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i 


CONSOLIDATED 

SUPPLEMENT 

TO  THE 

CODES  AND  GENERAL  LAWS  OE  1909 

SHOWING   THE   CHANGES   AFFECTING  THE   CODES 
AND  THE  GENERAL  LAWS 

FOR  THE  YEARS  1911  AND  1913 

TOGETHER   WITH   THE 

CITATIONS  CONTAINED  IN  VOLUMES  154  TO  164  OF 

THE  CALIFORNIA  SUPREME  COURT  REPORTS 

AND   IN  VOLUMES  8  TO   19  OF  THE 

CALIFORNIA  APPELLATE 

REPORTS 

BY 

JAMES  H.  DEERING 


SAN  FRANCISCO 

BANCROFT- WHITNEY  COMPANY 

1913 


C^H|03Yl 


Copyright,  1913 
I  { A  X  <  !{ ()  IT-  W  MI  T  N  K  V  COM  PA  XY 


San    Francisco 

The  Fii.mfr  Br(itmfrs  F-lfctrotype  Company 

Typographers  and  Stereotypees 


TUB 

CODE  OF  CIVIL  PEOCEDIiEE 

OF  THE 

STATE  OF  CALIFORNIA. 

'AMENDMENTS  OF  1911  AND  1913. 
§  2. 

citations.      App.   8/164. 

§  4. 

Citations.   Cal.  157/794;  159/276;  160/386;  164/229. 

§  8. 

CiUtlons.     App.   19/5G5. 

Holidays. 

§  10.  Holidays  within  thp  meaning  of  this  code,  are  every  Sunday, 
the  first  day  of  January,  twelfth  day  of  February,  to  be  known  as  Lin- 
coln day,  twenty-second  day  of  February,  thirtieth  day  of  May,  fourth 
of  July,  ninth  day  of  September,  first  Monday  in  September,  twelfth  day 
of  October,  to  be  known  as  "Columbus  day,"  twenty-fifth  day  of  Decem- 
ber, every  day  on  which  an  election  is  held  throughout  the  state,  and 
every  day  appointed  by  the  President  of  the  United  States  or  by  the 
governor  of  this  state  for  a  public   fast,  thanksgiving  or  holiday. 

If  the  first  day  of  January,  twelfth  day  of  February,  twenty-second 
day  of  February,  the  thirtieth  day  of  May,  the  fourth  day  of  July,  the 
ninth  day  of  September,  the  twelfth  day  of  October  or  the  twenty-fifth 
day  of  December  falls  upon  a  Sunday,  the  Monday  following  is  a  holiday. 

Every  Saturday  from  twelve  o'clock  noon  until  twelve  o'clock  mid- 
night is  a  holiday  as  regards  the  transaction  of  business  in  the  public 
offices  of  this  state,  and  also  in  political  divisions  thereof  where  laws, 
ordinances  or  charters  provide  that  public  oiBces  shall  be  closed  on  holi- 
days; provided,  this  shall  not  be  construed  to  prevent  or  invalidate  the 
issuance,  filing,  service,  execution  or  recording  of  any  legal  process  or 
written  instrument  whatever  on  such  Saturday  afternoons;  and  provided 
further,  that  the  public  schools  of  this  state  shall  close  on  Saturday,  Sun- 
day, the  first  day  of  January,  the  thirtieth  day  of  May,  the  fourth  day 
of  July,  the  twenty-fifth  day  of  December  and  on  every  day  appointed 
by  the  President  of  the  United  States  or  the  governor  of  this  state  for  a 

1  (1) 


i§  12-G7 


CODE    OF    CIVIL    PROCEDl'HE. 


public  fast,  thanksgh-ing  or  holi<lay.     Said  public  schools  sball  contii 
in  session  on  all  other  legal  holi<iav9  and  shall  hold  proper  eiercises  c< 


inue 
'gal  holi<iay9  and  shall  hold  proper  eiercises  com- 
memorating the  day.  Boards  of  school  trustees  and  city  boards  of  educa- 
tion shall  have  jiower  to  declare  a  holiday  in  the  public  schools  under 
their  jurisdiction  when  good  reason  exists  therefor.  [iLmepdment  ap- 
proved April  2(3.  1011;  ^^tats.  1911,  p.  1122.) 
ClUtlons.      App.    10/457,  458,   459.   725;    13/118. 

§   12. 

Citations.      Pal.    158/«09:    162/067.      App.    13/116.   »M. 

§   13. 

Citations.      Till.    !.'.« '130.   348;    160/291.      App.  •/472. 

§   16. 

ClUtlons.      App.    IG,  343. 

§  17. 

ClUtloni.      App.   11/648;    15/853. 

§  22. 

Citations.      App.    12/225;   17/668. 

§  23. 

Citations.      Ct\.    156/91.      App.    13/825. 

§  31. 

Citations.     App.   10/550. 

§  47. 

Citations.      Cal.    157/423. 

§  52. 

Citations.     App.  8/435. 

§  53. 

Citations.      Cal.    lf.4/13.      App.    18/17. 

§  57. 

OltaUons.     App.  11/588. 

Superior  court  of  San  Francisco  county. 

§  67.  In  tlip  I'ity  and  county  of  8:»n  Franoiivo.  there  shall  be  flxtcon 
judges  of  tlie  superior  court,  aiiy  one  or  more  of  whom  may  hoM  court; 
and  there  may  bo  as  ninny  sessions  of  said  court  at  the  same  lime,  as 
there  are  judgrs  thereof.  The  said  judges  shall  choose  from  thejr  own 
numbor.  a  presiding  judge,  who  may  at  any  time  be  removed  a«  pre- 
siding judge,  and  another  chosen  in  his  place  by  a  vote  of  any  nine  of 


3  CODE  OP   CIVIL   PROCEDURE.  §  G7a 

them.  The  prrsiding  .iudtrf  shall  distribute  the  biisineps  nf  the  court 
among  the  judges  thereof,  and  prescribe  the  order  of  business,  and 
ptrform  such  other  duties  as  the  judges  of  said  court  may  by  rule 
provide.  The  judgments,  orders  and  jiroc-eedings  of  any  session  of  the 
superior  court,  held  by  any  one  or  more  of  tlie  judges  of  said  court, 
shall  be  equally  as  elTcftivo  as  if  all  of  said  judges  of  said  court 
jiresided  at   such  session. 

Within  ninity  days  after  this  act  becomes  a  law,  the  governor  shall 
apfioiiit  four  judges  of  the  superior  court  in  the  city  and  county  of 
San  Francisco,  in  addition  to  the  twelve  sujterior  court  judges  idrcady 
|)ro\  idcd  for  by  law,  in  and  for  saiil  city  and  founty  of  San  Francisco, 
state  of  California,  who  shall  hold  office  until  the  first  Monday  after 
the  first  day  of  .January,  191."i.  At  the  next  general  election  to  he  held 
in  Novemlu'r,  IHH,  four  ad<litionaI  judges  of  the  superior  court  shall  be 
elected  in  the  city  and  puuuty  of  San  Francigco,  who  shall  be  success- 
ors of  the  judges  appointed  hereunder  for  the  term  prescribed  by  the 
constitution  anil  by  law.  The  salaries  of  the  said  additional  judges 
shall  be  the  same  in  amount  an<l  be  jiaid  in  the  same  manner  and  at  the 
same  time  as  the  salaries  of  the  other  judges  of  the  sujierior  court 
ill  and  for  the  city  and  county  of  San  Francisco,  and  now  authnrized 
bv  law.  fAmenilm'ent  approved  April  22,  1913.  Stats.  1913,  p.  48.  In 
effect  August  10,  1913.] 

Superior  court  of  Los  Angeles  county. 

§  67a.  In  counties  of  the  first  class  there  shall  be  eighteen  juilges 
of  the  superior  court,  any  one  or  more  of  whom  may  hold  court,  and 
there  may  be  as  many  sessions  of  said  court  at  the  same  time  as  there 
are  judges  thereof.  The  said  judges  shall  choose  from  their  own  num- 
ber a  presiding  judge,  who  ma%-  at  any  time  be  removed  as  presiding 
judge  and  another  judge  chosen  in  his  place  by  a  vote  of  any  twelve 
of  them.  The  presiding  juilge  shall  distribute  the  business  of  the  court 
among  the  judges  thereof,  and  prescribe  the  order  of  business  and  per- 
form such  other  duties  as  the  judges  of  the  said  court  may  by  rule  pro- 
vide. The  judgments,  orders  and  proceedings  of  any  session  of  the 
superior  court  held  by  any  one  or  more  of  the  judges  of  said  court 
shall  be  equally  as  effective  as  if  all  the  said  judges  of  said  court 
presided  at  such  session.  Within  thirty  days  after  this  act  goes  into 
effect,  the  governor  shall  appoint  six  additional  judges  of  the  superior 
court  in  counties  of  the  first  class  in  addition  to  the  twelve  superior 
court  judges  already  provided  by  law  in  and  for  the  said  counties  of 
the  first  class  who  shall  hold  office  until  the  first  Monday  aft«r  the 
first  day  of  January,  1915.  At  the  next  general  election  to  be  held  in 
November,  A.  D.  1914,  six  additional  judges  of  the  superior  court  shall 
be  elected  in  counties  of  the  first  class,  who  shall  be  successors  of  the 
judges  appointed  hereunder,  to  hold  office  for  the  term  prescribed  by 
the  constitution  and  by  law.  The  salaries  of  said  additional  judges 
shall  be  the  same  in  amount  and  be  paid  in  the  same  manner  and  at 
the  same  time  as  the  salaries  of  the  other  judges  of  the  said  counties 


§§  76-101  CODE    OF    CIVIL,    PROCEDURE.  4 

of  the  first  rlass  now  authorized  bv  law.  [Amendment  approved  May 
30,   1913;   Stats.   1913,  p.  334.     In  effect  August   10,   1913.J 

§  76. 

CiUtions.   App.  8/306;  18/663;  (tubd*.  1-i)  18/868. 

§  78. 

Citation!.      App.    18/663. 

§  90. 

Citations.      Cal.    161/210. 

§  92. 

Cltatlon«.      r»l.    If.  1/2 10. 

Justices  in  townships  of  two  hundred  and  fifty  thonsand. 

§  99.  There  sh.-ill  Yto  in  vnch  townf«hij)  having;  a  population  of  more 
th;in  two  himdreil  and  fifty  thoiinnnd  and  less  than  four  hundred  thou- 
Band  one  justices'  court  composed  of  four  ■■••.;  of  the  peace,  which 
shall   have  the  powers  and  jurisdiction   pr.  itid  conferred   by   law 

upon  justices  of  the  peace.     Said  justices  !?  "te  one  of  their  num- 

ber to  be  presiding  justice,  and  in  case  of  his  disability  or  temporary 
abf<enco  he  may  designate  any  one  of  the  other  justices  to  act  in  his 
stead.  Any  of  said  justices  may  hold  court  and  there  may  be  as  many 
sessionn  of  said  court  at  the  same  time  as  there  are  justices  thereof.  The 
supervisors  shall  provide  in  a  convenient  locality  a  suitable  office  for  the 
presiding  justice,  justices'  clerk,  and  rooms  suitable  for  holding  seMiona 
of  said  court,  separate  from  each  other,  for  each  of  sai  i  ■  -•  — ■•  of  the 
peace.     The    said    justices,   justices'    clerk    anil    deputy    >  be    in 

attendance  at  their  rcsj>ective  offices  for  the  dispatch  of      '  ■   isiness 

daily  from  9  o'clock  A.  M.  until  5  V.  M.     [New  section  approved  March 
23,  1911;  Stats.   1911.  p.  412.] 
Sp«   note   after  |  102b 

Process,  return  of.     Appearance. 

§  100.  The  original  [toicss  in  actions  or  proceedings  begun  in  said 
justices'  court  shall  be  returnable  anil  the  parties  summoned  required 
tu  appear  before  said  court.  ( .Vniendment  approved  June  16,  1913; 
Stats.  1913,  p.   1326.     In  effect  August   10,   1913.] 

This  crrtion   was  added   to   the   cod*   March   23,   1011.      8uia.    1011.  p.  442. 

Justices'  clerks. 

§  101.  S:ti<l  justices  shall  appoint  a  justices*  clerk  and  assistant 
justices'  clerk,  who  shall  hold  oflice  at  the  pleasure  of  said  justices  and 
shall  give  such  bond  for  the  faithful  performance  of  the  duties  of  his 
office  as  said  justices  may  require.  Each  justice  shall  also  .irn,.  .  ♦  r>ne 
deputy  clerk   who  shall   hold  office  at  the  pleasure  of  the  just  t 

ing  him   and   perform   such   duties   as   shall   be   required   by   ^         .        oe 


5  CODE  OP   CIVIL   PROCEDURE.  §§  102-102b 

or  justicps'  clerk.  Said  justices'  clerk,  said  assistant  justices'  clerk  and 
said  deputy  clerks  shall  be  authorized  to  administer  oaths  and  take 
and  certify  afli<lavits.  And  they  shall  each  be  authorized  to  issue  and 
sign  writs,  summons  and  all  other  processes  in  any  actions  or  proceed- 
ings in  said  justices'  courts  in  the  name  of  the  presiding  justice  or  the 
acting   presiding   justice   substantially    as    follows: 

Presiding  Justice. 

By , 

Clerk. 
[Amendment  approved  June   IG.    1013.     Stats.    1913,   p.    1326.     In   cflfect 
August   10,    1913.] 

ThU  iection   was  »dded   to   the   code   March   23,    1911.      Stats.    1911,   p.   443. 

Duties  of  justices'  clerks. 

§  102.  All  papers  to  be  filed  with  the  clerk,  all  lepal  process  of  every 
kind  in  actions  or  pyroceeding^  in  said  justices'  court,  shall  be  issued  by 
one  of  said  justices  or  by  said  justices'  clerk,  assistant  justices' 
clerk  or  deputy  justices'  clerk.  Any  one  of  said  justices  or  the  said 
justices'  clerk,  assistant  justices'  clerk  or  said  deputy  clerks  shall  issue, 
sign  and  certify  in  the  name  of  the  presiding  justice  or  acting  pre- 
siding justice  to  any  and  all  papers,  transcripts  or  records  whick  are 
required  to  be  issued,  signed  or  certified  by  said  justices  of  the  peace, 
all  complaints,  answers  and  other  pleadings  and  papers  required  to  be 
filed  in  said  justices'  court  shall  be  filed  with  said  justices'  clerk  who 
shall  keep  a  permanent  record  of  all  such  actions  and  proceedings  in 
said  justices'  docket  now  provided  bv  law  to  be  kept.  [Amendment 
approved  June  16,  1913.  Stats.  1913',  p.  1327.  In  efifect  August  10, 
1913.] 

This  section  was  added  to   the  code   March  23,   1911.      Stats.   1911,  p.  442. 

Fee«. 

§  102a.  The  fees  for  issuance  of  all  processes  and  all  other  fees, 
■which  are  allowed  by  law  for  any  oflBcial  service  of  the  justices  of  the 
peace  shall  be  exacted  and  paid  in  advance  into  the  hands  of  said  jus- 
tices' clerk  and  be  by  him  accounted  for  in  detail  under  oath  at  such 
times  as  may  be  required  by  the  board  of  supervisors,  and  paid  into  the 
treasury  of  the  county,  and  all  fees,  fines  and  penalties  received  or  col- 
lected in  said  justices'  court  shall  be  and  become  the  property  of  the 
county.     [New  section  approved  March  23,  1911;  Stats.  1911,  p.  422.] 

Sal&ries  of  justices  and  clerks. 

§  102b.  Said  justices  of  the  peace  shall  receive  a  salary  of  three  thou- 
sand dollars  per  year,  and  said  justices'  clerk  shall  receive  a  salary  of 
eighteen  hundred  dollars  per  year,  and  said  deputy  clerks  shall  each 
receive  a"  salary  of  one  thousand  two  hundred  dollars  per  year,  each  pay- 
able in   like   manner   and   out   of  the   same   funds   and   at   like   times   as 


§  103  CODE  OF    CIVIL   PROCEDURE.  6 

couuty  oflBcers  are  paid,  ami  suili  salaries  provided  to  be  paid  to  said 
justices  of  the  jieace  shall  be  in  lieu  of  all  fees  due  and  to  beeome  due 
such  justices  of  the  peace  for  the  performance  of  any  official  act.  [New 
section  approved  March  23,  1911;  .Stats.  UUl,  p.  442.] 

The  act  adding  SJ  09— 102b  to  the  code  contained  the  following  prorision  : 
§   7.      Nothing    in    this   act    shall    in    any   way    interfere   with   or   terminate   the 
term  of  office  of  any   ptrhon   now   holding  the   office  of  either  justice  of  the  peace 
or  clerk  of  the  juKtices'   court,   but   immediately   upon    this   act   taking  effect   said 
justice  of  the  peace  fchall  organize  said  court  under  the  provision  of  this  act. 

Justice's  courts  and  justices.  In  counties.  In  cities  of  various  classes. 
Jurisdiction.  Qualifications.  Salaries.  Fees. 
§  103.  There  shall  be  at  least  one  justice's  court  in  each  of  the  town- 
ships of  the  state,  for  which  one  justice  of  the  poace  must  be  elected 
by  the  qualified  electors  of  the  townsliip,  at  the  general  &tMte  election 
next  preceding  the  expiration  of  the  term  of  office  of  his  predecessor. 
In  any  county  where  in  the  opinion  of  the  board  of  supervisors  the  public 
convenience  requires  it,  the  said  board  may,  by  order,  provi«le  that  two 
justices'  courts  may  be  established  in  any  township,  designating  the  same 
insiich  order;  and  in  such  case,  i>iie  justice  of  the  jieace  must  l>e  elected 
in  the  manner  herein  provided  for  each  of  said  courts.  In  every  city  or 
town  of  the  first  and  one  half  class  there  must  be  five  justices  of  the 
peace,  and  in  every  city  or  town  of  the  second  class  there  must  be  two 
justices  of  the  peace,  and  in  every  city  or  town  of  the  second  and  one- 
half  class  there  must  be  one  justue  of  the  peace,  and  in  every  city  or 
town  of  the  third  and  fourth  clashes  there  must  be  one  justice  of  the 
peace,  to  be  elected  iu  like  manner  by  the  electors  of  such  cities  or  towns 
respectively;  and  such  justices  of  the  peace  of  cities  or  towns  shall  have 
the  same  jurisdiction,  civil  nnd  criminal,  as  justices  of  the  peace  of  town- 
ships and  township  justices'  courts.  Haid  justices  of  the  peace  of  cities 
and  justices'  courts  of  cities  shall  also  have  jurisdiction  of  all  proceed- 
ing's for  the  violation  of  any  ordinance  of  any  citv  in  which  courts  are 
established,  both  civil  and  criminal,  and  of  all  actions  for  the  collection 
of  any  license  required  by  any  ordinance  of  any  such  city  or  town,  and 
generally  exercise  all  powers,  duties  and  jurisdiction  civil  and  criminal, 
of  police  judges,  judges  of  police  courts,  recorder's  court  or  mayor's 
court,  within  such  city.  No  person  is  eligible  to  the  office  of  justice  of 
tiie  peace  in  any  city  or  town  of  the  first,  first  and  one-half,  second, 
second  and  one-half  or  third  class,  who  has  not  been  admitted  to  prac- 
tice law  in  a  court  of  record;  and  no  justice  of  the  peace  is  permitted 
to  practice  law  before  another  justice  of  the  peace  in  the  city,  town  or 
county  in  which  he  resides,  or  to  have  a  partner  engaged  in  the  prpctic* 
of  law  in  any  justice's  court  in  such  city,  town  or  county.  Every  city 
justice  of  the  peace  in  any  city  or  town  of  the  first  and  onehnlf  class 
shall  receive  a  salary  of  three  thousand  dollars  per  annum,  and  every 
city  justice  of  the  jieace  in  any  city  or  town  of  the  second  class  shall 
receive  a  salary  of  three   thousand  six  hundred   dollars  per  annum,  and 


7  CODE   OF    CJVIL    PROCEDUBE.  §  lOSVg 

every  city  jxistice  of  the  peace  in  any  city  or  town  of  the  second  and 
one-half  class  shall  receive  a  salary  of  three  thousand  dollars  per  annum, 
and  every  city  justice  of  the  peace  in  any  city  or  town  of  the  third  class 
shall  receive  a  salary  of  two  thousand  dollars  per  annum,  and  every  city 
justice  of  the  peace  in  any  city  or  town  of  the  fourth  class  shall  receive 
a  salary  of  one  thousand  five  hundred  dollars  per  annum;  and  each  jus- 
tice of  the  peace  shall  be  provided  by  the  city  or  town  authorities  with 
a  suitable  otKce  in  which  to  hold  his  court.  Where  the  compensation  of 
the  justice  of  the  peace  of  any  city  or  town  is  by  salary  it  shall  be  paid 
by  warrants  drawn  each  month  upon  the  salary  fund,  or  if  there  be  no 
salary  fund,  then  upon  the  general  fund  of  such  city  or  town;  such  war- 
rants to  be  audited  and  ])aid  as  salaries  of  any  other  city  officials.  All 
fees  which  are  chargeable  by  law  for  services  rendered  by  such  city 
justice  of  the  peace  in  cities  or  towns  aforesaid  shall  be  by  them  respec- 
tively collected,  and  on  the  first  Monday  of  each  month  every  such  city 
or  town  justice  shall  make  a  report,  under  oath,  to  the  city  or  town 
treasurer,  of  the  amount  of  fees  so  by  him  collected,  and  pay  the  amount 
so  collected  into  the  city  or  town  treasury,  to  the  credit  of  the  general 
fund  thereof.  Said  salaries  shall- be  the  sole  compensation  of  the  said 
city  justice.  [Amendment  approved  April  29,  1911;  Stats.  1911,  p.  1215.] 
ClUtions.      Cal.   162/614,    617,    619,    620.      App.    16/424. 

Clerk  to  justice's  court  In  cities  of  second  and  one-half  and  third  classes, 
duties,  etc. 
§  lOSVz-  Every  city  justice's  court  in  any  city  or  town  of  the  sec- 
ond and  one-half  class  and  the  third  class  shall  have  a  clerk,  who  shall 
be  appointed  by  the  justice  of  the  peace  of  said  court,  subject  to  the 
approval  of  the  board  of  supervisors  of  the  county,  and  shall  hold  office 
during  the  pleasure  of  said  justice.  Said  clerk  shall  give  a  bond  in 
the  6um  of  five  thousand  dollars,  with  at  least  two  sureties  to  be  ap- 
proved by  the  mayor,  conditioned  for  the  faithful  discharge  of  the 
duties  of  his  office.  He  shall  keep  a  record  of  the  proceedings  of  said 
court  and  issue  all  process  ordered  by  the  justices  of  said  court,  and 
receive  and  pay  into  the  city  treasury  all  fines,  forfeitures  and  fees  paid 
iiito  said  court.  He  shall  render  each  month  to  the  city  council  an  exact 
account  under  oath  of  all  fines,  forfeitures  and  fees  paid  and  collected. 
He  shall  prepare  bonds,  justify  bail,  when  the  amount  has  been  fixed 
by  the  court  or  justice,  and  may  administer  and  certify  oaths  and  shall 
remain  in  the  courtrooms  of  said  court  during  court  hours  and  during 
such  reasonable  times  thereafter  as  may  be  necessarj-  for  the  proper 
performance  of  his  dutj'.  He  shall  have  custody  of  all  records  and 
papers  of  said  justice's  court.  Every  clerk  of  the  justice's  court  in  any 
city  or  town  of  the  second  and  one-half  class  shall  receive  an  annual 
salary  of  one  thousand  six  hundred  dollars,  and  every  clerk  of  the  jus- 
tice's court  in  any  city  or  town  of  the  third  class  shall  receive  an 
annual  salary  of  one  thousand  two  hundred  dollars;  said  salaries  shall 
respectively  be  payable  in  equal  monthly  installments  out  of  the  treas- 


§§  112-182  CODE   OF    CIVIL   PROCEDURE.  8 

iiry  of  said   cities  and   said  salaries  shall  be  the   full   compensation  for 
all    services    rendered    by    the    clerks    of    said    courts.      [Amendment    ap- 
proved April   23,   1913;    Stats.    1913,   p.   68.     In   effect   August  10,   1913.]      j 
Also   amended  April  29,   1911    (Stats.   1911,  p.   1214). 

§  112. 

Citations.      Cal.   159/31;   163/112;    (subd.  5)    162/283. 

§  128. 

Citations.      Cal.    (suhd.   8)    157/647.     App.    (subd.   5)    14/437,  438. 

Rules  of  courts  of  record. 

§  129.  Every  court  of  record  may  make  rules  not  inconsistent  with 
the  laws  of  this  state,  for  its  own  government  and  the  government  of 
its  officers;  but  such  rules  shall  neither  impose  any  tax,  charge  or 
penalty  upon  any  legal  proceeding,  or  for  filing  any  pleading  allowed 
by  law,  nor  give  any  allowance  to  any  officer  for  services.  [Amendment 
approved  April  25,  1913;  Stats.  1913,  p.  90.  In  effect  August  10,  1913.] 
Citations.     App.   18/465. 

Rules  of  supreme  court. 

§  130.  Rules  adopted  by  the  supreme  court  shall  take  effect  sixty 
days,  and  rules  adopted  by  superior  courts,  thirty  days  after  their  pub- 
lication. When  adopted  they  shall  be  spread  upon  the  record  of  the 
court,  printed  and  filed  in  the  office  of  the  clerk  of  the  court.  [Amend- 
ment approved  April  25,  1913;  Stats,  1913,  p.  90.  In  effect  August  10, 
1913.] 

§  134. 

Citations.      App.  10/458,   459. 

§  135. 

Citations.     App.   10/459,  725. 

§  144. 

Citations.     App.   8/56,  57. 

§  160. 

Citations.     App.   17/663. 

§   170. 

Citations.   Cal.  158/607,  608;  159/545,  547;  160/119;  (subd.  2)  158/68; 
(subd.  3)  160/393;  (subd.  4)  159/547.   App.  9/524;  17/662,  663. 

§  171. 

Citations.     App.  11/441. 

§  182. 

Citetions.     Add.   8/775;    11/503. 


CODE   OF    CIVIL   PROCEDURE.  §§  186-274 

§  186. 

Citations.      Cal.   155/805. 

S  187. 

Citations.   Cal.  157/415;  App.  14/679;  17/275;  18/743;  19/550. 

§  198. 

Citations.  Cal.  (subd.  2)  159/527;  (subd.  3)  159/11.  App.  8/199;  17/142- 
148. 

§  199. 

Citations.      Cal.    (subd.  3)    155/170.     App.   17/145,   147;    (subd.  3)    17/738. 

§  200. 

Citations.     App.    (subd.  13)   17/738. 

§  206. 

Citations.      App.   14/448. 

§  225. 

Citations.     App.   9/547. 

§  226. 

Citations.      Cal.   155/542,    545.     App.   9/547,   548. 

§  227. 

Citations.      Cal.   155/556. 

§  248. 

Citations.      App.  13/657. 

§  265. 

Citations.     Cal.  157/423. 

§  269. 

Cltotions.      Cal.   157/766;    163/464.     App.   12/92. 

S  270. 

Citations.      Cal.   157/766;    163/464,   465. 

§  271. 

Citations.      Cal.   157/766;    163/464,   465. 

§  273. 

Citations.      App.   15/468. 

§  274. 

Citations.      Cal.    156/431,   432.      App.    9/44G;    18/443. 


§§274a-286 


CODE   OF    CIVIL   PROCEDURE. 


lOr 


Matter  to  be  taken  down  in  shorthand.  By  ofacial  reporter  or  other 
stenographer. 
§  274a.  Judges  of  the  superior  court  may  have  any  opinion  given  or 
rendered  by  such  judge  in  the  trial  of  any  action  or  proceeding,  pending 
in  such  court,  or  any  instructions  to  be  given  by  such  court  to  the  jury, 
or  any  necessary  order,  petition,  citation,  commitment  or  judgment  in 
any  insanity  proceeding,  probate  proceeding,  proceeding  concerning  new 
or  additional  bonds  of  county  officials,  or  juvenile  court  proceeding,  taken 
down  in  shorthand  and  transcribed  by  the  official  reporter  of  such  court; 
but  if  there  be  no  official  reporter  for  such  court,  then  by  any  competent 
stenographer  or  typewriter,  the  cost  thereof  to  be  a  legal  charge  against 
the  county,  payable  out  of  the  general  fund  in  the  county  treasury  in  the 
same  manner  as  any  other  claims  against  the  county,  when  properly 
ap]iroved  by  the  said  judge  so  ordering  the  same.  [Amendment  approved 
March  25,  "1911;   Stats.  1911,  p.  499.] 


§  275. 

Citations. 

App.   11/230 

S  278. 

Citations. 

App.   12/349 

Aclm^!ssion  on  diplomas  from  certain  universities. 

§  280b.  Any  person  producing  a  diploma  of  graduation  from  the  col- 
lege of  law  of  the  University  of  Southern  California,  or  evidence  of 
having  satisfactorily  completed  the  three  years'  course  of  law  study  pre- 
scribed by  the  department  of  law  of  Leland  Stanford  Junior  University 
or  the  department  of  jurisprudence  of  the  University  of  California,  or 
the  institute  of  law  of  the  University  of  Santa  Clara  shall  be  entitled 
to  a  license  to  practice  law  in  all  the  courts  of  this  state;,  subject  to 
the  right  of  the  chief  justice  of  the  supreme  court  of  the  state  to  order 
an  examination,  as  in  ordinary  cases  of  applicants  without  such  diploma 
or  other  evidence.  [Amendment  approved  May  12,  1913;  Stats.  1913,  p. 
88.     In   effect   August  10,   1913.] 


§  282. 

Citations. 


Cal.  157/423;  160/405.   App.  12/349;  (subd.  6)  11/121. 


§  283. 

Citations.      Cal.   159/726.     App.   8/402;    12/729,   730;   15/619. 

§  284. 

Citations.     App.   9/199. 

§  285. 

Citations.      App.   9/199. 

§  286. 

Citations.      App.   13/116. 


11  CODE    OF    CIVIL    PROCEDURE.  §§  287-292 

Causes  for  which  court  may  remove  attorney. 

§  287.  An  attorney  and  counselor  may  be  removed  or  suspended  by 
the  supreme  court,  or  any  department  thereof,  or  by  any  district  court 
of  appeal,  or  by  any  superior  court  of  the  state,  for  either  of  the  follow- 
ing causes,  arising  after  his  admission  to  practice: 

1.  His  conviction  of  a  felony  or  misdemeanor  involving  moral  turpi- 
tude, in  which  case  the  record  of  conviction  shall  be  conclusive  evidence; 

2.  Willful  disobedience  or  violation  of  an  order  of  the  court  requiring 
him  to  do  or  forbear  an  act  connected  with,  or  in  the  course  of  his 
profession,  which  he  ought  in  good  faith  to  do  or  forbear,  and  any  viola- 
tion of  the  oath  taken  by  him,  or  of  his  duties  as  such  attorney  and 
counselor; 

3.  Corruptly  or  willfully  and  without  authority  appearing  as  attorney 
for  a  party  to  an  action  or  proceeding: 

4.  Lending  his  name  to  be  used  as  attorney  and  counselor  by  another 
person  who  is  not  an  attorney  and  counselor; 

5.  For  the  commission  of  any  act  involving  moral  turpitude,  dishonesty 
or  corruption,  whether  the  same  be  committed  in  the  course  of  his  rela- 
tions as  an  attorney  or  counselor  at  law,  or  otherwise,  and  whether  the 
same  shall  constitute  a  felony  or  misdemeanor  or  not;  and  in  the  event 
that  such  act  shall  constitute  a  felony  or  misdemeanor,  conviction  thereof 
in  a  criminal  proceeding  shall  not  be  a  condition  precedent  to  disbarment 
or  suspension  from  practice  therefor. 

In  all  cases  where  an  attorney  is  removed  or  suspended  by  a  superior 
court,  the  judgment  or  order  of  revioval  or  suspension  may  be  reviewed 
on  appeal  by  the  supreme  court.  [Amendment  approved  April  10,  1911; 
Stats.  1911,  p.  848.] 

Citations.      Cal.   157/428,430;  160/408;   (subds.  1-4)  157/428.     App.  11/441. 

.ii;J      .3'. 

Citation  of  accused  by  publication. 

§  292.  Upon  receiving  the  accusation,  the  court  shall  make  an  order 
requiring  the  accused  to  appear  and  answer  it  at  a  specified  time,  and 
shall  cause  a  copy  of  the  order  and  of  the  accusation  to  be  served  upon 
the  accused  at  least  five  days  before  the  day  appointed  in  the  order.  If 
it  shall  appear  by  affidavit  to  the  satisfaction  of  the  court  or  judge  that 
the  accused  resides  out  of  the  state;  or  has  departed  from  the  state;  or 
cannot,  after  due  diligence,  be  found  within  the  state;  or  conceals  him- 
self to  avoid  the  service  of  the  order  to  show  cause,  the  court  or  judge 
may  direct  the  service  of  a  citation  to  the  accused,  requiring  him  to 
appear  and  answer  the  accusation,  to  be  made  by  publication  in  a  news- 
paper of  general  circulation  published  in  the  county  in  which  the  pro- 
ceeding is  pending  for  thirty  days.  Such  citation  must  be  directed  to 
the  accused,  recite  the  date  of  the  filing  of  the  accusation,  the  name  of 
the  accuser,  and  the  general  nature  of  the  charges  against  him,  and 
require  him  to  appear  and  answer  the  accusation  at  a  specified  time.  On 
proof  of  the  publication  of  the  citation  as  herein  required  the  court  shall 
have  jurisdiction  to  proceed  to  hear  the  accusation  and  render  judgnuMit 
with  like  effect  as  if  an  order  to  show  cause  and  a  copy  of  the  accusation 


§§  296-337  CODE  of  civil  procedure.  12 

had  been  personally  served  on  the  accused.     [Amendment  approved  April 
21,  1911;   Stats.   1911,   p.   979.] 

§  295. 

Citations.      Cal.   157/430. 

§  297. 

Citations.      Cal.   157/430;   160/408. 

§  299. 

Citations.     App.   11/230. 

§  312. 

CiUtiona.      Cal.   156/48;    161/696.     App.  9/370. 

§  315. 

Citations.      Cal.   158/710. 

§  318. 

Citations.   Cal.  156/402;  159/543;  163/509,  650,  651;  164/95,  99.  App. 
9/507,  510;  12/37;  15/774,  786;  19/259. 

§  319. 

Citations.      Cal.   156/402;    159/543;    163/509. 

§  321. 

Citations.      Cal.   156/574.     App.   19/625. 

§  322. 

Citations.      Cal.   156/403,   404. 

§  323. 

Citations.      Cal.    156/17,    404;     (subd.    2)     156/17;     (subds.    3,    4)     164/253. 
App.  12/37. 

§  326. 

Citations.   Cal.  156/17,  405;  157/385,  386;  162/520;  163/509;  (subd.  1) 
156/17.   App.  10/195,  196;  19/625. 

§  335. 

Citations.      Cal.   158/692;    163/650. 

§  336. 

Citations.      Cal.   155/214;    162/180;   164/276;    (subd.   1)   162/179-181. 

§  337. 

Citations.   Cal.  155/601;  158/692;  159/543,  544,  606,  608;  163/446,  443. 
684;  164/95,  99.  276,  277,  388;  (subd.  1)  163/204;  164/473;  (subd.  2) 


13  CODE  OF   CIVIL   PROCEDURE.  §§  338-344 

164/473.   App.  9/181,  183,  185,  190;  11/496;  17/593;  18/108;  19/454,  799; 
(subd.  1)  17/567. 

§  338. 

Citations.  Cal.  159/543,  606;  160/92;  161/695;  163/650,  651,  684;  164/ 
276;  (subd.  1)  160/94;  (subd.  2)  161/696;  (subd.  4)  156/556,  556;  16/295, 
696,  699,  702;  163/650,  651,  652.  App.  8/706;  13/231;  15/184;  16/579; 
(subd.  4)  8/706;  9/230,  508,  510;  12/616,  618;  13/232;  15/184;  16/578. 

Actions  that  must  be  brought  within  two  years. 
§  339.     Within  two  years: 

1.  An  action  upon  a  contract,  obligation  or  liability  not  founded  upon 
an  instrument  of  writing,  other  than  that  mentioned  in  subdivision  2 
of  section  337  of  this  code;  or  an  action  founded,  upon  an  instrument 
or  writing  executed  out  of  the  state;  or  an  action  founded  upon  a  con- 
tract, obligation  or  liability,  evidenced  by  a  certificate,  or  abstract  or 
guaranty  of  title  of  real  property,  or  by  a  policy  of  title  insurance; 
provided,  that  the  cause  of  action  upon  a  contract,  obligation  or  liability 
evidenced  by  a  certificate,  or  abstract  or  guaranty  of  title  of  real  prop- 
erty, or  policy  of  title  insurance  shall  not  be  deemed  to  have  accrued 
until  the  discovery  of  the  loss  or  damage  suffered  by  the  aggrieved 
party   thereunder. 

2.  An  action  against  a  sheriff,  coroner,  or  constable  upon  a  liability 
incurred  by  the  doing  of  an  act  in  his  official  capacity  and  in  virtue 
of  his  ofiice,  or  by  the  omission  of  an  ofiicial  duty,  including  the  non- 
I)ayment  of  money  collected  upon  an  execution.  But  this  subdivision 
does  not  apply  to  an  action  for  an  escape.  [Amendment  approved  May 
30,   1913;    Stats.   1913,   p.   332.     In   effect   August   10,   1913.] 

Citations.  Cal.  156/48;  159/543,  606,  608;  160/92;  164/276;  (subd.  1) 
156/271,  272,  556;  157/764,  765,  768,  769;  159/110;  163/204;  164/473,  474, 
626.  App.  8/706;  9/113,  284,  285,  513;  12/103;  19/312,  314;  (subd.  1) 
8/705,   706;   12/616,   787;   13/205;    17/567. 

§  340,  subd.  3. 

Citations.      Cal.   156/638;    164/190,    191. 

§  341. 

Citations.      Cal.   158/351;    160/92. 

§  342. 

Citations.      Cal.   163/446,   448. 

§  343. 

Citations.  Cal.  159/111,  543,  608;  161/295;  163/650,  651,  684,  724;  164/ 
95,  99,  278.   App.  8/164;  12/617;  18/108,  183;  19/259,  454,  703. 

§  344. 

Citations.     App.   18/617,   620,   621. 


346-370 


CODE  OF    CIVIL   PROCEDURE. 


14 


§  346. 

Citations. 

§  351. 

Citations. 

§  353. 

Citations. 


App.   8/165,    166. 

Cal.    164/626,    628.      App.    9/370,    371. 

Cal.   159/543-545.      App.  9/513;   12/103. 


§  355. 

Citations.      Cal.   156/348. 


§  359. 

Citations. 


Cal.  160/92,  94.      App.  9/370,  371;  16/2e 


§  360. 

Citations.      App.  9/113;    11/525,   526,   527;   17/567,  569. 

§  361. 

Citations.      Cal.  157/195,  198,  199,  200;   162/180,  181;   164/473. 

§  363. 

Citations.     App.   9/370. 


§  367. 

Citations. 

§  368. 

Citations. 


Cal.  157/447;  158/230.  App.  18/280. 
App.  18/280,  453, 


§  369. 

Citations.      Cal.   157/447. 

Married  woman  as  party  to  action. 

§  370.  "When  a  married  woman  is  a  party,  her  husband  must  be  joined 
with  her,  except: 

1.  When  the  action  concerns  her  separate  property,  including  .action 
for  injury  to  her  person,  libel,  slander,  false  imprisonment  or  malicious 
prosecution,  or  her  right  or  claim  to  the  homestead  property,  she  may 
sue  alone. 

2.  When  the  action  is  between  herself  and  her  husband,  she  may  sue 
or  be  sued  alone. 

3.  When  she  is  living  separate  and  apart  from  her  husband  by  reason 
of  his  desertion  of  her,  or  by  agreement,  in  writing,  entered  into  between 
them,  she  may  sue  or  be  sued  alone.  [Amendment  approved  Mav  21, 
1913;  Stats.  1913,  p.  217.     In  effect  August  10,  1913.] 

Citations.      Cal.    156/36;    158/155;    164/349,    685.     App.    11/626,    627;    15/ 
751;    19/233,   234. 


15 


CODE   OP    CIVIL    PROCEDURE. 


i§  372-388 


Appearance  of  infant,  etc.,  by  guardian.     May  compromise. 

§  372.  \\  hen  an  infant,  or  an  insane  or  incoaipeteut  person  is  a  party, 
he  must  appear  either  by  his  general  guardian  or  by  a  guardian  ad  litem 
appointed  by  the  court  in  which  the  action  is  pending,  in  each  case.  A 
guardian  ad  litem  may  be  aj^pointed  in  any  ease,  when  it  is  deemed  by 
the  court  in  which  the  action  or  proceeding  is  prosecuted,  or  by  a  judge 
thereof,  expefiient  to  represent  the  infant,  insane,  or  incompetent  person 
in  the  action  or  proceeding,  notwitlistanding  he  may  have  a  general 
guardian  and  may  have  appeared  by  him.  The  general  guardian  or 
guardian  ad  litem  so  appearing  for  any  infant,  or  insane  or  incompetent 
person  in  any  suit  shall  have  power  to  compromise  the  same  and  to  agree 
to  the  judgment  to  be  entered  therein  for  or  against  his  ward,  subject 
to  the  approval  of  the  court  in  which  such  suit  is  pending.  [Amend- 
ment approved  May  30,  1913;  Stats.  1913,  p.  350.  In  effect  August  10, 
1913.] 

Citations.      Cal.   156/237;   161/389. 

§  373. 

Citations.     Cal.   161/389. 

§  376. 

Citations.      Cal.  159/276,  280,  281. 

§  377. 

Citations.  Cal.  158/416;  159/276,  278,  280,  504,  505,  508,  772;  164/191, 
194,  567,  569,  570,  572,  573,   App.  10/286. 

§  378. 

Citations.     App.   8/586. 

§  379. 

Citations.      Cal.   160/605.     App.   14/703. 

§  382. 

Citations.      Cal.   163/116,  117.     App.   14/788,  789;   1C/19C. 

§  385. 

Citations.  Cal.  157/380;  158/638.  App.  9/190;  11/732;  12/425;  15/117; 
19/178. 

§  386. 

Citations.      Cal.   162/554.      App.   16/27;    19/345,    348, 

§  387. 

Citations.      Cal.   157/298,    560;    164/237. 

§  388. 

Citations.      App.    11/698;    13/246;    14/371,    372,    373;    16/590-594. 


§§  389-398  CODE  OP  civil  procedure.  16 

§  389. 

Citations.  App.  10/77,  78;  14/703;  16/291;  19/222. > 

§  392. 

Citations.   Cal.  159/698,  699;  163/88,  89;  (subd.  1)  155/73.  App.  9/319; 
11/238,  240,  241;  12/226,  517;  16/564;  (subd.  1)  12/520. 

§  393. 

Citations.     App.  11/238. 

§  394. 

Citations.      App.   11/238;   12/224,  225,   226,  227. 

Actions  to  be  tried  in  county  in  which  defendant  resides,  etc.     If  de- 
fendant does  not  reside  in  state. 

§  395.  In  all  other  cases,  the  action  must  be  tried  in  the  county  in 
which  the  defendants,  or  some  of  them,  reside  at  the  commencement  of 
the  action,  or  if  it  be  an  action  for  injury  to  person,  or  property,  or  foi 
death  from  wrongful  act,  or  negligence,  in  the  county  where  the  injury 
occurs,  or  the  injury  causing  death  occurs,  or  in  the  county  in  which 
the  defendants,  or  some  of  them,  reside  at  the  commencement  of  the 
action.  If  none  of  the  defendants  reside  in  the  state,  or,  if  residing  in 
the  state,  and  the  county  in  which  they  reside  is  unknown  to  the  plain- 
tiff, the  same  may  be  tried  in  any  county  which  the  plaintiff  may 
designate  in  his  complaint,  and  if  the  defendant  is  about  to  depart 
from  the  state,  such  action  may  be  tried  in  any  county  where  either  of 
the  parties  reside,  or  service  is  had,  subject  however,  to  the  power  of 
the  court  to  change  the  place  of  trial,  as  provided  in  this  code.  If  any 
person  is  impliedly  joined  as  a  defendant,  or  has  been  made  a  defendant 
solely  for  the  purpose  of  having  the  action  tried  in  the  county  where 
he  resides,  his  residence  must  not  be  considered  in  determining  which 
is  the  proper  county  for  the  trial  of  the  action.  [Amendment  approved 
April   10,   1911;   Stats.   1911,  p.   847.] 

Citations.      Cal.   156/268;    159/696,    698;    163/116,    340;    164/535.     App.    9/ 

319;    10/72,    73,    390,    585;    11/227,    229,    238,    241;    12/517;    15/538;    16/197, 

564;    17/400,    662. 

§  396. 

Citations.  Cal.  158/234;  163/340,  658;  164/535,  536,  537.  App.  10/391, 
581;  11/227,  229;  13/586;  15/475;  16/518,  564;  18/115. 

§  397. 

Citations..  Cal.  159/547;  164/535,  536;  (subd.  3)  162/760;  (subd.  4) 
158/609.   App.  11/238;  18/116;  (subd.  3)  15/538;  17/400. 

§  398. 

Citations.     Cal.   158/608;    159/547.     App.   17/6C2,   663. 


17  CODE  OF    CIVIL   PROCEDURE.  §§405-412 


s 

Citations. 

App.   11/49C. 

§ 

407. 

Citations. 

Cal.   159/732. 

§ 

408. 

Citations. 

Cal.    159/732. 

§ 

409. 

Citations. 

App.   18/728. 

App.    19/222. 


§  411. 

Citations.      Cal.    (subd.    1)    101/533.     App.    11/662;    18/779;    (subd.    1)    12/ 
448;    (Bubd.   2)    12/448;    18/779. 

Cases  in  which  service  of  summons  may  be  by  publication.  Certificate 
of  residence. 
§  412.  Where  the  person  on  whom  service  is  to  be  made  resides  out 
of  the  state;  or  hag  departed  from  the  state;  or  cannot,  after  due  dili- 
gence, be  found  within  the  state;  or  conceals  himself  to  avoid  the  service 
of  summons;  or  is  a  corporation  having  no  managing  or  business  agent, 
cashier  or  secretary,  or  other  officer  upon  whom  summons  may  be  served, 
who,  after  due  diligence  cannot  be  found  within  the  state,  and  the 
fact  appears  by  affidavit  to  the  satisfaction  of  the  court,  or  a  judge 
thereof;  and  it  also  appears  by  such  affidavit,  or  by  the  verified  com- 
plaint on  file,  that  a  cause  of  action  exists  against  the  defendant  in 
respect  to  whom  the  service  is  to  be  made,  or  that  he  is  a  necessary 
or  proper  party  to  the  action;  or  when  it  appears  by  such  affidavit,  or 
by  the  complaint  on  file  herein,  that  it  is  an  action  which  relates  to  or 
the  subject  of  which  is  real  or  personal  property  in  this  state,  in  which 
such  person  defendant  or  corporation  defendant  has  or  claims  a  lien  or 
interest,  actual  or  contingent,  therein,  or  in  which  the  relief  demanded 
consists  wholly  or  in  part  in  excluding  such  person  or  corporation  from 
any  interest  therein,  such  court  or  judge  may  make  an  order  that  the 
service  be  made  by  the  publication  of  the  summons;  provided,  that  where 
service  is  sought  to  be  made  upon  a  person  who  cannot,  after  due  dili- 
gence, be  found  within  the  state  it  must  first  appear  to  the  court  by 
the  affidavit  aforesaid  that  there  has  not  been  filed,  on  behalf  of  such 
person,  in  the  county  where  such  action  is  pending,  the  certificate  of 
residence  provided  for  by  section  1163  of  the  Civil  Code  in  the  county 
in  which  the  action  is  brought;  or  that  said  certificate  was  so  filed  and 
that  the  defendant  cannot  be  found  at  the  place  named  in  said  certifi- 
cate, which  latter  fact  must  be  made  to  appear  by  the  certificate  of  the 
sheriff  of  the  county  wherein  said  defendant  claims  residence  in  and  by 
said  certificate  of  residence,  and  which  certificate  of  said  sheriff  must 
show  that  service  of  said  summons  was  attempted  upon  said  defendant 
2 


§§  413-426  CODE  OP  CIVIL  PROCEDURE.  18 

at  the  place  named  in  said  certificate  of  residence  but  that  said  defend- 
ant ■was  not  to  be  found  thereat.  [Amendment  appxoved  May  20,  1913; 
Stats.  1913,  p.  1422.     In  effect  August  10.  1913.] 

Citations.  Cal.  155/341;  159/35,  36;  160/373.  App.  13/718;  19/221,  794. 
Another  §412  was  adopted  at  the  same  session  as  follows: 

§  412.  Where  the  person  on  whom  service  is  to  be  made  resides  out  of  the 
state;  or  has  departed  from  the  state;  or  cannot,  after  due  diligence,  be  found 
within  the  state;  or  conceals  himself  to  avoid  the  service  of  summons;  or  is  a 
foreign  corporation  having  no  managing  or  business  agent,  cashier  or  secretary 
within  the  state;  or  is  a  domestic  corporation  the  officers  and  agents  of  which, 
upon  whom,  under  the  law,  service  may  be  made  binding  upon  the  corporation, 
cannot  after  due  diligence,  be  found  within  the  state,  and  the  fact  appears  by 
affidavit  to  the  satisfaction  of  the  court,  or  a  judge  thereof;  and  it  also  appears 
by  such  affidavit,  or  by  the  verified  complaint  on  file,  that  a  cause  of  action 
exists  against  the  defendant  in  respect  to  whom  the  service  is  to  be  made,  or 
that  he  is  a  necessary  or  proper  party  to  the  action;  or  when  it  appears  by 
such  affidavit,  or  by  the  complaint  on  file  herein,  that  it  is  an  action  which 
relates  to  or  the  subject  of  which  is  real  or  personal  property  in  this  state,  in 
which  such  person  defendant  or  foreign  corporation  defendant  has  or  claims  a 
lien  or  interest,  actual  or  contingent,  therein,  or  in  which  the  relief  demanded 
Consists  wholly  or  in  part  in  excluding  such  person  or  foreign  corporation  from 
any  interest  therein,  such  court  or  judge  may  make  an  order  that  the  service 
be  made  by  the  publication  of  the  summons;  provided,  that  where  service  is 
sought  to  be  made  upon  a  person  who  cannot,  after  due  diligence,  be  found 
within  the  state  it  must  first  appear  to  the  court  by  the  affidavit  aforesaid 
that,  there  has  not  been  filed,  on  behalf  of  such  person,  in  the  county  where 
such  action  is  pending,  the  certificate  of  residence  provided  for  by  section  one 
thousand  one  hundred  and  sixty-three  of  the  Civil  Code  in' the  county  in  which 
the  action  is  brought;  or  that  said  certificate  was  so  filed  and  that  the  defendant 
cannot  be  found  at  the  place  named  in  said  certificate,  which  latter  fact  must 
be  made  to  appear  by  the  certificate  oi  the  sheriff  of  the  county  wherein  said 
defendant  claims  residence  in  and  by  said  certificate  of  residence,  and  which 
certificate  of  said  sheriff  must  show  that  service  of  said  summons  was  attempted 
upon  said  defendant  at  the  place  named  in  said  certificate  of  residence  but  that 
said  defendant  was  not  to  be.  found  thereat.  [Amendment  approved  April  23, 
1913;    Stats.  1913,  p.   69.      In  effect  August  10,  1913.] 

Another  §  412  was  adopted  at  the  same  session.     See  ante. 

§  413. 

Citations.      Cal.   164/506.     App.   19/484. 

§  414. 

Citations.     App.   11/698;    14/371;    17/214. 

§   416. 

Citations.     App.  10/9,   390,   700;   13/9;   19/193. 

§  422. 

Citations.     App.    8/260.     Prac.   Act,  §38:   App.    10/425. 

§  426. 

Citations.   Cal.  156/635;  158/185.  App.  13/58;  19/576. 


19  CODE  OP  CIVIL  PROCEDURE.  §§  426a,  427 

statement  of  facts  in  divorce  complaint. 

§  426a.  In  an  action  for  divorce  the  complaint,  must  set  forth,  for 
the  statistics  required  to  be  collected  by  the  state .  bureau  of  vital 
statistics,  among  other  matters  as  near  as  can  be  ascertained  the  follow- 
ing facts: 

(1)  The  state  or  country  in  which  the  parties  were  married. 

(2)  The   date   of   marriage. 

(3)  The  date  of  separation. 

(4)  The  number  of  years  from  marriage  to  separation. 

(5)  The  number  of  children  of  the  marriage,  if  any,  and  if  none, 
a  statement  of  that  fact. 

(6)  The  ages  of  the  minor  children.  [New  section  approved  Mav  20, 
1913;   Stats.  1913,  p.  232.     In  effect  August  10,   1913.] 

Joinder  of  causes  of  action. 

§  427.  The  plaintiff  may  unite  several  causes  of  action  in  the  same 
complaint,  where  all  arise  out  of — 

1.  Contracts,  express  or  implied; 

2.  Claims  to  recover  specific  real  property,  With  or  without  damages 
for  the  withholding  thereof,  or  for  waste  committed  thereon,  and '  the 
rents  and  profits  of  the  same; 

3.  Claims  to  recover  specific  personal  property,  with  or  without  dam- 
ages for  the  withholding  thereof; 

4.  Claims  against  a  trustee  by  virtue  of  a  contract  or  by  operation  of 
law; 

5.  Injuries  to  character; 

6.  Injuries  to  person; 

7.  Injuries  to  propert}-;  .-   , 

S.  Claims  arising  out  of  the  same  transaction,  or  transactions  con- 
nected with  the  same  subject  of  action,  and  not  included  within  one 
of  the  foregoing  subdivisions  of  this  section. 

The  causes  of  action  so  united  must  all  belong  to  one  only  of  these 
classes,  and  must  affect  all  the  parties  to  the  action,  and  not  require 
different  places  of  trial,  and  must  be  separately  stated;  but  an,  action 
for  malicious  arrest  and  prosecution,  or  either  of  them,  may  be  united 
with  an  action  for  either  an  injury  to  character  or  to  the  person;  pro- 
vided, however,  that  in  any  action  brought  by  the  husband  and  wife  to 
recover  damages  caused  by  any  injury  to  the  wife,  all  consequential 
damages  suffered  or  sustained  by  the  husband  alone,  including  loss  ,of 
the  services  of  his  said  wife,  moneys  expended  and  indebtedness  incurred 
by  reason  of  such  injury  to  his  said  wife,  may  be  alleged  and  recovered 
without  sejjarately  stating  such  cause  of  action  arising  out  of  such"  con- 
sequential damages  suffered  or  sustained  by  the  husband.  [Amendment 
approved  May  22,  1913;  Stats.  1913,  p.  219.  In  effect  August  10,  1913.] 
Citations.  Cal.  164/610.  App.  10/306;  14/788,  789;  18/456;  (subd.  4) 
9/145. 


§§  430-456  CODE  OF  civil  procedure.  20 

§  430. 

Citetions.  Cal.  158/230,  267,  698;  (subd.  4)  164/349.  App.  9/145,  779; 
11/625;  18/492. 

S  432. 

Citations,      Cal.   156/447. 

§  433. 

Citations.      Cal.   158/230,  697;    164/349. 

§  434. 

Citetions.   Cal.  155/181;  158/231,  697,  698;  160/618;  163/448;  164/349, 
685.   App.  8/177,  312;  9/799;  12/86. 

§  437. 

Citetions.      Cal.   159/741,   747.     App.    11/188;    19/211,   426. 

§  438. 

Citations.      Cal.   158/30;    159/741;    160/699;    163/209.      App.    10/77;    19/426. 
Prac.  Act,  §  47    (corresponding  section)  :   Cal.  158/29,  30. 

§  439. 

Citations.     Cal.  160/699. 

§  440. 

Citations.     App.   10/632. 

§  441. 

Citations.     App.  12/402. 

S  442. 

Citetions.      Cal.  158/30;  163/209;  164/153.     App.  8/260;  10/77,  78;  11/260. 

§  443. 

Citations.      Cal.   156/556.     App.  9/183. 

§  448. 

Citetions.      Cal.  156/581;  159/613,  615,  616. 

§  453. 

Citations.      App.   16/474. 

§  454. 

Citations.   Cal.  159/186,  746;  162/724.  App.  12/682;  13/58. 

§  456. 

Citations.      Cal.   156/155,  156,  157;   158/43.     App.  17/306. 


21 


CODE   OF    CIVIL    PROCEDURE. 


§§  457-481 


§  457. 

CitatioDS. 

§  458. 

Citations. 

§  461. 

Citations. 

§  462. 

Citations. 

§  465. 

Citations. 

§  469. 

Citations. 
17/44;  18/145,  207,  620;  19/413,  697. 


Cal.  155/432;  157/221;  158/774.  App.  8/127. 

Cal.  157/198;  160/92. 

Cal.  160/188,  193. 

Cal.  161/70;  164/547.  App.  11/312,  656;  15/118. 

Cal.  156/447.  App.  8/260. 

Cal.  155/210;  163/724.   App.  10/646;  13/654;  14/299;  16/699; 


App.  13/654;  16/699;  19/697. 


App.  9/183. 


Cal.  156/447;  161/653.   App.  11/229;  14/329;  16/259. 


§  470. 
Citations. 

§  471. 

Citations. 

§  472. 

Citations. 

§  473. 

Citations.  Cal.  155/105,  491;  156/509,  576,  577,  579,  580;  157/194,  196, 
492,  705,  706,  707,  708,  709;  158/115,  116,  353,  354,  355,  701;  159/35,  461; 
160/488;  161/125,  534,  535;  162/45,  748,  756,  757,  758;  164/295.  App.  8/4, 
261,  326,  327,  328,  433;  9/169,  170,  171,  190,  191,  754;  10/8,  306  (cited  as 
§427),  475,  476;  11/260,  292;  12/6,  447,  448,  449;  13/61,  62,  63,  221,  223; 
14/369,  720,  726;  15/472,  558,  730,  731;  16/44,  438;  17/224,  225,  266,  603; 
18/116,  204,  269,  465,  491,  519,  593,  613,  614,  727,  728,  723,  730,  731;  19/166. 

S  475. 

Citations.  Cal.  156/37;  160/536,  610;  164/379.  App.  8/224,  707;  9/363; 
11/198,  293,  443;  12/375,  460;  13/207;  15/159,  160,  161,  742. 


§  476. 

Citations. 

§  479. 

Citations. 

§  481. 

Citations. 


Cal.  158/114.   App.  8/486. 


App.  11/559;  18/728. 


App.  11/371,  559,  560. 


§•§  509-527 

CODE 

§  509. 

Citations. 

App. 

19/699. 

§  512. 

Citations. 

App. 

10/727, 

§  514. 

Citations. 

App. 

16/300. 

CODE  OP    CIVIL    PROCEDURE.  22 


Protection  of  plaintiff  in  possession  of  property. 

§  521.  After  the  property  has  been  delivered  to  the  plaintiff  as  in  this 
chapter  provided,  the  court  shall,  by  appropriate  order,  protect  the  plain- 
tiff in  possession  of  said  property  until  the  final  determination  of  the 
action.  [New  section  approved  June  10,  1913;  Stats.  1913.  d.  555.  In 
effect  August  10,  1913.] 

§  525. 

Citations.      Gal.   157/794;  159/455  et  seq. 

§  526. 

Citations.      Cal.   159/519.     App.  9/778;   11/184;   18/667. 

Actions  against  officers. 

§  526a.  An  action  to  obtain  a  judgment,  restraining  and  preventing 
any  illegal  expenditure  of,  waste  of,  or  injury  to,  the  estate,  funds, 
or  other  property  of  a  county,  town,  city  or  city  and  county  of  the 
state,  may  be  maintained  against  any  officer  thereof,  or  any  agent,  or 
other  person,  acting  in  its  behalf,  either  by  a  citizen  resident  therein, 
or  by  a  corporation,  who  is  assessed  for  and  is  liable  to  pay,  or,  within 
one  year  before  the  commencement  of  the  action,  has  paid,  a  tax  therein. 
This  section  does  not  affect  any  right  of  action  in  favor  of  a  county, 
city,  town,  or  city  and  county,  or  any  public  officer;  provided,  that  no 
injunction  shall  be  granted  restraining  the  offering  for  sale,  sale,  or 
issuance  of  any  municipal  bonds  for  public  improvements  or  public 
utilities.  [Amendment  approved  February  27,  1911;  Stats.  1911,  p.  87.] 
Citations.     App.   14/664,    665. 

Injunction.  Notice.  Party  obtaining  order  must  be  ready.  Defendant 
entitled  to  continuance.  Precedence. 
§  527.  An  injunction  may  be  granted  at  any  time  before  judgment 
upon  a  verified  complaint,  or  upon  affidavits  if  the  complaint  in  the 
one  case,  or  the  affidavits  in  the  other,  show  satisfactorily  that  sufficient 
grounds  exist  therefor.  A  copy  of  the  complaint  or  of  the  affidavits, 
upon  which  the  injunction  was  granted,  must,  if  not  previously  served, 
be  served  therewith.  No  preliminary  injunction  shall  be  granted  with- 
out notice  to  the  opposite  party;  nor  shall  any  temporary  restraining 
order  be  granted  without  notice  to  the  opposite  party,  unless  it  shall 
appear  from  facts  shown  by  affidavit  or  by  the  verified  complaint  that 


23  CODE   OF    CIVIL    PROCEDURE.  §  530 

great  or  irreparable  injury  would  result  to  the  applicant  before  the 
matter  can  be  heard  on  notice.  In  case  a  temporary  restraining  order 
shall  be  granted  without  notice,  in  the  contingency  above  specified,  the 
matter  shall  be  made  returnable  on  an  order  requiring  cause  to  be 
shown  why  the  injunction  should  not  be  granted,  on  the  earliest  day 
that  the  iDusiness  of  the  court  will  admit  of,  but  not  later  than  ten 
days  from  the  date  of  such  order.  When  the  matter  first  comes  up  for 
hearing  the  party  who  obtained  the  temporary  restraining  order  must 
be  ready  to  proceed  and  must  have  served  upon  the  opposite  party  at 
least  two  days  prior  to  such  hearing,  a  copy  of  the  complaint  and  of 
all  affidavits  to  be  used  in  such  application  and  a  copy  of  his  points 
and  authorities  in  support  of  such  application;  if  he  be  not  ready,  or 
if  he  shall  fail  to  serve  a  copy  of  his  complaint,  affidavits  and  points  and 
authorities,  as  herein  required,  the  court  shall  dissolve  the  temporary 
restraining  order.  The  defendant,  however,  shall  be  entitled,  as  of 
course,  to  one  continuance  for  a  reasonable  period,  if  he  desires  it,  to 
enable  him  to  meet  the  application  for  the  preliminary  injunction.  The 
defendant  may,  in  response  to  such  order  to  show  cause,  present  afii- 
davits  relating  to  the  granting  of  the  preliminary  injunction,  and  if 
8uch  affidavits  are  served  on  the  applicant  at  least  two  days  prior  to 
the  hearing,  the  applicant  shall  not  be  entitled  to  any  continuance  on 
account  thereof.  On  the  day  upon  which  such  order  is  made  returnable, 
such  hearing  shall  take  precedence  of  all  other  matters  on  the'  calendar 
of  said  day,  except  older  matters  of  the  same  character,  and  matters 
to  which  special  precedence  may  be  given  by  law.  When  the  cause  is 
at  issue  it  shall  be  set  for  trial  at  the  earliest  possible  date  and  shall 
take  precedence  of  all  other  cases,  except  older  matters  of  the  same 
character,  and  matters  to  which  special  precedence  may  be  given  by 
law.  [Amendment  approved  February  15,  1911;  Stats.  1911,  p.  59.] 
Citations.     App.   11/4;   15/758,   759,  762. 

Wlien  injunction  for  use  of  water  may  be  refused  upon  defendant  giving 
bond. 
§  530.  In  all  actions  which  may  be  hereafter  brought  when  an  in- 
junction or  restraining  order  may  be  applied  for  to  prevent  the  diversion, 
diminution  or  increase  of  the  flow  of  water  in  its  natural  channels, 
to  the  ordinary  flow  of  which  the  plaintiff  claims  to  be  entitled,  the 
court  shall  first  require  due  notice  of  the  application  to  be  served  upon 
the  defendant,  unless  it  shall  appear  from  the  verified  complaint  or 
affidavits  upon  which  the  application  therefor  is  made,  that,  w^itliin  ton 
days  prior  to  the  time  of  such  application,  the  plaintiff'  has  been  in 
the  peaceable  possession  of  the  flow  of  such  water,  and  that,  within 
Buch  time,  said  plaintiff  has  been  deprived  of  the  flow  thereof  b}'  the 
wrongful  diversion  of  such  flow  by  the  defendant,  or  that  the  plaintitf, 
at  the  time  of  such  application,  is,  and  for  ten  days  ju-ior  thereto,  has 
been,  in  possession  of  the  flow  of  said  water,  and  that  the  deifendant 
threatens  to  divert  the-  flow  of  such   water;   and  if  such  notice  of  such 


§§  532-556 


CODE   OF    CIVIL   PROCEDURE. 


24 


application  be  given  and  upon  the  hearing  thereof,  it  be  made  to 
appear  to  the  court  that  plaintiff  is  entitled  to  the  injunction,  but  that 
the  issuance  thereof  pending  the  litigation  will  entail  great  damage 
upon  defendant,  and  that  plaintiff  will  not  be  greatly  damaged  by  the 
acts  complained  of  pending  the  litigation,  and  can  be  fully  compensated 
for  such  damage  as  he  may  suffer,  the  court  may  refuse  the  injunction 
upon  the  defendant  giving  a  bond  such  as  is  provided  for  in  section 
532;  and  upon  the  trial  the  same  proceedings  shall  be  had,  and  with  the 
same  effect  as  in  said  section  provided.  [Amendment  approved  May  1, 
1911;  Stats.   1911,  p.  1421.] 


§  532. 
Citations. 


App.  10/169. 


§  537. 

Citations.      Cal.   155/212;    157/439;    (subd.   1)    157/439,   440.     App.   10/699; 
12/191. 

§  538. 

Citations.   Cal.  157/438,  439.  App.  12/501,  696;  13/460;  15/447;  19/347. 

§  539. 

Citations.      Cal.    157/240.      App.   11/308;   13/398;   19/498. 

§  540. 

Citations.      Cal.    157/438,   441.      App.   11/671,    672,   673,   697,   699;    16/285. 

§  541. 

Citations.      Cal.   157/576. 

§  542. 

Citations.      Cal.   164/627;    (subd.  4)    157/576.     App.    (subd.  5)    10/159. 

§  544. 

Citations.      Cal.   155/211.      App.   12/280,   284. 

§  552. 

Citations.      Cal.   162/294.      App.   11/671. 

§  554. 

Citations.      Cal.   162/294.     App.   11/672,  699. 

§  555. 

Citations.      Cal.    162/294.     App.   11/671,   672,  699. 

§  556. 

Citations.      Cal.   157/441.     App.   13/460. 


25 


CODE   OF    CIVIL   PROCEDURE. 


§§  558-579 


§  558. 

Citations. 


Cal.    157/441.      App.    13/460,   463. 


§  564. 

CiUtions.  Cal.  (subd.  2)  164/60.  App.  12/344;  (subd.  6)  12/343. 

§  565, 

Citations.     App.  8/713. 

§  566. 

Citations.      Cal.   164/60,   64,   65.     App.   13/371,  372;   15/47,  48;   19/766. 

§  568. 

Citation!.     App.  18/739. 

Disposition  of  unclaimed  funds  in  hands  of  receiver. 

§  570.  A  receiver  having  any  funds  in  his  hands  belonging  to  a  person 
whose  whereabouts  are  unknown  to  him,  shall,  before  receiving  his  dis- 
charge as  such  receiver,  publish  a  notice,  in  one  or  more  newspapers 
published  in  the  county,  at  least  once  a  week  for  four  consecutive  weeks, 
setting  forth  the  name  of  the  owner  of  any  unclaimed  funds,  the  last 
known  place  of  residence  or  postoflBce  address  of  such  owner  and  the 
amount  of  such  unclaimed  funds.  Any  funds  remaining  in  his  hands 
unclaimed  for  thirty  days  after  the  date  of  the  last  publication  of  such 
notice,  shall  be  reported  to  the  court  and,  upon  order  of  the  court,  all 
such  funds  must  be  paid  into  the  state  treasury  accompanied  with  a 
copy  of  the  order,  which  must  set  forth  the  facts  required  in  the  notice 
herein  provided.  All  funds  so  paid  into  the  state  treasury  must  be 
received,  invested,  accounted  for  and  paid  out,  in  the  same  manner  and 
by  the  same  officers  as  is  provided  by  law  in  the  case  of  escheated 
estates,  and  in  section  1272  of  this  code.  [New  section  approved  April 
25,  1913;  Stats.  1913,  p.  92.     In  effect  August  10,  1913.] 


§  572. 

Citations. 

App.   17/761. 

§  573. 

Citations. 

App.   17/761. 

I 


§  577. 

Citations.      Cal.   162/292.      App.   8/20,   224. 

§  578. 

CiUtions.      Cal.   156/448;    160/248,   605.      App.    19/792. 

§  579. 

Citations.   Cal.  156/447,  448,  159/106;  160/248,  605.   App.  19/792. 


iS  580-594 


CODE   OF    CIVIL    PROCEDURE. 


26 


§  580.  ■ 

Citations.      Cal.   158/4S0.     App.   8/707,   771;    9/366;    13/32;    15/742. 

§  581. 

Citations.  Cal.  156/260,  656;  160/467;  163/703,  704;  164/290,  611;  (subd. 
1)  162/32;  (subd.  5)  163/703;  (siibd.  7)  163/656.  App.  9/167,  168,  169, 
170,  171;  15/363,  532;  16/510;  (subd.  1)  17/694;  (subd.  2)  15/362;  (subd.  5) 
16/509. 


§  581a. 

Citations. 


Cal.  163/657.   App.  11/160;  17/161,  162;  19/796. 


Dismissal  of  actions  after  transfer.  •     ,,,,t   -, 

§  581b.  No  action  heretofore  or  hereafter  commenced,  where  the 
same  was  not  originally  commenced  in  the  proper  county,  shall  be  fur- 
ther prosecuted,  and  no  further  proceedings  shall  be  had  therein,  and 
all  such  actions  heretofore  or  hereafter  commenced  must  be  dismissed 
by  the  court  to  which  the  same  shall  have  been  transferred,  on  its  own 
motion,  or  on  the  motion  of  any  party  interested  therein,  whether  named 
in  the  complaint  as  a  party  or  not,  where  the  costs  and  fees  of  trans- 
mission of  the  pleadings  and  papers  therein  to  the  clerk  or  justice  of 
the  court  to  which  it  is  transferred,  or  of  filing  the  papers  anew,  have 
not  been  paid  by  the  plaintiff  for  one  year  after  the  time  when  such 
pleadings  or  papers  shall  have  arrived  in  the  custody  of  such  clerk  or 
justice.  The  clerk  of  such  court,  or  such  justice  shall,  where  such  court 
or  justice  desires  to  dismiss  an  action  under  the  provisions  of  this  section, 
file  anew  such  transferred  pleadings  and  papers  without  fee.  [New 
section  approved  May  24,  1913;  Stats.  1913,  p.  214.  In  effect  August  10, 
1913.] 


§  583. 

Citations. 


Cal.   156/719;   162/107;   164/612.     App.   11/160. 


§  585. 

Citations.      Cal.   156/447.     App.   12/4. 

§  588. 

Citations.     App.  17/602. 

§  590. 

Citations.      App.   17/602. 

§  592. 

Citations.     Cal.   159/126. 

§  594. 

Citations.      Cal.   159/782,  783;  163/341. 


27,  CODE  OF    CIVIL   PROCEDURE;  §§  595-602 

Motion  to  postpone  a  trial.    Involving  title  to  mining  claim. 

§  595.  A  motion  to  postpone  a  trial  on  the  ground  of  the  absence  of, 
evidence  can  only  be  made  upon  afiidavit  showing  the  materiality  of 
the  evidence  expected  to  be  obtained,  and  that  due  diligence  has  been 
used  to  procure  it.  A  trial  shall  be  postponed  when  it  appears  to  the 
court  that  the  attorney  of  record,  party,  or  principal  witness  is  actually 
engaged  in  attendance  upon  a  session  of  the  legislature  of  this  state 
as  a  member  thereof.  The  court  may  require  the  moving  party,  wheje 
application  is  made  on  account  of  the  absence  of  a  material  witness,  to 
state  upon  affidavit  the  evidence  which  he  expects  to  obtain;  and  if  the 
adverse  party  thereupon  admits  that  such  evidence  would  be  given,  and 
that  it  be  considered  as  actually  given  on  tbe  trial,  or  offered  and 
overruled  as  improper,  the  trial  must  not  be  postponed.  In  actions 
involving  the  title  to  mining  claims,  or  involving  trespass  for  damage 
upon  mining  claims,  if  it  be  made  to  appear  to  the  satisfaction  of  the 
court  that,  in  order  that  justice  may  be  done  and  the  action  fairly  tried 
on  its  merits,  it  is  necessary  that  further  developments  should  be  macje, 
underground  or  upon  the  surface  of  the  mining  claims  involved,  in  said 
action,  the  court  shall  grant  the  postponement  of  the  trial  of  the  action, 
giving  the  party  a  reasonable  time  in  which  to  prepare  for  trial  a^d 
to  do  said  development  work.  [Amendment  approved  May  1,  1911; 
Stats.  1911,  p.  1448.] 

Challenge  of  jurors  for  cause. 

§  602.  Challenges  for  cause  may  be  taken  on  one  or  more  of  the 
following   grounds: 

1.  A  want  of  any  of  the  qualifications  prescribed  by  this  code  to  ren- 
der a  person  competent  as  a  juror; 

2.  Consanguinity  or  affinity  within  the  fourth  degree  to  any  party, 
/Or  to  an  officer  of  a  corporation,  which  is  a  party; 

3.  Standing  in  the  relation  of  guardian  and  ward,  master  and  servant, 
employer  and  clerk,  or  principal  and  agent,  or  debtor  and  creditor,  to 
either  party,  or  to  an  ofl^cer  of  a  corporation  which  is  a  party,  or  being 
a  member  of  the  family  of  either  party;  or  a  partner  in  business  with 
either  party;  or  surety  on  any  bond  or  obligation  for  either  party,  or- 
being  the  holder  of  bonds  or  shares  of  the  capital  stock  of  a  corporation 
which  is  a  party. 

4.  Having  served  as  a  juror  in  a  civil  action  or  been  a  witness  on  a 
previous  trial  between  the  same  parties,  for  the  same  cause  of  action; 
or  having  served  as  a  juror  within  one  year  previously  in'  any  civil 
action  or  proceeding  in  which  either  party  was  plaintiff  or  defendant. 

5.  Interest  on  the  part  of  the  juror  in  the  event  of  the  action,  or  in 
the  main  question  involved  in  the  action,  except  his  interest  as  a  mem- 
ber or  citizen  or  taxpayer  of  a  county,  city  and  county,  incorporated 
city  or  town,  or  other  political  subdivision  of  a  county,  or  municipal 
water   district. 

6.  Having  an  unqualified  opinion  or  belief  as  to  the  merits  of  the 
action  founded  upon  knowledge  of  its  material  facts  or  of  some  of  them. 


604-634 


CODE   OP    CIVIL    PROCEDURE. 


28 


7.  The  existence  of  a  state  of  mind  in  the  juror  evincing  enmity 
against  or  bias  to  either  party. 

8.  That  he  is  a  party  to  an  action  pending  in  the  court  for  which 
he  is  drawn  and  which  action  is  set  for  trial  before  the  panel  of 
which  he  is  a  member.  [Amendment  approved  May  19,  1913;  Stats. 
1913,  p.   510.     In   effect  August   10,   1913.] 


§  604. 
Citations. 

§  610. 

Citations. 

§  611. 

Citations. 

§  612. 

Citations. 

§  619. 

Citations. 

§  624. 

Citations. 

§  625. 

Citations. 
12/214,  221,   222,   532;    15/55;   16/465,   467;   19/45,  57. 

§   628. 

Citations.     App.   15/745. 

§  631. 

Citations.  Cal.  164/177;  (subd.  3)  164/178. 

§  632. 

Citations. 


App.  13/661. 


App.  14/439;  17/151. 


Cal.  158/367, 


Cal.  159/655,  656. 


App.  19/663. 


App.  15/56;  16/465,  468. 


Cal.  156/696,  159/52.  App.  8/228,  229;  9/444,  731;  10/323; 


§  633. 

Citations. 

§  633a. 

Citations. 


Cal.  157/430.  App.  16/99,  153;  18/606;  19/207. 
Cal.  157/430.  App.  9/330;  16/99,  153;  19/207. 
App.  11/39. 


Waiving  findings  of  fact. 

§  634.     Findings  of  fact  may  be  waived  by  several  parties  to  an  issue 
of  fact: 

1.  By  failing  to  appear  at  the  trial; 


29  CODE  OP   CIVIL  PROCEDURE.  §§  638-649 

2.  By  consent  in  writing  filed  with  the  clerk; 

3.  By  oral  consent  in  open  court,  entered  in  the  minutes. 

In  all  cases  where  the  court  directs  a  party  to  prepare  findings,  a  copy 
of  said  proposed  findings  shall  be  served  upon  all  the  parties  to  the 
action  at  least  five  days  before  findings  shall  be  signed  by  the  court, 
and  the  court  shall  not  sign  any  findings  therein  prior  to  the  expiration 
of  such  five  days.  [Amendment  approved  April  22,  1913;  Stats.  1913,  p, 
58.  In  effect  August  10,  1913.] 
Citations.     App.  16/290. 

§  638. 

Citations.     Cal.   162/129. 

Referees  in  eminent  domain  proceedings  involving  city,  etc. 

§  640.  A  reference  may  be  ordered  to  the  person  or  persons,  not 
exceeding  three,  agreed  upon  by  the  parties.  If  the  parties  do  not 
agree,  the  court  or  judge  must  appoint  one  or  more  referees,  not  exceed- 
ing three,  who  reside  in  the  county  in  which  the  action  or  proceeding 
is  triable,  and  against  whom  there  is  no  legal  objection,  or  the  reference 
may  be  made  to  a  court  commissioner  of  the  county  where  the  cause  is 
pending;  provided,  that  in  any  action  brought  under  title  7  of  part  3 
of  this  code,  if  the  plaintiff  is  the  state,  a  county,  city  and  county,  or 
any  incorporated  city  or  town,  or  a  municipal  water  district,  the  referees 
are  not  required  to  be  residents  of  the  county  in  which  the  action  or 
proceeding  is  triable.  Nothing  herein  contained  shall  be  construed  as 
repealing  any  law  of  this  state  giving  jurisdiction  to  the  state  railroad 
commission  to  ascertain  the  just  compensation  which  must  be  paid  in 
eminent  domain  proceedings.  [Amendment  approved  May  22,  1913; 
Stats.  1913,  p.  246.     In  effect  August  10,  1913.] 

S  646. 

Citations.      App.   17/603. 

§  647. 

CiUtions.  Cal.  160/671.  App.  8/32;  11/598;  12/777;  16/509,  510. 

§  648. 

Citations.  Cal.  163/153.  App.  9/118;  15/665;  16/710;  19/98. 

Bill  of  exceptions,  when  to  be  presented,  etc. 

§  649.  A  bill  containing  the  exception  to  any  decision  may  be  pre- 
sented to  the  court  or  judge,  for  settlement  at  any  time  after  the 
decision  is  made,  but  the  same  must  be  presented  within  ten  days  after 
written  notice  of  making  such  decision,  and  after  having  been  settled 
must  be  signed  by  the  judge  and  filed  with  the  clerk.  When  the  de- 
cision excepted  to  is  made  by  a  tribunal  other  than  a  court,  or  by  a 
judicial  officer,  the  bill  of  exceptions  must  be  presented  to  and  settled 


§  650  CODE   OF    CIVIL   PEOCEDURE.  30 

and  signed  bv  such  tribunal  or  officer.     [Amendment  approved  March  20, 
1911;   Stats.  ^1911,  p.  402.] 

Bill  of  exceptions. 

§  650.  When  a  party  desires  to  have  exceptions  taken  at  a  trial  set- 
tled in  a  bill  of  exceptions,  he  may,  at  any  time  thereafter,  and  within 
ten  days  after  the  entry  of  judgment,  if  the  action  was  tried  with  a 
jurj',  or  after  receiving  notice  of  the  entry  of  judgment,  if  the  action 
was  tried  without  a  jury,  or  such  further  time  as  the  court  in  which 
the  action  is  pending,  or  a  judge  thereof,  may  allow,  prepare  the  draft 
of  a  bill,  and  serve  the  same,  or  a  copy  thereof,  upon  the  adverse  party. 
Such  draft  must  contain  all  the  exceptions  and  proceedings  taken  upon 
which  the  party  relies.  It  may  also  contain  a  statement  of  any  matters 
occurring  upon  the  trial,  in  the  presence  of  the  court,  showing  any 
of  the  matters  mentioned  in  subdivisions  1  and  2  of  section  657  of  this 
code.  Within  ten  days  after  such  service  the  adverse  party  may  pro- 
pose amendments  theretOj  and  serve  the  same,  or  a  copy  thereof,  upon 
the  other  party.  The  proposed  bill  and  amendments  must,  within  ten 
days  thereafter  be  presented  by  the  party  seeking  the  settlement  of  the 
bill,  to  the  judge  who  tried  or  heard  the  case,  upon  five  days'  notice 
to  the  adverse  party,  or  be  delivered  to  the  clerk  of  the  court  for  the 
judge.  When  received  by  the  clerk  he  must  immediately  deliver  them 
to  the  judge,  if  he  is  in  the  county;  if  he  is  absent  from  the  county, 
and  either  party  desires  the  paper  to  be  forwarded  to  the  judge,  the 
clerk  must,  upon  notice  in  writing  of  such  party,  immediately  forward 
them  by  mail,  or  other  safe  channel;  if  not  thus  forwarded  the  clerk 
must  deliver  them  to  the  judge  immediately  after  his  return  to  the 
county.  When  received  from  the  clerk,  the  judge  must  designate  the 
time  at  which  he  will  settle  the  bill,  and  the  clerk  must  immediately 
notify  the  parties  of  such  designation.  At  the  time  designated  the 
judge  'must  settle  the  bill.  The  bill  must  thereupon  be  engrossed  a'nd 
presented  to  the  judge  to  be  certified,  by  the  party  presenting  it,  within 
ten  days.  If  the  action  was  tried  before  a  referee,  the  proposed  bill, 
with  the  amendments,  if  any,  must  be  presented  to  such  referee  for 
settlement  within  ten  days  after  service  of  the  amendments,  upon  notice 
of  five  days  to  the  ad'erse  party,  and  thereupon  the  referee  must  settle 
the  bill.  If  no  amendments  are  served  or  if  served  are  allowed,  the 
proposed  bill  may  be  presented  with  the  amendments,  if  any,  to  the 
judge   or  referee   for  settlement   without   notice   to   the   adverse   party. 

It  is  the  duty  of  the  judge  or  referee,  in  settling  the  bill,  to  strike 
out  of- it  all  redundant  and  useless  matter  so  that  the  exceptions  and 
proceedings  may  be  presented  as  briefly  as  possible.  When  settled,  the 
bill  must  be  signed  by  the  judge  or  referee,  with  his  certificate  to  the, 
effect  that  the  same  is  allowed,  and  must  then  be  filed  with  the  clerk 

No  bill  of  exceptions,  statement  on  motion  for  a  new  trial,  notice 
of  appeal,  or  notice  or  paper,  other  than  amendments  to  the  pleadings 
or  an  amended  pleading,  need  be  served  upon  any  party  whose  default 


31 


CODE    OF    CIVIL    PROCEDURE. 


§§  651-664 


has  been  duly  entered,  or  who  has  not  appeared   in   the   action   or  pro- 
ceeding.    [Amendment   approved   March   20,   1911;    Stats.   1911,   p.   400.] 
Citations.      Cal.  155/55,  56;   159/543,  629;   162/428.      App.   10/211,  767,  768; 
11/636;   13/479;   16/633;   17/224,  394,  555,  801. 


§  651. 

Citations. 


App.    8/358. 


§  652. 

Citations.      App.   11/336. 


App.   11/336. 


Cal.  155/105;  162/410.   App.  16/447;  17/602;  18/378. 


§  653. 

Citations. 

§  656. 

Citations. 

§  657. 

Citations.  Cal.  155/533;  156/685;  160/252;  162/410,  412;  163/437;  (subd. 
2)  156/397;  (subd.  4)  164/428.  App.  10/709;  14/726;  16/448;  18/37S; 
(subd.  1)  11/257:  (subd.  3)  11/257;  (subd.  4)  10/636;  (subd.  5)  11/144; 
13/87;  (subd.  6)  11/41. 


§  658. 

Citations. 


Cal.    160/252,   253.      App.    16/451. 


§  659. 

Citations.  Cal.  155/362:  158/114,  352,  353,  354,  355;  162/756;  163/153; 
(subd.  2)  163/153;  (subd.  3)  155/54,  55,  56;  159/296;  (subd.  4)  157/594; 
158/71;  163/153.  App.  10/765,  766,  767,  769;  13/692;  15/665;  16/328; 
17/554,  555;  (subd.  3)  17/157;  (subd.  4)  19/340. 


Cal.  155/615;  158/71;  162/7;  163/429.   App.  8/293;  9/761; 


§  661. 

Citations. 
16/451. 

§  663. 

CiUtions.  Cal.  155/324,  603;  157/326,  327;  159/273,  600;  160/750;  163/ 
103.  App.  8/573,  690;  10/479,  767;  11/39,  40,  273,  274;  13/430;  14/735; 
19/86,  233. 


§  663a  (formerly  §  6631/2). 

Citations.   Cal.  155/324,  603;  159/273.   App.  8/573,  690;  10/767 
274;  13/430;  19/86,  233. 


11/39, 


§  664. 
Citations. 


Cal.  159/518;  161/331.   App.  15/360,  745;  16/153. 


§§  667-690 


CODE   OF    CIVIL   PROCEDURE, 


32 


§  667. 

Citations. 

17/688. 

§  668. 

Citations. 


Cal.     155/416;     161/331.     App.     9/704;     10/726,     728;     16/129; 


Cal.  158/245. 


§  670. 

Citations.  Cal.  155/341,  158/245;  161/126,  132;  162/7;  (subd.  1)  159/35; 
161/126;  (subd.  2)  159/52.  App.  11/637;  13/31;  16/290,  780;  17/395,  601; 
18/377,  378;  (subd.  1)  17/603;  (subd.  2)  16/260. 


§  671. 
Citations. 

§  672. 

Citations. 


Cal.  158/245;  160/285.   App.  11/64,  731;  14/362,  532. 


Cal.  158/245.   App.  8/694. 


§  674. 

Citations.      Cal.   160/285. 

§  675. 

Citations.     Cal.   163/12. 


§  681. 

Citations. 


Cal.    155/212;    159/518. 


Stay  of  execution. 

§  681a.  The  court  or  the  judge  thereof  shall  not  have  the  power, 
without  the  consent  of  the  adverse  party,  to  stay,  for  a  longer  period 
than  thirty  days,  the  execution  of  any  judgment  or  order  the  execution 
whereof  would  be  sta3-ed  on  appeal  only  by  the  execution  of  a  stay 
bond.     [New   section   approved   March   20,   1911;   Stats.   1911,  p.  400.] 


§  68S. 

Citations. 

Cal.   155/212. 

§  684. 

Citations. 

App.   8/225. 

§  685. 

Citations. 

Cal.  157/411;  159/701 

§  688. 

CiUtions.      Cal.   155/211,  212.  . 

§  690. 

Citations.  Cal.  (subd.  10)  158/447,  449,  450.  App.  15/498;  (subds.  1,  2,  3, 
6)  12/751;  (subd.  10)  12/751;  15/498,  499;  (subd.  20)  14/85. 


33  CODE   OF    CIVIL    PROCEDURE.  §§  694^721 

§  694. 

Citations.     Oal.  161/289. 

§  699. 

Citations.      Cal.   157/576;    164/672. 

§  700. 

Citations.      Cal.   161/18.     App.   15/722,  723, 

§  701. 

Citations.     App.   17/495. 

§  702. 

Citations.     App.   17/494,  496. 

§  703. 

Citations.     App.   17/494. 

§  709. 

Citations.      Cal.   159/540;   162/137,   138,   140. 

§  710. 

Citations.      Cal.   158/447,   449,   452.      App.   8/47,   49,    661;    15/497. 

§  714. 

Citations.     App.   10/158. 

§  715. 

Citations.     App.   10/158. 

§  716. 

Citations.      Cal.  163/11,   15.     App.   10/158. 

§  717. 

Citations.      Cal.   155/211.     App.   10/158. 

§  718. 

Citations.      Cal.   155/211.      App.   10/158. 

§  719. 

Citations.      Cal.  155/211.      App.   10/158;   12/279,   284. 

§  720. 

Citations.      Cal.   155/209,   211.     App.   10/158;    12/279,   284. 

§  721. 

Citations.     App.   10/158. 
3 


§§  726-763 


CODE   OF    CIVIL    PROCEDURE. 


34 


§  726. 

CiUtions.   Cal.  155/196,  198,  199;  157/199;  161/289;  162/184;  163/14, 
29,  30;  164/686.   App.  12/104;  15/351. 

§  729. 

Citations.      Cal.   155/196,   198,   199. 

§  731. 

Citations.      Cal.   161/245.      App.   9/778,   782. 

§  735. 

Citations.     App.   17/270,   271. 

§  738. 

Citations.  Cal.  155/255,  636,  687,  733;  157/376,  377,  378.  384;  159/126; 
161/517,  521;  162/51,  370,  371.  375,  383,  384,  516.  App.  8/159;  9/215,  i73 ; 
12/451;  13/252;  14/66;  15/243;  16/248. 

§  749. 

Citations.      App.   13/253, 

§  750. 

Citations.     App.   13/253. 

§  751. 

Citations.     App.   13/253. 

§  752. 

Citations.  Cal.'  155/191;  163/767.  App.  10/306,  307,  395;  12/353. 

§  758. 

Citations.     App.   8/240. 


§  759. 

Citations. 

§  760. 

Citations. 


App.   10/307,   395,   396. 


Cal.    157/648. 


Partition  of  real  property.  Referees.  In  incorporated  city.  Action  ol 
court.  Sale.  Deed.  In  case  of  death  of  party.  Attorney's  fees. 
§  763.  If  it  appears  by  the  evidence,  whether  alleged  in  the  com- 
plaint or  not,  that  the  property  or  any  part  of  it  is  so  situated  that 
partition  cannot  be  made  without  great  prejudice  to  the  owners,  the 
court  may  order  the  sale  thereof;  otherwise,  upon  the  requisite  proofs 
being  made,  it  must  order  a  partition  according  to  the  respective  rights, 
of  the  parties  as  ascertained  by  the  court,  and  appoint  three  referees 
therefor,   and   must   designate   the   portion   to   remain   undivided   for   the 


35  CODE   OF    CIVIL    PROCEDURE.  §  763 

owners  whose  interests  remain  unknown,  or  are  not  ascertained;  or  the 
court,  with  the  consent  of  the  parties,  may  appoint  one  referee  instead 
of  three,  and  he  when  appointed,  has  all  the  powers  and  may  perform  all 
the  duties  required  of  three  referees;  and  the  court  must  appoint  as 
referee  any  person  or  persons  to  whose  appointment  all  the  parties  have 
consented,  and  no  person  shall  be  appointed  as  referee  who  is  disqualified 
from  acting  as  an  appraiser  under  the  provisions  of  section  1444  of  the 
Code  of  Civil  Procedure.  When  the  site  of  an  incorporated  city  or  town 
is  included  within  the  exterior  boundaries  of  the  property  to  be  parti- 
tioned, the  court  must  direct  the  referees  to  survey  and  appraise  the  entire 
property  to  be  partitioned  by  actual  lots  and  subdivisions  then  existing 
in  the  actual  possession  of  the  several  tenants  in  common,  exclusive  of 
the  value  of  improvements  thereon,  first  setting  apart  necessary  portions 
of  the  property  for  ways,  roads  and  streets,  as  in  section  764  provided, 
and  to  report  such  survey  and  separate  appraisement  on  each  lot  and 
subdivision  to  the  court.  The  court  may  confirm,  change,  modify,  or  set 
aside  the  report  in  whole  or  in  part,  and  if  necessary  appoint  new 
referees.  When,  after  the  final  confirmation  of  the  report  of  such  sur- 
vey and  appraisement,  it  appears  by  evidence  to  the  satisfaction  of  the 
court  that  an  equitable  partition  of  the  whole  property  is  impracticable, 
and  a  sale  of  the  site  of  such  city  or  town,  or  any  portion  thereof,  will 
be  for  the  best  interests  of  the  owners  of  the  whole  property,  it  must 
order  a  sale  thereof;  provided,  that  within  sixty  days  thereafter  any 
tenant  in  common  or  tenants  in  common,  having  improvements  erected 
on  any  town  or  city  lot  or  subdivision  included  in  such  order  of  sale, 
shall  have  the  prior  right  to  purchase  the  same  at  such  appraised  valu- 
ation, and  may  pay  into  court  the  amount  so  appraised  as  the  value 
thereof,  and  upon  such  payment  the  title  shall  vest  in  such  purchaser 
or  purchasers,  and  the  court  shall  cause  to  be  executed  by  such  referees 
a  deed  for  such  lot  or  subdivision  in  fee  and  in  severalty  to  such  pur- 
chaser or  purchasers;  such  further  proceedings  shall  then  be  had  as  to 
the  remainder  of  the,  property,  and  the  money  so  paid  to  the  court,  as 
by  this  chapter  provided.  If,  during  the  pendency  of  this  action,  any  of 
the  parties  die,  or  become  insane,  or  otherwise  incompetent,  the  proceed- 
ings shall  not  for  that  cause  be  delayed  or  suspended,  but  the  attorney 
who  has  appeared  for  such  party  may  continue  to  represent  such  interest; 
and  in  case  any  such  party  has  not  appeared  by  an  attorney,  the  court 
must  appoint  an  attorney  to  represent  the  interest  which  was  held  by 
such  party,  until  his  heirs  or  legal  representatives,  or  successors  in 
interest,  shall  have  appeared  in  the  action;  and  an  attorney  so  appointed 
must  be  allowed  by  the  court  a  reasonable  compensation  for  his  services, 
which  may  be  taxed  as  costs  against  the  share  or  interest  represented 
by  such  attorney,  and  may  be  adjudged  a  lien  thereon  in  the  discretion 
of  the  court.  [Amendment  approved  May  20,  1913;  Stats.  1913,  p.  235. 
In  effect  August  10,  1913.] 


§§  766-774  CODE  of  civil  procedure.  36 

Court  may  confirm,  etc.,  report.     Judgment  binding  on  whom. 

§  766.  The  court  may  confii-m,  change,  modify,  or  set  aside  the  re- 
port, and  if  necessary,  appoint  new  referees.  Upon  the  report  being 
confirmed,  judgment  must  be  rendered  that  such  partition  be  effectual 
forever,  which  judgment  is  binding  and  conclusive: 

1.  On  all  persons  named  as  parties  to  the  action,  and  their  legal  rep- 
resentatives, who  have  at  the  time  any  interest  in  the  property  divided, 
or  any  part  thereof,  as  owners  in  fee  or  as  tenants  for  life  or  for  years, 
or  as  entitled  to  the  reversion,  remainder,  or  the  inheritance  of  such 
property,  or  any  part  thereof,  after  the  determination  of  a  particular 
estate  therein,  and  who  by  any  contingency  may  be  entitled  to  a  bene- 
ficial interest  in  the  property,  or  who  have  an  interest  in  any  undivided 
share  thereof,  as  tenants  for  years  or  for  life; 

2.  On  all  persons  not  in  being  at  the  time  said  judgment  is  entered, 
who  have  any  interest  in  tie  property  divided,  or  any  j)art  thereof,  as 
entitled  to  the  reversion,  remainder  or  the  inheritance  of  such  property, 
or  any  part  thereof,  after  the  determination  of  a  particular  estate 
therein,  and  who  by  any  contingency  may  be  entitled  to  a  beneficial 
interest  in  the  property;  provided,  that  in  case  sale  has  been  made  under 
the  provisions  of  this  chapter  the  judgment  shall  provide  for  keeping 
intact  the  share  of  the  proceeds  of  said  sale,  to  which  said  party  or 
parties  not  in  being  at  the  time  are  or  may  be  entitled  until  such  time 
as  such  party  or  parties  may  take  possession  thereof; 

3.  On  all  persons  interested  in  the  property,  who  may  be  unknown, 
to  whom  notice  has  been  given  of  the  action  for  partition  by  publication; 

4.  On  all  other  persons  claiming  from  such  parties  or  persons,  or 
either  of  them. 

And  no  judgment  is  invalidated  by  reason  of  the  death  of  any  party 
before  final  judgment  or  decree;  but  such  judgment  or  decree  is  as  con- 
clusive against  the  heirs,  legal  representatives,  or  assigns  of  such  de- 
cedent, as  if  it  had  been  entered  before  his  death.  If  during  the  pend- 
ency of  the  action,  and  before  final  judgment  therein,  any  of  the 
cotenants  has  conveyed  to  another  person  his  interest,  or  any  part  of  his 
interest,  such  conveyance,  whatever  its  form,  shall  be  deemed  to  have 
passed  to  the  grantee  any  lands  which,  after  its  execution,  may  have  been 
set  aside  to  the  grantor  in  severalty,  or  such  proportionate  interest  in 
such  lands  as  the  interest  so  conveyed  bears  to  the  whole  interest  of 
the  grantor.     [Amendment  approved  March  15,  1911;  Stats.  1911,  p.  366.] 


§  768. 

Citations. 

Cal.    157/648. 

§  773. 

Citations. 

Gal.    164/670, 

§  774. 

Citations. 

Cal.    164/675. 

37  CODE   OF    CIVIL   PROCEDURE.  §§  785-832 

§  785. 

Citations.      Cal.   164/674. 

§  796. 

Citations.      Cal.   155/577;   157/648. 

§  797. 

Citations.      Cal.   157/647. 

§  803. 

Citations.      Cal.   155/375;    160/689.     App.   13/38S. 

§  810, 

Citations.      Cal.  160/689. 

§  813. 

Citations.      Cal.   157/438,  439;   159/744,  745,   746;    (subd.  13)    159/745,  746. 

§  814. 

Citations.      Cal.   157/439. 

§  815. 

Citations.      Cal.   157/439. 

§  816. 

Citations.      Cal.   157/439. 

§  817. 

Citations.      Cal.   157/439,   440;    159/744   et   seq, 

§  818. 

Citations.      Cal.   157/440. 

§  819. 

CiUtions.      Cal.   157/439,   441;    159/744. 

§  820. 

Citations.      Cal.   157/440. 

§  822. 

Citations.      Cal.   157/440. 

§  823. 

Citations.      Cal.    157/441. 

S  832. 

Citations.     Cal.    (subd.  7)    156/83. 


i§  833-850  CODE  OP  civil  procedure.  38 


§  833. 

Citations. 

App.   13/455. 

§  838. 

Cltatious. 

Cal.    159/31,    32;    163/242. 

§  848. 

Citations. 

Cal.   156/83.      App.    11/215 

App.   9/64;    12/62. 


Notice  of  hearing,    rorm.     Service.     Service  by  mail.     Docket  entries. 

§  850.  When  all  the  parties  served  with  process  shall  have  appeared, 
or  some  of  them  have  appeared,  and  the  remaining  defendants  have  made 
default,  the  justice  must  fix  the  day  for  the  trial  of  said  cause,  whether 
the  issue  is  one  of  law  or  fact,  and  give  notice  thereof  to  the  parties 
to  the  action  who  have  appeared,  but  in  ease  any  of  the  parties  are 
represented  by  an  attorney,  then  to  such  attorney.  Such  notice  shall 
be  in  writing,  signed  by  the  justice,  and  substantially  in  the  following 
form   (filling  blanks  according  to  the  facts) : 

In  the  justice  court,  township  (or  city,  or  city  and  county),  county, 

or  city  and  county  of ,  state  of  California. 

plaintiff,  vs.  defendant. 

To  ,  plaintiff,  or  attorney  for  plaintiff,  and  to  defendant, 

or,  attorney  for  defendant. 

You  and  each  of  you  will  please  take  notice  that  the  undersigned 
justice   of  the  peace   before   whom  the   above-entitled  cause  is  pending, 

has  set  for  hearing  the  demurrer  of  ,  filed  in  said  cause   (or  has  set 

the   said  cause  for   trial,   as  the   case  may  be),   before   me   at   my   office 

in  said  township  (or  city,  or  city  and  county),  at  o'clock  M., 

on  the day  of  ,  19 — . 

Dated  this  day  of  19 — . 

(Signed)     , 

Justice   of   the   Peace. 

Said  notice  shall  be  served  by  mail  or  personally.  When  served  by  mail 
the  justice  of  the  peace  shall  deposit  copies  thereof  in  a  sealed  envelope 
in  the  postoffice  at  least  ten  days  before  the  trial  or  hearing  addressed 
to  each  of  the  persons  on  whom  it  is  to  be  served  at  their  place  of 
residence  and  the  postage  prepaid  thereon;  provided,  that  such  notice 
shall  be  served  by  mail  only  when  the  person  on  whom  service  is  to  be 
made,  resides  out  of  the  county  in  which  said  justice's  court  is  situated, 
or  is  absent  therefrom.  When  personally  served  said  notice  shall  be 
served  at  least  five  days  before  the  trial  or  hearing  on  the  persons  on 
whom  it  is  to  be  served  by  any  person  competent  and  qualified  to  serve 
a  summons  in  a  justice's  court,  and  when  personally  served  it  shall  be 
served,  returned  and  filed  in  like  manner  as  a  summons.  When  a  party 
has  appeared  by  attorney  the  notice  may  be  served  in  the  manner  pre- 
scribed   by    subdivision    1    of    section    1011    of    this    code.     The    justice 


39 


CODE   OF    CIVIL    PROCEDURE. 


§§  852-867 


shall  enter  on  his  docket  the  date  of  trial  or  hearing;  and  when  such 
notice  shall  have  been  served  by  mail  the  justice  shall  enter  on  his 
docket  the  date  of  mailing  such  notice,  of  trial  or  hearing  and  snch 
entry  shall  be  prima  facie  evidence  of  the  fact  of  such  service.  The 
parties  are  entitled  to  one  hour  in  which  to  appear  after  the  time  fixed 
ill  said  notice,  but  are  not  bound  to  remain  longer  than  that  time  unless 
both  parties  have  appeared  and  the  justice  being  present  is  engaged 
in  the  trial  of  another  cause.  [Amendment  approved  May  20,  1913; 
Stats.  1913,  p.  234.  In  effect  August  10,  1913.] 
Citations.      App.  18/573,  575. 


§ 

852. 

Citations. 

Cal. 

164/152. 

§ 

855. 

Citations. 

Cal. 

164/152, 

153 

§ 

857. 

Citations. 

App 

10/307. 

§ 

859. 

Citations. 

Cal. 

164/152. 

Ap 

App.  9/169,  170,  171;  19/578,  579,  580. 

§  861. 

Citations.      Cal.    161/633;    162/622;    (subd.   2)    161/633. 

§  862. 

Citations.     Cal.   161/633. 


App.    8/686;    10/007. 


§  863. 

Citations. 

Cal.   161/633 

§  864. 

Citations. 

Cal.   161/633 

§  865. 

Citations. 

Cal.   161/633 

Issue  of  writ  of  attachment. 

§  866,  A  writ  to  attach  the  property  of  the  defendant  must  be  issued 
by  the  justice  at  the  time  of.  or  after  issuing  summons  in  actions  in 
which  the  sum  claimed  exclusive  of  interest  exceeds  ten  dollars,  on 
receiving  an  affidavit  by  or  on  behalf  of  the  plaintiff,  showing  the  same 
facts  as  are  required  to  be  shown  by  the  affidavit  specified  in  section 
538.     [Amendment  approved  March  20,  1911;   Stats.  1911,  p.  399.] 


§  867. 

Citations. 


App.   12/539. 


§§  872-912  CODE   OF    CIVIL    PROCEDURE.  40 

§  872. 

Citations.     App.  19/579. 

§  880. 

Citations.      Cal.   164/153. 

§  890. 

Citations.      Cal.   163/703,    704.     App.   9/167,    168,    169,    170,    171. 

§  891. 

Citations.      Cal.   161/332,   333.     App.   16/129. 

Entry  of  judgment  in  thirty  days. 

§  892.  When  the  trial  is  by  the  court,  judgment  must  Toe  entered 
within  thirty  days  after  the  submission,  and  no  justice  of  the  peace 
who  is  paid  a  salary,  shall  draw  or  receive  any  monthly  salary  unless 
he  shall  make  and  subscribe  an  affidavit  before  an  officer  entitled  to 
administer  oaths,  that  no  cause  in  his  court  remains  pending  and  un- 
decided, that  has  been  submitted  for  decision  for  a  period  of  thirty  days. 
[Amendment  approved  April  23,  1913;  Stats.  1913,  p.  77.  In  effect 
August  10,  1913.] 

Citations.     Cal.  161/333. 

§  893. 

Citations.      Cal.   161/331,   332,   333.     App.   16/129. 

Judgment  no  lien  unless  recorded. 

§  900.  A  judgment  rendered  in  a  justice's  court  creates  no  lien  upon 
any  lands  of  the  defendant,  unless  such  an  abstract  is  filed  in  the  office 
of  the  recorder  of  the  county  in  which  the  lands  are  situated.  When 
so  filed,  and  from  the  time  of  filing,  the  judgment  becomes  a  lien  upon 
all  the  real  property  of  the  judgment  debtor,  not  exempt  from  execution, 
iv  such  county,  owned  by  him  at  the  time,  or  which  he  may  afterward, 
and  before  the  lien  expires,  acquire.  The  lien  continues  for  two  years, 
unless  the  judgment  be   previously  satisfied. 

At  any  time  before  the  expiration  of  two  years  from  the  time  of 
filing  such  abstract  of  judgment,  and  while  the  judgment  is  yet  in  force 
or  unsatisfied,  a  successive  abstract  of  such  judgment  may  be  likewise 
filed,  and  it  shall  have  the  effect  of  continuing  such  lien  for  a  further 
period  of  two  years  from  the  time  of  filing  the  subsequent  abstract  of 
judgment;  provided,  however,  that  no  such  lien  shall  continue  or  be  in 
force  after  five  vears  from  the  time  of  the  rendition  of  such  judgment. 
[Amendment  approved  March  20,   1911;   Stats.   1911,  p.  398.] 

§  911. 

Citations.      Cal.    (subds.  8,  9)   161/331.     App.  17/304. 

§  912. 

Citations.     App.   17/304. 


41  CODE  OF   CIVIL  PROCEDURE.  §§  925-943 


App.  9/169,  170. 


§  925. 

Citations. 

Cal. 

163/703;    164/153. 

§  926. 

Citations. 

App 

8/766. 

§  936. 

Citations. 

Cal. 

158/4, 

§  938. 

Citations. 

Cal. 

164/5.     App.   8/230 

§  939. 

Citations.  Cal.  155/616,  617;  156/91,  92,  137;  157/598;  158/123,  124; 
161/333;  163/430;  164/168,  539;  (subd.  1)  155/693;  (subd.  3)  156/255; 
158/123,  700;  159/486.  App.  8/748,  788;  10/765,  766;  12/203,  205;  14/178, 
649;  15/533,  542;  16/185,  711,  771;  17/383,  384,  457,  462,  555;  19/97,  599; 
(subd.  1)  10/332,  619:  15/674;  16/481;  17/461;  (subd.  3)  8/265;  10/160; 
13/362;  17/457,  462;  19/167.   Prac.  Act,  §336:  Cal.  157/706. 

§  940. 

Citations.  Cal.  156/91,  92,  137;  159/86,  367,  713,  715;  161/297;  162/297, 
299;  163/362.   App.  9/79;  10/765;  11/451;  17/400,  402;  19/599. 

§  941. 

Citations.  Cal.  156/91,  92,  137;  159/713,  715;  161/686,  688.  App.  10/i65, 
765;  11/298;  17/400;  19/599. 

§  941a. 

Citations.  Cal.  156/91,  92,  93,  137,  138:  158/4,  5,  701;  159/367;  161/119, 
296,  297;  163/430.  App.  8/8;  10/765;  11/271,  462;  12/758;  15/533 ;  16/61 ; 
17/383,  386;  19/80. 

§  94113. 

Citations.  Cal.  156/91.  92,  93,  137,  138;  158/4,  5,  6,  7,  115,  123,  124,  262, 
701;  159/367;  161/119,  296,  297,  720;  162/297,  299,  756;  163/430;  164/168. 
App.  8/8;  10/178,  765,  766:  11/403,  462;  12/758;  15/533,  536;  16/19,  42, 
61;  17/282,  383,  386,  403,  462;  19/80,  599. 

§  941c. 

Citations.  Cal.  156/91,  92,  93,  137,  138;  158/123;  161/296,  297;  163/430; 
164/168.   App.  8/8;  10/765;  12/758;  17/384,  386,  402. 

§  942. 

CiUtions.  Cal.  155/416;  157/412,  731;  159/713,  715;  162/284,  290,  291. 
App.  11/273;  12/425. 

§  943. 

Citations.  Cal.  155/20,  416,  417;  158/50;  159/453;  161/688;  162/290,  291. 
App.  13/362;  14/049. 


944-953 


CODE   OF    CIVIL    PROCEDURE. 


42 


§  944. 

Citations.      Cal.   162/290,  291. 


§  945. 

Citations. 


Cal.  1.55/20;  158/50;  159/453;  162/290,  291.   App.  15/77. 


Release  of  property  under  levy  on  appeal.     Attachment  not  continued. 

§  946.  Whenever  an  appeal  is  perfected,  as  provided  in  the  preceding 
sections  of  this  chapter,  it  staj's  all  further  proceedings  in  the  court 
below  upon  the  judgment  or  order  appealed  from,  or  upon  the  matters 
embraced  therein,  and  releases  from  levy  property  which  has  been  levied 
upon  under  execution  issued  upon  such  judgment;  provided,  however, 
said  property  shall  not  be  released  from  the  levy,  if  the  respondent 
excepts  to  the  sufficiency  of  the  sureties  within  five  days  after  the 
giving  of  the  undertaking  staying  execution  until  such  sureties,  or  others, 
justify  in  the  manner  prescribed  by  law;  but  the  court  below  may  pro- 
ceed upon  any  other  matter  embraced  in  the  action  and  not  affected 
by  the  order  appealed  from.  And  the  court  below  may  in  its  discretion, 
dispense  with  or  limit  the  security  required  by  this  chapter,  when  the 
appellant  is  an  executor,  administrator,  trustee,  or  other  person  acting 
in  another's  right.  An  appeal  does  not  continue  in  force  an  attachment, 
unless  an  undertaking  be  executed  and  filed  on  the  part  of  the  appellant 
by  at  least  two  sureties,  in  double  the  amount  of  the  debt  .'-laimed  by 
him,  that  the  appellant  will  pay  all  costs  and  damages  which  the  re- 
spondent may  sustain  by  reason  of  the  attachment,  in  case  the  order  of 
the  court  below  be  sustained;  and  unless,  within  five  days  after  the 
entrv  of  the  order  appealed  from,  such  appeal  be  perfected.  [Amend- 
ment approved  May  19,  1913;  Stats.  1913,  p.  216.  In  effect  August  10, 
1913.] 

Citations.      Cal.    155/33;     159/454;     162/283,    284,    289.      App.   10/165,    346; 
16/746;    19/659. 


§  949. 

Citations. 


Cal.    158/467,  468;    162/290.      App.   19/656,  657,   659. 


§  950. 

Citations.   Cal.  162/26Y;  163/22.  App.  11/637;  16/260;  17/394. 

§  951. 

Citations.   Cal.  158/700;  162/49,  267;  163/430.  App.  16/517;  17/394. 

§  952. 

Citations.      Cal.   158/700;   162/7,  49;   163/430.     App.  17/394. 


953. 
Citations. 


Cal.    163/22.      App.    10/165;    11/451;    17/7. 


43 


CODE   OF    CIVIL   PROCEDURE. 


§§  953a-975 


§  953a. 

Citations.  Cal.  156/137,  138,  341;  157/406;  153/40,  111,  112,  113,  114, 
115;  160/332;  161/119,  296,  297;  162/48,  49,  298,  299,  324,  756;  163/22, 
641;  164/430,  694,  695,  770.  App.  8/8;  10/165,  178;  11/272,  636,  637; 
13/585;  14/89,  331;  15/550;  16/43,  61,  236,  516,  517;  17/214,  394,  395,  401, 
601;  18/221,  468;  19/668, 

§  953b. 

Citations.  Cal.  156/341;  157/406;  158/111,  112:  160/332;  161/119,  296, 
297;  163/22.  App.  8/8;  10/165,  178;  11/271,  273,  637;  14/331;  15/550; 
16/61,  236;  17/214,  401,  402;  18/221,  468. 

§  953c. 

Citations.  Cal.  156/341,  342;  157/406;  158/111,  112;  161/119,  296,  297; 
162/48,  49,  324;  163/22,  23;  164/694.  App.  8/8;  10/165,  178;  14/331; 
15/550;  16/61,  236,  237,  238,  239;  17/214,  401;  18/221,  468. 

§  954. 

Citations.      Cal.   1C3/22.     App.   11/384,    385,    386,    649. 


§  956. 

Citations. 

Cal.    159/487; 

1G4/539. 

App.    8/384 

§  957. 

Citations. 

Cal.   155/291; 

156/69. 

App.    10/391 

§  958. 

CiUtions. 

App.   11/637. 

§  963. 

Citations.  Cal.  155/33;  158/468;  159/273,  455,  486,  487,  488,  489;  164/5; 
(subd.  1)  159/488;  (subd.  2)  159/488;  (subd.  3)  159/664;  162/258,  353. 
App.  8/20,  384;  10/221,  361;  11/274;  12/347;  19/233;  (subd.  2)  15/290; 
(subd.  3)  9/405;  13/118,  220;  15/290,  291.   Prac.  Act,  §347:  App.  11/29. 

§  964. 

Citations.     Cal.   163/242. 

§  966. 

Citations.      Cal.   161/687. 

§  974. 

Citations.  Cal.  159/482,  483;  160/531;  161/332,  333;  162/336,  337,  339. 
App.  10/344,  424,  425;  11/4-12;  12/155,  537,  540;  13/197;  14/574,  575; 
16/128;  18/574.   Prac.  Act,  §624:  App.  10/425. 

§  975. 

Citations.     App.  12/155,  538. 


§§  976-1015  CODE   OF    CIVIL   PROCEDURE.  44 

§  976. 

Citations.     Cal.   163/702.      App.   11/30. 

§  977. 

Citations.      App.   11/30;    12/538;    14/259. 

§  978. 

Citations.  Cal.  159/482,  483,  712,  713,  714,  715;  162/336,  337,  339.  A-pp. 
8/764,  765,  766;  12/330,  331,  333,  538,  539,  540;  13/196;  14/575;  16/12t. 

§  978a. 

Citations.  Cal.  159/476,  482,  483;  162/336,  337,  339.  App.  10/344  (cited 
as  §  978)  ;  12/538,  539,  540;  13/195,  196,  198;  14/259,  573,  574,  575;  17/52, 
53,  94;  18/574. 

§  980. 

Citations.      Cal.   158/4.      App.   10/736;   11/30,  442. 

§  997. 

Citations.      Cal.  158/245,  246,   521.     App.   11/245;   13/783,  784,  785. 

§  1003. 

Citations.      Cal.  164/536.     App.   8/20. 

§   1005. 

Citations.     App.   14/32;   16/181,  182,  183. 

§   1006. 

Citations.      Cal.   160/380.     App.   19/264. 

§   1007. 

Citations.      Cal.   160/383,  385,  387. 

§  1010. 

Citations.   Cal.  158/114;  164/536.  App.  11/662;  16/182;  18/204. 

§  1011. 

Citations.      Csl.    (subd.   1)    164/578. 

§  1012. 

Citations.      App.   18/130. 

§   1014. 

Citations.      Cal.   156/88.     App.   10/700;   13/9,  30,  31,  69,  276,   397,  545. 

§   1015. 

Citations.     App.  11/260. 


45 


CODE   OF    CIVIL    PROCEDURE. 


!§  1022-1054 


§   1022. 

Citations.   Cal.  155/252;  156/141  (cited  as  §  1023)  ;  164/666;  (subds.  1,  5) 
164/666.   App.  (subd.  3)  11/398;  13/784. 

§  1025. 

Citations.      Cal.    163/416;    164/666.      App.    11/399;    13/784. 

Costs  on  appeal. 

§  1027.  The  prevailing  party  on  appeal  shall  be  entitled  to  his  costs 
excepting  when  judgment  is  modified,  and  in  that  event  the  matter  of 
costs  is  within  the  discretion  of  the  appellate  court.  The  party  entitled 
to  costs,  or  to  wiioai  costs  are  awarded,  may  recover  all  amounts  actu- 
ally paid  out  by  him  in  connection  with  said  appeal  and  the  prepara- 
tion of  the  record  for  the  appeal,  including  the  costs  of  printing  briefs; 
provided,  however,  that  no  amount  shall  be  allowed  as  costs  of  print- 
ing briefs  in  excess  of  fifty  dollars  to  any  one  party.  The  appellate 
court  may  reduce  costs  in  case  of  the  insertion  of  unnecessary  mat- 
ter in  the  record.  [Amendment  approved  June  16,  1913;  Stats.  1913,  p. 
1033.     In   efPect   August   10,   1913.] 

§  1033. 

Citations.  Cal.  156/141;  157/492;  164/312.  App.  8/485;  9/438;  14/32; 

15/745. 


§  1034. 
Citations. 


Cal.   157/203. 


§  1035. 

Citations.      Cal.   159/287. 

§  1036. 

Citations.      App.   12/537,  539. 

§  1047. 

Citations.     Cal.  161/48. 

§  1048. 

Citations.     App.   8/508, 

§  1049. 

Citations.  Cal.  155/34;  159/80,  81;  160/30;  161/92.  App.  10/165;  19/206. 

§  1050. 

Citations.     Cal.   155/370.      App.   9/573. 

§  1054. 

Citations.      Cal.   156/255,   578;    162/758.     App.   9/7C1 ;    15/616. 


§§  1056-1057a  code  op  civil  procedure.  46 

§  1056. 

CiUtions.  Cal.  156/140;  162/590. 

§  1057. 

Citations.      Cal.   162/590.     App.   16/745. 

Justification  by  corporate  security  on  bonds.  Procedure.  County  clerk 
to  issue  certificate.     Fee. 

§  1057a.  Whenever  the  surety  on  a  bond  or  undertaking  authorized 
or  required  by  any  law  of  this  state  is  a  corporation  of  the  state  or  a 
foreign  corporation,  authorized  to  become  surety  on  bonds  or  under- 
talcings  in  the  state,  and  exception  is  taken  to  the  sufficiency  of  such 
surety  as  required  by  law,  such  corporate  surety  may  justify  on  such 
bond   or   undertaking   as   follows: 

Any  agent,  attorney  in  fact,  or  officer  of  such  corporation  shall  submit 
to  the  court,  judge,  officer,  board  or  other  person  before  whom  the 
justification   is  to  be   made: 

First — The  original,  or  a  certified  copy  of,  the  power  of  attorney,  by- 
laws or  other  instrument  showing  the  authority  of  the  person  or  persons 
who  executed  the  bond  or  undertaking  to   execute  the  same; 

Second — A  certified  copy  of  the  certificate  of  authority  issued  by  the 
insurance  commissioner  as  required  by  section  596  of  the  Political 
Code,  showing  that  the   corporation  is  authorized   to   transact  business; 

Third — A  certificate  from  the  county  clerk  of  the  county  or  city  and 
county  in  which  the  bond  or  undertaking  is  filed,  showing  that  the  said 
certificate  of  authority  has  not  been  surrendered,  revoked,  canceled, 
annulled  or  suspended,  or  in  the  event  that  it  has  been,  that  renewed 
authority  to  act  under  such  certificate  has  been  granted,  as  provided  for 
in   section   G25a   of   the  Political   Code; 

Fourth — A  financial  statement  showing  the  assets  and  liabilities  of 
such  corporation  at  the  end  of  the  quarter  calendar  year  next  preceding 
the  date  of  the  execution  of  the  bond  or  undertaking;  such  financial 
statement  must  be  verified  under  oath  by  the  president,  or  a  vice- 
president  and  attested  by  the  secretary  or  an  assistant  secretary  of  such 
corporation. 

Upon  complying  with  the  foregoing  provisions  and  it  appearing  that 
the  bond  or  undertaking  was  duly  executed,  that  the  corporation  is 
authorized  to  transact  business  in  the  state,  and  that  its  assets  exceed 
its  liabilities  in  an  amount  equal  to  or  in  excess  of  the  amount  of  the 
bond  or  undertaking,  the  justification  of  the  surety  shall  be  complete 
and  it  shall  be  accepted  as  the  sole  and  sufficient  surety  on  the  bond 
or   undertaking. 

The  county  clerk  of  any  county  or  city  and  county  shall,  upon  re- 
quest, issue  the  certificate  hereinbefore  provided  for,  which  certificate 
shall  state  whether  or  not  the  certificate  of  authority  of  such  corpora- 
tion has  been  surrendered,  revoked,  canceled,  annulled,  or  suspended,  and 
in  the  event  that  it  has,  whether  or  not  renewed  authority  to  act  under 


47 


CODE   OF    CIVIL    PROCEDURE. 


§§  1068-1095 


sueh  certificate  of  authority  has  been  granted  as  provided  in  section 
625a  of  the  Political  Code.  For  each  certificate  issued  the  county  clerk 
shall  receive  a  fee  of  fifty  cents  to  be  paid  by  the  person  obtaining  the 
certificate. 

All  laws  and  parts  of  laws  and  all  sections  of  either  of  the  codes  in 
conflict  herewith  are  hereby  expressly  repealed.  [New  section  added 
March  20,   1911;   Stats.   1911,  p.  412.] 


§  1068. 

Citations.  Cal.  156/85;  159/363;  160/591;  164/330. 
13/118;  15/517;  17/695;  18/17,  575,  576;  19/126. 


App.  10/160;  12/329; 


§  1069. 

Citations. 


App.  11/442;  17/710. 


§  1070. 

Citations.      App.   12/329. 

§  1074. 

Citations.   Cal.  159/363;  164/330.  App.  11/644;  15/517;  18/575,  576. 

§  1077. 

Citations.     App.   8/611. 


§   1085. 
Citations. 


Cal.   156/488;    164/499.      App.    8/16;    12/551;    15/362. 


§   1086. 

Citations.      Cal.   155/33;    164/499.      App.   8/16,   482;    12/553, 

§  1090. 

Citations.      App.   18/226. 

Recovery  of  damages  by  applicant.     When  state,  etc.,  is  respondent. 

§  1085.  If  judgment  be  given  for  the  applicant,  he  may  recover  the 
damages  which  he  has  sustained,  as  found  by  the  jury,  or  as  may  be 
determined  by  the  court  or  referee,  upon  a  reference  to  be  ordered, 
together  with  costs;  and  for  such  damages  and  costs  an  execution  may 
issue;  and  a  peremptory  mandate  must  also  be  awarded  without  delay; 
provided,  however,  that  in  all  cases  where  the  respondent  is  a  state, 
county  or  municipal  officer,  all  damages  and  costs,  or  either,  which  may 
be  recovered  or  awarded,  shall  be  recovered  and  awarded  against  the 
state,  county  or  municipal  corporation  represented  by  such  officer  and 
not  against  such  officer  so  appearing  in  said  proceeding,  and  the  same 
shall  be  a  proper  claim  against  the  state,  or  county,  or  municipal  cor- 
poration for  which  such  officer  shall  have  appeared,  and  shall  be  paid 
as  other  claims  against  the  state,  county  or  municipality  are  paid;  but 
in   all   such    cases,    the    court   shall   first    determine   that    the    officer   ap- 


§§  1097-1123  CODE  OF  crviL  procedure.  48 

peared  and  made  defense  in  such  proceeding  in  good  faith.  [Amend- 
ment approved  May  31,  1913;  Stats.  1913,  p.  359.  In  effect  August  10, 
1913.] 

Citations.      Cal.   158/549. 

§  1097. 

Citations.      Cal.   164/501. 

§  1102. 

Citations.  Cal.  157/192;  160/531.  App.  9/333;  11/3,  485;  12/154,  15£i; 
14/646;  16/787. 

§  1103. 

Citations.   Cal.  160/531.  App.  9/333;  11/3,  6,  215;  12/154,  160,  347; 
14/646;  19/552. 

§  1109. 

Citations.     App.   8/612. 

§  1111. 

Citations.      Cal.   158/539,   541;    159/445.      App.   17/492. 

§  1115. 

Citations.      Cal.   158/539.     App.   13/274;   15/309,   383,  650. 

§  1116. 

Citations.     App.   11/587,  588. 

§  1118. 

Citations.  Cal.  158/539,  540;  163/610.  App.  13/273;  15/309,  311,  312, 
383,  648,  649;  16/504. 

§  1118a. 

Citations.     App.   13/273,  274,  275. 

§   1119. 

Citations.      Cal.    158/539,    540,    542,    544,    545,    546.     App.    12/421;    13/273 
(cited  as  §  1118),  275;   15/383,   645,   647,   649;    16/502. 

§   1121. 

Citations.   Cal.  158/540,  542,  545,  546,  547;  163/610.   App.  15/647,  649; 
16/502,  503. 

§  1122. 

Citations.     App.   15/383,   384. 

§  1123. 

Citations.     App.   15/68. 


49  CODE  OP    CIVIL   PROCEDURE.  §§  1124-1180 

§  1124. 

Citations.     Cal.   159/445,   446.     App.   15/64,   69. 

§  1125. 

Citations.      App.  17/420,  421,  422,  423. 

§  1126. 

Citations.     App.  15/69. 

§  1127. 

Citations.      Cal.   158/539.      App.   17/492.   ' 

§  1143. 

Citations.     Cal.   160/384. 

§  1159. 

Citations.      Cal.   162/59.     App.  17/261. 

§  1160. 

Citations.     App.  9/44. 

§  1161. 

Citations.   Cal.  156/317.  App.  9/44;  11/322;  18/431,  432;  19/200,  358; 
(subd.  2)  12/315;  19/522;  (subd.  3)  19/521.  522. 

§  1162. 

Citations.     App.   10/4;   19/358. 

§  1167. 

Citations.     App.  9/43;   14/366. 

§  1169. 

Citations.     App.   14/367. 

§  1172. 

Citations.     App.   14/572;  17/261. 

§  1173. 

Citations.     App.  17/265. 

§  1174. 

Citations.   App.  9/44;  14/365;  17/266,  270,  271,  272. 

§  1180. 

Citations.     App.   14/388. 
4 


§  1183  CODE  OP   CIVIL  PROCEDURE.  50 

Mechanics  have  lien  upon  property  on  which  they  have  labored,  etc. 
Mines.  Limit  of  liens.  Limit  of  owner's  liability. 
§  1183.  Mechanics,  materialmen,  contractors,  subcontractors,  artisans, 
architects,  machinists,  builders,  miners,  teamsters  and  draymen,  and  all 
persons  and  laborers  of  every  class  performing  labor  upon,  or  bestowing 
skill  or  other  necessary  services,  or  furnishing  materials  to  be  used 
or  consumed  in  or  furnishing  appliances,  teams  and  power  contributing 
to  the  construction,  alteration,  addition  to  or  repair,  either  in  whole  or 
in  part,  of  any  building,  wharf,  bridge,  ditch,  flume,  aqueduct,  well, 
tunnel,  fence,  machinery,  railroad,  wagon  road  or  other  structure,  shall 
have  a  lien  upon  the  property  upon  which  they  have  bestowed  labor  or 
furnished  materials,  for  the  value  of  such  labor  done  and  materials 
furnished  and  for  the  value  of  the  use  of  such  appliances,  teams  or 
power,  whether  at  the  instance  of  the  owner,  or  of  any  other  person 
acting  by  his  authority  or  under  him,  as  contractor  or  otherwise;  and 
every  contractor,  subcontractor,  architect,  builder  or  other  person  having 
charge  of  the  construction,  alteration,  addition  to  or  repair  either  in 
whole  or  in  part  of  any  building,  or  other  improvement  as  aforesaid 
shall  be  held  to  be  the  agent  of  the  owner  for  the  purposes  of  this 
chapter.  Any  person  who  performs  labor  in  any  mining  claim  or  claims, 
or  in  or  upon  any  real  property  worked  as  a  mine,  either  in  the  develop- 
ment thereof  or  in  working  thereon  by  the  subtractive  process  or  fur- 
nishes materials  to  be  used  or  consumed  therein,  has  a  lien  upon  the 
same  and  the  works  owned  and  used  by  the  owners  for  milling  or 
reducing  the  ores  from  the  same,  for  the  value  of  the  work  or  labor 
done  or  materials  furnished  by  each  respectively,  whether  done  or 
furnished  at  the  instance  of  the  owner  of  such  mining  claim  or  claims 
or  real  property  worked  as  a  mine,  or  his  agent,  and  every  contractor, 
subcontractor,  superintendent  or  other  person  having  charge  of  any 
mining  or  work  or  labor  performed  in  and  about  such  mining  claim 
or  claims  or  real  property  worked  as  a  mine,  either  as  lessee  or  under 
a  working  bond  or  contract  thereon  shall  be  held  to  be  the  agent  of 
the  owner  for  the  purposes  of  this  chapter.  The  liens  in  this  chapter 
provided  for  shall  be  direct  liens,  and  shall  not  in  the  case  of  any 
claimants,  other  than  the  contractor  be  limited,  as  to  amount,  by  any 
contract  price  agreed  upon  between  the  contractor  ami  the  owner  except 
as  hereinafter  provided;  but  said  several  liens  shall  not  in  any  case 
exceed  in  amount  the  reasonable  value  of  the  labor  done  or  material 
furnished,  or  both,  for  which  the  lien  is  claimed,  nor  the  price  agreed 
upon  for  the  same  between  the  claimant  and  the  person  by  whom  he 
was  employed,  nor  in  any  case,  where  the  claimant  was  employed  by 
a  contractor,  or  subcontractor,  shall  the  lien  extend  to  any  labor  or 
materials  not  embraced  within  or  covered  by  the  original  contract  be- 
tween the  contractor  and  the  owner,  or  any  modification  thereof  made 
by  or  with  the  consent  of  such  owner,  aiul  of  which  such  contract,  or 
modification  thereof,  the  claimant  shall  have  had  actual  notice  before 
the  performance  of  such  labor  or  the  furnishing  of  such  materials.     The 


51  CODE   OP   CIVIL   PROCEDURE.  §  1183 

filing  of  such  original  contract,  or  modification  thereof,  in  the  office  of 
.the  county  recorder  of  the  county  where  the  property  is  situated,  before 
the  commencement  of  the  work,  shall  be  equivalent  to  the  giving  of 
such  actual  notice  by  the  owner  to  all  persons  performing  work  or 
furnishing  materials  thereunder.  In  case  said  original  contract  shall, 
before  the  work  is  commenced,  be  so  filed,  together  with  a  bond  of 
the  contractor  with  good  ^nd  sufficient  sureties  in  an  amount  not  less 
than  fifty  (50)  per  cent  of  the  contract  price  named  in  said  contract, 
which  bond  shall  in  addition  to  any  conditions  for  the  performance  of 
the  contract,  be  also  conditioned  for  the  payment  in  full  of  the  claims 
of  all  persons  performing  labor  upon  or  furnishing  materials  to  be  used 
in  such  work,  and  shall  also  by  its  terms  be  made  to  inure  to  the 
benefit  of  any  and  all  persons  T^ho  perform  labor  upon  or  furnish 
materials  to  be  used  in  the  work  described  in  said  contract  so  as  to 
give  such  persons  a  right  of  action  to  recover  upon  said  bond  in  any 
suit  brought  to  foreclose  the  liens  provided  for  in  this  chapter  or  in  a 
separate  suit  brought  on  said  bond,  then  the  court  must,  where  it  would 
be  equitable  so  to  do,  restrict  the  recovery  under  such  liens  to  an 
aggregate  amount  equal  to  the  amount  found  to  be  due  from  the  owner 
to  the  contractor,  and  render  judgment  against  the  contractor  and  his 
sureties  on  said  bond  for  any  deficiency  or  difference  there  may  remain 
between  said  amount  so  found  to  be  due  to  the  contractor  and  the 
whole  amount  found  to  be  due  to  claimants  for  such  labor  or  materials 
or  both.  No  change  or  alteration  of  the  work  or  modification  of  any 
such  contract  between  the  owner  and  his  contractor  shall  release  or 
exonerate  any  surety  or  sureties  upon  any  bond  given  under  this  section. 
It  is  the  intent  and  purpose  of  this  section  to  limit  the  owner's  liability, 
in  all  cases,  to  the  measure  of  the  contract  price  where  he  shall  have 
filed  or  caused  to  be  filed  in  good  faith  with  his  original  contract  a 
valid  bond  with  good  and  sufficient  sureties  in  the  amount  and  upon 
the  conditions  as  herein  provided.  It  shall  be  lawful  for  the  owner 
to  protect  himself  against  any  failure  of  the  contractor  to  perform  his 
contract  and  make  full  payment  for  all  work  done  and  materials  fur- 
nished thereunder  by  exacting  such  bond  or  other  security  as  he  may 
deem  satisfactory.  [Amendment  approved  May  1,  1911;  Stats,  l&li, 
p.  1313.] 

The  statute  amending  this  section  and  the  following  sections  of  the  Mechanic's 
Lien   Law   contained   the   following   section: 

§  14.  The  provisions  of  this  act  shall  be  literally  construed  with  a  view  to 
effect  its  purpose.  They  are  not  intended  as  a  re-enactment  of  the  provisions  of 
former  statutes,  with  the  policy  heretofore  impressed  upon  the  same  by  the  courts 
of  this  state,  but  are  intended  to  reverse  that  policy  to  the  extent  of  making  the 
liens  provided  for,  direct  and  independent  of  any  account  of  indebtedness  be- 
tween the  owner  and  contractor,  thereby  making  the  policy  of  this  state  conform 
to   that   of   Nevada   and  the   other  Pacific   Coast   states. 

Citations.  Cal.  155/412;  158/31;  160/315,  752,  753,  754;  163/474;  164/ 
878,  519,  521,  648,   649,   650.      App.   8/271,  272,   273,   509,   518,   519,  525,    734; 


§§  1183a-1185  CODE  of  civil  peocedure.  52 

9/495,  702,  703;  10/90,  92,  644,  650;  12/42;  15/570;  16/293,  715;  17/613, 
616,  617;  19/236,  237,  411,  724. 

Persons  supplsring  power  entitled  to  lien. 

§  1183a.     [Kepealed  May  1,  1911;  Stats.  1911,  p.  1319.] 

Notice  to   owner  of  labor  performed  and  materials   furnished. 

§  1184.  Any  of  the  persons  mentioned  in  the  preceding  section,  except 
the  contractor,  may  at  any  time  give  to  the  owner  a  notice  that  they 
have  performed  labor  or  furnished  materials,  or  both,  to  the  contractor 
or  other  person  acting  by  the  authority  of  the  owner,  or  that  they 
have  agreed  to  do  so,  stating  in  general  terms  the  kind  of  labor  and 
materials  and  the  name  of  the  person  to  or  for  whom  the  same  was 
done  or  furnished,  or  both,  and  the  amount  in  value,  as  near  as  may 
be,  of  that  already  done  or  furnished,  or  both,  and  of  the  whole  agreed 
to  be  done  or  furnished,  or  both,  and  any  of  said  persons  who  shall 
on  the  written  demand  of  the  owner  refuse  to  give  such  notice  shall 
thereby  deprive  himself  of  the  right  to  claim  a  lien  under  this  chapter. 
Such  notice  may  be  given  by  delivering  the  same  to  said  owner  per- 
sonally, or  by  leaving  it  at  his  residence  or  place  of  business  with 
some  person  in  charge,  or  by  delivering  it  to  his  architect,  or  by  leaving* 
it  at  the  latter's  office  with  some  person  in  charge.  No  such  notice  shallj 
be  invalid  by  reason  of  any  defect  in  form,  provided,  it  is  sufficient  to 
inform  the  owner  of  the  substantial  matters  herein  provided  for.  Upon 
such  notice  being  given  it  shall  be  lawful  for  the  owner  to  withhold, 
and  in  the  case  of  property  which,  for  reasons  of  public  policy  or 
otherwise,  is  not  subject  to  the  liens  in  this  chapter  provided  for,  the 
owner  or  person  who  contracted  with  the  contractor,  shall  withhold  from 
his  contractor  sufficient  money  due  or  that  may  become  due  to  such  con- 
tractor to  answer  such  claim  and  any  lien  that  maj'  be  filed  therefor 
including  the  reasonable  cost  of  any  litigation  thereunder.  [Amendment 
approved  May  1,  1911;  Stats.  1911,'  p.  1315.] 
See  note  to  §  1183. 
Citations.      Cal.   160/311,    312,    ol6,    437,    439;      163/474;      164/378.     App. 

8/508,   509,  511,  512;   9/702,   703:   10/643,  644;    13/623,  625;   16/715;   17/617; 

18/596,   600,   672;    19/235,  236,   589,   591,   592,   595,   597. 

Land  subject  to  lien. 

§  1185.  The  land  upon  which  any  building,  improvement,  well  or 
structure  is  constructed,  together  with  a  convenient  space  about  the 
same,  or  so  much  as  may  be  required  for  the  convenient  use  and  occu- 
pation thereof,  to  be  determined  by  the  court  on  rendering  judgment, 
is  also  subject  to  the  lien,  if  at  the  commencement  of  the  work,  or  of 
the  furnishing  of  the  material  for  the  same,  the  land  belonged  to  the 
person  who  caused  said  building,  improvement,  well  or  structure  to  be 
constructed,  altered  or  repaired,  but  if  such  person  owned  less  than 
fee  simple  estate  in  such  land,  then  only  his  interest  therein  is  subject 


53  CODE   OF    CIVIL    PROCEDURE.  §§  1186,  1187 

to  such  lien,  except  as  provided  in  section  1192   of  this  code.     [Amend- 
ment approved  May  1,  1911;   Stats.  1911,  p.   1316.] 

See  note  to  §  1183. 

Citations.     App.   17/620;    19/410. 

§  1186. 

Citations.      Cal.   155/271,   272,   273;    164/376.     App.   8/270. 

Claim  of  lien  filed  in  recorder's  office.  Owner  may  file  record  of  comple- 
tion with  recorder. 
§  1187.  Every  original  contractor,  claiming  the  benefit  of  this  chap- 
ter, within  sixty  days  after  the  completion  of  his  contract,  and  every 
person  save  the  original  contractor  claiming  the  benefit  of  this  chapter, 
within  thirty  days  after  he  has  ceased  to  labor  or  has  ceased  to  furnish 
materials,  or  both;  or  at  his  option,  within  thirty  days  after  the  com- 
pletion of  the  original  contract,  if  any,  under  which  he  was  employed, 
must  file  for  record  with  the  county  recorder  of  the  county  or  city  and 
county  in  which  such  property  or  some  part  thereof  is  situated,  a  claim 
of  lien  containing  a  statement  of  his  demand  after  deducting  all  just 
credits  and  offsets,  with  the  name  of  the  owner  or  reputed  owner,  if 
known,  also  the  name  of  the  person  by  whom  he  was  employed,  or  to 
whom  he  furnished  the  materials,  with  a  statement  of  the  price,  if 
^^y>  agreed  upon  for  the  same  and  when  payable,  and  of  the  work 
agreed  to  be  done  and  when  the  same  was  to  be  done,  if  agreed  upon, 
and  also  a  description  of  the  property  to  be  charged  with  the  lien, 
sufficient  for  identification,  which  claim  must  be  verified  by  the  oath 
of  himself  or  of  some  other  person.  Any  trivial  imperfection  in  the  said 
work,  or  in  the  completion  of  any  contract  by  any  lien  claimant,  or  in 
the  construction  of  any  building,  improvement  or  structure,  or  of  the 
alteration,  addition  to,  or  repair  thereof,  shall  not  be  deemed  such  a 
lack  of  completion  as  to  prevent  the  filing  of  any  lien;  and,  in  all 
cases,  any  of  the  following  shall  be  deemed  equivalent  to  a  completion 
for  all  the  purposes  of  this  chapter:  the  occupation  or  use  of  a  building, 
improvement,  or  structure,  by  the  owner,  or  his  representative;  or  the 
acceptance  by  said  owner  or  said  agent,  of  said  building,  improvement, 
or  structure,  or  cessarton  from  labor  for  thirty  days  upon  any  contract 
or  upon  any  building,  improvement  or  structure  or  the  alteration,  addi- 
tion to,  or  repair  thereof;  the  filing  of  the  notice  hereinafter  provided 
for.  The  owner  may  within  ten  days  after  completion  of  any  contract, 
or  within  forty  days  after  cessation  from  labor  thereon,  file  for  record 
in  the  office  of  the  county  recorder  of  the  county  where  the  property  is 
situated,  a  notice  setting  forth  the  date  when  tlie  same  was  completed, 
or  on  wliieh  cessation  from  labor  occurred,  together  with  his  name  and 
the  nature  of  his  title,  and  a  description  of  the  property  sufficient  for 
identification,  which  notice  shall  be  verified  by  himself  or  some  other 
person  on  his  behalf.  The  fee  for  recording  the  same  shall  be  one 
dollar.     In  ease  such  notice  be  not  so  filed  then  the  said  owner  and  all 


§§  1188-1191  CODE   OF    CIVIL   PROCEDURE.  54 

persoBS  deraigning  title  from  or  claiming  any  interest  through  him 
shall  be  estopped  in  any  proceedings  for  the  foreclosure  of  any  lien  pro- 
vided for  in  this  chapter  from  maintaining  any  defense  therein  based 
on  the  ground  that  said  lien  was  not  filed  within  the  time  provided 
in  this  chapter;  provided,  that  all  claims  of  lien  must  be  filed  within 
ninety  days  after  the  completion  of  any  building,  improvement  or 
structure,  or  the  alteration,  addition  or  repair  thereto.  [Amendment 
approved  May  1,  1911;  Stats.  1911,  p.  1316.] 
See  note  to  §  1183. 
Citations.      Cal.   159/584,    585,    586,    587,    588,    589,    590;    164/520,    646,    647, 

648,    650.      App.    8/71,    73,    269,    270,    396,    397;    10/91,    92,    652;    16/690,    691, 

713;    19/237,  412,   732,   733. 

§    1188. 

Citations.      Cal.   164/376,    377,   649.      App.   16/291. 

Time  of  continuance  of  lien. 

§  1190.  No  lien  provided  for  in  this  chapter  binds  any  property  for 
a  longer  period  than  ninety  days  after  the  same  has  been  filed,  unless 
proceedings  be  commenced  in  a  proper  court  within  that  time  to  enforce 
the  same;  or,  if  a  credit  be  given,  then  ninety  days  after  the  expiration 
of  such  credit;  but'  no  lien  continues  in  force  for  a  longer  time  than 
one  year  from  the  time  the  work  is  completed,  by  any  agreement  to 
give  credit,  and  in  case  such  proceedings  be  not  prosecuted  to  trial 
within  two  years  after  the  commencement  thereof,  the  court  may  in 
its  discretion  dismiss  the  same  for  want  of  prosecution,  and  in  all  cases 
the  dismissal  of  such  action  (unless  it  be  expressly  stated  that  the  same 
is  without  prejudice)  or  a  judgment  rendered  therein  that  no  lien 
exists,  shall  be  equivalent  to  the  cancellation  and  removal  from  the 
record  of  such  lien.  [Amendment  approved  May  1,  1911;  Stats.  1911, 
p.  1317.] 

See  note  to  §  1183. 

Citations.      Cal.  162/667;   164/647,   649.     App.   10/652;    17/469. 

Lien  on  lots  for  improvements. 

§  1191.  Any  person  who,  at  the  request  of  the  owner  of  any  lot  or 
tract  of  land,  grades,  fills  in,  or  otherwise  improves  the  same,  or  the 
street,  highway,  or  sidewalk  in  front  of  or  adjoining  the  same,  or  con- 
structs any  areas,  or  vaults,  or  cellars,  or  rooms,  under  said  sidewalks, 
or  makes  any  improvements  in  connection  therewith,  has  a  lien  upon 
said  lot  or  tract  of  land  for  his  work  done  and  materials  furnished; 
provided,  that  in  cases  where  the  improvement  made  or  work  done  is 
subject  to  acceptance  by  any  municipal  board  or  officer,  the  time  for 
filing  claims  of  lien  shall  not  commence  to  run  until  after  such  m-cept- 
atice  shall  have  been  made.  [Amendment  approved  May  30,  1913; 
Stats.   1913,  p.  333.     In  effect  August   10,   1913.] 

Citations.      Cal.   164/647,   648,   649,    650.     App.    16/706,    707. 


55  CODE   OF    CIVIL    PROCEDURE.  §§  1192,  1193 

Building  held  to  have  been  constructed  at  owner's  instance. 

§  1192.  Every  building  or  other  improvement  or  work  mentioned  in 
anv  of  the  preceding  sections  of  this  chapter  constructed,  altered  or 
repaired  upon  any  land  with  the  knowledge  of  the  owner  or  of  any 
person  having  or  claiming  any  estate  therein,  and  the  work  or  labor 
done  or  materials  furnished  mentioned  in  any  of  said  sections  with 
the  knowledge  of  the  owner  of  persons  having  or  claiming  any  estate 
in  the  land,  shall  be  held  to  have  been  constructed,  performed  or  fur- 
nished at  the  instance  of  such  owner  or  person  having  or  claiming  any 
estate  therein,  and  such  interest  owned  or  claimed  shall  be  subject  to 
any  lien  filed  in  accordance  with  the  provisions  of  this  chapter,  unless 
such  owner  or  person  having  or  claiming  any  estate  therein  shall,  within 
ten  days  after  he  shall  have  obtained  knowledge  of  such  construction, 
alteration  or  repair  or  work  or  labor,  give  notice  that  he  will  not  be 
responsible  for  the  same  by  posting  a  notice  in  writing  to  that  effect 
in  some  conspicuous  place  upon  the  property,  and  shall  also,  within 
the  same  period,  file  for  record  a  verified  copy  of  said  notice  in  the 
office  of  the  county  recorder  of  the  said  county  in  which  said  property 
or  some  part  thereof  is  situated.  Said  notice  shall  contain  a  description 
of  the  property  affected  thereby  svifficient  for  identification,  with  the 
name,  and  the  nature  of  the  title  or  interest  of  the  person  giving  the 
same,  said  copy  so  recorded  may  be  verified  by  anyone  having  a  knowl- 
edge of  the  facts,  on  behalf  of  the  owner  or  person  for  whose  protection 
the  notice  is  given.  [Amendment  approved  May  1,  1911;  Stats.  1911, 
p.  1317.] 

See  note  to  §  1183. 

Citations.   Cal.  155/271,  272,  273,  274;  158/330,  331,  332;  162/225,  226, 

666,  667.   App.  13/7,  10,  11,  254,  255;  17/613,  618,  619,  620;  19/410. 

Contractor  may  recover  only  amount  due. 

§  1193.  Any  contractor  shall  be  entitled  to  recover,  upon  a  lien 
filed  by  him,  only  such  amount  as  may  be  due  him  according  to  the 
terms  of  his  contract,  after  deducting  all  claims  of  other  parties  for 
work  done  and  materials  furnished,  as  aforesaid,  and  embraced  within 
his  contract;  and  in  all  cases  where  a  lien  shall  be  filed  under  this  act 
for  work  done  or  for  materials  furnished  to  any  contractor,  he  shall 
defend  any  action  brought  thereon  at  his  own  expense;  and  during  the 
pendency  of  such  action,  the  owner  may  withhold  from  the  contractor 
the  amount  of  money  for  which  such  lien  is  filed;  and  in  case  of 
judgment  against  the  owner  or  his  property  upon  the  lien,  the  said 
owner  shall  be  entitled  to  deduct  from  any  amount  due,  or  to  become 
due  by  him  to  the  contractor,  the  amount  of  such  judgment  and  costs; 
and  if  the  amount  of  such  judgment  and  costs  shall  exceed  the  amount 
due  by  him  to  the  contractor,  or  if  the  owner  shall  have  settled  with 
the  contractor  in  full,  he  shall  be  entitled  to  recover  back  from  the 
contractor,  or  his  bondsmen  or  sureties  on  any  bond  given  for  the 
faithful  performance  of   his   contract,  any   amount  so  paid  by  him,  the 


§§  1194r-1197  CODE   OF    CIVIL   PROCEDURE,  56 

said  owner,  in  excess  of  the  contract  price,  and  for  which  the  contractor 
was  originally  the  party  liable.  No  act  done  by  such  owner  in  com- 
pliance with  any  of  the  provisions  of  this  chapter  shall  be  held  to  be  a 
prevention  of  the  performance  of  any  such  contract  by  the  contractor, 
or  to  have  exonerated  the  sureties  on  such  or  any  bond  given  for 
faithful  performance,  or  for  the  payment  of  liens  of  persons  performing 
labor  or  furnishing  materials,  or  both;  provided,  that  such  act  was  done 
in  good  faith  and  without  design  to  injure  or  harass  anyone.  [Amend- 
ment  approved   May    1,    1911;    Stats.    1911,   p.   1318. J 

See  note  to  §  1183. 

Citations.      App.   8/5. 

Deficiency  of  proceeds  under  decree  of  foreclosure. 

§  1194.  Whenever  on  the  sale  of  the  property  subject  to  any  of  the 
liens  provided  for  in  this  chapter,  under  the  judgment  or  decree  or 
foreclosure  of  such  lien,  there  is  a  deficiency  of  proceeds,  judgment  for 
the  deficiency  may  be  docketed  against  the  party  personally  liable 
therefor  in  like  m&nner  and  with  like  effect  as  in  action  for  the  fore- 
closure of  mortgages.  [Amendment  approved  May  1,  1911;  Stats.  1911, 
p.  1318.] 

See   note  to  §  1183. 

Citations.      App.    19/727. 

Persons  claiming  liens  may  join  in  action. 

§  1195.  Any  number  of  persons  claiming  liens  may  join  in  the  same 
action  and  when  separate  actions  are  commenced,  the  court  may  con- 
solidate them.  The  court  must  also  allow,  as  a  part  of  the  costs,  the 
money  paid  for  verifying  and  recording  the  lien,  such  costs  to  be 
allowed  to  each  claimant  whose  lien  is  established,  whether  he  be 
plaintiff  or  defendant,  or  whether  they  all  join  in  one  action  or  separate 
actions  are  consolidated.  [Amendment  approved  May  1,  1911;  Stats. 
1911,  p.  1319.] 

See  note   to  §  1183. 

Citations.      Cal.   155/208;   158/32;    162/665.     App.  8/274. 

Lien  does  not  impair  right  of  personal  action  to  recover  debt. 

§  1197.  Nothing  contained  in  this  chapter  shall  be  construed  to 
impair  or  affect  the  right  of  any  person  to  whom  any  debt  may  be  due 
for  work  done  or  materials  furnished  to  maintain  a  personal  action  to 
recover  said  debt  against  the  person  liable  therefor;  and  the  person 
bringing  such  personal  action  may  take  out  an  attachment  therefor, 
notwithstanding  his  lien,  and  in  his  affidavit  to  procure  an  attachment 
need  not  state  that  his  demand  is  not  secured  by  a  lien;  but  the  judg- 
ment, if  any,  obtained  by  the  plaintiff  in  such  personal  action  shall 
not  be  construed  to  impair  or  merge  any  lien  held  by  said  plaintiff 
under  ,this  chapter;  provided,  only,  that  any  money  collected  on  said 
judgment   shall  be   credited   on   the   amount   of   such   lien   in   any  action 


57  CODE  OF  CIVIL  PROCEDURE.  §§  1198-1203a 

brought  to  enforce  the  same,  in  accordance  with  the  provisions  of  this 
chapter.     [Amendment   approved  May   1,   1911;   Stats.   1911,  p.   1319. J 

See  note  to  §  1183. 

Citations.     App.   8/521. 

§  1198. 

Citations.     App.  8/521. 

Where  contractor  fails  to  perform  contract. 

§  1200.     [Repealed  May  1,  1911;   Stats.   1911,  p.  1319.] 

Citations.      Cal.    163/471,  473,  474,  475,  476.      App.  9/39,  700,  701,  702,  704; 
16/701;   18/406,  409,   410,   411,   673,   674. 

Forfeit  of  lien. 

§  1202.  Any  person  who  shall  willfully  give  a  false  notice  of  his 
claim  to  the  owner  under  the  provisions  of  section  1184  shall  forfeit  his 
lien.  Any  person  who  shall  willfully  include  in  his  claim  filed  under 
section  1187  work  or  materials  not  performed  upon  or  furnished  for 
the  property  described  in  the  claims  shall  forfeit  his  lien.  [Amendment 
approved  May  1,  1911;  Stats.  1911,  p.  1319.] 
See  note  to  §  1183. 
Citations.     Cal.   160/756.     App.   16/704;    19/734. 

Mistakes  in  statement  not  to  invalidate  lien. 

§  1203.  No  mistake  or  errors  in  the  statement  of  the  demand,  or  of 
the  amount  of  credits  and  offsets  allowed  or  of  the  balance  asserted 
to  be  due  to  claimant,  nor  in  the  description  of  the  property  against 
which  the  claim  is  filed,  shall  invalidate  the  lien,  unless  the  court  finds 
that  such  mistake  or  error  in  the  statement  of  the  demand,  credits  and 
oilsets,  or  of  the  balance  due,  was  made  with  the  intent  to  defraud,  or 
the  court  shall  find  that  an  innocent  third  party,  without  notice,  direct 
or  constructive,  has  since  the  claim  was  filed,  become  the  bona  fide 
owner  of  the  property  liened  upon,  and  that  the  notice  of  claim  was 
80  deficient  that  it  did  not  put  the  party  upon  further  inquiry  in  any 
manner.     [Amendment  approved  May  1,  1911;   Stats.  1911,  p.  1319.] 

See  note  to  §  1183. 

Citations.     App.   18/178,  406;   19/734. 

Mistakes  or  errors  in  statement  not  to  invalidate  liens. 

§  1203a.     [Repealed  May  1,  1911;   Stats.  1911,  p.  1319.] 

The  title  of  Chapter  681  of  the  Statutes  of  1911  amending  the  Mechanic's 
Lien  Law  repealed  §  1203a  of  the  Code  of  Civil  Procedure.  The  body  of  the 
act,  however,  contained  no  repeal  of  this  section.  In  §  13  it  provided  that  §  1200a 
was  repealed.  As  there  is  no  §  1200a  in  the  Code  of  Civil  Procedure,  and  as 
the  act  originally  introduced  in  the  legislature  (Assembly  Bill  No.  278)  provided 
for  the  repeal  of  §  1203a,  the  printing  of  §  1200a  in  the  Statutes  of  1911  (page 
1319)  is  regarded  as  intended  for  §  1203a,  and  this  section  has  therefore  been 
included  among  the  repealed  sections.  This  view  is  strengthened  by  the  fact  that 
§  1203  as  adopted  in  1911  covers  the  matter  included  in  former  §  1203a.— Ed. 
Citations.      Cal.   158/31.      App.   10/91;    19/724,   734. 


§§  1206-1238  CODE  OF  civil  procedure.  58 

§  1206. 

Citations.      Cal.   157/400,  491,  492,  493. 

§  1209. 

Citations.  Cal.  160/380,  383,  384,  386,  408,  410;  (subd.  3)  160/405,  406, 
407,  409;  (subd.  13)  160/405,  408.  App.  8/717;  11/4. 

§  1210. 

Citations.     App.   8/19;   15/314. 

§  1211. 

Citations.     App.   18/53. 

§  1218. 

Citations.      Cal.   160/379,  380,  384.     App.   19/218. 

§  1219. 

Citations.      Cal.   160/384. 

§  1222. 

Citations.      Cal.   160/720. 

§  1227. 

Citations.     App.   14/263,  271. 

§  1228. 

Citations.      Cal.   157/598.     App.   14/263,   264,   269,  270,  272. 

§   1229. 

Citations.     App.   14/263. 

§  1230. 

Citations.      App.   14/263, 

§  1231. 

Citations.     App.   14/263,  270. 

§  1232. 

Citations.     App.   14/263. 

§  1233. 

Citations.      App.   14/263. 

§  1237.  -^ 

Citations.      App.   13/419;    15/695. 

Purposes  for  which  the  right  of  eminent  domain  may  be  exercised. 

§  1238.     Subject  to  the   provisions   of  this   title,   the  right   of  eminent 
domain  may  be  exercised  in  behalf  of  the  following  public  uses: 


59  CODE  OP  crV'iL  procedure.  §  1238 

1.  Fortifications,  magazines,  arsenals,  navy  yards,  navy  and  army 
stations,  liglithouses,  range  and  beacon  liglits,  coast  surveys,  and  all 
other  public  uses  authorized    by  the  government  of  the  United  States. 

2.  Public  buildings  and  grounds  for  the  use  of  the  state,  or  any 
state  institution,  and  all  other  public  uses  authorized  by  the  legislature 
of  the   state. 

3.  Any  public  utility,  and  public  buildings  and  grounds,  for  the  use 
of  any  county,  incorporated  city,  or  city  and  county,  village,  town 
or  school  districts,  ponds,  lakes,  canals,  aqueducts,  reservoirs,  tunnels, 
flumes,"  ditches  or  pipes,  lands,  water  system  plants,  buildings,  rights 
of  any  nature  in  water,  and  any  other  character  of  property  neces- 
sary for  conducting  or  storing  or  distributing  water  for  the  use  of 
any  county,  incorporated  city,  or  city  and  county,  village  or  town  or 
municipal  water  district,  or  the  inhabitants  thereof,  or  any  state  in- 
stitution, or  necessary  for  the  proper  development  and  control  of  such 
use  of  said  water,  either  at  the  time  of  the  taking  of  said  property, 
or  for  the  future  proper  development  and  control  thereof,  or  for 
draining  any  county,  incorporated  city,  or  city  and  county,  village  or 
town;  raising  the  l3anks  of  streams,  removing  obstructions  therefrom, 
and  widening  and  deepening  or  straightening  their  channels;  roads, 
highways,  boulevards,  streets  and  alleys;  public  mooring  places  for 
water  craft;  public  parks,  including  parks  and  other  places  covered 
by  water,  and  all  other  public  uses  for  the  benefit  of  any  county,  incor- 
porated cit}',  or  city  and  county,  village  or  town,  or  the  inhabitants 
tliereof,  which  may  be  authorized  by  the  legislature;  but  the  mode  of 
apportioning  and  collecting  the  costs  of  such  improvements  shall  be 
such  as  may  be  provided  in  the  statutes  by  which  the  same  may  be 
authorized. 

4.  Wharves,  docks,  piers,  warehouses,  chutes,  booms,  ferries,  bridges, 
toll  roads,  by-roads,  plank  and  turnpike  roads;  paths  and  roads  either 
on  the  surface,  elevated,  or  depressed,  for  the  use  of  bicycles,  tricycles, 
motorcycles  and  other  horseless  vehicles,  steam,  electric,  and  horse 
railroads,  canals,  ditches,  dams,  poundings,  flumes,  aqueducts  and  pipes 
for  irrigation,  public  transportation,  supplying  mines  and  farming 
neighborhoods  with  water,  and  draining  and  reclaiming  lands,  and  for 
floating  logs  and  lumber  on  streams  not  navigable,  and  lands  with 
all  wells  and  water  therein  adjacent  to  the  lands  of  any  municipality 
or  of  any  corporation,  or  person  supplying  water  to  the  public  or  to  any 
neighborhood  or  community  for  domestic  use   or  irrigation. 

5.  Roads,  tunnels,  ditches,  flumes,  pipes  and  dumping  places  for 
working  mines;  also  outlets,  natural  or  otherwise,  for  the  flow,  deposit 
or  conduct  of  tailings  or  refuse  matter  from  mines;  also  an  occupancy 
in  common  by  t"he  owners  or  possessors  of  different  mines  of  any  place 
for  the  flow,  deposit,  or  conduct  of  tailings  or  refuse  matter  from  their 
several  mines. 

6.  By-roads  leading  from  highways  to  residences,  farms,  mines,  mills, 
factories  and  buildings  for  operating  machinery,  or  necessary  to  reach 
any   property   used    for    public    purposes. 


§  1238  CODE   OF    CIVIL   PROCEDURE.  60 

7.  Telegraph    and    telephone    lines,    systems    and    plants. 

8.  Sewerage  of  any  incorporated  city,  city  and  county,  or  of  any 
village  or  town,  whether  incorporated  or  unincorporated,  or  of  any 
settlement  consisting  of  not  less  than  ten  families,  or  of  any  build- 
ings belonging  to  the  state,  or  to  any  college  or  university,  also  the 
connection  of  private  residences  and  other  buildings,  through  other 
property,  with  the  mains  of  an  established  sewer  system  in  any  such 
city,  city  and  county,  town  or  village. 

9.  Eoads   for  transportation  by  traction  engines  or  road  locomotives. 

10.  Oil  pipe-lines. 

11.  Eailroads,  roads  and  flumes  for  logging  or  lumbering  purposes. 

12.  Canals,  reservoirs,  dams,  ditches,  flumes,  aqueducts  and  pipes  and 
outlets  natural  or  otherwise  for  supplying,  storing,  and  discharging 
water  for  the  operation  of  machinery  for  the  purpose  of  generating 
and  transmitting  electricity  for  the  supply  of  mines,  quarries,  railroads, 
tramways,  mills,  and  factories  with  electric  power;  and  also  for  the 
applying  of  electricity  to  light  or  heaf  mines,  quarries,  mills,  factories, 
incorporated  cities  and  counties,  villages  or  towns;  and  also  for  fur- 
nishing electricity  for  lighting,  heating  or  power  purposes  to  individ- 
uals or  corporations,  together  with  lands,  building?  and  all  other  im- 
provements in  or  upon  which  to  erect,  install,  place,  use  or  operate 
machinery  for  the  purpose  of  generating  and  transmitting  electricity 
for  any  of  the  purposes  or  uses  above  set  forth. 

13.  Electric  power  lines,  electric  heat  lines,  electric  light  lines,  elec- 
tric light,  heat  and  power  lines,  and  works  or  plants,  lands,  buildings 
or  rights  of  any  character  in  water,  or  any  other  character  of  property 
necessary  for  the  generation,  transmission  or  distribution  of  elec- 
tricity for  the  purpose  of  furnishing  or  supplying  electric  light,  heat 
or  power  to  anj'  county,  city  and  county  or  incorporated  city  or  town, 
or  the  inhabitants  thereof,  or  necessary  for  the  proper  development 
and  control  of  such  use  of  such  electricity,  either  at  the  time  of  the 
taking  of  said  property,  or  for  the  future  proper  development  and  con- 
trol thereof. 

14.  Cemeteries  for  the  burial  of  the  dead,  and  enlarging  and  adding 
to  the  same  and  the  grounds  thereof. 

15.  The  plants,  or  any  part  thereof  or  any  record  therein,  of  all 
persons,  firms  or  corporations  heretofore,  now  or  hereafter  engaged 
in  the  business  of  searching  public  records,  or  publishing  public  records 
or  insuring  or  guaranteeing  titles  to  real  property,  including  all  copies 
of,  and  all  abstracts  or  memoranda  taken  from,  public  records,  which 
are  owned  by,  or  in  the  possession  of  such  persons,  firms  or  corpora- 
tions, or  which  are  used  by  them  in  their  respective  businesses;  pro- 
vided, however,  that  the  right  of  eminent  domain  in  behalf  of  the 
public  uses  mentioned  in  this  subdivision  may  be  exercised  only  for 
the  purpose  of  restoring  or  replacing,  in  whole  or  in  part,  public  rec- 
ords, or  the  substance  of  public  records,  of  any  city,  city  and  county, 
eouD.ty   or   other   municipality,   which   records   have   been,   or   may    here- 


61  CODE  OF  CR'IL  PROCEDURE,  §  1239 

after  be,  lost  or  destroyed  by  conflagration  or  other  public  calamity; 
and  provided,  further,  that  such  right  shall  be  exercised  only  by  the 
city,  city  and  county,  county  or  municipality,  whose  records,  or  part 
of  whose  records,  have  been,  or  may  be,  so  lost  or  destroyed. 

16.  Expositions  or  fairs  in  aid  of  which  the  granting  of  public  moneys 
or  other  thing   of   value   has   been   authorized    by  the   constitution. 

17.  Works  or  plants  for  supplying  gas,  heat,  refrigeration  or  power 
to  any  county,  city  and  county,  or  incorporated  city  or  town,  or  the 
inhabitants  thereof,  together  with  lands,  buildings,  and  all  other  im- 
provements in  or  upon  which  to  erect,  install,  place,  maintain,  use  or 
operate  machinery,  appliances,  works  and  plants  for  the  purpose  of 
generating,  transmitting  and  distributing  the  same  and  rights  of  any 
nature  in  water,  or  property  of  any  character  necessary  for  the  pur- 
pose of  generating,  transmitting  and  distributing  the  same,  or  neces- 
sary for  the  proper  development  and  control  of  such  use  of  such  gas, 
heat,  refrigeration,  or  power,  either  at  the  time  of  the  taking  of  said 
property,  or  for  the  future  proper  development  and  control  thereof. 
[Amendment  approved  June  10,  1913;  Stats.  1913,  p.  544.  In  effect 
August   10,   1913.] 

Also  amended  March  22,  1911  (Stats.  1911,  p.  431),  and  April  28,  1911 
(Stats.  1911,  p.  1206). 

Citations.  Cal.  157/76;  160/46;  164/225,  231,  232,  233,  234,  237,  239; 
(subd.  3)  164/228,  237,  238;  (subd.  4)  164/227,  237.  App.  13/409,  410,  411, 
412,  418,  419,  422,  501;  15/694,  695;  (subd.  3)  13/410,  411;  (subd.  12) 
13/408,  409,  411,  418,  419,  422,  501;  (subd.  13)  13/408,  409,  411,  419,  422, 
501. 

Estates  subject  to  public  use. 

§  1239.  The  following  is  a  classification  of  the  estates  and  rights  in 
lands    subject    to    be    taken    for    public    use: 

1.  A  fee  simple,  when  talten  for  public  buildings  or  grounds,  or  for 
permanent  buildings,  for  reservoirs  and  dams,  and  permanent  flooding 
occasioned  thereby,  or  for  an  outlet  for  a  flow,  or  a  place  for  the 
deposit  of  debris  or  tailings  of  a  mine,  or  for  the  protection  of  water 
bearing  lands  from  drought  therefrom  of  any  character  whatsoever 
from  any  adjacent  lands,  or  when  the  property  is  taken  by  any  mutual 
water  system,  county,  city  and  county,  or  incorporated  city  or  town  or 
a  municipal  water  district,  or  other  political   subdivision. 

2.  An  easement,  when  taken  for  any  other  use;  provided,  however, 
that  when  the  taking  is  by  a  municipal  corporation,  and  is  for  the  pur- 
pose of  constructing,  equipping,  using,  maintaining  or  operating  any 
■works,  road,  railroad,  tramway,  power  plant,  telephone  line,  or  other 
necessary  works  or  structures,  for  the  preparation,  manufacture,  hand- 
ling or  transporting  of  any  material  or  supj)Iies  required  in  the  construc- 
tion or  completion  by  such  municij)al  coriioration  of  any  public  work, 
improvement,  or  utility,  a  fee  simple  ma3'  be  taken  if  the  legislative  body 
of  such  municipal  corporation  shall,  by  resolution,  determine  the  tak- 
ing  thereof    to    be    necessary;    and    provided,    further,    that,    when    any 


§  1240  CODE   OF   CIVIL   PROCEDURE.  62 

land  is  taken,  for  the  use  of  a  by-pass,  or  drainage  way,  or  overflow 
channel,  or  a  levee,  or  an  embankment,  or  a  cut  required  by  the  plans 
of  the  California  debris  commission  referred  to  in  that  certain  act  of 
the  legislature,  entitled  "An  act  approving  the  report  of  the  California 
debris  commission  transmitted  to  the  speaker  of  the  house  of  repre- 
sentatives by  the  secretary  of  war  on  June  27,  1911,  directing  the 
approval  of  plans  of  reclamation  along  the  Sacramento  river  or  its 
tributaries  or  upon  the  swamp  lands  adjacent  to  said  river,  directing 
the  state  engineer  to  procure  data  and  make  surveys  and  examinations 
for  the  purpose  of  perfecting  the  plans  contained  in  said  report  of  the 
California  debris  commission,  and  to  make  reports  thereof,  making 
an  appropriation  to  pay  the  expenses  of  such  examinations  and  sur- 
veys, and  creating  a  reclamation  board  and  defining  its  power,"  ap- 
proved December  2-4,  1911,  or  any  modifications  or  amendments  that 
may  be  adopted  to  the  same,  either  a  fee  simple  or  easement  may  be 
taken  as  the  reclamation  board  shall  by  resolution  determine  may  be 
necessary.  Such  resolution  shall  be  conclusive  evidence  that  a  taking  of 
a  fee   simple   or  easement,  as  the   case   may  be,  is  necessary. 

3.  The  right  of  entry  upon  and  occupation  of  lauds,  and  the  right 
to  take  therefrom  such  earth,  gravel,  stones,  trees,  and  timber  as 
may  be  necessary  for  some  public  use.  [Amendment  approved  June 
14,'  1913;    Stats.    1913,   p.   8.52.     In   effect   August   10,   1913.J 

Also  amended  April  5,   1911    (Stats.   1911,   p.   618). 

Citations.      App.   13/420,   423. 

Private  property  which  may  be  taken  for  public  use. 

§  1240.  The  private  property  which  may  be  taken  under  this  title 
includes: 

1.  All  real  property  belonging  to  any  person; 

2.  Lands  belonging  to  this  state,  including  tide  and  submerged  lands, 
not  within  the  corporate  limits  of  any  city,  or  city  and  county,  or  to 
any  county,  incorporated  city,  or  city  and  county,  village  or  town, 
not  appropriated  to   some   public  use; 

3.  Lands  belonging  to  the  United  States  or  owned  or  held  by  the 
United  States  in  trust,  or  otherwise,  for  any  purpose,  except  lands 
owned  or  held  for  lighthouses,  postoffices  or  other  government  build- 
ings,   forts,    arsenals,    or    other    military    purposes; 

4.  Property  appropriated  to  public  use;  but  such  property  shall  not 
be  taken  unless  for  a  more  necessary  public  use  than  that  to  which 
it  has  already  been  appropriated;  provided,  that  where  any  such  prop- 
erty has  been  so  appropriated  by  any  individual,  firm  or  private  cor- 
poration, the  use  thereof  for  a  public  street  or  highway  of  a  county, 
city  and  county,  or  incorporated  city  or  town  or  the  use  thereof  by  a 
country,  city  and  county,  incorporated  city  or  town  or  municipal  water 
district,  for  the  same  public  purpose  to  which  it  has  been  so  appro- 
priated, or  for  any  other  public  purpose,  shall  be  deemed  more  neees 
eary  uses  than  the  public  use  to  which  such  property  has  already  been 


63  CODE   OP    CIVIL.   PROCEDURE.  §  1240 

appropriated;  and  provided-,  further,  that  where  property  already  ap- 
propriated to  a  public  use  or  purpose,  by  any  person,  firm  or  private 
corporation,  is  sought  to  be  taken  by  a  county,  city  and  county,  incor- 
porated city  or  town,  or  municipal  water  district,  for  another  public 
use  or  purpose,  which  is  consistent  with  the  continuance  of  the  use  ot" 
such  property  or  some  portion  thereof  for  such  existing  purpose,  to 
the  same  extent  as  such  property  is  then  used,  or  to  a  less  or  modified 
extent,  then  the  right  to  use  such  property  for  such  proposed  public 
purpose,  in  common  with  such  other  use  or  purpose,  either  as  then 
existing,  or  to  a  less  or  modified  extent,  may  be  taken  by  such  county, 
city  and  county,  incorporated  city  or  town,  or  municipal  water  district, 
and  the  court  may  fix  the  terms  and  conditions  upon  which  such  prop- 
erty may  be  so  taken,  and  the  manner  and  extent  of  the  use  thereof 
for  each  of  such  public  purposes,  and  may  order  the  removal  or  relo- 
cation of  any  structures  or  improvements  therein  or  thereon,  so  far 
as  may  be  required  by  such  common  use.  But  property  appropriated 
to  the  use  of  any  county,  city  and  county,  incorporated  city  or  town 
or  municipal  water  district,  may  not  be  taken  by  any  other  county, 
city  and  county,  incorporated  city  or  town,  or  municipal  water  dis- 
trict, while  such  property  is  so  appropriated  and  used  for  the  public 
purposes  for  which  it  has  been  so  appropriated. 

5.  Franchises  for  any  public  utility,  and  all  kinds  of  property  of 
any  nature  whatsoever  used,  either  during  the  existence  of  or  at  the 
termination  of  said  franchise,  to  supply  and  furnish  the  service  of 
such  public  utility,  but  such  franchise  or  property  shall  not  be  taken 
except  for   a   more   necessary   public   use. 

6.  All  rights  of  way  for  any  and  all  the  purposes  mentioned  in  sec- 
tion 1238,  and  any  and  all  structures  and  improvements  on,  over, 
across  or  along  such  rights  of  way,  and  the  lands  held  or  vised  in  con- 
nection therewith  shall  be  subject  to  be  connected  with,  crossed,  or  in- 
tersected by  or  embraced  within  any  other  right  of  way  or  improve- 
ments, or  structures  thereon.  They  shall  also  be  subject  to  a  limited 
use,  in  common  with  the  owner  thereof,  when  necessary;  but  such 
uses,  crossings,  intersections,  and  connections  shall  be  made  in  man- 
ner most  compatible  with  the  greatest  public  benefit  and  least  private 
injury,  no  railroad  main  track  crossing,  outside  the  limits  of  any  in- 
corporated town,  city  or  city  and  county,  sHall  be  at  grade,  unless  the 
party  proposing  such  crossing  at  grade  shall,  at  its  own  sole  cost  and 
expense,  protect  such  crossing  by  the  construction,  operation  and  main- 
tenance of  an  interlocking  plant,  with  suitable  signals  and  derails;  but 
either  party  to  such  crossing  may  insist  upon  a  separation  of  grades, 
in  which  case  the  cost  of  constructing  such  crossing  with  separate 
grades  shall  be  equally  divided  between  the  railroad  companies  con- 
cerned; and  provided,  further,  that  where  any  such  crossing  has  been 
constructed  at  grade,  either  company  may,  at  any  time  thereafter, 
require  a  separation  of  the  grades  at  such  crossing,  each  company  pay- 
ing one-half  of  the  expense  of  such   separation;   and  provided,  further, 


§  1241  CODE   OF    CIVIL   PROCEDURE.  64 

that  the  foregoing  provisions  shall  not  be  construed  as  requiring  a 
separation  of  grarles  where  such  separation  is  physically  impracticable, 
and  in  case  of  any  dispute  or  controversy  as  to  the  physical  practica- 
bility of  any  undergrade  or  overhead  cro«!=ing,  the  same  shall  be  deter- 
mined by  the  superior  court  of  the  county  in  whi(^h  such  crossing  is 
situate  in  an  action  or  proceeding  brought  by  either  party  for  that 
purpose; 

7.  All  classes  of  private  property  not  enumerated  may  be  taken  for 
public   use,  when  such   taking  is   authorized  by  law; 

8.  Proceedings  to  condemn  lands  belonging  to  this  state  are  hereby 
authorized,  and  must  be  maintained  and  conducted  in  the  same  man- 
ner as  are  other  condemnation  proceedings  provided  for  in  this  title; 
except,  that  in  such  proceedings  the  summons  and  a  copy  of  the  com- 
plaint must  be  served  on  the  governor,  attornej'  general,  and  surveyor 
general  of  this  state. 

9.  Proceedings  to  condemn  any  of  said  lands  belonging  to  the  United 
States  or  owned  or  held  by  the  United  States  in  trust,  or  otherwise,  for 
any  purpose,  are  hereby  authorizc<i;  and  must  be  maintained  and  con- 
ducted in  the  same  manner  as  are  other  condemnation  proceedings  pro- 
vided for  in  this  title;  except,  that  in  such  proceedings,  the  summons 
and  a  copy  of  the  conijilaint  must  be  served  on  the  United  States  dis- 
trict aitorney  for  the  district  in  which  the  land  sought  to  be  condemned 
is  situated  and  also  upon  the  T'nited  States  surveyor  general  for 
fhis  state.  fAmendmcnt  approved  June  10,  1913;  Stats.  1913,  p.  547. 
In   effect    August    10,    1913.] 

.\lso  amonded  March  4,   1911    (Stats.   1911,  p.  280),  and  April  5,   1911    (Stati. 
1911,   p.    6'JO). 

Citations.      App.  13/409.   410,   411,   420.   421,  423;    (subd.    1)    13/421;    (sabd. 
6)    13/424:    (subd.   7)    13/421,   422. 

Facts  to  be  found  before  condemnation. 

§  1241.     Before    property   cau    be   taken,   it    must    appear: 

1.  That  the  use  to  which  it  is  to  be  applied  is  a  use  authorized  by 
law; 

2.  That  the  taking  is  necessary  to  such  use;  provided,  when  the 
legislative  body  of  a  county,  city  and  county,  or  an  incorporated  city 
or  town,  sliall,  by  resolution  or  ordinance,  adopted  by  vote  of  two- 
thirds  of  all  its  members,  have  found  and  determined  that  the  public 
interest  and  necessity  require  the  acquisition,  construction  or  comple- 
tion, by  such  county,  city  and  county,  or  incorporated  city  or  town, 
of  any  proposed  public  utility,  or  any  public  improvement,  and  that 
the  property  described  in  such  resolution  or  ordinance  is  necessary 
therefor,  such  rosohition  or  ordinance  shall  be  conclusive  evidence;  (a) 
of  the  public  necessity  of  such  proposed  public  utility  or  public  im- 
provement; (b)  that  such  property  is  necessary  therefor,  and  (c)  that 
such  proposed  public  utility  or  public  improvement  is  planned  or  lo- 
cated in  the  manner  which  will  be  most  compatible  with  the  greatest 
public  good,  and  the  least  private  injury;  provided,  that  said  resolu- 
tion   or    ordinance   shall    not    be   such    conclusive    evidence   in    the   case 


65  CODE   OF    CI\'IL   PROCEDURE.  §  1241 

of   the    taking  -by   any    county,    city    and    county,    or    incorporated    city 
or   town,   of   property    located   outside   of   the    territorial  limits   thereof. 

3.  If  already  appropriated  to  some  public  use,  that  the  public  use  to 
which  it  is  to  be  applied  is  a  more  necessary  public  use,  provided,  that 
where  such  property  has  been  so  appropriated  by  any  individual,  firm 
01  private  corporation  the  use  thereof  for  a  public  street  or  highway 
of  a  county,  city  and  county,  or  any  incorporated  city  or  town,  or  the 
use  thereof  by  a  county,  city  and  county,  or  any  incorporated  city  or 
town,  or  a  municipal  water  district  for  the  same  purposes  to  which  it 
has  been  appropriated,  or  for  any  public  purpose,  shall  be  deemed  a 
more  necessary  use  than  the  public  use  to  which  such  property  has  been 
already  appropriated;  and  provided,  further,  that  property  of  any  char- 
acter, whether  already  appropriated  to  i)ublic  use  or  not,  including  all 
rights  of  any  nature  in  water,  owned  by  any  person,  firm  or  private 
corporation  may  be  taken  by  a  county,  city  and  county,  or  any  incor- 
porated city  or  town  or  by  a  municipal  water  district,  for  the  purpose 
of  supplying  water,  or  electricity  for  power,  lighting  or  heating  pur- 
poses to  such  county,  city  and  county,  or  incorporated  city  or  town, 
or  municipal  water  district,  or  the  inhabitants  thereof,  or  for  the 
purpose  of  supplying  any  other  public  utility,  or  for  any  other  public 
use.  And  such  taking  may  be  made,  either  to  furnish  a  separate  and 
distinct  supply  of  such  water,  and  such  electricity  for  power,  lighting 
or  heating  purposes,  or  to  provide  for  any  such  separate  and  distinct 
other  public  utility  or  other  public  use;  or  to  furnish  such  a  supply  or 
provide  for  any  such  other  public  utility  or  other  public  use  in  conjunc- 
tion with  any  other  supply  or  with  any  other  public  utility  or  other 
public  use  that  may  have  been  theretofore  provided  for  or  that  may 
thereafter  be  provided  for  in  so  supplying  or  providing  for  such  county, 
city  and  county,  or  incorporated  city  or  town,  or  municipal  water  dis- 
trict or  the  inhabitants  thereof;  or  in  conjunction  with  any  other  sup- 
ply or  with  any  other  public  utility  or  other  public  use  that  may  have 
been  theretofore  determined  upon  or  that  may  thereafter  be  determined 
upon  in  accordance  with  law  by  the  people  of  any  such  county,  city 
and  county,  incorporated  city  or  town  or  municipal  water  district. 
Nothing  herein  contained  shall  be  construed  as  in  any  way  limiting 
such  rights  as  may  be  given  by  any  other  law  of  this  state  to  counties, 
oities  and  counties,  incorporated  cities  or  towns  or  municipal  water  dis- 
tricts. But  private  property  appropriated  to  the  use  of  any  county,  city 
and  county,  incorporated  city  or  town,  or  municipal  water  district,  may 
not  be  taken  by  any  other  county,  city  and  county,  incorporated  city 
or  town,  or  municipal  district,  while  such  property  is  so  appropriated 
and  used  for  the  public  purposes  for  which  it  has  been  so  appropriated. 
[Amendment  approved  June  10,  1913;  Stats.  1913,  p.  549.  In  effect 
August   10,  1913.] 

Also  amended  March  4,  1911    (Stats.  1911,  p.  280),  and  April  5,  1911    (Stats. 

1911,   p.   620). 

Citations.     App.  13/407,   420,   421,   501. 

5 


§§  1242-1244  CODE  of  civil  procedure.  6f 

§  1242. 

citation*.     App.  13/505. 

Jurisdiction  in  superior  court.  When  plaintiff  is  county,  etc.  How 
proceedings  are  commenced.  Lis  pendens. 
§  1243.  All  proceeflings  under  this  title  must  be  comnienccil  in  the 
BupfTior  court  of  the  county  in  which  the  property  sought  to  be  taken 
is  .situated;  provided,  that  where,  of  any  one  piece  or  article  of  prop- 
erty, or  of  any  one  interest  in  or  to  property,  sought  to  be  taken,  a 
portion  thereof  is  situated  in  one  county  and  another  portion  thereof  is 
situated  in  another  county,  the  plaintiff  may  commence  such  proceed- 
ings in  any  of  the  counties  where  any  portion  of  such  piece  or  article 
of  property,  or  interest  in  or  to  property,  is  situated,  and  the  county 
BO  selected  is  the  proper  county  for  the  trial  of  such  proceedings;  and 
provided,  further,  that  when  the  plaintiff  is  a  county,  city  and  county, 
incorporated  city  or  town,  or  a  municij^al  water  district,  and  the  prop- 
erty sought  to  be  taken  is  situated  in  more  than  one  county,  then  the 
proceeding  may  be  brought,  at  the  option  of  the  plaintiff,  in  any  countv 
wherein  is  situated  any  of  the  property  sought  to  be  taken,  and  said 
proceeiling  may  be  trieil  in  said  county,  with  reference  to  any  prop- 
erty situated  in  the  state;  provided,  however,  that  the  right  in  this 
section  granted  to  any  plaintiff  to  commence  and  try  an  action  in  any 
county  other  than  the  county  in  which  may  be  located  any  property 
in  said  action  sought  to  be  taken,  shall  he  limited  to  property  which 
is  owned  by  the  defendant,  or  by  the  defendant  in  common  with  the 
other  defendants,  or  some  of  them.  All  such  proceedings  must  be  com- 
men<-ed  by  filing  a  complaint  and  issuing  a  summons.  The  provisions 
of  this  code  fur  the  change  of  place  of  trial  of  actions  shall  apply  to 
proct'Cflings  under  tliis  title  except  as  in  this  section  otherwise  provided 
Notliing  herein  contained  shall  be  construed  to  repeal  any  law  of  this 
state  giving  jurisdiction  to  the  state  railroad  commission  to  ascertain 
the  just  compensation  which  must  be  paid  in  eminent  domain  proceed- 
ings. A  lis  pendens  shall  be  filed  at  the  time  of  the  commencement  of 
the  action  in  every  countv  in  which  any  of  the  property  to  he  affected 
shall  he  located.  [Amendment  approved  May  29,  1913;  Stats.  1913,  p. 
349.  In  effect  August  10,  1913.] 
Citations.      App.   17/662. 

Complaint  in  eminent  domain  proceedings. 
§  1244.     The    complaint    must    contain: 

1.  The  name  of  the  corporation,  association,  commission,  or  person  in 
charge  of  the  public  use  for  which  the  property  is  sought,  who  must 
be   styled   plaintiff. 

2.  The  names  of  all  owners  and  claimants  of  the  proinrty,  if  known. 
or  a  statement  that  they  are  unknown,  who  must  be  styled  defendants. 

3.  A  statement  of  the  right  of  the  plaintiff. 


67  CODE   OF    CIVIL    PROCEDURE.  §§  1246--1248 

4.  If  a  right  of  way  be  sought,  the  complaint  must  show  the  location, 
general  route,  and  termini,  and  must  be  accompanied  with  a  map 
thereof,  so  far  as  the  same  is  involveii  in  the  action  or  proceeding. 

5.  A  description  of  each  piece  of  land,  or  other  property  or  interest 
in  or  to  property,  sought  to  be  taken,  and  whether  the  same  includes 
the  whole  or  only  a  part  of  an  entire  parcel  or  tract  or  piece  of  prop- 
erty, or  interest  in  or  to  property.  All  parcels  of  land,  or  other  prop- 
erty or  interest  in  or  to  property,  lying  in  the  county,  and  required  for 
the  same  public  use,  may  bo  included  in  tiie  same  or  separate  proceed- 
ings, at  tlie  option  of  the  plaintilf.  but  the  court  may  consolidate  or 
separate  them  to  suit  the  convenience  of  the  parties.  When  applica- 
tion for  the  condemnation  of  a  right  of  way  for  the  purpose  of  sewer- 
age is  made  on  behalf  of  a  settlement,  or  of  an  incorporated  A'illage  or 
town,  the  board  of  supervisors  of  the  county  may  be  named  as  plaintiff. 
[Amendment  approved  June  10,  1913;  Stats.  1913,  p.  555.  In  effect 
August  10,  1913.] 

Citations.      Csl.    164/240.      App.   13/502;    14/789;    (subd.   5)    14/789. 

§  1246. 

Citations.     Cal.  164/240. 

§  1247. 

CiUtions.      Cal.    164/240.      App.    10/6G5. 

Court  may  regulate  removing  structures. 

§  1247a.  The  court  sluill  also  have  power  to  regulate  and  determine 
the  place  and  manner  of  removing  or  relocating  structures  or  improve- 
ments, or  of  enjoying  the  common  use  mentioned  in  the  fourth  sub- 
division of  section  1240.  [New  section  approved  April  5,  1911;  Stats. 
1911,   p.   622.] 

Value    of   property.    Damages   to   remainder.     Benefits. 

§  1248.  The  court,  jury,  or  referee  must  hear  such  legal  testimony 
as  may  be  offered  by  any  of  the  parties  to  the  proceedings,  and  there- 
upon must  ascertain  and  assess: 

1.  The  value  of  the  property  sought  to  be  condemned,  and  all  im- 
provements thereon  pertaining  to  the  realty,  and  of  each  and  every 
separate  estate  or  interest  therein;  if  it  consists  of  different  parcels, 
the  value  of  each  parcel  and  each  estate  or  interest  therein  shall  be 
separately  assessed; 

2.  If  the  property  sought  to  be  condemned  constitutes  only  a  part  of 
a  larger  parcel,  the  damages  which  will  accrue  to  the  portion  not 
sought  to  be  condemned,  by  reason  of  its  severance  from  the^  portion 
sought  to  be  condemned,  and  the  construction  of  the  improvement  in 
the  manner  proposed  by  ttie  plaintiff; 

3.  Separately,  how  much  the  portion  not  sought  to  be  condemned, 
and  each  estate  or  interest  therein,  will  be  benefited,  if  at  all,  by  the 
construction  of  the   improvement  proposed  by  the  plaintiff;    and  if  the 


§  1248a  CODE  OF  CH'IL  PROCEDURE.  68 

benefit  shall  be  equal  to  the  damages  assessed  under  snbdiTision  2,  the 
owner  of  the  parcel  shall  be  allowed  no  compensation  except  the  value 
of  the  portion  taken;  but  if  the  benefit  shall  be  less  than  the  damages 
BO  assessed,  the  former  shall  be  deducted  from  the  latter,  and  the  re- 
mainder shall  be  the  only  damages  allowed  in   addition   to  the  value; 

4.  If  the  [iroperty  sought  to  be  condemned  be  water  or  the  use  of 
water,  belonging  to  riparian  owners,  or  appurtenant  to  any  lands,  how 
much  the  lands  of  the  riparian  owner,  or  the  lands  to  which  the  prop- 
erty sought  to  be  condemned  is  appurtenant,  will  be  benefited,  if  at  all, 
by  a  diversion  of  water  from  its  natural  course,  by  the  construttinn 
and  maintenance,  by  the  person  or  corporation  in  whose  favor  the  right 
of  eminent  domain  is  exerciseil,  of  wurks  for  the  distribution  and  con- 
venient delivery  of  water  upon  said  lands;  and  such  benefit,  if  any.  shall 
be  deducted  from  any  damages  awarded   the  owner  of  such  property. 

."j.  If  the  property  sought  to  be  condemned  De  for  a  railroad,  the 
cost  of  good  and  sufTicient  fences,  along  the  line  of  such  railroad,  and 
the  cost  of  cattle  guards,  where  fences  may  cross  the  line  of  such  rail- 
road; 

(3.  If  the  removal  or  relocation  of  structures  or  improvements  is 
sought,  the  cost  of  such  removal  or  relocation  and  the  damages,  if  any, 
wliirh   will   accrue  by   reason   tlicreof; 

7.  As  far  as  practicable,  coinjtensation  must  be  assessed  for  each 
source   of   damages   separately. 

8.  When  the  property  sought  to  be  taken  is  encumbered  by  a  mort- 
gage or  other  lien,  and  the  indi-btetlness  secured  thereby  is  not  due 
at  the  time  of  the  entry  of  the  judgment,  the  amount  of  such  indebted- 
ness may  be,  at  the  option  of  the  plaintiff,  deducted  from  the  judg- 
ment, and  the  lien  of  the  mortgage  or  other  lien  shall  be  continued 
until  such  indebtedness  is  paid.  |.\mendment  approved  May  22,  1913; 
Stats.  191.3,  p.  2;U>.     In  effect  .\ugust   10.  191.-}.] 

Alio    amended  April   5,    1911;    St«tf.    1911,    p.    633. 
Citations.      App.    19/663,   665. 

Condemnation  of  land  for  railroads. 

§  1248a.  In  any  proceciiing  taken  under  the  provisions  of  this  title, 
where  any  railroad,  street  or  interurban  railway  tracks  are  situated 
on,  upon,  along  or  across  any  lands  or  rights  of  way  suught  to  be 
taken  therein,  for  road,  highway,  boulevard,  street  or  alley  purj>osos, 
or  for  the  purposes  of  a  right  of  way  for  any  jiublic  utility  to  be 
constructed,  completed  and  maintained  by  a  county,  city  and  county, 
or  any  incorporated  city  or  town,  or  by  a  municipal  water  district, 
the  p'laintilV  shall,  if  the  complaint  contains  a  prayer  therefor,  an<l 
shows  the  matter  hereinafter  provided,  obt:un  a  final  judgment  of 
condemnation  ordering,  in  ad«lition  to  the  condemnation  of  such  lands 
or  right  of  way  for  the  purposes  set  forth  in  the  complaint,  the  reloca- 
tion or  removal  of  any  railroad,  street  or  interurban  railway  tracks 
thereon.     Where   the   removal  or   relocation   ot  such   tracks  is   sought   in 


69  CODE  OF    CIVIL   PROCEDURE.  §§  1249-1251 

any  such  proceedings,  the  complaint  must  contain  a  description  of  the 
location  and  proposed  location  of  such  tracks,  and  must  be  accompanied 
by  a  niaj)  showing  such  location  and  the  proposed  location  of  such 
tracks.  The  compensation  to  be  paid  for  such  relocation  or  rf  moval  of 
tracks  shall  bo  ascertained  and  assessed  in  the  action,  as  in  other  cases, 
and  separately  from  other  sources  of  damage.  [Amendment  approved' 
May  22,   lOl.s";   Stats.   1913,  p.  240.     In   effect  August    10,   1913.] 

This   section  was   added  to   the  code   April   10,   1911    (Stats.    1911,   p.   853). 

Date  from  which  compensation  shall  be  assessed.  Damage  on  letting 
into  possession. 
§  1249.  For  the  purpose  of  assessing  compensation  and  damages  the 
right  thereof  shall  be  deemed  to  have  accrued  at  the  date  of  the  issuance 
of  summons  and  its  actual  value  at  that  date  shall  be  the  measure  of 
compensation  for  all  property  to  be  actually  taken,  and  the  basis  of 
damages  to  projierty  not  actually  taken  but  injuriously  affected,  in  all 
cases  where  such  damages  are  allowed  as  provided  in  section  1248;  pro- 
vided, that  in  any  case  in  which  the  issue  is  not  tried  within  one  year 
after  the  date  of  the  comnieucemeut  of  the  action,  unless  the  delay  is 
caused  by  the  defendant,  the  compensation  and  damages  shall  be  deemed 
to  have  accrued  at  the  date  of  the  trial.  Nothing  in  this  section  con- 
tained shall  be  construed  or  held  to  affect  pending  litigation.  If  an 
order  be  made  letting  the  plaintiff  into  possession,  as  provided  in  section 
1254,  the  compensation  and  damages  awarded  shall  draw  lawful  interest 
from  the  date  of  such  order.  No  improvements  put  upon  the  property 
subsequent  to  the  date  of  the  service  of  summons  shall  be  included  in 
the  assessment  of  comjtensation  or  damages.  [Amendment  approved 
April  10,   1911;   Stats.   1911,  p.   842.] 

Citations.      Cal.  156/414.      App.   10/380,   381;   19/563,   564. 

Pajrment  of  assessment.     Time  of  litigation  excluded. 

§  1251.  The  plaintiff  must,  within  thirty  days  after  final  judgment, 
pay  the  sum  of  money  assessed.  In  case  the  plaintiff  is  the  state  of 
California,  or  is  a  public  corporation,  and  it  appears  by  affidavit  that 
bonds  of  said  state  or  public  corporation  must  be  issued  and  sold  in 
order  to  provide  the  money  necessary  to  pay  the  sum  assessed,  then 
such  sum  may  be  paid  at  any  time  within  one  year  from  the  date  of 
such  judgment;  provided,  further,  that  if  the  sale  of  any  such  bonds 
cannot  be  had  by  reason  of  litigation  affecting  the  validity  thereof, 
then  the  time  during  which  such  litigation  is  pending  shall  not  be  con- 
sidered a  part  of  the  one  year's  time  in  which  such  payment  must  be 
made.  In  case  the  use  is  for  railroad  purposes,  the  plaintiff  may,  at 
the  time  of  or  before  payment,  elect  to  build  the  fences  and  cattle- 
guards;  and  if  he  so  elect,  shall  execute  to  the  defendant  a  bond,  with 
sureties  to  be  approved  by  the  court  in  double  the  assessed  cost  of 
the  same,  to  build  such  fences  and  cattle-guards  within  eighteen  months 
from  the  time  the  railroad  is  built  on  the  land  taken,  and  if  such  bond 


§§  1252-1255a         code  of  cn'iL  procedure.  70 

be  given,  need  not  pay  the  cost  of  such  fencee  and  cattle-gnards.  In  an 
'  action  on  such  bond,  the  plaintiff  may  recover  reasonable  attorney's 
fees.  In  case  of  property  being  taken  by  the  state  or  any  county,  or 
city  and  county,  for  highway  purposes,  the  state  or  such  county,  or 
city  and  county,  may  elect  to  build  the  fentee  for  which  damages  mny 
have  been  assessed  and  in  such  case  the  amount  assossed  shall  be  de- 
posited with  the  clerk  of  the  court  having  juri?<liction  of  the  action. 
and  if  such  fences  are  not  constructed  within  one  year  from  the  date 
of  judgment  the  said  money  ghall  be  j)aid  to  the  defendant  or  defend- 
ants entitled  thereto,  or  to  his  or  their  order,  who  shall  immediately 
build  such  fences.  In  case  the  state,  or  county,  or  city  and  county, 
builds  said  fences  the  moneys  deposited  shall  be  returned  to  said  state 
or  county,  or  city  and  county,  and  in  case  the  said  moneys  are  paid 
to  the  owner  or  owners  of  the  lands  condemned  anfl  are  not  nsed  for 
said  pur|)Oses,  within  one  year  from  the  date  of  judgment,  the  same 
may  be  recovered  by  said  state,  or  county,  or  citv  and  eotintv.  [Amend- 
ment approved  May  22,  1913;  Stats.  1913,  p.  241.  In  effect  Anguat  10, 
1913.] 

Also  amended  Febniarr  28.  1911    (Stati.  1911,  p.  92). 
Citations.      App.   6/580,  581,  583. 

§  1252. 

Citations.      App.   6/580,   581. 

§  1253. 

Citations.      App.    8/581. 

§   1254. 

CiUtions.      App.    19/652,   633,  654,   655,   850,  657,  858,  650. 

§  1255, 

Citations.     App.   8/581. 

Abandonment  of  condemnation  proceedings. 

§  1255a.  PhiintilV  may  alMiidun  tlio  proceedings  nt  any  time  after 
filing  the  complaint  and  before  the  expiration  of  thirty  days  :ifter  final 
judgment,  by  serving  on  defendant  and  filing  in  court  a  written  notice 
of  such  abandonment;   and   failure   to  comply    with   se  *  '•"!    of  this 

code  shall  constitute  an   implietl   abandonment   of  the   :  ,'.      Upon 

such  ab.'indonmont,  express  or  imidied.  on   motion  of  d- ...;.  a  jndg 

ment  sliall  be  entered  dismissing  the  proceeding  and  awarding  the  defend- 
ant his  costs  and  disbursements,  which  shall  include  all  necessary  ex- 
penses incurred  in  preparing  for  trial  and  reasonable  attorney  fees. 
These  costs  and  disbursements,  including  expenses  and  attorney  fees, 
may  be  claimed  in  and  by  a  cost  bill,  to  be  jirepared,  served,  filed  and 
taxed  as  in  civil  actions;  provided,  that  said  costs  and  disbursements 
shall  not  include  expenses  incurred  iu  preparing  for  trial  where  the  said 


71  CODE   OF    CIVIL    PROCEDURE.  §§  125G-1290 

action  is  dismissed  forty  days  prior  to  the  time  set  for  the  trial  of  the 
said   action.     [New  section  added  March  17,  1911;  Stats.   1911,  p.  377.] 

§  1256. 

Citations.      App.    10/381;    17/662,  664. 

§   1257. 

Citations.      App.   10/381;    19/653,   654,  657,   653. 

§  1262. 

Citations.     App.   10/381. 

§   1263. 

Citations.     App.   15/695. 

§  1275. 

Citations.     Cal.   158/605. 

§  1276. 

Citations.      Cal.   158/605,   607,   609. 

§  1277. 

Citations.      Cal.    158/607,   608. 

§  1278. 

Citations.     Cal.   158/609. 

§  1279. 

Citations.     Cal.   158/605. 

§  1281. 

Citations.      Cal.   163/1^8.      App.   12/231,  238. 

§  1283. 

Citations.   Cal.  159/157;  163/100,  189,  190.   App.  9/611;  12/231,  238. 

§  1285. 

Citations.      Cal.   163/188,    192.     App.    9/611;    12/231,    238, 

§  1286. 

Citations.      Cal.   163/188,    189,    192. 

§  1287. 

Citations.     Cal.   159/156. 

§  1290. 

Citations.      Cal.   163/188.      App.   12/231,    238. 


§§  1294-1315  CODE   OF   CIVIL   PROCEDURE. 


72 


§  1294. 

Citations.      Cal.    156/91;    158/5. 

§   1299. 

Citations.      Cal.    158/359;    160/472. 

§   1301. 

Citations.      Cal.   160/472. 

§   1304. 

Citations.      Cal.    163/297. 

§    1306. 

Citations.      Cal.    163/297;    164/579. 

§   1307. 

Citations.      Cal.   164/579. 


§  1308. 
Citations. 


Cal.    ir..'.  T41  :    164 /.'.TO. 


Probate  of  will   detained   outside  state.     Pbotographic   copy. 

§  1310.  If  it  is  alleged  in  any  petition  that  any  will  uf  any  per- 
son who  at  the  time  of  iii.s  doath  was  a  rosiih'nt  of  this  state  is  de- 
tained beyond  the  jurisdiction  of  the  state,  in  a  court  of  any  other 
state  or  foreign  country,  and  that  such  will  cannot  be  produced  for 
probate  in  tiiis  state,  and  the  court  is  satisfied  that  the  alleviations  are 
true,  a  copy  of  the  will  <luly  authenticated  may  be  proved,  allowed  and 
admitted  to  (irobate  in  this  state  in  lieu  of  the  original  will,  and  have 
the  same  force  and  effect  as  the  original  will.  The  same  proof  shall 
be  required  in  orilor  to  admit  the  will  to  probate  in  this  state  as  would 
be  rcipiircd  under  the  provisions  of  this  title  if  the  original  will  were 
jiroducccl.  The  court  may  authorize  a  photographic  copy  of  the  will  to 
be  presented  to  the  subscribing  witness  upon  his  examination  in  court, 
or  by  deposition  as  provided  in  section  1308.  and  such  witness  may  be 
asked  the  same  questions  with  re»i)ect  to  it  and  the  handwriting  of 
himself,  the  testator,  and  the  other  witness,  as  would  be  pertinent  and 
competent  if  the  original  will  were  present.  [New  section  approved 
May   30,    1913;    Stats.    1913,   p.   333.     In    effect    August    10,    1913.J 

§   1312. 

Citations.      Cal.    l.*");')   4.rJ,   4.".5;   158    3  39;   162/195;   164/579. 


§  1313. 

Citations. 

§   1315. 
Citations. 


Cal.    159/167. 


Cal.    Kil    148. 


73 


CODE   OF    CIVIL    PROCEDURE. 


§§  1322-1366 


Wills  proved  in  other  states. 

§  1322.  All  wills  <liily  jnovod  and  allowed  in  anj'  other  of  the  United 
States,  or  in  any  forei^jn  country  or  state,  may  be  allowed  and  recorded 
in  the  superior  court  of  any  county  in  which  the  testator  shall  have  left 
anv  estate,  or  shall  have  been  a  resident,  at  the  time  of  his  death. 
[Amendment  approved  February  28,   1911;   Stats.   1911,  p.  88.] 


§  1323. 
Citations. 


Cal.    16-1/140,   141,   143. 


§  1324. 

Citations. 


Cal.    1C4/140,    143. 


§   1327. 
Citations. 

§  1328. 
Citations. 

§  1330. 

Citations. 


Cal.    159/427,    428;    164/480.      App.    8/577. 


Cal.    155/391;    160/471.      App.    8/577. 


Cal.    155/441. 


§    1333. 

Citations. 

§  1339. 
Citations. 

§  1350. 

Citations. 

§  1350a. 
Citations. 

§  1351. 
Citations. 

§  1356. 

Citations. 

§  1365. 

Citations. 
1)    159    548; 
8)    8/257. 


Cal.  155/442;  156/313. 


Cal.  155/632,  633,  634.   App.  13/519;  19/191. 


Cal.  155/393;  164/141. 


Cal.  155/393,  394;  161/12 


Cal.  159/27. 


App.  12/112. 


Cal.  155/393,  394;  158/443;  163/443.  444;  164/141,  316;  (subd. 
163/444.   App.  8/288,  289,  625,  626;  9/695,  696,  697;  (subd. 


Relatives  of  whole  blood  preferred  to  half  blood. 

§  1366.     Of    several    persons    claiming    and    equally    entitled    to    ad- 
minister,  relatives    of   the   whole   blood   must   be   preferred   to   those    of 


§§  1367-1402  CODE  OF  civil  procedure.  74 

the  half  blooil.     [Amenrlment   approved  June   10,   1913;   Stats.   1913,  p. 
567.     In  efifect  August  10,  1913.] 
Citations.      App.   9/695. 

§   1367. 

Citations.      App.   9/695,   697. 

§  1368. 

Citations.      App.   8/626;   9/695,   696,   697. 

§  1369. 

Citations.      Cal.    161/12;   163/4U,  442.      App.   8/626;   9/696. 

§   1374. 

Citations.      App.   8/256. 

§   1379. 

Citations.      App.    9/f.95.   690,   697. 

§   1383. 

Citations.      Cal.    lf..T/441,   442,   444,   445. 

§  1384. 

Citations.      Cal.    163/441. 

§  1385. 

Citations.      Cal.    163/441. 

§   1386. 

Citations.      App.    8/288. 

§   1388. 

Citations.      App.    10/167. 

§  1397. 

CiUtions.      App.    10/167. 

§  1398. 

Citations.      App.    10/167. 

§   1399. 

Citations.      App.    10/165,   167. 

§   1400. 

Citations.     App.   lO'lC).''i,   167. 

§  1402. 

Citations.      App.    10/1C7. 


75 


CODE   OF    CIVIL   PROCEDURE. 


§§  1411-1444 


§  1411. 

Citations.      Cnl.   164/192.      App.   8/625;   14/484,  485. 

§  1412. 

Citations.      Cal.   157/380;   164/192.     App.   8/625. 

§  1413. 

Citations.     App.   8/625. 

§  1415. 

Citations.      Cal.   157/380;  164/192,  193,  194. 

§  1416. 

Citations.      Cal.   164/191,   192. 

§   1417. 

Citations.     App.   15/5G0. 

§  1426. 

Citations.      App.    14/484,  485. 

§  1427. 

Citations.      Cal.   162/41.      App.   8/625. 

§  1430. 

Citations.      Cal.   159/545,   547.      App.   8/257. 

§  1431. 

Citations.      App.   8/256,   257. 


§  1432. 

Citations. 


App.    8/257,   258. 


§  1433. 

Citations.      App.   8/257;  16/504. 


§  1436. 
Citations. 


App.    18/262. 


§  1443. 

Citations.      App.   15/371. 

Appraisers  of  estates  of  deceased  persons. 

§  144:-4,     To  make  the  appraisement,  the  court,  or  a  judge  thereof,  must 
appoint   three   disinterested   persons,   one   of  whom   must   be   one  of   the 
inheritance  tax  appraisers  provided  for  by  law   (any  two   of  which  ap-. 
praisers  may  act);  provided,  that  the  court  may,  in  its  discretion,  appoint 
said  inheritance  tax  appraiser  as  sole  appraiser  to  approve  said  estate. 


§§  1447-1469 


CODE  OF  CIVIL  procedure:. 


76 


Said  appraisers  are  entitled  to  receive  a  reasonable  compensation  for 
their  services,  not  to  exceed  five  dollars  per  day,  to  be  allowed  by  the 
court  or  judge.  The  appraisers  or  appraiser  must,  with  the  inventory, 
file  a  verified  account  of  their  or  his  services  and  disbursements.  If 
any  part  of  the  estate  is  in  any  other  county  than  that  in  which  letters 
issued,  an  appraiser  or  appraisers  thereof  may  in  the  same  manner  as 
above  provided,  be  appointe*!.  either  by  the  court  or  judge  having  juris- 
diction of  the  estate,  or  by  the  court  or  judge  of  such  other  county,  on 
request  ct  the  court  or  judge  having  jurisdiction.  No  clerk  or  deputy, 
nor  any  person  related  by  consanguinity  or  aflinity  to  or  connected  by 
marriage  with,  or  being  a  partner  or  employee  of  the  judge  of  the  court, 
shall  be  appointed  or  shall  be  competent  to  act  as  appraiser  in  any  estate, 
or  matter  or  proceeding  pending  before  said  judge  or  in  said  court. 
[Amendment  approved  April  7,  1911;  iStata.  19il,  p.  712.J 


§  1447. 
Citations. 


App.   17/483. 


§  1452. 

Citatlonj.      Gal.   158/724;   161/75.      App.    12/557. 

§  1453. 

Citations.     App.   12/557. 

§  1464. 

Citations.     Cal.   164/640. 

§   1465. 

Citations.   Cal.  156/237;  157/519,  521.  527;  158/423.  424;  159/161;  162/ 
255. 

§  1466. 

Citations.   Cal.  156/237;  157/519.  ."iai,  527;  158/423,  424;  162/253,  254. 
25.^..  J.-);;  164/640,  641.   App.  13/118. 


§  1467. 
Citations. 


Cal.  157/521. 


§  1468. 

CitaUons.   Cal.  157/521;  158/423,  424;  l,-i9/161; 


164/370. 


Administration  of  estates  not  exceeding  fifteen  hundred  dollars  In  •ralne. 
§  1169.  If  a  dfcoasod  person  leave  a  widow  or  minor  child  or  iniuor 
chfldren  and  upon  the  return  of  the  inventory  of  the  estate  of  such 
dece;ised  person  it  shall  appear  to  the  court  or  a  judge  thereof  by  the 
verified  petition  of  the  personal  representative  of  such  deceased  person 
or  of  his  widow  or  of  his  minor  children  or  child  or  of  the  guardian  ot 
such  minor  children  or  of  any  of  them  that  the  net  value  ot  the  whole 


77  CODE   OF    CIVIL    PROCEDURE.  |§  1474-1485 

estate  of  said  deceased  over  aird  above  all  liens  or  encumbrances  of 
record  at  the  date  of  the  death  of  said  deceased  does  not  exceed  the  sum 
of  fifteen  hundred  dollars,  the  court,  or  a  judge  thereof  shall,  by  order, 
require  all  persons  interested  to  appear  on  a  day  fixed  to  show  cause  why 
tlio  wiiole  of  said  estate  should  not  be  assigned  for  the  use  and  support 
of  tlie  family  of  the  deceased.  Notice  thereof  shall  be  given  and  j)ro- 
ceedings  had  in  the  same  manner  as  provided  in  sections  IGIVS.  1GM5  and 
1638  of  this  code.  If,  upon  the  hearing,  the  court  finds  that  the  net 
value  of  the  estate  over  and  above  all  liens  or  encumbrances  of  record 
at  the  date  of  death  of  said  deceased  does  not  exceed  the  sum  of  fifteen 
hundred  dollars,  it  shall,  by  decree  for  that  purpose,  assign  to  the  widow 
of  the  deceased,  if  there  be  a  widow,  or  if  there  be  no  widow,  then  to 
the  minor  children  of  the  deceased,  if  there  be  minor  children,  the  whole 
of  the  estate,  subject  to  whatever  mortgages,  liens,  or  encumbrances 
there  may  be  upon  said  estate  at  the  time  of  the  death  of  said  deceased, 
after  the  payment  of  the  expenses  of  the  last  illness  of  the  deceased, 
funeral  charges,  and  expenses  of  administration,  and  the  title  thereof 
shall  vest  absolutely  in  such  widow,  if  there  is  a  widow,  or  if  there  is 
no  widow,  in  the  minor  children  or  child,  subject  to  whatever  mortgages, 
liens  or  encumbrances  there  may  be  upon  said  estate  at  the  time  of  the 
death  of  the  deceased,  and  there  must  be  no  further  proceedings  in  the 
administration,  unless  further  estate  be  discovered.  [Amendment  ap- 
proved  March  25,   1911;   Stats.   1911,   p.  498.] 

Citations.      Cal.    158/420,   421,  422,   423,   424,   429. 

Rights  of  survivor  to  homestead. 

§  1474.  If  the  homestead  selected  by  the  husband  and  wife,  or  either 
of  them,  during  their  coverture,  and  recorded  while  both  are  living,  was 
selected  from  the  community  property,  or  from  the  separate  property  of 
the  persons  selecting  or  joining  in  the  selection  of  the  same,  it  vests, 
on  the  death  of  the  liusband  or  wife,  absolutely  in  the  survivor.  If  the 
homestead  was  selected  from  the  separate  property  of  either  the  husband 
or  wife,  without  his  or  her  consent,  it  vests,  on  the  death  of  the  person 
from  whose  property  it  was  selected,  in  his  or  her  heirs,  or  devisees,  sub- 
ject to  the  power  of  the  superior  court  to  assign  it  for  a  limited  period 
to  the  family  of  the  decedent.  In  either  case  it  is  not  subject  to  the 
payment  of  any  debt  or  liability  contracted  by  or  existing  against  the 
husband  and  wife,  or  either  of  them,  previous  to  or  at  the  time  of  the 
death  of  such  husband  or  wife,  except  as  provided  in  the  Civil  Code. 
[Amendment   approved   March    1,   1911;    Stats.    1911,   p.    254.] 

Citations.      Cal.   lGl/21,   290;    162/309,   310,   312,   313,    314;    163/244.     App. 
12/352,   358;   16/336,   342,   343,   345. 

§  1475. 

Citations.      Cal.   155/272,  802,  804;   161/288;   163/244. 

§  1485. 

Citations.      Cal.   155/804. 


§§  1490-1497  CODE  OF  crv'iL  procedure.  76 

Notice  to  creditors  of  deceased  persons; 

§  1490.  Every  executor,  or  ndniinistrator  must,  imme<iiatelv  after  bis 
apjiointmont,  cause  to  be  published  in  some  new8pai)er  of  the  county, 
if  there  be  one,  if  not,  then  in  such  newspaper  as  may  be  deBignatod  by 
the  .iudjje  or  court,  a  notice  tn  ihp  creditors  of  the  decMcnt,  requiring 
all  persons  having  claims  against  him  to  exhibit  them,  with  the  necessary 
vouchers,  to  the  executor  or  administrator,  at  the  placo  of  his  resi- 
dence or  business,  to  be  specified  in  the  notice,  provided,  that  said  resi- 
dence or  place  of  business  shall  be  in  tho  county  in  which  said  proceed- 
ing is  had.  Such  notice  must  be  published  afl  often  as  the  court  or 
judge  shall  direct,  but  not  less  than  once  a  week  for  four  weeks.  The 
court  or  judge  may  also  direct  additional  notice  by  publication  or  post- 
ing. In  case  such  executor  or  administrator  resigns,  or  is  removed,  be- 
fore the  time  expressed  in  the  notice,  bis  successor  must  give  notice  only 
for  thp  unexpired  time  alloweil  for  such  presentation.  [Amendment  ap- 
proved M.irch  21,  1911;  Stats.  1911,  p.  4L'4.] 
Citations.     App.  9/755. 

Filing  copy  of  printed  notice  to  creditors. 

§  1491a.  Within  thirty  days  after  the  first  publication  of  notice  to 
creditors,  the  executor  or  administrator  must  file  or  caus«»  to  be  file<l  in 
the  court  a  printed  copy  of  said  notice  to  creditors  accompanied  by  a 
stiiteiiieiit  setting  forth  the  dat''  of  the  first  publication  therocf  and  the 
name  of  the  ncwsj>apcr  in  which  the  same  ia  printed.  [New  aection 
added  March  24,  1911;  Stats.   1911,  p.  47(5.] 

Presentation  of  claims  against  estates. 

§  1493,  .Ail  claims  arising  upon  contracts,  whether  the  same  be 
due,  nut  due,  or  cuntingeut,  and  all  claims  for  funi-ral  ex(ienses  and 
expenses  of  the  last  sickness  mu.nt  be  presented  within  a  time  limited 
in  the  notice,  and  any  claims  not  so  presented,  are  barred  forever; 
provided,  however,  that  when  it  is  made  to  appear  by  the  .iflidavit  of 
the  claimant,  to  the  satisfaction  of  the  court,  or  a  judge  tliereof,  that 
the  claimant  had  no  notice  as  provided  in  this  chapter,  by  reason  of 
being  out  of  the  state,  it  may  be  presented  at  any  time  before  a  decree 
of  distribution  is  entered,  [.\mendment  approved  April  25,  iyi3;  Stata. 
191;?,  p.  88.     In  effect  August   10,  191:5.] 

Citations.      Cul.  155/210,    401,    806:    159/543.    760;    163/689.      App.    9/755; 
12/103;   18/46,  47.      Prob.  Act,  {  130:  Ajip.  10/579. 

§  1494. 

Citations.      .\pp    9    :.13,  51G;   12/611.      Prob.  Act.  {  131:  App.  10/579. 

§   1495. 

Citations.      Cal.    159/546,  547.      App.   18/47, 

§  1497. 

Citations.   Cal.  155/800,  807;  160/493;  163/089.   App.  12/104.  615. 


79  CODE   OP    CIVIL    PROCEDURE.  §§  1498-1539 

§   1498. 

Citations.      Cal.    lCO/493;    161/258. 

§  1499. 

Cltatlona.     App.   9/514;    12/103. 

§  1500. 

Citations.   Cal.  155/210,  211.  213,  803,  804;  156/712;  159/343,  760.  App. 
18/46,  47. 

§  1502. 

Cltatlona.     Cal.   163/689. 

§  1503. 

Citations.     Cul.   160/493. 

§  1504. 

Citations.   Cal.  155/210;  lCO/493;  164/C12.  App.  12/615;  18/C62,  CCS. 

eo4. 

§  1505. 

Citations.     Cal.   155/210,  213. 

§   1510. 

Citations.     App.  9/755,   756;    12/615. 

§  1511. 

Citations.      App.   14/486;   15/365,   366. 

§  1516. 

Citations.     App.   12/110. 

§  1517. 

Citations.     Cal.   157/768. 

§  1523. 

Citations.     Cal.  161/74. 

§  1527. 

Citations.     Cal.   159/423. 

§  1536. 

Citations.     Cal.  161/73,   74. 

§  1537. 

Citations.     Cal.   155/803.     App.   10/369. 

§  1539. 

Citations.     App.   10/370. 


§§  1545-1580  CODE  OF  CIVIL,  puucedurb.  So 

§  1545. 

Citations.      Cal.   161/73. 

§  1554, 

Citations.      Cal.   162/354. 

§  1563. 

Citations.      Cal.  155/630. 

§  1570, 

Citations.      Cal.   150/544. 

§  1573. 

Citations.      App.   19/259,   260.  261,   264.   265. 

§  1574. 

Citations.      App.   19/260.   262. 

Mortgage,  lease  or  sale  of  estate  property. 

§  1577.  Whenever,  in  any  ei^t.ite  now  beinp  aflministercfl,  or  that  m.iv 
hereafter  be  administered,  or  in  any  guardianship  proceeding  now  pend- 
ing, or  that  may  hereafter  be  pending,  it  shall  appear  to  the  superior 
court,  or  a  judge  thereof,  to  be  for  the  advantage  of  the  estate  to  raise 
money  upon  a  note  or  notes  to  be  secured  by  a  mortgage  of  the  real 
property  of  any  decedent,  or  of  a  minor,  or  an  incompetent  person,  or 
any  part  thereof,  or  to  make  a  lease  of  said  real  property,  or  any  part 
thereof,  or  to  agree  to  sell  or  give  an  option  to  purchase  a  mining  claim, 
or  mining  claims,  or  real  property  worked  as  a  n>ine,  the  court  or  judge, 
a.s  often  as  occasion  therefor  shall  arise  in  the  administration  of  any 
estate,  or  in  the  course  of  any  gu.irdiansliin  matter,  may  on  a  petition, 
notice,  and  hearing  as  provided  in  this  article  and  section  1580  of  this 
code,  authorize,  empower  and  direct  the  executor  or  administrator,  or 
guardian  of  such  minor  or  incompetent  person,  to  mortgage  such  real 
property,  or  any  j>nrt  thereof,  and  to  execute  a  note  or  notes  to  be 
secured  by  such  mortgage,  or  to  lease  such  real  estate,  or  any  part 
thereof,  or  to  enter  into  an  agreement  to  sell  such  real  estate,  or  any 
part  thereof,  or  to  give  an  option  to  purchase  such  real  estate  or  any 
part  thereof.  [Amendment  approved  April  5,  1913;  Stats.  1913,  p.  16. 
In  effect  August  10,  1913.] 

Sale  of  mining  property. 

§  1580.  To  ulitaiii  an  order  to  enter  into  an  agreement  for  the  sale 
of,  or  for  an  oj'tion  to  purchase,  a  mining  claim,  or  claims,  or  real  prop- 
erty, worked  as  a  mine,  the  proceedings  to  be  taken  and  the  efTect 
tliereof  sliall  be  as  follows: 

Executor's  petition. 

First — The  executor,  administrator,  or  guardian  of  a  minor,  or  of  an 
incompetent  person,  or  any   person   interested  in   the  estate  of  such  de- 


81  CODE   OF    CIVIL    PROCEDURE.  §  1580 

cedents,    minors,    or    incompetent    persons,    may    file    a    verified    petition 
showing: 

1.  The  advantage  or  advantages  that  may  accrue  to  the  estate  from 
entering   into  such   agreement  or   option. 

2.  A  general  description  of  the  property  affected  by  said  agreement 
or  option. 

3.  The  terms  and  general  conditions  of  tlie  projjosed  agreement  or 
option. 

4.  The  names  of  the  legatees  and  devisees,  if  any,  and  of  the  heirs 
of  the  deceased,  or  of  the  minor,  or  of  the  incompetent  person,  so  far 
as  known  to  tlie  petitioner. 

Court's  order  on  hearing. 

Second — Ujion  filing  such  petition  an  order  shall  be  made  by  the  court 
or  judge  requiring  all  persons  interested  in  the  estate  to  appear  before 
the  court  or  judge  at  a  time  and  place  specified,  not  less  than  two  or 
more  than  four  weeks  tliereafter,  then  and  there  to  show  cause  why  an 
agreement  for  the  sale,  or  an  option  for  the  purchase  of  the  realty  should 
not  be  made,  and  referring  to  the  petition  on  file  for  further  particulars. 

Service  of  order. 

Third — The  order  to  show  cause  must  be  personally  served  on  the  per- 
sons interested  in  the  estate  at  least  ten  days  before  the  time  appointed 
for  hearing  the  petition,  or  it  may  be  published  for  four  consecutive 
weeks  in  a  newspaper  of  general  circulation  in  the  county  if  there  be 
one,  and  if  there  is  none,  then  in  some  newspaper  of  general  circulation 
in  an  adjoining  county. 

Hearing  petition.     Proceedings.     Order. 

Fourth — At  the  time  and  place  appointed  to  show  cause,  or  at  such 
other  time  and  place  to  which  the  hearing  may  be  postponed,  the  power 
to  make  all  needful  postponements  being  hereby  vested  in  the  court  or 
judge,  the  court  or  judge  having  first  received  satisfactory  proof  of  per- 
sonal service  or  publication  of  the  order  to  show  cause,  must  proceed 
to  hear  the  petition,  and  any  objections  that  may  have  been  filed  or 
presented  thereto.  If,  after  a  full  hearing,  the  court  or  judge  is  satis- 
fied that  it  will  be  for  the  advantage  or  best  interest  of  the  estate  to 
enter  into  the  proposed  agreement  for  the  sale,  or  option  for  the  pur- 
chase, of  the  mines  or  real  property,  worked  as  a  mine,  an  order  must 
be  made  authorizing,  empowering  and  directing  the  executor,  administra- 
tor or  guardian  to  make  such  agreement  or  option  to  purchase.  The 
order  may  prescribe  the  terms  and  conditions  of  such  agreement  or  option 
to  purchase.  The  court  or  judge  may,  at  the  time  of  making  said  order 
authorizing  such  agreement  to  sell  or  option  to  purchase,  fix  the  amount 
of  bond  to  be  given  by  the  executor,  administrator,  or  guardian,  and 
may  provide  for  the  payment  into  court  of  the  proceeds  from  said  agree- 
ment to  sell  or  option  to  purchase,  and  that  the  said  executor,  admin- 
6 


§  1580  CODE  OF  Cn-IL  PROCEDURE,  82 

islrator.  or  guarrlian,  sliail  give  the  bond  required  before  obtaining  an 
order  of  the  coiiit  for  the  payment  to  Lim  of  such  proceeds  from  said 
agreement  to  sell  or  option  to  purchase. 

Executor's  agreement. 

Fifth — After  making  the  onlfr  to  enter  into  said  agreement  or  option 
to  purcliate,  the  executor,  administrator  or  guardian  of  a  minor  or  of  an 
jncomj'etent  per.son  shall  execute,  acknowledge  and  deliver  an  agree- 
ment or  option  to  purchase  containing  the  conditions  specified  in  the 
order,  setting  forth  in  the  agreement  or  option  to  purchase  that  it  is 
nir.dc  by  authority  of  the  order,  and  giving  the  date  of  such  order. 
A  certified  coj)y  of  such  order  shall  be  recorded  in  the  office  of  the  county 
recorder  of  every  county  in  which  the  land  affected  by  the  agreement 
or  option  to  purchase,  or  any  portion  thereof,  is  situated.  If  the  party 
of  the  second  part  to  said  ngrt-ement  to  sell  or  option  to  purohase 
neglects  or  refuses  to  comply  with  the  terms  of  the  agreement  to  sell 
or  option  to  purchase,  the  court  may,  on  motion  of  the  executor,  or 
administratf)r.  or  guardian,  and  after  notice  to  the  purchaser,  orUer  such 
agreement  to  sell  or  option  to  purchase    .auceled. 

Return  of  proceedings.     Hearing  on.     Conveyances. 

Sixth — The  executor  or  administrator,  or  the  guardian,  after  the  terms 
of  said  agreement  to  sell,  or  said  option  to  purchase,  have  been  coni- 
plied  with  by  the  party  of  the  second  part  thereto,  and  all  payments 
mentioned  in  the  .sjime  have  been  made  according  to  the  terms  of  said 
agieement  to  sell  or  option  to  purchase,  must  make  a  return  of  his  pro- 
ceedings to  the  court,  which  must  be  filed  in  the  office  of  the  clerk  at 
any  time  subsequent  to  the  compliance  with  said  conditions  and  the  mak- 
ing of  said  payments.  A  hearing  upon  the  return  of  the  proceedings 
may  be  asked  for  in  the  return  or  by  petition  sul)sequently,  and  there- 
ujion  the  clerk  must  fix  the  ilay  for  the  hearing,  of  which  notice  of  at 
least  ten  d.'iys  must  be  given  by  tlie  clerk,  by  notices  j>osted  in  three 
public  j)In(('s  in  the  county,  or  by  publication  in  a  newspaper,  and  must 
brietiy  indicate  the  land  or  l.mds  mentioned  in  the  agreement  to  sell  or 
option  to  purchase,  and  must  refer  to  the  return  for  further  particulars, 
lipon  the  hearing,  the  court  must  examine  the  return  and  witnesses  in 
relation  to  the  same.  If  it  appears  to  the  court  that  the  terms  of  the 
said  agreement  to  sell  or  option  to  purch.nse.  including  all  payments 
to  be  made,  havo  been  comi>lied  with,  the  court  must  make  an  order 
confirming  the  sale,  and  directing  conveyances  to  be  executed.  The  sale, 
from  that  time,  is  confirmed  and  valid,  and  a  certified  copy  of  the  order 
oonfirming  it  and  directing  conveyaiicos  to  be  executed,  must  be  recorded 
in  the  oflice  of  tiie  recorder  of  the  county  in  which  the  land  sold  is 
situated.  Conveyances  must  thereupon  be  executed  to  the  jiurchaser  by 
the  executor  or  administrator,  or  the  guardian,  and  they  must  refer  to 
the  orders  of  the  court  aiithorir.ing  and  confirming  the  sale  of  the  prop- 
erty  of   the   estate,   and    directing  conveyances   thereof   to   be    executed 


83 


CODE   OF   ClYIL   PROCEDURE. 


§§  1581-1616 


and  to  tlie  recorrl  of  the  order  of  foiifinii.itioii  in  the  office  of  the  county 
recorder,  either  by  the  date  of  such  recording,  or  by  the  date,  volume, 
and  page  of  tlie  record,  and  such  reference  shall  have  the  same  effect 
as  if  the  orders  were  at  laige  inserted  in  the  conveyance.  Conveyances 
80  made  convey  all  the  right,  title,  interest,  and  estate  of  the  decedent, 
in  the  premises,  at  the  time  of  his  death;  if  prior  to  the  sale,  by  opera- 
tion of  law  or  otherwise,  the  estate  has  acquired  any  right,  title  or  inter- 
est in  the  premises,  other  than  or  in  addition  to  that  of  the  decedent 
at  the  time  of  his  death,  such  right,  fitle  or  interest  also  passes  by 
such  convevances.  [Amendment  approved  April  5,  191.'i;  Stats.  1913, 
p.  17.     In  effect  August  10,  1913.] 


§  1581. 
Citations. 


Cal.    158/724.      App.    12/110,   557. 


§  1582. 

Citations.   Cal.  157/380;  164/193.  App.  10/579;  18/731. 

§  1585. 

Citations.      App.   18/C65. 

§  1589. 

Citations.      Cal.   164/193.      App.   12/608,   616,   620,   622;    18/C67. 

§  1590. 

Citations.      App.   18/667. 

§  1591. 

Citations.      App.   12/621,  622. 


§  1597. 

Citations. 

§  1603. 

Citations. 


Cal.  156/132. 


App.   14/649. 


§  1613. 

Citation^.      App.   17/482. 

§  1615. 

Citations.     App.   17/482. 

Expenses  of  executors.     Their  attorneys.     Appeal  from  order  of  court. 

§  1616.  The  executor  or  administrator  shall  be  allowed  all  necessary 
expenses  in  the  care,  management,  and  settlement  of  the  estate,  and  for 
his  services  such  fees  as  provided  in  this  chapter;  but  when  the  decedent, 
by  his  will,  makes  some  other  provision  for  the  compensation  of  his 
executor,  that  shall  be  a  full  compensation  for  his  services,  unless  by  a 


§§  1618-1632  CODE  OF  cn'iL  procedure.  84 

written  instrument,  filed  in  the  court,  he  renounces  all  claim  for  cora- 
piensation  provided  for  in  the  will.  At  any  time  after  one  year  from  the 
admission  of  a  will  to  probate,  or  the  granting  of  letters  of  administra- 
tion, any  executor,  or  administrator,  may,  upon  such  notice  to  the  other 
parties  interested  in  the  estate  as  the  cotirt  shall  by  order  require,  apply 
to  the  court  for  an  allowance  to  himself  upon  his  commissions,  and  the 
court  shall  on  the  hearing  of  such  application  make  an  order  allowing 
such  executor  or  administrator  such  portion  of  his  commissions  as  to 
the  court  shall  seem  proper,  and  the  portion  so  allowed  may  be  there- 
upon charged  against  the  estate.  Any  attorney  who  has  rendered  ser- 
vices to  an  executor  or  administrator  may  at  any  time  during  the 
administration,  and  upon  such  notice  to  the  other  parties  interested  in 
the  estate  as  the  court  shall  by  order  require,  apply  to  the  court  for  an 
allowance  to  himself  of  compensation  therefor,  and  the  court  shall  on 
the  hearing  of  such  application  make  an  order  requiring  the  executor 
or  administrator  to  pay  to  such  attorney  out  of  the  estate  such  com- 
pensation on  account  of  services  rendered  by  such  attorney  up  to  the 
date  of  such  ord.-r  as  to  the  court  shall  seem  proper,  and  such  payment 
shall  be  forthwith  made. 

Any  attorney  making  such  aj^plication  to  the  court  for  compensation 
and  all  other  persons  interested  in  the  estate  may  appeal  from  any  order 
made  by  the  court  fixing  the  amount  of  such  comjiensation,  and  order- 
ing the  same  paid.  [Amendment  approved  April  7,  1911;  Stats.  1911, 
p.  707.] 

Citations.      C.i].    lOJ/451,  452,   433,  454,   458;   158/356,   357;   159/664.      Ap:> 

8/774,    77G,    777. 

§  1618. 

Citations.   Cnl.  155/452;  162/2C2.   App.  8/357,  858,  359,  360,  758.  759. 
7r,(i,  701  ;  15/559,  560. 

§  1619. 

citations.   Cal.  155/452,  453.  4.'54.  458,  459;  158/357.   App.  8/774;  15/559. 
5G0. 

§  1622. 

Citations.      Cal.    156/130,   131;   159/544;   lCO/493. 

§   1626.  * 

Citations.      Cal.   159/425.      App.    10/167. 

§   1628. 

Citations.      Cnl.    ino   493.      App.  13 '2:2. 

Expenditures  less  than  twenty  dollars  may  be  allowed  executors  without 
vouchers.     Amounts  paid  for  debts  may  be  allowed. 
§  1632.     On  the  settlement  of  his  account   ho  may  be  allowed  any  item 
of   expenditure   not   exceeding   twenty   dollars,   for   which   no   voucher   is 


85  CODE   OF    CIVIL   PROCEDURE.  §§  1633-1*639 

produped,  if  such  item  bo  supported  by  his  own  uncontradifted  oath  posi- 
tive to  the  fact  of  payment,  specifying  when,  where,  and  to  whom  it 
was  made;  but  such  allowances  in  the  whole  must  not  exceed  five  hun- 
dred dollars  against  any  one  estate,  provided,  that  if  it  appears  by  the 
oath  to  the  account  and  is  proven  by  competent  evidence,  to  the  satis- 
faction of  the  court,  that  a  voucher  for  any  disbursement  or  disburse- 
ments whatsoever,  has  been  lost  or  destroyed,  and  that  it  is  impossible 
to  obtain  a  dujilicate  thereof  and  that  such  item  or  items  were  paid  in 
good  faith  and  for  the  best  interests  of  the  estate,  and  such  item  or 
items  were  legal  charges  against  said  estate,  then  the  executor  or  admin- 
istrator shall  be  allowed  such  item  or  items. 

If,  upon  such  settlement  of  accounts,  it  appears  that  debts  against  the 
deceased  have  been  pai<i  without  the  affidavit  and  allowance  prescribed 
by  statute  or  sections  1494,  1495,  and  1496  of  this  code,  and  it  shall  be 
proven  by  competent  evidence  to  the  satisfaction  of  the  court  that  such 
debts  w«re  justly  due,  were  paid  in  good  faith,  that  the  amount  paid 
was  the  true  amount  of  such  indebtedness  over  and  above  all  payments 
or  setoffs,  and  that  the  estate  is  solvent,  it  shall  be  the  duty  of  the  said 
court  to  allow  the  said,  sums  so  paid  in  the  settlement  of  said  accounts. 
[Amendment  approved  April  5,  1911;   Stats.  1911,  p.  680.] 

§  1633. 

Citations.      Cal.   159/425. 

§  1634. 

Citations.      App.   9/406. 

§  1635. 

Citations.      App.   13/221. 

§   1636. 

Citations.      Cal.   160/493,  494.      App.   13/221. 

§  1637. 

Citations.      App.   9/405;    13/221,  223    (cited  as  §1737);    18/286. 

Deceased,  executor's  accounts. 

§  1639.  If  any  executor,  administrator  or  guardian  dies,  his  accounts 
may  be  presented  by  his  personal  representative  to,  and  settled  by,  the 
court  in  which  the  estate  of  which  he  was  executor,  administrator  or 
gviardian  is  being  administered,  and,  upon  petition  of  the  successor  of 
such  deceased  executor,  administrator  or  guardian,  such  court  may  compel 
the  personal  representatives  of  such  deceased  executor,  administrator  or 
guardian  to  render  an  account  of  the  administration  of  their  testator 
or  intestate,  and  must  settle  such  account  as  in  other  cases.  [Amend- 
ment approved  March  4,  1911;  Stats.  1911,  p.  280.] 
Citations.      Cal.  159/422,  423,  424. 


§§  1643-1661  CODE  OF  cniL  procedure.  86 

§  1643. 

citations.     Cal.   155/210. 

§  1647. 

Citations.      Cal.   155/210;    160/493.      App.   18/285. 

§  1649. 

Citations.      Cal.   100/494. 

Payment  of  legacies. 

§  1658.  At  any  time  aftor  the  lapse  of  fonr  months  from  the  issuing 
of  letters  testamentary  or  of  administration,  any  heir,  devisee,  legatee 
(or  his  assignee,  grantee  or  successor  in  interest)  may  present  his  peti- 
tion to  the  court  for  the  legacy  or  share  of  the  estate  to  which  he  is 
entitled,  or  any  portion  thereof,  to  be  given  to  him  upon  his  giving 
bonds,  with  scf-nrity,  for  the  payment  of  his  proportion  of  the  debts  of 
the  estate.  [Amendment  approved  April  24,  1911;  Stats.  1911,  p.  I085.J 
Citations.      Cal.   157/538,    550. 

§  1660. 

CiUtions.      r«l.    164/5. 

Prayer  of  applicant  granted.  Legatee's  bond.  Executor  to  deliver  heirs* 
portion. 
§  1661.  If,  at  the  hearing,  it  appears  tliat  the  estate  is  but  little 
indebted,  and  that  the  share  of  the  party  apjilying  may  be  allowed  to 
him  witlioit  loss  to  the  creditdrs  af  the  estate,  the  court  must  make  an 
order  in   cotiformity   with   the   prayer  of  the  applicant,  requiring: 

1.  Kach  heir,  Icfjatee,  devisee  (or  his  assignee,  grantee,  or  successor 
in  interest)  obtaining  such  order,  before  receiving  his  share  or  any  por- 
tion thereof,  to  execute  and  deliver  to  the  executor  or  administrator, 
a  bond,  in  such  sum  ns  may  be  designated  by  the  court,  or  a  judge 
thereof,  with  sureties  to  b«  approved  \>\  the  judge,  payable  to  the  ex- 
ecutor or  administrator,  and  conditioned  for  the  payment,  wh«  i 
required,  of  his  proportion  of  the  debts  due  from  the  estate,  not  e\ 

iiig  the  value  or  amount  of  the  leg:iry  or  portion  of  the  estate  to  win 
he  is  entitled.  .Where  the  time  fur  filing  or  pre.senting  claims  has  ex- 
])ired,  and  all  claims  that  have  been  allowed,  have  been  paid,  or  are 
secured  by  mortgnjje  upon  real  estate  suftieient  to  pay  them,  snd  the 
coiut  is  satistied  that  no  injury  can  result  to  the  estate,  the  court  may 
dispense  witli  the  bond; 

2.  Tlie  exeeut<ir  or  administrator  to  deliver  to  the  heir,  legatee,  devisee 
(or  his  assignee,  grantee  or  successor  in  interest),  the  whole  portion  of 
the  estate  to  wliiih  he  may  be  entitled,  or  only  a  part  thereof  designat- 
ing it. 

If.  in  the  execution  of  the  order,  a  partition  is  necessary  between  two 
or  more  of  the  jiarties  interested,  it  must  be  made  in  the  manner  herein- 


87  CODE   OF    CniL    TROCEDURE.  §§  1664-1667 

after  presrrihpd.  The  costs  of  those  proceedings  must  be  paid  by  the 
applicant,  or  if  there  are  more  than  one.  must  be  apportioned  equally 
among  them.  [Amemlinent  approved  April  24,  1911;  Stats.  1911,  p. 
1085,] 

Citations.      Cal.   157/550,   551,  708;    164/2,  4. 

§  1664. 

Citations.      Oal.    15fi/805;    159/29,   201;    103/364. 

Final  distribution  of  estate. 

§  1665.  Upon  the  final  settlement  of  the  accounts  of  the  executor  or 
administrator,  or  at  any  subsequent  time,  upon  the  application  of  the 
I'xecutor  or  administrator,  or  of  any  heir,  legatee,  devisee,  (or  his  as- 
signee, grantee  or  successor  in  interest),  the  court  must  proceed  to  dis- 
tribute the  residue  of  the  estate  in  the  hands  of  the  executor  or  admin- 
istrator, if  any,  among  the  persona  who  by  law  are  entitled  thereto;  and 
if  the  decedent  has  left  a  surviving  child,  or  the  issue  of  a  deceased 
I  iiild,  and  any  of  them,  before  the  close  of  the  aiiministration.  have  died 
while  under  age  and  not  having  been  married,  no  administration  on 
such  deceased  child's  estate  is  necessary,  but  all  the  estate  which  such 
deceased  child  was  entitled  to  by  inheritance  must,  without  administra- 
tion, be  distributed  as  provided  in  the  Civil  Code.  A  statement  of  any 
receipts  and  disbursements  of  the  executor  or  administrator,  since  the 
rendition  of  his  final  account,  must  be  reported  and  filed  at  the  time  of 
making  such  distribution;  and  a  settlement  thereof,  together  with  an 
estimate  of  the  expenses  of  closing  the  estate,  must  be  made  by  the 
court,  and  included  in  the  order  or  decree,  or  tlie  court  or  judge  may 
order  notice  of  the  settlement  of  such  supplementary  account,  and  refer 
the  same  as  in  other  cases  of  the  settlement  of  accounts.  [Amendment 
approved  April  24,  1911;  Stats.  1911,  p.  10S6.] 
Citations.      Cal.   156/516;    157/550. 

§  1666. 

Citations.      Cal.    156/515;    159,28,   61;   162/438:   164/278.  576. 

Distribution  when  decedent  was  not  a  resident  of  the  state. 

§  1667.  Upon  application  for  distribution,  after  final  settlement  of 
the  accounts  of  administration,  if  the  decedent  was  a  nonresident  of  this 
state,  leaving  a  will  which  has  been  duly  proved  or  allowed  in  the  state 
of  his  residence,  and  an  authenticated  copy  thereof  has  been  admitted 
to  probate  in  this  state,  or  if  the  decedent  died  intestate,  and  an  admin- 
istrator has  been  duly  appointed  and  qualified  in  the  state  of  his  resi- 
dence, and  it  is  necessary,  in  order  that  the  estate,  or  any  part  thereof, 
may  be  distributed  according  to  the  will,  or  if  the  court  is  satisfied  that 
it  is  for  the  best  interests  of  the  estate,  that  the  estate  in  this  state 
should  be  delivered  to  the  executor  or  administrator  in  the  state  or  place 
of   the   decedent's   residence,   the   court   may   order   such   delivery   to    be 


§§  1668-1706  CODE  OF  civil  procedure.  88 

made,  and,  if  necessary,  order  a  sale  of  the  real  estate,  and  a  like  de- 
livery of  the  prof-eeds.  The  delivfry,  in  accordance  with  the  order  of 
the  court,  is  a  full  discharge  of  the  executor  or  administrator  with  the 
will  annexed  or  administrator,  in  this  state,  in  relation  to  all  property 
embraced  in  such  order,  which,  unless  reversed  on  appeal,  binds  and  con- 
cludes all  parties  in  interest.  Saks  of  real  estate,  ordered  by  virtue 
of  this  section,  must  be  made  in  the  same  manner  as  other  sales  of  real 
estate  of  decedents  bv  order  of  the  court.  [Amendment  approved  April 
7,  1911;  Stats.  1911,  p.  708.] 
ClUtlong.     App.   12/110. 

§  1668. 

Citations.      Cal.    159/28,   20. 

§  1669. 

Cltatlona.     App.   H/132. 

§   167r,. 

Citations.      Oal.    1  ."iC/riie. 

§  1676. 

Citations.      Cal.   159/62. 

§    1678. 

Citations.      Cal.    156/516;    161/155,    156;    168/497. 

§   1691. 

Citations.      Oal.    159/60,    61,    62. 

§   1692. 

CiUtions.      Cal.    159/58. 

§   1698. 

ClUUons.      Cal.    164/575.      App.   12/614. 

§   1690. 

Citations.      Cal.    157/457;    158/104. 

§   1700. 

Citations.      App.   8/759. 

§  1704. 

Citations.   Cal.  i:>8/3.  742;  162/395;  164/312.   App.  15/252. 

§  1706. 

Citations.      Cal.    1 02/395. 


89  CODE  OF   CIVIL  PROCEDURE.  §s  1707-1723 

§  1707. 

Citations.     App.   15/249. 

§  1708. 

Citations.     Cal.    155/391. 

§  1713. 

ClUtions.      Cal.    157/430. 

New  trials  and  appeals. 

§  1714.  Tlie  provisions  of  part  2  of  tliis  code,  relative  to  new  trials 
and  appeals,  except  in  so  far  as  they  are  inconsistent  with  the  provi- 
sions of  this  title,  apply  to  the  proceedings  mentioned  in  this  title,  pro- 
vided, that  hereafter  a  motion  for  a  new  trial  in  probate  proceedings 
can  be  made  only  in  cases  of  contests  of  wills,  either  before  or  after 
probate  and  in  proceedings  under  section  1664  of  this  code.  [Amend- 
ment approved  March  20,  1911;  Stats.  1911,  p.  399.] 
Citations.      Cal.    156/91,  92,  93;   158/3,  4,  5,  6;   159/25, 

Appeal,  when  taken. 

§  1715.     Tiie  appeal  may  be  taken  at  any  time  after  the  order,  decree, 
or  judgment   is   made   or  rendered,  but   not  later   than   sixtj'   days   after 
tlie  same  is  entered  in  the  minute  book  of  the  court  as  provided  in  sec- 
tion 1704.     [Amendment  approved  March  20,  1911;   Stats.  1911,  p.  399. j 
Citations.      Cal.   156/90,  91,  92,  93;   158/3,  5,  6,  7. 

§  1716. 

Citations.      Cal.   159/25. 

§  1717. 

Citetlons.      Cal.   159/25. 

§   1719. 

Citations.     Cal.   162/395. 

§  1720. 

Citations.      Cal.   155/454;   163/345. 

Disposition  of  life  estates  and  homesteads. 

§  1723.  If  any  person  has  died  or  shall  hereafter  die  who  at  the 
time  of  his  death  was  th^e  owner  of  a  life  estate  which  terminates  by 
reason  of  the  death  of  such  person,  or  if  such  person  at  the  time 
of  his  death  was  one  of  the  spouses  owning  lands  as  a  homestead, 
which  lauds  by  reason  of  the  death  of  such  person,  vest  in  the  surviv- 
ing spouse;  any  person  interested  in  the  property,  or  in  the  title  thereto, 
in  which  such  estates  or  interests  were  held,  may  file  in  the  superior  court 
of   the    county   in   which   the   pxoperty   is   situated,   his   verified   petition 


§§  1724—1726  CODE  of  civil  procedure.  90 

setting  forth  such  facts,  and  thereupon  and  after  such  notice  by  publi- 
cation or  otherwise,  as  the  court  may  order,  the  court  shall  hear  such 
petition  and  the  evidence  offered  in  support  thereof,  and  if  upon  such 
hearing  it  shall  appear  that  such  life  estate  of  such  deceased  person 
absolutely  terminated  by  reason  of  his  death,  or  such  homestead  vested 
in  the  survivor  of  such  marriuge,  the  court  shall  make  a  decree  to  that 
effect,  and  thereupon  a  certified  cojiy  of  such  decree  may  be  recorded 
in  the  office  of  the  county  recorder,  and  thereafter  shall  have  the  ^ame 
effect  as  a  final  decree  of  distribution  so  recorded.  [Amendment  ap- 
proved April  15,  1913;  Stats.  1913,  p.  27.  In  effect  August  10,  1918. J 
Citations.      Cal.   ]59,  551,    553.   55g.      App.    HA'.Oi,   603,   504;    19,  189. 

Death  before  patent  is  issued. 

§  1724.  In  :iny  case  where  a  jierson  has  entered,  or  shall  have  entered. 
an\'  lands  iu  the  I'nited  States  and  has  died,  or  shall  die,  before  patent 
for  the  same  was  issued,  or  shall  have  been  issued,  and  patent  there- 
after was,  or  shall  iiave  been  issued  to  the  heirs  of  such  decedent,  any 
person  interested  in  such  lands  us  heir  at  law,  or  the  successor  in  inter- 
est of  such  heir  at  law  or  the  ailministrator,  or  executor,  or  heir  at  law 
of  any  of  them  if  deceased,  mav  file  a  petition  in  the  superior  court  of 
the  stote  of  California  in  and  for  the  county  wherein  said  land  or  any 
part  thereof  is  ^ituate.  ;etting  forth  the  date  of  the  death  of  such 
deceas('<l  entryman,  the  date  an<l  the  issiuince  of  sii<;h  patent,  and  that 
the  same  was  issued  to  the  heirs  at  law  of  such  deceased  entryman, 
and  the  land  describe<l  therein  and  the  names,  ages,  and  residences,  if 
known,  of  the  heirs  at  law  of  such  deceasol  entryman  (or  if  any  sui-h 
heirs  are  dead,  or  their  residence  is  unknown,  such  facts  shrill  be  stated), 
and  a  request  that  a  decree  be  entered  in  said  court  estabiisbing  who 
are  or  were  the  heirs  at  law  of  such  deceased  person. 

Notice  of  the  time  and  place  for  the  hearing  of  said  petition  must  be 
given  by  the  clerk  by  posting  notices  thereof  in  three  or  more  public 
]daces  in  said  county  at  least  ten  days  prior  to  the  date  fixed  for  said 
hearing. 

At  any  time  before  the  date  fixed  for  such  hearing  any  person  inter- 
ested in  said  lands  may  answer  said  jietition  and  deny  any  of  the 
matters  contained  therein. 

At  the  time  fixed  for  such  hearing  or  at  such  time  tbereafter  «»  may 
be  fixed  by  the  court,  the  court  must  hear  the  proofs  offered  by  the 
petitioner  and  the  person  answering  the  same,  if  there  be  any  aniiwer 
thereto,  and  must  make  a  decree  conformable  to  the  proofs.  Such 
shall  have  the  same  force  and  effect  as  decrees  entered  in  act. 
with  the  provisions  of  part  3,  title  11  of  this  code.  [Ameiiu.iii  u. 
approved   February  25,  1911;  Stats.  lUll,  p.  78.J 

§  1726. 

Citations.     .\\^^.  8/257. 


iJl  CODE  OP  CJVIL  PROCEDURE.  §§  172Ga-1764 

Biirial  expenses  of  deceased  persons. 

§  1726a.  Wlu'iievcr  a  public  aduunistrator  takes  possession  of  the 
estate  of  a  deceased  persou,  as  provided  in  section  1726  cf  tliis  code, 
and  the  method  of  the  defrayal  of  the  expense  of  the  burial  of  said 
deceased  is  not  otherwise  provided  for  by  law,  or  by  the  rules,  agree- 
ment or  death  benefits  of  any  o-rder  or  lodge  to  wiiich  the  deceased  may 
at  the  time  of  his  death  belong,  or  with  which  be  may  have  been  attili- 
ated,  the  public  administrator  may,  in  order  to  defray  the  proper 
exj)enses  of  the  burial  of  the  body  of  the  deceased,  apply  to  a  judge  of 
the  superior  court  of  the  county  in  which  said  jjublic  administrator  is 
acting,  for  an  order  ])ermittiiig  the  public  administrator  to  summarily 
sell  any  personal  proj)erty  belonging  to  the  deceased,  and  to  withdraw 
any  money  that  the  deceased  niay  have  on  deposit  with  any  bank,  and 
to  collect  any  indeljtedness  or  claim  that  may  be  owing  to  or  due  the 
deceased.  If"  uj)on  such  api)lication  it  appears  to  the  court  by  compe- 
tent evidence,  that  the  total  value  of  the  estate  of  the  deceased  is  less 
than  seventy-five  dollars,  the  judge  shall  make  an  order  granting  the 
application  and  there  shall  be  no  administration  upon  the  estate  of  the 
deceased  unless  additional  estate  be  found  or  discovered.  No  notice  of 
the  application  need  be  given  and  no  fee  shall  be  charged  by  the  clerk 
of  the  court  or  the  public  administrator  or  his  attorney  for  the  filing 
of  said  application,  or  for  any  duty  or  service  of  the  clerk  or  public 
administrator  or  his  attorney  connected  therewith.  Upon  the  sale  of 
the  personal  property  of  the  deceased,  or  the  collection  of  any  money, 
claim  or  indebtedness  by  the  public  administrator  under  said  order  the 
public  administrator  shall  use  the  same  for  the  expenses  of  the  burial 
of  the  deceased.  The  public  administrator  shall  file  with  the  clerk  of 
the  court  a  statement  showing  the  property  of  the  deceased  that  came 
into  his  hands,  the  amount  received  from  the  sale  of  any  personal  prop- 
erty, and  the  disposition  of  the  property  of  the  deceased,  and  shall  file 
with  the  clerk  vouchers  showing  what  disposition  was  made  of  the  said 
property  or  the  proceeds  thereof.  [New  section  approved  April  12,  1911; 
»tats.  1911,  p.  89S.] 

§  1751. 

Citations.      Cal.   15G/:44:    162,M94,    629. 

§  1763. 

Citations.      App.   11/605;    15/250,   251,   253. 

Appointment  of  guardian  for  incompetent  person. 

§  1764.  If,  after  a  full  hearing  and  examination  upon  such  petition, 
it  appears  to  the  court  that  the  person  in  question  is  incapable  of  taking 
care  of  himself  and  managing  his  property,  such  court  must  appoint  a 
guardian  of  his  persdn  and  estate  or  person  or  estate,  with  the  powers 


§§  1765-1773  CODE  of  civil  procedure,  92 

and  duties   in   this  chapter  specified.     [Amendment   approved  April   27, 
1911;  Stats.  1911,  p.  1190.] 

Citations.      App.    11/606;    15/250. 

Powers  and  duties  of  guardians. 

§  1765.  Every  jjuardian  ajipointefl.  as  provided  in  the  preceding  sec- 
tion, lias  the  carr-  and  custody  of  the  person  of  his  ward  and  the  man- 
ageincnt  af  all  his  estate,  or  the  care  and  custody  of  the  person  of  his 
ward  or  the  management  of  all  his  estate,  according  to  the  order  of 
ap|)ointment,  until  such  guardian  is  legally  discharged,  and  be  must 
give  bond  to  such  ward  in  like  manner  and  with  like  conditions  as  before 
jtrp.scribpd  with  respect  to  the  guardian  of  a  minor.  [Amendment  ap- 
proved  April  27,   mil;   Stats.   liU  1,  p.   ll'.M.J 

§  1768. 

Citations.     App.   13/254. 

§   1770. 

Cltatlong.      App.    13/254. 

Inventory  of  ward's  estate.     Refusal  of  guardian  to  return  Inventory. 

§  1773.  K\ery  guardian  iiiii>t  return  to  the  court  a  verirte^l  inven- 
tory of  the  estate  of  his  ward  within  three  months  after  his  appoint- 
ment. He  must  annually  thereafter,  and  at  such  other  times  as  directed 
by  the  eourt,  render  a  verified  account  of  the  estate  of  his  ward.  All 
the  estate  of  the  ward  deseribcd  in  the  first  inventory  must  be  appraised 
by  appraisers  appointed,  sworn,  and  acting  in  the  manner  provided  for 
regulating  the  settlement  of  the  estates  of  decedents.  Such  inventory, 
with  the  appraisement  of  the  |>roperty  therein  described,  must  be  re- 
corded by  the  elerk  of  the  court  in  a  pro|K>r  book  kept  in  his  office  for 
that  i>iir|iose  and  whenever  any  ward  is  or  has  been  during  the  guardian- 
ship confined  in  a  state  hospital  for  the  insane  in  this  state  a  copy  of 
said  inventory  nui.st  be  served  ujion  the  secretary  of  the  state  commis- 
sion in  lunacy  or  its  attorney.  Whenever  any  other  property  of  the 
estate  of  any  ward  is  discovered,  not  included  in  the  inventory  of  the 
estate  already  returned,  and  whenever  any  other  property,  has  been  suc- 
ceeded to,  or  acquired  by  any  ward,  or  for  his  benefit,  the  like  pro- 
ceedings must  be  had  for  the  return  and  appraisement  thereof  and  the 
service  of  the  same  as  are  herein  provided  in  relation  to  the  first  inven- 
tory and  return.  If  within  the  time  prescribed,  or  within  such  further 
time,  not  exceeding  two  months  whieh  the  court  or  judge  shall  for  rea- 
sonable cause  allow,  the  guardian  neglects  or  refuses  to  return  the 
inventory  or  renilor  his  account,  the  court  may,  upon  notice,  revoke  the 
letters  of  guardianship  and  the  guardian  shall  be  liable  on  his  bond  for 
any  injury  to  the  estate,  or  any  person  interested  therein,  arising  from 
such  failure.  [.Amendment  approved  Mav  19,  1913;  Stats.  1913,  p.  214. 
In  effect   August    10,   19 13. J 


93  CODE  OF  CrV'IL  PROCEDURE.  §§  1774-1810a 

Account  of  guardian. 

§  1774.  The  guardian  must  upon  tbe  expiration  of  a  year  from  the 
time  of  his  ai>i)ointnient  and  as  often  thereafter  as  he  may  be  required, 
present  his  account  to  the  court  for  settlement  and  allo'wance;  provided, 
that  no  account  of  the  guardian  of  any  insane  person,  who  is  or  has 
been  during  such  guardiaiisliip  confined  in  a  state  hospital  in  this  state, 
shall  be  settled  or  allowed  unless  notice  of  the  settlement  of  said  account 
shall  have  been  first  given  to  the  secretary  of  the  state  commission  in 
lunacy  or  its  attorney  at  least  five  days  before  the  hearing.  The  termi- 
nation of  the  relation  of  guardian  and  ward  by  the  death  of  either 
guardian  or  ward  or  by  the  ward  attaining  his  majority  or  Ijeing  re- 
stored to  capacity  shall  not  cause  the  court  to  lose,  jurisdiction  of  the 
.proceeding  for  the  purpose  of  settling  the  accounts  of  the  guardian. 
[Anicudnient  approved  May  19,  1913;  Stats.  1913,  p.  215.  In  effect 
August   10,  1913. J 

When  income  from  ward's  estate  is  insufficient. 

§  1777.  When  the  income  of  an  estate  under  guardianship  is  insuf- 
ficient to  maintain  the  ward  and  his  family  or  to  maintain  and  educate 
the  ward  when  a  minor,  or  to  pay  for  his  care,  treatment  and  support, 
if  confined  in  a  state  hospital  for  the  insane,  his  guardian  may  sell  his 
real  or  personal  estate,  or  mortgage  the  real  estate  for  that  purpose, 
upon  obtaining  an  order  therefor;  provided,  that  no  such  order  shall  be 
granted  when  the  ward  is  or  has  been,  during  the  guardianship,  con- 
fined in  a  state  hospital  for  the  insane  in  this  state  unless  notice  of 
the  proceedings  shall  have  been  given  to  the  secretary  of  the  state  com- 
mission in  lunacy  or  its  attorney  at  least  five  days  before  the  hearing. 
[Amendment  approved  May  19,  1913;  Stats.  1913,  p,  215.  In  effect 
August  10,  1913.] 

§  1792. 

Citations.      Cal.   159/469.      App.  13/254. 

§   1801. 

Citations.      App.   15/249,  251. 

§   1808. 

Citations.      Cal.   158/3. 

§  1810. 

Citations.      Cal.   156/91;    158/5.  — 

Conveyance  by  guardian. 

§  1810a.  When  a  person  who  is  bound  by  contract  in  writing  to  con- 
vey any  real  estate,  or  to  transfer  any  personal  property,  dies  before 
making  conveyance  or  transfer,  and  in  all  cases  when  such  decedent, 
if  living  might  be  compelled  to  make  such  conveyance   or  transfer,  the 


§§  1810b-185O         CODE  OF  cr\'iL  procedubb.  94 

court,  having  jurisdiction  of  the  guardianship  proceedings  of  such  minor 
may  make  a  decree  authorizing  and  directing  the  guardian  of  any  minor, 
who  has  succeeded  by  distribution  to  the  estate  of  such  deceased  per- 
son, to  convey  or  transfer  such  real  estate  or  personal  property  to  the 
person  entitled  thereto.  [New  section  approved  March  15,  1911;  Stats. 
1911,  p.  367.] 

Attorney's  fees  against  minor  fixed  by  court. 

§  1810b.  All  contracts  for  attorney's  fees  made  by  or  for  the  benefit 
of  minors  shall  be  void,  and  whenever  a  judgment  shall  be  recovered 
by  or  on  behalf  of  a  minor,  the  attorney's  fees  chargeable  against  said 
minor  sliall  \>c  fixed  by  the  court  in  which  said  judgment  is  rendered; 
and  if  said  judgment  is  for  money,  and  there  is  no  general  guardian  of 
said  minor,  one  shall  be  appointed  by  the  court,  an<l  the  entire  amount 
of  the  judgment  shall  be  paid  to  and  shall  be  cared  for  by  such  gen- 
eral guardian,  under  the  control  of  the  court.  [New  section  approved 
April   1(),   1913;  Stats.   1913,  p.  .85.     In  effect  August  10,  I913.J 

§  1826. 

Citations.      C:il.    J.-,  -.j,    i'-     ■.-■•.     Aii>.   i'    ."0. 

§  1829. 

Citations.      App.    16 '.'S70. 

§   1833. 

Citations.     App.   12/70. 

§   1835. 

Citations.      Cal.    158/fiUJ;    ^rri     ■  ■  1        \,.p     l-'.    ?4. 

§  18i4. 

Citations.      Cal.    157/5-Jl:    1C1/G35. 

§  1845. 

Citations.      Cal.    161/635.      App.    8/123. 

§   1847. 

Citations.      Cal.   l.'i7/.->42:    158/65,    689.      App.    9/132;    11/467.    555;    12 '95, 

5tiO;    1 4/238,   432;    18/554. 

§   1848. 

Citations.      Cal.    159/638. 

§   1849. 

Citations.      Cal.    155/164;   159^102.   6:^6. 

§  1850. 

Citations.      Cal.    158/C25.      App.    12.246;    1^701;    lS/7r.2. 


95  CODE  OP   CKIL  PROCEDURE.  §§  1851-1856 

§  1851. 

Citations.      App.   13/701. 

§  1853. 

Citations.      Cal.    l.';9/638.      App.   13/478. 

§   1854. 

Citations.      Cal.    l()U/2.")0.      App.    8/557;    9/274:    13/701. 

§  1855. 

Citations.      Cal.   155/200.      App.    12/580;    16/571;    (siibd.    1)    1(5/57;    (subd. 
5)    15/574. 

Pioof  of  contents  of  lost  public  record  or  document.  Abstract  of  title 
may  be  admitted  in  evidence. 
§  1855a.  When,  in  any  action,  it  is  desired  to  prove  the  contents  of 
■,n.y  public  record  or  document  lost  or  destroyed  by  conflagration  or 
(iiher  public  calamity  a«d  after  proof  of  such  loss  or  destruction,  there 
i-<  otfered  in  proof  of  such  contents  (a)  any  abstract  of  title  made  and 
Issued  and  certified  as  correct  prior  to  such  loss  or  destruction,  and  pur- 
porting to  have  been  prepared  and  made  in  the  ordinary  course  of  busi- 
ness by  any  person,  firm  or  corporation  engaged  in  the  business  of 
preparing  and  making  abstracts  of  title  prior  to  such  loss  or  destruc- 
tion; (b)  any  abstract  of  title,  or  of  any  instrument  affecting  title, 
made,  issued  and  certified  as  correct  bj'  any  person,  firm  or  corporation 
engaged  in  the  business  of  insuring  titles  or  issuing  abstracts  of  title, 
to  real  estate  whether  the  same  was  made,  issued  or  certified  before  or 
after  such  loss  or  destruction  and  whether  the  same  was  made  from 
the  original  records  or  from  abstracts  and  notes,  or  either,  taken  from 
such  records  in  the  preparation  and  upkeeping  of  its,  or  his,  plant  in 
the  ordinary  course  of  its  business,  the  same  may,  without  further  proof, 
be  admitted  in  evidence  for  the  purpose  aforesaid.  No  proof  of  the 
loss  of  the  original  document  or  instrument  shall  be  required  other  than 
the  fact  that  the  same  is  not  known  to  the  party  desiring  to  prove  its 
contents  to  be  in  existence;  provided,  nevertheless,  that  any  party  so 
desiring  to  use  said  evidence  shall  give  reasonable  notice  in  writing 
to  all  other  parties  to  the  action  who  have  appeared  therein,  of  his  in- 
tention to  use  the  same  at  the  trial  of  said  action,  and  shall  give  all 
such  other  parties  a  reasonable  opportunity  to  inspect  the  same,  and 
also  the  abstracts,  memoranda,  or  notes  from  which  it  was  compiled, 
and  to  take  copies  thereof.  [Amendment  approved  December  24,  1911; 
Stats.  Ex.  Sess.  1911,  p.  64.] 

Citations.      Cal.  163/163,  164,  165,  166,  198,  199,  508,  512,  514. 

§  1856. 

Citations.   Cal.  161/315,  316:  J63/777:  164/186,  282.  App.  9/671;  10/754; 
11/631;  13/343,  458;  17/44;  (subd.  2)  16/767. 


§§  1858-1881  CODE  OF   CIVIL  PROCEDURE.  96 

§  1858. 

CitatlonB.      Cal.   155/14.      App.  8/503;   13/615;  18/10. 

§   1859. 

Citations.     Cal.   155/14. 

§  1860. 

Citations.      Cal.    164/417.      App.    11/631;    18/157. 

§   1861. 

ClUtlons.      Cal.    10J,417.      App     14y466. 

§   1864. 

Citations.      App.    8/575;    18/220. 

§   1866. 

Citations.      App.    17/578. 

§   1869. 

Citations.      Cal.    Ijh/576. 

§   1870. 

ClUtlons.  Cal.  157/568;  150/C38;  1C2/601;  (subd.  2)  158/642;  160/485. 
787;  (hubd.  3)  157/311;  160/484;  (subd.  4)  157/565;  (subd.  B)  157/44; 
160/6t);  (subd.  10»  156/233;  157/312;  159/11;  161/385;  163/176,  468. 
App.  11/708;  13/701:  (lubd.  4)  17/22;  18/763;  (sobd.  10)  11/620;  (subd. 
12)  8/033;  10/201;  10/3ia. 

§  1875. 

Citations.  Cal.  (subd.  2)  159/4!)8;  (»uhd.  8)  158/134;  160/113.  App. 
9/35;    11 /.IDS,    T!*^ 

§    1880. 

Citations.      App.    8/743.     744;     10/229:      T    ••"        ^"iVd       1  -    .     '•       ?"' " 

(subd.   2)    18/295;    (subd.   3)    16/581;    18/4!' 

Cases  in  which  witnesses  may  not  be  exammed. 

§  1881.  Tliere  are  partimlar  rehitioii.t  in  which  it  is  the  policy  of 
the  law  to  cnoourage  contidonoe  aii<l  to  preserve  it  inviolate;  therefore, 
a  jter.son  cannot  be  exaiiiineJ  as  a   witness  in   the   following  cases: 

1.  .\  husband  cannot  be  examined  for  or  against  his  wife  without  her 
consent;  nor  a  wife  for  or  against  her  hiisbaud,  without  his  consent; 
nor  can  either,  during  the  marriage  or  afterward,  be,  without  the  coo- 
sent  of  the  other,  examined  as  to  any  communication  made  by  one  to 
the  other  during  the  marriage;  but  this  exception  does  not  apply  to  a 
civil  action  or  proceeding  by  one  against  the  other,  nor  to  a  criminal 
action  or  j»roceedinns  for  a  crime  committed  by  one  against  the  other; 
or  in  an  action  brought  by  husband  or  wife  against  another  person  for 


97 


CODE   OF    CIVIL   PROCEDURE. 


§§  1886-1901 


the  alienation  of  the  affections  of  either  husband  or  wife  or  in  an  action 
for  damages  against  another  person  for  adultery  committed  by  either 
husband  or  wife. 

2.  An  attorney  cannot,  without  the  consent  of  his  client,  be  examined 
as  to  any  communication  made  by  the  client  to  him,  or  his  advice 
given  thereon  in  the  course  of  professional  employment;  nor  can  an 
attorney's  secretary,  stenographer,  or  clerk  be  examined,  without  the 
consent  of  his  employer,  concerning  any  fact  the  knowledge  of  which 
has  been  acquired  in  such  capacity. 

3.  A  clergyman  or  priest  cannot,  without  the  consent  of  the  person 
making  the  confession,  be  examined  as  to  any  confession  made  to  him 
in  his  professional  character  in  the  course  of  discipline  enjoined  by  the 
church  to  which  he  belongs. 

4.  A  licensed  physician  or  surgeon  cannot,  without  the  consent  of 
his  patient,  be  examined  in  a  civil  action  as  to  any  information  ac- 
quired in  attending  the  patient,  which  was  necessary  to  enable  him  to 
prescribe  or  act  for  the  patient;  provided,  however,  that  after  the  death 
of  the  patient,  the  executor  of  his  will,  or  the  administrator  of  his 
estate,  or  the  surviving  spouse  of  the  deceased,  or,  if  there  be  no  sur- 
viving spouse,  the  children  of  the  deceased  personally,  or,  if  minors,  by 
their  guardians,  may  give  such  consent,  in  any  action  or  proceeding 
brought  to  recover  damages  on  account  of  the  death  of  the  patient, 
caused  by  the   negligent   or  wrongful   act  of   another. 

5.  A  public  officer  cannot  be  examined  as  to  communications  made  to 
him  in  official  confidence,  when  the  public  interest  would  suffer  by  the 
disclosure.     [Amendment  approved  April  26,  1911;  Stats.  1911,  p.  1135. J 

Citations.  Cal.  159/12,  14;  (subd.  1)  163/425;  (subd.  2)  156/263,  602; 
162/601;  (subd.  4)  156/232;  163/172,  173.  App.  12/195;  16/168;  (subd.  4) 
18/219. 

§  1886. 

Citations.     App.  15/357. 

§  1892. 

Citations.     App.  19/763. 

§  1894. 

Citations.      Cal.   155/200.     App.   13/627;    19/763. 

§  1899. 

Citations.     App.   17/408. 

§  1900. 

Citations.      App.   12/642. 

§  1901. 

Citations.     App.   12/642. 
7 


§§  1902-1933 


CODE   OF    CrVlL   PROCEDUEB. 


98 


§  1902. 

Citations.     App.   12/642. 

§  1905. 

CiUtions.     Cal.   162/890. 

§   1908. 

Citations.      Cal.    156/.311;    163/5.      App.    9/466;   18/728;    (subd.  2)    18/653. 

§   1910. 

Citations.      Cal.    161/402. 

§   1911. 

Citations.   Cal.  163/448;  164/560.   App.  9/466;  17/655;  18/186.  188. 

§  1913, 

Citations.      App.    12/104,    111. 

§  1916. 

Citations.      Cal.    156/807. 

§   1917. 

Citations.      App.    17/770;    19/99. 

§   1918. 

Citations.     App.    (subd.  5)   11/119. 

§  1919, 

Citations.      App.   9/684. 

§  1920. 

Citations.     App.   12/70. 

§   1926. 

Citations.      App.    12/70;    19/325. 

Deed  evidence  of  transfer. 

§  1928.  .\  deed  of  convevnnre  of  renl  property,  purporting  to  have 
been  executed  by  a  proper  officer  in  pursuance  of  legal  process  of  any 
of  the  courts  of  record  of  this  state,  acknowledged  and  recorded  in  the 
office  of  the  recorder  of  the  county  wherein  the  real  property  therein 
described  is  situated,  or  the  record  of  such  deed,  or  a  certified  copy  of 
such  record  is  prima  facie  evidence  that  the  property  or  interest  therein 
described  was  thereby  conveved  to  tlie  grantee  named  in  such  deed. 
[New  section  added  March  2l",  1911;  Stats.  1911,  p.  423.] 

§  1933. 

ClUtlons.      App.    12/579. 


00 


CODE   OP   CrVlL   PROCEDURE. 


§§  1937-1963 


§  1937. 

Citations.      App.    13/206;    16/571. 

§  1940. 

Citation!.     Cal.  155/550. 

§  1943. 

Citations.     App.   13/684. 

§   1944. 

Citations.      C»l.   155/499.      App.    14/510. 

§   1948. 

CiUtions.      Cal.    155/550. 

§  1951. 

Citations.      C«l.    163/163,    164.      App.   8/285    (cited  as  §  1851). 

§  1957. 

Citations.     Cal.   156/284. 

§   1958. 

Citations.      Cal.   156/284;    160/176.      App.    8/28. 

§  1959. 

Citations.     Cal.   160/176. 

§  1960. 

Citations.      App.   8/28   (cited  as  {  1900). 

§   1961. 

Citations.  Cal.  155/553;  156/282;  159/292;  160/176,  178;  162/518,  601. 
App.  13/352;  16/23. 

§  1962. 

Citations.  Cal.  155/553;  160/167;  (subd.  2)  163/154.  App.  19/698;  (subd. 
1)  9/257;  (subd.  2)  16/9;  (subd.  3)  19/697;  (subd.  5)  12/715. 

§  1963. 

Citations.  Cal.  159/292;  160/66;  163/306;  (subd.  1)  157/252;  (subd.  6) 
160/546;  (subd.  9)  159/292;  (subds.  11,  12)  162/518;  (subd.  15)  160/127; 
162/213;  (subd.  16)  162/395;  (subd.  19)  163/306;  (subd.  20)  159/293; 
163/306;  <subd.  24)  163/306;  (subd.  28)  157/209;  161/563;  163/306;  (subd. 
30)  157/209;  162/489:  (subd.  32)  157/198,  252;  (subd.  33)  157/209;  (subd. 
40)  160/553,  554.  App.  9/189;  12/642,  775;  13/352;  15/708;  (subd.  1) 
16/23;  (subds.  2,  3)  13/352;  (subd.  5)  14/612;  (subd.  6)  14/611,  612; 
(subd.  7)  8/78,  710;  (subd.  11)  13/132,  652;  (subd.  13)  8/77;  (subd.  15) 
13/652;  19/325;  (subd.  20)  8/77;  (subd.  21)  10/772;  16/569,  769;  18/253; 


§§  1971-2022  CODE  OF  ctvil  procedure.  100 

(subd.  25)  17/305;  (subd.  30)  14/336;  (snbd.  32)  9/237  (cited  as  J  1693, 
subd.  32);  13/593;  15/158;  (subd.  40)  8/27. 

§  1971. 

CiUtions.   Cal.  156/247;  162/662.   App.  9/87.  449;  12/126,  628:  18/282, 

748. 

§  1973. 

CiUtions.   Cal.  156/247;  162/433  (subd.  1)  156/786.   App.  12/274;  13/457; 
14/737;  18/748;  19/314;  (subd.  6)  14/265;  17/536;  (subd.  7)  19/312. 

§  1981. 

Citations.      Cal.    161/402. 

§  1985. 

Citations.      App.    8/15;    9/437. 

§  1986. 

Citations.      App.    8/14;    (subd.   3)    8/14,    15. 

§    1987. 

Citations.      App.   9/437    (cited  ss  S  1886). 

§  1989. 

Citations.      App.    15/355,    356. 

§   1991. 

Citations.      App.    8/16. 

§  2002. 

Citations.      Cal.    161/635. 

§  2006. 

Citations.     Cal.   158/403. 

§  2010. 

Citations.      Cal.    162/24. 

§  2020. 

Citations.      Cal.    155/33,   34. 

§  2021. 

Citations.   Cal.  155/34;  161/402;  (snbd.  6)  155/36.   App.  15/356;  17/722; 
(subd.  2)  8/14. 

§  2022. 

Citations.      Cal.    161/402. 


101  CODE  OP  CIVIL  PROCEDURE.  §§  2024-2075 

§  2024. 

Citations.  Cal.  158/402,  403.  Prac.  Act,  §  433  (corresponding  section): 
Cal.   158/403. 

§  2031. 

Citations.     Cal.   161/402. 

§  2032. 

CiUtions.     Cal.   161/587. 

§  2033. 

Citations.     App.   9/130. 

§  2043. 

Citations.     Cal.   161/70. 

§  2047. 

Citations.  Cal.  160/670;  164/530.  App.  8/G06;  9/684;  12/267;  13/207 
(cited  as  §  204). 

§  2049. 

Citations.     App.   10/403. 

§  2051. 

Citations.   Cal.  157/572;  164/703.  App.  14/275,  276;  15/405;  18/94,  296. 

§  2052. 

Citations.   Cal.  156/66;  157/144.  App.  8/556,  729;  9/203;  18/296. 

§  2054. 

Citations.     Cal.   161/402. 

S  2061. 

Citations.  Cal.  157/140;  158/483;  159/95,  204:  161/438.  App.  8/728, 
729;  11/564;  13/367;  14/120,  336,  432,  611,  612;  18/554;  (subd.  2)  8/122; 
9/257;  10/773,  788;  11/419;  12/95;  14/432;  (subd.  3)  8/729;  17/110; 
19/753;  (subd.  4)  9/339;  11/137;  (subd.  5)  14/611,  612;  16/22,  25;  (subd. 
6)  8/194;  9/339;  13/494;  14/611,  612;  (subd.  7)  9/339;  13/494. 

§  2065. 

Citations.     App.   13/748;   14/275,  276;   17/722. 

§  2074. 

Citations.     App.  8/391. 

§  2075. 

Citations.     App.  14/168. 


i§  2076-2093  code  of  crviL  procedure.  102 

§  2076. 

citations.   Cal.  163/646.   App.  8/171;  14/525;  18/233,  326. 

§  2077. 

Citations.      Cal.    161/80.    86;    (aubd.    1)    158/642;    (subd.    2)    157,397.      App. 

9/55'J.   5C2. 

§  2083. 

Citations.      Cal.    155/32,   33. 

§  2093. 

Citations.      App.    16/46;    17/71. 


THE 

CIVIL  CODE 

OF    TIIR 

STATE  OF  CALIFORNIA. 

AMENDMENTS  OF  1911  AND  1913. 
§  3. 

CiUtlons.     App.   10/797. 

§  4. 

CltaUons.      Cal.   157/794.      App.   14/494. 

§   6. 

Citations.      App.   10/797;    19/56.5,    506. 

Holidays.     Saturday  half-holiday.     Public  schools. 

§  7.  Holidays  within  the  meaning  of  this  code,  are  every  Sunday,  the 
first  day  of  January,  the  twelfth  day  of  February  to  be  known  as  Lin- 
coln day,  twenty-second  day  of  February,  thirtieth  day  of  May,  fourth 
day  of  July,  ninth  day  of  September,  first  Monday  in  September,  twelfth 
day  of  October,  to  be  known  as  "Columbus  day,"  twenty-fifth  day  of 
December,  every  day  on  which  an  election  is  held  through  the  state,  and 
every  day  appointed  by  the  President  of  the  United  States  or  by  the 
governor  of  this  state  for  a  public  fast,  thanksgiving  or  holiday. 

If  the  first  day  of  January,  twelfth  day  of  February,  twenty-second 
day  of  February,  the  thirtieth  day  of  May.  the  fourth  day  of  July,  the 
ninth  day  of  September,  the  twelfth  day  of  October  or  the  twenty-fifth 
(Jay  of  December  falls  upon  a  Sunday,  the  Monday  following  is  a  holiday. 

Every  Saturday  from  twelve  o'clock  noon  till  twelve  o'clock  midnight 
is  a  holiday  as  regards  the  transaction  of  business  in  the  public  oflScea 
of  this  state,  and  also  in  political  divisions  thereof  where  laws,  ordi- 
nances or  charters  provide  that  public  oflices  shall  be  closed  on  holidays; 
this  shall  not  be  construed  to  prevent  or  invalidate  the  issuance,  filing, 
service,  execution  or  recording  of  any  legal  process  or  written  instru- 
ment whatever  on  such  Saturday  afternoons;  and  provided  further,  that 
the  public  schools  of  this  state  shall  close  on  Saturday,  Sunday,  the  first 
day  of  January,  the  thirtieth  day  of  May,  the  fourth  daj'  of  July,  the 
twenty-fifth  day  of  December  and  on  every  day  appointed  by  the  Presi- 

(103) 


§§  11-39 


CIVIL    CODE. 


104 


dent  of  the  United  States  or  the  governor  of  this  state  for  a  public  fast, 
thanksgiving  or  holiday.  Said  public  schools  shall  continue  in  session 
on  all  other  legal  holidays  and  shall  hold  proper  exercises  commemorat- 
ing the  day.  Boards  of  school  trustees  and  city  boards  of  education 
shall  have  power  to  declare  a  holiday  in  the  public  schools  under  their 
jurisdiction  when  good  reason  exists  therefor.  [Amendment  approved 
March  27,  1911;  Stats.  1911,  p.  520.] 


§  11. 

Citations. 

§  13. 

Citations. 

§  14. 

Citations. 

§  16. 

Citations. 

§  17. 

Citations. 

§  18. 

Citations. 

§  19. 

Citations. 

§  25. 

Citations. 

§  27. 

Citations. 

§  35. 

Citations. 

§  36. 

Clutlons. 

§  37. 

Citations. 

§  38. 

Citations. 

§  39. 

Citations. 


Cal.    158/343.    347;    lGO/291.      App.   9/472. 

Cal.   162/92.      App.   10/143;   12/357;    14/466. 

Cal.   163/293,    296.      App.   13/421;    15/695. 

Cal.   159/775. 

Oal.   159/775. 

App.   18/646. 

Cal.    162/226;    163/535.      App.   12/81;    18/648. 

App.    19/603. 

App.   19/603. 

Cal.    156/302,    308. 

Cal.    156/303.  ' 

Cal.    156/303. 

Cal.    160/27.     App.   18/215,   216,  217.  218. 


Cal.    155/721;    160/27.      App.    18,  2i: 


218. 


105  CIVIL  CODE.  §§  40-82 

§  40. 

Citations.     App.   18/218. 

§  41. 

Citations.     Cal.   160/164. 

§   42. 

Citations.      App.    11/748. 

§  45. 

Citations.      Cal.   160/154;    161/513. 

§  47. 

Citations.   Cal.  160/164;  161/513,  514;  (subds.  2,  3)  161/514,  515;  (subds. 
4,  5)  161/515. 

§  48. 

Citations.     Cal.   160/164. 

§  49. 

Citations.     Cal.    (subds.  1,  2)   164/346. 

§  55. 

Citations.      Cal.   160/23;    162/474,   475,   490.      App.   12/717. 

§  56. 

Citations.      App.   19/252. 

§  59. 

Citations.     Cal.   160/25,  26. 

§   60. 

Citations.     Cal.   lCO/25,  26. 

§  61. 

Citations.      Cal.   160/25,   26,   27,   677;    162/474. 

§  70. 

Citations.     App.   18/462. 

§  80. 

Citations.      Cal.   160/25,  26. 

§  81. 

Citations.     Cal.   161/92. 

§  82. 

Citations.  Cal.  160/25,  26;  161/89,  92:  (subd.  2)  160/27,  677;  (subd.  3) 
161/89;  (subds.  4,  5,  6)  160/27.   App.  (subd.  6)  10/99. 


§§  83-128  CIVIL  CODE.  106 

§  83. 

Citations.      Cal.    161/89.      App.    18/613. 

§  84. 

Citations.      Cal.   156/806;    160/675. 

§  90. 

Citations.      Cal.   156/9. 

§   93. 

Citations.     Cal.   162/83.  84.     App.  8/351;  17/279. 

§  94. 

Citations.      Cal.    155/668.      App.    18/603. 

§  95. 

Citations.     Cal.    160/731. 

§  96. 

CiUtions.      Cal.    160/731;    161/138. 

§  98. 

Citations.      App.    17/244. 

§  99. 

Citations.      Cal.    160/731,   733. 

§    101. 

Citations.     Cal.   161/140. 

§   102. 

Citations.      App.    lJ/401.    493. 

§   103. 

Citations.      App.   9/359. 

§   114. 

Citations.      Cal.    160/733. 

§   124. 

CiUtions.      Cnl.    156/436.      App.    14  '492. 

§   125. 

Cit.itions.      App.    14    402. 

Residence  of  plaintiff  and  cross-complainant  in  action  for  divorce. 

§  128.     .V    ilivorci'    imi.>;t    not    be    nranti'<i    unltf-s   the    jilaintiff   has   b^en 
a  resident  of  the  state  one  year,  and  of  the  county  in  which  the  action 


107 


CIVIL    CODE. 


§§  130-158 


is  brought  three  months,  next  preceding  the  commencement  of  the  action; 
provided,  that  a  cross-complainant  in  an  action  for  divorce  need  not  be 
or  have  been  a  resident  of  the  state  or  of  the  county  in  which  the  action 
is  brought  or  pending  in  order  to  entitle  such  cross-complainant  to  a 
divorce  in  said  action;  and  provided,  further,  that  in  an  action  for 
divorce  a  cross-complainant  must  personally  verify  the  cross-complaint. 
[Amendment  approved  April  6,  1911;  Stats.  1911,  p.  686.] 
Citations.      Cal.   155/339,    340,    674. 

§  130. 

Citations.   Cal.  155/671,  674.  App.  10/204;  17/245,  602;  18/606. 

§  131. 

Citations.   Cal.  156/8;  162/52.   App.  9/752;  12/203,  204;  16/117;  18/606. 

§  132. 

Citations.      Cal.   156/8;   162/52;    164/182,  183.     App.  9/752,  753. 

§  136. 

Citations.      App.    12/638. 

§  137. 

Citations.   Cal.  156/656;  160/29,  30;  161/92;  162/351.  App.  15/618; 

16/102. 

§  138. 

Citations.   Cal.  156/269;  160/30;  162/628.  A-pp.  14/161. 

§  139. 

Citations.      Cal.   160/29,  30;   162/350,  351;   164/506. 

S  146. 

Citations.   Cal.  156/9;  (snbd.  4)  162/311.  App.  12/202;  16/344.  345; 
17/246;  (subd.  1)  16/101;  (subd.  4)  16/337,  339,  341. 

§  147. 

Citations.      Cal.   156/9.      App.   12/203.      - 

§  148. 

Citations.      Cal.   156/7.     App.   16/101. 

§  155. 

Citations.      Cal.   156/35. 

§   157. 

Citations.      Cal.   15^155. 

§  158. 

Citaitions.      Cal.   155/720;    156/4,    35.      App.   14/491,   493;    15/535. 


§§  ]59-196a  CIVIL  code.  108 

§  159. 

ClUtions.   Cal.  155/720;  156/4,  35;  161/140.   App.  14/491,  493;  15/535. 

§  162. 

Cltationi.      C»l.    158/155,    156.      App.    10/318;    19/188. 

§   163. 

Citations.   Cal.  156/8;  158/156.  623.   App.  10/318;  13/509;  15/583. 

§  164. 

ClUtlom.  Cal.  156/197,  281,  282,  283,  705;  158/156,  157:  159/642;  162/ 
176;  16.3/266,  270.  App.  10/316,  317,  318,  319,  794;  12/427,  642;  13/509; 
16/596,  597,  599;  18/580;  19/170. 

S  169. 

Citations.     Cal.   158/156. 

Married  woman's  torts. 

§  171a.  For  civil  injuries  committed  hy  a  married  woman,  damajjes 
may  be  rcpnvore<l  from  her  alone,  and  her  husband  shall  not  be  liable 
therefor,  cxeej)t  in  rases  where  he  would  be  jointly  liable  with  her  if 
the  marriage  did  not  exist.  f\ew  section  approved  >fiv  21.  1013;  Stats. 
1913,  p.  217.     In  eflFect  August  10,  1913.) 

§  172. 

Citations.  Cal.  155/720;  159/556;  161/69.  App.  10/448,  449;  13/171; 
14/537. 


§  174. 

ClUtlons. 

Cal.    158/493, 

§  175. 

Citations. 

Cal.    15S/124.   429; 

161/141 

§  176. 

Citations. 

Cal.    158/493. 

§  193. 

Citations.      Cal.    162/349.      App,    12/716. 

§   195. 

Citations.      App.    12    716. 

§   196. 

CiUtions.   Cal.  102  349,  350,  351;  164/505,  506,  507.   App.  19/110,  484, 
48:.,  -188. 

Support  of  illegitimate  child. 

§  196a.     The   father   as   well    as   the   mother,   of  an    illegitimate   child 
must    give    him    support    and    education    suitable    to    his    circumstances. 


109 


CIVIL   CODE. 


§§197-224 


A  civil  suit  to  enforce  such  obligations  may  be  maintained  in  behalf 
of  a  minor  illegitimate  child,  by  his  mother  or  guardian,  and  in  such 
action  the  court  shall  have  power  to  order  and  enforce  performance 
thereof,  the  same  as  under  sections  138,  139  and  140  of  the  Civil  Code, 
in  a  suit  for  divorce  by  a  wife.  [New  section  added  May  22,  1913; 
Stats.   1913,  p.   218.     In  'effect  August   10,   1913. J 

Custody  of  minors. 

§  197.  The  father  and  mother  of  a  legitimate  unmarried  minor 
child  are  equally  entitled  to  its  custody,  services  and  earnings.  If 
either  the  father  or  mother  be  dead  or  unable  or  refuse  to  take  the 
custody  or  has  abandoned  his  or  her  family,  the  other  is  entitled  to  its 
custody,  services  and  earnings.  [Amendment  approved  April  22,  1913; 
Stats.  "l913,  p.  52.  In  effect  August  10,  1913.] 
Citations.     App.   14/161. 

§  199. 

CiUtions.      Cal.   162/351. 

§  200. 

Citations.     App.   19/110. 

§  203. 

Citations.      Cal.   162/350,  351. 

§  204. 

Citations.     Cal.   164/506. 

§  206. 

Citations.   Cal.  157/670;  158/450;  159/506.  App.  15/498. 

§  207. 

Citations.      Cal.   162/345,    350. 

§  208. 

Citations.     Cal.   162/496. 

§  221. 

Citations.     Cal.   164/314.   315. 

Consent  to  adoption  of  children.  Abandoned  child.  Child  in  orphan 
asylum. 
§  224.  A  legitimate  child  cannot  be  adopted  without  the  consent  of 
its  parents,  if  living;  nor  an  illegitimate  child  without  the  consent  of 
its  mother,  if  living;  except  that  consent  is  not  necessary  from  a  father 
or  mother  deprived  of  civil  rights,  or  adjudged  guilty  of  adultery  or 
cruelty,  and  for  either  cause  divorced,  or  adjudged  to  be  habitually 
intemperate   in   the   use   of   intoxicants,   or   who   has  been   judicially   de- 


§§227-230  CIVIL  CODE.  110 

prived  of  the  custody  of  the  child  on  account  of  cruelty  or  neglect. 
Neither  is  consent  of  any  parent  necessary  in  case  of  any  abandoned 
child.  Any  child  deserted  by  its  parents  without  provision  for  their 
identification,  or  relinquished  by  its  parent  or  parents  for  the  purpose 
of  adoption  e.\pressed  in  writing  signed  and  acknowledged  by  such 
parent  or  parents  V)efore  an  officer  authorized  to  take  acknowledgments, 
or  before  the  secretary  of  any  organization  or  society  engaged  in  the 
work  of  placing  dependent  or  deserted  children  into  homes  in  this  state, 
which  organization  or  society  has  obtained  a  permit  therefor,  duly 
executed  in  writing,  from  the  state  board  of  charities  and  corrections, 
shall  from  the  date  of  such  act  of  desertion  or  of  such  relinquishment 
be  deemed  to  be  an  abandoned  child  within  the  meaning  of  this  section. 
Any  child  left  in  the  care  and  custody  of  another  by  its  parent  or 
parents,  without  any  provision  for  its  support,  for  the  period  of  one 
year,  may  after  such  notice  to  the  parent  or  parents  residing  within 
the  state  and  to  such  other  relatives  of  said  child  residing  within  the 
county  as  the  court  shall  require,  be  determined  by  order  of  the  juvenile 
court  of  the  county  in  which  said  child  was  so  left  to  be  an  aban- 
doned child  within  the  terms  of  this  section.  Any  abandoned  child 
within  the  meaning  of  this  section,  or  any  child  whose  parent  or  parents 
have  been  judicially  deprived  of  its  custody  on  account  of  cruelty  or 
neglect,  maintained  by  or  in  the  custody  of  any  orphan  asylum  within 
this  state,  any  charitable  organization  or  society  receiving  state  aid  or 
receiving  cominitnieuts  from  the  juvenile  court,  may  be  adopted  with  the 
consent  of  the  managers  of  such  orphan  asylum,  charitable  organization 
or  society.  Any  orphan  child  for  wliose  support  no  provision  has 
been  made  by  any  person  for  a  period  of  one  year,  but  who  has  been 
maintained  during  said  year  by  or  in  the  custody  of  any  or{>^an  asylum 
within  this  state,  any  cliaritable  organization  or  society  receiving  state 
aid  or  receiving  commitments  from  the  juvenile  court,  may  be  adopted 
with  the  consent  of  the  managers  of  such  orphan  asylum,  charitable 
organization  or  societv.  [.Vmendincnt  approved  April  2t>,  lyi3;  titats. 
iyi;{,   p.   95.     In   effect"  August   10,   1913.] 

Al8u   amended   April    12.    1911    (SlaK.    1911,   p.   699). 

ClUtlons.      Cal.    1C3/521.     5'JJ,     5J4.     525.     527,     628;     164/314,     315.      App. 
14/160,  161,  164. 

§   227. 

Citations.      Cal.    1G4/314,  315.   316.      App.   18 '120. 

§   228. 

Citations.      Cal.    If.l    314,    315.    316.      App.    18/120. 

§  229. 

ClUtlons.      Cal.    104/314.    315.      App.    18/120. 

§  230. 

Citations.      Col.    157/538,    542,    544,    545,    549;    164/314,    315.      App     12/715. 


Ill 


CIVIL    CODE. 


§§  234-290a 


§  234. 

citations.      Cal.    157/582. 

§  241. 

Citations.      Cal.    156/244;    162/627,   628. 

§  246. 

Citations.      Cal.   162/629;    (subd.    4)    156/243;    162/495,    497. 

§  253. 

Citations.     App.  15/249. 

§  284. 

Citations.     App.   11/405. 

§  290. 

Citations.      Cal.   155/642;    161/423.      App.   15/689;    19/540,   541. 

Capital  stock  of  trust  companies  in  cities  of  less  than  one  hundred 
thousand.  In  cities  of  more  than  one  hundred  thousand. 
§  290a,  Before  the  .secretary  of  state  issues  any  lertificati'  of  incor- 
poration to  any  corporation,  authorized  in  its  articles  of  incorporation 
to  conduct  the  business  of  acting  as  executor,  administrator,  guardian 
of  estates,  assignee,  receiver,  depositary,  or  trustee  under  appoint- 
ment of  any  court  or  by  authority  of  any  law  of  this  state  or  as  trustee 
for  any  purpose  permitted  by  law,  and  before  he  files  any  amended 
articles  of  incorporation  authorizing  such  purposes  if  the  principal 
place  of  business  of  such  corporation  is  in  a  city  of  which  the  popula- 
tion does  not  exceed  one  hundred  thousand  persons,  there  must  be  filed 
in  his  office  the  affidavit  of  all  the  directors  of  such  corporation  that 
at  least  one  hundred  thousand  dollars  of  the  capital  stock  has  actually 
been  subscribed  and  paid  in  in  cash  to  a  person  named  in  such  affidavit, 
for  the  conduct  of  such  trust  business  and  for  the  exclusive  benefit 
and  protection  of  the  creditors  of  such  trust  business,  and  if  the  princi- 
pal place  of  business  is  in  a  city,  the  population  of  which  exceeds  one 
hundred  thousand  persons,  there  must  be  filed  in  his  office  the  affidavit 
of  all  the  directors  of  such  corporation  that  at  least  two  hundred 
thousand  dollars  of  the  capital  stock  has  actually  been  subscribed  and 
paid  in  in  cash  to  a  person  named  in  such  affidavit,  for  the  conduct  of- 
such  trust  business  and  for  the  exclusive  benefit  and  protection  of 
the  creditors  of  such  trust  business  and  before  he  issues  any  certificate 
of  incorporation  to  any  corporation  authorized  in  its  articles  of  incor- 
poration to  engage  in  the  business  of  banking,  or  of  receiving  the  money 
of  others  on  deposit,  there  must  in  like  manner  be  filed  the  affidavit 
herein  that  a  capital  stock,  as  follows,  has  actually  been  subscribed, 
and  paid  in  in  cash  to  a  person  named  in  such  affidavit,  for  the  benefit 
of  the  corporation: 


§  290a  CIVIL  CODE.  112 

In  places   of  less  than  five   thousand. 

(a)  In  any  locality  in  which  the  population  does  not  exceed  five 
thousand  persons,  not  less  than  twenty  five  thousand  dollars  if  it  is 
incorporated  to  transact  either  a  commercial  or  savings  business  or  both, 
or  not  less  than  one  hundred  twenty-five  thousand  dollars  if  it  is  incor- 
porated to  transact  both  a  commercial  and  trust  business,  or  not  less 
th^n  one  hundred  twenty-five  thousand  dollars  if  it  is  incorporated 
to  transact  both  a  savings  and  trust  business  and  not  less  than  one 
hundred  twenty-five  thousand  dollars  if  it  is  incorporated  to  transact 
a  commercial,  savings  and  trust  business. 

In  cities  of  more  than  five  thousand. 

(b)  In  any  city  in  wliiih  the  jiopulation  is  more  than  five  thousand 
persons  but  does  not  exceed  twenty-five  thousand  persons,  not  less 
than  fifty  thousand  dollars  if  it  is  incorporated  to  transact  ehher  a  com- 
mercial or  savings  business  or  both,  or  not  less  than  one  hundred  fifty 
thousand  dollars  if  it  is  incorporated  to  transact  both  a  commercial 
and  trust  business,  or  not  less  than  one  hundred  fifty  thousand  liollars 
if  it  is  incorporated  to  transact  both  a  savings  and  trust  business, 
and  not  less  than  one  hundred  and  fifty  thousand  dollars  if  it  is  incor- 
porated to  transact  a  commercial,  savings  and  trust  business. 

In  cities  of  more  than  twenty-five  thousand. 

(c)  In  any  city  in  which  tlie  i»opulation  is  more  than  twenty-five 
thousand  persons,  but  docs  not  exceed  one  hundred  thousand  persons, 
not  less  than  one  hundred  thousand  dollars  if  it  is  incorporated  to 
transact  cither  a  coiiimerrial  or  savings  business  or  both,  or  not  less 
than  two  hundred  thousand  dollars  if  it  is  incorporated  to  transact  both 
a  commercial  and  trust  business,  or  not  less  than  two  hundred  thou- 
sand dollars  if  it  is  incorporated  to  transact  both  a  savings  and  trust 
business,  and  not  less  than  two  hundred  thousand  dollars  if  it  is  incor- 
I)oratcd  to  transact  a  commercial,  savings  and  trust  business. 

In  cities  of  more  than  one  hundred  thousand. 

(d)  In  any  city  in  wliicli  tlic  population  is  more  than  one  hundred 
thousand  persons  but  does  not  exceed  two  hundred  thousand  persons, 
not  less  than  two  hundred  thousand  dollars  if  it  is  incorporated  to 
transact  either  a  commercial  or  savings  business  or  both,  or  not. less 
than  four  hundred  thousand  dollars  if  it  is  incorporated  to  transact  both 
a  commercial  and  trust  businesss,  or  not  less  than  four  hundred  thousand 
dollars  if  it  is  incorporated  to  transact  both  a  savings  and  trust  busi- 
ness, and  not  less  than  four  hundred  thousand  dollars  if  it  is  incor- 
porateil   to  transact  a  commercial,  savings  and   trust   business. 

In  cities  of  more  than  two  hundred  thousand.     Population. 

(e)  In  any  city  in  which  the  population  exceeds  two  hundred  thou- 
sand persons,  not  less  than  three  hundred  thousand  dollars  if  it  is  incor- 
porated to  transact  either  a  commercial  or  savings  business  or  both,  or 


113 


CIVIL   CODE. 


§§  291-296 


not  less  than  five  hundred  thousand  dollars  if  it  is  incorporated  to  trans- 
act both  a  coiiiinercial  and  trust  business,  or  not  less  than  five  hundred 
thousand  dollars  if  it  is  incorporated  to  transact  both  a  savings  and 
trust  business,  and  not  less  than  five  hundred  thousand  dollars  if  it  is 
incorporated   to  transact   a   commercial,   savings   and   trust   business. 

For  the  purposes  of  this  section,  the  population  shown  and  deter- 
mincil  by  the  last  preceding  federal  census,  or  any  subsequent  census 
compiled  and  certified  under  anj'  law  of  this  state,  shall  be  deemed 
to  be  the  population  of  any  city  in  which  such  corporation  is  to  be 
organized.  If  the  princi|)al  ])lace  of  business  of  anj'  corporation  so 
organized  is  located  outside  of  the  corporate  limits  of  any  city,  then 
the  population  of  that  portion  of  the  judicial  township  in  which  said 
corporation  is  to  have  its  principal  place  of  business,  which  is  not 
included  witliin  the  boundaries  of  any  municipal  corporation,  as  such 
population  is  shown  and  determined  by  such  federal  or  subsequent  official 
census,  shall  be  the  basis  for  classifications  under  the  provisions  of 
this  section.  [Amendment  approved  May  8,  1913;  Stats.  1913,  p.  201. 
In  effect  August  10,  1913.] 

§  291. 

Citations.      App.   14/471,  472,  475,  477,  478,  479,  481;   15/683,   689;    19/540. 
541;    (subds.  2,   3)    14/480,  481;    (subd.  4)    14/481. 

Subscription  and  acknowledgment  of  axticles  of  incorporation. 

§  292.  The  articles  of  incorporation  must  be  subscribed  by  three  or 
more  persons,  a  majority  of  whom  must  be  residents  of  this  state,  and 
acknowledged  by  each  before  some  officer  authorized  to  take  and  certify 
acknowledgments    or    conveyances    of    real    property. 

Tlie  signature  of  each  person  named  in  said  articles  of  incorporation 
as  directors  of  such  corporation  shall  be  affixed  to  said  articles  of  incor- 
poration and  acknowledged  by  each  before  some  officer  authorized  to  take 
and  certifv  acknowledgments  of  convevances  of  real  property.  [Amend- 
ment approved  April  26,  1911;  Stats.'  1911,  p.  1112.] 
Citations.     App.   19/540. 


§  293. 

Citations. 


App.    14/471,  477,   481;    15/683,   689. 


§  294. 

Citations.      App.   14/471,  477,   481;    15/683,  689. 

§  295. 

Citations.      App.   14/471,  472,  477,  481;   15/683,  689. 

S  296. 

Citations.      Cal.   155/647.      App.   16/570. 

8 


§§297-320 


CrV'IL   CODE. 


114 


§  297. 

CitatioDB,      Cal.    158/570. 

§  299. 

Citations.      App.    14/529.   530. 

§   301. 

Citations.      Cal.    158/348.      App.    11/636. 

§  303. 

Citations.      App.    11/636. 

§  305. 

ClUtions.      Cal.    158/351;    161/628.   631.      App.   11/635. 

§  308. 

Citations.   Cal.  158/351;  161/631;  163/106.   App.  11/635. 

§  309. 

Citations.      Cal.    156/2'J8.   229;    157/729;    164/467,   468. 

§   310. 

Citations.     App.   8/712. 

§  312. 

Citations.      Cal.    157/757,    759. 

Stock  of  minors,   insane,  etc.,   how  represented. 

§  313.  The  sliari'S  of  stock  of  an  e.stato  of  a  minor,  or  insane  person, 
ni.iy  be  repre-sentf d  by  his  guardian,  and  of  a  deceased  person  by  his 
e.xcciitor  or  aiiniinistrator,  and,  except  when  otherwise  agreed,  all  shares 
of  stock  standing  on  the  books  of  a  cor|ioration  in  the  name  of  any  per- 
uon  as  pledgee  or  trustee,  may  be  represented  or  votetl  by  such  pledgee 
or  trustee  only  when  such  pledgor  or  beneficial  owner  fails  to  represent 
and  vote  the  same,  [.\niendinent  approved  March  9,  1911;  Stats.  1911, 
p.  318.] 

Citations.     App.   11/74  8. 

§  315. 

Citations.      App.    11/633. 

§   316. 

Citations.      Cal.    159    172.   173.      App.    10/359. 

§  319. 

ClUtions.      Cal.    161/626. 

§  320. 

Citations.      Cal.    161/628. 


115  CIVIL  CODE.  §§321a-331 

§  321a. 

CiUtioM.     Oal.   161/628. 

Voting  at  stockholders'  meetings.     Proxy.     Eevocation. 

§  321b.  At  all  inpetinKs  of  stockluildors  of  corporations  organized 
iiiiilpr  the  laws  of  this  .state,  or  in  the  case  of  corporations  having  no 
r.ipita!  stock,  then  at  ail  meetings  of  the  members  of  such  corporation, 
only  the  stockholders  or  members  actually  present  shall  be  entitled  to 
vote  on  any  proposition,  inchuling  the  election  of  directors  and  other 
otlicers  of  the  corporation,  unless  proxies  from  absent  or  nonattending 
stockholders  or  meuibers  shall  be  held  by  some  person  or  persons  present 
at  such  meeting  and  shall  be  executed  in  accordance  with  the  provi- 
sions of  this  section.  Every  such  proxy  must  be  executed  in  writing 
liv  the  member  or  stockholder  himself,  or  by  his  duly  authorized  attor- 
nl'v.  No  proxy  heretofore  given  or  made  shall  be  valid  after  the  expira- 
tion of  eleven  months  from  the  passage  of  this  act,  unless  the  member 
or  stockholder  executing  it  shall  have  specified  therein  the  length  of 
time  for  which  such  proxy  is  to  continue  in  force,  which  must  be  for 
some  limited  period,  and  in  no  case  to  exceed  seven  years  from  the 
ilate  of  the  execution  of  such  proxy.  No  proxy  hereafter  to  be  given 
or  made  shall  be  valid  after  the  expiration  of  eleven  months  from  the 
liate  of  its  execution,  unless  the  member  or  stockholder  executing  it 
shall  have  specified  therein  the  length  of  time  for  which  such  proxy  is  to 
continue  in  force,  which  must  be  for  some  limited  period,  and  in  no  case 
to  exceed  seven  years  from  the  date  of  the  execution  of  such  proxy. 
Kvery  proxy  shall  be  revocable  at  the  pleasure  of  the  person  executing 
it;  but  a  corporation  having  no  capital  stock  may  prescribe  in  its  by- 
laws the  persons  who  may  act  as  proxies  for  members,  and  the  length 
of  time  for  which  such  proxies  maj'  be  executed.  Executors,  adminis- 
trutors,  guardians  and  trustees  may  give  proxies.  [Amendment  ap- 
proved May  20,  1913;   Stats.  1913,  p.  230.     In  effect  August   10,  1913.] 

§  322. 

Citations.  Cal.  158/277,  279,  281;  160/579,  580,  581,  585,  586,  537.  App. 
10/577;  13/27;  16/405,  414;  18/738;  19/128. 

§  323. 

Citotions.     Cal.   157/633. 

.     §  324. 

Citations.      Cal.   157/575,   576,   578;    164/136,   672.     App.   18/737;    19/131, 

§  325. 

Citations.     Cal.   156/35. 

§  331. 

Citations.     App.   9/531;    15/158,   159. 


§§  332-347 


CIVIL    CODE. 


116 


§  332. 

Citations.     Cal.   157/446.     App.  9/531.  ' 

§  333. 

Citations.     App.  9/531. 

§  334. 

Citations.      Cal.   160/449,   450. 

§  336. 

Citations.     App.   9/532. 

§  337. 

Citations.     App.  9/532. 

§  338. 

Citations.     App.   9/532. 

§  339. 

Citations.      App.   9/532. 

§  340. 

Citations.     App.   15/87. 

§  343. 

Citations.      Cal.   163/738,   739. 

§  344. 

Citations.      Cal.   163/739. 

Extension  of  time  of  delinquent  stock  sale. 

§  345.  The  dates  fixed  iu  any  notice  of  assessment  or  notice  of  Jelin- 
quoiit  sale,  luiblislied  aci-ording  to  the  provisions  hereof,  may  be  ex- 
tended from  time  to  time  for  not  more  than  thirty  days,  by  order  of 
the  directors,  entered  on  the  records  of  the  corporation,  or  by  the  secre- 
tary, or  assistant  secretary,  of  the  corporation  when  delinquent  sale  is 
restrained  by  order  of  court,  or  by  judge  thereof;  but  no  order  extend- 
ing the  time  for  the  performance  of  any  act  specified  in  any  notice  is 
effectual  unless  notice  of  such  extension  or  postponement  is  appended 
to  and  published  with  the  notice  to  which  the  order  relates.  [Amend- 
ment approved  May  20,  1913;  Stats.  1913,  p.  229.  In  eflfect  August  10, 
1913.] 

Citations.      Cal.    160/448,  449.  450. 

§  346. 

Citations.      Cal.   160/448,    449,   450.      App.   9/531,    532. 

§   347. 

Citations.      Cal.   153/351.      App.    15.  88. 


117  CIVIL  CODE.  §§  349-409 

§  349. 

citations.      Cal.   160/449.      App.  9/531,    532;    15/86. 

§  354. 

Citations.      App.    (subd.    8)    11/395. 

§  358. 

Citations.      App.    13/385,    386,   388;    16/571. 

§  359. 

Citations.      Cal.   157/729;    159/209,   218,  220,  221,   222,  223;    (subd.   5)    163/ 
105.      App.    19/544,    545,    546. 

§  360. 

Citations.     App.   14/320. 

§  361a. 

Citations.      Cal.    161/630. 

§  362. 

Citations.      App.  19/541,   542,  544. 

§  377. 

Citations.     App.  10/359. 

§  378. 

Citations.      Cal.   157/581;    163/771. 

§  388. 

Citations.     App.   17/346. 

§  400. 

Citations.      Cal.   156/95,   102.      App.   14/270,   271. 

§  405. 

Citations.   Cal.  156/467,  469;  163/281;  164/329.  App.  9/285,  286,  287; 
12/447,  448,  449,  703;  13/60;  15/696;  18/492. 

§  406. 

Citations.  Cal.  156/469;  163/281.  App.  9/285,  286;  12/703;   15/696; 
18/492. 

§  407. 

Citations.   Cal.  156/469;  164/232,  233.  App.  10/72,  73;  15/682,  683,  684, 
694,  695,  696,  697,  699. 

§  408. 

Citations.  Cal.  156/469;  163/289.  App.  10/74;  13/60;  15/694,  696. 

§  409. 

Citations.      Cal.   163/279,    588.      App.    15/696. 


§§410-421  crviL  CODE.  118 

Foreign   corporations   failing  to   comply   with   law. 

§  410.  Every  corporation  organized  under  the  laws  of  another  state, 
or  territory,  or  of  a  foreign  country,  which  shall  neglect  or  fail,  within 
ninety  days  from  the  taking  effect  of  this  section,  to  comply  with  the 
conditions  of  sections  408  and  409  of  this  code,  shall  be  subject  to  a  fine 
of  not  less  than  five  hundred  dollars,  to  be  recovered  in  any  court  of 
competent  jurisdiction;  and  it  is  hereby  made  the  duty  of  the  secretary 
of  state,  as  he  may  be  advised  that  corporations  are  doing  business  in 
contravention  of  sections  408  and  409  of  this  code,  to  report  the  fact 
to  the  governor,  who  shall  instruct  (1)  the  district  attorney  of  the 
county  wherein  such  corporation  has  its  principal  place  of  business,  or 
(2)  the  attorney  general  of  the  state,  or  both,  as  soon  as  practicable, 
to  institute  proceedings  to  recover  the  fine  provided  for  in  this  section, 
and  the  amount  so  recovered  must  be  paid  into  the  state  treasury  to  the 
credit  of  the  general  fund  of  the  state;  in  addition  to  which  penalty,  no 
foreign  corporation  which  shall  fail  to  comply  with  sections  408  and  409 
of  this  code  can  maintain  any  suit  or  action  in  any  of  the  courts  of  this 
state,  or  acquire  or  convey  any  legal  title  to  any  real  property  within 
this  state,  until  it  has  complied  with  said  sections;  provided,  that  any 
such  corporation  which,  prior  to  the  eighth  day  of  March,  nineteen  hun- 
dred and  one,  shall  have  complied  with  the  provisions  of  the  act  entitled 
"An  act  to  amend  'An  act  in  relation  to  foreign  corporations,'  approved 
April  first,  eighteen  hundred  and  seventy-two,"  approved  March  seven- 
teenth, eighteen  hundred  and  ninety-nine,  is  exempted  from  the  provi- 
sions of  this  section  and  the  two  sections  next  preceding.  [Amendment 
approved  April  26,  1911;  Stats.  1911,  p.  1113.] 
Citations.      Cal.    164/3J9.      .\pp.    15/696. 

Investments  of  Insurance  companies.     Policy  loans. 

§  421.  ('ompanios  organized  under  the  laws  of  this  state  for  the 
transaction  of  business  in  any  kind  of  insurance  may  invest  their  capital 
and    accumulations    in    the    following    named    securities: 

1.  In  the  purchase  of,  or  loans  upon  interest-bearing  bonds  of  the 
United  States,  or  those  for  which  the  faith  and  credit  of  the  United 
States  are   pledged   for  the   payment   of  principal   an<i   interest. 

2.  In  the  purchase  of.  or  loans  upon  interest-bearing  bonds  of  any  of 
the  states  of  the  United  States  not  in  default  for  interest  on  such 
bonds,  including  bonds  of  tliis  state,  or  those  for  which  the  faith  and 
credit  of  the  state  of  California  are  pledged  for  the  payment  of  prin- 
cipal  and   interest. 

.S.  In  the  purchase  of,  or  loans  upon  interest-bearing  bonds  of  any 
of  the  counties  and  incorjiorated  cities  and  towns  and  duly  organized 
school  districts  of  any  state  or  territory  of  the  United  States  not  in 
default    for    interest    on    such    bonds. 

4.  In  the  purchase  of,  or  loans  upon  interest-bearing  bonds  of  irri- 
gation   districts    as    provided    or    authorized    by    section    8    of    an    act 


119  CIVIL  CODE.  §  421 

entitled  "^^  n  act  relating  to  bonds  of  irrigation  districts,  providing  under 
what  circumstances  such  bonds  may  be  made  legal  investments  for  the 
funds  of  banks,  banking  associations,  trust  companies,  insurance  com- 
panies, and  for  the  state  school  funds  and  trust  funds,  and  providing 
for  the  deposit  of  such  bonds  as  security  for  public  moneys,  and  pro- 
viding for  a  commission  for  approving  certain  bonds  of  irrigation  dis- 
tricts, for  a  report  thereon,  for  the  filing  of  such  report,  for  a  certifi- 
cate of  the  state  controller,  and  for  the  recording  of  such  bonds  in 
the  office  of  the  state  controller,"  approved  December  18,   1911. 

5.  In  loans  secured  by  mortgage  or  deed  of  trust  upon  unencumbered 
real  estate,  improved  or  unimproved,  or  in  the  purchase  of,  or  loans 
upon  notes  or  bonds  so  secured;  provided,  that  the  principal  so  loaned, 
or  the  entire  note  or  bond  issue  under  such  mortgage  or  deed  of  trust 
shall  not  exceed  sixty  per  centum  of  the  market  value  of  such  real 
estate  with  improvements  taken  as  security;  and  provided,  further,  in 
case  said  loan  is  made,  or  said  note  or  bond  issue  created  for  a  build- 
ing loan  on  real  estate,  that  at  no  time  shall  the  principal  so  loaned  or 
the  entire  note  or  bond  issue  exceed  sixty  per  centum  of  the  market 
value  of  the  real  estate  and  the  actual  cost  of  the  improvements  thereon 
taken    as    security. 

6.  Companies  organized  for  and  engaged  in  the  business  of  fire,  life, 
health,  accident  and  marine  insurance,  may,  after  the  investment  of 
two  hundred  thousand  dollars,  and  companies  duly  formed  or  organized 
for  the  transaction  of  business  in  any  other  kind  of  insurance  except 
mortgage  insurance  may,  after  the  investment  of  one  hundred  thousand 
dollars,  in  the  manner  provided  in  subdivisions  1,  2,  3,  4  and  5  of  this 
section,  invest  the  balance  of  their  capital  and  any  accumulations  in 
the  purchase  of  or  loans  upon  the  stock  of  any  corporation  (except  min- 
ing companies)  organized  and  carrying  on  business  under  the  laws  of  the 
state  of  California  which  have  at  the  time  of  investment  a  market  value 
of  not  less  than  their  paid-in  value,  and  which  are  rated  as  first-class 
securities,  or  in  interest-bearing  bonds  of  any  corporation  of  any  state 
or  territory  of  the  United  States  not  in  default  for  interest  on  such 
bonds;  provided,  that  a  two-thirds  vote  of  all  the  directors  of  such 
corporation  shall  approve  such  investment.  It  shall  be  the  duty  of 
the  officers  of  such  corporation  to  report  quarterly  during  the  months  of 
January,  April,  Julj-  and  October  of  each  year  to  the  insurance  com- 
missioner a  list  of  such  investments  so  made  by  them,  and  the  insur- 
ance commissioner  may,  if  such  investment,  or  any  of  them,  seem  inju- 
dicious to  him,  require  the  sale  of  the  same.  But  no  investment  in  the 
securities  named  in  subdivisions  1,  2,  3,  -4  and  6  of  this  section  must 
be  made  in  an  amount  exceeding  the  market  value  of  such  securities, 
at   the   date   of   such    investment. 

7.  Life  insurance  companies  may  loan  upon  their  own  policies;  pro- 
vided, that  the  amount  so  loaned  upon  each  policy  shall  not  exceed 
the   reserve   against    said   policy    at   the    time   said   loan   is    made;   pro- 


§  422  CIVIL  CODE.  120 

vided,  further,  that  no  policy  loans  whatever  shall  ever  be  used  as 
security  which  may  be  deposited  with  the  insurance  commissioner  under 
section  634  of  the  Political  Code;  and  provided,  further,  that  whenever 
any  such  loan  in  any  amount  is  made  on  a  policy  registered  with  the 
insurance  commissioner  under  said  section  634  of  the  Political  Code,  such 
registration  shall  be  forthwith  canceled.  [Amendment  approved  June 
6,  1913;  Stats.  1913,  p.  487.  In  effect  August  10,  1913.] 
Citations.      Cal.    (subd.    7)    11/394. 

Report  on  stocks  and  bonds  held  by  insurance  companies.  How  valued. 
§  422.  If  any  domestic  insurance  corporation  shall  have  invested  any 
of  its  funds  in  or  loaned  any  of  its  funds  upon  the  stock,  bonds  or 
other  evidences  of  debt  of  other  corporations  or  of  any  nation,  state, 
count}',  city,  village,  school  district,  municipality,  or  other  civil  division 
of  any  state,  pursuant  to  the  laws  of  this  state,  and  the  insurance  com- 
mission shall  have  reason  to  believe  that  such  stock,  bonds  or  other 
evidences  o-f  debt  are  not  amply  secured  or  are  not  yielding  an  income, 
he  may  direct  it  to  report  to  him  under  oath  the  amount  thereof,  the 
security  therefor  and  its  market  value.  No  stock  and  no  bond  or  other 
evidence  of  debt  if  in  default  as  to  principal  or  interest,  or  if  not  amply 
secured,  shall  be  valued  as  an  asset  of  the  corporation  above  its  market 
value.  .Ml  bonds  or  other  evidences  of  debt  held  by  any  insurance 
corporation  autliorized  to  do  business  in  this  state,  if  amply  secured  and 
if  not  in  default  as  to  principal  or  interest,  may  in  the  discretion  of 
the  insurance  commissioner,  be  valued  as  follows:  If  purchased  at 
par  at  the  par  value;  if  purchased  above  or  below  par,  on  the  basis 
of  the  purchase  price  adjusted  so  as  to  bring  the  value  to  par  at  ma- 
turity and  so  as  to  yield  the  effective  rate  of  interest  at  which  the 
purchase  was  made;  provided,  tliat  the  purchase  price  shall  in  no  case 
be  taken  at  a  higher  figure  than  the  actual  market  value  at  the  time 
of  purchase;  and  provided,  furtiier,  that  the  insurance  commissioner 
shall  have  full  discretion  in  determining  the  method  of  calculating 
values  according  to  the  foregoing  rule,  and  the  values  found  by  him 
in  accordance  with  such  method  shall  be  final  and  binding;  provided, 
also,  that  any  such  corporation  may  return  such  bonds  or  other  evidence 
of  debt  at  their  market  value  or  their  book  value,  but  in  no  event  at 
an  aggregate  value  exceeding  the  aggregate  of  the  values  calculated 
according  to  the  foregoing  rule.  [New  section  approved  June  6,  1913; 
Stats.  1913,  p.  464.     In  effect  August  10,  1913.] 


121  CIVIL  CODE.  §§429^50 

The  headings  of  the  title  of  chapter  2,  of  title  2,  of  part  4,  of  division 
first,  of  the  Civil  Code  are  hereby  changed  to  read  as  follows: 

CHAPTER    II. 
Fire  and  Marine  Insurance  Corporations. 

Sec.  424.  Payment  of  subscriptions.  Capital  to  be  all  paid  in  tvirelve 
months. 

Sec.  425.     Certificate  of  capital  stock  paid  up  to  be  filed,  and  when. 

Sec.  426.     Property  which  may  be  insured. 

Sec.  428.     Limit  of  one   risk. 

Sec.  429.     Amounts  to  be   reserved   before   making  dividends. 

Sec.  430,  Reservations  by  companies  with  less  than  two  hundred  thou- 
sand dollars  capital. 

[Headings  changed  June  6,  1913;   Stats.   1913,  p.  487.     In  effect  August 

10,   1913.] 

Dividends  from  profits  only. 

§  429.  No  corporation  formed  subsequent  to  April  first,  eighteen  hun- 
dred and  seventy-eight,  under  the  laws  of  this  state,  and  transacting 
fire,  marine  or  inland  navigation  insurance  business,  must  make  any 
dividends  except  from  profits  remaining  on  hand  after  retaining  un- 
impaired: 

1.  The  entire  subscribed  capital  stock. 

2.  All  the  premiums  received  or  receivable  on  outstanding  marine 
or   inland   risks,   except   marine   time   risks. 

3.  A  fund  equal  to  one-half  of  the  amount  of  all  premiums  on  all 
other  risks  not   terminated  at  the  time  of  making  such  dividend. 

4.  A  sum  sufficient  to  pay  all  losses  reported  or  in  course  of  settle- 
ment, and  all  liabilities  for  expenses  and  taxes.  [Amendment  approved 
June  6,  1913;   Stats.  1913,  p.  4S9.     In  efifect  August  10,  1913.] 

§  432,  [Repealed  June  6,  1913;  Stats.  1913,  p.  489.  In  effect  August 
10,  1913.] 

Provisions  of  life  insurance  policies  issued  in  this  state. 

§  450.  Every  contract  or  policy  of  life  insurance  hereinafter  made  Dy 
any  person  or  corporation,  with  and  upon  the  life  of  a  resident  of  this 
state,  and  delivered  within  this  state,  shall  provide,  in  event  of  default 
of  any  premium  payment  after  three  full  annual  premiums  shall  have 
been  paid  on  such  policy,  that  without  any  action  on  the  part  of  the  in- 
sured, the  net  value  of  such  policy  based  upon  the  reserve  basis  used 
in  computing  the  premiums  and  values  thereunder  (the  policy  to  specify 
the  mortality  table  and  rate  of  interest  so  adopted)  which  net  value 
shall  be  at  least  equal  to  its  entire  net  reserve  at  the  date  of  default, 
including  that  of  dividend  additions,  if  any,  based  upon  a  standard  not 
lower  than  the  American  experience  tables  of  mortality  with  interest  at 


§  450  crv'iL  CODE.  122 

three  and  one-half  per  cent  yearly,  less  a  surrender  charge  of  not  more 
than  two  and  one-half  per  cent  of  the  face  amount  of  the  policy  and  of 
any  existing  dividend  additions  thereto  and  less  any  indebtedness  to  the 
company  on  or  secured  by  the  policj-,  shall  be  applied  as  a  single  pre- 
mium to  the  purchase  of  one  of  the  following  stipulated  forms  of  in- 
surance: 

First — Paid-up  nonparticipating  term  insurance  in  the  amount  of  the 
face  of  the  policy,  plus  dividend  additions,  if  any,  for  such  a  period  as 
the  net  value  outlined  above  will  purchase  at  the  net  single  premium, 
at  the  attained  age  of  the  insured  at  the  time  of  the  lapse,  based  upon 
the  reserve  basis  described  in  the  policy;  provided,  however,  that  under 
endowment  contracts  the  term  shall  not  extend  beyond  the  endowment 
period  named  in  the  original  contract,  and  the  excess  value,  if  any,  shall 
be  applied  as  a  net  single  premium  to  purchase  in  the  same  manner 
paid-up  pure  endowment  insurance,  payable  at  the  end  of  the  endowment 
period   named   in   the   contract   if  the   insured  be   then  living,  or, 

Second — Paid-up  nonparticijiating  term  insurance  in  the  amount  of  the 
face  of  the  policy,  plus  dividend  additions,  if  any,  and  less  any  outstand- 
ing indebtedness,  for  such  a  period  as  the  net  value  outlined  above  will 
purchase  at  the  net  single  premium,  at  the  attained  age  of  the  insured, 
based  uj)on  the  reserve  basis  described  in  the  policy,  provided,  however, 
that  under  endowment  contracts  the  term  shall  not  extend  beyond  the 
endowment  period  named  in  the  original  contract,  and  the  excess  value, 
if  any,  shall  be  ajtplied  as  a  net  single  premium  to  purchase  in  the  same 
manner  paid-up  pure  endowment  insurance,  payable  at  the  end  of  the 
endowment  period  named  in  the  contract  if  the  insured  be  then  living,  or. 

Third — Paid  up  nonparticipating  insurance  payable  at  the  time  and  on 
the  conditions  named  in  the  policy  for  such  an  amount  as  the  net  value 
outlined  above  will  purchase  at  the  net  single  premium,  at  the  attained 
ago  of  the  insured,  based  ujion  the  reserve  basis  described  in  the  policy. 

Provided,  howe\  er,  that  the  policy  may  be  surrendered  to  the  company, 
at  its  home  dftice,  ujion  due  application  by  the  legal  owner  thereof, 
within  one  month  after  date  of  premium  default,  for  a  specified  cash 
value  whiih  shall  be  at  least  equal  to  tlie  sum  which  would  be  otherwise 
available  for  the  purchase  of  the  automatic  form  of  insurance  provided 
therein;  and  provided,  further,  that  the  comjiany  may  defer  payment 
of  such  cash  value  for  not  more  than  six  months  after  application  there- 
for is   made. 

No  agreement  between  the  company  and  the  policy-holder  or  applicant 
for  insurance  contrary  to  the  foregoing  shall  be  held  to  waive  any  of  the 
I>iovisions   provided   above. 

Any  life  insurance  policy  issued  upon  the  life  of  a  resident  of  this 
state,  and  delivered  within  this  state,  which  does  not  contain  an  auto- 
matic nonforfeiture  value  in  conformity  ■  with  the  foregoing  shall  be 
construed  as  granting  nonparticipating  term  insurance,  as  provided  in 
paragraph  first  of  this  section,  and  such  a  benefit  shall  be  read  into  the 
contract. 


123  CIVIL  CODE.  §§452a-453s 

The  provisions  of  this  section  shall  not  apply  to  annuities,  industrial 
policies  or  to  term  contracts  issued  for  periods  of  twenty  years  or  less. 
[Amendment  approved   May   1,  1911;   Stats.   1911,  p.   1272.] 

Formation  of  mutual  benefit  associations. 

§  452a.  Associations  of  any  nunihor  of  persons  may  be  formed  for 
the  purjiose  of  paying  the  nominee  of  any  member  a  sum,  upon  the  death 
of  the  member,  not  exceeding  three  dollars  for  each  member  of  the 
association,  but  not  exceeding,  in  any  case,  the  sum  of  three  thousand 
dollars.  Such  association  may  be  formed  by  filing  articles  of  incorpora- 
tion in  the  office  of  the  clerk  of  the  county  in  which  the  principal  place 
of  business  is  situated  and  a  certified  copy  of  such  articles  of  incor- 
poration, duly  certified  by  the  county  clerk,  in  the  office  of  the  secretary 
of  state.  Such  articles  must  state  the  name  of  the  corporation,  its 
general  purposes,  its  principal  place  of  business,  its  term  of  existence, 
not  exceeding  fifty  years  and  the  names  and  residences  of  the  directors 
selected  or  appointed  to  serve  for  the  first  year.  The  articles  of  in- 
corporation must  be  signed  by  not  less  than  twenty-five  members  of  such 
association  and  must  be  acknowledged  by  them  as  required  bv  section 
292.  [Amendment  approved  April  2,  1913;  Stats.  1913,  p.  12.  'in  effect 
August  10,   1913.] 

A  new  chapter  is  hereby  added  to  the  Civil  Code,  to  be  known  as 
chapter  7,  of  title  2,  of  part  4,  of  division  first,  of  said  Civil  Code, 
relating   to   title   insurance   corporations,   and   to   read  as  follows: 

CHAPTER   VII. 
Title   Insurance    Corporations. 

Sec.  453s.     Title  insurance  companies  subject   to  insurance  laws   and  to 

insurance    commissioner. 
Sec.  453t.     Guarantee  fund  and  investments. 
Sec.  453u.     Title  insurance  surplus  fund. 
Sec.  453v.     Policy   of  title  insurance   defined. 
Sec.  453w.     Further   powers    of    title    insurance    companies. 
Sec.  453x.     Combined  title  insurance  and  trust  company. 
Sec.  453y.     Must   have    certificate    of   insurance    commissioner. 
Sec.  453z.     Loans  to  directors,  officers  and  employees. 
[Nev?  chapter  added  June  6,  1913;   Stats.  1913,  p.  490.] 

Title  insurance  companies  subject  to  insurance  department. 

§  453s.  Every  title  insurance  company  shall  be  subject  to  and  shall 
comply  with  all  the  requirements  of  the  insurance  laws  and  the  rules 
and  regulations  of  the  insurance  department  of  this  state,  and  the 
insurance  commissioner  shall  have  the  same  power  and  authority  re- 
garding any  such  corporation  that  he  ma\'  exercise  in  relation  to  other 
insurance   corporations   organized   under   the   laws   of   this   state,   includ- 


§  453t  CIVIL   CODE.  12i 

ing  the  right  to  examine  and  inspect  the  financial  condition  and  afiFairs 
of  sueh  company  relating  to  the  insurance  business  of  such  company,  and 
to  compel  compliance  with  the  provisions  of  law  governing  any  such 
corporation.  [New  section  approved  June  6,  1913;  Stats.  1913,  p.  490. 
In  effect  August  10,  1913.] 

Guarantee  fund  securities.  Evidence  of  title  to  real  property.  Value  of 
property.  Cost  of  examination.  Plant. 
§  453t.  P^very  title  insiiraine  coinpany,  before  issuing  any  guaranty 
or  policy  of  insurance  shall  deposit  as  a  "guarantee  fund"  for  the  benefit 
of  the  holders  of  such  guaranties  and  policies  of  insurance,  the  sum  of 
one  hundred  thousand  dollars  in  the  securities  mentioned  in  subdivi- 
sions 1,  2,  3,  4  and  5  of  section  421  of  the  Civil  Code,  in  which  the 
capital  and  accumulations  of  insurance  companies  are  allowed  by  the 
laws  of  this  state  to  be  invested.  Said  securities  shall  be  subject  to 
the  approval  of  the  insurance  commissioner,  and  shall  be  deposited  with 
the  treasurer  of  state,  and  said  treasurer  shall  give  his  receipt  therefor, 
and  the  state  shall  be  responsible  for  their  custody  and  safe  return. 
Said  securities  so  deposited  may  be  exchanged  from  time  to  time,  with 
the  approval  of  the  insurance  commissioner,  for  other  securities  re- 
ceivable as  aforesaid,  and  so  long  as  the  company  so  depositing  said 
securities  shall  continue  solvent,  said  company  shall  have  the  right 
and  shall  be  |)orniitted  by  the  state  treasurer  to  receive  the  interest  and 
dividends  on  the  securities  so  deposited.  Said  securities  shall  be  subject 
to  sale  and  transfer  and  to  the  disposal  of  the  proceeds  by  said  treas- 
urer, only  on  the  order  of  a  court  of  competent  jurisdiction,  and  for 
the  benefit  of  the  holders  of  such  guaranties  and  policies  of  insurance. 
When  any  part  of  such  deposit  is  made  in  bonds  secured  by  mortgages 
or  deeds  of  trust  of  real  property,  or  in  loans  upon  real  property  secured 
by  mortgages  or  deeds  of  trust,  such  mortgages  or  deeds  of  trust  shall 
be  accompanied  by  evidence  of  title  issued  by  a  person,  company,  or 
corporation  designated  or  apjiroved  by  the  insurance  commissioner  and 
autliorized  by  law  or  otherwise  found  by  the  insurance  commissioner  to 
\)e  competent  to  issue  such  evidence  of  title.  Such  evidence  of  title 
shall  consist  either  of  a  full  abstract  of  title,  a  full  certificate  of  title, 
or  a  policy  of  title  insurance,  and  such  evidence  of  title  shall  be  ex- 
amined and  approved  by  or  under  the  direction  of  the  insurance  com- 
missioner. The  value  of  the  property  covered  by  each  such  mortgage 
or  deed  of  trust,  shall  be  appraised  by  one  or  more  appraisers  selected 
or  approved  by  the  insurance  commissioner.  The  appraisers  shall  be 
rositiciits  of  the  county  in  which  the  property  or  some  part  thereof  is 
situated.  The  reasonable  cost  of  examining  such  evidence  of  title  and 
of  making  sucli  appraisement,  shall  be  ]iaid  by  the  title  insurance  com- 
pany making  such  deposit,  and  shall  not  exceed  twenty  dollars  for  ex- 
amining the  title  to  the  property  covered  by  each  mortgage  or  deed 
of  trust,  nor  five  dollars  for  each  appraiser,  not  exceeding  two,  besides 
the    necessary    expenses    of    such    appraisers.     Any    such    corporation    or- 


125  CIVIL  CODE.  §§  453u-453w 

ganized  under  the  laws  of  this  state  and  having  a  capital  stock  paid  in, 
in  cash,  of  more  than  one  hundred  thousand  dollars  and  after  depositing 
said  guarantee  fund  as  above  provided,  may  invest  an  amount  not  ex- 
ceeding fifty  per  cent  of  its  subscribed  capital  stock  in  the  preparation 
and  purchase  of  materials  or  plant  necessary  to  enable  it  to  engage 
in  such  title  insurance  business;  and  such  materials  or  plant  shall  be 
deemed  an  asset,  valued  at  the  actual  cost  thereof,  in  all  statements 
and  proceedings  required  by  law  for  the  ascertainment  and  determina- 
tion of  the  condition  of  such  corporation,  or  at  such  lesser  value  as 
may  be  estimated  by  such  corporation  in  any  such  statement  or  proceed- 
ing, or  omitted  entirely  therefrom.  [New  section  aooroved  June  6,  1913; 
Stats.  1913,  p.  490.     In  effect  August  10,  1913.] 

"Title    insurance    surplus    fund."     Dividends. 

§  453u.  Every  title  insurance  company  shall  annually  set  apart  a 
sum  equal  to  ten  per  cent  of  its  premiums  collected  during  the  year, 
which  sums  shall  be  allowed  to  accumulate  until  a  fund  shall  have  been 
created  equal  in  amount  to  twenty-five  per  cent  of  the  subscribed  capital 
stock  of  such  corporation.  Such  fund  shall  be  maintained  as  a  further 
security  to  holders  of  the  guaranties  and  policies  of  insurance  issued  by 
such  corporation,  and  shall  be  known  as  the  "Title  insurance  surplus 
fund";  and  if  at  any  time  such  fund  shall  be  impaired  by  reason  of 
a  loss,  the  amount  by  which  it  may  be  impaired  shall  be  restored  in 
the  manner  hereinabove  provided  for  its  accumulation.  The  reporting 
of  a  loss  shall  be  deemed  an  impairment  of  such  fund  for  the  purposes 
of  this  section.  Such  corporation  must  not  make  any  dividends  except 
from    profits   remaining   on    hand   after   retaining   unimpaired: 

1.  The   entire  subscribed   capital   stock. 

2.  The  amount  set  apart  as  a  surplus  fund  under  the  provisions  of 
this  section. 

3.  A  sum  sufficient  to  pay  all  liabilities  for  expenses  and  taxes,  and 
all  losses  reported  or  in  course  of  settlement,  without  impairment  of  the 
title  insurance  surplus  fund  required  to  be  set  apart  as  hereinabove  pro- 
vided. [New  section  approved  June  6,  1913;  Stats.  1913,  p.  491.  In 
effect  August  10,  1913.] 

Policy  of  title  insurance  defined. 

§  453v.  Any  written  contract  or  instrument  purporting  to  show  the 
title  to  real  property,  or  furnish  information  relative  thereto,  which 
shall  in  express  terms  purport  to  insure  or  guarantee  such  title  or  the 
correctness  of  such  information,  shall  be  deemed  a  policy  of  title  in- 
surance. [New  section  approved  June  6,  1913;  Stats.  1913,  p.  491.  In 
effect   August   10,   1913.] 

May  guarantee  notes  and  bonds. 

§  453w.  Every  title  insurance  company  organized  under  the  laws  of 
this  state  shall  also  have  power  to  guarantee  or  insure  the  identity,  due 


§  453x  cmL  CODE.  126 

execution,  and  validity  of  any  note  or  bond  secured  by  mortgage  or 
trust  deed,  and  the  identity,  due  execution  and  validity  and  recording 
of  any  such  mortgage  or  trust  deed,  and  the  identity,  due  execution  and 
validity  of  bonds,  notes  or  other  evidence  of  indebtedness  issued  by  this 
state,  or  by  any  county,  city  and  county,  city,  school  district,  irriga- 
tion district  or  other  municipality  or  district  therein,  or  by  any  private 
or  public  corporation,  and  to  act  as  registrar  or  transfer  agent  of  this 
state,  or  of  any  county,  city  and  county,  city,  school  district,  irrigation 
district,  or  other  municipality  or  district  therein,  or  of  any  i>rivate  or 
public  corporation,  and  to  transfer  or  countersign  any  such  bonds,  notes, 
or  other  evidf^nce  of  indebtedness  and  to  transfer  or  countersign  certifi- 
cates of  stock  of  anv  private  or  public  corporation.  [New  section  ap- 
proved June  6,   1913;*  Stats.   1013,  p.  491.     In  effect  August   10,   1913.] 

May  do   trust   business.     Consent  of  superintendent   of  banks,   and   of 
insurance  commissioner.     Title  department  subject  to  inaurance  laws. 
Trust  department  subject  to  banking  laws. 
§  453z.     Any   title   insurance  corporation   incorporated   under  the   gen- 
eral  incorporation   laws   of  this   state,   authorized   by   its   articles   of   in- 
corjjoration  to  act  as  executor,  administrator,  guardian,  assignee,  receiver, 
depositiiry,  agent  or  trustee,  or  to  do  a  general  trust  business,  and  having 
a  capital   of  not  less  than   three  hundred   thousand   dollars  actually  paid 
in,   in    cash,    may    also    do    business    as    a    trust    company,    and    maintain 
a   trust   department   as    well    as   a    title    insurance    department,    on    com- 
pliance  with   the   following  conditions: 

1.  When  such  title  insurance  company  desires  to  do  such  a  depart- 
mental business,  it  shall  first  obtain  the  consent  of  both  the  superintend- 
ent of  banks  and  of  tlic  insurance  commissioner,  and  in  its  application 
for  such  consent,  must  file  a  statement  making  a  segregation  of  its 
capital  and  surplus  for  each  such  department.  At  least  two  hundred 
thousand  dollars  of  its  oajiital  must  be  apportioned  by  such  statement 
to  its  trust  (Icpartnicnt.  The  respective  portions  of  such  capital  and 
surplus,  when  such  apportionment  has  been  approved  by  the  superin- 
tendent of  banks  and  by  the  insurance  commissioner,  shall  be  considered 
and  treated  as  the  separate  capital  and  surplus  of  each  such  depart- 
ment respectively,  as  if  each  such  department   was  a  separate  business. 

2.  Such  company,  as  to  its  title  insurance  department,  shall  be  sub- 
ject to  and  shall  comply  with  all  the  requirements  of  the  insurance  laws 
and  the  rules  and  regulations  of  the  insurance  dei>artment  of  this 
state,  and  may  invest  its  capital  apportioned  to  its  title  insurance  de- 
partment, and  the  accumulations  therefrom,  in  the  securities  in  which 
the  capital  and  accumulations  of  insurance  companies  are  allowed  by 
the  laws  of  this  state  to  be  invested,  including  the  materials  and  plant 
necessary  to  enable  it  to  engage  in  the  title  insurance  business,  as  pro- 
vided in  this  chapter. 

3.  Such  company,  as  to  its  trust  department,  shall  be  subject  to  and 
shall    comply    witli    all    the   requirements    of   the    banking   laws   and    the 


i 


127  CIVIL  CODE.  §§453y,  453z 

rules  and  regulations  of  the  state  banking  department  of  this  state, 
and  may  invest  its  capital  apportioned  to  its  trust  department,  and  the 
accumulations  therefrom,  and  trust  funds  received  by  it,  in  accordance 
with  the  laws  of  this  state  relative  to  the  investment  of  funds  of  trust 
companies.  [New  section  approved  June  6,  1913;  Stats.  1913,  p.  492. 
In  effect  August  10,  1913.] 

Certificate  of  insurance  commissioner  necessary. 

§  453y.  No  corporation  shall  make  any  contract  or  issue  any  policy 
of  guaranty  or  insurance  affecting  titles  to  real  estate,  or  engage  in  the 
business  of  a  title  insurance  company,  until  it  has  obtained  from  the 
insurance  commissioner  his  certificate  that  such  company  has  complied 
with  the  provisions  of  this  chapter  and  is  duly  authorized  to  do  business 
as  such  title  insurance  company;  provided,  however,  that  any  corpora- 
tion heretofore  organized  under  the  laws  of  this  state  fo^  the  purpose 
of  issuing  policies  of  insurance  affecting  title  to  real  estate,  or  for  the 
purpose  of  carrying  on,  and  which  is  actually  engaged  in  the  business 
of  title  insurance,  or  of  issuing  policies  of  insurance  affecting  titles 
to  real  estate,  shall  be  subject  to  and  shall  be  entitled  to  all  the  rights 
and  privileges  of  a  title  insurance  company  under  the  provisions  of  this 
chapter,  by  depositing  with  the  state  treasurer  the  guarantee  fund  re- 
quired to  be  deposited  by  title  insurance  corporation;  provided,  such 
deposit  is  made  at  any  time  prior  to  the  first  day  of  January,  A.  D. 
1914,  and  any  such  corporation  heretofore  organized  shall  have  the 
right  to  continue  to  transact  such  business  until  said  date;  and  pro- 
vided, also,  that  the  failure  to  deposit  said  guarantee  fund  prior  to  said 
date  shall  be  deemed  an  abandonment  of  all  such  rights  and  privileges. 
[New  section  approved  June  6,  1913;  Stats.  1913,  p.  492.  In  effect 
August   10,  1913.] 

No  loans  to  officers.     Penalty. 

§  453z.  No  loan  shall  be  made  by  any  title  insurance  company,  di- 
rectly or  indirectly,  to  any  of  its  officers  or  directors  or  employees  or 
to  any  member  of  the  family  of  any  officer  or  director.  Any  officer, 
director,  agent  or  employee  of  any  such  company  who  knowingly  consents 
to  any  violation  of  the  terms  or  provisions  of  this  section  shall  be  guilty 
of  a  misdemeanor.  [New  section  approved  June  6,  1913;  Stats.  1913, 
p.  493.     In  effect  August  10,  1913.] 


§§453aa,453bb  civil  code.  128 

A  new  chapter  is  hereby  added  to  title  2  of  part  4  of  division  first  of 
the  Civil  Code  to  read  as  follows: 

CHAPTER    Vm. 
Mortgage    Insurance. 

Sec.  45.3aa.  Mortgage  insurance  companies  subject  to  insurance  laws 
and   to   insurance   commissioner. 

Sec.  4.53bb.     Policy   of   mortgage   insurance   defined. 

Sec.  45.3cc.     Capital   stork   of   mortgage   insurance   companies. 

Sec.  453dd.     Kind  and  anioiint  of  securities  that  may  be  guaranteed. 

Sec.  453ee.  Guaranteed  inortgagf^s  and  trust  deeds  to  be  legal  invest- 
ments.    Premiums    may   be   paid   from   income. 

Sec.  453ff.     Must    have   certificate   of   insurance   commissioner. 

Sec.  4.53gg.    Tioans  and   investments. 

Sec.  453hli.     Quarterly  reports  to  insurance  commissioner. 

[New  chapter  added  June  6,  1013;   Stats.  1913,  p.  478.     In  effect  August 

10,   1913.] 

Power  of  insurance  commiseioner  over  mortgage  insurance  corporations. 

§  453aa.  The  insnrancp  commissioner  shall  have  the  same  power  an<i 
autliority  regarding  any  mortgage  insurance  corporation  tliat  he  may 
exercise  in  relation  to  other  insurance  corporations  organized  under  the 
laws  of  this  state,  incluiling  the  right  to  examine  and  inspect  the  finan- 
cial condition  and  affairs  of  such  company,  and  to  compel  compliance 
with  the  provisions  of  law  governing  any  such  corporation.  [New  sec- 
tion approved  June  6,  1913;  Stats.  1913",  p.  479.  In  eCTect  .\ugust  10, 
1913.] 

Policy  of  mortgage  Insurance  defined.     Mortgage  participation  certificate. 

§  453bb.  .\  certilicate  or  guaranty  issued  by  a  niurtgage  insurance 
company  organized  under  the  laws  of  this  state,  whether  such  certifi- 
cate represents  or  refers  to  a  particular  note  or  bond  secured  by  mort- 
gage or  trust  deed  in  its  entirety,  or  rejiresents  or  refers  to  an  undivided 
or  other  partial  interest  in  a  note  or  notes  or  in  a  bond  or  bonds  secured 
by  mortgage  or  trust  deed  or  in  a  group  of  several  such  notes  or  bonds 
and  in  the  mortgages  and  trust  deeds  securing  the  same,  which  certifi- 
cate or  guaranty  purports  to  guarantee  the  payment  of  the  principal, 
interest  or  other  sums  agreed  to  be  paid  under  the  terms  of  any  such 
note  or  bond  secured  by  mortgage  or  trust  deed,  or  other  sums  secured 
under  the  terms  of  any  such  mortgage  or  trust  deed  and  the  guarantee- 
ing or  insuring,  directly  or  indirectly,  against  loss  thereon,  shall  be 
deemed  a  policy  of  mortgage  insurance. 

When  such  certificate  or  guaranty  represents  or  refers  to  an  undivided 
or  other  partial  interest  as  above  stated,  the  policy  containing  the  same 
may  be  referred  to  as  and  is  hereby  designated  as  a  "mortgage  par- 
ticipation certificate,"  and   when   such  certificate  or  guaranty  represents 


129  CIVIL  CODE.  §§  453cc-453ee 

or  refers  to  an  entire  interest  as  above  stated,  the  policy  containing 
the  same  may  be  referred  to  as  and  is  hereby  designated  as  a  "mort- 
gajje  guaranty"  or  an  "entire  mortgage  guaranty."  [New  section  ap- 
proved June  6,  1913;  Stats,  1913,  p.  479,     In  effect  August  10,  1913.] 

Capital  stock. 

§  453cc.  No  mortgage  insurance  company  shall  issue  in  California  any 
policy  of  mortgage  insurance  without  having  a  capital  stock  of  at  least 
one  hundred  thousand  dollars  fully  paid  in,  in  cash.  [New  section  ap- 
proved June  6,  1913;  Stats,  1913,  "p.  479.     In  effect  August  10,  1913.] 

First  lien  security.  Sixty  per  cent  of  value.  Limit  of  loans.  No  loan 
to  officers.  Penalty. 
§  453dd.  No  mortgage  insurance  company  shall  guarantee  the  pay- 
ment of  any  note  or  bond  secured  by  any  mortgage  or  trust  deed  except 
the  same  be  a  first  lien  upon  a  marketable  title  in  fee  to  the  property 
covered  thereby.  No  mortgage  insurance  company  shall  guarantee  under 
any  mortgage  or  trust  deed  a  principal  amount  exceeding  sixty  per 
centum  of  the  market  value  of  the  real  estate  taken  as  security  there- 
for. No  mortgage  insurance  company  shall  have  at  any  time  outstand- 
ing policies  of  mortgage  insurance  exceeding  in  amount  of  principal 
guaranteed  thereunder  twenty  times  the  amount  of  its  paid-in  capital 
and  surplus;  and  provided,  also,  that  certificates  so  issued,  or  guaranties 
so  made  or  policies  so  issued  by  mortgage  insurance  companies  organ- 
ized under  trie  provisions  of  this  act  shall  not  be  deemed  to  be  debts 
created  by  the  directors  in  violation  of,  or  contrary  to  the  provisions 
of  section  309  of  the  Civil  Code,  nor  make  the  directors  or  any  of  them 
liable  tliereon.  No  loan  shall  be  made  by  any  mortgage  insurance  com- 
pany directly  or  indirectly  to  any  of  its  officers  or  directors.  A  violation 
of  any  of  the  terms  or  provisions  of  this  section  shall  not  make  any 
policy  or  guaranty  of  such  company  void  or  voidable,  but  any  officer, 
director,  agent  or  other  employee  of  any  such  company  who  knowingly 
consents  to  any  violation  of  any  of  the  terms  or  provisions  of  this  sec- 
tion shall  be  guilty  of  a  misdemeanor.  [New  section  approved  June  6, 
1913;  Stats.  1913,  p.  479.     In  effect  August  10,  1913.] 

Legal  investments  for  trust  funds,  etc.  Premiums,  Mortgage  assigned 
to  trust  company, 
§  453ee,  Mortgages  or  trust  deeds,  guaranteed  by  any  such  mortgage 
insurance  company,  in  compliance  with  the  terms  of  this  chapter,  and 
the  notes  and  bonds  secured  thereby,  and  mortgage  participation  cer- 
tificates, mortgage  guaranties  and  entire  mortgage  guaranties,  as  defined 
by  section  4o3bb,  shall  be  legal  investments  for  all  trust  funds  held  by 
any  executor,  administrator,  guardian,  trustee  or  other  person  holding 
trust  funds  for  investment,  and  for  the  funds  of  insurance  companies, 
banks,  banking  institutions  and  trust  companies,  and  all  premiums  paid 


§§453ff,453gg 


CrV'IL    CODE. 


130 


ou  such  guaranties  and  certificates  may  be  charged  to  or  paid  out  of  the 
income  from  such  notes  or  bonds;  provided,  however,  that  if  any  such 
investment  be  in  a  mortgage  participation  ce'-tificate  or  certificates,  the 
mortgage  or  mortgages  and  deed  or  deeds  of  trust  referred  to  in  such 
certificates,  together  with  the  note  or  notes  and  bond  or  bonds  secured 
by  the  same,  shall  be  assigned  to  a  trust  company  organized  and  doing 
business  under  the  laws  of  this  state,  and  shall  be  held  by  such  trust 
company  as  security  for  the  payment  of  said  mortgage  participation  cer- 
tificates, including  all  of  the  mortgage  participation  certificates  secured 
by  such  mortgages  and  deeds  of  trust  so  assigned,  and  for  the  perform- 
ance of  all  of  the  conditions  of  said  mortgage  participation  certificates 
imposed  thereby  upon  the  mortgage  insurance  company  issuing  the  same; 
and  such  trust  company  shall  certify  on  each  such  mortgage  participa- 
tion certificate,  that  the  aggregate  amount  of  the  certificates  issued,  evi- 
dencing and  conferring  participation  in  such  mortgages  and  deeds  of 
trust  and  in  the  notes  and  bonds  secured  thereby,  does  not  exceed  the 
principal  of  the  debts  evidenced  and  secured  by  such  mortgages  and 
deeds  of  trust;  and  provided,  also,  that  such  investment  shall  be  ac- 
companied by  a  cop3'  of  the  appraisement  and  of  the  certificate  of  the 
directors  filed  or  to  be  filed  with  the  insurance  commissioner  as  required 
by  the  provisions  of  this  chapter.  [New  section  approved  June  6,  1913; 
Stats.  1913,  p.  480.     In  effect  August   10,  1913.] 

Certificate  of  insurance  commissioner  required. 

§  453ff.  Xo  corporation  shall  make  any  insurance  contract  or  issue 
any  policy  of  mortgage  insurance,  or  engage  in  the  business  of  a  mort- 
gage insurance  company  until  it  has  obtained  from  the  insurance  com- 
missioner his  certifii'ate  that  such  company  has  complied  with  the  pro- 
visions of  this  chapter  and  is  duly  authorized  to  do  business  as  surh 
mortgage  insurance  company;  provided,  that  any  corporation  heretofore 
organized  under  the  laws  of  this  state  for  the  purpose  of  guaranteeing 
the  payment  of  mortgages  shall  have  the  right  to  transact  business  as 
a  mortg.'ige  insurance  company  until  the  first  day  of  January,  A.  I>.  1914; 
providoil.  also,  that  the  failure  of  such  company  to  obtain  the  certificate 
of  the  insurance  commissioner  required  by  the  terms  of  this  act  on  or 
before  said  date  shall  terminate  such  right  to  transact  such  business 
until  such  certificate  shall  be  obtained.  [New  section  approved  June  6, 
1913;  Stats.  1913,  p.  480.     In  effect  August  10,  1913.] 

Investments  of  mortgage  insurance  companies. 

§  453gg.  A  mortgage  insurance  conij>:niy  may  invest  its  capital  and 
accumulations   in   the   following  named   securities: 

1.  In  the  purchase  of,  or  loans  upon  interest-bearing  bonds  of  the 
United  States,  or  those  for  which  the  faith  and  credit  of  the  United 
States  are  pledged  for  the  payment   of  principal  and   interest. 

2.  In  the  purchase  of,  or  loans  upon  interost-liearing  bonds  of  any  of 
the  states  of  the  United  States  not  in  default  for  interest  on  such  bonds, 


131  CIVIL  CODE.  §  453hh 

including  bonds  of  this  state,  or  those  for  which  the  faith  and  credit 
of  the  state  of  California  are  pledged  for  the  payment  of  principal  and 
interest. 

3.  In  the  purchase  of,  or  loans  upon  interest-bearing  bonds  of  any 
of  the  counties  and  incorporated  cities  and  towns,  and  duly  organized 
school  districts  of  any  state  or  territory  of  the  United  States  not  in 
default  for  interest  on  such  bonds. 

4.  In  the  purchase  of,  or  loans  upon  interest-bearing  bonds  of  irriga- 
tion districts  as  provided  or  authorized  by  section  8  of  an  act  entitled 
"An  act  relating  to  bonds  of  irrigation  districts,  providing  under  what 
circumstances  such  bonds  may  be  made  legal  investments  for  the  funds 
of  banks,  banking  associations,  trust  companies,  insurance  companies, 
and  for  the  state  school  funds  and  trust  funds,  and  providing  for  the 
deposit  of  such  bonds  as  security  for  public  moneys,  and  providing  for 
a  commission  for  approving  certain  bonds  of  irrigation  districts,  for  a 
report  thereon,  for  the  filing  of  such  report,  for  a  certificate  of  the 
state  controller,  and  for  the  recording  of  such  bonds  in  the  office  of  the 
state   controller,"   approved   December   18,    1911. 

5.  In  loans  secured  by  mortgage  or  deed  of  trust  upon  unencumbered 
real  estate,  improved  or  unimproved,  or  in  the  purchase  of,  or  loans  upon 
notes  or  bonds  so  secured;  provided,  that  the  principal  so  loaned,  or 
the  entire  note  or  bond  issue  under  such  mortgage  or  deed  of  trust  shall 
not  exceed  sixty  per  centum  of  the  market  value  of  such  real  estate 
with  improvements  taken  as  security;  and  provided,  further,  in  case 
said  loan  is  made,  or  said  note  or  bond  issue  created  for  a  building  loan 
on  real  estate,  that  at  no  time  shall  the  principal  so  loaned,  or  the  entire 
note  or  bond  issue,  exceed  sixty  per  centum  of  the  market  value  of  the 
real  estate  and  the  actual  cost  of  the  improvements  thereon  taken  as 
security.  No  mortgage  insurance  company  shall  invest  in,  hold  or  own 
any  of  the  capital  stock  of  any  other  corporation,  nor  make  any  loan, 
in  whole  or  in  part,  on  the  security  of  the  capital  stock  of  any  other 
corporation.  [New  section  approved  June  6,  1913;  Stats.  1913,  p.  480. 
In  effect  August  10,  1913.] 

Quarterly  reports.  Facts  covered  in  case  of  entire  mortgage  guaranty. 
In  case  of  mortgage  participation  certificates.  Appraisement  of 
property.     Appraisement  verified.     Penalty  for  failure  to  report. 

§  453hh.  Every  mortgage  insurance  company  shall  make  a  report  in 
writing  to  the  insurance  commissioner,  which  report  shall  be  made  quar- 
terly, and  shall  be  verified  by  the  oath  of  its  president  or  vice-president, 
and  its  secretary  or  treasurer  or  of  any  two  of  its  principal  officers.  Such 
report  shall  contain  a  statement  of  each  new  policy  of  mortgage  insur- 
ance issued  by  such  company  since  the  last  preceding  report,  stating  spe- 
cifically whether  such  policy  relates  to  an  entire  mortgage  guaranty, 
or  to  a  mortgage  participation  certificate  or  certificates. 

When  such  policy  relates  to  an  entire  mortgage  guaranty,  such  report 
shall  specify  separately  the  following  facts  regarding  the  loan  on  which 
the  guaianty  is  based,  and  regarding  the  security  therefor,  namely; 


§  453hh  CIVIL  CODE.  132 

1.  The  aggregate  amount  of  principal  loaned. 

2.  A  description  of  the  property  securing  the  loan. 

3.  Separately,  the  market  value  of  the  land  and  the  market  value  of 
the  improvements  thereon,  if  any,  as  shown  by  the  appraisement  provided 
for  by  the  terms  of  this  section,  and  the  aggregate  value  of  such  land 
and   improvements. 

4.  The  book  and  page  of  the  record  of  the  mortgage  or  mortgages, 
and  deed  or  deeds  of  trust  securing  the  loan. 

When  such  policy  relates  to  a  mortgage  participation  certificate  or 
certificates,  such  report  shall  specify  separately  in  connection  with  each 
such  certificate,  the  following  facts  regarding  the  loan  or  loans  on  which 
the  participation  certificate  or  certificates  are  based,  and  regarding  the 
security  or    seciiritifs  therefor,  namely: 

1.  The  aggregate  amount  of  principal  loaned  evidenced  by  the  note 
or  notes,  or  bond  or  bonds  secured  by  the  mortgage  or  mortgages,  or 
deed  or  deeds  of  trust  referred  to  in  such  certificate  or  certificates,  and 
constituting  the  security  on  which  such  mortgage  participation  certificate 
or  certificates  are  based,  and,  separately,  the  amount  of  principal  secured 
by  each  such  mortgage  or  deed  of  trust. 

2.  A  description  of  the  property  securing  the  loan  under  each  such 
security. 

3.  Separately,  the  market  value  of  the  land  and  the  market  value  of 
the  improvements  thereon,  if  any,  securing  the  loan  under  each  such 
security,  as  shown  by  the  appraisement  prorided  for  by  the  terms  of 
this  section,  and  the  aggregate  value  of  such  land  and  improvements. 

4.  The  book  and  page  of  the  record  of  each  such  mortgage  or  deed 
of  trust  constituting  such  security. 

.").  The  aggregate  amount  of  such  participation  certificates  issued 
against  the  mortgage  or  mortgages,  or  deed  or  deeds  of  trust  forming 
tlie  security  for  such   participation   certificate. 

There  shall  he  filed  with  such  report  an  appraisement  of  each  sep- 
arate parcel  of  property  taken  as  security  as  mentioned  in  such  report 
as  above  required,  which  appraisement  shall  be  made  by  a  person  or 
corporation  approved  b}'  the  insurance  commissioner.  In  such  appraise- 
ment the  market  value  of  each  parcel  of  land  and  of  the  improvements 
thereon,  if  any.  and  the  aggregate  ralne  of  such  parcel  of  land  and 
improvements  shall  be  stated,  together  with  a  general  statement  of  the 
character  of  such  land  and  of  the  kind  and  condition  of  such  improve- 
ments, if  any. 

Such  appraisement  shall  be  signed  and  verified  by  such  appraiser,  or 
by  an  oflicer  of  the  corporation  making  such  appraisement,  and  shall  be 
accompanied  by  a  certificate  signed  anil  verified  by  at  least  three  direct- 
ors of  such  mortgage  insurance  company  to  the  effect  that  in  the  opin- 
ion of  the  afliants,  and  each  of  them,  such  appraisement  is  correct,  and 
that  in  their  opinion  the  amount  thereof  does  not  exceed  the  market 
value  of  the  property,  and  that  the  principal  amount  loaned  on  the 
security    of  such  property   does    not   in    their   opinion   exceed   sixty   per 


133 


CIVIL    CODE. 


§§  465-497 


centum  of  the  market  value  of  such  property  and,  also,  to  the  effect  that 
said  company  has  in  its  possession  or  control  evidences  of  title  consist- 
ing of  either  a  full  abstract  of  title,  a  full  certificate  or  guaranty  of 
title,  or  a  policy  of  title  insurance,  showing  that  the  mortgage  or  deed 
of  trust  securing  such  loan  is  a  first  lien  upon  a  marketable  title  in 
fee  to  the  property  covered  thereby. 

In  case  of  the  neglect  or  failure  of  any  such  mortgage  insurance  com- 
pany to  make  any  such  quarterly  report  as  herein  provided,  such  com- 
pany shall  be  liable  therefor,  and  shall  forfeit  to  the  state  of  California 
ten  dollars  per  day  for  every  day  during  which  such  neglect  or  failure 
continues;  provided,  however,  that  the  insurance  commissioner  shall  have 
the  authority  to  extend  the  time  within  which  any  such  report  may  be 
filed  for  not  exceeding  a  period  of  ten  davs.  [New  section  approved 
June  6,  1913;  Stats.  1913,  p.  482.     In  effect' August  10,  1913.] 

§  465. 

Citations.      Cal.   157/367,   368,   369,    370;    163/545,   548;    (subd.   4)    157/368, 
369;    158/439,  440;    (subd.   5)    157/368,   369,   370, 


§  468. 

Citations. 


Cal.   163/713, 


§  470. 

Citations.      Cal.   157/367,   368;    161/282;    163/545,   546, 

§  475. 

Citations.     Cal.   163/548. 

§  477. 

Citations.     Cal.  163/549, 

§  483. 

Citations.      Cal.   161/32,   33,   34,   35.      App.   14/196,   197. 

§  484, 

Citations.      Cal.   161/32,    33,    34,    35,    39,   41. 


§  485. 

Citations.      App.   9/458,   461;   11/283. 

§  486. 

Citations.     App.  9/23;    18/413. 

§  497, 

Citations.     App.   14/472,   473,   474,   475. 


§  499  CIVIL  CODE.  134 

City  trustees  may  permit  two  or  more  street  railway  lines  to  use  same 
tracks. 
§  499.  The  legislative  body  of  any  incorporated  city,  city  and  county, 
or  town,  may  permit  two  or  more  lines  of  street  railway  to  use  the 
same  portion  of  the  same  street  or  the  same  tracks  upon  such  terms  as 
may  be  agreed  upon  by  the  companies  operating  such  railways;  but  no 
permission  shall  be  granted  to  one  company  to  use  the  same  tracks  or 
portions  of  the  same  street  for  a  distance  of  more  than  five  consecutive 
blocks,  without  the  consent  of  the  person  or  company  occupying  said 
portion  of  the  street  and  then  only  upon  payment  of  an  equal  portion 
of  the  cost  of  construction  of  the  tracks  and  appurtenances  used  by  such 
railways  jointly;  provided,  that  any  incorporated  city,  city  and  county, 
or  town  may  own  and  operate  street  railways  within  or  without  the 
municipal  limits,  and  may  occupy  the  same  street  or  tracks  occupied  or 
used  by  any  street  railway  within  its  limits  for  any  number  of  blocks 
upon  payment  to  the  owner  thereof  of  an  equal  portion  of  the  esti- 
mated cost  of  construction,  at  the  time  of  such  occupation,  of  such 
tracks  or  appurtenances  as  such  city,  city  and  county,  or  town  may  elect 
to  use  jointly  with  said  street  railway.  Where  such  portion  of  such  street 
shall  be  occupied  by  a  track  or  tracks  of  a  dlflferent  gauge  from  the 
track  or  tracks  proposed  to  be  constructed  thereon  by  a  line  of  street 
railway  under  a  different  management,  such  last-mentioned  line  of  street 
railway  may  nevertheless  construct  its  track  or  tracks,  subject  to  the 
limitation  before  prescribed,  over  the  same  ground  as  may  be  occupied 
by  such  prior  track  or  tracks;  provided,  the  same  can  be  so  constructed 
as  not  to  interfere  with  the  operation  of  such  prior  track  or  tracks 
beyond  such  necessary  interference  therewith  as  shall  be  incident  to 
such  construction  with  reasonable  skill,  care  and  diligence.  [Amendment 
approved   April   24,   1911;    Stats.    1911,   p.   1101.] 

At  the  same  session  another  §  499  was  adopted  as  follows: 

Two  lines  of  railway  may  use  streets.  City  may  use.  Tracks  of  different 
gauge. 
§  499.  The  legislative  body  of  any  incorporated  city,  city  and  county, 
or  town,  may  permit  two  or  more  lines  of  street  railway  to  use  the  same 
portion  of  the  same  street  or  the  same  tracks  upon  such  terms  as  may 
be  agreed  upon  by  the  companies  operating  such  railways;  but  no  per- 
mission shall  be  granted  to  one  company  to  use  the  same  tracks  or  por- 
tion of  the  same  street  for  a  distance  of  more  than  five  consecutive 
blocks  without  the  consent  of  the  company  occupying  said  portion  cl 
the  street  and  then  only  upon  payment  of  an  equal  portion  of  the 
cost  of  construction  of  the  tracks  and  appurtenances  used  by  sucH 
railways  jointly;  provided,  that  any  incorporated  city,  city  and  county, 
or  town,  may  own  and  operate  street  railways  within  or  without  the 
municipal  limits,  and  may  occupy  the  same  street  or  tracks  occupied  or 
used  by  any  street  railway  company  within  its  limits  upon  payment  to 
such  company  of  au  equal  portion  of  the  estimated  cost  of  construction, 


135 


CIVIL    CODE. 


§§  501-58C 


at  the  time  of  such  occupation,  of  the  tracks  or  appurtenances  to  be  used 
jointly  by  said  company  and  said  city,  city  and  county,  or  town.  Where 
such  portion  of  such  street  shall  be  occupied  by  a  track  or  tracks  of  a 
different  gauge  from  the  track  or  tracks  proposed  to  be  constructed 
thereon  by  a  line  of  street  railway  under  a  different  management,  such 
last-mentioned  line  of  street  railway  may  nevertheless  construct  its 
track  or  tracks,  subject  to  the  limitation  before  prescribed,  over  the 
same  ground  as  may  be  occupied  by  such  prior  track  or  tracks,  provided, 
the  same  can  be  so  constructed  as  not  to  interfere  with  the  operation 
of  such  prior  track  or  tracks  beyond  such  necessary  interference  there- 
with as  shall  be  incident  to  such  construction  with  reasonable  skill,  care 
and  diligence.  [Amendment  approved  February  15,  1911;  Stats.  1911, 
p.  60.] 

At  the  same  session  another  J  499  was  adopted.     See  ante,  preceding  section. 

Citations.     Cal.  158/94. 

§  501. 

CiUtions.     App.   10/793,   795. 


§  502. 

Citations. 

Cal.   155/649. 

§  509. 

Citations. 

App.   14/473, 

§  510. 

Citations. 

App.   14/480. 

§  516. 

Citations.     App.  17/337,   348,   349,   351. 

§  536. 

Citotions.  Cal.  160/111,  112,  113,  114,  115,  118,  119,  120,  121,  122,  123, 
125,  126,  130,  131;  161/272,  273,  274,  275,  277,  279,  280,  283;  163/680; 
164/159,  160, 

§  551. 

Citations.      Cal.   159/750,    752,    753,    754.      App.    16/779. 

§  552, 

Citations.     Cal.   157/93;    160/618.     App.   8/169. 

§  873. 

Citations.     Cal.  160/377. 

§  586. 

Citations.     App.  9/531. 


§§  587-598 

§  587. 

Citations. 


CIVIL   CODE. 


136 


App.    9/531. 


§  588. 

Citations.     App.   9/531. 

§  589. 

Citations.      Gal.   104/502,    503.     App.   9/531. 

§  590. 

Citations.      App.   9/531. 

Benevolent  corporations. 

§  593.  Any  uiiiiiber  of  persons,  associated  together  for  any  lawful 
purpose  other  than  pecuniary  profit,  may  incorporate  their  said  associa- 
tion, as  provided  in  this  title.  [Amendment  approved  May  1,  1911; 
Stats.   1911,  p.  1434.] 

At  the  same  session  another  §  59.3  was  adopted,  as  follows: 

Corporations  not  for  profit. 

§  593.  Any  number  of  persons  associated  together  for  any  purpose, 
where  jieiuniary  profit  is  not  their  object,  and  for  which  individuals 
may  l.iwfully  associate  themselves,  may,  in  accordance  with  tlie  rules, 
regulations,  or  discipline  of  the  association,  elect  directors,  the  number 
thereof  to  be  not  less  than  three  nor  more  than  thirty  one,  and  may 
incorporate  themselves  as  provided  in  this  title.  [.Vmendment  approved 
February  24,  1911;  Stats.  1911,  p.  77.] 

At   the   Slime   session   another  {  593    was  '  adopted.      Sec   supra. 

Citations.      Cnl.  156/468,  469.  ^ 

What  articles  of  incorporation  must  show. 

§  594.      [ReiH'.iled    May    1,    1911;    Stats.    1911,   p.    14.3J.] 

Selling,  etc.,  real  property  of  religious  corporations.    Hearing  on  petition. 
Power  to  grant  easements. 


erty  is  situated.  To  this  end  said  corporation  shall  file  with  the  ch 
of  said  court  a  verified  petition,  describing  the  property  aflfected,  show- 
ing that  the  selling,  mortgaging,  aliening,  encumbering,  or  granting 
of  said  property  is  for  its  interest,  ar.d  praying  that  leave  therefor  be 
granted.  Thereupon  the  court  shall  make  an  order  reciting  that  said 
leave  has  been  prayed  for,  describing  the  property  atfected,  an. I  fixing 
a  time  and  itlace  for  the  hearing  of  the  petition.  Thereafter  copies 
of   said    order   shall    be    kejit    posted    conspicuously    for   a    period    of   ten 


137  CIVIL  CODE.  §  599 

days  at  the  following  places:  (1)  on  the  real  property  affected;  (2)  at 
the  place  where  the  court  is  held;  (3)  at  any  other  public  place  in  said 
county  where  the  said  court  shall  direct.  At  the  time  set  for  the  hear- 
ing the  court  must  require  proof  that  said  notice  has  been  faithfully 
given;  and  any  member  may  appear  and  oppose  or  support  the  granting 
of  the  leave.  If  satisfied  that  it  is  for  the  interest  of  said  corpora- 
tion, said  court  shall  thereupon  grant  said  leave,  and  may  authorize  the 
said  corporation  to  sell  and  convey  its  said  property  and  to  incur  indeVjt- 
edness  and  secure  the  same  by  deed  of  trust  or  mortgage  upon  its  said 
real  property;  provided,  however,  that  any  such  corporation  shall  have 
the  power  by  resolution,  entered  upon  the  minutes  of  such  corporation, 
to  grant  easements  to  municipal  or  other  puVjlic  corporations  for  public 
street,  alley  or  highway  purposes  and  rights  of  way  for  publicly  owned 
utilities  and  public  uses,  upon  the  approval  of  the  superior  court  of  the 
county  wherein  the  real  property  of  such  corporation  is  situated, 
obtained  in  the  same  manner  as  herein  provided  for  the  selling,  mort- 
gaging, aliening  or  encumbering  of  its  said  property.  [Amendment  ap- 
proved June   10,   1913;   Stats.   1913,  p.  565.     In  effect   August   10,   1913.] 

Also  amended  May  1,   1911    (Stats.   1911,  p.  1434). 

Citations.      Cal.   156/4G8. 

By-laws  of  corporations  not  for  profit. 

§  599,  Corporations  now  organized  or  that  may  hereafter  be  organ- 
ized for  pur]ioses  other  than  profit,  may,  either  in  their  by-laws,  ordi- 
nances, constitutions,  or  articles  of  incorporation,  provide  for: 

1.  The  qualification  of  members,  niode  of  election  or  appointment,  and 
terms  of  admission  to  membership; 

2.  The  fees  of  admission  and  dues  to  be  paid  to  their  treasury  by 
members; 

3.  The  number  of  persons  that  shall  constitute  a  quorum  at  any  meet- 
ing of  the  corporation,  and  the  number  of  directors  who  shall  constitute 
a  quorum  at  any  meeting  of  the  board  of  directors,  and  that  an  elec- 
tion of  officers  of  the  corporation  by  a  meeting  so  constituted,  or  the 
appointment  or  selection  of  such  officers,  or  any  of  them,  in  any  man- 
ner required  by  the  rules,  regulations,  or  discipline  of  any  specified 
religious  denomination,  society,  or  church,  shall  be  as  valid  as  if  made 
at  an  election  at  which  a  majority  of  the  members  of  the  corporation 
were  present   and  voted; 

4.  The  expulsion  and  suspension  of  members  for  misconduct  or  non- 
payment of  dues,  also  for  restoration  to  membership; 

5.  A  special  method  of  organizing  the  board  of  directors,  and  a  spe- 
cial method  of  increasing  or  diminishing  the  number  of  directors  within 
the  limits  as  to  number  prescribed  by  section  593  of  this  code; 

6.  Contracting,  securing,  paying,  and  limiting  the  amount  of  their 
indebtedness; 

7.  That  the  rules,  regulations,  or  discipline,  for  the  time  being,  of 
any  specified  religious  denomination,  society,  or  church,  shall  always  be 


§§  603-604a  crvn.  code.  138 

a  part   of  their  by-laws,  ordinances,  constitutions,  or  articles   of  incor- 
poration; 

8.  Otiier  regulations  not  repugnant  to  the  constitution  or  laws  of  the 
state  and  consonant  with  the  objects  of  the  corporation.  [Amendment 
approved  February  24,  1911;  Stats.  1911,  p.  77.] 

§  603.  The  old  §  60.3  was  repealed  May  1,  1911,  Statutes  of  1911, 
page  1435.     A  new  §  603  was  enacted.     The  new  section  is  as  follows: 

Incorporation  of  religious  associations. 

§  603.  Any  religious  association  or  body  of  this  state,  composed  of 
constituent  churches,  parishes,  congregations,  societies  or  missions  which 
have  a  common  convention,  synod,  countil,  assembly  or  conference,  may 
incorporate  under  the  provisions  of  this  title.  The  articles  of  incor- 
poration shall  set  forth  the  proceedings  authorizing  the  incorporation 
of  such  association,  the  time  and  place  at  which  they  were  had,  the 
manner  in  which,  and  the  terms  for  which,  the  directors  or  trustees 
named  in  the  articles  of  incorporation  were  chosen,  and  that  said  pro- 
ceedings were  in  accordance  with  the  constitution,  by  laws,  discipline, 
canons,  rules  and  regulations  of  such  association.  The  articles  of  incor- 
poration need  be  subscribed  and  acknowledged  only  by  the  presiding 
officer,  and  clerk,  scribe,  or  secretary  of  such  association;  but  they  must 
make  affidavit,  which  shall  be  appended  to  the  articles,  that  they  sub- 
scrilied  and  acknowledged  the  articles  of  authority  of  such  association, 
and  that  the  statements  therein  contained  are  true  to  the  best  of  their 
knowledge,  information  and  belief.  [New  section  approved  May  1, 
1911;    8tats.    r.Ul,   p.    1435.] 

Head  office,  annual  election,  etc. 

§  604.  .\ny  corporation  organized  under  section  603.  or  under  section 
603  or  section  604  as  thej'  existed  before  this  amendment,  must  main- 
tain its  linad  office  at  the  place  where,  as  set  forth  in  its  articles  of 
incorporation,  its  principal  business  is  to  be  transacted;  but  may  pro- 
vide in  its  by  laws  that  the  annual  meeting  and  annual  election  shall 
be  hold  at  such  other  place  as  may  from  time  to  time  be  designated 
by  the  directors  or  trustees.  Any  such  corporation  may  hold  and  admin- 
ister not  only  the  common  property,  funds,  and  money  of  such  corpora- 
tion, but  also  the  property,  funds,  and  money  of  any  constituent  church, 
parish,  congregation,  society,  or  mission;  and  in  so  far  as  the  land  held 
by  any  such  corporation  is  held  or  used  for  church,  hospital,  school,  col- 
lege, asylum,  jiarsonage,  or  cemetery  purposes,  the  limitation  declared 
in  section  595  shall  not  applv.  [Amendment  approved  May  1,  1911; 
Stats.   1911,  p.  1435.] 

Formation     of    religious     corporations.     Directors.     By-laws.     Attesting 
certificate  of  incorporation.     Powers. 
§  604a.      For    the    administration    of    the    temporalities,    ami    for    the 
management   of  the   property   and   estate  of  any   church,  diocese,  synod, 


139  CIVIL  CODE.  §  607e 

or  district  or  other  organization  of  such  church,  or  for  the  administra- 
tion of  tile  ten)i)oralities,  and  for  the  management  of  the  property  and 
estate  of  any  religious  society  or  order,  community,  or  other  organiza- 
tion of  said  religious  society  or  order,  any  church,  diocese,  synod,  or 
other  organization  of  such  church,  or  any  community  or  other  council, 
or  other  organization  of  any  such  religious  society  or  order,  or  of  any 
community  or  other  organization  of  such  religious  society  or  order,  may 
elect  directors  and  become  an  incorporation  in  the  manner  prescribed 
in  this  title,  and  with  all  the  powers  and  duties  and  for  the  uses  and 
purposes  in  this  title  provided  for  benevolent  or  religious  incorporations, 
and  subject  to  all  the  limitations  and  provisions  in  said  title  prescribed, 
except  as  otherwise  provided  in  this  section;  provided,  that  directors 
of  any  such  incorporation  may  be  elected  and  by-laws  for  its  govern- 
ment may  be  made  and  amended  in  accordance  with  the  constitution, 
by-laws,  discipline,  rules  and  regulations  of  such  church,  diocese,  synod, 
or  district  or  other  organization  of  such  church,  or  in  accordance  with 
the  constitution,  by-laws,  discipline,  rules  and  regulations  of  such 
religious  society  or  order,  or  of  any  community,  or  other  organization 
of  such  religious  society  or  order,  at  any  meeting;  and  provided,  the 
certificate  of  incorporation  and  of  the  election  of  directors  to  be  filed 
shall  be  sufficiently  attested  by  the  signatures  of  the  presiding  officer, 
president,  or  other  head,  and  acting  secretary  of  such  church,  diocese, 
synod,  or  other  organization  of  such  church,  or  of  the  community  or 
other  council,  or  other  organization  of  such  society  or  order,  and  that 
the  limitations  of  section  595  shall  not  apply  to  corporations  formed 
under  this  section  when  land  is  held  or  used  for  churches,  hospitals, 
schools,  colleges,  asylums,  or  parsonages.  Every  corporation  formed  pur- 
suant to  the  provisions  of  this  section  shall  have  power  to  contract  in 
the  same  manner  and  to  the  same  extent  as  a  natural  person,  and  may 
sue  and  be  sued,  and  may  defend  in  all  courts  and  places  in  all  matters 
and  proceedings  whatsoever,  and  shall  have  authority  to  borrow  money, 
give  promissory  notes  therefor,  and  secure  the  payment  thereof  by  mort- 
gage or  other  lien  upon  property,  real  or  personal,  and  may  buy,  sell, 
lease,  mortgage  and  deal  in  real  and  personal  property  in  the  same 
manner  that  a  natural  person  may,  subject,  however,  to  the  provisions 
of  section  598  of  this  code;  and  may  receive  bequests  and  devises  for 
its  own  use,  or  upon  trusts,  to  the  same  extent  as  a  natural  person, 
subject,  however,  to  the  provisions  of  section  1313  of  the  Civil  Code 
of  the  state  of  California,  and  may  appoint  attorneys  in  fact.  [New 
section  approved  June  10,  1913;  Stats.  1913,  p.  566.  In  effect  August 
10,  1913.] 

Compensation  of  societies  for  prevention  of  cruelty.     Urgency  measure. 

§  607e.  Every  society,  incorporated  and  organized  for  the  preven- 
tion of  cruelty  to  animals,  or  for  the  prevention  of  cruelty  to  chil- 
dren, may,  in  each  city,  or  city  and  county,  or  county,  where  such 
society  exists,  while  actively  engaged  in  enforcing  the  provisions  of  the 


§  607f  CIVIL   CODE.  140 

laws  of  this  state,  now  or  hereafter  enacted,  for  the  prevention  of 
cruelty  to  animals  or  children,  or  arresting,  or  prosecuting  oflFenders 
thereunder  or  preventing  cruelty  to  animals  or  children,  be  paid  as 
compensation  therefor,  from  the  city  or  county,  or  city  and  county 
general  fund,  by  the  board  of  supervisors  or  other  governing  body 
thereof,  a  sum  not  exceeding  five  hundred  dollars  per  calendar  month, 
in  the  same  manner  as  other  claims  against  said  city  or  county,  or  city 
and  county,  are  paid. 

§  2.  This  act  is  hereby  declared  to  be  an  urgency  measure  within 
the  meaning  of  section  1,  article  4  of  the  constitution,  and  is  deemed 
necessary  for  the  immediate  preservation  of  the  public  peace  and  safety. 
The  following  is  a  statement  of  facts  constituting  such  necessity:  Sec- 
tion 607e  of  the  Civil  Code  permits  societies  organized  for  the  preven- 
tion of  cruelty  to  animals  to  make  arrests,  carry  on  prosecutions  and 
collect  fines  and  under  the  provisions  of  this  section  numerous  societies 
have  been  organized  and  are  being  operated  in  such  a  manner  as  to  be 
a  menace  to  the  public  peace  and  safety.  Arrests  are  being  made  and 
property  seized  without  prosecution  of  the  charges  made,  citizens  are 
being  forced  to  pay  tribute  to  outlaw  sot^'ietics  to  escape  persecution, 
and  peace  ofliccrs  are  urging  the  immediate  withdrawal  of  the  right  of 
these  societies  to  collect  fines  because  of  their  greatly  increased  activ- 
ity in  these  practices,  pending  the  time  when  this  bill  may  become  law. 
[Amendment  approved  May  30,  1913;  Stats.  1913,  p.  638.  In  effect 
immediately.] 

Also  amended  March   24,    1911    (Stafg.    1911,  p.   487). 

Appointment  of  humane  officers.  Approval  of  judge.  "Becord  of 
humane  officers."  Revocation  of  appointment.  Powers  of  officer. 
Resisting  officer.  False  certificate. 
§  607f.  Any  such  (.orporation  incorporated  for  the  purpose  of  the 
prevention  of  cruelty  to  animals  may  by  resolution  of  its  board  of 
directors  or  trustees  duly  entered  on  its  minutes  appoint  any  number 
of  its  members,  who  shall  bo  citizens  of  the  state  of  California  as  humane 
officers.  Each  appointment  shall  be  by  separate  resolution.  Such  reso- 
lution shall  state  the  full  name  and  place  of  residence  and  the  business 
or  occupation  of  the  person  so  appointed  and  the  fact  that  he  is  a  citi- 
zen of  the  state  of  California  and  shall  also  designate  the  number  of 
the  badge  to  be  allotted  to  such  officer.  Every  person  so  appointed 
must  within  ten  days  after  his  appointment  present  to  the  judge  of  the 
superior  court  in  and  for  the  county  or  city  and  county  in  which  the 
corporation  appointing  such  oflicer  has  its  principal  place  of  business 
a  copy  of  such  resolution  duly  certified  to  be  correct  by  the  president 
and  secretary  of  such  corporation  and  attested  by  its  seal.  The  judge 
shall  examine  such  appointee  as  to  his  qualifications  and  fitness  to  act 
as  such  oflicer  and,  if  he  approves  such  appointment,  shall  indorse  bis 
approval  on  said  certified  copy  of  said  resolution.     Said  appointee  shall 


141  CIVIL  CODE,  §  607f 

thereupon  and  within  said  period  of  ten  days  file  said  certified  copy 
with  the  judge's  ap{)roval  indorsed  thereon  in  the  office  of  the  county 
clerk  of  said  county  or  city  and  county  and  shall  at  the  same  time 
take  and  subscribe  the  oath  of  office  prescribed  for  constables  or 
other  peace  officers.  The  county  clerk  shall  thereupon  immediately  enter 
in  a  book  to  be  kept  in  his  office  and  designated  "Eecord  of  Humane 
Officers"  the  name  of  such  officer,  the  number  of  his  badge,  the  name 
of  the  corporation  appointing  him  and  the  date  of  such  filing.  At  the 
time  of  such  filing  the  county  clerk  shall  collect  from  such  officer  a  fee 
of  fifty  cents,  which  shall  be  in  full  for  all  services  to  be  performed 
by  the  county  clerk  under  the  provisions  of  this  section.  The  corpora- 
tion appointing  sucli  officer  may  revoke  such  appointment  at  any  time 
by  resolution  of  its  board  of  directors  or  trustees,  a  duly  certified  copy 
of  which  resolution  must  within  five  days  after  its  adoption  be  filed 
in  the  office  of  the  county  clerk  in  which  the  appointment  of  such 
officer  is  recorded  and  upon  such  filing  the  county  clerk  shall  enter 
the  fact  of  such  revocation  and  the  date  of  the  filing  thereof  opposite 
the  name  of  such  officer  in  such  record  of  humane  officers.  Such 
humane  officers  after  qualifying  as  above  provided  shall  have  power  at 
all  places  within  the  state  lawfully  to  interfere  to  prevent  the  per- 
petration of  any  act  of  cruelty  upon  any  dumb  animal  and  may  use 
such  force  as  may  be  necessary  to  prevent  the  same  and  to  that  end 
may  summon  to  their  aid  any  bystander.  They  may  make  arrests  for 
the  violation  of  any  penal  law  of  this  state  relating  to  or  affecting 
animals  in  the  same  manner  as  a  constable  or  other  peace  officer  and 
may  carry  such  weapons  as  peace  officers  are  authorized  to  carry; 
except  that  in  cities  and  counties  and  cities  of  the  first  and  first  and 
one-half  classes  no  such  humane  officer  shall  carry  any  such  weapon  unless 
permission  in  writing  so  to  do  has  ftrst  been  granted  to  him  by  the 
board  of  police  commissioners  of  such  city  or  city  -and  county.  Every 
humane  officer  must  when  making  such  arrests  exhibit  and  expose  a 
suitable  badge  to  be  adopted  by  the  corporation  appointing  him  which 
shall  bear  its  name  and  a  number.  Any  person  resisting  a  humane 
officer  in  the  performance  of  his  dut}'  as  provided  in  this  section,  shall 
be  guilty  of  a  misdemeanor.  Any  person  who  has  not  been  appointed 
and  qualified  as  a  humane  officer  as  provided  in  this  section,  or  whose 
appointment  has  been  revoked  as  provided  in  this  section,  who  shall 
represent  himself  to  be  or  shall  attempt  to  act  as  such  officer  shall  be 
guilty  of  a  misdemeanor.  Any  officer  of  sucn  corporation  who  shall 
knowingly  or  willfully  sign  or  issue  any  certificate  provided  for  in  this 
section,  which  shall  be  in  any  material  respect  false  or  untrue,  shall 
be  guilty  of  a  misdemeanor. 

§  2.     All   acts  and  parts  of    acts  in    conflict    with    the    provisions    of 
this    act    are    hereby    repealed.     [Amendment    approved    May    30,    1913; 
Stats.  1913,  p.  511.     In  effect  August  10,  1913.] 
Citations.     App.  14/230. 


§§  629-633  CIVIL  CODE.  142 

Companies  must  supply  gas.  electricity,  etc.,  to  tuildings  within  one 
hundred  feet  distant  from  main. 
§  629.  Upon  the  application  in  writing  of  the  owner  or  occupant  of 
any  building  or  premises  distant  not  more  than  one  hundred  feet  from 
any  gas  or  steam  main,  or  direct  or  primary  wire  of  the  corporation, 
and  payment  by  the  applicant  of  all  money  due  from  him,  the  corpora- 
tion must  supply  gas,  electricity,  steam  or  heat  as  required  for  such 
building  or  premises,  and  cannot  refuse  on  the  ground  of  any  indebted- 
ness of  any  former  owner  or  occupant  thereof,  unless  the  applicant  has 
undertaken  to  pay  the  same.  If,  for  the  space  of  ten  days  after  such 
application,  the  corporation  refuses  or  neglects  to  supply  the  gas,  elec- 
tricity, steam  or  heat  required,  it  must  pay  to  the  applicant  the  sura 
of  fifty  dollars  as  liquidated  damages  and  five  dollars  per  day,  as  liqui- 
dated damages  for  every  day  such  refusal  or  neglect  continues  thereafter. 
[Amendment  approved  April  12,  1911;  Stats.  1911,  p.  887.] 
Citations.      App.    13/420.    591;    15/706;    18/33,   34.    35. 

Powers  of  building  and  loan  associations.  Purposes  for  which  formed. 
§  633.  Building  and  loan  associations  as  horein.iftor  in  this  title  de- 
fined, shall  have  power  to  receive  money  and  accumulate  funds  to  be 
loaned,  and  to  loan  the  same  to  their  shareholders,  investors  and  oth- 
ers; to  permit  shareholders  and  investors  to  withdraw  part  or  all  of  their 
payments,  investments  or  stock  deposits,  and  to  prescribe  the  terms  and 
conditions  of  such  withdrawal;  to  cancel  shares  of  stock,  the  payments 
on  which  have  been  withdrawn;  to  receive  money  and  to  execute  cer- 
tificates therefor,  which  must  specify  the  date,  amount,  rate  of  interest, 
and  when  the  principal  and  interest  are  pay.ible,  and  also  the  withdrawal 
value  thereof  at  the  end  of  each  year;  to  borrow  money  for  the  purpose 
of  making  loans  and  of  paying  withdrawals  and  maturities;  and  shall 
have  such  further  powers  as  may  be  specifically  set  forth  under  this 
title;  provided,  however,  that  no  such  association  shall,  at  any  time, 
have  or  carry  upon  its  books,  for  any  member  or  investor,  any  demand, 
commercial  or  checking  account  or  any  credit  to  be  withdrawn  upon 
the  presentation  of  any  negotiable  check  or  draft.  Every  such  corpora- 
tion hereafter  formed,  in  setting  forth  the  purposes  for  which  it  is 
formed,  shall  state,  in  its  articles  of  incorporation,  that  it  is  formed 
to  encourage  industry,  frugality,  home  building,  and  savings  among  its 
shareholders  and  members;  the  accumulation  of  savings;  the  loaning  to 
its  shareholders  and  members  of  the  moneys  or  funds  so  accumulated, 
with  the  profits  and  earnings  thereon,  and  the  repayment  to  each  of  his 
savings  and  profits,  whenever  they  have  accumulated  to  the  full  par 
value  of  the  shares,  or  at  any  time  when  he  shall  desire  the  snme  or 
when  the  corjioration  shall  desire  to  repay  the  same,  as  it  may  be  pro- 
vided in  the  by-laws;  and  shall  also  state  that  it  is  formed  for  all  the 
pnrposes  specified  in  this  title.  [Amendment  approved  June  10,  1913; 
Stats.  191."?,  p.  552.  In  effect  August  10,  1913.] 
Citations.      Cal.   156/679.      App.   14^690. 


143  CIVIL  CODE.'  §  G3i 

Shares  of  building  and  loan  associations.  Installment  shares.  Full  paid 
shares.  Pass-book  shares.  Guarantee  stock.  Reserve.  Directors. 
Entrance  fee. 
§  634.  Tlie  capital  of  every  such  corporation  shall  be  divided  into 
shares  of  the  matured  or  par  value  of  one  hundred  or  two  hundred  dol- 
lars each,  as  provided  by  the  articles  of  incorporation,  and  shall  be 
paid  in  by  the  subscribers  in  the  manner  provided  by  the  by-laws.  All 
such  payments  shall  be  called  dues.  Certificates  shall  be  issued  to  each 
shareholder  on  the  first  payment  of  dues  by  him.  Shares  pledged  as 
security  for  the  repayment  of  a  loan  shall  be  called  pledged  shares, 
and  all  others,  free  shares.  All  shares  matured  and  surrendered  or  can- 
celed, shall  become  the  property  of  the  corporation  and  may  be  reissued. 
The  capital  shall  consist  of  the  accumulated  dues  together  with  the  ap- 
portioned profits  of  the  corporation,  and  shall  be  accumulated  by  the 
issuance  of  shares  in  "installment"  form  and,  where  the  by-laws  shall 
so  provide,  in  any  or  all  the  following  forms,  viz.:  "full  paid,"  "pass- 
book or  juvenile"  and  "guarantee." 

a.  Installment  shares  shall  be  either  "serial"  or  "permanent"  in  form. 
When  issued  in  "serial"  form  the  periodical  dues  on  shares  in  each  series 
shall  commence  with  the  date  of  the  issue  of  such  series  and  the  holdei 
must  iiay  such  dues  and  such  amounts  per  share  and  at  such  times  as 
the  bylaws  may  provide,  and  such  payments  must  continue  on  each 
share  until,  with  the  profits  allotted  thereto,  it  reaches  its  matured  value 
or  is  withdrawn  or  canceled.  On  all  such  issues  the  dividends  shall  be 
apportioned  or  credited  equally  to  each  share  in  each  series.  No  share 
of  a  prior  series  shall  be  issued  after  the  issue  of  shares  in  a  new  series, 
except  by  wa}'  of  transfer.  Shares  issued  in  "permanent"  form  may  be 
issued  at  any  time  and  the  dividends  thereon  may  be  credited  in  the 
pass-books  of  the  members.  Shares  of  either  form  may  be  issued  in 
"classes"  with  a  difl'erent  periodical  payment  for  each  class  designa- 
tion, to  be  specified  in  the  by-laws,  and  shall  be  issued  with  full  partici- 
pation  in  the  profits  subject   to  apjjortionment   as  dividends. 

b.  Full  paid  shares  shall  be  shares  upon  which  a  single  payment  of 
dues  amounting  to  one  hundred  or  two  hundred  dollars  per  share  Shall 
be  paid  at  the  time  of  subscription  and  upon  which  the  holder  shall  be 
entitled  to  either  a  full  participation  in  the  net  profits  or  to  an  agreed 
rate  of  dividends  not  exceeding  six  per  cent  per  annum,  payable  semi- 
annually in  cash,  to  be  specified  in  the  body  of  the  certificate  issued. 
All  such  shares  may  be  issued  in  separate  classes  as  to  participation, 
under  regulations  to  be  provided  in  the  by-laws  and  which  must  be 
fully  set  forth  in  or  upon  each  certificate  issued. 

c.  Pass-books  or  juvenile  shares  are  shares  which  shall  participate  in 
the  apportionment  of  net  profits  and  be  credited  therewith  at  a  rate 
not  less  than  seventy-five  nor  more  than  ninety  per  centum  of  the  rate 
apportioned  to  installment  shares,  as  the  by-laws  shall  determine,  and 
upon  which  the  dues  may  be  paid  in  at  such  times  and  in  such  amounts 
as   the   holder   thereof   may   elect  until   said   shares  reach  their   matured 


§637, 


CrV'IL   CODE.  144 


value  or  are  withdrawn.  Such  shares  shall  be  withdrawable  under  rules 
to  be  provided  in  the  by-laws  and  fully  set  forth  in  the  pass-books 
issued.  The  matured  value  of  this  rlass  of  shares  shall  not  exceed  in 
volume  twenty-five  per  centum  of  the  matured  value  of  all  other  shares 
in  force.  No  membership  fee,  fine  or  forfeiture  shall  be  chargeable 
against  such  shares. 

d.  Guaranteed  stock  shall  be  stock,  provided  by  the  by-laws,  to  be 
Bet  apart  and  sold  as  a  fixed,  permanent  or  guarantee  capital.  When 
any  such  stock  has  been  once  so  set  apart,  sold  and  issued,  it  shall 
thereafter  remain  as  a  fixed,  permanent  and  guarantee  capital,  and  shall 
be  subjected  to  all  the  conditions  and  liabilities  attaching  to  the  paid-in 
capital  stock  of  other  classes  of  corporations.  Such  guarantee  stock 
shall  protect  and  guarantee  all  other  stockholders  and  creditors  against 
any  loss,  and  when  once   paid  it  must  be  kept  unimpaired. 

e.  Every  corjjoration  specified  in  this  title  issuing  installment  or  full 
paid  investment  certificates  shall  at  all  times  have  issued  and  fully 
paid  for,  either  an  amount  of  guarantee  capital  stock,  or  permanent 
nonwithdrawable  capital  stock,  or  both  su<h  guarantee  capital  stock  and 
permanent  n<in\vitlidrawahle  capital  stock  equal  to  ten  per  cent  of  the 
aggrcf^ato  amount  of  its  liability  on  its  saiil  installment  investment  cer- 
tificates, and  full  paid  investment  certificates,  or  shall  have  a  reserve 
fund  equal  to  ten  per  cent  of  its  said  aggregate  liability  on  said  install- 
ment and  full   paid  investment  certificates. 

f.  Corporations  specified  in  this  title,  issuing  guarantee  stock,  may 
provide  in  their  by  laws  that  a  majority  of  the  board  of  directors  shall 
be  selected  from  the  holders  of  such  stock. 

g.  Every  such  corporation  shall  also  have  power,  by  its  bylaws,  to 
charge  an  entrance  or  withdrawal  fee,  for  each  share  of  stork  it  may 
issue,  not  exceeding  one  dollar  on  each  share,  and  also  to  charge  a  trans- 
fer fee,  not  exceeding  ten  cents  on  each  share,  all  of  which  fees  shall 
be  accounted  for  by  the  corporation  like  other  funds  of  the  association. 
No  other  fee,  charge  or  deduction  shall  ever  be  made  or  jiermittid  to  be 
mavle  against  any  shareholder,  or  against  any  of  his  shares  hereafter 
issued,  or  the  dues  paid  in  thereon  for  the  purpose  of  creating  a  fund 
to  be  used  in  the  payment  of  current  or  running  expenses,  [.\mend- 
nient  approved  .Tune  10,  11)13;  Stats.  1913,  p.  553.  In  effect  .\ugU8t  lU, 
1913.] 

Loans  of  building  and  loan  associations.  Oflacers  may  not  borrow.  No 
lo.an  on  own  guaranteed  stock.  No  loan  on  miniag  stock. 
§  637.  Lo:ins  may  be  maile  upon  the  "mutual  plan"  or  upon  the  "defi- 
nite contract  plan."  Loans  made  upon  the  mutual  plan  shall  be  accom- 
panied by  a  pledge  of  shares  having  a  matured  or  par  value  equal  to 
the  face  of  the  loan.  Definite  contract  loans  shall  be  repayable  in  a 
definite  number  of  equal  periodical  installments,  to  be  named  in  the  note 
or  obligation,  each  in  an  amount  suflicient  for  the  aggregate  of  all  to 
repay    the   principal   of   the   loau    together   with   interest    on    the   unpaid 


145  CIVIL  CODE.  §§  638, 639 

periodical  balances,  within  the  time  and  at  the  rate  agreed  upon.  It 
shall  be  unlawful  for  any  director  or  officer  of  any  corporation  governed 
by  this  title,  directly  or  indirectly,  for  himself,  or  as  a  partner  or  agent 
for  others,  to  borrow  any  of  the  funds  of  such  corporation,  and  any 
officer  or  director  violating  the  provisions  of  this  section  shall  be  guilty 
of  a  felony.  Any  officer  or  director  of  any  such  corporation  who  con- 
sents on  behalf  of  such  corporation  to  make  a  loan  to  any  officer  or 
director  of  such  corporation  shall  be  guilty  of  a  felony,  and  shall  also 
be  personally  liable  to  the  corporation  for  the  full  amount  thereof.  It 
shall  be  unlawful  for  any  building  and  loan  association,  corporation  or 
society  operating  under  the  provisions  of  this  title  to  loan  any  of  its 
funds  upon  any  of  its  own  guarantee  stock  or  upon  its  permanent  non- 
withdrawable  capital  stock  as  security.  Any  officer  or  director  of  an 
association  who  shall  make  any  such  loan  for  and  on  behalf  of  any 
association  shall  be  personally  liable  to  the  corporation  for  the  full 
amount  thereof,  and  shall  also  be  deemed  guilty  of  a  felony.  It  shall 
be  unlawful  for  any  building  and  loan  association,  corjioration  or  soci- 
ety, operating  under  the  provisions  of  this  title,  to  loan  any  of  its  funds 
upon  the  security  of,  or  to  invest  any  of  its  funds  in  any  mining  shares 
or  mining  stocks,  or  in  the  stocks  or  bonds  of  any  corporation,  other 
than  in  this  title  provided;  and  any  officer  or  director  who,  on  behalf 
of  any  such  corporation,  shall  make  any  such  loan  or  investment,  or 
who  shall  consent  thereto,  shall  be  personally  liable  to  the  corporation 
for  the  whole  amount  of  any  such  loan  or  investment,  and  shall  also 
be  guilty  of  a  felonv.  [Amendment  approved  June  li),  1913;  Stats.  1913, 
p.  551.     In  effect  August  10;  1913.] 

Security  for  loans.     Interest. 

§  638.  For  every  loan  made  a  note  or  obligation  must  be  executed 
by  the  borrower,  secured  by  a  first  mortgage  or  deed  of  trust  upon  un- 
encumbered real  estate  having  an  appraised  value  of  not  less  than 
twenty-five  per  cent  in  excess  of  the  face  of  the  loan  (except  such  loans 
as  may  be  made  upon  the  security  of  bonds  specified  in  section  647); 
or  in  lieu  of  a  mortgage  or  deed  of  trust,  loans  to  the  extent  of  not 
exceeding  ninety  per  cent  of  the  then  withdrawable  value,  may  be  made 
upon  the  pledge  of  free  shares  or  certificates  as  security  for  their  re- 
payment. The  board  of  directors  may  from  time  to  time  fix  the  rate 
of  interest  to  be  charged  on  loans.  A  borrower  may  at  any  time  repay 
his  loan  together  with  interest  or  arrears  due  thereon  and  upon  the 
surrender  of  the  shares,  or  certificate  pledged  as  security  therefor. 
[Amendment  approved  June  10,  1913;  Stats.  1913,  p.  551.  In  effect 
August  10,  1913.] 

§  639. 

Citations.     App.   10/436,   438. 
10 


§§  648-650 


CIVIL    CODE. 


146 


§   648. 

Citations.      Cal.   156/679.      App.    14/690. 

§  648a. 

Citations.     App.   14/690. 

Incorporation  of  colleges.     Trustees.     Capital  stock. 

§  649.  Any  number  of  j'trsous  who  may  desire  to  establish  a  college 
or  seminary  of  learning  may  incorporate  themselves  as  provided  in  this 
part,  except  that  in  lieu  of  the  requirements  of  section  290,  the  articles 
O'f   incorporation    shall   contain: 

1.  The  name   of  the  corporation. 

2.  The   purpose   for  which   it   is   organized. 

3.  The  place  where  the  college  or  seminary  is  to  be  conducted. 

4.  The  number  of  its  trustees,  which  shall  not  be  less  than  five  nor 
more  than  thirty  and  the  names  and  residences  of  the  trustees.  The 
term  for  whicli  the  trustees  named  and  their  successors  are  to  hold 
office  may  also  be  stated.  If  it  is  desired  that  the  trustees,  or  any  por- 
tion of  them,  shall  belong  to  any  organization,  society,  or  church,  such 
limitation   shall   be  .stated. 

5.  If  said  corjioration  is  to  have  capital  stock,  the  amount  of  its  capital 
stock  and  the  number  of  shares  into  which  it  is  divided,  and  the  amount 
actuallv  subscribed  and  by  whom.  [Amendment  approved  April  3,  1911; 
Stats.  1911,  p.  58.S.] 

Classification  of  trustees.     Quorum.     Powers. 

§  650.  Unless  otherwise  provided  in  the  articles  of  incorporation  the 
board  of  trustees  shall,  as  soon  as  organized,  so  classify  themselves 
that  one-fifth  of  their  number  shall  go  out  of  office  every  year,  and 
thereafter  the  trustees  shall  hold  office  for  five  years.  A  majority  of  the 
trustees  shall  constitute  a  quorum  for  the  transaction  of  business, 
e-xccfit  where  the  number  of  trustees  exceeds  thirteen  they  may,  in  the 
by-laws,  provide  that  not  less  than  seven  shall  constitute  a  quorum. 
The  office  of  the  corporation  shall  be  at  the  follege  or  seminary  or  at 
such    place   as   shall    be   designated    by   the    board   of   trustees. 

The   trustees   shall   have   the   jiower: 

1.  To  elect,  by  ballot,  annually  one  of  their  number  as  president  of 
the  board. 

2.  Upon  the  death,  removal  out  of  the  state,  or  other  vacancy  in  the 
office,  or  expiration  of  the  term  of  any  trustee,  to  elect  another  in  his 
l)lace  who  shall  hold  office  for  the  time  and  under  the  conditions  pre- 
scribed in  the  by-laws  of  tlie  corporation;  provided,  that  where  there 
are  graduates  of  the  institution,  such  graduates  may,  under  such  rules 
as  the  board  shall  jirescribc,  nominate  persons  to  fill  vacancies  in  the 
board  of  trustees.  Such  nontinations  shall  be  considered  by  the  board, 
but  it  may  reject  any  or  all  such  nominations,  and  of  its  own  motion 
appoint   others. 


147 


CIVIL   CODE. 


§§  653C-659 


3.  To  elect  additional  trustees;  provided,  the  whole  number  elected 
shall   never   exceed   thirty  at   any   one  time. 

4.  To  declare  vacant  the  seat  of  any  trustee  who  shall  absent  him- 
self from  eight  succeeding  meetings  of  fhe  board. 

5.  To  receive  and  hold,  by  purchase,  gift,  devise,  bequest,  or  grant, 
real  or  personal  property  for  educational  purposes  connected  with  the 
corporation,  or  for  the  benefit  of  the  institution. 

6.  To  sell,  mortgage,  lease  and  otherwise  use  and  dispose  of  the  prop- 
erty of  the  corporation  in  such  manner  as  they  shall  deem  most  condu- 
cive to  the  prosperity   of  the  corporation. 

7.  To  direct  and  prescribe  the  course  of  study  and  discipline  to  be 
observed  in  the   college  or  seminary. 

8.  To  appoint  a  president  of  the  college  or  seminary,  who  shall  hold 
his   office   during   the   pleasure   of   the   trustees. 

9.  To  appoint  such  professors,  tutors,  and  other  officers  as  they  shall 
deem  necessary,  who  shall  hold  their  offices  during  the  pleasure  of  the 
trustees. 

10.  To  grant  such  literary  honors  as  are  usually  granted  by  any  uni- 
versity, college,  or  seminary  of  learning  in  the  United  States  and  in 
testimony  thereof  to  give  suitable  diplomas  under  their  seal,  and  the 
signature  of  such  officers  of  the  corporation  and  the  institution  as  they 
shall    deem    expedient. 

11.  To  fix  salaries  of  the  president,  professors,  and  other  officers  and 
emi)loyees   of   the   college   or   seminary. 

12.  Subject  to  the  consent  and  approval  of  the  organization,  society 
or  church  to  which  it  is  required  by  the  articles  of  incorporation  that 
said  trustees  shall  belong,  to  make  all  by-laws  and  ordinances  necessary 
and  proper  to  carry  into  effect  the  preceding  powers  and  necessary 
to  advance  the  interests  of  the  college  or  seminary;  provided,  that  no 
by-laws  or  ordinances  shall  conflict  with  the  constitution  or  laws  of 
the  United  States,  or  of  this  state.  [Amendment  approved  June  6,  1913; 
Stats.  1913,  p.  4U0.     lu  effect  August  lU,  1913.] 

§  653c. 

Citations.     Gal.   161/111,   112. 

§  653e. 

Citations.     Cal.   161/110. 

§  654. 

Citations.      App.   13/421;    17/649. 

§  658. 

Citations.      Cal.   161/520.      App.   9/320;    16/160. 

§  659. 

Citations.      App.   16/160;   17/649. 


§§  660-703  CIVIL  CODE.  148 

§  660. 

Citations.      Cal.   163/796.      App.   9/320;   16/159,   160. 

§  661. 

Citations.     App.   16/160. 

§  662. 

Citations.      Cal.   162/606.     App.   19/131. 

§   679. 

Citations.      Cal.    161/604. 

§  682. 

Citations.      Cal.   156/197;    160/780.      App.   12/358. 

§  683. 

Citations.      C.tI.    157/66.      App.   12/358;    13/510. 

§  685. 

Citations,      r.il.    157/66. 

§  690. 

Citations.      App.    17/505. 

§  693. 

CiUtions.      Cal.   158/103.      App.    11/739. 

§   694. 

Citations.   Cal.  158/103.  App.  11/739;  18/240.  242;  17/187,  188.  605, 
50G,  507. 

§  695. 

CiUtions.   Cal.  158/103.  App.  11/739;  13/242;  17/189. 

§  696. 

Citations.      App.   13/243. 

§  697. 

Citations.      App.    13/242.   260. 

§  699. 

Citations.      App.    13/260.   262. 

§  700. 

Citations.      Cal.   163,  lOJ.    496.      App.   10/562;    12/359;    13/242.    260. 

§  703. 

CiUtions.      Cal.   163/496. 


149 


CrVIL    CODE. 


§§  710-780 


§  710. 

citations.      Cal.   161/321,  322. 

§  711. 

Citations.     App.   17/690. 

S  715. 

Citations.      Cal.   155/726,  733;  16/567. 

§  716. 

Citationi.      Cal.    162/567. 

Lease   of  city  lots. 

§  718.  No  lease  or  grant  of  any  town  o^r  city  lot  for  a  longer  period 
than  ninety-nine  years,  in  wiiich  shall  be  reserved  any  rent  or  service 
of  any  kind,  shall  be  valid;  provided,  that  the  property  of  any  nuinici- 
pality,  or  any  minor  or  incompetent  person,  shall  not  be  leased  for  a 
longer  period  than  ten  years.  [Amendment  approved  May  1,  I'Jllj  Stats. 
1911,  p.  1391.] 


§  724. 

Citations. 

Cal. 

164/633. 

§  741. 

Citations. 

App. 

,  11/746. 

§  761. 

Citations. 

Cal. 

155/687. 

§  7G5. 

Citations. 

Cal. 

155/687. 

§  767. 

Citations. 

Cal. 

158/435,   436, 

§  769. 

Citations. 

App. 

12/311. 

§  773. 

Citations. 

Cal. 

158/436. 

§  779. 

Citations.      Cal.   164/511.      App.   13/242,   260;    17/504. 

§  780. 

Citations.      App.   17/504,   507. 


i§  789-831 


CIVIL   CODE. 


150 


Termination   of   estates. 

§  789.  A  tenancy-  or  other  estate  at  will,  however  created,  may  be 
terminated  by  the  landlord's  giving  notice  in  writing  to  the  tenant,  in 
the  manner  prescribed  by  section  1162  of  the  Code  of  Civil  Procedure, 
to  remove  from  the  premises  within  a  period  of  not  less  than  thirty 
days,  to  be  specified  in  the  notice.  [Amendment  approved  February  15, 
1911;    Stats.    1911,   p.    61.] 

Citations.      Gal.   162/57.     App.  18/431. 

§  791. 

Citations.      App.   19/357,   358. 

§  793. 

Citations.      App.   19/357,   358. 

§  801. 

Citations.      Cnl.   164/415,  416;    (subd.  5)    155/144.     App.    16/233. 


§ 

802. 

Citations. 

Cal. 

(subd.   6)    155/144, 

§ 

804. 

Citations. 

Cal. 

163/154. 

§ 

805. 

Citations. 

App. 

10/666. 

§ 

806. 

Citations. 

App. 

10/666. 

§ 

811. 

Citations. 

App. 

10/666. 

§ 

819. 

Citations. 

App. 

15/641. 

§ 

821. 

Citations. 

App. 

18/281. 

§ 

827. 

Citations. 

Cal. 

1C4/8. 

§  830. 

Citations.      Cal.   158/120,  127,  132.      App.   10/659,  661. 

§  831. 

Citations.      Cal.   lGl/18. 


151 


CIVIL   CODE. 


§§  8J7-864 


§  847. 

CiUtions.   Cal.  155/733;  161/64,  66;  162/566,  585,  586.   App.  8/760. 

§  852. 

Citations.  Cal.  158/183;  161/66,  67;  164/633.  App.  12/628;  15/488;  19/ 
705. 

§  853. 

CiUtions.   Cal.  160/103,  104;  161/74;  163/593.  App.  9/449;  11/65,  694. 

§  856. 

CltatlonB.     Cal.   163/806. 

Purposes  of  express  trusts. 

§  857.  Express  trusts  may  be  created  for  any  of  the  following  pur- 
poses: 

1.  To  sell  and  convey  real  property  and  to  hold  or  reinvest  or  apply 
or  dispose  of  the  proceeds  in  accordance  with  the  instrument  creating 
the    trust. 

2.  To  mortgage  or  lease  real  property  for  the  benefit  of  annuitants, 
or  devisees  or  legatees,  or  other  beneficiaries,  or  for  the  purpose  of 
satisfying  any  charge  thereon. 

3.  To  receive  the  rents  and  profits  of  real  property,  and  pay  them  to, 
or  apply  them  to  the  use  of  any  person,  whether  ascertained  at  the 
time  of  the  creation  of  the  trust  or  not,  for  himself  or  for  his  family 
during  the  life  of  such  person,  or  for  any  shorter  term,  subject  to  the 
rules  of  title  2  of  division  2  of  part  1  of  this  code. 

4.  To  receive  the  rents  and  profits  of  real  property  and  to  accumulate 
the  same  for  the  purposes  and  within  the  limits  prescribed  by  the 
same    title;    or 

5.  To  convey,  partition,  divide,  distribute  or  allot  real  property  in 
accordance  with  the  instrument  creating  the  trust,  subject  to  the  limi- 
tations of  the  same  title.  [Amendment  approved  May  30,  1913;  Stats. 
1913,  p.  438.     In   effect   August   10,   1913-,] 

Citations.  Cal.  155/733,  771:  161/64.  66.  69;  162/566,  568,  577,  585,  586; 
(subd.  3)  162/586;  164/633;  (subd.  4)  164/634.  App.  8/760;  10/307;  (subd. 
2)    12/452. 

§  858. 

Citations.     App.  19/513,  514. 

§  863. 

Citations.      Cal.   162/568,  575.      App.   8/686;  10/307. 

§  864. 

CiUtions.      Cal.   164/632. 


§§865-1006 

§  865. 

Citations. 


CIVIL   CODE. 


152 


Cal.   155/273. 


§  866. 

Citations.      Cal.   155/273. 

§  870. 

CitatlonB.     App.   12/45.3,  454,   457. 

§  871. 

Citations.     App.   17/669. 

§  953. 

Citations.      App.    12/642;    16/459;    18/280,   619. 


§  954. 

Citations. 


App.   8/662;   16/459;   18/280,   619. 


Assignment  of  wages.     Power  of  attorney  revocable. 

§  955.  Xo  assi;,MiiiiPnt  of,  or  order  for  wage;  or  salary  shall  be  valid 
unles.s  made  in  writing  by  the  person  by  whom  the  said  wages  or 
salary  are  parnoil  and  no  a.'^signmcnt  of,  or  order  for,  wages  or  salary 
made  by  a  married  person  shall  be  valid  unless  the  written  consent  of 
the  husband  or  wife  of  the  person  making  such  assignment  or  order 
is  attached  to  such  assignment  or  order;  and  no  assignment  or  order  for 
wages  or  salary  of  a  minor  shall  be  valid  unless  the  written  consent 
of  a  parent  or  the  guardian  of  such  minor  is  attached  to  such  order 
or  assignment.  No  assignment  of,  or  order  for,  wages  or  salary  shall 
be  valid  unless  at  the  time  of  the  making  thereof,  such  wages  or  salary 
have  been  earned,  except  for  the  necessities  of  life  and  then  only  to  the 
jierson  or  persons  furnishing  such  necessities  of  life  directly  and  then 
only  for  the  amount  needeil  to  furnish  such  necessities.  Any  power 
of  attorney  to  assign  or  collect  wages  or  salary  shall  be  revocable  at  | 
any  time  by  the  maker  thereof.  (New  section  approved  June  7,  1913;  | 
Stats.  1913,*  p.  537.     In  effect  August  10,  1913.] 

§  991.  J 

Citations.      Cal.    158/256,   257.  I 

§  993. 

Citations.     App.    ir,   .i-jfi. 


§  1001. 

Citations. 
696,   699. 


Cil.    164/2.T2,    23.1,    234.      App.    13/411,    412,    418;     15/694,    695, 


§    1006. 

Citations.      Cal.   156/18;    162/519.      App.   19/325. 


153  CIVIL  CODE.  §§  1007-1083 

§  1007. 

Citations.      Cal.   156/404. 

§  1013. 

Citations.      Cal.   163/794.      App.  16/100. 

§   1016. 

Citations.      Cal.  160/790,   797,   798. 

§  1019. 

Citations.      Cal.   163/794,   796.     App.  10/95.  96;    16/160. 

§  1039. 

Citations.     Cal.   161/616. 

§  1044. 

Citations.   Cal.  161/415.  App.  8/662;  10/557;  16/326;  17/340,  344,  346, 
850,  352. 

§  1045. 

Citations.   Cal.  156/660;  161/414;  163/496.  App.  8/662;  10/557,  562. 

§  1053. 

Citations.     Cal.   161/615,  616. 

§  1056. 

Citations.      Cal.   160/606.      App.   12/271. 

§  1059. 

Citations.     App.  12/382. 

§  1066. 

Citations.     Cal.   158/154.     App.  12/170, 

§  1067. 

Citations.      App.  12/168. 

§  1069. 

Citations.   Cal.  155/680;  157/683;  158/154;  161/18,  274.  App.  8/575; 
10/298,  660,  061. 

§  1070. 

Citations.      Cal.   160/521.     App.   12/170. 

§  1072. 

Citations.      Cal.   155/49.      App.   17/346. 

§  1083. 

ClUtions.   Cal.  155/49.  App.  8/602;  19/506. 


§§  1084^1141  CKIL   CODE. 

§  1084. 

Citations.      App.   8/512,   662;   13/652. 

§   1091. 

Citations.   Cal.  156/247;  161/67,  616;  162/660.   App.  18/698. 

§  1092. 

Citations.     Cal.   161/616. 

§  1093. 

Citations.      Cal.    156/35;   159/614. 

§   1094. 

Citations.      Cal,   156/35. 

§  1104. 

Citations.      Cal.    155/408;   164/415,  416.      App.   10/408. 

§   1105. 

Citations.      Cal.    155/679;    161/616.      App.    17/348. 

§   1106. 

Citations.     Cal.   155/773. 

§   1107. 

Citations.      App.    14/363. 

§  1108. 

Citations.      Cal.   161/616. 

§   1109. 

Citations.      Cal.    160/258. 

§   1112. 

Citations.     Cal.  161/19. 

§   1113. 

Citations.      Cal.    161/393.      App.    16/8. 

§    1114. 

CiUtions.      Cal.    155/273;  161/393,  394.      App.    14/388. 

§    1140. 

Citations.   Cal.  156/328;  158/526.   App.  18/341,  343. 

§  1141. 

ClUtious.      App.   16/186;    18/342. 


155 


CIVIL   CODE. 


§§1146-1189 


§  1146. 

citations.      App.   15/487;  17/169, 

§  1147. 

Citations.      App.   15/487;   17/169. 

§   1148. 

Citations.      Cal.   157/3G0, 

§  1149. 

Citations.      Cal.   157/361.      App.   15/487;   17/169. 

§  1151. 

Citations.     Cal.   157/360. 

§  1170. 

Citations.     App.   18/648. 

§   1171. 

Citations.      App.   8/694;   18/645. 

By  whom  acknowledgments  may  be  taken. 

§  1181.  The  proof  or  acknowledgment  of  an  instrument  may  he  made 
in  this  state,  within  the  city,  county,  city  and  county,  township  or 
district  for  which  the  officer  was  elected,  or  appointed,  before  either: 

1.  A   clerk  of  a  court   of  record; 

2.  A  county  recorder; 

3.  A   court   commissioner; 

4.  A   notary   public; 

5.  A  justice  of  the  peace.  [Amendment  approved  March  21,  1911; 
Stats.   1911,   p.   429.] 

§  1182. 

Citations.     Cal.    (subd.  4)   162/377. 

§  1185. 

Citations.     App.   9/126. 

§  1186. 

Citations.     Cal.   159/614. 

§   1187. 

Citations.     Cal.   156/35.     App.  8/695. 

§   1189. 

Citations.      Cal.   162/377.     App.  9/126. 


§§  1191-1218 


CrV'lL   CODE 


156 


§  1191. 

Citations. 


Cal.  159/614,   615. 


§  1198. 

Cltatiom.     Cal.   158/759. 

§  1203. 

Citatlona.     158/759. 

Defective  instruments  as  notice. 

§  1207.  Aijy  iustruiiient  aflfefting  the  title  to  real  property,  which 
was,  previous  to  the  first  day  of  January,  one  thousand  nine  hundred 
and  thirteen,  copied  into  the  proper  book  of  record,  kept  in  the  office 
of  any  county  recorder,  imparts,  after  that  date,  notice  of  its  contents 
to  subsequent  purchasers  anil  encumbrancers,  notwithstanding  any  defect, 
omission,  or  informality  in  the  execution  of  the  instrument,  or  in  the 
certificate  of  acknowledgment  thereof,  or  the  absence  of  any  such  cer- 
tificate; but  nothing  herein  affects  the  rights  of  purchasers  or  encum- 
brancers previous  to  that  date.  Duly  certified  copies  of  the  record  of 
any  such  instrument  may  bo  read  in  evidence  with  like  effect  as  copies 
of  an  instrument  duly  acknowledged  and  recorded;  provided,  when  such 
copying  in  the  proper  book  of  record  occurred  within  fifteen  years  prior 
to  the  trial  of  the  action,  it  is  shown  first  that  the  original  instrument 
was  genuine.  [Amendment  ajiproved  April  23,  1913;  Stats.  1913,  p. 
75.  In  effect  August  10,  1913.] 
Citations.      App.   18/646. 


§  1213. 
Citations. 


Cal.    161/630.      App.    9/169:    12  ■388;    18/646.    647.   648. 


§   12U. 

Citations.      Cal.   156/169.    368; 
9/169;    13/282;    18/647,   648. 


157/88;    161/630;     162/634;    163/28.      App. 


§   1215. 
Citations. 

§   1216. 
Citations. 

S  1217. 
Citations. 


Cal.   156/169;    161/616,  630.      App.   9/1C9;    18/647,  648. 


App.   18/647,   648. 


Cal.    162/634.      App.    18/646,   647.   648. 


Recording  of  copies  of  instruments  affecting  title  to  real  property. 

§  1218.  A  certilicd  copy  of  an  instruiiUMit  affecting  the  title  to  real 
property,  once  recorded,  or  a  certified  copy  of  the  record  of  such  instru- 
ment may  be  recorded  in  any  other  county,  and,  when  so  recorded, 
the  record  thereof  has  the  same  force  and  effect  as  though  it  was  of  the 


157  CIVIL  CODE.  §§  1238-1248 

original  instrument.     [Amendment  approved  May  30,  1913;  Stats.  1913, 
p.  335.     In  effect  August  10,  1913.] 

§  1238. 

Citations.     Cal.   156/370. 

§  1240. 

Citations.      Cal.   156/367.      App.   11/731. 

§  1241. 

Citations.      Cal.    156/367,  371.     App.   11/731. 

§  1242. 

CiUtions.   Cal.  159/619,  620.   App.  18/694. 

§  1243. 

Citations.      Cal.   161/616.      App.   11/731;    16/336. 

Proceedings  on  execution  against  homesteads. 

§  1245.  When  an  execution  for  the  enforcement  of  a  judgment  ob- 
tained ill  a  case  not  within  the  classes  enumerated  in  section  1241  is 
levied  upon  the  homestead,  the  judgment  creditor  may  at  any  time 
within  sixty  days  thereafter  apply  to  the  superior  court  of  the  county 
in  wliich  the  homestead  is  situated  for  the  appointment  of  persons  to 
appraise  the  value  thereof,  and  if  such  application  shall  not  be  made 
within  sixty  days  after  the  levy  of  such  execution  the  lien  of  the  execu- 
tion shall  cease  at  the  expiration  of  said  period,  and  no  execution  based 
upon  the  same  .iudgment  shall  thereafter  be  levied  upon  the  homestead. 
[Amendment  approved  April  12,  1911;  Stats.  1911,  p.  88:3,] 
Citations.      Cal.    155/231;    160/285,   286,   287,   288. 

Application. 

§  1246.  The  application  must  be  made  upon  a  verified  petition  of  the 
judgment   creditor  showing: 

1.  The  fact  that  an  execution  has  been  levied  upon  the  homestead 
within  sixty  days  prior  to  the  filing  of  said  petition. 

2.  A  description  of  the  homestead  and  the  name  of  the  claimant. 

3.  That  the  value  of  the  homestead  exceeds  the  amount  of  the  home- 
stead exemption. 

4.  That  no  previous  execution  arising  out  of  the  same  judgment  has 
been  levied  upon  said  homestead.  [Amendment  approved  April  12,  1911; 
Stats.    1911,   p.    889.] 

Service  of  notice  of  hearing. 

§  1248.  Within  ninety  days  from  the  date  of  filing  the  petition,  a 
copy  thereof,  with  the  notice  of  the  time  and  place  of  hearing,  must  be 
served  upon  the  claimant  or  his  attorneys  at  least  two  days  before  the 
hearing;    and    if    such    notice    shall    not    be    so    served,  the    lien    of    the 


§§  1253-1266 


CIVIL   CODE. 


158 


execution  shall  cease  at  the  expiration  of  said  period  of  ninety  days, 
and  no  execution  based  upon  the  same  judgment  shall  thereafter  be 
levied  upon  the  homestead.  [Amendment  approved  April  12.  1911:  Stats. 
1911,  p.  890.]  f  >  > 

Citations.      Cal.   155/231,  232. 


§  1253. 
Citations. 

§  1260. 
Citations. 


Cal.   155/231. 


App.   11/628,  728. 


§   1261. 

Citations.     Cal.   158/450. 

S  1262. 

Citations.      App.   11/628,   629. 

§  1263. 

Citations.      Cal.   163/244.      App.    11/628,   629;    16/336. 

§  1264. 

Citations.     App.   16/336. 

Homestead.     Tenure. 

§  12G5.  Fniiii  rind  after  the  time  the  declaration  is  filed  for  record, 
the  prcniisos  tlieroin  described  constitute  a  homestead.  If  the  selection 
was  made  by  a  married  person  from  the  community  property,  or  from 
the  separate  property  of  the  sjjouse  making  the  selection  or  joining 
therein,  the  land  so  selected,  on  the  death  of  either  of  the  spouses,  vests 
in  the  survivor,  subject  to  no  other  liability  than  such  as  exists  or  has 
been  created  under  the  provisions  of  tliis  title;  in  other  cases,  upon 
the  death  of  the  person  whose  property  was  selected  as  a  homestead, 
it  shall  go  to  the  heirs  or  devisees,  suliject  to  the  power  of  the  superior 
court  to  assign  the  same  for  a  limited  period  to  the  family  of  the 
decedent;  but  in  no  case  shall  it,  or  the  products,  rents,  issues  or  profits 
thereof  be  held  liable  for  the  debts  of  the  owner,  except  as  provided  in 
this  title;  and  should  the  homestead  be  sold  by  the  owner,  the  proceeds 
arising  from  such  sale  to  the  extent  of  the  value  allowed  for  a  home- 
stead exemption  as  provided  in  this  title  shall  be  exempt  to  the  owner 
of  the  homestead  for  a  period  of  six  months  next  following  such  sale. 
[Amendment    approved   Fcbruarj'    15,   1911;    Stats.    1911,   p.    61.] 

Citations.      Cal.    159/619;    161/21,    290;    162,309;    163/244,    292.      App.    12/ 

352,   355,   357,   358. 


§   1266. 
Citations. 


App.   11/728. 


159  CIVIL  CODE.  §§  1270-1301 

§  1270. 

Citations.      Cal.   155/635;    158/421. 

§  1273. 

Citations.      Cal.    156/35. 

§   1275. 

Citations.      Cal.   164/767. 

§  1276. 

Citations.      Cal.   155/635;  163/293,  294. 

§  1277. 

Citations.      Cal.   155/635;    159/170.     App.   14/463. 

§  1278. 

Citations.      Cal.   163/293,  296. 

§  1279. 

Citations.      Cal.   156/312. 

§   1287. 
i  Citations.     Cal.   163/781. 

'      §  1289. 

Citations.      Cal.   155/635. 

§   1292. 

Citations.      Cal.   155/635.      App.  9/465,    466. 

§  1293. 

Citations.      App.   9/465,  466. 

:     §  1294. 

Citations.      App.   9/465,  466. 

§   1295. 

Citations.     App.   9/465,   466. 

§  1296. 

Citations.      Cal.   163/781.      App.   9/465,  466. 

§  1300. 

Citations.     App.   19/253. 

§   1301. 

Citations.      Cal.   159/673,  677.      App.   13/203. 


§§  1303-1336  CIVIL  CODE.  160 

§  1303. 

citations.      Cal.   159/673,    674,    677. 

§  1304. 

CItaUons.      Cal.    155/154,   155,    635.      App.   9/465,  466. 

§  1307. 

Citations.      Cal.    162/473,   474. 

§  1310. 

Citations.      Cal.   1C3/798.      App.    13/294,  296.  297. 

§  1313. 

Citations.   Cal.  157/207;  159/683,  684,  685,  686,  687;  162/409;  164/767. 
App.  13/94;  17/628. 

§  1317. 

Citations.   Cal.  157/458;  161/357;  162/567.   App.  17/188. 

§  1318. 

Citations.   Cal.  157/09;  160/620;  161/591,  602;  162/567;  164/87. 

§  1320. 

Citations.      Cal.   163/781. 

§  1321. 

Citations.      Cal.    161/602;   163/781. 

§  1322. 

Citations.      Cal.    161/593,  602.      App.    13/270,  295,  296,  297. 

§   1324. 

Citations.      Cal.    159/263;   161/658. 

§  1325. 

Citations.      Cal.    159/610. 

§  1326. 

Citations.      Cal.    158/649;   161/359;   162/567. 

§   1327. 

Citations.      Cal.    159/263;   161/358. 

§  1329. 

Citations.      Cal.    161/602,   604. 

§  1336. 

Citations.      Cal.    161/594,  596.  601,  607,  608. 


IGl  CIVIL  CODE.  §§1340-1393 

§  1340. 

citations.      Cal.    164/19,    87. 

§  1341. 

Citations.      Cal.    157/227,    459;    159/395.      App.    17/190. 

§  1342. 

Citations.      Cal.    155/446. 

§  1343. 

Citations.   Cal.  155/727;  157/66;  163/798;  164/767. 

§  1344. 

Citations.     App.   12/311. 

§  1349. 

Citations.      Cal.    156/661. 

§  1359. 

Citations.      Cal.    155/630.      App.    12/112. 

§  1360. 

Citations.     Cal.   155/630. 

§  1363. 

Citations.     Cal.  157/227. 

§  1365. 

Citations.     App.   8/288. 

§  1368. 

Citations.      Cal.    155/98. 

§   1376. 

Citations.      Cal.   159/686;    163/292. 

§  1384. 

Citations.  Cal.  155/635;  157/227.  App.  12/110. 

§  1386. 

Citations.  Cal.  158/429;  159/268;  162/92,  94,  325:  163/798;  (subd.  2) 
158/648;  161/69;  164/314;  (subd.  4)  164/314;  (subd.  5)  162/326;  (subd.  3) 
162/525,  530.   App.  17/579;  (subd.  8)  8/288. 

§  1387. 

Citations.      Cal.   162/474,   475.      App.  12/28,   715,   724. 

§  1393. 

Citations.      Cal.    162/326. 
11 


§§  1401-1415 


CrVTL    CODE. 


162 


§  1401. 

Citations.      Cal.   156/281;    162/175;    163/264. 

§  1402. 

Citations.   Cal.  158/648;  159/262,  263;  161/69;  162/565. 

§  1409. 

Citations.      Cal.    162/92,  94. 

How  rights  to  water  may  be  acquired. 

§  1410.  .Ml  water  or  tlio  use  of  w.iter  within  the  state  of  Talifornia 
is  the  property  of  the  peoj)le  of  the  state  of  ("alifornia,  but  the  right  to 
the  use  of  running  water  flowing  in  a  river  or  stream  or  down  a  canvon 
or  ravine  may  be  acquired  by  appropriation  in  the  manner  provided  by 
law;  provided,  that  no  water  for  the  generation  of  electricity  or  elec- 
trical or  other  power  may  be  appropriated  for  a  longer  period  than 
twenty-five  years,  except  by  a  municipal  corj>nration,  other  than  an 
irrigation  district  or  a  lighting  district,  or  by  an  irrigation  district  when 
such  electricity,  electrical  or  other  power  is  for  use  and  distribution 
only  within  its  own  limits,  and  as  subsidiary  to  and  mainly  for  the 
purpose  of  serving  and  carrying  out  irrigation,  or  by  a  lighting  district 
when  such  electricity,  electrical  or  other  power  is  for  use  and  distribu- 
tion onlv  within  its  own  limits.  [Amendment  approved  April  S,  1911; 
Stats.    1911,   p.   821.] 

Citations.      Cal.   158/S8;   15S,  1.^9:   162/50;   164/125. 

Use  of  waters  flowing  out  of  state. 

§  1410a.  The  entire  flow  of  water  in  any  natural  stream  which  carries 
water  from  the  state  of  California  into  any  other  state  is  subject  to 
use  in  the  state  of  California,  under  the  laws  of  the  state  of  California, 
and  the  right  may  be,  so  far  as  not  already  acquired  by  use  in  the  state 
of  California,  acquired  and  held  under  the  laws  of  the  state  of  Oalifor 
nia.  The  rights  to  the  use  of  such  water  held  under  the  laws  of  the 
state  of  California,  shall  be  prior  and  superior  to  any  rights  to  the 
waters  of  such  streams  held  un<ler  the  laws  of  any  other  state.  |  New 
section  approved  April  25,  1913;  Stats.  1913,  p.  93.  In  effect  August 
10,  1913. J 

§  1411. 

Citations.     App.   19/309. 

§   1414. 

Citations.      Cal.   158/140, 

§  1415. 

CiUtions.      Cal.    158/139,   142,  211.      App.    13/130. 


163 


CIVIL    CODE. 


§§  1416-1427 


Work  to  be  done  in  appropriation  of  waters. 

§  1416.  Within  sixty  days  after  the  notice  is  posted,  the  claimant 
must  commence  the  excavation  or  construction  of  the  works  in  which 
he  intends  to  divert  the  water,  or  the  survey,  road  or  trail  building, 
necessarily  incident  thereto,  and  must  prosecute  the  work  diligently  and 
uninterruptedly  to  coinj)letion,  unless  temporarily  interrupted  by  snows 
or  rain;  provided,  that  if  the  erection  of  a  dam  has  been  recommended 
by  the  California  debris  commission  at  or  near  the  place  where  it  is 
intended  to  divert  the  water,  the  claimant  shall  have  sixty  days  after 
the  completion  of  such  dam  in  which  to  commence  the  excavation  or 
construction  of  the  works  in  which  he  intends  to  divert  the  water;  pro- 
vided, that  whenever  any  city  and  county,  or  any  incorporated  city  or 
town  within  this  state  makes,  or  has  made,  or  acquires,  or  has  acquired 
any  appropriation  of  any  of  the  waters  of  this  state  in  accordance  with 
the  provisions  of  sectio'n  141.')  of  this  code,  it  shall  not  be  necessary 
for  such  city  and  county,  city  or  town  to  commence  the  work  for 
development  of  more  of  the  water  so  claimed  than  is  actnally  necessary 
for  the  immediate  needs  of  such  city  and  county,  city  or  town,  and  it 
shall  be  held  to  be  a  sufficient  compliance  with  the  requirements  of 
this  chapter,  to  the  full  amount  of  water  stated  in  the  notice  posted 
and  recorded,  for  such  city  and  county,  city  or  town  to  within  sixty 
days  make  the  necessary  surveys,  or  within  six  months  to  authorize  the 
issuance  of  municipal  bonds,  for  the  construction  of  the  necessary  works 
designed  to  supply  such  city  and  county,  city  or  town  with  the  water 
required  for  immediate  use.  Any  appropriation  heretofore  made  by  any 
such  city  and  county,  city  or  town  in  connection  with  which  surveys 
were  at  any  time  made,  or  an  issue  of  bonds  authorized  for  the  con- 
struction of  any  portion  of  the  works  necessary  for  a  diversion  of  any 
part  of  the  water  appropriated,  is  hereby  confirmed  to  the  full  amount 
of  water  stated  in  the  original  notice  or  notices.  [Amended  May  1, 
1911;   Stats.   1911,  p.   1419.] 

CitationB.      Gal.   158/140;   161/517,  518,  521. 


§  1417. 
Citations. 


Cal.   158/140. 


§  1418. 

Citations.      Cal.   158/140,   211. 

§  1419. 

Citations.   Cal.  158/141;  161/518;  162/49. 

§  1422. 

Citations.      Cal.  158/139,  141,  142,  143,  144;  161/518,  522;  162/49,  50;  164/ 
126. 


§  1427. 
Citations. 


App.    18/9,  15. 


§§1428-1474  givii.  CODE.  164 

§  1428.  • 

citations.     App.   18/9,  15. 

§  1430. 

Citations.      App.    11/376;    19/450. 

§  1431. 

Citations.      App.    13/.510;    15/157;    19/450. 

§   1432. 

CiUtions.      App.   9/59;    10/77. 

§  1439. 

Citations.      App.    19/212. 

§  1440. 

CiUtions.   Cal.  160/660.   App.  13/377. 

§  1442. 

OlUtlons.   C«l.  160/261.   App.  12/53;  19/858. 

§  1449. 

Citations,      App.   16/370. 

§  1468. 

Citations.      App.    13/719;   16/459:   lR/2«n    619. 

§   1459. 

Citations.      Cal.    16l'/129.      App.    13/338;    18/280.  452;   19/506. 

§    1460. 

Citations.      Cal.    155/135,  405.      App.    8/148;  10/423. 

§  1461. 

Citations.      Cal.    155/135,   405;    160/519,   56.'.;    164/442.      App     10/422. 

§    1462. 

CiUtions.   Cal.  155/135.  405;  160/519,  565;  164/442.   App.  10/422. 

§  1465. 

CiUtions.      Cal.    155/135. 

§  1473. 

Citations.      App.   9/60. 

§   1474. 

Citations.      App.   9/59. 


165  CIVIL  CODE.  §§  1477-1504 

§  1477. 

citations.      Cal.    lfin/f.47. 

§  *1479. 

Citations.      App.   (subd.  2)    11/21. 

§  1485. 

Citations.      Cul.    155/463. 

§  1488. 

Citations.      Cal.   161/509. 

§  1489. 

Citations.   Cal.  161/509;  162/746.  App.  18/589. 

§  1490. 

Citations.     App.   13/376,  378. 

§  1491. 

Citations.      App.   13/378. 

§  1492. 

Citations.      Cal.   155/463.      App.   19/526. 

§  1493. 

Citations.      App.   11/245;    18/589;    19/526. 

§  1494. 

Citations.     App.   11/245;    19/526. 

§  1495. 

Citations.   App.  11/245;  18/589;  19/526. 

§  1498. 

Citations.      Cal.   156/106. 

§  1500, 

Citations.      Cal.   162/278;   164/399,   619.      App.    19/393.  395. 

§  1501. 

CiUtions.      App.   14/525;    18/323. 

§  1503. 

Citations.     App.  16/187. 

§  1504. 

Citations.      Cal.    162/378.      App,    14/341. 


§§  1511-1569  CIVIL  CODE.  166 

§  1511. 

Citations.   Cal.  157/696;  160/660;   (subd.  1)   160/660.  App.  15/659; 
(subd.  3)  9/520. 

§  1512. 

ClUtions.   Cal.  157/696;  163/205.   App.  11/781;  15/530. 

§  1515. 

Cltatlonj.     Cal.    (gubd.    1)    160/660.     App.   13/376,    377. 

§   1521. 

Ciutloni.     App.  17/500. 

§  1523. 

Citations.     App.   11/716;    17/500, 

§  1524. 

ClUtions.   Cal.  163/647.   App.  11/716. 

§  1530. 

Citations.      App.    13/288;   17/83. 

§   1531. 

ClUtions.      App.   16/412;    (tnbd.  2}    18/480. 

§  1532. 

ClUtions.      App.    17/83. 

§  1549. 

ClUtions.      Cal.   158/348. 

§  1550. 

ClUtions.      Cal.    158/348;   163/314.      App.   9/669, 

§  1559. 

Citations.   Cal.  155/369;  160/315;  161/258.  260;  164/358.  App.  9/101; 
11/459;  15/530;  18/516. 

§  1565. 

Citations.      App.    12/574;   14/156. 

§  1567. 

Citations.      Cal.    164/186.      App.    12/574,  575. 

§  1568. 

ClUtions.   Cal.  159/147;  lCO/639.   App.  9/633;  12/575. 

§  1569. 

CiUtions.   Cal.  lCO/639.  App.  10/759;  15/479. 


1G7  CIVIL  CODE.  §§  1570-1605 

§  1570. 

Citations.      Cal.    lGO/639.      App.    10/759;    15/479. 

§  1572. 

Citations.   Cal.  161/366;  (subd.  2)  163/80;  (subd.  4)  156/194.   App.  8/ 
412;  9/633;  10/698;  14/156;  15/567;  18/534;  19/435. 

§  1573. 

Citations.      App.   19/435;    (subd.  1)   8/401. 

§  1574. 

Citations.      App.   19/435. 

§  1575. 

Citations.     App.   19/387. 

§   1577. 

Citations.      Cal.   159/146,    151.      App.    (subd.  2)    19/8. 

§  1578. 

Citations.      Cal.   159/146;    (subd.  2)   164/418. 

§  1582. 

Citations.     Cal.   161/462.     App.   11/491. 

§  1583. 

Citations.      Cal.  161/462.     App.   11/491. 

§  1585. 

Citations.      Cal.   155/46;  161/367,  462. 

§  1586. 

Citations.     Cal.   161/462. 

§  1587. 

Citations.      Cal.   161/462.     App.   (subd.  2)   10/750. 

§  1588. 

Citations.      App.   14/465. 

§  1589. 

Citations.      Cal.   161/473.      App.   12/266;   16/560;   19/26. 

§  1598. 

Citations.      Cal.   163/314,   315. 

§  1605. 

Citations.      Cal.   159/138;    161/511;    163/153. 


§§  161^1645  CIVIL  CODE.  168 

§  1G14. 

Citationi.  Cal.  162/419,  421;  164/388.  App.  10/772;  16/569,  769;  18/ 
253;  19/307,  379. 

§  1615. 

Citations.   Cal.  162/419.   App.  10/772;  16/569;  18/253;  19/307.  379. 

§  1621. 

Citations.      App.  8/40. 

§  1624. 

Citations.  Cal.  156/247;  161/67,  315;  162/431.;  164/588;  (subd.  1)  155/ 
406;  (subd.  2)  159/138;  161/315:  (subd.  4)  164/250.  App.  8  379.  493;  9/ 
373,  454;  12/544;  14/176.  735.  737;  17/537;  19/314.  531.  533,  69?;  (subd 
1)  14/695;  (subd.  5)  9/90;  18/748;  (subd.  6)  8/379.  492;  9/M.  116.  373, 
374;  14/352;  15/194,  554;  16/529;  17/536,  538,  539;  18/348. 

§  1625. 

ClUtions.   Cal.  161/315,  316;  164/186.   App.  10/429;  13/343;  16/207. 

§  1626. 

•      Citations.      Cal.   160/606.      App.    12/789. 

§  1627. 

Citations.      Cal.    160/606. 

§   1636. 

Citations.      Cal.    15r)/681.      App.   9/673;   16/70,  316. 

§  1638. 

ClUtions.   Cal.  162/547.   App  9/88,  663;  16/370;  18/158. 

§  1639. 

Citations.     App.  9/663;   18/156. 

§  1641. 

ClUtions.  Oal.  155/680;  158/318;  162/547.  App.  9/88,  538;  16/10,  71, 
317;  lH/156;  19/137. 

§  1643. 

Citations.   Cal.  155/681;  158/318.   App.  10/34;  12/647. 

§  1644. 

CiUCions.      Cal.   155/681.      App.   0/88. 

§  1645. 

ClUtions.      Cal.    161/630;    163/97. 


169  cmL  CODE.  §§  1646-1668 

§  1646. 

citations.     App.   12/722;   16/318. 

§  1647. 

Citations.      Cal.   155/49,   681.      App.  9/663;    16/208;    18/156. 

§  1648. 

Citations.      Cal.   156/215.     App.   16/70. 

§  1649. 

Citations.     App.   16/70,    317;    18/157. 

§  1650. 

Citations.      Cal.    156/216;    162/547. 

§  1651. 

Citations.      App.   18/157. 

§  1652. 

Citations.      Cal.   156/522.      App.   16/70,    71. 

§  1653. 

Citations.     Cal.   156/216. 

§  1654. 

Citations.   Cal.  158/154;  163/97,  315.  App.  10/87,  723;  16/70;  19/138. 

§  1655. 

Citations.     App.   19/444. 

§  1656. 

Citations.      Cal.   163/97.      App.   19/444. 

§  1657. 

Citations.   Cal.  157/434;  160/657.  App.  10/753,  754;  11/267. 

§  1659. 

Citations.     App.   19/450. 

§  1661. 

Citations.     App.   13/291;    19/34,   35. 

§  1667. 

Citations.      Cal.   163/314,    315;    (subd.   2)    164/362.     App.   9/332. 

§  1668. 

Citations.      Cal.   160/638;    163/314. 


§§  1670-1721  CIVIL  CODE.  170 

§  1670. 

Citations.      Cal.    162/752.      App.    11/350. 

§  1671. 

Citations.      Cal.    162/752;    164/723.      App.    11/350. 

§   1673. 

Citations.      Cal.    156/615;    160/608.      App.    18/300. 

§   1674. 

Citations.      Cal.    156/615.      App.    16/328;   18/300. 

§  1675. 

Citations.      Cal.   156/615.      App.   18/300,  301. 

§   1682. 

Citations.      App.    16/412. 

§   1688. 

Citations.      Cal.    161/7. 

§   1689. 

Citations.  Cal.  161/2;  163/260;  fmbd  1)  l."i9M4«:  («nM  2>  l«l/6fi4; 
(Bubd.  4)  161/664.  666.  App.  9/139.  633;  11/656;  12/272.  273;  17/701; 
19/8,  681;  (subd.  4)  9/639;  (subd.  5)  11/72. 

§  1691. 

Citations.  Cal.  156/194.  767;  159/151;  16.'</260;  (subd.  1)  1.10  152,  153, 
(subd.  2)  161/663.   App.  15/416;  19/421,  631,  63S. 

§    1698. 

Citations.  Cal  159/137,  140;  lfll/.115,  316;  164/9.  App.  10/733,  755; 
11    77,    293;    12/684;    15/194,    661;    19/34. 

§  1699. 

ClUtlons.      App.    17/474. 

§  1708. 

Citations.      Cal.    164/347. 

§  1709. 

Citations.      Cal.    164/347.      App.   10/69S. 

§   1714. 

ClUtions.      App.   18/358;    19/576. 

§   1721. 

Citations.      App.   9/89;    13/130. 


171  CIVIL  CODE.  §§  1727-1784 

§  1727. 

Citations.      App.   9/89. 

§   1729. 

Citations.      App.    16/669. 

§   1741. 

Citations.      Cal.   156/247.      App.  9/87,  90;   12/274. 

§   1753. 

Citations.     App.   10/751. 

§   1754. 

CiUtlons.      App.    10/751. 

§  1763. 

Citations.      App.   16/205;    19/630. 

§  1764. 

Citations.      App.    16/205;   17/531. 

§  1765. 

Citations.     App.  16/205. 

§  1766. 

Citations.      App.    16/205. 

§  1767. 

Citations.     Cal.  158/61. 

§  1768. 

Citations.      App.   17/531;   18/384. 

§  1770. 

Citations.      Cal.   160/215.      App.   16/205;    18/385. 

§  1771. 

Citations.      App.   17/531. 

§  1776. 

Citations.     App.   16/325. 

§  1778. 

Citations.      App.   18/385. 

§  1784. 

Citations.     App.  17/253. 


§§  1786-1933  crv'iL  code.  172 

§  1786. 

citations.      App.   16/205;    18/588, 

§   1793. 

Citations.      App.   9/471;   10/722. 

§   1794. 

Citations.      App.   9/471. 

§  1798. 

Citations.     App.   10/722. 

§   1856. 

Citations.     App.  9/401. 

§   1857. 

CiUtions.      App.   9/401. 

§    1858b. 

ClUtlons.      C»l.   163/5.^8.  560. 

§   1858d. 

ClUtlons.      C»l.    163/558.  560. 

§   1914. 

Citations.      Cal.    163/642. 

§  1917. 

Citations.   Cal.  164/685.   App.  16/615;  17/220,  768;  18/48i. 

§  1918. 

Citations.      App.    15/435. 

§  1920. 

CiUtions.      App.    15/435. 

§  1926. 

ClUtlons.     App.   8/102. 

§  1927. 

ClUtlons.   App.  12/438;  15/76,  77. 

§  1932. 

Citations.     App.   8/102. 

§  1933. 

Citations.     Cal.   159/267. 


m  CIVIL  CODE  §§  1935  2102 

§  1935. 

Citations.      Cal.    159/721. 

§  1942. 

Citations.     Cal.   162/GlO. 

§   1945. 

Citations.     App.   10/96. 

§  1946. 

Citations.      Cal.   162/57. 

§  1948. 

Citations.      Cal.    157/293. 

§  1955. 

Citations.      App.   17/726. 

§  1956. 

Citations.      App.   17/726. 

§  1970. 

Citations.  Cal.  l.'>6/493,  494;  157/355;  158/2«4,  286.  287.  362,  36T.  364, 
365;  loO/53;  161/432;  162/78;  163/395;  164/191.  192,  194,  196,  567.  firtO, 
570,  572,  573.  App.  9/607;  12/248,  250;  16/52,  250,  253,  514;  18/524; 
19/645. 

§  1971. 

Citations.     App.  9/567,  570,  607. 

§  1996. 

Citations.      Cal.   156/340. 

§  2000. 

Citations.      App.  15/660. 

§  2009. 

Citations.      Cal.   162/133;  163/121. 

§  2096. 

Citations.      Cal.   159/602,  603. 

§  2100. 

Citations.      Cal.   159/602.      App.   12/641;   14/196. 

§  2102. 

Citotions.      Cal.   157/603. 


§§2120-2194  CIVIL  CODE.  174 

§  2120. 

Citations.      App.    14/793,   794. 

§  2121. 

Citations.      App.    14/794;    15/750. 

§  2162. 

Citations.      Cal.    163/314. 

§  2168. 

Citations.      Cal.    159/773,  777.      App    14/197. 

§  2169. 

Citations.      Cal.    159/777. 

§  2173. 

Citations.      C»1.    159/777. 

§  2174. 

Citations.      App.    14/197,   793. 

§   2175. 

ClUtlons.      Cal.    1^59    773.    774,    773.    777       App.    14/197. 

Baggage   to   be   carried   by   common   carriers. 

§  2181.  Luggage  may  I'onsist  of  whatever  the  passenger  takes  with 
him  for  his  personal  uso  and  convenienoe,  according  to  the  habits  or 
wants  of  the  particular  class  to  which  he  belongs,  either  with  reference 
to  the  im]tortant  necessities  or  to  the  ultimate  purposes  of  his  jonriicv. 
Luggage  within  the  meaning  of  tliis  section  shall  include  the  saiuplcs, 
case,  wares,  appliances  and  catalogues  of  commercial  travelers  or  their 
employers,  used  by  them  for  the  purpose  of  transacting  their  business 
and  carried  with  them  solely  for  that  purpose,  when  securely  packed  and 
locked  in  substantial  trunks  or  sample  cases  of  convenient  shape  and 
weight  for  handling.  No  crate  cover  or  other  protection  shall  be  re- 
quired for  any  bicycle  carried  as  luggage,  but  no  passenger  shall  be 
entitled  to  carry  as  luggage  more  than  one  bicvde.  [Amendment  ap- 
proved April  5,  "1911;  Stats.   1911,  p.  t)38.J 

§  2184. 

Citations.      Cal.    157/603. 

§  2185. 

CiUtions.      Cal.    157/603. 

§  2194. 

Citations.      App.    10/198.   202. 


175  CIVIL  CODE.  §§  2200-2251 

§  2200. 

CiUtions.      App.    17/442,   443. 

§  2201. 

Citations.      Cal.    155/747. 

§  2217. 

Citations.      Cal.   161/66.      App.    12/629. 

§  2219. 

Citations.      App.    11/719;    12X629;    19/434,   433,  436. 

§  2220. 

Citations.     App.   11/719. 

§  2221. 

Citations.   Cal.  158/482;  161/69.   App.  11/719;  14/86;  15/488,  493;  17/ 
169;  19/705. 

§  2222. 

Citations.   Cal.  158/482.   App.  14/86;  15/488;  17/169;  19/703, 

§  2223. 

Citations.      App.    12/629. 

§  2224. 

Citations.   Cal.  160/549;  161/66,  67;  163/649.   App.  8/401;  9/466;  12/629. 

§  2228. 

Citations.      App.   11/177;   12/629. 

§  2230. 

Citations.     App.   11/177. 

§  2234. 

Citations.      App.   16/426. 

§  2235. 

Citations.      Cal.  156/524.      App.   12/629. 

§  2237. 

Citations.      App.   9/466,  467. 

§  2243. 

Citations.      Cal.   163/806.      App.   9/467;    12/630. 

§  2251. 

Citations.     App.  11/540. 


;§  2253-2309 

§  2253. 

Citations.     App.   16/667. 

§  2254. 

Citations.      App.    17/169. 


CIVIL   CODE, 


176 


§  2258. 
Citationa. 


App.    17/170,   667. 


§  2267. 

Citations.      App.    17/667. 

§  2274. 

Citations.     App.   8/758,   759,   760. 


§  2280. 
Citations. 


App.    14/86:    15/498. 


Appointment  of  trustee  by  court  to  fill  vacancy. 

§  2287.  The  siijicrior  court  must  apimiiit  a  trustee  whenever  there 
is  a  vaeancy,  and  the  declaration  of  trust  doe^  nut  provide  a  practi  i! 
method  of  appointment.  In  all  cases  of  api)ointn>ent  of  any  tru>ti'<' 
or  trustees  by  any  court,  if  the  cestui  que  trustent,  or  any  one  of  tLon 
are  of  tlie  age  of  fourteen  years,  they,  or  the  one  or  more  of  them  uf 
the  a^e  of  fourteen  years,  may  make  nomination  to  the  court,  and  unless 
such  nominee  or  nominees  are  incompetent,  upon  one  or  more  of  the 
grounds  of  incompetency  specified  in  section  135U  of  the  Code  of  Civil 
I'roicdure  of  California,  to  discharge  the  duties  of  trustee,  the  court 
must  appoint  such  nominee,  or  nominees,  as  trustee,  or  trustees  as  the 
case  may  be.  [Amendnicnt  approved  June  5,  1^13;  Stats.  li)13,  p.  3'Jj. 
In  effect  .\ugust  10,  1913.] 

Alsd  iini.nded  February  25,   1911;   Sl«ls.   1911,   p.   79. 

CiUtions.      Cal.    158/394. 

§  2289. 

CiUtlona.     Cal.  158/394. 

§  2292. 

Citations.     App.  8/175. 

§  2300. 

Citations.      App.    10/153;   13/340;   17/217. 

§  2307. 

Citations.      Cal.    160,  267. 

§  2309. 

Citations.      Cal.    156/788,    791.      App.    18/743. 


177  CIVIL  CODE.  §§  2310  2-136 

§  2310. 

Citations.     App.   19/26. 

§  2317. 

Citations.      Cal.    164/245.      App.    10/153;    13/340. 

§  2319. 

Citations.      App.  8/249. 

§  2332. 

Citations.     Cul.   156/306. 

§  2334.  • 

Citatlous.     Cal.   164/245. 

§  2338. 

Citations.     Cal.   1C3/39. 

§  2356. 

Citations.      App.   10/558,  559;  18/216;   19/513,  672. 

§  2395. 

Citiitious.      App.   11/769;   13/730. 

§  2397. 

Citations.      App.   11/769. 

§  2403. 

Citations.      App.   13/393. 

§  2404. 

Citations.      App.   13/730. 

§  2405. 

Citations.     App.  9/295,  297. 

§  2410. 

CiUtlons.   Cal.  157/37;  163/433. 

§  2411. 

Citations.      Cal.   157/37;    1G3/433. 

§  2429. 

Citations.      Cal.   156/306. 

§  2436. 

Citations.      Cal.   163/433. 
12 


§§  2437-2468  civil  code.  178 

§  2437. 

Citations.     Cal.   163/433. 

§  2438. 

Citations.     Cal.   163/433. 

§  2440. 

Citations.      App.    19/150. 

Fictitious  names  to  be  registered  with  county  clerk. 

§  2466.  Except  as  otherwise  proviiled  in  the  next  section  every  per- 
son transacting  business  in  this  state  under  a  fictitious  name  and 
evary  partnership  transacting  business  in  this  state  under  a  fictitious 
name,  or  a  designation  not  showing  the  names  of  the  persons  interested 
as  partners  in  such  business,  must  file  with  the  clerk  of  the  county  in 
wliich  his  or  its  principal  place  of  business  is  situated,  a  certificate, 
stating  the  name  in  full  and  the  place  of  residence  of  such  person  and 
stating  the  names  in  full  of  all  the  members  of  such  partnership  and 
their  i)la<os  of  residence.  8uch  certificate  must  be  published  once  a 
week  for  four  successive  weeks,  in  a  newspaper  published  in  the  county, 
if  there  be  one,  and  if  there  be  none  in  such  county,  then  in  a  news- 
pa})cr  in  an  adjoining  countv.  [Amendment  approved  March  23,  11*11; 
Stats.   1911,   p.  '440.] 

Citations.      Cal.   158/577.      App.    19/586. 

Certificates  of  partnership,   execution,  filing,   etc. 

§  2468.  The  certificate  tiled  with  the  ilerk  as  provided  in  section 
24(iG  must  be  signed  by  the  person  therein  referred  to,  or  by  the 
partners,  as  the  case  may  be,  and  acknowledged  before  some  offic«>r, 
authorized  to  take  the  acknowledgment  of  conveyance  of  real  property. 
Where  a  business  is  hereafter  commenced  by  a  person  under  a  fictitiou-i 
name  or  a  jiartnership  is  hereafter  formed,  the  certificate  must  be  filii 
and  the.  publication  designated  in  that  section  must  be  made  witirii 
one  month  after  the  commencement  of  such  business,  or  after  flic 
formation  of  the  |)artnership,  or  within  one  month  from  the  time  desig- 
nated in  the  agreement  of  its  members  for  the  commencement  of  the 
partnership.  Wliere  the  business  has  been  heretofore  conducted  under 
a  fictitious  name  or  where  the  partnership  has  been  heretofore  formed, 
the  certificate  must  be  filed  and  the  publication  made  within  six  months 
after  the  passage  of  this  act.  No  person  doing  business  under  a  fictitious 
name,  or  his  assignee  or  assignees,  nor  any  persons  doing  business  as 
partners  contrary  to  the  provisions  of  this  article,  or  their  assignee  or 
assignees,  shall  maintain  any  action  upon  or  on  account  of  any  contract 
or  contracts  made,  or  transactions  had,  under  such  fictitious  name,  or 
in  their  partnership  name,  in  any  court  of  this  state  until  the  certificate 
has  been  filed  and  the  publication  has  been  made  as  herein  feuuired. 
[.\mondinont  approved  March  23,  1911;  Stats.  1911,  p.  441.],,^, 
Citation*.      Cal.   158,  577. 


179 


CIVIL    CODE. 


§§  2470-2633a 


Register  of  firms. 

§  2470.  Every  county  clerk  must  keep  a  register  of  the  names  of 
firms  and  persons  mentioned  in  the  certificates  filed  with  him  pursuant 
to  this  article,  entering  in  alphabetical  order  the  name  of  every  such 
person  who  does  business  under  a  fictitious  name,  and  the  fictitious 
name,  and  the  name  of  every  such  partnership,  and  of  each  partner 
therein,     [.\mendment  approved  March  23,  1911;  Stats.  1911,  p.  440.] 


§  2471. 
Citations. 


Cal.    155/526. 


§  2511. 

Citations.     App.   17/77, 

§  2527. 

Citations.      Cal.   155/524. 

§  2550. 

Citations.     Cal.   155/524. 

§  2551. 

Citations.      Cal.   155/524. 


§  2558. 
Citations. 

§  2596. 
Citations. 

§  2611. 

Citations. 

§  2616. 

Citations. 

§  2618. 

Citations. 

§  2619. 

Citations. 

§  2626. 

Citations. 

§  2628. 
Citations. 


Cal.  155/524. 
Cal.  155/525. 
Cal.  158/764. 
App.  14/222. 
App.  14/222. 
App.  14/222. 
Cal.   158/372, 


373. 


Cal.    158/372,   373. 


Time  for  giving  notice  of  accident,  etc. 

§  2633a.     No   conditions,  stipulations  or  agreements  contained  in  any 
application   for   insurance   in   any   foreign   or   domestic   casualty  or  acci- 


§§  2778-2854  civil  code.  180 

dent  insurance  company,  or  contained  in  any  policy  issued  by  any  such 
company,  or  in  any  way  made  by  any  such  company,  limiting  the  time 
within  which  notice  of  the  accident  or  injury,  or  death,  shall  be  given 
to  such  company  to  a  period  of  Jess  than  twenty  days  after  the  hap- 
pening of  the  accident,  or  injury,  or  death,  shall  be  valid.  Said  notice 
may  be  given  to  the  company  insuring,  at  any  time  witliin  twenty  days 
after  the  happening  of  the  accident,  or  injury,  or  death  and  shall  be 
valid  and  binding  on  the  companv.  [New  section  approved  June  6, 
1913;   Stats,  1913,  p.  677.     In  effect  August  10,  1913.] 

§  2778. 

CltatlouB.      Cal.    155/418. 

S  2794. 

Cltatloni.      Cal.    159/138.      App.    (iubd.  3)    12/678. 

§  2800. 

Citations.      Cal.    164/342. 

§  2806. 

Cltatloni.      Cal.    164/342. 

§  2809. 

Citations.      Cal.    164/840. 

§  2819. 

Citations.      Cal.    16J/187.      App.   9/497;    18/280;    19/32. 

§  2820. 

Citations.      App.    19/32. 

§  2823. 

Citations.      App.    11/398;    19/32. 

§  2832. 

Citations.      App.    11/398;  16/636. 

§  2844. 

ClUtlons.      Cat.    162/187.      App.    11/398. 

§  2846. 

ClUtlons.      Cal. '155/370. 

§  2850. 

Citations.      Cal.    161/290. 

§  2854. 

Citations.      Cal.    161/258,  259,  260. 


181  CIVIL  CODE.  §§  2872-29391/2 

§  2872. 

CiUtlons.   Cal.  155/213,  272.   App.  14/388;  19/514. 

§  2884. 

CiUtlons.   Cal.  157/217;  162/303.   App.  15/712. 

§  2888. 

Citations.   Cal.  157/403,  404;  164/172.   App.  9/187;  14/301. 

§  2889. 

Citations.      Cal.   164/172.      App.   11/395,  396. 

§  2899. 

Citations.      Cal.   155/234. 

§  2903. 

Citations.     App.   16/401. 

§  2909. 

Citations.      Cal.   162/303.      App.   8/512. 

[j  §  2911. 

Citations.      Cal.   156/51;    157/200,    239.      App.  9/184;    17/588;    19/518,    514, 
515. 

§  2913. 

Citations.     App.   9/184,  187. 

§  2920. 

Citations.     Cal.   157/217. 

§  2922. 

Citations.     Cal.   156/52. 

§  2924. 

Citations.      Cal.   164/257. 

§  2932. 

Citations.     App.   19/514. 

§  2934. 

Citations.      App.   18/453,  454. 

§  2937. 

Citations.     App.  9/169. 

Satisfying  mortgages  by  foreign  executors. 

§  2939V'2'     Foreign   executors,   administrators   and   guardians   may   sat- 
isfy mortgages  upon  the  records  of  any  county  in  this  state,  upon  pro- 


§§2952-3003  civil  code.  182 

ducing  and  recording  in  the  office  of  the  county  recorder  of  the  county 
in  which  such  mortgage  is  recorded,  a  duly  certified  and  authenticated 
copy  of  their  letters  testamentary,  or  of  administration  or  of  guardian- 
ship, and  which  certificate  or  authentication  shall  also  recite  that  said 
letters  have  not  been  revoked.  [Amendment  approved  May  19,  1913; 
Stats.  1913,  p.  216.     In  efifect  August  10,   1913.] 

§  2952. 

Citations.      App.   9/169. 

§  2955. 

Citations.   Gal.  158/239.  240;  (subd.  8)  158/241,  242;  (suMs.  20.  21)  158/ 
240,  241,  242;  (subd.  22)  158/241.  242.   App.  15/734;  18/529,  530. 


App.  16/456;  18/529,  530,  64S. 


S  2957. 

Citations. 

Cal. 

157/576; 

158/240.      App.    1€ 

§  2958. 

Citations. 

Cal. 

157/217. 

§  2959. 

Citations. 

App 

18/529. 

§   2963. 

Citations. 

App 

18/646. 

648. 

§  2967. 

Citations. 

Cnl. 

156/463. 

§  2968. 

Citations. 

C.I. 

156/464. 

§  2969. 

Citations. 

Cal. 

156/462, 

463.  464. 

§  2973. 

Citations. 

Cal. 

158/2.19. 

■J40.      App,    18/529 

§   2988. 

Citations. 

App 

9/184. 

§   3000. 

Citations. 

Cnl. 

158/304. 

App.    11/396. 

§  3002. 

Citations. 

App 

9    401. 

§  3003. 

Citations. 

App 

9    401. 

183 


CIVIL    CODE. 


§§  3005-3051 


§  3006. 

OlUtloni.      Oal.   158/304. 

S  3006. 

Citations.   Cal.  158/434.   App.  9/190;  11/396;  17/698. 

§  3008. 

Cltatiom.      Cal.    157/403. 

§  3011. 

Cltatiom.      App.   9/401;  11/396. 

§  3046. 

Citations.  Cal.  155/479;  156/594;  157/746;  161/237.  App.  14/744;  16/ 
400.  402. 

§  3047. 

Citations.     Cal.   155/479. 

§  3048. 

Citations.     Cal.   156/594. 

§  3049. 

Citations.      App.   13/312;    16/187. 

Lien  on  personal  property  for  services  thereon. 

§  3051.  Every  person  who,  while  lawfully  in  possession  of  an  article 
of  personal  property  renders  any  service  to  the  owner  thereof,  by  labor 
or  skill,  employed  for  the  protection,  improvement,  safekeeping,  or 
carriage  thereof,  has  a  special  lien  thereon,  dependent  on  possession, 
for  the  compensation,  if  any,  which  is  due  to  him  from  the  owner  for 
such  service;  a  person  who  makes,  alters,  or  repairs  any  article  of  per- 
sonal property,  at  the  request  of  the  owner,  or  legal  possessor  of  the 
property,  has  a  lien  on  the  same  for  his  reasonable  charges  for  the 
balance  due  for  such  work  done  and  materials  furnished,  and  may  retain 
possession  of  the  same  until  the  charges  are  paid;  and  livery  or  boarding 
or  feed  stable  proprietors,  and  persons  pasturing  horses  or  stock,  have 
a  lien,  dependent  on  possession,  for  their  compensation  in  earing  for, 
boarding,  feeding,  or  pasturing  such  horses  or  stock;  and  laundry  pro- 
prietors and  persons  conducting  a  laundry  business,  have  a  general 
lien,  dependent  on  possession,  upon  all  personal  property  in  their  bands 
belonging  to  a  customer,  for  the  balance  due  them  from  such  customer 
for  laundry  work;  and  veterinary  proprietors  and  veterinary  surgeons 
shall  have  a  lien,  dependent  on  possession,  for  their  compensation  in 
caring  for,  boarding,  feeding,  and  medical  treatment  of  animals;  and 
keepers  of  garages  for  automobiles  shall  have  a  lien,  dependent  on  pos- 


§§  3052-3131  CIVIL  CODE.  184 

Bession,  for  their  compensation  in  caring  for  and  safekeeping  sTjrh  auto- 
mobiles.     [Amendment  approved  April  12,  1911;  Stats.  1911,  p.  887.] 
Citations.      App.    19/284. 

§  3052. 

Citation*.      App.    16/187. 

§  3055. 

Citations.      Gal.    159/745,  746. 

§  3060. 

Citations.      Cal.    159/745,  746. 

§  3061. 

Citations.      App.   10/474. 

§   3087. 

Citations.      App.    19/505. 

§  3088. 

Citations.      Cal.    \:^^/22^.      App.    19/505. 

§  3090. 

Citations.      App.   19/505. 

§   3093. 

Citations.      Cal.    163/492.      App.    19/&05. 

§  3100. 

Citations.      App.   13/596. 

§   3108. 

Citations.      Cal.    163/489. 

§  3116. 

Citations.   App  11/291;  14/775;  15/172. 

§  3117. 

Citations.      Cal.    163/489. 

§  3125. 

CiUtlons.      App.    14/180. 

§  3130. 

Citations.      Cal.    1G4/C16,   611,   619,   620. 

§   3131. 

Citations.      App.   15/173. 


185  CIVIL  CODE.  §§  3137-3275 

§  3137. 

CitatloM.      Cal.    155/223.      App.   10/611. 

§  3141. 

Citationi.     App.   15/172. 

§  3143. 

Citations.     App.   15/173. 

§  3148. 

Citations.     App.   15/172. 

§  3149. 

Citations.     App.  17/307. 

§  3155. 

Citations.     App.   14/775. 

.     §  3177. 

Citations.     App.   14/400,  776. 

§  3193. 

Citations.     App.  16/298. 

§  3195. 

Citations.      App.   14/179. 

§  3213. 

CiUtions.     App.   14/775,  776. 

§  3220. 

Citations.     App.  14/776. 

§  3254. 

Citations.     App.   14/775;  15/350. 

§  3255. 

Citations.     App.   14/400,  401,   776;   15/350. 

§  3268. 

Citations.     Cal.  161/194. 

§  3274. 

Citations.     Cal.  157/794. 

§  3275. 

Citations.      App.    16/247;   19/526. 


§  3281-3313  CIVIL  code.  186 

§  3281. 

Citations.      Cal.   160/251. 

§  3283. 

Citations.   Cal.  159/373,  374;  164/493.   App.  19/768. 

§  3287. 

Citations.   Cal.  162/320.   App.  8/273;  13/313;  16/615;  17/221;  18/484, 

486. 

§  3288. 

Citations.      App.   8/412. 

§  3294. 

Citations.   Cal.  157/506.  510;  lCO/161,  162.  178;  161/705;  163/276.   App. 
8/173;  9/406;  17/270.  271. 

§  3300. 

CiUtlons.   Cal.  155/532;  161/396;  162/605;  163/154;  104/13.   App.  8/«35; 
10/352;  12/42;  13/85,  603;  18/8.  10.  15. 

§  3301. 

Citations.      App.    10/350,  351;    13,003. 

§   3302. 

CiUtlons.   App.  11/6C3;  18/8,  9,  10,  14,  15.  19. 

§  3305. 

Citations.      Cal.    161/395. 

§  3306. 

CitaUons.   Cal.  156/372,  651;  161/466.   App.  10/310. 

§  3307. 

Cit-itlons.      Cal.    157/609.      App.    19/164. 

§  3308. 

Citations.      Cal.    158/230.  231,  271.      App.    8/635. 

§  3310. 

CiUtlons.   App.  16/186;  18/229;  19/308,  309. 

§  3311. 

Citations.   Cal.  155/45.   App.  8/635;  13/310,  312,  313;  18/229;  19/308 

§  3313. 

CiUtlons.   App.  8/408;  10/711;  11,300. 


187  CIVIL  CODE.  §§  3314-3388 

§  3314. 

Citatlona.     Cal.   159/390,  391.     App.   10/711. 

§  3333. 

Citations.   Cal.  155/532;  156/63,  588;  160/08,  155,  169,  251;  161/704. 
App.  11/151;  12/508;  18/8,  10,  15. 

§  3336. 

Citation!.      Cal.    101/704,  705.      App.  9/467;   13/342. 

§  3353. 

Citation!.     App.   11/641. 

§  3354. 

CiUtioni.     Cal.   158/271,  574. 

§  3356. 

CitatioBf.      Cal.    163/134. 

§  3357. 

Citation!.      Cal.    163/134.      App.    8/635;    13/312,   313. 

§  3358. 

Citation!.     Cal.   163/134.     App.   18/329. 

§  3360. 

Citations.     App.  8/635, 

§  3366. 

CitaUons.     Cal.   157/794. 

„      §  3368. 

11  Citations.      Cal.    157/794,  795. 

§  3380. 

CiUtiona.     App.   11/23,  24. 

§  3384. 

Citations.      App.   12/439. 

§  3386. 

CiUtions.   Cal.  156/247;  162/662.   App.  8/393;  12/437;  14/30;  18/310, 
321. 

§  3387. 

Citations.      Cal.   157/23. 

§  3388. 

Citations.      Cal.    156/251.      App.    10/152;    13/719. 


§§  3389-3422  civil  code.  188 

S  3389. 

Citations.      App.   16/325. 

§  3390. 

Cltotions.  Cal.  (subd.  4)  156/749.  App.  13/648;  (tnbd.  1)  9/214;  (gubd. 
6)   8/393;   13/457. 

§  3391. 

Citations.  Cal.  157/25;  160/97;  161/302.  464:  163/157.  19«;  (iubd  1) 
156/372.  App.  8/219,  354,  390:  9/643;  10  149,  151.  152,  310;  13/619;  14/ 
720;  (gubd.  1)  8/389;  10/152;  (aubd.  2)  8/391;  10/152. 

§  3392. 

Citations.     App.   14/30. 

§  3395. 

Citations.      Cal.   164/277. 

§  3399. 

Citations.      Cal.    164/48,  49,  50.      App.  9/507.  687. 

S  3401. 

CiUtlons.      Cal.    164/48,    49.      App.    9,*t)67. 

§  3402. 

Citations.      Cal.    164/48.      App.   9/667;    13/4S8. 

§  3406. 

CiUtlons.      Cal.    160/630;   164/687. 

§  3407. 

Citations.     Cal.   160/630. 

§  3408. 

CitaUons.      Cal.    160/630.      App.    19/561, 

§   3415. 

Citations.      App.    14/779. 

§  3420. 

Citations.      Cal.    157/794. 

§  3421. 

Citations.     Cal.   157/794. 

§  3422. 

Citations.      Cal.   167/794.      App     18/667- 


189  CIVIL  CODE.  §§  3423-3513 

§  3423. 

citations.     Cal.    (subd.  1)  161/573. 

§  3432. 

Citations.      App.   9/298. 

§  3439. 

Cltetions.      Cal.    157/576;     159/217;     162/23;     164/270,    272.      App.    16/382, 
487. 

§  3440. 

Citations.   Cal.  157/576,  577;  163/327.  App.  8/782;  11/379,  651,  652;  17/ 
372;  19/149,  150,  151,  153,  154. 

§  3441. 

Citations.      Cal.    164/270. 

§  3442. 

Citations.      Cal.    159/217;   163/327.      App.    12/621. 

§  3450. 

Citations.     Cal.   159/217. 

§  3463. 

Citations.     App.   18/648. 

§  3464. 

Citations.      App.   18/648. 

§  3466. 

Citations.      App.    18/647. 

§  3479. 

Citations.      Cal.   163/88.      App.   9/778. 

§  3493. 

Citations.     App.   9/778. 

§  3502. 

Citations.      App.   15/627,  632. 

§  3510. 

Citations.     Cal.   161/418. 

§  3512. 

Citations.     App.  9/520. 

§  3513. 

Citations.      Cal.   155/139.     App.   8/486. 


§§  3515-3543  civil  code.  190 

§  3515. 

Citations.     App.  9/520;  15/87. 

§  3516. 

Citation!.     App.   15/87. 

§  3517. 

Citation!.      App.   9/520. 

§  3519. 

Citation!.      App.    11/376;    18/216. 

§  3521. 

Citations.     App.   19/26. 

§  3522. 

Citations.      Cal.    160/513.      App.   9/620;    14/220. 

§  3523. 

Citations.     App.   18/14. 

§  3529. 

Citations.      App.    12/629;    19/444. 

§  3532. 

Citations.      App.    8/486;    10/571;    11/237. 

§  3533. 

CiUtions.   App.  12/53;  18/460. 

§  3540. 

Citations.      App.    19/160. 

§  3541. 

Citations.      Cal.    158/642.      App.    17/651. 

§  3542. 

Citations.      Cal.   158/642. 

§  3543. 

Citations.   Cal.  156/170;  159/793.  App.  9/121;  12/633;  18/452. 


THE 

PENAL  CODE 

OF   THE 

STATE  OF  (  ALIFORNIA. 

AMENDMENTS  OF  1911  AND  1913. 
§  4. 

Citations.      Cal.    161/275;   162/333.      App.   11/576. 

§  6. 

Citations.     Cal.   160/383. 

§7. 

Citations.  Cal.  160/158.  160;  (subd.  4)  160/158;  (subd.  7)  158/676,  678. 
App.  (subd.  1)  19/753;  (subd.  2)  15/370;  (subd.  4)  8/753;  9/49;  16/751; 
(subd.  6)  17/5'15. 

§  11. 

Citations.     Cal.   160/380,   383,   387. 

§  15. 

Citations.     App.  9/240;   11/359. 

§  16. 

Citations.     App.   11/359. 

§  17. 

Citations.     App.   11/359,   574;    12/488,   489. 

§  18. 

Citations.      Cal.   161/442.      App.   13/403. 

§  19. 

Citations.      App.   16/794;    18/169. 

§  20. 

Citations.      App.   9/221;   12/24,  529. 

§  21. 

Citations.     Cal.   161/559.     App.  12/24. 

(191) 


§§  22-114  PENAL    CODE.  192 

§  22. 

Citations.      Cal.   162/245.      App.    16/16. 

§  26. 

Cltatlonr   App.  12/775;  13/100.  102;  14/549;  19/303. 

§  27. 

Citations.      App.   9/250,   251. 

§   30. 

Citations.      App.   9/281. 

§  31. 

ClUtlons.      Cal.    155/174;   lfll/439,  440,  442,  443;   162/85,  8«.      App.   8/352; 
9/281;    10/174;   11/478;    12/686;   13/187;   17/280. 

§  32. 

Citations.      App.    16/360. 

§  72. 

Citations.      App.    9/675,   677,   678,   679. 

§  75. 

Citations.      Cal.   160/691. 

§  76. 

Citations.      Cal.    160/691. 

§  92. 

Citations.      App.    17/514. 

§  93. 

Citations.      Cal.    161 /44»,   449. 

§  94. 

ClUtlons.      Cal.   161/449. 

S   105. 

ClUtlons.      Cal.   155/175;    160/358.      App,   13/400,    401,   402,   40S. 

§  106. 

Citations.      App.    13/400,  401,  402,  403. 

§   113. 

Citations.      App.    14/227.   228.   232.   238,   239. 

§   114. 

ClUtlons.      App.    14/227,  228.   238,   239. 


193  PENAL    CODE.  §§  115-172 


§ 

115. 

Citations. 

App. 

12/241, 

§ 

118. 

Citations. 

App. 

9/679; 

§ 

121. 

Citations. 

App. 

13/461. 

§ 

126. 

Citations. 

Cal. 

161/442, 

§ 

127. 

Citations. 

Cal. 

161/442, 

§ 

137. 

Citations. 

Cal. 

161/442, 

§ 

154. 

Citations. 

App. 

17/371. 

242. 


Grand  juror  acting  after  challenge  has  been  allowed. 
§  164.     [Repealed  March  22,  1911;   Stats.   1911,  p.  434.] 

§  165. 

Citations.      Cal.   158/668,  673,   674,   675,  676;   161/436,  450. 

§  166. 

Citations.      Cal.   160/383. 

Taking  opium,  etc.,  into  jails. 

§  171a.  Any  person,  not  authorized  by  law,  who  brings  into  any  state 
prison,  town  or  county  jail,  or  city,  or  city  and  county  jail,  or  reform- 
atory in  this  state  or  within  the  grounds  belonging  or  adjacent  to  any 
such  institution,  any  opium,  morphine,  cocaine,  or  other  narcotic,  or  any 
intoxicating  liquor  of  any  kind  whatever,  or  any  firearms,  weapons,  or 
explosives  of  any  kind,  is  guilty  of  a  felony.  [Amendment  approved 
March  14,  1911;  Stats.  1911,  p.  364.] 

Selling  liquor  near  state  institutions. 

§  172.  Every  person  who,  within  half  a  mile  of  the  land  belonging 
to  this  state  upon  which  any  state  prison,  or  within  nineteen  hundred 
feet  of  the  land  belonging  to  this  state  upon  which  any  reformatory,  is 
situated,  or  within  one  mile  of  the  grounds  belonging  to  the  University 
of  California,  at  Berkeley,  or  within  three  miles  of  the  University  Farm 
at  Davis,  or  within  one  and  one-half  miles  of  the  lands  occupied  hj  any 
home,  retreat,  or  asylum  for  disabled  volunteer  soldiers  or  sailors,  estab- 
lished or  to  be  established  by  this  state,  or  by  the  United  States  within 
13 


§§  172a-240  pen.u.  code.  194 

this  state,  or  within  the  state  capitol,  or  within  the  limits  of  the  grounds 
adjacent  and  belonging  thereto,  sells,  gives  away,  or  exposes  for  sale, 
any  intoxicating,  vinous  or  alcoholic  liquors,  is  guiltv  of  a  misdemeanor. 
[Amendment  approved  March  23,  1911;  Stats.  191  i,  p.  452.  In  eflfect 
September  1,  1911.] 

§  172a. 

CiUtions.      Cal.    160/301. 

§   176. 

Citations.      App.    18/427,    429. 

§   182. 

ClUtioni.      Cal.    155/175.      App.    12/497. 

§   187. 

Citations.      Cal.    160/370;    162/93.      App.   8/615;   9/204. 

§   188. 

Citations.      Cal.    160/370;    lf.2'244.      App    9/203. 

§  189. 

CiUtions.   Cal.  162/93;  163/482.   App.  8/615;  9/205;  13/577. 

§  190. 

Citations.   Cal.  158/194.  195;  163/483.   App.  8/109;  11/45. 

§  192. 

Citations.      Cal.   162/93.      App.   R'f.is.    f.if.;    I3'.',l:    Unhd    2^    13/577. 

§  197. 

CitaUons.      App.   8/605;   13/103.  659;   18/346.   lfl/474;    (subd.  3)    13/352. 

§   198. 

Citations.      App.   8/605. 

§  211. 

Citations.     App.   13/356. 

§  220. 

Citations.      App.   9/316;   10/14;    18/356,  357. 

§  236. 

Citations.     App.  9,48. 

§  240. 

Citations.      App.    13/357. 


195  PENAL  CODE.  §§  241-263 

Punishment  of  assault. 

§  241.  An  assault  is  punishable  by  fine  not  exceeding  five  hundred 
dollars  or  by  imprisonment  in  the  county  .iail  not  exceeding  six  months, 
or  by  both.     [Amendment  approved  April  6,  1911;  Stats.  1911,  p.  687.] 

§  242. 

Citations.     Cal.   160/20.     App.   15/319. 

§  245. 

Citations.      Cal.    156/745.      App.    10/461,  462;  11/573. 

§  246. 

Citations.      Cal.  155/168,   169,   176;    156/736,   737,   738. 

§  248. 

Citations.      Cal.   160/154. 

§  250. 

Citations.     Cal.   160/155,    158. 

Rape  defined. 

§  261.  Rape  is  an  act  of  sexual  intercourse,  accomplished  Tvith  a 
female  not  the  wife  of  the  perpetrator,  under  either  of  the  following 
circumstances: 

1.  Where  the  female  is  under  the  age  of  eighteen  years; 

2.  Where  she  is  incapable,  through  lunacy  or  other  unsoundness  of 
mind,  whether  temporary  or  permanent,  of  giving  legal  consent; 

3.  Where  she  resists,  but  her  resistance  is  overcome  by  force  or  vio- 
lence; 

4.  Where  she  is  prevented  from  resisting  by  threats  of  great  and 
immediate  bodily  harm,  accompanied  by  apparent  power  of  execution,  or 
by  any  intoxicating  narcotic,  or  anesthetic,  substance,  administered  by 
or  with  the  privity  of  the  accused; 

5.  Where  she  is  at  the  time  unconscious  of  the  nature  of  the  act,  and 
this  is  known  to  the  accused; 

6.  Where  she  submits  under  the  belief  that  the  person  committing  the 
act  is  her  husband,  and  this  belief  is  induced  by  any  artifice,  pretense, 
or  concealment  practiced  bv  the  accused,  with  intent  to  induce  such 
belief.  [Amendment  approved  May  19,  1913;  Stats.  1913,  p.  212.  In 
effect  August  10,  1913.] 

Citations.      Cal.    (subd.    1)    160/539.      App.    9/133,    313;    10/14,    16;    17/520; 
19/293;    (subd.  3)   17/521;    (subd.  5)   17/522,  526. 

§  262. 

Citations.     App.   11/573. 

§  263. 

Citations.     App.   9/133. 


§§  264-269b  penal  code.  196 

Punishment  for  rape, 

§  264.  Kape  is  punishable  by  imprisonment  in  the  state  prison  not 
more  than  fifty  years,  except  where  the  ofiFense  is  under  subdivision  1 
of  section  261  of  the  Penal  Code  and  the  female  is  over  the  age  of 
sixteen  years  and  under  the  age  of  eighteen  years  in  which  case  the  pun- 
ishment shall  be  by  imprisonment  in  the  county  jail  for  not  more  than 
one  year  or  in  the  state  prison  for  not  more  than  fifty  years,  and  in  such 
case  the  jury  shall  determine  by  their  verdict  whether  the  punishment 
shall  be  by  imprisonment  in  the  rountv  jail  or  in  the  state  prison. 
[Amendment  approved  May  19,  1913;  Stats.  1913,  p.  213.  In  effect 
August  10,  1913.] 

§  266. 

Citations.      Cal.   160/770. 

§  266a. 

Citations.     Cal.   162/248,  249. 

§  266f. 

Citations.      Cal.    162/249. 

§  266g. 

Citations.      App.    14/336,   338;    17/153. 

§  267. 

Citations.      Cal.   160/769,   770,    772,   773.      App.    11/763;    16/30;    19/79. 

§  268. 

Citations.      App.    15/221;    18/173. 

§  269. 

Citations.      Cal.    162/83. 

Adultery. 

§  269a.  Every  person  who  lives  in  a  state  of  cohabitation  and  adul- 
tery  is  guilty  of  a  misdemeanor  and  punishable  by  a  fine  not  exceeding 
one  thousand  dollars,  or  by  imprisonment  in  the  county  jail  not  exceed- 
ing one  year,  or  bv  both.  [Amendment  approved  March  21,  1911;  Stats. 
1911,  p.  426. J 

Citations.      Cal.    162/82,   83,   84,   85,   86.      App.  8/350;   17/279;   19/360,   361, 
362. 

Adultery  of  married  persons. 

§  269b.  If  two  persons,  each  being  married  to  another,  live  together 
in  a  state  of  cohaVutation  and  adultery,  each  is  guilty  of  a  felony,  and 
punisliahle  by  imprisonmont  in  the  state  prison  not  exceeding  five  years. 
A  recorded  certificate  of  marriage  or  a  certified  copy  thereof,  there 
being  no   decree   of   divorce,    proves    the   marriage   of   a    person    for   the 


197  PENAL  CODE.  §§  27C«-273h 

purpose  of  this  action.     [Amendnieut  approved  March   21,   1911;   Stats. 
1911,  p.  426.] 

Citations.      Cal.   162/82,   83,   86. 

§  270. 

Citations.      Cal.   162/348;    1G4/505.      App.    19/110,    111,    482,    486,    487,    569, 
570,  571,  572,  573,  574. 

Fine  may  be  paid  to  wife  of  defendant. 

§  270d.  In  any  case  where  there  is  a  conviction  and  sentence  under 
the  provisions  of  either  section  270  or  section  270a,  of  this  code,  should 
a  fine  be  imposed,  such  fine  may  be  directed  by  the  court  to  be  paid  in 
whole  or  in  part  to  the  wife  of  the  defendant  or  guardian  or  custodian 
of  the  child  or  children  of  such  defendant.  [New  section  approved 
April  6,  1911;  Stats.  1911,  p.  6S7.] 

Citations.      App.    19/570,   571,   572,   573,   574. 

Proof  of  marriage,  etc.  Confidential  communications.  Proof  of  aban- 
donment. 
§  270e.  No  other  evidence  shall  be  required  to  prove  marriage  of 
husband  and  wife,  or  that  a  person  is  the  lawful  father  or  mother  of  a 
child  or  children,  than  is  or  shall  be  required  to  prove  such  facts  in  a 
civil  action.  In  all  prosecutions  under  either  section  270  or  270a  of 
this  code  any  existing  provisions  of  law  prohibiting  the  disclosure  of 
confidential  communications  between  husband  and  wife  shall  not  apply, 
and  both  husliand  and  wife  shall  be  competent  to  testify  to  any  and 
all  relevant  matters,  including  the  fact  of  marriage  and  the  parentage 
of  a  child  or  children.  Proof  of  the  abandonment  and  nonsupport  of 
a  wife,  or  of  the  omission  to  furnish  necessary  food,  clothing,  shelter,  or 
of  medical  attendance  for  a  child  or  children  is  prima  facie  evidence 
that  such  abandonment  and  nonsupport  or  omission  to  furnish  necessary 
food,  clothing,  shelter  or  medical  attendance  is  willful.  [New  section 
approved  April  6,  1911;  Stats.  1911,  p.  688.] 

Person  convicted  may  be  compelled  to  work  on  roads.  Payment  made 
to  wife,  etc. 
§  273h,  In  all  prosecutions  under  the  provisions  of  either  section  270 
or  section  270a,  or  section  270b,  or  section  271,  or  section  271a  of  this 
code  where  a  conviction  is  had  and  sentence  of  imprisonment  in  the 
county  jail  is  imposed,  the  court  may  direct  that  the  person  so  convicted 
shall  be  compelled  to  work  upon  the  public  roads  or  highways,  or  any 
other  public  work,  in  the  county  where  such  conviction  is  had,  during 
the  term  of  such  sentence.  And  it  shall  be  the  duty  of  the  board  of 
supervisors  of  the  county  where  such  conviction  and  sentence  are  had, 
and  where  such  work  is  performed  by  a  person  under  sentence  to  the 
county  jail,  to  allow  and  order  the  payment  out  of  any  fund  available 
to  the  wife,  or  to  the  guardian,  or  to  the  custodian  of  a  child  or  children, 
or   to   an   organization,   or   to   an   individual   appointed   by   the   court   as 


§§  274-308 


PENAL    CODE. 


198 


trustee,  at  the  end  of  each  calendar  month,  for  the  snnport  of  such  wife, 
child    or    fhil<lren,    a    sum    not    to    exceed    one    and    fifty    one-hnndredths 
dollars    for    earh    day's    work    of    such   person.     [New    soction   approved 
April  6,   1911;   Stats.   1911,  p.   688.] 
Citations.      App.   19/574. 

§  274. 

Citations.      C»l.  161/554.      App.   8/615;   15/197;   16/753. 

§  281. 

Citations.      App.   17/173,  174.   177. 

§  282. 

Citations.      App.   17/173;    (subd.   1)   17/174. 

§  288. 

Citations.      Cal.   164/148.      App.    8/742,    746;    9/239,    240;    13/300;    14/547; 
16/7'J2.   793;    17/376,   464,  679, 


§  292. 
Citations. 


App.   17/25. 


§  293. 

Citations.     App.   17/26, 

§  307. 

Citations.      App.   8/303;  9/77. 

Selling  tobacco  to  minors.     Dealers  to  post  copy  of  act. 

§  308.  Every  person,  firm  or  torjioration  which  sells  or  gives  or  in 
any  way  furnish'^s  to  another  person  who  is  in  fact  under  the  age  of 
eighteen  years  any  tobacco,  cigarette  or  cigarette  papers  or  any  other 
preparation  of  tobacco  is  guilty  of  a  mistlemeanor.  and  upon  conviction 
thereof  sliall  be  punished  for  the  first  otTense  by  a  fine  of  not  less  than 
twenty  five  dollars  nor  more  than  one  hundred  dollars,  or  by  imprisons 
iiient  for  not  more  than  sixty  days;  and  for  the  second  otTense  by  a  fin< 
of  not  less  than  fifty  dollars  nor  more  than  two  hundred  dollars,  or  bj 
imjirisonment  for  not  more  than  ninety  ilays;  and  for  each  subsequenl 
offense  by  a  fine  of  not  less  tlian  one  hundred  dollars  and  not  more  thai 
three  hundred  dollars,  or  by  imprisonment  for  not  less  than  ninety  day! 
nor  more  than   si.x   months,  or  by  both  such   fine  and   imprisonment. 

Every  person,  firm  or  corporation  which  sells,  or  deals  in  tobacco  01 
any  preparation  thereof,  shall,  within  ninety  days  after  this  act  become! 
eflfective,  post  conspicuously  and  keep  so  posted  in  his  or  their  place  of 
business  a  copy  of  this  act,  and  any  such  person  failing  to  do  so  shalj 
upon  conviction  be  punished  by  a  fine  of  five  dollars  for  the  first  offens* 
and  twenty-five  dollars  for  each  succeeding  violation  of  this  provisioi 
or  by  imprisonment   for  not   more  than   thirty  days. 


199  PENAL  CODE.  §§  316-330a 

The  secretary  of  state  is  hereby  authorized  to  have  printed  sufficient 
copies  of  this  act  to  enable  him  to  furnish  dealers  in  tobacco  with  copies 
thereof  upon  their  request  for  the  same.  [Amendment  approved  March 
24,  1911;  Stats.  1911,  p.  481.] 


§  316. 

Citations. 

App.   9/779. 

§  319. 

Citations. 

Cal.    160/766. 

§  320. 

Citations. 

Cal.    160/766. 

§  330. 

Citations.      Cal.   160/715.      App.   8/305. 

Gambling  by  use  of  slot  machines  prohibited.  Dice  liaviug  more  than 
six  faces. 
§  330a.  Every  person,  who  has  in  his  possession  or  under  his  control, 
either  as  owner,  lessee,  agent,  employee,  mortgagee,  or  otherwise,  or 
who  permits  to  be  placed,  maintained  or  kept,  in  any  room,  space,  in- 
closure  or  building  owned,  leased  or  occupied  by  him,  or  under  his  man- 
agement or  control,  any  slot  or  card  machine,  contrivance,  appliance  or 
mechanical  device,  upon  the  result  of  action  of  which  money  or  other 
valuable  thing  is  staked  or  hazarded,  and  which  is  operated,  or  played, 
by  placing  or  depositing  therein  any  coins,  checks,  slugs,  balls,  or  other 
articles  or  device,  or  in  any  other  manner  and  by  means  whereof,  or  as 
a  result  of  the  operation  of  which  any  merchandise,  money,  representa- 
tive or  articles  of  value,  checks,  or  tokens,  redeemable  in,  or  exchange- 
able for  money  or  any  other  thing  of  value,  is  won  or  lost,  or  taken 
from  or  obtained  from  such  machine,  when  the  result  of  action  or  oper- 
ation of  such  machine,  contrivance,  appliance,  or  mechanical  device  is 
dependent  upon  hazard  or  chance,  and  every  person,  who  has  in  his 
possession  or  under  his  control,  either  as  owner,  lessee,  agent,  employee, 
mortgagee,  or  otherwise,  or  who  permits  to  be  placed,  maintained  or 
kept,  in  any  room,  space,  inclosure  or  building,  owned,  leased  or  occu- 
pied by  him,  or  under  his  management  or  control,  anj^  card  dice,  or  any 
dice  having  more  than  six  faces  or  bases  each,  upon  the  result  of  action 
of  which  any  money  or  other  valuable  thing  is  staked  or  hazarded,  or 
as  a  result  of  the  operation  of  which  any  merchandise,  money,  repre- 
sentative or  article  of  value,  check  or  token,  redeemable  in  or  exchange- 
able for  money  or  any  other  thing  of  value,  is  won  or  lost  or  taken, 
when  the  result  of  action  or  operation  of  such  dice  is  dependent  upon 
hazard  or  chance,  is  guilty  of  a  misdemeanor,  and  shall  be  punishable 
by  a  fine  not  less  than  one  hundred  dollars  nor  more  than  five  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  not  exceeding  six  months, 


§§  332-337a  penal  code.  2UU 

or  by  both  suet  fine  and  imprisonment.     [New  section  approved   April 
21,  1911;   Stats.   1911,  p.  9-51.] 
Citations.      Cal.   160/765,  766. 

§  332. 

Citations.      App.   13/709. 

Pool-selling,  bookmaking,  bets  and  wagers. 
§  337a.     Every   person, 

1.  Wlio  rngapes  in  pool-selling  or  bookmaking,  with  or  without  writ- 
ing, at  any  time  or  place;  or 

2.  Who,  whether  for  gain,  hire,  reward,  or  gratuitously,  or  otherwise, 
keeps  or  occupies,  for  any  period  of  time  whatsoever,  any  room,  shed, 
tenement,  tent,  booth,  building,  float,  vessel,  place,  stand  or  inclosure. 
of  any  kind,  or  any  part  thereof,  with  a  book  or  books,  paper  or  papers, 
apparatus,  deviee  or  paraphernalia,  for  the  purpose  of  recording  or  reg- 
istering any  bet  or  bets,  or  any  purported  bet  or  bets,  or  wager  or 
wagers,  or  any  purported  wager  or  wagers,  or  of  selling  pools,  or  pur- 
fiorted  pools,  upon  the  result,  or  purjiorted  result,  of  .-uiy  trial,  or  pur- 
ported trial,  or  contest,  or  purported  contest,  of  skill,  speed  or  power 
of  enriiirance  of  man  or  beast,  or  between  men,  beasts,  or  inechariic.-il 
apjiaratus,  or  upon  the  result,  or  purported  result,  of  any  lot,  chance, 
casualty,    unknown    or   contingent    event    whatsoever;    or 

.3.  Who,  whether  for  gain,  hire,  reward,  or  gratuitously,  or  otherwise, 
receives,  holds,  or  forwards,  or  purports  or  pretends  to  receiTC,  hold, 
or  forward,  in  any  manner  wliatsoever,  any  money,  thing  or  consid«r- 
ation  of  value,  or  the  equivalent  or  memorandum  thereof,  staked,  pledged, 
bet  or  wagered,  or  to  be  staked,  pledged,  bet  or  wagered,  or  offered  for 
the  purpose  of  being  staked,  pledged,  bet  or  wagered,  upon  the  result,  or 
purported  result,  of  any  trial,  or  purported  trial,  or  contest,  or  purported 
contest,  of  skill,  speed  or  power  of  endurain-e  of  man  or  be.ust,  or  between 
men,  beasts,  or  meehanical  apparatus,  or  upon  the  result,  or  purported 
result,  of  any  lot,  chance,  casualty,  unknown  or  contingent  event  what- 
soever; or 

4.  Who.  whether  for  gain,  hire,  reward,  or  gratuitously,  or  otherwise, 
at  any  time  or  place,  reeords,  or  registers  any  bet  or  bets,  wager  or 
wagers,  upon  the  result,  or  j>urported  result,  of  any  trial,  or  purported 
trial,  or  contest,  or  purjtorted  contest,  of  skill,  speed  or  power  of  endur- 
ance of  man  or  beast,  or  between  men,  beasts,  or  mechanical  apparatus, 
or  upon  the  result,  or  purported  result,  of  any  lot,  chance,  casualty, 
unknown  or  contingent  event  whatsoever;   or 

5.  Who,  being  the  owner,  lessee  or  occupant  of  any  room,  shed,  tene- 
n'.ent,  tent,  booth,  building,  float,  vessel,  place,  stand,  inclosure  or 
grounds,  or  any  part  thereof,  whether  for  gain,  hire,  reward,  or  gratui- 
tously, or  otherwise,  permits  the  same  to  be  used  or  occupied  for  any 
purjiose,  or  in  any  manner  prohibited  by  subdivisions  1,  2,  3  or  4  of 
this  section;  or 


201  PENAL  CODE.  §§  348-367c 

6.  Who  lays,  makes,  offers  or  accepts  any  bet  or  bets,  or  wager  or 
■nagers,  upun  the  result,  or  purported  result,  of  any  trial,  or  purported 
trial,  or  contest,  or  purported  contest,  of  skill,  speed  or  power  of  endur- 
ance of  man  or  beast,  or  between  men,  beasts,  or  mechanical  apparatus. 

Is  punishable  by  imprisonment  in  the  county  jail  or  state  prison  for 
a  period  of  not  less  than  thirty  days  and  not  exceeding  one  year. 

This  section  shall  apply  not  only  to  persons  who  may  commit  any 
of  the  acts  designated  in  subdivisions  1  to  6  inclusive  of  this  section, 
as  a  business  or  occupation,  but  shall  also  apply  to  every  person  or 
persons  who  may  do  in  a  single  instance  any  one  of  the  acts  specified 
in  said  subdivisions  1  to  6  inclusive.  [Amendment  approved  January 
31,  1911;   Stats.  1911,  p.  4.] 

Citations.   Cal.  156/632;  157/474,  478,  480.   App.  11/570,  575,  576;  14/ 

10,  11.  • 

§  348. 

Citations.      App.  12/528,  529. 

§  349. 

Citations.      App.   12/508,  529. 

Misrepresenting  kind  of  labor  employed  in  producing  goods.  Penalty. 
§  349a.  Any  person  engaged  in  the  production,  manufacture,  or  sale 
of  any  article  of  merchandise  in  this  state,  who,  by  any  imprint,  label, 
trademark,  tag,  stamp,  or  other  inscription  or  device,  placed  or  im- 
pressed upon  such  article,  or  upon  the  cask,  box,  case,  or  package  con- 
taining the  same,  misrepresents  or  falsely  states  the  kind,  character, 
or  nature  of  the  labor  employed  or  used,  or  the  extent  of  the  labor  em- 
ployed or  used,  or  the  number  or  kind  of  persons  exclusively  employed 
or  used,  or  that  a  particular  or  distinctive  class  or  character  of  labor- 
ers was  wholly  and  exclusively  employed,  when  in  fact  another  class, 
or  character,  or  distinction  of  laborers  was  used  or  employed  either 
jointly  or  in  any  wise  supplementary  to  such  exclusive  class,  character, 
or  distinction  of  laborers,  in  the  production  or  manufacture  of  the  arti- 
cle to  which  such  imprint,  label,  trademark,  tag,  stamp,  or  other  inscrip- 
tion or  device  is  atiixed,  or  upon  the  cask,  box,  case  or  package,  con- 
taining the  same,  is  guilty  of  a  misdemeanor,  and  punishable  by  a  fine 
of  not  less  than  one  hundred  dollars  nor  more  than  five  hundred  dollars, 
or  by  imprisonment  in  the  county  jail  for  not  less  than  twenty  nor  more 
than  ninety  davs,  or  both.  [Amendment  approved  March  14,  1911; 
Stats.  1911,"  p.  357.] 

Ihity  of  drivers  in  veliicles  in  collision.     Penalty. 

^§  367c.  Whenever  an  automobile,  motorcycle,  or  other  motor  vehicle, 
or  any  vehicle  whatsoever,  regardless  of  the  power  by  which  the  same 
may  be  propelled  or  drawn,  strikes  any  person,  or  collides  with  any 
vehicle  containing  a  person,  the  driver  of,  and  all  persons  in,  such  auto- 


§§  367d-368a         penal  code.  202 

mobile,  motorf-ycle  or  other  motor  vehicle,  or  other  vehicle,  who  have 
or  assume  authority  over  such  driver,  shall  immediately  cause  such  auto- 
mobile, motorcycle,  or  other  motor  vehicle,  or  other  vehicle,  to  stop,  and 
shall  render  to  the  person  struck,  or  to  the  occupants  of  the  vehicle  col- 
lided with,  all  necessary  assistance  including  the  carrying  of  such  per- 
son or  occupant  to  a  physician  or  surgeon  for  medical  or  surgical 
treatment,  if  such  treatment  be  required,  or  if  such  carrying  is  re- 
quested by  the  person  struck  or  the  occupant  of  the  vehicle  struck; 
and  such  driver,  and  person  having  or  assuming  authority  over  such 
driver,  shall  further  give  to  the  occupants  of  such  vehicle  or  person 
struck,  the  number  of  such  automobile,  motorcycle,  or  other  motor  vehicle, 
if  the  same  have  a  number,  together  with  the  name  and  address  of 
the  driver  of  ^uch  automobile,  motorcycle  or  other  motor  vehicle,  or 
other  vehicle,  also  the  name  of  the  owner  thereof  and  the  name  of  the 
passenger;  or  passengers  not  exceeding  five  in  such  automobile,  motor- 
cycle, or  other  motor  vehicle,  or  other  vehicle  at  the  time  of  such 
striking  or  collision.  Any  person  violating  any  of  the  provisions  of  this 
section  is  punishable  by  imprisonment  in  the  state  prison  not  exceed- 
ing five  years  or  in  the  county  jail  not  exceeding  one  year,  or  by  fine 
not  exceeding  five  thousand  dollars,  or  by  both  such  fine  and  imprison- 
ment. [Amendment  approved  May  22,  'l913;  Stats.  1913,  p.  218.  In 
etfect   August   10,   1913.] 

This  section   was  added   to   the   code   February   17,    1911    (Stats.    1911,   p.   62). 

Driving  automobile  while  intoxicated. 

§  367d.  .\uy  jierson  operating  or  driving  an  automobile,  motorcycle 
or  other  motor  vehicle  who  beeomes  or  is  intoxicated  while  so  engaged 
in  operating  or  driving  such  automobile,  inotorfycle  or  other  motor 
vehicle  shall  be  guilty  of  a  misdemeanor.  [New  section  added  Feb- 
ruary 28,  1911;  Stats.  1911,  p.  90.] 

Intoxicated  automobile  driver. 

§  367e.  .\iiy  peisun  operating  or  driving  an  automobile,  motorcycle 
or  other  motor  veluile  who  becomes  or  is  intoxicated  while  so  engaged 
in  ojierating  or  driving  such  automobile,  motorcycle  or  other  motor 
vehicle,  and  who  by  reason  of  such  intoxication  does  any  act,  or  neg- 
lects anv  duty  imposed  by  law,  which  act  or  neglect  of  duty  causes  the 
death  of,  or  bodily  injury  to,  any  person,  shall  be  punishable  by  impris- 
onment in  the  state's  prison  not  exceeding  five  years,  or  in  the  county 
jail  not  exceeding  one  year,  or  by  fine  not  exceeding  five  hundred  dol- 
lars, or  by  both  such  fine  and  imprisonment.  [New  section  approved 
March  7,  'l911;  Stats.  1911,  p.  288.] 

Hatch-tender  for  ships  of  fifty  tons  capacity.     Penalty. 

§  368a.  .\ny  person,  firm  or  corporation  engaged  in  the  business  of 
loading  or  unloading  shi]  s  or  vessels,  or  who  contracts  to  load  or  unload 
a  ship  or  vessel,  or  wim  sIkiII   t>e  in  charge  of  a  .^hip  or  v.  ssel   while  the 


203  PENAL  CODE.  §§  374, 374a 

same  is  being  loaded  or  unloaded,  or  who  is  authorized  to  load  or  unload 
any  ship  or  vessel,  having  a  carrying  capacity  of  fifty  tons  or  greater, 
shall  employ  and  supply  upon  every  ship  or  vessel  while  being  loaded 
or  unloaded,  a  person  over  the  age  of  twenty-one  years  to  act  as  signal- 
man or  hatch-tender  whose  sole  duty  it  shall  be  to  observe  the  opera- 
tions of  loading  or  unloading  of  each  working  hatch  on  such  ship  or 
vessel,  and  to  warn  all  persons  engaged  in  the  operation  of  loading  or 
unloading  of  any  possibility  of  any  injury  to  any  of  the  articles  of 
which  tlie  cargo  is  conijtosed,  or  of  danger  to  any  person  engaged  or 
being  in  or  about  the  said  ship  or  vessel  while  the  same  is  being  loaded 
or  unloaded  as  aforesaid.  Any  person,  firm,  or  corporation  violating 
the  provisions  of  this  act  is  guiltj'  of  a  misdemeanor.  [Xew  section 
approved  June  10,  1913;  Stats.  1913,  p.  513.     In  effect  August  10,  1913.] 

§  374. 

Citations.      App.   10/140. 

Unlawful  to  dump  garbage,  etc.,  in  navigable  waters  or  in  Pacific  Ocean. 
§  374a.  Any  jierson  who  places,  deposits  or  dumps  any  garbago.  swill, 
refuse,  cans,  bottles,  paper,  or  vegetable  matter,  or  the  carcass  of  any 
dead  animal,  or  the  offal  from  any  slaughter-pen  or  butcher-shop,  or 
any  trash  or  rubbish  in  or  upon  the  navigable  waters  of  this  state,  or 
who  places,  deposits  or  loads  the  same  upon  any  scow,  barge,  float,  hulk, 
or  anv  steam  or  sailing  vessel,  or  any  vessel  of  any  kind,  with  intent 
that  the  same  shall  be  dumped  or  deposited  therefrom  in  or  upon  any 
of  the  navigable  waters  of  this  state,  or  of  the  Pacific  Ocean  without 
the  state,  at  any  point  therein,  within  twenty  miles  of  any  point  on 
the  coast  line  of  the  state,  and  any  captain,  or  other  person  in  charge 
of  any  scow,  barge,  float,  hulk,  or  any  steam  or  sailing  vessel,  or  any 
vessel  of  any  kind,  who  permits  the  same  to  be  loaded  with  any  gar- 
bage, swill,  refuse,  cans,  bottles,  paper,  or  vegetable  matter,  or  the  car- 
cass of  any  dead  animal,  or  the  offal  from  any  slaughter-pen  or  butcher- 
shop,  or  any  trash  or  rubbish,  with  intent  that  the  same  shall  be  dumped 
or  deposited  therefrom  in  or  upon  any  of  the  navigable  waters  of  this 
state,  or  of  the  Pacific  Ocean  without  the  state,  at  any  point  therein, 
within  twenty  miles  of  any  point  on  the  coast  line  of  the  state,  is  guilty 
of  a  misdemeanor,  and  no  scow,  barge,  float,  hulk,  or  any  steam  or  sail- 
ing vessel,  or  any  vessel  of  any  kind,  upon  which  any  garbage,  swill, 
refuse,  cans,  bottles,  paper,  or  vegetable  matter,  or  the  carcass  of  any 
dead  animal,  or  the  offal  from  any  slaughter-pen  or  butcher-shop,  or 
any  trash  or  rubbish  has  been  loaded  with  the  intent  that  the  same  shall 
be  dumped  or  deposited  therefrom  upou  any  of  the  waters  of  the  Pacific 
Ocean  where  permitted  by  this  section,  shall  leave  any  point  within  the 
state  unless  it  shall  carry  for  the  entire  trip  an  inspector  appointed  by 
the  state  board  of  health,  or  where  such  point  of  departure  is  within  a 
municipality,  then  by  such  municipality,  and  it  shall  be  the  duty  of  such 
inspector  to  enforce  the   provisions   of  this   section,  and  the  captain,   or 


§  384  PENAL    CODE.  204 

other  person  in  charge  of  anj'  such  scow,  barge,  float,  hulk,  steam,  sail- 
ing or  other  vessel,  so  leaving  without  carrying  such  inspector  during 
the  entire  trip  is  guilty  of  a  misdemeanor;  provided,  however,  that 
this  act  shall  not  be  construed  to  affect  the  discharge  of  any  sewer 
system.     [New  section  approved  May   1,   1911;   Stats.   1911,  p.   1420.] 

Penalty  for  violating  act  for  prevention  of  fires.  , 

§  384.  Any  person  who  shall  willfully  or  negligently  commit  any  of 
the  acts  hereinafter  enumerated  in  this  section  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  be  punishable  by  a  fine  of  not 
less  than  fifty  nor  more  than  five  hundred  dollars,  or  imprisonment  in 
the  county  jail  not  less  than  fifteen  days  nor  more  than  six  months,  or 
both  such  fine  and  imprisonment,  except  that  in  the  case  of  an  offense 
against  subsection  5  of  this  section  the  fine  imposed  may  be  not  less  than 
ten  dollars: 

1.  Setting  fire,  or  causing  or  procuring  fire  to  be  set  to  any  forest, 
brush  or  other  inflammable  vegetation  growing  on  lands  not  his  own, 
without  the  permission  of  the  owner  of  such  land;  provided,  that  no 
person  shall  be  convicted  under  this  section  who  shafl  have  set,  in  good 
faith  and  with  reasonable  care,  a  back  fire  for  the  purpose  of  stopping 
the  progress  of  a  fire  then  actually  burning. 

2.  Allowing  fires  to  escape  from  the  control  of  the  per»ons  having 
charge  thert'of,  or  to  sjiread  to  the  lands  of  any  person  other  than  the 
builder  of  such  fire  without  using  every  reasonable  and  proper  precau- 
tion  to  |)revont  such   fire  from   escaping. 

3.  Burning  brush,  stumps,  logs,  rubbish,  fallen  timbers,  fallows  or 
grass  on  his  own  land,  or  blasting  with  dynamite,  powder  or  other  ex- 
plosives, or  setting  off  fireworks  in  forest  or  brush-covered  land,  either 
his  own  or  the  property  of  another,  without  taking  every  proper  and 
reasonable  precaution  both  before  the  lighting  of  said  fire  and  at  all 
times  thereafter  to  prevent  the  escape  thereof;  provided,  that  any  fire 
warden  may,  in  his  discretion,  give  a  written  permit  to  any  person 
desiring  to  burn  or  blast  as  aforesaid;  such  permit  shall  contain  such 
rules  and  regulations  for  the  building  and  management  of  such  fires  as 
the  state  board  of  forestry  may  from  time  to  time  prescribe;  and  in 
any  prosecution  under  this  subsection  it  shall  be  prima  facie  evidence 
that  the  defendant  has  taken  proper  and  reasonable  precautions  to  pre- 
vent the  escape  of  such  fire,  when  he  shall  show  that  he  has  received 
such  a  permit  and  has  complied  with  all  the  rules  and  regulations  therein 
prescribed. 

4.  Using  any  logging  locomotive,  donkey  or  threshing  engine,  or  any 
other  engine  or  boiler,  in  or  near  any  forest,  brush  or  grass  land,  unl.ss 
he  shall  ])rove  upon  the  trial,  atlirmativoly,  that  such  engines  or  b(iil<rs 
used  l)y  liini  were  pro\  ided  with  adequate  devices  to  prevent  the  esi  ape 
of  fire  or  sparks  from  smokestacks,  ash-pans,  fireboxes,  or  other  parts, 
and  that  ho  has  used  every  reasonable  precaution  to  prevent  the  causing 
of  fire  thereby. 


205 


PENAL   CODE. 


§§  386^48 


5.  Refusing  or  failing  to  render  assistance  in  combating  fires  at  tlie 
summons  of  any  firewarden  unless  prevented  by  good  and  sufficient 
reasons. 

(i.  Leaving  fire  burning  or  unextinguished  on  departing  from  a  camp 
or  camping  place,  or  allowing  such  fire  to  spread  after  being  built. 

7.  The  provisions  of  this  section  shall  not  apply  to  the  setting  of  fire 
on  lands   within   any   municipal   corporation   of   the  state.     [Amendment 
approved   May   1,  1911;   Stats.  1911,  p.   1356.] 
Citations.      Cal.    (subd.  3)   157/27,  28. 

§  386. 

Citations.      Cal.    161/673. 

§  3971J. 

Citations.      App.    18/640. 

Sale  of  liquors  between  2  and  6  A.  M.  prohibited. 

§  397c.  Every  person  engaged  in  the  business  of  the  sale  or  disposi- 
tion of  intoxicating  liquors,  who  sells,  gives  or  delivers,  to  any  person 
any  intoxicating  liquor  between  the  hours  of  2  o'clock  A.  M.  and  6 
o'clock  A.  M.  of  the  same  day,  is  guilty  of  a  misdemeanor.  [New  sec- 
tion approved  June  13,  1913;  Stats.  1913,  p.  737.  In  effect  August  10, 
1913.] 

Selling  firearms  and  ammunition  to  Indians. 

§  398.      [Repealed  April  22,  1913;  Stats.  1913,  p.  57. 
10,   1913.] 


In  effect  August 


§  412. 

Citations. 


App.   8/753. 


§  415. 

Citations.     App.   8/753. 

§  417. 

Citations.  App.  9/307;  16/16;  17/106;  19/474. 

§  426. 

Citations.      App.   17/762. 

§  435. 

CiUtions.      App.   10/39;   13/566. 

§  447. 

Citations.      App.   9/759. 

§  448. 

Citations.      App.   9/759. 


§§449-492  PENAL  CODE.  206 

§  449. 

Citations.     App.   9/759. 

§  452. 

Citations.      App.   9/759. 

Burglary  defined. 

§  459.  Every  person  who  enters  any  house,  room,  apartm.»nt.  tene- 
ment, shop,  warehouse,  store,  mill,  barn,  stable,  outhouse  or  other  build- 
ing, tent,  vessel,  railroad  car,  mine,  or  any  underground  portion  thereof, 
with  intent  to  commit  grand  or  petit  larceny  or  any  felony  is  guilty  of 
burglary.  [Amendment  approved  Mar  19,  1913;  Stats.  19l'3,  p.  228.'  In 
effect  August   10,  1913.] 

Citations.      Cal.    161/575,  57G.      App.   11/548. 

§  460. 

Citations.      Cal.    161/579. 

§  461. 

Citations.      Cal.   161/580. 

§  463. 

Citations.      Cal.    161/579.      App.    9/270;   17/159. 

§  470. 

Citations.   App.  8/336;  12/130.  131.  132,  241,  242;  14/509;  17/736. 

§  474. 

CiUtions.   App.  11/573;  13/742;  14/449. 

§  476. 

Citations.      App.    9/343;    12/131;    15/402. 

S  476a. 

Citations.   Cal.  156/453,  459;  157/733;  163,036.  637,  638,  639.   App.  16/ 
757.  700;  18/13;  19/748. 

§  481. 

Citations.      Cal.    157/335,  337. 

§  486. 

Citations.      App.    10/671. 

§  487. 

Citations.      App.    12/152. 

§  492. 

CiUtions.     App.   18/348. 


207 


PENAL  CODE. 


§§  496-532a 


§  496. 

Citationa.      App.   11/573;    15/122. 

§  503. 

Citations.      App.   14/144. 

§  504. 

ClUtions.     App.   12/16,   17. 

§  506. 

Citations.   Cal.  162/446.   App.  12/17;  13/526,  529,  530;  15/90,  95. 

§  507. 

Citations.     App.  8/644,   645. 

§  508. 

Citations.     App.  16/273. 

§  509. 

Citations.     App.   12/17. 

§  511. 

Citations.      App.   13/216,  217,  218. 

§  518. 

Citations.      App.   10/510;    15/479. 


§  519. 

Citations. 

App.   15/479, 

§  532. 

Citations. 

App.   12/152 

13/491. 

Making  false  statement  of  financial  condition.  Benefiting  by  false  state- 
ment.    Reaffirming  false  statement.     Misdeir.eanor. 

§  532a.     Any    person, 

(1)  Who  shall  knowingly  make  or  cause  to  be  made,  either  directly 
or  indirectly,  or  through  any  agency  whatsoever,  any  false  statement 
in  writing,  with  intent  that  it  shall  be  relied  upon,  respecting  the  finan- 
cial condition,  or  means  or  ability  to  pay,  of  himself,  or  any  other  per- 
son, firm  or  corporation,  in  whom  he  is  interested,  or  for  whom  he  is  act- 
ing, for  the  purpose  of  procuring  in  any  form  whatsoever,  either  the 
delivery  of  personal  property,  the  payment  of  cash,  the  making  of  a  loan 
or  credit,  the  extension  of  a  credit,  the  discount  of  an  account  receiv- 
able, or  the  making,  acceptance,  discount,  sale  or  indorsement  of  a  bill 
of  exchange,  or  promissory  note,  for  the  benefit  of  either  himself  or  of 
Buch  ^^eison,  firm  or  corporation;  or 


§§  532a-563 


PENAL    CODE. 


2U8 


(2)  Who,  knowing  that  a  false  statement  in  writing  has  been'  made, 
respecting  the  financial  condition  or  means  or  ability  to  pay,  of  himself, 
or  such  person,  firm  or  corporation  in  which  he  is  interested,  or  for  whom 
he  is  acting,  procures,  upon  the  faith  thereof,  for  the  benefit  either  of 
himself,  or  of  such  person,  firm  or  corporation,  either  or  any  of  the 
things  of  benefit  mentioned   in   the  first  subdivision  of  this  section;  or 

(3)  Who,  knowing  that  a  statement  in  writing  has  been  made,  respect- 
ing the  financial  condition  or  means  or  ability  to  pay  of  himself  or  such 
person,  firm  or  corporation,  in  which  he  is  interested,  or  for  whom  he  is 
acting,  represents  on  a  later  day  in  writing,  that  such  statement  there- 
tofore made,  if  then  again  made  on  said  day,  would  be  then  true,  when 
in  fact,  said  statement  if  then  made  would  be  false,  and  procures  upon 
the  faith  thereof,  for  the  benefit  either  of  himself  or  of  such  person, 
firm  or  corporation,  either  or  any  of  the  things  of  benefit  mentioned  in 
the  first  subdivision  of  this  section;  shall  be  guilty  of  a  misdemeanor, 
punishable  by  a  fine  of  not  more  than  five  hundred  dollars,  or  by  im- 
prisonment in  the  county  jail  for  not  more  than  six  months,  or  by  both 
such  fine  and  imprisonment.  |  New  section  approved  May  28,  1913; 
Stats.   191:5,  p.  437.     In  effect   August  lU,   1913.] 

Another   §   532a  was  adopted  at   tlu'  same  session,  as   fallows: 

Giving  lot  with  ticket  prohibited. 

§  532a.  .\ny  jierson,  firm,  corporation  or  copartnership  who  knowingly 
an<l  (icsignodly  offers  or  gives  with  winning  numbers  at  any  drawing  of 
numbers  or  with  tickets  of  admission  to  places  of  public  assemblage,  any 
lot  or  parcel  of  real  pro|>erty  and  i-harges  or  collects  fees  in  connection 
with  tlie  transfer  thereof,  is  guilt v  of  a  misdemeanor.  [New  section 
approved  April  23,  1913;  Stats.  1913,  p.  74.  In  effect  August  10,  1913. J 
Tlu're   was  another  §  532a   adopted   at   the   same   session.      See   supra. 

§  537. 

Citations.      App.    10/509,   510,   512.   513. 

§  538. 

Citations.      App.    15/733.   734,    735,    736,   737. 

§   548. 

Citations.      App.   8/373,   37G. 

§  549. 

Citations.      App.   8/337. 

§  558. 

Citations.      App.    13/325,    328. 

§  563. 

Citations.     App.   10/359;   11/573. 


209  PENAL  CODE.  §§  573-601 

Officer  may  not  borrow  cemetery  corporation  funds. 

§  573.  No  director  or  ollicer  of  any  cemetery  corporation  or  associa- 
tion shall,  directly  or  indirectly,  for  himself  or  as  the  partner  or  agent 
of  others,  borrow  any  of  the  funds  of  such  corporation  or  association, 
nor  shall  he  become  an  indorser  or  surety  for  loans  to  others,  nor  in  any 
manner  be  an  obligor  for  moneys  borrowed  of  or  loaned  by  such  corpo- 
ration or  association,  nor  shall  a  corjioration  of  whicli  a  director  or  an 
officer  is  a  stockholder  or  in  which  either  of  them  is  in  any  manner  in- 
terested borrow  any  of  such  funds.  The  office  of  any  director  or  officei 
who  acts  or  permits  action  in  contravention  of  the  provisions  of  this 
section  immediately  thereujjon  becomes  vacant  and  every  director  or  offi- 
cer authorizing  or  consenting  to  such  loan,  and  the  person  who  receives 
such  loan,  shall  severally  be  guiltv  of  a  misdemeanor,  [New  section 
approved  March  13,  1911;  Stats.  1911,  p.  344.] 

§  588. 

Citations.      App.    11/573. 

Throwing  glass  upon  highway. 

§  588a.  Any  person  who  throws  or  deposits  any  glass  bottle,  glass, 
nails,  tacks,  hoops,  wire,  cans  or  any  other  substance  likely  to  injure 
any  person,  animal  or  vehicle  upon  any  public  highway  in  the  state  of 
California  shall  be  guiltv  of  misdemeanor.  [New  section  approved  Feb- 
ruary 28,  1911;  Stats.  1911,  p.  91.] 

Driving  over  public  bridges. 

§  590b.  Every  person  wno  rides  or  drives  faster  than  a  walk  across 
any  bridge  on  a  public  highway,  upon  which  bridge  there  is  displayed 
a  sign  or  notice  stating  that  it  is  illegal  to  ride  or  drive  faster  than  a 
walk  across  the  same,  is  guiltv  of  a  misdemeanor.  [New  section  ap- 
proved March  21,  1911;  Stats.  1911,  p.  428.] 


§ 

591. 

Citations. 

Cal.   161/275. 

§ 

594. 

Citations. 

App.    13/615, 

616. 

§  600. 

Citations.      App.   13/613,   614,   615:    16/794. 

Malicious  use  of  dynamite.     Penalty. 

§  601.  Any  person  who  maliciously  uses,  puts,  places,  deposits,  ex- 
plodes, or  attempts  to  explode,  at,  in,  under,  or  near,  or  takes  into  or 
near  any  building,  vessel,  boat,  railroad,  tramroad,  or  cable  road,  or 
any  train,  or  car,  or  any  depot,  stable,  ear-house,  theater,  schoolhouse, 
church,  dwelling-house,  or  other  place  where  human  beings  usually 
inhabit,  assemble,  frequent,  or  pass  and  repass,  any  dynamite,  nitro- 
14 


§§  602-626  tENAL  CODE.  210 

glycerin,  vigorite,  giant  or  hercules  powder,  gunpowder,  or  other  chem- 
ical" compound  or  explos'ive,  with  the  intent  to  injure  or  destroy  such 
building,  v.  ssel,  boat,  or  other  structure;  or  with  the  intent  to  injure, 
intimidate,  or  terrify  any  human  being,  or  by  means  of  which  any 
human  being  is  injured  or  endangered,  is  guilty  of  a  felony,  and  punish 
able  by  imprisonment  in  the  state  prison  not  less  than  one  year. 
[Amendment  approved  May  30,  1913;  Stats.  1913,  p.  350.  In  effect 
August  10,  1913.] 

Citations.      App.   12/194;   13/98;   16/429,  432;  18/80;  19/296. 

§  602. 

Citations.     App.    (subd.  3)    16/794,   795. 

§  604. 

Citations.      App.   16/785,  792,  793,   794,   795,   796. 

§   610. 

Citations.     App.   11/689. 

§  619. 

Cltotlons.     App.  19/70,  72,  73. 

§  620. 

Citations.     App.   19/72. 

§  621. 

Citations.      App.   19/73. 

When  ducks,  snipe,  quail,  etc.,  may  not  be  killed.  Ducks  and  quails  in 
districts  Nos.  1  and  6. 
§  626.  I.vcry  |icisnii  who.  between  the  first  day  of  March  and  the 
fifteenth  day  of  October  of  any  year,  hunts,  pursues,  takes,  or  kills,  or 
<lebtroys,  or  lias  in  his  possession  any  kind  of  wiUi  duck,  ibis,  or  other 
shore  bird  (Liiuicolae),  or  who,  between  the  thirtieth  day  of  -\pril  nnd 
the  fifteenth  day  of  November  of  any  year,  hunts,  pursues,  takes,  kills, 
or  destroys,  or  has  in  his  possession  any  Wilson  snipe,  plover  or  curie  w; 
or  who,  between  the  fifteenth  day  of  February  and  the  fifteenth  d:iy  of 
October  of  any  year,  hunts,  pursues,  takes,  kills,  or  destroys  or  has  in 
his  possession  any  desert  or  valley  quail;  or  who,  between  the  first 
day  of  December  and  the  first  day  of  September  of  the  following  year, 
hunts,  pursues,  takes,  kills,  or  destroys,  or  has  in  his  possession  nny 
mountain  quail,  grouse,  or  sage  hen;  or  who,  between  the  first  day  of 
Feluuary  and  the  thirty-first  day  of  .Tuly  of  any  year,  hunts,  takes,  kills, 
or  has  in  his  possession  any  cottontail  rabbit  or  bush  rabbit;  or  who.  at 
any  time  prior  to  the  first  day  of  November,  1912,  hunts,  takes,  kills, 
or  has  in  his  possession  any  rail,  or  who  thereafter  between  the  first 
day  of  December  of  any  year  and  the  first  day  of  November  of  the 
following  year,   hunts,   takes,   kills,   or  has  in   his   possession   any   rail  is 


211  PENAL  CODE.  §§  626a-626d 

guilty  of  a  misilemeanor,  except  as  hereinafter  provided;  provided,  that 
in  game  districts  Nos.  1  and  6  of  the  state  of  California  every  person 
who,  between  the  first  day  of  March  and  the  first  day  of  October  of  any 
year,  hunts,  takes,  kills,  or  destroys,  or  has  in  his  possession  any  kind 
of  wild  duck,  ibis  or  other  shore  bird  (Liniicolae),  or  who  in  game  dis- 
trict 6,  between  the  fifteenth  day  of  November  of  any  year  and  the 
fifteenth  day  of  October  of  the  following  year,  hunts,  takes,  kills,  or 
destroys  or  has  in  his  possession  any  desert  or  valley  quail  is  guilty  of 
a  misdemeanor.  [Amendment  approved  April  8,  1911;  Stats.  1911,  p. 
810.] 

When  doves  may  not  be  killed.  Doves  In  districts  Nos.  i  and  6.  Doves 
in  districts  Nos.  2  and  5. 
§  626a.  Every  person  who,  between  the  first  day  of  October  and  the 
fifteenth  day  of  July  of  the  following  year,  hunts,  takes,  kills,  pursues 
or  destroys  or  has  in  his  possession  any  dove  is  guilty  of  a  misdemeanor, 
except  as  hereinafter  provided;  provided,  that  in  game  districts  Nos. 
4  and  6  of  the  state  of  California  everj^  person  who,  between  the  first 
day  of  November  and  the  first  day  of  September  of  the  following  year, 
hunts,  takes,  kills,  or  pursues  or  destroys  or  has  in  his  possession  any 
dove  is  guilty  of  a  misdemeanor;  provided,  further,  that  every  person 
in  game  districts  Nos.  2  and  5  of  the  state  of  California  who,  between 
the  fifteenth  day  of  October  and  the  first  day  of  August  of  the  follow- 
ing year,  hunts,  takes,  kills,  pursues  or  destroys  or  has  in  his  possession 
anv  dove  is  guiltv  of  a  misdemeanor.  [Amendment  approved  April  8, 
19H;   Stats.   1911,' p.  810.J 

Killing   swans,    pheasants,    etc. 

§  626c.  Every  person  who  takes,  kills,  or  destroys,  or  has  in  his  pos- 
session any  swan,  or  any  wild  pheasants,  or  any  bob-white  quail,  or  any 
variety  of  imported  quail  or  partridge,  or  wild  turkey,  is  guilty  of  a  mis- 
demeanor; provided,  however,  that  a  person  may  rear,  propagate  and 
have  in  possession  pheasants  and  the  increase  thereof  reared  in  captivity, 
or  pheasants  imported  from  a  foreign  country,  and  such  artificially 
propagated  or  imported  pheasants  may  be  killed,  sold,  or  disposed  of  at 
,an_y  season  of  the  year  upon  permission  from  the  state  board  of  fish 
and  game  commissioners;  and  provided,  further,  that  a  copy  of  such 
permit  shall  be  attached  to  any  pheasants  or  the  package  containing 
the  same  in  plain  view  when  the  same  shall  be  sold  or  disposed  of  as 
hereinabove  provided.  [Amendment  approved  March  9,  1911;  Stats. 
1911,  p.  322.] 

Bag  limit  of  ducks,  quail,  rabbits,  etc. 

§  626d.  Every  person  who,  during  any  one  calendar  day,  takes,  kills, 
or  destroys  or  has  in  his  possession  more  than  twenty-five  wild  ducks, 
or  black  sea  brant,  or  more  than  twenty  desert  or  valley  quail,  snipe, 
curlew,  ibis,  plover,  rail,  or  any  other  shore  birds  (Limieolae),  or  more 
than  twenty  doves,  or  more  than  ten  mountain  quail,  or  more  than  four 


§§  62Gf-G26j  PENAL  CODE.  212 

grouse,  or  more  than  four  sage-hens,  or  more  than  fifteen  cottontail  or 
bush  rabbits  is  guilty  of  a  misdemeanor;  provided,  also,  that  any  person 
who  between  sunrise  of  one  Sunday  and  sunrise  of  the  following  Sunday, 
takes,  kills,  or  destroys  more  than  fifty  ducks,  or  black  sea  brant  is 
guilty  of  a  misdemeanor.  [Amendment  approved  April  8,  1911;  Stats. 
1911,   p.   811.] 

When  deer  may  not  be  killed.  Deer  in  districts  Nos.  2,  i  and  5.  Deer  in 
district  No.  6. 
§  626f.  Every  person  who  between  the  first  day  of  November  and 
the  fifteenth  day  of  August  of  the  following  year  hunts,  pursues,  takes, 
or  destroys,  or  has  in  his  possession,  whether  taken  or  killed  in  the  state 
of  California,  or  shipped  into  the  state  from  any  other  state,  or  territory, 
or  foreign  country  any  male  deer,  or  any  deer  meat,  is  guilty  of  a  mis- 
demeanor, except  as  hereinafter  provided;  provided,  that  every  person 
in  game  districts  Nos.  2.  4  and  5  of  the  state  of  California  who,  between 
the  first  day  of  September  and  the  first  day  of  .July  of  the  following 
ye;rr,  hunts,  pursues,  takes,  or  destroys,  or  has  in  his  possession,  whether 
taken  or  killed  in  the  state  of  California,  or  shipped  into  the  state  from 
any  other  state,  territory,  or  foreign  country,  any  male  deer,  or  any 
deer  meat,  is  guilty  of  a  misdemeanor;  provided,  further,  that  every 
person  in  game  district  No.  6  of  the  state  of  California,  who.  between 
the  fifteenth  day  of  September  and  the  fifteenth  day  of  .\ugust  of  the 
following  year,  hunts,  pursues,  takes,  or  destroys,  or  has  in  his  pos- 
session, whether  taken  or  killeci  in  the  st.'»te  of  California,  or  shipped 
into  the  state,  from  any  other  state,  territory  or  foreign  country,  any 
male  deer,  or  any  deer  meat,  is  guiltv  of  a  misdemeanor.  [.\mendnieDt 
ai)proved    April    8,    1011;    Stats.    1911",    p.    811.] 

Killing  tree  squirrels  from  January  1  to  September  1. 

§  626g.  Kvory  person  who  between  tlie  fir^st  day  of  .lanuary  and  the 
first  day  of  September  of  the  same  year,  hunts,  takes,  kills,  or  destroys, 
or  has  in  his  possession,  any  species  of  tree  squirrel,  or  who  at  any  time 
buys,  sells,  offers  for  sale,  or  has  in  his  possession  for  sale,  any  tree 
squirrel  is  guilty  of  a  misdemeanor,  and  every  person  who  takes,  kills, 
or  destroys,  or  has  in  his  possession,  more  than  twelve  tree  squirrels  dur- 
ing any  one  open  season,  is  guilty  of  a  misdemeanor,  provided  that  none 
of  the  provisions  of  this  section  shall  in  any  manner  ajiply  to  the  county 
of  Mendocino  in  said  state,  [.\mendment  approved  March  6,  1911;  Stats. 
1911,  p.  28o.] 

Permitting  more  than  one  dog  to  track  deer  a  misdemeanor. 

§  626j.  livery  ju'rsoii  who,  owning,  controlling,  or  having  in  his  po> 
session  any  dogs,  willfully  suffers,  permits  or  allows  more  than  one  of 
said  dogs  to  run,  track,  or  trail  any  deer  at  any  time  during  the  season 
that  (leer  mav  be  lawfullv  killed,  is  guiltv  of  a  misdemeanor.  [Amend- 
ment approved  April  8,  1911;  Stats.  1911,"  p.  811.] 


213  PENAL  CODE.         §§  626k-626p 

Sale  of  wild  game  prohibited. 

§  626k.  Kv(Mv  piTson  who  buys,  sells,  ships,  oflFers,  or  exposes  for 
sale,  barter,  trade  or  sbipmeut,  any  wild  game,  bird,  or  animal,  except 
rabbits  and  wild  geese,  protected  by  law  and  mentioned  in  part  1,  title 
15,  chapter  1,  of  the  code,  or  the  dead  body  of  any  such  game,  bird, 
or  animal,  or  any  part  thereof,  whether  taken  or  killed  in  the  state  of 
California  or  shipped  into  the  state  from  another  state,  territory,  or 
foreign  country,  is  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  not  less  than  twenty  dollars  nor  more  than 
five  hundred  dollars,  or  imprisonment  in  the  county  jail  of  the  county 
in  which  the  conviction  shall  be  had,  not  less  than  twenty  days  nor 
more  than  six  months,  or  by  both  such  fine  and  imprisonment;  and  all 
fines  and  forfeitures  imposed  and  collected  for  violation  of  any  of  the 
provisions  of  this  section  shall  be  paid  into  the  state  treasury  to  the 
credit  of  the  fish  and  game  preservation  fund.  Nothing  in  this  section 
shall  be  construed  to  proliibit  the  sale  of  any  species  of  wild  duck  frona 
the  first  day  of  November  to  the  first  day  of  December  of  the  same  year. 
[Amendment  approved  June  16,  1913;  Stats.  1913,  p.  1003.  In  effect 
August    10,    1913.] 

Killing  game  birds  at  night  a  misdemeanor. 

§  626ni.  Every  person  who,  at  any  time  between  one-half  hour  after 
sunset  of  any  one  day  and  one-half  hour  before  sunrise  of  the  following 
day,  hunts,  pursues,  takes,  catches,  kills  or  destroys  any  of  the  game 
birds,  or  animals  of  this  state;  or  who,  between  one  hour  after  sunset 
of  any  one  day  and  one  hour  before  sunrise  of  the  following  day,  takes, 
catches,  kills,  or  destrovs  anv  trout  is  guiltv  of  a  misdemeanor.  [Amend- 
ment approved   April   8,   19il;   Stats.   1911,  p.  812.] 

Animals  as  blinds. 

§  626n.  Every  person  who,  at  any  time,  shall  use  any  animal  as  a 
blind,  or  use  such  animal  for  the  purpose  of  approaching  any  wild  duck, 
curlew,  ibis,  plover  or  other  waterfowl  or  shore  birds,  except  geese,  for 
the  pur{)ose  of  shooting  at,  or  killing  any  Guch  waterTowl,  or  shore  birds, 
except  geese,  or  who,  at  any  time  takes,  kills,  or  has  in  his  possession  any 
such  waterfowl  or  shore  birds,  except  geese  taken  by  any  such  method,  is 
guilty  of  a  misdemeanor;  provided,  however,  that  nothing  herein  con- 
tained shall  prevent  the  use  of  dogs  in  hunting  or  approaching  such  birds. 

[Amendment  approved  February  6,  1911;  Stats.  1911,  p.  8.] 

• 

When  sea  brant  may  not  be  killed.     Sea  brant  in  district  No.  1. 

§  626p.  Every  person  wlio,  between  the  fifteenth  day  of  March  and 
the  first  day  of  November  of  any  year,  hunts,  pursues,  takes,  kills,  or 
destroj's,  or  has  in  his  possession,  any  kind  of  black  sea  brant,  is  guilty 
of  a  misdemeanor,  except  as  hereinafter  provided;  provided,  that  in 
game  district  No.  1  every  person  who,  between  the  first  day  of  April 
and   the   first  day   of   October   of  any  year,   hunts,  pursues,   takes,   kills, 


§§  626p-628  PEN-AL  CODE.  214 

or  flestroys,  or  has  in  his  possession  any  black  eea  brant,  is  guilty  of  a 
misdemeanor.     [New  section  approved  April  8,  1911;  Stats.  1911,  p.  &12.} 

Another   §   626p  was  adopted  at   the  same  session,  as  follows: 

Killing  beaver. 

§  626p.  Every  person  who  at  any  time  takes,  catches,  or  kills,  or  has 
in  his  possession  any  beaver,  is  gtiilty  of  a  misdemeanor.  [New  sectiou 
approved   March  8,  1911;  Stats.   1911,  p.  313.] 

Another  §  62Gp  was  parsed  at  the  same  session.      See  snpra. 

Penalty  for  killing  sea  otter. 

§  626q.  fjvery  person  who  at  any  time  hunts,  pursues,  takes,  kills, 
destroys,  or  has  in  his  possession  any  sea  otter  is  punishable  by  fine  not 
exceeding  one  thousand  dollars  or  imprisonment  in  the  county  jail  not 
exceeding  one  year  or  both.  [New  section  approved  June  16,  1913; 
Stats.   1913,  p.   9.31.     In   effect   August   10,   1913.] 

Protection  of  shrimp.  Lobster.  Catfish.  Sturgeon.  Crab.  AbaJone. 
Use  of  diving  apparatus  prohibited. 
§  628.  Every  person  who  at  any  time,  offers  for  shipment  or  ships, 
or  wlio  receives  for  shipment  or  transportation  from  the  state  of  Cal- 
ilornia  to  any  place  in  any  other  state,  territory  or  foreign  country, 
or  wiio  has  in  his  possession,  for  any  purpose,  any  dried  shrimp  or 
slirimj)  shells  of  shrimp  caught  or  taken  in  the  waters  of  this  state 
shall  he  guilty  of  a  misdenieaimr;  and  be  it  provided,  that  the  {)08ses- 
sion  of  such  dried  shrimp  or  shrimp  shells,  for  any  purpose  shall  be 
prima  facie  evidence  that  such  dried  shrimp  or  shrimp  shells  arc  of 
shrimp  which  were  caught  or  taken  in  the  waters  of  this  state.  Every 
person  who,  between  the  first  day  of  March  ami  the  thirty-first  day  of 
October  of  the  same  year,  both  dates  inclusive,  takes,  catches,  kills,  has 
in  possession,  buys,  sells,  or  offers  for  sale  any  lobster  (crawfish),  or 
who  at  any  time  takes,  catches,  kills,  has  in  possession,  buys,  sells,  or 
offers  for  sale  any  lobster  (irawfisli)  of  less  than  nine  inches  or  more 
tli.in  thirteen  and  one-half  iiu'hcs  in  length,  measured  from  one  ex- 
tremity to  the  other  and  exclusive  of  legs,  claws  or  feelers,  or  who  shall 
at  any  time,  pickle,  c^in  or  otherwise  preserve  any  lobster  (crawfish)  or 
crab  (Cancer  magister),  or  who  shall  at  any  time,  sell  any  lobster 
(crawfish),  crab  (Cancer  magister)  meat  not  in  the  shell  of  such  lobster 
(crawfish)  or  crab  (Cancer  magister),  or  who  shall  bring  to  shore  any 
part  or  portion  of  any  lobster  (crawfish)  or  crab  (Can<'er  magister) 
without  remaining  portions  of  such  lobster  (crawfish)  or  crab  (Cancer 
magister)  in  such  condition  that  the  size  of  such  lobster  (crawfish)  or 
crab  (Cancer  magister)  cannot  be  measured,  shall  be  guilty  of  a  mis- 
demeanor. Every  j>erson  who,  at  any  time,  has  in  his  possession  for 
sale,  or  sells,  or  offers  for  sale,  any  dressed  catfish  less  than  seven  inches 
in  length  not  including  the  head,  or  who,  at  any  time  kills  or  has  in  his 
possession  any  sturgeon  of  less  than  twenty-five  pounds  in  weight,  shall 


215  PENAL  CODE.  §  628a 

be  guilty  of  a  misdemeanor.  Every  person  who,,  at  any  time,  takes, 
catclies,  kills,  has  in  his  possession,  buys,  sells,  or  offers  for  sale,  any 
crab  (Cancer  magister)  of  Uss  tiian  seven  inches  in  breadth  measured 
straight  across  the  back  from  point  to  point,  or  any  female  crab  (Cancer 
magister),  or  who  between  the  first  day  of  August  and  the  fifteenth 
day  of  November  of  the  same  3'ear,  both  ^iates  inclusive,  takes,  catches, 
kills,  has  in  possession,  buj's,  sells,  or  offers  for  sale  any  crab  (Cancer 
magister),  shall  be  guilty  of  a  misdemeanor.  Every  person  who,  be- 
tween the  first  day  of  February  and  the  thirtieth  day  of  April  of  the 
same  year,  both  dates  inclusive,  takes,  catches  or  kills  any  abalone 
(Haliotis),  or  who,  at  any  time,  takes,  catches  or  kills  any  red  abalone 
(Ilaliotis  rufescens)  less  than  nineteen  incln  s  around  the  outer  edge 
of  the  shell  or  any  green  abalone  (Haliotis  fulgens)  less  than  eighteen 
inches  around  the  outer  edge  of  the  shell,  or  any  pink  abalone  (Halio- 
tis corrugata)  less  than  sixteen  inches  around  the  outer  edge  of  the 
shell,  or  any  black  abalone  (Haliotis  crackerodie)  less  than  fourteen 
inches  around  the  outer  edge  of  the  shell,  or  who  by  any  means  what- 
soever, takes,  or  catches  any  abalone  (Haliotis)  and  does  not  bring 
the  same,  naturally  attached  to  the  shell  and  alive,  to  the  shore  above 
high-water  mark,  or  who  takes,  catches,  or  kills  any  abalone  (Halio- 
tis) for  other  than  food  purposes,  or  who  at  any  time  offers  for  ship- 
ment, or  ships,  or  receives  for  shipment  or  transportation  from  the 
state  of  California  to  any  place  in  any  other  state,  territory  or  foreign 
country  any  abalone  meat,  fresh  or  dried;  or  abalone  shells,  excepting 
articles  manufactured  from  abalone  shells;  or  who  takes,  catches,  or 
kills  any  abalone  (Haliotis)  by  the  use  of  a  spear  or  spears,  shall  be 
guilty  of  a  misdemeanor.  Every  person  who,  in  fish  and  game  district  6 
of  this  state,  uses  or  assists  in  using  any  diving  apparatus  of  any  charac- 
ter for  the  taking  or  catching  of  any  abalone  (Haliotis),  or  who  takes, 
catches,  or  kills  any  black  abalone  (Ilaliotis  crackerodie),  or  who  takes, 
catches  or  kills  during  any  one  calendar  day  more  than  ten  (10)  abalone 
(Haliotis)  shall  be  guilty  of  a  misdemeanor.  None  of  the  provisions 
of  this  act  shall  apply  to  lobster  (crawfish)  or  abalone  (Haliotis)  caught 
or  taken  without  the  waters  of  this  state,  and  bearing  after  inspection 
such  evidence  of  having  been  so  caught  or  taken  as  may  be  hereafter 
prescribed  by  the  fish  and  game  commission;  and  be  it  provided,  that 
all  the  expense  of  such  inspection  shall  be  borne  by  the  importer  of 
such  lobster  (crawfish)  or  abalone  (Haliotis);  and  be  it  provided,  fur- 
ther, that  all  lobster  (crawfish)  or  abalone  (Haliotis)  imported  into  this 
state  shall  be  of  the  size  prescribed  in  this  section.  [Amendment  ap- 
proved June  16,  191.3;  Stats.  1913,  p.  1007.  In  effeot  August  10,  1913.] 
Also  amended  April  1,  1911    (Stats.   1911,  p.  561). 

Striped  bass. 

§  628a.  Every  person  who,  at  any  time,  buys,* sells,  offers  for  sale, 
or  has  in  his  possession,  any  striped  bass  of  less  than  three  pounds  in 
weight;   or  who,  between    the  seventeenth    day  of    September  and    the 


§§  628a,  628b         penal  code.  216 

twenty-third  day  of  October  of  any  year,  takes,  catches,  or  kills  any 
striped  bass,  with  a  n\t  or  seine;  or  who,  between  the  seventeenth  day 
of  September  and  the  twenty-third  day  of  October  of  any  year,  has  in 
his  possession  any  striped  bass  taken,  caught  or  killed  except  with  hook 
and  line;  or  who  between  the  seventeenth  day  of  September  and  tho 
twenty-third  day  of  October  of  any  year,  buys,  sells,  or  oflfers  for  sale, 
ships,  offers  for  shipment,  or  receives  for  shipment  or  transportation 
any  striped  bass;  or  who,  at  any  time,  oflfers  for  shipment,  ships,  or 
receives  for  shipment  or  transjiortation  from  the  state  of  California  to 
any  place  in  any  other  state,  territory,  or  foreign  country  any  striped 
bass  caught  or  taken  in  the  waters  of  this  state,  is  guilty  of  a  mis- 
demeanor; provided,  that  the  possession  of  such  striped  bass  shall  be 
f)rima  facie  evidence  of  the  fact  that  such  striped  bass  were  caught  or 
taken  in  the  waters  of  this  state,  [.\mendment  approved  April  1,  1911; 
Stats.   1911,  p.  562.] 

At  the  same  sessiun   .'innthf  r  5   <''2^:i   w:i><  :idn!itiMl.  as   fnllciws: 

Striped  bass. 

§  628a.  Kvery  person  who,  at  any  tiii:c.  buys,  sells,  oIIitp  for  sale, 
or  has  in  his  possession,  any  striped  bass  of  less  than  three  pounds  in 
wpiglit;  or  who,  between  ♦he  first  day  of  May  and  the  first  «lay  of  July 
of  any  year,  takes,  catches,  or  kills,  any  striped  bass,  with  a  net  or 
seine,  or  who,  between  the  lirst  day  of  May  and  the  first  day  of  .July 
of  any  year  has  in  his  possession  any  strijied  bass,  taken,  caught  or 
killed  except  with  a  hook  and  line;  or  who  between  the  first  day  of  May 
and  the  first  day  of  July  of  any  year,  buys,  sells  or  offers  for  sale,  ships, 
offers  for  shipment,  or  receives  for  shipment  or  transportation  any 
8tri|)ed  bass;  or  who,  at  any  time,  offers  for  shipment,  ships,  or  receives 
for  sliipnieiit  or  transportation,  or  transports,  from  the  state  of  Cali- 
fornia to  any  place  in  any  dther  state,  territory,  or  foreign  country 
any  striped  bass,  caught  or  taken  in  the  waters  of  this  state,  is  guilty 
of  a  misdemeanor;  provided,  that  the  possession  of  such  striped  bass 
shall  be  prima  facie  evidence  of  the  fact  that  such  striped  bass  were 
caught  or  taken  in   the  waters  of  this  state. 

Nothing  in  this  section  shall  prohibit  the  United  States  fish  commis- 
sion and  the  fish  and  game  commission  of  this  state,  from  ship[>ing 
outside  of  the  state  striped  bass  for  purposes  of  stocking  waters  without 
the  state.  [Amendment  approved  March  16,  1911;  Stats.  1911,  p.  372.] 
There   was  another    $  628a   adopted   at    the    same   session.      See    supra. 

Protection  of  black  bass.  Game  district  No.  2.  Game  district  No.  3. 
Perch,  stinfish,  etc.  Game  district  No.  4. 
§  628b.  Kvtry  person  wlio  between  tlie  first  day  of  January  and  the 
first  day  of  .June  of  each  year,  buys,  sells,  offers  for  sale,  takes,  catches, 
kills,  or  has  in  his  f)Ossession  any  black  bass;  or  who  at  any  time. 
except  with  hook  and  line  and  in  the  manner  commonly  known  as 
angling,    takes,    catches,    kills    any    black   bass;    or   who    takes,    catches. 


217  PENAL  CODE.  §§628f,  G28g 

kills,  or  has  in  his  possession  more  than  twenty-five  black  bass  during 
any  one  calendar  day;  or  who  takes,  catches,  kills,  or  has  in  his 
possession  any  black  bass  of  less  than  seven  inches  in  length  is  guilty 
of  a  misdemeanor;  provided,  that  in  game  district  number  2  every 
person  who  between  the  first  day  of  Apiril  and  the  first  day  of  July 
of  each  year,  buys,  sells,  offers  for  sale,  takes,  catches,  kills,  or  has 
in  his  possession  any  black  bass;  or  who  at  any  time,  except  with  book 
and  line  and  in  the  manner  commonly  known  as  angling,  takes,  catches, 
kills  any  black  bass;  or  who  takes,  catches,  kills,  or  has  in  his  posses- 
sion more  than  twenty-five  black  bass  during  any  one  calendar  day;  or 
who  takes,  catches,  kills,  or  has  in  his  possession  any  black  bass  of  less 
than  seven  inches  in  length  is  guilty  of  a  misdemeanor;  provided,  fur- 
ther, that  in  game  district  number  3  every  jjcrson  who  between  the 
first  day  of  January  and  the  first  day  of  May  of  each  year,  buvs, 
sells,  offers  for  sale,  takes,  catches,  kills,  or  has  in  his  possession  any 
black  bass;  or  who  at  any  time  except  with  hook  and  line  and  in  the 
manner  commonly  known  as  angling,  takes,  catches,  kills  any  black 
bass,  Sacramento  perch,  crappie,  blue-gill  sunfish  or  green  sunfish;  or 
who  takes,  catches,  kills,  or  has  in  his  possession  more  than  twenty-five 
black  bass  during  any  one  calendar  day;  or  who  takes,  catches,  kills, 
or  has  in  his  possession,  any  black  bass  of  less  than  seven  inches  in 
length;  or  who  sells  or  offers  for  sale  any  Sacramento  perch,  crappie, 
blue-gill  sunfish  or  green  sunfish  is  guilty  of  a  misdemeanor;  provided, 
further,  that  in  game  district  number  4  every  person  who  between 
the  thirtieth  day  of  November  and  the  first  day  of  May  of  each  year, 
buys,  sells,  offers  for  sale,  takes,  catches,  kills,  or  has  in  his  possession 
any  black  bass,  Sacramento  perch,  crappie  or  blue-gill  sunfish;  or  who 
at  any  time  except  with  hook  and  line  and  in  the  manner  commonly 
known  as  angling,  takes,  catches,  kills  any  black  bass,  Sacramento  perch, 
crappie  or  blue-gill  sunfish;  or  who  takes,  catches,  kills,  or  has  in  his 
possession  more  than  twenty-five  black  bass,  Sacramento  perch,  crappie 
or  blue-gill  sunfish  during  any  one  calendar  day;  or  who  takes,  catches, 
kills,  or  has  in  his  possession,  any  black  bass  of  less  than  seven  inches 
in  length  is  guilty  of  a  misdemeanor.  [Amendment  approved  June  16, 
1913;   Stats.  1913,  p.  lOOS.     In  effect  August  10,  1913.] 

Gathering  clams. 

§  628f.  Every  person  who  takes,  gathers,  catches  or  has  in  his  pos- 
session any  clam,  known  as  the  Pismo  clam  (Tivela  stultorum)  which 
shall  measure  less  than  thirteen  inches  around  the  outer  edge  of  the 
shell,  or  who  during  any  one  calendar  day  takes,  gathers,  catches,  or 
has  in  his  possession  more  than  two  hundred  of  said  clams  shall  be 
guilty  of  a  misdemeanor.  [New  section  approved  April  14,  1911;  Stats. 
1911,  p.  915.] 

Shipping  abalone  meat  prohibited.     Penalty. 

§  628g.  Every  person,  firm,  corporation  or  association  who  delivers, 
places    or   deposits   any   abalone   meat   fresh   or   dry,   with   any   railroad 


§§  628g-631d  PENAL  CODE.  213 

company,  steamship  company,  express  company,  or  other  common  car- 
rier, for  shipment  or  transportation  out  of  this  state,  and  every  railroad 
company,  steamship  company,  express  company,  or  other  common  carrier, 
who  receives  and  accepts  for  shipment  or  transportation,  or  who  ships, 
carries  or  transports  any  abalone  meat  fresh  or  dry,  or  in  cans  holding 
more  than  one  pint  beyond  the  confines  of  this  state,  shall  be  guilty  of 
a  misdemeanor.  [New  section  approved  June  16,  1913;  Stats.  1913,  p. 
985.     In  effect  August  10,  1913.] 

Another  §  G2Sg   was  passed  at  the  same  session  as  follows: 

Salt-water  perch. 

§  628g.  Every  person  who,  between  the  first  day  of  May  and  the 
fifteenth  day  of  July  of  any  year,  buys,  sells,  offers  for  sale,  ships  or 
offers  or  receives  for  shipment,  any  variety  of  salt-water  perch  (embio- 
tocidae),  is  guilty  of  a  misdemeanor.  [New  section  approved  June  16, 
1913;   Stats.  1913,  p.  986.     In  effect   August   10,   1913.] 

Another  }  628g  was  passed   at   the   same  session.      See  supra. 

Fish  business  without  license  misdemeanor. 

§  630.  Kvcry  persun  wlin  carries  on  the  business  of  purchasing,  sell- 
ing, and  dealing  in  fish  or  in  wild  game  or  wild  animals  by  wholesale 
in  this  state,  except  by  authority  of  a  license  is  guilty  of  a  misde- 
meanor.    [New  section  approved  April  14,  1911;  Stats.  1911,  p.  902.] 

Begister  of  fish  and  game  bought. 

§  630a.  Every  wholesale  tlcaler  in  fish  or  in  wiM  game  or  wild  ani- 
m.ils  wlio  buys  or  deals  in  the  fish  or  in  the  wild  game  or  animals  of 
this  state  for  profit,  shall  upon  receipt  or  purchase  of  any  fish  or  of  any 
wild  game  or  wild  animals  in  this  state,  enter  at  the  time  of  the  trans- 
action, in  a  registi'r  kept  by  him  for  that  purpose,  in  the  English 
language,  the  date,  the  kind  and  weight  of  fish  so  received  or  bought, 
and  the  date,  the  kind  and  number  of  wild  game  or  animals  so  received, 
or  bought,  and  the  name  and  the  residence  of  the  person  or  persons 
from  whom  tlie  same  was  received,  or  purcha'ed.  Every  jierson  who 
violates  anv  of  Ihe  provisions  of  this  section  is  guilty  of  a  misdemeanor. 
[New   section   approved   April    14,   1911;    Stats.    1911,'  p.   902.] 

Failure  to  produce  register  misdemeanor. 

§  630b.  Every  wholesale  dealer  for  profit  in  any  of  the  fish  or  wild 
game  or  animals  of  this  state  who  fails,  refuses,  or  neglects  to  produce 
for  inspection  his  register  to  any  fish  and  game  commissioner  of  this 
state,  or  any  duly  appointed,  qualified,  an<l  acting  assistant  thereof,  is 
guilty  of  a  misdemeanor.  [New  section  approved  .\pril  14,  1911;  Stats. 
1911,  p.  902.] 

License  to  raise  elk,  deer,  etc.,  as  a  business.     Fee. 

§  631d.  1.  Any  person  desiring  to  enijage  in  the  business  of  raising 
and     selling     donicstiratcd    .-\meriian    elk     (alecs    machlis),    mule     deer 


219  PENAL  CODE,  §  631d 

(c.xpreoliis  niacrotes),  black-tailpd  deer  (eapreolus  columbianiis),  white- 
tailed  deer  (eapreolus  leucurus),  European  red  deer  (cervus  elaphus), 
fallow  deer  (cervus  dama),  Hawaiian  or  common  Indian  deer  (cervulus 
nuintjac)  roebuck  (eapreolus  caprea),  pheasants  (phasianus  linnaeus), 
partridge  (phasianidae),  bob-white  quail  (ortyx  virginianus),  California 
valley  and  mountain  quail  (laportyx  californieus),  wild  duck  (anatidae) 
of  any  variety,  or  any  of  them,  in  a  wholly  inclosed  preserve  or  entire 
island  of  which  he  is  the  owner  or  lessee,  may  make  application  in  writ- 
ing to  the  state  board  of  fish  and  game  commissioners  for  a  license 
so  to  do.  The  said  board  of  fish  and  game  commissioners,  when  it  shall 
appear  that  said  api)lication  is  made  in  good  faith,  shall  upon  the  pay- 
ment of  a  fee  of  twenty-five  dollars,  issue  to  such  applicant  a  breeder's 
license  permitting  such  applicant  to  breed  and  raise  domesticated  Amer- 
ican elk,  mule  deer,  black-tailed  deer,  white-taile<l  deer.  European  red 
deer,  fallow  deer,  Hawaiian  or  common  Indian  deer,  roebuck,  pheasants, 
partridges,  bob-white  quail,  California  quail,  wild  ducks,  or  any  of  them 
as  hereto  designated  on  such  preserve  or  entire  island  and  to  sell  the 
same  alive  or  at  any  time  for  breeding  and  stocking  purposes  and  to 
kill  and  transport  the  same  and  sell  the  carcasses  thereof  for  food  as 
hereinafter  provided.  Such  license  shall  expire  on  the  last  day  of 
December  in  each  year  at  midnight. 

Manner  of  and  open  season  for  killing. 

2.  Any  person  to  whom  such  a  license  shall  have  been  issued  may 
kill  such  elk,  deer,  pheasants,  partridges,  quail  or  ducks  in  the  manner  and 
at  the  times  herein  set  forth,  as  follows:  deer  may  be  killed  by  shooting 
or  otherwise  between  the  fifteenth  day  of  August  and  the  first  day  of 
November,  both  inclusive.  Pheasants  or  partridges  may  be  killed  other- 
wise than  by  shooting  between  the  first  day  of  October  and  the  thirty- 
first  day  of  December,  both  inclusive.  Bob-white  and  California  quail 
may  be  killed  otherwise  than  by  shooting  between  the  first  day  of 
August  and  the  first  day  of  February,  both  inclusive.  Wild  ducks  may 
be  killed  otherwise  than  by  shooting  between  the  fifteenth  day  of 
October  and  the  first  day  of  March,  both  inclusive.  Any  person  may 
possess  or  sell  such  deer,  pheasants,  partridges,  quail  or  wild  duck  for 
food,  as  herein  set  forth.  A  breeder  of  pheasants  or  partridges,  under 
a  license  as  herewith  provided  may,  during  the  month  of  February,  kill 
by  shooting  his  surplus  cock  pheasants  or  cock  partridges,  provided  he 
shall  first  obtain  from  the  state  board  of  fish  and  game  commissioners  a 
permit  so  to  do. 

Tagging. 

3.  No  deer,  pheasants,  partridges,  quail  or  wild  ducks,  killed  as 
aforesaid  and  intended  for  sale,  shall  be  shipped,  transported,  sold  or 
offered  for  sale,  unless  each  quarter  and  each  loin  of  each  carcass  of  each 
deer  and  each  pheasant,  partridge,  quail  or  duck  shall  have  been  tagged 
under  the  supervision  of  the  state  board  of  fish  and  game  commissioners 


§  631d  PENAL   CODE.  220 

with  a  tag  or  seal  which  shall  be  supplied  bv  the  said  commissioners.  The 
quarters  and  loins  of  the  carcass  of  such  deer  ami  the  carcasses  of  such 
I)heasants,  partridges,  quail  or  ducks,  when  tagged  as  aforesaid,  may  be 
jfossessed,  sold  or  offered  for  sale  between  the  dates  hereinbefore  men- 
tioned as  the  dates  between  which  they  may  be  killed.  Every  game 
protector  or  person  designated  by  whom  such  deer,  pheasants,  partridges, 
quail  or  ducks  shall  have  been  tagged,  shall  within  five  days  thereafter, 
make  and  file  with  the  state  board  of  fish  and  game  commissioners  a 
written  report  thereof,  which  shall  contain  a  statement  of  the  name 
of  the  person  by  whom  such  deer,  pheasants,  partridges,  quail  or  ducks 
were  bred  or  raised  and  killed;  the  number  of  such  deer,  pheasants, 
partridges,  quail  or  ducks,  bo  killed,  and  the  name  of  the  person  or  per- 
sons to  whom  such  deer,  pheasants,  |>artridges,  quail  or  ducks  were 
sold   or  to  whom  they  were  transported. 

TrajQsportation. 

4.  Com  moil  carriers  may  receive  and  transport  during  the  open  sea- 
son therefor,  carcasses,  or  parts  thereof,  of  said  deer,  pheasants,  par- 
tri<lges,  quail  or  ducks  tagged  as  aforesaid  but  to  every  package  contain- 
ing such  carcasses  or  parts  thereof  shall  be  affixed  a  tag  or  label,  upon 
which  shall  be  plainly  printed  or  written  the  name  of  the  person  to 
whom  such  license  was  issued,  and  by  whom  such  deer,  pheasants,  par- 
tridges, quail  or  ducks  were  killed,  the  name  or  names  of  the  person  or 
persons  to  whom  such  deer,  pheasants,  partridges,  quail  or  ducks  are 
to  be  transported;  the  name  of  the  game  i)rotector  or  other  person 
by  whom  such  deer,  pheasants,  partridges,  quail  or  ducks  were  tagged, 
tiio  number  of  carcasses  or  portions  thereof  contained  therein,  and 
that  the  ileer,  pheasants,  jvtrtridges,  quail  or  ducks  were  killed  and 
tagged  in  actordanee  with  the  provisions  of  this  section. 

Sale. 

.').  No  person  shall  sell  or  offer  for  sale  any  venison  or  birds  killed 
and  tagged  as  aforesaid,  without  first  obtaining  a  U<"ense  so  to  do  from 
the  state  board  of  fish  and  game  commissioners,  upon  such  terms  and  con- 
ditions as  the  said  commissioners  may  prescribe  and  any  such  license 
may  be  revoked  for  suflicient  cause  at  the  pleasure  of  the  said  commis- 
sion. The  said  tags  or  seals  shall  remain  affixed  as  aforesaid  until  the 
quarters  or  loins  of  such  deer,  or  the  carca.<;ses  of  such  pheasants,  par- 
tridges, quail  or  ducks  shall  have  been  wholly  consumed,  and  the  sale 
of  a  quarter  or  loin,  or  any  larger  portion  of  such  deer,  or  the  carcass 
of  any  such  pheasant,  partridge,  quail  or  duck  which  shall  not  at  the 
time  have  affixed  thereto  the  tag  or  seal  aforesaid,  shall  constitute  a 
violation  of  this  section;  provided,  however,  that  the  keeper  of  a  hotel, 
or  restaurant,  a  boarding-house,  or  "a  retail  dealer  in  meat  or  a  club 
may  sell  portions  of  a  quarter  or  loin  of  any  such  deer,  or  the  carcass 
of  any  such  jdieasants,  partridge,  quail  or  duck  so  tagged  or  sealed  as 
aforesaid  to  a  jiatron  or  customer  for  actual  consumption,  aad  no  license 
shall  be  required  of  such  person  or  club. 


221  PENAL   CODE.  §  631d 

Reports. 

6.  On  or  before  the  first  day  of  April  of  each  year  every  person,  to 
whoim  a  license  shall  liave  been  issued  as  aforesaid  shall  make  a  report 
to  the  state  board  of  fish  and  game  commissioners,  covering  the  period 
from  the  first  day  of  August  of  the  preceding  year  to  the  first  day  of 
March,  both  inclusive,  of  the  year  in  which  the  report  is  made,  which 
said  report  shall  state  the  total  number  of  deer,  pheasant"^,  partridges, 
quail  or  ducks  killed,  sold  or  transported,  as  permitted  by  the  provisions 
of  this  section,  during  said  period.  Such  reports  shall  set  forth  the 
name  of  the  j)crson  to  whom  such  deer,  pheasants,  partridges,  quail  or 
ducks  were  sold  or  transported,  the  name  of  the  game  protector  or 
person  designated  in  whose  presence  such  elk,  deer,  pheasants,  par- 
tridges, quail  or  ducks  were  tagged,  and  such  reports  shall  be  verified 
by  the  affidavit  of  the  person  to  whom  such  license  was  issued  or  if 
the  license  was  issued  to  a  corporation,  then  by  the  officer  thereof. 

Selling  alive. 

7.  Any  person  to  whom  such  license  shall  have  been  issued  may  sell 
and  ship  alive  within  this  state  such  elk,  and  all  common  carriers  and 
transportation  companies  may  receive  and  carry  within  the  state  such 
live  elk  as  herein  set  forth,  upon  such  terms  and  conditions  as  the  said 
commissioners  may  prescribe. 

Trapping  wild  game  permitted. 

8.  For  the  purposes  of  this  act,  it  shall  be  lawful  for  the  fish  and  game 
commission  to  trap  and  take  alive  any  of  the  birds  or  animals  mentioned 
in  this  act  and  to  dispose  of  them  to  any  person  engaging  in  the 
domestication  and  sale  of  any  of  such  birds  or  animals  in  this  state, 
at  a  price  to  be  fixed  by  the  fish  and  game  commission;  provided, 
further,  that  no  birds  or  animals  mentioned  in  this  act  shall  be  sold 
to  any  person  until  such  person  shall  comply  with  all  the  requirements 
of  this  act. 

Disposition  of  receipts. 

9.  All  moneys  received  from  the  sale  of  any  birds  or  animals,  or 
tags  provided  for  in  this  act,  and  all  fines  and  forfeitures  imposed  and 
collected  for  any  violation  of  the  provisions  of  this  act  shall  be  paid 
into  the  state  treasury  to  the  credit  of  the  fish  and  game  preservation 
fund. 

Oeer  preserves  to  be  fenced. 

10.  A  preserve  used  for  the  breeding  of  elk  or  deer,  pursuant  to  this 
section,  shall  be  surrounded  by  a  fence  of  wire  or  other  material  of  a 
pattern  to  be  approved  by  the  state  board  of  fish  and  game  com- 
missioners and  of  a  height  of  not  less  than  seven  feet. 

Revocation  of  license. 

11.  If  any  person  to  whom  such  license  shall  have  been  issued  shall 
be  convicted  of  a  violation  of  the  fish  and  game  law,  the  state  board  of 


§  632  PENAL   CODE.  222 

fish    and    game    commissioners    may    revoke    the   license   of   siieh    person, 
and  thereafter  no  similar  license  shall  be  issued  to  such  person. 

Fees, 

12.  The  state  board  of  fish  and  game  commissioners  shall  be  entitled 
to  receive  and  collect  for  each  tag  or  seal  affixed  to  the  carcass  of  any 
animal  or  bird,  as  hereinbefore  provided,  the  sum  of  three  cents. 

Penalties. 

13.  Any  person  who  violates  or  fails  to  perform  any  duty  imposed 
by  any  of  the  provisions  of  this  art  is  giiilty  of  a  misdemeanor  and  is 
liable  to  a  penalty  of  one  hundred  dollars  and  an  ad«litional  penalty  of 
twenty  dollars  for  each  quadruped  or  bird  or  part  of  quadruped  or  bird 
bought,  sold,  or  offered  for  sale,  taken,  possessed,  transported  or  had  in 
possession  for  transportation  in  violation  thereof.  All  acts  or  parts  of 
acts,  relating  to  the  possession  of  game  in  its  wild  state,  that  may  be  in 
direct  conflict  with  or  in  opjiosition  to  the  enforcement  and  reasonable 
operation  of  this  act  are  hereby  repealed.  [New  section  approved 
.Tune   Ki,   lOl.T;  Stats.  1913,  p.  9'<\.'   In  efTect   August    10,   1013.] 

Protection  of  trout.  Game  district  No.  2.  Game  districts  Nos.  3  and  7. 
Game  district  No.  4.  Game  districts  Nos.  5  and  6.  Penalty. 
§  632.  Kvt'ry  ix-rson  who,  at  any  time  buys,  soils,  offers  or  exposes 
for  sale  any  trout  less  than  twelve  inches  in  length,  every  person  who, 
in  game  district  1.  between  the  thirtieth  day  of  November  and  the 
first  day  of  May  of  the  year  following,  buys,  sells,  offers  for  sale,  takes, 
catches,  kills,  (ir  has  in  his  possession  any  variety  of  trout;  or  who  takes, 
catches,  kills,  or  has  in  his  possession  during  any  one  calendar  day  more 
than  fifty  trout  or  ten  pounds  and  one  fish  or  one  fish  weighing  ten 
povinds  or  over,  or  who  takes,  catches,  kills  or  has  in  bis  possession  any 
trout,  taken,  except  with  hook  and  line  and  in  the  manner  commonly 
known  as  angling;  jirovi.lod,  further,  that  in  game  district  2,  every 
person  who,  between  the  thirty-first  day  of  October  and  the  sixteenth  day 
of  April  of  the  year  following,  buys,  sells,  offers  for  sale,  takes,  catches, 
kills,  or  has  in  his  possession  any  variety  of  trout  except  steelhead  trout, 
or  who  takes,  catches,  kills  or  has  in  his  possession  during  any  one  calen- 
dar dav  more  than  fifty  trout  exce]it  steelhead  trout  of  ten  pounds  and 
one  fish  or  one  fish  weighing  ten  pounds  or  over,  or  who  takes,  catches, 
kills,  or  has  in  his  possession  any  trout  other  than  steelhead  trout  taken 
except  with  hook  and  line  and  in  the  manner  commonly  known  as 
angling;  provided,  further,  that  in  game  districts  3  and  7,  every  person 
who,  between  the  thirty-first  day  of  October  and  the  first  day  of  May 
of  the  following  year,  buys,  sells,  offers  for  sale,  takes,  catches,  kills,  or 
has  in  his  ]iossession,  any  variety  of  trout,  or  who  at  any  time  takes, 
catches,  kills,  or  has  in  his  possession  during  any  one  calendar  day,  more 
th;in  fifty  trout  other  than  Salmo  inykiss  henshawii.  and  Salmo  tahoensis 
(also  known  as  Salmo  regalis)  both  s|iocios  being  known  as  Tahoe  trout, 
or  black  spotted  trout,  the  total  weight  of  which  exceeds  ten  pounds  and 


223  PENAL   CODE.  §  632 

one  fish  or  one  fish  weighing  ton  pounds  or  over,  or  who  takes,  catches, 
kills,  ur  has  in  his  possession  any  trout  taken  except  with  hook  and 
line  and  iu  the  manner  commonly  known  as  angling;  provided,  fiirthfr, 
that,  every  person  who,  between  the  thirty-first  day  of  October  and  the 
first  day  of  August  of  the  year  following,  buys,  sells,  oflFers  for  sale, 
takes,  catches,  kills,  or  has  in  his  possession  any  trout  taken  within  three 
hundred  feet  of  the  mouth  of  any  stream  flowing  into  any  lake;  pro- 
vided, that  it  shall  be  unlawful  to  take,  catch  or  kill  trout  within  two 
thousand  five  hundred  feet  of  the  mouth  of  Blackwood  creek  or  Taylor 
creek  or  within  five  hundred  feet  of  the  moiith  of  any  other  stream  flow- 
ing into  Lake  Bigler  (Tahoe)  from  the  mouth  of  any  stream  in  any 
direction  in  the  lake,  or  who  takes,  catches,  or  kills,  or  has  in  his  pos- 
session any  trout  taken  from  any  stream  flowing  into  Lake  Bigler 
(Tahoe)  two  miles  from  its  mouth  towards  its  source  between  May  1st 
and  August  1st;  provided,  further,  that  it  shall  be  unlawful  to  sell  Salmo 
mvkiss  henshawii,  Salmo  tahoensis  (also  known  as  the  Salmo  regalis) 
both  species  commonly  known  as  cutthroat  trout,  Tahoe  trout,  or  black 
spotted  trout,  of  not  less  than  twelve  inches  in  length;  provided,  that 
any  person  who  takes,  catches,  kills,  buys,  sells,  offers  for  sale,  or  has 
in  possession  more  than  twenty  Salmo  mvkiss  henshawii,  Salmo  tahoen- 
sis (also  known  as  Salmo  regalis)  both  species  known  as  Tahoe  trout, 
cutthroat  trout  or  black  spotted  trout,  in  any  one  calendar  day;  pro- 
vided, further,  that  in  game  district  4  every  person  who.  between  the 
thirtieth  day  of  November  and  the  first  day  of  May  of  the  year  follow- 
ing buys,  sells,  takes,  catches,  kills,  or  has  in  his  possession  any  varifty 
of  trout,  except  steelhead  trout;  or  who  at  any  time,  takes,  catches,  kills, 
buys,  sells,  offers  for  sale,  or  has  in  his  possession,  during  any  one  calen- 
dar day  more  than  fifty  trout,  except  steelhead  trout,  or  ten  pounds 
and  one  fish  or  one  fish  M'eighing  ten  pounds  or  over,  or  who  takes, 
catches,  kills,  or  has  in  his  possession  any  trout  taken  except  with  hook 
and  line  and  in  the  manner  commonly  known  as  angling;  provided,  fur- 
ther, that  in  game  districts  5  and  6,  every  person  who,  between  the 
thirty-first  day  of  October  and  the  first  day  of  April  of  the  following 
year,  buys,  sells,  takes,  catches,  kills,  or  has  in  his  possession  any  variety 
of  trout  except  steelhead  trout,  or  who  at  any  time,  takes,  catches,  or 
kills,  any  trout  except  with  hook  and  line  in  the  manner  commonly  known 
as  angling,  or  who  at  any  time,  takes,  catches,  or  kills,  or  has  in  his 
possession,  during  any  one  calendar  day,  more  than  fifty  trout,  or  ten 
pounds  and  one  fish  or  one  fish  weighing  ten  pounds  or  over,  other  than 
steelhead  trout,  is  guilty  of  a  misdemeanor.  The  A'iolation  of  any  of  the 
provisions  of  this  section  is  hereby  declared  a  misdemeanor,  and  every 
person  found  guilty  of  any  violation  of  any  of  the  provisions  of  this 
act,  must  be  fined  in  a  sum  not  less  than  twenty-five  dollars,  nor  more 
than  five  hundred  dollars,  or  be  imprisoned  in  the  county  jail  in  the 
county  in  which  the  conviction  shall  be  had  not  less  than  ten  days  nor 
more  than  six  months,  or  by  both  such  fine  and  imprisonment;  and  all 
fines  and  forfeitures  collected  for  any  violation  of  any  of  the  provisions 


§§  632b3-632i/2        penal  code.  224 

of  this  section  must  be  paid  into  the  state  treasury  to  the  credit  of  the 
fish  and  game  preservation  fund.  It  shall  be  unlawful  for  any  person 
to  take,  catch,  kill,  or  have  in  possession,  in  any  district  in  this  state, 
any  white  fish  during  the  time  it  is  unlawful  to  catch,  kill,  or  have  in 
possession  any  trout  in  such  district.  Nothing  in  this  section  prohibits 
the  fish  and  game  commission  of  this  state  from  taking  at  all  times 
such  trout  as  they  deem  necessary  for  purposes  of  propagation  or  for 
scientific  purposes.  (Amendment  approved  June  16,  1913;  Stats.  1913. 
p.  1004.     In  effect  August  10.  1913.] 

Also   amended   April    1,    1911    ( StatB.    1911,   p.   563). 

Use  of  salmon  or  steelhead  roe  as  bait  prohibited. 

§  632b3.  Sometimes  do.sij,'nated  as  63:2  {.i).  [Repealed  March  9,  1911; 
Stats.   1911,  p.  319.] 

Fishing  through  ice. 

§  632  (4).  Kvcry  person  who  at  any  time  fi-shes  through  the  ice  formed 
on  any  of  the  waters  of  this  state,  or  who  attempts,  iu  any  manner  to 
take,  catch,  or  kill  any  fish  inhabiting  the  waters  beneath  such  ice,  is 
guilty  of  a  misdemeanor.  [New  section  approved  February  23,  1911; 
Stats.  1911,  p.  74.] 

Protection  of  steelhead  trout.     Penalty. 

§  632V2'  Hvery  person  who,  between  the  first  day  of  Deeember  and 
the  first  day  of  April  of  the  year  following,  takes,  catches,  kills,  destroys, 
or  has  in  his  jiossession,  any  steelhead  trout  taken  above  tide  water;  or 
who  between  the  first  day  of  January  and  the  first  day  of  April  of  the 
same  year,  takes,  catches,  kills  or  has  in  his  possession  any  steelhead 
trout  taken,  caught  or  killed  in  tide  or  braekish  waters;  or  who.  at  any 
time,  takes,  catches,  or  kills  any  steelhead  trout,  except  with  hook  and 
line  used  in  the  manner  commonly  known  as  angling;  or  who  has  in  his 
possession  any  steelhead  trout  which  have  been  taken,  caught,  or  killed, 
exceid  with  hook  ami  line;  or  who,  at  any  time,  takes,  catches,  kills  or 
has  in  his  j)ossession,  during  any  one  calendar  day,  more  than  fifty  steel- 
head trout;  or  who,  at  any  time,  takes,  catches,  kills  or  has  in  his  pos- 
session, during  auy  one  calendar  day,  steelhead  trout,  the  total  weight 
of  which  exceeds  thirty  poumls  caught,  taken,  or  killed  in  the  waters 
of  this  state;  or  who  buys,  sells,  offers  or  exposes  for  sale  any  steelhead 
trout  less  than  twelve  (12)  inches  in  length,  or  any  steelhead  trout  of 
less  than  one  pound  in  weight,  is  guilty  of  a  misdemeanor.  Every  per- 
son who  offers  for  shipment,  ships,  carries,  transports,  or  who  receives 
for  shipment  or  transportation  from  the  state  of  California  to  any  place 
in  any  other  state,  territory,  or  foreign  country  any  steelhead  trout,  or 
other  trout  caught,  or  taken  in  the  waters  of  this  state,  is  guilty  of  a 
misdemeanor;  provided  always,  that  the  possession  of  such  steelhead 
trout  or  other  trout  shall  be  prima  facie  evidence  of  the  fact  that  such 
steelhead  trout  or  other  trout  were  caught  or  taken  in  the  waters  of  this 


225  PENAL    CODE.  §  634 

state;  provideil,  further,  that  nothing  herein  shall  apply  to  domestically 
reared  stoelhead  trout  or  other  trout  raised  in  captivity.  Every  perion 
found  guilty  of  any  violation  of  any  of  the  provisions  of  this  section 
must  be  fined  in  a  sum  not  less  than  twenty  dollars,  nor  more  than  two 
hundred  dollars,  or  be  imprisoned  in  the  county  jail  in  the  county  in 
which  the  conviction  shall  be  had,  not  less  than  ten  days  nor  more  than 
sixty  days,  or  by  both  such  fine  and  imprisonment,  and  all  fines  col- 
lected for  any  violation  of  any  of  the  provisions  of  this  section  must  be 
l>aid  into  the  state  treasury,  to  the  credit  of  the  fish  and  game  preserva- 
tion fund.  Nothing;  in  this  section  shall  prohibit  the  Tuited  States  fish 
cumMiission  and  the  fish  and  ^nme  commission  of  this  state  from  taking 
at  all  times  such  stoelhead  trout  or  other  trout  as  they  deem  necessary 
for  the  jiurpose  of  propagation  or  for  scientific  purposes.  [Amendment 
approved  June  16,  1913;  Stats.  1913,  p.  lOUG.  In  effect  August  10,  1913.] 
Also   amended    March   8,    1911    (Slats.    1911,   p.   314). 

Protection  of  salmon,  shad  and  bass.  Use  of  nets.  San  Francisco  bay. 
Eel  river.  Mad  river.  Klamath  river.  Misdemeanor.  Sale  of  sal- 
mon lawfully  taken.  Tidewater  in  Eel  river.  Penalty. 
§  634.  Every  person  who,  between  the  twentieth  day  of  September 
and  the  fifteenth  day  of  November  of  each  year,  except  with  spear  or 
hook  and  line,  said  hook  and  line  to  be  used  in  the  manner  known  as 
angling,  takes,  catches  or  kills,  any  salmon,  shad  or  stripe<l  bass;  every 
person  who,  between  the  twentieth  day  of  September  and  the  fifteenth 
day  of  November  of  each  year,  takes,  catches  or  kills  or  has  in  his  pos- 
session more  than  three  fresh  salmon  or  more  than  ten  striped  bass  or 
shad  in  any  one  calendar  day;  every  person  who  buys,  sells,  offers  or 
exposes  for  sale  any  fresh  salmon,  shad  or  striped  bass  between  the 
twentieth  day  of  September  and  the  fifteenth  day  of  November  of  each 
year;  every  person  who  buys,  sells  or  offers  for  sale  any  quinnat  salmon 
of  less  than  five  pounds  in  weight;  every  person  who  shall  cast,  extend 
or  driiw,  or  assist  in  casting,  extending  or  drawing  any  net  or  seine  for 
the  ]iurpose  of  taking  or  catching  salmon,  shad  or  striped  bass  in  any 
of  the  waters  in  this  state,  at  any  time  between  sunrise  of  each  Satur- 
day and  sunset  of  the  following  Sunday;  every  person  who  takes,  catches 
or  kills  salmon,  shad  or  striped  bass  in  any  of  the  waters  of  this  state 
with  any  seine  or  net,  dragnet  or  paranzella  any  of  the  meshes  of  which 
are,  when  drawn  closely  together  and  measured  inside  the  knots  less 
than  six  and  one-half  inches  or  more  than  nine  and  one-quarter  inches 
in  length;  provided,  that  any  person  may  take,  catch  or  kill  striped  bass, 
in  the  bay  of  San  Francisco  and  San  Pablo  bay  as  far  up  as  the  Valle.jo 
light  at  the  mouth  of  Napa  creek,  with  a  net,  dragnet  or  paranzella,  the 
meshes  of  which  are,  when  drawn  closely  together  and  measured  inside 
the  knots,  not  less  than  five  inches;  provided,  that,  until  July  1,  1914, 
it  shall  be  lawful  to  take,  catch,  kill,  or  destroy  striped  bass  or  shad 
with  nets  the  meshes  of  which  are  when  drawn  closely  together  and 
measured  inside  the  knots  five  and  one-half  inches  or  more  in  length, 
15 


§634 


PENAL   CODE.  226 


Bubject  to  the  seasons  herein  set  forth;  every  person  who  taltes.  catches 
or  kills  any  salmon,  shad  or  striped  bass  with  any  seine  or  net.  the 
cork  line  of  which  shall  be  submerged  below  the  surface  of  the  water; 
every  person  who  shall  cast,  extend  or  draw,  or  assist  in  casting,  extend- 
ing or  drawing  any  net,  seine,  dragnet  or  paranzella,  for  the  purpose  of 
taking  or  catching  salmon  in  the  waters  of  Eel  river  above  East's  ferry 
in  Humboldt  county;  every  person  who  shall  take,  catch  or  kill  any 
salmon  except  with  hook  and  line  within  two  miles  of  where  a  state 
or  Ihiitod  States  hatchery  or  egg  collecting  station  is  located;  every 
person  who  shall  cast,  extend  or  draw,  or  assist  in  casting,  extending 
or  drawing,  any  net,  seine,  dragnet  or  paranzella  for  the  purjiose  of  tak- 
ing salmon  in  the  waters  of  Mad  river  above  Carson's  bridge  jn  Humboldt 
county,  or  who  shall  take,  catch  or  kill  any  salmon  in  the  waters  of 
Mad  river  at  any  time  except  with  spear,  hook  and  line  or  gill  net,  the 
meshes  of  which  gill  net  are,  when  drawn  closely  together  and  measured 
inside  the  knots,  six  and  one-half  inches  or  more  in  length,  saicl  gill 
nets  to  be  usoii  only  as  hereinafter  provided  for,  is  guilty  of  a  misde- 
meannr;  provided,  that  it  shall  be  lawful  to  take,  catch,  or  kill  salmon 
in  the  waters  of  the  Klamath  river  between  the  fifteenth  day  of  June 
and  the  fifth  day  of  September  of  each  year,  with  spear,  hook  and  line 
or  gill  net,  the  meshes  of  which  gill  net  are.  when  ilrawn  closely  together 
and  measured  inside  the  knots,  six  and  one-half  inches  or  more  in  length, 
and  it  shall  be  lawful  to  take,  catch  or  kill  salmon  in  the  waters  of 
Klamath  river  l)etween  the  twentieth  day  of  September  and  the  first 
day  of  November  of  each  j-ear  with  spear,  hook  and  line  or  gill  net, 
the  meshes  of  which  gill  net  are,  when  drawn  closely  together  and  meas- 
ured inside  the  knots,  six  inches  or  more  in  length;  and  every  person 
who  takes,  catches  or  kills  salmon  in  said  Klamath  river  except  with 
hook  and  line  or  spear,  between  the  first  day  of  November  and  the 
fifteenth  day  of  June,  and  the  fifth  day  of  September  and  the  twentieth 
day  of  Sejdember,  is  guilty  of  a  misdemeanor;  provideil,  further,  that  it 
shall  be  lawful  to  take,  catch  or  kill  salmon  in  Eel  river  in  tide. water 
between  the  twenty-third  day  of  October  and  the  first  day  of  February 
of  the  following  year,  and  to  take,  catch  or  kill  salmon  in  the  waters 
of  Eel  river  fromEast's  ferry  down  to  its  mouth  in  the  ocean  with  gill 
nets,  the  meshes  of  which  are.  when  drawn  closely  together  and  measured 
inside  the  knots,  six  and  one-half  inches  or  more  in  length,  between  the 
fifteenth  day  of  November  and  the  first  day  of  February  of  the  year 
following;  and  every  person  who  takes,  catches  or  kills  any  salmon 
in  tide  water  in  Eel  river  except  with  spear  or  huok  and  line  between 
the  first  day  of  F'ebruary  and  the  twenty-third  day  of  October,  and 
eve'ry  person  who  at  any  time  takes,  catches  or  kills  any  salmon  above 
tide  water  in  Eel  river  except  with  sjtear  or  hook  and  line,  or  gill  nets 
as  herein  provided  for,  is  guilty  of  a  misdemeanor;  and  provided,  fur- 
ther, that  it  shall  be  lawful  to  take,  catch  or  kill  salmon  in  Mad  river 
from  its  mouth  in  the  ocean  to  Carson's  bridge  with  gill  nets,  the  meshes 
thereof   which   are,  when   drawn   close   up  together  and  measured   inside 


2271  PENAL   CODE.  §  6341/2 

the  knots,  six  and  one-half  inches  or  more  in  length,  between  the  twenty- 
third  day  of  October  and  the  first  day  of  February  of  the  year  follow- 
ing; and  provided,  further,  that  every  person  who  takes,  catches,  or  kills 
any  salmon  at  any  time  in  any  stream,  river,  creek  or  lagoon  in  fish 
and  game  districts  number  5  or  6,  excluding  the  San  Joaquin  river,  ex- 
cept with  hook  and  line  in  the  manner  known  as  angling  is  guilty  of  a 
misdemeanor. 

The  provisions  of  this  section  shall  not  prohibit  the  possession,  pur- 
chase, sale,  or  offer  or  exposure  for  sale  or  shipment  of  any  salmon 
lawfully  taken  in  the  waters  of  this  state  when  the  same  shall  be  accom- 
panied by  an  invoice  in  duplicate  showing  the  name  and  address  of  the 
consignor  and  consignee  and  bearing,  after  inspection,  such  evidence  of 
having  been  so  caught  or  taken  as  shall  be  required  by  the  fish  and  game 
commission;  and  the  cost  of  such  inspection  and  marking  must  be  paid 
by  the  person  or  persons  submitting  such  salmon  for  inspection  and 
marking. 

In  the  construction  of  this  section,  limits  of  tide  water  in  Eel  river 
in  Humboldt  county  shall  be  deemed  to  extend  from  its  mouth  to  the 
county  concrete  bridge  below  Fortuna;  and  in  the  Klamath  river  to  a 
point  on  the  river  north  of  the  residence  of  James  McGarvey;  and  in 
Smith  river  in  Del  Norte  county  from  its  mouth  to  Higgins  ferry. 

Nothing  in  this  section  shall  prevent  the  United  States  bureau  of 
fisheries  or  the  fish  and  game  commission  of  this  state  from  taking  at  all 
times  such  fish  as  they  deem  necessary  for  the  purpose  of  artificial  hatch- 
ing. 

Any  violation  of  any  of  the  provisions  of  this  section  shall  be  punish- 
able by  a  fine  of  not  more  than  five  hundred  dollars  or  by  imprisonment 
in  the  county  jail  in  the  county  in  which  the  conviction  shall  be  had  or 
not  more  than  six  months  or  by  both  such  fine  and  imprisonment,  and  all 
fines  and  forfeitures  imposed  and  collected  for  any  violation  of  the  pro 
visions  of  this  section  shall  be  paid  into  the  fish  and  game  preservatioil 
fund.  [Amendment  approved  June  16,  1913;  Stats.  1913,  p.  990.  In 
effect  August  10,  1913.] 

Also   amended  April  1,  1911    (Stats.   1911,  p.  563). 
Citations.      App.   8/637. 

Fishing  near  Santa  Catalina  limited  to  hook  and  line. 

§  634^2-  Every  person  who  takes,  catches,  or  kills  any  fish  except 
with  hook  and  line  in  the  manner  commonly  known  as  angling  within 
three  miles  of  shore  line  of  Santa  Catalina  island,  is  guilty  of  a  misde- 
meanor. Every  person  found  guilty  of  any  of  the  provisions  of  this 
section  must  be  fined  not  less  than  twenty  dollars  nor  more  than  five 
hundred  dollars,  or  be  imprisoned  in  the  county  jail  of  the  county  in 
which  the  conviction  shall  be  had,  not  less  than  ten  days  nor  more  than 
one  hundred  and  fifty  days,  or  be  punished  by  both  such  fine  and  im- 
prisonment; and  all  fines  or  forfeitures  imposed  and  collected  for  any 
violation  of  any  of  the  provisions  of  this  section  must  be  paid  into  the 


§§  6351/2, 636  PENAL  CODE.  228 

state  treasury  to  the  credit  of  the  fish  and  game  preservation  fund. 
Nothing  in  this  section  prohibits  the  United  States  fish  commission  and 
the  fish  and  game  commission  of  this  state  from  taking  at  all  times  surh 
fish  and  in  such  manner  as  they  deem  necessary  for  purposes  of  propaga- 
tion or  for  scientific  purposes.  [New  section  approved  May  30,  1913; 
Stats.  1913,  p.  337.     In  effect  August  10,  1913.] 

Use  of  two-mesh  fish  net  a  misdemeanor. 

§  635'/2-  Kvpry  jj"  rson  who  at  any  time  shall  cast,  extend  or  use  any 
two-mosh  or  three-mesh  net  or  trammel  net  for  the  catching  of  fish, 
Bhrimji  or  shellfish  in  the  waters  of  this  state  is  guilty  of  a  misdemeanor; 
and  all  the  fines  imposed  and  collectfd  for  any  violation  of  any  of  the 
provisions  of  this  section  shall  be  paid  into  the  state  treasury  to  the 
credit  of  the  fish  and  game  preservation  fund.  [N^w  sei-tion  approved 
April  8,  1911;  Stats.  1911,  p.  807.] 

Use  of  Chinese  shrimp  nets,  etc.,  prohibited.  Fyke  nets,  etc.,  permitted. 
Set-nets.  Penalty. 
§  636.  Every  jier^on  who  shall  cast,  extentl,  use,  or  continue,  or  who 
shall  assist  in  casting,  extending,  using,,  or  continuing,  any  "Chinese 
shrimp  or  hag-net,"  or  a  net  of  simil.ir  character,  for  the  catching  of 
fish,  shellfish,  shrimp,  or  crabs,  in  the  waters  of  this  state;  every  person 
who  shall  cast,  extend,  set.  use,  or  continue,  or  have  in  his  possession, 
or  who  shall  assist  in  casting,  extending,  or  using  "Chinese  sturgeon 
lines,"  set-lines,  or  lines  of  a  similar  character;  every  person  who  shall 
set,  use,  or  continue,  or  shall  assist  in  setting,  using,  or  continuing,  any 
pound,  weir,  set-net.  set-line,  trap,  "Chinese  shrimp  or  bag-net,"  or  any 
other  fixed  or  permanent  contrivance  for  catching  fish,  shellfish,  .shrimp, 
or  crabs,  in  the  waters  of  this  state,  shall  be  guilty  of  a  misdemeanor; 
provided,  that  it.  sh.nll  be  lawful  to  use  fyke  nets,  without  wings,  for 
the  purpose  of  catching  catfish  in  the  San  .Joaquin  river  and  tributaries 
between  the  mouth  of  said  river  and  the  south  boundary  of  San  .Joaquin 
county,  between  the  first  day  of  .\ugust  and  the  first  day  of  June  of  the 
year  following;  and  provided,  that  it  shall  be  lawful  "to  use  two-mesh 
or  three-mesh  or  trammel  nets,  the  meshes  ')f  which,  when  drawn  closely 
together  and  measured  inside  the  knots,  shall  measure  nine  inches  or 
more  in  length,  in  the  waters  of  the  Pacific  Ocean,  outside  of  one  mile 
from  the  shore  line  thereof;  and  proviiled  further,  that  it  shall  be  law- 
ful to  use  two-mesh  or  three-mesh  or  trammel  nets,  the  meshes  of  which 
when  drawn  closely  tojjether  and  measured  inside  the  knots,  shall  measure 
seven  and  one-haif  inches  or  more  in  length,  in  the  waters  of  Monterey 
bay,  outside  of  one  mile  from  the  shore  line  thereof,  and  outside  of  exist- 
ing fish  and  animal  reservations  and  outside  of  an  imaginary  line  in 
said  bay,  drawn  frouj  the  outer  end  of  the  Moss  Landing  wharf  just 
south  of  the  mouth  of  Elkhorn  slough,  northerly  and  westerly  to  Point 
Santa  Cruz;  and  provided  further,  that  no  person  shall  cast,  extend 
or  use  any  two-mosh  or  thrce-mesh  or  trammel  net  and  permit  such  net 


229  PENAL  CODE.         §§  636i/o-636b 

to  remain  in  a  fixed  or  set  condition  for  a  period  of  time  of  more  than 
six  hours  from  the  time  of  casting,  extending  or  setting  such  net,  with- 
out taking  up  such  net  and  removing  any  fish  that  may  have  been  taken 
therein! 

For  the  purposes  and  in  the  meaning  of  this  section,  every  net  shall 
be  considered  a  set-net  that  is  secured  in  any  way  and  is  not  free  to  drift 
with  the  current  or  tide. 

Any  person  violating  any  of  the  jirovisions  of  this  section  shall  be 
guilty  of  a  misdemeanor,  and  upon  convictijn  thereof  shall  be  punished 
by  a  fine  of  not  less  than  one  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  in  the  county  in  which  conviction  shall  be  had,  not  less  than 
fifty  days,  or  by  both  such  fine  and  imprisonment;  and  all  fines  or  for- 
feitures imposed  and  collected  for  any  violation  of  any  of  the  provisions 
of  this  section  shall  be  paid  into  the  state  treasury  to  the  credit  of  the 
fish  and  game  preservation  fun<l.  [Amendment  approved  June  IG,  1913; 
Stats.  1913,  p.  952.     In  effect  August  10,  1913.] 

Also   amended  April   1,    1911    (Stats.    1911,   p.   564). 
Citations.      App.   12/589;    14/2tfl. 

Penalty  for  using  paranzella  nets. 

§  6361/2-  Every  person  who  at  any  time  shall  cast,  extend,  set,  draw, 
use,  or  continue  or  assist  in  casting,  extending,  setting,  drawing,  using, 
or  continuing,  any  paranzella  or  trawl  net,  for  catching  fi.sh,  shellfish, 
shrimp,  or  crabs  in  the  waters  of  fish  and  game  district  6  or  in  the 
waters  of  Monterey  bay  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction shall  be  punishable  by  a  fine  of  not  less  than  two  hundred  and 
fifty  dollars,  or  by  imprisonment  in  the  county  jail  in  the  county  in 
which  the  conviction  shall  be  had,  not  less  than  one  hundred  and  twenty- 
five  days,  or  by  both  such  fine  and  imprisoument;  and  all  the  fines  and 
forfeitures  imposed  and  collected  for  any  violation  of  any  of  the  pro- 
visions of  this  section  shall  be  paid  into  the  state  treasury  to  the  credit 
of  the  fish  and  game  preservation  fund.  [Xew  section  approved  June  16, 
1913j  Stats.  1913,  p.  979.     In  effect  August  10,  1913.] 

Seining  in  Mokeliunne  river  prohibited. 

§  636b,  Any  person  who,  in  the  waters  of  Mokelunine  river  in  the 
state  of  California,  shall  use  any  weir,  dam,  net,  traj)  or  seine  of  any 
description,  for  the  purpose  of  catching  fish  or  who  shall,  in  these  waters, 
take  any  fish  from  any  weir,  dam,  net,  trap  or  seine  is  guilty  of  a  misde- 
meanor and  is  punishable  by  a  fine  of  not  less  than  ten  dollars  nor  more 
than  fifty  dollars,  or  shall  be  imprisoned  in  the  county  jail  in  which 
the  conviction  shall  be  had  for  not  less  than  five  days  or  more  than 
twenty-five  days  or  by  both  such  fine  and  imprisonment;  and  all  fines 
imposed  and  collected  from  any  violation  of  any  of  the  provisions  of  this 
section  shall  be  paid  into  the  state  treasury  to  the  credit  of  the  "fish 
commission  fund."  [New  section  approved  April  8,  1911:  Stats,  1911, 
p.  812.] 


§§  641-650a  penal  code.  230 

§  641. 

CiUtions.      App.  11/573. 

Enticing  seamen  to  desert. 

§  6i4.      [Repealed  February  22,  1911;  Stats.  U^ll.  r.    71] 

Who  is  a  vagrant.     Punishment. 

§  647.  1.  Every  person  (except  a  California  ImJiiin)  -without  viaible 
means  of  living  who  has  the  physical  ability  to  work,  and  who  does  not 
seek  employment,  nor  labor  when  employment  is  offered  him;  or 

2.  Every  beggar  who  solicits  alms  as  a  business;  or, 

3.  Every  person  who  roams  about  from  place  to  place  without  any 
lawful  business;  or, 

4.  Every  person  known  to  be  a  pickpocket,  thief,  burglar  or  confidence 
operator,  either  by  his  own  confession,  or  by  his  having  been  convicted 
of  either  su<h  offenses,  and  having  no  visible  or  lawful  means  of  support, 
when  found  loitering  around  any  steamboat  landing,  railroad  depot, 
backing  institution,  broker's  office,  place  of  amusement,  auction-room, 
store,  shop  or  crowded  thoroughfare,  car,  or  omnibus,  or  any  public 
gathering  or  assembly;  or, 

6.  Every  idle,  or  lewd,  or  dissolute  person,  or  associate  of  known 
thieves;  or, 

6.  Every  person  who  wanders  about  the  streets  at  late  or  unusual 
hours  of  the  night,  without  any  visible  or  lawful  business;  or, 

7.  Every  person  who  lodges  in  any  barn,  shed,  shop,  outhouse,  vessel, 
or  place  other  than  such  as  is  kept  for  lodging  purposes,  without  the 
permission  of  the  owner  or  party  entitled  to  the  possession  thereof;   or, 

8.  Every  person  who  lives  in  and  about  houses  of  ill-fame;  or, 

9.  Every  person  who  acts  as  a  runner  or  capper  for  attorneys  in  and 
about  police  courts  or  city  prisons;  or, 

10.  Every   common    prostitute;    or, 

11.  Ever)'  common  drunkard. 

Is  a  vagrant  and  is  punishable  by  a  fine  of  not  exceeding  five  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  not  exceeding  six  mouths, 
or  by  both  such  fine  and  imprisonment.  [.Vmendment  became  a  law, 
under  constitutional  provisions,  without  governor's  approval,  March  28, 
lyil;    Stats.    1911,  p.  508.] 

Citations.      App.   12/146;    (subd.   6)    16/270,   271. 

Exposure  of  paroled  prisoners  prohibited. 

§  650a.  Any  person  who  kuowinyly  and  willfully  communicates  to 
another,  either  orally  or  in  writing,  any  statement  concerning  any  per- 
son then  or  theretofore  convicted  of  a  felony,  and  then  either  on  parole 
or  finally  discharged,  and  which  communication  is  made  with  the  purpose 
and  intent  to  deprive  said  person  so  convicted  of  employment,  or  to  pre- 
vent him  from  procuring  the  same,  or  with  the  purpose  and  intent  to 
extort   from   him   any   money   or   article   of   value;   and   any   person   who 


231  PENAL  CODE.  §§  653e-664 

threatens  to  make  any  said  communication  with  the  purpose  anJ  intent 
to  extort  money  or  any  article  of  value  from  said  person  so  convicted 
of  a  felony,  is  guilty  of  misdemeanor.  [New  section  approved  June  16, 
1913;  Stats.  1913,  p.' 1010      In  effect  August  10,  1913.] 

Blacklisting  of  former  employees  prohibited.  Penalty.  May  furnish 
truthful  statement. 
§  653e.  Any  person,  firm  or  corporation,  or  officer  or  director  of  a  cor- 
poration, or  superintendent,  manager  or  other  agent  of  such  person,  firm 
or  corporation  who,  after  having  discharged  an  employee  from  the  ser- 
vice of  such  person,  firm  or  corporation  or  after  having  paid  off  an  em- 
ployee voluntarily  leaving  such  service,  shall,  by  word,  writing  or  any 
other  means  whatsoever,  misrepresent  and  thereby  prevent  or  attempt 
to  prevent  such  former  employee  from  obtaining  enijiloymcnt  with  any 
other  person,  firm  or  corporation,  shall  be  punished  by  a  fine  not  exceed- 
ing two  thousand  dollars  and  shall  be  liable  in  treble  damages  to  any 
Buch  employee  sustaining  damages  through  a  violation  of  this  section. 
Any  person,  firm  or  corj)oration  who  shall  knowingly  cause,  suffer  or 
permit  an  agent,  superintendent,  manager  or  other  employee  in  his  or  its 
employ  to  commit  a  violation  of  this  section,  or  who  shall  fail  to  take 
all  reasonable  steps  within  his  or  its  power  to  prevent  such  violation  of 
this  act,  shall  be  guilty  of  a  violation  of  the  provisions  of  this  section 
and  be  subject  to  the  penalty  hereinbefore  provided.  Nothing  in  this 
section  shall  be  construed  to  prevent  an  employer  as  hereinbefore  de- 
fined or  an  agent,  employee,  superintendent  or  manager  of  such  employer 
to  furnish,  upon  special  request  therefor,  a  truthful  statement  concerning 
the  reason  for  the  discharge  of  an  employee  or  why  an  emploj'ee  volun- 
tarily left  the  service  of  the  employer;  provided,  however,  that  if  such 
statement  shall  in  connection  therewith  furnish  any  mark,  sign  or  other 
means  whatexer  conveying  information  different  from  that  expressed 
by  words  therein,  such  fact,  or  the  fact  that  such  statement  or  other 
means  of  furnishing  information  was  given  without  a  special  request 
therefor,  shall  be  prima  facie  evidence  of  a  violation  of  the  provisions 
of  this  section.  [New  section  approved  June  12,  1913;  Stats.  1913,  p.  712. 
In  effect  August  10,  1913.] 

§  654. 

Citations.     Cal.   161/442. 

§  658. 

Citations.      Cal.   160/383. 

§  659. 

Citations.     App.  8/352. 

§  664. 

Citations.      Cal.   161/442. 


§§  666-686 

§  666. 

Citations.      Cal.   156/738. 

§  667. 

Citations.     Cal.  156/738. 

§  668. 

Citations.      Cal.   156/738. 

§  669. 

Citations.      Cal.    160/358. 


PENAL   CODE. 


232 


§  670. 

Citations. 


App.   8/370.  371. 


Cruel  punishment  in  prisons  prohibited, 

§  681.  It  shall  be  unlawful  to  utie  in  the  prisons  or  reformatory  in- 
stitutions of  this  state  any  cruel  or  unusual  punishments;  and  punish- 
ment by  the  use  of  the  straight-jacket,  gag,  thumb-screw,  shower-bath, 
or  the  tricing-up  of  prisoners  is  hereby  prohibited.  [New  section  up- 
proved  .June   16,   1913;   Stats.   1913,   p.   lUlO.     In   eflfect  August   10.   1913.] 

Public  offenses,  how  prosecuted. 

§  682.  Every  j)ublic  oflfense  must  be  prosecuted  by  indictment  or  in- 
formation,  except: 

1.  Where  proceedings  are  had  for  the  removal  of  civil  officers  of  the 
state; 

2.  Offenses  arising  in  the  militia  when  in  actual  service,  and  in  the 
land  and  naval  forces  in  the  time  of  war,  or  which  the  state  may  keep, 
with  the  consent  of  Congress,  in  time  of  pea'^e; 

3.  Offenses  tried  in  justices'  and  police  courts; 

4.  All  misdemeanors  of  which  jurisdiction  has  been  conferred  upon 
Bui)erior  courts  sitting  as  juvenile  courts.  [Amendment  approved  Febr 
ruary  21,  1911;  Stats.   1911,  p.  68. J 

Citations.      App.   8/755;   18/742;   19/349,  550. 

Rights  of  defendant  in  criminal  action. 

§  686.     In  a  criminal  action  the  defendant  is  entitled: 

1.  To  a  speedy  and  public  trial. 

2.  To  be  allowed  counsel  as  in  civil  actions,  or  to  appear  and  defend 
in   person   and  with   counsel. 

3.  To  produce  witnesses  on  his  behalf  and  to  be  confronted  with  the 
witnesses  against  him.  in  the  i>resence  of  the  court,  except  that  where 
the  charge  has  been  preliminarily  examined  before  a  committing  magis- 
trate and  the  testimony  taken  down  by  question  and  answer  in  the  pres- 
ence of  the  defendant,  who  has,  either  in  person  or  by  counsel,  cross- 
examined  or  had  an  opportunity  to  cross-examine  the  witness;  or  where 
the   testimony   of   a  witness   ou   the   part   of   the   people,   who   is   unable 


233 


PENAL  CODE. 


§§  692-786 


to  give  securit}'  for  his  appearance,  has  been  taken  conditionally  in  the 
like  manner  in  the  presence  of  the  defendant,  who  has,  either  in  person 
or  by  counsel,  cross-examined  or  bad  an  opportunity  to  cross-examine 
the  witness,  the  deposition  of  such  witness  may  be  read,  upon  its  being 
satisfactorily  shown  to  the  court  that  he  is  dead  or  insane,  or  cannot 
with  due  diligence  be  found  within  the  state;  and  except  also  that  in  the 
case  of  oflfensps  hereafter  committed  the  testimony  on  behalf  of  the 
people  or  the  defendant  of  a  witness  deceased,  insane,  out  of  jurisdiction, 
or  who  cannot,  with  due  diligence,  be  found  within  the  state,  given  on 
a  former  trial  of  the  action  in  the  presence  of  the  defendant  who  has, 
either  in  person  or  by  counsel,  cross-examined  or  had  an  opportunity 
to  cross-examine  the  witness,  may  be  admitted.  [Amendment  approved 
March  14,  1911;  Stats.  1911,  p.  364.] 

Citations.      App.   13/779;      14/114,    130;      17/374,    449;    18/297;     (subd.    3) 
13/777;    16/132;    17/448. 

§  692. 

Citations.      App.   13/103;   19/474. 

§  693, 

Citations.     App.   13/103. 

§  694. 

Citations.     App.   19/474. 

§  702. 

Citations.     App.  9/312. 

§  758. 

Citations.   Cal.  157/483,  484,  485,  486;  161/173,  174,  199,  201,  202.   App. 
11/441;  19/550. 

§  759. 

Citations.     App.   19/550. 

§  770. 

Citations.      Cal.   161/173.     App.   8/754. 

§  772. 

Citations.      Cal.   161/199,  201,  202.     App.   8/751,  753,  754,   755;   18/429. 

§  781. 

Citations.      App.   14/282. 

§  782. 

Citations.      Cal.   155/226. 

§  786. 

Citations.     App.   15/124. 


794-872  PENAL  CODE.  234 


§  794. 

Citations. 

App. 

9/130. 

§  800. 

Citations. 

App. 

14/284. 

§  801. 

Citations. 

Cal. 

155/587. 

App.   9/381. 

§  806. 

Citations. 

App. 

13/740. 

§  808. 

Citations. 

App. 

16/424. 

§  809. 

Citations. 

App. 

8/755;    i; 

3/216,   740: 

§  811. 

Citations.      Cal.   155/588.   589.      App.    12/478;    16/424. 

§  812. 

Citations.      Cal.   155/588,  589.      App.   12/478;  13/740. 

§   813. 

Citations.     Cal.   155/588. 

Peace  officera. 

§  817.  \  jicacc  oflRccr  is  a  sheriff  of  a  county,  or  a  constable,  mar- 
shal, or  policeman  of  a  township,  city,  or  town,  or  inspectors  of  the 
Ciilifornia  state  board  of  pharmacy,  not  exccoling  ten  in  number. 
[Amendment  ai)proved  May  17,  1913;  Stats.  1913,  p.  1206.  In  eflfect  Au- 
gust,  10,   1913.] 


§  836. 

Citations. 

Cal.   155/531. 

§  858. 

Citations. 

App.   13/324;    19/552. 

§  869. 

Citations.   Cal.  (subd.  5)  163/465.   App.  17/448.  449;  18/447,  449;  (subd. 
5)  16/48;  (subd.  6)  15/586. 

§  870. 

Citations.      App.    15/586,    587,   589. 

§  872. 

Citations.   App.  8/742;  9/264;  10/672;  12/498;  13/738,  755;  17/489,  490. 


235  PENAL  CODE.  §§  877-907 

§  877. 

Citations.     App.   17/490. 

§   883. 

Citations.      App.   9/542;    19/352. 

§  888, 

Citations.      App.   11/364;    13/740;    19/550,    551, 

Accepting  grand  juror, 

§  894.  Before  accepting  a  person  drawn  as  a  grand  .I'nror,  the  court 
must  be  satisfied  that  such  person  is  duly  qualified  to  aet  as  such  juror, 
but  when  drawn  and  found  qualified  he  must  be  accepted  unless  the 
court,  on  the  application  of  the  juror  and  before  he  is  sworn,  shall  ex- 
cuse him  from  such  service  for  any  of  the  reasons  prescribed  in  chapter 
1,  title  3,  part  1  (sections  190-254)  of  the  Code  of  Civil  Procedure. 
[Amendment  approved  March  22,  1911;  Stats.  1911,  p.  433.] 

Allowing  challenge, 

§  895.  No  challenge  shall  be  made  or  allowed  to  the  panel  from  which 
the  grand  jury  is  drawn,  nor  to  an  individual  grand  juror,  unless  when 
made  by  the  court  for  want  of  qualification,  as  prescribed  in  the  next 
preceding  section,  [Amendment  approved  March  22,  1911;  Stats.  1911, 
p,  434.] 

Challenging  grand  juror, 

§  896.      [Repealed  March  22,  1911;  Stats.  1911,  p.  434,] 
Citations.      Cal.   157/664. 

Challenges,  how  made. 

§  897,     [Eepealed  March  22,  1911;  Stats.  1911,  p.  434.] 

Decision  upon  challenges. 

§  898,      [Repealed  March  22,  1911;  Stats.  1911,  p.  434.] 

Effect  of  allowing  a  challenge  to  a  panel. 

§  899.      [Repealed  March  22,  1911;  Stats.  1911,  p.  434.] 

Eflfect  of  allowing  challenge  to  an  individual  juror. 
§  900,      [Eepealed  March  22,  1911;  Stats.  1911,  p.  434.] 
Citations.      Cal.   157/665,  666. 

Objections  can  only  be  taken  by  challenge. 

§  901.      [Repealed  March  22,  1911;  Stats.  1911,  p.  434.] 

Permitting  prejudiced  juror  to  retire. 

§  907.  Before  considering  a  charge  against  any  person,  the  foreman 
of  the  grand  jury  shall  state  to  those  present  the  matter  to  be  considered 
and  the  person  to  be  charged  with  an   offense  in  connection  therewith, 


§§  915-925  PENAL  CODE.  236 

and  direct  any  member  of  the  grand  jury  who  ha«!  a  state  of  mind  in 
referenr-e  to  the  case  or  to  either  party  which  will  prevent  him  from 
acting  impartially  and  without  prejudice  to  the  substantial  rights  of 
the  party  to  retire.  Any  violation  of  this  section  by  the  foreman  or 
any  member  of  the  grand  jury  is  punishable  by  the  court  as  a  contempt. 
[New  section  approved  March  23,  1911;  Stats.  1911,  p.  -152.] 

§  915. 

Citations.      App.  9/282,   283. 

§  919. 

Citations.      App.   8/220. 

§  922. 

Citations.      Cal.   157/666. 

Advice  to  grand  jury.  Report  of  testimony.  Service  on  defendant. 
Who  may  be  present. 
§  925.  The  grand  jury  may,  at  all  times,  ask  the  advice  of  the  court, 
Or  the  judge  thereof,  or  of  the  district  attorney;  but  unless  such  advice 
is  aslce<l,  the  judge  of  the  court  must  not  be  present  during  the  sessions 
of  the  grand  jury.  The  district  attorney  of  the  county  may  at  all  times 
ap]>ear  before  the  grand  jury  for  the  purpose  of  giving  information  or 
advice  relative  to  any  matter  cognizable  by  them,  and  may  interrogate 
witnesses  before  them  whenever  he  thinks  if  necessary;  the  grand  jury, 
on  the  demand  of  the  district  attorney,  whenever  criminal  causes  arc 
being  investigated  before  them,  must  appoint  a  competent  stenographic 
reporter  to  be  sworn  and  to  report  the  testimony  that  may  be  given  in 
such  causes  in  shorthand,  and  to  transcribe  the  same  in  all  cases  where 
an  indictment  is  returned.  If  an  indictment  has  been  found  against 
a  defendant,  a  copy  of  the  testimony  given  in  his  case  before  the  grand 
jury,  shall  be  served  upon  him  within  five  days  after  the  discharge  of 
the  grand  jury,  or  if  the  grand  jury  has  not  been  discharged,  at  least 
five  days  before  the  cause  is  set  for  trial.  The  services  of  such  steno- 
graphic reporter  constitute  a  charge  against  the  county.  No  person 
other  than  those  specified  in  this  and  the  succeeding  section  is  permitted 
to  be  present  during  the  session  of  the  grand  jury,  except  the  members 
and  witnesses  actually  under  examination,  and  no  person  must  be  per- 
mitted to  be  present  during  the  expression  of  their  opinions,  or  giving 
their  votes  upon  any  matter  before  them.  The  grand  jury  or  district 
attorney  may  require  by  subpoena  the  attendance  of  any  person  before 
the  grand  jury  as  interpreter,  and  such  interpreter  may,  while  his  ser- 
vices are  necessary,  be  present  at  the  examination  of  witnesses  before 
the  grand  jury.  The  services  of  such  interpreter  constitute  a  charge 
against  the  county.  [Amendment  approved  March  22,  1911;  Stats.  1911, 
p.  434.] 

Citations.      Cal.   157/666;   163/463,  464,  465.      App.   15/31;   17/70,   71,  72. 


237  PENAL  CODE.  §§  926-952 

§  926. 

Citations.      App.   8/220. 

Grand  jury  to  examine  books. 

§  928.  It  shall  be  the  duty  of  the  grand  jury  annually  to  mal<e  a 
careful  and  complete  examination  of  the  books,  records,  and  accounts 
of  all  the  officers  of  the  county,  and  especially  those  pertaining  to 
the  revenue,  and  report  as  to  the  facts  they  have  found,  with  such 
recommendations  as  the}',  may  deem  proper  and  fit;  and  if,  in  their 
judgment,  the  services  of  an  expert  are  necessary,  they  shall  have  power 
to  employ  one,  at  an  agreed  compensation,  not  to  exceed  ten  dollars 
a  day,  to  be  first  approved  by  the  court;  and  if,  in  their  judgment,  the 
services  of  assistants  to  such  experts  are  required,  they  shall  have  power 
to  employ  such,  at  a  compensation*  to  be  agreed  upon  and  approved  by 
the  court,  not  to  exceed,  however,  five  dollars  a  day  for  each  assistant, 
such  compensation  of  expert  and  assistants  to  be  payable  as  other 
county  charges.  It  shall  be  the  duty  of  every  grand  jury  first  im- 
paneled in  even-numbered  years  to  investigate  and  report  upon  the 
needs  of  all  county  officers  in  its  county,  including  increase  or  decrease 
in  salaries,  number  of  officers,  deputies  or  employees,  the  abolition  or 
creation  of  offices  and  the  equipment  for,  or  the  method  or  system  of 
performing  the  duties  of,  the  several  offices,  and  it  shall  cause  a  copy 
of  such  report  to  be  transmitted  to  each  member  of  the  legislature 
representing  the  county  in  which  it  has  been  impaneled  before  the 
commencement  of  the  regular  session  of  the  legislature  in  odd-numbered 
years.  The  judge,  on  impanelment  of  the  grand  jury  shall  charge  them 
especially  as  to  their  duties  under  this  section;  provided,  that  if  any 
grand  jurj',  shall,  in  the  report  above  mentioned,  comment  upon  any 
person  or  official  who  has  not  been  indicted  by  the  said  grand  jury, 
the  said  comments  shall  not  be  deemed  to  be  privileged.  [Amendment 
approved  March  16,   1911;  Stats.   1911,  p.  373.] 

§  943. 

Citations.     App.   15/626. 

§  950. 

Citations.  Cal.  160/19,  20;  (subd.  2)  158/677.  App.  8/350,  643,  647; 
9/675,  682:  11/189;  13/356,  740;  15/197,  325;  18/80;  (subd.  2)  8/352; 
14/204;  17/177;  19/551. 

§  951. 

Citations.   App.  8/350,  643;  9/675;  11/189;  15/197,  325;  18/80. 

§  952. 

Citations.  Cal.  (subd.  3)  155/810,  812.  App.  8/350,  643;  9/675,  682; 
11/189;  15/197,  325;  17/744;  18/80;  (subd.  3)  13/356;  17/744. 


§§  954-995 


PENAL    CODE. 


238 


§  954.. 

Citations.      Cal.   163/372.      App.   11/545,  546,  547,  548;   14/449;  19/228. 

§   955. 

Citations.      App.   9/132;    18/81, 

§  956. 

Citations.      App.   14/104. 

§  957. 

Citations.     App.   9/677. 

§  958. 

Citations.     App.   17/177. 

§  959. 

Citations.      Cal.    (subd.  6)    158/677. 

§  960. 

Citations.     App.   14/453. 

§  963. 

Citations.      Cal.    158/496. 

§  966. 

Citations.      Cal.   155/813.      App.   9/679. 

§  971. 

Citations.      App.   9/281;    16/360. 

§  987. 

Citations.     App.   13/324. 

Arraigrnment  of  defendant. 

§  988.  Tlio  anaigiiinciit  must  he  m.itle  by  the  court,  or  by  the  olork 
or  district  attorney  uiuler  its  direction,  and  consists  in  reading  the  in- 
dictment or  inforuiation  to  the  defendant  and  delivering  to  him  a  true 
cojpy  thereof,  and  of  the  indorsements  thereon,  inciu(liug  the  list  of 
witnesses,  and  asking  him  whether  lie  pleads  guilty  or  not  guilty  to  the 
indictment  or  information.  [Amendment  apjiroved  March  22,  1911; 
Stats.   1911,  p.  435.] 

Citations.      App.   15/626. 

When  indictment  must  be  set  aside.     Wlien  information. 

§  995.  The  indictment  or  information  must  be  set  aside  by  the  court 
in  which  the  defendant  is  arraigned,  upon  his  motion,  in  either  of  the 
following  cases: 

If  it  be  an  indictment: 


239 


Penal  code. 


§§  996-lOOS 


1.  Where  it  is  not  found,  indorsed,  and  presented  as  prescribed  in  this 
code. 

2.  When  it  appears  by  the  testimony  of  the  foreman  or  secretary  of 
the  js^rand  jury  that  the  names  of  the  witnesses  examined  before  the 
grand  jury,  or  whose  depositions  may  have  been  read  before  them,  are 
not  inserted  at  the  foot  of  the  indictment,  or  indorsed  thereon. 

3.  When  a  person  is  permitted  to  be  present  during  the  session  of  the 
grand  jury,  and  when  the  charge  embraced  in  the  indictment  is  under 
consideration,  except  as  provided  in  section  925. 

If  it  be  on   information: 

1.  That  before  the  filing  thereof  the  defendant  had  not  been  legally 
committed  by  a  magistrate. 

2.  That  it  was  not  subscribed  by  the  district  attorney  of  the  county, 
or  city  and  county.  [Amendment  approved  March  22,  1911:  Stats. 
1911,  p.  435.] 

Citations.      Cal.   157/664,   665,  666;   163/465.      App.   8/217,  220,  602;   9/264, 
543;  12/477;  13/526,  528,  540;  15/30;    (subd.  1)   13/527;   (subd.  4)   13/527, 

§  996. 

Citations.      App.   8/374. 

{§  997. 

Citations.     Cal.  157/667. 


§  1002. 
Citations. 

§  1004. 

Citations. 

§   1005. 
Citations. 

§  1007. 

Citations. 


Cal.   155/581. 


App.   14/449;    (subd.   3)    12/243. 


Cal.   158/671. 


Cal.  156/458;  158/671,  672. 


Amendment  of  indictment.     When  demurrer  is  sustained. 

§  1008.  An  indictment  or  information  may  be  amended  by  the  dis- 
trict attorney  without  leave  of  court,  at  any  time  before  the  defendant 
pleads.  Such  amendment  may  be  made  at  any  time  thereafter,  in  the 
discretion  of  the  court  where  it  can  be  -done  without  prejudice  to  the 
substantial  rights  of  the  defendant.  An  indictment  cannot  be  amended 
so  as  to  change  the  offense  charged,  nor  an  information  so  as  to  charge 
an  offense  not  shown  by  the  evidence  tsrtien  at  the  preliminary  examina- 
tion. If  a  demurrer  is  sustained  and  an  amendment  is  not  allowed,  or 
if  allowed,  is  not  made,  within  such  reasonable  time  as  the  court  may 
fix,  the  court  shall  give  a  judgment  of  dismissal,  which  shall  be  a  bar 
to  another  prosecution  for  the  same  offense.     The  defendant  shall  there- 


i§  1009-1053 


PEN.VL    CODE. 


240 


upon  be  discharged,  unless  the  court  directs  the  case  to  be  submitted 
to  the  same  or  another  grand  jury,  or  directs  a  new  information  to  be 
filed;  provided  that  after  such  order  or  resiibmission,  the  defendant  may 
be  exarnined  before  a  magistrate,  and  discharged  or  committed  by  him, 
as  in  other  cases.  [Amendment  approved  March  22,  1911;  Stats.  1911, 
p.  436.] 

Citations.      Cal.   155/169;    160/389.      App.  9/337;   13/756;   16/213,   215.  216, 
217,   218,   219,   220,   221,   222,   224,   225. 

§    1009. 

Citations.     App.   16/217,   220. 

§  1012. 

Citations.      Cal.  158/669.      App.   9/240;   12/243. 

§  1016. 

CiUtions.      Cal.   158/671. 

§  1017. 

Citations.      Cal.   156/458;   158/672.      App.    (subd.  4)    11/477. 

§   1019. 

Citations.      App.   14/450. 

§   1025. 

Citations.      Cal.    156/738.      App.    l,->   404:    18 '270. 

§  1033. 

Citations.      Cal.   157/772,   774,   775,   777,   161.     App.    10/5C5,   566. 

§   10G8. 

Citations.     Cal.   157/781. 

§   1052. 

Citations.      App.   16/431. 

Substitution  of  judges  in  criminal  actions. 

§.1053.  If  after  the  commeuicnieiit  of  the  trial  of  a  criminal  action 
or  jnoceoding  the  judge  shall  die,  become  ill,  or  for  any  other  reason 
be  unable  to  proceed  with  the  trial,  any  other  judge  of  the  superior 
court  in  and  for  the  county,  or  city  and  county,  in  which  the  case  is 
pending  may  proceed  with  and  finish  the  trial;  or,  if  there  be  no  other 
judge  of  such  superior  court,  then  the  clerk  or  sherifif  shall  adjourn  the 
court  and  continue  the  case  from  day  to  day,  until  such  time  as  the 
governor  shall  designate  a  judge  of  the  superior  court  from  some  other 
county  to  i)roceed  with  and  comjilete  the  trial,  or  until  such  time  as, 
by  stipulation  in  writing  between  the  district  attorney  and  the  attor- 
ney for  the  defendant,  filed  with  the  clerk,  a  judge  shall  be  agreed  upon 


241  PENAL  CODE.  §§  1055-1076 

by  them  to  complete  said  trial.  The  judge  authorized  by  the  provisions 
of  this  section  to  proceed  with  and  complete  the  trial  shall  have  the 
same  power,  authority  and  jurisdiction  as  if  the  trial  had  been  com- 
menced before  such  judge.  [New  section  approved  March  14,  1911; 
Stats.  1911,  p.  365.] 

§  1055. 

Citations.     Cal.   163/753. 

§  1059. 

Citations.      App.   8/199;   10/672. 

§  1060. 

Citations.      App.  8/197. 

§   1064. 

Citations.      Cal.    155/542,   543.      App.   9/546,   547,   549;    10/672. 

§  1066. 

Citations.      Cal.   156/457,   458. 

§   1067. 

Citations.      Cal.   163/753. 

§  1068. 

Citations.     App.   8/199. 

§  1069. 

Citations.      Cal.   163/753.      App.   8/197. 

§  1071. 

Citations.      Cal.   163/753. 

§  1072. 

Citations.      Cal.   163/753,    754.      App.   8/199;    17/738. 

§  1073. 

Citations.  Cal.  159/117;  163/753.   App.  (subd.  2)  8/188;  13/558. 

§  1074. 

Citations.      Cal.   163/753.     A.pp.  17/779;   (subd.  2)   17/788. 

§  1075. 

CiUtions.      Cal.   163/753. 

§  1076. 

Citations.   Cal.  155/543:  159/9,  10,  117,  118,  119;  163/753,  757.  App. 
8/112;  13/559;  14/592,  594. 

16 


1077-1111 


PENAL    CODE. 


S4^ 


§  1077. 

Citations.      Cal.   163/753. 

§  1078. 

Citations.      Cal.    163/753. 

§   1081. 

Citations.      Cal.    163/754. 

§  1082. 

Citations.      Cal.   163/754. 

§   1083. 

Citations.      Cal.   156/458. 

§  1087. 

Citations.      Cal.   163/754.      App.   17/142,   143,   144.   145,   147,   148. 

§  1088. 

Citations.      Cal.   1G3/754. 

§  1093. 

Citations.      Cal.    (subd.    1)    156/738.      App.    (subd.    1)    8/114. 

§   1094. 

Citations.     App.  8/119. 

§  1096. 

Citations.      App.   9/193;   15/200;   17/452. 

§   1098. 

Citations.     App.  17/774. 

§  1105. 

Citations.      Cal.    160/370,   371.      App.   15/31. 

§  1108. 

Citations.      Cal.   161/447,    555,    563.      App.   15/205. 

Conviction  upon  testimony  of  an  accomplice. 

§  1111.  A  conviction  cannot  be  had  upon  the  testimony  of  an  accom- 
plice, unless  he  be  corroborated  by  such  other  evidence  as  shall  tend 
to  connect  the  defendant  with  the  commission  of  the  offense;  and  the 
corroboration  is  not  sufficient  if  it  merely  shows  the  commission  of  the 
offense  or  the  circumstances  thereof.  [Amendment  approved  March  24,, 
1911;  Stats.  1911,  p.  4S4.] 

Citations.      Cal.   161/436,  438.      App.  9/270;   11/218,  468,   667;    12/182;    14/ 
697;    16/430,   750. 


243  PENAL   CODE.  §§ 1121-1175 

§  1121. 

Citations.      App.   8/114,   115,   116. 

§  1122. 

Citations.     Cal.   15C/458.     App.   11/447. 

§  1123. 

Citations.      Cal.   155/585. 

§   1127. 

Citations.      App.   10/240;   17/683. 

§  1139. 

Citationi.     Cal.   155/585. 

§  1140. 

Citations.      Cal.   155/581,    582,    585.      App.    11/473. 

§   1U2. 

Citations.      App.   10/458. 

§   1148. 

Citations.     Cal.   156/458. 

§  1159. 

Citations.     App.  9/223. 

§  1164. 

Citations.      Cal.   156/458.      App.   10/69. 

§  1170. 

Citations.      App.   8/141;   14/108. 

§  1171. 

Citations.      App.   8/141,   324,   327;    14/108. 

§  1172. 

Citations.  Cal.  158/669,  673.  App.  8/596;  11/189;  14/108. 

§  1173. 

Citations.      Cal.   158/673.      App.   14/108. 

§  1174. 

Citations.      Cal.   158/669,    673.     App.   8/324,    325,    326,    327,    431,    432,    595, 
603,  604;   11/189,  335,  336;   14/108. 

§   1^75. 

Citations.     App.  9/135;    14/108. 


§§  1176-1203  PENAL   CODE.  244 

§  1176. 

Citations.      App.    14/110. 

§  1177. 

Citations.      App.   9/135;    14/108. 

§   1180. 
^  Citations.      App.   8/620. 

§    1181. 

Citations.      Cal.    (subd.  2)    159/526;    (subd.   31    159/52S:    (subd.   6)    161/437. 
App.    irj/207. 

§  1185. 

Citations.      Cal.    158/669,  673;  163/465.      App.   15/270, 

§   1187. 

Citations.      App.   9/317. 

§  1188. 

Citations.      App.   9/317,   318;    10/16. 

Time  for  pronouncing  judgment. 

§  1191.  .After  a  jilea  or  vcnlict  of  guilty,  or  after  a  verdict  against 
the  (lefendaiit  cm  a  jilea  of  former  couviction  or  acquittal,  or  once  in 
jeopardy,  the  court  must  apjioint  a  time  for  pronouncing  judgment, 
which  must  not  be  less  than  two,  nor  more  than  five  days  after  the  ver- 
dict or  plea  of  guilty;  provided,  however,  that  the  court  may  extend 
the  time  not  more  than  ten  days  for  the  purpose  of  hearing  or  deter- 
mining any  motion  for  a  new  trial,  or  in  arrest  of  judgment;  and  pro- 
vided, further,  that  the  court  may  extend  the  time  not  more  than  twenty 
days  in  any  case  where  the  question  of  probation  is  considered  in  ac- 
cordance with  section  1203  of  this  code,  provided,  however,  that  upon 
the  request  of  the  defendant  such  time  may  be  further  extended  not 
more  than  ninety  days  additional.  If  in  the  opinion  of  the  court  there 
is  a  reasonable  ground  for  believing  a  defendant  insane,  the  court  may 
extend  the  time  of  pronouncing  sentence  until  the  question  of  insanity 
has  been  heard  and  determined,  as  provided  in  chapter  6,  title  10,  part 
2,  of  this  code.  [Amendment  approved  April  6,  1911;  Stats.  1911, 
p.  688.1 

Citations.      Cal.   157/iaO,  191;   159/458.      App.  12/650.  651;  13/304:  14/522; 

17/791;    18/641. 

§    1202. 

Citations.      Cal.  157/191;    159/458.      App.    12/650;    18/641. 

Hearing  on  probation.  • 

§  1203.  .\fter  plea  or  verdict  of  guilty,  where  discretion  is  con- 
ferred  upon   the   court   as   to   the   extent    of   the   punishment,   the   court, 


245  PENAL   CODE.  §  1203 

upon  oral  suggestions  of  either  party,  or  of  its  own  motion,  that  there 
are  circumstances  which  may  properly  be  taken  into  view,  either  in 
aggravation  or  mitigation,  of  the  punishment,  may  in  its  discretion 
refer  the  same  to  the  probation  oflRcer,  directing  said  probation  officer 
to  investigate,  and  to  report,  recommending  either  for  or  against  re- 
lease upon  probation,  at  a  specified  time,  and  the  court  shall  hear  the 
same  summarily  at  such  specified  times,  and  upon  such  notice  to  the 
adverse  party  as  it  may  direct.  At  such  specified  time,  if  it  shall 
appear  from  the  report  furnished  by  the  probation  officer,  or  otherwise, 
and  from  the  circumstances,  of  anj'  person  over  the  age  of  eighteen 
(18)  years,  so  having  pleaded  guilty,  or  having  been  convicted  of  crime, 
that  there  are  circumstances  in  mitigation  of  the  punishment,  or  that 
the  ends  of  justice  shall  be  subserved  therebv,  the  court  shall  have 
power,  in  its  discretion,  to  place  the  defendant  upon  probation  in  the 
manner  following: 

Suspension  of  sentence.     Bonds. 

1.  Tlie  court,  judge  or  justice  thereof,  may  suspend  the  imposing,  or 
the  execution  of  sentence  and  may  direct  that  such  suspension  may 
continue  for  such  period  of  time  not  exceeding  the  maximum  possible 
term  of  such  sentence,  except  as  hereinafter  set  forth,  and  upon  such 
terms  and  conditions  as  it  shall  determine,  which  terms  and  conditions 
may  include,  in  the  discretion  of  the  court,  the  requirements  of  bonds 
for  the  appearance  of  the  person  released  upon  probation  before  the 
court,  at  any  time  that  the  court  may  require  such  appearance  in  the 
investigation  of  any  alleged  violation  of  said  terms  and  conditions  of 
probation  and  such  bonds  may  be  at  any  time  by  the  court  exonerated 
without  affecting  any  of  the  other  terms  or  conditions  of  such  pro- 
bation; and  in  case  of  such  suspension  of  imposition  or  execution  of 
sentence,  the  court  shall  place  such  person  on  probation  and  under  the 
charge  and  supervision  of  the  probation  officer  of  said  court,  during 
such  suspension;  provided,  however,  that  where  the  maximum  possible 
term  of  such  sentence  is  less  than  two  years,  then  such  period  of  sus- 
pension of  imposition  or  execution  of  sentence  may,  in  the  discretion 
of  the  court,  continue  for  not  over  two  years.  Where  the  offense  con- 
sists of  a  violation  of  section  270  or  270a  of  the  Penal  Code  of  the 
state  of  California,  such  suspension  of  imposition  or  execution  of  sen- 
tence may,  in  the  discretion  of  the  court,  continue  for  not  over  five 
years. 

Opportunity  to  pay  fine. 

2.  If  the  judgment  is  to  pay  a  fine,  and  the  defendant  be  imprisoned 
until  it  be  paid,  the  court,  judge,  or  justice,  upon  imposing  sentence, 
may  direct  that  the  execution  of  the  sentence  of  imprisonment  be  sus- 
pended for  such  period  of  time,  not  exceeding  the  maximum  possible 
term  of  such  sentence,  and  on  such  terms  as  it  shall  determine,  and 
shall    place    the    defendant    on   probation,   under   the    charge    and    super- 


§  1203  PENAL   CODE.  246 

vision  of  the  probation  officer  during  such  suspension,  to  the  end  that 
he  may  be  given  the  opportunity  to  pay  the  fine;  provided,  howL-ver, 
that  upon  the  payment  of  the  fine  being  made,  judgment  shall  be  satis- 
fied and  the  probation  cease. 

Rearrest.     May  pronounce  judgment. 

;i  At  any  time  during  the  probationary  term  of  the  person  released 
on  probation,  in  accordance  with  the  provisions  of  this  section,  any 
probation  officer  may,  without  warrant,  or  other  process,  at  any  time 
until  the  final  disposition  of  the  case,  rearrest  any  person  so  placed  in 
his  care  and  bring  him  before  the  court,  or  the  court  may.  in  its  dis- 
cretion, issue  a  warrant  for  the  rearrest  of  any  such  person  and  may 
thereupon  revoke  and  terminate  such  probation,  if  the  interest  of  jus- 
tice so  requires,  and  if  the  court,  in  its  judgment,  shall  have  reason  to 
believe  from  the  report  of  the  probation  officer,  or  otherwise,  that  the 
person  so  placed  u[»on  probation  is  violating  the  conditions  of  his  pro- 
bation, or  engaging  in  criminal  practices,  or  has  become  abandoned  to 
improper  associates,  or  a  vicious  life.  Upon  such  revocation  and  ter- 
mination, tiie  court  may,  if  the  sentence  has  been  suspended,  pro- 
nounce judgment  after  the  said  suspension  of  the  sentence  for  any 
time  witliin  the  longest  period  for  which  the  defendant  might  have  been 
sentenced,  but  if  the  judgment  has  been  pronounced  and  the  execution 
thereof  lias  been  suspended,  the  court  may  revoke  such  suspension, 
whereupon  tlie  judgment  shall  be  in  full  force  and  eflFect,  and  the  per- 
son  shall   be   di'livcrcd   over  to   the   proper  officer  to   serve   his  sentence. 

Court  may  revoke  order. 

4.  The  court  shall  have  power  at  any  time  during  the  term  of  pro- 
bation to  revoke  or  modify  its  order  of  suspension,  of  imposition  or 
execution  of  sentence.  It  may,  at  any  time,  when  the  ends  of  justice 
will  be  subserved  thereby,  and  when  the  good  conduct  and  reform  of 
the  person  so  held  on  probation  shall  warrant  it,  terminate  the  period 
of  probation  and  discharge  the  person  so  held,  and  in  all  cases,  if  the 
court  has  not  seen  fit  to  revoke  the  order  of  probation  and  imjiose  sen- 
tence or  pronounce  judgment,  the  defendant  shall,  at  the  end  of  the 
term  of  probation,  be  by  the  court  dischargeil. 

Change  of  plea. 

0.  Kvory  defendant  who  has  fulfilled  the  conditions  of  his  probation 
for  the  entire  period  thereof,  or  who  shall  have  been  discharged  from 
probation  prior  to  the  termination  of  the  period  thereof,  shall  at  any 
time  jirior  to  the  expiration  of  the  maximum  period  of  punishment  for 
the  offense  of  which  he  has  been  convicted,  dating  from  said  discharge 
from  probation  or  said  termination  of  said  period  of  probation,  be  per- 
mitted by  the  court  to  withdraw  his  plea  of  guilty  and  enter  a  plea  of 
not  guilty;  or,  if  he  has  been  convicted  after  a  plea  of  not  guilty,  the 
court  shall  set  aside  the  verdict  of  guilty;  and  in  either  case  the  court 
shall    thereupon    dismiss    the    accusation    or    information    against    such 


247  PENAL   CODE.  §  1203 

defendant  who  shall  thereafter  be  released  from  all  penalties  and  dis- 
abilities resulting  from  the  offense  or  crime  of  which  he  has  been  coa- 
victed. 

Probation  officers  to  serve. 

6.  The  sainn  probation  officers  and  assistant  probation  officers  and 
deputy  probation  otTicers  shall  serve  under  this  act  as  are  appointed 
under  the  act  known  as  the  juvenile  court  law,  and  entitled  "An  act 
concerning  dependent  and  delinquent  minor  children,  providing  for 
their  care,  custody,  and  maintenance  until  twenty-one  years  of  age; 
providing  for  their  commitment  to  the  Whittier  State  School  and  the 
Preston  State  School  of  Industry,  and  the  manner  of  such  commit- 
ment and  release  therefrom,  establishing  a  probation  committee  and 
probation  officers  to  deal  with  such  children,  and  fixing  the  salaries  of 
probation  officers;  providing  for  detention  homes  for  said  children; 
providing  for  the  punishment  of  persons  responsible  for,  or  contributing 
to,  the  dependency  or  delinquency  of  children;  and  giving  to  the 
superior  court  jurisdiction  of  such  offenses,  and  repealing  inconsistent 
acts,"  approved  March  8,  1909,  or  under  any  laws  amending  or  super- 
seding   the   same. 

Transfer  of  case. 

7.  Whenever  any  person  is  released  upon  probation  under  the  pro- 
visions of  this  act,  the  case  may  be  transferred  to  any  court  of  the 
same  rank  in  any  other  county,  or  city  and  county,  of  this  state  in 
which  such  person  resides,  or  to  which  such  person  may  remove,  and 
such  court  shall  thereupon  commit  such  person  to  the  care  and  custody 
of  the  probation  officer  of  the  county,  or  city  and  county,  to  which  such 
person  has  been  transferred;  such  court  shall  thereafter  have  entire 
jurisdiction  over  such  case,  with  like  power  to  make  transfer  whenever 
to  such  court  such  transfer  may  seem  proper. 

Report  on  person's  antecedents. 

S.  At  the  time  of  the  plea  or  verdict  of  guilty  of  any  crime  of  any 
person  over  eighteen  years  of  age,  the  probation  officer  of  the  county 
of  the  jurisdiction  of  said  crime  shall,  when  so  directed  by  the  court, 
inquire  into  the  antecedents,  character,  history,  family  environment, 
and  offense  of  such  person,  and  must  report  the  same  to  the  court, 
and  file  his  report  in  writing  in  the  records  of  said  court.  His  report 
shall  contain  his  recommendation  for  or  against  the  release  of  such 
person  on  probation.  If  any  such  person  shall  be  released  on  probation 
and  committed  to  the  care  of  the  probation  officer,  such  officer  shall 
keep  a  complete  and  accurate  record  in  suitable  books  or  other  form 
in  writing,  of  the  history  of  the  case  in  court,  and  of  the  name  of  the 
probation  officer,  and  his  acts  in  connection  with  said  case;  also  the 
age,  sex,  nativity,  residence,  education,  habits  of  temperance,  whether 
married  or  single,  and  the  conduct,  employment,  and  occupation,  and 
parents'   occupation,   and   condition   of   such  person   so   committed   to   his 


§  1203  PENAL    CODE.  248 

care  during  the  term  of  such  probation  and  the  result  of  such  pro- 
bation. Such  record  of  such  probation  officer  shall  be  and  constitute 
a  part  of  the  records  of  the  court,  and  shall  at  all  times  be  open  to 
the  inspection  of  the  court,  or  of  any  person  appointed  by  the  court  for 
that  purpose,  as  well  as  of  all  magistrates,  and  the  chief  of  police,  or 
other  head  of  the  police,  unless  otherwise  ordered  by  the  court.  Said 
books  of  record  shall  be  furnished  for  the  use  of  said  probation  officer 
of  said  county,  and  shall  be  paid  for  out  of  t"he  county  treasury. 

Report  of  probation  officers. 

8a.  E'vfry  probation  ofTicer,  within  fifteen  days  after  the  30th  day 
of  June,  and  within  fifteen  days  after  the  31st  day  of  December,  of 
each  3'ear,  shall  make  in  writing  and  file  as  a  public  document  with 
the  county  clerk  a  report  to  the  superior  court  of  the  county  or  city 
and  county  in  which  such  probation  officer  is  appointed  to  serve,  and 
shall  furnish  a  copy  of  such  report  to  each  .iudge  in  said  county  or  city 
and  county  who  has  released  any  person  on  probation  who  at  the  time 
of  such  report  rPTuains  on  probation;  and  a  further  copy  to  the  secretary 
of  the  state  board  of  charities  and  corrections.  Such  report  shall  state, 
without  giving  names,  the  exact  number  of  persons,  segregating  male 
and  female,  and  segregating  misdemeanors  and  felonies  who  have  been 
released  on  probation  to  such  probation  officer  as  such  number  exists, 
deducting  all  cases  of  expiration,  discharge,  dismissal,  and  restoration 
of  rights,  on  said  30th  day  of  .Tune  and  said  31st  day  of  December; 
and  such  report  shall  further  segregate  such  persons  as  having  been  re- 
leased on  probation,  as  the  case  may  be,  in  1903.  1904,  190.5,  and  so 
on,  up  to  and  including  the  calendar  year  in  which  such  report  is  made 
and  filed. 

Statement  of  terms  of  probation. 

9.  The  jirolmtion  oflicor  shall  furnish  to  each  person  who  has  been 
releasc<l  on  ]irob.ition,  and  coiuniitted  to  his  care  a  written  statement 
of  the  terms  and  conditions  of  his  probation  unless  such  statement 
has  boon  furnished  by  the  court,  and  shall  report  to  the  court,  judge  or 
justice,  releasing  su<'h  j>erson  upon  probation,  any  violation  or  breach  of 
the  terms  and  conditions  imposed  by  such  court  on  the  person  placed  in 
his  care. 

Powers  of  peace  officers. 

10.  Such  proliatioii  officer  shall  have,  as  to  the  person  so  committed 
to  the  care  of  said  probation  officer,  the  powers  of  a  peace  officer. 
[Amendment  approved  May  23,  1913;  Stats.  1913,  p.  221.  In  effect 
August   10,   1913.] 

Also  amended  April  6,   1911    (Stats.    1911,  p.   689). 

Citations.  Cal.  1.57/190;  1.58/494;  163/177.  178;  (snbd.  41  158/494:  (suhd. 
5)  163/178.  App.  8/369;  17/680;  18/168,  170;  19/5G9,  570,  571,  572,  573, 
674. 


249 


PENAL    CODE. 


§§  1205-1247 


§  1205. 

Citations.      Cal.   160/379,    380,    381,    384,    385,    386,    387.      App.    10/462;    19/ 
218,   219. 

§   1207. 

Citations.   Cal.  156/458,  739;  158/669,  670,  671,  672,  673;  159/784;  103/ 
383;  (subds.  2,  3,  4)  158/672.   App.  8/G37;  9/202,  205;  16/433. 

§  1213. 

Citations.     Cal.   156/739.     App.  8/371. 

§  1214. 

Citations.      Cal.   160/380. 

§  1216. 

Citations.     App.   8/371. 

§  1237. 

Citations.   Cal.  157/733.  App.  8/602;  9/266;  11/117,  669;  13/706;  14/ 
228;  16/584;  17/275,  520;  18/60. 

§  1238. 

Citations.      App.   8/602. 

§   1239. 

Citations.   App.  13/299,  328,  706;  14/119;  15/322,  323,  324;  16/584. 

§  1240. 

Citations.     App.   8/467; ^13/328,  706;  15/322,  323,  324. 

§  1241. 

Citations.      App.   13/706;    16/584,  585. 

§  1246. 

Citations.   Cal.  158/670.   App.  14/110;  16/584,  585;  17/790. 

Settlement  of  grounds  of  appeal. 

§  1247.  Upon  an  appeal  being  taken  from  any  judgment  or  order 
of  the  superior  court,  to  the  supreme  court  or  to  a  district  court  of  ap- 
I)eal,  in  any  criminal  action  or  proceeding  where  such  appeal  is  allowed 
by  law,  the  defendant,  or  the  district  attorney  when  the  people  appeal, 
must,  within  five  days,  file  with  the  clerk  and  present  an  application  to 
the  trial  court,  stating  in  general  terms  the  grounds  of  the  appeal  and 
the  points  upon  which  the  appellant  relies,  and  designate  what  portions 
of  the  phonographic  reporter's  notes  it  will  be  necessary  to  have  tran- 
scribed to  fairly  present  the  points  relied  upon.  If  such  application  is 
not  filed  within  said  time,  the  appeal  is  wholly  ineffectual  and  shall  be 


§§  1247a-1278 


PENAL   CODE. 


250 


deemed  dismissed  and  the  judgment  or  order  may  be  enforced  as  if  no 
appeal  had  been  taken. 

The  court  shall,  within  two  days  after  the  filing  of  such  application 
make  an  order  directing  the  phonographic  reporter  who  reported  the 
case  to  transcribe  such  portion  of  his  notes  as  in  the  opinion  of  the 
court  may  be  necessary  to  fairly  and  fully  present  the  points  relied 
upon  by  the  appellant.  If  the  court  fails  to  make  the  order  within  two 
days  after  the  application  is  filed,  the  notes  requested  in  the  application 
shall  be  transcribed  without  such  order.  The  phonographic  reporter 
shall,  within  twenty  days  after  the  filing  of  such  application,  file  with 
the  clerk  of  the  court  an  original  transcription  and  three  carbon  copies 
of  the  portion  of  the  notes  so  required  to  be  transcribed,  excluding 
therefrom  all  argument  of  counsel  not  objected  to  at  the  time  it  was 
made.  The  same  shall  be  typewritten  as  prescribed  by  the  rules  of 
the  supreme  court.  He  shall  ajipend  to  the  original  and  to  each  copy 
iiis  original  affidavit  that  it  is  correct.  [Amendment  approved  April  6, 
1911;  Stats.  I'Jll.  p.  692.] 

Citations.      App.    13/689;    14/109;    16/585;    17/56;    18/70. 

§  1247a. 

Citations.      App.    13/689;    14/109;    16/585. 

§   1247c. 

Citations.      App.   13/546. 

§  1253, 

Citations.      App.   12/542;    19/334. 

§  1258. 

Citations.      App.   8/558;   13/660;   14/453.  590:'l8/69. 

§   1259. 

Citations.   App.  8/140,  596;  11/447;  13/707;  14/228. 

§  1260. 

Citations.      App.   16/797. 

§  1262. 

Citations.      App.   13/512. 

§   1264. 

Citations.      App.   17/429. 

§   1272. 

Citations.      App.   15/187. 

§  1278. 

Citations.      App.   8/470. 


251  PENAL  CODE.         §§  1279-1324 

§  1279. 

Citations.     App.   8/470. 

§   1297. 

Citations.      App.    17/429. 

Husband  and  wife  as  co;npetent  witness. 

§  1322,  iV'either  hu.sbaiui  uor  wife  is  a  competent  witness  for  or 
against  the  other  in  a  ciiiiiinal  iution  or  {jroceeding  to  which  cue  or 
both  are  parties,  except  with  the  consent  of  both,  or  in  case  of  criminal 
actions  or  proceedings  for  a  crime  committed  by  one  against  the  person 
or  property  of  the  other,  or  in  cases  of  criminal  violence  upon  one  by 
the  other,  or  in  cases  of  criminal  actions  or  proceedings  for  bigamy,  or 
adultery,  or  in  cases  of  criminal  actions  or  proceedings  brought  under 
the  provisions  of  sections  270  and  270a  of  this  code.  [Amendment 
approved  March  2,  1911;  Stats.  1911,  p.  270.J 

Citations.      Cal.   159/12,    13,    14;    163/425.     App.    8/740;    9/234;    12/195. 

§  1323. 

Citations.      Cal.    163/484.      App.   8/117,   118,   139;    10/456,   457;    13/493;    14/ 
608,   C09. 

Witness  not  to  be  prosecuted  upon  testimony  of  himself.  Person  not 
exempt  if  testimony  is  voluntary. 

§  1321.  A  person  hereafter  offending  against  any  of  the  provisions 
of  this  code,  or  against  any  law  of  this  state,  is  a  competent  witness 
against  any  other  person  so  offending,  and  may  be  compelled  to  attend 
and  testify  and  produce  any  books,  papers,  contracts,  agreements  or 
documents  upon  any  trial,  hearing,  proceeding  or  lawful  investigation 
or  judicial  proceeding,  in  the  same  manner  as  any  other  person.  If 
such  person  demands  that  he  be  excused  from  testifying  or  from  pro- 
ducing such  books,  papers,  contracts,  agreements  or  documents  on  the 
ground  that  his  testimony  or  that  the  production  of  such  books,  pa- 
pers, contracts,  agreements  or  documents  may  incriminate  himself,  he 
shall  not  be  excused,  but  in  that  case  the  testimony  so  given  and 
the  books,  papers,  contracts,  agreements  and  documents  so  produced 
shall  not  be  used  in  any  criminal  prosecution  or  proceeding  against  the 
person  so  testifying,  except  for  perjury  in  giving  such  testimony,  and 
he  shall  not  be  liable  thereafter  to  prosecution  by  indictment,  informa- 
tion, or  presentment,  or  to  prosecution  nor  punishment  for  the  offense 
with  reference  to  which  his  testimony  was  given,  or  for  or  on  account 
of  any  transaction,  matter  or  thing  concerning  which  he  may  have  tes- 
tified or  produced  evidence,  documentary  or  otherwise. 

No  such  person  shall  be  exempt  from  indictment,  presentment  by  in- 
formation, prosecution  or  punishment  for  the  offense  with  reference  to 
which  he  may  have  testified  as  aforesaid,  or  for  or  on  account  of  any 
transaction,  matter  or  thing  concerning  which  he  may  have  testified 
as    aforesaid,    or    produced    evidence,    documentary    or    otherwise,    where 


§§  1329-1333         PENAL  CODE.  252 

such  person  so  testifying  or  so  producing  evidence,  documentary  or 
otherwise,  does  so  voluntarilj',  or  when  such  person  so  testifying  or  so 
producing  evidence  fails  to  ask  to  be  excused  from  testifying  or  so  pro- 
ducing evidence,  on  the  ground  that  his  testimony  or  such  evidence, 
documentary  or  otherwise,  maj'  incriminate  himself,  but  in  all  such 
cases,  the  testimony  or  evidence,  documentary  or  otherwise,  so  given 
may  be  used  in  any  criminal  prosecution  or  proceeding  against  the  per- 
son so  testifying  or  producing  such  evidence,  documentary  or  otherwise. 
Any  person  shall  be  deemed  to  have  asked  to  be  excused  from  testify 
ing  or  producing  evidence,  documentary  or  otherwise,  under  this  section, 
unless  before  any  testimony  is  given  or  evidence,  documentary  or  other- 
wise, is  produced  by  such  a  witness,  the  judge,  foreman  or  other  person 
presiding  at  such  trial,  hearing,  proceeding  or  investigation,  shall  dis- 
tinctly read  this  section  of  this  code  to  such  witness,  and  the  form  of 
the  objection  b^'  the  witness  shall  be  immaterial,  if  he  in  substance 
makes  objection  that  his  testimony  or  the  production  of  such  evidence, 
documentary'  or  otherwise,  may  incriminate  himself,  and  he  shall  not 
be  obliged  to  object  to  each  question,  but  one  objection  shall  be  suffi- 
cient to  protect  such  witness  from  prosecution  for  any  offense  concern- 
ing which  he  may  testify,  or  for  or  on  account  of  any  transaction,  matter 
or  thing  concerning  which  he  may  testify  or  produce  evidence,  docu- 
mentary or  otherwise,  upon  such  trial,  hearing,  proceeding  or  investiga- 
tion.    [New   section   approved   March  24,  1911;   Stats.   1911,  p.   485.] 

§  1329. 

Citations.      App.    14/113. 

§   1330. 

Citations.     App.   14/113. 

Prisoner  as  material  witness  for  people.  Sheriff  to  execute  order.  Ex- 
penses. 
§  1333.  When  the  testimony  of  a  material  witness  for  the  people 
is  required  in  a  criminal  action,  before  a  court  of  record  of  this  state, 
or  in  an  examination  before  a  grand  jury  or  magistrate  for  an  offense 
triable  in  the  superior  court  and  such  witness  is  a  prisoner  in  a  state 
prison  or  in  a  county  jail,  an  order  for  his  temporary  removal  from 
such  prison  or  jail,  and  for  his  production  before  such  court,  grand  jury 
or  magistrate,  may  be  made  by  the  superior  court  of  the  county  in 
which  such  action  or  examination  is  pending  or  by  a  judge  thereof;  but 
in  case  the  prison  or  jail  is  out  of  the  county  in  which  the  application 
is  made,  such  order  shall  be  made  only  upon  the  affidavit  of  the  district 
attorney  or  other  person,  on  behalf  of  the  people,  stating  that  the  tes- 
timony is  material  and  necessary;  and  even  then  the  granting  of  the 
order  shall  be  in  the  discretion  of  said  superior  court  or  a  jndge  thereof. 
The  order  sliall  be  executed  by  the  sheriff  of  the  county  in  which  it 
shall  be  made,  whose  duty  it  shall   be   to  bring  the  prisoner  before   the 


253  PENAL  CODE.         §§ 1367-1396 

proper  court,  grand  jury  or  magistrate,  to  safely  keep  him,  and  when 
lie  is  no  longer  required  as  a  witness,  to  return  him  to  the  prison  or 
jail  whence  he  was  taken;  the  expense  of  executing  such  order  shall 
be  a  proper  charge  against,  and  shall  be  paid  by,  the  county  in  which 
the  order  shall  be  made.  [Amendment  approved  May  21,  1913;  Stats. 
1913,  p.  238.     In  effect  August  10,  1913.] 

§  1367. 

Citations.      Cal.    157/190.      App.   15/268,    270. 

§  1368. 

Citations.      App.    15/268,  269;    19/749. 

§    1373. 

Citations.      Cal.   157/190. 

§  1382. 

Citations.      Cal.   155/170;    160/337,   338.      App.   13/215,   216;    17/4,   6. 

§  1385. 

Citations.      App.   9/49;    11/472,   474,   476. 

§  1387. 

Citations.      App..  9/49;    11/474,  475;   14/125. 

§  1388. 

Citations.      Cal.   157/767. 

§  1390. 

Citations.      App.   9/541;    13/540,   541. 

§  1391. 

Citations.      App.   9/541;    13/540,  541. 

§   1392. 

Citations.      App.   9/541;    13/540,   541. 

§  1393. 

Citations.      App.   9/541;    13/540,   541. 

§  1394. 

Citations.      App.   9/541;   13/540. 

§   1395. 

Citations.      App.   9/541;  13/540. 

§  1396. 

Citations.      App.   9/541,  542,  543;   13/540. 


§§  1397-1466         PENAL  CODE.  254 

§  1397. 

Citations.      App.   9/541. 

§  1404. 

Citations.      App.   14/453. 

§   1408. 

Citations.      App.  12/585,   587,   594. 

§   1409. 

Citations.      App.   12/585,   587,   594. 

§   1413. 

Citations.     App.   12/585. 

§   1425. 

Citations.   Cal.  158/497;  160/20.   App.  12/486,  487,  488.   * 

§  1426. 

Citations.      Cal.   155/587,   588;    160/19,   20.     App.   10/514;    11/363;    18/744; 
19/550. 

§  1426a. 

ClUtions.      Cal.    1. '55/587. 

§  1427. 

Citations.      Cal.    155/588. 

§   1428. 

Citations.     App.   12/480. 

§   1431. 

Citations.      App.    13/455. 

§  1433. 

Citations.     App.    16/4  31. 

§  1446. 

Citations.      C.il.   160/386. 

§   1449. 

Cit.itions.      App.   18/640.   641. 

§  1455. 

Citations.      App.   8/371;   19/554. 

§   1466. 

Citations.      App.   16/789. 


255 


PENAL    CODE. 


§§  1468-1557 


§  1468. 

Citations.      App.   16/786;  17/429. 

§  1470. 

Citations.     Cal.   159/77. 

§  1474. 

Citations.      Cal.    159/365. 

§  1475. 

Citations.      Cal.    164/730. 


§  1484. 
Citations. 

§   1486. 
Citations. 

§  1487. 
Citations. 

§  1505. 
Citations. 

§  1524. 
Citations. 

§  1527. 
Citations. 

§   1536. 

Citations. 


App.   10/125,  130. 


App.    9/693. 


Cal.    (subd.  7)   162/241.      App.  9/264;    (subd.  7)   8/421;  9/693. 


App.    19/254. 


App.    (subd.  1)    12/585. 


App.    12/584. 


App.    12/585. 


Accounts  for  returning  fugitives. 

§  1557.  When  the  governor  of  this  state,  in  the  exercise  of  the  aiithor- 
ity  conferred  by  section  2,  article  4,  of  the  constitution  of  the  United 
States,  or  by  the  laws  of  this  state,  demands  from  the  executive  author- 
ity of  any  state  of  the  United  States,  or  of  any  foreign  government,  the 
surrender  to  the  authorities  of  this  state  of  a  fugitive  from  justice,  who 
ha^  been  found  and  arrested  in  such  state  or  foreign  government,  the 
accounts  of  the  person  employed  to  bring  back  srich  fugitive  must  be 
audited  by  the  board  of  control  and  paid  out  of  the  state  treasury;  pro- 
vided, however,  that  the  state  shall  not  pay  the  expenses  .of  any  such 
person  so  employed  where  the  fugitive  returned  is  not  placed  on  trial, 
but  such  expense  shall  be  a  charge  upon  the  county  asking  the  requisi- 
tion. [Amendment  approved  May  19,  1913;  Stats.  1913,  p.  244.  In 
effect  August  10,  1913.] 


§§1578-1584  PENAL  CODE.  256 

Duties  of  prison  wardens. 

§  1578.  The  wardens  shall  reside  at  the  state  prisons  to  which  they 
are  respectively  assigned,  in  houses  provided  and  fiirni?hed  at  the  ex- 
pense of  the  state,  as  may  be  ordered  by  the  board  of  directors,  and  it 
shall  be  their  duty:  • 

1.  To  fill  all  subordinate  positions  that  may  be  created  by  order  of 
the  board  of  directors,  by  appointment  of  suitable  persons  thereto. 

2.  Under  the  order  and  direction  of  the  board,  to  prosecute  all  suits. 
at  law  or  in  equity,  that  may  be  necessary  to  protect  the  rights  of  the 
state  in  matters  or  property  connected  with  the  prisons  and  their 
management,  such  suits  to  be  prosecuted  in  the  name  of  the  board  of 
state  prison   directors. 

^.  To  su|»ervise  the  government,  discipline  and  police  of  the  prisons, 
and  to  enforce  all  orders  and  regulations  of  the  board  in  •respect  to 
such  prisons.  A  registry  of  convicts  shall  be  kept  by  them  respectively, 
in  which  shall  be  entered  the  name  of  each  convict,  the  crime  of  which 
he  is  convicted,  the  period  of  his  sentence,  from  what  county  sentenced, 
by  what  court  sentenced,  his  nativity,  to  what  degree  educated,  at 
wtiat  institution  and  under  what  system,  an  accurate  description  of  his 
person,  and  whether  he  has  previously  been  confined  in  a  state  prison 
in  this  or  any  otlicr  state,  and   if  so,  when   and   how  he  was  discharged. 

4.  To  rejiort  to  tlie  governor,  before  the  twentieth  of  each  month 
the  names  of  all  jirisonors  whose  terms  are  about  to  expire,  giving  in 
such  report  the  terms  of  their  sentences,  the  date  of  imprisonment,  the 
amount  of  total  credits  to  the  date  of  such  report,  and  the  date  when 
their  service   would   expire  by   limitation   of  sentence. 

5.  To  grade  and  classify  the  prisoners,  in  accordance  with  the  rules 
and  regulations  of  the  board  of  directors,  now  existing  or  which  may 
hereafter  be  made,  and  to  provide  for  clothing  them  in  such  manner 
that  the  difTerent  grades  or  classes   may  be  reailily   ilistinguished. 

(i.  Tlie  warden  of  each  state  prison  or  reformstory  institution  must 
keep  a  i>unislinient  book  in  which  a  record  of  all  punishments  and  what 
kind  of  punisliments  arc  administered  to  prisoners  or  inmates,  if  any;  the 
offense  committed;  the  rule  or  rules  violated;  the  nature  of  punishment 
administered;  the  name  of  the  officer  who  ordered  such  punishment; 
the  duration  of  time  during  which  the  offender  was  subjected  to  punish- 
ment; the  condition  of  the  prisoner's  health;  the  number  of  times  pun- 
ished.    Said    book    shall    be    kept    by    an    officer    of   the    prison. 

7.  To  perform  such  other  duties  as  may  be  prescribed  by  the  board 
of  directors.  [Amendment  approved  June  16,  1913;  Stats.  1913,  p.  1664. 
In  effect  August  10,  1913.] 

Moneys  received  at  San  Quentin  or  Folsom. 

§  1584.  All  moneys  received  or  colUnted  by  the  warden  of  San  Quen- 
tin prison  shall  be  reportetl  to  the  state  controller  on  the  first  day  of 
each  and  every  month  in  such  form  as  the  controller  may  require,  and, 
at  the  same  time,  shall,  on  the  order  of  the  controller,  be  paid  into  the 


'257  PENAL  CODE.  §§  1588-1616 

state  treasury  to  the  credit  of  "the  prison  fund  of  San  Quentin  prison," 
except  so  nuicii  tlieroof  as  shall  be  necessary  to  be  paid  into  the  jute  re- 
volving fund  as  required  by  the  provisions  of  an  act  of  the  legisla- 
ture, approved  March  9,  1885,  and  the  acts  amendatory  thereof  or  sup- 
plemental thereto.  All  mone}'  received  or  collected  by  the  warden  of 
Folsom  prison  shall  be  reported  to  the  state  controller  on  the  first  day 
of  each  and  every  month,  in  such  form  as  the  controller  may  require, 
and  at  the  same  time  shall  be  paid  into  the  state  treasury  to  the  credit 
of  the  Folsom  state  prison  fund  excepting  so  much  thereof  as  may  be 
necessary  to  pay  the  expenses  and  money  allowed  discharged  prisoners 
under  the  provisions  of  this  title.  The  wardens  shall  require  vouchers 
for  all  moneys  by  them  expended,  and  safely  keep  the  same  on  file  in 
their  respective  oflfices  at  the  prisons.  For  all  sums  of  money  required 
to  be  paid  other  than  for  the  uses  above  named,  as  well  as  for  said 
uses  when  there  is  not  sufficient  money  in  the  hands  of  the  warden, 
drafts  shall  be  drawn  on  the  controller  of  state,  signed  by  at  least  three 
of  the  directors,  and  the  controller  of  state  shall  draw  his  warrant  on 
the  state  treasurer,  who  shall  pay  the  same  out  of  any  moneys  belonging 
to  the  state  prison  funds,  or  appropriated  for  the  use  or  support  of 
the  state  prisons.  The  amount  of  all  money  retained  by  the  war- 
dens, and  the  aggregate  amount  paid  out,  shall  be  reported  quarterly 
to  the  controller  of  state  and  the  proper  entries  shall  bo  made  on  the 
controller's  books.  [Amendment  approved  February  28,  1911;  Stats. 
1911,  p.   91.] 

§  1588. 

Citations.      App.   13/400. 

Care  of  female  prisoners  in  .county  jails. 

§  1616.  Whenever  any  female  prisoner  or  prisoners  are  confined  in 
any  county  jail  in  the  state,  and  no  regular  jail  matron  has  been  ap- 
pointed, there  shall  be  designated  by  the  sheriff  some  suitable  woman 
who  shall  have  immediate  care  of  such  female  prisoner  or  prisoners. 
Such  female  prisoners  shall  be  so  kept  that  they  cannot  see  or  be  seen 
by,  or  converse  with,  any  male  prisoners  confined  in  said  jail,  and  it 
shall  be  unlawful  for  any  male  officer  or  jailer  to  search  the  person  of 
any  female  prisoner,  or  to  enter  into  the  room  or  cell  occupied  by  any 
female  prisoner,  except  in  the  company  of  such  matron  or  woman  having 
the  care  of  such  female  prisoner.  [New  section,  approved  April  15,  1911; 
Stats.  1911,  p.  924.] 
17 


THE 

POLITICAL  CODE 

OF  TUE 

STATE  OF  CALIFORNIA. 

AMENDMENTS  OF  1911  AND  1913. 
§  3. 

Citations.      Cal.   155/761. 

§  8. 

Citations.      App.   10/797. 

Holidays.     Saturday    half-holiday.     Public    schools. 

§  10.  Holidays,  within  the  meaiiinfj  of  tliis  code,  are  every  Sunday, 
the  first  day  of  January,  twelfth  day  of  February,  to  be  known  as  Lin- 
coln day,  twenty-second  day  of  February,  thirtieth  day  of  May,  fourth 
day  of  July,  ninth  day  of  September,  first  Monday  in  September,  twelfth 
day  of  October,  to  be  known  as  "Columbus  day,"  twenty-fifth  dav  of 
December,  every  day  on  which  an  election  is  held  throughout  the  state, 
and  every  day  appointed  by  the  President  of  the  United  States  or  by 
the  governor  of  this  state  for  a   public   fast,  thanksgiving  or  holiday. 

If  the  first  day  of  .Tanuary,  twelfth  day  of  February,  twenty-second 
day  of  February,  the  thirtieth  day  of  May,  the  fourth  day  of  July,  the 
ninth  day  of  Sejjtember,  the  twelfth  day  of  October,  or  the  twenty-fifth 
day  of  December  falls  upon  a  Sunday,  the  Monday  following  is  a  holi- 
day. 

Every  Saturday  from  12  o'clock  noon  iintil  12  o'clock  midnight 
is  a  holiday  as  regards  the  transaction  of  business  in  the  public 
offices  of  this  state,  and  also  in  political  divisions  thereof  where  laws, 
ordinances  or  charters  provide  that  public  offices  shall  be  closed  on 
holidays;  this  shall  not  be  construed  to  prevent  or  invalidate  the  issu- 
ance, filing,  service,  executioH  or  recording  of  any  legal  process  or 
■written  instrument  whatever  on  such  Saturday  afternoon;  and  provided, 
further,  that  the  pnblic  schools  of  this  state  shall  close  on  Saturday, 
Sunday,  the  first  day  of  January,  the  thirtieth  day  of  May,  the  fourth 
day  of  July,  the  twenty-fifth  day  of  December  and  on  every  day  ap- 
pointed by  the  President  of  the  United  States  or  the  governor  of  this 
state   for   a  public   fastj   thanksgiving   or   holiday.     Said   public   schools 

(259) 


§§  13-17  POLITICAL    CODE.  260 

shall  continue  in  session  on  all  other  legal  holidays  and  shall  hold 
proper  exercises  commemorating  the  day.  Boards  of  school  trustees  and 
city  boards  of  education  shall  have  power  to  declare  a  holiday  in  the 
public  schools  under  their  jurisdiction  when  good  reason  exists  there- 
for.    [Amendment  approved  March  27,  1911;  Stats.  1911,  p.  521.] 

§  13. 

Citations.      Gal.   158/348;    160/291.     App.   9/472. 

§  15. 

Citations.      App.   11/415. 

Words  and  terms  used  in  the  Political  Code  defined, 

§  17.  Words  used  in  this  rode  in  the  present  tense  include  the  future 
as  well  as  the  present;  words  used  in  the  masculine  gender  include  the 
feminine  and  neuter;  the  singular  number  includes  the  plural,  and  the 
plural  the  singular;  the  word  "person"  includes  a  corporation  as  well 
as  a  natural  person;  writing  includes  printing  and  typewriting;  oath 
includes  affirmation  or  declaration;  every  mode  of  oral  statement  under 
oath  or  affirmation  is  embraced  by  the  term  "testify,"  and  every  written 
one  in  the  term  "depo«e";  signature  or  subscription  includes  mark,  when 
the  person  cannot  write,  his  name  being  written  near  it  by  a  nerson  who 
writes  his  own  name  as  a  witness;  provided,  that  when  a  signature  is 
made  by  mark  it  must,  in  order  that  the  same  may  be  acknowledged 
or  serve  as  the  signature  to  any  sworn  statement,  be  witnessed  by  two 
persons  who  must  subscribe  their  own  names  as  witnesses  to  such  signa- 
ture. The  following  words,  also,  have  in  this  code  the  signification 
attached  to  them  in  this  section,  unless  otherwise  apparent  from  the 
context: 

One — The  word   "property"   includes  both  real  and   personal   property; 

Two — The  words  "real  property"  are  coextensive  with  lands,  tenements 
and   hereditaments; 

Three — The  words  "personal  property"  include  money,  goods,  chattels, 
things  in  action,  and  evidences  of  debt; 

Four — The  word  "month"  means  a  calendar  month,  unless  otherwise 
expressed; 

Five — The  word  "will"  includes  codicil; 

Six — The  word  "writ"  signifies  an  order  or  precept  in  writing,  issued 
in  the  name  of  the  peo])le,  or  of  a  court  or  judicial  officer,  and  the 
word  "process"  a  writ  or  summons  issued  in  the  course  of  judicial  pro- 
ceedings; 

Seven — The  word  "vessel,"  when  used  with  reference  to  shipping,  in- 
cludes ships  of  all  kinds,  steamboats,  and  steamships,  canal  boats,  barges, 
and  every  structure  adapted  to  be  navigated  from  place  to  place  for 
the  transportation  of  merchandise  or  persons; 

Eight — The  term  "peace  otficer"  signifies  any  one  of  the  officers  men- 
tioned  in   section   817   of   the  Penal   Code; 


261  POLITICAL   CODE.  §§  51-78 

Nine — The  term  "magistrate"  signifies  any  one  of  the  officers  men- 
tioned in  section  808  of  the  Penal  Code; 

Ten — The  word  "state,"  when  ap[)lied  to  the  different  parts  of  the 
United  States,  includes  the  District  of  Columbia  and  the  territories; 
and  the  words  "United   States"  may  include  the  District  and  territories; 

Eleven — The  word  "section,"  whenever  used  in  this  code,  refers  to  a 
section  of  this  code,  unless  some  other  code  or  statute  is  expressly  men- 
tioned. [Amendment  approved  January  25,  1912;  Stats.  Ex.  Sess.  1911, 
p.   249.] 


§ 

51. 

Citations. 

App. 

14/665. 

§ 

52. 

Citations. 

Cat. 

164/628. 

§ 

58. 

Citations. 

App. 

18/444. 

Senatorial  districts. 

§  78.     The  state  is  divided  into  forty  senatorial  districts,  which  shall 
be  designated  and  constituted  as  follows: 

First. 

1.  The    counties    of   Del    Norte,   Humboldt,   Trinity   and   Tehama   shall 
constitute  the  first  senatorial  district. 

Second. 

2.  The  counties  of  Modoc,  Siskiyou,  Shasta  and  Lassen  shall  constitute 
the  second  senatorial  district. 

Third. 

3.  The    counties    of    Plumas,    Sierra,    Nevada,    Placer    and    El    Dorado 
shall  constitute  the  third  senatorial  district. 

Fourth. 

4.  The  counties  of  Mendocino,  Colusa,  Lake  and  Glenn  shall  constitute 
the   fourth   senatorial   district. 

Fifth. 

5.  The  counties  of  Napa  and  Solano  sliall  constitute  the  fifth  senatorial 
district. 

Sixth. 

6.  The  counties  of  Butte,  Yuba,  Sutter  and  Yolo  shall  constitute  the 
sixth   senatorial   district. 

Seventh. 

7.  The   county   of   Sacramento   shall   constitute   the   seventh   senatorial 
district. 


§  78  POLITICAL   CODE.  262 

Eighth, 

8.  The  county  of  Sonoma  shall  constitute  the  eighth  senatorial  dis- 
trict. 

Ninth. 

9.  The  counties  of  Marin  and  Contra  Costa  shall  constitute  the  nicth 
senatorial  district. 

Tenth. 

10.  The  counties  of  San  Joaquin  and  Amador  shall  constitute  the 
tenth    senatorial    district. 

Eleventh. 

11.  The  counties  of  San  Mateo,  San  Benito  and  Santa  Cruz  shall 
constitute   the   eleventh   senatorial   district. 

Twelfth. 

12.  The  counties  of  Tuolumne,  Mariposa,  Stanislaus,  Merced,  Alpine, 
Mono,  Madera  and  Calaveras  shall  constitute  the  twelfth  senatorial 
district. 

Thirteenth. 

l.'l  Ail  that  portion  of  the  county  of  Alameda  described  as  fallows,  to 
wit:  Boginning  at  a  point  where  the  line  dividing  Oakland  and  Brooklyn 
townships  intersects  the  northeasterly  boundary  line  of  the  county  of 
Alameda;  thence  southwesterly  along  said  dividing  line  to  the  north- 
easterly boundary' line  of  the  city  of  Piedmont;  thence  southeasterly 
and  soutlierly  following  the  northern  and  eastern  boundary  line  of  the 
city  of  Piedmont  to  the  southeasterly  corner  thereof;  thence  south- 
westerly along  Thirteenth  avenue  to  the  center  line  of  Fourteenth 
avenue;  thence  southerly  along  the  center  line  of  Fourteenth  avenue 
to  the  center  line  of  Lincoln  street;  thence  easterly  along  the  center  line 
of  Lincoln  or  East  Tliirty  first  street  to  the  center  line  of  Twenty-third 
avenue;  thence  southerly  along  the  center  line  of  Twenty-third  avenue 
to  the  center  line  of  Sherman  street,  otherwise  known  as  the  old  County 
Koad;  thence  easterly  along  said  old  County  Road  to  the  center  line  of 
High  street;  thence  easterly  along  center  line  of  the  Foothill  Road,  or 
County  Eoad  No.  3358,  to  the  center  line  of  Grand,  or  Ninetieth  Avenue; 
thence  southwesterly  along  said  line  of  Ninetieth  avenue,  crosssing 
East  Fourteonth  street  to  the  center  line  of  "B,"  or  Second  street; 
thence  easterly  along  said  "B"  street  to  the  center  line  of  .Tones,  or 
Ninety-eighth  avenue;  thence  southerly  along  the  center  line  of  Jones, 
or  Ninety-eighth  avenue,  to  the  center  line  of  County  Road  No.  1995; 
thence  southerly  along  center  line  of  County  Road  No.  1995  to  the  line 
dividing  Brcoklyn  and  Eden  townships;  thence  westerly  along  said 
township  line  to  the  line  dividing  Brooklyn  and  Alameda  townships; 
thence  southerly  and  westerly  along  the  boundary  line  of  .\lamcd.a 
township    to    the    westerly    boundary    line    of    Alameda    county;    thence 


263  POLITICAL    CODE.  §  78 

southerly  along  said  westerly  boundary  line  to  its  intersection  with  the 
northerly  boundary  line  of  Santa  Clara  county;  thenee  easterly  alnn^ 
the  boundary  line  dividing  Alameda  and  Santa  Clara  counties  to  a  point 
which  is  the  intersection  of  the  boundary  lines  of  the  counties  of  Ala- 
meda, Santa  Clara,  Stanislaus  and  San  Joa(juin;  thence  northwesterly 
and  northerly  along  the  boundary  line  between  the  counties  of  Alameda 
and  San  Joaquin  to  a  point  where  the  boundary  line  dividing  the 
counties  of  Alameda  and  Contra  Costa  intersects  the  westerly  boundary 
line  of  the  county  of  San  Joaquin;  thence  in  a  southwesterly  and  north- 
westerly direction  along  the  boundary  line  between  the  counties  of 
Alameda  and  Contra  Costa  to  the  point  of  beginning,  shall  constitute 
the  thirteenth   senatorial  district. 

rourteenth, 

14.  All  that  portion  of  the  county  of  Alameda  described  as  follows, 
to  wit:  Beginning  at  a  point  where  the  westerly  boundary  line  of  the 
county  of  Alameda  is  intersected  by  the  line  dividing  Oakland  and 
Alameda  townships;  thence  easterly  along  said  dividing  line  to  a  point 
in  Oakland  harbor  where  said  line  is  intersected  by  the  line  dividing 
Oakland  and  Brooklyn  townships;  thence  northerly  along  the  westerly 
boundary  line  of  Brooklyn  township,  passing  through  the  easterly  arm  of 
Lake  Merritt  and  up  Indian  Gulch  to  the  northeasterly  boundary  line  of 
East  Oakland  Heights;  thence  southeasterly  along  said  last  boundary 
line  to  the  center  of  Thirteenth  avenue;  thence  northeasterly  along 
center  line  of  Thirteenth  avenue,  or  County  Road  to  Moraga  Valley,  to 
the  center  line  of  Fourteenth  avenue;  thence  southerly  along  the  center 
line  of  Fourteenth  avenue  to  the  center  line  of  Lincoln  street;  thence 
easterly  along  the  center  line  of  Lincoln,  or  East  Thirty-first  street, 
to  the  center  line  of  Twenty-third  avenue;  thence  southerly  along  the 
center  line  of  Twenty-third  avenue  to  the  center  line  of  Sherman  street, 
otherwise  known  as  old  County  Eoad;  thence  easterly  along  said  old 
County  Road  to  the  center  line  of  High  street;  thence  along  the  center 
line  of  Foothill  Road,  or  County  Road  No.  3358,  to  the  center  line  of 
Grand,  or  Ninetieth  avenue;  thence  southerh'  along  said  line  of  Nine- 
tieth avenue,  crossing  East  Fourteenth  street  to  "B,"  or  Second  street; 
thenee  easterly  along  said  "B"  street  to  the  center  line  of  Jones,  or 
Ninety-eighth  avenue;  thence  southerly  along  the  center  line  of  Jones,  or 
Ninety-eighth  avenue,  to  the  center  line  of  County  Road  No.  1995;  thence 
southerly  along  center  line  of  County  Road  No.  1995  to  the  line  divid- 
ing Brooklyn  and  Eden  townships;  thence  westerly  along  said  town- 
ship line  to  the  line  dividing  Brooklyn  and  Alameda  townships;  thence 
southerly  and  westerly  along  the  boundary  line  of  Alameda  township 
to  the  westerly  boundary  line  of  Alameda  county;  thence  northwesterly 
along  the  westerly  county  boundary  line  to  the  southerly  boundary  line 
of  Oakland  township  and  the  point  of  beginning,  shall  constitute  the 
fourteenth  senatorial  district. 


§  78  POLITICAL    CODE.  264 

Fifteenth. 

15.  All  that  portion  of  the  county  of  Ahimeda  described  as  follows, 
to  wit:  Beginning  at  a  point  where  the  northern  boundary  line  of 
the  city  of  Berkeley  intersects  the  northeasterly  boundary  line  of  the 
county  of  Alameda;  thence  westerly  along  said  northern  boundary  line 
of  the  city  of  Berkeley  to  a  point  where  the  same  is  coincident  with 
the  center  line  of  Eunice  street;  thence  westerly  along  the  center  line 
ot  Eunice  street  to  the  center  line  of  Milvia  street;  thence  southerly 
along  the  center  line  of  Milvia  street  to  the  center  line  of  .\deline 
street;  thence  southerly  along  the  center  line  of  Adeline  street  to  the 
northerly  boundary  line  of  the  town  of  Emeryville;  thence  easterly, 
southerly  and  westerly  following  the  boundary  line  of  the  town  of 
Emeryville  to  the  center  line  of  San  Pablo  avenue;  thence  southerly 
along  the  center  line  of  San  Pablo  avenue  to  the  center  line  of  Broad- 
way; thence  southerly  along  the  center  line  of  Broadway  to  the  north- 
ern boundary  line  of  Alameda  township;  thence  easterly  along  the 
northern  boundary  lino  of  Alameda  township  to  the  westerly  line  of 
Brooklyn  township,  the  same  being  a  point  in  Oakland  harbor;  thence 
northerly  along  the  westerly  boundary  line  of  Brooklyn  lownship,  pass- 
ing through  the  easterly  arm  of  Lake  Merritt  and  up  Indian  Gulch  to 
the  northeasterly  boundary  line  of  East  Oakland  Heights;  thence 
southeasterly  along  last  said  boundary  line  to  the  center  line  of  Thir- 
teenth avenue;  thence  northeasterly  along  the  center  line  of  Thirteenth 
avenue,  or  County  Road  to  Moraga  Valley,  to  the  southeastern  corner 
of  the  city  of  Piedmont;  thence  northerly  and  westerly  following  the 
easterly  and  northerly  boundary  lines  of  the  city  of  Piedmont  to  the 
line  dividing  Brooklyn  and  Oakland  townships;  thence  northeasterly 
along  the  last  said  township  line  to  the  boundary  line  of  .\lameda 
county;  thence  northwesterly  along  the  county  boundary  line  to  the 
point  of  beginning,  shall  constitute  the  fifteenth  senatorial  district. 

Sixteenth. 

K).  All  that  portion  of  the  county  of  Alameda  described  as  follows, 
to  wit:  Beginning  at  a  point  where  the  northerly  boundary  line  of  the 
city  of  Berkeley  intersects  the  northeasterly  boundary  line  of  the  county 
of  Alameda;  thence  westerly  along  said  northern  boundary  line  of  the 
city  of  Berkeley  to  a  point  where  the  same  is  coincident  with  the 
center  line  of  Eunice  street;  thence  westerly  along  the  center  line  of 
Eunice  street  to  the  center  line  of  Milvia  street;  thence  southerly  along 
the  center  line  of  Milvia  street  to  the  center  line  of  Adeline  street; 
thence  southerly  along  the  center  line  of  Adeline  street  to  the  northerly 
boundary  line  of  the  town  of  Emeryville;  thence  easterly,  southerly  and 
■westerly,  following  the  boundary  line  of  the  town  of  Emeryville  to  the 
center  lino  of  San  Pablo  avenue;  thence  southerly  along  the  center  line 
of  San  Pablo  avenue  to  the  center  line  of  Bronilway;  thence  southerly 
along  the  center  line  of  Broadway  to  the  northern  boundary  line  of 
Alameda  township;  thence  westerly  along  the  line  dividing  Alameda  and 


265  POLITICAL   CODE.  §  78 

Oakland  townships  to  the  western  boundary  line  of  the  county  of 
Alameda;  thence  northerly  along  the  said  county  boundary  line  to  the 
northern  boundary  line  of  the  county  of  Alameda;  thence  easterly  fol- 
lowing the  northern  boundary  line  of  the  county  of  Alameda  to  the 
point  of  beginning,  shall  constitute   the  sixteenth  senatorial  district. 

Seventeenth, 

17.  The  counties  of  Monterey  and  San  Luis  Obispo  shall  constitute 
the  seventeenth  senatorial  district. 

Eighteenth. 

IS.  All  that  portion  of  the  city  and  county  of  San  Francisco  described 
as  follows:  Coiiiinencing  at  the  point  of  intersection  of  Van  Ness  avenue 
and  Market  street,  continuing  thence  along  the  center  line  of  the  follow- 
ing named  streets,  to  wit:  Market  to  the  waters  •ef  the  Bay  of  San 
Francisco;  thence  along  the  shore  line  northerly  to  Filbert  street,  Filbert 
to  Leavenworth,  Leavenworth  to  Broadway,  Broadway  to  Van  Ness 
avenue.  Van  Ness  avenue  to  Market  street,  the  place  of  beginning, 
together  with  all  the  waters  of  the  bay  of  San  Francisco  and  the  islands 
contained  therein,  situated  within  the  boundaries  of  the  city  and  county 
of  San   Francisco,  shall  constitute  the  eighteenth   senatorial   district. 

Nineteenth. 

19.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  point  of  intersection  of  Maple  and 
California  streets,  continuing  thence  along  the  center  line  of  the  follow- 
ing named  streets:  California  to  Baker,  Baker  to  Pine,  Pine  to  Laguna, 
Laguna  to  Sutter,  Sutter  street  to  Van  Ness  avenue,  Van  Ness  avenue 
to  Broadway,  Broadway  to  Leavenworth,  Leavenworth  to  Filbert,  Fil- 
bert to  the  waters  of  the  bay  of  San  Francisco;  thence  along  the  shore 
line  of  said  bay  northerly  and  westerly  to  the  waters  of  the  Pacific 
ocean;  thence  along  said  shore  line  to  Lobos  creek  where  the  same  enters 
into  the  Pacific  ocean;  thence  along  the  line  of  said  creek  and  the 
soutLerly  boundary  line  of  the  Presidio  Reservation  to  Maple  street. 
Maple  to  California,  the  place  of  beginning,  shall  constitute  the  nine- 
teenth senatorial   district. 

Twentieth. 

20.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  intersection  of  Pine  and  Laguna  streets, 
continuing  thence  along  the  center  line  of  the  following  named  streets: 
Laguna  to  O'Farrell.  O'Farrell  street  to  St.  Joseph  avenue,  St.  Joseph 
avenue  to  Turk,  Turk  to  Baker,  Baker  to  Oak  street.  Oak  street  to 
Central  avenue.  Central  avenue  to  Buena  Vista  avenue,  Buena  Vista 
avenue  to  Frederick  street,  Frederick  to  Clayton,  Clayton  street  to 
Clarendon  avenue.  Clarendon  avenue  to  Burnett  avenue,  Burnett  avenue 
to  Palo  Alto  avenue,  Palo  Alto  avenue  to  the  easterly  line  of  the  San 
Miguel    rancho;    thence    along   said   line    northerly    to    a    point    opposite 


§  78  POLITICAL   CODE.  2  6 '3 

Seventeenth  street;  thence  along  said  line  of  Seventeenth  street,  if  ex- 
tended, to  Kirkham  street,  Kirkham  street  to  Locksley  avenue,  Locksley 
avenue  to  the  westerly  line  of  San  Miguel  rancho;  thence  along  said 
line  to  Corbett  avenue  and  Sloat  boulevard;  thence  along  said  line  of 
the  Sloat  boulevard  to  the  waters  of  the  Pacific  ocean;  thence  along 
the  shore  line  of  said  ocean  norrtherly  and  easterly  to  Lobos  creek; 
thence  along  the  line  of  said  creek  and  the  southerly  boundary  line  of 
the  Presidio  Reservation  to  Maple  street,  Maple  to  California,  California 
to  Baker,  Baker  to  Pine,  Pine  to  Laguna,  the  place  of  beginning,  to- 
gether with  the  islands  known  as  the  Faralione  Islands,  shall  constitute 
the   twentieth   senatorial   district. 

Twenty-first. 

21.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  point  of  intersection  of  the  center  line 
of  Twenty-first  street  with  the  center  line  of  Dolores  street;  thence  along 
the  center  line  of  the  following  named  streets,  to  wit:  Twenty-first  street 
to  San  Carlos  street,  San  Carlos  stre^-t  to  Eighteenth  street,  Eighteenth 
street  to  Shotwell  street,  Shotwell  street  to  Twenty-first  street.  Twenty- 
first  street  to  Bryant  avenue,  Bryant  avenue  to  Armj*  street,  .\rmy 
street  to  Mission  street,  Mission  street  to  Twenty-ninth  street.  Twenty- 
ninth  street  to  Dolores  street,  Dolores  street  to  point  of  beginning;  and 
all  that  portion  of  the  city  and  county  of  San  Francisco  bounded  as 
follows:  Commencing  at  the  point  of  intersection  of  Oak  and  Fillmore 
streets;  thence  along  the  center  line  of  the  following  named  streets: 
Fillmore  street  to  Duboce  avenue,  Duboce  avenue  to  Church  street, 
Church  street  to  Twenty  first  street,  Twenty-first  street  to  Dolores 
street,  Dolores  street  to  Twonty-secoud  street,  Twenty-second  street 
to  Grand  View  avenue,  Grand  View  avenue  to  Dixie  alley,  Dixie  alley 
to  Burnett  avenue,  Burnett  avenue  to  Corbett  avenue,  Corbett  avenue 
to  the  westerly  boundary  line  of  the  San  Miguel  rancho;  thence  along 
the  line  of  said  San  Miguel  rancho  northeasterly  to  Locksley  avenue, 
Locksley  avenue  to  Kirkliam  street;  thence  along  the  line  of  Kirkham 
street,  if  extended,  easterly  to  a  peint  in  the  easterly  boundary  line  of 
the  San  Miguel  rancho  o]>posite  Seventeenth  street;  thence  along  said 
line  southerly  to  Palo  .\lto  avenue,  Palo  .Vlto  avenue  to  Burnett  avenue, 
Burnett  avenue  to  Clarendon  avenue.  Clarendon  avenue  to  Clayton 
street,  Clayton  street  to  Frederick  street.  Frederick  street  to  Buena 
Vista  avenue,  Buena  Vista  avenue  to  Central  avenue.  Central  avenue  to 
Oak  street.  Oak  street  to  Fillmore  street,  the  place  of  beginning,  and 
the  following  described  portion  of  the  city  and  county  of  San  Fran- 
cisco, to  wit:  Commencing  at  the  point  of  intersection  of  the  center 
line  of  Bryant  avenue  with  the  center  line  of  Twenty-first  street;  thence 
along  the  center  line  of  the  following  named  streets,  to  wit:  Bryant 
avenue  to  Army  street,  .Army  street  to  Connecticut  street,  Connecticut 
street  to  Twentieth  street,  Twentieth  street  to  Bryant  avenue,  Bryant 
avenue  to  the  point  of  beginning,  sliall  constitute  the  twenty-fiist 
senatorial  district. 


26T  POLITICAL    CODE.  §  78 

Twenty-second, 

-li.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  intersection  of  Twenty-first  street  and 
Bryant  avenue,  continuing  thence  along  the  center  line  of  the  following 
named  streets:  Bryant  avenue  to  Eleventh  street,  Eleventh  to  Market, 
Market  street  to  Van  Ness  avenue,  Van  Ness  avenue  to  Sutter  street, 
Sutter  street  to  Laguua,  Laguna  to  O'Farrell,  O'Farrell  street  to  St. 
Joseph  avenue,  St.  Josej)h  avenue  to  Turk  street,  Turk  to  Baker,  Baker 
to  Oak,  Oak  to  Fillmore,  Fillmore  to  Duboee  avenue,  Duboce  avenue  to 
Church  street.  Church  street  to  Twenty-first  street,  Twenty-first  street 
to  San  Carlos  street,  San  Carlos  street  to  Eighteenth  street.  Eighteenth 
street  to  Shotwell  street,  Shotvvell  street  to  Twenty-first  street,  Twenty- 
first  street  to  Bryant  avenue,  the  place  of  beginning,  shall  constitute  the 
twenty-second   senatorial   district. 

Twenty-third. 

23.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  point  of  intersection  of  the  center  line 
of  Market  street  with  the  center  line  of  Eleventh  street;  thence  along 
the  center  line  of  the  following  named  streets,  to  wit:  Eleventh  street 
to  Bryant  avenue,  Bryant  avenue  to  Twentieth  street,  Twentieth  street 
to  the  bay  of  San  Francisco;  thence  northerly  along  the  shore  line  of 
said  bay  to  its  intersection  with  the  center  line  of  Market  street;  thence 
along  the  center  line  of  Market  street  to  the  point  of  beginning,  and 
the  following  described  portion  of  the  city  and  county  of  San  Francisco: 
Commencing  at  the  point  of  intersection  of  the  center  line  of  Twentieth 
street  with  the  center  line  of  Connecticut  street;  thence  along  the  cen- 
ter line  of  the  following  named  streets,  to  wit:  Connecticut  street  to 
Army  street,  Army  street  to  San  Bruno  avenue,  San  Bruno  avenue  to- 
the  boundary  line  between  the  city  and  county  of  San  Francisco  and  the 
county  of  San  Mateo;  thence  easterly  along  said  boundary  line  to  the 
shore  line  of  the  bay  of  San  Francisco;  thence  northerly  along  said 
shore  line  to  its  intersection  with  the  center  line  of  Twentieth  street; 
thence  along  the  center  line  of  Twentieth  street  to  the  point  of  begin- 
ning, shall  constitute  the  twenty-third  senatorial  district. 

Twenty- fourth. 

24.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  point  of  iutersectioii  of  Dolores  and 
Twenty-ninth  streets;  thence  along  the  center  line  of  the  following 
named  streets,  to  wit:  Twenty-ninth  to  Mission,  Mission  to  Army,  Army 
to  San  Bruno  avenue,  San  Bruno  avenue  to  the  boundary  line  dividing 
the  city  and  county  of  San  Francisco  and  the  county  of  San  Mateo; 
thence  along  said  boundary  line  westerly  to  San  Jose  avenue,  San  Jose 
avenue  to  Dolores  street,  Dolores  street  to  Twenty-ninth  street,  the  place 
of  beginning;  and  all  that  portion  of  the  city  and  county  of  San  Fran- 
cisco ijounded  as  follows:  Commencing  at  the  point  of  intersection  of 
Twenty-second    and    Dolores    streets;    thence    along    the    center    line    of 


§  78  POLITICAL    CODE.  268 

the  following  named  streets:  Dolores  street  to  San  Jose  avenue.  San 
Jose  avenue  to  the  boundary  line  dividing  the  city  and  county  of  San 
Francisco  and  the  county  of  San  Mateo;  thence  along  said  boundary 
line  westerly  to  the  intersection  of  the  waters  of  the  Pacific  ocean; 
thence  along  the  shore  line  of  said  ocean  northerly  to  the  Sloat  boule- 
vard; thence  along  Sloat  boulevard  to  Corbett  avenue,  Corbett  avenue 
to  Burnett  avenue,  Burnett  avenue  to  Dixie  alley,  Dixie  alley  to  Grand 
View  avenue.  Grand  View  avenue  to  Twenty-second  street,  Twenty- 
second  to  Dolores  street,  the  place  of  beginning,  shall  constitute  the 
twenty  fourth  senatorial   district. 

Twenty-fifth. 

25.  Tlie  counties  of  Ventura  and  Santa  Barbara  shall  constitute  the 
twenty-fifth   senatorial   district. 

Twenty-sixth. 

26.  The  county  of  Fresno  shall  constitute  the  twenty-sixth  senatorial 
district. 

Twenty  seventh. 

27.  All  that  portion  of  the  county  of  Santa  Clara  not  included  in  the 
twenty-eighth  senatorial  district,  as  designated  and  constituted  by  this 
section,   shall   constitute   the   twenty-seventh   senatorial  district. 

Twenty-eighth. 

28.  All  that  portion  of  the  county  of  Santa  Clara  embraced  within 
the  following  precincts,  as  constituted  at  the  general  election  in  1910, 
to  wit:  Agnews,  that  part  of  Alameda  precinct  lying  north  of  the 
center  line  of  Park  avenue,  Alviso,  Berryessa,  Burbank,  that  part  of 
Crandalville  precinct  number  1  lying  outside  of  the  city  limits  of  the 
city  of  San  Jose,  as  established  in  1911,  Cupertino,  East  San  .lose 
number  2,  Fremont,  .Tefferson,  Mayfield,  Milpitas  numbers  1  and  2, 
Mountain  View  numbers  1  and  2,  Mount  Hamilton,  Orchard,  Palo  Alto 
numbers  1,  2,  3,  4  and  5,  Purissima,  San  .Tose  numbers  1,  2,  3,  4,  5,  6, 
7,  8,  9,  10,  11  and  12,  Santa  Clara  numbers  1,  2,  3  and  4,  Saratoga, 
Stanford,  Stockton,  Sunnyvale  numbers  1  and  2,  and  University  numbers 
1  and  2,  shall  constitute  the  twenty-eighth  senatorial  district. 

Twenty-ninth. 

29.  All  that  portion  of  the  county  of  Los  .\ngele8  bounded  as  follows: 
Commencing  at  the  intersection  of  the  north  patent  boundary  line  of 
the  city  of  Los  Angeles  with  the  center  line  of  the  TvOs  Angeles  river; 
thence  southeasterly  and  southerly  along  the  center  line  of  the  Los 
Angeles  river  and  the  center  line  of  the  official  bed  of  the  Los  Angeles 
river  to  its  intersection  with  the  center  line  of  North  Broadway  from 
the  east;  thence  along  the  center  line  of  the  following  named  streets, 
to  wit:  North  Broadway  to  Daly  street,  Daly  street  to  Mission  road, 
Mission   road   to   Gallardo   street,   Gallardo  street   to   Macy   street,   Macy 


269  POLITICAL    CODE.  §  78 

street  to  Brooklyn  avenue,  Brooklyn  avenue  to  Pleasant  avenue,  Pleas- 
ant avenue  to  First  street,  First  street  to  Pecan  street.  Pecan  street 
to  Fifth  street.  Fifth  street  to  Gless  street,  Gless  street  to  Sixth  street, 
Sixth  street  and  its  extension  westerly  along  the  line  of  assembly  dis- 
trict number  65,  as  designated  and  cons'tituted  by  section  90  of  this 
code,  to  the  center  line  of  the  official  bed  of  the  Los  Angeles  river; 
thence  southerly  along  the  line  last  mentioned  and  the  prolongation 
thereof  to  the  south  boundary  line  of  the  city  of  Los  Angeles;  thence 
westerly  along  the  line  last  mentioned  to  the  center  line  of  Alameda 
street,  Alameda  street  to  Twentieth  street.  Twentieth  street  to  Compton 
avenue,  Compton  avenue  to  Twenty-first  street.  Twenty-first  street  to 
Central  avenue,  Central  avenue  to  Twenty-first  street  from  the  west. 
Twenty-first  street  to  Maple  avenue.  Maple  avenue  to  Eleventh  street. 
Eleventh  street  to  Wall  street.  Wall  street  to  Fifth  street.  Fifth  street 
to  Hill  street,  Hill  street  to  Temple  street.  Temple  street  to  Hill  street. 
Hill,  street  to  Sunset  boulevard.  Sunset  boulevard  to  Hill  street.  Hill 
street  to  Alpine  street,  Al^iine  street  to  Cleveland  street,  Cleveland  street 
to  College  street.  College  street  to  Adobe  street,  Adobe  street  to  Look 
Out  Drive,  Look  Out  Drive  to  Park  Terrace,  Park  Terrace  to  Sunset 
boulevard.  Sunset  boulevard  to  Echo  Park  avenue,  Echo  Park  avenue 
and  the  prolongation  thereof  to  the  north  patent  boundary  of  the  city 
of  Los  Angeles;  thence  easterly  along  the  line  last  mentioned  to  the 
place  of  beginning,  shall  constitute  the  twenty-ninth  senatorial  district. 

Thirtieth. 

30.  The  counties  of  San  Bernardino  and  Inyo  shall  constitute  the 
thirtieth   seiiatorial   district. 

Thirty-first. 

31.  All  that  portion  of  the  county  of  Los  Angeles  embraced  within 
and  comprising  the  seventy-first  and  seventy-second  assembly  districts, 
as  designated  and  constituted  by  section  90  of  this  code,  shall  constitute 
the  thirty  first  senatorial  district. 

Tnirty-second. 

32.  The  counties  of  Kings,  Tulare  and  Kern  shall  constitute  the  thirty- 
second  senatorial  district. 

Thirty-third. 

33.  All  that  portion  of  the  county  of  Los  Angeles  embraced  within 
and  comprising  the  sixty-eighth  and  seventieth  assembly  districts,  as 
designated  and  constituted  by  section  90  of  this  code,  shall  constitute 
the  thirty-third  senatorial  district. 

Thirty- fourth. 

34.  All  that  portion  of  the  county  of  Los  Angeles  embraced  within 
and  comprising  the  sixty-second  assembly  district,  as  designated  and 
constituted    by    section    90    of    this    code    and    all    that    portion    of    said 


§  78  POLITICAL   CODE.  270 

county  bounded  as  follows:  Commencing  at  the  intersection  of  the  cen- 
ter line  of  .Washington  street  and  Hoover  street,  in  the  city  of  Los 
Angeles;  thence  along  the  center  line  of  the  following  named  streets,  to 
wit:  Hoover  street  to  Pico  street,  Pico  street  to  Hoover  street.  Hoover 
street  to  Carondelet  street,  Carondelet  street  to  Ninth  street,  Ninth 
street  to  Hoover  street,  Hoover  street  to  SfVenth  street.  Seventh  street 
to  Vermont  avenue,  Vermont  avenue  to  Melrose  avenue,  Melrose  avenue 
to  tile  west  patent  boundary  line  of  said  city;  thence  north  along  said 
patent  boundary  line  to  the  northwest  corner  of  said  city  as  described 
in  the  United  States  patent;  thence  east  along  the  north  patent  boundary 
of  said  city  to  the  easterly  line  of  that  portion  of  Tropico  precinct  num- 
ber 2  annexed  to  said  city  prior  to  November  1,  1911;  thence  north- 
westerly, westerly  and  southerly  following  the  exterior  lines  of  those 
portions  of  Tropico  precincts  numbers  1  and  2,  and  of  Ivanhoe  precinct 
so  annexed  to  said  city,  to  the  north  line  of  the  former  city  of  Holly- 
wood, the  same  being  a  point  in  the  present  north  boundary  line  of 
the  city  of  Los  Angeles;  thence  following  the  boundary  line  of  said 
city  of  Los  Angeles  westerly,  southerly,  westerly,  southerly,  westerly, 
southerly,  easterly,  southerly,  easterly  and  southerly  to  the  center  line 
of  Washington  street;  thence  east  along  said  center  line  to  the  point  of 
beginning,  shall  constitute  the  thirty  fourth  senatorial  district. 

Thirty-fifth. 

;>j.  All  that  portion  of  the  county  of  Los  Angeles  embraced  within 
and  coni|)rising  the  sixty-sixth  and  sixty-ninth  assembly  districts,  as 
designated  and  constituted  by  section  90  of  this  code,  snail  constitute 
the    thirty-fifth   senatorial    district. 

Thirty  sixth. 

36.  All  that  portion  of  the  county  of  Los  Angeles  embraced  within 
and  comprising  the  sixty  seventh  assembly  district  as  designated  and 
constitute<l  by  section  9l)  of  this  code,  and  all  that  portion  of  said 
county  embraced  within  and  comprising  the  sixty-first  assembly  distriit, 
as  so  designated  and  constitute<l,  excepting  therefrom  that  portion  of 
said  sixty-first  assembly  district  situate  within  the  city  of  Los  Angeles 
and  lying  west  of  the  following  described  lines,  to  wit.:  Beginning  at 
the  intersection  of  the  north  patent  boundary  line  of  said  <ity  with 
the  center  line  of  the  Los  .Vngeles  river;  thence  southeasterly  and 
southerly  along  the  center  line  of  the  Los  Angeles  river  and  the  center 
line  of  the  official  bed  of  the  Los  Angeles  river  to  its  intersection  with 
the  center  line  of  North  Broadway  from  the  east,  shall  constitute  the 
thirty-sixth    senatorial    district. 

Thirty- seventh. 

37.  All  that  portion  of  the  county  of  Los  Angeles  described  as  fol- 
lows: Beginning  at  the  intersection  of  the  center  lines  of  Wall  street 
and  Fifth  street,  in  the  city  of  Los  Angeles;  thence  along  the  center  lin« 
of  the  following  named  streets,  to  wit:   Fifth  street  to  Hill  street,  Hill 


271  I»OLITICAL   CODE.  §  78 

street  to  Temple  street,  Temple  street  to  Hill  street,  Hill  street  to  Sun- 
set boulevard,  Sunset  boulevard  to  Hill  street.  Hill  street  to  Alpine 
street,  Alpine  street  to  Cleveland  street,  Cleveland  street  to  College 
street,  College  street  to  Adobe  street,  Adobe  street  to  Look  Out  Drive, 
Look  Out  Drive  to  Park  Terrace,  Park  Terrace  to  Sunset  boulevard, 
Sunset  boulevard  to  Echo  Park  avenue,  Echo  Park  avenue  and  the  pro- 
longation thereof  to  the  north  patent  boundary  line  of  the  city  of  Los 
Angeles;  thence  west  along  said  boundary  line  to  the  northwest  corner 
of  said  city  as  described  in  the  United  States  patent;  thence  south 
along  the  west  patent  boundary  line  of  said  city  to  the  center  line  of 
Melrose  avenue;  thence  along  the  center  line  of  the  following  named 
streets,  to  wit:  Melrose  avenue  to  Vermont  avenue,  Vermont  avenue  to 
Seventh  street,  Seventh  street  to  Hoover  street,  Hoover  street  to  Ninth 
street,  Ninth  street  to  Blaine  street,  Blaine  street  to  Tenth  street. 
Tenth  street  to  Georgia  street,  Georgia  street  to  Ottawa  street,  Ottawa 
street  to  Figueroa  street,  Figueroa  street  to  Eleventh  street,  Eleventh 
street  to  Wall  street,  Wall  street  to  Fifth  street,  the  place  of  beginning, 
shall   constitute   the   thirty-seventh  senatorial   district. 

Thirty-eighth. 

38.  All  that  portion  of  the  county  of  Los  Angeles  bounded  as  fol- 
lows: Beginning  at  the  intersection  of  the  center  line  of  Maple  street 
and  Eleventh  street,  in  the  city  of  Los  Angeles;  thence  along  the  cen- 
ter line  of  the  following  named  streets,  to  wit:  Eleventh  street  to 
Figueroa  street,  Figueroa  street  to  Ottawa  street,  Ottawa  street  to 
Georgia  street,  Georgia  street  to  Tenth  street,  Tenth  street  to  Blaine 
street,  Blaine  street  to  Ninth  street.  Ninth  street  to  Carondelet  street, 
Caroudelet  street  to  Hoover  street,  Hoover  street  to  Pico  street,  Pico 
street  to  Hoover  street.  Hoover  street  to  Jefferson  street,  Jefferson 
street  to  Figueroa  street,  Figueroa  street  to  Vernon  avenue,  Vernon 
avenue  to  McKinley  avenue  or  the  northerly  prolongation  of  McKinley 
avenue  from  the  south,  McKinley  avenue  and  said  prolongation  to 
Fifty-first  street,  Fifty-first  street  to  Central  avenue.  Central  avenue 
to  Fifty-first  street,  Fifty-first  street  to  Hooper  avenue,  Hooper  avenue 
to  Fifty-first  street.  Fifty-first  street  and  the  easterly  prolongation 
thereof  to  a  point  in  the  easterly  boundary  line  of  the  city  of  Los 
Angeles;  thence  in  a  northerly  direction  along  said  boundary  line  to 
the  southerly  charter  boundary  line  of  the  city  of  Los  Angeles  where 
the  same  intersects  the  center  line  of  Alameda  street,  Alameda  street 
to  Twentieth  street.  Twentieth  street  to  Compton  avenue,  Compton  ave- 
nue to  Twenty-first  street,  Twenty-first  street  to  Central  avenue.  Central 
avenue  to  Twenty-first  street  from  the  west;  Twenty-first  street  to 
Maple  avenue.  Maple  avenue  to  Eleventh  street  the  place  of  beginning, 
shall  constitute  the  thirty-eighth  senatorial  district. 

Thirty- n^nth. 

3!r\  The  counties  of  Riverside,  Orange  and  Imperial  shall  constitute 
the  thirty-ninth  senatorial  district. 


§  90  POLITICAL   CODE.  272 

Fortieth. 

40.  The  pounty  of  Pan  Diego  shall  constitute  the  fortieth  senatorial 
district.  [Amendment  approved  January  2,  1912.  Stats.  Ex.  Sess.  1911, 
p    140.] 

Assembly  districts. 

§  90.  The  state  is  hereby  divided  into  eighty  assembly  districts,  re- 
spectively numbered  and  constituted  as  follows: 

First. 

1.  The  counties  of  Del  Norte  and  Siskiyou  shall  constitute  the  first 
assembly  district. 

Second. 

2.  The  county  of  Ilumboldt  shall  constitute  the  second  assembly  dis- 
trict. 

Third. 

3.  The  counties  of  Shasta  and  Trinity  shall  constitute  the  third  as- 
sembly  district. 

Fourth. 

4.  Ihc  counties  of  Plumas.  Lassen,  Modoc  and  Sierra  shall  constitute 
the  fourth   assembly  district. 

Fifth. 

5.  The  counties  of  Tehama,  Glenn  and  Colusa  shall  constitute  the  fifth 
assembly   district. 

Sixth. 

6.  The  county  of  Mendocino  shall  constitute  the  sixth  assembly  dis- 
trict. 

Seventh. 

7.  The  county  of  Butte  shall  constitute  the  seventh  assembly  district. 

Eighth. 

S.  The  counties  of  Yuba,  Sutter  and  Yolo  shall  constitute  the  eighth 
assembly  district. 

Ninth. 

!'.  The  counties  of  Nevada  and  Placer  shall  constitute  the  ninth  as- 
sembly district. 

Tenth. 

10.  The  county  of  Solano  shall  constitute  the  tenth  assembly  district. 

Eleventh. 

11.  The  counties  of  Napa  and  Lake  shall  constitute  the  eleventh  as- 
sembly district. 


273  POLITICAL   CODE.  §  90 

Twelfth. 

12.  All  that  portion  of  the  county  of  Sonoma  comprising  the  following 
cloction  prpcincts  of  1910,  to  wit:  Bloomficld,  Biucher,  Bodega,  Cazadero, 
Cotati,  Dry  Creek,  Duncan's  Mills,  Forestville,  Freestone,  Graton,  Healds- 
burg  City  numbers  1  to  4  inclusive,  Ilealdsburg  Road,  Lakeville,  Magnolia, 
Marin,  Mendocino,  Molino,  Occidental,  Pennsjirove,  Petalunia  numbers  1 
to  7  inclusive.  East  Redwood,  West  Redwood,  yebastopol  numbers  1  and  2, 
Skagg's  Spring,  Stewart's  Point,  Table  Mountain,  Timber  Cove,  Valley 
Ford,  and  Wilson,  shall  constitute  the  twelfth  assembly  district. 

Thirteenth. 

13.  All  that  portion  of  the  county  of  Sonoma  not  embraced  in  the 
twelfth  assembly  district  shall  constitute  the  thirteenth  assembly  dis- 
trict. 

Fourteenth. 

14.  All  that  portion  of  the  county  of  Sacramento,  composed  of  that 
part  of  the  city  of  Sacramento,  lying  north  of  the  center  of  "K"  street, 
and  east  of  the  center  of  Thirty-first  street,  and  all  that  portion  of 
said  Sacramento  county  included  within  the  boundaries  of  "American 
Township,"  "Brighton  Township,"'  "Center  Township,"  "Granite  Town- 
ship," "Mississippi  Township,"  "Natoma  Township,"  and  "Sutter  Town- 
ship," as  said  townships  existed  on  the  first  day  of  Jannuary,  1911,  shall 
constitute  the  fourteenth  assembly  district. 

Fifteenth. 

15.  All  that  portion  of  the  county  of  Sacramento  not  included  in  the 
fourteenth  assembly  district  shall  constitute  the  fifteenth  assembly  dis- 
trict. 

Sixteenth. 

16.  The  counties  of  Amador,  El  Dorado,  Alpine  and  Calaveras  shall 
constitute  the  sixteenth  assembly  district. 

Seventeenth. 

17.  The  county  of  Marin  shall  constitute  the  seventeenth  assembly  dis- 
trict. 

Eighteenth. 

18.  The  county  of  Contra  Costa  shall  constitute  the  eighteenth  assembly 
district. 

Nineteenth. 

19.  All  that  portion  of  the  county  of  San  Joaquin  not  included  in  the 
twentieth  district  shall  constitute  the  nineteenth   assembly  distiict. 

18 


§90 


POLITICAL  CODE.  274 


Twentieth. 

20.  All  that  portion  of  the  county  of  San  Joaquin  comprising  the  oitv 
of  Stockton  shall  constitute  the  twentieth  assembly  district. 

Twenty-first. 

21.  AH  that  portion  of  the  city  and  county  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  point  of  intersection  of  the  center  line 
of  Market  street  with  the  center  line  of  Eleventh  street;  thence  along 
the  center  line  of  the  following  named  street.*,  to  wit:  Eleventh  street 
to  Bryant  avenue,  Bryant  avenue  to  Twentieth  street,  Twentieth  street 
to  the  waters  of  the  bay  of  San  Francisco;  thence  northerly  along  the 
shore  line  of  said  bay  to  its  intersection  with  the  center  line  of  Market 
street;  thence  along  the  center  line  of  Market  street  to  the  point  of  be- 
ginning, shall  constitute  the  twenty-first  assembly  district. 

Twenty-second. 

22.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  point  of  intersection  of  the  center  line 
of  Twentieth  street  with  the  center  line  of  Bryant  avenue,  continuing 
thence  along  the  center  line  of  the  following  named  streets,  to  wit: 
Bryant  avenue  to  Army  street.  Army  street  to  San  Bruno  avenue,  San 
Bruno  avenue  to  the  boundary  line  between  the  city  and  county  of 
San  Francisco  and  the  county  of  San  Mateo;  thence  easterly  along  said 
boundary  line  to  the  bay  of  San  Francisco;  thence  northerly  along  the 
shore  line  of  the  bay  of  San  Francisco  to  its  intersection  with  the 
center  line  of  Twentieth  street;  thence  along  the  center  line  of  Twentieth 
street  to  the  jioint  of  beginning,  shall  constitute  the  twenty-second  as- 
sembly district. 

Twenty-third. 

2."?.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  point  of  interfeection  of  Dolores  and 
Twenty-ninth  streets;  thence  along  the  center  line  of  the  following 
named  streets,  to  wit:  Twenty-ninth  to  Mission,  Mission  to  Army,  Army 
to  San  Bruno  avenue,  San  Bruno  avenue  to  the  boundary  line  dividing 
the  city  and  county  of  San  Francisco  and  the  county  of  San  Mateo; 
thence  along  said  boundary  line  westerly  to  the  center  line  of  San 
.Tose  avenue;  thence  along  the  center  lines  of  the  following  named  streets, 
to  wit:  San  Jose  avenue  to  Dolores  street,  Dolores  street  to  Twenty-ninth 
street,  the  place  of  beginning,  shall  constitute  the  twenty-third  assemVdy 
district. 

Twenty- fourth. 

24.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  point  of  intersection  of  Twenty-second 
and  Dolores  streets,  thence  along  the  center  line  of  the  following  named 
streets,  to  wit:  Dolores  to  San  Jose  avenue,  San  Jose  avenue  to  the 
boundary  line  dividing  the  city  and  county   of  San  Francisco  and   the 


275  POLITICAL   CODE.  ^  90 

county  of  Ran  Mateo,  thence  along  said  boundary  line,  westerly,  to  the 
waters  of  the  Pacific  ocean;  thence  along  the  shore  line  of  said  oi'can 
northerly,  to  the  Sloat  boulevard;  thence  along  the  center  lines  of  the 
following  named  streets,  to  wit:  Sioat  boulevard  to  Corbett  avenue,  Cor- 
bett  avenue  to  Burnett  avenue,  Burnett  avenue  to  Dixie  alley,  Dixie 
alley  to  Grand  View  avenue,  Grand  View  avenue  to  Twenty-second  street, 
Twenty-second  street  to  Dolores,  the  place  of  beginning,  shall  constitute 
the  twenty-fourth  assembly  district. 

Twenty-fifth. 

25.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  point  of  intersection  of  Eighteenth  street 
and  Dolores  street,  continuing  along  the  center  lines  of  the  following  named 
streets,  to  wit:  Dolores  to  Twenty-ninth,  Twenty-ninth  to  Mission,  Mis- 
sion to  Army,  Army  to  Bryant  avenue,  Bryant  avenue  to  Eighteenth 
street,  Eighteenth  to  Harrison,  Harrison  to  Eighteenth,  Eighteenth  to 
Dolores,  the  point  of  commencement,  shall  constitute  the  twent.y-fifth  as- 
sembly  district. 

Twenty-sixth. 

2(3.  .\11  that  portion  of  the  city  and  county  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  point  of  intersection  of  McAllister  and 
Fillmore  streets,  continuing  thence  along  the  center  line  of  the  follow- 
ing named  streets,  to  wit:  Fillmore  street  to  Duboce  avenue,  Duboce 
avenue  to  Church  street,  Church  street  to  Eighteenth,  Eighteenth  to 
Dolores,  Dolores  to  Twenty-second,  Tw-enty-second  to  Grand  View  avenue. 
Grand  View  avenue  to  Dixie  alley,  Dixie  alley  to  Burnett  avenue, 
Burnett  avenue  to  Clarendon  avenue,  Clarendon  avenue  to  Clayton  street, 
Clayton  to  Ashbury,  Ashbury  to  Piedmont,  Piedmont  to  Masonic  avenue, 
Masonic  avenue  to  Java  street,  Java  street  to  Buena  Vista  avenue, 
Buena  Vista  avenue  to  Central  avenue.  Central  avenue  to  Oak  street, 
Oak  street  to  Masonic  avenue.  Masonic  avenue  to  McAllister  street,  Mc- 
Allister street  to  Fillmore  street,  the  place  of  beginning,  shall  constitute 
the  twenty-sixth  assembly  district. 

Twenty-seventh. 

27.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  point  of  intersection  of  Fulton  street  and 
Masonic  avenue;  thence  along  the  center  line  of  the  following  named 
streets,  to  wit:  Masonic  avenue  to  Oak  street,  Oak  street  to  Central 
avenue,  Central  avenue  to  Buena  Vista  avenue,  Buena  Vista  avenue  to 
Java  street,  Java  street  to  Masonic  avenue,  Masonic  avenue  to  Pied- 
mont street,  Piedmont  street  to  Ashbury  street,  Ashbury  street  to  Cla}'- 
ton  street,  Clayton  street  to  CLarendon  avenue,  Clarendon  avenue  to 
Burnett  avenue,  Burnett  avenue  to  Corbett  avenue,  Corbett  aveuue  to 
Sloat  boulevard,  Sloat  boulevard  to  the  waters  of  the  Pacific  ocean; 
thence   along   the   shore   line   of    said    ocean   northerly   to   Fulton   street, 


§  90  POLITICAL    CODE.  276 

Fulton    street    to    Masonic    avenue,   the    place    of   beginning,    shall    con- 
stitute  the   twenty-seventh    assembly   district. 

Twenty-eighth. 

28.  All  that  portion  of  the  city  ami  county  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  point  of  intersection  of  Fulton  street  and 
Parker  avenue,  thence  along  the  center  line  of  the  following  named 
streets,  to  wit:  Parker  avenue  to  California  street,  California  street 
to  Maple  avenue,  Maple  avenue  to  the  southerly  line  of  the  Presidio 
Reservation;  thence  westerly  along  the  southerly  boundary  of  the  Pre- 
sidio Reservation  to  Lobos  creek;  thence  along  the  center  line  of  Lobos 
creek  to  the  waters  of  the  Pacific  ocean;  thence  westerly  and  southerly 
along  the  said  shore  line  to  Fulton  street,  Fulton  street  to  Parker 
avenue,  the  point  of  beginning,  together  with  the  islands  known  as  the 
Farallone  islands,  shall  constitute  the  twenty-eighth  assembly  district. 

Twenty-ninth. 

29.  .Ml  that  portion  of  the  city  and  county  of  San  Francisco  boumled 
as  follows:  Commrncing  at  the  point  of  intersection  of  Mc.\llister  street 
and  Van  Ness  avenue,  thence  along  the  -enter  lines  of  the  following 
named  streets,  to  wit:  Van  Ness  avenue  to  Market  street.  Market  street 
to  Eleventh  street.  Eleventh  street  to  Bryant  avenue,  Bryant  avenue  to 
Eighteenth  street,  Eighteenth  street  to  Harrison  street,  Harrison  street 
to  Eighteenth  street.  Eighteenth  street  to  Church  street.  Church  street 
to  Duboce  avenue,  Dulioce  avenue  to  Fillmore  street,  Fillmore  street  to 
Mc.\llister  street,  McAllister  street  to  Van  Ness  avenue,  the  place  of 
beginning,  shall  constitute  the  twenty  ninth   assembly  district. 

Thirtieth. 

^!().  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  point  of  intersection  of  Pine  street  and 
Van  Ness  avenue,  thence  along  the  center  line  of  the  following  named 
streets,  to  wit:  Van  Ness  avenue  to  McAllister  street,  McAllister  to 
Masonic  avenue.  Masonic  avenue  to  Fulton  street,  Fulton  street  to 
Parker  avenue,  Parker  avenue  to  California  street,  California  street 
to  Presidio  avenue,  Presidio  avenue  to  Pine  street.  Pine  street  to  Van 
Ness  avenue,  the  point  of  beginning,  shall  constitute  the  thirtieth  as- 
sembly district. 

Thirty-first. 

31.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  point  of  intersection  of  Pine  street  and 
Van  Ness  avenue,  thence  along  the  center  line  of  the  following  named 
streets,  to  wit:  Van  Ness  avenue  to  the  bay  of  San  Francisco,  thence 
along  the  shore  line  of  said  bay  to  the  waters  of  the  Pacific  ocean; 
thence  along  the  shore  line  of  said  ocean  to  Lobos  creek,  thence  along 
the  line  of  said  Lobos  creek  to  the  southerly  boundary  line  of  Pre- 
sidio   Reservation;    thence    along    said    boundary    line    to    Maple    fltreet, 


277  POLITICAL    CODE.  §  90 

Maple  street  to  California  street,  California  street  to  Presidio  avenue, 
Presidio  avenue  to  Pine  street,  Pine  street  to  Van  Ness  avenue,  the 
point  of  beginning,  shall  constitute  the  thirty-first  assembly  district. 

Thirty-second. 

;S2.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  point  of  intersection  of  Van  Ness  avenue 
and  Market  street,  continuing  along  the  center  line  of  the  following 
named  streets,  to  wit:  Van  Ness  avenue  to  the  waters  of  the  bay  of 
San  Francisco;  thence  easterly  along  the  shore  line  of  said  bay  to  Jones 
street,  Jones  street  to  Green  street,  Green  street  to  Mason  street,  Mason 
street  to  Ellis  street,  Ellis  street  to  Jones  street,  Jones  street  to  Market 
street,  Market  street  to  Van  Ness  avenue,  the  point  of  beginning,  shall 
constitute  the  thirty-second  assembly  district. 

Thirty-third. 

33.  All  that  portion  of  the  city  and  county  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  point  of  intersection  of  Market  and  Jones 
street,  continuing  thence  along  the  center  line  of  the  following  named 
streets,  to  wit:  Jones  to  Ellis,  Ellis  to  Mason,  Mason  to  Green,  Green  to 
Jones,  .Tones  to  the  waters  of  the  bay  of  San  Francisco;  thence  easterly 
along  the  shore  line  of  said  bay  to  Market  street,  Market  street  to 
Jones  street,  the  point  of  beginning  and  the  islands  of  the  bay  of 
San  Francisco  within  the  city  and  county  of  San  Francisco,  shall  con- 
stitute the  thirty-third  assembly  district. 

Thirty-fourth. 

34.  All  of  that  portion  of  the  county  of  Alameda  lying  easterly  of 
a  line  described  as  follows:  Beginning  at  a  point  where  the  boundary 
line  between  Eden  and  Alameda  townships  intersects  the  westerly  bound- 
ary line  of  Alameda  county;  thence  easterly  and  northerly  along  the 
boundary  line  of  Alameda  township  to  the  line  dividing  Brooklyn  and 
Ellen  townships;  thence  easterly  along  the  boundary  line  between  Eden 
and  Brooklyn  townships  to  the  southwesterly  boundary  line  of  the 
town  of  San  Leandro;  thence  northerly  and  easterly  along  said  boundary 
line  to  the  center  of  East  Fourteenth  street;  thence  northwesterly  fol- 
lowing along  the  center  line  of  East  Fourteenth  street  to  the  center 
line  of  Moss  avenue,  in  the  city  of  Oakland;  thence  northeasterly  along 
the  center  line  of  Moss  avenue  and  a  direct  extension  of  said  center 
line  to  the  northeasterly  boundary  line  of  the  city  of  Oakland;  thence 
following  the  said  northeasterly  boundary  line  of  the  city  of  Oakland 
in  a  northwesterly  direction  to  its  intersection  with  the  northeasterly 
boundary  line  of  the  county  of  Alameda,  shall  constitute  the  thirty-fourth 
assembly  district. 

Thirty-fifth, 

35.  All  that  portion  of  the  county  of  Alameda  described  as  follows, 
to   wit:    Beginning   at   a   point   where    the   boundary   line   between   Eden 


§90 


POLITICAL    CODE.  278 


and  Alameda  toA\-nships  intersects  the  westerly  boundary  line  of  the 
county  of  Alameda;  thence  in  an  easterly  and  northerly  direction  along 
the  boundary  line  of  Alameda  township  to  the  line  dividing  Brooklyn 
and  Eden  townships;  thence  in  an  easterly  direction  along  the  boundary 
line  between  Eden  and  Brooklyn  townships  to  the  southwesterly  boundary 
line  of  the  town  of  San  Leandro;  thence  northerly  and  easterly  follow- 
ing the  said  town  line  to  the  center  line  of  East  Fourteenth  street; 
thence  northwesterly  following  the  center  line  of  East  Fourteenth  street 
and  an  extension  of  the  same  to  its  intersection  with  the  line  dividing 
Brooklyn  and  Oakland  townships,  said  point  being  in  Lake  Merritt; 
thence  southwesterlj-  along  said  township  line  to  its  intersection  with 
the  northerly  boundary  line  of  Alameda  township;  thence  westerly  fol- 
lowing along  the  said  northerly  boundary  line  of  Alameda  township  to 
its  intersection  with  the  westerly  boundary  line  of  Alameda  county; 
thence  southeasterly  along  said  county  boundary  line  to  the  point  of 
beginning,  shall  constitute  the  thirty-fifth  assembly  district. 

Thirty  sixth. 

36.  All  of  that  portion  of  the  county  of  Alameda  described  as  fol- 
lows, to  wit:  Beginning  at  a  point  where  the  center  line  of  Thirteenth 
avenue  is  intersected  by  the  center  line  of  East  Fourteenth  street,  in 
the  city  of  Oakland;  thence  northwesterly  along  the  center  line  of  East 
Fourteenth  street  and  an  extension  of  said  center  line  to  a  point  where 
the  same  intersects  the  westerly  boundary  line  of  Brooklyn  township,  in 
Lake  Merritt;  thence  northeasterly  following  along  the  boundary  line 
between  Brooklyn  and  Oakland  townshif>s  to  the  southerly  boundary  line 
of  the  city  of  Piedmont;  thence  easterly,  northerly  and  westerly  fol- 
lowing the  said  boundary  line  of  the  city  of  Piedmont  to  the  line 
dividing  Oakland  ami  Brooklyn  townships;  thence  northeasterly  along 
said  dividing  line  between  Oakland  and  Brooklyn  townships  to  its  inter- 
section with  the  northeasterly  boundary  line  of  the  city  of  Oakland; 
thence  southeasterly  frdlowing  said  city  boun<Iary  line  to  a  point  where 
the  same  would  be  intersected  by  a  direct  extension  northeasterly  of 
the  center  line  of  Moss  avrnuo;  thence  southwesterly  along  said  exten- 
sion and  along  the  center  line  of  Moss  avenue  to  the  center  line  of  East 
Fourteenth  street;  thence  northwesterly  along  the  center  line  of  P'ast 
Fourteenth  street  to  the  center  line  of  Thirteenth  avenue  and  the  point 
of  beginning,  shall  constitute  the  thirty-sixth  assembly  district. 

Thirty-seventh. 

37.  All  of  that  portion  of  the  county  of  Alameda,  described  as  fol- 
lows, to  wit:  Beginning  at  a  point  where  the  center  line  of  Broadway 
is  intersected  by  the  center  line  of  Thirteenth  street,  in  the  city  of 
Oakland;  thence  southeasterly  along  the  center  line  of  Thirteenth  street 
and  a  direct  extension  of  said  center  line  to  its  intersection  with  the  line 
dividing  Brooklyn  and  Oakland  townships;  thence  northeasterly  fol- 
lowing along  the  line   dividing  Brooklyn   and  Oakland  townships   to   a 


279  POLITICAL   CODE.  §  90 

point  in  the  southerly  boundary  line  of  the  city  of  Piedmont;  thence 
easterly,  northerly  and  westerly,  following  the  southern,  eastern  and 
northern  boundary  line  of  the  city  of  Piedmont  to  its  intersection  with 
the  eastern  boundary  line  of  the  city  of  Oakland,  as  the  same  existed 
prior  to  the  annex  of  1909;  thence  northwesterly  along  the  easterly 
boundary  line  of  the  city  of  Oakland,  as  the  same  existed  prior  to  the 
annex  of  19'09,  to  its  intersection  with  the  center  line  of  Broadway; 
thence  southerly  along  the  center  line  of  Broadway  to  the  center  line 
of  Fifty-first,  or  Vernon  street;  thence  westerly  following  along  the 
center  line  of  Fifty-first  street  to  the  center  line  of  Shattuck  avenue; 
thence  southerly  along  the  center  line  of  Shattuck  avenue  to  the  center 
line  of  Temescal  creek;  thence  westerly  down  the  center  of  Temescal 
creek  to  the  center  of  Grove  street;  thence  southerly  along  the  center 
of  Grove  street  to  the  center  of  San  Pablo  avenue;  thence  southerly 
along  the  center  of  San  Pablo  avenue  to  the  venter  of  Broadway;  thence 
southerly  along  the  center  of  Broadway  to  the  center  of  Thirteenth 
street,  and  j>oint  of  beginning,  shall  constitute  the  thirty-seventh  as- 
sembly  district. 

Thirty-eighth. 

38.  All  of  that  portion  of  the  county  of  Alameda  described  as  follows, 
to  wit:  Beginning  at  a  point  where  the  center  line  of  Adeline  street 
is  intersected  by  the  center  line  of  Twenty-second  street  in  the  city  of 
Oakland;  thence  easterly  along  the  center  line  of  Twenty-second  street 
to  the  center  line  of  Grove  street;  thence  southerly  along  the  center  line 
of  Grove  street  to  the  center  line  of  San  Pablo  avenue;  thence  south- 
erly along  the  center  line  of  San  Pablo  avenue  to  the  center  line  of 
Broadway;  thence  southerly  along  the  center  line  of  Broadway  to  the 
center  line  of  Thirteenth  street;  thence  easterly  along  the  center  line 
of  Thirteenth  street  and  a  direct  extension  of  said  center  line  to  its 
intersection  with  the  line  dividing  Brooklvn  and  Oakland  tbwnships; 
thence  southerly  along  the  line  dividing  Oakland  and  Brooklyn  town- 
ships to  the  line  dividing  Oakland  and  Alameda  townships";  thence 
westerly  along  the  line  dividing  Oakland  and  Alameda  townships  to  a 
point  where  a  direct  extension  of  the  center  line  of  Adeline  street  would 
intersect  the  same;  thence  northerly  along  said  extension  and  along  the 
center  line  of  Adeline  street  to  the  point  of  beginning,  shall  constitute 
the  thirty-eighth  assembly  district. 

Thirty-ninth. 

39.  All  of  that  portion  of  the  county  of  Alameda  described  as  fol- 
lows, to  wit:  Beginning  at  a  point  where  the  center  line  of  Adeline 
street  is  intersected  by  the  center  line  of  Twentj-second  street  in  the 
city  of  Oakland;  thence  easterly  along  the  center  line  of  Twenty-second 
street  to  the  center  line  of  Grove  street;  tbence  northerly  along  the 
center  line  of  Grove  street  to  the  center  of  Temescal  creek;  thence  west- 
erly   down   the    center    of    Temescal   creek  to   the   town    of   Emeryville; 


§  90  POLITICAL   CODE.  280 

thence  westerly  and  northerly  following  the  boundary  line  of  the  town 
of  Emeryville  to  the  southerly  boundary  line  of  the  city  of  Berkeley; 
thence  westerly  along  the  southerly  boundary  line  of  the  city  of  Berkeley 
and  a  direct  extension  of  same  to  its  intersection  with  the  westerly 
boundary  line  of  Alameda  county;  thence  southerly  along  the  westerly 
boundary  line  of  Alameda  county  to  its  intersection  with  the  line 
dividing  Oakland  and  Alameda  townships;  thence  easterly  along  the  line 
dividing  Oakland  and  Alameda  townships  to  a  point  where  a  direct  ex.- 
tension  of  the  center  line  of  Adeline  street  would  intersect  the  same; 
thence  northerly  along  said  extension  and  along  the  center  line  of  Adeline 
street  to  the  center  line  of  Twenty-second  street  and  the  point  of  be- 
ginning, shall  constitute  the  thirty-ninth  assembly  district. 

Fortieth. 

40.  All  of  that  portion  of  the  county  of  Alameda  described  as  fol- 
lows, to  wit:  Beginning  at  a  point  where  the  easterly  boundary  line 
of  the  town  of  E^uioryville  is  intersected  by  the  southerly  boundary  line 
of  the  city  of  Berkeley;  thence  southerly  and  easterly  along  the  boundary 
line  of  the  town  of  Emeryville  to  a  corner  thereof,  the  same  being  in 
the  center  of  Temescal  creek;  thence  up  the  center  of  Temescal  creek 
to  the  center  line  of  Shattuck  avenue;  thence  northerly  along  the  center 
line  of  Shattuck  avenue  to  the  center  line  of  Kussell  street;  thence 
westerly  along  the  center  line  of  Russell  street  to  the  center  line  of 
Milvia  street;  thence  northerly  along  the  center  line  of  Milvia  street 
to  the  center  line  of  Codorniccs  creek;  thence  westerly  down  the  center 
line  of  Codornices  creek  to  the  easterly  boundary  line  of  the  town  of 
Albany;  thence  northerly  along  the  easterly  boundary  line  of  the  town 
of  Albany  to  the  northern  boundary  of  the  county  of  Alameda;  thence 
westerly  and  southerly  along  the  northern  and  western  boundary  line 
of  the  county  of  Alainedi  to  a  point  where  said  boundary  line  would 
be  intersected  by  a  direct  extenssion  westerly  of  the  southerly  boundary 
line  of  the  city  of  Berkeley;  thence  easterly  along  said  extension  and 
along  the  southerly  boundary  line  of  the  city  of  Berkeley  to  the  point 
of   beginning,   shall    constitute    the    fortieth    assembly   district. 

Forty- first. 

41.  All  of  that  portion  of  the  county  of  Alameda  described  as  fol- 
lows, to  wit:  Beginning  at  a  point  where  the  center  line  of  Shattuck 
avenue  is  intersoited  by  the  center  line  of  Fifty-first  street  or  Vernnn 
street,  in  the  city  of  Oakland;  thence  oasterh-  along  the  center  line 
of  Fifty-first  or  Vernon  street  to  the  center  line  of  Broadway;  thence 
northeasterly  along  the  center  line  of  Broadway  to  its  intersection  with 
the  northeasterly  boundary  line  of  the  city  of  Oakland,  as  the  same 
existed  jirior  to  the  annex  of  1909;  thence  southeasterly  along  said 
boundary  line  of  the  city  of  Oakland  as  the  same  existed  prior  to  the 
annex  of  1909  to  its  intersection  with  the  northerly  bound:iry  line  of 
the  city  of  Piedmont;  thence  easterly  following  the  northerly  boundary 
line  of  the  city  of  Piedmont  to  its  intersection  with  the  boundary  line 


281  POLITICAL    CODE.  §  90 

dividing  Brooklyn  and  Oakland  townships;  thence  northeasterly  along 
the  line  dividing  Brooklyn  and  Oakland  townships  to  its  intersection 
with  the  northeastQrly  boundary  line  of  Alameda  county;  thence  north- 
westerly and  westerly  following  along  the  county  boiin»<ary  line  to 
its  intersection  with  the  easterly  boiuHlary  line  of  the  town  of  Albany; 
thence  southerly  along  the  easterly  boundary  line  of  the  town  of  Albany 
to  its  intersection  with  the  center  of  Codornices  creek;  thence  easterly 
up  the  center  of  the  Codornices  creek  to  its  intersection  with  the  center 
line  of  Milvia  street;  thence  southerly  along  the  center  line  of  Milvia 
street  to  the  center  line  of  Russell  street;  thence  easterly  along  the 
center  line  of  Russell  street  to  the  center  line  of  Shattuck  avenue;  thence 
southerly  along  the  center  line  of  Shattuck  avenue  to  the  center  line 
of  Fifty-first  or  Vernon  street  and  the  point  of  beginning,  shall  con- 
stitute the  forty-first  assembly  district. 

Forty-second. 

4'2.  The  county  of  San  Mateo  shall  constitute  the  forty-second  assembly 
district. 

Forty-third. 

43.  The  county  of  Santa  Cruz  shall  constitute  the  forty-third  assembly 
district. 

Forty-fourth. 

44.  All  that  portion  of  the  county  of  Santa  Clara  not  included  in  the 
forty-fifth  assembly  district  shall  constitute  the  forty-fourth  assembly 
district. 

Forty-fifth. 

45.  All  that  portion  of  the  county  of  Santa  Clara  embraced  within  the 
following  precincts,  as  constituted  at  the  general  election  in  1910,  to  wit: 
Agnew,  that  part  of  Alameda  precinct  lying  north  of  the  center  line  of 
Park  avenue,  Alviso,  Berryessa,  Burbank,  that  part  of  Crandalville  pre- 
cinct number  1  lying  outside  of  the  city  limits  of  the  city  of  San  Jose, 
as  established  in  1911,  Cupertino,  East  San  Jose  number  2,  Fremont, 
Jefferson,  Mayfield,  Milpitas  (numbers  1  and  2),  Mountain  View  (num- 
bers 1  and  2),  Mount  Hamilton,  Orchard,  Palo  Alto  (numbers  1  to  5, 
inclusive),  Purissima,  San  Jose  (numbers  1  to  12,  inclusive),  Santa  Clara 
(numbers  1  to  4,  inclusive),  Saratoga,  Stanford,  Stockton,  Sunnyvale 
(numbers  1  and  2),  and  University  (numbers  1  and  2),  shall  constitute 
the  forty-fifth   assembly   district. 

Forty-sixth. 

46.  The  county  of  Stanislaus  shall  constitute  the  forty-sixth  assembly 
district. 

Forty-seventh. 

47.  The  counties  of  Mariposa,  Tuolumne,  Mono  and  Inyo  shall  con- 
stitute the  forty-seventh  assembly  district. 


§  90  POLITICAL   CODE.  ^  284 

3,  4,  5,  and  6,  Sawtelle  City  numbers  1,  2  and  3,  and  Sherman,  shall  con- 
stitute the  sixty-second  assembly  district. 

Sixty-third. 

63.  All  that  portion  of  the  county  of  Los  Angeles  bounded  as  follows: 
Commencing  at  the  intersection  of  the  center  lines  of  Washington  and 
Hoover  streets,  in  the  city  of  Los  Angeles;  thence  along  the  center  line 
of  the  following  named  streets,  to  wit:  Hoover  street  to  Pico  street,  Pico 
street  to  Hoo-.er  street,  Hoover  street  to  Carondelet  street,  Carondelet 
street  to  Ninth  street,  Ninth  street  to  Hoover  street,  Hoover  street  to 
Benton  boulevard,  Benton  boulevard  to  Sixth  street.  Sixth  street  to 
Hoover  street,  Hoover  street  to  Occidental  boulevard.  Occidental  boule- 
vard to  First  street,  First  street  to  Occidental  boulevard.  Occidental 
boulevard  to  Sunset  boulevard.  Sunset  boulevard  to  Alvarado  street, 
Alvarado  street  to  the  north  patent  boundary  of  said  city;  thence  along 
the  same  east  to  the  easterly  line  of  that  portion  of  Tropico  precinct 
number  2  annexed  to  said  city  prior  to  November  1,  1911;  thence  north- 
westerly, westerly  and  southerly,  following  the  exterior  lines  of  those  por- 
tions of  Tropico  precincts  numbers  1  and  2,  and  of  Ivanhoe  precinct,  so 
annexed  to  said  city,  to  the  north  line  of  the  former  city  of  Hollywood, 
the  same  being  a  point  in  the  present  north  boundary  line  of  the  city  of 
Los  Angeles;  thence  following  the  boundary  line  of  said  city  of  Los 
Angeles  westerly,  southerly,  westerly,  southerly,  westerly,  southerly,  east- 
erly, southerly,  easterly  and  southerly  to  the  center  line  of  Washington 
street;  thence  east  along  said  center  line  to  the  point  of  beginning,  shall 
constitute  the  sixty-third  assembly  district. 

Sixty-fourth. 

64.  All  that  portion  of  the  county  of  Los  .\ngeles  bounded  as  follows: 
Commencing  at  the  intersection  of  Hill  and  Seventh  streets,  in  the  city 
of  Los  Angeles;  thence  along  the  center  line  of  the  following  named 
streets,  to  wit:  Hill  street  to  Temple  street.  Temple  street  to  Hill  street. 
Hill  street  to  Sunset  boulevard.  Sunset  boulevard  to  Hill  street.  Hill 
street  to  Alpine  street,  Alpine  street  to  Cleveland  street,  Cleveland  street 
to  College  street.  College  street  to  Adobe  street.  Adobe  street  to  Look 
Out  Drive,  Look  Out  Drive  to  Park  Terrace,  Park  Terrace  to  Sunset 
boulevard.  Sunset  boulevard  to  Occidental  boulevard.  Occidental  boule- 
vard to  First  street.  First  street  to  Occidental  boulevard.  Occidental 
boulevard  to  Hoover  street,  Hoover  street  to  Sixth  street,  Sixth  stre<?t  to 
Benton  boulevard,  Benton  boulevard  to  Hoover  street.  Hoover  street  to 
Seventh  street.  Seventh  street  to  Hill  street,  the  point  of  beginning,  shall 
constitute  the  sixty-fourth  assembly  district. 

Sixty-fiftlL 

65.  All  that  portion  of  the  county  of  Los  .\ngeles  bounded  as  follows: 
'Commencing  at  the  intersection   of  the  center  lines  of  North   Broadway 

and  Daly  street,  in  the  city  of  Los  Angeles;,  thence  along  the  center  lines 
of  the  following  named  streets,  to  wit:   North   Broadway   (crossing  the 


285  POLITICAL    CODE.  §  90 

official  bed  of  the  Los  Anpeles  river)  to  Bernardo  street,  Bernardo  street 
to  Adobe  street,  Adobe  street  to  College  street,  College  street  to  Cleve- 
land street,  Cleveland  street  to  Alpine  street,  Alpine  street  to  Hill  street, 
Hill  street  to  Sunset  boulevard.  Sunset  boulevard  to  Hill  street,  Hill 
street  to  Temple  street,  Temple  street  to  Hill  street.  Hill  street  td  Fifth 
street,  Fifth  street  to  Cantral  avenue.  Central  avenue  to  Sixth  street, 
Sixth  street  and  its  easterly  extensions  to  the  intersection  with  the 
center  line  of  Gless  street,  Gless  street  to  Fifth  street,  Fifth  street  to 
Pecan  street.  Pecan  street  to  First  street.  First  street  to  Pleasant  avenue, 
Pleasant  avenue  to  Brooklyn  avenue,  Brooklyn  avenue  to  Macy  street, 
Macy  street  to  Gallardo  street,  Gallardo  street  to  Mission  road,  Mission 
road  to  Daly  street,  r>aly  street  to  North  Broadway,  the  point  of  begin- 
ning, shall  constitute  the  sixty-fifth  assembly  district. 

Sixty-sixth. 

66.  All  that  portion  of  the  county  of  Los  Angeles  bounded  as  follows: 
Commencing  at  the  northeastern  corner  of  the  city  of  Los  Angeles,  as  the 
same  is  described  in  the  United  States  patent;  thence  westerly  along  the 
northern  patent  boundary  line  of  said  city  to  the  center  line  of  GrifBn 
avenue,  or  the  northerly  prolongation  thereof;  thence  along  the  north- 
erly jirolongation  of  said  center  line  and  along  the  center  line  of  the 
following  named  streets,  to  wit:  Griffin  avenue  to  Avenue  Thirty-five, 
Avenue  Thirty-five  to  Pasadena  avenue,  Pasadena  avenue  to  Daly  street, 
Daly  street  to  Mission  Road,  Mission  Road  to  Gallardo  street,  Gallardo 
street  to  Macy  street,  Macy  street  to  Brooklyn  avenue,  Brooklyn  avenue 
to  Pleasant  avenue,  Pleasant  avenue  to  First  street.  First  street  to 
Pecan  street,  Pecan  street  to  Fifth  street.  Fifth  street  to  Gless  street, 
Gless  street  to  Sixth  street.  Sixth  street  and  its  extension  westerly,  along 
the  line  of  assembly  district  number  65,  as  constituted  and  designated 
by  this  section,  to  the  center  line  of  the  official  bed  of  the  Los  Angeles 
river;  thence  southerly  along  said  center  line  and  its  southerly  prolonga- 
tion to  the  south  boundary  of  said  city;  thence  east  along  said  boundary 
line  to  the  southeastern  corner  of  said  city;  thence  north  along  the  east 
line  of  said  city  to  the  point  of  beginning,  shall  constitute  the  sixty-sixth 
assembly  district. 

Sixty-seventlL 

67.  All  that  portion  of  the  county  of  Los  Angeles  included  within  and 
comprising  the  •  following  election  precincts  of  1910,  to  wit:  Pasadena 
City  numbers  1,  2,  3,  4,  5,  6,  7,  8,  9,  10,  11,  12,  13,  14,  15,  16,  17,  18, 
19,  20,  21,  22  and  23,  and  Altadena,  shall  constitute  the  sixty-seventh 
assembly  district. 

• 
Sixty-eighth. 

68.  All  that  portion  of  the  county  of  Los  Angeles  included  within  and 
comprising  the  following  election  precincts,  and  parts  of  election  precincts 
of  1910,  to  wit:  Claremont  City,  La  Verne,  Lordsburg  City,  San  Dimas, 
Pomona  City  numbers   1,  2,  3,  4,  5   and  6,   Spadra,  Azusa,   Azusa   City, 


§  90  POLITICAL    CODE.  286 

Glendora,  Covina,  Covina  City,  Eowland,  Rivera,  Los  Nietos,  Whittier 
City  numbers  1,  2,  3,  and  4,  and  all  of  El  Monte  precinct  except  that 
portion  thereof  lying  north  of  the  westerly  prolongation  of  the  south 
line  of  Santa  Anita  precinct  and  except  that  portion  thereof  lying  west 
of  the  line  dividing  ranges  11  and  12  west,  in  township  1  south,  San 
Bernardino  base  and  meridian,  shall  constitute  .the  sixty-eighth  assembly 
district. 

Sixty-ninth. 

GO.  All  that  portion  of  the  county  of  Los  Angeles  included  within  and 
comiirising  the  following  election  precincts,  and  parts  of  election  precincts 
of  1910,  to  wit:  Monrovia  City  numbers  1,  2  and  3,  Duarte,  Arcadia 
City  numbers  1  and  2,  Sierra  Madre  City,  Lamanda  numbers  1  and  2, 
Santa  Anita,  San  Gabriel,  Alhambra  City  numbers  1,  2  and  3,  South 
Pasadena  City  numbers  1,  2  and  3,  Baird,  Belviclere  numbers  1  and  2, 
Montc'bello,  Laguna,  P>uitlan<l,  Vernon  City,  Huntington  Park  City  num- 
bers 1  and  2,  that  p>art  of  the  precincts  of  Miramonte  and  Florence 
lying  east  of  the  center  line  of  the  right  of  way  of  the  Long  Beach  line 
of  the  Pai'ific  Klectric  Railway  ("omnany,  and  that  part  of  the  precinct 
of  Ei  ^lonto  lying  north  of  the  westerly  prolongation  nf  the  southerly 
line  of  Santa  Anita  precinct  and  also  that  part  of  said  precinct  of  El 
Monte  lying  west  of  the  line  dividing  ranges  11  and  12  west,  in  town- 
ship 1  south.  San  Bernardino  base  and  meridian,  shall  constitute  the  sixty- 
ninth  assembly  district. 

Seventieth. 

70.  All  that  portion  of  the  county  of  Los  Angeles  included  within  and 
comprising  tlio  following  election  precincts,  and  parts  of  election  precincts 
of  1910,  to  wit:  Long  Beach  (itv  numbers  1.  2.  3,  4.  5,  6,  7.  8.  9.  10.  11, 
12,  13,  14,  1.5,  Ifi,  17,  18  and  19.  Naples.  Al.imitos,  Cerritos.  Artesia.  Xor- 
walk.  La  Mirada,  East  Whittier,  Downey  numbers  1  and  2,  Clearwater. 
Wiilowhrook,  Dominguoz.  Watts  City,  Conifiton  City,  and  that  part  of 
Wilmington  precinct  which  was  anncxeil  to  the  city  of  Long  Beach  prior 
to  November  1,  1911,  shall  constitute  the  sevenfieth  assembly  district. 

Seventy-first. 

71.  All  that  portion  of  the  county  of  Los  Angeles  included  wifhin  and 
comprising  the  following  election  precincts,  and  parts  of  election  precincts 
of  1910,  to  wit:  (  atalinn,  Lomita,  Green  Meadows,  Gardena  numbers  1 
and  2.  all  of  Wilmington  precinct,  except  the  i>art  which  was  prior  to 
November  1,  1911.  annexed  to  the  city  of  Long  Beach,  that  p:irt  of  the 
precincts  of  Miramonte  and  Florence  lying  west  of  the  center  line  of 
the  rigHt  of  way  of  the  Long  Beach  line  of  the  Pacific  Electric  Railway 
Companv,  and  Los  Angeles  Citv  precincts  numbers  192.  193,  194.  197.  19^. 
199.  200,  204,  205,  20C.  207.  208,  211,  213.  21S.  219.  223,  224.  22.o.  226, 
227,  228,  229  and  230,  shall  constitute  the  seventy-first  assembly  district. 


287  POLITICAL    CODE.  §  90 

Seventy-second, 

72.  All  that  portion  of  the  county  of  Los  Angeles  included  within  and 
comprising  the  following  election  precincts,  and  parts  of  election  pre- 
cincts of  1910,  to  wit:  Los  Angeles, City  numbers  168,  169,  170,  171,  172, 
173,  174,  175,  176,  178,  179,  180,  181,  182,  183,  184,  185,  186,  187,  188,  189, 
190,  191,  that  part  of  Los  Angeles  City  precinct  number  157  lying  south 
of  the  center  line  of  Jefferson  street,  and  all  of  Los  Angeles  City  precinct 
number  177,  except  that  portion  thereof  bounded  by  the  west  patent 
boundary  line  of  the  city  of  Los  Angeles,  the  center  lino  of  Hoover  street 
(formerly  Kingsley  street)  and  the  center  line  of  West  Jefferson  street, 
shall   constitute  the  seventy-second  assembly  district. 

Seventy-third. 

73.  All  that  portion  of  the  county  of  Los  Angeles  bounded  as  follows: 
Commencing  at  the  intersection  of  Main  and  Washington  street,  in  the 
city  of  Los  Angeles;  thence  along  the  center  line  of  the  following  named 
streets,  to  wit:  Main  street  to  Jefferson  street,  Jefferson  street  to 
Figueroa  street,  Figueroa  street  to  Vernon  avenue,  Vernon  avenue  to  Mc- 
Kinley  avenue,  or  the  northerly  prolongation  of  McKinley  avenue  from 
the  south,  McKinley  avenue  and  said  prolongation  to  Fifty-first  street. 
Fifty-first  street  to  Central  avenue,  Central  avenue  to  Fifty-first  street. 
Fifty-first  street  to  Hooper  avenue.  Hooper  avenue  to  Fifty-first  street, 
Fifty-first  street  and  the  easterly  prolongation  thereof  to  a  point  in  the 
easterly  boundary  line  of  the  city  of  Los  Angeles,  thence  in  a  northerly 
direction  along  said  boundary  line  to  the  southerly  charter  boundary 
line  of  the  city  of  Los  Angeles  where  the  same  intersects  the  center  line 
of  Alameda  street,  Alameda  street  to  Twentieth  street,  Twentieth  street 
to  Central  avenue.  Central  avenue  to  Washington  street,  Washington 
street  to  Main  street,  the  point  of  beginning,  shall  constitute  the  seventy- 
third  assembly  district. 

Seventy-fourth. 

74.  All  that  portion  of  the  county  of  Los  Angeles  bounded  as  follows: 
Commencing  at  the  intersection  of  Fifth  and  Hill  streets,  in  the  city  of 
Los  Angeles;  thence  along  the  center  line  of  the  following  named  streets, 
to  wit:  Fifth  street  to  Central  avenue.  Central  avenue  to  Sixth  street, 
Sixth  street  and  the  extension  thereof  along  the  line  of  assembly  dis- 
trict number  65,  as  designated  and  constituted  by  this  section  to  the 
center  line  of  the  official  bed  of  the  Los  Angeles  river;  thence  southerly 
along  the  last  mentioned  line  and  the  prolongation  thereof  to  the  south 
boundary  line  of  the  cit}'  of  Los  Angeles;  thence  westerly  along  said 
boundary  line  to  the  center  line  of  Alameda  street,  Alameda  street  to 
Twentieth  street.  Twentieth  street  to  Central  avenue.  Central  avenue  to 
Washington  street,  Washington  street  to  Hill  street.  Hill  street  to  Fifth 
street,  the  point  of  beginning,  shall  constitute  the  seventy-fourth  as- 
sembly district. 


§  90  POLITICAL   CODE.  288 

Seventy-fifth. 

75.  All  that  portion  of  the  county  of  Los  Angeles  bounded  as  follows: 
Commencing  at  the  intersection  of  Seventh  and  Hill  streets,  in  the  city 
of  Los  Angeles;  thence  along  the  center  line  of  the  following  named 
streets,  to  wit:  Seventh  street  to  Hoover  street,  Hoover  street  to  Ninth 
street,  Ninth  street  to  Carondelet  street,  Carondelet  street  to  Hoover 
street,  Hoover  street  to  Pico  street,  Pico  street  to  Hoover  street.  Hoover 
street  to  .Jefferson  street,  .Jefferson  street  to  Main  street,  Main  street 
to  Washington  street,  Washington  street  to  Hill  street.  Hill  street  to 
Seventh  street,  the  point  of  beginning,  shall  constitute  the  seventy-fifth 
asscmljly  district. 

Seventy-sixth. 

76.  The  county  of  Orange  shall  constitute  the  seventy-sixth  assembly 
district. 

Seventy-seventh. 

77.  The  county  of  Riverside  shall  constitute  the  seventy-seventh  as- 
sembly district. 

Seventy-eighth. 

78.  The  county  of  Imjierial  shall  constitute  the  seventy-eighth  assembly 
district. 

Seventy-ninth. 

79.  AH  that  portion  of  the  county  of  San  Diego  included  within  the 
corporate  limits  of  the  city  of  San  Diego  shall  constitute  the  seventy- 
ninth  assembly  district. 

Eightieth. 

Si).  .Ml  that  portion  of  the  county  of  San  Diego  not  included  in  the 
seventy-ninth  assembly  district  shall  constitute  the  eightieth  assembly 
district. 

Undescribed  precincts  attached  to  adjacent  districts. 

§  3.  .\ny  jirecinut,  or  portion  of  any  precinct,  not  specifically  de- 
scribed herein  as  constituting  a  portion  of  cither  a  senatorial  or  assembly 
district,  shall  be  attached  to  and  constitute  a  part  of  the  senatorial  or 
assembly  district  adjacent  thereto  and  situated  within  the  same  county 
or  city  and  county,  having,  as  shown  by  the  last  federal  census  a  less 
population  than  any  other  such  district  adjacent  thereto. 

Repeal  of  former  acts. 

§  4.  An  act  entitled  "An  act  to  divide  the  state  into  legislative  dis- 
tricts as  required  bj'  section  6,  article  4  of  the  constitution,  and  to  pro- 
vide for  the  election  of  assemblymen  and  senators  in  such  districts," 
ajiproved  March  11,  1891,  and  also  an  act  entitled  "An  act  to  divide  the 
state  into  legislative  districts  and  to  provide  for  the  election  of  senators 


289  POLITICAL    CODE.  §  117 

and  assemblymen  theroin,"  approved  March  21,  1901,  and  all  other  acts 
in  conflict  with  this  act  are  hereby  repealed.  [Amendment  appi'oved 
January  2,  1912.     Stats.   Ex.  Sess.  19il,  p.  149.] 

Congressional  districts. 

§  117.  The  state  is  divided  into  eleven  congressional  districts,  which 
shall  be  designated  and  constituted  as  follows: 

First. 

1.  The  counties  of  Del  Norte,  Humboldt,  Mendocino,  Glenn,  Butte, 
Yuba,  Sutter,  Marin,  Colusa,  Lake  and  Sonoma  shall  constitute  the  first 
congressional  district. 

Second. 

2.  The  counties  of  Siskiyou,  Modoc,  Trinity,  Shasta,  Lassen,  Tehama, 
Plumas,  Sierra,  Nevada,  Placer,  El  Dorado,  Amador,  Calaveras,  Alpine, 
Tuolumne  and  Mariposa  shall  constitute  the  second  congressional  district. 

Third. 

3.  The  counties  of  Napa,  Yolo,  Sacramento,  Solano,  Contra  Costa  and 
San  Joaquin  shall  constitute  the  third  congressional  district. 

Fourth. 

4.  All  that  portion  of  the  city  and  county  of  San  Francisco  com- 
prising the  twenty-eighth,  thirty-first,  thirtieth,  thirty-second,  thirty- 
third  and  twenty-first  assembly  districts,  as  such  districts  are  constituted 
by  section  90  of  this  code,  as  amended  at  the.  extraordinary  session  of 
the  legislature  commencing  November  27,  1911,  shall  constitute  the 
fourth  congressional  district. 

Fifth. 

5.  All  that  portion  of  the  city  and  county  of  San  Francisco  not  in- 
cluded in  the  fourth  congressional  district  shall  constitute  the  fifth 
congressional  district. 

Sixth. 

6.  The    county    of    Alameda    shall    constitute    the    sixth    congressional 

district. 

Seventh. 

Jl.  The  counties  of  Stanislaus,  Merced,  Madera,  Fresno,  Kings,  Tulare 
and  Kern  shall  constitute  the  seventh  congressional  district. 

Eighth, 

8.  The   counties  of  San  Mateo,  Santa   Clara,  Santa  Cruz,   San  Benito, 
Monterey,  San  Luis  Obispo,  Santa  Barbara  and  Ventura  shall  constitute 
the  eighth  congressional  district. 
19 


§§253-302 


POLITICAL    CODE. 


290 


Ninth, 

9.  All  that  portion  of  the  county  of  Los  Angeles,  comprising  the  sixty- 
first,  sixty-fifth,  sixt3'-sixth,  sixty-seventh,  sixty-eighth,  sixty-ninth  and 
seventieth  assembly  districts,  as  such  districts  are  constituted  by  section 
90  of  this  code,  as  amended  at  the  extraordinary  session  of  the  legislature 
commencing  November  27,  1911,  shall  constitute  the  ninth  congressional 
district. 

Tenth. 

10.  All  that  portion  of  the  county  of  Los  Angeles  not  included  in  the 
ninth  congressional  district  shall  constitute  the  tenth  congressional 
district. 

Eleventh, 

11.  The  counties  of  San  Bernardino,  Orange,  Riverside,  San  Diego, 
Mono,  Inyo  and  Imperial  shall  constitute  the  eleventh  congressional  dis- 
trict. [Amendment  approved  January  2,  1912;  Stats.  £i.  iSess.  1911, 
p.  164,] 


§  253. 

Citations. 

App. 

15/303. 

§  254, 

Citations. 

App. 

15/303. 

§  261. 

Citations. 

App. 

15/303. 

§  269, 

Citations. 

App. 

15/303. 

§  274, 

Citations. 

Cal. 

150/473, 

§  275. 

Citations. 

Cal. 

156/473. 

§  280, 

Citations. 

Cal. 

156/475. 

Failure  of  witness  to  appear,  contempt. 

§  302.  If  any  witness  neglects  or  refuses  to  obey  such  subpoena,  or 
appearing,  neglects  or  refuses  to  testify,  or  to  produce  upon  reasonable 
notice  any  material  and  proper  books,  jiapers  or  documents  in  his  pos- 
session or  under  his  control,  the  senate,  assembly  or  any  committee 
thereof  may  by  resolution  entered  on  the  journal  of  the  senate  or  assem- 
bly or  minutes  of  the  committee,  as  the  case  may  be,  commit  him  for 
contempt;   provided,  however,  that  if  any  such   contempt  be   committed 


291  POLITICAL  CODE.  §§  303-368 

before  such  committee  during  the  session  of  the  legislature,  such  com- 
mittee shall  report  the  contempt  to  the  senate  or  assembly,  as  the  case 
may  be,  for  such  action  as  may  be  deemed  necessary  by  the  senate  or 
assembly,     [Amendment  approved  May  20,  1913;  Stats.  1913,  p.  231.] 

Warrant  of  arrest. 

§  303.  Any  witness  neglecting  or  refusing  to  attend  in  obedience  to 
sulipoena  may  be  arrested  by  the  sergeant-at-arms  and  brought  before 
the  senate,  assembly  or  committee  thereof,  as  the  case  may  be.  The 
only  warrant  or  authority  necessary  authorizing  such  arrest,  is  a  copy 
of  a  resolution  of  the  senate,  the  assembly  or  committee  signed  by  the 
president  of  the  senate,  speaker  of  the  assembly  or  chairman  of  the 
committee  as  the  case  may  be  and  countersigned  by  the  secretary  of 
the  senate,  the  clerk  of  the  assembly  or  a  majority  of  the  members  of 
any  such  committee,  as  the  case  may  be.  [Amendment  approved  May 
20"  1913;  Stats.  1913,  p.  232.] 


19/57. 

App.  9/577;  11/307. 


§  323. 

Citations. 

Cal. 

157/158. 

App.    1 

§  325. 

Citations. 

Cal. 

164/234, 

741.      A 

§  327. 

Citations. 

Cal. 

159/75; 

160/121 

§  329. 

Citations. 

Cal. 

159/76. 

State  board  of  equalization. 

§  352.  Members  elected,  one  from  each  of  the  equalization  districts 
of  this  state,  by  the  qualified  electors  thereof,  with  the  controller,  con- 
stitute the  state  board  of  equalization.  Their  term  of  office  shall  be 
four  years,  commencing  the  first  Monday  after  the  first  day  of  .January 
following  their  election.  They  shall  choose  one  of  their  members  chair- 
man, who  shall  hold  such  office  during  the  pleasure  of  the  board. 
[Amendment  approved  May  1,  1911;  Stats.  1911,  p.  1458.] 

State  board  of  examiners. 

§  364.     [Repealed  April  3,  1911;   Stats.  1911,  p.  598.] 

Executive  officers  appointed  by  governor. 

§  368.  The  following  executive  officers  shall  be  appointed  by  the  gov- 
ernor, with  the  consent  of  the  senate: 

1.  The  directors  of  the  insane  asylums;  the  trustees  for  the  asylum 
for  the  'leaf,  dumb  and  blind;  the  insurance  commissioner;  the  mem- 
bers of  the  state  board  of  health;   the  fish  and  game  commissioners. 


§§  369^09  POLITICAL   CODE.  292 

2.  The  port  wardens,  when  port  wardens  and  their  appointment  are 
not  otherwise  provided  for  by  law;  the  pilot  commissioners;  and  the 
pilots  for  each  harbor  where  there  is  not  a  board  of  pilot  commissioners, 
and  when  the  appointment  of  pilots  is  not  otherwise  provided  for  by 
law. 

3.  All  other  executive  officers  whose  appointment  is  provided  bv  law 
to  be  made  bv  the  governor.  [Amendment  approved  June  6,  1913j 
Stats.  1913,  p.  412.] 

Citations.     App.  9/784, 

§  369. 

Citations.     App.  4/784. 

Fees  of  secretary  of  state. 

§  409.  The  socrotary  of  state,  for  services  performed  in  his  office, 
must  charge  and  collect  the  following  fees: 

1.  For  a  copy  of  any  law,  resolution,  record,  or  other  document  on 
file  in  his  office,  twenty  cents  per  folio. 

2.  For  comparing  a  copy  of  any  law,  resolution,  record,  or  other  doc- 
ument or  paper  with  the  original,  or  the  certified  copy  of  the  original, 
on  file  in  his  office,  five  cents  per  folio. 

3.  For  affixing  certificate  and  seal  of  state,  unless  otherwise  provided 
for,  two  dollars. 

4.  For  filing  articles  of  incorporation,  if  the  capital  stock  amounts  to 
twenty-five  thousand  dollars  or  less,  fifteen  dollars;  if  the  capital  stock 
amounts  to  over  twenty-five  thousand  dollars,  and  not  over  seventy  five 
thousand  dollars,  twenty-five  dollars;  if  the  capital  stock  amounts  to 
over  seventy-five  thousand  dollars  and  not  over  two  hundred  thousand 
dollars,  fifty  dollars;  if  the  capital  stock  amounts  to  over  two  hundred 
thousand  dollars  and  not  over  five  hundred  thousand  dollars,  seventy-five 
dollars;  if  the  capital  stock  is  over  five  hundred  thousand  dollars  and 
not  over  one  million  dollars,  one  hundred  dollars;  if  the  capital  stock 
is  over  one  million  dollars,  fifty  dollars  additional  for  every  five  hun- 
dred thousand  dollars  or  fraction  thereof  of  capital  stock  over  and  above 
one  million  dollars;  for  filing  articles  of  incorporation  without  cajdtal 
stock,  except  co-operative  associations,  five  dollars;  for  filing  articles  of~ 
incorporation  of  co-operative  associations  formed  under  the  act  of 
1895,  and  acts  supi)lementary  thereto  or  amendatory  thereof,  fifteen 
dollars. 

5.  For  recording  articles   of   incorporation,  twenty  cents  per  folio. 

6.  For  issuing  certificate  of  incorporation,  three  dollars. 

7.  For  filing  certificate  of  increase  of  capital  stock,  five  dollars  fo> 
every  fifty  thousand  dollars  or  fraction  thereof  of  such  increase. 

8.  For  filing  certifiinte  of  decrease  of  capital  stock,  five  dollars. 

9.  For  filing  notice  of  removal  of  principal  place  of  business,  five 
dollars. 


293  POLITICAL    CODE.  §  412 

10.  For  filing  amondod  articles  of  incorporation,  unless  otherwise  pro- 
vided for,  five  dollars. 

11.  For  filing  certificate  of  creation  of  bonded  indebtedness,  or  increase 
or  decrease  thereof,  five  dollars. 

12.  For  issuing  certificate  of  increase  or  decrease  of  capital  stock, 
three  dollars. 

13.  For  filing  certificate  of  continuance  of  existence,  five  dollars. 

14.  For  issuing  certificate   of  continuance   of   existence,   three   dollars. 

15.  For  filing  claim  to  trademark,  and  issuing  certificate  of  filing,  five 
dollars. 

16.  For  issuing  certificate  of  filing  of  any  document,  not  otherwise 
provided  for,  tliree  dollars. 

17.  For  filing  certificate  of  increase  or  decrease  of  number  of  directors, 
five  dollars. 

18.  For  issuing  certificate  of  increase  or  decrease  of  number  of  direc- 
tors,  three   dollars. 

19.  For  receiving  and  recording  each  official  bond,  five  dollars. 

20.  For  filing  notice  of  appointment  of  agent,  five  dollars. 

21.  For  each  commission,  passport,  or  other  document  signed  by  the 
governor  and  attested  by  the  secretary  of  state  (pardons,  military  com- 
missions, commissions  issued  to  nonsalaried  state  officers,  and  extradi- 
tion papers  excepted),  five  dollars. 

22.  For  each  patent  for  land  issued  by  the  governor,  if  for  one  hun- 
dred and  sixty  acres  or  less,  one  dollar;  and  for  each  additional  one 
hundred  and  sixty  acres,  or  fraction  thereof,  one  dollar. 

23.  For  issuing  certificate  of  official  character,  two  dollars. 

24.  For  recording  miscellaneous  documents  or  papers,  twenty  cents  per 
folio. 

25.  For  filing  certified  copy  of  order  and  decree  of  court,  changing 
name,  or  certified  copy  of  order  and  decree  of  court,  dissolving  a  cor- 
poration, five  dollars. 

No  member  of  the  legislature  or  state  officer  shall  be  charged  for  any 
search  relative  to  matters  appertaining  to  the  duties  of  his  office,  nor 
shall  he  be  charged  any  fee  for  a  certified  copy  of  any  law  or  resolu- 
tion passed  by  the  legislature  relative  to  bis  official  duties. 

All  fees  collected  by  the  seeretarj-  of  state  must,  at  least  once  eaeb 
week,  be  paid  into  the  state  treasury.  [Amendment  approved  April  25, 
1913;  Stats.  1913,  p.  90.] 

Also  amended  April  1,  1911    (Stats.   1911,  p.  573). 

Appointees  of  secretary  of  state. 

§  412.  The  secretary  of  state,  to  assist  him  in  the  discharge  of  the 
duties  of  his  office,  may  appoint  the  following  officers:  One  deputy  sec- 
retary of  state,  a  bookkeeper,  one  keeper  of  the  archives,  six  record- 
ing clerks,  one  register  clerk,  two  certificate  clerks,  one  statistician,  one 
superintendent  and  cashier  of  the  corporation  license  tax  department, 
sis  clerks  for  the   corporation  license  tax  department,  oae  superintend- 


§§413,414  POLITICAL  CODE.  294 

ent  and  cashier  of  the  motor  yehicle  department,  one  clerk  for  the  motor 
vehicle  department  (each  and  all  of  whom  shall  be  civil  executive 
officers),  one  porter  for  the  office  of  the  secretary  of  state,  one  porter 
for  the  corporation  license  tax  department,  one  messenger  for  the  office 
of  the  secretary  of  state,  one  messenger  for  the  corjioration  license  tax 
department,  and  two  special  clerks  in  each  legislative  year,  to  serve 
from  January  first  to  May  first.  [Amendment  approved  April  1,  lyllj 
Stats.  1911,  p.  575.] 

Salaries  of  appointees. 

§  413.  The  annual  salary  of  the  deputy  secretary  of  state  is  three 
thousand  dollars;  of  the  bookkeeper,  twenty-four  hundred  dollars;  of 
the  keeper  of  the  archives,  two  thousand  dollars;  of  one  of  the  record- 
ing clerks,  eighteen  hundred  dollars;  of  each  of  five  of  the  recording 
clerks,  sixteen  hundred  dollars;  of  the  register  clerk,  eighteen  hundred 
dollars;  of  each  of  the  certificate  clerks,  sixteen  hundred  dollars;  of 
the  statistician,  twenty-four  hundred  dollars;  of  the  superintendent  and 
cashier  of  the  corporation  litcnse  tax  department,  twenty-four  hundred 
dollars;  of  each  of  two  clerks  of  the  corjioration  license  tax  department, 
eighteen  hundred  dollars;  of  each  of  four  clerks  in  the  corporation 
license  tax  department,  sixteen  hundred  dollars;  of  the  superintendent 
and  cashier  of  the  motor  vehicle  department,  twenty-four  hundred  dol- 
lars; of  the  clerk  in  the  motor  vehicle  department,  sixteen  hundred 
dollars;  of  the  porter  for  the  office  of  the  secretary  of  state,  seven 
hundred  and  twenty  dollars;  of  the  porter  for  the  corporation  license 
tax  department,  three  hundred  and  sixty  dollars;  of  the  messenger  for 
the  office  of  the  secretary  of  state,  nine  hundred  dollars;  of  the  messen- 
ger for  the  corporation  license  tax  department,  six  hundred  dollars;  of 
each  of  the  special  clerks  serving  from  January  first  to  May  first  in 
each  legislative  year,  one  hundred  and  twenty  five  dollars.  All  such 
salaries  are  payable  in  the  same  manner  and  at  the  same  time  as  other 
state  officers.     [Amendment  approved  April  1,  1911;  Stats.  1911,  p.  575. J 

Corporation  deputy. 

§  41i.  The  secretary  of  state,  to  assist  him  in  the  discharge  of  the 
duties  of  his  office,  may  appoint  one  corporation  secretary  whose  duty 
under  the  direc,^tion  of  the  secretary  of  state,  shall  be  to  examine  all 
corporation  papers  submitted  for  filing,  to  pass  upon  the  sufficiency 
thereof,  and  if  the  same  do  not  comply  with  the  provisions  of  the  laws 
relating  to  and  governing  corporations,  to  reject  the  same  and  return 
the  sauie  for  corrtition.  lie  shall  file  no  papers  relating  to  corporations 
unless  the  same  conform  to  the  laws  relating  thereto.  It  shall  be  his 
duty  to  compel  all  corporations,  foreign  or  domestic,  to  file  with  the 
secretary  of  state  all  papers  required  by  law.  The  salary  of  the  corpora- 
tion secretary  shall  be  two  thousand  eight  hundred  dollars  per  annum, 
and  shall  be  pajablc  in  the  same  manner  and  at  the  same  time  as  other 
state  officers.    -[Amendment  approved  April  1,  1911;  Stats.  1911,  p.  57G.] 


295  POLITICAL  CODE.  §§  415-433 

Salary  of  secretary  of  state. 

§  415.  The  annual  salary  of  the  secretary  of  state,  to  include  all  ser- 
vices rendered  ex  officio  as  member  of  any  board  or  commission  as  now 
required,  or  which  may  be  by  law  hereafter  devolved  upon  him,  is  five 
thousand  dollars.  [Amendment  approved  April  1,  1911;  Stats.  1911,  p. 
676.] 

Corporation  secretary.     Duty.     Salary. 

§  415a.     [Repealed  April  1,  1911;  Stats.  1911,  p.  576.] 

Bond. 

§  416.  The  secretary  of  state  must  execute  an  official  bond  in  the  sum 
of  ten  thousand  dollars.  [Amendment  approved  April  1,  1911;  Stats. 
1911,  p.  576.] 

Citations.      Cal.   163/279,   588;    (subd.  4)    163/290. 

Salary  of  secretary  of  state. 

§  417.     [Repealed  April  1,  1911;  Stats.  1911,  p.  576.] 

Deputy  secretary  of  state.     Salary. 

§  418.     [Repealed  April  1,  1911;  Stats.  1911,  p.  576.] 

Bookkeeper,  salary. 

§  419.     [Repealed  April  1,  1911;  Stats.  1911,  p.  576.] 

Salary  and  duties  of  statistician. 

§  419a.     [Repealed  April  1,  1911;   Stats.  1911,  p.  576.] 

Salaries  of  assistants. 

§  420.     [Repealed  April  1,  1911;  Stats.  1911,  p.  576.] 

Watchmen  for  capitol  and  governor's  mansion. 

§  421.     [Repealed  April  1,  1911;   Stats.  1911,  p.  576.] 

Secretary  of  state  to  appoint  tv?o  clerks. 

§  4221/2.     [Repealed  April  1,   1911;   Stats.   1911,  p.  576.] 

Official  bond. 

§  423.      [Repealed  April  1,  1911;   Stats.  1911,  p.  576.] 

Capitol  police,  salaries. 

§  425.     [Repealed  April   1,   1911;   Stats.  1911,  p.  573.] 

Gardeners,  capitol  grounds  and  salaries. 

S  426.     [Repealed  April   1,  1911;   Stats.   1911,  p.  573.] 

Duties  of  controller, 

§  433.     General  duties  of.     It  is  the  duty  of  the  controller: 
1.  To  superintend  the  fiscal  concerns  of  the  state; 


§  433  POLITICAL   CODE.  296 

2.  To  report  to  the  governor,  before  the  fifteenth  dav  of  December 
next  preceding  each  regular  session  of  the  legislature,  a  statement  of 
the  funds  of  the  state,  its  revenues,  and  of  the  public  expenditures  dur- 
ing the  two  preceding  fiscal  years,  together  with  a  detailed  estimate 
of  the  expenditures  to  be  defrayed  from  the  treasury  for  the  two  en- 
suing fiscal  years,  specifying  therein  each  object  of  expenditure,  and 
distinguishing  between  such  as  are  provided  for  by  permanent  or  tem- 
jiorary  appro()riations  and  such  as  must  be  provided  for  by  a  new  stat- 
ute, and  suggesting  the  means  from  wTiich  such  expenditures  are  to  be 
defrayed; 

3.  To  accompany  his  biennial  report  with  tabular  statements,  show- 
ing: 1.  The  amount  of  each  appropriation  for  the  two  preceding  fiscal 
years,  the  amounts  expended,  and  the  balance,  if  any;  2.  The  amounts 
of  revenue  chargeable  to  each  county  for  such  years,  the  amount  paid. 
and  the   amount  unpaid   or  due  therefrom; 

4.  When  requested,  to  give  information  in  writing  to  either  house  of 
the  legislature  relating  to  the  fiscal  affairs  of  the  state  or  the  duties 
of  his  office; 

5.  To  suggest  plans  for  the  improvement  and  management  of  the 
public  revenues; 

6.  To  keep  and  state  all  accounts  in  which  the  state  is  interested; 

7.  To  keep  an  account  of  all  warrants  drawn  upon  the  treasurer,  and 
a  separate  account  under  the  head  of  each  specific  appropriation,  show- 
ing at  all   times   the  unexpended   balance  of  such   appropriation; 

8.  To  keep  an  account  between  the  state  and  the  treasurer,  and 
therein  charge  the  treasurer  with  the  balance  in  the  treasury  when  he 
came  into  office,  and  with  all  moneys  received  by  him,  and  credit  him 
with   all   warrants   drawn   on   and   paid   by   him; 

9.  To  keep  a  register  of  warrants  showing  the  fund  upon  which  they 
are  drawn,  the  number,  in  who^'e  favor,  for  what  service,  the  appro- 
priation applicable  to  the  payment  thereof,  and  when  the  liability  ac- 
crued. Before  delivering  a  warrant  to  the  payee  named  therein,  he 
shall,  whenever  requested  to  do  so  by  the  state  treasurer,  permit  the 
state  treasurer  to  indorse  u[ion  or  attach  to  such  warrant  an  order 
designating  the  place  where  such  warrant  may  be  paid.  Such  warrants 
may  be  made  payable  at  the  option  of  the  treasurer,  either  at  his 
ollite,  or  at  some  bank  in  which  moneys  of  the  state  are  deposited. 
Whenever  any  party  is  entitled  to  the  payment  of  a  sum  greater  than 
twenty  thousand  dollars,  the  controller  shall,  whenever  requested  to  do 
so  by  the  state  treasurer,  issue  to  such  party  several"  warrants  aggre- 
gating the  amount  due  him  in  the  amounts  designated  by  the  treasurer. 
Upon  delivering  a  warrant  to  the  party  entitled  theretOj^  the  controller 
shall  take  and  preserve  a  receipt  therefor;  but,  when  requested  to  de- 
liver a  warrant  by  mail  by  the  person  entitled  thereto,  he  may  deliver 
such  warrant  to  the  board  of  examiners,  taking  the  receipt,  therefor, 
of  the  secretary  of  the  board  of  examiners  or  of  some  one  authorized 
by  him  to  receipt  for  the  same.     The  board  of  ex.niniiurs  uu-.^t.  without 


297  POLITICAL   CODE.  §  439 

delay,  enter  the  same   on   the  books  of   its   office  and   mail   the  same  to 
the  proper  person; 

10.  To  audit  all  claims  against  the  state  in  cases  where  there  are 
sufficient  provisions  of  law  for  the  paj'ment  thereof; 

11.  To  examine  and  settle  the  accounts  of  all  persons  indebted  to 
the  state,  and  to  certify  the  amount  to  the  treasurer,  and  upon  presen- 
tation and  filing  of  the  treasurer's  receipt  therefor  to  give  such  person 
a  discliaige  and  charge  the  treasurer  therewith; 

12.  In  his  discretion  to  require  anj-  person  presenting  an^  account  for 
settlement  to  be  sworn  before  him,  and  to  answer  orally  or  in  writing, 
as  to  any  facts  relating  to  it; 

13.  To  require  all  persons  who  have  received  any  moneys  belonging 
to  the  state  and  have  not  accounted  therefor  to  settle  their  accounts; 

14.  In  his  discretion  to  inspect  the  books  of  any  person  charged  with 
the  receipt,  safekeeping,  or  disbursement  of  public  moneys; 

15.  In  his  discretion,  to  require  all  persons  who  have  received  moneys 
or  securities,  or  have  had  the  disposition  or  management  of  any  ])roperty 
of  the  state  of  which  an  account  is  kept  in  his  office  to  render  state- 
ments thereof  to  him;  and  all  such  persons  must  render  such  statement 
at  sui'h  times  and  in  such  form  as  he  may  require; 

16.  To  direct  and  superintend  the  collection  of  all  moneys  due  the 
state,  and  institute  suits  in  its  name  for  all  official  delinquencies  in 
relation  to  the  assessment,  collection,  and  payment  of  the  revenue,  and 
against  persons  who  by  any  means  have  become  possessed  of  public 
money  or  property  and  fail  to  pay  over  or  deliver  the  same,  and  against 
all  debtors  of  the  state;  of  which  suits  the  courts  of  Sacramento  county 
have  jurisdiction,  without  regard  to  the  residence   of  the   defendants; 

17.  To  draw  warrants  on  the  treasurer  for  the  payment  of  moneys 
directed  by  law  to  be  paid  out  of  the  treasury;  but  no  warrant  must 
be  drawn  unless  authorized  by  law.  and  upon  an  unexhausted  specific 
appropriation  provided  by  law  to  meet  the  same.  Every  warrant  must 
be  drawn  upon  the  fund  out  of  which  it  is  payable,  and  specify  the 
service  for  which  it  is  drawn,  when  the  liability  accrued,  and  the  spe- 
cific appropriation  applicable  to  the  payment  thereof; 

18.  To  furnish  the  state  treasurer  with  a  list  of  warrants  drawn  upon 
the  treasury; 

19.  To  authenticate  with  his  official  seal  all  drafts  and  warrants  drawn 
by  him,  and  all  copies  of  papers  issued  from  his  office; 

20.  To  perform  the  duties  of  a  member  of  the  state  board  of  equaliza- 
tion, and  such  other  duties  as  are  prescribed  by  law.  [Amendment 
approved  March  13,  1911;   Stats.  1911,  p.  353.] 

Citations.      Cal.    (subd.   17)    156/504. 

Employees  of  controller. 

§  i39.  The  controller  may  appoint  one  deputy  controller,  one  book- 
keeper, one  inheritance  tax  deputy,  one  expert,  one  statistician,  one  war- 
rant registrar,  and  four  clerks,  who  shall  be  civil  executive  officers;  and 


§§  440-445  POLITICAL  CODE.  298 

one   stenographer,     [Amendment   approved   April   17,   1911;   Stats.    1911, 
p.  933.] 

Salaries. 

§  440.  The  annual  salary  of  the  deputy  controller  is  three  thousand 
dollars;  of  the  bookkeeper,  twenty-four  hundred  dollars;  of  the  inher- 
itanre  tax  deputy,  twenty-four  hundred  dollars;  of  the  expert,  two  thou- 
sand dollars;  of  the  statistician,  two  thousand  dollars;  of  the  warrant 
registrar,  two  thousand  dollars;  of  one  clerk,  eighteen  hundred  dollars; 
of  each  of  three  clerks,  sixteen  hundred  dollars;  of  the  stenographer, 
twelve  hundred  dollars.  All  such  salaries  shall  be  paid  in  the  same  man- 
ner and  at  the  same  time  as  the  salaries  of  other  state  ofl&cers.  [Amend- 
ment approved  April  17,  1911;  Stats.  1911,  p.  933.] 

Transfer  to  school  fund  of  thirteen  dollars  for  each  pupil. 

§  443.  On  or  before  tlie  first  Monday  in  January  and  the  first  Mon- 
day in  July  of  the  year  1912  and  on  or  before  the  first  Monday  in 
January  and  the  first  Monday  in  July  of  each  succeeding  year,  the  state 
controller  shall  transfer  from  the  general  fund  of  the  state  to  the  state 
school  fund  such  sums  as  will  be  equivalent  to  thirteen  dollars  for  each 
pupil  in  average  daily  attendance  in  the  elementary  schools  of  the  state 
as  reported  by  the  superintendent  of  public  instruction  for  the  school 
year  ending  Juno  30th  preceding.  [Amendment  approved  May  1,  1911; 
Stats.  1911,  p.  1245.] 

The  act  amending  {  443  of  the  Political  Code  and  adding  §  461  to  that  code 
contained  the   following  provision  : 

§  3.  The  provisions  of  this  act  shall  not  be  constrned  as  repealing  other  ex- 
isting law  which  provides  other  inone.vs  for  the  support  of  the  public  school 
system  and  all  money  derived  by  any  other  existing  law  and  now  expended  for 
the  support  of  the  common  schools,  shall  be  so  expended  in  addition  to  the 
moneys  provided  for  in   section  443   of  this  code. 

Inheritance  tax  department. 

§  445.  The  controller  shall  maintain  under  his  authority  and  direc- 
tion a  department,  to  be  known  as  the  inheritance  tax  department, 
■which  is  hereby  established,  for  the  purpose  of  supervising  and  assisting 
in  the  administration  of  the  inheritance  or  transfer  tax  laws  of  this 
state.  Said  department  shall  gather,  record,  compile,  publish  and 
distribute  such  information  and  data  as  the  controller  may  direct 
relative  to  the  inheritance  or  transfer  tax  laws  of  this  or  other  states 
or  relative  to  the  administration,  enforcement  or  evasion  of  such  laws. 
Said  department  shall  cooperate  with,  advise  and  assist  inheritance 
tax  appraisers,  county  treasurers,  district  attorneys  and  other  officers 
and  persons  in  the  administration  and  enforcement  of  the  inheritance 
or  transfer  tax  laws  of  this  state,  and  shall  prepare,  publish  and 
distribute  such  blank  forms  for  use  of  inheritance  tax  appr.-iisers  or 
other  use  as  the  controller  may  direct.  In  coiiiieetion  with  said  inher- 
itance tax  department,  the  controller  may  appoint,  in  addition  to  other 


299  POLITICAL    CODE.  §  452 

employees  provided  for  by  statute,  an  inheritance  tax  attorney,  whose 
office  shall  he  in  the  city  of  Sacramento,  two  assistant  inheritance  tax 
attorneys,  one  of  whom  shall  have  his  office  in  the  city  of  Los  Angeles 
and  the  other  in  the  city  and  county  of  San  Francisco,  and  an  in- 
heritance tax  clerk.  Said  attorney's  and  said  clerk  shall  be  civil 
executive  officers.  Said  attorneys  shall  be  admitted  and  licensed  to 
practice  before  the  supreme  court  of  this  state.  The  inheritance  tax 
attorney  shall,  under  the  authority  and  direction  of  the  controller,  have 
general  supervision  of  said  department.  He  shall  have  particular  charge 
of  the  legal  work  connected  with  said  department  and  shall  perform 
such  other  duties  as  the  controller  may  direct.  Said  assistant  inher- 
itance tax  attorneys  shall  perform  such  legal  and  other  services  relative 
to  the  administration  and  enforcement  of  said  inheritance  or  transfer 
tax  laws  in  the  respective  counties  in  which  their  offices  may  be  situ- 
ated or  in  any  neighboring  county,  as  the  controller  may  direct.  The 
inheritance  tax  clerk  shall  perform  such  clerical  services  as  may  be 
required  of  said  inheritance  tax  department;  he  shall  keep  a  record  of 
taxable  inheritance  and  transfers  and  of  actions  and  proceedings  to 
determine  or  enforce  payment  of  any  taxes  due  thereon.  He  shall  make 
inquiry  into  appraisements  of  estates  and  shall  perform  such  other 
duties  as  the  controller  may  direct.  He  shall  have  his  office  at  the 
city  of  Sacramento.  The  salary  of  said  inheritance  tax  attorney  shall 
be  three  thousand  dollars  per  annum.  The  salary  of  each  of  said  assist- 
ant inheritance  tax  attorneys  shall  be  three  thousand  dollars  per  annum. 
The  salary  of  said  inheritance  tax  clerk  shall  be  one  thousand  eight 
hundred  dollars  per  annum.  Said  attorneys  and  said  clerk  shall  also 
receive  their  necessary  traveling  and  incidental  expenses.  Said  sal- 
aries and  said  expenses  shall  be  paid  out  of  such  moneys  as  may  be 
appropriated  to  the  controller  for  the  use  of  said  inheritance  tax  de- 
partment. Out  of  any  moneys  so  appropriated  the  controller  may  also 
employ  such  other  and  further  and  additional  attorneys,  clerks,  experts, 
agencies  or  persons,  or  make  such  other  expenditures  as  he  may  think 
necessary  and  proper  in  the  conduct  of  said  inheritance  tax  department. 
An  act  entitled  "An  act  to  authorize  the  controller  of  state  to  ap- 
point an  inheritance  tax  deputy,  prescribing  his  duties  and  making  an 
appropriation  therefor,"  approved  March  20,  1909,  is  hereby  repealed. 
[New  section  added  June  16,  1913;  Stats.  1913,  p.  1065.] 

Duties  of  treasurer. 

§  452.     It  is  the  duty  of  the  treasurer: 

1.  To  receive  and  keep  in  the  vaults  of  the  state  treasury  or  in  banks 
all  moneys  belonging  to  the  state,  not  required  to  be  received  and  kept 
by  some  other  person; 

2.  To  file  and  keep  the  certificates  of  the  controller  delivered  to  him 
when   moneys  are  paid  into  the  treasury; 

3.  To  deliver  to  each  person  paying  money  into  the  treasury  a  receipt 
showing  the   amount,   the   sources  from   which   the   money   accrued,   and 


§  453a  POLITICAL  CODE.  300 

the  funds  into  which  it  is  paid,  which  receipts  must  be  numbered  in 
order,  beginning  with  number  1  at  the  conimenceaient  of  each  fiscal 
year; 

4.  To  pay  warrants  drawn  by  the  controller  out  of  the  funds  upon  and 
in  the  order  in  which  they  are  drawn; 

5.  To  attach  to  or  indorse  upon  warrants  drawn  by  the  controller  an 
order  directing  the  jiayment  of  warrants  by  some  bank  or  banks  in 
which  moneys  of  the  state  are  on  deposit  whenever,  in  his  judgment,  it 
is  desirable  to  so  withdraw  moneys  of  the  state  from  deposit.  Upon 
presentation  for  payment,  the  person  to  whom  it  is  paid  shall  receipt 
therefor  in  the  manner  customary  in  the  payment  of  bank  checks,  and 
the  treasurer  shall  preserve  such  warrants  and  orders  after  they  are 
returned  to  him  in   the  ordinary  course  of  business; 

6.  To  keep  an  account  of  all  moneys  received  and  disbursed; 

7.  To  keep  sejiarate  accounts  of  the  different  funds; 

8.  To  report  to  the  controller,  on  or  before  the  tenth  dny  of  each 
month,  the  amount  disbiirsod  during  the  preceding  month  for  reilemption 
of  bonds  and  in  payment  of  warrants  during  the  month;  which  report 
mTist  show  the  number  of  such  bonds  and  warrnnts,  the  funds  out  of 
which  they  were  i>aid,  and  the  balance  of  cash  on  hand  in  the  treasury 
to  the  credit  of  each  fund; 

{>.  At  the  request  of  either  house  of  the  legislature,  or  of  any  com- 
mittee thereof,  to  give  information  in  writing  as  to  the  condition  of  the 
treasury,  or  upon  any  subject  relating  to  the  duties  of  his  office; 

lf>.  To  report  to  the  governor  at  the  time  prescribed  in  section  332 
of  this  code,  the  exact  balance  in  the  treasury  to  the  credit  of  the  state, 
with  a  summary  of  the  receipts  and  payments  of  the  treastiry  during 
the  two  preceding  fiscal  years; 

11.  To  authenticate  with  his  ofScial  seal  all  writings  and  papers  issued 
from   his  office; 

12.  To  discharge  the  duties  of  state  capitol  commissioner,  and  snch 
other  duties  as  may  be  imposed  upon  him  by  law.  [Amendment  ap- 
proved March  13,  1911;   Stats.  1911,  p.  355.] 

Funds  in  state  treasury. 

§  453a.  Whenever  any  person  donates  to  the  state  any  money,  the 
state  treasurer  is  hereby  authorized,  upon  the  receipt  of  a  certificato 
from  the  controller,  to  receive  the  same;  and  in  case  the  donor,  at  the 
time  of  making  the  donation,  designates,  in  a  written  request  filed  with 
the  controller,  the  fund  or  appropriation  he  desires  to  benefit  thereby, 
such  donation  must  be  cre<lited  accordingly,  but  if  no  such  designation 
is  made,  then  it  must  be  paid  into  the  state  school  fund.  In  the  event 
tiiat  money  which  has  boon  drawn  from  the  state  treasury  in  pursuance 
of  a  valid  act  of  appropriation  is  subsequently  returned,  in  whole  or 
jtart,  the  controller  is  authorized  to  credit  it  back  to  the  special  or  gen- 
eral appropriation  from  which  it  was  drawn,  or  if  drawn  from  a  general 
appropriation  made  for  a  preceding  biennial  period,  then  to  the  geueiul 


301  POLITICAL  CODE.  §§  456-461 

appropriation  for  the  current  biennial  period  which  most  nearly  cor- 
responds to  tliat  appro'priation  from  which  it  was  drawn.  Money  once 
drawn  from  the  treasury  on  pay-roll  claims,  and  subsequently  returned, 
either  because  the  creditor  cannot  be  found,  or  for  any  other  legal  rea- 
so-n,  may  be  again  drawn  to  meet  the  same  claim  or  claims;  provided, 
it  is  established  by  competent  tostimony  that  the  former  impediment 
to  the  settlement  of  the  claim  or  claims  has  been  removed.  Trust  funds 
which  have  come  into  the  possession  of  any  department  of  the  state 
government  may  be  paid  into  the  treasury  subject  to  the  right  of  recov- 
ery to  fulfill  the  purposes  of  the  trust,  and  to  that  end  this  provision 
shall  be  construed  to  constitute  a  valid  act  of  appropriation.  When 
paid  in  such  trust  funds  shall  be  credited  to  the  contingent  fund  of 
the  institution  or  department,  if  there  be  one,  and  if  there  be  none,  then 
such  moneys  shall  be  certified  into  the  general  fund,  but  shall  be  cred- 
ited to  department  or  institution  from  which  received,  and  in  any  event 
such  moneys  shall  be  held  subject  to  the  right  of  the  department  ar 
institution  to  recover  the  same,  on  claims  properly  presented,  for  the 
purpose  of  fulfilling  the  trust.  [Amendment  approved  June  lU,  1913; 
Stats.  1913,  p.  679.] 

State  treasurer's  deputy  and  assistants. 

§  456.  The  state  treasurer  may  appoint  one  deputy  state  treasurer, 
one  cashier,  one  bond  officer,  two  bookkeepers  and  one  stenographer,  all 
of  whom  shall  be  civil  executive  otBcers.  The  annual  salary  of  the 
deputy  state  treasurer  is  three  thousand  two  hundred  dollars;  of  the 
cashier,  two  thousand  five  hundred  dollars;  of  the  bond  officer,  two 
thousand  five  hundred  dollars;  of  the  bookkeepers,  two  thousand  two 
hundred  dollars  each,  and  of  the  stenographer,  one  thousand  two  hun- 
dred dollars.  All  such  salaries  shall  be  paid  in  the  same  manner  and  at 
the  same  time  as  the  salaries  of  other  state  officers.  [Amendment  ap- 
proved March  24,  1911;  Stats.  1911,  p.  483.] 

Bonds  of  deputy  state  treasurer,  cashier  and  bond  officer. 

§  459a.  The  deputy  state  treasurer  shall  execute  an  official  bond  to 
the  state  of  California  in  the  sum  of  fifty  thousand  dollars;  the  cashier 
in  the  state  treasurer's  office  shall  execute  an  official  bond  to  the  state 
of  California  in  the  sum  of  ten  thousand  dollars;  and  the  bond  officer 
in  the  state  treasurer's  office  shall  execute  an  official  bond  to  the  state 
of  California  in  the  sum  of  five  thousand  dollars.  The  premium  on  each 
of  said  bonds  shall  be  paid  by  the  state  in  the  manner  now  provided 
by  law,  or  as  may  be  hereafter  provided.  [New  section  approved  May 
23,  1913;  Stats.  1913,  p.  227.] 

State  treasurer  to  transfer  school  fund. 

§  461.  The  state  treasurer  shall  transfer  from  the  general  fund  to 
the  state  school  fund  such  sums  as  shall  be  certified  to  him  by  the  ttate 


§§  472-475  POLITICAL  CODE.  302 

controller   under    the    provisions    of   section    443    of    the    Political    Code. 
[New  section  approved  May  1,  1911;   Stats.  1911,  p.  1245.] 
See  note   to  §  443. 

Appointees  of  attorney  general.  To  have  charge  of  state's  legal  matters. 
§  472.  The  attorney  general  may  appoint  one  assistant,  one  chief 
deputy  and  six  additional  deputies,  who  shall  be  civil  executive  officers. 
The  annual  salary  of  the  assistant  shall  be  four  thousand  dollars;  the 
annual  salary  of  the  chief  deputy  shall  be  four  thousand  dollars;  the 
annual  salary  of  two  of  such  additional  deputies  shall  be  thirty-three 
hundred  dollars  each,  and  the  annual  salary  of  four  of  such  additional 
deputies  shall  be  three  thoiisand  dollars  each.  Said  salaries  shall  be 
paid  at  the  time  and  in  the  same  manner  as  the  salaries  of  other 
state  officers.  The  attorney  general  shall  not  employ  special  counsel  in 
any  case  except  those  provided  in  section  474  of  the  Political  Code. 
The  attorney  general  shall  have  charge,  as  attorney,  of  all  legal  matters 
in  which  the  state  is  in  any  wise  interested,  except  the  business  of  the 
regents  of  the  University  of  California  and  of  the  state  harbor  commis- 
sioners, and  such  other  boards  or  officers  as  are  now  by  law  authorized 
to  employ  attorneys,  and  no  board,  officer  or  officers,  or  employee  of  the 
state,  except  said  regents  and  said  harbor  commissioners  and  such  other 
boards  and  officers  as  are  now  by  law  authorized  to  employ  attorneys, 
shall  employ  any  attorney  other  than  the  attorney  general,  or  one  of 
his  assistants  or  deputies,  in  any  matter  in  which  the  state  is  interested; 
nor  shall  any  money  be  drawn  out  of  the  treasury,  or  out  of  any  moneys 
appropriated  out  of  the  treasurj*,  or  out  of  any  special  or  contingent 
fund  under  the  control  of  any  board,  officer  or  officers,  or  employee  for 
the  pay  of  any  legal  services  rendered  after  the  passage  of  this  act, 
the  provisions  of  any  existing  statute  to  the  contrary  notwithstanding, 
excepting  as  above  provided;  provided,  that  whenever  a  district  attor- 
ney in  any  county  of  this  state  shall,  for  any  reason,  become  disqual- 
ified from  conducting  any  criminal  prosecution  within  such  county,  the 
attorney  general  may  employ  special  counsel  to  conduct  such  jirosecu- 
tion,  and  the  attorney's  fee  in  such  ease  shall  be  a  legal  charge  against 
the  state;  provided,  further,  that  nothing  herein  contained  shall  be 
construed  to  prevent  or  deny  the  right  of  any  board,  officer,  or  officers 
or  employee  of  the  state  to  employ  or  engage  counsel  in  any  matter  of 
the  state,  after  first  having  obtained  the  written  consent  so  to  do  of  the 
attorney  general.  [Amendment  approved  June  14,  1913;  Stats.  1913, 
p.  945.] 

Also  amended  April  3,  1911    (Stats.  1911,  p.  587). 

Clerks,  reporter  and  stenographers. 

§  475.  The  attorney  general  may  appoint  two  clerks,  one  phono- 
graphic reporter  and  five  stenographers  for  his  office.  The  annual  sal- 
ary of  each  of  said  clerks  and  of  the  phonographic  reporter  shall  be 
eighteen   hundred   dollars;   the   annual   salary   of  each   of  such   stenogra- 


303  POLITICAL  CODE.  §§  485-526 

phcrs  shall  be  twelve  hundred  dollars.  Said  salaries  shall  be  paid  at 
the  same  time  and  in  the  same  manner  as  the  salaries  of  other  state 
officers  are  paid.  The  clerk,  the  phonographic  reporter  and  the  stenog- 
raphers shall  be  civil  executive  officers.  [Amendment  approved  June 
14,  1913;  Stats.  1913,  p.  946.] 

Also   amended   April   3,    1911    (Stats.    1911,   p.   588). 

Appointments  of  surveyor  general. 

§  485.  The  surveyor  general  may  appoint  a  deputy  surveyor  general, 
who  shall  be  ex-officio  deputy  register  of  the  state  land  office,  and  one 
assistant  surveyor  general,  who  shall  be  ex-officio  assistant  register  of 
the  state  land  office,  and  three  clerks,  all  of  whom  shall  be  civil  exec- 
utive officers.  The  annual  salary  of  the  deputy  surveyor  general,  includ- 
ing his  services  as  ex-officio  deputy  register  of  the  state  land  office  is  three 
thousand  dollars.  The  annual  salary  of  the  assistant  surveyor  general,  in- 
cluding his  services  as  ex-officio  assistant  register  of  the  state  laud  office, 
is  two  thousand  two  hundred  and  fifty  dollars.  The  annual  salary  of 
each  clerk  to  the  surveyor  general  is  eighteen  hundred  dollars.  The  said 
salaries  shall  be  paid  in  the  same  manner  and  at  the  same  time  as  the 
salaries  of  other  state  officers.  [Amendment  approved  March  21,  1911; 
Stats.  1911,  p.  426.] 

Register  of  state  land  office,  clerks. 

§  500.  The  register  of  the  state  land  office  may  appoint  three  clerks, 
all  of  whom  shall  be  civil  executive  officers.  The  annual  salary  of  each 
clerk  in  the  register's  office  is  eighteen  hundred  dollars.  Said  salary  shall 
be  paid  in  the  same  manner  and  at  the  same  time  as  the  salaries  of  other 
state  officers.     [Amendment  approved  March  20,  1911;  Stats.  1911,  p.  402.] 

Duties  of  superintendent  of  state  printing. 

§  526.     It  is  the  duty  of  the  superintendent  of  state  printing: 

Print  laws,  etc. 

One — To  print  the  laws;  the  journals  of  the  legislature;  reports  of  state 
officers;  public  documents  ordered  to  be  printed  by  the  legislature;  blanks 
for  the  supreme  court,  the  offices  of  governor,  secretary  of  state,  con- 
troller, treasurer  of  state,  superintendent  of  public  instruction,  attorney 
general,  surveyo'r  general,  and  register  of  the  land  office;  the  bills,  resolu- 
tions, and  other  job  printing  which  may  be  ordered  by  either  of  the  two 
houses  of  the  legislature,  and  all  other  public  printing  for  the  state,  un- 
less otherwise  expressly  ordered  by  law. 

List  of  state  officers. 

Two — To  publish,  prefixed  to  each  volume  of  the  laws,  the  names  and 
place  of  residence  of  the  governor,  and  other  executive  officers  of  the 
state,  lieutenant-governor,  senators  and  representatives  in  the  legislature, 
the  presiding  officers  of  the  senate  and  assembly,  and  of  commissioners  of 
the  state  of  California  residing  out  of  the  state,  and  in  office  at  the  time 
of  such  publication. 


§  526  POLITICAL  CODE.  304 

Duties  required  by  article  12,  title  1,  part  3  of  code. 

Three — To  perform  the  duties  required  by  the  provisions  of  article  12, 
chapter  2,  title  1,  part  3,  of  this  code,  and  such  other  duties  as  are  im- 
posed upon  him  by  law. 

Record  of  employees. 

Four — He  shall  l<eep  in  his  office,  open  to  public  inspertion,  a  timebook, 
containing  the  name  of  every  employee  connected  with  the  state  print- 
ing office,  the  time  employed,  the  rate  of  wa^es.  and  amount  paid;  and 
he  shall  certify,  under  oath,  to  the  correctness  of  all  claims  for  services 
rendered  and  materials  furnished,  which  certificate  shall  be  attached  to 
and  presented  with  each  claim  that  shall  be  jiresented  to  the  board  of 
examiners  for  allowance,  and  no  suth  claim  shall  be  certified  or  allowed 
unless  it  be  fully  itemized. 

Bids. 

Five — Tie  shall  file  in  the  office  of  the  secretary  of  state,  all  proposals, 
bids,  contracts,  bonds,  and  other  papers  appertaining  to  the  awarding  of 
contracts  now  in  his  possession,  or  which  may  hereafter  come  into  his 
possession,  retaining  in  his  office  coi)ies  of  the  satre;  and  the  secretary 
of  state  shall  promptly  furnish  the  board  of  examiners,  for  their  use, 
certified  coj>ies  of  all  such  papers. 

Course  taken  by  orders  for  printing. 

Six — All  printing  required  b}-  any  of  the  state  departments,  boards, 
or  any  state  officer,  for  the  state,  the  order  for  the  same  shall  be  made 
out  upon  a  printed  blank,  with  voucher  attached,  to  be  furnished  by  the 
superintendent  of  the  state  jirinting,  and  forwarded  to  the  office  of  said 
superintendent,  who  shall  enter  upon  a  book  kept  in  his  office  for  that 
pur|)0se,  a  transcrii>t  of  said  orders;  and  shall  return  with  the  work, 
when  cornideted,  to  the  person  ordering  the  same,  the  original  order,  with 
duidicate  voucher  attached;  said  voucher  to  be  signed  by  the  person  re- 
ceiving the  work,  and  returned  to  the  superintendent  of  state  printing, 
and  both  original  and  duplicate  orders  shall  be  kept  on  file  in  his  office, 
and  shall  be  a  sufficient  voucher  for  said  work.  The  superintendent  of 
state  printing  shall  enter  upon  a  book  to  be  kept  for  said  purpose,  the 
name,  quantity,  and  weight  of  paper  used  for  each  order  printed.  He 
shall  also,  certify,  under  oath,  that  all  materials,  stock,  and  paper  fur- 
nished the  office  under  contracts,  are  of  the  quality,  kind  and  weight 
required  by  such  contracts;  and  no  claim  arising  under  any  contract  shall 
be  allowed  or  paid  unless  accompanied  by  such  certificate.  He  shall  also, 
retain  and  file  in  his  office  one  copy  or  sample  of  each  blank,  circular, 
pamphlet,  book,  legislative  bill,  file,  or  report,  or  any  other  work  ema- 
nating from  the  state  printing  office,  excepting  blank  books,  of  which  he 
shall  file  only  sample  sheets,  said  copies  or  samples  shall  bear  a  uniform 
number  and  date  with  the  voucher. 


305  POLITICAL  CODE.  §§529,530 

Senate  printing. 

Seven — No  printing  for  the  senate,  or  any  committee  of  the  same,  shall 
be  executed  except  upon  an  oflieial  order  of  the  ser-rotary,  and  no  ordo" 
for  any  printing  shall  be  made  by  that  officer  unless  the  same  is  ordered 
by  a  majority  vote  of  the  senate.  All  printing  done  for  the  senate  shall 
be  delivered  to  the  sergeant-at-arms  of  that  body,  whose  duty  it  shall 
be  to  distribute  one-third  of  the  copies  of  any  document  printed  to  the 
members  of  the  senate,  and  two-thirds  to  the  scrgeant-at-arms  of  the 
assembly,  who  shall  receipt  therefor,  for  distribution  to  the  members 
thereof.  There  shall  be  printed  two  hundred  and  forty  copies  of  all  bills, 
resolutions  and  reports  ordered  printed  by  the  senate. 

Assembly  printing. 

Eight — Xo  printing  for  the  assembly,  or  any  committee  of  the  same, 
shall  be  executed  except  upon  an  official  order  of  the  chief  clerk,  and  no 
order  for  any  printing  shall  be  made  bj'  that  officer  unless  the  same  is 
ordered  b}'  a  majority  vote  of  the  assembly.  All  printing  done  for  the 
assembly  shall  be  delivered  to  the  sergeant-at-arms  of  that  body,  whose 
duty  it  shall  be  to  distribute  two-thirds  of  the  copies  of  any  document 
printed  to  the  members  of  the  assembly,  and  one-third  to  the  sergeant- 
at-arms  of  the  senate,  who  shall  receipt  therefor,  for  distribution  to  the 
members  thereof.  There  shall  be  printed  two  hundred  and  forty  copies  of 
all  bills,  resolutions,  and  reports  ordered  printed  by  the  assembly. 

Receipts. 

Nine — The  receipts  of  the  respective  sergeant-at-arms  of  the  senate 
and  assembly  shall  be  a  sufficient  voucher  to  the  superintendent  of  state 
printing  for  all  work  done  for  either  house. 

Bill-filing  room. 

Ten — To  maintain  a  bill-filing  room  for  the  senate  and  assembly,  to 
file  all  bills,  resolutions,  journals  and  such  other  papers  as  may  be  ordered 
by  either  the  senate  or  assembly,  to  place  all  such  bills,  resolutions, 
journals  and  other  papers  in  proper  binders  for  the  use  of  the  members 
of  the  legislature,  and  to  perform  such  other  duties  in  connection  with 
the  filing  and  distribution  of  such  bills,  resolutions,  journals,  and  other 
papers  as  may  be  required  by  law,  or  the  rules  or  special  orders  of  either 
house  of  the  legislature.  [Amendment  approved  June  16,  1913;  Stats. 
1913,  p.  1145.] 

Style  of  printing. 

§  529.  The  superintendent  of  state  printing  shall  decide  upon  the 
stvle  and  manner  of  printing  all  laws  and  other  state  documents. 
[Amendment  approved  June  16,  1913;  Stats.  1913,  p.  1132.] 

Appointment  of  superintendent  of  state  printing. 

§  530.     The  superintendent  of  state  printing  shall  be  appointed  by  the 
governor  of  the  state,  with  the  advice  and  consent  of  the  senate  and  hold 
20 


§§  588-594  POLiTic.vL  code.  306 

office  at  the  pleasure  of  the  governor.  He  shall  be  a  competent  practical 
printer,  and  before  entering  upon  the  dist-harge  of  the  duties  of  his  office 
shall  give  a  good  and  sufficient  bond  to  the  people  of  the  state  of  Cali- 
fornia in  the  sum  of  twenty-five  thousand  dollars,  with  two  or  more  suffi- 
cient sureties,  to  be  approved  by  governor,  for  the  faithful  performance 
of  his  duties,  which  bond  shall  be  filed  in  the  office  of  8ecrPt:iry  of  state. 
Nothing  herein  contained  shall  be  con.strued  as  affecting  the  term  of  office 
of  any  person  elected  to  the  office  herein  mentioned  prior  to  the  adoption 
hereof.     [Amendment  approved  Ajiril  26,  1911;  Stats.  1911,  p.  1127.] 

§  588. 

Citations.      App.   8/416,   417. 

Office,  etc.,  for  insurance  commissioner.  Special  fund.  Erpenditurea 
audited. 
§  591.  The  commissioner  may  procure  suitable  rooms  for  his  offices 
and  may  jirovide  a  suitable  safe  and  furniture  therefor.  He  may  also 
proviile  stationery,  fuel,  printing  and  other  conveniences  and  assistance 
and  incur  traveling  and  such  other  expenses  as  are  necessary  fcr  the 
transactions  of  the  business  of  his  office.  Out  of  the  funds  paid  into  the 
state  treasury  by  the  insurance  commissioner,  there  shall  be  set  aside 
and  reserved  each  and  every  year  the  sum  of  thirty  thousand  dollars  as 
a  special  fund  to  be  called  the  insurance  commissioner's  special  fund. 
All  exficnditures  authorized  in  this  section  must  be  auilited  by  the  board 
of  examiners,  who  must  allow  the  same  and  direct  payment  thereof  to  be 
made,  and  the  controller  shall  draw  warrants  therefor  on  the  state  treas- 
ury for  the  payment  of  the  same  to  the  insurance  commissioner  out  of 
the  said  insurance  commissioner's  special  fund.  [Amendment  approved 
M*iy  1,  1911;  Stats.  1911,  p.  1247.] 

Classification  of  Insurance  business. 

§  594.  All  insiiraiKo  business  in  the  state  of  California  is  hereby 
classified  in  the  following  sixteen  kinds,  namely: 

Life  insurance. 

1.  Life  insurance,  including  within  its  meaning  insurance  upon  the  lives 
of  persons  and  every  insurance  appertaining  thereto,  and  the  granting, 
purchasing  and  disposing  of  annuities. 

Fire  insurance. 

2.  Fire  insurance,  including  within  its  meaning  insurance  against  loss 
or  damage  by  fire,  lightning,  windstorm,  tornadoes  or  earthquakes. 

Marine  insurance. 

o.  Marine  insurance,  including  within  its  meaning  insurance  upon 
vessels,  freights,  goods,  wares,  merchandise,  specie,  bullion,  jewels,  profits, 
commissions,  bank  notes,  bills  of  exchange,  and  other  evidences  of  debt, 
bottomry  and  respondentia  interests,  and  every  insurance  connected  with 


307  POLITICAL   CODE.  §  594 

marine   risks   and   risks  of  transportation   and   navigation,  including  the 
risks  of  lake,  river  and  inland  transportation  and  navigation. 

Title  insurance. 

4.  Title  iiisii ranee,  including  within  its  meaning  the  issuance  of  guaran- 
ties and  policies  of  insurance  affecting  titles  to  real  estate,  and  guaran- 
teeing or  insuring  owners  of  real  or  [)ersnnal  jjroperty,  or  others  interested 
therein,  or  having  liens  or  encumbrances  thereon,  against  loss  by  reason 
of  defective  titles,  encumbrances,  or  adverse  claims  of  title,  or  other- 
wise. 

Surety  insurance. 

5.  Fidelity  and  surety  insurance,  including  within  its  meaning  the 
guaranteeing  of  persons  holding  places  of  public  or  private  trust,  and 
guaranteeing  and  executing  all  lionds,  undertakings,  and  contracts  of 
suretyship,  and  guaranteeing  the  performance  of  contracts  other  than 
insurance  policies,  and  not  including  guaranteeing  the  paying  of  mort- 
gages or  trust  deeds. 

Accident  insurance. 

6.  Accident  insurance,  and  either  sickness  or  health  insurance,  includ- 
ing within  its  meaning  insurance  against  injury,  disablement  or  death 
resulting  from  traveling  or  general  accidents,  and  against  disablements 
resulting  from  sickness  and  every  insurance  appertaining  thereto. 

Plate-glass  insurance. 

7.  Plate-glass  insurance,  including  within  its  meaning  all  insurance 
against  breakage  of  glass,  whether  local  or  in  transit. 

Liability  insurance. 

8.  Liability  insurance,  including  within  its  meaning  workmen's  com- 
pensation insurance  and  all  other  insurance  against  loss  or  damage  result- 
ing from  accident  to  or  injury,  fatal  or  nonfatal,  suffered  by  an  employee 
or  other  person,  and  for  which  the  insured  is  liable. 

Boiler  insurance. 

9.  Boiler  and  machinery  insurance,  including  within  its  meaning  insur- 
ance upon  steam  boilers  and  pipes,  fly-wheels,  engines  and  machinery 
connected  therewith  or  operated  thereby,  against  explosion  and  accident, 
and  against  loss  and  damage  to  life  or  property  resulting  therefrom,  and 
against  loss  of  use  and  occupancy  caused  thereby. 

Burglary  insurance. 

10.  Burglary  insurance,  including  within  its  meaning  insurance  against 
loss  by  burglary  or  theft  or  both. 

Credit  insurance. 

11.  Credit  insurance,  including  within  its  meaning  insurance  of  mer- 
chants, traders,  and  those  engaged  in  business  and  giving  credit  for  loss 


§594 


POLITICAL   CODE.  308 


and  damage  hy  reason  of  giving  and  extending  credit  to  their  customcTS 
and  those  dealing  with  them,  and  insurance  or  guaranty  either  by  agree- 
ment to  purchase  uncollectible  debts  or  othorwite.  against  loss  or  damage 
from  the  failure  of  persons  indebted  or  to  become  indebted  to  the  in- 
sured, or  to  meet  existing  or  conteauplated  liabilities. 

Sprinkler  insurance. 

12.  Sprinkler  insurance,  including  within  its  meaning  insurance  against 
loss  or  damage  by  water  to  any  goods  or  premises  arising  from  the  break- 
age or  leakage  of  sprinklers,  pumps  or  other  apparatus  placed  for  ex- 
tinguishing fires,  and  of  water  pipes,  and  against  accidental  injury  to  such 
sprinklers,  pumps,  or  other  apparatus. 

Team  insurance. 

13.  Team  and  vehicle  insurance,  including  within  its  meaning  insurance 
against  loss  or  legal  liability  for  loss  because  of  damage  to  property 
caused  by  the  use  of  teams  or  vehic!f>«  whether  by  accident  or  collision 
or  by  explosion  of  any  engine  or  tank  or  boiler  or  pipe  or  tire  of  any 
vehicle,  and  also  incUnling  insurance  against  theft  of  the  whole  or  anv 
part  of  any  vehiile;  the  term  vehicle  as  here  useil  does  not  include  ships 
or  vessels  nor  boats  nor  any  railroad  rolling  stock. 

Automobile  insurance. 

14.  Automobile  intiurance,  including  within  its  meaning  the  insurance 
of  the  owners  of  or  dealers  in  automobiles  against  any  and  all  hazanls 
incident  to  ownership,  maintenance,  operation  and  use  of  such  auto- 
mobiles. No  company  shall  assume  any  hazard  or  risk  upon  an  auto- 
mobile unless  authorized  to  assume  hazanls  or  risks  of  that  character  by 
its  charter  or  articles  of  incorjioration.  Nothing  herein  contained  shall 
be  construed  to  prevent  a  fire  insurance  company  from  issuing  a  policy 
of  insurance  upon  an  automobile  covering  the  fire  h:izard  only,  nor  be 
constriied  to  prevent  a  marine  insurance  comjiany  from  issuing  a  policy 
of  insurance  upon  an  automobile  covering  the  marine  haznrtl  of  trans- 
portation only,  nor  be  construed  to  prevent  a  life  insuraiu-e  company 
which  alto  transacts  liability  insurance  from  issuing  a  policy  of  insur- 
ance upon  an  automobile,  covering  the  liability  hazard  only. 

Mortgage  insurance. 

15.  Mortgaije  inisurauce,  including  within  its  meaning  the  guaranteeing 
of  the  payment  of  the  principal,  interest  and  other  sums  agreed  to  be 
paid  under  the  terms  of  any  notr  or  bond  secured  by  mortgage  or  trust 
deed,  or  other  sums  secured  under  the  terms  of  any  such  mortgage  or 
trust  deed,  in  its  entirety,  or  of  an  undivided  or  other  partial  interest 
in  any  such  mortgage  or  trust  deed,  or  in  a  group  of  such  mortgages 
or  trust  deeds,  and  the  guaranteeing  or  insuring,  directly  or  indirectly, 
against  loss  thereon. 


309  POLITICAL   CODE.  §  594 

Miscellaneous  Insurance. 

16.  MiscellaiR'oiis  insurance,  including  within  its  meaning  lightning, 
windstorm,  tornado  and  earthquake  insurance,  and  any  and  all  casualty 
insurance  not  included  in  any  of  the  foregoing  kinds,  and  which  is  a 
proper  subject  of  insurance. 

Requisites  to  do  business. 

No  company  shall  do  any  of  the  foregoing  sixteen  kinds  of  insurance 
unless  authorized  to  do  so  by  ils  charter.  No  company  having  a  capital 
stock  shall  do  life  insurance  in  California  without  having  a  capital  stock 
of  at  least  two  hundred  thousand  dollars,  nor  shall  any  such  company 
do  in  California  any  other  of  said  kinds  of  insurance,  except  the  sixth 
and  eighth  classes;  provided,  that  any  such  insurance  company  desiring 
to  do  either  the  sixth  or  eighth  <']ass,  must  have  in  addition  to  such  two 
hundred  thousand  dollars*of  caiiital  stock,  at  least  fifty  thousand  dollars 
of  ca])ital  stock  for  each  class  it  desires  to  do,  and  one  hundred  thou- 
sand dollars  additional  capital  stock  to  do  both  such  additional  classes. 
No  comjiany  having  a  capital  stock  shall  do  in  California  any  fire  in- 
surance without  having  a  capital  stock  of  at  least  two  hundred  thousand 
dollars  nor  shall  any  such  company  do  in  California,  any  other  of  said 
kinds  of  insurance,  except  the  third,  ninth,  twelfth,  fourteenth  and  six- 
teenth classes\  To  do  both  fire  and  marine  insurance  such  company  must 
have  a  capital  stock  of  at  least  four  hundred  thousand  dollars,  and  to  do 
any  other  class  of  insurance,  such  company  must  have  an  additional 
capital  stock  of  at  least  fifty  thousand  dollars  for  each  such  additional 
class  that  it  desires  to  do,  in  addition  to  the  two  hundred  thousand  dol- 
lars required  if  it  does  fire  insurance  or  the  four  hundred  thousand  dol- 
lars required  if  it  does  both  fire  and  marine  insurance.  No  company 
having  a  capital  stock  shall  do  in  California  any  of  said  third  kind  of 
insurance  without  having  a  capital  stock  of  at  least  two  hundred  thou- 
sand dollars,  nor  shall  any  such  company  do  in  California  any  other  of 
said  kinds  of  insurance  except  the  second,  thirteenth,  fourteenth  and 
sixteenth  classes.  To  do  both  fire  and  marine  insurance  such  company 
must  have  a  capital  stock  of  at  least  four  hundred  thousand  dollars,  and 
to  do  any  other  class  of  insurance,  such  company  must  have  an  additional 
capital  stock  of  at  least  fifty  thousand  dollars  for  each  such  additional 
class  it  desires  to  do,  in  addition  to  the  two  hundred  thousand  dollars 
required  if  it  does  marine  insurance  or  the  four  hundred  thousand  dollars 
required  if  it  does  both  marine  and  fire  insurance.  No  company  having 
a  capital  stock  shall  do  in  California  any  of  the  fifth,  sixth,  seventh, 
eighth,  ninth,  tenth,  eleventh,  twelfth,  thirteenth,  fourteenth  or  sixteenth 
of  said  kinds  of  insurance  without  having  a  capital  stock  of  at  least  one 
hundred  thousand  dollars  for  the  fir^^^t  class  of  insurance  such  company 
desires  to  do,  nor  do  any  other  of  such  classes  without  having  in  addi- 
tion to  such  one  hundred  thousand  dollars  of  capital  stock  at  least  fifty 
thousand  dollars  additional  capital  stock  for  each  additional  kind  of  in- 
surance, that  it  desires  to  do.     Except  as  above  described,  no  company 


§§  595, 596  POLITICAL  code.  310 

doing  either  the  fifth,  sixth,  seventh,  eighth,  ninth,  tenth,  eleventh, 
twelfth,  thirteenth,  fourteenth  or  sixteenth  classes  of  insurance,  shall 
do  any  of  the  first,  second  or  third  clashes  of  insurance.  No  company 
doing  the  fourth  class  of  insurance  shall  do  any  other  class  of  insurance, 
and  no  company  doing  the  fifteenth  class  of  insurance  shall  do  any  other 
class  of  insurance,  and  no  company  doing  any  other  class  of  insurance 
shall  do  either  the  fourth  class  or  the  fifteenth  class  of  insurance. 

Capital  stock  to  be  paid  up. 

Such  capital  stock  required  must  be  fully  paid  up  before  doing  any 
such  business  in  the  state  of  California,  except  that  companies  incor- 
porated under  the  laws  of  California,  must  have  at  least  twenty-five  per 
cent  of  their  capital  stock  paid  in  previous  to  the  issuance  of  any  policies 
and  the  residue  within  twelve  months  of  the  filing  of  the  articles  of  in- 
corporation with  the  secretary  of  state.  If  such  residue  is  not  paid 
within  twelve  months,  the  insurance  commissioner  must  cancel  any  cer- 
tificate of  authority  previously  issued  to  such  company.  The  capital 
stock  required  must  be  unimpaired  and  shall  be  exclusive  of  all  liabilities 
for  losses  reported,  expenses,  taxes  and  reinsuraiiCe  of  all  outstanding 
risks  as  provided  in  sections  6ii2  and  602a  of  the  Political  Code.  Every 
company  organized  or  formed  under  the  laws  of  any  other  state  or 
country  as  a  mutual  or  as  a  joint  stock  and  mutual  comjiany  having  a 
capital  stock  less  than  as  above  prescribed  must  have  in  lieu  of  such 
capital  stock  available  cash  assets  of  at  least  two  hundred  thousand  dol- 
lars above  all  liabilities  for  losses  reported,  expens^es.  taxes  and  reinsur- 
ance of  all  outstanding  risks  as  jirovided  in  sections  602  and  602a  of  the 
Political  Code.  No  company  shall  do  in  California  any  title  insurance 
without  having  at  least  one  hundred  thousand  dollars  of  capital  stock 
fully  paid  in  in  cash,  previous  to  the  issuance  of  any  policy;  and  no 
company  shall  do  in  California  any  mortgage  insurance  without  having 
at  least  one  hundred  thousand  dollars  of  capital  stock  fully  paid  in  in 
cash,  previous  to  the  issuance  of  anv  policv.  [Amendment  approved  June 
6,  1913;  Stats.  1913,  p.  483.] 

Also  amended  May   1,   1011    (Stats.    1011,  p.   1347). 

§  595. 

Citations.     App.  8/415,  416.   417. 

Transaction  of  insurance  business  in  state. 

§  596.  No  c(iui|iaiiy  shiill  transact  any  insurance  business  in  this  state 
without  first  comjilying  with  all  the  provisions  of  the  laws  of  this  state, 
and  thereafter  procuring  from  the  insurance  commissioner  a  certificate 
of  authority,  and  continuing  to  comply  with  the  laws  of  this  state,  pro- 
vided, that  insurant-e  may  be  procured  from  or  placeil  with  coiiipanies  not 
authorized  to  transact  business  in  this  state  upon  the  terms  and  condi- 
tions hereinafter  stated. 

Every  such  certificate  of  authority  shall  expire  on  the  first  day  of 
the  Julv  after  its  issuance  unless  sooner  revoked.     No  certificate  of  au- 


311  POLITICAL    CODE.  §  596 

thority  shall  be  granterl  or  renewed  to  any  company  in  arrears  to  tlie 
state  or  to  any  eoiinty,  city  and  county,  city  or  town  in  the  state  for  fees, 
licenses,  taxes,  assessments,  fines  or  penalties  accrued  on  business  prs- 
viously  transacted  in  the  state,  nor  while  said  company  is  otherwise 
in  default  for  failure  to  comply  with  any  of  the  laws  of  this  state 
regarding;  the  governmental  control  of  such  company  by  the  state.  No 
person  shall  act  as  agent  in  any  transaction  of  any  insurance  business 
for  any  insurance  company  not  authorized  to  transact  such  business  in 
this  state.  A  surplus  line  broker  is  one  licensed  by  the  insurance  com- 
missioner to  act  as  broker  in  soliciting,  negotiating,  and  effecting  insur- 
ance under  conditions  hereinafter  stated,  to  be  procured  from  or  placed 
with  companies  not  authorized  to  transact  such  business  in  this  state. 
Within  the  meaning  of  this  law  "authorized  companies"  are  those  author- 
ized by  the  insurance  commissioner  to  transact  in  the  state  of  California 
the  kinds  of  insurance  business  that  they  are  transacting.  All  others 
are  "unauthorized  companies."  The  insurance  commissioner  may  issue  a 
license  authorizing  any  individual  to  act  as  surplus  line  broker  from  its 
date  until  the  first  of  July  following,  on  the  following  conditionsi: 

(a)  Payment  to  the  insurance  commissioner  of  a  fee  of  twenty-five 
($2o)   dollars  in  advance. 

(If)  Delivery  to  the  insurance  commissioner  of  a  bond  to  the  state 
of  California  in  the  sum  of  five  thousand  ($5,000)  dollars  with  sureties 
having  the  qualifications  mentioned  in  sections  1056  and  1057  of  the 
Code  of  Civil  Procedure,  conditioned  that  said  licensee  will  fully  and 
faithfully  comply  with  the  requirements  of  section  596  of  the  Political 
Code. 

A  surplus  line  broker,  after  having  procured  from  and  placed  with 
authorized  companies  the  total  amount  of  insurance  obtainable  on  any 
property  from  a  majority  of  all  authorized  companies,  mny  place  the 
excess  of  insurance  desire  1  over  such  amount  with  unap*^^orized  com- 
panies. No  insurance  is  tft  be  procured  from  or  placed  wim  unauthor- 
ized companies  by  anyone  except  by  a  surplus  line  broker  and  under 
such  conditions.  The  tollowing  are  the  duties  of  a  surplus  line  broker 
with  which  he  is  required  to  comply: 

1.  To  maintain  in  good  taith  an  office  in  this  state. 

2.  To  keep  in  said  office  books  of  account  correctly  showing  in  sepa- 
rate accounts  all  business  transacted  with  unauthorized  companies.  Said 
books  are  to  specify  the  dates  of  such  insurance  going  into  effect,  the 
name  of  the  insurers  and  of  the  insured,  the  gross  premiums  payable 
therefor,  the  terms,  character  of  insurance  and  locations  of  the  insured 
property.  The}'  shall  also  contain  statements  in  the  same  detail  of  all 
such  insurance  canceled,  or  on  which  premiums  have  been  increased  or 
reduced  and  the  amounts  of  additional  or  of  return  premiums  thereon. 
Such  books  are  to  be  open  at  all  times  for  the  inspection  of,  and  exam- 
ination by,  the  insurance  commissioner,  or  anyone  appointed  by  him  for 
said  purpose. 


§  596  POLITICAL   CODE.  312 

3.  Within  ono  week  after  the  surplus  line  broker  shall  hare  ohtained 
knowledge  of  the  completion  of  the  procurement  of  insurance  on  any 
property  from  an  unauthorized  company,  he  shall  file  with  the  insurance 
commissioner  a  true  report  showing  the  name  of  the  insured  and  of  the 
insurers,  the  character  of  the  insurance,  location  of  the  property,  gross 
premium  payable  therefor,  and  the  date  of  such  insurance  taking  effect 
and  the  term  thereof;  also  a  list  of  authorized  comjianies  comprising  a 
majority  thereof  from  whom  the  insurance  so  effected  was  not  obtain- 
able. As  soon  as  practicable  after  any  such  insurance  has  been  can- 
celed or  any  premium  thereon  has  been  increased  or  reduced,  such  sur- 
plus line  broker  shall  file  with  the  insurance  commissioner  a  report 
thereof  in  the  same  detail  as  above  required  in  the  case  of  the  report 
above  referred  to. 

4.  On  or  before  the  first  day  of  March  of  each  year  he  shall  file  with 
the  insurame  commissioner  a  sworn  statement  of  all  business  transacted 
under  his  license  during  the  last  preceding  calendar  year  endiiij;  De- 
cember 31st.  Such  statements  shall  contain  true  accounts  of  the  gross 
amount  of  insurance  procured  from  and  placed  with  unauthorizoil  com- 
panies during  said  calendar  year,  the  gross  premiums  charged  therefor, 
including  additional  insurance  premiums,  and  the  gross  amount  of  all 
insurance  canceled  during  said  year,  and  the  gross  return  jiremiums 
thereon.  Such  statements  shall  also  include  additional  premiums  charged 
during  said  calendar  year  on  insurance  previously  effected  and  the  gross 
return  premiums  during  said  calendar  year  on  insurance  previously 
effectod. 

o.  All  such  reports  ami  statements  shall  be  made  on  blanks  to  be 
furnished  surplus  line  brokers  by  the  insurance  commissioner  on  appli- 
cation therefor. 

G.  On  or  before  the  first  day  of  June  of  each  year  said  surplus  line 
broker  shall  pay  to  the  insurance  commissioner  for  use  of  the  state  of 
California  three  (3%)  per  cent  of  the  gross  premiums  charged,  less  three 
(39c)  per  cent  of  all  return  premiums  on  policies  canceled,  or  upon  which 
the  premiums  have  been  reduced  during  the  year  ending  December  31st 
last   preceding. 

The  insurance  commissioner  shall  revoke  the  license  of  any  surplus 
line  broker  who  %villfully  fails  or  refuses  to  perform  any  of  his  duties 
hereinabove  specified. 

If  in  the  opinion  of  the  insurance  commissioner  the  solvency  of  any 
surety  on  a  bond  hereby  required  has  become  impaired  or  doubtful,  he 
shall  notify  the  surplus  line  broker  in  writing,  and  unless  within  ten 
(10)  days  after  receipt  of  such  notice  the  solvency  of  such  surety  is 
proved  to  the  satisfaction  of  the  insurance  commissioner,  or  a  new  bond 
is  substituted  therefor,  said  insurance  commissioner  shall  revoke  the 
license  of  the  surplus  line  broker. 

The  removal  of  the  olTice  of  the  surplus  line  broker  from  this  state, 
or  the  removal  therefrom  of  his  accounts  of  his  business  as  such,  or  the 
closing  of  his   said   ofiice   for   a  period   of   more   than   twenty    (20)    con- 


I 


313  POLITICAL   CODE.  §  597 

seoutive  days,  shall  constitute  a  termination  of  the  authority  of  said 
surplus  line  broker,  and  shall  be  tantamount  to  an  exjtress  revocation  of 
his  license,  whether  or  not  the  insurance  commissioner  thereafter  re- 
vokes the  same.  No  new  license  shall  he  issued  to  any  surplus  line 
broker  whose  license  has  been  revoked  for  any  reason  other  than  the 
insutficieney  of  his  sureties,  within  the  period  of  one  year  after  such 
revocation,  and  until  all  indebtedness  of  said  sur])lus  line  broker  on 
former  business  has  been  jiaid  to  said  insurance  commissioner.  Every 
insured  for  whom  insurance  has  been  effected  with  unauthorized  com- 
panies shall  produce  for  examination  by  the  insurance  commissioner, 
whenever  requested  by  him,  in  writing,  so  to  do,  all  policies,  contracts, 
and  other  documents  evidencing  such  insurance  and  disclose  to  him  the 
true  amount  of  the  gross  premiums  paid  or  agreed  to  be  paid  therefor,  or, 
upon  refusal  so  to  do,  he  shall  forfeit  to  the  state  of  California  the  sum 
of  two  hundred  ($200)  dollars  for  each  refusal.  All  jiolicies  and  other 
contracts  of  insurance,  issued  without  full  compliance  by  all  jiarties  con- 
cerned with  the  laws  of  this  state,  shall  be  null  and  void.  [Amendment 
approved  May  1,  1911;  Stats.  19U,  p.  1269.] 
Citations.     App.  8/417. 

Examination  of  insurance  companies. 

§  597.  The  commissioner,  whenever  he  deems  necessary,  or  whenever 
he  is  requested  by  verified  petition,  signed  by  twenty-five  persons  in- 
terested, either  as  stockholders,  policy-holders,  or  creditors  of  any  com- 
pany engaged  in  insurance  business  in  this  state,  showing  that  such 
company  is  insolvent  under  the  laws  of  this  state,  must  make  an  exam- 
ination of  the  business  and  affairs  relating  to  the  insurance  business 
of  such  company,  and  must  make  such  an  examination  whenever  any 
company  is  organized  to  do  insurance  business  in  this  state,  and  before 
issuing  a  certificate  of  authority  other  than  renewals  to  such  company. 
Provided,  the  insurance  commissioner  shall  have  no  authority  to  issue 
and  no  certificate  of  authority  shall  be  issued  to  any  insurance  com- 
panj^  or  corporation  hereafter  organized  or  incorporated  in  this  state, 
whether  the  same  be  organized  and  promoted  directly  or  by  means  of 
a  holding  company  or  corporation,  one  of  the  purposes  of  which  is  the 
organization  and  promotion  of  such  insurance  company  or  corporation, 
where  such  examination  shows  the  expense  of  organization  and  promo- 
tion to  be  in  excess  of  fifteen  per  cent  of  the  total  amount  actually 
paid  on  its  capital  stock  exclusive  of  surplus. 

Whenever  any  company  not  organized  under  the  laws  of  this  state, 
applies  for  a  certificate  of  authority  to  do  business  in  this  state,  the 
insurance  commissioner  may  make  or  cause  to  be  made  by  the  insurance 
department  of  the  state  where  such  company  is  organized,  an  exam- 
ination of  the  business  and  affairs  relating  to  the  insurance  business 
of  such  company.  The  company  organized  or  existing  under  the  laws 
of   any    country    outside    of    the   United   States,   shall   be    deemed    to    be 


§  602a  POLITICAL   CODE.  314 

organized  within  the  meaning  of  this  act  in  any  state  wherein  such 
company  maintains  the  deposits  required  by  the  laws  of  this  state. 

For  the  purpose  of  making  such  examination  the  insurance  commis- 
sioner shall  have  free  access  to  all  the  books  and  papers  of  such  com- 
pany, and  must  thoroughly  inspect  and  examine  all  its  affairs,  and  as- 
certain its  condition  and  ability  to  fulfill  its  engagements,  and  that  it 
has  complied  with  all  the  provisions  of  law  applicable  to  its  insurance 
transactions. 

Every  company  examined,  under  the  provisions  of  this  section,  must 
open  its  books  and  papers  for  the  inspection  of  the  commissioner,  and 
otherwise  facilitate  such  examination;  and  the  commissioner  may  ad- 
minister oaths  and  examine  under  oath  any  person  relative  to  the  busi- 
ness of  such  comj)any;  and  if  he  finds  the  books  to  be  carelessly  or 
im]properly  kept  or  posted  he  must  employ  sworn  experts  to  rewrite,  post, 
and  balance  the  same  at  the  expense  of  such  company.  Such  examina- 
tion must  be  conducted  in  the  county  where  such  company  has  its  prin- 
cipal office,  and  must  be  private,  unless  the  commissioner  deems  it 
necessary  to  publish  the  result  of  such  investigation,  in  which  case  he 
may  publish  the  same  in  two  of  the  public  newspapers  of  this  state,  one 
of  which  must  be  published  in  the  city  of  San  Francisco.  .\11  examina- 
tions must  be  at  the  expense  of  the  company,  such  expense  to  be  paid 
in  advance,  and  if  any  such  coinjiany  refuses  to  pay  such  expenses  in  ad- 
vance the  insurance  commissioner  may  refuse  to  issue  any  such  certificate- 
of  authority  and  must  revoke  any  existing  certificate  of  authority  au- 
thorizing siich  company  to  do  business.  [Amendaent  approved  March 
10,  1911;  Stats.  1911,  p'  334.] 

Estimate  of  indebtedness  of  liability  Insurance  companies. 

§  602a.  In  estimating  the  condition  of  any  company  engaged  in  the 
business  of  liability  insurance  under  the  provisions  of  this  article  the 
insurance  cominissioner  shall  charge  as  liabilities  all  outstanding  in- 
debtedness of  such  company,  and  the  premium  reserve  of  policies  in  force, 
equal  to  the  unearned  portions  of  the  gross  premiums  charged  for  cover- 
ing risks,  computed  on  each  respective  risk  from  the  date  of  the  issu- 
ance of  the  jiolicy.  The  indebtedness  for  outstanding  losses  under 
insurance  against  loss  or  damage  resulting  from  accident  to  or  injuries 
suffered  by  an  employee  or  other  person  and  for  which  the  insured  is 
liable,  and  under  insurance  against  loss  from  liability  on  account  of  the 
death  of  or  injury  to  an  employee  not  caused  by  the  negligence  of  the 
employer,  shall  be  determined  as  follows:  Each  corporation  which  writes 
policies  covering  any  of  the  said  kinds  of  insurance  shall  include  in  the 
annual  statement  a  "schedule  of  its  experience  thereunder,  in  the  United 
States  and  foreign  countries  in  the  case  of  corporations  organized  in  the 
United  States,  and  in  the  United  States  only  in  the  case  of  corporations 
organized  outside  of  the  United  States  giving  each  calendar  year's  ex- 
perience separately,  and  crediting  or  charging  each  item  to  the  year  in 
which   the   policy   to   which    it    relates   was    written,   as   follows:    (1)    the 


315  POLITICAL  CODE.  §  602a 

earned  premiums  on  all  such  policies  written  during  the  period  of  ten 
years  immediately  preceding  the  date  as  of  which  the  statement  is  made, 
being  the  gross  premiums  on  all  such  policies  including  excess  and  addi- 
tional premiums  and  premiums  in  course  of  collection,  less  return  premi- 
ums on  canceled  policies,  and  less  the  unearned  premiums  on  policies  in 
force  as  shown  in  such  annual  statement;  (2)  the  amount  of  all  pay- 
ments of  whatsoever  nature  made  by  reason  or  on  account  of  injuries 
covered  by  such  policies  written  during  said  period.  This  amount  shall 
include  medical  and  surgical  attendance,  payments  to  claimants,  legal 
expenses,  salaries  and  expenses  of  investigators,  adjusters,  and  fieldmen, 
rents,  sationery,  telegraph  and  telephone  charges,  postage,  salaries  and 
expenses  of  office  employees,  home  office  expenses,  and  all  other  pay- 
ments made  on  account  of  such  injuries,  whether  such  payments  are 
allocated  to  specific  claims  or  are  unallocated;  (3)  the  number  of  suits 
being  defended  at  the  date  as  of  which  the  statement  is  made  under 
policies  written  during  said  period,  except  suits  in  which  liability  is  not 
dependent  upon  negligence  of  the  insured,  and  a  charge  of  seven  hun- 
dred and  fifty  dollars  for  each  suit;  (4)  the  number  of  deaths  for  which 
the  insured  are  liable  without  proof  of  negligence,  covered  by  policies 
written  during  said  period,  and  not  paid  for  at  the  date  as  of  which 
the  statement  is  made  and  a  charge  of  the  amount  necessary  to  pay 
for  such  deaths;  (5)  the  number  of  unpaid  claims  at  the  date  as  of 
which  the  statement  is  made  on  account  of  nonfatal  injuries  for  which 
the  insured  are  liable  without  proof  of  negligence,  covered  by  policies 
written  during  said  period,  and  a  charge  equal  to  the  present  value 
of  the  estimated  future  payments;  (6)  the  loss  ratio  determined  from 
the  foregoing  as  to  each  year  separately  using  as  the  devisor  the 
earned  premiums  shown  in  item  (1)  and  as  the  dividend  the  amount 
of  payments  shown  in  item  (2)  plus  the  amounts  charged  in  items 
(3),  (4)  and  (5);  (7)  the  number  of  suits  being  defended  at  the  date 
as  of  which  the  statement  is  made  under  policies  written  more  than 
ten  years  prior  to  such  date,  except  suits  in  which  liability  is  not  de- 
pendent upon  negligence  of  the  insured;  (8)  the  number  of  deaths  for 
which  the  insured  are  liable  without  proof  -of  negligence,  covered 
by  policies  written  more  than  ten  years  prior  to  the  date  as  of  which 
the  statement  is  made,  and  not  paid  for  at  such  date;  (9)  the  number 
of  unpaid  claims  at  the  date  as  of  which  the  statement  is  made  on 
account  of  nonfatal  injuries  for  which  the  insured  are  liable  without 
proof  of  negligence,  covered  by  policies  written  more  than  ten  years 
prior  to  such  date.  All  unallocated  payments  in  item  (2)  made  in 
a  given  calendar  year  subsequent  to  the  first  four  years  in  which  a 
corporation  has  been  issuing  such  policies  shall  be  distributed  as 
follows:  thirty-five  per  centum  shall  be  charged  to  the  policies  written 
in  that  year,  forty  per  centum  to  the  policies  written  in  the  preceding 
year,  ten  per  centum,  to  the  policies  written  in  the  second  year  pre- 
ceding, ten  per  centum  to  the  policies  written  in  the  third  year  pre- 
-  ceding,  and  five  per  centum  to  the  policies  written  in  the  fourth  year 


§  602a  POLITICAL   CODE.  316 

preceding,  and  sucli  payments  made  in  the  first  four  calendar  years 
in  which  a  cori)Oration  has  bt^en  issuing  such  [lolieies  shall  be  «iis- 
tributed  as  follows:  in  the  first  calendar  year  one  hundred'  per  centum 
shall  be  charged  to  the  policies  written  in  that  year,  in  the  second 
calendar  year  fifty  per  centum  shall  be  charged  to  policies  written 
in  that  year  and  fifty  per  centum  to  the  policies  written  in  the  pre- 
ceding year,  in  the  third  cakndar  year  foity  per  centum  shall  be 
charged  to  the  policies  written  in  that  year,  forty  per  centum  to  the 
policies  written  in  the  preceding  year,  and  twenty  per  centum  to  the 
policies  written  in  the  second  year  preceding,-  and  in  the  fourth 
calendar  year  thirty  five  per  centum  shall  be  charged  to  the  policies 
written  in  that  year,  forty  per  centum  to  the  poliiMCS  written  in  the 
preceding  year,  fifteen  per  centum  to  the  policies  written  in  the 
second  year  preceding,  and  ten  per  centum  to  the  policies  written  in 
the  third  year  preceding,  and  a  schedule  showing  such  distribution 
shall  be  infludcd  in  such  annual  statement.  Each  such  corporation 
shall  be  charged  with  indebtedness  for  outstanding  losses  upon  such 
policies  determined  a«  follows:  (10)  for  all  suits  being  defended  un<!or 
policies  written  more  than  ten  years  prior  to  the  date  as  of  which 
the  statement  is  made,  except  suits  in  which  liability  is  not  dependent 
upon  negligence  of  the  insured,  one  thousand  dollars  for  each  suit; 
(11)  for  all  suits  being  defended  under  policies  written  more  than 
five  years  and  less  than  ten  years  prior  to  the  date  as  of  which  the 
statement  is  made,  except  suits  in  which  liability  is  not  dependent 
upon  negligence  of  the  insure<l,  seven  hundred  and  fifty  dollars  for 
each  suit;  (12)  for  all  ileaths  for  which  the  insured  are  liable  with- 
out proof  of  negligence,  covered  by  policies  written  more  than  five 
years  prior  to  the  date  as  of  which  the  statement  is  made,  the  amount 
necessary  to  pay  for  such  deaths;  (13)  for  all  unpaid  claims  on  ac- 
count of  nonfatal  injuries  for  which  the  insured  are  liable  without 
proof  of  negligence  under  policies  written  more  than  five  years  prior 
to  the  date  as  of  which  the  statement  is  made,  the  present  value  of 
the  estimated  future  payments;  (14)  for  the  policies  written  in  the 
five  vears  immeiiiatoly  jirecediug  the  date  as  of  which  the  statement 
is  made  an  amount  determined  as  follows:  multiply  the  earned  pre- 
miums of  each  of  such  five  years  as  shown  in  item  (1)  by  the  loss  ratio 
ascertained  as  in  item  (G)  on  all  the  jiolicies  written  in  the  first  five 
years  of  the  said  ten-year  period  using  as  the  devisor  the  sura  of  the 
earned  premiums  shown  in  item  (1)  for  such  first  five  years,  and  as 
the  dividend  the  sum  of  the  payments  shown  in  item  (2)  for  such 
first  five  years  plus  the  sum  of  the  charges  in  items  (3),  (4)  and  (5) 
for  such  first  five  years,  but  the  ratio  to  be  used  shall  in  no  event 
be  less  than  fifty-two  per  centum  at  and  after  December  thirty-first, 
nineteen  hundred  and  thirteen,  nor  less  than  fifty-three  per  centum 
at  and  after  December  thirty-first,  nineteen  hundred  and  fourteen,  nor 
less  than  fifty  four  per  centum  at  and  after  December  thirty-first, 
nineteen    hundred    and    fifteen,    nor   less    than    fifty-five    per    centum    at 


317  POLITICAL    CODE.  §  607 

and  after  Decemher  thirty-first,  nineteen  hundred  and  sixteen;  pro- 
vided, furthermore,  that  in  the  ease  of  insurance  covering  liay)ility  for 
workmen's  compensation  the  ratio  to  be  used  shall  in  no  event  be  less 
than  seventy  per  centum  at  and  after  December  thirty-first,  nineteen 
hundred  and  thirteen,  nor  less  than  seventy-two  per  centum  at  and 
after  December  thirty-first,  nineteen  hundred  and  fourteen,  nor  less 
than  seventy-four  per  centum  at  and  after  December  thirty-first,  nine 
teen  hundred  and  fifteen,  nor  less  than  seventy-five  per  centum  at 
and  after  December  thirtv-tirst,  nineteen  hundred  and  sixteen,  and 
from  the  amount  so  ascertained  in  each  of  the  last  five  years  of  said 
ten-year  period  deduct  all  payments  made  under  policies  written  in 
the  corresponding  year  as  shown  in  item  (2),  and  the  remainder  in 
the  case  of  each  year  shall  be  deemed  the  indebtedness  for  that  year; 
provided,  however,  that  if  the  remainder  in  the  case  of  any  year 
of  the  first  three  years  of  the  five  years  immediately  preceding  the 
date  as  of  which  the  statement  is  made  shall  be  less  than  the  sum  of 
the  three  following  items  for  that  year  at  that  date — (a)  the  number 
of  suits,  except  suits  in  which  liability  is  not  dependent  upon  negli- 
gence of  the  insured,  being  defended  under  policies  written  in  that 
year  and  a  charge  of  seven  hundred  and  fifty  dollars  for  each  suit, 
(b)  the  amount  necessary  to  pay  for  all  deaths  for  which  the  insured 
a'e  liable  without  proof  of  negligence,  covered  by  policies  written 
in  that  year,  and  (c)  the  present  value  of  the  estimated  unpaid  claims 
on  account  of  nonfatal  injuries  for  which  the  insured  are  liable  with- 
out proof  of  Begligence,  covered  by  policies  written  in  that  year — 
then  the  sum  of  said  items  (a),  (b)  and  (c)  shall  be  the  indebtedness 
for  that  year.  A  corporation  which  has  been  issuing  such  policies  for 
a  period  of  less  than  ten  years  shall  nevertheless  include  in  its  annual 
statement,  a  schedule  as  hereinbefore  required  for  the  years  in  which 
it  shall  have  issued  such  policies,  and  shall  be  charged  with  an  in- 
debtedness determined  in  the  same  manner,  but  in  determining  the 
indebtedness  for  policies  written"  in  the  five  years  immediately  pre- 
ceding the  date  as  of  which  the  statement  is  made,  the  minimum 
ratio  hereinbefore  prescribed  shall  be  used  subject  to  the  same  de- 
ductions and  provisions  as  in  the  ease  of  corporations  that  have  been 
issuing  such  policies  far  ten  vears  or  more.  [Amendment  approved 
June  6,  1913;   Stats.   1913,  p.  493.] 

Another  §  602a    was   passed    on   the    same   day,    identical   with    this,    excepting 
for  the  omission  of  a  part  of  the  first  proviso.      [See  Stats.  1913,  p.  465.] 

Papers  to  be  filed  with  insurance  commissioner. 

§  607.     The  commissiouer  must  cause  every  company,  before  engaging 
in  the  business  of  insurance,  to  file  in  his  office  as  follows: 

1.  A   certified   copy   of  the  last   annual   statement   or  a  verified  finan- 
cial statement  exhibiting  the  condition   and  affairs  of  such  company. 

2.  If  incorporated  under  the  laws  of  this  state,  a  copy  of  the  articles 
of   incorporation    and    certificate   of   any   increase   or   diminution    of   the 


§§  608-611  POLITICAL  CODE.  318 

capital  stock,  certified  by  the  secretary  of  state  to  be  a  copy  of  that 
which   is   filed   in   his   office. 

3.  If  incorporated  under  the  laws  of  any  other  state  or  country,  a 
copy  of  the  articles  of  incorporation,  if  organized  or  formed  under  any 
law  requiring  articles  to  be  filed,  duly  certified  by  the  oflScer  having  the 
custody  of  such  articles,  or  if  not  so  organized,  a  copy  of  the  law,  char- 
ter, or  deed  of  settlement  under  which  the  deed  of  organization  is 
made,  duly  certified  by  the  proper  custodian  thereof,  or  proved  by  affi- 
davit to  be  a  copy;  also,  a  certificate  under  the  hand  and  seal  of  the 
jiropcr  officer  of  such  state  or  country  having  supervision  of  insurance 
imsincss  therein,  if  any  there  be,  that  such  corporation  or  conijiany  is 
organized  under  the  laws  of  such  state  or  country,  with  the  amount 
of  capital   stock  or  assets  required  by  this  article. 

4.  if  not  incorporated,  a  certificate  setting  forth  the  nature  and  char- 
acter of  the  business,  the  location  of  the  principal  office,  the  names  of 
the  persons  and  of  those  composing  the  company,  firm,  or  association, 
the  amount  of  actual  capital  employed  or  to  be  emjjloyed  therein,  and 
the  names  of  all  officers  and  persons  by  whom  the  business  is  or  m.TV 
be  managed.  The  certificate  must  be  verified  by  the  affidavit  of  the 
chief  ofiicer,  secretary,  agent,  or  manager  of  the  company;  and  if  there 
are  any  written  articles  of  agreement  or  company,  a  copy  thereof  must 
accompany  such  certificates;  ]iro\iclod,  however,  when  the  number  of 
persons  composing  such  company  shall  exceed  ten,  such  certificate  need 
not  state  the  names  of  any  greater  number  of  persons  than  ten,  who 
shall  be  the  largest  owners;  and  if  such  company  be  formed  out  of 
the  T^nited  States,  the  said  certificate  need  not  contain  the  names  of 
any  officers  or  managers  other  than  those  resident  within  the  United 
States,  nor  any  statement  of  capital  not  employed  within  the  United 
States,  and  the  affidavit  must  be  made  by  the  chief  executive  officer 
or   manager  in   tlie   United   States. 

5.  When,  after  such  filing,  any  change  is  made  in  respect  to  any  of 
the  particulars  set  forth  in  any  of  the  papers  so  filed  as  hereinabove 
required  by  either  subdivisions  2,  3  or  4  of  this  section,  copy  of  the 
instrument  or  record  of  the  action  making  such  change,  proved  by 
certificate  of  custodian  of  the  original  or  by  affidavit  must  be  filed  with 
the  insurance  commissioner.  [Amendment  approved  May  1,  1911;  Stats. 
1911,  p.   13.51.] 

Citations.      App.    (subd.  2)    8/419. 

§  608. 

Citations.     App.  8/416,  418,  419. 

Publication  of  statements  of  insurance  companies, 

§  611,  .Ml  insur.-MK  e  (•(tin|innies  doing  business  in  this  state  must 
niiikc  and  file  with  the  insurance  commissioner,  on  or  before  the  first 
day  of  March  of  each  year,  statements  which  must  exhibit  the  condi- 
tion and   affairs   of  every   such   company,   on   the   thirty-first   day   of   De- 


319  POLITICAL  CODE.  §§  612-635a 

cember  then  next  preceding,  a  synopsis  of  which  statements,  as  adjusted 
by  the  commissioner  upon  a  proper  examination  of  the  same,  must  be 
published  by  such  company  in  the  city  or  city  and  counFy  where  the 
principal  office  in  this  state  is  located,  said  publication  to  be  daily 
for  the  period  of  one  week  in  some  daily  newspaper  of  general  circu- 
lation or  four  consecutive  times  in  some  weekly  newspaper  of  general 
circulation.  [Amendment  approved  May  1,  1911;  Stats.  1911,.  p.  1274.] 
CiUtions.     App.  8/419. 

§  612. 

Citations.     App.  8/419. 

§  616. 

Citations.     App.   8/419,   420;    12/448. 

§  623. 

CiUtions.      App.   8/419. 

Investment  company  defined. 

§  635a.  Every  person,  corporation,  company,  association,  copartner- 
ship or  individual  in  the  state  of  California  now  engaged  in  or  that 
shall  hereafter  engage  in  the  business  of  placing  or  selling  bonds,  de- 
bentures or  certificates  of  investment  by  whatsoever  name  said  bonds, 
debentures  or  certificates  of  investment  may  be  known  or  designated, 
when  such  business  is  conducted  on  the  partial  payment  or  installment 
payment  plan,  or  in  placing  or  selling  any  species  of  bonds,  debentures 
or  certificates  of  investment,  on  the  partial  payment  or  installment 
plan,  wherein  or  whereby  the  holder  or  holders  of  said  bond,  debentures 
or  certificates  of  in^  estnient  are  or  maj"^  become  entitled  to  claim  and 
receive  from  such  person,  corporation,  company  or  association  a  return, 
either  at  a  definite  or  indefinite  time,  in  cash,  or  in  merchandise,  or 
any  property,  for  the  partial  payments  or  installments  of  money  so 
paid,  and  wherein  or  whereby  the  holder  may  be  subject  to  a  fine  or 
forfeiture  as  a  penalty  for  nonpayment  of  said  partial  payments  or  in- 
stallments, is  hereby  declared  to  be  an  investment  company  under  the 
provisions  of  this  act.  [New  section  approved  March  18,  1905;  Stats. 
1905,  p.   156.] 

This  and  the  following  eleven  sections  relating  to  investment  companies  were 
added  to  the  code  March  18,  1905,  Statutes  1905,  page  156.  Although  they  re- 
lated to  a  new  subject  matter,  these  sections  were  not  added  as  a  new  article. 
Ordinarily,  therefore,  they  would  become  a  part  of  article  XVI,  this  being  the 
only  article  to  which  they  could  be  added.  The  whole  of  article  XVI  was 
repealed  in  1907,  Statutes  1907,  page  141,  and  a  new  article  XVI  was  substi- 
tuted in  its  place.  If  these  sections  were  part  of  the  original  article  XVI,  it 
follows  that  they  were  repealed  when  the  original  article  XVI  was  repealed. 
As  it  was  believed  that  these  sections  were  a  part  of  the  original  article  XVI 
and  were  repealed  when  it  was  repealed,  they  were  omitted  from  the  cods  of 
1909.      It    appears,    however,    that    there    was    no    §    635    in    the    original    article 


§§  635b,  635c        political  code.  320 

XVI,  and  as  the  new  sections  began  with  §  635a,  the  numbering  of  the  new 
sections  was  not  consecutive  with  the  numbering  in  the  original  article  XVI. 
In  addition,  the  original  article  related  to  insurance  commissioner,  while  the 
new  sections  related  to  investment  companies.  On  this  account  it  has  been 
claimed  that  these  sections  were  not  repealed  and  they  were  incorporated  as 
being  in  force  by  C.  F.  Curry,  former  secretary  of  state,  in  his  book  containing 
the  corporation  laws  of  California.  Owing  to  the  uncertainty  regarding  these 
sections  and  the  doubt  that  has  arisen  as  to  whether  they  are  in  force  or  not, 
they  have  been  inserted  here. — Ed. 

Investment  companies  not  licensed  by  bank  or  other  commissioners. 
Deposit  with  state  treasurer  cash  or  securities. 
§  635b.  Every  corporation,  company,  association,  copartnership  or 
individual  now  engaged  in,  or  that  shall  hereafter  engage  in  business 
in  this  state  as  an  investment  company  as  hereinbefore  defined,  and 
not  licensed  by  nor  under  the  supervision  of  the  bank  commissioners, 
building  and  loan  comniissiriners  or  insurance  commissioner,  that  shall 
place  or  sell  any  bond  or  bonds,  debenture  or  debentures,  certitieate 
or  certificates  of  investment  on  the  partial  payment  plan  whereby  the 
holder  or  hosiers  of  such  bond  or  bonds,  debenture  or  debentures,  or 
certificate  or  certificates  of  investment  are  or  may  become  entitled  to 
claim  and  receive  from  such  corporation,  company  or  association,  a  re- 
turn, either  at  a  definite  or  indefinite  time,  in  cash,  or  in  merchandise, 
or  in  property,  for  the  partial  payments  or  installments  of  money  so 
paid,  and  wherein  or  whereby  the  liolder  may  be  subject  to  a  fine,  or 
penalty  of  forfeiture  for  nonpayment  of  said  partial  payments  or  in- 
stallments, is  hereby  required  to  deposit  within  sixty  days  after  the 
passage  of  this  act,  in  cases  of  corporations,  persons,  companies  or  asso- 
ciations now  existing  and  doing  business,  or  before  commencing  business 
in  cases  of  persons,  corporations,  companies  or  associations  not  now 
engaged  in  business,  for  the  security  of  the  holder  or  holders  of  the 
bonds,  debentures  or  certificates  issued  by  it,  with  the  treasurer  of  the 
state  of  California,  in  cash,  or  in  securities  to  be  approved  by  said 
treasurer,  the  sum  of  five  thousand  dollars  ($5,000),  apd  in  addition 
thereto  shall  deposit  semi-annually,  with  the  treasurer  of  the  state  of 
California,  in  cash,  or  securities  to  be  approved  by  said  officer,  in  the 
manner  aforesaid,  ten  per  cent  of  all  premiums  received  on  the  sale 
of  such  bonds,  debentures  or  certificates,  until  the  sum  so  deposited  shall 
amount  to  the  sum  of  one  hundred  thousand  dollars.  [New  section 
approved  March  18,  1905;  Stats.  1905,  p.  157. J 
See  note  to  §  635a. 

Articles  of  incorporation  to  be  filed  with  secretary  of  state.  What  to 
contain. 
§  635c.  Every  investment  company  as  herein  defined  now  doing  busi- 
ness in  the  state  of  California  shall,  within  sixty  days  after  the  ajiproval 
of  this  act.  and  every  investment  company  hereafter  organized  to  carry 
on  the  business  of  an  investment  company  as  hereinbefore  defined,  shall, 


321  POLITICAL  CODE.        §§  635d,  635e 

prior  to  engaging  in  such  business,  in  addition  to  making  such  deposit, 
file  with  the  secretary  of  state  a  duly  authenticated  copy  of  its  articles 
of  incorporation,  charter  or  other  instrument  authorizing  it  to  do  busi- 
ness and  shall  pay  to  the  secretary  of  state  the  fees  provided  by  law 
to  be  paid  such  officer  for  filing  articles  of  incorporation  within  this 
state  for  a  capital  stock  of  like  amount,  the  same  to  be  accompanied 
with  a  statement  showing — 

(a)  The  name  of  the  corporation,  company,  association,  copartnership 
or  individual; 

(b)  The  place  where  the  principal  business  of  the  company,  corpora- 
tion, association,  copartnership  or  individual  within  this  state  is  or  is  to 
be  carried  on; 

(c)  The  amount  of  capital  stock  of  the  corporation,  association  or 
company,  and   the  amount   of  paid-up   capital   stock; 

(d)  The  names  and  residences  of  the  incorporators  and  its  stock- 
holders at  the  time  when  said  statement  is  filed,  and  the  name  of  its 
officers  and  date  when  their  terms  will  expire; 

(e)  The  name  and  address  of  the  officers  or  representative  within  the 
state  upon  whom  process  can  be  served; 

(f)  A  statement  of  the  premiums  received  from  the  sale  of  bonds, 
debentures  or  certificates  of  investment  during  the  preceding  six 
months;  which  statement  shall  remain  a  public  record  in  said  office. 
[New  section  approved  March  18,  1905;  Stats.  1905,  p.  157.] 

See  note  to  §  635a. 

Duty  of  state  treasurer.     Duty  of  attorney  general. 

§  635d.  The  treasurer  of  tlie  state  of  California  shall  whenever  such 
fact  is  brought  to  his  knowledge  notify  the  attorney  general  of  the 
noncompliance  of  any  person,  company,  corporation  or  association  doing 
business  as  an  investment  company  as  hereinbefore  defined  in  the  state 
of  California  with  the  provisions  of  this  act,  and  the  attorney  general 
shall  immediately  after  receiving  such  notification  commence  an  action 
against  such  corporation,  company  or  association  in  the  name  of  the 
people  of  the  state   of  California:  • 

(a)  To  dissolve  such  corporation,  company  or  association,  if  incor- 
porated or  organized  under  the  laws  of  the  state  of  California; 

(b)  To  enjoin  and  restrain  such  person,  corporation,  company  or 
association  from  doing  business  within  the  state  of  California,  if  an 
individual  or  if  incorporated  and  organized  at  any  place  wdthout  this 
state.     [New  section  approved  March  18,  1905;  Stats.  1905,  p.  158.] 

See  note  to  §  635a. 

Withdrawal  of  deposit  upon  ceasing  to  do  business. 

§  635e.     Every    corporation,    company,    association,     copartnership     or 
individual  that   has   made   a   deposit  with   the   treasurer   of  the   state   of 
California   in    conformity   with    and    under    the    provisions    of    thig   act, 
21 


§§  635f,  635g        POLITICAL  code.  322 

may,  upon  ceasing  to  do  business  within  the  state,  maintain  an  action 
against  the  treasurer  of  the  state  of  California  to  withdraw  its  deposit. 
It  shall  be  the  duty  of  the  attorney  general  to  defend  such  action  and 
if  upon  judgment  being  rendered  therein,  it  shall  be  found  that  said 
corporation,  company  or  association  has  no  liabilities  within  the  state, 
the  treasurer  of  the  state  of  California  shall  return  to  said  corporation, 
company  or  association,  or  to  its  order,  the  cash  or  securities  deposited 
by  it  under  the  provisions  of  this  act,  but  all  expenses  of  such  suit 
shall  in  any  event  be  paid  by  such  corjioration,  company  or  association. 
[New  section  approved  March  18,  1905;  Stats.  1905,  p.  158.] 
See  note  to  }  635a. 

Right  to  substitute  securities  for  cash  deposit. 

§  635f.  Every  corporation,  company,  association,  copartnership  or 
individual  depositing  cash  or  securities  with  the  treasurer  of  the  state 
of  California,  in  conformity  with  the  provisions  of  this  act,  shall  have 
the  right  to  substitute  securities  in  equal  value  for  cash  deposited,  or 
other  securities  of  like  value  for  those  on  deposit  upon  securing  the 
approval  of  the  treasurer  of  the  state  of  California,  to  said  exchange, 
and  the  treasurer  is  hereby  authorized  to  permit  such  exchange  of  cash 
for  securities,  or  securities  for  other  securities,  or  securities  for  cash 
deposited  by  such  corporation,  company  or  association  if  in  his  judgment 
such  securities  are  equal  in  value  to  the  amount  of  cash  provided  by  law 
to  be  deposited.  Every  corporation,  company  or  association  so  making 
a  deposit  in  compliance  with  or  under  the  provisions  of  this  act  may 
collect  and  use  any  dividend,  interest  or  profits  arising  on  or  from  any 
securities  deposited  with  the  treasurer  of  the  state  of  California,  pro- 
vided such  security  is  not  thereby  depreciated  in  value.  [New  section 
added  March  18,  1905;  Stats.  1905,  p.  159.] 
See  note  to  f  635a. 

Amount  of  money  to  be  loaned  out  of  reserve  fund.  Collateral  may  be 
deposited  with  treasurer. 
§  635g.  iS'o  corporation,  company,  association,  copartnership  or  in- 
dividual doing  business  within  this  state  as  an  investment  company 
as  hereinbefore  defined  shall  hereafter  lend  to  holders  of  bonds,  de- 
bentures or  certificates  of  investment,  out  of  its  reserve  fund,  any 
amount  greater  than  the  proportionate  share  of  such  bond,  debenture 
or  certificate  of  investment  in  said  reserve,  and  whenever  such  loan 
is  made  it  shall  be  evidenced  by  the  note  of  the  borrower  and  secured 
by  a  deposit  as  collateral  security,  of  the  bond,  debenture  or  certificate 
of  investment  on  which  the  same  is  made.  Any  collateral  so  taken  may 
be  deposited  with  the  treasurer  of  the  state  of  California  as  a  part 
of  the  deposit  hereinbefore  required  and  it  may  be  computed  as  making 
so  much  of  said  required  deposit  as  the  proportionate  share  of  such 
bonds,    debentures    or    certificates    of    investment    so    deposited    as    the 


323  POLITICAL  CODE.  §§  635h-635j 

entire   reaerre    fiincl    amounts    to,    not    exceeding,    however,   the    amount 
loaned.     [New  section  approved  March  18,  1905;   Stats.  1905,  p.   159.] 
See  note  to  f  633a. 

Reserve  fund. 

§  635h.  Every  corporation,  company,  association,  copartnership  or 
individual  doing  business  within  this  state  as  an  investment  company 
as  hereinbefore  defined  shall  apportion  not  less  than  forty  per  cent  of 
every  partial  payment  or  installment  received  from  the  sale  of  any 
bond  or  bonds,  debenture  or  debentures,  certificate  or  certificates  of 
investment  as  a  reserve  fund;  said  reserve  may  be  invested  from  time 
to  time  within  the  discretion  of  the  board  of  directors  or  governing 
body  of  such  corporation,  company,  association,  copartnership  or  individ- 
ual. [New  section  approved  March  18,  1905;  Stats.  1905,  p.  160.] 
See  note  to  §  635a. 

Duty  of  attorney  general. 

§  635i.  The  attorney  general  of  the  state  of  California  shall,  at  any 
time  that  he  may  deem  proper,  or  at  any  time  upon  the  complaint  of 
any  holder  of  any  bond  or  bonds,  debenture  or  debentures,  certificate  or 
certificates  of  investment  by  whatever  name  they  may  be  known  or  des- 
ignated, make  any  examination  of  the  affairs  of  any  corporation,  com- 
pany or  association  doing  business  within  this  state  as  an  investment 
company  as  herein  defined,  and  inquire  into  the  investments  o.f  the 
reserve  fund  of  such  corporation,  company  or  association  and  if  upon 
such  examination  it  shall  be  ascertained  that  any  corporation,  company 
or  association  so  doing  business  has  not  assets  to  equal  in  value  the 
total  amount  of  reserve  as  in  the  last  section  required  with  interest 
thereon  at  three  and  a  half  per  cent  per  annum  compounded  annually 
from  the  time  of  the  sale  of  such  bonds,  debentures  or  certificates  of 
investment,  he  shall  commence  an  action  in  the  name  of  the  people  of 
the  state  of  California  to  restrain  and  enjoin  said  corporation  from 
doing  business  and  unless  said  reserve  is  made  to  equal  the  amount 
required  before  judgment  is  rendered  in  said  action,  judgment  shall  be 
rendered  restraining  and  enjoining  said  corporation,  company  or  associ- 
ation from  doing  business  within  this  state,  and  he  shall  in  his  discretion 
institute  proceedings  against  such  company,  corporation,  association, 
copartnership  or  individual  to  have  it  declared  bankrupt.  [New  section 
approved  March  18,  1905;  Stats.  1905,  p.  160.] 
See  note  to  §  635a. 

Violation  of  the  provisions  of  this  act.     Penalty. 

§  635j.  Every  otiicer,  agent  or  representative  of  any  corporation, 
company  or  association  doing  business  within  this  state  as  an  invest- 
ment company  as  hereinbefore  defined,  who  shall  place  or  sell  any  bond 
or  bonds,  debenture  or  debentures,  or  certificate,  or  certificates  of  invest- 
ment  of   any   company   that   has   not   complied   with    the   provisions    of 


§§  635k-654  political  codr  324 

this  act  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  one  hundred  dollars,  and  not 
more  than  five  hundred  dollars,  for  each  offense,  or  by  imprisonment  in 
the  county  jail  for  not  less  than  thirty  days,  nor  more  than  six  months, 
or  by  both  such  fine  and  imprisonment.  [New  section  approved  March 
18,  1905;  Stats.  1905,  p.  160.] 
See  note  to  §  635a. 

Not  to  do  business  until  deposit  is  made. 

§  635k.  No  person,  firm,  corporation,  company,  copartnership  or  in- 
dividual shall  issue,  sell  or  dispose  of  any  species  of  bond  or  bonds, 
debenture  or  debentures,  certificate  or  certificates  of  investment  on  the 
partial  payment  or  installment  plan  whereby  the  holder  or  holders  of 
such  bond  or  bonds,  debenture  or  debentures,  or  certificate  or  certificates 
of  investment  are  or  may  become  entitled  to  claim  and  receive  from 
such  person,  firm,  company,  association,  or  copartnership  a  return,  either 
at  a  definite  or  indefinite  time  in  cash,  or  in  merchandise,  or  in  prop- 
erty, for  the  payment  of  installments  so  paid,  and  wherein  or  whereby 
the  holder  may  be  subject  to  a  fine  or  penalty  or  forfeiture  for  non- 
payment of  such  partial  payments  or  installments,  without  Laving  com- 
plied with  the  provisions  of  this  act  and  first  made  the  deposit  required 
by  section  2  of  this  act.  [New  section  approved  March  18,  1905;  Stat*. 
1905,  p.   161.] 

See  note  to  §  635a. 

Application. 

§  6351.  All  provisions  of  this  act  providing  for  the  making  of  said 
deposits,  the  exchange  of  securities  and  the  penalties  for  selling  .viid 
bonds,  debentures  or  certificates  shall  apply  to  ail  persons,  corporations, 
associations,  firms  or  copartnerships  engaged  in  the  business  of  invest- 
ment comitanies  as  herein  defined.  [New  section  approved  March  IS, 
1905;  Stats.  1905.  p.  161.] 
See  note  to  i  G35a. 

Article  XVIII,  Chapter  III,  Title  I,  Part  III. 
The    old    article    XVIII    consisting    of    §§    654-685    was    repealed    and 
a  new  article  XVIII  consisting  of  §§  654-691,  was  enacted  in  its  place 
as  follows: 

Board  of  control.     Bond.     Secretary  and  clerks. 

§  654.  A  state  board  of  control  is  hereby  created  to  consist  of  three 
members  who  shall  be  appointed  by  the  governor  and  hold  office  at  his 
pleasure.  The  governor  shall  designate  the  chairman  of  such  board 
and  shall  fill  vacancies  occurring  from  any  cause  in  the  membership 
thereof.  The  members  of  such  board  shall  not  engage  in  any  private 
business  requiring  their  personal  attention  between  the  hours  of  9 
o'clock  A.  M.  and  5  o'clock  P.  M.  of  each  day,  excepting  holidays  during 


325  POLITICAL  CODE.  §§  655-659 

their  term  of  office.  Before  entering  upon  the  discharge  of  his  duties 
each  member  of  said  board  shall  execute  an  official  bond  to  the  state 
of  California  in  the  penal  sum  of  twenty-five  thousand  dollars,  condi- 
tioned on  the  faithful  discharge  of  bis  duty  according  to  law  and  shall 
take  the  oath  of  office  as  prescribed  by  this  code  for  state  officers.  The 
meuibcrs  of  such  board  shall  be  executive  officers  and  each  shall  be 
authorized  to  administer  oaths.  The  board  shall  appoint  a  secretary, 
three  clerks  and  two  stenographers.  Such  api)Oiutees  shall  be  civil  ex- 
ecutive officers.  The  board  mav  also  appoint  a  messenger.  -[New  section 
approved  April  3,  1911;  iStats.  1911,  p.  591.] 

Salaries. 

§  655.  The  members  of  the  state  board  of  control  shall  each  receive 
a  salary  of  four  thousand  dollars  per  annum,  which  shall  be  paid  at 
the  same  time  and  in  the  same  manner  as  the  salaries  of  state  oHicers 
are  p?.id.  The  secretary  shall  receive  a  salary  of  twenty-four  hundred 
dollars  per  annum,  the  clerks  a  salary  of  eighteen  hundred  dollars  per 
annum  each,  the  two  stenographers  fifteen  hundred  dollars  per  annum 
each,  and  the  messenger  nine  hundred  dollars  per  annum.  The  salaries 
of  all  such  appointees  shall  be  paid  at  the  same  time  and  in  the  same 
manner  as  the  salaries  of  state  officers.  [New  section  approved  April 
3,  1911;  Stats.  1911,  p.  591.] 

Sessions  of  board. 

§  656.  The  said  board  shall  be  in  session  during  office  hours  when- 
ever a  majority  of  the  members  thereof  are  present  at  its  offices  in  the 
state  capitol  and  may  meet  at  other  places  in  the  state  at  such  time 
as  a  maiority  of  the  board  mav  determine.  [New  section  approved 
April  3,  1911;  Stats.  1911,  p.  59l!] 

Record  of  proceedings. 

§  657.  The  board  must  keep  a  record  of  all  its  proceedings  and  any 
member  may  cause  his  dissent  to  the  action  of  the  majority  upon  any 
matter  to  be  entered  upon  such  record.  [New  section  approved  April 
3,  1911;  Stats.  1911,  p.  591.] 

Vice-chairman.     Rules. 

§  658.  The  board  or  a  majority  thereof,  may  elect  one  of  its  mem- 
bers vice-chairman,  and  such  officer  stall  have  and  exercise  all  thfe  au- 
thority of  the  chairman  in  the  absence  of  the  latter.  The  board  may 
also  establish  rules  and  regulations  not  inconsistent  with  law  for  its 
government.  'All  such  rules  and  regulations  must  be  recorded  in  the 
minutes  of  the  board.  [New  section  approved  April  3,  1911;  Stats.  1911, 
p.  591.] 

Chairman  may  issue  subpoenas.    Depositions. 

§  659.  The  chairman  may  issue  subpoenas  and  compel  the  attendance 
of  witnesses  before  the  board  or  any  member  thereof,  in  the  same  man- 


§§  660-663  POLITICAL  CODE.  326 

ner  that  any  court  in  this  state  may;  and  whenever  the  testimony  of 
any  witness  upon  any  matter  pending  before  it  is  material,  the 
chairman  must  cause  the  attendance  of  the  witness  before  such  board,  or 
a  member  thereof,  to  testify  concerning  such  matter,  and  the  board  may 
make  a  reasonable  allowance  therefor  not  exceeding  the  fees  of  wit- 
nesses in  civil  cases,  which  must  be  paid  out  of  the  appropriation  for 
the  contingent  expenses  of  the  board,  but  in  no  instance  can  an  allow- 
ance be  made  in  favor  of  a  witness  who  appears  in  behalf  of  a  claimant. 
Each  member  of  the  board  may  take  depositions  to  be  used  before  it. 
[New  section  approved  April  3,  1911;  Stats.  1911,  p.  591.] 

Examining  books  of  state  institutions. 

§  660.  It  shall  be  the  duty  of  one  or  more  members  of  the  board 
as  niay  be  designated  by  the  board,  or  as  requested  by  the  governor, 
to  examine  and  expert,  or  cause  to  be  examined  and  expertcd,  the  books 
of  the  different  state  prisons,  reformatories,  state  hospitals  and  other 
institutions,  commissions,  bureaus  and  olTicers  of  the  state,  at  least  once 
in  each  year,  and  as  often  as  may  be  deemed  necessary.  The  oflScers 
of  said  prisons,  reformatories,  hospitals  and  other  institutions,  boards, 
commissions  and  bureaus  and  the  several  officers  of  the  state,  must 
permit  such  examination  and  experting  and  must  upon  demand  produce 
without  unnecessary  delay  all  books,  contracts  and  papers  in  their  re- 
spective oflices,  and  must  furnish  ujion  demand  the  information  touching 
books,  papers  and  contracts  and  other  matters  pertaining  to  their  re- 
spective offices.  [New  section  approved  April  3,  1911;  Stats.  1911, 
p.  592.] 

Visiting  state  institutions. 

§  661.  It  sliall  be  the  duty  of  one  or  more  members  of  the  board 
as  may  ho  designated  by  such  board  or  as  may  be  requested  by  the 
governor  to  vi.sit  from  time  to  time  every  public  institution  maintained 
in  whole,  or  in  part,  by  state  appropriations  to  ascertain  the  conditions 
of  tlie  same,  and  their  wants  and  requirements,  and  also  to  visit  public 
buildings  in  course  of  construction  to  ascertain  if  all  the  provisions  of 
law  in  relation  to  such  construction  and  of  the  contracts  therefor  are 
being  faithfully  executed.  [New  section  approved  April  3,  1911;  Stats. 
1911,   p.   592.] 

Reports  of  examinations.     Claims  against  state. 

§  662.  The  board  upon  completion  of  such  examination  must  make 
a  rejiort  in  duplicate  thereon  and  file  one  with  the  governor,  and  one  in 
the  office  of  such  board.  [New  section  approved  April  3*  1911;  Stats. 
1911,  p.  592.] 

Claims  against  state. 

§  663.  Ia  cry  claim  against  the  state  for  which  an  appropriation  has 
been  ni;ide  or  for  which  a  state  fund  is  available,  must  be  presented  to 
the  board  for  its  scrutiny  before  being  paid.     The  board  may  for  cause 


327  POLITICAL  CODE.  §§  664-668 

pootpone  action  upon  a  claim  for  not  exceeding  one  month.     [New  sec- 
tion approved   April   3,  1911;   Stats.   1911,  p.   592.] 

Personal  claim  against  state.     Majority  to  allow  claim. 

§  664.  Any  person  having  a  claim  against  the  state  for  which  an 
appropriation  has  been  made,  may  present  the  same  to  the  board  in  the 
form  of  an  account  or  petition  and  the  secretary  of  the  board  must 
date,  number  and  tile  such  claim.  The  board  must  allow  or  reject  the 
same  within  thirty  days. 

The  concurrence  of  two  members  of  the  board  shall  be  required  to 
approve  and  allow  any  claim  against  the  state  in  whole  or  in  part. 
[New  section  approved  April  3,  1911;  Stats.  1911,  p.  592.] 

Appoved  claims  to  controller. 

§  665.  If  the  board  approve  such  claim  the  members  approving  the 
same  must  over  their  signatures  indorse  thereon  the  following:  "Ap- 
proved for  the  sum  of  dollars,"  and  the  secretary  shall  immedi- 
ately transmit  the  same  to  the  office  of  the  state  controller  for  his  action 
thereon  and  if  such  action  is  favorable,  he  shall  draw  his  warrant  for 
the  amount  so  approved  in  favor  of  the  claimant  or  his  assigns;  pro- 
vided, that  the  controller  if  he  objects  thereto  for  any  reason  may  re- 
turn the  same  to  the  secretary  of  said  board  and  said  claim  shall  not 
again  be  presented  to  the  controller  except  with  the  unanimous  approval 
of  the  board.     [New  section  approved  April  3,  1911;  Stats.  1911,  p.  592.] 

Disapproved  claims. 

§  666.  If  the  board,  or  a  majority  thereof,  disapprove  any  claim,  the 
same  shall  be  filed  with  the  records  of  the  board  with  a  statement  show- 
ing such  disapproval  and  the  reasons  therefor.  [New  section  approved 
April  3,  1911;  Stats.  1911,  p.  593.] 

Claims  for  which  no  appropriation  was  made. 

§  667.  If  no  appropriation  has  been  made,  or  if  no  fund  is  available 
for  the  payment  of  any  claim  against  the  state,  the  settlement  of  which 
is  provided  by  law,  or  if  an  appropriation  or  fund  has  been  exhausted, 
such  claim  must  be  presented  to  the  board  which  shall  audit  the  same  and 
if  approved  by  at  least  a  majority  vote  thereof  it  shall,  with  the  sanc- 
tion of  the  governor,  be  transmitted  to  the  legislature  with  a  brief  state- 
m.ent  of  the  reasons  for  such  approval.  [New  section  approved  April  3, 
1911;   Stats.  1911,  p.  593.] 

Rules  for  audit  claims. 

§  668.  The  board  shall  cause  to  be  printed  for  distribution  among  all 
state  officers  and  for  the  use  of  anyone  desiring  to  present  a  claim 
against  the  state,  a  set  of  rules  governing  the  presentation  and  audit  of 
demands  against  the  state  funds  and  appropriations.  [New  section  ap- 
proved April  3,  1911;  Stats.  1911,  p.  593.] 


§§  669-672  POLITICAL  code.  328 

Claims  to  "be  presented  at  least  four  months  before  legislature  meets. 

.    Eeconimendation  to  legislature. 

§  669.  Any  person  having  a  claim  against  the  state,  the  settlement 
of  which  is  not  otherwise  provided  for  bj-  law.  must  present  the  same  to 
the  board  at  least  four  months  before  the  meeting  of  the  legislature,  ac- 
companied by  a  statement  showing  the  facts  constituting  the  claim. 
verified  in  the  same  manner  as  complaints  in  civil  actions.  Before 
finally  passing  upon  any  such  claim,  notice  of  the  time  aftd  place  of 
hearing  must  be  mailed  to  the  claimant  at  least  fifteen  days  prior  to  the 
date  set  for  final  action.  At  the  time  designated  the  boaril  mnst  pro- 
ceed to  examine  and  adjust  such  claims.  It  may  hear  evidence  in  sup- 
]iort  of  or  against  them  and,  with  the  sanction  of  the  governor,  report 
to  the  legislature  such  facts  and  recommendations  concerning  tliom  as 
may  be  proper.  In  making  such  recommendations  the  board  may  state 
and  use  any  official  or  personal  knowledge  which  any  member  thereof 
mav  have  touching  such  claims.  [New  section  approved  April  3,  1911; 
Stats.  1911,  p.  593.] 

Report  to  legislature  and  controller. 

§  670.  Tlie  hoiird  must  make  \\\\  its  report  and  recommend-itions  con- 
cerning such  matters  as  the  law  requires  of  it  at  least  thirty  days  be- 
fore the  meeting  of  the  legislature.  The  board  must  give  to  the  state 
controller  for  his  use  at  such  time  as  he  shall  demand  a  statement 
showing  all  its  recommendations  for  appropriations  by  the  legislature. 
I  New  section  approved  April  3,  1911;   St;its.   r.tll.  p.  .'9.'?.] 

Rehearing  on  claim  once  rejected.     Appeal  to  legislature. 

§  671.  The  board  must  not  entertain,  for  the  second  time,  a  demand 
against  the  state  once  rejected  by  it  or  by  the  legislature  unless  sui'h 
facts  are  presented  to  the  board  as  in  suits  between  individuals  would 
furnish  sufficient  ground  for  granting  a  new  trial.  .\ny  person  inter- 
ested, who  is  agj;;rieved  by  the  disapproval  of  a  claim  by  the  board,  may 
appeal  from  the  decision  to  the  legislature  of  the  state,  by  filing  with  the 
board  a  notice  thereof,  and  upon  the  receipt  of  such  notice  the  board 
must  transmit  tlie  demand  and  all  the  papers  accompanying  the  same, 
with  a  statement  of  the  evidence  taken  before  it,  to  tho  legislature. 
[New  section  approved  April  3,  1911;  Stats.  1911,  p.  593.] 

Controller  may  draw  warrant  only  after  approval  by  board. 

§  672.  T)ie  controller  must  not  draw  his  warrant  for  any  claim  un- 
less it  h.ns  been  approved  by  the  state  board  of  control  and  when  here- 
after, the  controller  is  directed  to  draw  his  warrant  for  any  purpose,  this 
direction  must  be  construed  as  subject  to  the  provisions  of  this  section, 
unless  the  direction  is  accompanied  by  a  special  provision  exempting  it 
from  the  operation  of  this  section.  [New  section  approved  April  3,  1911; 
Stats.   1911,  p.   594.] 

Citations   (former  section).      Cal.   156/500;    (subd.  17/    156/504. 


329  POLITICAL  CODE.  §§  673-G7G 

Board  may  notify  treasurer  not  to  pay  warrant. 

§  673.  Wbonever  tlio  board  has  reason  to  believe  that  the  controller 
has  drawn  or  is  about  to  draw  his  warrant  without  authority  of  law,  or 
for  a  larger  amount  than  the  state  actually  owes,  the  board  must  notify 
the  treasurer  of  state  not  to  pay  the  warrant  so  drawn  or  to  be  drawn; 
and  thereujion  the  treasurer  is  prohibited  from  paying  the  warrant, 
whether  already  drawn  or  not,  until  he  is  otherwise  directed  by  the 
legislature.     [New  section  approved  April  3,  1911;  Stats.  1911,  p.  594.] 

Legislative  contingent  funds  exempt. 

§  67-i.  Claims  upon  the  contingent  fund  of  either  house  of  the  legis- 
lature and  for  official  salaries,  are  exempted  from  the  operation  of  the 
provisions  of  this  article.  [New  section  approved  April  3,  1911;  Stats. 
1911,  p.   594.] 

Monthly  coimt  of  money  in  treasury.    Publication  of  count. 

§  675.  The  money  in  the  state  treasury  must  be  counted  by  the  state 
board  of  control  at  least  once  every  month,  without  giving  the  treasurer 
any  ^jrevious  notice  of  the  day  or  hour  of  counting;  the  board  may  at 
any  counting  place  any  sum  in  bags  or  boxes  and  mark  and  seal  the 
same  with  a  seal  to  be  adopted  and  kept  by  it,  and  may,  at  any  subse- 
quent counting  count  each  bag  or  box  separately  and  credit  at  the  value 
stamped  thereon  the  contents  of  such  bags  or  boxes  as  part  of  the  money 
counted  without  making  a  detailed  count  of  such  contents.  They  shall 
count  as  cash  all  evidence  of  money  belonging  to  the  state  upon  deposit 
outside  the  state  treasury  that  may  be  held  by  the  treasurer  in  accord- 
ance with  law  and  shall  determine  foB  themselves  whether  such  evidence 
is  sufficient   according  to   law. 

After  each  count  of  money  they  must  make  and  file  with  the  secre- 
tary of  state  and  cause  to  be  published  in  some  newspaper  in  the  city 
of  Sacramento,  an   affidavit   showing: 

1.  The  amount  of  money  or  credit  that  ought  to  be  in  the  state 
treasury. 

2.  The  amount  and  kind  of  monej'  or  credit  actually  therein.  [New 
section   approved  April   3,   1911;   Stats.   1911,  p.  594.] 

Investment  of  school  funds. 

§  676.  Whenever  and  as  often  as  there  is  in  the  state  treasury  the 
sum  of  ten  thousand  dollars  as  the  proceeds  of  the  sale  of  state  school 
lands,  the  board  must  invest  the  same  in  the  bonds  of  this  state,  or 
in  the  bonds  of  the  United  States,  or  in  the  bonds  of  any  county,  perma- 
nent road  district,  city  and  county,  city,  town,  school  district,  or  irriga- 
tion district  within  this  state;  the  investment  to  be  made  in  such  manner 
and  on  such  terms  as  the  board  shall  deem  best  for  the  fund.  All  such 
bonds  purchased  by  the  board  under  the  provisions  of  this  section  must 
be  delivered  to  the  state  treasurer,  who  shall  keep  them  as  a  special 
school  fund  deposit,   and   the   interest   upon  such  bonds  when   collected. 


§§  677-679  POLITICAL  code.  330 

shall  be  placed  by  him  to  the  credit  of  the  state  school  fund.     [Amend- 
ment   approved    April    29,    1913;    Stats.    1913,    p.    107.] 
Also  amended  April  3,  1911    (Stats.  1911,  p.  594). 

Money  in  estates  of  deceased  persons'  fund  to  be  invested  in  bonds. 
Bonds  delivered  to  treasurer. 

§  677.  Whenever  and  as  often  as  there  is  in  the  state  treasury  to  the 
credit  of  the  estates  of  deceased  persons'  fund  (in  excess  of  the  reten- 
tion hereinafter  provided  for)  the  sum  of  ten  thousand  dollars  or  more, 
the  Vjoard  must  invest  the  same  in  the  bonds  of  this  state,  or  in  the 
bonds  of  the  United  States,  or  in  the  bonds  of  the  several  counties,  city 
and  county,  permanent  road  districts,  cities  and  towns,  or  school  di8« 
tricts  of  this  state;  the  investments  to  be  made  in  such  manner  and  on 
such  terms  as  the  board  shall  deem  best  for  the  fund.  No  investment 
shall  be  made  which  with  the  amounts  previously  invested  shall  reduce 
the  uninvested  portion  of  the  fund  below  the  amount  of  ten  thousand 
dollars,  and  whenever  a  demand  presented  against  said  fund  will  reduce 
the  amount  of  cash  therein  below  the  specific  amount  of  ten  thousand 
dollars,  it  shall  he  the  duty  of  the  board  to  sell  such  bonds  belonging 
to  said  fund  as  they  may  deem  proper,  for  the  purpose  of  making  good 
the   cash   retention   of   ten   thousand   dollars. 

Bonds  purchaspd  by  the  board  under  the  provisions  of  this  section 
must  be  delivered  to  the  state  treasurer,  who  shall  keep  them  as  a  por- 
tion of  said  estates  of  deceased  persons'  fund,  and  the  interest  upon 
such  bonds  shall  be  paid  into  the  state  school  fund  and  apportioned  like 
other  moneys  employed  for  the  support  of  common  schools.  [New  sec- 
tion  approved    April   3,    1911;    Stats.    1911,   p.    595.] 

City,  county  and  district  authorities  to  notify  board  and  treasurer  of 
bonds  for  sale. 
§  678.  \VliiMu\cr  under  the  provisions  of  law  the  board  of  super- 
visors, trustees,  common  council,  or  other  governing  boards  or  bodies  of 
any  county,  citj'  or  county,  city  or  town,  or  school  district  of  this  state 
shall  advertise  the  sale  of  bonds  voted  for  any  purpose,  the  clerk  of 
such  board,  trustees,  common  council,  or  other  governing  board  or  body 
shall  forthwith,  by  mail,  postage  prepaid,  notify  the  state  board  of  con- 
trol and  state  treasurer,  at  the  capitol,  of  such  issuance  and  sale  of 
bonds,  and  shall  specify  the  purposes  for  which  such  bonds  were  voted, 
the  amount  of  the  total  issue  for  each  purpose,  the  denomination  of  each 
bond  showing  date  of  issuance  and  date  of  maturity,  the  rate  of  interest 
showing  when  and  where  payable,  the  assessed  value  of  the  property 
upon  which  such  bonds  are  a  lien  and  the  total  amount  of  other  bonded 
indebtedness  which  is  a  lien  upon  said  property.  [New  section  approved 
April   3,    1911;   Stats.    1911,   p.   595.] 

Board  may  purchase  bonds  to  be  sold  by  treasurer. 

§  679.  At  any  sale  of  bmuls  by  the  state  treasurer  the  board  may 
become    bidders   and    purchase   bonds   with   the    funds   at   their   disposal, 


331  POLITICAL  CODE.  §§  680-682 

and  the  appropriate  transfer  of  funds  must  be  made  by  the  controller 
and  treasurer  on  the  books  of  their  offices.  No  purchase  of  bonds  shall 
be  completed  by  the  board  until  the  attorney  general  shall  have  approved 
the  validity  of  the  issue.  [New  section  approved  April  3,  1911;  Stats. 
1911,  p.   595.] 

Creation  of  deficiencies. 

§  680.  The  board,  with  the  consent  of  the  governor,  shall  have  power 
to  authorize  the  creation  of  deficiencies  in  any  appropriations  of  money 
made  by  law  in  cases  of  actual  necessity  and  shall  authorize  the  pay- 
ment of  deficiencies  out  of  any  money  which  may  be  appropriated  for 
such  purpose.  No  deficiency  shall  be  authorized  except  upon  the  writ- 
ten authority,  first  obtained,  of  a  majority  of  the  members  of  the  board 
and  of  the  governor.  Any  indebtedness  attempted  to  be  created  against 
the  state  in  violation  of  these  provisions  shall  be  null  and  void,  and  shall 
not  be  allowed  by  the  board  of  control  or  the  controller.  [New  section 
approved  April  3,  1911;  Stats.  1911,  p.  595.] 

There  was  another  §  680  passed  at  the  same  session  of  the  legislature, 
as  follows: 

Investment  of  school  funds. 

§  680.  Whenever  and  as  often  as  there  is  in  the  state  treasury  the 
sum  of  ten  thousand  dollars  as  the  proceeds  of  the  sale  of  state  school 
lands,  the  board  must  invest  the  same  in  bonds  of  this  state  or  bonds 
of  the  United  States,  or  bonds  of  any  county,  city  and  county,  city, 
town,  permanent  road  division  bonds  issued  under  the  provisions  of  part 
3,  title  6,  article  9  of  this  code,  school  district  or  irrigation  district, 
of  this  state;  the  investments  to  be  made  in  such  manner  and  on  such 
terms  as  the  board  shall  deem  best  for  the  fund;  provided,  that  no  bonds 
of  any  count}',  citv  and  county,  city  or  town,  school  district,  or  irriga- 
tion district,  shall  be  purchased  of  which  the  debt,  debts,  or  liabilities 
at  the  time  exceed  fifteen  per  cent  of  the  assessed  value  of  the  taxable 
property  of  such  county,  city  and  county,  city  or  town,  school  district, 
or  irrigation  district.  [Amendment  approved  March  13,  1911;  Stats. 
1911,   p.   345.] 

There  was  another  §  680  adopted  at  the  same  session  of  the   legislature.      See 

preceding  section. 

Sale  of  property  belonging  to  state. 

§  681.  The  board  shall  have  power  to  authorize  the  sale  or  exchange 
of  any  property,  except  real  estate,  which  belongs  to  the  state  and 
which,  in  their  judgment,  it  shall  be  for  the  best  interests  of  the  state 
to  sell  or  exchange.  [New  section  approved  April  3,  1911;  Stats.  1911, 
p.  596.] 

Board-to  supervise  financial  policies  of  state. 

§  682.  The  board  shall  have  general  powers  of  supervision  over  all 
matters  concerning  the  financial  and  business  policies  of  the  state,  and 


§§  683-685  POLITICAL  code.  332 

shall,  whenever  they  deem  it  necessary  or  at  the  instance  of  the  gov- 
ernor, institute  or  cause  the  institution  of  such  investigations  and  pro- 
ceedings as  they  may  deem  proper  to  conserve  the  rights  and  interests 
of  the  state.      [Xew  section  approved  April  3,  1911;  Stats.  1911,  p.  596. j 

Contracts  for  supplies  to  be  submitted  to  board.  Permission  to  purchase 
supplies  in  open  market. 

§  683.  A]]  contrafts  entered  into  by  any  state  officer,  board,  commis- 
sion, department,  or  bureau,  for  the  purchase  of  supplies  and  materials, 
or  either,  shall  before  the  same  becomes  effective  be  transmitted  with  all 
papers,  estimates  and  recommendations  concerning  the  same  to  the  state 
board  of  control  for  consideration.  If  a  majority  of  such  board  approve 
the  same,  it  shall,  from  the  date  of  such  approval,  be  in  force  and  effect. 

No  state  officer,  board,  commission,  department,  or  bureau,  shall  pur- 
chase supplies  and  materials,  or  either,  in  open  market,  unless  permission 
has  been  given,  upon  a  presentation  of  the  necessity  therefor,  by  the 
state  board  of  control;  provided,  that  to  meet  an  emergency,  supplies 
and  materials  of  a  perishable  nature,  in  an  amount  not  exceeding  one 
hundred  d(dl;irs  in  value,  may  lie  purcha.sed  by  such  state  officer,  board, 
commission,  department,  or  bureau  without  the  permission  of  the  said 
board  of  control.  [New  section  approved  April  3,  1911;  Stats.  1911, 
p.  596.] 

Board  of  examiners  shall  mean  board  of  control. 

§  684.  Whenever  by  the  provisions  of  this  code  or  any  statute  or  law 
now  in  force  or  that  may  hereafter  be  enacted  a  duty  is  imposed  or 
authority  conferred  upon  the  "state  board  of  examiners"  or  the  "board 
of  examiners"  and  the  members  tliereof  such  duty  and  authority  are 
nereb\'-  imposed  and  conferred  upon  the  state  board  of  control  and  the 
members  tliereof,  the  same  as  though  the  title  of  the  state  board  of  con- 
trol had  been  specifically  set  forth  and  named  therein.  For  the  pur- 
poses of  this  chapter  the  terms  "state  board  of  examiners,"  and  "board 
of  examiners,"  respectively,  shall  be  construed  to  mean  and  refer  to  the 
"state  board  of  control,"  and  wherever  in  this  code  or  in  any  statute  or 
law  the  term  "member  of  the  state  board  of  examiners"  or  "member 
of  the  board  of  examiners"  is  used  it  shall  be  construed  to  mean  and 
refer  to  a  "member  of  the  state  board  of  control."  [New  section  ap- 
proved April  3,  1911;  Stats.  1011,  p.  ."Oli.] 

Reports  of  supplies  purchased  to  be  made  to  board. 

§  685.  Every  state  office,  board,  commission  or  department  to  whom 
is  given  by  law  the  authority  to  make  purchases  of  material  or  supplies, 
must,  upon  the  request  of  the  board  of  control,  designate  some  certain 
officer  or  employee  in  such  office,  board,  commission  or  department  whose 
duty  it  shall  be  to  make  such  reports  at  such  times  and  in  such  man- 
ner to  the  board  of  control  as  said  board  shall  from  time  to  time  fequire. 
[New  section  approved  April  3,  1911;  Stats.  1911,  p.  596.] 


333  POLITICAL  CODE.  §§686-088 

Department   of   public    accounting.     Superintendent,    etc. 

§  686.  There  is  hereby  es;tablishetl  in  connec-tion  with  and  under  the 
supervision  of  the  state  board  of  control  a  department  of  public  account- 
inpf.  The  board  shall  appoint  a  superintendent  of  accounts  at  an  annual 
salary  of  three  thousand  dollars,  and  two  assistants  at  an  annual 
salary  of  twenty-seven  hundred  dollars  each.  Such  appointees  shall  be 
skillful  accountants  and  well  versed  in  public  accounting.  They  shall 
(each)  execute  a  bond  to  the  state  in  the  sum  of  ten  thousand  dollars. 
They  shall  be  civil  executive  officers  and  their  salaries  shall  be  paid  in 
the  same  manner  and  at  the  same  time  as  the  salaries  of  state  officers 
are  paid.  The  board  may  also  appoint  such  additional  accountants  as 
may  be  necessary  to  carry  on  the  work  of  the  department  at  salaries  not 
to  exceed  for  any  one  of  such  appointees  the  sum  of  twenty-four  hun- 
dred dollars  per  annum.  Such  salaries,  upon  authority  of  the  board, 
shall  be  paid  out  of  money  appropriated  for  the  use  of  the  department 
at  the  same  time  and  in  the  same  manner  as  the  salaries  of  state  officers 
are  paid.  Such  accountants  shall  be  chosen  from  persons  who  have 
successfully  taken  an  open  competitive  examination  given  along  prac- 
tical lines  showing  their  fitness  for  the  work  required.  They  shall  each 
execute  to  the  state  a  bond  in  the  sum  of  five  thousand  dollars.  All  of 
the  appointees  in  this  section  are  empowered  to  administer  oaths  in  the 
furtherance  of  their  official  duties.  [New  section  approved  April  3, 
1911;    Stats.   1911,   p.   597.] 

Uniform  system  of  accounting  for  state  officer. 

§  687.  The  board  of  control,  through  the  department  of  public  ac- 
counting shall  devise,  install  and  supervise  a  uniform  system  of 
accounting  and  reporting  for  any  and  all  officers  or  persons  in  this  state 
permitted  or  charged  by  law  with  the  keeping  of  public  accounts  and  rec- 
ords, and  the  custody,  control  and  handling  of  public  money  or  its 
equivalent,  to  the  end  that  there  shall  be  obtained  similar  and  compar- 
able data  for  every  public  office  and  every  public  account  of  the  same 
class,  and  that  there  shall  be  a  general,  systematic  and  uniform  check 
upon  the  receipt  and  disbursement  of  all  public  revenue.  [New  section 
approved   April   3,   1911;   Stats.  1911,  p.   597.] 

Financial  and  statistical  reports. 

§  688.  With  the  sanction  of  the  state  board  of  control,  the  department 
of  public  accounting  may  require  from  all  such  officers  or  persons  men- 
tioned in  the  foregoing  section  financial  and  statistical  reports,  duly  veri- 
fied, covering  the  period  of  each  fiscal  year,  which  report  shall  be  made 
out  upon  blank  forms  prescribed  and  adopted  and  furnished  by  the 
department  of  public  accounting,  and  mailed  to  such  officers  or  persons 
not  less  than  sixty  days  before  the  time  such  reports  are  required  to  be 
filed  with  such  department.  When  necessary,  the  department  may  re- 
quire special  reports  from  any  such  officers  or  persons,  which  must  be 
filed  with  the  department  without  delay.  [New  section  approved  April 
3,    1911;    Stats.    1911,    p.    597.] 


§§  689-716  POLITICAL   CODE.  334 

Department  may  examine  books,  etc.,   of  public  offices. 

§  689.  The  department  of  j>ublic  accounting  is  given  full  power  to 
examine,  through  any  of  its  officers  or  appointees,  all  accounts  and  all 
financial  affairs  of  every  officer  or  person  mentioned  in  section  687  of 
this  code,  and  shall  have  the  right  to  enter  into  any  public  office  or 
institution  in  this  state  and  examine  any  books,  papers  or  documents 
contained  therein  or  belonging  thereto  for  the  purpose  of  making  such 
examination,  and  shall  have  access,  in  the  presence  of  the  custodian 
thereof,  or  his  deputy,  to  the  cash  drawers  and  cash  in  the  custody  of 
such  officer  or  person  and  shall  also  have  the  right,  during  business  hours 
to  examine  the  public  accounts  in  any  depository  which  has  public  funds 
in  its  custody.  [New  section  approved  April  3,  l&ll;  Stats.  1911, 
p.  597.] 

Neglect  to  file  reports,  etc. 

§  690.  Any  officer  or  person  who  shall  fail  or  neglect  to  make,  verify 
and  file  with  the  department  of  public  accounting  any  such  report  as  is 
required  by  this  article,  or  who  shall  fail  or  neglect  to  follow  the  direc- 
tions of  the  department  of  public  accounting  in  keeping  the  accounts 
of  his  office,  or  who  shall  refuse  to  permit  the  examination  or  access  to 
the  books,  accounts,  papers,  documents  or  cash  drawer  or  cash  of  his 
office  to  a  representative  of  said  department,  or  who  shall  in  any  way 
interfere  with  such  examination,  shall  be  guilty  of  a  misdemeanor  and 
upon  conviction  sliall  be  fined  not  less  than  one  hundred  dollars  nor 
more  than  one  thousand  dollars  or  shall  be  imprisoned  in  the  county  jail 
not  less  than  thirty  days,  or  both.  [New  section  approved  April  3, 
1911;    Stats.   1911,   p.  597.] 

Biennial  report. 

§  691.  The  board  must  biennially  report  to  the  legislature  a  history 
of  its  transactions  and  investigations.  [New  section  approved  April  3, 
1911;    Stats.    1911,    p.    597.] 

Powers  and  duties  of  port  wardens. 

§  699.  The  powers  and  duties  of  port  wardens  are  prescribed  in  title 
6  of  part  3  of  this  code,  and  such  port  wardens  shall  have  such  further 
powers  and  perform  such  other  duties  as  may  be  otherwise  prescribed 
by   law.     [Amendment   approved  June   6,   1913;   Stats.   1913,   p.   413.] 

Article   XX,   Chapter   III.   Title   I.   Part  III. 
SUPERINTENDENT   OF   CAPITOL   BUILDING   AND   GROUNDS. 
New  article  added  April  1,  1911,  Statutes  of  1911,  page  571,  and  con- 
sisting sf  §§   716-719,  as  follows: 

Superintendent   of   capitol   building   and   grounds.     Duties. 

§  716.  Tlie  governor  shall  appoint  a  person  to  be  designated  super- 
intendent of  capitol  building  and  grounds  to  hold  office  at  the  pleasure 
of  the  governor.     He  shall  be  a  civil  executive  officer  and  shall  receive 


335  POLITICAL  CODE.  §§717,718 

an  annual  salary  of  three  thousand  dollars  to  be  paid  at  the  same  time 
and  in  the  same  manner  as  the  salaries  of  other  state  officers.  He  shall 
execute  a  bond   to  the  state  in  the  sum  of  ten   thousand  dollars. 

He  shall  have  charge  of  the  improvement  and  maintenance  of  the  cap- 
itol  grounds  and  of  the  state's  property  thereon,  and  shall  have  the  cus- 
tody of  the  Capitol  building  and  of  the  state's  property  therein,  and 
shall  be  responsible  for  the  proper  care,  safety  and  repair  of  the  same. 
Subject  to  the  supervision  of  the  state  board  of  examiners,  he  shall  have 
charge  of  the  purchase  and  distribution  of  all  supplies  for  the  capitol 
building  and  grounds  and  the  offices  therein.  [New  section  approved 
April   1,   1911;   Stats.   1911,  p.  572.] 

Rules.     Misdemeanor. 

§  717.  He  shall  have  power,  with  the  sanction  of  the  state  board  of 
examiners,  to  establish  rules  and  regulations  not  inconsistent  with  law 
for  the  government  of  the  capitol  building  and  grounds.  He  must  pre- 
serve the  peace  thereon  and  arrest  or  cause  the  arrest  of  and  appear- 
ance before  the  nearest  magistrate  for  examination  of  all  persons  who 
attempt  to  break  or  who  have  broken  such  rules  and  regulations,  or  who 
attempt  to  commit   or  who  have   committed  thereon,   a  public   offense. 

Any  person  who  breaks  the  rules  and  regulations  established  for  the 
government  of  the  capitol  building  and  grounds  is  guilty  of  a  misde- 
meanor.     [New   section    added   April    1,    1911;    Stats.    1911,   p.   572.] 

Appointees  of  the  superintendent  of  capitol  building  and  grounds.  Ap- 
propriation. 
§  718.  The  superintendent  of  capitol  building  and  grounds  may  ap- 
point one  head  gardener  at  an  annual  salary  of  eighteen  hundred  dol- 
lars. He  may  appoint  seven  special  policemen  for  the  building  and 
grounds  at  annual  salaries  of  thirteen  hundred  and  twenty  dollars  each, 
who  shall  have  the  power  of  peace  officers,  and  the  same  power  of 
arrest  as  is  herein  given  to  the  superintendent.  None  of  said  police- 
men shall  be  required  to  work  more  than  six  days  in  any  one  w'eek. 
He  may  appoint  one  clerk  for  his  office  at  an  annual  salary  of  eighteen 
hundred  dollars,  who  shall  be  a  civil  executive  officer;  one  head  porter 
for  the  building  at  an  annual  salary  of  twelve  hundred  dollars.  He 
may  appoint  one  engineer  at  an  annual  salary  of  eighteen  hundred  dol- 
lars; one  fireman  at  an  annual  salary  of  twelve  hundred  and  sixty  dol- 
lars; one  electrician  at  an  annual  salary  of  eighteen  hundred  dollars; 
provided,  however,  that  the  superintendent  is  hereby  empowered  to 
employ  an  additional  electrician  for  emergency  purposes.  The  superin- 
tendent may  also  appoint  two  elevator  attendants  at  an  annual  salary 
of  ten  hundred  and  eighty  dollars  each;  two  telephone  exchange  opera- 
tors at  an  annual  salary  of  seven  hundred  and  twenty  dollars  each. 
He  may  appoint  to  serve  from  January  first  until  May  first  in  each 
legislative  year  one  engineer  at  a  monthly  salary  of  one  hundred  and 
fifty  dollars;  one  fireman  at  a  monthly  salary  of  one  hundred  and 
five   dollars;    one   electrician   at   a   monthly   salary    of   one   hundred   and 


POLITICAL    CODE.  33C 

fifty  dollars;  two  elevator  attendants  at  a  monthly  salary  of  ninety 
dollars  each;  two  telephone  exchange  operators  at  a  monthly  salary 
of  sixty  dollars  each;  ten  porters  at  a  monthly  salary  of  ninety  dollars 
each.  He  may  also  appoint  one  telephone  exchange  operator  at  a 
monthly  salar3'  of  sixty  dollars  to  serve  two  months  each  year  while 
the  legislature  is  not  in  session.  The  salaries  of  all  such  appoijitees 
shall  be  paid  at  the  same  time  and  in  the  same  manner  as  other  state 
officers. 

§  2.  The  sura  of  twenty-seven  hundred  and  ninety  dollars  is  hereby 
appropriated  to  be  used  to  pay  the  compensation  of  the  additional  police- 
men and  for  the  electrician  herein  provided  for,  the  salaries  of  the 
other  emplovees  to  be  provided  for  by  law.  [Amendment  approved 
June   14,   1913;   Stats.   1913,   p.  944.] 

This  section  was   added  to  the  code  April   1,   1911    (Stats.   1911,   p.  573). 

Compensation  of  capitol  park  gardeners,  etc. 

§  719.  The  t-uiariiiteiideiit  may  emi)li(y  such  competent  assistant 
gardeners  at  a  salary  of  one  hundred  dollars  each  per  month,  and  such 
regular  and  temporary  laborers,  jiorters  and  other  help  for  the  proper 
conduct  and  care  of  the  capitol  and  grounds,  as  may  be  deemed  neces- 
sary by  said  superintendent  and  the  state  board  of  control.  Said  labor- 
ers, porters  and  other  help  shall  receive  as  comj)ensation  for  their 
services  three  dollars  and  fifty  cents  per  diem,  earh;  said  wages  shall 
be  paid  only  from  money  appropriated  for  such  purposes.  Such  assist- 
ant gardeners  and  regular  laborers,  jiorters,  appointees  and  employees 
shall  have  the  power  of  peace  officers.  [Amendment  approved  May 
13,  1913;  Stats.  1913,  p.  213.] 

This  section  was  added  to   the  code  iVpril   1,   1911    (Stats.   1911,   p.   573). 

Salaries  of  superior  judges. 

§  737.  The  annual  salaries  of  the  judges  of  the  superior  court  of  the 
city  and  county  of  San  Francisco,  of  the  county  of  Los  Angeles  and 
of  the  county  of  Alameda  are  six  thousand  dollars,  of  the  counties  of 
Riverside,  Contra  Costa,  San  Joaquin.  Sacramento,  Marin,  Santa  Clara, 
San  Diego,  Fresno  and  San  Bernardino,  five  thousand  dollars,  of  the 
counties  of  Santa  Cruz,  San  Mateo,  Yuba,  Sutter,  Butte,  Nevada, 
Sonoma,  Colusa.  Monterey,  San  Luis  Obispo,  Shasta.  Siskiyou,  Santa 
Barbara,  Mendocino,  Tehama,  Kern.  Placer,  Humboldt,  Tulare,  Solano, 
Yolo,  Mariposa,  Ventura.  Mono.  Kings,  Amador,  Calaveras,  Stanislaus. 
El  Dorado,  Merced,  Madera,  Tuolumne.  Orange,  Glenn,  Napa  and  San 
Benito,  four  thou.<iand  dollars,  and  of  the  county  of  Alpine,  two  thou- 
sand dollars;  one-half  of  which  shall  be  paid  by  the  state  and  the  other 
half  thereof  by  the  county  of  which  the  judge  is  elected  or  appointed. 
[Amendment  approved  February  17,  1911;  Stats.  1911,  p.  63.] 

Salaries  of  officers  of  supreme  court. 

§  7  39.  The  annual  salaries  of  the  officers  connected  with  the  supreme 
eoiirt  are  as  follows:  The  reporter  of  the  decisions  of  the  supreme  court 


337  POLITICAL  CODE.  §§  752-758 

and  of  tlic  flistrict  courts  of  appeal,  twenty-five  hundred  dollars;  the 
assistant  reporters  of  the  decisions  of  the  sui)reme  court  and  of  the  dis- 
trict courts  of  appeal,  not  exceeding  three  in  nunil:)er,  one  at  twenty- 
four  hundred  dollars  and  two  at  twelve  hundred  dollars  each;  one  phono- 
graphic reporter,  tiiree  thousand  dollars,  and  one  phonographic  reporter, 
twenty-four  hundred  dollars;  two  secretaries  of  the  court,  each,  twenty- 
four  hundred  dollars;  each  bailiff  eighteen  hundred  dollars;  the  librarian, 
fifteen  hundred  dollars.  [Amendment  approved  March  9,  1911;  Stats. 
1911,    p.    321.] 

Fees   collected  by  clerk   of  supreme   court. 

§  752.  The  clerk  of  the  sujirenie  court  must  collect  in  advance  the 
following  fees:  For  filing  the  transcript  on  appeal,  in  each  civil  case 
appealed  to  the  supreme  court,  ten  dollars,  in  full  of  all  services  ren- 
dered in  each  case  up  to  the  rendering  of  the  judgment  or  the  issuing 
of  the  remittitur,  when  no  petition  for  a  rehearing  has  been  filed;  for 
filing  a  petition  for  a  rehearing,  and  for  all  services  to  the  issuing 
of  remittitur  to  the  court  below,  two  dollars  and  fifty  cents;  for  filing 
motion  to  dismiss  appeal  on  clerk's  certificate,  two  dollars  and  fifty 
cents;  for  filing  petitions  for  writs  of  mandate,  review,  prohibition, 
and  other  original  proceedings,  seven  dollars  and  fifty  cents,  in  full 
for  all  services  rendered  in  each  case;  for  filing  order  extending  time 
to  file  transcript,  fifty  cents;  for  certificate  of  admission  as  attorney 
and  counselor,  ten  dollars;  for  filing  each  paper  in  writs  of  error  to 
the  supreme  court  of  the  United  States,  twenty-five  cents;  for  making 
record  in  writs  of  error  to  the  supreme  court  of  the  United  States, 
and  for  copies  of  any  record  or  document  in  his  office,  per  folio,  ten 
cents;  but  this  fee  shall  not  be  taxed  against  parties  to  suit  for  any 
paper  or  copy  of  paper  up  to  and  including  remittitur;  for  comparing 
any  document  requiring  a  certificate,  per  folio,  five  cents;  provided, 
that  when  the  document  to  be  compared  was  printed  or  typewritten 
from  the  same  type  or  at  the  same  time  as  the  original  on  file,  and 
has  been  corrected  in  all  respects  to  conform  therewith,  such  charge 
shallbe  one  cent  per  folio;  for  each  certificate  under  seal,  one  dollar. 
He  shall  administer  oaths  for  verification  of  claims  against  the  state 
without  charge.  For  all  other  services  not  herein  specified  he  must 
charge  and  collect  the  same  fees  as  are  prescribed  by  law  for  similar 
services  by  notaries  public.  [Amendment  approved  June  10,  1913; 
Stats.    1913,   p.   567.] 

Officers    of    district    courts    of    appeal. 

§  758.  Each  of  the  three  courts  of  appeal  may  employ  and  appoint 
the  following  officers  of  their  respective  courts,  whose  salaries  shall  be 
as  follows:  One  clerk  at  twenty-seven  hundred  dollars  per  annum;  one 
deputy  clerk  at  two  thousand  dollars  per  annum;  one  phonographic  re- 
porter, as  provided  in  section  759,  and  one  bailiff,  at  sixteen  hundred 
22 


§§  769-937 


POLITICAL   CODE 


338 


dollars   per   annum.     [Amendment   approved   April   3,    1911;    Stats.    1911, 
p.   587.] 

Citations.      Cal.   157/424. 

§  769. 

Citations.      Cal.   157/423. 

Notaries  public. 

§  791.  The  governor  may  appoint  and  commission  such  number  of 
notaries  public  for  the  several  counties  and  cities  and  counties  of  this 
state  as  he  shall  deem  necessary-  for  the  public  convenience,  except 
that  in  counties  of  the  second  class  the  number  shall  not  exceed  one 
hundred  and  ten.  [Amendment  approved  April  23,  1913;  Stats.  1913, 
p.  77.] 

Also  amended  April  18,   1911    (Stats.  1911,  p.  941). 

Citations.      App.    13/461. 

§  792, 

Citations.      App.   13/462;    18/444. 

§  794. 

Citations.      App.   8/15;    9/130;    (subd.    7)    13/462. 


§  801. 

Citations. 

App. 

9/128,     129. 

§  811. 

Citations. 

Cal. 

158/402. 

§  865. 

Citations. 

App 

9/547. 

§   879. 

Citations. 

App. 

9/161. 

Oath  of  office,  when  taken. 

§  907.  Whenever  a  ditferent  time  is  not  prescribed  by  law,  the 
oath  of  oflice  must  be  taken,  subscribed,  and  filed  within  thirty  days 
after  the  officer  has  notice  of  his  election  or  appointment,  or  before  the 
expiration  of  fifteen  days  from  the  commencement  of  his  term  of  office, 
when  no  such  notice  has  been  given.  [Anieudmeut  approved  March  1, 
1911;  ytats.  1911,  p.  258.] 
Citations.      App.   9/160. 

§  936. 

Citations.      Cal.    160/199,   200,   201,   202. 

§  937. 

CiUtious.      Cal.   160/199,   200,   201,   202. 


339 


POLITICAL   CODE. 


§§  947-1066 


§  947. 

Citations.     App.  9/160. 

§  954. 

Citations.      Oal.   162/591. 

§  955. 

Citations.      Cal.   162/591;    (subd.   4)    162/591. 

§  996. 

Citations.  Cal.  161/213;  (subd.  5)  161/212.  App.  9/158,  160,  162;  (subd. 
1)  9/160,  162;  (subd.  9)  9/160,  162. 

§  1001. 

Citations.      App.   9/158,    160. 

§  1003a. 

Citations.     App.  9/784,  785. 

§  1032. 

Citations.      App.   18/427,  428. 

§  1041. 

Citations.     App.   18/720. 

§  1043. 

Citations.     App.   18/720. 

Conduct  of  municipal  elections. 

§  1044.  Except  in  the  particular^  or  cases  otherwise  provided  for  in 
the  constitution  or  laws  of  the  state  or  by  provisions  of  a  freeholder 
charter  duly  adopted  or  amended  pursuant  to  the  constitution  of  this 
state,  all  municipal  elections,  where  the  same  are  held  separate  from 
state  elections,  and  all  elections  held  under  the  authority  of  section 
8  of  article  11  of  the  constitution,  to  elect  boards  of  freeholders,  or  to 
vote  upon  proposed  charters,  or  upon  amendments  to  existing  charters, 
and  all  other  special  elections,  including  all  special  elections  to  vote 
upon  or  for  or  against  any  proposition  or  question  authorized  to  be 
submitted  to  a  vote,  shall  be  conducted  under  the  provisions  of  sections 
1044,  1120,  1121,  1133  and  1151  of  this  code.  [Amendment  approved 
April    12,    1911;    Stats.    1911,    p.    S96.] 

Proportion  of  votes  necessary  to  elect. 

§  1066.  The  person  receiving  at  any  election  a  plurality  of  the  votes 
polled  for  any  office  to  be  filled  at  such  election,  is  elected  thereto; 
provided,  that  in  any  city,  county  or  city  and  county  which,  by  its 
charter,  prescribes  for  the  election  of  its  officers  a  higher  proportion 
of   votes   than   a   plurality,   such   higher   proportion    of   votes   as   may   be 


§§  1067-1075  POLITICAL   CODE.  340 

80  prescribed  shall  be  necessary  for  such  election;  and  provided,  further, 
that  in  any  municipality  organized  or  incorporated  under  general  laws, 
such  higher  proportion  of  votes  than  a  plurality  as  may  be  prescribed 
by  genera]  law  shall  be  necessary  for  the  election  of  the  officers  of 
such  municipalitv.  [Amendment  approved  December  18,  1911;  Stats. 
Ex.   Sess.   1911,   p.   16.] 

Citations.      Cal.   159/444. 

§   1067. 

Citations.      Cal.    159/444.      App.   15/64. 

Unlawful  for  election  officer  to  assign  compensation  until  after  returns 
have  been  sealed. 
§  1072a.  It  shall  be  unlawful  for  any  person  serving  as  an  election 
officer,  or  who  has  served  as  an  election  officer  at  an  election,  or  who 
has  been  appointed  to  serve  as  an  election  officer  at  any  election,  to 
assign  or  in  any  manner  transfer  the  compensation  which  he  will  re- 
ceive or  be  entitled  to  receive,  or  to  have  allowed  to  him  for  service 
as  an  election  officer  at  any  precinct,  to  any  person,  persons  or  corpora- 
tion, until  after  the  full  completion  of  the  election  at  the  precinct,  or 
until  after  the  returns  of  such  election  from  the  precinct  where  he 
served  as  an  election  officer,  have  been  sealed  and  delivered  to  the 
county  clerk  or  registrar  of  voters,  or  postmaster  or  express  agent,  as 
provided  by  section  1264  of  the  Political  Code,  and  it  shall  be  unlawful 
for  any  person,  persons  or  corjioration,  or  their  agent  or  servant,  to 
either  directly  or  indirectly  receive  any  such  assignment  or  transfer, 
or  pay  or  advance  any  sum  of  money  whatever,  to  any  such  election 
officer  or  to  any  person  for  the  use  of  such  election  officer,  until  said 
electioo  returns  have  been  sealed,  and  delivered  as  hereinbefore  pro- 
vided. Any  person  who  shall  violate  any  provision  of  this  section  shall 
be  guiltv  of  a  misdemeanor.  [New  section  approved  May  1,  1911; 
Stats.    1911,   p.    1444.] 

Board  of  election  commissioners. 

§  1075.  The  board  of  supervisors  of  each  county  is  ex  officio  the 
bofird  of  election  commissioners  in  and  for  the  county  and  the  common 
council,  or  other  governing  body  of  a  city,  is  ex  officio  the  board  of 
election  commissioners  in  and  for  such  city;  provided,  that  in  any  city 
and  county  of  this  state  having  four  hundred  thousand  or  more  inhab- 
itants as  shown  by  the  last  federal  census,  the  board  of  election  com- 
missioners shall  consist  of  four  persons,  citizens  and  electors  of  such 
city  and  county,  each  of  whom  must  be  a  freeholder,  and  have  been 
an  actual  resident  of  said  cit\-  and  county  at  least  five  years  preceding 
his  appointment,  who  shall  be  appointed  by  the  mayor;  provided,  that 
the  respective  executive  committees  of  the  state  committees  of  either 
of  the  political  parties  who  may  be  entitled  under  the  provisions  of 
this  act  to  have  members  of  their  party  appointed  as  members  of  said 
board   of  election   commissioners,  shall   have  the  right,  within  ten  days 


341  POLITICAL    CODE.  §  1075 

after  sunh  appointment,  to  file  with  the  mayor  a  written  protest  against 
the  appointment  of  a  member  of  said  board  of  election  commissioners, 
as  having  been  appointed  as  one  of  affiliation  with  said  party,  on  the 
grounds  that  said  appointee  is  not  a  person  of  well-known  affiliation 
and  standing  with  said  party  from  which  he  has  been  appointed;  and 
the  mayor  thereupon  shall  make  another  appointment  in  the  place  of 
the  party  against  whom  the  protest  has  been  filed.  The  members  of 
said  commission  shall  be  ineligible  to  any  other  office  or  public  em- 
ployment, elective  or  appointive,  during  the  term  for  which  they  have 
been  appointed  and  for  one  year  thereafter.  Two  of  the  persons  so 
appointed  shall  be  selected  from  the  body  of  citizens  and  electors  of 
such  city  and  county,  of  known  affiliation  with  and  belonging  to  the 
political  party  or  organization  which  at  the  last  presidential  election 
held  in  such  city  and  county,  polled  within  said  city  and  county,  the 
highest  number  of  votes  cast  for  candidates  of  the  political  party  for 
presidential  electors  at  such  election;  and  the  two  remaining  members 
of  said  board  shall  be  selected  from  the  body  of  electors  of  such  city 
and  county,  of  known  affiliation  with  and  belonging  to  the  political 
party  which,  at  the  last  presidential  election  held  at  such  city  and 
county,  polled  within  such  city  and  county,  the  next  highest  number 
of  votes  cast  for  the  candidates  for  presidential  electors  of  a  political 
party. 

The  members  of  said  commission  shall,  every  two  years,  choose  one  of 
their  number  as  chairman;  in  the  event  of  their  failure  to  select  a  chair- 
man in  five  ballots,  the  oldest  of  said  members  in  point  of  years  shall 
be    chairman. 

The  persons  first  appointed  as  such  board  of  election  commissioners 
shall  be  appointed  on  the  first  Monday  of  July,  1S95,  and  shall  each  hold 
their  office  for  the  term  of  four  years  from  and  after  the  date  of  their 
appointment,  except  that  of  those  first  appointed,  two  (one  belonging 
to  each  political  party  or  organization  as  aforesaid),  to  be  designated 
by  the  mavor,  shall  retire  at  the  end  of  two  years,  when  their  suc- 
cessors shall  be  appointed  by  the  mayor. 

Whenever  any  vacancy  shall  occur  in  the  said  board,  such  vacancy 
shall  be  filled  by  appointment  as  herein  prescribed,  and  the  persons  so 
appointed  to  fill  such  vacanc}'  shall  be  selected  in  the  same  manner 
and  from  the  same  political  party  or  organization  with  which  his  prede- 
cessor in  office  affiliated  and  belonged  at  the  time  of  his  appointment 
thereto,  and  shall  hold  office  for  the  balance  of  the  unexpired  term  to 
which  he  was  appointed.  The  salary  of  each  member  of  the  board  of 
election  commissioners  in  and  for  a  city  and  county,  having  four 
hundred  thousand  or  more  inhabitants  as  shown  by  the  last  federal 
census  shall  be  seven  hundred  and  fifty  dollars  per  annum,  payable, 
in  equal  monthly  installments,  out  of  the  treasury  of  such  city  and 
county,  in  the  same  manner  as  the  salaries  of  other  officers  of  said 
city  and  county,  are  paid.  [Amendment  approved  April  7,  1911;  Stats. 
19il,  p.   727.] 


§§  1077, 1078        POLITICAL  CODE.  342 

Clerk  of  board  of  election  conunissioners.  Oath  of  ofiBce.  Deputies  and 
clerks.  Power  to  administer  oaths. 
§  1077.  The  county  clerk  is  ex  oflfieio  clerk  of  the  board  of  election 
eommissioners  of  the  county,  and  the  clerk  or  secretary  of  the  common 
council  or  other  governing  body  of  a  city  is  ex  officio  the  clerk  or  sec- 
retary of  the  board  of  election  commissioners  of  the  city;  provided, 
that  in  cities  and  counties  of  this  state  having  four  hundred  thousand 
or  more  inhabitants,  the  board  of  election  commissioners  shall  appoint 
a  suitable  person,  not  one  of  their  own  number,  to  act  as  secretary,  at 
a  salary  not  to  exceed  two  hundred  and  fifty  dollars  per  month,  pay- 
able in  the  same  manner  as  the  salaries  of  the  commissioners  are  paid. 
Such  secretary  shall  hold  his  office  during  the  pleasure  of  the  said 
board.  The  secretary  of  the  board  of  election  commissioners  shall  not, 
during  the  term  of  his  office,  engage  in  any  other  calling  or  trade,  or 
profession  or  employment,  and  shall  be  ineligible  to  be  a  candidate  or 
delegate  to  any  convention  which  shall  nominate  candidates  for  office, 
and  he  shall  be  ineligible  to  be  voted  for  for  any  office  while  acting 
as  such  secretary;  and  if  these  provisions  of  the  law  are  not  obeyed,  it 
shall  be  the  duty  of  the  board  of  election  commissioners  forthwith  to 
declare  his  place  vacated,  and  the  vacancy  shall  be  filled  in  the  same 
manner  and  terms  as  provided  for  in  the  original  appointment.  Each 
member  of  the  board  of  election  commissioners,  and  the  secretary  elected 
by  said  board  of  election  commissioners,  shall,  within  fifteen  days  after 
receiving  notice  of  their  appointment,  take  the  usual  oath  of  office 
before  any  judge  of  the  superior  court  of  said  city  and  county,  and 
said  oaths  of  office  shall  be  filed  with  the  county  clerk  of  said  city  and 
county.  The  board  of  election  commissioners  shall  have  the  power  to 
appoint  all  deputies,  and  such  clerks  as  may  be  necessary,  and  to  fix 
their  salaries  at  the  time  of  their  employment.  All  deputies  and  clerks 
thus  apfiointed  shall  be  equally  divided  between  the  representatives  of 
the  political  parties  that  polled  the  highest  and  the  next  to  the  high- 
est number  of  votes  at  the  preceding  presidential  election.  The  salaries 
of  all  deputies  and  clerks  that  may  be  appointed  by  said  board  of  elec- 
tion commissioners  shall  be  payable  in  equal  monthly  installments  out 
of  the  treasury  of  said  city  and  county,  in  the  same  manner  as  the  sal- 
aries of  other  officers  of  such  city  and  county  are  paid.  The  members 
of  the  board  of  election  commissioners,  the  secretary  of  the  board  of 
election  commissioners,  all  deputies  and  clerks  appointed  by  the  board 
of  election  commissioners,  and  all  election  officers,  shall  have  the  power 
to  administer  oaths;  and  any  fal^e  oaths  taken  before  them,  or  either 
of  them,  shall  be  deemed  to  be  perjury,  and  the  person  so  convicted 
thereof  shall  be  punished  according  to  law.  [Amendment  approved 
April    7,    1911;    Stats.    1911,    p.    729.J 

Duties   of   clerks. 

§  1078.  Tlie  county  clerk  of  each  county,  and  the  clerk  or  secretary 
of  the  common  council  of  a  city,  shall,  within  their  respective  counties 
or  cities,  exercise  all  the  powers  conferred,  and  shall  discbarge  and  per- 


343  POLITICAL  CODE.  §§  1079-1083 

form  all  the  duties  imposed  by  this  code,  or  by  any  law  of  this  state, 
upon  such  officers  in  respect  to  the  conduct,  management,  and  supervi- 
sion of  elections,  and  matters  pertaining  to  elections,  held  within  the 
respective  counties  or  cities,  as  the  same  are  now  or  may  be  hereafter 
prescribed  by  law;  provided,  that  in  any  city  and  county,  having  four 
hundred  thousand  or  more  inhabitants,  the  secretary  of  the  board  of 
election  commissioners,  under  the  direction  of  the  board  of  election 
commissioners,  shall  exercise  all  the  powers  conferred,  and  shall  dis- 
charge and  perform  all  the  duties  imposed  by  this  code,  or  by  any  law 
of  this  state,  upon  the  county  clerk  or  any  other  officer  in  such  cities 
and  counties,  in  respect  to  the  contract  and  supervision  of  matters  re- 
lating to  elections  held  within  such  cities  and  counties,  as  the  same 
are  now  or  may  be  hereafter  prescribed  by  law.  [Amendment  approved 
April   7,   1911;   Stats.   1911,  p.   730.] 

Expenditures  for  election  purposes. 

§  1079.  Whenever  the  clerk,  secretary  or  any  other  officer  of  a 
county,  city,  or  city  and  county,  is  charged  with  the  performance  of 
any  official  duty,  in  respect  to  elections,  which  involves  the  expendi- 
ture of  public  monej's,  such  expenditures  shall  be  subject  to  the  control 
and  supervision  of  the  board  of  election  commissioners;  and  when  any 
printing  or  other  service  is  to  be  performed,  or  materials  are  to  be  fur- 
nished, the  amount  of  which  in  the  aggregate  shall  exceed  the  value 
of  five  hundred  dollars,  it  shall  be  the  duty  of  the  board  of  election 
commissioners  to  invite  proposals  for  the  work,  or  the  furnishing  of  the 
materials,  and  to  let  the  contract  for  the  same  to  the  lowest  responsible 
bidder  therefor,  in  the  same  manner  and  upon  the  same  conditions  as 
is  required  in  the  letting  of  contracts  for  doing  other  and  similar  work 
or  furnishing  other  and  similar  materials,  for  county,  city,  or  city  and 
county  purposes;  provided,  that  no  such  proposal  or  bid  shall  be  required 
for  the  contract  to  print  ballots  or  the  printed  index  of  the  precinct 
registers,  or  the  tally  lists,  if,  in  the  judgment  of  the  county  clerk  or 
registrar  of  voters,  the  time  within  which  such  ballots  or  index  must  be 
had  does  not  reasonably  admit  of  such  proposal  and  bid,  or  where  an 
emergency  requires  the  immediate  performance  of  a  duty  relating  to 
the  management  or  conduct  of  an  election,  and  delay  in  the  performance 
of  such  duty  might  imperil  the  holding  of  the  election  at  the  time  and 
in  the  manner  provided  by  law.  [Amendment  approved  April  12,  1911; 
Stats.   1911,  p.   896.] 

Qualifications  of  electors. 

§  1083.  Every  native  citizen  of  the  United  States,  every  person 
who  shall  have  acquired  the  rights  of  citizenship  under  or  by  virtue 
of  the  treaty  of  Queretaro,  and  every  naturalized  citizen  thereof,  who 
shall  have  become  such  ninety  days  prior  to  any  election,  of  the  age 
of  twenty-one  years,  who  shall  have  been  a  resident  of  the  state  one 
year  next  preceding  the  election,  and  of  the  county  in  which  he  or 
she    claims   his   or   her   vote   ninety   days,   and    in   the   election   precinct 


§§  1083a-1094  political  code.  3U 

thirty  days,  and  who  has  conformed  to  the  law  governing  the  registration 
of  voters,  shall  be  a  qualified  elector  at  any  and  all  elections  held 
within  the  county,  city  and  county,  city,  town,  or  district  within  which 
such  elector  resides.  [Amendment  approved  May  22,  1913;  Stats. 
1913,  p.   220.] 

Also  amended  December  23.   1911.      See    Stats.  Ex  Sess.  1911,  p.  16. 

Qualifications  for  signing  petitions. 

§  1083a.  Wherevej,  by  the  constitution  or  laws  of  this  state,  any 
initiative,  referendum,  recall  or  nominating  petition  is  required  to  be 
signed  by  qualified  electors,  only  an  elector  who  is  a  registered  qualified 
elector  at  the  time  he  signs  such  petition,  shall  be  entitled  to  sign  the 
same.     [New  section  approved  May  23,  1913;   Stats.  1913,  p.  225.] 

Biennial  registration  of  voters.  When  registration  may  be  used.  Regis- 
tration outside  clerk's  oflace.  Transfer  of  registration.  last  of 
lodgers  to  be  furnished  by  landlord. 
§  1091.  There  sliiill  be,  in  each  even-numbered  year,  to  continue  for 
two  years,  except  as  hereinafter  provided  in  each  county  and  city  and 
county  of  the  state,  a  new  and  complete  registration  of  the  voters  of 
such  county  or  city  and  county,  who  arc  entitled  thereto.  Such  registra- 
tion shall  begin  on  the  first  day  of  January  of  such  years,  and  shall  be 
in  progress  at  Jill  times  except  during  the  thirty  days  immediately  pre- 
ceding any  election,  when  it  shall  cease  for  such  election  as  to  electors 
residing  in  the  territorj'  within  which  such  election  is  to  be  held;  and 
transfers  of  registration  for  such  election  may  be  made  from  one  pre- 
cinct to  another  precinct  in  the  same  county  or  city  and  county  at  any 
time  when  such  registration  shall  be  in  progress  in  the  precinct  to 
which  the  elector  seeks  to  transfer;  provided,  that  where  any  general 
or  special  municipal  election,  or  any  other  special  election,  is  held  be- 
tween the  first  day  in  January  and  the  first  day  in  April  of  the  year 
in  which  such  a  new  registration  is  had,  the  original  affidavit  of  registra- 
tion and  indexes  used  in  the  last  general  state  election  in  any  county 
or  city  and  county  in  this  state  may  be  used,  together  with  the  original 
afTidavit  of  registration  since  the  last  election,  and  supplemental  in- 
dexes, showing  all  additional  registration,  changes  and  corrections  made 
since  the  registration  for  the  last  general  election,  completed  to  ami 
including  the  thirtieth  day  prior  to  said  general  or  special  municipal 
election  or  other  special  election,  which  shall  be  the  last  day  on  which 
any  person  may  register  or  transfer  registration  so  as  to  entitle  said 
person  to  a  vote  at  such  election.  The  board  having  charge  and  control 
of  elections  in  each  county  or  city  and  county,  may  provide  by  resolu- 
tion, for  the  registraton  of  voters  in  their  respective  precincts,  by  the 
officer  charged  with  the  registration  of  voters,  and  may  also  provide 
by  resolution  for  the  registration  of  voters  at  specified  times  and  places, 
other  than  the  office  of  the  countj'  clerk  or  registrar  of  voters,  deemed 
most  convenient  to  large  numbers  of  voters,  without  reference  to  re- 
spective or  particular  precincts,  in  such  a  manner  that  the  affidavits  of 


345  POLITICAL   CODE.  §  1094 

registration  as  provided  hj  law  may  be  taken  at  siicli  time  and  place, 
of  any  voter  within  the  county  who  is  entitled  to  register  therein;  pro- 
vided, however,  that  in  any  city  and  county  where  the  registration  at 
the  last  preceding  presidential  election  exceeded  eighty-five  thousand, 
no  registration  outside  of  the  main  office  of  the  officer  charged  with  the 
registration  of  voters  shall  be  had  except  that  which  is  without  refer- 
ence to  particular  precincts  as  last  specified  herein;  and  provided,  fur- 
ther, that  in  any  such  city  and  county  such  registration  without  regard 
to  particular  precincts  outside  of  the  main  office  of  the  officer  charged 
with  the  registration  of  voters,  must  be  had  in  at  least  one  place  in 
each  assembly  district  in  such  city  and  county  for  a  period  of  not  less 
than  five  days,  exclusive  of  Sundays,  next  immediately  preceding  the 
close  of  registration  for  the  September  primary  election  provided  for 
by  state  law,  and  said  registration  places  shall  be  and  remain  open  at 
least  from  10  o'clock  A.  M.  to  10  o'clock  P.  M.  of  each  of  said  days; 
provided,  further,  that  any  registration  which  may  be  made  at  the  main 
office  for  registration  in  any  such  city  and  county  may- be  made  in  any 
of  the  places  provided  for  registration  in  the  assembly  districts  therein; 
and  provided,  further,  that  such  other  places  of  general  registration, 
in  addition  to  and  other  than  those  above  specified,  shall  be  provided 
in  any  such  city  and  county  as  may  be  necessary  for  the  proper  and 
full  registration  of  the  voters  thereof  and  such  places  of  registration 
shall  be  provided  at  such  times,  for  such  length  of  time,  and  in  such 
places  as  the  board  having  control  of  registration  in  any  such  city  and 
county  may  provide.  Affidavits  of  registration  to  be  used  for  the  pur- 
pose of  transferring  the  registration  from  one  precinct  to  another  in 
any  such  city  and  county,  shall  have  printed  upon  the  margin  thereof 
the  following  words  and  matter:  "Transfer  of  registration  from  last 
former  precinct  in  this  city  and  county.     Such  last  former  registration 

gave  my  residence  at  ,"   (inserting  the  place  of  residence  stated  in 

such  last  former  precinct  registration  in  said  city  and  county),  and  the 
person  so  making  an  affidavit  for  the  purpose  of  transferring  his  pre- 
cinct registration,  shall  be  required  as  a  part  of  such  affidavit  to  state 
the  place  of  residence  so  given  by  him  in  such  last  former  registration 
in  said  city  and  county,  and  if  such  last  former  registration  of  such 
person  from  the  residence  so  specified  is  not  found  at  the  main  office 
of  registration,  then  and  in  that  event,  if  such  last  affidavit  of  registra- 
tion for  the  purpose  of  transfer  was  not  made  at  such  main  office,  such 
voter  may  be  cited  by  the  officer  or  board  charged  with  the  registra- 
tion of  voters,  by  written  or  printed  notice  mailed  in  a  sealed  envelope, 
with  proper  postage  thereon,  addressed  to  the  last  place  of  residence 
of  such  person,  as  given  in  said  affidavit  of  registration  for  the  purpose 
of  transfer,  citing  such  person  to  appear  at  the  main  office  of  registra- 
tion, not  later  than  ten  days  from  the  time  of  mailing  such  citation 
(specifying  the  last  day  for  such  appearance),  to  correct  or  correctly 
state  his  former  place  of  residence  in  said  city  and  county  at  the  date 
of  his  last  prior  registration,   and  that   unless  he   or   she  so  appear  and 


§  1095  POLITICAL   CODE.  346 

make  such  statement  in  such  manner  that  his  or  her  said  last  former 
precinct  registration  before  the  making  of  said  aflSdavit  for  the  pur- 
pose of  said  transfer,  may  be  found  that  his  or  her  said  affidavit  and 
application  for  such  transfer  of  registration  will  be  canceled.  Unless 
such  person  shall  appear  at  such  main  office  according  to  the  require- 
ments of  such  citation  and  make  such  statement  as  will  enable  his  or 
her  said  last  former  place  of  residence  and  precinct  registration,  prior 
to  said  affidavit  and  application  for  transfer  of  registration  in  such 
city  and  county,  to  be  found,  his  or  her  said  last  affidavit  and  applica- 
tion for  transfer  of  registration  shall  be  canceled.  Upon  the  written 
request  of  the  officer  charged  with  the  registration  of  voters,  which  re- 
quest said  officer  shall  make  upon  petition  from  any  ten  electors  of  the 
county,  such  petition  to  specify  the  premises  from  which  lists  are 
desired,  every  landlord  or  keeper  of  premises  where  lodgers  abide,  shall 
furnish  said  officer  a  list  of  all  lodgers  occujjying  rooms,  or  sleeping 
apartments,  or  beds  in  the  premises  under  his  or  her  or  its  control. 
Such  lists  shall  be  furnished  upon  blanks  provided  by  said  officer.  Any 
landlord  or  keeper  of  premises  where  lodgers  abide,  who  neglects  or 
refuses  to  comply  promptly  with  the  provisions  of  this  section  or  who 
furnishes  a  false  list  of  such  lodgers,  shall  be  guilty  of  a  misdemeanor. 
All  lists  so  returned  shall  be  kept  on  file  in  the  office  of  the  officer  re- 
ceiving same,  open  to  public  inspection.  It  shall  be  the  duty  of  said 
officer  to  compile  a  list  of  su<'h  persons,  if  there  are  any,  who  are  regis- 
tered as  residing  in  any  of  these  f)remises  and  whose  names  are  not 
returned  in  the  lists  furnished  by  the  landlord  or  keeper  thereof.  At 
least  three  days  before  the  date  of  the  next  succeeding  election,  in  any 
precinct  where  such  premises  tire  located,  said  officer  shall  send  by 
registered  mail  to  the  inspector  of  election  in  said  precinct  a  certified 
copy  of  the  list  he  has  thus  prepared,  with  instructions  to  challenge 
the  vote  of  each  and  all  such  persons  if  offered  at  the  election,  under 
subdivision  5  of  section  1230  of  the  Political  Code.  [Amendment  ap- 
proved .Tune  16,  1913;  Stats.  1913,  p.  143S.] 

Also    ampiided    May    1,    1911     (Stats.    1911,    p.    1441),    and    January    13,    1912 
(Stats.   Ex.   Sess.    1911,  p.   219). 
ClUtions.      Cal.    157/318,   323. 

Names  of  electors  entered  in  duplicate. 

§  1095.  In  the  affidavits  of  rcgii-tration  the  clerk  must,  as  hereinafter 
provided,  enter  in  duplicate  the  names  of  the  qualified  electors  of  the 
county,  and  the  provisions  of  section  1096  of  this  code  are  hereby  de- 
clared to  be  mandatory.  Any  officer  charged  with  the  registration  of 
voters  who  neglects  or  refuses  to  make  all  the  entries  provided  for  in 
section  1096  of  the  Political  Code,  or  neglects  or  refuses  to  take  the 
oath  of  the  voter  applying  to  him  for  registration  in  respect  to  the  same, 
shall,  upon  conviction,  be  deemed  guilty  of  a  misdemeanor  for  each  and 
everv  such  omission.  [Amendment  approved  April  12,  1911;  Stats.  1911, 
p.  8S9.] 


:U7  POLITICAL  CODE.       §§  1095a,  1096 

Original  and  duplicate  affidavits.  Deputies  to  be  charged  wltli  blanks. 
Spoiled  affidavits.  Accounting  for  blanks  at  close  of  registration. 
§  1095a.  The  clerk,  or  other  person  charged,  with  the  registration 
of  voters,  must  provide  blank  forms  for  the  affidavits  of  registration, 
which  forms  shall  be  bound  together  in  books  or  pads  of  one  hundred 
sheets  each,  and  consist  of  originals  and  duplicates.  Each  original 
shall  be  attached  to  a  stub  by  a  perforated  line,  and  each  original  and 
duplicate  shall  bear  a  distinctive  number,  which  shall  be  in  addition 
to  the  registration  number  of  the  voter.  Said  number  shall  appear  on 
the  original  and  duplicate  sheet,  and  also  on  the  stub  to  which  they 
are  attached,  and  the  numbering  shall  begin  with  1  and  continue  in  a 
sequence  until  all  of  the  blanks  jirovided  shall  be  numbered.  The  num- 
bering shall  begin  anew  with  each  registration.  The  stubs  shall 
contain  a  line  for  the  name,  and  spaces  for  the  address  and  precinct 
of  the  person  registered.  Each  deputy  clerk,  deputy  registrar,  or  regis- 
tration clerk  shall  receipt  to  the  clerk  or  registrar  for  all  books  or  pads 
issued  to  him,  specifying  the  numbers  of  the  affitiavits  received  by 
him,  and  he  shall  be  charged  with  the  same  until  he  returns  and  files 
the  same.  When  an  elector  is  registered,  his  name,  address,  and  pre- 
cinct shall  be  noted  on  the  stub  attached  to  the  original,  and  if  for 
any  cause  the  affidavit  is  spoiled  in  the  course  of  making  it  out,  or  a 
mistake  therein  is  made,  the  same  must  not  be  removed  from  the  pad, 
or  book,  but  the  name  of  the  elector  for  whom  it  was  intended,  with 
his  address  and  precinct  must  be  entered  on  the  stub,  as  in  other  cases, 
and  the  stubs  and  affidavits  each  marked  with  the  word  "Spoiled"  in 
red  ink.  When  the  registration  for  any  election  is  closed,  all  deputies 
or  registration  clerks  must,  immediately  thereafter,  return  all  affidavits 
of  registration,  and  all  books  or  pads  in  their  possession  containing 
stubs,  spoiled,  or  unused  affidavit  blasks;  and  within  ten  days  after 
the  close  of  such  registration  the  clerk,  or  registrar  of  voters  must 
report  to  the  district  attorney  of  the  county,  or  city  and  county,  under 
oath,  the  names  of  his  deputies,  if  any,  who  have  not  complied  with 
the  provisions  of  this  section;  and  it  shall  be  the  duty  of  the  district 
attorney  to  forthwith  begin  a  criminal  prosecution  against  such  deputies 
or  registration  clerks  as  shall  not  have  complied  with  the  provisions  of 
this  section.  Any  deputy,  or  person  having  charge  of  affidavits  of 
registration,  who  shall  willfully,  or  by  gross  carelessness,  neglect,  fail, 
or  refuse  to  comply  with  the  provisions  of  this  section,  shall  be  guilty 
of  a  misdemeanor.  [New  section  approved  January  22,  1912;  Stats. 
Ex.  Sess.  1911,  p.  230.] 

Affidavit  of  registration.     Information  given. 

§  1096.  The  affiant  making  the  affidavit  of  registration  must  be  a 
citizen  of  the  United  States  at  least  ninety  days  prior  to  the  next 
succeeding  election,  and  be  at  least  twenty-one  years  of  age  at  the 
time  of  such  election,  and  may  state  in  such  affidavit  the  name  of  any 
political  party  or  organization  with  which  he  intends  to  affiliate  at  the 


§  1097  POLITICAL   CODE.  348 

ensuing  primary  election,  whether  or  not  such  party  or  organi^^ation  is 
a  party  or  organization  qualified,  at  the  time  of  such  registration,  to 
participate  in  such  primary  election  according  to  the  provisions  of  the 
direct  primary  law.     Such  affidavit  must  also  show: 

1.  The  name  at  length,  including  Christian  or  given  name,  and  middle 
name,  or  initial,  if  any,  eiaid  Christian  or  given  name,  if  the  name  of  a 
woman,  to  be  preceded  by  the  designation  of  Miss  or  Mrs.,  as  the  case 
may  be. 

2.  The  sex. 

3.  The  occupation. 

4.  The  height. 

5.  The  country  or  state  of  nativity. 

6.  The  place  of  residen<e  of  the  eloi  tor  (giving  ward  and  precinct); 
and  in  municipal  cor|ioratious,  by  speiifying  the  n;ime  of  the  street, 
avenue,  or  other  location  of  the  dwelling  of  such  elector,  with  the  num- 
ber of  such  dwelling,  if  the  same  has  a  number,  and  if  not,  then  with 
such  description  of  the  place  th.it  it  can  be  readily  ascertained  and 
identified.  If  the  elector  be  not  the  proprietor  or  head  of  the  house,  or 
the  wife  or  husband  of  such  proprietor,  then  it  must  show  that  fact, 
and  upon  what  lloor  thereof,  and  what  room  such  elector  occupies  in 
such  house. 

7.  If  naturalized,  the  place  of  naturalization. 

8.  If  the  elector  has  acquired  citizonsliip  by  marriage,  tlie  date  or 
year  and  place  of  such  marriage,  and  the  name  of  the  person  to  whom 
married. 

9.  The  date  of  entry  of  each  person. 

10.  The  postoflice  address. 

11.  The  fact  whether  or  not  the  elector  desiring  to  be  registered  is 
able  to  read  the  constitution  in  4 he  English  language  and  to  write  his 
name,  and  whether  or  not  the  elector  has  any  physical  disability,  by 
reason  of  which  he  cannot  mark  his  ballot;  and  if  he  cannot  mark 
his  ballot  by  reason  of  physical  disability,  then  the  nature  of  such  dis- 
ability must  be  entered.  [Amendment  approved  June  14,  191.3;  Stats. 
1913,  p.  1173.] 

Also    amended    April    12,    1911    (Stats.    1911,    p.    889),    and   January    9,    1912 
(Stats.  Ex.   Sess.   1911,  p.   19C). 

Qualifications  for  registration. 

§  1097.  No  person's  name  must  be  entered  by  the  officer  charged  with 
the  registration  of  voters  unless: 

1,  Upon  the  production  and  filing  of  a  certified  copy  of  the  judgment 
of  the  superior  court  directing  such  entry  to  be  made. 

Naturalized  citizen. 

2.  If  a  naturalized  citizen,  upon  the  production  of  his  certificate  of 
naturalization,  wliich  certificate  must  be  issued  ninety  days  prior  to 
the  succeeding  election,  or  upon   his  affidavit   that   it   is   lost   or  out  of 


349  POLITICAL  CODE.  §  1097 

his  possession,  which  affiilavit  must  state  the  place  of  his  nativity,  and 
date  or  year  and  place  of  his  naturalization,  together  with  his  affidavit 
that  he  has  resided  in  the  United  States  for  five  years  next  preceding 
the  time  of  application,  and  that  he  will  have  resided  in  the  state  one 
year,  and  in  the  county  or  city  and  county  ninety  days,  and  in  the 
precinct  thirty  days  next  preceding  the  next  ensuing  election,  and  that 
he  is  or  will  be  an  elector  of  the  county  or  city  and  county  at  the 
next  succeeding  election;  provided,  however,  if  such  naturalized  citizen 
shall  have  been  previously  registered  as  a  qualified  elector  of  any  of 
the  counties  or  cities  and  counties  of  this  state,  and  shall  produce  a 
certificate  of  such  registration,  issued  by  the  party  authorized  by  law 
to  issue  such  certificate,  which  shall  recite  the  date  or  year  and  place 
of  naturalization  of  such  elector,  such  certificate  shall  be  prima  facie 
evidence  of  his  naturalization  In  the  event  that  such  naturalized 
citizen  shall  state  in  his  affidavit  that  he  was  naturalized  in  the  county 
or  city  and  county  in  which  he  seeks  to  register,  or  in  the  event  that 
he  was  previously  registered  within  the  preceding  eight  years  within 
the  county  or  city  and  county  in  which  he  seeks  to  register,  and  his 
certificate  of  naturalization  has  not  been  revoked,  or  that  she  has  not 
since  gaining  citizenship  lost  her  citizenship,  such  citizen  shall  not  be 
required  to  produce  his  or  her  certificate  of  naturalization,  or  of  mar- 
riage, nor  to  make  such  affidavit  of  lost  certificate  in  lieu  thereof;  pro- 
vided, however,  that  in  any  county  or  city  and  county  where  the  affi- 
davits of  registration  have  been  destroyed  by  fire  or  conflagration,  or 
other  public  calamity,  the  above  stated  provisions  as  to  previous  regis- 
tration within  the  preceding  eight  years  shall  in  such  county  or  city 
and  county,  apply  only  for  such  number  of  years  past  as  there  shall 
exist  a  record  of  previous  registration,  and  not  to  exceed  in  any  event 
said  eight  years. 

Father  naturalized. 

3.  If  a  citizen,  by  virtue  of  the  naturalization  of  his  father,  upon 
his  affidavit  that  he  became  a  citizen  of  the  United  States  by  virtue  of 
such  naturalization  of  his  father,  which  naturalization  took  place  dur- 
ing his  minority  and  that  he  began  to  reside  permanently  in  the  United 
States  while  such  minor  child,  and  that  he  is  or  would  be  an  elector  of 
the  county  or  city  and  county  at  the  next  ensuing  election. 

By  marriage. 

4.  If  a  citizen  by  virtue  of  marriage,  her  name  shall  be  entered  when 
it  also  appears  from  such  affidavit  that  the  affiant  on  a  date  or  year 
and  at  a  place  therein  mentioned,  married  a  citizen  of  the  United  States, 
naming  him,  or  a  person,  naming  him,  who  became  a  citizen  of  the 
United  States  by  naturalization. 

Other  cases. 

5.  In  all  other  cases,  upon  the  affidavit  of  the  party  that  he  is  or  will 
be  an  elector  of  the  county  at  the  next   succeeding  election.     Such  affi- 


§  1097  POLITICAL  CODE.  350 

davit  must  be  made  before  the  county  clerk  or  officer  charged  with  the 
registration  of  voters,  or  their  deputy  or  registration  clerk.  If  an 
elector  is  absent  from  the  county  in  which  he  claims  residence,  he  may 
appear  before  any  judge  or  clerk  of  any  court  of  record,  or  notary 
public,  or  if  in  a  foreign  country,  before  any  minister,  consul,  or  vice- 
consul  of  the  United  States,  and  may  make  and  subscribe  an  affidavit 
as  to  his  residence,  specifying  in  what  ward  or  precinct  he  claims 
residence;  that  he  will  be  necessarily  and  unavoidably  absent  from 
said  county  or  city  and  county,  on  all  the  days  allowed  by  law  for 
general  registration  of  electors,  and  setting  forth  in  such  affidavit  each 
and  all  the  matters  required  by  sections  1U96  and  1097  of  the  Political 
Code  of  the  state  of  California,  and  forward  such  affidavit,  duly  au- 
thenticated as  above,  by  mail,  inclosed  in  an  envelope,  addressed  to 
the  county  clerk  of  any  county,  or  the  registrar  of  voters  in  any  county 
or  city  and  county  in  which  he  claims  to  be  an  elector.  Upon  receipt 
of  such  affidavit  by  such  clerk  or  registrar  of  voters  within  the  time 
allowed  by  law  for  registration,  the  said  affidavit  shall  be  entered  and 
bound  by  the  clerk  in  the  proper  register  in  such  precinct. 

Change  of  name  by  marriage. 

6.  Whenever  any  elector,  between  the  time  of  her  last  registration 
and  the  time  for  tlie  closing  of  registration  for  any  given  election  in 
the  same  county  or  city  and  county,  shall  have  lawfully  changed  her 
surname  by  a  ciiange  or  assumption  of  marital  relations,  she  shall  be 
entitled  to  re-register  under  her  new  or  changed  name,  upon  an  addi- 
tional statement  made  at  the  time  of  such  re-registration,  giving  the 
name  under  which  she  was  so  last  registered  in  said  county  or  city  and 
county,  and  the  residence  given  and  contained  in  said  last  affidavit  of 
registration,  which  additional  statement  sliall  be  printeil  or  written 
upon  the  margin  of  such  affidavit  of  re-registration  before  the  said 
affidavit  is  signed,  and  shall  be  deemed  a  part  thereof.  Upon  such  re- 
registration  the  last  previous  registration  of  such  elector  shall  be  can- 
celed. 

All  necessary  facts  must  be  shown.     In   city   and   county.     Words   not 
applicable.     Statements  numbered.     Size.     Type.     Form. 

7.  In  every  case  the  affidavit  of  the  jiarty  must  show  all  the  facts 
required  to  be  stated.  The  clerk  or  registrar  of  voters  may  cause  to 
be  written  or  printed  upon  the  margin  of  the  affidavit,  in  addition  to 
any  mattter  hereinafter  provided  for,  all  such  words  as  are  deemed 
necessary  or  convenient  for  the  purpose  of  designating  the  precinct, 
district  or  political  subdivision  for  which  such  affidavit  is  taken,  or 
deemed  necessary  or  convenient  to  indicate  any  removal  or  transfer 
of  registration,  and  also  any  data  or  memorandum  deemed  necessary 
or  convenient  to  indicate  the  number  of  the  ballot  voted  by  an  elector 
as  provided  by  section  1204  of  the  Political  Code,  or  any  other  reason- 
able memoranda  deemed  necessary  or  convenient  for  the  purpose  of  en- 
abling  such   clerk  or  registrar  of  voters   to   perform   his   duties   in   the 


3;')!  POLITICAL   CODE.  §  1097 

assorting  or  classification  or  handling  of  such  affidavits  with  correct- 
ness and  dispatch.  Whenever  in  the  following  form  of  affidavit  the 
word  "county"  is  inserted,  if  the  affidavit  is  for  use  in  a  city  and  county, 
such  last  mentioned  words  may  be  printed  or  written  in  lieu  of  said 
word  "county."  In  connection  with  the  place  of  residence  the  affidavit 
may  have  printed  either  the  word  "precinct,"  or  the  word  "street,"  or 
the  word  "avenue,"  or  any  or  all  of  such  words  as  the  clerk  or  registrar 
of  voters  shall  deem  will  be  most  convenient  in  practical  use  for  the 
territory  in  which  such  affidavits  are  to  be  used.  In  designating  the 
residence  of  the  voter  or  the  postoffice  address  it  shall  not  be  necessary 
in  either  case  to  repeat  the  county  or  city  and  county  or  state  where 
the  name  of  said  county  or  city  and  county  or  state  previously  appear. 
The  words  printed  in  the  body  of  the  affidavit,  which  by  reason  of 
statements  of  the  voter  are  not  applicable  to  such  registration,  shall 
not  be  deemed  a  portion  of  such  affidavit  of  registration.  The  lines 
to  indicate  the  separation  between  the  margin  of  the  affidavit  of  regis- 
tration and  the  said  margin  shall  be  at  the  top  and  on  the  right  side 
of  such  affidavit,  and  may  be  double  or  single  lines  in  the  discretion 
of  the  clerk  or  registrar  of  voters  of  the  county  or  city  and  county  or 
territory  for  which  the  affidavit  is  to  be  used.  The  affidavit  shall  be 
printed  in  horizontal  lines.  Wherever  any  blank  space  is  left  in  any 
line  for  the  entry  of  any  matter  the  lines  shall  not  be  less  than  one- 
third  of  an  inch  apart  vertically.  Commencing  with  the  first  state- 
ment of  the  affidavit  proper  each  statement  shall  be  numbered  imme- 
diately at  the  left  of  such  statement  in  a  numerical  sequence,  the  first 
statement  commencing  with  No.  1,  and  so  on  to  the  end,  but  the  jurat 
and  space  for  the  signature  of  the  voter  need  not  be  numbered.  The 
horizontal  width  of  the  affidavit,  separate  from  any  and  all  margin, 
shall  not  be  less  than  seven  and  one-half  inches,  and  the  margin  upon 
all  sides  and  at  top  and  bottom  shall  be  of  such  width  as  may  be 
determined  by  the  clerk  or  registrar  of  voters.  The  words  "Affidavit 
of  Registration"  shall  be  not  less  than  twenty-four  point  blackface 
type.  Pen  and  ink  or  indelible  pencil  must  be  used  in  making  the  por- 
tions of  the  affidavit  which  are  not  printed.  The  matter  in  the  body 
of  the  affidavit,  where  the  size  of  type  is  not  otherwise  specified,  shall 
be  not  less  than  ten  point  plain  faced  type,  save  that  words  inserted 
in  parentheses,  which  are  for  the  information  or  instruction  of  the 
deputies  or  registration  clerks,  may  be  in  smaller  type,  at  the  discre- 
tion of  the  county  clerk  or  registrar  of  voters.  Subject  to  the  fore- 
going provisions  the  body  of  said  affidavit  shall  be  substantially  in  the 
following  form: 


§  1097  POLITICAL    CODE.  352 

""^r  """""l..^.......,..  I '     AFflDAVIT  Of  REGISTRATION. 


CotSTV   OF    (Injtrl  County  or  Cily  an-i  Counly).     \ 


The  undereigned  affiant,  being  dnly  cworn,  tavs:  I  am  or  will  be  a  citizen  of  the  United  State?  at  Ie»«t  ninctr  dayi 
prior  to  the  next  succeeding  election,  and  will  be  at  least  twentj-one  yeara  oi  age  at  the  time  of  said  oeu  succeeding  election. 

1  My  full  name  is    .  ^ 

( iDclufliOK  rtirisliao  or  citmi  oune.  aod  ibmMI«  oamt  or  inilMl.  if  utj.  mti  chriMiao  or  fivca  aame,  if  Ibe  aamf  of  a  vocoatt. 
fo  be  prv^^^'<l  hy  tb'  4**icoatioa  of  >l^a  or  Mn..  as  lb«  caae  may  br  t 

2  Sex      and  Occupation .- 

.3     My  bright  is  , teet,  inch.-^ 

•1  .My  country  or  state  of  nativity  i^    

a  My  place  of  rtsidtiKf  is I  r.    ii  i    .    .    street 

C  between !*'  r'-rl« Floor,   Ri<oin 

7  I  am  the  proprietor  or  head  of  the  house,  or  the  wif«  "r  liu«>>and  of  «i!rh  proprietor. 

8  My  post  office  address  is  .J..' .. j 

9  I  intend  t(5  affiliate  at  the  ensuing  primary  election  with  tl.<. Tarty, 

,n   \    Na.ura.Ur.1  }    »=>««    l"''"}^^! ■^l^.:. State  0*    ..../V-.J 

)      by  court.     / 

(  )  Such  certificate  of  naturalization  was  issued  ninety  day"  prior  to  the  neit  surcr^sding  flection. 

11  Said  certificate  of  naturaliialion  is lost  or  out  of  my  ()OS«f.»ion.     It  has  not  been  revoked. 

12  '   "b*'?"!!''^   I       ^  became  a  cilijcn  by  virtue  ol   the    naluralii.tlinn   o<  my   (atlier,  which    look  place  during   mj 
/ naiural'iiaiion  I   minority,  and  I  began  to  reaide  permanently  in  the  L'nit<-d  Slates  while  such  minox  child. 

f  II  liecamo  a   ciliicn  by  virtue  -.i    my  marrian*   to  a  ciliien  of    the  United  Stale*,  or   a  pervon  xho 

I  Kaiiiraliinl   (  btcnnic  a  ciliien  of  the  Unite-l  Sljtis  l>v  naturalization,  and  my  citizenship  has  not  bcin  lost. 

('*'"»"'"""    ( 

/     Date  of  sai.l  niarriag.-  .    N.inK- of  hurband    


13 


14     I  am  not  regislcrctl  in  any  olhvr  county  in  ini^  --i.itv. 

am  able  to  read  the  (xinstitntion  in  the  English  languagf 

am able  to  « rite  my  name. 

was more  than  sixty  years  of  age  NovcmbotS,  1S9-I.      (t«i»»n.«»r.^i  ii.'.».iiii.r  ■.■    .  i«,......rH  r.cti..c:t  > 

can mark  mv  ballot,  by  reason  of  physical  disabilitr,  viz.. 

(lIRnlbJanIt  iablli-J  oot  by  aunl  '  ool."  .lairKalut^oldbabilily  ir  .   i 

(  1  have  resided  in  the  UnilcJ  States  five  years  next  preceding  the  lime  of  application  and  «ill  hare  raaided  in  thi 
19  <  slate  one  year,  and  in  said  county  ninety  il.iys,  and  in  said  precinct  thirty  days  neat  preceding  the  Dczl  ensu 
(  rit'cliun,  and  uill  be  an  elector  of  said  county  al  the  next  sucvfoling  ek-cttoo. 


Subscribed  and  sworn  to  before  me  this 
day  of  


...A 

(.Ipplicant  •!(&  b«r«) 

,  County  Clerk  (or  Registrar  of  Voters). 

,  Deputy  Clirk  (or  Deputy  Registrar  of  Voter*). 

[Amemlment  approvctl  June  14,  1913;  Stats.  1913,  p.  1174.] 

Also    aiDPnded    May    1,    1911    (Stats.    1911,    p.    1442),    and    January    9.    19i: 
(Stats.  Ex.  Sess.  1911,  p.  196). 


353  POLITICAL  CODE.  §§  1097a-110o 

'  Reglslr.iUon  of  person  gaining  citizenship  through  father. 

§  1097a..  The  affidavit  of  registration  of  any  person  who  is  a  citi/.en 
of  the  United  States  by  virtue  of  his  father  being  a  citizen  thereof  at 
the  time  of  his  birth  shall,  in  lieu  of  the  statements  regarding  nat- 
uralization required  by  the  provisions  of  sections  1096  and  1097  of  the 
Political  Code,  contain  the  following  statement,  to  wit:  I  am  a  citizen 
of  the  United  States  by  virtue  of  my  father  being  a  citizen  thereof  at 
the  time  of  ray  birth,  and  ray  father  has  resided  in  the  United  States. 
Said  affidavit  of  registration  shall  also  contain  the  statement  that  said 
person  is  or  would  be  an  elector  of  the  county,  or  city  and  county,  at 
the  next  ensuing  election,  and  shall  also  contain  all  the  other  state- 
ments required  by  said  sections"  1096  and  1097  of  the  Political  Code, 
excepting  those  regarding  naturalization.  The  name  of  such  persons 
must  thereupon  be  entered  by  the  officer  charged  with  the  registration 
of  voters.     [New  section  approved  May  20,  1913;  Stats.  1913.  p.  231.] 

Cancellation  of  entry. 

§  1105.  Cancellation  is  made  by  writing  on  the  affidavit  of  registra- 
tion, the  word  "Canceled"  and  the  reason  therefor.  [Amendment  ap- 
proved April  12,  1911 J  Stats.  1911,  p.  890.] 

Cases  in  which  entry  of  name  in  great  register  must  he  canceled. 
§  1106.     The  clerk  must  cancel  the  entry  in  the  following  cases: 

1.  At  the  request  of  the  party  registered. 

2.  When  he  knows  of  the  death  or  removal  of  the  person  registered. 

3.  When  the  insanity  of  the  person  registered  is  legally  established. 

4.  Upon  the  production  of  a  certified  copy  of  a  judgment  of  the  con- 
viction of  any  elector  of  any  infamous  crime,  or  of  the  embezzlement 
or  misappropriation  of  any  public  money,  in  full  force  against  the  per- 
son registered,  upon  information  of  such  conviction,  obtained  as  here- 
inafter provided. 

5.  Upon  the  production  of  a  certified  copy  of  a  judgment  directing 
the  cancellation  to  be  made. 

6.  Upon  a  certificate  of  the  board  of  election  of  any  precinct,  sent 
up  with  the  election  returns,  stating  the  death  or  removal,  within  their 
,own  knowledge,  of  the  person  registered. 

7.  When  it  appears  by  the  returns  made  by  the  board  and  clerks  of 
election  that  the  respective  party  did  not  vote  during  the  next  preced- 
ing two  years  at  any  general  or  special  election. 

8.  The  clerk  shall  "cancel  upon  the  great  register  every  name  found 
thereon  which  is  found  upon  the  register  of  deaths  provided  for  by  law. 

9.  Every  judge  before  whom  proceedings  were  had,  which  result  in 
any  person  being  declared  incapable  of  taking  care  of  himself  and 
managing  his  property,  and  for  whom  a  guardian  of  his  person  and 
estate  is  accordingly  'appointed,  or  which  result  in  such  person  being 
committed  to  a  state  insane  asylum  as  an  insane  person,  shall  file  with 

23 


§§  1106a-1113  POLiTic-VL  CODE.  354 

the  county  clerk  a  certificate  of  that  fact,  and  thereupon  the  clerk  shall 
cancel  the  name  of  such  person  upon  the  great  register  if  found  thereon. 
10.  The  county  clerk  shall  also,  in  the  first  week  o'f  September  in 
each'  year,  examine  the  records  of  the  courts  having  jurisdiction  in 
case  of  infamous  crimes  and  the  embezzlement  or  misappropriation  of 
public  money  within  his  county,  and  cancel  upon  the  great  register  the 
names  of  all  persons  appearing  thereon  who  shall  have  been  convicted 
of  an  infamous  crime,  or  of  the  embezzlement  or  misappropriation  of 
public  money  in  such  court,  and  which  conviction  shall  have  been  car- 
ried into  effect.  [Amendment  approved  January  22,  1912;  Stats.  Ex. 
Sess.  1911,  p.  243.] 

Cancellation  of  registration  of  persons  convicted  of  infamous  crimes. 

§  1106a^  In  any  county  or  city  and  county  where  there  .shall  he  a 
registrar  of  voters,  the  county  clerk  of  such  county  or  city  and  county 
shall  furnish  to  such  registrar  of  voters  before  the  first  day  of  Sep- 
tember of  each  year,  a  statement  taken  from  the  records  of  the  courts 
havjng  jurisdiction  in  cases  of  infamous  crimes  and  the  embezzlement 
or  misappropriation  of  public  moneys  within  his  county,  showing  the 
names  of  all  persons  appearing  from  such  records  to  have  been  convicted 
of  an  infamous  crime,  or  of  the  embezzlement  or  misappropriation  of 
public  money,  in  such  court  during  the  year  prior  to  such  first  dfiy  of 
September,  and  which  conviction  shall  have  been  carried  into  effect, 
and  such  registrar  of  voters  shall  thereupon  during  the  first  week  of 
September  in  each  year,  cancel  the  aflidavits  of  registration  of  such  per- 
sons. The  county  clerk  shall  certify  the  said  statement  under  the  seal 
of  his  office.     [New  section  approved  May  1,  1911;  Stats.  1911,  p,  1444.] 

Compelling  registration. 

§  1108.  If  tlic  clerk  refuses  to  register  any  qualified  elector  in  the 
county,  such  elector  may  proceed  by  action  in  the  superior  court  to  com- 
pel sucii  registration.      [Amendment  approved  April  12,  1911;  Stats.  1911, 

p.  SflO.] 

Compelling  cancellation. 

§  1109.  Any  person  may  proceed  by  action  in  the  superior  court  to 
comjiel  the  clerk  to  cancel  any  registration  made  illegally,  or  that  ouglit 
to  be  canceled  by  reason  of  facts  that  have  occurred  subsequent  to  the 
time  of  such  registration;  but  if  the  person  whose  name  is  sought  to  be 
canceled  be  not  a  party  to  the  action,  the  court  may  order  him  to  be 
made  a  partv  defendant.  [Amendment  approved  April  12,  1911;  Stat5. 
1911,  p.  890.] 

Clerk  to  arrange  affidavits  of  registration  by  precincts. 

§  1113.  Within  five  days  after  the  last  day  of  registration,  the  clerk 
jhall  arrange  the  affidavits  of  registration  for  each  precinct  alphabet- 
ically by  surnames,  and  number  the  same,  beginning  with  one  in  each 
case,  and  bind  the  same,  or  cause  them  to  be  boun>l,  into  a  book  by 
fastening   the    left-hand    edges    together   with    a   staple,   wire,   thread    or 


355  POLITICAL  CODE.  §§  1115-1120 

other  suitable  material;  he  shall  at  the  same  time  treat  the  duplicate 
affidavits  of  registration  in  the  same  manner.  [Amendment  approved 
April  12,  1911;  Stats.  1911,  p.  891.] 

Index  to  registers.     Copies  for  candidates.     General  index. 

§  1115.  Within  five  days  after  the  binding  of  said  books  the  clerk 
shall  prepare  an  index  of  each  book,  said  index  to  contain  the  numbers, 
names,  occupations,  addresses,  and  political  affiliations  as  they  appear 
in  said  books.  Such  names  shall  include  Christian  or  given  names,  the 
middle  name  or  initial,  if  any;  and,  if  the  name  be  that  of  a  woman, 
Ruch  name  shall  be  preceded  by  the  designation  of  "Miss"  or  "Mrs.,"  as 
the  case  may  be.  The  clerk  shall  have  at  least  one  hundred  copies  of 
said  index  printed  for  the  use  of  said  county,  and  he  shall  have  printed 
and  shall  furnish  to  the  municipalities  vpithin  said  county,  such  addi- 
tional number  of  copies  thereof,  not  exceeding  fifty,  as  the  governing 
body  of  such  municipalities  shall  by  resolution  require.  The  county 
clerk  shall  furnish  upon  vrritten  or  oral  demand  to  every  candidate, 
who  is  to  be  voted  for  in  said  county,  city,  or  city  and  county  or  any 
political  subdivision  of  said  county,  city,  or  city  and  county,  an  index 
of  the  registration,  for  such  primary  and  general  elections  in  which 
said  candidate  will  participate,  at  a  cost  of  ten  cents  per  thousand 
names.  All  such  moneys  collected  shall  be  deposited  in  the  county 
treasury,  to  the  credit  of  the  general  fund.  The  number  of  copies  of 
said  index  necessary  to  be  printed  shall  apply  only  to  the  index  pre- 
pared for  use  at  general  elections.  In  counties  where  indexes  are  pre- 
pared for  primary  elections,  a  smaller  number  of  such  indexes  may  be 
printed.  The  clerk  shall  have  bound  together  in  one  or  more  volumes, 
a  general  index  of  said  books  arranged  alphabetically  by  precinct,  and 
shall  keep  at  least  one  copy  of  said  general  index  in  his  office  for 
public  reference.  [Amendment  approved  June  14,  1913;  Stats.  1913, 
p.  1171.] 

Also   amended    April   12,    1911    (Stats.    1911,  p.    891),    and   January   12,    1912 
(Stats.  Ex.   Sess.   1911,  p.  222). 

Evidence  that  person  is  an  elector. 

§  1117.  A  certified  copy  of  an  uncanceled  affidavit  of  registration  is 
prima  facie  evidence  that  the  person  named  in  the  entry  is  an  elector 
of  the  county.  [Amendment  approved  April  12,  1911;  Stats.  1911, 
p.  891.] 

Primary  elections,  qualifications  and  registration  of  voters  at. 
§  1118.      [Repealed  May  1,  1911;  Stats.  1911,  p.  1392.] 

Primary  elections.    Registration  office  to  be  open  fifty  days. 
§  1119.      [Repealed  May  1,  1911;  Stats.  1911,  p.  1392.] 

Persons  entitled  to  vote. 

§  1120.  All  persons  shall  be  entitled  to  vote  at  the  elections  men- 
tioned in  section  1044  of  this  code,  who  come  within  the  terms  or  com- 
ply with  the  requirements  of  this  section. 


§  1121  POLITICAL    CODE.  356 

1.  Every  persnii  who  was  a  qualified  elector  at  the  general  state  elec- 
tion immediately  preceding  the  holding  of  any  of  the  elections  mentioned 
in  section  1044  of  this  code,  and  who  was  registered  as  required  by  law 
as  a  qualified  elector  of  any  one  of  the  precincts  which  together  com- 
pose the  special  election  or  consolidated  election  precincts,  and  who 
continues  to  reside  within  the  exterior  boundaries  of  such  special  elec- 
tion or  consolidated  election  precinct,  until  the  time  of  holding  of  the 
election  provided  for  and  held  under  said  section  1044,  shall  be  entitled 
to  vote  at  said  election,  without  other  or  additional  registration  except 
as  provided  in  the  second  paragraph  of  this  section.  All  other  persons, 
in  order  to  be  entitled  to  vote  at  any  of  the  elections  provided  for  in 
said  section  1044,  must  be  registered  in  the  manner  required  by  sec- 
tions 1094,  1096  and  1097  of  this  code,  as  an  elector  of  and  within  one 
of  the  precincts  which  compose  the  special  election  or  consolidated  pre- 
cinct wherein  he  claims  to  be  entitled  to  vote.  Such  registration  must 
be  made  and  had  in  accordance  with  the  provisions  of  sections  1094, 
1096  and  1097  of  the  Political  Code;  provided,  that  such  registration 
shall  be  in  progress  at  all  times  except  during  the  thirty  days  im- 
mediately preceding  any  such  municipal  or  special  election  held  under 
said  section  1044  of  this  code. 

2.  "Where  any  of  the  elections  mentioned  in  section  1044  of  this  code 
is  held  in  an  even-numbered  year  and  between  the  first  day  in  April 
and  the  date  of  the  general  state  election  held  that  year,  any  person  to 
be  entitled  to  vote  at  such  election  mentioned  in  section  1044  of  this 
code  must  have  been  registered  during  said  even-numbered  year  in  the 
manner  required  by  sections  1094,  lu96  and  1097  of  this  code  as  an 
elector  of  and  within  one  of  the  precincts  which  compose  the  special 
election  or  consolidated  precinct  wherein  he  claims  to  be  entitled  to 
vote.      [Amendment   approved  June   16,   1913;   Stats.   1913,   p.   1441.] 

Also  amended  May  1,    1911    (Stats.   1911.  p.   1392). 

Beglster  used  to  consist  of  original  affidavits.     Name  must  be  registered. 

§  1121.  The  register  used  nt  each  special  election  or  consolidateti  elec- 
tion precinct,  at  the  elections  proviiled  for  in  section  1044  of  this  code, 
provided,  such  elections  are  not  held  between  the  first  day  in  April  and 
the  date  of  the  general  state  election  in  any  even-numbered  year,  shall 
consist  of  the  original  affidavits  of  registration  for  the  territory  consti- 
tuting such  special  election  or  consolidated  election  precinct,  at  the  last 
general  state  election  immediately  preceding  the  holding  of  the  election 
provided  for  in  said  sectiuu  1044,  together  with  a  supplement  or  supple- 
ments showing  the  additional  names  of  the  persons  who  by  registration 
have  since  such  general  state  election  become  entitled  to  vote  at  any 
of  the  elections  to  be  held  in  such  precinct,  under  said  section  1044  of 
this  code.  In  the  event  that  precinct  registers  were  used  at  the  last 
preceding  general  state  election,  then  it  shall  be  the  duty  of  the  county 
clerk  or  person  clothed  with  the  authority  for  the  registration  of  voters, 
to  furnish  such  original  affidavits   of  registration   with  the  supplements 


357  POLITICAL   CODE.  §  1142 

aforesaid,  for  each  of  the  special  election  or  consolidated  precincts,  to  the 
boards  of  election,  respectively,  in  and  for  each  such  election  precinct. 
No  person  shall  be  entitled  to  vote  at  any  such  election  provided  for 
in  said  section  1044  of  this  code,  unless  his  name  is  registered  by  such 
original  affidavit  of  registration,  in  the  precinct  within  the  exterior 
lioundaries  of  the  election  precinct,  or  unless,  according  to  the  consti- 
tution and  laws  of  this  state,  he  is  entitled  to  vote  thereat.  If  any 
t'U'ction  provided  for  in  section  1044  of  this  code  is  held  between  the 
first  day  in  April  and  the  date  of  the  general  state  election  in  any 
even-numbered  year,  the  register  used  at  each  special  or  consolidated 
election  precinct  at  such  election  shall  consist  of  the  original  affidavits 
of  registration  of  those  who  had  registered  from  the  territory  consti- 
tuting such  special  or  consolidated  election  precinct  in  said  even- 
numbered  year  and  at  least  thirty  days  prior  to  such  election. 
[.\mendment  approved  June  16,  1913;  Stats'.  1913,  p.  1441.] 

Appointment  of  election  boards.  Apportioned  to  parties.  Absence  from 
polling  place.  Persons  not  eligible.  Penalty. 
§  1142.  When  an  election  board  is  ordered,  the  board  of  supervisors,  or 
other  board  having  charge  and  control  of  elections  in  each  of  the  counties, 
and  cities  and  counties,  of  the  state  must  appoint  officers  of  election  board 
from  the  registered  electors  of  each  precinct  to  serve  as  election  officers 
only  in  the  election  precinct  in  which  they  are  registered  and  actually 
reside  to  constitute  the  election  board  for  such  precinct,  which  shall 
consist  of  two  inspectors,  two  judges,  two  clerks;  provided,  that  in  any 
precinct  which  has  a  total  registration  of  less  than  seventy-five  voters, 
the  election  board  may,  in  the  discretion  of  the  board  of  supervisors 
or  other  board  having  charge  and  control  of  elections  in  such  pre- 
cinct, consist  of  one  inspector,  one  judge,  and  two  clerks.  The  in- 
spectors, judges  and  clerks  so  appointed  shall  constitute  a  board  of  elec- 
tion for  such  precinct.  At  all  primary  and  general  elections  the  mem- 
bers of  election  boards  shall  be  apportioned  first  to  each  or  any  party 
having  fifteen  per  cent  or  over  of  the  registration  designated  in  its  name 
on  the  great  register  of  the  county,  one  member  of  the  board  for  every 
such  fifteen  per  cent  of  registration;  provided,  that  if  it  should  happen 
that  there  is,  after  giving  one  member  for  each  fifteen  per  cent  and 
multiple  thereof,  one  more  member  to  be  appointed,  such  member  shall 
be  appointed  from  the  party  next  highest  on  the  great  register  not 
represented  on  the  board.  If  two  remain  to  be  appointed,  the  second 
one  shall  be  appointed  from  the  party  having  the  highest  fraction  of 
fifteen  not  already  represented  on  the  board.  If  there  should  be  only  two 
parties  represented  on  the  great  register  and  there  is  another  member 
of  the  board  to  be  appointed  after  the  fifteen  per  cent  and  multiples  are 
represented,  such  member  shall  be  appointed  from  the  party  having  the 
highest  fraction  of  fifteen  per  cent.  The  inspectors,  judges  and  clerks 
upon  each  board  of  election  shall  distribute  the  extra  duties  devolving 
upon   such  board   of   election,   in   addition   to   their   own   duties,   in   such 


§§  1145-1151  POLITICAL   CODE.  358 

a  manner  as  they  themselves  shall  deem  most  advantageous,  and  such 
extra  duties  assigned  to  the  several  officers  or  clerks  of  boards  of  election 
by  other  sections  of  this  code  shall  be  performed  by  the  members  of  each 
board  as  the  said  duties  have  been  distributed  in  accordance  with  this 
provision.  Not  more  than  two  members  of  any  board  of  election  shall 
be  absent  from  the  polling  place  at  any  one  time.  And  such  board  of 
supervisors  or  other  board  having  charge  of  elections  must  notify  each 
person  appointed  as  a  member  of  an  election  board,  by  written  notice 
mailed  to  such  person  at  the  address  shown  on  the  affidavit  of  registra- 
tion, at  least  seven  days  before  the  election,  and  must  publish  the  names 
of  such  electors  who  constitute  the  board  of  elections  for  such  election 
jjrecinet,  in  some  newspaper  published  in  the  county  or  city  and  county 
where  the  election  is  to  be  held  for  two  successive  issues,  the  last  pub- 
lication to  be  at  least  one  week  before  the  day  such  election  is  to  be 
held.  Such  board  of  election  shall  canvass  the  votes  for  such  precinct, 
and  must  be  present  at  the  closing  of  the  pulls.  The  members  of  said 
board  shall  relieve  each  other  in  the  duties  of  canvassing  the  ballots, 
which  may  be  conducted  by  at  least  half  of  the  whole  number;  but  the 
final  certificate  shall  be  signed  by  a  majority  of  the  whole.  No  person 
shall  be  eligible  to  act  as  an  officer  of  election  at  any  precinct  who  has 
been  employed  in  any  capacity  by  the  county,  city  and  county,  incor- 
porated city  or  town  in  which  an  election  is  held,  within  ninety  days 
preceding  such  election.  No  person  shall  be  eligible  to  act  as  a  member 
of  any  election  board,  or  as  a  clerk  upon  such  board,  who  cannot  read  and 
write  tlie  English  language.  Any  person  acting  as  a  member  of  any  elec- 
tion board,  or  as  a  clerk  upon  such  board,  who  cannot  read  and  write  the 
English  language,  and  any  person  who  refuses  to  act  upon  suf'h  board,  or 
as  a  clerk  thereof,  after  proper  notification  of  his  appointment,  who  is 
otherwise  eligible,  unless  good  and  sufficient  cause  for  such  refusal  is  shown 
to  the  election  board  or  to  the  board  of  supervisors,  shall  be  guilty  of 
a  misdemeanor,  and  upon  conviction  shall  be  subject  to  a  fine  of  five 
hundred  dollars,  and  upon  failure  to  pay  said  fine  shall  be  imprisoned  in 
the  county  jail  of  such  county,  or  city  and  county  for  the  period  of  one 
dav  for  each  dollar  of  said  fine.  [Amendment  approved  June  14,  1913; 
Stats.  1913,  p.  11(55.] 

Also    amended   April    12,    1911    (Stats.    1911,    p.    891),    and   January    2,    1912 
(Stats.   Kx    Sess.   1911,    p.    18G). 
Citations.      Cal.  163/343. 

Powers  of  election  inspectors. 
§  1145.     Tlie  inspectors  may: 

1.  Administer  all  oaths  required  in  the  progress  of  an  election. 

2.  Appoint  judges  and  clerks,  if,  during  the  progress  of  an  election,  any 
judge  or  clerk  ceases  to  act.  or  becomes  incapacitated  from  acting. 
[Amendment  approved  May  1,   1911;   Stats.   1911,  p.  1444.] 

Board  of  election  for  special  election  precincts.     Poll  list  and  tally  list. 

§  1151.  The  board  or  governing  body  charged  with  the  conduct  of 
elections  shall  appoint  a  board  of  elections  for  each  special  elfcctiou  or 


359  POLITICAL  CODE.  §§  1160-1188 

consolidated  election  precinct,  to  consist  of  two  inspectors,  two  judges, 
and  two  clerks,  for  each  municipal  election  provided  for  by  section  1044  of 
this  code,  and  a  board  of  election  for  each  such  precinct  to  consist  of  one 
inspector,  one  judge,  and  two  clerks,  for  every  special  election  provided 
for  in  said  section  1044  of  this  code,  who  shall  apportion  among  them- 
selves the  work  and  labor  required  to  conduct  such  election  within  their 
respective  election  precincts.  But  one  poll  list,  one  tally  list,  and  one 
copy  of  such  tally  list  as  provided  for  in  section  1261  of  the  Political 
Code  need  be  kept,,  and  but  one  book  of  original  aflidavits  of  registra- 
tion. These  shall  be  returned  to  the  proj)er  officers  with  the  official 
returns,  in  the  same  manner  provided  for  the  returns  at  a  general  elec- 
tion. Said  election  officers  are  to  be  apportioned  equally  between  the 
two  political  parties  which,  respectively,  cast  the  highest  and  next  highest 
number  of  votes  for  governor  at  the  last  preceding  general  state  election. 
[Amendment  approved  January  9,  1912;  Stats.  Ex.  Sess.  1911,  p.  186.] 

Opening    and   closing    of   polls. 

§  1160.  The  polls  must  be  opened  at  6  o'clock  A.  M.  of  the  day 
of  election,  and  must  be  kept  open  until  7  o'clock  P.  M.  of  the  same 
day,  when  the  polls  shall  be  closed,  except  as  provided  in  section  1164 
of  this  code.     [Amendment  approved  May  22,  1913;  Stats.  1913,  p.  219.] 

Proclamation    on   closing. 

§  1164.  When  the  polls  are  closed,  that  fact  must  be  proclaimed 
aloud  at  the  place  of  election;  and  after  such  proclamation,  no  ballot 
inust  be  received;  provided,  however,  that  if  at  the  hour  of  closing 
there  are  any  other  voters  in  the  polling  place,  or  in  line  at  the  door, 
who  are  qualified  to  vote  and  have  not  been  able  to  do  so  since  ap- 
pearing, the  polls  shall  be  kept  open  a  sufficient  time  to  enable  them 
to  vote.  But  no  one  who  shall  arrive  at  the  polling  place  after  7 
o'clock  in  the  afternoon  shall  be  entitled  to  vote,  although  the  polls 
mav  be  open  when  he  arrives.  [Amendment  approved  May  22,  1913; 
Stats.    1913,    p.    219.] 

§  1174. 

Citations.      Cal.   155/297. 

Nomination    of    candidates    for    public    office. 

§  1186.      [Repealed   May   1,   1911;   Stats.   1911,  p.   1393.] 
Citations.      Cal.   155/299. 

Nominations,    certifying    of. 

§  1187.     [Repealed   May    1,    1911;    Stats.    1911,   p.   1393.] 

Nomination  of  candidates  otherwise  than  by  primary.     Law  that  gov- 
erns.    Signers.     Name   on  ballot. 
§  1188,     A  candidate   for   any  public   office  for  which  no   nonpartisan 
candidate   has   been   nominated   at   any   primary   election   may  be   nomi- 
nated  subsequent  to   said   primary   election,   or  in   lieu   of   any   primary 


g§  1189-1192  POLITICAL  CODE.  3G0 

election,  in  the  manner  following:  a  nomination  paper  containing  the 
name  of  the  candidate  to  be  nominated,  with  other  information  required 
to  be  given  in  the  nomination  papers  provided  for  in  the  direct  primarv 
law  enacted  at  the  fortieth  session  of  the  le^slatur''  of  the  state  of  Cali- 
fornia, shall  be  signed  by  electors  residing  within  the  district  or  political 
Bubdivisioii  for  which  the  candidate  is  to  be  presented,  equal  in  num- 
ber to  at  least  one  per  cent  of  the  entire  vote  cast  at  the  last  preceding 
general  election  in  the  state,  district  or  political  subdivision  for  which 
the  nomination  is  to  be  made,  subject  to  the  restrictions  contained  in 
said  direct  primary  law.  For  the  purposes  of  this  secTion  the  provisions 
of  said  direct  primary  law,  as  said  sections  apply  to  the  nominees  for 
judicial,  school,  county,  and  township  officers,  shall  substantially  govern 
as  to  the  manner  of  the  appointment  of  verification  lieputies,  the  form 
of  nomination  papers  and  the  securing  of  signatures  thereto,  the  fasten 
ing  together  of  sections  of  the  nomination  papers  containing  such  signa- 
tures, and  the  filing  thereof  with  the  county  clerk,  or  the  certification 
thereto  by  the  county  clerk  and  transmission  thereof  to  the  secretary 
of  state,  as  the  case  may  be,  the  payment  of  a  filing  fee,  and  all  other 
things  necessarj*  to  get  the  name  of  a  candidate  under  this  section  upon 
the  ballot,  except  that  such  provisions  shall  be  directed  toward  getting 
the  candidate's  name  on  the  ballot  for  a  general  or  municipal  election, 
and  not  on  the  ballot  for  nomination  at  a  primary  election.  In  ad<lition 
to  the  other  matter  required  to  be  set  forth  on  the  candidate's  nomina- 
tion paper,  it  must  also  be  set  forth  that  each  signer  thereof  has  not 
voted  at  any  primary  election  at  which  a  candidate  was  nominated  for 
the   public    office   mentioned   in    the   said   certificate. 

Upon  the  filing  of  a  sufficient  nomination  paper  by  any  candidate 
nominated  under  the  provisions  of  this  section  and  the  payment  of  the 
filing  fees  as  horcinbefure  ])rovided,  the  name  of  such  candidate  shall  go 
upon  the  ballot  at  the  ensuing  general  or  municipal  election  aciordim; 
to  the  provisions  of  subdivision  2  of  section  1*197  of  this  code  for  the 
j>lacing  upon  the  ballot  of  names  of  candirlates  nominated  "by  petition." 
LAmeudment  approved  June  14,  191o;  8tats.  1013,  p.  1168.] 

Also  amendod  April   12.   1911    (Stats.   1911.  p.   897). 

Citations.      Cal.    155/783.    784,    785,    786.    787. 

Certificates  of  nomination,   filing  of. 

§  1189.      [Repealed  May  1,  1911;  Stats.  1911,  p.  1393.] 

Nominations,   limitation   upon. 

§  1190.      [Repealed  May   1,  1911;  Stats.  1911,  p.  1393.] 

Filing    of    nomination    certificates. 

§  1192.  C'ertitii-atos  of  nomination  required  to  be  filed  with  the  secre- 
tary of  state,  or  with  the  county  clerk,  shall  be  filed  not  more  than  sixty 
days  and  not  less  than  thirty-five  days  before  the  day  of  election,  when 
the  nomination  is  made  by  electors  as  provided  in  section   IISS  of  this 


;G1  POLITICAL    CODE.  §§1190-1105 

code.  Cortififates  of  nomination  required  to  lie  filed  with  the  clerk  or 
ijecretary  of  the  ie{?islati\'e  body  of  any  city  or  town,  shall  be  filed  not 
more  th;in  fifty  days  nor  less  than  twenty  days  before  the  day  of  elec- 
tion, when  the  nomination  is  made  by  electors  as  provided  in  section 
1188  of  this  code.  [Amendment  approved  .Tune  14,  1913;  Stats.  1913, 
p.  1168;] 

Also  amended  April   12,   1911    (Stats.   1911,  p.   893). 

Certifying  names  of  candidates. 

§  1193.     [Repealed  May  1,  1911;  Stats.  1911,  p.  1393.] 

Nominations  sent  to  county  committee. 

§  1194.      1  Repealed  May   1,   1911;   Stats.  1911,  p.   1393.] 

Statements  concerning  proposed  constitutional  amendments. 

§  1195.  Whenever  the  logisl.iture  shall  pro|iose  any  amendment  to 
the  constitution  of  this  state,  which  amendment  shall  have  been  passed 
in  the  manner  required  by  section  1  of  article  18  of  the  constitution, 
the  author  of  such  amendment  and  one  member  of  the  same  house  who 
voted  with  the  majority  on  the  submission  of  such  amendment  and  one 
member  of  the  same  house  as  the  author  who  voted  with  the  minority 
against  the  submission  of  such  amendment,  both  of  whom  shall  be  selected 
by  the  presiding  officer  of  such  house,  before  the  adjournment  of  the 
legislature  and  they  shall  within  one  year  after  the  adjournment  of  the 
legislature  prepare  a  brief  statement  showing  the  purpose  of  said  amend- 
ment, and  a  comparative  statement  of  the  operation  of  the  present 
section  or  article  of  the  constitution,  and  the  reasons  advanced  by  the 
majority  for  its  adoption,  and  the  reason  advanced  by  the  minority 
against  its  adoption,  and  any  other  reason  why  such  amendment  should 
be  adopted,  or  be  not  adopted,  and  forward  such  article  to  the  secretary 
of  state,  and  the  secretary  of  state  shall  cause  to  be  printed  at  the 
state  printing  office,  in  convenient  form,  one  and  one-half  times  as  many 
copies  of  such  statement  as  there  are  registered  voters  in  this  state, 
and  in  case  the  legislature  shall  submit  any  proposition  to  a  vote  by 
the  qualified  electors  of  the  state,  the  secretary  of  state  shall  duly,  and 
not  less  than  twenty-five  days  before  the  election  next  ensuing,  certify 
such  amendment  and  proposition  to  the  county  clerk  of  each  county  of 
the  state  and  shall  cause  to  be  printed  at  the  state  printing  office  one 
and  one-half  times  as  many  copies  of  said  amendment  and  proposition  as 
there  are  registered  voters  in  the  state,  and  at  least  thirty  days  before 
any  election  at  which  said  proposition  and  amendment  is  to  be  voted 
on  the  secretary  of  state  shall  furnish  each  county  clerk  in  the  state 
with  one  and  one-half  times  as  many  copies  of  said  amendment,  proposi- 
tion and  statement  as  there  are  registered  voters  in  his  county.  The 
clerk  of  each  county  shall  thereafter  cause  to  be  mailed  to  each  voter 
a  copy  of  such  amendment  or  proposition  and  of  said  statement,  at  the 
same  time,  in  the  same  manner  and  in  the  same  envelope  jirovided  for 


§§  1195a,  1196        POLITICAL  code.  362 

in  section  1210  of  ttis  code,  and  no  other  publication  of  said  amend- 
ment or  proposition  shall  be  necessarv  or  authorized.  [Amendment  ap- 
proved June  14,  1913;  Stats.  1913,  p.  "1167.] 

Contents  of  pamphlet  for  advertising  constitutional  amendments,  etc, 

§  1195a.  The  sheet  or  pamphlet  containing  the  proposed  constitutional 
amendments  provided  for  in  section  1195  of  this  code,  as  well  as  any 
question,  proposition  or  amendment  to  the  constitution  to  be  submitted 
to  the  people  by  either  initiative  or  referendum  petition,  shall  also  con- 
tain the  corresponding  constitutional  provisions  as  then  in  force,  if  any, 
and  the  parts  of  the  proposed  amendment  different  from  the  existing 
provisions  shall  therein  be  distinguished  in  print,  so  as  to  facilitate  com- 
parison. Three  copies  of  the  constitution,  in  the  form  of  pamphlets, 
to  be  supplied  by  the  secretary  of  state,  shall  be  kept  at  every  polling 
place,  while  an  election  is  in  progress,  so  that  they  may  be  freely  con 
suited  by  the  electors.  All  questions,  propositions  and  constitutional 
amendments  which  are  to  be  submitted  to  a  vote  of  the  electors  shall 
be  printed  on  said  sheets  or  pamphlets,  so  far  as  possible,  in  the  same 
manner  and  form  in  which  the  same  shall  be  designated  upon  the  ballot 
and  shall  be  designated  thereon  by  the  ballot  title  or  designation  which 
may  be  provided  therefor.  Said  ballot  title  shall  be  jirinted  on  the 
sheets  and  pamphlets  herein  referred  to  immediately  prior  to  the  par- 
ticular question,  yiroposition  or  constitutional  amendment  therein  re- 
ferred to.  There  shall  also  be  printed  on  said  sheets  and  pamphlets 
the  copy  of  said  ballot  title  or  designation  as  the  same  will  appear 
on  the  ballots  when  voted  on  in  the  order  and  with  the  proper  number 
which  ballot  title  or  designation  shall  be  the  method  by  which  said  ques- 
tions, propositions  and  constitutional  amendments  shall  be  designated  on 
the  ballots.     [Amendment  approved  June  14,  1913;  Stats.  1913,  p.  1156.] 

County     clerks     to     provide     ballots.     Separate     ballots.    Size.     Paper. 

Water-mark.     Secret  design.     When  changed.     Voter  may  write  in 

name. 
§  1196.  Except  as  in  this  code  otherwise  provided,  it  shall  be  the 
duty  of  the  county  clerk  of  each  county  to  provide  printed  ballots  for 
every  election  of  public  officers,  except  elections  for  city  or  town  officers, 
in  which  electors,  or  any  of  the  electors,  within  the  county,  participate, 
and  to  cause  to  be  printed  in  the  appropriate  ballot  the  name  of  every 
candidate  whose  name  has  been  certified  to  or  filed  with  the  county 
clerk,  in  the  manner  provided  for  by  law,  together  with  the  names  cer- 
tified by  the  secretary  of  state  to  have  received  in  the  respective  par- 
ties, the  highest  number  of  votes  for  United  States  senator.  Ballots 
other  than  those  printed  by  the  respective  county  clerks,  or  the  clerk 
or  secretary  of  the  legislative  body  of  any  incorporated  city  or  town, 
according  to  the  j>rovisions  of  this  code,  shall  not  be  cast  nor  counted 
at  any  election.  It  shall  be  the  duty  of  the  county  clerk  of  any  con- 
solidated city  and  county  to  provide  separate  ballots  for  every  election 


363  POLITICAL    CODE.  §  1197 

for  city  and  county  ofTiccrs  in  which  the  electors,  or  any  of  the  electors, 
of  such  city  and  county,  participate,  and  to  cause  to  be  printed  on  such 
separate  ballots  the  name  of  every  candidate  for  a  city  and  county 
office  whose  name  has  been  filed  with  the  proper  officer  in  the  manner 
provided  by  law.  It  shall  be  the  duty  of  the  clerk  or  secretary  of  the 
legislative  body  of  any  incorporated  city  or  town  to  provide  separate 
ballots  for  every  election  for  city  or  town  officers  in  which  the  electors, 
or  any  of  the  electors,  of  such  city  or  town,  participate,  and  to  cause 
to  be  printed  in  such  separate  ballots  the  name  of  every  candidate  whose 
name  has  been  filed  with  such  clerk  or  secretary  in  the  manner  pro- 
vided for  by  law.  All  ballots  shall  be  not  to  exceed  twenty-four  inches 
in  length,  and  shall  be  of  sufficient  width  to  contain  in  parallel  columns 
four  inches  in  width  the  names  of  all  candidates  nominated,  and  below 
the  printed  list  of  candidates  for  each  office,  the  necessary  blank  space 
or  spaces  to  permit  an  elector  to  write  in  the  names  of  persons  whose 
names  are  not  printed  on  the  ballot,  and  to  contain  in  a  separate  column 
or  columns  of  suflScient  width  statements  of  all  questions,  propositions 
or  constitutional  amendments  to  be  submitted  to  vote  of  the  electors, 
and  shall  be  printed  on  tinted  paper  furnished  by  the  secretary  of  state. 
It  shall  be  the  duty  of  the  secretary  of  state  to  obtain  and  keep  on  hand, 
a  sufficient  supply  of  paper  for  ballots,  and  to  furnish  the  same  in 
quantities  ordered,  to  any  county  clerk,  or  clerk  or  secretary  of  the  legis- 
lative body  of  any  incorporated  city  or  town,  upon  payment  by  them 
of  the  cost  of  such  paper.  Such  paper  shall  be  water-marked  with  a 
design  to  be  furnished  by  the  secretary  of  state,  in  such  manner  that 
the  said  water-mark  shall  be  plainly  discernible  on  the  outside  of  such 
ballot  when  folded  according  to  law.  Such  design  shall  be  kept  secret 
fi'om  all  persons  not  engaged  in  the  preparation,  printing  or  distribution 
of  the  paper  or  ballots,  until  the  day  of  election.  Such  design  shall  be 
changed  for  each  general  election,  and  the  same  design  shall  not  be  used 
again  at  any  general  election  within  the  space  of  fourteen  years;  but 
at  any  special  or  separate  local  election,  paper  marked  with  the  design 
used  at  the  previous  election  may  be  used.  Nothing  in  this  code  con- 
tained shall  prevent  any  voter  from  writing  upon  his  ballot  the  name 
of  any  person  for  whom  he  desires  to  vote  for  any  office  and  such  vote 
shall  be  counted  the"  same  as  if  printed  upon  the  ballot,  and  marked 
as  voted  for.     [Amendment  approved  March  20,  1911;  Stats.  1911,  p.  404.] 

One  form  of  ballot. 

§  1197.  1.  There  shall  be  provided  at  each  polling  place,  at  each 
election  at  which  public  officers  are  voted  for,  but  one  form  of  ballot 
for  all  the  candidates  for  public  office,  and  every  ballot  shall  contain 
the  names  of  all  the  candidates  whose  nominations  for  any  office  specified 
on  the  ballot  have  been  duly  made  and  not  withdrawn,  as  provided  by 
law,  together  with  the  title  of  the  office  arranged  to  conform  as  nearly 
as   practicable   to   the   plan   hereinafter   set  forth. 


§  1197  POLITICAL   CODE.  364 

Order  of  list  of  officers, 

2.  The  order  in  which  the  list  of  officers  shall  appear  on  the  ballot 
shall,  as  to  state  offices  and  district  offices,  when  the  district  includes 
more  than  one  county,  be  determined  by  the  secretary  of  state,  and 
shall  as  nearly  as  may  be  practicable,  be  the  same  for  all  counties.  The 
order  in  which  the  list  of  county  offices  or  district  offices  embracing  one 
county  or  less,  shall  appear  on  the  ballot,  shall  be  determined  by  the 
county  clerk. 

Officers  voted  for  throughout  state.     PresidentlaJ  electors.     Voting  space. 

Officers    voted    for    in  more    than    one    county.     Certifying    list    to 

county  clerks. 
(a)  If  the  office  is  an  office  the  candidates  for  which  are  to  be  voted 
on  throughout  the  entire  .=tate,  including  United  States  senator  in  con- 
gress, the  secretary  of  state  shall  arrange  the  names  of  all  candidates 
for  such  office  in  alphabetical  order  for  the  first  assembly  district;  and 
thereafter,  for  each  succeeding  assembly  district,  the  name  appearing 
first  for  each  office  in  the  last  preceding  district  shall  be  placed  last,  the 
order  of  the  other  names  remaining  unchanged;  proviiled,  however,  that 
the  names  of  candidates  for  the  office  of  electors  for  President  and  Vice- 
President  shall  be  arranged  in  groups  as  presented  in  the  several  cer- 
tificates of  nomination,  and  the  secretary  of  state  shall  arrange  such 
groups  for  the  first  assembly  district  in  the  alphabetical  order  of  the 
names  standing  at  the  head  of  each  of  su^h  groups  ns  the  first  name 
therein;  and,  thereafter,  for  each  succeeding  assembly  district,  the  group 
appearing  first  shall  be  placed  last,  the  order  of  the  groups  remaining 
unchanged;  but  the  order  of  the  names  within  each  of  the  several 
groups  shall  remain  the  same  as  presented  in  the  several  certificates 
of  nomination  and  shall  remain  the  same  for  all  assembly  districts.  A 
blank  column  one-half  inch  wide  shall  be  left  upon  the  ballot  opposite 
each  group  of  names  of  candidates  for  electors  for  president  and  vice- 
president,  and  to  the  right  of  the  column  of  voting  squares  for  the  in 
dividual  names  and  separated  from  it  by  a  light  dotted  line,  which  blank 
column  shall  contain  a  square  in  which  may  be  stamped  a  cross  (X) 
which  shall  be  counted  as  a  vote  for  each  and  every  name  in  the  group 
opposite.  Lengthwise  along  this  blank  column  shall  be  printed  in  heavy 
face  type  "A  cross  (X)  stamped  in  this  square  shall  be  counted  for 
each  name  of  the  group  to  the  left."  The  line  separating  any  group 
of  names  from  any  other  group  shall  be  heavier  than  any  line  separating 
the  individual  names  in  each  grouiv  and  shall  extend  across  the  blank 
column  provided  for  in  this  paragraph.  Below  the  top  line  of  this  ex- 
tension shall  be  printed  in  small  heavy  face  tyjie  the  words  "top  of 
groups,"  and  above  the  bottom  line  of  the  e.xtension,  the  words  "end  of 
group."  If  the  office  is  that  of  representative  in  congress,  or  is  an  office 
the  candidates  for  nomination  to  which  are  to  be  voted  on  in  more  than 
one  county  or  city  and  county,  but  not  throughout  the  entire  state,  ex- 
cept the  office  of  state  senator  or  assemblyman,  the  secretary  of  state 


3G5  POLITICAL  CODE.  §  1197 

shall  arrange  the  names  of  all  candidates  for  such  office  in  alphabetical 
cirder  for  that  assembly  district  which  is  lowest  in  numerical  order  of 
iny  assembly  district  in  which  such  candidates  are  to  be  voted  on,  and 
tlioreafter  for  each  succeeding  assenilily  district  in  which  such  candi- 
dates are  to  be  voted  on,  the  name  appearing  first  for  such  office  in  the 
last  preceding  district  shall  be  placed  last,  the  order  of  the  other  names 
remaining  unchanged. 

In  certifying  to  each  county  clerk  or  registrar  of  voters  the  list  of 
names  as  required  in  section  23  of  the  primary  election  law  the  secretary 
of  state  shall  certify  and  transmit  the  list  of  candidates  for  each  office 
according  to  assembly  districts  in  the  order  of  arrangement  as  deter- 
mined by  the  above  provisions;  and  in  case  of  each  county  or  city  and 
county  containing  more  than  one  assembly  district,  he  shall  transmit 
separate  lists  for  each  assembly  district.  Except  for  the  office  of  state 
senator  or  assemblyman,  the  order  in  which  the  names  so  certified  shall 
appear  upon  the  ballot,  shall  be  for  each  assembly  district  the  order  as 
determined  by  the  secretary  of  state  in  accordance  with  the  above  pro- 
visions, and  as  certified  and  transmitted  by  him  to  each  county  clerk 
or  registrar  of  voters. 

Officers  voted  for  in  one  comity. 

(b)  If  the  office  is  an  office  to  be  voted  on  wholly  within  one  county 
or  city  and  county,  except  the  office  of  representative  in  congress  or 
state  senator  or  assemblyman,  the  county  clerk  of  such  county  or  the 
registrar  of  voters  of  such  city  and  county,  shall  arrange  the  names  of 
all  candidates  for  such  office  in  alphabetical  order,  which  order  shall 
be  the  order  of  names  upon  the  ballots;  provided,  there  is  no  more  than 
one  assembly  district  in  such  county,  or  city  and  county.  If  there  is 
more  than  one  assembly  district  in  such  county  or  city  and  county,  the 
county  clerk  or  registrar  of  voters  shall  so  arrange  on  the  ballot  the 
order  of  names  of  all  candidates  for  such  office  that  they  shall  appear 
in  alphabetical  order  for  that  assembly  district  in  such  county,  or  city 
and  county,  which  is  lowest  in  numerical  order,  and  thereafter  for  each 
succeeding  assembly  district  in  such  county,  or  city  and  county,  the 
name  appearing  first  for  each  office  in  the  dast  preceding  assembly  dis- 
trict shall  be  placed  last,  the  order  of  the  other  names  remaining  un- 
changed. 

State  senator. 

(c)  If  the  office  is  that  of  state  senator  or  assemblyman,  the  names 
of  all  candidates  for  such  office  shall  be  placed  upon  the  ballot  in  alpha- 
betical order. 

City  officers. 

(d)  If  the  office  is  a  municipal  office  in  any  city  or  town  whose  charter 
does  not  provide  for  the  order  in  which  names  shall  appear  on  the 
ballot,  the  names  of  candidates  for  ?ueh  office  shall  be  placed  upon 
the  ballot  in  alphabetical  order.     If  the  nomination  of  a  candidate  for 


§  1197  POLITICAL   CODE.  366 

any  office  shall  be  made  by  petition,  filed  within  the  time  and  manner 
provided  by  law,  but  subsequent  to  the  determination  of  the  order  in 
which  names  of  candidates  shall  appear  on  the  ballot,  the  name  of  such 
candidate  with  the  word  "independent"  printed  to  the  right  thereof,  shall 
be  placed  on  the  Vjallot  next  below  the  names  of  the  other  candidates 
for  the  same  office;  provided,  however,  that  in  the  ease  of  .iudieial  officers 
and  school  officers  the  word  "independent"  shall  be  omitted. 

Propositions.  Titles.  Title  for  initiative  questions.  Statement  of  pur- 
pose of  measure.  Objection  to  title.  Board  of  title  commissioners. 
Determination  final. 
3.  The  order  in  which  all  questions  and  propositions  (including  pro- 
posed laws  and  constitutional  amendments,)  which  are  to  be  submitted 
to  the  vote  of  the  electors,  shall  appear  ipon  the  ballot  shall  be  de- 
termined by  the  secretary  of  state.  The  attorney  general  shall  provide 
and  return  to  the  secretary  of  state  a  ballot  title  or  designation  by 
which  all  such  questions,  jiropositions,  proposed  laws  and  constitutional 
amendments  shall  be  designated  upon  the  ballot;  provided,  however,  any 
person  who  is  interested  in  any  question,  proposition,  proposed  law  or 
constitutional  amendment,  the  petition  as  to  which  is  being  circulated 
for  the  purpose  of  having  the  same  submitted  under  an  initiative  peti- 
tion, as  provided  in  section  1  of  article  4  of  the  constitution,  to  a  vote 
of  the  electors,  or  any  proposed  constitutional  amendment  to  be  sub- 
mitted to  a  vote  of  the  electors,  may,  at  any  time  prior  to  one  hundred 
and  thirty  days  before  the  election  at  which  such  question,  proposition, 
proposed  law  or  constitutional  amendment  is  to  be  submitted  to  a  vote 
of  the  electors,  file  a  copy  of  said  question,  proposition,  proposed  law 
or  proposed  constitutional  amendment  with  the  secretary  of  state,  to- 
gether with  a  request  that  a  ballot  title  be  prepared  for  the  same; 
such  request  shall  be  accompanied  with  the  address  of  the  person  or 
association  of  persons  jiroposing  such  measure.  The  secretary  of  state 
shall  forthwith  transmit  a  copy  of  said  question,  proposition,  proposed 
law  or  constitutional  amendment  to  the  attorney  general.  Within  ten 
days  after  the  same  is  filed  with  him,  said  attorney  general  shall  provide 
and  return  to  the  secretary  of  state  a  ballot  title  for  said  measure.  The 
ballot  title  may  be  distinguished  from  the  legislative  or  other  title  of  the 
measure  and  shall  express  in  not  exceeding  one  hundred  words,  the  pur- 
jiose  of  the  measure.  In  making  such  ballot  title,  the  attorney  general 
shall  give  a  true  and  impartial  statement  of  the  purpose  of  the  measure 
and  in  such  language  that  the  ballot  title  shall  not  be  an  argument  or 
likely  to  create  prejudice  either  for  or  against  the  measure.  Imme- 
diately upon  receipt  of  the  ballot  title  as  prepared  by  the  attorney  gen- 
eral, the  secretary  of  state  shall  mail  to  any  and  all  persons  who  may 
have  requested  the  preparation  of  such  ballot  title,  a  notice  addressed 
to  such  person  or  persons  at  the  address  accompanying  such  request, 
stating  that  the  attorney  general  has  made  and  returned  such  ballot  title, 
which   notice  shall  also   contain   a  copy   of   the  ballot   title   as  prepared 


o(J7  POLITICAL   CODE.  §  1197 

by  the  attorney  general.  Any  person  who  is  dissatisfied  with  the  ballot 
title  prepared  by  the  attorney  general  for  any  such  question,  proposition, 
proposed  law  or  constitutional  amendment  may,  after  the  same  has  been 
returned  to  the  secretary  of  state  as  hereinbefore  provided,  and  within 
ten  days  after  said  notice  shall  have  been  mailed  by  the  secretary  of 
state,  as  above  provided,  filo  in  writing  with  the  secretary  of  state  his 
objections,  who  shall  forthwith  file  a  copy  of  such  question,  proposition, 
proposed  law  or  constitutional  amendment,  together  with  the  title  thereof 
as  so  prepared  by  the  attorney  general  and  the  said  objections  thereto, 
with  the  board  of  title  commissioners,  which  board  shall  consist  of  the 
j  three  justices  of  the  district  court  of  appeal  of  the  state  of  California, 
in  and  for  the  third  appellate  district,  who  shall  be  ex  officio  title  com- 
missioners for  the  purj)oses  of  this  act  and  which  board  is  hereby  created; 
said  board  shall  fix  a  time  at  which  any  person  may  be  heard  either  for 
or  against  the  objection  so  made  and  shall  notify  all  persons  of  the 
time  so  set  and  thereujion  said  board  of  title  commissioners  shall  pro- 
ceed to  consider  the  said  title  prepared  by  the  attorney  general  and  the 
I  objections  filed  thereto,  and  shall  prepare  a  title  by  which  such  ques- 
I  tion,  proposition,  proposed  law  or  constitutional  amendment  shall  be 
i  designated  upon  the  ballot.  Said  title  commissioners  shall  certify  the 
I  said  designation  to  the  secretary  of  state  within  ten  days  after  said 
written  objections  have  been  received  by  them.  The  determination  by 
the  said  board  of  title  commissioners  shall  be  final  and  conclusive. 
Such  questions,  propositions,  proposed  law  and  constitutional  amendments 
shall  be  designated  on  the  ballot  by  the  said  ballot  title  certified  to  the 
secretary  of  state  by  the  said  attorney  general,  or  in  case  a  different 
title  has  been  prepared,  certified  and  filed  by  the  said  board  of  title 
commissioners;  then  such  title  shall  be  the  title  aud  designation  by 
which  any  such  question,  proposition,  proposed  law  or  constitutional 
amendment  shall  be  designated  upon  the  ballot. 

Size  of  ballot,  etc. 

4.  All  ballots  shall  be  not  to  exceed  twenty-four  inches  in  length,  and 
shall  be  four  inches  in  width  and  as  many  times  such  width  as  may  be 
necessary  to  contain  the  names  of  all  candidates  nominated,  with  proper 
blank  spaces  to  allow  the  voter  to  write  in  names  not  printed  on  the 
ballot,  and  also  a  separate  column  or  columns  of  sufficient  width  for 
statements  of  all  questions,  propositions  or  constitutional  amendments 
submitted  to  vote  of  the  electors.  Each  group  of  candidates  to  be 
voted  on  shall  be  headed  by  the  designation  of  the  office  and  the  words 
"vote  for  one"  or  "vote  for  two"  or  more,  according  to  the  number  to 
be  selected  to  such  office;  such  designation  of  the  office  and  of  the  num- 
ber of  candidates  to  be  voted  for  shall  be  printed  in  heavy  faced  gothic 
type  not  smaller  than  ten  point.  The  word  or  words  designating  the 
office  shall  be  printed  flush  with  the  left-hand  margin  and  the  w^ords 
"vote  for  one"  or  "vote  for  two"  or  more,  as  the  case  may  be,  shall 
extend  to  the  extreme  right  of  the  column  and  over  the  voting  square. 


§  1197  POLITICAL   CODE.  368 

The  designation  of  the  office  and  the  «Jireetions  for  voting  shall  be  sepa- 
rated from  the  names  of  the  candidates  by  a  light  line.  The  names  of 
the  candidates  for  such  office  shall  be  printed  in  eight  point  reman  type 
(capitals)  in  proper  order  below  the  designation  of  the  office,  and  in 
the  same  line  in  which  the  name  of  the  candidate  is  printed  and  at  the 
right  of  the  name,  or  immediately  below  the  name  if  there  shall  not  be 
sufficient  spare  to  the  right  thereof,  shall  be  printed  in  eight  point 
roman  type  (lower  case)  the  designation  of  the  political  party  or  par- 
ties by  or  on  behalf  of  which  such  candidate  has  been  nominated;  pro- 
vided, that  when  a  candidate  has  been  nominated  by  petition,  the  word 
"independent"  shall  be  printed  to  the  right  of  his  name;  and  provided, 
also,  that  as  to  candidates  for  ju<licial  offices  and  school  offices  the 
designation  of  the  political  party  or  parties,  or  the  word  "independent," 
if  there  be  an  independent  candidnte,  shall  be  omitted.  The  name  of 
the  candidate,  and  the  designation  of  the  political  party  or  parties  by 
which  he  has  been  nominated  shall  be  printed  in  a  space  one-half  inch 
in  depth,  and  shall  be  defined  by  light  horizontal  ruled  lines,  with  a 
blank  space  on  the  right  thereof  one  half  inch  square,  which  blank 
space  (called  the  voting  square)  shall  be  made  use  of  by  the  voter  to 
designate,  by  stamping  a  cross  (X)  therein  and  after  the  name  of  the 
candidate,  his   choice   of  particular  candidates. 

Names  not  to  be  separated. 

5.  The  nniiies  of  the  candidates  for  an  office  shall  not  be  separated 
from  each  other  on  the  ballot  by  names  of  candiilates  for  any  other  office, 
aiid  the  list  of  candidates  for  each  office  shall  be  separated  from  the 
list  of  candidates  for  other  offi<  es  by  a  double  rule  above  and  below 
such  list.  Each  series  of  the  lists  of  candidates  for  the  several  offices 
shall  be  headed  by  the  word  "state,"  "congressional,"  "legislative," 
"county,"  or  "municipal"  or  other  proper  general  classification,  as  the 
case  may  be,  printed  in  heavy  faced  gothic  capital  type,  not  smaller 
than  twelve  point,  each  such  word  being  separated  from  the  names  of 
the  candidates  beneath  In'  a  three  point  line. 

Borders,     perforations,     etc.     Number.     "General     ticket."     "Municipal 
ticket." 

6.  The  left  hand  side  of  each  column  of  names  on  the  ballot  and  also 
the  right-hand  side  of  each  column  of  voting  squares,  shall  he  bordered 
by  a  broad  printed  line  one-twelfth  of  an  inch  wide,  and  the  edge  of 
the  ballot  on  the  left-hand  side  thereof  shall  be  trimmed  oflf  up  to  the 
first  border  or  solid  line  on  the  left-hand  side  of  the  ballot,  and  on  the 
right-hand  side  of  the  ballot  shall  be  perforated  along  the  border  or 
solid  line  above  described.  The  ballot  shall  be  so  printed  as  to  give 
each  voter  a  clear  opportunity  to  designate  by  stamping  a  cross  (X) 
in  a  blank  inclosed  space  hereinbefore  designated  as  the  voting  square, 
on  the  liyht  of  and  after  the  name  of  each  candi<late  whose  name  is 
printed  ou  the  ballot,  his  choice  of  particular  candidates,  or  his  choice 


369  POLITICAL   CODE.  §  1197 

of  each  and  all  of  a  group  of  candidates  as  provided  in  subdivision 
2  of  this  section.  The  ballot  shall  be  printed  on  the  same  leaf  with 
a  stub  and  separated  therefrom  by  a  perforated  line  across  the  top  of 
the  ballot.  On  each  ballot  a  perforated  line  shall  extend  from  top  to 
bottom,  along  the  border  or  solid  line  hereinbefore  described,  one-half 
inch  from  the  right-hand  side  of  the  ballot,  and  upon  the  half-inch  strip 
thus  formed  there  shall  be  no  printing  except  the  number  of  the  ballot, 
which  shall  be  upon  the  back  of  such  strip  in  such  position  that  it  will 
appear  on  the  outside  when  the  ballot  is  folded.  The  number  on  each 
ballot  shall  be  the  same  as  that  on  the  corresponding  stub,  and  the 
ballots  and  stubs  shall  be  numbered  consecutively  in  each  county.  All 
ballots  printed  by  county  clerks  or  registrars  of  voters  other  than  the 
separate  ballots  containing  the  names  only  of  candidates  for  city  and 
county  offices,  printed  by  the  county  clerks  or  registrars  of  voters  of 
consolidated  cities  and  counties,  shall  have  printed  on  the  back,  below 
the  stub  and  immediately  at  the  left  of  the  center  of  the  ballot,  in 
eighteen  point  gothic  capitals,  the  words  "general  ticket,"  and  under- 
neath the  respective  number  of  congressional,  senatorial  and  assembly 
districts  in  which  each  ballot  is  to  be  voted;  and  all  ballots  printed 
by  county  clerks  or  registrars  of  voters  of  consolidated  cities  and  coun- 
ties containing  the  names  of  candidates  for  city  and  county  offices,  and 
also  all  ballots  printed  by  the  clerks,  registrars  of  voters  or  secretary 
of  a  legislative  body  of  any  incorporated  city  or  town,  shall  have  printed 
in  the  same  manner,  on  the  back,  the  words  "municipal  ticket."  All 
municipal  ballots  shall  be  printed  upon  paper  of  a  different  tint  from 
that   of   the   general   ballot. 

Ballots  of  same  size,  print,  etc. 

7.  All  of  the  ballots  of  the  same  sort  prepared  by  any  county  clerk 
or  registrar  of  voters,  or  clerk  or  secretary  of  a  legislative  body,  or 
other  person  having  charge  of  the  preparing  of  such  ballots,  for  the  same 
polling  place,  shall  be  precisely  the  same  size,  arrangement,  quality  and 
tint  of  paper,  and  kind  of  type,  and  shall  be  printed  with  black  ink 
of  the  same  tint,  so  that  without  the  numbers  on  the  stubs  it  shall  be 
impossible  to  distinguish  any  one  of  the  ballots  from  the  other  ballots 
of  the  same  sort;  and  the  names  of  all  candidates  printed  upon  the 
ballot  shall  be  in  type  of  the  same  size  and  character. 

Two  oflftcers  for  different  terms. 

8.  If  two  or  more  officers  are  to  be  elected  for  the  same  office  for 
different  terms,  the  term  for  which  each  candidate  for  such  office  is 
nominated  shall  be  printed  on  the  ballot  as  a  part  of  the  title  of  the 
office.  If  at  a  general  election  an  office  is  to  be  filled  for  a  full  term, 
and  also  for  a  vacancy  in  another  term,  the  list  of  candidates  for  the 
full  term  shall  be  placed  on  the  ballot  under  the  designation  of  the  office 
with  the  words  "full  term"  printed  immediately  thereafter,  and  the  list 
of  candidates  to  fill  the  vacancy  shall  be  placed  on  the  ballot  under  the 

24 


§  1197  POLITICAL   CODE.  370 

designation    of   the   oflBce    with    the    words    "short   term"    printed    imme- 
diately thereafter. 

Propositions  column. 

9.  Whenever  any  question,  proposition  or  constitutional  amendment 
is  to  be  submitted  to  the  vote  of  the  electors,  there  shall  be  printed 
at  the  right  of  the  last  column  of  names  of  candidates,  another  column 
of  sufficient  width,  with  voting  squares  in  which  such  question,  proposi- 
tion or  constitutional  amendment  shall  be  designated,  which  designation 
shall  consist  of  a  statement  prepared  as  hereinbefore  provided  for  and 
opposite  such  question,  proposition  or  constitutional  amendment  to  be 
voted  on,  in  separate  lines,  the  words  "Yes"  and  "No"  shall  be  printed. 
If  an  elector  shall  stamp  a  cross  (X)  in  the  voting  square  after  the 
printed  word  "Yes,"  his  vote  shall  be  counted  in  favor  of  the  adoption 
of  the  question,  projjosition  or  constitutional  an:endment;  if  he  shall 
stamp  a  cross  (X)  after  the  printed  word  "No,"  his  vote  shall  be  counted 
against  the  ado[)tion  of  the  same. 

Instructions  to  voters. 

10.  On  the  top  of  the  face  of  the  ballot,  the  following  directions  shall 
be  printed: 

INSTRUCTIONS  TO  VOTERS. 

To  vote  for  a  candidate  of  your  selection,  stamp  a  cross  (X)  in  the 
voting  square  next  to  the  right  of  the  name  of  such  candidate.  Where 
two  or  more  candidates  for  the  same  office  are  to  be  elected,  stamp  a 
cross  (X)  after  the  name  of  all  the  candidates  for  that  office  for  whom 
you  desire  to  vote,  not  to  e.xcoed,  however,  the  number  of  candidates 
who  are  to  be  elected.  If  the  ballot  does  not  contain  the  names  of  candi- 
dates for  all  offices  for  which  you  may  desire  to  vote,  you  may  vote  for 
candidates  for  such  offices  so  omitted  by  writing  the  name  of  the  candi- 
date for  whom  you  wish  to  vote  in  the  blank  space  left  for  that  purpose. 
To  vote  for  a  person  not  on  the  ballot,  write  the  name  of  such  person 
under  the  title  of  the  office  in  the  blank  space  left  for  that  purpose.  To 
vote  on  any  question,  proposition  or  constitutional  amendment,  stamp  a 
cross  (X)  in  the  voting  square  after  the  word  "Yes"  or  after  the  word 
"No."  All  marks,  except  the  cross  (X)  are  forbidden.  All  distinguish- 
ing marks  or  erasures  are  forbidden  and  make  the  ballot  void.  If  you 
wrongly  stamp,  tear  or  deface  this  ballot,  return  it  to  the  inspector  of 
election  and  obtain  another. 

In  elections  when  electors  of  President  and  Vice-President  of  the 
United  States  are  to  be  chosen,  there  shall  be  placed  upon  the  ballot  in 
addition  to  the  instructions  to  voters  as  above  provided,  an  additional 
instruction  as  follows:  To  vote  for  all  or  a  group  of  persons,  stamp  a 
cross  (X)  in  the  t^quare  opposite  such  group,  this  instruction  appearing 
immediately  before  the  words:  "To  vote  for  a  person  not  on  the  ballot." 


371  POLITICAL   CODE.  §  1197 

Form. 

11.  Except  as  to  the  order  of  the  names  of  candidates,  the  ballots  shall 
be  printed  substantially  in  the  following  form: 

[Face  of  ballot  on  page  372.] 

GENEEAL  TICKET. 

SEVENTH  rONGKESSIONAL  DISTRICT. 

THIRTY-EIGHTH  SENATORIAL  DISTRICT. 

SEVENTY-SECOND  ASSEMBLY  DISTRICT. 

[Amendment  approved  June  14,  1913;  Stats.  1913,  p.  1157.] 

Also    amended   March   20,    1911    (Stat».    1911,   p.   405),   and  January   9,   1912 
(Siats.   Ex.   SesB.    1911,   p.    190). 


§  1197 


POLITICAL   CODE. 


372 


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373  POLITICAL  CODE.  §§  1198-1204 

Blading  of  ballots. 

§  1198.  All  ballots,  when  printed,  shall  be  bound  in  stub  books,  eazh 
book  to  consist  of  ten,  or  some  multiple  of  ten,  ballots  and  so  issued.  A 
record  of  the  number  of  ballots  printed  by  them  shall  be  kept  by  the  re- 
spective county  clerks,  and  by  the  clerk  or  secretary  of  the  legislative 
body  of  each  incorporated  city  cr  town.  [Amendment  approved  April 
22,  1913;  Stats.  1913,  p.  58.] 

Also  amended  March  24,  1911   (Slats.  1911,  p.  477). 

Number  of  ballots  furnished.     Destructloa  of  unused  ballots. 

§  1199.  The  county  clerk  or  re;:;istrar  of  voters  of  each  county  shall 
provide  for  each  election  precinct  in  the  county  ten  general  tickets  for 
every  eight  or  fraction  of  eight  electors  registered  in  the  election  pre- 
cinct for  such  election;  and  an  additional  ten  ballots  for  each  election 
precinct  that  has  less  than  thirty  registered  electors;  provided,  that  no 
ballot  pad  used  or  provided  for  any  election  shall  contain  less  than  ten 
general  tickets  for  such  election,  and  in  case  of  a  consolidated  city  and 
county,  an  equal  number  of  municipal  tickets,  when  any  city  and  county 
officers  are  to  be  elected  and  the  clerk  or  secretary  of  the  legislative  body 
of  any  incorporated  city  or  town  shall  furnish  a  like  number  of  municipal 
tickets  when  any  city  or  town  officer  is  to  be  elected.  And  upon  the  day 
of  election,  immediately  upon  the  arrival  of  the  hour  when  the  polls 
are  required  by  law  to  be  closed,  the  county  clerk  in  each  county  shall 
openly,  in  his  main  office,  in  the  presence  of  as  many  persons  as  may 
there  assemble  to  observe  his  act,  proceed  to  destroy  every  unused  ballot 
which  shall  have  remained  in  his  possession,  custody,  or  control,  and 
forthwith  make  and  file  his  affidavit,  in  writing,  as  to  the  number  of  bal 
lots  so  destroyed.  [Amendment  approved  April  22,  1913;  Stats.  1913, 
p.  58.] 

§  1203a. 

Citations.     App.   10/91. 

Manner  of  voting.  Name  changed  by  marriage.  Comparison  of  sig- 
natures. 
§  1204.  Any  person  desiring  to  vote  shall  write  his  or  her  name  and 
address  (or  if  he  or  sue  be  unable  to  write,  shall  have  the  same  written 
for  him  or  her)  on  a  roster  of  voters  provided  for  that  purpose  and  an- 
nounce the  same  to  one  of  the  election  officers,  who  shall  then  in  an 
audible  tone  of  voice  announce  the  same,  and  if  another  election  officer 
finds  the  name  on  the  register,  he  shall  in  a  like  manner  repeat  tho 
name  and  address,  whereupon  a  challenge  may  be  interposed  as  pro- 
vided in  section  1230  of  this  code.  In  case  the  surname  of  any  female 
person  offering  to  vote  has- been  changed  by  reason  of  marriage  or  di- 
vorce since  registration  such  person  shall  sign  her  name  as  it  was  be- 
fore such  marriage  or  divorce  and  also  her  name  as  it  is  at  the  time 
she  votes,  indicating  on  the  roster  by  brackets  or  other  means,  that  the 


§  1205  POLITICAL   CODE.  374 

two  names  are  the  names  of  one  person.  In  all  cases  except  in  those 
where  the  name  and  address  of  the  voter  is  written  on  the  roster  of 
voters  for  him,  as  above  provided,  it  shall  be  the  duty  of  the  election 
officer,  in  the  presence  and  view  of  the  b^'standers,  to  compare  the  sig- 
nature of  the  voter  on  the  roster  of  voters  with  the  signature  of  that 
person  on  the  register  and  no  ticket  shall  be  given  such  voter  until 
such  comparison  of  signatures  shall  have  been  made,  and  until  such 
a  comparison  has  been  made,  as  aforesaid,  the  right  of  a  voter  to 
vote  may  be  ohallcnged.  If  the  challenge  be  overruled,  the  election 
officer  shall  give  the  voter  a  ticket  and  the  clerk  shall  write  on  the  reg- 
ister opposite  the  name  of  the  voter  the  number  of  the  general  ticket 
given  him  and  also  the  number  of  the  municipal  ticket  given  him  when 
any  city,  city  and  county  or  town  officer  is  to  be  elected  and  the  voter 
shall  be  allowed  to  enter  the  place  inclosed  by  the  guard-rail  &s  above 
provided.  The  election  officer  shall  give  him  but  one  general  ticket 
and  where  any  city,  city  and  county  or  town  officers  are  to  be  elected 
also  one  municipal  ticket  and  only  one  ballot  of  each  kind  and  in  order 
to  prevent  voters  from  marking  their  ballots  with  a  pencil,  or  otherwise 
contrary  to  law,  it  shall  be  the  duty  of  the  election  officer  whenever  he 
shall  deliver  a  ballot  to  any  voter  to  then  orally  distinctly  state  to  him, 
so  that  it  may  be  heard  by  the  bystanders,  that  he  must  mark  the  ballot 
with  the  stamp  provided  by  law  or  it  will  not  be  counted.  [Amend- 
ment approved  June   14,   1913;   Stats.   1913,  p.   1169.] 

Also   amended  January   9,    1912    (Stats.    Ex.    Sess.    1911,    p.    188). 

How  voter  shall  prepare  ballot.     Folding  ballot. 

§  1205.  On  rocoiviii},'  his  ballot,  the  elector  shall  forthwith,  and  with- 
out leaving  the  inclostd  space,  retire  alone  to  one  of  the  places,  booths 
or  compartments  provided,  to  prepare  his  ballot.  In  voting  he  shall 
stamp  a  cross  (X)  in  the  voting  square  after  the  name  of  every  candi- 
date for  whom  he  intends  to  vote  and  this  shall  be  counted  as  a  vote 
for  each  person  after  whose  name  the  voter  has  stamped  such  cross,  or 
he  may  vote  for  a  candidate  or  person  whose  name  is  not  printed  in 
the  ballot  by  writing  a  name  for  such  office  in  the  blank  space  left 
tliorcfor,  in  which  latter  case  the  vote  of  such  voter  for  that  office  shall 
be  counted  for  the  person  whose  name  is  so  written.  Where  two  or 
more  candidates  for  the  same  office  are  to  be  elected  and  the  voter  de- 
sires to  vote  for  candidates  for  that  office,  he  must  stamp  a  cross  (X) 
after  the  names  of  all  the  candidates  for  that  office  for  whom  the  voter 
desires  to  vote,  not  exceeding,  however,  the  number  of  candidates  who 
are  to  be  elected.  In  case  of  a  qtiostion,  proposition  or  constitutional 
amendment  submitted  to  the  vote  of  the  electors,  the  voter  shall  mark 
his  ballot  by  stamping  in  the  appropriate  voting  square  a  cross  (X) 
opposite  the  answer  he  desires  to  give  as  to  such  question,  proposition  or 
constitutional  amendment.  All  crosses  shall  be  made  only  with  a  stamp, 
which,  with  necessary  pads  and  ink,  shall  be  provided  by  the  officers 
who  by  law  are  required  to  furnish  election  supplies  for  each  booth  or 


375  POLITICAL  CODE.  §§  1207-1210 

compartment  provided  for  the  marking  and  preparation  of  ballots.  Be- 
fore leaving  such  booth  or  compartment  the  elector  shall  fold  his  ballot 
in  such  a  manner  that  the  number  of  the  ballot  and  the  indorsement  on 
the  back  shall  appear  on  the  outside  thereof,  without  displaying  the 
marks  on  the  face  thereof,  aftd  shall  keep  it  folded  until  he  has  voted. 
Having  folded  his  ballot,  the  voter  shall  deliver  it  folded  to  the  in- 
spector who  shall  announce  in  an  audible  tone  of  voice  the  name  of  the 
voter  and  the  number  of  his  ballot.  If  the  ballot  clerk  having  in  charge 
the  register  or  affidavits  of  registration  finds  such  number  to  correspond 
with  the  number  marked  opposite  the  voter's  name  on  the  register  or 
affidavit  of  registration,  he  shall,  in  like  manner  repeat  the  name  and 
number,  and  shall  write  opposite  the  name  the  word  "voted."  The  in- 
spector shall  then  separate  the  slip  containing  the  number  from  the 
ballot,  deposit  the  ballot  in  the  box  and  immediately  destroy  such  num- 
bered slip.  [Amendment  approved  March  20,  1911;  Stats.  1911,  p.  410.] 
Citations.     App.   11/586. 

§  1207. 

Cltatloni.     App.   14/672. 

Printing  and  mailing  of  sample  ballots  to  voters.  Number  and  voting 
place.  Instruction  cards. 
§  1210.  The  county  clerk  of  each  county,  or,  in  case  of  separate 
city  or  town  elections,  the  clerk  or  secretary  of  the  legislative  body 
of  such  city  or  town,  shall  cause  to  be  printed,  on  plain  white  paper, 
without  water-mark,  at  least  as  many  copies  of  the  form  of  ballots 
provided  for  use  in  each  voting  precinct  as  there  shall  be  registered 
voters  in  such  precinct.  Such  copy  shall  be  designated  "sample  ballot" 
upon  the  face  thereof.  Said  clerk  or  secretary  shall  commence  to  mail 
the  same,  postage  prepaid,  to  registered  voters  ten  days  before  the  day 
fixed  by  law  for  such  election,  and  shall  have  all  of  the  same  mailed 
at  least  five  whole  days  before  the  day  of  election;  provided,  that 
not  more  than  one  sample  ballot  shall  be  furnished  to  any  one  voter; 
and,  further  provided,  that  for  any  general  election  the  number  of 
sample  ballots  printed  shall  not  exceed  the  total  registration  by  more 
than  fifteen  per  cent  of  such  registration,  and  that  for  any  primary 
election  the  number  of  sample  ballots  printed  for  any  party  shall  not 
exceed  the  total  registration  of  such  party  by  over  twenty  per  cent 
of  such  registration.  Such  clerk  or  secretary  shall  also  inclose  with 
each  of  said  ballots  the  voting  number  of  such  elector  and  the  location 
of  his  precinct  polling  place.  Only  official  matter  shall  be  sent  out  in 
such  envelope.  Such  clerk  or  secretary  shall  cause  to  be  printed  in 
large,  clear  type,  on  cards,  instructions  for  the  guidance  of  electors  in 
obtaining  and  marking  their  ballots,  and  he  shall  furnish  twelve  such 
cards  to  the  board  of  election  in  each  election  precinct  in  his  county, 
at  the  same  time  and  in  the  same  manner  as  the  printed  ballots  and 
sample   ballots.     The  board  of   election   shall   post   at  least   one  of  such 


§§  1211-1215  POLITICAL    CODE.  376 

carrls  in  each  hooth  or  compartment  provided  for  the  preparation  of 
ballots,  and  not  less  than  three  of  siu-h  cards  at  other  places  in  and 
about  the  polling  place,  on  the  day  of  election.  Sections  1214  and  121j 
of  this  code,  and  section  61  of  the  Penal  Code,  shall  also  be  printed 
on  each  of  said  cards.  [Amendment  approved  June  14,  1913;  Stats. 
1913,  p.  1170.] 

Also    amended   April    12,    1911    (Stats.    1911,    p.    893),    and   January    9,    1912 
(Stats.   Ex.   Sess.   1911,   p.   189). 

Void  ballots.     Marking  too  many  names. 

§  1211.  1.  In  canvassing  the  votes  any  ballot  which  is  not  made 
as  provided  in  this  act  shall  be  void;  but  such  ballot  must  be  preserved 
and  returned  with  the  other  ballots;  provided,  however,  that  two  or 
more  impressions  of  the  voting  stamp  in  one  voting  square,  or  a  cross 
(X)  made  partly  within  and  partly  without  a  voting  square  or  space, 
shall  not  make  such  ballot  void.  Any  name  written  upon  a  ballot  shall 
be  counted  for  such  name  for  the  office  under  which  it  is  written;  pro- 
vided, it  is  written  in  the  blank  space  therefor,  whether  or  not  a  cross 
(X)   is  stamped  in  the  voting  square  after  the  name  so  written. 

2.  If  a  voter  marks  more  names  than  there  are  persons  to  be  elected 
to  an  office,  or  if,  for  any  reason,  it  is  impossible  to  determine  the 
voter's  choice  for  any  office  to  be  filled,  his  ballot  shall  not  be  counted 
for  such  office. 

3.  If  a  voter  stamps  in  the  voting  square  after  the  name  of  any 
candidate  and  also  writes  the  name  of  a  person  for  such  office  in  the 
blank  space,  such  act  does  not  invalidate  his  ballot,  but  his  vote  shall 
not  be  counted  for  any  person  for  that  office,  but  as  to  all  other  offices 
the  ballot  must  be  counted  for  the  candidates  opposite  whose  names 
the  ballot  is  stamped  in  the  voting  squares. 

4.  No  mark  upon  a  ballot  which  is  unauthorized  by  this  act  shall  he 
held  to  invalidate  such  ballot,  unless  it  shall  appear  that  such  mark 
was  placed  thereon  bv  the  voter  for  the  purpose  of  identifving  such 
ballot.      (Amendment   approved  March  20,   1911;  Stats.   1911,  p.  411.] 

Citations.     App.   11/586,  587. 

Electioneering,  etc.     Not  to  show  ballot.     No  distinguishing  marks. 

§  1215.  No  officer  of  election  shall  disclose  to  any  person  the  name 
of  any  candidate  for  whom  any  elector  has  voted.  No  officer  of  election, 
nor  any  person,  shall  do  any  electioneering  on  election  day  within  one 
hundred  feet  of  any  polling  place.  Unless  otherwise  provided  by  law 
no  person  shall  remove  any  ballot  from  any  polling  place  before  the 
closing  of  the  poll.  Unless  otherwise  provided  by  law  no  person  shall 
apply  for  or  receive  any  ballot  at  any  election  precinct  other  than  that 
in  which  he  is  entitled  to  vote.  No  person  shall  show  his  ballot  after 
it  is  marked  to  any  person  in  such  a  way  as  to  reveal  the  contents 
thereof,  or  the  name  or  names  of  the  candidate  or  candidates  for  whom 
he   has  marked   his   ballot;    nor   shall   any   person,   except   a   member   of 


377  POLITICAL  CODE.  §§  1216-1230 

the  board  of  election,  receive  from  any  voter  a  ballot  prepared  by  such 
voter,  or  examine  such  ballot,  or  solicit  the  voter  to  show  the  same. 
No  person  shall  ask  another  at  a  polling  place  for  whom  he  intends  to 
vote.  Unless  otherwise  provided  by  law  no  voter  shall  receive  a  ballot 
from  any  other  person  than  one  of  the  election  officers;  nor  shall  any 
other  person  than  an  election  officer,  or  other  officer  authorized  by  law 
so  to  do,  deliver  a  ballot  to  such  voter.  No  voter  shall  deliver  to  the 
board  of  election,  or  to  any  member  thereof,  any  ballot  other  than  the 
one  he  has  received  from  the  election  officer  or  other  officer  duly  au- 
thorized by  law  to  furnish  him  with  such  ballot.  No  voter  shall  place 
any  mark  upon  his  ballot  by  which  it  may  be  afterward  identified  as 
the  one  voted  by  him.  No  person  shall  solicit  a  vote  or  speak  to  a 
voter  on  the  subject  of  marking  his  tifket  within  one  hundred  feet  of 
the  polling  place.  [Amendment  approved  June  14,  1913;  Stats.  1913, 
p.   1172.] 

Duties  of  registrar  of  voters, 

§  1216.  In  all  counties,  and  cities  and  counties,  in  this  state,  having 
a  registrar  of  voters  and  a  board  of  election  commissioners,  the  powers 
conferred  and  the  duties  imposed  by  thi9  code  upon  the  county  clerks 
and  other  officers,  in  relation  to  matters  of  election  and  polling  places, 
shall  be  exercised  and  performed  by  such  registrar  of  voters,  and  board 
of  election  commissioners;  and  all  certificates  of  nomination,  nomination 
papers,  or  election  papers,  required  by  this  code  or  by  law  to  be  filed 
with  or  presented  to  the  county  clerk,  shall  be  filed  with  or  presented 
to  the  registrar  of  voters;  and  the  deputies  or  clerks  in  the  office  of 
the  registrar  of  voters  acting  under  the  orders  of  the  registrar  of  voters, 
or  the  election  commission  shall  have  all  the  powers  of  the  deputies 
of  the  county  clerk  in  matters  relating  to  elections.  [Amendment  ap- 
proved May  1,  1911;   Stats.  1911,  p.  1445.] 

Grounds  for  challenging  voters. 

§  1230.  A  person  offering  to  vote  may  be  orally  challenged  by  any 
elector  of  the  county  upon  either  or  all  of  the  following  grounds: 

1.  That  he  or  she  is  not  the  person  whose  name  appears  on  the  reg- 
ister. 

2.  That  he  or  she  has  not  resided  within  the  state  one  year  next  pre- 
ceding the  election. 

3.  That  he  or  she  has  not  been  a  naturalized  citizen  of  the  United 
Slates  for  ninety  days  prior  to  the  election. 

4.  That  he  or  she  has  not  resided  within  the  county  for  ninety  days 
preceding  the   election. 

5.  That  he  or  she  has  not  resided  within  the  precinct  for  thirty  days 
next  preceding  the  election. 

6.  That  he  or  she  has  before  voted  that   day. 

7.  That  he  or  she  has  been  convicted  of  an  infamous  crime. 


§§  1235-1261  POLITICAL  CODE.  378 

8.  That  he  or  she  has  been  convicted  of  the  embezzlement  or  mis- 
appropriation of  public  money. 

9.  That  he  or  she  cannot  read  as  required  by  the  constitution,  and 
does  not  appear  by  statement  in  the  affidavit  of  registration  to  be 
entitled  to  vote  notwithstanding  such  inability.  [Amendment  approved 
May  23,  1913;  Stats.  1913,  p.  225.] 

Test  on  challenge. 

§  1235.  If  the  challenge  is  on  the  ground  that  the  person  challenged 
has  been  convicted  of  an  infamous  crime,  or  that'  he  or  she  has  been 
convicted  of  the  embezzlement  or  misappropriation  of  public  money, 
he  or  she  must  not  be  questioned,  but  the  fact  may  be  proved  by  the 
production  of  an  authenticated  copy  of  the  record,  or  by  the  oral  tes- 
timony of  two  witnesses.  If  the  challenge  is  on  the  ground  that  the 
person  challenged  cannot  read  as  required  by  the  constitution,  and 
it  does  not  appear  by  the  statement  in  the  affidavit  of  registration  tliat 
said  person  is  entitled  to  vote  notwithstanding  such  inability,  the 
challenge  shall  be  determined  by  the  board  by  the  inspection  of  the 
said  affidavit,  and  by  requiring  the  person  offering  to  vote  (if  it  does 
not  appear  from  said  affidavit  that  the  person  is  entitled  to  vote  not- 
withstanding such  inability)  to  read  any  consecutive  one  hundred  words 
of  the  constitution  of  the  state  selected  bv  the  judges.  [Amendment 
approved  May  23,  1913;  Stats.  1913,  p.  225."j 

§  1241. 

Citations.      App.   14/785. 

Proceedings  upon  determination  of  challenge. 

§  1242.      [Kcpcaled  Ai.ril   23,  1913;  SUits.  1913,  p.  76.] 

§  1257. 

Citations.      App.   11/585;    14/070,   671,   672. 

Tally  of  votes. 

§  1258.  Kach  clerk  must  write  down  each  office  to  be  filled,  and  the 
name  of  each  person  marked  in  each  ballot  as  voted  for  to  fill  such 
oflice,  and  keep  the  number  of  votes  by  tallies,  as  they  are  read  aloud. 
Such  tallies  must  be  made  with  pen  and  ink  as  the  name  of  each  candi- 
date voted  for  is  read  aloud  from  the  respective  ballot,  and  immediately 
upon  the  completion  of  the  tallies  the  clerks  who  respectively  complete 
the  same  must  draw  two  heavy  lines  in  ink  from  the  last  tally  mark  to 
the  end  of  the  line  in  which  such  tallies  terminate,  and  also  write  the 
initials  of  the  person  making  the  last  tally  in  such  line.  The  ballot 
so  read  and  the  tally  sheet  so  kept  must,  during  the  reading  and  tally- 
ing, be  within  the  clear  view  of  watchers  at  the  count.  [Amendment 
approved  June  14,  1913;  Stats.  1913,  p.  1172.J 

§  1261. 

Citations.      Cal.   155/296. 


■!79  POLITICAL  CODE.  §§  1262-1281a 

Tally  lists,  etc.,  on  inspection. 

§  1262.  The  other  list  of  voters,  tally  list,  and  list  attached  thereto 
I  must  be  sent  to  the  county  clerk  or  registrar,  and  retained  by  him 
open  to  inspection  of  all  electors  for  at  least  six  months.  [Amendment 
approved  May  23,  1913;  Stats.   1913,  p.  226.] 

Canvass  of  returns.     Additional  sets  of  clerks.     Open  to  the  public. 

§  1280.  If,  at  the  time  of  the  meeting,  the  returns  from  each  pre- 
cinct in  the  county  in  which  polls  were  opened  have  been  received,  the 
board  must  then  and  there  proceed  to  canvass  the  returns;  but  if  all 
the  returns  have  not  been  received,  the  canvass  must  be  postponed 
from  day  to  day  until  all  of  the  returns  are  received,  or  until  six  post- 
ponements have  b-^en  had.  In  any  county  or  city  and  county  where 
the  number  of  election  precincts  in  said  county  or  city  and  county  exceed 
five  hundred,  said  board  may  appoint  several  sets  of  clerks  to  perform  the 
clerical  work  of  the  canvass  and  to  assist  in  canvassing  said  returns;  and 
said  several  sets  of  clerks  so  appointed  may,  under  the  order  and  direction 
of  said  board,  do  and  perform  such  work  in  the  canvassing  of  such  re- 
turns simultaneously.  Such  canvass  may  be  made  at  such  place  in  the 
county  or  city  and  county  as  the  board  may  by  order  entered  in  its 
minutes  designate  and  declare  to  be  a  necessity;  provided,  that  where 
it  shall  be  made  at  a  place  other  than  the  usual  place  of  meeting  of 
such  board,  the  place  shall  be  open  to  the  public  and  the  canvass  must 
be  made  in  public,  and  the  said  board  shall  cause  public  notice  to  be 
posted  at  the  usual  place  of  meeting  of  said  board  in  a  conspicuous 
place  for  at  least  three  (3)  days  before  the  time  for  making  such  can- 
vass, and  during  all  the  time  while  such  canvass  is  being  made,  which 
notice  shall  state  clearly  and  fully  the  designation  and  description  of 
the  place  where  such  canvass  will  be  made  and  conducted.  [Amend- 
ment approved  December  23,  1911;  Stats.  Ex.  Sess.  1911,  p.  17,] 

Correction  of  election  returns. 

§  1281a.  If  it  shall  appear  that  tbe  returns  from  any  precinct  or 
precincts  are  incomplete,  or  ambiguous,  or  are  not  properly  authenti- 
cated, or  are  otherwise  defective,  the  board  of  supervisors,  or  canvassing 
board,  or  election  commission  may  cause  subpoenas  to  be  issued  and 
served,  requiring  the  attendance  before  it  of  the  election  officers  of 
such  precinct  or  precincts,  and  upon  the  appearance  before  it  of  the 
election  officers  or  three-fourths  of  them  from  any  such  precinct  or  pre- 
cincts, may  examine  such  election  officers  under  oath  concerning  the 
manner  in  which  the  votes  were  counted  in  such  precinct  at  such  elec- 
tion, and  the  result  of  such  count,  and  may  require  such  election  officers 
then  and  there  to  correct  or  complete  such  returns  or  the  authentication 
thereof  so  that  they  shall  truly  show  the  votes  that  were  cast  in  said 
precinct  at  such  election  for  each  candidate  voted  for  and  for  or 
against  each  proposition  voted  upon  thereat.  Nothing  herein  shall  be 
construed  to  authorize  the  opening  of  ballots  except  as  provided  by  law. 
[New  section  approved  June  16,  1913;  Stats.  1913,  p.  1164.] 


§§  1282-1309  POLITICAL   CODE.  3S0 

§  1282. 

Citations.      Gal.   155/298. 

Abstract  of  district  election  returns. 

§  1285.  When  there  are  officers,  other  than  representatives  in  con- 
gress, members  of  the  state  board  of  equalization,  and  justices  of  dis- 
trift  court  of  appeals  voted  for,  who  are  chosen  by  the  electors  of  a 
district  composed  of  two  or  more  counties,  each  of  the  county  clerks  of 
the  counties  composing  such  districts,  immediately  after  making  out 
the  statement  specified  in  section  1282,  must  make'  a  certified  abstract 
of  so  much  thereof  as  relates  to  the  election  of  such  officers.  [Amend- 
ment approved  May  23,  1913;  Stats.  1913,  p.  226.] 
Also   amended  April   12,    1911    (Stats.    1911,   p.   894). 

Transmitting  election  returns. 

§  1286.  The  clerk  must  seal  up  such  abstract,  indorse  it  "Election 
Eeturns"  and,  without  delay,  transmit  the  same  by  mail  or  express  to 
the  county  clerk  of  the  county  which  stands  first  in  alphabetical  ar- 
rangement in  the  list  of  counties  composing  such  district.  [Amend- 
ment approved  April  7,   1911;   Stats.   7911,  p.   705.] 

Certification  of  election  returns. 

§  1288.  When  there  has  been  a  general  or  special  election  for  officers 
chosen  by  the  electors  of  the  state  at  large,  or  for  judicial  officers 
(except  justices  of  the  peace),  or  for  members  of  the  state  board  of 
equalization,  or  for  senators  and  members  of  the  assembly,  each  county 
clerk  so  soon  as  the  statement  of  tlie  vote  of  his  county  is  made  out 
and  entered  upon  the  records  of  the  board  of  supervisors,  must  make 
out  a  certified  abstract  of  so  much  thereof  as  relates  to  the  votes  given 
or  cast  for  persons  for  said  offices  to  be  filled  at  such  election,  together 
with  a  statement  of  the  whole  number  of  votes  cast  in  the  county  as 
specified  in  section  1282.  Whenever  there  is  a  general  or  special  elec- 
tion held  within  this  state,  and  any  proposed  constitutional  amendment 
or  proposition  to  be  voted  for  by  the  electors  of  the  state  at  large, 
each  county  clerk,  so  soon  as  the  statement  of  the  vote  is  made  out 
and  entered  upon  the  record  of  the  board  of  supervisors,  must  make  out 
a  certified  abstract  of  such  vote.  [Amendment  approved  May  23,  1913; 
Stats.   1913,  p.   227.] 

Same. 

§  1289.  The  clerk  must  seal  up  such  abstract,  indorse  it  "Election 
Returns,"  and  without  delay  transmit  it  by  mail  or  express  to  the 
secretary  of  state.  [Amendment  approved  April  7,  1911;  Stats.  1911, 
p.  706.] 

Same. 

§  1309.  The  clerk  must  seal  up  such  abstract,  indorse  it  "Presidential 
Election    Returns,"   and    without   delay   transmit   it   to    the   secretary    of 


i 


381  POLITICAL  CODE.  §§  1313-1345 

state    by    mail    or    express,    or    in    the    manner    hereinafter    prescribed. 
[Amendment  approved  April  7,  1911;  Stats.   1911,  p.  706.] 

§  1313. 

Citations.      Cal.   160/759. 

Election  of  United  States  senators. 

§  1332.  Elections  for  senators  in  congress  for  full  terms  must  be 
held  at  the  general  election,  at  which  members  of  the  legi^Litiire  are 
elected,  next  preceding  the  commencement  of  the  term  to  be  filled. 
[Amendment  approved  May  20,  1913;  Stats.  1913,  p.  237.] 

Vacancy. 

§  1333.  Elections  to  fill  a  vacancy  in  the  term  of  a  United  States 
senator  must  be  held  at  the  general  election  or  any  special  election  held 
throughout  the  state  next  succeeding  the  occurrence  of  such  vacancy. 
[Amendment  approved  May  20,  19K5;  Stats.   1913,  p.  238.] 

Abstract  of  vote  for  United  States  senators. 

§  1334.  The  clerk  of  each  county,  as  soon  as  the  statement  of  the 
vote  of  his  county  at  such  election  is  made  out  and  entered  on  the 
records  of  the  board  of  supervisors,  must  make  a  certifictl  abstract  of 
so  much  thereof  as  relates  to  the  vote  given  for  persons  for  senators 
in  congress.      [New  section  approved  May  20,  1913;  Stats.  1913,  p.  238.] 

To  secretary  of  state. 

§  1335.  The  clerk  must  seal  up  such  abstract,  indorse  it  "Congres- 
sional election  returns  for  senator  in  congress,"  and  without  delay 
transmit  it  by  mail  to  the  secretary  of  state.  [New  section  approved 
May  20,  1913;  Stats.  1913,  p.  238.] 

Declaration  of  vote. 

§  1336.  On  the  sixtieth  day  after  the  day  of  election,  or  as  soon 
as  the  returns  have  been  received  from  all  of  the  counties  of  the  state, 
if  received  within  that  time,  the  secretary  of  state  must  compare  and 
estimate  the  votes  given  or  cast  for  such  persons  for  senator,  and  certify 
to  the  governor  the  person  having  the  highest  number  of  votes  in  the 
state  as  duly  elected.  [New  section  approved  May  20,  1913;  Stats. 
1913,  p.  238.] 

Governor's  certificate. 

§  1337.  The  governor  must  upon  the  receipt  of  such  certificate,  trans- 
mit to  such  person  a  certificate  of  his  election,  sealed  with  the  great 
seal  and  attested  by  the  secretarv  of  state.  [New  section  approved 
May   20,   1913;   Stats.   1913,  p.  238.] 

Same. 

§  1345.  The  clerk  must  seal  up  such  abstract,  indorse  it  "Congres- 
sional   Ekction    Keturns,"    and    without    delay    transmit   it   by    mail    or 


§§  l.j.57-1370  POLITICAL   CODE.  382 

express  to  the  secretary  of  state.     [Amendment  approved  April  7,  1911; 
Stats.  1911,  p.  706.] 

Delegates  to  be  elected  at  primary  elections. 

§  1357.      [Repealed  May   1,  1011;    8tats.   1911,   p.   1.393.] 
Citations.      Cal.   155/779. 

Certain  terms  relating  to  political  conventions  defined. 
§  1358.      [Repealed  May  1,  1911;  Stats.  1911,  p.  1393.] 

Under  what  control.     Expenses.     Return. 

§   1360.      [Rcpeale.l  May  1,  1911;   Stats.  1911,  p.  1393.] 

Parties  entitled  to  designation  upon  official  ballot.     Petitions. 
§  1361.      [Keiiealcd  May  1,  1911;  Stats.  1911,  p.  1393.] 
Citations.      Cal.    155/779. 

When  shall  be  held. 

§  1362.      [Rcjicaled  May  1,  1911;  Stats.  1911,  p.  1393.] 

Secretary   of  state   to  transmit   copies   of   petition.     Appoitionment   of 
delegates.     Notice. 
§  1363.      [Repealed  May  1,  1911;  Stats.  1911,  p.  1393.] 

Election  officers.     Precincts. 

§  1364.      [Repealed  May  1,  1911;  Stats.  1911,  p.  1393.] 

Ballots. 

§  136.5.      [Ropcale.l  May  1,  1911;  Stats.  1911,  p.  1393.] 

Qualifications  and  registration  of  voters. 

§   1366.      I  Repealed  May  1,  1911;  Stats.  1911,  p.  1393.] 
Citations.      Cal.   157/318,    319,    320,    321. 

§  1366a. 

Citations.      Cal.   155/792;   157/320,   321,  400. 

Manner  of  voting.     Challenge. 

§  1367.      [Repealed  May  1,  1911;  Stats.  1911.  p.  1303.] 

Duty  of  ballot  clerk  to  compare  signature  of  voters. 

§  1367a.      [Repealed  May  1,  1911;  Stats.  1911,  p.  1393.] 

Legality  of  conventions. 

§  1368.      [Rejtealed  May  1,  1911;  Stats.  1911,  p.  1393.] 

List  of  delegates  holding  credentials.     Duplicate. 

§  1369.      [Ropealc.l   May  1,  1911;  Stats.   1011,  p.  1393.] 

Penalty  for  failure  to  act  as  primary  election  officers. 
§  1370.     [Repealed  May  1,  1911;  Stats.  1911,  p.  1393.] 


383  POLITICAL  CODE.  §§  1371-1489 

Election  commissioners,  who  may  act. 

§  1371.      [Repealed  May  1,  1911;  Stats.  1911,  p.  1393.] 
Citations.      Cal.   157/319. 

Where  this  chapter  mandatory.     Where  optional. 

§  1372.      [Repealed  May  1,  1911;  Stats.  1911,  p.  1393.] 
Citations.      Cal.   157/319,   321. 

Presidential  primary  in  May. 

§  1373.      [Repealed  May  1,  1911;  Stats.  1911,  p.  1393.] 

Ballots,  preservation   of.     Contests. 

§  1374.      [Repealed  May  1,  1911;  Stats.  1911,  p.  1393.] 

Vacancies,  additional  vote. 

§  1375.      [Repealed  May  1,  1911;  Stats.  1911,  p.  1393.] 
Citations.      Cal.    155/779;   157/319. 

§  1468. 

Citations.     App.  14/494. 

Powers   and   duties   of   normal   school   trustees. 

§  1489.  The  powers  and  duties  of  each  board  of  trustees  of  the  state 
normal   schools   of   California   are   as   follows: 

1.  To  elect  a  secretary  who  shall  receive  such  salary  (not  to  exceed 
one  hundred  fifty  dollars  per  annum)   as  may  be  allowed  by  the  board; 

2.  To  prescribe  rules  for  their  government  and  the  government  of  the 
school; 

3.  To  prescribe  rules  for  the  reports  of  officers  and  teachers  of  the 
school    and    for    visiting    other   schools    and   institutions; 

4.  To  provide  for  the  purchase  of  school  apparatus,  furniture,  equip- 
ment, stationery,  and  text-books  for  the  use  of  students; 

Establish  training  schools. 

.5.  To  establish  at  their  discretion,  and  maintain  model  and  training 
schools  of  the  primary  and  grammar  grade,  and,  in  their  discretion  of 
the  kindergarten  grade,  and  to  require  the  students  of  the  normal 
schools   to   teach   and  instruct   classes   therein. 

Establish    courses    for    training    school    teachers. 

6.  To  establish  at  their  discretion  courses  for  the  training  of  teachers 
of  drawing,  music,  physical  culture,  and  commercial,  technical,  or  in- 
dustrial subjects  in  the  elementary  and  secondary  schools  of  the  state 
and  upon  the  satisfactory  completion  of  these  courses  to  grant  diplomas 
of    graduation    therefrom. 

Elect  president  and  teachers. 

7.  To  elect  the  president  of  the  school,  and  to  elect  the  teachers,  upon 
their  nomination  by  the  president  of  the  school,  fix  their  salaries,  and 


§    1517  POLITICAL    CODE.  38^ 

prescribe  their  duties;  provided,  that  after  the  president  or  a  teacher 
has  served  successfully  and  acceptably  in  the  school  for  the  period  of 
two  years  prior  to  or  after  the  passage  of  this  act,  his  or  her  appoint- 
ment thereafter  may,  at  the  discretion  of  the  board  of  trustees,  he 
made  for  a  term  not  to  exceed  four  years,  unless   removed  for  cause; 

Expend  moneys. 

8.  To  control  and  expend  all  moneys  appropriated  for  the  support 
and  maintenance  of  the  school,  and  all  moneys  received  for  tuition  or 

donations; 

Record  of  proceedings. 

9.  To  cause  a  record  of  all  their  proceedings  to  be  kept,  which  shall 
be   open   to   public   inspection   at   the   school; 

Account  of  receipts  and  expenditures. 

10.  To  keep  open  to  jiuMic  inspection  an  account  of  receipts  and  ex- 
penditures; 

Annual  report  of  transactions. 

11.  To  annually  report  to  the  state  superintendent  of  public  instruc- 
tion a  statement  of  their  transactions,  and  of  all  matters  pertaining 
to  the  school; 

President's  annual  report. 

12.  To  transmit  with  such  report  a  copy  of  the  president's  annual 
report; 

Revoke  diplomas. 

13.  To  revoke  any  diploma  by  them  granted,  on  receiving  satisfac- 
tory evidence  that  the  holder  thereof  is  addicted  to  drunkenness,  is 
guilty  of  gross  immorality,  or  is  reputedly  dishonest  in  his  dealings; 
provided,  that  such  person  shall  have  at  least  thirty  days'  previous 
notice  of  such  contemplated  action,  and  shall,  if  he  asks  it,  be  heard 
in  his  own  defense; 

Exclude  students. 

14.  On  recommendation  of  the  faculty  and  president  of  the  school, 
to  exclude  students,  who,  because  of  poor  scholarship  or  other  evi- 
dences of  unfitness,  are  judged  incapable  of  becoming  successful  teach- 
ers in  the  public  schools  of  the  state.  [Amendment  approved  June  13, 
1913;    Stats.    1913,    p.    S09.] 

State    board   of   education    created.     Vacancies. 

§  1517.  There  is  liereby  created  a  state  hoard  of  education  to  con- 
sist of  seven  members,  who  shall  be  appointed  by  the  governor  and  shall 
hold  office  for  a  term  of  four  years;  provided,  that  those  members 
first  appointed  hereunder  shall  be  appointed  within  thirty  days  after 
the   taking  effect   of   this   act;    one   shall   be   appointed   to   serve   for   a 


-3^5 


POLITICAL    CODE.  §    1518 


term  of  one  year;  two  for  a  term  of  two  years;  two  for  a  term  of 
three  years;  and  two  for  a  term  of  four  years.  Thereafter,  all  ap- 
pointments shall  be  for  a  term  of  four  years.  Should  any  vacancy 
occur,  such  vacancy  shall  be  filled  by  appointment  by  the  governor,  the 
person  ao  appointed  to  hold  office  only  for  the  balance  of  the  period 
of  time  that  his  predecessor  in  office  would  have  held  had  no  vacancy 
occurred. 

No  appointive  member  of  the  state  board  shall  during  his  term  of 
office  hold  any  salaried  educational  position.  [Amendment  approved 
June  6,  1913;  Stats.  1913,  p.  659.] 

Meeting  and  organization  of  board. 

§  1518.  Tlie  superintendent  of  public  instruction  shall  within  thirty 
days  after  the  appointment  of  the  state  board  of  education,  as  provided 
for  in  section  1517  of  the  Political  Code,  call  a  meeting  of  such  board 
in  his  office  and  said  board  shall  organize  by  electing  one  of  its  mem- 
bers president. 

Superintendent  of  public  instruction  secretary.     Duties. 

The  superintendent  of  public  instruction  shall  be  secretary  of  the 
board.  Such  secretary  shall  have  charge  of  all  correspondence  and 
keep  a  record  of  its  proceedings.  The  superintendent  of  public  in- 
struction shall  act  as  the  executive  officer  of  the  state  board  of  edu- 
cation. It  shall  be  the  duty  of  the  state  board  of  education  to  deter- 
mine all  questions  of  policy;  it  shall  be  the  duty  of  the  superintendent 
of  public  instruction  to  execute  under  direction  of  the  board  the  policies 
which  have  been  decided  upon,  and  to  direct,  under  such  general  rules 
and  regulations  as  the  state  board  of  education  may  adopt,  the  work 
of  all  assistant  superintendents  of  public  instruction,  and  such  other 
appointees,  and  employees  of  the  board  as  may  be  provided  by  law. 

Meetings. 

The  board  shall  meet  every  three  months  at  such  time  as  ^t  may  by 
resolution  determine,  and  special  meetings  may  be  called  by  the  presi- 
dent. Upon  the  request  of  any  two  members  in  writing,  the  secretary 
shall  call  a  special  meeting.  Notice  of  each  meeting  shall  be  given 
by  the  secretary  bj'  registered  mail  to  each  member  of  the  board 
at  least  ten  days  prior  to  the  time  of  any  meeting,  unless  notice  of 
such   meeting  is  waived  in  writing  by  all   members   of  the  board. 

Majority  may  act. 

The  concurrence  of  the  majority  of  all  the  members  of  the  state 
board   shall  be   necessary   to   the   validity   of   any   of  its   acts. 

Organization  after  change  in  membership. 

At  the  first  meeting,  following  any  change  in  the  membership  of  the 
board,   said   board   shall   again    organize    in   accordance   with    the    above 
provision.     [Amendment   approved   June   6,    1913;    Stats.    1913,   p.    659.] 
25 


§  1519  POLITICAL    CODE.  386 

Powers  and  duties. 

§  1519.  The  powers  and  duties  of  the  state  board  of  education  shall 
be  as  follows: 

Rules  and  regulatioas. 

First — To  adopt  rules  and  regulations  not  inconsistent  with  the  laws 
of  this  state  for  its  own  government,  for  the  government  of  its  ap- 
pointees and  employees,  for  the  government  of  the  day  and  evening 
elementary  schools,  the  day  and  evening  secondary  schools,  the  tech- 
nical and  vocational  schools  of  the  state  and  such  other  schools  except- 
ing the  University  of  California,  as  may  receive  in  whole  or  in  part 
financial  support  from  the  state.  Such  rules  and  regulations  shall  be 
published  for  distribution  as  soon  as  practicable  after  adoption. 

Attendance  of  witnesses,  etc. 

Second — To  issue  subpoenas  to  compel  the  attendance  of  witnesses 
before  the  board,  or  any  member  thereof,  in  the  same  manner  that  any 
court  in  this  state  may;  and  whenever  the  testimony  of  any  witness 
upon  any  matter  pending  before  it  is  material,  the  president  must  cause 
the  attendance  of  the  witness  before  such  board,  or  a  member  thereof, 
to  testify  concerning  such  matter,  and  the  board  may  make  a  reasonable 
allowance  therefor,  not  exceeding  the  fees  of  witnesses  in  civil  cases, 
which  must  be  paid  for  out  of  the  appropriation  for  the  contingent  ex- 
penses of  tlie  board,  but  in  no  instance  can  an  allowance  be  made  in 
favor  of  a  witness  who  appears  in  behalf  of  a  claimant. 

Seal. 

Third — To  adopt  and  use,  in  authentication  of  their  acts,  an  official 
seal. 

Assistant  superintendents  of  public  instruction. 

Fourth — To  appoint  throp  assistant  su]>erintenilents  of  public  instruc- 
tion, who  jhall  noi'  be  suliject  to  the  provisions  of  any  civil  service  law 
of  the  state,  and  who  shall  be  known  and  designated  as  follows: 

(a)  One  commissioner  of  elementary  schools,  who  shall  be  experienced 
in  teaching  in  and  supervising  elementary  schools. 

(b)  One  commissioner  of  secondary  schools,  who  shall  be  experienced 
in  teaching  and  who  has  been  principal  or  supervisor  of  secondary 
schools. 

(c)  One  commissioner  of  industrial  and  vocational  education  who  has 
had  experience  as  a  supervisor  of  industrial  or  vocational  education. 

Educational  needs  of  state.    Report  to  governor. 

(d)  The  state  board  of  education  shall  study  the  educational  condi- 
tions and  needs  of  the  state;  shall  make  plans  for  the  improvement  of 
the  administration  and  efliciency  of  the  public  schools  of  the  state; 
shall  have  power  to  conduct  educational  investigations  and  shall  employ 
educational  and  business  experts,  within  the  limits  of  its  appropriation 


387  POLITICAL   CODE.  §  1519 

therefor;  shall  annually  require  reports  as  to  the  activities  of  the  super- 
intendent of  public  instruction  and  the  assistant  superintendents,  and 
such  other  employees  as  it  may  direct  to  report,  for  submission  to  the 
governor,  and  the  same  shall  submit  biennially,  to  the  governor,  on  or 
before  the  fifteenth  day  of  September  next  preceding  the  regular  session 
of  the  legislature,  a  report  of  its  transactions  for  the  preceding  two 
years,  together  with  recommendations  of  its  needs  for  the  coming  bien- 
nium  and  such  recominemlations  as  to  changes  in  laws  or  new  educa- 
tional legislation  as  may  seem  to  it  to  be  necessary. 

Certificates  to  teach  in  high  schools. 

Fifth — (a)  To  prescribe  by  general  rule  the  credentials  upon  which 
persons  may  be  granted  certificates  to  teach  in  the  high  schools  of  this 
state.  No  credentials  shall  be  prescribed  or  allowed,  unless  the  same, 
in  the  judgment  of  said  board,  are  the  equivalent  of  a  diploma  of  grad- 
uation from  the  University  of  California,  and  are  satisfactory  evidence 
that  the  holder  thereof  has  taken  an  amount  of  pedagogy  equivalent  to 
the  minimum  amount  of  pedagogy  prescribed  by  the  state  board  of 
education  of  this  state,  and  include  a  recommendation  for  a  high  school 
certificate  from  the  faculty  of  the  institution  in  which  the  pedagogical 
work  shall  have  been  taken. 

Cases  of  individual  applicants. 

(b)  To  consider  the  cases  of  individual  applicants  who  have  taught 
successfully  for  a  period  of  not  less  than  twenty  school  months,  and 
who  are  not  possessed  of  the  credentials  prescribed  by  the  board  under 
the  provisions  of  this  section.  The  said  board,  in  its  discretion,  may 
issue  to  such  applicants  special  credentials  upon  which  they  may  be 
granted  certificates  to  teach  in  the  high  schools  of  the  state.  In  such 
special  cases,  the  board  may  take  cognizance  of  any  adequate  evidence 
of  preparation  which  the  applicants  may  present.  The  standard  of 
qualification  in  such  special  cases  shall  not  be  lower  than  that  repre- 
sented by  the  other  credentials  named  by  the  board  under  the  provisions 
of  this  section. 

Life  diplomas. 

(c)  To  grant  life  diplomas  of  four  grades,  valid  throughout  the  state 
as  follows: 

(1)  High  school:  Authorizing  the  holder  to  teach  in  any  primary  or 
grammar  or  high  school. 

(2)  Grammar  school:  Authorizing  the  holder  to  teach  in  any  primary 
or  grammar  school. 

(3)  Kindergarten-primary:  Authorizing  the  holder  to  teach  in  the 
kindergarten  class  of  any  primary  school. 

(4)  Special:  Authorizing  the  holder  to  teach  in  any  school  such  spe- 
cial branches  and  in  such  grades  as  are  named  in  such  diploma. 


§  1519  POLITICAL    CX)DE.  388 

Diplomas  to  persons  who  hold  county  certificates.    Fee. 

(d)  To  issue,  except  as  provided  in  sections  1503  and  1775  of  this 
code,  life  diplomas  only  to  such  persons  as  have  held  for  one  year,  and 
still  hold,  a  valid  county,  or  city  and  county,  certificate,  corresponding 
in  grade  to  the  grade  of  diploma  applied  for,  and  who  shall  furnish 
satisfactory  evidence  of  having  had  a  successful  experience  in  teaching 
of  at  least  forty-eight  months.  Not  less  than  twenty-one  months  of 
said  experience  shall  have  been  in  the  public  schools  of  California. 
Every  application  must  be  accompanied  to  the  state  board  of  education 
by  a  certified  copy  of  a  resolution  adopted  by  at  least  a  three-fourths 
vote  of  all  the  members  composing  a  county,  or  city  and  county,  board 
of  education,  recommending  that  the  diploma  be  granted,  and  also  by 
an  affidavit  of  the  applicant,  specifically  setting  forth  the  places  in 
which,  and  the  dates  between  which,  said  applicant  has  taught.  The 
application  for  any  credentials  or  diploma  or  document  mentioned  in 
tnis  chapter  must  also  be  accompanied  by  a  fee  of  two  dollars,  which 
fee  must  be  paid  into  the  state  treasury  to  the  credit  of  the  appropri- 
ation for  the  expenses  of  the  state  board  of  education  and  used  for  the 
purpose  of  defraying  the  expense  of  issuing  the  credentials,  document 
or  diploma. 

Revocations  of  life  diplomas. 

(e)  To  revoke  or  suspend  for  immoral  or  unprofessional  conduct,  or 
for  evident  unfitness  for  teaching,  life  diplomas,  documents  issued  under 
the  provisions  of  sections  1.503  and  1775  of  this  code,  or  credentials 
issued  in  accordance  with  subdivision  2  of  this  section;  and  to  adopt 
such  rules  for  said  revocation  as  they  may  deem  expe<lient  or  necessary. 

Printing. 

(f)  To  have  done  by  the  state  printer,  or  other  officer  having  the 
management  of  the  state  printing,  any  printing  required  by  it;  pro- 
vided, that  all  orders  for  printing  shall  first  be  approved  by  the  state 
board  of  control. 

Compilation  of  text-books. 

Sixth — To  compile  in  whole  or  in  part,  and  to  manufacture  such  text- 
books as  are  now  in  use;  to  compile,  or  cause  to  be  compiled,  and  man- 
ufacture such  other  additional  text-books  or  books,  as  it  may  deem 
necessary  or  proper  for  use  in  the  elementary  schools  of  this  state,  as 
provided  by  section  1(365  of  the  Political  Code;  to  purchase  beioks  when 
necessary,  or  lease  plates,  maps,  engravings  or  copyright  matter  for  the 
use  in  manufacturing  such  text-books;  contract  for,  or  lease  copyrights 
for  use  in  compiling,  printing  or  publishing  such  books;  to  provide  for  tiie 
payment  of  royalties  or  for  the  leasing  of  plates  or  making  the  whole 
or  any  part  of  a  book,  and  to  do  any  or  all  things  that  may  be  neces- 
sary for  the  purpose  of  procuring  a  uniform  series  of  text-books  for 
use  in  elementary  day  and  evening  schools  of  the  state. 


389  POLITICAL    CODE.  §  1519 

Contract  for  use  of  plates,  etc. 

Seventh — Whenever  any  plates,  maps,  or  engravings  of  any  publisher 
or  author  are  adopted  for  use,  or  whenever  any  books  have  been  pur- 
chased, as  hereinbefore  provided,  the  state  board  of  education  shall 
cuter  into  a  contract  for  not  less  than  four  years  nor  more  than  eight 
years  for  the  use  of  the  same  iu  the  elementary  day  and  evening  schools 
of  the  state,  and  shall  require  a  good  and  sufficient  bond  of  the  owner 
or  owners  of  such  books,  [ilates,  maps  or  engravings  under  a  written 
j;ii;iranty  that  the  same  shall  be  kept  revised  and  free  from  all  errors 
and  up  to  date  as  may  be  required  by  the  state  board  of  education. 

Copyrights  of  books  compiled.     Uniform  use  of  books. 

Kighth — The  state  board  of  education  may  secure  copj-rights  in  the 
name  of  the  people  of  the  state  of  California,  to  any  book  that  may  be 
compiled.  Whenever  any  one  or  more  of  the  state  text-books  shall  have 
liccn  comj)iled  or  purchased,  published  and  adopted,  the  superintendent 
of  public  instruction,  on  the  order  of  the  state  board  of  education  shall 
issue  an  order  to  all  county,  city,  city  and  county  school  superintendents 
by  sending  notices  by  registered  mail  to  said  superintendents  who  in  turn 
sliall  notify  the  secretaries  of  all  boards  of  education  in  the  cities  and 
the  clerk  of  the  board  of  school  trustees  and  the  teacher  or  principal 
in  each  school  district,  requiring  the  uniform  use  of  such  book,  in  the 
grades  of  the  elementary  day  and  evening  schools  for  which  they  have 
been  adopted,  and  when  such  order  has  thus  been  given  and  published, 
the  same  shall  remain  in  force  and  effect  for  a  term  of  not  less  than 
four  nor  more  than  eight  years;  providod,  that  such  order  for  the  uni- 
form use  of  such  book,  shall  not  take  effect  until  the  beginning  of  the 
next  fiscal  year;  namely,  the  first  of  July  next  following  the  issue  of 
the  order,  or  at  such  time  thereafter  as  may  be  fixed  by  the  state  board 
of  education;  provided,  that  the  book  shall  go  into  use  at  the  beginning 
of  a  fiscal  year. 

When  a  book  has  been  adopted,  the  state  board  of  education  shall 
enforce  the  uniform  use  of  such  book,  in  the  elementary  day  and  even- 
ing schools  for  which  said  book  has  been  adopted. 

Refusal  to  use  state  text-books,  misdemeanor. 

Ninth — Any  teacher,  or  city,  county,  or  city  and  county  superintend- 
ent of  schools  or  any  board  of  education,  refusing  or  neglecting  to  use 
said  series  of  state  text-books  at  the  time  required  in  the  last  preced- 
ing subdivision  of  this  act,  shall  be  guilty  of  a  misdemeanor,  and  upon 
proof  thereof  of  such  refusal  or  neglect,  shall  be  subject  to  a  fine  not 
exceeding  one  hundred  dollars  for  each  offense;  provided,  that  nothing 
herein  contained  shall  in  any  way  restrict  the  additional  use  of  such 
books  as  are  now  provided  in  section  1712  of  the  Political  Code. 

Superintendent  of  state  printing  to  supervise  work,   etc.     Cost-finding 
report.     Monthly  report. 
Tenth — The   superintendents   of  state   printing   shall   have   supervision 
of  all  the  mechanical  work  connected  with  the  printing  of  such  books 


§  1519  POLITICAL   CODE.  390 

as  may  be  compiled  and  adopted,  subject  to  the  approval  of  the  state 
board  of  education  or  such  representative  of  the  state  board  of  educa- 
tion as  may  be  appointed  to  supervise  such  work.  The  superintendent 
of  state  printing  shall  print  and  bind  such  books  in  lots  of  not  less 
than  five  thousand  and  turn  them  over  to  the  state  board  of  education 
at  the  warehouse,  and  receive  payment  therefor  on  the  approval  of  the 
items  of  said  cost  by  the  state  board  of  education  or  the  duly  author- 
ized agent  of  said  board,  and  upon  the  approval  of  the  bill  by  the  board 
of  control.  He  shall  furnish  one  copy  of  a  cost-finding  report  showing 
items  of  work  and  the  materials  and  the  exact  cost  of  each  item  for 
each  of  said  lot  of  books,  to  the  state  board  of  education  and  one  copy 
to  the  board  of  control.  The  superintendent  of  state  printing  shall  on 
the  first  day  of  each  month  furnish  to  the  state  board  of  education  a 
detailed  statement  showing  the  name  and  number  of  books  published 
by  him  during  the  preceding  month,  and  the  number  then  in  course  of 
publication. 

Price  of  books  fixed.     Sale  to  private  schools. 

Eleventh — On  receiving  a  copy  of  the  cost-finding  report  and  estimated 
cost  of  the  publishing  of  any  book,  the  state  board  of  education  there- 
upon shall  determine  and  fix  the  cost  price  of  such  books  by  adding 
to  the  cost  of  manufacture,  the  contract  price  to  be  paid  as  royalt}-  or 
for  the  use  of  plates,  maps,  or  engravings  or  copyrighted  matter,  and 
said  price,  to  which  has  been  added  ten  per  cent  of  such  price  to  cover 
overhead  ex{)ense,  shall  be  deemed  to  be  the  whole  cost  of  publication 
of  such  book  at  Sacramento.  The  state  board  of  education  may  provide 
for  the  sale  at  not  less  than  cost  price  of  state  text-books  to  private 
schools,  individuals,  or  dealers  under  such  rules  and  regulations  as  may 
be  adopted  by  said  board  of  education;  provided,  that  such  books  be 
not  sold  by  dealers  for  more  than  the  cost  price  at  Sacramento,  plus 
the  postage,  packing  and  cartage  on  such  books,  which  price  shall  be 
established   b^-   said   board   of  education. 

Orders  for  text-books.     Royalty  pajrments. 

Twelftli — All  orders  for  text-books  shall  be  forwarded  to  the  super- 
intendent of  public  instruction  on  blanks  furnished  by  him.  He  shall 
investigate  such  orders  and  make  necessary  changes  and  forward  the 
same  to  the  person  in  charge  of  the  warehouse  and  shipment  of  books 
with  definite  orders  for  shipment.  He  shall  keep  an  accurate  account 
of  the  amount  of  money  received  from  the  sale  of  textbooks  for  each 
month  and  report  to  the  controller  on  or  before  the  fifth  of  the  suc- 
ceeding month,  the  number  of  books  sold,  or  distributed,  and  the  amount 
of  money  collected  therefor,  and  shall  pay  such  money  into  the  treas- 
ury to  the  credit  of  the  "school  text-book  fund."  The  amount  fixed 
for  royalty  and  costs  of  plates  of  copyright  matter  in  favor  of  any 
company,  or  individual,  shall  be  presented  by  the  superintendent  of 
public  instruction  to  the  state  board  of  education  for  its  approval.  Said 
claim  shall  be  paid  quarterly,  in  the  same  manner  as  other  claims  upoa 
the  state  treasury,  on  the  approval  of  the  board  of  control. 


391  POLITICAL   CODE.  §  1519 

Teacher's  requisition  of  books  needed.     Desk  copy. 

Thirteenth — Upon  closing  a  term  of  school,  each  teacher  or  principal 
shall  prepare,  upon  requisition  blanks  furnished  by  the  superintendent 
of  public  instruction,  an  order  for  the  number  of  state  text-books  esti- 
mated to  be  required  for  use  in  the  school  under  his  charge  at  the 
opening  of  the  ensuing  term.  Such  order  shall  be  a  part  of  the  annual 
report  required  by  subdivision  6  of  section  1696  of  the  Political  Code. 
The  superintendent  of  schools  shall  in  no  case  draw  a  requisition  for 
the  salary  of  any  teacher  for  the  last  month  of  the  school  term  until 
the  order  required  by  this  subdivision  has  been  filed  and  by  him  ap- 
proved. Orders  for  additional  books  may  be  forwarded  at  any  time 
on  the  approval  of  the  county  superintendent  of  schools. 

In  ordering  free  text-books,  any  teacher  may  order  one  copy  of  any 
series  of  books  for  use  on  the  teacher's  desk,  if  not  supplied  with  such 
book,  which  copy  shall  be  sent  by  the  superintendent  of  public  instruc- 
tion free  of  cost  with  other  school  books. 

Shipment  of  books. 

Fourteenth — On  receiving  orders  from  the  superintendent  of  public 
instruction  for  text-books  the  person  in  charge  of  the  warehouse  and 
shipment  of  books  shall  forward  by  freight,  express  or  mail,  as  directed 
by  the  superintendent  of  public  instruction,  to  the  nearest  freight  depot, 
express  or  postoffice,  in  the  name  of  the  clerk  of  the  school  district  or 
the  city  superintendent  of  schools  in  cities,  the  number  of  books  called 
for  in  said  order. 

Appropriation  subject  to  draft  of  board. 

Fifteenth — The  appropriation  heretofore  made,  known  as  the  "text- 
book appropriation,"  shall  be  subject  to  the  draft  of  the  state  board 
of  education  for  necessary  expenses  incurred  by  it  for  oflEice  supplies, 
the  hiring  of  expert  assistants,  and  for  other  necessary  expenses;  pro- 
vided, that  all  claims  shall  be  presented  to  the  board  of  control  for  its 
approval. 

State  school  book  fund.     Claims. 

Sixteenth — All  moneys  that  have  been  received  or  may  hereafter  be 
received  from  the  sale  of  said  series  of  state  text-books  to  private  schools 
or  to  dealers  or  persons  or  that  may  be  appropriated  by  the  legislature 
for  publishing  said  series  of  state  text-books,  shall  be  kept  by  the  state 
treasurer  in  a  fund  known  as  the  "state  school  book  fund."  This  fund 
shall  be  subject  to  the  order  of  the  state  board  of  education  for  all 
expenses  incurred  by  the  superintendent  of  printing  for  all  material, 
labor,  and  other  expenses  necessary  for  publishing  state  school  text- 
books, and  for  all  books  purchased,  for  the  cost  of  shipping  free  text- 
books, and  for  necessary  employees  in  connection  with  such  shipment 
as  may  be  determined  by  the  state  board  of  education. '  All  claims  to 
be  drawn,  after  being  certified  by  the  claimant  and  the  items  approved 
by  the  secretary  of  the  state  board  of  education  shall  be  presented  to 
the   board  of   control   for   its   approval,   and   upon   the   approval   of   said 


§§  1520,  1521  POLITICAL  CODE.  392 

board  of  control,  the  state  controller  is  hereby  authorized  and  directed 
to  draw  his  warrant  on  the  state  treasurer,  who  is  hereby  directed  to 
pay  the  same.  [Amendment  approved  June  6,  1913;  Stats.  1913, 
p.  660.] 

Visits  to  elementary,  secondary  and  industrial  schools. 

§  1520.  The  conimissionfr  of  elementary  schools  shall  visit  the  ele- 
mentary day  and  evening  schools  of  the  several  counties  of  the  s^ate, 
and  investigate  the  course  of  study  adopted  in  such  schools.  He  shi.ll 
enforce  the  use  of  the  state  text-books  and  shall  report  to  the  state 
board  of  education  his  findings,  and  shall  make  such  recommendations 
to  the  state  board  of  education  as  he  may  deem  best,  and  shall  perform 
such  other  duties  as  may  be  assigned  by  the  superintendent  of  public 
instruction,  under  the  direction  of  the  state  board  of  education. 

The  commissioner  of  secondary  schools  shall  visit  and  investigate  the 
secondary  day  and  evening  schools  of  the  several  counties  of  the  state. 
He  may  recommend  changes  in  the  courses  of  study  and  shall  investi- 
gate all  contracts  with  text-book  companies  and  see  that  they  comply 
with  the  law,  and  shall  perform  such  other  duties  as  may  be  assigned 
by  the  superintendent  of  public  instruction  under  the  direction  of  the 
state  board  of  education. 

The  commissioner  of  industrial  and  vocational  education  shall  visit  all 
the  schools  receiving  financial  support,  in  whole  or  in  part,  from  the 
state,  in  which  industrial  and  vocational  education  is  given  or  contem- 
plated. He  shall  have  power  to  recommend  changes  to  the  various 
boards  governing  such  schools,  and  shall  present  the  state  board  of 
education  a  report  of  the  work  in  such  schools,  and  shall  perform  such 
other  duties  as  nia}'  be  assigned  by  the  superintendent  of  public  instruc- 
tion under  the  direction  of  the  state  board  of  education.  [Amendment 
approved  .Tune  6,   11113;  Stats.   1913,  p.  GC6.] 

Compensation. 

§  1521.  First — The  members  of  the  state  board  of  education  shall 
receive  as  compensation  fifteen  dollars  ($15)  per  day  when  the  board 
is  in  session.  They  shall  receive  their  actual  and  necessary  traveling 
expenses. 

Salary  of  assistants. 

Socoiul^ — Hacli  assistant  superintendent  of  public  instruction  provided 
for  by  section  1519  of  the  Political  Code  shall  receive  a  salary  of  four 
thousand  dollars  ($4,000)  per  annum,  payable  at  the  same  time  and  in 
the  same  manner  as  the  salary  of  state  officers  is  paid.  They  shall 
also  receive  their  actual  and  necessary  traveling  expenses  while  on  offi- 
cial business. 

Clerical  help. 

Third — Within  their  appropriation,  the  state  board  of  education  may 
appoint  such  clerical  and  other  helji  as  may  from  time  to  time  be 
necessary.     [Amendment  approved  June  6,  1913;   Stats.   1913,  p,  660.] 

Citations.      Cal.    163/349. 


393  POLITICAL  CODE.  §§  1522-1532 

Traveling  expenses  of. 

§  1522.     [Repealed  June  6,  1913;   Stats.   1913,  p.  660.] 

§  1524. 

Citations.      App.    (subd.   3)    12/593. 

Preference  given  text-books  written,  etc.,  in  California. 

§  1527.  It  shall  be  the  duty  of  any  board  of  education,  school  board, 
board  of  trustees,  official,  officer  or  any  other  person  elected  or  appointed 
to  carry  out  the  provisions  of  the  laws  of  the  state  of  California  relating 
to  the  public  schools  of  said  state  and  vested  with  the  power  of  designat- 
ing text-books  to  be  used  in  the  said  public  schools,  in  so  designating 
such  text-books,  unless  otherwise  provided  by  general  law,  to  give  prefer- 
ence to  any  text-book  on  any  given  subject  of  public  instruction  which  is 
entirely  written,  compiled,  printed  and  published  in  the  state  of  Cali- 
fornia, to  the  exclusion  of  any  such  text-book  entirely  or  partly  written, 
compiled,  printed  and  published  outside  of  the  state  of  California;  pro- 
vided, it  shall  appear  to  them  that  such  text-book  so  as  aforesaid  pro- 
duced in  the  state  of  California,  shall  be  of  superior  or  equal  educational 
merit  to,  and  can  be  procured  at  the  same  or  less  cost  than  any  such  text- 
book, so  as  aforesaid,  entirely  or  partly  written,  compiled,  printed  and 
published  outside  of  the  state  of  California.  [New  section  approved  June 
13,  1913;  Stats.  1913,  p.  777.] 

Duties  of  superintendent  of  public  instruction. 

§  1532.     It  is  the  duty  of  the  superintendent  of  public  instruction: 
First- — To  superintend  the  schools  of  this  state. 

Report  to  governor. 

Second — To  report  to  the  governor,  on  or  before  the  fifteenth  day  of 
September  preceding  each  regular  session  of  the  legislature,  a  statement 
of  the  conditions  of  the  state  normal  schools  and  other  educational  in- 
stitutions supported  by  the  state  and  of  the  public  schools. 

Tabular  statements  accompanying  report. 

Third — To  accompany  his  report  with  tabular  statements,  showing  the 
number  attending  public  schools,  and  the  average  attendance;  the  amount 
of  state  school  fund  apportioned,  and  the  sources  from  which  derived; 
the  amount  raised  by  county,  city  and  county  and  district  taxes,  or  from 
other  sources  of  revenue,  for  school  purposes;  and  the  amount  expended 
for  salaries  of  teachers,  for  building  schoolhouses,  for  district  school 
libraries,  and  for  incidental  expenses. 

Apportion  school  funds. 

Fourth — To  apportion  the  state  school  fund;  and  to  furnish  an  abstract 
of  such  apportionment  to  the  state  controller,  the  state  board  of  exam- 
iners, and  to  the  county  and  city  and  county  auditors,  county  and  city 
and  county  treasurers  and  to  the  county  and  city  and  county  school 
superintendents   of   the   several   counties   of   the   state.     In   apportioning 


§  1532  POLITICAL   CODE.  394 

spid  fund  he  shall  apportion  to  every  county  and  to  every  city  and  county 
two  hundred  fifty  dollars  for  every  teacher  determined  and  assigned  to 
it  on  average  daily  attendance  by  the  county  or  city  and  county  school 
superintendent  for  the  next  preceding  school  year,  as  required  of  the 
count}'  or  city  and  county  school  superintendent  by  the  provisions  of 
section  1838  of  this  code,  and  after  thus  apportioning  two  hundred  fifty 
dollars  on  teacher  basis,  he  shall  apportion  the  balance  of  the  state  school 
fund  to  the  several  counties  or  cities  and  counties  according  to  their 
average  daily  attendance  as  shown  by  the  reports  of  the  county  or  city 
and  county  school  superintendents  for  the  next  preceding  school  year. 

Drawing  orders  for  school  moneys. 

Fifth — To  draw  his  onler  on  the  controller  in  favor  of  each  county  or 
city  and  county  treasurer  for  school  moneys  apportioned  to  the  county 
or  city  and  county. 

Prepare  blanks. 

Sixth — To  profiare,  have  printed,  and  fnrniph  all  oflfioers  charged  with 
the  administration  of  the  laws  relating. to  the  public  schools,  and  to 
teachers,  such  blank  forms  and  books  as  may  he  necessary  to  the  dis- 
charge of  their  duties,  including  blank  teachers'  certificates  to  be  used 
by  county  and  city  and  county  boards  of  education. 

Compile  school  laws. 

Seventh — 'I'o  h.ivo  the  laws  relating  to  the  public  schools  printed  in 
pamphlet  form,  and  to  supply  school  officers  and  school  libraries  with 
one  copy  each. 

Visit  asylums. 

Eighth — To  visit  the  several  orphan  asylums  to  which  state  appropria- 
tions are  made,  and  examine  into  the  course  of  instruction  therein. 

Visit  schools. 

rs'intli.  To  visit  the  schools  in  the  different  counties,  and  inquire  into 
their  condition;  and  the  actual  traveling  expenses  thus  incurred,  pro- 
vided, that  they  do  not  exceed  eighteen  hundred  dollars  per  annum,  shall 
be  allowed,  audited  and  paid  out  of  the  general  fund  in  the  same  mar.ncr 
as  other  claims  are  audited  and  paid. 

Authenticate  orders. 

T(  nth — To  authenticate  with  his  official  seal  all  drafts  or  orders  drawn 
by  him,  and  all  papers  and  writings  issued  from  his  office. 

Bind  documents. 

Kleventh — To  have  bound,  at  the  state  bindery,  all  valuable  school  re- 
ports, journals,  and  documents  in  his  office  or  hereafter  received  by  him. 

Report  daily  attendance. 

Twelfth — To  rei)ort  to  the  controller,  on  or  before  the  tenth  day  of 
September  of  each  year,  the  total  average  daily  attendance  in  the  ele- 


395  POLITICAL  CODE.  §§  1536-1543 

mentary  day  and  evening  schools  and  the  average  daily  attendance  of 
the  day  and  evening  high  sfhools,  as  shown  by  the  annual  reports  of  the 
county  superintendents  of  the  several  counties  on  file  in  his  oflSce  for  the 
school  year  immediately  preceding. 

Deliver  records  to  successor. 

1'hirteenth — To  deliver  over,  at  the  expiration  of  his  term  of  office,  on 
demand  to  his  successor,  all  property,  books,  documents,  maps,  records, 
reports,  and  other  papers  belonging  to  his  office  or  which  may  have  been 
received  by  him  for  the  use  of  his  office.  [Amendment  approved  June 
13,  1913;  Stats.  2913,  p.  774.] 

Citations.      Cal.    (subd.  4)   163/347. 

§  1536. 

Citations.     App.   12/593. 

Duties  of  county  superintendents  of  schools. 

§  1543.     It  is  the  duty  of  the  superintendent  of  schools  of  each  county: 
First — To  superintend  the  schools  of  his  county. 

Apportion  school  moneys. 

ISecond — 1.  To  apportion  the  school  moneys  to  each  school  district  as 
provided  in  section  1858  of  this  code,  at  least  four  times  a  year.  For 
this  purpose  he  may  require  of  the  county  auditor  a  report  of  the  amount 
,of  nil  school  moneys  on  hand  to  the  credit  of  the  several  school  funds  of 
the  county  not  already  apportioned;  and  it  is  hereby  made  the  duty  of 
the  auditor  to  furnish  such  report  when  so  required;  and  whenever  an 
excess  of  money  has  accumulated  to  the  credit  of  a  school  district  beyond 
a  reasonable  amount  necessar}'  to  maintain  a  school  for  eight  months,  in 
such  district  for  the  year,  the  superintendent  of  schools  shall  place  said 
excess  of  money  to  the  credit  of  the  unapportioned  school  funds  of  the 
county,  and  shall  apportion  the  same  as  other  school  funds  are  appor- 
tioned. 

Report  districts  having  less  than  five  pupils  in  daily  attendance.  Dis- 
trict lapsed. 
2.  If  in  any  school  district  there  has  been  an  average  daily  attend- 
ance of  only  five  or  a  number  of  pupils  less  than  five  during  the  whole 
school  3'ear,  the  superintendent  shall,  after  giving  due  notice  to  all  par- 
ties interested  by  sending  notices  by  registered  mail  to  each  of  the  trus- 
tees, or,  by  causing  notices  to  be  posted  in  three  public  places  in  the 
district,  one  of  which  shall  be  at  the  door  of  the  schoolhouse,  for  not  less 
than  ten  days,  report  the  fact  to  the  board  of  supervisors  at  their  first 
meeting  in  -August.  The  board  of  supervisors  shall  investigate  the 
matter,  and,  if  in  its  judgment  it  would  be  better  to  temporarily  suspend 
the  school  district  they  shall  immediately  so  suspend  it.  If  the  board  of 
supervisors  find  that  there  are  other  school  facilities  or  that  there  is  no 
reasonable  chance  to  re-establish  the  district  they  shall  declare  the  dis- 


§  1543  POLITICAL   CODE.  396 

trict  lapsed,  and  shall  attach  the  territory  thereof  to  one  or  more  of  the 
adjoining  districts  in  such  manner  as  may  be  by  them  considered  most 
convenient  for  the  residents  of  said  lapsed  district. 

Ee-establishment  of  suspended  district. 

3.  At  the  meeting  of  the  board  of  supervisors  in  the  months  of  .July, 
August,  or  September,  the  board  of  supervisors  may  re-establish  a  sus- 
pended school  district  upon  proper  showing  of  the  people  or  board  of 
school  trustees  of  the  district  that  there  are  eight  or  more  pupils  of  the 
district  ready  to  attend  schooi. 

Five  hundred  and  fifty  dollars  set  aaide  for  suspended  district. 

4.  After  a  district  has  been  suspended,  the  county  superintendent  shall 
at  the  time  of  making  the  apportionment  of  school  moneys  as  provided  in 
section  18o8  of  the  Political  Code,  set  aside  for  such  suspended  district, 
the  sum  of  five  hundred  and  fifty  dollars.  This  amount,  with  any  unex- 
pended balance  to  the  credit  of  the  di^strict,  shall  be  held  for  the  use  of 
the  suspended  district,  in  case  it  should  be  re-established,  and  so  much 
of  it  as-  may  be  needed  to  keep  the  property  of  the  suspended  district 
insured,  and  to  pay  the  census  mar!<h:il,  may  be  expended  by  the  trustees 
in  the  same  manner  as  if  the  district  were  not  suspended.  But  no  subse- 
quent af)portionmcnt  shall  V)e  made  to  a  suspended  district,  until  it  is  re 
estalilished  as  provided  in  subdivision  3  of  this  section. 

Trustees  elected. 

5.  Trustees  shall  be  elected  or  appointed  in  suspended  districts  just 
as  if  they  were  not  suspended. 

Notice  to  declare  district  lapsed. 

/i.  The  suj'erintoinlent  may  at  any  time  in  the  month  of  July  of  any 
year  give  notice  as  provided  in  subdivision  2  of  this  section,  to  any  sus- 
pended district  which  has  not  maintained  school  during  the  year  past, 
and  at  the  first  meeting  of  the  board  of  supervisors  in  August  ask  that 
such  district  be  declared  lapsed. 

Suspended  district  may  be  merged  with  adjoining  district. 

7.  A  suspended  district  may  be  imTgcil  with  one  or  more  adjoining  dis- 
tricts whenever  a  petition  signed  by  the  majority  of  heads  of  families 
residing  in  each  of  said  districts  shall  be  presented  to  the  board  of 
supervisors.  Such  petition  must  be  filed  with  the  county  superintendent 
and  by  him  presented  to  the  board  of  supervisors  with  such  suggestions 
as  he  thinks  best. 

Winding  up  affairs  of  lapsed  district. 

8.  When  any  district  has  been  declared  lapsed,  the  board  of  supervisors 
shall  sell  or  otherwise  dispose  of  the  jtroperty  thereto  belonging,  and  shall 
place  the  proceeds  of  such  sale  to  the  credit  of  the  district.  Thereupon 
the  superintendent  shall  determine  all  outstanding  indebtedness  of  said 
lapsed  district,  and  shall  draw  his  requisition   upon   the   county   auditor 


397  POLITICAL    CODE.  §  1543 

in  payment  thereof.  Any  balance  of  moneys  remaining  to  the  credit  of 
said  lapsed  district  after  all  indebtedness  has  been  paid  shall  be  trans- 
ferred by  the  superintendent  to  the  credit  of  the  district  into  which  the 
said  lapsed  district  has  been  merged.  If  the  lapsed  district  has  been 
attached  to  more  than  one  of  the  adjoining  districts,  the  superintendent 
must  apportion  the  moneys  remaining  to  the  credit  of  the  lapsed  district 
to  the  several  districts  pro  rata  according  to  the  average  daily  attend- 
ance in  the  respective  distiicts  as  shown  by  the  teacher's  report  for  the 
preceding  school  year.  Should  there  not  be  sufficient  funds  to  the  credit 
of  the  lapsed  district  to  liquidate  all  of  the  outstanding  indebtedness 
thereof,  the  superintendent  shall  draw  his  requisition  upon  the  county 
auditor  pro  rata  for  the  several  claims. 

Draw  requisition  against  district  fund  for  expenses.     Blanks. 

Third — On  the  order  of  the  board  of  school  trustees,  or  board  of  educa- 
tion of  any  city  or  town  having  a  board  of  education,  to  draw  his  requisi- 
tion upon  the  county  auditor  for  all  necessary  expenses  against  the 
school  fund  of  any  district.  The  requisitions  must  be  drawn  in  the  order 
in  which  the  orders  therefor  are  filed  in  his  office.  Each  requisition  must 
specify  the  purpose  for  which  it  is  drawn,  but  no  requisition  shall  be 
drawn  upon  the  order  of  the  board  of  school  trustees  or  board  of  educa- 
tion against  the  funds  of  any  district  except  the  teachers'  or  janitors' 
salaries,  unless  such  order  is  accompanied  by  an  itemized  bill  showing  the 
separate  items,  and  the  price  of  each,  in  payment  for  which  the  order 
is  drawn;  nor  shall  any  requisition  for  teachers'  or  janitors'  salaries  be 
drawn  unless  the  order  shall  state  the  monthly  salary  of  teacher  or 
janitor,  and  name  the  months  for  which  such  salary  is  due.  Upon  the 
receipt  of  such  requisition  the  auditor  shall  draw  his  warrant  upon  the 
county  treasurer  in  favor  of  the  parties  for  the  amount  stated  in  such 
requisition.  The  order  of  the  board  of  school  trustees,  or  board  of  educa- 
tion, shall  be  made  only  on  the  form  of  blank  approved  by  the  super- 
intendent of  public  instruction;  provided,  that  said  blanks  shall  be 
printed  and  furnished  to  the  school  districts  by  the  board  of  supervisors 
of  the  respective  counties  of  the  state,  and  when  signed  by  at  least  two 
members  of  the  board  of  trustees,  or  the  officials  authorized  to  sign 
orders  for  the  board  of  education,  shall  be  transmitted  to  the  superin- 
tendent, who  shall,  in  ease  he  approve  said  demand,  indorse  upon  it, 
"examined  and  approved,"  together  with  the  number  and  date  when  ap- 
proved, and  shall,  in  attestation  thereof,  affix  his  signature  thereto,  and 
deliver  the  same  to  the  claimant,  or  his  order,  who  shall  transmit  the 
same  to  the  auditor,  w^ho  shall,  in  case  he  allows  said  demand,  indorse 
upon  it,  "allowed,"  together  with  the  number  and  date  when  allowed, 
and  shall,  in  attestation  thereof,  affix  his  signature  thereto,  and  deliver 
the  same  to  the  claimant  and  make  a  proper  record  thereof  and  charge 
against  the  particular  fund  of  the  particular  district  against  which  such 
demand  was  allowed;  and  said  demand  when  so  approved  and  signed  by 
the  superintendent,  and  when  so  allowed  and  signed  by  the  auditor,  shall 


§  1543  POLITICAL   CODE.  398 

constitute  the  requisition  on  the  auditor,  and  the  warrant  on  the  treasury 
within  the  meaning  of  this  act. 

Keep  register  of  requisitions. 

Fourth — To  k<^cp  ojifn  to  the  inspection  of  the  public  a  register  of 
requisitions,  showing  the  fund  upon  which  the  requisitions  have  been 
drawn,  the  number  thereof,  in  whose  favor,  and  for  what  purpose  they 
were  drawn,  and  also  a  receipt  from  the  person  to  whom  the  requisition 
was  delivered. 

Visit  schools. 

Fifth — To  visit  and  examine  each  school  in  his  county  at  least  once 
in  each  year.  For  every  school  not  so  visited  the  board  of  supervisors 
must,  on  proof  thereof,  deduct  ten  dollars  from  his  salary. 

Preside  over  institutes. 

Sixth — To  preside  over  tcachprs'  institutes  held  in  his  county,  and  to 
secure  the  attendance  thereat  of  lecturers  competent  to  instruct  in  the 
art  of  teaching,  and  to  report  fo  the  county  board  of  education  the  names 
of  all  teachers  in  the  county  who  fail  to  attend  regularly  the  sessions 
of  the  institute;  to  enforce  the  course  of  study,  the  use  of  state  text- 
books, and  the  rules  and  regulations  for  the  examination  of  teachers 
prescribed  by  the  proper  authority. 

Issue  temporary  certificates. 

ScstMith — He  shall  have  power  to  issue  temporary  certificates  of 
equivalent  grades  to  persons  holding  valid  secondary  or  high  school,  ele- 
mentary or  grammar  school,  kindergarten,  primary  and  special  certifi- 
cates granted  by  county  boards  of  education  of  California;  or  to  persons 
who  are  graduates  of  college,  normal  schools,  or  universities  and  who 
hold  valid  certificates  issued  outside  of  California  when,  in  the  judg- 
ment of  the  su])erintcn(lent,  such  certificates  correspond  in  grade  to  any 
certificate  which  may  be  issued  under  the  j)rovisiun3  of  section  177.5  of 
the  Political  Code  of  California;  which  tcmjiorary  certificate  when  issued 
between  July  first  and  December  thirtieth  shall  expire  on  January  first 
following;  and  when  issued  between  .fanuary  first  and  June  twenty-ninth 
shall  expire  on  July  first  following;  provided,  further,  that  he  shall  have 
power  to  issue  temporary  elementary  certificates  valid  for  two  years  to 
graduates  of  the  University  of  California  and  to  graduates  of  the  Leland 
Stanford  Junior  University;  and  provided,  further,  that  no  person  shall 
be  entitled  to  receive  a  temporary  certificate  more  than  once  in  the  same 
county. 

Distribute  laws. 

Eighth — To  distribute  all  laws,  reports,  circulars,  instructions,  and 
blanks  which  he  may  receive  for  the  use  of  school  officers. 

Keep  reports. 

Ninth — To  keep  in  his  office  the  reports  of  the  superintendent  of  public 

instruction. 


399  POLITICAL   CODE.  ^  1543 

Keep  records. 

Tenth — To  keep  a  record  of  his  official  acts,  and  of  all  the  proceedings 
of  the  county  board  of  education,  including  a  record  of  the  standing,  in 
each  study,  of  all  applicants  examined,  which  shall  be  open  to  the  in- 
spection of  any  applicant  or  his  authorized  agent. 

Pass  upon  schoolhouse  plans. 

Eleventh — Except  in  incorporated  cities  having  boards  of  education, 
to  pass  upon  and  approve  or  reject  all  plans  for  schoolhouses.  To  enable 
him  to  do  so,  all  boards  of  trustees,  before  adopting  any  plans  for  school 
buildings,  must  submit  the  same  to  the  county  superintendent  for  his 
approval. 

Fill  vacancies. 

Twelfth — To  appoint  trustees  to  fill  all  vacancies  for  the  full  term 
thereof;  when  new  districts  are  organized  to  appoint  trustees  for  the 
same,  who  shall  hold  oflfie^  until  the  first  day  of  May  next  succeeding 
their  appointment.  In  case  of  the  failure  of  the  board  of  school  trustees 
to  appoint  a  clerk  of  the  district  on  the  proper  date  or  in  case  of  a 
vacancy  in  the  position  of  clerk  of  the  district,  the  superintendent  shall 
appoint  a  member  of  the  board  of  school  trustees  clerk  of  the  district. 
In  case  of  the  failure  of  the  trustees  to  employ  a  janitor,  as  provided  in 
section  1617,  subdivision  7,  of  this  code,  he  shall  appoint  a  janitor,  who 
shall  be  paid  out  of  the  school  fund  of  the  district.  Should  the  laoard 
of  school  trustees  of  any  district  fail  or  refuse  to  issue  an  order  for  the 
compensation  of  such  service,  the  superintendent  is  hereby  authorized  to 
issue,  without  such  order,  his  requisition  upon  the  county  school  fund 
apportioned  to  such  district. 

Make  reports. 

Thirteenth — To  make  reports,  when  directed  by  the  superintendent  of 
public  instruction,  showing  such  matters  relating  to  the  public  schools 
in  his  county  as  may  be  required  of  him. 

Preserve  reports  of  ofla.cers. 

Fourteenth — To  preserve  carefully  all  reports  of  school  officers  and 
teachers,  and,  at  the  close  of  his  official  term,  deliver  to  his  successor 
all  records,  books,  documents,  and  papers  belonging  to  the  office,  taking 
a  receipt  for  the  same,  which  will  be  filed  in  the  office  of  the  county  clerk 

Grade  schools. 

Fifteenth — The  county  superintendent  shall,  unless  otherwise  provided 
by  law,  in  the  month  of  July  of  each  year  grade  each  school,  and  a  rec- 
ord thereof  shall  be  made  in  a  book  to  be  kept  by  the  county  superin- 
tendent in  his  office  for  this  purpose.  And  no  teacher  holding  a  certifi- 
cate below  the  grade  of  said  school  shall  be  employed  to  teach  the  same. 

Recommend  contracts  with  government  for  education  of  Indian  children. 

Sixteenth — On  the  recommendation  of  the  county  superintendent  of 
schools,  boards  of  school  trustees  and  city  boards  of  education  are  hereby 


§  ISiSa  POLITICAL   CODE.  400 

empowered  to  enter  into  contract  with  the  national  ffovernment  to  re- 
ceive money  from  said  national  jrovernnipnt  for  the  InHian  children  in 
attendance  in  the  schools  under  the  .iurisdiction  of  said  boards,  in  addi- 
tion to  any  money  that  may  be  appropriated  for  such  schools  by  the 
state  and  the  county.  Any  money  received  on  such  contract  shall  be 
transmitted  to  the  county  superintendent  of  schools  to  be  by  him  paid 
into  the  county  treasury  to  the  credit  of  the  county  school  fund  of  such 
school  district.  On  the  receipt  of  such  money  the  superintendent  shall 
notify  the  clerk  of  the  board  of  school  trustees  of  the  receipt  of  the 
money.     [Amendment  approved  June  13,  1913;  Stats.  1913,  p.  799.] 

Also  amended  May   1,   1911    (Stats.   1911,   p.   1274). 

Citations.      Cal.   163/351. 

Interest  to  be  paid  on  unpaid  orders  against  school  districts. 

§  1543a.  When  any  claim  or  demand  against  any  school  district,  or 
union  school  district,  or  joint  union  school  district,  or  high  school  dis- 
trict, or  city  high  school  district,  or  union  high  school  district,  or  joint 
union  high  school  district,  or  county  high  school  district  shall  be  presented 
to  the  superintendent  of  schools  of  any  county  or  city  and  county,  no 
requisition  upon  the  county  auilitor  shall  bo  drawn  thereon  unless  there 
is  sufficient  money  in  the  fund  against  which  such  order  or  demand 
is  drawn  to  pay  the  same  in  full.  When  any  such  order  or  demand  is 
l)resented  to  the  superintendent  of  schools  of  any  county,  or  city  and 
county,  for  approval  and  is  not  approved  for  want  of  funds  and  the 
amount  of  said  order  or  demand  does  not  exceed  the  income  and 
revenue  provided  for  the  year  in  which  the  indebtedness  was  incurred, 
for  which  said  order  or  demand  was  drawn,  such  superintendent  of 
schools  must  indorse  thereon  the  words  "Not  approved  for  want  of 
funds,"  with  the  date  of  presentation  and  shall,  in  attestation  thereof, 
affix  his  signature  thereto;  and  shall  number  such  indorsement  and  shall 
register  said  order  or  demand  in  the  fecords  of  his  oflice  and  shall  there- 
ujion  deliver  said  order  or  denianil  to  the  claimant,  or  his  onler.  From 
that  time,  such  order  or  demand  shall  bear  interest  at  the  rate  of  six 
per  cent  per  annum,  as  herein  provided.  When  the  superintendent  of 
schools  shall  ascertain  from  the  treasurer  that  there  are  sufficient  public 
school  moneys  in  the  treasury  of  the  county,  or  city  and  county,  which 
can  be  applied  to  the  payment  of  the  aforesaid  indorsed  orders  or  de- 
mands and  is  not  otherwise  ajipropriated,  he  shall  set  apart  the  same,  or 
so  much  thereof,  as  may  be  necessary  for  the  payment  of  such  indorsed 
orders  or  demands  and  accrued  interest:  and  he  shall,  in  addition,  forth 
with  give  notice,  in  a  newspaper  published  in  the  county  in  which  he 
shall  have  his  office,  and,  if  there  shall  not  be  any  newspaper  in  such 
county,  then  by  written  notice  posted  on  the  courthouse  door,  stating 
therein  that  he  is  ready  to  approve  said  order,  or  orders,  demand,  or  de- 
mands. Such  notice  shall  be  dated  the  day  of  its  publication  or  posting, 
and,  from  the  first  publication  or  posting  of  such  notice,  such  order  or 
orders,  demand  or  demands  shall  cease  to  bear  interest.     In  advertising 


401  POLITICAL   CODE.  §  1548 

any  order  or  orders,  demand  or  demands  under  the  provisions  of  this  sec- 
tion, such  superintendent  of  schools  shall  not  publish  the  order  or  orders, 
demand  or  demands  in  detail,  but  shall  give  notice  that  the  order  or 
orders,  or  demand  or  demands  of  any  particular  district,  specifying  the 
district  or  districts,  presented  for  approval  prior  to  the  date  of  said  no- 
tice, are  ready  to  be  approved  and  that  requisitions  upon  the  counts- 
auditor  will  be  drawn  thereon.  When  only  a  part  of  such  order  or  orders, 
demand  or  demands  are  ready  for  approval  and  can  be  paid,  such  super- 
intendent of  schools  must  designate  in  such  advertisement  the  order  or 
orders,  demand  or  demands  which  are  approvable  at  the  date  thereof, 
and  shall  repeat  such  notice  until  notice  is  given  of  the  payment  of  all 
such  order  or  orders,  demand  or  demands.  After  the  posting  or  publica- 
tion of  the  notice  herein  provided,  when  any  order  or  orders,  demand  or 
demands  drawn  against  any  school  fund,  indorsed  as  herein  provided, 
shall  be  again  presented  to  the  superintendent  of  sc-hools  of  any  county, 
or  city  and  county,  for  approval,  such  superintendent  of  schools  shall 
compute  the  interest  due  on  each  of  said  order  or  orders,  demand  or  de- 
mands, bearing  interest  under  the  provisions  of  this  section,  and  shall 
note  the  amount  of  interest  on  the  order  or  demand  and  shall  enter  in 
the  records  of  his  office,  the  amount  of  interest  distinct  from  the  prin- 
cipal; and  shall  thereupon  draw  his  requisition  upon  the  county  auditor 
for  the  amount  of  said  order  or  orders,  demand  or  demands  and  the 
interest  computed  thereon,  in  the  manner  provided  by  section  1543  of 
this  code  and  in  the  order  in  which  said  order  or  orders,  demand  or  de- 
mands were  registered  in  his  oflSce.  Said  interest  shall  be  paid  as  part 
of  said  order  or  demand  by  the  treasurer.  Should  the  holders  of  such 
indorsed  orders  or  demands  fail  to  present  the  same  for  payment  within 
sixty  (60)  days  from  the  date  of  the  notice  herein  provided  for,  the 
funds  set  aside  for  the  payment  of  the  same  must  be,  by  the  superin, 
tendent  of  schools  and  treasurer,  applied  to  the  payment  of  unpaid  orders 
or  demands,  next  in  order  of  indorsement  and,  if  no  other  indorsed  orders 
or  demands  shall  be  presented,  then  such  money  shall  be  applied  to  the 
payment  of  orders  or  demands  not  so  indorsed,  or  otherwise  disposed  of 
according  to  law.  The  superintendent  of  schools  shall  report  to  the 
county  treasurer  and  the  county  auditor,  not  later  than  the  second  Mon- 
day of  each  month,  the  amount  of  money  computed  as  interest  under  this 
section.  Such  report  shall  show  each  district,  for  which  interest  has 
been  computed  on  indorsed  and  approved  orders  or  demands  and  the 
amount  thereof  for  each  district.  The  superintendent  of  schools  shall 
immediately  report,  in  writing,  to  the  clerk  or  secretary  of  each  district 
for  which  interest  has  been  computed,  as  aforesaid,  the  amount  com- 
puted for  the  district,  of  which  he  is  clerk  or  secretary.  [New  section 
approved  May  1,  1911;  Stats.  1911,  p.  1360.] 

Binding  school  documents,  postage,  etc. 

§  1548.     He   may   draw  his   requisition   upon   the   county   auditor,  who 
shall  draw  his  warrant  on  the  unapportioned  county  school  fund,  in  his 
26 


§§  1550-1552  POLITICAL  CODE.  402 

own  favor,  for  the  binding  of  school  documents,  not  to  exceed  twenty 
dollars  a  year;  for  postage  and  expressage  for  his  oflace,  not  to  exceed 
two  dollars  for  each  district  of  his  county,  and  for  such  other  inci- 
dental expenses  as  may  be  authorized  by  law;  provided,  that  not  more 
than  one-half  of  such  allowance  shall  be  used  during  the  first  six  months 
of  any  school  year,  except  bj'  unanimous  consent  of  the  board  of  super- 
visors; and  provided,  further,  that  in  incorporated  cities,  and  cities  and 
counties,  each  three  hundred  pupils  enrolled  in  such  incorporated  cities, 
and  cities  and  counties,  as  shown  by  the  last  report  to  the  state  superin- 
tendent of  public  instruction,  shall  be  considered  equal  to  one  school  dis- 
trict.    [Amendment  approved  May  1,  1911;  Stats.  1911,  p.  1355.] 

Deputy  school  superintendent. 

§  1550.  Each  dejiuty  school  superintendent  of  any  city,  or  city  and 
county,  may  receive  such  comjieusation  as  the  board  of  education  thereof 
jirescribes,  payable  in  the  same  manner  and  out  of  the  same  fund  as 
the  superintendent  of  schools  thereof  is  paid;  provided,  that  the  com- 
pensation of  each  deputy  school  superintendent  of  any  city  and  county 
shall  be  not  less  than  the  minimum  received  by  any  high  school  prin- 
cipal in  said  city  and  county.  [Amendment  approved  May  1,  1911;  Stats. 
1911,  p.  1268.] 

County  superintendent's  annual  report. 

§  1551.  Every  school  superintendent  in  this  state  must,  on  or  before 
the  first  day  of  August  in  each  year,  report  to  the  superintendent  of  pub- 
lic instruction,  and  to  the  board  of  supervisors  of  his  county,  the  average 
daily  attendance  in  the  day  and  evening  elementary  schools  and  of  the 
day  and  evening  high  schools  as  appears  by  the  teachers'  reports  on  file 
in  his  office  for  the  school  year  immediately  preceding.  It  shall  be  the 
duty  of  every  county  superintendent  to  inquire  and  ascertain  whether 
the  boundaries  of  the  school  districts  in  his  county  are  definitely  and 
plainly  described  in  the  records  of  the  board  of  supervisors,  and  to  keep 
in  his  office  a  full  and  correct  transiript  of  such  boundaries.  In  case  the 
boundaries  of  districts  are  conflicting  or  incorrectly  described,  he  shall 
report  such  fact  to  the  board  of  supervisors,  and  the  board  of  supervisors 
shall  immediately  take  such  stejis  as  are  necessary  to  change,  harmonize 
and  clearly  define  them.  The  county  superintendent,  if  he  deem  it  neces- 
sary, may  order  the  description  of  the  district  boundaries  printed  in 
pamjihlet  form,  and  pay  for  the  same  out  of  the  unapportioned  county 
school  fund  of  the  countv.  [Amendment  approved  April  22,  1913;  Stats. 
191:^,  p.  56.] 

Traveling  expenses  of  county   superintendents  of  schools. 

§  1552.  Each  county  superintendent  shall  receive  his  actual  and  neces- 
sary traveling  expenses,  said  expenses  to  be  allowed  by  the  board  of 
supervisors,  and  to  be  paid  out  of  the  county  general  fund;  provided, 
that  this  amount  shall  not  exceed  ten  dollars  per  district  per  annum; 
provided,  further,  that  in  any  city  and  county  each  three  hundred  pupils 


403  POLITICAL  CODE.  §  1560 

enrolled  in  such  city  and  county,  as  shown  by  the  last  report  to  the 
superintendent  of  public  instruction,  shall  be  considered  equal  to  one 
school  district.      [Amendment  approved  May  1,  1911;  Stats.  1911,  p.  1356.] 

Teachers'  institutes.  Teachers  must  attend.  Joint  institutes.  Expense 
of  joint  institutes.  Institutes  in  19]  5.  Refusal  to  hold  institute. 
Alternative  plan  in  counties  having  more  than  twenty  districts. 
§  1560.  The  sui)erintendent  of  every  county  in  which  there  are  twenty 
or  more  school  districts,  and  of  every  city  and  county,  and  of  every  city 
school  district  governed  by  a  city  board  of  education  and  employing 
seventy  or  more  teachers,  must  hold  at  least  one  teachers'  institute  in 
each  year;  and  every  teacher  employed  in  the  schools  of  the  county,  city 
and  county,  or  city  school  district  holding  such  institute  must  attend  the 
same  and  participate  in  its  proceedings;  and  shall  be  paid  his  regular 
salary  for  the  time  covered  by  such  attendance;  provided,  that  the  super- 
intendents of  two  or  more  adjoining  counties,  or  city  and  county,  or  city 
school  districts  may  unite  for  the  purpose  of  holding  a  joint  institute  or 
convention  and  may  direct  the  teachers  of  their  respective  counties,  city 
and  coujty,  or  city  school  districts  to  attend  the  same  in  lieu  of  all  or 
of  a  designated  part  of  the  county,  city  and  county,  or  city  school  dis- 
trict institute,  under  the  same  conditions  and  compensations  as  are  herein 
provided  for  the  county,  city  and  county,  or  city  school  district  insti- 
tute; provided,  that  the  expense  of  such  joint  institute  shall  be  borne 
proportionately  by  the  counties,  city  and  county,  and  city  school  dis- 
tricts participating  therein,  and  shall  not  exceed  two  hundred  dollars 
($200)  for  each  county,  city  and  county,  or  city  school  district  partici- 
pating therein;  and  shall  be  paid  in  each  county  from  the  unapportioned 
county  school  fund,  in  each  city  and  county  from  the  city  and  county 
school  fund,  and  in  each  city  school  district  from  such  school  district's 
county  school  fund;  and  provided,  further,  that  during  the  year  1913 
the  superintendent  of  any  county,  or  city  and  county,  or  city  school 
district  may  convene  an  institute  with  the  educational  department  of  any 
international  exposition  held  within  the  state  of  California,  and  may  on 
an  affirmative  vote  of  two  thirds  of  all  teachers  engaged  in  teaching  in 
such  county  requesting  that  such  institute  be  called  in  connection  with 
said  international  exposition,  direct  the  teachers  of  his  county,  city  and 
county,  or  city  school  district,  to  attend  the  same  in  lieu  of  all  or  a 
designated  part  of  the  county,  or  city  and  county,  or  city  school  dis- 
trict institute  under  the  same  conditions  and  compensations  as  are  herein 
provided  for  the  county,  city  and  county,  or  city  school  district.  A 
county  superintendent  of  schools  who  shall  refuse  or  neglect  to  hold  an 
institute  for  any  one  year  as  directed  by  this  section  shall  forfeit  the 
last  month's  salary  of  the  year  in  which  he  fails  to  hold  said  institute, 
and  the  county  auditor  whose  duty  it  is  to  draw  the  warrant  in  favor  of 
such  superintendent  is  hereby  directed  to  withhold  said  salary  on  proof 
of  such  neglect;  provided,  that  in  lieu  of  the  institute  of  from  three  to 
five  consecutive  days,  as  provided  in  this  section  and  in  section  1562  of 


§§  15G2-1564  POLITICAL   CODE.  404 

the  Political  Code,  the  superintendent  of  any  county  in  which  there  are 
twenty  or  more  school  districts,  or  of  any  city  and  county,  or  of  any  city 
school  district  governed  by  a  city  board  of  education  and  employing 
seventy  or  more  teachers,  may  hold  during  the  school  year,  at  places  in 
the  county,  or  city  and  county,  or  city  school  district,  chosen  by  the 
superintendent  for  their  convenience  and  accessibility  to  teachers  and 
patrons  of  neighboring  schools,  three  or  more  series  of  local  day  or  even 
ing  institutes  which  shall  provide,  at  each  of  the  chosen  places,  not  less 
than  ten  hours  of  institute  work;  provided,  that  the  superintendent  may 
combine  the  annual  institute  plan  with  the  local  institute  plan,  by  hold- 
ing, during  one  or  more  days,  not  to  exceed  three,  an  annual  meeting  of 
all  the  teachers  in  the  county,  or  city  and  county,  or  city  school  dis- 
trict, and  also  holding  during  the  school  year  one  or  more  series  of  even- 
ing institutes  at  local  points  in  the  county,  or  city  and  county,  or  city 
school  district,  the  whole  to  provide  not  less  than  ten  hours  of  institute 
work;  provided,  that  in  cities  and  counties  one  or  more  local  day  or  even- 
ing institutes  of  not  loss  than  two  hours  each  may  be  held  on  not  less 
than  three  different  dates  (luring  the  vear.  [Amendment  approved  June 
13,  1913;  Stats.  1913,  p.  8r)6.] 

Also   amended   March   10,    1911    (Stats.   1911,   p.   336). 

Length  of  teachers'  institutes. 

§  1562.  Each  session  of  the  institute  must  continue  not  less  than 
three  nor  more  than  five  days,  except  where  the  sufierintendent  holds 
local  institutes,  as  provided  in  section  1560  of  the  Political  Code. 
[Amendment  approved  March  10,  1911;  Stats.  1911,  p.  337.] 

Account  of  expenses  incurred  holding  institutes.     Limit  of  expense. 

§  1564.  Tlio  county  suporiiitcn>leiit.  the  city  and  county  superintend- 
ent, and  the  city  superintendent  must  each  keep  an  accurate  account  of 
the  actual  expenses  incurred  by  them  in  holding  any  teachers'  institute 
whether  sciiarato  or  .ioint,  with  vouchers  for  the  same;  and  the  county 
superintendent  shall  draw  his  requisition  upon  the  county  auditor,  who 
shall  draw  his  warrant  on  the  unapportioned  county  school  fund  to  pay 
the  expense  of  the  county  institute;  and  the  city  and  county  superin- 
tenileut  shall  draw  his  requisition  upon  tlie  city  and  county  auditor,  who 
shall  draw  his  warrant  upon  the  city  and  county  school  fund  to  pay  the 
expense  of  the  city  and  county  institute;  and  the  city  superintendent 
shall  present  his  bill  for  the  expenses  incurred  by  him  in  holding  the  city 
district  institute  to  the  city  board  of  education,  who  shall  pay  the  same 
from  the  city  school  district's  countj-  fund  in  the  same  manner  as  other 
claims  against  the  city  school  district's  county  fund  are  paid;  provided, 
that  not  more  than  two  hundred  dollars  ($200)  shall  be  paid  by  each 
county,  city  and  county,  or  city  school  district  toward  the  expense  of  any 
joint  institute  or  convention;  and  provided,  further,  that  not  more  than 
three  hundred  dollars  ($300)  shall  be  paid  for  the  expenses  of  any  sep- 
arate institute  held  by  the  superintendent  of  any  county,  city  and  county, 
or  city  school  district  having  less   than  one   hundred  teachers   regularly 


405  POLITICAL   CODE.  §  1566 

employed  in  the  elementary  and  secondary  schools  of  such  county,  city 
and  county,  or  city  school  district;  and  provided,  further,  that  where 
the  number  of  teachers  regularly  employed  in  the  elementary  and  sec- 
ondary school  of  any  county,  city  and  county,  or  city  school  district 
exceeds  one  hundred  teachers  at  the  time  of  holding  any  separate  in- 
stitute, the  superintendent  may  expend  money  in  addition  to  the  three 
hundred  dollars  ($300)  hereinbefore  provided  at  the  rate  of  one  dollar 
($1)  per  teacher  for  each  teacher  in  excess  of  one  hundred  teachers 
reguhirly  employed  at  the  time  of  holding  such  separate  institute;  and 
provided,  further,  that  whenever  the  superintendent  of  any  county,  or 
city  and  county,  or  city  school  district,  elects  to  hold  local  institutes  or 
the  combination  of  annual  institute  with  local  institutes,  as  provided  in 
section  1560  of  the  Political  Code,  he  may  expend  money,  in  addition  to 
the  amount  hereinbefore  provided  for  the  expenses  of  any  separate  in- 
stitute in  his  county,  or  city  and  county,  or  city  school  district,  at  the 
rate  of  five  dollars  per  teacher  for  each  teacher  regularly  employed  at  the 
time  of  holding  the  first  series  of  local  institutes  in  any  school  year; 
provided,  however,  that  his  total  expenditures  for  local  institutes  shall 
not  at  any  time  in  the  school  year  exceed  fifty  dollars  multiplied  by  the 
number  of  local  institutes  held;  and  provided,  further,  that  whenever 
the  superintendent  holds  the  combination  of  annual  institute  with  local 
institutes,  each  day  of  the  annual  institute  shall  be  considered  for  pur- 
poses of  expenditure  the  same  as  one  series  of  local  institutes;  and  pro- 
vided, further,  that  all  the  expenses  of  local  institutes  and  of  combined 
annual  anl  local  institutes  shall  be  paid  in  the  same  manner  and  from 
the  same  funds  as  are  the  expenses  of  separate  and  of  joint  institutes. 
[Amendment  approved  June  13,  1913;  Stats.  1913,  p.  808.] 
Also   amended  March  10,   1911    (Stats.   1911,  p.  337). 

Annual  school  trustees'  meetings. 

§  1566.  The  superintendent  of  every  county  in  which  there  are  more 
than  twenty  school  districts,  may  hold  one  trustees'  meeting  each  year, 
and  it  shall  be  the  duty  of  one  school  trustee  of  each  school  district 
of  the  county  in  which  said  meeting  is  held  to  attend  the  same  and 
participate   in   its  proceedings. 

The  school  trustees  of  each  school  district  shall  select  the  trustee,  whose 
duty  it  shall  be  to  attend  such  meeting;  and  each  trustee  so  selected 
shall  be  allowed  his  actual  traveling  expenses  incurred  in  going  to  and 
returning  from  such  meetings,  such  expenses  to  be  verified  by  the  county 
superintendent  of  schools. 

In  any  county  in  which  there  are  less  than  twenty  school  districts, 
the  county  superintendent  may  in  his  discretion  hold  a  meeting  as  pro- 
vided in  the  preceding  section  when  directed  by  the  county  board  of 
education. 

Each  session  of  the  trustees'  meeting  shall  continue  one  day. 

The  county  superintendent  shall  draw  his  requisition  on  the  county 
auditor  who  shall  draw  his  warrant  on  the  unapportioned  county  school 
fund  to  pay  the  expenses  of  holding  the  trustees'  meetings. 


§§  1576, 1576a       political  code.  406 

The  superintendent  must  notify  each  trustee  of  the  county  at  least 
ten  days  prior  to  the  calling  of  such  trustees'  nneeting  of  the  time  and 
place  of  holding  such  meeting.  [New  section  approved  March  10,  1911; 
Stats.  1911,  p.  342.] 

Each  city  separate  school  district.  Annexation  of  territory.  Deemed 
part  of  city  for  election  purposes. 
§  1576.  Every  city  or  incorporated  town,  except  cities  and  towns  of 
the  sixth  class,  unless  subdivided  by  the  legislative  authority  thereof, 
shall  constitute  a  separate  school  district,  which  shall  be  governedi 
by  the  board  of  education  or  board  of  school  trustees  of  such  city 
or  incorporated  town;  provided,  that  whenever  a  city  or  town  shall 
be  incorporated,  except  a  city  or  town  of  the  sixth  class,  the  board 
of  supervisors  of  the  county  may  annex  thereto,  for  school  purposes 
only,  the  remainder,  or  any  part  of  the  remainder,  of  the  district 
or  districts  from  which  such  city  or  incorporated  town  was  organized, 
whenever  a  majority  of  the  heads  of  families  residing  therein,  shall 
petition  for  such  annexation;  and  provided,  further,  that  the  board  of 
supervisors  may  include  more  territory  than  the  remainder  of  the  district 
or  districts  from  which  the  city  or  incorporated  town  was  organized, 
whenever  a  petition  for  such  purpose  is  presented  to  them,  signed  by  a 
majority  of  the  heads  of  families  residing  in  such  additional  territory. 
When  said  remainder  or  part  thereof,  or  said  additional  outside  territory, 
has  been  annexed  to  said  city  or  incorporated  town,  it  shall  be  deemed  a 
part  of  said  city  or  incorporated  town  for  the  purpose  of  holding  the 
general  municipal  election,  and  shall  form  one  or  more  election  precincts, 
as  may  be  determined  by  the  legislative  authority  of  said  city  or  incor- 
porated town,  tlie  qualified  electors  of  which  shall  vote  only  for  the  board 
of  education,  or  the  board  of  school  trustees;  and  such  outside  territory 
shall  be  deemed  to  be  a  part  of  said  city  or  incorporated  town  for 
all  matters  connected  with  the  school  ilepartment  thereof,  for  the  annual 
levying  and  collecting  of  the  property  tax  for  the  school  fund  of  said 
city  or  incorporated  town;  and  for  all  purposes  specified  in  sections  1880 
to  1888  of  this  code,  inclusive;  provideii,  however,  that  the  last  assess- 
ment-roll made  by  the  county  assessor  shall  be  the  only  basis  of  taxation 
for  such  school  district  on  the  property  outside  the  corporate  limits  so 
annexed  for  school  purposes.  [Amendment  approved  June  6,  1913;  Stats. 
1913,  p.  401.] 

Also  amended  May  1.  1911    (Stats.   1911,  p.   1340). 

Citations.      Cal.   156/417,  418.  420;    157/615,  725,   727. 

Clerk  for  district  trustees.     Salary. 

§  1576a.  Ill  any  school  district  organized  under  the  preceding  section, 
and  wliich  is  also  a  high  school  district,  and  which  districts  are  goverued 
by  a  board  of  school  trustees,  and  which  districts  have  an  average  daily 
attendance  in  the  elementary  school  district  of  at  least  eight  huiidre<l 
as  shown  by  the  last  report  of  the  principal  of  schools  in  said  elemontary 
school  district  on  file  in  the  office  of  the  county  superintendent  of  schools, 


407  POLITICAL   CODE.  §  1577 

the  trustees  of  the  said  school  district  may  appoint  a  clerk,  who  shall 
not  be  one  of  their  own  number,  to  act  for  the  elementary  district  trus- 
tees and  the  high  school  district  trustees,  to  hold  office  at  the  pleasure 
of  the  board  of  trustees.  Said  board  may  fix  the  salary  of  the  clerk  at 
a  sum  not  exceeding  twenty-five  dollars  per  month  for  the  two  districts, 
which  sum  shall  be  paid  in  the  same  manner  and  from  the  same  funds 
as  other  incidental  expenses  of  the  districts  are  paid.  [Amendment  ap- 
proved  April  23,  1913;  Stats.  1913,  p.  73.] 

Formation  of  school  district. 

§  1577.  First — No  new  school  district  shall  be  formed  at  any  other 
time  than  between  the  first  day  of  October  and  the  tenth  day  of  Feb- 
ruary, nor  at  that  time  unless  the  parents  or  guardians  of  at  least  fifteen 
children  between  the  ages  of  five  and  seventeen  years  as  shown  by  the 
petition,  residents  of  such  proposed  new  district,  and  residing  at  a 
greater  distance  than  two  miles  by  a  traveled  road  from  the  public  school- 
house  in  the  district  in  which  such  parents  or  guardians  reside,  present  a 
petition  to  the  superintendent  of  schools,  setting  forth  the  boundaries  of 
the  new  district  asked  for;  provided,  that  the  provision  requiring  the 
petitioners  shall  reside  a  distance  of  more  than  two  miles  by  a  traveled 
road  from  said  public  schoolhouse  may  be  dispensed  with  when  the  peti- 
tion shall  be  signed  by  parents  or  guardians  of  fifty  or  more  children 
between  the  ages  of  five  and  seventeen  years,  residents  of  a  district  or 
districts  containing  more  than  two  hundred  children  in  average  daily 
attendance  in  the  elementary  schools  of  said  district  or  districts  as  shown 
by  the  report  of  teacher  or  principal  of  said  school  or  schools  on  file 
in  the  office  of  the  county  superintendent  of  schools  for  the  school  year 
immediately   preceding. 

Change  of  boundaries. 

Second — The  boundaries  of  a  school  district,  except  as  provided  in 
section  1551  of  the  Political  Code,  shall  be  changed  only  between  the 
first  day  of  October  and  the  tenth  day  of  February  in  any  year,  and 
then  only  when  at  least  ten  heads  of  families  residing  in  the  districts 
affected  by  the  proposed  change  of  boundaries  shall  present  to  the 
superintendent  of  schools  a  petition  setting  forth  the  changes  of  bound- 
aries desired,  and  the  reasons  for  the  same;  provided,  that  two  or  more 
elementary  school  districts  lying  contiguous  may  at  any  time  be  united 
to  constitute  but  one  district,  whenever  a  petition  signed  by  a  majority 
of  the  heads  of  families  residing  in  each  of  said  districts  shall  be  pre- 
sented to  the  superintendent  of  schools.  Said  petition  shall  be  acted 
upon  in  the  same  manner  as  is  done  in  case  of  the  formation  of  new 
school   districts. 

Formation  of  joint  districts. 

•  Third — .Joint  districts  (that  is,  districts  lying  partly  in  one  county 
and  partly  in  another)  may  be  formed  at  any  time  between  the  first  day 
of  October  and  the  tenth  day  of  February  in  any  year,  whenever  a  peti- 


§  1583  POLITIC.VL   CODE.  408 

tion  signed  by  the  parents  or  guardians  of  at  least  fifteen  children  be- 
tween the  ages  of  five  and  seventeen  years  as  shown  by  the  petition 
residents  of  such  proposed  joint  district  and  residing  at  a  greater  dis- 
tance than  two  miles  by  a  traveled  road  from  any  public  schoolhouse, 
shall  be  presented  to  the  superintendent  of  schools  of  each  county  affected 
by  the  proposed  formation  of  the  .ioint  district;  and  provided,  further, 
that  the  provision  requiring  that  the  petitioners  shall  reside  a  distance 
of  more  than  two  miles  by  a  traveled  road  from  a  public  schoolhouse  may 
be  dispensed  with  when  the  petition  shall  be  signed  by  the  parents  or 
guardians  of  fifty  or  more  cliildren  between  the  ages  of  five  and  seven- 
teen years  as  shown  by  the  petition,  residents  of  school  district  or  dis- 
tricts containing  an  average  daily  attendance  of  two  hundred  or  more 
in  the  elementary  schools  of  said  district  or  districts  as  shown  by  the 
reports  on  file  in  the  office  of  the  superintendent  of  schools  for  the 
school  year  immediately  preceding.  All  the  provisions  relative  to  the 
formation  of  joint  districts  shall  be  b}'  concurrent  action  of  the  superin- 
tendent and  the  board  of  supervisors  of  each  county  affected;  still  further 
provided,  that  by  concurrent  action  of  the  boards  of  supervisors  and  the 
county  school  superintendents,  contiguous  school  districts  or  parts  of 
such  school  districts  lying  in  different  counties  may,  on  proper  petitions 
as  above  required,  be  united  to  form  a  joint  school  district,  and  the  school 
property  within  the  territory  thus  united  shall  become  the  property  of 
the   newly   formed   joint  school  district. 

Children  of  new  districts. 

Fourtii — The  children  residing  in  any  newly  formed  district,  in  any 
district  whose  boundaries  have  been  changed,  or  in  any  joint  district, 
shall  be  permitted  to  attend  the  school  in  the  district  or  districts  from 
which  the  newly  formed  district  was  constituted  until  the  first  day  of 
July  next  succeeding  the  formation  or  change. 

Transfer  of  funds. 

Fifth — Whenever  a  district  shall  be  united  with  a  municipality  or 
with  another  district,  all  funds  belonging  to  said  district  shall  be  trans- 
ferred, by  requisition  of  the  superintendent  of  the  county  upon  the  county 
auditor,  to  the  municipality  or  district  with  which  said  district  is  united- 
[Amendment  approved  April  23,   191.S;   Stats.   1913,  p.  71.] 

Apportionment  of  school  funds  to  joint  districts. 

§  1583.  Whenever  a  district  lies  partly  in  one  county  and  partU*  in 
another,  the  county  superintendent  must  apportion  to  such  district  such 
proportion  of  the  school  money  to  which  such  district  is  entitled,  as  the 
number  of  school  children  in  average  daily  attendance  residing  in  that 
portion  of  the  district  situated  in  his  county  bears  to  the  total  number  of 
children  in  average  daily  attendance  in  the  entire  district.  The  teacher 
or  teachers  in  such  joint  school  districts  shall  make  a  separate  report  of 
the  attendance  from  the  different  counties  and  shall  combine  these  re- 
ports on  a  principal's  report  blank  and  send  copies  of  all  such  reports  to 


409  POLITICAL    CODE.  §  1584 

each  county  superintenrlent  of  schools  in  whose  county  parts  of  the  dis- 
trict are  located.  The  text-books  to  be  used,  and  the  rules  governing  the 
school  in  such  district,  shall  be  tliose  adopted  by  the  board  of  education 
of  the  county  in  which  the  sehoolhouse  in  said  joint  district  is  located. 
The  trustees  of  joint  districts  shall  make  to  the  superintendents  of  each 
county  in  which  the  district  is  located,  the  reports  which  other  trustees 
are  required  to  make.  The  teacher  in  such  joint  district  shall  hold 
a  certificate  in  the  county  in  which  the  sehoolhouse  is  located.  [Amend- 
ment approved  April  22,  1913;  Stats.  1913,  p.  54.] 

Government  of  school  districts  partly  within  city.     Ballot.     Electors. 

§  1584.  A  school  district,  a  portion  of  which  is  embraced  within  the 
limits  of  an  incorporated  city  or  town  governed  by  a  charter  proposed 
and  adopted  as  provided  by  section  8  of  arti.le  11  of  the  constitution  of 
the  state  of  California,  may  be  subject  to,  controlled  and  governed  by  the 
provisions  of  such  charter  relating  to  and  providing  for  the  management 
of  public  schools  in  the  manner  provided  in  this  section.  The  board  of 
trustees  of  such  school  district  may  provide  for  the  holding  of  an  election 
at  the  time,  and  in  the  form  and  manner  for  holding  elections  for  school 
trustees,  at  which  election  shall  be  submitted  the  question  of  the  district 
being  governed  by  the  jirovisions  of  the  charter  of  such  city  or  town. 
The  ballots  used  at  such  election  shall  contain  the  words  "Shall  the 
(name  of  district)   be  governed  b}'  the  charter  of  the  city   (or  town)    of 

"   and   the  words   "Yes"   and   "No"   so   placed   that   the   voters   may 

clearly  indicate  their  choice  in  this  connection.  The  board  having  charge 
of  such  election  shall  count  the  ballots  cast  on  such  proposition  and  make 
return  thereof  to  the  board  of  trustees  of  such  school  district.  If  it  shall 
appear  from  such  returns  that  a  majority  of  the  votes  cast  on  such  prop- 
osition were  in  favor  thereof,  then  said  board  of  trustees  shall  certify 
said  result  to  the  board  of  education  provided  for  in  the  charter  of  such 
city  or  town,  and  from  and  after  the  date  of  such  certificate  said  school 
district  shall  be  governed  by  the  provisions  of  such  charter  relating  to 
the  establishment,  management  and  control  of  the  public  schools;  pro- 
vided, however,  that  in  any  case  where  any  such  school  district  or  portion 
of  school  district,  is  embraced  within  the  corporate  limits  of  a  city  or 
town  having  such  charter  as  is  herein  referred  to,  and  the  electors  of 
such  school  district  have  participated  in  and  voted  at  any  school  election 
held  subsequent  to  the  adoption  of  and  under  the  provisions  of  such 
charter,  then  the  electors  of  such  school  district  shall  be  deemed  to  have 
submitted  to  be  governed  in  all  matters  relating  to  the  management  of 
public  schools  within  such  school  district  or  high  school  district  as  fully 
and  to  all  intents  and  purposes  as  though  the  electors  of  such  school  dis- 
trict or  high  school  district  had  by  their  votes  elected  to  be  governed 
by  the  provisions  of  such  chaJ'ter.  All  qualified  electors  residing  in  such 
school  district,  whether  residing  within  or  without  the  boundaries  of  such 
incorporated  city  or  town,  shall  be  entitled  to  vote  for  members  of  the 
board  of  education  at  anv  election  held  for  that  purpose.  [Amendment 
approved  April  15,  1913;  Stats.  1913,  p.  28.] 


§§  1593-1599  POLITICAL   CODE.  410 

Election  for  school  trustees. 

§  1593.  First — An  election  for  school  trustees  must  be  held  in  each 
school  district  on  the  first  Friday  of  April  of  each  year  at  the  district 
sehoolhouse,  if  there  is  one,  and  if  there  is  none,  at  the  place  to  be  desig- 
nated by  the  board  of  trustees. 

Number. 

Second — The  number  of  school  trustees  for  any  school  district,  except 
where  city  boards  are  otherwise  authorized  by  law,  shall  be  three.  Xo 
person  shall  be  deemed  ineligible  to  the  oflBce  of  trustee  on  account  of  sex. 

New  districts. 

Third — In  new  school  districts  the  school  trustees  shall  be  elected  on 
the  first  Friday  of  April  subsequent  to  the  formation  of  the  district,  to 
hold  office  for  one,  two  and  three  years,  respectively,  from  the  first 
day  of  May  next  succeeding  their  election. 

Vacancy. 

Fourth — When  a  vacancy  occurs  from  any  of  the  causes  specified  in 
section  996  of  this  code,  the  county  superintendent  of  schools  shall  ap- 
point a  suitable  person  to  fill  such  vacancy  until  the  first  day  of  May 
next  succeeding  the  appointment,  and  a  trustee  shall  be  elected  at  the 
next  April  election,  to  hold  office  for  the  remainder  of  the  term. 

Annual  election. 

Fifth — E.xcept  as  provided  in  subdivisions  two  and  three  of  this  sec- 
tion, one  trustee  shall  be  electeil  annually,  to  hold  office  for  three  years 
from  tlie  first  day  of  May  next  succeeding  his  election,  or  until  his  suc- 
cessor shall  be  elected,  or  appointed,  and  qualified,  [.\mcudmcnt  ap- 
proved April  22,  1913;  Stats.  1913,  p.  55.] 

Opening  and  closing  of  polls  in  school  elections. 

§  1597.  In  districts  in  which  the  average  daily  attendance  as  shown 
by  the  teachers'  register  exceeds  four  hundred,  the  polls  must  be  open  at 
8  o'clock  A.  M.,  and  kept  open  until  6  o'clock  P.  M.  In  other  districts 
the  polls  must  not  be  opened  before  9  o'clock  A.  M.,  nor  kept  open  less 
than  four  hours;  provided,  however,  in  all  elections  held  for  the  purpose 
of  authorizing  the  incurring  of  any  bonded  indebtedness  the  polls  must 
be  opened  at  8  o'clock  A.  M..  and  kept  open  until  6  o'clock  P.  M. 
[Amendment  approved  June  1,  1913;  Stats.  1913,  p.  362.] 

Voting  for  school  trustees. 

§  1599.  The  voting  must  be  by  ballot  (without  reference  to  the  gen- 
eral election  law  in  regard  to  nominations,  form  of  ballot,  or  manner 
of  voting),  which  shall  be  handed  by  the  elector  voting  to  the  inspector 
who  shall  then,  in  his  presence,  deposit  the  same  in  the  ballot-box,  and 
the  judijcs  shall  enter  the  elector's  name  on  the  poll  list;  provided,  that 
no  electioneering  shall  be  carried  on  within  one  hundred  feet  of  the  polls; 
and  provided,  further,  that  the  board  of  school  trustees  may  arrange  for 


411  POLITICAL   CODE.  §§  1613-1617. 

secret  ballot  by  providing  booths  or  private  rooms  in  which  the  voter 
must  prepare  his  ballot.  [Amendment  approved  June  13,  1913;  Stats. 
1913,  p.  810.] 

Term  of  school  trustees. 

§  1613.  The  term  of  office  of  school  trustees  is  three  years  from  the 
first  day  of  May  next  succeeding  their  election.  [Amendment  approved 
April  10,  1911;  Stats.  1911,  p.  852.] 

§  1616. 

Citations.     Cal.   161/212.     App.   12/298. 

Powers  and  duties  of  school  trustees. 

§  1617.  The  powers  and  duties  of  trustees  of  common  school  districts, 
and  of  boards  of  education  in  city  school  districts  are  as  follows: 

Rules. 

First — To  prescribe  and  enforce  rules,  not  inconsistent  witb  law  or 
those  prescribed  by  the  state  board  of  education,  for  their  own  govern- 
ment and  government  of  schools,  and  to  transact  their  business  at  regular 
or  special  meetings,  called  for  such  purpose,  notice  of  which  shall  be 
given  each  member. 

Control  school  property. 

Second — To  manage  and  control  the  school  property  within  their  dis- 
tricts, and  pay  all  moneys  collected  by  them,  from  any  source  whatever, 
for  school  purposes  and  all  moneys  apportioned  to  them  from  taxes  levied 
and  collected  under  the  authority  of  city  councils  for  school  purposes,  into 
the  county  treasury,  to  be  placed  to  the  credit  of  the  proper  fund  of  their 
districts. 

Purchase  furniture,  etc. 

Third — To  purchase  school  furniture,  including  organs  and  pianos,  and 
apparatus,  and  such  other  things  as  may  be  necessary  for  the  use  of 
schools;  provided,  that  except  in  city  school  districts  governed  by  boards 
of  education,  they  purchase  such  books  and  apparatus  only  as  have  been 
adopted  by  the   county  board   of   education. 

Rent,  etc.,  school  property. 

Fourth — To  rent,  furnish,  repair  and  insure  the  school  property  of  their 
respective  districts,  such  insurance  to  be  written  in  any  solvent  insurance 
company  doing  business  in  this  state  or  in  any  mutual  insurance  company 
organized  under  the  laws  of  this  state.  To  grant  the  use  of  school  build- 
ings or  grounds  for  public,  literary,  scientific  recreational  or  educational 
meetings,  or  for  the  discussion  of  matters  of  general  or  public  interest, 
upon  such  terms  and  conditions  as  said  trustees  or  boards  of  education 
may  deem  proper;  provided,  however,  that  said  use  shall  not  be  incon- 
sistent with  the  use  of  said  buildings  or  grounds  for  school  purposes  nor 
interfere  with  the  regular  conduct  of  school  work;  and  provided,  further. 


§  1617  POLITICAL    CODE.  412 

that  no  privilege  of  using  said  buildings  or  grounds  shall  he  granted  for 
a  period  exceeding  one  year,  such  privilege  being  renewable  and  revocable 
in  the  discretion  of  said  trustees  or  boards  of  education. 

Building  schoolhouses. 

Fifth — When  directed  by  a  vote  of  their  districts  to  build  schoolhouses 
or  to  purchase  or  sell  school  lots. 

Making  conveyances. 

Sixth — To  make,  in  the  name  of  the  district,  convejances  on  all  prop- 
erty belonging  to  the  district,  and  sold  by  them. 

Employ  principals. 

Seventh — (a)  To  employ  a  principal  for  each  school  under  their  con- 
trol, and  in  schools  employing  eight  teachers  or  more,  they  may  employ 
a  supervising!  principal  for  one  or  more  schools  under  their  control,  and 
in  each  city  scliool  district  governed  bj-  a  city  board  of  education  to  em- 
ploy a  city  superintendent  of  schools  and  when  necessary  deputy  or  assist- 
ant city  superintendent  of  schools,  and  to  fix  and  order  paid  the  com- 
pensation of  the  same  unless  the  same  be  otherwise  prescribed  by  law; 
provided,  that  any  supervising  principal,  city  superintendent,  or  deputy, 
or  assistant  city  superintendent,  who  shall  be  employed  after  the  passage 
of  this  act,  may  be  employed  for  four  years. 

Employ  teachers. 

(b)  To  employ  the  teachers,  and  immediately  notify  the  county  super- 
intendent of  schools,  in  writing,  of  such  employment,  naming  the  grade 
of  certificate  held  by  the  teacher  employed;  also  to  employ  janitors  and 
other  employees  of  the  school;  to  fix  and  order  paid  their  compensation, 
unless  the  same  be  otherwise  prescribed  by  law;  provided,  that  no  board 
shall  enter  into  any  contract  with  such  emi)loyees  to  extend  beyond  the 
close  of  the  next  ensuing  school  year;  except  that  teachers  may  be  elected 
on  or  after  June  first  for  the  next  ensuing  school  year,  and  each  teacher 
so  elected  shall  be  deemed  re-elected  from  year  to  year  thereafter  unless 
the  governing  body  of  the  school  district  sluiU  on  or  before  the  tenth  day 
of  June  give  notice  in  writing  to  such  teacher  that  his  services  will  not 
be  required  for  the  ensuing  school  year.  Such  notice  shall  be  deemed 
sufficient  and  complete  when  delivered  in  person  to  the  teacher  by  the 
clerk  or  secretary  of  the  governing  body  of  the  school  district,  or  de- 
posited in  the  United  States  mail  with  postage  prepaid  addressed  to  such 
teacher  at  his  last  known  place  of  address;  and  provided,  further,  that 
any  teacher  who  shall  fail  to  signify  his  acceptance  within  twenty  days 
after  such  election  shall  be  deemed  to  have  declined  the  same;  and  pro- 
vided further,  that  any  board  of  trustees  or  city  board  of  education  may 
pay  the  teachers  employed  by  them  by  the  calendar  month  in  twelve  pay- 
ments instead  of  by  the  school  month,  beginning  such  payments  on  the 
first  Monday  of  the  calendar  month  following  the  opening  of  the  schools 
for  the  current  school  year,  and  continuing  such  payments  from  month 


413  POLITICAL   CODE.  §  1617 

to  month  on  the  first  Monday  of  each  calendar  month  until  the  teachers 
have  been  paid  the  full  amount  due  to  them. 

Suspend  pupils. 

Eighth — To  suspend  or  expel  pupils  for  misconduct,  when  other  means 
of  correction  have  failed  to  bring  proper  conduct. 

Exclude  children  under  six  years.     Beginners. 

Ninth — To  exclude  from  the  schools  children  under  six  years  of  age, 
except  as  hereinafter  provided;  provided,  that  where  the  kindergarten  is 
a  part  of  the  day  elementary  schools,  children  may  be  admitted  to  the 
kindergarten  classes  at  four  and  one-half  years  of  age;  and  provided, 
further,  that  where  any  district  has  established  a  school  for  the  instruc- 
tion of  the  deaf,  such  children  may  be  admitted  to  the  deaf  school  at 
three  years  of  age.  In  the  enforcement  of  the  provisions  of  this  section 
children  shall  be  admitted  to  the  beginning  classes  of  any  school  during 
the  first  month  of  the  school  year,  or  when  the  school  year  is  divided 
into  school  terms,  during  the  first  month  of  each  term,  and  children  who 
will  be  six  years  of  age  before  the  end  of  the  six  months  of  the  school 
year,  or  before  the  end  of  the  third  month  of  the  school  term,  shall  be 
admitted  at  the  beginning  of  the  school  year,  or  the  school  term,  and 
children  who  will  not  be  six  years  of  age  by  the  end  of  the  period  speci- 
fied, shall  not  be  admitted  until  the  beginning  of  another  school  year  or 
school  term.  Beginners  shall  in  like  manner  be  admitted  to  the  begin- 
ning classes  of  the  kindergarten  during  the  first  month  of  the  school 
year,  or  of  the  school  term,  if  the  school  year  be  divided  into  terms,  if 
such  children  will  be  four  and  one-half  years  of  age  before  the  end  of 
the  sixth  month  of  the  school  year  and  before  the  end  of  the  third  month 
of  the  school  term,  and  children  who  will  not  be  four  and  one  half  years 
of  age  within  the  period  specified  shall  not  be  admitted  to  the  kinder- 
garten classes  until  the  beginning  of  another  school  year  or  term. 

Enforcing  course  of  study. 

Tenth — To  enforce  in  schools  the  course  of  study  and  the  use  of  text- 
books prescribed  and  adopted  by  the  proper  authority. 

District  librarians. 

Eleventh — To  appoint  and,  in  their  discretion,  pay  district  librarians 
and  enforce  the  rules  prescribed  for  the  government  of  district  libraries. 

Sectarian  publications. 

Twelfth- — To  exclude  from  school  and  school  libraries  all  books,  pub- 
lications, or  papers  of  a  sectarian,  partisan  or  denominational  character. 

Register  of  children. 

Thirteenth — To  keep  a  register,  open  to  the  inspection  of  the  public, 
of  all  children  applying  for  admission  and  entitled  to  be  admitted  into 
the  public  schools,  and  to  notify  the  parents  or  guardians  of  such  chil- 
dren when  vacancies  occur,  and  receive  such  children  into  the  schools 
in  the  order  in  which  they  are  registered. 


§  1617  POLITICAL   CODE.  414 

Children  from  other  districts. 

Fourteenth — To  permit  children  from  other  districts  to  attend  the 
schools  of  their  district  only  upon  the  consent  of  the  trustees  of  the 
district  in  which  such  children  reside;  provided,  that  should  the  trustees 
of  the  district  in  which  children  whose  parents  or  guardians  desire  thera 
to  attend  in  other  districts  reside,  refuse  to  grant  their  consent,  the 
parents  or  guardians  of  such  children  may  appeal  to  the  county  superin- 
tendent and  his  decision  shall  be  final. 

Annual  report. 

Fifteenth — To  make  an  annual  report,  on  or  before  the  first  day  of 
July,  to  the  superintendent  of  schools  in  the  manner  and  form  and  on 
the  blanks  prescribed  by  the  superintendent  of  public   instruction. 

Report  text-books  used. 

Sixteenth — To  make  a  report,  whenever  required,  directly  to  the 
superintendent  of  public  instruction,  of  the  text-books  used  in  their 
schools. 

Visit  schools. 

Seventeenth — To  visit  every  school  in  their  district  at  least  once  in 
each  term,  and  examine  carefully  into  its  management,  conditions  and 
wants.  This  clause  to  apply  to  each  ancl  every  member  of  the  board  of 
trustees. 

Change  of  location  of  schools.     Instructions. 

F^'iglitecnth — Boards  of  trustees  mny,  and  upon  a  petition  signed  by  a 
majority  of  the  heads  of  families  resident  in  the  district,  must  call 
meetings  of  the  qualified  electors  of  the  district  for  determining  or 
changing  the  location  of  the  schoolhouse,  or  for  consultation  in  regard 
to  an}'  litigation  in  which  the  district  may  be  engaged,  or  be  likely  to 
become  engaged,  or  in  regard  to  any  affairs  of  the  district.  Such  meet- 
ings shall  be  called  by  posting  three  notices  in  public  places,  one  of 
which  shall  be  in  a  conspicuous  place  on  the  schoolhouse,  for  not  less 
than  ten  days  jirovious  to  the  time  for  which  the  meeting  shall  be  called, 
which  notices  shall  sj^ccify  the  purposes  for  which  said  meetings  shall  be 
called;  and  no  other  business  shall  be  transacted  at  such  meetings.  Dis 
trict  meetings  shall  be  organized  by  choosing  a  chairman  from  the  elec- 
tors present,  and  the  district  clerk  shall  be  clerk  of  the  meeting,  and 
shall  enter  the  minutes  thereof  on  the  records  of  the  district.  A  meet- 
ing so  called   shall   be  competent  to   instruct   the  board  of  trustees. 

1.  In  regard  to  the  location  or  change  of  location  of  the  schoolhouse, 
or  the  use  of  the  same  for  other  than  school  purposes;  provided,  that 
iu  no  case  shall  the  schoolhouse  be  used  for  purposes  which  necessitate 
the  removal  of  any  school  desks  or  other  school  furniture. 

2.  In  regard  to  the  sale  and  purchase  of  school  sites. 

3.  In  regard  to  prosecuting,  settling  or  compromising  any  litigation 
in  which  the  district  may  be  engaged,  or  be  likely  to  become  engaged, 


415  POLITICAL    CODE.  §  1617 

and  may  vote  money,  not  exceeding  one  hundred  dollars  in  any  one  year, 
for  any  of  these  purposes  in  addition  to  any  amount  which  may  be  raised 
by  the  sale  of  district  school  property,  and  the  insurance  of  property 
destroyed  by  fire;  provided,  that  the  proceeds  of  the  insurance  of  the 
library  and  apparatus  shall  be  paid  into  the  library  fund.  All  funds 
raised  by  the  sale  of  school  property  may  be  disposed  of  by  direction 
of  a  district  meeting.  District  meetings  may  be  adjourned  from  time 
to  time,  as  found  necessary,  and  all  votes  instructing  the  board  of  trus- 
tees shall  be  taken  by  ballot,  or  by  ayes  and  noes  vote,  as  the  meeting 
may  determine.  The  board  of  trustees  shall,  in  all  cases,  be  bound  by 
the  instructions  of  the  district  meeting  in  regard  to  the  subjects  men- 
tioned in  this  section;  provided,  that  the  vote  in  favor  of  changing  the 
location  of  the  schoolhouse  be  two-thirds  of  all  the  electors  voting  at 
said  meeting  upon  the  proposition  to  change  the  location. 

Prosecute  claims. 

Nineteenth — Without  the  vote  of  the  district  to  prosecute  or  com- 
promise any  litigation,  claims,  demands  and  causes  of  action  arising  from 
the  destruction,  partial  or  total,  of  any  school  building  in  the  course  of 
construction  during  the  month  of  April,  A.  D.,  1906,  in  which  the  district 
is  or  shall  hereafter  be  engaged,  and  devote  money  for  any  of  these 
purposes. 

Let  contracts  to  lowest  bidder. 

Twentieth — To  let  all  contracts  involving  an  expenditure  of  more 
than  two  hundred  dollars  for  work  to  be  done  or  for  material  or  sup- 
plies to  be  furnished,  except  musical  instruments,  to  the  lowest  respon- 
sible bidder  who  will  give  such  security  as  the  board  may  require  or  else 
to  reject  all  bids;  providing,  that  continuing  contracts  for  materials  and 
supplies  may  be  made  with  an  accepted  bidder  for  a  period  of  one  3'ear; 
and  provided,  further,  that  the  board  may  repair  old  buildings  by  day's 
labor.  For  the  purpose  of  securing  bids  the  board  must  publish  a  notice 
calling  for  bids,  stating  the  work  to  be  done  or  materials  or  supplies  to 
be  furnished,  and  the  time  when  and  the  place  where  bids  will  be  opened, 
at  least  once  a  week  for  two  weeks  in  some  daily  or  weekly  newspaper 
published  in  the  county,  or  if  there  is  no  such  paper,  then  in  some  news- 
paper circulated  in  such  county. 

Health  of  pupils. 

Twenty-first — To  give  diligent  care  to  the  health  and  physical  develop- 
ment of  pupils,  and  where  sufficient  funds  are  provided  by  district  taxa- 
tion, to  employ  properly  certificated  persons  for  such  work. 

Transportation  of  pupils. 

Twenty-second — To  provide  for  the  transportation  of  pupils  wherever 
in  their  judgment  such  transportation  of  pupils  is  advisable;  provided, 
that  such  transportation  of  pupils  shall  not  cost  the  district  more  than 
fifteen  cents  per  pupil  transported  per  day.  [Amendment  approved  June 
16,  1913;  Stats.  1913,  p.  1136.] 


§  1617c  POLITICAL  CODE.  416 

Also  amended  May  1,  1911    (Stats.  1911,  p.  1362). 

Citations.      Cal.   156/418;    163/354.      App.    12/298;    18/224;     (subd.    4)     12/ 
298;    (subd.   7)    12/552;    (subd.   20)    12/298. 

Boards  of  education  authorized  to  establish  kindergartens — Estimate  of 
money  needed.  Tax  levy.  Kindergarten  fund.  May  be  discon- 
tinued. 
§  1617c.  The  board  of  education  of  every  city,  city  and  county,  or 
the  board  of  school  trustees  of  every  school  district  in  this  state,  shall, 
upon  petition  of  the  parents  or  guardians  of  twenty-five  or  more  chil- 
dren between  the  ages  of  four  and  one-half  and  six  years,  residing  within 
a  mile  of  any  elementary  school  buiMing  situate  in  such  city,  city  and 
county  or  school  district,  establish  and  maintain  a  kindergarten,  or 
kindergartens;  provided,  that  such  kindergarten,  or  kimlergartens.  shall 
be  established  only  between  the  first  day  of  June  and  the  first  day  of 
August  in  any  year.  The  board  of  education  of  every  city,  city  and 
county,  or  board  of  school  trustees  of  every  school  district,  in  which  a 
kindergarten  is  established  under  the  provisions  of  this  act,  shall,  at 
least  fifteen  days  before  the  month  in  which  the  board  of  supervisors 
is  required  by  law  to  lew  the  taxes  requireil  for  county  purposes,  submit 
to  the  county  superintendent  of  schools,  an  estimate  of  the  amount  of 
money  which  will  be  required  for  the  maintenance  of  any  kindergarten, 
or  kindergartens,  in  their  several  school  districts  for  the  ensuing  school 
year.  The  county  snperintenilent  of  schools  shnll  thereupon  examine  said 
estimates  and  submit  copies  of  the  same,  with  his  approval  or  disapproval 
indorsed  thereon,  to  the  board  of  supervisors  and  to  the  coiinty  auditor 
at  the  time  he  submits  to  them  his  estimate  for  the  county  school  tax 
for  the  ensuing  year.  If  the  county  superintendent  of  schools  approve 
such  estimate,  the  board  of  supervisors  shall,  at  the  time  and  in  the 
manner  of  levying  other  taxes,  levy  and  cause  to  be  collected  in  the 
several  school  districts  for  which  estimates  have  been  submitted  and 
approved    as   herein   provided,   the    amount    so    estimated    and   approved. 

The   fund   so   levied   shall  be   known   as   the   kindergarten   fund   of  

school  district  (as  the  case  may  be),  and  shall  be  available  for  the  main- 
tenance of  the  kindergarten,  or  kindergartens,  established  under  the  pro- 
visions of  this  section,  and  the  moneys  drawn  from  such  fund  shall  be 
paid  out  in  the  same  manner  as  money  from  the  state  and  county 
school  funds  for  the  maintenance  of  the  elementary  schools  are  drawn 
and  paid  out.  If  the  average  daily  attendance  in  any  kindergarten  in 
any  city,  city  and  county,  or  school  district,  shall  be  ten  or  less  for  the 
school  year,  the  governing  body  for  such  city,  city  and  county,  or  school 
district,  shall,  at  the  close  of  such  school  year  discontinue  such  kinder- 
garten. In  case  a  kindergarten  shall  be  discontinued,  as  provided  by 
this  section,  the  property  and  funds  of  such  kindergarten  shall  imme- 
diately revert  to  the  elementary  schools  of  the  city,  city  and  county,  or 
school  district,  in  which  said  kindergarten  has  been  located.  [New  sec- 
tion approved  June  13,  1913;  Stats.  1913,  p.  804.] 


417  POLITICAL  CODE.  §§  1622-1649 

Expenditure  of  school  funds. 

§  1622.  Boards  ol'  scliool  trustees  and  city  boards  of  education  may 
use  fifty  per  cent  of  the  county  school  money  for  any  of  the  purposes 
authorized  by  this  chapter;  but  all  the  state  school  money  and  not  less 
than  fifty  per  cent  of  the  county  school  money  shall  be  applied  ex- 
clusively to  the  payment  of  teachers'  salaries  of  the  elementary  schools; 
provided,  that  any  city  superintendent  of  public  schools  or  supervising 
principal  of  public  schools  who  holds  a  teacher's  certificate  in  force  for 
the  full  time  for  which  the  requisition  is  drawn  may  be  paid  out  of  the 
same  money  or  fund  used  for  the  payment  of  the  salaries  of  teachers 
of  the  elementary  schools.  [Amendment  approved  April  26,  1913;  Stats. 
1913,  p.  95.] 

Liability  of  board  for  dereliction  as  to  school  directors. 
§  1624.     [Repealed  April  22,  1913;  Stats.  1913,  p.  56.] 

Duty  of  censua  marshal. 

§  1634.      [Repealed  March  31,  1911;  Stats.  1911,  p.  529.] 

Where  district  in  two  counties. 

§  1635.     [Repealed  March  31,  1911;   Stats.   1911,  p.  529.] 

What  report  must  show. 

§  1636.     [Repealed  March  31,  1911;   Stats.  1911,  p.  529.] 

Children  absent  at  schools,  orphans,  etc.,  to  be  listed. 
§  1637.     [Repealed  March  31,  1911;  Stats.  1911,  p.  529.] 

Children  or  nonresidents,  when  not  to  be  included. 

§  1638.      [Repealed  March  31,   1911;   Stats.   1911,  p.  529.] 

Compensation  of  marshal. 

§  1639.      [Repealed  March   31,  1911;   Stats.  1911,  p.  529.] 

Failure  to  report,  a  misdemeanor. 

§  1640.      [Repealed  March  31,  1911;  Stats.  1911,  p.  529.] 

Defining  school  census  children. 

§  1641.     [Repealed  March  31,  1911;  Stats.  1911,  p.  529.] 

Clerk  of  school  district, 

§  1649.  Boards  of  school  trustees  must  meet  annually  on  the  first 
Saturday  in  May  and  elect  one  of  their  members  clerk  of  the  district. 
If  a  clerk  is  not  so  elected  on  this  date,  the  superintendent  of  schools 
of  the  county  shall  appoint  one  of  the  members  of  the  board  of  school 
trustees  district  clerk.  If  a  vacancy  should  occur  in  the  position  of 
district  clerk,  the  superintendent  of  schools  shall  appoint  one  of  the 
members  of  the  board  of  school  trustees  to  the  position.  [Amendment 
approved  April  23,  1913;  Stats.  1913,  p.  70.] 
27 


§§  1663-1665  POLITICAL  code.  418 

Classification  of  public  schools.  Teachers  to  have  certificates  of  proper 
grade. 
§  1663.  1.  The  public  scbools  of  California,  other  than  those  sup- 
ported exclusively  by  the  state,  shall  be  classed  as  day  and  evening 
elementary,  and  day  and  evening  secondary  schools.  The  day  and  even- 
ing elementary  schools  of  California  shall  be  designated  as  primary  and 
grammar  schools.  The  day  and  evening  <-econdary  schools  of  California 
shall  be  designated  as  high  schools  and  technical  schools,  and  either  class 
may  include  a  portion  of  the  other  class.  No  teacher  shall  be  em- 
ployed to  teach  in  any  way,  in  any  school,  if  the  ccrtifii^ate  held  by  the 
teacher  is  of  a  grade  below  that  of  the  school  or  class  to  be  taught; 
provided,  that  the  holders  of  existing  primary  certificates  or  of  the 
same  when  hereafter  renewed  or  made  permanent  shall  be  eligible  to 
teach  in  any  of  the  grades  of  a  day  or  evening  elementary  school  below 
the  sixth  year  and  not  including  the  kindergarten  grades;  and  in  any 
day  or  evening  elementary  school  of  the  county,  or  city  and  county, 
which  the  county  or  city  and  county  superintendent  shall  designate  as 
a  primary  day  or  evening  elementary  school;  and  provided,  further, 
that  the  holder  of  any  valid  special  certificate  for  kindergarten  work, 
or  of  any  kindergarten  primary  certificate,  who  has  had  at  least  one 
year  of  training  in  a  state  normal  school  of  California  or  other  normal 
school  accredited  by  the  state  board  of  education,  or  one  year's  teach- 
ing in  an  elementary  school,  shall  be  entitled  to  teach  in  the  first  grade 
of  the  elementary  schools. 

Course  of  study  annually  prescribed. 

2.  The  county,  or  city  and  county  board  of  education  must,  except  in 
incorporated  cities  having  boards  of  education,  on  or  before  the  first 
day  of  July  of  each  .year,  prescribe  the  course  of  stuily  in  and  for  each 
grade  of  the  day  and  evening  elementary  schools  for  the  ensuing  school 
year. 

Diplomas  on  graduation. 

3.  Except  in  city  school  districts  having  boards  of  education,  the 
county  or  city  and  county  board  of  education  shall  provide  for  the  con 
ferring  of  diplouias  of  graduation  by  examination  or  otherwise  upon 
those  pupils  who  have  satisfactorily  completed  the  course  of  study  pro- 
vided for  the  day  or  evening  elementary  schools  of  the  county  or  city 
and  county. 

Amendment  of  course  of  study. 

4.  Wlienever  necessary  county  or  city  and  county  boards  of  educa- 
tion may  amend  and  change,  subject  to  section  1665  of  this  code,  the 
course  of  study  prescribed  by  them  for  the  day  and  evening  elementary 
schools.     [Amendment   approved  .Tune   13,   1913;   Stats.   1913,  p.   768.] 

Citations.      Cal.    (subd.  2)    163/3o0. 

§   1665. 

Citations.      Cal.   163/353. 


419  POLITICAL  coDa  §§  1665a-1674 

Establishment  of  cosmopolitan  schools. 

§  1665a.  The  board  of  education  in  every  city  of  the  first  and  first 
and  one-half  classes  shall  establish  and  maintain  in  each  of  said  cities  of 
the  first  and  first  and  one-half  classes  at  least  one  public  school  in  which 
shall  be  taught  the  French,  Spanish,  Italian  and  German  languages  or 
any  of  them  in  connection  with  the  studies  in  the  English  language  pre- 
scribed to  be  taught  by  section  1665  of  the  Political  Code  of  the  state 
of  California.  Such  schools  shall  be  designated  as  cosmopolitan  schools, 
and  shall  be  subject  to  such  rules  and  regulations  as  may  be  prescribed 
by  said  boards  of  education  of  said  cities  of  the  first  and  first  and  one- 
half  classes  wherein  said  school  or  schools  shall  be  established  and  main- 
tained; provided,  that  the  schools  provided  for  in  section  1665a  may  be 
established  by  the  board  of  education  of  any  city  or  city  and  county 
when  by  such  board  it  may  be  deemed  necessary  or  advisable. 

§  2.  All  acts  and  parts  of  acts  so  far  as  they  are  in  conflict  with 
the  provisio-ns  of  this  act,  are  hereby  repealed.  [Amendment  approved 
June  13,  1913;   Stats.   1913,  p.  799.] 

Also  amended  March  22,   19H    (Stats.   1911,  p.  430). 

§  1666. 

Citations.      Cal.   163/353. 

H  .  §  1670. 

W  Citations.  Cal.  157/616;  (subd.  4)  164/405;  (subd.  20)  164/400,  401,  402; 

(subd.  21)  157/616;  (subd.  25)  164/404.  App.  12/173;  (subd.  4)  11/213; 

13/173. 

§  1671. 

Citations.   Cal.  164/400;  (subd.  4)  164/401;  (subd.  9)  164/403;  (subd.  11) 
164/405.  App.  (subd. 11)  11/212. 


^ 


§  1673. 

Citations.      Cal.   163/351. 

Union  school  districts. 

§  1674.  Union  school  districts  may  be  formed,  and  union  schools 
maintained  therein,  as  in  this  section  provided. 

Formation  of  union  school  districts.     Ballots. 

First — When  a  majority  of  the  heads  of  families  who  reside  in  two 
or  more  contiguous  school  districts  and  who  have  children  attending 
school  as  shown  by  the  teachers'  registers  in  the  school  of  the  said  dis- 
tricts in  the  same  county,  shall  unite  in  a  petition  to  the  county  super- 
intendent of  schools  for  the  formation  of  a  union  school  district,  to 
comprise  the  districts  so  petitioning,  he  shall,  within  twenty  days  after 
receiving  said  petition,  call  an  election  for  the  determination  of  the 
question,  and  shall  appoint  three  qualified  electors  in  each  of  the  dis- 
tricts petitioning,  to  conduct  the  election  therein.     Said  election  shall  be 


§  1674  POLITICAL   CODE.  420 

held  separately  and  simultaneouslv  at  the  public  schoolhouse  in  each  of 
the  districts  petitioning,  and  shall  be  called  by  posting  notices  thereof 
in  three  of  the  most  public  places  in  each  district,  one  of  which  places 
shall  be  the  public  schoolhouse  in  each  district  at  least  ten  days  before 
said  election.  Said  election  shall  be  conducted  by  the  officers  appointed 
for  that  purpose,  in  the  manner  provided  by  law  for  conducting  school 
elections.  The  ballots  at  such  election,  in  each  district,  shall  contain 
the  words,  "For  the  union  school  district,"  and  the  voters  shall  write  or 
print  after  said  words  on  his  ballot  the  word  "Yes"  or  the  word  "Xo." 
It  shall  be  the  duty  of  said  election  officers  in  each  district  to  canvass 
the  vote  at  said  election,  and  report  the  result  to  the  county  superin- 
tendent of  schools  within  five  days  subsequent  to  the  holding  of  said 
election. 

Majority  in  favor.     Location.     Failure  to  agree.     Ballot. 

Second — If  a  majority  of  the  votes  cast  at  such  election,  in  each  and 
every  of  such  districts,  shall  be  in  favor  of  such  union  school  district, 
the  county  superintendent  shall  (except  in  the  case  of  the  formation 
of  a  union  district  consisting  of  but  two  districts,  and  as  hereinafter 
provided  for  in  subdivision  fourth  of  this  section),  within  fifteen  days 
after  receiving  the  returns  of  the  election  held  therein,  direct  the  board 
of  trustees  in  each  of  said  districts  to  call  a  meeting  of  the  qualified 
electors  of  their  respective  districts,  in  the  manner  provided  in  section 
1617  of  this  code  for  calling  district  meetings.  At  said  meeting  the 
qualified  electors  shall  in  each  district  select  one  representative,  whose 
powers  and  duties  shall  be  as  hereinafter  specified.  The  representatives 
so  chosen  shall  name  the  union  school  district,  and  shall  have  power  to 
make  temporary  arrangements  for  the  location  of  one  or  more  union 
schools  therein,  and,  if  satisfactory  apartments  or  buildings  in  a  suit- 
able location  are  offered  or  can  be  procured,  for  a  consideration  or  at  a 
rental  which  would  make  it  advisable  to  accept  the  same,  they  shall, 
have  the  power  to  secure  an  option  of  a  lease  on  such  apartment  or 
building  for  a  period  not  to  exceed  three  years  from  the  first  day  of 
July  next  ensuing.  Within  forty  days  after  their  selection  they  shall 
notify  the  count}-  superintendent  of  schools  that  they  desire  to  meet 
to  locate  one  or  more  union  schools  in  and  for  such  union  district. 
Thereafter  the  representatives  so  chosen  shall  meet  in  conjunction  with 
the  county  superintendent  of  schools  at  a  time  and  place  to  be  named 
by  the  superintendent,  for  the  purpose  of  determining  the  location  of 
such  union  school  or  schools.  At  such  meeting  the  superintendent  shall 
be  the  chairman  and  shall  be  entitled  to  rote  and  participate  in  all  its 
proceedings.  Should  said  representatives  fail  to  unanimously  agree 
upon  a  location  for  such  school  or  schools,  they  shall  propose  in  writing 
to  the  county  superintendent,  then  present,  or.  if  he  is  not  present,  they 
shall  transmit  to  his  oflice,  within  ten  days,  the  names  of  the  locations 
which  they,  or  any  of  them,  favor.  Within  tweilty  davs  after  receiving 
such  notice,  the  superintendent  shall  call  an  election  as  provided  in  sub- 
division one  hereof,  to  determine  the  location  of  the  union  school  or  schools. 


421  POLITICAL    CODE.  §  1674 

At  such  election  only  such  sites  as  have  been  named  by  the  representa- 
tives and  certified  to  the  county  superintendent  shall  be  voted  upon. 
Any  form  of  ballot  by  which  the  voter  signifies  his  choice  of  location 
or  locations  shall  be  allowed.  The  result  of  said  election  shall  be  deter- 
mined and  certified  to  the  county  superintendent,  as  provided  in  said 
subdivision  one.  The  location  or  locations  which  receive  the  largest 
number  of  votes  shall  be  chosen  as  the  location  or  locations  of  the 
school  or  schools. 

Joint  union  school  district.     Ballot. 

Third — A  union  school  district  formed  of  school  districts  not  all  in 
the  same  county,  is  designated  a  joint  union  school  district. 

(1)  When  a  majority  of  the  heads  of  families  residing  in  two  or  more 
contiguous  school  districts  not  all  in  the  same  county  arid  who  have 
children  attending  the  schools  in  the  districts  petitioning  as  shown  by 
the  teachers'  registers  shall  unite  in  a  petition  to  the  county  superin- 
tendents of  their  respective  counties  for  the  formation  of  a  joint  union 
school  district,  to  comprise  the  districts  so  petitioning,  it  shall  be  the 
duty  of  each  of  said  superintendents,  within  twenty  days  after  receiv- 
ing said  petition,  to  call  an  election  in  the  district  or  districts  in  his 
county  petitioning,  for  the  purpose  of  determining  the  question,  and 
appoint  three  qualified  electors  in  each  of  such  petitioning  districts,  to 
conduct  the  election  therein.  Said  election  shall  be  called  and  con- 
ducted in  all  respects  as  specified  in  subdivision  1  of  this  section,  except 
that  the  form  of  ballot  shall  be:  "For  the  joint  union  school  district," 
and  the  result  thereof  shall  be  reported  by  the  election  officers  in  each 
district  to  the  superintendent  of  the  county  in  which  such  district  is 
situated,  within  five  days  subsequent  to  the  holding  of  said  election. 

Majority  in  favor.     Location. 

(2)  If  a  majority  of  the  votes  cast  at  such  election,  in  each  and  every 
of  such  districts,  shall  be  in  favor  of  such  joint  union  school  district, 
the  county  superintendent  in  each  county  shall  (except  in  the  case  of 
the  formation  of  a  joint  union  district  consisting  of  but  two  districts, 
and  as  hereinafter  provided  for  in  subdivision  4  of  this  section),  within 
fifteen  days  after  receiving  the  returns  of  the  election,  direct  the  board 
of  trustees  in  the  district,  or  districts,  in  his  county,  to  call  a  meeting 
of  the  qualified  electors,  as  provided  in  subdivision  two  of  this  section. 
At  said  meeting  the  qualified  electors,  in  each  district,  shall  select  a 
representative,  as  provided  in  said  subdivision.  The  representatives  so 
chosen  shall  meet  at  a  time  and  place  to  be  agreed  upon  among  them- 
selves, and  name  the  joint  union  school  district.  The  location  of  the 
joint  union  school,  or  schools,  shall  be  determined  by  the  joint  action  of 
the  representatives  chosen  and  the  county  superintendents  of  the  coun- 
ties, in  manner  and  form  as  provided  for  the  location  of  a  union  school, 
or  schools. 


§  1674  POLITICAL   CODE.  422 

Time  of  taking  effect.     Sale  of  property. 

Fourth — Proceedings  for  the  formation  of,  or  for  admission  to,  a  union 
or  joint  union  school  district  may  be  begun  at  any  time,  but  the  schools 
in  the  district  uniting  to  form,  or  that  are  admitted  to,  a  union  or 
joint  union  school  district,  shall  remain  under  the  control  of  their  re- 
spective boards  of  trustees  until  the  first  day  of  July  next  succeeding 
the  formation  of  the  union  or  joint  union  district  and  the  location  of 
the  union  or  joint  union  school,  or  schools,  or  of  admission  to  a  union 
or  joint  union  district,  on  which  first  day  of  July  the  districts  uniting  to 
form  the  union  or  joint  union  school  district,  or  the  district  admitted  to 
such  union,  shall  cease  to  exist,  except  for  purposes  specified  in  this  sec- 
tion, and  the  terms  of  office  of  the  school  trustees  in  said  districts  shall 
expire,  and  the  district  property  of  each  district  so  uniting  or  admitted 
shall  vest  in  such  union  or  joint  union  district  and  pass  to  the  control 
of  the  board  of  trustees  of  such  district,  to  be  held  and  disposed  of  by 
them,  as  provided  in  section  1617  of  this  code;  provided,  that  in  union 
or  joint  union  school  districts  formed  by  the  union  of  but  two  school 
districts,  no  selection  of  representatives,  as  provided  for  in  subdivision 
two  of  this  section,  is  necessary,  and  the  board  of  trustees  for  the  originals 
school  districts  shall  act  as  the  representatives,  and  shall  constitute  the 
board  of  trustees  for  the  new  union  or  joint  union  school  district,  and 
each  of  such  trustees  sliall  continue  in  office  for  the  term  for  which  he 
was  elected,  except  as  hereinafter  provided;  and  provided,  further,  that 
the  proceeds  of  any  sale  by  the  board  of  trustees  of  the  union  or  joint 
union  school  district,  of  school  property  that  originally  belonged  to  any 
of  the  original  districts  must  first  be  applied  to  the  discharge  of  any 
bonded  indebtedness  of  such  original  district. 

Trustees. 

Fifth — In  the  formation  of  union  or  joint  union  school  districts,  the 
representatives  selected  according  to  the  provisions  of  subdivision  two 
of  this  section  shall  act  as  a  board  of  trustees  for  such  union  or  joint 
union  district,  until  the  election  or  appointment  and  qualification  of 
the    regular    board    of   trustees,    as    hereinafter   provided. 

Composition  of  board.     Classification  of  districts.     Tenn  of  trustees. 

Sixth — lu  union  or  joint  union  school  districts,  formed  by  the  union 
of  more  than  two  school  districts,  the  board  of  trustees  shall  be  com- 
posed of  one  member  elected  from  each  district  composing  the  union 
or  joint  union  district,  at  the  time  and  in  the  manner  provided  for 
the  election  of  school  trustees,  except  as  otherwise  provided  in  this 
section.  The  county  school  superintendent  (or  superintendents  'by 
concurrent  action  in  joint  union  school  districts)  shall,  in  union  or 
joint  union  school  districts  composed  of  three  or  more  school  districts, 
divide  the  districts  composing  the  union  or  joint  union  school  districts 
in  three  classes,  as  nearly  equal  in  number  of  school  districts  as  pos- 
sible, to  be  designated  by  him  (or  theui)  as  class  A,  H,  and  ('.  re- 
spectively.    At  the  first   annual   school   election   following  the   organiza- 


423  POLITICAL    CODE.  §  1674 

tion  of  the  union  or  joint  union  school  district  and  the  location  of 
the  school  or  schools,  the  districts  in  class  A,  as  so  divided  and  desig- 
nated, shall  each  elect  a  school  trustee  for  one  year;  the  districts  in 
class  B  shall  each  elect  a  school  trustee  for  two  j-ears;  the  districts  in 
class  C  shall  each  elect  a  school  trustee  for  three  j'cars;  and  all  the 
trustees  so  elected  shall  constitute  the  board  of  trustees  of  the  union 
or  joint  union  school  district.  At  each  annual  election  thereafter,  as 
terms  of  office  expire,  the  school  trustees  shall  be  elected  for  three 
years,  and,  in  case  of  expiration  of  term  of  appointment,  for  the  unex- 
pired term.  Vacancies  in  the  board  of  school  trustees  shall  be  filled  by 
appointment  by  the  county  superintendent  of  schools  (in  case  of  joint 
union  school  districts  by  appointment  by  the  county  superintendent  of 
the  county  in  which  the  vacancy  occurs),  the  appointee  or  appointees 
to  hold  until  the  first  day  of  May  next  succeeding  the  appointment. 

Board  when  two  districts  unite. 

Seventh — In  union  or  joint  union  school  districts  formed  by  the  union 
of  but  two  school  districts,  the  board  of  trustees  of  the  union  or  joint 
union  district  shall  consist  of  the  two  boards  of  trustees  of  the  district 
so  uniting,  and  each  trustee  shall  continue  to  hold  office  for  the  term 
for  which  he  was  elected;  provided,  that  should  one  or  more  additional 
districts  at  any  time  be  admitted  to  such  union  or  joint  union  district, 
the  board  of  trustees  shall  then  consist  of  one  trustee  from  each  of  the 
original  districts,  as  provided  in  subdivision  six  of  this  section,  and  the 
terms  of  the  trustees  in  the  two  original  districts  and  of  the  trustees 
in  the  district  or  districts  admitted  shall  expire  on  the  first  day  of 
May   next   ensuing   after   the   admission    of   the   third   district. 

Building. 

Eighth — After  the  location  of  the  union  or  joint  union  school,  or 
schools,  has  been  determined,  as  provided  in  subdivision  two  of  this  sec- 
tion, the  representatives,  acting  as  a  board  of  trustees,  or  their  suc- 
cessors, may  erect  or  lease  a  suitable  building,  as  they  may  deem  most 
advisable.  A  lease  shall  not  be  made  for  a  longer  period  than  three 
years.  A  building  may  be  erected  under  the  provisions  of  sections 
ls30  to  1839,  inclusive,  of  this  code,  relating  to  a  district  tax,  or  sec- 
tions 18SQ  to  1889,  inclusive,  of  this  code,  relating  to  the  issuance  of 
bonds.  In  all  cases  the  plans  must  be  approved  by  the  county  super- 
intendent of  schools  of  the  county  in  which  the  schoolhouse  is  to  be 
located. 

Change  of  location.  ' 

Ninth — No  change  of  location  of  any  union  or  joint  union  school, 
when  once  established,  shall  be  made,  except  upon  a  petition  to  the 
county  superintendent  of  schools  (or  superintendents,  in  case  of  a 
joint  union  district),  signed  by  two-thirds  of  the  heads  of  families  who 
reside  in  the  school  district  and  who  have  children  attending  the  school 
as  is  shown  by  the   teacher's  register   in   the   school,   and  then   only   in 


§  1674  POLITICAL   CODE.  424 

accordance  with  all  the  provisions  of  the  original  location  of  the  school, 
as   contained   in   subdivision:,    nxj  anu  luicc  ui  n-is  acti^ii. 

Powers  of  boards. 

Tenth — The  powers  and  duties  of  boards  of  trustees  in  union  or  joint 
union  school  districts  shall  be  such  as  are  now,  or  may  hereafter  be 
assigned  by  law  to  boards  of  school  trustees,  except  as  otherwise  pro- 
vided  in  this  section. 

Meetings. 

Eleventh — Boards  of  trustees  of  union  or  joint  union  school  dis- 
tricts shall  hold  regular  meetings  at  the  school  building,  at  such  time 
as  may  be  provided  in  the  rules  and  regulations  adopted  by  them  for 
their  own  government.  Such  meetings  shall  not  be  held  less  frequently 
than  quarterly.  Special  meetings  may  be  held  at  the  call  of  the  presi- 
dent of  the  board.  Upon  the  request,  in  writing,  signed  by  a  majority 
of  any  board,  the  president  of  said  board  shall  call  a  meeting  thereof, 
pursuant  to  such  request.  Of  all  special  meeetings  of  any  board  the 
members  thereof  shall  have  at  least  two  days'  notice,  issued  and  served 
by  the  clerk  thereof.  At  special  meetings  no  business  shall  be  trans- 
acted other  than  as  specified  in  the  call  therefor;  provided,  that  in  union 
and  joint  union  districts  formed  by  the  union  of  more  than  three  school 
districts  the  board  may  appoint  an  executive  committee,  consisting  of 
the  president  and  the  clerk  and  one  other  member  of  the  board,  to 
attend  to  the  routine  business  of  the  board,  their  action  to  be  rcporfed 
to  the  board   for  ratification   at  its  first   meeting  ensuing. 

Course   of  study. 

Twelfth — The  course  of  study  shall  be  that  prescribed  by  the  proper 
authority,  and  shall  embrace  a  perio'J  of  not  less  than  eight  years, 
except  as  may  be  hereafter  provided  by  law;  and  the  text-books  used 
shall  be  those  adopted  by  the  proper  authorities.  In  joint  union  dis- 
tricts the  provision   of  section   1583  of  this  code  shall  apply. 

Transportation  of  pupils. 

Thirteenth — The  board  of  trustees  of  a  union  or  joint  union  school 
district  may  contract,  in  such  manner  as  they  may  deem  best,  for  the 
transportation,  to  and  from  school,  of  such  pupils  as  may  seem  to  such 
board  to  be  in  need  of  such  transportation,  and  shall  pay  for  such 
transportation,  in  the  usual  manner,  out  of  any  funds  available  for  the 
purpose;  provided,  that  all  such  contracts  for  transjiortation  shall  be 
first  approved  by  the  county  superintendent  (or  superintendents)  of 
schools  of  the  county   (or  counties)    in  which  such  district  is  situated. 

Supervising  principal. 

Fonrteeutli — Whenever  in  their  judgment  it  may  be  deemed  advisable, 
the  board  of  trustees  for  any  union  or  joint  union  school  district  may 
unite  with  the  trustees  of  any  other  school  district,  single,  union  or 
joint,   in   the   employment   of   a   supervising   principal,   who  shall  devote 


425  POLITICAL    CODE.  §  1674 

such  time  to  the  supervision  of  instruction  in  the  several  school  dis- 
tricts and  shall  receive  such  compensation  from  each  board  of  trustees 
as   may   be   agreed   upon   by   them. 

Transfer  of  funds. 

Fifteenth — (1)  On  the  first  day  of  July  next  ensuing  after  the  for- 
mation of  a  union  or  joint  union  school  district,  or  the  admission 
thereto  of  a  school  district,  the  county  superintendent  of  schools  (or 
superintendents  in  joint  union  school  districts)  shall  transfer,  by  requi- 
sition upon  the  county  auditor,  all  funds  remaining  to  the  credit  of 
the  different  districts  uniting  to  form  the  union  or  joint  union  district 
(or  to  the  credit  of  the  district  admitted  thereto)  to  the  credit  of 
such  union  or  joint  union  district. 

Separate  existence. 

(2)  For  the  purposes  of  teachers'  reports  and  for  the  estimating  of 
the  number  of  teachers  and  the  amount  of  money  to  which  each  dis- 
trict is  entitled,  the  several  districts  uniting  to  form  the  union  school 
district  shall   continue  their  separate   existence. 

Enrollment  separate. 

The  teacher  or  teachers  shall  keep  the  enrollment  and  attendance  of 
each  district  separate  from  that  of  the  other  districts  composing  the 
union.  At  the  close  of  the  term  or  j-ear,  a  report  shall  be  made  of 
the  attendance  of  each  district  composing  the  union  separately.  These 
separate  reports  shall  be  combined  into  a  principal's  report.  In  case 
of  a  joint  union  school  district,  the  teacher  or  teachers  shall  send  a 
copy  of  each  report  to  the  county  superintendent  in  whose  county  parts 
of  the  district  lie;  and  provided,  further,  that  no  moneys  shall  be 
apportioned  directly  to  any  of  such  several  districts,  while  forming  a 
part  of  an  organized  union  or  joint  union  school  district,  but  there 
shall  be  apportioned  to  such  union  or  joint  union  district  the  aggregate 
of  moneys  that  would  be  apportioned  to  the  several  school  districts  com- 
posing it,  if  such  several  districts  were  not  united. 

Admission  of  new  districts. 

Sixteenth — (1)  Any  school  district  may  be  admitted  to  a  union  or 
joint  union  school  district  by  action  of  the  board  of  supervisors  of  the 
county  in  which  such  school  district  is  located,  upo'U  such  terms  as  may 
be  agreed  upon  between  the  board  of  trustees  of  the  school  district 
seeking  admission  and  the  board  of  trustees  of  the  union  or  joint 
union  school  district,  whenever  a  majority  of  the  heads  of  families 
who  reside  in  the  district  and  who  have  children  enrolled  in  the  schoo'l 
as  is  shown  by  the  teacher's  report  on  file  in  the  office  of  the  superin- 
tendent of  schools  for  the  year  or  term  immediately  preceding  shall 
present  to  said  board  of  supervisors  a  petition  for  such  annexation, 
accompanied  by  a  petition  for  such  annexation  signed  by  a  majority 
of  the  members   composing  the  board   of  trustees   of  the  union  or  joint 


§  1674  POLITICAL   CODE.  426 

union  district  to  which  admission  is  desired.  The  county  superintend- 
ent of  schools  shall  then  classify  the  newly  admitted  district,  in  class 
A,  B,  or  C,  as  provided  in  subdivision  six  of  this  section,  for  the  elec- 
tion of  a  trustee  thereby.  If  such  petitioning  school  district  and  such 
union  or  joint  union  school  district  be  not  wholly  situated  in  the  same 
county,  then  said  petitions  shall  be  presented  in  duplicate  to  the  board 
of  supervisors  of  each  and  every  county  in  which  any  part  of  either 
of  such  districts  is  situated,  and  such  annexation  shall  be  made  only  by 
the  concurrent  action  of  all  of  such  board  of  supervisors;  and  in  that 
case  the  classifieation  of  the  annexed  district,  for  election  of  a  trustee, 
shall  be  made  by  concurrent  action  of  the  county  superintendents  of 
each   and   all   such   counties. 

Admission  of  part  of  district. 

(2)  A  portion  of  a  school  district  may  be  admitted  to  an  adjacent 
union  or  joint  union  school  district  by  action  of  the  board  of  supervisors 
of  the  county  in  which  such  school  district  is  situated,  whenever  a 
majority   of  the   heads   of   families   who  reside   in   the   district   and   who 

Jiave  children  attending  the  school  as  shown  by  the  teacher's  register, 
shall  present  to  said  board  of  supervisors  a  petition  for  such  annexa- 
tion, accompanied  by  a  petition  for  such  annexation  signed  b}-  a  ma- 
jority of  the  members  composing  the  board  of  trustees  of  the  union 
or  joint  union  district  to  which  admission  is  desired.  The  board  of 
supervisors  shall  attach  such  annexed  portion  of  a  school  district  to  a 
contiguous  original  school  district  forming  part  of  the  union  or  joint 
union  district,  for  voting  and  other  purposes,  and  such  annexed  por- 
tion sliall  thereafter  be  a  part  of  the  original  district  to  which  it  is 
so  attHclied,  and  cannot  subsequently  withdraw  from  tlie  union  or 
joint  union  district,  except  as  the  district  to  which  it  is  so  attached 
withdraws.  Such  annexed  portion  shall  have  no  rej)resentation  on  the 
board  of  trustees  of  the  union  or  joint  union  school  district,  except 
as  a  part  of  the  district  to  which  it  is  attached.  If  such  portion  of 
a  school  district  and  such  union  or  joint  union  school  district  be  not 
wholly  situate  in  the  same  county,  then  said  petition  shall  be  pre 
sented  in  duplicate  to  the  board  of  supervisors  of  each  and  every  county 
in  which  any  part  of  either  of  such  districts  is  situated,  and  such 
annexation,  and  such  attachment  of  annexed  portion  to  one  of  the 
original  districts,  shall  be  made  only  by  the  concurrent  action  of  all 
such    boards    of   supervisors. 

Withdrawal  of  district. 

(3)  Any  school  district  contained  in  a  union  or  joint  union  school 
district  may,  in  like  manner,  withdraw  from  such  union  or  joint  union 
district  by  action  of  the  board  (or  boards)  of  supervisors  of  the  county 
(or  counties)  in  which  the  union  or  joint  union  district  is  located,  upon 
such  terms  as  may  bo  agreed  upon  between  the  trustee  of  the  school 
district  socking  to  withdraw  and  a  majority  of  the  other  members  of 
the  board   of  trustees  of  the   union   or  joint   union   district,  whenever  a 


427  POLITICAL  CODE.  §  1674 

majority  of  the  heads  of  families  residing  in  the  union  or  joint  union 
district,  including  two-thirds  of  the  heads  of  families  who  reside  in  the 
district  wishing  to  withdraw  and  who  have  children  attending  the 
school  as  shown  by  the  teacher's  register,  shall  present  to  such  board 
or  boards  of  supervisors  a  petition  of  such  withdrawal,  accompanied 
by  a  written  consent  to  such  withdrawal  signed  by  a  majority  of  the 
members  composing  the  board  of  trustees  of  such  union  or  joint  union 
district. 

Dissolution  of  district.  Election.  Ballot.  Majority  against.  Order  of 
dissolution.  Property  sold.  Separate  districts  in  existence. 
Seventeenth — Any  union  or  joint  union  school  district,  formed  under 
the  provisions  of  this  section,  and  which  shall  have  been  in  existence 
three  years  or  more,  may  be  dissolved  in  the  following  manner:  A 
petition  signed  by  two-thirds  of  the  heads  of  families  who  reside  in 
the  district  and  who  have  children  who  attend  the  school  as  shown  by 
the  teacher's  register  or  as  may  be  shown  by  a  census  of  the  district 
ordered  by  the  board  of  school  trustees,  shall  be  presented  to  the  county 
superintendent  of  schools  of  the  county  in  which  such  district  is  situ- 
ated, setting  forth  briefly  the  reasons  for  dissolution  and  praying  that 
the  question  may  be  submitted  to  the  voters  in  such  district.  Upon 
receiving  such  petition  the  superintendent  shall,  within  twenty  days, 
call  an  election  in  the  district,  submitting  to  the  voters  therein  the 
question  of  dissolution  of  such  district.  If  such  petitioning  district  be 
not  wholly  situated  within  the  same  county,  said  petition  shall  be  pre- 
sented in  duplicate  to  the  superintendent  of  each  county  having  terri- 
tory within  such  district,  and  each  superintendent  so  petitioned  shall, 
within  twenty  days  after  receiving  such  petition,  call  an  election  in  the 
territory  situate  within  his  county  and  forming  part  of  such  district, 
and  appoint  three  electors  resident  within  such  territory  to  conduct  such 
election  therein.  Notice  of  such  election,  which  must  be  held  through- 
out the  district  on  the  same  day  and  during  the  same  hours,  shall  be 
given  by  posting  written  or  printed  notice  thereof  in  at  least  three 
of  the  most  public  places  in  such  district  for  at  least  twelve  days  next 
before  the  day  set  for  such  election;  and  if  such  district  be  not  wholly 
situated  in  the  same  county,  said  notice  shall  be  posted  for  said  time  in 
three  of  the  most  public  places  in  the  portion  of  the  district  in  each 
county.  Said  election  shall  be  conducted  in  the  manner  provided  by 
law  for  conducting  school  elections.  The  ballots  shall  have  printed 
on  them  the  words  "For  dissolution,"  and  the  voters  shall  write  or 
print  thereafter  the  word  "Yes"  or  the  word  "Xo."  The  election  offi- 
cers shall  report  the  result  of  such  election  within  five  days  thereafter 
to  the  county  superintendent  of  schools  of  the  county  of  which  they 
are  residents.  If  a  majority  of  all  the  votes  cast  at  such  election  be 
opposed  to  dissolution,  no  further  petition  shall  be  entertained  or  elec- 
tion ordered  for  a  similar  purpose  within  three  years  next  following 
such  election.     If  the  district  in  which  such  election  is  held  be  wholly 


§  1674  POLITICAL    CODE.  428 

situated  in  one  county,  and  if  two-thirds  of  all  the  votes  cast  at  such 
election  be  in  favor  of  dissolution,  the  county  superintendent  of  such 
county  shall  forthwith  certify  the  result  of  such  election  to  the  board 
of  supervisors  of  such  county,  and  such  board  shall,  at  its  first  regular 
meeting  thereafter,  make  an  order  declaring  such  union  district  dis- 
solved, such  order  to  take  effect  at  the  end  of  the  current  school  year, 
except  as  hereinafter  provided.  If  the  district  in  which  such  election 
is  held  be  not  wholly  situated  in  one  county,  each  of  the  county  super- 
intendents of  the  counties  having  territory  therein  shall  immediately 
certify  to  the  others  the  result  of  the  election  in  his  own  county,  and 
if  two-thirds  of  all  the  votes  cast  at  such  election  be  in  favor  of  dis- 
solution, all  of  such  county  superintendents  shall,  jointly,  forthwith 
certify  the  result  of  such  election  to  the  board  of  supervisors  of  each 
of  such  counties,  and  said  boards,  and  each  of  them,  shall,  at  the  first 
regular  meeting  thereafter,  make  an  order  declaring  such  union  or  joint 
union  district  dissolved,  such  order  to  take  effect  at  the  end  of  the 
current  school  year,  except  as  hereinafter  provided.  When  a  union  or 
joint  union  school  district  has  been  thus  dissolved,  the  property  thereof 
shall  be  sold  by  the  board  of  supervisors  of  the  county  in  which  such 
property  is  situated,  and  the  proceeds  of  such  sale,  together  with  any 
moneys  in  the  treasury  to  the  credit  of  such  dissolved  district,  shall 
be  apportioned  to  and  placed  to  the  credit  of  the  school  districts  that 
composed  such  dissolved  district  in  proportion  to  the  value  of  prop- 
erty in  each  of  such  school  districts,  as  determined  by  the  last  previous 
assessment  therein  for  school  purposes,  and  the  board  or  hoards  of 
supervisors  of  the  county  or  counties  in  which  such  dissolved  district 
is  situated  shall  make  such  orders,  and  such  transfers  from  county 
to  county,  as  may  be  necessarv  or  proper  to  affect  such  apportionment. 
From  and  after  the  time  of  the  making  of  the  order  or  orders  herein- 
before provided  for,  declaring  a  union  or  joint  union  school  district 
dissolved,  the  original  sciiool  districts  composing  the  same,  with  such 
additional  territory  as  shall  have  been  annexed  to  them,  shall  be 
considered  to  be  in  existence  again,  as  separate  districts,  and  subject 
to  the  provisions  of  sections  1593  to  ir)02  of  this  code,  relating 
to  elections  for  school  trustees,  the  first  of  such  elections  in  each  of 
such  districts  to  be  held  as  in  the  case  of  a  newly  formed  district;  but 
such  order  or  orders  shall  not  affect  the  continuance  of  the  union  or 
joint  union  board  of  trustees,  or  the  maintenance  of  the  union  or 
joint  union  school,  until  the  end  of  the  current  school  year,  at  the 
expiration  of  which  time  such  board  and  school  shall  cease  to  exist. 

Attendance  less  than  five. 

Eighteenth — If  the  average  daily  attendance  from  any  one  of  the 
school  districts  composing  a  union  or  joint  union  school  district  shall 
fall  to  five  or  less  for  the  entire  year,  the  county  superintendent  shall 
report  the  facts  to  the  board  of  supervisors  under  the  provisions  of 
subdivision  2  of  section  1543  of  the  Political  Code  and  the  hoard  vt 
supervisors    shall    lapse    or   suspend   the    district    as   is   provided    in   the 


429  POLITICAL    CODE.  §  1696 

section    iLamed.     [Amendment    approved    April    26,    1913;    Stats.    1913, 
p.  96.] 

Duties  of  teachers. 

§  1696.     Every  teacher  in  the  public  school   must: 

First — Before  assuming  charge  of  a  school,  file  his  or  her  certificate 
with  the  superintendent  of  schools;  provided,  that  when  any  teacher  so 
employed  is  the  holder  of  a  California  state  normal  school  diploma, 
accompanied  by  the  certificate  of  the  state  board  of  education,  as  pro- 
vided in  subdivision  3  of  section  1503  of  the  Political  Code,  an  edu- 
cational or  a  life  diploma  of  California,  upon  presentation  thereof  to  the 
superintendent  he  shall  record  the  name  of  said  holder  in  a  book  pro- 
vided for  that  purpose  in  his  office,  and  the  holder  of  said  diploma  shall 
thereupon   be   absolved   from   the   provisions   of   this   subdivision. 

Second — Before  taking  charge  of  a  school  and  one  week  before  clos- 
ing a  term  of  school,  notify  the  county  superintendent  of  such  fact,  nam- 
ing the  day  of  opening  or  closing.  Boards  of  education  and  boards  of 
school  trustees  must  in  every  case  give  to  the  teacher  a  notice  of  at 
least  two  weeks  of  their  intention  to  close  the  term  of  school  under  their 
charge.  No  superintendent  shall  draw  any  requisition  for  the  last 
month's  salary  of  any  teacher  until  said  teacher  has  filed  with  him  the 
notice   required   by   this   subdivision. 

Third — Enforce  the  course  of  study,  the  use  of  the  legally  authorized 
text-books,   and    the   rules    and    regulations   prescribed   for   schools. 

Fourth — Hold  pupils  to  a  strict  account  for  their  conduct  on  the  way 
to  and  from  school,  on  the  playgrounds,  or  during  recess;  suspend,  for 
good  cause,  any  pupil  from  the  school,  and  report  such  suspension  to 
the  board  of  school  trustees  or  city  board  of  education  for  review.  If 
such  action  is  not  sustained  by  them,  the  teacher  may  appeal  to  the 
county  superintendent   whose   decision  shall  be   final. 

Fifth — Keep  a  state  school  register,  in  which  shall  be  left  at  the  close 
of  the  term,  a  report  showing  program  of  recitations,  classification 
and  grading  of  all  pupils  who  have  attended  school  at  any  time  during 
the  school  year.  The  superintendent  shall  in  no  case  draw  a  requisition 
in  favor  of  the  teacher,  until  the  teacher  has  filed  with  him  a  certificate 
from  the  clerk  of  the  board  of  school  trustees  to  the  effect  that  the  pro- 
visions of  this  subdivision  have  been  complied  with. 

Sixth — Make  an  annual  report  to  the  county  superintendent  at  the 
time  and  in  the  manner  and  on  the  blanks  prescribed  by  the  superin- 
tendent of  public  instruction.  Any  teacher  who  shall  end  any  school 
term  before  the  close  of  the  school  year,  shall  make  a  report  to  the 
county  superintendent  immediately  after  the  close  of  such  term;  and  any 
teacher  who  may  be  teaching  any  school  at  the  end  of  the  school  year 
shall,  in  his  or  her  annual  report,  include  all  statistics  for  the  entire 
school  year,  notwithstanding  any  previous  report  for  a  part  of  the  year. 
Said  teacher  shall  attach  to  the  annual  report  a  certificate  showing  the 
number  of  children  attending  said   school  who   reside  in  other   districts 


§§  1697-1721  POLITICAL   CODE.  430 

within  the  county  together  with  the  names,  residence  by  district  and  the 
average  daily  attendance  of  said  children.  The  principal  of  a  school  of 
more  than  one  teacher  shall  combine  the  separate  certificates  from  the 
teachers  in  the  school  of  which  he  is  principal,  and  shall  make  a  certifi- 
cate to  the  county  superintendent  showing  the  facts  set  forth  in  the  sep- 
arate certificates  of  the  teachers.  On  receiving  the  certificates  men- 
tioned above  from  any  school  district  under  his  jurisdiction,  the  county 
superintendent  shall  deduct  the  average  daily  attendance  of  such  chil- 
dren from  the  total  average  daily  attendance  of  the  school  in  which 
they  have  attended  school  and  add  it  to  the  total  average  daily  attend- 
ance of  the  district  or  districts  in  which  said  children  reside.  The  super- 
intendent of  schools  shall  in  no  case  draw  a  requisition  for  the  salary  of 
any  teacher  for  the  last  month  of  the  school  term,  until  the  report  re- 
quired  by  this   subdivision    has   been   filed,   and   by   him   approved. 

Seventh — Make  such  other  reports  as  may  be  required  by  the  super- 
intendent of  public  instruction,  county  superintendent,  board  of  school 
trustees,  or  city  board  of  educatiuai  [Amendment  approved  May  1, 
1911;  Stats.  1911,  p.  1338.] 

§  1697. 

Citations,     Cal.   163/350, 

§  1698. 

Citations.     App.  12/551. 

§  1699. 

Citations.     App.   12/71. 

School  library  fund  in  cities. 

§  1714.  In  cities  not  divided  into  school  districts,  the  library  fund 
shall  consist  of  a  sum  not  to  exceed  fifty  dollars,  for  every  one  thou- 
sand children  or  fraction  thereof  of  five  hundred  or  more,  between  the 
ages  of  five  and  seventeen  years,  annually  taken  from  the  city  or  county 
school  fund  apportioned  to  the  city.  The  superintendent  shall  appor- 
tion the  librarj-  fund  in  cities  not  divided  into  districts  among  the  sev 
eral  schools,  in  proportion  to  the  average  number  of  children  belonging  to 
each  school;  provided,  that  in  city  and  county  the  library  fund  shall  con- 
sist of  a  sum  equal  to  at  least  ten  ilollars  for  each  teacher  employed  in 
such  city  and  county.  [Amendment  approved  May  1,  1911;  Stats.  1911, 
p.  1355.] 

§  1720. 

Citations.     Cal.   157/616. 

Uuiou  high  school  districts. 

§  1721.  A  high  school  district  composed  of  two  or  more  high  school 
districts  shall  be  known  as  a  union  high  school  district,  and  such  designa- 
tion  shall   be   part    of    its   name.     If    such   school    districts   or    portions 


431  POLITICAL  CODE.  §§1722-1725 

thereof,  are  in  more  than  one  county,  such  union  high  school  district  shall 
be  known  as  a  joint  union  high  school  district  and  such  designation  shall 
be  part  of  its  name.  Whenever  the  term  high  school  district  is  used  in 
this  article  or  in  article  15  of  this  chapter,  it  shall,  unless  a  contrary 
intent  appears,  be  deemed  to  include  "Union  high  school  districts,"  joint 
union  high  school  districts  and  county  high  school  districts.  Any  city 
school  district  which  has  for  a  period  of  one  year  preceding  the  tak- 
ing effect  of  this  section,  established  and  maintained  a  high  school 
within  such  district,  shall  be  deemed  to  be  and  constitute  a  city  high 
school  district.     [Amendment  approved  April  21,  1913;  Stats.  1913,  p.  41.] 

Heads  of  families  may  sign  petitions. 

§  1722.  Whenever  by  the  provisions  of  this  article  the  signatures  of 
heads  of  families  or  of  electors  are  required  to  any  petition,  any  per- 
son who  at  the  time  of  signing  such  petition  is  the  head  of  a  family, 
shall  be  competent  to  sign  a  petition,  or  any  elector  shall  he  competent 
to  sign  a  petition.  The  superintendent  of  schools  ma}'  require  an  affi- 
davit from  one  or  more  of  the  petitioners  as  to  the  correctness  of  the 
facts  given  in  the  petition.  [Amendment  approved  April  14,  1911;  Stats. 
1911,  p.  920.] 

§  1724. 

Citations.     Cal.   164/405. 

Formation  of  high  school  districts  in  cities,  etc. 

§  1725.  Whenever  a  majority  of  the  heads  of  families  or  a  majority 
of  the  electors  residing  in  an  incorporated  city  or  town  or  a  school  dis- 
trict in  which  the  average  daily  attendance  in  the  elementary  schools  of 
the  district  shall  be  one  hundred  or  more  as  shown  by  the  last  reports  of 
the  teachers  in  said  district,  shall  unite  in  a  petition  for  the  formation 
of  a  high  school  district  therein  under  a  name  to  be  specified  in  the 
petition,  they  shall  present  the  same  to  the  superintendent  of  schools  of 
the  county,  or  in  case  of  a  joint  school  district  to  the  superintendent  of 
schools  of  the  county  in  which  the  greater  number  of  heads  of  families 
of  such  district  reside.  The  superintendent  to  whom  such  petition  is  pre- 
sented may  require  an  affidavit  from  one  or  more  of  the  petitioners  as 
to  the  correctness  of  the  facts  as  given  in  the  petition. 

Within  twenty  days  after  receiving  said  petition  the  superintendent 
of  schools  shall  verify  the  signatures  to  such  petition,  and  if  he  finds 
them  sufficient  shall  call  an  election  in  such  incorporated  city  or  town, 
including  any  territory  annexed  thereto  under  the  provisions  of  section 
1576,  or  in  such  school  district,  for  the  determination  of  the  question, 
and  shall  appoint  three  qualified  electors  thereof  to  conduct  said  elec- 
tion. Said  election  shall  be  called  by  posting  notices  thereof  in  three 
public  places  in  said  incorporated  city  or  town,  or  school  district,  at  least 
two  weeks  before  the  election,  and  by  publishing  such  notice  at  least 
once  a  week  for  two  successive  weeks  in  a  newspaper  of  general  circula- 


§  1727  POLITICAL   CODE.  432 

tion  published  therein  at  least  as  often  as  once  a  week,  if  there  be  such 
a  newspaper,  the  first  pulilieation  to  be  not  less  than  two  weeks  before 
the  election.  Said  election  shall  be  conducted  in  the  manner  prescribed 
for  conducting  elections  of  school  trustees.  The  ballots  used  at  such 
election  shall  contain  the  words  "High  School  District — Yes"  and  "High 
School  District — No,"  and  electors  voting  at  such  election  shall  make 
a  cross  with  pencil,  ink,  or  rubber  stamp,  after  the  answer  they  desire 
to  give.  It  shall  be  the  duty  of  said  election  officers  to  canvass  the 
vote  at  such  election  as  soon  as  the  polls  are  closed,  and  to  report  the 
result  of  said  election  to  the  superintendent  of  schools  within  five  days 
subsequent  to  the  holding  thereof.  Within  ten  days  after  receiving 
the  returns  of  said  election  the  superintendent  of  schools  shall  record 
the  result  thereof  in  a  book  kept  by  him  for  that  purpose  and  if  the 
majority  of  the  votes  east  at  the  election  are  in  favor  of  the  hiyh  school 
district,  he  shall  also  make  and  file  with  the  county  clerk  of  every  county 
in  which  any  part  of  such  proposed  high  school  district  lies,  a  certificate 
showing  the  number  of  votes  cast  at  such  election  for  and  against  the 
high  school  district,  and  declaring  the  result  thereof.  Such  county  clerk 
shall  record  said  certificate  in  full  in  a  book  to  be  kept  bj*  him  for  that 
purpose  and  designated  the  record  of  high  school  districts.  If  it  shall 
appear  from  such  certificate  that  a  majority  of  the  votes  cast  at  such 
election  were  cast  in  favor  of  the  formation  of  such  district,  such  high 
school  district  shall  be  deemed  to  be  formed  frpm  the  time  of  the  filing 
thereof.     [Amendment  approved  April  14,  1911;  Stats.  1911,  p.  919.] 

Formation  of  union  high  school  districts.    Election. 

§  1727.  Whenever  a  iiKijurity  of  the  heads  of  families  or  a  majority 
of  the  electors  residing  in  each  of  two  or  more  contiguous  school  dis- 
tricts in  the  same  county,  having  an  average  daily  attendance  in  the 
aggregate  in  the  elementary  schools  of  one  hundred  pupils  or  more  shall 
unite  in  a  petition  to  the  superintendent  of  schools  of  such  county,  for 
the  formation  of  a  union  high  school  district  under  a  name  to  be  speci- 
fied in  the  petition,  he  shall,  within  twenty  days  after  receiving  said 
petition  verify  the  signatures  thereto,  and  if  he  finds  them  sufficient, 
call  an  election  for  the  determination  of  the  question,  and  shall  appoint 
three  qualified  electors  in  each  of  the  districts  petitioning,  to  conduct 
the  election  therein.  Said  election  shall  be  held  separately  and  simul- 
taneously at  a  public  scboolhouse  in  each  of  the  districts  petitioning, 
and  shall  be  called  by  posting  notices  thereof  in  three  public  places  in 
each  district,  one  of  which  places  shall  be  a  public  schoolhouse  thereof, 
at  least  two  weeks  before  the  election,  and  by  publishing  such  notice 
at  least  once  a  week  for  two  successive  weeks  in  a  newspaper  of  gen- 
eral circulation  published  at  least  as  often  as  once  a  week  in  said  pro- 
posed union  high  school  district,  if  there  'be  such  a  newspaper,  the  first 
publication  to  be  not  less  than  two  weeks  before  the  election.  Said 
election  shall  be  conducted  by  the  officers  appointed  for  that  purpose,  in 
the  manner  provided  by  law  for  conducting  elections  of  school  trustees. 


433  POLITICAL   CODE.  §  1728 

The  ballots  used  at  such  election  in  each  district  shall  contain  the  words 
"Union  High  School  District — Yes"  and  "Union  High  School  District — 
No,"  and  electors  voting  at  such  election  shall  make  a  cross  with  pen- 
cil, ink  or  rubber  stamp,  after  the  answer  they  desire  to  give.  It  shall 
be  the  duty  of  the  said  election  officers  in  each  district  to  canvass  the 
vote  at  said  election  as  soon  as  the  polls  are  closed,  and  report  the  result 
to  the  superintendent  of  schools  within  five  days  subsequent  to  the  hold- 
ing of  said  election.  Within  ten  days  after  receiving  the  returns  of  said 
election,  the  superintendent  of  schools  shall  combine  the  votes  "for"  and 
"against"  the  formation  of  the  union  high  school  district  and  declare 
such  result  and  record  the  result,  with  the  details  of  the  vote  in  each 
district,  in  a  book  kept  by  him  for  that  purpose.  If  a  majority  of  the 
votes  cast  at  the  election  are  in  favor  of  the  formation  of  the  union 
high  school  district,  he  shall  also  file  with  the  county  clerk  of  the  county, 
a  certificate  showing  the  total  number  of  votes  cast  in  each  district  in 
favor  of  the  union  high  school  district,  the  total  number  of  votes  in  each 
district  against  the  union  high  school  district,  the  aggregate  result  of 
said  election  and  the  boundaries  of  said  proposed  district.  If  it  shall 
appear  from  such  certificate  that  a  majority  of  the  votes  cast  at  such 
election  were  cast  in  favor  of  the  formation  of  such  district,  such  union 
high  school  district  shall  be  deemed  to  be  formed  from  the  time  of  the 
filing  thereof,  and  the  county  clerk  shall  record  said  certificate  in  full 
in  his  record  of  high  school  districts.  [Amendment  approved  April  14, 
1911;  Stats.  1911,  p.  919.] 

Formation  of  joint  union  high  school  districts. 

§  1728.  Whenever  a  majority  of  the  heads  of  families  or  a  majority 
of  the  electors  residing  in  two  or  more  contiguous  school  districts,  hav- 
ing in  the  aggregate  one  hundred  or  more  pupils  in  average  daily  attend- 
ance as  shown  by  the  last  reports  of  the  teachers  in  said  school  districts, 
shall  present  a  petition  to  the  superintendent  of  schools  of  the  county 
in  which  the  greater  number  of  families  of  said  proposed  joint  union 
high  school  district  reside,  or  if  two  or  more  counties  are  tied  in  that 
respect,  to  the  superintendent  of  schools  of  one  of  said  counties  to  be 
determined  by  lot  by  all  the  superintendents  of  schools  interested. 
Thereupon  the  same  proceedings  shall  be  had  on  such  petition  as  are 
directed  in  section  1727,  except  thai  the  county  superintendent  of  schools 
shall  file  his  certificate  of  the  result  of  the  election  with  the  county 
clerk  of  each  county  in  which  any  part  of  the  joint  union  high  school 
district  is  situated.  If  it  appears  from  such  certificate  that  a  majority 
of  the  votes  cast  at  such  election  were  cast  in  favor  of  the  formation 
of  such  district,  such  joint  high  school  district  shall  be  deemed  to  be 
formed  from  the  time  of  the  filing  thereof.  The  county  clerk  shall 
record  the  certificate  in  full  in  his  record  of  high  school  districts. 
[Amendment  approved  April  14,  1911;  Stats.  1911,  p.  917.] 

28 


§  1729  POLITICAL   CODEi.  434 

Consolidation  of  union  high  school  districts. 

§  1729.  Two  or  more  fontiguous  high  school  districts  in  the  same  or 
in  adjoining  counties  may  be  united  to  form  a  single  union  or  joint 
union  high  school  district  by  proceedings  taken  as  hereinafter  provided. 
Whenever  a  petition  signed  by  two-thirds  of  the  high  school  board  of 
each  of  two  or  more  contiguous  high  school  districts,  asking  that  said 
high  school  districts  be  united  to  form  a  single  union  or  joint  union 
high  school  district  under  a  name  to  be  stated  in  the  petition,  and  stat- 
ing the  location  of  the  high  school  agreed  upon  by  said  high  school 
boards,  shall  be  presented  to  the  superintendent  of  schools  who  would 
have  jurisdiction  of  an  original  petition  for  the  formation  of  a  high 
school  district  out  of  the  territory  comprised  in  the  high  school  districts 
so  petitioning,  said  superintendent  of  schools  shall,  within  twenty  days, 
call  an  election  for  the  determination  of  the  question.  Such  election 
shall  be  held  separately  in  each  of  the  school  districts  composing  said 
high  school  districts  so  petitioning,  and  shall  be  called  and  held  as  pro- 
vided in  section  1727,  except  that  the  ballots  shall  state  the  location 
of  the  high  school  .ts  described  in  the  petition  to  the  superintendent  of 
schools  and  shall  contain  the  words  "For  the  union  of  high  school  dis- 
tricts— Yes"  and  "For  the  union  of  high  school  districts — No."  Said 
superintendent  of  schools  shall  canvass  the  returns  and  file  His  certifi- 
cate of  the  result  as  directed  by  section  1727.  If  a  majority  of  the  votes 
cast  at  such  election  are  in  favor  of  the  union  of  such  high  school  dis- 
tricts, the  high  school  districts  so  petitioning  shall,  from  the  time  of 
filing  such  certificate,  be  united  to  form  a  single  union  or  joint  union 
high  school  district  under  the  name  stated  in  the  petition.  Thereupon 
the  high  school  board  shall  be  elected  and  organized  as  provided  in 
sections  1730  and  17.il.  If  either  of  such  high  school  districts  so  united 
has  an  outstanding  bonded  indebtedness,  the  new  high  school  district 
shall  be  liable  therefor;  also  a  union  high  school  district  which  lies  con- 
tiguous to  or  adjoining  a  high  school  district  of  an  incorjiorated  city  or 
town  in  any  county,  may  be  annexed  to,  consolidated  and  merged  with 
said  high  school  district  of  such  incorporated  city  or  town.  Whenever  a 
majority  of  the  heads  of  families  residing  in  any  union  high  school  dis- 
trict which  lies  contiguous  to  or  adjoining  a  high  school  district  in  any 
incorporated  city  or  town  in  the  same  county,  shall  present  to  the  super- 
intendent of  schools  of  said  county  a  petition  asking  for  the  annexa- 
tion, consolidation  and  merger  of  such  union  high  school  district  with 
such  high  school  district  of  such  incorporated  city  or  town,  and  which 
petition  is  accompanied  by  an  agreement  signed  by  a  majority  of  the 
members  of  the  board  of  education  or  board  of  school  trustees  of  such 
incorporated  city  or  town  and  consenting  and  agreeing  to  such  annexa- 
tion, consolidation  and  merger,  and  setting  forth  the  terms  and  condi- 
tions upon  which  such  annexation,  consolidation  and  merger  shall  be 
made,  such  sujierinteudent  of  schools  shall,  after  verifying  the  signatures 
thereon  and  finding  theui  sufficioiit.  transfluit  such  petition  and  agreement 
to  the  board  of  supervisors  of  said  ooiinty  with  his  recommendatiion 
thereon.     Such  board  thereupon,  in  their  discretion,  may  make  an  order 


435  POLITICAL    CODE.  §  1731 

annexing,  consolidating  and  merging,  for  high  school  purposes,  such 
union  high  school  district  with  such  high  school  district  of  such  incor- 
porated city  or  town,  and  such  merged,  consolidated  and  combined  dis- 
trict shall  take  the  name  and  thereafter  be  known  by  and  under  the 
same  name  as  the  high  school  district  of  such  incorporated  city  or  town; 
provided,  that  all  bonded  indebtedness  of  either  of  said  districts  and  all 
interest  thereon  shall  be  paid  by  the  district  which  incurred  the  same 
as  though  such  consolidation  and  merger  had  not  occurred;  then  the 
consolidation  and  merger  of  such  union  high  school  district  with  said 
high  school  district  of  such  incorjiorated  city  or  town  upon  the  terms 
stated  in  such  petition  and  agreement  shall  be  complete  and  valid  by 
virtue  of  the  order  of  said  board  of  supervisors  duly  entered  in  its  min- 
utes. Such  annexation,  consolidation  and  merger  may  be  made  at  any 
time  irrespective  of  the  provisions  of  section  L577  of  the  Political  Code 
of  this  state.  After  any  such  union  high  school  district  has  been  so 
annexed  to,  consolidated  and  merged  with  any  such  high  school  district 
of  any  incorjjorated  city  or  town,  such  territory  of  said  union  high  school 
district  so  merged  and  consolidated  shall  be  deemed  to  be  a  part  of  said 
city  or  incorporated  town  for  high  school  purposes  and  for  all  matters 
connected  with  the  high  school  department  thereof,  and  for  the  purpose 
of  assessing,  levying  and  collecting  property  taxes  for  the  high  school 
funds  of  such  city  or  incorporated  town  and  for  the  purposes  specified 
in  sections  1880  and  1888,  inclusive,  of  the  Political  Code.  Whenever  a 
union  high  school  district  shall  be  annexed  to,  consolidated  and  merged 
with  a  high  school  district  of  an  incorporated  city  or  town  as  herein- 
above provided,  the  governing  power  and  control  of  such  union  high 
school  district  shall  thereafter  be  merged  and  vested  in  the  board  of  edu- 
cation or  board  of  school  trustees  of  such  incorporated  city  or  town, 
and  all  tunds  belonging  to  said  union  high  school  district  shall  be  trans- 
ferred by  requisition  of  the  school  superintendent  of  the  said  county, 
upon  the  county  auditor  to  the  credit  of  the  proper  funds  of  such  incor- 
porated city  or  town  with  which  said  union  high  school  district  has 
been  merged,  consolidated  and  annexed  and  thereafter  said  high  school 
district  of  said  incorporated  city  or  town  shall  have  the  benefit  of  and 
shall  be  entitled  to  enforce  and  collect  in  its  own  name  all  obligations 
and  contracts  then  existing  in  favor  of  such  union  high  school  district 
and  shall  also  assume  and  be  responsible  for  the  payment  or  perform- 
ance of  all  debts,  obligations  and  contracts  outstanding  or  existing 
against  said  union  high  school  district,  excepting  only  the  bonded  in- 
dsbtedness-then  outstanding  against  said  union  high  school  district  and 
shall  thereafter  govern  and  control  all  the  property  of  said  union  high 
school  district.      [Amendment  approved  May  1,  1911;  Stats.  1911,  p.  1.352.] 

Annual  election  of  high  school  trustees.     Canvass  of  retiims.     Classifica- 
tion  of  members.     Vacancies.     Members  to   hold   oface   until   July, 
1910. 
§  1731.     The   regular   annual   election   of   members   of   the   high   school 

board  shall  be  held  at  same  time  as  the  regular  annual  election  of  school 


§§  1733-1734  POLITICAL  code.  436 

trustees.  Said  election  shall  be  called  by  the  high  school  board,  who 
shall  for  that  purpose  designate  a  polliDg  place  in  each  of  the  school 
districts  composing  the  high  school  district,  at  one  of  the  schoolhouses 
thereof,  at  which  the  electors  of  such  school  districts  shall  vote.  The 
high  school  board  shall  give  the  same  notice  of  said  election  and  ap- 
point the  same  number  of  election  officers  in  each  school  district  as  are 
required  for  the  election  of  school  trustees,  and  said  election  shall  be 
held  in  fhe  same  manner  as  are  elections  of  school  trustees,  except  that 
the  returns  thereof  shall  be  at  once  sent  to  the  high  school  board,  who 
shall  meet  at  the  high  school  on  the  seventh  day  thereafter  at  1  o'clock 
P.  M.,  and  canvass  said  returns  and  issue  certificates  of  election  to  the 
persons  elected  and  file  duplicates  thereof  with  the  superintendent  of 
schools  having  jurisdiction  over  such  high  school  district.  The  high 
school  board  elected  at  the  first  regular  election  following  the  formation 
of  any  union  or  joint  union  high  school  district  .shall  at  their  first  meet- 
ing so  classify  themselves  by  lot  that  one  of  their  number  shall  hold 
office  for  one  year,  two  of  their  number  shall  hold  office  for  two  years, 
and  two  of  their  number  shall  hold  office  for  three  years  from  the  first 
day  of  May  next  preceding.  Thereafter  as  eaih  member's  term  expires 
his  successor  shall  be  elected  in  like  manner  for  the  term  of  three  years 
and  until  his  successor  shall  be  elected  or  appointed  and  qualified. 
Vacancies  on  the  board  shall  be  filled  by  appointment  by  the  superin- 
tendent of  schools  having  jurisdiction  over  the  high  school  district,  the 
appointee  to  hold  oftice  until  the  first  day  of  May  next  succeeding  the 
appointment,  and  a  person  to  fill  any  uncxj^ircd  term  shall  be  elected  at 
the  next  regular  election  after  the  vacancy  occurs. 

In  each  union  or  joint  union  high  school  district  formed  before  this 
section  takes  effect  the  members  of  the  high  school  board  in  office  at 
the  time  this  section  takes  effect  or  persons  appointed  as  their  successors, 
in  case  of  vacancies,  shall  hold  offne  until  the  first  day  of  July,  1910, 
at  which  time  their  terms  of  offite  shall  expire.  At  the  time  herein- 
before provided  for  the  holding  of  the  regular  election  of  members  of 
the  high  school  board  in  the  year  1910  a  new  board,  consisting  of  fiv6 
members  shall  be  elected  at  large  in  each  such  union  or  joint  union  high 
scho(d  district,  who  shall  take  office  on  the  first  day  of  July,  1910; 
said  high  school  board  shall  at  their  first  meeting  classify  themselves 
by  lot  as  hereinbefore  provided  for  newly  formed  districts  and  there- 
after their  successors  shall  be  elected  as  hereinbefore  provided.  [Amend- 
ment approved  June  13,  1913;  Stats.  1913,  p.  765.] 

§  1733. 

Citations.     Cal.  157/617. 

Admission  of  school  district  to  high  school  district 

§  1734.  Whenever  a  majority  of  the  ho.i.is  of  families  or  a  majority 
of  the  electors  residing  in  any  school  district  contiguous  to  a  high  school 
district,  in  the  same  or  in  adjoining  counties,  as  shown  by  the  affidavit 


437  POLITICAL    CODE.  §  1734 

of  one  or  more  of  the  petitioners,  shall  present  to  the  superintendent  of 
schools  who  has  jurisdiction  over  said  high  school  district,  a  petition 
for  the  annexation  of  such  school  district  to  such  high  school  district, 
accompanied  by  an  agreement  signed  by  a  majority  of  the  members  of 
the  high  school  board  of  the  high  school  district  to  which  annexation  is 
desired,  and  by  a  majority  of  the  trustees  of  such  school  district,  con- 
senting to  such  annexation  and  setting  forth  the  terms  thereof,  such 
superintendent  of  schools  shall,  after  verifying  the  signatures  thereon 
and  finding  them  sufficient,  transmit  such  petition  and  agreement  to  the 
board  of  supervisors  of  his  county  with  his  recommendations  thereon. 
Such  board  may  thereupon,  in  their  discretion,  make  an  order  annexing 
such  school  district  to  such  high  school  district  uj)On  the  terms  agreed  on. 
Whenever  it  appears  that  the  terms  agreed  upon  by  the  trustees  of 
the  district  seeking  to  be  annexed  and  the  high  school  board  include  the 
assumption  by  the  district  to  be  annexed  of  its  pro  rata  portion  of  any 
bonded  indebtedness  existing  against  the  high  school  district,  the,  board 
of  supervisors  shall  call  an  election  in  the  district  so  proposing  to  assume 
such  indebtedness  for  the  purpose  of  determining  whether  such  indebt- 
edness shall  be  authorized  and  assumed.  Such  election  shall  be  held 
as  provided  in  section  1745,  except  that  the  returns  shall  be  made  to 
the  board  of  supervisors.  If  it  shall  appear  from  the  returns  of  such 
election  that  two-thirds  of  the  votes  cast  at  such  election  were  cast 
in  favor  of  the  assumption  by  the  district  seeking  to  be  annexed  of  its 
pro  rata  portion  of  such  bonds,  then  and  not  until  then  shall  such  dis- 
trict be  annexed  to  such  high  school  district.  If  such  bonded  indebted- 
ness is  assumed  by  the  annexed  district  then  all  levies  of  taxes  made 
for  the  payment  of  the  same  and  interest  thereon,  shall  be  upon  the 
property  of  such  annexed  district  at  the  same  rate  as  levied  upon  the 
property  of  the  oiiginal  high  school  district.  Whenever  a  majority 
of  the  heads  of  families  or  a  majority  of  the  electors  residing  in  any 
union  or  joint  union  high  school  district,  and  two-thirds  of  the  heads  of 
families  or  of  the  electors  residing  in  any  school  district  which  is  a  part 
thereof,  as  shown  by  the  affidavit  of  one  or  more  of  the  petitioners, 
shall  present  to  the  superintendent  of  schools  who  has  jurisdiction  over 
said  high  school  district  petitions  asking  for  the  exclusion  of  such  school 
district  from  such  high  school  district,  accompanied  by  an  agreement 
signed  by  a  majority  of  the  high  school  board  of  such  high  school  dis- 
trict and'  a  majority  of  the  trustees  of  such  school  district,  consenting 
to  such  exclusion  and  setting  forth  the  terms  thereof,  such  superin- 
tendent of  schools  shall,  after  verifying  the  signatures  thereto  and  find- 
ing them  sufficient,  transmit  such  petitions  and  agreement  to  the  board 
of  supervisors  of  his  county,  with  his  recommendations  thereon.  Such 
board  may  thereupon,  in  their  discretion,  make  an  order  excluding  such 
school  district  from  the  high  school  district  upon  the  terms  agreed  on; 
provided,  however,  that  no  school  district  shall  be  excluded  from  a  high 
school  district  having  an  outstanding  bonded  indebtedness,  where  such 
exclusion  would  so  reduce  the  amount  of  taxable  property  in  such  high 


§  1736  POLITICAL   CODE,  438 

school  district  that  said  outstanding  bonded  indebtedness  would  exceed 
five  per  cent  of  the  taxable  property  of  such  high  school  district  after 
the  exclusion,  as  shown  by  the  last  equalized  assessment  of  the  county 
or  counties  in  which  such  high  school  district  is  located.  The  order  of 
the  board  of  supervisors  annexing  a  school  district  to,  or  excluding  it 
from,  a  high  school  district  shall  be  entered  by  their  clerk  in  his  rec- 
ord of  high  school  districts  and  he  shall  also  send  a  copy  thereof  to  the 
county  clerk  of  each  county  in  which  any  part  of  such  high  school  dis- 
trict is  situated,  who  shall  enter  it  in  his  record  of  high  school  districts. 
[Amendment  approved  Apiil  14,  1911;  Stats.  1911,  p.  922.] 

Disincorporation  of  high  school  districts. 

§  1736.  Any  high  school  district  may,  after  the  expiration  of  three 
years  from  its  formation,  or  after  it  has  been  acting  as  such  for  three 
years,  disincorporate  and  be  dissolved  in  the  following  manner:  A  peti- 
tion signed  by  two  thirds  of  the  heads  of  families  or  two-thirds  of  the 
electots  of  each  school  district  composing  such  high  school  district  as 
shown  by  affidavit  of  one  or  more  of  the  petitioners  shall  be  presented 
to  the  superintendent  of  schools  having  iurisdiction  over  such  high 
school  district,  which  petition  shall  set  forth  briefly  the  reasons  for  dis- 
incorjioration,  and  shall  pray  that  the  question  may  be  submitted  to 
the  voters  in  said  district.  Upon  receiving  such  petition  the  said  super- 
intendent of  schools  shall  verify  the  signatures  to  said  petition  and  shall, 
if  he  finds  them  sufficient,  call  an  election  in  each  school  district  of  such 
high  school  district,  and  shall  submit  to  the  voters  therein  the  question 
of  disincorporation  of  such  high  school  district.  .\t  the  time  of  calling 
such  election,  which  must  be  hold  in  all  the  school  districts  of  the  high 
school  district  upon  the  same  day,  the  superintendent  of  schools  must 
appoint  three  electors  in  each  school  district  contained  within  such  high 
school  district  to  conduct  the  election.  Notice  of  election  shall  be  given 
by  posting  and  publication  as  provided  by  section  1727  in  case  of  an 
election  for  the  formation  of  a  union  high  school  district.  Said  election 
shall  be  conducted  in  the  manner  provided  by  law  for  conducting  elec- 
tions of  school  trustees.  The  ballots  shall  have  printed  on  them  the 
words  "Disincorporation — Yes"  and  "Disincorporation — Xo,"  and  electors 
voting  at  such  election  shall  make  a  cross  with  pencil,  ink,  or  rubber 
stamp,  opposite  the  answer  they  desire  to  give.  Thp  election  officers 
shall  report  the  result  of  such  election  within  five  days  thereafter  to 
such  su]ierintondent  of  schools.  If  a  majority  of  all  the  votes  cast  at 
such  election  are  opjiosed  to  disincorporation  no  further  petition  shall  be 
entertained  or  election  ordered  for  a  similar  purpose  within  three  years 
next  following  such  election.  If  two-thirds  of  all  votes  cast  at  such 
election  are  in  favor  of  disincorporation  the  superintendent  of  schools 
shall,  at  the  end  of  the  existing  school  year,  suspend  said  high  school 
district,  and  report  the  result  of  the  election  and  the  fact  of  such  sus- 
pension to  the  board  of  supervisors  of  his  county.  Upon  receiving  such 
report,  said  board  shall,  at  the  first  meeting  thereafter,  make  an  order 


439  POLITICAL    CODE.  §  1738 

declaring  said  high  school  district  duly  disincorporated  and  dissolved,  to 
take  effect  at  the  end  of  the  existing  school  year.  When  a  hijjh  school 
district  has  disincorporated  under  the  provisions  of  this  section,  the  prop- 
erty thereof  shall  be  sold  by  said  board  of  supervisors  , and  the  proceeds 
of  such  sales,  together  with  any  moneys  in  the  treasury  to  the  credit  of 
such  disincorporated  high  school  district,  shall  be  disposed  of  as  provided 
in  section  1735.  If  a  high  school  district  so  disincorporated  has  an  out- 
standing bonded  indebtedness,  taxes  shall  be  levied  and  collected  on  all 
property  in  the  territory  constituting  such  high  school  district  at  the 
time  of  its  disincorporation,  for  the  purpose  of  paying  principal  and 
interest  of  such  bonds,  in  the  same  manner,  and  at  the  same  time  as  if 
said  district  had  not  been  disincorporated.  [Amendment  approved  April 
14,  1911;  Stats.  1911,  p.  921.] 

Petition  for  county  high  school  district.     Election.     Eallot. 

§  1738.  Whenever  a  petition,  signed  by  fifty  or  more  qualified  elec- 
tors and  taxpayers  of  any  county,  is  presented  to  the  board  of  super- 
visors thereof,  asking  for  the  establishment  of  a  county  high  school 
district  in  such  county,  the  board  of  supervisors  must  submit  the  ques- 
tion of  establishing  a  county  high  school  district  in  said  county  to  the 
qualified  electors  thereof,  at  the  next  general  election  held  therein,  or 
at  a  special  election  to  be  called  by  the  board  for  that  purpose.  If  a 
special  election  is  called,  notice  thereof  must  be  given  by  publication 
in  some  newspaper  of  general  circulation  published  in  the  county,  for 
at  least  two  weeks  before  the  election,  or  if  there  is  no  such  newspaper, 
by  posting  the  same  conspicuously  in  five  public  places  in  the  county, 
at  least  two  weeks  before  the  election.  The  ballots  used  at  such  elec- 
tion shall  contain  the  words  "County  high  school  district — Yes,"  and 
"County  high  school  district — No,"  and  voters  shall  express  their  choice 
by  marking  a  cross  with  pencil,  ink  or  rubber  stamp  after  the  answer 
they  desire  to  give.  Said  special  election  shall  be  conducted  in  the 
manner  prescribed  by  this  code  for  conducting  special  elections.  The 
electors  of  any  high  school  district  existing  in  such  county  at  the  time 
of  the  submission  of  said  proposition,  shall  be  excluded  from  voting 
upon  said  proposition,  unless,  in  addition  to  the  petition  above  men- 
tioned, there  was  also  presented  to  said  board  of  superA'isors  the  peti- 
tion of  two-thirds  of  the  qualified  electors  residing  in  such  high  school 
district,  or  in  case  of  a  union  high  school  district,  the  petition  of  two- 
thirds  of  the  qualified  electors  residing  in  each  school  difetfict  composing 
the  union  high  school  district;  in  which  case  the  electors  of  the  high 
school  district  or  districts  from  which  such  petitions  are  presented,  shall 
also  be  entitled  to  vote  upon  said  proposition.  If  a  majority  of  all 
votes  cast  upon  the  question  of  establishing  a  county  high  school  dis- 
trict are  in  the  afiirmative,  the  board  of  supervisors  shall  make  an  order 
declaring  the  county  high  school  district  established  and  shall  also 
declare  the  high  school  district  or  districts  which  participated  in  such 
election,  upon  the  petitions  hereinbefore  required,  to  be  lapsed,  and  the 


§§  1739-1741  POLITICAL   CODE.  ilO 

property  of  such  lapsed  high  school  district  shall  be  held  or  sold  by  the 
board  of  supervisors  for  the  benefit  of  the  county  hif;h  school  district. 
The  order  of  the  board  in  regard  to  such  lapsed  districts  shall  be  en- 
tered by  the  county  clerk  in  his  record  of  high  school  districts.  [Amend- 
ment approved  April  21,  191.3;  Stats.  1913,  p.  41.] 

Trustees  of  county  high  school  districts. 

§  1739.  When  a  county  high  school  district  is  established  in  any 
county,  the  county  board  of  education  shall  be  trustees  of  such  county 
high  school  district  and  have  control  thereof,  and  shall  have  the  same 
power  and  duties  in  regard  thereto,  as  high  school  boards  of  other 
high  school  districts.  All  property  required  by  them  for  the  use  of 
the  high  school  district  shall  be  taken  in  the  name  of  the  county  and 
shall  be  disposed  of  only  upon  order  of  the  board  of  supervisors  made 
upon  recommendation  of  the  countv  board  of  education.  [Amendment 
approved  April  21,   1913;   Stats.   Iffi3,   p.  42.] 

Meetings  of  high  school  boards.    Where  held. 

§  1740.  District,  union  and  joint  union  high  school  boards  shall  meet 
on  the  first  Saturday  in  May  of  each  year  at  12  o'clock  M.,  and  or- 
ganize by  electing  a  president  from  their  own  number,  and  a  clerk. 
Every  high  school  board  shall  hold  regular  monthly  meetings  at  such 
times  as  may  be  provided  in  the  rules  and  regulations  adopted  by  them 
for  their  own  government;  provided,  that  in  union  or  joint  union  high 
school  districts  the  regular  meetings  as  above  provided  may  be  quarterly. 
Special  meetings  may  be  hold  at  the  call  of  the  president  of  the  board. 
Upon  the  request,  in  writing,  signed  by  a  majority  of  any  board,  the 
president  of  said  board  shall  call  a  meeting  thereof.  Of  all  special 
meetings  of  any  huard  the  members  thereof  shall  have  at  least  two 
days'  notice,  issued  and  served  by  the  clerk  thereof.  At  special  meet- 
ings no  business  shall  be  transacted  other  than  that  specified  in  the  call 
therefor.  All  meetings  of  the  high  school  board  shall  be  held  at  the 
high  school  building;  provided,  that  if  no  high  school  building  exists 
in  the  high  school  district,  or  if  the  high  school  district  consists  of  a 
single  city,  town,  or  school  district,  the  high  school  board  may  meet 
at  such  place  in  the  high  school  district  as  it  may  by  resolution  deter- 
mine.     [Amendment  approved   April   25,   1913;   Stats.   1913,  p.  93.] 

Lease  of  school  quarters.     Transportation  of  pupils. 

§  1741.  Except  as  in  this  article,  or  in  article  15  of  this  chapter, 
otherwise  provided,  the  powers  and  duties  of  high  school  boards  shall  be 
such  as  are  now  or  may  hereafter  be  assigned  by  law  to  boards  of 
education  or  boards  of  school  trustees  in  school  districts.  The  high 
school  board  shall,  at  any  time  after  its  organization,  have  power  to  make 
arrangements  for  the  temporary  location  of  the  high  school,  and  if 
satisfactory  quarters  in  a  suitable  location  are  offered  or  can  be  procured 
for  a  consideration,  or  at  a  rental  which  would  make  it  advisable  to  ac- 
cept the  same,  they  shall  have  the  power  to  secure  or  lease  such  quarters 


441  POLITICAL    CODE,  §  1745 

for  a  period  not  to  exceed  three  years.  At  the  expiration  of  such  lease 
or  other  arrangements  they  shall  have  the  same  power  to  make  another 
lease  or  other  arrangement  for  the  same  or  different  quarters,  for  a 
period  not  exceeding  three  years.  If  rooms  can  be  obtained  in  a  public 
school  building  in  the  place  where  the  high  school  is  temporarily  located, 
on  reasonable  terms,  such  rooms  shall  be  given  the  preference.  The  high 
school  board  of  any  county,  union  or  joint  union  high  school  district  may 
provide,  in  such  manner  as  they  deem  best,  for  the  transportation  to  and 
from  the  high  school  of  such  pupils  thereof  as  such  board  find  to  be  in 
need  of  such  transportation;  and  the  cost  of  such  transportation  shall 
be  deemed  a  part  of  the  cost  of  maintaining  the  high  school  and  paid 
accordingly;  provided,  that  all  contracts  or  other  provisions  for  such 
transportation  shall  before  the  same  become  effective,  be  approved  by 
the  superintendent  of  schools  who  has  jurisdiction  over  such  high  school 
district.     [Amendment  approved  March  13,  1911;  Stats.  1911,  p.  346.] 

Election  for  issuance  of  high  school  district  bonds.  Notices;  posting, 
publication,  contents.  How  conducted.  Ballots.  Canvass  of  returns. 
§  1745.  The  high  school  board  of  any  high  school  district  may,  when 
in  its  judgment  it  is  advisable,  and  must  upon  a  petition  of  the  majority 
of  the  heads  of  families  residing  in  such  high  school  district,  call  an 
election  and  submit  to  the  electors  of  the  high  school  district  the  ques- 
tion whether  the  bonds  of  such  high  school  district  shall  be  issued  and 
sold  for  the  purpose  of  raising  money  for  purchasing  high  school  lots, 
for  building  or  purchasing  one  or  more  high  school  buildings  or  making 
alterations  or  additions  to  the  high  school  building  or  buildings,  for 
repairing,  restoring  or  rebuilding  any  high  school  building  damaged, 
injured  or  destroyed  by  fire  pr  other  public  calamity,  for  insuring  high 
school  buildings,  for  supplying  high  school  buildings  with  furniture  or 
necessary  apparatus,  for  improving  the  grounds,  for  liquidating  any 
indebtedness  already  incurred  for  said  purposes,  or  for  refunding  any 
outstanding  valid  indebtedness  of  such  district,  evidenced  by  bonds  or 
warrants  thereof.  Any  one  or  more  or  all  of  said  purposes,  except  that 
of  refunding  any  outstanding  valid  indebtedness  of  such  district,  evi- 
denced by  bonds  or  w^arrants  thereof,  may  by  order  of  said  board,  en- 
tered in  its  minutes,  be  united  and  voted  upon  as  one  single  proposition. 
Such  election  must  be  called  by  posting  notices,  signed  by  a  majority 
of  the  high  school  board,  in  at  least  three  public  places  in  the  high 
school  district,  not  less  than  twenty  days  before  the  election;  and  if 
there  is  a  newspaper  of  general  circulation  published  in  any  county  in 
which  any  part  of  said  district  is  situated,  by  publishing  such  notice 
therein  not  less  than  once  a  week  for  three  successive  weeks.  The  first 
publication  of  said  notice  shall  be  not  less  than  twenty-one  days  before 
such  election.  Such  notice  must  contain:  The  time  and  place,  or  places, 
of  holding  such  election;  the  names  of  the  inspectors  and  judges  to  con- 
duct the  same;  the  hours  during  the  day  in  which  the  polls  will  be  ojjen; 
the  purposes  for  which  the  bonds  are  to  be  issued;  the  amount  of  bonds 


§  1746  POLITICAL   CODE.  442 

and  the  denomination  thereof,  which  shall  not  be  more  than  one  thou- 
sand dollars  or  less  than  one  hundred  dollars;  the  rate  of  interest,  not 
exceeding  six  per  cent  per  annum,  payable  annually  or  semi-annually; 
and  the  number  of  years,  not  exceeding  forty,  the  whole  or  any  part 
of  said  bonds  are  to  run.  Such  election  shall  be  conducted  in  conformity 
wnth  the  provisions  of  sections  1596,  1597,  1598,  1599,  1600,  and  1601  of 
this  code,  and  the  words  to  appear  upon  the  ballots  shall  be  "high  school 
district  bonds — yes"  and  "high  school  district  bonds — no"  or  words  of 
similar  import.  Electors  voting  at  such  elections  shall  mark  a  cross 
with  pencil,  ink  or  rubber  stamp,  after  the  answer  they  desire  to  give. 
On  the  seventh  day  after  saiil  election  at  1  o'clock  P.  M.  if  the  returns 
have  all  been  made  to  the  high  school  board  of  such  high  school  dis- 
trict, such  high  school  board  must  meet  and  canvass  said  returns.  If 
all  the  returns  have  not  then  been  received,  the  board  must  adjourn 
from  day  to  day  until  said  returns  are  all  received,  and  must  then  pro- 
ceed to  canvass  the  same.  The  canvass  may  be  continued  from  day 
to  day  until  completed.  [Amendment  approved  June  13,  1913;  Stats. 
1913,   p.   772.] 

CiUtions.     App.   12/173,  174. 

When  two-thirds  favor  bonds.  Limit  on  amount  of  bonds.  Form  of 
bonds.  Where  payable.  Sale  at  par.  Advertisement  of  sale. 
§  1746.  If  it  appears  that  two  thirds  of  the  votes  east  at  said  elec- 
tion were  cast  in  favor  of  issuing  such  bonds,  then  snch  high  school 
board  shall  cause  an  entry  of  that  fact  to  be  made  upon  its  minutes, 
and  shall  certify  to  the  board  of  supcrvi.sors  of  the  county  whose  super- 
intendent of  schools  has  jurisdiction  of  said  high  school  district  all  of 
the  proceedings  hud  in  the  premises,  ajid  thereupon  said  board  of 
supervisors  .shall  be.  and  it  is  hereby  authorized  and  directed  to  issue 
the  bonds  of  such  high  school  district,  in  accordance  with  such  proceed- 
ings, payable  out  of  the  building  fund  of  such  high  school  district,  naming 
the  same;  provided,  that  the  total  amount  of  bonds  so  issued  shall  not 
exceed  five  per  cent  of  the  taxable  property  of  the  high  school  district 
as  shown  by  the  last  equalized  assessment  of  the  county  or  counties  in 
which  such  district  is  located.  The  board  of  supervisors,  by  an  order 
entered  upon  its  minutes,  shall  prescribe  the  form  of  said  bonds  and  of 
the  interest  coupons  attached  thereto,  if  any,  and  must  fix  the  time 
when  the  whole  or  any  part  of  the  principal  of  said  bonds  shall  be  pay- 
able, which  shall  not  be  more  than  forty  years  from  the  date  thereof. 
If  the  notice  calling  the  election  shall  have  provided  that  the  bonds 
and  the  interest  thereon  shall  be  payable  in  gold  coin  of  the  United 
States,  the  bonds  shall  be  made  payable  in  such  gold  coin,  as  to  prin- 
cipal and  interest.  If  the  notice  calling  the  election  shall  have  provided 
that  the  bonds  and  the  interest  thereon  shall  be  payable  in  lawful  money 
of  the  T'^nited  States,  the  bonds  shall  be  made  payable  in  lawful  money 
of  the  United  States  as  to  principal  and  interest.  If  the  notice  shall 
have   ninde   no   such  specific   provisions,   the   board   of   supervisors   shall 


443  POLITICAL   CODE.  §  1749 

have  power  in  the  order  prescribing  the  form  of  the  bonds  either  to 
make  the  bonds  payable  in  gold  coin  of  the  United  States  as  to  prin- 
cipal and  interest,  or  to  make  them  payable  in  lawful  money  of  the 
United  States  as  to  principal  and  interest.  Said  board  of  supervisors 
may  make  the  principal  and  interest  of  said  bonds  payable  at  the  oflTice 
of  the  treasurer  of  the  county,  or  at  such  other  place  within  the  United 
States  as  the  board  may  designate,  or  at  such  treasurer's  oflice  or  such 
other  designated  place,  at  the  option  of  the  bondholder;  which  place  of 
payment  shall  be  specified  in  the  bonds;  and  this  provision  shall  apply 
to  all  such  bonds  not  yet  issued  when  this  section  takes  effect,  regard- 
less of  the  time  when  the  election,  therefor  was  held.  The  expense  of 
paying  such  principal  and  interest  elsewhere  than  at  the  office  of  the 
treasurer  shall  be  a  charge  against  the  high  school  district  funds,  to  be 
paid  out  of  the  tax  for  the  payment  of  the  bonds.  Such  bonds  must 
be  sold  at  the  times  and  in  the  amounts  prescribed  by  the  board  of 
supervisors,  but  for  not  less  than  par,  and  the  proceeds  of  the  sale 
thereof  must  be  deposited  in  the  county  treasury  to  the  credit  of  the 
building  fund  of  the  said  high  school  district,  and  be  drawn  out  for  the 
purposes  aforesaid  as  other  high  school  moneys  are  drawn  out.  Before 
selling  said  bonds,  or  any  part  thereof,  the  board  of  supervisors  must 
advertise  for  bids  therefor  for  at  least  two  weeks  in  some  daily  or 
weekly  newspaper  of  general  circulation  published  in  the  county,  or  if 
there  is  no  such  newspaper  published  in  the  county,  in  some  such  news- 
jiaper  published  in  some  other  county  in  the  state.  If  satisfactory 
bids  are  received,  the  bonds  offered  for  sale  must  be  awarded  to  the 
highest  bidder.  If  no  bids  are  received,  or  the  board  determines  that 
the  bids  received  are  not  satisfactory  as  to  price  or  responsibility  of 
the  bidders,  the  board  may  reject  all  bids  received,  if  any,  and  either 
readvertise  or  sell  said  bonds  at  private  sale.  [Amendment  approved 
June  1,  1913;  Stats.  1913,  p.  359.] 

Bonds  for  school  buildings. 

§  1749.  In  counties  where  a  county  high  school  district  has  been 
established  under  the  provisions  of  this  article,  the  board  of  trustees 
thereof  may,  when  in  their  judgment  it  is  advisable,  and  must,  upon  a 
petition  of  a  majority  of  the  qualified  electors  of  said  district,  call  an 
election,  and  submit  to  the  electors  of  said  district  the  question  whether 
the  bonds  of  such  district  shall  be  issued  and  sold  for  the  purpose  of 
raising  money  for  purchasing  high  school  lots,  for  building  or  purchas- 
ing one  or  more  high  school  buildings,  or  making  alterations  or  ad- 
ditions to  high  school  buildings,  for  repairing,  restoring  or  rebuilding 
any  high  school  building  damaged,  injured  or  destroyed  by  fire  or  other 
public  calamity,  for  insuring  high  school  buildings,  for  supplying  high 
school  buildings  with  furniture  and  necessary  apparatus,  for  improv- 
ing the  grounds,  or  for  any  or  all  of  said  purposes.  The  conduct  of 
said  election  and  the  issue,  sale  and  paATiient  of  said  bonds  and  the  levy 
and    collection    of    taxes    for    the    payment    of    principal    and    interest 


§  1750  POLITICAL  CODE.  444 

thereon,  shall  be  in  the  manner  prescribed  for  the  issuance  of  bonds  of 
other  high  school  districts.  In  case  the  qualified  electors  of  any  county 
deem  it  expedient  to  establish  and  maintain  more  than  one  county  high 
school,  then  such  additional  school  or  schools  may  be  established  and 
maintained  in  the  manner  prescribed  in  this  article  for  establishing  and 
maintaining  a  county  high  school.  [Amendment  approved  April  21, 
1913;  Stats.  1913,  p.  42.] 

Course  of  study  in  high  schools.     Text-books.    Post-graduate  courses. 

§  1750.  The  course  of  study  for  every  high  school  shall  be  prepared 
by,  or  under  the  direction  of,  the  high  school  board  or  trustees  having 
control  thereof,  and  except  in  incorporated  cities  and  towns  having 
boards  of  education,  shall  be  subject  to  the  approval  of  the  county  board 
of  education.  Said  course  of  study  shall  embrace  a  period  of  not  less 
than  four  years,  and  for  every  high  school  there  shall  be  prescribed  at 
least  one  course  of  study  that  will  prepare  graduates  therein  for  admis- 
sion into  the  State  University;  and  every  high  school  course  may  include 
training  in  athletics  and  military  drill  and  tactics,  for  which  may  be 
given  credit  as  a  part  of  said  high  school  work,  and  instruction  therein 
shall  be  given  at  such  times  and  in  such  manner  as  said  high  school 
board  shall  determine.  The  high  school  board  or  trustees  may  prescribe 
an  additional  course  or  additional  courses  of  study  subject  to  approval 
as  herein  jirovided,  including  instruction  in  manual  training,  domestic 
science  and  art,  agriculture,  horticulture  and  dairying  to  be  duly  credited 
as  a  part  of  such  high  school  work.  The  high  school  board  of  each  dis- 
trict, which  has  not  already  done  so,  sliall  adopt  a  list  of  text-books 
for  use  in  such  high  school  district  of  text-books  prescribed  by  the  state 
board  of  education,  and  the  clerks  or  set-rotary  of  said  board  shall  cer- 
tify to  the  superintendent  of  schools  having  jurisdiction  over  such  high 
school,  a  list  of  all  text-books  so  adopted  or  previously  adopted  by  order 
of  said  board  or  then  in  use  in  said  high  school;  and  no  change  shall 
thereafter  be  made  in  said  list  of  books  for  the  term  of  four  years  after 
adoption;  provided,  that  the  high  school  board  may,  at  a  regular  meet- 
ing, adopt  for  a  period  of  not  less  than  four  years  such  additional  or 
otiier  text-books  as  they  may  deem  best,  but  the  same  shall  not  be 
changed  for  four  years.  The  order  of  adoption  shall  be  entered  upon 
the  minutes  of  the  board,  and  a  certified  copy  thereof  shall  be  at  once 
transmitted  by  the  clerk  or  secretary  of  the  high  school  board  or  trus- 
tees to  the  superintendent  of  schools  having  jurisdiction  over  such  high 
school.  The  said  board  shall  enter  into  a  written  contract  with  the 
])uldisher  of  the  text-books  so  adopted  for  their  use  or  purchase,  during 
such  period.  The  high  school  board  of  any  high  school  district,  or 
trustees  of  any  county  high  school,  may  prescribe  post-graduate  courses 
of  study  for  the  graduates  of  such  high  school,  or  other  high  schools, 
which  courses  of  study  shall  ai)proximate  the  studies  prescribed  in  the 
first  two  years  of  university  courses.  The  high  school  board  of  any  high 
school  district,  or  trustee  of  any  high  school  wherein  such  post-graduate 


445  POLITICAL  CODE.  §§  1751-1755 

courses  of  study  are  taught,  may  eliarge  tuition  for  pupils  living  with- 
out the  boundaries  of  the  district  or  county  wherein  such  courses  are 
taught.     [Amendment  approved  May  1,  1911;  Stats.  1911,  p.  1259.] 

Admission  of  pupils  to  high  schools. 

§  1751.  Any  graduate  of  the  elementary  schools  of  this  state  and 
any  other  person  who  furnishes  to  the  principal  of  the  high  school  he 
desires  to  attend,  and  to  the  superintendent  having  jurisdiction  over 
such  high  school,  satisfactory  evidence  of  his  fitness  for  high  school 
work,  may  attend  any  high  school  in  this  state;  provided,  that  any  per- 
son residing  in  a  high  school  district  may  attend  the  high  school  in 
another  high  school  district  only  upon  such  terms  as  may  be  agreed  upon 
by  the  high  school  board  of  the  two  districts,  or  if  such  boards  fail  to 
agree,  on  such  terms  as  the  superintendent  of  sehoole  having  jurisdiction 
by  the  provisions  of  this  article  over  the  high  school  he  desires  to 
attend  may  prescribe;  and  provided,  further,  that  any  person  not  resid- 
ing in  a  high  school  district  or  residing  in  a  place  which  is  subject  to 
a  county  tax  for  the  support  of  a  county  high  school,  or  county  high 
schools,  and  desiring  to  attend  a  high  school  in  a  high  school  district 
situate  entirely  outside  the  county  in  which  such  person  resides  may 
attend  such  high  school  only  upon  siich  terms  as  may  be  agreed  upon 
by  the  high  school  board  of  the  high  school  which  he  desires  to  attend 
and  the  superintendent  of  schools  of  the  county  in  which  he  resides, 
or  if  they  fail  to  agree  on  such  terms  as  the  superintendent  of  schools 
having  jurisdiction  by  the  provision  of  this  article  over  the  high  school 
he  desires  to  attend  may  prescribe.  When  terms  have  been  made  and 
agreed  upon  as  provided  for  in  this  section,  the  superintendent  of  schools 
of  the  county  in  which  such  person  resides  is  authorized  and  empowered 
to  apportion  and  cause  to  be  paid  over  to  the  high  school  which  such 
person  desires  to  attend  such  portion  of  the  high  school  tuition  fund  of 
his  county  provided  for  by  sections  1758  and  1759  of  this  code  or  such 
portion  of  the  fund  provided  for  the  support  of  a  county  high  school  or 
county  high  schools  as  provided  in  sections  1756  and  1757  of  this  code, 
as  may  be  equitable  and  as  may  be  agreed  to  by  the  high  school  board 
of  the  high  school  such  person  desires  to  attend.  [Amendment  ap- 
proved April  26.  1911;  Stats.  1911,  p.  1137.] 
Citations.      Cal.   164/404. 

Estimate  of  cost  of  high  school  building.  Filing  of  estimate.  Limit  on 
tax. 
§  1755.  It  shall  be  the  duty  of  every  high  school  board  to  make  and 
file  with  the  board  of  supervisors  of  each  county  in  which  any  part  of. 
their  high  school  district  is  situated,  on  or  before  the  first  Monday  of 
September  next  succeeding  the  formation  of  said  district,  an  estimate 
of  the  cost  of  purchasing  a  suitable  lot,  of  procuring  plans  and  specifi- 
cations and  erecting  a  suitable  building,  of  supplying  the  same  with 
furniture    and    necessary    apparatus,    and    of    fencing    and    ornamenting 


§  1756  POLITICAL   CODE.  446 

the  grounds,  for  the  accommodation  of  the  school,  unless  such  high 
school  board  shall  have  secured  or  leased  temporary  quarters  for  the 
use  of  such  high  school,  as  provided  in  section  1741,  or  unless  bonds 
shall  have  been  voted  for  said  purposes.  If  such  high  school  board  shall 
have  secured  or  leased  such  temporary  quarters,  they  shall,  on  or  be- 
fore the  first  Monday  of  September  next  before  the  termination  of  such 
lease  or  arrangement,  either  make  another  arrangement  for  temporary 
quarters,  as  provided  in  section  1741,  or  make  and  file  with  the  board, 
or  boards  of  supervisors  aforesaid,  an  estimate  of  the  cost  of  purchasing 
a  suitable  lot,  of  procuring  plans  and  specifications,  and  of  erecting 
a  suitable  building,  of  supplying  the  same  with  furniture  and  necessary 
ap[)ar;itus,  and  of  fencing  and  ornamenting  the  grounds  for  the  ac- 
commodation of  the  school,  or  for  making  additions  or  improvements 
to  such  buildings  wjaen  once  erected,  or  for  buying  new  or  additional 
furniture,  or  for  the  purchase  of  additional  school  grounds,  or  for  pro- 
viding any  other  school  facilities,  unless  bonds  shall  have  been  voted 
for  said  purposes.  Every  county  board  of  education,  acting  as  trustees 
of  a  county  high  school,  shall  make  and  file  with  the  board  of  super- 
visors of  their  county  the  estimates  required  by  this  section.  Should 
the  trustees  of  any  county  high  school,  or  the  high  school  board  of  any 
high  school  district,  fail  to  make  the  estimate  provided  for  in  this 
section,  it  shall  be  the  duty  of  the  superintendent  of  schools  of  such 
county,  or  having  jurisdiction  over  such  high  school  district,  to  make 
and  file  such  estimate  on  or  before  the  second  Monday  of  September; 
provided,  the  total  tax  for  high  scliool  purposes  shall  not  exceed  seventy- 
five  cents  on  each  one  hundred  dollars  assessed  valuation,  exclusive  of 
bond  and  interest  rate.  [Amendment  ai>proved  May  19,  1913;  Stats. 
1913,  p.  209.] 

Estimate  for  maintaining  high  school.     Pupils  outside  of  district. 

§  1756.  It  shall  be  the  duty  of  every  high  school  board  to  make  and 
file  with  the  board  of  supervisors  of  each  county  in  which  any  part  of 
their  high  school  district  is  situated,  on  or  before  the  first  Monday  of 
September  of  each  year,  an  estimate  of  the  amount  of  money  required 
for  maintaining  the  high  school  for  the  current  school  year,  including 
rent  or  construction  of  temporary  quarters,  if  any,  or  additions  to 
plants  already  constructed.  The  first  such  estimate  after  the  forma- 
tion of  such  district  shall  also,  if  temporary  quarters  have  been  secured 
for  the  high  school,  include  the  amount  of  money  required  to  provide 
the  necessary  furniture  and  apparatus  for  such  temporary  quarters. 
Every  couhty  board  of  education  acting  as  trustees  of  a  county  high 
school  shall  annually  make  and  file  with  the  board  of  supervisors  of 
their  county  the  estimate  required  by  this  section,  and  an  estimate  of 
the  amount  needed  for  the  current  year  to  pay  for  the  education  of  all 
high  school  pupils  residing  in  such  county  outside  of  a  high  school  dis- 
trict and  attending  a  high  school  in  another  county,  such  estimate  to  be 
based  upon  the  report  of  the  superintendent  of  schools  of  such  adjoining 


447  POLITICAL    CODE.  §  1758 

county  provided  for  by  section  1758  of  this  code.  Should  the  trustees  of 
any  county  high  school,  or  the  high  school  board  of  any  high  school  distri&t 
fail  to  make  the  estimate  provided  for  by  this  section,  it  shall  be  the 
duty  of  the  superintendent  of  schools  of  the  county,  or  having  juris- 
diction over  such  high  school  district,  to  make  and  file  such  estimate  on 
or  before  the  second  Monday  of  September.  [Amendment  approved 
May  19,  1913;  Stats.  1913,  p.  210.] 

Also  amended   April   26,   1911    (Stats.   1911,   p.    1137). 

Tax  for  tuition  of  nonresident  pupils.     Net  cost. 

§  1758.  For  the  jiuriiose  of  defraying  the  cost  of  educating  high 
school  pupils  residing  iji  any  county  and  not  in  any  high  school  district, 
a  special  tax  shall  be  annually  levied  by  the  board  of  supervisors  of 
each  county  in  which  there  is  nfl  county  high  school  upon  all  property 
in  the  county  not  situated  in  any  high  school  district,  in  the  manner 
hereinafter  provided.  Every  superintendent  of  schools  to  whom  any 
report  is  made  under  section  1743,  shall  verify  each  such  report  as  to 
the  new  pupils  therein  mentioned  as  attending  high  school  and  residing 
in  his  county  but  not  in  any  high  school  district,  and  shall  compile 
a  report  showing  the  total  number  of  such  high  school  pupils  residing 
in  his  county  outside  of  any  high  school  district,  the  net  cost  of  edu- 
cating each  of  such  pupils,  the  total  net  cost  for  all  of  such  pupils, 
and  the  total  net  cost  to  each  high  school  district  for  all  of  such  pupils 
attending  therein;  to  be  determined  as  hereinafter  provided.  The  net 
cost  in  any  year  of  educating  a  new  pupil  attending  a  high  school  and 
not  residing  in  any  high  school  district  shall  be  the  excess,  if  any,  of 
the  total  cost  for  such  year,  of  educating  each  high  school  pupil  of  the 
district  maintaining  such  high  school  over  the  amount  per  pupil  paid 
by  the  state  to  such  high  school  district  for  that  year.  If  it  shall 
appear  to  a  superintendent  of  schools  by  the  reports  of  the  principals 
in  the  several  high  schools  of  his  county  that  pupils  living  in  an  ad- 
joining county  are  attending  high  school  in  his  county,  then  said  super- 
intendent of  schools  shall  compile  a  report  showing  the  names  of  said 
pupils,  the  county  from  which  they  came  and  the  net  cost  of  educating 
each  and  the  total  cost  of  educating  all  of  such  pupils.  Said  report 
shall  be  forwarded  by  registered  mail  to  the  superintendent  of  schools 
of  the  county  from  which  such  pupils  attend,  to  be  by  said  superin- 
tendent of  schools  to  whom  such  report  is  sent  filed  with  the  board  of 
supervisors  of  such  county  on  or  before  September  first  of  each  year. 
The  cost  of  educating  each  high  school  pupil  of  any  high  school  district 
shall  be  determined  by  dividing  the  total  amount  expended  by  the  high 
school  district  for  maintaining  school  during  any  school  year,  by  the 
average  daily  attendance  of  pupils  enrolled  in  the  high  schools  of  the 
district  during  the  same  school  year.  The  amount  paid  per  pupil  by  the 
state  to  any  high  school  district  in  any  one  year  shall  be  determined 
by  dividing' the  high  school  district's  income  from  the  state  high  school 
fund  for  that  year,  by  the  average  daily  attendance  of  pupils  enrolled 


§  1759  POLITICAL   CODE.  448 

in  the  high  schools  of  the  district  for  that  year.     [Amendment  approved 
April  22,  1913;  Stats.  1913,  p.  51.] 

Also  amended  April  26,   1911    (Stats.  1911,  p.  1138),  and  May  1,   1911    (Stats. 
1911,  p.  1337). 

Levy  and  appointment. 

§  1759.  Not  later  than  the  first  Monday  in  September  of  each  year 
the  superintendent  of  schools  of  each  county  in  which  there  is  not  a 
county  high  school  shall  certify  to  the  boarc  of  supervisors  and  to  the 
county  auditor  of  such  county,  the  total  net  coet,  for  the  preceding  year, 
of  educating  all  high  school  pupils  residing  in  such  county  and  not  in 
any  high  school  district  and  the  estimated  amount  needed  for  that  pur- 
pose for  the  current  year.  The  board  of  supervisors  with  whom  such 
certificate  is  filed  must,  at  the  time  of  making  the  tax  levy  for  that  year 
for  county  purposes,  levy  a  si)ecial  ta.x  upon  ail  taxable  property  in  the 
county  not  situated  in  any  high  school  district,  sufficient  in  amount  to 
defray  the  net  cost,  for  the  current  year,  of  educating  all  high  school 
pupils  residing  in  such  county  and  not  in  any  high  school  district.  If 
it  shall  appear  by  the  report  of  the  superintendent  of  schools  that  pnpils 
residing  in  one  are  attending  high  school  in  another  county,  the  super- 
visors of  the  county  in  which  said  pupils  live  shall  levy  a  tax  as  is 
provided  by  this  section  to  pay  the  cost  of  educating  such  pupils.  If 
the  board  of  supervisors  fail  to  make  such  tax  levy  the  auditor  of  the 
county  must  make  the  same.  Said  tax  wlicn  collected  shall  be  paid  into 
the  county  treasury  and  placed  in  a  fund  to  be  known  as  the  high  school 
tuition  fund.  The  auditor  shall,  not  later  than  the  last  Monday  in 
December  and  the  last  Monday  in  May  of  each  year,  notify  the  superin- 
tendent of  schools  of  the  amount  in  such  fund,  and  the  superintendent 
of  schools  shall  thereupon  apportion  the  same  to  the  several  high  school 
districts  having  territory  in  his  county,  or  to  high  schools  in  adjoining 
counties  as  provided  above,  in  proportion  to  the  total  net  cost  to  each 
of  said  districts  of  educating  its  high  school  pupils  who  reside  in  his 
county  outside  of  any  high  school  district,  as  shown  in  his  report  for  the 
preceding  school  year  compiled  as  directed  in  section  1758,  and  certify 
such  apportionment  to  the  auditor.  The  amount  so  apportioned  to  each 
high  scliool  district  shall  be  paid  into  the  treasury  of  the  county  whose 
superintendent  of  schools  has  jurisdiction  over  such  high  school  district, 
to  the  credit  of  the  special  fund  thereof  and  shall  be  used  to  maintain 
the  high  school,  and  paid  out  in  the  same  manner  as  other  high  school 
funds. 

The  superintendent  of  schools  of  a  county  having  high  school  pupils 
attending  high  school  in  an  adjoining  county  shall  draw  his  order  on 
the  county  auditor  in  favor  of  the  superintendent  of  schools  in  which 
such  pupils  attend  school,  for  any  money  belonging  to  any  high  school 
outside  of  his  county  as  provided  in  this  section.  The  county  auditor  of 
said  county  shall  draw  his  warrant  as  directed  by  the  superintendent  of 
schools  and  the  county  treasurer  shall  pay  the  same.     A  superintendent 


449  POLITICAL  CODE.  §§  1760-1791 

of  schools  in  whose  favor  such  order  is  drawn  shall  pay  the  amount  of 
said  money  into  the  county  treasury  to  the  credit  of  the  high  school  or 
schools  educating  the  children  from  the  county  paving  such  money. 
[Amendment  approved  April  26,  1911;   Stats.  1911,  p. '1139.] 

State  high  school  fund. 

§  1760.  It  shall  be  the  duty  of  the  state  controller,  annually,  between 
tlie  tenth  day  of  August  and  the  first  day  of  September,  at  the  time  he 
is  required  to  estimate  the  amount  necessary  for  other  school  purposes, 
to  estimate  the  amount  necessary  for  the  support  of  high  schools.  This 
amount  he  shall  estimate  by  determining  the  amount  required  at  fifteen 
dollars  per  pupil  in  average  daily  attendance  in  all  the  duly  established 
high  schools  of  the  state  for  the  last  preceding  school  year,  as  certified 
to  him  by  the  state  superintendent  of  public  instruction.  The  state 
controller  and  state  treasurer  shall  each  year  transfer  from  the  revenues 
from  the  taxes  provided  in  section  14  of  article  13  of  the  constitution  of 
the  state  of  California,  together  with  all  other  state  revenues,  to  a  sepa- 
rate fund,  hereby  created,  to  be  called  the  "state  high  school  fund,"  the 
amount  so  estimated  by  the  state  controller.  [Amendment  approved 
May  1,  1911;  Stats.  1911,  p.  1246.] 

§  1771. 

Citations.     CaL  163/350. 

Powers  of  boards  of  examination  for  teachers.  Applicants  for  special 
certificates.  Recommend  revocatirti  of  certificate  fo»  unprofessional 
conduct. 

§  1791.  Each  city,  or  city  and  county,  board  of  examination  has 
power: 

First — To  adopt  rules  and  regulations,  not  inconsistent  with  the  laws 
of  this  state,  for  its  ow^n  government  and  for  the  examination  of 
teachers. 

Second — To  examine  applicants,  and  to  prescribe  a  standard  of  pro- 
ficiency which  may  entitle  the  person  examined  to  receive:  (a)  A  city, 
or  city  and  county,  grammar  school  certificate,  valid  for  six  years, 
authorizing  the  holder  to  teach  any  primary  or  grammar  school  class  in 
such  city,  or  city  and  county;  (b)  a  city,  or  city  and  county,  special 
certificate,  valid  for  six  years,  authorizing  the  holder  to  teach  such 
special  subjects  in  any  school  of  the  city,  or  city  and  county,  and  in 
such  grades  as  are  designated  in  such  certificate.  Applicants  for 
special  certificates  by  examination  or  any  credentials,  or  by  both,  shall 
satisfy  the  board  of  their  special  fitness  to  teach  one  or  more  of  the 
particular  studies  for  which  special  certificates  may  be  granted;  and 
shall  satisfy  the  board  of  their  proficiency  in  English  grammar, 
orthography,  defining  and  methods  of  teaching.  No  special  certificates 
shall  be  granted  to  teach  in  anj'  school  studies  other  than  drawing, 
music,  physical  culture  and  commercial,  technical  or  industrial  work; 
29 


§§  1793-1817  POLITICAL   CODE.  450 

provided,  however,  the  board  may  grant  such  special  certificates  as  will 
authorize  the  holders  thereof  to  teach  one  or  more  of  the  languages 
taught  in  cosmopolitan  schools,  said  special  certificates  to  entitle  said 
holders  to  teach  only  in  such  cosmopolitan  schools.  Applicants  for  such 
special  certificates  shall  satisfy  the  board  of  their  special  fitness  to 
teach  such  language  or  languages,  and  their  proficiency  in  English 
grammar,  orthography,  defining  and  methods  of  teaching.  The  board 
of  examination  shall  report  the  result  of  the  examination  to  the  city, 
or  city  and  county,  board  of  education;  and  said  board  of  education 
shall  thereupon  issue  to  the  successful  applicants  the  certificates  to 
which  they  shall  be  entitled. 

Third — For  immoral  or  unprofessional  conduct,  profanity,  intem- 
perance, or  evident  unfitness  for  teaching,  to  recommend  to  the  city, 
or  city  and  county,  board  of  edvication,  the  revocation  of  any  certificates 
previously  granted  by  said  board  of  education  in  such  city,  or  city  and 
count}'.  [Amendment  approved  June  13,  1913;  Stats.  1913,  p.  792.] 
Citations.      Cal.   161/213.      App.   12/675. 

Where  holders  of  certificates  may  teach.  Dismissal.  City  superintend- 
ents. Special  certificates. 
§  1793.  (1)  The  holders  of  city,  or  city  and  county,  certificates  are 
eligible  to  teach  in  cities,  or  cities  and  counties,  in  which  such  certifi- 
cates were  granted  in  schools  or  classes  of  grades  corresponding  to  the 
grades  of  such  certificates  and  when  elected  shall  be  dismissed  only  for 
insubordination  or  other  causes,  as  mentioned  in  section  1791  of  this 
code,  duly  asc^tained  and  approved  by  the  boards  of  education  of  such 
cities,  or  cities  and  counties. 

(2)  City  superintendents  of  public  schools,  elected  by  city  boards  of 
education,  shall  be  elected  for  a  term  of  four  years,  and  said  city  boards 
of  education  shall  have  full  power  to  fix  the  salary  of  all  employees. 

(3)  The  holders  of  special  city,  or  city  and  county,  certificates  are 
eligible  to  teach  the  sj>ocial  branches  mentioned  in  their  certificates,  in 
the  grades  of  all  the  schools  in  the  city,  or  city  and  county,  in  which 
such  certificates  were  granted,  corresponding  to  the  grade  of  said 
special  certificates,  and  when  elected,  or  assigned,  shall  be  dismissed  or 
removed  only  for  insubordination  or  other  causes,  as  mentioned  in  sec- 
tion 1791  of  this  code,  duly  ascertained  and  approved  by  the  boards  of 
education  of  such  cities,  or  cities  and  counties.  [Amendment  approved 
April  18,  1911;  Stats.  1911,  p.  941.] 

Citations.      Cal.   161/213.     App.   12/675,   677. 

County  superintendent  to  estimate  school  fund  needed. 

§  1817.  The  county  superintendent  of  every  county,  and  of  every  city 
and  county,  must,  at  least  fifteen  days  before  the  first  day  of  the  month 
in  which  the  board  of  supervisors  of  such  county,  or  city  and  county, 
is  required  by  law  to  levy  the  amount  of  taxes  required  for  county,  or 
city  and  county  purposes,  to  furnish  to  the  board  of  supervisors  and  to 


451  POLITICAL   CODE.  §  1837 

the  auditor,  respectively,  an  estimate  in  writing  of  the  minimum  amount 
of  county  or  city  and  county  school  fund  needed  for  the  next  ensuing 
school  year.     This  amount  he  must  compute  as  follows: 

First. — The  county  superintendent  of  every  county  and  of  every  city 
and  county  must  ascertain  in  the  manner  provided  for  in  subdivisions 
1  and  2  of  section  1858  of  the  Political  Code,  the  total  number  of 
tenchers   for  the  county,  or  the  city  and   county. 

Second. — The  county  superintendent  of  every  county  and  of  every 
city  and  county  must  calculate  the  amount  required  to  be  raised  at  five 
hundred  and  fifty  dollars  per  teacher.  From  this  amount  he  must  de- 
<luct  the  total  amount  received  from  state  apportionments  for  the  next 
jireceding  school  year  and  the  remainder  shall  be  the  minimum  amount 
of  county,  or  city  and  county  school  fund  needed  for  the  ensuing  school 
year;  provided,  that  if  this  amount  is  less  than  sufficient  to  raise  a  sum 
equal  to  thirteen  dollars  for  each  pupil  in  average  daily  attendance  in 
the  county,  or  city  and  county,  for  the  school  year  closing  June  thirtieth 
preceding,  then  the  minimum  amount  shall  be  such  a  sum  as  will  be 
equal  to  thirteen  dollars  for  each  pupil  in  average  daily  attendance  in 
the  county,  or  city  and  county,  for  the  school  year  ending  June  thirtieth 
preceding;  but  in  no  case  shall  the  rate  of  tax  levied  for  county  or  city 
and  county  school  purposes  in  any  one  year  exceed  fifty  cents  on  each 
one  hundred  dollars  of  taxable  property  in  the  county  or  city  and 
county.      [Amendment  approved  April  14,  1911;   Stats.  1911,  p.  916.] 

Levy  of  district  tax.  Collection,  how  made.  Omission  by  board  of 
supervisors,  action  thereafter. 
§  1837.  The  board  of  supervisors  must,  at  the  time  of  levying  the 
county  taxes,  levy  a  tax  upon  all  the  taxable  property  in  the  district 
voting  such  tax,  sufficient  to  raise  the  amount  voted.  The  rate  of  tax- 
ation shall  be  ascertained  by  deducting  fifteen  per  cent  for  anticipated 
delinquencies  from  the  aggregate  assessed  value  of  the  property  in  the 
district,  as  it  appears  on  the  assessment^roll  of  the  county,  and  then 
dividing  the  sum  voted  by  the  remainder  of  such  aggregate  assessed 
value.  The  taxes  so  levied  shall  be  computed  and  entered  on  the  assess- 
ment-roll by  the  county  auditor,  and  collected  at  the  same  time  and  in 
the  same  manner  as  state  and  county  taxes;  and  when  collected  shall 
be  paid  into  the  county  treasury  for  the  use  of  the  district  in  which  the 
tax  was  voted;  provided,  that  whenever  any  election  has  been  held 
within  one  year  immediately  preceding  the  passage  of  this  act,  or  may 
hereafter  be  held,  in  a  school  district,  and  a  tax  voted  in  the  manner 
provided  by  sections  1830  to  1837,  inclusive,  of  this  code,  and  the  board 
of  supervisors  whose  duty  it  was  or  shall  be,  to  levy  said  tax.  as  in  this 
section  provided,  has  failed  or  neglected,  or  hereafter  shall  fail  or  neg- 
lect, to  levy  said  tax  so  voted,  or  any  portion  thereof,  in  and  for  the 
fiscal  year  in  which  said  tax  ought  to  have  been  levied,  then  said  board 
of  supervisors  must  levy  said  tax  so  voted,  or  such  portion  thereof  as 
has  not  been  previously  levied,  in   the   fiscal  year  next   succeeding   the 


§  1858  POLITICAL    CODE.  452 

fiscal  year  in  wliieh  said  tax  ought  to  have  been  levied.     [Amendment 
approved  December  18,  1911;  Stats.  Ex.  Sess.  1911,  p.  13.] 

Superintendent  to  apportion  school  funds. 

§  1858.  The  school  superintendent  of  everi'  county  and  city  and 
county  must  apportion  all  state  and  county  school  moneys  for  the  ele- 
mentary grades  of  his  county  or  city  and  county  as  follows: 

1.  He  must  ascertain  the  number  of  teachers  each  school  district  is 
entitled  to  by  calculating  one  teacher  for  every  district  having  thirty- 
five  or  a  less  number  of  units  of  average  daily  attendance  and  one  addi- 
tional teacher  for  each  additional  thirty-five  units  of  average  daily 
attendance,  or  fraction  of  thirty-five  not  less  than  ten  units  of  average 
daily  attendance  as  shown  by  the  annual  school  report  of  the  school 
district  for  the  next  preceding  school  year;  and  two  additional  teachers 
shall  be  allowed  to  each  district  for  every  seven  hundred  units  or  aver- 
age daily  attendance;  and  in  districts  wherein  separate  classes  are  es- 
tablished for  the  instruction  of  the  deaf,  as  provided  in  section  1618  of 
this  code,  an  additional  teacher  for  each  nine  deaf  children,  or  fraction 
of  such  number,  not  less  than  five,  actually  attending  such  classes. 

2.  He  must  ascertain  the  total  number  of  teachers  for  the  county  or 
city  and  county  by  adding  together  the  number  of  teachers  allowed  to 
the  several  districts.  He  must  make  an  annual  report  of  the  schools  of 
his  county  or  city  and  county  under  oath  t^  the  superintendent  of  public 
instruction  not  later  than  August  first  of  each  year,  and  must  report  the 
number  of  teachers  ascertained  and  allowed  to  his  county  or  city  and 
county  by  the  rule  or  provisions  of  subdivision  1  hereof. 

3.  Five  hundred  and  fifty  dollars  shall  be  apportioned  to  every  school 
district  for  every  teaeher  so  allowed  to  it;  provided,  that  to  districts 
having  over  thirty-five  or  a  multiple  of  thirty-five  units  of  average  daily 
attendance  and  a  fraction  of  less  than  ten  units  of  average  daily  attend- 
ance, forty  dollars  shall  be  apportioned  for  each  unit  of  average  daily 
attendance  in  said  fraction. 

4.  All  school  moneys  remaining  on  hand  after  apportioning  to  the 
school  districts  the  moneys  provided  for  in  subdivision  3  of  this  sec- 
tion must  be  apportioned  to  the  several  districts  in  proportion  to  the 
sverage  daily  attendance  in  each  district  during  the  next  preceding 
school  year;  provided,  that  in  any  newly  organized  school  district  where 
school  was  not  maintained  during  the  school  year  in  which  it  was  organ- 
ized the  county  superintendent  shall  require  the  teachers  and  principal 
or  principals  of  the  school  district  or  districts  from  which  the  newly 
organized  district  was  formed  to  report  to  him  as  a  part  of  their  annual 
reports,  the  names  and  attendance  record  of  all  pupils  residing  in  said 
new  district  and  attending  school  in  the  old  district  or  districts  during 
the  school  year  in  which  the  new  district  was  organizetl.  The  county 
superintendent  shall  determine  the  average  daily  attendance  and  the 
teacher  allowance  for  the  newly  organizeil  district  from  those  reports 
and   shall   deduct   from  the   old   districts   the  average   daily  attendance 


453  POLITICAL  CODE.  §§  1861-1874 

creditefl  to  the  new  district.  In  case  it  sliall  appear  that  none  of  the 
pupils  residing  in  the  newly  formed  district  attended  school  during  the 
year  in  which  said  district  was  organized,  in  the  district  or  districts 
from  which  said  district  was  organized,  then  the  superintendent  shall 
apjiortion  six  hundred  dollars  to  the  newly  organized  district  for  the 
purpose  of  maintaining  school  therein  during  the  school  year  next  suc- 
ceeding the  school  year  in  which  it  was  organized. 

D.  Units  of  average  daily  attendance  wherever  used  in  this  section 
shall  be  construed  to  be  the  quotient  arising  from  dividing  the  total 
number  of  days  of  pupils'  attendance  in  the  schools  of  the  district  by 
the  number  of  days  school  was  actually  taught  in  the  district.  A  school 
day  is  hereby  construed  and  declared  to  be  that  portion  of  the  calendar 
day  or  night  in  which  school  is  maintained  and  in  which  one-twentieth 
of  the  work  of  a  school  month  may  be  performed.  The  attendance  of 
pupils  present  less  than  one-fourth  of  any  day  shall  not  be  counted  for 
tliat  school  day  and  pupils  present  for  one-fourth  of  a  day  or  for  more 
than  one-fourth  of  a  day  shall  be  counted  as  present  for  one-fourth  of  a 
day,  one-half  of  a  day,  three-fourths  of  a  day,  or  for  a  who^e  day,  as  the 
case  may  be. 

6.  Whenever  in  any  school  year,  prior  to  the  receipt  by  the  school 
districts  of  any  county,  or  city  and  county  of  this  state,  of  their  state, 
county,  or  city  and  county,  or  special,  or  high  school  fund,  the  school 
districts  of  that  county,  or  city  and  county  shall  not  have  sufficient 
money  to  their  credit  to  pay  the  lawful  demands  against  them,  the 
county  or  city  and  county  superintendent  shall  give  the  treasurer  of  said 
county  or  city  and  county,  an  estimate  of  the  amount  of  school  money 
that  will  next  be  paid  into  the  county  or  city  and  county  treasury,  stat- 
ing the  amount  to  be  apportioned  to  each  district.  Upon  the  receipt  of 
such  estimate  it  shall  be  the  duty  of  the  treasurer  of  said  county,  or  city 
and  count}',  to  transfer  from  any  fund  not  immediately  needed  to  pay 
the  claims  against  it.  to  the  proper  school  fund  an  amount  not  to  exceed 
ninety  per  cent  of  the  amount  estimated  by  the  superintendent,  and  he 
shall  immediatel}'  notify  the  superintendent  of  the  amount  so  trans- 
ferred. The  funds  so  transferred  to  the  school  fund  shall  be  retrans- 
ferred  by  the  treasurer  to  the  fund  from  which  they  were  taken,  from 
the  first  money  paid  into  the  school  fund  after  the  transfer.  [Amend- 
ment approved  March  31.  1911;  Stats.  1911,  p.  527.] 

Citations.      Cal.   163/347,   348,   349,   352,   355;    (subd.   5)    163/350,    351,   352, 

356,  360. 

§  1861. 

Citations.      Cal.   163/359, 

Rules  goveraing  adoption  of  text-books. 

§  1874.     [Repealed  June  6,  1913;  Stats.  1913,  p.  666.] 
Citations.      Cal.   163/353. 


§§  1874a-1886  political  code.  454 

Text-book   committee,  secretary  to.     Appointment,  term,  salary. 

§  1874a.      [Repealed  June  6,  1913;   Stats.    1913,  p.  60(3.] 

School  trustee  not  to  be  interested  in  contract. 

§  1876.  2s"o  school  trustee  or  member  of  anj-  board  of  education  must 
be  interested  in  any  contract  made  by  the  board  of  which  he  is  a  mem- 
ber; and  any  contract  made  in  violation  of  this  provision  is  void; 
provided,  that  in  school  districts  entitled  to  not  more  than  two  teachers 
on  average  daily  attendance  as  shown  by  the  teacher's  report  for  the 
previous  school  year,  a  member  of  the  board  of  trustees  may  receive  a 
reasonable  compensation  from  the  district  for  necessary  work  and  labor 
performed  by  him  for  the  district  in  repairing  the  schoolhouse,  fences 
and  other  property  belonging  to  the  district  or  in  furnishing  wood  or 
other  necessary  supplies,  but  in  all  such  cases  the  requisition  drawn  in 
his  favor  in  paj'ment  of  services  or  supplies  must  be  signed  by  the 
other  two  trustees  before  it  shall  be  subject  to  api)roval  by  the  super- 
intendent of  schools.  [Amendment  approved  April  25,  1913;  Stats.  1913, 
p.  94.] 

Kates  of  interest.  Validity  of  proceedings.  Validity  of  district  bonds. 
§  1886.  Said  bonds  must  not  bear  a  greater  amount  of  interest  than 
six  per  cent,  said  interest  to  be  payable  annually  or  semi-annually,  and 
said  bonds  must  be  sold  in  the  manner  prescribed  by  the  board  of  super- 
visors, but  for  not  less  than  par,  and  the  proceeds  of  the  sale  thereof, 
together  with  any  premium  which  may  be  received  from  the  sale  of 
said  bonds  must  be  deposited  in  the  county  treasury  to  the  credit  of  the 
building  fund  of  said  school  district,  and  be  drawn  out  for  the  purposes 
aforesaid  as  other  school  moneys  are  drawn  out.  All  the  proceedings  of 
every  school  district  and  of  every  board  of  trustees,  board  of  education, 
board  of  supervisors,  and  of  all  officers  of  school  districts  and  counties, 
purporting  to  have  been  taken  uuder  or  by  authority  of  sections  1S80 
to  1SS8,  inclusive,  of  the  Political  Code,  shall  be  valid  in  the  same 
manner  and  to  the  same  extent  as  if  sections  1880  and  18S4  of  said 
code,  at  the  time  when  such  proceedings  were  taken,  in  express  language 
empowered  the  governing  body  of  all  school  districts,  by  whatever  name 
such  governing  body  should  be  known,  to  call  elections  for  the  purposes 
set  forth  in  said  section  18S0,  and  to  receive  and  canvass  returns,  to 
cause  a  minute  entry  of  the  result  of  elections,  and  to  certify  proceed- 
ings to  the  board  of  supervisors,  aS  provided  by  said  section  1884.  And 
all  bonds  of  school  districts  purporting  to  have  been  iesued  under  or 
bv  virtue  of  auv  or  all  of  the  following  sections,  to  wit:  sections  1S80, 
1881,  1882,  1883"  1884,  1885,  1886.  1SS7,  1888  of  the  Political  Code,  shall 
be  valid  in  the  same  manner  and  to  the  same  extent  as  if  said  sec- 
tions used  the  words  "board  of  education,  board  of  trustees,  or  other 
governing  body,"  in  place  of  the  words  "board  of  trustees,"  whenever 
the  words  "board  of  trustees"  ociur  in  said  sections.  [Amendment  ap- 
proved May  20,  1913;  Stats.   1913,  p.  233.] 


455  POLITICAL  CODE.  §§  1890-1897 

§  1890. 

Citations.      Cal.    161/404. 

Assessor  to  make  roll  of  citizens  subject  to  military  duty.  Age  of 
citizen.  Principals  of  colleges  to  furnish  lists. 
§  1897.  The  county  assessor  of  each  county,  and  the  assessor  of  each 
city  and  county  of  this  state,  must  at  the  time  in  each  odd-numbered 
3'ear  when  he  prepares  a  roll  containing  the  taxable  inhabitants  of  his 
county  or  city  and  county,  enroll  all  the  inhabitants  thereof  subject  to 
military  duty,  two  copies  of  which  roll  must  be  sworn  to  by  him  and 
delivered  to  the  clerk  of  the  board  of  supervisors  at  the  same  time  the 
said  assessor  delivers  the  assessment-roll.  For  the  purpose  of  facili- 
tating the  making  of  the  military-roll  by  the  assessor,  as  provided  in 
this  chapter,  it  shall  be  the  duty  of  the  county  clerk  or  officer  authorized 
to  make  a  register  of  voters  in  each  county,  to  require  a  statement  of 
every  male  voter  at  the  time  he  applies  for  registration,  as  to  whether 
or  not  such  voter  is  subject  to  and  qualified  for  military  duty,  and  such 
statement  shall  be  entered  on  the  voter's  affidavit  of  registration.  The 
said  assessor  shall  examine  the  aforesaid  affidavits  of  registration  and 
make  a  list  therefrom  of  all  persons  eligible  for  military  duty.  The 
said  assessor  when  making  the  annual  assessments  of  property  shall  in- 
scribe on  each  statement  of  property  the  age  of  the  male  citizen  making 
the  statement,  if  such  citizen  is  between  the  ages  of  eighteen  and  forty- 
five  years  and  is  subject  to  military  duty,  and  shall  make  a  list  thereof. 
If  unable  to  ascertain  the  age  upon  inquiry  from  the  person  making 
such  statement,  the  assessor  shall  estimate  such  person's  age.  The 
assessor  shall  also  ascertain  from  each  male  citizen  purchasing  a  poll 
tax  receipt,  his  age  and  if  such  citizen  is  subject  to  military  duty,  enter 
the  same  in  the  receipt-book  stub  and  make  a  list  thereof,  and  if  such 
citizen  refuses  to  state  his  age,  the  assessor  shall  estimate  the  same 
and  keep  a  record  thereof  as  so  estimated,  if  of  military  age.  The 
principal  of  each  university,  college,  academy,  high  school,  or  other  in- 
stitution of  learning  in  this  state,  shall  on  or  before  the  first  day  of 
June  of  each  year,  send  to  the  assessor  of  the  county,  or  city  and 
county  in  which  such  institution  of  learning  is  situated,  a  list  duly 
verified  by  such  principal,  containing  the  names  and  ages  of  all  male 
pupils  attending  such  university,  college,  academy,  high  school  or  other 
institution  of  learning,  subject  to  military  duty,  under  the  provisions  of 
section  1895  of  this  chapter.  The  said  assessor,  after  comparing  the 
lists  thus  furnished  him  by  the  principals  of  said  institutions  of  learn- 
ing and  the  lists  compiled  by  him  from  assessment  statements  and 
from  poll  tax  receipt-book  stubs,  with  the  list  of  registered  voters  from 
the  office  of  the  county  clerk  or  other  person  authorized  to  register 
voters  subject  to  military  duty,  to  avoid  duplication  of  names,  shall 
consolidate  said  lists  and  add  thereto  the  names  of  any  other  persons 
subject  to  military  duty  about  whose  qualifications  therefor  he  may  be 
reliably  informed.     This   consolidated   list   shall   constitute   the   military- 


§§  1898-1906  POLITICAL  CODE.  456 

roll  for  such  county  or  city  and  county.     [Amendment  approved  June 
11,  1913;  Stats.  1913,  p.  710.] 

Liability  of  assessor,  etc.,  failing  to  perform  duty. 

§  1898.  If  any  county  or  city  and  county  assessor  neglects  or  re- 
fuses to  perform  any  of  the  duties  require<l  of  him  by  the  provisions 
of  this  chapter,  he  is  subject  to  the  same  liabilities  as  are  provided  by 
law  for  a  neglect  or  refusal  to  perform  any  of  the  duties  required  of 
him  in  the  assessment  of  taxes,  and  in  addition,  forfeits  not  less  than 
three  hundred  nor  more  than  one  thousand  dollars,  to  be  sued  for  in 
the  name  of  the  people  of  the  state,  by  the  district  attorney  for  the 
respective  counties  or  city  and  counties  and  when  recovered  to  be  paid 
into  the  military  fund  of  the  state.  The  principal  of  each  university, 
college,  academy',  high  school  or  other  institution  of  learning,  who  shall 
neglect  or  refuse  to  perform  any  of  the  duties  required  of  him  by  the 
provisions  of  this  chapter,  shall  be  deemed  guilty  of  a  misdemeanor. 
[Amendment  approved  June  11,  1913;  Stats.  1913,  p.  711.] 

Copy  of  roll  to  adjutant  generaL 

§  1900.  The  clerk  of  the  board  of  supervisors  must  deliver  to  the 
adjutant-general  of  the  state  of  California,  a  copy  of  the  consolidate*! 
roll  required  by  section  1897  of  this  chapter,  certified  by  him  within 
ten  days  after  the  board  of  equalization  has  completed  its  corrections. 
[Amendment  approved  June  11,  1913;  Stats.  1913,  j).  711.] 

Compensation  for  making  roll. 

§  1901.  The  compensation  of  the  principal  of  any  institution  of 
learning  for  furnishing  the  list  required  of  him  shall  be  three  cents  for 
each  name  furnished,  and  the  compensation  of  the  assessor  shall  be  five 
cents  for  each  name  appearing  on  the  consolidated  military-roll  of  his 
county  so  made  by  him.  The  said  sums  to  be  charges  agaiust  the  county 
and  to  be  collected  as  other  claims  against  the  countv  are  collected. 
[Amendment  approved  June  11,  1913;  Stats.  1913,  p.  711."] 

Adjutant  general  to  make  muster-roll. 

§  19Q2.  Tlie  adjutant  general  must,  during  each  odd-numbered  year, 
make  by  consolidation  or  otherwise,  a  muster  roll,  from  the  military- 
rolls  received  by  him,  which  roll  shall  be  signed  by  him  and  filed  in  his 
office.  Said  muster-roll  shall  show  the  number  of  persons  within  the 
state  of  California  subject  to  military  duty  and  shall,  together  with 
the  rolls  received  by  him,  constitute  the  military-roll  for  this  state, 
until  the  making  of  a  new  roll  for  the  next  odd-numbered  year,  unless 
during  said  time  the  governor  shall  deem  it  necessary  to  make  a  special 
eniollment  as  provided  in  section  1903  of  this  chapter.  [Amendment 
approved  June  11,  1913;  Stats.  1913,  p.  711.] 

Classes  of  militia. 

§  1906.  The  militia  of  the  state  shall  be  divided  into  two  classes: 
1.  The  organized  militia.     2.  The  reserve  militia.     The  organized  militia 


i57  POLITICAL  CODE.  §§  1908-1925 

shall  comprise  all  of  the  officers  and  men  of  the  regularly  enlisted,  com- 
missioned, organized  and  uniformed  active  military  and  naval  forces  of 
the  state,  and  they  shall  be  known  as  the  national  guard  of  California. 
The  militia  reserve  shall  comprise  all  who  are  subject  to  military  duty 
and  are  not  within  the  organized  militia.  [Amendment  approved  June 
16,  1913;  Stats.  1913,  p.  1105.] 

Staff  of  commander-in-chief. 

§  1208.  The  staff  of  the  commander-in-chief  shall  consist  of  the 
chiefs  of  the  several  staff  corps  and  departments  of  the  national  guard, 
and  the  colonel  of  the  adjutant  general's  department  of  the  national 
guard,  and  may  include  the  following  personal  aids-de-camp:  five  aids- 
docam[i  who  the  commander-in-chief  may  appoint  at  discretion,  and 
who  shall  have  the  rank  of  lieutenant  colonel,  and  one  naval  aid  with 
rank  of  commander  and  such  appointment  shall  operate  as  a  commis- 
sion of  such  aids-de-camp.  The  commander-in-chief  is  also  authorized 
to  detail  from  time  to  time  as  their  services  may  be  required,  five  officers 
of  the  national  guard,  and  one  officer  of  the  naval  militia,  as  aids-de- 
camp. The  officers  so  detailed  shall  not  be  relieved  from  their  regular 
duties,  except  w-hen  actually  on  duty  with  the  commander-in-chief,  and 
such  detail  shall  terminate  upon  the  expiration  of  the  term  of  office  of 
the  governor  upon  whose  staff  they  may  be  serving,  or  at  the  pleasure 
of  the  governor.  The  detail  as  such  aid-de-camp  shall  not  affect  the 
grade  or  commission  of  any  officer  so  detailed.  [Amendment  approved 
March  9,  1911,-  Stats.  1911,  p.  326.] 

Control  of  military  department.     Duties  of  attorney  general. 
§  1923.      [Repealed  June  16,  1913;  Stats.  1913,  p.  1104.] 

Staff  departments  of  national  guard. 

§  1925.  The  national  guard  of  California  shall  consist  of  the  follow- 
ing staff  departments:  An  adjutant  general's  department,  an  inspector 
general's  department,  a  judge  advocate  general's  department,  a  quarter- 
master's corps,  a  medical  department,  a  corps  of  engineers,  an  ordnance 
department,  a  signal  corps,  and  shall  also  consist  of  the  commissioned 
officers  heretofore  or  hereafter  retired,  the  organizations  now  forming 
the  national  guard  at  this  date,  and  such  others  as  may  be  organized 
hereafter,  and  such  persons  as  are  or  may  be  enlisted  or  commissioned 
therein  and  the  officers  and  enlisted  men  of  the  naval  militia.  The  com- 
mander-in-chief shall  have  the  power  to  alter,  divide,  consolidate,  dis- 
band, or  reorganize  any  organization  or  corps  and  create  organizations 
and  corps  whenever  required  by  the  provisions  of  this  act,  or  whenever 
in  his  judgment  the  efficiency  of  the  state  forces  shall  be  thereby  in- 
creased; and  he  shall  have  the  power  and  it  shall  be  his  duty  to  change 
the  organization  of  the  state  forces  so  as  to  conform  to  any  organiza- 
tion, system  of  drill  or  instruction  now  or  hereafter  prescribed  by  the 
laws  and  regulations  of  the  United  States  for  the  organization  and 
government  of  the  militiaj  and  for  that  purpose  the  number  of  officers 


§§  1926, 1927        POLITICAL  code.  458 

and  Doncommissioncd  officers  of  any  grade  may  be  increased  or  dimin- 
ished or  the  gravies  may  be  altered  or  created  whenever  necessary  to 
procure  such  uniformity;  provided,  that  in  time  of  peace  the  total  num- 
ber of  companies,  troops,  batteries  and  divisions  of  the  naval  militia 
shall  not  exceed  eighty-four;  and  provided,  further,  that  there  shall 
not  be  more  than  twelve  divisions  of  the  naval  militia,  sixteen  com- 
pa:  IPS  of  coast  artillery,  two  companies  of  engineers,  two  companies  of 
signal  corps,  four  troops  of  cavalry,  in  addition  to  the  machine  gun 
companies,  companies  of  infantry,  ambulance  companies,  field  hospitals, 
and  batteries  of  field  artillery  that  mav  be  authorized.  [Amendment 
approved  June  16,  1913;  Stats.  191.3,  p.  110.5.] 

Also  amencled  March  9,  1911    (Stats.   1911,  p.  326). 

Rules  and  regulations. 

§  1926.  The  commander-in-chief  shall  make  such  rules  and  regula- 
tions for  the  government,  administration  and  control  of  the  departments, 
corps  and  organizations  of  the  national  guard,  not  inconsistent  with  the 
laws,  regulations  and  customs  of  the  service  of  the  United  States  army 
or  navy  so  far  as  the  same  may  be  applicable,  and  the  laws  of  this 
state,  and  as  he  may  deem  necessary  to  render  the  departments,  corps 
and  organizations  efficieat.  [Amendment  approved  June  16,  1913;  Stats. 
1913,  p.  110.1.] 

Adjutant  general's  department.     Employees. 

§  1927.  Tlii^  iidjutant  general's  department  shall  consist  of  one 
brigadier  general,  one  colonel,  to  be  known  as  the  assistant  adjutant 
general,  and  such  officers  of  the  rank  of  major,  and  not  exceeding  three 
in  niimher,  as  may  be  necessary  for  the  proper  administration  of  the 
depaitinoiit.  The  brigadier  general  shall  be  chief  of  the  department 
and  shall  be  designated  by  the  title  of  the  adjutant  general.  The 
brigadier  general  of  the  adjutant  general's  department  shall  be  ap- 
pointed by  and  hold  office  at  the  pleasure  of  the  governor,  or  until  his 
successor  is  ai)pointcd  and  qualifies;  provided,  that  the  qualifications  for 
appointment  to  the  grade  of  brigadier  general  in  the  adjutant  general's 
department  shall  be  the  same  as  is  prescribed  in  section  19.34  of  this 
code  for  a  general  officer.  The  officer  with  the  grade  of  colonel  in  the 
adjutant  general's  department  shall  he  on  duty  in  the  adjutant  general's 
office  and  his  qualifications  for  appointment  shall  be  the  same  as  is  pre- 
scribed in  this  code  for  appointment  to  the  grade  of  brigadier  general 
in  the  adjutant  general's  department.  All  officers  in  the  adjutant  gen- 
eral's departnLent  shall  be  appointed  by  the  governor  and  shall  uold 
office  at  his  pleasure  or  until  their  successors  are  appointed  and  have 
qualified,  taking  into  consideration  the  recommendation  of  the  adjutant 
general;  provided,  that  the  officers  of  the  adjutant  general's  department 
that  are  to  be  assi'^ned  to  brigades  shall  be  appointed  as  provided  for 
other  staff  officers  in  section  \9')7  of  this  code.  All  offi<Trs  appointed 
to  the  'yiado  of  major  in  the  atljutant  gen-ral's  department  shall  have 
served  not  lets  than   two  years  as  commis.-ioncd  tiffitcrs  in   the  national 


459  POLITICAL   CODE.  §  1928 

guard  of  California.  All  odicers  in  tbe  adjutant  general's  department 
other  than  the  brigadier  general  and  colonel  shall  be  designated  by  the 
title  of  adjutant  general.  There  shall  be  employed  in  the  adjutant 
general's  office  the  following  clerical  force:  one  chief  clerk,  three  clerks, 
and  one  stenographer  and  clerk.  There  shall  also  be  employed  in  the 
adjutant  general's  office  one  military  storekeeper,  and  one  assistant 
military  storekeeper  and  porter.  [Amendment  approved  June  16,  1913: 
Stats.  1913,  p.  1106.] 

Chief  of  staff.     Duties, 

§  1928.  The  chief  of  the  adjutant  general's  department  shall  be  in 
control  of  the  military  department  of  the  state,  and  subordinate  only 
to  the  commander-in-chief  in  mntters  jiertaining  to  the  said  department. 
He  shall  be  chief  of  staff.  He  shall  perform  such  duties  as  are  de- 
scribed in  this  title  and  such  other  duties  consistent  with  the  regulations 
and  customs  of  the  United  States  army  and  United  States  navy  as  ma)' 
be  prescribed  by  the  commander-in-chief.  All  the  duties  of  the  ad- 
jutant general  shall  be  performed  under  the  direction  of  the  commander- 
in-chief. 

Register  of  officers. 

1.  He  shall  keep  a  register  of  all  the  officers  of  the  militia  of  the 
state,  and  keep  in  his  ofhce  all  records  and  papers  requiring  to  be  kept 
:ind  filed  therein,  and  make  a  biennial  report  to  the  commander-in-chief 
including  a  detailed  statement  of  the  moneys  received  and  disbursed 
by  him  for  military  purposes  during  that  period,  and  the  number  and 
condition  of  the  national  guard. 

Military  laws. 

2.  He  shall,  at  the  expense  of  the  state,  when  necessary,  cause  the 
military  law,  general  regulations  of  the  state  and  articles  of  war  of  the 
United  States,  and  such  other  military  publications  as  may  be  neces- 
sary for  the  military  service,  to  be  printed,  indexed  and  bound  in  com- 
pact form  and  distributed  to  the  commissioned  officers  and  the  several 
organizations  of  the  national  guard. 

Blank  books. 

3.  He  shall  cause  to  be  prepared  and  issued  all  necessary  blank  books, 
blanks  and  notices  required  to  carry  into  full  effect  the  provisions  of 
this  title.  All  such  books  and  blanks  shall  be  and  remain  the  projjerty 
of  the  state. 

Seal. 

4.  The  seal  now  used  in  the  ofRce  of  the  adjutant  general  shall  be  the 
seal  of  his  office,  and  shall  be  delivered  by  him  to  his  successor.  All 
orders  issued  from  his  office  shall  be  authenticated  with  his  seal. 

Field  service, 

;■).  In  order  that  the  national  guard  of  the  state  may  receive  the  funds 
provided   by   congress,   it   shall   be  the   duty  of   the   adjutant   general   of 


§  1928  POLITICAL    CODE.  460 

the  state  to  prepare  and  submit  a  plan  of  proposed  field  or  camp  service 
of  instruction  for  the  ensuing  year,  with  an  estimate  of  the  funds  re- 
quired for  pay,  subsistence,  and  transportation  of  the  portion  of  the 
national  guard  participating  therein;  and  said  estimate  to  furnish  the 
details  and  to  be  made  out  in  the  form  required  by  instructions  from 
the  secretary  of  war,  or  the  secretary  of  the  navy. 

Preservation  of  property. 

6.  He  shall  make  such  regulations  pertaining  to  the  preparation  of  re- 
ports and  returns  and  to  the  care  and  preservation  of  property,  in  the 
possession  of  the  state  for  military  purposes,  whether  belonging  to  the 
state  or  to  the  United  States,  as  in  his  opinion  the  conditions  demand; 
such  regulations  to  be  operative  and  in  force  when  promulgated  in  the 
form  of  general  orders,  circulars  or  letters  of  instruction. 

Care  for  arms,  etc.     Sell  unsuitable  property.     Responsible   for  United 
States  property. 

7.  He  shall  attend  to  the  care,  preservation,  and  safekeeping  and  re- 
pairing of  the  arms,  ordnance,  accoutrements,  equipments,  and  all  other 
military  property  belonging  to  the  state  or  issued  to  the  state  by  the 
government  of  the  United  States  for  the  purpose  of  arming  and  equip- 
ping the  organized  militia.  .-Ml  military  property  of  the  state,  which, 
after  a  proper  inspection,  shall  be  found  unsuitable  for  the  use  of  the 
state  shall,  under  the  direction  of  the  commander-in-chief,  be  disposed 
of  by  tlie  adjutant  general  at  public  auction  after  suitable  advertise- 
ment for  sale,  daily  for  ten  days,  in  at  least  one  newspaper  published  in 
the  English  language  in,  the  city  or  county  where  the  sale  is  to  take 
place;  or  the  same  may  be  sold  at  private  sale  or  may  be  condemned 
and  destroyed  when  so  ordered  by  the  commander-in-chief.  He  shall 
bid  in  the  property  or  suspend  the  sale  whenever  in  his  opinion  better 
prices  may  or  should  be  obtained.  He  shall,  from  time  to  time,  render 
to  the  commander-in-chief  a  just  and  true  account  of  the  sale3  made 
by  him,  and  shall  expend  the  proceeds  of  the  same  in  the  purchase  of 
other  military  property,  as  the  commander-in-chief  may  direct.  And 
all  such  military  ]irnpiMty  belonging  to  the  state  may  be  disposed  of 
by  the  adjutant  general  without  reference  to  the  state  board  of  control. 
He  shall  be  responsible  for  all  the  arms,  ordnances,  accoutrements, 
equipments  and  other  military  property  which  may  be  issued  to  the 
state  by  the  secretary  of  war  and  secretary  of  the  navy  in  compliance 
with  the  law;  and  it  shall  thereafter  be  his  duty  to  prepare  returns 
of  such  arms  and  other  property  of  the  United  States  at  the  time 
and  in  the  manner  required  by  the  secretary  of  war  and  the  secretary 
of  the  navy.  He  shall,  upon  the  order  of  the  commander-in-chief,  turn 
in  to  the  ordnance  department  of  the  United  States  army  or  navy,  the 
rifles,  carbines,  bayonet  scabbards,  gun  slings,  belts,  and  such  other 
necessary  accoutrements  and  equipments  the  property  of  the  United 
States  and  in  the  possession  of  the  state,  which  may  be  replaced  from 
time  to  time,  by  new  arms,  equipments,  etc.,  sent  by  the  United  States 


461  POLITICAL   CODE.  §  1928 

in  substitution  therefor,  and  cause  the  same  to  be  shipped,  under  the 
instructions  from  the  secretary  of  war,  or  secretary  of  the  navy,  to  the 
designated  arsenal  or  depot  at  the  expense  of  tlie  United  States.  And 
when  the  national  guard  of  the  state  shall  be  fully  armed  and  equipped 
with  the  standard  magazine  arms,  and  the  standard  equipment  and 
accoutrement  of  the  United  States  army  and  navy,  he  shall  cause  all 
the  remaining  arms,  equipments,  etc.,  the  property  of  the  United  States, 
and  in  possession  of  the  state,  to  be  transferred  and  shipped  as  above 
directed. 

Account  of  expenses. 

8.  He  shall  keep  a  just  and  correct  account  of  all  expenses  nece'^sarily 
incurred,  including  pay  of  officers  and  enlisted  men,  subsistence  of 
militia,  transportation  of  the  militia,  and  of  all  military  property  of  the 
state,  and  such  expenses  shall  be  audited  and  paid  in  the  same  manner 
as  other  military  accounts  are  audited  and  paid. 

Issue  and  purchase  property.     To  lowest  bidder.     Inspection  of  purchases. 
In  case  of  riot,  etc, 

9.  lie  shall  issue  such  military  property  as  the  commander-in-chief 
shall  direct,  and  under  his  direction  shall  make  purchases  for  that  pur- 
pose. No  military  property  shall  be  issued  to  persons  or  organizations 
other  than  those  belonging  to  the  active  militia,  except  such  portions 
of  the  reserve  militia  as  may  be  called  out  by  the  commander-in-chief. 
Purchases  of  property  not  exceeding  five  hundred  dollars  in  value  shall 
be  made  in  such  manner  as  the  adjutant  general  shall  direct.  If  such 
purchases  shall  require  an  expenditure  of  a  sum  exceeding  five  hundred 
dollars  he  shall  publicly  advertise  for  not  less  than  ten  days  for  sealed 
proposals  for  furnishing  such  property;  such  proposals  shall  be  publicly 
opened  by  him  at  the  place,  day  and  hour  designated  in  such  advertise- 
ment; provided,  however,  that  he  may  purchase  at  any  time  any  or  all 
military  property,  equipments  and  supplies  required  by  the  military  de- 
partment of  the  state  from  the  United  States  government,  under  the 
provisions  and  regulations  of  the  war  and  navy  departments  governing 
such  purchases.  He  shall,  if  the  commander-in-chief  approve,  make 
contract  with  the  lowest  responsible  bidder  to  furnish  such  property. 
All  proposals  and  contracts  made  under  the  authority  hereby  conferred 
shall  be  filed  in  the  office  of  the  adjutant  general.  The  adjutant  gen- 
eral is  authorized  and  directed  whenever,  in  his  opinion,  it  shall  be 
to  the  interest  of  the  state,  to  require  the  party  who  shall  agree  or  con- 
tract to  furnish  such  property  to  give  bond  to  the  people  of  the  state 
in  such  sum  and  with  such  surety  as  he  shall  direct,  conditioned  for 
the  faithful  performance  of  such  agreement  or  contract.  In  case  of  de- 
fault such  bond  shall  be  prosecuted  by  the  attorney  general  and  all 
moneys  receive  therefrom  shall  be  expended  by  the  adjutant  general 
for  the  benefit  of  the  national  guard.  All  property  purchased  under 
authority  herein  granted  shall  be  inspected  by  an  inspector  or  officer 
detailed   for   the   purpose   by   the    commander-in-chief,    and   no    payment 


§§  1928a,  1928b      political  code.  462 

Bhall  be  made  therefor  until  it  shall  appear  by  the  certificate  of  such 
officer  that  such  property  is  of  the  kiml  and  quality  specifiel  in  such 
agreement  or  contract.  In  case  of  insurrection,  invasion,  tumult,  riot, 
breaches  of  the  peace,  or  imminent  danger  thereof,  the  commander-in- 
chief  may  temporarily  suspend  the  operation  of  this  paragraph  and 
direct  the  adjutant  general  to  purchase  such  military  property  or  sup- 
plies as  may  be  required  in  open  market. 

Attesting  commissions. 

10.  The  adjutant  general  shall  attest  all  commissions  issued  to  military 
officers. 

Preparation  of  returns  and  reports  required  by  United  States. 

11.  ile  shall  superintend  the  iireparatinn  of  alf  returns  and  reports 
required  by  the  United  States  from  the  state  on  military  matters. 

In  absence  of  adjutant  general. 

12.  In  the  absence  or  inability  of  the  adjutant  general  to  perform 
his  duties,  the  officer  on  duty  in  the  adjutant  general's  department  of 
the  rank  of  colonel,  shall  perform  the  duties  prescribed  for  the  ad- 
jutant general,  and  in  the  absence  or  inability  of  both  of  said  officers, 
the  chief  of  the  inspector  general's  department  shall  perform  the  said 
duties,  during  such  absence  or  inability.  The  duties  of  the  officers  of 
the  adjutant  general's  department  shall  be  such  as  prescribed  by  the 
commander-in-chief  and  shall  conform  as  closely  as  practicable  to  the 
duties  jiri'scribed  by  orders  and  regulations  of  the  war  department  for 
like  officers  in  the  United  States  army.  [.Vmeudment  approved  June  16, 
1913;   Stats.   1913,  p.   110(3.] 

Inspector  general's  department. 

§  1928a.  Tlie  inspector  general's  department  shall  consist  of  one  in- 
spector general  with  the  rank  of  colonel  and  two  inspectors  genera) 
with  the  rank  of  major.  The  duties  of  the  officers  of  the  inspectol 
general's  department  shall  be  such  as  prescribed  by  the  commander-in 
chief  and  shall  conform  as  closely  as  practicable  to  the  duties  prescribed 
by  orders  and  regulations  of  the  war  department  for  like  officers  of 
the  United  States  army.  [New  section  approved  June  16,  1913;  Stats. 
1913,  p.  1117.] 

Judge  advocate's  department. 

§  1928b.  The  judjje  advocate  general's  department  shall  consist  of 
one  judge  advocate  general  with  the  rank  of  colonel  and  two  judge 
advocates  with  the  rank  of  major.  The  duties  of  the  officers  of  the 
judge  advocate  general's  department  shall  be  such  as  prescribed  by  the 
commander-in-chief  and  shall  conform  as  closely  as  practicable  to  the 
duties  prescribed  by  orders  and  regulations  of  the  war  department  for 
like  officers  of  the  United  States  army.  [New  section  approved  June 
16,  1913;  Stats.  1013,  p.  1117.] 


463  Political  code.  §§  1928c-1930 

Ordnance  department. 

§  1928c.  The  ordnance  department  shall  consist  of  a  chief  of  ordnance 
(who  shall  be  the  adjutant  general),  and  of  such  officers  and  enlisted 
men  as  are  necessary  for  the  organization  of  such  a  department.  [New 
section  approved  June  16,  1913;  Stats.  1913,  p.  1117.] 

Quartermaster's  corps. 

§  1928d.  The  quartermaster's  corps  shall  consist  of  the  quartermaster 
general  (who  shall  be  the  adjutant  general)  and  of  such  officers,  en- 
listed men  and  civilian  employees  as  are  deemed  necessary  by  the 
commander-in-chief,  in  organizing  the  said  corps  under  the  provisions 
of  section  1925  of  this  title,  and  such  officers  and  enlisted  men  shall 
have  the  same  titles  as  those  of  corresponding  grades  in  the  United 
States  army  and  shall  be  of  the  same  grades  and  numbers  as  nearly 
as  practicable  as  are  authorized  or  prescribed  by  the  laws  and  regula- 
tions of  the  United  States  for  the  corresponding  corps  of  the  United 
States  army,  or  as  authorized  or  prescribed  by  the  said  laws  and  regula- 
tions of  the  war  department  for  the  organized  militia.  The  enlistments 
in  the  quartermaster's  corps  and  the  appointments  of  noncommissioned 
officers  and  the  employment  of  civilian  employees  therein  shall  be  as 
prescribed  by  the  commander-in-chief.  The  duties  of  the  officers,  the 
enlisted  and  civilian  personnel  of  the  quartermaster's  corps  shall  be 
such  as  prescribed  by  the  commander-in-chief  and  shall  conform  as- 
closely  as  practicable  to  the  duties  prescribed  by  orders  and  regulations 
of  the  war  department  for  a  like  corps  of  the  United  States  army.  [New 
section  approved  June  16,  1913;  Stats.  1913,  p.  1117.] 

Medical  department. 

§  1929.  The  medical  department  of  the  rational  guard  of  California 
shall  consist  of:  a  medical  corps,  a  hospital  corps,  the  medical  depart- 
ment of  the  naval  militia,  a  surgeon  general  of  the  rank  of  colonel,  who 
shall  have  charge  of  the  department,  except  that  portion  of  it  pertain- 
ing to  the  naval  militia,  a  chief  surgeon,  of  the  rank  of  major,  who 
shall  have  immediate  and  active  supervision  of  the  sanitary  troops 
of  the  national  guard,  the  officers  necessary  for  the  staff  departments 
and  such  officers  and  enlisted  men  as  are  necessary  for  the  organization 
of  such  sanitary  units  as  are  deemed  necessar}'  in  organizing  this  de- 
partment under  the  provisions  of  this  title.  When  deemed  necessary 
by  the  commander-in-chief,  a  medical  reserve  corps,  a  female  nurse 
corps,  or  a  dental  corps,  or  all  three,  mav  be  provided.  [Amendment 
approved  June  16,  1913;  Stats.  1913,  p.  1109.] 

Corps  of  engineers. 

§  1930.  The  corps  of  engineers  shall  consist  of  one  chief  of  engineers 
of  the  rank  of  major,  the  officers  necessary  for  the  staff  departments 
and  of  such  officers  and  enlisted  men  as  are  necessary  for  the  organiza- 
tion of  such  companies  of  engineers  as  may  be  authorized  or  required 
as  the  proper  complement  for  the  national  guard,  corresponding  as  nearly 


bS 


lDol-1933  POLITICAL    CODE.  -Itii 


as  practicable  to  like  organizations  of  the  United  States  army,  in  num- 
ber, ranks  and  grades  of  officers  and  enlisted  men.  [Amendment  ap- 
proved June  16,  1913;  Stats.  1913,  p.  1110.] 

Signal  corps. 

§  1931.  The  signal  corps  shall  consist  of  a  chief  signal  officer  of  thc- 
rank  of  major,  the  officers  necessary  for  the  staff  department  and  of 
such  officers  and  enlisted  men  as  are  necessary  for  the  organization  of 
signal  companies,  such  officers  and  enlisted  men  to  be  of  the  number, 
grades  and  ranks  as  obtain  in  similar  organizations  of  the  United  Slates 
army.     [Amendment  approved  June  16,  1913;  Stats.  1913,  p.  1110.] 

Coast  artillery. 

§  1932.  The  coast  artillery  shall  be  organized  as  a  corps  and  shall 
consist  of  such  number  of  companies  as  may  be  authorized,  a  chief  of 
coast  artillery  with  the  rank  of  colonel,  one  lieutenant  colonel,  one 
major  to  every  four  companies,  one  extra  captain,  one  extra  first  lieuten- 
ant, and  one  extra  second  lieutenant  to  every  four  companies;  one 
sergeant  major,  senior  grade,  two  master  electricians,  and  not  to  exceed 
the  ratio  of  one  electrician  sergeant  (first  or  second  class),  one  en- 
gineer and  one  fireman  to  each  company,  and  one  master  gunner  and 
one  sergeant  major,  junior  grade,  to  each  four  companies.  There  shall 
be  for  each  company  of  coast  artillery,  one  captain,  one  first  lieutenant, 
one  second  lieutenant,  and  such  number  of  noncommissioned  officers  and 
privates  of  coast  artillery  as  obtain  in  a  company  of  the  coast  artillery 
corps  of  the  United  States  army.  The  chief  of  coast  artillery  shall  bear 
as  nearly  as  practicable  the  same  relation  to  the  coast  artillery  corps 
of  the  state  as  the  chief  of  coast  artillery  of  the  United  States  army 
bears  to  the  coast  artillery  corps  of  the  United  States  army  and  he 
shall  also  perform  all  the  functions  and  have  all  the  authority  of  an 
artillcrv  district  commander  of  the  United  States  army.  [Ameudnieuc 
approved  June  16,  19i;'.;  Stats.  1913,  p.  1110.] 

Also  amended  March  9,   1911    (Stats.   1911,  p.  327). 

Field  artillery. 

§  1932V'2-  The  field  artillerj"  shall  be  organized  into  batteries,  bat- 
talions, separate  battalions  and  regiments,  conforming  as  nearly  as 
practicable  to  similar  organizations  of  the  United  States  army  as  to 
numbers,  ranks  and  grades  of  commander,  officers,  staffs,  enlisted  men 
and  equipment;  provided,  that  the  commander  of  a  separate  battalion 
shall  have  on  his  staff  one  veterinarian,  who  when  in  active  service 
shall  draw  the  same  pay  as  a  veterinarian  in  the  United  States  army, 
lie  shall  be  appointed  as  staff  officers  arc  appointed.  [Amendment  ap- 
proved June  16,  1913;  Stats.  1913,  p.  1111.] 

This  section  was  added  to  the  code  March  9,  1911    (Stats.  1911.  p.  334). 

Cavalry. 

§  1933.  The  cavalry  shall  consist  of  such  number  of  troops  (not  to 
exceed  four  in  time  of  peace)  as  the  commander-in-chief  may  designate. 


465  POLITICAL  CODE.  §§  1934-1935 

The  troops  of  cavalry  shall  be  organized  into  a  squadron  at  the  discre- 
tion of  the  commander-in-chief.  Such  number  of  officers  and  enlisted 
men  of  tbe  ranks  and  grades  that  obtain  in  the  United  States  army,  for 
similar  organizations,  shall  constitute  the  organizations  of  the  cavalry 
of  the  national  guard;  provided,  however,  that  for  a  separate  squadron 
of  cavalry,  the  commanrier-in-chief  shall  appoint  one  veterinarian,  who 
shall  be  on  the  staif  of  the  squadron  commander  and  who,  when  in 
active  service,  shall  receive  the  same  pay  as  a  veterinarian  in  the 
United  States  army,  [Amendment  approved  June  16,  1913;  Stats.  1913, 
p.  1111.] 

Infantry. 

§  1931.  The  organization  of  infantry  of  the  national  guard  shall  con- 
form as  nearly  as  practicable  in  numbers  and  grades  of  commander, 
staff's,  officers  and  enlisteil  men,  to  similar  organizations  of  the  United 
States  army.  The  infantry  shall  be  organized  into  brigades,  regiments, 
battalions,  separate  battalions,  companies,  separate  companies  and  de- 
tachments, as  nearly  as  practicable  conforming  as  to  officers,  staff,  per- 
sonnel and  equipment  to  like  organizations  of  the  United  States  army. 
The  minimum  strength  of  an  infantry  company  of  the  national  guard 
in  time  of  peace  shall  be  three  officers  and  fifty-eight  enlisted  men.  In 
the  event  of  a  call  by  the  President  of  the  United  States  for  troops 
from  the  state  of  California,  sufficient  in  numbers  to  constitute  a  di- 
vision, such  troops  may  be  organized  into  a  division,  which  shall  be  com- 
manded by  a  major  general  or  by  the  senior  officer  of  the  line  present 
for  duty  with  the  division.  No  person  shall  be  commissioned  as  a  gen- 
eral officer  in  the  national  guard  of  this  state  unless  he  shall  have  at- 
tained to  the  grade  of  field  officer,  and  shall  have  had  four  years' 
previous  experience  either  as  a  commissioned  officer  in  command  of, 
or  in  service  with,  troops  of  the  line  of  this  state,  or  of  another  state, 
or  territory,  or  District  of  Columbia,  or  of  the  United  States  array  or 
marine  corps,  or  in  anv  or  all  of  said  services  combined.  [Amendment 
approved  June  16,  1913;  Stats.  1913,  p.  1111.] 

Machine  gun  company. 

§  19341/0.  One  machine  gun  company,  platoon  or  detachment  may  be 
organized  and  attached  to  each  regiment  of  infantry  or  as  otherwise 
provided  for  similar  organizations  of  the  United  States  army,  in  the 
discretion  of  the  commander-in-chief  of  the  national  guard  of  Califor- 
nia. Such  number  of  officers  and  enlisted  men  of  the  ranks  and  grades 
as  obtain  in  the  United  States  army  for  similar  organizations,  shall 
constitute  such  machine  gun  company,  platoon  or  detachment.  [Amend- 
ment approved  June  16,  1913;  Stats. 'l913,  p.  1112.] 

This  section  was  added  to  the  code  March  9,  1911   (Stats.  1911,  p.  334). 

Divisions.     Brigades. 

§  1935.     [Eepealed  June  16,  1913;  Stats.  1913,  p.  1104.] 

30 


§§  1953-1957  POLITICAL  code.  466 

Qualifications  of  ofScers.     Medical  officers.     Engineer  officers. 

§  1953.  Commissioned  officers  must  be  citizens  of  the  United  States, 
ot  the  age  of  eighteen  years  and  upward.  No  person  who  has  been 
in  the  military  or  na%-al  service  of  the  United  States,  of  this  state,  or 
of  an}'  other  state  in  the  United  States,  and  who  had  not  been  hon- 
orably discharged  therefrom,  shall  be  commissioned  in  the  national 
guard  of  California.  No  person  shall  be  commissioned  unless  he  shall 
possess  the  additional  requirements  herein  prescribed  for  the  particular 
office  to  which  he  is  to  be  commissioned.  All  medical  officers  shall 
be  regularly  graduated,  licensed,  and  practicing  physicians  or  surgeons, 
licensed  to  practice  their  profession  in  California,  or  shall  have  been 
surgeons  of  the  United  States  army  or  navy.  All  judge  advocates  of 
the  national  guard  of  California  shall  be  members  of  the  bar  of  the 
supreme  court  of  the  state  of  California.  All  engineer  officers,  except 
engineer  officers  of  the  naval  militia  of  California,  must  be  qualified 
to  design,  as  well  as  to  direct,  engineering  works.  Graduation  from  a 
school  of  engineering  of  recognized  reputation,  or  the  performance  of 
the  duties  of  a  professor  of  engineering  in  a  technical  school  of  high 
grade  shall  be  sufficient  qualifications  for  appointment  as  an  engineer 
officer  in  the  national  guard  of  California.  All  chaplains  shall  be  regu- 
larly ordained  priests  or  ministers  of  the  gospel  of  some  denomination. 
[Amendment  approved  June   16,   1913;   Stats.   1913,  p.   1112.] 

Elective  officers  of  national  guard. 

§  1956.  Field  officers  of  a  regiment,  the  coast  artillery  corps,  sepa- 
rate battalion  not  a  part  of  a  regiment,  or  squadron  shall  be  elected 
by  the  field  and  company  officers  thereof,  and  they  shall  hold  office 
for  a  term  of  four  years.  All  company  and  troop  officers  shall  be 
elected  by  the  members  of  such  organizations.  Captains  of  such  organ- 
izations shall  hold  office  for  four  years;  lieutenants  shall  hold  office 
for  four  years;  provided,  however,  that  immediately  after  this  act 
takes  effect,  the  commander  in-chief  shall  issue  to  each  officer  of  the 
national  guard,  who  is  then  in  service,  except  officers  on  the  retired 
list  and  staff  officers,  a  commission  for  the  same  grade,  or  rank,  which 
such  officer  then  holds.  The  term  of  office  of  such  officer,  as  provided 
for  in  section  1  of  this  act,  shall  commence  upon  the  issuing  of  said 
commission.  The  officers  so  commissioned  in  accordance  with  the  pro- 
visions of  this  section  shall  be  exempt  from  the  examinations  provided 
by  section  1954  of  the  Political  Code  of  California.  [Amendment  ap- 
proved April  5,  1911;  Stats.  1911,  p.  606.] 

Appointment  of  general  officers. 

§  1957.  General  officers  of  the  line  of  the  national  guard  shall  be 
appointed  by  the  commander  in-chief  by  and  with  the  advice  and  con- 
sent of  the  senate.  During  the  time  the  senate  is  not  in  session,  the 
conimander-in-ch^ef  shall  make  such  ap[Hiintments  subject  to  subsequent 
confirmation  by  the  senate.  All  such  officers  shall  hold  office  during  the 
pleasure    of    the    commander-in-chief    or    until    their    successors    are    ap- 


467  POLITICAL   CODE.  §  1958 

pointed  and  qualified.  The  chief  of  staff  departments  and  staff  corps 
and  the  extra  offioers  appointed  theiein.  and  the  pergonal  aids-dr-'-anin 
of  the  commander-in-chief  shall  be  appointed  by  the  commander-in- 
chief  and  shall  hold  office  during  his  pleasure  or  until  their  successors 
are  appointed  and  qualified.  The  officers  on  the  staff  of  a  brigade,  the 
officers  allowed  to  regiments,  battalions,  and  squadrons  for  staff  duty, 
and  chaplains,  shall  be  appointed  by  the  commander-in-chief  upon  the 
recommendation  of  their  immediate  commanding  officer,  and  shall  hold 
office  during  the  pleasure  of  their  immediate  commanding  oflieer,  or 
until  their  successors  are  appointed  and  qualified.  [Amendment  ap- 
proved June  16,  1913;  Stats.  1913,  p.  1112.] 

Election  of  officers. 

§  1958.  Two  months  previous  to  the  expiration  of  the  term  of  office 
of  any  officer,  or  upon  a  vacancy  occurring  among  the  elective  officers 
of  any  organization  attached  to  a  brigade,  the  brigade  commander  must 
order  an  election  therefor,  designate  an  officer  to  preside  thereat,  the 
time  and  place  of  holding  the  election,  and  the  office  to  be  filled,  such 
order  to  be  promulgated  at  least  ten  days  prior  to  the  date  set  for 
the  election.  The  presiding  officer  must  make  return  in  duplicate  of 
the  election  held,  to  the  commanding  general  of  the  brigade,  who  shall 
forward  one  copy  of  said  election  return  to  the  proper  examining 
board  and  shall  retain  the  other  copy  at  his  headquarters.  Upon  receiv- 
ing notice  from  the  examining  board  that  the  officer  or  officers-elect 
have  passed  a  successful  examination,  which  notice  shall  be  indorsed 
upon  the  return  of  election  sent  to  said  board,  he  shall  forward  the 
same  through  regular  military  channels  for  approval  of  the  adjutant  gen- 
eral, who  upon  finding  the  same  in  accordance  with  the  provisions  of 
law,  orders  and  regulations,  must  notify  the  commander-in-chief  thereof 
for  his  consideration,  who,  if  he  approves,  shall  issue  the  commission. 
In  all  elections  for  commissioned  officers  a  majority  of  the  votes  of 
those  present,  a  majority  of  those  entitled  to  vote  being  present,  shall  be 
necessary  to  a  choice.  Should  there  be  no  choice,  or  no  quorum  pres- 
ent, the  presiding  officer  shall  adjourn  the  meeting  to  a  time  not  to 
exceed  fifteen  days,  and  at  that  meeting  conduct  another  election; 
and,  if  such  second  meeting  result  in  no  choice,  the  commander-in-chief 
shall  be  notified  and  may  then  fill  the  vacancy  by  appointment.  If  the 
officer  elected  and  duly  notified,  does  not  appear  before  said  examining 
board  when  summoned  by  it,  he  shall  be  deemed  to  have  declined  his 
commission,  and  there  shall  be  another  election  ordered.  The  filing 
of  a  proper  certificate  of  said  board  with  the  officer  ordering  the  elec- 
tion, that  the  officer  elected  or  appointed  has  failed  to  pass  an  exam- 
ination, or  declined  to  appear  before  the  board  when  notified,  shall  be 
deemed  sufficient  for  ordering  a  new  election.  When  vacancies  occur 
at  an  election  through  the  promotion  of  any  officer,  such  vacancies  may 
then  and  there  be  filled  by  election  without  further  notice.  The  com- 
mander-in-chief will  issue  like  orders  to  fill  like  vacancies  in  unattached 
organizations.     The    officer    designated    to    preside    thereat    must    make 


§  19G3  POLITICAL    CODE.  468 

duplicate  returns  to  the  adjutant  general  and  the  commander-in  chief 
must  designate  the  board  to  examine  the  officer  or  officers  elected. 
[Amendment   approved   April   5,   1911;    Stats.    1911,   p.   606. J 

Retired  list. 

§  1963.  (1)  Any  commissioned  officer  who  has  become  disabled  from 
longer  performing  the  active  duties  of  his  office,  may,  upon  his  own 
application,  be  placed  upon  the  retired  list;  provided,  that  such  dis- 
ability shall  have  been  incurred  while  in  the  performance  of  duty. 

Examination  as  to  disability. 

(2)  If  an  officer  for  the  above  reason  desires  to  be  placed  upon  the 
retired  list,  he  shall  make  application  to  the  commander-in-chief  to  ap 
point  a  board  of  surgeons,  who  shall  e.xamine  him  as  to  his  disability, 
and  if  such  disability  has  not  been  incurred  by  reason  of  any  derelic- 
tion, they  shall,  if  they  deem  proper,  recommend  tliat  his  application 
be  granted;  and  upon  a|)proval  of  such  application  by  the  commander- 
in-chief,  the   adjutant  general   shall   issue   orders   retiring  such   officer. 

Retirement  after  eight  years'  service, 

('A)  Any  commis.sioned  officer  who  shall  have  served  as  such  in  the 
national  guard  of  this  state  for  a  period  of  eight  years,  may.  upon  his 
own  application,  be  placed  ui>on  the  retired  list  and  withdrawn  from 
active  service  and  command  with  the  rank  held  by  him  at  the  time  such 
application  is  made.  And  any  commissioned  officer  who  shall  have  at 
any  time  heretofore  served  as  such  in  the  militia  or  national  guard 
of  this  state  for  a  period  of  eight  years,  shall,  upon  his  own  applica- 
tion and  due  proof  of  such  service,  be  placed  uj>on  the  retired  list 
with  the  rank  held  by  him  at  the  time  of  the  expiration  of  his  com- 
mission. Upon  apjplication  as  above  j)rovi(led  being  duly  made  an«i| 
approved,  the  coniiiiander-inchicf  shall  cause  orders  to  be  issued  retir- 
ing the  officer  who  makes  application  therefor,  in  accordance  with  the 
provisions  of  this  section;  provideil,  however,  that  nothing  herein  con- 
tained shall  be  construed  to  permit  the  placing  upon  the  retired  list  of 
any  officer  who  shall  have  been  dishonorably  dismissed  from  the  ser- 
vice. 

Duties  of  retired  officers. 

(4)  The  officers  on  the  retired  list  shall  only  be  subject  to  detail 
for  duty  by  orders  from  the  commander  in  chief ;  and  he  shall  cause 
to  be  issued  sucli  orders  as  he  may  deem  necessary,  detailing  them 
for  duty  upon  boards  of  officers  for  military  purposes,  courts-martial, 
and  courts  of  inquiry,  and  for  such  other  military  duties  as,  in  his  judg- 
ment, may  be  advisable.  When,  however,  officers  on  the  retired  list  are 
detailed  for  active  duty  other  than  upon  boards  of  officers,  courts-mar- 
tial, and  courts  of  inquiry,  they  shall  only  be  entitled  to  pay  of  the 
rank    which    properly    belongs    to    the    olli.e,    the    duties    of    which    they 


469  POLITICAL  CODE.  §§  1966-1980 

are  detailed  to  perform.  When  the  duty  ends,  or  the  detail  is  can- 
celed, tiie  officers  shall  again  return  to  the  retired  list  with  their  former 
retired  rank.  A  roster  of  all  officers  on  the  retired  list  shall  be  kept 
in   the   adjutant   general's   office. 

May  return  to  active  service. 

(5)  Officers  on  the  retired  list  may  return  to  the  active  list  by  ap- 
pointment or  election,  and  when  such  term  of  appointment  or  election 
shall  cease,  may,  upon  application,  be  returned  to  the  retired  list  with 
the  rank  previously  held  by  them  on  said  retired  list;  provided,  how- 
ever, that  when  an  officer  has  been  taken  from  the  retired  list  by 
election  or  appointment,  and  shall  have  served  more  than  one  term 
thereafter  on  the  active  list,  he  may  be  returned  to  the  retired  list 
with   the   rank   then    held   by   him   on   the   active  list. 

Kajik   of   retired   officers. 

(6)  Officers  on  the  retired  list  shall,  on  all  occasions  of  duty,  and 
all  occasions  of  ceremony,  take  rank  aext  to  officers  of  like  rank  upon 
the  active  list.  [Amendiueut  approved  June  16,  1913j  Stats.  1913, 
p.  1113.] 

Persons  not  to  be  registered  in  different  counties  at  same  time. 
§  1966.      [Repealed    June    10,    1913;    Stats.    1913,    p.    1101.] 

Who  may  enlist.     Term.     Musicians. 

§  1980.  Any  male  who  is  a  citizen  of  the  United  States  or  has  legally 
declared  his  intention  to  become  a  citizen,  of  more  than  eighteen  and 
less  than  forty-tive  years  of  age,  able-bodied,  free  from  disease,  of 
good  character  and  temperate  habits,  may  be  enlisted  in  the  national 
guard  of  this  state,  under  the  restrictions  of  this  state,  for  a  term 
of  not  less  than  three  j'ears;  provided,  that  any  man  having  served 
one  enlistment  satisfactorily  in  the  national  guard  of  this  state,  or 
in  the  United  States  army  or  navy,  may  re-enlist  for  one,  two,  or 
three  years  at  his  option;  and  provided,  further,  that  boys  may  be 
enlisted  as  musicians  if  more  than  sixteen  years  of  age.  No  minor  shall 
be  enlisted  without  the  written  consent  of  his  parent  or  guardian.  A 
man  who  has  been  expelled  or  dishonorably  discharged  from  any  mili- 
tarj'  organization  of  the  state  or  the  United  States  shall  not  be  eligible 
for  enlistment  or  re-enlistment  unless  he  produce  the  written  consent  to 
such  enlistment  of  the  commanding  officer  of  the  organization  from  which 
he  was  expelled  or  dishonorably  discharged.  Men  who  have  been  dis- 
charged by  reason  of  disbandment  may  be  enlisted  and  shall  then  re- 
ceive credit  for  the  period  served  at  the  time  of  such  disbandment. 
Chief  musicians,  principal  musicians,  and  drum  majors,  members  of  the 
hospital  corps,  and  musicians  mav  be  enlisted  as  such.  [Amendment 
approved  March  9,   1911;   Stats.   1911,  p.  327.] 


§  1985  POLITICAL   CODE.  470 

Honorable   discharge.    Dishonorable   discharge. 

§  1985.  An  honorable  discharge  shall  be  issued  under  the  following 
circumstances:  viz.,  to  a  man  who  has  faithfully  performed  his  duties 
during  his  term  of  service  as  required  by  the  conditions  of  his  enlist- 
ment or  re-enlistment,  or  during  his  total  service,  and  who  has  been  law- 
fully relieved  of  all  responsibility  for  public  property  issued  to  him, 
and  from  all  accountability  to  his  organization.  Unless  unavoidable 
circumstances  intervene  such  discharge  will  be  furnished  an  enlisted 
man  at  once  upon  the  expiration  of  his  term  of  gervice,  which  term  will 
date  from  the  taking  of  the  oath  of  enlistment  or  re-enlistment. 
Proper  steps  shall  be  taken  in  due  time  for  the  settlement  of  the  en- 
listed man's  accounts  and  responsibility  for  property,  and  forwarding  the 
necessary  papers  so  as  not  to  withhold  the  discharge  after  it  is  due. 

Any  enlisted  man  may  be  honorably  discharged  before  the  expiration 
of  his  term  of  service  by  order  of  the  commanding  ofiBcer  of  a  regiment 
of  the  coast  artillery  corps,  of  the  naval  militia,  or  unattached  bat- 
talion or  squadron,  or,  if  a  member  of  an  unattached  company  or  troop, 
by  the  brigade  commander  or  the  commander-in-chief,  upon  the  recom- 
mendation  of  his  commanding  officer,  for  any  of  the  following  reasons: 

To  accept  promotion  by  coniniission; 

Upon  removal  of  residence  from  the  state,  or  out  of  the  bounds  of  the 
command  to  wliich  he  belongs  to  so  great  a  distance  that,  in  the  opinion 
of  the  commanding  officer,  he  cannot  properly  perform  his  military  duty; 

Upon  disability  established  by  the  certificate  of  a   medical  officer; 

At  the  discretion  of  the  officers  authorized  to  issue  discharges  upon 
the  recommendation  of  the  company,  troop,  or  other  immediate  com- 
mander, when  the  man  seeking  di.'^chargc  shall  make  application  afid 
furnish  satisfactory  proof  under  oath  that  further  service  in  the  national 
guard  will  entail  great  loss  and  unusual  hardship  upon  him.  Discharge 
for  such  reasons  shall  not  be  granted  when  a  man  is  ordered  into  active 
service,  or  until  he  shall  have  served  one  year  of  the  term  of  enlistment 
in  force  at  the  time  of  his  application  for  such   discharge. 

To  a  man  rendered  supernumerary  by  the  reduction  of  the  organiza- 
tion of  which  he  is  a  member;  or  who  is  a  member  of  an  organization 
which   may   he   disbanded. 

.\   dishonorable   discharge   shall   be   issued: 

To  a   man  sentenced   by  a  general  court-martial   to  be  discharged; 

To  a  man   convicted  of  a   felony  in   a  civil  court; 

To  a  man  for  neglecting  or  refusing  to  pay  any  fine  imposed  by  a  mili- 
tary court  within  thirty  days  after  it  was  imposed. 

A   discharge   without   honor   may   be   issued: 

By   sentence   of   a   general   or  summary   court-martial; 

Whenever  the  commanding  officer  of  a  company  shall  approve  the 
application  of  two-thirds  of  the  members  of  the  company  for  the  dis- 
charge of  an  enlisted  man  thereof;  provided,  that  at  a  regular  meeting 
of  the  company,  or  at  a   meeting  called  for  that  purpose,   two-thirds  of 


471  POLITICAL  CODE.  §§  2008-2011 

the  members  of  the  company  desire  by  vote  the  discharge  of  one  of 
their  members; 

To  a  man  whose  immediate  commanding  officer  applies  for  his  dis- 
charge without  honor.  The  application  for'  such  discharge  shall  be 
.  directed  to  the  officer  authorized  to  issue  it,  and  shall  briefly  state  the 
grounds  on  which  the  discharge  is  applied  for.  The  man  whose  dis- 
charge is  applied  for  shall  be  entitled  to  be  heard  in  person  to  explain 
the  statements  contained  in  the  application  and  shall  have  ten  days' 
notice  of  such  hearing,  a  copy  of  the  application,  and  of  the  notice 
of  time  and  place  of  hearing,  shall  be  served  on  the  man  in  the  same 
manner  as  warnings  for  duty  are  given.  If  the  officer  authorized  to 
issue  the  discharge  approves  of  the  application  of  the  immediate  com- 
manding officer  after  the  conclusion  of  the  hearing  above  provided  for, 
he  will  issue  the  discharge,  and  if  he  disapproves,  the  man  will  not 
be    discharged; 

The  officers  authorized  to  issue  discharges  may,  also,  upon  application 
of  company  commanders,  discharge  without  honor,  if  convinced  after 
proper  investigation  that  such  discharge  should  be  issued,  any  enlisted 
man  who  habitually  absents  himself  from  the  drills  and  instructions 
of  his  organization,  or  has  shown  a  lack  of  interest  in  his  military 
work  sufficient   to  warrant  the  same; 

Or  any  enlisted  man  may  be  discharged  for  the  good  of  the  service 
by  the  commanding  officer  of  the  regiment,  coast  artillery  corps  or  un- 
attached battalion  or  squadron,  or  if  a  member  of  an  unattached  com- 
pany or  troop,  by  the  brigade  commander,  or  in  other  instances  by  the 
commander-in-chief,  upon  the  recommendation  of  a  company  or  troop 
commander  and  after  a  careful  investigation  by  the  officer  issuing  the 
discharge. 

The  officers  authorized  to  issue  the  discharges  hereinbefore  specified 
are:  The  commanding  officer  of  a  regiment,  or  of  a  battalion  or  squad- 
ron not  part  of  a  regiment  or  the  coast  artillery  corps;  the  commanding 
officer  of  a  brigade  for  any  organization  attached  to  the  brigade  and 
not  above  specified;  the  commanding  officer  of  the  naval  militia,  and 
the  commander-in-chief.  [Amendment  approved  March  9,  1911;  Stats. 
1911,  p.   328.] 

Annual  inspection. 

§  2008.  The  entire  national  guard  and  naval  militia  shall  be  in- 
spected at  their  home  stations  at  least  once  in  each  year;  provided, 
however,  the  inspection  made  by  the  United  States  government,  through 
its  army  and  navy  officers,  may  be  accepted  by  the  commander-in-chief 
in  his  discretion  as  and  for  the  state  and  no  other  inspection  ordered 
for  that  year.  [Amendment  approved  March  9,  1911j  Stats.  1911, 
p.   329.] 

Service  "medal. 

§  2011.  The  state  shall  provide  a  service  medal  or  bar  of  appropriate 
design  and  material,  to  be  issued  for  ten,  fifteen,  twenty,  and   twenty- 


§§2076,2077  political  code.  472 

five  years  of  service  on  the  active  list  of  the  national  guard.  There 
shall  be  no  other  or  rlififerent  medals  or  bars  for  such  service.  Such 
medals  or  bars  shall  be  prepared  and  issued  free  of  cost  to  those  en- 
titled to  same,  by  the  adjutant  general,  only  upon  application  of  the 
party  entitled  thereto,  and  upon  proof  of  such  service  from  the  records, 
of  the  national  guard.  [Amendment  approved  March  9,  1911;  Stats. 
1911,  p.  330.] 

Pay  of  officers  and  men. 

§  2076.  Officers  while  on  active  duty  in  the  service  of  the  state 
shall  receive  the  same  pay  and  allowance  as  officers  of  similar  grade 
in  the  United  States  army  and  United  States  navy.  Enlisted  men 
while  on  active  dut}'  in  the  service  of  the  state  shall  receive  two  dol- 
lars per  day;  provided,  that  no  pay  shall  be  allowed  to  any  officer 
or  enlisted  man  when  on  duty  in  any  state  camp  mentioned  in  section 
2005  of  the  Political  Code  of  the  state  of  California;  and  in  any  camp 
field  in  pursuance  of  orders  from  the  commander-in-chief  there  shall  be 
allowed  for  each  mounted  officer  and  enlisted  man  one  dollar  and  fifty 
cents  per  ilay  for  the  horse  necessarily  used  by  him  at  such  camp; 
provided,  further,  that  all  enlisted  men  in  attendance  at  joint-maneuver 
cami)s  of  the  national  guard  and  United  States  army  and  all  enlisted 
men  of  the  naval  militia  while  on  an  annual  cruise  of  instruction  in 
pursuance  of  the  oriiers  of  the  commander-in-chief  shall  receive  one 
dollar  per  day  in  excess  of  the  government  pay  per  day  at  such  camp 
or  for  such  cruise  of  instruction;  provided,  that  the  time  for  which 
pay  is  allowed  naval  militia  men  on  such  cruise  shall  not  exceed  fifteen 
days  in  any  one  year;  and  provided,  further,  that  officers  of  the 
national  guard  on  duty  in  the  adjutant  general's  department  when 
called  into  active  service  by  competent  authority  shall  receive  the 
same  pay  and  allowance  as  officers  of  similar  grade  of  the  United  States 
army.  In  case  the  legislature  does  not  appropriate  sufficient  money  to 
pay  one  dollar  j)er  day  to  each  enlisted  man  participating  in  joint 
maneuvers  or  cruises  for  instruction,  then  the  money  actually  appro- 
priated shall  be  apportioned  among,  and  paid  pro  rata,  to  the  enlisted 
men  participating,  upon  estimate  made  by  the  adjutant  general  in  ad- 
vance of  such  apportionment  and  payment.  [Amendment  approved 
June    16,   1913;    Stats.   1913,   p.   1114.] 

Traveling  expenses. 

§  2077.  Whenever  an  officer  of  the  national  guard  is  detailed  for 
special  duty  in  any  matter  relating  to  the  national  guard,  by  order  of 
the  commander-in-chief,  or  by  order  of  the  brigade,  regimental,  battal- 
ion or  squadron  commander,  on  approval  of  the  commander-in-chief,  he 
shall  be  allowed  three  dollars  per  day  and  actual  traveling  expenses. 
An  enlisted  man  similarly  detailed  shall  be  allowed  two  dollars  per  day 
and  actual  traveling  expenses.  Whenever  an  officer  of  the  United  States 
army  or  navy,  detailed  by  the  war  or  navy  department  for  service  with 
the  national  guard  of  California,  is  detailed  by  the  commander-in-chief 


473  POLITICAL  CODE.  §§2078,2079 

of  this  state  for  special  duty  involving  travel  not  specially  directed  by 
the  war  or  navy  department,  said  officer  shall  be  allowed  his  actual 
traveling  expenses,  but  no  per  diem.  [Amendment  approved  June  16, 
1913:    Stats.    1913,  p.   1115.] 

For  officers'  uniforms. 

§  2078.  All  officers  shall  receive  at  the  conchision  of  each  fiscal  year 
the  sum  of  twenty-five  dollars  to  assist  in  uniforming  and  equipping 
themselves,  provided  they  have  served  as  such  the  entire  twelve  months 
comprising  such  fiscal  year,  and  if  not,  then  such  proportion  of  said 
sum  as  the  time  served  bears  to  said  year;  provided,  further,  that  per- 
sonal aids-de-eamp  of  the  commander-in-chief  shall  not  receive  such 
allowance  except  those  detailed  from  the  active  list.  [Amendment  ap- 
proved March  9,  1911;  Stats.  1911,  p.  330.] 

Armory  rent,  caxe  of  arms,  incidentals,  etc. 

§  2079.  There  must  be  audited  and  allowed  by  the  adjutant  general 
and  paid  out  of  the  appropriation  for  military  purposes,  upon  the 
warrant  of  the  state  controller,  to  the  commanding  officer  of  each 
infantry,  coast  artillery,  and  engineer  company  of  the  national  guard, 
and  each  division  of  the  naval  militia,  except  the  engineer  division  of 
the  naval  militia,  the  sum  of  one  hundred  dollars  per  month;  to  the 
commanding  officer  of  each  field  hospital,  one  hundred  and  twenty-five 
dollars  per  month;  to  the  commanding  officer  of  each  ambulance  com- 
pany, one  hundred  and  fifty  dollars  per  month;  to  the  commanding 
officer  of  each  machine  gun  company,  company  of  signalmen,  troop  of 
cavalrj-,  battery  of  field  artillery,  and  of  the  engineer  division  of  the 
naval  militia  the  sum  of  two  hundred  dollars  per  month;  provided, 
that  in  case  machine  gun  platoons  or  detachments  are  organized  instead 
of  full  machine  gun  companies,  that  said  platoons  or  detachments 
shall  receive  that  proportion  of  the  monthly  allowance  herein  provided 
for  a  full  machine  gun  company,  that  the  said  platoon  or  detachment 
in  numbers  of  personnel  bears  to  said  company;  the  sum  so  paid  to  be 
used  for  armory  rent,  care  of  arms,  and  proper  incidental  expenses  of 
the  company,  troop,  battery,  field  hospital  or  division.  There  shall  be 
allowed,  audited,  and  paid  out  of  the  same  appropriation,  to  the  com- 
manding officer  of  each  brigade  the  sum  of  two  hundred  dollars  per 
month;  to  the  commanding  officer  of  each  regiment,  and  of  the  naval 
militia,  and  to  the  chief  of  coast  artillery  the  sum  of  one  hundred  and 
fifty  dollars  per  month;  to  the  commanding  officer  of  each  separate  bat- 
talion or  separate  squadron  the  sum  of  fifty  dollars  per  month;  the  sums 
so  paid  to  be  used  for  rent  of  headquarters,  clerical  expenses,  stationery, 
printing,  postage  and  proper  incidental  expenses  of  the  commanding  offi- 
cer of  the  organization  for  which  said  sums  are  audited,  allowed  and 
paid.  If  any  regiment,  the  naval  militia  or  the  coast  artillery  corps, 
or  separate  battalion  or  separate  squadron  shall  have  attached  to  it  a 
uniformed  and  organized  band  of  not  less  than  twenty-eight  people,  to 
the  commanding  officer  of  such  regiment,  naval  militia,  artillery  corps. 


§§2080-2106  POLiTic.vL  CODE.  474 

separate  battalion  or  separate  squadron,  the  additional  sum  of  seventy- 
five  dollars  per  month  for  such  band;  to  the  surgeon  general  and  the 
chief  surgeon  the  sum  of  twenty-five  dollars  each  per  month  for  rent 
and  proper  incidental  expenses;  and  to  the  adjutant  general  the  sum  of 
ten  thousand  dollars  per  annum,  to  be  expended  by  him  in  promoting 
target  practice.  There  must  be  audited  and  allowed  by  the  adjutant 
general,  and  paid  out  of  the  appropriation  for  military  purposes,  to  the 
medical  officer  in  charge  of  each  detachment  of  the  medical  department 
on  duty  with  a  regiment,  with  the  signal  corps,  cavalry,  field  artillery, 
with  the  coast  artillery,  and  the  chief  surgeon  of  the  naval  militia,  the 
sum  of  fifty  dollars  per  month,  for  rent  and  proper  incidental  expenses 
of  such  detachment.  No  claim  shall  be  allowed  under  the  provisions 
of  this  section  except  upon  demand  made  quarterly  in  duplicate,  signed 
and  sworn  to  by  the  officer  claiming  the  same,  before  any  officer  of  the 
national  guard,  or  notary  public,  and  forwarded  through  the  headquar- 
ters of  the  regiment,  coast  artillery  corps,  separate  battalion,  separate 
squadron,  or  separate  company,  or  naval  militia,  with  the  approval  of 
each  commanding  officer  through  whose  headquarters  they  are  required 
to  pass,  direct  to  the  adjutant  general;  provided,  that  the  adjutant 
general  may  make  exi)enditures  at  any  time  for  the  promotion  of  target 
practice  out  of  the  appropriation  for  that  purpose  herein  provided  for. 
[Amendment  approved  June  16,  1913;  Stats.  1913,  p.  1115.J 
Also  aniendod   March   9,   1911    (Stats.   1911,   p.   330). 

AUowajQce  to  each  company,  etc. 

§  2080.  The  sum  of  two  hundred  and  fifty  dollars  shall  be  audited 
bv  the  adjutant  general  and  annually  paid  out  of  the  appropriation  for 
military  purposes,  to  each  company,  troop,  battery,  field  hospital  and 
ambulance  company  of  the  national  guard,  and  to  each  division  of  the 
naval  militia.  Tiie  amount  so  audited  and  allowed  shall  be  paid  to  the 
commanding  officers  of  such  organizations  for  the  use  thereof.  [Amend- 
ment approved  June  Ifi,  1913;  8tats.  1913,  p.  1116.] 
Also  amended  March  9,  1911    (Stats.   1911.  p.   330). 

Claims  exempt. 

§  2085.  C  laims  audited  and  allowed  as  provided  in  this  chapter  are 
excmj)t  from  the  provision  of  article  18  of  the  Political  Code.  [Amend- 
ment approved  March  9,  1911;  Stats.  1911,  p.  331.] 

Oaths. 

§  2106.  Oaths  required  in  any  matter  connected  with  the  military  ser- 
vice may  bo  administered  and  certified  by  any  duly  commissioned  offi- 
cer of  the  national  guard  of  California,  or  other  officer  authorized  to 
administer  oaths  under  the  laws  of  the  state  of  Californi.T,  and  no  charge 
shall  be  made  for  the  same,  [.\mendment  approved  June  16,  1913; 
Stats.  1913,  p.   llltJ.J 


475  POLITICAL   CODE.  §§2111,2112 

Naval  militia. 

§  2111.  The  organized  naval  militia  of  California,  if  authorized,  shall 
consist  of  not  more  than  twelve  divisions,  including  one  engineer  divi- 
sion. The  naval  militia  shall  be  located  throutrhout  the  coast  of  the 
state  at  the  discretion  of  the  commander-in-chief.  The  word  "division" 
as  used  in  this  chapter  in  connection  with  the  naval  militia  shall  have 
the  same  meaning  and  effect  as  "company"  when  used  in  connection 
with  infantry  and  the  word  "battalion"  as  used  in  this  chapter  in  con- 
nection with  the  naval  militia  shall  have  the  same  meaning  and  effect 
as  "battalion"  when  used  in  connection  with  infantry.  The  several 
divisions  of  the  naval  militia  shall  be  organized  into  battalions  of  not 
less  than  four  divisions  to  each  battalion  and  divisions  shall  be  assigned 
to  the  various  battalions  at  the  discretion  of  the  commander-in-chief. 
[Amendment  approved  June  16,  1913;  iStats.  1913,  p.  1118.] 

Strength,  rank,  officers,  etc.,  of  naval  militia.     Line  officers. 

§  2112.  (1)  The  numerical  strength,  rank,  titles,  and  insignia  of  rank 
of  the  divisions  of  the  naval  militia  shall  conform  to  the  laws,  rules 
and  regulations  of  the  United  States  navy,  so  far  as  the  same  may  be 
effectively  applicable.  The  naval  militia  shall  be  commanded  by  a  cap- 
tain. There  shall  also  be  the  following  additional  commissioned  officers, 
viz.,  one  commander,  and  one  lieutenant  commander  for  each  battalion 
of  the  naval  militia  who,  in  order  of  rank,  in  the  absence  or  disability 
of  the  superior,  shall  perform  his  duties  and  shall  at  all  times  assist  the 
commanding  officer  in  the  performance  of  his  duties;  one  chief  engineer, 
with  the  rank  of  lieutenant  commander;  one  lieutenant  commander  and 
navigating  officer,  one  lieutenant  and  ordnance  officer,  one  lieutenant 
and  aid  to  the  commanding  officer  of  the  naval  militia  who  shall  be* 
subject  to  such  detail  as  the  commanding  officer  may  designate;  one 
lieutenant  and  equipment  officer;  one  lieutenant  (junior  grade)  and 
assistant  navigating  officer;  one  lieutenant  (junior  grade)  and  assistant 
ordnance  officer,  one  lieutenant  (junior  grade)  and  assistant  equipment 
officer,  one  ensign  and  signal  officer.  The  lieutenant  commanders  shall 
command  the  respective  battalio"ns  and  shall  perform  such  other  duties 
as  may  be  prescribed  by  the  commander-in-chief.  There  shall  also  be 
the  following  chief  warrant  officers,  who  shall  rank  with  and  after  an 
ensign;  one  chief  boatswain,  one  chief  machinist,  one  chief  carpenter, 
one  chief  gunner.  The  chief  warrant  officers  shall  be  appointed  by  the 
commander-in-chief  upon  the  recommendation  of  the  commanding  officer 
of  the  naval  militia  and  shall  receive  from  the  commander-in-chief  a 
commission  in  the  same  form  as  commissioned  officers  of  the  naval 
militia.  When  more  than  one  vessel  is  loaned  by  the  United  States 
government  to  the  state  of  California  for  the  use  of  the  naval  militia 
there  may  be  for  each  such  additional  vessel  one  lieutenant  (junior 
grade)  and  passed  assistant  engineer,  who  shall  be  appointed  by  the 
commander-in-chief  upon  the  recommendation  of  the  commanding  offi- 
cer of  the  naval  militia.  All  the  above  officers  shall  be  line  officers. 
The  captain,  commander,  and  lieutenant  commanders  shall  be  elected  to 


§  2112  POLITICAL    CODE.  476 

hold  office  as  prescribed  in  this  chapter  for  officers  of  similar  grades 
of  regiments  of  infantry.  All  other  of  the  above-named  officers  shall 
be  appointed  by  the  commander-in-chief  upon  the  recommendation  of 
the  commanding  officer  of  the  naval  militia  and  shall  hold  office  as 
prescribed  in  this  title  for  officers  of  similar  grades  of  regiments.  All 
elections  for  officers  in  the  naval  militia  shall  be  ordered  by  the  com- 
mander-in-chief. 

Chaplain.  Division.  Elected  officers.  Pay  department.  Medical  de- 
partment. Warrant  officers.  Organization  of  naval  militia.  In- 
spectors. Courts-martiaL  Band. 
(2)  There  may  also  be  a  chaplain,  who  shall  be  of  the  same  grade 
and  rank  as  in  the  United  States  navy  and  who  shall  be  appointed  by 
the  commander-in-chief  upon  the  recommendation  of  the  commanding 
officer  of  the  naval  militia.  Each  division  of  the  naval  militia  shall  be 
commanded  by  a  lieutenant,  and  shall  include  a  lieutenant  (junior 
grade),  two  ensigns,  and  not  less  than  fifty-eight  nor  more  than  one 
hundred  petty  officers  and  seamen.  The  commissioned  officers  of  each 
division  shall  be  elected  in  the  same  manner  and  hold  office  as  prescribed 
in  this  title  for  company  officers  of  the  national  guard.  Officers  of  the 
naval  militia  may  be  retired  as  provided  in  section  1963  of  this  chapter. 
The  lieutenant  and  lieutenant  (junior  grade)  of  the  engineer  division 
shall  each  hold  the  grade  of  jiassed  assistant  engineer,  and  the  ensigns 
ot  the  engineer  division  shall  each  hold  the  grade  of  assistant  engineer. 
All  engineer  officers  shall  be  recognized  engineers  or  machinists  of  at 
least  two  years'  standing.  The  pay  department  of  the  naval  militia 
shall  consist  of  one  payin:tster  with  the  rank  of  lieutenant,  one  passed 
assistant  paymaster  with  the  rank  of  lieutenant  (junior  grade),  and  one 
assistant  payninster  with  the  rank  of  ensign,  who  shall  be  staff  officers 
appointed  by  the  commander-in-chief  upon  the  recommendation  of  the 
commanding  officer  of  the  naval  militia,  and  hold  office  as  prescribed  for 
otlicers  of  similar  grades  of  regiments.  The  medical  department  of  the 
naval  militia  shall  be  allowed  the  following  commissioned  officers,  viz.. 
one  chief  surgeon,  with  the  rank  of  lieutenant  commander;  one  surgeon 
with  the  rank  of  lieutenant,  and  there  may  be  to  each  division  of  the 
naval  militia  one  assistant  surgeon  with  the  rank  of  lieutenant  (junior 
grade).  The  appointment  of  the  commissioned  officers  of  the  medical 
department  of  the  naval  militia  shall  be  made  by  the  commander-in- 
chief  upon  the  recommendation  of  the  commanding  officer  of  the  naval 
militia;  provided,  that  no  person  shall  receive  the  appointment  as  an 
officer  of  the  medical  department  of  the  naval  militia  unless  he  is  a 
licensed  graduate  of  a  medical  school.  Except  as  otherwise  provided 
in  this  chapter,  all  officers  in  the  naval  militia,  except  commissioned 
officers  of  the  medical  department,  prior  to  being  commissioned  conse- 
c|uent  upon  an  election  or  appointment,  shall  be  subject  to  examina- 
tion as  to  qualification  and  general  fitness  for  the  service  by  a  board  of 
officers  to  be  detailed  by  the  cOMiniiiirder-in-ohief.  The  warrant  officers, 
chief  petty  oQicers,  and   petty  officers  of  the  naval  militia  shall  be  the 


477  POLITICAL    CODE.  §  2154 

same  as.  in  the  United  States  navy  and  of  such  numbers  as  the  exigen- 
cies of  the  service  may  require.  Warrants  for  warrant  officers  may 
be  issued  by  the  adjutant  general  upon  recommendation  of  the  com- 
manding officer  of  the  naval  militia.  Chief  petty  officers  and  petty  offi- 
cers shall  be  appointed  by  the  commanding  officer  of  the  naval  militia. 
The  organization  of  the  naval  militia  shall  conform  generally  to  the 
provisions  of  the  laws  of  the  United  States;  and  the  system  of  disci- 
pline and  exercise  shall  conform,  as  nearlj'  as  may  be,  to  that  of  the 
navy  of  the  United  States,  as  it  is  now,  or  may  hereafter  be,  prescribed 
b^'  congress,  and  that  prescribed  by  the  provisions  of  the  Political  Code 
relating  to  the  national  guard  of  California;  and  the  commander-in-chief 
shall  have  power  to  alter,  divide,  annex,  consolidate  or  disband  the 
naval  militia,  whenever  in  his  judgment  the  efficiency  of  the  state  forces 
tvill  thereby  be  increased,  and  he  shall  have  power  to  make  such  rules 
and  regulations  as  may  be  deemed  proper  for  the  use,  government,  and 
instruction  of  the  naval  militia,  but  such  rules  and  regulations  shall 
conform  as  nearly  as  practicable  to  those  governing  the  United  States 
navy.  The  commander-in-chief  is  authorized  to  apply  to  the  Presitient 
of  the  United  States  for  the  detail  of  commissioned  and  petty  officers 
of  the  navy  to  act  as  inspectors  and  instructors  in  the  art  of  naval 
warfare.  Summary  courts-martial  for  the  naval  militia,  when  necessary, 
shall  be  ordered  by  the  commanding  officer  of  the  naval  militia,  and 
general  courts-martial  for  the  naval  militia,  when  necessary,  shall  be 
ordered  by  the  commander-in-chief,  and  shall  be  organized  and  con- 
ducted under  the  laws,  regulations  and  usages  of  the  United  States  navy, 
and  the  provisions  and  sections  relating  to  military  courts  in  this  chap- 
ter. The  proceedings  shall  be  reviewed  and  sentence  executed  as  pro- 
vided in  this  chapter.  Vessels  loaned  by  the  United  States  government 
to  the  state  of  California  for  the, use  of  the  naval  militia,  shall  be  com- 
manded by  the  ranking  line  officer  resident  at  the  port  to  which  such 
vessel  is  assigned.  The  commanding  officer  of  the  naval  militia  is 
authorized  to  enlist  and  organize  a  band  of  not  less  than  twenty-eight 
enlisted  men,  and  there  shall  be  allowed,  audited  and  paid  to  the  com- 
manding officer  of  the  naval  militia  for  the  purchase  and  care  of  in- 
struments, music  and  the  proper  incidental  expenses  of  the  said  band, 
the  sum  of  seventy-five  dollars  per  month  to  be  audited,  allowed  and 
paid  as  similar  allowances  are  audited,  allowed  and  paid  to  similar 
organizations  of  the  national  guard.  [Amendment  approved  June  16, 
1913;   Stats.  1913,  p.  1118.] 

Also  amended  March  9,   1911     (Stats.   1911,  p.  331), 

Salaries  of  hospital  officers. 

§  2154.  Salaries  of  resident  and  other  officers  and  wages  of  the  em- 
ployees must  be  included  in  the  monthly  estimates  and  paid  in  the  same 
manner  as  other  expenses  of  the  state  hospitals.  The  medical  super- 
intendents, the  assistant  physicians,  secretaries  to  medical  superintend- 
ents,    and     stewards,     and     their     families,     must     be     furnished    room, 


§  2167b  POLITICAL   CODE.  478 

household  furniture,  laundry  service,  drugs  when  ill,  provisions,  fuel  and 
lights  at  and  from  the  supplies  of  the  hospital.  But  separate  accounts 
must  be  kept  of  the,5ame.  The  word  family  shall  be  regarded  as  mean- 
ing only  the  wife  and  minor  children  of  said  officers.  [Amendment 
approved   March   14,   1911;   Stats.   1911,  p.  359.] 

Psychopathic  parole  act. 

§  2167b.  This  act  shall  be  known  as  the  psychopathic  parole  act  and 
shall  apply  to  persons  mentally  sick  and  bordering  on  insanity  but  not 
dangerously  insane. 

Office  may  be  created  by  supervisors. 

1.  The  offline  of  psychopathic  probation  officer  may  be  created  in  any 
county  in  this  state  by  the  board  of  supervisors  thereof.  The  psycho- 
pathic probation  officers  and  deputy  psychopathic  probation  officers  to 
serve  hereunder  shall  be  nominated  and  appointed  by  the  judge  of  the 
superior  court  by  written  order  entered  in  the  minutes  of  said  court. 
The  term  of  office  of  the  psychopathic  probation  officers  and  dep^.ity 
psychopathic  probation  officers  shall  be  during  the  pleasure  of  the  court 
and  may  at  any  time  be  removed  by  said  court  in  its  discretion.  Such 
psychopathic  offif-ers  shall  devote  their  entire  time  and  attention  to  the 
duties  of  thoir  office.  It  shall  be  the  duty  of  the  clerk  of  said  court 
before  any  mentally  sick  or  insane  person  is  brought  before  the  court 
under  the  provisions  of  this  act  to  notify  one  of  the  probation  officers 
of  said  court. 

Duties. 

2.  The  said  psychopathic  probation  officer  shall  inquire  into  the  ante- 
cedents, character,  family  history,  environment  and  superinducing  cause 
of  the  mental  sii'kness  or  insanity  of  every  alleged  mentally  sick  or 
insane  person  brought  before  the  court  and  shall  make  his  report  to  the 
judge  thereof,  in  writing  or  verbally  in  open  court  or  in  chambers  as 
directed  by  the  .iudge  of  said  court.  Every  psychopathic  probation  offi- 
cer, assistant  psychopathic  probation  officer  and  deputy  psychopathic 
probation  officer  shall  have  the  powers  of  peace  officers  at  any  time 
at  his  or  her  discretion;  such  officer  may  bring  any  mentally  sick  or 
insane  person  committed  to  the  care  of  such  psychopathic  probation  offi- 
cer before  the  court  for  such  further  other  action  as  the  court  may 
deem  proper. 

Probation  officers.     Salary. 

3.  In  each  county  where  the  office  of  psychopathic  parole  officer  has 
been  created  under  the  provisions  of  this  act.  the  judge  of  the  superior 
court  shall  have  power  to  appoint  two  psychopathic  probation  officers, 
ana  as  many  dejtuties  as  may  be  convenient  or  necessary  may  from  time 
to  time  be  appointed  by  tlie  judge  of  the  superior  court;  and,  provid- 
ing, further,  that  such  deputies  shall  serve  without  compensation.  Each 
of  said  psychopathic  probation  officers  shall  receive  such  salary  as  may 


479  POLITICAL  CODE.  §  2167b 

be  flcterminerl  upon  by  the  board  of  supervisorg,  and  the  salaries  of 
such  psyehopatliic  probation  officers  shall  be  paid  out  of  the  county 
treasury  of  the  county  of  whicli  they  are  appointed  respectively  and  in 
the  same  manner  as  county  officers. 

Expenses. 

4.  The  psychopathic  probation  officers  and  deputy  psychopathic  pro- 
bation officers  shall  be  allowed  such  necessary  incidental  expenses  as 
may  be  authorized  by  the  judge  of  the  superior  court  and  the  same 
shall  be  a  charge  upon  the  county  in  which  the  court  appointing  them 
has  jurisdiction  and  said  expenses  shall  be  paid  out  of  the  county  treas- 
ury upon  a  written  order  by  the  judge  of  the  superior  court,  directing 
the  county  auditor  to  draw  his  warrant  upon  the  county  treasurer  speci- 
fying the   amount   of  such   expenditure. 

Persons  mentally  sick  cared  for.     Cost. 

5.  If  on  the  examination  as  provided  by  law.  the  court  finds  a  per- 
son to  be  mentally  sick  and  bordering  on  insanity  but  not  dangerously 
insane,  the  court  may  commit  such  persons  to  the  care  and  custody  of 
the  psychopathic  probation  officer  and  may  allow  said  persons  to  remain 
in  the  home  of  said  persons  subject  to  the  visitation  of  a  probation 
officer  and  be  subject  to  be  returned  to  the  court  for  further  proceed- 
ings whenever  such  action  may  appear  necessary'  or  desirable;  or  the 
court  may  commit  the  person  so  found  to  be  mentally  sick  or  bordering 
on  insanity  but  not  dangerously  insane,  to  be  placed  in  a  suitable  home, 
sanitarium  or  rest  haven  home,  subject  to  the  supervision  of  said  psy- 
chopathic probation  officer  and  the  further  order  of  the  court;  provided, 
however,  that  the  reasonable  cost  in  a  sum  to  be  fixed  by  the  court  at 
the  time  of  the  commitment,  shall  be  defrayed  out  of  the  estate  of  the 
patient  so  committed  or  shall  be  a  charge  upon  his  relatives  liable  for 
such  maintenance;  provided,  however,  tBat  if  the  patient  is  found  to 
De  indigent  and  without  funds  or  relatives  responsible  for  his  mainte- 
nance able  to  pay  such  charge,  then  the  same  shall  be  a  charge  upon 
the  county  in  which  court  has  jurisdiction  and  said  expense  shall  be 
paid  out  of  the  county  treasury  upon  a  written  order  of  the  judge  of 
the  superior  court  of  said  county,  directing  the  county  auditor  to  draw 
his  warrant  upon  the  county  treasurer  specifying  the  amount  of  such 
expense. 

Purpose  of  act. 

6.  This  act  shall  be  liberally  construed  to  the  end  that  its  purpose 
may  be  carried  out,  to  wit:  that  the  humane  care  and  custody  of  the 
mentally  sick  or  near-insane  persons,  as  defined  in  this  act,  shall  be 
provided  for  that  restoration  of  such  patients  to  a  normal  mental  con- 
dition be  as  rapid  as  possible  without  committing  said  patient  to  an 
insane  hospital.  All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby 
repealed.     [New  section  approved  May  30,  1913;  Stats.  1913,  p.  439.] 


§§2168-2185b  political  code.  480 

§  2168. 

Citations.      Gal.  162/239,   240.      App.   11/532. 

§  2169. 

Citations.      App.   11/5.32. 

§  2170. 

Citations.     App.   11/532. 

§  2171. 

Citations.     App.   11/562. 

§  2172. 

Citations.     App.   11/532. 

§  2173. 

Citations.     App.   11/532. 

S  2174. 

Citations.     App.  ll/r)32. 

Voluntary  patients  in  state  hospitals. 

§  2185b.  Pursuant  to  nili's  ami  regulations  establisbed  by  (he  state 
ooiiiinission  in  liinaov,  the  inoilifai  siiperintcnilent  or  jierson  in  charge 
of  any  state  hospital,  excejit  the  Fol.som  State  Hospital,  may  receive  and 
detain  in  such  state  hospital,  as  a  boarder  and  patient,  any  person  suffer- 
ing from  mental  disease,  who  is  a  suitable  person  for  care  and  treat- 
ment in  such  state  hospital,  and  who  shall  voluntarily  make  a  written 
application  to  the  medical  superintendent  or  person  in  charge  thereof  for 
admission  into  such  hospital  for  care  and  treatment,  and  who  is  in 
such  condition  of  mind,  at  the  time  of  making  such  application  for 
admission,  as  to  render  him  competent  to  make  such  application.  Any 
such  person  received  and  detained  in  a  state  hos|>ital  shall  be  deemed 
a  voluntary  patient.  Any  person  received  into  a  state  hosjiital  under 
such  voluntary  application  shall  not  be  detained  therein  for  more  than 
seven  days  after  having  given  notice,  in  writing,  to  the  medical  super- 
intendent or  person  in  charge  of  such  hospital  of  his  desire  to  leave  such 
hospital.  The  charges  for  the  care  and  keeping  of  such  person  in  such 
hospital  shall  be  governed  by  the  provisions  of  the  Political  Code  relat- 
ing to  the  charges  for  the  care  and  keeping  of  insane  persons  in  state 
hosiiitals.  Upon  the  admission  of  a  voluntary  patient  to  a  state  hos- 
pital, the  medical  superintendent  or  person  in  charge  shall  immediately 
forward  to  the  ofTice  of  the  state  commission  in  lunacy  the  record  of 
such  voluntary  patient,  showing  the  n.une.  residence,  age,  sex,  nativity, 
occupation,  civil  condition,  date  of  admission  of  such  patient  to  such 
hospital,  and  sucli  other  information  as  may  be  required  by  tne  rules 
and  regulations  of  said  commission.  The  state  commission  in  lunacy 
shall  establish  such  rules  and  regulations  as  may  be  necessary  to  prop 


481  roLiTiCAL  CODE.  §  2185c 

erly  carry  out  the  provisions  of  this  soetion.  [New  section.  Became  a 
law,  under  constitutional  provision,  without  governor's  approval,  March 
24,    1911;    Stats.    1911,    p.    4Go.] 

Person  addicted  to  intemperate  use  of  narcotics  or  stimulants.  Arrest 
and  examination.  Commitment  to  state  hospital.  Conditions  and 
term  of  commitment. 
§  2185c.  Whenever  it  appears  by  affidavit  to  the  satisfaction  of  a 
magistrate  of  a  county,  or  citv'  and  county,  that  any  person  is  so  far 
addicted  to  the  intemperate  use  of  narcotics  or  stimulants  as  to  have 
lost  the  power  of  self-control,  or  is  subject  to  dipsomania  or  inebriety, 
he  must  issue  and  deliver  to  some  peace  officer  for  service  a  warrant 
directing  that  such  person  be  arrested  and  taken  before  a  judge  of  the 
superior  court  for  a  hearing  and  examination  on  such  charge.  Such 
officer  must  thereupon  arrest  and  detain  such  person  until  a  hearing  and 
examination  can  be  had.  At  the  time  of  the  arrest  a  copy  of  said  affi- 
davit and  warrant  of  arrest  must  be  personally  delivered  to  said  person. 
Such  affidavit  and  warrant  of  arrest  must  be  substantially  in  the  form 
provided  by  section  2168  of  the  Political  Code  for  the  arrest  of  a  person 
charged  with  insanity.  He  must  be  taken  before  a  judge  of  the  superior 
court,  to  whom  said  affidavit  and  warrant  of  arrest  must  be  delivered 
to  be  filed  with  the  clerk.  The  judge  must  then  inform  him  of  the 
charge  against  him,  and  inform  him  of  his  rights  to  make  a  defense  to 
such  charge  and  produce  any  witnesses  in  relation  thereto.  The  judge 
must  by  order  fix  such  time  and  place  for  the  hearing  and  examination 
in  open  court  as  will  give  a  reasonable  opportunity  for  the  production 
and  examination  of  witnesses.  Such  order  must  be  entered  in  the  min- 
utes of  the  court  by  the  clerk  and  a  certified  copy  of  the  same  served 
on  such  person.  The  judge  may  also  order  that  notice  of  the  arrest 
of  such  person  and  the  hearing  of  the  charge  be  served  on  such  rela- 
tives of  said  person  known  to  be  residing  in  the  county,  as  the  court 
may  deem  necessary  or  proper.  The  hearing  and  examination  shall  be 
had  in  compliance  with  the  provisions  of  sections  2169  and  2170  of 
the  Political  Code.  The  judge,  after  such  hearing  and  examination, 
if  he  believes  the  person  is  so  far  addicted  to  the  intemperate  use  of 
narcotics  or  stimulants  as  to  have  lost  the  power  of  self-control,  or  is 
subject  to  dipsomania  or  inebriety,  must  make  an  order  that  he  be  con- 
fined in  a  hospital  for  the  care  and  treatment  of  the  insane,  designated 
in  such  order,  and  the  order  must  be  accompanied  by  a  written  state 
ment  of  the  judge  as  to  the  financial  condition  of  the  patient  and  of  the 
persons  legally  liable  for  his  maintenance,  as  far  as  can  be  ascertained; 
provided,  that  before  a  person  shall  be  committed  to  a  state  hospital, 
satisfactory  evidence  shall  be  submitted  to  the  trial  judge  showing  that 
the  person  to  be  committed  is  not  of  bad  repute  or  bad  character,  apart 
from  his  or  her  habit  for  which  the  commitment  is  made,  and  that  there 
is  reasonable  ground  for  believing  that  the  p^^rson,  if  committed,  will 
be  permanently  benefited  by  treatment.  Such  order  and  statement  shall 
31 


§§  2188-2197  POLITICAL  code.  482 

be  in  substaritially  the  form  provided  by  section  2171  of  the  Political 
Code  for  the  commitment  of  insane  persons.  The  court  shall  commit 
such  person  for  a  definite  period,  not  to  exceed  two  rears,  but  provided 
that  he  may  be  paroled  by  the  medical  superintendent  under  the  same 
rules  and  conditions  that  the  insane  are  paroled;  and  provided,  further, 
that  the  state  commission  in  lunacy  shall  be  given  the  same  power  to 
discharge  an}'  person  committed  under  this  act  as  contained  in  section 
2189  of  the  Political  Code,  upon  the  recommendation  of  the  hospital 
superintendent,  when  satisfied  that  such  person  will  not  receive  substan- 
tial benefit  from  further  hospital  treatment.  Such  person  shall  be  de- 
livered to  the  state  hospital  for  the  insane  to  which  he  has  been 
committed  in  compliance  with  the  provisions  of  section  2172  of  the 
Political  Code,  providing  for  the  commitment  and  deliveranoe  of  an 
insane  person.  [Amendment  approved  Dcfcmber  LS.  1911;  Stats.  Ex. 
Sess.  1911,  p.  14.] 

This  section  added  fo  the  code  March  20.   1911    (Stats.   1911,  p.   396). 
Citations.      Gal.   162/239,   240.      App.   18/2. 

§  2188. 

Citations.     App.   11/533. 

Moneys  due  state. 

§  2193.  Kach  county  auditor  must  include  in  his  state  settlement 
report  rendered  to  the  controller  in  the  months  of  May  and  December 
the  amount  due  the  state  under  this  act  by  reason  of  commitments  to 
the  homo  for  feebleminded;  and  the  oounty  treasurer,  at  the  time  of  the 
settlement  with  the  state  in  such  months,  must  pay  to  the  state  treas- 
urer, upon  the  order  of  the  controller,  the  amounts  found  to  be  due  to 
the  state  by  reason  of  the  commitments  herein  referred  to.  In  the 
event  of  the  failure  of  the  county  auditor  or  county  treasurer  to  do  or 
perform  any  of  the  things  required  in  this  section,  the  state  commis- 
sion in  lunacy  may  require  the  county  treastirer  by  writ  of  mandate  to 
pay  to  the  state  treasurer  upon  an  order  of  the  controller  all  amounts 
found  to  be  ilue  to  the  state  as  aforesaid  at  the  time  of  the  next  settle- 
ment of  the  said  county  treasurer  with  the  state,  and  it  shall  be  no 
defense  to  such  a  proceeding  that  the  county  auditor  has  failed  to  include 
such  sums  in  his  said  report  rendere<l  to  the  controller,  and  it  shall 
not  be  necessary  for  the  said  commission  to  allege  or  prove  any  fact 
with  relation  to  the  condition  of  the  funds  of  the  county.  The  said 
commission  may,  in  its  discretion,  recover  sums  due  from  counties  as  in 
this  chapter  provided,  by  the  presentation  of  claims  against  the  board  of 
supervisors,  and  recovery  may  be  had  on  all  sums  due  the  state  for  a 
period  of  three  vears  next  prior  to  the  presentation  of  any  such  claims. 
[Amendment  approved  February  27,  1911;  Stats.  1911,  p.  86. J 

Action  for  costs,  etc.,  in  insanity  cases. 

§  2197.  The  commission  may  in  its  own  name  bring  an  action  to 
enforce  payment  for  the  cost  of  determining  the  insanity  of  any  person 


483  POLITICAL  CODE.  §§  2236-2283 

and  securing  his  admission  into  a  state  hospital  when  his  estate  or  any 
person  is  liable  for  the  same,  or  to  recover  for  the  use  and  benefit  of 
any  state  hospital  or  for  the  state  the  amount  due  for  the  care,  sup- 
port, maintenance  and  expenses  of  anj'  patient  or  inmate  therein,  against 
any  county,  or  officer  thereof,  or  against  any  person,  guardian  or  rela- 
tive liable  for  such  care,  support,  maintenance  and  exp'enses.  [Amend- 
ment approved  May  22,  1913;  Stats.  1913,  p.  243.] 

"California  School  for  the  Deaf  and  the  Blind." 

§  2236.  The  school  of  the  deaf  and  dumb  and  blind  located  at 
Berkeley  in  Alameda  county  and  heretofore  known  as  the  deaf,  dumb 
and  blind  asylum  shall  hereafter  be  named  and  Icnown  and  designated 
as  the  "California  School  for  the  Deaf  and  the  Blind."  [Amendment  ap- 
l.roved   May  20,  1913;    Stats.    1913,   p.   23.1.] 

Objects  of  school  for  deaf  and  blind.     Name. 

§  2237.  The  school  for  the  deaf  and  the  blind,  located  at  Berkeley, 
Alameda  county,  is,,  a  part  of  the  school  system  of  the  state,  except 
that  it  shall  derive  no  revenue  from  the  public  school  fund,  and  has 
for  its  object  the  education  of  the  deaf  and  the  blind  who,  by  reason  of 
their  infirmity,  cannot  be  taught  in  the  public  schools.  It  shall  be  known 
and  designated  as  the  California  School  for  the  Deaf  and  the  Blind. 
[Amendment  approved  June  16,  1913;  Stats.  1913,  p.  1443.] 

Appropriation.  Orphan  one  hundred  dollars.  Half  orphan  seventy-five 
do]lars. 
§  2283.  There  is  hereby  appropriated  out  of  any  money  in  the  state 
treasury  not  otherwise  appropriated,  to  each  and  every  institution  in 
this  state  conducted  for  the  support  and  maintenance  of  needy  minor 
orphans,  half  orphans,  or  abandoned  children,  and  to  each  and  every 
county,  city  and  county,  city,  or  town  maintaining  such  orphans,  half 
orphans,  or  abandoned  children,  or  any  or  all  of  such  classes  of  persons, 
aid  as  follows:  For  each  whole  orphan  supported  and  maintained  in  any 
such  institution,  not  in  excess  of  one  hundred  dollars  per  annum;  and 
for  each  half  orjihan  or  abandoned  child,  not  in  excess  of  seventy-five 
dollars  per  annum;  but  each  abandoned  child  must  have  been  an  inmate 
thereof  for  one  year  prior  to  receiving  any  support  as  provided  in  this 
chapter;  provided,  that  in  addition  to  the  amount  paid  by  the  state  for 
each  half  orphan  maintained  at  home  by  its  mother,  the  county,  city 
and  county,  city,  or  town  may  pay  for  the  support  of  such  half  orphan 
an  amount  equal  to  the  sum  paid  by  the  state;  and  provided,  further, 
that  in  any  case  where  any  such  half  orphan  is  denied  aid  by  the  county, 
upon  a  petition  setting  forth  the  facts  in  full  as  to  the  necessity  of  aid, 
verified  by  five  reputable  citizens  of  the  county,  city  and  county,  city, 
or  town,  the  mother  of  such  child  shall  have  the  right  of  appeal  direct 
to  the  state  board  of  control  for  aid  for  her  child,  and  should  her  appeal 
be  sustained  by  said  board  payment  must  be  made  for  the  child  as  above 
provided.     [Amendment  approved  May  26,  1913;  Stats.  1913,  p.  629.] 


§§  2285-2286  political  code.  484 

Books  to  be  kept  by  institutions.  Date  of  admission,  name,  age,  etc. 
Monthly  accounts.  List  of  inmates. 
§  2285.  Every  institution,  county,  city  and  county,  city,  or  town 
entitled  to  aid  under  this  chapter  must  keep  the  following  books,  which 
at  all  times  must  be  open  to  the  state  board  of  control  or  to  any  person 
appointed  by  them  to  examine  the  same,  or  to  any  committee  of  the 
leg-islature,  or  to  any  clerk  or  officer  thereof  duly  authorized  to  make 
such  examination: 

1.  A  book  in  which  must  be  entered  the  date  of  admission,  name,  age. 
sex,  and  place  of  birth  of  each  and  every  orphan,  half  orphan,  and 
abandoned  child,  who  is  or  may  hereafter  be  received  or  admitted  into 
such  institution,  or  to  county  aid,  and  the  date  of  discharge  of  any  such 
child,  when  such  discharge  is  made,  the  parentage,  if  known;  the  estate, 
if  any,  to  which  the  child  is  heir,  and  the  insurance,  if  any,  on  the 
father's  or  mother's  life;  so  far  as  can  be  ascertained,  the  place  where 
either  parent  or  both  died,  the  nativity  of  the  parents,  where  married, 
the  marriage  certificate,  whore  recorded,  when  they  came  to  California, 
place  of  residence  in  California,  and  habits  of  sobriety. 

2.  A  book  entitled  "monthly  accounts."  In  it  must  be  entered  on  the 
debtor  side,  all  the  moneys  received  from  any  and  all  sources  segre- 
gated under  the  proper  heads;  on  the  credit  side  must  be  entered  all 
disbursements  made,  specifying  for  what  purposes  made,  and  the  amount 
entered  in  detail  so  disbursed,  segregated  under  the  proper  heads. 

3.  A  pay-roll  of  the  employees,  and  the  amounts  disbursed  to  each. 

4.  A  book  in  which  must  be  entered  in  detail  the  amounts  paid  for  the 
specific  support  of  every  orphan,  half  orphan,  or  abandoned  child  and  the 
date   of   such   payments. 

5.  A  transcript  of  the  books  and  pay-roll,  verified  under  oath  by  the 
manager  or  person  in  charge  of  such  institution  entitled  to  or  claiming 
state  aid  under  this  chapter,  must  bo  made  and  forwarded  to  the  state 
board  of  control  at  the  time  of  making  demand  or  presenting  claim  for 
state  aid,  covering  the  time  for  which  said  claim  or  demand  for  state 
aid  is  made. 

G.  A  list  of  all  the  inmates  other  than  employees  or  orphans  supported 
wholly  or  in  part  by  any  institution  presenting  a  claim  for  state  aiil 
under  this  chapter,  must  also  be  forwarded  with  such  claim  for  aid. 
[Amendment  approved   May  2G,   1913;   Stats.   1913,   p.   630.] 

Board  of  control  may  inquire  into  institutions.  Children's  agents. 
Salary, 
§  2286.  The  state  board  of  control  is  authorized,  in  behalf  of  the  state, 
at  any  time  to  inquire,  either  in  person  or  by  authorized  agent  into  the 
management  of  any  such  institution;  and  any  institution  refusing,  upon 
due  demand,  to  permit  such  inquiry  or  to  comply  with  regulations  es- 
tablished by  said  hoard  for  the  proper  maintonaiue  and  care  of  chihlren 
receiving  state  aid  must  not  thereafter  receive  any  aid  ander  this  chapter 


485  POLITICAL  CODE.  §§  2287-2289 

until  it  has  complied  with  all  requirements.  To  carry  out  the  provisions 
of  this  act,  the  state  board  of  control  may  appoint  three  children's  agents 
who  shall,  under  the  rules  of  said  board,  visit  the  homes  and  the  institu- 
tions in  which  are  children  to  whom  state  aid  is  being  given  or  for  whom 
aid  is  being  asked,  to  obtain  such  information  as  the  board  may  need  in 
carrying  out  the  provisions  of  this  chapter.  Such  agents  shall  receive 
their  necessary  traveling  expenses  and  a  salary  of  one  hniulred  and  seventy- 
five  dollars  per  month,  which  salary  shall  be  paid  in  the  same  manner  and 
at  the  same  time  as  the  salaries  of  other  state  officers.  All  expenses  in- 
curred in  visiting  said  asylums  and  homes,  when  there  are  no  other  avail- 
able funds,  may  be  audited  and  allowed  by  the  state  board  of  control  out 
of  the  appropriation  for  support  of  orphans,  half  orphans,  and  abandoned 
children.  In  addition  an  advisory  committee  of  three  persons  serving 
without  pay  or  expense  to  the  state  may  be  appointed  by  the  board  of  con- 
trol, to  act  in  any  county  in  conjunction  with  the  children's  agents. 
[Amendment  approved  May  26,  1913;  Stats.   1913,  p.  G31.] 

Facts   contained  in  claims. 

§  2287.  Every  claim  for  aid  under  this  chapter  must  be  presented  to 
and  audited  and  allowed  by  the  state  board  of  control.  Such  claim  must 
contain: 

1.  The  name  and  location  of  the  institution  making  the  claim,  or  the 
name   of  the   county. 

2.  The  name  of  the  person  or  persons  having  charge  or  control  of  the 
institution  or  of  the  child. 

3.  The  number  of  orphans,  half  orphans,  or  abandoned  children  therein, 
in  the  case  of  an  institution. 

4.  The  date  of  admission  and  age  of  each  child. 

5.  The  amount,  if  an}',  that  the  institution  is  receiving  for  the  specific 
support  of  any  orphan,  half  orphan,  or  abandoned  child  therein.  Such 
claim,  and  the  statements  therein  contained,  must  be  verified  by  the 
person  or  persons,  or  some  of  them,  in  charge  of  such  institution,  or  in 
the  case  of  counties,  by  the  county  officers  in  charge  of  the  distribution 
of  aid,  and  the  state  board  of  control  may,  in  its  discretion,  require  the 
production  of  the  books  of  such  institution  or  county  in  support  of  such 
claim.      [Amendment  approved  May  26,  1913;  Stats.  1913,  p.  631.] 

Institutions  must  have  twenty  inmates.     Age  of  minor.     Receiving  ten 
dollars  for  child.     Parents  must  have  resided  in  state.     Home  for 
child. 
§  2289.     In   order    that    the    provisions    of    this    chapter    shall    not   be 
abused,  it  is  hereby  declared: 

1.  That  no  institution  which  has  less  than  twenty  inmates  of  either 
or  all  of  the  classes  mentioned  in  section  2283,  must  be  deemed  an  in- 
stitution for  the  support  and  maintenance  of  minor  orphans,  half  orphans, 
or  abandoned  children,  within  the  intent  and  meaning  of  this  chapter. 


§§  2293-2295  political  code.  486 

2.  That  no  child  over  the  age  of  fourteen  years  shall  be  deemed  a 
minor  orf)han,  half  orphan,  or  abandoned  child,  within  the  intent  and 
meaning  of  this  chapter. 

.3.  That  no  child  for  whose  specific  support  there  is  paid  to  any  such 
institution  the  sum  of  ten  dollars  or  more  per  month  shall  be  deemed  a 
minor  orphan,  half  orphan,  or  abandoned  child  within  the  intent  and 
meaning  of  this  chaj>ter. 

4.  That  no  child  whose  parent  or  parents  have  not  resided  in  this 
state  for  at  least  three  years  prior  to  the  application  for  aid,  or  whose 
parent  or  parents  have  not  become  citizens  of  this  state  shall  be  deemed 
a  minor  orphan,  half  orphan  or  abandoned  child  within  the  intent  and 
meaning   of   this   chapter. 

5.  That  no  child  maintained  in  an  institution  for  whom  a  bona  fide 
offer  of  a  proper  home  has  Ijcen  made  shall  be  considered  eligible  for 
further  state  aid;  it  is  further  provided,  however,  that  no  institution 
shall  be  required  to  surremler  a  child  to  any  person  of  religious  faith 
different  from  that  of  the  child  or  the  parents  of  the  child.  [Amend- 
ment approved  May  26,  1913;  Stats.  1913,  p.  632.] 

Powers  and  duties  of  state  library  trustees. 

§  2293.     The  powers  and  duties  of  the  board  are  as  follows: 

1.  To  make  rules  and  regulations,  not  inconsistent  with  law,  for  its 
government  and  for  the  government  of  the  library; 

2.  To  appoint  a  librarian,  who  may  appoint  an  assistant  state  librarian; 
said  assistant  shall   lie  a  civil  executive  officer; 

3.  To  authorize  the  librarian  to  appoint  such  other  assistants  as  may 
be  necessary; 

4.  To  sell  or  exchange  duplicate  copies  of  books; 

5.  To  keep  in  order  and  repair  the  books  and  property  in  the  library; 

6.  To  draw  from  the  state  treasury  at  any  time,  all  moneys  therein 
belonging  to  the  library  fund; 

7.  To  prescribe  rules  and  regulations  permitting  persons  other  than 
those  named  in  section  2296,  to  have  the  use  of  books  from  the  library. 

8.  To  collect  and  preserve  statistics  and  other  information  pertaining 
to. libraries,  which  shall  be  available  to  other  public  libraries  within  the 
state  applying  for  the  same; 

9.  To  make  to  the  governor,  biennially,  a  report  of  its  transactions; 

10.  To  establish,  in  their  discretion,  deposit  stations  in  various  parts 
of  the  state,  under  the  control  of  an  ofl^cer  or  employee  of  the  state 
library;  provided,  that  no  book  shall  be  kept  permanently  away  from  the 
main  library,  which  mav  be  required  for  official  use.  [Amendment  ap- 
proved June  16,  1913;   Stats.  1913,  p.  1149.] 

Duties  of  state  librarian. 

§  2295.     It  is  the  duty  of  the  librarian: 

1.  To  be  in  attendance  at  the  library  during  office  hours. 


487  POLITICAL  CODE.  §  2295a 

2.  To  act  as  secretary  of  the  board  of  trustees,  and  keep  a  record  of 
their  proceedings. 

3.  To  purchase  books,  maps,  engravings,  paintings  and  furniture  for 
the   library. 

4.  To  number  and  stamp  all  books  and  maps  belonging  to  the  library, 
and  to  keep  a  catalogue  thereof. 

5.  To  have  bound  all  books  and  papers  that  require  binding. 

6.  To  keep  a  register  of  all  books  and  property  added  to  the  library, 
and  of  the  cost  thereof. 

7.  To  keep  a  register  of  all  books  taken  from  the  library. 

8.  To  index  the  statutes  of  each  session  of  the  legislature  and  to  fur- 
nish the  marginal  notes  therefor;  to  index  the  journals  and  resolutions 
of  the  senate  and  assembly. 

9.  To  revise  and  bring  up  to  date  the  "Index  to  the  laws  of  Cali- 
fornia," whenever  provision  for  printing  and  binding  the  volume  may  be 
made. 

10.  To  compile  such  volumes  and  pamphlets  of  laws  or  other  matter 
as  may  be  required  by  any  state  officer  or  department  in  the  exercise 
of  his  or  its  official  duties,  or  as  may  be  required  for  the  general  in- 
formation of  the  people  of  the  state.  Before  any  work  of  compiling  or 
printing  any  such  publication  may  be  undertaken  by  the  state  librarian 
the  facts  in  each  case  must  be  presented  to  the  state  board  of  control 
for  its  approval.  It  shall  be  the  duty  of  the  officer  or  department  requir- 
ing such  compilation  to  furnish  the  state  librarian  with  such  data  and 
information  as  he  may  require.  The  cost  of  printing  a  publication  re- 
quested by  an  officer  or  department  shall  be  paid  for  out  of  the  printing 
fund  of  such  officer  or  department.  The  cost  of  printing  a  publication  for 
the  general  information  of  the  people  of  the  state  shall  be  paid  for  out 
of  the  fund  appropriated  for  that  purpose.  [Amendment  approved  June 
16,  1913;  Stats.  1913,  p.  1150.] 

Publications  furnished  state  library. 

§  2295a.  It  shall  be  the  duty  of  the  superintendent  of  state  printing 
to  furnish  to  the  state  library,  as  soon  as  issued,  two  hundred  and  fifty 
copies  of  all  reports  and  other  publications  of  state  officers,  commissions 
and  departments.  Twent^'-five  of  the  documents  so  furnished  shall  be 
bound  copies.  Of  the  publications  issued  from  day  to  day  during  the 
sessions  of  the  legislature,  there  shall  be  furnished  to  the  state  library 
as  many  as  may  be  required  by  the  librarian.  The  state  librarian 
shall,  in  his  discretion,  distribute  publications  so  received  to  the  public 
libraries,  and  other  educational,  scientific,  literary  or  art  institutions 
of  this  state,  which  may  apply  to  be  put  on  the  mailing  list  for  all  or  a 
portion  of  the  state  publications;  and  to  such  libraries  and  other  in- 
stitutions outside  this  state  with  which  the  state  librarian  may  have 
established  exchange  relations.  In  the  discretion  of  the  state  librarian, 
remaining  copies  of  state  publications,  except  those  publications  required 
by  law  to  be  sold,  may  be  distributed  to  any  person  applying  therefor. 
[Amendment  approved  June  16,   1913;   Stats.   1913,  p.   1151.] 


§§  2300-2319  POLITICAL  code.  4SS 

Fund. 

§  2300.  The  moneys  appropriated  by  tbe  lep^islature  for  tlie  main- 
tenance of  the  state  library  shall  constitute  the  state  library  fund. 
[Amendment  approved  June  16,  1913;  Stats.  1913,  p.  1151.] 

Salaries  of  deputies. 

§  2303.     [Repealed  June  16,  1913;  Stats.  1913,  p.  1151.] 

§  2314. 

Citations.      Cal.   157/423. 

Commissioner  of  horticulture,  appointment,  temos,  etc. 

§  2319.  The  state  fommi^siouor  of  horticulture  of  California  shall 
be  a  citizen  and  resident  of  this  state,  and  his  term  shall  be  for  four 
years,  and  until  his  successor  is  appointed  and  qualified.  The  governor 
may  remove  such  commissioner  from  office  at  any  time  upon  filing  with 
the  secretary  of  state  a  certificate  of  removal  signed  by  the  governor. 
In  the  case  of  vacancy  in  said  office  by  death,  resignation,  removal  from 
office,  or  other  cause,  the  governor  shall  fill  the  vacancy  for  the  unex- 
pired term.  In  appointing  such  commissioner  and  his  successor  or  suc- 
cessors, it  shall  be  the  duty  of  the  governor  to  disregard  political  affilia 
tions,  and  to  be  guided  in  his  selection  entirely  by  the  jirofessional 
and  moral  qualifications  of  the  per.son  so  selected  for  the  performance 
of  the  duties  of  said  office.  Said  commissioner  shall  be  a  civil  execu- 
tive officer.  The  salary  of  said  commissioner  shall  be  four  thousand 
dollars  per  annum,  and  he  shall  be  allowed  his  traveling  and  incidental 
expenses  necessary  in  the  discharge  of  his  duties.  For  the  direction  and 
accomplishment  of  his  work  the  said  commissioner  may  and  is  hereby 
empowered  to  appoint  certain  deputies,  secretary,  quarantine  officers, 
sujicrinteudents,  assistants,  and  clerk  as  hereinafter  provided,  who  shall 
hold  office  at  the  pleasure  of  said  commissioner  ami  perform  any  and 
all  duties  pertaining  to  their  office  or  emjiloyment  which  the  said  com- 
missioner may  require  of  each  of  them,  and  may  be  removed  from  office 
or  position  at  any  time  by  said  commisj-ioner  filing  with  the  secretary 
of  state  a  certificate  signed  by  said  commissioner  so  removing  such  dep- 
uty, secretary,  quarantine  officer,  superintendent,  assistant,  or  clerk.  The 
traveling  and  other  necessary  expenses  incurred  by  the  officers  anxl  em- 
ployees herein  jirovided  for  in  the  ])erformance  of  their  duties  shall  be 
paid  from  the  funds  appropriated  for  the  supjiort  of  the  office  of  the 
state  commissioner  of  horticulture.  Said  commissioner  may  arrange  his 
office  into  three  divisions,  to  wit:  executive,  office,  quarantine  division, 
insectary  and  pathological  division.  Said  commissioner  may  appoint  a 
chief  deputy  who  shall  be  an  expert  entomologist  and  horticulturist  and 
shall  have  charge  of  the  work  in  the  field  and  shall  represent  the  com- 
missioner ex  officio  with  the  county  horticultural  commissioners  when 
80  authorized  in  accordance  with  the  provisions  of  the  law.  Such  chief 
deputy  shall  receive  a  salary  of  two  th.iusand  four  hundred  dollars  per 


489  POLITICAL    CODE,-  §  2319 

annum.  Said  commissioner  may  appoint  a  secretary,  who  shall  be  a  civil 
executive  officer.  Said  secretary  shall  be  versed  in  horticulture  and 
entomology  and  shall  compile  such  bulletins  and  such  publications  as 
may  issue  from  the  office  of  said  commissioner  from  time  to  time,  and 
shall  perform  all  other  duties  as  may  be  required  of  him  by  said  com- 
missioner. Such  secretary  shall  receive  a  salary  of  two  thousand  four 
hundred  dollars  per  annum.  Said  commissioner  may  appoint  a  Merk 
whose  salary  shall  be  one  thousand  five  hundred  dollars  per  annum.  The 
main  office  of  such  commissioner  shall  be  at  the  city  of  Sacramento. 
The  secretary  of  state  shall  furnish  and  set  aside  at  the  capitol  a  room 
or  rooms  suitable  for  offices  for  said  commissioner,  and  if  the  secretary 
of  state  shall  make  and  file  an  affidavit  with  the  said  commissioner 
stating  that  it  is  not  possible  for  him,  as  such  secretary  of  state,  to  pro- 
vide and  set  aside  an  office  for  said  commissioner  in  the  capitol  or  in 
any  state  building  under  his  control,  because  there  is  no  such  office 
room  or  rooms  available,  then,  and  after  the  making  and  delivery  of 
such  affidavit  to  such  commissioner,  the  said  commissioner  may  rent 
rooms  convenient  and  suitable  for  his  offices  at  a  rental  not  to  exceed 
one  thousand  dollars  per  3'ear.  The  office  of  said  commissioner  shall  be 
kept  open  every  day  except  holidays,  and  shall  be  in  charge  of  the  sec- 
retary, during  the  absence  of  the  commissioner.  Said  commissioner  may 
also  keep  and  maintain  an  office  in  the  city  and  county  of  San  Fran- 
cisco at  a  yearly  rental  not  to  exceed  the  sum  of  five  hundred  dollars. 
Said  commissioner  may  ajipoint  for  the  work  of  the  quarantine  division 
a  chief  deputy  quarantine  officer  who  shall  be  a  skilled  entomologist 
and  particularly  conversant  with  the  nature  of  foreign  insect  pests  and 
diseases  and  effective  means  of  preventing  their  introduction,  and  shall 
have  charge  of  the  commissioner's  San  Francisco  office  provided  for  in 
this  section  of  this  act.  Such  chief  deputy  quarantine  officer  shall 
receive  a  salarj^  of  two  thousand  four  hundred  dollars  per  annusn.  Said 
commissioner  may  appoint  a  deputy  quarantine  officer  who  shall  be  a 
competent  entomologist  for  the  purpose  of  quarantine  work.  Such  dep- 
uty quarantine  officer  shall  receive  a  salary  of  one  thousand  eight  hun- 
dred dollars  per  annum.  Said  commissioner  shall  also  properly  maintain 
and  operate  the  state  insectary  located  on  the  state  capitol  grounds  in 
Sacramento  from  funds  provided  by  law  for  such  purpose,  and  shall 
appoint  for  the  work  of  the  insectary  division  a  superintendent  of  the 
insectary,  who  shall  be  an  expert  entomologist  able  to  perform  all  the 
necessary  duties  with  reference  to  the  importation,  rearing  and  distribu- 
tion of  beneficial  insects.  The  salary  of  the  superintendent  of  the 
state  insectary  shall  be  two  thousand  four  hundred  dollars  per  annum. 
Said  commissioner  may  appoint  an.  assistant  superintendent  of  the 
insectary  who  shall  be  an  economic  entomologist,  at  a  salary  of  one 
thousand  eight  hundred  dollars  per  annum.  Said  commissioner-  may 
appoint  a  field  deputy  for  the  insectary  division,  who  shall  be  a  prac- 
tical entomologist  and  whose  salary  shall  be  one  thousand  five  hundred 
dollars   per   annum.     The    salaries    of    all   the    officers   above    mentioned 


§§  2319a,  2319b      political  code.  490 

shall  be  paid  at  the  same  time  and  in  the  same  manner  as  the  salaries 
of  other  state  officers.  Said  commissioner  may  also  appoint,  by  and  with 
the  approval  of  the  governor,  such  temporary  deputies  from  time  to 
time  as  may  be  required  and  such  temporary  deputies  shall  receive  such 
reasonable  compensation  per  diem  as  may  be  fixed  bv  said  commissioner. 
[Amendment  approved  April  26,  1911;  Stats.  1911,  p.' 1127.] 

Duties  of  commissioner  of  horticulture.     State  horticulture   quarantine 

officer. 

§  2319a.  Such  commissioner  shall  collect  books,  pamphlets  and 
periodicals  and  other  documents  containing  information  relating  to 
horticulture  and  shall  preserve  the  same;  collect  statistics  and  other 
information  showing  the  actual  condition  and  progress  of  horticulture 
in  this  state  and  elsewhere;  correspond  with  horticultural  societies, 
colleges  and  schools,  and  with  the  county  horticultural  commissioners 
existing  or  that  may  exist  in  this  state,  and  with  all  other  persons  neces- 
sary to  secure  the  best  results  to  horticulture  in  this  state.  He  shall 
require  reports  from  county  horticultural  commissioners  in  this  state, 
and  may  print  the  same  or  any  part  thereof  as  he  may  select,  either 
in  the  form  of  bulletins  or  in  his  annual  reports  or  both,  as  he  shall 
deem  proper.  He  shall  issue  and  cause  to  be  printed  and  distributed 
to  county  horticultural  commissioners  in  this  state,  and  to  such  other 
persons  as  he  may  deem  proper,  bulletins  or  statements  containing  all 
the  information  best  adapted  to  promote  the  interest  and  protect  the 
business  and  development  of  horticulture  in  this  state.  Such  com- 
missioner shall  be  deemed  to  be  the  state  horticultural  quarantine  officer 
mentioned  in  that  certain  act  en'titleil,  "An  act  for  the  protection  of 
horticulture,  and  to  prevent  the  introduction  into  this  state  of  insects, 
or  diseases,  or  animals  injurious  to  fruit  or  fruit  trees,  vines,  bushes, 
or  vegetables,  and  to  provide  for  a  quarautine  for  the  enforcement  of 
this  act,"  which  became  a  law  under  constitutional  provisions  without 
the  governor's  approval  on  March  11,  1899,  for  the  purposes  of  that  act, 
and  shall  be  empowered  to  perform  the  duties  which  under  that  act 
are  to  be  performed  by  the  state  horticultural  quarantine  officer;  pro- 
vided, that  in  any  case  where  it  shall  become  necessary  in  the  judgment 
of  the  state  commissioner  of  horticulture  to  quarantine  a  county  or 
district  within  the  state  against  another  or  other  county  or  counties  or 
districts  within  the  state,  or  to  quarantine  the  state  or  a  county  or  dis- 
trict of  the  state  against  another  state  or  a  foreign  country  or  countries 
then  it  shall  be  necessary  that  said  quarantine  shall  be  made  by  and 
■with  the  approval  of  the  governor  as  provided  in  this  chapter. 

The  state  commissioner  of  horticulture  may  issue  commissions  as  quar- 
antine guardians  to  the  county  horticultural  commissioners,  the  deputies 
and  inspectors  appointed  by  them,  [.\meudment  approved  April  26, 
1911;   Stats.  1911,  p.  1129.] 

Quarantine  regulations. 

§  2319b.  iSaid  commissioner  may,  by  and  with  the  approval  of  the 
governor,    establish,    maintain    and    ontono    such    quarantine    regulations 


491  POLITICAL  CODE.       §§  2319c,  2319d 

as  may  be  deemed  necessary  to  protect  the  nurseries,  trees,  shrubs, 
plants,  vines,  cuttings,  grafts,  scions,  buds,  fruit-pits,  fruit,  seeds,  vege- 
tables or  other  articles  of  horticulture,  against  contagion  or  infection 
by  injurious  disease,  insects  or  pests,  by  establishing  such  quarantine  at 
the  boundaries  of  this  state  or  elsewhere  within  the  state,  and  he  may 
make  and  enforce,  with  the  approval  of  the  governor,  any  and  all  such 
rules  and  regulations  as  may  be  deemed  necessary  to  prevent  any  in- 
fected stock,  tree,  shrub,  plant,  vine,  cutting,  graft,  scion,  bud,  fruit- 
pit,  fruit,  seeds,  vegetable  or  other  article  of  horticulture,  from  passing 
over  any  quarantine  line  established  and  proclaimed  pursuant  to  this  act, 
and  all  such  articles  shall,  during  the  maintenance  of  such  quarantine, 
be  inspected  by  such  commissioner  or  by  deputies  appointed  in  writing 
by  said  commissioner,  and  he  and  the  deputies  so  conducting  such  inspec- 
tion shall  not  permit  any  such  article  to  pass  over  such  a  quarantine 
line  during  such  quarantine,  except  upon  a  ecrtificate  of  inspection 
signed  by  such  commissioner  or  in  his  name  by  such  a  deputy  who  has 
made  such  inspection.  All  approvals  by  the  governor  given  or  made 
pursuant  to  this  act  shall  be  in  writing  and  signed  by  the  governor  in 
duplicate,  and  one  copy  thereof  shall  be  filed  in  the  office  of  the  secre- 
tary of  state  and  the  other  in  the  office  of  said  commissioner  before  such 
approval  shall  take  effect.  [Amendment  approved  April  26,  1911:  Stats. 
1911,  p.  1130.] 

Infectious  diseases,  etc.     May  establish  quarantine. 

§  2319c.  Upon  information  received  by  such  commissioner  of  the  ex- 
istence of  any  infectious  disease,  insect  or  pest,  dangerous  to  any  article, 
or  to  the  interests  of  horticulture  within  this  state,  or  that  there  is  a 
probability  of  the  introduction  of  any  such  infectious  disease,  insect  or 
pest  into  this  state  or  across  the  boundaries  thereof,  he  shall  proceed  to 
thoroughly  investigate  the  same  and  may  establish,  maintain  and  enforce 
quarantine  as  hereinbefore  provided,  with  such  regulations  as  may  be 
necessary  to  circumscribe  and  exterminate  or  eradicate  such,  infectious 
diseases,  insects  or  pests,  and  prevent  the  extension  thereof,  and  is  hereb}^ 
authorized  to  enter  upon  any  ground  or  premises,  and  inspect  any  stock, 
tree,  shrub,  plant,  vine,  cutting,  graft,  scion,  bud,  fruit-pit,  fruit,  seed, 
vegetable  or  other  article  of  horticulture  or  implement  thereof  or  box 
or  package  pertaining  thereto,  or  connected  therewith  or  that  has  been 
used  in  packing,  shipping  or  handling  the  same,  and  to  open  any  such 
package,  and  generally  to  do,  with  the  least  injury  possible  under  the 
conditions  to  property  or  business,  all  acts  and  things  necessary  to  carry 
out  the  provisions  of  this  chapter.  [Amendment  approved  April  26,  1911; 
Stats.  1911,  p.  1131.] 

Pests  to  be  reported  to  county  horticultural  commissioners.    Duty  of  com- 
missioner^. 
§  2319d.     Upon    the    discovery    of    any    infectious    disease,    insects    or 
pests,    such    commissioner    shall    immediately    report    the    same    to    such 
quarantine    guardians,     county    horticultural     commissioners    or     county 


§§2319e,  2319f  political  code.  492 

boards  of  horticulture  of  such  counties  as  are  afifeeted  or  liable  to  be 
affected  by  the  disease,  insect  or  pest,  together  with  a  statement  as  to 
the  best  known  means  or  method  for  circumscribing,  exterminating  or 
eradicating  the  same',  and  shall  state  therein  specifically  what  treatment 
or  method  should  be  applied  in  each  case,  as  the  matter  may  require, 
with  a  detailed  statement  or  prescription  as  to  the  method  of  making  or 
procuring  and  of  applying  any  preparation  or  treatment  so  recommended 
therefor,  and  the  time  and  duration  for  such  treatment,  and  if  chemicals 
or  articles  be  required  other  than  those  usually  obtainable  in  any  town, 
the  place  or  places  where  they  are  most  readily  to  be  obtained;  and 
upon  the  receipt  of  such  statement  by  any  quarantine  guardian,  county 
horticultural  commissioner  or  county  board  of  horticulture,  or  any 
member  thereof  it  shall  be  the  duty  of  such  quarantine  guardian,  county 
horticultural  commissioner  or  county  board  of  horticulture  to  distribute 
such  statement  in  written  or  printed  form  to  every  person  owning  or 
having  charge  or  possession  of  any  orchard,  nursery  stock,  tree,  shrub, 
plant,  fruits  or  articles  of  horticulture  within  their  county,  where  there 
may  be  or  be  likely  to  be  any  danger  to  the  interests  of  horticulture, 
and  such  a  statement  must  be  served  with  or  be  a  part  of  the  notice  to 
be  given  to  the  owner  or  owners  or  person  or  persons,  in  possession  of 
any  orchard,  nursery,  tree,  shrub,  plants,  fruits  or  other  articles  of  horti- 
culture, referred  to.  provided  for,  ami  required  to  be  served  in  and  by 
section  2  of  chapter  183  of  tlio  laws  of  1SI>7  or  any  amendments  which 
have  been  or  may  be  made  thereto.  [Amendment  approved  April  26, 
1911;  Stats.   1911,  p.  1131.] 

State  commissioner  to  co-operate  with  United  States  authorities.  To 
notify  fiovernor  of  quarantine  lines. 
§  2319e.  \Vli(Mievor  it  j-hall  be  uiicssary  to  establish  quarantine  under 
this  ch.ipter,  it'  there  be  any  authorities  or  officers  of  the  United  States 
having  authority  to  act  in  such  manner,  or  any  part  thereof,  the  said 
state  commissioner  of  horticulture  shall  notify  such  authorities  or  officers 
of  tlie  Uhited  States,  socking  tiieir  co-operation  as  far  as  possible 
wheresoever  the  jurisdiction  of  the  United  States  extends  and  is  being 
exercised.  The  said  ( ouiniissioner  shall  at  once  notify  the  governor  of 
all  quarantine  lines  established  under  or  pursuant  to  this  chapter,  and 
if  tlie  governor  ajiprove  or  shall  have  apjiroved  of  the  same  or  any 
portion  thereof  the  same  shall  be  in  effect  and  the  governor  may  issue  his 
jiroclamation  proclaiming  the  boundaries  of  such  quarantine  and  the 
nature  thereof,  and  the  order,  rules  or  regulations  prescribed  for  the 
maintenance  and  enforcement  of  the  same,  and  may  publish  said  procla- 
mation in  such  manner  as  he  may  deem  expedient  to  give  proper  notice 
thereof.     [Amendment  approved  April  26,  1911;  Stats.   1911,  p.  1132. J 

£tate  commissioner  ex-officio  county  commissioner. 

§  2319f.  The  saiil  state  conimissioiior  sh;ill  be  ex  officio  a  county  com- 
missioner of  horticulture  wherever  siuh  county  commissioner  has  been 
appointed  or  may  hereafter  be  appointed  or  exist  in  this  state  pursuant 


493  POLITICAL  CODE.  §§  2319h-2322 

to  law,  -whenever  he  is  present  and  acting  with  said  county  horticultural 
commissioner  within  such  county  where  such  commissioner  has  been 
appointed.     [Amendment  approved  April  26,  1911;   Stats.  1911,  p.  1132.] 

Annual  reports. 

§  2319h.  It  shall  be  the  duty  of  the  state  commissioner  of  horticulture 
to  report  in  the  month  of  January  in  each  even-numbered  year  to  the 
pjovernor,  and  in  each  odd-numbered  year  to  the  legislature  of  this  state 
the  horticultural  conditions  of  the  state  with  statistics  regarding  the 
same,  the  efficiency  of  tiie  work  of  the  county  horticultural  commis- 
sioners of  the  state  and  such  other  matters  as  he  may  deem  expedient 
or  as  may  be  required  either  by  the  governor  or  legislature,  and  to 
include  a  statement  of  all  the  persons  employed  and  moneys  expended 
under  this  chapter  by  itemized  statements  thereof.  [Amendment  ap- 
proved April  26,  1911;  Stats.  1911,  p.  1132.] 

Payment  of  expenses. 

§  2319J.  All  moneys  paid  hereunder  shall  be  paid  by  the  state  treas 
urer  from  moneys  appropriated  for  the  support  of  the  office  of  state 
commissioner  of  horticulture,  and  expenses  other  than  the  salary  of  the 
commissioner,  the  compensation  of  his  deputies,  secretary,  quarantine 
officers,  superintendents,  assistants,  and  clerk,  as  allowed  and  provided 
by  this  chapter,  must  be  certified  "by  the  said  commissioner  and  be  ap- 
proved by  the  state  board  of  examiners  before  being  audited  and  paid. 
[Amendment  approved  April  26,  1911;  Stats.  1911,  p.  1133.] 

County  horticultural  commissioners. 

§  2322.  Whenever  a  petition  is  presented  to  the  board  of  supervisors 
of  anj'  county,  or  city  and  county,  and  signed  by  twenty-five  or  more 
persons  each  of  whom  is  a  resident  freeholder  and  possessor  of  an  orchard, 
or  greenhouse  or  nursery,  stating  that  certain  or  all  orchards,  or  nur- 
series or  trees  or  plants  of  any  variety  is  infested  with  any  serious 
infectious  diseases,  or  insects  of  any  kind  injurious  to  fruit,  fruit  trees, 
vines,  or  other  plants  or  vegetables,  or  that  there  is  growing  therein 
the  Russian  thistle  or  saltwort  (Salsoli  kali  var.  tragus),  Johnson  grass 
(Sorghum  halepense)  or  other  noxious  weeds,  codlin  moth  or  other  insects 
that  are  destructive  to  trees  or  plants;  and  praying  that  a  commissioner 
be  appointed  by  them,  whose  duties  shall  be  to  supervise  the  destruction 
of  said  insects,  diseases  or  Russian  thistle  or  saltwort,  Johnson  grass 
or  other  noxious  weeds,  as  herein  provided,  the  board  of  supervisors  shall 
immediately  notify  the  state  board  of  horticultural  examiners  to  furnish 
them  a  list  of  eligibles  or  competent  persons  as  hereinafter  provided, 
and  from  such  list  the  said  supervisors  shall  appoint  a  commissioner  in 
accordance  with  the  provisions  of  this  chapter,  whose  term  of  office  shall 
be  for  four  years  and  until  his  successor  shall  be  appointed  and  qualified 
and  who  shall  give  a  bond  in  the  sum  of  one  thousand  dollars  for  the 
faithful  performance  of  his  duties.  The  said  term  of  office  of  any  and 
all  county  commissioners  heretofore  or  hereinafter  appointed  shall  com- 


§  2322  POLITICAL   CODE.  49-i 

mence  on  the  date  of  appointment,  and  be  for  a  period  of  four  years 
and  until  his  successor  shall  be  appointed  and  qualified,  at  the  end  of 
which  period  the  said  term  shall  terminate,- and  said  term  shall  run  with 
and  be  attached  to  said  office.  In  any  case  where  such  petition  has 
already  been  presented  or  submitted,  or  is  on  file  at  th^  time  of  the 
passage  of  this  act,  as  the  basis  for  the  appointment  of  a  board  of 
horticultural  commissioners  under  this  chapter  as  heretofore  existing,  such 
petition  shall  continue  in  full  force  and  effect  and  the  board  of  super- 
visors of  any  county,  or  city  and  county,  with  which  any  such  petition 
has  been  filed,  or  in  which  any  board  of  horticultural  commissioners  has 
heretofore  existed,  must  appoint  a  county  horticultural  commissioner. 
The  person  appointed  to  such  position  must  be  specially  qualified  for  his 
duties  and  must  be  chosen  and  appointed  by  the  board  of  supervisors 
from  a  list  of  eligible  persons,  recommended  and  nominated  to  said  board 
as  hereinafter  provided,  such  appointment  to  be  made  within  thirty  days 
after  receipt  of  said  list  by  said  board  of  supervisors,  and  the  said 
board  of  supervisors  shall  provide  a  suitable  office  for  the  said  commis- 
sioner, and  all  necessary  expenses  in  the  maintenance  of  said  office  shall 
be  paid  by  said  board  of  supervisors.  A  state  board  of  horticultural 
examiners  is  hereby  created,  consisting  of  the  dean  of  the  agricultural 
college  of  the  University  of  California,  the  state  commissioner  of  hor- 
ticulture and  the  superintendent  of  the  state  insectary,  who  are  ex-officio 
members  of  said  board.  They  shall  serve  without  pay,  and  said  board 
shall  provide  convenient  means  for  the  examination  of  candidates  for 
ai)pointnicnt  as  horticultural  commissioner.  While  in  the  performance 
of  their  duties  as  members  of  said  board  they  shall  be  allowed  all  their 
necessary  expenses  for  traveling,  printing,  postage  and  other  incidental 
matters  to  be  paid  out  of  anj-  appropriations  made  for  the  support  of 
the  office  of  the  state  commissioner  of  horticulture.  At  least  thirty  days 
before  the  date  of  the  examination  of  candidates  for  the  said  appoint- 
ments the  state  board  of  horticultural  examiners  shall  post  or  cause  to 
be  posted  in  three  public  places  in  said  county  notice  of  the  time  and 
place  at  which  such  examination  will  be  held,  setting  forth  the  condi- 
tions and  subjects  of  said  examination.  At  the  time  and  place  stated 
and  agreed  upon  such  examination  shall  be  held.  Said  examination  shall 
be  in  writing  and  the  board  of  horticultural  examiners  may  appoint  one 
of  their  own  number,  or  some  other  reliable,  competent  person  to  con- 
duct the  holding  of  such  examination  in  each  county  and  forward  the 
papers  of  each  applicant  to  the  board  for  consideration.  Within  twenty 
days  after  the  examination  is  held  said  examiners  shall  certify  to  the 
board  of  supervisors  of  the  county,  or  city  and  county  for  which  the 
examination  was  had,  the  names  of  such  persons  examined  as  they  deem 
.competent  and  qualified  for  the  office  and  from  the  list  of  names  so 
certified  the  supervisors  shall  within  thirty  days  after  the  receipt  of  said 
list  of  names  appoint  a  horticultural  commissioner.  As  far  as  possible 
the  board  of  horticultural  examiners  shall  consult  the  resident  horti- 
culturists   of    the    county    in    determining   the    responsibility    and    moral 


495  POLITICAL  CODE.  §  2322b 

qualifications  of  candidates  for  apjiointment  as  commissioners  and  whose 
names  they  certify  to  the  boards  of  sujjervisors  of  the  several  counties. 
If  DO  person  or  persons  present  themselves  for  examination  before  said 
board  of  horticultural  examiners  or  if  after  such  examination  no  person 
is  found  qualified,  the  state  board  of  horticultural  examiners  shall  name 
five  competent  persons  and  certify  them  to  the  board  of  supervisors  and 
from  these  names  the  board  of  supervisors  shall  within  thirty  days  after 
the  receipt  thereof  appoint  a  county  horticultural  commissioner,  and  in 
such  event  the  commissioner  so  appointed  shall  hold  oflRce  for  the  term 
of  one  year.  In  case  of  a  vacancy  in  the  office  of  horticultural  commis- 
sioner, the  vacancy  shall  be  filled  first  from  the  list  of  eligibles  certified 
to  the  board  of  supervisors  under  the  provision  of  this  chapter,  and  it 
there  be  no  person  named  on  the  said  list  of  eligible  persons  as  in  this 
section  first  above  provided,  then  said  vacancy  shall  be  filled  from  the 
list  of  competent  persons  named  as  in  this  section  last  above  provided, 
and  if  said  vacancy  shall  be  filled  from  the  said  list  of  eligibles  the  said 
person  so  appointed  shall  hold  for  the  balance  of  the  unexpired  term, 
but  if  the  said  vacancy  be  filled  from  the  said  list  of  competent  persons, 
the  said  person  shall  hold  for  the  balance  of  the  unexpired  term,  if  the 
said  unexpired  term  be  not  longer  than  one  year,  but  if  said  unexpired 
term  be  longer  than  one  year  then  such  person  shall  not  by  virtue  of  such 
appointment  hold  longer  than  one  year  from  the  date  of  his  appoint- 
ment. Whenever  elsewhere  in  the  laws  of  this  state  reference  is  made 
to  a  county  board  of  horticultural  commissioners  such  reference  must  be 
understood  to  mean  or  relate  to  the  county  horticultural  commissioner 
herein  provided  for  and  said  county  board  of  horticultural  commissioners 
and  the  members  thereof  shall  cease  to  exist  as  such;  provided,  that  all 
county  boards  of  horticultural  commissioners  existing  at  the  time  of  the 
passage  of  this  act  shall  continue  in  office,  with  full  power  as  hereto- 
fore existing  until  the  election  or  appointment  to  succeed  them,  of  a 
county  horticultural  commissioner  under  the  provisioTis  of  this  act.  Upon 
the  petition  of  twenty-five  resident  freeholders  who  are  possessors  of 
an  orchard,  greenhouse  or  nursery,  the  board  of  supervisors  may  remove 
said  commissioner  for  neglect  of  duty  or  malfeasance  in  office  after  hear- 
ing of  the  petition.  In  case  of  such  removal  upon  such  hearing,  the 
board  shall  immediately  proceed  to  fill  said  office  for  the  unexpired  term 
as  in  cases  of  vacancy  as  hereinbefore  provided.  [Amendment  approved 
March  25,  1911;  Stats'.  1911,  p.  490.] 

Powers  of  cominissioner.     Deputy,     Quarantine  g:uardians. 

§  2322b.  Said  county  horticultural  commissioner  shall  have  power  to 
divide  the  county  into  districts,  and  to  appoint  a  local  inspector,  to 
hold  office  at  the  pleasure  of  the  commissioner,  for  each  of  said  dis- 
tricts, and  may,  with  the  consent  and  approval  of  the  board  of  super- 
-_-Afisors,  appoint  a  deputy  horticultaral  commissioner  from  a  list  of  qualified 
persons  certified  to  the  board  of  supervisors  by  the  state  board  of  horti- 
cultural examiners,   such   deputy   to  hold   office   at   the   pleasure   of  the 


§§  2322c,  2322d       political  code.     -  496 

commissioner.  The  state  commissioner  of  horticulti're  may  issue  commis- 
sions as  quarantine  guardians  to  the  county  horticultural  commissioner, 
the  deputy  and  inspectors  appointed  by  him.  The  said  quarantine 
guardians,  local  inspectors,  deputies  or  the  said  county  horticultural  com 
missioner,  have  full  authority  to  enter  into  any  orchard,  nursery,  place 
or  places  where  trees  or  plants  or  fruit  are  kept  and  offered  for  sale  or 
otherwise,  or  any  house,  storeroom,  salesroom,  depot,  or  any  other  such 
place  in  their  jurisdiction,  to  inspect  the  same,  or  anv  part  thereof. 
[Amendment  approved  March  25,  1911;  Stats.  1911,  p.  493.] 

Record  and  report  of  commissioner.  Diseases,  scales,  etc.  Annual  meet- 
ing. 
§  2322c,  It  is  the  duty  of  the  said  county  horticultural  commissioner 
to  keep  a  record  of  his  official  doings  and  to  make  a  report  to  the  state 
commissioner  of  horticulture  on  or  before  the  first  day  of  October  of 
each  year  of  the  condition  of  the  horticultural  interests  in  their  several 
districts,  what  is  being  done  to  eradicate  insect  pests,  also  as  to  disin- 
fecting, and  as  to  quarantine  against  insect  pests  and  diseases,  and  as  to 
the  carrying  out  of  all  laws  relative  to  the  greatest  good  of  the  horti- 
cultural interests,  and  to  furnish  from  time  to  time  to  the  state  com- 
missioner of  horticulture  such  other  information  as  he  may  require. 
Said  state  commissioner  of  horticulture  may  publish  such  rej^orts  in 
bulletin  form  or  may  incorporate  so  much  of  the  same  in  his  annual  re- 
port as  may  be  of  general  interest.  Tt  is  also  made  the  duty  of  the 
county  horticultural  commissioner  to  advise  himself  with  reference  to  all 
infectious  diseases,  scale  insects  or  codlin  moth  or  other  pests  injurious 
to  fruit,  plants,  vegetables,  trees  or  vines,  and  with  their  eggs  or  larvae 
and  all  noxious  weeds  or  grasses  that  may  exist  in  his  county  or  be 
likely  to  exist  therein  and  for  the  purpose  of  so  advising  himself  and  of 
eradicating  and  jireventing  injury  from  such  causes,  and 'for  the  pur- 
pose of  advising  himself  on  the  best  and  most  efficacious  methods  of  per 
forming  his  duties  and  conducting  his  office  he  shall  attend  the  annual 
meeting  of  the  state  association  of  county  horticultural  commissioners, 
and  such  other  meetings  as  the  state  commissioner  of  horticulture  may 
require,  and  he  shall  be  paid  his  per  diem  compensation  and  traveling 
expeuses  while  so  engaged,  [.\nieudment  approved  March  25,  1911; 
Stats.  1911,  p.  493.] 

Salary  of  inspectors,  deputy  and  commissioner. 

§  2322d.  The  salary  of  all  iiis]iC(tors  working  under  the  county  hor- 
ticultural couiniissioner  is  three  dollars  and  fifty  cents  per -day.  The 
salary  of  the  deputy  shall  be  five  dollars  per  day  when  in  the  actual  per- 
formance of  his  duties  and  the  necessary  traveling  expenses.  In  the  case 
of  the  commissioner  himself  his  compensation  shall  be  six  dollars  per  day 
when  actually  engageil  in  the  performance  of  his  duties,  and  the  neces- 
sary traveling  expenses  incurred  in  the  discharge  of  his  regular  duties 
as  prescribed  in  this  chapter.  [Amendment  approved  March  25,  1911; 
Stats.  1911,  p.  493.] 


497  POLITICAL  CODE.  §§  2322e-2349 

Report  to  supervisors. 

§  2322e.  It  is  the  duty  of  the  county  horticultural  commissioner  to 
keep  a  record  of  his  official  acts,  and  make  a  monthly  report  to  the  board 
of  supervisors;  and  the  board  of  sujiervisors  may  withhold  warrants  for 
salary  of  said  commissioner,  deputy  and  inspectors  until  such  time  as 
such  report  is  made.  [Amendment  approved  March  25,  1911;  Stats.  1911, 
p.    194.] 

Streams  declared  navigable  and  public  ways. 

§  2349.  Certain  streams  and  waters  declared  navigable  and  are  de- 
clared public  ways:  The  following  streams  and  waters  are  declared  pub- 
lic ways:  So  much  of  a  slough  as  lies  between  Simonds  canal  in  the 
town  of  Alviso  and  the  bay  of  San  Francisco;  all  of  the  Coyote  river 
between  the  bay  of  San  Francisco  and  the  place  where  the  same  is  now 
crossed  by  the  tracks  of  the  Southern  Pacific  railroad  company;  all  of 
the  slough  known  as  the  Alviso  slough,  sometimes  called  Steamboat 
slough,  lying  between  the  bay  of  San  Francisco  and  the  place  where  *iie 
same  is  now  crossed  by  the  tracks  of  the  Southern  Pacific  railroad  torn 
pany;  all  of  the  slough  known  as  the  Guadelupe  slough,  and  being  the 
outlet  or  mouth  of  the  Guadelupe  river,  lying  between  San  Francisco 
bay  and  its  junction  with  Alviso  slough;  all  of  Devil's  slough  lying  within 
the  corporate  limits  of  the  city  of  San  .Jose,  or  of  the  town  of  Sunny- 
vale in  Santa  Clara  county,  and  extending  thence  to  San  Francisco  bay; 
Petaluma  river,  from  its  nioirth  to  the  southerly  line  of  Washington 
street,  in  the  city  of  Petaluma;  the  Sonoma  river,  between  its  mouth 
and  a  point  opposite  Fowler's  hotel  in  the  town  of  San  Luis;  the  Napa 
river,  between  its  mouth  and  a  point  sixty  feet  below  the  westerly  line 
of  Lawrence  street  in  the  city  of  Napa;  the  Suisun  river,  between  its 
mouth  and  the  town  of  Suisun  embarcadero;  the  Sacramento  river,  be- 
tween its  mouth  and  a  point  one  hundred  feet  below  Reid's  ferry,  in 
Shasta  county;  the  Feather  river,  between  its  mouth  and  a  point  fifty 
feet  below  the  bridge  crossing  Feather  river  first  above  the  mouth  of  the 
Yuba  river;  the  Yuba  river,  betw^een  its  mouth  and  a  point  at  the  mouth 
of  the  slough  at  the  foot  of  F  street,  in  the  city  of  Marysville;  the  San 
Joaquin  river,  between  its  mouth  and  Sycamore  point;  the  Stockton 
slough,  between  its  mouth  and  the  west  line  of  El  Dorado  street  in 
Stockton;  the  Mokelumne  river,  between  its  mouth  and  the  first  falls; 
the  Tuolumne  river,  between  its  mouth  and  Dickinson's  ferry;  Deer 
creek,  between  the  house  of  Peter  Lassen  and  its  mouth;  Big  river,  three 
miles  from  its  mouth;  Noyo  river,  three  miles  from  its  mouth;  Albion 
river,  three  miles  from  its  mouth;  San  Antonio  creek,  in  the  county 
of  Alameda,  from  its  mouth  to  the  old  embarcadero  of  San  Antonio; 
the  Arroyo  del  Medo,  in  the  county  of  Santa  Clara,  from  its  mouth  to 
the  upper  line  of  the  town  of  New  Haven;  Mission  creek,  in  the  county 
of  San  Francisco;  that  portion  of  Channel  street,  in  the  city  of  San 
Francisco,  lying  easterly  of  the  northeasterly  line  of  Seventh  street, 
the  width  thereof  to  be  one  hundred  forty  feet;  that  certain  creek  rui- 
32 


§  2349  POLITICAL   CODE.  498 

ning  through  the  tide-land  survey'  numbered  68,  and  swamp  and  over- 
flowed land  survey  numbered  145,  from  its  mouth  to  the  head  of  the  tide 
water  therein;  San  Leandro  creek,  from  its  mouth  at  San  Francisco  bay 
to  Andrew's  landing;  San  Lorenzo  creek,  from  its  mouth  at  San  Fran 
Cisco  bay  to  Robert's  landing;  John^^on's  creek,  from  its  mouth  at  San 
Francisco  bay  to  Simpson's  landing;  the  north  branch  of  Alameda  creek, 
from  its  mouth  to  Eden  landing;  San  Rafael  and  ("orte  Madera  creeks, 
in  Marin  county,  from  their  mouths  as  far  up  as  tidewater  flows  therein; 
the  Neuces  creek,  from  its  mouth  at  Suisun  bay  to  a  point  one-half  mile 
above  the  warehouse  of  George  P.  Loucks;  Diablo  creek,  from  its  junction 
with  the  Neuces,  to  a  point  opposite  the  warehouse  of  P'rank  Such,  in 
Contra  Costa  county;  the  Arroyo  de  San  Antonio,  or  Keys  creek  in 
Marin  county,  from  its  mouth  at  Tomales  bay  to  the  warehouses  on  the 
point  at  Keys  embarcadero;  all  the  streams  and  sloughs  emptying  into 
Klk  river;  and  all  the  streams  and  sloughs  south  of  Eureka,  in  Hum- 
boldt county,  which  are  now  or  at  any  time  have  been  used  for  the  pur- 
pose of  floating  logs  or  timber,  and  all  the  sloughs  south  of  Humboldt 
point,  in  said  county,  that  at  high  water  have  a  depth  of  two  feet  of 
water,  and  wide  enough  to  float  and  admit  a  boat  carrjing  five  tons 
or  more  freight;  Xovato  cretk,  or  estuary,  in  Marin  county  from  its 
mouth  to  Svvcetzer's  landing;  Salinas  river  and  Elkhorn  slough,  or  Estero 
Vie.io,  in  Monterey  county,  from  its  mouth  as  far  up  as  tidewater  flows; 
First  Napa  creek,  Second  Napa  creek,  and  Third  Napa  creek,  in  Sonoma 
county,  between  Napa  and  Sonoma  rivers;  More  Cojo  slough,  in  Mon- 
terey county,  from  Salinas  river  to  tidewater;  Gallinas,  or  Guyanas 
slough  or  creek,  in  Marin  county,  from  its  mouth  to  the  line  of  the 
Sonoma  and  Marin  railroad;  Clear  lake,  in  Lake  county;  provided,  that 
nothing  herein  contained  shall  be  deemed  to  interfere  with  rights  of 
owners  and  claimants  of  swamp  or  overflowe<l  land  around  the  margin 
of  said  Clear  lake  to  reclaim  the  same;  Ne^'port  bay.  in  the  county  of 
Orange,  and  all  arms  thereof,  the  sloughs  connecting  therewith  in  which 
the  tiile  ebbs  and  flows,  including  the  Santa  Ana  river  from  a  point 
where  said  Santa  Ana  river  empties  into  said  bay.  up  to  a  |ioint  where 
said  Santa  Ana  river  is  intersected  by  the  east  boundary  of  section  19, 
township  6  south,  range   10  west,  San  Bernardino  base  and  meridian. 

Urgency  measure. 

This  act  is  hereby  declared  to  be  an  urgency  measure  within  the  mean- 
ing of  section  1  of  article  4  of  the  constitution  of  the  state  of  Cali 
fornia.  ard  shall  take  effect  immediately.  The  following  is  a  statement 
of  the  facts  constituting  such  urL'ency:  Section  2349  of  the  Political 
Code  of  this  state,  of  which  this  act  is  amendatory,  now  declares  certain 
rivers  and  streams  navigable  in  instances  wh?re  such  rivers  and  streams 
are  not  navigable  in  fact,  thereby  preventing  the  bridging  of  such 
rivers  and  streams  by  county  or  municipal  authority  where  it  is  neces- 
sary for  the  traveling  public  to  cross  the  same,  which  said  condition 
is  dangerous  to  public  safety,  and  will  be  obviated  by  section  1  of  this 


499  POLITICAL  CODE.  §§  2463-2520 

act.      [Amendment  approved  June  10,  1913;  Stats.  1913,  p.  538.     In  effect 
immediately.] 

§  2463. 

Citations.     App.   11/417. 

Number  of  port  wardens. 

§  2501.  There  shall  be  four  port  wardens  of  the  port  of  San  Fran- 
cisco, and  such  number  for  each  and  every  other  port  of  entry  within 
this  state  as  may  be  prescribed  by  law;  provided,  however,  that  there 
shall  be  at  least  one  port  warden  for  each  such  port.  The  port  wardens 
shall  be  appointed  by  the  governor,  except  the  port  wardens  of  ports 
whose  appointment  is  otherwise  provided  for  by  law.  [Amendment  ap- 
proved June  6,  1913;  Stats.  1913,  p.  413.] 
Citations.     App.  9/784. 

Board  of  state  harbor  commissioners, 

§  2520.  A  board  of  state  harbor  commissioners,  to  consist  of  three 
persons  is  hereby  created,  with  such  powers  and  duties  as  are  pre- 
scribed by  law.  On  the  passage  of  this  act  the  governor  must  nomi- 
nate, and,  by  and  with  the  consent  of  the  senate,  appoint  three  state 
harbor  commissioners.  Any  and  all  harbor  commissioners  heretofore 
or  hereafter  appointed  shall  hold  office  at  the  pleasure  of  the  governor. 
When  any  appointment  of  any  successor  to  any  coqimissioner  is  made 
by  the  governor,  such  appointment  shall  be  valid  to  all  intents  and  pur- 
poses, subject,  however,  to  the  consent  of  the  senate  at  its  next  regular 
session,  and,  until  such  time,  the  person  so  appointed  shall  have  as  full 
and  ample  power  and  authority  as  though  confirmed  by  the  senate. 
In  case  the  senate,  during  its  session,  fail  to  act  on  or  refuse  its  con- 
sent to  any  nomination  the  governor  may  make  of  any  person  or  persons 
to  constitute  the  board  herein  provided  for,  he  must,  after  the  adjourn- 
ment of  the  senate,  grant  a  commission  or  commissions  to  such  person 
or  persons  as  he  may  desire  to  appoint,  which  appointment  or  appoint- 
ments shall  be  valid  to  all  intents  and  purposes,  subject,  however,  to  the 
consent  of  the  senate  at  its  next  regular  session,  and  until  such  time  the 
person  or  persons  so  appointed  shall  have  as  full  and  ample  power  and 
authority  as  though  confirmed  by  the  senate.  The  board  of  state  har- 
bor commissioners  hereby  created  shall  be  the  legal  successor  to  any  and 
all  previous  boards.  When  the  board  herein  provided  for  is  appointed, 
it  shall  organize  and  elect  a  president  and  executive  officer  of  the  board. 
It  shall  be  his  duty  to  preside  at  its  meetings,  to  supervise  the  official 
conduct  of  its  officers  and  employees,  especially  in  the  collection,  cus- 
tody and  disbursements  of  the  revenues,  and  to  require  that  all  the 
books,  papers  and  accounts  be  accurately  kept  and  in  proper  form,  and 
all  the  provisions  of  law  and  the  regulations  of  the  board  be  enforced 
and  observed.  He  may  administer  official  oaths  to  the  officers  and  em- 
ployees of  the  board,  except  the  other  commissioners,  and   to  all   other 


§§  2605-2643 


POLITICAL    CODE, 


600 


persons  in  relation  to  the  business  of  the  board.     [Amendment  approved 
March  8,  1911;  Stats.  1911,  p.  313.] 

§  2605. 

Citations.     Cal.   161/619. 

§  2606. 

Citations.     App.  8/481. 

§  2618. 

Citations.     Cal.   159/622;  160/118;  164/559. 

§  2619. 

Citations.     Cal.   164/559. 

§  2620. 

Citations.     Cal.  158/432. 

§  2621. 

Citations.      Cal.   155/401;   159/622. 

§  2631. 

Citations.      Cal.   160/706. 

Naming  of  highways. 

§  2636.  The  owners  of  land  along  any  road,  highway,  avenue,  or 
other  jmblie  way  may  petition  the  board  of  sujiervisors  of  the  county  in 
which  said  road,  highway,  avenue,  or  other  public  way  is  located,  to 
have  a  nanie  adoi)ted  and  applied  to  the  same.  The  name  and  a  de- 
scription of  the  road,  highway,  or  avenue  to  be  named  shall  be  set  forth 
in  the  jietition,  which  petition  sliaH  be  signed  by  three-fourths  of  the 
owners  of  laml  on  said  road,  hi;ilnvay  or  avenue.  The  supervisors  to 
whom  such  petition  is  presented  shall  examine  the  same,  and  if  it  con- 
forms to  the  provi.siona  of  this  act  shall  make  an  order  in  the  minutes 
of  the  board  granting  the  j>etition,  and  thereafter  the  said  described 
road,  highway  or  avenue,  shall  be  known  bv  said  name.  [New  section 
approved  April  27,  1911;  Stats.   1911,  p.  1145.] 

Powers  of  supervisors  over  roads. 

§  2643.  Tho  boards  of  supervisors  of  the  several  counties  of  the  state 
shall  liave  general  supervision  over  the  roads  i^ithin  their  respective 
counties.     They  must  by  proper  order: 

1.  Cause  to  be  surveyed,  viewed,  laid  out,  recorded,  opened,  and  workod, 
such  higliways  as  are  necessary  to  public  convenience,  as  in  this  chap- 
ter provided. 

2.  Cause  to  be  recorded  as  highways  all  highways  which  have  become 
such    by   usage,    dedication    or   abantlonment    to    the    public,    or    bv    anv 


501  POLITICAL   CODE.  §  2643 

other  means  provided  by  law,  and  to  prepare  and  record  proper  deeds 
and   titles  thereto. 

3.  Abolish  or  abandon  such  as  are  not  necessary. 

4.  Acquire  the  right  of  way  over  private  property  for  the  use  of  pub- 
lic highways,  and  for  that  purpose  require  the  district  attorney  to  insti- 
tute proceedings,  under  title  7,  part  3,  of  the  Code  of  Civil  Procedure., 
and  to  pay  therefor  from  the  general  road  fund  or  the  district  road 
fund  of  the  county. 

5.  Levy  a  property  tax  for  road  purposes. 

6.  Cause  to  be  erected  and  maintained,  at  the  intersection  and  cross- 
ings of  highways,  guide  posts,   jiroperly  inscribed. 

7.  Cause  the  road  tax  collected  each  year  to  be  apportioned  to  the 
several  road  districts  entitled  thereto,  and  kept  by  the  county  treasurer 
in  separate  funds. 

8.  Audit  all  claims  on  the  funds  set  apart  for  highway  purposes,  and 
specify  the  fund,  or  funds,  from  which  the  whole  or  any  part  of  any 
claim,  or  claims,  must  be  paid. 

9.  In  their  discretion,  they  may  provide  for  the  establishment  of  gates 
on  the  public  highways,  in  certain  cases,  to  avoid  the  necessity  of  build- 
ing road  fences,  and  prescribe  rules  and  regulations  for  closing  the  same, 
and  penalties  for  violating  said  rules;  provided,  that  the  expense  for  the 
erection  and  maintenance  of  such  gates  shall  in  all  cases  be  borne  by  the 
party  or  parties  for  whose  immediate  benefit  the  same  shall  be  ordered. 

10.  For  the  purpose  of  sprinkling  the  roads  in  any  part  of  the  county 
with  oil  or  water,  the  board  of  supervisors  may  erect  and  maintain 
waterworks  and  oil  tanks  and  reservoirs,  and  for  such  purposes  may  pur- 
chase or  lease  real  or  personal  property.  The  costs  of  such  waterworks, 
oil  tanks  and  reservoirs  and  the  sprinkling  of  said  roads  with  oil  or 
water  may  be  charged  to  the  general  county  fund,  the  general  road 
fund,  or  the  district  fund  of  the  district  or  districts  benefite-d. 

Whenever  it  is  determined  by  a  four-fifths  vote  of  the  board  of  super- 
visors of  any  county  that  the  public  convenience  and  necessity  demand 
the  acquisition  or  construction  of  a  road  in  excess  of  three  miles  in 
length,  the  cost  of  which  will  be  too  great  to  pay  out  of  any  of  the  road 
funds  of  the  county,  the  board  of  supervisors  may,  by  resolution  passed 
by  a  four-fifths  vote  of  said  board,  determine  to  acquire  or  construct 
such  road,  and  may  therefore,  proceed  to  acquire  or  construct  such  road 
and  if  the  cost  of  such  road,  when  constructed,  shall  exceed  five  thou- 
sand dollars,  such  cost  may  be  charged  to  the  general  county  fund,  the 
general  road  fund  or  the  district  fund  of  the  district  or  districts 
benefited. 

And  provided,  however,  that  whenever  it  is  determined  by  a  four- 
fifths  vote  of  the  board  of  supervisors  of  any  county  that  it  will  cost 
less  to  repair,  reconstruct  or  rebuild  any  existing  main  line  road  in  said 
county,  which  is  in  excess  of  three  miles  in  length  and  the  cost  of  the 
repairing,  reconstruction   or   rebuilding   of  which  will   exceed   five   thou- 


§  2643  POLITICAL   CODE,  502 

sard  dollars,  than  it  will  to  acquire  or  construct  a  new  road  between 
the  same  points,  the  said  board  of  supervisors  may,  by  resolution  passed 
by  a  four-fifths  vote  of  said  board,  determine  to  repair,  reconstruct  or 
rebuild  such  road  and  the  cost  thereof  may  be  charged  to  the  general 
county  fund,  the  general  road  fund  or  the  district  fund  of  the  district 
or  districts  benefited. 

11.  Whenever  it  shall  be  determined  that  any  grading,  graveling, 
macadamizing,  ditching,  sprinkling,  or  other  work  upon  highways  is 
necessary,  and  is  to  be  done,  and  where  the  estimated  cost  of  such 
work  amounts  to  three  hundred  dollars,  the  board  of  supervisors  must, 
by  jirojier  order,  direct  the  county  surveyor  to  make  definite  surveys 
of  the  proposed  work,  and  to  prepare  profiles  and  cross-sections  thereof. 
an.d  to  submit  the  same  with  the  estimate  of  the  amount  or  amounts 
of  work  to  be  done,  and  cost  thereof,  and  with  specifications  thereof. 
Said  report  shall  be  prepared  in  duplicate,  one  copy  to  be  filed  in  the 
surveyor's  office,  and  the  other  to  be  filed  with  the  clerk  of  the  board 
of  supervisors.  The  board  upon  receipt  of  such  report  must  advertise 
for  bids  for  the  performance  of  the  work  specified.  Such  advertisement 
for  bids  must  be  published  for  two  weeks  in  two  newspapers,  one  pub- 
lished at  the  county  seat  and  the  other  at  a  point  nearest  the  proposed 
work. 

Such  advertisement  must  be  in  the  following  form: 

"Office  of  the  Clerk  of  the  Board  of  Supervisors. 

County,  ,  191—. 

Sealed  bids  will  be  received  by  the  clerk  of  the  board  of  supervisors 

of county,  at  his  office,  until  o'clock  M., 191 — . 

for  ,  on  ,  in  district,  in  county. 

Specifications  for  this  work  are  on  file  in  the  office  of  the  said  board, 
to  which  bidders  are  hereby  referred. 

Clerk  of  the  board  of  supervisors  of  the  county  of ." 

.And  such  advertisement  must  also  be  posted,  for  at  least  two  weeks 
prior  to  the  opening  of  the  bids  for  the  proposed  work,  in  three  con- 
spicuous places  in  the  district  or  distriets  in  whicli  the  proposed  work 
lies,  and  one  at  the  site  of  the  proposed  work.  Bids  must  be  inclosed 
in   sealed   envelope,   addressed   to  the  clerk   of  the   board   of  supervisors, 

and   must  be  indorsed,   "Bids  for  ,"   and   must   be   delivered   to  said 

clerk  prior  to  the  hour  specified  in  the  advertisement.  The  board  shall 
publicly  open  and  read  such  bids  as  may  be  submitted,  and  must  award 
the  contract  for  the  work  to  the  lowest  bidder;  unless  it  shall  appear 
to  the  board  that  the  bids  are  too  high,  and  the  work  can  be  «lone 
more  cheaply  by  day  labor,  in  which  case  the  bids  must  be  rejected, 
and  the  work  ordered  done  by  the  road  commissioner,  or  eommissioners. 
in  whose  district  or  districts  the  work  may  be  situated.  In  case  the 
work  shall  be  let  by  contract,  monthly  or  quarterly  payments   may   b? 


503  POLITICAL  CODE.  §§2645,2646 

made  thereon  upon  the  receipt  of  a  certified  estimate  by  the  county 
surveyor  of  the  amount  or  work  done  during  the  preceding  month  or 
quarter,  to  the  extent  of  seventy-five  per  cent  of  the  value  of  said  work, 
the  remaining  twenty-five  per  cent  being  due  on  the  completion  of  the 
work.  The  services  of  the  surveyor  in  making  such  partial  estimates 
must  be  paid  for  by  the  contractor.  Upon  the  completion  of  the  work, 
the  count}-^  surveyor  must  examine  the  same,  and  if  completed  in  ac- 
cordance with  the  specifications  thereof,  he  must  submit  to  the  board 
of  supervisors  a  certificate  over  his  signature  and  official  seal  to  the 
effect  that  such  work  by  the  contractor  therefor,  has  been  completed 
in  accordance  with  the  specifications  therefor,  and  recommending  its 
acceptance.  The  board  shall  thereupon  audit  the  same  and  direct  its 
payment  out  of  the  proper  fund  or  funds. 

12.  In  their  discretion,  they  may  set  apart  on  any  public  road  or 
highway  a  strip  of  land  (for  a  side  path),  and  make  an  order  designating 
the  width  of  such  path  and  cause  the  lines  separating  the  path  from 
the  road  to  be  located  and  marked  by  stakes  or  posts,  placed  at  such 
distances  apart  as  they  shall  deem  proper.  After  said  paths  have  been 
set  apart,  and  the  lines  separating  the  same  from  the  road  have  been 
located  and  marked,  as  aforesaid,  the  use  of  the  same  is  hereby  re- 
stricted to  pedestrians  and  riders  of  bicycles  and  other  vehicles  pro- 
pelled solely  by  the  power  of  the  rider. 

Expense  of  erecting  and  maintaining  such  path  may  be  charged  to 
the  general  county  fund,  the  general  road  fund,  and  the  district  fund 
of  the  district  or  districts  benefited.  [Amendment  approved  April  27, 
1911;   Stats.   1911,  p.   1151.] 

Citations.      Cal.    159/622;     160/708.      App.   12/430,    431;     (subd.    3)     16/75; 
(subd.   10)    12/431,   432,   433. 

§  2645. 

Citations.      App.   15/581. 

Highways  in  charge  of  supervisors. 

§  2646.  Whenever  any  of  the  highways  of  a  county  have  been  con- 
structed or  improved  under  the  provisions  of  an  act  entitled:  "An  act 
providing  for  the  laying  out,  constructing,  straightening,  improvement 
and  repair  of  main  public  highways  in  any  countj',  providing  for  the 
voting,  issuing  and  selling  of  county  bonds  and  the  acceptance  of  dona- 
tions to  pay  for  such  work  and  improvements,  providing  for  a  high- 
way commission  to  have  cliarge  of  such  work  and  improvements,  and 
authorizing  cities  and  towns  to  improve  the  portions  of  such  highways 
within  their  corporate  limits  and  to  issue  and  sell  bonds  therefor,"  ap- 
proved March  19,  1907,  and  all  acts  amendatory  thereof  or  supplemen- 
tary thereto,  the  board  of  supervisors  of  said  county  shall  have  the 
charge  of  the  maintenance  and  repair  of  said  highways  and  may  employ 
a  superintendent  or  inspector  to  have  charge  of  the  repairing  and  main- 
tenance   of    all   of    said   roads   under   the    orders   and   direction    of   said 


§§  2647-2692 


POLITICAL    CODE. 


504 


board,  and  may  employ  such  workmen  and  purchase  such  materials, 
equipment,  tools  and  appliances  as  may  be  necessary  to  maintain  said 
roads  and  keep  them  in  repair,  the  cost  of  such  maintenance  and  re- 
pair to  be  paid  out  of  the  general  fund  of  the  county.  Nothing  herein 
contained  shall  prevent  the  board  from  having  any  such  work  of  re- 
pair of  [or]  maintenance  done  by  contract  under  the  provisions  of  sec- 
tion 2643,  if  thev  deem  it  advisable.  [New  section  approved  March  9, 
1911;   Stats.  1911,  p.  318.] 

§  2647. 

Cltationa.     App.  12/433. 

§  2653. 

Citations.     App.   12/432. 

§  2681. 

Citations.      Cal.   157/98.      App.   16/73,  74, 

§  2682. 

Citations.     App.   16/74. 

§  2683. 

Citations.      App.   13/45;    16/74. 

§  2684. 

Citations.      App.    16/74. 

§  2685. 

Citations.      App.   16/74. 

§  2686. 

Cltationa.     App.   14/787;   16/75. 

§  2688. 

Citations.      App.   14/786;   15/389;  16/74,  75. 

§  2689. 

Citations.      Cal.   157/435. 

§  2690. 

Citations.      App.   13/46;   14/783;   15/390. 

Opening  of  private  ways.     Bond. 

§  2692.  I'livato  oi-  liy-ro.iils  or  private  ways  for  a  canal  may  be 
opened,  laid  out,  or  altered  for  the  convenience  of  one  or  more  residents 
or  freelioldcrs  of  any  road  district  in  the  same  manner  as  public  roads 
are  opened,  laid  out.  or  altered,  except  that  only  one  petitioner  shall  be 
necessary,   who   must   be    either   a    resident    or   freeholder   in   sntd    road 


505  POLITICAL   CODE.  §  2694 

district;  and  the  board  of  supervisors  may  for  like  cause  order  the  same 
to  be  viewed,  opened,  laid  out,  or  altered,  the  person  for  whose  benefit 
said  road  or  private  way  for  a  canal  is  required  paying  the  damages 
awarded  to  land  ownfers,  and  keeping  the  same  in  repair;  provided,  that 
the  petitioners  must  accompany  the  petition  with  the  bond  mentioned 
in  section  2683,  conditioned  as  provided  in  said  section,  and  with  a 
further  condition  that  the  bondsmen  will  pay  to  the  person  over  whose 
land  said  road  or  private  way  for  a  canal  is  sought  to  be  opened,  his 
necessary  costs  and  disbursements  in  contesting  the  opening  of  such 
road  or  private  way  for  a  canal,  in  case  the  petition  be  not  granted, 
and  the  road  or  private  way  for  a  canal  finally  not  opened;  provided, 
that  all  private  roads  or  private  ways  for  canals  opened,  or  laid  out, 
under  the  provisions  of  this  act,  shall  be  upon  section  or  half  section 
lines  wherever  practicable,  [Amendment  approved  April  22,  1913; 
Stats.  1913,  p.  62.] 

Eoads  crossing  railroads,  street  railroads,  canals,  and  ditches.  Manner 
of  crossing  tracks.  Canals  or  ditches.  Damages. 
§  2694.  Wherever  the  general  route  of  the  road  to  be  abandoned, 
altered,  laid  out  or  constructed  is  shown  by  the  petition  provided  for 
by  section  2682  of  this  code  to  cross  the  track  or  right  of  way  of  any 
railroad  or  street  railroad,  the  county  clerk  of  the  county  wherein  said 
petition  is  filed  shall  immediately  upon  the  appointment  of  viewers  by 
the  board  of  supervisors  transmit  to  the  railroad  commission  a  certified 
copy  of  the  petition  and  of  the  order  appointing  viewers.  Said  com- 
mission shall  thereupon  fix  a  day  for  the  hearing  of  said  petition,  and 
shall  give  notice  thereof  to  said  viewers,  to  the  district  attorney  and 
clerk  of  the  board  of  supervisors  of  the  county  wherein  said  petition 
is  filed,  and  to  the  resident  owner  or  agent  of  the  owner  of  the  land 
over  which  the  proposed  road  is  to  run,  and  said  hearing  shall  be  held 
at  the  rooms  of  the  board  of  supervisors  of  said  count}'.  At  said  hear- 
ing the  said  commission  shall  hear  the  evidence  offered  as  to  the  cross- 
ing of  said  track  or  right  of  way  by  said  proposed  road,  and  shall 
thereupon  determine  whether  said  proposed  road  shall,  if  constructed, 
be  constructed  across  said  track  at  grade  or  otherwise,  and  shall  deter- 
mine and  prescribe  the  manner,  including  the  particular  point  of  cross- 
ing, and  the  terms  of  installation,  operation  and  maintenance,  use  and 
protection  of  said  crossing.  Tlie  said  conclusions  of  said  commission 
shall  thereupon  be  reported  to  the  board  of  supervisors,  and  in  its  order 
fixing  a  day  for  hearing  the  viewers'  report,  the  said  board  shall  in- 
clude therein  an  order  fixing  a  day  for  hearing  said  conclusions  which 
shall  be  the  same  day  fixed  for  hearing  the  said  viewers'  report.  Notice 
of  said  hearing  shall  be  given  in  the  manner  and  for  the  time  prescribed 
by  section  2688  of  this  code,  and,  in  addition  to  said  notice,  the  county 
clerk  shall  notify  said  commission  of  the  time  and  place  of  said  hear- 
ing, and  at  said  hearing  the  board  of  supervisors  shall  first  proceed  to 
the  consideration  of  said  conclusions  of  said  commission,  and  if  the  same 


§§2710-2712  POLITICAL  CODE.  506 

be  rejected,  no  further  proceedings  shall  be  had  in  said  matter.  If  the 
same  be  approved,  said  board  shall  proceed  in  the  manner  provided  by 
law  to  act  upon  said  viewers'  report.  The  board  shall  have  no  power 
to  change  or  modify  said  conclusions  except  by  and  with  the  consent 
of  said  commission.  Whenever  highways  are  laid  out  to  cross  canals 
or  ditches,  on  public  lands,  the  owners  or  corporations  using  the  same 
must,  at  their  own  expense,  so  prepare  their  canals  or  ditches  that  the 
public  highway  may  cross  the  same  without  danger  or  delay;  and  when 
the  right  of  way  for  a  public  highway  is  obtained  through  the  judg- 
ment of  any  court  over  any  railroad,  canal  or  ditch,  no  damages  must  be 
awarded  for  the  simple  right  to  cross  the  same.  [Amendment  approved 
January  2,  1912;  Stats.  Ex.  Sess.  1911,  p.  138.] 
Citations.     Cal.   159/754. 

§  2710. 

Citations.      Cal.   157/100. 

Supervisors  may  pay  part  of  cost  of  constructing  road  out  of  general 
fund. 
§  2712.  Whenever  it  appears  to  the  board  of  supervisors  that  any 
road  district  is  or  would  be  unreasonably  burdened  by  the  expense  of 
constructing,  or  by  the  maintenance  and  repairs  of  any  road,  bridge 
or  tunnel  connecting  or  forming  a  part  of  a  road,  or  the  purchase  of  toll 
roads,  they  may,  in  their  discretion,  cause  a  portion  of  the  aggregate 
cost  or  expense  to  be  paid  out  of  the  general  road  fund  of  the  county, 
or  by  a  vote  of  the  majority  of  the  board  of  supervisors,  said  board 
may,  in  their  discretion,  order  a  portion  of  the  cost  of  construction 
and  repairs  of  bridges  and  tunnels  connecting  or  forming  a  part  of  a 
road,  or  a  portion  of  the  cost  of  the  purchase  of  toll  roads,  or  cost  of 
miiterial  for  road  construction  to  be  ]>aid  out  of  the  county  general 
fund,  as  well  as  the  general  road  fund;  provided,  however,  that  snid 
board  shall  not  take  any  money  out  of  the  county  general  fund  for 
cost  of  material  for  road  construction,  except  by  unanimous  vote  of  the 
board  of  su])ervisors;  and  provided,  further,  that  the  said  board  may  in 
their  discretion,  by  a  four-fiftlis  vote,  pay  or  cause  to  be  paid,  out  of 
the  county  general  fund  or  the  general  road  fund,  or  both  or  either, 
the  whole  or  a  portion  of  the  cost  required  to  construct,  build,  recon- 
struct, rebuild,  or  repair  any  and  all  bridges  or  roads  in  the  county,  or 
both,  destroved  or  damaged  by  storms,  floods  or  other  calamities. 
[Amendment"  approved  May  1,  1911;  Stats.  1911,  p.  1464.] 

There  was  also  another  §  2712  adopted  at  the  same  session  of  the 
legislature,  as  follows: 

When  aid  may  be  given  by  county. 

§  2712.  Whenever  it  appears  to  the  board  of  supervisors  that  any 
road  district  is  or  would  be  unreasonably  burdened  by  the  expense  of 
constructing,   or   by   the    maintenance   and    repairs   of   any    road,   bridjje 


507  POLITICAL  CODE.  §§  2713, 2714 

or  tunnel  connecting  or  forming  a  part  of  a  road,  or  the  purchase  of  toll 
roads,  they  niay,  in  their  discretion,  cause  a  portion  of  the  aggregate 
cost  or  expense  to  be  paid  out  of  the  general  road  fund  of  the  county, 
or  by  vote  of  the  majority  of  the  board  of  supervisors  said  board  may, 
in  their  discretion,  order  a  portion  of  the  cost  of  construction  and  re- 
pairs of  bridges  and  tunnels  connecting  or  forming  a  part  of  a  road, 
or  a  portion  of  the  cost  of  the  purciiase  of  toil  roads,  or  cost  of  ma- 
terial for  road  construction  to  be  paid  out  of  the  county  general  fund, 
as  well  as  the  general  road  fund;  provided,  however,  said  board  shall 
not  take  any  money  out  of  the  county  general  fund  for  cost  of  material 
for  road  construction  except  by  unanimous  vote  of  the  board  of  super- 
visors.     [Amenilment  approved  March  22,  1911;  Stats.  1911,  p.  429. J 

There    was    another    §  2712    adopted    at    the    same    session    of    the    legislature. 
See  prior  section. 

Citations.     App.   12/433. 

§  2713. 

Citations.     Cal.   164/563. 

Maintenance  of  bridges  of  adjoining  districts. 

§  2714.  If  the  road  overseer  of  one  district,  after  five  days'  notice 
from  the  overseer  of  an  adjoining  district  to  aid  in  the  repair  of  a 
bridge  in  which  each  are  interested,  fails  so  to  aid,  the  one  giving 
notice  may  make  the  necessary  repairs,  and  must  be  allowed  a  pro 
rata  compensation  therefor  by  the  board  of  supervisors  out  of  the  road 
fund  of  the  defaulting  district.  Bridges  crossing  the  line  or  lines  be- 
tween cities  or  towns  and  road  districts,  or  between  cities  or  towns, 
may  be  constructed  and  maintained  by  the  cities  or  towns  and  from 
the  road  fund  of  the  road  district  or  by  the  cities  or  towns  into  which 
such  bridges  extend.  Any  such  bridge  may  be  constructed  by  contract 
let  as  provided  by  law  by  either  city  or  town  or  by  the  county  into 
which  such  bridge  extends  or  wherein  such  bridge  is  located,  and  any 
such  city,  town  or  county  may  contribute  toward  the  cost  and  expense 
of  the  construction  or  maintenance  of  such  bridge  by  the  appropriation 
for  such  purpose  of  any  funds  in  the  treasury  of  such  city,  town  or 
county  not  otherwise  appropriated,  upon  such  terms  and  conditions  as 
may  be  prescribed  by  ordinance  or  resolution  of  the  governing  body 
of  such  city,  town  or  county  aiding  in  the  construction  or  maintenance 
of  such  bridge;  provided,  that  if  the  proportion  to  be  paid  by  any  such 
city,  town  or  county  cannot  be  otherwise  determined,  the  cost  of  con- 
struction or  maintenance  of  any  such  bridge  shall  be  borne  equally  by 
the  city  or  town  and  from  the  road  fund  of  the  road  district  or  by 
the'cities  or  towns  into  which  such  bridge  extends.  The  proceeds  of 
any  bonds  heretofore  or  hereafter  authorized  by  the  voters  of  any  such 
city,  town  or  county  for  the  acquisition,  construction  or  completion  of 
any  such  bridge,  or  any  portion  thereof,  may  be  expended  or  con- 
tributed as  herein  provided.  [Amendment  approved  March  1,  1911; 
Stats.  1911,  p.  94.] 


§§  2736-2773  political  code.  508 

§  2736. 

Citations.     Cal.   159/622. 

§  2737. 

Citations,      Cal.   159/755.      App.   10/140. 

When  one  overseer  fails  to  act,  who  may  repair  bridge. 
§  2741.     [Repealed  March  21,  1911;  Stats.  1911,  p.  428.] 

§  2745. 

Citations.      Cal.   160/352. 

§  2746. 

Citations.      Cal.    160/352. 

§  2747. 

Citations.     Cal.   160/352. 

§  2748. 

Citetions.     Cal.   160/352. 

Contents  of  election  notice  for  road  bonds. 
§  2761.     Such   iiotiie  must   contain: 

1.  Tlie  time  and  plaee  or  places  of  hoUling  such  election; 

2.  The  name  of  three  judges  for  each  election  district  to  conduct  the 
same; 

3.  The  hours  during  the  day  in  which  the  polls  will  be  open,  not  less 
than   eight; 

4.  The  amount  and  denomination  of  the  bonds;  the  rate  of  interest, 
not  exceeding  seven  per  cent;  and  the  number  of  years,  not  exceeding 
forty,   any    part   of   said    bonds   shall    run; 

■5.  The  purpose  for  which  it  is  to  be  used,  including  a  brief  descrip- 
tion of  the  proposed  work  and   the  materials  to  be  used; 

6.  The  signature  of  the  chairman  of  the  board,  attested  by  the  county 
clerk,      [.\mendment  approved  June  10,   1913;  SUts.  1913,  p.  6S2.J 

§  2763. 

Citations.     Cal.   160/354.  355. 

Form  of  bonds. 

§  2764.  The  supervisors,  by  an  order  entered  upon  the  minutes,  shall 
prescribe  the  form  of  said  bonds  and  of  the  interest  coupons  attached 
thereto,  and  shall  fix  the  time  when  the  several  bonds  sh.nll  become  due, 
not  exceeding  forty  years  from  the  date  thereof.  [Amendment  approved 
June  10,  1913;  Stats.  1913,  p.  682.] 
Citations.     Cal.  160/352. 

§  2773. 

Citations.      Cal.   160/352.  358. 


509  POLITICAL  CODE.  §§2843-2906 

§  2843. 

Citations.      Oal.  164/562,   563. 

No  toll-bridge  or  ferry  within  one  mile  of  one  already  established, 
except  employees  may  transport  themselves. 
§  2853.  No  toll-bridge  or  ferry  must  be  established  within  one  mile 
immediately  above  or  below  a  regularly  established  ferry  or  toll-bridge, 
unless  the  situation  of  a  town  or  village,  the  crossing  of  a  public  high- 
way, or  the  intersection  of  some  creek  or  ravine  renders  it  necessary 
for  public  convenience;  provided,  however,  that  notwitlistanding  the 
grant  or  existence  of  such  ferry  franchise  any  employer  may  transport 
his  or  its  own  employees  to  and  from  their  places  of  labor  by  means 
of  boats  owned  or  operated  by  such  employers;  and  similarly  all  or  any 
number  less  than  all  of  the  employees  of  the  same  employer  may  co- 
operatively or  otherwise  transport  themselves  to  and  from  their  places 
of  labor  in  boats  owned  or  operated  in  severalty  or  in  common  by 
them.  But  such  transportation  whether  such  boats  be  operated  by  the 
employer  or  the  employees  shall  not  be  conducted  for  profit.  In  addi- 
tion to  the  public  notice  hereinafter  required,  notice  of  intention  to 
apply  for  authority  to  erect  a  toll-bridge  or  ferry,  as  in  this  section 
provided,  must  be  served  upon  the  proprieter  of  the  ferry  or  toll-bridge 
already  established  at  least  ten  days  prior  thereto,  giving  the  time 
and  place  and  grounds  of  such  application.  [Amendment  approved  June 
6,  1913;   Stats.   1913,  p.  791.] 

§  2870. 

Citations.     C»l.   164/563. 

§  2872. 

Citations.      Cal.   164/563. 

§  2892. 

Citations.     Cal.   161/674. 

§  2893. 

Citations.      Cal.   161/674. 

Not  applicable  to  municipal  ferry. 

§  2896.  The  provisions  of  article  1  and  of  article  3  of  this  chapter 
shall  not  apply  to  or  affect  any  ferry  owned  or  operated  as  a  municipal 
ferry  by  any  city  and  county,  or  incorporated  city  or  town  in  this  state, 
over  waters  situated  in  whole  or  in  part  within  the  limit  of  such  city 
and  countv,  incorporated  city  or  town.  [New  section  added  April  10, 
1911;  Stats.  1911,  p.  849.] 

Supervisors  may  grant  authority  to  constract  wharf,  etc. 

§  2906.  The  boards  of  supervisors  of  every  county  in  this  state  may, 
upon  approval  of  the  railroad   commission,  grant   authority  to  any  per- 


§§  2907-2979a  political  code.  510 

son  or  corjioration  to  construct  a  wharf,  chute,  or  pier,  on  any  lao'ls 
bordering  on  any  navigable  bay,  lake,  inlet,  creek,  slough  or  arm  of 
the  sea,  situated  in  or  bounding  their  counties,  respectively,  with  a 
license  to  take  tolls  for  the  use  of  the  same  for  the  term  "of  twenty 
years.  [Amendment  approved  June  14,  1913;  Stats.  1913,  p.  947.] 
Citations.      Cal.   163/545. 

§  2907. 

Citations.      Cal.   163/545,   546. 

§  2910. 

Citations.      Cal     163/545,   546. 

§  2911. 

Citations.      Cal.   161/620;    163/545,   546,   548. 

§  2914. 

Citations.      Cal.   163/545,  546. 

§  2920. 

Citations.      Cal.   163/545. 

§  2931. 

Citations.      App.  16/678. 

Duties  of  coroner  regarding  contagious  diseases.     Duties   of  physician. 
Duties  of  state  board  of  health. 

§  2979a.  Jt  is  the  duty  of  -eacli  coroner,  and  of  everj'  county,  city 
and  county,  city  or  town  health  ofllcer,  and  every  member  of  the  local 
board  of  health,  knowing,  or  having  reason  to  believe  that  any  case 
of  cholera,  plague,  yellow  fever,  lejirosy,  diplitheria.  scarlet  fever,  small- 
pox, tyjihus  fever,  typhoid  fever,  anthrax,  glanders,  epidemic  cerebro- 
spinal meningitis,  tuberculosis,  pneumonia,  dysentery,  erysipelas,  un- 
cinariasis or  hookworm,  tr.tclionia,  dengue,  tetanus,  measles,  German 
measles,  chickenpox,  whooping-cough,  mumps,  pellagra,  beriberi,  syphilis, 
gonococcus  infection,  rabies,  poliomyelitis,  or  any  other  contagious  or 
infectious  disease  exists,  or  has  recently  existed,  within  the  city,  county, 
city  and  county,  town,  or  township  of  which  he  is  such  officer,  to  take 
such  measures  as  may  be  necessary  to  prevent  the  spread  of  such  dis- 
ease, and  to  report  at  once  in  writing  such  cases  to  the  secretary  of 
the  state  board   of  health   at   Sacramento. 

It  is  also  the  duty  of  every  attending  or  consulting  physician,  nurse, 
or  other  person  having  charge  of  or  caring  for  any  person  afflicted  with 
any  of  said  contagious  diseases,  to  report  at  once  in  writing  to  the  local 
board  of  health  or  local  health  officer  the  nature  of  the  disease,  the 
name  of  the  person  attiicted  and  the  place  of  his  or  her  confinenirnt; 
provided,  however,  that  syphilis  and  gonococcus  infection  shall  b«  re 
ported  by  office  number  only. 


511  POLITICAL  CODE.        §§  2981, 2982 

The  state  board  of  health,  or  its  secretary,  upon  being  informed  of 
any  such  contagious  or  infectious  disease,  may  thereupon  take  such 
measures  as  may  be  necessary  to  ascertain  the  nature  of  such  disease 
and  prevent  the  spread  of  such  contagion,  and  to  that  end,  said  state 
bdard  of  healtli,  or  its  secretary,  may,  if  deemed  proper,  take  posses- 
sion or  control  of  the  body  of  any  living  person,  or  the  corpse  of  any 
deceased  person,  and  may  direct  and  take  such  means  as  may  be  deemed 
expedient  to  arrest  or  prevent  the  further  spread  of  such  disease. 
[Amendment   approved  March  22,   1911;   Stats.   1911,  p.  430.] 

Meetings  of  state  board  of  health.     Secretary.     Expenses. 

§  2981.  The  board  must  meet  at  least  once  in  every  three  months,  at 
Sacramento,  unless  otherwise  hereafter  provided  by  law.  Four  members 
shall  constitute  a  quorum  for  the  transaction  of  any  business.  Special 
meetings  may  be  held  upon  the  call  of  the  president  or  secretary. 
Notice  of  all  meetings  must  be  given  by  the  secretary,  by  mailing  such 
notice  to  the  members  of  the  board  at  least  three  days  prior  to  the 
date  of  such  meetings.  The  members  must  elect  from  their  own  number 
a  president,  a  vice-president  and  a  permanent  secretary.  In  the  absence 
of  the  secretary,  or  a  vacancy  in  his  office,  the  vice-president  shall' 
perform  the  duties  of  and  exercise  the  powers  of  the  secretary.  The 
secretary  shall  be  a  civil  executive  officer  and  shall  also  be  the  executive 
officer  of  the  board.  He  must  devote  his  entire  time  to  the  duties  of 
the  office,  and  his  office  shall  be  kept  at  the  same  place  where  the 
meetings  of  the  state  board  of  health  are  required  by  law  to  be  held. 
The  members  of  the  board  shall  receive  their  actual  and  necessary 
traveling  expenses  while  in  the  service  of  the  board.  Such  expenses, 
shall  be  paid  out  of  the  general  fund  of  the  state  treasury.  [Amend- 
ment'approved  May  19,  1913;   Stats.  1913,  p.  208.] 

Secretary  of  state  board  of  health,  salary,  duties.     Assistant. 

§  2982.  The  secretary  of  the  state  board  of  health  shall  receive  an 
annual  salary  of  thirty-six  hundred  dollars  and  necessary  expenses 
incurred  in  the  performance  of  his  duties.  He  shall  enforce  all  orders 
and  regulations  of  the  state  board  of  health,  and  shall  vigilantly  observe 
sanitary  conditions  throughout  the  state,  and  take  all  necessary  precau- 
tions to  protect  it  in  its  sanitary  relations  with  other  states  and  coun- 
tries. He  shall  keep  an  accurate  record  of  the  proceedings  of  the 
state  board  of  health  and  of  his  own  acts,  and  shall  file  a  written 
report  of  the  same  at  each  regular  meeting  of  the  board.  There  shall 
be  an  assistant  to  the  secretary  of  the  state  board  of  health,  who  shall 
be  appointed  by  and  hold  office  at  the  pleasure  of,  and  perform  such 
duties  as  shall  be  prescribed  by,  said  board.  The  assistant  to  the 
secretary  of  the  state  board  of  health  shall  receive  an  annual  salary 
of  twenty-four  hundred   dollars. 

The  salaries  of  the  secretary'  and  assistant  to  the  secretary  shall  be 
paid  out  of  the  general  fund  at  the  times  and  in  the  manner  in  which 


§§  3025-3084  political  code.  512 

state  officers  are  paid.     [Amendment  approved  May  1,  1911;  Stats.  1911, 
p.  1260.] 

§  3025. 

Citations.     App.  8/302. 

Employees  of  state  board  of  health. 

§  3075.  There  shall  be  a  clerk  to  the  state  board  of  health,  and  a 
competent  statistician,  a  deputy  statistician,  and  two  copyists  to  a««ist 
the  state  registrar  of  the  bnrrau  of  vital  statistics,  all  of  whom  ?h:in 
be  appointed  by,  and  hold  office  at  the  pleasure  of,  the  state  board  >>f 
health.  The  clerk  shall  receive  an  annual  salary  of  si.xteen  hundred 
dollars,  the  statistician  an  annual  salary  of  twenty-four  hundred  dollars, 
the  deputy  statistician  an  annual  salary  of  sixteen  hundred  dollars, 
and  the  copyists  each  an  annual  salary  of  nine  hundred  dollars.  All 
such  salaries  shall  be  paid  in  the  same  manner  and  at  the  same  time 
as  the  salaries  of  state  officers.  The  state  board  of  health  may  employ 
and  fix  the  compensation  of  other  additional  clerical  and  professional 
assistants,  but  such  compensation  shall  be  paid  from  its  fund  for  con- 
tingent expenses,  provided  in  the  general  appropriation  act.  [Amend- 
ment approved  May  1,  1911;  Stats.  1911,  p.  1261,] 
Citationa.     Cal.   160/544. 

§  3077. 

Citations.     Cal.   160/544. 

Burial  permit.  Removal  of  body.  Superintendent's  report.  Health 
officer's  report. 
§  3084.  No  person,  firm  or  corporation  shall  deposit  in  any  cemetery, 
or  inter  in  any  conietpry  in  any  county,  city,  or  city  and  county  in 
this  state,  any  human  body  without  first  having  obtained  and  filed  with 
the  board  of  health,  or  health  officer,  of  the  city,  city  and  county,  or 
county  where  the  death  occurred,  a  certificate,  signed  by  a  physician,  or 
a  coroner,  setting  forth  as  near  as  possible,  the  name,  age  color,  sex. 
place  of  birth,  occupation,  date,  locality  and  the  cause  of  death  of 
the  deceased,  and  obtain  from  said  board  of  health  or  health  officer 
a  burial  permit;  nor  shall  any  human  body  be  removed  or  disinterre<l 
without  a  permit  from  the  board  of  health,  health  officer,  or  by  order 
of  the  coroner,  of  the  county,  city  and  county,  or  city  in  which  the 
same  is  buried.  A  burial  permit  issued  in  one  county,  or  city,  or  city 
and  county,  shall  be  valid  and  sufficient  in  any  county  which  shall 
be  specified  therein  as  the  place  of  interment,  and  shall  be  issued  in 
duplicate,  and  siiall  be  marked  respectively  original  and  duplicate.  The 
original  shall  be  retained  by  and  filed  with  the  board  of  health,  or 
health  officer  issuing  the  same,  and  the  duplicate  shall  be  presented  to 
and  filed  with  the  board  of  health  or  health  officer  of  the  county 
wherein   the   body   is   interred-    and   no  further  permit   for  burial   shall 


513  POLITICAL  CODE.  §§  3109-3158 

be  required,  but  any  county  burial  fees  required  by  law  or  ordinance 
shall  be  paid.  Superintendents  of  cemeteries  must  return  to  the  county 
board  of  health  or  healtli  officer,  and  county  recorder  of  the  county 
where  the  interment  is  made,  on  each  Monday,  the  names  of  all  persons 
interred  or  deposited  within  their  respective  cemeteries  for  the  preceding 
week.  No  superintendent  of  a  cemetery  shall  remove,  permit,  or  cause 
to  be  removed,  disinter  or  cause  or  permit  to  be  disinterred,  any 
corpse  that  has  been  deposited  in  the  cemetery,  without  a  permit  from 
the  county  board  of  health,  or  health  officer,  or  by  order  of  the  county 
coroner.  The  board  of  health,  or  health  officer  must  file  a  report  with 
the  county  recorder  on  each  Monday,  showing  the  names  of  all  persons 
interred  in  the  county  on  permits  issued  outside  of  the  county,  for  the 
preceding  week,  and  by  what  board  of  health  or  health  officers  burial 
permits  therefor  were  issued.  [New  section  approved  April  26,  1913; 
Stats.  1913,  p.  106.] 

Control  of  cemeteries. 

§  3109.  The  public  cemeteries  of  cities,  towns,  villages,  neighbor- 
hoods and  of  fraternal  or  beneficial  associations  or  societies  must  be 
inclosed  and  laid  off  into  lots,  and  the  general  management,  conduct 
and  regulation  of  interments,  permits  to  inter,  or  remove  interred  bodies, 
the  disposition  of  lots,  and  keeping  the  same  in  order,  are  under  the 
jurisdiction  and  control  of  the  cities  and  towns  owning  the  same,  if 
incorporated;  if  not,  then  under  the  jurisdiction  and  control  of  th^ 
board  of  supervisors. of  the  county  in  which  they  are  situated;  provided, 
^hat  in  all  cases,  those  owned  by  said  fraternal  or  beneficial  associations 
or  societies  shall  be  under  the  jurisdiction  of  and  controlled  and  man- 
aged by  said  associations  or  societies  or  by  trustees  appointed  by  them. 
[Amendment  approved  March  9,  1911;  Stats.  1911,  p.  315.] 

Rules  for. 

§  3110.  The  authorities  having  jurisdiction  and  control  of  cemeteries 
may  make  and  enforce  general  rules  and  regulations  therefor,  and  ap- 
point sextons  or  other  officers  to  enforce  obedience  to  the  same  with 
such  powers  and  duties  regarding  the  cemetery  as  they  may  deem  neces- 
sary.    [Amendment    approved   March   9,   1911;    Stats.    1911,   p.   315.] 

§  3152. 

Citations.     App.  9/400,  401. 

§  3153. 

Citations.     App.   9/400,  401. 

Proceedings  in  sale  of  unclaimed  goods. 

§  3158.  All  proceedings  had  under  this  article  shall  be  governed 
entirely  by  the  provisions  hereof,  and  shall  not  be  controlled  or  affected 
by  the  provisions  of  article  2,  of  chapter  3,  of  title  7,  of  part  4,  of  division 

33 


§§  3197-3398  political  code.  514 

3  of  the  Civil  Code  of  the  state  of  California.     [New  section  approved 
June  16,  1913;  Stats.  1913,  p.  980.] 

Eecording  trademarks. 

§  3197.  Any  person  may  record  any  trademark  or  name  by  filing 
with  the  secretary  of  state  his  claim  to  the  same,  and  a  copy  or  descrip- 
tion of  such  trademark  or  name,  with  his  affidavit  attached  thereto, 
certified  to  by  any  officer  authorized  to  take  acknowledgments  of  con- 
veyances, setting  forth  that  he  (or  the  firm  or  corporation  of  which 
he  is  a  member)  is  the  exclusive  owner,  or  agent  of  the  owner  of  such 
trademark  or  name.  [Amendment  approved  March  21,  1911;  Stats.  1911, 
p.  427.] 

Ownership  of  trademark. 

§  3199.  Any  person  who  has  first  adopted  and  used  a  trademark  oi 
name,  whether  within  or  beyond  the  limits  of  this  state,  is  its  original 
owner.  Such  ownership  may  be  transferred  in  the  same  manner  as 
personal  property,  and  is  entitled  to  the  same  protection  by  suits  at 
law;  and  ary  court  of  competent  jurisdiction  may  restrain,  by  injunc- 
tion, any  use  of  trademarks  or  names  in  violation  of  this  chapter. 
[Amendment  approved  March   21,   1911;   Stats.   1911,  p.   427.] 

§  3258. 

Citations.     App.   13/384. 

§  3260. 

Citations.     App.   17/159.  ' 

§  3366. 

Citations.      Cal.   159/707,   708.     App.   8/55;   10/123,   124,   128,   136. 

§  3381. 

CiUtions.      Cal.    157/701. 

§  3395. 

Citations.     Cal.   164/408. 

Surveyor  general  location  agent  for  state. 

§  3398.  The  surveyor  general  is  the  general  agent  of  the  state  for 
the  location  in  the  United  States  land  offices  of  the  lands  desired  to 
be  selected  and  located  in  lieu  of  the  sixteenth  and  thirtj-sixth  section 
granted  to  the  state  for  the  use  of  the  public  schooTs,  and  in  lieu  of 
any  and  all  losses  sustained  by  the  state  to  its  school  grant,  whenever 
he  is  authorized  by  law  to  make  such  location  or  locations,  or  when- 
ever for  any  reason  he  is  authorized  to  select  lands  in  lieu  of  grants 
made  to  the  state;  but  no  such  selection  or  reselection,  designation  or 
redesignation  or  amended  selection  shall  hereafter  in  any  manner  be 
made,  except  upon  the  surrender  to  the  surveyor  general,  as  in  this  arti- 


615  POLITICAL  CODE.  §§  3406-3408(1 

cle  provided,  of  a  certificate  of  indemnity  or  scrip.  Tlie  surveyor  gen- 
eral shall  not  iierfect  or  amend  or  correct  any  selection,  reselection, 
amended  selection,  designation  or  redesignation  made  on  or  before 
Marcli  24,  1909,  or  take  any  action  whatever  in  relation  thereto  or 
thereon,  unless  the  request  therefor  is  accompanied  by  certificates  of 
indemnity  or  scrip  equal  in  acreage  to  the  selected  lands  or  the  por- 
tion of  such  selection  desired  to  be  corrected,  or  amended  or  designated 
or  redesignated,  and,  also,  unless  the  said  selection,  reselection,  amended 
selection,  designation  or  redesignation  was  duly  received  by  the  register 
or  receiver  of  the  local  United  States  land  office,  and  given  a  register 
and  receiver's  number  and  duly  forwarded  to  the  general  land  office  at 
Washington,  D.  C,  and  became  and  now  is  a  part  of  the  records  of 
such  general  land  office  at  Washington,  D.  C.  No  selection  of  any  land 
for  which  a  certificate  of  purchase  is  outstanding  shall  be  made  by  the 
surveyor  general  until  the  certificate  of  purchase  issued  therefor  shall 
have  been  surrendered.  Nothing  herein  contained  shall  be  held  or  con- 
strued to  mean  that  prior  to  the  passage  hereof  the  surveyor  general 
was  authorized  to  perfect,  or  amend  or  correct  any  selection,  reselec- 
tion, amended  selection,  designation  or  redesignation,  except  upon  the 
surrender  to  the  survevor  general,  of  a  certificate  of  indemnity  or  scrip. 
[Amendment  approved'  April   21,   1913;   Stats.   1913,  p.  47.] 

Also  amended   March  8,   1911    (Stats.   1911,  p.  309). 

Citations.      App.   14/457,  458. 

§  3406. 

Citations.      App.   14/457,  458. 

Surveyor  general  to  approve  application. 

§  3407.  When  the  surveyor  general  shall  receive  from  the  register,  or 
receiver  of  the  United  States  land  office,  or  both,  a  notice  to  the  effect 
that  any  indemnity  school  land  selection  has  been  filed  and  accepted, 
subject  to  future  approval,  the  said  surveyor  general  shall,  subject,  to 
the  provisions  of  section  3498  of  this  code,  approve  the  application  in 
accordance  with  the  said  acceptance,  and  the  register  of  the  state  land 
office  must  issue  a  certificate  of  purchase  for  the  land  sought  by  the 
applicant  showing  full  payment  therefor,  if  said  selection  was  made 
upon  the  surrender  of  a  certificate  of  indemnity  or  scrip,  as  provided  in 
section  3406  of  this  code,  otherwise  he  shall  issue  to  the  party  applying 
a  copy  of  his  approval,  requiring  the  payment  of  twenty  per  cent  of  the 
principal  or  the  full  purchase  price.  [Amendment  approved  May  1, 
1911;  Stats.  1911,  p.   1415.] 

Surveyor  general  to  issue  indemnity  certificates.     Sales. 

§  3408d.  Whenever  the  state  shall  be  entitled  to  make  indemnity 
selections  for  anj'  reason,  the  surveyor  general  shall,  on  behalf  of  the 
state  and  in  the  manner  herein  provided,  issue  and  sell  to  persons  quali- 
fied to  purchase  state  lands,  indemnity  certificates  of  location  or  scrip, 
as  herein  provided.     No  person  shall  be  entitled  to  purchase  an  indem- 


§  3408d.  POLITICAL  CODE.  516 

nity  certificate  of  location  or  scrip,  unless  he  be  qualified  to  purchase 
state  lands  as  provided  by  law,  and  no  person  shall  be  entitled  to  pur- 
chase such  a  certificate  representing  more  than  six  hundred  and  forty 
acres  of  land,  nor  less  than  the  smallest  legal  subdivision  of  land  as 
shown  and  indicated  on  the  United  States  plats.  As  the  surveyor  gen- 
eral shall  ascertain,  from  time  to  time,  the  number  of  acres  to  which 
the  state  is  entitled  as  indemnity,  he  shall  sell  at  his  office  in  the  city 
of  Sacramento,  state  of  Cajifomia,  at  public  auction,  to  the  highest  bid- 
der, for  cash  in  gold  coin,  and  to  persons  qualified  to  purchase  state  land 
indemnity  certificates  or  scrip.  All  sales  under  the  provisions  hereof 
shall  take  place  on  the  first  Monday  in  the  months  of  January,  March, 
May,  July,  September  and  November  in  each  year  commencing  at  the 
hour  of  ten  A.  M.  and  if  any  such  day  falls  on  a  legal  holiday,  then  the 
next  business  day  thereafter;  provided,  further,  that  the  first  sale  under 
the  terms  hereof  shall  be  held  on  the  first  Monday  in  May,  1909.  No 
person  shall  bid,  purchase  or  buy  at  said  sale  for  or  on  behalf  of  any 
other  pejson,  unless  such  person  so  bidding  on  behalf  of  another  shall 
file  with  the  surveyor  general  a  written  authorization  so  to  do,  and 
shall  also  file  an  affidavit  by  such  person  intending  to  purchase,  show- 
ing that  the  said  last-named  person  is  qualified  to  purchase  state  lands, 
and  no  bid  shall  be  received  or  considered  and  no  land  or  the  right  to 
any  land  will  be  sold  and  no  certificate  of  indemnity  or  scrip  shall  be 
issued  for  less  than  the  sum  of  one  dollar  and  twenty-five  cents  per  acre. 
Certificates  of  indemnity  or  scrip  as  herein  provided  shall  be  ofi'ered 
lor  sale  and  sold  in  such  quantities  as  may  in  the  discretion  of  the  sur- 
veyor general  \ic  deemed  to  be  for  the  best  interests  of  the  state,  but  in 
no  case  shall  indemnity  certificates  or  scrip  be  offered  for  sale  in  quan- 
tities exceeding  eighty  acres.  When  certificates  of  indemnity  or  scrip 
are  sold  as  herein  provided,  the  surveyor  general  shall  issue  to  the  pur- 
chaser an  indemnity  certificate  of  location  or  scrip,  in  such  form  as  may 
be  by  him  provided,  containing  the  date  of  the  sale,  a  description  of  the 
lanfl,  or  statement  of  the  facts  or  other  cause  constituting  the  bases  by 
reason  of  which  tlie  state  is  entitled  to  indemnity,  the  name  of  the  per- 
son to  whom  issued,  the  price  paid  therefor,  and  the  fact  that  such  cer- 
tificate may  be  surrendered  to  the  surveyor  general,  and  the  holder  and 
owner  thereof  (provided  he  be  the  original  purchaser  of  such  certificate 
of  indemnity  or  scrip)  shall  tfe  entitled  to  have  selected  from  the  vacant 
unappropriated  lands  of  the  United  States  within  the  state  open  to 
selection,  the  same  number  of  acres  as  represented  by  the  certificate  sur- 
rendered, which  the  party  who  makes  the  surrender  shall  designate;  pro- 
vided, however,  that  if  the  laud  sought  to  be  selected  be  suitable  for 
cultivation,  then  such  jiersou  must  be  an  actual  settler  thereon,  and 
in  that  event,  he  shall  only  be  entitled  to  have  selected  or  located  for 
him  not  more  than  three  hundred  and  twenty  acres,  and  the  said  cer- 
tificate, if  representing  more  than  three  hundred  and  twenty  acres,  shall 
not  be  deemed  to  give  the  said  person  so  surrtndering  it  the  right  to 
have    selected    for    him    anv    more    than    a    single    individual    is    bv    law 


517  POLITICAL   CODE.  §  3408tl 

now  allowed  to  acquire,  and  if  any  such  certificates  of  indemnity  or  scrip 
shall  refiresent  more  than  three  hundred  and  twenty  acres,  the  said  ownir 
thereof  sliall  be  entitled  to  restitution  for  the  said  excess  to  the  amount 
paid  therefor.  If  the  lands  applied  for  be  not  open  to  entry  the  holder 
of  a  certificate  of  indemnity  shall  be  entitled  to  apply  for  other  lands 
or  receive  restitution  to  the  amount  paid  for  such  certificate  or  certifi- 
cates of  indemnity  or  scrip.  At  the  time  of  surrendering  said  cer- 
tificate said  person  so  surrendering  the  same  shall  make  and  file  the  same 
affidavit  and  application  as  is  now  required  by  laT  for  the  purchase  of 
state  school  lauds,  and  he  ^all  pay  all  fees  as  provided  by  law  in  con- 
nection with  the  sale  of  state  school  lands,  and  the  issuing  of  evidences 
of  title  therefor.  The  said  certificates  of  indemnity  or  scrip,  however, 
shall  be  held  to  be,  and  shall  be  considered  and  accepted  as  the  full 
purchase  price  for  the  land  sought  to  be  purchased  by  the  applicant. 
The  said  certificate  of  indemnity  shall  not  be  subject  to  sale  or  assign- 
ment; provided,  however,  tliat  if  the  purchaser  shall  die  without  having 
selected  lands  in  accordance  therewith,  his  successors  in  interest  or  legal 
representatives  may  surrender  the  said  certificate  and  be  entitled  to 
restitution  for  the  amount  paid  therefor.  If  it  appears,  when  any  cer- 
tificate of  indemnity  or  scrip  is  surrendered  that  the  owner  of  said 
certificate  was  not  qualified  to  purchase  state  lands  when  the  said  cer- 
tificate was  purchased,  the  said  certificate  shall  be  canceled  and  become 
null  and  void  and  he  shall  be  entitled  to  restitution  therefor.  The  sur- 
veyor general  shall  have  the  right  to  continue  any  sale,  when  he  shall 
deem  it  to  the  interest  of  the  state  so  to  do,  to  the  next  sale  date  there- 
after. Whenever  it  is  made  to  appear  to  the  satisfaction  of  the  surveyor 
general  that  the  base  or  bases  named  in  any  certificate  of  indemnity 
or  scrip  is  or  are  invalid,  or  has  or  have  been  used  in  a  previous  state 
indemnity  selection,  or  will'  not  be  accepted  by  the  land  department 
of  the  United  States,  the  owner  and  holder  thereof  may  surrender  said 
certificate  of  indemnity  or  scrip  to  the  surveyor  general  and  said  certifi- 
cate of  indemnity  or  scrip  shall  be  canceled  and  the  surveyor  general 
shall  issue  a  new  certificate  of  indemnity  or  scrip  in  lieu  thereof  contain- 
ing an  equal  amount  of  acres  of  valid  bases,  and  if  the  base  land  de- 
scribed in  the  said  canceled  certificate  of  indemnity  or  scrip  has  been 
used  in  making  a  state  indemnity  selection  for  said  owner,  the  surveyor 
general  shall  forward  to  the  United  States  land  office  an  amendatory  of 
said  state  indemnity  selection  by  substituting  the  base  land  described  in 
the  new  certificate  of  indemnity  or  scrip  for  the  base  land  in  the  certi- 
ficate canceled  by  him.  If  any  certificate  of  indemnity  or  scrip  has  been 
lost  or  destroyed  the  owner  thereof  may,  upon  filing  an  affidavit  with  the 
register  of  the  state  land  office  showing  the  facts  constituting  such  loss 
or  destruction,  have  issued  to  him  a  duplicate  thereof,  across  the  face 
of  which  shall  be  marked  in  red  ink  the  word  "duplicate,"  and  which 
shall  have  the  same  force  and  effect  as  the  original.  No  person  shall  be 
considered  as  having  made  an  entry  of  state  lands  under  the  provision 
of  this  article  until  the  lands  have  been  listed  to  the  state.     Whenever 


§§  3414-3446 


POLITICAL    CODE. 


518 


in  aecordaDce  with  the  provisions  of  this  article  any  person  shall  have 
the  right  to  recover  from  the  state  of  California  any  sum  of  money  paid 
by  him  for  a  certificate  of  indemnity  or  scrip,  he  shall  surrender  the 
same  to  the  surveyor  general  who  shall  thereupon  cancel  the  same  and 
issue  to  him  a  certificate  showing  the  amount  paid  and  the  class  of  land 
upon  which  the  payment  was  made,  and  upon  the  surrender  of  such  cer- 
tificate to  the  controller  of  state  he  must  draw  his  warrant  in  favor  of 
the  person  surrendering  the  same  for  the  amount  therein  specified,  upon 
the  treasurer  of  state,  who  must  pay  the  same  out  of  the  fund  into  which 
the  purchase  money  was  paid.  All  the  provisions  of  t*he  laws  of  this 
state  governing  the  sale  and  disposition  of  state  school  land,  where  not 
in  conflict  with  the  provisions  hereof,  shall  apply  equally  to  lands  pur- 
chased upon  the  surrender  of  certificates  of  indemnity  or  scrip.  All 
moneys  received  by  the  surveyor  general  under  the  provisions  hereof 
shall  be  disposed  of  by  him  in  the  same  manner  as  other  moneys  received 
from  the  sale  of  state  school  lands.  [Amendment  approved  May  1, 
1911;   Stats.  1911,  p.  1412.] 


§  3414. 

Citations. 

§  3415. 

Citations. 


Cal.   157/297;    158/633,    636,    637.     App.   12/270. 


Cal.   157/297;    158/637. 


§  3416. 

Citations.      Cal.    158/637. 

§  3417. 

Citations.      Cal.   158/637.      App.   9/354. 

§   3427. 

Citations.      App.   16/79,  84. 

§  3440. 

Citations.      Cal.   158/613,   614,   615,   618;    164/31. 

§  3443. 

Citations.      Cal.   158/612,  613,  614,  615,  618. 

§  3443a. 

Citations.      Cal.    158/614,  618,  619;   164/408. 

What  are  tide  lands. 

§  3444.     [Repealed  May  1,  1911;  Stats.  1911,  p.  1411.] 
Citations.     App.  9/357. 

§  3446. 

Citations.      Cal.    156/484,    532,    533;    160/C97;    163/750.      App.    14,'245,    246. 


519  POLITICAL  CODE.  §§  3447-3450 

Verification  of  petition.     Publication. 

§  3447.  The  petition  must  be  verified  by  the  affidavit  of  one  of  the 
petitioners,  and  must  be  published  for  four  weeks  preceding  the  hear- 
ing thereof  in  some  newspaper  of  general  circulation  published  in  the 
county  in  which  the  greater  part  of  the  lands  are  situated,  together 
with  a  notice  of  the  time  when  said  petition  will  be  presented  to  the 
board  of  supervisors;  an  affidavit  of  publication  must  be  filed  with  such 
petition.  [Amendment  approved  April  5,  1911;  Stats.  1911,  p.  639.] 
Citations.      Cal.   160/697;    161/568.     App.   13/384. 

When  district  is  in  different  counties. 

§  3448.  When  a  district  is  situated  partly  in  different  counties,  the 
trustees  must,  after  the  petition  has  been  granted  forward  a  copy 
thereof  and  a  copy  of  the  order  approving  the  same  to  the  clerk  of  the 
board  of  supervisors  of  each  of  the  counties  in  which  any  portion  of 
the  district  mav  lie.  [Amendment  approved  April  5,  1911;  Stats.  1911, 
p.  639.] 

Approval  of  petition.     Proof  of  publication. 

§  3449.  If  the  board  of  supervisors  find,  on  the  hearing  of  the  peti- 
tion, that  its  statements  are  correct,  they  must  make  an  order  approv- 
ing tlie  same.  If  it  be  shown  that  any  land  has  been  improperly  in- 
cluded in  the  proposed  district,  they  must,  in  their  order,  exclude  the 
same  therefrom.  If  the  board  shall  conclude  that  any  lands  susceptible 
of  the  same  mode  of  reclamation  have  been  improperly  omitted  from  the 
proposed  district,  and  the  owners  thereof  shall  not  have  appeared  at 
such  hearing,  the  board  of  supervisors  shall  by  order  continue  the  further 
hearing  of  the  said  petition,  and  direct  that  notice  be  given  to  all  such 
nonappearing  land  owners,  requiring  them  to  appear  before  said  board, 
and  show  cause,  if  any  they  have,  why  their  lands  should  not  be  in- 
cluded in  the  proposed  district.  Said  notice  must  be  given  by  publi- 
cation in  the  same  manner  as  the  original  petition  and  for  the  same 
period. 

Proof  of  publication  of  the  said  notice  shall  be  filed  with  the  clerk 
of  said   board   on   or  before  the  day  to  which  such  continuance   is   had. 

The  board  may  grant  further  continuances,  by  order  entered  upon  their 
minutes  to  the  end  that  a  full  hearing  may  be  had.  Upon  the  final  hear- 
ing of  said  matter  the  board  shall  make  an  order  approving  the  said 
petition,  as  originally  presented,  or  in  a  modified  form,  such  order  shall 
describe  the  exterior  boundaries  of  the  district,  as  determined  by  the 
board,  and  shall  be  indorsed  upon  or  attached  to  the  petition,  and  be 
signed  by  the  president  and  attested  by  the  clerk  of  the  board. 
[Amendment  approved  April  5,  1911;  Stats.  1911,  p.  639.] 
Citations.      Cal.   156/484;   163/750. 

Recording  of  petition. 

§  3450.  The  petition,  together  with  the  order  of  the  board,  indorsed 
thereon   or  attached   thereto,  must   then   be   recorded  by  the   county   re- 


§§3452,3453  political  code.  520 

corder  in  a  book  kept  for  the  purpose  of  recording  papers  relating  to 
reclamations,  and  a  certified  copy  thereof  forwarded  to  the  register  of 
the  state  land  office.  [Amendment  approved  April  5,  1911;  Stats.  1911, 
p.  640.] 

§  3452. 

Citations.     App.   11/404,  411. 

Election  of  district  trustees.  Office  of  trustees.  Proceeding's  to  deter- 
mine legality  of  district. 

§  3453.  After  the  forniation  of  the  district  and  the  adoption  of  by- 
laws, the  board  of  supervisors  of  the  county  where  the  greater  part  of 
the  district  is  situated,  on  the  application  of  a  land  owner  of  the  dis- 
trict, must  call  an  election  in  compliance  with  the  provisions  of  section 
3491  of  this  code,  at  which  election  there  must  be  elected,  under  and 
in  pursuance  of  the  provisions  of  said  section  3491,  three  eligible  per- 
sons, who  shall  constitute,  when  elected  and  qualifird,  the  board  of 
trustees  of  the  district,  for  the  management  of  the  affairs  thereof,  and 
who  shall  hold  office  for  two  years  next  succeeding  their  election,  .and 
until  their  successors  are  elected  and  qualified.  The  board  of  trustees 
must  keep  an  office  in  or  near  the  district  for  the  transaction  of  the 
business  thereof,  and  the  books,  maps,  papers,  records,  contracts,  and 
other  documents  pertaining  to  the  affairs  of  the  district  must  be  open 
to  inspection  at  all  times  by  any  person  interested.  From  and  after 
the  election  of  said  trustees  said  district  shall  be  deemed  organized  and 
shall  have. power  to  sue  and  \>e  sued. 

The  trustees  of  any  reclamation  district  may  commence  a  proceeding 
in  the  superior  court  of  the  county  where  the  greater  portion  of  the 
district  is  situated  to  determine  the  legality  of  the  existence  of  such 
district.  The  complaint  in  such  proceeding  shall  describe  the  district 
by  number  and  the  exterior  boundaries  thereof,  and  shall  contain  a 
prayer  that  sufh  district  be  nd.iudged  a  legal  reclamation  district.  The 
summons  in  such  proceeding  shall  be  served  by  publishing  a  copy  thereof 
for  four  weeks  in  some  newspaper  of  general  circulation  published 
in  each  county  whore  auy  part -of  said  district  is  situated.  Within 
thirty  days  after  the  last  publication  of  said  summons  any  person  who 
may  be  interested  may  appear  and  answer  said  complaint,  in  which 
answer  the  facts  relied  upon  to  show  the  invalidity  of  the  district  shall 
be  set  forth.  If  no  answer  shall  be  filed,  the  court  must  render  ,indg- 
ment  as  prayed  for  in  the  complaint.  If  any  answer  shall  be  filed, 
the  court  shall  thereafter  proceed  as  in  other  civil  cases,  but  no  district 
shall  be  adjudged  invalid  when  it  appears  that  such  district  has  for  five 
years  prior  to  the  commencement  of  such  proceeding  been  prosecuting 
or  maintaining  its  works  of  reclamation  in  good  faith.  The  proceeding 
under  this  section  is  hereby  declared  to  be  a  proceeding  in  rem.  and 
the  judgment  rendered  therein  shall  be  conclusive  against  all  persons 
whomsoever  and  against  the  state  of  California. 


521  roi.iTicAL  CODE.        §§  3454, 3455 

No  proceeding  in  quo  warranto,  nor  any  similar  action,  or  proceeding, 
shall  be  maintained  in  the  name  of  the  people  of  the  state  of  California 
against  any  reclamation  district  that  t<hall  have  continuously  for  five 
years  next  preceding  the  eomaienc^ment  of  such  proceeding  been  acting 
as  such  and  prosecuting  or  maintaining  its  works  of  reclamation  in  good 
faith;  provided  that  this  provision  shall  not  affect  proceedings  that  are 
now  pending.     [Amendment  approved  April  5,  1911^  Stats.  1911,  p.  640.] 

Powers  of  trustees.     Expenses.     Compensation.     Meetings. 

§  3454.  The  board  of  trustees  shall  have  the  power  to  elect  one  of 
its  members  president  thereof;  to  employ  engineers  and  others  to  survey, 
plan,  locate,  and  estimate  the  cost  of  the  works  necessary  for  the  recla- 
mation of  the  lands  of  the  district;  to  thereafter,  at  any  time,  in  its 
discretion,  modify  or  change  such  original  plan  or  plans,  or  adopt  new, 
supplemental,  or  additional  plan  or  plans,  when,  in  its  judgment,  the 
same  shall  have  become  necessary;  to  acquire,  by  purchase,  condemna- 
tion, or  other  legal  means,  the  right  of  way,  and  the  right  to  take  mate- 
rial for  the  construction  of  all  works  necessary  for  the  accomplishment 
of  that  object,  including  drains,  canals,  sluices,  bulkheads,  water-gates, 
levees,  embankments  and  pumping  plants,  and  to  construct,  maintain, 
and  keep  in  repair  all  works  requisite  and  necessary  to  that  end;  and 
to  do  all  other  acts  and  things  necessary  or  required  for  the  reclama- 
tion of  the  lands  embraced  in  the  district.  The  several  members  of  the 
board  shall  each  be  entitled  to  receive  for  actual  and  necessary  services 
performed  and  for  expenses  incurred  by  them,  respectively,  for  and  in 
the  interest  of  the  district,  such  compensation  as  the  board  may  deter- 
mine to  be  just  and  reasonable  and  shall  allow  the  same  which  shall 
constitute  an  indebtedness  of  the  district,  which  must  be  paid  in  the 
same  manner,  and  out  of  the  same  fund,  as  other  debts  of  the  district; 
provided,  that  no  warrant  or  order  drawn  for  such  purpose  shall  be 
valid  until  approved  by  the  board  of  supervisors  of  the  proper  county. 
No  trustee  shall  be  disqualified  from  participating  in  any  and  all  pro- 
ceedings or  actions  of  the  board  of  trustees,  excepting  that  he  shall  not 
cast  the  deciding  vote  upon  a  motion  or  resolution  to  pay  money,  or 
award  a   contract   directly  to  himself. 

Any  meeting  of  the  trustees  at  which  all  of  the  members  of  the 
board  are  present  shall  be  deemed  a  regular  meeting,  at  which  any  busi- 
ness mav  be  transacted.  [Amendment  approved  April  5,  1911;  Stats. 
1911,  p.  641.] 

Citations.      Cal.   155/351;   158/201. 

Plans  to  be  reported  to  supervisors. 

§  3455.  The  board  of  trustees  must  report  to  the  board  of  supervisors 
of  the  county  where  the  district  of  [or]  the  greater  portion  thereof  is 
situated,  such  original  plan  or  plans  of  the  work;  and  every  such  new. 
supplemental,  or  additional  plan,  if  any,  together  with  the  estimates  of 
the  cost  of  the  works  necessary  for  the  reclamation  of  the  lands  of  the 


§§3456,3457  political  code.  522 

district  in  pursuance  of  any  such  plan  or  plans;  together,  also,  with  an 
estimate  of  incidental  expenses.  The  said  plan  or  plans  and  estimates 
may  include  any  levees  or  other  reclamation  works  already  constructed, 
and  payments  therefor  may  be  made  to  the  person  or  persons  who  con- 
structed the  same,  or  to  the  grantee  of  the  lands  for  the  benefit  of  which 
such  levees  or  other  works  of  reclamation  were  constructed  by  the  owner 
of  such  lands,  and  no  trustee  shall  be  disqualified  to  make  or  approve 
such  plans  or  estimates  because  of  his  ownership  of  any  levee  or  other 
reclamation  works  included  in  such  plan,  or  the  cost  of  which  is  em- 
braced in  said  estimates,  but  he  shall  be  disqualified  to  vote  for  the 
issuance  of  any  warrant  or  order  to  himself  in  payment  therefor. 
[Amendment  approved  April  5,  1911;  Stats.  1911,  p.  642.'] 

Citations.      Cal.  155/348;    158/202;    159/236;    160/693,   694,   695. 

CommisslonerB  to  assess  charges  for  reclamation. 

§  3456.  The  board  of  supervisors  of  the  county  in  which  the  district 
is  sitiiatefl,  or  if  the  district  is  in  more  than  one  county,  then  the  board 
of  supervisors  of  the  county  in  which  the  greater  portion  of  the  land 
in  said  district  is  situated,  must  appoint  three  commissioners,  who  shall 
have  no  interest  in  any  real  estate  within  said  district,  each  of  whom, 
before  entering  upon  his  duties,  shall  make  and  subscribe  an  oath  that 
"he  is  not  in  any  manner  interested  in  any  real  estate  within  said  dis- 
trict, directly  or  indirectly,  and  that  he  will  perform  the  duties  of  a 
commissioner  to  the  best  of  his  ability.  Said  commissioners  must  view 
and  assess  upon  the  land  within  said  district  the  said  sum  so  estimated 
and  shall  apportion  the  same  according  to  the  benefits  that  will  accrue 
to  each  tract  of  land  in  said  district,  respectively,  by  reason  of  the 
expendiitures  of  said  sums  of  money,  and  shall  estimate  the  same  in  gold 
coin  of  the  United  States.  The  same  must  be  collected  and  paid  into 
the  county  treasury  as  hereinafter  provided,  and  be  placed  by  the  treas- 
urer to  the  credit  of  the  district,  and  paid  out  for  the  works  of  recla- 
mation upon  the  warrants  of  the  trustees,  approved  by  the  board  of 
supervisors,  or,  if  bonds  of  such  district  have  been  issued  upon  said  as- 
sessment, then  said  treasurer  shall  set  the  same  apart  as  a  separate  fund 
for  the  purpose  of  paying  the  principal  and  interest  of  such  bonds,  and 
shall  not  pay  any  part  of  the  moneys  received  from  such  asressraent 
for  any  purpose  other  than  the  payment  of  the  principal  and  interest 
of  such  bonds.  [Amendment  approved  April  5,  1911;  Stats.  1911, 
p.  642.] 

Citations.      Cal.    155/351;    158/200;    160/695.      App.    11    »04,    415,    416. 

Warrants. 

§  3457.  The  warrants  drawn  by  the  trustees  must,  after  they  are  ap 
proved  by  the  board  of  supervisors,  be  presented  to  the  treasurer  of 
the  county,  and  if  they  are  not  paid  on  presentation,  such  indorsement 
must  be  made  thereon,  and  they  must  be  registered  and  bear  iutere.<t 
from  the  date  of  such  warrant  at  the  rate  of  seven  per  cent  per  annum. 


523  POLITICAL  CODE.  §§  3459-3461 

and  gncli  warrants  are  and  shall  be  considered  as  contracts  in  writing 
for  the  payment  of  money,  and  the  period  prescribed  for  the  commence- 
ment of  an  action  based  upon  said  warrants,  or  connected  therewith,  is 
and  shall  be  the  term  of  four  years  from  the  date  of  their  issuance. 
An}'  owner  of  land  in  the  district  may  at  any  time  pay  any  assessment 
thereon  (excepting  an  assessment  upon  which  bonds  have  been  issued), 
or  any  part  thereof,  with  warrants  of  the  district.  No  warrant  shall 
be  paid  or  received  on  an  assessment,  except  within  four  years  after 
the  date  of  its  issuance.  The  board  of  trustees  and  the  treasurer  must 
cancel  all  warrants  not  paid  within  four  years  after  date  of  issuance; 
provided,  that  any  warrant  not  paid  or  received  on  assessment  within 
four  years  after  the  issuance  may,  before  the  expiration  of  such  four 
years,  upon  the  demand  of  the  owner  or  holder,  be  extended  for  a  like 
period  of  four  j'ears,  upon  the  presentation  of  the  same  to  the  board 
of  trustees  of  the  district,  such  extension  being  indorsed  thereon  by 
said  board  and  a  record  thereof  filed  with  the  treasurer.  In  case  an 
action  or  proceeding  based  upon  any  warrant  or  connected  therewith,  be 
commenced  within  four  years  after  the  issuance  of  such  warrant,  and 
final  judgment  be  obtained  in  favor  of  the  holder  or  owner  thereof,  such 
warrant  shall  be  paid  or  received  on  assessment  the  same  as  if  it  had 
been  paid  or  received  on  assessment  before  the  expiration  of  said  four 
years  from  the  date  of  its  issuance. 

In  any  proceedings  for  a  writ  of  mandate  to  compel  the  trustees  to 
issue  a  warrant,  if  a  controversy  arises  as  to  the  amount  that  may  be 
due  to  the  plaintiff,  the  court  must  determine  the  same  in  the  manner 
provided  for  determining  controversies  in  other  civil  actions,  and  shall 
cause  a  writ  to  issue  for  such  sum  as  may  be  found  to  be  due.  [Amend- 
meint  approved  Aptil  5,  1911;  Stats.  1911,  p.  643. J 
Citations.      Cal.   162/402,  403,  404,  406. 

§  3459. 

Citations.      Cal.  155/348,  349,  350:   156/533;   158/199,  202. 

Commissioners  to  make  assessment  list. 

§  3460.  The  commissioners  appointed  by  the  board  of  supervisors 
must  make  a  list  of  the  charges  assessed  against  each  tract  of  land; 
and  if  there  be  any  error  or  mistake  in  the  description  of  the  land,  or 
in  the  name  of  the  owner,  or  if  any  land  which  should  be  assessed  has 
been  or  shall  be  omitted  from  the  list,  or  if  there  is  any  error  or  mis- 
take in  any  other  respect,  the  commissioners  may  amend  or  correct  the 
same  at  any  time  before  the  lists  shall  have  been  approved  by  the  board 
of  supervisors  as  hereinafter  provided.  [Amendment  approved  April  5, 
1911;  Stats.  1911,  p.  643.] 

Citations.      Cal.   158/200,  206. 

List  must  contain. 

§  3461.     The  list  must  contain: 

1.  A  description  of  each  tract  assessed  by  legal  subdivisions,  swamp- 
land surveys^  or  other  boundaries  sufficient  to  identify  the  same. 


§  3462  POLITICAL   CODE.  524 

2.  The  number  of  acres  in  each  tract. 

3.  The  names  of  the  owners  of  each  tract,  if  known;  and  if  unknown, 
that  fact;  but  no  mistake  or  error  in  the  name  of  the  owner  or  sup- 
posed owner  of  the  property  assessed,  and  no  mistake  in  any  other  par- 
ticular, shall  render  the  assessment  thereof  invalid. 

4.  The  amount  of  the  charge  assessed  against  each  tract.  [Amend- 
ment approved  April  5,  1911;   Stats.  1911,  p.  643.] 

Citations.     Cal.  158/200,  204;   160/693;    (subd.  4)   160/693. 

Lists  to  be  filed.     Objections  to  assessment.    Actions  in  superior  court. 

§  3462.  Raid  lists,  when  completed,  shall  be  filed  with  the  clerk  of 
the  Vjoard  of  supervisors  of  the  county.  The  board  of  supervisors  shall 
appoint  a  time  when  it  will  meet  for  the  purpose  of  hearing  objections 
to  said  assessment,  and  notice  of  such  hearing  shall  be  given  by  publi- 
cation for  two  weeks  in  some  newspaper  of  general  circulation  published 
in  said  county.  At  any  time  before  the  date  of  such  hearing,  any  per- 
son interested  in  any  land  upon  which  any  charge  has  been  assessed  may 
file  written  objections  to  such  assessment,  stating  the  grounds  of  such 
objections,  which  said  statement  shall  be  verified  by  the  affidavit  of 
such  person,  or  some  other  person  who  is  familiar  with  the  facts.  At 
said  hearing  the  board  of  supervisors  shall  hear  such  evidence  as  may 
be  offered  in  support  of  said  written  objection  and  may  modify  or  amend 
the  said  assessment  in  any  particular,  or  make  a  reapportionment  of 
the  entire  assessment.  If  the  amount  of  any  assessment  in  said  list  shall 
be  changed,  the  board  of  supervisors  shall  set  a  day  for  hearing  objec- 
tions to  said  assessment  as  changed,  and  shall  give  notice  thereof  by 
publication  for  two  weeks  in  some  newspaper  published  in  the  county, 
At  such  hearing  objections  in  writing  may  be  made  by  any  person  inter- 
ested and  the  board  of  supervisors  shall  proceed  to  hear  the  same  in 
the  same  manner  as  upon  tlie  original  hearing.  If  the  amount  of  any 
assessment  shall  again  be  changed  the  board  of  supervisors  shall  pro- 
ceed as  before  to  give  notice  and  to  hear  objections  thereto,  and  shall 
proceed  in  a  similar  manner  until  the  amount  of  each  assessment 
shall  be  finally  fixed  and  approved.  The  board  of  supervisors  shall  then 
make  an  order  approving  said  assessment,  and  shall  indorse  such  order 
upon  said  assessment  list,  which  said  indorsement  shall  be  signed  by 
the  chairjuan  of  said  board  of  supervisors  and  attested  by  the  clerk 
thereof,  and  such  decision  of  said  board  of  supervisors  shall  be  final,  and 
thereafter  said  assessment  list  shall  be  conclusive  evidence  that  the  said 
asessmont  has  been  made  an<l  levied  according  to  law.  except  in  an 
action  commenced  as  hereinafter  provided.  The  lists  shall  then  be  filed 
with  the  county  treasurer,  or,  if  the  district  is  situated  in  more  than 
one  county,  then  the  original  list  must  be  filed  in  the  county  where  the 
greater  portion  of  the  lands  of  said  district  is  situated,  and  copies  there- 
of certified  by  the  treasurer  must  be  filed  with  the  treasurer  of  each 
of  the  other   counties. 

No  olijection  to  such  assessment  shall  be  considered  by  the  board  of 
supervisors,   or   allowed   in   any   other   action   or   proceeding,  unless   such 


'"»25  POLITICAL  CODE.  §§  3463-3466 

objection  shall  have  been  made  in  writing  to  the  board  of  Supervisors  as 
above  spcfified. 

Any  person  aggrieved  by  the  decision  of  the  board  of  supervisors  may 
commeace  an  action  in  the  superior  court  of  the  county  in  which  the 
greater  part  (^f  said  district  is  situated  to  have  said  assessment  cor- 
rected, modified  or  annulled.  Such  action  must  be  commenced  within 
thirty  days  after  said  assessment  list  has  been  filed  in  the  office  of  the 
county  treasurer.  If  said  action  shall  not  be  commenced  within  thirty 
days,  no  action  or  defense  shall  thereafter  be  maintained  attacking  the 
legality  of  said  assessment  in  any  respect.  [Amendment  approved  April 
5,  1911;  Stats.  1911,  p.  614.] 
Citations.      Cal.  156/533. 

Charges  assessed  become  lien. 

§  3163.  From  and  after  the  filing  of  the  list  or  certified  copy  thereof 
with  the  treasurer,  the  charges  assessed  upon  any  tract  of  land  within 
the  county  shall  constitute  a  lien  thereon  and  shall  impart  notice  thereof 
to  all  persons.  No  subsequent  act  or  conduct  of  the  trustees  shall  invali- 
date said  assessment  or  lien,  but  such  trustees  may  be  compelled  by 
mandate,  or  other  proper  proceeding,  to  perform  their  duties  as  required 
by  law.  [Amendment  approved  April  5,  1911;  Stats.  1911,  p.  645.] 
Citations.     Cal.  156/533. 

Credit  to  be  given  to  owner  of  land. 

§  3464.      [Repealed  April  5,  1911;  Stats.  1911,  p.  656.] 

Pasrments. 

§  3465.  The  lists  must  remain  in  the  office  of  the  treasurer  for  thirty 
days;  and  during  the  time  the}'  so  remain  any  person  may  pay  the 
amount  of  the  charge  assessed  against  any  tract  of  land,  to  the  treas- 
urer, in  gold  coin  of  the  United  States,  or  in  warrants  by  the  district 
drawn  by  order  of  the  trustees  thereof,  and  approved  by  the  board  of 
supervisors  of  the  county.  [Amendment  approved  April  5,  1911;  Stats. 
1911,  p.  645.] 

Citations.     Cal.   156/533;   162/402,  405. 

Collection  of  unpaid  assessments. 

§  3466.  At  the  end  of  thirty  days,  the  treasurer  must  return  the  lists 
to  the  board  of  trustees  of  the  district,  and  all  unpaid  assessments  shall 
thereafter  bear  interest  at  the  rate  of  seven  per  cent  per  annum,  and 
shall  be  collected  and  paid  in  separate  installments,  of  such  amounts,  and 
at  such  times,  respectively,  as  the  board,  from  time  to  time,  in  its  dis- 
cretion, may,  by  order  entered  in  its  minutes,  direct;  if  any  such  install- 
ment shall  remain  unpaid  at  the  expiration  of  thirty  days  from  the 
date  of  the  order,  then  said  installment  shall  become  delinquent,  together 
with  the  accrued  interest  thereon,  and  ten  per  cent  of  the  amount  of 
said  installment  and  ipterest   shall  be  added  thereto,  and   collected   for 


§  3466  POLITICAL   CODE.  526 

the  use  of  th'fe  district;  provided,  further,  that  the  trustees  must  on  the 
first  day  of  January  of  each  year,  except  when  bonds  shall  have  been 
issued  on  the  assessment,  order  the  collection  of  a  sufficient  amount  of 
said  assessment  to  pay  all  warrants  that  have  been  issued  and  out- 
standing for  a  period  of  two  years  or  more,  together  with  the  interest 
on  such  warrants. 

Immediately  after  the  said  installment  has  become  delinquent,'  the 
trustees  of  the  district  must  publish  a  notice  at  least  once  each  week  for 
three  weeks  in  some  newspaper  of  general  circulation  published  in  the 
county  where  said  district,  or  the  greater  part  thereof,  is  situated,  which 
notice  shall  contain  a  description  of  the  property  assessed,  the  name 
of  the  person  to  whom  it  is  assessed,  or  a  statement  that  it  is  assessed 
to  unknown  owners,  if  such  is  the  fact;  the  amount  of  the  delinquent 
installment,  the  amount  of  the  interest  at  the  date  of  delinquency, 
the  amount  of  the  penalty  that  has  been  added  as  above  provided,  and 
a  notice  that  the  property  assessed  will  be  sold  on  a  date  therein  stated, 
in  front  of  the  courthouse  of  said  county,  to  pay  said  installment  with 
accrued  interest  and  the  penalty  hereinl)efore  specified.  At  the  time 
stated  in  said  notice,  or  such  other  time  to  which  said  sale  may  have 
been  postiicned,  the  trustees  must  sell  said  projierty  to  the  highest  bid- 
der for  gold  coin  of  the  L'nited  States.  Out  of  the  proceeds  of  said  sale 
the  trustees  must  pay  the  amount  of  said  installment  with  the  accrued 
interest  thereon  and  the  penalty  herein  provided  for  to  the  county 
treasurer,  who  shall  place  the  same  in  the  proper  funds  of  said  district, 
and  the  trustees  must  pay  to  the  owner  of  said  property  any  surplus 
remaining  after  such  payment  to  the  county  treasurer.  The  trustees 
may  postpone  said  sale  from  time  to  time  by  a  written  notice  posted  at 
the  place   of  sale. 

If  no  bid  is  made  for  said  property  equal  to  the  amount  of  said 
installment,  accnieil  interest  and  penalty,  the  district  shall  become  the 
purchaser,  and  the  said  property  must  be  struck  off  to  the  district  for 
the  amount  of  said  installment,  accrued  interest  and  penalty.  ,\  certifi- 
cate of  such  sale  shall  be  executed  by  the  trustees  to  the  purchaser,  or 
to  the  district,  if  the  property  shall  have  been  struck'  off  to  the  dis- 
trict, and  saiil  certificate  of  sale  shall  be  recorded  in  the  office  of  the 
count}'  recorder  of  said  county.  Any  person  interested  in  said  prop- 
erty may  redeem  the  same  at  any  time  within  one  year  after  the  date 
of  said  sale,  by  paying  to  the  county  treasurer  the  amount  of  said 
installment  with  the  accrued  interest  and  jteualty,  and  interest  on  th* 
said  sums  at  the  rate  of  two  per  cent  per  month  from  the  date  of  said 
sale. 

If  no  redemption  shall  be  made  within  said  one  year,  the  purchaser, 
or  the  district,  if  said  property  shall  have  been  sold  to  the  district,  shall 
be  entitled  to  a  deed  executed  by  said  trustees,  and  the  effect  of  such 
deed  shall  be  to  convey  said  property  free  of  all  liens  and  encnmljrauces, 
exceiiting  state,  county  and  municipal  taxes,  and  the  unpaid  balance  of 
said  assessment,  which  said   balance  must  be  called  in  and  collected   in 


527  POLITICAL  CODE.  §§  3466V->-3^76 

the  same  manner  as  other  assessments;  provided,  that  where  said  prop- 
erty shall  have  been  deeded  to  the  district  and  shall  not  have  been 
pold  by  the  trustees,  the  same  shall  not  be  offered  for  sale  for  subse- 
quent installments  of  said  assessment  so  long  as  the  district  shall  remain 
the  owner  of  said  property,  but  the  trustees  may  sell  said  property  at 
any  time  at  public  auction  after  notice  given  for  the  same  period  and 
in  the  same  manner  as  is  herein  provided  for  sales  for  delinquent  install- 
ments, but  not  for  a  sum  less  than  all  delinquent  unpaid  installments, 
with  accrued  interest  and  penalties,  and  the  deed  executed  in  pursuance 
of  such  sale  shall  convey  said  property  free  of  all  encumbrances,  except 
state,  county  and  other  municipal  taxes  and  the  unpaid  balance  of  said 
assessment.  Assessments  heretofore  made  in  any  reclamation  district 
shall  be  validated  and  collected  in  the  manner  provided  by  law  at  the 
time  such  assessments  were  made.  [Amendment  approved  April  5,  1911; 
Stats.  1911,  p.  645.]  ^ 

Citations.      Cal.    156/532,  533;  162/403,  404,  406, 

Invalid   assessment. 

§  3466V2-  111  all  cases  in  which  an  assessment  shall  hfive  been  levied 
or  shall  hereafter  be  levied  for  reclamation  purposes  upon  the  lands 
embraced  within  any  reclamation  district,  and  if  the  assessment  upon 
any  tract  or  tracts  of  land  shall  have  thereafter  been  adjudged  invalid 
by  any  court  of  competent  jurisdiction,  or  if,  for  any  reason,  any  tract 
or  tracts  of  land  shall  not  have  been  charged  with  said  assessment,  then 
such  tract  or.  tracts  of  land  shall  be  charged  in  any  subsequent  assess- 
ment with  such  proportion  of  the  former  assessment,  as  the  benefits 
derived  by  said  land  from  the  reclamation  works  for  which  the  former 
assessment  was  levied  bears  to  the  whole  amount  of  said  former  assess- 
ment; or  a  subsequent  reassessment  of  such  tract  or  tracts  of  land  may 
be  made  separately  for  the  purpose  of  charging  said  land  with  its  proper 
proportion  of  the  costs  of  reclamation.  Such  reassessment  shall  be  made 
by  commissioners  appointed  by  the  board  of  supervisors  as  provided  in 
section  3456  of  this  code,  and  must  be  made  and  approved  in  the  same 
manner  as  other  assessments.  [Amendment  approved  April  5,  1911; 
Stats.  1911,  p.  647.] 

Citations.      Cal.   158/200,  204,  205,  206. 

§  3472. 

Citations.      Cal.   156/484. 

Power  of  supervisors  to  let  contracts,  etc. 

§  3475.      [Repealed  April  5,  1911;  Stats.  1911,  p.  656.] 

Certificate   of   completion   of   work. 

§  3476.  Whenever  the  trustees,  or  owners  of  land,  if  there  be  no 
trustees,  certify  under  oath  to  the  board  of  supervisors  of  the  county 
where  the  greater  part  of  the  district  is  situated,  and  show  to  their 
satisfaction  that  the   works   of  reclamation  are   completed,   or  that   two 


§§3478-3480  poi.itical  code.  528 

dollars  per  acre,  in  gold  coin,  has  been  expended  on  the  works  of  recla- 
mation, the  board  of  supervisors  must  thereupon  certify  such  facts  to 
the  register.  When  the  works  ^f  reclamation  are  completed,  and  any 
money  remains  in  the  county  treasury  to  the  credit  of  any  district,  or 
when  for  any  reason  there  is  any  money  to  the  credit  of  said  <listrict 
in  said  treasury  which  may  not  be  needed  for  the  purposes  of  such 
district  the  board  of  trustees  may,  by  an  order  entered  on  the  records 
of  said  board,  cause  such  money  to  be  distributed  amongst  the  owners 
of  land  within  said  district  in  such  proportion  as  the  owners  of  said 
lands  contributed  to  the  creation  of  said  fund  through  assessments  or 
otherwise.     [Amendment  approved  April  5,  1911;  Stats.   1911,  p.  647.] 

All  reclamation  districts  subject  to  provisions  of  Political  Code. 

§  3478.  All  reclamation  districts  now  legally  existing  in  this  state, 
which  were  created  by  or  formed  umlei-  the  provisions  of  any  statute 
of  the  state,  shall  henceforth  be  subject  to  the  provisions  of  the  Politi- 
cal Code  of  the  state  of  California  relating  to  reclamation  districts  the 
same  as  though  such  districts  had  been  formed  by  or  create<l  under 
the  provisions  of  said  code  relating  to  "swamp  and  overflowed,  salt 
marsh  and  tide  lands";  provided,  that  this  provision  shall  not  affect  any 
proceeding  that  shall  have  been  already  commenced  for  the  levy  or 
collection  of  assessments  in  such  districts  when  this  act  takes  effect,  nor 
shall  it  affect  any  act  done  or  performed  in  relation  to  the  affairs  of 
such  districts  prior  to  such  last  mentioned  date,  nor  the  indebtedness 
of  such  districts  theretofore  incurred,  excepting  as  to  the  method  of 
liquidating  such  indebtedness;  and  all  the  provisions  of  the  Political 
Code  for  assessments  and  issuing  bonds  by  reclamation  districts  are 
hereby  made  applicable  to  the  districts  mentioned  in  this  sectioo. 
[Amendment  approved  April  5,  1911;   Stats.   1911,  p.  648.] 

Bonds  may  be  issued. 

§  3480.  Whenever  in  any  reclamation  district  in  this  state,  now 
formed  or  which  may  hereafter  be  formed,  any  assessment  has  been 
levied  and  assessed  upon  the  lands  of  said  district,  and  remains  unpaid 
in  whole  or  in  part,  where  in  the  judgment  and  opinion  of  the  board 
of  trustees  of  said  district  it  would  be  for  the  best  interests  of  said 
district  or  the  land  owners  therein  to  issue  bonds  for  the  purpose  of 
obtaining  money  to  pay  the  costs  of  reclamation,  the  indebtedness  of 
the  district,  or  any  other  legal' charge,  or  when  a  petition  signed  by  the 
owners  of  more  than  one-haif  of  the  land  in  the  district  is  filed  with 
the  secretary  of  the  board,  the  board  of  trustees  of  6nch  district  shall 
by  order  entered  upon  the  records  of  said  board  order  a  special  election 
to  be  held  at  some  place  in  said  district  to  be  designated  by  said  board 
of  trustees,  at  which  said  special  election  shall  be  submitted  to  the 
owners  of  land  in  said  district  the  question  of  whether  or  not  bonds  of 
said  district  shall  be  issued  in  an  amount  equal  to  the  amount  of  such 
assessment,    or    the    part    of    such    assessment    remaining    unpaid,    which 


529  POLITICAL  CODE.  §  3480 

said  amount  shall  be  entered  by  said  board  of  trustees  in  its  records 
and  stated  by  them  in  the  order  for  such  special  election. 

Notice  of  such  special  election  must  be  given  by  the  board  of  trustees 
by  posting  notices  thereof  in  at  least  three  pulDlic  places  in  the  dis- 
trict at  least  twenty  days  prior  thereto,  and  also  by  publication  for  the 
same  length  of  time  in  some  newspaper  of  general  circulation  published 
in  each  county  in  which  any  portion  of  said  district  may  be  situated; 
and  such  notice  must  specify  the  time  and  place  of  holding  such  elec- 
tion, the  amount  of  bonds  proposed  to  be  issued  and  the  names  of  three 
landholders  of  the  district  to  act  as  a  board  of  election.  Affidavits  of 
the  publication  and  posting  of  such  notice  must  be  filed  with  the  clerk 
of  the  board  of  supervisors. 

At  such  election  each  owner  of  lands  in  the  district  shall  be  entitled 
to  vote  in  person  or  by  proxy  and  shall  have  the  right  to  cast  one  vote 
for  each  dollar's  w^orth  of  real  estate  owned  by  him  in  the  district,  the 
value  thereof  to  be  determined  from  the  next  preceding  assessment-roll 
of  the  county  where  the  same  is  situated,  and  the  board  of  trustees  of 
the  district  shall,  prior  to  the  election,  procure  from  the  assessor  of 
each  county  where  any  portion  of  the  district  is  situated  a  list,  certi- 
fied by  such  assessor,  containing  a  description  of  all  the  lands  of  the 
district  situated  in  such  county,  the  name  of  the  person  to  whom  each 
tract  is  assessed  and  the  value  thereof  as  appeai"s  from  the  assessment- 
roll  of  said  county,  which  said  list  shall  be  furnished  to  and  be  used 
by  the  said  board  of  election  in  determining  the  number  of  votes  each 
voter  is  entitled  to  cast.  Executors,  administrators,  special  adminis- 
trators and  guardians  may  cast  the  votes  of  the  estates  represented  by 
them.  "Where  a  tract  of  land  is  situated  partly  within  and  partly  with- 
out the  boundaries  of  such  district  and  the  assessment-roll  contains  a 
valuation  of  said  tract  of  land  as  a  whole,  the  same  must  be  apportioned 
according  to  the  number  of  acres  lying  within  and  without  the  bound- 
aries of  said  district.  No  person  shall  vote  by  proxy  at  such  election 
unless  authority  to  east  such  vote  shall  be  evidenced  by  an  instrument 
in  writing,  duly  acknowledged  and  certified  in  the  same  manner  as  grants 
of  real  property  and  filed  with  the  board  of  election.  The  ballots  cast 
at  such  election  shall  contain  the  words:  "Bonds — Yes,"  or  the  words: 
"Bonds — No,"  and  also  the  name  of  the  person  easting  the  ballot  with 
the  number  of  votes  cast  by  him.  A  list  of  the  ballots  cast  shall  be 
made  by  the  board  of  election,  containing  the  name  of  the  voter,  and 
if  the  ballot  be  cast  by  proxy,  the  name  of  the  person  casting  it,  the 
number  of  votes  cast  and  whether  the  same  be  cast  for  or  against  the 
issuing  of  the  bonds. 

If  the  persons,  or  any  of  them  appointed  and  specified  in  the  notice 
of  election  as  the  board  of  election  fail  to  attend  at  the  time  and  place 
appointed  for  the  election,  the  voters  present  at  the  time  for  opening 
the  polls  may  appoint  any  landholder  of  the  district  then  present  to 
fill  the  place  of  any  absent  member  thereof.  Each  member  of  such 
board  of  election  must,  before  entering  upon  Ms  duties  as  such,  take 
S4 


§  3480  POLITICAL   CODE,  530 

an  official  oath  as  such  niem'ber  of  the  board  of  election,  which  said 
oath  may  be  administered  by  any  officer  authorized  to  administer  oaths 
or  by  any  landholder  in  the  district.  The  polls  shall  be  kept  open  for 
the  reception  of  votes  from  10  o'clock  A.  M.  until  4  o'clock  P.  M.  At 
the  close  of  the  polls  the  board  of  election  shall  at  once  proceed  to 
canvass  the  votes  and  declare  the  result  an  i  shall  forward  a  certificate, 
showing  the  same  and  the  number  of  votes  cast  for  and  against  the  is- 
suing of  bonds,  to  the  clerk  of  the  board  of  supervisors  of  the  county 
in  which  the  greater  portion  of  the  lands  of  said  district  is  situated 
and  deliver  a  duplicate  thereof  to  the  board  of  trustees  of  the  district, 
and  sliall  also  deliver  to  the  said  clerk  of  the  board  of  supervisors  all 
ballots  cast  at  such  election  and  all  documents  and  papers  used  at 
such  election.  Any  person  interested  may  contest  such  election  within 
twenty  days  after  the  result  thereof  has  been  declared  by  filing  a  com 
plaint  in  the  superior  court  of  the  county  where  such  election  was  held, 
and  if  no  contest  shall  be  commenced  within  said  time,  the  declaration 
of   the   result   of   the   board   of   election   shall   be   final   and   conclusive. 

If  a  majority  of  the  votes  cast  at  such  election  are  in  favor  of  the 
issuance  of  bonds,  the  board  of  trustees  of  the  district  shall  cause 
bonds  in  the  amount  stated  in  the  order  for  the  election  to  be  executed 
and  delivered,  together  with  the  assessment  list,  to  the  treasurer  of 
the  county  in  which  the  greater  portion  of  the  lands  of  said  district  is 
situated.  Said  bonds  shall  be  of  the  denomination  of  not  less  than  one 
hundred  dollars  nor  more  than  one  thousand  dollars  each;  they  shall 
be  signed  by  the  president  of  the  board  of  trustees  of  the  district  and 
attested  by  the  county  auditor  of  said  county,  and  shall  be  numbered 
consecutively,  as  sold  and  bear  date  at  the  time  of  their  execution,  and 
shall  bear  interest  at  the  rate  of  six  per  cent  per  annum,  payable  semi- 
annually on  the  first  day  of  January  and  the  first  day  of  July  in  each 
year  at  the  office  of  saiil  county  treasurer  upon  the  presentation  of  the 
proper  coupons  therefor.  If  any  coupon  shall  not  be  paid  when  pre- 
sented because  there  are  no  funds,  the  treasurer  shall  indorse  such 
coupon  "not  paid  for  want  of  funds"  and  thereafter  the  amount  due 
on  such  coupon  shall  bear  interest  at  the  rate  of  six  per  cent  per  annum 
compounded  -semi-annually.  Coupons  for  each  installment  of  interest 
shall  be  attached  to  said  bonds  and  shall  be  numbered  the  same  as  the 
bonds  and  attested  by  the  facsimile  signature  of  the  county  auditor. 
The  principal  of  said  bonds  shall  be  jiayuble  at  such  times  as  the  trus- 
tees may  prescribe,  which  time  must  be  expressed  in  said  bonds  but 
not  less  than  ten  per  centum  of  the  whole  amount  of  bonds  issued, 
according  to  their  consecutive  numbers,  shall  be  paid  in  ten  years  from 
the  date  of  their  issue,  and  no  less  than  five  per  centum  thereof  each 
succeeding  year  thereafter  until  all  are  paid.  All  bonds  must  be  made 
payable  either  on  the  first  day  of  July  or  the  first  day  of  January.  If 
any  bond  shall  not  be  presented  for  payment  when  the  same  becomes 
due,  it  shall  cease  to  draw  interest,  but,  if  presented  at  such  time 
and  not  paid  for  want' of  funds,  the  said  county  treasurer  shall  so  in- 


531  POLITICAL    CODE.  §  3480 

dorse  it  and  thereafter  sur-h  bond  shall  draw  inferest  until  paid  at  said 
rate  of  six  per  ceutiini  per  annum  compounded  semi-annually,  until 
funds  have  been  provided  for  its  paj^ment,  which  bonds  shall  be  sub- 
stantially in  the  following  form: 

"No.   .     Reclamation   District   No.   .     In   the    county   of  , 

state  of  California.  For  value  received,  promises  to  pay  the  holder 
hereof,  at  the  office  of  the  treasurer  of  said  count}',  on  the  first  day  of 

,  19 — ,  the  sum  of dollars,  in  gold  coin  of  the  United  States,  w^ith 

interest  in  like  gold  coin  at  the  rate  of  six  per  centum  per  annum, 
payable  at  the  office  of  said  treasurer  semi-annually,  on  the  first  day 
of  January  and  July  in  each  year,  on  presentation  and  surrender  of 
the  interest  coupons  hereto  attached.  This  bond  is  issued  by  authority 
of  section  3480  of  the  Political  Code  of  the  state  of  California  pursuant 

to  an  election  held  in  said  reclamation  district  on  the  day  of  

nineteen  hundred  and  authorizing  its  issuance,  and  is  based  upon 

an  assessment  levied  in  said  district  and  filed  in  the  office  of  the  county 
treasurer  of  said  county  on  the  day  of  19 — . 

In  testimony  whereof,  the  said  district,  by  its  board  of  trustees,  has 
caused  this  bond  to  be  signed  by  the  president  of  said  board,  and  attested 
bv  the  auditor  of  said  county,  with  his  seal  of  office  attached,  this  — — 
day  of  19—. 

President  of  said  Board. 
Attest: 

Auditor  of  County." 

And  the  interest  coupons  shall  be  in  substantially  the  following  form: 

"No.  . 

The  treasurer  of county,  California,  will  pay  the  holder  hereof,  on 

the  day  of  ,  19 — ,  at  his  office  in  ,  dollars,  gold  coin, 

out  of  the  funds  of  Reclamation  District  No.  for  interest  on  bond 

numbered  of  said  district. 

Attest: 

County  Auditor." 
The  treasurer  of  said  county  shall  place  the  bonds  prepared  pursuant 
to  this  act  to  the  credit  of  said  district  and  shall,  when  directed  by 
the  trustees  of  the  district,  sell  any  of  said  bonds  for  the  best  price 
obtainable  therefor,  but  in  no  event  for  less  than  the  face  value  of 
said  bonds  and  the  accrued  interest  thereon.  Before  making  a  sale 
of  said  bonds,  notice  shall  be  given  by  the  county  treasurer  that  he 
will  sell  a  specified  amount  of  said  bonds,  and  stating  the  day,  hour 
and  place  of  such  sale.  Such  notice  shall  state  that  sealed  proposals  will 
be  received  by  him  for  the  purchase  of  said  bonds  or  any  part  thereof 
till  the  day  and  hour  named  in  the  notice.     Such  notice  shall  be  given 


§  3480  POi^iTiCAL  CODE.  532 

at  least  twenty  days,  before  such  sale,  by  publication  in  a  ne'wspaper 
of  general  circulation  published  in  the  county,  and  in  such  other  news- 
paper as  the  board  of  trustees  may  designate.  At  the  time  appointed 
the  county  treasurer  and  board  of  trustees  shall  open  the  bids  and 
award  the  purchase  of  the  bonds  to  the  highest  and  best  responsible 
bidder.  They  may  reject  any  and  all  bids.  In  case  no  bid  is  receive<l 
and  accepted  as  herein  provided,  or  a  sufficient  amount  of  bonds  cannot 
be  sold  to  carry  on  the  work  of  construction  as  contemplated,  the  board 
of  trustees  ojF  said  district  may  enter  into  contracts  and  make  contracts 
for  constructing  the  reclamation  works  of  said  district,  payable  in  said 
bonds,  at  par,  and  piay  use  such  bonds  in  payment  for  labor  or  services 
performed  for,  or  materials  or  property  furnished  to,  said  district,  for 
the  purpose  of  constructing  the  reclamation  works  thereof  and  the  ex- 
penses necessarily  incident  thereto;  and  in  making  such  payments  in 
bonds,  the  board  of  trustees  of  said  district  may  draw  orders  upon  the 
county  treasurer,  payable  in  bonds  to  the  amount  therein  named,  for 
such  labor,  material,  or  services  so  rendered,  which  orders  shall  be  ap- 
proved by  the  board  of  supervisors  and  thereafter  be  paid  with  bonds 
at  par  by  the  county  treasurer,  upon  presentation,  to  the  amount  therein 
provided  for,  if  such  bonds  then  remaining  in  said  treasury  be  suflRcient 
to  pay  the  same.  Any  money  derived  from  the  sale  of  said  bonds  by 
said  county  treasury  shall  be  placed  in  the  treasury  to  the  credit  of 
said  district  and  a  proper  record  of  such  transaction  shall  be  placed 
upon  the  books  of  said  county  treasurer.  As  soon  as  said  bonds  shall 
have  been  delivered  to  the  treasurer  of  the  county  a  proceeding  may 
be  commenced  in  the  superior  court  of  the  county  where  the  greater 
part  of  the  district  is  situated,  by  the  trustees  of  said  reclamation  dis- 
trict or  any  owner  of  land  therein,  to  have  it  determined  that  said 
bonds  are  a  legal  obligation  of  su<h  reclamation  district.  The  com- 
plaint in  said  jiroceeding  shall  allege  that  on  a  date  therein  named  bonds 
of  such  reilaiuation  district  were  delivered  to  the  said  treasurer,  stating 
the  amount  of  such  bonds,  and  praying  that  said  bonds  be  adjudged 
to  be  a  valid,  legal  obligation  of  such  district.  The  summons  shall  be 
published  for  three  weeks  in  some  newspaper  of  general  circulation 
published  in  the  county  where  the  action  is  pending.  Within  ten  days 
after  the  last  publication  of  the  summons  any  owner  of  land  in  such 
district,  or  any  person  interested,  may  appear  and  answer  the  complaint, 
which  answer  shall  set  forth  the  facts  relied  upon  to  show  the  invalid- 
ity of  said  bonds.  If  no  answer  shall  be  filed  within  said  period  the 
court  shall  enter  judgment  as  prayed  for  in  the  complaint.  If  any 
person  shall  answer  the  complaint,  the  court  must  proceed  as  in  other 
civil  cases.  The  judgment  in  such  proceeding  shall  be  considered  as  a 
judgment  in  rem  and  shall  be  conclusive  against  said  district,  and 
against  all  owners  of  land  therein  and  all  other  interested  persons. 
The  necessary  expenses  of  such  action  shall  be  paid  out  of  the  funds  of 
said  district  in  the  same  manner  that  other  .l.iiuis  against  such  districts 
are  paid. 


533  POLITICAL  CODE.  §  3480 

The  board  of  trustees  of  said  district  may  draw  orders  upon  the  said 
county  treasurer  to  pay  any  legal  charge  against  said  district  out  of  the 
funds  provided  by  sale  of  said  bonds,  which  said  orders  shall  be  approved 
by  the  board  of  supervisors  of  the  county  in  which  the  greater  part 
of  said  district  is  situated,  and  thereafter  must  be  paid  by  said  treasurer 
out  of  any  money,  exeejitiiig  the  bond  fund,  then  remaining  in  said 
treasury  to  the  credit  of  said  district;  and  no  order  upon  the  said  county 
treasurer  shall  be  issued  by  the  board  of  trustees  unless  there  are  suffi- 
cient funds  in  said  treasury  to  the  credit  of  said  district  to  pay  said 
order. 

The  principal  of  said  bonds  and  the  interest  thereon  shall  be  paid 
by  revenue  derived  as  follows:  Ninety  days  l)efore  any  sum  or  sums 
shall  become  due  or  payable  on  account  of  the  principal  or  interest, 
or  both,  of  said  bonds,  the  board  of  trustees  of  the  district  shall  direct 
that  such  an  installment  of  the  assessment  theretofore  levied  on  the 
lands  of  said  district,  and  upon  which  the  bonds  were  issued,  as  may  be 
necessary  to  pay  the  same,  shall  be  collected  in  the  manner  provided 
by  law  and  paid  into  the  county  treasury  to  the  credit  of  the  bond 
fund  of  said  district.  Should  default  be  made  in  the  payment  of  any 
such  installment  hereinbefore  provided  for,  or  any  part  thereof,  the 
same  shall  be  collected  in  the  manner  provided  by  law,  and  all  remedies 
or  proceedings  now  or  hereafter  provided  by  law  for  the  collection  of 
reclamation  assessment,  or  for  installments  thereof,  are  hereby  made 
applicable  to  and  available  for  the  collection  of  the  installments  herein 
provided  for.  No  part  of  the  money  collected  upon  the  assessment  or 
assessments,  for  which  said  bonds  were  issued,  shall  be  used  for  any 
purpose  other  than  the  payment  of  the  principal  and  interest  of  said 
bonds,  and  all  sums  received  by  the  treasurer  from  said  assessments 
shall  be  set  apart  as  a  separate  fund  to  be  known  as  the  bond  fund 
for  the  payment  of  said  bonds  and  the  interest  thereon,  such  payments 
must  be  made  upon  the  principal  of  said  bonds  in  the  order  of  their 
maturity. 

Whenever  such  reclamation  district  is  situated  partly  in  different  coun- 
ties, any  installment  or  installments  of  assessments  as  herein  provided 
for  shall  be  paid  as  provided  by  the  Political  Code  of  the  state  of  Cali- 
fornia for  the  payment  of  other  installments  of  reclamation  assessments. 
All  sums  which  shall  be  paid  to  the  treasurer  of  any  county,  other  than 
the  treasurer  of  the  county  in  which  the  greater  part  of  the  district  is 
situated,  shall  immediately  be  paid  by  said  treasurer  to  the  treasurer  of 
the  county  in  which  the  greater  part  of  the  district  is  situated,  who  shall 
place  the  same  to  the  credit  of  the  district  as  hereinabove  provided. 

Upon  a  sale  of  any  of  said  bonds  the  county  treasurer  is  hereby  au- 
thorized to  accept  valid  outstanding  warrants  of  such  district  with  the 
accrued  interest  thereon  in  payment  for  said  bonds. 

No  assessor,  tax  collector,  auditor  or  clerk  shall  receive  any  fee  for 
any  service  required  to  be  performed  by  them  under  the  provisions  of 
this    act.     All    expenses    necessarily    incurred    in    carrying    out    the    pro- 


§§  3481-3483  political  code.  534 

visions  of  this  act  shall  be  paid  out  of  any  funds  in  the  county  treasury, 
excepting  the  bond  fund,  to  the  credit  of  the  district,  for  which  the 
expenses  are  incurred,  upon  the  order  of  the  board  of  trustees  of  said 
district  approved  by  the  board  of  supervisors  of  said  county. 

The  bonds  of  reclamation  districts  issued  pursuant  to  this  act  may 
be  lawfully  purchased,  or  received  in  pledge  for  loans  by  banks,  trust 
companies,  guardians,  executors,  administrators  and  special  administra- 
tors or  by  anj'  public  officer  or  officers  of  this  state  or  of  any  county, 
city,  or  city  and  count}'  or  other  municipal  or  corporate  body  within 
this  state  having  or  holding  funds  which  they  are  allowed  by  law  to 
invest  or  loan. 

If  the  assessment  in  any  district,  upon  which  bonds  may  have  been 
issued  proves  inadequate  to  provide  funds  to  pay  the  principal  and  in- 
terest of  said  bonds  in  full  or  if  any  deficiency  arises,  another  assess- 
ment must  be  made  upon  the  lands  in  such  district  sufficient  to  pay 
such  deficiency,  and  assessments  must  be  made  from  time  to  time  to 
meet  any  deficiency  arising  in  the  payment  of  such  bonds. 

If  the  trustees  deem  it  advisable  they  may  order  a  special  election 
to  be  held  jtrior  to  making  an  assessment,  to  determine  whether  or  not 
bonds  shall  be  issued  for  an  antount  to  be  stated  in  the  order  for  such 
election,  but  no  bonds  shall,  in  such  instance,  be  issued  until  an  assess- 
ment for  the  amount  of  the  bonds  authorized  at  such  election  shall  have 
been  made  and  filed  with  the  county  treasurer.  [Amendment  apjiroved 
April  5,  1911;  Stats.  1911,  p.  648.] 

Owners  of  unclaimed  land  may  have  it  set  off  in  separate  district. 

§  3481.  If  the  owners  of  lauds  representing  more  than  two-thirds  of 
any  body  of  lands  within  any  reclamation  or  swamp-land  district,  and 
in  which  the  lands  have  not  been  reclaimed,  desire  to  have  the  said  body 
of  lands  set  off  from  such  district,  they  must,  in  addition  to  the  petition 
required  by  section  3446,  show  to  the  board  of  supervisors  that  the  said 
body  of  lands  is  cajiable  of  an  independent  rci-laniation,  and  that  the 
district  is  not  prosecuting  its  work  of  reclamation  with  reasonable  dili 
gence,  or  that  the  lands  sought  to  be  set  off  are  not  susceptible  of  prac- 
tical reclamation  in  connection  with  the  other  lands  in  the  district. 
[Amendment  approved  April  3,  1911;  Stats.  1911,  p.  6o4.] 
CiUUons.      Cal.   156/484;   163/750,   751.      App.   18/62. 

Designation    of   districts. 

§  3483.  All  distriits  organized  or  created  under  this  chapter  must 
have  a  state  nuinbiT,  and  the  register,  upon  the  receipt  of  a  copy  of  a 
petition,  or  certificate  of  the  county  clerk  that  any  such  district  has 
been  formed,  must  number  the  same  and  send  the  number  to  the  county 
recorder  of  the  covinty  from  which  the  copy  or  certificate  came,  and 
the  recorder  must  number  the  district,  and  the  district  must  thereafter 
be  known  and  designated  by  such  number.  Districts  organized  before 
May  twenty-eighth,  eighteen  hundred   and  sixty-eight,   may  retain   their 


535  POLITICAL  CODE.  §§3488,3489 

respective  numbers.  Whenever  any  reclamation  or  swamp-land  districts 
are  consolidated,  the  consolidated  districts  shall  be  known  by  the  num- 
ber of  the  district  containing  the  larger  area  of  land.  [Amendment 
approved   April  5,  1911;   Stats.   1911,  p.  654.] 

§  3488. 

Citations.     Cal.  161/618. 

Eeorganization  and  consolidation  of  districts. 

§  3489.  Reclamation  districts  formed,  organized  or  created  into  dis- 
tricts under  special  or  general  laws  heretofore  or  now  in  force,  may  re- 
organize and  consolidate  in  the  manner  following:  Whenever  the  own- 
ers of  a  majority  of  acres  of  land  in  each  of  two  or  more  reclamation 
districts  shall  desire  to  consolidate  and  reorganize,  they  may  do  so  by 
filing  a  notice  with  the  county  recorder  of  the  county  in  which  the 
greater  portion  of  the  lands  of  the  combined  districts  are  situated,  set- 
ting forth  that  they  desire  to  consolidate  and  reorganize.  The  notice 
must  give  the  exterior  boundaries  of  the  said  districts,  the  nj^me  and 
number  of  each  of  them,  the  number  of  acres  of  land  that  each  con- 
tains, and  must  be  signed  by  the  persons  owning  the  majority  of  acres 
of  land  in  each  district,  and  shall  designate  the  number  of  acres  owned 
by  each  signer  in  the  district  in  which  the  same  is  situated.  The  county 
recorder  shall  record  said  notice  in  a  book  kept  for  the  purpose  of  re- 
cording papers  in  relation  to  reclamation  districts.  He  shall  make  a 
certified  copy  of  said  notice,  and  forward  the  same  to  the  state  land 
register,  who  shall  designate  a  number  for  the  reorganized  district, 
after  which  time  the  district  shall  be  known  by  such  number,  and  shall 
be  under  the  operation  of  and  governed  by  the  provisions  of  this  code, 
and  all  proceedings  thereafter  shall  be  the  same  as  though  said  district 
was  organized  upon  an  original  petition  and  granted  by  the  board  of 
supervisors;  provided,  however,  that  such  consolidation  and  reorganiza- 
tion shall  in  no  manner  invalidate  the  indebtedness  of  the  original  dis- 
tricts; and  all  the  laws,  rules,  and  regulations  for  the  assessing,  levying 
and  collecting  taxes  or  assessments  in  said  districts  shall  remain  and 
be  in  full  force  and  all  assessments  and  collections  required  for  the 
payment  of  the  then  outstanding  indebtedness  in  said  districts,  shall 
be  the  same  as  though  they  had  not  consolidated  and  reorganized  until 
such  indebtedness  shall  be  paid  and  liquidated;  provided,  however,  that 
the  provisions  of  this  code  relative  to  assessments  and  issuing  and  sale 
of  bonds  are  hereby  made  applicable  to  such  districts.  The  owners 
of  a  majority  of  acres  of  land  in  a  compact  form,  capable  of  being 
embraced  in  a  swamp  land  or  reclamation  district  contiguous  thereto 
and  not  a  part  of  another  district,  may,  by  consent  of  the  trustees  of 
such  district,  have  such  land  embraced  within  such  district,  by  filing 
a  notice  duly  acknowledged  with  the  county  recorder  of  the  countj'  in 
which  said  district  is  organized;  the  notice  must  give  the  exterior 
boundaries   of  said  land,  the  number  of  acres   of  land  therein,  as   near 


§  3489a  POLITICAL  code,  536 

as  may  be,  and  must  be  signed  by  all  the  persons  owning  land  therein; 
and  there  shail  be  attached  thereto  or  indorsed  thereon  a  written 
consent  of  the  trustees  of  said  district,  duly  acknowledged,  that  said 
lands  be  embraced  therein.  Said  notice  shall  be  filed  with  the  couniy 
recorder  of  tl\e  county  aforesaid,  and  recorded  by  him  in  a  book  kept 
for  that  purpose.  From  the  time  of  filing  of  such  notice,  said  land 
shall  become  and  be  held  as  a  part  of  such  district;  provided,  that  the 
reorganization  and  consolidation  of  any  two  or  more  districts  under  the 
provisions  of  this  act  shall  not  be  so  construed  as  to  legalize  any 
indebtedness  or  any  act  of  any  of  said  districts,  or  the  ofiicers  thereof, 
prior  to  the  act  of  reorganization  and  consolidation;  provided,  further, 
that  no  land  not  included  in  some  of  the  original  districts  shall  be  in- 
cluded in  the  reorganization  and  consolidation  without  the  consent  of 
the   owner.      [Amendment   ajiprovcd    April   5,    1911;    Stats.    1911,   p.   G55.] 

Change  of  boundaries  of  reclamation  districts.     Petition  to  exclude  land. 
Reasons.     Notice    of    filing    of    petition.     Notice   mailed   to    owners. 
Hearing   on   petition.     Failure   to   show   cause   deemed   assent.     Ex- 
penses.    When  ten  per  cent  of  owners  object.     Lands  released  from 
lien    of   outstanding   bonds    by    assent    of    holders.     Land    excluded 
not  released  from  obligation.     Change  of  boundaries  does  not  im- 
pair organization. 
§  3i89a.     The    boundaries    of    any    reclamation    and    swamp    land    dis- 
trift    now  organized   or   herc.iftor  organized   under   the   provisions   of   the 
laws  of  the  state  of  California  may  be  changed  and  tracts  of  land  which 
were    included    within    the    boundaries    of    said    district    at    or   after    its 
organization   may   be  excluded   therefrom   in   the  manner  in   this  section 
prescribed;    but   neither   such   change   of   the   boundaries   of   the   district 
nor   such   exclusion   of  land   from   the   district  shall   impair  or  afifect   its 
organization    or    its    right    in    or    to   property    or    any    of    its    rights    or 
privileges    of   whatever   kind    or    nature;    nor   shall   it    affect,    impair    or 
discharge    any    contract,    obligation,   lien    or    charge    for   or    upon    which 
said   district   was   or   may    become   liable   or   chargeable   had   such  change 
of   its   boundaries   not   been   made   or   had   not    said   land   been   excluded 
from   the  district.     The   owner   or  owners   in  fee   of  one   or   more  tracts 
of   land   which    constitute    a    portion    of    a    reclamation    or    swamp    land 
district   may  jointly   or   severally   file   w^ith   the  board   of  supervisors   of 
the   county   in   which   the   district,   or   the   greater   part   thereof,  is   situ- 
ated,   a    petition    praying    that    such    tract    or    tracts    and    any    other 
tracts   contiguous,   thereto    may    be    excluded   and    taken   /rom   said    dis- 
trict.    The    petition    shall    state    the    grounds    and    reasons    upon    which 
it    is    claimed    that    such    lands    should    be    excluded    and    shall    describe 
the   boundiiries    thereof    and    also    the    land    of   such    petitioner    or    peti- 
tioners which  are  included  within  such  boundaries.     Such   petition  must 
be   acknowleged    in   the   same    manner   and    form    as   is    required   in    the 
case  of  the  conveyance  of  land  and  the  acknowledgment  shall  have  the 
same   force   and    effect    as    evidence   as    the    acknowledgment    of   such    a 
couvevance.     The  clerk  of  the  board  of  supervisors  shall  cause  a  notice 


537  POLITICAL  CODE.  §  3489a 

of  the  filing  of  such  petition  to  be  published  for  at  least  two  (2)  weeks 
in  some  newspaper  of  general  circulation  in  the  district  and  published 
in  the  county  where  the  said  district,  or  the  greater  part  thereof,  is 
situated  and  if  any  portion  of  such  territory  to  be  excluded  lies  within 
another  county  or  counties,  then  said  notice  shall  be  so  published  in 
a  newspaper  published  within  each  of  said  counties;  or  if  no  news- 
paper be  published  therein,  then  by  posting  such  notice  for  the  same 
time  in  at  least  three  (3)  public  places  in  said  district  and  in  case  of 
the  posting  of  said  notices,  one  of  said  notices  must  be  so  posted  on 
the  lands  proposed  to  be  excluded.  In  addition  to  the  notice  by  pub- 
lication or  posting,  as  above  provided,  he  shall  cause  to  be  mailed  a 
notice  to  each  person  (Twning  property  within  said  district  by  United 
States '  mail,  postage  prepaid,  tc  the  postoflfiee  address  of  such  land 
owner.  Said  notice  shall  be  mailed  at  least  ten  (10)  days  before  the 
day  set  for  said  hearing.  The  notice  shall  state  the  filing  of  such 
petition,  the  names  of  the  petitioners,  a  description  of  the  lands  men- 
tioned in  said  petition  and  the  prayer  of  said  petition;  and  it  shall 
notify  all  persons  interesteS  in  or  who  may  be  affected  by  such  change 
ot  the  boundaries  of  the  district  to  appear  at  the  office  of  said  board 
at  a  time  named  in  such  notice  and  show  cause  in  writing,  if  any 
they  have,  why  the  change  of  the  boundaries  of  said  district  as  pro- 
posed in  said  petition  should  not  be  made.  The  time  to  be  specified  in 
the  notice  at  which  they  shall  be  required  to  show  cause  shall  be  at 
a  regular  meeting  of  the  board.  The  board  of  supervisors  at  the 
time  and  place  mentioned  in  the  notice  or  at  the  time  or  times  to 
which  the  hearing  of  said  petition  may  be  adjourned,  shall  proceed 
to  hear  the  petition  and  all  evidence  or  proofs  that  may  or  shall  be 
introduced  by  or  on  behalf  of  the  petitioner  or  petitioners  a,nd  all 
objections  to  said  petition  that  may  or  shall  be  presented  in  writing 
by  any  person  showing  cause  as  aforesaid  and  all  evidence  and  proofs 
that  may  be  introduced  in  support  of  such  objections.  Such  evidence 
shall  be  taken  down  in  shorthand  and  a  record  made  thereof  and 
filed  with  the  board.  The  failure  of  any  person  interested  in  said  dis- 
trict other  than  the  holders  of  bonds  thereof  outstanding  at  the  time 
of  the  filing  of  such  petition  with  said  board,  to  show  cause  in  writing 
why  the  tract  or  tracts  of  land  mentioned  in  said  petition  should  not 
be  excluded  from  said  district,  shall  be  deemed  and  taken  as  an  assent 
by  him  to  the  exclusion  of  such  tract  or  tracts  of  land  or  any  part 
thereof  from  said  district;  and  the  filing  of  such  petition  with  said 
board  as  aforesaid  shall  be  deemed  and  taken  as  an  assent  by  each 
and  all  of  such  petitioners  to  the  exclusion  from  said  district  of  the 
lands  mentioned  in  the  petition  or  any  part  thereof.  The  expenses  of 
giving  said  notice  and  of  the  aforesaid  proceedings  shall  be  paid  by 
the  person  or  persons  filing  such  petition.  If,  upon  the  hearing  of 
any  such  petition,  no  evidence  or  proofs  in  support  thereof  be  intro- 
duced or  if  the  evidence  fails  to  sustain  said  petition  or  if  the  board 
deem  it  not  for  the  best  interests  of  the  district  that  the  lands  or  some 


§  3489a  POLITICAL  code.  538 

portion  thereof  mentioned  in  the  petition  should  be  excluded  from  the 
district,  the  board  shall  order  that  said  petition  be  denied  as  to  such 
lands;  but  if  the  said  board  deems  it  for  the  best  interests  of  the  dis- 
trict that  the  lands  mentioned  in  the  petition  or  some  portion  thereof 
be  excluded  from  the  district  and  if  no  person  interested  in  the  district 
show  cause  in  writing  why  the  said  lands  or  some  portion  thereof  should 
iu)t  be  excluded  from  the  district,  or  if  having  shown  cause,  withdraws 
the  same  or  upon  the  hearing  fails  to  establish  such  objections  as  he 
may  have  made,  then  it  shall  be  the  duty  of  the  board  to  and  it  shall 
forthwith  make  an  order  that  the  lands  mentioned  and  described  in 
tiie  petition  or  some  defined  portion  thereof  be  excluded  from  said  dis- 
trict; provided,  that  if  the  holders  of  the  legal  title  representing  ten 
(10)  per  cent  of  the  assessed  valuation  of  all  the  land  within  said 
district,  as  appears  from  the  last  preceding  assessment-roll,  file  with  the 
board  of  supervisors  of  said  county  written  objections  to  the  with- 
drawal of  such  land  from  said  district,  it  shall  be  the  duty  of  the 
said  board  of  supervisors  to  forthwith  deny  said  petition  and  refuse 
to  exclude  said  lands  from  the  boundaries  of  said  district.  If  there 
be  outstanding  bonds  of  the  district  at  the  time  of  the  filing  of  said 
petition,  the  holders  of  such  outstanding  bonds  may  give  their  assent 
in  writing  to  the  efTeet  that  they  severally  consent  that  the  lands  men- 
tioned in  the  petition  or  such  portion  thereof  as  may  be  excluded  from 
said  districts  by  order  of  said  board  may  be  excluded  from  the  district 
and  if  said  lands  or  any  portion  thereof  be  thereafter  excluded  from 
the  district,  the  lands  so  excluded  shall  be  released  from  the  lien  of 
such  outstanding  bonds.  The  assent  must  be  acknowledged  by  the 
several  holders  of  such  bonds  in  the  same  manner  and  form  as  is  re- 
quired in  case  of  a  conveyance  of  land  and  the  acknowledgment  shall 
have  the  same  force  and  effect  as  evidence  as  the  acknowledgment  of 
such  conveyance.  The  assent  shall  be  filed  with  the  clerk  of  said  board 
of  supervisors  and  must  be  recorded  in  the  minutes  thereof  and  said 
minutes  or  a  copy  thereof  certified  by  the  clerk  shall  be  admissible  in 
evidence  with  the  same  effect  as  the  assent  and  a  certified  copy  thereof 
shall  be  recorded  in  the  office  of  the  county  rceorder  of  each  of  the 
counties  wherein  said  lands  are  situated.  In  the  event  said  board  of 
supervisors  shall  exclude  any  lands  from  such  district  upon  petition 
therefor,  it  shall  be  the  duty  of  the  board  of  supervisors  to  cause  to  be 
made  au  entry  in  the  minutes  of  the  board  describing  the  boundaries 
of  the  district  should  the  exclusion  of  said  lands  from  said  district 
change  boundaries  of  said  district  and  for  that  purpose  the  board  may 
cause  a  survey  to  be  made  of  such  portions  of  the  district  as  the 
board  may  deem  necessary;  and  a  certified  copy  of  the  entry  in  the 
minutes  of  the  board  excluding  any  land  certified  by  the  clerk  of  the 
board  shall  be  filed  for  record  in  the  recorder's  office  in  each  county 
within  which  are  situated  any  of  the  lauds  of  the  district,  but  said 
district  notwithstanding  such  exclusion  shall  be  and  remain  a  reclama- 
tion  and   swamp  land   district   as  fully   to  every  intent  and   purpose   as 


539  POLITICAL  CODE.  §  3492 

it  would  be  had  no  change  been  made  in  the  boundaries  of  the  district 
or  had  the  lands  exeliKled  therefrom  never  constituted  a  portion  of 
the  district.  Nothing  herein  provided  shall  in  any  manner  operate 
to  release  any  of  the  L.nds  so  excluded  from  the  district  from  any 
obligation  to  pay  or  any  lien  thereon  or  any  valid  outstanding  bonds 
or  other  indebtedness  of  said  district  at  the  time  of  the  filing  of  such 
petition  for  the  exclusion  of  said  lands,  but  on  the  contrary  said  lands 
shall  be  held  subject  to  said  lien  and  answerable  and  chargeable  with 
the  payment  and  discharge  of  all  said  outstanding  obligations  at  the 
time  of  the  filing  of  the  petition  for  the  exclusion  of  said  land  as  fully 
as  though  said  petition  for  such  exclusion  were  never  filed  and  said 
order  of  exclusion  never  made;  and  for  the  purpose  of  discharging  such 
outstanding  indebtedness,  said  lands  so  excluded  shall  be  deemed  and 
considered  as  part  of  said  district  the  same  as  though  said  petition 
for  its  exclusion  had  never  been  filed  or  said  order  of  exclusion  never 
made,  and  all  provisions  which  may  have  been  resorted  to  to  compel 
the  pa^'ment  by  said  land  of  its  quota  and  portion  of  said  outstanding 
obligation  had  such  exclusion  never  been  accomplished,  may,  notwith- 
standing said  exclusion,  be  resorted  to  to  compel  and  enforce  the  pay- 
ment on  the  part  of  said  land  of  its  quota  and  portion  of  such  out- 
standing obligations  of  said  district  for  which  it  is  liable  but  said  land 
so  excluded  shall  not  be  held  answerable  or  chargeable  for  any  obliga- 
tion of  any  nature  or  kind  whatever  incurred  after  the  filing  with  the 
board  of  supervisors  of  the  petition  for  the  exclusion  of  said  lands 
from  the  said  district;  provided,  that  the  provision  of  this  section  shall 
not  apply  to  any  outstanding  bonds,  the  holders  of  which  have  assented 
to  the  exclusion  of  such  lands  from  said  district,  as  hereinbefore  pro- 
vided. The  boundaries  of  any  district  now  organized  or  hereafter 
organized  may  be  changed  in  the  manner  herein  prescribed,  but  such 
change  of  the  boundaries  of  the  district  shall  not  impair  or  affect  its 
organization  or  its  rights  in  or  to  property  or  any  of  its  rights  or 
privileges  of  whatever  kind  or  nature;  nor  shall  it  affect,  impair  or  dis- 
charge any  contract,  obligation,  lien  or  charge  for  or  upon  which  it 
was  or  might  become  liable  or  chargeable  had  such  change  of  its 
boundaries  not  been  made.  [New  section  approved  June  13,  1913; 
Stats.   1913,  p.  8i0.] 

Formation  of  reclamation  districts. 

§  3492.  The  holders  of  title  or  evidences  of  title  representing  one- 
half  or  more  of  any  body  of  swamp  and  overflowed,  salt  marsh,  or  tide 
lands,  susceptible  of  one  mode  of  reclamation,  and  already  reclaimed,  or 
in  progress  of  reclamation,  and  not  included  in  any  existing  reclamation 
district,  who  may  desire  to  form  a  reclamation  district  for  the  mainte- 
nance, protection,  or  repair  of  the  reclamation  works,  in,  upon,  or  ap- 
pertaining to  such  body  of  lands,  or  for  the  completion  of  the  reclama- 
tion thereof,  may  present  a  similar  petition  to  that  provided  for  in 
section  3446,  and  shall  state  that  such  land  is  reclaimed  or  in  progress 


§§34931/2,3494  political  code.  540 

of  reclamation.  Such  proceedings  shall  thereupon  be  had  as  are  pro- 
vided for  in  the  formation  of  other  reclamation  districts.  Such  dis- 
tricts, when  formed,  and  the  board  of  trustees  thereof,  shall  have  all  the 
rights,  immunities,  powers,  and  privileges  of  other  reclamation  dis- 
tricts, and  the  boards  of  trustees  thereof.  Such  district  shall  be  sub- 
ject to  all  the  provisions  of  the  Political  Code  relating  to  reclamation 
districts  and  the  proceedings  thereof.  [Amendment  approved  April  5, 
]911j  Stats.  1911,  p.  656.] 

Action  to  determine  validity  of   assessment. 

§  34931/2.     [Repealed    April    5.    1911;    Stats.    1911,    p.    656.] 

Citationa.      Cal.   15e/533,   534,   535,   538,   540,  541,   542;    153/199,   205;    162/ 
404,  405;  164/31. 

Application  to  purchase  lajids  uncovered  by  recession  of  waters.  Min- 
eral lands. 
§  3493ni,  Any  person  desiring  to  purchase  any  of  the  lands  now  un- 
covered or  which  may  hereafter  be  uncovered  by  the  recession  or  drain- 
age of  the  waters  of  inland  lakes,  and  inuring  to  the  state  by  virtue  of 
her  sovereignty,  or  the  swamp  and  overflowed  lands  not  segregated  by 
the  United  States,  must  make  an  application  therefor  to  the  surveyor 
general  of  the  state,  which  application  must  be  accompanied  hy  the  ap- 
plicant's affidavit  that  he  is  a  citizen  of  the  United  States,  or  has  <le- 
clared  his  intention  to  become  such,  a  resident  of  this  state,  of  lawful 
age,  that  he  desires  to  purchase  such  lands  (describing  them  by  legal 
subdivisions,  or  Ijy  metes  and  bounds,  if  the  legal  subdivisions  are  un- 
known), under  the  provisions  of  this  article,  for  his  own  use  and  benefit, 
and  for  the  use  and  benefit  of  no  other  person  whomsoever,  and  that 
he  has  made  no  contrait  or  agreement  to  sell  the  same,  and  that  he 
does  not  own  any  state  lands  which,  together  with  that  now  sought 
to  be  purchased,  exceeds  six  hundred  and  forty  acres.  The  provisions 
of  this  section  shall  not  affect  or  apply  to  any  land  uncovered  by  the 
recession  or  drainage  of  the  waters  of  any  lake  or  other  body  of  water, 
the  waters  of» which  are  so  impregnated  with  minerals  as  to  be  valuable 
for  the  purpose  of  extracting  therefrom  such  minerals;  but  the  land 
uncovered  by  the  recession  or  drainage  of  such  waters  shall  be  subject 
to  lease  for  periods  of  not  longer  than  twenty-five  years  ujion  such 
charges,  terms  and  conditions  as  may  be  prescribed  by  law.  [.\mend- 
ment   approved   April   14,   1911;   Stats.   1911,  p.   903.] 

Sale  of  school  land.     After  September  1,  1915.     Application  made  before 
March   8,    1911.     One   dollar   and  twenty-five   cents   per   acre.     Two 
dollars  and  fifty  cents  per  acre.     Sections  withdrawn.     Lieu  lands. 
§  3494.     The     unsold    portion     of    tlie    five     hundred    thcnisand    acres 
granted  to  the  state  for  school  purposes,  the  sixteenth  and  thirty  sixth 
sections   of   school   land  belonging  to  the  state,  which   are   not  situated 
within  the  exterior  boundaries   of  a   military,   Indian   or  forest  reserva- 
tion created  by  authority  of  the  United  States,  or  of  a  national  forest, 


541  POLITICAL   CODE,  §  3494 

national  park  or  national  monument,  or  within  the  exterior  boundaries 
of  lands  withdrawn  from  public  entiy  for  forest  purposes,  and  lands 
selected  in  lieu  thereof  on  or  before  March  24,  1909,  where  the  selection 
was  duly  forwarded  to  the  local  United  States  land  office  and  given 
a  register  and  receiver's  number  and  forwarded  to  the  general  land 
office  at  Washington,  D.  C,  and  which  became  and  now  is  a  part  of  the 
records  of  such  general  land  office  at  Washington,  D.  C,  must  be  sold 
on  and  after  September  1,  1915,  but  not  before,  (and  no  application 
shall  be  filed  for  said  lands  until  on  or  after  said  September  1,  1915, 
except  for  lands  for  which  an  application  may  be  on  file,  as  herein- 
after provided),  at  the  rate  of  two  dollars  and  fifty  cents  per  acre, 
in  gold  coin,  payable,  twenty  per  cent  of  the  principal  within  fifty  days 
from  the  date  of  the  certificate  of  location  issued  to  the  purchaser; 
the  balance,  bearing  interest  at  the  rate  of  seven  per  cent  per  annum, 
in  advance,  is  due  and  payable  within  one  year  after  the  passage  of 
any  act  by  the  legislature  requiring  such  payment,  or  before,  if  desired 
by  the  purchaser;  provided,  however,  that  any  applicant  whose  applica- 
tion was  filed  on  or  before  March  8,  1911,  and  is  now  on  file  for  any 
of  the  lands  above  described,  to  wit,  the  unsold  portion  of  the  five 
hundred  thousand  acres  granted  to  the  state  for  -school  purposes,  the 
sixteenth  and  thirty-sixth  sections  of  school  land  belonging  to  the 
state  which  are  not  situated  within  the  exterior  boundaries  of  a  mili- 
tary, Indian  or  forest  reservation  created  by  authority  of  the  United 
States,  or  of  a  national  forest,  national  park  or  national  monument,  or 
within  the  exterior  boundaries  of  lands  withdrawn  from  public  entry 
for  forest  purposes,  and  lands  selected  in  lieu  thereof  on  or  before 
March  24,  1909,  where  the  selection  was  duly  forwarded  to  the  local 
United  States  land  office  and  given  a  register  and  receiver's  number 
and  forwarded  to  the  general  land  office  at  Washington,  D.  C,  and 
which  became  and  now  is  a  part  of  the  records  of  such  general  land 
office  at  Washington,  D.  C,  may  complete  the  purchase  of  such  lands 
at  the  rate  of  one  dollar  and  twenty-five  cents  ($1.25)  per  acre,  in  gold 
coin,  payable,  twenty  per  cent  of  the  principal  within  fifty  days  from 
the  date  of  the  certificate  of  location,  the  balance,  bearing  interest  at  the 
rate  of  seven  per  cent  per  annum,  in  advance,  is  due  and  payable  within 
one  year  after  the  passage  of  any  act  of  the  legislature  requiring  such 
payment,  or  before  if  desired  by  the  purchaser;  and  provided,  further, 
that  any  applicant  whose  application  was  filed  on  or  subsequent  to 
March  9,  1911,  for  any  of  the  lands  above  authorized  to  be  sold  may 
complete  the  purchase  of  such  lands  at  the  rate  of  two  dollars  and 
fifty  cents  per  acre;  provided,  said  application  for  the  lands  in  this 
section  authorized  to  be  sold  be  good  and  valid  and  said  applicant 
shall  have  complied  in  all  respects  with  the  laws  in  relation  to  the 
sale  of  such  lands.  The  sixteenth  and  thirty-sixth  sections  of  school 
land  which  are  situated  within  the  exterior  boundaries  of  a  military, 
Indian  or  forest  reservation  created  by  authority  of  the  United  States, 
or  of  a  national  forest,  national  park  or  national  monument,  or  within 


§§  3495-3498  political  code.  542 

the  exterior  boundaries  of  lands  withdrawn  from  public  entry  for  forest 
purposes,  are  withdrawn  from  sale.  Nothing  herein  contained  shall 
be  construed  as  a  recognition  that  the  said  sixteenth  and  thirtv-sixth 
sections  last  above  referred  to  have  not  heretofore  been  withdrawn 
from  sale.  Lieu  lands  applied  for  or  selected  subsequent  to  March  24, 
1909,  shall  be  sold  and  disposed  of  as  provided  in  article  1  of  chapter 
1  of  the  title  8  of  part  3  of  this  code;  provided  further,  however, 
that  nothing  herein  contained  shall  be  construed  or  held  to  prevent  the 
contesting  of  any  application,  now  on  file  which  is  subject  to  contest 
and  any  qualified  person  may  at  any  time  in  the  manner  and  within 
the  time  provided  by  law  for  contesting  applications  contest  the  ap- 
plication of  any  applicant  now  on  file  and  for  such  purpose  may  at 
any  time  after  the  approval  hereof  file  his  application  for  any  of  the 
lands  authorized  to  be  sold  by  this  section  and  for  which  an  applica- 
tion is  now  pending,  which  lands  shall  be  sold  to  such  contesting  ap- 
plicant at  the  rate  of  two  dollars  and  fifty  cents  ($2.50)  per  acre  and 
under  the  terms  and  conditions  in  this  section  provided.  [Amendment 
approved  April  21,  1913;   Stats.  1913,  p.  45.] 

Also    amended    March    8,    1911    (Stats.    1911,    p.    311),    and    January    22,    1912 
(Stats.  Kx.  .Sess.   1911,  p.  246). 

Citations.      App.   9/355;    12/569,    571;    16/79.   84,    258;    17/179. 

§  3495. 

Citations.   Cal.  157/299.   App.  16/257,  258;  17/180,  183;  18/784, 

Affidavit  when  applicant  Is  a  female. 

§  3496.     [Repealed    May    1,    19.11;    Stats.    1911,   p.    1411.] 

Citations.      App.   9/354,   357;    16/258. 

Approval  of  applications  for  state  lands. 

§  3498.  All  applications,  under  whatsoever  act,  filed  in  the  office  of 
the  stirveyor  general,  must  be  retained  ninety  days  before  approval.  Be- 
fore approval  by  the  surveyor  general,  the  applicant  must  appear  before 
liim  in  person,  or  before  a  deputy  surveyor  general,  or  before  some  per- 
son authorized  to  administer  oaths,  and  designated  by  the  surveyor 
general,  at  such  time  and  place  as  he  may  fix,  and  answer,  under  oath, 
such  interrogatories  as  may  be  put  to  him  regarding  his  application, 
or  the  truth  of  the  same,  or  any  fact  or  circumstance  connected  there- 
with, and  shall  furnish  such  other  or  further  evidence  thereof  as  may 
be  required  by  the  surveyor  general.  The  surveyor  general  shall  mail 
to  each  applicant,  addressed  to  the  said  applicant  at  the  addri?s  given 
in  the  application,  a  letter  or  notice  specifying  the  time  and  place 
of  such  hearing,  which  letter  or  notice  shall  be  mailed  at  least  ten 
days  before  such  hearing.  If  it  shall  appear  to  the  surveyor  general 
tli.it  the  application  is  made  in  good  faitli,  and  that  all  the  facts  stated 
in  the  application  are  true,  and  that  the  land  applied  for  is  subject  to 
sale,  he  shall  approve  the  application,  otherwise  he  shall  disapprove 
the   same.     All   unapproved   applications   which   have  been   on   file   over 


543  POLITICAL  CODE.  §§  3499-3501 

six  months,  wherein  the  applicant  has  not,  before  the  expiration  of 
said  time,  submitted  himself  for  examination  as  above  provided,  and 
wherein  proof  has  not  been  furnished  as  required  by  the  surveyor  gen- 
eral, or  wherein  a  contest  has  not  been  referred  to  court  or  a  demand 
made  for  an  order  of  reference,  as  provided  in  section  3414  of  the 
Political  Code,  shall  be  null  and  void;  provided,  however,  that  where 
applications  are  filed  subject  to  the  rights  of  a  previous  applicant,  such 
subsequent  applications  shall  not  be  approved  until,  the  rights  of  the 
first  applicant  shall  have  expired.  No  application  shall  be  approved 
which  describes  land  situated  in  more  than  one  county,  or  land  situated 
in  more  than  one  United  States  land  district.  No  application  shall  be 
approved  by  the  surveyor  general  for  any  sixteenth  or  thirty-sixth 
section  of  school  land  belonging  to  the  state  which  is  situated  within 
the  exterior  boundaries  of  a  military,  Indian  or  forest  reservation 
created  by  authority  of  the  United  States,  or  of  a  national  forest,  na- 
tional park  or  national  monument,  or  within  the  exterior  boundaries  of 
lands  withdrawn  from  public  entry  for  forest  purposes,  or  for  swamj) 
and  overflowed  land  until  the  swamp  and  overflowed  land  is  segregated 
by  authority  of  the  United  States.  Nothing  herein  contained  shall  be 
construed  as  a  recognition  that  prior  to  the  passage  hereof,  the  said  six- 
teenth or  thirty-sixth  sections,  last  above  referred  to,  were  offered  for 
sale,  or  that  applications  therefor  were  to  be  approved  or  were  subject  to 
approval.  The  applicants  in  all  applications  filed,  but  not  approved, 
prior  to  the  passage  hereof,  shall  be  allowed  six  months  from  the 
passage  hereof  within  which  to  secure  approvals  under  the  provisions 
hereof.     [Amendment   approved   May   1,    1911;    Stats. '1911,   p.    1409.] 

Contests,  how  deteimiined. 

§  3499.  If  two  or  more  claim  the  same  land,  the  contest  must  be  de- 
termined as  provided  in  article  1  of  this  chapter;  but  no  person  has  a 
right  to  purchase  by  reason  of  any  settlement  or  improvement,  unless 
application  is  made  within  the  time  above  prescribed;  and  provided,  fur- 
ther, that  no  contest,  either  under  sections  3414  or  3415,  or  under  this 
section  of  this  code,  of  any  location  or  application  to  purchase  any  state 
school  lands  which  have  heretofore  been,  or  shall  hereafter  be  made  and 
filed  with  the  surveyor  general  or  register  of  the  state  land  oflice,  or  of 
any  order  of  approval  made  thereof,  or  of  any  certificate  of  purchase 
issued  thereon  or  pursuant  thereto  by  such  surveyor  general  or  register, 
shall  be  filed,  heard,  determined,  referred  or  allowed  unless  such  contest 
shall  have  been  or  shall  be  so  filed,  heard,  determined,  referred  or  al- 
lowed as  provided  in  said  sections  of  this  code,  within  five  years  from 
and  after  the  date  on  which  such  certificate  of  purchase  may  have  been 
issued.  [Amendment  approved  March  13,  1911;  Stats.  1911,  p.  345.] 
Citations.      App.   18/784,    785. 

Affidavit  when  female  is  an  applicant. 

§  3501.      [Eepealed  May  1,  1911;  Stats.  1911,  p.  1411.] 


§§  3513-3523  political  code.  544 

Nonpayment  of  principal  and  interest  on  state  lands. 

§  3513.  In  case  ijayniont  is  not  ina/le  within  fifty  days,  the  lands 
described  in  the  survey  or  location  revert  to  the  state  without  suit,  and 
the  survey  or  location  is  void.  All  suVjsequent  payments  must  be  made 
to  the  county  treasurer,  in  like  manner,  who  must  indorse  the  same  upon 
the  certificate  of  purchase.  The  treasurer  must  direct  the  purchaser  to 
take  the  certificate  of  purchase  so  indorsed  to  the  auditor,  who  mu5t 
charge  the  treasurer  with  the  amount  received,  and  make  his  check 
upon  the  indorsed  receipt.  If  any  interest  due  is  not  paid  by  the  first- 
day  of  May  following  the  first  day  of  .Tanuary  on  which  the  interest 
f)ayment  becomes  due,  the  certificate  of  purchase  shall  ipso  facto  become 
null  and  void,  and  the  lands  described  therein  revert  to  the  state 
without  suit  and  shall  again  become  subject  to  entry  nnd  sale  in  the 
same  manner,  and  subject  to  the  same  conditions  as  applv  to  other  state 
lands  of  like  character.  The  forfeiture,  herein  provided  for  the  non- 
payment of  interest,  shall  not  apply  to  any  certificates  of  purchase  issued 
before  the  passage  hereof,  [Amendment  approved  May  1,  1911;  Stats. 
1911,   p.    1410.] 

Citations.     App.   IfiA^i 

§   3514. 

Citations.      Cal.   158/616.      App.   P/S.'iS;    12/273. 

§  3515. 

Citations.      Cal.   158/635.     App.   12/271. 

§  3518. 

Citations.      App.   12/270. 

Patent  to  land  issued  after  full  payment. 

§  3519.  \Vheuover  full  payment  has  been  made  for  any  tract  of 
land,  the  selection  of  which  has  been  approved  by  the  United  States 
authorities,  or  when  the  tract  fully  paid  for  is  a  sixteenth  or  thirty- 
sixth  section,  or  a  legal  subdivision  thereof,  belonging  to  the  state,  or 
is  segregated  swamp  and  overflowed  land,  or  land  uncovered  by  tht 
recession  or  drainage  of  waters  of  inland  lakes,  the  register,  upon  th« 
surrender  of  the  certificate  of  purchase,  must  prepare  a  patent  for  tlie 
laud,  the  said  patent  to  be  issued  in  the  name  of  the  original  applicant, 
and  send  it  to  the  governor,  together  with  a  certificate  that  the  laws 
in  relation  thereto  have  been  comjdied  with,  that  payment  in  full  has 
been  made,  and  that  the  party  named  in  the  prepared  patent  is  entitled 
to  it.  The  said  patent  so  issued  shall  inure  to  the  benefit  of  the  as- 
signees, grantees,  or  successors  in  interest  of  said  original  applicant. 
I  Amendment  apj.roved  May  1,  1911;  Stats.  1911,  p.  1411.] 
Citations.      App.   17/179. 

§  3523. 

Citations.     Cal.   158/635. 


545  POLITICAL  CODE.  §§  3524-3550 

Issuance  of  duplicate  patent  for  swamp  lands. 

§  3524.  §  1.  When  the  original  patent  to  swamp  and  overflowed  land 
of  the  state  of  California  has  been  lost  or  destroyed,  and  is  not  of  record 
in  the  county  where  the  land  is  situate,  and  no  duplicate  or  copy  thereof 
is  in  the  office  of  the  secretary  of  state  or  in  the  office  of  the  register 
of  the  state  land  office,  a  patent  is  authorized  to  be  issued  to  the 
original  purchaser  for  the  same  land,  as  other  patents  are  issued,  .when 
it  is  proven  to  the  satisfaction  of  the  register  of  the  state  land  office 
of  the  state  of  California  from  the  data  in  the  office  of  the  secretary 
of  state  of  said  state,  or  in  the  office  of  the  register  of  the  state  land 
office,  that  an  original  patent  has  been  lawfully  issued  to  the  original 
purchaser,  and  from  other  satisfactory  proof  that  the  same  has  been 
lost  or  destroyed,  and  is  not  of  record  in  the  recorder's  office  of  the 
county  in  which  the  land  is  situate.  The  patent  so  reissued  shall  have 
the  same  force  ahd  effect  as  the  original  patent,  and  shall  contain  the 
clause  "This  patent  is  issued  to  take  the  place  of  the  original  patent 
issued  for  the  same  land,  on  the  (give  date  of  original  patent,  and 
by  whom  issued),  and  is  not  intended  to  change  the  title  of  the  per- 
sons in  whom  said  land  is  now  vested  and  only  to  complete  the  record 
title  from  the  state  of  California."  The  register  of  the  state  land 
office  shall  collect  the  same  fee  therefor  as  in  issuing  original  patents. 

Afladavit  of  owner. 

§  2.  Any  person  having  a  vested  interest  in  any  swamp  and  over- 
flowed land,  covered  by  a  patent  lost  or  destroyed,  and  not  of  record  in 
the  county  where  the  land  is  situate,  in  order  to  obtain  the  reissuing  of 
the  patent  as  provided  in  section  1,  must  make  an  affidavit  and  file  the 
same  in  the  office  of  the  register  of  the  state  land  office  of  this  state, 
setting  forth  that  he  has  a  vested  interest  in  the  land,  or  a  part  thereof, 
to  which  he  makes  application  for  a  patent  to  be  reissued  from  the  state 
of  California,  and  must  also  state  in  the  affidavit  the  chain  of  title  from 
the  original  patentee  to  and  including  the  present  owners  of  the  land  de- 
scribed in  the  original  patent.  [New  section  approved  June  10,  1913; 
Stats.  1913,  p.  562.] 

§  3546. 

Citations.     App.   15/442;   16/80. 

§  3547. 

Citations.     App.   16/80. 

Copy  of  decree  to  be  filed. 

§  3550.     Within  twenty  days  after  the  entry  of  judgment,  the  district 
attorney  must  file  in  the  office  of  the  register,  and  in  the  recorder's  office 
of   the   county   in   which   the   land   is   situated,    certified   copies   thereof. 
[Amendment  approved  March  25,  19-11;  Stats.  1911,  p.  500.] 
Citations.     App.  15/442,  443. 
35 


§§  3551-3629  political  code.  546 

§  3551. 

Citations.      App.   15/442,  443;  16/80. 

§  3556. 

Citations.     App.   15/442. 

Certificate  of  lands  sold  by  but  not  owned  by  state. 

§  3571.  If  any  land  was  not  the  j<roperty  of  the  state  of  California 
at  the  date  application  was  filed  therefor,  or  if  the  land  applied  for  was 
swamp  and  overflowed  land  but  the  application  became  or  was  void  by 
reason  of  the  fact  that  the  land  had  not  been  segregated,  the  owner  of 
the  certificate  of  purchase  or  patent  may  receive  in  exchange  therefor, 
from  the  register  of  state  land  office,  a  certificate  showing  the  amount 
paid  and  the  class  of  land  upon  which  the  payment  was  made,  (if  the  land 
is  lieu  land  or  indemnity  land  the  register's  certificate  shall  not  issue 
until  the  selection  therefor  is  canceled  by  authority  of  the  department 
of  the  interior),  by  conveying  by  quitclaim  deed  to  the  state  of  Cali- 
fornia, all  of  his  right,  title  and  interest  in  and  to  said  land.  The  au- 
thority of  the  said  register  to  issue  such  certificate  and  likewise  the 
authority  of  the  auditor  and  controller  to  issue  their  warrants,  as  pra 
vided  in  section  3572  of  this  code,  shall  not  be  barred  by  any  period  of 
time  which  may  have  elapsed  since  the  issuance  of  the  certificate  of  pur- 
chase or  patent,  but  in  the  issuance  of  the  certificate  herein  provided 
for,  the  said  register  shall  first  determine  that  the  person  applying  for 
said  certificate  is  the  owner  of  the  certificate  of  purchase  or  patent,  and 
has  not  assigned  or  conveyed  his  interest  therein  or  in  the  land  therein 
described  or  any  part  thereof,  and  that  it  is  a  proper  case  for  the  issu- 
ance of  a  certificate  as  herein  provide<l.  A  copy  of  a  patent  duly  certi- 
fied by  the  county  recorder  of  any  county  where  the  same  may  have  been 
recorded  shall  have  the  same  force  and  effect  as  the  original.  [Amend- 
ment approved  April  2.5,  1913;  Stats.  1913,  p.  89.] 

§  3607. 

Citations.      Cal.  160/355.      Appr.   18/40. 

§  3617. 

Citations.   Cal.  155/146,  147;  161/207;  162/389;  (suhd.  3)  155/353.  357; 
(subd.  6)  155/353.   App.  10/188;  14/459;  17/549;  (subd.  6)  17/549. 

§  3627. 

Citations.      Cal.   155/354;    162/389. 

§  3628. 

Citations.   Cal.  155/145,  353;  159/464;  160/126:  164/299.   .\pp.  8/438. 

§  3629. 

Citations.      Cal.   158/704;    (subd.    6)    155/358.      App.   8/438;    11/525,    529. 


5i7  POLITICAL  CODE.  §§  3630-3658 

§  3630, 

Citations.     App.   8/438. 

§  3634. 

Citations.     Cal.  158/705. 

§  3650. 

Citations.  Cal.  158/707;  160/524:  161/828;  162/218,  220;  163/53;  (subd. 
1)  162/213;  (subd.  3)  162/400;  (subd.  15)  155/353;  161/207.  App.  10/189. 

§  3651. 

Citations.      Cal.   163/53. 

Copies  of  assessment-book  for  cities,  irrigation  districts,  etc. 

§  3653.  1.  On  or  before  the  third  Monday  in  July  of  each  j-ear,  the 
assessor  must  furnish  such  incorporated  cities,  towns,  lighting,  water 
and  irrigation  districts  within  the  county  as  shall  make  written  request 
for  the  same,  on  or  before  the  first  Monday  in  March  of  each  year,  a 
complete  certified  copy  of  his  assessment-book,  so  far  as  such  assessment- 
book  pertains  to  property  within  the  limits  of  said  incorporated  cities, 
towns,  lighting,  water  and  irrigation  districts. 

Charge  for  copy. 

2.  The  assessor  may  charge  incorporated  cities,  towns,  lighting,  water 
and  irrigation  districts  not  to  exceed  seven  cents  per  folio  of  one  hun- 
dred words  for  each  copy  of  his  assessment-book,  furnished  such  incor- 
porated cities,  towns,  lighting,  water  and  irrigation  districts. 

Description  of  personal  property. 

3.  The  assessor  must,  on  the  first  Monday  of  each  month,  furnish  all 
such  incorporated  cities,  towns,  lighting,  water  and  irrigation  districts 
within  the  count}'  as  shall  make  written  request  for  the  same,  a  descrip- 
tion of  all  personal  property,  the  name  and  address,  by  street  and  num- 
ber, of  the  owners,  and  assessed  value  thereof,  whenever  the  tax  on  such 
property  is  collected  by  the  assessor. 

Charge. 

4.  The  assessor  may  charge  incorporated  cities,  towns,  lighting,  water 
and  irrigation  districts  not  to  exceed  seven  cents  per  folio  of  one  hun- 
dred words  for  such  description  of  personal  property.  [Amendment  ap- 
proved June  13,  1913;  Stats.  1913,  p.  814.] 

Citations.     App.  9/28. 

§  3654. 

Citations.      Cal.   158/705;   162/1G9.     App.   19/711. 

§  3658. 

Citations.      Cal.   158/704,   709. 


§§  3663-3746  political  code.  548 


§  3663. 

Citations.     App.   10/188. 

§  3670. 

Citations.     Cal.   160/127. 

§  3672. 

CiUtions.   Cal.  160/723;  162/169.   App.  17/548. 

§  3673. 

Citations.   Cal.  160/423,  431;  162/169.  App.  10/189. 

§  3674. 

Citations.      Cal.   162/169. 

§  3675. 

Citations.     Cal.   162/169. 

§  3676. 

Citations.     Cal.   162/169. 

§  3679. 

Citations.      Cal.    164/43.      App.    10/189. 

§  3680. 

Citations.     Cal.   160/527. 

§  3681. 

Citations.      Cal.    164/43.      App.   10/189.    190. 

§  3682. 

Citations.      Cal.    160/426.  431.      App.   19/711. 

§  3705. 

Citations.      App.    17/548. 

§  3714. 

Citations.      Cal.   168/251,  253. 

§  3731. 

Citations.      App.   15/006,  607. 

§  3732. 

Citations.      Cal.   160/525.      App.   8/437;   19/711. 

§  3737. 

Citations.      Cal.    163/251. 

§  3746. 

Citations.      Cal.   160/525.      App.    13/432. 


549  POLITICAL  CODE.  §§  3753-3771 

§  3753. 

Citations.      Cal.   160/525. 

§  3756. 

Citations.      App.   15/606. 

§  3759. 

Citations.      Cal.    160/525.      App.    19/711. 

§  3760. 

Citations.     Cal.   160/525. 

Annual  publication  of  delinquent  tax  lists.     Arrangement  of  lists. 

§  3764.  On  or  before  the  fifth  day  of  .June  of  each  year,  the  tax  col- 
lector must  publish  the  delinquent  list,  which  must  contain  the  names 
of  the  persons  and  a  descrijition  of  the  property  delinquent,  and  the 
amount  of  taxes,  penalties,  and  costs  due,  opposite  each  name  and  de 
scription,  with  the  taxes  due  on  personal  property,  the  delinquent  state 
poll,  road,  and  hosjiital  tax,  the  ta"xes  due  each  school,  road,  or  other 
lesser  taxation  district,  added  to  the  taxes  on  real  estate,  where  the  real 
estate  is  liable  therefor,  or  the  several  taxes  are  due  from  the  same  per- 
son; provided,  however,  that  before  publication  of  said  list  the  tax  col- 
lector and  auditor  shall  jointly  arrange  said  list  in  such  manner  that 
said  publication  shall  designate  in  some  particular  manner  the  property 
contained  in  said  list  which  was  sold  to  the  state  five  years  previous 
under  the  provisions  of  section  3771  of  this  code,  on  which  the  taxes  re- 
main unpaid,  or  which  property  has  not  been  redeemed  or  the  sale  thereof 
canceled,  and  which  property  the  state  would  otherwise  be  entitled  to  a 
deed  thereof  after  the  lapse  of  five  ye:n-s  from  said  previous  sale. 
[Amendment  approved  June  10,  1913;  Stats.  1913,  p.  556.] 

Citations.      Cal.   158/710,   711;   161/151.     App.   9/173,   174,  175,  176. 

§  3765. 

Citations.      App.   9/173,   175,   176. 

§  3766. 

Citations.     App.   17/589. 

§  3767. 

Citations.      Cal.   157/657;   161/151.      App.   9/173,  175,   176. 

§  3770. 

Citations.      Cal.   162/209,    388,   389.     App.   15/606. 

Property  sold  to  state.     Owner  may  pay  on  day  of  sale.     Suit  for  collec- 
tion.    Property  not  redeemed  in  five  years  sold  to  highest  bidder. 
List  mailed  to  owner. 
§  3771.     On  the  day  and  hour  fixed  for  the  sale,  all  the  property  de- 
linquent, upon   which  the   taxes   of   all    kinds,   penalties,   and   costs  have 


§  3773  POLITICAL   CODE.  550 

not  been  paid,  shall,  by  operation  of  law  and  the  declaration  of  the  tax 
collector,  be  sold  to  the  state,  and  said  tax  collector  shall  make  an  entry. 
"Sold  to  the  state,"  on  the  df-linquent  assessment  list,  opposite  the  tax. 
and  he  shall  be  credited  with  the  amount  thereof  in  his  settlement,  madi^ 
pursuant  to  sections  3797,  3798  and  3799;  provided,  that  on  the  day  of 
sale  the  owner  or  person  in  possession  of  any  property  offered  for  sale 
for  taxes  due  thereon,  may  pay  the  taxes,  penalties,  and  costs  due;  ami 
provided,  further,  that  when  the  original  tax  amounts  to  the  sum  of  three 
hundred  dollars  or  more  upon  any  piece  of  property  or  assessment  de- 
linquent, the  state  may  bring  suit  against  the  owner  of  said  property 
for  the  collection  of  said  tax  or  taxes,  penalties,  and  costs,  as  provided 
in  section  3899;  and  provided,  further,  that  any  property  contained  in 
the  advertised  list  as  provided  for  in  section  3764  of  this  code,  which 
has  not  been  redeemed  from  the  sale  made  to  the  state  five  years  previ 
ously,  shall  be  sold  by  the  tax  collector  at  public  auction  to  the  highest 
bidder  for  cash  in  lawful  mone.v  of  the  United  States;  but  no  bid  shall 
be  accepted  at  such  sale  for  less  than  the  amount  of  all  taxes,  penalties 
and  costs  due  as  shown  in  said  advertised  list.  After  such  bid  has  been 
made  and  accepted  the  right  of  redemption  shall  cease,  except  as  to  the 
purchaser,  who  shall  have  thirty  days  within  which  to  make  redemption 
as  provided  in  section  3785b  of  this  code,  and  if  not  so  redeemed  or  if 
no  sale  is  had  under  the  provisions  of  this  paragraph,  then  said  property 
shall  be  deeded  to  the  state  as  provided  in  section  3785  of  this  code; 
and  provided  further,  when  any  property  is  to  be  sold  at  public  auction 
as  provided  in  this  section,  within  five  days  after  the  first  publication 
of  i^ail^  delinquent  list  the  tax  collector  shall  mail  a  copy  of  said  list 
or  publication,  postage  thereon  prepaid  and  registered,  to  the  party  to 
whom  the  land  was  last  assessed  next  before  such  sale,  at  his  last  known 
postoftice  address.  The  money  received  hereunder  shall  be  distributed  as 
l)rovided  in  section  3893  of  this  code.  The  charge  for  advertising  shall 
be  at  the  rate  fixed  by  the  board  of  supervisors  for  other  advertising  in 
said  county.  [Aim  ndnicnt  approved  June  10,  1913;  Stats.  1913,  p.  557.] 
Citations.     Cal.   159/461. 

Improvements  on  land  sold  to  state  not  to  be  removed. 

§  3773.  When  lands  have  been  sold,  or  shall  hereafter  be  sold,  to  the 
state  of  California  by  reason  of  nonpayment  of  taxes,  no  owner  or  claim- 
ant of  such  lands,  nor  any  other  person  shall  remove  or  destrov  any 
building,  fixture  or  other  improvement  on  such  lands,  or  cut  or  remove 
anv  timber,  or  do  or  cause  to  be  done  any  other  act  which  shall  tend 
permanently  to  im[>air  the  value  of  the  lands  or  the  value  of  the  improve- 
ments thereon;  provided,  this  act  shall  not  apply  when  such  lands  have 
been  redeemed  from  sale  or  have  been  sold  and  disposed  of  by  the  state. 
Violation  of  any  of  the  provisions  of  this  section  shall  constitute  a  mis- 
demeanor.    [New  section  approved  June  10,  1913;  Stats.  1913,  p.  557.] 


551  POLITICAL  CODE.  §§  3776-3785 

Record  of  sale  kept  by  collector,  etc. 

§  3776.  The  tax  collector  must  enter  in  appropriate  columns  in  the 
delinquent  list  opposite  the  description  of  each  parcel  of  land  sold  the 
date  of  sale  and  the  total  amount  for  which  such  parcel  of  land  was 
sold.  In  case  of  a  subsequent  redemption  the  auditor  must  make  a  note 
of  such  redemption  and  the  date  thereof  on  the  margin  of  the  delin- 
quent list  opposite  the  description  of  the  land  sold.  Wherever  by  any 
other  section  of  this  code,  provision  is  made  for  the  cancellation  of  a 
certificate  of  tax  sale,  the  tax  sale  itself  may  be  canceled  for  like  rea- 
sons by  the  same  board  or  officer  mentioned  in  said  sections;  and  when- 
ever any  sale  is  so  canceled,  the  auditor  shall  be  notified  thereof  and 
shall  enter  the  fact  and  date  of  such  cancellation  upon  the  margin  of 
the  delinquent  list  opposite  the  description  of  the  property  involved. 
[Amendment  approved  May  1,  1911;  Stats.  1911,  p.  1436.] 
Citatiorvs.      Cal.    157/056;    162/210,  211.      App.    13/433. 

Record  of  certificates  of  tax  sale. 

§  3777.      [Eepealed  May  1,  1911;   Stats.   1911,  p.  1436.] 

§  3780. 

Citations.   Cal.  160/526;  161/327;  164/299.  App.  9/471. 

Tax  deeds  made  after  five  years.     Form.     No  charge.     Deed  recorded. 
Controller  to  furnish  blank  deeds.     State  lands  not  fully  paid  for. 

§  3785.  If  the  property  is  not  redeemed  within  five  years  from  the 
date  of  the  sale  to  the  state,  the  tax  collector,  or  his  successor  in  office, 
must  make  the  state  a  deed  of  the  property.  Said  deed  shall  be  in 
substance  and  may  be  in  form,  as  follows: 

"This  indenture,  made  the  day  of  ,  19 — ,  between  ,  tax 

collector  of  the  county  of  ,  state  of  California,  first  party,  and  the 

state  of  California,  second  party  witnesseth: 

That  whereas  the  real  property  hereinafter  described  was  duly  as 
sessed  for  taxation  in  the  year  19 —  to  (stating  name  as  on  assess- 
ment-roll)  and  was  thereafter  on  the  day  of  ,  19 — ,  duly  sold 

to  the  state  of  California  by  ,  tax  collector  of  said  county  of  , 

for  nonpayment  of  delinquent  taxes  which  had  been  legally  levied  in 
said  year  19 — ,  and  were  a  lien  on  said  real  property,  the  total  amount 
for  which  the  same  was  sold  being  . 

And  whereas  the  period  of  five  years  has  elapsed  since  said  sale  and 
no  person  has  redeemed  the  said  property. 

Now,  therefore,  the  said  first  party  in  consideration  of  the  premises, 
and  in  pursuance  of  the  statute  in  such  case  made  and  provided  does 
hereby  grant  to  the  said  second  party  that  certain  real  property  in  the 
county  of  ,  state  of  California,  more  particularly  described  as  fol- 
lows, to  wit:     *     * 


§§  3785a,  3785b      politic.vl  code.  552 

In  witness  whereof  said  first  party  has  hereunto  set  his  hand  the  day 
and  year  first  above  written. 

Tax  Collector  of  the  County  of ." 

Xo  other  matters  need  be  recited  in  the  said  deed  than  those  provided 
for  in  the  above  form,  whether  the  sale  is  made  before  or  after  this  act 
takes  effect.  Xo  charge  shall  be  made  by  the  tax  collector  for  the 
making  of  any  such  deed,  and  the  acknowledgment  of  all  such  deeds 
shall  be  taken  by  the  county  clerk  free  of  charge.  All  such  deeds  shall 
be  recorded  in  the  office  of  the  county  recorder  of  the  county  wherein 
the  property  sold  is  situated,  and  said  recorder  shall  make  no  charge 
therefor;  provided,  that  in  counties  where  the  county  recorders  are  paid 
no  salaries,  but  fees  only,  such  recorders  shall  receive  for  filing,  record- 
ing and  indexing  each  deed,  the  sum  of  seventy-five  cents,  payable  out 
of  the  county  treasury  in  the  same  manner  that  other  claims  are  paid. 
The  state  controller  shall  provide  uniform  blank  deeds,  upon  which  all 
conveyances  to  the  state  under  the  provisions  of  this  section  shall  be 
made.  All  such  deeds,  after  being  duly  recorded,  as  herein  provided, 
shall  be  forwarded  by  the  county  recorder  to  the  controller.  The  con 
troller  shall  record  such  deeds  at  length  in  a  book  to  be  provided  for 
that  purpose,  in  which  book  a  marginal  space  shall  be  left  to  show  the 
subsequent  disposition  of  the  property  by  the  state;  provided,  however, 
that  when  state  lands  have  been  sold  to  the  state  upon  which  the  full 
purchase  price  has  not  been  paid,  the  deeds  to  the  state,  after  being  duly 
recorded,  as  herein  provided,  shall  be  forwarded  by  the  county  recorder 
to  the  surveyor  general  and  remain  on  file  in  his  office,  and  the  state 
shall  dispose  of  such  lands  in  the  manner  provided  in  section  3788;  pro- 
vided, however,  that  in  all  cases  where  land  has  been  heretofore  sold 
for  delinquent  taxes  to  purchasers  other  than  the  state  of  California, 
the  dceil  therefor  must  have  been  made  within  the  time  allowed  under 
the  provisions  of  that  certain  act  entitled  "-\n  act  to  amend  section 
3783  of  the  Political  Code  of  the  state  of  California,  relating  to  the  issu- 
ance of  tax  deeds,"  approved  March  23,  1907,  and  unless  the  deed  has 
been  so  made,  the  purchaser  shall  be  deemed  to  have  relinquished  all 
his  rights  under  such  sale,  [.\mendment  approved  April  25,  1911;  Stats. 
1911,  p.  1102.] 

Citations.  Cal.  157/656;  159/461;  161/327;  162/208.  209.  210,  211.  2.34, 
869,  :i87;  16.3/254;  164/298.  App.  9/172,  175,  471;  10/265,  266;  12/568,  570; 
15/605;  19/323. 

§  3785a. 

Citations.      App.   19/133,   134. 

Deed  to  purchaser.     Form  of  deed.     No  charge  for  deed. 

§  3785b.  When  property  has  been  sold  to  a  purchaser  at  delinquent 
tax  sale,  other  than  the  state  of  California,  in  pursuance  of  section  3771 
of  this  code,  the  tax  collector  must  forthwith  execute  a  deed  to  such 


553  POLITICAL   CODE,  §  3786 

purchaser,  or  his  assigns,  conveying  said  property;  provided,  no  deed 
shall  be  delivered  in  any  event  until  redemption  has  been  made  of  such 
property  and  all  taxes,  penalties,  interest  and  charges  have  been  paid 
which  may  have  been  accrued  by  reason  of  any  previous  tax  sale  or  de- 
linquency. Said  deed  shall  be  in  substance  and  may  be  in  form  as  fol- 
lows : 

"This  indenture,  made  the  day  of  ,  19 — ,  between  ,  tax 

collector  of  the  county  of  ,  state  of  California,  first  part,  and  , 

second  party,  wituesseth: 

That  whereas  the  real  property  hereinafter  described  was  duly  assessed 
for  taxation  in  the  year  19 —  to  (stating  name  as  on  assessment- 
roll)  and  was  thereafter  on  the  day  of ,  19 — ,  duly  sold  to  

by  ,  tax  collector  of  said  county  of  for  nonpayment  of  de- 
linquent taxes  which  had  been  legally  levied  in  said  year  19 — ,  and  were 
a  lien  on  said  real  jiroperty,  the  total  amount  for  which  the  same  was 
sold  being  .     And 

WTiereas,  all  taxes  levied  and  assessed  against  said  property  prior  to 
the  year  19 —  have  been  paid  and  discharged: 

Now,  therefore,  the  said  first  party  in  consideration  of  the  premises, 
and  in  pursuance  of  the  statute  in  such  case  made  and  provided  does 
hereby  grant  to  the  said  second  party  that  certain  real  property  in  the 
county  of  ,  state  of  California,  more  particularly  described  as  fol- 
lows, to  wit:      *     * 

In  witness  whereof  said  first  partj'  has  hereunto  set  his  hand  the  day 
and  year  first  above  written. 

> 
Tax  collector  of  the  county  of ." 

No  other  matters  need  be  recited  in  the  said  deed  than  those  provided 
for  in  the  above  form,  whether  the  sale  is  made  before  or  after  this  act 
takes  effect.  No  charge  shall  be  made  by  the  tax  collector  for  the  mak- 
ing of  any  such  deed,  and  the  acknowledgment  of  all  such  deeds  shall 
be  taken  by  the  county  clerk  free  of  charge.  The  provisions  of  sections 
3786  and  3787  of  this  code  are  hereby  made  applicable  to  the  deed  herein 
provided  for.     [New  section  approved  June  10,  1913;  Stats.  1913,  p.  558.] 

Evidence  of  tax  deed. 

§  3786.  Such  deed,  duly  acknowledged  or  proved,  is  primary  evidence 
that: 

1.  The  property  was  assessed  as  required  by  law; 

2.  The  property  was  equalized  as  required  by  law; 

3.  The  taxes  were  levied  in  accordance  with  law; 

4.  The  taxes  were  not  paid; 

5.  At  a  proper  time  and  place  the  property  was  sold  as  prescribed  by 
law,  and  by  the  proper  officer; 

6.  The  property  was  not  redeemed; 

7.  The  person  who  executed  the  deed  was  the  proper  officer; 


§§3737,3788  political  code.  554 

8.  Where  the  real  estate  was  sold  to  pay  a  poll  tax  or  taxes  on  per- 
sonal property,  that  the  real  estate  belonged  to  the  person  liable  to 
pay  the  tax.  [Amendment  approved  April  25,  1911;  Stats.  1911,  p.  1102.] 
Citations.      Cal.   156/.574,    575;    157/654;    159/463;    162/209,    210.     App.  9/ 

175;    13/433. 

Tax  deed  conclusive  evidence. 

§  3787.  Such  deed,  duly  acknowledged  or  proved,  is  (except  as  against 
actual  fraud)  conclusive  evidence  of  the  regularity  of  all  other  proceed- 
ings, from  the  assessment  by  the  assessor,  inclusive,  up  to  the  execution 
of  the  deed.  Such  deed  conveys  to  the  state  the  absolute  title  to  the 
property  described  therein,  free  of  all  encumbrances,  except  any  lien  of 
taxes  levied  for  municipal  purposes,  and  except  when  the  land  is  owned 
by  the  United  States,  or  this  state,  in  which  case  it  is  prima  facie  evi- 
dence of  the  right  of  possession,  accrued  as  of  the  date  of  the  deed  to 
the  state.     [Amendment  approved  June  10.  1913;  Stats.  1913,  p.  559.] 

Citations.      Cal.   157/654;    159/463;    160/527.    528;    162/210;    163/51:    164/ 

299.      App.    9/173,   175,   471;    10/265;    13/434. 

Lands  sold  to  state  for  taxes  subject  to  entry.  Bestoration  to  former 
estate.  Distribution  of  money  received. 
§  3788.  When  state  lauds,  upon  which  the  full  purchase  price  has 
not  been  paid,  have  been  sold  to  the  state  for  delinquent  taxes,  and 
the  deed  therefor  to  the  state  provided  for  in  section  3785  of  this  code, 
has  been  forwarded  to  and  filed  with  the  surveyor  general,  the  said 
lands  shall  again  become  subject  to  entry  and  sale,  in  the  same  manner, 
and  subject  to  the  same  conditions,  as  apjily  to  other  state  lands  of  like 
character,  except  that  the  former  possessors  or  owners  of  the  land  thus 
deeded  to  the  state,  their  heirs  or  assigns,  shall  he  preferred  purchisers 
thereof  for  the  period  of  six  months  after  the  deeds  are  filed  with  the 
surveyor  general,  as  prescribed  in  this  section;  during  which  said  period 
of  six  months  no  application  by  any  person  other  than  said  former 
possessors,  or  owners,  their  heirs  or  assigns,  shall  be  filed;  and  provided, 
further,  that  the  former  possessors  or  owners  of  said  land  thus  deeded 
to  the  state,  their  heirs  or  assigns,  shall  have  the  right  to  be  restored  to 
their  former  estate  and  title  (at  any  time  either  during  the  said  period 
of  six  months  above  referred  to,  or  afterward,  and  before  application  for 
said  land  is  made  and  filed  with  the  surveyor  general  by  any  other 
person)  upon  paying  to  the  county  treasurer  of  the  county  wherein  the 
said  land  is  situated  a  sum  equivalent  to  the  taxes,  penalties,  costs  and 
accruing  costs  by  virtue  whereof  the  state  became  a  purchaser  of  the 
said  lauds,  and  also,  all  delinquent  taxes,  penalties,  and  costs  which  may 
have  accrued  upon  such  lands  subsequent  to  the  date  of  the  certificate 
of  purchase  under  which  the  former  possessors  or  owners,  or  their  heirs 
and  assigns,  claim  title  to  said  lands  and  also  all  unpaid  interest  up  to 
the  first  dav  of  .Tanuary,  as  hereinafter  provided,  which  said  money  so 
paid  into  the  treasury  shall  be  distributed  in  the  manner  prescribed  in 


555  POLITICAL   CODE.  §  3788 

section  3816;  provided,  that  the  money  received  for  twenty  per  cent 
of  the  pui-chase  money  and  accruing  interest,  together  with  the  principal, 
in  case  of  full  payment  on  the  lands,  shall  be  distributed  by  the  sur- 
veyor general,  in  the  manner  now  provided  by  law  for  such  distribution. 
If  such  former  owner  or  possessor,  his  heirs  or  assigns  desires  to  avail 
himself  of  the  privileges  hereof,  he  shall  file  with  the  surveyor  general 
the  receipt  of  the  county  treasurer,  showing  the  payment  of  all  such 
taxes,  together  with  all  unpaid  interest  up  to  the  first  day  of  January 
following  the  date  when  he  shall  make  the  said  payment  to  the  said 
county  treasurer,  and  thereupon  the  surveyor  general  shall  give  to  such 
person  a  certificate  signed  and  sealed  by  him,  but  which  need  not  be 
acknowledged,  showing  full  payment  of  all  such  sums,  which  said  re- 
ceipt of  the  surveyor  general  shall  be  recorded  by  said  persons  in  the 
county  recorder's  office  of  the  county  wherein  the  said  lands  are  situated, 
and  tlie  said  receipt,  when  so  recorded,  shall  have  the  same  effect  as  a 
deed  of  reconveyance  of  the  interest  conveyed  by  such  deed,  and  the 
said  former  owner  or  possessor,  his  heirs  or  assigns,  shall  thereby  be 
restored  to  all  his  rights  in  the  said  lands,  and  his  certificate  of  pur- 
chase shall  be  in  full  force  and  effect  as  effectually  as  though  no  sale 
had  been  made;  but  the  surveyor  general  shall  not  receive  or  file  any 
application  or  make  a  sale  of  any  lands  thus  deeded  to  the  state,  except 
upon  the  previous  payment  into  the  state  treasury,  as  other  moneys  are 
required  to  be  paid  therein,  in  addition  to  the  price  of  said  lands  as 
compared  with  the  price  fixed  for  other  state  lands  of  like  character, 
by  the  person  or  persons  proposing  to  file  the  application  and  make  the 
purchase,  of  a  sum  equal  to  the  delinquent  taxes,  penalties,  costs  and 
accruing  costs,  by  virtue  whereof  the  state  became  a  purchaser  of  the 
lands  thus  sought  to  be  entered  or  purchased,  and  also  all  delinquent 
taxes,  penalties  and  costs  which  may  have  accrued  upon  such  lands  prior 
to  and  subsequent  to  the  date  of  the  sale  to  the  state  in  pursuance  of 
which  the  state  received  a  deed  therefor,  and  the  surveyor  general's 
authorit.y  for  filing  said  application,  if  said  lands  are  otherwise  subject 
to  sale,  shall  be  the  production  by  said  applicant  of  the  county  treasurer's 
receipts  showing  full  payment  of  the  delinquent  taxes,  penalties  and  costs 
as  herein  specified.  If  an  application  for  the  land  is  not  presented  to 
the  surveyor  general's  office  by  the  party,  or  his  agent,  who  paid  the 
delinquent  taxes,  penalties  and  costs,  by  virtue  whereof  the  state  became 
a  purchaser  of  said  land,  within  a  period  of  fifteen  days  after  the 
payment  thereof,  the  land  shall  be  subject  to  sale  to  the  first  person 
presenting  his  application  for  said  land  to  the  surveyor  general's  office, 
accompanied  by  a  certified  copy  of  the  auditor's  estimate  and  treasurer's 
receipt,  showing  tuU  payment  of  all  delinquent  taxes,  penalties  and  costs, 
as  herein  specified.  An  estimate  of  the  amount  of  delinquent  taxes, 
penalties  and  costs,  as  herein  specified,  must  be  made  by  the  county 
auditor  of  the  county  wherein  the  land  is  situated,  upon  the  written 
request  for  same  by  the  surveyor  general,  and  without  cost  to  the  state. 
Said  county  auditor's  estimate  shall  include  all  delinquent  taxes,  penal- 


§§  3789-3799  political  code.  556 

ties  and  costs,  as  shown  by  the  records  in  the  state  land  office,  by  virtue 
whereof  the  state  became  a  purchaser  of  the  land  thus  sought  to  be 
entered  or  purchased,  and  also  all  delinquent  taxes,  penalties  and  costs 
which  may  have  accrued  upon  such  lands  prior  to  and  snbsequent  to  the 
date  of  the  sale  to  the  state,  in  pursuance  of  which  the  state  received  a 
deed  therefor.  The  money  thus  paid  into  the  treasury  shall  be  distrib- 
uted in  the  manner  prescribed  in  section  3816;  provided,  that  the  moneys 
received  for  twenty  per  cent  of  the  purchase  money  and  accruing  inter- 
est, together  with  the  principal,  in  case  of  full  payment  on  the  lands, 
shall  be  distributed  by  the  surveyor  general,  in  the  manner  now  pro- 
vided by  law  for  such  distribution.  Nothing  in  this  section  contained 
shall  apply  to  land  situated  within  the  exterior  boundaries  of  a  military, 
Indian  or  forest  reservation  created  by  authority  of  the  United  States. 
or  of  a  national  forest,  national  park  or  national  monument,  or  within 
the  exterior  boundaries  of  lands  withdrawn  from  public  entry  for  forest 
purposes.  [Amendment  approved  May  1,  1911;  Stats,  1911,  p.  1417.] 
Citations.      App.    9/471;     12/568,    569,    570,    571. 

§  3789. 

Citations.      Cal.   160/127,   525. 

§  3791. 

Citations.      Cal.    155/147. 

§  3792. 

Citations.      Cal.   155/147. 

Fees  for  selling  personal  property. 

§  3793.  For  seizing  or  selling  personal  property  for  taxes,  the  as- 
sessor may  charge  in  each  case  the  sum  of  three  dollars  and  the  costs 
if  said  personal  property  is  advertised,  of  advertising  the  same,  and  in 
addition  thereto  the  same  mileage  and  keeper's  fees,  as  is  allowed  by 
law  to  the  sheriff  of  the  county  when  seizing  and  keeping  property, 
subject  to  execution,  uiuler  attachment.  [Amendment  approved  March 
7,  1911;  Stats.  1911,  p.  29,^^.] 
Citations.     Cal.   155/147. 

§  3794. 

Citations.     Cal.   155/147. 

§  3795. 

Citations.  •  Cal.   155/147, 

§  3796. 

Citations.      Cal.    155/147. 

§  3799. 

Citations.     Cal.   160/525. 


557  POLITICAL  CODE.  §  3804 

Erroneously  collected  taxes.     Supervisors  may  refund.     In  school  district. 
Verified  claim. 

§  3804.  Any  taxes,  penalties  or  costs  thereon  heretofore  or  hereafter 
paid  more  than  once,  or  heretofore  or  hereafter  erroneously  or  illegally 
collected,  or  any  taxes  heretofore  or  hereafter  paid  upon  an  assessment 
in  excess  of  the  actual  cash  value  of  the  property  so  assessed  by  reason 
of  a  clerical  error  of  the  assessor  as  to  the  excess  in  such  cases,  or  any 
taxes  heretofore  or  hereafter  paid  upon  an  erroneous  assessment  of  im- 
provements on  real  estate  not  in  fact  in  existence  when  said  taxes  be- 
came a  lien,  may,  by  order  of  the  board  of  supervisors,  be  refunded  by 
the  county  treasurer.  Whenever  any  payment  shall  have  been  made  to 
the  state  treasurer  by  the  county  treasurer  as  provided  by  section  3865 
and  section  3866  of  this  code,  and  it  shall  afterward  appear  to  the  satis- 
faction of  the  board  of  supervisors  that  a  portion  of  the  money  so  paid 
should  be  refunded  as  herein  provided,  said  board  of  supervisors  may 
refund  such  portion  of  the  said  taxes,  penalties  and  costs  so  paid  to 
the  state  treasurer,  to  the  person  paying  the  same  or  to  his  guardian, 
or  in  case  of  his  death,  to  his  executor  or  administrator,  out  of  the 
general  fund,  and  upon  the  rendering  of  the  report  required  by  section 
3868  of  this  code  the  auditor  shall  certify  to  the  controller,  in  such 
form  as  the  controller  may  prescribe,  all  amounts  so  refunded,  and  in 
the  next  settlement  of  the  county  treasurer  with  the  state,  the  con- 
troller, if  satisfied  of  the  legality  of  such  refunding  by  the  said  board, 
shall  give  such  treasurer  credit  for  the  state's  portion  of  the  amounts 
so  refunded,  as  prescribed  in  section  3871  of  this  code.  When  the  taxes, 
penalties  and  costs  hereinbefore  referred  to  are  levied  in  behalf  of  any 
school  district  or  any  municipal  or  other  public  corporation,  and  col- 
lected by  the  officers  of  the  county,  the  same  may  be  refunded  upon 
order  of  the  board  of  supervisors,  and  the  county  treasurer  shall  pay 
the  amount  to  be  refunded  out  of  any  money  in  his  possession  belonging 
to  the  appropriate  fund  of  such  school  district  or  municipal  or  other 
public  corporation.  No  order  for  the  refund  of  taxes,  penalties  or  costs 
under  this  section  shall  be  made  except  upon  a  verified  claim  therefor 
verified  by  the  person  who  has  paid  said  tax,  or  by  his  guardian,  or  in 
case  of  his  death,  by  his  executor  or  administrator,  which  said  claim 
must  be  filed  within  three  years  after  the  making  of  the  payment  sought 
to  be  refunded.  In  no  case  shall  any  judgment  be  rendered  in  favor 
of  plaintiff  in  any  action  brought  for  the  enforcement  or  allowance  of 
any  rights  or  claims  under  this  section  (except  in  actions  brought  by 
the  county  treasurer  to  enforce  any  credits  hereinabove  provided  for) 
if  the  said  action  be  brought  by  an  assignee  of  the  person  paying  said 
tax,  or  by  any  person  other  than  the  person  who  has  paid  said  tax,  or 
bv  his  guardian,  or  in  case  of  his  death,  by  his  executor  or  administrator. 
[Amendment  approved  May  19,  1913;  Stats.  1913,  p.  228.] 

Citations.      Cal.   155/145:    157/769,   770:   160/77,   78,   79;   163/112;   164/102, 

103.     App.   14/456,  457,   459,   460,   461;    15/613. 


§§  3804a-3819  political  code.  558 

Cancellation  of  erroneous  tax  assessments. 

§  3804a.  When  property  that  is  exempt  from  taxation  Las  been  er- 
roneously assessed,  or  when  improvements  which  did  not  in  fact  exist 
when  the  tax  became  a  lien,  have  been  erroneously  assessed  on  real 
estate,  the  board  of  supervisors  may,  upon  satisfactory  proof  thereof. 
with  the  written  consent  of  the  district  attorney,  and  by  an  order  en- 
tered upon  its  minutes,  direct  the  auditor  to  cancel  such  assessment;  and 
if  real  property  has  been  sold  to  the  state  for  nonpayment  of  the  tax 
levied  on  such  propert}'  or  improvements  so  erroneously  assessed,  and  a 
certificate  of  sale  or  deed  therefor  has  been  issued  to  the  state,  and  the 
state  has  not  disposed  of  the  property  so  sold,  the  order  of  the  board 
shall  also  direct  the  recorder  to  cancel  the  certificate  of  sale  or  deed  so 
issued,  so  far  as  the  same  relates  to  such  exempt  property  or  nonexistiug 
improvements.  In  the  city  and  county  of  San  Francisco  the  written 
consent  of  the  citv  attorney  shall  have  the  same  effect  as  the  written 
consent  of  the  district  attorney.  [New  section  approved  March  8,  1911; 
Stats.  1911,  p.  312.] 

§  3806. 

Citations.     App.   8/232;   15/713. 

§  3807. 

Citations.     Gal.   164/299. 

§  3813. 

Citatlona.     App.   19/323. 

§  3815. 

Citations.      App.   19/323. 

§  3816. 

Citations.      App.   12/570;  19/324. 

§  3817. 

Citations.      Cal.   1C0/J2G;    161'';i27;    162/231.      App.   9/471;    13/434;    19/322. 
321,   3J5. 

Payment  of  taxes  under  protest.  Action  within  six  months.  Amount 
due  county  from  state. 
§  3819.  At  any  time  after  the  assessment-book  has  been  received 
by  the  tax  collector,  and  the  taxes  have  become  payable,  the  owner 
of  any  property  assessed  therein,  who  may  claim  that  the  assessment  is 
void  in  whole  or  in  part,  may  pay  the  same  to  the  tax  collector  under 
protest,  which  protest  shall  be  in  writing,  and  shall  specify  whether 
the  whole  as?e!?s!nent  is  claimed  to  be  void,  or  if  a  part  only,  what  por- 
tion, and  in  eitlier  case  the  grounds  upon  which  such  claim  is  founded 
and  when  so  paid  under  protest,  the  payment  shall  in  no  case  be  re- 
garded as  voluntary  payment,  and  such  owner  may  at  any  time  within 


559  POLITICAL  CODE.  §§  3820-382? 

six  months  after  such  payment  bring  an  action  against  the  county,  in 
the  superior  court,  to  recover  back  the  tax  so  paid  under  protest j  pro- 
vided, however,  that  no  recovery  shall  be  had  in  any  such  action  unless 
such  action  be  brought  by  such  owner  or  his  guardian,  or  in  case  of  his 
or  her  death,  by  his  or  her  executor  or  administrator;  and  provided, 
further,  that  no  recovery  shall  be  had  in  such  action  if  the  same  be 
brought  by  an  assignee  of  such  owner,  or  by  anyon6  other  than  the 
persons  last  hereinabove  designated.  And  if  it  shall  be  adjudged  that 
the  assessment,  or  the  part  thereof  referred  to  in  the  protest,  was  void 
on  the  ground  specified  in  the  protest,  judgment  shall  be  entered  against 
such  county  therefor;  provided,  that  no  assessment  shall  be  declared  void 
on  account  of  deductions  being  made  for  mortgages  where  part  pay- 
ments have  been  made  and  not  released  upon  the  record.  On  the  pay- 
ment of  any  such  judgment,  such  part  of  the  tax  recovered  thereby  as 
may  have  been  paid  by  the  county  treasurer  into  the  state  treasury, 
shall  be  regarded  as  an  amount  due  the  county  from  the  state,  and  shall 
be  deducted  in  the  next  settlement  had  by  the  county  with  the  con- 
troller; such  deductions  to  be  made  in  the  manner  that  other  deductions 
are  made,  as  provided  in  section  3871  of  this  code.  [Amendment  ap- 
proved June  16,  1913;  Stats.  1913,  p.  948.] 

Citations.      Cal.   160/76,   77;    163/112;   164/102,   103.      App.   13/432;    14/460. 

§  3820. 

Citations.      Cal.   155/146,  147.     App.   19/704.  707. 

§  3821. 

Citations.     Cal.   155/147.     App.  19/704. 

§  3822. 

Citations.      Cal.   155/147. 

Amount  of  personal  taxes. 

§  3823.  The  assessor  shall  be  governed  as  to  the  amount  of  taxes 
to  be  collected  by  him,  upon  personal  property,  by  the  state  and  county 
rate,  the  special  school  district,  road  district,  and  other  local  district 
rates  for  the  locality  in  which  such  personal  property  is  taxable,  for 
the  previous  year;  provided,  that  for  the  assessment  year  one  thousand 
nine  hundred  and  eleven,  beginning  on  the  first  Monday  in  March  of 
said  year,  the  state  rate  within  the  meaning  of  this  section  shall  be  six 
cents  on  each  one  hundred  dollars  of  taxable  property.  [Amendment 
approved  March  4,  1911;  Stats.  1911,  p.  272.] 
Citations.     App.   19/704. 

§  3824. 

Citations.     App.  19/704,  705,  706,  707. 

§  3827. 

Citations.     App.  19/704,  711,  712. 


§§  3828-3897  political  code.  560 

§  3828. 

Citations.      App.   19/703,  704,  711,  712. 

§  3881. 

Citations.      Cal.   164/43. 

§  3885. 

Citations.      Cal.    l.'58/710;    164/43.      App.   10/189;   11/206. 

§  3887. 

Citations.      Cal.  155/143. 

Sale  of  property  sold  to  state  for  taxes.  Publication  of  notice.  Copy 
mailed  to  last  owner.  Sale  to  highest  bidder.  When  property  may 
be  sold  for  less  than  taxes  and  penalties.  Expense  of  notice.  When 
advertising  may  be  at  county  expense. 
§  3897.  Whenever  the  state  shall  become  the  owner  of  any  property 
sold  for  taxes  and  the  deed  to  the  state  has  been  filed  with  the  con- 
troller as  i)rovided  in  section  3785,  the  controller  may  thereupon  by  a 
written  authorization  direct  the  tax  collector  of  the  county  or  city  and 
county  to  sell  the  property  or  any  part  thereof  as  in  his  judgment  he 
shall  deem  advisable  in  the  manner  following:  He  must  give  notice  of 
such  sale  by  first  publishing  .i  notice  for  at  least  three  successive  weeks 
in  some  newspaper  publisheil  in  the  county  or  city  and  county,  or  if 
there  be  no  newspaper  publishe<l  therein,  then  by  posting  a  notice  in 
tiirco  conspicuous  places  in  the  county  or  city  and  county,  one  of  which 
shall  be  at  the  United  States  postoffice  nearest  the  land,  in  addition  to 
a  notice  conspicuously  posted  on  the  land  itself  for  the  same  period. 
Such  notices  must  state  specificaDy  the  place  of  and  the  day  anil  hour 
of  sale  and  shall  contain  a  description  of  the  property  to  be  sold  and 
shall  also  contain  a  detailed  statement  of  all  the  delinquent  taxes, 
penalties,  costs,  interest,  and  expenses  up  to  the  date  of  such  sale  and 
shall  give  the  name  of  the  person  to  whom  the  property  was  assessed 
for  each  year  on  whicli  there  may  be  delinquent  taxes  against  said 
property  or  any  part  thereof  and  said  notice  shall  also  embody  a  copy 
of  the  autliorization  received  from  the  controller.  It  shall  be  the  duty 
of  the  tax  collector  to  mail  within  five  days  after  the  publication  of 
said  notice  of  sale  a  copy  of  said  notice,  postage  thereon  prepaid  and 
registered,  to  the  party  to  whom  the  land  was  last  assessed  next  before 
the  sale,  at  his  last  known  postofliee  address.  At  the  time  set  for  such 
sale,  the  tax  collector  must  sell  the  property  described  in  the  controller's 
authorization  and  said  notices,  at  public  auction  to  the  highest  bidder 
for  cash  in  lawful  money  of  the  United  States;  but  no  bid  shall  be  re- 
ceived or  accepted  at  such  sale  for  less  than  the  amount  of  all  the  taxes 
levied  upon  such  property  and  all  costs  and  penalties  for  every  year 
delinquent  as  shown  by  the  delinquent  rolls  for  said  years  to  the  date 


561  POLITICAL   CODE.  §  3897 

of  the  execution  of  the  deed  to  the  state,  and  all  expenses  accrued  to 
the  date  of  the  sale  under  this  section,  together  with  interest  at  seven 
per  cent  per  annum  from  the  first  day  of  July  following  delinquency 
in  each  of  said  j'ears  to  the  date  of  the  sale  hereunder,  computed  upon 
the  aggregate  amount  of  such  delinquent  taxes,  penalties  and  costs;  pro- 
vided, however,  that  if  the  board  of  supervisors  of  the  county,  or  city 
aJid  county,  in  which  any  such  property  is  situate,  shall  by  resolution 
entered  upon  their  minutes,  declare  that,  in  their  judgment,  the  prop- 
erty so  owned  by  the  state,  and  particularly  described  in  said  resolution, 
is  not  at  that  time  of  value  great  enough  that  it  can  be  sold  by  the 
state  for  a  sum  equal  to  the  amount  of  all  taxes  levied  upon  said  prop- 
erty, and  all  interests,  costs  and  penalties  and  expenses  up  to  the  date 
of  such  sale,  and  that  it  would  be  to  the  best  interest  of  the  state  to 
sell  the  said  property  for  a  sum  to  be  stated  in  said  resolution  less  than 
the  sum  above  named,  upon  receipt  of  a  copy  of  said  resolution,  certified 
by  the  clerk  of  said  board  of  supervisors,  the  state  controller  may 
thereupon,  by  written  authorization,  direct  the  tax  collector  of  the 
county,  or  city  and  county,  to  sell  the  said  property  so  described  in  said 
resolution  for  a  sum  not  less  than  the  sum  stated  in  said  resolution, 
together  with  the  expenses  of  sale.  The  expense  of  giving  the  notice 
herein  required  shall  be  a  charge  against  the  property  so  advertised, 
and  shall  be  collected  by  the  collector,  and  no  redemption  of  such  prop- 
erty before  said  sale  may  be  had  without  payment  of  such  cost  of 
advertising;  and  to  secure  the  payment  of  such  advertising  cost  the 
collector  shall  demand  in  advance  from  the  party  or  parties  seeking  to 
purchase,  a  deposit  with  said  officer  of  a  sum  sufficient  to  defray  such 
cost  of  advertising,  which  deposit  shall  be  forfeited  in  the  event  said 
party  or  parties  fail  or  refuse  to  purchase  at  such  sale;  provided,  that 
if  the  party  or  parties  so  depositing  fail  to  secure  such  property  on 
their  bid,  such  deposit  shall  be  returned,  and  such  advertising  cost  shall 
be  collected  from  the  successful  purchaser;  provided,  also,  that  if  the 
board  of  supervisors  of  the  county,  or  city  and  county,  in  which  the 
property  is  situated  shall  by  resolution  entered  upon  the  minutes,  direct 
the  tax  collector  to  apply  for  an  authorization  of  sale  of  any  property 
which  has  been  deeded  to  the  state,  and  shall  authorize  him  to  order 
the  necessary  advertising  to  be  done  at  county  expense,  the  tax  col- 
lector shall  thereupon  proceed  as  though  a  deposit  had  been  made  to 
cover  advertising  costs,  and  shall  add  a  proportionate  part  of  the  total 
expense  of  advertising  to  the  amount  of  taxes,  penalties  and  interest 
chargeable  against  each  tract  or  parcel  sold.  In  any  case  in  which  no 
sale  is  made,  the  advertising  shall  be  charged  and  paid  as  are  other 
countv  charges.  [Amendment  approved  June  10,  1913;  Stats.  1913, 
p.  559\] 

Citations.   Cal.  157/294;  159/462;  160/524,  527,^29;  161/150,  327,  328, 

343,  344,  501;  162/213,  217,  219.  229,  231,  380,  383,  394,  399,  670;  168/51, 

707;  164/299.  App.  9/175,  470,  472;  13/433, 

36 


§  3898  POLITICAL   CODE.  562 

Distribution  of  moneys  received  at  sale.  Deed  to  purchaser.  Form.  No 
charge  for  deed.  Tax  collector's  report  of  sales.  Recorder's  nota- 
tions.    Refund  to  purchaser  not  finally  awarded  property. 

§  3898.  1.  The  moneys  received  from  such  sale  shall  be  distributed 
as  follows:  The  tax  collector  shall  deduct  the  penalties,  costs  and  other 
amounts  received  as  expenses  of  such  sale*  in  such  cases  as  the  proj'erty 
so  sold  shall  have  been  sold  for  a  sum  not  less  than  the  amount  of  all 
taxes  levied  thereon  and  all  interest,  costs,  penalties  and  expenses  up  to 
the  date  of  such  sale,  but  where  the  property  so  sold  shall  have  been 
sold  for  a  sum  less  than  said  amount,  the  tax  collector  shall  deduct 
only  the  amounts  received  as  expenses  attending  such  sale,  and  the 
balance  shall  be  distributed  between  the  state  and  the  county,  or  city 
and  county,  in  the  proportion  that  the  state  rate  bears  to  the  county,  or 
tity  and  county,  rate  of  taxation;  said  tax  collector  shall  pay  all 
amounts  into  the  county  treasury,  and  the  treasurer  shall  account  to 
the  state  for  its  portion  in  the  settlement  required  by  section  386.5  and 
section  3866. 

2.  On  receiving  the  amount  bid,  as  prescribed  in  the  preceding  sec- 
tion, the  tax  collector  must  execute  a  deed  to  the  purchaser,  which  deed 
shall  be  in  substance  and  may  be  in  form  as  follows: 

"This  indenture,  made  the  day  of  ,  19 — ,  between  ,  tax 

collector  of  the  county  of  ,  state  of  California,  first  party,  and  , 

of  the  county  of ,  state  of ,  second  party,  witnesseth: 

That  whereas,  the  real  property  liereinafter  described  was  duly  sold 
and  conveyed  to  tlie  state  of  California  for  the  nonpayment  of  taxes 
which  had  been  legally  levied  and  which  were  a  lien  upon  said  prop- 
erty under  and  in  acfurdani-e  with  law;  and 

Whereas,   in   conformity  with    law   the   state   of   California,   acting  by  ' 

and    through   ,   tax   collector   as    aforesaid,   did    oflFer   said    property, 

hereinafter  described,  for  sale  at  public  auction  to  the  highest  bidder, 
at  which  sale  said  second  party  became  the  purchaser  of  the  whole 
thereof  for  the  sum  of  $ . 

Now,  therefore,  the  said  first  party  in  consideration  of  the  premises 
and  in  pursuance  of  the  statute  in  sucli  case  made  and  provided,  does 
hereby  grant  to  the  said  second  party,  his  heirs  and  assigns,  that  cer- 
tain   real    property    hereinbefore    referred    to,    and    situate    in    the   

county  of  ,  state  of  California,  more  particularly  described  as  fol- 
lows, to  wit:   •  • 

In  witness  whereof,  said  first  party  has  hereunto  set  his  hand  the 
day  and  year  first  above  written. 

Tax  collector  of  the  county  of  ." 

No  other  matters  need  be  recited  in  the  said  deed  than  those  provided 
for  in  the  above  form.  No  charge  shall  be  made  by  the  tax  collector 
for  the  making  of  any  such  deed,  and  the  acknowledgment  of  all  such 
deeds  sliall  be  taken  by  the  county  clerk  free  of  charge.  Said  deed 
shall  be  prima  facie  evidence  of  all  the  facts  recited  therein  and  shall 
operate  to, convey  all  of  the  interest  of  the  state  in  and  to  said  property. 


563  POLITICAL  CODE.  §§  3900-3924 

3.  Within  ten  days  after  each  sale  as  provided  in  the  preceding  sec- 
tion the  tax  collector  shall  report  to  the  assessor  and  recorder,  giving 
the  name  or  names  of  all  persons  to  whom  deeds  have  been  issued  under 
the  provisions  of  this  section,  together  with  the  dates  of  such  deeds, 
the  amount  for  which  the  proj^erty  was  sold,  a  description  of  the  prop- 
erty conveyed,  together  with  the  numbers  and  dates  of  the  certificates 
of  sale  and  of  the  tax  deeds  by  which  title  to  such  property  so  granted 
was  conveyed  to  the  state. 

4.  The  recorder  shall  note  on  the  margin  of  each  certificate  of  sale 
and  of  each  tax  deed  involved  in  the  sale  and  transfer  of  such  prop- 
erty, the  name  of  the  purchaser,  the  date  of  the  deed  to  the  purchaser 
and  the  consideration  named  therein.  The  assessor  shall  use  such  report 
in  his  determination  of  the  ownership  of  such  property  for  assessment 
purposes. 

5.  Whenever,  in  any  action  at  law,  it  shall  be  determined  by  a  court 
that  the  sale  and  convej'ance  provided  for  in  this  and  the  preceding 
section  are  void  for  any  reason  and  that  the  purchaser  from  the  state 
may  not  be  finally  awarded  the  property*  so  purchased,  no  decree  of  the 
court  shall  be  given  declaring  a  forfeiture  of  the  property  until  the 
former  owner,  or  other  party  in  interest,  shall  have  repaid  to  the  pur- 
chaser the  full  amount  of  taxes,  penalties  and  costs  paid  out  and  ex- 
pended by  him,  to  be  determined  by  the  court,  in  pursuit  of  the  state's 
title  to  the  property  so  sold.  The  said  purchaser  may  also  present  a 
claim  against  the  county,  in  the  manner  provided  by  law,  for  a  refund 
of  the  amount  paid  into  the  county  treasury  as  the  purchase  price  of 
such  property  in  excess  of  the  amount  for  which  he  may  have  been 
reimbursed  for  taxes,  penalties,  and  costs  as  herein  provided,  and  such 
excess  shall  be  refunded  in  accordance  with  section  3804  of  this  code. 
[Amendment  approved  June  10,  1913;  Stats.  1913,  p.  560.] 

Citations.      Cal.   157/294;    159/462,   463;    160/524,    527,    528,    529;    161/328; 
162/213,  235,  236;   163/51.      App.    13/433. 

§   3900. 

Citations.     Cal.  160/355. 

§  3921. 

Citations.      Cal.   155/2,  4, 

Boundaries  of  Placer  county.     County  seat. 

§  3924.  Placer.  Beginning  at  a  point  where  the  west  line  of  township 
10  north,  range  5  east,  Mt.  Diablo  meridian,  intersects  the  northern  line 
of  Sacramento  county,  as  established  in  section  3928;  thence  north  on 
range  line  to  the  northwest  corner  of  section  6,  in  township  10  north, 
range  5  east;  thence  east  on  township  line  to  the  southwest  corner  of 
section  31,  township  11  north,  range  5  east;  thence  north  on  range  line 
to  the  northwest  corner  of  township  12  north,  range  5  east;  thence  east 
to  the  southwest  corner  of  section  34,  township  13  north,  range  5  east; 
thence  north   to  Bear   river;   thence   on   the   southern  line   of  Yuba   and 


§  3927  POLITICAL   CODE.  5G4 

Nevada  counties,  up  said  river  to  its  source;  thence  east  in  a  direct 
line  to  the  eastern  line  of  the  state  of  California,  forming  the  north- 
east corner;  thence  southerly  along  said  line  to  the  northeast  corner 
of  El  Dorado  county,  as  established  in  section  3927  (as  amended  at  the 
fortieth  session  of  the  legislature  of  the  state  of  California,  in  the  year 
1913);  thence  westerly,  on  the  northern  lines  of  El  Dorado  and  Sacra- 
mento counties,  as  established  in  amended  section  3927,  and  section 
3928,  to  the  place  of  beginning.  County  seat — Auburn.  [Amendment 
approved  .June  11,  1913;  Stats.  1913,  p.  604.] 

Boundaries  of  El  Dorado  county.     County  seat. 

5  3927.  El  Dorado.  Beginning  at  the  junction  of  the  north  and  south 
forks  of  the  American  river,  which  is  the  extreme  west  corner;  thence  up 
the  north  fork  of  the  .\merican  river  to  the  point  of  confluence  of  the 
middle  fork  of  the  American  river;  thence  up  the  middle  fork  of  the 
American  river  to  the  point  of  confluence  of  the  south  fork  of  middle 
fork  of  the  American  river  at  Junction  Bar;  thence  up  said  last  named 
fork,  now  known  as  the  Rubicon  river  to  a  point  where  the  same  is  inter- 
sected by  the  section  line  between  sections  29  and  32,  township  14  north, 
range  14  east,  Mt.  Diablo  base  and  meridian;  thence  east  on  the  section 
line  through  township  14  north,  ranges  14  and  15  east  to  the  northeast  cor- 
ner of  section  35,  township  14  north,  range  15  east;  thence  north  on 
range  line  to  southwest  corner  of  section  30,  township  14  north,  range 
16  east;  thence  east  on  section  line  to  the  southeast  corner  of  section 
30,  township  14  north,  range  16  east;  thence  north  to  the  one-quarter 
section  corner  between  sections  29  and  30,  township  14  north,  range  16 
east;  thence  through  the  centers  of  sections  29.  2S,  and  27,  to  the  one- 
quarter  section  corner  between  sections  26  and  27,  township  14  north, 
range  16  east;  thence  north  on  section  line  to  tlie  northwest  corner  of 
section  26;  thence  east  on  section  line  to  the  northeast  corner  of  section 
26;  thence  north  on  section  line  to  the  one-quarter  section  corner  be- 
tween sections  23  and  24;  tlicnce  east  through  the  center  of  section 
to  the  one-quarter  corner  between  sections  19  and  24,  township  14  north, 
range  16  east;  and  township  14  north,  range  17  east;  thence  north  on 
the  range  line  to  the  one  quarter  section  corner  between  sections  13  and 
18;  thence  east  to  the  legal  center  of  section  18,  township  14  north, 
range  17  east;  thence  north  to  the  one-quarter  section  corner  between 
sections  7  and  18,  township  14  north,  range  17  east;  thence  east  on  the 
section  line  to  the  western  shore  line  of  Lake  Bigler,  now  called  Lake 
Tahoe;  thence  east  in  said  lake  to  the  state  line;  thence  south  and 
southeasterly  on  the  state  line  to  the  northern  corner  of  Alpine  county, 
being  a  point  where  the  state  line  crosses  the  eastern  summit  line  of 
the  Sierra  Nevada  mountains;  thence  southwesterly  along  the  west 
line  of  Alpine  county,  as  established  in  section  3931,  to  the  common 
corner  of  Alpine,  Amador  and  El  Dorado  counties,  as  established  by 
said  section;  thence  westerly  on  the  northern  line  of  Amador  county, 
as  established  in  section  3930,  and  down  the  Cosumnes  river  and  south 


565                                   POLITICAL  CODE.                    §§  3969-4005c 

fork  thereof;  to  the  eastern  line  of  Sacramento  county,  as  established 
in  section  3928;  thence  northerly  by  the  eastern  line  of  Sacramento 
county  to  the  south  fork  of  the  American  river;  thence  down  the  latter 
to  the  place  of  beginning.  County  seat — Placerville.  [Amendment  ap- 
proved June  11,  1913;  Stats.  1913,  p.  603.] 

§  3969. 

Citations.     Cal.  155/11. 

§  3970. 

Citations.     Cal.   155/12. 

§  3971. 

Citations.      Cal.   155/12. 

.     §  3972. 

Citations.     Cal.   155/12. 

§  4000. 

Citations.      Cal.   155/753,    754. 

Population  of  counties. 

§  4005c.     The  population  of  the  counties  of  the  state  is  hereb}'  ascer- 
tained and  determined  to  be  and  is  as  follows: 

1.  Los   Angeles    504,131 

2.  San  Francisco 416.912 

3.  Alameda 246,131 

4.  Santa  Clara 83,539 

5.  Fresno 75,657 

6.  Sacramento 67.806 

7.  San  Diego 61,665 

8.  San  Bernardino 56,706 

9.  San  Joaquin 50.731 

10.     Sonoma 48,394 

il.     Kern 37,715 

12.  Tulare 35,440 

13.  Kiverside 34,696 

14!     Orange 34.436 

15.  Humboldt 33,857 

16.  Contra   Costa 31,674 

17.  Santa   Barbara 27,738 

18.  Solano 27,559 

19.  Butte 27,301 

20.  San  Mateo 26,585 

21.  Santa  Cruz 26,140 

22.  Marin 25,114 

23.  Monterey ■ 24,146 

24.  Mendocino 23,929 

25.  Stanislaus 22,522 


§  4006  POLITICAL  CODE.  566 

26.  Napa 19.800 

27.  San  Luis  Obispo 19.383 

28.  Shasta 18,920 

29.  Siskiyou 18,801 

30.  Ventura 18,347 

31.  Placer 18,237 

32.  Kings ]6.230 

33.  Merced 15,148 

34.  Nevada 14,955 

35.  Yolo 13,926 

36.  Imperial 13,591 

37.  Tehama 11,401 

38.  Yuba 10,042 

39.  Tuolumne 9,979 

40.  Calaveras 9,171 

41.  Amador 9,086 

42.  Madera 8.368 

43.  San  Benito 8,041 

44.  Colusa 7,732 

45.  El  Dorado. 7.492 

46.  Glenn 7.172 

47.  Invo 6.974 

48.  Sutter 6.328 

49.  Modoc 6.191 

50.  Lake 5..i26 

51.  Plumas 5.259 

52.  Lassen 4,802 

53.  Sierra 4.098 

54.  Mariposa 3.956 

55.  Trinitv 3,301 

56.  Del  Norte 2.417 

57.  Mono 2.042 

58.  Alpine , 309 

[Amendment  approved  February  28,  1911;  Stats.  1911,  p.  97.] 

Classification  of  counties. 

§  4006.  For  the  purpose  of  regulating  the  compensation  of  all  officers 
herein  provided  for,  the  several  counties  of  this  state  are  hereby  classified, 
according  to  tlieir  population  (as  ascertained  and  determined  in  section 
4005c  of  this  code)   as  follows,  to  wit: 

Counties  containing  a  population  of  five  hundred  thousand  and  over 
shall  belong  to  and  be  known  as  counties  of  the  first  class. 

Counties  containing  a  population  of  four  hundred  thousand  and  under 
five  hundred  thousand  shall  belong  to  and  be  known  as  counties  of  the 
second  class. 

Counties  containing  a  population  of  two  huiulred  thousand  and  under 
four  hundred  thousand  shall  belong  to  and  be  known  as  counties  of  the 
third  class. 


567  POLITICAL    CODE.  §  4006 

Counties  containing  a  population  of  eighty  thousand  and  under  two 
hundred  thousand  shall  belong  to  and  be  known  as  counties  of  the 
fourth  class. 

Counties  containing  a  population  of  seventy-five  thousand  and  under 
eighty  thousand  shall  belong  to  and  be  known  as  counties  of  the  fifth 
class. 

Counties  containing  a  population  of  sixty-five  thousand  and  under 
aeventy-five  thousand  shall  belong  to  and  be  known  as  counties  of  the 
sixth  class. 

Counties  containing  a  population  of  sixty  thousand  and  under  sixty- 
five  thousand  shall  belong  to  and  be  known  as  counties  of  the  seventh 
class. 

Counties  containing  a  population  of  fifty-five  thousand  and  under 
sixty  thousand  shall  belong  to  and  be  known  as  counties  of  the  eighth 
class. 

Counties  containing  a  population  of  fifty  thousand  and  under  fifty-five 
thousand  shall  belong  to  and  be  known  as  counties  of  the  ninth  class. 

Counties  containing  a  population  of  forty  thousand  and  under  fifty 
thousand  shall  belong  to  and  be  known  as  counties  of  the  tenth  class. 

Counties  containing  a  population  of  thirty-six  thousand  and  under 
forty  thousand  shall  belong  to  and  be  known  as  counties  of  the  eleventh 
class. 

Counties  containing  a  population  of  thirty-five  thousand  and  under 
thirty-six  thousand  shall  belong  to  and  be  known  as  counties  of  the 
twelfth  class. 

Counties  containing  a  population  of  thirty-four  thousand  five  hundred 
and  under  thirty-five  thousand  shall  belong  to  and  be  known  as  counties 
of  the  thirteenth  class. 

Counties  containing  a  population  of  thirty-four  thousand  and  under 
thirty-four  thousand  five  hundred  shall  belong  to  and  be  known  as 
counties  of  the  fourteenth  class. 

Counties  containing  a  population  of  thirty-two  thousand  and  under 
thirty-four  thousand  shall  belong  to  and  be  known  as  counties  of  the 
fifteenth  class. 

Counties  containing  a  population  of  thirty-one  thousand  and  under 
thirty-two  thousand  shall  belong  to  and  be  known  as  counties  of  the 
sixteenth  class. 

Counties  containing  a  population  of  twenty-seven  thousand  seven  hun- 
dred and  under  thirty-one  thousand  shall  belong  to  and  be  known  as 
counties  of  the  seventeenth  class. 

Counties  containing  a  population  of  twenty-seven  thousand  five  hun- 
dred and  under  twenty-seven  thousand  seven  hundred  shall  belong  to  and 
be  known  as  counties  of  the  eighteenth  class. 

Counties  containing  a  population  of  twenty-seven  thousand  three  hun- 
dred and  under  twenty-seven  thousand  five  hundred  shall  belong  to  and 
be  known  as  counties  of  the  nineteenth   class. 


§  4006  POLITICAL    CODE.  568 

Counties  containing  a  population  of  twenty-six  thousand  five  hundred 
and  under  twenty-seven  thousand  three  hundred  shall  belong  to  and  be 
known  as  counties  of  the  twentieth  class. 

Counties  containing  a  population  of  twenty-six  thousand  and  undor 
twenty-six  thousand  five  hundred  shall  belong  to  and  be  known  as  coun- 
ties  of   the   twenty-first   class. 

Counties  containing  a  population  of  twenty-five  thousand  and  under 
twenty-six  thousand  shall  belong  to  and  be  known  as  counties  of  the 
twenty-second  class. 

Counties  containing  a  population  of  twenty-four  thousand  and  under 
twenty-five  thousand  shall  belong  to  and  be  known  as  counties  of  the 
twenty-third  class. 

Counties  containing  a  population  of  twenty-three  thousand  and  under 
twenty-four  thousand  shall  belong  to  and  be  known  as  counties  of  the 
twenty-fourth   class. 

Counties  containing  a  population  of  twenty-two  thousand  and  under 
twenty-three  thousand  shall  belong  to  and  be  known  as  counties  of  the 
twenty-fifth  class. 

Counties  containing  a  population  of  nineteen  thousand  five  hundred 
and  under  twenty-two  thousand  shall  belong  to  and  be  known  as  counties 
of  the  twenty-sixth  class. 

Counties  containing  a  population  of  nineteen  thousand  three  hundred 
and  under  nineteen  thousand  five  hundred  shall  belong  to  and  be  known 
as  counties  of  the  twenty-seventh  class. 

Counties  containing  a  population  of  eighteen  thousand  nine  hundred 
and  under  nineteen  thousand  three  hundred  shall  belong  to  and  be  known 
as  counties  of  the  twenty-eighth  class. 

Counties  containing  a  population  of  eighteen  thousand  five  hundred 
and  under  eighteen  thousanil  nine  luindred  shall  belong  to  and  be  known 
as  counties  of  the  twenty-ninth  cla.^s. 

Counties  containing  a  population  of  eighteen  thousand  three  hundred 
and  under  eighteen  thousand  five  hundred  shall  belong  to  and  be  known 
as  counties  of  the  thirtieth  class. 

Counties  containing  a  population  of  eighteen  thousand  and  under 
eighteen  thousand  three  hundred  shall  belong  to  and  be  known  as  coun- 
ties of  the  thirty-first  class. 

Counties  containing  a  population  of  sixteen  thousand  and  under 
eighteen  thousand  shall  belong  to  and  be  known  as  counties  of  the 
thirty-second  class. 

Counties  containing  a  population  of  fifteen  thousand  and  under  sixteen 
thousand  shall  belong  to  and  be  known  as  counties  of  the  thirty-third 
class. 

Counties  containing  a  population  of  fourteen  thousand  and  under 
fifteen  thousand  shall  belong  to  and  be  known  as  counties  of  the  thirty- 
fourth  class. 

Counties  containing  a  population  of  thirteen  thousand  seven  hundred 
and  under  fourteen  thousand  shall  belong  to  and  be  known  as  counties 
of  the  tliirty-fifth  class. 


569  POLITICAL    CODE.  §  4006 

Counties  containing  a  population  of  thirteen  thousand  and  under 
thirteen  thousand  seven  hundred  shall  belong  to  and  be  known  as  coun- 
ties of  the  thirty-sixth  class. 

C-'ountics  containing  a  population  of  eleven  thousand  and  under  thirteen 
thousand  shall  belong  to  and  be  known  as  counties  of  the  thirty-seventh 
class. 

Counties  containing  a  population  of  ten  thousand  and  under  eleven 
thousand  shall  belong  to  and  be  known  as  counties  of  the  thirty-eighth 
class. 

Counties  containing  a  population  of  nine  thousand  five  hundred  and 
under  ten  thousand  shall  belong  to  and  be  known  as  counties  of  the 
thirty-ninth  class. 

Counties  containing  a  population  of  nine  thousand  one  hundred  and 
under  nine  thousand  five  hundred  shall  belong  to  and  be  known  as 
counties  of  the  fortieth  class. 

Counties  containing  a  population  of  nine  thousand  and  under  nine 
thousand  one  hundred  shall  belong  to  and  be  known  as  counties  of  the 
forty-first  class. 

Counties  containing  a  population  of  eight  thousand  three  hundred 
and  under  nine  thousand  shall  belong  to  and  be  known  as  counties  of 
the  forty-second  class. 

Counties  containing  a  population  of  eight  thousand  and  under  eight 
thousand  three  hundred  shall  belong  to  and  be  known  as  counties  of  the 
forty-third  class. 

Counties  containing  a  population  of  seven  thousand  seven  hundred 
and  under  eight  thousand  shall  belong  to  and  be  known  as  counties  of 
the  forty-fourth  class. 

Counties  containing  a  population  of  seven  thousand  four  hundred  and 
under  seven  thousand  seven  hundred  shall  belong  to  and  be  known 
as  counties  of  the  forty-fifth  class. 

Counties  containing  a  population  of  seven  thousand  and  under  seven 
thousand  four  hundred  shall  belong  to  and  be  known  as  counties  of  the 
forty-sixth  class. 

Counties  containing  a  population  of  six  thousand  five  hundred  and 
under  seven  thousand  shall  belong  to  and  be  known  as  counties  of  the 
forty-seventh  class. 

Counties  containing  a  population  of  six  thousand  three  hundred  and 
under  six  thousand  five  hundred  shall  belong  to  and  be  known  as  coun- 
ties  of  the   forty-eighth   class. 

Counties  containing  a  population  of  six  thousand  and  under  six  thou- 
sand three  hundred  shall  belong  to  and  be  known  as  counties  of  the 
forty-ninth  class. 

Counties  containing  a  population  of  five  thousand  three  hundred  and 
under  six  thousand  shall  belong  to  and  be  known  as  counties  of  the 
fiftieth  class. 

Counties  containing  a  population  of  five  thousand  and  under  five  thou- 
sand three  hundred  shall  belong  to  and  be  known  as  counties  of  the 
fiftv-first   class. 


§  4013  POLITICAL    CODE.  570 

Counties  containing  a  population  of  four  thousand  five  hundrcil  and 
under  five  thousand  shall  belong  to  and  be  known  as  counties  of. the 
fifty-second  class. 

Counties  containing  a  population  of  four  thousand  and  under  four 
thousand  five  hundred  shall  belong  to  and  be  known  as  counties  of  the 
fifty-third  class. 

Counties  containing  a  population  of  three  thousand  five  hundred  and 
under  four  thousand  shall  belong  to  and  be  known  as  counties  of  the 
fifty-fourth  class. 

Counties  containing  a  population  of  three  thousand  and  under  three 
thousand  five  hundred  shall  belong  to  and  be  known  as  counties  of  the 
fifty-fifth  class. 

Counties  containing  a  pojiulation  of  two  thousand  four  hundred  and 
under  three  thousand  shall  belong  to  and  be  known  as  counties  of  the 
fifty-sixth   class. 

Counties  containing  a  population  of  two  thousand  and  under  two 
thousand  four  hundred  shall  belong  to  and  be  known  as  counties  of  the 
fifty-seventh  class. 

•Counties  containing  a  population  less  than  two  thousand  shall  belong 
to    and    be    known    as    counties    of    the    fifty-eighth    class,     [.\inendment 
approved  February  28,  I'Jll;  Stats.  1911,  p.'  98.] 
Citations.     App.  11/578. 

Officers  of  a  county. 

§  4013.     The  ofliccrs  of  a  county  are: 

1.  A  district  attorney; 

2.  A  sheriff; 

.3.  A  county  clerk; 

4.  An  auditor; 

5.  A  treasurer; 

6.  A  recorder; 

7.  A  license  collector; 

8.  A  tax  collector,  who  shall  be  ex-officio  license  collector; 

9.  An  assessor; 

10.  A  superintendent  of  schools; 

11.  A  public   administrator; 

12.  A  coroner; 

13.  A  surveyor; 

14.  Members  of  the  board  of  supervisors; 

15.  A  livestock  inspector; 

16.  A  fish  and  game  warden; 

17.  A  registrar  of  voters; 

18.  A  sealer  of  weights  and  measures; 

19.  Such  other  officers  as  may  be  provided  by  law.  [Amendment 
approved  January  10,  1912;  Stats.  Ex.  Sess.    liUl,  p.  2uG.] 

Citations.      Cal.    161/648.      App.    18/443. 


571  POLITICAL  CODE.  §§  4014-4021 

Township  officers.     Additional  officers. 

§  4014.  The  otficers  of  a  township  are,  two  justices  of  the  peace,  two 
constables,  and  such  subordinate  officers  as  are  provided  by  law.  In 
townships  containing  cities,  or  parts  of  cities,  of  the  second,  third, 
fourth,  or  fifth  class,  in  which  city  justices  or  recorders  are  elected  or  ap- 
pointed, there  shall  be  but  one  justice  of  the  peace,  and  in  townships 
having  a  population  of  less  than  seven  thousand  seven  hundred  fifty, 
there  shall  be  but  one  justice  of  the  peace  and  one  constable;  provided, 
however,  that  in  townsliips  containing  cities  of  the  first  and  one-half 
class  there  shall  be  four  justices  of  the  peace  and  four  constables.  For 
the  purjiose  of  this  section,  the  population  of  townships  in  the  state  of 
'California  is  hereby  determined  to  be  the  population  of  such  townships 
as  shown  by  the  federal  census  taken  in  the  year  A.  D.  nineteen  hun- 
dred and  ten,  or  by  a  subsequent  census  taken  as  in  section  4055  of  this 
code  provided. 

Provided,  however,  that  appointments  to  fill  any  additional  offices 
created  by  this  section  shall  not  be  made  by  the  board  of  supervisors 
except  upon  the  j)resentation  of  a  petition  therefor  to  said  board,  signed 
by  not  less  than  forty  per  cent  of  the  qualified  electors  residents  of  such 
townshi]>s,  whose  names  appear  upon  the  great  register  of  the  county  at 
the  last  general  election.  [Amendment  approved  February  9,  1911j 
Stats.   1911,  p.  12.] 

Citations.      App.   19/142,  714,  716,  717,  718,  719. 

Consolidation  of  county  offices. 

§  4017.  In  counties  where  the  board  of  supervisors  by  proper  ordi- 
nance so  elect,  except  as  otherwise  provided  in  this  title,  the  duties 
of  certain  of  the  offices  mentioned  in  section  4013  are  hereby  consol- 
idated as  follows:  sheriff  and  tax  collector;  auditor  and  recorder;  county 
clerk,  auditor  and  recorder;  county  clerk  and  recorder;  county  clerk  and 
auditor;  treasurer  and  tax  collector;  treasurer  and  recorder;  assessor 
and  tax  collector;  public  administrator  and  coroner;  district  attorney 
and  coroner;  sheriff  and  public  administrator.  [Amendment  approved 
May  22,  1913;   Stats.  1913,  p.  436.] 

Also  amended  January  10,  1912   (Stats.  Ex.  Sess.  1911,  p.  216). 

Offices  not  consolidated  must  be  filled. 

§  •i020.  When  there  is  an  omission  by  the  board  of  supervisors  to 
consolidate  and  to  advertise  the  consolidation  of  offices  as  in  this  article 
authorized,  each  office  not  so  consolidated  must  be  filled  by  an  election 
or  an  appointment  in  the  manner  provided  by  law.  [Amendment  ap- 
proved January  10,  1912;  Stats.  Ex.  Sess.  1911,  p.  217.] 

Election    of    county    and    township    officers.     When    county    charter    is 
adopted. 
§  4021.     All   elective    county    and   township    officers,    except   otherwise 
provided  for  in  this  title  and  by  law,  shall  be  elected  at  the  general  elec- 


§  4021a  POLITICAL  CODE.  572 

tion  at  which  the  governor  is  elected,  and  shall  take  ofRoe  at  12  o'clock 
meridian  on  the  first  Monday  after  the  first  day  of  January  next 
succeeding  their  election.  All  officers  elected  under  the  provisions  of 
this  title  shall  hold  office  until  their  successors  are  elected  or  appointed 
and  qualified.  Supervisors  shall  be  elected  at  the  general  election  prior 
to  expiration  of  the  term  of  the  incumbent.  The  supervisors  of  any 
county  created  after  the  first  day  of  July,  nineteen  hundred  and  seven, 
shall,  within  six  months  after  the  first  general  election  succeeding  the 
creation  of  such  county,  classify  thf^mselves  by  lot  into  two  classes,  as 
nearly  equal  in  number  as  possible,  and  the  term  of  ofiice  of  the  class 
having  the  greater  number  shall  expire  in  two  years  from  such  general 
election,  and  the  term  of  office  of  the  class  having  the  lesser  number 
shall  terminate  in  four  years  from  such  general  election;  provided, 
that  whenever  any  county  has  heretofore  framed  and  adopted  a  charter 
for  its  own  government,  under  the  provisions  of  section  7'A  of  article 
11  of  the  constitution  of  this  state,  and  such  charter  has  been  hereto- 
fore approved  by  the  legislature,  as  provided  in  said  section  of  the  con- 
stitution, and  such  charter  shall  jirovide  for  the  appointment  of  all  or 
any  of  such  county  or  township  officers,  then  such  officers  first  to  be 
appointed  iinder  the  provisions  of  such  charter  shall  be  deemed  the 
successors  of  the  like  elective  officers  in  office  at  the  time  of  the 
approval  of  such  charter,  which  elective  officers  shall  continue  to  hold 
office  for  the  term  for  which  they  were  elected  and  until  the  appoint- 
ment and  qualification  of  their  successors  under  such  charter;  and  no 
election  for  any  such  officer  whose  successor  is  so  to  be  appointed  shall 
be  had  a^  any  election  held  subsequent  to  the  approval  of  such  charter, 
except  to  fill  a  vacancv  for  an  unexpired  term.  [Amendment  approved 
June  16,  1913;  Stats.  1913,  p.  1373.] 

Recall  of  officers  of  counties  or  subdivisions  thereof.     Petition  for  re- 
moval.    Examination    by    clerk.     Supplemental    petition.     Election. 
Nominations.     Contents    of    ballot.     Successor    to    officer    removed. 
Duty  of  registrar  of  voters. 
§  4021a.     The   Imldcr  of  any   elective   office   of  any   county   or  of   any 
township  or  supervisor  district   thereof,  may  be   removed  or  recalled  at 
any  time   by   the   electors;   provided,  he  has   held   his   office  at    least   six 
months.     The  provisions  of  this  section  are  intended  to  apply  to  officials 
now  in   office,  as   well   as  to  those   hereafter   elected.     The   procedure   to 
effect  such  removal  or  recall  shall  be  as  follows: 

A  petition  demanding  the  election  of  a  successor  to  the  person  sought 
to  be  removed  shall  be  filed  with  the  county  clerk,  which  petition  shall 
be  signed  by  registered  voters  equal  in  number  to  at  least  twenty  per 
cent  of  the  entire  vote  cast  within  such  county  for  all  candidates  for 
the  office  which  the  incumbent,  sought  to  be  removed,  occupies  at  the 
last  preceding  general  election  at  which  such  officer  was  voted  for  (or 
a  like  percentage  of  such  vote  within  those  precincts  of  the  county 
embraced    within    the    district,    township    or    subdivision    of    th«    county 


573  POLITICAL  CODE.  §  4021a 

^  entitled  to  vote  for  a  successor  to  the  officer  named,  in  case  of  an  official 
not  elected  by  the  county  at  large),  and  shall  contain  a  statement  of  the 
grounds  on  which  the  removal  or  recall  is  sought,  which  statement  is  in- 
tended solely  for  the  information  of  the  electors.  Any  insufficiency  of 
form  or  substance  in  such  statement  shall  in  nowise  affect  the  validity  of 
the  election  and  proceedings  held  thereunder.  The  signatures  to  the 
petition  need  not  all  be  appended  to  one  paper.  Each  signer  shall  add 
to  his  signature  his  place  of  residence  and  occupation,  giving  street 
and  number,  where  such  street  and  number,  or  either,  exist,  and  if  no 
street  or  number  exist,  then  such  a  designation  of  the  place  of  residence 
as  will  enable  the  location  to  be  readily  ascertained.  Each  such  separate 
paper  shall  have  attached  thereto  an  affidavit  made  by  a  qualified 
elector  of  the  county  (or  particular  subdivision  of  the  county,  as  the 
case  may  be)  and  sworn  to  before  an  officer  competent  to  administer 
oaths,  stating  that  the  affiant  circulated  that  particular  paper  and  saw 
written  the  signatures  appended  thereto;  and  that  according  to  the  best 
information  and  belief  of  the  affiant,  each  is  the  genuine  signature  of 
the  person  whose  name  purports  to  be  thereunto  subscribed  and  of  a 
qualified  elector  of  the  county  (or  particular  subdivision  thereof). 
Within  ten  days  from  the  date  of  filing  such  petition,  the  clerk  shall 
examine  and  from  the  records  of  registration  ascertain  whether  or  not 
said  petition  is  signed  by  the  requisite  number  of  qualified  electors,  and 
he  shall  attach  to  said  petition  his  certificate  showing  the  result  of  said 
examination.  If  by  the  clerk's  certificate  the  petition  is  shown  to  be 
insufficient,  it  may  be  supplemented  within  ten  days  from  the  date  of 
such  certificate,  by  the  filing  of  additional  papers,  duplicates  of  the 
original  petition  except  as  to  the  names  signed.  The  clerk  shall,  within 
ten  days  after  such  supplementing  papers  are  filed,  make  like  exami- 
nation of  the  supplementing  petition,  and  if  his  certificate  shall  show 
that  all  the  names  to  such  petition,  including  the  supplemental  papers, 
are  still  insufficient,  no  action  shall  be  taken  thereon;  but  the  petition 
shall  remain  on  file  as  a  public  record;  and  the  failure  to  secure  suf- 
ficient names  shall  be  without  prejudice  to  the  filing  later  of  an  entirely 
new  petition  to  the  same  effect.  If  required  by  the  clerk,  the  board  of 
supervisors  shall  authorize  him  to  employ,  and  shall  provide  for  the 
compensation  of,  persons  necessary  in  the  examination  of  said  petition 
and  supplementing  petitions,  all  in  addition  to  the  persons  regularly 
employed  by  him  in  his  office.  In  case  the  clerk  is  the  officer  sought  to 
be  recalled,  the  duties  herein  provided  to  be  performed  by  him,  shall 
be  performed  by  some  other  person  designated  by  said  board,  for  that 
purpose.  If  the  petition  shall  be  found  to  be  sufficient,  the  clerk  shall 
submit  the  same  to  the  board  of  supervisors  without  delay,  whereupon 
the  board  shall  forthwith  cause  a  special  election  to  be  held  within  not 
less  than  thirtj^-five  nor  more  than  forty  days  after  the  date  of  the 
order  calling  such  election,  to  determine  whether  the  voters  will  recall 
such  officer;  provided,  that  if  a  general  election  is  to  occur  within  sixty 
days  from  the   date   of  the   order   calling  such  election,  the  board   may 


§  4021a  POLITICAL  CODE.  574 

in  its  discretion  postpone  the  holding  of  such  election  to  snch  general 
election  or  submit  such  recall  election  at  any  such  general  election  occur- 
ring not  less  than  thirty-five  days  after  such  order.  If  a  vacancy  occur 
in  sayl  office  after  a  recall  petition  is  filed,  the  election  shall  neverthe- 
less proceed  as  in  this  section  provided.  One  petition  is  suflScient  to 
propose  the  removal  and  election  of  one  or  more  elective  officials.  One 
election  is  competent  for  the  removal  and  election  of  one  or  more  elec- 
tive officials.  Nominations  for  any  office  under  such  recall  election  shall 
be  made  by  petition  in  the  manner  prescribed  by  section  1188  of  this 
code;  except  that  no  party  affiliation  of  candidate,  signer  or  verification 
deputy  shall  be  given,  nor  shall  the  election  as  a  convention  delegate  or 
participation  in  a  primary  election  be  any  bar  to  signing  such  petition. 
T'pon  the  sample  ballot  there  shall  be  printed  in  not  more  than  two 
hundred  words  the  reasons  set  forth  in  the  recall  petition  for  demanding 
the  recall  of  the  offii-er,  and  upon  the  same  ballot  in  not  more  than  two 
hundred  words,  the  oflicer  may  justify  his  course  in  office. 

There  shall  be  printed  on  the  recall  ballot,  as  to  every  officer  whose 
recall  is  to  be  voted  on  thereat,  the  following  question:  "Shall  (name  of 
person  against  whom  the  recall  petition  is  filed)  be  recalled  from  the 
office  of  (title  of  the  office)?"  following  which  question  shall  be  the 
words  "Yes"  and  "No"  on  separate  lines,  with  a  blank  space  at  the 
right  of  each,  in  which  the  voter  shall  indicate,  by  stamping  a  cross  (X), 
his  Aote  for  or  against  such  recall.  On  such  ballots,  under  each  such 
question,  there  shall  also  be  printed  the  names  of  those  persDus  who 
have  been  nominated  in  tlTe  manner  provided  by  law  for  the  nomination 
of  candidates  for  such  office  as  candidates  to  succeed  the  person  recalled, 
in  case  he  shall  be  removed  from  office  by  said  recall  election;  but  no 
vote  cast  shall  be  counted  for  any  candidate  for  said  office  unless  the 
voter  also  voted  on  said  question  of  the  recall  of  the  person  sought  to 
be  recalled  from  said  office.  The  name  of  the  person  against  whom  the 
petition  is  filed  shall  not  appear  on  the  ballot  as  a  candidate  for  the 
office.  If  a  majority  of  those  voting  on  said  question  of  the  reiall  of 
an}-  incumbent  from  office  shall  vote  "No,"  said  incumbent  shall  continue 
in  said  office.  If  a  majority  shall  vote  "Yes,"  said  incumbent  shall 
thereupon  be  deemed  removed  from  office,  upon  the  qualification  of  his 
successor.  The  canvassers  shall  canvass  all  votes  for  candidates  for  said 
office  and  declare  the  result  in  like  manner  as  in  a  regular  election.  If 
the  vote  at  any  such  recall  election  shall  recall  the  officer,  then  the 
candidate  who  has  received  the  highest  number  of  votes  for  the  office 
shall  be  thereby  declared  elected,  for  the  remainder  of  the  term.  In 
case  the  person  who  received  the  highest  number  of  votes  shall  tail  to 
qualify  within  ten  days  after  receiving  the  certificate  of  election,  the 
office  shall  be  deemed  vacant  and  shall  be  filled  according  to  law.  Where 
the  office  of  registrar  of  voters  exists,  the  duties  herein  imposed  upon 
the  countv  clerk  shall  be  performed  by  said  registrar  of  voters,  [.\mcnd- 
ment  approved  January  2,  1912;  Stats.  Ex.  Scss.  1911,  p.  122.] 
This  section  added  to  the  code  April  3,  1911   (Stats.  1911,  p.  580). 


575  POLITICAL  CODE.  §§  4023-4041 

Qualifications  necessary  to  hold  ofllce. 

§  4023.  No  person  is  eligible  to  a  county,  district,  or  township  office, 
who,  at  the  time  of  his  election,  is  not  of  the  age  of  twenty-one  years, 
or  over,  a  citizen  of  the  state,  and  an  elector  of  the  county,  district, 
township,  or  other  division,  in  which  the  duties  of  the  office  are  to  be 
exercised;  provided,  that  no  person  shall  hereafter  be  eligible  to  the 
office  of  district  attorney  who  has  not  been  admitted  to  practice  in 
the  supreme  court  of  the  state  of  California;  and  provided  further,  that 
the  county  livestock  inspector  shall,  at  the  time  of  his  appointment,  be 
a  duly  qualified  veterinary  surgeon  having  on  file  in  the  office  of  the 
county  clerk  a  certificate  issue(l  to  him  by  the  state  veterinary  medical 
board.  [Amendment  approved  December  18,  1911;  Stats.  Ex.  Sess.  1911, 
p.  15.] 

Citations.      App.   18/444,  445. 

Powers  of  supervisors. 

§  4041.  The  boards  of  supervisors,  in  their  respective  counties  shall 
have  jurisdiction  and  power,  under  such  limitations  and  restrictions  as 
are  prescribed  by  law: 

Supervise  work  of  county  officers. 

1.  To  supervise  the  official  conduct  of  all  county  officers,  and  officers 
of  all  districts  and  other  subdivisions  of  the  county  and  particularly 
those  charged  with  the  assessing,  collecting,  safekeeping,  management, 
or  disbursement  of  the  public  revenues;  to  see  that  they  faithfully  per- 
form their  duties,  direct  prosecutions  for  delinquencies,  and,  when  neces- 
sary, require  them  to  renew  their  official  bonds,  make  reports  and  present 
their  books  and  accounts  for  inspection. 

Divide  counties. 

2.  To  divide  the  counties  into  townships,  election,  school,  road,  super- 
visor, sanitary,  and  other  districts  required  by  law,  change  the  same, 
and   create   others,   as   convenience   requires. 

Establish  election  districts. 

3.  To  establish,  abolish,  and  change  election  precincts,  and  to  appoint 
inspectors,  clerks  and  judges  of  election,  canvass  all  election  returns, 
declare  the  result,  and  order  the  county  clerk  to  issue  certificates  thereof; 
provided,  that  no  election  precinct  shall  be  established  or  abolished  or 
the  boundaries  of  any  election  preeinct  changed  within  ninety  days  prior 
to  any  election. 

Build  roads. 

4.  To  acquire  and  take  by  purchase,  condemnation  or  otherwise  laud 
for  the  uses  and  purposes  of  public  roads,  highways,  boulevards,  turn- 
pikes, and  other  public  ways,  and  to  lay  out,  maintain,  control,  construct, 
repair,  and  manage  public  roads,  boulevards,  highways,  turnpikes  and 
other   public   ways,   and   to   incur   a   bonded   indebtedness   for   any   such 


§  40-il  POLITICAL   CODE.  576 

purposes;  provided,  that  no  such  indebtedness  shall  be  incurred  for  any 
of  such  purposes  until  after  the  question  of  the  issue  of  bonds  therefor 
shall  have  been  submitted  to  the  qualified  electors  of  the  county,  at  a 
special  election  called  for  that  purpose,  and  two-thirds  of  the  electors 
of  the  county  voting  at  such  election  shall  have  voted  in  favor  of 
issuing  such  bonds;  said  election  to  be  called  and  held  and  said  bonds, 
if  authorized,  to  be  issued,  sold  and  made  payable  in  the  manner  and 
form  prescribed  by  section  4088  of  this  code.  Said  boards  shall  also 
have  power  to  make  and  enforce  rules  and  regulations  for  the  protection, 
management,  control  and  use  of  such  public  boulevards,  roads,  highways, 
turnpikes  and  other  public  ways. 

Maintain  summer  bridges. 

4a.  To  construct,  operate,  manage  or  maintain  summer  bridges  or 
ferries  under  such  rules  and  regulations  and  at  such  times  and  places 
as  they  may  deem  necessary;  such  bridges  or  ferries  to  be  paid  for  out 
of  the  county  general  fund. 

Maintain  ferries. 

5.  To  lay  out,  maintain,  control,  construct,  repair  and  manage  public 
ferries,  wharves,  chutes  an<l  other  shijiping  facilities  and  bridges  within 
the  county,  unless  otherwise  provided  by  law,  and  to  grant  franchises 
and  licenses  to  collect  tolls  thereon. 

Acquire  land  for  courthouses,  etc. 

6.  To  purchase,  roceive  by  donation,  lease  or  otherwise  acquire  water 
rights  or  real  or  personal  jiroperty  necessary  for  the  use  of  the  county, 
for  a  courthouse,  jail,  hospital,  historical  museum,  art  gallery  and  alms- 
house, public  pleasure  ground,  public  parks,  and  other  public  purposes, 
and  also  property  upon  which  to  sink  wells  to  obtain  water  for  sprink- 
ling roads  and  other  county  purposes,  and  to  improve,  preserve,  take 
care  of,  manage  and  control  the  same;  provided,  that  no  purchase  of 
real  pro|)erty  sliall  l>e  made  unless  a  notice  of  the  intention  of  the  board 
of  supervisors  to  make  such  purchase,  describing  the  property  to  be  pur- 
chased, the  price  to  be  paid  therefor,  from  whom  it  is  proposed  to  be 
purchased,  and  fixing  the  time  when  the  board  will  moot  to  consum- 
mate such  purchase,  has  been  published  for  at  least  three  weeks  in  some 
newspaper  of  general  circulation  published  in  the  county;  or  if  none 
be  published  in  the  county,  then  that  [notice]  has  been  posted  at  least 
three  weeks  prior  to  the  time  when  the  board  meets  to  consummate  such 
purchase  in  at  least  three  public   places  in  each   supervisorial  district. 

Build  hospitals  et<:.  Work  costing  over  five  hundred  dollars  by  con- 
tract. Advertise  for  bids.  Award  to  lowest  bidder.  Work  may  be 
done  by  day  labor.     Employment  of  road  labor.     Emergency  cases. 

7.  To  construct  or  lease,  liuiM  or  lebuild.  furnish  or  refurnish  or  re- 
pair hospitals  and  almshousV^s,  courthouse,  jail,  historical  museum,  county 
free    library    building,   branch   library    building,    art   gallery,    and   such 


.nl  POLITICAL   CODE.  §4041 

uilier  public  buildings  as  may  be  necessary  to  carry  out  the  work  of  tbe 
( ounty  goseiniiient,  and  to  provide  all  necessary  officers,  employees, 
attendants,  and  supplies  for  the  proper  maintenance  of  the  same;  pro- 
\  ided,  that  a  suitable  graduate  or  graduates  in  medicine  shall  be 
apjiointed  to  attend  to  the  indigent  sick  or  dependent  poor,  or  to  the 
latients  in  such  hospitals  and  almshouses;  j)rovided,  further,  that  the 
Iniard  shall  not  let  the  care,  maintenance,  or  attendance  of  such  indigent 
sii  k  or  dependent  poor  by  contract  to  any  person.  Whenever  the  cost  of 
construction  of  any  bridge,  wharf,  chute,  or  other  shipping  facilities, 
i>i-  of  any  hospital,  almshouse,  courthouse,  jail,  historical  museum,  county 
tree  library  building,  branch  library  building,  art  gallery,  or  other 
ihlic  buildings,  or  the  cost  of  any  repairs  thereto,  or  furnishing  thereof 
all  exceed  the  sum  of  five  hun<h-ed  dollars,  such  work  shall  be  done  by 
intract,  and  any  contract  therefor  shall  be  void  unless  the  same  shall 
lie  let  as  hereinafter  provided.  The  board  of  supervisors  shall  adopt 
plans  and  specifications,  strain-sheets  and  working  details  therefor,  and 
must  advertise  for  bids  for  the  ])erformance  of  said  work  in  a  news- 
jiaper  of  general  circulation  published  in  the  county  for  at  least  twenty 
days.  In  case  there  is  no  newsjiaper  published  in  said  county,  then 
•<iich  notice  shall  be  given  by  posting  in  three  public  places  for  at  least 
twenty  days.  All  bidders  shall  be  afforded  opportunity  to  examine 
such  plans  and  specifications,  strain-sheets  and  working  details,  and 
said  board  shall  award  the  contract  to  the  lowest  responsible  bidder, 
and  the  person,  firm  or  corporation  to  whom  the  contract  shall  be 
awarded  must  perform  the  work  in  accordance  with  the  said  plans  and 
specifications,  strain-sheets  and  working  details,  unless  the  same  be  mod- 
ified bj^  a  unanimous  vote  of  the  members  of  the  board  of  supervisors; 
and  in  everj-  such  case  if  the  cost  Qf  the  work  be  reduced  b}'  rea.son  of 
the  modification,  compensation  must  be  made  to  the  county  therefor, 
and  the  person,  firm,  or  corporation,  to  whom  the  contract  shall  be 
awarded  must  execute  a  bond  to  be  approved  by  the  said  board  for  the 
faithful  performance  of  such  contract;  provided,  that  for  the  construc- 
tion of  any  bridge,  wharf,  chute,  or  other  shipping  facilities,  or  any 
repairs  thereto  if  the  board  of  supervisors  shall  be  advised  by  the  county 
surveyor  that  the  work  can  be  done  for  a  sum  less  than  the  lowest 
responsible  bid,  it  shall  then  be  their  privilege  to  reject  all  bids  and  to 
order  the  work  done  or  structure  built  by  day's  work,  under  the  super- 
vision and  direction  of  the  said  surveyor;  provided,  that  the  road  com- 
missioners or  road  overseers  in  their  respective  districts  shall  employ  all 
labor  required,  and  direct  the  conduct  of  work  of  any  kind  upon  any 
and  all  public  roads;  provided,  further,  that  in-  cases  of  great  emergency, 
caused  by  flood,  fire,  earthquake,  or  act  of  God,  by  the  unanimous  con- 
sent of  the  whole  board,  they  may  proceed  at  once  to  replace  or  repair 
any  and  all  bridges  and  structures  without  adopting  the  plans  and 
specifications,  strain-sheets,  or  working  details,  or  giving  notice  for  bids 
to  let  contract;  the  work  to  be  done  by  day  labor  under  the  direction 
37 


§  4041  POLITICAL   CODE.  578 

of  the  board  or  by  contract,  or  by  a  combination  of  the  two;  if  wholly  or 
in  part  by  contract,  the  contractor  to  be  paid  the  actual  cost  of  material 
and  labor  expended  by  him  in  doing  the  work,  plus  fifteen  per  cent  to 
cover  all  profit,  supervision,  use  of  machinery,  and  tools,  and  other 
expenses;  provided,  that  no  more  than  the  lowest  current  market  prices 
shall  be  paid  for  material. 

Provide  poor  farm, 

8.  To  provide  a  farm  in  connection  with  the  county  hospital  or  alms- 
house and  make  regulations  for  working  the  same. 

Maintain  necessary  machinery. 

9.  To  jiurchasc,  acrinire,  construct,  equip,  and  maintain  all  necessary 
tanks,  reservoirs,  pumps,  apparatus,  motor  vehicles  and  other  machinery 
necessary  or  proper  to  facilitate  the  performance  of  the  work  in  the 
county. 

Acquire  cement  plants. 

9a.  To  purchase,  lease,  construct  or  otherwise  acquire,  own,  operate, 
manage  and  control,  in  any  county  in  the  state,  cement  manufacturing 
plant;  and  to  sell  the  products  of  the  same  in  such  manner  and  upon 
such  terms  and  conditions  as  to  them  shall  be  deemed  proper;  provided, 
that  the  state  of  California  and  municipal  or  public  corporations  of  the 
state  shall  have  a  preferred  right  at  the  same  price  as  the  products  are 
offered  to  private  persons  to  purchase  the  same;  and  to  purchase,  lease, 
or  otherwise  acquire  real  or  personal  property  to  be  used  in  connection 
with  such  plant;  provided,  however,  that  no  such  plant  shall  be  pur- 
chased, leased,  or  otliorwise  acquired  neither  shall  said  works  be  con- 
structed on  real  or  personal  property  purchased  nr  acquired  until  notice 
of  the  intention  to  make  such  purchase  or  construct  such  works  shall 
have  been  given  for  a  period  of  thirty  days  by  publication  in  a  news- 
paper of  general  circulation  published  within  the  county  or,  if  there 
1)0  none,  then  by  posting  a  notice  for  said  period  in  a  conspicuous  place 
in  three  public  places  in  the  county;  such  notice  shall  contain  a  descrip- 
tion of  the  property  to  be  purchased  or  works  to  be  constructed,  a  state- 
ment of  the  amount  of  money  to  be  invested,  the  terms  upon  which  it  is 
to  be  invested  and  the  time  when  the  proposition  will  come  before  the 
board  of  supervisors  to  be  acted  upon. 

Sell  county  property  no  longer  needed. 

10.  To  sell  at  public  auction,  at  the  courthouse  door  or  at  such  other 
place  within  the  county  as  the  board  may,  by  four-fifths  vote,  order, 
after  five  days'  notice,  given  either  by  publication  in  a  newspaper  pub- 
lished in  the  county  or  by  posting  in  throe  public  places  in  the  county, 
and  convey  to  the  highest  bidder  for  cash  any  property  belonging  to  the 
county  not  required  for  public  use,  paying  the  proceeds  into  the  county 
treasury  for  the  use  of  the  county;  provided,  if  in  the  unanimous  judg- 
ment  of  the  board,  the   property   does   not  exceed   in   value  the   sum   of 


/ 


579  POLITICAL    CODE,  §  4041 

seventy-five  dollars,  or  if  it  be  the  product  of  the  county  farm,  the  same 
may  be  sold  at  private  sale,  without  advertising,  by  any  member  of  tlie 
board  empowered  for  that  purpose  by  a  majority  vote  of  the  board,  such 
sale  to  be  reported  to  and  confirmed  by  such  board  of  supervisors. 

Audit  acounts. 

11.  To  examine  and  audit,  at  least  every  twelve  months  the  accounts 
of  all  officers  having  the  care,  management,  collection,  or  disbursement 
of  moneys  belonging  to  the  county  or  moneys  received  or  disbursed  by 
them  under  authority  of  law. 

Allow  charges  against  county. 

12.  To  examine,  settle,  and  allow  all  accounts  legally  chargeable 
against  the  county,  except  salaries  of  officers,  and  such  demands  as  are 
authorized  by  law  to  be  allowed  by  some  other  person  or  tribunal,  and 
order  warrants  to  be  drawn  on  the  county  treasurer  therefor. 

Levy  taxes. 

13.  To  levy  taxes  upon  the  taxable  property  of  their  respective 
counties  for  all  county  purposes,  and  also  upon  the  taxable  property  of 
any  district,  for  the  construction  and  repair  of  roads  and  highways  and 
other  district  purposes;  provided,  that  no  tax  shall  be  levied  upon  any 
district  until  the  proposition  to  levy  the  same  has  been  submitted  to  the 
qualified  electors  of  such  district  and  received  a  majority  of  all  the 
legal  votes  cast  upon  such  proposition. 

Maintain  public  pounds. 

14.  To  maintain,  regulate  and  govern  public  pounds,  fix  the  limits 
within  which  animals  shall  not  run  at  large,  and  appoint  pound  keepers, 
who  shall  be  paid  out  of  the  fines  imposed  and  collected  from  the  owners 
of  impounded  animals,  and  from  no  other  source. 

Equalize  assessments. 

15.  To  equalize  assessments. 

Direct  county  suits. 

16.  To  direct  and  control  the  prosecution  and  defense  of  all  suits  to 
which  the  county  is  a  party  and  by  a  two-thirds  vote  of  all  the  members, 
may  employ  counsel  to  assist  the  district  attorney  in  conducting  the 
same. 

Insure  buildings. 

17.  To  insure  the  county  buildings  and  other  property  in  the  name 
and  for  the  benefit  of  the  county. 

Establish  salary  fund. 

18.  To  estahlish  a  salary  fund,  and  such  other  county  funds  as  they 
may  deem  necessary  for  the  proper  transaction  of  the  business  of  the 
county,  and  to  transfer  moneys  from  one  fund  to  another,  as  the  public 
interest  may  require. 


§  4041  POLITIC-VL    CODE.  580 

Fill  vacancies. 

19.  To  fill,  by  appointment,  all  vacancies  that  may  oconr  in  any  office 
filled  by  the  appointment  of  the  board  of  supervisors  and  elective  county 
or  township  officers,  except  in  those  of  judge  of  the  superior  court  and 
supervisor,  the  appointee  to  hold  office  for  the  unexpired  term  or  until 
the  next  general  election. 

Eeproduce  county  records. 

20.  To  employ  the  copyists  necessary  to  reproduce  any  of  the  county 
records  and  indices  thereto  that  may  have  been  lost  or  destroyed  by 
conflagration,  public  calamity  or  otherwise,  or  that  may  be  in  danger 
of  destruction  by  age,  obliteration,  or  constant  use  in  any  of  the  county 
offices. 

Employ  a  purchasing  agent. 

21.  to  employ  a  purchasing  agent,  whose  duties  shall  be  to  purchase 
for  the  county  and  the  offices  thereof  all  stationery,  clothing,  bedding, 
groceries,  provisions,  drugs,  medicines,  furnish  machinery,  implements, 
and  all  other  personal  property  or  supplies,  the  same  to  be  purchased 
only  upon  a  proper  requisition  therefor;  also  employ  for  said  purchasing 
agent  such  assistants  as  may  be  necessary  for  him  to  properly  fulfill 
his  duty. 

22.  Whenever  a  board  of  supervisors  shall  employ  a  purchasing  agent 
as  herein  provided  for  it  shall  not  be  necessary  for  them  to  advertise 
for  bids  for  furnishing  county  supplies  as  provided  in  section  4048  of 
the  Political  Code,  with  tlie  exccptinu  of  advertising. 

Make  own  regiilations. 

2.3.  To  make  and  enforce  such  rnies  and  regulations  for  the  govern- 
ment of  their  body,  the  preservation  of  order,  and  the  transaction  of 
business,  as  may  he  necessary  and  the  sujiervisors  may  attend  annual 
state  meetings  of  the  state  supervisors'  association  and  shall  be  allowtnl 
their  actual  traveling  expenses,  in  going  to  and  from  attendance  upon 
any  such  state  association  meetings. 

Adopt  a  seal. 

24.  To  adopt  a  seal  for  the  board,  a  description  and  impression  of 
which  must  be  filed  in  the  office  of  the  county  clerk  and  of  the  secretary 
of  state. 

License  business.     Ex-soldiers  licensed  without  fee. 

2.").  To  iii'onse,  in  the  cxi  rcise  of  their  jmlice  powers,  and  for  the 
purpose  of  regulation,  as  herein  provideil,  and  not  otherwise,  all  and 
every  kind  of  business  not  prohibited  by  law,  and  transacted  and 
carried  on  within  the  limits  of  their  respective  jurisdictions,  and  all 
shows,  exhibitions  and  lawful  games  carried  on  therein,  to  fix  the  rates 
of  licensee  tax  upon  the  same,  and  to  provide  for  the  collection  of  the 
same   by   suit   or   otherwise;    provided,   that   every   honorably   discharged 


581  POLITICAL  CODE.  §  404:1 

soldier,  sailor  or  marine  of  the  United  States  who  is  unable  to  obtain 
a  livelihood  by  manual  labor,  shall  have  the  right  to  hawk,  peddle  and 
vend  any  goods,  wares  or  merchandise,  except  spirituous,  malt,  vinous  or 
other  intoxicating  liquor,  without  payment  of  any  license,  tax  or  fee 
whatsoever,  whether  municipal,  county  or  state,  and  the  board  of  super- 
visors or  legislative  body  shall  issue  to  such  soldier,  sailor  or  marine, 
without  cost,  a  licenf^e  therefor;  provided,  however,  no  Ticense  can  be 
collected,  or  any  penalty  for  the  nonpayment  thereof  enforced  against 
any  commercial  traveler  whose  business  is  limited  to  the  goods,  wares 
^nd  merchandise  sold  or  dealt  in  in  this  state  at  wholesale. 

Destroy  pests. 

26.  To  provide  for  the  destruction  of  gophers,  squirrels,  other  wild 
animals,  noxious  weeds,  and  insects  injurious  to  fruit  or  fruit  trees, 
or  vines,  or  vegetable  or  plant  life. 

Protect    sheep. 

27.  To  provide  for  the  prevention  of  injuries  to  sheep  by  dogs,  and 
to  tax  dogs  and   direct   the  application   of  the  tax. 

Protect  fish  and  game. 

28.  To  provide,  by  ordinances,  not  in  conflict  with  the  general  laws 
of  the  state,  for  the  protection  of  fish  and  game,  and  may  shorten 
the  season  for  taking  or  killing  of  fish  and  game,  within  the  dates 
fixed  by   the   general  state  laws,  but  shall   not  lengthen  the  same. 

Work  prisoners. 

29.  To  provide  for  the  working  of  prisoners,  confined  in  the  county 
jail,  under  judgment  of  conviction  of  misdemeanor,  under  the  direction 
of  some  responsible  person,  to  be  appointed  by  the  sheriff  whose  com- 
pensation shall  not  exceed  one  hundred  dollars  per  month,  upon  the 
public  grounds,  roads,  streets,  alley's,  highwa3's,  or  public  buildings,  or 
in  such  other  places  as  may  be  deemed  advisable,  for  the  benefit  of 
the   county. 

Care  for  poor. 

29a.  To  provide  for  the  care  and  maintenance  of  the  indigent  sick 
or  dependent  poor  of  the  county,  and  for  such  purpose  to  levy  the 
necessary  property  or  poll  taxes,  or  both. 

Burial  of  indigent  dead. 

30.  To  provide  for  the  burying  of  the  indigent  dead. 

Make  local  police  regulations. 

31.  To  make  and  enforce,  within  the  limits  of  their  county,  all  such 
local  police,  sanitary  and  other  regulations  as  are  not  in  conflict  with 
general    laws. 


§  4041  POLITICAL    CODE.  582 

Make   rule   for   storing   gunpowder. 

32.  To  adopt  such  rules  and  regulations,  within  their  respective 
counties,  with  regard  to  keejung  and  storing  of  e%'ery  description  of 
gunpowder,  Hercules  powder,  giant  powder  or  other  explosives  or  com- 
bustible material,  as  the  safety  and  protection  of  the  lives  and  property 
of   individuals   may   require. 

Levy  tax  for  advertising. 

33.  To  levy  a  special  tax  not  to  exceed  two  cents  on  the  one  hun- 
dred dollars  of  the  assessed  valuation  of  all  property  within  the  county 
to  be  used  for  advertising,  exploiting  and  making  known  the  resources 
of  the  county  for  the  purpose  of  inducing  immigration  to,  and  increas- 
ing tlie  trade  and  commerce  of,  said  county,  or  for  the  purpose  of  ex- 
hibiting or  advertising  the  agricultural,  mineral,  manufacturing  or  other 
resources  of  the  county;  provided,  however,  that  if  said  rate  of  two 
cents  will  not  raise  five  thousand  dollars  in  any  one  year  the  boards 
of  supervisors  may  appropriate  from  the  general  fund  of  the  county 
an  amount  sufficient  to  make  up  the  deficiency  existing  between  the 
amount  raised  as  the  result  of  the  two  cent  levy  and  five  thousand  dol- 
lars; and  provided,  further,  that  such  tax  shall  be  in  addition  to  any  tax 
which  may  now  or  hereafter  be  authorized  to  be  levied  for  the  purpose 
of  creating  a  fund  to  be  used  for  collecting,  preparing  and  maintaining 
an  exhibition  in  any  domestic  or  foreign   exposition. 

Regulate  width  of  wagon  tires. 

3i.  To  enforce,  by  ordinance,  within  the  limits  of  their  counties  all 
such  regulations  concerning  the  size  of  wagons  and  vehicles  of  all 
kinds  to  be  used  on  tlie  roads  or  highways,  and  the  width  of  tires  on 
the   same,   as   are   not   in   conflict   with   general   laws. 

License  toll  roads,  etc. 

3.J.  To  grant  licenses  and  franchises  for  the  construction,  keeping 
and  taking  tolls  on  roads,  bridges,  ferries,  wharves,  chutes,  booms  and 
piers,  and  to  grant  franchises  along  and  over  the  public  roads  and  high- 
ways for  all  lawful  purposes,  ujton  such  terms  and  conditions  and  re- 
strictions as  in  their  judgment  n\ay  be  necessary  and  proper,  and  in 
such  manner  as  to  prevent  the  least  possible  obstruction  and  incon- 
venience  to  the  traveling  public. 

Take  tolls  on  public  roads. 

36.  To  grant,  on  such  terms,  conditions  and  restrictions  as  in  their 
judgment  may  be  necessary  and  proper,  licenses  and  franchises  for 
taking  tolls  on  public  roads  or  highways,  whenever  in  their  judgment 
the  expense  necessary  to  operate  or  maintain  such  public  roads  or 
highways  as  free  public  highways  is  too  great  to  justify  the  county 
in  so  operating  or  maintaining  them.  It  shall  always  be  a  condition 
attached  to  the  granting  of  such  licenses  and  franchises,  that  such 
roads    or    highways    shall    be   kept    in    reasonable   repair    by    the    person 


583  POLITICAL    CODE.  §  4041 

or  persons  to  whom  such  licenses  or  franchises  may  be  granted;  pro- 
vided, that  the  provision  of  any  j^eneral  law  applicable  to  the  granting 
of  franchises  by  municipal  corporations  and  counties  throughout  the 
state  shall  be  complied  with  in  the  granting  of  any  franchise  by  the 
board  of  supervisors. 

Repair  roads. 

37.  To  t^nact  ordinances  and  regulations  for  the  construction,  altera- 
tion, repair  and  control  of  all  public  roads  and  highways  in  the  county, 
unless  otherwise  provided  by  law. 

Levy  road  fund  tax.     Levy  sanitary  tax. 

38.  To  levy  a  special  road  fund  tax,  not  to  exceed  two  (2)  mills  on 
the  one  dollar  of  assessed  valuation,  on  all  the  property  in  such  coun- 
ties, outside  of  any  incorporated  city  or  town.  Such  tax  shall  be  in 
addition  to  all  taxes  otherwise  provided  for,  and  the  fund  so  created 
shall  be  expended  for  the  construction  and  maintenance  of  the  main 
public  roads  or  county  highways  in  the  several  road  districts,  in  pro- 
portion to  the  amount  collected  from  such  districts;  provided,  that  in 
addition  to  the  tax  mentioned  in  this  subdivision  the  board  of  super- 
visors shall  have  the  power  and  it  shall  be  their  duty,  upon  the  peti- 
tion of  a  majority  of  the  property  owners  of  any  road  district,  to 
levy  a  special  road  fund  tax  not  to  exceed  two  mills  on  the  one  dollar 
01  assessed  valuation  on  all  the  property  in  such  road  district,  to  be 
expended  in  the  maintenance  of  the  public  roads  of  such  district.  To 
levy  a  special  sanitary  tax,  not  to  exceed  one-half  (l^)  mill  on  the  one 
dollar  of  assessed  valuation,  on  all  the  property  in  such  counties,  out- 
side of  any  incorporated  city  or  town.  Such  tax  shall  be  in  addition 
to  all  taxes  otherwise  provided  for,  and  the  fund  so  created  shall  be 
used  to  prevent  the  introduction  of  dangerous,  infectious  or  communi- 
cable diseases  and  to  eradicate  them  if  introduced,  and  for  the  purpose 
of   general    sanitation. 

Encourage  tree  planting. 

39.  To  encourage,  under  such  regulations  as  they  may  adopt,  the 
planting  and  preservation  of  shade  and  ornamental  trees  on  the  public 
roads  and  highways,  and  on  and  about  the  public  grounds  and  buildings 
of  the  county,  and  pay  to  persons  planting  and  cultivating  the  same, 
for  every  living  tree  thus  planted,  at  the  age  of  four  years,  a  sum  not 
exceeding   one    dollar. 

Assume  municipal  functions. 

39a.  To  assume  and  discharge  such  municipal  functions  of  the  cities 
and  towns  within  the  county  as  may  be  authorized  by  any  county 
charter  framed  under  the  provisions  of  section  7^^  of  article  11  of 
the  constitution  of  the  state  of  California. 

Protect  river  banks. 

40.  To  provide  by  ordinance  for  the  organization  and  government  of 
districts,  to  protect  and  preserve  the  banks   of  rivers  and  streams  and 


§§  4U48a-4049  political  code.  ,       584 

lands  lying  contiguous  thereto  from  injury  by  overflow  or  the  washing 
thereof,  and  to  provide  for  the  improvement  of  said  rivers  and  streams, 
and  prevent  the  obstruction  thereof,  and  to  provide  for  the  assessment, 
levy  and  collection  within  such  districts  of  a  tax  therefor.  To  appro- 
priate a  sum  not  exceeding  two  cents  per  one  hundred  dollars  of  the 
assessed  valuation  of  their  county  in  any  one  year,  in  addition  to  any 
sum  which  may  be  chargeable  to  the  county  for  the  repayment  of 
mone)'  expended  bj'  the  state  for  protection  against  fire  in  such  county, 
for  the  purpose  of  protecting  forest,  brush  and  grass  lands  therein, 
against  fire  or  other  injury,  and  of  aiding  the  state  and  federal  authori- 
ties  in   forestry  work. 

Sell  maps. 

40a.  To  provide  for  the  sale,  at  not  less  than  cost,  of  copies  of  such 
maps  as  may  be  prepared  by  the  surveyor  for  the  use  of  the  assessor 
under  the  provisions  of  section  4218  of  the  Political  Code  of  Califor- 
nia,  as   may   be   deemed   desirable  by   the   board   of  supervisors. 

Do  other  acts  required. 

41.  To    do    and    perform    all    other    acts    and    things    required    by    law 
not    in    tills   title   enumerated,    or    which    may    bo   necessary   to   the    full 
discharge  of  the  duties  of  the  legislative  authority  of  the  county  gov- 
ernment.    [Ameudn^ent    approved    June    6,    1913;    Stats.    1913,    p.    667.] 
Also  amended  Ma.v  1.   1911    (Statg.   1911,  p.  1450). 

Citations.  Cal.  160/354;  164/5C2;  (suhd.  8)  156/188;  (subd.  12)  160/355; 
(snhd.  33)  lOl/.'j'iS,  5Gfi.  :,r,l,  5(12.  App.  in  122;  (H\t\.d.  4)  15/578;  (snbd. 
28)    17/60. 

Replacing  indexes  destroyed  by  fire. 

§  4043a.  In  all  cases  wliorc  by  reason  of  conflagrations  or  other  pub- 
lic calaiiiily,  any  index  or  indexes  to  any  of  the  public  records  of  a 
county  have  been  lost  or  destro^'ed,  leaving  such  records  without  neces- 
sary index  or  indexes  for  tlie  convenience  of  the  public  in  making  use 
of  any  such  recorijs,  tlie  bdard  of  supervisors  of  such  county  shall  i\n\o 
the  power  to  cause  to  be  made  by  some  competent  person  a  new  index  or 
indexes  of  any  of  such  records  the  index  to  which  was  so  destroyed  or 
lost;  and  the  cost  of  so  writing  up  and  making  such  new  index  or  new 
indexes  shall  be  a  county  charge,  payable  out  of  the  county  treasury 
upon  the  order  of  such  board  of  su[iervisors.  [New  section  appruve>l 
April    18,    1911;    Stats.    1911.    p.    94ii.] 

Publication  of  proceedings  of  supervisors. 

§  4049.  Within  ten  days  after  each  session  of  the  board  of  super- 
visors, it  must  cause  to  be  pubiislied  a  fair  statement  of  all  its  proceed- 
ings. Any  violation  of  this  section  or  failure  to  comjily  with  its  provi- 
sions is  punishable  by  a  fine  of  not  less  than  five  hundred  dollars  nor 
more  than  one  thousand  dollars,  or  by  forfeiture  of  office,  or  by  both. 
[Ameuduient    approved    March    23,    19il;    Stats.    1911,   p.   451.] 


585  POLITICAL  CODE.  §§4056-4058 

Supervisors  to  furnish  data  to  state  agricultiiral  society. 

§  4056.      [Repealed    February    9,    1911;    Stats.    J911,    p.    11.] 

Creation   of  fund  for  making   exhibitions  of  products. 

§  4056b.  The  boards  of  supervisors  of  the  several  counties  within 
the  state  of  California,  or  any  of  them,  are  hereby  authorized  and  em- 
powered to  levy  a  special  tax  on  the  taxable  property  within  their 
respective  counties,  for  the  purpose  of  creating  a  fund  to  be  used  for 
collecting,  preparing,  and  maintaining  an  exhibition  of  the  products 
and  industries  of  the  county  at  any  domestic  or  foreign  exposition,  for 
the  purpose  of  encouraging  immigration  and  increasing  trade  in  the 
products  of  the  state  of  California;  provided,  the  total  tax  levies  for 
such  purposes  in  any  one  year  shall  not  exceed  six  cents  on  each  one 
hundred  dollars  of  taxable  property  in  the  county,  according  to  the 
assessment-roll;  provided,  however,  that  no  such  levy  shall  be  made  by 
such  board  of  supervisors  except  by  a  two-thirds  vote  of  the  members 
of  the  board.  [New  section  approved  April  18,  1911;  Stats.  1911, 
p.  942.] 

Direct  legislation  by  counties.  Initiative.  Ordinance  proposed  by  elec- 
tors. Elections.  Ballots  used  at  elections.  Arguments.  Reference 
to  people  by  supei"visors  without  petition.  Copies  sent  to  voters. 
Time  of  holding  elections.  Submission  to  people  of  ordinance;. 
Passed  by  supervisors. 
§  4058.  Ordinances  may  also  be  enacted  by  and  for  any  county  of 
the  state  in  the  manner  following:  Any  projiosed  ordinance  may  be  sub- 
mitted to  the  board  of  su()ervisors  by  a  petition  £led  with  the  county 
clerk  after  being  signed  by  qualified  electors  of  the  county  not  less  in 
number  than  the  percentages  hereinafter  required.  The  signatures  to 
the  petition  need  not  all  be  appended  to  one  paper.  Each  signer  shall 
add  to  his  signature  his  place  of  residence  and  occupation,  giving  street 
and  number,  where  such  street  and  number,  or  either  exist,  and  if  no 
street  and  number  exist,  then  such  a  designation  of  the  place  of  resi- 
dence as  will  enable  the  location  to  be  readily  ascertained.  Each  such 
separate  paper  shall  have  attached  thereto  an  affidavit  made  by  an 
elector  of  the  county,  and  sworn  to  before  an  officer  competent  to  ad- 
minister oaths,  stating  that  the  affiant  circulated  that  particular  paper 
and  saw  written  the  signatures  appended  thereto;  and  that  according  to 
the  best  information  and  belief  of  the  affiant  each  is  the  genuine  sig- 
nature of  the  person  whose  name  purports  to  be  thereunto  subscribed, 
and  of  a  qualified  elector  of  the  county.  Within  ten  days  from  the  date 
of  tiling  such  petition  the  county  clerk  shall  examine  and  from  the  rec- 
ords of  registration  ascertain  whether  or  not  said  petition  is  signed  by 
the  requisite  number  of  qualified  electors,  and  he  shall  attach  to  said 
petition  his  certificate  showing  the  result  of  said  examination.  If  by 
the  clerk's  certificate  the  petition  is  shown  to  be  insufficient,  it  may 
be  supplemented  within  ten  days  from  the  date  of  such  certificate  b}' 
the  filing  of  additional  papers  duplicates  of  the  original  petition  except 


§  4058  POLITICAL   CODE.  586 

as  to  the  names  signed.  The  clerk  shall,  within  ten  days  after  such 
supplementing  papers  are  filed,  makcj  like  examination  of  the  supplement- 
ing petition,  and  if  his  certificate  shall  show  that  all  the  names  to  such 
petition,  including  the  supplemental  papers,  are  still  insufficient,  no 
action  on  the  petition  shall  be  mandatory  on  the  board  of  supervisors; 
but  the  petition  shall  remain  on  file  as  a  public  record;  and  the  failure 
to  secure  sufficient  names  shall  be  without  prejudice  to  the  filing  later 
of  an  entirely  new  petition  to  the  same  or  similar  effect.  If  the  peti- 
tion shall  be  found  to  be  sufficient,  the  clerk  shall  submit  the  same  to 
the  board  of  supervisors  at  its  next  regular  session.  If  the  petition 
accompanying  the  proposed  ordinance  be  signed  by  electors  not  less  in 
number  than  twenty  per  cent  of  the  entire  vote  cast  within  such  county 
for  all  candidates  for  governor  of  the  state,  at  the  last  preceding  gen- 
eral election  at  which  such  governor  was  voted  for,  and  contains  a 
request  that  such  ordinance  be  submitted  forthwith  to  a  vote  of  the 
people  at  a  special  election,  then  the  board  of  supervisors  shall  either: 

(a)  Pass  such  ordinance  without  alteration  at  the  regular  session  at 
which  it  is  jjrescjited  and  within  ten  days  after  it  is  presented;  or, 

(b)  Forthwith  the  su|)ervisors  shall  proceed  to  call  a  special  election 
at  which  such  ordinan<c,  without  alteration,  shall  be  submitted  to  a 
vote  of  the  electors  of  the  county. 

If  the  petition  be  signed  by  electors  not  less  in  number  than  ten  per 
cent  of  the  entire  vote  cast  for  all  candidates  for  governor  at  the  last 
preceding  election  when  such  candidates  for  governor  were  voted  for, 
and  the  ordinance  petitioned  for  is  not  required  to  be,  or  for  any  reason 
is  not,  subuiittod  to  tjie  electors  at  a  special  election,  and  is  not  passed 
without  change  by  said  legislative  body,  then  such  ordinance,  without 
alteration,  shuli  be  submitted  by  the  board  of  supervisors  to  a  vote 
of  the  electors  at  the  next  general  election.  The  ballots  used  when 
voting  upon  said  proposed  ordinances  shall  have  printed  thereon  the 
words  'yhall  the  ordinance  (stating  the  nature  thereof)  be  adopted  f" 
Opposite  such  proposition  to  be  voted  on,  and  to  the  right  thereof,  the 
words  "Yes"  and  "No"  shall  be  printed  on  separate  lines,  with  voting 
squares.  If  an  elector  shall  stamp  a  cross  (X)  in  the  voting  square 
after  the  printed  word  "Yes,"  his  vote  shall  be  counted  in  favor  of  the 
adoption  of  the  ordinance,  and  if  he  shall  stamp  a  cross  (X)  in  the 
voting  square  after  the  printed  word  "No,"  his  vote  shall  be  counted 
against  the  ado[)tion  of  the  same.  If  a  majority  of  the  qualified  elec- 
tors voting  on  said  proposed  ordinance  shall  vote  in  favor  thereof,  such 
ordinance  shall  thereupon  become  a  valid  and  binding  ordinance  of  the 
county  and  be  considered  as  adopted  upon  the  date  that  the  vote  is 
canvassed  and  declared  by  the  board  of  supervisors  and  go  into  eflfeet 
ten  days  thereafter.  Such  ordinance  shall  have  the  same  force  and 
effect  as  one  passed  by  the  board  of  supervisors,  except  that  no  ordi- 
nance proposed  by  i)etition  as  in  this  section  jirovided  ami  thereafter 
passed  either  by  the  vote  of  the  board  of  supervisors  without  submission 
to  a  vote  of  the  people  or  voted  upon  and  adopted  by   the  people,  shall 


587  POLITICAL   CODE.  §  4058 

he  repealed  or  amended  except  by  a  vote  of  the  people,  unless  provision 
otherwise  be  made  in  the  ordinance  itself.  Any  number  of  proposed 
ordinances  may  be  voted  upon  at  the  same  election  in  accordance  with 
the  provisions  of  this  section;  provided,  that  there  shall  not  be  held 
under  this  section  more  than  one  special  election  in  any  period  of  six 
months.  If  any  measure  be  submitted  upon  an  initiative  petition  of 
registered  voters,  as  hereinbefore  provided,  the  persons  filing  said  peti- 
tion shall  have  the  right,  if  they  so  choose,  to  present  and  file  there- 
with a  written  argument  in  sup]>ort  thereof  not  exceeding  three  hun- 
dred words  in  length,  which  argument  shall  be  printed  upon  the  sample 
ballot  issued  for  said  election.  Upon  the  same  ballot  shall  also  be 
printed  any  argument  of  not  exceeding  three  hundred  words  in  length 
in  opposition  thereto,  which  may  be  prepared  by  the  board  of  super- 
visors. If  the  provisions  of  two  or  more  ordinances  adopted  at  the 
same  election  conflict,  then  the  ordinance  receiving  the  highest  number 
of  affirmative  votes  shall  control.  The  board  of  supervisors  may  submit 
to  the  people,  without  a  petition  therefor,  a  proposition  for  the  repeal 
01  any  adopted  ordinance  or  for  amendments  thereto  or  for  the  enact- 
ment of  any  new  ordinance  to  be  voted  upon  at  any  succeeding  general 
or  special  election,  and  if  such  proposition  so  submitted  receive  a  major- 
ity of  the  votes  cast  thereon  at  such  election,  such  ordinance  shall  be 
repealed,   r.mended   or  enacted   accordingly. 

Whenever  any  ordinance  or  proposition  is  required  by  this  section  to 
be  submitted  to  the  voters  of  a  count}'  at  anj'  election,  the  county  clerk 
shall  cause  the  ordinance  or  proposition  to  be  printed,  and  he  shall  mail 
a  printed  copy  thereof,  inclosed  in  an  envelope,  with  a  sample  ballot  to 
each  voter,  at  least  ten  days  prior  to  the  election.  Notice  of  the  elec- 
tion shall  be  given  by  the  board  of  supervisors  by  publication  in  some 
newspaper  of  general  circulation  throughout  the  county,  to  be  designated 
by  such  board,  for  at  least  two  weeks  before  the  election.  All  the  pro- 
visions of  this  section  are  to  be  liberally  construed  for  the  purpose  of 
ascertaining  and  enforcing  the  will  of  the  electors.  The  enacting  clause 
of  an  ordinance  passed  by  the  vote  of  the  electors  shall  be  substantially 

in  the  following  form:   "The  people  of  the  county  of  do  ordain  as 

follows:"  When  a  special  election  is  to  be  called  under  the  terms  of  this 
section  it  shall  be  held  not  less  than  thirty  nor  more  than  sixty  days 
after  the  date  of  the  presentation  of  the  proposed  ordinance  to  the 
board  of  supervisors,  and  shall  be  held  as  nearly  as  may  be  in  accord- 
ance with  the  election  laws  of  the  state;  provided,  however,  that,' to 
avoid  holding  more  than  one  such  election,  within  any  six  months,  the 
date  for  holding  such  special  election  may  he  fixed  later  than  such  sixty 
days,  but  at  as  early  a  date  as  practicable  after  the  expiration  of  such 
six  months;  provided,  further,  that  when  under  any  of  the  terms  of 
this  statute  fixing  the  time  within  w'hich  a  special  election  shall  be  held 
it  is  made  possible  to  hold  the  same  within  six  months  prior  to  a  gen- 
eral election,  the  board  of  supervisors  may,  in  its  discretion,  submit  the 
proposed  ordinance  at  such  general  election  instead  of  at  a  special  elec- 


§§4068-4075  political  code.  588 

tion.  Except  an  ordinance  calling,  or  otherwise  relating  to  an  election, 
no  ordinance  passed  by  the  board  of  supervisors,  except  when  other- 
wise specially  required  by  the  laws  of  the  state,  and  except  an  ordi- 
nance for  the  immediate  preservation  of  the  public  peace,  health  or 
safety,  which  contains  a  declaration  of,  and  the  facts  constituting  its 
urgency  and  is  passed  by  a  four-fifths  vote  of  the  board,  and  no  ordi- 
nance granting  a  franchise  shall  go  into  effect  before  thirty  days  from 
its  final  passage;  and  if,  during  said  thirty  days,  a  petition  signed  by 
qualified  electors  of  the  county  equal  to  ten  per  cent  of  the  entire  vote 
cast  therein  for  all  candidates  for  governor  of  the  state  at  the  last 
preceding  general  election  at  which  a  governor  was  voted  for,  protest- 
ing against  the  passage  of  such  ordinance,  be  presented  to  the  board, 
the  same  shall  thereupon  be  suspended  from  going  into  operation,  and 
it  shall  be  the  duty  of  the  board  to  reconsider  such  ordinance.  If  said 
board  shall  thereupon  not  entirely  repeal  said  ordinance,  it  shall  submit 
the  same  to  a  vote  of  the  electors  either  at  a  general  election  or  a 
special  election  to  be  called  for  the  purpose,  and  such  ordinance  shall 
not  go  into  effect  or  become  operative  unless  a  majority  of  the  voters 
voting  upon  the  same  shall  vote  in  favor  thereof.  Such  petitions  and 
the  provisions  of  the  law  relative  to  the  duty  of  the  clerk  in  regard 
thereto,  and  the  manner  of  voting  thereon,  shall  conform  to  the  rules 
provided  herein  for  the  initiation  of  legislation  by  the  electors. 

Duty  of  registrar  of  voters. 

Whore  the  ofUcc  of  registrar  of  voters  exists,  the  duties  herein  im- 
posed upon  the  county  clerk  shall  be  performed  by  said  registrar  of 
voters.  [Amendment  approved  January  2,  1912;  Stats.  Ex.  Sess.  1911, 
p.  125.] 

This  section  was  added  to  the  code  April  3,  1911   (Stats.  1911,  p.  377). 

§  4068. 

Citations.      Cal.   160/720,    721,   723. 

§  4069. 

Citations.      160/721.   723. 

§  4074. 

Citations.      App.  15/582. 

Claims  against  counties  to  be  itemized. 

§  4075.  The  bonrd  of  suiervisors  must  not  hear  or  consider  any  claim 
in  favor  of  anj'  public  ollicer,  person,  corporation,  company,  or  associa- 
tion against  the  county,  nor  shall  the  board  credit  or  allow  any  claim 
or  bill  against  the  county  or  district  fund,  unless  the  same  be  itemized, 
giving  names,  dates  and  particular  services  rendered,  character  of  process 
served,  upon  whom,  distance  traveled,  where  and  when,  character  of 
work  done,  number  of  days  engaged,  supplies  or  materials  furnished, 
to    whom,    and    quantity    and    price    paid    therefor,    duly    verified    to    be 


589 


POLITICAL   CODE. 


§4076 


correct,  and  that  the  amount  claimed  is  justly  due,  and  is  presented 
and  filed  with  the  clerk  of  the  board  within  a  year  after  the  last  item 
of  the  account  or  claim  accrued.  If,  in  case  of  any  claim  which  re- 
quires itemizing,  the  board  do  not  hear  or  consider  the  same  because  it 
is  not  itemized,  they  shall  cause  nolice  to  be  given  to  the  claimant  or 
his  attorney  of  that  fact,  and  give  time  to  have  the  claim  itemized 
and  reverified;  provided,  that  the  verification  of  claims  may  be  dis- 
pensed with  as  provided  in  section  4076  of  this  code.  [Amendment 
approved  June  13,  1913;  Stats.  1913,  p.  835.] 

Presentation  of  account.  Form  of  demand.  Approval.  To  constitute 
warrant.  Supervisors  may  adopt  other  forms. 
§  4076.  No  account  shall  be  passed  upon  by  the  board,  unless  made 
out  as  prescribed  in  this  and  the  preceding  section  and  filed  with  the 
clerk  three  days  prior  to  the  time  of  the  meeting  of  the  board  at  which 
it  is  asked  to  be  allowed.  Such  demand  shall  be  made  out  in  form  sub- 
stantially  as   follows: 

Clerk's  Memoranda,  No.  • Fund. 

Demand  of  ,  dated  ,  in  sum  of  $ ,  for  .     Allowed  by 

the  board  of  supervisors  19 — ,  in  sum  of  $ .     Attest: , 

Clerk  of  Board. 

Demand  of  . 

No.  ,  .     Fund  .     Demand   on  the  treasury  of  the   county 

of  ,  state  of  California,  for  the  sum  of  dollars,  being  for • 


Date. 

Items. 

Dollars. 

Cents. 

$ 

Expenditures  authorized  and  approved  by  me. 

rtatc  of  California,    7.^ 
County  of  .  | 

The  undersigned,  being  duly  sworn,  says:  That  the  above  claim  and 
the  items  as  therein  set  out  are  true  and  correct;  that  no  part  thereof 
has  been  heretofore  paid,  and  that  the  amount  therein  is  justly  due 
this  claimant,  and  that  the  same  is  presented  within  one  year  after 
the  last  item  thereof  has  accrued. 

Subscribed  and  sworn  to  before  me  this  day  of  . 


County  Clerk. 


§  4076  POLITICAL   CODE,  590 

Allowed  by  board  of  supervisors,  ,  19 — ,  in  sum  of  $ ,  paj-able 

out  of fund. 

Attest:   Clerk  of  Board  of  Supervisors. 
Countersigned: ,  Chairman  Board  of  Supervisors. 


Warrant  No. 

Approved  ,  19 — . 

No.  .     Registered  ,  19 — , 


-,  County  Auditor. 


,  County  Treasurer. 

Said  demand  shall  be  approved  before  filing  by  the  officer  who 
directed  such  expenditure.  If  said  demand  be  allowed  by  the  board, 
the  clerk  of  the  board  shall  detach  and  file  the  memorandum,  and 
shall  indorse  on  such  demand  "Allowed  by  the  board  of  supervisors," 
together  with  the  date  of  such  allowance,  the  amount  of  such  allow- 
ance, and  frojn  what  fund;  shall  attest  the  same  with  his  signature, 
and,  when  countersigned  by  the  chairman,  shall  transmit  the  same 
to  the  auditor,  who  shall,  in  case  he  allows  said  demand,  indorse  upon 
it  "A])provc(l,"  date  and  number  of  the  warrant,  and  shall,  in  attesta- 
tion thereof,  affix  his  signature  thereto  and  deliver  the  same  to  the 
claimant;  and  said  demand,  when  so  allowed  and  signed  by  tlie  auditor, 
shall  constitute  the  warrant  on  the  treasury,  within  the  meaning  of  this 
chapter;  provided,  however,  that  whenever  a  county  causes  its  accounts 
to  be  reorganized  in  a  manner  which  will  enable  said  county  to  deter- 
mine by  its  accounts  the  correctness  of  claims  presented  for  payment, 
the  board  of  supervisors  of  said  county  may  modify  the  form  herein- 
above prescribed  for  the  submission  of  claims  by  eliminating  therefrom 
the  affidavit  of  claimant  and  may  dispense  with  the  necessity  of  such 
or  any  affidavit;  provided,  further,  that  the  board  of  supervisors  of  any 
county  may  in  their  discretion  adopt  such  other  form  or  forms  for  the 
submission  and  payment  of  claims  and  may  prescribe  such  other  pro- 
cedure for  the  allowance  and  payment  of  claims  as  may  better  meet  the 
needs  of  the  particular  county,  but  in  such  form  of  claim  so  adopted 
ehLll  provide, 

First — for  the  approval  of  the  officer  directing  the  expenditure. 

Second — for  the  ajiproval  of  tlio  purchasing  aj^ent  or  other  oflicer  issu- 
ing purchase  orders,  or  having  charge  of  contracts^r  schedules  of  salaries 
under  whii-h   claims  may   arise. 

Third — for  the  certificate  of  the  auditor  and  the  board  of  supervisors 
or  of  the  county  auditor  as  to  the  correctness  of  the  computations. 

Fourth — for  the  approval  of  at  least  one  member  of  the  board  of  super- 
visors. 

Fifth — for  the  certificate  of  a  clerk  of  the  board  of  supervisors  as  to 
the  date  and  amount  of  allowance  of  such  claim  by  the  board. 

Sixth — for  the  countv  auditor's  certificate  approval.  [Amendment  ap- 
proved .June   13,  1913;'Stats.   1913,  p.  836.] 

Also   .nmended  May   1,    1911    (St-its.   1911,  p.    1395). 
Citations.      App.   14/456,  460. 


591  POLITICAL  CODE.  §§40851/2-4093 

Innavigable  streams  may  be  declared  highways  for  fishing. 

§  4085V2-  On  the  application  of  any  individual,  association  or  corpora- 
tion interested,  the  board  of  supervisors  of  any  county  in  this  state  may, 
by  ordinance,  declare  all  or  any  portion  of  any  slough,  river  or  stream 
which  does  not  lie  within  or  run  through  cultivated  land  lying  within 
the  county  which  is  stocked  or  supplied,  in  whole  or  in  part,  with  fish, 
by  the  state  or  counties  and  which  has  not  been  declared  by  law  to  be 
navigable,  and  wliich  in  fact  is  not  navigable  for  commercial  purposes, 
to  be  a  public  highway  for  the  purpose  of  fishing  in  said  slough,  river  or 
stream,  and  the  same  shall  thereupon  become  and  be  a  public  highway 
for  such  purpose,  subject  only  to  the  reservations  hereinafter  contained. 
In  case  any  owner  of  land  adjacent  to  or  across  which  such  slough,  river 
or  stream  flows  does  not  consent  to  the  use  of  the  slough,  river  or  stream 
for  such  purpose  with  the  right  to  pass  along  the  banks  for  the  purpose 
of  fishing  and  grant  the  same  to  the  county  by  suitable  instrument  in 
writing,  on  aii]ilifation,  the  board  of  supervisors  may  contract  for  and 
purchase  any  or  all  such  rights;  or  if  the  same  cannot  be  purchased  at 
a  satisfactory  price,  may  authorize  proceedings  to  be  commenced  to  pro- 
cure the  same  in  the  manner  directed  by  title  7,  part  3,  of  the  Code 
of  Civil  Procedure.  [New  section  ajtproved  May  1,  1911;  Stats.  1911, 
p.  1389.] 

§  4088. 

Citations.      App.   12/432;    14/93. 

Signature  to  county  bonds. 

§  4088a.  In  ease  any  officer  whose  signature  or  counter-signature  or 
attestation  appears  on  any  county  bonds  or  coupons  thereof,  issued  under 
the  provisions  of  section  4088,  shall  cease  to  be  such  officer  before  the 
delivery  of  such  bonds  to  the  purchaser  thereof,  such  signature  or  counter- 
signature or  attestation  appearing  either  on  the  bonds  or  the  coupons, 
or  on  both,  shall  nevertheless  be  valid  and  sufficient  for  all  purposes  the 
same  as  if  such  officer  had  remained  in  office  until  the  delivery  of  such 
bonds;  and  the  signature  upon  the  coupons  of  the  person  who  is  auditor 
at  the  date  of  such  bonds,  shall  be  valid  although  the  bonds  themselves 
may  be  attested  by  a  different  person  who  is  auditor  at  the  time  of  de- 
livery of  such  bonds.  [New  section  approved  January  30,  1911;  Stats. 
1911,  p.  3.] 

Settlement  with  debtors  of  county. 

§  4093.  The  auditor  must  examine  and  settle  the  accounts  of  all  per- 
sons indebted  to  the  count}',  or  holding  nionej's  payable  into  the  county 
treasury,  and  must  certify  the  amount  to  the  treasurer,  and  upon  the 
presentation  and  filing  of  the  treasurer's  receipt  therefor,  give  to  such 
persons  a  discharge,  and  charge  the  treasurer  w'ith  the  amount  received 
by  him,  provided,  that  all  persons,  or  officers,  indebted  to  the  county  or 
holding  moneys  payable  into  the  county  treasury,  must  make  oath,  before 


g§  4097^101  POLITICAL   CODE.  592 

the  auditor,  of  the  total  amount  of  money  payable  by  him  to  the  county 
or  into  the  count}'  treasury,  and  on  what  account.  Moneys  payable  into 
the  county  treasury,  as  the  term  is  used  in  this  section,  shall  include 
moneys  belonging  to  estates  of  deceased  persons  and  required  by  law  to 
be  paid  to  the  county  treasurer,  taxes  on  inheritances  and  transfers,  all 
moneys  deposited  by  order  of  court,  and  all  other  moneys  deposited  with 
such  treasurer  by  virtue  of  anv  offiiial  authority  whatever.  [.Amend- 
ment approved  April  6,  1911;  Stats.  1911,  p.  686."] 
Citations.     App.   19/712. 

Monthly  count  of  money  in  county  treasury. 

§  4097.  The  chairman  of  tlie  board  of  supervisors,  district  attorney, 
and  auditor  must,  at  least  once  in  each  month,  count  the  money  in  the 
county  treasury,  and  make  and  verify,  in  duplicate,  statements  showing: 

1.  The  amount  of  county  money  and  the  amount  of  the  receipts  for 
bank  deposits  that  ought  to  be  in  the  treasury. 

2.  The  amount  of  money  not  the  property  of  the  county  which  has  been 
paid  into  the  treasury  or  ordered  deposited  with  the  treasurer,  and  which 
ought  to  be   in   the  custody   of  the  treasurer   at   such   time. 

3.  The  amount  and  kind  of  money  and  the  amount  of  bank  receipts 
for  deposits  which  are  actually  in  the  treasury. 

4.  The  amount  of  money  other  tlian  county  moneys  actually  in  the 
treasurv,  or  on  deposit  in  the  hands  of  the  treasurer.  [.Vmendment  ap- 
proved"^Apri]  24,  1911;  Stats.  1911,  p.  109.3.J 

Duties  of  treasurer. 

§  4101.     The  treasurer  must: 

1.  Keceive  all  moneys  belonging  to  the  county,  and  all  other  moneys 
bj'  law  directed  to  be  paiil  to  him.  safely  keep  the  same  and  apply  and 
pay  them  out,  rendering  the  account  thereof  as  required  by  law. 

2.  File  and  keep  the  certificates  of  the  auditor  delivered  to  him  when 
moneys  are   paid  into  the  treasury. 

3.  Keep  an  account  of  the  receipt  and  expenditure  of  all  such  moneys, 
in  books  provided  for  the  purpose,  in  which  must  be  entered  the  amount, 
the  time  when,  from  wliom,  and  on  what  account,  all  moneys  were  re- 
ceived by  him;  the  amount,  time  when,  to  whom,  and  on  what  account 
all  disbursenients  were  made  by  him. 

4.  So  keep  his  books  that  the  amount  received  and  paid  out  on  account 
of  separate  funds  or  specific  appropriations  are  exhibited  in  separate  and 
distinct  accounts,  and  the  whole  receipts  and  expenditures  shown  in  ono 
general   or   cash   account. 

5.  Enter  no  moneys  received  for  the  current  year  on  his  account  with 
the  county  for  the  past  fiscal  year,  until  aftor  his  annual  settlement  for 
the  past  year  has  been  made  with  the  county  auditor. 

6.  Disburse  the  count}'  moneys  and  all  other  moneys  placed  in  his  cus- 
tody by  official  authority  only  on  warrants  issued  by  the  county  auditor. 

7.  Disburse  the  moneys  in  tlie  treasvry  on  such  warrants  only  when 
they  are  based  on  orders  of  the  board  of  supervisors,  or  upon  order  of  the 


593  POLITICAL  CODE.  §§  4101  a-4135b 

superior  court,  or  as  otherwise  provided  by  law.     [Amendment  approved 
April  24,  1911;  Stats.  1911,  p.  109.1.] 

Citations.      App.   19/712;    (subds.    7,    8)    19/712. 

County  officers  may  pay  money  to  treasurer  daily. 

§  4101a.  The  assessor,  the  tax  collector,  the  clerk,  the  recorder  and 
any  other  officer  required  to  pay  into  the  county  treasury  taxes,  fees  o'' 
other  money  collected  by  him,  may  pay  such  money  to  the  treasurer  daily 
without  making  an  account  of  the  sources  from  which  the  same  was  col- 
lected, and  the  treasurer  and  auditor  shall  credit  such  officer  Avith  the 
amount  so  paid  in  without  apj)ortioning  the  same  to  any  specific  fund, 
bach  officer  shall,  notwithstanding  such  payment,  make  regular  settle- 
ments and  accounts  of  his  collections  monthly  or  otherwise,  as  may  be 
required  by  law,  and  upon  such  settlements  shall  be  credited  with  all 
amounts  so  paid  to  the  treasurer  and  not  included  in  his  previous  settle- 
ments, as  so  much  cash.  [New  section  approved  April  10,  191  Ij  Stats. 
1911,  p.  840.] 

Auditor's  certificate  required. 

§  4102.     He  must  receive  no  money  into  the  treasury,  or  for  deposit 
with    him    as    treasurer,    unless    accompanied    by    the    certificate    of    the 
auditor,  provided  for  in  section  4093.     [Amendment  approved  April  24, 
1911;  Stats.  1911,  p.  1096.] 
Citations.     App.  19/712. 

§  4126. 

Citations.     App.   10/138. 

Indexing  deeds,  etc.,  once  recorded. 

§  4135b.  Whenever  any  instrument  has  been  filed  for  record  with  the 
county  recorder  of  any  county  in  the  state  of  California,  as  a  deed,  deed 
of  trust,  mortgage  or  chattel  mortgage,  or  copied  into  any  book  of  deeds, 
deeds  of  trust,  mortgages  or  chattel  mortgages,  such  instrument  need  not 
be  again  filed  for  record  or  recorded  in  such  office  as  a  different  instru- 
ment from  that  so  filed  for  record  or  so  recorded,  but  such  recorder  must 
index  such  instrument  in  any  of  the  indices  kept  in  his  office  upon  the 
request  of  the  person  recording  such  instrument  and  the  payment  to  him 
of  his  legal  fees  for  such  indexing.  Such  instrument  from  the  date  of 
such  indexing,  imports  notice  of  its  contents  to  all  persons;  and  subse- 
quent purchasers,  mortgagees,  lienholders  and  encumbrancers  purchase 
and  take  with  like  notice  and  effect  as  if  such  instrument  had  been 
copied  or  recorded  in  the  proper  book  of  records  corresponding  with  such 
indices  where  so  indexed,  notwithstanding  such  instrument  has  been  but 
once  recorded  or  copied  in  the  records  of  such  office.  [New  section  ap- 
proved March  15,  1911;  Stats.  1911,  p.  367.] 
38 


§§  4144-4149d  political  code,  59-4 

Cost  of  burial  of  bodies  over  which  coroner  has  held  inquest  may  be  met 
by  sale  of  personal  property. 

§  4144.  Wheu  an  iriqvie-t  is  held  by  the  coroner,  and  no  other  person 
takes  charge  of  the  body  of  deceased,  he  must  cause  it  to  be  decently 
interred;  and  he  may,  in  order  to  decently  inter  the  body  of  the  de- 
ceased, apply  to  a  judge  of  the  superior  court  of  his  county  for  an  order 
permitting  the  coroner  to  summarily  sell  any  personal  property  belonging 
to  the  deceased,  and  to  withdraw  any  money  that  the  deceased  may  have 
on  deposit  wilh  any  bank  and  to  collect  any  indebtedness  or  claim  that 
may  be  owing  or  due  the  deceased.  If  upon  such  application  it  appears 
to  the  court,  by  competent  evidence,  that  the  total  value  of  the  estate 
of  the  deceased  is  less  than  seventy-five  dollars  the  judge  shall  make  an 
order  granting  the  application;  and  there  shall  be  no  administration  upon 
tlie  estate  of  the  deceased  unless  additional  estate  be  found  or  discovered. 
No  notice  of  the  application  need  be  given  and  no  fee  shall  be  charged 
by  the  clerk  of  the  court  or  coroner  for  the  filing  of  said  application,  or 
for  any  duty  or  service  of  the  clerk  or  coroner  connected  therewith. 
Upon  the  sale  of  the  personal  property  of  the  deceased  or  the  collection 
of  any  money,  claim  or  indebtedness  by  the  coroner,  he  shall  use  the  same 
for  exjtenses  of  the  funeral  of  the  deceased. 

Tiie  coroner  shall  file  with  the  clerk  of  the  court  a  statement  showing 
the  property  of  the  deceased  that  came  into  his  hands,  the  amount  re- 
ceived from  the  sale  of  any  personal  property  and  the  disposition  of  the 
property  of  the  deceased,  and  shall  file  with  the  clerk  vouchers  showing 
what  disposition  was  made  of  the  pro])erty;  if  there  is  not  suflicient  prop- 
erty belonging  to  the  estate  of  the  deceased  to  pay  the  necessary  ex- 
penses of  the  burial,  the  expenses  are  a  legal  charge  against  the  county. 
[Amendment  approved  April  27,  1911;  Stats.  1911,  p.  1163. J 

§  4149b. 

Citations.      Gal.   161/C45,    647. 

Salary  of  fish  and  game  wardens.     Expenses. 

§  4149d.  The  salary  and  couqiensatiou  of  the  fish  and  game  warden 
shall  be  as  follows:  For  counties  of  the  first  class  one  hundred  and 
twenty-five  dollars  per  montli;  for  counties  of  the  second  and  third 
classes,  one  hundred  dollars  per  month;  for  counties  of  the  fourth  and 
sixth  classes,  seventy-five  dollars  per  month;  for  counties  of  the  fifth, 
seventh,  eighth  and  ninth  classes,  sixty  dollars  per  month;  for  counties  of 
the  tenth  class,  seventy-five  dollars  per  month;  and  for  counties  of  all 
other  classes,  from  the  eleventh  to  the  fifty-eighth,  inclusive,  fifty  dollars 
per  month.  In  addition  thereto,  sai<l  warden  shall  be  allowed  a  sum  not 
to  exceed  twenty-five  dollars  per  month  for  expenses  incurred  by  him  in 
the  performance  of  his  duties.  Said  salary  and  expenses  incurred  must 
be  paid  monthlv  from  the  countv  treasury.  [Amendment  approved  Feb- 
ruary 28,  1911;"  Stats.  1911,  p,  102.] 
Citations.     Cal.   161/645. 


595  POLITICAL  CODE.  §  4149e 

Registrar  of  voters  to  be  appointed  in  each  county. 

§  4149e.  The  board  of  s-iipeivisors  of  each  comity  shall  appoint  a 
registrar  of  voters  who  shall  serve  until  12  o'clock  M.  of  the  first  Monday 
after  the  first  day  of  .January,  191.5,  and  on  the  first  Monday  after  the 
first  day  of  January,  191.5,  and  every  four  years  thereafter,  the  board  of 
supervisors  of  each  county  shall  appoint  a  registrar  of  voters  who  shall 
receive  the  compensation  provided  by  law  and  shall  serve  for  the  period 
of  four  years.  Such  registrar  of  voters  shall,  before  entering  upon  the 
discharge  of  his  duties,  take  the  oath  of  office  prescribed  by  law  for 
count}'^  officers,  and  execute  a  bond  in  such  sum  as  may  be  required  by  the 
board  of  supervisors  for  the  faithful  and  proper  discharge  of  his  duties 
as  such  registrar  of  voters,  said  bond  to  be  approved,  recorded  and  filed, 
as  provided  by  law  for  other  county  officers. 

Salaries,  deputies — Counties  of  first,  second,  third  classes. 

The  salary  of  the  registrar  in  counties  of  the  first  class  shall  be  twenty- 
four  ($24)  dollars  per  annum.  In  counties  of  the  second  class  the  reg- 
istrar shall  be  allowed  such  salaries  and  deputies  as  are  now  or  may 
hereafter  be  provided  by  law.  In  counties  of  the  third  class  the  registrar 
shall  be  allowed  such  salaries  and  deputies  as  are  now  or  may  hereafter 
be  provided  by  law. 

Fourth. 

The  salary  of  the  registrar  in  counties  of  the  fourth  class  shall  be 
twenty-four  ($24)  dollars  per  annum.  In  counties  of  the  fourth  class 
the  registrar  shall  be  allowed  two  deputies  to  serve  during  each  even 
numbered  year;  each  of  said  deputies  shall  receive  a  salary  of  one  hun- 
dred dollars  per  month  during  each  even  numbered  year. 

Fifth. 

The  salary  of  the  registrar  in  counties  of  the  fifth  class  shall  be 
twenty-four  ($24)  dollars  per  annum. 

Sixth. 

The  salary  of  the  registrar  in  counties  of  the  sixth  class  shall  be 
twentj'-four  ($24)  dollars  per  annum. 

Seventh. 

The  salary  of  the  registrar  in  counties  of  the  seventh  class  shall  be 
twenty-four  ($24)   dollars  per  annum. 

Eighth. 

The  salary  of  the  registrar  in  counties  of  the  eighth  class  shall  be 
twenty-four  ($24)   dollars  per  annum. 

Ninth. 

The  salary  of  the  registrar  in  counties  of  the  ninth  class  shall  be 
twenty-four  ($24)   dollars  per  annum. 


§  41496  POLITICAL  CODE.  596 

Tenth. 

The  salary  of  the  registrar  in  counties  of  the  tenth  class  ihall  be 
twenty-four  ($24)  dollars  per  annum;  and  in  addition  to  such  salary 
and  in  addition  to  the  deputies  now  provided  by  law  and  allowed  to  the 
official  charged  with  registration,  said  registrar  may  appoint  additional 
deputies,  not  to  exceed  two  in  numljer,  for  the  purpose  of  registering 
electors  and  attending  to  election  matters,  to  be  paid  not  to  exceed  four 
($4)  dollars  per  diem  each;  provided,  that  such  deputies  so  employed  and 
appointed  shall  not  be  employed  except  during  a  year  when  the  general 
election  is  held  throughout  the  state,  and  then  only  between  the  first  day 
of  January  and  the  fifteenth  day  of  November  of  said  year.  Each  of 
said  deputies  shall  be  paid  at  the  same  time  and  in.  the  same  manner  as 
county   officials   arc   paid. 

Eleventh. 

The  salary  of  the  registrar  in  counties  of  the  eleventh  class  shall  be 
twenty-four  ($24)  dollars  [>er  annum. 

Twelfth. 

The  salary  of  the  registrar  in  counties  of  the  twelfth  class  shall  be 
twentj'-four  ($24)  dollars  per  annum.  In  addition  to  such  salary  in 
counties  of  this  class,  the  registrar  shall  receive  from  the  county  the 
sum  of  twelve  and  one-half  cents  for  each  name  registered. 

Thirteenth. 

The  salary  of  the  registrar  in  counties  of  the  thirteenth  class  shall  be 
twenty-four  ($24)  dollars  per  annum;  provided,  further,  that  in  counties 
of  this  class  the  registrar  of  voters  is  hereby  allowed  one  deputy  whose 
salary  is  hereby   fixed  at  seventy-five   ($75)   dollars  per   month. 

Fourteenth. 

The  salary  of  the  registrar  in  counties  of  the  fourteenth  class  shall  be 
two  hundred   and   fifty   ($250)    dollars  per  annum. 

Fifteenth. 

Tiie  salary  of  the  registrar  in  counties  of  the  fifteenth  class  shall  be 
twenty-four  ($24)  dollars  per  annum;  provided,  that  in  counties  of  this 
class  the  registrar  of  voters  shall  be  allowed  one  deputy  whose  salary 
is  hereby  fixed  at  seventy-five  dollars   per  month. 

Sixteenth. 

The  salary  of  the  registrar  in  counties  of  the  sixteenth  class  shall  be 
one  hundred  ($100)  dollar3  per  annum;  provided,  further,  that  in  any 
year  that  the  compilation  pf  a  new  great  register  is  required  by  law  or 
supplements  to  be  made  thereto,  the  registrar  shall  receive  as  expenses 
for  compiling  such  great  register  and  making  supplements  thereto  the 
sum  of  five  cents  for  each  name  inserted  in  said  great  register  and  sup- 
plements thereto,  to  be  paid  upon  the  filing  and  presentation  «f  a  duly 


597  POLITICAL  CODE.  §  4149e 

verified  claim  therefor  by  the  registrar  of  voters  with  the  board  of 
supervisors  of  said  county;  and  provided,  further,  that  in.  any  year  when  a 
new  register  of  voters  is  required  by  law  or  supplements  to  be  made 
thereto,  the  said  registrar  may  appoint  such  number  of  registration 
deputies  as  may  be  necessary  for  the  registration  of  voters  in  their  re- 
spective precincts,  each  of  said  deputies  to  receive  the  sum  of  ten  cents 
per  name  for  eacli  elector  registered  by  him;  said  registration  deputies  to 
be  paid  for  their  services  on  the  presentation  and  filing  with  the  board 
of  supervisors  of  said  county  a  duly  verified  claim  therefor  on  the  general 
fund  of  said  count)'  after  proper  allowance  of  said  claim  by  said  board 
of   supervisors. 

Seventeenth. 

The  salary  of  the  registrar  in  counties  of  the  seventeenth  class  shall  be 
five  hundred  dollars  ($500)  per  annum  and  such  other  fees  as  are  now 
allowed  by  law  to  the  county  clerk  for  registration  of  voters. 

Eighteenth. 

The  salary  of  the  registrar  in  counties  of  the  eighteenth  class  shall  be 
twenty-four  ($24)   dollars  per  annum. 

Nineteenth. 

The  salary  of  the  registrar  in  counties  of  the  nineteenth  class  shall  be 
six  hundred    ($600)    dollars  per  annum. 

Twentieth. 

The  salary  of  the  registrar  in  counties  of  the  twentieth  class  shall  be 
twenty-four  ($24)   dollars  per  annum. 

Twenty-first. 

The  salary  of  the  registrar  in  counties  of  the  twenty-first  class  shall 
be  tweutj'-four  ($24)  dollars  per  annum;  provided,  that  in  counties  of 
this  class  the  registrar  of  voters  in  any  year  when  a  new  registration  of 
voters  is  required  by  law  he  shall  be  paid  the  sum  of  seven  cents  per 
name  for  each  elector  registered  by  him. 

Twenty-second. 

The  salary  of  the  registrar  in  counties  of  the  twenty-second  class  shall 
be  twenty-four  ($24)   dollars  per  annum. 

Twenty-third. 

The  salaryof  the  registrar  in  counties  of  the  twenty-third  class  shall  be 
twenty-four  ($24)  dollars  per  annum;  provided,  that  in  counties  of  this 
class  the  registrar  of  voters  is  hereby'  allowed  one  deputy  whose  salary 
shall  be  the  sum  of  seventy-five  dollars  per  month. 

Twenty-fourth. 

The  salarj'  of  the  registrar  in  counties  of  the  twenty-fourth  class  shall 
be  one  hundred  ($100)  dollars  per  annum;  provided,  further,  that  in  any 


§  4149e  POLITICAL  CODE.  598 

year  that  the  compilation  of  a  new  great  register  is  required  bv  law  or 
supplements  thereto,  the  registrar  shall  receive  as  expenses  for  compiling 
such  great  register  and  making  supplements  thereto  the  sum  of  fifteen 
cents  for  each  name  inserted  in  said  great  register  and  supplements 
thereto,  to  be  paid  by  the  board  of  supervisors  upon  the  filing  and  presen- 
tation of  a  duly  verified  claim  therefor  by  the  registrar  of  voters  with  the 
board  of  supervisors  of  said  county. 

Twenty-fifth. 

The  salary  of  the  registrar  in  counties  of  the  twenty-fifth  class  shall 
be  eight  hundred  and  forty  ($840)   dollars  per  annum. 

Twenty-sixth. 

The  salary  of  the  registrar  in  counties  of  the  twenty-sixth  class  shall 
be  seven  hundred  ($700)  dollars  per  annum. 

Twenty-seventh. 

Tho  salary  of  the  registrar  in  counties  of  the  twenty-seventh  class  shall 
be  two  hundred  and  fifty  ($250)  dollars  per  annum. 

Twenty-eighth. 

The  salary  of  the  registrar  in  counties  of  the  twenty-eighth  class  shall 
be  three  hundred  ($300)  dollars  per  annum. 

Twenty-ninth. 

The  salary  of  the  registrar  in  counties  of  the  twenty-ninth  class  shall 
be  three  hundred  ($300)  dollars  per  annum. 

Thirtieth. 

The  salary  of  the  registrar  in  counties  of  the  thirtieth  class  shall  be 
twenty-four  ($24)   dollars  per  annum. 

Thirty-first. 

The  salary  of  the  registrar  in  counties  of  the  thirty-first  class  shall  be 
twenty-four  ($24)  dollars  per  annum. 

Thirty-second. 

The  salary  of  the  registrar  in  counties  of  the  thirty-second  class  shall 
be  twenty-four  ($24)  dollars  per  annum;  in  counties  of  this  class  the 
registrar  shall  receive  and  he  is  hereby  allowed  in  addition  to  such  salary 
of  twenty-four  ($24)  dollars  per  annum  from  the  county,  the  sum  of 
twelve  and  a  half  cents  for  each  name  registered. 

Thirty-third. 

The  salary  of  the  registrar  in  counties  of  the  thirty-third  class  shall  be 
six  hundred   ($600)   dollars  per  annum. 

Thirty-fourth. 

The  salary  of  the  registrar  in  counties  of  the  thirty-fourth  class  shall 
be  twenty-four   ($24)    dollars   per  annum. 


599  POLITICAL  CODE.  §  4149e 

Thirty-fifth. 

The  salary  of  the  registrar  in  counties  of  the  thirty  fifth  class  shall  be 
twelve   hundred   ($1,200)   dollars  per  annum. 

Thirty-sixth, 

The  salary  of  the  registrar  in  counties  of  the  thirty-sixth  class  shall 
be  twenty-four  ($24)  dollars  per  annum. 

Thirty-seventh. 

The  salary  of  the  registrar  in  counties  of  the  thirty-seventh  class  shall 
be  twent.y-four  ($24)  dollars  per  annum.  In  addition  to  such  salary  in 
♦ounties  of  this  class  the  registrar  shall  receive  from  the  county  the  sum 
of  ten  cents  for  each  name  registered. 

Thirty-eighth. 

The  salary  of  the  registrar  in  counties  of  the  thirty-eighth  class  shall 
be  five  hundred  ($500)  dollars  per  annum. 

Thirty-ninth. 

The  salary  of  the  registrar  in  counties  of  the  thirty-ninth  class  shall 
be    twenty-four    ($24)    dollars    per    annum. 

Fortieth. 

The  salary  of  the  registrar  in  counties  of  the  fortieth  class  shall  be 
twenty-four  ($24)  dollars  per  annum;  provided,  further,  that  in  any  year 
when  a  new  registration  of  voters  is  required  by  law,  the  registrar  of 
voters  shall  be  paid  the  sum  of  ten  cents  (10c)  per  name  for  each  elector 
registered  by  him. 

Forty-first. 

The  salary  of  the  registrar  in  counties  of  the  forty-first  class  shall  be 
twenty-four  ($24)  dollars  per  annum;  provided,  further,  that  in  any 
year  when  a  new  registration  of  voters  is  required  by  law,  the  registrar 
of  voters  shall  be  paid  the  sum  of  ten  (10c)  cents  per  name  for  each 
elector  registered  by  him. 

Forty-second. 

The  salary  of  the  registrar  in  counties  of  the  forty-second  class  shall 
be  three  hundred  and  sixty  ($360)  dollars  per  annum. 

Forty-third. 

The  salary  of  the  registrar  in  counties  of  the  forty-third  class  shall 
be   twenty-four    ($24)    dollars   per   annum. 

Forty-fourth. 

The  salary  of  the  registrar  in  counties  of  the  forty-fourth  class  shall 
be  one  hundred  ($100)  dollars  per  annum;  provided,  further,  that  in  any 
year  that  the  compilation  of  a  new  great  register  is  required  by  law 
or   supplements   to   be   made   thereto,   the   registrar   shall   receive   as   ex- 


§  4149e  POLITICAL   CODE,  600 

penses  for  compiling  snch  great  register  and  making  supplements  thereto 
the  sum  of  fifteen  cents  for  each  name  inserted  in  said  great  register  ancl 
supplements  thereto,  to  be  paid  by  the  board  of  supervisors  out  of  the 
county  general  fund  upon  the  filing  and  presentation  of  a  duly  verified 
claim  therefor  by  the  registrar  of  voters  with  the  board  of  supervisors 
of  said  county. 

Forty-fifth. 

The  salary  of  the  registrar  in  counties  of  the  forty-fifth  class  shall  be 
twenty-four  ($24)  dollars  per  annum;  provided  further,  that  in  any 
year  when  a  new  registration  of  voters  is  required  by  law,  the  registrar 
of  voters  shall  be  paid  the  sum  of  ten  (10c)  cents  per  name  for  each 
elector  registered  by  him. 

Forty-sixtli. 

The  salary  of  the  registrar  in  counties  of  the  forty-sixth  class  shall 
be  one  hundred  ($100)  dollars  per  annum:  provided,  further,  that  in  any 
year  that  the  compilation  of  a  new  groat  register  is  required  by  law 
or  supplements  to  be  made  thereto,  the  registrar  shall  receive  as  expenses 
for  compiling  such  great  register  and  making  supplements  thereto  the 
sum  of  fifteen  cents  for  each  name  inserted  in  said  great  register  and 
supplements  thereto,  to  be  paid  by  the  board  of  supervisors  out  of  the 
county  general  fund  upon  the  filing  and  presentation  of  a  duly  verified 
claim  therefor  by  the  registrar  of  voters  with  the  board  of  supervisors 
of  said  county. 

Forty-seventh. 

The  s;il;iry  of  the  registrar  in  counties  of  the  forty-seventh  class  shall 
be  twenty-four  ($24)   dollars  per  annum. 

Forty-eighth. 

The  salary  of  the  registrar  in  counties  of  the  forty-eighth  class  shall 
be  four  hundred  ($400)  dollars  per  annum. 

Forty-ninth. 

The  salary  of  the  registrar  in  counties  of  the  forty-ninth  class  shall 
be  one  hundred  ($100)  dollars  per  annum. 

Fiftieth. 

Tlie  salary  of  the  registrar  in  counties  of  the  fiftieth  class  shall  ba 
one  hundred  ($100)  dollars  per  annum;  provided,  further,  that  in  any 
year  that  the  compilation  of  a  new  great  register  is  required  by  law 
or  supplements  to  be  made  thereto,  the  registrar  shall  receive  as  ex- 
])enses  for  compiling  such  great  register  and  making  supplements  thereto 
the  sum  of  fifteen  cents  for  each  name  inserted  in  said  great  register  and 
supplements  thereto,  to  be  paid  by  the  board  of  supervisors  out  of  the 
county  general  fund  upon  the  filing  and  presentation  of  a  duly  verified 
claim  therefor  by  the  registrar  of  voters  with  the  board  of  supervisors 
of  said  county. 


601  POLITICAL  CODE.  §  4149e 

Fifty-first. 

The  salary  of  the  registrar  in  counties  of  the  iifty-first  class  shall  be 
twenty-four  ($24)  dollars  per  annum. 

Fifty-second. 

The  salary  of  the  registrar  in  counties  of  the  fifty-second  class  shall 
be  seventy-five  ($75)  dollars  per  annum. 

Fifty-third. 

The  salary  of  the  registrar  in  counties  of  the  fifty-third  class  shall  be 
twenty-four  ($24)  dollars  per  annum. 

Fifty-fourth. 

The  salary  of  the  registrar  in  counties  of  the  fifty-fourth  class  shall 
be  twenty-four  ($24)  dollars  per  annum. 

Fifty-fifth. 

The  salary  of  the  registrar  in  counties  of  the  fifty-fifth  class  shall  be 
twenty-four  ($24)  dollars  per  annum. 

Fifty-sixth. 

The  salary  of  the  registrar  in  counties  of  the  fifty-sixth  class  shall  be 
twenty-four  ($24)  dollars  per  annum. 

Fifty-seventh. 

The  salary  of  the  registrar  in  counties  of  the  fifty-seventh  class  shall 
be  twenty-four  ($24)  dollar?  per  annum;  provided,  further,  that  in  any 
year  when  a  new  registration  of  voters  is  required  by  law,  the  registrar 
of  voters  shall  be  paid  the  sum  of  ten  (10c)  cents  per  name  for  each 
elector  registered  by  him. 

Fifty-eighth. 

The  salary  of  the  registrar  in  counties  of  the  fifty-eighth  class  shall 
be  twenty-four  ($24)  dollars  per  annum;  provided,  further,  that  in  any 
year  when  a  new  registration  of  voters  is  required  by  law,  the  registrar 
of  voters  shall  be  paid  the  sum  of  ten  cents  (10c)  per  name  for  each 
elector  registered  by  him.  The  compensation  of  all  deputies  in  this 
section  provided  for  shall  be  paid  by  the  said  county  in  equal  monthly 
installments,  at  the  same  time,  in  the  same  manner,  and  out  of  the  same 
fund  as  the  Salary  of  the  registrar  is  paid;  and  provided,  further,  that 
where  the  registrar  is  allowed  fees  the  same  shall  be  allowed  on  claims 
duly  verified,  presented  and  allowed  by  the  board  of  supervisors. 

Registrar  to  succeed  to  certain  allowance. 

In  addition  to  the  salaries  in  this  section  provided  where  in  any  case 
the  county  clerk  is  now  allowed  fees  or  compensation  or  deputies  or 
assistants  for  the  registration  -of  voters,  or  in  the  administration  of  laws 
relating  to  elections,  such  fees,  compensation,  deputies  and  assistants 
shall  continue  to  be  received  or  employed  by  the  registrar  of  voters,  and 


§§  4149f-^172  POLITICAL   CODE.  602 

the  right  of  the  county  clerk  in  such  case  to  receive  or  employ  the  same 
shall  thereupon  cease,  except  where  otherwise  provided  by  law.  [New 
section  approved  January  10,  1912;  Stats.  Ex.  Sess.  1911,  p'.  200.] 

Registrar  to  succeed  to  certain  powers. 

§  4149f.  All  the  powers  now  or  hereafter  conferred  and  the  duties 
now  or  hereafter  imposed  by  law  upon  county  clerks  in  relation  to  the 
conduct,  management  and  control  of  the  registration  of  voters  and  in 
relation  to  elections,  shall  be  exercised  and  performed  exclusively  by  such 
registrar  of  voters  unless  otherwise  provided  by  law;  and  all  certificates 
of  nomination,  nomination  papers  or  election  papers  required  by  law  to 
be  filed  with,  or  presented  to,  the  county  clerk  shall  be  filed  with,  or 
presented  to,  the  registrar  of  voters,  and  the  deputies  or  clerks  in  the 
oflSce  of  the  registrar  of  voters,  acting  under  the  orders  of  the  registrar 
of  voters,  or  the  election  commission,  shall  have  all  the  powers  hereto- 
fore exercised  by  the  deputies  of  the  county  clerk  in  matters  relating 
to  registration  and  elections;  provided,  however,  that  until  the  actual 
exercise  of  the  duties  of  the  office  of  registrar,  under  appointment  or 
consolidation,  the  county  clerk  shall  continue  to  perform  the  duties  now 
imjioscd  on  him  by  law  with  reference  to  registration  and  election.  [New 
section  approved  January  10,  1912;  Stats.  Ex.  Sess.  1911,  p.  203.] 

District  attorneys  in  coiinties  of  first  class. 

§  4156b.  District  attorneys  in  counties  of  the  first  class  shall  devote 
their  entire  time  and  attention  to  the  performance  of  the  duties  of  their 
otlices.     [New  section  approved  April  27,  1911;  Stats.  1911,  p.   1199.] 

There  was  also  another  §  415Cb  adopted  at  the  same  session,  as  follows: 

District  attorney  not  to  defend. 

§  4156b.  No  district  attorney  of  any  county,  or  city  and  county  of  the 
state  of  California,  shall,  during  his  incumbency,  defend  or  assist  in  the 
defense  of,  or  act  as  counsel  for,  any  person  or  persons,  association  or 
corporation,  accused  of  any  crime  in  any  county  or  city  and  county  in  the 
state  of  California.  [New  section  approved  March  21,  1911;  Stats.  1911, 
p.  427.] 

There  was  another  §  4156b  adopted  >t  the  same   sessioa.      See  ante. 

§  4157. 

Citations.     Cal.   157/423. 

§  4162. 

Citations.      App.   16/748. 

§  4171. 

CiUtions.     Cal.   157/415. 

§  4172. 

Citations.      Cal.  163/14.      App.   9/543. 


603  POLITICAL  CODE.  §§4173-4230 

§  4173. 

citations.      App.   9/548. 

§  4176. 

Citations.      App.    (subd.   1)    8/752;    (subd.  2)    8/752;    (subd.   3)    8/752, 

§  4178. 

Citations.      Cal.   155/196. 

Duties  of  constables. 

§  4187.  Constables  must  attend  the  courts  of  .iustices  of  the  peace 
within  their  township  whenever  so  required,  and  within  their  counties  ex- 
ecute, serve  and  return  all  writs,  processes  and  notices  directed  or  de- 
livered to  them  by  justices  of  the  peace  of  such  county  or  by  competent 
authority.  Constables  shall  charge  and  collect  for  their  services  such 
fees  as  are  now  or  may  hereafter  be  allowed  by  law;  provided,  that  when- 
ever a  pound  district  has  been  created  under  the  laws  of  the  state  of 
California  hj  the  board  of  supervisors  of  any  county,  and  no  pound- 
master  has  been  appointed  for  such  district,  or  when  appointed  has  not 
qualified  as  such,  the  constable  shall  perform  the  duties  of  the  pound- 
master  in  districts  in  the  township  for  which  he  has  been  elected,  and 
shall  collect  for  his  services  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law  to  poundmasters.  [Amended  June  16,  1913  j  Stats.  1913, 
p.  1103.] 

Duties  of  constables. 

§  4189.  All  writs,  notices  or  other  proct»ss  issued  by  justices  or 
justices'  courts  in  civil  actions  or  proceedings,  if  served  within  the  town- 
ship where  issued,  must  not  be  served  by  any  constable  other  than  the 
duly  elected,  qualified  and  acting  constable  or  constables  of  said  town- 
ship.    [New  section  approved  February  27,  1911;   Stats.   1911,  p.  86.] 


§  4191. 

Citations. 

Cal. 

155/545. 

§  4192. 

Citations. 

Cal. 

155/545 

§  4204. 

Citations. 

App. 

8/694. 

§  4214. 

Citations. 

App. 

15/582. 

§  4220. 

Citations. 

App. 

15/582. 

Counties,  first  class — Los  Angeles.     Salaries  of  officers. 

§  4230.  In  counties  of  the  first  class  the  county  and  township  officers 
shall  receive  as  compensation  for  the  services  required  of  them  by  law 
or  by  virtue  of  their  office  the  following  salaries,  to  wit: 


§  4230  POLITICAL   CODE.  604 

County  clerk. 

1.  The  county  cleric,  three  thousand  six  hundred  dollars  per  annuna; 
provided,  that  in  counties  of  this  class  there  shall  be  and  there  hereby 
is  allowed  to  the  county  clerk  the  following  clerks,  deputies  and  em- 
ployees who  shall  be  appointed  by  the  county  clerk,  and  shall  be  paid 
salaries  as  follows:  One  chief  deputy  at  a  salary  of  one  hundred  and 
seventy-five  dollars  per  month;  one  deputy  who  shall  be  cashier  and 
bookkeeper  at  a  salary  of  one  hundied  and  fifty  dollars  per  month;  one 
deputy  who  shall  be  in  charge  of  the  probate  department  at  a  salary  of 
one  hundred  and  fifty  dollars  per  month;  one  deputy  who  shall  be  in 
charge  of  the  registration  department  at  a  salary  of  one  hundred  and 
fifty  dollars  per  month;  one  deputy  who  shall  be  an  assistant  to  the 
registration  clerk  at  a  salary  of  one  hundred  and  fifty  dollars  per  mouth; 
one  deputy  who  shall  be  an  assistant  to  the  registration  clerk  at  a  salary 
of  one  hundred  and  twenty-five  dollars  per  mouth;  one  deputy  who  shall 
be  an  assistant  to  the  registration  clerk  at  a  salary  of  one  hundred  and 
ten  dollars  per  month;  one  dej»uty  who  shall  be  clerk  of  the  board  of 
supervisors,  at  a  salary  of  one  hundred  and  fifty  dollars  per  month; 
fourteen  deputies  who  shall  be  courtroom  clerks  at  salaries  of  one  hun- 
dred and  twenty-five  dollars  each  per  month;  one  deputy  who  shall  be 
judgment  clerk  at  a  salary  of  one  hundred  and  fifty  dollars  per  month; 
one  deputy  who  sliall  be  an  assistant  judgment  clerk  at  a  salary  of  one 
hundred  and  twenty-five  dollars  per  month;  one  deputy  who  shall  be 
assistant  judgment  clerk  at  a  salary  of  ninety  dollars  per  month;  one 
deputy  who  sliall  be  a  file  clerk  at  a  salary  of  one  hundred  and  ten 
dollars  per  month;  one  deputy  who  shall  be  an  index  clerk  at  a  salary 
of  one  hundred  and  ten  dollars  per  mouth;  one  deputy  who  shall  be  in 
charge  of  the  criminal  records  at  a  salary  of  one  hundred  and  ten  dol- 
lars per  mouth;  one  deputy  who  sliall  be  recording  minute  clerk  for 
probate  orders  at  a  salary  of  one  hundred  and  fifty  dollars  per  month; 
one  deputy  who  shall  be  a  recording  clerk  for  probate  orders  at  a  salary 
of  one  hundred  and  fifteen  dollars  per  month;  one  deputy  who  shall  he 
an  assistant  clerk  of  the  board  of  supervisors  at  a  salary  of  one  hundred 
and  ten  dollars  per  month;  one  deputy  who  shall  be  a  stenographer  at 
a  salary  of  one  huiHlrod  dollars  per  mouth;  one  deputy  who  shall  be  a 
stenographer  for  the  board  of  supervisors  at  a  salary  of  one  hundred 
dollars  per  month;  two  deputies  who  shall  be  miscellaneous  department 
clerks  at  a  salary  of  one  hundred  and  twenty  five  dollars  eacU  per 
month;  seven  deputies  at  a  salary-  of  one  hundred  dollars  each  per 
month;  one  deputy  at  a  salary  of  ninety  dollars  per  month;  four  copy- 
ists at  a  salary  of  seventy-five  dollars  each  per  month;  one  deputy 
who  shall  be  a  filing  clerk  at  a  salary  of  seventy-five  dollars  per  month; 
one  telephone  operator  at  a  salary  of  seventy-five  dollars  per  month; 
one  messenger  at  a  salary  of  sixty  dollars  jier  month;  one  deputy  at 
a  salary  of  twenty-five  dollars  per  month;  twelve  deputies  for  a  jieriod 
not  to  exceed  one  mouth  in  any  one  year  at  a  salary  of  eighty  dollars 
per  month  each;   provided,  further,  that   in  such   years  as   the  compila- 


605  POLITIOAL    CODE.  §  4230 

tion  of  the  great  register  of  voters  is  required  by  law  to  be  made,  the 
county  clerk  in  counties  of  this  class  shall  be  and  he  is  hereby  allowed 
one  hundred  and  fifty  deputies  for  a  period  not  to  exceed  one  month 
each  in  any  such  year,  at  a  salary  of  ninety  dollars  per  month  each, 
and  also  for  any  such  year  two  additional  deputies  in  each  voting  pre- 
cinct in  the  county  for  the  purpose  of  registering  electors  in  such  pre- 
cincts, who  shall  be  paid  five  cents  per  name  for  each  elector  legally 
registered  by  them.  The  salaries  of  the  deputies,  clerks  and  employees 
herein -provided  for  shall  be  paid  by  said  county  in  monthly  install- 
ments, at  the  same  time,  and  in  the  same  manner  and  out  of  the  same 
fund  as  tlie  salary  of  the  county  clerk  is  paid. 

Sheriflf. 

2.  The  sheriff,  four  thousand  dollars  per  annum;  provided,  that  in 
counties  of  this  class  there  shall  be  and  there  hereby  is  allowed  to  the 
sheriff  an  under-sheriff  and  the  following  deputies,  stenographers,  and 
employees,  who  shall  be  appointed  by  the  sheriff  of  said  county  and 
shall  be  paid  salaries  as  follows,  to  wit:  One  under-sheriff,  at  a  salary 
of  two  hundred  dollars  per  month;  one  deputy,  who  shall  be  bookkeeper, 
at  a  salary  of  one  hundred  and  fifty  dollars  per  month;  two  deputies, 
who  shall  be  assistant  bookkeepers,  at  a  salary  of  one^  hundred  and  ten 
dollars  each  per  month;  one  deputy,  who  shall  be  the  return  clerk,  at 
a  salary  of  one  hundred  dollars  per  month;  one  deputy,  who  shall  be 
foreclosure  clerk,  at  a  salary  of  one  hundred  and  twenty-five  dollars 
per  month;  three  deputies  at  a  salary  of  one  hundred  and  thirty-five 
dollars  each  per  month;  one  cook  at  the  county  jail,  at  a  salary  of  sev- 
enty dollars  per  month;  thirty-nine  deputies  at  a  salary  of  one  hundred 
dollars  each  per  month;  six  deputies,  who  shall  be  turnkeys  at  the 
county  jail,  at  a  salary  of  one  hundred  dollars  each  per  month;  two 
deputies,  who  shall  be  bookkeepers  at  the  county  jail,  at  a  salary  of  one 
hundred  dollars  each  per  month;  one  deputy,  who  shall  be  head  jailer 
at  the  county  jail,  at  a  salary  of  one  hundred  and  twenty-five  dollars 
per  month;  two  matrons  of  the  county  jail  at  a  salary  of  seventy-five 
dollars  each  per  month;  two  stenographers  at  a  salary  of  seventy-five 
dollars  each  per  month;  one  deputy,  who  shall  be  a  chauffeur  and 
machinist  at  a  salary  of  one  hundred  and  twenty-five  dollars  per 
month.  The  salaries  of  the  under-sheriff,  matron,  cook,  and  all  deputies, 
stenographers  and  chauffeur  herein  provided  for  shall  be  paid  by  said 
county  in  monthly  installments  at  the  same  time,  in  the  same  manner, 
and  out  of  the  same  fund  that  the  salary  of  the  sheriff  is  paid.  The 
sheriff  shall  also  receive  the  amount  of  money  necessarily  expended  by 
him  in  serving  all  processes  and  notices,  and  the  same  shall  be  charged 
against  the  county  and  allowed  as  such  by  the  board  of  supervisors, 
and  paid  as  other  county  charges  are  paid.  In  case  of  sale  of  property 
on  foreclosure  of  mortgage  or  on  execution,  the  sheriff  shall  be  entitled 
to  receive  all  necessary  expenses  of  keeping  the  property  and  of  advertis- 
ing the  sale. 


§  4230  POLITICAL   CODE.  606 

Recorder. 

3.  The  recorder,  three  thousand  six  hundred  dollars  per  annum;  pro- 
vided, that  in  counties  of  this  ciass  there  shall  be  and  there  is  hereby 
allowed  the  recorder  the  following  deputies  and  copyists,  who  shall  be 
appointed  by  the  recorder  of  said  county,  and  who  shall  be  paid  sal- 
aries as  follows:  One  chief  deputj*  at  a  salary  of  one  hundred  and  sev- 
enty-five dollars  per  month;  one  deputy  at  a  salary  of  one  hundred  and 
fifty  dollars  per  month;  two  depmties  at  a  salary  of  one  hundred  and 
fifty  dollars  each  per  month;  seven  deputies  at  a  salary  of  one  hundred 
and  fifteen  dollars  each  per  month;  one  deputy  at  a  salary  of  one  hun- 
dred and  ten  dollars  per  month;  one  deputy  at  a  salary  of  one  hundred 
and  five  dollars  per  month;  twenty-six  deputies  at  a  salary  of  one  hun- 
dred dollars  each  per  month;  one  deputy  at  a  salary  of  seventy-five  dol- 
lars per  month;  and  as  many  copyists  as  may  be  required,  who  shall 
receive  as  compensation  for  their  services  the  sum  of  seven  cents  per 
folio,  for  recording  any  instrument  or  notice,  except  maps  or  plats; 
for  copies  of  any  paper  or  record,  seven  cents  per  folio.  The  sal;iries 
and  compensation  of  all  deputies  and  copyists  herein  provided  for  shall 
be  paid  by  the  county  in  monthly  installments,  at  the  same  time,  in 
the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the  county 
recorder  is  paid. 

Auditor. 

4.  The  auditor,  three  thousand  six  hundred  dollars  per  annum;  pro- 
vided, that  in  counties  of  this  class,  there  shall  be  and  there  hereby  is 
allowed  to  the  auditor  the  following  deputies,  clerks,  and  assistants, 
who  shall  be  appointed  by  the  auditor,  and  who  shall  be  paid  salaries 
as  follows:  One  chief  dejjuty  at  a  salary  of  one  hundred  and  seventy-five 
dollars  per  month;  one  dejiuty  who  shall  be  in  charge  of  the  redemption 
department  at  a  salary  of  one  hundred  and  thirty-five  dollars  per  mouth; 
two  deputies  at  a  salary  of  one  hundred  and  fifty  dollars  each  por  month 
who  shall  be  accountants  and  department  auditors;  one  deputy  in  the 
redeinptiou  department  at  a  salary  of  one  hundred  and  thirty  dollars 
per  month;  one  deputy  in  the  redemption  department  at  a  salary  of 
one  hundred  and  twenty-five  dollars  per  month;  one  deputy  in  the  re- 
demption department  at  a  salary  of  one  hundred  and  twenty  dollars 
per  month;  one  deputy  who  shall  be  chief  bookkeeper,  at  a  salary  of 
one  hundred  and  fifty  dollars  per  month;  one  deputy  who  shall  be  assist- 
ant bookkeeper  at  a  salary  of  one  hundred  and  thirty-five  dollars  per 
mouth;  one  deputy  who  shall  be  assistant  bookkeejier  at  a  salary  of  one 
hundred  and  twenty-five  dollars  per  month;  one  deputy  at  a  salary  of 
one  hundred  and  twenty-five  dollars  per  month;  two  deputies  at  a  salary 
of  one  hundred  and  ton  dollars  each  per  month;  one  deputy  at  a  salary 
of  one  hundred  dollars  per  month;  three  deputies  who  shall  be  assistant 
bookkeepers  at  a  salary  of  one  hundred  dollars  each  per  month;  one 
deputy  who  shall  be  a  filing  clerk  at  a  salary  of  seventy-five  dollars  per 
month;  one  hundred  and  ten  clerks  at  a  salary  of  four  dollars  per  day 
each  for  each  day  employed  for  a  period  not  to  exceed  thirty  days  in 


607  POLITICAL    CODE.  §  4230 

any  one  year;  and  such  additional  clerks  and  assistants  as  the  auditor 
may  require,  and  whose  compensation  in  the  aggregate  shall  not  exceed 
seventeen  hundred  and  fifty  dollars  in  any  one  year.  The  salaries  of 
the  deputies,  clerks  and  assistants  herein  provided  for  shall  be  paid  by 
said  county  in  monthly  installments,  at  the  same  time,  in  the  .same  man- 
ner, and  out  of  the  same  fund  as  the  salary  of  the  auditor  is  paid. 

Treasurer. 

5.  The  treasurer,  three  thousand  six  hundred  dollars  per  annum;  pro- 
vided, that  in  counties  of  this  class  there  shall  be  and  there  hereby  is 
allowed  to  the  treasurer,  the  following  deputies  who  shall  be  appointed 
by  the  treasurer,  and  who  shall  be  paid  salaries  as  follows:  One  chief 
deputy  at  a  salary  of  one  hundred  and  seventy-five  dollars  per  month; 
one  deputy  who  shall  be  cashier  at  a  salary  of  one  hundred  and  fifty 
dollars  per  month;  one  deputy  who  shall  be  assistant  cashier  at  a  sal- 
ary of  one  hundred  and  twenty-five  dollars  per  month;  one  deputy  at 
a  salary  of  one  hundred  and  thirty-five  dollars  per  month;  one  deputy 
at  a  salary  of  one  hundred  dollars  per  month;  one  deputy  who  shall  be  a 
stenographer  and  bookkeeper  at  a  salary  of  one  hundred  dollars  per 
month.  The  salaries  of  the  deputies  herein  provided  for  shall  be  paid 
by  said  county  in  monthly  installments,  at  the  same  time,  in  the  same 
manner,  and  out  of  the  same  fund  as  the  salary  of  the  treasurer  is  paid. 

Tax  collector. 

6.  The  tax  collector,  three  thousand  six  hundred  dollars  per  annum, 
which  shall  be  in  full  compensation  for  all  services  rendered  by  him; 
provided,  that  in  counties  of  this  class  there  shall  be  and  there  hereby 
is  allowed  to  the  tax  collector  the  following  deputies,  stenographers  and 
clerks,  who  shall  be  appointed  by  the  tax  collector,  and  who  shall  be 
paid  salaries  as  follows:  One  chief 'deputy  at  a  salary  of  one  hundred 
and  seventy-five  dollars  per  month;  one  deputy  who  shall  be  chief  clerk 
at  a  salary  of  one  hundred  and  fifty  dollars  per  month;  two  deputies, 
who  shall  be  assistants  to  the  chief  clerk,  at  a  salary  of  one  hundred 
and  twenty  dollars  each  per  month;  one  deputy  who  shall  be  cashier, 
at  a  salary  of  one  hundred  and  twenty-five  dollars  per  month;  one  dep- 
uty who  shall  be  assistant  cashier,  at  a  salary  of  one  hundred  and  fifteen 
dollars  per  month;  two  deputies  who  shall  be  assistants  to  the  cashier, 
at  a  salary  of  one  hundred  and  fifteen  dollars  each  per  month,  for  a 
period  not  to  exceed  six  months  in  any  one  year;  one  deputy  who  shall 
be  correspondence  clerk,  at  a  salary  of  one  hundred  and  twenty-five 
dollars  per  month;  one  deputy  who  shall  be  correspondence  clerk,  at  a 
salary  of  one  hundred  and  fifteen  dollars  per  month;  one  deputy  who 
shall  be  license  clerk,  at  a  salary  of  one  hundred  and  ten  dollars  per 
month;  two  deputies  who  shall  be  checking  clerks,  at  a  salary  of  one 
hundred  and  fifteen  dollars  each  per  month;  and  one  deputy  who  shall 
be  register  clerk,  at  a  salary  of  one  hundred  and  ten  dollars  per  month, 
one  deputy  who  shall  be  record  clerk,  at  a  salary  of  one  hundred  and 
ten  dollars  per  month;   two  deputies  who  shall  be  license  inspectors,  at 


§  4230  '         POLITICAL   CODE.  COS 

a  salary  of  one  hundred  dollars  each  per  month;  one  deputy  who  shall 
be  chief  report  clerk,  at  a  salary  of  one  hundred  and  fifty  dollars  per 
month;  six  deputies  who  shall  be  report  clerks,  at  a  salary  of  one  hun- 
dred and  ten  dollars  each  per  month;  one  deputy  who  shall  be  book- 
keeper, at.  a  salary  of  one  hundred  and  ten  dollars  per  month;  twelve 
deputies  at  a  salary  of  one  hundred  dollars  each  per  month;  two  dep- 
uties who  shall  be  sale  and  redemption  clerks,  at  a  salary  of  one  hun- 
dred [dollars]  each  per  month;  one  deputy  who  shall  be  map  clerk,  at 
a  salary  of  one  hundred  and  fifteen  dollars  per  month;  two  deputies 
who  shall  be  stenograjiliers  at  a  salary  of  ninety  dollars  each  per 
month;  eighty-seven  clerks  for  a  period  not  to  exceed  six  months  at  a 
sabiry  of  four  dollars  per  day  each  for  each  day  employed;  and  also 
such  additional  assistants  as  the  tax  collector  may  require  in  prepar- 
ing a  property  index,  whose  compensation  for  any  year  shall  not  exceed 
in  the  aggregate  two  thousand  dollars  for  any  such  year.  The  tax  col- 
lector shall  also  be  allowed  and  there  is  hereby  allowed  a  sum  not  to 
exceed  six  hundred  dollars  for  the  necessary  traveling  expenses  of  said 
license  tax  collector  each  year.  The  salaries  of  the  deputies,  clerks, 
assistants  and  stenographers  herein  provided  for  shall  be  paid  by  said 
county  in  monthly  installments,  at  the  same  time,  in  the  same  manner, 
and  out  of  the  same  fund  as  the  salary  of  the  tax  collector  is  paid. 

District  attorney. 

7.  The  district  attorney,  six  thousand  dollars  per  annum;  provided, 
that  in  counties  of  this  class,  there  shall  be  and  there  is  hereby  allowed 
to  the  district  attorney,  the  following  deputies,  employees  and  assistants 
who  shall  be  appointed  by  the  district  attorney  of  said  county  and  who 
shall  be  paid  salaries  as  follows:  One  assistant  district  attorney  at  a  salary 
of  two  hundred  and  seventy-five  dollars  per  month;  one  chief  deputy  at 
a  salary  of  two  liiindrod  and  fifty  (follars  per  month;  four  deputies  at  a 
salary  of  two  hundred  and  twenty-five  dollars  per  mouth  each;  seven 
dejiuties  at  a  salary  of  two  hujulred  dollars  each  per  month;  one  clerk 
at  a  salary  of  one  hundrcil  and  fifty  dollars  per  month;  two  detectives 
at  a  salary  of  one  hundred  and  thirty-five  dollars  each  per  month;  two 
process  servers  at  a  salary  of  one  hundred  dollars  each  per  month;  five 
stenographers  at  a  salary  of  one  hundred  dollars  each  per  month;  one 
messenger  at  a  salary  of  sixty  dollars  per  month;  the  auditor  shall  audit 
and  allow,  and  the  treasurer  shall  pay  to  the  district  attorney  the  sum 
of  fifty  dollars  per  month  on  the  first  of  each  month,  which  shall  be 
for  a  sercret  service  fund,  to  be  used  in  detection  and  prevention  of 
crime  by  the  district  attorney;  provided,  however,  that  nothing  con- 
tained in  this  subdivision  shall  be  construed  as  limiting  the  provisions 
of  section  43U7  ;  provided,  further,  that  nothing  herein  contained  shall  be 
construed  to  prevent  the  board  of  supervisors  of  said  counties  of  this 
class  from  employing  special  counsel,  when  in  the  judgment  of  said  board, 
the  interests  of  said  county  require  it.  The  salaries  of  the  assistants, 
deputies,  clerks,  stenographers,  special  counsel,  detectives,  and  employees 
herein  provided  for,  shall  be  paid  by  the  county  in  monthly  installments, 


609  POLITICAL    CODE.  §  4230 

at  the  same  time,  in  tlie  same  manner,  and  out  of  the  same  fund  as  the 
salary  of  the  district  attorney  is  paid. 

Assessor. 

8.  The  assessor,  three  thousand  six  hundred  dollars  per  annum;  pro- 
vided, that  in  counties  of  this  class  there  shall  be  and  hereby  is  allowed 
to  the  assessor  the  following  deputies,  clarks,  stenographers,  and  copy- 
ists, who  shall  be  appointed  by  the  assessor,  and  who  shall  be  paid  sal- 
aries as  follows:  One  chief  deputy  at  a  salary  of  two  hundred  dollars 
jier  month;  one  head  deputy,  county  department,  at  a  salary  of  one  hun- 
dred and  fifty  dollars  per  month;  one  head  deputy,  city  department,  at 
a  salary  of  one  hundred  and  fifty  dollars  per  month;  one  assistant  dep- 
uty at  a  salary  of  one  hundred  and  twenty-five  dollars  per  month;  two 
improvement  valuation  deputies  at  a  salary  of  one  hundred  and  twenty- 
tive  dollars  each  per  month;  five  real  estate  valuation  deputies  at  a 
salary  of  one  hundred  and  twenty  dollars  each  per  month;  two  deputies 
who  shall  be  cashiers  at  a  salary  of  one  hundred  and  twenty  dollars 
each  per  month;  one  machinery  valuation  deputy  at  a  salary  of  one 
hundred  and  twenty  dollars  per  month;  one  tax  sale  and  redemption 
deputy  at  a  salary  of  one  hundred  and  ten  dollars  per  month;  eleven 
deputies  at  a  salary  of  one  hundred  dollars  each  per  month;  four  trans- 
fer deputies  at  a  salary  of  one  hundred  dollars  each  per  month;  ninety 
field  deputies  for  a  period  not  exceeding  three  months  in  any  one  year 
at  a  salary  of  one  hundred  dollars  each  per  month;  forty  field  deputies 
for  a  period  not  exceeding  three  months  in  any  one  year  at  a  salary  of 
one  hundred  dollars  each  per  month;  thirty-five  clerks  for  a  period  not 
exceeding  four  months  in  any  one  year  at  a  salary  of  one  hundred  dol- 
lars each  per  month;  fifteen  field  deputies  for  a  period  not  exceeding 
six  months  in  any  one  year,  at  a  salary  of  one  hundred  dollars  each 
per  month;  eighteen  copyists  at  a  salary  of  seventy-five  dollars  each 
per  month;  fifteen  copyists  for  a  period  not  exceeding  four  months  in 
any  one  year  at  a  salary  of  seventy-five  [dollars]  each  per  month;  sixty 
copyists  for  a  period  not  exceeding  three  months  in  any  one  year  at  a 
salary  of  seventy-five  dollars  each  per  month;  ten  comparers,  for  a 
period  not  exceeding  three  months  in  any  one  year,  at  a  salary  of  eighty 
dollars  each  per  month;  twelve  comparers  for  a  period  not  exceeding 
three  months  in  any  one  year,  at  a  salary  of  eighty  dollars  each  per 
month;  two  deputies,  who  shall  be  photographers,  at  a  salary  of  one 
hundred  and  twenty  dollars  each  per  month;  two  stenographers  at  a 
salary  of  ninety  dollars  each  per  month;  there  is  also  allowed  not  to 
exceed  five  hundred  dollars  for  transportation  expenses  of  the  said  as- 
sessor or  his  deputies  for  each  year;  it  is  further  provided  that  in  coun- 
ties of  this  class,  that  if  the  assessor  be  directed  by  any  law,  or  by 
any  order  of  the  board  of  supervisors,  within  counties  of  this  class,  to 
prepare  maps,  plats,  or  block-books  for  the  use  of  the  county,  or 
assessment-rolls,  for  the  use  of  any  municipality,  then  said  assessor 
39 


§  4230  POLITICAL    CODE.  610 

shall  make  such  maps,  plats,  or  block-books,  or  assessment-rolls,  but 
shall  only  receive  the  actual  cost  by  him  incurred  in  making  or  prepar- 
ing said  maps,  plats,  or  block-books,  or  assessment-rolls;  and  provided, 
further,  that  he  shall  file  with  the  county  auditor  a  sworn  statement, 
showing  the  persons  to  whom,  and  the  amounts  paid  to  each  for  such 
maps,  plats,  block-books,  or  assessment-rolls,  and  he  shall  account  forth- 
with and  pay  over  to  the  county  any  difference  between  such  co«ts 
and  the  amount  allowed  him  for  such  work.  The  salaries  of  the  depu- 
ties, stenographers,  clerks,  and  copyists  herein  provided  for,  shall  be 
paid  by  said  county  in  monthly  installments,  at  the  same  time,  in  the 
same  manner,  and  out  of  the  same  fund  as  the  salary  of  the  county 
assessor  is  paid;  it  is  further  provided,  that  in  counties  of  this  class 
the  assessor  shall  leceive  no  commission  for  his  collection  of  taxes  on 
personal  property,  nor  shall  such  assessor  receive  any  compensation  or 
commission  for  the  collection  of  poll  taxes  or  road  poll  taxes,  nor  shall 
the  said  assessor  receive  any  compensation  for  making  out  the  military 
roll  of  persons  returned  to  him  as  subject  to  military  duty  as  provided 
by  section  1901  of  the  Political  Code;  provided,  however,  that  fifteen 
per  cent  of  all  moneys  collected  by  him  for  poll  taxes,  and  road  poll 
taxes  shall  be  allowed  to  such  counties  on  their  settlement  with  the 
state,  and  be  and  remain  the  property  of  such  counties. 

Coroner. 

9.  The  coroner,  three  thousand  dollars  per  annum  and  his  actual  neces- 
sary expenses  in  traveling  outside  of  the  county  seat.  He  shall  hold 
inquests  as  prescribed  by  chapter  2,  title  12,  part  2,  of  the  Penal 
Code,  except  that  he  may  in  his  discretion  dispense  with  a  jViry.  The 
coroner  or  other  officer  hoMing  an  inquest  upon  the  body  of  a  deceased 
person  may  siibpoena  a  physician  or  surgeon  to  inspect  a  body,  or  a 
chemist  to  make  an  analysis  of  the  contents  of  the  stomach  or  tissues 
of  the  body,  or  hold  a  post-mortem  examination  of  the  deceased,  and 
give  his  professional  opinion  as  to  the  cause  of  death.  The  coroner  in 
counties  of  this  class  shall  be  and  he  is  hereby  allowed  the  following 
assistants:  One  deputy  at  a  salary  of  two  hundred  dollars  per  month; 
said  deputy  shall  have  the  power  and  it  shall  be  his  duty  when  directed 
by  the  coroner,  to  hold  inquests,  and  all  power  conferred  by  law  upon 
the  coroner  may  be  exercised  by  said  deputy;  one  stenographer  at  a 
salary  of  one  hundred  and  fifty  dollars  per  month.  Said  stenographer 
shall  take  down  in  shorthand  the  testimony  of  witnesses  at  inquests 
and  shall  transcribe  the  same  in  longhand  and  file  a  certified  copy 
thereof  with  the  county  clerk;  one  clerk  at  a  salary  of  one  hundred 
and  twenty-five  dollars  per  month;  one  deputy  at  a  salary  of  one  hun- 
dred dollars  per  month.  The  salaries  of  the  deputies,  clerks  and  stenog- 
rapher herein  provided  for  shall  be  paid  by  tlio  c-oiuity,  in  the  same 
manner,  at  the  same  time,  and  out  of  the  same  funds  as  the  salary  of 
the  coroner  is  paid. 


611  POLITICAL   CODE.  §  4230 

Public  administrator. 

10.  The  public  administrator,  three  thousand  dollars  per  annum;  pro- 
vided, that  in  counties  of  this  class  there  shall  be  and  there  is  hereby 
allowed  to  the  public  administrator  one  deputy  at  a  salary  of  one.  hun- 
dred and  seventy-five  dollars  per  month.  The  salary  of  said  deputy 
shall  be  paid  by  the  county  in  the  same  manner,  at  the  same  time,  and 
out  of  the  same  fund  as  the  salary  of  the  public  administrator  is  paid. 

Superintendent  of  schools. 

11.  Tile  superintendent  of  schools,  three  thousand  six  hundred  dollars 
per  annum,  which  shall  be  in  full  for  all  services,  including  attendance 
upon  the  board  of  education,  also  actual  necessary  traveling  expenses 
not  to  exceed  five  dollars  for  every  school  district  in  the  county;  pro- 
vided, that  in  counties  of  this  class  there  shall  be  and  there  hereby  is 
allowed  the  superintendent  of  schools  the  following  assistants  and 
deputies  who  shall  be  api)ointed  by  the  superintendent  of  schools  of 
said  county,  and  who  shall  be  paid  salaries  as  follows:  Three  assistants 
at  a  salary  of  two  hundred  and  twenty-five  dollars  each  per  month; 
one  deputy  at  a  salary  of  one  hundred  and  seventy-five  dollars  per 
month;  three  deputies  at  a  salary  of  one  hundred  and  twenty-five  dollars 
each  per  month;  four  deputies  at  a  salary  of  one  hundred  dollars  each 
per  month.  The  salaries  of  the  assistants  and  deputies  herein  provided 
for  shall  be  paid  by  the  county  at  the  same  time,  in  the  same  manner, 
and  out  of  the  same  fund  as  the  salary  of  the  superintendent  of  schools 
is  paid. 

Health  officer. 

12.  The  health  officer,  fifteen  hundred  dollars  per  annum,  and  special 
health  oflicers  when  appointed  as  in  this  title  provided,  ten  dollars  each 
per  day;  provided,  that  not  more  than  five  hundred  dollars  per  annum 
shall  be  paid  or  expended  in  any  one  year  in  payment  of  special  health 
officers.  The  salaries  of  the  health  officer  and  special  health  officers 
shall  be  paid  by  the  county  in  the  same  manner,  at  the  same  time  and 
out  of  the  same  fund  as  the  salaries  of  county  officers  are  paid. 

Board  of  education. 

12^2-  Each  member  of  the  county  board  of  education,  except  the 
secretary  thereof,  five  dollars  for  each  session  of  the  board  attended, 
not  exceeding  a  total  of  four  hundred  dollars  to  any  member  in  any 
one  year.  In  addition,  each  member  shall  be  entitled  to  mileage  at  the 
rate  of  ten  cents  per  mile,  for  one  way  only,  while  attending  the  regular 
sessions.  Said  compensation  of  the  said  members  of  the  board  of  edu- 
cation shall  be  payable  monthly  and  out  of  the  same  funds,  and  in  the 
same  manner  as  the  salary  of  the  count}^  superintendent  of  schools  is 
paid.  Said  compensation  shall  be  in  full  payment  for  all  services 
rendered. 


§  4230  POLITICAL   CODE.  612 

Surveyor. 

13.  The  surveyor,  three  thousand  six  hundred  dollars  per  annum,  and 
in  addition  thereto  all  necessary  expenses  and  transportation  for  work 
performed  in  the  field,  and  all  necessary  expenses  for  searching  records 
and  compiling  assessor's  maps;  provided,  that  in  counties  of  this  class 
there  shall  be  and  there  hereby  is  allowed  to  the  surveyor,  the  following 
deputies  who  shall  be  appointed  by  the  surveyor  of  said  county,  and  who 
shall  be  paid  salaries  as  follows:  One  chief  deputy  who  shall  be  a  civil 
engineer  at  a  salary  of  two  hundred  and  fifty  dollars  per  month;  one 
dejiuty  who  shall  be  a  bridge  engineer  at  a  salary  of  one  hundred  and 
ninety  dollars  per  month;  two  deputies  who  shall  be  civil  engineers  at  a 
salary  of  one  hundred  seventy-five  dollars  each  per  month;  seven  deputies 
who  shall  be  surveyors  or  draftsmen  at  a  salary  of  one  hundred  and 
twenty-five  dollars  each  per  month;  three  deputies,  two  of  whom  shall 
be  draftsmen  and  one  a  counter  deputy  at  a  salary  of  one  hundred  and 
ten  dollars  each  per  month;  two  deputies  who  shall  be  draftsmen  at  a 
salary  of  one  hundred  dollars  each  per  month;  two  deputies  who  shall 
be  instrument  or  draftsmen  at  a  salary  of  ninety  dollars  each  {)er  month; 
one  deputy  who  shall  be  a  stenographer  at  a  salary  of  ninety  dollars 
per  month.  The  salaries  of  the  deputies  herein  provided  for  shall  be 
paid  by  said  county  at  the  same  time,  in  the  same  manner  and  out  of 
the  same  fund  as  the  salary   of  the  county  surveyor  is  paid. 

Supervisors. 

14.  Supervisors,  two  thousand  four  hundred  dollars  per  annum  to- 
gether with  mileage  at  the  rate  of  ten  cents  per  mile  for  each  mile 
actually  traveled  by  them  in  the  discharge  of  their  duties,  either  ias 
road  commissioners  or  supervisors,  not  exceeding  in  the  aggregate  seven 
hundred  and  fifty  dollars  each  per  annum.  They  shall  also  receive 
their  necessary  expenses  wiien  attending  meetings  of  the  state  board  of 
equalization;  and  provided,  further,  that  there  shall  and  hereby  is  al- 
lowed to  the  said  board  of  supervisors  the  following  clerks:  One  clerk 
who  shall  be  auditor  and  actouutant  at  a  salary  of  one  hundred  and 
fifty  dollars  per  month;  one  clerk  who  shall  be  in  charge  of  miscellaneous 
records,  equalization  and  election  matters,  at  a  salary  of  one  hundred 
and  twenty-five  dollars  per  month;  one  clerk  who  shall  be  demand  clerk 
at  a  salary  of  one  hundred  and  fifteen  dollars  per  month;  two  assistant 
clerks  at  salaries  of  one  hundred  and  fifteen  dollars  each  per  month; 
one  clerk  who  shall  be  stenographer  and  index  clerk  at  a  salary  of  one 
hundred  dollars  per  month;  one  clerk,  as  emergency  clerk,  at  salary  of 
one  hundred  dollars  per  month;  one  clerk  who  shall  be  superintendent 
of  charities  at  a  salary  of  one  hundred  and  twenty-five  dollars  per 
month;  one  clerk  at  a  salary  of  one  hundred  and  ten  dollars  per  mouth 
and  one  clerk  at  a  salary  of  one  hundred  dollars  per  month,  each  of 
whom  shall  be  an  assistant  to  the  superintendent  of  charities;  one  clerk 
who  shall  be  stenographer  for  the  department  of  charities  at  a  salary 
of  eighty-five  dollars  per  month;  forty  clerks  for  a  period  not  exceeding 
thirty  days  in  any  one  year  at  a  salary  of  four  dollars  each  for  each  day 


(j13  political  code.  §4230 

actually  employed  to  assist  said  board  in  the  work  of  equalization;  and 
ill  addition  to  the  clerks  hereinbefore  provided  for,  in  years  when  a 
(general  election  is  held  in  the  state,  there  shall  be  and  hereby  is  al- 
lowed the  said  board  of  supervisors  sixty  clerks  for  a  period  not  to 
(>xceed  twenty  days  in  such  years,  at  a  compensation  of  four  dollars 
(>;u'h  per  day  for  each  day  actually  employed;  such  clerks  shall  be  ap- 
pointed by  the  board  of  supervisors  and  shall  be  paid  by  said  county 
in  the  same  manner,  at  the  same  time,  and  out  of  the  same  fund  as 
other  clerks  of  the  county  officers  are  paid;  and  still  further  provided, 
that  from  and  after  the  first  Monday  after  the  first  day  of  January  in 
the  year  one  thousand  nine  hundred  and  thirteen,  supervisors  in  counties 
now  of  this  class  shall  receive  as  compensation  for  the  services  re- 
quired of  them  by  law  a  salary  of  three  thousand  dollars  each  per  an- 
num, together  with  mileage  at  the  rate  of  ten  cents  per  mile  for  each 
mile  actually  traveled  by  them  in  the  discharge  of  their  duties  either 
as  road  commissioners  or  supervisors,  not  exceeding  in  the  aggregate 
seven  hundred  and  fifty  dollars  each  per  annum,  and  they  shall  also 
receive  their  necessary  expenses  when  attending  meetings  of  the  state 
board  of  equalization.  The  salaries  of  the  deputies,  clerks  and  em- 
ployees herein  provided  for  shall  be  paid  by  said  county  in  monthly 
installments  at  the  same  time,  in  the  same  manner  and  out  of  the  same 
fund  as  the  county  officers  are  paid. 

Justices  of  the  peace. 

15.  In  townships  having  a  population  of  thirty  thousand  and  not  more 
than  one  hundred  thousand,  justices  of  the  peace  shall  receive  a  salary 
of  two  thousand  dollars  per  annum;  in  townships  having  a  population 
of  fifteen  thousand  and  less  than  thirtj'  thousand,  justices  of  the 
peace  shall  receive  a  salary  of  fifteen  hundred  dollars  per  annum;  in 
townships  having  a  population  of  ten  thousand  and  less  than  fifteen 
thousand,  justices  of  the  peace  shall  receive  a  salary  of  twelve  hundred 
dollars  per  annum;  in  townships  having  a  population  of  five  thousand 
and  less  than  ten  thousand,  justices  of  the  peace  shall  receive  a  salary 
of  nine  hundred  dollars  per  annum;  in  townships  having  a  population  of 
two  thousand  and  less  than  five  thousand,  justices  of  the  peace  shall 
receive  a  salary  of  six  hundred  dollars  per  annum;  in  townships  having 
a  population  of  less  than  two  thousand,  justices  of  the  peace  shall  re- 
ceive a  salary  of  five  hundred  dollars  per  annum;  and  provided,  further, 
that  in  townships  having  a  population  of  more  than  one  hundred  thou- 
sand, each  justice  of  the  peace  shall  receive  a  salary  of  three  thousand 
dollars  per  annum.  All  salaries  shall  be  in  lieu  of  all  fees  due  or  to  be- 
come due  all  justices  for  the  performance  of  any  official  act,  and  such 
salaries  as  hereinbefore  provided  shall  be  paid  in  like  manner,  at  the  same 
time,  and  out  of  the  same  funds  as  county  officers  are  paid  by  such  county. 
And  all  fees  together  with  all  fines  and  penalties  paid  to  such  justices  or 
into  such  court,  shall  be  and  become  the  property  of  the  county  in 
which  such  justice  exercises  his  jurisdiction.  And  each  of  such  justices 
shall  report  under  oath  on  the  first  Monday  of  each  month,  to  the  board 


§  4230  POLITICAL   CODE.  614 

of  supervisors  of  such  county,  the  amount  of  all  fines  and  fees  collected 
by  him  on  the  account  aforesaid  during  the  preceding  month,  and  shall, 
on.  said  date,  deposit  with  the  county  treasurer,  to  the  credit  of  the 
county,  all  such  fines  and  fees  as  may  be  shown  by  said  report  to  have 
been  collected  by  him.  He  shall  also  transmit  the  treasurer's  receipt 
for  said  payment  to  the  board  of  supervisors  with  the  said  report. 

The  board  of  supervisors  of  such  counties  in  townships  having  a  pop- 
ulation of  more  than  fifteen  thousand,  may  provide  each  such  justice 
with  an  office  and  the  necessary  furniture  and  supplies  for  the  justice's 
court  and  may  in  their  discretion  provide  each  such  justice  with  the 
necessary  law  books;  and  provided,  further,  that  the  board  of  super- 
visors in  such  counties  may,  in  townships  having  a  population  of  more 
than  one  hundred  thousand,  appoint  a  clerk  for  each  justice  therein 
which  clerks  shall  each  hold  office  for  the  term  of  two  years  from  and 
after  appointment,  and  shall  receive  a  salary  of  one  hundred  dollars  each 
per  month,  payable  in  like  manner,  at  like  times  and  out  of  the  same 
fund  as  county  officers  are  paid  by  the  county;  said  clerks  shall  each 
take  and  file  an  oath  of  office  in  like  manner  as  county  officers,  and 
after  being  appointed  and  qualifying  as  hereinbefore  prescribed,  shall 
have  power  to  administer  and  certify  oaths  to  affidavits,  and  all  papers, 
documents,  or  instruments  used  in  or  in  connection  with  the  actions  and 
proceedings  of  such  justice's  court.  Such  clerks  shall  perform  such  other 
clerical  services  as  may  be  required  of  them  by  the  justice  or  justices. 
For  the  purpose  of  this  section  the  population  of  town.«hips  in  counties 
of  this  class  is  hereby  determined  by  the  population  of  such  townships 
as  shown  bv  the  census  taken  under  the  direction  of  the  congress  of 
the  United  States  in  the  year  1910. 

constables. 

It).  Constables  shall  receive  the  following  monthly  salaries,  to  be 
paid  each  mouth  and  in  like  manner,  at  like  times  and  out  of  the  same 
fund  as  county  officers  are  paid,  which  shall  be  in  full  for  ail  services 
rendered  by  them  in  criminal  cases,  or  in  actions  or  proceedings  in 
which  the  people  of  the  state  of  California  are  parties.  In  townships 
having  a  population  of  three  hundred  thousand  or  over,  one  hundred 
and  fifty  dollars  per  month;  in  townships  having  a  population  of  thirty 
thousand  and  less  than  three  hundred  thousand,  one  hundred  and  twenty- 
five  dollars  per  month;  in  townships  having  a  population  of  ten  thou- 
sand and  less  than  thirty  thousand,  ninety  dollars  per  month;  in  town- 
ships having  a  population  of  five  thousand  and  less  than  ten  thousand, 
sixty  dollars  per  month;  in  townships  having  a  population  of  less  than 
five  thousand,  forty  dollars  per  month.  In  addition  to  the  compensation 
received  in  criminal  cases,  each  constable  may  receive  and  retain  for 
his  own  use  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law 
for  all  services  performed  by  him  in  civil  cases;  provided,  that  the  con- 
stable shall  be  allowed  all  necessary  expenses  actually  incurred  in  serv- 
ing any  criminal  process  or  pursuing,  taking  or  arresting  persons  charged 


bl5  POLITICAL    CODE.  §  4231 

with  crime,  or  transporting  such  persons  to  or  from  court  or  county  jail. 
And  all  fees  collected  by  such  constable  on  account  of  services  rendered 
in  criminal  cases  or  proceedings  in  which  the  people  of  the  state  of 
California  are  parties,  shall  belong  to  and  be  the  property  of  the  county 
in  which  said  constable  has  been  elected  or  appointed;  and  provided, 
further,  that  in  counties  of  this  class  and  in  townships  having  more  than 
one  hundred  thousand  inhabitants,  there  shall  be  and  there  is  hereby 
allowed  to  each  of  the  four  constables  of  said  township,  one  deputy, 
who  shall  be  appointed  by  the  constable  and  shall  receive  a  salary  of 
one  hundred  dollars  per  month,  and  in  townships  having  a  population 
of  thirty  thousand  and  not  more  than  one  hundred  thousand  there  shall 
be  and  there  is  hereby  allowed  to  each  constable,  one  deputy,  who  shall 
be  appointed  by  the  constable  and  shall  receive  a  salary  of  fifty  dollars 
per  month.  Said  deputies  shall  be  paid  in  like  manner  and  at  like 
times  and  out  of  the  same  funds  as  the  county  officers  are  paid.  Said 
deputies  so  appointed  shall  take  and  file  an  oath  of  office  in  like  manner 
as  county  officers.  Each  constable  shall  report  under  oath  on  the  first 
Monday  of  each  mouth  to  the  board  of  supervisors  of  such  county,  the 
amount  of  all  fees  collected  by  him  for  all  services  rendered  in  all 
criminal  cases  or  in  actions  or  proceedings  to  which  the  people  of  the 
state  of  California  are  parties,  during  the  preceding  month,  and  shall, 
on  said  date,  deposit  with  the  county  treasurer  to  the  credit  of  such 
county  all  fees  as  may  be  shown  by  said  report  to  have  been  collected 
by  him  as  aforesaid,  and  he  shall  also  transmit  the  treasurer's  receipt 
for  said  payment  to  said  board  of  supervisors  with  said  report.  For 
the  purpose  of  this  section  the  population  of  townships  in  counties  of 
this  class  is  hereby  determined  by  the  population  of  such  township  as 
shown  by  the  census  taken  under  the  direction  of  the  congress  of  the 
United  States  in  the  year  1910. 

Fish  and  game  warden, 

17.  The  fish  and  game  warden,  one  hundred  and  twenty-five  dollars 
per  mouth.  In  addition  thereto  said  fish  and  game  warden  shall  be  al- 
lowed a  sum  not  to  exceed  fifty  dollars  per  month  for  expenses  incurred 
by  him  in  the  performance  of  his  duties.  Said  salary  and  expenses  in- 
curred must  be  paid  monthly  from  the  countv  treasury.  [Amendment 
approved  June  16,  1^13;  Stats.  1913,  p.  Ig36.]  ~ 

Also   amended  February   28,   1911    (Stats.   1911,  p.   102),   and  April   21,   1911 

(Stats.   1911,   p.   991),   and  January  22,    1912    (Stats.   Ex.    Sess.   1911,   p.   231). 

CJounties,  second  class — San  Francisco.     Salaries  of  officers. 

§  4231.  In  counties  of  the  second  class  the  officers  shall  receive  as 
compensation  for  their  services  required  of  them  by  law,  or  by  virtue  of 
their  office,  the  salaries  and  fees  fixed  by  law  as  compensation;  provided, 
that  this  shall  not  be  construed  as  adding  additional  compensation  to 
any  officer.  [Amendment  approved  February  28,  1911;  Stats.  1911, 
p.  ^112.] 


§  4232  POLITICAL   CODE.  G16 

Counties,  tMrd  class — Alameda.     Salaries  of  officers. 

§  4232.  la  counties  of  the  third  class,  the  county  and  township 
officers  shall  receive,  as  full  compensation  for  the  services  required  of 
them  by  law,  or  by  virtue  of  their  office,  the  following  salaries: 

County  clerk. 

1.  The  county  clerk,  four  thousand  dollars  per  annum;  provided,  that 
in  counties  of  this  cJass  there  shall  be  and  there  hereby  is  allowed  to 
the  county  clerk  one  chief  deputy,  whose  salary  is  hereby  fixed  at  the 
sum  of  twenty-four  hundred  dollars  per  annum;  one  judgment  clerk, 
whose  salary  is  hereby  fixed  at  the  sum  of  eighteen  hundred  dollars  per 
annum;  one  assistant  judgment  clerk,  whose  salary  is  hereby  fixed  at  the 
sum  of  fifteen  hundred  dollars  per  annum;  six  courtroom  deputies. 
whose  salaries  are  hereby  fixed  at  the  sum  of  fifteen  hundred  dollars 
per  annum  each;  one  index  clerk,  whose  salary  is  hereby  fixed  at  the 
sum  of  fifteen  hundred  dollars  per  annum;  one  document  clerk,  whose 
salary  is  hereby  fixed  at  the  sum  of  twelve  hundred  dollars  per  annum; 
one  clerk  to  the  board  of  supervisors,  whose  salary  is  hereby  fixed  at 
the  sum  of  fifteen  hundred  dollars  per  annum;  one  registration  clerk, 
whose  salary  is  hereby  fixed  at  the  sum  of  fifteen  hundred  dollars  per 
annum;  one  deputy,  who  shall  also  act  as  courtroom  clerk,  whose  salary 
is  hereby  fixed  at  the  sum  of  fifteen  hundred  dollars  per  annum;  four 
deputies,  whose  salaries  are  hereby  fixed  at  the  sum  of  twelve  hundred 
dollars  per  annum  each;  four  copyists,  whose  salaries  are  hereby  fixed 
at  the  sum  of  twelve  hundred  dollars  ]ier  annum  each,  and  two  sten- 
ographers, whose  salaries  arc  hereby  fixed  at  the  sum  of  nine  hundred 
dollars  per  annum  each;  all  the  foregoing  deputies,  clerks,  copyists  and 
stenographers,  herein  provided  for,  shall  be  appointed  by  the  clerk  of 
said  county,  and  their  salaries  shall  be  paid  bj*  the  county  in  equal 
monthly  installments  at  the  same  time  and  in  the  same  manner  and  out 
of  the  same  fund  as  is  the  salary  of  the  county  clerk;  provided,  further, 
that  in  such  years  as  the  compilation  of  a  great  register  of  voters  is  re- 
quired by  law  to  be  made,  the  county  clerk  in  counties  of  this  class 
shall  be,  and  he  is  hereby  allowed  the  following  additional  help:  Ten 
clerks  for  a  period  of  and  not  exceeding  six  months,  whose  salaries  are 
hereby  fixed  at  one  hundred  dollars  per  month  each;  ten  clerks  for  a 
period  of  not  exceeding  one  month,  whose  salaries*  are  hereby  fixed  at 
one  hundred  dollars  per  month  each;  and  also  for  any  such  year  at 
least  one  additional  deputy  in  each  voting  precinct  in  the  county,  who 
shall  be  a  qualified  elector  of  such  precinct,  for  the  purpose  of  register- 
ing electors,  such  additional  deputies  shall  be  paid  five  cents  per  name 
for  each  elector  legally  registered  by  them,  in  the  same  manner  as 
other  county  claims  are  paid;  and  provided,  further,  that  if  no  help  is 
allowed  to  county  clerks  under  the  direct  primary  law,  the  county  clerk 
in  counties  of  this  class,  in  such  years  as  a  general  state  direct  primary 
election  is  held,  shall  be  and  he  is  hereby  allowed  the  following  ad- 
ditional help:   Ten  clerks  for  a  period  of  and  not  exceeding  two  months 


617  POLITICAL    CODE.  §4232 

irninediately  next  preceding  the  direct  primary  election  day,  whose 
salaries  are  hereby  fixed  at  one  hundred  dollars  per  month  each;  such 
clerks  shall  be  appointed  by  the  county  clerk  of  said  county,  and  during 
their  respective  periods  of  employment  their  salaries  shall  be  paid  by 
such  county  in  equal  monthly  installments,  at  the  same  time  and  in  the 
same  manner  and  out  of  the  same  fund  as  is  the  salary  of  the  county 
clerk  of  such  county. 

Sheriff. 

2.  The  sheriff,  four  thousand  dollars  per  annum;  provided,  that  in 
counties  of  this  class  there  shall  be  and  there  hereby  is  allowed  to  the 
sheriff,  one  under-sheriff,  whose  salary  is  hereby  fixed  at  the  sum  of 
twenty-four  hundred  dollars  per  annum;  one  deputy,  who  shall  be  a 
bookkeeper  for  the  sheriff's  office,  whose  salary  is  hereby  fixed  at  the 
sum  of  eighteen  hundred  dollars  per  annum;  one  deputy,  who  shall  be 
assistant  bookkeeper  for  the  slicriff's  office  whose  salary  is  hereby  fixed 
at  the  sum  of  fifteen  hundred  dollars  per  annum;  one  deputy  for  office, 
whose  salary  is  hereby  fixed  at  the  sum  of  fifteen  hundred  dollars  per 
annum;  two  deputies,  who  shall  be  detectives  for  the  sheriff,  whose 
salaries  are  hereby  fixed  at  the  sum  of  fifteen  hundred  dollars  per  an- 
num each;  two  deputies,  who  shall  be  transportation  men,  whose  sal- 
aries are  hereby  fixed  at  the  sum  of  fifteen  hundred  dollars  per  annum 
each;  seven  deputies,  who  shall  be  bailiffs,  whose  salaries  are  hereby 
fixed  at  the  sum  of  fifteen  hundred  dollars  per  annum  each;  one  deputy, 
who  shall  be  a  stenographer,  whose  salary  is  hereby  fixed  at  the  sum  of 
fifteen  hundred  dollars  i)er  annum;  one  deputy,  who  shall  be  chief  jailer, 
whose  salary  is  hereby  fixed  at  the  sum  of  eighteen  hundred  dollars  per 
annum;  two  deputies,  who  shall  be  assistant  jailers,  whose  salaries  are 
hereby  fixed  at  the  sum  of  fifteen  hundred  dollars  per  annum  each; 
six  deputies,  who  shall  be  turnkeys  at  the  jail,  whose  salaries  are  hereby 
fixed  at  the  sum  of  fifteen  hundred  dollars  per  annum  each;  one  matron 
for  the  jail,  whose  salary  is  hereby  fixed  at  the  sum  of  nine  hundred 
dollars  per  annum;  one  assistant  matron,  for  a  period  not  to  exceed  two 
weeks  in  any  one  year,  and  to  serve  only  during  the  vacation  of  the 
matron,  at  a  salary  of  thirty-seven  and  one-half  dollars  for  such  two 
weeks;  one  engineer  for  the  jail,  whose  salary  is  hereby  fixed  at  the 
sum  of  fifteen  hundred  dollars  per  annum;  one  assistant  engineer  for 
the  jail,  whose  salary  is  hereby  fixed  at  the  sum  of  fifteen  hundred 
dollars  per  annum;  provided,  further,  that  the  under-sheriff,  all  deputies, 
bookkeepers,  office  deputy,  detectives,  transportation  men,  bailiffs, 
stenographer,  chief  jailer,  assistant  jiiilers,  turnkey's,  matron,  and 
assistant  matron  for  the  jail,  engineer  and  assistant  engineer  herein 
provided  for  shall  be  appointed  by  the  sheriff  and  their  salaries  shall 
be  paid  by  the  said  county  in  equal  monthly  installments,  at  the 
same  time,  and  in  the  same  manner  and  out  of  the  same  fund  as  the 
salary  of  the  sheriff;  the  sheriff  shall  also  receive  the  amount  of  money 
necessarily  expended  by  him  in  serving  all  process  and  notices  and  all 
expenses   necessarily   incurred   by   him   in   the   pursuit    of   criminals   and 


§  4232  POLITICAL    CODE.  618 

the  same  shall  be  a  charge  against  the  county  and  allowed  as  such  by 
the  board   of  supervisors  and   paid  as  other  county   charges  are  paid. 

Recorder. 

3.  The  recorder,  four  thousand  dollars  per  annum;  provided,  that  in 
counties  of  this  class  there  shall  be  and  there  hereby  is  allowed  to 
the  recorder  the  following  deputies  and  copyists  who  shall  be  appointed 
by  the  recorder  of  such  county  and  shall  be  paid  salaries  and  compen- 
sations as  follows:  One  chief  deputy,  whose  salary  is  hereby  fixed  at 
the  sum  of  twenty-four  hundred  dollars  per  annum;  three  deputies 
whose  salaries  are  hereby  fixed  at  the  sum  of  fifteen  hundred  dollars 
per  annum  each;  five  deputies,  whose  salaries  are  hereby  fixed  at  the 
sum  of  twelve  hundred  dollars  per  annum  each;  four  deputies,  who 
shall  be  comparers,  whose  salaries  are  hereby  fixed  at  the  sum  of  fif- 
teen hundred  dollars  per  annum  ea?n;  one  deputy,  who  shall  be  a 
stenographer,  whose  salary  is  hereby  fixed  at  the  sum  of  nine  hundred 
dollars  per  annum;  provided,  further,  that  the  salary  of  the  chief 
deputy  and  the  salaries  of  the  deputies  and  comparers  and  stenographer 
herein  provided  for  shall  be  paid  by  said  county  in  equal  monthly  in- 
stallments, at  the  same  time  and  in  the  same  manner  and  out  of  the 
same  fund  as  the  salary  of  the  recorder;  provided,  further,  that  in 
counties  of  this  class,  the  recorder  shall  be  entitled  to  the  actual  cost 
incurred  by  him  for  recording  of  all  papers  and  documents  and  records 
in  his  office  not  to  exceed  six  and  three-fourths  cents  per  folio  for 
longhand  recording  and  not  to  exceed  four  and  one-half  cents  per  folio 
for  typewritten  recording  for  each  paper  or  document  so  recorded;  and 
provided,  further,  that  said  recorder  shall  file  monthly  with  the  county 
auditor  a  sworn  statement  showing  in  detail  the  persons,  and  the  amount 
paid  to  each  for  such  recording. 

Auditor. 

4.  The  auditor,  thirty-six  hundred  dollars  per  annum;  provided,  that 
in  counties  of  this  class  there  shall  be  and  there  hereby  is  allowed  to  the 
auditor,  one  chief  deputy,  whose  salary  is  hereby  fixed  at  the  sum  of 
twenty-four  hundred  dollars  per  annum;  one  redemption  deputy,  whose 
salary  is  hereby  fixed  at  the  sum  of  fifteen  hundred  dollars  per  annum; 
three  deputies,  whose  salaries  are  hereby  fixed  at  the  sum  of  fifteen 
hundred  dollars  per  annum  each;  one  doputy  whose  salary  is  hereby  fixed 
at  the  sum  of  twelve  hundred  dollars  per  annum;  one  stenographer,  whose 
salary  is  hereby  fixed  at  the  sum  of  nine  hundred  dollars  per  annum,  and 
such  additional  assistants  as  the  auditor  may  appoint  and  whose  com- 
pensation shall  not  in  the  aggregate  exreod  the  sum  of  two  thousand 
dollars  per  annum;  and  provided,  that  the  auditor  shall  file  with  the 
county  clerk  a  sworn  statement  showing  in  detail  the  amounts  paid  and 
the  persons  to  whom  said  compensation  is  paid  for  such  extra  assistance  as 
aforesaid;  provided,  further,  that  the  chief  deputy,  redemption  deputy. 
deputies  and  stenographer  shall  be  appointed  by  the  auditor  of  said  county 
and  their  salaries  shall  be  paid  by  the  said  county  in  equal  monthly  in- 


619  POLITICAL    CODE.  §  4232 

stallments  at  the  same  time  and  in  the  same  manner  and  out  of  the  same 
fund  as  is  the  salary  of  the  auditor;  and  provided,  further,  that  from 
and  after  the  first  Monday  after  the  first  day  of  January,  nineteen  hun- 
dred and  fifteen,  the  auditor  shall  receive  a  salary  of  four  thousand 
dollars  per  annum  and  shall  be  and  hereby  is  allowed  the  deputies  and 
assistants  herein  specified  and  at  the  salaries  herein  provided  for  each. 

Treasurer. 

5.  The  treasurer,  four  thousand  dollars  per  annum;  provided,  that 
in  counties  of  this  class  there  shall  be,  and  there  hereby  is,  allowed  to 
the  treasurer  one  chief  deputy,  whose  salary  is  hereby  fixed  at  the  sum 
of  twenty-four  hundred  dollars  per  annum;  one  deputy,  whose  salary  is 
hereby  fixed  at  the  sum  of  twenty-one  hundred  dollars  per  annum;  two 
deputies,  whose  salaries  are  hereby  fixed  at  the  sum  of  eighteen  hundred 
dollars  per  annum  each,  which  sums  shall  be  paid  by  said  county  in  equal 
monthly  installments  at  the  same  time  and  in  the  saine  manner,  and  out 
of  the  same  fund  as  is  the  salary  of  the  treasurer;  provided,  that  the 
chief  deputy  and  the  three  deputies  herein  provided  for  shall  be  ap- 
pointed by  the  treasurer  of  said  county;  provided,  further,  that  from 
and  after  the  first  Monday  after  the  first  day  of  January,  1915,  the 
treasurer  shall  receive  a  salary  of  six  thousand  dollars  per  annum  and 
shall  be  and  hereby  is  allowed  the  deputies  and  assistants  herein  specified 
and  at  the  salaries  herein  provided  for  each;  and  provided,  further,  that 
from  and  after  the  first  Monday  after  the  first  day  of  January,  1915, 
all  commissions  and  fees  required  or  permitted  by  any  law  of  this  state, 
or  of  the  United  States,  to  be  collected  by  the  treasurer  either  as  an 
officer  or  ex-officio  officer,  his  deputies  or  assistants,  for  the  performance 
of  any  official  duty,  shall  be  collected  for  the  benefit  of  the  county  and 
shall  be  paid  into  the  general  fund  of  the  county  monthly. 

Tax   collector. 

6.  The  tax  collector,  four  thousand  dollars  per  annum;  provided,  that 
in  counties  of  this  class  there  shall  be  and  there  hereby  is  allowed  to 
the  tax  collector  one  chief  deputy,  whose  salary  is  hereby  fixed  at  the 
sum  of  twenty-four  hundred  dollars  per  annum;  one  cashier,  whose  salary 
is  hereby  fixed  at  the  sum  of  eighteen  hundred  dollars  per  annum;  two 
assistant  cashiers,  whose  salaries  are  hereby  fixed  at  the  sum  of  fifteen 
hundred  dollars  per  annum  each;  one  chief  clerk,  whose  salary  is  hereby 
fixed  at  the  sum  of  eighteen  hundred  dollars  per  annum;  two  correspond- 
ence clerks,  whose  salaries  are  hereby  fixed  at  the  sum  of  fifteen  hundred 
dollars  per  annum  each;  one  bookkeeper,  whose  salary  is  hereby  fixed  at 
the  sum  of  fifteen  hundred  dollars  per  annum;  one  state  lands  clerk, 
whose  salary  is  hereby  fixed  at  the  sum  of  fifteen  hundred  dollars  per 
annum;  one  stenographer,  whose  salary  is  hereby  fixed  at  the  sum  of 
nine  hundred  dollars  per  annum;  provided,  further,  that  there  shall  be 
and  there  hereby  is  allowed  to  the  tax  collector  three  extra  deputies  for 
a  period  not  to  exceed  eight  months  in  any  one  year,  at  a  salary  of  one 
hundred  dollars  per  month  each;   six  extra  deputies  for  a  period  not  to 


§  4232  POLITIC.U.  CODE.  620 

exceed  five  months  in  any  one  year,  at  a  salary  of  one  hundred  dollars 
per  month  each;  six  extra  deputies  for  a  period  not  to  exceed  four 
months  in  any  one  year,  at  a  salary  of  one  hundred  dollars  per  month 
each;  provided,  further,  that  in  counties  of  this  class  the  tax  collector 
shall  appoint  six  persons  to  be  known  as  indexers,  which  office  is  hereby 
created,  and  whose  duties  it  shall  be  under  the  supervision  and  direction 
of  the  tax  collector  to  compile,  make  out,  and  complete  an  index  of  the 
assessment-rolls  of  the  county,  and  of  the  sanitary  assessment-rolls  for 
each  sanitary  district  in  the  county  of  Alameda,  yearly,  commencing  with 
the  year  nineteen  hundred  and  nine,  as  soon  as  said  rolls  are  completed  by 
the  assessor  of  the  county  and  each  assessor  of  said  sanitary  districts  and 
for  each  year  thereafter,  the  said  indexes  to  be  a  public  record  for  use 
of  the  tax  collector  and  the  general  public  and  to  be  kept  in  the  office 
of  the  tax  collector  during  the  collection  of  taxes  and  to  be  turned  over 
to  the  auditor  at  the  same  time  as  the  assessment-rolls  are  turned  over 
in  the  final  settlement  of  the  tax  collector  with  the  county  auditor.  Such 
indexers  shall  be  paid  a  salary  of  one  hundred  dollars  per  month  each, 
payable  at  the  same  time  and  in  the  same  manner  as  other  county 
officers  are  paid,  but  such  indexers  shall  not  be  employed  to  exceed  four 
months  in  any  one  year;  provided,  further,  that  the  chief  deputy,  the 
stenographer,  and  all  other  deputies  herein  provided  for  shall  be  ap- 
pointed by  the  tax  collector  of  said  countv,  and  the  salaries  of  said  chief 
deputy,  stenographer,  and  all  deputies  herein  provided  for  shall  be  paid 
by  said  county  during  the  time  which  they  shall  hold  office  as  herein  pro- 
vided at  the  same  time  and  in  the  same  manner  and  out  of  the  same 
fund  as  the  salary  of  the  tax  collector. 

License  collector. 

7.  Tlio  liioiise  collector  shall  receive  fifteen  per  cent  of  all  licenses 
collected  by  him. 

Assessor. 

8.  The  assessor,  seven  thousand  dollars  per  annum  and  necessary 
traveling  expenses  in  the  performance  of  the  duties  of  his  office;  pro- 
vided, that  in  counties  of  this  class  there  shall  be,  and  there  hereby  is 
allowed  to  the  assessor,  the  following  assistants,  deputies  and  employees 
who  shall  be  appointed  by  the  assessor  and  shall  be  paid  salaries  as  fol- 
lows: One  assistant  assessor,  whose  salary  is  hereby  fixed  at  the  sum  of 
three  thousand  dollars  per  annum;  one  chief  deputy,  whose  salary  is 
hereby  fixed  at  the  sum  of  twenty-four  hundred  dollars  per  annum; 
one  head  city  deputy  whose  salary  is  hereby  fixed  at  the  sum  of  eighteen 
hundred  dollars  per  annum;  one  assistant  city  deputy,  whose  salary  is 
hereby  fixed  at  the  sum  of  fifteen  hundred  dollars  per  annum;  one'  as- 
sistant city  deputy,  whose  salary  is  liereby  fixed  at  the  sum  of  twelve 
hundred  dollars  per  annum;  one  building  inspector,  whose  salary  is  here- 
by fixed  at  the  sum  of  fifteen  hundred  dollars  per  annum;  two  assistant 
building  inspectors,  whose  salaries  are  hereby  fixed  at  the  sum  of  twelve 
hundred  dollars  per  annum  cacli;  one  cashier,  whose  salary  is  herebv  fixed 
at  the  sura  of  eighteen  hundred  dollars  per  annum;  one  assistant  cashier 


621  POLITICAL   CODE.  §  4232 

and  bookkeeper,  whose  salary  is  hereby  fixed  at  the  sum  of  eighteen  hun- 
dred dollars  per  annum;  one  record  deputy,  who  shall  be  a  stenographer, 
whose  salary  is  hereby  fixed  at  the  sum  of  twelve  hundred  dollars  per  an- 
num; one  head  district  deputy,  whose  salary  is  hereby  fixed  at  the  sum  of 
eighteen  hundred  dollars  per  annum;  three  district  deputies,  whose  salaries 
are  hereby  fixed  at  the  sum  of  sixteen  hundred  and  twenty  dollars  per  an- 
num each;  four  district  deputies,  whose  salaries  are  hereby  fixed  at  the 
sum  of  fifteen  hundred  dollars  per  annum  each;  six  copyists,  whose  salaries 
are  hereby  fixed  at  the  sum  of  twelve  hundred  dollars  per  annum  each;  four 
comparers,  whose  salaries  are  hereby  fixed  at  the  sum  of  twelve  hundred 
dollars  per  annum  each;  eight  deputies  for  a  period  not  to  exceed  six 
months  in  any  one  year,  whose  salaries  are  hereby  fixed  at  the  sum  of 
one  hundred  dollars  per  month  each;  two  district  deputies  for  a  period 
not  to  exceed  six  months  in  any  one  year,  whose  salaries  are  hereby 
fixed  at  the  sum  of  one  hundred  and  fifty  dollars  per  month  each;  six 
field  deputies  for  a  period  not  to  exceed  six  months  in  any  one  year, 
whose  salaries  are  hereby  fixed  at  the  sum  of  one  hundred  dollars  per 
month  each;  and  such  additional  deputies  as  the  assessor  may  appoint 
and  whose  compensation  shall  not  in  the  aggregate  exceed  the  sum  of 
four  thousand  five  hundred  dollars  per  annum;  and  provided,  that  the 
assessor  shall  file  with  the  county  auditor  a  verified  statement  showing 
in  detail  the  amounts  paid  and  the  persons  to  whom  such  compensation 
is  paid  for  such  extra  assistants  as  aforesaid.  The  salaries  herein 
provided  for  shall  be  paid  by  the  said  county  in  monthly  installments 
at  the  same  time  and  in  the  same  manner  and  out  of  the  same  fund  as 
the  salary  of  the  assessor  is  paid;  provided,  however,  that  should  the 
assessor  be  directed  by  any  law  or  by  any  order  of  the  board  of  super- 
visors, or  by  any  municipality  within  said  counties  of  the  third  class 
to  prepare  maps,  plats  or  block-books  for  the  use  of  the  county  or  assess- 
ment-rolls for  the  use  of  any  municipality,  then  said  assessor  shall  make 
such  maps,  plats,  or  block-books,  or  assessment-rolls  for  the  use  of  any 
municipality,  but  shall  only  receive  the  actual  cost  by  him  incurred 
in  making  or  preparing  said  maps,  plats,  block-books  or  assessment-rolls; 
and  provided,  further,  that  he  shall  file  with  the  county  auditor  a  sworn 
statement  showing  the  persons  to  whom  and  the  amounts  paid  to  each 
for  such  maps,  plats,  block-books  or  assessment-rolls,  and  shall  account 
forthwith  and  pay  over  to  the  county  any  difference  between  such  costs 
and  the  amount  allowed  him  for  such  work;  and  provided,  further,  that 
the  salaries  herein  named  shall  be  in  full  compensation  for  all  services 
of  every  kind  and  description  rendered  by  the  assessor,  his  deputies 
and  assistants;  and  it  is  further  provided,  that  in  counties  of  this  class 
the  assessor  shall  receive  no  commission  for  his  collection  of  taxes  on 
personal  property  nor  shall  such  assessd'r  receive  any  compensation  or 
commission  for  the  collection  of  poll  taxes  or  road  poll  taxes,  nor  shall 
the  said  assessor  receive  any  compensation  for  making  out  the  military- 
roll  of  persons  returned  by  him  as  subject  to  military  duty  as  pro- 
vided  by   section    1901   of   the   Political   Code;    provided,   however,   that 


§4232  POLITICAL   CODE.  C22 

fifteen  per  cent  of  all  moneys  collected  by  him  for  poll  taxes  and  road 
poll  taxes  shall  be  allowed  to  such  counties  on  their  settlement  with 
the  state  and  be  and  remain  the  property  of  such  counties. 

District  attorney, 

9.  Tlie  district  attorney,  four  thousand  dollars  per  annum;  provided. 
that  in  counties  of  this  class  there  shall  V)e  and  there  is  hereby  allowed 
to  the  district  attorney  the  following  assistant,  deputies  and  employees, 
who  shall  be  appointed  by  the  district  attorney  of  said  county,  and  who 
shall  be  paid  salaries  as  follows:  one  assistant  district  attorney,  whose 
salary  is  hereby  fixed  at  the  sum  of  two  hundred  and  seventy-five  dol- 
lars per  month;  one  chief  deputy  district  attorney,  whose  salary  is 
hereby  fixed  at  the  sum  of  two  hundred  and  fifty  dollars  per  month; 
two  deputies  district  attorney,  whose  salaries  are  hereby  fixed  at  the 
sum  of  two  hundred  and  twenty-five  dollars  per  month  each;  two 
deputies  district  attorney,  whose  salaries  are  hereby  fixed  at  the  sum  of 
two  hundred  dollars  per  month  each;  two  deputies  district  attorney, 
whose  salaries  are  hereby  fixed  at  the  sum  of  one  hundred  and  seventy- 
five  dollars  per  month  each;  two  deputies  district  attorney,  whose 
salaries  are  hereby  fixed  at  the  sum  of  two  hundred  dollars  per  month 
each,  whose  duty  it  shall  be,  in  addition  to  performing  services  as 
deputies  district  attorney,  to  attend  the  sessions  of  the  poFice  courts  in 
cities  of  the  second  class  and  conduct,  on  behalf  of  the  people,  all 
prosecutions  for  public  offenses  of  which  said  police  courts  shall  have 
jurisdiction;  one  clerk,  whose  salary  is  hereby  fixed  at  the  sum  of  one 
hundred  and  twenty-five  dollars  per  month;  one  process  server,  whose 
salary  is  hereby  fixed  at  the  sum  of  one  hundred  dollars  per  mouth; 
three  stenographers,  whose  salaries  are  hereby  fixed  at  the  sum  of 
seventy-five  dollars  per  month  each;  one  detective,  who  shall  assist  the 
district  attorney  in  the  detection  of  crime  and  prosecution  of  criminal 
cases,  whose  salary  is  hereby  fixed  at  the  sum  of  one  hundred  and 
seventy-five  dollars  per  month;  and  provided,  further,  that  nothing 
herein  contained  shall  be  construed  to  prevent  the  boards  of  supervisors 
of  counties  of  this  class  from  employing  special  counsel  when  in  the 
.judgment  of  said  boards  the  interests  of  said  county  require  it.  The 
salaries  of  said  assistants,  deputies,  clerk,  detective,  process  server, 
stenographers  and  special  counsel  in  this  subdivision  provided  for  shall 
be  payable  by  the  county  in  monthly  installments  at  the  same  time  and 
in  the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the  dis- 
trict attorney  is  paid. 

Coroner. 

10.  The  coroner,  four  thousand  dollars  per  annum  and  his  necessary 
traveling  expenses  as  follows:  Ten  cents  per  mile  for  distance  actually 
traveled  outside  the  cities  of  Oakland,  Berkeley,  Alameda,  Piedmont, 
Emeryville  and  San  Leandro,  said  traveling  expenses  not  to  exceed 
twent^y  dollars  in  any  one  calendar  month;  provided,  further,  that  in 
counties   of   this   class,   there   shall   be,   and   there   hereby   is,   allowed    to 


623  POLITICAL   CODE.  §  4232 

the  coroner  one  autopsy  physician  and  surgeon,  whose  salary  is  hereby 
fixed  at  the  sum  of  eighteen  hundred  dollars  per  annum,  who  shall 
perform  all  autopsies  and  inspections  in  all  cases  required  by  the  coroner 
except  that  where  the  distance  from  the  county  seat  exceeds  twenty 
miles  the  coroner  may  subpoena  a  physician  or  surgeon  to  perform  such 
autopsy  or  to  inspect  the  body;  one  deputy,  whose  salary  is  hereby  fixed 
at  the  sum  of  eighteen  hundred  dollars  per  annum,  and  one  stenographer, 
whose  salary  is  hereby  fixed  at  the  sum  of  tvventy-iour  hundred  dollars 
per  annum  and  who  shall  be  paid,  in  addition  thereto,  for  transcribing 
all  the  testimon}'  and  proceedings  taken  by  him  at  any  inquest,  the  sum 
of  fifteen  cents  per  one  hundred  words  for  one  copy,  and  ten  cents  per 
one  hundred  words  for  two  copies  made  at  one  time  and  in  every  ease 
where  the  death  of  any  person  shall  have  been  caused  by  the  criminal 
act  of  another,  such  stenographer  shall  make  a  copy  of  the  transcript 
of  the  testimony  and  proceedings  taken  at  such  inquest  for  the  use  of 
the  district  attorney  of  such  county;  in  all  inquests  so  reported,  the 
fees  for  transcribing,  as  provided  herein,  shall  be  paid  out  of  the  county 
treasury  upon  the  order  of  the  coroner.  When  such  testimony  is  taken 
down  by  such  stenographer  as  herein  set  forth  his  transcription  thereof, 
duly  certified  to  by  him,  shall  constitute  the  deposition  of  the  witnesses 
testifying  at  such  inquest  so  reported  by  such  stenographer.  The 
autopsy  physician  and  surgeon,  deputy  and  stenographer  herein  provided 
for  shall  be  appointed  by  the  coroner,  and  their  salaries  shall  be  paid 
by  said  county  in  equal  monthly  installments  at  the  same  time,  and  in 
the  same  manner,  and  out  of  the  same  fund,  as  is  the  salary  of  the 
county  officers  in  counties  of  this  class.  The  coroner  must  hold  inquests 
as  prescribed  by  chapter  2,  title  12,  part  2  of  the  Penal  Code,  and 
he,  or  any  other  officer  holding  the  inquest  upon  the  bodj-  of  a  deceased 
person,  may  subpoena  a  chemist  to  make  an  analysis  of  the  contents  of 
the  stomach  or  of  the  tissues  of  the  body. 

Public  administrator. 

11.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

Superintendent  of  schools. 

12.  The  superintendent  of  schools,  four  thousand  dollars  per  annum; 
provided,  that  in  counties  of  this  class  there  shall  be  and  hereby  is  al- 
lowed to  the  superintendent  of  schools,  one  assistant  superintendent  of 
schools,  one  chief  deputy  superintendent  of  schools  and  one  deputy  su- 
perintendent of  schools,  all  of  whom  shall  be  appointed  by  the  superin- 
tendent of  schools  of  said  county,  and  whose  salaries  shall  be  as  follows: 
The  salary  of  the  assistant  superintendent  of  schools  shall  be  two  hun- 
dred dollars  per  month;  the  salary  of  the  chief  deputy  superintendent 
of  schools  shall  be  one  hundred  and  fifty  dollars  per  month;  and  that 
of  the  deputy  superintendent  of  schools  shall  be  one  hundred  and  twenty- 
five  dollars  per  month.  The  salaries  shall  be  paid  out  of  the  same  fund 
and  in  the  same  manner  as  the  salary  of  the  superintendent  of  schools 
is  paid. 


§  -1232  POLITICAL   CODE.  624 

Surveyor. 

13.  The  surveyor  shall  receive  a  salary  of  four  thousand  dollars  per 
annum;  provided,  that  in  counties  of  this  class  there  shall  be  and  there 
is  hereby  allowed  to  the  surveyor  one  deputy,  whose  salary  is  hereby 
fixed  at  the  sum  of  twenty-seven  hundred  dollars  per  annum.  The 
salary  of  such  surveyor  shall  be  paid  by  such  county  in  equal  monthly 
installments,  at  the  same  time  and  in  the  same  manner  and  out  of  the 
same  fund  as  the  salaries  of  other  county  officers  are  paid.  All  work 
which  the  surveyor  is  directed  or  charged  to  perform  by  law.  or  by  order 
of  the  board  of  supervisors  of  such  county  shall  be  performed  by  the 
said  surveyor  at  actual  cost;  provided,  however,  that  on  all' such 
work  other  than  block-book  work  hereinafter  provided  for,  transit  men 
and  office  men  when  actually  engaged  on  such  county  work  shall  receive 
a  per  diem  of  not  to  exceed  six  dollars,  and  chain  men  when  actually 
engaged  on  such  county  work  shall  receive  a  per  diem  of  not  to  exceed 
three  dollars;  and  provided,  further,  that  for  the  making,  jilatting.  trac- 
ing, or  otherwise  pre[iaring  maps,  jilats,  or  block-books  for  the  use  of 
the  county  or  any  municipality  within  such  county  there  shall  be  and 
there  hereby  is  allowed  to  the  surveyor  the  following  draftsmen,  who 
shall  be  paid  salaries  as  follows:  One  chief  draftsman,  whose  salary  is 
hereby  fixed  at  the  sum  of  one  hundred  and  seventy-five  dollars  per 
month;  one  assistant  draftsman,  whose  salary  is  hereby  fixed  at  the 
sum  of  one  hundred  and  twenty-five  dollars  per  month;  four  assistant 
draftsmen  for  a  period  not  to  exceed  eight  months  in  any  one  year, 
whose  salaries  are  hereby  fixed  at  the  sum  of  one  hundred  and  twenty- 
five  dollars  per  month  each;  and  provided,  further,  that  the  surveyor 
shall  be  allowed  all  necessary  expenses  for  work  performed  for  the 
county  by  virtue  of  his  office  and  all  necessary  expenses  and  transporta- 
tion for  work  performed  in  the  field.  The  said  surveyor  shall  render  to 
the  auditor  of  said  county  a  monthly  sworn  statement  showing  therein 
the  kind  or  nature  of  work  performed,  the  dates,  amount  paid  to  assist- 
ants and  paid  for  expenses.  The  salary  herein  fixed  for  said  surveyor 
shall  be  in  lieu  of  all  other  fees,  commissions  or  compensations  of  what- 
soever kind  or  nature  for  services  performed  by  said  surveyor  for  said 
county. 

The  deputy,  draftsman  and  assistant  draftsmen  herein  provided  for 
shall  be  appointed  by  the  surveyor  and  their  salaries  shall  be  paid  by 
said  county  in  equal  monthly  installments  at  the  same  time  and  in  the 
same  manner  and  out  of  the  same  fund  as  is  the  salary  of  county  offi- 
cers in  counties  of  this  class. 

Justices  of  the  peace. 

14.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries 
to  be  paid  each  month  and  in  the  manner  and  out  of  the  same  fund 
as  county  officers  are  paid,  which  shall  be  in  full  for  all  services  rendered 
by  thfm  in  criminal  cases  in  townships  having  a  population  of  more 
than  fifty  thousand,  two  hundred  and  twenty-five  dollars;   in  townships 


025  POLITICAL   CODE,  §  4232 

having  a  population  of  twenty-five  thousand  and  less  than  fifty  thou- 
}--and,  two  hundred  dollars;  in  townships  having  a  population  of  fifteen 
thousand  and  less  than  twenty-five  thousand,  one  hundred  and  fifty  dol- 
lars; in  townships  having  a  population  of  less  than  fifteen  thousand, 
seventy  five  dollars;  in  addition  to  the  compensation  received  in  criminal 
cases,  each  justice  of  the  peace  may  receive  and  retain  for  his  own 
use  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law  for  all 
services  performed  by  him  in  civil  actions.  Each  justice  of  the  peace 
must  keep  a  book  open  for  the  inspection  of  the  public  during  office 
hours  in  which  must  be  entered  at  once  and  in  detail  the  amount  of  all 
fines  collected  by  him  in  criminal  cases,  and  on  the  first  Monday  of  each 
and  every  month  he  must  pay  such  fines  so  collected  into  the  county 
treasury  or  city  treasury  as  jjrovided  by  law;  provided,  further,  that 
on  and  after  the  first  Monday  after  the  first  day  of  January,  nineteen 
hundred  and  fifteen,  justices  of  the  peace  shall  pay  into  the  county  treas- 
ury all  fees  of  his  otfice  as  such  justice  of  the  peace  and  shall  receive 
the  following  salary,  to  be  paid  in  equal  monthly  installments,  at  the 
same  time  and  in  the  same  manner  and  out  of  the  same  fund  as  county 
officers  are  paid;  in  townships  having  a  population  of  more  than  seventy- 
^ve  thousand,  four  thousand  dollars  per  annum;  in  townships  having  a 
population  of  forty-five  thousand  and  less  than  seventy-five  thousand, 
twenty-four  hundred  dollars  per  annum;  in  townships  having  a  popula- 
tion of  twenty  thousand  and  less  than  forty-five  thousand,  eighteen 
hundred  dollars  per  annum;  in  townships  having  a  population  of  less 
than  twenty  thousand,  twelve  hundred  dollars  per  annum;  and  provided, 
further,  that  on  and  after  the  first  Monday  after  the  first  day  of  Jan- 
uary, nineteen  hundred  and  fifteen,  the  board  of  supervisors  of  counties 
of  the  third  class  shall  furnish  each  justice  of  the  peace  with  a  suitable 
office  in  which  to  hold  court  and  shall  also  furnish  the  necessary  furni- 
ture, books,  blanks,  and  supplies  for  said  court;  and  provided,  further, 
that  in  townships  having  a  population  of  more  than  seventy-five  thou- 
sand there  shall  be  and  there  is  hereby  allowed  to  the  justice  of  the 
peace,  one  clerk,  which  office  is  hereby  created  who  shall  be  appointed 
by  the  justice  of  the  peace  of  said  township,  subject  to  the  approval 
of  the  board  of  supervisors  of  the  county-  and  whose  salary  is  hereby 
fixed  at  the  sum  of  fifteen  hundred  dollars  per  annum,  payable  in  equal 
monthly  installments  out  of  the  same  fund  and  in'  the  same  manner  and 
at  the  same  time  as  the  salary  of  the  justice  of  the  peace  is  paid.  Said 
clerk  shall  take  the  oath  of  office  prescribed  for  county  officers  and 
give  a  bond  in  the  sum  of  five  thousand  dollars  conditioned  for  the 
faithful  discharge  of  the  duties  of  his  office,  which  bond  shall  be  ap- 
proved and  filed  in  the  same  manner  as  are  bonds  of  county  officers.  He 
shall  keep  a  record  of  the  proceedings  of  said  court  and  issue  all 
processes  ordered  by  the  justice  of  said  court  and  receive  and  pa}^  into 
the  county  treasury  all  fines,  forfeitures  and  fees  paid  into  said  court. 
He  shall  render  each  month  to  the  county  auditor  and  the  county  treas- 
urer, an  exact  account  under  oath  of  all  fines,  forfeitures  and  fees  paid 
40 


§  4232  POLITICAL  CODE.  626 

and  collected  and  he  shall  prepare  bonds,  and  justify  bail  when  the 
amount  has  been  fixed  by  the  court  or  justice  and  may  administer  and 
certify  oaths  and  shall  remain  in  the  courtroom  of  said  court  during 
court  hours  and  during  such  reasonable  times  thereafter  as  may  be 
necessary  for  the  proper  performance  of  his  duty.  He  shall  have  cus- 
tody of  all  records  and  papers  of  said  court.  For  the  purpose  of  this 
section  the  population  of  townships  in  counties  of  this  class  is  hereby 
determined  to  be  the  population  of  such  townships  as  shown  by  the  fed- 
eral census  taken  in  the  year  A.  D.  1910. 

Constables. 

15.  Constables  shall  receive  the  following  monthly  salaries  to  be  paid 
each  month  and  in  the  same  manner  and  out  of  the  same  fund  as  other 
count}'  officers  are  paid,  which  shall  be  in  full  for  all  services  rendered 
by  them  in  criminal  cases  in  townships  having  a  population  of  more 
than  fifty  thousand,  one  hundred  and  fifty  dollars;  in  townships  having 
a  population  of  fifteen  thousand  and  less  than  fifty  thousand,  one  hun- 
dred and  twenty-five  dollars;  in  townships  having  a  population  of  less 
than  fifteen  thousand,  eighty-five  dollars.  In  addition  to  the  compen- 
sation received  in  criminal  cases,  each  constable  may  receive  and  retain 
for  his  own  use  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law  for  all  services  performed  by  him  in  civil  cases;  provided,  that  in 
counties  of  this  class  constables  shall  be  and  they  are  hereby  allowed 
such  expenses  as  are  actually  and  necessarily  incurred  by  them  in  con- 
veying prisoners  to  and  from  the  county  jail;  such  expenses  to  be  item- 
ized and  presented  as  a  claim  against  the  county  and  to  be  audited 
and  allowed  by  the  board  of  supervisors  and  paid  out  of  the  county 
treasury  in  the  manner  as  are  other  claims;  provided,  further,  that 
from  and  after  the  first  Monday  after  the  first  day  of  .January,  1915, 
constables  shall  receive  the  following  monthly  salaries  to  be  paid  each 
month  and  in  the  same  manner  and  out  of  the  same  fund  as  county 
oilicers  are  paid,  which  shall  be  in  full  for  all  services  rendered  by 
them  in  criminal  cases:  In  townships  having  a  population  of  more  than 
seventy-five  thousand,  one  hundred  and  fifty  dollars;  in  townships  hav- 
ing a  population  of  twenty  thousand  and  less  than  seventy  five  thou- 
sand, one  hundred  and  twenty-five  dollars;  in  townships  having  a  popu- 
lation of  less  than  twenty  thousand,  one  hundred  and  fifteen  dollars. 
In  addition  to  the  compensation  received  in  criminal  cases  each  con- 
stable may  receive  and  retain  for  his  own  use  such  fees  as  are  now  or 
may  be  hereafter  allowed  by  law  for  all  services  performed  by  him  in 
civil  cases;  provided,  that  in  counties  of  this  class  constables  shall  b* 
and  they  are  hereby  allowed  such  expenses  as  are  actually  and  neces 
sarily  incurred  by  them  in  conveying  prisoners  to  and  from  the  county 
jail,  such  expenses  to  be  itemizeil  and  presented  as  a  claim  against  the 
county  and  to  be  audited  an.l  allowed  by  the  board  of  supfrvisors  and 
paid  out  of  the  county  treasury  in  the  same  manner  as  are  other  claims. 
For  the  purpose  of  this  section  tl.e  population  of  townships  in  counties 


627  POLITICAL   CODE.  §  4233 

of  this   class  is  hereby   determined   to   be   the   population   of   siuh   town- 
sliips  as  shown  by  the  federal  census  taken  in  the  year  A.  D.  1910. 

Supervisors. 

16.  Each  supervisor,  two  hundred  and  twenty -five  dollars  per  month; 
provided,  that  in  counties  of  this  class  supervisors  charged  ns  road  coni- 
niissioners  with  the  inspection  of  five  hundred  or  more  miles  of  roads 
within  their  respective  districts,  shall  be  and  they  are  hereby  allowed 
their  actual  traveling  expenses  not  to  exceed  the  sum  of  seventy-five 
dollars  in  any  one  calendar  month;  and  provided,  further,  that  in  coun- 
ties of  this  class  supervisors  charged  as  road  commissioners  with  the 
inspection  of  two  hundred  and  fifty  and  not  exceeding  five  hundred  miles 
of  roads  within  their  respective  districts,  shall  be  and  they  are  hereby 
allowed  their  actual  traveling  expenses,  not  to  exceed  fifty  dollars  in 
any  one  calendar  month. 

Fees,  jurors. 

17.  The  fees  of  grand  jurors  in  counties  of  the  third  class  shall  be 
three  dollars,  and  necessary  railway  fare,  in  lawful  money  of  the  United 
States  for  each  and  every  day's  attendance  upon  the  court  or  a  session 
of  the  grand  jury  and  the  fees  of  trial  jurors  in  the  superior  courts  of 
counties  of  the  third  class  in  civil  and  criminal  cases  shall  be  three 
dollars,  and  necessary  railway  fare  in  lawful  money  of  the  United  States 
for  each  and  every  day's  attendance  upon  the  court.  [Amendment  ap- 
proved June   16,   1913;   Stats.   1913,  p.   1314.] 

Also   amended   February   28,    1911    (Stats.    1911,   p.   113),   and   March   23,    1911 
(Stats.  1911,  p.  456),  and  also  January  10,  1912   (Stats.  Ex.  Sess.  1911,  p.  206). 

Counties,  fourth  class — Santa  Clara.     Salaries  of  officers. 

§  4233.  In  counties  of  the  fourth  class,  county  officers  shall  receive 
as  compensation  for  the  services  required  of  them  by  law  or  by  virtue 
of  their  office  the  following  salaries,  to  wit: 

County  clerk. 

1.  The  county  clerk,  thirty-six  hundred  (3600)  dollars  per  annum; 
provided,  that  in  counties  of  this  class  there  shall  be  and  there  hereby 
is  allowed  to  the  county  clerk  one  deputy  county  clerk  w^ho  shall  act 
as  clerk  of  the  probate  department,  who  shall  receive  a  salary  of 
eighteen  hundred  (1800)  dollars  per  annum;  also  one  deputy  county 
clerk  to  act  as  clerk  to  the  board  of  supervisors,  who  shall  receive  a 
salary  of  eighteen  hundred  (ISOO)  dollars  per  annum;  also  one  deputy 
county  clerk  who  shall  be  the  registrar  of  voters  and  who  shall  receive 
a  salary  of  fifteen  hundred  (1.500)  dollars  per  annum;  also  one  deputy 
county  clerk  who  shall  serve  as  general  office  clerk  who  shall  receive  a 
salary  of  fifteen  hundred  (1500)  dollars  per  annum;  also  three  deputy 
county  clerks  who  shall  serve  as  clerks  of  the  several  departments  of 
the  superior  court  who  shall  receive  a  salary  of  thirteen  hundred  and 
eighty    (1380)    dollars   per   annum   each;    also    one    deputy    county'    clerk 


§  4233  POLITICAL   CODE.  628 

who  shall  serve  as  desk  clerk,  who  shall  receive  a  salary  of  thirteen 
hundred  and  eighty  (1380)  dollars  per  annum;  provided,  however,  that 
the  county  clerk  shall  not  be  allowed  the  additional  deputy  provided 
by  section  4290  of  the  Political  Code  of  the  state  of  California;  also 
one  deputy  county  clerk  who  shall  be  "copyist  in  the  probate  depart- 
ment," who  shall  receive  a  salarj'  of  ten  hundred  and  twenty  (1020) 
dollars  per  annum;  the  deputies  herein  provided  for  shall  be  appointed 
by  the  clerk  of  said  county  and  their  salaries  shall  be  paid  by  said 
county  in  equal  monthly  installments  at  the  same  time  and  in  the  same 
majiner  and  out  of  the  same  funds  as  the  salary  of  the  county  clerk; 
provided,  further,  that  in  such  years  as  the  compilation  of  a  great  reg- 
ister of  voters  is  required  by  law  to  be  made  the  said  clerk  may  ap- 
point two  deputies  who  shall  serve  for  a  term  of  twelve  months,  who 
snail  each  receive  a  salary  of  eighty-five  (85)  dollars  per  month,  to  be 
paid  as  are  other  deputies  herein  provided  for;  two  deputies  who  shall 
serve  for  a  term  of  eight  months  who  shall  each  receive  a  salary  of 
eighty-five  (85)  dollars  per  month,  to  be  paid  as  are  other  deputies 
herein  provided  for;  and  two  deputies  who  shall  serve  for  a  term  of 
six  months  who  shall  each  receive  a  salary  of  eighty-five  (85)  dollars 
per  month,  to  be  paid  as  are  other  deputies  herein  pro.-ided  for;  :il>;o 
one  additional  deputy  in  each  voting  precinct  in  the  county,  outside  of 
the  corporate  limits  of  municipalities  containing  twenty-five  thousand 
(25,000)  or  more  inhabitants,  for  the  purpose  of  registering  electors  in 
such  precincts,  who  shall  be  paid  ten  (10)  cents  per  name  for  each 
elector  legally  registered  by  them;  provided,  that  said  county  clerk  may 
be  allowed  the  actual  and  necessary  expenses  incurred  by  him  in  the 
performance  of  his  official  duties,  and  shall  pay  intd  the  county  treas- 
ury all  fees  received  by  him  in  his  official  capacity  from  whatever 
source  they  may  be  derived,  including  fees  allowed  by  the  government 
of  the  United  States  of  America  in  all  matters  pertaining  to  the  nat- 
uralization of  aliens. 

Sheriff. 

2.  The  sheriff,  four  thousand  (4,000)  dollars  per  annum;  provided, 
that  there  shall  be  and  there  hereby  is  allowed  to  the  sheriff  oneurnie 
sheriff  whose  salary  is  hereby  fixed  at  the  sum  of  eighteen  hundred 
(1800)  dollars  per  annum;  also  two  deputies  who  shall  each  receive  a 
salary  of  thirteen  hundred  and  eighty  (1380)  dollars  per  annum;  also 
six  deputies  who  shall  each  receive  a  salary  of  twelve  hundred  (1200) 
dollars  per  annum;  also  one  deputy  who  shall  act  as  matron  of  the 
county  jail  who  shall  receive  a  salary  of  nine  hundred  (900)  dollars 
per  annum.  The  under-sheriff  and  deputies  herein  provided  for  shall 
be  appointed  by  the  sheriff  and  paid  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  funds  as  i<  the  salary  of  the  sheriff;  pro- 
vided, that  said  sheriff  shall  be  allowed  the  actual  and  necessary  ex- 
penses incurred  in  the  performance  of  his  official  duties.  He  shall  pay 
into  the  county  treasury  all  fees  and  mileage  collected  by  him  for  the 
service  of  papers  or  process  issued  by  any  court  of  this  state. 


629  POLITICAL   CODE.  §  4233 

Eecorder. 

3.  The  county  recorder,  thirty-six  hundred  (3600)  dollars  per  annum, 
and  said  recorder  may  appoint  one  deputy  recorder  who  shall  receive 
a  salary  of  eighteen  hundred  (1800)  dollars  per  annum;  one  deputy 
recorder  who  shall  receive  a  salary  of  twelve  hundred  (1200)  dollars 
per  annum;  also  eight  deputy  recorders  who  shall  receive  a  salary  of 
nine  hundred  (900)  dollars  per  annum  each.  The  deputies  herein  pro- 
vided for  shall  be  paid  at  the  same  time  and  in  the  same  manner  and 
out  of  the  same  funds  as  the  county  recorder;  provided,  that  such  re- 
corder may  be  allowed  the  actual  and  necessary  expenses  incurred  by 
him  in  the  performance  of  his  official  duties  and  shall  pay  into  the 
county  treasury  all  fees  received  by  him  in  his  official  capacity  from 
whatever  source  they  may  be  derived. 

Auditor, 

4.  The  county  auditor,  thirty-six  hundred  (3600)  dollars  per  annum, 
and  said  auditor  may  appoint  one  deputy  auditor  who  shall  receive  a 
salary  of  eighteen  hundred  (1800)  dollars  per  annum;  provided,  that 
for  the  purpose  of  performing  the  work  imposed  upon  him  by  law  in 
connection  with  the  annual  assessment  and  collection  of  property  taxes, 
the  auditor  may  be  allowed  five  additional  deputies  for  a  period  of  one 
month  who  shall  each  receive  a  salary  of  one  hundred  (100)  dollars 
per  month  and  four  additional  deputies  for  a  period  of  two  months 
who  shall  each  receive  a  salary  of  one  hundred  (100)  dollars  per  month. 
The  deputies  herein  provided  for  shall  be  paid  at  the  same  time  and 
in  the  same  manner  as  is  the  county  auditor;  provided,  that  such  auditor 
shall  pay  into  the  county  treasury  all  fees  received  by  him  in  his  offi- 
cial  capacity. 

Treasurer. 

5.  The  county  treasurer,  thirty-six  hundred  (3600)  dollars  per  annum, 
and  said  treasurer  may  appoint  one  deputy  treasurer  who  shall  receive 
a  salary  of  eighteen  hundred  (1800)  dollars  per  annum.  All  fees  and 
commissions  collected  by  him  in  his  official  capacity  shall  be  paid 
into  the  county  treasury;  provided,  that  the  county  treasurer  shall  be 
entitled  to  retain  for  his  own  use  the  fees  which  are  now  or  which 
may  hereafter  be  allowed  by  the  state  law  for  the  collection  and  pay- 
ment to  the  state  treasurer  of  inheritance  taxes.  Whenever  the  fees 
received  on  account  of  any  one  estate  paying  inheritance  taxes  shall  ex- 
ceed the  sum  of  two  hundred  (200)  dollars  such  excess  shall  be  by  the 
;ounty  treasurer  paid  into  the  county  treasury  as  in  the  case  of  fees 
received  by  him  from  other  sources.  The  deputy  herein  provided  for 
shall  be  paid  at  the  same  time  and  in  the  same  manner  and  out  of  the 
same   funds   as   is   the   county   treasurer. 

Tax  collector. 

6.  The  tax  collector,  thirty-six  hundred  (3600)  dollars  per  annum, 
and   said  tax  collector  may  appoint   one  deputy  tax  collector  wlio  shall 


§  4233  POLITICAL   CODE.  *  630 

receive  a  salary  of  eighteen  hundred  (1800)  dollars  per  annum;  one  ad- 
ditional deputy  tax  collector  who  shall  receive  a  salary  of  fifteen  hun- 
dred (1500)  dollars  per  annum;  also  seven  additional  deputy  tax  col- 
lectors to  serve  as  such  only  for  a  period  of  two  and  one-half  months 
in  each  year,  and  who  shall  receive  a  salary  of  one  hundred  (100)  dol- 
lars each  per  month;  also  three  additional  deputy  tax  collectors  who 
shall  serve  as  such  only  during  two  months  of  each  year  and  who  shall 
receive  a  salary  of  one  hundred  (100)  dollars  each  per  month;  also 
nine  copyists  who  shall  serve  only  during  one  and  one-half  months  of 
each  year,  and  shall  each  receive  a  salary  of  seventy-five  (75)  dollars 
per  month.  The  deputies  and  copyists  herein  provided  for  shall  be  paid 
at  the  same  time  and  in  the  same  manner  and  out  of  the  same  funds 
as  is  the  salary  of  the  tax  collector;  provided,  that  said  tax  collector 
shall  be  allowed  the  actual  and  necessary  expenses  incurred  by  him  in 
the  performance  of  his  official  duties,  including  the  making  and  com- 
piling of  the  necessary  indices  to  the  assessment-roll,  and  shall  pay 
into  the  county  treasury  all  fees  received  by  him  in  his  official  capacity 
from    whatever   source   they   may   be    derived. 

License  collector. 

7.  The  license  collector,  fifteen  per  cent  of  the  whole  amount  of 
license  collected  by  him;  provided,  that  the  entire  conipen.=ation  of 
said  license  collector  shall  not  exceed  the  sum  of  fifteen  hundred 
(1500)    dollars  per  annum. 

Assessor. 

8.  The  county  assessor,  thirty-six  hundred  (3600)  dollars  per  annum; 
and  said  assessor  may  appoint  one  chief  deputy  assessor  who  shall 
receive  a  salary  of  sixteen  hundred  (1600)  dollars  per  annum;  two 
office  deputy  assessors  who  shall  each  receive  a  salary  of  fifteen  hun- 
dred (1500)  dollars  per  annum,  also  seventeen  deputy  assessors  who 
shall  serve  as  such  during  the  months  of  March,  April,  May  and  June 
of  each  year,  who  shall  each  receive  a  salary  of  one  hundred  (100) 
dollars  per  month,  also  eight  additional  deputy  assessors  who  shall  serve 
as  such  only  during  the  montlis  of  March,  April,  May,  June  and  July 
of  each  year  who  shall  each  receive  a  salary  of  one  hundred  dollars 
per  month,  also  one  draftsman  at  a  salary  of  twelve  hundred  dollars 
per  annum,  and  also  seven  copyists  to  serve  as  such  only  during  four 
months  of  each  year  who  shall  receive  a  salary  of  one  hundred  (100) 
dollars  each  per  month;  provided,  that  the  above  salaries  and  com- 
pensations shall  be  in  full  for  all  services  rendered  by  him  as  such 
assessor  and  tliat  no  commission  for  the  collection  of  state  or  infirmary 
poll  taxes  or  personal  property  taxes  shall  be  retained  by  him  but  that 
all  such  commissions  shall  be  jiaid  into  the  county  treasury.  The 
deputies  and  copyists  and  draftsman  herein  provided  for  shall  be 
paid  at  the  same  time  and  in  the  same  manner  and  out  of  the  same 
fund   as    is   the   county    assessor;    provided,    that    the   assessor   shall    be 


631  POLITICAL    CODE.  §  4233 

allowed  the  actual   and  necessary  expenses  incurred  by  him  in  the  per- 
formance of  his  official  duti.es. 

District  attorney. 

9.  The  district  attorney,  thirty-six  hundred  (3600)  dollars  per  an- 
num; he  may  appoint  a  chief  deputy  at  a  salary  of  twenty-four  hundred 
(2400)  dollars  per  annum;  one  assistant  district  attorney  at  a  salary 
of  eighteen  hundred  (ISOO)  dollars  per  annum;  one  assistant  district 
attorney  at  a  salary  of  fifteen  hundred  (1500)  dollars  per  annum;  and 
a  deputy  district  attorney  at  a  salary  of  fifteen  hundred  (loOO)  dollars 
per  annum;  one  detective  who  shall  serve  at  a  salary  of  fifteen  hun- 
dred (1500)  dollars  per  annum;  provided,  however,  that  no  further 
or  additional  amounts  shall  be  allowed  for  detective  services  without 
the  previous  consent  and  authorization  of  the  board  of  supervisors,  and 
a  clerk  at  a  salary  of  twelve  hundred  (1200)  dollars  per  annum,  all 
of  whom  shall  be  paid  in  the  same  manner  as  said  district  attorney; 
provided,  that  said  district  attorney  shall  be  allowed  the  actual  and 
necessary  expenses  incurred  by  him  in  the  performance  of  his  official 
duties.  All  fees  and  commissions  collected  by  him  shall  be  paid  into 
the  county  treasury. 

Coroner  and  public  administrator. 

10.  The  coroner  and  public  administrator  such  fees  as  are  now  oi 
may   hereafter   be    allowed   by   law. 

Superintendent  of  schools. 

11.  The  county  superintendent  of  schools,  three  thousand  (3000)  dol- 
lars per  annum,  and  the  said  superintendent  of  schools  may  appoint  a 
deputy  superintendent  of  schools  who  shall  receive  a  salary  of  twelve 
hundred  (1200)  dollars  per  annum  and  the  said  superintendent  of 
schools  shall  also  be  paid  his  actual  traveling  expenses  when  visiting 
the  schools  of  the  county.  The  deputy  herein  provided  for  shall  be 
paid  at  the  same  time  and  in  the  same  manner  and  out  of  the  same 
fund  as  is  the  superintendent  of  schools. 

Surveyor. 

12.  The  county  surveyor,  the  sum  of  three  thousand  (3000)  dollars 
per  annum.  Said  surveyor  may  appoint  the  chief  deputy  surveyor  who 
shall  receive  a  salary  of  sixteen  hundred  (1600)  dollars  per  annum, 
also  one  deputy  who  shall  receive  a  salary  of  twelve  hundred  (1200) 
dollars  per  annum;  and  one  deputy  at  nine  hundred  (900)  dollars  per 
annum.  Such  compensation  and  salaries  as  above  set  forth  shall  be 
in  full  for  all  services  as  such  county  surveyor,  and  all  fees  and 
compensation  received  or  collected  by  him  for  surveying  other  than 
for  the  county,  shall  be  paid  into  the  county  treasury;  provided,  that 
said  county  surveyor  shall  be  allowed  all  necessary  transportation  and 
expenses  incurred  by  himself  or  deputies  for  work  performed  in  the 
field,  and  in  the  official  discharge  of  his  duties,  such  salaries  to  be 
paid  at  the  same  time  and  in  the  same  manner  as  the  salaries  of  other 
county  officers  are  paid. 


§  4233  POLITICAL   CODE.  632 

Fish  and  game  warden. 

13.  The  fish  and  game  warden,  twelve  hundred  (1200)  dollars  per 
annum  and  the  actual  and  necessary  expenses  incurred  by  him  in  the 
performance  of  his  official  duties,  not  to  exceed  fifty  (50)  dollars  for 
any   one   month. 

Supervisors. 

14.  The  board  of  supervisors  may  at  any  time  grant  such  additional 
assistance,  or  pay  for  such  additional  employees  or  service  as  it  deems 
necessary  to  perform  any  service  required  by  or  in  connection  with  any 
of  the  foregoing  county  offices  in  counties  of  this  class. 

Justices  of  the  pea«e. 

15.  In  counties  of  this  claF?,  justices  of  the  peace  shall  be  compen- 
sated as  follows  and  all  salaries  shall  be  payable  monthly  in  the  same 
manner   as    the    salaries    of    county    officers    are    paid,    viz.: 

(1)  From  and  after  the  fourth  day  of  .January,  A.  D.  one  thousand 
nine  hundred  and  fifteen,  in  townships  having  a  population  of  twenty 
thousand  or  more,  justices  of  the  peace  shall  each  receive  a  salary  of 
two  hundred  and  fifty  (230)  dollars  per  month  as  full  compensation 
for  all  services  rendered  by  them,  except  as  hereinafter  provi<led;  pro- 
vided, however,  that  in  all  such  townships  having  a  population  of  twenty 
thousand  or  more,  there  shall  be  two  township  justices  of  the  peate 
in  and  for  any  such  townships,  and  said  justices  shall  each  be  allowed 
a  clerk  to  be  appointed  by  the  justices  of  the  peace  at  a  salary  of  one 
hundred  (100)  dollars  per  month,  each,  payable  monthly  in  the  same 
manner  as  salaries  of  county  officers  are  paid,  and  shall  be  furnished 
with  offices  and  necessary  supplies  by  the  board  of  supervisors. 

(2)  From  and  after  the  fourth  day  of  .January,  A.  D.  one  thousand 
nine  hundred  and  fifteen,  in  townships  having  a  population  of  five 
thousand  and  less  than  twenty  thousand,  justices  of  the  peace  shall 
each  receive  a  salary  of  one  hundred  and  thirty-seven  dollars  and 
fifty  cents  ($137.50)  per  month  for  all  services  rendered  by  them,  ex- 
cept as  hereinafter  provided. 

(3)  From  and  after  the  fourth  day  of  .January,  A.  D.,  one  thousand 
nine  hundred  and  fifteen,  in  townships  having  a  population  of  forty- 
four  hundred  and  less  than  five  thousand,  justices  of  the  peace  shall 
each  receive  a  salary  of  one  hundred  and  thirty-five  (135)  dollars  per 
month  as  full  compensation  for  all  services  rendered  by  them,  except 
as  hereinafter  provided. 

(4)  From  and  after  the  fourth  day  of  .January,  A.  D.,  one  thousand 
nine  hundred  and  fifteen,  in  townshi[>s  having  a  population  of  twenty- 
five  hundred  and  less  than  forty-four  hundred,  justices  of  the  peace 
shall  each  receive  a  salary  of  seventy-five  (75)  dollars  per  month  as  full 
compensation  for  all  services  rendered  by  them  except  as  hereinafter 
provided. 

(5)  From  and  after  the  fourth  day  of  .January,  A.  D.  one  thousand 
nine  hundred  and  fifteen,  in  townships  having  a  population  of  one  thou- 


633  POLITICAL   CODE.  §4233 

sand  and  less  than  twenty  five  hundred,  justices  of  the  peace  shall 
each  receive  a  salary  of  fifty  (50)  dollars  per  month  as  full  compen- 
sation for  all  services  rendered  by  them,  except  as  hereinafter  pro- 
vided. 

(6)  From  and  after  the  fourth  day  of  January,  A.  D.  one  thousand 
nine  hundred  and  fifteen,  in  townships  having  a  population  of  less  than 
one  thousand,  justices  of  the  peace  shall  each  receive  a  salary  of  thirty 
(30)  dollars  per  month  as  full  compensation  for  all  services  rendered 
by  them,  except  as  hereinafter  provided. 

.Tustiees  of  the  peace  in  all  townships  in  counties  of  the  fourth  class 
shall  be  permitted  to  receive  and  retain  for  their  own  use,  fees  for 
celebrating  marriages  and  returning  certificates  thereof,  but  all  other 
fees  shall  be  collected  by  them  and  by  them  paid  into  the  county 
treasury   at  least  once  each  month. 

Until  the  fourth  day  of  January,  A.  D.  one  thousand  nine  hundred 
and  fifteen,  the  several  justices  of  the  peace  in  counties  of  the  fourth 
class  shall  receive  the  salaries  and  fees  fixed  and  allowed  for  such 
justices  of  the  peace  respectively  bv  the  provisions  of  this  section 
(4233)  as  amended  May  1,  1911  (chapter  670,  Statutes  of  1911). 

Constables. 

15 1^-  In  counties  of  this  class  constables  shall  be  compensated  as  fol- 
lows, and  all  salaries  herein  provided  shall  be  paid  in  the  same  manner 
as   the   salaries   of    county    officers   are   paid,   viz.: 

(1)  From  and  after  the  fourth  day  of  January,  A.  D.  one  thousand 
nine  hundred  and  fifteen,  in  townships  having  a  population  of  twenty 
thousand  or  more,  constables  shall  each  receive  a  salary  of  one  hundred 
(100)  dollars  per  month  for  all  services  rendered  by  them  in  criminal 
eases.  As  compensation  for  all  services  rendered  in  civil  cases  and 
all  other  matters  wherein  they  may  charge  fees  for  their  services,  a 
constable  may  collect  and  retain  for  his  own  use  as  his  compensation 
such  fees  as  are  now,  or  may  hereafter  b~e  allowed  by  law. 

(2)  From  and  after  the  fourth  day  of  January,  A.  D.  one  thousand 
nine  hundred  and  fifteen,  in  townships  having  a  population  of  five  thou- 
sand and  less  than  twenty  thousand,  constables  shall  each  receive  the 
sum  of  seventy-seven  dollars  and  fifty  cents  ($77.50)  per  month  as  a 
salary  for  all  services  rendered  by  them  in  criminal  cases.  As  com- 
pensation for  all  services  rendered  in  civil  eases  and  in  all  other  mat- 
ters wherein  they  may  charge  fees  for  their  services,  a  constable  may 
collect  and  retain  for  his  own  use  as  his  compensation  such  fees  as  are 
now  or  may  hereafter  be  allowed  by  law. 

(3)  From  and  after  the  fourth  day  of  January,  A.  D.  one  thousand 
nine  hundred  and  fifteen,  in  townships  having  a  population  of  forty- 
four  hundred  and  less  than  five  thousand,  constables  shall  each  receive 
the  sum  of  seventy-seven  dollars  and  fifty  cents  ($77.50)  per  month  as 
a  salary  for  all  services  rendered  by  them  in  criminal  cases,  civil  cases 
and  in  the  performance  of  all  other  duties  imposed  upon  them  by  law. 


§  4233  POLITICAL  CODE.  634 

All  fees  ehargealjle  and  collectible  in  both  criminal  cases,  civil  cases, 
and  in  all  other  cases  wherein  fees  are  chargeable  by  constables,  they 
shall   collect   in   advance   and   pay   monthly   into   the   county   treasury. 

(4)  From  and  after  the  fourth  day  of  January,  A.  D.  one  thousand 
nine  hundred  and  fifteen,  in  townships  having  a  population  of  twenty- 
five  hundred  and  less  than  forty-four  hundred,  constables  shall  each 
receive  the  sum  of  sixty  (60)  dollars  per  month  as  a  salary  for  all 
services  rendered  by  them  in  both  civil  and  criminal  cases.  All  fees 
collected  by  them  in  civil  and  criminal  cases  shall  be  paid  monthly 
by  them  into  the  county  treasury.  For  all  services  performed  by  them, 
they  may  charge  and  retain  for  their  own  use  such  fees  as  are  charge- 
able at  law. 

(5)  From  and  after  the  fourth  day  of  January,  A.  D.  one  thousand 
nine  hundred  and  fifteen,  in  townships  having  a  population  of  one 
thousand  and  less  than  twenty-five  hundred,  constables  shall  each  re- 
ceive the  sum  of  forty  (40)  dollars  per  month  as  salary  for  all  ser- 
vices rendered  in  both  civil  and  criminal  cases.  All  fees  collected  by 
them  in  civil  and  criminal  cases  shall  be  paid  monthly  by  them  into  the 
county  treasury.  For  all  other  services  performed  by  them  they  may 
charge  and  collect  for  their  own  use  such   fees  as   are  allowed  by  law. 

(G)  From  and  after  the  fourth  day  of  January,  A.  D.  one  thousand 
nine  hundred  and  fifteen,  in  townships  having  a  population  of  less  than 
one  thousand,  constables  shall  each  receive  the  sum  of  thirty  (30)  dollars 
per  month  as  a  salary  for  all  services  rendered  by  them  in  both  civil 
and  criminal  cases.  All  fees  collected  by  them  in  both  criminal  and 
civil  cases  shall  be  paid  monthly  into  the  county  treasury.  For  all 
other  services  performed  by  them  they  may  charge  and  collect  for 
their  own  use  such  fees  as  are  allowed  by  law.  Constables  shall  be 
allowed  all  necessary  expenses  incurred  in  conveying  prisoners.  Until 
the  fourth  day  of  January,  A.  D.  one  thousand  nine  hundred  and  fifteen, 
the  several  constables  in  counties  of  the  fourth  class  shall  receive  the 
salaries  and  fees  fixed  and  allowed  for  such  constables,  respectively,  by 
the  provisions  of  this  section  (42;?;^)  as  amended  May  1,  1911,  (cha|tter 
670,  Statutes  1911).  The  population  herein  referred  to  in  classifying 
the  townships  for  the  purpose  of  regulating  the  compensation  of  jus- 
tices of  the  peace  and  constables  shall  be  the  population  found  and 
determined  by  the  federal  census  taken  in  the  year   1910. 

Supervisors. 

16.  Each  supervisor,  two  thousand  four  hundred  (2400)  dollars  per 
annum  and  mileage  of  ten  cents  per  mile  for  each  mile  actually  trav- 
eled in  going  to  and  from  their  residence  to  the  county  seat  or  in  the 
performance  of  the  duties  required  of  them  by  law  or  by  virtue  of 
their  office;  provided,  tliat  in  attending  sessions  of  the  board  only  four 
mileages  shall  be  allowed  for  each  month  and  that  the  total  mileage 
allowed  shall  not  exceed  five  hundred  dollars  in  any  one  calendar  year; 
provided,    that    nothing    in    this    subdivision    shall    be    deemed    to    affect 


635  POLITICAL   CODE.  §  4234 

the  compensation  or  mileage  of  anj'  incumbent  supervisor,  but  said 
incumbent  shall  be  jjaid  such  compensatiou  and  allowed  such  mileage 
as  is   now  provided   and   allowed   by   law. 

Fees,  jurors. 

17.  The  fees  of  grand  jurors  and  trial  jurors  in  the  superior  courts 
of  said  counties  of  the  fourth  class,  in  civil  and  criminal  cases  shall  be 
three  dollars,  in  lawful  money  of  the  United  States,  for  each  day's 
attendance,  and  mileage  to  be  computed  at  the  rate  of  fifteen  cents  per 
mile  for  each  mile  necessarily  traveled  in  attending  court,  in  going 
only.  In  criminal  cases  such  fees  and  mileage  of  said  trial  jurors  in 
the  superior  court  shall  be  paid  by  tBe  treasurer  of  the  county  out 
of  the  general  fund  of  said  county  upon  warrants  drawn  by  the  county 
auditor  upon  the  written  order  of  the  judge  of  the  court  ia  which  said 
juror  was  in  attendance,  and  the  treasurer  of  said  county  shall  pay 
said  warrants.  The  board  of  supervisors  of  said  county  is  hereby 
directed  to  make  suitable  appropriation  for  the  payment  of  the  fees 
herein  provided  for.  [Amendment  approved  June  16,  1913;  Stats.  1913, 
p.   1218.] 

Also    amended   February   28,    1911    (Stats.    1911,   p.    121),    and   May    1,    1911, 

(Stats.   1911,  p.   1282). 

Counties,  fifth  class — Fresno.     Salaries  of  officers. 

§  4234.  In  counties  of  the  fifth  class  the  county  officers  shall  receive 
as  compensation  for  the  services  required  of  them  by  law  or  by  virtue 
of  their   offices  the  following  salaries,  to  wit: 

County  clerk.  ' 

1.  The  county  clerk,  thirty-four  hundred  dollars  per  annum;  he  shall 
have  two  deputies  at  a  salary  of  eighteen  hundred  dollars  each  per 
annum;  four  deputies  at  a  salary  of  fifteen  hundred  doUars  each  per 
annum;  and  two  deputies  at  a  salary  of  twelve  hundred  dollars  each 
per  annum.  He  shall  have  a  registration  clerk  at  a  salary  of  fifteen 
hundred  dollars  per  anuum;  and  shall  also  have  two  copyists  for  a  period 
of  not  to  exceed  ten  months  during  each  and  every  even  numbered 
year,  such  copyists  to  receive  a  salary  of  eighty  dollars  per  month  each 
during  their  said  employment.  The  county  clerk  shall  pay  into  the 
county  treasury'  at  the  close  of  each  month  all  fees  received  by  him 
during  the  month,  accompanied  by  a  statement  of  source  from  whence 
received. 

Sheriff. 

2.  The  sheriff,  six  thousand  dollars  per  annum  and  all  fees  for  the 
service  of  process  issued  without  his  county.  He  shall  have  an  under- 
sheriff  whose  annual  salary  shall  be  eighteen  hundred  dollars;  two  field 
deputies  whose  annual  salary  shall  be  fifteen  hundred  dollars  each; 
one  office  deputy  who  shall  have  charge  of  the  records  made  under 
the   Bertillon   system   and   who   shall   act   as   photographer   and   shall   re- 


§  4234  POLITICAL   CODE.  636 

ceive  an  annual  salary  of  fifteen  hundred  dollars;  and  four  deputies 
whose  salaries  shall  be  twelve  hundred  dollars  each  per  annum.  He 
shall  also  have  for  use  in  his  office  and  under  his  supervision  and  con- 
trol one  stenographer,  which  office  of  stenographer  is  hereby,  by  the 
terms  of  this  act,  expressly  created.  The  said  position  of  stenographer 
to  be  filled  by  the  sheriff  in  the  same  manner  as  deputies  are  appointed 
by  him,  and  said  stenographer  is  to  be  at  all  times  as  to  his  duties 
under  the  supervision  and  control  of  the  sheriff  in  the  same  manner  as 
deputies  of  such  sheriff  are  under  his  supervision  and  control,  which 
said  stenographer  shall  receive  a  salary  of  twelve  hundred  dollars  per 
annum.  He  shall  also  have  for  use  in  his  office  and  under  his  super- 
vision, and  control  a  jailer,  which  office  of  jailer  is  hereby,  by  the 
terms  of  this  act,  exjiressly  created.  The  said  position  of  jailer  to  be 
filled  by  the  sheriff  in  the  same  manner  as  deputies  are  appointed  by 
him  and  said  jailer  is  to  be  at  all  times  as  to  his  duties  under  the 
supervision  and  control  of  the  sheriff  in  the  same  manner  as  deputies 
of  such  sheriff  are  under  his  supervision  and  control,  which  said  jailer 
shall  receive  a  salary  of  twelve  hundred  dollars  per  annum.  He  shall 
p;iy  into  the  county  treasury  all  sums  received  by  him  for  services  of 
processes   issued   within   his   county. 

Recorder. 

3.  The  recorder,  twenty-seven  hundred  dollars  per  annum.  He  shall 
have  two  deputies  wliose  salary  shall  be  eighteen  hundred  dollars  each 
per  annum,  and  two  deputies  whose  salary  shall  be  fifteen  hundred 
dollars  each  per  annum.  lie  shall  have  for  use  in  his  office  and  under 
his  .supervision  and  control  a  statistician  for  compiling  the  vital  sta- 
tistics of  the  county,  which  office  of  statistician  is  hereby,  by  the  terms 
of  this  act,  expressly  created.  The  said  position  of  statistician  to  be 
filled  by  the  recorder  in  the  same  manner  as  deputie's  are  appointed 
by  him,  and  eaid  statistician  is  to  be  at  all  times  as  to  his  duties 
under  the  supervision  and  control  of  the  recorder  in  the  same  manner 
as  de[iutios  of  such  recorder  are  under  his  supervision  and  control, 
which  said  statistician  is  to  receive  a  salary  of  twelve  hundred  dollars 
per  annum.  He  shall  have  for  use  in  his  office  and  under  his  super- 
vision and  control  an  abstract  clerk,  which  office  of  abstract  clerk  is 
hereby,  by  the  terms  of  this  act,  expressly  created.  The  said  position 
of  abstract  clerk  to  be  filled  by  the  recorder  in  the  same  manner  as 
deputies  are  appointed  by  him  and  said  abstract  clerk  is  to  be  at  all 
times  as  to  his  duties  under  the  supervision  and  control  of  the  re- 
corder in  the  same  manner  as  deputies  of  such  recorder  are  under  his 
supervision  and  control,  which  said  abstract  clerk  is  to  receive  a  salary 
of  fifteen  hundred  dollars  per  annum.  He  shall  have  such  copyists  as 
are  necessary  to  perform  the  duties  of  the  office  at  a  compensation  of 
six  cents  per  folio. 

Auditor. 

•1.  The  auditor,  twenty-seven  hundred  dollars  per  annum,  and  one 
deputy  at  an  annual  salary  of  eighteen  hundred  dollars,  and  one  deputy 


637  POLITICAL    CODE.  §  423  i 

at  an  annual  salary  of  twelve  hundred  dollars.  He  shall  have  for  use 
in  his  office  and  under  his  supervision  and  control  a  redemption  clerk, 
which  office  of  redemption  clerk  is  hereby,  by  the  terms  of  this  act, 
expressly  created.  The  said  position  of  redemption  clerk  to  be  filled 
by  the  auditor  in  the  same  manner  as  deputies  are  appointed  by  him 
and  said  redemption  clerk  is  to  be  at  all  times  as  to  his  duties  under 
the  supervision  and  control  of  the  auditor  in  the  same  manner  as  depu- 
ties of  such  auditor  are  under  his  supervision  and  control,  which  said 
redemption  clerk  is  to  receive  a  salary  of  twelve  hundred  dollars  per 
annum,  lie  maj^  also  employ  two  additional  deputies  for  a  period  of 
two  months  during  each  year,  such  additional  deputies  to  receive  a 
salary  of  one  hundred  dollars  per  month  during  their  said  employment. 

Treasurer. 

5.  The  treasurer,  twenty-seven  hundred  dollars  per  annum.  He  shall 
have  one  deputy  at  a  salary  of  eighteen  hundred  dollars  per  annum, 
and  one  deputy  at  a  salary  of  twelve  hundred  dollars  per  annum. 

Tax  collector. 

6.  The  tax  collector,  twenty-seven  hundred  dollars  per  annum.  He 
shall  have  one  deputy  who  shall  act  as  cashier  and  receive  eighteen 
hundred  dollars  per  annum;  one  deputy,  who  shall  receive  fifteen  hun- 
dred dollars  per  annum;  and  two  deputies  at  an  annual  salary  of  twelve 
hundred  dollars  each.  He  shall  have  for  use  in  his  office  and  under  his 
supervision  and  control  a  bookkeeper,  which  office  of  bookkeeper  is 
hereby,  by  the  terms  of  this  act,  expressly  created.  The  said  position 
of  bookkeeper  to  be  filled  by  the  tax  collector  in  the  same  manner  as 
deputies  are  appointed  by  him  and  said  bookkeeper  to  be  at  all  times 
as  to  his  duties  under  the  supervision  and  control  of  the  tax  collector 
in  the  same  manner  as  the  deputies  of  such  tax  collector  are  under 
his  supervision  and  control,  which  said  bookkeeper  is  to  receive  a 
salary  of  fifteen  hundred  dollars  per  annum.  He  shall  have  for  use 
in  his  office  and  under  his  supervision  and  control  a  stenographer,  which 
office  of  stenographer  is  hereby,  by  the  terms  of  this  act,  expressly  cre- 
ated. The  said  position  of  stenographer  to  be  filled  by  the  tax  col- 
lector in  the  same  manner  as  deputies  are  appointed  by  him,  and  said, 
stenographer  to  be  at  all  times  as  to  his  duties  under  the  supervision 
and  control  of  the  tax  collector  in  the  same  manner  as  deputies  of  such 
tax  collector  are  under  his  supervision  and  control,  which  said  stenog- 
rapher is  to  receive  a  salary  of  nine  hundred'  dollars  per  annum.  He 
shall  also  have  three  additional  deputies  for  a  period  not  to  exceed 
three  months  during  each  year  at  a  salary  of  one  hundred  dollars  per 
month  each. 

Assessor. 

7,.  The  assessor  shall  receive  four  thousand  dollars  per  annum  for  all 
services  rendered  as  assessor.  He  shall  have  one  deputy  at  an  annual 
salary  of  eighteen  hundred  dollars.  He  shall  have  for  use  in  his  office 
and    under    his    supervision    and    control    a    draftsman,    which    office    of 


§  4234  POLITICAL   CODE.  638 

draftsman  is  hereby,  b}'^  the  terms  of  this  act,  expressly  created,  and 
whose  duty  it  shall  be  to,  under  the  supervision  and  control  of  the 
assessor,  prepaae  for  use  in  said  office  proper  books,  blanks,  maps,  and 
plat  books;  said  position  of  draftsman  to  be  filled  by  the  assessor  in 
the  same  manner  as  deputies  are  appointed  by  him,  and  said  draftsman 
is  to  be  at  all  times  as  to  his  duties  under  the  supervision  and  control 
of  said  assessor,  the  same  as  deputies  of  such  assessor  are  under  his 
supervision  and  control,  which  said  draftsman  shall  receive  a  salary 
of  twelve  hundred  dollars  per  annum;  and  he  shall  have  not  exceeding 
twenty-five  deputies  for  three  months  in  each  j-ear,  whose  per  diem 
shall  be  four  dollars  each  when  actually  employed,  and  eight  deputies 
for  six  months  at  a  per  diem  of  four  dollars  when  actually  employed. 
He  shall  have  four  copyists  for  a  period  of  six  months  each  at  seventy- 
five  dollars  per  month  each  during  such  time  and  shall  also  have  a 
stenographer  at  an  annual  salary  of  nine  hundred  dollars.  All  sums 
collected  by  the  assessor  or  his  deputies,  as  personal  property  taxes 
shall  be  paid  into  the  county  treasury  monthly  as  collected,  with  a  state- 
ment of  account  of  such  collections. 

Fees,  jurors. 

8.  In  counties  of  this  class  grand  and  trial  .iurors  shall  receive  three 
dollars  per  day  while  engaged  in  the  performance  of  the  duties  required 
of  them,  and  in  addition  thereto  shall  receive  the  mileage  now  allowed 
by  law. 

District  attorney. 

9.  The  district  attorney,  thirty-six  hundred  dollars  per  annum.  He 
shall  have  one  deputy  at  a  salary  of  twenty-four  hundred  dollars  per 
annum,  and  two  deputies  at  a  salary  of  eighteen  hundred  dollars  per 
annum  each.  He  shall  also  have  a  detective  at  a  salary  of  one  hundred 
and  ten  dollars  per  month.  He  shall  have  for  use  in  his  office  and 
under  his  supervision  and  control  a  stenographer,  which  office  of  stenog- 
rapher is  hereby,  by  the  terms  of  this  act,  expressly  created.  The  said 
position  of  stenographer  to  be  filled  by  the  district  attorney  in  the 
same  manner  as  deputies  are  appointed  by  hira  and  said  stenographer 
to  be  at  all  times,  as  to  his  duties,  under  the  supervision  and  control 
of  the  district  attorney  in  the  same  manner  as  deputies  of  such  district 
attorney  are  under  his  supervision  and  control.  Said  stenographer  shall 
receive  a  salary  of  twelve  hundred  dollars  per  annum  and  shall  receive 
no  other  compensation  by  reason  of  services  rendered  as  a  stenographic 
reporter  in  any  action  or  proceeding  wherein  the  fees  or  per  diem  of  a 
stenogiaphic  reporter  constitute  a  charge  against  the  county. 

Coroner. 

10.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed 
by  law. 

Public  administrator. 

11.  The  public  administrator,  such  fees  as  are  now  or  may  hereafter  be 
allowed  bv  law. 


639  POLITICAL   CODE.  §  4234 

Superintendent  of  schools. 

12.  The  superintendent  of  schools,  two  thousand  seven  hundred  dollars 
per  annum.  He  shall  have  one  deputy  at  an  annual  salary  of  eighteen 
hundred  dollars  and  one  deputy  at  an  annual  salary  of  fifteen  hundred 
dollars.  He  shall  have  for  use  in  his  office  and  under  his  supervision 
and  control  one  assistant  superintendent,  which  office  of  assistant  super- 
intendent is  hereby,  by  the  terms  of  this  act,  expressly  provided.  The 
said  position  of  assistant  superintendent  to  be  filled  by  the  superin- 
tendent of  schools  in  the  same  manner  as  deputies  are  appointed  and 
said  assistant  superintendent  of  schools  to  be  at  all  times  as  to  his 
duties  under  the  supervision  and  control  of  the  superintendent  of 
schools,  which  said  assistant  superintendent  is  to  receive  a  salary  of 
eighteen  hundred  dollars  per  annum.  The  superintendent  and  assistant 
superintendent  shall  be  allowed  actual  traveling  expenses  when  visiting 
the  schools  in  the  county. 

Surveyor. 

13.  The  surveyor,  two  thousand  dollars  per  annum  in  full  compensa- 
tion for  all  services  as  county  surveyor,  as  road  viewer  or  inspector 
and  his  actual  expenses  when  at  work  in  the  field.  He  shall  have  one 
deputy  at  an  annual  salary  of  eighteen  hundred  dollars   per  annum. 

Population  of  townships,  how  determined. 

14.  The  registered  population  of  tlie  several  judicial  townships  of  this 
count}'  is  hereby  determined  to  be  the  registered  votes  as  shown  by 
the  great  register  of  the  county  in  the  office  of  the  county  clerk 
January  first,  nineteen  hundred  and  thirteen.  The  salaries  of  the  con- 
stables in  the  several  townships  shall  be  determined  by  the  registered 
voting  population  as  shown  by  said  register  at  the  general  election 
of  the  preceding  even  numbered  j-ear  as  follows,  to  wit: 

Judicial  Township  No.     1 375 

Judicial  Township  No.     2 1,029 

Judicial  Township  No.     3 16,544 

Judicial  Township  No.     4 1,499 

Judicial  Township  No.     5 1,699 

Judicial   Township  No.     6 3,756 

Judicial  Township  No.     7 1,884 

Judicial  Township   No.     8 1,626 

Judicial  Township  No.     9 731 

Judicial  Township  No.  10 624 

Judicial  Township  No.  11 815 

Judicial  Township  No.   12 • 436 

Judicial  Township  No.  13 715 

Judicial  Township  No.  14 531 

The  board  of  supervisors  shall  determine  the  population  of  each  town- 
ship for  the  purpose  of  fixing  the  salary  of  the  township  officers  afore- 
said in  the  month  of  December  biennially. 


§  4234  POLITICAL   CODE.  •     640 

Townships  how  classiSed. 

I4a.  For  the  purpose  of  regulating  the  compensation  of  the  constables 
and  justices  of  the  peace,  townships  of  this  class  of  counties  are  hereby 
classified  according  to  the  registered  voting  population  as  shown  bv  the 
great  register  of  the  county.  Townships  having  a  registered  voting  pop- 
ulation of  ten  thousand  and  more  shall  belong  to  and  be  known  as  town- 
ships of  the  first  class;  townships  having  a  like  population  of  one 
thousand  four  hundred  and  fifty  and  less  than  ten  thousand  shall  belong 
to  and  be  known  as  townships  of  the  second  class;  townships  having  a 
like  population  of  six  hundred  and  less  than  one  thousand  four  hundred 
and  fifty  shall  belong  to  and  be  known  as  townships  of  the  third  class; 
townships  having  a  like  population  of  less  than  six  hundred  shall  belong 
to  and  be  known  as  townships  of  the  fourth  class. 

Justices  of  the  peace. 

]  lb.  Persons  now  holding  the  office  of  justice  of  the  peace  and  persons 
now  performing  the  duties  of  justices  of  the  peace  shall  during  the 
terms  for  which  they  were  elected  receive  the  following  monthly  salaries 
to  be  paid  each  month  as  the  county  officers  are  paid,  and  the  same  shall 
be  in  full  compensation  for  all  services  rendered  in  criminal  cases  and 
shall  include  their  office  rent,  to  wit: 

In  townships  of  the  first    class $2f10 

In  townships  of  the  second    class li'O 

In  townships  of  the  third    class 75 

In  townships  of  the  fourth     class 60 

In  addition  to  the  monthly  salaries  herein  allowed  each  justice  of  the 
peace  now  holding  office  may  during  the  term  for  which  he  was  elected 
receive  and  retain  for  his  own  use  sucli  fees  as  are  now  or  may  hereafter 
be  allowed  by  law  for  all  services  rendered  by  him  in  criminal  actions. 
From  and  after  the  expiration  of  the  terms  of  office  of  justices  of  the 
peace  now  holding  office,  justices  of  the  peace  and  persons  performing 
the  duties  of  justices  of  the  peace  shall  receive  the  following  monthly 
salaries  to  be  paid  each  month  as  the  county  officers  are  paid,  and  the 
same  shall  be  in  full  coni]ieiisation  for  all  services  rendered  in  criminal 
cases  and  shall  include  their  office  rent,  to  wit: 

In  townships  of  the  first   class $'2iio 

Tn   townships  of  the  second    class 75 

In  townships  of  the  third   class 60 

In  townships  of  the  fourth   class oU 

In  addition  to  the  monthly  salaries  last  above  specified  each  justice 
of  the  peace  may  receive  and  retain  for  his  own  use  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law  for  all  services  rendered  by 
him  in  civil  actions  excepting,  however,  justices  of  the  peace  in  town- 
ships of  the  first  class  which  justices  of  the  peace  shall  pay  to  the  county 
treasurer  once  a  month  all  fees  collected  by  them  in  civil  actions  and 
shall  be  resjionsible  for  the  collection  and  payment  to  the  county  treas- 
urer of  all  such  civil  fees  as  herein  provided.     All  justices  of  the  peace 


641  POLITICAL   CODE.  §  4234 

in  townships  of  this  class  of  counties  must  pay  into  the  county  treasury 
once  a  month  all  fines  collected  by  them  in  criminal  actions. 

Constables. 

15.  Constables  now  holding  office  shall  during  the  terms  for  which 
they  were  elected  receive  the  following  monthly  salaries  to  be  paid  each 
month  as  the  county  officers  are  paid  and  to  be  in  full  compensation 
for  all  services  rendered   by  them  in  criminal   cases,  to  wit: 

In  townships  of  the  first   class $125 

In  townships  of  the  second    class 100 

In  townships  of  the  third    class 75 

In  townships  of  the  fourth   class 60 

From  and  after  the  expiration  of  the  terms  of  office  of  constables 
now  holding  office  constables  shall  receive  the  following  monthly  salaries 
to  be  paid  each  month  as  the  county  officers  are  paid  and  to  be  in  full 
compensation  for  all  services  rendered  by  them  in  criminal  actions, 
to  wit: 

In  townships  of  the  first   class $100 

In  townships  of  the  second    class 75 

In  townships  of  the  third   class 60 

In  townships  of  the  fourth   class 50 

In  addition  to  the  monthly  salaries  above  provided  each  constable 
may  receive  and  retain  for  his  own  use  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law  for  all  services  rendered  by  him  in  civil 
cases,  and  shall  also  be  allowed  all  necessary  expenses  actually  incurred 
in  arresting  and  conveying  prisoners  to  court  or  prison,  which  expenses 
shall  be  audited  by  the  board  of  supervisors  and  paid  out  of  the 
county  treasury;  provided,  further,  that  where  any  constable  is  required 
to  go  out  of  his  own  county  to  serve  a  warrant  of  arrest  or  any  other 
paper  in  a  criminal  case,  he  shall  be  allowed  mileage  in  going  and 
returning  outside  of  his  own  county  at  the  rate  of  five  cents  per  mile. 

Supervisors. 

16.  The  supervisors  shall  receive  each  the  sum  of  eighteen  hundred 
dollars  per  annum,  payable  monthly  in  installments  of  one  hundred  and 
fifty  dollars  per  month,  in  full  compensation  for  all  services  rendered, 
either  as  supervisors  or  road  overseers. 

Salaries  payable  monthly. 

17.  The  salaries  of  all  county  and  township  officers  and  their  deputies 
shall  be  payable  in  installments  monthly  on  the  first  day  of  each  month. 
[Amendment  approved  June   16,   1913;   Stats.   1913,   p.   1253.] 

Also  amended  February  28,   1911    (Stats.  1911,  p.  129),  April  5,  1911    (Stats. 
1911,  p.   674),  and  January  12,   1912    (Stats.   Ex.   Sess.   1911,  p.   225). 

41 


§  4235  POLITICAL   CODE.  642 

Counties,  sixth  class — Sacramento.     Salaries  of  officers. 

§  4235.  In  counties  of  the  sixth  class  the  county  oflficers  shall  receive 
as  compensation  for  the  services  required  of  them  by  law,  or  by 
virtue  of  their  office,  the  following  salaries,  to  wit: 

County  clerk, 

1.  The  county  clerk,  three  thousand  six  hundred  dollars  per  annum, 
and  also  such  compensation  as  is  now  or  may  hereafter  be  allowed  by 
law;  provided,  that  in  counties  of  this  class  there  shall  be  and  there 
is  hereby  allowed  to  the  county  clerk,  the  following  deputies,  clerks  and 
assistants,  to  be  appointed  by  said  county  clerk,  which  positions  are 
hereby  created,  and  the  salaries  of  which  are  hereby  fixed  as  follows: 
one  chief  deputy  county  clerk,  twenty-one  hundred  dollars  per  annum; 
two  additional  deputies,  fifteen  hundred  dollars  each  per  annum;  two 
deputies  to  act  as  index  clerks,  twelve  hundred  dollars  each  per  annum; 
two  deputies  to  act  as  stenographers,  twelve  hundred  dollars  each  per 
annum;  three  deputies  to  act  as  copyists,  twelve  hundred  dollars  each 
per  annum;  three  court  room  clerks,  one  thousand  five  hundred  dollars 
each  per  annum;  one  deputy  who  shall  be  the  registrar  of  voters,  two 
thousand  four  hundred  dollars  per  annum;  one  deputy  who  shall  be  the 
assistant  registrar  of  voters,  fifteen  hundred  dollars  per  annum;  and 
a  deputy  or  deputies  not  to  exceed  five,  for  the  purpose  of  registering 
electors,  to  be  j>aid  not  to  exceed  four  dollars  per  diem  each;  provided, 
that  said  deputies  so  employed  for  registering  electors  shall  not  be 
employed  except  during  a  year  when  a  general  election  is  to  be  held 
throughout  the  state  and  then  only  between  the  first  day  of  February 
and  the  fifteenth  day  of  November  of  said  year;  and  such  deputies  as 
may  be  needed  for  the  purpose  of  registering  electors  in  precincts 
outside  of  the  corporate  limits  of  municipalities  containing  twenty-five 
thousand  or  more  inhabitants,  who  shall  be  paid  fifteen  cents  per  name 
for  each  person  legally  registered  by  such  deputy;  provided,  further, 
that  whenever  a  municipal,  special  state,  or  special  county  election,  is 
held,  the  county  clerk,  in  counties  of  this  class,  shall  be,  anil  he  is 
hereby  allowed  the  following  additional  help:  five  clerks  for  a  period  of. 
and  not  exceeding,  sixty  days,  preceding  such  elections,  whose  salaries 
shall  not  exceed  four  dollars  per  diem  each.  The  salaries  and  compensa- 
tions of  each  of  said  deputies,  clerks  anil  assistants  to  be  paid  out  of 
the  county  treasury  in  equal  monthly  installments  in  the  same  manner 
and  at  the  same  time  as  other  county  officials  are  paid. 

Sheriff, 

2.  The  sheriff  shall  receive  three  thousand  six  hundred  dollars  per 
annum  salary;  the  sheriff  shall  also  receive  for  his  own  use  the  fees 
for  mileage  which  are  now,  or  which  may  hereafter,  be  allowed  by  law, 
and  the  fees  and  commissions  for  the  service  of  all  papers  whatsoever 
issued  by  any  court  of  the  state  outside  of  said  county,  and  shall 
also  receive  his  necessary  expenses  in  all  criminal  cases.  The  sheriff 
shall    also    be    paid    twelve    and    one-half    cents    per    meal    each    for    all 


643  POLITICAL   CODE.  §  4235 

meals  furnished  prisoners  confined  in  the  county  jail.  That  in  counties 
of  this  class  there  shall  be  and  there  is  hereby  allowed  to  the  sheriff 
the  following  deputies,  jailers  and  bailiffs,  to  be  appointed  by  the  said 
sheriff  which  positions  are  hereby  created  and  the  salaries  of  which  are 
hereby  fixed   as  follows: 

One  deputy  who  shall  act  as  under-sheriff  at  a  salary  of  twenty-one 
hundred  dollars  per  annum;  three  deputies  who  shall  act  as  jailers  at 
a  salary  of  thirteen  hundred  and  twenty  dollars  per  annum  each;  three 
de]iuties  who  shall  act  as  criminal  deputies  at  a  salary  of  fifteen  hun- 
dred dollars  per  annum  each  and  three  deputies  who  shall  act  as  bailiffs 
at   a  salary   of  thirteen   hundred   and   twenty   dollars   per  annum   each. 

One  matron  to  attend  female  prisoners  at  a  salary  of  ninety  dollars 
($90)  per  month;  one  engineer  or  fireman  to  attend  to  the  heating 
apparatus  of  the  county  jail  at  a  salary  of  ninety  dollars  f$90)  per 
month. 

All  deputies  herein  mentioned  shall  be  paid  at  the  same  time  and 
manner  that  their  principal  is  paid. 

Recorder. 

3.  The  recorder,  three  thousand  six  hundred  dollars  per  annum;  pro- 
vided, that  in  counties  of  this  class  there  shall  be  and  there  is  hereby 
allowed  to  the  recorder,  which  said  positions  are  hereby  created,  the 
following  deputies,  clerks  and  copyists,  who  shall  be  appointed  by  such 
recorder  and  shall  be  paid  salaries  and  compensations  as  follows:  one 
chief  deputy,  at  a  salary  of  two  thousand  one  hundred  dollars  per 
annum;  one  comparing  clerk  at  a  salary  of  fifteen  hundred  dollars  per 
annum;  one  mortgage  clerk,  at  a  salary  of  twelve  hundred  dollars 
per  annum;  one  index  clerk,  at  a  salary  of  fifteen  hundred  dollars  per 
annum.  Said  recorder  may  also  appoint  such  copyists,  not  to  exceed 
four,  as  may  be  required  for  the  recording  of  all  papers,  notices  or 
documents  in  his  office,  who  shall  receive  as  compensation  for  their  ser- 
vices, the  sum  of  twelve  hundred  dollars  each  per  annum;  said  recorder 
may  also  appoint  two  filing  clerks,  at  a  salary  of  twelve  hundred  dollars 
each  per  annum.  The  salaries  and  compensations  of  all  deputies,  clerks 
and  copyists  herein  provided  for,  each  of  whom  shall  be  a  deputy  county 
recorder,  shall  be  paid  by  said  county  in  monthly  installments,  at  the 
same  time  and  in  the  same  manner  and  out  of  the  same  fund  as  the 
salary  of  the   county  recorder  is  paid. 

Auditor. 

4.  The  auditor,  three  thousand  six  hundred  dollars  per  annum;  pro- 
vided, that  in  counties  of  this  class  there  shall  be,  and  there  is  hereby 
allowed,  to  the  auditor,  which  said  positions  are  hereby  created,  the 
following  deputies  who  shall  be  appointed  by  the  auditor  of  such  county, 
and  shall  be  paid  salaries  and  compensation  as  follows:  one  chief 
deputy  at  a  salary  of  twenty-one  hundred  dollars  per  annum;  one  re- 
demption and  index  deputy  at  a  salary  of  eighteen  hundred  dollars  per 
annum;    one    warrant    deputy    at    a    salary    of    eighteen    hundred    dollars 


§  4235  '  POLITICAL   CODE.  644 

per  annum,  and  such  additional  assistants  as  the  auditor  may  require 
and  whose  compensation  shall  not  exceed  nine  hundred  dollars  per 
annum  in  the  aggregate  for  all  assistance  so  rendered;  provided,  that 
a  verified  statement  showing  in  detail  the  amounts  paid  and  the  persons 
to  whom  and  the  purpose  for  which  such  compensation  has  been  paid 
for  such  additional  assistants,  as  aforesaid,  shall  be  filed  with  the  county 
clerk,  and  the  auditor  shall  certify  thereon  to  the  correctness  of  said 
claim.  The  salaries  herein  provided  for  shall  be  paid  by  the  said 
county  in  equal  monthly  installments  at  the  same  time  and  in  the 
same  manner  and  out  of  the  same  fund  as  the  salary  of  the  auditor 
is  paid. 

Treasurer. 

5.  The  treasurer,  thirty-six  hundred  dollars  per  annum;  provided,  that 
in  counties  of  this  class  there  shall  be  and  there  is  hereby  allowed  the 
following  deputies,  to  be  appointed  by  said  treasurer,  which  positions 
arc  hereby  created:  one  deputy  who  shall  be  the  assistant  treasurer  who 
shall  receive  a  salary  of  twenty-one  hundred  dollars  per  annum;  one 
deputy  to  act  as  warrant  clerk  at  a  salary  of  eighteen  hundred  dollars 
per  annum,  the  salaries  of  each  said  assistant  and  clerk  to  be  paid  out 
of  the  county  treasury  in  equal  monthly  installments  in  the  same  man 
ner  and  at  the  same  time  as  other  county  oflfiiials.  It  is  hereby  furthei 
provided  that  in  counties  of  this  class  the  treasurer  shall  re«eive  the 
commission  heretofore  or  hereafter  allowed  by  law. 

Tax  collector. 

G.  The  tax  collector,  three  thousand  dollars  per  annum;  provided,  that 
in  counties  of  this  class  there  shall  be  and  there  is  hereby  allowed  to 
the  tax  collector,  the  following  deputies,  bookkeepers  and  assistants  to 
be  appointed  by  said  tax  collector,  which  positions  are  hereby  createil: 
one  chief  deputy  at  a  salary  of  eighteen  hundred  dollars  per  annum;  one 
otlice  deputy  at  a  salary  of  fifteen  hundred  dollars  ]>er  annum  and 
one  bookkeeper  at  a  salary  of  fifteen  hundred  dollars  per  annum;  and 
one  dejiuty,  which  oflBce  is  hereby  created,  who  shall  be  correspondence 
and  mail  clerk  at  a  salary  of  twelve  hundred  dollars  per  annum;  pro- 
vided, further,  that  the  tax  collector  shall  have  two  additional  deputy 
tax  collectors  to  serve  as  such  for  a  period  of  six  months  in  each  year 
and  who  shall  receive  a  salary  of  one  hundred  dollars  per  month,  also 
three  additional  deputy  tax  collectors  to  serve  as  such  for  a  period  of 
three  months  in  each  year  and  who  shall  receive  a  salary  of  one  hun- 
dred dollars  each  per  month,  also  one  additional  deputy  tax  collei-tor  to 
serve  as  cashier  for  two  months  in  each  year  and  who  shall  receive  a 
salary  of  one  hundred  dollnrs  each  per  month  all  of  which  shall  be  paid 
by  the  county.  The  salaries  of  all  deputies,  assistants,  and  bookkeepers 
herein  provided  for  shall  be  paid  by  the  said  county  in  equal  monthly 
installments  at  the  same  time  and  in  the  same  manner  and  out  of  the 
same  fund  as  the  tax  collector  is  paid. 


645  POLITICAL   CODE.  §  4235 

License  collector. 

7.  The  license  collector,  one  thousand  eight  hiinilred  dollars  per  annum. 
Said  license  collector  shall  be  allowed  the  actual  and  necessary  expenses 
incurred  by  him  in  the  performance  of  his  official  duties  and  he  shall 
pay  into  the  county  treasury  all  foes  received  by  him  in  his  official 
cajiacity  from  whatever  source  they  may  be  derived. 

Assessor. 

8.  The  assessor  four  thousand  dollars  per  annum;  provided,  that  in 
counties  of  this  class  there  shall  be  and  there  hereby  is  allowed  to  the 
assessor  the  following  deputies,  clerks  and  assistants,  to  be  appointed 
by  said  assessor,  which  positions  are  hereby  created,  and  the  salaries 
of  which  are  hereby  fixed  as  follows:  one  assistant  county  assessor  at 
twenty-one  hundred  dollars  per  annum;  one  chief  deputy  assessor, 
eighteen  hundred  dollars  per  annum;  one  offic§  deputy  assessor,  fifteen 
hundred  dollars  per  annum;  one  city  real  estate  valuation  deputy,  fifteen 
hundred  dollars  per  annum;  one  country  real  estate  valuation  deputy, 
for  not  exceeding  eight  months  in  any  one  year,  at  a  salar}'  of  one  hun- 
dred and  twenty-five  dollars  per  month;  one  mortgage  and  transfer 
assistant  assessor,  twelve  hundred  dollars  per  annum;  one  field  deputy 
assessor,  for  not  exceeding  six  months  in  any  one  year,  at  a  salary  of 
one  hundred  and  twenty-five  dollars  per  month;  one  head  country  field 
deputy,  jfior  not  exceeding  four  months  in  any  one  year,  at  a  salary  of 
one  hundred  and  fifty  dollars  per  month;  one  head  city  field  deputy,  for 
not  exceeding  four  months  in  any  one  year  at  a  salary  of  one  hundred 
and  twenty-five  dollars  per  month;  six  field  deputy  assessors,  for  not 
exceeding  four  months  in  any  one  year,  at  a  salary  of  one  hundred  and 
twenty-five  dollars  each  per  month;  ten  field  deputy  assessors,  for  not 
exceeding  four  months  in  any  one  year,  at  a  salary  of  one  hundred  dol- 
lars per  month  each;  two  clerks,  for  not  exceeding  two  months  in  any 
one  3'ear,  at  a  salary  of  one  hundred  dollars  each  per  month.  The 
salaries  of  the  assistant  county  assessor,  chief  deputy  assessor,  office 
deputy  assessor,  city  real  estate  valuation  deputy,  country  real  estate 
valuation  deputy,  head  country  field  deputy,  head  city  field  deputy, 
clerks,  mortgage  and  transfer  assistant  assessor,  and  field  deputy  asses- 
sors herein  provided  for  shall  be  paid  by  the  said  county  in  monthly  in- 
stallments at  the  same  time,  manner  and  out  of  the  same  fund  as  the 
county  assessor  is  paid.  It  is  hereby  further  provided  that  in  counties 
of  this  class  the  assessor  shall  receive  no  commission  for  his  collection 
of  taxes  on  personal  property,  nor  shall  such  assessor  receive  any  com- 
pensation or  commission  for  the  collection  of  poll  taxes  or  road  poll  taxes. 

District  attorney. 

9.  The  district  attorney,  five  thousand  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be,  and  there  is  hereby  created 
and  allowed  to  the  district  attorney,  the  following  assistant,  deputies 
and  employees,  who  shall  be  appointed  by  the  district  attorney  of  said 
county,    and   who   shall   be    paid    salaries    as   follows:    one   assi'stant   dis- 


§  4235  POLITICAL   CODE,  646 

trict  attorney,  whose  salary  is  hereby  fixed  at  the  sum  of  thirty-six 
hundred  dollars  per  annum;  one  chief  deputy  district  attorney,  whose 
salary  is  hereby  fixed  at  the  sum  of  twenty-seven  hundred  dollars  per 
annum;  one  deputy  district  attorney,  whose  salary  is  hereby  fixed  at 
the  sum  of  twenty-one  hundred  dollars  per  annum;  one  deputy  district 
attorney,  whose  salary  is  hereby  fixed  at  the  sum  of  fifteen  hundred 
dollars  per  annum,  whose  duty  it  shall  be,  in  addition  to  performing 
services  as  deputy  district  attorney,  to  attend  preliminary  examina- 
tions held  in  all  police  and  justice  courts  in  the  county  and  conduct  on 
behalf  of  the  people  all  prosecutions  for  felonies  at  such  preliminary 
examinations,  and,  also,  to  attend  and  appear  before  the  juvenile  court 
of  said  county  and  prosecute  proceedings  therein;  one  clerk,  who  shall 
be  a  stenographer,  whose  salary  is  hereby  fixed  at  the  sum  of  twelve 
hundred  dollars  per  annum;  one  county  detective,  who  shall  perform 
such  duties  as  may  be  required  of  him  by  the  district  attorney  or  by 
the  ordinances  of  the  board  of  supervisors  of  the  county,  whose  salary 
is  hereby  fixed  at  the  sum  of  eigiiteen  hundred  dollars  per  annum;  pro- 
vided, further,  that  in  addition  to  the  salary  herein  fixed  for  said 
county  detective  he  shall  be  allowed  and  paid  the  actual  and  necessary 
expenses  incurred  by  him  in  the  performance  of  his  ofiicial  duties;  pro- 
vided, further,  that  the  said  county  detective  shall  file  with  the  board 
of  supervisors,  a  verified  statement  and  claim  showing  in  entail  the 
amount  paid,  and  the  persons  to  whom  and  the  purpose  for  which  such 
payments  were  made;  and  provided,  further,  that  in  counties  of  this 
class  the  district  attorney,  in  addition  to  the  salary  herein  fixed,  shall 
be  allowed  his  traveling  and  other  personal  expenses  incurred  in  criminal 
cases  arising  in  the  county  and  in  civil  actions  and  proceedings  in  which 
the  county  is  interested,  and  all  other  expenses  necessarily  incurred  by 
him  in  the  investigation  and  detection  of  crime  and  the  prosecution  of 
criminal  cases  and  in  civil  actions  and  proceedings,  and  all  other  matters 
in  which  the  county  is  interested,  all  of  which  said  charges  and  ex- 
penses so  incurred  by  him  shall  be  a  legal  charge  against  the  county. 

Coroner. 

10.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law;  provided,  the  coroner,  or  other  officer  holding  an  inquest  upon  the 
body  of  a  deceased  person  may  subpoena  a  chemist  to  make  an  analysis 
of  the  contents  of  the  stomach  or  tissues  of  the  body,  or  a  physician 
or  surgeon  to  inspect  the  body,  or  hold  a  post-mortem  examination  of 
the  deceased,  and  give  a  professional  opinion  as  to  the  cause  of  death; 
and  shall  cause  the  testimony  of  all  the  witnesses  at  such  inquest  to  be 
reduced  to  writing  under  his  directions.  The  coroner  in  counties  of 
this  class  shall  be  and  he  is  hereby  allowed  the  following  assistants, 
namely,  one  deputy  and  one  stenographer,  which  offices  are  hereby 
created;  said  deputy  shall  have  the  power  and  it  shall  be  his  duty  when 
directed  by  the  coroner  to  hold  inquests,  and  all  such  power  conferred 
by   law   upon   the   coroner   may   be   exercised   by   said   deputy,   who   shall 


(J47  POLITICAL    CODE.  §  4235 

receive  a  salary  of  twelve  hundred  dollars  per  annum;  the  salary  of 
said  stenographer  shall  be  fifteen  hundred  dollars  per  annum,  which 
salary  shall  be  in  full  for  all  services  rendered  by  him  as  such  stenog- 
rapher. Said  stenographer  shall  take  down  in  shorthand  the  testimony 
(if  witnesses  at  inquests  and  shall  transcribe  the  same  into  longhand 
and  file  a  verified  copy  thereof  with  the  county  clerk.  The  salaries  of 
said  deputy  and  stenographer  shall  be  paid  by  the  county  in  the  same 
manner,  at  the  same  time  and  out  of  the  same  fund  as  other  county 
officers  are  paid.  The  said  deputy  coroner  and  the  said  stenographer 
shall  each  be  appointed  by  the  coroner. 

Public  administrator. 

11.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

Superintendent  of  schools. 

12.  The  superintendent  of  schools,  three  thousand  dollars  per  annum, 
and  actual  traveling  expenses  when  visiting  schools  of  the  county,  not 
exceeding  five  hundred  dollars  per  annum;  and  the  said  superintendent 
of  schools  may  appoint  one  assistant  superintendent  of  schools,  which 
office  of  assistant  superintendent  of  schools  is  hereby  created,  who  shall 
receive  as  compensation  the  sum  of  two  thousand  one  hundred  dollars 
per  annum,  payable  at  the  same  time  and  in  the  same  manner  as  tue 
salaries  of  other  county  officers  are  paid.  Each  member  of  the  board 
of  education  of  the  county  shall  receive  five  dollars  per  day  as  com- 
pensation for  his  services  when  in  actual  attendance  upon  said  board, 
and  mileage  at  the  rate  of  twenty  cents  per  mile,  one  way  only,  from 
his  residence  to  the  place  of  meeting  of  said  board.  The  secretary  of 
said  board  of  education  of  said  county  shall  receive  five  dollars  per  day 
for  his  services  for  the  actual  time  that  the  board  may  be  in  session. 
Said  compensation  of  the  members  of  the  said  board  and  of  said  secre- 
tary shall  be  paid  out  of  the  same  fund  as  the  salary  of  the  superin- 
tendent of  schools.  Claims  of  such  service  and  mileage  shall  be  pre- 
sented to  the  board  of  supervisors  and  shall  be  allowed,  at  the  rate 
above  named,  and  in  the  same  manner  as  other  claims  against  the 
county  are  allowed.  The  compensation  of  members  of  the  county  board 
of  education  of  this  county  hereby  provided  is  not  in  addition  to  that 
provided  in  section  1770  of  this  code. 

Surveyor.  ' 

13.  The  surveyor,  two  thousand  four  hundred  dollars  per  annum  and 
in  addition  thereto  all  necessary  expenses  for  work  performed  in  the 
office  and  all  necessary  expenses  and  transportation  for  work  performed 
in  the  field;  provided,  that  in  counties  of  this  class  whenever  the  board 
of  supervisors  shall  order  or  the  assessor  may  require  assessor's  map  or 
block-books,  then  the  surveyor  shall  receive,  in  addition  to  the  salary 
above  noted,  the  sum  of  fifteen  hundred  dollars  additional  expenses 
required  for  the  preparation  and  completion  of  said  maps  or  block-books. 


§  4235  POLITICAL   CODE.  64d 

Justices  of  the  peace. 

14.  In  counties  of  this  class  justices  of  the  peace  shall  be  compensated 
as  follows,  and  all  salaries  shall  be  payable  monthly  in  the  same  man- 
ner as  the  salaries  of  county  officers  are  paid,  viz.: 

(1)  In  townships  having  a  population  of  twenty-five  thousand  or  more, 
justices  of  the  peace  shall  each  receive  a  salary  of  three  hundred  ($300) 
dollars  per  month  as  full  compensation  for  al!  services  rendered  by  them 
in  both  criminal  cases  and  in  civil  cases  and  in  all  cases  wherein  justices 
of  the  peace  perform  the  duties  of  coroner.  All  fees  chargeable  and 
collectible  by  justices  of  the  peace  in  criminal  and  civil  cases  for  services 
rendered  by  them  shall  be  collected  by  them  and  by  them  paid  monthly 
into  the  county  treasurj'. 

(2)  In  townshijis  having  a  population  of  five  thousand  and  less  than 
twenty-five  thousand,  justices  of  the  peace  shall  receive  the  sum  of  one 
hundred  and  forty  ($140)  dollars  jier  month  as  full  compensation  for  all 
services  rendered  by  them  in  both  criminal  cases  and  civil  eases  and  in 
all  cases  wherein  justices  of  the  peace  perform  the  duties  of  coroner. 
All  fees  chargeable  and  collectible  by  justices  of  the  peace  in  criminal 
cases  and  in  civil  eases  for  services  rendered  bj'  them  shall  be  collected 
by  them  and  by  them  paid  monthly  into  the  county  treasury. 

(3)  In  townships  having  a  population  of  three  thousand  and  less 
than  five  thousand,  justices  of  the  peace  shall  each  receive  the  sum  ot 
one  hunilred  and  twenty-five  ($125)  dollars  as  full  compensation  for  all 
services  rendered  by  them  in  both  criminal  eases  and  civil  cases  and  in 
all  cases  wherein  the  justices  of  the  peace  perform  the  duties  of  coroner. 
All  fees  chargeable  and  collectible  by  justices  of  the  peace  in  criminal 
cases  and  in  civil  eases  for  services  rendered  by  them  shall  be  collected 
by  them  and  by  them  paid  monthly  into  the  county  treasury. 

(4)  In  townships  having  a  population  of  two  thousand  and  less  than 
three  thousand,  justices  of  the  peace  shall  each  receive  the  sum  of  one 
hundred  ($100)  dollars  per  month  as  full  compensation  for  all  services 
rendered  by  them  in  both  criminal  cases  and  in  civil  cases  and  in  all 
cases  wherein  justices  of  the  peace  perform  the  duties  of  coroner.  All 
fees  chargeable  and  collectible  by  justices  of  the  peace  in  criminal  and 
civil  eases  for  services  rendered  by  them  shall  be  collected  by  them  and 
by  them  paid  monthly  into  the  county  treasury. 

(5)  In  townships  having  a  population  of  nine  hundred  and  less  than 
two  thousand,  justices  of  the  j'cace  shall  each  receive  the  sum  sf  seventy- 
five  dollars  per  month  as  full  compensation  for  all  services  rendered 
by  them  in  both  criminal  cases  and  in  civil  cases  and  in  all  cases  wherein 
justices  of  the  peace  perform  the  duties  of  coroner.  All  fees  chargeable 
and  collectible  by  justices  of  the  peace  in  criminal  cases  and  in  civil 
cases  for  services  rendered  by  them  shall  be  collected  by  them  and  by 
them  paid  monthly  into  the  country  treasury. 

(6)  In  townships  having  a  population  of  less  than  nine  hundred,  jus- 
tices of  the   peace  shiill  each  receive  the  sum  of  fifty   ($50)   dollars  per 


i 


649  POLITICAL   CODE.  §  4235 

month  as  full  compensation  for  all  services  rendered  by  them  in  both 
criminal  cases  and  in  civil  cases  and  in  all  cases  wherein  justices  of  the 
peace  perform  the  duties  of  coroner.  All  fees  chargeable  and  coUectiVjle 
by  justices  of  the  peace  in  criminal  and  civil  cases  for  services  rendered 
by  them  shall  be  collected  by  them  and  by  them  paid  monthly  into  the 
county  treasury;  provided,  further,  that  justices  of  the  peace  in  town- 
ships contiguous  to  municipalities  containing  twenty-five  thousand  or 
more  inhabitants  or  in  which  a  penal  institution  is  located  shall  be  al- 
lowed a  salary  of  one  hundred  and  forty  ($140)  dollars  a  month  each 
as  full  compensation  for  all  services  rendered  by  them  in  both  criminal 
and  civil  cases  and  in  all  cases  wherein  the  justices  of  the  peace  per- 
form the  duties  of  coroner,  and  all  fees  chargeable  and  collectible  by 
said  justices  of  the  peace  in  criminal  eases  and  in  civil  eases  for  services 
rendered  by  them  shall  be  collected  by  them  and  by  them  paid  monthly 
into  the  county  treasury.  The  population  referred  to  in  classifying  the 
townships  for  the  purpose  of  regulating  the  compensation  of  justices 
of  the  peace  shall  be  the  population  found  and  determined  by  the  federal 
census  taken  in  the  year  1910;  provided,  that  if  the  township  census 
be  taken  after  the  taking  of  the  federal  census  under  the  provision  of 
section  4055,  then  said  census  shall  be  known  and  shall  become  the 
official  census  of  the  township  in  which  the  same  is  taken,  and  the  popu- 
lation therein  determined  shall  be  and  become  the  official  population  of 
such  township. 

Constables. 

15.  Constables,  in  townships  having  a  population  of  between  nine 
hundred  and  one  thousand,  and  between  twenty-two  hundred  and  twenty- 
four  hundred  inhabitants,  as  found  and  determined  by  the  last  preced- 
ing federal  census,  shall  be  allowed  a  salary-  of  seventy- five  dollars  per 
month  each  and  fifteen  cents  per  mile  actually  traveled  in  taking 
prisoners  to  the  county  jail,  in  lieu  of  all  fees  in  criminal  cases.  In 
all  other  townships,  constables,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law,  except  that  the  constables  in  townships  contain- 
ing twenty  thousand  or  more  inhabitants  shall  be  allowed  a  salary  of 
one  hundred  and  twenty-five  dollars  per  month  each,  in  lieu  of  all  fees 
in  criminal  eases;  provided,  further,  that  constables  in  townships  con- 
tiguous to  municipalities  containing  twenty-five  thousand  or  more  in- 
habitants, or  in  which  a  state  penal  institution  is  located,  shall  be 
allowed  a  salary  of  one  hundred  dollars  per  month  each,  and  fifteen 
cents  per  mile  for  every  mile  actually  traveled  in  taking  prisoners  to 
the  county  jail,  in  lieu  of  all  fees  in  criminal  cases;  provided,  further, 
that  constables,  in  townships  not  contiguous  to  municipalities  contain- 
ing twenty-five  thousand  or  more  inhabitants,  and  constables  in  town- 
ships in  which  a  state  penal  institution  is  not  located,  shall  receive  in 
addition  to  the  fees  now  provided  by  law  three  dollars  per  diem  for 
each  day  in  actual  attendance  on  the  court  in  criminal  cases,  and  fifteen 
cents  per  mile  for  each  mile  actually  traveled  in  taking  prisoners  to  the 


§  4236  POLITICAL   CODE.  650 

county  jail.     The  salary  of  the  constables  as  above  provided  to  be  paid 
at  the  same  time  and  in  the  same  manner  as  county  officers  are  paid. 

Supervisors. 

16.  Each  supervisor,  one  hundred  and  twenty-five  dollars  per  month, 
and  ten  cents  per  mile  for  traveling  to  and  from  the  county  seat;  pro- 
vided, mileage  shall  not  be  allowed  oftener  than  once  in  each  month. 

Offices    of  recorder  and  auditor  separate. 

17.  The  offices  of  recorder  and  auditor  shall  be  separate  and  shall  not 
be  consolidated  by  the  board  of  supervisors. 

Fees,  jurors. 

IS.  For  attending  as  a  juror  in  the  superior  court,  for  each  day's  at- 
tendance, per  diem  three  dollars.  For  each  mile  actually  traveled  in 
attending  court  as  juror,  in  going  only,  per  mile,  twenty-five  cents. 

Analyst. 

19.  In  counties  of  this  class  there  may  be  a  county  analyist,  to  be 
appointed  by  the  board  of  supervisors,  who  sTiall  receive  a  salary  of  not 
less  than  fifty  dollars  per  month,  to  be  paid  at  the  same  time  and  in 
the  same  manner  as  other  county  officers  are  paid.  He  shall  furnish  his 
own  laboratory.  He  shall  perform  such  service  as  may  be  required  by 
the  district  attorney,  coroner,  or  by  ordinances  of  the  board  of  super- 
visors. He  shall  have  been  a  resident  of  the  county  for  at  least  two 
years  and  shall  be  a  graduate  of  a  recognized  university  or  technical 
school  and  shall  have  had  at  least  three  years'  experience  in  forensic  and 
analytical  chemistrj'. 

Office  furnished  township  officers. 

20.  In  townships  containing  twenty  thousand  or  more  inhabitants 
the  board  of  supervisors  shall  furnish  the  justice  of  the  peace  and  the 
constables  of  such  townshijis  an  office,  to  be  occupied  by  such  justice 
and  constables  jointly.  [Amendment  approved  June  16,  1913;  Stats. 
1913,  p.  1305.] 

.\lso   amended   February   28,    1911    (Stats.    1911,   p.   134),   and   April    15,    1011 
(Stats.   1911,  p.   924). 
Citations,      .^pp.   8/694. 

Counties,  seventh  class  —San  Diego.     Salaries  of  officers. 

§  4236.  In  counties  of  the  seventh  class  the  county  officers  shall 
receive  as  compensation  for  the  services  required  of  them  by  law  or 
by   virtue   of   their   offices,   the   following  salaries,   to   wit: 

County  clerk. 

1.  The  county  clerk,  three  thousand  six  hundred  dollars  per  annum; 
provided,  that  in  counties  of  this  class  there  shall  be  and  there  hereby 
is  allowed  to  the  county  clerk  one  chief  deputy  who  shall  receive  a 
salary  of  one  thousand  eight  hundred  dollars  I'cr  annum;  one  registra- 
tion clerk  who  shall  receive  a  salary  of  one  thousand  five  hundred 
dollars  per  annum;   three  court  clerks  who  shall  receive  salaries  of  one 


651  POLITICAL    CODE,  §  4236 

thousand  five  hundred  dollars  each  per  annum;  two  deputies  who  shall 
receive  salaries  of  one  thousand  three  hundred  and  fifty  dollars  each 
per  annum;  one  index  clerk  who  shall  receive  a  salary  of  one  thou- 
sand two  hundred  dollars  per  annum;  one  stenographer  who  shall  re- 
ceive a  salary  of  one  thousand  and  twenty  dollars  per  annum;  three 
copyists  who  shall  receive  salaries  of  one  thousand  and  twenty  dollars 
each  per  annum;  and  a  deputy  or  deputies,  not  to  exceed  five,  for  the 
purpose  of  registering  electors,  to  be  paid  not  to  exceed  four  dollars 
per  diem  each;  provided,  that  said  deputies  so  employed  for  registering 
electors  shall  not  be  employed  except  during  a  year  when  a  general 
election  is  to  be  held  throughout  the  state,  and  then  only  between 
the  first  day  of  June  and  the  fifteenth  day  of  November  of  said  year, 
and  such  deputies  as  may  be  needed  for  the  purpose  of  registering 
electors  in  precincts  outside  of  the  corporate  limits  of  municipalities 
containing  twenty-five  thousand  or  more  inhabitants,  who  shall  be  paid 
ten  cents  per  name  for  each  person  legally  registered  by  them,  the 
salaries  and  compensations  of  each  of  said  deputies  and  clerks  to  be 
paid  out  of  the  county  treasury  in  equal  monthly  installments  in  the 
same  manner  and  at  the  same  time  as  the  other  county  officials  are 
paid. 

Sheriff. 

2.  The  sheriff,  three  thousand  six  hundred  dollars  per  annum;  pro- 
vided, that  in  counties  of  this  class  there  shall  be  and  there  hereby  is 
allowed  to  the  sheriff  one  under-sheriff,  whose  salary  is  hereby  fixed 
at  the  sum  of  one  thousand  eight  hundred  dollars  per  annum,  and  the 
following  deputies  and  employees:  One  deputy  who  shall  be  head  jailer, 
and  who  shall  receive  the  salary  of  one  thousand  five  hundred  dollars 
per  annum;  one  deputy  who  shall  receive  a  salary  of  one  thousand  two 
hundred  dollars  per  annum;  one  deputy  who  shall  receive  a  salary  of 
nine  hundred  dollars  per  annum;  a  service  deputy  who  shall  receive 
a  salary  of  one  thousand  five  hundred  dollars  per  annum;  five  deputies 
who  shall  receive  salaries  of  one  thousand  two  hundred  dollars  each, 
per  annum;  one  stenographer  who  shall  receive  a  salary  of  nine  hun- 
dred dollars  per  annum;  one  bookkeeper  who  shall  receive  a  salary 
of  one  thousand  two  hundred  dollars  per  annum;  six  deputies  who  shall 
be  turnkeys  at  the  jail,  whose  salaries  shall  be  one  thousand  and  twenty 
dollars  each,  per  annum,  but  no  more  turnkeys  are  to  be  employed 
than  are  absolutely  necessary  to  handle  the  requirements  of  the  jail; 
and  three  deputies  who  shall  be  known  as  country  deputies,  who  shall 
receive  salaries  of  one  thousand  two  hundred  dollars  each  per  annum. 
In  counties  of  this  class  there  shall  be  a  matron  of  the  county  jail, 
to  be  appointed  by  the  sheriff,  and  who,  under  the  direction  of  the 
sheriff,  shall  have  charge  of  all  female  prisoners  in  the  county  jail, 
and  who  shall  receive  a  salary  of  nine  hundred  dollars  per  annum,  to 
be  paid  by  the  county  in  monthly  installments  at  the  same  time,  in  the 
same  manner,  and  out  of  the  same  fund  as  is  the  salary  of  the  sheriff. 
In   counties   of   this   class   the   sheriff  shall   be   allowed  by   the   board   of 


§  4236  POLITICAL   CODE.  652 

supervisors  his  actual  necessary  expenses  for  pursuing  criminals,  or 
for  transacting  of  criminal  business,  and  his  actual  necess^ary  expenses 
for  service  of  all  process  and  notices,  and  each  and  all  such  expenses 
shall  be  a  charge  against  the  county  and  allowed  by  the  board  of  su- 
pervisors, and  paid  as  other  county  charges  are  paid.  In  counties  of 
this  class  the  sheriffs  shall  receive  no  per  diem  for  taking  prisoners 
to  and  from  state  institutions  and  shall  be  allowed  their  actual  ex- 
penses only;  nor  shall  the  sheriffs  be  allowed  to  retain  for  their  own 
use  any  fees  for  service  of  any  process  issued  out  of  any  court  in  the 
counties  of  which  they  are  sheriffs,  but  such  fees  shall  when  collected 
be  turned  in  to  the  county  treasurers  of  such  counties;  and  all  mileage 
heretofore  allowed  to  sheriffs  of  such  counties  for  the  service  of  any 
such  papers  or  process  issued  out  of  any  such  courts  shall  be  collected 
by  said  sheriffs  and  paid  in  to  the  county  treasurers,  except  that  the 
sheriffs  shall  be  paid  by  the  counties,  on  presentation  of  their  bills  duly 
verified  in  the  manner  provided  by  law,  their  actual  expenses  incurred 
by  them  in  serving  such  papers  or  process.  The  provisions  of  this 
section  shall  apply  to  the  service  of  all  process,  whether  criminal  or 
civil,  and  to  the  transportation  of  all  persons  or  prisoners  to  or  from 
state  Institutions. 

Eecorder, 

3.  Tlie  recorder,  three  thousand  six  hundred  dollars  per  annum;  pro- 
vided, that  in  counties  of  this  class  there  shall  be  and  there  is  hereby 
allowed  the  recorder  the  following  deputies  and  copyists  who  shall  be 
appointed  by  the  recorder  of  said  county,  and  shall  be  paid  as  follows: 
One  chief  deputy  wlio  sliall  receive  one  thousand  eight  h\indred  dollars 
per  annum;  one  index  deputy  who  shall  receive  a  salary  of  one  thousand 
three  hundred  and  fifty  dollars  per  annum;  one  assistant  index  clerk 
who  shall  receive  a  salary  of  one  thousand  two  hundred  dollars  ]i"r 
annum;  one  chief  filing  clerk  who  shall  receive  a  salary  of  one  thousand 
two  hundred  dollars  per  annum;  one  assistant  filing  clerk  who  shall 
receive  a  salary  of  one  thousand  and  twenty  dollars  per  annum;  three 
compilation  clerks  who  shall  receive  salaries  of  one  thousand  and 
twenty  dollars  each,  per  annum;  and  as  many  copyists  as  may  be  re 
quired,  who  shall  receive  as  compensation  the  sum  of  five  cents  per 
folio  for  recording  all  instruments  or  notices  except  maps  and  plats, 
and  for  copies  of  any  records,  five  cents  per  folio. 

Auditor. 

4.  The  auditor,  three  thousand  six  hundred  dollars  per  annum;  pro- 
vided, that  there  is  hereby  allowed  to  the  auditor  the  following  deputies: 
One  chief  deputy  who  shall  receive  a  salary  of  one  thousand  nine 
hundred  and  fifty  dollars  per  annum;  one  deputy  who  shall  receive  a 
salary  of  one  thousand  six  hundred  and  eighty  dollars  per  annum;  one 
deputy  who  shall  receive  a  salary  of  one  thousand  three  hundred  anil 
fifty  dollars  per  annum;  one  deputy  who  shall  receive  a  salary  of  nine 
hundred    dollars    per    annum;    five    additional    deputies    at    a    salary    o! 


653  POLITICAL   CODE.  §  4236 

four  dollars   per  day  each,  for   each  day   employed   for   a  period   not   to 
exceed  one  hundred  and  fifty-six  days  in  any  one  year. 

Treasurer. 

5.  The  treasurer,  three  thousand  six  hundred  dollars  per  annum;  pro- 
vided, that  in  counties  of  this  class  there  shall  be  and  there  here!)}-  is 
alJowed  to  the  treasurer,  the  following  deputies,  who  shall  be  appointed 
by  the  treasurer  and  shall  receive  salaries  as  follows:  One  deputy  who 
shall  receive  a  salary  of  two  thousand  one  hundred  dollars  per  annum, 
and  one  deputy  wlio  shall  receive  a  salary  of  one  thousand  three  hun- 
dred and  fifty  dollars  per  annum.  The  salary  of  the  treasurer  herein- 
above provided  shall  be  in  full  compensation  for  all  services  rendered, 
and  the  fees  heretofore  cliargeable  and  collected  by  him  for  return- 
ing to  the  state  the  collateral  inheritance  tax  and  for  the  performance 
of  his  official  duties  in  connection  therewith  shall  be  paid  in  to  the 
county  treasury  and  be  the  property  of  said  county;  and  said  treasurer 
shall  receive  no  fees,  compensation  or  commissions  of  any  kind  or  char- 
acter for  any  service  rendered  by  him  in  connection  with  said  collat- 
eral  inheritance   tax. 

Tax  collector. 

6.  The  tax  collector,  three  thousand  six  hundred  dollars  per  annum 
and  such  fees  as  are  allowed  by  law;  one  chief  deputy  who  shall  receive 
a  salary  of  two  thousand  one  hundred  dollars  per  annum;  two  deputies 
who  shall  receive  salaries  of  one  thousand  three  hundred  and  fifty 
dollars  each,  per  annum;  two  deputies  who  shall  receive  salaries  of  one 
thousand  two  hundred  dollars  each,  per  annum;  a  stenographer  who 
shall  receive  a  salary  of  one  thousand  and  twenty  dollars  per  annum;, 
twelve  additional  clerks  at  a  salary  of  four  dollars  per  day  each,  for 
each  day  employed,  for  a  period  not  to  exceed  one  hundred  and  fifty- 
six  days   in  any   one  year. 

Assessor. 

7.  The  assessor,  three  thousand  six  hundred  dollars  per  annum,  and 
traveling  expenses  incurred  in  the  discharge  of  his  official  duties  not 
exceeding  three  hundred  dollars  per  annum;  provided,  that  in  counties 
of  this  class  there  shall  be,  and  there  hereby  is  allowed  to  the  assessor, 
one  chief  deputy  who  shall  receive  a  salary  of  one  thousand  eight  hun- 
dred dollars  per  annum;  one  first  deputy  who  shall  receive  a  salary  of 
one  thousand  three  hundred  and  fifty  dollars  per  annum;  a  second 
deputy  who  shall  receive  a  salary  of  one  thousand  two  hundred  dollars 
per  annum;  two  deputies  for  a  period  not  exceeding  six  months  in  any 
one  year  at  salaries  of  one  hundred  dollars  per  month  each;  one  deputy 
for  a  period  not  exceeding  five  months  in  any  one  year  at  a  salary 
of  one  hundred  dollars  per  month;  four  deputies  for  a  period  not  ex- 
ceeding four  months  in  any  one  year,  at  salaries  of  one  hundred  dol- 
lars each  per  month;  one  stenographer  who  shall  receive  a  salary  of 
one  thousand  and   twenty  dollars  per  annum;   six  deputies  for  a  period 


§  4236  POLITICAL   CODE.  654 

not  exceeding  one  hundred  and  four  days  each  fourth  year,  whose  per 
diem  shall  be  four  dollars  each  when  actually  employed.  It  is  further 
provided  that  in  counties  of  this  class  the  assessor  shall  receive  no  com- 
mission for  his  collection  of  taxes  on  personal  property,  nor  shall 
such  assessor  receive  any  comjiensation  or  commission  for  the  collection 
of  poll  taxes,  or  road  poll  taxes,  nor  shall  the  assessor  receive  any 
compensation  for  making  out  the  military  roll  of  persons  returned  to 
him  as  subject  to  military  duty  as  provided  by  section  1901  of  the 
Political  Code;  provided,  however,  that  fifteen  per  cent  of  all  moneys 
collected  by  him  for  poll  taxes  and  road  poll  taxes  shall  be  allowed 
to  such  counties  on  their  settlement  with  the  state,  and  be  and  remain 
the  property  of  such  counties.  It  is  further  provided  that  in  counties 
of  this  class,  in  addition  to  the  deputies  already  allowed,  there  shall 
be  and  is  hereby  allowed  to  the  assessor,  twenty  deputies  who  shall 
receive  salaries  of  four  dollars  per  day  each,  five  deputies  who  shall 
receive  salaries  of  five  dollars  per  day  each,  and  five  deputies  who 
shall  receive  salaries  of  three  dollars  per  day  each  for  a  period  not 
exceeding   seventy-eight    days    in    any    one    year. 

District  attorney. 

8.  Tlie  district  attorney,  four  thousand  dollars  per  annum;  also  one 
assistant  district  attorney,  who  shall  receive  a  salary  of  three  thousand 
dollars  per  annum;  two  deputy  district  attorneys  who  shall  receive 
salaries  of  two  thousand  four  hundred  dollars  each  per  annum;  one 
deputy  district  attorney  who  shall  receive  a  salary  of  two  thousand 
dollars  per  annum;  one  deputy  district  attorney  who  shall  receive  a  salary 
of  one  thousand  eight  hundred  dollars  per  annum,  and  two  stenographers 
who  shall  receive  salaries  of  one  thousand  two  hundred  dollars  each,  per 
annum.  It  is  further  provided  that  in  counties  of  this  class  the  district 
attorney  be  and  is  hereby  allowed  a  detective  who  shall  receive  a  salary 
of  one  thousand  six  hundred  and  fifty  dollars  per  annum. 

Superintendent  of  schools. 

y.  The  superintendent  of  public  schools,  two  thousand  seven  hundred 
and  fifty  dollars  per  annum;  provided,  that  in  counties  of  this  class 
there  shall  be  and  there  is  hereby  allowed  the  superintendent  of  public 
schools,  one  assistant  superintendent,  who  shall  receive  a  salary  of  two 
thousand  dollars  per  annum;  one  deputy  superintendent  who  shall 
receive  a  salary  of  one  thousand  two  hundred  dollars  per  annum  and 
one  bookkeeper  who  shall  receive  a  salary  of  one  thousand  two  hundred 
dollars  per  annum.  In  counties  of  this  class  the  secretary  of  the  county 
board  of  education  shall  not  be  paid  or  allowed  to  receive  any  com- 
pensation whatever  for  his  services  as  secretary  of  such  hoard,  nor 
for  any  services  rendered  in  connection  therewith;  and  provided,  further, 
that  in  counties  of  this  class,  the  county  school  superintendent  shall 
receive  his  actual  and  necessary  traveling,'  expenses  for  visiting  and 
examining  the  various  schools  in  his  county;  provided,  that  this  amount 
shall  not  exceed  five  dollars  per  district  per  annum. 


^ 


655  POLITICAL   CODE.  §  4236 

Public  administrator. 

10.  The  public  administrator,  such  fees  as  are  now  or  maj'  hereafter 
be  allowed  by  law. 

Coroner. 

11.  The  coroner,  one  thousand  five  hundred  dollars,  and  in  addition 
thereto  the  board  of  supervisors  shall  allow  the  coroner  his  actual  trav- 
eling expenses  in  the  performance  of  his  official  duties  within  the 
county,  when  called  away  from  the  county  seat.  It  is  further  provided 
that  in  counties  of  this  class  there  shall  be  and  there  is  hereby  allowed 
the  coroner,  one  assistant  coroner,  who  shall  receive  a  salary  of  nine 
hundred  dollars  per  annum;  one  autopsy  surgeon  to  be  appointed  by 
the  coroner  who  shall  receive  a  salary  of  one  thousand  five  hundred 
dollars  per  annum,  and  one  summoning  officer  who  shall,  as  compensa- 
tion for  his  services,  receive  a  fee  of  twenty-five  cents  for  each  and 
every   person   sworn   as   a   coroner's  juror. 

Surveyor. 

12.  The  surveyor,  three  thousand  six  hundred  dollars  per  annum, 
also  one  office  deputy  who  shall  receive  a  salary  of  one  thousand  eight 
hundred  dollars  per  annum;  one  principal  field  deputy  who  shall  receive 
a  salary  of  one  thousand  eight  hundred  dollars  per  annum;  one  assist- 
ant field  deputy  in  the  assessor's  office  who  shall  receive  a  salary  of 
one  thousand  two  hundred  dollars  per  annum;  one  assistant  office 
deputy  who  shall  receive  a  salary  of  one  thousand  and  eighty  dollars 
per  annum;  three  draftsmen  who  shall  receive  salaries  of  nine  hundred 
dollars  each  per  annum;  two  deputies,  chiefs  of  parties,  who  shall 
receive  salaries  of  one  thousand  two  hundred  dollars  each  per  annum; 
three  instrument  men  who  shall  receive  salaries  of  nine  hundred  and 
sixty  dollars  each  per  annum,  and  such  other  assistants  as  may  be 
necessary  for  field  work,  who  shall  receive  a  compensation  of  three 
dollars  per  diem   and  expenses,  when  working  in  the  field. 

Constables. 

li).  Constables,  in  civil  cases,  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law;  and  in  criminal  cases  in  townships  having  a  popu- 
lation of  sixteen  thousand  or  more,  in  lieu  of  fees  now  allowed  by  law, 
the  sum  of  one  hundred  dollars  per  month;  and  in  townships  having  a 
population  of  less  than  sixteen  thousand,  such  fees  as  are  now,  or  may 
hereafter  be  allowed  by  law;  provided,  however,  that  no  constable 
in  such  township  shall  be  allowed  in  any  one  month  out  of  the  county 
treasury  more  than  one  hundred  dollars  in  misdemeanor  cases;  pro- 
vided, further,  that  in  such  townships  they  shall  receive  for  each  day's 
attendance  in  criminal  cases,  when  required  by  the  justice  to  be  pres- 
ent, two  dollars  per  day;  provided,  further,  that  in  all  townships  the 
constables  thereof  shall  be  allowed  actual  traveling  expenses  only, 
in  lieu   of  mileage,   for  taking  prisoners   to  the  county  jail. 

Justices  of  the  peace. 

14.  Justices  of  the  peace,  in  all  townships  having  a  population  of 
sixteen    thousand    or    more,    three    thousand    dollars    per    annum   in    full 


§  4237  POLITICAL    CODE.  ^::}(i 

of  all  compensation  in  both  civil  and"  criminal  cases;  in  townships 
having  a  population  of  less  than  sixteen  thousand,  such  fees  as  are  now, 
or  may  hereafter  be  allowed  by  law;  provided,  however,  that  no  jus- 
tices of  the  peace  in  such  townships  shall  be  allowed,  in  any  one  month 
out  of  the  county  treasury,  more  than  one  hundred  dollars  in  misde- 
meanor cases.  The  board  of  supervisors  of  such  county  shall  furnish 
the  township  justices  of  the  peace  and  the  constables  in  townships 
having  a  population  of  sixteen  thousand  or  more,  with  suitable  court- 
rooms for  said  justices  of  the  pea?e,  and  an  office  with  necessary  and 
proper  furniture  therefor,  for  each   of  said   constables. 

Supervisors. 

15.  Each  member  of  the  board  of  supervisors,  one  thousand  dollars  per 
annum  and  fifteen  cents  per  mile  in  going  from  his  residence  to  the 
county  seat  at  each  meeting  of  the  board.  Also  five  hundred  dollars 
per  annum  each  and  fifteen  cents  for  each  mile  actually  traveled  in 
performing  services  as  road  commissioner;  provided,  that  said  super- 
visors shall  not  in  any  one  year  receive  more  than  one  thousand  dollars 
each  in  mileage  as  road   commissioner. 

Special  llelp. 

U).  liringing  records  down  to  date  in  any  office  in  connties  of  the 
seventh  class,  when  the  work  of  said  office  has  not  been  brought  down 
to  date,  and  was  in  such  condition  when  the  present  incumbent  was 
inducted  into  office,  the  board  of  sujiervisors  may  authorize  said  in- 
cumbent to  perform  the  labors  that  should  have  been  performed  by 
his  predecessors  in  office  and  for  that  purpose  may  authorize  said  in- 
cumbent to  employ  special  clerical  help,  at  a  compensation  to  be  fixed 
by  the  board  of  supervisors,  at  so  much  per  diem;  provided,  that  the 
provisions  herein  shall  api)ly  only  to  work  that  should  have  been  done 
by  the   incumbent's  predei-essor  in   office. 

Deputies,  etc.,  paid  monthly. 

17.  The  deimtit'S;  clerks,  copyists  and  employees  mentioned  in  this 
section  are  hereby  allowed  to  the  respective  county  officrs  named,  who 
shall  appoint  the  same,  and  said  de[)Uties.  dorks,  copyists  and  employees 
shall  be  paid  by  the  counties  of  this  class  in  monthly  installments,  at 
the  same  time,  in  the  same  manner  and  out  of  the  same  fund  as  the 
salaries  of  the  countv  officers  are  paid.  [Amendment  approved  June 
16,  1913;  Stats.  1913, 'p.  1354.] 

Also    amended   Vehruary    28,    1911    (Stats.    1911,    p.    140),    and    May    1,    1911 

(Stats.   1911,  p.   1262). 

Citations.      App.   8/22;    18/388;    (subd.   17)    18/389. 

Counties,  eighth  class — San  Bernardino.     Salaries  of  officers. 

§  4237.  In  counties  of  the  eiglith  class  the  county  officers  shall  re- 
ceive as  compensation  for  the  services  required  of  them  by  law,  or  by 
virtue  of  their  office,  the  following  salaries,  and  shall  have  as  deputies 
or   assistants    the    respective   employees    hereinafter    named,    to    wit: 


657  POLITICAL  CODE.  §  4237 

1.  The  county  clerk,  two  thousand  seven  hundred  dollars  per  aaiium, 
and  the  sum  of  five  hundred  dollars  for  making  the  great  register,  and 
ten  cents  for  each  person  registered,  and  such  fees  as  may  be  allowed 
by  law  for  issuing  hunting  or  fishing  licenses,  and  there  shall  be,  and 
there  is  hereby,  allowed  to  the  county  clerk  in  addition,  one  chief  dep- 
uty, to  be  appointed  by  the  county  clerk,  who  shall  be  paid  a  salary  of 
one  thousand  two  "hundred  dollars  per  annum,  and  two  additional  depu- 
ties, who  shall  be  paid  the  sum  of  one  thousand  dollars  per  annum  each, 
and  one  deputy  who  shall  be  paid  the  sum  of  nine  hundred  dollars  per 
annum,  the  said  salaries  to  be  paid  by  such  county  in  monthly  install- 
ments at  the  time,  and  in  the  manner  and  out  of  the  same  fund  as  the 
salaries   of   county   officers   are  paid. 

2.  The  sheriff,  three  thousand  dollars  per  annum  and  all  commissions, 
fees  and  mileage  for  the  service  of  papers  or  process  coming  from  courts 
other  than  those  of  his  own  county,  and  there  shall  be,  and  there  is 
hereby,  created  the  office  of  jailer  to  be  appointed  by  the  sheriff,  who 
shall  be  paid  a  salary  of  one  thousand  two  hundred  dollars  per  annum, 
and  also  one  chief  deputy,  to  be  appointed  by  the  sheriff,  who  shall 
be  paid  a  salary  of  one  thousand  two  hundred  dollars  per  annum,  and 
also  two  deputies  to  be  appointed  by  the  sheriff,  who  shall  be  paid  the 
sum  of  one  thousand  two  hundred  dollars  per  annum  each,  and  also 
one  deputy  who  shall  be  appointed  by  the  sheriff,  who  shall  be  paid 
a  salary  of  nine  hundred  dollars  per  annum,  said  salaries  to  be  paid 
by  such  county  in  monthly  installments,  at  the  time  and  in  the  manner 
and  out  of  the  same  fund  as  the  salaries  of  county  officers  are  paid. 

3.  The  recorder,  two  thousand  seven  hundred  dollars  per  annum,  and 
five  cents  per  folio  for  recording,  and  in  addition  thereto  there  is  hereby 
allowed  to  the  county  recorder,  one  deputy,  to  be  appointed  by  the 
county  recorder,  who  shall  be  paid  a  salary  of  one  thousand  two  hun- 
dred dollars  per  annum,  the  said  salaries  to  be  paid  by  such  county  in 
monthly  installments,  at  the  time  and  in  the  manner  and  out  of  the 
same  fund  as  the  salaries  of  county  officers  are  paid. 

4.  The  auditor,  two  thousand  seven  hundred  dollars  per  annuip,  and 
there  shall  be,  and  there  is,  allowed  to  the  auditor  in  addition,  one 
chief  deputy  to  be  appointed  by  the  auditor,  who  shall  be  paid  a  salary 
of  one  thousand  two  hundred  dollars  per  annum,  and  also  one  deputy 
to  be  appointed  by  the  auditor,  who  shall  be  paid  a  salary  of  one  thou- 
sand dollars  per  annum,  and  who  in  addition  to  the  other  duties  as 
deputy,  shall  prepare  for  the  board  of  supervisors  the  statistical  re- 
port showing  in  compendious  form  all  the  financial  transactions  of  the 
county  for  the  last  fiscal  year,  exhibiting  separately  the  receipts  and 
expenditures  by  or  on  account  of  each  office,  board,  commission,  insti- 
tution, court,  and  road  district  and  school  district,  and  classifying  the 
principal  items  of  income  and  expenditure,  so  as  to  show  the  financial 
transactions  and  the  financial  condition  of  the  county,  as  required  un- 
der section  117  of  an  act  entitled  an  act  to  establish  a  uniform  system 
of  county  and  township  government,  approved  April  1,  1897,  as  amended 

"42 


§  4237  POLITICAL   CODE.  658 

March  23,  1901,  and  there  shall  be,  and  there  is  allowed  to  the  auditor 
in  addition,  three  clerks  to  be  appointed  by  the  auditor,  who  shall  be 
paid  a  salary  of  seventy-five  dollars  per  month  each,  not  to  exceed  one 
month  in  any  one  year;  said  salaries  to  be  paid  by  such  county  in 
monthly  installments  at  the  time  and  in  the  manner  and  out  of  the 
same   fund   as   the  salaries  of  county   officers  are   paid. 

5.  The  treasurer,  two  thousand  seven  hundred  dollars  per  annum,  and 
in  addition  thereto,  there  is  hereby  allowed  to  the  county  treasurer, 
one  deputy  to  be  appointed  by  the  treasurer,  who  shall  be  paid  one  hun- 
dred dollars  per  month,  not  to  exceed  three  months  in  anj-  one  year. 

6.  The  tax  collector,  two  thousand  seven  hundred  dollars  per  annum, 
and  there  shall  be,  and  there  is,  allowed  to  the  tax  collector,  one  chief 
deputy,  to  be  appointed  by  the  tax  collector,  who  shall  be  paid  a  salary 
of  one  thousand  two  hundred  dollars  per  annum,  and  such  additional 
assistants  as  the  tax  collector  may  require,  the  compensation  of  which 
assistants,  however,  shall  not  exceed  in  the  aggregate  the  sum  of  two 
thousand  one  hundred  dollars  per  annum,  said  salaries  to  be  paid  by 
said  county  in  monthly  installments  at  the  time  and  in  the  manner 
and  out  of  the  same  fund  as  the  salaries  of  county  officers  are  paid; 
provided,  however,  that  in  counties  of  this  class  the  tax  collector  shall 
receive  no  fees  or  commissions  for  the  collection   of  licenses. 

7.  The  assessor,  five  thousand  five  hundred  dollars  per  annum,  and 
the  percentage  allowed  by  law  for  the  collection  of  poll  taxes;  and  there 
shall  be.  and  there  is,  allowed  to  the  assessor  in  addition,  one  chief 
deputy  to  be  appointed  by  the  assessor,  who  shall  be  paid  a  salary 
of  one  thousand  two  hundred  dollars  per  annum,  said  salaries  to  be 
jiaid  by  such  county  in  monthly  installments  at  the  time  and  in  the 
manner  and  out  of  the  same  fund  as  the  salaries  of  county  officers  are 
]iai<l;  j)rovided,  however,  that  the  i>ercentage  received  by  the  assessor 
on  personal  property  taxes,  and  also  amounts  allowed  for  returning 
names  of  persons  subject  to  military  duty,  and  which  in  other  counties 
of  other  classes  is  allowed  to  the  assessor  as  compensation,  shall  be 
paid  by  him  into  the  county  treasury,  and  no  part  thereof  shall  be  re- 
ceived by  him  as  compensation. 

S.  The  district  attorney,  three  thousand  dollars  per  annum,  and  there 
shall  be,  and  there  is,  allowed  to  the  district  attorney  in  addition, 
one  chief  deputy  to  be  appointed  by  the  district  attorney,  who  shall 
be  paid  a  salary  of  one  thousand  five  hundred  dollars  per  annum,  and 
also  one  additional  deputy  to  be  appointed  by  the  district  attorney, 
who  shall  be  paid  a  salary  of  one  thousand  two  hundred  dollars  per  an- 
num, each  of  whom  shall  be  an  attorney  at  law  regularly  admitted  to 
practice  before  the  courts  of  the  state  of  California,  and  also  one 
dejuity  to  be  appointed  by  the  district  attorney,  who  shall  be  paid  a 
salary  of  seven  hundred  and  twenty  dollars  per  annum,  said  salaries 
to  be  paid  by  such  county  in  monthly  installments  at  the  time  and  in 
tlie  manner  and  out  of  the  same  fund  as  the  salaries  of  county  officers 
are   paid. 


659  POLITICAL  CODE.  §  4237 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now,  or  maj-^  be  here- 
atter  allowed  by  law. 

IL  The  superintendent  of  schools,  for  full  services  including  attend- 
ance on  the  county  board  of  education,  two  thousand  seven  hundred 
dollars  per  annum,  and  his  actual  traveling  expenses,  necessarily  in 
curred  in  the  performance  of  his  duties,  and  there  shall  be  and  there 
is  allowed  to  the  superintendent  of  schools  in  addition,  one.  deputy  to 
be  appointed  by  the  superintendent  of  schools,  who  shall  be  paid  a 
salary  of  one  thousand  two  hundred  dollars  per  annum,  said  salary  to 
be  paid  by  such  county,  in  monthly  installments'  at  the  time  and  in 
the  manner  and  out  of  the  same  fund  as  the  salaries  of  county  officers 
are  paid.  The  office  of  the  superintendent  of  schools  shall  be  kept 
open  on  all  business  days  from  9  o'clock  A.  M.  to  5  P.  M. 

12.  Each  member  of  the  board  of  education  shall  receive  five  dollars 
per  day  as  compensation  for  his  services  when  in  actual  attendance 
upon  said  board,  and  mileage  at  the  rate  of  twenty  cents  per  mile,  one 
■way  only,  from  his  residence  to  the  place  of  meeting  of  said  board. 
The  secretary  of  said  board  of  education  shall  receive  five  dollars  per 
day  for  his  services  for  the  actual  time  that  the  board  may  be  in  session. 
Said  compensation  of  the  members  of  said  board  and  of  said  secretary 
shall  be  paid  out  of  the  same  fund  as  the  salary  of  the  superintendent  of 
schools  is  paid.  Claims  for  such  services  and  mileage  shall  be  presented 
to  the  board  of  supervisors  and  shall  be  allowed  at  the  rate  above  named 
and  in  the  same  manner  as  other  claims  against  the  county  are  allowed. 
The  compensation  of  the  members  of  the  county  board  of  education 
herein  provided  is  not  in  addition  to  that  provided  in  section  1770  of 
this  code. 

13.  The  surveyor,  two  thousand  four  hundred  dollars  per  annum,  and 
in  addition  thereto  all  necessary  expenses  incurred  in  the  field  in  per- 
forming county  work,  ordered  hy  the  board  of  supervisors;  and  there 
shall  be  and  there  i's  allowed  to  the  surveyor  in  addition,  one  chief  dep- 
uty, who  shall  be  a  competent  draftsman  to  be  appointed  by  the  surveyor, 
who  shall  be  paid  a  salary  of  one  thousand  two  hundred  dollars  per  an- 
num, and  also  one  draftsman  to  be  appointed  by  the  surveyor,  which  office 
is  hereby  created,  who  shall  be  paid  a  salary  of  one  thousand  two  hun- 
dred dollars  per  annum,  and  also  one  clerk  who  shall  be  appointed  by 
the  surveyor,  which  office  of  clerk  is  hereby  created,  who  shall  be 
paid  a  salary  of  nine  hundred  dollars  per  annum,  said  salaries  to  be 
paid  in  monthly  installments  at  the  same  time  and  in  the  same  manner 
and  out  of  the  same  fund  as  the  salaries  of  county  officers  are  paid. 

14.  The  justices  of  the  peace,  the  following  monthly  salaries,  to  be 
paid  each  month  as  salaries  of  other  county  officers  are  paid,  which 
shall  be  in  full  for  all  services  rendered  by  them  in  criminal  cases: 
In  townships  having  a  population  of  six  thousand  and  over,  ninety 
dollars  per  month;  in  townships  having  a  population  of  two  thousand 
four  hundred  and  less  than  six  thousand,  seventy-five  dollars  per  month; 


§  4238  POLITICAL   CODE.  660 

in  townships  having  a  population  of  one  thousand  five  tunclred  and 
less  than  two  thousand  four  hundred,  sixty  dollars  per  month;  in  town- 
ships having  a  population  of  eight  hundred  and  less  than  one  thousand 
five  hundred,  fifty  dollars  per  month;  in  townships  having  a  popula- 
tion of  five  hundred  and  less  than  eight  hundred,  twenty  dollars  per 
month;  in  townships  having  a  population  of  less  than  five'humlred,  ten 
dollars  per  month.  In  addition  to  th«  above  salaries,  each  justice  of 
the  peace  shall  collect  for  his  own  use  in  civil  cases  such  fees  as  are 
now  or  may  hereafter  be  allowed  by  law. 

15.  Constables,  the  following  monthly  salaries,  to  be  paid  each  month 
as  the  salaries  of  county  officers  are  paid,  which  shall  be  in  full  for 
all  services  rendered  by  them  in  criminal  cases:  In  townships  having 
a  population  of  five  thousand  and  more,  eighty  five  dollars  per  month; 
in  townships  having  a  population  of  two  thousand  five  hundred  and 
less  than  five  thousand,  seventy-five  dollars  per  month;  in  townships 
having  a  population  of  fifteen  hundred  and  less  than  two  thousand 
five  hundred,  sixty  dollars  [>er  month;  in  townships  having  a  population 
of  eight  hundred  and  less  than  fifteen  hundred,  fifty  dollars  per  month; 
in  townships  having  a  pojmlation  of  five  hundred  and  less  than  eight 
hundred,  twenty  dollars  per  month;  in  townships  having  a  poj'ulation 
of  less  than  five  hundred,  ten  dollars  per  month.  In  addition  to  the 
monthly  salary  allowed  herein,  each  constable  may  receive  and  retain 
for  his  own  use  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law  for  all  services  performed  by  him  in  civil  actions. 

16.  The  supervisors,  the  sum  of  one  hundred  and  twenty-five  dollars 
per  month,  each,  us  supervisors  and  road  commissioners,  and  actual 
traveling  exjienses  not  to  exceed  five  hundred  dollars  for  each  super- 
visor  in   any  one  year. 

17.  Grand  jurors  and  juro-s  in  the  superior  court  in  criminal  cases 
shall  be  paid  two  dollars  and  fifty  cents  per  day  for  each  day's  at- 
tendance, and  for  each  mile  actually  traveled  in  going  only,  while  act- 
ing as  such  juror,  fifteen  cents;  and  the  judge  of  said  court  shall  make 
an  order  directing  the  auditor  to  draw  his  warrant  on  the  treasurer 
in  favor  of  such  juror  for  said  per  diem  and  mileage,  and  the  treasurer 
shall  pay  the  same. 

IS.  The  population  of  townships  shall,  for  the  purpose  of  this  section, 
be  determined  by  the  last  preceding  United  States  census,  and  in  case 
townships  are  formed  after  the  taking  of  the  census,  then  the  popula- 
tion shall  be  determined  by  multiplying  the  vote  for  governor  cast  in 
such  township,  at  the  last  preceding  election,  by  four.  [Amendment 
approved  April  29,  1911;  Stats.  1911,  p.  1236.] 

There    was    another    §  4237    adopted    at    the    same    session.      See    Stats.    1911, 

p.   143. 

Couijties,  ninth  class — San  Joaquin.     Salaries  of  officers. 

§  4238.  In  counties  of  the  ninth  class,  the  county  and  township  offi- 
cers shall  receive  as  compensation  for  the  services  rerpiired  of  them 
by  law,  or  by  virtue  of  their  office,  the  following  salaries,  to  wit: 


661  POLITICAL    CODE.  §  4238 

County  clerk. 

1.  The  county  clerk,  three  thousand  six  hundred  dollars  per  annum. 
This  is  a  decrease  of  the  compensation  of  the  county  clerk  and  shall 
apply  to  the  present  incumbent. 

Sheriff. 

2.  Tlie  sheriff,  four  thousand  five  hundred  dollars  per  annum.  The 
sheriff  shall  also  be  allowed  his  actual,  reasonable  and  necessary  ex- 
penses in  all  civil  and  criminal  cases.  This  is  a  decrease  of  the  com- 
pensation of  the  sheriff  and  shall  apply  to  the  present  incumbent. 

Becorder. 

3.  The  recorder,  two  thousand  seven  hundred  and  fifty  dollars  per 
annum. 

Auditor. 

4.  The  auditor,  three  thousand  six  hundred  dollars  per  annum. 

Treasurer. 

5.  The  treasurer,  two  thousand  six  hundred  dollars  per  annum. 

Tax  collector. 

6.  The  tax  collector,  one  thousand  nine  hundred  dollars  per  annum. 
The  tax  collector  shall  pay  all  his  own  traveling  expenses. 

Assessor. 

7.  The  assessor,  foar  thousand  dollars  per  annum.  The  assessor  shall 
also  receive  his  actual,  reasonable  and  necessary  expenses  while  en- 
gaged in  his  official  duties  in  the  field. 

District  attorney. 

8.  The  district  attorney,  three  thousand  six  hundred  dollars  per  an- 
num. 

Coroner. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

Public  administrator. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

Superintendent  of  schools. 

11.  The  superintendent  of  schools,  three  thousand  three  hundred 
dollars  per  annum.  The  superintendent  of  schools  shall  pay  all  his  own 
traveling  expenses  when  visiting  the  schools  of  his  county. 

Surveyor, 

12.  The  surveyor,  twenty-four  hundred  dollars  per  annum,  and  actual, 
reasonable  and  necessary  expenses  when  engaged  in  the  field  or  in  the 
office  in  the  discharge  of  his  official  duties  in  the  county. 

Justices  of  the  peace. 

13.  .Tustices  of  the  peace  shall  receive  the  following  salaries  for  all 
services  rendered  by  them,  payable  iu  the  same  manner  as  countv  offi- 


§  4238  POLITICAL   CODE.  662 

cers  are  paid — viz.:  in  townships  having  a  population  of  twenty  thou- 
sand or  more,  two  hundred  and  fifty  dollars  per  month;  in  townships 
having  a  population  of  not  less  than  five  thousand  nor  more  than  twenty 
thousand,  one  hundred  dollars  per  month;  in  townships  having  a  popula- 
tion of  not  less  than  three  thousand  nor  more  than  five  thousand,  sixty 
dollars  per  month;  in  townships  having  a  population  of  not  less  than 
two  thousand  nor  more  than  three  thousand,  forty-five  dollars  per  month; 
in  townships  having  a  population  of  not  less  than  one  thousand  four 
hundred  nor  more  than  two  thousand,  thirty-five  dollars  per  month;  in 
all  townships  having  a  population  of  less  than  one  thousand  four 
hundred,  twenty-five  dollars  per  month.  The  compensation  herein  fixed 
for  justices  of  the  peace  shall  be  in  full  for  all  services  rendered,  and 
all  fees  collected  by  them  shall  be  paid  into  the  county  treasury  as 
provided  by  law,  provided,  that  justices  of  the  peace  now  holding  oflSce 
shall,  during  their  present  term,  be  entitled  to  retain  for  their  own  use 
all  civil  fees.  In  townships  having  a  population  of  twenty  thousand  or 
more,  the  justice  of  the  peace  shall  be  allowed  a  clerk,  which  position 
is  hereby  created.  Such  clerk  shall  be  appointed  by  the  justice  of  the 
peace  of  said  township,  and  shall  hold  office  during  the  pleasure  of  said 
justice  of  the  peace.  Said  clerk  shall  give  a  bond  in  the  sum  of  five 
thousand  dollars,  with  at  least  two  sureties  to  be  approved  by  a  judge 
of  the  superior  court  of  the  county  in  which  said  township  is  situated, 
conditioned  for  the  faithful  discharge  of  the  duties  of  the  office;  and  he 
shall  receive  an  annua)  salary  of  twelve  hundred  dollars.  The  justice's 
clerk  shall  keep  a  record  of  the  proceedings  of  the  said  court,  and  shall 
issue  all  process  ordered  by  the  court,  and  shall  collect  and  receive 
all  fines  and  forfeitures  in  criminal  cases  and  pay  the  same  to  the 
authorities  legally  entitled  to  receive  the  same,  at  the  time  and  in  the 
manner  provided  by  law.  He  shall  prepare  bonds,  justify  bail  when  the 
amount  has  been  fixed  by  the  court,  and  shall  have  authority  to  admin- 
ister and  certify  oaths,  and  take  and  certify  affidavits  in  any  action, 
suit  or  proceeding  in  said  justice's  court.  The  clerk  shall  be  in  attend- 
ance on  the  court  in  the  courtroom  of  said  justice's  court  for  the 
disjiatch  of  official  business,  daily,  legal  holidays  excepted,  from  the 
hour  of  9  o'clock  A.  M.  until  5  o'clock  P.  M.,  and  during  such  reasonable 
times  thereafter  as  may  be  necessary  for  the  proper  performance  of  his 
duty. 

Constables. 

14.  Constables  shall  receive  the  following  salaries  for  all  services 
rendered  by  them  in  criminal  cases,  payable  monthly  in  the  same  man- 
ner as  county  officers  are  paid — viz.:  In  townships  having  a  popula- 
tion of  fourteen  thousand  or  more,  one  hundred  dollars  per  month; 
in  townships  having  a  population  of  not  less  than  five  thousand  and  not 
more  than  fourteen  thousand,  seventy-five  dollars  per  month;  in  town- 
ships having  a  population  of  not  less  than  three  thousand  nor  more 
than  live  thousand,  fifty  dollars  i>er  mouth;  in  townships  having  a 
population  of  not  less  than  two  thousand  nor  more  than  three  thousand, 


663  POLITICAL   CODE,  §  4238 

forty-five  dollars  per  month;  in  townships  havinjr  a  population  of  not 
less  than  one  thousand  four  hundred  nor  more  than  two  thousand, 
thirty-five  dollars  per  month.  In  all  townships  having  a  population 
of  less  than  one  thousand  four  hundred,  twenty-five  dollars  per  month. 
Constables  in  epunties  of  this  class  shall  also  receive  for  their  own  use 
and  benefit  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law 
for  mileage  in  criminal  cases  and  shall  also  receive  such  fees  as  are 
now  or  may  hereafter  be  allowed  by  law  in  civil  cases,  i^ueh  mileage 
in  criminal  cases  is  intended  to  cover  the  ordinary  expenses  of  con- 
stables, and  other  than  such  mileage,  they  shall  be  allowed  the  follow- 
ing expenses  and  no  other,  to  wit:  In  criminal,  insane,  inebriate  and 
drug  habitue  cases,  the  actual,  reasonable  and  necessary  cost  of  trans- 
porting prisoners  to  and  from  the  county  jail;  of  supporting  such  prison- 
ers while  in  their  custody;  of  pursuing  criminals  when  a  felony  has 
been  committed  within  their  township  and  no  warrant  has  been  issued, 
whether  an  arrest  is  made  or  not;  of  transporting  inebriates,  drug 
habitues  and  insane  persons  from  the  justice's  court  to  the  place  of 
detention  and  from  the  place  of  detention  to  the  superior  court,  and 
from  the  superior  court  to  the  insane  asylum,  but  no  mileage  shall  be 
allowed  for  such  transportation  to  the  place  of  detention,  to  the 
superior  court,  or  to  the  insane  asylum. 

Supervisors. 

15.  Each  member  of  the  board  of  supervisors,  twelve  hundred  dol- 
lars per  annum,  and  their  necessary  expenses  when  attending  to  the 
business  of  the  county,  other  than  the  meetings  of  the  board;  and  fifteen 
cents  a  mile  in  traveling  to  and  from  his  residence  to  the  county  seat; 
provided,  that  not  more  than  one  mileage  at  any  one  term  of  the  board 
shall  be  allowed.  Each  member  of  said  board  may  be  allowed  his 
actual  expenses  in  attending  the  annual  state  con\ention  of  members 
of  county  boards  of  supervisors;  provided,  that  the  total  expense  of 
all  members  attending  such  convention  shall  not  exceed  fifty  dollars 
in  any  one  year. 

Bonds. 

IG.  The  bonds  of  the  clerk,  sheriff,  recorder,  auditor,  treasurer,  tax 
collector,  assessor,  district  attorney,  coroner,  public  administrator, 
superintendent  of  schools  and  surveyor,  shall  be  executed  with  a  relia^ 
ble  bond  and  security  company  and  the  cost  of  said  bond  when  duly 
approved,  shall  be  a  charge  against  the  county,  and  payable  out  of 
the   general   fund. 

Deputies  and.  assistants. 

17.  The  county  clerk  shall  have  one  chief  deputy,  at  a  salary  of 
twenty-one  hundred  dollars  per  annum;  three  courtroom  deputies  "at  a 
salary  of  fifteen  hundred  dollars  per  annum  each,  three  ofiice  deputies 
at  a  salary  of  twelve  hundred  dollars  per  annum  each;  one  deputy  who 
shall   act   as   clerk   to    the   board    of   supervisors    at    a   salary   of   iSfteen 


§  4238  POLITICAL   CODE.  664 

hundred  dollars  per  annum;  and  a  deputy  or  deputies  not  to  exceed  ten, 
for  the  purpose  of  registering  electors  or  other  emergencies,  who  shall 
be  paid  not  to  exceed  three  and  a  half  dollars  per  diem  each;  also  a 
deputy  or  deputies  not  to  exceed  ten,  to  register  electors  outside  of 
the  county  seat,  who  shall  receive  a  compensation  of  eight  cents  for 
each  elector  registered,  and  shall  receive  no  other  compensation  or 
expenses.  The  county  recorder  one  first  assistant  at  a  salary  of  eigh- 
teen hundred  dollars  per  annum;  one  second  assistant  at  a  salary  of 
fifteen  hundred  dollars  per  annum;  two  comparing  or  indexing  clerks 
at  a  salary  of  twelve  hundred  dollars  per  annum  each;  two  copyists 
at  a  salary  of  twelve  hundred  dollars  per  annum  each;  the  recorder 
may,  with  the  consent  of  the  board  of  supervisors,  hire  necessary 
assistants  in  cases  of  emergency  at  a  salary  not  to  exceed  three  dol- 
lars and  fifty  cents  per  diem,  each,  nor  shall  the  aggregate  salaries  for 
such  work  exceed  twenty-four  hundred  dollars  in  any  one  calendar  year. 
The  treasurer,  one  chief  deputy  at  a  salary  of  two  thousand  four  hun- 
dred dollars  per  annum,  and  one  deputy  at  a  salary  of  eighteen  hundred 
dollars  per  annum;  and  one  deputy  at  a  salary  of  twelve  hundred  dol- 
lars per  annum,  and  an  emergency  deputy,  which  position  is  hereby 
created,  at  a  salary  of  four  dollars  per  diem;  which  said  emergency 
deputy  shall  not  receive  more  than  five  hundred  dollars  in  any  one 
calendar  year.  The  county  auditor,  one  chief  deputy  at  a  salary  of 
eighteen  hunclred  dollars  per  annum,  one  deputy  at  a  salary  of  fifteen 
hundred  dollars  per  annum;  the  auditor  may,  with  the  consent  of  the 
board  of  supervisors,  hire  necessary  assistants  for  the  purpose  of  ex- 
tending taxes,  and  in  cases  of  emergency  at  a  salary  not  to  exceed 
three  and  a  half  dollars  per  diem  each,  nor  shall  the  aggregate  salaries 
for  such  emergency  work  exceed  six  hunilred  dollars  in  any  one  calendar 
year.  The  district  attorney,  an  assistant  district  attorney,  at  a  salary 
of  two  thousand  seven  hundred  dollars  per  annum;  and  one  deputy 
district  attorney,  at  a  salary  of  eighteen  hundred  dollars  per  annum; 
and  one  stenographer  at  a  salary  of  twenty  one  hundred  dollars  per 
annum;  the  superintendent  of  si-hools,  one  deputy  at  a  salary  of  twelve 
hundred  dollars  per  annum.  The  sheriff,  an  under  sheriff,  who  shall 
receive  a  salary  of  twenty-one  hundred  dollars  per  annum;  a  clerk  who 
shall  receive  a  salary  of  fifteen  hundred  dollars  per  annum;  a  stenog- 
rapher and  clerk  who  shall  receive  a  salary  of  twelve  hundred  dollars 
per  annum;  two  deputy  sheriffs,  who  shall  receive  a  salary  of  twelve 
hundred  dollars  per  annum  each,  three  bailiffs  or  courtroom  deputies, 
who  shall  receive  a  salary  of  twelve  hundred  dollars  per  annum  each; 
two  jailers  who  shall  receive  a  salary  of  twelve  hundred  dollars  per 
annum  each;  one  deputy  sheriff  for  emergencies  and  as  a  guard  for 
the  working  prisoners,  who  shall  receive  a  salary  of  twelve  hundred 
dollars  per  annum;  and  a  deputy  sheriff  for  the  purpose  of  serving 
papers  and  other  emergencies  who  shall  be  paid  not  to  exceed  three 
and  a  half  dollars  per  diem.  Th.^  county  surveyor,  one  chief  deputy, 
which  position  is  hereby  created,  who  shall  be  paid  a  salary  of  eighteen 


665  POLITICAL  CODE.  §  4238 

hundred  dollars  per  annum.  The  coroner,  one  deputy,  which  position  is 
hereby  created,  who  shall  be  paid  by  the  coroner  out  of  his  fees.  The 
county  assessor  shall  have  one  chief  deputy  at  a  salary  of  twenty-one 
hundred  dollars  per  annum;  two  office  deputies  at  a  salary  of  twelve 
hundred  dollars  each  per  annum;  one  office  do])uty  at  a  salary  of  nine 
hundred  dollars  per  annum;  three  office  deputies  for  preparing  assess- 
ment-rolls to  serve  not  to  exceed  ninety  days  each  in  any  one  year  at  a 
salary  of  four  dollars  per  diem  each;  seventeen  field"  deputies  to  serve 
not  to  exceed  eighty  days  each  in  any  one  year  at  a  salary  of  four 
dollars  per  diem  each.  All  the  deputies,  assistants,  emergency  help, 
and  clerks  herein  mentioned  shall  be  paid  at  the  time  and  in  the  man- 
ner that  the  principals  are  paid,  and  they  shall  be  paid  from  the  salary 
fund. 

Salaries,  etc.,  payment  in  full. 

IS.  The  salaries,  fees,  mileage  and  commissions  herein  provided  shall 
be  in  full  for  all  official  services  performed.  No  county,  distric^'t  or 
township  officer  shall  receive  from  the  county  any  salary,  compensation, 
fees,  commission  or  mileage,  except  as  in  this  section  provided.  All 
compensation,  commissions,  fees  and  mileage  now  or  hereafter  provided 
by  law  to  be  paid  to  any  county,  district  or  township  officer  for  any 
official  service,  except  as  in  this  section  otherwise  provided,  shall  be 
paid  into  the  county  treasury  to  the  credit  of  the  general  fund,  unless 
some  other  fund  is  specially  designated  by  law.  All  compensations, 
fees,  commissions  and  mileage,  except  as  in  this  section  otherwise  pro- 
vided, received  by  any  county,  district  or  township  officer,  either  as 
such  officer,  or  as  the  agent  of  the  state  of  California,  or  of  any  officer 
thereof,  or  as  the  agent  of  any  political  subdivision  of  the  state  of 
California,  or  of  any  officer  thereof,  shall  be  paid  into  the  county  treas- 
ury to  the  credit  of  the  general  fund,  unless  some  other  fund  is 
specially  designated  by  law. 

Until  such  county,  district  or.  township  officer  shall  pay  into  the 
county  treasury  all  compensation,  commissions,  fees  and  mileage  as 
herein  required  to  be  paid,  he  shall  receive  no  salary,  and  it  shall  be 
the  duty  of  the  auditor  to  refuse  to  deliver  to  him  thereafter  a  salary 
warrant,  and  it  shall  be  the  duty  of  the  treasurer  to  refuse  to  pay  the 
same. 

Fees,  jurors. 

19.  For  attending  as  a  grand  juror  or  as  a  juror  in  the  superior  court,, 
for  each  day's  attendance  per  day  three  dollars  and  fifty  cents.  For 
each  mile  actually  traveled  in  attending  court  as  a  juror,  in  going  only, 
per  mile,  twenty-five  cents.  [Amendment  approved  June  16,  1913; 
Stats.    1913,    p.    1230.] 

Also   amended   February   28,   1911    (Stats.   1911,   p.   147),   and  April   27,   1911 
(Stals.   1911,  p.   1187). 
Citations.      App.   18/461. 


§  4239  POLITICAL   CODE.  666 

Counties,  tenth  class — Sonoma.     Salaries  of  officers. 

§  4239.  In  counties  of  the  tenth  class  the  county  officers  shall  receive 
as  compensation  for  the  services  required  of  them  by  law  or  by  virtue 
of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  two  thousand  dollars  per  annum;  provided  that 
he  shall  appoint  one  deputy  at  a  salary  of  fifteen  hundred  dollars  per 
annum,  two  courtroom  deputies  at  a  salary  of  twelve  hundred  dollars 
per  annum  each,  one  office  deputy  at  twelve  hundred  dollars  per  annum, 
and  a  deputy  or  deputies  not  to  exceed  two  for  the  purpose  of  register- 
ing electors,  to  be  paid  not  to  exceed  four  dollars  per  diem  each,  pro- 
vided, that  such  deputies  so  employed  for  registering  electors  shall  not 
be  employed  except  during  a  year  when  a  general  election  is  held  through- 
out the  state,  and  then  only  between  the  first  day  of  June  and  the  fif- 
teenth day  of  November  of  said  year.  Each  of  said  deputies  to  be  paid 
at  the  same  time  and  in  the  same  manner  as  county  officers  are  paid. 

2.  The  sheriff,  two  thousand  dollars  per  annum,  provided,  he  shall  ap- 
point one  under-sheriff  at  a  salary  of  fifteen  hundred  dollars  per  annum, 
and  three  deputy  sheriffs,  at  a  salary  of  twelve  hundred  dollars  per  an- 
num each;  said  under-sheriff  and  each  of  said  deputies  shall  be  paid 
at  the  same  time  and  in  the  same  manner  as  county  officers  are  paid. 
The  sheriff  sliall  also  receive  such  fees  as  are  allowed  sheriffs  by  section 
4300b  of  the  Political  Code  of  the  state  of  California,  except  that  for 
traveling  in  the  service  of  any  paper  required  by  law  to  be  served,  in 
either  civil  or  criminal  process  or  proceeding  for  each  mile  actually 
and  necessarily  traveled,  one  way  only,  twenty  cents.  No  constructive 
mileage  to  be  allowed. 

3.  The  recorder,  two  thousand  dollars  per  annum,  provided,  that  the 
recorder  shall  appoint  one  deputy  at  a  salary  of  twelve  hundred  dollars 
per  annum,  and  four  copyists  at  a  salary  of  nine  hundred  dollars  each 
per  annum  to  be  paid  at  the  same  time  and  in  the  same  manner  as  county 
officers  are  jiaid,  provided,  that  said  copyists  being  eligible,  may  be  ap- 
pointed  deputies  of  said   recorder  without   further   compensation. 

4.  The  auditor,  two  thousand  four  hundred  dollars  per  annum;  pro- 
vided, that  the  expenses  incurred,  if  any,  in  making  extensions  of  assess- 
ments and  tax-rolls  shall  be  paid  out  of  said  sura  of  two  thousand  four 
hundred  dollars,  compensation  above  mentioned;  and  provided,  further, 
that  said  auditor  shall  appoint  one  deputy  at  a  salary  of  nine  hundred 
dollars  per  annum,  to  be  paid  at  the  same  time  and  in  the  same  manner 
as  county  officers  are  paid. 

5.  The  treasurer,  two  thousand  dollars  per  annum,  and  such  fees  as 
are  now  or  may  hereafter  be  allowed  by  law.  Provided,  that  the  treas- 
urer shall  appoint  one  deputy  at  a  salary  of  nine  hundred  dollars  per 
annum,  to  be  paid  at  the  same  time  and  in  the  same  manner  as  county 
officers  are  paid. 

6.  The  tax  collector,  three  thousand  dollars  per  annum,  and  such  fees 
as  are  now  or  may  hereafter  be  allowed  him  by  law  for  the  collection 
of  all  county  licenses;  provided,  that  the  tax  collector  shall  appoint  as 


667  POLITICAL  CODE.  §  4239 

many  deputies  as  may  be  necessary,  all  of  which  deputies'  salaries  shall 
be  paid  out  of  the  compensation  above  named;  and  provided,  furtlier, 
said  tax  collector  shall  appoint  one  revenue  and  taxation  deputy  to  be 
paid  for  only  between  August  1st  and  January  1st  each  year  (five 
months),  at  a  salary  of  one  hundred  dollars  per  month,  and  which  last 
named  deputy  shall  be  paid  at  the  same  time  and  in  the  same  manner 
as  county  officers  are  paid. 

7.  The  assessor,  four  thousand  two  hundred  dollars  per  annum;  pro- 
vided, that  the  assessor  shall  appoint  one  chief  deputy,  at  a  salary  of 
twelve  hundred  dollars  per  annum,  and  as  many  deputy  assessors  as  may 
be  necessary,  all  of  which  deputies'  salaries  shall  be  paid  by  the  said 
assessor  out  of  said  four  thousand  two  hundred  dollars'  compensation 
above  mentioned;  and  provided,  further,  that  he  shall  appoint  one 
revenue  and  taxation  deputy  at  a  salary  of  fifteen  hundred  dollars  per 
annum,  and  which  last  named  deputy  shall  be  paid  at  the  same  time  and 
in  the  same  manner  as  county  officers  are  paid. 

8.  The  district  attorney,  twenty-four  hundred  dollars  per  annum,  pro- 
vided, that  he  shall  appoint  one  assistant  district  attorney  at  a  salary 
of  eighteen  hundred  dollars  per  annum,  and  one  deputy  district  attorney 
at  a  salary  of  twelve  hundred  dollars  per  annum,  and  one  stenographer 
at  a  salary  of  seven  hundred  and  twenty  dollars  per  annum;  said  as- 
sistant, deputy  and  stenographer  to  be  paid  at  the  same  time  and  in  the 
same  manner  as  county  officers  are  paid. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  two  thousand  dollars  per  annum, 
and  actual  traveling  expenses  when  visiting  the  schools  of  his  county; 
provided,  said  superintendent  of  schools  may  appoint  a  deputy  at  a  salary 
of  twelve  hundred  dollars  per  annum,  payable  at  the  same  time  and  in 
the  same  manner  as  county  officers  are  paid. 

12.  The  surveyor,  eighteen  hundred  dollars  per  annum  for  all  work 
performed  for  the  county,  and  in  addition  thereto  all  necessary  and 
actual  traveling  expenses  incurred  in  connection  with  field  work,  and 
all  fees  allowed  by  law;  provided,  that  out  of  the  compensation  here- 
inabove provided  he  shall  pay  the  cost  of  platting,  tracing  or  otherwise 
preparing  maps,  plats  or  block-books  for  the  use  of  the  county  assessor; 
provided,  further,  that  all  property  ownership  books,  data,  and  tran- 
script records  required  for  making  such  maps,  plats,  or  block-books 
shall  be  procured  at  the  expense  of  the  county  in  such  manner  and  by 
such  persons  as  the  board  of  supervisors  may  direct  and  furnish  to  the 
surveyor;  and  provided,  further,  that  the  fees  for  land  surveys,  except 
when  done  for  the  county,  shall  be  .ten  dollars  per  day,  or  fraction 
thereof,  and  in  addition  thereto  all  necessary  and  actual  traveling  ex- 
penses.    He  shall  appoint  a  deputy  at  a  salary  of  nine  hundred  dollars 


§  i'2'69  POLITICAL   CODE.  668 

per  annum,  payable  at  the  same  time  and  in  the  s'nme  manner  as  county 
officers  are  paid. 

13.  The  justices  of  the  peace,  the  following  monthly  salaries,  to  be 
paid  each  month  as  the  salaries  of  county  officers  are  paid,  which  shall 
be  in  full  for  all  services  rendered  by  them  in  criminal  cases. 

In  townships  having  a  population  of  thirteen  thousand  or  more,  one 
hundred  and  twenty-five  dollars  per  month; 

In  townships  having  a  population  of  over  eight  thousand  and  less  than 
thirteen  thousand,  seventy-five  dollars  per  month; 

In  townships  having  a  population  of  four  thousand  and  less  than  eight 
thousand,  fifty  dollars  per  month; 

In  townships  having  a  population  of  fifteen  hundred  and  less  than 
four  thousand,  twenty-five  dollars  per  month. 

In  townships  having  a  population  of  one  thousand  and  less  than  fifteen 
hundred,  twenty  dollars  per  month; 

In  townships  having  a  jpopuiation  of  less  than  one  thousand,  ten  dol- 
lars per  month.  In  addition  to  the  monthly  salaries  herein  allowed,  each 
justice  of  the  peace  may  receive  and  retain  for  his  own  use  such  fees 
as  are  now  or  may  hereafter  be  allowed  by  law  for  all  services  rendered 
by  him  in  civil  actions.  Each  justice  of  the  peace  must  pay  into 
the  county  treasury  once  a  month  all  fines  collected  by  him;  and  pro- 
vided, further,  that  for  the  purposes  of  this  subdivision  the  population 
of  the  several  townships  shall  be  ascertained  from  the  United  States 
census  reports  of  191U. 

14.  In  townships  having  a  population  of  thirteen  thousand  or  more, 
constables  shall  receive  as  compensation,  in  lieu  of  all  fees  in  criminal 
cases,  the  sum  of  one  hundred  dollars  per  month;  in  townships  having 
a  population  of  eight  thousand  and  less  than  thirteen  thousand,  the 
sum  of  sixty  dollars  a  month;  in  townships  having  a  population  of  four 
thousand  and  less  than  eiglit  thousand,  the  sum  of  forty  dollars  a  month; 
in  townships  having  a  population  of  fifteen  hundred  and  less  than  four 
thousand,  fifteen  dollars  per  month;  in  townships  having  a  population 
of  one  thousand  and  less  than  fifteen  hundred,  ten  dollars  per  month; 
in  townships  having  a  population  of  less  than  one  thousand,  five  dollars 
l)er  month;  provided,  tliat  in  addition  to  the  fees  and  salaries  herein 
allowed,  each  constable  shall  receive  for  traveling  expenses  outside  of 
his  own  township,  but  within  his  own  county,  for  tiie. service  of  a  civil 
or  criminal  process,  the  sum  of  fifteen  cents  per  mile  for  each  mile  ac- 
tually and  necessarily  traveled,  one  daj*  only,  no  constructive  mileage  to 
be  allowed,  and  provided,  further,  that  such  salaries  for  services  in  crim- 
inal cases  shall  be  paid  at  the  same  time  and  in  the  same  manner  as  the 
salaries  of  county  officers  are  paid;  and  provided,  further,  that  in  addi- 
tion to  the  salaries  provided  for  herein,  constables  in  all  townships  shall 
receive  for  their  own  use  the  fees  which  are  now  or  may  hereafter  be 
allowed  by  law  in  civil  cases;  and  provided,  further,  that  for  the  pur- 
pose of  this  subdivision,  the  population  of  the  several  townships  shall 
be  ascertained  from  the  United  States  census  reports  of  1910. 


669  POLITICAL   CODE.  §  4240 

15.  Each  member  of  the  board  of  supervisors  for  all  services  required 
of  them  by  law,  or  by  virtue  of  their  office,  except  as  road  commissioners, 
shall  be  allowed  ten  hundred  dollars  per  annum  as  a  salary,  and  fifteen 
cents  per  mile  in  traveling  to  and  from  his  place  of  residence  to  the 
liiurthouse;  provided,  that  only  one  mileage  must  be  allowed  at  each 
trim;  and  provided,  further,  that  said  salary  and  mileage  shall  be  in 
lieu  of  all  fees  otherwise  provided  by  law  for  supervisors.  Each  super- 
visor shall  receive  for  services  as  road  commissioner,  thirty  cents  per 
mile  one  way  for  all  distances  actually  traveled  by  him  in  the  perform- 
ance of  his  duties,  provided,  that  he  shall  not  in  any  one  year  receive 
more  than  four  hundred  dollars  as  such  road  commissioner.  Provided, 
that  no  member  of  the  board  of  supervisors  or  other  county  officer,  shall, 
except  for  his  own  services  or  expenses,  present  or  verify  by  his  oath 
iittached  thereto,  any  claim,  account,  or  demand  for  allowance  against 
the  county. 

16.  All  salaries  herein  not  otherwise  provided  for  shall  be  paid  out 
of  the  treasury  of  said  county  in   equal  monthly   paj-ments   on   the  last 

I  day  of  each  month.  [Amendment  approved  April  28,  1911;  Stats.  1911, 
!    p.  1208.] 

i  There    was    another    |  4239    adopted    at    the    same    session.      See    Stats.    1911, 

p.    150. 

Counties,   eleventh  class — Kern.     Salaries  of  officers. 

§  42i0.  In  counties  of  the  eleventh  class  the  officers  shall  receive 
as  compensation  for  the  services  required  of  them  by  law,  or  by  virtue 
of  their  office,  the  following  salaries,  to  wit: 

County  clerk. 

1.  The  county  clerk,  thirty-six  hundred  dollars  per  annum,  and  twelve 
and    one-half    cents    for    each    elector    registered.     In    counties    of    this 

;     class   the   county   clerk   may   appoint   four   deputy   county   clerks,   which 

■  offices  of  deputy  county  clerks  are  hereby  created;  one  at  a  salary  of 
eighteen  hundred  dollars  per  annum;  two  at  a  salary  of  fifteen  hundred 
dollars  per  annum,  and  one  at  a  salary  of  twelve  hundred  dollars  per 
annum  to  hold  office  at  the  pleasure   of  the  county  clerk.     The  salaries 

I  and  compensation  of  all  said  deputy  county  clerks  herein  provided  for, 
each  of  whom  shall  be  a  deputy  county  clerk,  shall  be  paid  by  said 
county  in  monthly  installments  at  the  same  time  and  in  the  same  man- 
ner and  out  of  the  same  funds  as  the  salary  of  the  county  clerk  is  paid. 

Sheriff. 

2.  The  sheriff,  forty-eight  hundred  dollars  per  annum.     The  sheriff  shall 

■  also  receive  for  his  own  use  the  fees  for  mileage,  which  are  now  or 
;  which  may  hereafter  be  allowed  by  law,  and  the  fees  and  commissions 
i     for   the   service   of   all   papers   whatsoever   issued   Ey   any   court   of   this 

state,   outside   of   this   county,   and  shall   also   receive   the   necessary   ex- 
penses   in    all    criminal    cases;    provided,    that    no    constructive    mileage 


§  4240  POLITICAL    CODE.  670 

shall  be  allowed.  In  counties  of  this  class  the  sheriff  may  appoint  six 
deputy  sherififs,  which  offices  of  deputy  sherififs  are  hereby  createu;  one 
at  a  salary  of  fifteen  hundred  dollars  per  annum,  and  five  at  a  salary 
of  twelve  hundred  dollars  per  annum;  said  deputy  sheriffs  to  hold  office 
at  the  pleasure  of  the  sheriff.  The  salaries  and  compensation  of  the 
said  deputy  sheriffs  herein  provided  for,  each  of  whom  shall  be  a 
deputy  sheriff,  shall  be  paid  by  said  county  in  monthly  installments  at 
the  same  time  and  in  the  same  manner  and  out  of  the  same  funds  as 
the  salary  of  the  sheriff  is  paid. 

Recorder. 

3.  The  recorder,  four  thousand  dollars  per  annum,  and  said  recorder 
may  appoint  one  deputy  recorder  who  shall  receive  a  salary  of  twelve 
hundred  dollars  per  annum.  Said  recorder  may  also  appoint  four  copy- 
ists at  a  salary  of  nine  hundred  dollars  each  per  annum;  provided,  that 
said  copyists  being  eligible,  may  be  appointed  deputy  recorders  without 
further  compensation.  The  county  recorder  may  also  employ  such  ad- 
ditional copyists,  not  to  exceed  two,  as  may  be  required  to  copy  in- 
struments filed  for  record  within  a  reasonable  time  after  the  same 
are  filed  for  record,  and  which  the  other  copj'ists  herein  provided,  are 
unable  to  copy  within  such  time.  The  copying  done  by  such  additional 
copyists  shall  be  paid  for  out  of  the  general  fund  of  said  county  at  the 
rate  of  five  cents  per  folio  for  the  work  actually  and  necessarily  done 
in  recording  such  instruments,  and  proper  claims  therefor  shall  be  pre- 
sented to  and  allowed  by  the  board  of  supervisors.  The  salaries  and 
compensation  of  the  deputies  and  copyists  herein  provided  for  shall  be 
paid  by  the  county  in  monthly  installments  at  the  same  time  and  in 
the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the  county 
recorder  is  paid;  provided,  that  such  recorder  may  be  allowed  the  actual 
necessary  expenses  incurred  by  him  in  the  performance  of  his  official 
duties,  and  sliall  pay  into  the  county  treasury  all  fees  received  by  him 
in  liis  official  capacity  from  whatever  source  they  may  be  derived. 

Auditor. 

4.  The  auditor,  four  thousand  dollars  per  annum;  and  said  auditor  may 
appoint  one  ileputy  auditor,  whicli  office  of  deputy  auditor  is  hereby 
created,  wlio  shall  receive  a  salary  of  twelve  hundred  dollars  per  annum. 
The  deputy  herein  provided  for  sliall  be  paid  at  the  same  time  and  in  the 
same  manner  and  out  of  the  same  fund  as  the  auditor  is  paid;  provided, 
that  such  auditor  shall  pay  into  the  county  treasury  all  fees  received  by 
him  in  his  official  capacity. 

Treasurer. 

5.  The  treasurer,  four  thousand  dollars  per  annum.  In  counties  oT 
this  class  the  treasurer  may  appoint  a  deputy  county  treasurer,  which 
office  of  deputy  treasurer  is  hereby  created  at  a  salary  of  eighteen  hun- 
dred dollars  per  annum,  to  hold  office  at  the  pleasure  of  said  treasurer. 
The  salary  and  compensation  of  such  deputy  treasurer  shall  be  paid  by 


671  POLITICAL   CODE.  §  4240 

such  county  in  monthly  installments,  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  fund  as  the  salary  of  the  treasurer  is  paid; 
provided,  that  all  fees  and  commissions  collected  by  him  in  his  official 
capacity  shall  be  paid  into  the  county  treasury. 

Tax  and  license  collector. 

6.  The  tax  and  license  collector,  four  thousand  dollars  per  annum.  In 
counties  of  this  class  the  tax  and  license  collector  may  appoint  one  deputy 
tax  and  license  collector,  which  office  of  deputy  tax  and  license  collectoV 
is  hereby  created,  at  a  salary  of  twelve  hundred  dollars  per  annum;  pro- 
vided, further,  [he]  may  appoint  five  clerks  to  serve  as  such  only  for  a 
period  of  four  months  each  year,  and  who  shall  receive  a  salary  of  sixty 
dollars  each  per  month.  The  deputies  hereby  provided  for  shall  be  paid 
at  the  same  time  and  in  the  same  manner  and  out  of  the  same  fund  as 
the  tax  and  license  collector  is  paid.  Said  salaries  shall  be  in  full  for 
all  services  rendered,  and  all  fees  and  commissions  shall  be  paid  into 
the  county  treasury. 

Assessor. 

7.  The  assessor,  five  thousand  dollars  per  annum.  In  counties  of  this 
class  there  shall  be  and  there  is  hereby  allowed  to  the  assessor  the  follow- 
ing deputies  and  employees,  who  shall  be  appointed  by  the  assessor  and 
who  shall  be  paid  salaries  as  follows:  One  deputy  assessor,  who  shall 
receive  a  salary  of  fifteen  hundred  dollars  per  annum;  one  deputy 
assessor  who  shall  receive  a  salary  of  twelve  hundred  dollars  per  annum; 
two  deputies  for  a  period  not  to  exceed  four  months  each  year,  whose 
per  diem  shall  be  six  dollars  each  when  actually  employed;  two  deputies 
for  a  period  not  to  exceed  four  months  each  year,  whose  per  diem  shall 
be  five  dollars  when  actually  employed;  fourteen  deputies  for  a  period 
not  to  exceed  four  months  each  year,  whose  per  diem  shall  be  four 
dollars  when  actually  employed;  two  copyists  for  a  period  not  to  exceed 
four  months  each  year,  whose  per  diem  shall  be  two  and  one-half  dollars 
when  actually  employed  and  one  stenographer  for  a  period  not  exceeding 
four  months  in  each  year,  at  a  salary  of  eighty  dollars  per  month;  pro- 
vided, that  the  above  salaries  and  compensations  shall  be  in  full  for  all 
services  rendered  by  him  as  such  assessor  and  that  no  commission  for  the 
collection  of  state  taxes  or  infirmary  poll  taxes  or  road  taxes  or  personal 
property  taxes  shall  be  retained  by  him,  nor  shall  the  assessor  receive 
any  compensation  for  making  out  the  military-roll  of  persons  returned 
to  hiin  as  subject  to  military  duty  as  provided  by  section  1901  of  the 
Political  Code  of  the  state  of  California,  but  that  all  fees  and  commis- 
sions shall  be  paid  into  the  county  treasury.  The  deputies  herein  pro- 
vided for  shall  be  paid  at  the  same  time  and  in  the  same  manner  and 
out  of  the  same  fund  as  is  the  county  assessor;  provided,  that  the 
assessor  shall  be  allowed  the  actual  and  necessary  expenses  incurred  by 
him  in  the  performance  of  his  official  duties. 


§  4240  POLITICAL   CODE.  672 

District  attorney. 

8.  The  district  attorney,  four  thousand  dollars  per  annum.  In  counties 
of  this  class  the  district  attorney  may  appoint  one  deputy  district 
attorney,  which  office  of  deputy  district  attorney  is  hereby  created,  at 
a  salary  of  eighteen  hundred  dollars  per  annum;  to  be  paid  monthly  out 
of  the  county  treasury  in  the  same  manner  and  at  the  same  time  and  out 
of  the  same  fund  as  the  county  officers  are  paid;  the  said  deputy  district 
attorney  to  hold  office  at  the  pleasure  of  the  district  attorney;  and  pro- 
vided, further,  that  in  counties  of  this  class  there  shall  be  and  thow 
is  hereby  allowed  the  district  attorney  as  an  employee  of  the  county, 
stenographer,  to  be  appointed  by  the  district  attorney,  at  a  salary  n. 
one  hundred  dollars  per  month,  to  be  paid  monthly  out  of  the  county 
treasury  in  the  same  manner  and  at  the  same  time  and  out  of  the  same 
fund  as  the  couuty  officers  are  paid. 

Coroner  and  public  administrator. 

9.  The  coroner  and  public  administrator,  three  thousand  dollars  per 
annum  and  his  actual  necessary  exjienses  in  traveling  outside  of  tlip 
county  seat.  He  shall  hold  inquests  as  prescribeil  by  chapter  2,  title  I'J. 
part  2,  of  the  Penal  Code,  except  that  he  may  in  his  discretion,  dispense 
with  a  jury.  The  coroner  or  other  officer  holding  an  inquest  upon  the 
body  of  a  deceased  person  may  subpoena  a  physician  or  surgeon  to  in- 
spect a  body,  or  a  chemist  to  make  an  analysis  of  the  contents  of  the 
stomach  or  tissues  of  the  body,  or  hold  a  postmortem  examination  of  the 
deceased,  and  give  his  professional  ojiinion  as  to  the  cause  of  death.  The 
coroner,  in  counties  of  tins  class,  sliail  be  and  is  hereby  allowed  one 
deputy  at  a  salary  of  one  hundred  dollars  per  month;  said  deputy  shall 
have  the  power  and  it  shall  be  his  duty  when  directed  by  the  coroner, 
to  hold  inquests,  and  ail  power  conferred  by  law  upon  the  coroner  may 
be  exercised  by  said  deputy.  The  salary  of  the  deputy  herein  provided 
for  shall  be  paid  by  the  county,  in  the  same  manner,  at  the  same  time, 
and  out  of  the  same  funds  as  the  salary  of  the  coroner  and  public  ad- 
ministrator is  paid.  .\11  fees  and  commissions  collected  by  him  in  his 
official  cajiacity  shall  be  paid  into  tlie  county  treasury. 

Superintendent  of  schools. 

11).  The  superintendent  of  schools,   three  thousand   dollars   per  annum, 
which  shall  include  his  services  as  a  member  of  the  board  of  education, 
and  his  actual  traveling  expenses  wiien  visiting  schools.     In  counties  of 
this  class,  the  superintendent  of  schools  may  appoint  two  deputy  superin- 
tendents  of   schiiols,    which    offices   ot   deputy   superintendents   of   scIh 
are    hereby    created,    at    a    salary    of    twelve    hundred    dollars    each    ; 
annum;  the  said  deputy  superintendents  of  schools  to  hold  office  at   luc 
pleasure  of  the  supcrintendinit  of  schools.     The  salaries  and  compensation 
of  the  said  deputy   superintendents  of  schools,   and  who  shall   be  deput\ 
superintendents  of  schools  as  herein  provided   for,  shall  be   paid   by   : 
couuty  in  monthly  installments  at  the  same  time  and  in  the  same  mai... 


G73  POLITICAL   CODE,  §  4240 

and  out  of  the  same  fund  as  the  salary  of  the  superintendent  of  schools 
is  paid. 

Surveyor. 

11.  The  surveyor  shall  receive  one  thousand  eight  hundred  dollars  per 
annum,  and  actual  and  necessary  traveling  and  official  expenses  in  the 
county. 

Supervisors. 

12.  Kach  supervisor,  six  dollars  per  day  while  in  the  service  of  the 
county,  and  actual  and  necessary  tra\eling  expcnses__incurrcd  in  per- 
forming the  duties  of  his  office. 

Justices  of  the  peace  and  constables. 

13.  In  counties  of  tliis  class  the  township  officers  shall  receive  the 
following  compensation,  to  wit:  In  townships  having  a  population  of  ten 
thousand  or  more,  justices  of  the  peace  shall  receive  a  monthly  salary 
of  two  hundred  dollars  per  month,  and  constables  a  monthly  salary  of 
one  hundred  and  twenty-five  dollars; 

In  townships  having  a  population  of  six  thousand,  or  more,  and  less 
than  ten  thousand,  justices  of  the  peace  shall  receive  a  monthly  salary 
of  one  hundred  and  twenty-five  dollars  per  month,  and.  constables  a 
monthly  salary*  of  one  hundred  dollars  per  month; 

In  townships  having  a  population  of  twenty-one  hundred  and  eighty- 
five,  or  more,  and  less  than  six  thousand,  justices  of  the  peace  shall 
receive  a  monthly  salary  of  one  hundred  dollars  per  month,  and  constables 
a  monthly  salary  of  one  hundred  dollars  per  month; 

In  townships  having  a  population  of  seventeen  hundred  and  seventy, 
or  more,  and  less  than  twenty-one  hundred  and  ninety,  justices  of  the 
peace  shall  receive  a  monthly  salary  of  sixty-five  dollars  per  month,  and 
constables  a  monthly  salary  of  seventy-five  dollars  per  month; 

In  townships  having  a  population  of  sixteen  hundred,  or  more,  and 
less  than  sev.enteen  hundred  and  seventy,  justices  of  the  peace  shall 
receive  a,  monthly  salary  of  twenty  dollars  per  month,  and  constables 
a  monthly  salary  of  twenty-five  dollars  per  month; 

In  tow^nships  having  a  population  of  fourteen  hundred  and  twenty, 
or  more,  and  less  than  sixteen  hundred,  justices  of  the  peace  shall  re- 
ceive a  monthly  salary  of  fifty  dollars  per  month,  and  constables  a 
monthly   salary   of   sixty   dollars   per   month. 

In  townships  having  a  population  of  thirteen  hundred  and  fifteen, 
or  more,  and  less  than  fourteen  hundred  and  forty,  justices  of  the  peace 
shall  receive  a  monthly  salary  of  fifty  dollars  per  month,  and  constables 
a  monthly  salary  of  sixty  dollars  per  month; 

In   townships   having  a   population   of  twelve   hundred   and  ninety,   or 
more,  and  less  than   thirteen  hundred  and  fifteen,  justices   of  the  peace 
shall   receive   a   monthly   salary    of   ninety   dollars   per   month,   and   con- 
stables a  monthly  salary  of  ninety  dollars  per  month; 
43 


§  4240  POLITICAL   CODE.  674 

In  townships  having  a  population  of  twelve  hundred  and  eighty,  or 
more,  and  less  than  thirteen  hundred,  justices  of  the  peace  shall  receive 
a  monthly  salary  of  one  hundred  dollars  per  month  and  constables  a 
monthly  salary  of  one  hundred  dollars  per  month; 

In  townships  having  a  population  of  ten  hundred  and  forty-five,  oi 
more,  and  less  than  twelve  hundred  and  eighty,  justices  of  the  peace 
shall  receive  a  monthly  salary  of  sixty-five  dollars  per  month,  and  con- 
stables a  monthly  salary   of   seventy-five   dollars   per   month; 

In  townships  having  a  population  of  nine  hundred  and  ten,  or  more, 
and  less  than  ten  hundred  and  forty-five,  justices  of  the  peace  ©hall 
receive  a  monthly  salary  of  fifty  dollars  per  month,  and  constables  a 
monthly  salary'  of  fift}'  dollars  per  month; 

In  townships  having  a  population  of  six  hundred  and  seventy-five 
or  more,  and  less  than  nine  hundreil  and  twenty-five,  justices  of  the  peace 
shall  receive  a  monthly  salary  of  twenty  dollars  per  month,  and  con- 
stables a  monthly  salary  of  twenty-five  dollars  per  month; 

In  townships  having  a  population  of  five  hundred  and  forty-five,  or 
more,  and  less  than  six  hundred  and  seventy-five,  justices  of  the  peace 
shall  receive  a  monthly  salary  of  thirty  dollars  per  month,  and  con- 
stables a  monthly  salary  of  thirty  dollars  per  mouth; 

In  townships  having  a  jiopulation  of  two  hundred,  or  more,  and  less 
than  five  hundred  and  forty-five,  justices  of  the  peace  shall  receive  a 
monthly  salary  of  twenty  dollars  per  month,  and  constables  a  monthly 
salary  of  twenty  dollars   per  month; 

In  townships  having  a  population  of  one  hundred  and  fifty-five,  or 
more,  and  less  than  two  hundred,  justices  of  the  peace  shall  receive  a 
monthly  salary  of  fifteen  dollars  per  month,  and  constables  a  monthly 
salary  of  twenty  dollars  jier   month. 

The  above  salaries  shall  be  in  full  compensation  for  all  services  of 
said  justices  of  the  peace  and  constables  in  criminal  cases;  provided, 
that  each  constable  sliall  be  allowed  and  paid  out  of  the  county  treasury 
for  transporting  prisoners  to  the  county  jail,  the  actual  expenses  of 
such  transportation;  and  jirovided,  further,  that  the  board  of  supervisors 
shall  allow  to  each  cqnstable  his  necessary  expenses  for  traveling, 
when  in  pursuit  of  criminals,  or  transacting  any  criminal  business; 
said  justices  of  the  peace  and  constables  may  retain  for  their  own  use 
the  fees  allowed  by  law  in  civil  cases;  and  provided,  further,  that  for 
the  purpose  of  this  section,  the  population  of  the  several  townships  shall 
be  ascertained  by  multii>lying  the  number  of  registered  voters  at  the 
presidential  election  held  in  the  year  190S,  A.  D.,  by  five.  The  salaries 
of  township  oflicers  as  herein  provided  for.  shall  be  paid  in  the  same 
manner  and  at  the  same  time  and  out  of  the  same  fund  that  county 
ofidcers  are  paid. 

Fees,  jurors. 

14.  The  tees  of  grand  jurors  and  of  trial  jurors  in  the  superior  court, 
in  criminal  cases,  shall  be  three  dollars,  in  lawful  money  of  the  United 
States,  for  each   day's   attendance,   and   mileage  to   be   computed   at   the 


675  POLITICAL    CODE.  §  4241 

rate   of   (.'wenty-five   cents   per   mile   for   each    mile   necessarily   traveled 
in  attending  said  court  in   going  only. 

Tlio  legislature  hereby  declares  that  subdivisions  3,  5,  6,  7,  8,  and  13, 
do  not  increase  the  incumbents'  compensation  and  shall  apply  to  said 
incumbents  when  the  law  takes  effect.  [Amendment  approved  June  16, 
1913;  Stats.  1913,  p.  1374.] 

Also   amended  February   28,    1911    (Stats.    1911,   p.   156),    and  April   29,   1911 
(Stats.   1911,   p.    1222). 

Counties,  twelfth  class — Tulare.     Salaries  of  officers. 

§  4241.  In  counties  of  the  twelfth  class,  the  county  officers  shall 
receive  as  compensation  for  the  services  required  of  them  by  law,  or 
by  virtue  of  their  office,  the  following  salaries,  to  wit: 

County  clerk. 

1.  The  county  clerk,  four  thousand  dollars  per  annum,  one  deputy 
at  twelve  hundred  dollars  per  annum,  and  ten  cents  per  name  of  each 
elector  entered  upon  the  great  register  of  the  county,  and  also  such  fees 
as  may  be  allowed  by  law  for  issuing  hunting  and  fishing  licenses,  and 
all  naturalization  fees  allowed  to  tbp  pU'-I'  bj  tiic  xicvtumlization  laws 
of  tne  unitea  states. 

Sheriff. 

2.  The  sheriff,  sixty-five  hundred  dollars  per  annum,  and  mileage 
for  the  service  of  any  and  all  processes  required  by  law  to  be  served 
by   him,   at   the   rate   of   ten   cents   per   mile   for   every   mile   necessarily 

•traveled  in  the  performance  of  such  duty  within  the  county,  and  at  the 
rate  of  ten  cents  per  mile,  one  way  only,  for  every  mile  necessarily 
traveled  in  the  performance  of  such  duty  outside  of  the  county. 

Eecorder. 

3.  The  recorder,  two  thousand  dollars  per  annum,  and  one  deputy 
at  twelve  hundred  dollars  per  annum,  and  six  cents  per  folio  for  every 
instrument  of  any  character  transcribed  by  him  or  his  deputies,  which 
said  amount  shall  be  paid  by  the  county  treasurer,  out  of  the  county 
treasury. 

Auditor. 

4.  The  auditor,  twenty-four  hundred  dollars  per  annum  and  one 
deputy  at  a  salary  of  twelve  hundred  dollars  per  annum. 

Treasurer. 

5.  The  treasurer,  twenty-four  hundred  dollars  per  annum,  and  one 
deputy  at  a  salary  of  twelve  hundred  dollars  per  annum. 

Tax  collector. 

6.  The  tax  collector,  twenty-four  hundred  dollars  per  annum,  and  a 
deputy  at  twelve  hundred  dollars  per  annum,  and  ten  clerks  at  fifty  dol- 
lars per  month  each  for  the  months  of  October  and  November  of  each 
year. 

Assessor. 

7.  The  assessor,  twenty-four  hundred  dollars  per  annum,  a  chief  deputy 
at  twelve  hundred  dollars  per  annum,  and  fifteen  field  deputies  for  the 


§  4241  POLITICAL    CODE.  676 

months  of  March,  April,  May  and  June  of  each  year,  each  of  which  field 
deputies  shall  receive  a  salary  of  five  dollars  per  day  for  each  day 
actually  employed  in  the  performance  of  his  duties.  He  shall  also 
have  for  use  in  his  office  and  under  his  supervision  and  control,  a  drafts- 
man, which  office  of  draftsman  is  hereby,  by  the  terms  of  this  act, 
expressly  created.  It  shall  be  the  duty  of  said  draftsman  to  prepare, 
under  the  supervision  of  the  assessor,  for  use  in  said  office,  proper  books, 
blanks  and  plat-books.  Said  position  of  draftsman  shall  be  filled  by 
the  assessor  in  the  same  manner  as  deputies  are  appointed  by  him,  and 
the  said  draftsman  shall  receive  a  salary  of  fifteen  hundred  dollars  per 
annum,  to  be  paid  in  the  same  manner  as  the  salaries  of  county  officers 
are  paid. 

District  attorney. 

8.  The  district  attorney,  three  thousand  dollars  per  annum.  He  shall 
have  a  deputy  at  a  salary  of  two  thousand  dollars  per  annum,  and  he 
shall  alco  have  for  use  in  his  office,  and  under  his  supervision  and  control, 
a  stenographer,  which  office  of  stenographer  is  hereby,  by  the  terms  of 
this  act,  expressl.v  '>'-o--'»"J  Thp  said  oosition  of  stenographer  shall  be 
filled  hy  '■"e  district  attorney  in  the  same  manner  as  deputies  are  ajv 
pointed  by  him,  and  said  stenographer  shall  receive  a  salary  of  seventy- 
five  dollars  per  month,  to  be  paid  in  the  same  manner  as  the  salaries  of 
county  officers  are   paid. 

Coroner, 

9.  The  coroner,  such  fees  as  are  now,  or  may  be  hereafter  alloweil  by 
law. 

Public  administrator. 

10.  The  jiublii'  ailininistrator,  such  fees  as  are  now,  or  may  be  here- 
after allowed  by  hiw. 

Superintendent  of  schools. 

11.  The  superintendent  of  schools,  for  full  services,  including  his  duties 
with  and  on  the  county  board  of  education,  twenty-two  hundred  dollars 
per  annum,  and  actual  traveling  expenses  when  visiting  the  schools  of 
his  county,  and  one  deputy  at  a  salary  of  twelve  hundred  dollars  per 
annum. 

Surveyor. 

12.  Tlie  county  surveyor  shall  receive  a  salary  of  two  thousand  dollars 
per  annum,  and  he  shall  be  allowed  one  deputy  at  twelve  hundred  dollars 
per  annum.  The  surveyor  shall  be  allowed,  not  to  exceed  seven  hun- 
dred and  twenty  dollars  per  annum  for  salary  of  chainmen,  traveling 
and  field  expens-es  of  self  and  chainmen  or  assistant  in  the  field.  In  ad- 
dition to  the  duties  as  now  provided  for  by  law  the  surveyor  shall 
furnish  the  county  assessor  with  maps  of  colony,  subdivision,  or  trai'ts 
filed  for  record  in  the  recorder's  office,  desired  by  him  for  his  official 
plat-books.  The  surveyor  shall  give  his  entire  time  to  the  duties  of  the 
office;  provided,  when  there  is  no  county  work  to  be  done,  he  m.ny  survey 
for    private    individuals,   corporations,    or    companies,    when    called    upon 


677  POLITICAL   CODE.  §  4241 

to  <lo  so,  but  all  fees  at  the  rate  of  eight  dollars  per  day  thus  earned 
must  be  turned  over  to  the  treasurer  of  the  county  to  be  expended  as 
the  board  of  supervisors  may  see  fit. 

Justices  of  the  peace. 

l."?.  .fustices  of  the  peace  shall  receive  the  following  monthly  salaries 
to  be  paid  each  month  as  salaries  of  county  officers  are  paid,  which  shall 
be  in  full  compensation  for  all  services  rendered  as  hereinafter  provided: 
,^  In  townships  having  a  population  of  three  thoysand  or  more,  eighty-five 
dollars  per  month,  which  said  salaries  sliall  be  in  full  compensation  for 
all  services  rendered  b}  said  justices  of  the  peace  in  both  civil  and 
criminal  cases,  and  all  such  fees  as  are  allowed  by  law  in  civil  cases,  shall 
be  paid  by  said  justices  of  the  peace  into  the  county  treasury  as  the  fees 
of  county  officers  are  paid  in.  In  townships  having  a  population  of  not 
less  than  two  thousand  and  under  three  thousand,  thirty  dollars  per 
month,  which  shall  be  in  full  compensation  for  all  services  rendered 
in  criminal  cases.  In  addition  to  the  above  salary  each  justice  of  the 
peace  shall  collect  and  retain  for  his  own  use  and  benefit  in  civil  cases 
such  fees  as  are  now  or  may  be  liereafter  allowed  by  law.  In  townships 
having  a  population  of  not  less  than  one  thousand  and  under  two 
thousand,  twenty  dollars  per  month,  which  shall  be  in  full  compensation 
for  all  services  rendered  in  criminal  cases.  In  addition  to  the  above 
salary,  each  justice  of  the  peace  shall  collect  and  retain  for  his  own  use 
and  benefit  in  civil  cases,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law.  In  townships  having  a  population  of  less  than  one 
thousand,  fifteen  dollars  per  month,  which  shall  be  in  full  compensation 
for  all  services  rendered  in  criminal  cases.  In  addition  to  the  above 
salary,  each  justice  of  the  peace  shall  collect  and  retain  for  his  own  use 
and  benefit  in  civil  cases,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

Constables. 

14.  Constables  shall  receive  the  following  monthly  salaries,  to  be  paid 
each  month  as  salaries  of  county  officers  are  paid,  which  shall  be  in  full 
compensation  for  all  services  rendered  by  them  in  criminal  cases:  In 
townships  having  a  population  of  more  than  three  thousand,  fifty  dollars 
per  month.  In  addition  to  the  monthly  salary  allowed  herein,  each 
constable  may  collect  and  retain  for  his  own  use  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law  for  all  services  performed  by  him 
in  civil  actions.  In  townships  having  a  population  of  not  less  than  two 
thousand  and  under  three  thousand,  forty  dollars  per  month.  In  addition 
to  the  monthly  salary  allowed  herein,  each  constable  may  collect  and 
retain  for  his  own  use,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law  for  all  services  performed  in  civil  actions.  In  townships  having 
a  population  of  not  less  than  one  thousand  and  under  two  thousand, 
twenty-five  dollars  per  month.  In  addition  to  the  monthly  salary  allowed 
herein,  each  constable  may  collect  and  retain  for  his  own  use  such  fees 
as  are  now  or  may  be  hereafter  allowed  by  law  for  all  services  performed 


§  4241  POLITICAL   CODE.  678 

by  him  in  civil  actions.  In  townships  having  a  popnlation  of  less  than 
one  thousand,  ten  dollars  per  month.  In  addition  to  the  monthly  salary 
allowed  herein,  each  constable  may  collect  and  retain  for  his  own  use 
such  fees  as  are  now  or  may  be  hereafter  allowed  by  law  for  all  services 
performed  in  civil  actions.  In  addition  to  the  monthly  salary  allowe^l 
herein,  each  constable  shall  be  allowed  ten  cents  per  mile,  for  each  mile 
necessarily  traveled  in  the  execution  of  all  criminal  process  within  the 
county,  and  ten  cents  per  mile,  one  way  only,  for  each  mile  necessarily 
traveled  in  the  execution  of  all  criminal  process  outside  the  county.  In 
addition,  each  constable  shall  be  allowed  all  expenses  necessarily  and 
actually  incurred  by  him  in  transporting  prisoners  to  court  and  to  prison. 

Statements  of  township  ofiBcers. 

15.  It  shall  be  the  duty  of  each  and  every  constable  and  justice  of 
the  peace  to  file  on  o.  before  the  first  Monday  of  each  and  every  month, 
a  full  and  complet'e  statement,  showing  all  business,  both  civil  and 
criminal,  done  during  the  preceding  month,  with  the  board  of  super- 
visors, and  he  shall  file  the  same  on  or  before  said  date  above  mentioned, 
with  the  clerk  of  said  board.  The  statement  of  the  constable  shall 
contain  a  full  and  correct  account  of  all  process  served  in  both  civil  and 
criminal  actions,  also  in  criminal  cases  the  places  where  defendants  were 
arrested,  together  with  the  mileage.  And  justices  of  the  peace  shall  file 
a  full  and  correct  statement  of  all  civil  and  criminal  actions  and  fees 
received  therefrom.  Said  statements  to  be  sworn  to  either  before  the 
county  clerk  or  some  officer  allowed  by  law  to  administer  oaths. 

Supervisors  may  determine  population  to  fix  salaries. 

IG.  The  board  of  supoivisors  shall  determine  the  population  of  each 
township  for  the  purpose  of  fixing  the  salary  of  the  township  officers 
aforesaid. 

Supervisors. 

17.  Each  supervisor,  fifteen  hundred  dollars  per  annum,  for  personal 
services  performed  by  him  as  supervisor,  member  of  the  board  of  equali- 
zation, and  road  commissioner.  Each  supervisor  shall  also  receive  his 
actual  and  necessary  traveling  expenses  incurred  in  performing  any  of 
the  duties  of  his  office,  to  be  allowed  by  the. board  of  supervisors  and 
paid  out  of  th6  county  general  fund;  provided,  that  the  amount  so  al- 
lowed him  for  such  expenses  shall  not  exceed  sixty  dollars  for  any  one 
mouth. 

No  fees  allowed  for  collecting  licenses. 

18.  No  fees  shall  be  allowed  the  sheriff  or  tax  collector  for  collecting 
licenses  in  counties  of  this  class. 

Probation  officer. 

19.  In  counties  of  this  class,  there  shall  be  one  probation  officer  whose 
salary  shall  be  one  hundred  dollars  per  month.  [Amendment  approved 
June  16,  1913;  Stats.  1913,  p.  1360.] 

Also   amended   February    28,    1911    (Stats.   1911,   p.    156),   and   April    17,    1911 
(Slats.   1911,  p.   935). 


679  POLITICAL  CODE.  §  4242 

Counties,  thirteenth  class — Riverside.     Salaries  of  officers. 

§  4242.  In  eoiirities  of  the  thirteenth  class,  county  officers  shall  re- 
ceive as  conipeusation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  the  following  salaries,  to  wit: 

Coimty  clerk. 

1.  The  county  clerk,  two  thousand  eight  hundred  dollars  per  annum, 
and  there  sliall  be  and  there  is  hereby  allowed  to  the  county  clerk, 
in  addition,  one  deputy  who  shall  be  paid  the  sum  of  one  thousand 
five  hundred  dollars  per  annum,  and  one  deputy  who  shall  be  paid  the 
sum  of  one  thousand  three  hundred  dollars  per  annum,  and  one  deputy 
who  shall  be  paid  the  sum  of  one  thousand  dollars  per  annum;  the 
said  salaries  to  be  paid  by  such  county  in  monthljs  installments  at 
the  time  and  in  the  manuer  and  out  of  the  same  fund  as  the  salaries  of 
county  officers  are  paid;  and  provided,  further,  that  in  each  year  in 
which  a  new  and  complete  registration  of  voters  is  required  by  law, 
said  county  clerk  shall  appoint  an  additional  deputy,  or  deputies,  who 
shall  receive  the  sum  of  seven  and  one-half  cents  per  name  for  taking 
the  affidavits  of  registration  outside  of  the  city  of  Riverside,  and  claims 
for  their  service  at  said  rate  shall  be  presented  to  and  allowed  by  the 
board  of  supervisors  as  other  claims  are  presented  and  allowed;  and 
provided,  further,  that  all  fees  and  commissions  received  by  this  office 
shall  be  turned  over  to  the  county  and  become  the  property  of  the 
county.  All  the  provisions  of  this  paragraph  shall  apply  to  the  present 
incumbent. 

Sheriff. 

2.  The  sheriff,  three  thousand  three  hundred  dollars  per  annum,  and 
all  commissions,  fees  and  mileage  for  the  service  of  papers  or  process 
coming  from  courts  other  than  those  of  his  own  county;  provided,  that 
in  counties  of  this  class  there  shall  be  and  is  hereby  allowed  to  the 
sheriff,  one  under-sheriff  whose  salary  is  hereby  fixed  at  the  sum  of 
one  thousand  five  hundred  dollars  per  annum,  and  one  deputy  who  shall 
be  jailer,  whose  salary  is  hereby  fixed  at  the  sum  of  one  thousand  dol- 
lars per  annum;  and  one  deputy  whose  salary  is  hereby  fixed  at  the 
sum  of  nine  hundred  dollars  per  annum;  said  deputies  to  be  appointed 
by  the  sheriff  and  their  salaries  to  be  paid  by  the  county  in  equal 
monthly  installments  at  the  time  and  in  the  manner  and  out  of  the 
same  fund  as  the  salaries  of  county  officers  are  paid.  All  the  provisions 
of  this  paragraph  shall  apply  to  the  present  incumbent. 

Recorder. 

3.  The  recorder,  two  thousand  eight  hundred  dollars  per  annum;  and 
one  deputy,  whose  office  is  hereby  expressly  created,  to  be  appointed 
by  the  recorder,  who  shall  receive  a  salary  of  one  thousand  four  hun- 
dred dollars  per  annum,  payable  in  monthly  installments;  and  provided, 
further,  that  the  recorder  is  hereby  allowed  as  many  copyists  as  may 
be   required,  who   shall   receive   as   compensation   the   sum   of   four   cents 


§  4242  POLITICAL  CODE.  680 

per  falio  for  recording  any  instrument  or  notice.  The  salaries  of  the 
deputy  recorder  and  copyists  fterein  provided,  shall  be  paid  by  the 
county  in  monthly  installments,  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  fund  as  the  salaries  of  county  officers  are 
paid.  All  fees  and  commissions  received  by  this  office  shall  be  turned 
over  to  the  county  and  become  the  property  of  the  connty.  All  the 
provisions  of  this  paragraph  are  to  apply  to  the  present  incumbent. 

Auditor. 

4.  The  auditor,  two  thousand  eight  hundred  dollars  per  annum;  and 
there  shall  be  and  there  is  hereby  allowed  to  the  auditor  in  addition, 
one  deputy  to  be  appointed  by  the  auditor  who  shall  be  paid  a  salary 
of  one  thousand  five  hundred  dollars  per  annum,  and  one  deputv  who 
shall  be  appointed  by  the  auditor  who  shall  be  paid  a  salary  of  nine 
hundred  dollars  per  annum,  and  such  additional  clerks  and  assistants 
as  the  auditor  may  require  and  whose  compensation  in  the  aggregate 
shall  not  exrced  four  hundred  dollars  in  any  one  year;  and  provided, 
that  the  auditor  shall  file  with  the  county  clerk  a  verified  statement 
showing  in  detail  the  amount  paid,  and  the  persons  to  whom  said  com- 
pensation is  paid  for  such  extra  assistants  aforesaid.  The  salaries  here- 
in provided  shall  be  paid  by  the  county  in  monthly  installments  at  ttie 
same  time  and  out  of  the  same  fund  as  the  salaries  of  county  officeis 
are  paid.  All  that  portion  of  this  paragraph  relating  to  deputies  and 
other  assistants  shall  apply  to  the   j)resont   incumbent. 

Treasurer. 

5.  The  treasurer,  two  thousand  eight  hundred  dollars  per  nrnum; 
provided,  that  in  counties  of  this  class  there  shall  be  and  there  is  hereliy 
allowed  to  the  treasurer,  one  deputy,  to  be  appointed  by  him,  who 
shall  receive  from  the  county  a  «alary  of  one  thousand  dollars  per 
annum,  to  be  paid  by  said  county  in  monthly  installments  at  the  same 
time  and  in  tlic  same  manner  and  out  of  the  same  fund  as  the  salaries 
of  county  officers  are  paid.  All  that  portion  of  this  paragraph  relating 
to  the  salary  of  dcjiuty  sliall  apply  to  the  present  incumbent.  From 
and  after  tlie  first  ^fonilay  after  the  first  day  of  .Tanuary,  191.3,  all  fees 
and  commissions  received  by  the  treasurer  shall  be  turned  over  to  the 
county  and   become   the  projierty   of  the  county. 

Tax  collector. 

6.  The  ta.x  collector,  two  thoui^aud  eiglit  hundred  dollars  per  annum; 
provided,  that  in  counties  of  this  class  there  shall  be  and  there  is 
hereby  allowed  to  the  tax  collector  the  following  deputies  and  assist- 
ants whose  officers  are  hereViy  created  and  who  shall  be  appointed 
by  the  tax  collector:  one  deputy  at  a  salary  of  one  thousand  two  hun- 
dred dollars  per  annum;  a  stenographer  to  be  appointed  by  the  tax 
collector  during  the  years  1913  and  1914  at  a  salary  of  one  thousand 
two  hundred  dollars  per  annum;  and  such  assistants  as  the  tax  collector 
may   require;    provided,   that   the   compensation   of   such   assistants  shall 


681  POLITICAL   CODE.  §  4242 

not,  in  the  aggregate,  exceed  the  sum  of  one  thousand  dollars  in  any 
one  year;  aud,  provided,  that  the  tax  collector  shall  file  with  the  county 
auditor  a  verified  statement  showing  in  detail,  the  amounts  and  the 
persons  to  whom  said  compensation  is  paid.  The  salaries  of  the  said 
deputy,  stenographer  and  other  assistants  shall  be  paid  by  said  county 
in  monthly  installments,  at  the  same  time  and  in  the  same  manner  and 
out  of  the  same  fund  as  the  salaries  of  the  county  officers  are  paid. 
All  that  portion  of  this  paragraph  relating  to  deputy,  stenographer 
and  other  assistants  shall  apply  to  the  present  incumbent. 

Assessor. 

7.  The  assessor,  two  thousand  eight  hundred  dollars  per  annum,  and 
his  actual  traveling  expenses  when  away  from  his  office  on  county 
business;  provided,  that  in  counties  of  this  class  there  shall  be  and 
there  is  hereby  allowed  to  the  assessor,  the  following  deputies  and  as- 
sistants whose  offices  are  hereby  created  and  who  shall  be  appointed 
by  the  assessor:  one  deputy  at  a  salary  of  one  thousand  six  hundred 
dollars  per  annum,  one  stenographer  at  a  salary  of  eight  hundred  dollars 
per  annum,  one  stenographer  at  a  salary  of  seven  hundred  and  twenty 
dollars  per  annum,  and  such  other  deputies  as  the  assessor  may  re- 
quire, and  whose  compensation,  in  the  aggregate,  shall  not  exceed 
the  sum  of  five  thousand  dollars  in  any  one  year;  and  provided,  that 
the  assessor  shall  file  with  the  county  auditor,  a  verified  statement 
showing  in  detail,  the  amounts,  and  the  persons  to  whom  said  compen 
sat  ion  is  paid.  The  salaries  of  such  deputies  and  stenographers  shall 
be  paid  by  said  county  in  monthly  installments  and  at  the  same  time 
and  in  the  same  manner  and  out  of  the  same  fund  that  count}-  officers 
are  paid.  All  the  provisions  of  this  paragraph  are  to  apply  to  the 
present  incumbent.  All  fees  and  commissions,  including  poll  tax, 
collected  by  this  office  shall  be  turned  over  to  the  county  and  become 
the  property  of  the  county. 

Coroner. 

8.  The  coroner,  such  fees  as  are  now,  or  may  hereafter  be  allowed  by 
law. 

Public  administrator. 

9.  The  public  administrator,  such  fees  as  are  now,  or  may  hereafter 
be  allowed  by  law. 

District  attorney. 

10.  The  district  attorney,  two  thousand  five  hundred  dollars  per  an- 
num, and  actual  traveling  expenses  when  away  from  his  office  on  county 
business;  provided,  that  in  counties  of  this  class  there  shall  be  and 
there  is  hereby  allowed  to  the  district  attorney,  one  deputy  to  be 
appointed  by  the  district  attorney  who  shall  be  paid  the  salary  of 
one  thousand  two  hundred  dollars  per  annum;  and  provided,  further, 
that  a  stenographer  be  appointed  by  the  district  attorney  to  be  paid  a 


§  4242  POLITICAL   CODE.  682 

salary   of   twelve   lundred    dollars   per   annum    for   the   years    1913    and 

1914,  and  thereafter  at  a  salary'  of  nine  hundred  dollars  per  annum. 
Said  deputy  and  stenographer  shall  be  paid  out  of  the  county  treasury 
in  monthly  installments  in  the  same  manner  and  out  of  the  same  fund  as 
founty  officers  are  paid.  That  portion  of  this  paragraph  relating  to 
stenographer  shall  apply  to  the  present  incumbent. 

Superintendent  of  schools. 

11.  The  sujierintendent  of  schools,  two  thousand  four  hundred  dol- 
lars per  annum;  his  office  shall  be  kept  open  on  all  business  days  from 
9  A.  M.  to  5  P.  M.;  he  shall  be  allowed  his  actual  traveling  expenpes 
when  visiting  the  schools  of  his  county;  provided,  that  in  counties  of 
tnis  class  there  shall  [be]  and  there  hereby  is  allowed,  to  the  super- 
intendent of  schools,  one  deputy  to  be  appointed  by  him  who  shall 
receive  from  the  count}'  a  salary  of  twelve  hundred  dollars  per  annum 
to  be  paid  by  said  county  in  monthly  installments  in  the  same  manner 
and  out  of  the  same  fund  as  the  salaries  of  county  officers  are  paid. 
That  portion  of  this  paragraph  relating  to  deputies  shall  apply  to  the 
present   incumbent. 

Surveyor, 

12.  The  surveyor,  one  thousand  five  hundred  dollars  per  annum,  and 
in  addition  thereto,  all  necessary  field  assistants;  provided,  that  in  coun- 
ties of  this  class  there  shall  be  and  there  hereby  is  allowed  the  £ur- 
veyor,  two  deputies  who  shall  be  appointed  by  the  surveyor  of  said 
county,  and  who  shall  be  paid  salaries  as  follows:  one  deputy  at  a 
salary  of  fifteen  hundred  dollars  per  annum,  and  one  deputy  at  nine 
hundred  dollars  per  annum;  and  provided,  further,  that  the  county 
surveyor  shall  be  allowed  a  third  dejiuty  who  shall  he  a  draftsman  at 
a  salary  of  one  thousand  two  hundred  dollars  per  annum,  to  be  in 
effect  from  .July  1.  1913,  to  December  31,  1914,  and  whose  duty  it  shall 
be  to  complete  the  road  abstracts  and  maps  for  the  county.  The  sal- 
aries of  said  deputies  herein  provided  for  shall  be  paid  by  said  county 
in  monthly  installments  at  the  same  time  and  in  the  same  manner 
and  out  of  the  same  fund  as  the  salaries  of  county  officers  are  paid. 
All  necessary  expenses  for  field  assistants  shall  be  paid  by  the  county, 
and  the  actual  cost  of  preparing  assessor's  majis,  whenever  a  complete 
set  of  such  maps  is  ordered  prepareil  by  the  board  of  supervisors,  said 
cost  of  preparing  said  assessor's  maps  not  to  exceed  the  sum  of  one 
thousand   eight  hundred   dollars. 

Officers  of  townships. 

13.  From  and  after  the  first  Monday  after  the  first  day  of  January, 

1915,  the  officers  of  townships  in  counties  of  this  class  shall  be  one 
justice  of  the  peace  and  one  constable,  anything  in  the  provisions  of 
section  4014  of  this  code   to   the  contrary  notwithstanding. 

Justices  of  the  peace. 

14.  The  justice  of  the  peace  in  townships  having  a  city  or  a  portion 
thereof,   situated   therein   and    having   a   ]>opulation   of    twelve   thousand 


683  POLITICAL   CODE.  §  4242 

or  more,  fifteen  hundred  dollars  per  annum,  payable  in  monthly  install- 
ments, which  shall  be  in  full  for  all  services  rendered  by  him  in  both 
civil  and  criminal  cases  tried  before  him.  He  shall  each  month  pay 
to  the  county  treasurer  all  fines,  commissions  -and  fees  collected  by. 
him  as  such  justice  of  the  peace,  including  fees  for  celebrating  mar- 
riages and  returning  certificates  thereof  to  the  county  recorder.  In 
townships  having  a  population  of  six  thousand  and  less  than  twelve 
thousand  the  justice  of  the  peace  therein  shall  receive  fifty  dollars  per 
month;  in  townsliips  having  a  population  of  four  thousand  and  less 
than  six  thousand,  twenty-five  doHars  per  month;  in  townships  having 
a  population  of  two  thousand  and  less  than  four  thousand,  twenty  dol- 
lars per  month;  and  in  all  other  townships  in  said  county,  ten  dollars 
per  month;  provided,  however,  that  in  all  townships  having  an  area 
equal  to  or  exceeding  one  thousand  square  miles  such  salary  shall  not 
be  less  than  fifty  dollars  per  month.  Each  justice  of  the  peace  must 
pay  into  the  county  treasury  once  each  month  all  fines  collected  by 
him  in  criminal  cases,  and  the  auditor  shall  withhold  the  warrant  for 
salary  until  a  sworn  statement  has  been  filed  with  him  of  all  crim- 
inal cases  tried  and  fines  collected  and  paid  into  the  county  treasury. 
In  addition  to  the  monthly  salary  allowed  herein,  each  justice  of  the 
peace,  except  the  justice  in  townships  having  one  or  more  cities,  or 
portions  thereof  situated  therein,  and  having  a  population  of  twelve 
thousand  or  more,  may  receive  for  his  own  use  in  civil  cases  the  fees 
allowed  by  law.  For  all  services  appertaining  to  the  coroner's  office, 
which  the  coroner  is  unable  to  attend  to,  the  justice  of  the  peace  shall 
receive  the  same  fees  as  are  allowed  the  coroner  in  similar  cases. 

Constables. 

15.  Constables  in  townships  having  one  or  more  cities,  or  portions 
thereof  situated  therein,  and  having  a  population  of  twelve  thousand 
or  more,  fifteen  hundred  dollars  per  annum,  payable  in  monthly  install- 
ments, and  their  actual  traveling  expenses  when  engaged  in  official 
business  outside  of  such  townships,  which  shall  be  in  full  for  all  ser- 
vices rendered  by  them  in  all  civil  and  criminal  business.  They  shall 
charge  and  collect  such  fees  as  are  allowed  by  law,  and  they  shall 
each  month  pay  into  the  county  treasury  all  fees,  forfeitures,  fines 
and  commissions  collected  by  them  in  the  discharge  of  their  duties  as 
such  constables.  In  townships  having  a  population  of  six  thousand 
and  less  than  twelve  thousand  the  constable  shall  receive  fifty  dollars 
per  month;  in  townships  having  a  population  of  four  thousand  and 
less  than  six  thousand,  twenty-five  dollars  per  month;  in  townships 
having  a  population  of  two  thousand  and  less  than  four  thousand, 
twenty  dollars  per  month;  and  in  all  other  townships  in  said  county, 
ten  dollars  per  month;  provided,  that  in  all  townships  having  an  area 
equal  to  or  exceeding  one  thousand  square  miles  such  salary  shall  not 
be  less  tlian  fifty  dollars  per  month;  provided,  further,  that  in  addi- 
tion to  the  salaries  herein  allowed,  each  constable,  except  constables 
in   townships   having   a   city   or   a   portion   thereof  situated   therein,   and 


§  4243  POLiTic.u.  CODE.  684 

having  a  population  of  twelve  thousand  or  more,  shall  receive  for  their 
own  use  in  civil  cases,  the  fees  allowed  by  law,  and  shall  be  paid  out 
of  the  treasury  of  the  county  his  actual  traveling  expenses  outside  of 
his  own  township,  but  within  his  county,  for  the  service  of  a  warrant 
of  arrest  or  any  other  paper  in  a  criminal  case,  both  going  and  return- 
ing, ten  cents  per  mile;  for  each  mile  actually  traveled  outside  of  his 
county  both  going  and  returning  from  the  place  of  arrest  or  other 
service,  five  cents  per  mile;  and  for  transporting  prisoners  to  the  county 
jail,  the  actual  cost  of  transportation. 

Population  of  townships,  ascertained  "by  supervisors. 

IG.  The  population  of  the  several  judicial  townships  for  the  purpose 
of  fixing  the  compensation  of  township  officers  shall  be  ascertained 
and  declared  by  the  board  of  supervisors  on  the  first  Monday  after  the 
first  day  of  January,  every  odd  numbered  year. 

Supervisors. 

17.  Each  supervisor,  fifteen  hundred  dollars  per  annum,  payable  in 
monthly  installments,  and  fifteen  cents  per  mile  one  way  for  traveling 
from  his  residence  to  tha  place  of  meeting  of  the  board  at  the  county 
seat,  for  not  more  than  four  board  meetings  per  month,  and  the  neces- 
sary actual  expenses  incurred  by  him  while  engaged  in  county  business 
outside  of  his  district,  not  exceeding  in  the  aggregate  the  sum  of  three 
hundred  dollars  per  annum.  [Amendment  approved  June  16,  191o; 
Stats.  1913,  p.  1248.] 

Also   amended   February    28,    1911    (Stats.    1911,    p.    158),    and    April   24,    1911 

(Stats.   1911,  p.   1081). 

Counties,  fourteenth  class — Orange.     Salaries  of  oflScers. 

§  4243.  In  coiintiis  of  the  fourteenth  class,  tlie  county  officers  shall 
receive  as  compensation  for  the  services  required  of  them  by  law,  or 
by  virtue   of  their  office,  the  following  salaries,  to  wit: 

County  clerk. 

1.  The  county  clerk,  two  thousand  four  hundred  dollars  per  annum; 
provided,  that  irt  counties  of  this  class  there  shall  be  and  there  is 
hereby  allowed  to  the  county  clerk  one  deputy  for  each  department 
of  the  superior  court  in  each  of  said  counties,  whicii  offices  are  hereby 
created,  as  provided  by  section  4290  of  the  Political  Code  of  the  state 
of  California.  Said  deputies  shall  be  appointed  by  said  county  clerk, 
shall  be  courtroom  clerks  of  said  departments,  and  shall  each  receive 
a  salary  of  one  hundred  dollars  per  month,  which  shall  be  paid  by 
said  county  in  monthly  installments  at  the  same  time,  in  the  same 
manner  and  out  of  the  same  funds  as  the  salary  of  the  county  clerk 
is  paid.  There  shall  be  also  and  is  hereby  allowed  to  said  county  clerk 
oi>e  office  deputy,  which  office  is  hereby  created.  Said  deputy  shall 
be  appointed  by  said  county  clerk  antl  receive  a  salary  of  seventy-five 
dollars  per  mouth,   which  shall   be   paid   by   said   county   in   monthly   in- 


685  POLITICAL   CODE.  §  4243 

stallments  at  the  same  time  and  in  the  same  manner  and  out  of  the 
same  funds  as  the  salary  of  the  county  clerk  is  paid.  lu  each  year 
in  which  a  new  and  complete  registration  of  voters  is  required  by  law, 
said  county  clerk  shall  appoint  an  additional  deputy  or  deputies,  who 
shall  receive  the  sum  of  seven  and  one-half  cents  per  name  for  taking 
the  affidavits  of  registration  outside  of  the  office  of  said  county  clerk, 
and  the  claims  for  their  services  at  said  rate  shall  be  presented  to  and 
allowed  by  the  board  of  supervisors  as  other  claims  are  presented  and 
allowed.  All  fees  and  commissions  received  by  this  office  shall  be  turned 
over  to  the  county  and  become  the  property  of  the  county.  All  the 
provisions  in  this  paragraph  are  to  apply  to  the  present  incumbent. 

Sheriif. 

2.  The  sheriff,  twenty-five  hundred  dollars  per  annum  and  such  mile- 
age as  is  now  allowed  by  law,  and  also  all  fees  for  service  of  papers  in 
actions  arising  outside  of  this  county;  provided,  that  in  counties  of  this 
class  there  shall  be  and  hereby  is  allowed  to  the  sheriff  four  deputies, 
whose  offices  are  hereby  created,  at  a  salary  of  one  thousand  dollars 
per  annum  each,  and  who  shall  be  appointed  by  the  sheriff;  one  of 
said  deputies  shall  be  jailer;  two  of  said  deputies  shall  act  as  bailiffs 
of  the  superior  court  of  said  county,  one  for  each  department  thereof, 
as  provided  by  section  4290  of  the  Political  Code  of  the  state  of  Cali- 
fornia; and  there  shall  be  and  hereby  is  allowed  to  said  sheriff  an  addi- 
tional deputy,  which  office  is  hereby  created,  who  shall  be  an  office  dep- 
uty, at  a  salary  of  seven  hundred  and  twenty  dollars  per  year,  and  who 
shall  be  appointed  by  the  sheriff.  The  salaries  of  all  of  said  deputies 
shall  be  paid  by  said  county  in  equal  monthly  installments  at  the  same 
time  and  in  the  same  manner  and  out  of  the  same  funds  as  the  salarr 
of  the  sheriff  is  paid.  All  fees  and  commissions  except  as  hereinbefore 
in  this  paragraph  mentioned  shall  be  turned  over  to  the  county  and 
become  the  property  of  the  county.  All  the  provisions  of  this  paragraph 
are  to  apply  to  the  present  incumbent. 

Recorder. 

3.  The  recorder,  twenty-two  hundred  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  there  is  hereby  allowed 
the  recorder  four  deputies  who  shall  be  appointed  by  the  recorder,  and 
shall  be  paid  the  following  salaries,  to  wit:  One  chief  deputy  at  a  sal- 
ary of  one  thousand  dollars  per  annum;  two  deputies  at  a  salary'  of 
nine  hundred  dollars  each  per  annum,  and  one  deputy  at  a  salary  of 
seven  hundred  and  twenty  dollars  per  annum.  The  salaries  of  said 
deputies  shall  be  paid  by  the  county  in  equal  monthly  installments  at 
the  same  time  and  in  the  same  manner  and  out  of  the  same  funds  as 
the  salary  of  the  county  officers  are  paid.  All  fees  and  commissions 
received  "by  this  office  shall  be  turned  over  to  the  county  and  become 
the  property  of  the  county.  All  the  provisions  of  this  paragraph  are 
to  apply  to  the  present  incumbent. 


§  4243  POLITICAL  CODE.  686 

Auditor.  > 

4.  The  auditor,  two  thousand  dollars  per  annum.  In  counties  of  this 
class  the  auditor  may  appoint  assistant  auditors,  which  oflSces  are  hereby 
created,  and  whose  compensation  shall  not  exceed  tha  sum  of  twelve 
hundred  dollars  per  annum  in  the  ag^gregate  for  all  assistantf?  so  em- 
ployed; and  provided,  that  the  auditor  shall  file  with  the  county  clerk 
a  verified  statement,  showing  in  detail  the  amounts  paid  and  the  per- 
sons to  whom  such  compensation  has  been  paid  for  such  assistance  as 
aforesaid.  The  salaries  of  assistant  auditors  herein  provided  for  shall 
be  paid  by  the  said  county,  at  the  same  time  and  in  the  same  manner 
and  out  of  the  same  funds  as  the  salary  of  the  auditor  is  paid. 

Treasurer. 

5.  The  treasurer,  fifteen  hundred  dollars  per  annum;  provided,  that  in 
counties  of  this  class,  there  shall  be  and  there  hereby  is  allowed  to  the 
treasurer  one  office  deputy,  which  office  is  hereby  created,  at  a  salary 
of  seventy-five  dollars  per  month,  and  who  shall  be  appointed  by  the 
treasurer.  The  salary  of  said  deputy  herein  provided  for  shall  be  paid 
by  said  county  in  monthly  installments  at  the  same  time  and  in  the 
same  manner  and  out  of  the  same  fund  as  the  salary  of  the  treasurer 
is  paid;  provided,  that  on  and  after  January  1st,  1915,  the  treasurer 
shtl]  receive  two   thousand   dollars  per  annum. 

Tax  collector. 

().  The  tax  collector,  two  thousand  dollars  per  annum;  provided,  that 
in  counties  of  this  class  there  shall  be  and  there  is  hereby  allowed  to 
the  tax  collector  the  following  deputies,  whose  offices  are  hereby  cre- 
ated, and  who  shall  be  :i])pointcd  by  the  tax  collector:  One  chief  dep- 
uty, for  a  period  not  to  exceed  nine  months  in  any  one  year,  at  a  salary 
of  seventy-five  dollars  per  month,  and  such  assistants  as  the  tax  collector 
may  appoint;  provided,  that  the  compensation  of  such  assistants  shall 
not  in  the  aggregate  exceed  the  sum  of  seventeen  hundred  dollars  in  anv 
one  year;  and  provided,  further,  that  the  tax  collector  shall  file  with 
the  county  auditor  a  verified  statement,  showing  in  detail  the  amounts 
and  the  persons  to  whom  said  compensation  is  paid.  The  salaries  of 
the  said  deputy  and  assistants  herein  provided  for  shall  be  paid  by  said 
county  in  monthly  installments  at  the  same  time  and  in  the  same  man- 
ner and  out  of  the  same  fund  as  the  salary  of  the  tax  collector  is  paid. 

Assessor. 

7.  The  assessor,  three  thousand  dollars  per  annum;  provided,  that  in 
counties  of  this  class  there  shall  be  allowed  to  the  assessor  the  following 
deputies,  whose  offices  are  hereby  created,  and  who  shall  be  appointed 
by  the  assessor:  One  deputy  who  shall  be  chief  office  deputy  at  a  salary 
of  twelve  hundred  dollars  per  annum;  one  office  deputy  at  a  salary  of 
seven"  hundred  and  twenty  dollars  per  annum,  and  such  field  deputies 
as  the  assessor  may  require,  and  whose  compensation  in  the  aggregite 
shall  not  exceed  five  thousand  dollars  in  any   one  year;  and  provided, 


GST  POLITICAL    CODE.  §  4243 

that  the  assessor  shaH  file  with  the  county  auditor  a  verified  statement 
showing  in  detail  the  amounts  and  the  persons  to  whom  said  compensa- 
tion is  paid.  The  salaries  of  such  deputies  shall  be  paid  by  said  county 
in  monthly  installments  at  the  same  time  and  in  the  same  manner  and 
out  of  the  same  fund  as  county  officers  are  paid.  All  fees  and  commis- 
sions including  commissions  on  poll  taxes,  collected  by  this  office  shall 
be  turned  over  to  the  county  and  become  the  property  of  the  county. 
All  the  provisions  of  this  paragraph  are  to  apply  to  the  present  incum- 
bent. 

District  attorney. 
■.  8.  The  district  attorney,  twenty-five  hundred   dollars  per  annum;   pro- 

n  viSed,  that  in  counties  of  this  class  there  shall  be  and  there  is  hereby 
"  allowed  to  the  district  attorney,  two  deputies,  to  be  appointed  by  the 
district  attorney,  and  who  shall  be  regularly  admitted  to  practice  before 
tiie  courts  of  the  state  of  California.  Each  of  said  deputies  shall  receive 
a  salary  of  twelve  hundred  dollars  per  annum,  which  salaries  shall  be 
paid  by  said  county  in  equal  monthlj'  installments  at  the  same  time  and 
in  the  same  manner  and  out  of  the  same  funds  as  the  salary  of  the 
said  district  attorney  is  paid.  On  and  after  January  1,  1915,  there 
shall  be  and  there  is  hereb}-  allowed  to  the  district  attorney  a  stenog- 
rapher to  be  appointed  by  the  district  attorney,  at  a  salary  of  sixty 
dollars  per  mouth,  which  said  salary  shall  be  paid  by  said  county  in 
equal  monthly  installments  at  the  same  time  and  in  the  same  manner 
and  out  of  the  same  funds  as  the  salary  of  the  district  attorney.  All 
the  provisions  of  this  paragraph,  except  that  relating  to  the  creation 
of  the  office  of  stenographer,  are  to  apply  to  the  present  incumbent. 

Coroner. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

Public  administrator. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law. 

Superintendent  of  schools. 

11.  The  superintendent  of  schools,  twenty-two  hundred  and  fifty  dol- 
lars per  annum  and  actual  traveling  expenses  when  visiting  the  schools 
of  the  county;  provided,  that  in  counties  of  this  class  there  shall  be 
and  there  is  hereby  allowed  to  the  superintendent  of  schools  one  office 
deputy,  which  office  is  hereby  created,  at  a  salary  of  sixty-five  dollars 
per  month,  and  who  shall  be  appointed  by  the  said  superintendent  of 
schools.  The  salary  of  said  deputy  herein  provided  for  shall  be  paid 
by  said  county  in  monthly  installments  at  the  same  time  and  in  the 
same  manner  and  out  of  the  same  fund  as  the  salary  of  the  superin- 
tendent of  schools  is  paid. 


§  4243  POLITICAL  CODE,  688 

Surveyor. 

12.  The  surveyor,  eight  dollars  per  day  when  actually  employed  by 
the  county. 

Justices  of  the  peace. 

13.  .Justice.s  of  the  peace  shall  receive  the  following  monthly  salaries, 
to  be  paid  each  month  and  in  the  same  manner  and  out  of  the  same 
fund  as  county  officers  are  paid,  which  shall  be  in  full  for  all  services 
rendered  by  them  in  criminal  cases:  (1)  in  townships  having  a  popula- 
tion of  more  than  eight  thousand,  seventj'-five  dollars  per  month;  (2)  in 
townships  having  a  population  of  less  than  eight  thuu.sand  and  mure  than 
five  thousand,  fifty  dollars  per  month;  (3)  in  townships  having  a  popu- 
lation of  less  than  five  thousand  and  more  than  two  thousand,  twenty- 
five  dollars  per  month;  (4)  in  towrships  having  a  population  of  less 
than  two  thousand,  ten  dollars  per  month.  Jn  addition  to  the  comjien- 
sation  received  in  criminal  cases,  each  justice  of  the  peace  shall  receive 
and  retain  for  his  own  use  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law  for  all  services  performed  by  him  in  civil  actions.  On 
and  after  January  1,  1915,  two-thirds  of  all  fees  received  by  this  offii-e 
for  celebrating  marriages  and  returning  certificates  thereof  to  the  county 
recorder  shall  be  turned  over  to  the  county  and  become  the  property 
of  the  county. 

Constables. 

14.  Constables  shall  receive  the  following  monthly  salaries  to  be  paid 
each  month  and  in  the  same  manner  and  out  of  the  same  fund  as  county 
ofTicers  are  paid,  which  .^hall  be  in  full  for  all  services  rendered  by  them 
in  criminal  cases:  (1)  in  townships  having  a  population  of  more  than 
eight  thousand,  seventy-five  dollars  per  mouth;  (2)  in  townships  having 
a  populatiou  of  less  than  eight  thousand,  and  more  than  five  thousand, 
fifty  dollars  per  month;  (3)  in  townships  having  a  population  of  less 
than  five  thousand  and  more  than  two  thousand,  twenty-five  dollars  per 
month;  (4)  in  townships  having  a  population  of  less  than  two  thousand, 
ten  dollars  per  month;  provided,  tliat  each  constable  shall  receive  his 
actual  and  necessary  expenses  incurred  in  conveying  prisoners  to  the 
county  jail.  In  addition  to  the  compensation  received  in  criminal  cases, 
each  constable  shall  receive  and  retain  for  his  own  use,  such  foes  as  are 
now  or  may  hereafter  be  allowed  by  law  for  all  services  performed  by 
him  in  civil  actions. 

Supervisors. 

15.  Suj)ervisors,  five  hundred  dollars  each  per  annum,  and  mileage  at 
the  rate  of  ten  cents  per  mile  in  going  to  and  coming  from  the  [ilace 
of  meeting  of  the  board,  not  more  than  four  board  meetings  per  mouth; 
and  as  road  commissioner,  four  dollars  per  day,  not  to  exceed  six  hun- 
dred dollars  per  annum  in  the  aggregate. 

Livestock  inspector. 

10.  A  livestock  inspector,  nine  hundred  dollars  per  annum,  which  shall 
be  in  full  payment  for  all  services  rendered  by  said  inspector. 


689  POLITICAL  CODE.  §§  4243a,  4244 

Population  of  townships,  how  determined. 

17.  For  the  purposes  of  subdivisions  l?>  and  14  of  this  section,  the 
population  of  the  several  judicial  townships  shall  be  determined  by  the 
United  States  census  taken  in  1910;  provided,  that  the  board  of  super- 
visors of  said  county  may  each  four  years  thereafter  cause  a  census 
of  any  or  all  townships  in  the  county  to  be  taken  for  the  purpose  of 
determining  the  population  of  said  township  or  townships  upon  which  to 
base  the  salaries  of  justices  of  the  peace  and  constables. 

Fees,  jurors. 

18.  In  counties  of  this  class  grand  and  trial  jurors  in  superior  courts 
shall  receive  for  each  day's  attendance,  per  day  the  sum  of  two  dollars. 
In  justices'  courts  in  civil  cases  jurors  shall  receive  for  each  day's  at- 
tendance per  day  the  sum  of  two  dollars.  In  justices'  and  recorders' 
courts  in  criminal  cases  jurors  shall  receive  for  each  day's  attendance  per 
day  the  sum  of  one  dollar  and  fifty  cents.  And  all  jurors  shall  receive 
for  each  mile  actually  and  necessarily  traveled  from  their  residences  to 
the  place  of  service,  in  going  onl}',  the  sum  of  fifteen  cents  per  mile, 
such  mileage  to  be  allowed  but  once  during  an}-  session  of  the  court 
where  such  jurors  serve;  provided,  that  the  fees  of  all  trial  jurors  in  civil 
cases  shall  be  paid  by  the  litigants  as  other  costs  are  paid,  and  jurors 
in  criminal  cases  in  recorders'  courts  shall  be  paid  by  the  municipality  in 
which  such  court  is  or  may  be  established. 

Constitutionality  of  act. 

19.  If  any  paragraph,  sentence,  clause  or  phrase  of  this  act  is  for  any 
reason  held  to  be  unconstitutional,  such  decision  shall  not  affect  the 
validity  of  the  remaining  portions  of  this  section.  The  legislature  hereby 
declares  that  it  would  have  passed  this  section  and  each  paragraph, 
sentence,  clause  and  phrase  thereof,  irrespective  of  the  fact  that  any  one 
or  more  paragraphs,  sentences,  clauses  or  phrases  is  declared  uncon- 
stitutional.     [Amendment  approved  June  16,  1913;  Stats.  1913,  p.  1260.] 

Also    amended    February    28,    1911    (Stats.    1911,    p.    161),    and    April    26,    1911 
(Stats.   1911,  p.  1118). 

Citations.      Cal.  155/756;  157/155,  156,  157,  153;    (subd.  15)   155/754,  755, 

Jurors,  compensation  of. 

§  42i3a.     [Repealed  Febiuary  28,  1911;  Stats.  1911,  p.  253.] 

Counties,  fifteenth  class — Humboldt,     Salaries  of  oflB.cers. 

§  4244.  In  counties  of  the  fifteenth  class,  the  county  and  township 
officers  shall  receive,  as  compensation  for  the  services  required  of  them 
by  law,  or  by  virtue  of  their  office,  the  following  salaries,  to  wit: 

County  clerk. 

1.  The   county   clerk,  three   thousand  six  hundred  dollars   per  annum; 
provided,  that  in  counties  of  this  class  there  shall  be,  and  there  hereby 
is  allowed  to   the   county  clerk,   the  following   clerks,   deputies   and   em- 
44 


§  4244  POLITICAL   CODE.  690 

ployees  who  shall  be  appointed  by  the  county  clerk  and  shall  be  paid 
salaries  as  follows:  two  deputies  at  a  salary  of  one  hundred  twenty-five 
dollars  per  month  each;  one  deputy  at  a  salary  of  seventy-five  dollars  per 
month,  and  one  stenographer  and  one  copyist  at  a  salary  of  sixty  dollars 
per  month  each. 

Sheriff. 

2.  The  sheriff  shall  receive  five  thousand  dollars  per  annum;  and  there 
shall  be  and  there  is  hereby  allowed  to  the  sheriff,  one  deputy,  who  shall 
be  appointed  by  the  sheriff  and  shall  be  paid  a  salary  of  one  thousand  five 
hundred  dollars  per  annum. 

Recorder. 

3.  The  recorder,  two  thousand  five  hundred  dollars  per  annum,  and 
there  shall  be  and  there  is  hereby  allowed  to  the  county  recorder  two 
deputies  who  shall  be  appointed  by  the  recorder  and  shall  be  paid  a 
salary  of  seven  hundred  and  fifty  dollars  per  annum  each.  The  recorder 
shall  collect  and  pay  into  the  county  treasury  the  fees  required  by  law; 
provided,  that  whenever  the  amount  of  the  fees  so  collected  in  any  one 
month  shall  exceed  the  sum  of  four  hundred  dollars,  the  recorder  may  in 
addition  to  his  salary,  retain  for  his  own  use,  one-half  of  all  such  excess. 

Auditor. 

4.  The  auditor  shall  receive  two  thousand  seven  hundred  dollars  per 
annum,  and  there  is  hereby  allowed  to  the  auditor  two  deputies  who  shall 
be  appointed  by  the  auditor,  one  who  shall  be  paid  ten  hundred  eighty 
dollars  per  annum,  and  one  who  shall  be  paid  sixty  dollars  per  month, 
from  August  Inth  to  October  15th  inclusive  of  each  year;  and  it  is  hereby 
further  provided,  that  if  the  board  of  supervisors  in  any  year  shall  act, 
order  or  direct  the  auditor  to  prepare  and  compile  its  annual  statistical 
report,  and  on  so  performing  such  services  and  in  that  event,  be  allowed 
the  further  sum  of  throe  hundred  dollars  payable  upon  the  completion  and 
acceptance  of  said  report. 

Treasurer. 

5.  The  treasurer  shall  receive  two  thousand  four  hundred  dollars  per 
annum. 

Tax  collector. 

().  The  tax  collector  shall  receive  two  thousand  eight  hundred  dollars 
per  annum;  and  there  shall  be  and  there  hereby  is  allowed  to  the  tax 
collector,  one  deputy  who  shall  be  appointed  by  the  tax  collector  and 
shall  receive  a  salary  of  one  hundred  dollars  per  month. 

License  collector, 

7.  The  license  collector  shall  receive  ten  per  cent  of  all  licenses  col- 
lected by  him. 

Assessor. 

8.  The  assessor  shall  receive  four  thousand  dollars  per  annum;  pro- 
vided, that  in  counties  of  this  class  there  shall  be,  and  there  hereby   is 


691  POLITICAL   CODE.  §  4244 

allowed  to  the  assessor  the  following  deputies,  clerks  and  assistants  to  be 
appointed  by  said  assessor,  which  positions  are  hereby  created  and  the 
salaries  of  which  are  hereby  fixed  as  follows:  one  chief  dennty  assessor, 
eighteen  hundred  dollars  per  annum;  one  office  deputy  assessor,  seven 
hundred  twenty  dollars  per  annum;  eight  field  deputy  assessors  for  not 
exceeding  four  months  in  every  one  year,  one  hundred  twenty-five  dol- 
lars each  per  month;  four  field  deputj'  assessors  for  not  exceeding  three 
months  in  every  one  year,  one  hundred  twenty-five  dollars  per  month; 
three  copyists  for  not  exceeding  three  months  in  any  one  year,  eighty 
dollars  per  month;  and  such  additional  assistants  as  the  assessor  may  re- 
quire, and  whose  compensation  shall  not  in  the  aggregate,  exceed  the 
sum  of  fifteen  hundred  dollars  per  annum,  said  additional  assistants  to  be 
paid  for  their  services  on  the  presentation  and  filing  with  the  board  of 
supervisors  of  said  county  a  duly  verified  claim  or  claims  therefor.  Said 
assessor  may  employ  such  assistants  as  may  be  u.ecessary  in  making  maps, 
plats  and  drawings  essential  for  the  use  in  the  assessor's  office  in  the  per- 
formance of  his  duty,  and  the  expense  thereof  shall  be  a  charge  against 
the  county.  It  is  hereby  further  provided  that  the  said  assessor  shall 
retain  no  commission  for  the  collection  of  persoaal  property  taxes,  state 
poll  taxes  or  road  poll  tax,  but  that  all  such  elainxs  shall  be  paid  into  the 
county  treasury  and  become  the  property  of  the  county. 

District  attorney. 

9.  The  district  attorney  shall  receive  three  thousand  six  hundred  dol- 
lars per  annum,  and  said  district  attorney  while  in  receipt  of  said  salary 
shall  be  disqualified  from  engaging  in  the  practice  of  law  in  any  and  all 
of  the  courts  of  this  state,  in  any  action  or  cause  wherein  the  county 
in  w^hich  he  is  elected  and  serves  or  the  state  of  California  is  not  a  party 
or  parties;  and  there  is  hereby  allowed  to  the  district  attorney  one 
deputy  to  be  appointed  by  him  who  shall  receive  a  salary  of  eighteen 
hundred  dollars  per  annum,  and  one  stenographer  who  shall  receive  a 
salary  of  four  hundred   dollars  per  annum. 

Coroner. 

10.  The  coroner  shall  receive  such  fees  as  are  now,  or  may  hereafter 
be  allowed  by  law. 

Public  administrator. 

11.  The  public  administrator  shall  receive  such  fees  as  are  now,  or  may 
hereafter  be  allowed  by  law. 

Superintendent  of  schools. 

12.  The  superintendent  of  schools,  two  thousand  five  hundred  dollars 
per  annum;  and  there  shall  be  and  there  is  hereby  allowed  to  the  super- 
intendent of  schools,  one  deputy,  who  shall  be  appointed  by  the  superin- 
tendent of  schools,  and  shall  be  paid  a  salary  of  nine  hundred  dollars  per 
annum. 


§  4244  POLITICAL  CODE.  G92 

Surveyor. 

13.  The  surveyor  shall  receive  two  thousand  doUirs  per  annmn,  anil 
necessary  traveling  expenses  while  in  the  performance  of  the  duties  of 
his  office. 

Supervisor. 

14.  Each  supervisor  twelve  hundrecl  dollars  per  annum,  and  mileage  at 
twenty  cents  per  mile,  for  all  distances  traveled  by  him  as  supervisor  or 
as  road  commissioner;  such  Tuileage  not  to  exceed,  in  any  one  year,  the 
sum   of   one   thousand   dollars. 

Reporter. 

15.  The  official  shorthand  reporter  shall  receive  two  thousand  dollars 
per  annum  for  the  department  of  the  superior  court  to  which  he  has  been 
appointed.  Whenever  one  reporter  sliall  be  appointed  to.  and  shall  per- 
form tlie  duties  required  of  the  oflicial  shorthand  reporter,  for  more  than 
one  department  of  said  superior  court  he  sliall  receive  a  salary  therefor 
of  two  thousand  five  hundred  dollars  per  annum.  In  addition  thereto, 
he  shall  receive  for  transcribing  notes,  the  sum  of  ten  cents  per  folio, 
for  the  original,  and  five  cents  per  folio  for  all  copies  thereof. 

Justices  of  the  peace. 

16.  In  townshi])s  having  a  population  of  seven  thousand  or  over,  two 
justices  of  the  peace  shall  be  elected,  and  each  shall  receive  a  salary  of 
one  hundred  and  twenty-five  dollars  per  mouth.  In  townships  having  a 
population  less  than  seven  thousand  and  over  four  thousand  there  shall 
be  but  one  justice  of  the  peace  elected  and  he  shall  receive  a  salary  of 
fifty  dollars  per  month.  In  all  other  townships  there  shall  be  but  one 
justice  of  the  peace  who  shall  receive  a  salary  of  twenty  dollars  per 
month.  All  justices  in  .counties  of  this  class  shall  collect  in  civil  cases 
only,  the  following  fees,  to   wit: 

(1)  For  all  services  before  trial  or  entry  of  judgment,  by  default  or 
confession,  two  dollars  and  for  all  additional  services  in  such  action, 
including  execution  and  satisfaction  of  judgment,  two  dollars.' 

(2)  For  the  trial  of  civil  actions  and  all  proceedings  subsequent  there- 
to,  three   dollars. 

(3)  For  certificate  and  transmitting  papers  and  transcript  on  appeal, 
one  dollar. 

(4)  For  copies  of  papers  on  docket  per  folio,  ten  cents. 

(5)  For  issuing  a  search-warrant,  the  fee  to  be  paid  by  the  party  de- 
manding the  same,  one  dollar. 

(6)  For  celebrating  a  marriage,  and  returning  a  certificate  thereof  to 
the  county  recorder,  tive  dollars. 

(7)  For  taking  an  acknowledgment  of  an  instrument,  for  the  first 
name  fifty  cents,  and  for  each  additional  name  twenty-five  cents. 

(8)  For  administering  an   oath,  and   certifying  the   same,  fifty  cents. 

(9)  For  issuing  a  commission  to  take  testimony,  one  dollar. 

(10)  For  all  services  connected  with  the  posting  of  estrays,  one  dollar. 


693  POLITICAL   CODE.  §  4244 

(11)  For  issuing  each  affidavit,  certificate,  process,  writ,  order,  or 
paper  ^«?qiiired  by  law  to  be  issued,  not  otherwisu  herein  provided  for, 
twenty  five  cents. 

(12)  For  taking  bail  in  all  proceedings,  pending  before  another  magis- 
trate,  fifty   cents. 

All  such  fees  collected  by  such  justice  before  January  4th,  191.5,  shall 
be  retained  by  him  as  an  addition  to  his  salary;  and  all  collected  on  or 
after  said  date  shall  be  paid  into  the  general  fund  of  the  county  treasury. 

Constables. 

17.  In  townships  having  a  population  of  seven  thousand  or  over,  two 
constables  shall  bo  elected  and  each  shall  receive  a  salary  of  forty  dollars 
per  month.  In  townships  having  a  pojivilation  less  than  seven  and  over 
four  thousand,  there  shall  be  but  one  constable  elected,  and  he  shall  re- 
ceive a  salary  of  twenty-five  dollars  per  month.  In  all  other  townships 
'there  shall  be  but  one  constable  who  shall  receive  twenty  dollars  per 
month.  All  constables  in  addition  to  the  salaries  above  provided  for, 
shall  receive  and  collect,  for  their  own  use  and  benefit,  in  civil  cases  only, 
the  following  fees,  to  wit: 

(1)  For  serving  summons  and  complaint,  for  each  defendant  served, 
fifty  cents. 

(2)  For  each  copy  of  summons  made  by  him,  twenty-five  cents. 

(3)  For  levying  writ  of  attrichment  or  execution,  or  executing  an  order 
of  arrest,  in  a  civil  case  or  for  delivery  of  personal  property,  two  dollars. 

(4)  For  serving  a  writ  of  attachment  or  execution  on  any  ship,  boat,  or 
vessel,  three  dollars. 

(.5)  For  keeping  personal  property,  such  sum  as  the  court  may  order, 
but  no  more  than  two  dollars  fifty  cents  per  day,  for  a  keeper,  when 
necessarily  employed. 

(6)  For  taking  a  bond  or  undertaking,  one  dollar. 

(7)  For  copies  of  writs  or  other  papers,  except  summons,  complaints, 
and  subpoenas,  per  folio  fifteen  cents;  provided,  that  when  correct  copies 
are  furnished  him  for  use,  no  charges  shall  be  made  for  such  copies. 

(8)  For  serving  any  writ,  notice  or  order,  except  summons,  complaint, 
or  subpoena,  foj  each  persons  [person]  served,  fifty  cents. 

(9)  For  writing  and  posting  each  notice  of  sale  of  property,  fifty  cents. 
(10  For  furnishing  notice  of  publication,  twenty -five   cents. 

(11)  For  serving  subpoenas,  each  wifness  including  copy,  fifty  cents. 

(12)  For  collecting  money  on  execution   two  and  one-half  per  cent. 

(13)  For  executing  and  delivering  certificate  of  sale,  fifty  cents. 

(14)  For  executing  ajid  delivering  constable's  deed,  two  dollars  and 
fifty  cents. 

(15)  For  each  mile  actually  traveled  within  his  county  in  the  service 
of  any  civil  suit,  order,  or  paper,  in  going  only,  per  mile,  twenty-five 
cents.     No  constructive  mileage  shall  be   allowed. 

(16)  For  each  mile  necessarily  traveled  w^ithin  his  county,  in  executing 
a  warrant  of  arres:^^^  both  in  going  to  and  returning  from  the  place   of 


§  4244  POLITICAL   CODE.  694 

arrest,  fifteen  cents;  and  the  actual  cost  of  the  transportation  of  the 
prisoner  or  prisoners  from  the  place  of  arrest  to  the  justice  court,  and 
the  necessary  expense  cf  assistance;  provided,  that  for  traveling  in  per- 
formance of  two  or  more  official  services  at  the  same  time,  including 
the  service  of  criminal  process,  but  one  mileage  shall  be  charged. 

(17)  For  each  mile  necessarily  traveled  outside  his  county  in  execut- 
ing a  warrant  of  arrest,  both  in  going  to  and  returning  from  the  place  of 
arrest,  fifteen   cents. 

(18)  For  transporting  prisoners  to  the  county  jail,  from  the  justices* 
court  or  from  the  county  jail  to  the  justices'  court,  the  actual  cost  of 
transportation  and  assistance,  and  mileage  at  twenty-five  cents  per  mile, 
one  way.  In  conveying  two  or  more  prisoners,  but  one  mileage  shall  be 
charged. 

(19)  For  each  day  in  which  the  constable  is  charged  with  the  custody 
of  a  prisoner  or  prisoners,  two  dollars  fifty  cents,  and  for  necessary  ex 
pense  of  mainten.-ince  and  assistance  in  keeping  said  prisoners. 

(20)  For  summoning  a  jury  in  a  civil  case,  twenty-five  cents  for  each 
of  the  persons  so  summoned,  and  mileage  at  the  rate  of  twenty-five  cents 
per    mile,   going   only. 

(21)  For  attending  court  during  the  trial  of  a  civil  cause,  per  day, 
three  dollars. 

(22)  For  making  sales  of  estrays  in  civil  cases,  the  same  fees  as  for 
sales  on  execution. 

(23)  For  serving  writ  of  possession  or  restitution,  putting  a  person 
in  possession  of  the  premises,  and  removing  the  occupants  therefrom 
three  dollars  per  day,  and  mileage  at  twenty-five  cents  per  mile,  going 
only. 

(21)  The  mileage  provided  for  herein  shall  be  computed  for  the  short- 
est practicable  traveled  route  between  the  two  points  for  which  mileage 
is  claimed. 

Fees,  jurors,  superior  courts. 

18.  The  fees  of  grand  jurors  and  trial  jurors  in  the  superior  courts  of 
said  counties  of  the  fifteenth  class,  in  civil  and  criminal  cases  shall  be 
three  dollars,  in  lawful  money  of  the  United  States,  for  each  days's  at 
tendance,  and  mileage  to  be  computed  at  the  rate  of  fifteen  cents  per 
mile  for  each  mile  necessarily  traveled  in  attending  court,  in  going  only. 
In  criminal  cases  such  fees  and  mileage  of  said  trial  jurors  in  the  superior 
court  shall  be  paid  by  the  treasurer  of  the  county  out  of  the  general  fund 
of  said  county  upon  warrants  drawn  by  the  county  auditor  upon  the 
written  order  of  the  judije  of  the  court  in  which  s:iid  juror  was  in  at- 
tendance, and  the  treasurer  of  said  county  shall  pay  said  warrants.  The 
board  of  supervisors  of  said  county  is  hereby  directed  to  make  suitable 
appropriations  for  the  payment  of  the  fees  herein  provided  for. 

Fees,  jurors,  justices'  court. 

19.  The  fees  of  jurors  in  justices'  courts  in  civil  and  criminal  cases, 
shall  be  two  dollars  in  lawful  money  of  the  United  States  for  each  day's 


695  POLITICAL   CODE.  §  4245 

attendance  and  mileage  to  be  computed  at  the  rate  of  fifteen  cents  per 
mile  for  each  mile  necessarily  traveled  iu  attending  court  in  going  only;  - 
in  criminal  cases  such  fees  and  mileage  of  said  trial  jurors  in  the 
justices'  courts  shall  be  paid  by  the  treasurer  of  the  county  out  of  the 
general  fund  of  said  county  upon  warrants  drawn  by  the  county  auditor 
upon  the  written  order  of  the  judge  of  the  court  in  which  said  jury 
was  in  attendance,  and  the  treasurer  of  said  county  shall  pay  said  war- 
rants. The  board  of  supervisors  of  said  county  is  hereby  directed  to 
make  suitable  appropriations  for  the  payments  of  the  fees  herein  pro- 
vided for. 

Salaries  and  fees,  how  paid. 

20.  All  salaries  provided  for  in  this  article  shall  be  paid  out  of  the 
treasury  of  the  county  in  monthly  installments,  and  all  fees  shall  be 
paid  from  the  county  treasury  as  other  bills  against  the  county  are  paid. 
[Amendment  approved  June  16,  1913;  Stats.  1913,  p.  1210.] 

Also   amended  February  28,    1911    (Stats.   1911,   p.   164),   and   April   27,   1911 
(Stats.    1911,   p.   1173). 

Citations.      App.   11/578,   579. 

Counties,  sixteenth  class — Contra  Costa.     Salaries  of  officers. 

§  4245.  In  counties  of  the  sixteenth  class  the  county  and  township 
officers  shall  receive  as  compensation  for  the  services  required  of  them 
by  law,  or  by  virtue  of  their  office,  the  following  salaries,  to  wit: 

County  clerk. 

1.  The  county  clerk,  three  thousand  two  hundred  and  fifty  dollars  per 
annum;  provided,  that  in  counties  of  this  class  there  shall  be  and  there 
is  hereby  allowed  to  the  county  clerk  the  following  clerks,  deputies  and 
employees,  who  shall  be  appointed  by  the  county  clerk,  and  shall  be  paid 
salaries  as  follows:  One  chief  deputy  at  a  salary  of  one  hundred  and 
twenty-five  dollars  per  month;  one  courtroom  deputy  at  a  salary  of  one 
hundred  and  fifteen  dollars  per  month;  one  office  deputy  at  a  salary  of 
one  hundred  dollars  per  month;  one  stenographer  at  a  salary  of  sixty  dol- 
lars per  month;  provided,  further,  that  in  any  year  that  the  compilation 
of  a  new  great  register  is  required  by  law,  the  county  clerk  shall  receive 
as  expenses  for  compiling  such  great  register  the  sum  of  five  cents  for 
each  name  inserted  in  said  great  register,  to  be  paid  upon  the  filing  and 
presentation  of  a  duly  verified  claim  therefor  by  the  county  clerk  with 
the  board  of  supervisors  of  said  county;  and  provided,  further,  that  in 
any  year  when  a  new  great  register  of  voters  is  required  by  law,  that 
said  county  clerk  may  appoint  such  number  of  registration  deputies  as 
may  be  necessary  for  the  registration  of  voters  in  their  respective  pre- 
cincts, each  of  said  deputies  to  receive  the  sum  of  ten  cents  per  name 
for  each  elector  registered  by  him;  said  registration  deputies  to  be  paid 
for  their  services  on  the  presentation  and  filing  with  the  board  of  super- 
visors of  said  county  a  duly  verified  claim  therefor.  The  salaries  of  the 
deputies,  clerks  and  employees  herein  provided  for  shall  be  paid  by  said 


§  4245  POLITICAL   CODE.  696 

county  in  monthly  installments,  at  the  same  time  and  in  the  same  manner 
and  out  of  the  same  fund  as  the  salary  of  the  county  derk  is  paid; 
provided,  however,  that  the  compensation  for  the  registrati<m  of  electors 
and  compilation  of  the  great  register,  as  herein  provided  for  shall  not 
be  paid  in  monthly  installments,  but  shall  be  paid  after  proper  allowance 
of  such  claims  by  the  board  of  supervisors  of  said  county. 

Sheriff. 

2.  The  sheriff,  five  thousand  dollars  per  annum,  all  mileage  for  the 
service  of  papers  in  civil  actions  aris^ing  either  inside  or  outside  of  the 
county,  excepting  actions  in  which  the  county  is  interested,  all  fees  for 
service  of  papers  in  actions  arising  outside  of  the  county,  all  expenses 
incurred  in  criminal  cases  and  the  sum  of  thirty-seven  and  one-half  cents 
per  day  for  feeding  each  prisoner  committed  to  his  custody;  provided, 
that  in  counties  of  this  class  there  shall  be  and  there  hereby  is  allowed 
to  the  sheriff  the  following  deputies,  clerks,  and  employees,  who  shall  be 
appointed  by  the  sheriff,  and  shall  be  paid  salaries  as  follows:  One  chief 
deputy  sheriff  at  a  salary  of  one  hundred  and  fifty  dollars  per  month; 
one  courtroom  deputy  sheriff  at  a  salary  of  one  hundred  dollars  per 
month;  one  deputy  sheriff  to  act  as  jailer  at  a  salary  of  one  hundred 
dollars  per  month;  and  one  stenografiher  to  the  sheriff,  at  a  salary  of 
eighty-five  dollars  per  month.  The  salaries  of  the  deputies,  clerks  and 
employees  herein  provided  for  shall  be  paid  by  the  county  in  monthly 
installments,  at  the  same  time  and  in  the  same  manner  and  out  of  the 
same  fund  as  the  salary  of  the  sheriff  is  paid. 

Recorder. 

3.  The  recorder,  three  thousand  two  hundred  and  fifty  dollars  per  an- 
num, anil  ten  cents  per  name  for  inserting  each  name  (as  grantor  or 
grantee),  in  the  general  index,  and  ten  cents  for  each  and  every  mort- 
gage, trust  deed  and  tax  sale  abstracted  in  preparing  abstract  of  mort- 
gage and  tax  sales  for  the  assessor  when  such  abstract  is  required  by 
law;  the  cost  thereof  shall  be  a  charge  against  the  county  and  payable 
out  of  the  general  fund;  provided,  that  in  counties  of  this  cl.isS,  there 
shall  be  and  there  hereby  is  allowed  to  the  recorder  the  following  clerks, 
deputies  and  employees,  wlio  shall  be  appointed  by  the  county  recoriler, 
and  shall  be  paid  salaries  as  follows:  one  chief  deputy,  at  a  salary  of  one 
hundre<l  and  twenty-five  dollars  per  montli,  one  deputy  at  a  salary  of  one 
hundred  dollars  per  month,  and  two  clerks,  each  of  whom  shall  receive  a 
salary  of  fifty  dollars  per  month.  The  salaries  of  the  deputies  herein 
orovided  for  shall  be  paid  by  said  county  in  monthly  installments  at  the 
same  time  and  in  the  same  manner  and  out  of  the  same  fund  as  the 
salary-  of  the  county  recorder  is  paid. 

Auditor. 

4.  The  auditor,  three  thousand  two  hundred  and  fifty  dollars  per  an- 
num; provided,  tli:it  in  counties  of  this  class,  there  shall  be  and  there 
hereby   is   allowed    to    the    auditor    the   following   clerks   and    ouiployec-s. 


697  POLITICAL  CODE.  §  4245 

who  shall  be  appointed  by  the  county  auditor,  and  shall  be  paid  salaries  as 
follows:  one  deputy  auditor  at  a  salary  of  one  hundred  and  ten  dollars 
per  month  and  one  computation  clerk  for  three  months  only  in  each  year, 
at  a  salary  of  eighty-five  dollars  per  month.  The  salaries  of  the  clerks 
and  employees  herein  provided  for  shall  be  paid  by  the  county  in  monthly 
installments,  at  the  same  time  and  in  the  same  manner  and  out  of  the 
same  fund  as  the  salary  of  the  county  auditor  is  paid. 

Treasurer. 

5.  The  treasurer,  three  thousand  two  hundred  and  fifty  dollars  per 
annum;  provided,  that  in  counties  of  this  class  there  shall  be  and  there 
is  hereb}'-  allowed  to  the  treasurer,  one  clerk,  who  shall  be  appointed  by 
the  treasurer  and  who  shall  receive  a  salary  of  seventy-five  dollars  per 
month,  said  salary  to  be  paid  in  monthly  installments,  at  the  same  time 
and  in  the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the 
treasurer  is  paid;  provided,  however,  that  the  bond  of  the  treasurer  shall 
be  executed  with  a  reliable  bonding  and  surety  company  and  that  the 
cost  of  said  bond,  when  duly  approved,  shall  be  a  charge  against  the 
county  and  payable  out  of  the  general  fund. 

Tax  collector. 

6.  The  tax  collector,  three  thousand  two  hundred  and  fifty  dollars  per 
annum;  provided,  that  in  counties  of  this  class  there  shall  be  and  there 
hereby  is  allowed  to  the  tax  collector  the  following  clerks,  deputies  and 
employees,  who  shall  be  appointed  by  the  tax  collector,  and  shall  be  paid 
salaries  as  follows:  one  deputy  tax  collector  at  a  salary  of  one  hundred 
and  twenty-five  dollars  per  month;  one  stenographer  to  the  tax  collector 
at  a  salary  of  seventy-five  dollars  per  month;  and  such  copyists  as  the  tax 
collector  may  appoint  at  a  salary  of  not  to  exceed  two  dollars  per  day 
each;  provided,  however,  that  the  total  amount  of  salary  and  compensa- 
tion paid  to  such  copyists  shall  not  exceed  the  sum  of  six  hundred  dol- 
lars per  annum;  one  index  clerk  to  be  paid  not  to  exceed  one  cent  for 
each  separate  assessment  appearing  on  the  rolls  each  year;  such  copyists 
and  index  clerk  to  be  paid  for  their  services  on  the  presentation' and 
filing  with  the  board  of  supervisors  of  said  county  a  duly  verified  claim 
therefor.  The  salaries  of  the  deputies,  clerks  and  employees  herein  pro- 
vided for  shall  be  paid  by  said  county  in  monthly  installments,  at  the 
same  time  and  in  the  same  manner  and  out  of  the  same  fund  as  the 
salary  of  the  tax  collector  is  paid;  provided,  however,  that  the  compensa- 
tion of  said  copyists  and  said  index  clerk  shall  be  paid  on  the  presenta- 
tion and  filing  of  claims  with  the  board  of  supervisors  as  hereinbefore 
provided. 

District  attorney. 

7.  The  district  attorney,  three  thousand  two  hundred  and  fifty  dollars 
per  annum;  provided,  that  in  counties  of  this  class  there  shall  be  and  there 
hereby  is  allowed  to  the  district  attorney  the  following  deputies,  clerks 
and  employees,  who  shall  be  appointed  by  the  district  attorney  and  shall 


§  4245  POLITICAL  CODE.  698 

be  paid  salaries  as  follows:  One  chief  deputy  district  attorney  at  a  salary 
of  oue  hundred  and  fifty  dollars  per  montb;  one  deputy  district  attorney 
at  a  salary  of  one  hundred  dollars  per  month;  and  one  stenographer  to 
the  district  attorney  at  a  salary  of  fifty  dollars  per  month.  The  salaries 
of  the  deputies,  clerks  and  employees  herein  provided  for  shall  be  paid 
by  said  county  in  monthly  installments,  at  the  same  time  and  in  the 
same  manner  and  out  of  the  same  fund  as  the  salary  of  the  district  at- 
torney is   paid. 

Superintendent  of  schools. 

8.  The  superintendent  of  schools,  three  thousand  two  hundred  and  fifty 
dollars  per  annum,  which  shall  include  his  actual  traveling  expenses  when 
visiting  the  schools  of  his  county;  ):rovided,  that  in  counties  of  this  class 
there  shall  be  and  there  hereby  is  allowed  to  the  superintendent  of 
schools  one  deputy  superintendent  of  schools,  who  shall  be  appointed  by 
the  superintendent  of  schools,  and  shall  be  paid  a  salary  of  seventy-five 
dollars  per  month.  The  salary  of  the  deputy  herein  provided  for  shall 
be  paid  by  said  county  in  monthly  installments,  at  the  same  time  and 
in  the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the 
superintendent   of  schools   is  paid. 

Assessor. 

9.  The  assessor,  five  thousand  dolfars  per  annum;  provided,  that  in 
counties  of  this  class  there  shall  be  and  there  hereby  is  allowed  to  the 
assessor  the  following  clerks,  deputies  and  employees,  who  shall  be 
appointed  by  the  assessor,  and  shall  be  paid  salaries  as  follows:  One  chief 
deputy  assessor  at  a  salary  of  one  hundred  and  twenty-five  dollars  per 
month;  one  office  deputy  assessor  at  a  salary  of  one  hundred  and  twenty- 
five  dollars  per  montli;  three  field  deputy  assessors  to  hold  office  during 
not  to  exceed  five  months  each  in  any  one  year  at  a  salary  of  one  hun- 
dred and  twenty-five  dollars  per  month  each;  one  field  deputy  assessor 
to  hold  office  not  to  exceed  five  months  in  any  one  year  at  a  salary 
of  one  hundred  dollars  per  month;  one  copyist  at  a  salary  of  sixty 
dollars  per  month.  And  such  additional  deputy  assessors  and  clerks 
as  the  assessor  may  appoint  at  a  salary  not  to  exceed  five  dollars  per 
day,  each;  provided,  however,  that  the  total  amount  of  s.-flary  and  com- 
pensation paid  to  such  additional  deputies  and  clerks,  at  a  salary  not 
to  exceed  five  dollars  per  day  each,  shall  not  exceed  the  sura  of  two 
thousand  four  hundred  dollars  per  annum;  said  additional  deputies  and 
clerks,  at  a  salary  not  to  exceed  five  dollars  per  day  each,  to  be  paid 
for  their  serviced  on  the  presentation  and  filing  with  the  board  of  super- 
visors of  said  county  a  duly  verified  claim  therefor.  The  salaries  of  the 
deputies,  clerks  and  employees  herein  provided  for  shall  be  paid  by  said 
county  in  monthly  installments,  at  the  same  time  and  in  the  same  manner 
and  out  of  the  same  fund  as  the  salary  of  the  assessor  is  paid;  provided, 
however,  that  the  compensation  of  said  additional  deputy  assessors,  at  a 
salary  of  not  to  exceed  five  dollars  per  day,  shall  be  paid  on  the  presenta- 
tion and  filing  of  claims  with  the  board  of  supervisors,  as  hereinbefore 


699  POLITICAL   CODE.  §  4245 

provided;  provkled,  however,  that  in  counties  of  tliig  class  the  assessor 
shall  reL'ei\e  no  compensation  or  conimissi(jns  for  tlie  collection  of  per- 
sonal property  taxes;  nor  ahall  such  assessor  receive  any  compensation  or 
commission  for  the  collection  of  poll  taxes  or  road  poll  taxes  nor  shall 
the  said  assessor  receive  any  compensation  for  making  out  the  military- 
roll  of  persons  returned  bj'  him  as  subject  to  military  duty  as  provided 
by  section  1901  of  the  Political  Code;  provided,  however,  that  fifteen  per 
cent  of  all  moneys  collected  by  him  for  poll  taxes  and  road  poll  taxes 
shall  be  allowed  to  such  counties  on  their  settlement  with  the  state  and 
be  and  remain  the  property  of  such  counties. 

Coroner. 

10.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law;  provided,  however,  that  in  counties  of  this  class  there  shall  be 
and  there  hereby  is  allowed  to  the  county  coroner  one  stenographer  to 
the  coroner  to  be  appointed  by  him  at  a  salary  of  seventy-five  dollars  per 
month.  The  salary  of  the  stenographer  herein  provided  for  shall  be 
paid  by  said  county  in  monthly  installments,  at  the  same  time  and  in 
the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the  county 
officers  is  paid. 

Public  administrator. 

11.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

Surveyor. 

12.  The  surveyor,  ten  doUars  per  day  for  all  work  performed  for  the 
county,  and,  in  addition  thereto,  all  necessary  expenses  and  transporta- 
tion for  work  performed  in  the  field,  which  per  diem  and  expenses  shall 
be  in  lieu  of  all  fees  and  per  diem  heretofore  allowed  by  law. 

Justices  of  the  peace. 

13.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries,  to 
be  paid  each  month  as  the  salaries  of  county  oflicers  are  paid,  which  shall 
be  in  full  for  all  services  rendered  by  them  in  criminal  cases:  (1)  lu 
tOA.'nships  having  a  population  of  three  thousand  or  more,  one  hundred 
dollars  a  month;  (2)  in  townships  having  a  population  of  twenty-five 
hundred  and  less  than  three  thousand,  fifty  dollars  a  month;  (3)  in  town- 
ships having  a  population  of  two  thousand  and  less  than  twenty-five 
hundred,  fortj'-five  dollars  a  month;  (4)  in  townships  having  a  population 
of  twelve  hundred  and  less  than  two  thousand,  forty  dollars  a  month; 
(5)  in  townships  having  a  population  of  one  thousand  and  less  than 
twelve  hundred,  twenty  dollars  a  month;  (6)  in  townships  having  a 
population  of  four  hundred  and  fifty  and  less  than  one  thousand,  fifteen 
dollars  a  month;  (7)  in  townships  having  a  population  of  less  than  four 
hundred  and  fifty,  live  dollars  a  mouth.  Each  justice  must  pay  into  the 
county  once  a  month,  all  fines  collected  by  him  in  criminal  eases,  and  the 
auditor  must  withhold  warrants  for  salary  until  a  sworn  statement  has 


§  4245  POLITICAL   CODE.  700 

been  filed  with  him  of  all  criminal  cases  tried  and  fines  collected  and 
paid  into  the  county  treasury.  In  addition  to  the  monthly  salary  allowed 
herein,  each  justice  may  receive  for  his  own  use  in  civil  cases  the  fees 
allowed  by  law.  For  all  services  appertaining  to  the  coroner's  oflice 
which  the  coroner  is  unable  to  attend  to,  the  justices  of  the  peace  shall 
receive  the  same  fees  as  are  allowed  the  coroner  in  similar  cases. 

Constables. 

14.  Constables  shall  receive  the  following  salaries  to  be  paid  each 
month  as  salaries  of  county  officers  are  paid,  which  shall  be  in  full  for 
all  services  rendered  by  them  in  criminal  cases:  (1)  In  townships  having 
a  population  of  three  thousand  or  more,  one  hundred  twenty-five  dollars 
u  month;  (2)  in  townships  having  a  population  of  twenty-five  hundred 
and  less  than  three  thousand,  eighty  dollars  a  month;  (3)  in  townships 
having  a  population  of  two  thousand  and  less  than  twenty-five  hun- 
dred, seventy-seven  and  one-half  dollars  a  month;  (4)  in  townships  having 
a  population  of  twelve  hundred  and  less  than  two  thousand,  seventy-five 
dollars  a  month;  (5)  in  townships  having  a  population  of  one  thousand 
and  less  than  twelve  hundred,  thirty-five  dollars  a  month;  (6)  in  town- 
ships having  a  population  of  four  hundred  and  fifty  and  less  than  one 
thousand,  twpnty-tive  dollars  a  month;  (7)  in  townships  having  a  popula- 
tion of  less  than  four  hundred  and  fifty,  five  dollars  a  month;  provided 
further,  that  in  addition  to  the  salary  herein  allowed,  each  constable  shall 
be  paid  out  of  the  treasury  of  the  county  for  traveling  expenses  outside 
of  his  own  township,  for  service  of  a  warrant  of  arrest  or  any  other 
paper  in  a  criminal  case,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law.  For  serving  a  coroner's  subpoena  the  same  fees  and  mileage  as 
are  now  or  may  hereafter  be  allowed  by  law  for  the  service  of  a 
subpoena  issued  out  of  a  justice's  court.  For  summoning  a  coroner's  jury 
the  same  fees  as  are  now  or  may  be  hereafter  allowed  for  summoning  a 
jury  in  a  civil  action  in  the  justice's  court.  For  transporting  prisoners 
to  the  county  jail,  the  expenses  of  such  transportation.  In  addition  to 
the  monthly  salaries  allowed  him  heroin,  each  constable  may  receive  for 
his  own  use  in  civil  cases  the  fee  allowed  by  law.  For  transporting 
prisoners  to  the  county  jail,  the  actual  expenses  of  such  transportation, 
in  addition  to  the  monthly  salaries  allowed  him  herein,  each  constable  may 
receive  for  his  own  use  in  civil  cases  the  fees  allowed  by  law. 

Population  of  townships  ascertained  by  supervisors. 

15.  The  population  of  the  several  judicial  townships,  for  the  purpose 
of  fixing  the  compensation  of  township  ofiicers,  shall  be  ascertained  and 
declared  by  the  board  of  supervisors  in  the  month  of  July,  1914,  and  in 
the  month  of  July  every  four  years  thereafter. 

Supervisors. 

16.  Each  member  of  the  board  of  supervisors,  nine  hundred  dollars  per 
annum,  and  as  road  commissioner  three  hundred  dollara  per  annum  and 
expenses,  as  sup.'rvisor  ;uiu  road  commissioner  not  to  exofled  twenty  cents 


701  POLITICAL    CODE.  §  4246 

per  mile  each  way  for  traveling  to  and  from  his  residence  while  engaged 
in  the  performance  of  the  duties  of  supervision  of  public  road  as  road 
commissioner,  or  other  business  of  the  county,  said  expenses  not  to  exceed 
fifty  dollars  in  any  one  month. 

Fees,  jurors. 

17.  Grand  jurors  and  jurors  in  the  superior  court  shall  receive  the  sum 
of  three  dollars  for  each  day's  attendance  and  mileage  for  each  day's 
attendance  at  the  rate  of  seven  cents  per  mile  of  the  distance  actually 
traveled  from  the  residence  of  said  juror  to  the  county  seat  one  way 
only  and  which  mileage  shall  be  payable  out  of  the  funds  of  the  county 
on  the  order  of  the  judge  of  said  superior  court.  [Amendment  approved 
June  16,  1913;  Stats.  1913,  p.   1413.] 

Also   amended   February  28,    1911    (Stats.    1911,   p.    168),   and   April  29,    1911 

(Stats.  1911,  p.  1216). 

Counties,  seventeenth  class — Santa  Barbara.     Salaries  of  officers. 

§  4246.  In  counties  of  the  seventeenth  class  the  county  officers  shall 
receive  as  compensation  for  services  required  of  them  by  law  or  by  virtue 
of  their  offices,  the  following  salaries,  to  wit: 

County  clerk. 

1.  The  county  clerk,  three  thousand  dollars  per  annum;  provided,  that 
in  counties  of  this  class  there  shall  be  and  there  hereby  is  allowed  to 
the  county  clerk  the  following  deputies  who  shall  be  appointed  by  the 
county  clerk  and  shall  be  paid  salaries  as  follows:  One  chief  deputy  clerk, 
at  a  salary  of  fifteen  hundred  dollars  per  annum;  one  courtroom  deputy 
clerk,  at  a  salary  of  twelve  hundred  dollars  per  annum;  and  one  clerk 
of  the  board  of  supervisors,  at  a  salary  of  one  thousand  dollars  per  an- 
num. In  each  year  in  which  a  new  and  complete  registration  of  voters 
is  required  b}'  law,  said  county  clerk  shall  receive  such  additional  amount 
as  shall  be  deemed  necessary  by  the  board  of  supervisors  for  extra  help 
in  the  office  during  such  work,  and  also  receive  an  additional  sum  of 
seven  and  one-half  cents  per  name  for  taking  affidavits  for  registration 
outside  of  the  office  by  deputy  registration  clerks,  the  claims  for  which 
shall  be  presented  to  and  allowed  by  the  board  of  supervisors  as  other 
claims  are  presented  and  allowed.  The  salaries  of  the  deputies  herein 
provided  for  shall  be  paid  by  said  county  in  equal  monthly  installments 
at  the  same  time  and  in  the  same  manner  and  out  of  the  same  funds  as 
the  salary  of  the  county  clerk. 

Sheriff. 

2.  The  sheriff,  six  thousand  dollars  per  annum. 

Recorder. 

3.  The  recorder,  twenty-eight  hundred  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  is  hereby  allowed  to  the 
recorder  the  following  deputies,  who  shall  be  appointed  by  the  recorder 


§  42*46  POLITICAL  CODE.  702 

and  shall  be  paid  salaries  as  follows:  One  chief  deputy  at  a  salary  of 
ninety  dollars  per  month,  and  one  deputy  at  a  salary  of  seventy-five  dol- 
lars -per  month;  said  salaries  to  be  paid  by  said  counties  in  monthly  in- 
stallments at  the  same  time  and  in  the  same  manner  and  out  of  the  same 
funds  as  the  salary  of  the  recorder  is  paid. 

Auditor. 

4.  The  auditor  twenty-five  hundred  dollars  per  annum;  provided,  that 
in  counties  of  this  class  there  shall  be  and  is  hereby  allowed  to  the 
auditor  one  chief  deputy,  who  shall  be  appointed  by  the  county  auditor 
and  paid  a  salary  of  one  hundred  dollars  per  month;  and  also,  provide  i. 
that  the  auditor  shall  be  allowed  such  an  additional  amount  as  may  be 
deemed  necessary  by  the  board  of  supervisors  for  extra  help  in  his  office, 
said  amount  for  extra  help  not  to  exceed  the  sum  of  five  hundred  dollars 
in  any  one  year,  said  salaries  to  be  paid  by  said  county  in  monthly  in- 
stallments at  the  same  time  and  in  the  same  manner  and  out  of  the 
same  funds  as  the  salary  of  the  county  auditor  is  paid. 

Treasurer. 

5.  The  treasurer,  one  thousand  five  hundred  dollars  per  annum. 

Tax  collector. 

6.  The  tax  collector  twenty-five  hundred  dollars  per  annum,  which 
shall  be  in  fall  compensation  for  all  services  rendered  by  him;  provided, 
that  in  counties  of  this  class  there  shall  be  and  is  hereby  allowed  to  the 
tax  collector  one  deputy  who  shall  be  appointed  by  said  tax  colle<-tor.  at 
a  salary  of  twelve  hundred  dollars  per  annum,  said  salary  to  he  paid  by 
said  county  in  monthly  installments,  at  the  same  time,  in  the  same  man- 
ner and  out  of  the  same  fund  as  the  salary  of  the  tax  collector  is  pai<l; 
also,  provided,  that  the  said  tax  collector  shall  be  allowed  such  an  addi- 
tional amount  as  may  be  deemed  necessary  by  the  board  of  supervisors 
for  extra  help  in  the  office;  said  amount  for  said  extra  help  shall  not 
exceed  in  the  aggregate  the  sum  of  two  hundred  dollars  in  any  one  year. 

Assessor. 

7.  The  assessor,  twenty-five  hundred  dollars  per  annum;  provided,  that 
in  counties  of  this  class  there  shall  he  and  is  hereby  allowed  to  the  as- 
sessor two  deputies,  one  for  a  period  of  six  months  during  each  fiscal- 
year,  who  shall  be  appointed  by  said  assessor  and  be  paid  a  salary  of 
ninety  dollars  per  month;  and  one  for  a  period  of  six  months  during 
each  fiscal  year,  who  shall  be  appointed  by  said  assessor  and  be  paid  a 
salary  of  seventy-five  dollars  per  mouth;  said  salaries  to  be  paid  by  said 
county  in  monthly  installments  at  the  same  time  and  in  the  same  manner 
and  out  of  the  s.-xme  fund  as  the  salary  of  the  assessor  is  paid. 

Dirtrict  attorney. 

8.  The  district  attorney,  two  thousand  five  hundred  dollars  per  annum; 
provided,  that  in  counties  of  this  class  there  shall  be  and  is  hereby  al- 


703  POLITICAL   CODE.  §  4246 

lowed  to  the  district  attorney  the  following  deputies,  who  shall  be  ap- 
pointed b}'  the  district  attorney  and  shall  be  paid  salaries  as  follows: 
One  chief  deputy  at  a  salary  of  seventy-five  dollars  per  month;  one 
deputy  at  a  salary  of  fifty  dollars  per  month;  one  deputy  at  a  salary 
of  twenty-five  dollars  per  month;  said  salaries  to  be  paid  by  said  county 
in  monthly  installments  at  the  same  time  and  in  the  same  manner  and 
out  of  the  same  fund  as  the  salary  of  the  district  attorney  is  paid. 

Coroner. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

Public  administrator. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

Superintendent  of  schools. 

11.  The  superintendent  of  schools,  two  thousand  dollars  per  annum, 
and  actual  traveling  expenses  when  visiting  the  schools  of  his,  or  her, 
county;  provided,  that  in  counties  of  this  class  there  shall  be  and  is 
hereby  allowed  to  the  superintendent  of  scliools  one  deputy,  who  shall 
be  appointed  by  the  superintendent  of  schools  and  paid  a  salary  of 
ninety  dollars  per  month,  said  salary  to  be  paid  by  said  county  in 
monthly  installments,  and  at  the  same  time  and  in  the  same  manner 
and  out  of  the  same  fund  as  the  salary  of  the  superintendent  of  schools 
is  paid. 

Surveyor. 

12.  The  county  surveyor  shall  receive  fifteen  hundred  dollars  per  an- 
num and  necessary  costs  of  transportation  to  and  from,  and  necessary 
expenses  in,  the  field  while  engaged  on  public  work;  provided,  that 
whenever  said  surveyor  is  directed  by  the  assessor  to  plat,  trace,  or 
otherwise  prepare  maps,  plats  or  block-books  for  the  use  of  the  county 
assessor,  he  shall  be  allowed  only  the  actual  cost  of  preparing  the  same. 

Justices  of  the  peace. 

13.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries, 
to  be  paid  each  month  in  the  same  manner  and  at  the  same  time  and 
out  of  the  same  funds  as  other  county  officers  are  paid,  which  shall  be 
in  full  for  all  services  rendered  by  them  in  criminal  cases:  In  townships 
having  a  population  of  more  than  ten  thousand,  ninety  dollars  per 
month;  in  townships  having  a  population  of  thirty-five  hundred  and  not 
over  ten  thousand,  seventy-five  dollars  per  month;  in  townships  hav- 
ing a  population  of  two  thousand  and  not  over  thirty-fiVe  hundred,  fifty 
dollars  per  month;  in  townships  under  two  thousand  population,  twenty- 
five  dollars  per  month;  provided,  that  in  townships  where  there  have 
been  no  justices  of  the  peace  appointed  or  elected  for  two  years  preced- 
ing, justices  of  the  peace  shall  be  allowed  such  fees  as  are  now  or  may 


§  4247  POLITICAL   CODE.  704 

hereafter  be  allowed  by  law  in  criminal  cases.  In  addition  to  the  above 
compensation  received  in  criminal  cases,  each  justice  of  the  peace  may 
receive  and  retain  for  his  own  use  such  fees  as  are  now  or  may  here- 
after be  allowed  by  law  for  all  services  performed  by  them  in  civil 
cases.  For  the  purposes  of  this  section  the  population  of  townships  in 
counties  of  this  class  is  hereby  determined  to  be  the  population  of  such 
townships  as  shown  by  the  federal  census  taken  in  the  year  A.  D.  1910. 

Constables. 

14.  Constables  shall  receive  the  following  monthly  salaries,  to  be 
paid  each  month  and  in  the  same  manner  and  at  the  same  time  and 
out  of  the  same  fund  as  other  county  officers  are  paid,  which  shall  be  in 
full  for  all  services  rendered  by  them  in  criminal  cases:  In  townships  hav- 
ing a  population  of  more  than  ten  thousand,  seventy-five  dollars  per 
month;  in  townships  having  a  population  of  thirty-five  hundred  and  not 
over  ten  thousand,  seventy  dollars  per  month;  in  townships  having  a 
population  of  two  thousand  and  not  over  thirtj'-five  hundred,  forty  dol 
lars  per  month;  in  townships  having  a  population  of  under  two  thousand, 
twenty-five  dollars  per  month;  provided,  that  in  townships  where  there 
have  been  no  constables  appointed  or  elected  for  two  jears  preceding, 
constables  shall  be  allowed  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law  in  criminal  cases.  In  addition  to  the  above  compensation 
received  in  criminal  cases,  each  constable  may  receive  and  retain  for  his 
own  use  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law  for  all 
services  performed  by  him  in  civil  cases.  Constables  shall  also  be  al- 
lowed all  necessary  expenses  incurred  in  conveying  prisoners.  For  the 
purposes  of  this  section  the  population  of  townships  in  counties  of  this 
class  is  hereby  determined  to  be  the  population  of  such  townships  as 
shown  by  the  federal  census  taken  in  the  year  A.  D.  1910. 

Supervisors. 

15.  Each  supervisor,  six  hundred  dollars  per  annum  and  twenty  cents 
per  mile  for  traveling  from  his  residence  to  the  county  seat;  and  as 
road  commissioner,  four  dolhirs  per  day  for  not  to  exceed  eighteen  days 
in  any  one  month;  provided,  that  said  supervisors  shall  receive  no  mile- 
age when  acting  as  road  commissioner,  but  shall  receive  his  actual  travel- 
ing expenses  while  acting  as  such  road  commissioner,  not  to  exceed  the 
sum  of  two  hundred  dollars  in  any  one  year.  [Amendment  approved 
June  16,  1913;  Stats.  1913,  p.  1365.] 

Also   amended   February   28,    1911    (Ststs.    1911,   p.    172),   and    April   27,    1911 
(Stats.   1911,  p.   1145). 

Counties,  eighteenth  class — Solano.     Salaries  of  officers. 

§  4247.  In  counties  of  the  eighteenth  class  tlie  county  officers  shall 
receive,  as  conijiensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  the   following  salaries,  to  wit: 


705  POLITICAL   CODE.  §  4247 

County  clerk. 

1.  The  county  clerk,  three  thousand  three  hunrlred  dollars  per  annum 
and  such  fees  as  are  allowed  by  law;  also  five  hundred  dollars  additional 
per  annum  when  a  registration  of  voters  is  required  by  law.  He  s'Jiall 
also  be  allowed  one  copyist  which  office  of  copyist  is  hereby  created, 
who  shall  receive  as  compensation  the  sum  of  twelve  hundred  dollars 
per  annum,  payable  out  of  the  same  fund  and  in  the  same  manner  as 
the  salaries  of  other  county  officers  are  paid;  and  provided,  further  that 
in  any  year  when  a  registration  of  voters  is  required  by  law,  that  said 
county  clerk  may  appoint  such  number  ot  dejiuties,  who  are  hereby 
designated  and  shall  be  known  as  registration  deputies,  with  full  power 
to  register  electors  as  may  be  necessary  for  the  convenient  registration 
of  voters  in  their  respective  precincts  or  townships,  each  of  said  reg- 
istration deputies  to  receive  the  sum  of  ten  cents  per  name  for  each 
elector  registered  by  him.  The  compensation  of  such  registration  dep- 
uties for  such  registration  of  electors  shall  be  paid  out  of  the  general 
fund  of  the  county  on  a  duly  verified  claim  therefor  approved  by  said 
county  clerk  and  allowed  by  the  board  of  supervisors  of  said  county. 

Sheriff. 

2.  The  sheriff,  four  thousand  five  hundred  dollars  per  annum,  and  the 
fets  or  commissions  for  the  service  of  all  papers  whatsoever  issued  by 
any  court  outside  of  the  superior  court  in  and  for  his  county.  He  shall 
appoint  a  jailer  to  take  charge  of  the  branch  county  jail,  at  a  salary  of 
nine  hundred  dollars  per  annum  and  a  deputy  jailer,  at  a  salary  of 
twelve  hundred  dollars  per  annum,  who  shall  aet  as  a  jailer  for  the 
county  jail,  and  the  salaries  of  which  deputies  shall  be  paid  by  the 
county  in  the  same  manner  and  out  of  the  same  fund  as  the  salaries  of 
the  other  county  officers  are  paid. 

Recorder. 

.1.  The  recorder,  twenty-four  hundred  dollars  per  annum.  He  shall 
also  be  allowed  one  deputy  which  office  of  deputy  recorder  is  hereby 
created,  who  shall  receive  as  compensation  the  sum  of  twelve  hundred 
dollars  per  annum,  paj-able  out  of  the  same  fund  and  in  the  same  man- 
ner as  the  salaries  of  other  county  officers  are  paid.  He  shall  also  be 
allowed  two  copyists  which  two  offices  of  copyists  are  hereby  created, 
who  shall  receive  as  compensation  the  sum  of  six  hundred  dollars,  each 
per  annum,  payable  out  of  the  same  fund  and  in  the  same  manner  as 
the  salaries  of  other  county  officers  are  paid. 

Auditor. 

4.  The  auditor,  twenty-four  hundred  dollars.  The  auditor  shall  also 
be  allowed  one  deputy  auditor  which  office  of  deputy  auditor  is  hereby 
created,  who  shall  receive  as  compensation  the  sum  of  twelve  hundred 
dollars  per  annum,  payable  out  of  the  same  fund  and  in  the  same  man- 
ner as  the  salaries'  of  other  county  officers  are  paid. 

45 


§  4247  POLITICAL   CODE.  706 

Treasurer, 

5.  The  treasurer,  twenty-eight  hundred  dollars  per  annum.  He  shall 
also  be  allowed  one  deputy  which  office  of  deputy  treasurer  is  hereby 
created,  who  shall  receive  as  compensation  the  sum  of  twelve  hundred 
dollars  per  annum,  payable  out  of  the  same  fund  and  in  the  same  man- 
ner as  the  salaries  of  other  county  officers  are  paid. 

Tax  collector. 

6.  The  tax  collector,  three  thousand  dollars  per  annum. 

Assessor. 

7.  The  assessor,  four  thousand  dollars  per  annum.  He  shall  also  be 
allowed  one  deputy  which  office  of  deputy  is  hereby  created,  who  shall 
receive  as  compensation  twelve  hundred  dollars  per  annum,  payable  out 
of  the  same  fund  and  in  the  same  manner  as  the  salaries  of  other  county 
officers  are  paid.  The  assessor  shall  also  be  allowed  all  fees  and  com- 
missions allowed  him  by  law  for  collection  of  personal  property  taxes 
and  for  preparation  of  roll  of  persons  subject  to  military  duty. 

District  attomey. 

8.  The  district  attorney,  twenty-seven  hundred  dollarrs  per  annum. 
The  district  attorney  shall  also  be  allowed  one  stenographer  which 
office  of  stenographer  is  hereby  created,  who  shall  receive  as  compensa- 
tion the  sum  of  nine  hundred  dollars  per  annum  payable  out  of  the  same 
fund  and  in  the  same  manner  as  the  salaries  of  other  county  officers 
are  paid. 

Coroner. 

9.  Tiie  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

Public  administrator. 

10.  The   i>ublic   ailmiuistrator,  eight  hundred   dollars   per  annum. 

Superintendent  of  schools. 

11.  The  superintendent  of  "ichools,  two  thousand  four  hundred  dollars 
per  annum,  and  actual  traveling  expenses  when  visiting  the  schools  in 
his  county;  provided,  the  superintendent  of  schools  may  appoint  one 
assistant  superintendent  of  schools,  which  office  of  assistant  superin- 
tendent of  schools  is  hereby  created,  who  shall  receive  as  compensation 
the  sum  of  nine  hundred  dollars  per  annum,  payable  at  the  same  time 
and  in  the  same  manner  as  the  salaries  of  other  county  officers  are 
paid. 

Surveyor. 

12.  The  surveyor  shall  receive  ten  dollars  per  diem  for  each  day 
actually  employed  in  the  performance  of  his  duties  as  a  county  officer, 
and  in  addition  thereto  all  necessary  expenses,  such  as  transportation 
and  pay  of  help  which  may  be  necessary  for  the  performance  of  county 
duties. 


707  POLITICAL  CODE.  §  4247 

Justices  of  the  peace. 

13.  Justices  of  the  peace,  the  following  monthly  salaries,  to  be  pai.l 
each  month  as  the  salaries  of  county  officers  are  paid,  which  shall  be  in 
full  for  all  services  rendered  by  them  in  criminal  cases:  in  townships 
having  a  population  of  six  thousand  or  more,  one  hundred  dollars  per 
month;  in  townships  having  a  population  of  two  thousand  four  hundred 
and  less  than  six  thousand,  seventy-five  dollars;  in  townships  having  a 
population  of  two  thousand  and  less  than  two  thousand  four  hundred, 
sixty-five  dollars;  in  townships  having  a  population  of  one  thousand 
five  hundred  and  less  than  two  thousand,  fifty-five  dollars;  in  townships 
having  a  population  of  one  thousand  or  less  than  one,  thousand  five 
hundred,  thirty  dollars;  in  townships  having  a  population  of  eight  hun- 
dred and  less  than  one  thousand,  twenty  dollars;  in  townships  having  a 
population  of  five  hundred  and  less  than  eight  hundred,  fifteen  dollars; 
in  townships  having  a  population  of  less  than  five  hundred,  ten  dollars. 
Each  justice  must  pay  into  the  county  treasury,  once  a  month,  all  fines 
collected  by  him.  In  addition  to  the  monthly  salary  allowed  herein,  each 
justice  may  receive  for  his  own  use  such  fees  as  now  or  may  hereafter 
be  allowed  by  law  for  all  services  performed  by  him  in  civil  actions. 

Constables. 

14.  Constables,  the  following  salaries  which  shall  be  paid  monthly  as 
salaries  of  the  county  officers  are  paid,  and  which  shall  be  in  full  for  all 
services  rendered  by  them  in  criminal  cases,  to  wit:  in  townships  hav- 
ing a  population  of  one  thousand  eight  hundred  and  more,  one  hundred 
dollars;  in  townships  having  a  population  of  one  thousand  five  hundred 
and  less  than  two  thousand  one  hundred,  eighty  dollars;  in  townships 
having  a  population  of  one  thousand  and  less  than  one  thousand  five 
hundred,  fifty  dollars;  in  townships  having  a  population  of  eight  hun- 
dred and  less  than  one  thousand,  thirty  dollars;  in  townships  having  a 
population  of  five  hundred  and  less  than  eight  hundred,  fifteen  dollars; 
in  townships  having  a  population  of  less  than  five  hundred,  ten  dollars. 
In  addition  to  the  monthly  salary  allowed  herein,  each  constable  may  re- 
ceive and  retain  for  his  own  use  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law  for  all  services  performed  by  him  in  civil  actions. 
For  the  purpose  of  this  section,  the  basis  of  calculation  for  fixing  the 
compensation  of  justices  and  constables  above  mentioned,  the  population 
of  the  different  townships  of  the  county  shall  always  be  based  upon  the 
figures  as  shown  by  the  last  United  States  census;  provided,  however, 
that  whenever  the  census  of  any  township  or  townships  shall  have  been 
taken  under  the  provisions  of  this  title,  said  census  may  become  the 
basis  of  calculation. 

Supervisors. 

15.  Each  member  of  the  board  of  supervisors,  twelve  hundred  dollars 
per  annum  for  all  services  rendered  and  including  mileage  and  ser- 
vices as  road  commissioners;  provided,  that  when  required  to  go  on 
business  to  any  point  outside  of  said  county,  they  shall  be  allowed 
actual  expenses. 


§  4248  POLITICAL   CODE.  708 

Board  of  education. 

16.  Each  member  of  the  county  board  of  education  shall  receive  ten 
cents  per  mile  for  traveling  from  his  or  her  residence  to  the  county  seat; 
provided,  that  mileage  be  not  allowed  for  more  than  two  meetings  in 
any  one  month. 

In  effect,  when. 

17.  Sections  1,  3,  4,  5,  7,  8,  11  and  the  provisions  of  section  14  re- 
lating to  townships  having  a  population  of  one  thousand  eight  hundred 
and  more  shall  go  into  efifect  ninety  days  after  final  adjournment  of  the 
legislature. 

Salaries,  full  compensation. 

The  salaries  herein  allowed  are  in  full  compensation  for  all  duties  per- 
formed by  either  principals  or  their  deputies  and  all  fees  of  every  kind 
collected  by  each  officer  or  his  deputy  except  the  assessor  and  his  dep- 
uties, as  provided  in  section  7  of  this  act.  shall  be  paid  into  the  county 
treasury  as  provided  by  law.  except  that  of  the  county  clerk,  sheriff, 
assessor,  coroner,  justices  of  the  peace  and  constables  shall  each  be  al- 
lowed the  fees  and  commissions  as  provided  for  in  subdivisions  1,  2.  7. 
9,  13  and  14,  respectivelv,  of  this  act.  [Amendment  approved  .Tune  16. 
1913;  Stats.  1913.  p.  1267.J 

Also    imended   February   28,    1011     (Stats.    1911,    p.    175)    and    April    27,    1911 

(Stats.   1911.   p.   1168). 

Counties,  nineteenth  class — Butte.     Salaries  of  officers. 

§  4248.  In  counties  of  the  rincteenth  class,  the  county  officers  shall 
receive,  as  compensation  for  the  services  required  of  them  by  l:iw  or 
by  virtue  of  their  offices,  the  following  salaries,  to  wit: 

County  clerk. 

1.  The  county  clerk,  four  thousand  five  hundred  dollars  per  annum: 
provided,  that  in  years  when  a  great  register  of  voters  is  required  by 
law  to  be  made,  the  county  clerk  shall  receive  in  addition  to  his  regular 
salary  the  sum  of  twelve  hundred  dollars  for  such  service.  The  saiii 
clerk  may  appoint  one  chief  deputy  clerk,  which  said  office  of  chief 
deputy  clerk  is  hereby  created.  The  salary  of  such  chief  deputy  clerk 
is  hereby  fixed  at  twelve  hundred  dollars  per  annum,  such  salary  to  be 
paid  at  the  same  time  and  in  the  same  manner  as  the  salary  of  county 
officers  is  paid. 

Sheriff. 

2.  The  sheriff,  six  thousand  dollars  per  annum. 

Recorder. 

3.  The  recorder,  three  thousand  two  hundred  dollars  per  annum.  The 
recorder  shall  also  be  allowed  one  copyist  to  be  appointed  by  himself 
at  a  salary  of  se\enty-five  dollars  per  month,  to  be  paid  at  the  same 
time  and  in  the  same  manner  as  the  salary  of  county  officers  is  paid. 


709  POLITICAL  CODE.  §  4248 

Auditor. 

4.  The  auditor,  one  thousand  five  hundred  dollars  per  annum. 

Treasurer. 

5.  The  treasurer,  two  thousand  four  hundred  dollars  per  annum. 

Tax  collector. 

6.  The  tax  collector,  three  thousand  dollars  per  annum. 

Assessor. 

7.  The  assessor,  three  thousand  five  hundred  dollars  per  annum,  and 
the  fees  and  commissions  now  or  hereafter  allowed  by  law.  The  assessor 
shall  also  be  allowed  the  following  deputies,  to  be  appointed  by  him, 
viz.:  one  deputy  for  each  bona  fide  increase  of  two  hundred  real  estate 
statements  made  for  assessment  purposes  over  and  above  three  thousand 
of  such  statements,  and  not  to  exceed  in  all  five  deputies.  Each  of 
such  deputies  shall  receive  a  monthly  compensation  of  one  hundred  dol- 
lars, for  the  months  of  March,  April,  May  and  June  of  each  year,  the 
salary  of  such  deputies  to  be  paid  in  the  same  manner  and  out  of  the 
same  fund  as  the  assessor,  upon  the  presentation  of  a  certificate  that 
services  have  been  performed,  and  signed  by  the  assessor. 

District  attorney. 

8.  The  district  attorney,  twenty-four  hundred  dollars  per  annuqi;  assist- 
ant district  attorney,  fifteen  hundred  dollars  per  annum;  provided,  that 
in  counties  of  this  class  the  district  attorney  may  appoint  a  stenog- 
rapher, which  office  of  stenographer  to  the  district  attorney  is  hereby 
created,  and  such  stenographer  shall  receive  as  compensation  for  his 
or  her  services  the  sum  of  six  hundred  dollars  per  annum,  to  be  paid 
in  equal  monthly  installments  in  the  same  manner,  at  the  same  time  and 
out  of  the  same  fund  as  the  salary  of  other  county  officers  is  paid. 

Coroner. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

Public  administrator. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

Superintendent  of  schools. 

11.  The  superintendent  of  schools,  two  thousand  dollars  per  annum, 
and  his  actual  traveling  expenses  when  visiting  schools,  not  to  exceed 
ten  dollars  per  district;  provided,  that  the  said  superintendent  of  schools 
may  appoint  one  deputy  superinte;;dent  of  schools,  which  office  of  deputy 
superintendent  of  schools  is  hereby  created,  and  such  deputy  shall  re- 
ceive compensation  for  his  or  her  services  the  sum  of  seven  hundred 
twenty  dollars  per  annum,  to  be  paid  in  equal  monthly  installments  in 
the  same  manner,  at  the  same  time  and  out  of  the  same  fund  as  the 
salary  of  other  county  ofiieeis  is  paid. 


§  4248  POLITICAL   CODE.  710 

Surveyor, 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

Justices  of  the  peace  and  constables. 

13.  In  counties  of  this  class  the  township  oflRcers  shall  receive  the 
following  compensation,   to   wit: 

a.  In  townships  having  a  population  of  forty-five  hundred,  or  more, 
each  justice  of  the  peace  shall  receive  a  salary  of  one  hundred  twenty- 
five  dollars  per  month,  and  each  constable  a'  salary  of  ninety  dollars 
per  month. 

b.  In  townships  having  a  population  of  two  thousand,  or  more,  and 
less  than  forty-five  hundred,  each  justice  of  the  peace  shall  receive  a 
salary  of  fifty  dollars  per  month,  and  each  constable  a  salary  of  sixty 
dollars  per  month. 

c.  In  townships  having  a  population  of  nineteen  hundred  twenty-five, 
or  more,  and  less  than  two  thousand,  each  justice  of  the  peace  shall 
receive  a  salary  of  forty  dollars  per  month,  and  each  constable  a  salary 
of  fifty  dollars  per  month. 

d.  In  townships  having  a  population  of  eighteen  hundred,  or  more,  and 
less  than  nineteen  hundred  twenty-five,  each  justice  of  the  peace  shall 
receive  a  salary  of  thirty  dollars  per  month,  and  each  constable  a  salary 
of  forty  dollars  per  month. 

e.  In  townships  having  a  population  of  seven  hundred  thirty,  or  more, 
and  less  than  eighteen  hundred,  each  justice  of  the  peace  shall  receive 
a  salary  of  twenty  dollars  per  month,  and  each  constable  a  salary  of 
twenty-five  dollars  per  month. 

f.  In  townships  having  a  population  of  less  than  seven  hundred  thirty 
each  justice  of  the  peace  shall  receive  a  salary  of  five  dollars  per  month, 
and  each  constable  a  salary  of  five  dollars  per  month. 

The  above-named  salaries  shall  be  in  full  compensation  for  all  services 
of  said  justices  of  the  peace  and  constables  in  criminal  cases;  provided, 
that  each  constable  shall  be  allowed  and  paid  the  actual  expense  of 
trans]iorting  prisoners,  after  conviction,  to  the  county  jail,  which  said 
expense  shall  be  audited  and  allowed  by  the  board  of  supervisors  and 
paid  out  of  the  county  treasury. 

Said  justices  of  the  peace  and  constables  may  receive  and  retain  for 
their  own  use  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law  for  all  services  rendered  by  them  in  civil  actions. 

The  salaries  of  township  officers  as  herein  provided  for  shall  be  paid 
in  the  same  manner,  at  the  same  time,  and  out  of  the  same  funds  that 
county  officers  are  paid. 

Population  of  townships,  how  determined. 

For  the  jiurpose  of  this  subiiivisitm  the  population  of  the  several  ju- 
dicial townships  is  hereby  determined  to  be  the  population  of  said 
townships  as  shown  by  the  federal  census  taken  in  the  year  A.  D.  1910. 


711  POLITICAL    CODE.  §  4249 

Supervisors. 

14.  Each  member  of  the  board  of  supervisors,  twelve  hundred  dollars 
per  annum,  and  mileage  when  acting  as  road  commissioner,  twenty-five 
cents  per  mile  one  way;  provided,  the  amount  of  mileage  shall  not  ex- 
ceed the  sum  of  three  hundred  dollars  in  any  one  year. 

Board  of  education. 

15.  Members  of  the  board  of  education,  each  the  sum  of  five  dollars 
per  day  for  actual  service,  together  with  mileage  at  ten  cents  per  mile. 

Fees,  jurors. 

16.  In  counties  of  this  class  grand  jurors  and  trial  jurors  in  criminal 
cases  in  the  superior  court  shall  each  receive  for  each  day's  attendance 
the  sum  of  three  dollars,  and  the  mileage  allowed  by  law. 

In  effect,  when. 

17.  Sections  8,  11,  13,  and  16  hereof  shall  become  operative  as  soon  as 
this  act  takes  effect  and  shall  apply  to  incumbents  in  office.  [Amend- 
ment approved  June   16,   1913;   Stats.   1913,  p.   1270.] 

Also   amended   February   28,    1911    (Stats.    1911,   p.   177),   and   April   29,   1911 
(Stats.    1911,   p.    1241). 

Counties,  twentieth  class — San  Mateo.     Salaries  of  officers. 

§  4249.  In  counties  of  the  twentieth  class,  the  county  and  township 
oflficers  shall  receive  as  compensation  for  the  services  required  of  them 
by  law,  or  by  virtue  of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  three  thousand  dollars  per  annum,  and  such 
fees  as  are  now,  or  may  be  hereafter,  allowed  by  law,  and  in  any  year 
when  a  new  great  register  of  voters  is  required  by  law,  he  shall  receive 
in  addition  thereto  ten  cents  per  name  for  each  person  registered;  and 
provided,  that  in  counties  of  this  class  the  county  clerk  may  appoint 
one  deputy  who  shall  receive  a  salary  of  eighteen  hundred  dollars  per 
annum;  one  deputy  who  shall  be  a  stenographer,  which  office  is  hereby 
created,  at  a  salary  of  seventy-five  dollars  per  month,  and  during  any 
year  when  an  official  primary  election  is  held  in  the  county,  the  county 
clerk  may  appoint  one  additional  deputy,  which  office  is  hereby  created, 
to  serve  for  a  period  of  four  months  only,  at  a  monthly  salary  of 
seventy-five  dollars.  The  deputies  herein  provided  for  shall  be  paid  at 
the  same  time  and  in  the  same  manner,  and  out  of  the  same  fund  as 
the  county  clerk  is  paid.  In  any  year  when  a  new  registration  of 
voters  is  required  by  law  the  county  clerk  may  appoint  such  number 
of  deputies  as  may  be  necessary  for  the  convenient  registration  of 
voters  in  their  respective  precincts,  such  deputyships  and  offices  being 
hereby  created.  Each  of  said  deputies  shall  be  paid  the  sum  of  seven 
cents  per  name  for  each  elector  registered  by  him.  Said  compensation 
to  be  paid  out  of  the  general  fund  of  said  county  on  the  presentation 
and  filing  with  the  board  of  supervisors  of  said  county,  of  a  duly  veri- 
fied claim  therefor,  approved  by  said  county  clerk. 


§  4249  POLITICAL   CODE.  712 

2.  The  sheriff,  four  thousand  and  five  hundred  dollars  per  annum, 
and  mileage  at  the  rate  of  twenty-five  cents  per  mile  necessarily 
traveled  in  going  only. 

3.  The  recorder^  three  thousand  and  five  hundred  dollars  per  annum, 
and  said  recorder  may  appoint  two  deputy  recorders,  which  oflBces  are 
hereby  created,  who  shall  receive  a  salary  of  eight  hundred  dollars  each 
per  annum.  Said  recorder  may  also  appoint  such  copyists  as  may  be  re- 
quired for  the  recording  of  all  f)apers,  notices  or  documents  in  his 
office,  except  maps  or  plats,  who  shall  receive  as  compensation  for  their 
services  the  sum  of  six  cents  per  folio;  and  for  copies  of  any  paper 
or  record  six  cents  per  folio.  The  salaries  and  compensation  of  all 
deputies  and  copyists  herein  provided  for  shall  be  paid  by  the  county 
in  monthly  installments,  at  the  same  time,  and  in  the  same  manner, 
and  out  of  the  same  fund  as  the  salary  of  the  county   recorder  is  paid. 

4.  The  auditor,  one  thousand  eiglit  hundred  dollars  per  annum,  and 
said  auditor  may  appoint  one  deputy,  which  office  is  hereby  created, 
who  shall  receive  a  salary  of  nine  hundred  dollars  per  annum;  pro- 
vided, further,  that  in  counties  of  this  class  there  shall  be  and  is 
hereby  allowed  to  the  auditor  to  be  appointed  by  him.  which  office  is 
hereby  created,  a  copyist  for  the  month  of  October  in  each  year,  at  a 
salary  of  one  hundred  dollars.  The  deputy  and  copyist  herein  pro- 
vided for  shall  be  paid  at  the  same  time  and  in  the  same  manner  and 
out  of  the  same  fund  as  the  auditor  is  paid. 

5.  The  treasurer,  one  thousand  eight  hundred  dollars  per  annum. 

6.  The  tax  collector  three  thousand  five  hundred  dollars  per  annum 
(in  lieu  of  the  tax  collector's  present  compensation  of  two  thousand 
dollars  salary,  and  commissions  as  license  collector  allowed  him  by  law), 
provided,  that  in  counties  of  this  class  there  shall  be  and  there  hereby 
is  allowed  to  the  tax  collector  one  clerk,  which  office  is  hereby  created, 
to  be  appointed  by  him,  for  four  months  in  each  year,  at  a  salary  of 
sevent3'-five  dollars  ])er  month;  he  may  also  appoint  one  indexer,  which 
office  is  hereby  created,  at  a  salary  of  seventy-five  dollars  jier  month, 
for  four  months  in  each  year,  whose  duty  it  shall  bo.  under  the  direc- 
tion of  the  tax  collector,  to  compile  an  index  of  the  asse>^sment-rolls 
of  the  county,  and  of  the  assessment-rolls  of  each  sanitary  district, 
said  index  to  be  a  public  record,  and  to  be  kept  in  the  office  of  the 
tax  collector  for  public  use.  Said  clerk  and  indexer  to  be  paid  by  the 
county  in  monthly  installments,  at  the  same  time,  and  in  the  same  man- 
ner, and  out  of  the  same  fund  as  the  salary  of  the  tax  collector  is  paid. 

7.  The  assessor,  four  thousand  dollars  per  annum.  He  shall  have 
for  use  in  his  office  and  under  his  supervision  and  control  a  draftsman, 
which  oflice  of  draftsman  is  hereby,  by  the  terms  of  this  act,  expressly 
created  and  whose  duty  it  shall  be  to,  under  the  suj>ervision  and  con- 
trol of  the  assessor,  prepare  for  use  in  said  office  proper  books,  blanks, 
maps  and  plat  books;  the  said  position  of  draftsman  to  be  filled  by 
the  assessor  in  the  same  manner  as  deputies  are  appointed  by  him,  and 
said  draftsman  is  to  be  at  all  times  as  to  his  duties  under  the  super- 


713  POLITICAL    CODE.  §  4249 

vision  and  control  of  said  assessor,  the  same  as  deputies  of  such  asses- 
sor are  under  his  supervision  and  control,  which  said  draftpman  shall 
receive  a  salary  of  nine  hundred  dollars  per  annum.  Said  salary  to 
be  paid  by  the  county  in  monthly  installments,  at  the  same  time,  and 
in  the  same  manner,  and  out  of  the  same  fund  as  the  salary  of  the 
assessor  is  paid. 

8.  The  district  attorney,  two  thousand  four  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  two  thousand  one  hundred  dollars 
per  annum,  and  actual  traveling  expenses,  when  visiting  the  schools  of 
the  county. 

12.  The  surveyor  shall  receive  one  thousand  six  hundred  dollars  per 
annum  for  all  work  performed  for  the  county,  and,  in  addition  thereto, 
actual  traveling  and  other  necessary  expenses  incurred  in  ccunection 
with  field  work;  provided,  that  whenever  the  surveyor  is  directed  by 
the  assessor  to  plat,  trace  or  otherwise  prepare  maps,  plats  or  block- 
books  for  the  use  of  the  county  assessor,  he  shall  be  allowed  only  the 
actual  cost  of  preparing  the  same. 

13.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries, 
to  be  paid  each  month  as  salaries  of  the  county  officers  are  paid,  which 
shall  be  in  full  for  all  services  rendered  by  them  in  criminal  cases.  In 
townships  having  a  population  of  three  thousand  five  hundred  or  more, 
seventy-five  dollars  per  month.  In  townships  having  a  population  of 
not  less  than  two  thousand  nor  more  than  three  thousand  five  hundred, 
seventy  dollars  per  month.  In  townships  having  a  population  of  not 
less  than  twelve  hundred  nor  more  than  two  thousand,  Mty  dollars  per 
month.  In  all  townships  having  a  population  of  less  than  twelve  hun- 
dred, twenty-five  dollars  per  month:  In  addition  to  the  above  salary 
each  justice  of  the  peace  shall  collect  and  retain  for  his  own  use  and 
benefit  in  civil  cases,  such  fees  as  are  now  or  may  be  hereafter  al- 
lowed by  law,  and  shall  also  collect  and  retain  for  his  own  use  such 
fees  as  are  now  or  may  be  hereafter  allowed  by  law  for  services  ren- 
dered by  him  as  coroner,  when  acting  as  such. 

14.  Constables  shall  receive  the  following  monthly  salaries,  to  be 
paid  each  month  as  salaries  of  the  county  officers  are  paid,  which  shall 
be  in  full  for  all  services  rendered  by  them  in  criminal  cases:  In  town- 
ships having  a  population  of  three  thousand  five  hundred  or  more, 
seventy-five  dollars  per  month.  In  townships  having  a  population  of 
not  less  than  two  thousand  nor  more  than  three  thousand  five  hundred, 
seventy  dollars  per  month.  In  townships  having  a  population  of  not 
less  than  twelve  hundred  nor  more  than  two  thousand,  fifty  dollars  per 
month.  In  all  townships  having  a  population  of  less  than  twelve  hun- 
dred, twenty-five  dollars  per  month.  In  addition  to  the  monthly  salary 
allowed  herein,  each  constable  may  collect  and  retain  for  his  own  use 


§4249  POLITICAL   CODE.  71  i 

such  fees  as  are  now  or  may  be  hereafter  allowed  by  law  for  all  ser- 
vices performed  by  him  in  civil  actions;  and  he  shall  also  be  allowed 
his  actual  and  necessary  expenses  incurred  in  executing  any  warrant 
outside  of  his  county  issued  by  a  magistrate  or  justice  of  his  county. 
Constables  shall  also  be  allowed  all  necessary  expenses  actually  incurred 
in  arresting  and  conveying  prisoners  to  the  county  jail,  which  said  ex- 
penses shall  be  audited  and  allowed  by  the  board  of  supervisors,  and 
paid  out  of  the  county  treasury. 

15.  Each  member  of  the  board  of  education  shall  receive  five  dollars 
per  day  as  compensation  for  his  services  when  in  actual  attendance  upon 
said  board,  and  mileage  at  the  rate  of  twenty-five  cents  per  mile  one 
way  only,  from  his  residence  to  the  place  of  meeting  of  said  board. 
Secretary  of  said  board  of  education  shall  receive  five  dollars  per  day 
for  his  services  for  the  actual  time  that  the  board  may  be  in  session. 
Said  compensation  of  the  members  of  said  board,  and  of  said  secretary, 
shall  be  paid  out  of  the  same  fund  as  the  salary  of  the  superintendent 
of  schools  is  paid.  Claims  for  such  services  and  mileage  shall  be  pre- 
sented to  the  board  of  supervisors,  and  shall  be  allowed  at  the  rate 
above  named,  in  the  same  manner  as  other  claims  against  the  county 
are  allowed.  The  compensation  of  the  members  of  the  county  board 
of  education  herein  provided  is  not  in  addition  to  that  provided  in  sec- 
tion 1770  of  this  code. 

16.  Each  supervisor,  twelve  hundred  dollars  per  annum,  and  twenty 
cents  per  mile  for  traveling  from  his  residence  to  the  county  seat;  pro- 
vided, that  when  a  supervisor  is  also  road  commissioner  he  .«hall  receive 
in  addition  to  the  twenty  cents  per  mile  allowed  to  him  by  law  as  such 
road  commissioner  his  actual  traveling  expenses,  the  total  mileage  and 
expenses  not  in  any  one  year  to  exceed  the  sum  of  three  hundred  dollars 

17.  In  counties  of  this  class,  grand  jurors  and  trial  jurors  in  the 
superior  court  shall  each  receive  for  each  day's  attendance,  per  day, 
the  sum  of  three  dollars,  and  for  each  mile  actually  and  necessarily 
traveled  from  their  residence  to  the  county  seat,  in  going  only,  per 
mile,  the  sum  of  fifteen  cents;  such  mileage  to  be  allowed  but  once 
during  each  session  such  jurors  .are  required  to  attend. 

18.  It  shall  be  the  duty  of  the  grand  jury  annually  to  make  a  care- 
ful and  complete  examination  of  the  books,  records,  and  accounts  of  all 
the  officers  of  the  county  and  especially  those  pertaining  to  the  revenue, 
and  report  as  to  the  facts  they  have  found,  with  such  recommendation 
as  they  may  deem  proper  and  fit;  and  if,  in  their  judgment,  the  service 
of  an  expert  is  necessary  they  shall  have  power  to  employ  one,  at  an 
agreed  compensation,  not  to  exceed  ten  dollars  per  day,  payable  as  other 
county  charges.  The  judge,  on  imiianelmont  of  such  grand  jury,  shall 
charge  them  specially  as  to  their  duties  regarding  the  examination  of 
the  accounts  of  county  officials,  as  heroin  required;  provided,  that  if 
any  grand  jury  shall,  in  the  report  above  mentioned,  comment  upon  any 
person  or  official  who  has  not  been  indiited  by  the  said  grand  jury, 
the  said  comments  shall  not  be  deemed  to  be  privileged. 


715  POLITICAL    CODE.  §  4250 

19.  Justices  of  the  peace  shall  be  allowed  for  their  office  rent  and 
expenses,  the  sum  of  fifteen  dollars  each,  per  month,  in  addition  to  the 
monthly  salaries  herein  allowed.  Each  justice  of  the  peace  must  pay 
into  the  county  treasury  monthly  all  fees  and  fines  collected  by  him 
in  criminal  cases;  and  he  must  keep  a  book  open  for  the  inspection  of 
the  public,  during  office  hours,  in  which  must  be  entered  at  once  and  in 
detail  the  amount  of  all  fines  collected  by  him  in  criminal  cases.  The 
auditor  must  withhold  warrants  for  salary  until  a  sworn  statement  has 
been  filed  with  him  of  all  criminal  cases  tried  and  fines  collected  and 
paid  into  the  county  treasury.  [Amendment  approved  April  19,  1911; 
Stats.  1911,  p.  945.] 

There  was  another  §  4249  adopted  at  the  same  session  of  the  legislature.      See 
Stats.   1911,  p.   179. 

Counties,  twenty-first  class — Santa  Cruz.     Salaries  of  officers. 

§  4250.  In  counties  of  the  twenty-first  class  the  county  and  town- 
ship officers  shall  receive,  as  full  compensation  for  the  services  required 
of  them  by  law  or  by  virtue  of  their  offices,  the  following  fees  and 
salaries: 

County  clerk, 

1.  County  clerk,  three  thousand  five  hundred  dollars  per  annum,  and 
shall  receive  in  addition  the  sum  of  six  hundred  dollars  a  year  for 
every  year  that  an  election  is  held  throughout  the  state  of  California; 
he  also  shall  receive  in  addition  the  sura  of  ten  cenfs  per  name  for  each 
voter  registered  in  the  county  of  Santa  Cruz,  which  shall  be  in  full 
for  all  services  required  in  registering  voters  and  making  up  the  great 
register,  and  the  performing  of  all  other  acts  incident  to  or  pertaining 
to  elections;  provided,  that  in  counties  of  this  class  there  shall  be  and 
is  hereby  allowed  to  the  county  clerk  one  copyist  and  index  clerk 
who  shall  be  appointed  by  the  county  clerk  and  who  shall  be  paid  a 
salary  of  nine  hundred  dollars  per  annum,  and  whose  salary  shall  be 
paid  in  monthly  installments  in  the  same  manner  and  out  of  the  same 
fund  as  the  salary  of  the  county  clerk  is  paid. 

Sheriff. 

2.  Sheriff  three  thousand  dollars  per  annum;  provided,  that  there 
shall  be  and  there  is  hereby  allowed  to  said  sheriff  an  under-sheriff 
who  shall  receive  a  salary  of  twelve  hundred  dollars  per  annum  and 
one  deputy  sheriff,  who  shall  also  act  as  night  jailer,  at  a  salary  of 
five  hundred  dollars  per  annum;  the  said  under-sheriff  and  the  said 
deputy  to  be  appointed  by  the  sheriff  and  the  salaries  of  which  shall 
be  paid  by  the  county  in  monthly  installments  at  the  same  time  and 
in  the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the 
sheriff  is  paid;  and  provided,  further,  that  in  addition  thereto,  the 
sheriff'  shall  receive  and  retain  for  his  own  use  and  benefit  all  of  the 
fees,  per  diem,  mileage  and  expenses  which  are  now  or  which  may  here 
after  be  allowed  by  law,  and  the  fees  and  commissions  for  the  service 


§  4250  ,    POLITICAL    CODE.  716 

of   all  papers   whatsoever   issued   by   any   court   in   the   state   outside   of 
Santa   Cruz  county. 

Becorder. 

8.  The  recorder,  twenty-four  hundred  dollars  per  annum;  provided, 
however,  that  in  counties  of  this  class  the  recorder  shall  be  entitled 
to  the  actual  cost  incurred  by  him  for  the  recording  of  all  papers  and 
documents  in  his  office  not  exceeding  seven  cents  per  folio  for  each 
paper  or  document  so  recorded;  provided,  further,  t'hat  said  recorder 
shall  file  monthly,  with  the  county  auditor,  a  verified  statement  show- 
ing in  detail  the  persons  and  the  amounts  paid  to  each  for  such  record- 
ing. 

Auditor. 

4.  The  auditor,  two  thousand  seven  hundred  and  fifty  dollars  per 
annum.  , 

Treasurer. 

.5.  The  treasurer,  «wenty-four  hundred   dollars   per  annum. 

Tax  collector. 

t).  The  tax  collector,  twenty-seven  hundred  and  fifty  dollars  per 
annum;  provided,  that  in  lieu  of  the  clerk  now  allowed  this  offire 
for  six  months  during  each  year,  the  said  tax  collector  is  hereby 
allowed  one  dcjtuty  for  the  entire  year  who  shall  receive  a  salary  of 
nine  hundred  dollars  per  annum;  said  salary  to  be  paid  by  the  county 
in  monthly  installments  at  the  same  time  and  in  the  same  manner  and 
out  of  the  same  fund  as  the  salary  of  the  tax  collector  is  paid.  The 
provisions  herein  applying  to  the  appointment  and  the  salary  of  said 
deputy  shall  go   into   effect  ninety  days  after  the  approval  of  this  act. 

Assessor. 

7.  The  assessor,  three  thousand  dollars  per  annum;  provided,  that  in 
addition  the  assessor  shall  be  allowed  one  office  deputy  at  nine  hundred 
dollars  per  annum;  one  draftsman  at  twelve  hundred  dollars  per 
annum;  one  deputy  for  five  months  in  the  year  at  cne  hundred  dollars 
per  rtionth;  one  cojivist  tor  five  months  in  the  year  at  forty  dollars  per 
month;  one  deputy  for  five  months  in  the  year  at  one  hundred  «lollar;j 
per  month;  one  deputy  for  throe  months  in  the  year  at  one  humlroil 
dollars  per  month,  and  one  deputy  for  four  months  in  the  year  at 
one  hundred  dollars  per  month;  and  provideil.  further,  that  all  of  said 
deputies,  clerks  and  draftsmen,  heroin  provided  for,  shall  be  appointed 
by  the  assessor  and  shall  be  paid  by  the  county  in  monthly  install 
ments  at  the  same  time  and  in  the  same  manner  and  out  of  the  same 
fund  as  the  salary  of  the  assessor  is  paid. 

District  attorney. 

8.  The  district  attorney,  two  thousand  dollars  per  annum,  and  one 
deputy  for  the  district  attorney  is  hereby  provided  for  at  the  discre- 
tion of  the  board  of  supervisors  expressed  by  resolution. 


717  POLITICAL    CODE.  §  4250 

Coroucr. 

!).  'I'lie  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by   law. 

Public   administrator. 

]ii.  The  puhlie  administrator,  such  fees  as  are  now  or  may  be  here- 
after  allowed    by   law 

Superintendent  of  schools. 

11.  The  superintendent  of  schools,  eighteen  hundred  dollars  per 
annum,  and  actual  traveling  expense;  when  visiting  the  schools  of  his 
county;  provided,  that  in  counties  of  this  class  there  shall  be  and 
there  is  hereby  allowed  to  the  superintendent  of  schools,  a  clerk   which 

,  office  is  hereby  created,  at  a  salary  of  fifty  dollars  per  month,  and  who 
shall  be  appointed  by  the  superintendent  of  schools.  The  salary  of 
j  said  clerk  herein  provideil  for  shall  be  paid  by  said  county  in  monthly 
I  installments  at  the  same  time  and  in  the  same  manner  and  out  of  the 
'     same  fund  as  the  salary  of  the  superintendent  of  schools  is  paid. 

Surveyor. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by   law. 

Supervisors. 

18.  Board  of  supervisors,  each  member  of  the  board  of  supervisors 
one   hundred  dollars   per  mouth   and   no   mileage. 

Judicial  townships,  how  classified. 

14.  For  the  purpose  of  regulating  the  compensation  of  justices  of 
the  peace  and  con3tables,  judicial  townships  in  this  class  of  counties 
are  hereby  classified  according  to  their  population  as  follows:  Town- 
ships containing  a  population  of  ten  thousand  or  more  shall  belong  to 
and  be  known  as  townships  of  the  first  class;  townships  containing  a 
population  of  less  than  ten  thousand  and  more  than  six  thousand  shall 
belong  to  and  be  known  as  townships  of  the  second  class;  townships 
containing  a  population  of  less  than  six  thousand  and  more  than  four 
thousand  shall  belong  to  and  be  known  as  townships  of  the  third  class; 
townships  containing  a  population  of  less  than  four  thousand  and  more 
than  two  thousand  shall  belong  to  and  be  known  as  townships  of  the 
fourth  class;  tow^nships  containing  a  population  of  less  than  two  thou- 
sand shall  belong  to  and  be  known  as  townships  of  the  fifth  class;  the 
population  of  the  several  judicial  townships  shall  be  determined  for  the 
purpose  of  this  and  the  succeeding  subdivisions  by  multiplying  by  three 
the  total  number  of  names  registered  as  voters  in  such  townships  as 
shown  by  the  complete  index  to  great  register  as  compiled  and  certified 
by  the  county  clerk  of  said  class   of  counties  in  October,  A.  D.   1912. 

Justices  of  the  peace. 

15.  -Justices  of  the  peace  shall  receive  the  following  salaries  which 
shall   be   paid   monthly   in   the   same   manner   as   the   salaries   of   county 


§  4250  POLITICAL   CODE.  718 

oflScers  are  paid,  out  of  the  salary  fund  of  the  county,  which  shall  be 
in  full  for  all  services  rendered  by  them  in  criminal  cases;  provided, 
however,  that  if  two  justices  of  the  peace  shall  be  elected  and  qualify 
in  any  one  township,  then  the  said  justices  shall  ea^'h  receive  one-half 
of  the  salaries  therein  provided  for,  to  wit:  in  townships  of  the  first 
class,  one  hii^idrcd  dollars  per  month;  in  townships  of  the  second  class, 
sixty-five  dollars  per  month;  in  townships  of  the  third  class,  forty  dol- 
lars per  month;  in  townships  of  the  fourth  class,  twenty-five  dollars  per 
month;  in  townships  of  the  fifth  class,  fifteen  dollars  per  month.  In 
addition  to  the  monthly  salaries  herein  allowed,  each  justice  may 
receive  and  retain  for  his  own  use,  such  fees  as  are  now  or  may  here 
after  be  allowed  by  law  for  services  rendered  by  him  in  civil  cases. 
Justices  of  the  peace  in  the  first  and  second  classes  shall  be  allowed 
their  actual  office  rent,  not  to  exceed  the  sum  of  fifteen  dollars  each, 
for  any  one  month. 

Constables. 

15J.  Constables  shall  receive  the  following  fees  and  salaries  which  shall 
be  paid  monthly  in  the  same  manner  as  the  salaries  of  the  county 
otiicers  are  paid,  out  of  the  salary  fund  of  the  county,  which  shall 
be  in  full  for  all  services  rendered  by  them  in  criminal  cases,  to  wit: 
in  fownships  of  the  first  class,  forty  dollars  per  month;  in  townships 
of  the  sccoml  class,  forty  dollars  per  month;  in  townships  of  the  third 
class,  forty  dollars  jier  month;  in  townshii)s  of  the  fourth  class,  twenty- 
five  dollars  per  month;  in  townshifis  of  the  fifth  class,  fifteen  dollars 
per  month;  provided,  that  in  addition  to  the  salaries  herein  allowi  1. 
each  constable  shall  be  paid  out  of  the  general  fund  of  the  county  f-r 
traveling  expenses  outside  of  his  own  township,  for  the  service  of  a 
warrant  of  arrest,  or  any  other  process  in  a  criminal  case  (where  such 
service  is  in  fact  made),  both  going  and  returning,  ten  cents  per  mile-: 
for  each  mile  traveled  outside  of  his  county,  both  going  to  and  rctur- 
ing  from  the  place  of  arrest,  or  other  service  of  process,  five  cents  jh  r 
mile;  for  transporting  prisoners  to  the  county  jail,  a  constable  shall  be 
allowed  his  actual  expenses  each  way.  In  addition  to  the  monthly 
salaries  herein  allowed,  each  constable  may  receive  and  retain  for  his 
own  use,  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law  for 
services  rendered  by  him  in  civil  cases. 

Reporter. 

Hi.  The  official  reporter  of  the  superior  court  shall  receive  the  fees 
allowed    by    law. 

Salaries,  full  compensation. 

17.  In  fixing  the  compensation  of  the  above-named  officers  in  the 
amounts  hereinabove  specified,  it  is  hereby  expressly  provided  that  the 
salaries  and  foes  above  provided  shall  be  in  full  compensation  of  all 
services  of  every  kind  and  description  rendered  by  the  officers  name<l 
herein,  either  as  officers   or  ex-officio   officers,  their   deputies  and   assist- 


719  POLITICAL  CODE.        ^  4250a,  4251 

ants,  and  it  is  hereby  further  expressly  provided  that  all  of  the  fees, 
coinmissioners,  per  diem  and  expenses  provided  for  in  section  4290  of  the 
Political  Code  of  the  state  of  California,  and  all  other  moneys  coming  into 
the  hands  of  the  county  and  township  officers,  no  matter  from  what  source 
derived  or  received,  shall  belong  to  and  be  the  property  of  the  county  of 
Santa  Cruz  and  shall  be  paid  into  the  county  treasury  by  said  officer  at  the 
same  time  and  in  the  same  manner  that  other  moneys  are  required  by  law 
to  be  paid  into  the  county  treasury  by  him,  save  and  except,  liowever,  that 
the  provisions  of  this  subdivision  shall  not  apply  to  the  offices  of  sheriff, 
recorder,  district  attorney  and  superintendent  of  schools,  and  they  are 
expressly  exempted  from  the  provision's  of  this  subdivision,  and  as  to 
said  offices  herein  last  named,  to  wit:  sheriff,  recorder,  district  attor- 
ney, and  superintendent  of  schools,  they  shall  receive  the  salaries,  fees, 
and  commissions  provided  for  by  law,  and  as  provided  for  in  sub- 
divisions 2,  3,  8  and  11  of  this  act. 

Effective  first  Monday  in  January,  1915. 

18.  This  act  shall  not  become  operative  nor  take  effect  until  the 
present  terms  of  the  above  named  officers  expire;  it  being  the  inten- 
tion of  this  act  to  have  the  salaries  and  fees  hereinabove  mentioned 
become  effective  at  the  commencement  of  the  next  term  of  office,  to 
wit:  the  first  Monday  in  January  in  the  year  nineteen  hundred  and 
fifteen,  except  as  herein  otherwise  provided.  [Amendments  approved 
June  16,  1913;  Stats.  1913,  p.  1181.     In  effect  January  4,  1915.] 

Also   amended   February   28,    1911    (Stats.   1911,   p.   181),  and   April   21,   1911 

(Stats.   1911,   p.   954). 

Jurors'  per  diem  and  mileage. 

§  4250a.      [Repealed   February   28,   1911;    Stats.   1911,   p.   2.53.] 

This  section  was  also  repealed  by  §  2  of  the  act  of  April  2,  1911  (Stats.  1911, 
p.  1151).  It  may  be  observed  that  while  this  section  was  repealed  in  the  body 
of  this  act,  no  mention  of  the   repeal  was  made   in   the   title. 

Counties,  twenty-second  class — Marin.     Salaries  of  officers. 

§  4251.  In  counties  of  the  twenty-second  class  the  county  officers 
shall  receive,  as  compensation  for  the  services  required  of  them  by  law 
or  by  virtue  of  their  offices,  the  following  salaries,  to  wit: 

County  clerk. 

1.  The  county  clerk,  twenty-five  hundred  dollars  per  annum,  and  when 
a  new  register  of  voters  is  required  by  law  to  be  made,  he  shall  receive 
in  addition,  fifteen  cents  per  name  for  each  voter  registered,  which  shall 
be  in  full  for  all  services  required  in  registering  voters  and  making  the 
great  register;  provided,  that  in  counties  of  this  class  there  shall  be  and 
is  hereby  allowed  to  the  county  clerk,  one  deputy,  who  shall  be  ap- 
pointed by  said  county  clerk,  who  shall  be  paid  a  salary  of  one  hundred 
dollars  per  month,  and  one  deputy  who  shall  be  appointed  by  said  county 


§  4251  POLITICAL   CODE.  72u 

clerk,  who  shall  be  paid  a  salary  of  seventy-five  dollars  per  month,  said 
salaries  of  said  deputies  to  be  paid  by  said  county  monthly  at  the  same 
time  and  in  the  same  manner  and  out  of  the  same  fund,  as  the  salary  of 
the   county   clerk   is   paid. 

Sheriff. 

2.  The  sheriff,  four  thousand  five  hundred  dollars  per  annum;  and  also 
all  fees  for  service  of  papers  in  actions  arising  out  of  his  couuty;  pro- 
vided, that  in  counties  of  this  class  there  shall  be  and  is  hereby  allowed 
to  the  sheriff  a  deputy,  who  shall  be  appointed  by  said  sheriff,  who  shall 
be  paid  a  salary  of  one  hundred  dollars  per  month,  said  salary  to  be  paid 
by  said  county  monthly  at  the  same  time  and  in  the  same  manner  and 
out  of  the  same  fund  as  the  salary  of  the  sheriff  is  paid. 

Recorder. 

3.  The  recorder,  twenty-five  hundred  dollars  per  annum;  provided,  that 
in  counties  of  this  class  tlicre  shall  be  and  is  hereby  allowed  to  the 
recorder,  one  deputy,  who  shall  be  appointed  by  said  recorder,  who  shall 
be  paid  a  salary  of  seventy-five  dollars  per  month,  and  two  copyists,  who 
shall  be  ajipointeil  by  said  recorder,  who  shall  each  be  paid  a  salary  "t 
fifty  dollars  per  month,  said  salaries  of  said  deputies  and  of  said  copyist 
to  be  paid  by  said  couuty  montlily  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  fund,  as  the  salary  of  the  recorder  is  paid. 

Auditor. 

4.  The  auditor,  two  thousand  four  hundred  dollars  per  annum;  pro- 
vided, that  in  counties  of  tliis  class  there  shall  be  and  is  hereby  allowed 
to  the  auditor  a  deputy  who  shall  be  appointed  by  said  auditor,  who 
shall  be  paid  a  salary  of  one  hundred  dollars  j)er  month,  said  salary  of 
said  deputy  to  be  paid  by  said  county  monthly  at  the  same  time  and  in 
the  same  manner  and  out  of  the  same  fund,  as  the  salary  of  the  audit'  r 
is   paid. 

Treasurer. 

5.  The   treasurer,   three   tliMiwui.l    dollars   per  annum. 

Tax  collector. 

(i.  The  tax  collector,  two  thousand  five  hundred  dollars  per  annum; 
provided,  that  in  counties  of  this  class  there  shall  be  and  is  hercl'V 
allowed  to  the  tax  collector,  a  (Icjiuty,  who  shall  be  appointed  by  said 
tax  collector,  who  shall  be  ]iaid  a  salary  of  one  hundred  dollars  jier 
month,  said  salary  to  be  paid  by  said  county  monthly  at  the  same  time 
and  in  the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the 
tax  collector  is  paid;  provided,  further,  that  in  counties  of  this  class 
there  shall  be  and  is  hereby  allowed  to  the  tax  collector  a  copyist  for 
the  period  of  time  embraced  between  the  first  day  of  August  and  the 
31st  day  of  December  in  each  fiscal  year,  and  also  for  the  period  of  time 
embraced   between   the  first   day  of   April  and   the  first   day  of  June   in 


721  POLITICAL   CODE.  §  4251 

each  fiscal  year.  Said  copyist  shall  be  appointed  by  said  tax  collector, 
and  shall  be  paid  a  salary  of  fifty  dollars  per  month  during  the  period 
of  time  said  copyist  shall  be  employed,  to  be  paid  by  said  county  monthly 
at  the  same  tiirie  and  in  the  same  manner  and  out  of  the  same  fund  as 
the  salary  of  tiic  tax  collector  is  paid. 

Assessor. 

7.  The  assessor,  four  thousand  dollars  per  annum,  and  also  such  fees 
and  commissions  as  are  allowed  by  law;  provided,  however,  that  from 
and  after  the  first  day  of  .lanuary,  1915,  in  counties  of  this  class  the 
assessor  shall  receive  no  commission  or  compensation  for  the  collection  of 
poll  tax  or  road  poll  tax;  provided,  that  in  counties  of  this  class  there 
shall  be  and  is  hereby  alloMed  to  the  assessor,  a  deputy,  who  shall  be 
appointed  by  said  assessor,  who  shall  be  paid  a  salary  of  one  hundred 
dollars  per  month,  to  be  paid  by  said  county  monthly  at  the  same  time 
and  in  the  same  manner  and  out  of  the  same  fund,  as  the  salary  of  the 
assessor  is  paid;  and  provided,  further,  that  in  counties  of  this  class 
there  shall  be  and  is  hereby  allowed  to  the  assessor,  a  copyist  for  the 
period  of  time  embraced  between  the  first  day  of  .January  and  the  first 
day  of  October  in  each  fiscal  year,  who  shall  be  appointed  by  said 
assessor,  who  shall  be  paid  a  salary  of  seventy-five  dollars  per  month, 
said  salary  to  be  paid  by  said  county  monthly  during  the  period  of 
time  said  copyist  shall  be  employed,  at  the  same  time,  and  in  the  same 
manner  and  out  of  the  same  fund  as  the  salary  of  the  assessor  is  paid. 

District  attorney. 

8.  The  district   attorney,  twenty-four  hundred  dollars  per  annum. 

Superintendent  of  schools. 

9.  The  superintendent  of  schools,  twenty-four  hundred  dollars  per 
annum  and  actual  traveling  expenses,  when  visiting  schools  of  his  county; 
provided,  that  in  counties  of  this  class  there  shaU  be  and  is  hereby 
allowed  to  the  superintendent  of  schools,  a  deputy,  who  shall  be  ap- 
pointed by  said  superintendent  of  schools,  and  who  shall  be  paid  a  salary 
of  fifty  dollars  per  month,  to  be  paid  by  said  county  monthly,  at  the 
same  time  and  in  the  same  manner  and  out  of  the  same  fund,  as  the 
salary  of  the  superintendent  of  schools  is  paid. 

Coroner. 

10.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

Public  administrator. 

11.  The  public  administrator  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

Surveyor. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

46 


§  4252  POLITICAL   CODE.  722 

Justices  of  the  peace. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereaftef 
allowed  by  law. 

Constables. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law,  and  in  addition  thereto  three  dollars  per  day  for  each  day's  actual 
attendance  in  court  during  a  jury  trial  therein  or  preliminary  examina- 
tion for  felony;  provided,  that  no  constable  shall  receive  more  than 
three  dollars  for  any  one  day's  attendance  on  any  court. 

Supervisors. 

15.  Each  member  of  the  board  of  supervisors,  fifty  dollars  per  month 
and  mileage  at  the  rate  of  ten  cents  per  mile  for  traveling  to  and  from 
his  residence  to  the  county  seat;  and  also  mileage  for  his  services  as 
road  commissioner  at  the  rate  of  twenty  cents  per  mile  one  way,  for  all 
distances  actually  traveled  in  the  discharge  of  his  duties  as  such  road 
commissioner;  provided,  that  such  mileage  as  road  commissioner  shall 
not  in  any  one  year  exceed  the  sum  of  three  hundred  dollars. 

Board  of  education. 

16.  Each  member  of  the  board  of  education  including  the  secretary, 
five  dollars  jier  day  when  the  board  is  in  session,  and  ten  cents  per  nii.f 
for  traveling  to  and  from  his  or  her  residence  to  the  county  seat  at  ea^  h 
session,  unless  otherwise  provided  for  bv  law.  [Amendment  approvod 
June   16,   191.3;   Stats.   1913,   p.    1265.] 

Also    nmended    February    28,    1911    (Stats.    1911.    p.    184),    and    April    29,    1911 
(Stats.    1911,  p.    1228). 

Counties,  twenty-third  class — Monterey.     Salaries  of  officers. 

§  4252.  In  counties  of  the  twcnty-tliird  class,  the  county  and  town 
sliip  ofiicers  shall  receive  as  coinj>ensation  for  services  required  of  tin:" 
by  law,  or  by  virtue  of  their  office,  the  following  salaries,  to  wit: 

County  clerk. 

1.  The  county  clerk,  three  thousand  dollars  per  annum;  provided,  tlmt 
he  shall  have  power  to  appoint  one  deputy,  which  office  is  hereby  ere 
ated,  at  a  salary  of  twelve  hundred  dollars  per  annum,  payable  at  the 
same  time  and  in  the  same  manner  as  that  of  other  county  officers;  and 
further  provided,  that  he  shall  have  power  to  appoint  one  deputy,  whiph 
office  is  hereby  created,  at  a  salary  of  nine  hundred  dollars  per  annum, 
payable  at  the  same  time  and  in  the  same  manner  as  that  of  othrr 
county  officers;  and  further  provided,  that  in  any  year  that  the  com 
pilation  of  a  great  register  is  required  by  law  to  be  made  he  shall  receive 
six  hundred  dollars  additional  for  said  year,  which  shall  be  in  full  for 
all  services  required  in  registering  voters  and  making  such  new  great 
register.  The  county  clerk  shall  also  receive  and  retain  for  his  own 
use  and  benefit,  fees  and  commissions  which  now  are,  or  which  may 
hereafter  be  allowed  bv  law. 


723  POLITICAL  CODE.  §  4252 

Sheriff. 

2.  The  sheriflF,  three  thousand  and  five  hundred  dollars  per  annum; 
provided,  that  he  shall  have  power  to  appoint  two  (2)  deputies,  which 
offices  are  hereby  created,  one  at  a  salary  of  twelve  hundred  dollars  per 
annum,  and  one  at  a  salary  of  nine  hundred  dollars  per  annum,  payable 
at  the  same  time  and  in  the  same  manner  as  that  of  other  county  offi- 
cers. The  sheriff  shall  also  receive  and  retain  for  his  own  use  and  ben- 
efit,  all   the   fees   or   commissions   and    mileage    which   are    now    or   may 

.  hereafter  be  allowed  by  law,  for  the  service  of  all  papers  issued  in  civil 
cases,  by  any  court  of  tiiis  state,  and  also  all  expenses  actually  paid 
by  him  in  the  pursuit  of  criminals,  or  in  the  transacting  of  criminal 
business  within  his  county. 

Recorder. 

3.  The  recorder,  three  thousand  and  six  hundred  dollars  per  annum; 
!  provided,  that  he  shall  have  the  power  to  appoint  one  deputy,  which 
I    office  is  hereby  created,  at  a  salary  of  nine  hundred  dollars  per  annum, 

payable  at  the  same  time  and  iu  the  same  manner  as  that  of  other  county 
officers. 

Auditor. 

4.  The  county  auditor,  two  thousand  and  four  hundred  dollars;'  pro- 
vided,  that  he  shall   have  the  power  to   appoint   one    (1)    deputy,  which 

;  office  is  hereby  created,  at  a  salary  of  nine  hundred  dollars  per  annum, 
f  payable  at  the  same  time  and  in  the  same  manner  as  other  county 
f    officers. 

I    Treasurer. 

5.  The  treasurer,  two  thousand  and  four  hundred  dollars  per  annum; 
provided,  that  he  shall  have  power  to  appoint  one  deputy,  which  office 
is  herlby  created,  at  a  salary  of  nice  hundred  dollars  per  annum,  pay- 
able at  the  same  time  and  in  the  same  manner  as  that  of  other  county 
officers. 

Tax  collector. 

6.  The  tax  collector,  twenty-four  hundred  dollars  per  annum;  provided, 
he  shall  have  power  to  appoint  one  deputy,  which  office  is  hereby  created, 
at  a  salary  of  nine  hundred  dollars  per  annum,  payable  at  the  same  time 
and  in  the  same  manner  as  that  of  other  county  officers. 

Assessor. 

7.  The  assessor,  four  thousand  two  hundred  dollars  per  annum;  pro- 
vided, that  he  shall  have  power  to  appoint  one  deputy,  which  office  is 
herebj'  created,  at  a  salary  of  nine  hundred  dollars  per  annum,  payable 
at  the  same  time  and  in  the  same  manner  as  that  of  other  county  offi- 
cers; and  said  assessor  shall  also  receive  the  commissions  on  the  amount 
of  poll  and  personal  property  tax  as  is  provided  in  and  by  section  4290 
of  the  Political  Code  of  the  state  of  California. 


§  4252  POLITICAL   CODE.  724 

District  attorney. 

8.  The  district  attorney,  two  thousand  and  four  hundred  dollars  per 
annum,  and  his  actual  traveling  expenses  when  prosecuting  criminals 
within  the  county;  provided,  that  he  shall  have  power  to  appoint  two 
deputies,  which  offices  are  hereby  created,  one  at  a  salary  of  one  thou- 
sand two  hundred  dollars  and  one  at  a  salary  of  nine  hundred  dollars. 

Coroner. 

i).  The  coroner,  such  fees  as  are  now  or  may  hereinafter  be  allowed  by 
law. 

Public  administrator. 

10.  The  public  administrator  such  fees  as  are  now  or  may  hereinafter 
be  allowed  by  law. 

Superintendent  of  schools. 

11.  The  superintendent  of  schools  two  thousand  four  hundred  dollars 
per  annum,  and  his  actual  traveling  expenses  when  visiting  the  schools 
of  his  county;  provided,  that  he  shall  have  the  power  to  appoint  one 
deputy,  which  office  is  hereby  created,  at  a  salary  of  nine  hundred  dol- 
lars per  annum,  payable  at  the  same  time  and  in  the  same  manner,  as 
that  .of  other  county  officers,  but  he  shall  receive  no  extra  compensa- 
tion for  his  services  on  the  board  of  education,  or  otherwise. 

Surveyor. 

12.  The  surveyor,  one  thousand  three  hundred  dollars  per  annum,  for 
all  work  performed  for  the  county,  and  in  addition  tliereto,  his  actual 
necessary  traveling  expenses  incurred  in  connection  with  field  work  and 
cost  of  preparing  maps,  plats,  tracings,  etc.,  for  the  assessor  when  di- 
rected by   him. 

Justices  of  the  peace.  ' 

13.  The  justices  of  the  peace  shall  receive  the  following  monthly  sal- 
aries, to  be  paid  each  month  as  the  salaries  of  the  county  officers  are 
paid,  which  ."ihall  be  paid  in  full  for  all  services  rendered  by  them,  (1) 
in  townships  having  a  population  of  five  thousand  or  more,  one  hun- 
dred twenty-five  dollars  per  month;  provided,  that  where  there  is  now 
or  may  be  hereafter  created  in  such  township,  more  than  one  justice 
of  the  peace,  the  monthly  salary  of  said  two  justices  shall  each  be  one 
hundred  dollars  per  month;  (2)  in  townships  having  a  population  of 
twenty-five  hundred  and  less  than  five  thousand,  sixty-five  dollars  per 
month;  (3)  in  townsliips  having  a  population  of  fifteen  hundred  and 
less  than  twentj^-five  hundred,  fifty-five  dollars  per  month;  (4)  in  town- 
ships having  a  population  of  one  thousand  and  less  than  fifteen  liuu- 
dred,  forty-five  dollars  per  month;  (5)  in  townships  having  a  population 
of  five  hundred  and  less  than  one  thousand,  thirty-five  dollars  per 
month;  (6)  and  in  townships  having  a  population  of  less  than  five  hun- 
dred, thirty  dollars  per  month.  Each  justice  must  pay  into  the  county 
treasury  once  a  month  all  fees  and  fines  collected  by  him. 


725  POLITICAL   CODE.  §  4253 

Constables. 

14.  The  constable  shall  receive  the  following  salaries  to  be  paid  each 
month  as  salaries  of  the  county  officers  are  paid,  which  shall  be  in  full 
for  all  services  rendered  by  them  in  criminal  cases  and  in  all  other  crim- 
inal matters:  (1)  in  townships  having  a  population  of  five  thousand  or 
more,  seventy  dollars  per  month;  (2)  in  townships  having  a  population 
of  twenty-five  hundred,  and  less  than  five  thousand,  fifty  dollars  per 
month;  (3)  in  townships  having  a  population  of  fifteen  hundred  or  less 
than  twenty-five  hundred,  forty  dollars  per  month;  (4)  in  townships 
having  a  population  of  one  thousand  and  less  than  fifteen  hundred, 
thirty-five  dollars  per  month;  (5)  in  townships  having  a  population  of 
five  hundred  and  less  than  one  thousand,  thirty  dollars  per  month; 
(6)  in  townships  having  a  population  of  less  than  five  hundred,  twenty- 
five  dollars  per  month;  provided,  that  in  addition  to  the  salary  herein 
allowed,  each  constable  shall  be  paid  out  of  the  treasury  of  the  county 
for  traveling  expenses  in  his  own  district,  for  the  service  of  a  war- 
rant of  arrest  or  any  other  process  in  a  criminal  ease,  or  other  criminal 
matters  (when  such  service  is  in  fact,  made)  both  going  and  returning, 
ten  cents  per  mile;  for  each  mile  traveled  out  of  his  county,  both  going 
to  and  returning  from  the  place  of  arrest  in  the  service  of  process  five 
cents  per  mile,  and  for  transporting  persons  to  the  county  jail,  ten  cents 
per  mile  each  way.  In  addition  to  the  monthly  salary  allowed  him 
herein  each  constable  shall  receive  for  his  own  use.  the  fees  in  civil 
cases,   which   are   now   or   may   hereafter   be   allowed   by  law. 

Supenrisors. 

15.  The  supervisors,  each  the  sum  of  eight  dollars  per  day  for  actual 
services  rendered  (but  not  to  exceed  nine  hundred  dollars  per  annum) 
and  twenty  cents  per  mile  for  all  distances  actually  traveled,  in  the 
performance  of  his  duty  as  road  commissioner,  not  to  exceed  two  hundred 
dollars  per  annum,  together  with  mileage  at  the  rate  of  twenty  cents 
per  mile,  in  going  only,  from  his  place  of  residence  to  the  county  seat 
at  each  session  of  the  board. 

Population  of  judicial  townships,  how  ascertained. 

16.  For  the  purposes  of  subdivisions  13  and  14  of  this  section,  the 
population  of  several  judicial  townships  shall  be  ascertained  and  deter- 
mined by  the  board  of  supervisors  by  multiplying  by  three  and  one- 
half,  the  vote  cast  for  presidential  electors  in  each  township  at  the  next 
preceding  election  therefor.  [Amendment  approved  June  16,  1913; 
Stats.  1913,  p.  1207.] 

Also    amended   February    28,    1911    (Stats.    1911,    p.    186),    and   April    29,    1911 
(Stats.   1911,  p.  1225). 

Counties,  twenty-fourth   class — Mendocino.     Salaries  of  officers. 

§  4253.  In  counties  of  the  twenty-fourth  class  the  county  and  town- 
ship officers  shall  receive  as  compensation  for  the  services  required  of 
them  by  law  or  by  virtue  of  their  offices  the  following  salaries  and  fees 
to   wit: 


§  4253  POLITICAL  CODE.  726 

1.  The  county  clerk,  three  thousand  dollars  per  annum.  In  counties 
of  this  class  there  shall  be  and  there  is  hereby  allowed  to  the  county 
clerk  for  his  own  use  and  to  be  paid  out  of  the  countj'  treasury  monthly 
in  the  same  manner  as  salaries  of  other  county  officers  are  paid,  the 
sum  of  five  cents  for  the  name  of  each  defendant  entered  in  the  index 
•labeled  "General  Index — Defendants"  as  provided  in  subdivision  4 
of  section  4178;  and  the  further  sum  of  five  cents  for  each  document 
recorded  by  said  county  clerk  under  the  provisions  of  section  13S7  of 
the  Code  of  Civil  Procedure;  and  the  further  sum  of  five  cents  for  each 
name  contained  in  the  index  of  registration  books,  to  be  prepared  by 
said  clerk,  under  the  provisions  of  section  1115  of  this  code;  and  the 
further  sum  of  ten  cents  each  for  the  filing  and  indexing  of  proceedings 
in  coroner's  inquests. 

2.  The  sheriff,  four  thousand  dollars  per  annum.  The  board  of  super- 
visors shall  allow  to  the  sheriff  his  necessary  expenses  for  pursuing 
criminals,  or  transacting  any  criminal  business,  and  for  boarding  pris- 
oners in  the  county  .iail;  provided,  that  the  board  of  supervisors  shall 
fix  a  reasonable  price  at  which  such  prisoners  shall  be  boarded,  if 
not  otherwise  provided  for  in  this  title;  provided,  further,  that  the 
sheriff  shall  be  entitled  to  receive  and  retain  for  his  own  use,  five  dol- 
lars per  diem  for  conveying  prisoners  to  and  from  the  state  prisons, 
and  for  conveying  persons  to  and  from  the  insane  asylums,  or  other 
state  institutions  not  otherwise  provided  for  by  law;  also  all  expenses 
necessarily  incurred  in  conveying  insane  persons  to  and  from  the  in- 
sane asylum,  and  in  conveying  persons  to  and  from  the  state  prisons, 
or  other  state  institutions,  which  per  diem  and  expenses  shall  be  allowed 
by  the  board  of  examiners  and  collected  from  the  state.  The  court 
shall  also  allow  the  sheriff  his  necessary  expenses  in  keeping  and  pre- 
serving property  seized  on  attachment  or  executions,  to  be  paid  out  of 
the  fees  collected  in  the  action.  The  sheriff  may  also  retain  for  his 
own  use  the  mileage  allowed  by  law  for  the  service  of  all  papers  or 
process,  provided,  that  in  no  case  shall  the  sheriff  be  allowed  to  retain 
JPor  his  own  use  for  the  service  of  any  paper  or  process,  the  mileage  for 
more  than  ten  miles,  and  wlicn  more  than  one  paper  or  process  is  served 
at  the  same  time  or  on  the  same  trip,  he  shall  be  allowed  to  retain 
only  one  mileage.  Except  in  this  section  provided,  the  sheriff  shall 
receive  no  other  or  further  compensation  whatsoever. 

Recorder., 

3.  The  recorder,  two  thousand  one  hundred  dollars  per  annum. 

Auditor. 

4.  The   auditor,   two   thousand    four   hundred   dollars   per   annum. 

Treasurer. 

5.  The  treasurer,  two  thousand  dollars  per  annum. 

Tax  collector. 

6.  The  lax  collector  and  license  collector,  two  thousand  two  hundred 
dollars  per  annum. 


727  POLITICAL  CODE.  §  4253 

Assessor. 

7.  The  assessor,  three  thousand  dollars  per  annum. 

District  attorney. 

8.  The  district  attorney,  two  thousand  seven  hundred  dollars  per 
annum,  and  his  traveling,  office  and  other  expenses  in  criminal  matters 
and  cases,  and  in  civil  actions,  proceedings  and  all  other  matters  in 
which  the  county  is  interested,  incurred  by  him  in  the  performance  of 
his  duties;  and  all  the  expenses  incurred  by  him  in  the  detection  of 
crime  and  prosecution  of  criminal  cases  and  in  civil  actions  and  pro- 
ceedings and  all  other  matters  in  which  the  county  is  interested. 

Coroner. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

Public  administrator. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

Superintendent  of  schools. 

11.  The  superintendent  of  schools,  two  thousand  four  hundred  dol- 
lars per  annum  and  actual  traveling  expenses  when  visiting  the  schools 
of  his  county. 

Surveyor. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

Justices  of  the  peace. 

13.  Justices  of  the  peace,  the  following  monthly  salaries,  to  be  paid 
each  month,  as  salaries  of  county  officers  are  paid,  which  shall  be  in 
full  for  all  services  rendered  by  them  in  criminal  cases:  In  townships 
where  the  population  is  two  thousand  or  more,  forty  dollars  per  month; 
in  townships  where  the  population  is  one  thousand  and  less  than  two 
thousand,  thirty  dollars  per  month;  in  townships  where  the  population 
is  less  than  one  thousand,  twenty  dollars  per  month.  In  addition  to  the 
above  salaries,  each  justice  of  the  peace  maj'  collect,  for  his  own  use, 
in  civil  cases,  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law. 

Supervisors. 

14.  Each  member  of  the  board  of  supervisors,  six  hundred  dollars  per 
annum,  and  twenty  cents  per  mile  mileage  in  traveling  to  and  from 
his  residence  to  the  county  seat;  and  for  his  services  as  road  commis- 
sioner, he  shall  receive  twenty  cents  per  mile  for  all  distances  actually 
traveled  by  him  in  the  performance  of  his  duties  within  the  county; 
provided,  he  shall  not  in  any  one  year  receive  more  than  six  hundred 
dollars  as  such  road  commissioner. 


§  4253  POLITICAL   CODE.  728 « 

Constables. 

15.  Constables,  the  following  monthly  salaries  to  be  paid  each  month 
as  the  salaries  of  county  officers  ara  .paid,  which  shall  be  in  full  for  all 
services  rendered  by  them  in  criminal  cases,  except  as  in  this  subdivision 
provided:  In  townships  where  the  population  is  two  thousand  or  more, 
forty  dollars  per  month;  in  townships  where  the  population  is  one  thou- 
sand and  less  than  two  thousand,  thirty  dollars  per  month;  in  town- 
ships where  the  population  is  less  than  one  thousand,  twenty  dollars 
per  month.  In  addition  to  the  monthly  salary  allowed  herein,  each 
constable  may  receive  and  retain  for  his  own  use,  such  fees  as  are  now 
or  may  hereafter  be  allowed  by  law,  for  all  services  performed  by  him 
in  civil  actions.  The  constable  shall,  also,  in  addition,  receive  three 
dollars  per  day  for  attending  court  when  required  to  do  so  during  the 
actual  trial  of  the  issues  of  fact  of  a  case,  or  during  the  examination 
of  a  criminal  charge  before  a  magistrate,  while  the  evidence  is  being 
taken,  and  not  otherwise;  provided,  that  no  more  than  three  dollars 
shall  be  charged  or  received  for  any  one  day;  and  provided,  further, 
that  when  the  constable  is  required  to  attend  upon  the  trial  of  more 
than  one  civil  case  on  the  same  day,  his  fees  for  attendance  shall  be 
equally  apportioned  to  the  several  cases.  Constables  may  also,  by  first 
obtaining  an  order  of  the  district  attorney  of  the  county,  or  of  a  judge 
of  the  superior  court  of  this  state,  employ  a  temporary  guard  for  the 
safekeeping  or  protection  of  prisoners  when  necessary,  and  shall  be 
entitled  to  collect  the  actual  reasonable  cost  thereof  as  a  county  charge. 

Constables  shall  also  be  entitled  to  receive  in  addition  to  the  fees  and 
salary  in  this  subdivision  provided  for,  the  moneys  actually  disbursed 
by  them  in  conveying  prisoners  or  insane  persons  to  the  county  seat, 
and  all  expenses  actually  incurred  in  the  pursuit  within  the  county  of 
insane  persons  or  criminals  charged  with  felonj-  and  the  same  shall  be 
a  county  charge. 

The  population  of  townships  shall,  for  the  purpose  of  subdivisions  13 
and  15  of  this  section,  be  determined  by  multiplying  the  vote  for  gov- 
ernor cast  in  each  township  at  the  next  preceding  general  state  election 
by  five. 

Jurors'  fees. 

16.  In  counties  of  this  class,  grand  jurors  and  trial  jurors  in  all  the 
courts,  including  justices'  courts,  recorders'  courts  and  coroners'  in- 
quests, shall  receive  for  each  day's  attendance  per  day,  the  sum  of  two 
dollars  and  for  each  mile  actually  and  necessarily  traveled  from  their 
residence  to  the  place  of  service,  in  going  only,  the  sum  of  twenty 
cents  per  mile,  such  mileage  to  be  allowed  but  once  during  any  one 
session  of  such  court,  grand  jury  or  inquest;  provided,  that  the  fees 
of  trial  jurors  in  civil  cases  shall  be  p^id  by  the  litigants  as  other  costs 
are  paid  and  jurors  in  criminal  cases  in  recorders'  courts  shall  be  paid 
by  the  municipality  in  which  such  court  is  or  mav  be  established. 
[Amendment  approved  February  2S,  1911;   Stats.   1911J  p.   188.J 


729  POLITICAL  CODE.  §  4254 

Counties,  twenty-fifth  class — Stanislaus.     Salaries  of  officers. 

§  4254.  In  counties  of  the  twenty-fifth  class,  the  county  office.? 
shall  receive  as  compensation  for  the  services  required  of  them  by  lau. 
or  by  virtue  of  their  offices,  the  following  salaries,  to  wit: 

County  clerk. 

1.  The  county  clerk,  two  thousand  two  hundred  dollars  per  annum; 
provided,  that  in  counties  of  this  class  there  shall  be  one  deputy,  who 
shall  be  appointed  by  the  county  clerk,  and  paid  a  salary  of  one  thou- 
sand three  hundred  and  twenty  dollars  per  annum,  in  equal  monthly 
installments;  and  one  deputy  clerk  at  a  salary  of  nine  hundred  dollars 
per  annum,  to  be  paid  in  equal  monthly  installments;  and  one  deputy 
at  one  hundred  dollars  per  month,  for  thirty  days  next  preceding  each 
new  register  of  voters  required  to  be  issued.  The  salaries  of  said  dep- 
uty clerks  to  be  paid  at  the  same  time,  and  in  the  same  manner,  and  out 
of  the  same  fund  as  the  salary  of  the  county  clerk.  And  the  clerk 
also  to  receive  ten  cents  a  name  for  each  person  registered,  which  shall 
be  allowed  by  the  board  of  supervisors  of  the  county.  Said  fee  to  take 
effect  January  1,  1915.  He  shall  also  be  allowed  not  to  exceed  ten  dep- 
uties for  the  purpose  of  registering  electors,  who  shall  be  paid  not  to 
exceed  five  cents  for  each  elector  registered.  That  any  of  such  dep- 
uties as  are  required  to  work  in  the  office  shall  receive  not  to  exceed 
two  dollars  and  fifty  cents  per  day  for  the  time  so  employed. 

Sheriff. 

2.  The  sheriff,  five  thousand  dollars  per  annum,  and  fees,  commis- 
sions, and  mileage  for  the  service  of  papers  or  process  coming  from 
courts  other  than  those  of  his  own  county. 

Eecorder. 

3.  The  recorder,  one  thousand  six  hundred  dollars  per  annum;  pro- 
vided, that  such  recorder  shall  collect  and  pay  into  the  county  treas- 
ury, for  the  use  and  benefit  of  the  county,  the  fees  required  by  law 
to  be  collected;  and  provided,  that  when  the  amount  of  said  fees  col- 
lected shall  exceed  two  hundred  and  fifty  dollars  in  any  month,  the 
recorder  may  receive  and  retain  for  his  own  use,  in  addition  to  his 
salary,  one-half  of  all  fees  in  excess  of  two  hundred  and  fifty  dollars 
in  anjr  month  so  collected. 

Auditor, 

4.  The  auditor,  one  thousand  six  hundred  dollars  per  annum. 

Treasurer. 

5.  The  treasurer,  one  thousand  eight  hundred  dollars  per  annum,  and 
the  fees  and  commissions  now  or  hereafter  allowed  by  law. 

Tax  collector. 

6.  The  tax  collector,  one  thousand  two  hundred  dollars  per  annum, 
and   the   fees   and   commissions   now   or   hereafter   allowed   by   law;    pro- 


§  4254  POLITICAL   CODE.  730 

vided,  that  in  counties  of  this  class  there  shall  be  one  tax  collector  who 
shall  be  appointed  by  the  principal,  and  paid  a  salarj*  of  one  hundred 
dollars  per  month  at  the  same  time,  in  the  same  manner,  and  out  of  the 
same  fund  as  the  salary  of  the  tax  collector. 

Assessor. 

7.  The  assessor,  two  thousand  six  hundred  dollars  per  annum,  and  the 
fees  and  commissions  now  or  hereafter  allowed  by  law;  provided,  that 
in  counties  of  this  class  there  shall  be  allowed  two  deputies  who  shall 
be  appointed  by  the  assessor,  one  to  receive  a  salary  of  one  thousand 
three  hundred  and  eighty  dollars  per  annum  and  one  to  receive  a  salary 
of  one  thousand  three  hundred  and  twenty  dollars  per  annum  in  equal 
monthly  installments,  at  the  same  time  and  in  the  same  manner  and  out 
of  the  same  fund  as  the  salary  of  the  assessor  is  paid.  It  shall  be  the 
duty  of  said  deputies,  among  other  things,  to  make  and  correct  all 
necessary  plats,  maps,  and  block-books  for  the  assessor's  office;  provided, 
also,  that  for  each  name  upon  the  assessment-roll,  representing  one  or 
more  statements  in  excess  of  four  thousand  five  hundred,  the  assessor 
shall  receive  fifty  cents. 

District  attorney. 

8.  The  district  attorney,  two  thousand  two  hundred  dollars  per  annum.     , 

Coroner. 

!).  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by     j 
law. 

Public  administrator.  i 

l(t.  The  public   administrator,  such   foes  as  arc  now  or  may   hereafter     I 
be  allowed  by  law. 

Superintendent  of  schools.  j 

11.  The  superintendent  of  schools,  two  thousand  dollars  per  annum.  I 
He  shall  also  be  allowed  his  actual  traveling  expenses  when  visiting  the  I 
schools  of  the  county,  which  expenses  sliall  not  exceed  the  sum  of  five  i 
hundred  dollars  in  any  one  year.  He  shall  receive  nothing  for  his  ser-  I 
vices  as  a  member  oi  the  board  of  education.  The  superintendent  of  I 
schools  shall  be  allowed  one  deputy,  to  be  appointed  by  the  principal,  I 
which  said  deputy  shall  be  allowed  a  salary  of  one  thousand  and  twenty 
dollars  per  annum,  to  be  paid  at  the  same  time,  in  the  same  manner, 
And  out  of  the  same  fund  as  the  salary  of  the  superintendent  of  schools 

is    paid. 

Surveyor. 

12.  The  surveyor  shall  receive  three  thousand  dollars  per  annum,  and 
in  addition  thereto,  all  actual  traveling  and  other  necessary  expenses, 
incurred  in  connection  with  field  work.  He  shall  have  one  deputy  at 
a  salary  of  fifteen  hundred  dollars  per  annum;  said  deputy  to  be  ap- 
pointed' by  the  principal,   and   paid   at   the  same   time,   and   in   the  same 


731  POLITICAL   CODE.  §  4254 

manner  as  other  county  officers.  It  shall  be  the  duty  of  the  surveyor 
among  other  things,  to  make  all  necessary  county  aud  road  maps,  and  all 
necessary  plans  and  specifications  for  bridge  work  and  county  buildings; 
provided,  however,  that  when  in  the  judgment  of  the  board  of  super- 
visors of  the  county,  it  is  necessary  to  employ  additional  assistance  for 
the  performance  of  said  work,  other  than  with  regard  to  roads,  the  board 
of  supervisors  may  allow  the  necessary  actual  expense  thereof.  Also  to 
prepare  all  maps  or  plats  necessary  to  accompany  reports  made  by  him 
on  road  work,  and  prepare  and  keep  all  the  necessary  and  proper  records 
in  his  office;  provided,  he  shall  receive  nothing  for  preparing  any  map 
or  plat  necessary  to  accompany  reports  made  by  him  on  road  work, 
nor  for  preparing  and  keeping  the  proper  records  in  his  office.  He  shall 
at  all  times  be  subject  to  the  orders  of  the  board  of  supervisors.  The 
office  of  the  county  surveyor  shall  be  kept  open  for  the  accommodation 
of  the  public,  with  the  surveyor,  a  deputy,  or  a  competent  clerk  in 
charge  from  9  o'clock  A.  M.  until  5  o'clock  P.  M.,  the  same  as  other 
county  offices.  The  county  surveyor  shall  be  allowed  the  services  of  a 
competent  clerk,  to  be  appointed  by  the  principal,  and  receive  a  salary 
of  sixty  dollars  per  month,  to  be  paid  out  of  the  same  fund,  at  the  same 
time  and  in  the  same  manner  as  other  county  officers  are  paid.  Such 
compensation  and  salaries  as  above  set  forth  shall  be  in  full  for  all 
services  as  such  county  surveyor,  and  all  fees  and  compensation  received 
or  collected  by  him  for  services  other  than  for  the  county,  shall  be  paid 
into  the  county  treasury. 

Townships,  how  classified. 

13.  For  the  purpose  of  regulating  the  compensation  of  justices  of  the 
peace  and  constables,  townships  of  this  class  of  counties  are  hereby 
classified  according  to  their  population,  as  shown  by  the  total  number 
of  registered  voters,  in  each  township,  at  the  next  preceding  general 
election,  prior  to  the  fixing  of  the  classification,  the  said  population  to 
be  determined  by  multiplying  the  said  total  number  of  registered  voters 
by  three;  townships  having  a  population  of  ten  thousand  and  more  shall 
belong  to  and  be  known  as  townships  of  the  first  class;  townships  hav- 
ing a  population  of  seven  thousand  and  less  than  ten  thousand  shall 
belong  to  and  be  known  as  townships  of  the  second  class;  townships 
having  a  population  of  three  thousand  and  less  than  seven  thousand 
shall  belong  to  and  be  known  as  townships  of  the  second  [third]  class; 
townships  having  a  population  of  one  thousand  and  less  than  three  thou- 
sand shall  belong  to  and  be  known  as  townships  of  the  fourth  class; 
townships  having  a  population  of  less  than  one  thousand  shall  belong  to 
and  be  known  as  townships  of  the  fifth  class;  provided,  that  the  board 
of  supervisors  of  the  county  may,  prior  to  any  general  election,  consol- 
idate two  or  more  of  such  townships  into  one. 

Justices  of  the  peace. 

13a.  Justices  of  the  peace  shall  receive  the  following  monthly  salaHes, 
to   be   paid   each   month   as   county   officers   are   paid,   which   shall  be   in 


§  4254  POLITICAL   CODE.  /  732 

full  compensation  for  all  services  rendered  by  them  in  criminal  cases, 
to  wit:  in  townships  of  the  first  class,  ninety  dollars  per  month;  in  town- 
ships of  the  second  class,  seventy-five  dollars  per  month;  in  townships 
of  the  third  class,  fifty  dollars  per  month;  in  townships  of  the  fourth 
class,  thirty  dollars  per  month;  in  townships  of  the  fifth  class,  twenty 
dollars  per  month;  in  addition  to  the  monthly  salaries  herein  allowed, 
each  justice  of  the  peace  may  receive  and  retain  for  his  own  use,  such 
fees  as  are  now  and  may  hereafter  be  allowed  by  law,  for  all  services 
rendered  by  him  in  civil  cases.  Each  ju.stice  must  pay  into  the  county 
treasury  once  a  month  all  fines  collected  by  him.  Justices  of  the  peace 
of  the  first  class  are  required  to  keep  their  offices  open  from  9  o'clock 
A.  M.  until  5  o'clock  P.  M.  All  justices  shall  be  allowed  not  to  exceed 
five  dollars  per  month  for  office  rent.  These  salaries  shall  also  apply 
to  incumbents. 

Constables. 

14.  Constables  shall  receive  the  following  monthly  salaries,  to  be  paid 
each  month  as  the  county  officers  are  paid,  which  shall  be  in  full  com- 
pensation for  all  services  rendered  by  them  in  criminal  cases,  to  wit: 
in  tovvnshijis  of  the  first  class,  ninety  dollars;  in  townships  of  the  second 
class,  eighty  dollars;  in  townships  of  the  third  class,  eighty  dollars;  in 
townships  of  the  fourth  class,  fifty  dollars;  in  townships  of  the  fifth 
class,  thirty  dollars.  In  addition  to  the  monthly  salaries  herein  allowed, 
each  constable  may  receive  ami  retain  for  his  own  use,  such  fees  as  are 
now  allowed  or  may  hereafter  be  allowed  by  law,  for  all  services  ren- 
dered b}'  him  in  civil  actions,  and  shall  also  be  allowed  all  necessary 
expenses  actually  incurred  in  arresting  and  conveying  prisoners  to  court 
or  to  prison,  which  expenses  sliall  bo  audited  and  allowed  by  the  board 
of  supervisors,  and  paid  out  of  the  county  treasury;  provided,  further, 
that  when  a  constable  is  required  to  go  out  of  liis  own  county  to  serve 
a  warrant  of  arrest  or  any  other  papers  in  a  criminal  case,  he  shall  be 
allowed  mileage  outside  of  his  own  county  at  the  rate  of  twenty  cents 
l)er  mile,  necessary  travels,  for  one  way  only.  These  salaries  shall  also 
apply   to   incumbents. 

Supervisors. 

15.  Supervisors  shall  receive  the  sum  of  seven  hundred  and  twenty 
dollars  jier  annum,  each,  and  mileage  at  the  rate  of  ten  cents  per  mile 
for  each  mile  traveled  in  coming  to  and  from  the  meetings  of  the  board; 
provided,  that  only  one  mileage  at  any  one  session  of  the  board  shall 
be  allowed.  They  shall  act  as  road  commissioners  in  their  respective 
districts,  and  shall  therefor  receive  for  their  services  as  such  road  com- 
missioners, mileage  at  the  rate  of  twenty  cents  per  mile  each,  one  way. 
for  all  distances  actually  traveled  by  them  in  the  discharging  of  their 
duties  as  such  road  commissioners;  provided,  that  said  mileage  as  road 
commissioners  shall  not  exceed  the  sum  of  three  hundred  dollars  for 
any  one  of  the  commissioners. 


733  POLITICAL  CODE.  §  4255 

Fees,  witnesses. 

16.  Witnesses  in  criminal  cases  and  in  cases  of  dependent  and  delin- 
quent persons  shall  receive  two  dollars  per  day,  and  ten  cents  per  mile 
for  each  mile  actually  traveled  one  way  only.  The  court  shall  make 
an  order  directing  the  auditor  to  draw  his  warrant  on  the  county  treas- 
ury for  the  amount  due,  and  the  treasurer  shall  pay  the  same.  The 
court  may  disallow  any  fee  to  a  witness  unnecessarily  subpoenaed. 

Fees,  jurors. 

17.  Jurors  in  a  county  of  this  class,  both  grand  and  petty  jurors  in 
the  superior  court,  shall  each  receive  for  each  day's  attendance,  per 
day,  the  sum  of  three  dollars,  and  for  each  mile  actually  and  necessarily 
traveled  from  their  residence  to  the  county  seat  in  going  only,  the  sum 
of  twenty  cents  per  mile,  such  mileage  to  be  allowed  but  once  during 
each  session,  such  jurors  are  required  to  attend.  The  court  shall  make 
an  order  directing  the  auditor  to  draw  his  warrant  on  the  county  treas- 
ury for  the  amount  due,  and  the  treasurer  shall  pay  the  same.  [Amend- 
ment approved  June  16,  1913;  Stats.  1913,  p.  1200.] 

Also   amended   February  28,   1911    (Stats.    1911,   p.    191),   and   April   26,    1911 
(Stats.    1911,   p.    1123). 

Counties,  twenty-sixth  class — Napa.     Salaries  of  officers. 

§  -4255.  In  counties  of  the  twenty-sixth  class,  the  cou'nty  and  town- 
ship officers  shall  receive  as  compensation  for  the  services  required  of 
them  by  law,  or  by  virtue  of  their  offices,  the  following  salaries,  to  wit: 

County  clerk. 

I.  The  county  clerk,  three  thousand  dollars  per  annum,  and  five  hun- 
dred dollars  additional  per  annum  for  compiling  the  great  register  of 
the  county.  In  counties  of  this  class  the  county  clerk  may  appoint  a 
deputy  county  clerk,  which  office  of  deputy  county  clerk  is  hereby 
created,  and  said  deputy  county  clerk  shall  receive  as  compensation  for 
all  services  performed  as  such,  the  sum  of  nine  hundred  dollars  per 
annum,  to  be  paid  out  of  tue  county  treasury,  in  equal  monthly  install- 
ments, at  the  same  time,  in  the  same  manner  and  out  of  the  same  fund 
as  salaries  of  county  officers  are  paid.  The  county  clerk  may  appoint 
such  number  of  deputies  as  may  be  necessary  for  the  convenient  regis- 
tration of  electors  in  their  respective  precincts  or  townships,  and  each 
such  registration  deputy  shall  receive  as  compensation  for  all  services 
performed  as  such  the  sum  of  ten  cents  per  name  for  each  elector 
registered  b}'  him,  to  be  paid  monthly,  at  the  same  time,  in  the  same 
manner  and  out  of  the  same  fund  as  salaries  of  county  officers  are  paid; 
provided,  that  each  such  registration  deputy,  when  so  appointed,  shall, 
prior  to  the  drawing  of  any  warrant  for  such  compensation,  first  file 
with  the  auditor  a  statement,  verified  by  the  oath  of  such  registration 
deputy,  and  approved  in  writing  by  the  couut.v  clerk,  showing  the  num- 
ber of  electors  so  registered  by  him  during  the  period  covered  by  such 
statement.     The   county  clerk   shall  also  receive  and  retain  for  his  own 


§  4255  POLITICAL   CODE.  734 

use  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law  for  issu- 
ing hunting  and  fishing  licenses,  for  the  naturalization  of  persons  desir- 
ing to  become  citizens,  and  such  other  fees  of  similar  character  as  are 
now  or  may  hereafter  be  allowed  by  law  for  the  performance  of  any 
service  rendered  by  the  county  clerk  other  than  in  his  official  character 
as  county  clerk.  All  other  fees  or  commissions  shall  be  collected  by  the 
county  clerk  and  shall  be  bj'  him  paid  into  the  county  treasury,  and  no 
part  thereof  shall  be  retained  by  him  as  a  part  of  his  compensation; 
provided,  that  this  subdivision  of  this  section  shall  not  go  into  effect 
or  be  in  force  until  the  expiration  of  the  term  of  office  of  the  incumbent. 

Sheriff. 

2.  The  sheriff,  four  thousand  five  hundred  dollars  per  annum.  Tn 
counties  of  this  class  the  sheriff  may  appoint  an  under-sheriff,  which 
office  of  under-sheriff  is  hereby  created,  and  sajd  under-sheriff  shall 
receive  as  compensation  for  all  services  performed  as  such  the  sum  of 
one  thousand  five  hundred  dollars  per  annum,  to  be  paid  out  of  the 
county  treasury,  in  equal  monthly  installments,  at  the  same  time,  in 
the  same  manner  and  out  of  the  same  fund  as  salaries  of  county  officers 
are  paid.  In  counties  of  this  class  the  sheriff  shall  be  allowed  such 
sum  as  the  board  of  supervisors  shall  fix  for  the  board  of  prisoners 
confined  in  the  county  .iail,  and  his  actual  necessary  expenses  for  pur- 
suing, searching  for  and  arresting  criminals  and  persons  charged  with 
being  insane,  and  for  conveying  prisoners  and  persons  charged  with 
being  insane  to  court  and  to  prison  or  other  place  of  confinement  or 
detention  and  to  and  from  state  prisons,  state  hospitals  and  other  insti- 
tutions, and  his  actual  necessary  expenses  for  keeping,  preserving  and 
selling  property  seized,  held  or  sold  on  attachment,  execution  or  other 
process,  and  for  the  service  and  posting  of  all  process  papers  and  notices 
required  by  law  to  be  served  or  posted  by  the  sheriff.  All  such  actual 
necessary  expenses  and  said  sura  for  the  board  of  prisoners  shall  be  a 
proper  legal  charge  against  the  county  and  shall  be  allowed,  audited 
and  paid  out  of  the  county  treasury  in  the  same  manner  as  other  county 
charges  are  allowed,  audited  and  paid.  The  sheriff  shall  collect  from 
the  state  all  per  diem  and  expenses  incurred  in  conveying  prisoners 
and  persons  adjudged  insane,  to  ar.<l  from  state  prisons,  state  hospitals 
and  other  institutions  and  pay  the  same,  when  so  collected,  into  the 
county  treasury,  and  the  same  and  all  other  fees,  commissions  and  com 
pensation  other  than  as  hereinabove  provided,  which,  in  other  counties 
of  other  classes,  are  allowed  by  law  to  the  sheriff,  as  a  part  of  his 
compensation,  shall  be  paid  into  the  county  treasury,  and  no  part  thereof 
shall  be  retained  by  him  as  a  part  of  his  compensation;  provided,  that 
this  subdivision  of  this  section  shall  not  go  into  effect  or  be  in  force 
until  the  expiration  of  the  term  of  office  of  the  incumbent. 

Recorder. 

3.  The  recorder,  two  thousand  dollars  per  annum;  provided,  that  in 
counties   of  this   class  the  recorder  may   appoint   a   deputy,  which   office 


735  POLITICAL   CODE.  §  4255 

is  hereby  created,  and  said  deputy  county  recorder,  shall  receive  as 
compensation  for  all  services  performed  as  such  the  sum  of  seven 
hundred  and  twenty  dollars  per  annum,  payable  out  of  the  county  treas- 
ury in  equal  monthly  installments,  in  the  same  manner,  at  the  same 
time  and  out  of  the  same  fund  as  salaries  of  county  officers  are  paid. 
The  recorder  may  employ  as  many  copyists  as  may  be  recjuired,  who 
shall  receive  as  compensation,  the  sum  of  five  cents  per  folio  for  record- 
ing any  instrument  or  notice,  except  maps  or  plats,  and  for  making 
copies  of  any  records  or  papers,  five  cents  per  folio.  The  salaries  of 
such  copyists  shall  be  paid  out  of  the  county  treasury,  in  the  same 
manner,  at  the  same  time  and  out  of  the  same  fund  as  salaries  of  county 
officers  are  paid;  provided,  that  the  recorder  shall  file  monthly  with  the 
auditor  a  verified  statement  showing  in  detail  the  persons  employed  as 
copyists  and  the  amount  due  to  each  for  such  copying.  All  fees,  com- 
missions or  other  comjiensation  allowed  by  law  to  the  recorder  in  other 
counties  of  other  classes,  as  a  part  of  his  compensation,  shall  be  paid 
into  the  county  treasury  and  no  part  thereof  shall  be  retained  by  him 
as  a  part  of  his  compensation;  provided,  that  this  subdivision  of  this 
section  shall  not  go  into  effect  or  be  in  force  until  the  expiration  of  the 
term  of  office  of  the  present  incumbent. 

Auditor. 

4.  The  auditor,  one  thousand  five  hundred  dollars  per  annum;  pro- 
vided, that  in  counties  of  this  class  the  auditor  may  appoint  a  deputy, 
which  office  of  deputy  auditor  is  hereby  created,  to  serve  during  the 
month  of  October  in  each  year,  aad  said  deputy  auditor  shall  receive  as 
compensation  for  all  services  performed  as  such,  during  the  said  month 
of  October,  the  sum  of  one  hundred  dollars,  to  be  paid  out  of  the  county 
treasury,  in  the  same  manner,  at  the  same  time  and  out  of  the  same 
fund  as  salaries  of  county  officers  are  paid;  provided,  that  the  provisions 
of  this  subdivision  of  this  section  shall  not  go  into  effect  or  be  in  force 
until  the  expiration  of  the  term  of  office  of  the  incumbent. 

Treasurer. 

5.  The  county  treasurer,  two  thousand  dollars  per  annum;  provided, 
that  in  counties  of  this  class  the  treasurer  may  appoint  a  deputy,  which 
office  of  deputy  treasurer  is  hereby  created,  and  the  said  deputy  treas- 
urer shall  receive  as  compensation  for  all  services  performed  as  such 
the  sum  of  six  hundred  dollars  per  annum,  to  be  paid  out  of  the  county 
treasury,  in  equal  monthly  installments,  in  the  same  manner,  at  the 
same  time  and  out  of  the  same  fund  as  salaries  of  county  officers  are 
paid.  All  fees,  commissions  or  other  compensation  allowed  by  law  to 
the  treasurer  in  other  counties  of  other  classes  shall  be  collected  by  the 
treasurer  and  be  by  him  paid, into  the  county  treasury  and  no  part 
thereof  shall  be  retained  by  him  as  a  part  of  his  compensation;  pro- 
vided, that  this  subdivision  of  this  section  shall  not  go  into  effect  or  be 
in  force  until  the  expiration  of  the  term  of  office  of  the  incumbent. 


§  4255  POLITICAL   CODE.  736 

Tax  collector. 

G.  The  tax  collector,  two  thousand  dollars  per  annum;  provided,  that 
in  counties  of  this  class  the  tax  collector  may  appoint  a  deputy  tax 
collector,  which  office  of  deputy  tax  collector"  is  hereby  created",  and 
said  deputy  tax  collector  shall  receive  as  compensation  for  all  services 
performed  as  such,  the  sum  of  seven  hundred  and  fifty  dollars  per 
annum,  to  be  paid  out  of  the  county  treasury,  in  equal  monthly  install- 
ments, in  the  same  manner,  at  the  same  time  and  out  of  the  same  fund 
as  salaries  of  county  officers  are  paid.  All  fees,  commissions  or  com 
pensation  allowed  by  law  to  the  tax  collector  in  other  counties  of  other 
classes  shall  be  collected  by  the  tax  collector  and  be  by  him  paid  into 
the  county  treasury,  and  no  part  thereof  shall  be  retained  by  him  as  a 
part  of  his  compensation. 

Assessor. 

7.  The  assessor,  three  thousand  six  hundred  dollars  per  annum;  pro- 
vided, in  counties  of  this  class  the  assessor  may  appoint  a  chief  deputy 
assessor,  which  office  of  chief  deputy  assessor  is  hereby  created,  and 
said  chief  deputy  assessor  shall  receive  as  compensation  for  all  services 
performed  as  such  the  sum  of  one  thousand  two  hundred  dollars  per 
annum,  to  be  paid  out  of  the  county  treasury,  in  equal  monthly  install- 
ments, at  the  same  time,  in  the  same  manner  and  out  of  the  same 
fund  as  salaries  of  county  officers  are  paid.  The  assessor  may  also  ap- 
point six  field  deputies,  which  offices  of  field  deputies  are  hereby 
created,  to  serve  for  not  exceeding  ninety  days  in  any  one  year,  and 
said  field  de|Hity  assessors  shall  each  receive  as  compensation  for  all 
services  performed  as  such  the  sum  of  four  dollars  per  day  for  each 
day  actually  and  necessarily  employed  as  suih,  to  be  paid  out  of  the 
county  treasury,  in  the  same  manner,  at  the  same  time  and  out  of  the 
same  fund  as  salaries  of  county  officers  are  paid;  provided,  that  each 
field  deputy,  when  so  employed,  shall  file  with  the  auditor  a  statement 
verified  by  the  oath  of  such  field  deputy  and  approved  by  the  assessor, 
showing  the  number  of  days  actually  and  necessarily  employed  in  the 
performance  of  the  duties  of  such  employment  during  the  period  cov- 
ered by  said  statement,  before  any  warrant  for  the  payment  of  such 
compensation  shall  be  drawn  by  the  auditor.  All  commissions,  fees  or 
compensation  for  the  collection  of  taxes  on  personal  property,  for  the 
collection  of  poll  taxes  and  road  poll  taxes,  and  for  services  in  making 
out  the  roll  of  persons  subject  to  military  duty,  and  all  other  fees  or 
commissions  shall  he  collected  by  the  assessor  and  by  him  paid  into 
the  couuty  treasury,  and  no  part  thereof  shall  be  retained  by  him  as  a 
part  of  his  compensation;  provided,  further,  that  this  subdivision  of 
this  section  shall  not  go  into  effect  or  be  in  force  during  the  term  of 
the  present  incumbent.  • 

District  attorney. 

S.  The  district  attorney,  two  thousand  five  hundred  dollars  per  annum. 
In    counties   of   this   class    the   district    attorney   may   appoint   a   deputy 


i'61  POLITICAL    CODE.  §  4255 

district  attorney,  which  office  of  deputy  district  attorney  is  hereby 
created,  and  said  deputy  district  attorney  shall  receive  as  compensa- 
tion for  all  services  performed  as  such  the  sum  of  one  thousand  five 
hundred  dollars  per  annum,  to  be  paid  out  of  the  county  treasury,  in 
equal  monthly  installments,  at  the  same  time,  in  the  same  manner  and 
out  of  the  same  fund  that  salaries  of  county  officers  are  paid.  The 
district  attorney  may  also  appciint  a  stenographer  for  service  in  his 
I'diee,  which  office  of  stenograj)her  to  the  district  attorney  is  hereby 
rroated,  and  said  stenographer  shall  receive  as  compensation  for  all 
services  performed  as  such  the  sum  of  six  hundred  dollars  per  annum, 
to  be  paid  out  of  the  county  trcasurj^  in  equal  monthly  installments,  at 
the  same  time,  in  the  same  manner  and  out  of  the  same  fund  that 
salaries  of  county  officers  are  paid. 

Coroner, 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

Public  administrator. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  hereafter 
be  allowed   by  law. 

Superintendent  of  schools. 

11.  The  superintendent  of  schools,  one  thousand  six  hundred  dollars 
per  annum  and  actual  necessary  traveling  expenses  when  visiting  schools 
of  the  county.  The  superintendent  of  schools  may  appoint  a  deputy 
superintendent  of  schools,  which  office  of  deputy  superintendent  of 
schools  is  hereby  created,  and  said  deputy  superintendent  of  schools 
shall  receive  as  compensation  for  all  services  performed  as  such  the  sum 
of  nine  hundred  dollars  per  annum,  to  be  paid  out  of  the  county 
treasury,  in  the  same  manner,  at  the  same  time  and  out  of  the  same 
fund  as  salaries  of  county  officers  are  paid. 

Surveyor. 

12.  The  surveyor,  one  thousand  dollars  per  annum,  for  all  work  per- 
formed for  the  county,  and  in  addition  thereto  his  actual  necessary 
traveling  expenses  incurred  in  connection  with  field  work,  and  also 
actual  necessary  expenses  incurred  in  such  field'  work,  and  actual  neces- 
sary expenses  and  costs  of  supplies  in  preparing  maps,  tracings,  plats 
and  diagrams  for  the  county  assessor  or  other  county  officers,  when 
directed  by  him  or  them  to  prepare  the  same.  All  of  such  expenses 
and  costs  shall  be  proper  legal  charges  against  the  county  and  shall  be 
allowed,  audited  and  paid  out  of  the  county  treasury,  in  the  same 
manner  that  other  county  charges  are  allowed,  audited  and  paid.  All 
fees,  commissions  or  other  compensation  allowed  to  the  surveyor  in 
other  counties  of  other  classes,  except  fees  or  charges  for  surveys  made 
for   private   persons   and   not    directed   by   the   board    of   supervisors    or 

■47 


§  4255  POLITICAL   CODE.  738 

county  oflBcers  for  county  uses  or  purposes,  shall  be  collected  by  the 
Purveyor  and  by  hiTi  paid  into  the  county  treasury,  and  no  part  thereof, 
pxpept  such  fees  or  charges  for  such  private  surveys,  shall  be  retained 
by  him  as  a  part  of  his  compensation;  provided,  that  this  subdivision 
of  this  section  shall  not  go  into  effect  or  be  in  force  during  the  term  of 
office   of   the   present   incumbent. 

Townships,  how  classified. 

1'').  For  the  purpose  of  regulating  the  compensation  of  justices  of  the 
peace  and  constables,  townships  in  counties  of  this  class  are  hereby 
classified  according  to  their  population,  as  shown  by  the  federal  census 
of  1910,  as  follows: 

Townships  having  a  population  of  five  thousand,  or  more,  shall  belong 
to  and  be  known  as  townships  of  the  first  class;  townships  having  a 
population  of  three  thousand,  and  less  than  five  thousand,  shall  belong 
to  and  be  known  as  townships  of  the  second  class;  townships  having  a 
population  of  one  thousand,  and  less  than  three  thousand,  shall  belong 
to  and  be  known  as  townships  of  the  third  class,  and  townships  having 
a  population  of  less  than  one  thousand  shall  belong  to  and  be  known  as 
townships  of  the  fourth   class. 

Justices  of  the  peace. 

14.  Justices  of  the  peace  shall  receive  the  following  salaries,  which 
shall  be  paid  monthly,  out  of  the  county  treasury,  in  the  same  man 
ner,  at  the  same  time  and  out  of  the  same  fund  as  salaries  of  county 
officers  are  paid,  to  wit: 

1.  In  townships  of  the  first  class,  one  hundred   dollars  per   month; 

2.  In  townships  of  the  8econ<l  class,  seventy  dollars  per  month; 

3.  In    townships   of  the   third   class,   forty   dollars   per   month; 

4.  In    townships    of    the    fourth    class,    twenty-five    dollars    per    month. 
In    addition    to    the    said    monthly    salaries    herein    provided    for,    each 

justice  of  the  peace  may  receive  and  retain  for  his  own  use  such  fees 
as  are  now  or  may  hereafter  be  alloweil  by  law  for  all  services  ren- 
dered by  him  in  civil  actions  or  proceedings. 

.histices  of  the  peace,  in  townships  of  the  first  class,  shall  be  allowed 
their  actual  office  rent  and  necessary  incidental  expenses,  not  to  exceed 
the  sum  of  twenty-five  dollars  for  any  one  month. 

Constables. 

1.5.  Constables  shall  receive  the  following  salaries,  which  shall  be  paid 
monthly,  out  of  the  county  treasury,  at  the  same  time,  in  the  same 
manner  and  out  of  the  same  fund  that  salaries  of  county  officers  are 
paid,  and  which  shall  be  in  full  of  all  services  rendered  by  them  in  crim 
inal   cases,  to   wit: 

1.  In   townships   of  the  first  class,  seventy-five   dollars   per  month; 

2.  In  townships  of  the   second  class,  fifty-five   dollars  per  month; 

3.  In  townships  of  the   third  class,  thirty  dollars  per  month; 


739  POLITICAL.  CODE,  §  4256 

4.  In  townships  of  the  fourth  class,  twenty  dollars  per  month. 

In  addition  lo  said  monthly  salaries  each  constable  may  receive  and 
retain  for  his  own  use  such  fees  as  are  now  or  may  hereafter  be  allowed 
by  law  for  all  services  rendered  by  him  in  civil  actions  or  proceedings, 
and  shall  also  be  allowed  all  necessary  expenses  actually  incurred  in 
arresting  and  pursuing  criminals,  and  in  conveying  prisoners  to  court 
or  to  prison,  which  said  actual  necessary  expenses  shall  be  allowed, 
audited  and  paid  out  of  the  county  treasury,  in  the  same  manner  other 
county  charges  are  allowed,  audited  and  paid. 

Supervisors. 

16.  Each  member  of  the  board  of  supervisors  shall  receive  one  thou- 
sand dollars  per  annum,  payable  in  equal  monthly  installments,  and 
which  shall  be  in  full  for  all  services  rendered  as  supervisor. 

Fees,  jurors. 

17.  In  counties  of  this  class  the  fees  of  grand  jurors  and  trial  jurors, 
in  the  superior  court,  in  civil  and  criminal  actions  and  in  all  special 
proceedings,  shall  be  three  dollars  a  day  for  each  day's  attendance,  and 
mileage,  to  be  computed  at  the  rf:te  of  fifteen  cents  per  mile  for  each 
mile  necessarily  traveled  in  attending  court,  or  in  attending  sessions  of 
the   grand  jury,  in  going  only. 

In  criminal  actions  such  fees  and  mileage  of  such  trial  jurors  shall 
be  paid  by  the  treasurer,  out  of  the  general  funds  of  the  county,  upon 
warrants  drawn  by  the  auditor,  who  shall  draw  such  warrants  upon  the 
written  order  of  the  judge  of  the  superior  court  in  which  said  juror 
was  in  attendance,  and  the  treasurer  shall  pay  all  such  warrants. 
[Amendment  approved  June  16,  1913;  Stats.  1913,  p.  1188.] 
Also   amended  February   28,   1911    (Stats.   1911,   p.   194). 

Counties,  twenty-seventh  class — San  Luis  Obispo.     Salaries  of  officers. 

§  4256.  In  counties  of  the  twenty-seventh  class,  the  officers  shall 
receive,  as  compensation  for  the  services  required  of  them  by  law  or 
by   virtue   of   their   offices,   the   following   salaries,   to   wit:  • 

County  clerk. 

1.  The  county  clerk,  four  thousand  dollars  per  annum,  and  such  fees 
as  are  now  or  may  hereafter  be  allowed  b}'  law;  and,  provided,  that  in 
counties  of  this  class,  there  shall  be,  and  is  hereby  allowed  to  the 
county  clerk,  a  deputy,  who  shall  be  appointed  by  said  county  clerk, 
who  shall  be  paid  a  salary  of  fifteen  hundred  dollars  per  annum,  pay- 
able out  of  the  same  fund  and  in  the  same  manner  as  the  salaries  of 
other  county  officers  are  paid;  provided,  further,  that  in  any  year  when 
a  new  registration  of  voters  is  required  by  law,  the  county  clerk  may 
appoint  such  number  of  deputies  as  may  be  necessary  for  the  con- 
venient registration  of  voters  in  their  respective  precincts  and  that 
each    of   said   deputies   so   appointed   for   such   purpose    shall  receive   as 


§  4256  POLITICAL  CODE.  740 

compensation  therefor  the  sum  of  ten  cents  per  name  for  each  e]eetor 
registered  by  each  of  said  deputies,  said  compensation  to  be  paid  out 
of  the  general  fund  of  the  county  on  presentation  and  filing  with  the 
board  of  supervisors  of  said  county  a  duly  verified  claim  therefor  ap- 
proved by  said  county  clerk. 

Sheriflf. 

2.  The  sheriff,  five  thousand  five  hundred  dollars  per  annum. 

Eecorder. 

o.  The  recorder,  two  thousand  dollars  per  annum,  and  six  cents  for 
each  folio  recorded. 

Auditor. 

4.  The  auditor,  twenty-four  hundred  dollars  per  annum;  and  he  may 
also  appoint  a  deput}',  which  office  of  deputy  auditor  is  hereby  created, 
whose  salary  shall  be  twelve  hundred  dollars  per  annum,  payable  at  the 
same  time,  out  of  the  same  fund  and  in  the  same  manner  as  the  salaries 
of  other  county  officers  are  paid. 

TreasTirer. 

5.  The   treasurer,   twenty-seven  hundred   dollars   per  annum. 

Tax  collector. 

6.  The  tax  collector,  two  thousand  dollars  per  annum;  and  one  deputy, 
at  a  salary  of  nine  hundred  dollars  per  annum. 

Assessor. 

7.  The  assessor,  four  thousand  dollars  per  annum;  and  one  deputy,  at 
a  salary  of  twelve  hundred  dollars  per  annum. 

District  attorney. 

8.  The  district  attorney,  two  thousand  five  hundred  dollars  per  an 
num;  he  may  also  appoint  an  assistant  district  attorney,  which  office 
is  hereby  created,  whose  salary  shall  be  nine  hundred  dollars  per 
annum;  and  in  counties  of  this  class  he  may  also  appoint  a  clerk,  who 
shall  be  a  stenographer,  which  office  of  clerk  to  the  district  attorney  is 
hereby  created,  whose  salary  shall  be  six  hundred  dollars  per  annum; 
the  salaries  of  said  assistant  district  attorney  and  clerk  shall  be  pay- 
able as  the  salaries  of  other  county  officers. 

Coroner. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 

law. 

Public  administrator. 

10.  The  public  administrator,  such  foes  as  are  now  or  may  be  here- 
after allowed  by  law. 


741  POLITICAL  CODE.  §  4256 

Superintendent  of  schools. 

11.  The  suiieriiiteiideiit  of  schools,  one  thousand  five  hundred  dollars 
per  annum,  and  actual  traveling  expenses  when  visiting  the  schools  of 
his  county,  and  one  deputy,  at  a  salary  of  nine  hundred  dollars  per 
annum. 

Surveyor. 

12.  The  surveyor,  fifteen  hundred  dollars  per  annum,  for  all  work 
performed  for  the  county;  provided,  that  in  counties  of  this  class  there 
shall  be  and  hereby  is  allowed  to  the  surveyor  one  assistant  to  be 
ai)pointed  by  the  surveyor,  whose  salary  shall  be  nine  hundred  dollars 
per  annum,  payable  at  the  same  time,  out  of  the  same  fund  and  in 
the  same  manner  as  the  salary  of  the  surveyor  is  paid;  and  in  addition 
thereto  the  surveyor  shall  be  allowed  actual  traveling  and  other  neces- 
sary expenses  incurred  in  connection  with  field  work;  provided,  that 
whenever  the  surveyor  is  directed  by  the  assessor  to  plat,  trace  or  other- 
wise prepare  maps,  plats  or  block-book  for  the  use  of  the  county 
assessor  he  shall  be  allowed  only  the  actual  cost  of  preparing  the  same. 

Justices  of  the  peace. 

13.  .Justices  of  the  peace  in  counties  of  this  class  shall  receive  the 
following  monthly  salaries  to  be  paid  each  month  in  the  same  manner, 
at  the  same  time  and  out  of  the  same  funds  as  the  county  officers  are 
paid,  which  shall  be  in  full  for  all  services  rendered  by  them;  in  town- 
ships having  a  population  of  more  than  five  thousand,  one  hundred  fifty 
dollars  per  month;  in  townships  having  a  population  of  more  than 
twenty-five  hundred  and  less  than  five  thousand,  seventy-five  dollars  per 
month;  in  townships  having  a  population  of  more  than  one  thousand 
and  less  than  twenty-five  hundred,  thirty-five  dollars  per  month;  in 
to\Anships  having  a  population  of  njore  than  five  hundred  and  less  than 
one  thousand,  twenty-five  dollars  per  month;  in  townships  having  a 
population  of  less  than  five  hundred,  ten  dollars  per  month.  The  board 
of  supervisors  of  such  counties  shall  furnish  and  maintain  for  the  use 
of  justices  of  the  peace  in  townships  having  a  population  of  twenty-five 
hundred  or  more,  an  office  suitable  for  use  as  a  courtroom,  equipped  with 
the  necessary  furniture  for  the  proper  and  convenient  conduct  of  busi- 
ness therein.  The  board  of  supervisors  of  such  counties  shall  furnish 
and  supply  to  the  justices  of  the  peace  of  the  various  townships  in  such 
counties  the  codes  of  this  state  and  amendments  thereto,  and  all  neces- 
sary stationery,  legal  blanks  and  forms  for  the  proper  and  convenient 
conduct  of  business. 

Constables. 

14.  Constables,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

Supervisors. 

15.  Each  member  of  the  board  of  supervisors,  eight  hundred  dollars 
per  annum,  and   his  necessary  expenses   when   attending  to   the  business 


§  4257  POLITICAL   CODE.  742 

of  the  county,  and  ten  cents  per  mile  in  going  from  liis  residence  to  the 
i-ounty  seat  in  attending  upon  all  regular  meetings  of  the  board  of 
supervisors.  For  serving  as  road  commissioner,  two  hundred  dollars 
per  annum.  Each  supervisor  shall  be  allowed  not  to  exceed  thirty  dol- 
lars per  month  as  traveling  expenses  while  supervising  the  roads  of  his 
district. 

Fees,  jurors. 

16.  The  fees  of  grand  jurors  and  trial  jurors  in  the  superior  courts  of 
counties  of  this  class,  in  criminal  cases,  shall  be  three  dollars  for  each 
day's  attendance,  and  mileage  to  be  com[iuted  at  the  rate  of  fifteen 
cents  per  mile  for  each  mile  necessarily  traveled  in  attending  court,  in 
going  only.  In  civil  cases,  the  fees  and  mileage  of  jurors  in  the  supe- 
rior courts  shall  be  the  same  as  are  now  allowed  by  law.  [Amendment 
approved  June  16,  1913;  Stats.  1913,  p.  1227.] 

Also  amended  February  28,  1911  (Stats.  1911,  p.  19G),  and  April  'J7,  1911 
(Stats.   1911,  p.   1164). 

Citations.      App.    18/447;    (subd.    13)    18/447. 

Counties,  twenty-eighth  class— Shasta.     Salaries  of  ofl&cers. 

§  4257.  In  counties  of  the  twenty-eighth  class  the  county  and  town- 
sliip  officers  shall  receive  as  compensation  for  the  services  required  of 
them  by  law  or  by  virtue  of  their  office  the  following  salaries,  to  wit: 

County  clerk, 

1.  The  county  clerk,  three  thousand  dollars  per  annum,  and  when  a 
new  groat  register  of  voters  is  required  by  law  to  be  made,  he  shall 
receive  three  hundred  dollars  additional,  which  shall  be  in  full  for  all 
services  required  in  registering  voters  and  making  the  great  register. 

Sheriff, 

2.  The  sheriff,  fifty-one  hundred  dollars  per  annum,  which  includes  the 
fifteen  hundred  dollars  heretofore  allowed  the  under  sheriff.  Ho  shall 
also  have  for  his  own  use  all  fees  for  service  of  all  papers  served  by 
him  and  issued  without  his  county.  The  said  fifty-one  hundred  dollars 
to  be  in  full  of  all  fees  or  percentages  as  license  collector. 

Recorder. 

3.  The  recorder,  thirty-two  hundred  dollars  per  annum,  in  full  of  all 
services,  including  filing  and  recording  mining  and  other  location  notices. 

Auditor. 

4.  The  auditor,  two  thousand  dollars  per  annum.  The  county  auditoT 
shall  charge  and  collect  for  the  clerical  service  of  making  estimates  of 
tax  sales  provided  for  in  section  3817  of  this  code  the  sum  of  twenty- 
five  cents  for  each  tax  sale  if  the  property  is  delinquent  for  two  years 
or  less;  the  sum  of  fifty  cents  for  each  sale  if  the  property  is  delin- 
quent for  more  than  two  years.  If  said  estimates  are  returned  to  the 
auditor   and   redemptions    made   within   thirty   days   from   date   of   issue 


743  POLITICAL  CODE,  §  4257 

auti  prior  to  the  change  of  penalty,  as  provided  for  in  section  number 
3817  of  tliis  code,  the  aniouut  charged  for  making  said  estimates  shall 
be  refunded  to  the  redemptiouer.  If  the  redemption  is  not  made  as 
herein  provided  then  the  sum  charged  for  making  the  estimate  shall 
be  retained  by  said  auditor  for  his  services  of  making  said  estimate. 

Treasurer. 

5.  The  treasurer,  twenty-four  hundred  dollars  per  annum;  provided, 
that  all  commissions  received  by  the  treasurer  on  the  collection  of  in- 
heritance taxes  shall  be  paid  into  the  county  treasury. 

Tax  and  license  collector. 

6.  The  tax  and  license  collector,  two  thousand  dollars  per  annum; 
provided,  that  one-half  of  all  commissions  received  by  the  tax  collector 
on  the  collection  of  licenses  shall  be  paid  into  the  county  treasury. 

Assessor. 

7.  The  assessor,  twenty-four  hundred  dollars  per  annum,  and  he  is 
hereby  allowed  in  addition  thereto  ten  deputies,  to  be  appointed  by 
him,  who  shall  each  receive  not  to  exceed  four  dollars  per  day  while 
engaged  in  the  performance  of  their  duties;  provided,  that  the  amount 
paid  for  services  of  deputy  assessors  shall  not  exceed  twenty-four 
hundred  dollars  in  any  one  year;  provided,  that  all  commissions  received 
by  the  assessor  on  the  collection  of  personal  property  taxes  shall  be 
paid  into  the  county  treasury. 

District  attorney. 

8.  The  district  attorney,  twenty-one  hundred  dollars  per  annum,  and. 
he  is  hereby  allowed  in  addition  thereto  one  deputy  appointed  by  him, 
who  shall  receive  nine  hundred  dollars  per  annum;  provided,  that  the 
district  attorney  is  entitled  to  receive  and  retain  for  his  own  use  fifteen 
dollars  to  be  taxed  as  costs  for  each  suit  brought  under  the  provisions 
of  article  6,  chapter  1,  title  8,  of  part  3  of  the  Political  Code. 

Coroner. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

Public  administrator. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

Superintendent  of  schools. 

11.  The  superintendent  of  schools,  eighteen  hundred  dollars  per  an- 
num, and  necessary  expenses  for  traveling  in  visiting  schools  in  the 
county,  to  be  allowed  by  the  supervisors  of  the  county;  and  there  shall 
be,  and  there  is  allowed  to  the  superintendent  in  addition,  a  clerk  or 
bookkeeper,  who  shall  be  appointed  by  the  superintendent  of  schools, 
who    shall    be    paid    a    salary    of    six    hundred    dollars    per    annum,    said 


§  4257  POLITICAL   CODE.  7rl4 

salary  to  be  paid  by  such  county  in  monthly  installments  at  the  time 
and  in  the  manner  and  out  of  the  same  fund  as  the  salaries  of  county 
officers  are  paid. 

Surveyor, 

12.  The  surveyor,  ten  dollars  per  day  for  all  work  performed  for  the 
county,  and,  in  addition  thereto,  all  necessary  expenses  and  transporta- 
tion for  work  performed  in  the  field,  which  per  diem  and  expenses  shall 
be  in  lieu  of  all  fees  and  per  diem  heretofore  allowed  by  law. 

Townships,  how  classified. 

13.  For  the  purpose  of  regulating  the  compensation  of  justices  of  the 
peace  and  constables,  townships  in  this  class  of  counties  are  hereby 
classified  according  to  their  population,  as  shown  by  the  federal  census 
of  1910,  as  follows:  Townshijis  having  a  population  of  three  thousand 
and  more  shall  belong  to  and  be  known  as  townships  of  the  first 
class;  townships  having  a  population  of  two  thousand  five  hundred 
and  less  than  three  thousand  shall  belong  to  and  be  known  as  town- 
ships of  the  second  class;  townships  having  a  population  of  one  thou- 
sand eight  hundred  and  less  than  two  thousand  five  hundred  shall 
belong  to  and  be  known  as  townships  of  the  third  class;  townships  hav- 
ing a  population  of  fourteen  hundred  twenty-five  and  less  than  fourteen 
hundred  fifty  shall  belong  to  and  be  known  as  townships  of  the  fourth 
class;  townships  having  a  population  of  fourteen  hundred  fifty  and  less 
than  eighteen  hundred  shall  belong  to  and  be  known  as  townships  of 
the  fifth  class,  and  townshi]is  liaviiig  a  population  of  less  than  fourteen 
hundred  twenty-five  shall  belong  to  and  be  known  as  townships  of  the 
sixth   class. 

Justices  of  the  peace. 

14.  Justices  of  the  peace  shall  receive  the  following  salaries,  which 
shall  be  paid  monthly,  in  the  same  manner  as  the  salaries  of  county 
officers  are  paid,  out  of  the  general  fund  of  the  county,  and  which  shall 
be  in  full  for  all  services  rendered  by  them  in  criminal  cases,  to  wit: 
In  townships  of  the  first  class,  eighty  five  dollars  per  month;  in  town- 
ships of  the  second  class,  seventy-five  dollars  per  month;  in  townships 
of  the  third  class,  seventy-five  dollars  per  month;  in  townships  of  the 
fourth  class,  seventy-five  dollars  per  month;  in  townships  of  the  fifth 
class,  fifteen  dollars  per  month;  and  in  townships  of  the  sixth  class, 
fifteen  dollars  per  month.  In  addition  to  the  monthly  salaries  herein 
allowed  for  services  in  criminal  actions,  cases  and  examinations,  each 
justice  of  the  peace  may.  for  his  own  use,  collect  the  following  fees, 
and  no  other,  in  civil  actions: 

Each  justice  of  the  peace  shall  be  allowed,  in  civil  actions  before 
him,  for  all  services  to  be  performed  by  him  before  trial,  three  dollars; 
and  for  the  trial,  and  all  proceedings  subsequent  thereto,  including  all 
affidavits,  swearing  of  witnesses  and  jury,  and  the  entry  of  judgment 
and  issue  of  execution  thereon,  four  dollars;   and  fifteen  cents  for  each 


745  POLITICAL   CODE.  §  4257 

hour  actually  engaged  in  such  trial  after  the  expiration  of  eight  hours; 
and  in  all  cases  where  judgment  is  rendered  by  default  or  confession, 
for  all  services,  including  execution  and  satisfaction  of  judgment,  three 
dollars. 

For  certificate  and  transmitting  transcript  and  papers  on  appeal,  one 
dollar. 

For  copies  of  papers  on  docket,  per  folio,  ten  cents. 

For  issuing  search-warrant,  to  be  paid  by  the  party  demanding  same, 
fifty  cents. 

For  celebrating  a  marriage  and  returning  a  certificate  thereof  to  the 
county  recorder,  three  dollars. 

For  taking  an  acknowledgment  of  any  instrument,  for  the  first  name, 
fifty  cents;  for  each  additional  name,  twenty-five  cents. 

For  taking  depositions,  per  folio,  fifteen   cents. 

For  all  services  connected  with  the  posting  of  estrays,  one  dollar. 

In  cases  before  the  justice  of  the  peace,  when  the  venue  shall  be 
changed,  the  justice  before  whom  the  action  shall  be  brought,  for  all 
services  rendered,  including  the  making  up  and  transmission  of  the 
transcript  and  papers,  shall  receive  three  dollars;  and  the  justice  of 
the  peace  before  whom  the  trial  shall  take  place  shall  receive  the  same 
fees  as  if  the  action  had  been  commenced  before  him. 

For  performing  the  duties  of  coroner,  when  that  coroner  fails  to  act, 
the  same  fees  and  mileage  as  are  allowed  the  coroner  in  like  eases. 

For  issuing  each  pro<!ess,  writ,  order,  or  paper  required  by  law  to  be 
issued  not   otherwise   provided   for,   twentj'-five  cents. 

For  each  certificate  or  affidavit  not  otherwise  herein  provided  for, 
twenty-five   cents. 

For  administering  oath  or  affirmation  not  otherwise  herein  provided 
for,  twenty-five  cents. 

For  taking  and  approving  bond  or  undertaking,  including  the  justifi- 
cation of  sureties,  fifty  cents. 

Constables. 

15.  Constables  shall  receive  the  following  salaries,  which  shall  be  paid 
monthly,  in  the  same  manner  as  the  salaries  of  county  officers  are  paid 
out  of  the  general  fund  of  the  county,  and  which  shall  be  in  full  of  all 
services  rendered  b}^  them  in  criminal  cases,  to  wit:  In  townships  of  the 
first  class,  one  hundred  dollars  per  month;  in  townships  of  the  second 
class,  seventy-five  dollars  per  month;  in  townships  of  the  third  class, 
seventy-five  dollars  per  month;  in  townships  of  the  fourth  class,  seventy- 
five  dollars  per  month;  in  townships  of  the  fifth  class,  fifteen  dollars 
per  month;  and  in  townships  of  the  sixth  class,  fifteen  dollars  per  month. 
In  addition  to  the  monthly  salaries  herein  allowed  for  services  in  crim- 
inal actions,  cases  and  proceedings,  each  constable  shall  also  be  allowed 
all  necessary  expenses  actually  and  properly  incurred,  in  arresting  and 
conveying  prisoners  to  court  or  to  prison,  and  also  all  necessary  expenses 
actually  incurred  in  the  transportation  of  prisoners  from  prison  to  court, 


§  4257  POLITICAL   CODE.  746 

and  the  return  of  said  prisoner  to  prison;  and  shall  be  allowed,  also, 
for  each  mile  actually  traveled,  both  in  going  and  coming,  in  the  service 
of  subpoenas,  in  criminal  actions,  per  mile,  ten  cents;  which  said  ex- 
penses and  mileage  shall  be  audited  and  allowed  by  the  board  of  super- 
visors as  other  claims  against  the  county  are  audited  and  allowed,  and 
shall  be  paid  out  of  the  county  treasury. 

In  addition  to  the  monthly  salaries  herein  allowed  for  services  in  crim- 
inal actions  and  cases,  each  constable  may,  for  his  own  use,  collect  the 
following  fees,  and  no  others,  in  civil  actions: 

For  serving  summons  and  complaint,  for  each  defendant  served,  fifty 
cents. 

For  each  copy  of  summons  for  service,  when  actually  made  by  him, 
twenty-five  cents. 

For  levying  writ  of  attachment  or  execution,  or  executing  order  of 
arrest,  or  for  the  delivery  of  personal   property,  one  dollar. 

For  serving  writ  of  attachment  or  execution  on  any  ship,  boat  or  ves- 
sel, three  dollars. 

For  keeping  personal  property,  such  sum  as  the  court  may  order;  but 
no  more  than  one  dollar  and  fifty  cents  per  day  shall  be  allowed  for  a 
keeper  when  necessarily  employed. 

For  taking  bond  or  undertaking,  fifty  cents. 

For  copies  of  writs  and  other  papers,  except  summons,  complaint  and 
subpoenas,  per  folio,  ten  cents;  provided,  that  when  correct  copies  are 
furnished  to  him  for  use,  no  charge  shall  be  made  for  such  copies. 

For  serving  any  writ,  notice,  or  order,  except  summons,  complaint  and 
subpoenas,  for  each  person  served,  fifty  cents. 

For  writing  and  j)osting  each  notice  of  sale  of  property,  fifty  cents. 

For   furnishing   notice    for    publication,    twenty-five    cents. 

For  serving  subpoenas,  each  witness,  including  copy,  twenty-five  cents. 

For  collecting  money  on  execution,  one  and  one-half  per  cent. 

For  executing  and  delivering  certificate  of  sale,  fifty  cents. 

For  executing  and  delivering  constable's  deed,  one  dollar  and  fifty 
cents. 

For  each  mile  actually  traveled  within  his  township  in  the  service  of 
any  writ,  order,  or  paper,  in  civil  actions,  in  going  only,  per  mile,  twenty- 
five  cents. 

For  traveling  outside  of  his  township  to  serve  such  writ,  order,  or 
paper,  in  civil  actions,  in  going  only,  twenty  five  cents  per  mile;  pro- 
vided, that  a  constable  shall  not  be  required  to  travel  outside  of  his 
township  to  serve  any  civil  process,  order,  or  paper.  No  constructive 
mileage  shall  be  charged,  allowed,  or  paid  in  criminal  or  civil  cases. 

For  each  day's  attendance  in  court,  in  civil  cases,  three  dollars  per 
day. 

For  executing  a  search-warant,  two  dollars;  and  for  each  mile  neces- 
sarily traveled  within  his  county  in  executing  a  search-warrant,  both 
in  going  and  returning  from  the  place  of  search,  fifteen  cents;  said  fee 
and  mileage  to  be  paid  by  the  party  demanding  the  search. 


747  POLITICAL   CODE.  ,  §  4257 

For  summoning  a  .iury,  in  civil  cases,  two  dollars,   including  mileage. 

For  commissions  for  receiving  and  paying  over  money  on  execution 
without  levy,  or  when  the  goods  or  land  levied  on  shall  not  be  sold,  one 
per  cent.  The  fees  herein  allowed  for  the  levy  of  an  execution,  and 
for  making  or  collecting  the  mone}'  on  execution,  shall  be  collected  from 
the  judgment  debtor,  by  virtue  of  such  execution,  in  the  same  manner 
as  the  sum  herein  directed  to  be  paid. 

Population,  how  ascertained. 

16.  It  is  expressly  provided  that  in  counties  of  this  class,  where  a 
township  has  been  created,  or  may  hereafter  be  created  out  of  any 
township,  the  population  of  which  is  shown  in  the  federal  census  of 
1910,  the  population  of  the  newly  created  township  and  the  population  of 
the  township  from  which  the  newly  created  township  was  taken  shall  be 
separately  ascertained  and  determined  by  the  board  of  supervisors  in  the 
following  manner:  By  appointing  a  suitable  person  in  each  of  such  town- 
ships to  take  said  census  and  said  census  shall  be  taken  by  said  person 
so  appointed  of  all  the  inhabitants  of  each  of  said  townships;  the  full 
name  of  each  person  shall  be  fully  written,  the  names  alphabetically  and 
regularly  numbered  in  one  complete  scries,  and  when  completed  shall  be 
verified  before  any  officer  authorized  to  administer  oaths  and  be  filed  with 
the  county  clerk  and  thereupon  the  same  shall  be  the  official  census  of 
said  township  or  townships.  The  expense  of  taking  said  census  shall 
be  a  county  charge.  From  the  taking  of  such  census  the  salary  of  the 
justices  of  the  peace  and  of  the  constables  of  the  newly  created  township 
and  of  the  township  from  which  the  newly  created  township  was  taken, 
shall  be  estimated  and  paid  on  the  basis  of  the  classification  herein- 
before given  under  the  federal  census  of  1910  pro  rata  according  to 
the  population  of  the  newly  created  and  former  township  as  shown 
by  the  census  taken  as  hereinbefore  provided  to  be  ascertained  and 
determined  by  the  board  of  supervisors. 

County  officers  must,  and. township  officers  may,  demand  the  payment 
of  all  fees  in  advance. 

Justices  of  the  peace  shall,  on  or  before  the  first  Monday  of  each 
month,  pay  into  the  county  treasury  all  moneys  collected  by  them  on 
fines  imposed  and  collected  and  all  moneys  belonging  to  the  county  com- 
ing from  any  source. 

Supervisors. 

17.  Each  member  of  the  board  of  supervisors,  fifteen  hundred  dollars 
per  annum  and  ten  cents  per  mile,  one  way,  between  residence  and 
county  seat,  in  attending  upon  all  regular,  special  or  adjourned  meet- 
ings of  the  board  of  supervisors;  provided,  that  the  chairman  of  the 
board  of  supervisors  may  receive  twenty-five  cents  per  mile,  one  way, 
between  residence  and  the  county  seat,  when  attending  at  the  county 
seat  for  the  single  purpose  of  counting  the  money  in  the  county  treas- 
ury as  required  by  law. 


§  4258  ^  POLITICAL   CODE.  748 

Fees,  jurors. 

18.  Grand  jurors,  or  trial  jurors  in  criminal  cases  in  the  superior  court 
shall  receive,  as  compensation  for  each  clay's  attendance,  per  day  three 
dollars,  for  each  mile  actually  traveled  in  attending  court  as  a  grand 
juror  or  juror  at  a  criminal  case,  in  the  superior  court  in  going  only, 
per  mile  fifteen  cents.  The  county  clerk  shall  certify  to  the  auditor 
the  number  of  days'  attendance  and  the  number  of  miles  traveled  by 
each  juror  and  the  auditor  shall  draw  his  warrant  for  the  amount  to 
which  each  juror  is  entitled,  and  the  treasurer  shall   pay  the  same. 

Additional  deputies  where  number  of  judges  increased. 

19.  It  is  expressly  provided  that  in  counties  of  this  class  where  the 
number  of  judges  of  the  Buperior  court  shall  have  been  increased  since 
the  first  day  of  January,  1897,  or  shall  hereafter  be  increaseil,  there 
must  be  and  there  hereby  is  allowed  to  the  sheriff  of  such  county, 
by  reason  of  such  increase,  one  additional  deputy,  to  be  appointed 
by  the  sheriff,  at  a  salary  not  exceeding  twelve  hundred  dollars  per 
annum,  to  be  paid  at  the  same  time  ancl  in  the  same  manner  as  other 
county  officers  are  paid,  and  also  there  must  be  and  is  hereby  allowed 
to  the  county  clerk  of  such  county,  one  additional  deputy  to  act  as 
courtroom  clerk,  for  each  judge  so  appointed  or  elected,  at  a  salary  not 
exceeding  twelve  hundred  dollars  ]ii>r  annum  for  each  of  said  deputies, 
to  be  paid  at  the  same  time  and  in  the  same  manner  as  county  officers 
are  paid. 

Time  of  taking  effect. 

Sec.  2.  As  to  subdivisions  .^,  6.  7,  12,  13,  14,  15.  16,  and  19  this  act 
shall  take  effect  immedisitely ;  as  to  all  other  subdivisions  thereof  it 
shall  not  take  effect  until  the  expiration  of  the  present  terms  of  the 
officers  hereinbefore  enumerated.  [Amendment  approved  April  29,  1911; 
Stats.  1911,  p.  12.30.] 

There  was  another  §  4257  adapted  at  the  same  session  of  the  legislature.     See 

Stats.   1911,  p.   197. 

Counties,  twenty-ninth  class — SlskiyoiL     Salaries  of  officers. 

§  4258.  In  counties  of  the  twenty-ninth  class,  the  county  officers  shall 
receive,  as  ooinponsation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  three  thousand  five  hundred  dollars  per  annum. 

2.  The  sheriff,  six  thousand  dollars  per  annum. 

3.  The  recorder,  thirty-five   hundred   dollars  per   annum. 

4.  The  auditor,  two  thousand  dollars  per  annum. 

5.  The  treasurer,  eighteen  hundred  dollars  per  annum. 
C.  The  tax  collector,  fifteen  hundred  dollars  per  annum. 

7.  The  assessor,  four  thousand  dollars  per  annum. 

8.  The  district   attorney,  two  thousand   dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 


749  POLITICAL  CODE.  §  4258 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

11.  The  superintendent  of  schools,  two  thousand  dollars  per  annum, 
and  his  reasonable  traveling  expenses  incurred  in  visiting  schools  of  the 
county,  to  be  fixed  and  allowed  by  the  board  of  supervisors,  not  to  ex- 
ceed tlie  sum  of  five  hundred  dollars  per  annum;  provided,  he  shall 
devote  his  entire  time  to  the  duties  of  said  office. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law;  provided,  he  shall  be  given  all  work  for  the  county  in  which 
the  county  employs  a  surveyor  or  civil  engineer;  and  provided,  further, 
that  it  shall  be  the  duty  of  the  board  of  supervisors  of  counties  of  this 
class  to  so  employ  him. 

13.  Justices  of  the  peace  in  townships  having  a  population  of  fifteen 
hundred,  or  more,  shall  receive  a  monthly  salary  of  forty  dollars  per 
month;  in  townships  having  a  population  of  one  thousand  or  less  than 
fifteen  hundred  shall  receive  a  salary  of  thirty  dollars  per  month,  and 
in  townships  having  a  population  of  less  than  one  thousand,  shall  receive 
a  salary  of  ten  dollars  i)er  month,  and  all  justices  shall  make  monthly 
reports  and  pay  all  fines  to  county  every  month. 

14.  Constables,  in  townships  having  a  population  of  two  thousand  or 
more,  shall  receive  a  monthly  salary  of  fifty  dollars  per  month;  in  town- 
ships having  a  population  of  one  thousand  or  less  than  two  thousand, 
shall  receive  a  salary  of  forty  dollars  per  month  and  in  townships  having 
a  population  of  less  than  one  thousand  shall  receive  a  salary  of  twenty 
dollars  per  month.  Constables  shall  also  receive  actual  traveling  expenses 
in  transporting  prisoners  to  the  county  jail.  The  salaries  of  township 
officers,  herein  provided  for,  shall  be  paid  monthly,  in  the  same  manner 
as  the  salaries  of  the  county  officers  are  paid,  and  shall  be  in  full  com- 
pensation for  all  services  rendered  by  them  in  criminal  cases.  In  civil 
cases  they  may  retain  the  fees  that  are  now  or  may  hereafter  be  allowed 
by  law. 

15.  The  meetings  of  the  board  of  supervisors  shall  be  monthly  and 
be  held  on  the  first  Monday  of  each  and  everj'  month.  Each  member 
of  the  board  of  supervisors  is  to  receive  a  salary  of  one  thousand  dollars 
per  annum  and  mileage  at  the  rate  of  twenty  cents  per  mile  from  his 
home  to  and  from  county  seat. 

16.  In  counties  of  this  class  the  official  reporter  of  the  superior  court 
shall  receive,  as  full  compensation  for  taking  notes  in  civil  and  criminal 
cases  tried  in  said  court,  and  when  requested  by  the  district  attorney, 
for  preliminary  examinations  in  justice's  court,  a  monthly  salary  of  one 
hundred  dollars  payable  out  of  the  county  treasury,  at  the  same  time 
and  in  the  same  manner  as  the  salaries  of  county  officers;  and  for 
transcription  of  said  notes,  when  required,  he  shall  receive  the  sum  of 
ten  cents  per  folio  for  the  original  and  five  cents  per  folio  for  a  copy; 
said  compensation  for  a  transcription  in  criminal  cases  to  be  audited  and 
allowed  by  the  board  of  supervisors  as  other  claims  against  the  county, 
and  paid  out  of  the  county  treasury  and  in  civil  cases  to  be  paid  by  the 


§  4259  POLITICAL   CODE.  750 

party  ordering  the  same,  or,  when  ordered  by  the  judge,  by  either  part}', 
or  jointly  by  both  parties,  as  the  court  may  direct. 

17.  Grand  jurors  or  trial  jurors  in  criminal  cases  in  the  superior  court 
shall  receive,  as  compensation  for  each  day's  attendance,  per  day  two 
dollars  and  fifty  cents,  and  for  each  mile  actually  traveled  in  attending 
court  as  a  grand  juror  or  juror  at  a  criminal  ease,  in  the  superior  court 
in  going  onl}',  per  mile  fifteen  cents.  The  county  clerk  shall  certify  to 
the  auditor  the  number  of  da^'s'  attendance  and  the  number  of  miles 
traveled  by  each  juror,  and  the  auditor  shall  draw  his  warrant  for  the 
amount  to  which  each  juror  is  entitled,  and  the  treasurer  shall  pay  the 
same.     [Amendment   approved   April   6,   1911;   Stats.   1911,   p.   699.] 

There    was   another    §  4258    adopted    at    the    same    session.      See    Stats.    1911, 
p.   201. 

Counties,  thirtieth  class — Ventura.     Salaries  of  officers, 

§  4259.  In  counties  of  the  thirtieth  class  the  county  officers  shall 
receive  as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices  the  following  salaries,  to  wit: 

County  clerk. 

1.  The  county  clerk,  two  thousand  five  hundred  ($2,500)  per  annum; 
provided,  that  in  counties  of  this  class  there  shall  be,  and  there  hereby 
is,  allowed  to  the  county  clerk  the  following  deputies,  who  shall  be  aj'- 
pointed  by  the  county  clerk  and  who  shall  be  paid  salaries  as  follows:  one 
chief  deputy  clerk,  at  a  salary  of  one  hundred  dollars  ($100)  per  month, 
one  deputy  clerk  at  a  salary  of  fifty  dollars  ($50)  per  month.  The  sal- 
aries of  the  deputies  hereinabove  provided  for  shall  be  paid  by  the 
county  in  monthly  installments,  at  the  time  and  in  the  manner,  and  out 
of  the  same  fund  as  the  salaries  of  other  county  officers  are  paid. 

Sheriff, 

2.  The  sheriff,  four  thousand  dollars  ($4,000)  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  there  hereby  is  allowed 
to  the  sheriff  the  following  deputies,  who  shall  be  appointed  by  the 
sheriff  and  shall  be  paid  salaries  as  follows,  to  wit:  one  under-sheriff 
at  a  salary  of  one  hundred  fifty  ($150)  per  month,  one  deputy  sheriff  at 
a  salary  of  one  hundred  dollars  ($100)  per  month,  and  one  deputy  sheriff 
at  fifty  dollars  ($50)  per  month,  who  shall  be  head  jailer  at  the  county 
jail  in  said  county;  provided,  that  if  the  sheriff  shall  not  be  allowed 
the  privilege  of  boarding  the  prisoners  as  heretofore  provided,  in  this 
county,  then  the  deputy  who  shall  be  head  jailer  shall  receive  the 
salary  of  seventy-five  dollars  ($75)  per  montli;  said  sheriff  and  his 
deputies  shall  be  allowed  their  actual  traveling  expenses  in  the  perform- 
ance of  their  duties,  but  no  other  fees  or  mileage  of  any  nature  or 
kind  shall  be  allowed  in  civil  or  criminal  matters,  all  fees  of  every 
nature  and  kind  collected  by  the  sheriff  shall  be  turned  in  to  the  county 
treasurer.  The  salaries  of  the  deputies  hereinbefore  provided  shall  be 
paid  in  monthly  installments  by  said  county,  at  the  same  time  and  man- 


751  POLITICAL   CODE.  §  4259 

ner  and   out   of  tlie   same   fund   as   tlie   salaries   of   other   county   officers 
are  paid.  , 

• 
Kecorder. 

3.  The  recorder,  three  thousand  dollars  ($3,000)  per  annum;  provided, 
that  in  counties  of  this  class,  there  shall  be  and  there  is  hereby  allowed 
to  the  recorder  one  copyist  who  shall  be  appointed  by  the  recorder  of 
said  count}',  who  shall  be  paid  a  salary  of  fifty  dollars  ($50)  per  month, 
which  salary  shall  be  paid  b}'  said  county  in  monthly  installments,  at 
the  same  time  and  in  the  same  manner  and  out  of  the  same  fund  as  the 
salaries  of  other  county  officers  are  paid. 

Auditor. 

4.  The  auditor  eighteen  hundred   dollars   ($1800)    per   annum. 

Tax  collector. 

5.  The  tax  collector,  twenty-one  hundred  dollars  ($2100)  per  annum; 
provided,  that  in  counties  of  this  class,  there  shall  be  and  there  hereby 
is  allowed  to  the  tax  collector  a  deputy  to  be  appointed  by  the  tax 
collector,  who  shall  receive  a  salary  of  sixty-five  dollars  ($65)  per  month 
for  four  months  in  the  j'ear,  which  salary  shall  be  paid  by  said  county 
in  monthly  installments,  during  said  period  of  four  months,  at  the  same 
time  and  in  the  same  manner  and  out  of  the  same  fund  as  the  salaries 
of  other  county  officers  are  paid. 

Assessor. 

6.  The  assessor,  three  thousand  six  hundred  dollars  per  annum;  and 
said  assessor  may  appoint  one  deputy  assessor,  who  shall  receive  a 
salary  of  twelve  hundred  dollars  per  annum;  also  five  deputy  assessors, 
who  shall  serve  as  sueli  only  during  the  months  of  March,  April,  May 
and  June  of  each  year,  who  shall  receive  a  salary  of  four  dollars  per 
day;  said  salary  shall  be  paid  b}-  said  county  in  monthly  installments 
and  at  the  same  time  and  in  the  same  manner  and  out  of  the  same 
fund  as  the  salaries  of  other  county  officers  are  paid;  provided,  however, 
that  the  above  salaries  and  compensations  shall  be  in  full  for  all  services 
rendered  by  him  in  his  capacity  as  such  assessor,  and  that  no  commis- 
sions now  or  hereafter  allowed  by  law  shall  be  retained  by  him,  but 
that  all  such  commissions  shall  be  paid  into  the  county  treasury,  and 
said  assessor  shall  receive  no  compensation  for  the  preparation  of  the 
military-roll  of  this  county. 

Treasurer. 

7.  The  county  treasurer,  twenty-one  hundred  dollars  ($2100)  per  an- 
num; provided,  that  all  commissions  received  by  the  treasurer  on  the 
collection  of  inheritance  taxes  shall  be  paid  into  the  county  treasury. 

District  attorney. 

S.  The  district  attorney,  twerty-five  hundred  dollars  ($2500)  per  an- 
num; provided,  that  in  counties  of   this   class   there  shall  be  and   there 


§  4259  POLITICAL   CODE.  '  752 

hereby  is  allowed  to  the  district  attorney  a  deputy,  who  shall  be 
appointed  by  the  district  attorney  of  said  county, , and"  whose  salary  is 
hereby  fixed  at  the  sum  of  seven  hundred  and'  e'ighty  dollars  ($fSO) 
per  annum,  which  shall  be  paid  by  said  county  in  equal  monthly  in- 
stallments at  the  same  time  and  in  the  same  manner  and  out  of  the 
same  fund  as  is  the  salary  of  the  district  attorney;  provided,  further, 
that  nothing  herein  contained  shall  be  construed  to  prevent  the  board 
of  supervisors  of  said  counties  of  this  class  from  emjdoyiug  special 
counsel  when,  in  the  judgment  of  said  board,  the  interest  of  said 
counties  requires  it. 

Coroner. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

Public  administrator. 

10.  I'ublic  administrator,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

Superintendent  of  schools. 

11.  The  .-ujicrintciideiit  of  schools,  twenty-one  hundred  dollars  ($2100) 
per  annum.  His  office  shall  be  kept  open  on  all  business  davs  from  9 
A.  M.  to  12  M..  and  from  1  P.  M.  to  4  P.  M.  He  shall  be  allowed 
his  actual  traveling  expenses,  when  visiting  the  schools  of  this  county 
and  such  per  diem  as  is  now  or  may  hereafter  be  allowed  by  law  for 
services  as  a  member  of  the  county  board  of  education;  provided,  that 
in  counties  of  this  class  there  shall  be  and  there  hereby  is  allowed 
to  the  superintendent  of  schools  a  deputy,  to  be  appointed  by  the  super- 
intendent of  schools,  who  shall  receive  from  the  county  a  salary  of 
sixty-five  dollars  per  month,  to  be  paid  by  the  county  in  monthly  in- 
stallments at  the  same  time  and  in  the  same  manner  and  out  or  the 
same  funds  as  is  the  salary  of  the  supy>rintendent  of  schools. 

Surveyor. 

12.  The  county  surveyor,  twenty-five  hundred  dollars  ($2500)  per  an- 
num; and  in  addition  thereto  all  necessary  expenses  and  transportation 
for  work  performed  in  the  field,  and  all  necessary  expenses  for  searching' 
record  and  compiling  assessor's  maps;  provide<l,  that  in  counties  of  this 
class  the  board  of  sujiervisors  may  allow  the  surveyor  additional  help 
when  in  its  judgment  the  work  of  ofliee  demands  it;  and  the  expense  of 
such  additional  help  to  be  paid  out  of  the  county  treasury  upon  county 
demands  filed  with  and  allowed  by  the  board  of  supervisors. 

Board  of  education. 

i;^.  In  counties  of  this  class,  each  member  of  the  county  board  of 
education  shall  receive  five  dollars  for  each  day  the  board  of  education 
is  in  session,  not  to  exceed  a  total  of  three  hundred  and  fifty  dollars 
per  annum.  In  addition  each  member  shall  receive  the  same  mileage 
as  is  allowed  the  members  of  the  board  of  supervisors  of  said  county. 


753  POLITICAL  CODE.  §  4259 

Compensation  of  the  members  of  the  county  board  of  education  shall 
be  payable  out  of  the  same  funds  and  in  the  same  manner  as  is  the 
salary  of  the  county  superintendent  of  schools. 

Justices  of  the  peace. 

14.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries, 
to  be  paid  each  month  as  salaries  of  other  county  officers  are  paid, 
which  shall  be  in  full  for  all  services  rendered  in  both  civil  and  criminal 
cases:  in  townships  where  the  population  is  four  thousand  or  more,  one 
hundred  and  fifty  dollars  ($150)  per  month,  and  said  justice  of  the 
peace  shall  be  furnished  with  offices  and  necessary  supplies  by  the  board 
of  supervisors  of  said  county;  in  townships  where  the  population  is 
two  thousand  and  less  than  four  thousand,  eighty  dollars  ($S0)  per 
month;  in  townships  where  the  population  is  one  thousand  and  less  than 
two  thousand,  forty  dollars  ($40)  per  month;  in  townships  where  the 
poinilation  is  less  than  one  thousand,  twenty  dollars  ($20)  per  month; 
provided,  that  the  justice  of  the  peace  shall,  before  receiving  his 
monthly  salary,  file  with  the  auditor  a  statement  of  all  fines  received, 
together  with  the  treasurer's  receipt  for  same;  provided,  further,  that 
no  justice  of  the  peace  shall  hold  the  office  of  city  recorder. 

Constables. 

15.  Constables  shall  receive  the  following  monthly  salaries  to  be  paid 
each  month  as  salaries  of  county  officers  are  paid;  which  shall  be  in  full 
for  all  services  rendered  by  them  in  criminal  cases:  in  townships  where 
the  population  is  four  thousand  or  more,  eighty  dollars  ($80)  per  month; 
in  townships  where  the  population  is  tw-o  thousand  and  less  than  four 
thousand,  seventy  dollars  ($70)  per  month;  in  townships  where  the 
population  is  one  thousand  and  less  than  two  thousand,  fifty  dollars  ($50) 
per  mouth;  in  townships  where  the  population  is  less  than  one  thousand, 
twenty-five  dollars  ($25)  per  month.  In  addition  to  the  monthly  salary 
herein  allowed,  each  constable  may  retain  for  his  own  use  such  fees  as 
are  now  or  may  hereafter  be  allowed  hy  law  for  all  services  rendered 
by  him  in  civil  actions,  and  shall  also  be  allowed  all  necessary  expenses 
actually  incurred  in  arresting  or  conveying  prisoners  to  court  or  to 
prison,  which  said  expenses  shall  be  audited  and  allowed  by  the  board 
of  supervisors  and  paid  out  of  the  county  treasury. 

Population,  how  ascertained. 

16.  For  the  purposes  of  subdivisions  14  and  15  of  this  section,  the 
population  of  the  several  judicial  townships  shall  be  ascertained  by  the 
board  of  supervisors  by  multiplying  by  three  (3)  the  vote  for  governor 
of  the  state  of  California  cast  in  each  township  at  the  next  preceding 
election. 

Supervisors. 

17.  (Salary  of  supervisors.)  Each  member  of  the  board  of  super- 
visors, twelve  hundred  dollars    ($1200)    per  annum,  and  their   necessary 

48 


§  4260  POLITICAL   CODE,  754 

expenses  when  attending  to  the  business  of  the  county,  other  than  tlie 
meetings  of  the  board  at  the  county  seat,  and  twenty  cents  (20c)  per 
mile  iij  traveling  from  his  residence  to  the  county  seat;  provided,  that 
not  more  than  one  mileage  for  any  one  regular  session  of  the  board  shall 
be  allowed,  and  not  more  than  one  mileage  for  any  special  session  of 
the  board  shall  be  allowed. 

Payable  monthly. 

18.  The  salaries  of  all  county  and  township  officers  and  their  deputies 
shall  be  payable  in  monthly  installments  on  the  first  day  of  each  month. 

Fees,  grand  jurors. 

19.  ^Fees  and  mileage  of  grand  jurors.)  For  acting  as  a  grand  juror 
in  the  superior  court,  for  each  day's  attendance  per  day.  three  dollars 
($3).  For  every  mile  actually  traveled  in  attending  court  as  a  grand 
juror  in  going  only,  twenty-five  cents  (25<^)  per  mile.  [Amendment 
approved  June   16,   1913;   Stats.   1913,   p.   1177.] 

Also   amended   February   28,    1911    (Stats.   1911,   p.   202),   and    April   27.    1911 
(Sfats.    1911,   p.    1140). 

Counties,  thirty-first  class — Placer.     Salaries  of  officers. 

§  4260.  In  counties  of  the  thirty-first  class  the  county  and  town- 
ship olliiers  shall  receive  as  comiicnsation  for  the  services  required  of 
them  by  law,  and  by  virtue  of  their  ofllces  the  following  salaries  and 
Zees,  to  wit: 

1.  The  county  clerk,  three  thousand  two  hundred  and  fifty  dollars 
per  annum;  and  in  each  year  in  whii-h  a  new  and  complete  registration 
of  voters  is  required  by  law,  he  shall  receive  such  additional  amount 
as  shall  be  necosstiry  to  pay  deputy  registration  clerks  for  taking 
affidavits  of  registration  outside  of  the  office  at  the  rate  of  ten  cents 
each,  the  claims  for  which  shall  be  presented  and  allowed  by  the  board 
of  supervisors  as  other  claims  arc  presented  and  allowed;  he  may  also 
appoint  a  deputy  clerk,  which  office  of  deputy  clerk  is  hereby  created, 
whose  salary  shall  be  throe  hundred  dollars  per  annum,  payable  as  the 
salaries  of  all  other  county  officers  are  paid. 

2.  The   sheriff,  six  thousand   dollars   per  annum. 

3.  The  recorder  two  thousand  two  hundred  and  fifty  dollars  per 
annum,  provided,  that  such  recorder  shall  collect  and  pay  into  the 
county  treasury  for  the  use  and  benefit  of  the  county  the  fees  required 
by  law  to  be  so  collected;  and  provided  that  when  the  amount  of  said 
fees  so  collected  shall  amount  to  more  than  two  hundred  dollars  in  any 
one  month,  the  said  recorder  may  receive  and  retain  for  his  own  use 
in  addition  to  his  salary,  one-half  of  all  fees  in  excess  of  two  hundred 
dollars  in  one  month  so  collected;  and  provided  that  in  counties  of  this 
class  the  recorder  may  appoint  two  copyists  for  service  in  his  office, 
which  office  of  copyists  for  the  county  recorder  is  hereby  created,  and 
said  copyists  shall  receive  as  compensation  for  their  services  the  sum 
of   five    hundred   forty   dollars   each   per   aunuui,   to   be   paid   out    of   the 


755  POLITICAL   CODE,  §  4260 

county  treasury  in  equal  monthly  installments  at  the  same  time  and  in 
the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the  recorder 
is  paid. 

4.  The  auditor,  two  thousand  dollars  per  annum. 

5.  The   treasurer,   two   thousand   dollars   per   annum. 

6.  The   tax   collector,   one   thousand   dollars   per   annum. 

7.  The  assessor,  four  thousand  two  hundred  and  fifty  dollars  per 
annum;  provided,  that  in  the  counties  of  this  class  the  assessor  may 
appoint  a  field  dejuity,  which  office  of  field  deputy  is  hereby  created, 
who  shall  hold  office  from  the  first  day  of  March  of  each  year  up  to 
and  including  the  last  day  of  July  of  each  year.  The  salary  of  said 
field  deputy  herein  provided  for  is  fixed  at  the  sum  of  one  hundred 
fifty  dollars  per  month,  to  include  expenses  for  each  month  during 
which  the  said  field  deputy  holds  office,  as  herein  provided.  The  salary 
of  said  field  deputy  shall  be  paid  at  the  same  time,  in  the  same  manner 
and  out  of  the  same  fund  as  the  salaries  of  other  county  officers  are 
paid. 

8.  The  district  attorney,  two  thousand  four  hundred  dollars  per  an- 
num; he  may  also  appoint  a  deputy,  which  office  of  deputy  district  at- 
torney is  hereby  created,  whose  salary  shall  be  one  thousand  dollars 
per  annum,  payable  as  the  salaries  of  other  county  officers  are  paid. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed 
by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  maj'  hereafter 
be  allowed  by  law. 

11.  The  superintendent  of  schools,  eighteen  hundred  dollars  per  an- 
num, including  services  on  the  board  of  education.  He  shall  be  allowed 
his  actual  traveling  expenses  not  to  exceed  three  hundred  dollars  per 
annum;  he  shall  also  be  allowed  one  deputy  whose  salary  shall  be  fifty 
dollars  per  month,  payable  the  same  as  the  salary  of  county  officers; 
provided,  that  he  shall  keep  his  office  open  from  9  o'clock  A.  M.  to 
5   o'clock  P.  M.  of  each  business  day. 

12.  The  surveyor  shall  receive  a  per  diem  of  ten  dollars  for  all  work 
performed  for  the  county,  in  addition  thereto  all  necessary  expenses 
and  transjiortation  on  work  performed  in  the  field. 

13.  The  justices  of  the  peace,  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law;  provided,  that  the  amount  allowed  by  the  board  of 
supervisors  for  services  in  prosecutions  under  section  647  of  the  Penal 
Code,  and  prosecutions  for  fraudulently  evading  or  attempting  to  evade 
the  payment  of  fare  for  traveling  on  any  railroad,  shall  not  exceed 
twenty  dollars  for  any  one  month;  provided,  further,  that  the  amount 
allowed  by  the  board  of  supervisors  for  services  in  prosecutions  of 
misdemeanor  cases  other  than  those  hereinbefore  specified  in  this  sub- 
division, shall  not  exceed  the  sum  of  thirty  dollars  for  any  one  month. 

14.  The  constable  shall  receive  the  following  fees,  to  wit:  for  serving 
summons  and  complaint,  for  each  defendant  served,  one  dollar;  for  each 
copy  of  summons  for  service  w^hen  made  by  him,  twenty-five  cents;  for 


§  4260  POLITICAL   CODE.  756 

levying  writ  of  attachment  or  execution  or  executing  order  of  arrest 
or  for  the  delivery  of  personal  property,  one  dollar;  for  keeping  per 
sonal  property,  such  sum  as  the  court  niaj'  order,  but  no  more  than  two 
dollars  per  day  shall  be  allowed  for  a  keeper  when  necessarily  employed; 
for  taking  bond  or  undertaking,  fift\-  cents;  for  copies  of  writs  and  other 
papers,  except  summons,  complaints  and  subpoenas,  per  folio  ten  cents; 
provided,  that  whei  corrected  copies  are  furnished  him  for  use.  no 
charge  shall  be  made  for  copies,  for  serving  any  writ,  notice  or  order, 
except  summons,  complaint  or  subpoenas,  for  each  person  served,  fifty 
cents;  for  writing  and  posting  each  notice  of  sale  of  property,  twenty- 
five  cents;  for  serving  subpoenas,  each  witness,  including  copy,  twenty- 
five  cents;  for  collecting  money  on  execution,  two  and  one-half  per  cent, 
to  be  charged  against  the  defendant  named  in  the  execution;  for  exe- 
cuting and  delivering  a  certificate  of  sale,  one  dollar;  for  executing 
and  delivering  constable's  deeds,  two  dollars;  for  every  mile  necessarily 
traveled  in  his  township,  in  going  only,  to  serve  any  civil  or  criminal 
process  or  paper,  or  to  take  a  prisoner  before  a  magistrate  or  to  a 
prison,  twenty-five  cents,  outside  of  his  township,  but  within  his  county, 
twenty  cents;  but  when  two  or  more  persons  are  served  or  summoned 
in  the  same  suit  and  at  the  same  time,  mileage  shall  be  charge<l  only 
for  the  more  distant  if  they  live  in  the  same  direction;  for  each  mile 
traveled  outside  his  county  in  making  criminal  arrests,  both  going  and 
returning  from  the  place  of  arrest,  ten  cents;  in  transporting  prisoners 
to  the  county  jail,  or  before  a  magistrate,  either  upon  arrest  or  for  trial 
or  examination,  or  after  conviction,  he  shall  receive  in  addition  to  the 
above  mileage  his  actual  and  necessary  expenses  for  himself  and 
prisoners;  provided,  that  (if]  two  or  more  prisoners  are  transported  at 
the  same  time,  no  more  than  one  mileage  shall  be  allowed;  for  making 
each  arrest  in  criminal  cases,  one  dollar  and  fifty  cents;  for  sales  of 
ostravs.  the  same  fees  as  for  sales  on  execution;  for  summoning  a  iury, 
two  dollars  including  mileage;  for  all  other  services  the  same  fees  as 
are  allowed  sheriffs  for  like  services;  provided,  further,  that  no  more 
than  sixty  dollars  shall  be  allowed  to  any  constable  in  counties  of  this 
class  in  any  one  month  for  feos  and   mileage  in  criminal  matters. 

15.  Each  supervisor,  six  hundred  dollars  -jier  annum,  and  twenty  cents 
per  mile  for  traveling  from  his  residence  to  and  from  the  county  scat; 
provided,  such  mileage  shall  not  be  allowed  more  than  once  a  month; 
and  for  his  services  as  road  commissioner  he  shall  receive  twenty  cents 
a  mile  one  way.  for  all  distances  actually  and  necessarily  traveled  by 
him  in  the  performance  of  his  duties;  provided,  he  shall  not  in  any  one 
vear  receive  more  than  three  hundred  dollars  as  such  road  commissioner. 
The  road  commissioners  shall  be  reimbursed  for  all  traveling,  personal 
and  other  necessary  expenses  while  actually  engaged  in  the  performance 
of  their  duties  upon  the  road;  provided,  that  the  full  amount  of  expenses 
incurred  shall  not  exceed  three  hundred  dollars  in  any  one  year,  to  be 
allowed  as  any  other  claim  by  the  board  of  supervisors. 


757  POLITICAL    CODE.  §  4261 

16.  In  counties  of  this  class  grand  jurors  and  jurors  in  the  superior 
court  shall  receive  for  each  day's  attendance  the  sum  of  three  dollars, 
and  for  each  mile  actually  and  necessarily  traveled  from  residence  to 
county  seat  the  sum  of  twenty-five  cents;  such  mileage  to  be  allowed  but 
once  during  each  session  such  jurors  are  required  to  attend. 

17.  In  counties  of  the  thirty-first  class,  the  sheriff,  county  clerk,  dis 
trict  attorney,  assessor,  tax  collector,  recorder,  coroner,  public  adminis- 
trator, and  each  and  every  juctice  of  the  peace  in  said  counties,  and  each 
and  every  constable  in  said  counties,  shall  make  and  file  with  the  county 
clerk  of  said  county,  on  the  first  day  of  each  year,  a  statement  in  writ- 
ing and  verified  by  the  oath  of  each  official  respectively  making  the 
same,  setting  forth  in  detail  all  fees,  commissions,  percentages,  emolu- 
ments and  moneys  received  for  ofl^cial  services  of  every  kind  and 
description,  during  the  last  preceding  year;  a  failure  so  to  do  shall  be 
and  constitute  a  waiver  of  all  future  fees  to  be  paid  to  and  retained  by 
said  official  as  compensation  and  shall  be  and  constitute  a  bar  to  the 
retention  or  recovery  of  any  fees,  commissions,  or  percentages  for  com- 
pensation.     [Amendment   approved   April   6,   1911;    Stats.    1911,   p.   693.] 

There  was  another  amendment  of  this  section  adopted  at  the   same   session  of 
the   legislature.      See   Stats.    1911,   p.   206. 

Counties,  thirty-second  class — Kings.     Salaries  of  ofacers. 

§  4261.  In  counties  of  the  thirty-second  class,  the  county  officers 
shall  receive  as  compensation  for  their  services  required  of  them  by 
law,  or  by  virtue  of  their  office,  the  following  salary,  or  fees,  to  wit: 

County  clerk. 

1.  The  county  clerk,  two  thousand  five  hundred  dollars  per  annum, 
and  one  deputy  at  a  salary  of  one  thousand  two  hundred  dollars  per 
annum,  and  one  deputy  at  a  salary  of  one  thousand  dollars  per  annum. 
The  salary  of  said  deputies  to  be  payable  monthly  in  the  same  manner 
as  the  salaries  of  the  other  county  officers  are  paid. 

Sheriff. 

2.  The  sheriff,  four  thousand  dollars  per  annum,  and  one  jailer  at  a 
salary  of  one  hundred  dollars  per  month,  and  one  bailiff  at  a  salary  of 
seventy-five  dollars  per  month,  which  ofiice  of  bailiff  is  hereby  created, 
the  salary  of  said  jailer  and  bailiff  payable  monthly  in  the  same  man- 
ner as  the  salaries  of  the  other  county  officers  are  paid. 

Recorder. 

3.  The  recorder,  two  thousand  dollars  per  annum,  and  one  copyist  at 
a  salary  of  eight  hundred  dollars  per  annum,  which  office  of  copyist  is 
hereby  created,  and  one  copj'ist  at  a  salary  of  eight  hundred  dollars 
per  annum,  which  office  of  copyist  is  hereby  created,  the  salary  of  said 
copyists  payable  monthly  in  the  same  manner  as  the  salaries  of  other 
county  officers  are  paid. 


§  4261  POLITICAL  CODE.  758 

Auditor. 

4.  The  auditor,  two  thousand  dollars  per  annum,  and  one  deputy 
during  the  months  of  July,  August,  September,  October,  November  and 
December  of  each  year,  at  a  salary  of  one  hundred  dollars  per  month, 
which  office  of  deputy  auilitor  is  hereby  created,  the  salary  of  said 
deputy  payable  monthly  in  the  same  manner  as  the  salaries  of  other 
county  oflicers  are  paid. 

Treasurer. 

5.  The  treasurer,  two  thousand  dollars  per  annum. 

Tax  collector. 

6.  The  tax  collector  two  thousand  five  hundred  dollars  per  annum, 
and  one  deputy  at  a  salary  of  seventy-five  dollars  per  month,  which 
office  of  deputy  tax  collector  is  hereby  created,  the  salary  of  said 
deputy  pa^-able  monthlj'  in  the  same  manner  as  the  salaries  of  other 
county  officers  are  paid. 

Assessor. 

7.  The  assessor  four  thousand  five  hundred  dollars  per  annum;  one 
chief  deputy,  which  office  of  chief  de[)uty  assessor  is  hereby  created,  at 
a  salary  of  one  thousand  two  hundre<l  dollars  per  annum,  payable 
monthly  in  the  same  manner  as  the  salaries  of  other  county  officers  are 
paid;  and  one  copyist  for  a  period  of  four  months  in  each  year,  which 
office  of  copyist  is  hereby  created,  at  a  salary  of  seventy-five  dollars 
per  month,  payable  during  the  months  of  March,  April,  May  and  .Tune 
of  each  year,  in  the  same  manner  as  the  salaries  of  other  county  officers 
are  paid.  The  assessor  may  also  appoint  such  number  of  additional 
deputies  as  he  shall  deem  necessary,  the  salaries  of  such  additional 
deputies  to  be  paid  by  the  assessor  out  of  his  salary  above  provided  for. 
All  sums  collected  by  the  assessor  or  his  deputies  as  fees  or  commis- 
sions allowed  by  law  for  the  collection  of  personal  property  taxes,  for 
irakiuij  the  luilitary-voll  and  for  commissions  now  or  hereafter  allowed 
by  law  for  the  collection  of  poll  taxes,  shall  be  paid  into  the  county 
treasury,  for  the  use  of  said  county,  monthly  as  collected,  with  a  state- 
ment of  account  of  such  collection. 

District  attorney. 

S.  The  district  attorney,  two  thousand  dollars  per  annum. 

Coroner. 

9.  The  coroner,  such  fees  as  are  now,  or  may  be  hereafter  provided 
by  law. 

Public  administrator. 

10.  The  public  administrator,  such  fees  as  are  now,  or  may  be  here 
after  provided  by  law. 


759  POLITICAL    CODE.  §  4261 

Supcrinteudent  of  schools. 

IL  The  superiiitemlent  of  schools,  one  thousand  eight  hundred  dol- 
lars per  annum,  and  one  clerk,  which  office  of  clerk  to  the  superin- 
tendent of  schools  is  hereby  cre.itcd,  at  a  salary  of  six  hundred  dollars 
per  annum,  payable  monthly  in  the  same  manner  as  the  salaries  of  other 
county  officers   are  paid. 

Surveyor. 

12.  The  surveyofj  such  fees  as  are  now,  or  may  be  hereafter  provided 
by  law. 

Supervisors. 

13.  Supervisors,  each  the  sum  of  eight  hundred  dollars  per  annum, 
in  full  for  all  services  performed  by  them  as  supervisors,  and  as  mem- 
bers of  the  board  of  equalization,  and  road  commissioners,  and  in  any 
and    every   other   capacity. 

Justices  of  the  peace  and  constables. 

14.  In  counties  of  this  class  the  township  officers  shall  receive  the 
following  compensation,  to  wit:  In  townships  having  a  population  of  six 
thousand  or  over,  justices  of  the  peace  shall  receive  a  monthly  salary 
of  seventy-five  dollars,  and  constables  a  monthly  salary  of  one  hun- 
dred dollars  each.  In  townships  having  a  population  of  less  than 
six  thousand  and  over  three  thousand,  each  justice  of  the  peace  shall 
receive  a  monthly  salary  of  fifty  dollars,  and  constables  a  monthly 
salary  of  seventy-five  dollars  each.  In  townships  having  a  population  of 
less  than  three  thousand  and  over  seven  hundred  and  fifty,  each  jus 
tice  of  the  peace  shall  receive  a  monthly  salary  of  thirty-five  dollars, 
and  constables  a  monthly  salary  of  fifty  dollars  each.  In  townships 
having  a  population  of  less  than  seven  hundred  and  fifty,  the  justice  of 
the  peace  shall  receive  a  monthly  salary  of  five  dollars,  and  constables 
a  monthly  salary  of  ten  dollars  each.  The  above-named  salaries  of  jus- 
tices of  the  peace  and  constables  shall  be  in  full  compensation  for 
all  services  of  said  justices  of  the  peace  and  constables  in  criminal 
cases.  They  may  also  retain  for  their  own  use  all  other  fees,  except 
those  in  criminal  cases,  as  are  now  or  may  hereafter  be  provided  by 
law. 

Fees,  jurors. 

1.3.  Grand  jurors  and  jurors  in  the  superior  court  in  criminal  cases 
shall  be  paid  three  dollars  per  day  for  each  day's  attendance,  and  for 
each  mile  actually  traveled  in  going  only  while  acting  as  such  juror 
ten  cents,  and  the  judge  of  said  court  shall  make  an  order  directing 
the  auditor  to  draw  his  warrant  on  the  treasury  in  favor  of  such  juror 
for  said  p«r  diem  and  mileage,  and  the  treasurer  shall  pay  the  same, 
[Amendment  approved  June  16,  1913;  Stats.  1913,  p.  1368.] 

Also   amended    February   28.    1911    (Stats.    1911,   p.   208). 

Citations.      App.    12/546,   547. 


§  4262  POLITICAL   CODE.  760 

Counties,  thirty-third  class — Merced.     Salaries  of  officers. 
County  clerk. 

§  4262.  The  county  clerk  two  thousand  four  hundred  dollars  per  an- 
num; and  provided,  that  in  each  year  in  which  a  new  and  complete 
registration  of  voters  is  required  by  law,  he  shall  receive  the  sum  of 
ten  cents  for  each  elector  registered,  which  amount  shall  be  allowed 
by  the  board  of  supervisors  at  the  close  of  registration  preceding  a 
general  election,  and  paid  from  the  general  fund  of  the  county;  pro- 
vided, further,  that  in  counties  of  this  class  there  shall  be  and  is  hereby 
allowed  the  county  clerk  a  deputy  county  clerk,  who  shall  be  appointed  by 
the  county  clerk  and  who  shall  be  paid  a  salary  of  one  hundred  dol- 
lars per  month;  and  provided,  further,  that  there  shall  be  and  is  hereby 
allowed  to  the  county  clerk  an  additional  deputy  county  clerk  who  shall 
be  appointed  by  the  county  clerk  and  be  paid  a  salary  of  seventy-five 
dollars  per  month,  said  salaries  of  said  deputy  county  clerks  to  be  paid  by 
said  county  in  monthly  installments  at  the  same  time  and  in  the 
same  manner  and  out  of  the  same  fund  as  the  salary  of  the  county  clerk 
is  paid. 

Sheriff. 

2.  The  sheriff,  five  thousand  dollars  per  annum,  and  necessary  ex- 
penses for  pursuing  criminals  or  transacting  any  criminal  business; 
provided,  that  in  counties  of  this  class  there  shall  be  and  is  hereby 
allowed  the  sheriff,  one  deputy,  whose  office  is  hereby  created,  who  shall 
be  a  jailer,  at  a  salary  of  twelve  hundred  dollars  per  year  and  who 
shall  be  appointed  by  the  sheriff.  The  salary  of  said  deputy  herein 
provided  for  shall  be  [aid  by  said  county  in  equal  monthly  installments 
at  the  same  time  and  in  the  same  manner  and  out  of  the  same  fund  as 
the  salary  of  the  sheriff  is  paid. 

Recorder. 

.3.  The  recorder,  twenty-four  hundred  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  is  hereby  allowed 
to  the  recorder  a  copyist,  who  shall  be  appointed  by  the  recorder,  ami 
be  paid  a  salary  of  fifty  dollars  i)er  month;  and  provideil,  further,  that 
said  recorder  shall  be  allowed  two  additional  copyists,  who  shall  be 
appointed  by  the  recorder  and  paid  a  salary  of  fifty  dollars  per  month, 
which  said  salary  paid  to  said  copyists  to  be  paid  by  said  county  in 
monthly  installments  at  the  same  time  and  in  the  same  manner  and 
out  of  the  same  fund  as  the  salary  of  the  recorder  is  paid. 

Auditor. 

4.  The  auditor,  twenty-four  hundred  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  is  hereby  allowed  to 
the  auditor  one  deputy,  which  office  is  hereby  created,  at  a  salary  of 
six  hundred  dollars  jicr  annum,  and  who  shall  be  appointed  by  the 
auditor.  The  salary  of  said  deputy  herein  provided  for  shall  be  paid 
by  said  county  in  equal  monthly  installments  at  the  same  time  and 
in  the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the 
auditor  is  paid. 


761  POLITICAL    CODE,  §  4262 

Treasurer. 

5.  The  treasurer,  twenty-four  hundred  dollars  per  annum. 

Tax  collector. 

(J.  The  tax  collector,  two  thousand  dollars  per  annum;  provided,  that 
in  counties  of  this  class,  there  shall  be  and  is  hereby  allowed  to  the 
tax  collector  a  deputy  tax  collector  to  be  appointed  by  said  tax  col- 
lector and  to  hold  office  during  the  months  of  October,  November. 
December,  March,  April,  May,  June,  July,  August,  and  September  of 
each  year,  who  shall  be  paid  a  salary  of  fifty  dollars  per  month,  said 
salary  to  be  paid  in  monthly  installments  during  said  months,  at  the 
same  time  and  in  the  same  manner  and  out  of  the  same  fund  as  the 
salary  of  the  tax  collector  is  paid;  and  provided,  further,  that  in  coun- 
ties of  this  class  there  shall  be  and  there  is  hereby  allowed  to  the  tax 
collector  an  additional  deputy  tax  collector,  who  shall  be  appointed 
by  the  tax  collector  and  who  shall  hold  office  during  the  months  of 
August,  September,  October  and  November  of  each  year  and  who  shall 
be  paid  a  salary  of  fifty  dollars  per  month,  said  salary  to  be  paid  in 
monthly  installments  at  the  same  time  and  in  the  same  manner  and 
out  of  the  same  fund  as  the  salary  of  the  tax  collector  is  paid. 

Assessor. 

7.  The  assessor,  three  thousand  six  hundred  dollars  per  annum.  The 
assessor  shall  also  be  allowed  the  following  deputies  who  shall  be 
appointed  by  the  assessor,  at  such  time  or  times  as  said  assessor  shall 
see  fit,  and  shall  be  paid  salaries  as  follows:  said  salaries  of  said 
deputies  to  be  paid  out  of  the  same  fund  and  in  the  same  manner 
and  at  the  same  time  as  the  salary  of  the  assessor  is  paid,  to  wit:  one 
chief  deputy  assessor  at  a  salar\'  of  one  hundred  and  fifty  dollars  per 
month;  one  deputy  assessor  at  a  salary  of  one  hundred  and  ten  dollars 
per  month;  one  deputy  assessor  for  the  term  of  eight  months  at  a 
salary  of  seventy-five  dollars  per  month;  four  deputy  assessors  for  a 
period  of  three  months  at  a  salary  of  one  hundred  and  twenty-five  dol- 
lars per  month;  six  deputy  assessors  for  a  period  of  two  months  at  a 
salary  of  one  hundred  and  twenty  five  dollars  per  month. 

District  attorney. 

S.  The  district  attorney,  the  sum  of  twenty-four  hundred  dollars 
per  annum;  provided,  that  in  counties  of  this  class  there  shall  be  and 
is  hereby  allowed  to  the  district  attorney  one  stenographer,  which  office 
is  hereby  created,  at  a  salary  of  seven  hundred  and  twenty  dollars  per 
annum  and  who  shall  be  appointed  by  the  district  attorney,  the  salary 
of  said  stenographer  herein  provided  for  shall  be  paid  by  the  said 
county  in  equal  monthly  installments  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  fund  as  the  salary  of  the  district  attorney 
is  paid. 

Coroner. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed 
by  law. 


§  4262  POLITICAL  CODE.  762 

Public  administrator. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  here- 
after be  allowed  by  law. 

Superintendent  of  schools. 

11.  The  superintendent  of  schools,  two  thousand  dollars  per  annum; 
and  shall  also  be  allowed  the  comijensation  provided  by  law  for  services 
on  the  board  of  education,  and  shall  be  allowed  his  actual  traveling  ex- 
penses when  visiting  schools  in  his  county;  and  provided,  that  in  counties 
of  this  class  there  shall  be  and  is  hereby  allowed  to  the  superintendent 
of  schools,  a  deputj'  superintendent  of  schools,  to  be  appointed  by  the 
superintendent  of  schools  and  be  paid  a  salary  of  one  thousand  dollars 
per  j'ear,  payable  in  monthly  installments  at  the  same  time  and  in  the 
same  manner  and  out  of  the  same  fund  as  the  salary  of  the  superintend- 
ent is  paid. 

Surveyor. 

12.  The  surveyor,  such  fees  as  are  now  or  may  hereafter  be  allowed 
by  law;  provided,  the  surveyor  shall  aunually  revise  the  plats  in  the 
office  of  the  assessor,  for  which  he  shall  receive  a  sum  not  to  exceed  two 
hundred  dollars  in  any  one  year. 

Townships,  how  classified.     Justices  of  the  peace. 

13.  For  the  purpose  of  regulating  the  compensation  of  justices  of 
the  peace  and  constables,  townships  in  counties  of  this  class  are  hereby 
classified  according  to  population,  said  population  to  be  determined  by 
the  board  of  supervisors  at  the  enactment  of  this  act  and  at  the  time  of 
the  formation  of  any  new  judicial  township  or  townships,  in  the  following 
manner:  by  appointing  a  suitable  person  in  each  township  to  take  said 
census  and  said  census  shall  be  taken  by  the  person  so  appointed  of  all 
the  inhabitants  of  said  township,  the  full  name  of  each  person  shall  be 
fully  w'ritten,  the  names  alphabetically  arranged  and  numbered  in  one 
complete  series  and  when  completed  shall  be  verified  before  any  officer 
authorized  to  administer  oaths,  and  to  file  the  same  with  the  county  clerk 
and  thereupon  the  same  shall  be  the  official  census  of  said  township. 
Townships  having  a  population  of  thirty-five  hundred  or  more  shall  be- 
long to  and  be  known  as  townships  of  the  first  class.  Townships  having 
a  population  of  less  than  thirty-five  hundred  and  more  than  two  thousand 
shall  belong  to  and  be  known  as  townships  of  the  second  class.  Town- 
ships having  a  population  of  less  than  two  thousand  shall  belong  to  and 
be  known  as  townships  of  the  third  class.  Justices  of  the  peace  shall 
receive  the  following  salaries  for  all  services  rendered  by  them  in  crim- 
inal casss,  payable  monthly  and  in  the  same  manner  as  count}-  officers 
are  paid.  In  townships  of  the  first  class,  one  hundred  and  fifty  dollars 
per  month.  In  townships  of  the  second  class,  one  hundred  dollars  per 
month.     In  townships  of  the  third  class,  forty  dollars  per  month. 

Constables. 

14.  Constables  in  counties  of  this  class  shall  receive  the  following 
salaries    for    all    services    rendered    by    them    in    criminal    cases,    payable 


763  POLITICAL  CODE.  §  42G3 

monthly  and  in  the  same  manner  as  county  oflfioerg  are  paid.  In  town- 
ships of  the  first  class,  one  hundred  dollars  per  niontli.  In  townships  of 
the  second  class,  seventy-five  dollars  per  month.  In  townships  of  the 
third  class,  forty  dollars  per  month.  Constables  shall  also  receive  for 
their  own  use  and  benefit,  such  fees  as  are  now  or  may  hereafter  be  al- 
lowed by  law  in  civil  cases.  They  shall  also  be  allowed  their  actual 
expenses  in  conveying  prisoners  from  place  of  arrest  to  court  and  in  case 
of  conviction,  from  the  court  to  the  county  jail. 

Supervisors. 

15.  Supervisors,  each,  the  sum  of  six  hundred  dollars  per  annum 
for  all  services  performed  by  them  as  supervisors  and  members  of  the 
board  of  equalization.  Each  supervisor  shall  receive  mileage  at  the  rate 
of  ten  cents  per  mile  for  each  mile  traveled  in  going  to  and  from  the 
meeting  of  the  board.  They  shall  act  as  road  commissioners  in  their  re- 
spective districts  and  shall  receive  for  the  service  of  such  road  commis- 
sioner, mileage  at  the  rate  of  twenty-five  cents  per  mile  for  all  distances 
actually  traveled  by  them  in  discharge  of  their  duty  as  such  road  com- 
missioner; provided,  that  such  mileage  as  road  commissioner  shall  not  in 
any  one  year  exceed  the  sum  of  six  hundred  dollars  for  any  one  of  the 
road  commissioners. 

ReiJorter. 

16.  In  counties  of  this  class  the  official  reporter  of  the  superior  court 
shall  receive  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

Purchasing  agent. 

17.  The  purchasing  agent  employed  by  the  supervisors,  which  office 
is  hereby  created,  shall  receive  a  salary  of  fifteen  hundred  dollars 
per  annum,  pa.vable  in  equal  monthly  installments  out  of  the  general 
fund  of  the  county;  and  provided,  further,  that  said  purchasing  agent  so 
emploj'ed  by  the  board  of  supervisors  shall  be  allowed  the  sum,  not  to 
exceed  two  hundred  dollars  in  any  one  year,  for  traveling  expenses. 

Fees,   jurors. 

18.  Juror  fees  shall  be  as  follows:  For  attending  as  a  grand  juror 
or  a  trial  juror  in  the  superior  court,  for  each  da\''s  attendance,  three 
dollars  per  day;  for  each  mile  he  travels  in  attending  court  as  such 
juror,  fifteen  cents  per  mile  in  going  only.  The  compensation  allowed 
each  officer  above  enumerated  shall  be  in  full  payment  for  all  services 
performed  by  them.  [Amendment  approved  June  16,  1913;  Stats.  1913, 
p.  1204.] 

Also  amended  February  28,   1911    (Stats.   1911,  p.   210). 

Counties,  thirty-fourth  class — Nevada.     Salaries  of  officers. 

§  4263.  In  counties  of  the  thirty-fourth  class  the  county  officers  shall 
receive  as  compensation  for  the  services  required  of  them  by  law,  or  by 
virtue  of  their  office,  the   following  salaries,  to   wit: 


§  4263  POLITICAL   CODE.  764 

1.  The  county  clerk,  three  thousand  dollars  per  annum,  and  when  a 
great  register  of  voters  is  required  by  law  to  be  made,  he  shall  receive 
six  hundred  and  fifty  dollars  additional,  which  shall  be  in  full  for  all 
services  rendered  in  registering  voters  and  making  the  great  register, 
provided,  that  in  any  year  when  a  primary  election  is  held,  he  shall 
receive  the  sum  of  five  hundred  dollars  additional,  which  shall  be  in  full 
for  all  services  rendered  at  said  primary  election. 

2.  The  sheriff,  six  thousand  dollars  per  annum.  The  sheriff  shall  also 
receive  for  his  own  use,  for  serving  all  papers  issued  from  justices'  courts, 
the  same  fees  as  are  now  or  may  be  hereafter  allowed  by  law  to  con- 
stables for  like  service. 

3.  The  recorder,  three  thousand  two  hundred  dollars  per  annum. 

4.  The  auditor,  eight  hundred   dollars  per  annum. 

5.  Tlie  treasurer,  two  thousand  five  hundred  dollars  per  annum. 

6.  The  tax  collector,  six  hundred  and  fifty  dollars   per  annum. 

7.  The  assessor,  five  thousand  five  hundred  dollars  per  annum. 

8.  The  district  attorney,  two  thousand  five  hundred  dollars  per  annum; 
and  the  district  attorney  may  appoint  one  deputy,  which  office  is  hereby 
created,  at  a  salary  of  six  hundred  dollars  per  annum.  The  deputy  dis- 
trict attorney  to  hold  office  at  the  pleasure  of  the  district  attorney. 
The  salary  of  such  deputy  to  be  paid  monthly  and  in  the  same  manner 
as  salaries  of  county  officers  are  now  paid. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

10.  The  public  administrator,  four  hundred  dollars  per  annum. 

11.  The  superintendent  of  schools,  two  thousand  dollars  per  annum; 
and  he  shall  receive  and  retain  for  his  own  use  the  sum  of  five  dollars 
per  diem  for  each  and  every  day  he  attends  the  meetings  of  the  county 
board  of  education,  and  shall  also  "be  allowed  his  actual  and  necessary 
traveling  expenses  in   visiting  the  schools  of  the  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

13.  Each  member  of  the  board  of  supervisors  shall  receive  for  his  ser- 
vices the  sum  of  nine  hundred  dollars  per  annum,  and  twenty  cents  per 
mile  in  traveling  to  and  from  his  residence  to  the  county  seat;  pro- 
vided, that  no  more  than  one  mileage  at  any  regular  session  of  the  board 
shall  be  allowed,  and  that  one-fourth  of  the  annual  salary  shall  be  paid 
at  the  close  of  each  quarterly  session  of  the  board;  and  provided,  further, 
they  shall  be  reimbursed  for  necessary  expenses  actually  incurred  by 
attending  any  special  session  of  the  board. 

The  road  commissioner  shall  be  reimbursed  for  all  traveling,  personal 
and  other  necessary  expenses;  said  expenses  not  to  exceed  five  dollars 
per  day  while  actually  engaged  in  the  performance  of  their  duties  upon 
the  roads;  provided,  that  the  full  amount  of  expenses  incurred  shall  not 
exceed  seventy-five  dollars  in  any  one  quarter,  to  be  allowed  as  other 
claims  by  the  board  of  supervisors. 

14.  Justices  of  the  ponce,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law;   provided,  that    justices  of  the  peace  of  townships  con- 


765  POLITICAL  CODE.  §  4263a 

taining  four  thousand  five  hundred  inhabitants  or  more  shall  be  allowed 
a  salary  of  six  hundred  dollars  per  annum,  payable  monthly  and  in  the 
same  manner  as  salaries  of  county  officers  are  paid,  and  shall  be  in  full 
for  all  services  rendered  by  him  in  criminal  cases;  provided,  further, 
that  justices  of  the  peace  shall,  before  receiving  their  monthly  salary, 
file  with  the  auditor  a  statement  of  all  fines  received,  together  with  tfce 
treasurer's  receipt  for  the  same.  All  fines  collected  by  justices  of  the 
peace  shall  be  turned  over  to  the  county  treasurer  of  said  county  within 
ten  days  after  receipt  of  same;  provided,  that  all  fines  collected  for  city 
offenses  shall  be  turned  over  to  the  city  treasurer  of  the  city  where 
the  offense  shall  have  been  committed.  In  addition  to  the  monthly 
salaries  herein  allowed,  each  justice  of  the  peace  may  receive  and  retain 
for  his  own  use  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law,   for  all  services  rendered  by   him  in   civil   actions. 

15.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law;  provided,  that  constables  of  townships  containing  two  thousand 
inhabitants  or  more  shall  be  allowed  a  salary  of  four  hundred  and  eighty 
dollars  per  annum,  payable  monthly,  and  in  the  sam.e  manner  as  county 
officers  are  paid;  and  shall  be  in  full  for  all  services  rendered  by  them 
in  criminal  cases;  provided,  further,  that  they  shall  be  allowed  all  neces- 
sary expenses  actually  incurred  in  arresting  and  conveying  prisoners 
to  the  county  jail  which  said  expense  shall  be  audited  and  allowed  by  the 
board  of  supervisors  and  paid  out  of  the  county  treasury;  in  addition 
to  the  monthly  salaries  herein  allowed,  each  constable  may  receive  and 
retain  for  his  own  use  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law,  for  all  services  rendered  by  him  in  civil  actions.  For  the  pur- 
pose of  regulating  salaries  of  justices  and  constables,  townships  in  this 

A!lass   of  counties  are  hereby  classified   according  to  their  population  as 
shown  by  the  federal  census  of  1900. 

16.  In  counties  of  this  class  the  official  reporter  o£  the  superior  court 
shall  receive  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law, 
and  when  necessary  for  such  reporter  to  travel  away  from  the  county 
seat  in  the  performance  of  his  duty  he  shall  receive  his  actual  and  neces- 
sary traveling  and  personal  expenses,  to  be  allowed  and  paid  by  the 
board  of  supervisors  as  are  other  county  charges.  [Amendment  approved 
April  27,  1911;  Stats.  1911,  p.  1149.] 

There  was  another  section  of  this  number  adopted  at  the  same   session  of  the 
legislature.      See   Stats.   1911,  p.  213. 

Jurors. 

§  4263a.  In  counties  of  the  thirty-fourth  class  grand  jurors  and  jurors 
in  the  superior  court  shall  each  receive  for  each  day's  attendance,  per 
day,  the  sum  of  three  dollars;  and  for  each  mile  actually  and  necessarily 
traveled  from  their  residences  to  the  county  seat,  in  going  only,  per  mile, 
the  sum  of  twenty-five  cents;  such  mileage  to  be  allowed  but  once  during 
each  session  such  jurors  are  required  to  attend;  and  provided,  that  no 
one  mileage  shall  exceed  the  sum  of  fifteen  dollars.  [New  section  ap- 
proved April  27,  1911;  Stats.  1911,  p.  1151.] 


§  4264  POLITICAL   CODE.  766 

Counties,   thirty-fifth   class — Yolo.     Salaries   of  officers. 

§  4264.  In  counties  of  the  thirty-fifth  class,  the  county  officers  shall 
receive,  as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue   of  their   offices,  the  following  salaries,  to   wit: 

County  clerk. 

1.  Tlie  county  clerk,  three  thousand  six  hundred  dollars  per  annum, 
and  when  a  new  great  register  of  voters  is  required  by  law  to  be  made, 
he  shall  receive  five  hundred  dollars  additional,  which  shall  be  in  full 
for  all  services  required  in  registering  voters  and  making  the  great 
register. 

Sheriff. 

2.  The  sheriff,  four  thousand  five  hundred  dollars  per  annum. 

Recorder, 

3.  The  recorder,  three  thousand  four  hundred  dollars  per  annum. 

Auditor. 

4.  The  auditor,  two  thousand  dollars  per  annum. 

Treasurer. 

o.  The  treasurer,  two  thousand   dollars  per  annum. 

Tax  collector. 

fi.  The  tax  collector,  twelve  hundred  dollars  per  annum. 

Assessor. 

7.  The  assessor,  three  thousand  five  hundred  dollars  per  annum  and  his 
actual  and  necessary  traveling  expenses,  when  engaged  in  assessing 
the  property  of  his^county;  provided,  that  such  traveling  expenses  shall 
not,  in  any  one  year,  exceed  the  sum  of  three  hundred  dollars. 

District  attorney. 

5.  The  district  attorney,  two  thousand  three  hundred  'lollurs  per 
annum. 

Coroner. 

it.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

Public  administrator. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

Superintendent  of  schools. 

11.  The  superintendent  of  schools,  one  thousand  eight  hundred  dollars 
per  annum,  and  actual  traveling  expenses  when  visiting  the  schools  of 
his  county. 


767  POLITICAL  CODE.  §  4264 

Surveyor. 

12.  The  county  surveyor,  one  thousand  five  hundred  dollars  per  an- 
num, he  to  furnish  all  necessary  instruments;  but  transportation  charges 
for  field  work  shall  be  allowed  him.  He  shall  not  be  required  to  perform 
county  work  more  than  two-thirds  of  the  working  days  of  any  month, 
except  on  payment  of  fees  now  allowed  by  law. 

Justices  of  the  peace. 

13.  Justices  of  the  peace,  the  following  monthly  salaries,  to  be  paid 
each  month  as  county  officers  are  paid,  which  shall  be  in  full  for  all 
services  rendered  by  them  in  criminal  cases:  in  townships  having  a 
population  of  twenty-five  hundred  and  more,  sixty-five  dollars;  in  town- 
ships having  a  population  of  fifteen  hundred  and  less  than  twenty-five 
hundred,  forty  dollars;  in  townships  having  a  population  of  one  thousand 
and  less  than  fifteen  hundred,  twenty-five  dollars;  in  townships  having 
a  population  of  less  than  one  thousand,  ten  dollars.  Each  justice  must 
pay  into  the  county  treasury,  once  a  month,  all  fines  collected  by  him. 
In  addition  to  the  monthly  salary  allowed  herein,  each  justice  may  receive 
for  his  own  use  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law,  for  all  services  performed  by  him  in  civil  actions.  In  all  town- 
ships having  a  population  of  less  than  twenty-five  hundred  if  there 
be  more  than  one  justice,  the  compensation  allowed  herein  shall  be 
equally  divided  between  them  so  that  the  sum  total  of  their  monthly' 
compensation  shall  not  exceed  the  salary  allowed  herein  for  a  single 
justice  in  such  township. 

Constables, 

14.  Constables,  the  following  salaries,  which  shall  be  paid  monthly  as 
salaries  of  county  officers  are  paid,  and  shall  be  in  full  for  all  services 
rendered  by  them  in  criminal  cases,  to  wit:  In  townships  having  a  pop- 
ulation of  twenty-five  hundred  or  more,  seventy  dollars;  in  townships 
having  a  population  of  fifteen  hundred  and  less  than  twenty-five  hun- 
dred, forty-five  dollars;  in  townships  having  a  population  of  one  thou- 
sand and  less  than  fifteen  hundred,  thirty  dollars;  in  townships  having  a 
population  of  less  than  one  thousand,  fifteen  dollars.  In  addition  to  the 
monthly  salary  allowed  herein,  each  constable-  may  receive  and  retain 
for  his  own  use,  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law 
for  all  the  services  performed  by  him  in  civil  actions.  In  all  townships 
having  a  population  of  less  than  twenty-five  hundred,  if  there  be  more 
than  one  constable,  the  compensation  herein  allowed  shall  be  equally 
divided  between  them,  so  that  the  sum  total  of  their  monthly  compensa- 
tion shall  not  exceed  the  salary  allowed  herein  for  a  single  constable  in 
each  township.  The  board  of  supervisors  shall,  during  each  and  every 
year,  ascertain  and  determine  the  population  of  the  several  townships 
of  the  county  for  the  purpose  of  ascertaining  the  compensation  of  town- 
ship officers  regulated  by  this  section,  in  proportion  to  their  duties. 


§§  4264a,  4265       political  code.  768 

Supervisors. 

15.  Each  supervisor  twelve  hundred  dollars  per  annum  for  all  services 
performed  by  him  as  supervisor,  member  of  the  board  of  equalization  and 
road  commissioner.  [Amendment  approved  June  16,  1913:  Stats.  1913, 
p.  1283.]  « 

Also   amended  February  28,    1911    (Stats.   1911,   p.   215),   and  April   27,    1911 
(Stats.  1911,  p.  1143). 

Compensation  of  jurors  in  counties  of  thirty-fifth  class. 

§  426J:a.  In  counties  of  tlie  tliirty-fifth  class,  grand  jurors  and  jurors 
in  the  suj)erior  court  shall  each  receive  for  each  day's  attendance  per 
day,  the  sum  of  three  dollars  for  each  mile  actually  and  necessarily 
traveled  from  their  residence  to  the  county  seat,  in  going  only,  per 
mile,  the  sum  of  twentv-five  cents;  such  mileage  to  be  allowed  but  once 
during  each  session  such  jurors  are  required  to  attend.  [New  section 
added  April  26,  1911;  Stats.  1911.  p.  1116.] 

Counties,  thirty-sixth  class — Imperial.     Salaries  of  officers. 

§  4265.  In  counties  of  the  thirty-sixth  class,  the  county  officers 
shall  receive  as  compensation  for  the  services  required  of  them  by  law, 
or  by  virtue  of  their  office,  the  following  salaries,  to  wit: 

County  clerk. 

1.  (.ounty  clerk,  twenty-four  hundre.l  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be,  and  there  hereby  is, 
allowed  to  the  county  clerk  one  chief  deputy  wl»o  shall  receive  a  salary 
of  fifteen  luindred  dollars  per  annum,  one  deputy  who  shall  receive  a 
salary  of  one  thousand  dollars  per  annum,  and  in  each  year  in  which  a 
new  and  complete  registration  of  voters  is  required  by  law  he  shall  ap- 
point as  many  deputy  registration  clerks  as  may  be  necessary  for  the 
convenient  registration  of  the  voters  of  the  county,  which  deputy 
registration  clerks  shall  receive  as  compensation  for  their  services  a 
sum   of  ten   cents  per  name   for  each  voter  registered  bj-   them. 

Sheriff. 

-.  iSherilT,  three  thousand  dollars  per  annum;  provided,  that  in  coun- 
ties of  this  class  there  shall  be.  and  hereby  is,  allowed  to  the  sheriff 
one  under-sheriff,  whose  salary  is  hereby  fixed  at  the  sum  of  eighteen 
hundred  dollars  per  annum;  one  deputy,  who  shall  be  jailer,  and  who 
shall  receive  a  salary  of  twelve  hundred  dollars  per  annum;  one  deputy, 
who  shall  be  court  bailiff,  and  who  shall  receive  a  salary  of  twelve 
hundred  dollars  per  annum,  and  one  deputy,  who  shall  also  be  a  chauf- 
feur, and  who  sliall  receive  a  salary  of  twelve  hundred  dollars  per 
annum.  It  is  hereby  found  as  a  fact  that  the  changes  provided  for  in 
this  subdivision  do  not  work  an  increase  in  the  compensation  of  this 
oflice,  and  it  is  intended  that  the  same  shall  apply  immediately  to  the 
present  incumbents. 


a 


769  POLITICAL   CODE.  §  4265 

Recorder. 

3.  Recorder,  twenty-four  hundred  dollars  per  annum;  provided,  that 
in  counties  of  this  class  there  shall  be,  and  is  hereby,  allowed  the  re- 
corder one  deputy  at  a  salary  of  twelve  hundred  dollars  per  annum,  and 
as  many  copyists  as  may  be  required,  who  shall  receive  as  compensation 
the  sum  of  five  cents  per  folio  for  recording,  copying  and  comparing 
any  instrument,  or  notice,  except  maps  or  plats,  and  for  copies  of  any 
record  or  paper,  five  cents  per  folio.  The  salaries  of  all  copyists  herein 
provided  for  shall  be  paid  by  the  county  in  monthly  installments 
at  the  same  time,  and  in  the  same  manner,  and  out  of  the  same  fund 
that  the   salary   of  the   county   recorder  is   paid. 

Auditor. 

4.  Auditor,  twenty-four  hundred  dollars  per  annum;  provided,  that 
there  is  hereby  allowed  to  the  auditor  one  deputy,  who  shall  receive  a 
salary  of  fifteen  hundred  dollars  per  annum,  and  one  additional  deputy, 
for  not  longer  than  three  months  each  year,  who  shall  receive  one  hun- 
dred  dollars   per   month. 

Treasurer. 

5.  Treasurer,   twenty-four   hundred   dollars   per   annum. 

Tax  collector. 

(3.  Tax  collector,  twent,y-four  hundred  dollars  per  annum;  one  deputy, 
for  eight  months  of  each  year,  who  shall  receive  a  salary  of  one  hun- 
dred and  twenty-five  dollars  per  month,  and  two  deputies,  for  not  more 
than  four  months  of  each  year,  who  shall  receive  salaries  of  ninety  dol- 
lars per  month. 

Assessor. 

7.  Assessor,  twenty-four  hundred  dollars  per  annum;  one  deputy,  dur- 
ing six  months  of  each  year,  who  shall  receive  a  salary  of  one  hundred 
and  fifty  dollars  per  mouth;  one  deputy  during  four  months  of  each 
year,  who  shall  receive  a  salary  of  one  hundred  and  twenty-five  dollars 
per  month;  three  deputies,  during  four  months  of  each  year,  who  shall 
receive  a  salary  of  one  hundred  dollars  each  per  month;  also  six  field 
deputies,  during  three  months  of  each  year,  who  shall  receive  as  their 
compensation  one  hundred  dollars  per  month,  and  fees  allowed  by  law 
on  all  poll  taxes  collected  by  them,  said  field  deputies  to  pay  all  of  their 
own  expenses.  It  is  hereby  provided  that  in  counties  of  this  class  the 
assessor  shall  receive  no  fees  or  compensation  for  his  collection  of 
taxes  on  personal  property  or  possessory  interest.  It  is  hereby  found 
as  a  fact  that  the  changes  provided  for  in  this  subdivision  do  not  work 
an  increase  in  the  compensation  of  this  office,  and  it  is  intended  that 
the   same   shall   apply   immediately  to  the   present   incumbents. 

District  attorney. 

8.  District  attorney,  three  thousand  dollars  per  annum;  one  deputy, 
who  shall  receive  a  salary  of  eighteen  hundred  dollars  per  annum,  and 

49 


§  4265  POLITICAL   CODE.  770 

one  stenographer,  who  shall  receive  a  salary  of  twelve  hundred  dollars 
per  annum.  It  shall  be  the  duty  of  this  stenographer  to  report  and 
transcribe,  without  any  additional  charge,  all  preliminary  hearings  re- 
quired  of  him  by  the  district  attorney. 

Coroner. 

9.  Coroner,  such  fees  as  are  now,  or  may  be  hereafter,  allowed  by 
law. 

Public  administrator. 

10.  Public  administrator,  such  fees  as  are  now,  or  may  be  hereafter 
alJowod   b}'    law. 

Superintendent  of  schools. 

11.  Superintendent  of  schools,  twenty  four  hundred  dollars  per  an- 
num, and  one  deputy  who  shall  receive  a  salary  of  one  thousand  dollars 
per  annum;  provided,  that  in  counties  of  this  class  the  superintendent 
of  schools  shall  receive  no  compensation  for  services  as  a  member  of 
the  county  board  of  education  or  as  ex  officio  secretary  thereof. 

Surveyor. 

12.  Surveyor,  fifteen  hundred  dollars  per  annum,  which  shall  be  in 
full  for  all  services  required  of  him  by  the  superior  court  or  board  of 
supervisors,  or  assessor.  It  shall  be  his  duty  on  demand  of  the  assessor, 
to  prepare  any  and  all  maps,  plats  or  block-books  for  the  use  of  the 
county   assessor. 

Justices  of  the  peace. 

13.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries 
to  be  paid  each  month  in  the  same  manner,  and  out  of  the  same  fund 
as  county  officers  are  paid,  which  shall  be  in  full  for  all  services  ren- 
dered by  them  in  criminal  cases:  in  townships  having  a  population  of 
more  than  four  thousand,  seventy-five  dollars  per  month;  in  town- 
ships having  a  population  of  less  than  four  thousand  and  more  than 
two  thousand,  fifty  dollars  per  month;  in  townships  having  a  popula- 
tion   of   less   than   two   thousand,   twenty    dollars   per   month. 

Constables. 

14.  Constables  shall  receive  the  following  monthly  salaries  to  be  paid 
each  month  in  the  same  manner,  and  out  of  the  same  fund  as  county 
otlicers  are  paid,  which  shall  be  in  full  for  all  services  rendered  by  them 
in  criminal  cases:  in  townships  having  a  population  of  more  than  four 
thousand,  seventy-five  dollars  per  mouth;  in  townships  having  a  popu- 
lation of  less  than  four  thousand  and  more  than  two  thousand,  fifty 
dollars  per  month;  in  townships  having  a  population  of  less  than  two 
thousand,  twenty  dollars  per  month.  Constables  shall  co-operato  at  all 
times  with  the  sheriff,  and  shall  perform  any  and  all  duties  that  he 
may  require  of  them;  provided,  that  in  civil  cases,  the  constables  shall 
be  entitled  to  collect  and  retain  the  fees  and  mileage  for  their  own  use. 


771  ■  POLITICAL   CODE.  §  4265 

population,  how  ascertained. 

15.  For  the  purpose  of  subdivisions  13  and  14  of  this  section,  the 
population  of  the  several  judicial  townships  shall  be  ascertained  by 
the  board  of  supervisors  by  multiphing  by  six  the  vote  cast  for  gov- 
ernor in  each  township   at  the  general   election  next  preceding. 

Supervisors. 

16.  Each  supervisor,  twelve  hundred  dollars  per  annum,  which  shall 
be  in  full  for  all  services  as  supervisors  and  road  commissioner  for  each 
year. 

Horticultural  commissioner. 

17.  Horticultural  commissioner,  fifteen  hundred  dollars  per  annum; 
provided,  in  counties  of  this  class,  said  horticultural  commissioner  may 
appoint  as  many  inspectors  as  may  be  necessary  for  the  performance 
of  his  duties,  who  shall  be  paid  three  dollars  and  fifty  cents  for  each 
day  of  eight  hours  actually  engaged  in  the  performance  of  their  duties. 
It  is  hereby  found  as  a  fact,  that  the  changes  provided  for  in  this  sub- 
division do  not  work  an  increase  in  the  compensation  of  this  office,  and 
it  is  intended  that  the  same  shall  apply  immediately  to  the  present 
incumbents. 

Health   officer  and  county  physician. 

18.  Health  officer  and  county  physician,  twelve  hundred  dollars  per 
annum;  provided,  that  in  counties  of  this  class,  there  shall  be  and  is 
hereby  allowed  one  sanitary  inspector,  who  shall  also  act  as  dairy  in- 
spector, and  shall  receive  a  salary  of  eighteen  hundred  dollars  per  an- 
num, which   salary  shall  include  all   his  traveling  expenses. 

Veterinarian. 

19.  County  veterinarian,  nine  hundred  dollars  per  annum;  provided, 
that  in  counties  of  this  class,  there  shall  be  and  is  hereby  allow-ed  three 
deputies,  who  shall  receive  salaries  of  three  hundred  dollars  each.  The 
county  veterinarian  shall  perform  all  duties  required  of  him  by  law, 
and  by  the   ordinances   or  orders  of  the  board  of  supervisors. 

Expenses  allowed. 

20.  All  officers  shall  be  reimbursed  by  the  county  their  actual  ex- 
penses necessarily  incurred  by  them  in  the  performance  of  the  duties 
required  of  them  by  law,  except  as  otherwise  provided  herein. 

Fees,  jurors. 

21.  In  counties  of  this  class,  grand  jurors  and  trial  jurors  in  criminal 
cases  shall  receive  as  compensation  for  each  day's  attendance  on  the 
grand  jury,  the  superior  court  or  "justice  court,  the  sum  of  three  dollars 
per  day,  and  for  each  mile  actually  and  necessarily  traveled  from  their 
residence  in  attending  court  or  grand  jury,  in  coming  only,  the  sum  of 
fifteen  cents  per  mile;  such  mileage  to  be  allowed  but  once  during  each 


§  4266  POLITICAL   CODE.  772 

eession  said  jurors  are  required  to  attend.  [Amendment  approved 
June  16,  1913;  Stats.  1913,  p.  1196.] 

Also  amended  May  1,   1911    (Stats.   1911,  p.   1265). 

There  was  another  section  parsed  at  the  session  of  the  legislature  of  1911 
relating  to  Imperial  county  and  numbered   §  4265a    (Stats.  1911,  p.  216). 

Citations.      App.    18/388,    389;    19/770;    (subd.    3)    19/770. 

Counties,  thirty-seventh  class — Tehama.     Salaries  of  officers. 

§  4266.  In  counties  of  the  thirty-seventh  class  the  county  officers 
shall  receive  as  compensation  for  the  services  required  of  them  by  law 
or  by  virtue  of  their  office  the  following  salaries,  to  wit: 

County  clerk. 

1.  The  county  clerk,  twenty  seven  hundred  dollars  per  annum;  in 
counties  of  this  class  the  county  clerk  may  appoint  a  deputy,  which 
office  of  deputy  county  clerk  is  hereby  created,  and  said  deputy  shall 
receive  as  compensation  for  his  services  the  sum  of  twelve  hundred 
dollars  per  annum,  to  be  paid  out  of  the  county  treasury  in  equal 
monthly  installments  in  the  same  manner  and  at  the  same  time  &ther 
county    officials    are    paid. 

Sheriff. 

2.  The  sheriff,  forty  eight  hundred  dollars  per  annum,  and  all  mileage 
now    allowed    by   law. 

Recorder. 

3.  The  recorder  twenty-four  hundred  dollars  per  annum;  provided, 
that  in  counties  of  this  class,  there  shall  be  and  there  hereby  is  allowed 
to  the  recorder  one  deputy,  which  office  of  deputy  county  recorder 
is  hereby  created,  and  said  deputy  shall  receive  as  compensation  for 
his  services,  the  sum  of  nine  huntlred  dollars  per  annum,  to  be  paid 
out  of  the  county  treasury,  in  equal  monthly  installments  in  the  same 
manner  and  at  the  same  time  the  other  county  officials  are  paid. 

Auditor. 

4.  The  auditor  two  thousand   dollars   per  annum. 

Treasurer. 

5.  The    treasurer    twenty-five    hundred    dollars    per    annum. 

Tax  collector. 

6.  The  tax  collector,  two  thousand  four  hundred  dollars  per  annum; 
and  in  counties  of  this  class  the  tax  collector  may  appoint  a  deputy, 
which  office  of  deputy  tax  collector  is  hereby  created;  said  deputy  shall 
be  employed  not  to  exceed  six  months  in  each  year,  and  his  salary  shall 
be  one  hundred  dollars  per  month  during  the  time  so  employed,  which 
shall  be  paid  at  the  same  time  and  in  the  same  manner  as  other  county 
officials    are    paid. 


773  POLiTic.\L  CODE.  §  4266 

Assessor. 

7.  The  assessor,  three  thousand  dollars  per  annum;  and  there  is 
hereby  allowed  to  the  assessor,  two  deputies  who  shall  be  employed 
not  to  exceed  four  months  in  each  year,  and  shall  receive  a  salary  of 
one   hundred    dollars   per   month    each,   during   the    time   so    employed. 

District  attorney. 

8.  The  district  attorney,  twenty-four  hundred  dollars  per  annum,  and 
there  is  hereby  created  a  new  office  to  be  known  as  stenographer  to  the 
district  attorney,  who  shall  receive  a  salary  of  six  hundred  dollars  per 
annum,  payable  monthly  at  the  same  time  and  in  the  same  manner  as 
the  salaries   of  the   county   officials   are   paid. 

Coroner. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

Public  administrator. 

10.  The  public  administrator,  such  fees  as  are  now,  or  may  be  here- 
after allowed  by  law. 

Superintendent  of  schools. 

11.  The  superintendent  of  schools,  eighteen  hundred  dollars  per  an- 
num and  actual  traveling  expenses,  when  visiting  the  schools  of  his 
county.  The  superintendent  shall  be  allowed  one  deputy,  which  said 
deputy  shall  be  allowed  a  salary  of  fifty  dollars  per  month,  to  be  paid 
at  the  same  time  and  in  the  same  manner  as  other  county  officials. 

Surveyor. 

12.  The  survej-or,  one  thousand  five  hundred  dollars  per  annum,  which 
shall  be  in  full  for  all  services  required  of  him  by  the  superior  court 
or  the  board  of  supervisors;  provided,  that  he  shall  be  entitled  to  re- 
ceive from  the  county  his  actual  expenses  incurred  in  the  performance 
of  any  order  of  the  court  or  the  board  of  supervisors;  provided,  further, 
that  whenever  the  surveyor  is  directed  by  the  board  of  supervisors  to 
plat,  trace  or  otherwise,  prepare  maps,  plats  or  block-books  for  the 
use  of  the  county  assessor,  he  shall  be  allowed  only  the  actual  cost  of 
preparing  the  same. 

Justices  of  the  peace. 

13.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries 
to  be  paid  each  month  and  in  the  same  manner  and  out  of  the  same 
funds  as  the  county  officers  are  paid,  which  shall  be  in  full  for  all 
services  rendered  by  them  in  criminal  cases;  in  townships  having  popu- 
lation of  more  than  four  thousand,  fifty  dollars  per  month;  in  townships 
having  population  less  than  four  thousand  and  more  than  twelve  hun- 
dred, forty  dollars  per  month;  in  townships  having  population  of  less 
than   twelve   hundred   and   more   than   eight   hundred,   thirty   dollars  per 


§  4266  POLITICAL   CODE.  '774 

month;  in  townships  having  population  of  less  than  eight  hundred, 
twenty  dollars  per  month,  and  in  all  civil  cases  such  fees  as  are  now 
or  may   be  hereafter  allowed  by  law. 

Constables. 

14.  Constables  shall  receive  the  following  monthly  salaries  to  be  paid 
each  month  and  in  same  manner  and  out  of  the  same  funds  as  the 
county  officers  are  paid,  which  shall  be  in  full  for  all  services  ren- 
dered by  them  in  criminal  eases;  in  townships  having  a  population 
of  more  than  four  thousand,  fifty  dollars  per  month;  in  townships  hav- 
ing a  population  of  less  than  four  thousand  and  more  than  twelve 
hundred,  forty  dollars  per  month;  in  townships  having  a  population  of 
less  than  twelve  hundred  and  more  than  eight  hundred,  thirty  dollars 
per  month;  in  townships  having  a  population  of  less  than  eight  hun- 
dred, twenty  dollars  per  montli;  and  in  civil  cases  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law.  Constables  shall  also  be  al- 
lowed by  the  board  of  supervisors  in  criminal  cases  only,  necessary 
traveling  expenses,  and  necessary  expense  of  conveying  criminals  and 
persons   charged    with   crime. 

Supervisors. 

13.  lO.ich  supervisor,  twelve  hundred  dollars  per  annum,  which  shaTl 
be  in  full  for  all  services  as  supervisors  and  road  commissioners;  and 
there  shall  be  allowed  to  each  supervisor  necessary  traveling  expenses 
when  strii'tly  on  county  business  witliout   the  county. 

Population  of  townships,  how  determined. 

10.  For  tlie  juirpose  of  subdivisions  13  and  14,  of  this  section,  the  popu- 
lation of  the  several  .judicial  townships  shall  be  ascertained  by  the  board 
of  supervisors  by  multiplying  by  five  the  registered  vote  in  each  town- 
ship on  the  first  day  of  June,  1913. 

Fees,  jurors. 

17.  The  fees  of  grand  .iurors  and  trial  jurors  in  the  superior  court  of 
said  counties  of  the  thirt.v-scventh  class,  shall  be  three  dollars  per  day 
for  each  day's  attendance  and  mileage,  to  be  computed  at  the  rate  of 
fifteen  cents  ]ier  mile  for  each  mile  necessarily  traveled  in  attending 
court,  in  going  only.  In  criminal  cases  such  fees  and  mileage  of  said 
trial  .iurors  in  the  superior  court  shall  be  paid  by  the  treasurer  of  the 
county  out  of  the  general  fund  of  said  county  upon  warrants  drawn  bv 
the  county  auditor  on  the  written  order  of  the  judge  of  the  court  in  which 
juror  was  in  attendance,  and  the  treasurer  of  said  county  shall  pay  such 
warrants. 

Salaries  payable  in  monthly  installments. 

18.  All  salaries  provided  for  in  this  article  shall  he  paid  out  of  the 
treasury  of  the  countv,  in  monthlv  installments.  [Anieudoient  approved 
June  IC,  1913;  Stats.  1913,  p.  12Sl".] 

Also    amended    February    28,    1911    (Stats.    1911,    p.    218). 


775  POLITICAL  CODE.  ^  4267 

Counties,  thirty-eighth  class — Yuba.     Salaries  of  officers. 

§  4267.  In  couuties  of  the  thirty-eighth  class  the  county  officers  shall 
receive,  as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  three  thousand  dollars  per  annum;  and  the  said 
county  clerk  may  appoint  one  deputy  county  clerk,  which  said  office  of 
deputy  county  clerk  is  hereby  created.  The  salary  of  such  deputy  county 
clerk  is  hereby  fixed  at  twelve  hundred  dollars  per  annum,  such  salary  to 
be  paid  at  the  same  time  and  in  the  same  manner  as  the  salary  of  county 
officers  is  paid. 

2.  The  sheriff,  four  thousand  dollars  per  annum,  and  actual  traveling 
expenses  incurred  in  the  pursuit  or  arrest  of  criminals,  either  in  or  out 
of  his  county. 

3.  The  recorder,  one  thousand  five  hundred  dollars  per  annum;  and 
the  said  recorder  may  appoint  one  deputy  recorder,  which  said  office  of 
deputy  recorder  is  hereby  created.  The  salary  of  such  deputy  recorder 
is  hereby  fixed  at  one  thousand  dollars  per  annum,  such  salary  to  be  paid 
at  the  same  time  and  in  the  same  manner  as  the  salary  of  count}^  officers 
is  paid. 

4.  The  auditor,  one  thousand  dollars  per  annum. 

5.  The  treasurer,  one  thousand  five  hundred  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  dollars  per  annum,  which  shall  be  in 
full  for  all  services  as  tax  collector  and  as  license  collector. 

7.  The  assessor,  two  thousand  five  hundred  dollars  per  annum.  The 
said  assessor  may  appoint  one  deputy  assessor,  which  said  office  of  deputy 
assessor  is  hereby  created,  who  shall  serve  as  such  only  during  the  months 
of  March,  April,  May  and  .Tune  of  each  year.  Said  deputy  assessor  shall 
receive  a  salary  of  one  hundred  dollars  per  month,  payable  during  the 
period  of  such  service,  at  the  same  time  and  in  the  same  manner  as  the 
salary  of  county  officers  is  paid. 

8.  The  district  attorney,  two  thousand  dollars  per  annum. 

9.  The  coroner,  nine  hundred  dollars  per  annum,  and  his  actual  travel- 
ing and  other  expenses  while  performing  the  duties  of  his  office. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  one  thousand  eight  hundred  dollars 
per  annum,  and  actual  traveling  expenses  when  visiting  the  schools  of 
his  county. 

12.  The  surveyor,  twelve  hundred  dollars  per  annum,  and  in  addition 
thereto,  he  shall  receive  his  actual  traveling  and  other  necessary  expenses 
incurred  by  him  while  engaged,  in  work  for  the  county. 

13.  In  counties  of  this  class  the  township  officers  shall  receive  the  fol- 
lowing compensation,  to  wit: 

In  townships  having  a  population  of  three  thousand  or  more,  justices 
of  the  peace  and  constables  shall  each  receive  a  monthly  salary  of  sixty 
dollars  per  month. 


§  4268  POLITICAL  CODE.  776 

In  townships  having  a  population  of  fifteen  hundred  and  less  than 
three  thousand,  the  justices  of  the  peace  and  constables  shall  each  receive 
a  monthly  salary  of  forty-five  dollars  per  month. 

In  townships  having  a  population  of  eight  hundred  and  less  than  fif- 
teen hundred,  the  justices  of  the  peace  and  constables  shall  each  receive 
a  monthly  salary  of  thirty-five  dollars  per  month. 

In  townships  having  a  population  of  five  hundred  and  less  than  eight 
hundred,  the  justices  of  the  peace  and  constables  shall  each  receive  a 
monthly  salary  of  twenty  dollars  per  month. 

In  townships  having  a  population  of  less  than  five  hundred,  the  justices 
of  the  peace  and  constables  shall  each  receive  a  monthly  salary  of  ten 
dollars  per  month. 

The  above-named  salaries  shall  be  in  full  compensation  for  all  services 
of  said  justices  of  the  peace  and  constables  io  criminal  cases;  provided, 
that  in  addition  to  the  salary  herein  allowed,  each  constable  shall  be  paid 
out  of  the  treasury  of  the  county  for  traveling  expenses  outside  of  his 
township,  for  service  of  warrant  of  arrest  or  any  other  paper  in  a  crirai- 
nnl  case,  such  fees  as  they  are  now  or  may  be  hereafter  allowed  by  law, 
for  transporting  prisoners  to  the  county  jail,  the  actual  expenses  of  such 
transportation;  and  provided,  further,  tliat  for  the  purpose  of  this  sub- 
division, the  population  of  the  several  townships  shall  be  ascertained  by 
multiplying  the  number  of  registered  voters  at  the  last  general  election 
by  five.  But  said  justices  of  the  peace  and  constables  may  retain  for 
their  own  use  the  fees  allowed  by  law  in  civil  cases. 

14.  Each  member  of  the  board  of  supervisors,  twelve  hundred  dollars 
per  annum,  and  mileage  when  acting  as  road  commissioner,  twenty-five 
cents  per  mile  one  way;  provided,  the  amount  of  mileage  shall  not  exceed 
the  sum  of  three  hundred  dollars  in  anv  one  year.  [Amendment  ap- 
proved  April   5,    1911;    Stats.    1911,    p.   681. J 

There  was  another  nmendment   of  this  section   adopted  at   the  same   session  of 
the  legislature.      See   Stats.   1911,  p.  220. 

Counties,  thirty-ninth  class — Tuolunine.     Salaries  of  oflftcers. 

§  4268.  In  counties  of  tlio  thirtyiiinth  class  tlie  county  offirers  shall 
receive  as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  office,  the  following  salaries,  to  wit: 

1.  The  count}'  clerk,  two  thousand  four  hundred  dollars  per  annum,  and 
during  each  year  in  which  a  general  election  is  held  throughout  the  state 
he  shall  in  addition  to  said  salary  receive  each  month  for  the  months  of 
August,  September,  October  and  November,  one  hundred  dollars,  and  the 
same  shall  be  so  paid  from  the  same  fund  as  other  salaries  are  paid. 

2.  The  sheriff,  four  thousand  dollars  per  annum,  and  the  fees,  mileage 
and  commissions  for  the  service  of  all  papers  issued  by  any  court  of 
the  state  outside  of  this  county.  Also  his  actual  traveling  expenses  in 
the  execution  of  a  warrant  outside  of  his  county  issued  by  a  magistrate 
or  court  of  his  county. 


777  POLITICAL   CODE.  §  4268 

3.  The  recorder,  one  thousand  five  hundred  dollars  per  annum;  pro- 
vided, that  such  recorder  shall  collect  and  pay  into  the  county  treasury, 
for  the  use  and  benefit  of  the  county,  the  fees  required  by  law  to  be  so 
collected;  and  provided,  that  when  the  amount  of  said  fees  collected  shall 
amount  to  more  than  one  hundred  and  twentj'-five  dollars  in  any  month, 
the  recorder  may  receive  and  retain  for  his  own  use,  in  addition  to  his 
salary,  all  fees  in  excess  of  one  hundred  and  twenty-five  dollars,  and  not 
exceeding  one  hundred  and  seventy-five  dollars,  in  any  month  so  collected; 
so  that  the  amount  of  fees  thus  received  by  the  recorder  for  his  own  use, 
plus  the  salary,  shall  not  exceed  the  sum  of  one  hundred  and  seventy-five 
dollars  in  any  one  month. 

4.  The  auditor,  one  thousand  dollars  per  annum. 

5.  The  treasurer,  one  thousand  four  hundred  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  two  hundred  dollars  per  annum  and 
ten  per  cent  of  all  licenses  collected  by  him. 

7.  The  assessor,  twenty-six  hundred  dollars  per  annum;  provided,  that 
in  counties  of  this  class  there  shall  be  one  deputy  assessor,  who  shall  be 
appointed  by  the  assessor  of  said  county  and  who  shall  hold  office  from 
12  o'clock  meridian  of  the  first  Monday  of  March  of  each  year  up  to 
12  o'clock  meridian  of  the  first  Monday  in  July  of  each  year.  The 
salary  of  said  deputy  assessor  herein  provided  for  is  hereby  fixed  at  the 
sum  of  one  hundred  dollars  per  month  during  which  months  he  shall  hold 
office  as  herein  provided,  which  said  salary  shall  be  paid  by  said  county 
at  the  same  time  and  in  the  same  manner  and  out  of  the  same  fund  as 
is  the  salary  of  the  assessor. 

8.  The  district  attorney,  fifteen  hundred  dollars  per  annum. 

9.  The  coroner,  six  hundred  dollars  per  annum. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

11.  The  superintendent  of  schools,  one  thousand  dollars  per  annum, 
and  actual  traveling  expenses  while  visiting  the  schools  of  his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law;  provided,  he  shall  be  given  all  work  for  the  county  in  which 
the  county  employs  a  surveyor  or  civil  engineer;  and  provided,  further, 
that  it  shall  be  the  duty  of  the  board  of  supervisors  of  counties  of  this 
class  to  so  employ  him. 

13.  Supervisors,  each  the  sum  of  nine  hundred  dollars  per  annum  for 
all  services  performed  by  them,  as  supervisors,  and  members  of  the  board 
of  equalization  and  road  commissioners;  provided,  that  each  supervisor 
shall  receive  ten  cents  for  each  mile  traveled  by  the  ordinary  route,  in 
going  from  his  residence  to  the  county  seat  and  returning,  once  during 
each  month. 

14.  For  the  purpose  of  regulating  the  compensation  of  justices  of  the 
peace  and  constables,  townships  of  this  class  of  counties  are  hereby 
classified  according  to  their  population  as  shown  by  the  federal  census 
of  nineteen  hundred;  townships  having  a  population  of  two  thousand 
four  hundred  and  not  over  four  thousand  shall  be  classified  as  townships 


§  4268  POLITICAL   CODE.  778 

of  the  first  class,  and  townships  having  a  population  of  less  than  two 
thousanrl  four  hundred  shall  belong  to  and  be  known  as  townships  of  the 
second   class. 

lo.  In  townships  of  the  first  class,  justices  of  the  peace  shall  receive 
sixty  dollars  a  month  to  be  paid  each  month  out  of  the  same  fund  and 
at  the  same  time  as  the  county  officers  are  paid,  and  which  sum  shall  be 
in  full  compensation  for  all  services  rendered  by  them  in  criminal  cases. 

In  townships  of  the  second  class,  justices  of  the  peace  shall  receive 
fifty  dollars  per  month  to  be  paid  each  month  out  of  the  same  fund  and 
at  the  same  time  as  the  county  officers  are  paid  and  which  sum  shall  be  in 
full  compensation  for  all  services  rendered  by  them  in  criminal  cases. 

16.  Constables  in  counties  of  this  class  shall  receive  the  following 
momthly  salaries  to  be  paid  each  month  out  of  the  same  fund  and  at  the 
same  time  as  the  county  officers  are  paid,  which  sum  shall  be  in  full 
compensation  for  all  services  rendered  by  them  in  criminal  cases,  the 
same  to  include  all  costs  of  transportatioA  of  all  prisoners  within  the 
county,  to  wit:  Constables  in  townships  of  the  first  class  shall  receive  a 
monthly  salary  of  seventy-five  dollars  per  month,  and  constables  of 
townships  of  the  second  class  shall  receive  a  monthly  salary  of  sixty 
dollars  per  month.  Provided,  further,  that  when  any  constable  is  re- 
quired to  serve  a  warrant  of  arrest  or  any  other  paper  in  a  criminal  case 
he  shall  be  allowed  mileage  both  going  and  coming,  at  the  rate  of  ten 
cents  per  mile,  but  shall  not  be  allowed  any  sum  for  any  other  expenses. 

17.  In  counties  of  this  class  the  official  reporter  of  the  superior  court 
shall  receive,  as  full  compensation  for  taking  notes  in  civil  and  criminal 
cases  tried  in  said  court,  such  fees  as  are  now  or  may  be  hereafter  pro- 
vided by  law;  said  compensation  for  jier  diem  and  transcription  in 
criminal  cases  to  be  audited  and  allowed  upon  a  wfitten  order  of  the 
court,  and  paid  out  of  the  county  treasury,  and  in  civil  cases  to  be  paid 
by  the  party  ordering  the  same,  or,  when  ordered  by  the  judge,  by  cither 
party,  or  jointly  by  both  parties,  as  the  court  may  direct. 

Jurors'  and  witness  fees,  in  criminal  cases,  shall  be  as  follows: 

18.  For  attending  as  a  grand  juror  or  a  trial  juror  in  the  superior 
court,  in  criminal  cases  only,  for  each  day's  attendance,  per  day,  three 
dollars;  for  each  mile  actually  traveled  in  attending  court  as  such  juror 
under  summons  or  under  order  of  court,  in  criminal  cases,  in  going  only, 
per  mile,  twenty-five  cents  and  the  county  clerk  shall  certify  to  the 
auditor  the  number  of  days'  attendance  and  number  of  miles  traveled  by 
each  juror,  and  the  auditor  shall  then  draw  his  warrant  therefor  and 
the  treasurer  shall  pay  the  same. 

Witness  fees  shall  be  as  follows: 

19.  For  each  day's  actual  attendance,  when  legally  required  to  attend 
upon  the  superior  court,  per  day,  one  dollar  and  fifty  cents  in  criminal 
cases.  Mileage  actually  traveled,  one  way  only,  per  mile,  ten  cents; 
provided,  however,  that  such  [ler  diem  and  mileage  shall  only  be  al- 
lowed on  a  showing  to  the  court,  by  the  witness,  that  he  is  in  indigout 


779  POLITICAL   CODE.  §  4269 

circumstances  and  is  unable  to  bear  the  expense  incident  to  attending 
court,  while  required  so  to  do,  and  that  such  per  diem  and  mileage  are 
necessary  for  the  expenses  of  the  witness  in  attending;  and  the  court 
shall  determine  the  necessity  of  the  same,  and  shall  then  make  an  order 
directing  the  auditor  to  draw  his  warrant  on  the  county  treasurer  for  the 
amount  allowed,  and  the  treasurer  shall  pay  the  same.  The  court  may 
disallow  any  fee  to  a  witness  unnecessarily  subpoenaed.  [Amendment 
approved  February  28,  1911;  Stats,  1911,  p.  221.] 

Counties,  fortieth  class — Calaveras.     Salaries  of  officers. 

§  4269.  In  counties  of  the  fortieth  class,  the  county  officers  shall  re- 
ceive as  compensation  for  the  services  required  of  thom  by  law,  or  by 
virtue  of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  one  thousand  five  hundred  dollars  per  annum. 

2.  The  sheriff,  three  thousand  five  hundred  dollars  per  annum,  and  a 
jailer  at  fifty  dollars  per  month,  to  be  paid  out  of  the  county  treasury; 
provided,  the  sheriff  shall  also  receive  for  his  own  use  and  benefit  his 
necessary'  expenses  in  all  criminal  cases,  to  be  allowed  as  other  county 
charges  are  allowed  by  law;  and  provided,  further,  that  the  sheriff  shall 
also  receive  for  his  own  use  and  benefit  the  mileage,  fees  and  commission 
for  all  services  of  all  papers  whatsoever  issued  by  any  court  of  the 
state. 

3.  The  recorder,  one  thousand  five  hundred  dollars  per  annum.  In 
counties  of  this  class  the  recorder  may  appoint  a  copyist  for  service  in 
his  office,  which  office  of  copyist  for  the  county  recorder  is  hereby 
created,  and  said  copj'ist  shall  receive  as  compensation  for  his  services 
the  sum  of  nine  hundred  dollars  per  annum,  to  be  paid  out  of  the  county 
treasury  in  equal  monthly  installments  in  the  same  manner  and  at  the 
same  time  as  other  county  officers  are  paid.  * 

4.  The  auditor,  one  thousand  dollars  per  annum. 

5.  The  treasurer,  one  thousand  five  hundred  dollars  per  annum. 

6.  The  tax  collector,  twelve  hundred  dollars  per  annum  -and  ten  per 
cent  of  all  licenses  collected  by  him;  and  a  deputy,  at  four  dollars  per 
day  for  not  more  than  one  hundred  days  in  any  one  year,  to  be  paid  out 
of  the  county  treasury. 

7.  The  assessor,  two  thousand  five  hundred  dollars  per  annum  and  two 
deputies  at  a  salary  of  five  dollars  each  per  day  for  not  more  than  one 
hundred  days  in  any  one  year,  and  two  deputies  additional,  at  a  salary 
of  five  dollars  each  per  day  for  not  more  than  fifty  days  in  any  one 
year;  such  deputies  to  be  paid  out  of  the  county  treasury. 

8.  The  district  attorney,  two  thousand  dollars  per  annum  and  neces- 
sary traveling  expenses  to  be  allowed  by  the  board  of  supervisors. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 


§  4269  POLITICAL   CODE.  *  780 

n.  The  superintenflent  of  schools,  fifteen  hundred  dollars  per  annum, 
and  actual  traveling  expenses  when  visiting  the  schools  of  his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law;  provided,  he  shall  be  given  all  work  for  the  county  in  which 
the  county  employs  a  surveyor  or  civil  engineer. 

13.  In  counties  of  this  class,  the  township  officers  shall  receive  the 
following  compensations,  to  wit:  In  townships  having  a  population  of 
over  four  thousand,  justices  of  the  peace  shall  receive  a  monthly  salary 
of  sixty  dollars  per  month,  and  constables  a  monthly  salary  of  sixty-five 
dollars  per  month.  The  above-named  salaries  shall  be  in  full  compen- 
sation for  all  services  of  said  justices  of  the  peace  and  constables  in 
criminal  cases,  but  said  justices  of  the  peace  and  constables  may  retain 
for  their  own  use  the  fees  allowed  by  law  in  civil  cases. 

In  townships  having  a  population  of  more  than  twenty-seven  hun- 
dred, and  not  exceeding  four  thousand,  justices  of  the  peace  shall  receive 
a  monthly  salary*  of  thirty  dollars  per  month,  and  constables  a  monthly 
salary  of  forty  dollars  per  month.  The  above-named  salaries  shall  be  in 
full  compensation  for  all  services  of  said  justices  of  the  peace  and  con- 
stables in  criminal  cases,  but  said  justices  of  the  peace  and  constables 
may  retain  for  their  own  use  the  fees  allowed  by  law  in  civil  cases. 

In  townships  having  a  population  of  more  than  two  thousand  and  less 
than  twenty-seven  hundred,  justices  of  the  peace  shall  receive  a  monthly 
salary  of  twenty-five  dollars  per  month  and  constables  a  monthly  salary 
of  thirty-five  dollars  per  month.  The  above-named  salaries  shall  be  in 
full  compensation  for  all  services  of  said  justices  of  the  peace  and  con- 
stables in  criminal  cases,  but  said  justices  of  the  peace  and  constables 
may  retain  for  their  own  use  the  fees  allowed  by  law  in  civil  cases. 

In  townships  ha\ing  a  population  of  less  than  two  thousand,  justices 
of  the  peace  shall  receive  a  monthly  salary  of  twenty  dollars  per  month 
and  constables  a  mmithly  salary  (if  twenty-five  dollars  per  month. 

The  above-named  salaries  shall  be  in  full  compensation  for  all  services 
of  said  justices  of  the  peace  and  constables  in  criminal  cases,  but  said 
justices  of  the  peace  and  constables  may  retain  for  their  own  use  the 
fees  allowed  by  law  in  civil  cases;  provided,  that  where  a  constable 
shall  be  required  to  travel  outside  of  his  own  township,  in  serving  or 
executing  a  warrant  of  arregt  or  any  other  paper  in  a  criminal  case,  ho 
shall  be  allowed,  in  addition  to  the  salary  hereinbefore  provided,  his 
actual  expenses  incurred  in  serving  or  executing  the  same,  to  be  allowed 
by  the  board  of  supervisors;  for  transporting  prisoners  to  the  county 
jail,  the  actual  expenses  of  such  transjiortation;  and  provided,  further, 
that  for  the  purpose  of  this  subdivision,  the  population  of  the  several 
townships  shall  be  ascertained  by  multiplying  the  number  of  registered 
voters  at  the  last  general  election  of  each  township,  by  five.  In  addition 
to  the  above  salaries  allowed  said  justices  of  the  peace  and  constables,  for 
their  services  in  criminal  cases,  they  may  retain  for  their  own  use  the 
fees  allowed  by  law  in  civil  cases. 


781  POLITICAL   CODE.  §  4270 

14.  Each  supervisor,  six  hundred  dollars  per  annum  and  twenty  cents 
per  mile,  travelin<j  to  county  seat,  which  shall  be  in  full  compensation 
for  all  services,  both  as  supervisor  and  road  commissioner;  pro\ided, 
that  in  case  the  said  su{>ervisors  shall  not  serve  as  road  commissioners, 
the  salary  for  supervisor  shall  be  four  hundred  dollars  per  annum. 

15.  For  attending  as  a  grand  juror,  or  a  trial  juror  in  criminal  and 
civil  cases  in  the  superior  court,  for  each  day's  attendance,  three  dol- 
lars; for  each  mile  actually  traveled  one  way  as  such  grand  juror,  or 
trial  juror,  in  the  superior  court,  under  summons  or  order  of  the  court, 
twenty-five  cents.  The  county  clerk  shall  certify  to  the  auditor  the 
number  of  days'  attendance,  and  the  number  of  miles  traveled  Vjy  each 
juror  and  the  auditor  shall  then  draw  his  warrant  therefor  and  the 
treasurer  shall  pay  the  same.  [Amendment  approved  April  27,  1911; 
Stats.  1911,  p.  1178.] 

There  was  another  amendment  of  this  section  at  the  same  session  of  the  legis- 
lature.     See    Stats.    1911,   p.   224. 

Counties,  forty-first  class — Amador.     Salaries  of  officers. 

§  4270.  In  counties  of  the  forty-first  class,  the  county  officers  shall 
receive  as  compensation  for  the  services  required  of  them  by  law,  or 
by  virtue  of  their  office,  the  following  salaries,  to  wit: 

County  clerk. 

1.  The  county  clerk,  one  thousand  five  hundred  dollars  per  annum, 
and  one  deputy  clerk,  w^hich  office  of  deputy  clerk  is  hereby  expressly 
created.  The  office  of  deputy  clerk  shall  be  filled  by  the  clerk  by 
appointment,  with  the  consent  of  the  board  of  supervisors  manifested 
by  at  least  a  four  fifths  vote  thereof,  and  said  deputy  clerk  is  to  be 
at  all  times  as  to  his  duties  under  the  supervision  and  control  of  the 
clerk,  and  said  deputy  clerk  shall  receive  a  salary  of  nine  hundred 
dollars  per  annum. 

Sheriff. 

2.  The  sheriff,  four  thousand  two  hundred  and  fifty  dollars  per  an- 
num; provided,  the  sheriff  shall  also  receive  for  his  own  use  and  benefit 
his  necessary  expenses  in  all  criminal  cases,  to  be  allowed  as  other 
county  charges  are  allowed  by  law;  and  provided,  further,  that  the 
sheriff  shall  also  receive  for  his  own  use  and  benefit,  the  mileage,  fees, 
and  commissions  for  all  services  of  all  papers  whatsoever  issued  by 
any  court  of  the  state  outside  of  his  county. 

Recorder. 

3.  The  recorder,  one  thousand  eight  hundred  dollars  per  annum. 

Auditor. 

4.  The  auditor,  one  thousand  dollars  per  annum. 

Treasurer. 

5.  The  treasurer,  one  thousand  eight  hundred  dollars  per  annum. 


§  4270  POLITICAL   CODE.  782 

Tax  collector. 

6.  The  tax  collector,  five  hundred  dollars  per  annum;  provided,  as 
license  collector,  he  shall,  in  addition,  be  entitled  to  receive,  and  retain 
for  his  own  use  and  benefit,  ten  per  cent  on  all  licenses  collected  by 
him. 

Assessor. 

7.  The  assessor,  one  thousand  eight  hundred  dollars  per  annum.  The 
assessor  s^all  appoint  a  deputy  or  deputies  when  needed,  at  a  per  diem 
of  five  dollars,  but  the  salaries  of  such  deputy  or  deputies  shall  not 
exceed  in  the  aggregate  the  sum  of  twelve  hundred  and  fifty  dollars. 

District  attorney. 

8.  The  <listrict  attorney,  one  thousand  eight  hundred  dollars  per  an- 
num; jirovided,  he  may  charge  and  receive  for  his  own  use  necessary 
expenses  for  traveling  on  county  and  public  business,  to  be  allowed  as 
other  county  charges  are  allowed  by  law. 

Coroner. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

Public  administrator. 

lU.  The  public  administrator,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

Superintendent  of  schools. 

11.  The  superintendent  of  schools,  fifteen  hundred  dollars  per  annum, 
and  actual  traveling  expenses  when  visiting  the  schools  of  his  county, 
which  expenses  shall  not  exceed  three  hundred  dollars  per  annum  and 
shall  be  allowed  and   paid   as  a   county  charge. 

Surveyor. 

12.  The  surveyor,  such  fees  as  are  now  or  may  hereafter  be  allowed 
by  law;  provided,  he  shall  be  given  all  work  for  the  county  in  whiih 
the  county  employs  one  surveyor  or  civil  engineer. 

Justices 'of  the  peace  and  constables. 

18.  In  counties  of  this  class,  the  township  officers  shall  receive  the  fol- 
lowing compensation,  to  wit:  in  townships  having  a  population  of  three 
thousand  or  more,  justices  of  the  peace  shall  receive  a  monthly  salary 
of  fifty  dollars  per  month,  and  constables  a  monthly  salary  of  sixty 
dollars  per  month.  In  townships  having  a  poi)ulation  of  more  than 
twenty-two  hundred  and  less  than  three  thousand,  the  .instices  of  the 
peace  shall  receive  a  monthly  salary  of  forty-five  dollars  per  month, 
and  constables  a  monthly  salary  of  fifty-five  dollars  per  month.  In 
townships  having  a  population  of  more  than  eighteen  hundred  and 
less  than  twenty-two  hundred,  justices  of  the  peace  shall  receive  a 
monthly   salary   of   forty   dollars   per   month,   and   constables   a   monthly 


783  POLITICAL   CODE.  §  4271 

salary  of  fifty  dollars  per  month.  In  townships  having  a  population 
of  more  than  fourteen  hundred  and  less  than  eighteen  hundred,  justices 
of  the  peace  shall  receive  a  monthly  salary  of  thirty  five  dollars  per 
month,  and  constables  a  monthly  salary  of  forty-five  dollars  per  month 
In  townships  having  a  population  of  less  than  fourteen  hundred,  justices 
of  the  peace  shall  receive  a  monthly  salary  of  thirty-five  dollars  per 
month,  and  constables  a  monthly  salary  of  forty  dollars  per  month. 
The  salaries  above  specified  shall  be  in  full  compensation  of  justices  of  the 
peace  for  all  services  of  every  kind  and  description  rendered  by  them 
whether  in  criminal  or  in  civil  cases,  but  the  salaries  of  constables  as 
above  specified  shall  be  in  full  compensation  for  all  services  in  criminal 
cases  only  rendered  by  said  constables  and  they  may  retain  for  their  own 
use  and  benefit  the  fees  allowed  by  law  in  civil  cases;  provided,  that 
in  addition  to  the  salary  herein  allowed,  each  constable  shall  be  paid 
out  of  the  treasury  of  the  county  for  traveling  expenses  outside  of  his 
township,  for  service  of  a  warrant  of  arrest  or  any  other  paper  in  a 
criminal  case,  such  fees  as  they  are  now  or  may  be  hereafter  allowed 
by  law;  for  transporting  prisoners  to  the  county  jail,  the  actual  expenses 
of  such  transportation ;  and  provided,  further,  that  for  the  purpose  of 
this  section  the  population  of  the  several  townships  shall  be  ascertained 
by  multiplying  the  number  of  registered  voters  at  the  last  general  elec- 
tion by  three  and  one-half   (3^). 

Supervisors. 

14.  Each  supervisor,  four  hundred  dollars  per  annum,  and  ten  cents 
per  mile  for  traveling  to  and  from  his  residence  to  the  county  seat 
at  each  session;  and,  unless  otherwise  provided  by  law,  when  serving 
as  road  commissioner,  three  dollars  per  day.  But  he  shall  not  in  any 
one  year  receive  more  than  three  hundred  dollars  for  services  as  such 
road  commissioner. 

Fees,  jurors. 

15.  Grand  jurors,  and  jurors  in  the  superior  court  in  criminal  cases 
shall  be  paid  three  dollars  per  day  for  each  day's  attendance,  and  for 
each  mile  actually  traveled,  in  going  only,  while  acting  as  such  jurors, 
twenty-five  cents;  and  the  judge  of  said  court  shall  make  an  order 
directing  the  auditor  to  draw  his  warrant  on  the  treasurer  in  favor  of 
each  such  juror  for  said  per  diem  and  mileage,  and  the  treasurer  shall 
pav  the  same.  [Amendment  approved  June  16,  1913;  Stats.  1913, 
p.  ^1274.] 

Also   amended  February   28,    1911    (Stats.   1911,  p.   226),   and  April   27,    1911 
(Stats.   1911,  p.  1180). 

Counties,  forty-second  class — Madera.     Salaries  of  officers. 

§  4271.  In  counties  of  the  forty-second  class,  the  county  officers  shall 
receive,  as  compensation  for  the  services  required  of  them  by  law  oi 
by  virtue  of  their  oflSces,  the  following  salaries,  to  wit: 


§  4271  POLITICAL   CODE.  784 

County  clerk. 

1.  The  county  clerk,  two  thousand  dollars  per  annum;  provided,  that 
in  coiinlips  of  this  class  there  shall  be  and  is  hereby  allowed  to  the 
county  clerk  one  deputy  clerk,  who  shall  be  appointed  by  the  county 
clerk  and  shall  be  paid  as  salary  the  sum  of  one  thousand  two  hundred 
dollars  per  annum,  which  sum  shall  be  paid  by  said  county  in  equal 
monthly  installments  at  the  same  time  and  in  the  same  manner  arid  out 
of  the  same  fund  as  the  salary  of  the  county  clerk. 

Sheriif. 

2.  The  sheriff,  five  thousand  dollars  per  annum  and  such  mileage  as 
is  allowed  by  law  for  service  of  all  papers  wherever  issued  by  any  court 
outside  this  [his]  county  and  all  mileage  for  service  of  paper  in  civil 
cases  in  his  own  county  and  actual  expenses  incurred  in  criminal  cases 

Recorder. 

3.  The  recorder,  two  thousand  one  hundred  dollars  per  annum;  pro- 
vided, further,  that  in  counties  of  this  class  there  shall  be  and  is 
hereby  allowed  to  the  recorder,  one  deputy  recorder  who  shall  be  ap- 
pointed by  the  recorder  and  shall  be  paid  a  sum  of  one  hundred  dollars 
per  month;  also,  an  additional  dcjiuty  recorder  who  shall  be  appointed 
by  the  recorder  and  who  shall  be  paid  a  salary  of  seventy-five  dollars 
per  month,  which  said  sum  shall  be  paid  by  said  county  in  equal 
monthly  installments  at  the  same  time,  in  the  same  manner  and  out 
of  the  same  fund  as  the  salary  of  the  recorder  is  paid. 

Auditor. 

4.  The  auditor,  the  sum  of  two  thousand  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  there  is  hereby  allowed 
to  the  auditor  one  deputy  auditor,  which  said  oflice  is  hereby  created, 
who  shall  be  appointed  by  the  auditor  and  shall  be  paid  a  salary  of 
seventy-five  dollars  per  month,  which  sum  shall  be  paid  by  said  county 
in  monthly  installments  at  the  same  time  and  in  the  same  manner  and 
out  of  the  same  funds  as  the  salary  of  the  auditor. 

Treasurer. 

5.  The  treasurer,  one  thousand  six  hundred  and  twenty  dollars  per 
annum. 

Tax  collector. 

6.  The  tax  collector,  one  thousand  eight  hundred  dollars  per  annum; 
provided,  that  in  counties  of  this  class  there  shall  be  and  there  is 
hereby  allowed  to  the  tax  collector  one  deputy  tax  collector,  which  said 
office  is  hereby  created,  for  the  months  of  October,  November,  i[j'-ch, 
and  April  of  each  j'ear,  said  deputy  tax  collector  to  be  appointed  by 
the  tax  collector  and  shall  be  paid  the  salary  of  seventy  five  dollars 
per  month  for  the  mouths  so  employed,  which  said  sum  shall  be  pail 
by   the   county   in   monthly   installments   at   the   same    time    and   in    the 


785  POLITICAL   CODE.  §  4271 

i^ame   manner  and   out   of   the   game   fund   as   the   salary   of  the   tax  »col- 
leetor. 

Assessor. 

7.  The  assessor,  two  thousand  five  hundred  dollars  per  annum;  pro- 
vided, that  in  counties  of  this  class  there  shall  be  one  deputy  as- 
sessor who  shall  be  apjiointed  by  the  assessor  and  shall  receive  as 
compensation  for  all  services  performed  by  him  the  sum  of  one  hundred 
dollars  per  month;  and  provided,  further,  that  the  assessor  may  also 
appoint  four  additional  deputies  for  a  period  of  three  months  during 
each  year,  which  offices  of  deputy  assessors  are  hereby  created  and 
such  deputy  assessors  shall  receive  as  compensation  for  all  services 
as  such  deputy  assessors  the  sum  of  four  dollars  per  day  each,  for  each 
day  actually  and  necessarily  employed  as  such  said  deputies,  to  be  paid 
out  of  the  county  treasury  in  the  same  manner,  at  the  same  time  and 
out  of  the  same  funds  as  the  salaries  of  the  other  county  officers  are 
paid. 

District  attorney. 

8.  The  district  attorney,  two  thousand  dollars  per  annum;  provided, 
that  in  lieu  of  a  temporary  deputy  heretofore  provided  for  by  law, 
the  district  attorney  may  appoint  a  stenographer,  whose  compensation 
shall  be  sixty  dollars  per  month,  and  such  allowance  shall  be  made 
as  other  claims  are  allowed  by  the  board  of  supervisors,  and  when  so 
allowed   shall   be  paid  out  of  the   salary   fund. 

Coroner. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

Public  administrator. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law. 

Superintendent  of  schools. 

11.  The  superintendent  of  schools,  one  thousand  eight  hundred  dol- 
lars per  annum;  provided,  that  in  counties  of  this  claSs  there  shall 
be  and  is  hereby  allowed  to  the  superintendent  of  schools  a  deputy 
who  shall  be  appointed  by  the  superintendent  of  schools  and  paid 
a  salary  of  five  hundred  dollars  per  annum,  said  salary  to  be  paid  by 
said  county  in  monthly  installments  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  fund  as  the  salary  of  the  superintendent  of 
schools  is  paid. 

Surveyor. 

12.  The  surveyor,  ten  dollars  per  day  when  engaged  in  county  work. 
He  shall  also  receive  his  actual  expenses' when  at  work  in  the  field. 

50 


§§  4271a,  4272       political  code.  786 

Township  officers. 

13.  In  counties  of  this  class  the  township  officers  shall  receive  the 
following  compensation  for  all  services  rendered  by  them  in  criminal 
matters  of  whatever  kind,   character  or   description. 

Justices  of  the  peace  and  constables. 

14.  In  townships  having  a  pojiulation  of  four  thousand  or  more,  jus- 
tices of  the  peace  and  constables  shall  each  receive  a  monthly  salary 
of  one  hundred  and  twenty-five  dollars,  to  be  paid  each  month  in 
the  same  manner  and  out  of  the  same  fund  as  the  salary  of  county 
officers  are  paid.  In  townships  having  a  population  of  less  than  four 
thousand,  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law. 
In  addition  to  the  monthly  salaries  allowed  herein,  each  township  offi- 
cer may  receive  for  his  own  use  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law  in  civil  actions. 

Supervisors. 

15.  Each  member  of  the  board  of  supervisors,  one  thousand  two  hun- 
dred dollars  per  annum  and  twenty-five  cents  per  mile  while  traveling 
from  their  respective  residence  to  the  county  seat  not  more  than  onoe 
each  month;  and  provided,  further,  that  said  supervisors  shall  act  as 
road  commissioners  in  their  respective  districts,  which  offices  are  hereby 
created  and  shall  receive  for  the  service  of  such  road  commissioner  mile- 
age at  the  rate  of  twenty-five  cents  per  mile  for  all  distances  actually 
traveled  by  them  in  the  discharge  of  their  duty  as  such  road  commis- 
sioner; and  provided,  further,  that  such  mileage  as  road  commissioner 
shall  not  in  any  one  year  exceed  the  sum  of  six  hundred  dollars  for  any 
one  of  said  road  commissioners. 

Reporter. 

16.  In  counties  of  this  class,  the  official  reporter  of  the  superior  court 
shall  receive  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law. 
The  compensation  allowed  each  officer  above  enumerated  shall  be  in 
full  payment  for  all  services  performed  by  them,  [.\meudnient  ap- 
proved June   16,   1913;   Stats.   1913,  p.   1186.] 

Also    amended    February    28,    1911    (Stats.    1911,   p.    228),   and   April    12,    1911 
(Stats.    1911,  p.   885). 

County  surveyor,  assistants  to. 

§  i'Zlla,.      [Kepealed  February  28,  1911;  Stats.  1911,  p.  20."^.] 

Counties,  forty-third  class — San  Benito.     Salaries  of  officers. 

§  4272.  In  counties  of  the  forty-third  class  the  county  officers  shall 
receive,  as  compensation  for  the  services  required  of  them  by  law  or 
by   virtue   of  their  office,  the  following  salaries,  to  wit: 

County  clerk. 

1.  The  county  clerk,  one  thousand  nine  hundred  and  twenty  dollars 
per  annum,  and  such  fees  as  he  may  be  now  or  hereafter  allowed  by 


787  POLITICAL   CODE.  §  4272 

law  to  retain;  provided,  that  in  counties  of  this  class  there  shall  be 
and  there  hereby  is  allowed  to  the  county  clerk  one  deputy  clerk,  who 
shall  be  appointed  by  the  county  clerk  and  shall  be  paid  a  salary  as 
follows;  the  sum  of  one  thousand  dollars  per  annum,  which  sum  shall 
be  paid  by  the  said  county  in  equal  monthly  installments  at  the  same 
time  and  in  the  same  manner  and  out  of  the  same  fund  as  the  salary 
of  the  county  clerk  is  paid. 

Sheriff. 

2.  The  sheriff,  three  thousand  five  hundred  dollars  per  annum.  The 
sheriff  shall  also  receive  for  his  own  use  and  benefit  all  fees,  commis- 
sions, and  mileage,  in  all  civil  cases  within  his  county,  and  all  fees, 
commissions  and  mileage  for  service  of  any  papers  issued  by  any  court 
outside  of  his  county. 

Recorder. 

3.  The  recorder,  twelve  hundred  dollars  per  annum,  and  such  fees 
as  he  may  be  now  or  hereafter  allowed  by  law  to  retain.  The  board 
of  supervisors  is  hereby  authorized  to  employ  such  number  of  copyists 
at  such  salaries  and  for  such  length  of  time  as  the  said  board  may 
deem  necessary  to  properly  and  expeditiously  record  all  instruments 
and  documents  filed  for  record  in  the  ofiice  of  the  county  recorder  of 
such  county,  and  the  salary  of  such  copyist  or  copyists  shall  be  paid 
out  of  the  general  fund  of  said  county. 

Auditor. 

4.  The  auditor,  six  hundred  dollars  per  annum. 

Treasurer. 

5.  The  treasurer,  one  thousand  five  hundred  and  sixty  dollars  per 
annum. 

Tax  collector. 

6.  The  tax  collector,  seven  hundred  dollars  per  annum. 

Assessor. 

7.  The  assessor,  twenty-four  hundred  dollars  per  annum.  He  shall 
also  be  permitted  to  appoint  such  deputies  as  he  may  desire,  of  whom 
one  shall  be  paid  by  the  county  for  the  term  of  six  months,  begin- 
ning on  the  first  Monday  in  January  in  each  year  at  the  rate  of 
one  hundred  [dollars]  per  month,  and  one  of  whom  shall  be  paid  by 
the  county  for  the  term  of  four  months,  beginning  on  the  first  Monday 
in  March  in  each  year,  at  the  rate  of  one  hundred  dollars  per  month, 
and  one  of  whom  shall  be  paid  by  the  county  at  the  rate  of  one  hun- 
dred dollars  per  month  for  the  term  of  two  months,  said  term  begin- 
ning on  the  first  Monday  of  March  of  each  year.  The  board  of  super- 
visors shall  allow  the  assessor  to  appoint  extra  deputies,  other  than  as 
above  provided,  in  the  ratio  of  one  for  every  three  hundred  assessment 


§  4272  POLITICAL  CODE.  788 

statements,  or  major  fraction  thereof  in  excess  of  twenty-eight  hundred 
statements  and  said  extra  deputies  shall  each  serve  four  months  in 
each  year,  at  will  of  the  assessor,  and  shall  be  paid  each  one  hundred 
dollars  per  month.  All  salaries  of  deputies  as  above  provided,  shall 
be  paid  in  the  same  manner,  and  at  the  same  time  as  the  salary  of  the 
assessor  is  paid.  All  commissions  allowed  by  law  to  the  assessor  for 
the  collection  of  poll  tax,  road  poll,  personal  property  or  special  taxes, 
shall  be  paid  into  the  county  treasury  by  the  assessor,  monthly  as  col- 
lected, for  the  use  of  the  county,  and  shall  be  apportioned  by  the 
auditor  and  the  treasurer  to  the  salary  fund. 

District  attorney. 

8.  The  district  attorney,  one  thousand  five  hundred  dollars  per  an- 
num. 

Coroner. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed 
by  law. 

Public  administrator. 

10.  The  iniblic  administrator,  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law. 

Superintendent  of  schools. 

11.  The  sui)eriiitcndent  of  schools,  eighteen  hundred  dollars  per  an- 
num, and  actual  traveling  expenses  when  visiting  the  schools  of  his 
county. 

Surveyor. 

12.  The  surveyor,  such  fees  as  are  now  or  may  hereafter  be  allowed 
by  law. 

Justices  of  the  peace. 

13.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries, 
to  be  paid  each  month,  and  in  the  same  manner  and  out  of  the  same 
fund  as  county  officers  are  paid,  which  shall  be  in  full  for  all  services 
rendered  by  them  in  criminal  cases:  In  townships  having  a  population 
of  more  than  twenty-five  hundred,  ninety  dollars  per  month;  in  town- 
ships having  a  population  of  less  than  twenty-five  hundred  and  more 
than  one  thousand,  thirty  dollars  per  month;  in  townships  having  a 
population  of  less  than  one  thousand  aud  more  than  six  hundred,  twenty 
dollars  per  month;  in  townships  having  a  population  of  less  than  six 
hundred,  fifteen  dollars  per  month.  The  compensation  herein  fixed  for 
justices  of  the  peace  shall  be  in  full  for  ^11  services  rendered,  and  all 
fees  collected  by  them  shall  be  paid  into  the  county  treasury  as  pro 
vided  by  law;  provided,  that  justices  of  the  peace  -now  holding  office 
shall,  during  their  present  term,  be  entitled  to  retain  for  their  own 
use  all  civil  fees. 


789  POLITICAL  CODE.  §  4273 

Constables. 

14.  Constables  shall  receive  the  following  monthly  salaries  to  be  paid 
each  month,  and  in  the  same  manner  and  out  of  the  same  fund  as 
county  officers  are  paid,  which  shall  be  in  full  for  all  services  rendered 
by  them  in  criminal  cases:  In  townships  having  a  population  of  more 
than  twenty-five  hundred,  thirty-five  dollars  per  month;  in  townships 
having  a  population  of  less  than  twenty-five  hundred  and  more  than 
one  thousand,  fifteen  dollars  per  month;  in  townships  having  a  popula- 
tion of  less  than  one  thousand,  ten  dollars  per  month;  provided,  that 
each  constable  shall  receive  his  actual  and  necessary  expenses  incurred 
in  conveying  prisoners  to  the  county  jail.  In  addition  to  the  compen- 
sation received  in  criminal  cases,  each  constable  shall  receive  and 
retain  for  his  own  use  such  fees  as  are  now  or  may  hereafter  be  al- 
lowed by  law  for  all  services  performed  by  him  in  civil  actions. 

Supervisors. 

15.  Each  supervisor,  six  hundred  dollars  per  annum,  and  twenty  cents 
per  mile  for  traveling  expenses  from  his  residence  to  the  county  seat. 

Board  of  education. 

16.  Each  member  of  the  county  board  of  education,  including  the 
secretary,  shall  receive  one  hundred  and  fifty  dollars  per  annum  as 
compensation  for  his  services  on  the  board  of  education,  and  mileage 
at  the  rate  of  twenty  cents  per  mile,  one  way,  from  his  residence  to 
the  place  of  meeting  of  said  board.  Said  compensation  of  said  mem- 
bers and  of  said  secretary  shall  be  paid  monthly  in  the  same  manner 
and  oiit  of  the  the  same  fund  as  the  salaries  of  other  county  officers 
are  paid.  Claims  for  such  mileage  shall  be  presented  to  and  allowed 
by  the  board  of  supervisors  before  payment.  The  compensation  of  the 
members  of  the  county  board  of  education  herein  provided  is  not  ia 
addition  to  that  provided  in  section  1770. 

Population  of  townships,  how  determined. 

17.  Foi  the  purposes  of  subdivisions  13  and  14  of  this  section,  the 
population  of  the  several  judicial  townships  shall  be  ascertained  by  the 
board  of  supervisors,  by  multiplying  by  five  the  vote  for  presidential 
electors  east  in  each  township  at  the  next  preceding  election.  [Amend- 
ment approved  June  16,  1913;   Stats.  1913,  p.  1419.] 

Also   amended  February   28,    1911    (Stats.   1911,   p.   230),   and  April   27,   1911 
(Stats.   1911,  p.   1166). 

Counties,  forty-fourth  class — Colusa.     Salaries  of  officers. 

§  4273.  In  counties  of  the  forty-fourth  class  the  county  officers  shall 
receive,  as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  office,  the  following  salaries,  to  wit: 

County  clerk. 

].  The  county  clerk,  two  thousand  four  hundred  dollars  per  annum; 
provided,  that  in  counties  of  this  class  there  shall  be,  and  there  is  hereby 


§  4273  POLITICAL   CODE.  790 

allowed  to  the  county  clerk,  one  deputy  clerk,  who  shall  be  appointed  by 
the  county  clerk  and  shall  be  paid  a  salary  as  follows:  the  sum  of  one 
thousand  dollars  per  annum,  which -shall  be  paid  by  said  county  in  equal 
monthly  installments  at  the  time  and  in  the  same  manner  and  out  of  the 
same  fund  as  the  salary  of  the  clerk  is  paid. 

Sheriff. 

2.  The  sheriff,  four  thousand  dollars  per  annum,  and  the  fees  or  com- 
missions for  the  service  of  all  papers  issued  by  any  court  of  the  state 
outside  of  his  county.  Also  his  actual  traveling  expenses  in  the  execu- 
tion of  a  warrant  outside  of  his  county  issued  by  a  magistrate  or  court 
of  his  county.  There  is  also  hereby  allowed  the  sheriflf  one  office  deputy 
who  shall  be  appointed  by  the  sheriff  and  who  shall  be  paid  a  salar_v  of 
one  thousand  dollars  per  annum,  which  shall  be  paid  by  the  county  in 
equal  monthly  installments  at  the  time  and  in  the  same  manner  and  out 
of  the  same  fund  as  the  salary  of  the  sheriff  is  paid.  The  recorder,  six- 
teen hundred  dollars  per  annum,  and  in  addition  to  his  salary  fifty  per 
cent  of  fees  collected  by  him  when  such  fees  are  one  hundred  dollars  or 
less  and  in  addition  tliereto  twenty-five  per  cent  of  all  fees  over  one 
hundred   dollars  so  collected. 

Auditor.  • 

4.  The  auditor,  two  thousand  one  hundred  dollars  per  annnm. 

Treasurer. 

5.  The  treasurer,  two  thousand  dollars  per  annum. 

Tax  collector. 

6.  The  tax  collector,  one  thousand  one  hundred  dollars  per  anihim. 
He  shall  also  receive  as  compensation  to  be  paid  to  him  for  his  services 
one-third  of  one  per  cent  of  all  moneys  collected  by  him  as  tax  collector. 

Assessor. 

7.  Tlie  assessor,  three  thousand  dollar?  per  annum. 

District  attorney. 

S.  The  district  attorney,  two  thousnnd  dollars  per  annum. 

Coroner. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

Public  administrator. 

10.  The  public  ailiiiinisf rator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

Superintendent  of   schools. 

11.  The  superintendent  of  schools,  two  thousand  four  hundred  dollars 
per  annum,  and  actual  traveling  expenses  when  visiting  the  schools  of 
his  county. 


791  POLITICAL  CODE.  §  4273 

Surveyor. 

12.  The  surveyor,  fifteen  hundreil  dollars  per  annum,  whir-h  shnl]  be 
in  full  for  all  services  required  of  him  by  the  superior  court  or  the  board 
of  supervisors,  and  as  ex-offieio  county  recorder;  provided,  that  he  shall 
be  entitled  to  receive  from  the  county  his  actual  and  necessary  traveling 
expenses,  incurred  in  the  performance  of  anj'  order  of  the  court  or  board 
of  supervisors;  for  all  other  services  the  fees  allowed  by  law. 

Justices  of  the  peace. 

13.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries, 
to  be  paid  each  month,  and  in  the  same  manner  and  out  of  the  same 
funds  as  county  officers  are  paid,  which  shall  be  in  full  for  all  services 
rendered  by  them  in  criminal  cases.  In  townships  having  a  population 
of  more  than  nine  hundred,  seventy-five  dollars  per  month;,  in  town- 
ships having  a  population  of  less  than  nine  hundred  and  more  than  five 
hundred,  fifty  dollars  per  month;  in  townships  having  a  jiopulation  of 
less  than  five  hundred,  thirty  dollars  per  mouth.  In  addition  to  the 
compensation  received  in  criminal  cases  each  justice  of  the  peace  shall 
receive  and  retain  for  his  own  use  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law  for  all  services  performed  by  him  in  civil  actions. 

Constables. 

14.  Constables  shall  receive  the  following  monthly  salaries,  to  be  paid 
each  month,  and  in  the  same  manner  and  out  of  the  same  fund  as  county 
officers  are  paid,  which  shall  be  in  full  for  all  services  rendered  by  them 
in  criminal  cases:  in  townships  having  a  population  of  more  than  nine 
hundred,  seventy-five  dollars  per  month;  in  townships  having  a  popula- 
tion of  less  than  nine  hundred  and  more  than  five  hundred,  fifty  dollars 
per  month;  in  townships  having  a  population  of  less  than  five  hundred, 
thirty  dollars  per  month;  provided,  that  each  constable  shall  receive  his 
actual  and  necessary  expenses  incurred  in  conveying  prisoners  to  the 
county  jail.  In  addition  to  the  compensation  received  in  criminal  cases 
each  constable  shall  receive  and  retain  for  his  own  use  such  fees  as  are 
now  or  may  hereafter  be  allovred  by  law  for  all  services  performed  by 
him  in  civil  actions. 

Supervisors. 

15.  Each  supervisor  one  hundred  dollars  per  month^  and  mileage  at 
the  rate  of  twenty  cents  per  mile  for  traveling  from  residence  to  county 
seat  to  attend  upon  a  session  of  the  board.  The  salary  herein  allowed 
shall  be  in  full  for  all  services,  including  duties  as  road  commissioner. 

Reporter. 

16.  The  official  reporter,  such  fees  as  are  now  provided  by  law. 

Surveyor's  assistants. 

17.  The  board  of  supervisors  in  counties  of  this  class  may,  by  resolu- 
tion, authorize  the  county  surveyor  to  employ  such  assistants  as  may  be 


§  4274  POLITICAL    CODE.  792 

necessary  to  perform  such  work  as  may  be  ordered  by  the  board  of 
supervisors  or  prescribed  by  law,  and  fix  the  compensation  of  such  assist- 
ants not  to  exceed  three  dollars  per  day  and  actual  necessary  traveling 
expenses  while  in  the  field;  such  compensation  and  expenses  to  be  allowed 
and  paid  as  countv  charges.  [Amendment  approved  June  16,  1913; 
Stats.   1913,  p.   1371.] 

Also   amended  February  28,    1911    (Stats.    1911,   p.   231),   and   April    17,   1911 
(Stats.  1911,  p.  933). 

Counties,  forty-fifth  class — El  Dorado.     Salaries  of  ofScers. 

§  4274.  In  counties  of  the  forty -fifth  class,  the  county  oflicers  shall 
receive  as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  the  following  salaries  and  fees,  to  wit: 

County  clerk. 

1.  The  county  clerk,  fifteen  hundred  dollars  per  annum  and  such  fees 
for  services  in  naturalizatifm  proceedings  as  by  the  act  of  Congress. 
in  such  case  made  and  provided,  it  is  said  he  may  retain;  and  also  such 
other  fees  as  [he  may]  be  allowed  by  the  law  of  this  state  to  retain; 
and  provided,  that  in  each  year  when  a  new  registration  is  required  he 
shall  receive  in  addition  to  his  salary  the  sum  of  ten  cents  for  each  elector 
registered,  which  amount  shall  be  alloweil  by  the  board  of  supervisors 
at  the  close  of  registration  preceding  a  general  election,  and  paid  from 
the  general  fund  of  the  county;  and  provided,  further,  that  in  counties 
of  this  class  there  shall  be  and  is  hereby  allowed  to  the  county  clerk 
a  deputy,  who  sliall  be  appointed  by  the  county  clerk,  who  shall  be  paid 
a  salary  of  seventy-five  dollars  per  month,  said  salary  to  he  paid  by  said 
county  in  monthly  installments  at  the  same  time  and  in  the  same  manner 
and  out  of  the  same  fund  as  the  salary  of  the  county  clerk  is  paid. 

Sheriflf. 

2.  The  sheriff,  three  thousand  dollars  per  annum,  and  fees,  commissions 
and  niilerge  for  the  service  of  papers  or  process  served  by  him  in  all 
civil  cases  from  any  court,  also  his  necessary  expenses  for  pursuing 
criminals    or    transacting    any    criminal    business. 

Recorder. 

;!.  The  recorder,  eighteen  hundred  dollars  per  annum,  and  all  fees 
and  commissions  allowed  by  law  to  the  registrar  for  preparing  vital 
statistics  for  the  state  of  California,  and  also  the  sum  of  twenty-five 
dollars  per  annum  for  preparing  the  abstract  of  mortgages  for  use  of  the 
county  assessor  as  required  by  law;  jirovided.  that  in  counties  of  this 
class  the  recorder  may  a|ipoint  a  copyi.^t  for  service  in  his  office,  which 
office  of  copyist  for  the  county  recorder  is  hereby  created  and  ^aid 
copyist  shall  receive  as  compensation  for  his  services  the  sum  of  nine 
hundred  dollars  per  annum,  to  be  paid  out  of  the  county  treasury  in 
equal  monthly  installments  in  the  same  manner  and  at  the  same  time 
as    other    county    officers    are    paid. 


793  POLITICAL   CODE,  §  4274 

Auditor. 

4.  The  auditor,  nine  hundred  dollars  per  annum,  and  five  per  cent 
oji  all  amounts  found  to  have  been  paid  out  by  the  county  for  state 
aid  as  per  his  report  as  contemplated  by  section  4099a  of  the  Political 
('ode  of  this  state  or  other  law  providing  for  such  compensation. 

Treasurer. 

.■).  The  treasurer,  fifteen  hundred  dollars  per  annum,  and  provided, 
further,  that  the  treasurer  shall  receive  and  retain  for  his  own  use  the 
commissions  on  all  inheritance  and  transfer  taxes  collected  by  him  in 
accordance  with  the  law. 

Tax  collector. 

6.  The  tax  collector,  five  hundred  dollars  per  annum  and  ten  per  cent 
on  all  licenses  collected  by  him  as  license  collector. 

Assessor. 

7.  The  assessor,  three  thousand  five  hundred  dollars  per  annum  and 
such  fees  as  are  now  or  may  hereafter  be  allowed  by  law. 

District  attorney. 

8.  The    district   attorney,   fifteen    hundred    dollars    per   annum. 

Coroner. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

Public  administrator. 

10.  The  public  administrator,  such  fees  as  are  now  or  may.  hereafter 
be  allowed  by  law. 

Superintendent  of  schools. 

11.  The  superintendent  of  schools,  eighteen  hundred  dollars  per  annum 
and  actual  traveling  expenses  when  visiting  the  schools  of  his  county  and 
also  the  sum  of  five  dollars  per  day  for  his  services  as  secretary  of  the 
board  of  education  for  the  actual  time  that  the  board  may  be  in  session. 

Surveyor. 

12.  The  surveyor,  such  fees  as  are  now  or  may  hereafter  be  allowed 
by  law. 

Justices  of  the  peace. 

13.  Justices  of  the  peace  who  have  their  offices  at  the  county  seat 
shall  receive  a  salary  of  thirty  dollars  per  month;  justices  of  the  peace 
whose  offices  are  not  at  the  county  seat  shall  receive  a  salary  of  fifteen 
dollars  per  month;  which  said  salaries  shall  be  in  full  compensation  for 
all  services  of  every  kind  and  description  rendered  by  them  whether 
civil  or  criminal;  such  salaries  shall  be  payable  in  like  manner  and  out 
of  the  same  funds  and  at  like  times  as  the  salaries  of  county  officers  are 


§  4274  POLITICAL   CODE.  794 

paid;  all  fees  payable  under  the  law  to  such  justices  of  the  peace  shall 
be  turned  over  to  the  county  with  verified  statements  of  the  fees  so 
received,  in  like  manner  and  at  like  times  as  required  of  county  oflScers. 

Constables. 

14.  Each  constable  shall  receive  the  following  fees:  For  serving  all 
summons  in  civil  cases,  for  each  defendant,  including  the  copy  required 
by  law,  one  dollar. 

For  summoning  a  jury  of  twelve  or  less  before  a  justice,  one  dollar  and 
fifty  cents;  for  each  additional  juror  above  twelve,  twenty-five  cents. 

For  taking  any  bond  required  by  law  to  be  taken,  fifty  cents. 

For  subpoenaing  each  witness,   twenty-five   cents. 

For  serving  an  attachment  or  levying  an  execution  on  the  property  of 
a  defendant,  one  dollar  and  fifty   cents. 

For  summoning  and  swearing  a  jury  to  try  the  rights  of  property,  and 
making  a   verdict,   two   dollars. 

For  receiving  and  taking  care  of  property  on  execution,  order  or  at- 
tachment, his  actual  necessary  expenses,  to  be  allowed  by  the  justice 
■who  issued  the  order,  attachment  or  execution  upon  the  affidavit  of  the 
constable  that  the  charges  are  correct  and  that  the  expenses  were 
necessarily  incurred. 

For  collecting  all  sums  on  execution,  three  per  cent  to  be  charged 
against   the  defendant   named  in   the  execution. 

For  serving  a  warrant  or  order  for  the  delivery  of  personal  property, 
or  making  an  arrest  in  a  civil  case,  one  dollar  and  fifty  cents. 

For  making  each  arrest  in  criminal  cases,  two  dollars. 

For  every  mile  necessarily  traveled,  in  going  only,  to  serve  any  civil 
or  criminal  process  or  paper,  or  to  take  a  prisoner  before  a  magistrate 
or  to  prison,  twenty-five  cents;  but  when  two  or  more  persons  are  served 
or  summoned  in  the  same  suit  and  at  tlie  same  time,  mileage  shall  be 
charged  only  for  the  most  distant,  if  they  live  in  the  same  direction. 

For  sales  of  estrays,  the  same  fees  as  for  sales  on  execution. 

For  the  transportation  of  prisoners  to  the  county  jail  the  actual 
necessary  expenses. 

For  attending  a  justice's  court  and  taking  charge  of  a  jury  and  prisoner 
when  required,  two  dollars  for  each  day  of  actual  attendance  upon  the 
court. 

For  all  other  services  the  same  fees  as  are  allowed  sheriffs  for  like 
service. 

Supervisors. 

15.  Each  member  of  the  board  of  supervisors,  four  hundred  dollars  per 
annum  and  twenty  cents  per  mile  for  traveling  from  his  residence  to  the 
county  seat,  also  his  actual  necessary  expenses  while  acting  as  ex-oflicio 
road  overseer  or  commissioner  not  to  exceed  three  hundred  dollars  in 
any  one  year. 


795  POLITICAL   CODE.  §  4275 

Board  of  education. 

16.  Each  member  of  the  board  of  education,  whether  appointed  or  ex 
officio  shall  receive  five  dollars  per  day  as  compensation  for  his  services 
while  in  actual  attendance  upon  said  board,  and  mileage  at  the  rat? 
of  twenty  cents  per  mile,  one  way  only,  from  his  residence  to  the  place 
of   meeting  of  said  board. 

Said  compensation  of  the  members  of  said  board  shall  be  paid  out  of 
the  same  fund  as  the  salary  of  the  superintendent  of  schools  is  paid 
Claims  for  such  services  and  mileage  shall  be  presented  to  the  board  of 
supervisors  and  shall  be  allowed  at  the  rate  above  named  in  the  same 
manner  as  other  claims  against  the  county  are  allowed. 

The  compensation  of  the  members  of  the  county  board  of  education 
herein  provided  for  is  not  in  addition  to  that  provided  in  section  1770  of 
this  code. 

Fees,  jurors  and  witnesses. 

17.  In  the  superior  court  juror's  fees,  and  witness'  fees  in  criminal 
cases,  shall  be  as  follows: 

For  attending  as  a  grand  juror,  for  each  day's  actual  attendance  per  day 
three  dollars,  and  fifteen  cents  per  mile  for  each  mile  actually  traveled 
in  going  only,  and  the  judge  of  said  court  shall  make  an  order  directing 
the  auditor  to  draw  his  warrant  in  favor  of  such  juror  for  said  per  diem 
and  mileage  and  the  treasurer  shall  pay  the  same. 

For  attending  as  a  trial  juror  in  criminal  cases,  for  each  day's  actual 
attendance,  per  day  three  dollars,  and  fifteen  cents  per  mile  for  each 
mile  actually  traveled  in  going  only,  and  the  judge  of  said  court  shall 
make  an  order  directing  the  auditor  to  draw  his  warrant  in  favor  of  such 
juror  for  said  per  diem  and  mileage  and  the  treasurer  shall  pay  the  same. 

For  attendance  as  a  witness  in  criminal  cases  for  each  day's  actual 
attendance  the  sum  of  two  dollars,  and  fifteen  cents  per  mile  for  each 
mile  actually  traveled  in  going  only,  and  the  judge  of  said  court  shall 
make  an  order  directing  the  auditor  to  draw  his  warrant  in  favor  of  such 
witness  for  said  per  diem  and  mileage,  and  the  treasurer  shall  pay  the 
same;  provided,  however,  that  in  criminal  cases  such  per  diem  and 
mileage  shall  only  be  allowed  upon  a  showing  to  the  court  by  the  wit- 
ness, that  the  same  are  necessary  for  the  expenses  of  the  witness  in 
attending,  and  the  court  shall  determine  the  necessity  for  the  same,  and 
may  disallow  any  fees  to  a  witness  unnecessarily  subpoenaed.  [Amend- 
ment approved  June   16,  1913;   Stats.   1913,   p.  127S.] 

Also   amended   February  28,   1911    (Stats.   1911,  p.   233),   and   April   27,   1911, 

(Stats.   1911,  p.  1183). 

Counties,  forty-sixth  class — Glenn.     Salaries  of  officers. 

§  4275.  In  counties  of  the  forty-sixth  class  the  county  officers  shall 
receive,  as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  the  following  salaries,  to  wit: 


§  4275  POLITICAL   CODE,  796 

County  clerk. 

1.  The  county  clerk,  twenty-six  hundred  dollars  per  annum  and  the 
fees  required  of  him  by  law  to  collect,  as  county  clerk,  as  are  now  or  may 
be  hereafter  allowed  by  law  for  such  office,  exclusive  of  such  fees  as 
may  be  provided  by  law  on  account  of  or  for  a  law  library  fund. 

Sheriff. 

2.  The  sheriff,  five  thousand  dollars  per  annum,  and  the  fees  or  com- 
missions for  the  service  of  all  papers  issued  by  anj-  court  of  the  state 
eutside  of  his  county;  also,  his  actual  and  necessary  traveling  expenses 
in  the  execution  of  a  warrant  outside  of  his  county  issued  by  a  court  or 
magistrate  of  his  county. 

Recorder. 

3.  Tlie  recorder,  sixteen  hundred  and  fifty  dollars  per  annum  and  one- 
half  of  the  fees  required  of  him  by  law  to  collect,  as  county  recorder, 
as  are  now  or  may  be  hereafter  allowed  by  law  for  such  office. 

Auditor. 

4.  The  auditor,  fifteen  hundred  dollars  per  annum. 

Treasurer. 

5.  The    treasurer,    two    thousand    dollars    per    annum. 

Tax  collector. 

6.  The  tax  collector,  fifteen  hundred  dollars  per  annum. 

Assessor. 

7.  The  assessor,  twenty-five  hundred  dollars  per  annum. 

District  attorney. 

S.  Tlic  district  attorney,  three  thousand  dollars  per  annum;  provided, 
tliat  said  officer  sliall  refrain  from  the  private  practice  of  law;  provided, 
that  the  sum  of  fifty  dollars  ]ier  month,  in  addition  to  above  expenses, 
shall  be  allowed  to  the  district  attorney  for  the  purpose  of  employing  a 
stenograjiher  for  his  office. 

Coroner. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

Public  administrator. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

Superintendent  of  schools. 

11.  The  suiiorintendent  of  schools,  twenty-seven  hundred  dollars  per 
annum,  and  traveling  expenses  while  visiting  schools  of  his  county;  and 
for  services  as  secretary  of  the  board  of  education  he  shall  receive 
five  dollars  per  day  for  each  day  said  board  is  in  session. 


797  POLITICAL   CODE.  §  4275 

Surveyor. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

Justices  of  the  peace. 

13.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries, 
to  be  paid  each  month,  and  in  the  same  manner  and  out  of  the  same 
fund  as  county  officers  are  paid,  which  shall  be  in  full  for  all  services 
rendered  by  them  in  criminal  cases:  In  townships  having  a  population  of 
more  than  nine  hundred,  seventy-five  dollars  per  month;  in  townships 
having  a  population  of  les^  than  nine  hundred  and  more  than  five  hun- 
dred, fifty  dollars  per  month;  in  townships  having  a  population  of  less 
than  five  hundred,  twenty  dollars  per  month.  In  addition  to  the  com- 
pensation received  in  criminal  cases  each  justice  of  the  peace  shall 
receive  and  retain  for  his  own  use  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law  for  all  services  performed  by  him  in  civil  actions. 

Constables. 

14.  Constables  shall  receive  the  following  monthly  salaries,  to  be  paid 
each  month,  and  in  the  same  manner  and  out  of  the  same  fund  as  county 
officers  are  paid,  which  shall  be  in  full  for  all  services  rendered  by  them 
in  criminal  cases:  In  townships  having  a  population  of  more  than  nine 
hundred,  seventy-five  dollars  per  month;  in  townships  having  a  popula- 
tion of  less  than  nine  hundred  and  more  than  five  hundred,  fifty  dollars 
per  month;  in  townships  having  a  population  of  less  than  five  hundred, 
twenty  dollars  per  month;  provided,  that  each  constable  shall  receive 
his  actual  and  necessary  expenses  incurred  in  conveying  prisoners  to  the 
county  jail.  In  addition  to  the  compensation  received  in  criminal  eases 
each  constable  shall  receive  and  retain  for»his  own  use  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law  for  all  services  performed  by 
him  in  civil  actions. 

Supervisor. 

15.  Each  supervisor,  five  dollars  per  day  while  attending  sessions  of 
the  board  and  while  engaged  in  the  performance  of  the  duties  of  road 
commissioner,  and  mileage  at  the  rate  of  twenty  cents  per  mile  for 
traveling  from  residence  to  county  seat  in  attendance  upon  a  regular 
session  of  the  board. 

Reporter. 

16.  The  official  reporters,  same   as  now  provided  by  law. 

Fees,  jurors. 

17.  In  counties  of  this  class  grand  jurors  and  trial  jurors  in  the  su- 
perior court  shall  receive  for  each  day's  attendance  the  sum  of  three 
dollars,  and  for  each  mile  actually  and  necessarily  traveled  from  their 
residence  to  the  county  seat,  the  sum  of  fifteen  cents;  such  mileage  to 
be  allowed  but  once  during  each  session  such  jurors  are  required  to 
attend. 


§  4276  POLITICAL   CODE.  798 

Sec.  2.     This  act  shall  take  effect  and  be  in  force  from  and  after  the 
first    Monday    after    the    first    day   of   January,    1915.     [Amendment    ap- 
proved June  16,  1913;   Stats.  1913,  p.  1363.     In  effect  January  4,   1915.] 
Also  amended  February  28,   1911    (Stats.    1911,   p.   236),   and  April   17,   1911 
(Stats.  1911,  p.  938). 

Counties,  forty-seventh  class — Inyo.     Salaries  of  oflacers. 

§  4276.  In  foiintips  of  the  fuity-sevonth  class,  the  county  oflRoers  shall 
receive  as  coiinicnsation  for  the  services  required  of  them  by  law,  or  by 
virtue  of  their  office,  the  following  salaries,  to  wit: 

County  clerk. 

1.  The  county  clerk,  fourteen  hundred  dollars  per  annum. 

Sheriff, 

2.  The  sheriff,  five  thousand  dollars  per  annum  and  mileage  for  ser- 
vices of  any  and  all  processes  required  by  law  to  be  served  by  him,  at 
the  rate  of  ten  cents  per  mile  for  every  mile  necessarily  traveled  in  the 
performance  of  such  duty,  and  for  service  of  all  processes  issued  from  all 
courts  outside  of  his  county;  the  sheriff  to  pay  all  salaries  of  his  deputies. 

Recorder. 

3.  The  recorder,  sixteen  hundred  dollars  per  annum;  provided,  that 
such  recorder  shall  collect  and  pay  into  the  county  treasury,  for  the 
use  and  benefit  of  the  county,  the  fees  required  by  law. 

Auditor. 

4.  The  auditor,  fifteen  hundred  dollars  per  annum. 

Treasurer. 

5.  The  treasurer,  one  thousand  dollars  per  annum. 

Tax  collector. 

6.  The  tax  collector,  one  thousand  dollars  per  annum. 

Assessor. 

7.  Tlie  assessor,  twenty-one  humlred  dollars  i>er  annum. 

District  attorney. 

S.  The  district  attornej',  two  thousand  one  hundred  dollars  per  annum. 

Coroner. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

Public  administrator. 

10.  The  luibiic  administrator,  such  fees  as  are  now  or  may  be  here- 
after  allowed   by  law. 

Superintendent  of  schools. 

11.  The  superintendent  of  schools,  fifteen  hundred  dollars  per  annum. 


799  POLITICAL   CODE.  §  4276 

Surveyor. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

Justices  of  the  peace. 

13.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries, 
to  be  paid  each  month  as  salaries  of  county  officers  are  paid,  which  shall 
be  in  full  compensation  for  all  services  rendered,  as  hereinafter  provided. 
In  townships  having  a  population  of  three  thousand  or  more,  fifty  dollars 
per  month,  which  said  salary  shall  be  in  full  compensation  for  all  services 
rendered  by  said  justices  of  the  peace  in  both  civil  and  criminal  cases, 
and  all  such  fees  as  are  allowed  by  law  in  civil  cases  shall  be  paid  by 
said  justices  of  the  peace  into  the  county  treasury,  as  the  fees  of  county 
officers  are  paid  in.  In  townships  having  a  population  under  three  thou- 
sand, twenty-five  dollars  per  month,  which  shall  be  in  full  compensation 
for  all  services  rendered  in  criminal  cases.  In  addition  to  the  above 
salary,  each  justice  of  the  peace  shall  collect  and  retain  for  his  own  use 
and  benefit  in  civil  cases,  such  fees  as  are  now  or  may  hereafter  be  allowed 
by  law.  In  townships  having  a  population  of  not  less  than  one  thousand 
and  under  two  thousand,  twenty  dollars  per  month,  which  shall  be  in 
full  compensation  for  all  services  rendered  in  criminal  cases.  In  addition 
to  the  above  salary,  each  justice  of  the  peace  shall  collect  and  retain 
for  his  own  use  and  benefit  in  civil  cases,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law.  In  townships  having  a  population  of  less 
than  one  thousand,  fifteen  dollars  per  month,  which  shall  be  in  full  com- 
pensation for  all  services  rendered  in  criminal  cases.  In  addition  to  the 
above  salary  each  justice  of  the  peace  shall  collect  and  retain  for  his  own 
use  and  benefit  in  civil  .cases,  such  fees  as  are  [now]  or  may  be  hereafter 
allowed  by  law. 

Constable. 

14.  Constable,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

Supervisors. 

1.5.  Each  member  of  the  board  of  supervisors,  five  hundred  dollars; 
thirty   cents  per  mile,   one  way. 

Reporter. 

16.  In  counties  of  this  class  the  ofiicial  reporter  of  the  superior  court 
shall  receive,  as  full  compensation  for  taking  notes  in  civil  and  criminal 
cases  tried  in  said  court,  and  for  preliminary  examinations  in  justices' 
courts,  and  coroners'  inquests,  a  per  diem  of  ten  dollars,  during  employ- 
ment, and  for  transcription  of  said  notes,  when  required,  he  shall  receive 
the  sum  of  ten  cents  per  folio  for  the  original  and  five  cents  per  folio 
for  a  copy;  said  compensation  for  transcription  and  said  per  diem  in 
criminal  cases  to  be  audited  and  allowed  by  the  board  of  supervisors  as 
other  claims   against   the   county,   and   paid   out   of   the   county  treasury; 


§  4277  POLITICAL   CODE.  800 

and  in  civil  cases  said  per  diem  to  be  paid  by  the  litigants  as  fhe  court 
may  direct  and  said  compensation  for  transcription  of  said  notes  to  be 
paid  by  the  party  ordering  the  same,  or  when  ordered  by  the  judge,  by 
either  party  or  jointly  by  both  parties,  as  the  court  may  direct.  He 
shall  also  be  allowed  his  actual  traveling  expenses  when  reporting  out- 
side of  the  county  seat. 

Population,  determined  by  supervisors. 

17.  The  board  of  supervisors  shall  determine  the  population  of  each 
township  for  the  purpose  of  fixing  the  salary  of  the  township  ofBcers 
aforesaid. 

Fees,  jurors. 

18.  Jurors'  fees:  For  attending  as  a  grand  juror  or  juror  in  the 
superior  court,  for  each  day's  attendance,  per  day,  two  dollars.  For  at- 
tending justice's  court,  in  civil  cases  only,  per  day,  two  dollars.  For  each 
mile  actually  traveled  in  attending  court  as  a  juror,  in  going  only,  per 
mile,  twenty  cents. 

Fees,  witness. 

19.  Witness  fees:  For  each  day's  actual  attendance,  when  legally  re- 
quired to  attend  upon  the  superior  court,  per  day,  two  dollars.  For  each 
day's  actual  attendance,  when  legally  required  to  attend  before  a  grand 
jury,  per  day,  two  dollars.  For  each  day's  attendance  upon  a  justice's 
court,  in  civil  cases  only,  when  legally  required  to  attend,  per  day,  two 
dollars.  For  each  mile  actually  traveled  in  attending  court  as  a  witness, 
in  going  only,  per  mile,  twenty  cents.  Witnesses  in  civil  cases  may  de- 
mand the  payment  of  their  mileage  and  fees  for  one  day,  in  advance, 
and  when  so  demanded  shall  not  be  compelled  to  attend  until  the  same 
shall  have  been  paid.  [Amendment  approved  June  16,  1913;  Stats.  1913, 
p.  1194.] 

Also   amended  February   28,    1911    (Stats.    1911.   p.   237),   and   April    27,    1911 
(Stats.   1911,  p.   1171). 

Counties,  forty-eighth  class — Sutter.     Salaries  of  officers. 

§  4277.  In  counties  of  the  forty-eighth  class  the  county  officers  shall 
receive,  as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  the  following  compensation  and  salaries,  to  wit: 

1.  The   county   clerk,  two   thousand   dollars   per  annum. 

2.  The  sheriff,  thirty-five  hundred  dollars  per  annum,  and  actual  travel- 
ing expenses  incurred  in  the  pursuit  or  arrest  of  criminals,  either  in  or 
out  of  his  county. 

3.  The  recorder,  one  thousand  five  hundred  dollars  per  annum;  an.l 
the  said  recorder  may  appoint  one  deputy  recorder,  which  said  office  of 
deputy  recorder  is  hereby  created.  The  salary  of  such  deputy  recorder  is 
hereby  fixed  at  one  thousand  dollars  per  annum,  such  salary  to  be  paid 
at  the  same  time  and  in  the  saihe  manner  as  the  salary  of  county 
officers  is  paid. 


801  POLITICAL    CODE.  §  4277 

4.  The  auditor,  five  hundred   dollars   per   annum. 

5.  The  treasurer,  twelve  hundred  dollars  per  annum. 

0.  The  tax  collector,  eight  hundred  dollars  per  annum,  which  shall  be  in 
full  for  all  services  as  tax  collector  and  license  collector. 

7.  The   assessor  eighteen   hundred   dollars   per   annum. 

The  said  assessor  may  appoint  one  deputy  assessor,  which  said  office 
of  deputy  assessor  is  hereby  created,  who  shall  serve  as  such  only  during 
the  months  of  March,  April,  May  and  June  of  each  year.  Said  deputy 
assessor  shall  receive  a  salarj^  of  one  hundred  dollars  per  month,  pay- 
able during  the  period  of  such  service,  at  the  same  time  and  in  the 
same  manner  as  the  salary  of  the  county  officers  is  paid. 

8.  The  district  attorney,  fifteen   hundred  dollars  per  annum. 

9.  The  coroner,  five  Inindred  dollars  per  annum,  and  his  actual  travel- 
ing and  other  expenses  while  performing  the  duties  of  his  office. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  sixteen  hundred  dollars  per  annum, 
and  actual  traveling  expenses  when  visiting  the  schools  of  his  county. 

12.  The  survej-or,  nine  hundred  dollars  per  annum,  and  in  addition 
thereto,  he  shall  receive  his  actual  traveling  and  other  necessary  ex- 
penses incurred  by  him  while  engaged  in  work  for  the  county. 

13.  Each  supervisor,  fifty  dollars  per  month,  payable  at  the  same  time 
and  in  the  same  manner  as  other  county  officers  are  paid,  and  his  neces- 
sary and  actual  expenses  when  attending  to  the  business  of  the  county 
by  order  of  the  board,  and  mileage  at  the  rate  of  twenty  cents  per  mile 
for  traveling  from  his  residence  to  the  county  seat  to  attend  the  sessions 
of  the  board,  and  mileage  at  the  rate  of  twenty  cents  per  mile  one  way 
for  all  actual  distances  traveled  by  him  in  the  performance  of  his  duties 
as  road  commissioner. 

14.  In  counties  of  this  class  the  township  officers  shall  receive  the  fol- 
lowing compensation: 

In  townships  having  a  population  of  twenty-five  hundred  or  more, 
justices  of  the  peace  and  constables  shall  each  receive  a  salary  of  thirty 
dollars   per   month. 

In  townships  having  a  population  of  fifteen  hundred  and  less  than 
twenty-five  hundred,  the  justices  of  the  peace  and  constables  shall  each 
receive  a  salary  of  fifteen  dollars  per  mouth. 

In  townships  having  a  population  of  less  than  fifteen  hundred  the 
justices  of  the  peace  and  constables  shall  each  receive  a  salary  of  ten 
dollars  per  month. 

The  above-named  salaries  shall  be  in  full  compensation  for  all  ser- 
vices of  the  said  justices  of  the  peace  and  constables  in  criminal  cases; 
provided,  that  in  addition  to  the  salary  herein  allowed  each  constable 
shall  be  paid  out  of  the  treasury  of  the  county  for  traveling  expenses 
outside  of  his  township  for  service  of  a  warrant  of  arrest  or  any  other 
paper   in    a    criminal    case    such   fees   as    are   now   or   may    be    hereafter 

51 


§  4278  POLITICAL   CODE.  802 

allowed  by  law,  and  for  transporting  prisoners  to  the  county  jail  the 
actual  expenses  for  such  transportation,  and  his  actual  and  necessary 
expenses  in  keeping  and  caring  for  property  seized  by  him  under 
a  writ  of  attachment  or  execution;  and  provided,  further,  that  justices 
of  the  peace  and  constables  may  retain  for  their  ovrn  use,  the  fees  which 
are  now,  or  may  be  hereafter  allowed  to  them  respectively  in  civil  cases. 
And  provided,  further,  that  for  the  purpose  of  this  section,  the  population 
of  the  several  townships  shall  be  ascertained  by  multiplying  the  number 
of  registered  voters  in  each  township  at  the  last  general  election  by 
five.     [Amendment  adopted  April  o,  1911;  Stats.  1911,  p.  6S.3.] 

There  was  another  amendment  of  this  section  adopted  at  the   same   session   of 
the  legislature.      See  Stats.   1911,  p.  239. 

Counties,  forty-ninth  class — Modoc.     Salaries  of  officers. 

§  4278.  In  counties  of  the  forty-ninth  class,  the  county  officers  shall 
receive  as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  office,  the  following  salaries,  to  wit: 

County  clerk. 

1.  The  county  clerk,  eighteen  hundred  dollars  per  annum;  provided, 
that  in  counties  of  this  class  the  county  clerk  shall  be  allowed  a  copyist, 
who  shall  be  appointed  by  the  county  clerk  and  paid  the  salary  of 
seventy-five  dollars  per  month;  said  salary  to  be  paid  at  the  same  time, 
in  the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the 
county  clerk;  and  provided,  further,  that  in  counties  of  this  class,  during 
the  years  when  the  compilation  of  a  great  register  is  required  by  law, 
the  county  clerks  of  the  county  shall  be  allowed  the  sum  of  ten  cents  i>er 
name  for  each  affidavit  legally  taken  for  registration;  said  sum  to  be 
allowed  and  paid  to  said  county  clerks  by  the  board  of  supervisors  as 
other  county  charges  are  allowed  and  paid. 

Sheriff, 

2.  The  sheriff,  twenty-five  hundred  dollars  per  annum. 

Recorder. 

3.  The  recorder,  one  thousand  dollars  per  annum;  provided,  that  in 
counties  of  this  class  there  shall  be  and  is  hereby  allowed  to  the  recorder 
a  copyist  who  shall  be  appointed  by  the  recorder,  and  paid  the  salary 
of  seventy-five  dollars  per  month;  said  salary  to  be  paid  by  the  said 
county  in  monthly  installments,  at  the  time  and  in  the  same  manner 
and  out  of  the  same  fund  as  the  salary  of  the  recorder  is  paid. 

Auditor. 

4.  The  auditor,  six  hundred  dollars  per  annum. 

Treasurer. 

5.  The  treasurer,  fifteen  hundred  dollars  per  annum. 


803  POLITICAL   CODE.  §  4278 

Tax  collector. 

6.  The  tax  collector,  twelve  hundred  dollars  per  annum,  and  ten  per 
cent  on  all  licenses  collected  by  him  as  license  collector;  provided,  that 
in  counties  of  this  class  there  shall  be  and  is  hereby  allowed  to  the  tax 
collector  an  assistant  for  the  months  of  April,  October  and  November, 
who  shall  be  appointed  by  the  tax  collector  and  paid  the  salary  of 
seventy-five  dollars  per  month  for  said  above-named  months,  said  salary 
to  be  paid  by  the  said  county  in  monthly  installments,  at  the  time  and  in 
the  same  manner,  and  out  of  the  same  fund  as  the  salary  of  the  tax 
collector  is  paid. 

Assessor. 

7.  The  assessor,  one  thousand  five  hundred  dollars  per  annum;  pro- 
vided, that  in  counties  of  this  class  theie  shall  be  and  is  hereby  allowed 
to  tlie  assessor  one  deputy,  to  be  appointed  by  him,  who  shgil  receive 
the  salary  of  seventy-five  dollars  per  month  for  not  exceeding  four 
months  in  any  calendar  year,  said  salary  to  be  paid  by  said  county  in 
monthly  installments,  at  the  same  time  and  in  the  same  manner,  and 
out  of  the  same  fund  as  the  salary  of  the  assessor  is  paid. 

District  attorney. 

S.  The  district  attorney,  eighteen  hundred  dollars  per  annum. 

Coroner. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

Public  administrator. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law. 

Superintendent  of  schools. 

11.  The  superintendent  of  schools,  fifteen  hundred  dollars  per  annum 
and  actual  traveling  expenses  when  visiting  the  schools  of  his  county, 
and  the  sum  of  five  dollars  per  day  for  each  day's  services  on  the  board 
of  education;  said  sum,  together  with  the  traveling  expenses,  to  be  al- 
lowed and  paid  the  same  as  other  county  charges  are  allowed  and  paid. 

Surveyor. 

12.  The  surveyor,  such  fees  as  are  now  or  may  hereafter  be  allowed 
by  law. 

Justices  of  the  peace. 

1.3.  Justices  of  the  peace  in  counties  of  this  class  shall  receive  the 
following  monthly  salaries  to  be  paid  each  month  in  the  same  manner, 
at  the  same  time  and  out  of  the  same  funds  as  the  county  officers  are 
paid,  which  shall  be  in  full  for  all  services  rendered  by  them;  in  town- 
ships having  a  population  of  more  than  one  thousand,  fifty  dollars  per 
month;  in  townships  having  a  population  of  more  than  five  hundred  and 


§  4279  POLITICAL   CODE.  804 

less  than  one  thousand,  twenty-five  dollars  per  month;  in  townships 
having  a  population  of  less  than  five  hundred,  ten  dollars  per  month. 
The  board  of  supervisors  of  such  counties  shall  furnish  and  supply  to 
the  justices  of  the  peace  of  the  various  townships  in  such  counties  the 
codes  of  the  state  and  amendments  thereto  and  all  necessary  stationery, 
legal  blanks  and  forms  for  the  proper  conduct  of  business. 

Constables. 

14.  Constables,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

Supervisors. 

Jo.  Each  member  of  the  board  of  supervisors  to  receive  a  flat  rate 
of  eight  hundred  dollars  per  annum,  in  full  for  all  services. 

Reporter. 

16.  In  counties  of  this  class,  the  official  reporter  of  the  superior  court 
shall  receive,  as  full  compensation  for  taking  notes  in  civil  and  crim- 
inal cases  trieil  in  said  courts,  and  for  preliminary  examinations"  in 
justices'  courts,  and  at  coroners'  inquests,  a  per  diem  of  ten  dollars,  and 
for  transcription  of  said  notes  when  required  during  the  progress  of  a 
trial,  he  shall  receive  the  sum  of  twenty-five  cents  per  folio  for  the 
original  and  five  cents  per  folio  for  one  copy;  but  if  such  transcription 
is  not  required  until  after  the  conclusion  of  the  trial,  then  he  shall  re- 
ceive the  sum  of  ten  cents  per  folio  for  original,  and  five  cents  per 
folio  for  copies  required;  said  compensation  for  transcription  in  crim- 
i-nal  cases  to  be  audited  and  allowed  by  the  Vioard  of  supervisors  as 
other  claims  against  the  county,  and  i>aid  out  of  the  county  treasury; 
and  in  civil  cases,  to  be  paid  by  tlie  party  ordering  the  same,  or  when 
ordered  by  the  judge,  by  either  party,  or  jointly  by  both  parties,  as 
the  court  may  direct.  He  shall  also  he  allowecl  his  actual  traveling 
expenses  when  reporting  outside  of  the  county  seat. 

Fees,  jurors. 

17.  For  attending  as  a  grand  juror  or  as  a  trial  juror  in  the  superior 
court,  in  criminal  cases,  four  dollars  per  day  for  each  day's  attendance. 
For  each  mile  actually  traveled  in  attendance  upon  the  superior  court, 
in  going  only,  per  mile,  twenty-five  cents;  provided,  that  in  counties 
of  this  class  the  grand  jurors  and  trial  jurors  in  criminal  cases  shall  be 
paid  warrants  drawn  by  the  countj'  auditor,  issued  upon  the  order  of 
the  court,  or  judge  thereof.  [Amendnent  approved  June  16,  1913; 
Stats.  1913,  p.  1216.] 

Also   amended    February   28,    1911    (Stats.    1911,    p.    240),   and   April    6,    1911 
(Stats.    1911,    p.   696). 

Counties,  fiftieth  class — Lake.     Salaries  of  officers. 

§  4279.  In  counties  of  the  fiftieth  class  the  county  officers  shall  re- 
ceive, as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  office,  the  following  salaries,  to  wit: 


805  POLITICAL   CODE.  §  4279 

1.  The  county  clerk,  eighteen  hundred  dollars  per  annum. 

2.  The  sheriff,  twenty-four  hundred  dollars  per  annum,  and  the  fees 
or  commissions  for  the  service  of  all  papers  issued  by  any  court  of  the 
state  outside  of  his  county,  and  his  actual  and  necessary  traveling  ex- 
penses while  executing  a  warrant  outside  of  his  county  issued  by  a 
magistrate  or  court  within  his  county. 

3.  The  recorder,  eighteen  hundred  dollars  per  annum. 

4.  The  auditor,  one  thousand  dollars   per  annum. 
0.  The  treasurer,  one  thousand  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  dollars  per  annum,  which  shall  be 
in  full  for  all  services  as  tax  collector  and  license  collector. 

7.  The  assessor,  fifteen  hundred  dollars  per  annum. 

8.  The  district  attorney,  fifteen  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

11.  The  superintendent  of  schools,  one  thousand  dollars  per  annum, 
and  actual  and  necessary  traveling  expenses  when  visiting  schools  of 
his  county.  He  shall  also  be  allowed  five  dollars  per  day  for  acting  as 
secretary  of  the  board  of  education  for  each  day  said  board  is  in  session. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

1-4.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
the  law. 

15.  Each  member  of  the  board  of  supervisors,  five  dollars  a  day  when 
the  board  is  in  session,  and  ten  cents  a  mile,  in  going  only,  for  travel- 
ing from  his  residence  to  the  county  seat,  and  when  serving  as  road 
commissioner  three  dollars  per  day,  and  actual  and  necessarj-  expenses; 
provided,  he  shall  not  in  any  one  year  receive  more  than  three  hundred 
dollars  as  supervisor,  exclusive  of  mileage,  nor  more  than  two  hundred 
dollars  as  road  commissioner,  exclusive  of  traveling  expenses. 

16.  Each  member  of  the  board  of  education  shall  receive  five  dollars 
per  day  as  compensation  for  his  services  when  in  actual  attendance  upon 
said  board,  and  mileage  at  the  rate  of  ten  cents  per  mile,  one  way  only, 
from  his  residence  to  the  place  of  meeting  of  said  board.  The  secretary 
of  said  board  of  education  shall  receive  five  dollars  per  day  for  his 
services  or  the  actual  time  that  the  board  may  be  in  session.  Said  com- 
pensation of  the  members  of  said  board  and  of  said  secretary  shall  be 
paid  out  of  the  same  fund  as  the  salary  of  the  superintendent  of  schools. 
Claims  for  such  services  and  mileage  shall  be  presented  to  the  board  of 
supervisors  and  shall  be  allowed  at  the  rate  above  named,  and  in  the 
same  manner  as  other  claims  against  the  county  are  allowed.  The  com- 
pensation of  the  members  of  the  county  board  of  education  herein  pro- 


§§4280,4281  POLITICAL  CODE.  806 

vided  is  not  in  addition  to  that  provided  in   section   1770   of  this  code. 
[Amendment  approved  Februarj'  28,  1911;   Stats.  1911,  p.  241.] 

Counties,  fifty-first  class — Plumas.     Salaries  of  oflB^cers. 

§  4280.  In  counties  of  the  fifty-first  class,  the  county  officers  shall 
receive  as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  two  thousand  dollars  per  annum,  except  in  the 
years  when  a  general  election  is  held,  and  in  such  years,  he  shall  receive 
two  thousand  three  hundred  dollars  per  annum. 

2.  The  sheriff,  four  thousand  dollars  per  annum. 

3.  The  recorder,  one  thousand  eight   hundred  dollars  per  annum. 

4.  The  auditor,  four  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  six  hundred  dollars  per  annum. 

6.  The  tax  collector,  seven  hundred  fifty  dollars  per  annum. 

7.  The  assessor,  one  thousand  eight  hundred  dollars  per  annum. 

8.  The  district  attorne}^  one  thousand  five  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law. 

11.  The  superintendent  of  schools,  eight  hundred  dollars  per  annum, 
and   actual  traveling  expenses  when   visiting  the   schools  of  the   county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  hereafter  be  allowed 
by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  her«?after  be  allowed  by 
law. 

15.  Each  supervisor,  eight  dollars  per  day  while  the  board  is  in  ses- 
sion, and  mileage  from  residence  to  the  county  seat  at  each  sitting  of 
the  board  of  twenty  cents  per  mile;  also  twenty  cents  per  mile  for 
each  mile  actually  and  necessarily  traveled  in  discharging  the  duties 
of  road  commissioner,  but  he  shall  not  in  any  one  year  receive  more 
than  three  hundred  dollars  for  per  diem  as  supervisor,  and  he  shall  not 
in  any  one  year  receive  more  than  three  hundred  dollars  as  road  com- 
missioner. 

16.  The  license  collector,  ten  per  cent  of  all  licenses  collected  bv  him. 
[Amendment  approved  February   28,  1911;   Stats.  1911,  p.   243.] 

Counties,  fifty-second  class — Lassen.     Salaries  of  officers. 

§  4281.  In  counties  of  the  fifty-second  class  the  county  officers  shall 
receive,  as  compensation  for  the  services  required  of  thsm  by  law  or 
by  virtue  of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  two  thousand   four  hundred  dollars  per  annum. 

2.  The  sherifif,  to  receive  a  flat  salary  of  four  thousand  five  hundred 
dollars  per  year,  said  officer  to  pay  all  expenses  in  running  said  office 
and  to  receive  no  mileage  or  fees  in  criminal  cases. 


807  POLITICAL    CODE.  §  4281 

3.  The  recorder,  one  thousand  six  hundred  dollars  per  annum. 

4.  The  auditor,  five  liundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  six  liundred  dollars  per  annum. 

6.  The  tax  collector,  five  hundred  dollars  per  annum,  and  ten  per  cent 
of  all  licenses  collected  by  him  as  license  collector. 

7.  The  assessor,  three  thousand  dollars  per  annum  in  full  compensation 
for  all  services,  save  and  except  that  he  be  allowed  a  deputy  for  four 
months  beginning  with  March  first  and  ending  with  June  thirtieth,  of 
each  year,  at  a  compensation  of  seventy-five  dollars  per  month;  the 
salary  of  said  deputy  to  be  paid  by  the  county. 

8.  The  district  attorney,  two  thousand  four  hundred  dollars  per 
annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  hereafter 
be  allowed  bj'  law. 

11.  The  superintendent  of  schools,  fifteen  hundred  dollars  per  annum, 
and  actual  traveling  expenses  when  visiting  the  schools  of  his  county. 

12.  The  sutveyor,  such  fees  as  are  now  or  may  hereafter  be  allowed 
by  law. 

13.  Justices  of  the  peace  in  counties  of  this  class  shall  receive  the 
following  monthly  salaries  to  be  paid  each  month  in  the  same  manner, 
at  the  same  time,  and  out  of  the  same  funds  as  the  county  officers  are 
paid,  which  shall  be  in  full  for  all  services  rendered  by  them.  In  town- 
ships having  a  population  of  more  than  one  thousand,  fifty  dollars  per 
month;  in  townships  having  a  population  of  more  than  five  hundred  and 
less  than  one  thousand,  twenty-five  dollars  per  month;  in  townships 
having  a  population  of  less  than  five  hundred,  ten  dollars  per  month; 
provided,  however,  that  the  justice  of  the  peace  residing  at  the  county 
seat  shall  in  any  event  receive  the  amount  of  fifty  dollars  per  month. 
The  board  of  supervisors  of  such  county  shall  furnish  and  supply  to  the 
justices  of  the  peace  of  the  various  townships  in  such  counties  the 
codes  of  the  state  and  amendments  thereto  and  all  necessary  stationery, 
legal  blanks  and  forms  for  the  proper  conduct  of  business. 

14.  Constables,  such  fees  as  are  now  or  may  hereafter  be  allowed 
by  law. 

15.  Each  member  of  the  board  of  sapervisors,  one  thousand  dollars 
per  annum,  and  mileage  from  residence  to  county  seat,  at  .each  sitting 
of  the  board,  at  twenty-five  cents  per  u'ile;  which  said  salary  and  mile- 
age shall  be  in  full  for  all  services. 

16.  In  counties  of  this  class,  the  official  reporter  of  the  superior 
court  shall  receive,  as  full  compensation  for  taking  notes  in  civil  and 
criminal  eases  tried  in  said  court,  and  for  preliminary  examinations  in 
justices'  courts  and  coroners'  inquests,  a  per  diem  of  ten  dollars,  and 
for  transcription  of  said  notes  when  required  during  the  progress  of 
a  trial,  he  shall  receive  the  sum  of  twentj'-five  cents  for  the  original 
and  five  cents  per  folio  for  one   copy;   but  if  such   transcription  is   not 


§§  4281a,  4282       political  code.  808 

required  until  after  the  conclusion  of  the  trial,  then  he  shall  receive 
the  sum  of  ten  cents  per  folio  for  the  original,  and  five  cents  per  folio 
for  copies  required;  said  compensation  for  transcription  in  criminal 
cases  to  be  audited  and  allowed  by  the  board  of  supervisors  as  other 
claims  against  the  count j',  and  paid  out  of  the  county  treasury;  and  in 
civil  cases  to  be  paid  by  the  party  ordering  the  same,  or  when  ordered 
by  the  judge,  by  either  party,  or  jointly  by  both  parties,  as  the  court 
may  direct.  He  shall  also  be  allowed  his  actual  traveling  expenses 
when  reporting  outside  the  county  seat. 

17.  Grand  jurors,  and  jurors  in  the  superior  court  in  criminal  eases, 
shall  be  paid  three  dollars  per  day  for  each  day's  attendance,  and  for 
each  mile  actually  traveled  in  going  only  while  acting  as  jurors,  fifteen 
cents;  and  the  judge  of  said  court  shall  make  an  order  directing  the 
auditor  to  draw  his  warrant  on  the  treasurer  in  favor  of  each  such  juror 
for  said  per  diem  and  mileage,  and  the  treasurer  shall  pav  the  same. 
[Amendment  approved  June  16,  1913;  Stats.  1913,  p.  1225.]  ' 

Also   amended   February   28,    1911    (Stats.    1911,   p.   243),   and   April   29,    1911 

(Stats.    1911,    p.    1243). 

Fees  of  jurors  in  counties  of  fifty-second  class. 

§  4281a.      [Repealed  February  28,  1911;  Stats.  1911,  p.  2.53.] 

Counties,  fifty-third  class — Sierra.     Salaries  of  officers. 

§  4282.  In  counties  of  the  fifty-third  class,  the  county  officers  shall 
receive,  as  compensation  for  the  services  required  of  them  by  law  or 
by  virtue  of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  one  thousand  three  hundred  dollars  per  annum; 
provided,  that  in  years  when  a  great  register  of  voters  is  required  by 
law  to  be  made  the  county  clerk  shall  receive  in  addition  to  his  regular 
salary  the  sum  of  four  hundred  dollars  for  such  services. 

2.  The  sheriff,  two  thousand  five  hundred  dollars  per  annum,  and 
twenty-five  cents  mileage,  in  going  only. 

3.  The  recorder,  four  hundred  dollars  per  annum;  provided,  that  the 
recorder  may  retain  to  his  own  use  all  fees  paid  him  for  recording 
and  indexing  notices  of  location  of  mining  claims  and  affidavits  of 
annual  expenditures  upon  mining  claims. 

4.  The   auditor,   three   hundred    dollars   per   annum. 

5.  The  treasurer,  one  thousand  dollars  per  annum. 

6.  The  tax  collector,  three  hundred  ami  fifty  dollars  per  annum. 

7.  The  assessor,  one  thousand  six  hundred  dollars  per  annum. 

8.  The  district  attorney,  one  thousand  dollars  per  annum,  and  his 
necessary  traveling  expenses,  to  be  allowed  by  the  board  of  supervisors. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 


809  POLITICAL   CODE.  §  4283 

11.  The  superintendent  of  schools,  six  hundred  and  twenty-five  dol- 
lars per  annum,  and  actual  traveling  expenses  when  visiting  the  schools 
of  his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

15.  Each  supervisor,  three  hundred  and  fifty  dollars  per  annum,  and 
twenty  cents  per  mile  for  traveling  to  and  from  his  residence  to  the 
county  seat  at  each  session. 

When  traveling  by  order  of  the  board  upon  county  business,  each 
supervisor  shall  be  allowed  his  actual  itemized  expenses.  For  all  ser- 
vices as  road  commissioner,  each  supervisor  shall  receive  three  dollars 
per  day.  but  he  shall  not  in  any  one  year  receive  more  than  five  hun- 
dred dollars  as  supervisor. 

16.  The  license  collector,  such  compensation  as  the  board  of  super- 
visors shall  fix. 

17.  For  attending  as  a  grand  juror,  or  a  trial  juror  in  criminal  cases 
only,  in  the  superior  court,  for  each  day's  attendance,  three  dollars;  for 
each  mile  actually  traveled  one  way  as  such  grand  juror,  or  trial  juror 
in  criminal  cases,  in  the  superior  court,  under  summons  or  order  of  the 
court,  twenty-five  cents.  The  county  clerk  shall  certify  to  the  auditor 
the  number  of  days'  attendance,  and  the  number  of  niiles  traveled  by 
each  juror  and  the  auditor  shall  then  draw  his  warrant  therefor  and 
the  treasurer  shall  pay  the  same.  [Amendment  approved  April  26  1911- 
Stats.  1911,  p.  1116.] 

There   was   another   amendment   of   this   section   adopted   at   the   same    session   of 
the   legislature.      See   Stats.    1911,   p.   245. 

Counties,  fifty-fourth  class — Mariposa.     Salaries  of  offtcers. 

§  4283.  In  counties  of  the  fifty-fourth  class  the  county  officers  shall 
receive  as  compensation  for  the  services  required  of  them  by  law,  or  by 
virtue  of  their  otfices.  the  following  salaries,  to  wit: 

1.  The  county  clerk,  fifteen  hundred  dollars  per  annum,  except  in 
years  where  a  general  election  is  held  and  in  such  years  he  shall  re- 
ceive eighteen  hundred  dollars  per  annum. 

2.  The    sheriff,   thirty-eight   hundred   dollars   per   annum. 

3.  The  recorder,  twelve  hundred  dollars  per  annum;  provided,  that 
such  recorder  shall  collect  and  pay  into  the  county  treasury  for  the  use 
and  benefit  of  the  county,  the  fees  required  by  law  to  be  so  collected; 
and  provided,  that  when  the  amount  of  said  fees  so  collected  shall  ex- 
ceed one  hundred  dollars  in  any  one  month,  the  recorder  may  receive 
and  retain  for  his  own  use,  in  addition  to  his  salary,  one-half  of  all  fees 
in  excess  of  one  hundred  dollars  in  any  one  month,  so  collected;  and 
provided,  that  the  recorder  may  retain  for  his  own  use  all  fees  collected 


§  4284  POLITICAL   CODE.  810 

for  filing  and  recording  proofs  of  labor  and  notices  of  location  of  min- 
ing claims. 

4.  The  auditor,  six  hundred  dollars  per  annum. 

5.  The  treasurer,  twelve  hundred  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  dollars  per  annum,  and  ten  per 
cent  of  all  licenses  collected  by  him. 

7.  The  assessor,  sixteen  hundred  dollars  per  annum. 

8.  The  district  attorney,  one  thousand  four  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

10.  Public  administrator,  such  fees  as  are  now  or  maj-  be  hereafter 
allowed  by  law. 

11.  Superintendent  of  schools,  six  hundred  dollars  per  annum,  and 
actual  traveling  expenses  of  visiting  schools  of  the  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

13.  Justices  of  the  peace,  one  hundred  and  twenty  dollars  per  annum, 
and  such  further  compensation  as  may  be  provided  by  ordinance  of 
the  board  of  supervisors. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

15.  Supervisors,  each  the  sum  of  six  hundred  dollars  per  annum,  for 
all  services  performed  by  them  as  supervisors  and  members  of  the  board 
of  equalization.  They  shall  act  as  road  commissioners  in  their  re- 
spective districts  and  shall  receive  for  the  services  of  such  road  com- 
missioner three  dollars  per  day  for  each  day's  service  as  such  road  commis- 
sioner. Such  compensation  as  road  commissioner  shall  not  exceed  three 
hundred  dollars  per  annum. 

16.  Grand  jurors,  and  jurors  of  the  superior  court  in  criminal  cases 
shall  be  paid  three  dollars  per  day  for  each  day's  attendance  anil  for 
each  mile  actually  traveled  in  going  only,  while  acting  as  such  juror, 
fifteen  cents  j)er  mile,  and  the  judge  of  said  court  shall  make  an  order 
directing  the  auditor  to  draw  his  warrant  on  tiie  treasurer  in  favor 
of  such  juror  for  said  per  diem  and  mileage  and  the  treasurer  shall  pay 
the  same.     [Amendment  approved  June  16,   1913;   Stats.   1913,  p,   1273.] 

Also  amended  February  28,   1911    (Stats.  1911,  p.  246). 

Counties,  fifty-fifth  class — Trinity.     Salaries  of  officers. 

§  4284.  In  counties  of  the  fifty-fifth  class  the  county  officers  shall  re- 
ceive as  compensation  for  the  services  required  of  them  by  law,  or  by 
virtue   of  their  offices,  the  following  salaries   to   wit: 

1.  The  county  clerk,  two  thousand  dollars   per  annum. 

2.  The  sheriff,  three  thousand  dollars  per  annum. 

3.  The   recorder,   one  thousand   dollars  per  annum. 

4.  The  auditor,   one   thousand   dollars   per   annum. 

5.  The  treasurer,  fifteen  hundred  dollars  per  annum;  provided,  that 
all  fees  and   commissions   now   allowed   bv   law   or   which   mav  hereafter 


811  POLITICAL    CODE.  §  4285 

be  allowed  by  law  to  said  treasurer  by  virtue  of  the  said  office  shall  be 
paid  into  the  county  treasury. 

6.  The  tax  collector,  twelve  hundred  dollars  per  annum. 

7.  The  assessor,  three  thousand  dollars  per  annum;  provided,  that  all 
commissions  and  fees  now  ajflowed  by  law  or  which  may  hereafter  be 
allowed  by  law  to  the  said  assessor  on  the  collection  of  personal  prop- 
erty taxes  and  on  the  collection  of  poll  taxes,  road  and  hospital  taxes, 
shall  be  paid  into  the  county  treasury. 

8.  The   district   attorney,  fifteen   hundred   dollars   per   annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed   by  law. 

11.  The  superintendent  of  schools,  one  thousand  dollars  per  annum 
which  said  sum  of  one  thousand  dollars  shall  also  be  in  full  payment 
of  the  services  of  such  superintendent  of  schools  upon  the  board  of 
education. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

13.  The  justice  of  the  peace,  such  fees  as  are  now  or  may  be  here- 
after  allowed  by  law. 

14.  The  constables  such  fees  as  are  now  or  may  be  hereafter  allowed 
by   law. 

15.  Each  member  of  the  board  of  supervisors,  six  hundred  dollars  per 
annum;  mileage  from  residence  to  county  seat  at  each  sitting  of  the 
board,  twenty  cents  per  mile. 

16.  (Jurors.)  The  fees  of  grand  jurors  and  trial  jurors  in  the  supe- 
rior courts  of  counties  of  this  class,  in  civil  and  criminal  cases,  shall 
be  three  dollars,  in  lawful  money  of  the  United  States,  for  each  day's 
attendance,  and  mileage  to  be  computed  at  the  rate  of  twenty-five 
cents  per  mile  for  each  mile  necessarily  traveled  in  attending  court, 
in  going  only.  In  criminal  cases  such  fees  and  mileage  of  said  jurors 
in  the  superior  court  shall  be  paid  by  the  treasurer  of  the  county  out 
of  the  general  fund  of  said  county  upon  warrants  drawn  by  the  county 
auditor  upon  the  written  order  of  the  judge  of  the  court  in  which  said 
juror  was  in  attendance,  and  the  treasurer  of  said  county  shall  pay 
said   warrants. 

The   board   of  supervisors   of  said   county  is  hereby  directed  to  make 
suitable  appropriations  for  the  payment  of  the  fees  herein  provided  for. 
[Amendment   approved  June   16,   1913;   Stats.   1913,   p.   1185.] 
Also  amended  February  28,  1911    (Stats.  1911,  p.  247). 

Counties,  fifty-sixth  class — Del  Norte.     Salaries  of  officers. 

§  4285.  In  counties  of  the  fifty-sixth  class,  the  county  officers  shall 
receive  as  compensation  for  the  services  required  of  them  by  law  and 
by  virtue  of  their  offices,  the  following  salaries,  to  wit: 


§  4285  POLITICAL   CODE,  812 

1.  The  county  clerk,  nine  hundred  dollars  per  annum;  provided,  that 
in  counties  of  this  class  there  shall  be  and  is  hereby  allowed  to  the 
clerk  a  deputy  to  act  as  clerk  of  the  board  of  supervisors,  who  shall 
be  appointed  by  the  county  clerk  and  be  paid  a  salary  of  fifty  dollars 
per  month;  said  salary  to  be  paid  by  said  county  in  monthly  install- 
ments at  the  time  and  in  the  manner  and  out  of  the  same  fund  as  the 
salary  of  the  county  clerk  is  paid.  In  counties  of  this  class  the  county 
clerk  is  hereby  allowed  in  addition  to  his  salary,  each  year  when  a  new 
registration  is  required,  the  sum  of  ten  cents  for  each  elector  regis- 
tered, which  amount  shall  be  allowed  by  the  board  of  supervisors  at 
the  close  of  registration  preceding  a  general  election,  and  be  paid  from 
ihe  general  fund  of  the  county. 

2.  The  sheriff,  eighteen  hundred  dollars  per  annum;  provided,  that  in 
counties  of  this  class  there  shall  be  and  is  hereby  allowed  a  jailer  who 
shall  be  appointed  by  the  sheriff  and  be  paid  a  salary  of  twenty-five 
dollars  per  month;  and  said  salary  to  be  paid  by  said  county  monthly 
and  at  the  time  and  in  the  manner  and  out  of  the  same  fund  as  the 
salary  of  the  sheriff  is  paid. 

3.  The  recorder,  six  hundred  dollars  per  annum;  provided,  that  in 
counties  of  this  class  there  shall  be  and  is  hereb}-  allowed  to  the  re- 
corder a  copyist,  which  office  of  copyist  to  the  recorder  is  hereby  created 
and  which  cop3nst  shall  be  appointed  by  the  recorder  and  be  paid  the 
salary  of  fifty  dollars  per  month;  said  salary  to  be  paid  by  said  county 
in  monthly  installments  at  the  time  and  in  the  manner  and  out  of  the 
same  fund  as  the  salary  of  recorder  is  paid. 

4.  The   auditor,  seven  hundred   and   twenty   dollars  per  annum. 

5.  The   treasurer,  twelve   hundred   dollars   per   annum. 

6.  The   tax   collector,   twelve   hundred   dollars   per   annum. 

7.  The  assessor,   nine   hundred  dollars   per   annum. 

8.  The  district  attorney,  twelve  hundred  dollars  per  annum  and  such 
fees  as  are  now  or  may  hereafter  be  paid  to  that  officer. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

11.  The  superintendent  of  schools,  seven  hundred  and  twenty  dollars 
per  annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

1-1.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

15.  Each  member  of  the  board  of  supervisors,  four  hundred  and 
twenty  dollars  per  annum  and  twenty  cents  per  mile  in  traveling  from 
his  residence  to  the  county  seat,  going  only;  provided,  that  only  one 
mileage  shall  be  allowed  for  any  regular  session  of  the  board. 


818  POLITICAL    CODE.  §  4286 

If).  In  counties  of  this  class  the  official  reporter  of  the  superior  court 
shall  receive  as  full  compensation  for  taking  notes  in  civil  and  criminal 
eases  tried  in  said  court  and  for  preliminary  examinations  in  justices' 
courts  and  the  coroner's  inquests,  a  monthly  salary  not  to  exceed  fifty 
dollars,  jiayable  out  of  the  county  treasury  at  the  same  time  and  in 
the  same  manner  as  the  salaries  of  county  officers;  and  for  transcrip- 
tion of  said  notes  w'hen  required,  he  shall  receive  the  sum  of  ten  cents 
per  folio  for  the  original  and  five  cents  per  folio  for  the  copy;  said 
compensation  for  transcription  in  criminal  eases  to  be  audited  and 
allowed  by  the  board  of  supervisors  as  other  claims  against  the  county 
and  paid  out  of  the  county  treasury,  and  in  civil  eases  to  be  paid  by 
the  party  ordering  the  same  or  when  onlered  by  the  judge,  by  either 
party  or  jointly  by  both   parties  as  the  court   may  direct. 

17.  The  fees"  of  grand  jurors  and  trial  jurors  in  the  superior  courts 
of  said  counties  of  this  class  in  civil  and  criminal  cases,  shall  be  three 
dollars  in  lawful  money  of  the  United  States  for  each  day's  attendance 
and  mileage  to  be  computed  at  the  rate  of  fifteen  cents  per  mile  for  each 
mile  necessarily  traveled  in  attending  court,  in  going  only.  In  criminal 
cases  such  fees  and  mileage  of  said  trial  jurors  in  the  superior  court 
shall  be  paid  by  the  treasurer  of  the  county  out  of  the  general  fund 
of  said  county  upon  warrants  drawn  by  the  county  auditor  upon  the 
written  orderof  the  judge  of  the  court"  in  which  said  juror  was  in  at- 
tendance and  the  treasurer  of  said  county  shall  pay  said  warrants.  The 
board  of  supervisors  of  said  county  is  hereby  directed  to  make  suitable 
appropriations  for  the  pavment "  of  the  fees  herein  provided  for. 
[Amendment  approved  June'^  16,  1913;  Stats.  1913,  p.  1234.] 
Also   amended    February   28,    1911    (Stats.    1911,    p.   248). 

Counties,  fifty-seventh  class — Mono.     Salaries  of  officers. 

§  4286.  In  counties  of  the  fifty-seventh  class  the  county  and  town- 
ship officers  shall  respectively  receive,  as  compensation  for  the  services 
required  of  them  by  law  or  by  virtue  of  their  offices,  the  following 
salaries  and  compensation,  to  wit: 

1.  The  county  clerk,  twelve  hundred  dollars  per  annum. 

2.  The  sheriff,  twenty-six  hundred  dollars  per  annum. 

3.  The  recorder,  six  hundred  dollars  p'er  annum.  In  counties  of  this 
class  the  recorder  may  appoint  a  copyist  for  service  in  his  office,  whien 
office  of  copyist  for  the  county  recorder  is  hereby  created,  and  said 
copyist  shall  receive  as  compensation  for  his  services  fifty  per  cent  of 
the  amount  collected  in  said  office  during  his  period  of  service  for  filing 
and  recording  mining  locations  and   affidavits   of  assessment  work. 

4.  The  auditor,   two  hundred  dollars   per  annum. 

5.  The  treasurer,  one   thousand  dollars  per  annum. 

6.  The  tax  collector,  five   hundred  dollars  per  annum. 

7.  The   assessor,   twelve   hundred   dollars  per  annum. 

8.  The  district  attorney,  twelve  hundred  dollars  per  annum. 


§  4287  POLITICAL    CODE.  814 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  maj-  be  here- 
after  allowed   by  law. 

IL  The  superintendent  of  schools,  four  hundred  dollars  per  annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

15.  Each  member  of  the  board  of  supervisors,  six  dollars  per  day 
during  session,  and  thirty  cents  per  mile  one  way  to  board  meeting; 
three  dollars  per  day  (no  mileage)  as  road  commissioner  when  actually 
engaged  in  road  business. 

16.  In  counties  of  this  class,  the  official  reporter  of  the  superior  court 
shall  receive,  as  full  compensation  for  taking  notes  in  civil  and  criminal 
cases  tried  in  said  court,  and  for  preliminary  examinations  in  justices' 
courts,  a  per  diem  of  eight  dollars;  and  for  transcription  of  said  notes, 
when  required  during  the  progress  of  the  trial,  he  shall  receive  the 
sum  of  twenty  cents  per  folio  for  the  original  and  five  cents  per  folio 
for  one  copy;  but  if  such  transcription  is  not  required  until  after  con- 
clusion of  trial,  then  he  shall  receive  the  sum  of  ten  cents  per  folio  for 
original,  and  three  cents  per  folio  for  copies  required;  said  compensation 
for  transcription  in  criminal  cases  to  be  audited  and  allowed  by  the 
board  of  supervisors  as  other  claims  against  the  county,  and  paid  out 
of  the  county  treasury,  and  in  civil  cases,  to  be  paid  by  the  party  order- 
ing the  same,  or,  when  ordered  by  the  judge,  by  either  party,  or  jointly 
by  both  parties,  as  the  court  may  direct. 

17.  .Jurors'  fees  in  criminal  cases  shall  be  as  follows:  For  attending 
as  a  grand  juror  or  a  trial  juror  in  the  superior  court,, in  criminal  cases 
only,  for  each  day's  attendance,  per  day,  three  dollars;  for  each  mile 
actually  traveled  in  attending  court  as  such  juror  under  summons  or 
under  order  of  court,  in  criminal  cases,  in  going  only,  per  mile,  thirty 
cents,  and  the  county  clerk  shall  certify  to  the  auditor  the  number  of 
days'  attendance  and  number  of  miles  traveled  by  each  juror,  and  the 
auditor  shall  draw  his  warrant  therefor  and  the  treasurer  shall  pay  the 
same.     [Amendment   approved   Februar}^   2S,   1911;   Stats.   1911,   p.   2oU.] 

Counties,  fifty-eighth  class — Alpine.     Salaries  of  ofScers. 

§  4287.  In  counties  of  the  fifty-eighth  class  county  officers  shall  re- 
ceive as  compensation  for  services  required  of  them  by  law,  or  by  vir- 
tue of  their  office  the  following  salaries  and   compensation,  to   wit: 

1.  The  county  clerk,  five  hundred  dollars  per  annum. 

2.  The  sheriff,  seven  hundred  dollars  per  annum. 

3.  The  recorder,  five  hundred  dollars  per  annum. 


815  POLITICAL    CODE.  §  4290 

4.  The  auditor,  two  hiuidied  dollars  per  aiinnrn. 

o.  The  treasurer,  six  hundred  dollars  jier  amutm. 

6.  The  tax   collector,   three    hundred   dollars   ytor   annum. 

7.  The  assessor,  six   hundred   dollars   per   annum. 

8.  The  district  attorney,  one   thousand  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed   by  law. 

n.  The   superintendent   of  schools,  two  hundred   dollars  per   annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  l^e  hereafter  allowed  by 
law. 

15.  Each  supervisor,  five  dollars  per  day  when  the  board  is  in  session, 
and  twenty  cents  per  mile  for  traveling  from  his  residence  to  the  county 
seat,  going  only  and  only  one  mileage  shall  be  allowed  for  any  regular 
session  of  the  board;  and  when  serving  as  road  commissioner,  three 
dollars  per  day.  Such  per  diem  not  to  exceed  the  total  sum  of  fifty 
dollars  per  annum;  provided,  however,  that  five  per  cent  only  shall  be 
allowed  the  sheriff  or  tax  collector  as  fees  for  collecting  licenses  in 
counties  of  this  class.  [Amendment  approved  June  16,  1913;  Stats. 
1913,  p.  1277.] 

Also   amended  February  28,    1911    (Stats.    1911,  p.   251). 

Fees  and  salaries  of  county  officers. 

§  4290.  The  salaries  and  fees  provided  in  this  title  shall  be  in  full 
compensation  for  all  services  of  every  kind  and  description  rendered  by 
the  officers  named  in  this  title  either  as  officers  or  exofficio  officers,  their 
deputies  and  assistants,  unless  in  this  title  otherw'ise  provided,  and  all 
deputies  employed  shall  be  paid  by  their  principals  out  of  the  salaries 
provided  in  this  title,  unless  in  this  title  otherwise  provided;  provided, 
and  except  that  the  assessor  shall  be  entitled  to  receive  and  retain  for 
his  own  use,  unless  in  this  title  otherwise  provided,  six  per  cent  on 
personal  property  tax  collected  by  him,  as  authorized  by  section  3820, 
and  fifteen  per  cent  of  all  amounts  collected  by  him  for  poll  taxes,  and 
road  poll  taxes,  and  also  five  dollars  per  hundred  names  of  persons 
returned  by  him  as  subject  to  military  duty,  as  provided  in  section  1901, 
and  Bhall  also  be  allowed  by  the  county  his  actual  exj)ense  when  sum- 
moned before  the  state  board  of  equalization  in  pursuance  of  an  act 
entitled  "An  act  to  carry  into  effect  the  provisions  of  section  14 
of  article  13  of  the  constitution  of  the  state  of  California  as  said 
constitution  was  amended  November  8,  1910,  providing  for  the  separation 
of  state  from  local  taxation,  and  providing  for  the  taxation  of  public 
service  and  other  corporations  for  the  benefit  of  the  state,  all  relating 


§4290  POLITICAL  CODE.  616 

to  revenue  and  taxation,"  and  the  license  collector  shall  be  entitled  to 
receive  and  retain  for  his  own  use  ten  per  cent  on  all  licenses  collecteil 
by  him,  except  where  otherwise  provided  in  this  title;  provided,  however, 
that  in  counties  and  cities  and  counties  of  the  first,  second  and  third 
classes,  the  assessor  shall  receive  no  commission  for  the  collection  of 
taxes  on  personal  property,  nor  shall  such  assessor  receive  any  compen- 
sation or  commission  for  the  collection  of  poll  taxes  or  road  poll  taxes, 
nor  shall  such  assessor  receive  any  compensation  for  making  out  military- 
roll  of  persons  returned  by  him  as  subject  to  military  duty  as  provided 
by  section  1901;  nor  shall  the  license  collector  in  counties  and  cities 
and  counties  of  the  first  and  second  classes  receive  any  commission  for 
licenses  collected  by  him;  provided,  further,  that  the  treasurer  shall 
receive  and  retain  for  his  own  use  the  commissions  on  all  inheritance 
and  transfer  taxes  collected  by  him,  and  provided,  further,  that  when- 
ever the  treasurer  of  any  county  shall  employ  a  special  attorney  for  the 
collection  of  such  taxes,  said  attorney  shall  be  paid  out  of  the  commis- 
sions and  fees  allowed  by  law  for  the  collection  of  such  taxes;  provided, 
that  in  any  county  where  the  number  of  .i^'^KPS  of  the  superior  court 
shall  have  been  increased  since  the  first  day  of  January,  1911,  or 
shall  hereafter  be  increased,  there  must  be  and  there  hereby  is 
allowed  to  the  sheriff  of  such  county,  by  reason  of  such  increase, 
one  additional  deputy,  to  be  appointed  by  the  sheriff,  at  a  salary 
not  exceeding  twelve  hundred  dollars  per  annum,  to  be  paid  at  the  same 
time  and  in  the  same  manner  as  other  county  officers  are  paid,  and  also 
there  must  be  and  is  hereby  allowed  to  the  county  clerk  of  such  county, 
one  additional  deputy  to  act  as  courtroom  clerk,  for  each  judge  so  ap- 
pointed or  elected,  at  a  salary  not  exceeding  twelve  hundred  dollars  per 
annum  for  each  of  said  deputies,  to  be  paid  at  the  same  time  and  in 
the  same  manner  county  officers  are  paid.  The  board  of  supervisors 
shall  allow  to  the  sheriff  his  necessary  expenses  for  pursuing  criminals, 
or  transacting  any  criminal  business,  and  for  boarding  prisoners  in  the 
county  jail;  provided,  that  the  board  of  supervisors  shall  fix  a  reason- 
able price  at  which  such  prisoners  shall  be  boarded,  if  not  otherwise 
provided  for  in  this  title;  provided,  further,  that  the  sheriff  shall  be 
entitled  to  receive  and  retain  for  his  own  use,  five  dollars  per  diem  for 
conveying  prisoners  to  and  from  the  state  prisons,  and  for  conveying 
persons  to  and  from  the  insane  asylums,  or  other  state  institutions,  not 
otherwise  provided  for  by  law;  also,  all  expenses  necessarily  incurred 
in  conveying  insane  persons  to  and  from  the  insane  asylums,  and  in 
conveA'ing  persons  to  and  from  the  state  prisons,  or  other  state  institu- 
tions, which  per  diem  and  expenses  shall  be  allowed  by  the  board  of 
examiners  and  collected  from  the  state.  The  court  shall  also  allow  the 
sheriff  his  necessary  expenses  in  keeping  and  preserving  property  seized 
on  attachment  or  executions,  to  be  paid  out  of  the  fees  collected  in  the 
iiction.  The  sheriff  may  retain  for  his  own  use  the  mileage  for  service 
of  papers  or  process  issued  by  any  court  of  the  state;  provided,  further, 
that  the  county  treasurers  of  the  several  counties  of  this  state,  where 


817  POLITICAL  CODE.  §H292-4300a 

their  necessary  expense  incurred  in  the  making  of  the  state  settlements 
jtrovided  for  by  section  3866  shall  exceed  the  maximum  amount  of  mile- 
age allowed  them  by  section  3876  shall  be  allowed  out  of  the  county 
treasury  of  their  res])ective  counties,  the  amount  of  such  excess,  which 
sh.ill  be  paid  as  other  demands  against  the  county  are  paid;  provided, 
further,  that  in  case  county  or  city  and  county  officers  perform  munici- 
pal duties  imposed  by  a  charter  framed  under  the  provisions  of  sections 
S  and  8^,^  of  article  11  of  the  constitution  the  compensation  of  such 
officers  and  the  expense  of  such  officers  may  be  apportioned  by  the  board 
of  supervisors  in  proportion  to  the  duties  rendered  as  county  officers 
under  general  laws  and  rendered  as  municipal  officers  under  charter  pro- 
visions, and  the  compensation  determined  to  be  for  the  performance  of 
municipal  duties  shall  be  paid  from  funds  raised  for  municipal  purposes 
and  the  compensation  determined  to  be  for  county  duties  shall  be  paid 
from  funds  provided  bv  sections  3714  and  4305  of  this  code.  [Amend- 
ment approved  April   1&,   1911;   Stats.  1911,  p.  943.] 

There  was  another  §  4290  adopted  at  the  same  session  of  the  legislature.  See 
Stats.   1911,  p.  251. 

Citations.      App:   10/138;    12/546;    18/462;    19/776.    777. 

§  4292. 

Citations.      App.   18/462, 

County  clerk's  fees. 

§  4300a.  The  county  clerk,  in  addition  to  the  charges  provided  for 
in  section  4190  of  this  code  on  the  commencement  of  any  action  or  pro- 
ceeding in  the  superior  court,  except  probate  proceedings,  or  on  an  ap- 
peal thereto,  to  be  paid  by  the  party  commencing  such  action  or  pro- 
ceeding,  or  taking  such   appeal,  five  dollars. 

On  the  filing  of  a  petition  for  letters  of  administration,  testamentary, 
or  guardianship,  five  dollars,  to  be  paid  by  the  petitioner;  provided,  that 
wnen  the  public  administrator,  in  his  official  capacity  is  the  petitioner, 
he  shall  be  required  to  pay  said  fee  only  out  of  the  assets  of  the  estate 
coming  into  his  possession. 

On  filing  the  petition  to  contest  any  will  or  codicil,  three  dollars. 

On  the  appearance  of  any  defendant,  or  anj'  number  of  defendants 
answering  jointly,  to  be  paid  upon  filing  the  first  paper  in  the  action 
by  him  or  them,  two  dollars. 

On  placing  any  action,  except  a  probate  proceeding  or  default  ease, 
on  the  calendar  for  trial  or  hearing,  to  be  paid  by  the  party  at  whose 
request   such   action    or   proceeding   is   so   placed,   two   dollars. 

For   every   additional   defendant   appearing   separately,   one   dollar. 

The  foregoing  fees  shall  be  paid  in  full  for  all  services  rendered  by 
such  clerk  in  the  cause,  to  and  including  the  making  up  of  the  judgment- 
roll. 

On  the  filing  of  any  notice  of  motion  to  move  for  a  new  trial  of  any 
civil  action  or  proceeding,  the  party  filing  the  same  sha^ll  pay  to  the 
52 


§43O0b  POLITICAL   CODE.  818 

clerk,  in  full  for  all  services  to  be  rendered  in  connection  with  said 
motion,  except  as  hereinafter  in  this  section  provided,  two  dollars. 

For  issuing  an  execution  or  order  of  sale  in  any  action,  one  dollar. 

In  all  proceedings  begun  or  acts  performed  prior  to  this  section  becom- 
ing a  law,  such  fees  and  charges  as  were  provided  bj-  law  at  the  time 
such  proceedings  were  begun  or  acts  performed. 

The  clerk  shall  also  charge  and  collect  the  following  fees  and  com- 
pensation not  above  provided  for: 

For  any  copy  of  any  record,  proceeding,  or  paper  on  file  in  the  cffiee 
of  the  clerk  relating  to  any  civil  action  pending  in  said  court,  when 
such  copy  is  made  by  him,  per  folio,  ten  cents. 

For  each  certificate  of  the  clerk,  under  the  seal  of  the  court,  twenty- 
five  cents. 

No  fees  shall  be  allowed  or  charged  by  the  clerk  for  services  rendered 
in  any  criminal  case. 

For  services  rendered  by  the  clerk,  not  in  connection  with  civil  actions 
or  proceedings  in  court,  he  shall  charge  and  collect,  for  the  benefit  of 
the  county,  the  following  fees: 

For  issuing  marriage  license,  one-half  to  be  paid  to  the  county  re- 
corder, two  dollars. 

For  filing  and  indexing  articles  of  incorporation,  one  dollar. 

For  filing  and  indexing  certificates  of  cojiartnership,  one  dollar. 

For  filing  and  indexing  all  papers  to  be  kept  by  liim,  other  than  papers 
filed  in  actions  or  proceedings  in  court,  and  official  bonds  and  certificates 
of  appointment,  each  twenty-five  cents. 

For  issuing  any  license  required  by  law,  other  than  marriage  license, 
one  dollar. 

For  examining  and  certifj'ing  to  a  copy  of  any  paper,  record  or  pro- 
ceeding prepared  by  another,  and  presented  for  his  certificate,  fifty 
cents,  and  one  cent  per  folio  for  comparing  the  said  copy  with  the 
original. 

For  making  satisfaction   of  or  credit   on  judgment,   twenty-five   cents. 

For   receiving   and    filing    remittitur    from    supreme    court,    fifty    cents. 

For  administering  each  oath,  without  certificate,  except  in  pending 
action  or  proceeding,  ten  cents. 

For  taking  any  affidavit,  except  in   criminal   eases,  twenty-five   cents. 

For  taking  and  approving  each  undertaking,  and  the  justification 
thereof,  except  in  criminal  cases,  fifty  cents. 

For  searching  records  or  files,  for  each  year,  fifty  cents. 

For  taking  acknowledgment  of  any  deed  or  other  instrument,  includ- 
ing the  certificate,  fifty  cents. 

For  filing  notices  of  appeal  and  appeal  bonds,  each,  twenty-five  cents. 
[Amendment  approved  March  23,  1911;  Stats.  1911,  p.  444.] 

§  4300b. 

Citations.      App.   18/387. 


819  POLITICAL  CODE.  §§  4300c-4300e 

Fees  of  recorders. 

§  4300c.  For  refording  everj'  instrnment,  paper,  or  notice  recjuired 
by  law  to  be  recorded,  per  folio,  ten  cents.  For  indexing  every  instru- 
ment, paper,  or  notice,  for  each  name  ten  cents.  For  filing  every  in- 
strument for  record,  and  making  the  necessary  entries  thereon,  twenty 
cents.  For  each  certificate  under  seal,  twenty-fiv^e  cents.  For  ever}' 
entry  of  discharge,  credit,  or  release  on  the  margin  of  record,  and  in- 
dexing same,  twenty-five  cents.  For  searching  the  records  of  his  office, 
for  each  year,  fifty  cents.  For  abstract  of  title,  for  each  conveyance 
or  encumbrance,  twenty-five  cents.  For  recording  each  map  or  plat 
where  the  same  is  copied  in  a  book  of  record,  for  each  course,  ten  cents. 
For  recording  each  map  or  plat  where  the  same  is  not  copied  in  a  book 
of  record  five  dollars.  For  filing  building  contracts,  plans  and  specifi- 
cations, one  dollar.  For  figures  or  letters  on  maps  or  plats,  per  folio, 
ten  cents;  provided,  that  the  fees  for  recording  any  map  shall  not  ex- 
ceed fifty  dollars.  For  taking  acknowledgment  of  any  instrument,  fifty 
cents.  For  recording  marriage  license,  and  certificate,  to  be  paid  hj,  the 
county  clerk,  one  dollar.  For  recording  transcript  and  all  services  in 
estray  cases,  one  dollar.  For  recording  each  mark  or  brand.-  fifty  cents. 
For  administering  each  oath  or  affirmation,  and  certifying  the  same, 
twenty-five  cents.  For  filing,  indexing,  and  keeping  each  paper  not 
required  by  law  to  be  recorded  twenty-five  cents.  The  clerk,  sheriff 
and  recorder  shall  account  for  all  fees  in  this  and  the  two  preceding 
sections  provided  for,  and  the  clerk,  sheriff,  and  recorder,  unless  other- 
wise provided  by  law,  shall  pay  the  «ame  to  the  treasurer  on  the  first 
Monday  of  the  month  following  their  collection,  as  provided  in  this 
article  59  of  this  chapter.  [Amendment  approved  June  10,  1913;  Stats. 
1913,  p.  678.] 

Fees  of  justices  of  the  peace. 

§  4300e.  Justices  of  the  peace,  except  as  in  this  title  otherwise  pro- 
vided: For  all  services  to  be  performed  by  him  before  trial,  in  a  civil 
action,  two  dollars;  and  for  the  trial  of  either  a  question  of  law  or 
fact,  and  all  proceedings  subsequent  thereto,  including  all  affidavits, 
swearing  witnesses  and  jury,  and  the  entry  of  judgment  and  issuance 
of  execution  thereon,  three  dollars,  to  be  paid  when  such  trial  is  cal- 
endared for  hearing;  and  for  the  rendition  and  entry  of  judgment  by 
default  or  confession,  and  services  subsequent  thereto,  including  execu- 
tion and  satisfaction  of  judgment,  two  dollars.  For  all  services  in  a 
criminal  action  or  proceeding,  whether  on  examination  or  trial,  three 
dollars.  For  taking  bail  after  commitment  by  another  magistrate,  fifty 
cents.  For  certificate  and  transmitting  transcript  and  papers  on  ap- 
peal, one  dollar.  For  copies  of  papers  on  docket,  per  folio,  ten  cents. 
For  issuing  a  search-warrant,  to  be  paid  by  the  party  demanding  the 
same,  fifty  cents.  For  taking  an  acknowledgment  of  any  instrument, 
for  the  first  name,  fifty  cents;  for  each  additional  name,  twenty-five 
cents.     For  taking  deposition,   per  folio,  fifteen   cents.     For   administer- 


§§4300g-4316  POLITICAL  CODE.  820 

ing  an  oath,  and  certifying  the  same,  twenty-five  cents.  For  issuing  a 
commission  to  take  testimony,  fifty  cents.  For  all  services  connected 
with  the  posting  of  estrays,  one  dollar.  Tn  cases  before  a  justice  of  the 
peace,  when  the  venue  shall  be  changed,  the  justice  before  whom  the 
action  shall  be  brought,  for  all  services  rendered,  including  the  making 
up  and  transmission  of  trans^-ript  and  papers,  shall  receive  one  dollar; 
and  the  justice  before  whom  the  trial  shall  take  place  shall  receive  the 
same  fees  as  if  the  action  had  lieen  commenced  before  him.  For  re- 
ceiving and  filing  an  abstract  of  judgment  rendered  by  a  justice  or 
judge  of  another  jurisdiction,  and  for  subsequent  services  based  thereon, 
two  dollars.  For  performing  the  duties  of  coroner,  when  the  coroner 
fails  to  act,  the  same  fees  and  mileage  as  are  allowed  the  coroner  in  all 
cases.  For  issuing  each  process,  writ,  order  or  paper  required  by  law 
to  be  issued  not  otherwise  in  this  article  provided  for,  twenty-five  cents. 
For  administering  oath  or  aflfirmation  not  otherwise  in  this  article  pro- 
vided for,  ten  cents.  For  each  certificate  or  affidavit  not  otherwise  in 
this  article  provided  for,  twenty-five  cents.  For  taking  and  aiiproviug 
bond  or  undertaking,  including  the  justification  of  sureties,  fifty  cents. 
[Amendment  approved  June  16,  1913;  Stats.  1913,  p.  1442.] 

§  4300g. 

Citations.     App.  15/355,  356. 

County  salary  fund. 

§  4305.  For  the  purpose  of  paying  the  salaries  provided  for  in  this 
title  all  fees  directed  to  be  paid  into  the  county  treasury  shall  be  set 
apart  therein  as  a  separate  fund,  to  be  known  as  the  salary  fund,  to 
be  applied  to  the  payment  of  said  salaries.  Should,  in  the  opinion  of 
the  auditor,  the  fees  to  be  collected  be  not  sufficient  to  pay  such  sal- 
aries, it  shall  become  the  duty  of  the  board  of  supervisors  at  the  time 
the  tax  levy  is  made  to  estimate  such  deficiency  and  raise  it  by  direct 
taxation  the  same  as  other  funds.  [Amendment  approved  May  1,  1911; 
Stats.  1911,  p.  1397.] 


§  4307. 

Citations. 

Cal.   157/40,  41. 

§  4315. 

Citations. 

App.   8/752. 

i 


Sheriffs,  etc.,  may  not  practice  law. 

§  4316.  Sheriffs,  clerks  and  constables,  and  their  deputies,  are  pro- 
hibited from  practicing  law,  or  acting  as  attorneys  or  counselors  at  law, 
or  as  collectors  or  for  any  collection  agency,  in  the  counties  where  they 
reside  and  hold  office,  or  from  having  as  a  partner  a  lawyer,  or  anyone 
who  acts  as  such,  and  no  county  officer,  or  his  deputy,  except  district 
attorneys  and  treasurers,  shall  be  eligible  to  the  office  of  notary  public. 


821  POLITICAL  CODE.  §§  4317-4480 

or   i")erform   the   duties   of   the    same.     [Amendment    approved   April   24, 
1911;  Stats.  1911,  p.  1093.] 

§  4317. 

Citations.      App.   16/745. 

§  4325. 

Citations.      Cal.   155/753,   754. 

§  4336. 

Citations.      App.   8/694. 

§  4354. 

Citations.      Cal.  160/114,   115,   118. 

§  4386. 

Citations.      Cal.   161/203.  ^ 

§  4408. 

Citations.      Cal.   160/118, 

§  4426. 

Citations.      App.   11/360,  361,  363;  12/487,  488, 

§  4456. 

Citations.      Cal.   160/114,   115,   118. 

§  4458. 

Citations.      App.   12/755;   15/43. 

§  4459. 

Citations.      Cal.   160/43. 

§  4460. 

Citations.      App.   12/405,    406,    755;    15/43,   44. 

§  4461. 

Citations.     App.   12/406. 

§  4462. 

Citations.      App.   12/404,    406,    755;    15/43. 

§  4468. 

Citations.  Cal.  155/733;  156/34,  508;  160/382.  App.  9/548;  18/11. 

§  4478. 

Citations.      Cal.   163/545. 

§  4480. 

Citations.      Cal.    159/745;  .161/275,   276;    162/93. 


§§  4481-4484  political  code.  822 

§  4481. 

Citations.  App.  9/169;  17/663;  19/657. 

§  4482. 

Citations.      App.   9/169. 

§  4483. 

Citations.      App.   9/169. 

§  4484. 

Citations.     Cal.   157/477.     App.  8/15. 


GENEEAL  LAWS 

OP  THE 

STATE  OF  CALIFORNIA. 

STATUTES  OF  1911  AND  1913. 

TITLE  3. 

ACCOUNTANTS.  ' 

ACT  11. 

An  act  to  create  a  state  board  of  accountancy  and  prescribe  its  duties 
and  powers;  to  provide  for  the  examination  of  and  issuance  of  cer- 
tificates to  qualified  applicants,  with  the  designation  of  certified 
public  accountant;  and  to  provide  the  grade  of  penalty  for  viola- 
tions of  the  provisions  hereof. 

[Approved   March   23,   1901.     Stats.   1901,  p.   645.] 
Amended    1913,    p.    949. 

The  amendment   of   191.3   follows: 

Certified  accountants  from  other  states  permitted  to  practice. 

§  3a.  Any  citizen  of  the  United  States,  or  any  person  who  has  de- 
clared his  intention  of  becoming  such  citizen,  being  over  the  age  of 
twenty-one  years  and  of  good  moral  character,  who  has  complied  with 
the  rules  and  regulations  of  the  board  appertaining  to  such  cases,  and 
who  holds  a  valid  and  unrevoked  certificate  as  a  certified  public  account- 
ant, or  the  equivalent  thereof,  issued  by  or  under  the  authority  of  any 
other  state  of  the  United  States,  or  the  District  of  Columbia,  or  any 
territory  of  the  United  States,  or  by  or  under  the  authority  of  a  foreign 
nation,  when  the  board  shall  be  satisfied  that  their  standards  and  re- 
quirements for  a  certificate  as  a  certified  public  accountant  are  substan- 
tially equivalent  to  those  established  by  the  act  of  which  this  act  is 
an  amendment,  may  at  the  discretion  of  the  board  receive  a  certificate 
as  a  certified  public  accountant,  and  such  person  may  thereafter  prac- 
tice as  a  certified  public  accountant  and  assume  and  use  the  name,  title, 
and  style  of  "certified  public  accountant"  or  any  abbreviation  or  abbre- 
viations thereof,  in  the  state  of  California;  provided,  however,  that  such 
other  state,  territory,  or  nation,  extends  similar  privileges  to  certified 
public  accountants  of  the  state  of  California.  [New  section  approved 
June  16,  1913;  Stats.  1913,  p.  949.] 

(823) 


Act  29,  §§  20, 22  general  laws.  824 

TITLE  6. 

ADULTERATION. 
ACT  29. 

An  act  to  prevent  the  manufacture,  sale  or  transportation  of  adulter- 
ated, mislabeled  or  misbranded  foods  and  liquors  and  regulating  the 
traffic  therein,  providing  penalties,  establishing  a  state  laboratory 
for  foods,  liquors  and  drugs  and  making  an  appropriation  therefor. 

[Approved  March  11.  1907.     Stats.  1907,  p.  208.] 
Amended   1909,   p.   51;    1909,   p.   353;    1911,   p.   1114. 
The  amendments  of  1911   follow: 

Misdemeanor  to  violate  act.     Adulterated  food  to  be  destroyed. 

§  20.  Any  person,  firm,  company  or  cor|joration  violating  any  of  the 
provisions  of  this  act  shall  be  guilty  of  a  misdemeanor,  and  upon  convic- 
tion shall  be  punished  by  a  fine  of  not  less  than  five  dollars,  nor  more 
than  five  hundred  dollars,  or  shall  be  imprisoned  in  the  county  jail  for 
a  term  not  exceeding  six  months,  or  by  both  such  fine  and  imprisonment. 
Food  found  to  be  adulterated,  mislabeled  or  misbranded  within  the  mean- 
ing of  this  act  may,  by  order  of  any  court  or  judge,  be  seized  and  de- 
stroyed.    [Amendment  approved  April  26,  1911;  Stats.  1911,  p.  1114.] 

Dealer  not  to  be  prosecuted  when  he  holds  wholesaler's  guaranty. 

§  22.  Xo  dealer  shall  be  prosecuted  un<ler  the  provisions  of  this  act, 
when  he  can  establish  a  guaranty  signed  by  the  wholesaler,  jobber,  man- 
ufacturer or  other  party  residing  in  the  United  States  from  whom  he 
purchased  such  articles  to  the  effect  that  the  same  is  not  adulterated, 
mislabeled  or  misbranded  within  the  meaning  of  this  act.  designating  it, 
and  can  also  establish  by  satisfactory  evidence  that  the  article  sold  by 
him  was  mislabeled  and  that  at  the  time  of  making  such  sale  he  was 
not  aware  of  that  fact.  Said  guaranty  to  afford  protection  must  contain 
the  name  and  address  of  the  party  or  parties  making  the  sales  of  such 
article  to  said  dealer,  and  an  itemized  statement  showing  the  article  pur- 
chased; or  a  general  guaranty  may  be  filed  with  the  secretary  of  the 
United  States  department  of  agriculture  by  the  manufacturer,  wiiolcsaler, 
jobber  or  other  party  in  the  United  States  and  be  given  a  serial  number, 
which  number  shall  appear  on  each  and  every  package  of  goods  sold 
under  such  guaranty  w'ith  the  words  "guaranteed  under  the  food  and 
drugs  act  June  30,  1906."  In  case  the  wholesaler,  jobber,  manufacturer 
or  other  party  making  such  guaranty  to  said  dealer  resides  without  this 
state,  and  it  appears  from  the  certificate  of  the  director  of  the  state 
laboratory  that  such  article  or  articles  were  adulterated,  mislabeled  or 
misbranded,  w'ithin  the  meaning  of  this  act,  or  the  national  pure  food 
act,  approved  June  30,  1906,  the  district  attorney  must  forthwith  notify 
the  attorney  general  of  the  United  States  of  such  violation.  [Airend- 
ment  approved  April  26,  1911;  Stats.  1911,  p.  1114.] 


825  ADULTERATION.  Act  30,  §§  6,  15 

ACT   30. 

An   act   for   the    prevention   of   the  manufacture,   sale   or   transportation 

of    adulterated,    mislabeled    or  misbranded    drugs,    regulating    the 

traffic   in   drugs   and   providing  penalties   for   violation   thereof. 

[Approved    March    11,    1907.     Stats.    1907,   p.    230.] 
Amended    1913,    p.    767. 
The   amendments    of    1913    follow: 

Drugs  deemed  mislabeled. 

§  6.  Drugs  shall  be  deemed  mislabeled  or  misbranded  under  the 
meaning    of  .this    act    in    either    of    the    following    cases: 

Imitations. 

First — If  it  be  an  imitation  of  or  offered  for  sale  under  the  name 
of  another  article. 

Original  contents  displaced. 

Second — If  the  contents  of  the  package  as  originally  put  up  shall 
have  been  removed,  in  whole  or  in  part,  and  other  contents  shall  have 
been  placed  in  such  package,  or  if  the  package  as  offered  for  sale  at 
retail  or  wholesale,  fail  to  bear  a  statement  on  the  label  of  the  per 
cent  of  volume  of  alcohol,  or  the  quantity  of  any  morphine,  opium, 
cocaine,  heroin,  alpha  or  beta  eucaine,  chloroform,  cannabis  indica, 
chloral  hydrate,  acetanilide,  or  any  derivative  or  preparation  of  any 
such  substances  contained  therein,  except  when  prescribed  by  a  licensed 
physician,  licensed  dentist,  or  licensed   veterinary  surgeon. 

False  statements. 

Third — If  its  package  or  label  shall  bear  or  contain  any  statement, 
design,  or  device  regarding  the  curative  or  therapeutic  effect  of  such 
article,  or  any  of  the  ingredients  or  substances  contained  therein,  which 
is  false  and  fraudulent.  [Amendment  approved  June  13,  1913;  Stats. 
1913,  p.   767.] 

Notice  of  violation  furnished  guarantor.  Hearing.  Certificate  of  facts 
to  district  attorney. 
§  15.  When  the  examination  or  analysis  of  the  director  of  the  state 
laboratory  shows  that  any  of  the  provisions  of  this  act  have  been  vio- 
lated, notice  of  that  fact  together  with  a  copy  of  the  certificate  of 
the  findings,  shall  be  furnished  to  the  party  or  parties  from  whom  the 
sample  was  obtained  or  who  executed  the  guaranty  as  provided  in  this 
act,  and  a  date  shall  be  fixed  by  the  secretary  of  the  board  of  health 
at  which  time  said  party  or  parties  may  be  heard  before  the  state 
board  of  health  or  any  two  members  thereof,  and  the  secretary.  The 
hearing  shall  be  held  at  such  times  and  places  as  maj^  be  designated 
bv   the  state  board   of   health   and   at   least   fifteen   days'   notice   thereof 


Acts44-47a  general  laws.  826 

shall  be  first  served  upon  the  party  complained  of.  These  hearings 
shall  be  private  and  confined  to  questions  of  fact.  The  parties  inter- 
ested therein  may  appear  in  person  or  by  attorneys  and  may  propound 
the  interrogatories  and  submit  oral  or  written  evidence  to  show  any 
fault  or  error  in  the  findings  made  by  the  director  of  the  state  labora- 
tory. If  the  examination  or  analysis  be  found  correct,  or  if  the  party 
or  parties  fail  to  appear  at  such  hearing,  after  notice  duly  served  as 
provided  herein,  the  secretary  of- the  state  board  of  health  shall  forth- 
with transmit  a  certificate  of  the  facts  so  found  to  the  district  attor- 
ne}^  of  the  county  in  which  said  adulterated,  mislabeled  or  misbranded 
drug  was  found.  No  publication  thereof  shall  be  made  until  after  said 
hearing  is  concluded.  [Amendment  approved  June  13,  1913;  Stats.  iyi3, 
p.    767.] 

ACT  44. 

To  prohibit  the  sophistication  and   adulteration   of  wine  and  to  prevent 
fraud   in    the   manufacture   and   sale    thereof.     [Approved    March    7, 
1887;   Stats.   1887,   p.   46.] 
Repealed   April   26,   1911;    Stats.    1911,   p.    1110. 

ACT  47. 

An  act  to  regulate  the  production  and  sale  of  certified  milk.     [Approved 
March  18,  1909.     Stats.  1909,  p.  402.] 
Repealed   April   25,    1913;    Stats.    1913,   p.   83.      See   next   act. 

ACT  47a. 

An   act   to   regulate   the   production   of   certified    milk,   cream,   ice-cream, 
butter  and   cheese;   and   repealing  an   act   entitled    "Xn   act   to   regu- 
late   the    production    of    certified    milk,"    approved    March    18,    1909, 
and  all  acts  and  parts  of  acts  inconsistent  with  this  act. 
[Approved   April   25,   1913.     Stats.   1913,   p.   83.] 

Certified  milk  regulations. 

§  1.  No  person,  firm  or  corporation  shall  sell  or  exchange,  or  offer 
or  expose  for  sale  or  exchange,  as  and  for  certified  milk,  any  milk 
which  does  not  conform  to  the  rules  and  regulations  and  to  the 
methods  and  standards  for  the  production  and  distribution  of  "certified 
milk"  adopted  by  the  American  association  of  medical  milk  commissions 
on  May  1st,  1912,  and  which  does  not  bear  the  certification  of  a  milk 
commission  appointed  by  a  county  medical  society  organized  under  and 
chartered  by  the  medical  society  of  the  state  of  California,  and  which 
has  not  been  pronounced  by  such  authority  to  be  free  from  antiseptics, 
added  preservatives,  and  pathogentc  bacteria,  or  bacteria  in  excessive 
numbers.  All  milk  sold  as  certified  milk  shall  be  conspicuously  marked 
with  the  name  of  the  commission  certifying  it.  Such  milk  commissioa 
shall   make   all   requirements   for   the   production    and    handling   of  certi- 


i 


827  ADULTERATION.  Act  48 

fied  milk  uniform  and  fair,  and  shall  not  refuse  to  certify  milk  for  any 
applicant  for  certification  who  shall  comply  with  the  provisions  of  this 
act. 

Certified  cream,  butter,  milk,  etc. 

§  2.  No  person,  firm  or  corporation  shall  sell  or  exchange  or  offer 
or  expose  for  sale  or  exchange,  any  cream,  skimmed  milk,  buttermilk, 
ice-cream,  butter  or  cheese  as  and  for  certified  cream,  certified  skimmed 
milk,  certified  buttermilk,  certified  ice-cream,  certified  butter  or  certified 
cheese,  as  the  case  may  be,  or  use  the  word  "certified"  in  con- 
nection with  the  sale,  designation,  advertising,  labeling  or  billing  of 
any  cream,  skimmed  milk,  buttermilk,  ice-cream,  butter  or  cheese  un- 
less the  same  and  all  products  of  milk  contained  therein  or  used  in  the 
manufacture  thereof  are  obtained  exclusively  from  milk  which  eon- 
forms  to  the  requirements  of  this  act  for  certified  milk  and  which  bears 
the  certification  of  a  milk  commission  in  accordance  with  the  provi- 
sions of  section  1  of  this  act,  and  unless  in  addition  thereto  the  methods 
and  conditions  under  which  such  cream,  skimmed  milk,  buttermilk,  ice- 
cream, butter  and  cheese,  as  the  case  may  be,  have  been  prepared  or 
manufactured,  as  regards  cleanliness  and  sanitation,  shall  conform  to 
the  requirements  of  the  milk  commission  whose  certification  is  sought. 
All  cream,  skimmed  milk,  buttermilk,  ice-cream,  butter  and  cheese  sold, 
designated,  advertised  or  offered  for  sale,  as  certified  cream,  certified 
skimmed  milk,  certified  buttermilk,  certified  ice-cream,  certified  butter 
or  certified  cheese  shall  be  conspicuously  marked  with  the  name  of  the 
commission  certifying  it  and  certifying  the  milk  from  which  such 
cream,  ice-cream,  butter   and   cheese   is   obtained. 

Penalty. 

§  3.  Any  person  who  shall  violate  any  of  the  provisions  of  this  act 
shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall  be  punished 
by  a  fine  of  not  less  than  twenty-five  ($i5)  dollars  nor  more  than  two 
hundred  ($200)  dollars,  or  by  imprisonment  in  the  county  jail  for  not 
less  than  ten  (10)  nor  more  than  sixty  (60)  days. 

Repealed. 

§  4.  An  act  entitled  "An  act  to  regulate  the  production  of  certified 
milk,"  approved  March  18,  1909,  and  all  acts  and  parts  of  acts  incon- 
sistent with  this  act,  are  hereby  repealed. 

ACT  48. 

An  act  to  regulate  the  manufacture,  sale,  adulteration  and  misbranding 
of  insecticides  or  fungicides  or  materials  used  for  insecticidal  or 
fungicidal  purposes,  and  to  provide  penalties  for  the  infraction 
thereof,  and  to  appropriate  money  therefor. 

[Approved  May  1.  1911.     Stats.  1911,  p.  1248.] 
Amended    1913,    pp.    363,    1141. 


A.et48,  §§1-3  GENERAL   LAWS.  828 

Unlawful  to  manufacture  adulterated  insecticide.  Penalty.  Fines  paid 
into  school  fund. 
§  1.  That  it  shall  be  unlawful  for  any  person  to  manufacture  within 
this  state  any  insecticide,  paris  green,  le"td  arsenate,  or  fungicide  which 
is  adulterated  or  misbranded  within  the  meaning  of  this  act;  and  any 
person  who  shall  violate  any  of  the  provisions  of  this  section  shall  be 
guilty  of  a  misdemeanor,  and  shall,  upon  conviction  thereof,  be  fined  not 
to  exceed  two  hundred  dollars  for  the  first  offense,  and  upon  conviction 
for  each  subsequent  offense  be  fined  not  to  exceed  three  hundred  dollars, 
or  sentenced  to  imprisonment  for  not  to  exceed  one  year,  or  both  such 
fine  and  imprisonment,  in  the  discretion  of  the  court.  Said  fines  and 
those  specified  in  section  2  of  this  act  to  be  paid  into  the  school  fund 
of  the  county  in  which  conviction  is  had. 

Unlawful  to  sell  adulterated  insecticide.     Penalty.     Article  for  export. 

§  2.  Any  person  who  shall  offer  to  deliver  to  any  other  person  or  any 
person  who  shall  sell  or  oflFer  for  sale  in  this  state  any  such  adulterated 
or  misbranded  insecticide  or  paris  gre^n  or  lead  arsenate  or  fungicide 
which  is  adulterated  or  misbranded  within  the  meaning  of  this  act,  or 
export  or  offer  to  export  the  same  to  any  foreign  country  shall  be  guilty 
of  a  misdemeanor,  and  for  such  offense  be  fined  not  exceeding  two  hun- 
dred dollars  for  the  first  offense,  and  upon  conviction  for  each  subse- 
quent offense  not  exceeding  three  hundred  dollars,  or  to  be  imprisoned 
not  exceeding  one  year,  or  both,  in  the  discretion  of  the  court;  provided, 
that  no  article  shall  be  deem.ed  misbranded  or  adulterated  within  the 
provisions  of  this  act  when  intended  for  export  to  any  foreign  country 
and  prepared  or  packed  according  to  the  specifications  or  directions  of 
the  foreign  purchaser;  but  if  said  article  shall  be  in  fact  sold  or  offered 
for  sale  for  domestic  use  or  consumption,  then  this  proviso  shall  not 
exempt  said  article  from  the  operation  of  any  of  the  provisions  of  this 
act. 

Examination  of  specimens. 

§  3.  The  examination  of  specimens  of  insecticides,  paris  greens,  lead 
arsenates  and  fungicides  shall  be  made  by  the  director  of  the  agricul- 
tural experiment  station  of  the  University  of  California  in  person  or 
by  deputy,  for  the  purpose  of  determining  from  such  examination 
whether  such  articles  are  adulterated  or  misbranded  within  the  meaning 
of  this  act;  and  if  it  shall  appear  from  any  such  examination  that  any 
of  such  specimens  are  adulterated  or  misbranded  within  the  meaning  of 
this  act.  the  said  director  shall  cause  notice  thereof  to  be  given  to  the 
party  from  whom  such  sample  was  obtained.  Any  party  so  notified  shall 
be  given  an  opportunity  to  be  heard  under  the  rules  and  regulations 
adopted  by  the  United  States  government  for  the  enforcement  of  the 
national  insecticide  act  of  1910,  and  if  it  appears  that  any  of  the  pro- 
visions of  this  act  have  been  violated  by  such  party,  then  the  said 
director  shall  at  once  certify  the  facts  to  the  proper  district  attorney, 
with  a  copy  of  the  results  of  the  analysis  or  the  examination  of  such 


829  ADULTERATION.  Act  48,  §§4-7 

article  duly  authenticated  by  the  analyst  or  officer  making  such  exami- 
nation, under  the  oath  of  such  officer.  After  judgment  of  the  court,  notice 
shall  be  given  by  publication  in  such  manner  as  the  said  director  may 
determine. 

Duty  of  district  attorney  to  prosecute. 

§  4.  That  it  shall  be  the  duty  of  each  district  attorney  to  whom  the 
said  director  shall  report  any  violation  of  this  act  or  present  satisfactory 
evidences  of  any  such  violation,  to  cause  appropriate  proceedings  to  be 
commenced  and  prosecuted  in  the  proper  courts  of  the  state  of  California 
without  delay,  for  the  enforcement  of  the  penalties  as  in  such  case 
herein  provided. 

Evidence  of  proper  analysis. 

§  5.  In  any  action,  civil  or  criminal,  in  any  court  in  this  state,  a 
certificate,  under  the  head  of  said  director,  and  the  seal  of  said  univer- 
sity, stating  the  results  of  any  analysis  purporting  to  have  been  made 
under  the  provisions  of  this  act,  shall  be  prima  facie  evidence  of  the 
fact  that  the  sample  or  samples  mentioned  in  said  analysis  or  certificate 
were  properly  analyzed  as  in  this  act  provided;  that  the  substances 
analyzed  contained  the  component  parts  stated  in  such  certificate  and 
analysis;  and  that  the  samples  were  taken  from  the  parcels  or  packages 
or  lots  mentioned  or  described   in   said   certificate. 

Definitions:    "Insecticide."    Paris    green.    "Lead,    arsenate."    "Fungicide." 

§  6.  That  the  term  "insecticide"  as  used  in  this  act  shall  include  any 
substance  or  mixture  of  substances  intended  to  be  used  for  preventing, 
destroying,  repelling  or  mitigating  any  insects  which  may  infest  vegeta- 
tion, man  or  other  animals,  or  households,  or  be  present  in  any  environ- 
ment whatsoever.  The  term  paris  green  as  used  in  this  act  shall  include 
the  product  sold  in  commerce  as  paris  green  and  chemically  known  as 
the  aceto-arsenite  of  copper.  The  term  "lead  arsenate"  as  used  in  this 
act  shall  include  the  product  or  products  sold  in  commerce  as  lead  ar- 
senate and  consisting  chemically  of  products  derived  from  arsenic  acid 
(H3  AsO,)  by  replacing  one  or  more  hydrogen  atoms  by  lead.  That  the 
term  "fungicide"  as  used  in  this  act  shall  include  any  substance  or  mix- 
ture of  substances  intended  to  be  used  for  preventing,  destroying,  repell- 
ing, or  mitigating  any  and  all  fungi  that  may  infest  vegetation  or  be 
present  in  any  environment  whatsoever. 

Adulterated  paris  green.     Adulterated  lead  arsenic.     Other  Insecticides. 

§  7.  That  for  the  purpose  of  this  act  an  article  shall  be  deemed  to 
be  adulterated — 

In  the  case  of  paris  green:  First,  if  it  does  not  contain  at  least  fifty 
per  centum  of  arsenious  oxide;  second,  if  it  contains  arsenic  in  water- 
soluble  forms  equivalent  to  more  than  three  and  one-half  per  centum  of 
arsenious  oxide;  third,  if  any  substance  has  been  mixed  and  packed 
with   it   so   as   to   reduce   or   lower   or    injuriously    affect   its    quality   or 


Act  48,  §  8  GENERAL   LAWS.  830 

strength.  In  the  case  of  lead  arsenate:  First,  if  it  contains  more  than 
fifty  per  centum  of  water;  second,  if  it  contains  total  arsenic  equivalent 
to  less  than  twelve  and  one-half  per  centum  of  arsenic  oxide  (As^O:,); 
third,  if  it  contains  arsenic  in  water-soluble  forms  equivalent  to  more 
than  seventy-five  one  hundredths  per  centum  of  arsenic  oxide  (As^O-,) ; 
fourth,  if  an}^  substances  have  been  mixed  and  packed  with  it  so  as  to 
reduce,  lower,  or  injuriously  affect  its  quality  or  strength;  provided, 
however,  that  extra  water  may  be  added  to  lead  arsenate  (as  describcil 
in  this  paragraph)  if  the  resulting  mixture  is  labeled  lead  arsenate  and 
water,  .the  percentage  of  extra  water  being  plainly  and  correctly  stated 
on  the  label. 

In  the  case  of  insecticides  or  fungicides,  other  than  paris  green  and 
lead  arsenate:  First,  if  the  strength  or  purity  fall  below  the  professed 
standard  or  quality  under  which  it  is  sold;  second,  if  any  substance  has 
been  substituted  wholly  or  in  part  for  the  article;  third,  if  any  valuable 
constituent  of  the  article  has  been  wholly  or  in  part  abstracted;  fourth, 
if  it  is  intended  for  use  on  vegetation  and  shall  contain  any  substance 
or  substances  which,  although  preventing,  destroying,  repelling,  or  miti- 
gating insects,  shall  be  injurious  to  such  vegetation  when  used. 

"Misbranded"  defined.  Misbranded  insecticides.  Names  of  ingredients. 
§  8.  That  the  term  "misbranded,"  as  used  herein,  shall  ajij^y  to  all 
insecticides,  paris  green,  lead  arsenate,  or  fungicides  or  articles  which 
enter  into  the  composition  of  insecticides  or  fungicides,  the  package  or 
label  of  which  shall  bear  any  statement,  design  or  device  regarding  such 
article  or  the  ingredients  or  substances  contained  therein  which  shall 
be  false  or  misleading  in  any  particular,  and  to  all  insecticides,  paris 
green,  lead  arsenate,  or  fungicides  wliich  are  falsely  branded  as  to  tlie 
state,  territory,  or  country,  in  which  the}'  are  manufactured  or  producctl. 
That  for  the  purpose  of  this  act  an  article  shall  be  deemed  to  be  mis- 
branded: In  the  case  of  insecticides,  paris  green,  lead  arsenate,  and 
fungicides:  first,  if  it  be  an  imitation  or  offered  for  sale  under  the 
name  of  another  article;  second,  if  it  be  labeled  or  branded  so  as  to 
deceive  or  mislead  the  purchaser,  or  if  the  contents  of  the  package  as 
originally  put  up  shall  have  been  removed  in  wliole  or  in  part  and  other 
contents  shall  have  been  placed  in  such  package;  third,  if  in  package 
form,  and  the  contents  are  stated  in  terms  of  weight  or  measure  tliey 
are  not  plainly  and  correctly  stated  on  the  outside  of  the  package.  In 
the  case  of  insecticides  (other  than  paris  green  and  lead  arsenates)  and 
fungicides:  first,  if  it  contains  arsenic  in  any  of  its  combinations  or  in 
the  elemental  form  and  the  total  amount  of  arsenic  present  (expressed 
as  per  centum  of  metallic  arsenic)-  is  not  stated  on  the  label;  second, 
if  it  contains  arsenic  in  any  of  its  combinations  or  in  the  elemental 
form  and  the  amount  of  arsenic  in  water-soluble  forms  (expressed  as 
per  centum  of  metallic  arsenic)  is  not  stated  on  the  label;  third,  if  it 
consists  partially  or  completely  of  any  inert  substance  or  substances 
which   do   not  prevent,   destroy,   repel   or  mitigate   insects   or  fungi   and 


831  ADULTEILVTION.  Act48,  §§9-11 

does  not  have  the  names  and  percentage  amounts  of  each  and  every 
one  of  such  inert  ingredients  plainly  and  correctly  stated  on  the  label; 
provided,  however,  that  in  lieu  of  -naming  and  stating  the  percentage 
amount  of  each  and  every  inert  ingredient  the  producer  may  at  his 
discretion  state  plainly  upon  the  label  the  correct  names  of  each  and 
every  ingredient  of  the  insecticide  or  fungicide  having  insecticidal  or 
fungicidal  properties,  and  make  no  mention  of  the  inert  ingredients, 
except  in  so  far  as  to  state  the  total  percentage  of  inert  ingredients 
present.     [Amendment  approved  June  16,  1913;   Stats.   1913,  p.  1111.] 

Wholesaler's  guaranty. 

§  9.  That  no  dealer  shall  be  prosecuted  under  the  provisions  of  this 
act  when  he  can  establish  a  guarant}'  signed  by  the  wholesaler,  jobber, 
manufacturer,  or  other  party  from  whom  he  purchased  such  articles,  to 
the  effect  that  the  same  is  not  adulterated  or  misbranded  within  the 
meaning  of  this  act,  designating  it;  or  a  general  guaranty  may  be  filed 
with  the  secretary  of  the  United  States  department  of  agriculture  by  the 
manufacturer,  wholesaler,  jobber  or  other  party  in  the  United  States 
and  be  given  a  serial  number,  which  number  shall  appear  on  every  pack- 
age of  insecticide  or  fungicide  sold  under  such  guaranty  with  the  words 
"guaranteed  by"  (the  name  of  the  guarantor)  under  the  insecticide  act 
of  191U;  and  in  such  cases  said  party  or  parties  shall  be  amenable  to  the 
prosecutions,  fines,  or  other  penalties  which  would  attach  in  due  course 
to  the  dealer  under  the  provisions  of  this  act.  [Amendment  approved 
June  16,  1913;  Stats.  1913,  p.  1112.] 

"Person"  defined.     Act  of  agent  deemed  act  of  corporation. 

§  10.  That  the  word  "person"  as  used  in  this  act  shall  be  construed 
to  mean  both  the  plural  and  the  singular,  as  the  case  demands,  and  shall 
include  corporations,  companies,  societies  and  associations.  When  con- 
struing and  enforcing  the  provisions  of  this  act,'  the  act,  omission  or 
failure  of  any  officer,  agent,  or  other  person  acting  for  or  employed  by 
any  corporation,  company,  society  or  association,  within  the  scope  of  his 
employment  or  office,  shall  in  every  case  be  also  deemed  to  be  the  act, 
omission,  or  failure  of  such  corporation,  company,  society  or  association, 
as  well  as  that  of  the  other  person. 

Label. 

§  11.  Every  lot,  parcel  or  package  of  commercial  insecticides  or 
fungicides  or  materials  to  be  used  for  insecticidal  or  fungicidal  pur- 
poses, sold,  ofi'ered  or  exposed  for  sale,  within  this  state,  shall  be  ac- 
companied by  a  plainly  printed  label  stating  the  name,  brand  and  trade- 
mark, if  any  there  be,  under  which  the  insecticide  or  fungicide  is  sold, 
the  name  and  address  of  the  manufacturer,  importer,  or  dealer,  the 
place  of  manufacture,  and  giving  a  correct  general  statement  of  the 
nature  and  composition,  together  with  the  name,  of  the  insecticide  or 
fungicide  it  accompanies,  and  the  total  percentage  claimed  to  be  therein 


Act48,§§  12-14  GENERAL   LAWS.  832 

of  the  substance  or  substances  alleged  to  have  inseeticidal  or  fungicidal 
properties.     [Amendment  approved  June  16,  1913;  Stats.  1913,  p.  1142.] 

Insecticide  deemed  adulterated. 

§  12.  No  commercial  insecticide,  paris  green,  lead  arsenate  or  fungi- 
cide shall  be  deemed  to  be  adulterated  under  the  provisions  of  this  act, 
if  the  standard  of  strength,  quality  or  purity  thereof  be  plainly  stated 
upon  the  bottle,  box  or  container  thereof,  although  the  standard  may 
differ  from  that  determined  by  the  jirovisions  of  section  7  hereof. 
[New  section  approved  .Tune  16,  1913;  .Stats.  1913,  p.  1144.] 
Original   §   12  repealed  June   16,   1913    (StatB.   1913,  p.   1144). 

Not  applicable  to  certain  drugs. 

§  121/2.  The  provisions  of  this  act  shall  not  apply  to  the  sale  of  any 
of  the  preparations,  drugs  and  chemicals  of  the  United  States  Phar- 
macopoeia or  National  Formulary,  which  conforms  to  the  standard  and 
tests  prescribed  in  the  latest  edition  of  the  United  States  Pharmacopoeia 
or  National  Formulary,  nor  shall  the  provisions  of  this  act  apply  to  the 
sale  of  any  medicinal  or  toilet  preparations  or  substances  guaranteed 
under  the  United  States  pure  food  and  drugs  act  of  .June  30,  1906.  and 
the  California  pure  food  and  drugs  act.  Statutes  of  California  for  1907, 
chapter  187.  [New  section  approved  June  16,  1913;  Stats.  1913, 
p.  1144.] 

Analysis  of  Insecticides. 

§  13.  The  directory  of  the  agricultural  experiment  station  of  the 
University  of  California  shall,  upon  receipt  of  a  sample  of  insecticide 
or  fungicide,  accompanied  with  a  nominal  fee  of  one  dollar,  furnish  to 
the  user  of  said  commercial  insecticide  or  fungicide,  such  examination 
or  analysis  of  the  sample  as  will  substantially  establish  the  conformity 
or  nonconformity  of  the  said  insecticide  or  fungicide  to  the  guaranty 
under  which  it  is  sold.  [Amendment  approved  June  16,  1913;  Stats. 
1913,  p.  1143.] 

Purchase  of  samples. 

§  14.  The  directory  of  the  agricultural  experiment  station  of  the 
University  of  California,  in  person  or  by  deputy,  is  hereby  authorized 
to  purchase  a  sample,  not  exceeding  one  pound  in  weight,  for  analysis 
by  the  said  director  or  his  deputies,  from  any  lot.  parcel  or  package  of 
insecticide  or  fungicide,  or  material,  or  mixture  of  materials  used  for 
inseeticidal  or  fungicidal  purposes,  which  may  be  in  the  possession  of 
any  manufacturer,  importer,  agent  or  dealer;  but  said  sample  shall  be 
drawn  in  the  presence  of  said  ])arty  or  parties  in  interest  or  their 
representatives.  In  lots  of  five  tons  or  less,  samples  shall  be  drawn 
from  at  least  ten  packages,  or,  if  less  than  ten  packages  are  present, 
all  shall  be  sampled;  in  lots  of  over  five  tons,  not  less  than  twenty  pack- 
ages shall  be  sampled.  The  samples  so  drawn  shall  be  thoroughly  mixed, 
and  from  it  two  equal  samples  shall  be  drawn  and  placed  in  glass 
vessels,  carefully  sealed,  and   a   label   placed   on   each,  stating  the   name 


833  ADULTERATION.  Act  48,  §§  14a-20 

or  brand  of  the  insecticide  or  material  sampled,  the  name  of  the  party 
from  whose  stock  the  sample  was  drawn,  and  the  time  and  place  of 
drawing;  and  said  label  shall  also  be  signed  hy  the  said  director  or  his 
deputy  making  such  inspection,  and  by  the  party  or  parties  in  interest 
or  their  representatives,  present  at  the  drawing  and  sealing  of  said 
samples.  One  of  said  duplicate  samples  shall  be  retained  by  the  party 
whose  stock  was  sampled,  and  the  other  by  the  director  of  the  agricul- 
tural experiment  station  of  the  University  of  California.  [Amendment 
approved  June  16,  191.3;  Stats.  1913,  p.  1143.] 

Insecticides  sold  without  license. 

§  14a.  The  following  insecticides  and  fungicides  or  materials  to  be 
used  for  inseeticidal  or  fungicidal  purposes  may  be  sold  by  grocers  and 
dealers  generally  without  restriction  and  without  the  registration  fee, 
permit  or  license  being  required  of  them,  viz.:  Insect  powders,  poison 
fly-paper,  sticky  fly-paper,  borax,  moth  balls,  gum  camphor,  spirits  of 
camphor,  blue  ointment,  oil  of  eucalyptus,  castor  oil.  ant  poison,  sheep 
dip,  lice-killer,  sulphur,  bluestone.  [New  section  approved  June  2,  1913; 
Stats.  1913,  p.  363.] 

Publication  of  results  of  analyses. 

§  15.  The  director  of  the  agricultural  experiment  station  of  the 
University  of  California  shall  publish  in  bulletin  form,  from  time  to 
time,  at  least  annually,  the  results  of  the  analyses,  hereinbefore  pro- 
vided with  such  additional  information  as  circumstances  may  advise. 

Appropriation. 

§  16.  There  is  hereby  provided  for  carrying  out  the  purposes  of  this 
act,  out  of  any  moneys  in  the  state  treasury  not  otherwise  appropriated, 
the  sum  of  five  thousand  dollars  for  each  fiscal  year  hereafter,  beginning 
with  the  first  day  of  July,  1911. 

Persons  who  may  not  be  interested  in  sale,  etc. 

§  17.  All  persons  charged  with  the  enforcement  or  execution  of  any 
of  the  provisions  of  this  act  shall  not  directly  or  indirectly  be  interested 
in  the  sale,  manufacture  or  distribution  of  any  insecticide  or  fungicide 
affected  by  this  act. 

Disposition  of  fees. 

§  18.  All  moneys  received  from  analytical  fees  shall  be  paid  to  the 
secretary  of  the  board  of  regents  of  the  University  of  California  for  the 
use  of  said  board  in  carrying  out  the  provisions  of  this  act.  [Amendment 
approved  June  16,  1913;  Stats.  1913,  p.  1144.] 

Repealed. 

§  19.  An  act  to  prevent  fraud  in  the. sale  of  paris  green  used  as  an 
insecticide,   chapter   53,   page   69,   Statutes   of   1901,  is   hereby   repealed. 

§  20.  This  act  shall  take  effect  and  be  in  force  from  and  after  July  1, 
1911. 

53 


Acts  49,  52  GENERAL,   LAWS.  834 

TITLE  7. 
ADULTEBY. 
ACT  49. 

Citations.      Cal.  162/84;    (§§1,2)   162/83. 

TITLE  7a. 

ADVERTISEMENTS. 

ACT  52. 

An  act  prohibiting  the  placing  or  maintaining  of  signs,  mechanical  de- 
vices, transparencies,  pictures  or  advertisements  on  or  upon  property 
of  the  state  of  California,  or  on  or  upon  property  of  any  city,  city 
and  county  or  county  in  the  state  of  California,  and  prohibiting  the 
placing  or  maintaining  of  any  signs,  mechanical  devices,  transparen- 
cies, pictures  or  advertisements  upon  property  of  any  person  or  pri- 
vate corporation  without  consent  in  writing  therefor  having  been 
first  obtained,  and  providing  a  penalty  for  the  violation  of  the 
provisions  of  this  act,  and  declaring  such  signs,  mechanical  devices, 
transparencies,  pictures  and  advertisements  to  be  a  public  nuisance. 
[Approved  April  21,  1911.     Stats.  1911,  p.  957.] 

Unlawful  to  place  signs  without  permission. 

§  1.  It  shall  be  unlawful  for  any  person,  persons  or  corporation  to 
place,  cause  to  be  placed  or  to  maintain,  or  cause  to  be  maintained  with- 
out lawful  permission  on  or  upon  any  property,  either  real  or  personal, 
belonging  to  the  state  of  California,  or  to  any  city,  city  and  county  or 
county  in  the  state  of  California,  any  sign,  picture,  transparency,  adver- 
tisement or  mechanical  device  which  is  used  for  the  purpose  of  or  which 
does  advertise  or  bring  to  notice  any  person  or  persons  or  article  or  arti- 
cles of  merchandise  or  any  business  or  profession  or  anything  that  is  to 
be  or  has  been  sold,  bartered  or  given  away. 

Consent  of  owners  of  property. 

§  2.  It  shall  be  unlawful  for  any  person,  persons  or  corporation  to 
place,  cause  to  be  placed,  maintain,  or  cause  to  be  maintained  on  or  upon 
any  property,  either  real  or  personal,  within  the  state  of  California,  in 
which  said  person,  persons  or  corporations  have  no  estate  or  right  of 
possession,  any  sign,  picture,  transparency,  advertisement  or  mechanical 
device  which  is  used  for  the  purpose  of,  or  which  does  advertise  or  brinj; 
to  notice  any  person  or  persons,  or  article  or  articles  of  merchandise  or 
any  business  or  profession  or  anything  that  is  to  be  or  has  been  sold, 
bartered  or  given  away,  unless  such  person,  persons  or  corporation  obtain 
the  consent  of  the  own^r  or  owners,  lessee  or  lessees  of  said  property,  or 
person  or  persons  in  lawful  possession  of  said  property  before  such  sign, 
picture,  transparency,  advertisement  or  mechanical  device  is  placed  on  or 
upon  said  property. 


835  AGRICULTURE.  Act  63a,  §§  1, 2 

Lawful  notices.     Eoad  signs. 

§  3.  Nothing  herein  sliall  be  so  construed  as  to  prevent  the  posting  of 
any  notice  required  by  law  or  order  of  any  court,  to  be  posted,  nor  to 
prevent  the  posting  or  placing  of  any  notice,  particularly  pertaining  to 
the  grounds  or  premises  upon  which  the  same  is  so  posted  or  placed,  or  to 
prevent  the  posting  or  placing  of  any  notice,  sign,  or  device  used  exclu- 
sively for  giving  public  notice  of  the  name,  direction  or  condition  of  any 
highway,   street,  lane,  road  or  alley. 

Nuisance. 

§  4.  Any  such  sign,  picture,  transparency,  advertisement  or  mechani- 
cal device  so  placed  on  any  property,  contrary  to  the  provisions  of  this 
act,  is  and  shall  be  a  public  nuisance. 

Penalty. 

§  5.  Any  person  violating  any  of  the  provisions  of  this  act  shall  be 
guilty  of  a  misdemeanor. 

TITLE  10. 

AGRICULTURE. 
ACT  63a. 

An  act  appropriating  money  for  the  purchase  of  additional  land  for  the 
state  fair  grounds  in  the  city  of  Sacramento. 
[Approved  June  6,  1913.     Stats.   1913,  p.  907.] 

Appropriation:    Additional  land,  Agricultural  Park,   Sacramento.     Title. 
Deeds. 

§  1.  The  sum  of  nine  thousand  three  hundred  dollars  or  so  much 
thereof  as  may  be  necessary,  is  hereby  appropriated  out  of  any  money  in 
the  state  treasury  not  otherwise  appropriated  to  be  used  by  the  directors 
of  the  State  Agricultural  Society  to  purchase  additional  land  to  become 
a  part  of  Agricultural  Park  in  the  city  of  Sacramento,  said  additional 
land  comprising  eight  and  one-half  acres,  more  or  less,  of  land  adjoining 
the  present  agricultural  park  on  the  south  side.  Title  of  the  land  so 
purchased  shall  be  taken  in  the  name  of  the  state  of  California  and  shall 
have  the  approval  of  the  attorney  general.  The  deed  or  deeds  to  the  land 
shall  be  delivered  by  the  owner  or  owners  to  said  directors  upon  pay- 
ment of  the  purchase  price.  Said  deed  or  deeds  shall  be  filed  in  the 
office   of  the   secretary   of   state. 

§  2.  The  state  controller  is  hereby  authorized  and  directed  .to  draw 
his  warrant  in  favor  of  the  directors  of  the  State  Agricultural  Society 
for  the  moneys  herein  appropriated  at  such  times  and  in  such  manner  as 
the  expenditure  of  the  same  shall  be  required  and  the  state  treasurer  is 
hereby  directed  to  pay  said  warrants. 


Act  63b,  §  1  GENERAL   LAWS.  836 

ACT  631). 

An  act  to  provide  for  the  issuance  ^nd  sale  of  state  bonds  to  "be  known 
as  "state  fair  ground  bonds,"  to  provide  a  fund  for  the  acquirement 
of  additional  land  for  the  enlargement  and  extension  of  the  state 
fair  grounds  in  the  city  of  Sacramento,  the  erection  of  additions  to 
buildings  now  existing  on  said  grounds,  the  erection  of  new  build- 
ings thereon,  the  equipping  of  said  buildings  and  the  general  im- 
provement and  beautification  of  said  state  fair  grounds  as  a  com- 
plete plant  for  the  exhibition  and  exploitation  of  the  resources  and 
products  of  the  state;  appropriating  the  proceeds  thereof  for  said  pur- 
poses and  providing  for  the  manner  in  which  the  same  shall  be  ex- 
pended; creating  a  sinking  and  interest  fund  for  the  payment  of 
interest  on  said  bonds  and  the  redemption  thereof,  making  an  appro- 
priation therefor  and  providing  for  the  collection  of  revenue  for 
such  purposes;  making  an  appropriation  for  the  expenses  of  prepar- 
ing such  bonds  and  providing  for  the  submission  of  this  act  to  a 
vote  of  the  people. 

[Approved  June  7,   1913.     Stats.   1913,  p.  929.     In  effect  December   31, 

1914.] 

State  fair  grounds  bonds.    Interest.    When  payable.    Signed  by  governor. 

§  1.  For  the  purpose  of  creating  and  jiroviding  a  fund  for  the  in- 
debtedness hereby  authorized  to  be  incurred,  as  hereinafter  provided, 
the  state  treasurer  sliall  immediately  after  the  issuance  of  the  proclama- 
tion of  the  governor,  provided  for  in  section  10  hereof,  prepare  one  thou- 
sand five  hundred  suitable  bonds  of  the  state  of  California,  in  the  denomina- 
tion of  five  hundred  dollars  each.  The  whole  issue  of  said  bonds  shall 
not  exceed  the  sum  of  seven  hundred  and  fifty  thousand  dollars,  and  said 
bonds  shall  bear  interest  at  the  rate  of  four  per  centum  per  annum  from 
the  date  of  issuance  thereof,  and  both  principal  and  interest  shall  be 
payable  in  gold  coin  of  the  present  standard  of  value,  and  they  shall  he 
payable  at  the  office  of  the  state  treasurer,  at  the  expiration  of  lift}'  years 
from  their  date.  Said  bonds  shall  bear  date  the  second  day  of  July,  1015, 
and  shall  be  payable  on  the  second  day  of  July,  1965.  The  interest 
accruing  on  such  of  said  bonds  as  are  sold  shall  be  due  and  payable  at  the 
office  of  the  state  treasurer  on  the  second  day  of  January  and  on  the 
second  day  of  July  of  each  year  after  the  sale  of  the  same.  At  the  ex- 
piration of  fifty  years  from  the  date  of  said  bonds  all  bonds  sold  shall 
cease  to  bear  interest  and  the  state  treasurer  shall  call  in,  forthwith  pay 
and  cancel  the  same  out  of  the  moneys  in  the  sinking  and  interest  fund 
provided'  for  in  this  act.  All  bonds  issued  shall  be  signed  by  the  gov- 
ernor, and  countersigned  by  the  controller,  and  shall  be  indorsed  by  the 
state  treasurer,  and  the  said  bonds  shall  be  so  signed,  couutersigned,  and 
indorsed  by  the  officers  who  are  in  office  on  the  second  day  of  July,  1915, 
and  each  of  said  bonds  shall  have  the  seal  of  the  state  impressed  thereon. 
The  said  bonds  signed,  countersigned,  indorsed  and  sealed  as  herein  pro- 
vided when  sold  shall  be  and  constitute  a  valid  and  binding  obligation 


837  AGRICULTURE.  Act  63b,  §§  2-4 

upon  the  state  of  California,  though  the  sale  thereof  be  made  at  a  date 
or  dates  after  the  person  sighing,  countersigning  and  indorsing,  or  any 
or  either  of  them,  shall  have  ceased  to  be  the  incumbents  of  such  office 
or  offices. 

Tnterest  coupons. 

§  2.  Interest  coupons  shall  be  attached  to  each  of  said  bonds,  so  that 
Kueh  coupons  may  be  removed  without  injury  to  or  mutilation  of  the 
bond.  Said  bonds  shall  be  consecutively  numbered,  and  shall  bear  the 
lithographed  signature  of  the  state  treasurer  who  shall  be  in  office  on  the 
second  day  of  July,  1915.  But  no  interest  on  any  of  said  bonds  shall  be 
paid  for  any  time  which  may  intervene  between  the  date  of  any  of  said 
bonds  and  the  issue  and  sale  thereof  to  a  purchaser,  unless  such  accrued 
interest  shall  have  been,  by  the  purchaser  of  said  bond,  jjaid  to  the  state 
at  the  time  of  such  sale. 

Appropriation. 

§  3.  The  sum  of  two  thousand  five  hundred  dollars,  or  so  much  thereof 
as  may  be  necessary,  is  hereby  appropriated  out  of  any  money  in  the 
state  treasury  not  otherwise  appropriated  to  pay  the  expenses  that  may 
be  incurred  by  the  state  treasurer  in  having  said  bonds  prepared. 

Sale  of  bonds.     State  fair  grounds  fund. 

§  4.  "When  the  bonds  authorized  to  be  issued  under  this  act  shall 
be  duly  executed,  they  shall  be  sold  by  the  state  treasurer  at  public 
auction  to  the  highest  bidder  for  cash  in  such  parcels  and  numbers  as 
shall  be  directed  lay  the  governor  of  the  state;  but  the  state  treasurer 
must  reject  any  and  all  bids  for  said  bonds,  or  for  any  of  them,  which 
shall  be  below  the  par  value  of  said  bonds  so  offered  plus  the  interest 
which  has  accrued  thereon  between  the  date  of  sale  and  the  last  preced- 
ing interest  maturity  date  and  he  may,  by  public  announcement,  at  the 
place  and  time  fixed  for  the  sale,  continue  such  sale,  as  to  the  whole  of 
the  bonds  offered,  or  any  part  thereof  offered,  to  such  time  and  place  as 
he  may  select.  When  a  sale  is  continued,  as  hereinabove  provided,  no 
notice  need  be  given  other  than  the  public  announcement  of  the  contin- 
uance, as  hereinabove  provided.  Before  offering  any  of  said  bonds  for 
sale,  the  said  treasurer  shall  detach  therefrom  all  coupons  which  have 
matured  before  the  date  fixed  for  such  sale.  Due  notice  of  the  time  and 
place  of  sale  of  all  bonds  must  be  given  by  said  treasurer  by  publication 
in  one  newspaper  published  in  the  city  and  county  of  San  Francisco,  and 
also  by  publication  in  one  newspaper  published  in  the  city  of  Oakland, 
and  by  publication  in  one  newspaper  published  in  the  city  of  Los  Angeles, 
and  by  publication  in  one  newspaper  published  in  the  city  of  Sacramento, 
once  a  week  during  four  weeks  prior  to  such  sale.  In  addition  to  the 
notice  last  above  provided  for  the  state  treasurer  must  give  such  further 
notice  as  he  may  deem  advisable,  but  the  expenses  and  costs  of  such 
additional  notice  shall  not  exceed  five  hundred  dollars  for  each  sale  so 


Act  63b,  §§  5,  6  GENERAL  LAWS.  838 

advertised.  The  costs  of  such  publications  shall  be  paid  out  of  any 
moneys  in  the  state  treasury  not  otherwise  appropriated  on  controller's 
warrants  duly  drawn  for  such  purpose.  The  proceeds  of  the  sale  of  such 
bonds,  except  such  amount  as  may  have  been  paid  as  accrued  interest 
thereon,  shall  be  forthwith  paid  over  by  said  treasurer  into  the  state 
treasury,  and  must  be  by  him  kept  in  a  separate  fund,  to  be  known  and 
designated  as  the  "state  fair  grounds  fund"  which  fund  is  hereby  estab- 
lished. Any  and  all  sums  which  may  have  been  paid  as  accrued  interest 
shall  be  forthwith  paid  over  by  said  treasurer  into  the  state  treasury, 
and  must  be  by  him  kept  in  a  separate  fund  to  be  known  and  desig- 
nated as  the  "state  fair  grounds  sinking  and  interest  fund,"  which  fund 
is  hereby  established. 

Additional  land  and  buildings.     Plans. 

§  5.  An}'  and  all  moneys  derived  from  the  sale  of  the  bonds  provided 
for  in  this  act,  are  hereby  appropriated  and  shall  be  used  exclusively  for 
the  following  purpose,  to  wit:  For  the  acquirinj^  of  additional  land  for  the 
enlargement  and  extension  of  the  state  fair  grounds  in  the  city  of 
Sacramento,  the  erection  of  additions  to  buililiiigs  now  existing  on  said 
grounds,  the  erection  of  new  buildings  on  said  grounds,  the  equipping 
of  said  buildings  and  the  general  improvement  and  beautification  of 
said  state  fair  grounds  as  a  complete  plant  for  the  exhibition  and  ex 
ploitation  of  the  resources  and  products  of  this  state.  The  funds  herein 
appropriated  shall  be  expended  under  the  direction  and  control  of  the 
state  board  of  agriculture;  provided,  that  the  plans  and  specifications 
for  the  erection  of  additions  to  existing  buildings  and  for  the  erection 
of  new  buildings  and  for  the  improvement  and  beautification  of  said 
state  fair  grounds  shall  be  prepared  by  the  state  department  of  engineer- 
ing subject  to  the  approval  of  the  state  board  of  agriculture,  and  all 
work  at  said  state  fair  grounds  to  be  paid  for  from  the  funds  created 
by  this  act  shall  be  carried  out  in  accordance  with  the  general  law 
governing  the  construction  and  prosecution  of  all  public  work  for  the 
state  of  California. 

Annual  appropriation  to  pay  principal.     To  pay  interest.     Semi-annual 
transfer  of  funds.     Payment  of  principal.     Records.     Report. 

§  6.  There  is  hereby  apiirojuiatod  out  of  any  moneys  in  the  state 
treasury  not  otherwise  appropriated,  the  sum  of  twelve  thousand  five 
hundred  dollars  annually,  to  pay  the  principal  of  the  bonds  issued  and 
sold  pursuant  to  the  provisions  of  this  act.  Said  annual  appropriation 
to  continue  until  the  same,  together  with  the  accrued  interest  on  the 
investment  thereof,  shall  be  sufficient  to  pay  the  principal  of  said  bonds 
at  the  maturity  thereof.  There  is  also  hereby  appropriated  out  of  any 
moneys  in  the  state  treasury  not  otherwise  appropriated,  such  sum 
annually  as  will  be  necessary  to  pay  the  interest  on  the  bonds  issued 
and  sold  pursuant  to  the  provisions  of  this  act.  There  shall  be  collected 
annually    in    the    same    manner    and    at    the    same    time    as    other    state 


839  AGRICULTURE.  Act  63b,  §  7 

revenue  is  collected  such  a  sum,  in  addition  to  the  other  revenues  of  the 
state,  as  shall  be  required  to  pay  the  principal  and  interest  on  said 
bonds  as  herein  provided  and  it  is  hereby  made  the  duty  of  all  oflEieers 
charged  by  law  with  any  duty  in  regard  to  the  collection  of  said  revenue 
to  do  and  perform  each  and  ever}'  act  which  shall  be  necessary  to  col- 
lect such  additional  sum.  On  the  2d  day  of  January  and  on  the  2d  day 
of  July  of  each  year,  after  the  sale  of  any  bonds  as  herein  provided 
for,  the  state  treasurer  and  state  controller  shall  transfer  from  the 
moneys  hereby  appropriated  to  the  state  fair  grounds  sinking  and  interest 
fund,  a  sufficient  sum  of  money  to  pay  all  interest  due  and  payable  on 
any  bonds  sold,  and  said  transfer  shall  continue  to  be  so  made  up  to  the 
date  of  maturity  of  such  bonds  and  it  shall  be  the  dmty  of  the  state 
treasurer  to  pay  the  same  when  the  same  shall  fall  due.  On  the  first 
Monday  in  July  of  each  year,  after  the  sale  of  any  of  the  bonds  as  in 
this  act  provided,  the  state  controller  and  the  state  treasurer  are  hereby 
authorized  and  directed  to  transfer  the  moneys  hereby  appropriated  for 
the  payment  of  the  principal  of  said  bonds  to  the  said  state  fair  grounds 
sinking  and  interest  fund.  The  moneys  so  transferred  to  the  said  state 
fair  grounds  sinking  and  interest  fund  for  the  payment  of  the  principal 
of  said  bonds,  shall  be  invested  from  time  to  time  by  the  state  treasurer 
in  United  States,  state,  county,  city  and  county,  municipal  or  school 
district  bonds  issued  in  the  state  of  California,  and  such  other  bonds 
as  are  now  or  may  hereafter  be  authorized  by  law.  All  interest  pay- 
able on  such  bonds  so  invested  shall  be  paid  into  the  said  state  fair 
grounds  sinking  and  interest  fund  and  be  applied  and  held  for  the  pay- 
ment of  the  principal  of  said  bonds  or  reinvested  in  other  bonds  for 
the  payment  of  such  principal,  as  herein  provided.  The  principal  of 
all  said  bonds  sold  shall  be  paid  at  the  time  the  same  becomes  due,  from 
the  state  fair  grounds  sinking  and  interest  fund  and  the  interest  on  all 
bonds  sold  shall  be  paid  at  the  time  said  interest  becomes  due  from 
said  fund  and  the  faith  of  the  state  of  California  is  hereby  pledged  for 
the  payment  of  the  principal  of  said  bonds  so  sold  and  the  interest 
accruing  thereon.  The  state  controller  and  the  state  treasurer  shall 
keep  full  and  particular  account  and  record  of  all  their  proceedings 
under  this  act,  and  they  shall  transmit  to  the  governor  an  abstract  of 
all  such  proceedings  thereunder,  with  an  annual  report,  to  be  by  the 
governor  laid  before  the  legislature  biennially;  and  all  books  and  papers 
pertaining  to  the  matter  provided  for  in  this  act  shall  at  all  times  be 
open  to  the  inspection  of  any  party  interested,  or  the  governor,  or  the 
attorney  general,  or  a  committee  of  either  branch  of  the  legislature,  or 
a  joint  committee  of  both,  or  any  citizen  of  the  state. 

Redeemed  bonds  destroyed. 

§  7.  When  the  bonds  provided  for  [in]  this  act  are  redeemed  the  state 
treasurer  shall  mark  the  same  canceled,  and  shall  in  the  presence  of  the 
governor,  destroy  the  same  by  burning  the  said  bonds. 


Act  67,  §  5  GENERAL   LAWS.  840 

In  effect. 

§  8.  This  act,  if  adopted  by  the  people,  shall  take  effect  on  the  thirty- 
first  day  of  December,  1914,  as  to  all  its  provisions  excepting  those  re- 
lating to  and  necessary  for  its  submission  to  the  people,  and  for  re- 
turning, canvassing  and  proclaiming  the  votes,  and  as  to  said  excepted 
provisions  this  act  shall  go  into  effect  ninety  days  after  the  final  ad 
journment  of  the  session  of  the  legislature  passing  the  same. 

Act  submitted  to  people. 

§  9.  This  act  shall  be  submitted  to  the  people  of  the  state  of  Cali- 
fornia for  their  ratification  at  the  next  general  election  to  be  holden 
in  the  month  of  November,  1914,  and  all  ballots  at  said  election  shall  have 
printed  thereon  the  words  "For  the  state  fair  grounds  bonds"  and  such 
other  designation  as  may  be  necessary  to  properly  identify  this  act.  In 
a  square  immediately  below  the  square  containing  said  words  there  shall 
be  printed  on  said  ballot  the  words  "Against  the  state  fair  grounds  bonds." 
Opposite  the  words  "For  the  state  fair  grounds  bonds"  and  "Against  the 
state  fair  grounds  bonds,"  there  shall  be  left  spaces  in  which  the  voters 
may  make  or  stamp  a  cross  to  indicate  whether  they  vote  for  or  against 
this  act,  and  those  voting  for  said  act  shall  do  so  by  placing  a  cross  op- 
posite the  words  "For  the  state  fair  grounds  bonds"  and  those  voting 
against  said  act  shall  do  so  by  placing  a  cross  opposite  the  words  ".^gainst 
the  state  fair  grounds  bonds."  The  governor  of  this  state  shall  include 
the  submission  of  this  act  to  the  people  as  aforesaid,  in  his  proclamation 
calling  for  said  general  election. 

Canvass  of  votes. 

§  10.  The  votes  cast  for  or  against  this  act  shall  be  counted,  returned 
and  canvassed  and  declared  in  the  same  manner  and  subject  to  the  same 
rule  as  votes  cast  for  state  officers;  and  if  it  appears  that  said  act  shall 
have  received  a  majority  of  all  the  votes  cast  for  and  against  it  at  said 
election  as  aforesaid,  then  the  same  shall  have  effect  as  hereinbefore 
provided  and  shall  be  irrepealable  until  the  principal  and  interest  of  the 
liabilities  herein  created  shall  be  paid  and  discharged,  and  the  governor 
shall  make  proclamation  thereof;  but  if  the  majority  of  the  votes  cast 
aforesaid  are  against  this  act  then  the  same  shall  be  and  become  void. 

ACT  67. 

An   act  to   provide   for  the  management   and  control   of   the   state   agri- 
cultural society  by  the  state. 

[Approved  April  15,  18S0.     Stats.  1880,  p.  49.] 
Amended   1913,   p.   571. 
The  amendment  of  1913  follows: 

Powers  of  state  board  of  agriculture.    Receipts. 

§  5.  The  state  board  of  agriculture  shall  be  charged  with  the  exclu- 
sive management  and  control  of  the  state  agricultural  society  as  a  state 


841  AGRICULTURE.  Acts  67c-69 

institution;  shall  have  possession  and  care  of  its  property,  and  be  in- 
trusted with  the  direction  of  its  entire  business  and  financial  affairs. 
They  shall  define  the  duties  of  the  secretary  and  treasurer,  fix  their  bonds 
and  compensation,  and  shall  have  power  to  make  all  necessary  changes 
in  the  constitution  and  rules  of  the  society;  to  adapt  the  same  to  the 
provisions  of  this  act,  and  to  the  management  of  the  society,  its  meet- 
ings, and  exhibitions.  They  shall  provide  for  an  annual  fair  or  exhibi- 
tion by  the  society  of  all  the  industries  and  industrial  products  of  the 
state,  at  the  city  of  Sacramento;  provided,  that  in  no  event  shall  the 
state  be  liable  for  any  premium  awarded  or  debt  created  by  said  board 
of  agriculture;  provided,  further,  that  the  collections  and  receipts  from 
other  sources  than  state  appropriations  shall  be  reported  monthly  by 
the  secretary  to  the  controller  of  state  and  shall  be  paid  into  the  state 
treasury.  Such  receipts  shall  be  credited  to  the  state  agricultural  society 
contingent  fund,  which  is  hereby  created,  and  shall  be  for  the  use  of  the 
society.  [Amendment  approved  June  11,  1913;  Stats.  1913,  p.  571.] 
Citations.     App.  9/282. 

ACT  67c. 

An  act  authorizing  and  empowering  the  directors  of  the  state  board  of 
agriculture  to  set  aside  a  site  and  to  grant  to  any  person  or  persons 
the  right  and  privilege  to  erect  in  the  state  fair  grounds  at  Agri- 
cultural Park  in  the  city  of  Sacramento  a  building  or  other  structure 
as  a  memorial,  providing  for  the  approval  of  the  plans  and  specifi- 
cations therefor  and  for  the  acceptance  and  maintenance  thereof. 
[Approved  June  2,  1913.     Stats.  1913,  p.  364.] 

Memorial  buildings  in  agricultural  park. 

§  1.  The  directors  of  the  state  board  of  agriculture  are  hereby  au- 
thorized and  empowered  to  set  aside  a  suitable  site  and  to  grant  to  any 
person  or  persons  the  right  and  privilege  to  erect  in  the  state  fair 
grounds  at  Agricultural  Park  in  the  city  of  Sacramento  a  suitable  build- 
ing or  other  structure  as  a  memorial  to  any  person,  who  during  life,  was 
identified  with  the  work  of  advancing  and  promoting  the  interests  of  the 
state  of  California.  The  plans  and  specifications  for  such  memorial  build- 
ing or  other  structure  shall  be  approved  by  the  state  engineering  de- 
partment as  to  strength  of  design  and  materials  and  by  the  directors 
of  the  state  board  of  agriculture  before  the  right  or  privilege  to  erect 
the  same  shall  be  granted,  and  when  erected  and  accepted  by  the  di- 
rectors of  the  state  board  of  agriculture,  such  building  or  other  structure 
shall  be  under  the  sole  control  and  direction  of  the  directors  of  the  state 
board  of  agriculture  the  same  as  other  buildings  in  said  state  fair 
grounds,  and  shall  be  maintained  by  the  state  of  California  a^  an  in- 
tegral portion  of  the  said  state  fair  grounds. 

ACT  69. 

Citations.     App.  9/233. 


Acts  76,  77  GENERAL,  LAWS.  842 

ACT  76. 

An  act  to  provide  for  the  improvement  of  the  cereal  crops  of  California, 

and    appropriate    money    therefor. 

[Approved   April   21,    1911.     Stats.    1911,   p.    1051.] 

University  to  make  experiments  for  improvement  of  cereals.  Results  to 
be  published. 
§  1.  The  governor  of  the  state  of  California  is  hereby  directed,  and 
it  is  hereby  made  his  duty  to  cause  to  be  made  under  the  supervision  and 
direction  of  the  director  of  the  agricultural  experiment  station  of  the 
University  of  California,  such  investigations  and  experiments  as  he  may 
deem  best  for  the  purpose  of  discovering  and  making  known  such  im- 
proved methods  of  cereal  culture  in  the  state  of  California  as  will  in- 
crease the  yield  of  cereals  in  said  state,  and  increase  the  percentage  of 
gluten  in  said  cereals,  or  otherwise  improve  the  quality  thereof.  The 
said  governor  shall  have  the  exclusive  charge  and  control  of  all  moneys 
appropriated  hereby,  to  be  used  in  employing  such  expert  and  scientific 
assistants  as  he  may  deem  necessary,  and  for  the  paying  of  the  ex- 
penses of  carrying  on  the  experiments  herein  provided  for.  He  shall 
from  time  to  time  publish  the  results  of  such  experimental  and  investi- 
gational work  as  may  have  been  done,  for  general   distribution. 

Appropriation. 

§  2.  The  sum  of  fifteen  thousand  dollars,  or  so  much  thereof  as  may 
be  necessary,  is  hereby  appropriated  out  of  any  moneys  in  the  state 
treasury  not  otherwise  appropriated,  to  be  paid  to  the  governor  to  be 
used  for  the  purpose  of  this  act,  one-half  thereof  to  be  expended  during 
the  sixty-third  fiscal  year,  and  one-half  thereof  to  be  expended  during 
the  sixty-fourth  fiscal  year,  and  the  controller  is  hereby  directed  to  draw 
his  warrant  on  the  general  fund  from  time  to  time  for  such  proportion 
of  said  sum  of  fifteen  thousand  dollars,  and  in  favor  of  such  persons  as 
the  governor  shall  direct;  and  the  state  treasurer  ia  hereby  empowered 
and  directed  to  pay  the  same. 

§  3.  This  act  is  exempted  from  the  provisions  of  section  672  of  the 
Political  Code. 

§  4.  This  act  shall  take  effect  and  be  in  force  from  and  after  the 
date  of  its  passage. 

ACT  77. 

An  act  providing  for  the  investigation  of  the  nature  and  means  of  con- 
trol of  destructive  diseases  of  cultivated  plants  in  those  portions  of 
the  state  not  benefited  by  the  Southern  California  Pathological 
Laboratory,  and  making  an  appropriation  therefor. 

[Approved  April  21,  1911.     Stats.  1911,  p.  1052.] 


843  AGRICULTURE.  Act  78,  §  1 

■  University  to  maintain  laboratory  for  investigating  diseases  of  trees 
and  plants. 
§  1.  The  regents  and  the  president  of  the  University  of  California 
are  hereby  directed  to  maintain,  in  connection  with  the  agricultural  ex- 
periment work  of  the  university  in  those  portions  of  the  state  not  bene- 
fited by  the  Southern  California  Pathological  Laboratory,  a  scientific 
station  or  laboratory  with  the  necessary  equipment  for  the  investiga- 
tion of  the  nature  and  means  of  control  of  injurious  and  destructive 
diseases   of  cultivated  trees,  plants   and   crops. 

Pear  blight,  etc.    Information  to  growers. 

§  2.  They  are  directed  to  make  or  cause  to  be  made  investigations  of 
such  troubles  as  pear  blight,  peach  blight,  olive  knot,  apricot  failures, 
pear  scab,  apple  diseases,  root  rot,  root  knot,  diseases  of  tomatoes,  pota- 
toes, asparagus,  onions,  and  other  vegetables,  and  such  other  plant 
diseases  as  may  be  called  to  their  attention.  They  shall  also  furnish 
information  and  practical  demonstration  to  the  growers  of  these  crops 
as  to  the  best  means  of  control  of  such  diseases. 

Appropriation. 

§  3.  The  sum  of  fifteen  thousand  dollars  is  hereby  appropriated  out 
of  any  money  in  the  state  treasury  not  otherwise  appropriated  to  be  ex- 
pended by  the  regents  of  the  University  of  California  in  carrying  out 
the  purposes  of  this  act  and  the  state  controller  is  herebj'  authorized  and 
directed  to  draw  his  warrant  for  the  same,  payable  to  the  regents  of  the 
University  of  California,  and  the  treasurer  of  the  state  is  hereby  di- 
rected to  pay  such  warrant. 

I     §  4.     This  act  is  hereby  exempted  from  the  provisions  of  section  672 
of  the  Political  Code. 

ACT    78. 

An  act  authorizing  and  directing  the  directors  of  the  State  Agricultural 
Society  to  plow,  check  and  plant  the  infield,  grade  and  gravel  walks 
and  drives,  park  the  grounds,  improve  the  system  of  fire  protection, 
and  construct  public  conveniences  on  the  state  fair  grounds,  at  Agri- 
cultural Park,  near  the  city  of  Sacramento,  state  of  California,  and 
making  an   appropriation   therefor. 

[Approved  April  21,  1911.     Stats.  1911,  p.  1061.] 

Agricultural  Society  to  make  improvements. 

§  1.  The  directors  of  the  State  Agricultural  Society  are  hereby  au- 
thorized and  directed  to  make  the  necessary  arrangements,  either  by 
day's  work  or  by  contract,  subject  to  the  approval  of  the  state  engi- 
neer and  pursuant  to  the  law  governing  such  work,  for  plowing  and 
cheeking  what  is  known  as  the  infield,  or  the  ground  inside  of  the  race 
course,  at  Agricultural  Park,  near  the  city  of  Sacramento,  state  of  Cali- 
fornia, and  planting  same   with   somQ  suitable   forage   that   will  remain 


h  Si 


GENERAL   LAWS.  844 


green;  for  grading  and  graveling  suitable  walks  and  drives  in  said 
Agricultural  Park;  for  planting  trees  and  lawns,  and  caring  for  the 
same;  for  improving  the  system  of  fire  protection,  and  for  the  erection 
of  public  conveniences  and  generally  improving  and  beautifying  said 
grounds  for  the  accommodation  and  attraction  of  the  visiting  public, 
all  within  the  limit  of  the  fund  available. 

Appropriation. 

§  2.  For  the  purpose  of  carrying  out  the  provisions  of  this  act,  the 
sum  of  ten  thousand  dollars  is  hereby  appropriated  out  of  any  money 
in  the  state  treasury  not  otherwise  appropriated,  and  the  state  con- 
troller is  hereby  directed  to  draw  his  warrant  from  time  to  time  to  tl 
full  amount  of  this  appropriation,  in  favor  of  the  person  or  person - 
authorized  by  law  to  receive  the  same,  and  the  state  treasurer  is  hereby 
directed  to  pay  the  same. 

§  3.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Citations.     Cal.  162/650. 

ACT  78a. 

An  act  authorizing  and  directing  the  directors  of  the  State  Agricultural 
Society  to  construct  on  the  state  fair  grounds,  at  Agricultural  Park, 
near  the  city  of  Sacramento,  state  of  California,  a  dairy  building 
and  dairy  barns,  providing  for  their  equipment  and  making  an  ap- 
propriation therefor. 

[Approved  April  21,  1911.     Stats.  1911,  p.  1062.] 

Agricultural  Society  to  erect  dairy  building. 

§  1.  The  directors  of  the  State  Agricultural  Society  are  hereby  au- 
thorized and  directed  to  make  the  necessary  arrangements,  either  by 
day's  work  or  by  contract,  subject  to  the  approval  of  the  state  engineer, 
and  pursuant  to  the  general  law  governing  such  work,  for  the  erection 
on  the  state  fair  grounds,  at  Agricultural  Park,  near  the  city  of 
Sacramento,  state  of  California,  of  a  structure  to  be  known  as  the  dairy 
building,  the  same  to  be  designed  and  equipped  so  as  to  accommodate 
the  display  of  all  dairy  machinery,  dairy  appliances  and  dairy  products, 
and  for  the  erection  at  said  park  of  barns  suitable  for  the  display  or 
exhibition  of  dairy  cattle,  all  to  have  such  facilities  and  accommodations 
as  will  render  them  suitable  and  convenient  for  the  purpose  intended, 
and  all  within  the  limit  of  the  fund  available. 

Appropriation. 

§  2.  For  the  purpose  of  carrying  out  the  provisions  of  this  act,  the 
sum  of  thirty  thousand  ($30,000)  dollars  is  hereby  appropriated  out  of 
any  money  in  the  state  treasury  not  otherwise  appropriated,  and  the 
state   controller   is   hereby   directed   to   draw   his   warrant   from   time   to 


845  AGRICULTURE.  Acts  78b,  78c 

time  to  the  full  amount  of  this  appropriation,  in  favor  of  the  person  or 
persons  authorized  by  law  to  receive  the  same,  and  the  state  treasurer 
is  hereby  directed  to  pay  the  same. 

§  3.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

ACT  78b. 

An  act  to  provide  for  the  employment  of  an  expert  in  agriculture  and 
matters  relating  thereto  by  the  governing  boards  of  irrigation, 
reclamation  and  drainage  districts. 

[Approved   April   23,   1913.     Stats.   1913,   p.   75.] 

Expert  in  agriculture  for  irrigation  districts. 

§  1.  The  board  of  directors,  board  of  trustees  or  other  governing 
body  of  any  irrigation,  reclamation  or  drainage  district  organized  and 
existing  under  the  laws  of  the  state  of  California  is  hereby  authorized 
to  employ  an  expert  in  agriculture  and  matters  relating  thereto,  and 
such  assistants  as  may  be  deemed  necessary  to  supervise  the  construc- 
tion of  works  for  the  irrigation  or  protection  of  lands  within  the  dis- 
trict to  advise  with  the  owners  of  lands  within  the  district,  or  any 
other  persons  engaged  in  farming  such  lands,  as  to  methods  of  increas- 
ing the  productiveness  of  such  lands  as  to  the  kinds  of  crops  to  be 
raised  or  as  to  any  matters  of  husbandry,  and  to  conduct  such  experi- 
ments and  perform  such  other  duties  for  the  general  welfare  of  the 
people  of  their  district  as  the  board  may  prescribe. 

ACT  78c. 

An  act  authorizing  the  appointment  of  two  deputies  from  California 
as  members  of  a  commission  which  is  to  investigate  European 
systems  of  rural  credits  and  report  thereon,  and  making  an  appro- 
priation  therefor. 

[Approved   April   18,   1913.     Stats.    1913,   p.   36.] 

Rural  credits. 

Whereas.  Under  the  auspices  of  the  southern  commercial  congress 
a  commission  composed  of  two  delegates  from  each  state  is  to  be  sent 
to  Europe,  during  1913,  to  study  systems  of  rural  credit  and  co-opera- 
tive  agricultural  societies,   and 

Whereas,  Said  commission  is  to  embody  the  result  of  its  investi- 
gations in  a  report  with  a  view  of  establishing  in  this  country  a  system 
of  agricultural  finance  and  rural   credits,   and 

Whereas,  The  congress  of  the  United  States  has  duly  approved  the 
project  of  sending  said  commission  to  Europe,  and 

Whereas,  It   is   eminently   fitting  that   delegates   should   be   sent   from 
California  to  take  part  in  the  work  of  the  commission  with  a  view  to 
aiding   the   farmers    of    our   state,   therefore. 
The  people   of  the   state   of   California  do   enact  as  follows: 


Acts  85,  86  GENERAL   LAWS.  846 

Delegates. 

§  1.  The  governor  is  authorized  to  appoint  two  delegates  from  Cali- 
fornia who  shall  take  part  in  the  commission  which,  under  the  auspices 
of  the  southern  commercial  congress,  is  to  visit,  during  1913,  the  various 
countries  of  Europe  and  there  investigate  the  different  systems  of  en- 
operative  agricultural  societies  and  rural  credits  and  to  report  thereon 
with  a  view  to  establishing  in  this  country  a  sound  system  of  rural 
credits   and   agricultural  finance. 

Appropriation. 

§  2.  The  sum  of  three  thousand  dollars,  or  so  much  thereof  as 
may  be  necessary,  is  hereby  appropriated  to  pay  the  expenses,  traveling 
and  otherwise,  of  said  delegates  while  serving  as  members  of  the  said 
commission,  and  the  state  controller  is  hereby  authorized  to  draw  his 
warrant  for  the  san;e  in  favor  of  the  commission  hereunder  appointed 
and  the  state  treasurer  is  directed  to  pay  the  same. 

TITLE    11. 

ALAMEDA    CITY. 
ACT  85. 

Charter  of.     (Stats.  1907,  p.   10.51.] 
Amended    1913,    pp.    1454,    1720. 

ACT  86. 

An  act  granting  to  the  city  of  Alameda  the  salt  marsh,  tide  and  sub- 
merged lands  of  the  state  of  California,  including  the  right  to 
wharf  out  therefrom  to  the  city  of  Alameda,  and  regulating  the 
management,   use   and   control   thereof. 

[Approved  -Tune   11,   1913.     Stats.   1913,  p.   707.] 

Tide  lands  granted  to  Alameda. 

§  1.  There  is  hereby  granted  to  the  city  of  Alameda,  a  municipal 
corporation  of  the  state  of  California,  and  to  its  successors,  all  the 
right,  title  and  interest  of  the  state  of  California,  held  by  said  stat^ 
by  virtue  of  its  sovereignty,  in  and  to  all  the  salt  marsli.  tide  and 
submerged  lands,  whether  filled  or  unfilled,  within  the  present  boundaries 
of  said  city,  and  situated  below  the  line  of  mean  high  tide  of  the  Pacific 
Ocean,  or  of  any  harbor,  estuary,  bay  or  inlet  within  said  boundaries, 
to  be  forever  held  bj'  said  city,  and  by  its  sui-<-es.sors,  in  trust  tor 
the  uses  and  purposes,  and  upon  the  express  conditions  following,  to 
wit: 

Conditions  of  grant.     Franchises  for  wharves,  etc.     Persons  in  possession 

to   have   first  right. 

That  said  lands  shall  be  used  by  said   city  and  its  successors,  solely 

for   the   establishment,   improvement   and   conduct   of   a   harbor,   and   for 

the  construction,  maintenance  and  operation  thereon  of  wharves,  docks. 


847  ALAMEDA   CITY.  Act  86,  §  1 

piers,  slips,  quays,  and  other  utilities,  structures  and  appliances  neces- 
sary or  convenient  for  the  promotion  and  accommodation  of  commerce 
and  navigation,  and  said  city,  or  its  successors,  shall  not,  at  any  time, 
grant,  convey,  give  or  alien  said  lands,  or  any  part  thereof,  to  any 
individual,  firm  or  corporation  for  any  purpose  whatever;  provided, 
that  said  city,  or  its  successors,  may  grant  franchises  thereon,  for  lim- 
ited periods,  for  wharves  and  other  public  uses  and  purposes,  and 
may  lease  said  lands,  or  any  part  thereof,  for  limited  periods,  for 
purposes  consistent  with  the  trusts  upon  which  said  lands  are  held  by 
the  state  of  California  and  with  the  requirements  of  commerce  or 
navigation  at  said  harbor,  for  a  term  not  exceeding  twenty-five  years, 
and  on  such  other  terms  and  conditions  as  said  city  may  determine, 
including  a  right  to  renew  such  lease  or  leases  for  a  further  term 
not  exceeding  twenty-five  years  or  to  terminate  the  same  on  such 
terms,  reservations  and  conditions  as  may  be  stipulated  in  such  lease 
or  leases,  and  said  lease  or  leases  may  be  for  any  and  all  purposes  which 
shall  not  interfere  with  navigation  or  commerce,  with  reversion  to  the 
said  city  on  the  termination  of  such"  lease  or  leases  of  any  and  all  im- 
provements thereon,  and  on  such  other  terms  and  conditions  as  the  said 
city  may  determine,  but  for  no  purpose  which  will  interfere  with  navi- 
gation or  commerce;  subject  also  to  a  reservation  in  all  such  leases 
or  such  wharfing  out  privileges  of  a  street,  or  of  such  other  reservation 
as  the  said  city  may  determine  for  sewer  outlets,  and  for  gas  and 
oil  mains,  and  for  hydrants,  and  for  electric  cables  and  wires,  and  for 
such  other  conduits  for  municipal  purposes,  and  for  such  public  and 
municipal  purposes  and  uses  as  may  be  deemed  necessary  by  the  said 
citj';  provided,  however,  that  each  person,  firm  or  corporation  or  their 
heirs,  successors  or  assigns  now  in  possession  of  land  or  lands  abut- 
ting on  said  lands,  within  the  boundaries  of  the  city  of  Alameda, 
shall  have  a  right  to  obtain  a  lease  for  a  term  of  twenty-five  years 
from  said  city  of  said  land  and  wharfing  out  privileges  therefrom 
with  a  right  of  renewal  for  a  further  term  of  twenty-five  years  pur- 
suant to  the  provisions  of  this  act  and  on  such  terms  and  condi- 
tions as  said  city  may  determine  and  specify,  subject  to  the  right  of 
said  city  to  terminate  said  lease  at  the  end  of  the  first  twenty- 
five  years  or  refuse  to  renew  the  same,  or  to  terminate  the  lease  so 
renewed  during  the  term  of  such  renewed  lease  on  such  just  and  rea- 
sonable terms  for  compensation  for  improvements  at  the  then  value 
of   said    improvements    as   said   city   may    determine    and   specify. 

Quitclaim  to  city. 

Upon  obtaining  such  lease  and  wharfing  out  privileges  such  person, 
firm  or  corporation,  their  heirs  or  assigns,  shall  quitclaim  to  said  city 
any  right  they  or  any  of  them  may  claim  or  have  to  the  said  lands 
hereby  granted. 

This  grant  shall  carry  the  right  to  such  city  of  the  rents,  issues  and 
profits  in  any  manner  hereafter  arising  from  the  lands  or  wharfing 
out  privileges  hereby  granted. 


Act  128  GENERAL   LAWS.  848 

Eight  to  use  wharves  reserved  to  state. 

The  state  of  California  shall  have,  at  all  times,  the  right  to  use. 
without  charge,  all  wharves,  docks,  piers,  slips,  quaj-s  aud  other  improve- 
ments constructed  on  said  lands  or  any  part  thereof,  for  any  vessel 
or  other  water  craft,  or  railroad,  owned  or  operated  by  the  state  of 
California. 

No  discrimination  in  rates. 

No  discrimination  in  rates,  tolls  or  charges  or  in  facilities  for  any 
use  or  service  in  connection  therewith  shall  ever  be  made,  authorized 
or  permitted  by  said  city  or  its  successors  in  the  management,  conduct 
or  operation  of  any  of  the  utilities,  structures  or  appliances  mentioned 
in  this  section. 

Right  to  fish  reserved. 

There  is  hereby  reserved  in  the  people  of  the  state  of  California  the 
right  to  fish  in  the  waters  on  which  said  lands  may  front  with  the 
right  of  convenient  access  to  said  waters  over  said  lands  for  said  pur- 
pose. 

Must  expend  two  hundred  thousand  dollars  within  five  years.  Lands 
may  revert  to  state. 
§  2.  The  foregoing  conveyance  is  made  upon  the  condition  that  the 
city  of  Alameda  shall,  within  five  years  from  the  approval  of  this  act, 
exclusive  of  such  time  as  said  city  may  be  restrained  from  so  doing 
by  injunction  issued  out  of  any  court  of  this  state  or  of  the  United 
States,  and  exclusive  of  such  further  delay  as  may  be  caused  by  un- 
avoidable misfortune  or  great  public  or  municipal  calamity,  issue  its 
bonds  for  harbor  improvement  purposes  in  an  amount  of  money  of  not 
less  than  two  hundred  thousand  dollars,  and  shall,  within  five  years 
after  the  approval  of  this  act,  exclusive  of  the  time  in  this  section 
hereinbefore  mentioned,  commence  the  work  of  such  harbor  improve- 
ment, and  the  said  work  and  improvement  shall  be  prosecuted  with 
such  diligence  that  not  less  than  two  hundred  thousand  dollars  shall 
be  expended  thereon  within  five  years  from  the  approval  of  this  act 
exclusive  of  the  time  in  this  section  hereinbefore  mentioned.  If  said 
bonds  be  not  issued  or  said  work  be  not  prosecuted  and  completed  as 
and  in  the  manner  herein  provided,  then  the  lands  by  this  act  con- 
veyed to  the  city  of  Alameda  shall  revert  to  the  state  of  California. 

TITLE  11. 

ALIENS. 

ACT  128. 

An  act  relating  to  the  rights,  powers  and  disabilities  of  aliens  and  of 
certain  companies,  associations  and  corporations  with  resi>ect  to 
property  in  this  state,  providing  for  escheats  in  certain  cases,  pre- 


849  .  ALIENS.  Act  128,  §§1-5 

scribing  the   properliire   therein,   and   repealing   all   acts   or   parts   of 
acts  inconsistent  or  in  conflict  herewith. 

[Approved  May  19,  1013.     Stats.  1913,  p.  206.] 

Ownership  of  land  by  aliens. 

§  1.  All  aliens  eligible  to  citizenship  under  the  laws  of  the  United 
States  may  acquire,  possess,  enjoy,  transmit  and  inherit  real  property, 
or  any  interest  therein,  in  this  state,  in  the  same  manner  and  to  tlie 
same  extent  as  citizens  of  the  United  States,  except  as  otherwise 
provided  by  the  laws  of  this  state. 

Right  to  acquire  and  lease  lands. 

§  2.  All  aliens  other  than  those  mentioned  in  section  1  of  this 
act  may  acquire,  possess,  enjoy  and  transfer  real  property,  or  any 
interest  therein,  in  this  state,  in  the  manner  and  to  the  extent  and  for 
the  purposes  prescribed  by  any  treaty  now  existing  between  the  govern- 
ment of  the  United  States  and  the  nation  or  country  of  which  such  alien 
is  a  citizen  or  subject,  an^  not  otherwise,  and-  may  in  addition  thereto 
lease  lands  in  this  state  for  agricultural  purposes  for  a  term  not  ex- 
ceeding three  years. 

Corporations,  majority  of  members  aliens,  may  acquire  and  lease  lands. 

§  3.  Any  company,  association  or  corporation  organized  under  the  laws 
of  this  or  any  other  state  or  nation,  of  which  a  majority  of  the  mem- 
bers are  aliens  other  than  those  specified  in  section  1  of  this  act,  or 
in  which  a  majority  of  the  issued  capital  stock  is  owned  by  such  aliens, 
may  acquire,  possess,  enjoy  and  convey  real  property,  or  any  interest 
therein,  in  this  state,  in  the  manner  and  to  the  extent  and  for  the 
purposes  prescribed  by  any  treaty  now  existing  between  the  govern- 
ment of  the  United  States  and  the  nation  or  country  of  which  such 
members  or  stockholders  are  citizens  or  subjects,  and  not  otherwise, 
and  may  in  addition  thereto  lease  lands  in  this  state  for  agricultural 
purposes  for  a  term  not  exceeding  three  years. 

Probate  court  may  order  lands  sold. 

§  i.  Whenever  it  appears  to  the  court  in  any  probate  proceeding 
that  by  reason  of  the  provisions  of  this  act  any  heir  or  devisee  cannot 
take  real  property  in  this  state  which,  but  for  said  provisions,  said  heir 
or  devisee  would  take  as  such,  the  court,  instead  of  ordering  a  dis- 
tribution of  such  real  property  to  such  heir  or  devisee,  shall  order  a 
sale  of  said  real  property  to  be  made  in  the  manner  provided  by  law 
for  probate  sales  of  real  property,  and  the  proceeds  of  such  sale  shall 
be  distributed  to  such  heir  or  devisee  in  lieu  of  such  real  property. 

Lands  illegally  acquired  to  escheat  to  state. 

§  5.     Any  real  property  hereafter  acquired  in  fee  in  violation  of  the 
provisions  of  this  act  by  any  alien  mentioned  in  section  2  of  this  act,  or 
by  any  company,  association   or  corporation,  mentioned  in  section   3   of 
54 


Act  193  GENERAL   LAWS.  850 

this  act,  shall  escheat  to,  and  become  and  remain  the  property  of  the 
state  of  California.  The  attorney  general  shall  institute  proceedings 
to  have  the  escheat  of  such  real  property  adjudged  and  enforced  in 
the  manner  provided  by  section  474  of  the  Political  Code  and  title  ?, 
part  3  of  the  Code  of  Civil  Procedure.  Upon  the  entry  of  final  .iudg- 
ment  in  such  proceedings,  the  title  to  such  real  property  shall  pass  to 
the  state  of  California.  The  provisions  of  this  section  and  of  sections 
2  and  3  of  this  act  shall  not  apply  to  any  real  property  hereafter 
acquired  in  the  enforcement  or  in  satisfaction  of  any  lien  now  existing 
upon,  or  interest  in  such  property,  so  long  as  such  real  property  so 
acquired  shall  remain  the  property  of  the  alien  company,  association 
or  corporation  acquiring  the  same  in  such  manner. 

Leasehold  illegally  acquired  to  escheat  to  state. 

§  6.  Any  leasehold  or  other  interest  in  real  property  less  than  the 
fee,  hereafter  acquired  in  violation  of  the  provisions  of  this  act  by  any 
alien  mentioned  in  section  2  of  this  act,  or  by  any  company,  association 
or  corporation  mentioned  in  section  3  of  thij  act,  shall  escheat  to  the 
state  of  California.  The  attorney  general  shall  institute  proceedings 
to  have  such  escheat  adjudged  and  enforced  as  provided  in  section  5 
of  this  act.  In  such  proceedings  the  court  shall  determine  and  adjudge 
the  value  of  such  leasehold,  or  other  interest  in  such  real  property, 
and  enter  judgment  for  the  state  for  the  amount  thereof  together  with 
costs.  Thereupon  the  court  shall  order  a  sale  of  the  real  property  cov- 
ered by  such  leasehold,  or  other  interest,  in  the  manner  provided  by 
section  1271  of  the  Code  of  Civil  Procedure.  Out  of  the  proceeds  aris- 
ing from  such  sale,  the  amount  of  the  judgment  rendered  for  the  state 
shall  be  paid  into  the  state  treasury  and  the  balance  shall  be  deposited 
with  and  distributed  by  the  court  in  accordance  with  the  interest  of  the 
parties   therein. 

Act  not  limit  on  power  of  state. 

§  7.  Nothing  in  this  act  shall  be  construed  as  a  limitation  upon  the 
power  of  the  state  to  enact  laws  with  respect  to  the  acquisition,  hold- 
ing or  disposal  by  aliens  of  real  property  in  this  state. 

§  8.  All  acts  and  parts  of  acts  inconsistent,  or  in  conflict  with  the 
provisions  of  this  act,  are  hereby  repealed. 

TITLE  22. 
ANIMALS. 
ACT  193. 

An  act  to  prevent  the  importation  of  neat  cattle  for  dairy  or  breeding 
purposes    affected    with    tuberculosis    into    the    state    of    California. 
[Approved  March  7,  1911.     Stats.  1911,  p.  292.] 
Repealed  June  4,   1913    (Stats.  1913,  p.  380).      See  Act   196,  post. 


851  ANIMALS.  Aets  194.  195 

ACT  194. 

An   act  to   prevent  the   importation   of  horses,  mules   and   asses  affected 
with   glanders    into    the   state    of    California.     [Approved   March    7, 
1911.     Stats.  1911,  p.  293.] 
Repealed  June   4,    1913    (Stats.    1913,    p.   380).      See   Act    196,   post. 

ACT  195. 

An    act    to    provide    for    the    preparation    and    distribution    of    serums    or 
vaccines  for  the  prevention  of  the  disease  known  as  cholera  in  hogs 
in  the  state  of  California,  making  an  appropriation  therefor  and  pre- 
scribing the  duties  of  the  controller  and  treasurer  in  relation  thereto. 
[Approved  April   21,   1911.     Stats.    1911,   p.    1064.] 

University  to  prepare  hog  cholera  seriims. 

§  1.  The  regents  of  the  University  of  California  are  hereby  directed 
to  cause  to  be  prosecuted  with  all  possible  diligence,  through  the  agri- 
cultural experiment  station,  the  preparation  of  serums  or  vaccines  that 
will  produce  immunity  in  hogs  against  the  disease  known  as  cholera. 

Serums  to  be  furnished  free. 

§  2.  The  regents  of  the  University  of  California  are  hereby  further 
authorized  and  directed  to  furnish  such  serums  or  vaccines,  in  quantities 
not  exceeding  five  hundred  cubic  centimeters,  as  soon  as  possible  after 
this  act  takes  effect  free  of  charge  to  any  bona  fide  resident  of  the  state 
of  California  who  is  engaged  in  the  raising  of  hogs,  upon  application  by 
such  resident  hog  raiser. 

In  excess  of  five  hundred  cubic  centimeters  at  cost. 

§  3.  The  regents  of  the  University  of  California  are  al^o  hereby  fur- 
ther authorized  and  directed  to  furnish  to  any  bona  fide  resident  of  this 
state,  who  is  engaged  in  the  raising  of  hogs,  such  serums  or  vaccines  in 
quantities  in  excess  of  five  hundred  cubic  centimeters,  upon  the  appli- 
cant paying  therefor  the  actual  cost  of  the  production  of  such  serums  or 
vaccines. 

To  owners  only  whose  hogs  are  sick  or  in  danger. 

§  i.  It  is  ierewith  provided  that  no  serums  or  vaccines  shall  be 
furnished  free  of  charge  to  anyone  unless  the  applicant  shall  have  first 
furnished  sufficient  evidence  that  the  disease  known  as  cholera  exists 
among'  his  hogs  or  among  the  hogs  in  his  immediate  neighborhood,  and 
in  such  latter  case  evidence  shall  be  furnished  by  said  applicant  that 
there  is  danger  of  the  disease  being  communicated  to  the  applicant's 
hogs. 

Selling,  etc.,  a  misdemeanor. 

§  5.  Any  person  who  shall  sell,  give  away  or  misuse  any  of  the  serums 
so  furnished  shall,  upon  conviction  thereof,  be  deemed  guilty  of  a  misde- 
meanor, and  be  punished  as  in  such  cases  provided  by  law. 


Act  196,  §  1  GENERAL   LAWS.  852 

Assistance,  etc. 

§  6.  The  director  of  the  agricultural  experiment  station  shall  obtain 
and  establish  such  assistance,  equipment,  materials,  appliances,  appara- 
tus and  other  necessary  incidentals  as  may  be  necessary  to  the  successful 
prosecution  of  this  work  within  the  appropriation  herein  specified. 

Appropriation. 

§  7.  The  sum  of  sixteen  thousand  ($16,000)  dollars  is  hereby  appro- 
priated out  of  any  money  in  the  state  treasury  not  otherwise  appropri- 
ated, six  thousand  ($6,000)  dollars  of  which  shall  be  available  for  the 
•  balance  of  the  sixty-second  fiscal  year  and  ten  thousand  ($10,000)  dol- 
lars of  which  shall  be  available  during  the  sixty-third  and  sixty-fourth 
fiscal  years  for  the  use  of  said  experiment  station  to  be  expended  by  the 
regents  of  the  University  of  California  in  carrying  out  the  purposes  of 
this  act,  and  the  state  controller  is  hereby  authorized  and  directed  to 
draw  his  warrant  for  the  same,  and  the  state  treasurer  is  hereby  directed 
to  pay  such  warrant. 

Disposition  of  funds. 

§  8.  All  money  appropriated  under  this  act.  and  all  money  received 
for  the  sale  of  said  serums  or  vaccines  as  provided  for  in  section  3  of 
this  act,  shall  be  paid  to  the  regents  of  the  University  of  California, 
and  shall  be  expended  under  the  direction  of  the  director  of  the  agri- 
cultural experiment  station  of  said  university  for  the  specific  purposes 
herein  named. 

ACT  196. 

An  act  to  prevent  the  importation  into  the  state  of  California  of  horses, 
mules,   asses,    or   cattle   which    are    affected    with   any    infectious   or 

'  contagious  disease;  to  provide  for  the  inspection  of  such  animals 
before  they  are  brought  into  the  state;  to  repeal  an  act  entitled, 
"An  act  to  prevent  the  importation  of  neat  cattle  for  dairy  or 
breeding  purposes  affected  with  tuberculosis  into  the  state  of  Cali- 
fornia," approved  March  7,  1911;  to  repeal  an  act  entitled.  ".\n 
act  to  prevent  the  importation  of  horses,  mules  and  asses  affected 
with  glanders  into  the  state  of  California,"  approved  March  7,  1911. 
[Approved  June  4,  1913.     Stats.  1913,  p.  379.] 

Importation    of    diseased    stock    prohibited.     Cattle    over    six    months. 

Exhibition  cattle.     Sale  of  exhibition  cattle.     Certificate  signed  by 

owner. 
§  1.  It  shall  be  unlawful  for  any  person,  firm,  company  or  corpora- 
tion, their  agents  and  servants,  to  bring  into  the  state  of  California 
any  horses,  mules,  asses,  or  cattle,  unless  such  animals  have  been  ex- 
amined and  found  free  from  infectious  or  contagious  diseases,  whi>^h 
freedom  from  disease  shall  be  established  by  a  certificate  of  health 
signed   by    a    regularly    qualified    and    practicing    veterinarian    who    is    a 


853  ANIMALS.  Act  196,  §  1 

graduate  of  a  duly  recognized,  and  accredited  veterinary  college  of 
good  standing;  provided,  however,  that  in  case  of  cattle  over  six  months 
of  age  intended  to  be  used  for  dairy  or  breeding  purposes,  said  cer- 
tificate of  health  shall  also  state  and  certify  that  each  individual  ani- 
mal thereof  has  been  personally  and  carefully  inspected  and  subjected 
to  a  physical  and  clinical  examination  and  also  subjected  to  the  tuber- 
culin test,  and  that  each  individual  animal  thereof  has  been  found 
free  from  any  suspicious  symptoms  of  tuberculosis,  or  of  any  infectious 
or  contagious  disease  other  than  tuberculosis,  and  also  that  each  indi- 
vidual animal  thereof  failed  to  react  to  the  tuberculin  test.  Said  certifi- 
cate shall  also  include  a  complete  temperature  record  of  each  animal  during 
the  period  while  undergoing  the  tuberculin  test.  This  certificate  of  health 
and  tuberculin  test  record,  as  provided  for  in  this  act,  shall  be  in  duplicate, 
one  copy  of  which  must  be  attached  to  the  waybill  of  the  shipment; 
and  the  other  copy  shall  be  forwarded  to  the  state  veterinarian  of  the 
state  of  California  on  the  day  the  shipment  is  made;  provided,  further, 
that  any  person,  firm,  company  or  corporation,  their  agents  and  ser- 
vants, wishing  to  bring  cattle  into  the  state  of  California  for  exhibi- 
tion at  fairs,  may,  by  making  application  to  the  state  veterinarian 
of  the  state  of  California,  receive  permission  to  bring  such  cattle  into 
the  state  of  California  for  such  purpose  without  the  tuberculin  test  as 
provided  for  herein,  but  in  all  such  cases  said  permit  must  be  attached 
to  the  waybill  accompanying  the  shipment  of  such  cattle;  and  pro- 
vided further,  that  in  case  any  of  such  exhibition  cattle  are  sold  to 
remain  in  the  state  of  California,  they  must  be  subjected  to  the  tuber- 
culin test  and  proved  free  from  tuberculosis  before  being  delivered 
to  the  purchaser.  It  is  further  provided  that  cattle  may  be  brought 
into  the  state  of  California  for  the  purpose  of  slaughter  for  food,  as 
well  as  for  the  purpose  of  fattening  for  such  slaughter,  without  a  cer- 
tificate of  inspection  or  tuberculin  testing,  except  as  may  be  otherwise 
provided.  In  every  case  where  cattle  are  being  brought  into  the  state 
except  as  hereinbefore  provided  there  shall  also  be  attached  to  said 
certificate  of  health  a  certificate  signed  by  the  owner,  or  the  consignor 
or  shipper,  certifying  that  no  one  of  such  animals  had  previously  re- 
acted to  the  tuberculin  test  within  three  months  last  past  and  that 
no  one  of  such  animals  had  been  subjected  to  any  other  treatment 
designed  to  negative  the  action  of  the  tuberculin  test,  and  in  every 
case  where  said  cattle  are  brought  into  the  state  of  California  for 
the  purpose  of  slaughter  for  food,  or  for  the  purpose  of  fattening 
for  such  slaughter,  a  certificate  signed  by  the  owner  shall  be  attached 
to  said  waybill  accompanying  said  shipment,  stating  correctly  the  pur- 
pose for  which  said  cattle  are  to  be  used  and  where  and  by  whom 
they  are  to  be  so  used;  and  it  shall  be  unlawful  for  any  person, 
firm  or  corporation  to  make  any  false  or  incorrect  statement  as  to 
any  of  the  matters  herein  required  to  be  set  forth  in  said  certifi- 
cate and  if  said  certificate  be  attached  to  said  waybill  it  shall  relieve 
any   transportation   company,   its   agents    and   employees  from   the   pen- 


Act  196a,  §  1  GENERAL   LAWS.  854 

alties  prescribed  in  this  act,  if  said  cattle  should  be  brought  into  this 
state  for  purposes  other  than  as  set  forth  in  said  certificate. 

Penalty. 

§  2.  Any  person,  firm,  company  or  corporation,  their  agents,  servants 
and  employees,  that  shall  violate  any  of  the  provisions  of  this  act  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  punished  by  a  fine  of  not  less  tlian  fifty  dollars,  nor  more  than 
five  hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  a  term 
not  exceeding  one  hundred  and  eighty  days,  or  by  both  such  fine  and 
imprisonment. 

Repealed. 

§  3.  That  certain  act  of  the  legislature  of  the  state  of  California 
entitled,  ''An  act  to  prevent  the  importation  of  neat  cattle  for  dairy 
or  breeding  purposes  affected  with  tuberculosis  into  the  state  of  Califor- 
nia," approved  March  7,  1911,  is  hereby  expressly  repealed. 

Repealed. 

§  4.  That  certain  act  of  the  legislature  of  the  state  of  California, 
entitled,  "An  act  to  prevent  the  importation  of  horses,  mules  and 
asses  affected  with  glanders  into  the  state  of  California,"  approved 
March   7,   1911,  is  herebj-  expressly   repealed. 

§  5.  All  acts  and  parts  of  acta  in  conflict  with  the  provisions  of  this 
act  are  hereby  repealed. 

ACT  196a. 

An  act  to  prevent  the  introduction  of  rabies  or  other  animal  diseases 
dangerous  to  human  beings,  into  portions  of  the  state  not  infected; 
to  control  the  spread  of  such  diseases  after  introduction;  and  au- 
thorizing the  state  board  of  health  to  make  rules  and  regulations 
therefor. 

[Approved  June   13,   191.3.     Stats.    1913,   p.   783.] 

Quarantine    of    districts    infected    with    rabies.     Quarantine    defined. 

§  1.  Whenever  any  case  or  cases  of  rabies,  or  other  animal  diseases 
dangerous  to  the  health  of  human  beings  which  may  be  declared  by 
the  state  board  of  health  as  coming  under  the  provisions  of  this  act, 
shall  be  reported  as  existing  in  any  county,  city  and  county,  or  incor- 
porated city  or  town  in  the  state  of  California,  the  state  board  of 
health  shall  make,  or  cause  to  be  made  a  preliminary  investigation  as 
to  whether  such  disease  does  exist,  and  as  to  the  probable  area  of  the 
state  in  which  the  population  or  animals  are  thereby  emlangered.  If 
upon  such  examination  the  state  board  of  health  shall  find  that  any  of 
the  said  diseases  does  exist,  a  quarantine  shall  be  declared  against  all 
such  animals  as  may  be  designated  in  the  quarantine  order,  and  living 
within    the   area    specified    in    said    order.     Quarantine    shall    be    defined 


855  ANIMALS.  Act  196a,  §§  2-6 

for  the  purposes  of  this  act  as  meaning  the  strict  confinement,  upon 
the  private  premises  of  the  owners  under  restraint  by  leash  or  closed 
cage   or   paddock,   of   all   animals   specified   by   the   order. 

Board  of  health  to  investigate  extent  of  disease. 

§  2.  Following  the  order  of  quarantine  the  state  board  of  health 
shall  make  or  cause  to  be  made  a  thorough  investigation  as  to  the 
extent  of  the  disease,  the  probable  number  of  persons  and  animals  ex- 
posed, and  the  area  found  to  be  involved;  and  may  substitute  for  the 
quarantine  order  such  regulations  as  may  be  deemed  adequate  for  the 
control  of  the  disease  in  each  area. 

Enforcement  of  act. 

§  3.  It  shall  be  the  duty  of  all  peace  officers  and  boards  of  henltli 
to  carry  out  the  provisions  of  this  act.  During  the  period  for  which 
any  quarantine  order  is  in  force  all  officers  are  empowered  to  kill  or 
in  their  discretion  to  capture  and  hold  for  further  action  by  the  state 
board  of  health  or  its  representatives,  all  animals  in  a  quarantine  area, 
found  on  public  highways,  lands  and  streets,  or  not  held  in  restraint 
on  private  premises  as  specified  in  this  act. 

Officers  may  enter  private  premises. 

§  4.     All   proper   officials  within   the   meaning   of   this  act   are   hereby 

authorized  to  examine  and  enter  upon  all  private  premises  for  the  en- 
forcement of  this  act. 

Owners  violating  subject  to  arrest. 

§  5.  Any  owner,  or  other  person  in  the  possession  of  any  animal 
then  being  held  or  maintained  in  violation  of  the  provisions  of  this  act, 
shall  be  subject  to  arrest   on  the  charge  of  committing  a  misdemeanor. 

Rabies  treatment  fund  created. 

§  6.  For  the  purpose  of  providing  funds  to  pay  the  expenses  incurred 
in  connection  with  the  eradication  of  diseases  included  under  this  act, 
a  special  fund,  to  be  known  as  the  rabies  treatment  and  eradication 
fund,  is  hereby  created  for  each  county,  city  and  county,  or  incorpo- 
rated city  or  town  in  the  state  of  California.  All  moneys  collected  in 
accordance  with  the  following  procedure  shall  be  deposited  to  the 
credit  of  this  fund  with  the  treasurer  of  the  county,  city  and  county, 
or  incorporated  city  or  town;  provided,  that  funds  now  collected  from 
any  dog  tax  may  continue  to  be  collected  and  used  for  other  purposes 
specified   by   local   ordinances. 

Special  dog  tax, 

(a)  Upon  the  determination  by  the  state  board  of  health  that  rabies 
does  exist  in  any  county,  city  and  county,  or  incorporated  city  or 
town,  a  special  dog  license  tax  shall  immediately  become  effective,  un- 
less a  dog  tax  is  already  in  force  the  funds  from  which  are  available 
for  the  payment  of  expenditures   in   accordance   with   the   provisions   of 


Act  197  GENERAL   LAWS.  856 

this  act.  This  tax  shall  be  levied  as  follows:  An  annual  tax  of  one 
dollar  and  fifty  cents  for  each  male,  two  dollars  and  fifty  cents  for 
each  female,  and  one  dollar  and  fifty  cents  for  each  neuter  dog,  the 
game  to  be  collected  by  the  proper  autli^irity  at  the  same  time  and  in 
the  same  manner  as  other  taxes  are  collected;  provided,  however,  that 
there  shall  be  collected  at  the  first  collection  such  proportion  of  the 
annual  tax  as  corresponds  to  the  number  of  months  the  tax  has  been 
in  operation  plus  one  year  advance  payment.  After  this  dog  license 
tax  has  been  established  in  a  county,  city  and  county,  or  incorporated 
city  or  town,  it  shall  be  continued  in  force  until  an  order  has  been 
issued  by  the  state  board  of  health  declaring  that  county,  or  such  por- 
tion of  that  county  as  may  be  deemed  advisable,  to  be  free  from  rabies 
OT  further  danger  of  its  spread. 

One-half  of  fines  to  credit  of  fund, 

(b)  One-half  of  all  fines  collected  by  any  court  or  judge  for  violations 
of  the  provisions  of  this  act  shall  be  placed  to  the  credit  of  the  rabies 
treatment  and  eradication  fund  of  the  county,  city  and  county,  incor- 
porated city   or  town   in   which   the  violation   occurred. 

Special  measures   of  control.     Expenditures. 

§  7.  Whenever  it  becomes  necessary  in  the  judgment  of  the  state 
hoard  of  health  or  its  secretar}-,  to  enforce  the  provisions  of  this  act 
in  any  county,  city  and  county,  or  incorporated  city  or  town,  the  said 
board  or  its  secretary  may  institute  special  measures  of  control  to  sup- 
plement the  etforts  of  the  local  authorities  in  any  county,  city  and 
county,  or  incorporated  city  or  town  whose  duties  are  specified  in 
this  act.  All  expenditures  incurred  in  enforcing  such  special  measures 
shall  be  proper  charges  against  the  special  fund  created  by  the  provi- 
sions of  this  act,  and  shall  be  paid  as  they  accrue  by  the  proper  au- 
thorities of  each  county,  city  and  county,  or  incorporated  city  or  town 
in  which  they  have  been  incurred;  provided,  that  all  such  expenditures 
which  may  be  incurred  after  the  issuance  of  the  order  establishing  the 
said  fund  and  before  the  first  collection  of  the  tax,  shall  be  paid  as 
they  accrue  from  the  general  fund  of  the  county,  city  and  county,  or 
incorporated  city  and  town;  and,  provided,  further,  that  all  expendi- 
tures in  excess  of  the  balance  of  money  in  this  fund  shall  likewise  be 
paid  as  they  accrue  from  said  general  fund.  All  moneys  thus  expended 
from  the  general  fund  shall  be  repaid  from  the  said  special  fund  when 
the  collections  from  said  tax  have  provided  the  money. 

TITLE  23. 

ANTIOCH. 
ACT  197. 

Citations.      App.   17/753,   754,   756,  757;    (§§  1,  2)    17/754. 


857  ARCATA.  Acts  219-222 

TITLE    27. 

ARBITEATIOJSr. 
ACT  219. 

Citations.     App.   13/431,    432. 

TITLE  27a. 

ARCATA. 
ACT  222. 

An  act  granting  to  the  city  of  Areata  the  tide  lands  and  submerged 
lands  of  the  state  within  the  boundaries  of,  and  within  two  miles 
of   the   boundaries   of   said   city. 

[Approved  June   11,   1913.     Stats.   1913,   p.   G99.] 

Tide  lands  granted  to  Areata. 

§  1.  There  is  hereby  granted  to  the  city  of  Areata,  a  municipal  cor- 
poration of  the  state  of  California,  and  to  its  successors,  all  the  right, 
title  and  interest  of  the  state  of  California,  held  by  said  state  by 
virtue  of  its  sovereignty  in  and  to  the  following  tide  lands  and  sub- 
merged lands  within  the  county  of  Humboldt,  state  of  California,^  to 
wit:  Commencing  at  a  point  south  89^2  degrees  west  5.91  chains, 
and  soijth  31  degrees  52  minutes  west  16.27  chains  from  the  center 
of  section  32,  township  six  (3)  north,  range  one  (1)  east  of  Humboldt 
meridian,  Humboldt  county,  California,  running  thence  north  250  feet 
to  the  south  side  of  a  dike;  thence  75  degrees  west  1.750  feet  following 
the  south  side  of  the  dike,  and  crossing  Daniels'  slough  to  a  point 
on  the  section  line  between  sections  31  and  32;  thence  south  17  degrees 
west  5,600  feet  to  a  point  on  the  Areata  and  Mad  Eiver  Railroad  wharf, 
as  at  present  maintained;  thence  south  45  degrees  east  1,650  feet;  thence 
north  80  degrees  east  5,750  feet  to  a  point  on  the  west  side  of  the 
right  of  way  of  the  Northwestern  Pacific  Railway  company;  thence  fol- 
lowing- the  west  line  of  the  Northwestern  Pacific  Railroad  company's 
right  of  way  to  a  point  in  the  center  of  Butchers'  slough  north  27  de- 
grees fifty  minutes  west  4,500  feet;  thence  north  52  degrees  and  one-half 
(52V2)  west  6.12  chains;  thence  north  71^4  degrees  west  4.05  chains; 
thence  north  531.0  degrees  west  11.26  chains;  thence  north  oli^  degrees 
west  2.06  chains  to  the  place  of  beginning,  and  situated  below  the  line 
of  mean  high  tide  of  the  Pacific  Ocean,  or  of  any  harbor,  estuary,  bay 
or  inlet  within,  or  within  two  miles  of  said  city  boundaries,  to  be  for- 
ever held  bj^  said  city,  and  by  its  successors,  in  trust  for  the  uses  and 
purposes,    and   upon    the   express    condition,    to    wit: 

Conditions  of  grant.     City  may  grant  franchises  for  wharves,  etc. 

a.  That  said  lands  shall  be  used  by  said  city,  and  by  its  successors, 
solely  for  the  establishment,  improvement  and  conduct  of  a  harbor, 
and  for  the  construction,  maintenance  and  operation  thereon  of  wharves, 
docks,   piers,   slips,   quays   and   other   utilities,   structures   and   appliances 


Act  222,  §  2  GENERAL   LAWS.  858 

necessary  or  convenient  for  the  promotion  and  accommodation  of  com- 
merce and  navigation,  and  said  city,  or  its  successors,  shall  not,  at  any 
time,  grant,  convey,  give  or  alien  said  lands,  or  any  part  thereof,  to 
any  individual,  firm  or  corporation  for  any  purpose  whatsoever;  pro- 
vided, that  said  city  or  its  successors,  may  grant  franchises  thereon  for 
limited  periods,  for  wharves  and  other  public  uses  and  purposes,  and 
may  lease  said  lands  or  any  part  thereof  for  limited  periods,  for  pur- 
poses consistent  with  the  trusts  upon  which  said  lands  are  held  by 
the  state  of  California,  and  with  the  requirements  of  commerce  or 
navigation    at    said    harbor; 

Harbor  to  be  improved. 

b.  That  said  harbor  shall  be  improved  by  said  city  without  expense 
to  the  state,  and  shall  always  remain  a  public  harbor  for  all  purposes  of 
commerce  and  navigation,  and  the  state  of  California  shall  have,  at  all 
times,  the  right  to  use,  without  charge,  all  wharves,  docks,  piers,  slips, 
quays  and  other  improvements,  constructed  on  said  lands,  or  any  part 
thereof,  for  any  vessel  or  other  water  craft,  or  railroad,  owned  or  oper- 
ated by  the  state  of  California; 

No  discrimination  in  rates.     Right  to  fish  reserved. 

c.  That  in  the  management,  conduct  or  operation  of  said  harbor,  or 
any  of  the  utilities,  structures  or  appliances,  mentioned  in  ]>aragraph 
a,  no  discrimination  in  rates,  tolls  or  charges,  or  in  facilities,  for  any 
use  or  service  in  connection  therewith  shall  ever  be  made,  authorized  or 
permitted  by  said  city,  or  by  its  successors;  reserving,  however,  in  the 
people  of  the  state  of  California,  the  absolute  right  to  fish  in  the  waters 
of  said  harbor,  with  the  right  of  convenient  access  to  said  waters 
over  said  lands   for  said  purposes. 

Must  expend  one  hundred  thousand  dollars  within  five  years.  Lands 
may  revert  to  state. 
§  2.  The  foregoing  conveyance  is  made  upon  the  condition  that  the 
city  of  Areata  shall,  within  five  years  from  the  approval  of  this  act, 
exclusive  of  such  time  as  said  city  may  be  restrained  from  so  doing, 
by  injunction  issued  out  of  any  court  of  this  state  or  of  the  United 
States,  and  exclusive  of  such  further  delay  as  may  be  caused  by  un- 
avoidable misfortune  or  great  public  or  municipal  calamity,  issue  its 
bonds  for  harbor  improvement  purposes  in  an  amount  of  money  of  not 
less  than  one  hundred  thousand  dollars,  and  shall,  within  five  years 
after  the  approval  of  this  act,  exclusive  of  the  time  in  this  section 
hereinbefore  mentioned,  commence  the  work  of  such  harbor  improve- 
ment, and  the  said  work  and  improvement  shall  be  prosecuted  with 
such  diligence  that  not  less  than  one  hundred  thousand  dollars  shall  be 
expended  thereon  within  five  years  from  the  approval  of  this  act  exclu- 
sive of  the  time  in  this  section  hereinbefore  mentioned.  If  said  bonds 
be  not  issued  or  said  work  be  not  prosecuted  and  completed  as  and  in 


859  ASEXUALIZATION.  Acts  247, 248 

the   manner   herein    provided,   then    the   lands    by   this   aet    conveyed    to 
the  city  of  Areata  shall  revert  to  the  state  of  California. 

TITLE    33. 

ASEXUALIZATION". 
ACT  247. 
An  act  to  permit  asexualization   of  inmates  of  the  state  hospitals  and 

the    California    Home    for   the    Care   and   Training   of   Feeble -minded 

Children,  and  of  convicts  in  the  state  prisons.     [Approved  April  26, 

1909.     Stats.  1909,  p.  1093.] 

Repealed  June   13,   1913    (Stats.  1913,  p.  776).      See  next  act. 

ACT  248. 

An  act  to  provide  for  the  asexualization  of  inmates  of  state  hospitals 
for  the  insane,  the  Sonoma  State  Home,  of  convicts  in  the  state 
prisons,  and  of  idiots,  and  repealing  an  act  entitled  "An  act  to 
permit  asexualization  of  inmates  of  the  state  hospitals  and  the 
California  Home  for  the  Care  and  Training  of  Feeble-minded  Chil- 
dren and  of  convicts  in  the  state  prisons,"  approved  April  26,  1909. 
[Approved  June   13,   1913.     Stats.   1913,  p.   775.] 

Asexualization   of  inmates   of  hospitals   for   insane  'before   release. 

§  1.  Before  any  person  who  has  been  lawfully  committed  to  any 
state  hospital  for  the  insane,  or  who  has  been  an  inmate  of  the  Sonoma 
State  Home,  and  who  is  aiflicted  with  hereditary  insanity  or  incurable 
chronic  mania  or  dementia  shall  be  released  or  discharged  therefrom, 
the  state  commission  in  lunacy  may  in  its  discretion,  after  a  careful 
investigation  of  all  the  circumstances  of  the  ease,  cause  such  person 
to  be  asexualized,  and  such  asexualization  whether  with  or  without 
the  consent  of  the  patient  shall  be  lawful  and  shall  not  render  the 
said  commission,  its  members  or  any  person  participating  in  the  opera- 
tion liable   either   civilly   or   criminally. 

Asexualization  of  recidivists  coimnitted   for  sexual   crimes. 

§  2.  Whenever  in  the  opinion  of  the  resident  physician  of  any  state 
prison  it  will  be  beneficial  and  conducive  to  the  benefit  of  the  jniysical, 
mental  or  moral  condition  of  any  recidivist  lawfully  confined  in  such 
state  prison,  to  be  asexualized,  then  such  physician  shall  call  in  con- 
sultation the  general  superintendent  of  state  hospitals  and  the  secretary 
of  the  state  board  of  health,  and  they  shall  jointly  examine  into  the 
particulars  of  the  case  with  the  said  resident  physician,  and  if  in  their 
opinion  or  the  opinion  of  any  two  of  them,  asexualization  will  be  bene- 
ficial to  such  recidivist,  they  may  perform  the  same;  provided,  that 
such  operation  shall  not  be  performed  unless  the  said  recidivist  has 
been  committed  to  a  state  prison  in  this  or  some  other  state  or  coun- 
try at  least  two  times  for  rape,  assault  with  intent  to  commit  rape,  or 


Acts  282, 283  general  laws.  860 

seduction,  or  at  least  three  times  for  any  other  crime  or  crimes,  and 
shall  have  given  evidence  while  an  inmate  of  a  state  prison  in  this 
state  that  he  is  a  moral  or  sexual  degenerate  or  pervert;  and  proviile'I. 
further,  that  in  the  case  of  convicts  sentenced  to  state  prison  for  life, 
who  exhibit  continued  evidence  of  moral  and  sexual  depravity,  the  right 
to  asexualize  them,  as  provided  in  this  section,  shall  apply  whether 
they  shall  have  been  inmates  of  a  state  prison  in  this  or  any  other 
country  or  state  more  than  one  time  or  not;  provided,  further,  that 
nothing  in  this  act  shall  apply  to  or  refer  to  any  voluntary  patient 
confined   or   kept   in   any   state    hospital    of   this   state. 

Asexualization  of  idiots. 

§  3.  Any  idiot  if  a  minor,  may  be  asexualized  by  or  under  the  di- 
rection of  the  medical  superintendent  of  any  state  hospital,  with  the 
written  consent  of  his  or  her  parent  or  guardian,  and  if  an  adult,  then 
with  the  written  consent  of  his  or  her  lawfully  appointed  guardian, 
and  upon  the  written  request  of  the  parent  or  guardian  of  any  such 
idiot  or  fool,  the  superintendent  of  any  state  hospital  shall  perform  such 
operation  or  cause  the  same  to  be  performed  without  charge  therefor. 

Repealed. 

§  4.  An  act  entitled  "An  act  to  permit  asexualization  of  inmates  of 
the  state  hospitals  and  the  California  Home  for  the  Care  and  Training 
of  Feeble-minded  Children,  and  of  convicts  in  the  state  prison,"  ap- 
proved  April   26,   1909,   is   hereby   repealed. 

TITLE  40. 

BANKRUPTCY    AND    IXSOLVENCY. 
ACT  282. 

Citations.      Cal.   156/660,    662,    663,    665,    666. 

ACT   283. 

For  the  relief  of  insolvent  debtors,  for  the  protection   of  creditors  and 
for   the   punishment    of   fraudulent    debtors. 
[Stats.  1S95,  p.  131.] 
Amended  1897,  p.  35;    1911,  p.   489. 

The  amendment  of  1911   is   as  follows: 

Attachment.     Costs  a  preferred  debt.    Award  of  costs. 

§  69.  When  an  attachment  has  been  made  and  is  not  dissolved  before 
the  commencement  of  proceedings  in  insolvency,  or  is  dissolved  by  an 
undertaking  given  by  the  defenilant.  if  the  claim  upon  which  the  attach- 
ment suit  was  commenced  is  proved  against  the  estate  of  the  debtor,  the 
plaintiff  may  pro've  the  legal  costs  and  disbursements  of  the  suit,  and  of 
the  keeping  of  the  property,  and  if  the  levying  of  said  attachment  and 
the  putting  of  the  sheriff's  keeper  in  charge  has  had  the  effect  of  pre- 


861  BANKS    AND    BANKING.  ActS  291-297 

serving  intact  the  assets  of  said  insolvent,  and  the  general  creditors 
have  been  benefited  thereby,  the  amount  of  costs  allowed  shall  be  a  pre- 
ferred debt.  In  all  contested  matters  in  insolvency  the  court  may, 
in  its  discretion,  award  costs  to  either  party,  to  be  paid  by  the  other, 
or  to  either  or  both  parties,  to  be  paid  out  of  the  estate,  as  justice  and' 
equity  may  require;  and  in  awarding  costs  the  court  may  issue  execution 
therefor.  In  all  involuntary  cases  under  this  act,  the  court  shall  allow 
the  petitioning  creditors,  out  of  the  estate  of  the  debtor,  if  any  adju- 
dication of  insolvency  be  made,  as  a  preferred  claim,  all  legal  costs 
and  disbursements  incurred  by  them  in  that  behalf.  [Amendment  ap- 
proved  March   25,   1911;    Stats.   1911,  p.   489.] 

TITLE    41. 

BANKS    AND    BANKING. 
ACT  291. 

Citations.     Cal.  159/77. 

ACT  295. 

Citations.     App.  8/571;    9/188. 

ACT   296. 

Citations.     Cal.  159/66,  67.     App.  15/327. 

I 

ACT  297, 

An  act  to  define  and  regulate  the  business  of  banking. 
[Approved  March  1,  1909.     Stats.  1909,  p.  87.] 
Amended  1911,  pp.  7,  958,   1003,  1008;   Ex.   Sess.   1911,  pp.  2,  115;   1913,  pp. 
136,    335. 

The  amendments  of  1911  and  1913  follow: 

"Bank  act." 

§  1.  This  act  shall  be  known  as  the  "bank  act,"  and  shall  be  appli- 
cable to  all  corporations  specified  in  the  next  section.  [Amendment 
approved  May  6,  1913;  Stats.  1913,  p.  137.] 

"Bank"  defined.     Money  in  escrow.     Classification. 

§  2.  The  word  "bank"  as  used  in  this  act  shall  be  construed  to  mean 
any  incorporated  banking  institution  which  shall  have  been  incorporated 
to  conduct  the  business  of  receiving  money  on  deposit,  or  transacting 
a  trust  business  as  hereinafter  defined.  The  soliciting,  receiving  or 
accepting  of  money  or  its  equivalent  on  deposit  as  a  regular  business 
shall  be  deemed  to  be  doing  a  commercial  or  savings  bank  business 
whether  such  deposit  is  made  subject  to  check  or  is  evidenced  by  a 
certificate  of  deposit,  a  pass-book,  a  note,  a  receipt  or  other  writing; 
provided,   that  nothing   herein    shall   apply   to   or   include   money    or   its 


Act  297,  §§3-7  GENERAL   LAWS.  862 

equivalent  left  in  escrow  or  left  with  an  agent,  pending  investment  in 
real  estate  or  securities  for  or  on  account  of  his  principal.  It  shall  be 
unlawful  for  any  corporation,  partnership,  firm  or  individual  to  engage 
in  or  transact  a  banking  business  -within  this  state  except  by  means  of 
a  corporation  duly  organized  for  such  purpose.  Banks  are  divided  into 
the  following  classes: 

(a)  Savings  banks; 

(b)  Commercial  banks;  and 

(c)  Trust  companies.  [Amendment  approved  May  6,  lf)13;  Stats. 
1913,   p.   137.] 

Formation  of  corporations. 

§  3.  Corporations  may  be  formed  by  any  number  of  natural  persons, 
not  less  in  any  ease  than  three,  under  the  laws  of  this  state  to  conduct, 
as  provided  in  this  act,  and  not  otherwise,  any  one  or  more  or  all  of  the 
businesses  mentioned  in  divisions  (a),  (b),  and  (e)  of  section  2,  of  this 
act.     [Amendment  approved  May  6,  1913;   Stats.   1913,  p.   137.] 

"Trust  company"  defined. 

§  6.  The  term  "trust  company,"  when  used  in  this  act,  means  any 
corjjoration  which  is  incorporated  under  the  laws  of  this  state  for  the 
purpose  of  conducting  the  business  of  acting  as  executor,  administrator, 
guardian  of  estates,  assignee,  receiver,  depositary  or  trustee  under  ap- 
pointment of  any  court  or  by  authority  of  any  law  of  this  state,  or 
as  trustee  for  any  purpose  permitted  bv  law.  [Amendment  approved 
May  6,  1913;  Stats.  1913,  p.  137.] 

Foreign  corporations. 

§  7.  No  foreign  corporation  shall  transact  a  banking  business  in  this 
state  without  first  complying  with  all  the  requirements  of  the  laws  of 
this  state  relative  to  banks  as  defined  in  this  act,  and  without  having 
assigned  to  its  business  in  this  state  the  amount  of  paid-up  capital  and 
surplus  required  by  this  act  for  the  transaction  of  such  business  within 
this  state.  No  foreign  banking  corporation  shall  transact  business  in 
this  state  until  such  corporation  has  made  the  assignment  of  capital 
required  by  this  section  and  has  received  a  certificate  from  the  state 
superintendent  of  banks.  Any  foreign  banking  corporation  transacting 
business  in  this  state  shall  become  subject  to  tlie  supervision  of  the 
state  superintendent  of  banks.  Every  foreign  banking  corporation,  in- 
cluding those  which  were  on  January  2,  1913,  transacting  business  in  this 
state,  which  receives  any  dejiosits  or  transacts  any  other  banking  business 
or  transacts  its  business  in  such  a  manner  as  might  lead  the  public  to 
believe  that  its  business  is  that  of  a  bank,  shall  conduct  all  its  business 
in  accordance  with  the  statutes  governing  incorporated  banking  institu- 
tions organized  under  the  laws  of  tins  state.  Tlie  capital  of  any  such 
foreign  banlcing  corporation  assigned  to  its  business  in  this  state  and 
all  funds  and  deposits  of  money  received  by  any  such  corporation  in  this 


863  BANKS  AND   BANKING.  Act  297,  §  7 

state  or  for  or  in  connection  with  its  business  in  this  state  and  all  accounts 
and  transactions  of  said  business  transacted  by  any  such  foreign  corpora- 
tion in  this  state  shall  be  kept  separate  and  apart  from  the  general  busi- 
ness, assets  and  accounts  of  such  foreign  corporation  in  the  same  manner 
as  if  the  business  of  such  foreign  corporation  conducted  within  this  state 
was  that  of  a  separate  and  independent  corporation  organized  under  the 
laws  of  this  state  for  the  purpose  of  doing  a  banking  business  and  all  of 
the  provisions  of  this  act  affecting  investments,  loans  of  money,  receiving 
deposits  and  conducting  business  in  any  respect  shall  be  deemed  to 
apply  to  such  assigned  capital,  investments,  loans,  deposits,  assets,  funds 
and  business  in  the  same  manner  as  if  such  assigned  capital,  invest- 
ments, loans,  deposits,  assets,  funds  and  business  were  that  of  such 
separate  and  independent  corporation;  provided,  that  loans  may  be  made 
by  any  such  foreign  corporation  based  on  its  entire  paid-up  capital  and 
surplus  in  case  such  foreign  corporation  shall  have  assigned  to  its  busi- 
ness in  this  state  a  paid-up  capital  and  surplus  as  above  provided  equal 
to  twenty  per  centum  of  the  deposit  liability  of  such  branch  agency 
or  office  to  residents  of  this  state.  Such  funds  and  investments  or  loans 
thereof  shall  be  appropriated  solely  to  the  security  and  payment  of  such 
deposits,  and  shall  not  be  mingled  with  the  investments  of  the  capital 
stock  or  other  money  or  property  belonging  to  such  corporation  or  be 
liable  for  the  debts  or  obligations  thereof.  All  income  received  from  the 
investment  of  said  funds  over  and  above  such  funds  as  may  be  paid 
to  depositors  as  interest  or  shall  be  carried  to  the  surplus  fund,  as  pro- 
vided in  section  21  of  this  act,  shall  accrue  as  profits  to  the  corporation 
and  may  be  transferred  to  its  general  funds.  No  such  foreign  corpora- 
tion shall  transact  any  banking  business  in  this  state  until  it  has  exe- 
cuted and  filed  with  the  superintendent  of  banks  a  written  instrument 
appointing  such  superintendent  or  his  successor  in  office, .  its  true 
and  lawful  attorney,  upon  whom  all  process  issued  by  authority  of 
or  under  any  law  of  this  state  may  be  served,  with  the  same  effect  as 
if  such  corporation  was  formed  under  the  laws  of  this  state  and  had  been 
lawfully  served  with  process  therein.  Such  service  upon  such  attorney 
shall  be  deemed  personal  service  on  such  corporation.  The  superintend- 
ent of  banks  shall  forthwith  forward  by  mail,  postage  prepaid,  a  copy 
of  every  process  served  upon  him  under  the  provisions  of  this  section, 
addressed  to  the  manager  or  agent  of  such  corporation,  at  its  principal 
place  of  business  in  this  state.  For  each  copy  of  process,  the  super- 
intendent of  banks  shall  collect  the  sum  of  two  dollars,  which  shall  be 
paid  by  the  plaintiff'  or  moving  party  at  the  time  of  the  service,  to  be 
recovered  by  him  as  a  part  of  his  taxable  costs  if  he  succeed  in  the  suit 
or  proceeding.  No  foreign  corporation  shall  have  or  exercise  in  this 
state  the  power  to  receive  deposits  of  trust  moneys,  securities  or  other 
personal  property  from  any  person  or  corporation  or  any  of  the  powers 
specified  in  section  6  of  this  act,  nor  have  or  maintain  an  office  in  this 
state  for  the  transaction  of,  or  transact,  directly  or  indirectly,  any  such 
or  similar  business,  except  that  a  trust  company  incorporated  in  another 


Act  297,  §  8  GENERAL   LAWS.  864 

state  may  be  appointed  and  may  accept  appointment  and  may  act  in 
this  state  as  executor  of  or  trustee  under  the  last  will  and  testament  of 
any  deceased  person,  upon  giving  the  bond  required  in  such  cases  of 
individuals  unless  waived  by  the  last  will  and  testament  making  such 
appointment  and  by  taking  and  subscribing  an  oath  for  faithful  per- 
formance of  such  trust  by  the  presiilent,  vice-president,  secretary, 
manager  or  trust  officer  of  said  corporation;  provided,  that  similar  cor- 
porations organized  under  the  laws  of  this  state  are  permitted  by  law 
to  act  as  such  executor  or  trustee  in  the  state  where  such  foreign  cor- 
poration was  organized;  and  provided,  further,  that  such  superintendent 
of  banks,  for  the  time  being,  shall  be  the  attorney-  of  such  foreign  cor- 
poration qualifying  or  acting  in  this  state  as  such  executor  or  trustee, 
upon  whom  process  against  such  foreign  corporation  may  be  served  in  any 
action  or  legal  proceeding  against  such  executor  or  trustee,  affecting 
or  relating  to  the  estate  or  property  represented  or  held  by  such  ex- 
ecutor or  trustee,  or  any  act  or  default  of  such  foreign  corporation  in  ref- 
erence to  such  estate  or  projierty,  and  it  shall  be  the  duty  of  any  such 
foreign  corporation  so  qualifj'ing  or  acting  to  file  in  the  office  of  said 
superintendent  of  banks  a  copy  of  its  articles  of  incorporation  or  of  the 
statute  chartering  such  corporation,  certified  by  its  secretary  under  its 
corporate  seal,  together  with  the  postoffiee  address  of  its  home  office, 
and  a  duly  executed  appointment  of  said  superintendent  of  banks  as 
its  attorney  to  accept  service  of  process  as  above  provided,  and  said 
superintendent  of  banks,  when  any  such  process  is  served  upon  him,  shall 
at  once  mail  the  papers  so  served  to  the  home  office  of  such  corporation; 
and  provided,  further,  that  no  foreign  corporation  having  authority  to 
act  as  executor  of  or  trustee  under  the  last  will  and  testament  of  any 
deceased  person  shall  establish  or  maintain,  directly  or  indirectly,  any 
branch  office  or  agency  in  this  state,  or  shall  in  any  way  solicit,  directly 
or  indirectly,  any  business  as  executor  or  trustee  therein,  and  that  for 
any  violation  of  this  proviso,  the  court  having  jurisdiction  of  such  ex- 
ecutor or  trustee  in  said  proceeding  may  in  its  discretion,  revoke  the  right 
of  such  foreign  corporation  thereafter  to  act  as  executor  or  trustee 
therein;  provided,  that  nothing  in  this  act  shall  limit  or  affect  the  right 
of  any  foreign  corporation  doing  a  banking  business  in  this  state,  to 
lend  within  this  state,  moneys  of  such  corporation  which  do  not  form 
a  part  of  the  moneys,  deposits  or  assets  of  such  corporation  assigned  or 
belonging  to  its  business  in  this  state.  [Amendment  approved  May  6, 
1913;  Stats.  1913,  p.  137.] 

Copy  of  articles  of  incorporation.     Affidavit. 

§  8.  Every  curporatioii,  at  the  time  it  apjilies  for  a  certificate  of  au- 
thority to  do  a  banking  business,  must  file  with  the  superintendent  of 
banks  a  certified  copy  of  its  articles  of  incorporation,  or  of  the  statute 
chartering  such  corporation,  a  certified  copy  of  its  by-laws,  and  also 
a  certified  copy  of  all  instruments  amending  or  altering  such  articles 
of    incorporation    or    charter    or    by-laws.     Thereafter    a    certified    copy 


865  BANKS  AND   BANKING.  Act  297,  §  §  9,  10 

of  each  amendment  or  certificate  shall  likewise  be  so  filed  before 
such  instrument  takes  effect.  There  must  also  be  filed  in  the  office  of 
the  superintendent  of  banks  before  he  shall  issue  his  certificate  a  certi- 
fied copy  of  the  affidavit  required  by  section  290a  of  the  Civil  Code. 
Each  certification  required  by  the  provisions  of  this  section  other  than 
that  of  by-laws  must  be  by  the  secretary  of  state.  [Amendment  ap- 
proved May  6,  1913;  Stats.  1913,  p.  140.] 

Opening  of  branch  office.  Capital.  Fee.  Savings  banks  in  schools. 
Penalty. 
§  9.  No  bank  in  this  state,  or  any  officer  or  director  thereof,  shall 
hereafter  open  or  keep  an  officfe  other  than  its  principal  place  of  busi- 
ness, without  first  having  obtained  the  written  approval  of  the  superin- 
tendent of  banks  to  the  opening  of  such  branch  office,  which  written 
approval  may  be  giv^en  or  withheld  in  his  discretion,  and  shall  not  be 
given  by  him  until  he  has  ascertained  to  his  satisfaction  that  the 
public  convenience  and  advantage  will  be  promoted  by  the  opening  of 
such  branch  office;  provided,  that  no  bank  or  any  officer  or  director 
thereof,  shall  open  or  maintain  any  such  branch  office  unless  the  capital 
of  such  bank,  actually  paid  in,  in  cash,  shall  exceed  the  amount  required 
by  this  act  by  the  sum  of  twenty-five  thousand  dollars  for  each  branch 
office  opened  and  maintained.  Every  bank,  before  it  opens  a  branch 
office,  shall  obtain  the  certificate  of  authority  of  the  superintendent  of 
banks  for  the  opening  of  each  of  said  branch  offices.  The  applicant  shall 
pay  for  such  certificate  a  fee  of  fifty  dollars;  provided,  however,  that,  in 
order  to  encourage  saving  among  the  children  of  the  schools  of  this  state, 
a  bank  may,  with  the  written  consent  of  and  under  regulations  approved 
by  the  superintendent  of  banks  and,  in  the  case  of  public  schools,  by  the 
board  of  education  or  board  of  school  trustees  of  the  city  or  district  in 
which  the  school  is  situated,  arrange  for  the  collection  of  savings  from 
the  school  children  by  the  principal  or  teachers  of  such  schools  or  by 
collectors.  The  principal,  teacher  or  person  authorized  by  the  bank  to 
make  collections  from  the  school  children  shall  be  deemed  to  be  the 
agent  of  the  bank  and  the  bank  shall  be  liable  to  the  pupil  for  all 
dejjosits  made  with  such  principal,  teacher  or  other  person,  the  same 
as  if  the  deposits  were  made  by  the  pupil  directly  with  the  bank.  Every 
bank  and  every  such  officer  or  director  violating  the  provisions  of  this 
section  shall  forfeit  to  the  people  of  the  state  the  sum  of  one  hundred 
dollars  for  every  day  during  which  any  branch  office  hereafter  opened 
shall  be  maintained  without  such  written  approval.  [Amendment  ap- 
proved May  6,  1913;  Stats.  1913,  p.  140.] 

Directors. 

§  10.  No  person  shall  be  eligible  for  election  as  director  of  a  bank 
having  a  capital  stock  unless  he  is  a  stockholder  of  the  bank,  owning, 
in  his  own  right,  shares  thereof  of  the  par  value  of  at  least  five  hundred 
dollars;  and  every  person  elected  to  be  director  who,  after  such  election, 


Act  297,  §§  11,  12  GENERAL   LAWS.  866 

shall  cease  to  be  the  owner  in  his  own  right  of  the  amount  of  such  stock 
aforesaid,  or  shall  hypothecate  or  in  any  way  pledge  such  stock  as  se- 
curity for  any  loan  or  debt  shall  immediately  notify  the  superintend- 
ent of  banks  in  writing  of  such  sale  or  hypothecation  and  such  director 
may  be  removed  from  the  office  of  director  by  the  superintendent  of 
banks.  If  a  bank  be  organized  without  capital  stock,  no  person  shall 
be  eligible  as  a  director  thereof  unless  he  i»  both  a  member  and  a 
depositor  of  such  bank.  [Amendment  approved  May  6,  1913;  Stats.  1913, 
p.  141.] 

Meetings.     Oath  of  directors. 

§  11.  The  board  of  directors  of  a  bank  must  hold  a  meeting  at  least 
once  a  month.  Each  director,  when  appointed  or  elected,  shall  take  an 
oath  that  he  will,  so  far  as  the  duty  devolves  on  him,  diligently  and 
honestly  administer  the  affairs  of  such  bank,  and.  will  not  knowingly 
violate  or  willfully  permit  to  be  violated  any  of  the  prsvisions  of  law 
applicable  to  such  bank,  and  that  he  is  the  owner  in  good  faith  and  in 
his  own  right  of  sliares  of  stock  of  the  par  value  required  by  section 
10  of  this  act,  subscribed  by  him  or  standing  in  his  name  on  the  books 
of  the  bank,  and  that  the  same  to  an  amount  equal  to  the  par  value  of 
at  least  five  hundred  dollars,  are  not  hypothecated  or  in  any  way  pledged 
as  security  for  any  loan  or  debt.  Such  oath  shall  be  subscribed  by  the 
director  making  it,  certified  by  the  officer  before  whom  it  is  taken,  and 
immediately  transmitted  to  the  superintendent  of  banks  and  filed  and 
preserved  in  his  office.  [Amendment  approved  May  6,  1913;  Stats.  1913, 
p.  141.] 

Also    amended   April   21,    1911    (Stats.    1911,    p.    1008). 

Advertising  as  bank.  Use  of  word  "bank."  Not  applicable  to  building 
and  loan  associations.  Penalty.  Injunction. 
§  12.  No  person,  firm,  company,  cojiartnership  or  corporation,  either 
domestic  or  foreign,  not  subject  to  the  supervision  of  the  superintendent 
of  banks,  and  not  required,  by  the  provisions  of  this  act,  to  report  to 
him,  and  which  has  not  received  a  certificate  to  do  a  banking  business 
from  the  superintendent  of  banks,  shall  advertise  that  he  or  it  is  re- 
ceiving or  accepting  money  or  savings,  and  issuing  notes  or  certificates 
of  deposit  therefor,  or  shall  make  use  of  any  office  sign,  at  the  place 
where  such  business  is  transacted,  having  tliercon  any  artificial  or  cor- 
porate name,  or  other  words  indicating  that  such  place  or  office  is  the 
place  or  office  of  a  bank  or  trust  company,  or  that  deposits  are  received 
there  or  payments  made  on  check,  or  any  other  form  of  banking  business 
transacted,  nor  shall  any  such  person  or  persons,  firm,  company,  copartner- 
ship, or  corporation,  domestic  or  foreign,  make  use  of  or  circulate  any 
letter-heads,  billheads,  bank  notes,  bank  receipts,  certificates  or  circulars, 
or  any  written  or  printed,  or  partly  written  and  partly  printed,  paper, 
whatever,  having  thereon  any  artificial  or  corporate  name  or  other  word 
or  words  indicating  that  such  business  is  the   business  of  a  bank,  sav- 


867  BANKS   AND   BANKING.  Act  297,  §  12a 

ings  bank  or  trust  company;  nor  shall  any  such  person,  firm,  company, 
copartnership  or  corporation,  or  any  agent  of  a  foreign  corporation  not 
having  an  established  place  of  business  in  this  state,  solicit  or  receive 
deposits  or  transact  business  in  the  way  or  manner  of  a  bank,  savings 
bank  or  trust  company,  or  in  such  a  way  or  manner  as  to  lead  the 
public  to  believe  that  its  business  is  that  of  a  bank,  savings  bank  or 
trust  company.  Nor  shall  any  person,  firm,  company,  copartnership  or 
corporation,  domestic  or  foreign,  not  subject  to  the  supervision  of  the 
superintendent  of  banks,  and  not  required  by  the  provisions  of  this 
act  to  report  to  him,  and  which  has  not  received  from  the  superintend- 
ent of  banks  a  certificate  to  do  a  banking  business,  hereafter  transact 
business  under  any  name  or  title  which  contains  the  word  "bank,"  or 
"banker,"  or  "banking,"  or  "savings  bank,"  or  "savings"  or  "trust"  or 
"trustee"  or  "trust  company";  provided,  that  this  section  shall  not  apply 
to  the  corporate  name  of  any  building  and  loan  association  ffow  or  here- 
tofore doing  business  in  this  state;  and  provided,  further,  that  any 
isuch  association  having  in  its  corporate  name  words  not  clearly  indi- 
cating the  nature  of  its  business  shall,  on  all  signs,  letter-heads  and 
advertising  matter,  state  "This  is  a  building  and  loan  association"  or 
words  to  that  effect;  and  provided,  further,  that  any  building  and  loan 
association  may  borrow  money,  issue  investment  certificates  or  evidences 
of  indebtedness,  stating  the  rate  of  interest  and  terms  and  conditions  of 
repayment,  and  do  such  other  business  as  may  be  authorized  by  the 
laws  of  the  state  relating  to  building  and  loan  associations;  and  pro- 
vided, further,  that  no  such  association  shall  advertise  or  hold  itself  out 
to  the  public  as  a  savings  bank.  Any  person,  firm,  company,  copartner- 
ship or  corporation,  domestic  or  foreign,  violating  any  provision  of  this 
section  shall  forfeit  to  the  state  one  hundred  dollars  a  day  for  every 
day  or  part  thereof  during  which  such  violation  continues.  Upon  action 
brought  by  the  superintendent  of  banks  the  court  may  issue  an  in- 
junction restraining  any  such  person,  firm,  company,  copartnership  or 
corporation  from  further  using  such  words  in  violation  of  the  provisions 
of  this  section  or  from  further  transacting  business  in  such  a  way  or 
manner  as  to  lead  the  public  to  believe  that  its  business  is  that  of  a 
liank,  savings  bank  or  trust  company-  during  the  pendency  of  such  action 
and  for  all  time  and  may  make  such  other  order  or  decree  as  equity 
and  justice  may  require.  [Amendment  approved  May  6,  1913;  Stats. 
1913,  p.  141.] 

Also  amended  December  24,   1911    (Stats.  Ex.   Sess.   1911,   p.   115). 

Prerequisites  to  advertising  as  bank.  Penalty.  Injunction.  Examina- 
tion of  books.  Not  applicable  to  buUding  and  loan  associations. 
§  12a.  Every  person,  firm,  company,  copartnership  or  corporation, 
domestic  or  foreign,  advertising  that  he  or  it  is  receiving  or  accepting 
money  or  savings,  and  issuing  notes  or  certificates  of  deposit  therefor 
or  advertising  that  he  or  it  is  transacting  the  business  of  a  bank,  sav- 
ings  bank   or   trust   company,   or  making  use   of   any   ofiice   sign   at   the 


Act  297,  §  12a  general  laws.  86 i 

place  where  such  business  is  transacted,  having  thereon  any  artificial 
or  corporate  name,  or  other  words  indicating  that  such  place  or  office 
is  the  place  or  office  of  a  bank  or  trust  company,  or  that  deposits  are 
received  there  or  payments  made  on  check,  or  that  interest  is  paid  on 
deposits,  or  that  certificates  of  deposit,  either  with  or  without  interest 
are  being  issued,  or  that  any  other  form  of  banking  business  is  trans- 
acted, and  every  person,  firm,  company,  copartnership  or  corporation, 
domestic  or  foreign,  rbaking  use  of  or  circulating  any  letter-heads,  bill- 
heads, blank  notes,  blank  receipts,  certificates  or  circulars,  or  any  writ- 
ten or  printed,  or  partly  written  and  partly  printed,  paper,  whatever, 
having  thereon  any  artificial  or  corporate  name,  or  advertising  that  such 
business  is  the  business  of  a  bank,  savings  bank  or  trust  company,  must 
have  the  proper  capital  stock  paid  in  and  set  aside  for  the  purpose  of 
transacting  such  business,  and  must  have  received  from  the  superin- 
tendent of  banks,  as  provided  for  in  this  act,  a  certificate  to  do  * 
banking  business.  Any  person,  firm,  company;  copartnership  or  cor- 
poration, domestic  or  foreign,  violating  any  provision  of  this  section 
shall  forfeit  to  the  state  one  hundred  dollars  a  day  for  every  day  or 
part  thereof  during  which  such  violation  continues.  Upon  action 
brought  by  the  superintendent  of  banks  the  court  may  issue  an  in- 
junction restraining  any  such  person,  firm,  company,  copartnership  or 
corporation  from  further  violating  any  provision  of  this  section,  and 
may  make  such  further  order  or  decree  as  equity  and  justice  may  re- 
quire. Every  person,  firm,  company,  copartnership  or  corporation  doing 
any  of  the  things  or  transacting  any  of  the  business  defined  in  this  sec- 
tion, must  transact  such  business  according  to  the  provisions  of  the  bank 
act,  and  the  superintendent  of  banks  or  his  deputy  or  examiners  shall 
have  authority  to  examine  the  accounts,  books  and  papers  of  every 
such  person,  firm,  company,  copartnership  or  corporation,  domestic 
or  foreign,  in  order  to  ascertain  whether  such  person,  firm,  com- 
pany, copartnership,  or  corporation  has  violated  or  is  violating  any 
provisions  of  this  section;  provided,  that  this  section  shall  not  appl.V 
to  the  corporate  name  of  any  building  and  loan  association  now  or  here- 
tofore doing  business  in  this  state;  and  provided,  further,  that  any  such 
association  having  in  its  corporate  name  words  not  clearly  indicating 
the  nature  of  its  business  shall,  on  all  signs,  letter-heads  and  advertis- 
ing matter,  state:  "This  is  a  building  and  loan  association"  or  words 
to  that  effect;  and  provided,  further,  that  any  building  and  loan  asso- 
ciation may  borrow  money,  issue  investment  certificates  or  evidences  of 
indebtedness,  stating  the  rate  of  interpst  and  terms  and  conditions  of 
repayment,  and  do  such  other  business  as  may  be  authorized  by  the  laws 
of  the  state  relating  to  building  and  loan  associations;  and  provided, 
further,  that  no  such  association  shall  advertise  or  hold  itself  out  to  the 
public  as  a  savings  bank.  [Amendment  approved  Mav  6,  191.3;  Stats. 
1913,  p.  143.] 

Section  added   April  21,   1911    (Stats.    1911,   p.   lOOSV      Also   amended   Decem- 
ber 24,   1911    (Stats.  Ex.   Sess.   1911.   p.   116). 


869  BANKS  AND  BANKING.  Act  297,  §§  12b-15 

Not  applicable  to  life  insurance  companies. 

§  12b.  Nothing  in  this  act  shall  be  construed  or  helJ  to  apply  to  any 
corporation  organized  under  the  laws  of  any  other  state  which  is  au- 
thorized by  its  charter  or  articles  of  incorporation  to  transact  the  busi- 
ness of  life  insurance  and  also  to  be  known  as  and  to  transact  business 
as  a  trust  company  and  which  shall  have  complied  with  the  laws  of 
this  state  affecting  the  transaction  in  this  state  of  the  business  of 
life  insurance  by  a  foreign  corporation  and  which  shall  have  hereto- 
fore engaged  in  such  business  of  life  insurance  in  this  state,  in  such 
manner  as  to  forbid  or  prevent  its  making  use  of  its  corporate  title 
in  its  life  insurance  business  in  this  state  in  any  such  way  and  to 
any  such  extent  as  it  might  have  made  use  of  the  same  if  this  act  had 
not  been  passed.  [New  section  approved  May  6,  1913;  Stats.  19-13, 
p.  144.] 

Foreign  corporations  may  lend  money  in  state. 

§  12c.  Any  corporation  organized  under  the  laws  of  any  country 
or  state  other  than  this  state  which  has  complied  with  all  of  the  laws 
of  this  state  pertaining  to  foreign  corporations  and  is  not  engaged 
in  the  business  of  banking  or  receiving  money  on  deposit  in  this  state 
may  lend  money  in  this  state  and,  for  that  purpose,  may  maintain  of- 
fices in  this  state,  and  sue  and  be  sued  in  this  state  under  its  proper 
corporate  name,  notwithstanding  any  prohibitions  contained  in  this 
act  as  to  the  use  of  any  words  in  the  name,  signs  or  advertising  mat- 
ter of  corporations  not  under  the  supervision  of  the  superintendent  of 
banks.      [New  section  approved  May  6,  1913;  Stats.  1913,  p.  144.] 

Unincorporated  banks. 

§  13.      [Repealed  May  6,  1913;  Stats.  1913,  p.  144.] 

Advertising  capital,  resources,  liabilities,  etc. 

§  14.  No  bank,  or  officer  thereof,  shall  advertise  in  any  manner,  or 
publish  any  statement  of  the  capital  authorized  or  subscribed,  unless 
it  or  he  advertise  and  publish  in  connection  therewith,  the  amount  of 
capital  actually  paid  up.  No  bank  shall  publish  a  statement  of  its 
resources  or  liabilities  in  connection  with  those  of  any  other  bank, 
unless  such  statement  shall  show  the  resources  and  liabilities  of  each 
bank  separately;  nor  shall  surplus  and  undivided  profits  be  advertised 
as  an  aggregate.  [Amendment  approved  May  6,  1913;  Stats.  1913, 
p.   144.] 

Deposits  unclaimed  for  twenty  years.  Statement  to  controller.  Deposits 
unclaimed  for  ten  years.  Published  notice. — Penalty. 
§  15.  All  amounts  of  money  heretofore  or  hereafter  deposited  with 
any  bank  to  the  credit  of  depositors  who  have  not  made  a  deposit  on 
said  account  or  withdrawn  any  part  thereof  or  the  interest  and  which 
shall  have  remained  unclaimed  for  more  than  tw^enty  years  after  the 
date  of  such  deposit,  or  withdrawal  of  any  part  of  principal  or  interest, 


Act  297,  §  15  GENERAL   LAWS.  *  870* 

and  for  which  no  claimant  is  known  or  the  depositor  cannot  be  found, 
shall,  with  the  increase  and  proceeds  thereof,  be  deposited  with  the 
state  treasurer  in  the  same  manner  and  subject  to  the  same  distribu- 
tion as  provided  for  in  section  1234  of  the  Code  of  Civil  Procedure. 
The  president  or  managing  officer  of  every  bank  must,  within  fifteen 
days  after  the  first  day  of  January  of  every  year,  return  to  the 
superintendent  of  banks  a  sworn  statement  showing  the  names  of  de- 
positors known  to  be  dead,  or  who  have  not  made  further  deposits, 
or  withdrawn  any  moneys  during  the  preceding  twenty  years  and  at  the 
same  time  it  shall  be  the  duty  of  the  president  or  managing  officer 
of  every  bank  to  furnish  to  the  state  controller  a  list  of  the  names 
of  all  depositors  to  whom  said  moneys  belong  or  to  whom  said  bank 
owes  the  same.  Such  statement  shall  show  in  detail  the  following  mat- 
ters, viz.: 

First — The  name  and  last  known  place  of  residence  or  postoffice  ad- 
dress of  the  person  making  such  deposit; 

Second — The  amount  and  date  of  such  deposit  and  whether  the  same 
is  in  moneys  or  securities,  and  if  the  latter,  the  nature  of  the  same. 

Third — The  interest  due  on  such  deposit,  if  any,  and  the  amount 
thereof; 

Fourth — The  sum  total  of  such  deposit,  together  with  the  interest 
added  thereto  due  from  such  bank  on  account  of  such  deposit  or  de- 
posits and  interest  thereon  to  such  depositor,  but  nothing  contained 
herein  shall  require  any  corporation  or  person  renting  lock  boxes  or 
safes  in  vaults  for  storage  purposes  to  ojten  or  report  concerning  prop- 
erty stored  therein.  Such  report  itemized  as  aforesaid  shall  be  signed 
by  the  person  making  the  same  and  shall  be  sworn  to  before  a  person 
competent  to  administer  oaths  as  a  full,  complete  and  truthful  state- 
ment of  each  of  the  items  therein  contained.  The  president  or  manag- 
ing officer  of  every  bank  must,  within  fifteen  days  after  the  first  day 
of  January  of  everj'  odd-numbered  year,  return  to  the  superintendent 
of  banks  a  sworn  statement  showing  the  names  of  depositors  known 
to  be  dead,  or  who  have  not  made  further  deposits,  or  with.lrawn  any 
moneys  during  the  preceding  ten  years.  Such  statements  shall  show 
the  amount  of  the  account,  the  depositor's  last  known  place  of  resi- 
dence or  postoffice  address,  and  the  fact  of  death,  if  known  to  such 
president  or  managing  officer.  Such  president  or  managing  officer  must 
give  notice  of  these  deposits  in  one  or  more  newspapers  published  in  or 
nearest  to  the  town  or  city  where  such  bank  has  its  principal  place  of 
business,  at  least  once  a  week  for  four  consecutive  weeks,  the  cost  of 
such  publication  to  be  paid  pro  rata  out  of  such  unclaimed  deposits. 
This  section  deos  not  applj'  to  any  deposit  made  by  or  in  the  name  of  a 
person  known  to  the  president  or  managing  officer  to  be  living,  or 
which,  with  the  accumulation  thereon,  is  less  than  fifty  dollars.  The 
superintendent  of  banks  must  incorporate  in  his  subsequent  report  such 
returns  made  to  him  as  provided  in  this  section.  If  any  president  or 
managing   officer   of   any   bank   neglects   or    refuses   to   make   the   sworn 


871  BANKS   AND    BANKING.  Act  297,  §  16 

statement  required  by  this  section  such  bank  shall  forfeit  to  the  state 
of  California  the  sum  of  one  hundred  dollars  a  day  for  each  day  such 
default  shall  continue.  Any  president  or  managing  officer  of  any 
bank  who  violates  any  of  the  provisions  of  this  section  shall  forfeit 
to  the  state  of  California  the  sum  of  one  hundred  dollars  a  day  for 
each  and  every  day  such  violation  shall  continue.  For  the  purposes  of 
this  section  all  deposits  received  by  any  bank  under  the  provisions  of 
section  31  or  section  31a  of  this  act  shall  be  deemed  to  have  been 
deposited  with  such  bank  at  the  time  the  deposit  was  made  with  the 
bank  from  which  the  deposit  was  transferred;  provided,  that  any  bank 
which  shall  make  any  deposit  with  the  state  treasurer  in  conformity 
with  the  provisions  of  this  section  shall  not  thereafter  be  liable  to  any 
person  for  the  same  and  any  action  which  may  be  brought  by  any 
person  against  any  bank  for  moneys  so  deposited  with  the  state  treas- 
urer shall  be  defended  by  the  attorney  general  without  co-st  to  such 
bank.     [Amendment  approved  May  6,  1913;  Stats.  1913,  p.  145.] 

Bank  deposits  of  married  women  and  minors.  Deposits  in  trust.  With- 
drawal of  deposits  of  deceased  persons.  Not  over  five  hundred 
dollars. 
§  16.  When  any  deposit  with  a  bank  shall  be  made  by  or  in  the 
name  of  any  married  woman  or  minor,  the  same  shall  be  held  for  the 
exclusive  right  and  benefit  of  such  depositor,  and  free  from  the  control 
or  lien  of  all  other  persons,  except  creditors,  and  shall  be  paid,  together 
with  the  dividends,  if  any,  and  interest,  if  any,  thereon  to  the  person 
in  whose  name  deposits  shall  have  been  made,  and  the  receipt  or 
acquittance  of  such  minor  shall  be  a  valid  and  sufficient  release  and 
discharge  for  such  deposit,  or  any  part  thereof,  to  the  bank.  When 
any  deposit  with  a  bank  shall  be  made  by  any  person  in  trust  for 
another,  and  no  other  or  further  notice  of  the  existence  and  terms  of 
a  legal  and  valid  trust  shall  have  been  given  in  writing  to  such  bank, 
in  the  event  of  the  death  of  the  trustee,  the  same  or  any  part  thereof, 
together  with  the  dividends  or  interest,  if  any,  thereon,  may  be  paid  to 
the  person  for  whom  the  deposit  was  made.->i  When  a  deposit  with  a 
bank  shall  be  made  by  any  person  in  the  names  of  such  depositor  and 
another  person  or  persons,  and  in  form  to  be  paid  to  either  or  the  sur- 
vivor or  survivors  of  them,  such  deposit  thereupon,  and  any  additions 
thereto  made  by  either  of  such  persons  upon  the  making  thereof,  shall 
become  the  property  of  such  person  as  joint  tenants,  and  the  same, 
together  with  all  interest  thereon,  shall  be  held  for  the  exclusive  use  of 
the  persons  so  named,  and  may  be  paid  to  either  during  the  lifetime  of 
all  or  any  or  to  the  survivor  or  survivors  after  the  death  of  one  or 
more  of  them,  and  such  payments  and  the  receipt  or  acquittance  of  the 
one  to  whom  such  payment  is  made  shall  be  valid  and  sufficient  release 
and  discharge  to  said  bank  for  all  payments  made  on  account  of  such 
deposit.^  The  surviving  husband  or  wife  or  the  guardian  of  the  estate 
of  any  insane  or  incompetent  husband  or  wife  of  any  deceased  person, 


Act297,  §§18,  19  GENERAL   LAWS.  872 

or,  if  no  husband  or  wife  ia  living,  then  the  children  or  the  guardian 
of  the  estates  of  any  minor  or  insane  or  incompetent  children  of  said 
decedent,  or,  if  no  children  are  living,  then  the  father  or  mother  or 
guardian  of  the  estate  of  any  insane  or  incompetent  father  or  mother 
of  such  decedent,  and  if  neither  the  father  nor  mother  is  living,  then 
the  brothers  and  sisters  or  the  guardian  of  the  estates  of  any  minor 
or  insane  or  incompetent  brothers  and  sisters  of  such  decedent,  may, 
without  procuring  letters  of  administration,  collect  of  any  bank  any 
sum  which  said  deceased  may  have  left  on  deposit  in  such  bank  at  the 
time  of  his  or  her  death;  provided,  such  deposit  shall  not  exceed  the 
sum  of  five  hundred  dollars.  Any  bank,  upon  receiving  an  affidavit 
stating  that  said  depositor  is  dead,  and  that  affiant  is  the  surviving  hus- 
band or  wife  or  the  guardian  of  the  estate  of  an  insane  or  incompe- 
tent surviving  husband  or  wife,  as  the  case  may  be,  of  said  decedent,  or 
stating  that  decedent  left  no  husband  or  wife,  and  that  affiant  is.  or 
affiants  are,  the  children,  or  the  guardians  of  the  estates  of  the  minor, 
insane  or  incompetent  children,  as  the  case  may  be,  of  said  decedent, 
or  stating  that  decedent  left  neither  husband,  wife  nor  children,  and 
that  affiant  is  the  father  or  mother,  or  the  guardian  of  the  estate  of 
the  insane  or  incompetent  father  or  mother,  as  the  case  may  be,  of  said 
decedent,  or  stating  that  the  decedent  left  neither  husband,  wife,  chil- 
dren, father  nor  mother,  and  that  affiants  are  the  brothers  and  sisters 
or  the  guardians  of  the  estates  of  the  minor,  insane  or  incompetent 
brothers  and  sisters,  as  the  case  may  be,  of  said  decedent,  and  that 
the  whole  amount  that  decedent  left  on  deposit  in  any  and  all  banks 
of  deposit  of  this  state,  docs  not  exceed  the  sum  of  five  hundred  dol- 
lars, may  pay  to  said  affiant  or  affiants,  any  deposit  of  said  decedent,  if 
the  same  does  not  exceed  the  sura  of  five  hundred  dollars,  and  the 
receipt  of  such  affiant  is  sufficient  acquittance  therefor;  provided,  how- 
ever, that  whenever  the  affidavit  herein  mentioned  is  made  by  any 
guardian  it  shall  be  accompanied  by  a  certified  copy  of  the  letters  of 
guardianship  issued  to  such  guardian  attached  to  a  certificate  of  the 
clerk  of  the  court  having  appointed  such  guardian  to  the  effect  that 
the  said  letters  of  guardianship  have  not  been  revoked.  [Amendment 
approved  May  31,  1913;  Stats.   1913,  p.  333.] 

Also  amended  April  21,  1911  (Stats.  1911,  p.  1008). 

Partnership,  list  of  partners. 

§  18.     [Eepealed  May   6,    1913;    Stats.   1913,   p.    U6.] 

Capital  and  deposit  liabilities.     Of  savings  banks. 

§  19.  The  aggregate  of  paid-up  capital  together  with  the  surplus,  of 
every  commercial  bank,  must  equal  ten  per  centum  of  its  deposit  lia- 
bilities; such  deposit  liabilities  shall  not  be  increased  when  such  pro- 
portion of  paid-up  capital  and  surplus  is  wanting,  and  in  no  event  shall 
said  paid-up  capital  be  less  than  the  minimum  paid-up  capital  provided 
by  this  act;  provided,  however,  that  the  aggregate  of  paid-up  capital 
and   surplus   of    every    savings    bank    having   a    capital    stock,    and    the 


873  BANKS   AND    BANKING.  Act  297,  §  20 

reserve  fund  of  every  savings  bank  without  a  capital  stock,  must  equal 
the  following  percentages   of   its  deposit  liabilities: 

(a)  Ten  per  centum  of   any  amount  up  to  and  including  two   million 
dollars. 

(b)  Seven  and  one-half  per  centum  of  any  amount  in   excess  of  two 
million  dollars  up  to  and  including  five  million  dollars. 

(c)  Five   per   centum    of    any   amount    in    excess    of    five   million   dol- 
lars up  to  and  including  fifteen  million  dollars. 

(d)  Two  and  one-half  per  centum  of  any  amount  in  excess  of  fifteen 
million   dollars  up  to  and  including  forty  million   dollars. 

(e)  One  per  centum  of  any  amount  in  excess  of  forty  million  dollars. 
The   deposits   shall  not    be    increased    if    such   proportion   of   paid-up 

capital   and   surplus   or  reserve  fund   to   deposit   liabilities   is   not   main- 
tained.     [Amendment  approved  May  6,  1913;  Stats.  1913,  p.  146.] 

Reserve  of  depositary  banks.  Reserve  of  other  banks.  When  reserve 
falls  below  requirement. 
§  20.  Every  commercial  bank  receiving  deposits  as  a  depositary 
bank  of  other  banks  shall  have  at  all  times  as  its  lawful  money  reserve 
an  amount  equal  to  twenty  per  centum  of  the  aggregate  amount  of  its 
deposits.  Two-fifths  of  such  reserve  shall  be  in  its  own  keeping  in  law- 
ful money  of  the  United  States,  or  gold  certificates  or  silver  certificates 
of  the  United  States.  The  remaining  three-fifths  thereof  may  consist 
of  moneys  on  deposit  subject  to  call  with  any  bank  or  banks  in  this 
state  other  than  a  savings  bank;  or  one-half  of  such  three-fifths  or  any 
less  portion  thereof  may  consist  of  moneys  on  deposit  subject  to  call 
with  any  bank  or  banks  in  the  cities  of  New  York,  Chicago  or  St.  Louis, 
other  than  a  savings  bank,  and  the  balance  of  such  three-fifths,  of 
moneys  on  deposit  subject  to  call  with  any  bank  or  banks  in  this  state 
other  than  a  savings  bank.  Every  commercial  bank  not  receiving 
deposits  as  a  depositary  bank  of  other  banks  shall  have  at  all  timss 
as  its  lawful  money  reserve,  an  amount  equal  to  fifteen  per  centum  of 
the  aggregate  amount  of  its  deposits.  Two-fifths  of  such  reserve  shall 
be  in  its  own  keeping  in  lawful  money  of  the  United  States,  or  gold 
certificates  or  silver  certificates  of  the  United  States.  The  remaining 
three-fifths  thereof  may  consist  of  moneys  on  deposit  subject  to  call 
with  any  bank  or  banks  in  this  state  other  than  a  savings  bank;  or, 
one-half  of  such  three-fifths  or  any  less  portion  thereof  may  consist 
of  moneys  on  deposit  subject  to  call  with  any  bank  or  banks  in  the 
cities  of  Xew  York,  Chicago  or  St.  Louis,  other  than  a  savings  bank, 
and  the  balance  of  such  three-fifths,  of  moneys  on  deposit  subject  to 
call  with  any  bank  or  banks  in  this  state  other  than  a  savings  bank. 
If  the  lawful  money  reserve  of  any  bank  shall  be  less  than  the  amount 
required  by  this  section,  such  bank  shall  not  increase  its  liabilities 
by  making  any  new  loans  or  discounts,  otherwise  than  by  discounting 
bills  of  exchange  on  sight,  or  by  paying  any  dividends  from  profits  until 
the  full  amount   of  its   lawful   money  reserve   has  been   restored.     The 


Act  297,  §§  21, 21a  general  laws.  874 

superintendent  of  banks  may  notify  any  bank  whose  lawful  money 
reserve  shall  be  below  the  amount  herein  required,  to  restore  such 
reserve;  and,  if  it  shall  fail  for  thirty  days  thereafter  to  restore  such 
lawful  money  reserve,  such  bank  shall  be  deemed  insolvent  and  may  be 
proceeded  against  under  the  provisions  of  this  act;  provided,  that  all 
deposits  of  money  herein  permitted  or  required  shall  comply  with  the 
provisions  of  section  43  of  this  act.  [Amendment  approved  May  6,  1913; 
Stats.  1913,  p.  147.] 

Also  amended  April  21,  1911    (Stats.  1911,  p.   1009),   and  December  18,   1911 
(Stats.  Ex.   Sess.   1911,  p.   2). 

Dividends.  Surplus.  Charging  loss  to  surplus.  Depositors'  prior  claim. 
§  21.  The  directors  of  any  bank  having  a  capital  stock  may.  at 
certain  times,  and  in  such  manner  as  its  by-laws  prescribe,  declare 
and  pay  dividends  to  depositors  and  stockholders  of  so  much  of  the 
profits  of  the  bank,  and  of  the  interest  arising  from  the  capital,  surplus 
and  deposits,  as  may  be  appropriated  for  that  purpose  under  its  by-laws 
or  under  its  agreements  with  depositors,  but  every  such  bank  shall, 
before  the  declaration  of  any  such  dividend,  carry  at  least  one-tenth 
part  of  the  net  profits  of  the  stockholders  for  the  preceding  half  year, 
or  for  such  period  as  is  covered  by  the  dividend,  to  its  surplus,  until 
such  surplus  shall  amount  to  twenty-five  per  centum  of  its  paid-up 
capital  stock.  The  whole  or  any  part  of  such  surplus,  if  held  as  the 
exclusive  property  of  the  stockholders,  may  at  any  time  be  converted 
into  paid-in  capital,  in  which  event  such  surplus  shall  be  restored  in 
the  manner  above  provided  until  it  amounts  to  twenty-five  per  centum 
of  the  aggregate  paid-up  capital  stock.  Subject  to  the  provisions  of  sec- 
tion 19  of  this  act,  any  losses  sustained  by  any  such  bank  in  excess 
of  its  undivided  profits  may  be  charged  to  and  paid  from  its  surplus, 
in  which  event  such  surplus  shall  be  restored  in  the  manner  above  pro- 
vided, to  the  amount  required  by  law;  provided,  however,  that  any 
bank  which  has  invested  any  portion  of  its  surplus  in  its  bank  premises. 
furniture  and  fixtures,  vaults,  or  safe  deposit  vaults' and  boxes  neces- 
sary or  proper  to  carry  on  its  banking  business  shall  not  be  permitted 
to  charge  any  loss  to  that  portion  of  its  surplus  so  invested.  A  larger 
surplus  may  be  created  and  nothing  herein  contained  shall  be  con- 
strued as  prohibitory  thereof.  The  capital  and  assets  of  any  such  bank 
are  a  security  to  depositors  and  stockholders,  depositors  having  the 
prioritv  of  security  over  stockholders.  [Amendment  approved  May  6, 
1913;   Stats.   1913,  p.   147.] 

Preference  to  depositors.  Public  moneys  not  "borrowed  money."  Over- 
draft as  asset.  Bad  debt. 
§  21a.  No  bank,  banker,  or  bank  oflScer,  shall  give  preference  to  any 
depositor  or  creditor  by  pledging  the  assets  of  the  bank  as  collateral 
security,  except  as  otherwise  authorized  by  law;  provided,  that  any 
commercial  bank,  or  commercial  department  of  a  deinirtmental  bank, 
may   borrow  money  for   temporary   purposes,   and   may   pledge  assets   of 


875  BANKS  AND   BANKING.  Act  297,  §§  22,  23 

said  commercial  bank,  or  commercial  department  of  said  departmental 
bank,  not  exceeding  fifty  per  centum  in  excess  of  the  amount  bor- 
rowed, as  collateral  security  therefor;  provided,  that  any  public  moneys, 
or  postal  savings  monej's,  deposited  with  any  such  bank  under  any  pro- 
vision of  law,  shall  not  be  construed  as  "borrowed  money"  within  the 
meaning  of  this  section.  No  bank  shall  at  any  time,  without  permission 
of  the  superintendent  of  banks,  borrow  an  amount  exceeding  the  amount 
of  its  paid-up  capital  stock  and  surplus  at  such  time  actually  paid  in 
and  remaining  undiminished  by  losses  or  otherwise.  No  bank  shall 
make  partial  payments  upon  any  certificate  of  deposit.  In  no  case 
shall  an  overdraft  of  more  than  ninety  days  standing  be  allowed  as  an 
asset  of  any  bank.  Any  debt  due  to  any  cortimercial  bank,  on  which 
interest  is  past  due  and  unpaid  for  the  period  of  one  year,  unless  the 
same  is  well  secured,  and  is  in  process  of  collection,  shall  be  considered 
a  bad  debt  and  shall  be  charged  off  to  the  profit  and  loss  account  at 
the  expiration  of  that  time.  [New  section  approved  May  6,  1913; 
Stats.   1913,  p.   148.] 

Commercial  savings  and  trust  combination. 

§  22.  Any  corporation  authorized  by  its  articles  of  incorporation  so 
to  do,  may  combine  the  business  of  a  commercial  bank  and  savings 
bank  and  trust  company,  or  any  one  or  more  or  all  of  them;  provided, 
that  no  corporation  authorized  to  transact  a  trust  business  and  which 
is  also  organized  to  engage  in  the  business  of  title  insurance,  shall 
engage  in  or  combine  the  business  of  a  commercial  bank  or  savings  bank. 
[Amendment  approved  May  6,   1913;  Stats.  1913,  p.  149.] 

Consent  to  do  departmental  business.     Capital  stock. 

§  23.  When  a  bank  desires  to  do  a  departmental  business,  it  shall 
first  obtain  the  consent  of  the  superintendent  of  banks,  and  in  its 
application  therefor,  file  a  statement  making  a  segregation  of  its  capital 
and  surplus  for  each  department.  Such  capital  and  surplus,  when  so 
apportioned  and  approved  by  the  superintendent  of  banks,  shall  be 
considered  and  treated  as  the  separate  capital  and  surplus  of  such 
department  as  if  each  department  was  a  separate  bank.  Thereafter  a 
bank  may,  from  time  to  time,  with  the  previous  consent  and  approval 
of  the  superintendent  of  banks  and  subject  to  the  provisions  of  section 
19  of  this  act,  change  any  segregation  and  apportionment  of  capital 
and  surplus  previously  made  and  make  a  new  segregation  and  appor- 
tionment of  its  capital  and  surplus.  Every  bank  hereafter  organized 
doing  a  departmental  business  shall  have  paid  up,  in  cash,  capital  stock 
as  follows: 

Place  of  five  thousand  persons. 

(a)  In  any  locality  in  which  the  population  does  not  exceed  five 
thousand  persons,  not  less  than  twenty-five  thousand  dollars  if  it  trans- 
acts both  a  commercial  and  savings  business,  or  not  less  than  one  hun- 
dred   twenty-five    thousand    dollars,    if    it    transacts    both    a    commercial 


Act  297,  §  23  GENERAL   LAWS.  876 

and  trust  business,  or  not  less  than  one  hundred  twenty-five  thousand 
dollars  if  it  transacts  both  a  savings  and  trust  business  and  not  less 
than  one  hundred  twenty-five  thousand  dollars  if  it  transacts  a  commer- 
cial, savings  and  trust  business. 

More  than  five  thousand  persons. 

(b)  In  any  city  in  which  the  population  is  more  than  five  thousand 
persons,  but  does  not  exceed  twenty-five  thousand  persons,  not  less 
than  fifty  thousand  dollars  if  it  transacts  both  a  commercial  and  sav- 
ings business,  or  not  less  than  one  hundred  fifty  thousand  dollars  if  it 
transacts  both  a  commercial  and  trust  business,  or  not  less  than  one 
hundred  fifty  thousand  dollars  if  it  transacts  both  a  savings  and  trust 
business,  and  not  less  than  one  hundred  fifty  thousand  dollars  if  it 
transacts  a  commercial,  savings  and  trust  business. 

More  than  twenty-five  thousand  persons. 

(e)  In  any  city  in  which  the  population  is  more  than  twenty-five 
thousand  persons  but  does  not  ex'-eed  one  hundred  thousand  persons,  not 
less  than  one  hundred  thousand  dollars,  if  it  transacts  both  a  commer- 
cial and  savings  business,  or  not  less  than  two  hundred  thousand  dollars 
if  it  transacts  both  a  commercial  and  trust  business,  or  not  less  than 
two  hundred  thousand  dollars  if  it  transacts  both  a  savings  and  trust 
business,  and  not  less  than  two  hundred  thousand  dollars  if  it  transacts 
a   commercial,  savings   and   trust  business. 

More  than  one  hundred  thousand  persons. 

(d)  In  any  city  in  which  the  pojmlation  is  more  than  one  hundred 
thousand  persons  but  does  not  exceed  two  hundred  thousand  persons, 
not  less  than  two  hundred  thousand  dollars,  if  it  transacts  both  a  com- 
mercial and  savings  business,  or  not  less  than  four  hundred  thousand 
dollars,  if  it  transacts  both  a  commercial  and  trust  business,  or  not 
less  than  four  hundred  thousand  dollars  if  it  transacts  both  a  savings 
and  trust  business,  and  not  less  tlian  four  hundred  thousand  dollars 
if  it   transacts   a   commercial,   savings   and    trust    business. 

More  than  two  hundred  thousand  persons.     Not  applicable  to  existing 
banks.     May  not  decrease  capital.     Census. 

(e)  In  any  city  in  which  the  jjopulation  exceeds  two  hundred  thousand 
persons,  not  less  than  three  hundred  thousand  dollars  if  it  transacts  both 
a  commercial  and  savings  business,  or  not  less  than  five  hundred  thou- 
sand dollars  if  it  transacts  both  a  commercial  and  trust  business,  or 
not  less  than  five  hundred  thousand  dollars  if  it  transacts  both  a 
savings  and  trust  business,  and  not  less  than  five  hundred  thousand 
dollars  if  it  transacts  a  commercial,  savings  and  trust   business. 

The  foregoing  classification  shall  not  apply  to  any  bank  already  in 
existence  which  has  received  from  the  superintendent  of  banks  a  cer- 
tificate to  do  a  banking  business;  nor  to  any  bank  the  location  of 
which  shall   have  been   included   bv   annexation   or   consolidation   within 


877  BANKS    AND    BANKING.  Act  297,  §  §  24,  25 

tlie  limits  of  a  city  of  a  class  requiring  a  larger  capitalization,  but 
no  bank  thus  excepted  shall  he  permitted  to  establish  any  new  branch 
oiBce  as  provided  in  section  9  of  this  act  or  to  remove  its  place  of  busi- 
ness from  the  original  limits  of  the  city  or  township  wherein  it  w^as 
located  prior  to  such  annexation  or  consolidation  until  it  shall  have 
the  capital  required  of  banks  in  such  city  not  within  said  exception. 
Such  excepted  banks  may  not  in  any  case  decrease  their  capital 
stock  but  may  increase  the  same  in  the  manner  provided  by  law  to  an 
amount  either  greater  or  less  than  that  required  of  banks  in  such  city 
not  within  said  exception.  The  capital  stock  referred  to  herein  shall 
be  increased  from  time  to  time  and  to  the  same  extent  as  provided 
for  in  section  19  of  this  act.  For  the  purposes  of  this  act,  the  popula- 
tion shown  and  determined  by  the  last  preceding  federal  census,  or 
any  subsequent  census  compiled  and  certified  under  any  law  of  this 
state,  shall  be  deemed  to  be  the  popuiation  of  any  city  in  which  any 
such  bank  is  to  be  organized.  If  the  principal  place  of  business 
of  any  bank  so  organized  is  located  outside  of  the  corporate  limits 
of  any  city,  then  the  population  of  that  portion  of  the  judicial  town- 
ship in  which  said  bank  is  to  have  its  principal  place  of  business,  which 
is  not  included  within  the  boundaries  of  any  municipal  corporation, 
as  such  population  is  shown  and  determined  by  such  federal  or  subse- 
quent official  census,  shall  be  the  basis  for  classification  under  the 
provisions  of  this  act.  [Amendment  approved  May  6,  1913;  Stats.  1913, 
p.  149.] 

Also  amended  April  21,   1911    (Stats.   1911,  p.   1010). 

Opening  new  department.     Fee. 

§  24.  Every  bank,  before  it  commences  to  do  business  or  before  it 
opens  a  new  department  and  commences  to  transact  business  in  or  under 
such  new  department,  shall  obtain  the  certificate  of  the  superintendent 
of  banks  for  the  opening  of  each  of  the  departments  specified.  Kafii 
certificate  herein  provided  for  shall  be  given  when  the  superintendent 
shall,  by  the  examination  required  by  this  act,  have  satisfied  himself 
that  the  proper  amount  of  cash  has  been  paid  in  as  capital  and  the 
provisions  of  this  act  complied  with.  The  applicant  shall  pay  for  the 
certificate  for  each  department  a  fee  of  fifty  dollars.  [Amendment  ap- 
proved  May   6,   1913;    Stats.   1913,  p.   150.] 

Department  reserve  and  deposits. 

§  25.  Every  bank  shall  maintain  for  each  department  a  lawful  money 
reserve  equal  in  amount  to  that  required  by  this  act  for  the  respect- 
ive business  conducted,  and  shall  keep  separate  and  distinct  the  lawful 
money  reserve  of  any  department  from  that  of  any  other  department; 
and  all  deposits  made  with  other  banks,  whether  temporary  or  other- 
wise, shall  be  assets  of  the  respective  departments  by  which  they  were 
made,  and  shall  be  so  carried  on  the  books  of  such  other  banks,  and 
shall  be  repaid  only  upon  the  order  of  the  department  to  whose  credit 


Act  297,  §§  27-31  general  laws. 

they  stand.  No  department  shall  receive  deposits  of  any  other  depart- 
ment of  the  same  corporation;  except  that  a  trust  department  may 
make  deposits  of  trust  or  any  other  funds  under  its  control  with  the 
commercial  or  savings  department  of  the  same  corporation;  provided, 
however,  that  any  bank  having  departments  shall  have  the  right  to 
sell  and  transfer  any  bonds,  securities  or  loans  from  one  department 
to  another  upon  receipt  of  the  actual  value  thereof,  if  such  bonds,  se- 
curities or  loans  are,  under  the  provisions  of  this  act,  a  legal  invest- 
ment for  the  department  purchasing  the  same.  [Amendment  approved 
May  6,  1913;  Stats.  1913,  p.  151.] 

Assets  to  repay  department  depositors. 

§  27.  All  money  and  assets  belonging  to  each  department,  whether 
on  hand  or  with  other  banks,  and  the  investments  made,  shall  be  held 
solely  for  the  repayment  of  the  depositors  and  other  claimants  of  each 
such  department,  as  herein  provided,  until  all  depositors  and  other 
claimants  of  each  such  department  shall  have  been  paid,  and  the  over- 
plus then  remaining  shall  be  applied  to  any  other  liabilities  of  such 
bank.     [Amendment  approved  May  6,  1913;  Stats.  1913,  p.  151.] 

Window  signs,  etc. 

§  28.  Every  bank  in  this  state  musf,  on  all  its  window  signs  and  in 
advertising,  and  on  letter-heads  and  other  stationery  on  which  its  busi- 
ness is  transacted,  use  the  word  "savings"  if  it  conducts  a  savings 
business,  or  the  word  "trust"  if  it  conducts  a  trust  business,  and  the 
word  "commercial"  if  it  conducts  a  commercial  business.  [Amendment 
approved  May  6,  1913;  Stats.  1913,  p.  151.] 

Sale  of  business.  Conditions  of  sale  stated.  Rights  of  creditors.  Pub- 
lication of  notice. 
§  31.  Any  bank  may  sell  the  whole  of  its  business  or  the  whole  of 
the  business  of  any  of  its  departments  to  any  other  bank  which  may 
purchase  such  business  after  obtaining  the  consent  of  the  stockholders 
of  the  selling  and  of  the  purchasing  bank  holding  of  record  at  le.i-' 
two-thirds  of  the  issued  capital  stock  of  each  of  such  corporations;  su.  '. 
consent  to  be  expressed  either  in  writing  executed  and  acknowledgi  i 
by  such  stockholders  and  attached  to  the  instrument  of  sale,  or  to  a 
copy  thereof,  or  by  vote  at  a  stockholders'  meeting  of  each  of  such 
banks  called  for  that  purpose.  The  selling  and  purchasing  banks  must 
for  such  purposes  enter  into  an  agreement  of  sale  and  purchase,  which 
'agreement  shall  contain  all  the  terms  and  conditions  connected  with 
such  sale  and  purchase.  Such  agreement  shall  contain  proper  provision 
for  the  payment  of  liabilities  of  the  selling  bank  or  of  the  department 
sold,  and  in  this  particular  shall  be  subject  to  the  approval  of  the  super- 
intendent of  banks;  and  shall  not  be  valid  until  such  approval  is  ob- 
tained. Such  agreement  may  contain  provisions  for  the  transfer  of 
all  deposits  to  the  purchasing  bank,  subject,  however,  to  the  right 
of  every  depositor   of   the  selling  bank  to  withdraw  his  deposit  in   full 


1 


879  BANKS   AND  BANKING.  Act  297,  §  31a 

on  demand  after  such  transfer,  irrespective  of  the  terms  under  which  it 
was  deposited  with  the  selling  bank.  The  rights  of  creditors  of  the 
selling  bank  shall  not  in  any  manner  be  impaired  by  any  such  sale, 
nor  shall  any  liability  or  obligation  for  the  payment  of  any  money  due 
or  to  become  due,  or  any  claim  or  demand,  in  any  manner,  or  for 
any  cause  existing  against  such  selling  bank  or  against  any  stock- 
holder thereof,  be  in  any  manner  released  or  impaired,  and  all  the 
rights,  obligations  and  relations  of  all  the  parties,  creditors,  depositars, 
trustees  and  beneficiaries  of  trusts  shall  remain  unimpaired  by  the  sale, 
but  such  bank  to  which  the  other  shall  sell  all  its'  business  or  all  the 
business  of  any  of  its  departments,  shall  succeed  to  all  such  relations, 
obligatio'ns,  trusts  and  liabilities  and  be  held  liable  to  pay  and  dis- 
charge all  such  debts  and  liabilities  and  to  perform  all  such  trusts  of 
the  selling  bank  in  the  same  manner  as  if  such  bank  to  which  the  other 
had  sold  had  itself  incurred  the  obligation  or  liability  or  assumed  the 
relation  of  trust,  and  the  stockholders  of  the  respective  corporations 
so  entering  into  such  agreement  shall  continue  subject  to  all  the  liabili- 
ties, claims  and  demands  existing  against  them  as  such  at  or  before 
such  sale.  Immediately  after  the  execution  of  such  agreement  of  sale 
and  purchase  notice  thereof  shall  be  published  for  at  least  four  suc- 
cessive weeks  in  a  newspaper  in  each  of  the  counties  of  the  state  in 
which  either  of  such  banks  shall  have  its  principal  place  of  business; 
provided,  however,  that  no  action  can  be  brought  against  such  selling 
bank  or  any  of  its  stockholders  on  account  of  any  deposits  so  trans- 
ferred after  the  expiration  of  one  year  from  the  last  day  of  publica- 
tion herein  required.  An  affidavit  showing  such  publication  shall  be 
filed  in  the  office  of  the  superintendent  of  banks  within  ten  days  after 
the  last  publication  thereof.  The  affairs  of  such  selling  bank,  or  selling 
department  of  a  bank,  shall  remain  subject  to  the  provisions  of  this 
act.     [Amendment  approved  May  6,  1913;   Stats.  1913,  p.  151.] 

Consolidation.  Ratification  by  stockholders.  Notice.  Articles  of  incor- 
poration and  consolidation.  Obligations  not  impaired.  Eight  to 
increase  stock. 
§  31a.  Any  bank  incorporated  under  the  laws  of  this  state  may 
consolidate  with  one  or  more  banks  incorporated  under  the  laws  of  this 
state,  its  capital  stock,  properties,  trusts,  claims,  demands,  contracts, 
agreements,  obligations,  debts,  liabilities  and  assets  of  every  kind  and 
description,  upon  such  terms  and  in  such  manner  as  may  be  agreed  upon 
by  their  respective  boards  of  directors,  a  copy  of  which  agreement  must 
be  filed  in  the  office  of  the  superintendent  of  banks;  provided,  that 
such  agreement  shall  be  subject  to  the  approval  of  the  superintendent 
of  banks  and  shall  not  be  valid  until  such  approval  be  obtained;  pro- 
vided, further,  that  no  such  consolidation  shall  take  effect  until  such 
agreement  shall  have  been  ratified  .and  confirmed  in  writing  by  the 
stockholders  of  the  respective  banks  holding  of  record  at  least  two-thirds 
of  the  issued  capital  stock  of  their  respective  banks,  or  such  agreement 


Act  297,  §  31a  general  laws.  880 

may  be  submilted  to  the  stockholders  of  each  of  such  corporations  at 
a  meeting  thereof  to  be  called  upon  notice  specifying  the  time,  place 
and  object  thereof,  addressed  to  each  stockholder  at  his  last  known 
postoffice  address  and  deposited  in  the  postoffice,  postage  prepaid,  at 
least  two  weeks  prior  to  the  date  fixed  for  said  meeting,  and  published 
for  at  least  two  successive  weeks,  prior  to  the  date  of  said  meeting,  in 
a  newspaper  in  each  of  the  counties  of  the  state  in  which  any  of  such 
banks  shall  have  its  principal  place  of  business,  and  if  such  agreement 
shall  be  approved  at  each  of  such  meetings  of  the  respective  stock- 
holders separately  by  the  vote  or  ballot  of  the  stockholders  owning  at 
least  two-thirds  of  the  stock  of  each  such  bank,  the  same  shall  be  the 
agreement  of  such  banks.  In  ease  of  such  consolidation  "articles  of 
incorporation   and   consolidation"    must   be   prepared,    setting   forth: 

First — The   name   of  the  new   corporation; 

Second — The  purpose  for  which  it  is  formed; 

Third — The   place    where   its   principal    business   is   to   be   transacted; 

Fourth — The  term  for  which  it  is  to  exist,  which  shall  not  exceed 
fifty  years; 

Fifth — The  number  of  its  directors  (which  shall  not  be  less  than 
three)  and  the  names  and  residences  of  the  persons  appointed  to  act 
as    such   until   their   successors   are    elected    and    qualified; 

Sixth — The  amount  of  its  capital  stock  and  the  number  of  shares 
into   which   it   is   divided; 

Seventh — The    amount    of    stock    actually    subscribed    and    by    whom; 

Eighth — The  names  of  the  constituent   corporations. 

Said  articles  of  incorporation  and  consolidation  must  be  signed  and 
countersigned  by  the  president  and  secretary  of  each  constituent  cor- 
poration and  sealed  with  their  corporate  seals.  There  must  be  annexed 
thereto  the  approval  of  the  superintendent  of  banks  and  memoranda 
of  the  ratification  and  confirmation  thereof  by  the  stockholders  of  each 
constituent  corporation,  which  must  be  respectively  signed  and  acknowl- 
edged by  stockholders  representing  at  least  two-thirds  of  the  capital 
stock  of  their  respective  corporations.  When  completed  as  aforesaid 
said  articles  must  be  filed  in  the  office  of  the  county  clerk  of  the  county 
in  which  is  located  the  principal  place  of  business  of  the  new  cor- 
poration, and  a  copy  of  the  articles  of  incorporation  and  consolidation 
certified  by  such  countj'-  clerk  must  be  filed  in  the  office  of  the  secretary' 
of  state,  and  a  copy  of  the  articles  of  incorporation  and  consolidation 
certified  by  said  secretary  of  state  must  be  filed  in  the  office  of  the 
superintendent  of  banks,  and  also  in  the  office  of  the  county  clerk  of 
any  count)''  in  which  were  filed  the  original  articles  of  incorporation  of 
either  of  the  constituent  corporations,  and  thereupon  each  constituent 
corporation  named  therein  must  be  deemed  and  held  to  have  become 
extinct  in  all  courts  and  places,  and  said  new  corporation  must  be 
deemed  and  held  in  all  courts  and  places  to  have  succeeded  to  all  their 
several  capital  stocks,  properties,  trusts,  claims,  demands,  contracts, 
agreements,   assets,  choses   and   rights   in   action   of  every   kind  and  de- 


881  BANKS   AND   BANKING.  Act  297,  §§  32,  33 

scription,  both  at  law  and  in  equity,  and  to  be  entitled  to  possess,  enjoy, 
and  enforce  the  same  and  every  thereof,  as  fully  and  completely  as 
either  and  every  of  its  constituents  might  have  done  had  no  consoli- 
dation taken  place.  Said  consolidated  or  new  corporation  must  also, 
in  all  courts  and  places,  be  deemed  and  held  to  have  become  subrogated 
to  its  several  constituents  and  each  thereof,  in  respect  to  all  their  con- 
tracts and  agreements  with  other  parties,  and  all  their  debts,  obliga- 
tions, and  liabilities,  of  every  kind  and  nature,  to  any  persons,  cor- 
porations, or  bodies  politic,  whomsoever,  or  whatsoever,  and  said  new 
corporation  must  sue  and  be  sued  in  its  own  name  in  any  and  every 
case  in  which  any  or  either  of  its  constituents  might  have  sued  or 
might  have  been  sued  at  law  or  in  equity  had  no  such  consolidation  been 
made.  Nothing  in  this  section  contained  sliall  be  construed  to  impair 
the  obligation  of  any  contract  to  which  any  of  such  constituents  were 
parties  at  the  date  of  such  consolidation.  All  such  contracts  may  be 
enforced  by  action  or  suit,  as  the  ease  may  be,  against  the  consolidated 
corporation,  and  satisfaction  obtained  out  of  the  property  which,  at  the 
date  of  the  consolidation,  belonged  to  the  constituent  which  was  a  party 
to  the  contract  in  action  or  suit,  as  well  as  out  of  any  other  property 
belonging  to  the  consolidated  corporation,  and  the  stockholders  of  each 
constituent  corporation  so  entering  into  such  agreement  shall  continue 
subject  to  all  the  liabilities,  claims  and  demands  existing  against  them 
at  or  before  such  consolidation  to  the  same  extent  as  if  the  same  had 
not  been  made.  The  right  of  said  new  corporation  to  increase  or  de- 
crease its  capital  stock,  to  change  the  number  of  its  directors,  to  amend 
its  articles  of  incorporation,  to  change  its  principal  place  of  business, 
or  its  name,  or  to  effect  any  other  organic  change  shall  be  governed 
by  the  general  corporation  laws  of  this  state  and  by  the  bank  act,  and 
the  procedure  to  effect  any  such  change  shall  be  that  defined  by  the 
general  corporation  laws  and  the  bank  act.  [New  section  approved  May 
6,   1913;    Stats.   1913,  p.   152.] 

Not  to  mingle  trust  funds. 

§  32.  Any  bank  receiving  trust  funds  in  accordance  with  the  pro- 
visions of  this  act  relating  to  trust  companies  must  not  mingle  such  trust 
funds  with  the  other  assets  of  the  corporation,  except  as  otherwise  pro- 
vided in  section  25  of  this  act,  and  such  funds  shall  not  be  carried  or 
counted  as  any  part  of  the  lawful  money  reserve  provided  for  in  this 
act.  The  officers  of  any  bank  who  knowingly  violate  or  consent  to  the 
violation  of  this  provision  shall  be  guilty  of  a  felony.  [Amendment 
approved  May  6,  1913;   Stats.  1913,  p.  155.] 

Officers  not  to  borrow  funds. 

§  33.     [Amended  April  21,  1911   (Stats.  1911,  p.  1011).     Repealed  May 
6,  1913.     (Stats.  1913,  p.  155).] 
56 


Act  297,  §§34-39  general  laws.  882 

Not  to  invest  in  own  stock.    Penalty. 

§  34.  No  bank  shall  purchase  or  invest  its  capital  or  surplus  or 
money  of  its  depositors,  or  any  part  of  either,  in  shares  of  its  own 
capital  stock;  nor  loan  its  capital  or  surplus  or  the  money  of  its  de- 
positors, or  any  part  of  either,  on  shares  of  its  own  capital  stock,  unless 
such  purchase  or  loan  shall  be  necessary  to  prevent  loss  to  such  bank  on 
debts  previously  contracted  in  good  faith.  Every  person  or  corporation 
violating  any  provision  of  this  section  shall  forfeit  to  the  people  of 
the  state  twice  the  nominal  amount  of  such  stock.  [Amendment  ap- 
proved May  6,  1913;   Stats.   191.3,  p.  155.] 

Officer  not  to  sell  notes  to  bank.     Penalty. 

§  35.  Xo  director,  or  officer,  or  employee,  or  controlling  stockholder 
of  any  bank  shall,  directly  or  indirectly,  for  his  own  account,  to 
himself,  or  as  the  partner  or  agent  of  others,  sell  or  transfer,  or  cau-e 
to  be  sold  or  transferred  to  the  bank  of  which  he  is  a  director,  officer, 
employee,  or  controlling  stockholder,  any  note  or  bond  secured  by  auy 
mortgage  or  trust  deed  on  real  estate  or  any  contract  arising  from  the 
sale  of  real  estate  in  which  such  director,  or  officer,  or  employee,  or 
controlling  stockholder  is  personally  or  financially  interested,  without 
tile  consent  in  writing  of  the  superintendent  of  banks.  Any  directc/r, 
or  officer,  or  employee,  or  controlling  stockholder  of  any  bank  who 
knowingly  violates  or  consents  to  the  violation  of  this  provision  shall  be 
guilty  of  a  felony.  [Amendment  approved  May  6,  1913;  Stats.  1913, 
p.  155.] 

Also   amended   April   21,    1911     (Stats.    1911,    p.    1011). 

Not  to  invest  in  own  stock.     Penalty. 

§  37.  Xo  bank  shall  ])urchase  or  invest  its  capital  or  surplus  or 
money  of  its  depositors,  or  any  part  of  either,  in  the  capital  stork  of 
any  corporation  unless  the  purchase  or  acquisition  of  such  capital  stock 
shall  be  necessary  to  prevent  loss  to  the  bank  on  a  debt  previously  con- 
tracted in  good  faith.  .  Any  capital  stock  so  purchased  or  acquired  shall 
be  sold  by  such  bank  within  six  months  thereafter  if  it  can  be  sold 
for  the  amount  of  the  claim  of  such  bank  against  it;  and  all  capital 
stock  thus  purchased  or  acquired  must  be  sold  for  the  best  price  ob- 
tainable by  said  bank  within  one  j-ear  after  such  purchase  or  acquisi- 
tion. Every  person  or  corporation  Aiolating  anv  provision  of  this  sec- 
tion shall  forfeit  to  the  people  of  the  state  twice  the  nominal  amount 
of  such  stock.     [Amendment  approved  May  6,  1913;  Stats.  1913,  p.  155.] 

Officer  may  not  overdraw  account. 

§  39.  Any  officer,  director,  agent,  teller,  clerk  or  employee  of  any 
bank  who  either, 

First.  Knowingly  overdraws  his  account  with  such  bank,  and  thereby 
obtains  the  money,  notes  or  funds  of  any  such  bank;  or, 

Second.  Asks  or  receives  or  consents  or  agrees  to  receive  any  commis- 
sion, emolument,  gratuity  or  reward,  or  any  money,  propertj'  or  thing  of 


883  BANKS   AND   BANKING.  Act  297,  §§  41-44 

value,  for  tis  own  personal  benefit,  or  of  personal  advantage,  for  procur- 
ing or  endeavoring  to  procure  for  any  person,  firm  or  corporation  any  loan 
from,  or  the  purchase  or  discount  of  any  paper,  note,  draft,  check  or  bill 
of  exchange,  by  such  bank,  or  for  permitting  any  person,  firm  or  corpora- 
tion to  overdraw  any  account  with  such  bank,  is  guilty  of  a  felony. 
[Amendment  approved  April  21,  1911;  Stats.  1911,  p.  1011.] 

Officer  not  to  purchase  obligation  at  discount. 

§  41.  No  officer,  director,  agent,  or  other  employee  of  any  bank  shall 
directly  or  indirectly,  for  his  own  personal  benefit,  purchase,  or  be  in- 
terested in  the  purchase  of  any  obligation  of  said  bank  for  a  less  sum 
than  shall  appear  upon  the  face  of  such  obligation  to  be  the  value  thereof. 
Every  person  violating  any  provision  of  this  section,  shall  for  each 
offense  forfeit  to  the  people  of  the  state,  three  times  the  face  value  of 
anv  such  obligation  so  purchased.  [Amendment  approved  May  6,  1913; 
Stats.  1913,  p.  156.] 

Officer  not  to  purchase  assets  at  discount. 

§  42.  No  officer,  director,  agent  or  other  employee  of  any  bank,  shall 
directly  or  indirectly,  for  his  own  personal  benefit,  purchase,  or  be  in- 
terested in  the  purchase  of  any  of  the  assets  of  said  bank  for  a  less  sum 
than  the  current  market  value  thereof.  Every  person  violating  any 
provision  of  this  section,  shall  for  each  offense,  forfeit  to  the  people  of 
the  state,  twice  the  nominal  amount  of  any  such  assets  so  purchased. 
[Amendment  approved  May  6,  1913;  Stats.  1913,  p.  156.] 

Deposit  of  funds  in  another  bank. 

§  43,  No  bank  shall  deposit  any  of  its  funds  in  any  other  bank  unless 
such  other  bank  has  been  designated  as  a  depositary  for  its  funds  by  the 
vote  of  a  majority  of  the  directors  or  trustees  of  the  bank  making  the 
deposit,  exclusive  of  the  vote  of  any  director  who  is  an  officer,  director, 
or  trustee  of  the  depositary  so  designated;  provided,  however,  that  any 
bank  may  designate  any  other  bank  its  depositary  by  vote  of  a  majority 
of  its  directors,  including  the  vote  of  any  director  or  trustee  who  is  an 
officer,  director  or  trustee  of  the  depositary  so  designated,  if  such  bank 
has  secured  the  previous  approval  of  the  superintendent  of  banks,  which 
approval  he  niav  at  anv  time  revoke  for  proper  cause.  [Amendment  ap- 
proved May  6,  1913;  Stats.  1913,  p.  156.] 

Also  amended  April  21,   1911    (Stats.   1911,  p.  1012). 

Loan  on  stock  of  another  bank. 

§  44.  No  bank  shall  hereafter  make  a  loan  secured  by  the  stock  of 
another  bank,  if  by  making  such  loan  the  total  stock  of  such  other  bank 
held  by  such  loaning  bank  as  collateral  will  exceed  in  the  aggregate 
twenty-five  per  centum  of  the  capital  stock  of  such  other  bank;  provided, 
that  no  loan  upon  the  capital  stock  of  any  bank  shall  be  made  unless  such 
bank  has  been  in  existence  at  least  two  years  and  has  earned  and  paid  a 
dividend  upon  its  capital  stock;  and  provided,  further,  that  no  bank  may 


Act  297,  §§47-49  general  laws.  884 

loan  more  than  five  per  centum  of  its  assets  upon  the  capital  stock  of 
any  corporation  whatsoever  as  collateral  security.  [Amendment  ap- 
proved May  6,  1913;  Stats.  1913,  p.  156.] 

Loan  on  real  estate.    Limit  on  real  estate  loan. 

§  47.  No  commercial  bank  shall,  except  for  the  purpose  of  facilitating 
the  sale  of  property  owned  by  the  bank  make  any  loan  on  the  security 
of  real  estate,  unless  it  is  a  first  lien  and  is  either, 

(1)  Made  for  a  period  of  time  not  exceeding  six  months  and  upon 
security  worth  fifteen  per  centum  more  than  the  market  value  of  the 
real  estate  taken  as  security;  or 

(2)  Made  for  a  period  of  time  exceeding  six  months  and  not  exceed- 
ing ten  years  and  does  not  exceed  sixty  per  centum  of  the  market  value 
of  the  real  estate  taken  as  security. 

No  commercial  bank  shall  loan  in  the  aggregate  more  than  thirty-five 
per  centum  of  its  assets  on  real  estate  loans  of  the  character  specified  in 
subdivision  2  of  this  section.  These  provisions,  however,  shall  not  pre- 
vent any  bank  from  taking  another  and  immediately  subsequent  mort- 
gage or  deed  of  trust  thereon  when  it  already  holds  a  first  mortgage  or 
deed  of  trust  on  such  real  estate,  nor  from  accepting  a  second  lien  on  real 
estate  to  secure  the  repayment  of  a  debt  previously  contracted  in  good 
faith;  nor  shall  it  prevent  subsequent  liens  of  any  kind  from  being  taken 
to  secure  the  payment  of  a  debt  previously  contracted  in  good  faith  when, 
in  the  judgment  of  the  directors  of  such  bank,  such  sxibsequent  liens  are 
necessary  further  to  secure  the  payment  of  any  debts  and  save  such  bank 
from  loss.     [Amendment  approved  May  G,  1913;  Stats.  1913,  p.  156.] 

Examination  of  national  banks. 

§  48.  Any  national  ban'k  in  this  state  receiving  the  deposits  of  any 
bank  organized  and  conducting  business  under  this  act,  must,  at  the 
request  of  the  superintendent  of  banks,  submit  to  an  examination  by 
him,  or  his  duly  appointed  examiners,  should  the  superintendent  of  banks 
in  his  discretion  deem  it  necessary  or  desirable  that  such  examination  be 
made;  and  the  expense  of  such  examination  shall  be  paid  by  such  national 
bank;  and  if  any  such  national  bank  shall  refuse  to  permit  such  exam- 
ination to  be  made  by,  or  under  the  direction  of  the  superintendent  of 
banks,  then  the  superintendent  of  banks  shall  notify  in  writing  every 
bank  depositing  its  funds  with  such  national  bank,  to  withdraw  its  de- 
posits therefrom,  and  all  such  banks  shall  comply  with  such  order. 
[Amendment  approved  May  6,  1913;  Stats.  1913,  p.  157.] 

Commercial  bank  not  to  advertise  as  savings  bank.     Penalty. 

§  49.  It  shall  not  be  lawful  for  any  commercial  bank,  individual,  trust 
company,  association,  firm,  stock  company,  copartnership  or  corporation, 
to  advertise  or  put  forth  a  sign  as  a  savings  bank,  either  directly  or  in- 
directly, or  in  any  way  to  solicit  or  receive  deposits  or  to  transact  busi- 
ness in  the  way  or  manner  of  a  savings  bank,  or  advertise  that  he  or  it 


885  BANKS    AND    BANKING.  Act  297,  §§  50-54 

is  receiving  or  accepting  savings,  or  in  any  way  which  might  lead  the 
public  to  believe  that  such  deposits  are  received  or  invested  under  the 
same  conditions  or  in  the  same  manner  as  deposits  in  savings  banks, 
except  in  the  case  of  savings  banks  or  banks  having  savings  departments, 
subject  to  the  provisions  of  this  act.  Any  commercial  bank,  individual, 
trust  company,  association,  firm,  stock  companj^,  copartnership  or  cor- 
poration, violating  any  provision  of  this  section  shall  forfeit  to  this 
state  one  hundred  dollars  a  day  for  every  day  during  which  such  viola- 
tion continues.  [Amendment  approved  May  6,  1913;  Stats.  1913,  p.  157.] 
Also  amended  April  21,  1911   (Stats.   1911,  p.  1012). 

Posting  certificate. 

§  50.  Every  bank  shall  post  in  a  conspicuous  place  in  its  banking- 
room  or  branch  office  the  last  certificate  obtained  from  the  superintendent 
of  banks  under  the  provisions  of  either  section  9  or  127  of  this  act. 
[Amendment  approved  May  6,  1913;  Stats.  1913,  p.  158.] 

Certified  checks, 

§  52.  Whenever  a  check  drawn  on  any  bank  is  certified  by  any  officer 
or  employee  of  such  bank,  the  amount  thereof  shall  be  immediately 
charged  against  the  account  of  the  person,  firm  or  corporation  drawing 
the  same.  It  shall  be  unlawful  for  any  officer  or  employee  of  any  bank 
to  certify  any  check  drawn  upon  such  bank  unless  the  person,  firm  or 
corporation  drawing  the  check  has  on  deposit  with  the  bank  at  the 
times  such  check  is  certified,  an  amount  of  money  subject  to  the  payment 
of  such  check,  equal  to  the  amount  specified  in  such  check.  Any  officer 
or  employee  of  any  bank  who  shall  willfully  violate  the  provisions  of 
this  section,  or  shall  resort  to  any  device,  or  receive  any  fictitious  obliga- 
tions, directly  or  indirectly,  in  order  to  evade  the  provisions  hereof,  or 
who  shall  certify  checks  before  the  amount  thereof  shall  have  been  regu- 
larly entered  to  the  credit  of  the  drawer,  shall  be  guilty  of  a  felony. 
[New  section  approved  April  21,  1911;   Stats.  1911,  p.   1012.] 

Par  value  of  capital  stock. 

§  53.  The  capital  stock  of  any  bank  having  a  capital  stock,  shall  have 
a  par  value  of  at  least  one  hundred  dollars  and  the  paid-up  value  shall 
be  indorsed  on  the  face  of  each  certificate  issued,  which  paid-up  value 
shall  be  the,  same  on  all  certificates  issued.  No  bank  shall  have  pre- 
ferred stock.    [New  section  approved  April  21,  1911;  Stats.  1911,  p.  1016.] 

Real  estate  to  be  sold  within  five  years.    Appraisal  of  value.     Notice  of 

sale.     IVIinimum  price.     Fees  and  cost. 

§  5J:.  All  real  estate  purchased  by  any  bank  at  sales  under  pledges, 
mortgages  or  deeds  of  trust  for  its  benefit  for  money  loaned  and  such 
as  may  be  conveyed  to  it  by  borrowers  in  satisfaction  and  discharge  of 
loans  made  thereon  and  all  other  real  estate  owned  or  held  by  it,  which 
is  not  necessary  for  carrying  on  its  business,  must  be  sold  by  such  bank 


Act  297,  §  54  GENERAL  LAWS.  886 

■within  five  years  after  title  thereto  shall  have  vested  in  it  by  purchase 
or  otherwise.  Parcels  of  such  real  estate  not  sold  within  said  time  may 
be  purchased  by  any  person  wanting  the  same  upon  the  conditions  and 
proceedings  following:  The  intending  purchaser  may  file  a  petition  iu 
the  superior  coGrt  in  and  for  the  county  wherein  said  real  estate  or  any 
portion  thereof  is  situated;  upon  the  filing  of  such  petition  a  citation 
shall  be  issued  out  of  said  court,  directed  to  the  bank  owning  such  real 
estate  requiring  such  bank  to  show  cause  on  a  day  certain  which  shall 
be  not  earlier  than  ten  days  after  the  service  of  such  citation,  why  com- 
missioners should  not  be  appointed  hy  said  court  for  the  purpose  of  ap- 
praising the  value  of  the  real  estate  described  in  the  petition,  and  of 
selling  the  same  at  public  auction  under  the  provisions  of  this  section. 
If  there  shall  be  any  liens  or  encumbrances  of  record  against  such  real 
estate  the  person  or  persons  holding  such  liens  or  encumbrances  shall 
likewise  be  cited  and  the  court  shall  in  its  final  decree  distribute  the 
proceeds  of  such  sale,  if  a  sale  thereof  shall  be  made,  according  to  the 
equities  of  the  parties.  If  it  shall  appear  aL  the  hearing  of  such  peti- 
tion that  the  real  estate  therein  sought  to  be  purchased  is  held  by  such 
bank  in  violation  of  the  provisions  of  this  section  or  of  the  constitution 
of  this  state,  the  court  shall  appoint  three  commissioners  to  appraise  the 
value  thereof  and  sell  the  same  at  public  auction  at  the  county  seat  of 
the  county  wherein  said  real  estate  or  any  part  thereof  is  located. 
Notice  of  which  said  sale  shall  be  given  to  the  bank  owning  said  real 
estate  and  to  anj'  other  persons  interested  therein  as  shown  by  the  records 
of  such  county  at  least  ten  days  before  the  date  of  such  sale  and  shall 
be  published  once  a  week  for  three  successive  weeks  in  some  newspaper 
published  in  the  county  where  such  real  estate  or  any  part  thereof 
may  be  located  or  if  no  newspaper  shall  be  published  in  such  countj'  then 
in  a  newspaper  published  in  some  neighboring  county.  Such  notice  shall 
state  the  time  and  place  of  such  sale  and  shall  describe  the  real  estate 
to  be  sold  with  common  certainty  and  state  the  value  thereof  as  fixed  by 
the  appraisement  of  such  commissioners  and  state  that  no  bid  less  than 
such  appraised  value  will  be  received  therefor.  No  sale  shall  be  made 
for  an  amount  less  than  the  appraised  value  of  such  real  estate  fixed  by 
said  commissioners  and  in  the  event  that  no  bid  is  received  at  such  sale 
at  least  'equal  to  said  appraised  value  of  said  real  estate  no  intending 
purchaser  can  institute  the  proceedings  provided  for  in  this  section  within 
one  year  thereafter.  In  case  of  any  sale  made  under  the  provisions  of 
this  section  and  of  the  refusal  of  any  bank  owning  such  real  estate  or  of 
any  lienholder  or  encumbrancer  to  execute  the  conveyances  or  releases 
necessary  or  proper  to  vest  the  title  of  such  bank,  lienholder  or  encum- 
brancer in  the  purchase  thereof  the  court  shall  have  power  in  such  pro 
ceedings  to  direct  said  commissioners  to  execute  s«ch  deeds,  conveyances 
or  releases  upon  the  payment  to  them  of  the  purchase  price  therefor. 
The  fees  of  such  commissioners  and  cost  of  sale  shall  be  fixed  by  the 
court,  upon  making  such  appointment,  but  the  entire  expense  thereof  shall 
not  exceed  one  hundred  dollars.    The  cost  of  any  such  proceedings  shall  be 


887  BANKS  AND  BANKING.  Act  297,  §§  55,  56 

borne  by  the  intending  purchaser  if  no  sale  shall  be  made  but  if  a  sale 
shall  be  made  the  cost  of  such  proceedings  shall  be  borne  by  the  purchaser 
of  the  property  and  the  person  who  filed  the  petition  andi  advanced  the 
costs  of  such  proceedings  shall  be  reimbursed  in  case  he  shall  not  be- 
come such  purchaser.  All  sales  hereunder  shall  be  returned  to  the  court 
having  jurisdiction  of  the  matter  in  the  same  manner  as  in  the  ease  of 
sales,  by  commissioners,  of  real  estate  on  foreclosure  of  mortgages. 
Nothing  in  this  section  contained  shall  be  deemed  to  affect  the  power  of 
the  superintendent  of  banks  to  require  the  writing  down  of  the  value 
of  real  estate  held  by  any  bank,  at  any  time,  when  such  writing  dowif 
shall  be  proper.     [New  section  approved  May  6,  1913;  Stats.  1913,  p.  158.]. 

Receiving  deposits  not  creation  of  debt.     "Real  estate"  defined. 

§  55.  Keeeiving  deposits,  issuing  certificates  of  deposit,  cheeks  and 
bills  of  exchange,  and  the  like,  in  the  transaction  of  the  ordinary  busi- 
ness of  a  bank,  must  not  be  construed  to  be  the  creation  of  debt  within  the 
meaning  of  the  phrase  "create  debt"  in  section  309  of  the  Civil  Code,  nor 
of  indebtedness  within  the  meaning  of  the  phrase  "the  capital  stock  can- 
not be  diminished  to  an  amount  less  than  the  indebtedness  of  the  cor- 
poration" in  section  359  of  the  Civil  Code,  except  that  no  bank  shall 
reduce  its  capital  stock  to  an  amount  less  than  is  required  by  this  act 
to  be  maintained  by  such  bank,  or  less  than  any  indebtedness  of  such 
bank  other  than  such  deposits. 

The  terms  "real  estate,"  or  "real  property  "or  "personal  property," 
when  used  in  this  act  shall  have  the  meaning  defined  in,  and  shall  be 
construed  in  accordance  with  the  provisions  of  title  1  of  part  1  of  divi- 
sion 2  of  the  Civil  Code.  [New  section  approved  May  6,  1913;  Stats. 
1913,  p.  159.] 

National  reserve  association. 

§  56.  Any  bank  organized  and  existing  under  the  laws  of  this  state 
is  hereby  authorized  and  empowered  to  join  or  associate  itself  with  any 
"national  reserve  association  of  the  United  States"  or  branch  thereof,  or 
any  plan  now  or  hereafter  created  or  established  by  act  of  congress, 
whether  such  banking- or  currency  association  or  plan  be  created  by 
congress  under  the  above  or  any  other  name.  Nothing  in  this  act  shall 
prohibit  any  such  bank  from  joining  or  associating  itself  with  any  such 
association  or  plan  or  branch  thereof  nor  from  investing  any  part  of  its 
capital  or  surplus  in  the  stock  of  such  association,  plan  or  branch  thereof 
in  accordance  with  the  terms  and  provisions  of  such  act  of  congress; 
provided,  however,  that  such  investment  shall  in  no  ease  exceed  the 
minimum  amount  recjuired  to  join  or  associate  itself  with  such  associa- 
tion, plan  or  branch  thereof.  Any  bank  joining  or  associating,  itself  with 
such  association,  plan  or  branch  thereof,  shall  be  permitted  to  conform 
to  and  transact  its  business  in  accordance  with  the  terms  and  provisions 
of  such  act  of  congress  creating  the  same  and  the  rules  and  regulations 
of  such  association,  plan  or  branch  thereof,  anything  in  this  act  to  the 


Act  297,  §  60  GENERAL   LAWS.  888 

contrary  notwithstanding.     [New  section   approved  May   6,   1913j   Stats. 
1913,  p.  160.] 

Capital  stock  of  savings  banks.    Without  capital  stock. 

§  60.  Every  savings  bank  hereafter  organized  must  have  paid  up  in 
cash  a  capital  stock  of  not  less  than 

(a)  Twenty-five  thousand  dollars  if  its  principal  place  of  business  is 
located  in  any  locality  the  population  of  which  does  not  exceed  five 
thousand  persons; 

(b)  Fifty  thousand  dollars  if  its  principal  place  of  business  is  located 
in  any  city  the  population  of  which  is  more  than  five  thousand  persons, 
but  does   not   exceed  twenty-five   thousand   persons; 

(c)  One  hundred  thousand  dollars  if  its  principal  place  of  business  is 
located  in  any  city  the  population  of  which  is  more  than  twenty-five 
thousand  persons,  but  does  not  exceed  one  hundred  thousand  persons; 

(d)  Two  hundred  thousand  dollars  if  its  principal  place  of  business 
is  located  in  any  city  the  population  of  which  is  more  than  one  hundred 
thousand   persons,   but   does   not   exceed   two   hundred   thousand   persons; 

(e)  Three  hundred  thousand  dollars  if  its  principal  place  of  business 
is  located  in  any  city  the  population  of  which  is  more  than  two  hundred 
thousand  persons. 

Excepting  that  any  savings  bank  organized  without  capital  sto  k 
must  have  a  reserve  fund  of  at  least  one  million  dollars.  Until  the 
capital  stock  or  reserve  fund  hereinbefore  required  shall  be  actually  paid 
in,  tlie  superintendent  of  banks  shall  refuse  to  issue  the  certificate  re- 
quired by  this  act.  The  foregoing  classification  shall  not  apply  to  any 
savings  bank  already  in  existence  which  has  received  its  certificate  to 
do  a  banking  business  from  tlie  superintendent  of  banks;  nor  to  any 
bank  the  location  of  which  shall  have  been  included  by  annexation  nr 
consolidation  within  the  limits  of  a  city  of  a  class  requiring  a  largrr 
capitalization,  but  no  bank  thus  excepted  shall  be  permitted  to  establi-h 
any  new  branch  office  as  provided  in  section  9  of  this  act  or  to  remove 
its  place  of  business  from  the  original  limits  of  the  city  or  township 
wherein  it  was  located  prior  to  such  annexation  or  consolidation  until 
it  shall  have  the  capital  required  of  banks  in  such  city  not  within  s.aid 
exception.  Such  excepted  banks  may  not  in  any  case  decrease  their 
capital  stock  but  may  increase  the  same  in  the  manner  provided  by  law 
to  an  amount  either  greater  or  less  than  that  required  of  banks  in  su<'h 
city  not  within  said  exception;  provided,  that  nothing  herein  shall  be 
construed  to  affect  the  provisions  of  section  19  of  this  act  relative  to  tin' 
proportion  of  capital  and  surplus  to  deposits  or  of  section  23  of  this  at 
relative  to  the  capital  stock  required  of  banks  doing  a  departmental 
business.  The  provisions  of  section  23  of  this  acr,  as  to  population,  shall 
apply  to  any  bank  organized  under  the  provisions  of  this  section. 
[Amendment  approved  May  (j,  1913;  Stats.  1913.  p.  160.] 
Also  amended  April  21,  1911   (Stats.   1911,  p.   1012). 


I 


889  BANKS  AND   BANKING.  Act  297,  §  61 

Property  savings  banks  may  purchase. 

§  61.  Any  savings  bank  may  purchase,  hold  and  convey  real  or  per- 
sonal property  as  follows: 

1.  The  lot  and  building  in  which  the  business  of  the  bank  is  carried 
on;  furniture  and  fixtures,  vaults  and  safe  deposit  vaults  and  boxes 
necessary  or  proper  to  carry  on  its  banking  business;  such  lot  and  build- 
ing, furniture  and  fixtures,  vaults  and  safe  deposit  vaults  and  boxes  shall 
not,  in  the  aggregate,  be  carried  on  the  books  of  such  bank  as  an  asset 
to  an  amount  exceeding  its  paid-up  capital  and  surplus;  and  hereafter,  tlie 
authority  of  a  two-thirds  vote  of  all  the  directors  shall  be  necessary  to 
authorize  the  purchase  of  such  lot  and  building,  or  the  construction  of 
such  building. 

2.  Such  as  may  have  been  mortgaged,  pledged  or  conveyed  to  it  in 
trust  for  its  benefit  in  good  faith,  for  money  loaned  in  pursuance  of  the 
regular   business    of   the    corporation. 

3.  Such  as  may  have  been  purchased  at  any  sales  under  pledge,  mort- 
gage or  deed  of  trust  made  for  its  benefit  for  money  so  loaned  and  such 
as  may  be  conveyed  to  it  by  borrowers  in  satisfaction  and  discharge  of 
loans  made  thereon.  No  savings  bauk  shall  purchase,  own,  or  sell  personal 
property,  except  such  as  may  be  requisite  for  its  immediate  accommoda- 
tion for  the  convenient  transaction  of  its  business,  notes  or  bonds  secured 
by  trust  deeds  or  mortgages  on  real  estate,  bonds,  securities  or  evidences 
of  indebtedness,  public  or  private,  gold  or  silver  bullion  and  United 
States  mint  certificates  of  ascertained  value,  and  evidences  of  debt  issued 
by  the  United  States.  No  savings  bank  shall  purchase,  own,  hold  or 
convey  bonds,  securities  or  evidences  of  indebtedness,  public  or  private, 
except  as  follows: 

(a)  Bonds  or  interest-bearing  notes  or  obligations  of  the  United  States, 
or  those  for  which  the  faith  and  credit  of  the  United  States  are  pledged 
for  the  payment  of  principal  and  interest; 

(b)  Bonds  of  this  state,  or  those  for  which  the  faith  and  credit  of 
the  state  of  California  are  pledged  for  the  payment  of  principal  and 
interest; 

(c)  Bonds  of  any  state  in  the  United  States  that  has  not,  within  five 
years  previous  to  making  such  investment  by  such  bank,  defaulted  in 
the  payment  of  any  part  of  either  principal  or  interest; 

(d)  Bonds  of  any  county,  city  and  county,  city  or  school  district  of 
this  state;  bonds  of  any  permanent  road  division  in  any  county 
issued  in  pursuance  of  the  provisions  of  article  9,  chapter  2,  title  6, 
part  3  of  the  Political  Code;  bonds  of  any  sewer  district,  drainage 
district,  reclamation  district,  protection  district,  or  sanitary  district 
organized  under  the  laws  of  this  state;  and  any  irrigation  district  bonds 
which  the  law  may  now  or  hereafter  authorize  to  be  used  as  security  for 
the  deposit  of  public  moneys;  provided,  that  the  total  amount  of  bonds 
so  issued  by  any  such  sewer  district,  drainage  district,  protection  dis- 
trict, or  sanitary  district,  does  not  exceed  fifteen  per  centum  of  the 
value  of  the  taxable  property  in  said  district  as  shown  by  the  last  equal- 


Act  297,  §  Gl  GENERAL   LAWS.  890 

ized  assessment-roll  of  the  county  in  which  said  district  is  located;  and 
provided,  further,  that  the  total  amount  of  bonds  issued  by  any  such 
irrigation  district  does  not  exceed  sixty  per  centum  of  the  aggregate 
market  value  of  the  lands  within  such  district,  and  of  the  water,  water  ' 
rights,  canals,  reservoirs,  reservoir  sites  and  irrigation  works  owii 
or  to  be  acquired  or  constructed  with  the  proceeds  of  any  of  such  boi.  .-. 
by  said  district,  such  facts  in  reference  to  bonds  of  irrigation  districts 
to  be  determined  by  a  commission  now  or  hereafter  authorized  by  law  to 
ascertain  and  report  upon  such  facts. 

(e)  Bonds  of  any  county,  citj'  and  county,  city  or  town,  in  any  state 
of  the  United  States  other  than  the  state  of  California,  issued  under 
authority  of  any  law  of  such  state,  which  county,  city  and  county,  r.iy 
or  town,  had,  as  shown  by  the  federal  or  state  census  next  precedi^^' 
such  investment,  a  population  of  more  than  twenty  thousand  inhali 
itants;  provided,  however,  that  the  entire  bonded  indebtedness  of  su'  h 
county,  city  and  county,  city  or  town,  including  such  issue  of  boii  !< 
does  not  exceed  fifteen  per  centum  of  the  value  of  the  taxable  property 
therein  as  shown  by  its  last  equalized  assessment-roll;  and  provii!'  i. 
further,  that  such  county,  city  and  county,  city  or  town,  or  the  sta:<' 
in  which  it  is  located  has  not  defaulted  in  payment  of  either  principal  or 
interest  due  upon  any  legally  authorized  bond  issue  within  five  years 
next  preceding  such  investment. 

(f)  (1)  Bonds  of  any  railroad  corporation  incorporated  under  the 
laws  of  the  state  of  California  and  operating  exclusively  therein,  pro- 
vided said  corporation  has  had,  for  its  fiscal  year  next  preceding  su  li 
investment,  net  earnings,  after  pajment  of  all  maintenance  charge-;, 
operating  expenses  and  taxes  sufficient  to  pay  the  interest  on  all  of  it^ 
outstanding  mortgage  indebtedness;  or 

(2)  Bonds  of  any  railroad  corporation  incorporated  under  the  lav.-- 
of  any  other  state  in  the  United  States,  operating  at  least  five  hun^lr.  1 
miles  of  standard  gauge  track  exclusive  of  sidings;  provided,  said  cor 
poration  has  had  for  its  fisca'l  year  next  preceding  such  investment,  i.'  t 
earnings  after  the  payment  of  all  maintenance  charges,  operating  i^x- 
penses  and  taxes,  amounting  to  at  least  one  and  one-half  times  the  in- 
terest on  all  its  outstanding  mortgage  indebtedness;   or 

(3)  Bonds  of  any  railroad  corporation,  the  payment  of  which  has  been 
guaranteed,  both  as  to  principal  and  interest,  by  a  railroad  corporation 
meeting  the  requirements  of  either  subdivision  (1)  or  (2)  of  paragraph 
(f)  of  this  section;  the  income  of  which  latter  corporation,  together 
with  the  income  of  any  corporation  whose  bonds  it  has  guaranteed,  shall 
have  been  sufficient  to  pay  all  its  maintenance  charges,  operating  ex- 
penses, taxes  and  interest  on  all  its  outstaiuling  mortgage  indebtedness 
and,  in  addition  thereto,  interest  on  the  total  outstanding  mortgage  in- 
debtedness of  any  other  corporation  the  payment  of  which  it  has  guar- 
anteed, for  the  periods  specified  in  the  respective  subdivisions  of  this 
paragraph  relating  thereto;  provided,  that  the  excess  of  income  of  any 
corporation  whose  bonds  have  been  so  guaranteed,  over  its  maintenance 


891  BANKS  AND   BANKING.  Act  297,  §  61 

charges,  operating  expenses,  taxes  and  interest  on  its  outstanding  mort- 
gage indebtedness,  shall  not  apply  to  or  be  included  in  determining  the 
income  so  required.  In  determining  the  income  of  any  corporation 
specified  in  paragraph  (f)  of  subdivision  (3)  of  this  section,  there  shall 
be  included  the  income  of  any  corporation  or  corporations  out  of  which 
it  shall  have  been  formed  through  consolidation  or  merger,  and  of  any 
corporation  or  corporations,  the  entire  business  and  income  producing 
property  of  which  the  corporation  issuing  such  bonds  has  wholly  ac- 
quired. All  bonds  authorized  for  investment  by  paragraph  (f)  of  sub- 
division 3  of  this  section  must  be  secured  by  a  mortgage  or  trust 
deed  which  is  at  the  time  of  making  such  investment  either  a  first  mort- 
gage or  deed  of  trust,  a  refunding  mortgage  or  deed  of  trust  providing 
for  the  retirement  of  all  prior  lien  mortgage  debts  of  said  corporation, 
or  an  underlying  or  divisional  closed  mortgage  or  trust  deed  of  property 
which  forms  a  part  of  the  operating  system  of  the  corporation  then 
owning  said  property.  No  savings  bank  shall  purchase  the  bonds  of  any 
railroad  corporation  deriving  less  than  twenty  per  centum  of  its  gross 
receipts  from  passenger  revenues.  The  term  "railroad  corporation,"  when 
used  in  paragraph  (f)  of  subdivision  (3)  of  this  section,  shall  have  the 
meaning  defined  in  the  "Public  Utilities  Act"  approved  December  23, 
1911. 

(g)  Bonds  of  any  street  railroad  corporation;  or  of  any  gas;  water; 
pipe-line;  light;  power;  light  and  power;  gas,  light  and  power;  electrical; 
telephone;  telegraph;  or  telephone  and  telegraph  corporation  or  of  any 
other  "public  utility"  incorporated  under  the  laws  of  the  state  of  Cal- 
ifornia; and 

(1)  Operating  exclusively  in  the  state  of  California;  provided,  said 
corporation  has  had.  for  its  fiscal  year  next  preceding  such  investment, 
net  earnings,  after  the  payment  of  all  maintenance  charges,  operating 
expenses  and  taxes,  amounting  to  one  and  one-half  times  the  interest 
on  all  its  outstanding  mortgage  indebtedness;  or 

(2)  Operating  its  property  in  part  within  the  state  of  California;  pro- 
vided, said  corporation  has  had,  for  each  of  its  two  fiscal  years  next 
preceding  such  investment,  net  earnings,  after  the  payment  of  all  main- 
tenance charges,  operating  expenses  and  taxes,  amounting  to  one  and 
one-half  times  the  interest  on  all  of  its  outstanding  mortgage  indebted- 
ness; or 

(3)  The  payment  of  which  is  guaranteed,  both  as  to  principal  and 
interest,  by  a  public  utility  corporation  meeting  the  requirements  of 
either  subdivision  (1)  or  (2)  of  paragraph  (g)  of  this  section,  the  in- 
come of  which  latter  corporation,  together  with  the  income  of  any  cor- 
poration whose  bonds  it  has  guaranteed,  shall  have  been  suflieient  to 
pay  all  its  maintenance  charges,  operating  expenses,  taxes  and  interest 
on  all  its  total  outstanding  mortgage  indebtedness,  and  in  addition 
thereto,  interest  on  the  total  outstanding  mortgage  indebtedness  of  any 
other  corporation  the  payment  of  which  it  has  guaranteed,  for  the  period 
specified    in    the    respective    subdivisions    of    this    paragraph    relating 


Act  297,  §  61  GENERAL   LAWS.  892 

thereto;  provided,  that  the  excess  of  income  of  any  corporation 
whose  bonds  have  been  so  guaranteed,  over  its  maintenance  charges, 
operating  expenses,  taxes  ana  interest  on  its  outstanding  mortgage  in- 
debtedness shall  not  apply  to  or  be  included  in  determining  the  income 
so  required.  In  determining  the  income  of  any  corporation  specified  in 
paragraph  (g)  of  subdivision  (3)  of  this  section,  there  shall  be  included 
the  income  of  any  corporation  or  corporations  out  of  which  it  shall 
have  been  formed  through  consolidation  or  merger,  and  of  any  cor- 
poration the  entire  business  and  income  producing  property  of  which  the 
corporation  issuing  such  bonds  has  wholly  acquired.  All  bonds  author 
ized  for  investment  by  paragraph  (g)  of  subdivision  (3)  of  this  sec- 
tion must  be  secured  by  a  mortgage  or  trust  deed  which  is  at  the  time 
of  making  such  investment;  either 

I.  A  closed  first  mortgage  or  deed  of  trust;  or 

II.  A  first  mortgage  or  deed  of  trust  containing  provisions  restricting 
the  issuance  of  further  bonds  until  such  time  as  the  income  of  said  cor- 
poration shall  have  been  at  least  sullicient,  during  the  twelve  months 
next  preceding  the  issuance  of  any  additional  bonds,  to  pay  all  main- 
tenance charges,  operating  expenses,  taxes  and  one  and  one-half  times 
the  interest  on  all  its  mortgage  indebtedness  then  outstanding  and  on 
the  additional  tjonds  then  proposed  to  be  issued;  or 

III.  A  refunding  mortgage  or  deed  of  trust  providing  for  the  retire- 
ment of  all  prior  lien  mortgage  debts  of  said  corporation,  and  restricting 
the  issuance  of  further  bonds  until  such  time  as  tlie  income  of  said  cor- 
poration shall  have  been  at  least  sullicient,  during  the  twelve  months 
next  preceding  the  issuance  of  any  additional  bonds,  to  pay  all  main- 
tenance charges,  operating  expenses,  taxes  and  one  and  one-half  times 
the  interest  on  all  its  mortgage  indebtedness  then  outstanding,  and  on 
the  additional  bonds  then  proposed  to  be  issued;  or 

IV.  An  underlying  or  divisional  closed  mortgage  or  trust  deed  of 
property  which  forms  a  part  of  the  operating  system  of  the  corporation 
then  owning  said  property.  In  the  case  of  bonds  secured  by  an  under- 
lying or  divisional  closed  mortgage  or  trust  deed,  the  net  income  re- 
quired by  this  section  shall  be  based  exclusively  upon  the  income, 
maintenance  charges,  operating  expenses,  taxes  and  mortgage  indebted- 
ness of  or  against  the  property  covered  by  such  underlying  or  divisional 
closed  mortgage  or  trust  deed,  or  on  the  proper  proportionate  share  of 
such  property  in  the  general  income,  maintenance  charges,  operating 
expenses,  taxes  and  mortgage  indebtedness  of  the  corporation  then  own- 
ing such  property;  provided,  however,  that  if  the  payment  of  the  bonds 
secured  by  such  underlying  or  divisional  closed  mortgage  or  trust  deed 
shall  be  guaranteed  or  assumed  by  the  corporation  then  owning  the 
property  securing  the  same,  such  bonds  shall  be  legal  investments  for 
savings  banks,  if  the  net  income  of  such  corporation  from  all  sources 
after  paying  all  of  its  maintenance  charges,  operating  expenses,  taxes 
and  mortgage  indebtedness  shall  equal  the  amount  herein  required,  not- 
withstanding any  insufficiency  of  the  income  derived  from  the  property 


893  BANKS  AND   BANKING.  Act  297,  §  61 

covered  ty  such  underlying  or  divisional  closed  mortgage  or  trust  deed 
to  meet  the  requirements  of  this  section. 

The  term  "street  railroad  corporation,"  "pipe-line  corporation,"  "gas 
corporation,"  "electrical  corporation,"  "telephone  corporation,"  "tele- 
graph corporation,"  "water  corporation,"  and  "public  utility,"  when  used 
in  paragraph  (g)  of  subdivision  (3)  of  this  section,  shall  each  have  the 
meaning  defined  in  the  "Public  Utilities  Act"  approved  December  23, 
1911. 

(h)  Notes  or  bonds  secured  by  first  mortgage  or  deed  of  trust  or  other 
first  lien  upon  real  estate,  improved  or  unimproved;  provided,  that  the 
entire  note  or  bond  issue  shall  not  exceed  sixty  per  centum  of  the 
market  value  of  such  real  estate,  or  such  real  estate  with  improvements, 
taken  as  security;  and  provided,  further,  in  case  the  said  note  or  bond 
issue  is  created  for  a  building  loan  on  real  estate,  that  at  no  time  shall 
the  entire  outstanding  note  or  bond  issue  exceed  sixty  per  centum  of 
the  market  value  of  the  real  estate  and  the  actual  cost  of  the  improve- 
ments thereon  taken  as  security. 

(i)   Collateral  trust  bonds  or  notes  when  secured  by  either: 

(1)  Deposit  of  bonds  authorized  for  investment  by  this  section,  of  a 
market  value  at  least  fifteen  per  centum  in  excess  of  the  par  value  of 
the  collateral  trust  bonds  or  notes  issued;  or 

(2)  Deposit  of  bonds,  authorized  for  investment  by  this  section,  and 
other  securities,  of  a  combined  market  value  at  least  twenty  per  centum 
in  excess  of  the  par  value  of  the  collateral  trust  bonds  or  notes  issued; 
provided,  that  the  par  value  of  said  collateral  trust  bonds  or  notes  shall 
in  no  case  exceed  the  market  value  of  that  portion  of  the  security  rep- 
resented by  bonds  authorized  for  investment  by  this  section. 

(j)  Bonds  legal  for  investment  by  savings  banks  in  the  states  of  Xew 
York  or  Massachusetts;  provided,  however,  that  as  to  bonds  of  the  char- 
acter specified  in  paragraph  (c)  or  (e)  of  subdivision  (3)  of  this  section, 
such  bonds  shall  also  conform  to  the  requirements  of  either  of  such 
paragraphs. 

(k)  Certificates  issued  by  a  corporation  organized  under  the  laws  of 
this  state  with  a  paid-up  capital  stock  of  not  less  than  one  hundred 
thousand  dollars,  evidencing  and  conferring  participation  to  an  indicated 
amount  in  a  first  mortgage  on  real  estate  and  the  debt  secured  thereby, 
and  guaranteeing  the  payment  of  the  principal  of  the  mortgage  debt  at 
its  maturity  or  within  some  specified  time  thereafter  and  agreeing  to  pay 
interest  on  the  amount  of  the  participation  at  some  specified  rate,  the 
mortgage,  however,  and  debt  thereby  secured  to  be  assigned  to  a  trust 
company  and  held  by  it  as  security  for  the  payment  of  said  mortgage 
certificates  and  for  the  performance  of  all  conditions  imposed  thereby 
upon  the  corporation  issuing  the  same;  provided,  the  said  first  mortgage 
indebtedness  shall  not  exceed  sixty  per  centum  of  the  market  value  of 
the  real  estate  taken  as  security;  and  provided,  further,  that  the  trust 
company  shall  certify  on  each  certificate  that  the  aggregate  amount  of 
the  certificates  issued  evidencing  and  conferring  participation  in  any  one 


Act  297,  §61  GENERAL   LAWS.  894 

such  mortgage  and  mortgage  debt  does  not  exceed  the  principal  of  the 
said  mortgage  debt;  but  provided,  nevertheless,  that,  unless  such  cer- 
tificates are  made  legal  investment  for  savings  banks  by  other  law  of 
this  state,  no  savings  banks  shall  purchase  any  such  certificates  until 
the  corporation  issuing  the  same  has  first  obtained  the  written  approval 
of  the  superintendent  of  banks  to  such  certificates  as  an  investment  for 
savings  banks.  The  actual  expense  of  investigating  any  issue  of  such 
certificates  presented  to  the  superintendent  of  banks  for  approval  shall 
be  paid  by  the  corporation  presenting  the  same,  and  the  superintendent 
of  banks,  before  making  such  investigation  may  require  a  cash  deposit 
of  such  amount  as  he  may  deem  necessary  to  cover  such  expense.  The 
superintendent  of  banks  may  accept  and  act  upon  the  opinions  and  ap- 
praisement of  any  title  insurance  or  abstract  company,  attorneys  or  ap- 
praisers which  may  be  presented  by  such  corporation  so  applying,  and 
the  reports  of  any  of  the  executive  oflHcers  of  the  corporation  issuing 
such  certificates,  on  any  question  of  fact  concerning  or  affecting  such 
certificates,  the  security  thereof,  or  the  financial  condition  of  the  cor- 
poration issuing  the  same.  In  lieu  of  or  in  addition  to  such  opinions, 
appraisements  and  reports,  the  superintendent  of  banks  maj',  if  he 
deems  proper,  have  any  or  all  such  matters  passed  upon  and  certified  to 
him  by  attorneys,  appraisers  or  accountants  of  his  own  selection  at  the 
expense  of  the  applicant.  The  superintendent  of  banks  shall  keep  an 
official  list  of  all  issues  of  such  certificates  approved  by  him. 

No  notes,  bonds,  or  other  securities,  the  payment  of  which  is  secured 
by  any  mortgage  or  deed  of  trust  executed  after  September  1,  1913, 
shall  be  deemed  to  come  within  or  conform  to  the  requirements  of  either 
of  paragraphs  (f),  (g)  or  (i)  of  subdivision  (3)  of  this  section,  unless 
such  notes,  bonds  or  other  securities  shall,  in  the  manner  provided  in 
this  act,  have  been  certified  by  the  superintendent  of  banks,  to  come 
within  and  fully  conform  to  the  requirements  of  one  or  the  other  of 
said   paragraphs. 

The  legality  of  investments  heretofore  lawfully  made  pursuant  to  the 
provisions  of  this  section,  or  of  any  law  of  this  state  as  it  existed  on 
and  subsequent  to  July  1,  1909,  shall  not  be  aflfectcd  by  any  amend- 
ments to  this  section  or  this  act;  nor  shall  any  such  amendments  re- 
quire the  changing  of  investments  once  lawfully  made  under  this. act. 

Anj"^  bonds  authorized  by  this  section  as  a  legal  investment  for  savings 
banks  maj'  be  carried  on  the  books  of  said  bank  at  their  investment 
value  based  on  their  market  value  at  the  time  they  were  originally 
bought,  unless  the  superintendent  of  banks  shall  require  any  or  all  of 
the  bonds  which  may  thereafter  liave  a  market  value  less  than  the  or- 
iginal investment  value  to  be  written  down  to  such  new  market  value 
which  shall  be  done  gradually  if  practicable  and  in  such  manner  as  he 
may  determine,  or  he  may,  by  a  plan  of  amortization  to  be  determined  by 
him,  require  such  gradual  extinction  of  premium  as  will  bring  such  bonds 
to  par  at  maturity. 

Xo  savings  bank  shall  hereafter  purchase  or  loan  money  upon  any 
bond,   note    or    other    evidence    or   indebtedness,   issued    by   any   "public 


895  BANKS  AND  BANKING.  Act  297,  §  61a 

utility,"  subject  to  the  jurisdiction,  regulation  or  control  of  the  railroad 
commission  of  this  state  under  the  provisions  of  the  "Public  Utilities 
Act,"  approved  December  23,  1911,  unless  each  such  bond,  note  or  other 
evidence  of  indebtedness  was  either: 

(a)  Issued  prior  to  the  taking  effect  of  the  "Public  Utilities  Act";  or 

(b)  Issued  under  authority  of  the  railroad  commission,  in  accordance 
with  the  provisions  of  said  act;  or 

(c)  A  note  issued  for  a  period  not  exceeding  twelve  months,  in  ac- 
cordance with  the  provisions  of  subdivision  (b)  of  section  52  of  said  act. 

No  provision  of  this  act.  and  no  act,  or  deed,  done  or  performed  under 
or  in  connection  therewith,  and  no  finding  made  or  certificate  issued 
under  any  provision  thereof,  shall  be  held  or  construed  to  obligate  the 
state  of  California  to  pay,  or  be  liable  for  the  payment  of,  or  to  guar- 
antee in  any  manner  whatsoever,  the  regularity  or  the  validity  of  the 
issuance  of  any  stock  or  bond  certificate,  or  bond,  note,  or  other  evidence 
of  indebtedness  certified  under  any  provision  of  this  act,  by  the  super- 
intendent of  banks  as  being  in  conformity  with  the  requirements  of  any 
paragraph  of  subdivision  (3)  of  this  section.  [Amendment  approved 
May  6,  1913;  Stats.  1913,  p.  161.] 

Also    amended   April   21,    1911    (Stats.    1911,   p.    1004). 

Superintendent  of  banks  may  investigate  bonds.  Expenses.  Opinion  of 
attorneys. 
§  61a.  The  superintendent  of  banks-  shall  have  power,  when  any 
issue  of  bonds  or  securities  is  presented  to  him  for  that  purpose,  to  in- 
vestigate and  ascertain  whether  such  bonds  or  securities  come  within 
and  fully  conform  to  all  the  requirements  of  paragraphs  (f),  (g),  (h) 
or  (i)  of  subdivision  (3)  of  section  61  of  this  act,  or  of  either  of  said 
paragraphs.  He  may  also  investigate  and  ascertain  for  what  period 
of  time,  and  upon  what  conditions,  any  franchise  granted  to  or  held 
by  any  corporation  issuing  any  such  bonds  or  securities  will  remain 
in  force.  The  actual  expense  of  investigating  any  issue  of  bonds  or 
securities  so  presented  shall  be  paid  by  the  person  or  corporation  pre- 
senting the  same  for  investigation,  and  the  superintendent  of  banks, 
before  making  such  investigation  may  require  a  cash  deposit  of  such 
amount  as  he  may  deem  necessary  to  cover  such  expense.  The  superin- 
tendent of  banks  may  accept  and  act  upon  the  opinions  and  appraise- 
ments of  any  attorney's  or  appraisers  which  may  be  presented  by  such 
person  or  corporation  so  applying,  and  the  reports  of  any  of  the  execu- 
tive officers  of  the  corporation  issuing  such  bonds  or  securities,  on  any 
question  of  fact  concerning  or  affecting  such  bonds  or  securities,  the 
security  thereof,  the  franchise  conditions  herein  mentioned,  or  the 
financial  condition  of  the  corporation  issuing  the  same.  In  lieu  of  or 
in  addition  to  such  opinions,  appraisements  and  reports,  the  superin- 
tendent of  banks  may,  if  he  deems  proper,  have  any  or  all  such  mat- 
ters passed  upon  and  certified  to  him  by  attornej'^s,  appraisers  or  ac- 
countants of  his  own  selection  at  the  expense  of  the  applicant.     If  the 


Act  297,  §§  62-64  general  laws.  896 

superintendent  of  banks  shall  find  from  such  inrestigation  that  the  bonils 
or  securities  so  presenteil  come  within  and  fully  conform  to  all  the  re- 
quirements of  any  of  said  paragraphs  of  subdivision  (3)  of  section  61 
of  this  act,  and  is  satisfied  from  such  investigation  as  to  such  franchise 
conditions,  he  shall  so  certify,  otherwise  a  certificate  shall  be  refuse!. 
The  superintendent  of  banks  shall  keep  an  official  list  of  all  bonds  and 
securities  certified  by  him.  [New  section  approved  May  6,  1913;  Stats. 
1913,  p.  168.] 

Savings  banks  not  to  trade  in  real  property.     Savings  banks  borrowing 
money. 

§  62.     No  savings  bark  shall,  directly  or  indirectly,  deal   or  trade  in 
real   or  personal   property  in   any   other   case   or   for   any   other   purpose 
than  is  authorized  by  this  act,  and  shall  not  contract  any  debt  or  liabil- 
ity, for  any  purpose  whatever  than  for  deposits,  except  as  in  this  section] 
provided. 

Savings  banks  may  pay  regular  depositors,  when  requested  by  them, 
by  draft  upon  deposits  to  the  credit  with  their  banks,  and  charge  cur- 
rent rate  of  exchange  for  such  drafts. 

No   savings  bank  shall   borrow  money,   or  pledge   or  hypothecate   any' 
of  its   securities,   except   to   meet    the    immediate     demands   of   its   owni 
depositors,  and  then  only  in  pursuance  of  a  resolution  adopted  by  a  vote 
of  a  majority  of  its  board  of  directors,  duly  entered  upon  their  minutes, 
wherein  shall  be  recorded  the  ^yes  and  nays  upon  each  vote;  also  with 
the  written  approval  of  the  superintendent  of  banks,  and  he  shall   have 
the  authority  to  fix  the  amount  to  be  borrowed,  and  the  term  and  rate 
of  interest  thereon;   provided,  however,  that  savings  banks  may,  in  the 
manner   authorized    by   law,    and    without    the    written    approval    of   the' 
superintendent  of  banks,  borrow  the  public  moneys  of  the  state,  counties,, 
cities  and  counties,  and  towns  and  receive  such  public  moneys  on  deposit; 
provided,   also,   that   savings   banks    may   in   the    manner   authorized    by 
law,  and  without  the  written  approval   of  the  superintendent  of  banks, 
borrow  postal   savings  moneys   of   the   United   States,   and   receive   such 
postal    savings    moneys    on    deposit.     [Amendment   approved   April    21,' 
1911;  Stats.  1911,  p.  1013.] 

Time  and  condition  of  repayment  of  deposits.     Reserve  fund. 

§  64.  Each  savings  bank  must  prescribe  by  its  by-laws,  or  by  con- 
tract with  its  depositors,  the  time  and  conditions  on  which  repayment 
is  to  be  made  to  depositors,  except  as  in  this  act  otherwise  provided. 
In  all  cases  the  by-laws  or  contracts  shall  provide  that  notice  of  at 
least  thirty  days  may,  at  the  option  of  any  such  bank,  be  required  to 
be  given  of  intention  to  withdraw  any  deposit  or  part  thereof,  but 
whenever  there  is  any  call  by  depositors  for  repayment  of  a  greater 
amount  than  the  bank  may  have  disposable  for  that  purpose,  the 
directors  or  officers  thereof  must  not  make  any  new  loan  or  investment 
of  the  funds  of  the  depositors  or  of  earnings  thereof  until  such  excess 


897  BANKS  AND  BANKING.  Act  297,  §  65 

of  call  has  ceased.  The  directors  of  any  such  bank  having  no  capital 
stock  shall,  before  the  declaration  of  any  dividend,  carry  at  least  one- 
tenth  part  of  the  net  profits  of  such  bank,  for  the  preceding  half  year, 
or  for  the  period  covered  by  said  dividend,  to  its  reserve  fund.  Sub- 
ject to  the  provisions  of  section  19  of  this  act,  any  losses  sustained  by 
any  such  bank  may  be  charged  to  and  paid  out  of  its  reserve  fund.  A 
larger  reserve  fund  may  be  created  and  nothing  herein  contained  shall 
be  construed  as  prohibitory  thereof.  The  assets  of  any  such  bank  are 
a  security  to  its  depositors.  Any  such  bank  organized  without  capital 
stock,  may  provide  by  its  by-laws  for  the  disposal  of  any  amount  in  its 
reserve  fund  in  excess  of  the  amount  required  by  section  19  of  this  act 
and  may  also  provide  for  final  disposal  upon  the  dissolution  of  the  bank 
of  its  reserve  fund  or  the  balance  thereof  remaining  after  payment  of 
any  losses  of  such  bank.  [Amendment  approved  May  6,  1913;  Stats. 
1913,  p.   168.] 

No  loan  to  officer.     Record  of  loan.     Loan  to  employee.     Penalty. 

§  65.  No  loan  shall  be  made,  directly  or  indirectly,  to  any  director 
or  officer  of  any  savings  bank  by  such  bank  or  on  the  indorsement, 
surety  or  guaranty  of  any  such  officer  or  director,  except  that  loans  may 
be  made  to  any  corporation  in  which  any  director  or  officer  of  such 
savings  bank  may  own  or  hold  a  minority  number  of  shares  of  stock, 
upon  authorization  of  a  majority  of  all  the  directors  of  such  savings 
bank  and  the  affirmative  vote  of  all  directors  of  such  savings  bank 
present  at  the  meeting  authorizing  such  loan;  provided,  however,  that 
such  loan  shall  in  all  other  respects  conform  to  and  comply  with  all 
other  provisions  of  this  act.  Such  interested  director  or  officer  shall 
not  vote  or  participate  in  any  manner  in  the  action  of  the  board  on  such 
loan.  Such  authorization  shall  be  entered  upon  the  records  or  minutes 
of  such  savings  bank.  The  fact  of  making  such  loan,  the  names  of  the 
directors  authorizing  such  loan,  the  corporate  name  of  the  borrower,  the 
name  of  each  director  or  officer  of  such  bank  who  is  a  member,  stock- 
holder, or  director  of  the  corporation  to  which  such  loan  is  made,  the 
amount  of  such  loan,  the  rate  of  interest  thereon,  the  time  when  the 
loan  will  become  due,  the  amount,  character  and  value  of  security  given 
therefor  and  the  fact  of  payment,  when  made,  shall  be  forthwith  re- 
ported in  writing  by  the  cashier  or  secretary  of  such  savings  bank  to 
the  superintendent  of  banks.  A  loan  may  be  made  to  any  agent  or 
employee,  other  than  an  officer  or  director,  of  any  savings  bank  by 
such  bank  upon  authorization  of  a  majority  of  all  the  directors  of  such 
savings  bank  and  an  affirmative  vote  of  all  directors  of  such  savings 
bank  present  at  the  meeting  authorizing  such  loan;  provided,  however, 
that  such  loan  shall  in  all  respects  conform  to  and  comply  with  all  other 
provisions  of  this  act.  Such  authorization  shall  be  entered  upon  the 
records  or  minutes  of  such  savings  bank.  The  fact  of  making  such 
loan,  the  names  of  the  directors  authorizing  such  loan,  the  name  of 
the  borrower,  the  nature  of  his  employment,  the  amount  of  such  loan, 
57 


Act  297,  §§  66, 67  general  laws.  898 

the  rate  of  interest  thereon,  the  time  when  the  loan  will  become  due,  the 
amount,  character  and  value  of  the  security  given  therefor,  and  the 
fact  of  payment,  when  made,  shall  be  forthwith  reported  in  writing  by 
the  cashier  or  secretary  of  such  savings  bank  to  the  superintendent  of 
banks.  Any  officer  or  director  of  any  savings  bank,  who  knowingly 
procures  a  loan  from  such  savings  bank,  contrary  to  the  provisions  of 
this  section,  «hall  be  guilty  of  a  felony.  In  case  of  the  neglect  or  fail- 
ure of  the  secretary  or  cashier  of  any  such  bank,  to  report  to  the 
superintendent  of  banks,  as  herein  provided,  any  of  the  facts  so  re- 
quired to  be  reported,  the  bank  shall  be  liable  therefor  and  shall  forfeit 
to  the  people  of  the  state  of  California  twenty-five  dollars  per  day  for 
each  day,  or  part  thereof,  during  which  such  neglect  or  failure  con- 
tinues.    [Amendment  approved  May  6,  1913;  Stats.  1913,  p.  169.] 

No  loan  exceeding  fifty  per  cent  of  stock.     Renewal  of  loan. 

§  66.  No  savings  bank  shall  hereafter  make  any  loans  to  any  per- 
son, firm,  copartnership  or  corporation  to  an  amount  exceeding  fifty  per 
centum  of,  the  actual  paid-up  capital  stock  and  surplus  of  such  bank, 
or  in  the  case  of  a  bank  organized  without  capital  stock,  to  an  amount 
exceeding  fifty  per  centum  of  the  reserve  fund  of  such  bank;  provided, 
however,  that  any  saving*  bank  having  a  paid-up  capital  and  surplus  of 
less  than  fifty  thousand  dollars,  but  not  less  than  twenty-five  thousand 
dollars,  may  make  any  such  loan  on  real  estate  security  to  an  amount 
not  exceeding  twentj'-five  thousand  dollars;  and  provided  further,  that 
any  savings  bank  having  a  paid-up  capital  and  surplus  of  less  than 
twenty-five  thousand  dollars  may  make  any  such  loan  on  real  estate 
security  to  an  amount  not  exceeding  its  paid-up  capital  and  surplus,  if 
each  such  loan  in  all  other  respects  conforms  to  the  provisions  of  this 
act.  The  renewal  or  extension  of  any  loan  heretofore  legally  made  by 
any  savings  bank  shall  not  be  construed  to  be  a  "loan  hereafter  made" 
within  the  meaning  of  the  provisions  of  this  section.  The  legality  of 
investments  heretofore  lawfully  made  pursuant  to  the  provisions  of  this^ 
act  as  it  existed  on  and  subsequent  to  .July  1,  1909,  shall  not  be  affected 
by  the  provisions  of  this  section.  For  the  purposes  of  this  section  an 
indorser  or  guarantor  shall  be  deemed  to  be  a  borrower.  [Amendment 
approved  May  6,  1913;  Stats.  1913,  p.  170.] 

Limitation  on  loans. 

§  67.  1.  No  savings  bank  shall  loan  money  except  on  adequate  secur- 
ity of  real  or  personal  property,  and  no  such  loan  shall  be  made  for  a 
period  longer  than  ten  years;  provided,  that  no  such  loan  shall  be  made 
on  unsecured  notes. 

Not  more  than  five  per  cent  in  bonds. 

2.  No  savings  bank  shall  invest  or  loan  more  than  five  per  centum 
of  its  assets  on  any  one  bond  issue,  except  bonds  of  the  United  States, 
of  the  state  of  California,  bonds  for  which  the  faith  and  credit  of  the 
United  States  or  of  the  state  of  California  are  pledged,  or  bonds  of  any 


899  BANKS  AND   BANKING.  Act  297.  §  67 

county,  city  and  county,  city  or  school  district  in  this  state,  or  bonds 
of  any  irrigation  district  such  as  are  legal  for  investment  by  savings 
banks. 

Loans  on  bonds. 

3.  No  savings  bank  shall  loan  money: 

(a)  On  bonds  of  the  character  specified  in  paragraphs  (a),  (b),  (c) 
and  (d)  of  subdivision  (3)  of  section  61  of  this  act,  unless  such  bonds 
shall  have  a  market  value  of  at  least  ten  per  centum  in  excess  of  the 
amount  loaned  thereon;   or, 

(b)  On  bonds  of  the  character  specified  in  paragraphs  (e),  (f)  and 
(g)  or  on  bonds  or  notes  of  the  character  specified  in  paragraph  (i)  of 
subdivision  (3)  of  section  61  of  this  act,  unless  such  bonds  or  notes  sliall 
have  a  market  value  at  least  fifteen  per  centum  in  excess  of  the  amount 
loaned   thereon;    or, 

(c)  On  bonds  legal  for  investment  by  savings  banks  in  the  states  of 
New  York  or  Massachusetts,  unless  such  bonds  shall  have  a  market 
value  at  least  fifteen  per  centum  'in  excess  of  the  amount  loaned 
thereon;    or, 

(d)  On  personal  property  unless  such  personal  property  shall  have  a 
market  value  at  least  fifty  per  centum  in  excess  of  the  amount  loaned 
thereon;   or, 

(e)  On  other  bonds,  or  on  the  capital  stock  of  any  corporation,  unless 
such  bonds  or  stock  shall  have  a  market  value  at  least  fifty  per  centum 
in  excess  of  the  amount  loaned  thereon;  provided,  however,  that  no  loan 
shall  be  made  upon  the  capital  stock  of  any  bank  unless  such  bank  has 
been  in  existence  at  least  two  years  and  has  earned  and  paid  a  dividend 
on   its   capital   stock. 

Loans  on  real  estate. 

4.  No  savings  bank  shall  make  any  loan  on  the  security  of  real 
estate,  except  it  be  a  first  lien,  and  in  no  event  to  exceed  sixty  per 
centum  of  the  market  value  of  any  real  estate  taken  as  security  except 
for  the  purpose  of  facilitating  the  sale  of  property  owned  by  such  sav- 
ings bank;  provided,  that  a  second  lien  may  be  accepted  to  secure  the 
repayment  of  a  debt  previously  contracted  in  good  faith;  and,  pro- 
vided, also,  that  any  savings  bank  holding  a  first  mortgage  or  deed  of 
trust  on  real  estate  may  take  or  purchase  and  hold  another  and  imme- 
diately subsequent  mortgage  or  deed  of  trust  thereon,  but  all  such  loans 
shall  not  exceed  in  the  aggregate  sixty  per  centum  of  the  market  value 
of  the  real  estate  securing  the  same;  provided,  further,  that  a  savings 
bank  may  loan  not  to  exceed  ninety  per  centum  of  the  face  value  of  a 
note  or  bond  secured  by  a  first  mortgage  or  deed  of  trust  on  real  estate, 
but  in  no  event  shall  any  such  loan  exceed  ninety  per  centum  of  sixty 
per  centum  of  the  market  value  of  the  real  estate  covered  by  said 
mortgage  or  deed  of  trust. 

No  loans  on  mining  stock. 

5.  No  savings  bank  shall  purchase,  invest  or  loan  its  capital,  surplus  or 
the  money  of  its  depositors,  or  any  part  of  either,  in  mining  shares  or 


Act  297,  §§  68,  681/2  GENERAL   LAWS.  900 

stock.  Any  president  or  managing  officer  who  knowingly  consents  to  a 
violation  of  any  provision  of  this  section  shall  be  guilty  of  a  felony. 
[Amendment  approved  May  6,^913;   Stats.  1913,  p.  170.] 

Reserve  of  savings  banks.     Deposits  with  commercial  banks. 

§  68.  Every  savings  bank  or  savings  department  of  a  bank,  shall 
at  all  times  maintain  a  lawful  money  reserve  equivalent  to  four  per 
centum  of  the  aggregate  amount  of  its  deposits;  one-half  of  such  law- 
ful money  reserve  shall  be  kept  on  hand  in  lawful  money  of  the  United 
States  or  gold  certificates  or  silver  certificates  of  the  United  States, 
and  one-half  may  consist  of  bonds  of  the  United  States  or  of  lawful 
money  of  the  United  States  or  gold  certificates  or  silver  certificates  of 
the  United  States,  on  hand  or  on  deposit  subject  to  call  with  any  reserve 
bank  provided  for  in  section  20  of  this  act;  provided,  however,  that  no 
savings  bank  or  savings  department  shall  be  required  to  maintain  in  its 
own  keeping  a  lawful  money  reserve  in  excess  of  four  hundred  thou- 
sand dollars,  and  when  such  lawful  money  reserve  In  its  own  keeping 
reaches  that  amount,  the  balance  of  cash  necessary  to  make  up  the 
four  per  centum  may  be  kept  on  deposit  subject  to  call  with  any  reserve 
bank  provided  for  in  section  20  of  this  act.  No  new  loan  shall  be  made 
during  any  deficiency  in  the  lawful  money  reserve.  Deposits  with  any 
commercial  bank,  or  commercial  dcjiartment  of  a  bank,  on  open  account, 
to  facilitate  business  transactions,  as  provided  in  this  section,  shall  be 
permitted,  and  shall  not  be  construed  as  loans.  Not  more  than  five  per 
centum  of  the  deposits  of  any  savings  bank  shall  be  deposited  with  any 
one  bank,  except  with  the  consent  of  the  superintende-nt  of  banks.  Not 
more  than  fifteen  per  centum  of  the  deposits  of  any  savings  bank  shall 
be  deposited  with  all  other  banks,  except  with  the  consent  of  the 
superintendent  of  banks.  No  savings  bank  or  savings  department  shall 
receive  deposits  of  other  banks  other  than  savings  deposits  and  such 
deposits  sliall  not  be  treated  or  considered  as  a  part  of  the  lawful 
money  reserve  of  such  depositing  bank;  provided,  that  the  sum  so 
deposited  shall  not  exceed  ten  thousand' dollars.  [Amendment  approved 
May  6,  1913;  Stats.  1913,  p.  171.] 

Also   amended  April   21,    1911    (Stats.    1911,   p.    1007). 

Deposits  of  deceased  persons  may  remain  in  savings  banks. 

§  68|.  Where  a  decedent,  at  the  time  of  his  or  her  death,  left  moneys 
on  deposit  with  a  savings  bank,  it  shall  be  lawful  for  any  public  admin- 
istrator, who  shall  become  the  administrator  of  the  estate,  to  allow  such 
deposit  to  remain  in  said  savings  bank,  and  also,  it  shall  be  lawful  for 
him  to  deposit  therein  to  the  account  of  said  decedent,  any  and  all 
moneys  of  said  estate  not  required  for  the  current  expenses  of  admin- 
istration. Such  deposit,  whether  made  by  the  decedent  or  a  public 
administrator,  shall  relieve  the  public  administrator  from  depositing  the 
same  with  the  county  treasurer.  Moneys  so  deposited,  whether  by  the 
decedent  or  by  a  public  administrator,  may  be  drawn  upon  demand 
without  notice,  upon  the  order  of  said  administrator,  countersigned  by  a 


901  BANKS  AND   BANKING.  Act  297,  §  80 

judge  of  a  superior  court,  when  required  for  tlie  purpose  of  administra- 
tion or  otherwise.  [New  section  approved  April  21,  1911:  Stats.  1911, 
p.   1007.] 

Loans  of  conmiercial  banks. 

§  80.  No  commercial  bank  shall  make  any  loans  to  any  person,  firm, 
copartnership  or  corporation,  to  an  amount  exceeding  the  following 
percentages  of  its  capital  stock  actually  paid  in  and  surplus: 

Without  security. 

1.  Ten  per  centum  without  security,  except  where  such  capital  stock 
and  surplus  is  less  than  twenty-five  thousand  dollars,  in  which  event 
an  amount  not  to  exceed  twenty  per  centum  of  such  capital  stock  and 
surplus  may  be  loaned  without  security,  and  where  such  capital  stock 
and  surplus  is  greater  than  twenty-five  thousand  dollars  and  does  not 
exceed  fifty  thousand  dollars,  a  sum  not  exceeding  five  thousand  dol- 
lars may  be  loaned  without  security.  Nothing  herein  shall  prohibit  any 
commercial  bank  from  taking  or  receiving  any  kind,  character  or  amount 
of  security  whatsoever,  either  real  or  personal,  for  the  protection  of 
any  loan  made  under  the  provisions  of  this  subdivision,  but  no  such 
loan  or  any  part  thereof  shall  be  considered  or  construed  as  a  secured 
loan  unless  the  whole  thereof  is  loaned  upon  security'  worth  at  least 
fifteen  per  centum  more  than  the  amount  of  such  loan;  or, 

With  security. 

2.  Fifteen  per  centum,  in  addition  to  the  amount  that  may  be  loaned 
under  the  provisions  of  subdivision  1  of  this  section,  upon  security 
worth  at  least  fifteen  per  centum  more  than  the  amount  of  such  loan  so 
secured;  provided,  however,  that  a  separate  note  or  notes  shall  be  taken 
for  the  unsecured  loans  and  a  separate  note  or  notes  shall  be  taken  for 
the  secured  loans,  and  the  secured  and  unsecured  loans  shall  not  be 
combined  in  any  waj"^  within  one  note,  or  notes;   or, 

With  security.     Loans  on  bills  of  lading,  etc. 

3.  Twenty-five  per  centum  upon  security  worth  at  least  fifteen  per 
centum  more  than  the  amount  of  its  loans  so  secured;  provided,  how- 
ever, that  when  secured  loans  to  this  amount  or  anj"  amount  in  excess 
of  fifteen  per  centum  are  made,  then  no  unsecured  loans  shall  be  per- 
mitted in  addition  to  such  secured  loans. 

A  commercial  bank  may  buy  from,  or  discount  for,  any  person,  firm, 
copartnership  or  corporation,  or  loan  upon  bills  of  lading  or  bills  of 
exchange  drawn  in  good  faith  against  actual  existing  value  an  amount 
not  exceeding  seventy-five  per  centum  of  the  paid-up  capital  and  sur- 
plus of  such  bank;  and  may  also  buy  from  or  discount  for  any  person, 
firm,  copartnership  or  corporation,  commercial  or  business  paper  actually 
owned  by  the  person,  firm,  copartnership  or  corporation  negotiating  the 
same,  an  amount  not  exceeding  twenty-five  per  centum  of  the  paid-up 
capital  and  surplus  of  such  bank;  but  the  discount  of  bills  of  lading  or 
bills   of   exchange   drawn    in   good    faith    against    actual    existing   value. 


Act  297,  §  82  GENER.\L  LAWS.  902 

and  the  discount  of  commercial  or  business  paper  actually  owned  by  the 
person,  firm,  copartnership  or  corporation  negotiating  the  same,  shall 
not  be  considered  as  money  borrowed  by  the  person,  firm,  copartnership 
or  corporation  selling  or  discounting  the  same.  [Amendment  approved 
May  6,   1913;    Stats.   1913,  p.   172.] 

Also   amended  April  21,    1911    (Stats.    1911,   p.    1014). 

Capital  stock. 

§  82.  Every  commercial  bank  hereafter  organized  must  have  paid 
up  in  cash  a  capital  stock  of  not  less  than, 

(a)  Twenty-five  thousand  dollars  if  its  principal  place  of  business  is 
located  in  any  locality  the  population  of  which  does  not  exceed  five 
thousand   persons; 

(b)  Fifty  thousand  dollars  if  its  principal  place  of  business  is 
located  in  any  city  the  population  of  which  is  more  than  five  thousand 
persons  but  does  not  exceed   twenty-five  thousand  persons; 

(c)  One  hundred  thousand  dollars  if  its  principal  place  of  business 
is  located  in  any  city  the  population  of  which  is  more  than  twenty-five 
thousand  persons  but  does  not  exceed  one  hundred  thousand  persons; 

(d)  Two  hundred  thousand  dollars  if  its  principal  place  of  business 
is  located  in  any  city  the  population  of  which  is  more  than  one  hun- 
dred thousand  persons  but  does  not  exceed  two  hundred  thousand  per- 
sons; 

(e)  Three  hundred  thousand)  dollars  if  its  principal  place  of  business 
is  located  in  any  city  the  population  of  which  is  more  than  two  hundred 
thousand  persons. 

Not  applicable  to  existing  banks. 

The  foregoing  classification  shall  not  apply  to  any  commercial  bank 
already  in  existence  which  has  received  its  certificate  to  do  a  banking 
business  from  the  superintendent  of  banks;  nor  to  an}'  bank  the  location 
of  which  shall  have  been  included  by  annexation  or  consolidation  within 
the  limits  of  a  city  of  a  class  requiring  a  larger  capitalization,  but  no 
bank  thus  excepted  shall  be  permitted  to  establish  any  new  branch  office 
as  provided  in  section  9  of  this  act  or  to  remove  its  place  of  business 
from  the  original  limits  of  the  city  or  township  wherein  it  was  located 
prior  to  such  annexation  or  consolidation  until  it  shall  have  the  capital 
re-cjuired  of  banks  in  such  citj^  not  within  said  exception.  Such  excepted 
banks  may  not  in  any  case  decrease  their  capital  stock  but  may  increase 
the  same  in  the  manner  provided  by  law  to  an  amount  either  greater  or 
less  than  that  required  of  banks  in  such  city  not  within  said  exception; 
provided,  that  nothing  herein  shall  be  construed  to  affect  the  provisions 
of  section  19  of  this  act  relative  to  the  proportion  of  capital  and  surplus 
to  deposits  or  of  section  23  of  this  act  relative  to  the  capital  stock  re- 
quired of  banks  doing  a  departmental  business.  The  provisions  of  sec- 
tion 23  of  this  act,  as  to  population,  shall  apply  to  any  bank  organized 


903  BANKS  AND   BANKING.  Act  297,  §  83 

under  the  provisions  of  this  section.     [Amendment  approved  May  6,  1913, 
Stats.  1913,  p.  173. J 

Also   amended  April   21,    1911    (Stats.    1911,   p.    1014). 

Loans  to  officers,  etc.  Credit  to  director.  Particulars  of  loan  reported. 
Penalty. 
§  83.  No  loan  shall  be  made,  directly  or  indirectly,  to  any  officer 
of  any  commercial  bank  by  such  bank,  or  on  the  indorsement,  surety,  or 
guaranty  of  any  such  officer,  except  as  hereinafter  provided  in  this  sec- 
tion. Loans  to  any  director,  agent,  or  other  employee,  or  to  any  firm, 
copartnership,  or  corporation  of  which  any  director,  officer,  agent  or  other 
employee  is  a  member,  stockholder,  director,  agent  or  other  employee, 
or  to  any  person,  firm,  copartnership  or  corporation  on  the  indorsement, 
surety,  or  guaranty  of  any  such  director  other  than  an  officer,  agent  or 
other  employee,  can  be  made  by  any  commercial  bank  only  on  authoriza- 
tion of,  or  confirmation  within  thirty  days  after  making  such  loan,  by  a 
majority  of  all  the  directors  of  such  bank  and  the  affirmative  vote  of 
all  directors  of  such  bank  present  at  the  meeting  authorizing  or  con- 
firming such  loan.  Such  interested  director  shall  not  vote  or  participate 
in  any  manner  in  the  action  of  the  board  on  such  loan.  The  board  of 
directors  of  any  such  bank  may  fix  the  total  amount  of  credit  that  may 
at  any  one  time  during  the  twelve  months  next  succeeding  be  given  to 
any  director,  agent,  or  other  employee,  or  to  any  firm,  copartnership  or 
corporation  in  which  any  director,  officer,  agent,  or  other  employee  is 
a  member,  stockholder,  director,  agent  or  other  employee,  and  any  or  all 
loans  made  within  or  up  to  the  total  amount  of  such  authorized  credit 
may  at  any  time  during  said  twelve  months,  be  renewed  from  time  to 
time,  in  whole  or  in  part,  by  the  officers  of  the  bank  without  any  further 
vote  or  action  on  the  part  of  the  board  of  directors.  Each  such  author- 
ization shall  be  entered  upon  the  records  or  minutes  of  said  bank.  No 
director  shall  vote  or  participate  in  any  manner  in  such  action  of  the 
board  fixing  the  total  amount  of  credit  that  may  at  any  one  time  be 
given  to  himself  or  to  any  firm,  copartnership  or  corporation  in  which  he  is 
a  member,  stockholder,  director,  agent  or  other  employee.  The  fact 
of  making  such  loan,  the  names  of  the  directors  authorizing  such  loan, 
the  name  of  the  director,  agent,  or  employee,  obtaining  such  loan,  or 
the  name  of  the  firm,  copartnership  or  corporation  in  which  such  director, 
officer,  agent,  or  employee  is  interested,  obtaining  such  loan,  the  amount 
of  such  "loan,  the  rate  of  interest  thereon,  the  time  when  the  loan  will 
become  due,  the  amount,  character  and  value  of  security  given  therefor, 
if  any,  and  the  fact  of  payment  when  made,  shall  be  forthwith  reported 
in  writing  by  the  cashier  or  secretary  of  such  bank  to  the  superintendent 
of  banks.  In  case  of  a  loan  so  made  without  the  previous  authorization 
of  the  directors,  the  action  of  the  board  of  directors,  in  confirming  or 
refusing  to  confirm  such  loan  within  thirty  days  thereafter,  shall  be 
reported  in  the  same  manner.  Any  officer,  director,  agent,  or  employee  of 
a  commercial  bank,  who  knowingly  procures  a  loan  from  such  commercial 


Act  297,  §§  84-90  general  laws.  904 

bank  contrary  to  the  provisions  of  this  section,  shall  be  guilty  of  a  felony. 
In  case  of  the  neglect  or  failure  of  the  secretary  or  cashier  of  any  such 
bank,  to  report  to  the  superintendent  of  banks,  as  herein  provided,  any 
of  the  facts  so  required  to  be  reported,  the  bank  shall  be  liable  therefor 
and  shall  forfeit  to  the  people  of  the  state  of  California  twenty-five 
dollars  per  day  for  each  day,  or  part  thereof,  during  which  such  neglect 
or  failure  continues.  [Amendment  approved  May  6,  1913;  Stats.  1913, 
p.  174.] 

Also  amended  April  21,   1911    (Stats.   1911,  p.  1015). 

Investment  in  building. 

§  84.  No  commercial  bank  shall  invest  an  amount  exceeding  its  paid- 
up  capital  and  surplus  in  the  lot  and  building  in  which  the  business 
of  the  bank  is  carried  on,  furniture  and  fixtures,  vaults  and  safe  deposit 
vaults  and  boxes  necessary  or  proper  to  carry  on  its  banking  business; 
and  hereafter  the  authority  of  a  two-thirds  vote  of  all  the  directors  shall 
be  necessary  to  authorize  the  purchase  of  such  lot  and  building  or  the 
construction  of  such  building.  [Amendment  approved  May  6,  1913;  Stats. 
1913,  p.  175.] 

This  section   added  April   21,   1911    (Stats.   1911,   p.   1016). 

Trust  companies.  Capital.  Deposits.  Segregation  of  capital  and  surplus. 
Oaths.  Not  guardian  of  person.  Powers  of  foreign  corporations. 
§  90.  Any  corporation  which  has  been  or  shall  be  incorjiorated  under  the 
general  corporation  laws  of  this  state  which  is  authorized  by  its  articles  of 
incorporation  to  act  as  executor,  administrator,  guardian  of  estates,  as- 
signee, receiver,  depositary  or  trustee,  under  appointment  of  any  court  or 
by  authority  of  any  law  of  this  state,  or  as  trustee  for  any  purpose  per- 
mitted by  law,  which  has  its  principal  place  of  business  in  a  city  in 
which  the  population  does  not  exceed  one  hundred  thousand  persons  and 
which  has  a  capital  of  not  less  than  one  hundred  thousand  dollars  actually 
paid  in,  in  cash,  assigned  to  or  available  for  the  purpose  of  conducting 
business  in  an}'  such  capacity,  or  trust  business  of  any  character  per- 
mitted by  law,  and  which  has  made  with  the  state  treasurer  the  deposit 
of  money  or  securities  of  the  character  and  in  the  amount  required  by 
the  terms  of  section  96  of  this  act,  and  which  has  received  from  the 
superintendent  of  banks  the  certificate  of  authority  required  by  the  terms 
of  section  127  of  this  act,  to  transact  such  business,  and  any  corporation 
which  has  been  or  shall  be  incorporated  under  the  general  corporation 
laws  of  this  state,  which  is  authorized  by  its  articles  of  incorporation  to 
act  as  executor,  administrator,  guardian  of  estates,  assignee,  receiver, 
depositary  or  trustee,  under  appointment  of  any  court  or  by  authority 
of  any  law  of  this  state,  or  as  trustee  for  any  purpose  permitted  by  law, 
which  has  its  principal  place  of  business  iu  a  city  in  which  the  population 
exceeds  one  hundred  thousand  persons  and  which  has  a  capital  of  at  least 
two  hundred  thousand  dollars  actually  paid  in,  in  cash,  assigned  to  or 
available  for  the  purpose  of  conducting  business  in  any  such  capacity. 


905  BANKS  AND   BANKING.  Act  297,  §  90 

or  trust  business  of  any  character  permitted  by  law,  and  which  has  made 
with  the  state  treasurer  the  deposit  of  money  or  securities  of  the  char- 
acter and  in  the  amount  required  by  the  terms  of  section  96  of  this  act, 
and  which  has  received  from  the  superintendent  of  banks  the  certificate 
of  authority  required  by  the  terms  of  section  127  of  this  act,  to  transact 
such  business,  may  act,  or  may  be  appointed  by  any  court  to  act,  in  any 
such  capacity  in  like  manner  as  an  individual  and  when  so  qualified  shall 
be  known  as  a  trust  company.  Any  such  trust  company  may,  as  provided 
in  this  act,  accept  or  receive  any  deposit  of  money  or  personal  property 
authorized,  directed  or  permitted  to  be  made  with  any  such  corporation 
by  any  court  or  law  of  this  state,  and  may  accept  and  execute  any  trust 
provided  for  in  this  act,  or  permitted  by  any  law  of  this  state,  to  be 
taken,  accepted  or  executed  by  an  individual.  Any  such  trust  company, 
if  located  in  a  city  the  population  of  which  does  not  exceed  one  hundred 
thousand  persons  must  segregate  that  portion  of  its  capital  and  surplus 
assigned  to  or  available  for  its  trust  business  and  must  apportion  and 
set  aside  at  least  fifty  thousand  dollars  of  such  paid-up  capital  as  security 
for  the  faithful  performance  and  execution  of  all  private  trusts  accepted 
by  it  and  must  also  apportion  and  set  aside  at  least  fifty  thousand  dollars 
of  such  paid-up  capital  as  security  for  the  faithful  performance  and 
execution  of  all  court  trusts  accepted  by  it  and  whenever  such  trust  com- 
pany shall,  under  the  provisions  of  sections  96  and  9S  of  this  act,  be  re- 
quired to  make  the  first  additional  deposit  of  securities  with  the  state 
treasurer,  such  trust  company  must  also  apportion  and  set  aside  an  addi- 
tional fifty  thousand  dollars  of  paid-up  capital  as  security  for  the  faith- 
ful performance  and  execution  of  all  private  trusts  accepted  by  it  and 
must  also  apportion  and  set  aside  an  additional  fifty  thousand  dollars 
of  paid-up  capital  as  security  for  the  faithful  performance  and  execution 
of  all  court  trusts  accepted  by  it,  and  any  trust  company,  if  located  in 
a  city,  the  population  of  which  exceeds  one  hundred  thousand  persons, 
must  segregate  that  portion  of  its  capital  and  surplus  assigned  to  or 
available  for  its  trust  business  and  must  apportion  and  set  aside  at 
least  one  hundred  thousand  dollars  of  such  paid-up  capital  as  security  for 
the  faithful  performance  and  execution  of  all  private  trusts  accepted  by 
it  and  must  ^so  apportion  and  set  aside  at  least  one  hundred  thousand 
dollars  of  such  paid-up  capital  as  security  for  the  faithful  performance 
and  execution  of  all  court  trusts  accepted  by  it;  provided,  that  no  such 
trust  company  shall  at  any  time  be  required  to  apportion  and  set  aside 
any  portion  of  its  surplus  as  security  for  the  faithful  performance  of  such 
private  trusts,  nor  shall  it  be  prohibited  from  so  doing;  and  provided, 
further,  that  the  respective  amounts  of  capital  or  capital  and  surplus 
so  apportioned  and  set  aside  shall  be  treated  in  all  respects  as  the  sepa- 
rate capital  or  capital  and  surplus  of  each  respective  kind  or  class  of  busi- 
ness, as  though  the  same  were  conducted  by  separate  and  distinct  cor- 
porations, and  each  shall  be  kept,  held,  used  and  disposed  of  wholly 
for  the  exclusive  benefit,  protection  and  security  of  the  respective  classes 
of  trust  business  to  which  the  same  were  respectively  so  apportioned  and 


Act  297,  §  91  GENERAL   LAWS.  906 

set  aside.  In  all  cases  in  wliich  it  is  required  that  an  executor,  admin- 
istrator, guardian  of  estates,  assignee,  receiver,  depositary  or  trustee, 
shall  qualify  by  taking  and  subscribing  an  oath,  or  in  which  an  affidavit 
is  required,  it  shall  be  a  sufficient  qualification  by  such  corporation  if  such 
oath  be  taken  and  subscribed  or  such  affidavit  made  by  the  president, 
vice-president,  secretary,  manager,  trust  officer,  assistant  trust  officer,  or 
regularly  employed  attorney  thereof,  and  such  officer  or  employee  shall  be 
liable  for  the  failure  of  such  trust  company  to  perform  any  of  the  duties 
required  by  law  to  be  performed  by  an  individual  acting  in  like  capacity 
and  subject  to  like  penalties;  provided,  any  such  appointment  as  guardian 
shall  apply  to  the  estate  only,  and  not  to  the  person.  No  foreign  corpora- 
tion shall  have  or  exercise  in  this  state  the  power  to  act  as  trustee  under 
any  mortgage,  deed  of  trust,  or  other  instrument  securing  notes  or  bonds 
issued  by  any  corporation,  excepting  that  a  foreign  corporation  may  be 
authorized  to  act,  outside  of  the  state  of  California,  as  cotrustee  with 
any  qualified  trust  company  organized  and  doing  business  under  the  laws 
of  this  state,  for  the  following  purposes  with  reference  to  bonds  secured 
by  mortgage  or  deed  of  trust  of  property  in  this  state,  and  none  other: 

(1)  To  deliver  bonds,  and  receive  payment  therefor. 

(2)  To  deliver  permanent  bonds  in  exchange  for  temporary  bonds  of 
the  same  issue. 

(3)  To  deliver  refunding  bonds  in  exchange  for  those  of  a  prior  issue 
or  issues. 

(4)  To  register  bonds,  or  to  exchange  registered  bonds  for  coupon 
bonds,  or  coupon  bonds  for  registered  bonds. 

(5)  To  pay  interest  on  such  bonds,  and  to  take  up  and  cancel  coupons 
representing  such  interest  payments. 

(6)  To  redeem  and  cancel  bonds  when  called  for  redemption,  or  to  pay 
and   cancel   bonds   when   due. 

(7)  The  certification  of  registered  bonds  for  the  purpose  of  exchanging 
registered  bonds  for  coupon  bonds.  [Amendment  approved  May  6,  1913; 
Stats.  1913,  p.  175.] 

Deposit  of  trust  funds  by  executor,  etc. 

§  91.  Any  court  having  jurisdiction  of  any  executor,  administrator, 
guardian,  assignee,  receiver,  depositary  or  trustee,  upon  the  application 
of  any  such  officer  or  trustee,  or  upon  the  application  of  any  person  hav- 
ing an  interest  in  the  estate  or  property  administered  by  such  officer  or 
trustee,  after  such  notice  to  the  other  parties  in  interest  as  the  court 
may  direct,  and  after  a  hearing  upon  such  application,  may  authorize 
such  officer  or  trustee  to  deposit  any  moneys  then  in  his  hands,  or  which 
may  come  into  his  hands  thereafter,  until  the  further  order  of  said  court, 
with  any  such  trust  company,  and  upon  deposit  of  such  money,  and  its 
receipt  and  acceptance  by  such  trust  company,  the  said  officer  or  trustee 
shall  be  discharged  from  further  care  or  responsibility  therefor.  Such 
deposit  shall  be  paid  out  onlv  upon  the  order  of  said  court.  [Amendment 
approved  May  6,  1913;  Stats.  1913,  p.  178. J 


907  BANKS  AND   BANKING.  Act  297,  §§  92-95 

Deposit  of  trust  funds  by  public  administrator. 

§  92.  Any  public  administrator  may  deposit  any  or  all  moneys  of 
any  estate  upon  wliieh.  he  is  administering,  not  required  for  the  current 
expenses  of  such  administration,  with  any  such  trust  company  having 
its  principal  place  of  business  in  the  county,  or  city  and  county  in  which 
he  is  acting  as  such  administrator.  Any  court  having  jurisdiction  of  an 
estate  being  administered  by  a  public  administrator,  may  direct  such 
administrator  to  deposit  all  or  any  part  of  the  moneys  of  said  estate 
with  any  such  trust  company.  Such  deposit  shall  relieve  the  public  ad- 
ministrator from  depositing  with  the  county  treasurer  the  moneys  so 
deposited  with  such  trust  company.  Moneys  so  deposited  by  a  public 
administrator  may  be  drawn,  upon  the  order  of  such  administrator, 
countersigned  by  a  .judge  of  the  superior  court,  when  required  for  the 
purposes  of  administration,  or  otherwise.  [Amendment  approved  May  6, 
1913;  Stats.  1913,  p.  178.] 

Court  may  order  deposit. 

§  93.  Any  court  having  jurisdiction  of  any  estate  in  process  of  ad- 
ministration, or  any  other  proceeding,  ma}',  on  application  of  any  person 
interested  therein,  or  the  person  who  has  been  selected  by  said  court,  or 
a  judge  thereof,  as  executor,  administrator,  guardian,  assignee,  receiver, 
depositary  or  trustee,  after  such  notice  to  the  parties  in  interest  as  the 
court  shall  direct,  or  without  notice  if  all  parties  in  interest  consent 
thereto,  and  a  hearing  on  such  application,  order  any  executor,  admin- 
istrator, guardian,  assignee,  receiver,  depositary  or  trustee  so  selected 
or  appointed,  whether  such  person  has  duly  qualified  or  not  to  deposit 
with  any  such  trust  company,  for  safekeeping,  such  portion  or  all  of  the 
personal  assets  of  said  estate  as  the  court  shall  deem  proper,  and  upon 
such  deposit  being  made,  the  court  shall  by  an  order  of  record  reduce  the 
bond  to  be  given  or  theretofore  given  by  such  officer  or  trustee,  so  as  to 
cover  only  the  estate  remaining  in  the  hands  of  said  officer  or  trustee; 
and  the  property  so  deposited  shall  thereupon  be  held  by  such  trust  com- 
panv,  under  the  order  and  direction  of  said  court.  [Amendment  ap- 
proved May  6,  1913;  Stats.  1913,  p.  178.] 

No  bond  required. 

§  94.  Such  trust  company  shall  not  be  required  to  give  any  bond 
or  security  in  case  of  any  appointment  or  deposit  of  monej's  or  other 
personal  assets  hereinbefore  provided  for,  except  as  provided  in  this 
act,  but  shall  be  responsible  for  all  investments  which  shall  be  made 
by  it  of  the  funds  which  may  be  intrusted  to  it  for  investment  by  such 
court,  and  shall  be  liable  to  the  same  extent  as  an  individual,  and  as 
hereinafter  provided.  [Amendment  approved  May  6,  1913;  Stats.  1913, 
p.  179.] 

Interest  on  deposits. 

§  95.  Such  trust  company  shall  pay  interest  upon  all  moneys  so  de- 
posited with  it  at  such  rate  as  may  be  agreed  upon  at  the  time  of  its 


Act  297,  §  96  GENERAL   LAWS.  908 

acceptance  of  any  such  deposit,  or  as  shall  be  provided  by  the  order 
of  court  and  agreed  to  by  such  trust  company.  [Amendment  approved 
May  6,  1913;  Stats.  1913,  p.  179.] 

Security  deposit  with  state  treasurer.     Securities  acceptable.     Exchange 

of  securities. 
§  96.  Any  such  trust  company,  if  its  principal  place  of  business  is 
situated  in  a  city  the  population  of  which  docs  not  exceed  one  hundred 
thousand  persons,  before  accepting  any  such  appointment  or  deposit,  shall 
deposit  with  the  state  treasurer,  as  herein  provided,  at  least  fifty  thou- 
sand dollars  as  security  for  the  faithful  performance  and  execution  of 
all  court  trusts  accepted  by  it,  and  shall  also  deposit  with  the  state 
treasurer  at  least  fifty  thousand  dollars  as  security  for  the  faithful  per- 
formance and  execution  of  all  private  trusts  accepted  by  it;  and  when- 
ever any  such  trust  company  shall  under  the  provisions  of  section  98  of 
this  act  be  required  to  make  the  first  additional  deposit  of  securities  with 
the  state  treasurer  such  trust  company  must  also  deposit  with  the  state 
treasurer  an  additional  fifty  thousand  dollars  as  security  for  the  faithful 
performance  and  execution  of  all  private  trusts  accepted  by  it;  and  any 
trust  company  if  its  principal  place  of  business  is  situated  in  a  city  the 
population  of  which  exceeds  one  hundred  thousand  persons,  before  ac- 
cepting any  such  appointment  or  deposit,  shall  deposit  with  the  state 
treasurer,  as  herein  provided  at  least  one  hundred  thousand  dollars,  as 
security  for  the  faithful  performance  and  execution  of  all  court  trusts 
accepted  by  it,  and  shall  also  deposit  with  the  state  treasurer  at  least 
one  hundred  thousand  dollars  as  security  for  the  faithful  performance 
and  execution  of  all  private  trusts  accepted  by  it.  Any  such  deposit 
may  be  made  either  in  lawful  money  of  the  United  States,  or  in  securities 
of   either  or  any   of  the  following  classes: 

(a)  Bonds  issued  by  the  United  States  or  by  this  state  or  by  any 
county,  city  or  school  district  therein; 

(b)  Bonds  for  the  payment  of  which  the  faith  and  credit  of  the 
United   States  or  of  this  state  are  pledged; 

(c)  Notes  or  bonds  secured  by  mortgage  or  deed  of  trust  constituting 
a  first  lien  on  improved  and  productive  real  estate  in  the  state  of  Cali- 
fornia; such  improved  real  estate  being  worth  at  least  double  the  amount 
of  such  lien.  Such  money  or  securities  shall  be  first  approved  by  the 
superintendent  of  banks  and,  upon  his  written  order,  deposited  with  the 
state  treasurer  for  the  respective  purposes  herein  specified,  and  said 
treasurer  shall  give  his  receipt  therefor,  and  thereafter,  subject  to  the 
provisions  of  this  act,  shall  hold  such  deposits  of  money  or  securities 
separately,  each  for  the  sole  benefit  of  the  beneficiaries  of  the  class  of 
trust  business,  for  the  security  and  protection  of  which  the  same  was 
dcpositetl,  and  said  treasurer  shall  give  his  receipt  therefor  and  the  state 
shall  be  responsible  for  the  custody  and  safe  return  of  any  money  or 
securities  so  deposited.  Said  securities  or  money  so  deposited  maj-,  with 
the  approval  of  the  superintendent  of  banks,  be  withdrawn  or  exchanged 


909  BANKS    AND    BANKING.  Act  297,  §§  97,  98 

from  time  to  time  for  other  like  securities,  or  lawful  money,  receivable 
as  aforesaid,  and  so  long  as  the  trust  company  so  depositing  said  money 
or  securities  shall  continue  solvent,  it  shall  have  the  right  and  shall  be 
permitted  by  the  state  treasurer  to  receive  the  interest  and  dividends  on 
any  securities  so  deposited.  Said  securities  and  money  shall  be  subject 
to  sale  and  transfer,  and  to  the  disposal  of  the  proceeds  by  said  state 
treasurer,  only  on  tbe  order  of  a  court  of  competent  jurisdiction  and  for 
tlie  benefit  respectively  of  the  beneficiaries  of  that  class  of  trust  business 
for  the  security  and  protection  of  which  the  same  were  deposited. 
[Amendment  approved  May  6,  1913;  Stats.  1913,  p.  179.] 
Also   amended  April  21,   1911    (Stats.   1911,   p.   1015). 

Mortgage  of  building. 

§  97.  Any  such  trust  company,  having  a  capital  and  surplus  of  two 
hundred  thousand  dollars  or  more  apportioned  and  set  aside  as  security 
for  the  faithful  performance  and  execution  of  all  court  trusts  accepted 
by  it,  as  provided  in  this  act,  and  which  is  wholly  or  in  part  invested 
in  the  lot  and  building  in  which  its  business  is  carried  on,  may  be  per- 
mitted by  the  superintendent  of  banks  to  mortgage  such  lot  and  build- 
ing to  the  state  treasurer  for  such  sum,  up  to  its  full  market  value,  as 
the  superintendent  of  banks  may  determine,  and  such  mortgage  may  be 
deposited  with  said  treasurer,  and  when  so  deposited  it  shall  be  in- 
cluded in  the  amount  of  securities  herein  required  to  be  deposited  with 
said  treasurer  as  security  for  the  faithful  performance  of  all  such  court 
trusts.      [Amendment  approved  May  6,   1913;   Stats.  1913,  p.   ISO.] 

Wlien  trust  funds  exceed  five  hundred  thousand  dollars.  When  trust 
funds  exceed  one  million  dollars.  Treasurer's  receipt.  "Trust 
funds"  defined.  Penalty.  Validity  of  facts. 
§  98.  Whenever  any  trust  company,  the  principal  place  of  business 
of  which  is  located  in  a  city  the  population  of  which  does  not  exceed 
one  hundred  thousand  persons,  receives  from  court  trusts  accepted  by 
it,  trust  funds,  as  herein  defined,  to  the  amount  of  five  hundred  thou- 
sand dollars,  it  shall  forthwith  notify  in  writing  the  superintendent  of 
banks  of  puch  fact,  and  within  thirty  days  thereafter  shall  deposit  with 
the  state  treasurer  additional  money  or  securities  of  the  character  men- 
tioned and  defined  in  section  96  of  this  act,  approved  as  therein  pro- 
vided, in  the  amount  of  fifty  thousand  dollars;  and  whenever  any  trust 
company  receives  from  court  trusts  such  funds  to  the  amount  of  one 
million  dollars  it  shall  further  notify  in  writing  the  superintendent  of 
banks  of  such  fact  and  within  thirty  days  thereafter  shall  deposit  with 
the  state  treasurer  additional  money  or  securities  of  the  character  men- 
tioned and  defined  in  section  96  of  this  act,  approved  as  therein  provided, 
in  the  amount  of  fifty  thousand  dollars;  and  for  each  additional  five 
hundred  thousand  dollars  of  such  trust  funds  thereafter  received  by  any 
trust  company  from  court  trusts  a  similar  notification  in  writing 
shall  forthwith  be  given  to  the  superintendent  of  banks,  and  a  further 


Act  297,  §99  GENERAL  LAWS.  910 

deposit  in  the  amount  of  twenty-five  thousand  dollars  of  such  money  or 
securities,  or  of  securities  provided  for  in  section  97  of  this  act  likewise 
approved,  shall  be  made,  within  thirty  days  thereafter,  by  such  trust 
companj'  with  said  state  treasurer.  The  treasurer  shall  give  his  receipt 
for  any  money  or  securities  so  deposited  and  each  and  all  of  said  de- 
posits of  money  or  securities,  shall  be  held  by  said  state  treasurer  for 
the  sole  benefit  of  the  beneficiaries  of  the  class  of  business  for  the  se- 
curity and  protection  of  which  same  were  deposited.  The  state  shall  be 
responsible  for  the  custody  and  safe  return  of  any  money  or  securities 
so  deposited  with  said  state  treasurer.  The  term  "trust  funds"  when 
used  in  this  section  shall  be  deemed  to  mean  and  shall  mean  personal 
property  and  cash,  whether  received  with  the  original  trust  property  or 
as  rent,  income  or  proceeds  thereof,  or  otherwise,  in  connection  with  the 
trust,  and  shall  not  be  deemed  to  include  and  shall  not  include  real 
property.  Any  trust  company  failing  to  comply  with  the  provisions  of 
this  section  shall  forfeit  to  the  state  of  California  one  hundred  dollars 
a  day  for  each  day  during  which  such  failure  or  default  shall  continue. 
Upon  making  a  request  in  writing  to  the  superintendent  of  banks,  any 
such  trust  company  shall  be  entitled  to  withdraw  from  the  state  treas- 
urer, from  time  to  time,  a  suflicient  amount  of  such  securities  so  that  at 
all  times  the  amount  of  such  securities  so  deposited  shall  conform  to 
the  requirements  of  this  act,  and  so  that  at  no  time  shall  such  trust 
company  be  required  to  have  on  deposit  with  the  state  treasurer  an 
amount  of  securities  in  excess  of  the  requirements  of  this  act.  Upon 
receiving  such  request  in  writing,  and  satisfactory  proofs  of  the  facts 
warranting  such  witlidrawal,  it  shall  be  the  duty  of  the  superintendent 
of  banks  to  forthwith  deliver  to  the  state  treasurer  a  written  order  di- 
recting the  withdrawal  of  said  securities  so  as  to  conform  with  the 
provisions  of  this  section,  and  it  shall  be  the  duty  of  the  state  treasurer 
to  comply  with  such  written  order.  The  validity  or  legality  of  any  act 
or  proceeding  clone  or  taken  by  any  such  trust  company,  relating  to  or 
in  connection  with  the  administration  of  any  such  trusts,  shall  not  be 
affected  or  impaired  by  the  neglect  or  failure  of  such  trust  company, 
or  of  any  officer  or  employee  thereof,  to  comply  with  any  of  the  pro- 
visions of  this  act,  but  all  such  acts  and  proceedings  done  or  taken  prior 
to  the  revocation  of  its  certificate  of  authority  to  do  such  business  by 
the  superintendent  of  banks,  under  the  provisions  of  this  act,  or  the 
revocation  by  any  court  or  judge  thereof  of  the  appointment,  order  or 
decree  theretofore  entered  in  such  trust  matter  shall  be  as  valid  and 
effective  for  all  purposes  as  if  any  such  neglect  or  failure  had  not  oc- 
curred.    [Amendment  approved  May  6,  1913;  Stats.  1913,  p.  ISl.] 

Abstract  of  title.     Fees. 

§  99.  When  any  part  of  the  securities  so  deposited  with  the  state 
treasurer  consists  of  notes  or  bonds  secured  by  mortgage  or  deed  of 
trust,  it  shall  be  accompanied  by  a  complete  abstract  of  title  or  an  un- 
limited certificate   of   title   or   a  policy   of   title   insurance   prepared   or 


911  BANKS  AND  BANKING.        Act  297,  §§  100-102 

issued  by  a  person,  company  or  corporation  designated  or  approved  by 
the  superintendent  of  banks  and  authorized  by  law  or  otherwise  found 
by  the  superintendent  of  banks  to  be  competent  to  issue  such  evidence 
of  title,  which  shall  be  examined  and  approved  by  or  under  the  direction 
of  said  superintendent  of  banks.  The  fees  for  an  examination  of  such 
evidence  of  title  by  counsel  to  be  paid  by  the  trust  company  making 
the  deposit  shall  not  exceed  twenty  dollars  for  each  title  examined,  and 
the  fee  for  each  appraiser  not  exceeding  two,  shall  not  exceed  five  dol- 
lars for  each  mortgage  or  deed  of  trust.  [Amendment  approved  May  6, 
1913;  Stats.  1913,  p.  182.] 

Paid-up  capital  required. 

§  100.     [Repealed  May  6,  1913;  Stats.  1913,  p.  182.] 

Classification  of  trusts.     Court  trust.     Private  trust. 

§  101.  For  the  purposes  of  this  act,  all  trusts  permitted  to  be  accepted 
or  executed  by  any  such  trust  company,  under  any  provision  of  this  act 
are  hereby  classified  and  defined  as  either: 

(a)  Court  trusts;  or 

(b)  Private   trusts. 

A  court  trust  is  one  in  which  any  such  trust  company  acts  under  ap- 
pointment, order  or  decree  of  any  court,  as  executor,  administrator, 
guardian,  assignee,  receiver,  depositary  or  trustee,  or  in  which  it  receives 
on  deposit  from  a  public  administrator,  under  any  provision  of  this  act, 
or  from  any  executor,  administrator,  guardian,  assignee,  receiver,  de- 
positary or  trustee,  under  any  order  or  decree  of  any  court,  money  or 
property.  Any  other  trust  is  a  private  trust.  The  inspection  and  super- 
vision of  the  superintendent  of  banks  shall  extend  only  to  court  trusts 
as  herein  defined.  Private  trusts  shall  not  be  subject  to  the  inspection 
or  supervision  of  the  superintendent  of  banks,  his  attorneys,  examiners 
or  other  assistants.  In  making  the  reports  to  the  superintendent  of 
banks  required  by  this  act,  every  trust  company  shall,  in  addition  to  the 
other  facts  to  be  reported  by  it,  furnish  only  a  list  and  brief  description 
of  the  court  trusts  held  by  it,  the  source  of  appointment  thereto,  the 
authority  by  which  the  appointment  or  deposit  was  made,  and  the 
amount  of  real  or  personal  property  held  by  such  trust  company  by 
virtue  thereof.     [Amendment  approved  May  6,  1913;  Stats.  1913,  p.  182.] 

Discontinuance  of  trust  business. 

§  102.  Any  corporation  which  desires  to  withdraw  from  and  discon- 
tinue doing  a  trust  business  shall  furnish  to  the  superintendent  of  banks 
satisfactory  evidence  of  its  release  and  discharge  from  all  the  obligations 
and  trusts  hereinbefore  provided  for,  and  thereupon  the  superintendent 
of  banks  shall  revoke  his  certificate  of  authority  to  do  a  trust  business 
theretofore  issued  to  such  corporation,  and  the  state  treasurer  shall  re- 
turn to  said  corporation  all  the  securities  deposited  by  such  corporation 
and  shall  cancel  any  mortgage  made  by  such  corporation  to  said  state 
treasurer  as  a  part  of  such  securities,  and  thereafter  such  corporation  shall 


Act  297,  §§  103-106         general  laws.  912 

not  be  permitted  to  use  and  shall  not  use  the  word  "trust"  in  its  cor- 
porate name  or  in  connection  with  its  business.  [Amendment  approved 
May  6,  1913;  Stats.  1913,  p.  183.] 

Secrecy  of  communications  concerning  private  trusts. 

§  103.  Any  trust  company  e-xercisiug  the  powers  and  performing  the 
duties  provided  for  in  this  act,  shall,  cxcejit  as  herein  otherwise  provided, 
keep  inviolate  all  communications  and  writings  made  to  or  by  said  trustee 
touching  the  existence,  condition,  management  and  administration  of 
any  private  trust  confided  to  it;  and  no  creditor  or  stockholder  of  any 
such  trust  company  shall  be  entitled  to  disclosure  or  knowledge  of  any 
such  communication  or  writing;  provided,  however,  that  the  president, 
vice-president,  manager,  trust  officer,  secretary  or  regularly  employed 
attorney  of  any  such  trust  company  shall  be  entitled  to  knowledge  of 
any  such  communication  or  writing,  and  provided  further,  that  in  any 
suit  or  proceeding  touching  the  existence,  condition,  management  or 
administration  of  any  such  trust,  the  court  wherein  the  same  is  pendinjf 
may  require  disclosure  of  anv  such  communication  or  writing.  [Amend- 
ment approved  May  6,  1913;"^Stats.  1913,  p.  183.] 

Word  "trust"  prohibited  to  whom.     Effect  of  use  of  word  "trust." 
§  104.     [Repealed  May  6,  1913;  Stats.  1913,  p.  183.] 

Investment  of  capital,  etc. 

§  105.  Every  trust  company  shall,  except  as  otherwise  provided  by 
law,  invest  its  capital  and  surplus  and  any  trust  funds  received  by  it 
in  connection  with  its  trust  business,  in  accordance  with  the  laws  rela- 
tive to  the  investment  or  loan  of  funds  deposited  with  savings  baaks, 
unless  a  specific  agreement  to  the  contrary  is  made  between  the  trust 
company  and  the  party  creating  the  trust,  or  unless  it  is  otherwise  or- 
dered by  the  court,  in  connection  with  any  court  trust.  [Amendment 
approved  May  6,  1913;  Stats.  1913,  p.  183.] 

Trust  company  doing  commercial  business. 

§  106.  Any  such  trust  company  desiring  to  do,  or  doing,  a  commercial 
banking  business  or  a  savings  bank  business,  or  both,  in  addition  to  its 
trust  business  shall  have  actually  paid  up,  in  cash,  the  amount  of  capital 
provided  in  section  23  of  this  act.  Any  title  insurance  company  author- 
ized by  its  articles  of  incorporation  to  do,  or  doing  a  trust  business, 
in  addition  to  its  title  insurance  business,  shall  comply  with  all  the 
requirements  of  -any  law  governing  trust  companies,  and  shall  have  a 
capital  stock  actually  paid  in,  in  cash,  of  not  less  than  two  hundred 
thousand  dollars,  and  in  addition  thereto,  the  capital  stock  required 
by  law  for  doing  a  title  insurance  business.  Such  capital  for  each  such 
department  or  class  of  business  shall  be  increased  from  time  to  time 
in  the  same  manner  and  to  the  same  extent  as  though  each  such  de- 
partment or  class  of  business  was  conducted  by  a  separate  bank,  trust 
company    or    title    insurance    company,    instead    of    as    separate    depart- 


913  BANKS  AND  BANKING.         Act  297,  §§  107-121 

ments  or  classes  of  business.  Any  trust  company  and  any  title  insur- 
ance company  doing  a  departmental  business  as  above  provided  shall 
fomply  with  the  provisions  of  this  act  governing  each  of  such  depart- 
ments and  with  the  provisions  of  any  law  governing  each  such  class 
of  business  as  to  its  deposits,  reserve,  surplus,  investments  and  loans. 
[Amendment  approved  May  6,  1913;  Stats.  1913,  p.  184.] 

Departmental  business  as  title  insurance  company  and  as  trust  company. 
§  107.  Any  corporation  doing  a  departmental  business  as  a  title 
insurance  company  and  as  a  trust  company,  shall,  as  to  its  trust  depart- 
ment, be  subject  to  the  supervision  and  inspection  of  the  superintendent 
of  banks,  and  as  to  its  trust  department  must  make  all  reports  to  the 
superintendent  of  banks  required  to  be  made  by  trust  companies  by 
the  provisions  of  this  act,  and  as  to  its  trust  department  such  corpora- 
tion shall  also  be  subject  to,  and  shall  have  the  benefit  of  all  other 
])rovisions  and  requirements  of  this  act  applicable  to  trust  companies, 
and  shall  also  be  subject  to  and  shall  have  the  benefit  of  all  of  the 
banking  laws  and  rules  and  regulations  of  the  banking  department  of 
this  state  apf>licable  to  trust  companies.  The  proportionate  part  of  the 
state  banking  fund  provided  for  by  section  123  of  this  act,  that  shall 
be  payable  by  such  corporation,  shall  be  based  on  the  amount  of  cap- 
ital and  surplus'  of  such  corporation  apportioned  to  its  trust  department. 
[Xew  section  approved  May  6,  1913;   Stats.  1913,  p.  181.] 

State  banking  department  superintendent  appointed  by  governor. 

§  120.  There  is  hereby  created  a  state  banking  department.  The 
chief  officer  of  such  department  shall  be  the  superintendent  thereof,  and 
be  known  as  the  superintendent  of  banks.  He  shall  be  appointed  by  the 
governor,  and  shall  hold  office  at  the  pleasure  of  the  governor.  He  shall 
not,  either  directly  or  indirectly,  be  interested  in  any  commercial  bank, 
savings  bank  or  trust  company,  or  as  an  individual  banker.  He  shall 
receive  an  annual  salary  of  ten  thousand  dollars,  to  be  paid  monthly  out 
of  the  state  treasury  on  a  warrant  of  the  controller.  He  shall,  within 
fifteen  days  from  the  time  of  notice  of  his  appointment,  take  and  sub- 
scribe to  the  constitutional  oath  of  office,  and  file  the  same  in  the  office 
of  the  secretary  of  state,  and  execute  to  the  people  of  the  state  a  bond 
in  the  penal  sum  of  fifty  thousand  dollars,  with  corporate  surety  or  two 
or  more  sureties  to  be  approved  by  the  governor  of  the  state,  condi- 
tioned for  the  faithful  discharge  of  the  duties  of  his  office.  [Amend- 
ment approved  February   6,   1911;   Stats.   1911,   p.    7.] 

Employees  of  superintendent  of  banks.     Compensation.     In  case  of  va- 
cancy.    Not  to  borrow  from  banks. 
§  121.     The    superintendent    of    banks    shall    employ    a    chief    deputy, 
attorney   and    such    examiners    and    other    assistants    as   he   may   need    to 
discharge  in  a  proper  manner  the  duties  imposed  upon  him  by  law,  none 
of  which  examiners  or  assistants  or  attorney  shall  -be  interested  in  any 
bank  in  this  state  as  director,  stockholder,  officer  or  employee,  and  they 
58 


Act  297,  §  123  GENERAL   LAWS,  914 

shall  perform  such  duties  as  he  shall  assign  to  them.  He  shall  fix  the 
compensation  of  the  chief  deputy,  attorney,  examiners  and  other  assist- 
ants, which  compensation  shall  be  paid  monthly  on  his  certificate  and 
on  the  warrant  of  the  controller  out  of  the  state  treasury.  The  chief 
deputy  shall  within  fifteen  days  from  the  time  of  his  appointment  take 
and  subscribe  to  the  constitutional  oath  of  office  and  file  the  same  in 
the  office  of  the  secretary  of  state.  No  person  shall  be  appointed  a 
chief  deputy  who  has  not  had  at  least  three  years'  active  banking  ex- 
perience, either  as  an  executive  officer  or  employee  of  some  bank  in  tliis 
state.  In  case  of  the  absence  or  inability  to  act,  or  vacancy  in  the 
office  of  the  superintendent  of  banks  for  thirty  consecutive  days,  the 
chief  deputy  shall  execute  to  the  people  of  the  state  a  bond  in  the 
penal  sum  of  fifty  thousand  dollars,  with  corporate  surety  or  two  sure- 
ties to  be  approved  by  the  controller  and  treasurer  of  the  state,  condi- 
tioned for  the  faithful  discharge  of  the  duties  of  the  superintendent 
while  such  deputy  acts  as  superintendent,  and  upon  filing  such  bond 
such  deputy  shall  have  all  the  power  and  duties  of  superintendent  of 
banks,  until  the  inability  of  the  superintendent  shall  be  removed,  or 
until  a  new  superintendent  of  banks  shall  have  been  appointed  by  the 
governor.  No  superintendent  of  banks,  chief  deputy,  or  bank  exam- 
iner, shall  be  or  shall  become  indebted,  directly  or  indirectly,  either  as 
borrower,  indorser,  surety,  or  guarantor,  to  any  bank  nnder  his  super- 
vision or  subject  to  his  examination.  [Amendment  approved  May  6, 
1913;  Stats.  1913,  p.  184.] 

Also  amended  April  21,   1911    (Stats.   1911,  p.   1017). 

State  banking  fund  created.     Revolving  fund. 

§  123.  A  fund  is  hereby  created  to  be  known  as  the  state  banking 
fund,  and  out  of  said  fund  shall  be  i)aid  all  the  expenses  incurred  in 
and  about  the  conduct  of  the  business  of  the  banking  department,  in- 
cluding the  salary  of  the  superintendent,  chief  deputy,  attorney,  exam- 
iners and  other  assistants,  traveling  expenses,  furnishing  of  rooms  and 
rent.  Each  bank  shall  pay  annually  its  share  of  eighty-seven  thousand 
five  hundred  dollars,  to  be  determined  by  the  proportion  which  the 
capital  and  surplus  which  shall  include  all  reserve  and  contingent  funds, 
of  any  incorporated  bank  or  the  surplus,  reserve  and  contingent  fund> 
of  any  bank  organized  without  a  capital  stock  bear  to  the  capital,  sur- 
plus, reserve  and  contingent  funds  in  the  aggregate  of  all  such  banks 
receiving  certificates  of  authorization  from  the  superintendent  of  banks, 
as  shown  by  the  last  report  of  such  bank  to  the  superintendent  of  banks. 
All  moneys  collected  or  received  by  the  superintendent  of  banks,  under 
and  by  virtue  of  the  provisions  of  this  act,  shall  be  by  him  delivered 
to  the  treasurer  of  the  state,  who  shall  deposit  the  same  to  the  credit 
of  said  banking  fund,  and  the  unexpended  balances  of  all  moneys  here- 
tofore paid  into  the  state  treasury  by  any  of  the  bank  commissioners 
or  the  superintendent  of  banks,  shall  be  retained  and  become  a  part  of 
s^id  fund;  provided,  however,  that  the  superintendent  shall  have  author- 


915  BANKS    AND    BANKING.  Act  297,  §  124 

ity  to  retain  in  his  possession  and  under  his  control  the  sum  of  five 
lumdred  dollars  to  be  used  by  him  as  a  revolving  fund  for  the  benefit 
of  the  state  banking  department  until  the  end  of  the  fiscal  }-ear  at 
which  time  he  shall  make  full  settlement  with  the  treasurer  of  the  state. 
If  any  such  bank  shall  fail  to  pay  such  charges  as  are  herein  required, 
the  superintendent  shall  forthwith  cancel  the  certificate  of  said  bank. 
[Amendment  approved  May  6,  1913;  Stats.  1913,  p.  185.] 
Also    amende4   April   21,    1911    (Stats.    1911,   p.    1015). 

Inspection  of  banks.  Extra  examinations.  May  administer  oaths. 
Audit. 
§  124.  Every  bank  and  trust  department  of  every  title  insurance 
companj'-  doing  a  trust  business,  shall  be  subject  to  the  inspection  of 
the  superintendent  of  banks.  The  superintendent  of  banks,  the  chief 
deputy,  or  some  competent  person  or  persons  to  be  appointed  by  the 
superintendent  of  banks,  to  be  known  as  examiners,  shall  visit  and  ex- 
amine every  bank  at  least  once  each  fiscal  year.  On  ever}'  such 
examination  inquiries  shall  be  made  by  him  as  to  the  condition  and 
resources  of  the  bank,  the  mode  of  conducting  and  managing  its  affairs, 
the  action  of  its  directors,  the  investment  and  disposition  of  its  funds, 
the  safety  and  prudence  of  its  management,  the  security  afforded  to 
those  by  whom  its  engagements  are  held  and  whether  the  requirements 
of  its  articles  of  incorporation  and  the  law  have  been  complied  with  in 
the  administration  of  its  affairs,  and  as  to  such  other  matters  as  the 
superintendent  may  prescribe.  Whenever,  in  the  judgment  of  the  super- 
intendent of  banks,  the  condition  of  any  bank  renders  it  necessary  or 
expedient  to  make  an  extra  examination  or  to  devote  any  extraordinary 
attention  to  its  affairs,  the  superintendent  of  banks  shall  have  authority 
to  make  any  and  all  necessary  extra  examinations  and  to  devote  any 
necessary  extra  attention  to  the  conduct  of  its  affairs;  and  such  bank 
shall  pay  for  all  such  extra  services  rendered  by  the  superintendent 
of  banks  at  a  price  to  be  fixed  by  the  superintendent  of  banks  but  not 
to  exceed  twenty  dollars  per  day.  The  superintendent  of  banks  shall 
also  have  power  to  examine,  or  cause  to  be  examined,  every  agency 
located  in  this  state  of  any  foreign  bank  or  banking  corporation,  for 
the  purpose  of  ascertaining  whether  it  has  complied  with  the  laws  of 
this  state,  and  for  such  other  purposes  and  as  to  such  other  matters 
as  the  superintendent  may  prescribe.  The  superintendent,  chief  deputy, 
and  every  such  examiner  shall  have  the  power  to  administer  an  oath 
to  any  person  whose  testimony  he  may  require  on  the  examination 
of  any  bank,  or  on  the  examination  of  any  agency  of  any  foreign  bank 
or  banking  corporation,  and  to  compel  appearance  and  attendance  of  any 
such  person  for  tlie  purpose  of  any  such  examination.  When  a  bank 
shall  have  been  examined  by  any  examiner,  and  he  finds  securities 
therein  which  are,  in  his  judgment,  of  doubtful  value,  he  shall  report 
the  same  to  the  superintendent  of  banks,  who  thereupon  shall  be  author- 
ized to  employ  appraisers  at  the  expense  of  such  bank  to  appraise  said 


1 

Act  297,  §§  127, 128  general  laws.  916 

securities,  at  a  compensation  to  be  fixed  by  the  superintendent  of  banks. 
The  superintendent  of  banks  shall,  whenever  requested  to  do  so  by  any 
bank,  provide  an  auditor  to  make  an  audit  of  the  affairs  of  such  bank. 
The  compensation  for  making  such  audit  shall  be  paid  by  the  bank 
direct  to  the  person  making  the  audit.  Nothing  herein  shall  be  deemed 
to  authorize  or  require  the  superintendent  of  banks  to  inspect  or  super- 
vise the  private  trust  business  or  title  insurance  business  of  any  cor- 
poration doing  a  trust  business.  [Amendment  ai)proved  May  6,  1913; 
Stats.  1913,  p.  186.] 

Also  amended  April   21,    1911    (Stats.    1911,   p.   1016). 

Certificate  to  transact  business. 

§  127.  No  bank  shall  transact  any  business  in  this  state  without  the 
written  approval  of  the  superintendent  of  banks,  and  without  his  written 
certificate  stating  that  it  has  complied  with  the  provisions  of  this  act, 
and  all  the  requirements  of  law,  and  that  it  is  authorized  to  transact, 
within  this  state,  the  business  specified  therein;  which  certificate  may 
be  withheld  by  the  superintendent  of  banks  whenever  he  has  reason  to 
believe  that  the  bank  is  being  formed  for  any  other  than  the  legitimate 
objects  contemplated  by  this  act  or  whenever  he  has  reason  to  believe 
that  the  public  convenience  and  advantage  will  not  be  promoted  by  the 
opening  of  such  bank,  or  whenever  he  has  reason  to  lielieve  that  the 
corporate  name  assumed  by  such  bank,  by  reason  of  the  use  by  it  of 
an}'  one  or  more  of  the  words  "commercial,"  "trust,"  or  "savings,"  in 
conjunction  with  any  other  word  or  words,  resembles  so  closely  as  to  be 
likely  to  cause  confusion,  the  name  of  any  other  bank  previously  formed 
under  the  laws  of  this  state.  Before  issuing  such  certificate  the  superin- 
tendent of  banks  shall  examine,  or  cause  an  examination  to  be  made, 
in  order  to  ascertain  whether  the  requisite  caiiital  of  such  bank  has  been 
paid  up  in  cash  or  the  requisite  reserve  or  surplus  fund  has  been  ac- 
cumulated. The  superintendent  of  banks  shall  not  authcfiize  such  banks 
to  commence  business  until  it  appears  from  such  examination,  or  other 
evidence  satisfactory  to  him,  that  the  requisite  capital  has  been,  in  good 
faith,  subscribed  and  paid  in,  in  cash,  or  that  the  requisite  surplus  or 
reserve  fund  has  been  accumulated  or  paid  in,  in  cash,  and  until  said 
bank  shall  have  paid  a  fee  of  fifty  dollars  for  each  department  to  be 
operated  by  said  bank.  [Amendment  approved  May  6,  1913;  Stats.  1913, 
p.  187.] 

Issuance  of  certificate. 

§  128,  When  the  certified  copy  of  articles  of  incorporation  of  any 
bank  shall  have  been  filed  with  the  secretary  of  state,  and  application 
made  for  the  issuance  of  a  certificate  to  do  business  as  a  bank,  the 
superintendent  of  banks,  provided  he  has  not  withheld  granting  his  cer- 
tificate for  any  of  the  reasons  set  forth  in  section  127  hereof,  shall  ascer- 
tain, from  the  best  sources  of  information  at  his  command,  whether  the 
character  and  general  fitness  of  the  persons  named  as  stockholders  are 
such   as   to   command   the   confidence   of   the   community   in   which    such 


917  BANKS    AND    BANKING.  Act  297,  §  130 

bank  is  proposed  to  be  located,  and,  if  so  satisfied,  he  shall,  within  sixty 
days  after  such  application  has  been  made  to  him,  issue,  under  his  hand 
and  official  seal,  the  certificate  of  authorization  required  by  this  act. 
The  superintendent  of  banks  shall  transmit  a  duplicate  of  such  certificate 
of  authorization  to  the  county  clerk  of  the  county  in  which  the  principal 
place  of  business  of  such  bank  is  located,  and  he  shall  file  the  same 
in  his  office.  The  superintendent  of  banks  shall  also  file  a  duplicate 
of  such  certificate  in  his  own  office.  [Amendment  approved  May  6,  1913; 
Stats.  1913,  p.  IS".] 

Report  to  superintendent  of  banks. 

§  130.  Every  bank,  organized  under  the  laws  of  this  state,  shall, 
whenever  required  by  the  superintendent  of  banks,  make  a  report  in 
writing  to  him,  verified  by  the  oath  of  its  president  and  its  secretary 
or  cashier,  or  two  principal  officers.  Such  reports  shall  show  the  actual 
financial  condition  of  the  bank  making  the  report,  at  the  close  of  any 
past  day  designated  by  the  superintendent,  and  shall  specify  the  follow 
ing: 

•     1.  The  amount  of  its  capital  stock  and  the  number  of  shares  into  which 
it  is  divided. 

2.  The  names  of  the  directors  and  the  number  of  shares  of  stock  held 
by  each. 

3.  The  total  amount  of  capital  actually  paid  in,  in  cash,  and  the  total 
amount  of  surplus,  reserve  and  any  other  funds. 

4.  The  total  amount  due  the  depositors. 

5.  The  total  amount  and  character  of  any  other  liabilities  it  may  have. 

6.  The  amount  at  which  the  lot  and  building  occupied  by  the  bank 
for  the  transaction  of  its  regular  business  stands  debited  on  its  books; 
also  the  market  value  of  all  other  real  estate  held,  whether  acquired  in 
settlement  of  loans  or  otherwise,  the  original  cost  to  the  bank,  the  date 
when  acquired,  the  amount  at  which  it  stands  debited  on  the  bank-books, 
m  what  counties  situated,  and  in  what  name  the  title  is  vested,  if  not 
in  the  name  of  the  bank  itself. 

7.  The  amount  loaned  on  real  estate,  specifying  the  amount  secured 
on  real  estate  in  each  county  separately;  also  specifying  the  name  of  the 
person  in  whose  name  the  property  is  held  in  trust  or  as  security,  in  ease 
it  is  held  in  any  name  other  than  that  of  the  bank  and  the  instrument 
creating  the  security  does  not  itself  disclose  the  name  of  the  bank. 

8.  The  amount  invested  in  bonds,  designating  the  name  and  amount 
of  each  particular  kind. 

9.  The  amount  loaned  on  stocks  and  bonds,  designating  each  par- 
ticular class  and  the  amount  thereof. 

10.  The  amount  of  money  loaned  on  other  securities,  with  a  particular 
designation  of  each  class  and  the  amount  loaned  on  each. 

11.  The  amount  and  kind  of  money  on  hand  or  deposited  in  any  other 
bank  or  place,  with  the  name  of  the  place  where  deposited  and  the 
amount  in  each  place. 


Act  297,  §§  130a,  131        general  laws.  918 

12.  Any    other   property   held,    or   any   amount    of    money   loaned,    de- 
posited,  invested   or   placed,   not   otherwise  herein   enumerated,   and   the 
place   where   situate   and   the   value   of   said   property,   and   the   amount^ 
so  loaned,  deposited  or  placed. 

13.  The  date  on  which  examination  of  the  bank  was  last  made  by  its 
board  of  directors  and  the  date  on  which  report  of  such  examination  was 
filed,  as  required  by  section  139  of  this  act. 

14.  The  outstanding  and  unpaid  amounts  of  any  loans  made  by  the 
bank,  which  under  the  provisions  of  either  section  65  or  83  of  this  act 
are  required  to  be  reported  to  the  superintendent  of  banks. 

15.  Any  overdrafts  and  any  loans,  investments,  acts  or  omissions  viola- 
tive of  or  not  in  conformity  with  any  provision  of  this  act  which  may 
be  specifically  called  for. 

Every  foreign  corporation  transacting  the  business  of  banking  in  this 
state  shall  make  the  report  herein  required  as  far  as  such  report  may 
relate  to  the  affairs  of  such  corporation  in  this  state,  and  every  foreign 
corporation  must  particularly  render  the  report  required  by  subdivisions 
3,  4,  5,  6,  7,  8,  9,  10,  11,  12,'  13,  14  and  15  of  this  section.  Such  report 
shall  be  made  in  writing  and  verified  by  the  oath  of  one  of  its  duly  au-« 
thorized  oflScers  or  managers  residing  in  this  state.  The  oaths  of  the 
officers  and  the  statements  above  required  shall  state  that  they  and  ear-h 
of  them  have  a  personal  knowledge  of  the  matters  therein  contained, 
and  that  they  believe  every  allegation,  statement,  matter,  and  thing 
therein  contained  is  true.  Any  willful  false  statement  in  the  premises 
shall  be  perjurv  and  shall  be  punished  as  such.  [Amendment  approved 
May  6,  1913';  Stats.  1913,  p.  188.] 

Special  reports. 

§  130a.  In  addition  to  the  information  contained  from  the  report  re- 
quired by  the  provisions  of  section  130  of  this  act,  the  superintendent 
of  banks  shall  also  have  the  power  to  require  any  bank  to  furnish  a 
special  report  in  writing  verified  as  required  by  section  130  of  this  act, 
whenever  in  his  judgment  ruch  special  report  is  necessary  to  inform  him 
fully  of  the  actual  financial  condition  and  aflfairs  of  such  bank.  Any 
willful  false  statement  in  the  premises  shall  be  perjury  and  shall  be 
punished  as  such.  [New  section  approved  May  6,  1913;  Stats.  1913, 
p.    189.] 

Three  reports  each  year. 

§  131.  The  su]ierintendcnt  of  banks  shall  call  for  the  rejKirts  specified 
by  section  130  of  this  act  at  least  three  times  each  year.  The  "past  day 
designated  by  the  supcriulendeut"  of  banks  under  the  provisions  of  sec- 
tion 130  of  this  act  shall  be  as  nearly  as  possible  the  day  designated 
by  the  controller  of  currency  of  the  United  States  for  reports  of  national 
banking  associations.  [Amendment  approved  Mav  6,  1913;  Stats.  1913, 
p.   189.] 


919  BANKS    AND    BANKING.  Act  297,  §  133 

When  capital  is  impaired.     Assessment.     Public  sale.     Private  sale. 

§  133.  Whenever  it  shall  appear  from  the  report  of  an)'  bank,  or  the 
superintendent  of  banks  shall  have  reason  to  believe  that  the  capital  of 
any  bank  is  impaired  or  reduced  below  the  amount  required  by  law, 
it  shall  be  the  duty  of  the  superintendent  of  banks  and  he  shall  have 
the  power  to  examine  said  bank  and  ascertain  the  facts,  and  in  case  he 
finds  such  impairment  or  reduction  of  capital,  he  shall  require  such  bank 
to  make  good  the  deficiency  so  appearing  within  sixty  ilays  after  the 
date  of  such  requisition.  The  directors  of  every  such  bank,  upon  which 
such  requisition  shall  have  been  made,  shall  levy  an  assessment  upon  the 
stock  thereof  to  repair  such  deficiency,  and  shall  cause  notice  of  such 
requisition  to  be  given  to  each  stockholder  of  the  bank  and  of  the 
amount  of  the  assessment  which  he  must  pay  for  the  purpose  of  making 
good  such  deficiency,  by  a  written  or  printed  notice  mailed  to  such 
stockholder  at  his  last  known  address  or  served  personally  upon  him. 
If  any  stockholder  shall  refuse  or  neglect  to  pay  the  assessment  speci- 
fied in  such  notice  within  thirty  days  from  the  date  of  mailing  or  serv 
ing  such  notice  as  aforesaid,  the  directors  of  such  bank  shall  have  the 
right  to  sell  to  the  highest  bidder  at  public  auction  the  stock  of  such 
stockholder,  after  giving  a  previous  notice  of  such  sale  for  ten  days 
in  a  newspaper  of  general  circulation  published  in  the  county  where  the 
principal  place  of  business  of  such  bank  is  located,  and  a  copy  of  such 
notice  of  sale  shall  also  be  served  on  the  owner  of  such  stock  by  being 
served  personally  on  him  or  by  mailing  to  his  last  known  address  ten 
days  before  the  daj'  fixed  for  such  sale;  or  such  stock  may  be  sold  at 
private  sale  and  without  such  public  notice;  provided,  however,  that 
before  making  such  private  sale  thereof  an  offer  in  writing  shall  first 
be  obtained  and  a  copy  thereof  served  upon  the  owner  of  record  of  the 
stock  sought  to  be  sold,  either  personally  or  by  mailing  a  copy  of  such 
offer  to  his  last  known  address;  and  if,  after  service  of  such  offer,  such 
owner  shall  still  refuse  or  neglect  to  pay  such  assessment  within  two 
weeks  from  the  time  of  the  service  of  such  offer,  the  said  directors  may 
accept  such  offer  and  sell  such  stock  to  the  person  making  such  offer, 
or  to  any  other  person  or  persons  making  a  larger  offer  than  the  amount 
named  in  the  offer  submitted  to  the  stockholder;  but  such  stock  shall 
in  no  event  be  sold  for  a  smaller  sum  than  the  valuation  put  on  it  by 
the  superintendent  of  banks  in  his  determination  and  requisition  as  to 
said  assessment,  nor  for  less  than  the  amount  of  said  assessment  so  called 
for  and  the  expense  of  sale.  Out  of  the  avails  of  the  stock  so  sold,  the 
directors  shall  pay  the  amount  of  assessment  levied  thereon,  and  the 
necessary  costs  of  sale,  and  the  balance,  if  any,  shall  be  paid  to  the  per- 
son or  persons  whose  stock  has  thus  been  sold.  A  sale  of  stock  as  herein 
provided  shall  effect  an  absolute  cancellation  of  the  outstanding  certifi- 
cate or  certificates  evidencing  the  stock  so  sold,  and  shall  make  the  same 
null  and  void,  and  a  new  certificate  shall  be  issued  by  the  bank  to  the 


Act297,  §§  134-135a        general  laws.  920 

purchaser    thereof.     [Amendment    approved    May    6,    1913;    Stats.    1913, 
p.  189.] 

Also    amended   April    21,    1911    (Stats.    1911,    p.    1016). 

Violation  of  law  by  bank. 

§  131.  If  it  shall  appear  to  the  superintendent  of  banks  that  any 
bank  has  violated  or  failed  to  comply  with  the  provisions  of  its  articles 
of  incorporation,  or  any  law  of  this  state,  he  may,  by  an  order  under 
his  hand  and  official  seal,  which  seal  must  be  adopted  by  him,  addressed 
to  such  bank,  direct  such  bank  to  discontinue  such  violation  and  to 
comply  with  the  law;  or,  if  it  shall  appear  to  the  superintendent  of  banks 
that  such  bank  is  conducting  business  in  an  unsafe  or  injurious  manner, 
he  may,  in  like  manner  direct  the  discontinuance  of  any  such  unsafe  or 
injurious  practices.  Such  order  shall  require  such  bank  to  show  cause, 
before  the  superintendent  of  banks,  at  a  time  and  place  to  be  fixed  by 
him,  why  said  order  should  not  be  observed.  If  upon  such  hearing  it 
shall  appear  to  the  superintendent  of  banks  that  such  bank  is  conduct- 
ing business  in  an  unsafe  or  injurious  manner,  or  is  violating  or  failing 
to  comply  with  the  provisions  of  its  articles  of  incorporation,  or  any  law 
of  this  state,  then  the  superintendent  of  banks  shall  make  such  order 
final,  and  such  bank  shall  immediately  comply  with  such  order  made  by 
the  superintendent  of  banks.  Such  bank  shall  have  ten  days  after  any 
such  order  is  made  final  in  which  suit  may  be  commenced  to  restrain  en- 
forcement of  such  order,  and  unless  such  action  be  so  commenced  and 
enforcement  of  said  order  be  enjoined  within  ten  days,  by  the  court  in 
which  such  suit  is  brought,  then  such  bank  shall  comply  with  such  order. 
[Amendment  approved  May  6,  1913;  Stats.  1913,  p.  191.] 

Superintendent  of  banks  may  call  stockholders'  meeting. 

§  135.  Whenever  the  superintendent  of  banks  shall  deem  it  expedient 
he  may  call  a  meeting  of  the  stockholders  of  any  bank  organized  under 
the  laws  of  this  state,  by  a  personal  notice  of  such  meeting  for  fifteen 
days  previous  thereto.  AH  necessary  expense  incurred  in  the  serving  of 
such  notice  shall  be  borne  by  the  bank  whose  stockholders  are  required 
to  convene.  [New  section  approved  May  6,  1913;  Stats.  1913,  p.  191.] 
§  135  as  originally  enacted  was  repealed  May  6,  1913   (Stats.  1913,  p.  191). 

Action  to  dissolve  bank  violating  law. 

§  135a.  If  the  capital  of  any  bank  shall  be  impaired,  or  if  any  bank 
shall  refuse  to  submit  its  books,  papers  and  concerns  to  the  inspection  of 
any  examiner,  or  if  any  officer  thereof  shall  lefuse  to  be  examined  upon 
oath  touching  the  concerns  of  such  bank,  or  if  such  bank  shall  violate  the 
provisions  of  its  articles  of  incorporation,  or  any  law  of  this  state,  or  if 
such  bank  shall  suspend  payment  of  its  obligations,  or  if  such  bank  shall 
conduct  its  business  in  an  unsafe  or  unauthorized  manner,  or  if  from  any 
examination  or  report  provided  for  by  this  act  the  superintendent  of 
banks  shall  conclude  that  such  bank  is  in  an  unsound  or  unsafe  comli- 


921  BANKS    AND    BANKING.  Act  297,  §  136 

tion  to  transact  the  business  for  which  it  is  organizefl,  or  that  it  is  un- 
safe and  inexpedient  for  it  to  continue  business,  an  action  to  procure  a 
judgment  dissolving  such  corporation  may  be  maintained  by  the  super- 
intendent of  banlvs.  [New  section  approved  Mav  6,  1913:  Stats.  1913, 
p.  191.] 

Superintendent  of  banks  may  take  possession  of  bank  violating  law. 
Resumption  of  business.  Collection  of  debts.  Action  against  stock- 
holders. Lictuidation. 
§  136.  Whenever  it  shall  appear  to  the  superintendent  of  banks  that 
any  bank  has  violated  the  provisions  of  its  articles  of  incorporation  or 
any  law  of  this  state,  or  is  conducting  its  business  in  an  unsafe  or  unau- 
thorized manner,  or  if  the  capital  of  any  bank  is  impaired,  or  if  any 
bank  shall  refuse  to  submit  its  books,  papers  and  concerns  to  the  inspec- 
tion of  any  examiner,  or  if  any  officer  thereof  shall  refuse  to  be  exam- 
ined upon  oath  touching  the  concerns  of  any  such  bank,  or  if  any  bank 
shall  suspend  payment  of  its  obligations,  or  if  from  any  examination  or 
report  provided  for  by  this  act  the  superintendent  of  banks  shall  have 
reason  to  conclude  that  such  bank  is  in  an  unsound  or  unsafe  condition 
to  transact  the  business  for  which  it  is  organized,  or  that  it  is  unsafe 
and  inexpedient  for  it  to  continue  business,  or  if  any  bank  shall  neglect 
or  refuse  to  observe  any  order  of  the  superintendent  of  banks  specified 
in  sections  133  or  134  of  this  act,  the  superintendent  of  banks  may  forth- 
with take  possession  of  the  property  and  business  of  such  bank  and  re- 
tain such  pdlsession  until  such  bank  shall  resume  business,  or  its  aifairs 
be  finally  liquidated  as  herein  provided.  On  taking  possession  of  the 
property  and  business  of  any  such  bank  the  superintendent  of  banks  shall 
forthwith  ^ive  notice  of  such  fact  to  any  and  all  banks,  trust  com 
panies,  associations  and  individuals,  holding  or  in  possession  of  any 
assets  of  such  bank.  No  bank,  trust  company,  association  or  individual 
knowing  of  such  taking  possession  by  the  superintendent  of  banks,  or 
notified  as  aforesaid,  shall  have  a  lien  or  charge  for  any  payment,  ad- 
vance or  clearance  thereafter  made,  or  liability  thereafter  incurred 
against  any  of  the  assets  of  the  bank  of  whose  property  and  business 
the  superintendent  of  banks  shall  have  taken  possession  as  aforesaid. 
Such  bank  may,  with  the  consent  of  the  superintendent  of  banks,  resume 
business  upon  such  conditions  as  may  be  approved  by  him.  Upon  tak- 
ing possession  of  the  property  and  business  of  any  such  bank  the  super- 
intendent of  banks  shall  have  authority  to  collect  moneys  due  to  such 
bank  and  do  such  other  acts  as  are  necessary  to  conserve  its  assets  and 
business,  and  shall  proceed  to  liquidate  the  affairs  thereof  as  herein- 
after provided.  The  superintendent  of  banks  shall  collect  all  debts  due 
and  claims  belonging  to  it,  and  upon  the  order  of  the  superior  court 
may  sell  or  compound  any  bad  or  doubtful  debts.  If  a  purchaser  for 
any  bad  or  doubtful  debts  cannot  be  obtained  and  it  appears  improbable 
that  recovery  thereon  can  be  had  and  that  the  costs  of  actions  to  en- 
force collection  of  the  same  would  probably  be  lost,  the  court  may  direct 


Act  297,  §  136  GENERAL   LAWS.  922 

that  suits  thereon  need  not  be  brought.  On  like  order  he  may  sell  any 
real  or  personal  property  of  such  bank  on  such  terms  as  the  court  shall 
direct;  and  may,  if  necessary  to  pay  the  debts  of  such  bank,  enforce  the 
constitutional  individual  liability  of  stockholders  by  action  to  be  brought 
within  three  years  after  the  date  of  his  taking  possession  of  the  affairs 
of  such  bank.  The  superintendent  of  banks  shall  determine  the  neces- 
sity of  such  action  and  the  amount  necessary  to  recover  from  the  stock- 
holders to  fully  pay  all  liabilities  of  such  bank.  Such  action  may  be  in 
equity  and  against  all  stockholders  iipon  whom  service  of  process  in  the 
state  of  California  can  be  had,  and  the  court  may  therein  determine 
and  provide  for  any  equities  as  between  the  stockholders  including  the 
proportions  of  each  stockholder  to  any  surplus  of  money  or  assets  that 
may  remain  after  the  payment  of  all  liabilities  and  the  expenses  of 
liquidation.  The  superintendent  of  banks  may  also  maintain  an  action 
against  any  stockholder  residing  out  of  the  state  or  upon  whom  service 
of  process  cannot  be  had  within  the  state,  in  any  court  of  the  United 
States  or  of  any  state  or  country.  Any  judgment  so  obtained  by  the 
superintendent  of  banks  against  such  or  any  of  such  stockholders  which 
is  of  doubtful  value  may  be  compromised  and  compounded  by  the  super 
intendent  of  banks  on  such  terms  and  conditions  as  the  superior  court 
may  direct  or  authorize.  The  superintendent  of  banks  shall  file  a  no- 
tice of  pendency  of  action  in  the  county  recorder's  office  of  the  county 
where  such  action  is  brought.  At  any  time  prior  to  the  trial  of  any 
such  action,  any  creditor  may  serve  upon  the  superintendent  of  banks 
and  file  with  the  court  wherein  such  action  is  pending,  notice  that  he 
elects  to  maintain  an  action  against  the  stockholders  or  any  of  them. 
in  his  individual  capacity  and  thereupon  the  amount  sued  for  in  such 
action  shall  be  reduced  accordingly  and  such  creditor  shall  not  be  en- 
titled to  share  in  the  proceeds  resulting  from  such  action  brought  by  the 
superintendent  of  banks.  For  the  purpose  of  executing  and  performing 
any  of  the  powers  and  duties  hereby  conferred  upon  him,  the  superin 
tendent  of  banks  may,  in  the  name  of  the  delinquent  bank  or  in  his  own 
name,  prosecute  and  defend  any  and  all  suits  and  other  legal  proceed- 
ings and  may,  in  the  name  of  the  delinquent  bank  or  in  his  own  name 
as  trustee  execute,  acknowledge  and  deliver  any  and  all  deeds,  assign- 
ments, releases  and  other  instruments  necessary  and  proper  to  effectuate 
any  sale  of  real  or  personal  property  or  sale  or  comiiromise  or  com- 
pound authorized  by  order  of  the  court  as  herein  pr6vided;  and  any 
deed  or  other  instrument,  executed  pursuant  to  the  authority  hereby 
given,  shall  be  valid  and  effectual  for  all  purposes,  as  though  the  same 
had  been  executed  by  the  officers  of  the  delinquent  bank  by  authority 
of  its  board  of  directors.  In  case  any  of  the  real  property  so  sold  is 
located  in  a  county  other  than  the  county  in  which  the  application  to 
the  court  for  leave  to  sell  the  same  is  made,  the  superintendent  of  banks 
shall  cause  a  certified  copy  of  the  order  authorizing  or  ratifying  such 
eale  to  be  filed  in  the  office  of  the  recorder  of  the  county  in  which  the 
said  real  property  is  located.     The  superintendent  of  banks  may,  under 


i 


923  BANKS    AND    BANKING.  Act  297,  §  136 

his  hand  and  official  seal,  appoint  one  or  more  special  deputy  superin- 
tendents of  banks,  as  agent  or  agents,  with  the  powers  specified  in  the 
certificate  of  appointment  hereinafter  mentioned,  to  assist  him  in  the 
duty  of  liquidation  and  distribution,  the  certificate  of  appointment  to 
be  filed  in  the  office  of  the  superintendent  of  banks,  and  a  certified  copy 
in  the  office  of  the  clerk  of  the  count}'  in  which  the  principal  office  of 
such  bank  is  located. 

The  superintendent  of  banks  may  from  time  to  time,  bj'  a  certificate 
of  appointment  under  his  hand  and  official  seal,  specifying  the  powers 
conferred,  authorize  a  special  deputy  superintendent  to  perform  such 
duties  connected  with  such  liquidation  and  distribution  as  the  super- 
intendent of  banks  ma\'  deem  proper.  Such  certificate  of  appointment 
shall  be  filed  in  the  office  of  the  superintendent  of  banks  and  a  certified 
copy  in  the  office  of  the  clerk  of  the  county  in  which  the  principal  office 
of  such  bank  is  located.  The  superintendent  of  banks  may  employ  such 
counsel  and  procure  such  expert  assistance  and  advice  as  may  be  neces- 
sary in  the  liquidation  and  distribution  of  the  assets  of  such  bank,  and 
for  that  purpose  may  retain  such  of  the  officers  or  employees  of  such 
bank  as  he  may  deem  necessary.  The  superintendent  of  banks  shall 
require  from  a  special  deputy  superintendent  and  from  such  assistants 
such  security  for  the  faithful  discharge  of  their  duties  as  he  may  deem 
proper.  The  superintendent  of  banks  shall  cause  notice  to  be  given  by 
advertisement,  in  such  newspapers  as  he  may  direct,  weekly  for  three 
consecutive  months,  calling  on  all  persons  who  may  have  claims  against 
such  bank  to  present  the  same  to  the  superintendent  of  banks,  and  make 
legal  proof  thereof  at  a  place  and  within  a  time,  not  earlier  than  the 
last  day  of  publication,  to  be  therein  specified.  The  superintendent  of 
banks  shall  mail  a  similar  notice  to  all  persons  whose  names  appear  as 
creditors  upon  the  books  of  the  bank.  If  the  superintendent  of  banks 
doubts  the  justice  and  validity  of  any  claim,  he  may  reject  the  same, 
and  serve  notice  of  such  rejection  upon  the  claimant,  either  by  mail  or 
personally.  An  affidavit  of  the  service  of  such  notice,  which  shall  be 
prima  facie  evidence  thereof  shall  be  filed  with  the  superintendent  of 
banks.  Any  action  upon  a  claim  so  rejected  must  be  brought  within  six 
months  after  such  service.  Claims  presented  after  the  expiration  of  the 
time  fixed  in  the  notice  to  creditors  shall  be  entitled  to  share  in  the  dis- 
tribution only  to  the  extent  of  the  assets  in  the  hands  of  the  superintend- 
ent of  banks  equitably  applicable  thereto.  Upon  taking  possession  of 
the  property  and  assets  of  any  bank,  the  superintendent  of  banks  shall 
make  an  inventory  of  the  assets  of  such  bank  in  duplicate,  one  to  be 
filed  in  the  office  of  the  superintendent  of  banks,  and  one  with  the  papers 
in  said  proceeding  in  the  office  of  the  clerk  of  the  county  in  which  the 
principal  office  of  such  bank  is  located;  upon  the  expiration  of  the  time 
fixed  for  the  presentation  of  claims  the  superintendent  of  banks  shall 
make  in  duplicate  a  full  and  complete  list  of  the  claims  presented,  in- 
cluding and  specifying  such  claims  as  have  been  rejected  by  him,  one  tc 
be  filed  in  the  office  of  the  superintendent   of  banks,  and  one  with  the 


Act  297,  §  136  GEXERAL   LAWS.  924 

papers  in  said  proceeding  in  the  office  of  the  clerk  of  the  county  in  which 
the  principal  office  of  such  bank  is  located.  Thereafter  he  shall  make 
and  file  in  said  offices  as  above  provided  at  least  fifteen- days  before  each 
application  to  the  court  for  leave  to  declare  a  dividend  a  supplemental 
list  of  the  claims  presented  since  the  last  preceding  list  was  filed,  includ- 
ing and  specifying  such  claims  as  have  been  rejected  by  him,  and  in  any 
event  he  shall  make  and  file  as  above  provided  such  a  list  at  least  once 
every  six  months  after  the  filing  of  the  original  list,  as  long  as  he  shall 
remain  in  possession  of  the  property  and  business  of  any  bank.  Such  in- 
ventory and  list  of  claims  shall  be  open  at  all  reasonable  times  to  in- 
spection. The  compensation  of  the  special  deputy  superintendents, 
counsel  and  other  employees  and  assistants,  and  all  expenses  of  super- 
vision and  liquidation,  shall  be  fixed  by  the  superintendent  of  banks 
and  shall  upon  the  certificate  of  the  superintendent  of  banks  be  paid  out 
of  the  funds  of  such  bank  in  the  hands  of  the  superintendent  of  banks. 
All  such  expenses  must  be  reported  by  the  superintendent  of  banks  to 
the  superior  court  of  the  county  where  the  principal  place  of  business 
of  such  bank  is  located  and  settled  by  such  court  upon  notice  to  such 
bank.  The  monej's  collected  by  the  superintendent  of  banks  shall  be 
from  time  to  time  deposited  in  one  or  more  state  banks  of  deposit,  sav- 
ings banks  or  trust  companies,  and,  in  case  of  the  suspension  or  in- 
solvency of  the  depositary,  such  deposits  shall  be  preferred  before  all 
other  deposits.  At  any  time  after  the  expiration  of  the  date  fixed  for 
the  presentation  of  claims  the  superior  court  may  by  order  authorize 
the  superintendent  of  banks  to  dei-lare  out  of  tlie  funds  remaining  in 
his  hands  after  the  payment  of  expenses  one  or  more  dividends,  and 
after  the  expiration  of  one  year  from  the  first  publication  of  notice  to 
creditors  he  may  declare  a  final  dividend,  such  dividends  to  be  paid 
to  such  persons,  and  -in  such  amounts,  and  upon  such  notice,  as  may  be 
directed  by  the  superior  court  of  the  county  in  which  the  principal  office 
of  such  bank  is  located.  Objections  to  any  claim  not  rejected  by  the 
superintendent  of  banks  may  be  made  by  anj'  party  interested  by  filing 
a  copy  of  such  objections  with  the  superintendent  of  banks,  who  shall 
present  the  same  to  the  superior  court  at  the  lime  of  the  next  appli- 
cation to  declare  a  dividend.  The  court  to  which  such  applicatinn  is 
made  shall  thereupon  dispose  of  said  objections  or  may  order  a  reference 
for  that  purpose,  and  should  the  objections  to  any  claim  be  sustained 
by  the  court  or  by  the  referee,  such  claim  shall  not  be  allowed  by  the 
superintendent  of  banks  until  the  claimant  shall  have  established  his 
claim  by  the  judgment  of  a  court  of  competent  jurisdiction.  The  court 
must  make  proper  provision  for  unproved  or  unclaimed  deposits. 

Should  any  bank  at  the  time  the  superintendent  of  banks  takes  posses- 
sion of  its  property  and  business,  have  in  its  possession,  as  bailee  for 
safekeeping  and  storage,  any  jewelry,  plate,  money,  specie,  bullion, 
stocks,  bonds,  securities,  valuable  pajiers  or  other  valuable  personal  prop- 
erty or  should  it  have  rented  any  vaults,  safes  or  safe  deposit  boxes  or 
any  portion  thereof  for  the  storage  of  property  of  any  kind,  the  superin- 


925  -  BANKS    AND    BANKING.  Act  297,  §  136 

tendent  of  banks  may  at  any  time  thereafter  cause  to  be  mailed  to  the 
person  claiming  to  be  or  appearing  upon  its  books  to  be  the  owner  of 
such  projierty,  or  the  person  in  whose  name  the  safe,  vault  or  box 
stands,  a  notice  in  writing  in  a  securely  closed,  postpaid  registered  letter, 
directed  to  such  person  at  his  postofRee  address  as  recorded  upon  its 
books,  notifying  such  person  to  remove,  within  a  period  fixed  by  said 
notice  and  not  less  than  sixty  days  from  the  date  thereof,  all  such  per- 
sonal property  and  upon  the  date  fixed  by  said  notice,  the  contract,  if 
any,  between  such'  person  and  bank  for  the  storage  of  said  property  or 
for  the  use  of  the  said  safe,  vault  or  box  shall  cease  and  determine,  and 
the  amount  of  the  unearned  rent  or  charges,  if  any,  paid  by  such  person 
shall  become  a  debt  of  the  bank  to  said  person.  If  the  property  be  not 
removed  within  the  time  fixed  by  the  notice,  the  superintendent  of  banks 
may  maka  such  disposition  of  said  property  as  the  superior  court,  upon 
application  thereto,  shall  direct.  And  the  superintendent  of  banks  may 
cause  any  safe,  vault  or  box  to  be  opened  in  his  presence  or  in  the  pres- 
ence of  one  of  the  special  deputy  superintendents  of  banks,  and 
of  a  notary  public  not  an  officer  or  in  the  employ  of  the  bank  or 
of  the  superintendent  of  banks,  and  the  contents  thereof,  if  any,  to 
be  scaled  up  by  such  notary  public  in  a  package  upon  which  such  notary 
public  shall  distinctly  mark  the  name  and  address  of  the  person  in  whose 
name  such  safe,  vault  or  box  stands  upon  the  books  of  the  bank  and  shall 
attach  thereto  a  list  and  description  of  the  property  therein;  and  the 
package  so  sealed  and  addressed,  together  with  the  list  and  description, 
may  be  kept  by  the  superintendent  of  banks  in  one  of  the  general  safes 
or  boxes  of  the  bank  until  delivered  to  the  person  whose  name  it  bears, 
or  until  otherwise  disposed  of  as  directed  by  the  court.  "Whenever  any 
such  bank  of  whose  property  and  business  the'  superintendent  of  banks 
has  taken  possession  as  aforesaid,  deems  itself  aggrieved  thereby,  it  may, 
at  any  time  within  ten  days  after  such  taking  possession,  apply  to  the 
superior  court  in  the  county  in  which  the  principal  office  of  such  bank 
is  located  to  enjoin  further  proceedings;  and  said  court,  after  citing  the 
superintendent  of  banks  to  show  cause  why  further  proceedings  should 
not  be  enjoined,  and  hearing  the  allegations  and  proofs  of  the  parties 
and  determining  the  facts  may,  upon  the  merits,  dismiss  such  application 
or  enjoin  the  siiperintendent  tot  banks  from,  further  proceedings,  and 
direct  him  to  surrender  such  business  and  property  to  such  bank.  An 
appeal  as  above  provided  shall  operate  as  a  stay  of  the  judgment  of  the 
superior  court,  and  no  bond  need  be  given  if  the  appeal  be  taken  by  the 
superintendent  of  banks;  but  if  the  appeal  be  taken  by  such  bank,  a 
bond  shall  be  given,  as  required  by  section  943  of  the  Code  of  (Jivil  Pro- 
cedure. "Whenever  the  superintendent  of  banks  shall  have  paid  to  each 
and  every  depositor  and  creditor  o4  such  bank  whose  claim  or  claims  as 
■^ueh  creditor  or  depositor  shall  have  been  duly  proved  and  allowed,  the 
full  amount  of  such  claims,  and  shall  have  made  proper  provision  for 
unclaimed  and  unpaid  deposits  or  dividends,  and  shall  have  paid  all  the 
expenses    of   the    liquidation,   the    superintendent    of    banks   shall   call   a 


Act  297,  §  136  GENERAL   LAWS.  926 

meeting  of  the  stockholders  of  such  bank  giving  notice  thereof  for  thirty 
days  in  one  or  more  newspapers  published  in  the  county  where  the  prin- 
cipal office  of  such  bank  is  located.  At  such  meeting  the  stockholders 
shall  determine  whether  the  superintendent  of  banks  shall  be  continued 
as  liquidator  and  shall  wind  up  the  affairs  of  such  bank,  or  whether  an 
agent  or  agents  shall  be  elected  for  that  purpose,  and  in  so  determining 
the  said  stockholders  shall  vote  by  ballot,  in  person  or  by  proxy,  each 
share  of  stock  entitling  the  holder  to  one  vote,  and  the  majority  of  the 
stock  shall  be  necessary  to  a  determination.  In  case  it  is  determined  to 
continue  the  liquidation  under  the  superintendent  of  banks,  he  shall  com- 
plete the  liquidation  of  the  affairs  of  such  bank,  and  after  paying  the 
expenses  thereof,  shall  distribute  the  proceeds  among  the  stockholders  in 
proportion  to  the  several  holdings  of  stock  in  such  manner  and  upon 
such  notice  as  may  be  directed  by  the  superior  court.  In  case  it  is  de- 
termined to  appoint  an  agent  or  agents  to  liquidate,  the  stockhoMers 
shall  thereupon  select  such  agent  or  agents  by  ballot,  a  majority  of  the 
stock  present  and  voting,  in  person  or  by  proxy,  being  necessary  to  a 
choice.  Such  agent  or  agents  shall  execute  and  file  with  the  superintend- 
ent of  banks  a  bond  to  the  people  of  the  state  in  such  amount,  with 
such  sureties  and  in  such  form  as  shall  be  approved  by  the  superintend- 
ent of  banks,  conditioned  for  the  faithful  performance  of  all  the  duties 
of  his  or  their  trust,  and  thereupon  the  superintendent  of  banks  shall 
transfer  and  deliver  to  such  agent  or  agents  all  the  undivided  and  un- 
collected or  other  assets  of  such  bank  then  remaining  in  his  hands;  and 
upon  such  transfer  and  delivery,  the  said  superintendent  of  banks  shall 
be  discharged  from  any  and  all  further  liability  to  such  bank  and  its 
creditors.  Such  agent  or  agents  shall  convert  the  assets  coming  into  his 
or  their  possession  into  cash,  and  shall  account  for  and  make  distribu- 
tion of  the  property  of  said  bank  as  is  herein  provided  in  the  case  of  dis- 
tribution by  the  superintendent  of  banks,  except  that  the  expenses 
thereof  shall  be  subject  to  the  direction  and  control  of  a  court  of  record 
of  competent  jurisdiction.  In  case  of  the  death,  removal  or  refusal  to 
act  of  any  such  agent  or  agents,  the  stockholders,  on  the  same  notice, 
to  be  given  by  the  superintendent  of  banks  upon  proof  of  such  death, 
removal  or  refusal  to  act  being  filed  with  him.  and  by  the  same  vote 
hereinbefore  provided,  may  elect  a  succe«or,  who  shall  have  the  same 
powers  and  be  subject  to  the  same  liabilities  and  duties  as  the  agent 
originally  elected.  Dividends  and  unclaimed  deposits  remaining  unpaid 
in  the  hands  of  the  superintendent  of  banks  for  six  months  after  the 
order  for  final  distribution  shall  be  by  him  deposited  with  the  state 
treasurer  in  the  same  ma'nner  and  subject  to  the  same  disposition  as 
provided  for  in  section  1234  of  the  Code  of  Civil  Procedure.  The  super- 
intendent of  banks  may  pay  over  tfee  moneys  so  held  by  him  to  the 
persons  respectively  entitled  thereto  upon  being  furnished  satisfactory 
evidence  of  their  right  to  the  same.  In  cases  of  doubt  or  conflicting 
claims   he   may  require   an   order  of   the  superior   court  authorizing  and 


927  BANKS  AND  BANKING.     Act  297,  §§  136a-137 

directing    the    payment    thereof.      ['Amendment    approved    May    6,    1913; 
Stats.  IdU,  p.  192.] 

Bank  ceasing  to  exist. 

§  136a.  Any  bank  which  has  ceased  to  do  a  banking  business  whether 
through  voluntary  action  on  its  part  or  through  expiration  of  its  cor- 
porate existence,  shall  immediately  liquidate  its  affairs  and  any  un- 
claimed deposits  or  dividends  shall  be  paid  into  the  state  treasury  in 
the  manner  and  for  the  purposes  provided  in  section  136  of  this  act  within 
six  months  after  the  date  such  bank  ceased  to  conduct  a  banking  business, 
and  in  case  the  superintendent  of  banks  shall  have  reason  to  conclude 
that  the  liquidation  of  such  bank  is  not  being  safely  or  expeditiously 
conducted,  he  may  take  possession  of  the  property  of  such  bank  and 
liquidate  its  affairs  in  the  same  manner  as  provided  in  section  136  of 
this  act.  Whenever  any  bank  of  whose  property  the  superintendent  of 
banks  has  taken  possession  as  aforesaid,  deems  itself  aggrieved  thereby, 
it  may  within  the  time  and  in  like  manner  and  effect  as  provided  in 
section  136  of  this  act  apply  to  the  superior  court  to  enjoin  further  pro- 
ceedings.    [New  section  approved  May  6,  1913;  Stats.  1913,  p.  198.]^ 

Jurisdiction  In  superior  court. 

§  136b.  In  any  n<tion  or  proceeding  brought  under  any  provision  ol 
this  act,  exclusive  original  jurisdiction  shall  be  vested  in  the  superior 
court  of  the  county  in  which  is  located  the  principal  place  of  business 
of  the  bank  affected  thereby,  and  all  proceedings  relating  to  the  same 
matter,  under  any  provision  of  this  act,  including  proceedings  for 
liquidation  of  the  affairs  of  any  such  bank,  shall  be  filed  with  and  treated 
as  a  part  of  the  record  in  such  original  proceedings,  and  all  papers  re- 
lating to  any  such  action  or  proceeding,  including  the  copy  of  certificate 
of  appointment  of  any  special  deputy  and  the  inventories  required  to 
be  filed  in  the  matter  of  any  such  liquidation,  shall  be  filed  with  and 
made  a  part  of  the  record  of  such  original  proceeding,  without  the 
payment  of  any  additional  fees  therefor,  and  in  any  such  action  no 
damage  may  be  aiwarded,  but  the  action  otherwise  shall  be  tried  and  de- 
termined according  to  the  provisions  of  the  Code  of  Civil  Procedure. 
[New  section  approved  May  6,  1913;  Stats.  1913,  p.  198.] 

Eight  to  dissolve.  Discharge  of  receiver.  Unclaimed  moneys  escheat. 
Investment  of  money. 

§  137.  1.  Any  bank  shall  have  the  right,  on  application  of  the  stock- 
holders or  members  to  apply  to  the  superior  court  of  the  county  wherein 
its  principal  place  of  business  is  situated,  to  dissolve  said  bank  in  the 
manner  provided  for  in  title  6,  part  3  of  the  Code  of  Civil  Procedure. 

2.  At  the  expiration  of  four  months  after  the  settlement  of  the  final 
account  of  the  receiver  of  any  bank  appointed  prior  to  July  1,  1909, 
any  dividends  due  depositors,  or  other  creditors,  or  stockholders  of  such 
bank  and  remaining  unpaid  or  uncalled  for  and  in  the  hands  of  such 
receiver  may  be  paid  by  him  into  the  treasury  of  the  county  in  which 


Act  297,  §§  138, 139  general  laws.  928 

such  bank  is  situated  which  money  shall  be  held  in  the  treasury  of  said 
county,  and  at  the  same  time  it  shall  be  the  duty  of  such  receiver  to 
furnish  to  the  county  treasurer  of  said  county  a  list  of  names  of  all 
depositors  or  other  persons  to  whom  such  money  belongs  or  who  are 
entitled  thereto  and  thereupon  such  receiver  shall  be  entitled  to  his  dis- 
charge. 

3.  The  moneys  referred  to  in  subdivision  2  of  this  section  shall  be 
paid  out  on  the  order  of  the  court  appointing  such  receiver. 

4.  All  moneys  paid  under  subdivision  2  of  this  section,  uncalled  for 
within  five  years  after  being  paid  in,  shall  by  operation  of  law,  and 
without  action  had,  escheat  to  the  state.  All  moneys  held  by  any 
county  treasurer  under  subdivision  2  of  this  section,  when  such 
mbneys  have  escheated  to  the  state  as  hereinbefore  provided,  shall  be 
paid  "by  the  county  treasurer  into  the  state  treasury,  and  thereafter 
only  be  drawn  out  in  such  manner  as  may  be  provided  for  by  law  for 
the  estates  of  deceased  persons  escheated  to  this  state. 

5.  The  state  board  of  control  must  invest  such  moneys  in  the  same 
manner  that  the  state  school  land  fund  is  invested  as  provided  by  law. 
But  any  claimant  shall  be  entitled  to  recover  as  herein  provided  only 
the  principal  so  paid  into  the  state  treasury.  [Amendment  approved 
May  6,  1913;  Stats.  1913,  p.  198.] 

Also  amended  April  21,   1911    (Stats.   1911,  p.  958). 

Penalty  for  failure  to  report. 

§  138.  If  any  bank  shall  fail  to  make  any  report  required  by  the 
provisions  of  section  130  or  130a  of  this  act,  within  ten  days  from  the 
day  designated  for  the  making  thereof  bj'  the  superintendent  of  banks, 
or  to  include  therein  any  matter  required  by  the  provisions  of  either 
of  said  sections,  it  shall  forfeit  to  the  people  of  the  state  the  sum  of 
one  hundred  dollars  for  each  day  that  any  such  report  shall  be  so 
delayed  or  withheld  by  the  failure  or  neglect  of  such  bank.  In  the 
event  of  the  failure  of  any  such  bank  to  make  any  such  report  re- 
quired from  it,  the  superintendent  of  banks  may,  in  his  discretion, 
immediately  cause  the  books,  papers  and  affairs  of  such  bank  to  be 
examined  at  the  expense  of  such  bank.  [Amendment  approved  May  6, 
1913;   Stats.  1913,  p.  199.] 

Duty  of  board  of  directors.     Contents  of  report. 

§  139.  It  shall  be  the  duty  of  the  board  of  directors  of  every  bank 
to  examine  fully  into  the  books,  papers  .nnd  affairs  of  the  bank  of 
which  they  are  directors,  and  particularly  into  the  loans  and  discounts 
thereof,  with  a  special  view  to  ascertaining  the  value  and  security 
thereof,  and  of  the  collateral  security,  if  any  given,  in  connection  there- 
with, and  into  such  other  matters  as  the  superintendent  of  banks  may 
require;  such  examination  to  be  made  at  least  once  a  year,  but  no  such 
subsequent  yearly  examinations  shall  be  made  within  4hree  months  of 
the   next   preceding   examination.     Such    directors    shall    have    power   to 


929  BANKS  AND  BANKING.        Act  297,  §§  143-145 

employ  such  assistance  in  making  such  examination  as  they  may  deem 
necessary.  Within  ten  days  after  the  completion  of  such  examination, 
a  report  in  writing  thereof,  sworn  to  by  the  directors  making  the  same, 
shall  be  made  by  the  board  of  directors  of  such  bank,  and  placed  on  file 
with  the  records  of  said  bank,  and  shall  be  subject  to  examination  by 
the  superintendent  of  banks.  Such  report  shall  particularly  contain  a 
statement  of  the  assets  and  liabilities  of  the  bank  examined,  as  shown 
by  its  books,  together  with  any  deductions  from  the  assets,  or  additions 
to  liabilities,  which  such  directors  or  committee,  after  such  examination, 
may  determine  to  make.  It  shall  also  contain  a  statement,  in  detail, 
of  loans,  if  any,  which  in  their  opinion  are  w'orthless  or  doubtful, 
together  with  their  reasons  for  so  regarding  them;  also  a  statement  of 
loans  made  on  collateral  security,  which  in  their  opinion  are  insuffi- 
ciently secured,  giving  in  each  case  the  amount  of  the  loan,  the  name 
and  market  value  of  the  collateral,  if  it  has  any  market  value,  and,  if 
not,  a  statement  of  that  fact,  and  its  actual  value  as  nearly  as  possible. 
Such  report  shall  also  contain  a  statement  of  overdrafts,  of  the  names 
and  amounts  of  such  as  they  consider  worthless  or  doubtful,  and  a  full 
statement  of  such  other  matters  as  affect  the  solvency  and  soundness 
of  the  bank.  If  the  directors  of  such  bank  shall  fail  to  make  such 
examination  or  fail  to  cause  it  to  be  made,  or  shall  fail  to  file  such 
report  of  such  examination  in  the  manner  and  within  the  time  specified, 
the  superintendent  of  banks  shall  have  authority  to  make  or  cause  to  be 
made  an  extra  examination  of  such  bank  at  the  expense  of  such  bank. 
[Amendment  approved  May  6,  1913;   Stats.   1913,  p.   199.] 

Neglect  of  duty  by  superintendent. 

§  143.     [Repealed  May  6,   1913;   Stats.   1913,   p.  200.] 

Powers,  etc.,  abridged,  enlarged  or  modified.     Conformity  by  July  1,  1918. 

§  115.  The  powers,  privileges,  duties  and  restrictions  conferred  and 
imposed  upon  any  corporation  or  individual  existing  and  doing  business 
under  the  laws  of  this  state  are  hereby  abridged,  enlarged  or  modified 
as  each  particular  case  may  require  to  conform  to  'the  provisions  of 
this  act,  notwithstanding  anything  to  the  contrary  in  their  respective 
articles  of  incorporation  or  charters.  All  the  provisions  of  this  act 
shall  apply  with  equal  force  and  effect  to  all  corporations  which  are 
now  doing  or  which  may  hereafter  do  a  banking  business  in  this  state, 
except  where  express  exception  or  exemption  may  be  made  herein. 
The  legality  of  investments  heretofore  made,  or  title  to  property  here- 
tofore acquired  or  conveyed  through  transactions  heretofore  had  by 
any  bank  pursuant  to  any  provision  of  law  in  force  when  such  invest- 
ments were  made  or  transactions  had,  shall  not  be  affected  by  the 
provisions  of  this  act,  except  that  any  such  investments  made  prior  to 
July  1,  1909,  when  not  complying  with  the  provisions  hereof,  shall  be 
changed  to  conform  hereto;  but  such  change  shall  be  made  gradually 
and  in  such  manner  as  to  prevent  loss  or  embarrassment  in  the  business. 

59 


Act  313,  §§  1-3  GENERAL   LAWS.  930 

of  sueli  bank,  or  unnecessary  loss  or  injury  to  the  borrowers  on  such 
security;  provided,  further,  that  in  anj'  event,  all  investments  and  se- 
curities and  excess  in  investments  made  prior  to  July  1,  1909,  which 
are  not  in  conformity  with  t^e  provisions  and  spirit  of  this  act  and 
which  have  been  acquired  and  are  now  held  by  any  bank,  must  be 
written  off  as  assets  of  such  bank  prior  to  July  1,  191S;  and  no  bank 
holding  any  such  investments  or  securities  acquired  prior  to  July  1, 
1909,  shall  after  July  1,  1918,  be  permitted  to  pay  any  dividends  to  its 
stockholders  until  it  shall  have  wri'tten  oflf  all  such  nonconforming  in- 
vestments or  securities;  and  provided,  further,  that  the  legality  of  any 
investments  heretofore  lawfully  made,  pursuant  to  the  provisions  of 
this  act  as  it  existed  on  and  subsequent  to  July  1,  1909,  shall  not  be 
affected  by  the  provisions  of  this  section.  [Amendment  approved  May 
6,  1913;  Stats.  1913,  p.  200.] 
Citations.     Cal.   159/67. 

TITLE  44. 
BENEFIT  SOCIETIES. 
ACT  313. 

An  act  for  the  regulation  and  control  of  fraternal  benefit  societies. 
[Approved  May  1,  1911.     Stats.  1911,  p.  1320.] 

Fraternal  benefit  societies. 

§  1.  Any  corporation,  society,  order  or  voluntary  association,  without 
capital  stock,  organized  and  carried  on  solely  for  the  mutual  benefit  of 
its  members  and  their  beneficiaries,  and  not  for  profit,  and  having  a 
lodge  system  with  ritualistic  form  of  work  and  representative  form  of 
government,  and  which  shall  make  provision  for  the  payment  of  benefits 
in  accordance  with  section  5  hereof,  is  hereby  declared  to  be  a  fraternal 
benefit  society. 

Lodge  system. 

§  2.  Any  society  having  a  supreme  governing  or  legislative  body  and 
subordinate  lodges  or  branches  by  whatever  name  known,  into  which 
members  shall  be  elected,  initiated  and  admitted  in  accordance  with  its 
constitution,  laws,  rules,  regulation,  and  prescribed  ritualistic  ceremonies. 
which  subordinate  lodges  or  branches  shall  be  required  by  the  laws  of 
such  society  to  hold  regular  or  stated  meetings  at  least  once  in  each 
month,  shall  be  deemed  to  be  operating  on  the  lodge  system. 

Representative  form  of  government. 

§  3.  Any  such  society  shali  be  deemed  to  have  a  representative  form 
of  government  when  it  shall  provide  in  its  constitution  and  laws  for  a 
supreme  legislative  or  governing  body,  composed  of  representatives 
elected  either  by  the  members  or  by  delegates  elected  directlv  or  indi- 
rectly by  the  members,  together  with  such  other  members  as  may  be 
prescribed  by  its  constitution  and  laws;  provided,  that  the  elective  mem- 


931  BENEFIT    SOCIETIES.  Act  313,  §§  4,  5 

bers  shall  constitute  a  majority  in  number  and  have  not  less  than  two- 
thirds  of  the  votes,  nor  less  than  the  votes  required  to  amend  its  con- 
stitution and  laws;  and  provided,  further,  that  the  meetings  of  the 
supreme  or  governing:  body,  and  the  election  of  officers,  representatives 
or  delegates  shall  be  held  as  often  as  once  in  four  years.  The  members, 
officers,  representatives  or  delegates  of  a  fraternal  benefit  society  shall 
not  vote  by  proxy. 

Societies  exempt. 

§  4.  Except  as  herein  provided,  such  societies  shall  be  governed  by 
this  act  and  shall  be  exempt  from  all  provisions  of  the  insurance  laws 
of  this  state,  not  only  in  governmental  relations  with  the  state,  but  for 
every  other  purpose,  and  no  law  hereafter  enacted  shall  apply  to  them, 
unless   they  be   expressly   designated   therein. 

Benefits. 

§  5.  Subsection  1.  Every  society  transacting  business  under  this  act 
shall  provide  for  the  payment  of  death  benefits,  and  may  provide  for  the 
payment  of  benefits  in  case  of  temporary  or  permanent  physical  disa- 
bility, cither  as  the  result  of  disease,  accident  or  old  age;  provided,  the 
period  of  life  at  which  the  payment  of  benefits  for  disability  on  account 
of  old  age  shall  commence,  shall  not  be  under  seventy  years,  and  may 
provide  for  monuments  or  tombstones  to  the  memory  of  its  deceased 
members  and  for  the  payment  of  funeral  benefits.  Such  society  shall 
have  the  power  to  give  a  member,  when  permanently  disabled  or  on  at- 
taining the  age  of  seventy,  all  or  such  portion  of  the  face  value  of  his 
certificate  as  the  laws  of  the  society  may  provide;  provided,  that  nothing 
in  this  act  contained  shall  be  so  construed  as  to  prevent  the  issuing  of. 
benefit  certificates  for  a  term  of  years  less  than  the  whole  of  life  which 
are  payable  upon  the  death  or  disability  of  the  member  occurring  within 
the  term  for  which  the  benefit  certificate  may  be  issued.  Such  society, 
shall,  upon  written  application  of  the  member,  have  the  power  to  accept 
a  part  of  the  periodical  contributions  in  cash,  and  charge  the  remainder, 
not  exceeding  one-half  of  the  periodical  contribution,  against  the  certifi- 
cate with  interest  payable  or  compounded  annually  at  a  rate  not  lower 
than  four  per  cent  per  annum;  provided,  that  this  privilege  shall  not  be 
granted  except  to  societies  which  have  readjusted  or  may  hereafter  re- 
adjust their  rates  of  contributions  and  to  contracts  affected  by  such 
readjustment. 

Society  to  maintain  reserve. 

Subsection  2.  Any  society  which  shall  show  by  the  annual  valusition 
hereinafter  provided  for  that  it  is  accumulating  and  maintaining  the 
reserve  necessary  to  enable  it  to  do  so,  under  a  table  of  mortality  not 
lower  than  the  American  experience  table  and  four  per  cent  interest,  may 
grant  to  its  members,  extended  and  paid-up  protection  or  such  with 
drawtil  equities  as  its  constitution  and  laws  may  provide;  provided,  that 


Act  313,  §§6-8  GENERAL   LAWS.  932 

such  grants  shall  in  no  case  exceed  in  value  the  portion  of  the  reserve 
to  the  credit  of  such  members  to  whom  they  are  made. 

Beneficiaries. 

§  6.  The  payment  of  death  benefits  shall  be  confined  to  wife,  husband, 
relative  by  blood  to  the  fourth  dep:ree.  father  in  law.  mother  in  law.  son 
in  law,  daughter  in  law,  stepfather,  stepmother,  stepchildren,  children  by 
legal  adoption,  or  to  a  person  or  persons  dependent  upon  the  member;  pro- 
vided, that  if  after  the  issuance  of  the  original  certificate  the  member 
shall  become  dependent  upon  an  incorporated  charitable  institution,  he 
shall  have  the  privilege,  with  the  consent  of  the  society,  to  make  such 
institution  his  beneficiary.  Within  the  above  restrictions  each  member 
shall  have  the  right  to  designate  his  beneficiary,  and.  from  time  to  time, 
have  the  same  changed  in  accordance  with  the  laws,  rules  or  regulations 
of  the  society,  and  no  beneficiary  shall  have  or  obtain  any  vested  interest 
in  the  said  benefit  until  the  same  has  become  due  and  payable  upon  the 
death  of  the  said  member;  provided,  that  any  society  may,  by  its  laws, 
limit  the  scope  of  beneficiaries  within   Dn^  mIkiv.^  rlnsses. 

Membership. 

§  7.  Any  society  may  admit  to  beneficial  meiiilK  rship  any  person  not 
less  than  sixteen  and  not  more  than  sixty  years  of  age.  who  has  been 
examined  by  a  legally  qualified  physician  and  whose  examination  has  been 
supervised  and  approved  in  accordance  with  the  laws  of  the  society;  pro- 
vided, that  any  beneficiary  member  of  such  society  who  shall  apply  for 
a  certificate  providing  for  disability  benefits,  need  not  be  required  to 
pass  an  additional  medical  examination  therefor.  Nothing  herein  con- 
tainefl  shall  prevent  such  society  from  accepting  general  or  social  mem- 
bers. 

Certificate  to  specify  amount  of  benefit. 

§  8.  Ei'ery  certificate  issued  by  any  such  socictv  shall  sjiocify  the 
amount  of  benefit  provided  thereby,  and  shall  provide  that  the  certificate, 
the  charter  or  articles  of  incorporation,  or.  if  a  voluntary  association,  the 
articles  of  association,  the  constitution  and  laws  of  the  society  and  the 
application  for  membership  and  medical  examination,  signed  by  the 
applicant,  and  all  amendments  to  each  thereof,  shall  constitute  the  atTee- 
ment  between  the  society  and  the  member,  and  copies  of  the  same  certified 
by  the  secretary  of  the  society,  or  corresponding  oflScer.  shall  be  received 
in  evidence  of  the  terms  and  conditions  thereof  and  any  changes,  addi- 
tions or  amendments  to  said  charter  or  articles  of  incorporation,  or 
articles  of  association,  if  a  voluntary  association,  constitution  or  laws 
duly  made  or  enacted  subsequent  to  the  issuance  of  the  benefit  certificate 
shall  bind  the  member  and  his  beneficiaries,  ard  shall  govern  and  control 
the  agreement  in  all  respects  the  same  as  though  such  changes,  additions 
or  amendments  had  been  made  prior  to  and  were  in  force  at  the  time 
of  the  application  for  membership. 


933  BENEFIT  SOCIETIES.  Act  313,  §§  9-11 

Funds. 

§  9.  Subsection  1.  Any  society  maj^  create,  maintain,  invest,  disbuiee 
and  apply  an  emergency,  surplus  or  other  similar  fund  in  accordance  with 
its  laws.  Unless  otherwise  provided  in  the  contract,  such  funds  shall  be 
held,  invested,  and  disbursed  for  the  use  and  benefit  of  the  society  and 
no  member  or  beneficiary  shall  have  or  acquire  individual  rights  therein 
or  become  entitled  to  any  ai)portionnient  or  the  surrender  of  any  part 
thereof,  except  as  provided  in  subsection  2  of  section  5  of  this  act.  The 
funds  from  which  benefits  shall  Vje  paid  and  the  funds  from  which  the 
expenses  of  the  society  shall  be  defrayed,  shall  be  derived  from  periodical 
or  other  payments  by  the  members  of  the  society  and  accretions  of  said 
funds;  provided,  that  no  society,  domestic  or  foreign,  shall  hereafter  be 
incorporated  or  admitted  to  transact  business  in  this  state,  which  does 
not  provide  for  stated  periodical  contributions  sufficient  to  provide  for 
meeting  the  mortuary  obligations  contracted,  when  valued  upon  the  basis 
of  the  national  fraternal  congress  table  of  mortality  as  adopted  by  the 
national  fraternal  congress,  August  23,  1899,  or  any  higher  standard  with 
interest  assumption  not  more  than  four  per  cent  per  annum,  nor  write  or 
accept  members  for  temporary  or  permanent  disabilitj'^  benefits  except 
upon  tables  based  upon  reliable  experience,  with  an  interest  assumption 
not  higher  than  four  per  cent  per  annum. 

Deferred  payments  considered  fixed  liabilities. 

Subsection  2.  Deferred  payments  or  installments  of  claims  shall  be 
considered  as  fixed  liabilities  on  the  happening  of  the  contingency  upon 
which  such  payments  or  installments  are  thereafter  to  be  paid.  Such 
liability  shall  be  the  present  value  of  such  future  payments  or  install- 
ments upon  the  rate  of  interest  and  mortality  assumed  by  the  society  for 
valuation,  and  every  society  shall  maintain  a  fund  suflScient  to  meet  such 
liability  regardless  of  proposed  future  collections  to  meet  any  such 
liabilities. 

Investment  of  funds. 

§  10.  Every  society  shall  invest  its  funds  only  in  securities  permitted 
b}'  the  laws  of  this  state  for  the  investment  of  the  assets  of  life  insur- 
ance companies;  provided,  that  any  foreign  society  permitted  or  seeking 
to  do  business  in  this  state,  which  invests  its  funds  in  accordance  with 
the  laws  of  the  state  in  which  it  is  incorporated,  shall  be  held  to  meet 
the  requirements  of  this  act  for  the  investment  of  funds. 

Distribution  of  funds. 

§  11.  Every  provision  of  the  laws  of  the  society  for  payment  by  mem- 
bers of  such  society,  in  whatever  form  made,  shall  distinctly  state  the 
purpose  of  the  same  and  the  proportion  thereof  which  may  be  used  for 
expenses,  and  no  part  of  the  money  collected  for  mortuary  or  disability 
purposes  or  the  net  accretions  of  either  or  any  of  said  funde  shall  be 
used  for  expenses. 


Act  313,  §  12  GEN-ERAL   LAWS.  934: 

Organization  of  society.  Papers  to  be  filed  with  insurance  commissioner. 
Must  secure  at  least  five  hundred  applications  to  complete  organiza- 
tion. Advance  payments.  Insurance  commissioner  may  examine. 
Preliminary  certificate.     Constitution. 

§  12.  Seven  or  more  persons,  citizens  of  the  United  States,  and  a 
majority  of  whom,  are  citizens  of  this  state,  who  desire  to  form  a  fra- 
ternal benefit  society,  as  defined  by  this  act,  may  make  and  sign  (giving 
their  addresses)  and  acknowledge  before  some  officer  conijiptent  to  take 
acknowledgment  of  deeds,  articles  of  incorporation,  in  which  shall  be 
stated: 

First — The  proposed  corporate  name  of  the  society,  which  shall  not 
so  closely  resemble  the  name  of  any  society  or  insurance  company  already 
transacting  business  in  this  state  as  to  mislead  the  public  or  to  lead  to 
confusion. 

Second — The  purpose  for  which  it  is  formed — which  shall  not  include 
more  liberal  powers  than  are  granted  by  this  act,  provided,  that  any 
lawful  social,  intellectual,  e'lucational.  (iharitable,  benevolent,  moral  or 
religious  advantages  may  be  set  forth  among  the  purposes  of  the  society 
— and  the  mode  in  which  its  corporate  power?  are  to  be  exercised. 

Third — The  names,  residences  and  official  titles  of  all  the  officers,  trus- 
tees, directors  or  other  persons  who  are  to  have  and  exercise  the  general 
control  and  management  of  the  att"airs  and  funds  of  the  society  for  the 
first  year,  or  until  the  ensuing  election  at  which  all  such  officers  shall  be 
elected  by  the  supreme  legislative  or  governing  body  which  election  shall 
be  held  not  later  than  one  year  from  the  date  of  the  issuance  of  the 
permanent  certificate. 

Such   articles   of   incorporation   and   duly   certified   copies   of   the   con- 
stitution  and   laws,   rules    and   regulations,   and    copies   of   all    proposed 
forms   of   benefit   certificates,   applications   therefor   and    circulars    to   be 
issued  by  such  society,  and  a  bond  in  the  sum  of  five  thousand  dollars, 
with  sureties  approved  by  the  insurance  commissioner  conditioned  upon 
the   return    of    the    advanced    payments,   as    provided    iu    this    section,    to     j 
applicants,   if   the   organization   is   not   completed  within   one   year,   shall      ; 
be  filed  with  the  insurance  commissioner,  who  may  require  such  further      r 
information   as  he  deems  necessary,  and  if  the  purposes  of  the  society      \ 
conform  to  the  requirements  of  this  act,  and  all  provisions  of  law  have     | 
been   complied   wuth,   the   insurance   commissioner,   shall    so    certify   aud 
retain  and  file  the  articles  of  incorporation,  and  furnish  the  incorpora- 
tors a  preliminary  certificate  authorizing  said  society  to  solicit  members 
as  hereinafter  provided.     Upon    receipt    of    said    certificate    from     the 
insurance  commissioner  said  society  may  solicit  members  for  the  })urpose 
of  completing  its  organization  and  shall  collect  from  each  api>litant  the 
amount   of    not   less    than   one   regular   monthly    pavment,    in    accordance 
with  its  table   of   rates   as   provided   by   its   constitution   and   laws,   and 
shall  issue  to  each  such  applicant,  a  receijit  for  the  amount  so  collected. 
But  no  such  society   shall  incur   any   liability   other   than   for  such   »d- 


935  BENEFIT    SOCIETIES.  Act  313,  §  12 

vaneed  payments,  nor  issue  any  benefit  certificate  nor  pay  or  allow,  or 
offer  or  promise  to  pay  or  allow,  to  any  person  any  death  or  disaVillity 
benefit  until  actual  bona  fide  applications  for  death  benefit  certificates 
have  been  secured  upon  at  least  five  hundred  lives  for  at  least  one 
thousand  dollars  each,  and  all  such  applicants  for  death  benefits  shall 
have  been  regularly  examined  by  legally  qualified  practicing  physicians, 
and  certificates  of  such  examinations  have  been  duly  filed  and  approved 
bj'  the  chief  medical  examiner  of  such  society,  nor  until  there  -shall  be 
established  ten  subordinate  lodges  or  branches  into  which  said  five 
hundred  apjilicants  have  been  initiated,  nor  until  there  has  been  sub- 
mitted to  the  insurance  commissioner,  under  oath  of  the  president  and 
secretary,  or  corresponding  officers  of  such  society,  a  list  of  such  appli- 
cants, giving  their  names,  addresses,  date  examined,  date  approved,  date 
initiated,  name  and  niimber  of  the  subordinate  branch  of  which  each 
applicant  is  a  member,  amount  of  benefits  to  be  granted,  rate  of  stated 
j)erioJical  contributions  which  shall  be  sufficient  to  provide  for  meeting 
the  mortuary  obligation  contracted,  when  valued  for  death  benefits  upon 
the  basis  of  the  national  fraternal  congress  table  of  mortality,  as 
adopted  by  the  national  fraternal  congress  August  23,  1899,  or  any  higher 
standard  at  the  option  of  the  society,  and  for  disability  benefits  by  tables 
based  upon  reliable  experience  and  for  combined  death  and  permanent 
total  disability  benefits  by  tables  based  upon  reliable  experience,  w^ith  an 
interest  assumption  not  higher  than  four  per  cent  per  annum,  nor  until  it 
shall  be  shown  to  the  insurance  commissioner  by  the  sworn  statement  of 
the  treasurer,  or  corresponding  officer  of  such  Boeiety,  that  at  least  five 
hundred  applicants  have  each  paid  in  cash  at  least  one  regular  monthly 
payment  as  herein  provided  per  one  thousand  dollars  of  indemnity  to  be 
effected,  which  payments  in  the  aggregate  shall  amount  to  at  least  twenty- 
five  hundred  dollars,  all  of  which  shall  be  credited  to  the  mortuary  or 
disability  fund  on  account  of  such  applicants,  and  no  part  of  which  may 
be  used  for  expenses.  Said  advanced  payments  shall,  during  the  period  of 
organization,  be  held  in  trust,  and,  if  the  organization  is  not  completed 
within  one  year  as  hereinafter  provided,  returned  to  said  applicants.  The 
insurance  commissioner  may  make  such  examination  and  require  such 
further  information  as  he  deems  advisable,  and  upon  presentation  of  satis- 
factory evidence  that  the  society  has  complied  with  all  the  provisions  of 
law  he  shall  issue  to  such  society  a  certificate  to  that  effect.  Such  certifi- 
cate shall  be  prima  facie  evidence  of  the  existence  of  such  society  at  the 
date  of  such  certificate.  The  insurance  commissioner  shall  cause  a  record 
of  such  certificate  to  be  made  and  a  certified  copy  of  such  record  may  be 
given  in  evidence  with  like  effect  as  the  original  certificate.  No  prelim- 
inary certificate  granted  under  the  provisions  of  this  section  shall  be  valid 
after  one  year  from  its  date,  or  after  such  further  period,  not  exceeding 
one  year,  as  may  be  authorized  by  the  insurance  commissioner  upon  cause 
shown,  unless  the  five  hundred"  applicants  herein  required  have  been 
secured  and  the  organization  has  been  completed  as  herein  provided,  and 


Act  313,  §§  13,  14  GENER-VL   LAWS.  936 

the  articles  of  incorporation  and  all  proceedings  thereunder  shall  become 
null  and  void  in  one  year  from  the  date  of  said  preliminary  certificate, 
or  at  the  expiration  of  said  extended  period,  unless  such  society  shall  have 
completed  its  organization  and  commenced  business  as  herein  provided. 
When  any  domestic  society  shall  have  discontinued  business  for  the  period 
of  one  year,  or  has  less  than  four  hundred  members,  its  charter  shall  be- 
come null  and  void.  Every  such  society  shall  have  the  power  to  make  a 
constitution  and  by-laws  for  the  government  of  the  society,  the  admission 
of  its  members,  the  management  of  its  affairs  and  the  fixing  and  readjust- 
ing of  the  rates  of  contribution  of  its  members  from  time  to  time;  and 
it  shall  have  the  power  to  change,  alter,  add  to  or  amend  such  constitu- 
tion and  by-laws  and  shall  have  such  other  j  owers  as  are  necessary  and 
incidental  to  carrying  into  effect  the  objects  and  purjioses  of  the  society. 

Powers  retained. 

§  13.  Any  society  now  engaged  in  transacting  business  in  this  state 
may  exercise,  after  the  passage  of  this  act,  all  of  the  rights  conferred 
thereby,  and  all  of  the  rights,  powers  and  privileges  now  exercised  or 
possessed  by  it  under  its  charter  or  articles  of  incorjioration  not  incon 
sistent  with  this  act,  if  incorporated;  or,  if  it  be  a  voluntary  association, 
it  may  incorporate  hereunder.  But  no  society  alrcadj'  organized  shall  be 
required  to  reincorporate  hereunder,  and  any  such  society  may  amend 
its  articles  of  incorporation  from  ti:ue  to  time  in  the  manner  provided 
therein  or  in  its  constitution  and  laws  and  all  such  amendments  shall  be 
filed  with  the  insurance  commissioner,  and  shall  become  operative  upon 
such  filing,  unless  a  later  time  be  provided  in  such  amendments  or  in  its 
articles  of  incorporation,  constitution  or  laws. 

Mergers  and  transfers. 

§  14.  No  domestic  society  shall  merge  with  or  accept  the  transfer  of 
the  membership  or  funds  of  any  other  society  uii-less  such  merger  or  trans- 
fer is  evidenced  by  a  contract  in  writing,  setting  out  in  full  the  terms 
and  conditions  of  such  merger  or  transfer,  and  filed  with  the  insurance 
commissioner  of  this  state,  together  with  a  sworn  statement  of  the  finan- 
cial condition  of  each  of  said  societies,  by  its  president  and  secretary,  or 
corresponding  officers,  and  a  certificate  of  such  officers,  duly  verified  under 
oath  of  said  officers  of  each  of  the  contracting  societies,  that  such  merger 
or  transfer  has  been  approved  by  a  vote  of  two-thirds  of  the  members 
of  the  supreme  legislative  or  governing  body  of  each  of  said  soei<ties. 
Upon  the  submission  of  said  contract,  financial  statements  and  certifi- 
cates, the  insurance  commissioner  shall  examine  the  same,  and,  if  he 
shall  find  such  financial  statements  to  be  correct  and  the  said  contract  to 
be  in  conformitj'  with  the  provisions  of  this  section,  and  that  such  merger 
or  transfer  is  just  and  equitable  to  the  members  of  each  of  said  societies, 
he  shall  approve  said  merger  or  transfer,  issue  his  certificate  to  that 
effect,  and  thereupon  the  said  contract  of  merger  or  transfer  shall  be  of 
full  force  and  effect.     In  case  such  contract  is  not  approved,  the  fact  of 


937  BENEFIT   SOCIETIES.  Act  313,  §§  15,  16 

its  submission  and  its  contents  shall  not  be  disclosed  by  the  insurance 
commissioner. 

Annual  license. 

§  15.  Societies  which  are  now  authorized  to  transact  business  in  this 
state  may  continue  such  business  until  the  first  day  of  July  next  suc- 
ceeding the  passage  of  this  act,  and  the  authority  of  such  societies  may 
thereafter  be  renewed  annually,  but  in  all  cases  to  terminate  on  the  first 
day  of  the  succeeding  July;  provided,  however,  the  certificate  of  author- 
ity shall  continue  in  full  force  and  effect  until  the  new  certificate  of 
authority  be  issued  or  specifically  refused.  For  each  such  certificate  of 
authority  or  renewal  the  society  shall  pay  the  insurance  commissioner  ten 
dollars.  A  duly  certified  copy  or  duplicate  of  such  certificate  of  authority 
shall  be  prima  facie  evidence  that  the  licensee  is  a  fraternal  benefit 
society  within  the  meaning  of  this  act. 

Foreign  societies  must  secure  certificates.  Same  qualifications  required 
of  foreign  as  of  domestic  society. 
§  16.  No  foreign  society  now  transacting  business  organized  prior  to 
the  passage  of  this  act,  which  is  not  now  authorized  to  transact  business 
in  this  state,  shall  transact  any  business  herein  without  a  certificate  of 
authority  from  the  insurance  commissioner.  Any  such  societ.y  shall  be 
entitled  to  a  certificate  of  authority  to  transact  business  within  this 
state  upon  filing  with  the  insurance  commissioner  a  duly  certified  copy 
of  its  charter  or  articles  of  association;  a  copy  of  its  constitution  and 
laws,,  certified  by  its  secretary  or  corresponding  officer,  a  power  of  at- 
torney to  the  insurance  commissioner  as  hereinafter  provided;  a  statement 
of  its  business  under  oath  of  its  president  and  secretary,  or  correspond- 
ing oflScers,  in  the  form  required  by  the  insurance  commissioner,  duly 
verified  by  an  examination  made  by  the  supervising  insurance  official  of 
its  home  state  or  other  state  satisfactory  to  the  insurance  commissioner 
of  this  state;  a  certificate  from  the  proper  official  in  its  home  state, 
province  or  country  that  the  society  is  legally  organized;  a  copy  of  its 
contract,  which  must  show  that  benefits  are  provided  for  by  periodical,  or 
other  payments,  by  persons  holding  similar  contracts,  and  upon  furnishing 
the  insurance  commissioner  such  other  information  as  he  may  deem 
necessary  to  a  proper  exhibit  of  its  business  and  plan  of  working  and 
upon  showing  that  its  assets  are  invested  in  accordance  with  the  laws  of 
the  state,  territory,  district,  province  or  country  where  it  is  organized,  he 
shall  issue  a  certificate  of  authority  to  such  society  to  do  business  in  this 
state  until  the  first  day  of  the  succeeding  July  and  such  certificate  of 
authorit}-  shall,  upon  compliance  with  the  provisions  of  this  act,  be  re- 
newed annually,  but  in  all  cases  to  terminate  on  the  first  day  of  the 
succeeding  July,  provided,  however,  that  certificate  of  authority  shall 
continue  in  full  force  and  effect  until  the  new  certificate  of  authority  be 
issued  or  specifically  refused.  Any  foreign  society  desiring  admission  to 
this    state    shall   have   the    qualifications   required    of    domestic    societies 


Act  313,  §§  17,  18  GENERAL  LAWS.  938 

organized  under  this  act  and  have  its  assets  invested  as  required  by  the 

laws  of  the  state,  territory,  district,  country,  or  province  where  it  is 
organized.  For  each  such  certificate  or  renewal  the  society  shall  pay 
the  insurance  commissioner  twenty  dollars.  When  the  insurance  com- 
missioner refuses  to  issue  a  certificate  of  authority  to  any  society,  or 
revokes  its  certificate  of  authority  to  do  business  in  this  state,  he  shall 
reduce  his  ruling,  order  or  decision  to  writing  and  file  the  same  in  his 
office,  and  shall  furnish  a  copy  thereof,  together  with  a  statement  of  his 
reasons,  to  the  officers  of  the  society,  upon  request,  and  the  action  of 
the  insurance  commissioner  shall  be  reviewable  by  proper  proceedings  in 
any  court  Of  competent  jurisdiction  within  the  state;  provided,  however. 
that  nothing  contained  in  this  or  the  preceding  section  shall  be  taken  or 
construed  as  preventing  any  such  society  from  continuing  in  good  faith 
all  contracts  made  in  this  state  during  the  time  such  society  was  legally 
authorized  to  transact  business  herein. 

Power  of  attorney  and  service  of  process. 

§  17.  Every  society,  whether  domestic  or  foreign,  now  transacting 
business  in  this  state  shall,  within  thirty  days  after  the  passage  of  this 
act,  and  every  such  society  hereafter  applying  for  admii^sion,  shall,  before 
being  licensed,  appoint  in  writing  the  insurance  commissioner  and  his 
successors  in  office  to  be  its  true  and  lawful  attorney,  upon  whom  all 
legal  process  in  any  action  or  proceeding  against  it  shall  be  served,  and 
in  such  writing  shall  agree  that  any  lawful  process  against  it  which  is 
served  upon  such  attorney  shall  be  of  the  same  legal  force  and  validity 
as  if  served  upon  the  society  and  that  the  authority  shall  continue  in 
force  so  long  as  any  liability  remains  outstanding  in  this  state.  Copiee 
of  such  appointment,  certified  by  said  insurance  commissioner,  shall  be 
deemed  sufficient  evidence  thereof  and  shall  be  admitted  in  evidence  with 
the  same  force  and  effect  as  the  original  thereof  might  be  admitted. 
Service  shall  only  be  made  upon  such  attorney,  must  be  made  in  duplicate 
upon  the  insurance  commissioner  or  in  his  absence  upon  the  person  in 
charge  of  his  office  and  shall  be  deemed  sufficient  service  upon  such 
society;  provided,  however,  that  no  such  service  shall  be  valid  or  binding 
against  any  such  society  when  it  is  required  thereunder  to  file  its  an 
swer,  pleading  or  defense  in  less  than  thirty  days  from  the  ilate  of  mail- 
ing the  copy  of  such  service  to  such  society.  \Vhen  legal  process  against 
any  such  society  is  served  upon  said  insurance  commissioner  he  shall 
forthwith  forward  by  registered  mail  one  of  the  duplicate  copies  prepaid 
and  directed  to  its  secretary  or  corresponding  officer.  Legal  process  shall 
not  be  served  upon  any  such  society  except  in  the  manner  provided 
herein. 

Meetings. 

§  18.  Any  domestic  society  ma^-  provide  that  the  nieelings  of  its 
legislative  or  goverjiing  body  may  be  held  in  any  state,  district,  province 
or  territory  wherein  such  society  has  subordinate  branches  and  all  busi- 


939  BENEFIT  SOCIETIES.  Act  313,  §§  19-23 

ness  transacted  at  such  meetings  shall  be  as  valid  in  all  respeicts  as  if 
such  meetings  were  .held  in  this  state.  But  its  principal  office  shall  be 
located  in  this  state. 

No  personal  liability. 

§  19.  Officers  and  members  of  the  supreme,  grand  or  any  subordinate 
body  of  any  such  incorporated  society  shall  not  be  individually  liable  for 
fbe  paj'ment  of  any  disability  or  death  benefit  provided  for  in  the  laws 
and  agreements  of  such  society,  but  the  same  shall  b©  payable  only  out 
of  the  funds  of  such  society  and  in  the  manner  provided  by  its  laws. 

Subordinate  body  may  not  waive  constitution. 

§  20.  The  constitution  and  laws  of  the  society  may  provide  that  no 
subordinate  body,  nor  any  of  its  subordinate  officers  or  members  shall 
have  the  power  or  authority  to  waive  anj'  of  the  provisions  of  laws  and 
constitution  of  the  society,  and  the  same  shall  be  binding  on  the  society 
and  each  and  every  member  thereof  and  on  all  beneficiaries  of  members. 

Benefits  may  not  be  attached. 

§  21.  No  money  or  other  benefit,  charity  or  relief  or  aid  to  be  paid, 
provided  or  rendered  by  any  such  society  shall  be  liable  to  attachment, 
garnishment  or  other  process,  or  be  seized,  taken,  appropriated  or  applied 
by  any  legal  or  equitable  process  or  operation  of  law  to  pay  any  debt  or 
liability  of  a  member  or  beneficiary,  or  any  person  who  may  have  a  right 
thereunder,  either  before  or  after  payment. 

Amendments  to  constitution  filed  with  insurance  commissioner. 

§  22.  Every  society  transacting  business  under  this  act  shall  file  with 
the  insurance  commissioner  a  duly  certified  copy  of  all  amendments  of  or 
additions  to  its  constitution  and  laws  within  ninety  days  after  the  enact- 
ment of  the  same.  Printed  copies  of  the  constitution  and  laws  as 
amended,  changed  or  added  to,  certified  by  the  secretary  or  corresponding 
officer  of  the  society  shall  be  prima  facie  evidence  of  the  legal  adoption 
thereof. 

Annual  reports.  Report  on  valuation  of  certificates.  Valuation  certified 
by  actuary.  When  society  is  considered  solvent.  Report  mailed  to 
members. 

§  23.  Every  society  transacting  business  in  this  state  shall  annually, 
on  or  before  the  first  day  of  March,  file  with  the  insurance  commissioner 
in  such  form  as  he  may  require,  a  statement  under  oath  of  its  president 
and  secretary,  or  corresponding  officers,  of  its  condition  and  standing  on 
the  thirty-first  day  of  December  next  preceding,  and  of  its  transactions 
for  the  year  ending  on  that  date  and  also  shall  furnish  such  other  infor- 
mation as  the  insurance  commissioner  may  deem  necessary  to  a  proper 
exhibit  of  its  business  and  plan  of  working.  The  insurance  commissioner 
may  at  other  times  require  any  further  statement  he  may  deem  necessary 
to  be  made  relating  to  such  society.     In  addition  to  the  annual  report 


Act  313,  §  23  GENERAL  LAWS.  9i0 

herein  required,  each  society  shall  annually  report  to  the  insurance  com- 
missioner a  valuation  of  its  certificates  in  force  on  December  31st,  last 
preceding,  excluding  those  issued  within  the  year  for  which  the  report 
is  filed,  in  eases  where  the  contributions  for  the  first  j'ear  in  whole  or 
in  part  are  used  for  current  mortality  and  expenses,  provided  the  first 
report  of  valuation  shall  be  made  as  of  December  31.  1912.  Such  report 
of  valuation  shall  show,  as  contingent  liabilities,  the  present  mid-year 
value  of  the  promised  benefits  provided  in  the  constitution  and  laws  of 
such  society  under  certificates  then  subject  to  valuation;  and,  as  contin- 
gent assets,  the  present  mid-year  value  of  the  future  net  contributions 
provided  in  the  constitution  and  laws  as  the  same  are  in  practice  actually 
collected).  At  the  option  of  any  society,  in  liou  of  the  above,  the  valua- 
tion may  show  the  net  value  of  the  certificates  subject  to  valuation 
hereinbefore  provided  and  said  net  value,  when  computed  in  case  of 
monthly  contributions,  may  be  the  mean  of  the  terminal  values  for  the 
end  of  the  preceding  and  of  the  current  insurance  years.  Such  valuation 
shall  be  certified  by  a  competent  accountant  or  actuary,  or  at  the  request 
and  expense  of  the  society,  verified  by  the  actuary  of  the  department  of 
insurance  of  the  home  state  of  the  society,  and  shall  be  filed  with  the 
insurance  commissioner  within  ninety  days  after  the  submission  of  the 
last  preceding  annual  report.  The  local  minimum  standard  of  valuation 
for  all  certificates,  eocccpt  for  disability  benefits,  shall  be  the  national 
fraternal  congress  table  of  mortality  as  adopted  by  the  national  fraternal 
congress  August  23,  1899,  or,  at  the  option  of  the  society,  any  higher 
table,  or,  at  its  option,  it  may  use  a  table  based  upon  the  society's  own 
experience  of  at  least  twenty  years  and  covering  not  less  than  one  hun- 
dred thousand  lives  with  interest  assumption  not  more  than  four  per 
centum  per  annum.  Each  such  valuation  report  shall  set  forth  clearly 
and  fully  the  mortality  and  interest  basis  and  the  method  of  valuation. 
Any  society  providing  for  disability  benefits  shall  keep  the  net  contribu- 
tions for  such  benefits  in  a  fund  separate  and  apart  from  all  other  benefit 
and  expense  funds  and  the  valuation  of  all  other  business  of  the  society; 
provided,  that  where  a  combined  contribution  table  is  used  by  a  society 
for  both  death  and  permanent  total  disability  benefits,  the  valuation  shall 
be  according  to  tables  of  reliable  experience  and  in  such  case  a  separa 
tion  of  the  funds  shall  not  be  required.  The  valuation  herein  provided 
for  shall  not  be  considered  or  regarded  as  a  test  of  the  financial  solvency 
of  the  society,  but  each  society  shall  be  held  to  be  legally  solvent  so 
long  as  the  funds  in  its  possession  are  equal  to  or  in  excess  of  its  ma- 
tured liabilities.  Beginning  with  the  year  1914  a  report  of  such  valua- 
tion and  an  explanation  of  the  facts  concerning  the  condition  of  the 
society  thereby  disclosed  shall  be  printed  and  mailed  to  each  beneficiary 
member  of  the  society  not  later  than  June  1st  of  each  year,  or.  in  liou 
thereof,  such  report  of  valuation  and  showing  of  the  society's  condition 
as  thereby  disclosed  may  be  published  in  the  society's  official  paper  and 
the  issue  containing  the  same  mailed  to  each  beneficiary  member  of  the 
society.     The  laws  of  such  society  shall  provide  that  if  the  stated  period- 


941  BENEFIT  SOCIETIES.  Act  313,  §§  23cl,  24 

ical  contributions  of  the  members  are  insiifBcient  to  pay  all  matured 
death  and  disability  claims  in  full  and  to  provide  for  the  creation  and 
maintenance  of  the  funds  required  by  its  laws,  additional  increased  or 
extra  rates  of  contribiltion  phall  be  collected  from  the  members  to  meet 
such  deficiency;  and  such  laws  may  provide  that,  upon  the  written  appli- 
cation or  consent  of  the  member,  his  certificate  may  be  charged  with  its 
proportion  of  anj'  deficie'ncy  disclosed  by  valuation,  with  interest  not 
exceeding  five  per  centum  per  annum. 

Provisions  to  insure  future  security. 

§  23a.  If  the  valuation  of  the  certificates,  as  hereinbefore  provided, 
on  December  31,  3  917,  shall  show  that  the  present  value  of  future  net 
contributions,  together  with  the  admitted  assets,  is  less  than  ninety  per 
centum  of  the  present  value  of  the  promised  benefits  and  accrued  liabili- 
ties, such  society  shall  be  required  thereafter  to  reduce  such  deficiency 
not  less  than  five  per  centum  of  the  total  deficiency  on  said  December 
31,  1917,  at  each  succeeding  triennial  valuation.  If  at  any  succeeding 
triennial  valuation  such  society  does  not  show  such  percentage  of  im- 
provement, the  insurance  commissioner  shall  direct  that  it  thereafter 
comply  with  the  requirements  herein  specified.  If  the  next  succeeding 
triennial  valuation  after  the  receipt  of  such  notice  shall  show  that  the 
society  has  not  made  the  percentage  of  improvement  required  herein,  the 
insurance  commissioner  may,  in  the  absence  of  good  cause  shown  for  such 
failure,  institute  proceedings  for  the  dissolution  of  such  society,  in  ac- 
cordance with  the  provisions  of  section  24  of  this  act,  or,  in  the  case  of 
a  foreign  society,  he  may  cancel  its  certificate  of  authority  to  transact 
business  in  this  state.  Any  such  society,  shown  by  any  triennial  valua- 
tion, subsequent  to  December  31,  1917,  not  to  have  made  the  improve- 
ments herein  required  shall,  within  one  year  thereafter,  complete  such 
deficient  improvements,  or  thereafter,  as  to  all  new  members  admitted, 
be  subject,  so  far  as  stated  rates  of  contribution  are  concerned,  to  the 
provisions  of  section  12  of  this  act,  applicable  in  the  organization  of  new 
societies;  provided,  that  the  contributions  and  funds  of  such  new  mem- 
bers shall  be  kept  separate  and  apa'i-t  from  the  other  funds  of  the  society 
until  the  required  improvement  shall  be  shown  by  valuation.  If  such 
required  improvement  is  not  shown  by  the  succeeding  triennial  valua- 
tion, then  the  said  new  members  may  be  placed  in  a  separate  class  and 
their  certificates  valued  as  an  independent  society  in  respect  of  contri- 
butions and  funds. 

Examination  of  domestic  societies  by  insurance  commissioner.     Expense 
of  examination.     Action  when  societies  fail  to  reach  required  stand- 
ard.    Proceedings  only  after  notice. 
§  24.     The    insurance    commissioner,    or   any   person   he   may   appoint, 
shall  have  the  power  of  visitation  and  examination  into  the  affairs  of  any 
domestic    society.     He   may   employ   assistants   for   the   purpose    of   such 
examination,   and   he,   or   any   person   he   may  appoint,   shall   have   free 


Act  313,  §§  25, 26  general  laws.  942 

access  to  all  tlie  books,  papers  and  clocuments  that  relate  to  the  business 
of  the  society  and  may  summon  and  qualify  as  witness  under  oath  and 
examine  its  ofBeers,  agents  and  employees  or  other  persons  in  relation  to 
the  affairs,  transactions  and  condition  of  the  society.  The  expense  of 
such  examination  shall  be  paid  by  the  society  examined,  upon  statement 
furnished  by  the  insurance  commissioner,  and  the  examination  shall  be 
made  at  least  once  in  three  years.  Whenever  after  examination  the 
insurance  commissioner  is  satisfied  that  any  domestic  society  has  failed 
to  comply  with  any  provisions  of  this  act,  or  is  exceeding  its  powers,  or 
is  not  carrying  out  its  contracts  in  good  faith,  or  is  tran.sacting  business 
fraudulently,  or  whenever  any  domestic  society,  after  the  existence  of 
one  year  or  more,  shall  have  a  membership  of  less  than  four  hundred  (or 
shall  determine  to  discontinue  business),  the  insurance  commissioner  may 
present  the  facts  relating  thereto  to  the  attorney  general,  who  shall, 
if  he  deem  the  circumstances  warrant,  commence  an  action  in  quo  war- 
ranto in  a  court  of  competent  jurisdiction,  and  such  court  shall  there- 
upon notify  the  officers  of  such  society  of  a  hearing,  and  it  shall  then 
appear  that  such  society  should  be  closed,  said  society  shall  be  enjoined 
from  carrying  on  any  further  business  and  some  person  shall  be  ap 
pointed  receiver  of  such  society,  and  shall  proceed  at  once  to  take  pos- 
session of  the  books,  papers,  moneys  and  other  assets  of  the  society  and 
shall  forthwith,  under  the  direction  nf  the  court,  proceed  to  close  the 
affairs  of  the  society  and  to  distribute  its  funds  to  those  entitled  thereto. 
No  such  proceedings  shall  be  eommonced  by  the  attorney  general  against 
any  such  society  until  after  notice  has  been  duly  served  on  the  chief 
executive  officers  of  the  society  and  a  reasonable  opportunity  given  to  it, 
on  a  date  to  be  named  in  said  notice,  to  show  cause  why  such  proceed- 
ings should  not  be  commenced. 

Application  for  receiver. 

§  25.  Xo  application  for  injunction  against  or  proceedings  for  the  dis- 
solution of,  or  the  appointment  of  a  receiver  for,  any  such  domestic 
society  or  branch  thereof  shall  be  entertaineil  by  any  court  in  this  state 
unless  the  same  is  made  by  the  attorney  general. 

Examination  of  foreign  societies. 

§  26.  The  insurance  commissioner,  or  any  person  whom  he  may  ap- 
point, may  examine  any  foreign  society  transacting  or  applying  for 
admission  to  transact  business  in  this  state.  The  said  insurance  cnin- 
niissioner  may  employ  assistants,  and  he,  or  any  person  he  may  appoint, 
shall  have  free  access  to  all  the  books,  papers  and  documents  that  relate 
to  the  business  of  the  society,  and  may  summon  and  qualifv  as  witness 
under  oath  and  examine  its  officers,  agents  and  employees  and  other  per- 
sons in  relation  to  the  affairs,  transactions  and  condition  of  the  societv. 
He  may,  in  his  discretion,  accept  in  lieu  of  such  examination  the  exam- 
ination of  the  insurance  department  of  the  state,  territory,  distri<t, 
province   or   county   where   such   society   is   organized.     The   actual    ex- 


943  BENEFIT  SOCIETIES.  Act  313,  §§  27-29 

penses  of  examiners  niakiiin;  any  sur-h  examination  shall  be  paid  by  the 
society  upon  statement  furnished  by  the  insurance  commissioner.  If  any 
such  society  or  its  officers  refuse  to  submit  to  such  examination  or  to 
comply  with  the  provisions  of  the  section  relative  thereto,  the  authority 
of  such  society  to  write  new  business  in  this  state  shall  be  suspended  or 
license  refused  until  satisfactory  evidence  is  furnished  the  insurance 
commissioner  relating:  to  the  condition  and  affairs  of  the  society,  and 
during  such  suspension  the  society  shall  not  write  new  business  in  this 
state. 

Insurance  commissioner  not  to  publish  statement  pending  investigation. 
§  27.  Pending,  during  or  after  an  examination  or  investigation  of  any 
such  societv,  either  domestic  or  foreign,  the  insurance  commissioner  shall 
make  public  no  financial  statement,  report  or  finding,  nor  shall  he  permit 
to  become  public  any  financial  statement,  report  or  finding  alTeeting  the 
status,  standing  or  rights  of  any  such  society,  until  a  copy  thereof  shall 
have  been  served  upon  such  society,  at  its  home  office,  nor  until  such 
society  shall  have  been  afforded  a  reasonable  opportunity  to  answer  any 
such  financial  statement,  report  or  finding  and  to  make  such  showing  in 
counection  therewith  as  it  may  desire. 

Revocation  of  license. 

§  28.  When  the  insurance  commissioner  on  investigation  is  satisfied 
that  any  foreign  society  1^-ansacting  business  under  this  act  has  exceeded 
its  powers,  or  has  failed  to  comply  with  any  provisions  of  this  act,  or  is 
conducting  business  fraudulently,  or  is  not  carrying  out  its  contracts  in 
good  faith,  he  shall  notify  the  society  of  his  findings,  and  state  in  writing 
the  grounds'  of  his  dissatisfaction,  and  after  reasonable  notice  require 
said  society,  on  a  date  named,  to  show  cause  why  its  license  should  not 
be  revoked.  If  on  the  date  named  in  said  notice  such  objections  have 
not  been  removed  to  the  satisfaction  of  the  said  insurance  commissioner, 
or  the  society  does  not  present  good  and  sufficient  reasons  why  its  author- 
ity to  transact  business  in  this  state  should  not  at  that  time  be  revoked, 
he  may  revoke  the  authority  of  the  society  to  continue  business  in  this 
state.  All  decisions  and  findings  of  the  insurance  commissioner  made 
under  the  provisions  of  this  section  may  be  reviewed  by  proper  proceed- 
ings in  any  court  of  competent  jurisdiction,  as  provided  in.  section  16  of 
this  act. 

Certain  societies  exempt. 

§  29.  Nothing  contained  in  this  act  shall  be  construed  to  affect  or 
apply  to  grand  or  subordinate  lodges  of  Masons,  Odd  Fellows  or  Knights^ 
of  Pythias  (exclusive  of  the. insurance  department  of  the  supreme  lodge 
Knights  of  Pythias),  and  the  Junior  Order  of  United  American  Mechan- 
ics (exclusive  of  the  beneficiary  degree  or  insurance  branch  of  the  na- 
tional council  Junior  Order  United  American  Mechanics)  or  societies 
which  limit  their  membership  to  any   one  hazardous  occupation,  nor  to 


Act  313,  §§  30,  31  GENERAL   LAWS.  94-i 

similar  societies  which  do  not  issue  insurance  certificates,  nor  to  an  asso- 
ciation of  local  lodges  of  a  society  now  doing  business  in  this  state  which 
provides  death  benefits  not  exceeding  three  hundred  dollars  to  any  one 
person,  or  disability  benefits  not  exceeding  three  hundred  dollars  in  any 
one  year  to  any  one  person,  or  both,  nor  to  any  contracts  of  reinsurance 
business  on  such  plan  in  this  state,  nor  to  domestic  societies  which  limit 
their  membership  to  the  employees  of  a  particular  city  or  town,  desig- 
nated firm,  business  house  or  corporation,  nor  to  <lomestio  lodges,  onlers 
or  associations  of  a  purely  religious,  charitable  and  benevolent  descrip- 
tion, which  do  not  provide  for  a  death  benefit  of  more  than  one  hundred 
dollars,  or  for  disability  benefits  of  more  than  one  hundred  and  fifty 
dollars  to  any  one  person  in  any  one  year;  provided,  always,  that  any 
such  domestic  order  or  society  which  has  more  than  five  hundred  mem- 
bers, and  provides  for  death  or  disability  benefits,  and  any  euch  domestic 
lodge,  order  or  society  which  issues  to  any  person  a  certificate  provid- 
ing for  the  payment  of  benefits,  shall  not  be  exempt  by  the  provisions  of 
this  section,  but  shall  comply  with  all  the  requirements  of  this  act.  The 
insurance  commissioner  may  require  from  any  society  such  information  as 
will  enable  him  to  determine  whether  such  society  is  exempt  from  the 
provisions  of  this  act.  No  society  which  is  exempt  by  the  provisions  of 
this  section  from  the  requirement  of  this  act  shall  give  or  allow,  or 
promise  to  give  or  allow,  to  any  person  any  compt-nsation  for  procuring 
new  members.  Any  fraternal  benefit  society,  heretofore  organized  and 
incorporated  and  operating  within  the  definition  set  forth  in  sections  1. 
2  and  3  of  this  act,  providing  for  benefits  in  case  of  death  or  disability 
resulting  solely  from  accidents,  but  which  does  not  obligate  itself  to  pay 
death  or  sick  benefits,  may  be  licensed  under  the  provisions  of  this  act, 
and  shall  have  all  the  privileges  and  shall  be  subject  to  all  the  provisions 
and  regulations  of  this  act,  except  that  the  provisions  of  this  act  requir- 
ing medical  examination,  valuations  of  benefit  certificates,  and  that  the 
ceatificates  shall  specify  the  amount  of  benefits,  ehall  not  apply  to  such 
society. 

Taxation. 

§  30.  Every  fraternal  benefit  society  organized  or  licensed  under  this 
act  is  hereby  declared  to  be  a  charitable  and  benevolent  institution,  and 
all  of  its  funds  shall  be  exempt  from  all  and  every  state,  county,  district, 
municipal  and  school  tax,  other  than  taxes  on  real  estate  and  office  equip- 
ment. 

Penalties.     Soliciting  membership  for  societies  not  licensed. 

§  31.  Any  person,  otficer,  member  or  examining  physician  of  any 
society  authorized  to  do  business  under  this  act  who  shall  knowingly  or 
willfully  make  any  false  or  fraudulent  statement  or  representation  in  or 
with  reference  to  any  application  for  membership,  or  for  the  purpose  of 
obtaining  money  from  or  benefit  in  any  society  transacting  business  under 
this  act,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 


945  BENEFIT    SOCIETIES. 

shall  be  punislied  by  a  fine  of  not  less  than  one  hundred  dollars  nor  mora 
than  five  hundred  dollars,  or  imprisonment  in  the  county  jail  for  not  less 
than  thirty  days  nor  more  than  one  year,  or  both,  in  the  discretion  of 
the  court;  and  any  person  who  shall  willfully  make  a  false  statement  of 
any  material  fact  or  thing  in  a  sworn  statement  as  to  the  death  or  dis- 
ability of  a  certificate  holder  in  any  sur-h  society  for  the  purpose  of 
procuring;  payment  of  a  benefit  named  in  the  certificate  of  such  holder, 
and  any  person  who  shall  willfully  make  any  false  statement  in  any  veri- 
fied report  or  declaration  under  oath  refjuired  or  authorized  by  this  act, 
shall  be  guilty  of  perjury,  and  shall  be  proceeded  against  and  punished 
as  provided  by  the  statutes  of  this  state  in  relation  to  the  crime  of  per- 
jury. Any  person  who  shall  solicit  membership  for,  or  in  any  manner 
assist  in  procuring  membership  in,  any  fraternal  benefit  society  not 
licensed  to  do  business  in  this  state,  or  who  shall  solicit  membership  for, 
or  in  any  manner  assist  in  procuring  membership  in  an}'^  such  society  not 
authorized  as  herein  provided,  to  do  business  as  herein  defined  in  this 
state  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  less  than  fifty  nor  more  than  two  hundred 
dollars.  Any  society,  or  any  officer,  agent  or  employee  thereof  neglecting 
or  refusing  to  comply  with  or  violating  any  of  the  provisions  of  this  act, 
the  penalty  for  which  neglect,  refusal  or  violation  is  not  specified  in  this 
section,  shall  be  fined  not  exceeding  two  hundred  dollars  upon  conviction 
thereof. 

§  32.     All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby 
repealed. 

ACT  314. 

An  act  authorizing  and  empowering  unincorporated,  benevolent  or  fra- 
ternal societies  to  purchase,  receive,  manage  and  sell  real  estate  with- 
out incorporating. 

[Approved  April  24,  1911.     Stats.  1911,  p.  1093.] 

Benevolent  societies  may  hold  real  estate  necessary  for  business. 

§  1.  All  unincorporated  benevolent  or  fraternal  societies  or  associa- 
tions are  and  every  lodge  or  branch  of  such  society  or  association  is 
hereby  authorized  and  empowered,  without  incorporation,  to  purchase, 
receive,  own,  hold,  mortgage,  manage  and  sell  all  such  real  estate  and 
other  property  as  may  be  necessary  for  the  business  purposes  and  objects 
of  the  said  society  or  association  or  lodge  or  branch,  subject  to  the  laws 
and  regulations  of  said  society  or  association  or  lodge  or  branch  and  of 
the  grand  lodge  thereof;  and  also  to  take  and  receive  by  will  or  deed 
all  property  not  so  necessary,  and  to  hold  the  same  until  disposed  of 
within  a  period  of  ten  years  from  the  acquisition  thereof;  provided, 
that  all  conveyances  transferring  or  in  any  manner  affecting  the  title 
to  real  estate  owned  or  held  by  said  society  or  association  shall  be  exe- 
60 


Act  315,  §§  1-3  GENERAL   LAWS.  946 

cuted  by  its  presiding  officer  and  recording  secretary  under  its  seal  after 
resolution  duly  adopted  by  said  society  or  association  authorizing  such 
conveyance. 

ACT  315. 

An  act  to  regulate  the  organization  of  fraternal   insurance  associations. 
[Approved  June  S,  1913.     Stats.  1913,  p.  372.] 

Fraternal  fire  insurance  associations. 

§  1.  Secret,  fraternal  societies,  having  lodges,  councils  or  granges  in 
this  state,  and  conducting  their  business  and  securing  their  menabership 
on  the  lodge,  council  or  grange  system  e.xclusively,  ar.d  having  ritualistic 
work  and  ceremonies  in  their  societies,  lodges,  councils  or  granges,  may 
form  an  association  of  the  members  of  their  order  or  society,  binding 
themselves  to  contribute  to  each  other's  loss  by  fire. 

Formation. 

§  2.  Such  association  shall  be  formed  by  filing  a  verified  certificate 
in  the  office  of  the  secretary  of  state  and  by  filing  a  like  certificate  in 
the  office  of  the  clerk  of  each  county  in  which  a  member  has  property 
insured  in  said  association;  such  certificate  shall  state  generally  the  ob- 
jects of  the  association,  and  shall  state  its  principal  place  of  business,  the 
names  of  its  officers,  who  shall  be  members  of  said  association  having 
property  insured  therein;  such  certificate  shall  be  signed  by  said  oflicers 
and  verified  by  at  least  three  of  them. 

Limit  on  insurance.  For  members  only.  Seventy-five  per  cent  cash 
value. 
§  3.  An  association  formed  as  prescribed  in  sections  1  and  2  of  this 
act  may  insure  the  property  of  its  members  against  loss  or  damage  by 
fire  for  an  amount  not  exceeding  fortv-five  hunilrod  dollars  on  any  one 
risk,  and  no  risk  of  more  than  thirty-five  hundred  dollars  shall  he  bind- 
ing until  risks  to  the  amount  of  two.  hundred  thousan«l  dollars  have  been 
written  and  all  premiums  paid  thereon,  and  no  risk  of  more  than  fifteen 
hundred  dollars  shall  be  binding  until  risks  to  the  amount  of  one  hun- 
dred thousand  dollars  have  been  written  and  all  premiums  paid  thereon, 
and  no  risk  of  any  amount  shall  be  binding  until  risks  to  the  amount 
of  seventy  five  thousand  dollars  have  been  written  and  all  premiums 
paid  thereon.  And  no  risk  shall  be  written  by  such  association  exce]it 
for  members  in  good  standing  on  the  books  of  the  order  or  society  form- 
ing the  association  and  a  suspension  or  withdrawal  from  membership 
in  such  order  or  society  will  suspend  the  insurance  risk  until  the  member 
is  restored  to  good  standing  in  said  order  or  society  and  in  sai.l  associa- 
tion, provided,  that  a  restoration  to  membership  after  suspension  there- 
from shall  in  no  case  be  construed  as  extending  the  term  of  the  risk. 
No  risk  written  by  such  association  shall  be  for  an  amount  in  excess  of 


947  BENEFIT  SOCIETIES,  Act  315,  §§  4-S 

seventy-five  per  eentiim  of  the  cash   value  of  the  property  insured,  and 
no  conpurront  or  additional  insurance  shall  be  allowed. 

Powers. 

§  4.  Such  association  by  and  in  its  own  name  may  sue  and  be  sued, 
may  loan  such  funds  as  it  may  have  on  hand  in  such  manner  as  its  arti- 
cles of  association  and  its  by-laws  have  provided  for;  may  own  sufficient 
real  estate  for  its  business  purposes,  and  such  other  real  estate  as  may 
be  necessary  to  purchase  on  foreclosure  of  its  mortgages;  provided,  such 
real  estate  so  obtained  by  foreclosure  shall  be  sold  and  conveyed  within 
five  years  from  the  time  title  vests  in  said  association. 

By-laws. 

§  5.  Such  association  may  make  such  b3'-laws,  not  inconsistent  with 
the  laws  of  this  state,  as  may  be  necessary  for  its  government  and  for 
the  transaction  of  its  business,  and  such  association  merely  creating  a 
mutual  bond  and  agreement  of  its  members  to  participate  in  each  other's 
loss  by  fire  does  not  come  under  the  insurance  laws  of  California.  Out- 
side of  the  requirements  of  this  act,  their  own  regulations  and  those  of 
the  order  to  which  they  belong  are  sufficient. 

Obligation  to  pay  pro  rata. 

§  6.  All  persons  insured  shall  give  their  obligation  to  the  association, 
binding  themselves,  their  heirs  and  assigns,  to  pay  their  pro  rata  share, 
proportioned  to  the  amount  of  insurance  in  the  association  held  by  them, 
at  the  time  of  the  loss  to  the  association,  of  the  necessary  expenses-  and 
of  loss  by  fire  which  may  be  sustained  by  any  member  thereof  during  the 
time  for  which  their  respective  policies  are  written,  and  said  policies 
may  be  canceled  by  either  party  thereto,  in  which  case  settlement  or  ad- 
justment shall  be  made  in  accordance  with  the  terms  of  the  by-laws  of 
the  association,  and  they  shall  also  at  the  time  of  effecting  the  insurance 
pay  such  a  percentage  in  cash,  and  such  other  charges,  as  may  be  re- 
quired by  the  rules  or  by-laws  of  the  association. 

Classification  of  property.     Not  to  insure  property  in  cities. 

§  7.  All  such  associations  must  classify  the  ]iroperty  insured  therein 
at  the  time  of  issuing  policies  thereon  under  different  rates,  correspond- 
ing as  nearly  as  may  be  to  the  greater  or  less  risk  from  fire  loss  which 
may  be  attached  to  the  several  kinds  of  property  insured.  No  such  asso- 
ciation shall  issue  policies  of  insurance  on -any  property  within  the  limits 
of  cities  of  the  first,  first  and  a  half,  second,  third,  fourth,  fifth  and  sixth 
classes;  provided,  that  no  dwelling  shall  be  insured  within  the  corporate 
limits  of  any  city  or  town  exposed  by  anv  other  building  within  one  hun- 
dred feet  or  by  anj'  risk  other  than  a  dwelling  or  private  barn  within  two 
hundred  feet  of  the  risk  assured. 

Ascertainment  of  loss. 

§  8.  Such  association  shall  provide  in  its  by-laws  for  the  ascertain- 
ment of  loss  or  damage  by  fire,  and  for  the  payment  thereof. 


Acts  332-334  general  laws.  948 

TITLE  47. 
BERKELEY. 
ACT  332. 

Charter  of  Berkeley.     [Stats.   1909,  p.  1208.] 

Amended   1913,  p.   1502. 

ACT  334. 

An  act  granting  to  the  city  of  Berkeley  the  salt  marsh,  tide  and  sub- 
merged lands  of  the  state  of  California,  including  the  right  to  wharf 
out  therefrom  to  the  city  of  Berkeley,  and  regulating  the  manage- 
ment, use  and  control  thereof. 

[Approved  June  11,  1913.     Stats.  1913,  p.  705.] 

Tide  lands  granted  to  Berkeley.     Conditions  of  grant. 

§  1.  There  is  hereby  granted  to  the  city  of  Berkeley,  a  municipal  cor- 
poration of  the  state  of  California,  and  to  its  successors,  all  the  right, 
title  and  interest  of  the  state  of  California,  held  by  said  state  by  virtue 
of  its  sovereignty,  in  and  to  all  the  salt  marsh,  tide  and  submerged  Imds, 
whether  filled  or  unfilled,  within  the  present  boundaries  of  said  city,  and 
situated  below  the  line  of  mean  high  tide  of  the  Pacific  Ocean,  or  of  any 
harbor,  estuary,  bay  or  inlet  within  said  boundaries,  to  be  forever  held 
by  said  city,  and  by  its  successors,  in  trust  for  the  uses  and  purposes, 
and  upon  the  express  conditions  following,  to  wit:  That  said  lands  shall 
be  used  by  said  city  and  its  successors,  solely  for  the  establishment,  im- 
provement and  conduct  of  a  harbor,  and  for  the  construction,  mainte 
nance  and  operation  thereon  of  wharves,  docks,  piers,  slips,  qitays,  and 
other  utilities,  structures  and  appliances  necessary  or  convenient  for  the 
promotion  and  accommodation  of  commerce  and  navigation,  and  said 
city,  or  its  successors,  shall  not,  at  any  time,  grant,  convey,  give  or 
alien  said  lands,  or  any  part  thereof,  to  any  individual  firm  or  corpora- 
tion for  any  purpose  whatever;  provided,  that  said  city,  or  its  successors, 
may  grant  franchises  thereon,  for  limited  periods,  for  wharves  and  other 
public  uses  and  purposes,  and  may  lease  said  lands,  or  any  part  thereof, 
for  limited  periods,  for  purposes  consistent  with  the  trusts  upon  which 
said  lands  are  held  by  the  state  of  California  and  with  the  requirements 
of  commerce  or  navigation  at  said  harbor,  for  .i  term  not  exceeding 
twenty-five  years,  and  on  such  other  terms  and  conditions  as  said  city 
may  determine,  including  a  right  to  renew  such  lease  or  leases  for  a 
further  term  not  exceeding  twenty-five  years  or  to  terminate  the  same 
on  such  terms,  reservations  and  conditions  as  may  be  stipulated  in  such 
lease  or  leases,  and  said  lease  or  leases  may  be  for  any  and  all  purposes 
which  shaJl  not  interfere  with  navigation  or  commerce,  with  the  rever- 
sion to  the  said  city  on  the  termination  of  such  lease  or  leases  of  any 
and  all  improvements  thereon,  and  on  such  other  terms  and  conditions 
as  the  said  city  may  determine,  but  for  no  purpose  which  will  interfere 
with  navigation  or  commerce;  subject  also  to  a  reservation  in  all  such 


949  BERKELEY.    '  Act  334,  §  2 

leases  or  such  wharfing  out  privileges  of  a  street,  or  of  such  other  reser- 
vation as  the  said  city  mav  determine  for  ?ewer  outlets,  and  for  gas 
and  oil  mains,  and  for  hydrants,  and  for  electric  cables  and  wires,  and 
for  such  other  conduits  for  municipal  purposes,  and  for  such  public  and 
municipal  purposes  and  uses  as  may  be  deemed  necessary  by  the  said 
city;  provided,  however,  that  each  person,  firm  or  corporation  or  their 
heirs,  successors  or  assigns  now  in  possession  of  land  or  lands  abutting 
on  said  lands,  within  the  boundaries  of  the  city  of  Berkeley,  shall  have 
a  right  to  obtain  a  lease  for  a  term  of  twenty-five  years  from  said  city 
of  said  land  and  wharfing  out  privileges  therefrom  with  a  right  of  re- 
newal for  a  further  term  of  twenty  five  years  pursuant  to  the  ^provisions 
of  this  act  and  on  such  terms  and  conditions  as  said  city  may  determine 
and  specify,  subject  to  the  right  of  said  city  to  terminate  said  lease  at 
the  end  of  the  first  twenty-five  years  or  refuse  to  renew  the  same,  or  to 
terminate  the  lease  so  renewed  during  the  term  of  such  renewed  lease  on 
such  just  and  reasonable  terms  for  compensation  for  improvements  at  the 
then  value  of  said  improvements  as  said  city  may  determine  and  specify. 
Upon  obtaining  such  lease  and  wharfing  out  privileges  such  person,  firm 
or  corporation,  their  heirs  or  assigns,  "shall  quitclaim  to  said  city  any 
right  they  or  any  of  them  may  claim  or  have  to  the  said  lands  hereby 
granted.  This  grant  shall  carry  the  right  to  such  city  of  the  rents, 
issues  and  profits  in  any  mnnner  hereafter  arising  from  the  lands  or 
wharfing  out  privileges  hereby  granted.  The  state  of  California  shall 
have,  at  all  times,  the  right  to  use,  without  charge,  all  wharves,  docks, 
piers,  slips,  quays  and  other  improvements  constructed  on  said  lands  or 
any  part  thereof,  for  any  vessel  or  other  water  craft,  or  railroad,  owned 
or  operated  by  the  state  of  California.  Xo  discrimination  in  rates,  tolls 
or  charges  or  in  facilities  for  any  use  or  service  in  connection  therewith 
shall  ever  be  made,  authorized  or  permitted  by  said  city  or  its  successors 
in  the  management,  conduct  or  operation  of  any  of  the  utilities,  structures 
or  appliances  mentioned  in  this  section.  There  is  hereby  reserved  in  the 
people  of  the  state  of  California  the  right  to  fish  in  the  waters  on  which 
said  lands  may  front  with  the  right  of  convenient  access  to  said  waters 
over  said  lands  for  said  purpose. 

Must  expend  five  hundred  thousand  dollars  within  five  years. 

§  2.  The  foregoing  conveyance  is  made  upon  the  condition  that  the 
city  of  Berkeley  shall,  within  five  years  from  the  approval  of  this  act, 
exclusive  of  such  time  as  said  city  may  be  restrained  from  so  doing  by 
injunction  issued  out  of  any  court  of  this  state  or  of  the  United  States, 
and  exclusive  of  such  further  delay  as  may  be  caused  by  unavoidable  mis- 
fortune or  great  public  or  municipal  calamity,  issue  its  bonds  for  harbor 
improvement  purposes  in  an  amount  of  money  of  not  less  than  five  hun- 
dred thousand  dollars,  and  shall,  within  five  years  after  the  approval  of 
this  act,  exclusive  of  the  time  in  this  section  hereinbefore  mentioned, 
commence  the  work  of  such  harbor  improvement,  and  the  said  work  and 
improvement  shall  be  prosecuted  with  such  diligence  that  not  less  than 


Acts  368-390  general  laws.  950 

five  hundred  thousand  dollars  shall  be  expended  thereon  within  five  years 
from  the  approval  of  this  act  exclusive  of  the  time  in  this  section  here- 
inbefore mentioned.  If  said  bonds  be  not  issued  or  said  work  be  not 
prosecuted  and  completed  as  and  in  the  manner  herein  provided,  then 
the  lands  by  this  act  conveyed  to  the  city  of  Berkeley  shall  revert  to  the 
state  of  California. 

TITLE  55. 

BONDS. 
ACT  368. 

Citations.     App.   9/410. 

ACT  376. 

Citations.     Cal.   156/113. 

ACT  379. 

Citations.     Cal.   162/590,  592. 

ACT  390. 

An   act  providing  for  the   issuance   of  improvement  bonds   to   represent 

certain  special  assessments  for  public   improvements,  and  providing 

for  the  effect  and  enforcement  of  such  bonds. 

[Approved  April   27,   I'.Hl.     Stats.    1911,   p.    1192.] 

"Street  opening  act  of  1903."  "Park  act."  "Street  improvement  act 
of  1909."  "Improvement  bond."  "Assessment."  "Delinciuency." 
"City  council." 

§  1.  The  expression  "street  opening  act  of  1903"  as  herein  used  shall 
mean  the  act  entitled  "An  act  to  provide  for  the  laying  out,  opening, 
extending,  widening,  or  straigliteuing,  in  whole  or  in  part,  of  public 
streets,  squares,  lanes,  alleys,  courts,  and  places  within  municipalities, 
for  the  condemnation  of  property  necessary  or  convenient  for  such  pur- 
poses, and  for  the  establishment  of  assessment  districts  and  tke  assess- 
ment of  property  therein  to  pay  the  expenses  of  such  improvement," 
approved  March  24,  1903  (Stats.  1903,  page  376),  and  acts  amendatory 
thereto. 

The  expression  "park  act"  as  herein  used  shall  mean  the  act  entitled 
"An  act  to  provide  for  the  acquisition  by  municipalities  of  land  for 
public  park  or  playground  purposes  by  condemnation,  and  for  the  e.stab- 
lishment  of  assessment  districts  and  the  assessment  of  property  therein 
to  pay  the  expense  of  acquiring  such  land,"  approved  April"  22,  1909 
(Stats.   1909,  p.   1066). 

The  expression  "street  improvement  act  of  1909"  as  herein  used  shall 
mean  the  act  entitled  "An  act  to  provide  for  the  improvement  of  public 
streets,  lanes,  alleys,  courts  and  places  in  municipalities,  in  cases  where 
any  damage  to  private  property  would  result  from  such  improvement, 
and  for  the  assessment  of  the  costs,  damages,  and  expenses  thereof  upon 


I 


951  BONDS.  Act  390,  §§2-4 

the  property  benefited  thereby,"  approved  April  21,  1909  (Stats.  1909, 
p.  1042). 

The  expression  "improvement  bond"  as  herein  used  shall  mean  a  bond 
issue'imder  the  provisions  of  this  act. 

The  terms  "assessment"  or  "assessment-roll"  aj  herein  used  shall  mean 
a  special  assessment  made  under  the  provisions  of  any  of  the  acts  herein 
in  this  section  specified. 

The  term  "delinquency"  as  herein  used  shall  mean  delinquency  in  the 
payment  of  an  assessment  made  under  the  provisions  of  the  acts  herein 
in  this  section  specified  and  the  expression  "time  of  delinquency"  shall 
mean  the  time  in  said  acts  fixed  when  assessments  become  delinquent. 
The  expression  "city  council"  as  herein  used  shall  mean  the  legislative 
body  of  the  municipality. 

Council  may  determine  the  issue  of  improvement  bonds. 

§  2.  The  city  council  of  any  municipal  corporatiou  of  this  state  may, 
in  its  discretion,  at  or  before  the  time  of  the  confirmation  of  any  assess- 
ment or  assessment-roll  in  proceedings  had  and  taken  under  the  street 
opening  act  of  190.3,  the  park  act  or  the  street  improvement  act  of  1909, 
determine  that  improA'ement  bonds  may  issue  to  represent  such  assess- 
ments, which   determination   shall  be   made   by   resolution    or   ordinance. 

Owner  of  lot  may  elect  to  pay  assessment  in  installments. 

§  3.  Whenever  it  is  determined  as  provided  in  section  2  hereof  that 
improvement  bonds  may  be  issued  to  represent  assessments,  the  owner 
of  any  lot  or  parcel  of  land  against  which  an  assessment  has  been  made, 
when  the  amount  of  such  assessment  is  fifty  ($50)  dollars  or  over,  may 
at  any  time  prior  to  delinquency,  elect  to  pay  such  assessment  in  install- 
ments and  to  have  an  improvement  bond  issued  against  such  lot,  in  the 
form  and  manner  and  with  the  effect  Jn  this  act  [provided];  provided, 
there  be  no  other  bond  or  bonds  outstanding  against  said  lot  represent- 
ing any  special  assessment. 

Election  to  be  made  in  writing.  Rate  of  interest.  Form  of  agreement. 
Records  of  assessment.  Improvement  bond.  Mistake  in  descrip- 
tion. 
§  4.  Such  election  shall  be  made  bv  such  owner  or  his  agent  there- 
unto duly  authorized  in  writing  filed  with  the  superintendent  of  streets, 
or  if  said  assessment  is  in  the  custody  of  the  city  tax  collector  with  such 
tax  collector,  an  affidavit  made  before  a  competent  officer  that  he  or 
his  principal,  as  the  case  may  be,  is  the  owner  of  the  lot  or  parcel  of 
land  in  question,  which  affidavit  must  be  accompanied  by  a  certificate 
of  a  searcher  of  records,  that  he  or  his  principal  is  such  owner  and  also 
by  filing  with  such  officer  a  written  agreement  upon  the  form  hereinafter 
fixed,  waiving  all  objections  of  whatsoever  kind  or  nature  agaiust  the 
assessment  and  all  proceedings  thereto  and  undertaking  to  pay  the 
amount  of  such  assessment  in  either  five  or  ten  annual  installments,  each 
of  which  shall  be  due  on  the  first  day  of  July  of  each  year,  and  the  first 


Act  390,  §  4  GENERAL    LAWS.  952 

of  which  shall  be  due  on  the  first  day  of  July  next  following  the  date 
of  such  bond,  with  interest  on  all  deferred  payments  at  the  rate  of  seven 
per  cent  per  annum,  payable  at  the  same  time  as  the  installments  of 
principal.  Said  agreement  shall  contain  a  provision  to  the  effect  that 
in  case  of  default  in  the  payment  of  any  installment  of  the  principal 
provided  for  therein,  or  interest  accrued  on  deferred  payments,  at  the 
time  called  for  by  said  agreement,  then  and  in  that  event,  the  entire 
remaining  unpaid  installments  shall  become  immediately  due  and  [lay- 
able,  and  that  the  same,  and  all  liens  and  agreements  which  are  security 
therefor,  may  be  collected  and  enforced  as  in  this  act  provided.  Said 
agreement  shall  be  in  the  following  or  substantially  the  following 
form   (filling  blanks): 

The  undersigned,  being  the  owner  of  the  lot  assessed  in  the  assess- 
ment for said  lot  being  assessed  therein  for  the  sum  of  ($ ) 

dollars,  does  hereby  expressly  waive  and  release  all  objections  of  what- 
soever kind  or  nature  against  the  said  assessment  and  all  proceedings 
prior  thereto,  and  in  consideration  of  the  benefit  of  said  improvement 
and  of  the  extension  of  time  for  paying  therefor  herein  requested,  do 
undertake    and    agree   to   pay   the    amount    of    said    assessment,    to   wit: 

the  sum  of ($ )  dollars  in  yearly  installments,  at  the  time, 

in   the    manner,    and    with    the    interest,   specified    and    provided    in    

(title  of  act),  and  do  request  and  elect  to  have  a  bond  issued  against  said 
lot  in  the  manner  and  form  and  with  the  eflfect  provided  in  said  act, 
and  do  expressly  agree  that  in  the  case  of  default  in  the  payment  of 
any  installment  of  the  principal  provided  for  in  said  bond,  or  interest 
accrued  on  deferred  payments,  then,  and  in  that  event,  that  the  entire 
remaining  unpaid  installments  shall  become  immediately  due  and  pay- 
able, and  that  the  same,  and  all  liens  and  agreements  which  are  security 
therefor,  may  be  collected  and  enforced  as  in   this  act   provided. 

Upon  an  election  being  effected  as  herein  provided  the  superintendent 
of  streets,  or  other  officer  having  in  his  custody  said  assessment,  shall 
make  a  note  thereof  in  his  records  opposite  the  assessment  as  to  which 
such  election  is  made.  All  agreements  and  affidavits  made  and  filed 
hereunder  shall  be  bound  in  a  substantial  book  and  kept  among  the 
records  of  the  superintendent  of  streets,  or  other  officer  having  the  cus- 
tody of  such  assessments.  At  the  time  of  delinquency,  such  officer  shall 
advise,  in  writing,  the  city  treasurer  respecting  the  assessments  as  to 
which  the  owners  have  elected  to  pay  in  installments.  The  city  treas- 
urer shall  thereupon  prepare  a  separate  bond  representing  each  assess- 
ment as  to  which  such  right  of  election  has  been  exercised,  running  for 
either  five  (5)  or  ten  (10)  years,  as  specified  in  the  agreement  made 
as  herein  provided,  which  bond  shall  be  in  the  foIlo\ving  or  substantially 
the  following  form   (filling  blanks): 


953  BONDS.  Act  390,  §  4 

Improvement  Bond. 

Series  

$  No.  

Under  and  by  virtue  of  and  pursuant  to  the  provisions  of  (title 

of  act),  I,  out  of  the  fund  for  the  above  designated  improvement  bonds, 
series  will  pay  to  bearer  the  sum  of  ($  )  dollars  with  in- 
terest at  the   rate  of  seven    (7)    per   cent   per  annum,   as   is   hereinafter 

specified,  at  the  oflSce  of  the  city  treasurer  of  the  city  of  ,  state  of 

California.     This  bond  is  issued  to  represent  an  assessment  for  in 

the  city  of  as  the  same  is  more  fully  described  in  the  assessment 

therefor.     Its  amount  is  the  amount  assessed  in  said  assessment  against 

the  lot  numbered  therein  and  in  the  diagram  attached  thereto,  and 

which  now  remains  unpaid;  but  until  paid,  with  accrued  interest,  is  a 
first  lien  ujjon  the  property  affected  thereby,  as  the  same  is  described 
herein  and  in  said  recorded  assessment  with  its  diagram,  to  w^t:  the  lot 

or  parcel  of  land  in  the  city  of ,  county  of  ,  state  of  California, 

described   as   follows: 


and  it  is  issued  in  accordance  with  the  written  request  therefor  on  file  in 
the  office  of  the  of  said  city. 

This  bond  is  payable  exclusively  from  said  fund,  and  neither  the  city 

of nor  any  officer  thereof  is  to  be  holden  otherwise  for  its  principal 

or  interest.     The  term  of  this  bond  is  years  from  .July  first,  19 — , 

and  at  the  expiration  of  said  time  the  whole  sum  then  unpaid  shall  be 
due  and  payable;  but  on  the  first  day  of  July  of  each  year,  after  the 
date  hereof,  an  even  annual  proportion  of  its  principal  is  due  and  pay- 
able upon  presentation  of  the  coupon  therefor,  until  the  whole  is  paid, 
with  accrued  interest  at  the  rate  of  seven  (7)  per  cent  per  annum. 

The  interest  is  payable  annually  on  the  first  day  of  July  in  each  year 
hereafter  upon  presentation  of  the  coupons  therefor,  the  first  of  which 
is  for  the  interest  from  date  to  the  first  day  of  July,  19 — ,  and  thereafter 
the  interest  coupons  are  for  the  annual  interest. 

Should  default  be  made  in  the  first,  or  any  succeeding  payment  of  the 
principal,  or  in  any  payment  of  interest,  by  the  owner  of  said  lot,  or 
anyone  in  his  behalf,  the  holder  of  this  bond  is  entitled  to  declare  the 
whole  unpaid  amount  to  be  due  and  payable,  and  shall  thereupon  have 
a  right  to  collect  the  same  and  to  enforce  all  liens  and  agreements  which 
are  security  therefor  as  in  said  act  provided. 

At  said  city  of  ,  this  day  of  ,  in  the  year  one  thousand 

nine  hundred  and  . 

■           > 
City  Treasurer  of  the  City  of  . 

Said  bonds  shall  be  payable  to  the  bearer  and  no  mistake  or  error  in 
the  description  in  the  bond  of  the  lot  assessed  shall  affect  the  validity 
or  lien  of  the  bond,  unless  the  mistake  or  error  is  such  that  the  lot  can- 


Act  390  §§5-9  GENERAL   LAWS.  954 

not  be  identified,  and  in  sueh  event  the  holder  of  such  bond  mav  have 
the  same  corrected  upon  application  to  the  city  treasurer  and  the  oflBcers 
or  board  who  or  which  made  the  assessment  to  rei)resent  which  such 
bond  is  issued. 

Records  of  bonds  issued. 

§  5.  The  city  treasurer  shall  enter  in  a  book  kept  for  that  purpose 
in  his  office,  a  record  of  each  bond  issued  hereunder,  specifying  the  date 
of  its  issue,  the  amount  for  which  issued,  to  whom  delivered,  its  dura- 
tion and  a  description  of  the  lot  against  which  issued.  Payments  of 
principal  and  interest  on  account  of  any  bond  issued  hereunder  shall  be 
made  to  the  city  treasurer,  who  shall  keep  a  separate  account  of  all  such 
payments  (entering  the  same  in  the  record  herein  required  to  be  kept), 
and  place  the  same  in  appropriate  funds  for  the  payment  of  principal 
and  interest  of  the  bonds  on  account  of  which  paid,  and  who  shall,  upon 
the  surrender  of  the  coupons  attached  to  said  bond,  pay  to  the  holder 
thereof,  or  his  order,  the  amount  called  for  by  said  coupons  out  of  the 
funds  in  his  possession  applicable  thereto. 

Validity  of  proceedings. 

§  6.  Improvement  bonds  issued  hereunder  shall  by  their  issuance  be 
conclusive  evidence  of  the  rcKularity  and  validity  of  all  proceedings 
thereto.  The  amount  due  upon  any  such  bond  shall  be  a  lieu  upon 
the  lot  described  in  such  bond  superior  to  all  other  liens,  charges,  and 
encumbrances  except  the  liens  of  prior  assessments  and  of  municipal, 
state  and  county  taxes. 

Sale  of  bonds.    Advertisement. 

§  7.  Improvement  bonds  or  any  number  of  such  bonds,  issued  here- 
under, except  as  otherwise  provided  in  section  9  hereof,  shall  be  sold  to 
the  highest  cash  bidder,  after  advertisement  for  bids,  which  advertise- 
ment shall  be  published  for  at  least  three  times  in  a  daily  newspaper 
published  and  circulated  in  said  city,  or  if  there  be  no  such  daily  news- 
paper, then  such  advertisement  shall  be  published  once  in  a  weekly  or 
semi-weekly  newspaper  so  published  and  circulated;  provided,  however, 
that  said  bonds  shall  not  be  sold  for,  less  than  jiar.  If  any  bond  be  sold 
for  an  amount  in  excess  of  par  sueh  excess  shall  be  paid"  into  the  gen- 
eral fund  of  the  city. 

Proceeds  of  sale. 

§  8.  The  proceeds  of  the  sale  of  such  improvement  bonds  shall  be 
paid  into  the  fund  of  the  proceeding  to  represent  assessments  in  which 
said  bonds  were  issued. 

City  may  advance  funds. 

§  9.  It  shall  be  competent  for  the  city  to  advance  to  the  appropriate 
fund  the  par  value  of  all  or  any  part  of  said  bonds,  in  which  case  said 
city  shall  have  the  same  rights  in   rcsnect  to  the   enforcement  and   col- 


955  BONDS.  Aet390,§§  10-12 

lection  theroof  as  other  puicliascis.  Where  the  city  advances  raonej'  as 
in  this  section  provided  it  shall  have  full  authority  at  any  time  to  sell 
said  bonds  to  reimburse  itself  therefor. 

Holder  of  bond  may  demand  sale  of  lot  when  payment  is  not  made. 

§  10.  Whenever,  through  the  default  of  t'ne  owner  of  any  lot  or  parcel 
of  land  u])on  which  such  bond  is  issued  to  represent  the  assessment,  pay- 
ment, either  of  the  principal  or  of  the  interest,  is  not  made  when  the 
same  has  become  due,  and  the  holder  of  the  bond  thereupon  demands,-  in 
writing,  that  the  city  treasurer  proceed  to  advertise  and  sell  said  lot  or 
parcel  of  land  as  herein  provided,  then  the  whole  bond  or  its  unpaid 
remainder,  with  its  accrued  interest,  as  expressed  in  said  bond,  shall  be- 
come due  and  payable  immediately,  and  on  the  day  following  shall 
become  delinquent. 

Procedure  of  sale.     Prior  to  sale  owner  may  pay  whole  amount  due. 

§  11.  Upon  the  application  of  the  holder  of  any  bond  that  is  now  or 
shall  hereafter  become  delinquent  as  hereinbefore  provided,  the  said  city 
treasurer  shall  publish  twice  in  a  newspaper  of  general  circulation,  to 
be  designated  by  him,  published  in  the  city  where  his  office  is  situated, 
a  notice  which  must  contain  the  date,  number,  and  series  of  the  delin- 
quent bond,  a  description  of  the  property  mentioned  in  said  bond,  and 
the  name  of  the  owner  of  such  property  (if  Tinown),  and  if  unknown, 
the  fact  shall  be  so  stated,  the  amount  due  thereon,  and  a  statement 
that  unless  the  amount  of  said  bond  and  the  interest  due  thereon,  to- 
gether with  the  cost  of  publication  of  such  notice  are  paid,  the  real 
property  described  in  said  bond  will  be  sold  at  public  auction  on  a  day 
to  be  therein  fixed,  which  shall  not  be  less  than  fifteen  nor  more  than 
thirty  daj'S  from  the  day  of  the  first  publication  of  said  notice,  and  the 
place  of  such  sale,  which  must  be  the  office  of  the  said  city  treasurer.  A 
like  notice  shall  not  less  than  fifteen  days  before  the  day  of  sale  so  fixed 
be  served  upon  any  such  owner  if  known  either  personally  or  by  deposit- 
ing the  same  in  the  postoffice  at  such  city  addressed  to  such  owner  at  his 
address  if  known  with  the  postage  thereon  prepaid.  At  any  time  prior 
to  the  sale,  the  ow^ner  or  person  in  possession  of  any  real  estate  offered 
for  sale  under  the  provisions  of  this  act  may  pay  the  whole  amount  of 
said  bond  then  due,  with  costs,  and  such  bond  shall  thereupon  be  can- 
celed; but  in  case  such  payment  is  not  made  by  such  owner  or  person  in 
possession,  or  by  someone  in  behalf  of  such  owner,  or  person  in  posses- 
sion, the  property  subject  thereto  shall  be  sold  at  public  auction  to  the 
bidder  offering  to  pay  the  amount  due  on  the  bond  with  costs  for  the 
least  portion  of  such  lot  or  parcel  of  land  offered  for  sale. 

Evidence  of  publication  of  notices. 

§  12.  The  citv  treasurer,  before  the  day  of  sale  hereinafter  provided 
for,  must  file  with  the  city  clerk  a  copy  of  the  publication,  with  an 
affidavit  of  the  publisher  o"f  such  newspaper,  or  someone  in  his  behalf, 
attached  thereto,  that  it  is  a  true  copy  of  the  same;  that  the  publication 


Act  390,  §§  13-18  GENERAL   LAWS.  956 

was  made  in  a  newspaper,  stating  its  name  and  place  of  publication  and 
tlie  date  of  each  appearance  in  which  such  publication  was  made,  which 
affidavit  is  prima  facie  evidence  of  all  the  facts  stated  therein. 

Costs  collected. 

§  13.  The  city  treasurer  must  collect,  in  addition  to  the  amount  due 
on  such  bond,  the  cost  of  the  publication  of  such  notice,  and  fifty  cents 
for  the  certificate  of  sale  delivered  to  the  purchaser  as  hereinafter  pro- 
vided. 

Record  of  certificates  of  sale  by  city  treasurer. 

§  14.  The  city  treasurer,  before  delivering  any  certificate  of  sale  must, 
in  a  book  kept  in  his  office  for  that  purpose,  enter  the  date,  number  and 
series  of  the  bond,  a  description  of  the  land  sold  correspondinji  with  the 
description  in  the  certificate,  the  date  of  sale,  purchaser's  name,  the 
amount  paid,  regularly  number  the  descriptions  on  the  margin  of  the 
book,  and  put  a  corresponding  number  on  each  certificate.  Such  book 
must  be  open  to  public  inspection  during  office  hours  when  not  in  actual 
use,  and  he  shall  enter  on  the  recor<l  of  the  bond  the  words  "canci'led  by 
sale  of  the  property,"  giving  the  date  of  such  sale. 

Purchaser's  lien. 

§  15.  Immediately  on  the  sale,  the  purchaser  shall  become  vested  with 
a  lien  on  the  property  so  sold  to  him,  to  the  extent  of  his  bid,  and  is  only 
devested  of  such  lien  by  the  ]iayment  to  the  city  treasurer  of  the  pur- 
chase money,  includiag  costs  herein  provided  for,  with  interest  thereon 
at  the  rate  of  one  per  cent  per  month  from  the  date  of  sale. 

Redemption  within  twelve  months. 

§  16.  A  redemption  of  the  property  sold  may  be  made  by  the  owner 
of  the  property,  or  any  party  in  interest,  within  twelve  months  from  the 
date  of  purchase,  or  at  any  time  prior  to  the  ajiplication  for  a  deed,  as 
hereinafter  provided.  Redemption  must  be  made  in  lawful  money  of 
the  United  States,  and  when  made  to  the  city  treasurer  he  must  cre<lit 
the  amount  paid  to  the  person  named  in  his  certificate,  and  pay  it  on 
demand  to  him  or  his  assignees. 

Record  of  certificates  of  sale  by  recorder. 

§  17.  On  receiving  the  certificate  of  sale,  the  recorder  must  file  it,  and 
make  an  entry  in  a  book  similar  to  that  required  of  the  city  treasurer, 
the  fee  for  which  shall  be  fifty  cents,  and  on  p-esentation  of  the  receipt 
of  the  city  treasurer  for  the  total  amount  of  the  redemption  money,  the 
recorder  must,  without  charge,  mark  the  word  "Redeemed,"  the  date,  and 
by  whom  redeemed,  on  the  margin  of  the  book  where  the  entry  of  the 
certificate  is  made. 

Deed  to  property  not  redeemed.     Notice  to  owner  thirty  days  prior  to 
application  for  deed.     Notice  posted  on  property. 
§  18.     If  the  property  is  not  redeemed  within  the  time  allowed  by  the 
provisions  of  section  16  hereof  for  its  redemption,  the  city  treasurer,  or 


957  BONDS.  Act  391 

his  successor  in  oflSce,  upon  application  of  the  purchaser,  or  his  assignee, 
must  make  to  said  purchaser,  or  his  assignee,  a  deed  to  the  property, 
reciting  in  the  deed,  substantially,  the  matter  contained  in  the  certificate 
and  that  no  person  has  redeemed  the  property  during  the  time  allowed 
for  its  redemption;  the  treasurer  shall  be  entitled  to  receive  from  the 
purchaser  two  dollars  for  making  said  deed,  which  shall  be  deposited  in 
the  city  treasury  for  the  use  of  the  city  after  payment  has  been  made 
therefrom  for  tlie  acknowledgment  of  said  deed;  provided,  however,  that 
the  ]mrchaspr  of  the  property,  or  his  assignee,  or  agent,  must,  thirty  days 
prior  to  the  expiration  of  the  time  of  the  redemption,  or  thirty  days 
before  his  application  for  a  deed,  serve  upon  the  owner  or  agent  of  the 
property  purchased,  if  named  in  such  certificate  of  sale,  and  upon  the 
party  occupying  the  property,  if  the  property  is  occupied,  a  written 
notice,  stating  that  said  property,  or  a  portion  thereof,  has  been  sold  to 
satisfy  the  bond  lien,  the  date  of  sale,  the  date,  number,  and  series  of 
the  bond,  the  amount  then  due,  and  the  time  when  the  right  of  redemp- 
tion will  expire,  or  when  the  purchaser  will  apply  for  a  deed,  and  the 
owner  of  the  property  shall  have  the  right  of  redemption  indefinitely, 
until  such  notice  shall  have  been  given  and  said  deed  applied,  for,  upon 
the  payment  of  the  fees,  penalties,  and  costs  in  this  act  required.  In  case 
of  unoccupied  property,  a  similar  notice  must  be  posted  in  a  conspicuous 
place  upon  the  property  at  least  thirty  days  before  the  purchaser  applies 
for  a  deed;  and  no  deed  to  the  property  sold,  in  accordance  with  the  pro- 
visions of  this  act,  shall  be  issued  by  the  city  treasurer  to  the  purchaser 
of  such  property,  until  such  purchaser  shall  have  filed  with  such  treasurer 
an  affidavit  showing  that  the  notice  hereinbefore  required  to  be  given 
has  been  given  as  herein  required,  which  said  aflSdavit  shall  be  filed  and 
preserved  by  the  said  treasurer  as  other  records  kept  by  him  in  his  office. 
Such  purchaser  shall  be  entitled  to  receive  the  sum  of  fifty  cents  for  his 
service  of  such  notice  and  the  making  of  such  affidavit,  which  sum  of 
fifty  cents  shall  be  paid  by  the  redemptioner  at  the  time  and  in  the  same 
manner  as  the  other  sums,  costs  and  fees  are  paid. 

Evidence  of  regularity  of  proceedings. 

§  19.  The  deed,  when  duly  acknowledged  or  proved,  shall  be  conclu- 
sive evidence  of  all  things  which  the  bond  upon  which  it  is  based  is  con- 
clusive evidence,  and  prima  felcie  evidence  of  the  regularity  of  all 
proceedings  subsequent  to  the  issue  of  the  bond,  and  conveys  to  the 
grantee  the  absolute  title  to  the  lands  described  therein,  free  of  all 
encumbrances,  except  the  lien  for  state,  county,  and  municipal  taxes. 

ACT  391. 

An  act  to  legalize  bonds  to  be  issued  and  sold  by  municipalities  where 
authority  for  such  issuance  has  already  been  given  by  a  vote  of  not 
less  than  two-thirds  of  the  electors  of  such  municipalities  voting 
upon  the  question  of  incurring  such  indebtedness. 

[Approved  March  21,  1911.     Stats.  1911,  p.  421.] 


Act  391a,  §  1  GENERAL  LAWS.  958 

Legalizing  bonds  issued  by  municipalities. 

§  1.  In  all  cases  where  the  legislative  branch  of  any  municipality  in 
the  state  of  California  has  deemed  it  necessary  to  incur  any  indebtedness 
in  excess  of  the  money  in  the  treasury  applicable  to  the  purpose  for  •whicU 
said  indebtedness  is  to  be  incurred,  and  has  called  a  special  election  for 
the  purpose  of  submitting  to  the  qualified  electors  of  such  municipality 
the  question  whether  the  indebtedness  specified  in  the  resolution  or 
ordinance  calling  such  election  shall  be  incurred,  and  where  at  such  elec- 
tion not  less  than  two-thirds  of  all  the  qualified  electors  voting  at  such 
election  shall  have  voted  in  favor  of  incurring  such  indebtedness,  ami 
such  legislative  branch  of  such  municipality  shall  have  passed  an  ordi- 
nance or  resolution  providing  for  the  mode  of  creating  such  indebtedncj^s 
and  of  pacing  the  same,  and  the  mode  of  creating  such  indebtedness  has 
been  by  the  proposed  issuance  of  the  bonds  of  such  municipality,  the 
power  of  such  municipality  to  issue  such  bonds  and  all  the  acts  and 
proceedings  of  such  municipalitj'  leading  up  to  and  including  the  issuauce 
and  sale  or  the  proposed  issuance  and  sale  of  such  bonds  are  hereby 
legalized,  ratified,  confirmed  and  declared  valid  to  all  intents  and  pur- 
poses; and  all  such  bonds,  sold  either  before  or  after  the  passage  of  this 
act  for  not  less  than  their  par  value  are  hereby  legalized  and  declared 
to  be  legal  and  valid  obligations  of  and  against  such  municipality  so 
issuing  and  selling  the  same,  and  the  faith  and  credit  of  such  municipal- 
ity is  hereby  pledged  for  the  prompt  payment  and  redemption  of  the 
principal  and  interest  of  such  bonds;  provided,  that  this  act  shall  not 
operate  to  legalize  any  bonds  of  anj*  municipality  that  have  not,  at  the 
time  of  the  passage  of  this  act,  been  authorized  by  the  votes  of  not  less 
than  two-thirds  of  the  qualified  electors  of  such  municipality  voting  at 
any  such  election,  or  any  bonds  which  have  been  sold  for  less  than  their 
par  value. 

§  2.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

See  post,  Act  391a. 

Citations.      Cal.  160/43.      App.   17/293. 

ACT  391a. 

An  act  to  validate  municipal  bonds. 
[Approved  February  2S,  1911.     Stats.   1911.  p.  95.] 

Validating  municipal  bonds. 

§  1.  Where,  in  ou}-  city,  city  and  county,  or  incorporated  town,  an 
election  has  beon  held,  in  accordance  with  the  laws  of  the  state,  and  the 
necessary  two-thirds  of  all  the  qualified  electors  voting  thereat  shall  have 
voted  in  favor  of  incurring  an  indebtedness  for  any  of  the  purposes  per- 
mitted by  law,  all  the  proceedings  leading  up  to  the  issuance,  and  the 
proposed  issuance,  of  bonds  for  any  such  purpose  are  hereby  legalized, 
ratified,  and  declared  valid  to  all  intents  and  purposes,  and  the  power  of 


959  BONDS.  Act  391b,  §  1 

the  municipal  corporation  to  issue  such  bonds  is  hereby  confirmed,  and 
all  bonds  sold  in  accordance  with  the  provisions  of  the  laws  of  this  state 
for  not  less  than  their  par  value  are  hereby  declared  to  be  legal  and  valid 
obligations  of  and  against  the  city,  city  and  county,  or  town  so  issuing 
them,  and  the  faith  and  credit  of  such  municipal  corporation  is  hereby 
pledged  for  the  prompt  payment  and  redemption  of  the  principal  and 
interest  of  such  bonds;  i)rovided,  this  act  shall  not  operate  to  legalize 
any  bonds  which  have  been  sold  for  less  than  their  par  value,  nor  any 
bonds  which  have  not,  at  the  time  of  the  passage  of  this  act,  been  author- 
ized by  not  less  than  two-thirds  of  the  qualified  electors  of  such  munici- 
pal corporation  voting  at  any  such  election. 

§  2.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

See  ante,  Act  391. 

ACT  391b. 

An  act  to  legalize  bonds  to  be  issued  and  sold  by  municipalities  where 
authority  for  such  issuance  has  already  been  given  by  the  vote  of 
not  less  than  two-thirds  of  the  electors  of  such  municipalities  voting 
upon  the  question   of  incurring  such  indebtedness. 

[Approved  May  29,  1913.     Stats.  1913,  p.  329.] 

Municipal  bond  issues  legalized. 

§  1.  In  all  cases  where  the  legislative  branch  of  any  municipality 
in  the  state  of  California  organized  under  an  act  of  the  legislature  of 
said  state,  entitled:  "An  act  to  provide  for  the  organization,  incorpo- 
ration and  government  of  municipal  corporations,"  approved  the  thir- 
teenth day  of  March,  1883,  has  deemed  it  necessary  to  incur  an  indebt- 
edness in  excess  of  the  money  in  the  treasury  applicable  to  the  purpose 
for  which  such  indebtedness  is  to  be  incurred  and  has  called  a  special 
election  of  the  qualified  electors  of  such  municipality  to  determine 
whether  such  indebtedness  as  specified  in  the  resolution  or  ordinance 
calling  such  election,  shall  be  incurred  and  where  at  such  election  not 
less  than  two-thirds  of  all  the  qualified  electors  voting  at  such  election 
shall  have  voted  in  favor  of  incurring  such  indebtedness,  and  such  legis- 
lative branch  of  such  municipality  shall  have  passed  an  ordinance  pro- 
viding for  the  mode  of  creating  such  indebtedness,  and  of  paying  the 
same,  and  the  mode  of  creating  such  indebtedness  has  been  by  the  pro- 
posed issuance  of  the  bonds  of  such  municipality,  all  the  proceedings 
of  such  municipality  leading  up  to  and  including  the  issuance  and  the 
proposed  issuance  of  such  bonds  are  hereby  legalized,  ratified,  confirmed 
and  declared  valid  to  all  intents  and  purposes.  And  all  such  bonds  sold 
either  before  or  after  the  passage  of  this  act  for  not  less  than  their 
par  value  are  hereby  legalized  and  declared  to  be  legal  and  valid  obli- 
gations of  and  against  such  municipality  so  issuing  and  selling  the  same; 
and   the   faith   and   credit    of   such'  municipality    is   hereby   pledged    for 


Act  391c,  §§  1,  2  GENERAL   LAWS.  960 

the  prompt  payment  and  redemption  of  the  principal  and  interest  of 
such  bonds;  provided,  that  this  act  shall  not  operate  to  legalize  any 
bonds  of  any  municipality  that  have  not  at  the  time  of  the  passage  of 
this  act  been  authorized  lay  the  votes  of  not  less  than  two-thirds  of  the 
qualified  electors  of  such  municipality,  voting  at  any  such  election,  or 
any  bonds  which  have  been  sold  for  less  than  their  par  value. 

ACT  391c. 

An  act  to  validate  municipal  bonds,  and  to  provide  for  the  levy  and  col 

lection  of  taxes  to  pay  the  principal  and  interest  on  such  bonds. 

[Approved  April  4,   1913.     Stats.   1913,  p.   14.] 

Municipal  bonds  validated. 

§  1.  Where  in  any  municipal  corporation,  proceedings  have  been 
taken  for  the  purpose  of  issuing  and  selling  bonds  of  such  municipal 
corporation,  for  any  purpose  or  purposes,  all  such  acts  and  proceedings 
leading  up  to  and  including  the  issuance  of  such  bonds,  if  they  have 
heretofore  been  sold,  and  all  such  acts  and  proceedings  heretofore  had. 
although  the  bonds  are  not  yet  sold,  are  hereby  legalized,  ratified,  con- 
firmed and  declared  validated  to  all  intents  and  purposes,  and  the  power 
of  said  municipal  corporation  and  of  the  legislative  body  thereof,  to 
issue  such  bonds,  is  hereby  ratified,  confirmed  and  declared,  and  the 
bonds  already  sold  are  declared  to  be,  and  the  bonds  hereafter  sold  shall 
be,  the  legal  and  binding  obligation  of  and  against  the  municipal  corpo- 
ration, having  heretofore  issued  or  hereafter  issuing  such  bonds,  and  the 
faith  and  credit  of  such  municipal  corporation  is  hereby  pledged  for  the 
prompt  payment  and  redemption  of  the  principal  and  interest  of  said 
bonds. 

Tax  levy  for  principal  and  interest. 

§  2.  The  legislative  branch  of  such  municipal  corporation  shall  at  the 
time  of  fixing  the  general  tax  levy  and  in  the  manner  for  such  general  tax 
levy  provided,  levy  and  collect  annually  each  year  until  said  bonds  are 
paid,  or  until  there  shall  be  a  sum  in  the  treasury  of  said  municipal  corpo- 
ration, set  apart  for  that  purpose  sufficient  to  'meet  all  sums  coming  due 
for  the  principal  and  interest  on  such  bonds  a  tax  sufficient  to  pay  the  an- 
nual interest  on  such  bonds  and  also  such  part  of  the  principal  thereof  as 
shall  become  due  before  the  time  for  fixing  the  next  general  tax  levy;  pro- 
vided, however,  that  if  the  maturity  of  the  indebtedness  created  by'thc  is- 
sue of  bonds  be  made  to  begin  more  than  one  year  after  the  date  of  tlie 
issuance  of  such  bonds,  such  tax  shall  be  levied  and  collected  at  the  time 
and  in  the  manner  aforesaid  annually  each  year,  suliicieut  to  pay  the 
interest  on  such  indebtedness  as  it  falls  due,  and  also  to  constitute  a 
sinking  fund  for  the  payment  of  the  principal  thereof  on  or  before  ma 
turity.  The  taxes  herein  required  to  be  levied  and  collected  shall  bt 
in  addition  to  all  other  taxes  levied  for  municipal  purposes  and  shall 
be  collected   at   the  time  and   in  the   same   manner   as  other   municipal 


961  BONDS.  Act391d,  §§  1-3 

taxes  are  collecteil  and  be  used  for  no  other  purpose  than  for  the  pay- 
ment of  said  bonds  and  the  accruing  interest  thereon. 

Not  to  legalize  bonds  sold  below  par. 

§  3.  This  act  shall  not  operate  to  legalize  any  bonds  which  have 
been  sold  for  less  than  par,  nor  to  legalize  any  bonds  the  issuance  of 
which  has  not  received  the  assent  of  two-thirds  of  the  qualified  electors 
of  such  municipal  corporation,  voting  at  an  election  held  for  the  pur- 
pose of  determining  whether  such  indebtedness  should  be  incurred,  nor 
to  legalize  any  bonds  which  mature  at  a  date  more  than  forty  years 
from  the  time  of  their  issuance. 

ACT  391d. 

An  act  to  provide  for  the  payment  of  municipal  bonds  before  maturity. 
[Approved  June  6,  1913.     Stats.  1913,  p.  397.] 

Payment  of  bonds  before  maturity. 

§  1.  The  legislative  body  of  any  municipality  of  this  state  propos- 
ing to  incur  indebtedness  by  the  issuance  of  bonds  may,  in  the  ordinance 
or  resolution  authorizing  the  issuance  of  such  bonds  and  prescribing 
the  manner  in  which  the  same  shall  be  payable,  also  provide  that  a 
certain  portion  of  such  bonds,  to  be  determined  and  specified  in  such 
ordinance  or  resolution,  will  be  paid  by  the  municipality  each  year  after 
the  incurring  of  such  bonded  indebtedness  and  prior  to  maturity  of  such 
portion  of  said  bonds,  at  the  option  of  the  holders  thereof,  subject,  how- 
ever, to  the  conditions  hereinafter  prescribed.  Such  advance  payment 
of  bonds  shall  be  in  addition  to  and  exclusive  of  the  payment,  at 
maturity,  of  bonds  of  the  same  issue. 

Determination  of  bonds  to  be  paid. 

§  2.  The  legislative  body  of  the  municipality  shall,  in  the  ordinance 
or  resolution  wherein  provision  is  made  for  the  payment,  prior  to  matur- 
ity, of  bonds  of  such  municipality,  also  prescribe  the  method  or  proce- 
dure for  determining  the  particular  bonds  to  be  so  paid,  and  the  manner 
in  which  the  same  shall  be  so  payable,  and  also  fix  the  amount  to  be 
paid  by  the  municipality  in  lieu  of  interest  on  such  bonds  accrued  but 
not  due  at  the  time  of  the  payment  of  the  bonds,  which  amount  shall 
not  exceed  the  amount  of  such  accrued  interest. 

Tax  to  meet  such  payment. 

§  3.  In  case  provision  shall  be  made  for  the  payment  of  bonds  of 
a  municipality  in  advance  of  the  maturity  thereof,  as  hereinabove  pre- 
scribed, such  municipality,  through  its  proper  officers,  shall  levy  and 
collect  each  year,  until  all  such  bonds  are  paid,  or  until  there  shall  be  a 
sum  in  the  treasury  of  such  municipality,  set  apart  for  that  purpose,  to 
meet  all  sums  due  or  to  become  due  on  the  principal  of  such  bonds,  a 
tax  which,  with  any  other  funds  in  such  treasury,  set  apart  for  the  pur- 

61 

/ 


Acts  391e,  391f  general  laws.  962 

pose,  shall  be  sufficient  to  pay  the  portion  of  such  bonds  which  may  be- 
come payable,  under  the  terms  of  the  ordinance  or  resolution  aforesaid, 
before  the  maturity  thereof  and  prior  to  the  time  for  fixing  the  next 
general  tax  levy.  The  taxes  herein  required  to  be  levied  and  collected 
shall  be  in  addition  to  all  other  taxes  levied  and  collected  for  municipal 
purposes  and  for  meeting  payments  on  the  principal  and  interest  of  such 
bonded  indebtedness  as  they  fall  due,  and  shall  be  levied  and  collected  at 
the  time  and  in  the  same  manner  as  other  municipal  taxes  are  levied  and 
collected,  and  be  used  for  the  purpose  of  paying  bonds  i>rior  to  the 
maturity    thereof,  as  hereinabove  provided,  and  for  no  other  purpose. 

From  what  fund  payable. 

§  4.  The  amount  fixed  by  such  legislative  body  to  be  paid  in  lieu  of 
interest,  accrued  but  not  due,  on  bonds,  as  provided  in  section  2  of  this 
act,  shall  be  paid  by  the  municipality  out  of  the  fund  provided  in  its 
treasury  for  meeting  sums  coming  due  for  interest  on  such  bonds,  and, 
at  the  time  of  the  payment  of  such  bonds,  said  amount,  together  with 
all  interest  due  and  unpaid  thereon,  shall  be  paid  by  the  municipality 
upon  presentation  and  surrender  of  all  outstanding  coupons  for  interest 
on  such  bonds. 

ACT  391e. 

An   act   authorizing   counties,   cities   and   counties   and    municipalities   to 
levy  a  tax  necessary  to  pay  principal  and  interest  on  bonds  autlior- 
ized  and  unsold  at  the  time  the  annual  tax  levy  is  made. 
[Approved  June  4,  1913.     Stats.   1913,  p.  446.] 

Tax  levy  for  interest  on  unsold  bonds. 

§  1.  The  legislative  body  of  any  county,  city  and  count}'  or  munici- 
pal corporation,  at  the  time  of  the  fixing  of  the  annual  tax  levy  shall 
estimate  the  amount  of  money  required  to  meet  the  payment  of  the  princi- 
pal and  interest  on  any  bonds  the  issuance  of  which  may  have  been 
authorized  by  the  electors,  and  which  have  not  been  sold  but  which  in 
the  judgment  of  the  legislative  body  will  be  sold  prior  to  the  making  of 
the  next  subsequent  tax  levy,  and  may  levy  a  tax  sufficient  to  raise  the 
money  to  pay  the  principal  and  interest  so  estimated.  In  case  any  bonds 
are  declared  invalid-  or  for  any  reason  are  not  issued,  any  tax  levied  as 
herein  provided  shall  be  refunded. 

ACT  391f. 

An  act  to  provide  for  the  registration  of  bonds  issued  bv  the  state  of 

California,  or  any  county,  city  and  county,  municipal  corporation,  or 

other  public  corporation. 

[Approved  April  14,  1913.     Stats.   1913,  p.  23.] 

Registration  of  bonds.     Transfer  of  bonds.     Statement. 

§  1.  Whenever  the  owner  of  any  coupon  bond,  or  of  anv  bond  par- 
able to  bearer,  already  issued  or  hereafter  issued  by  the  state  of  Caii 


963  BONDS.  Act  391f,  §§  2, 3 

fornia,  or  any  county,  city  and  county,  municipal  corporation,  or  other 
public  corporation,  now  or  liereafter  existing  in  this  state,  shall  present 
any  such  bond  to  the  treasurer  or  other  officer  of  such  corporation,  who 
by  law  performs  the  duties  of  treasurer,  with  a  request  for  the  con- 
version of  such  bond  into  a  registered  bond,  such  treasurer,  or  such  other 
officer,  shall  cut  off  and  cancel  the  coupons  of  any  such  coupon  bond  so 
presented,  and  shall  stamp,  print,  or  write  upon  such  coupon  bond,  or 
such  other  bond  payable  to  bearer,  so  presented,  either  upon  the  back  or 
upon  the  face  thereof,  as  may  be  convenient,  a  statement  to  the  effect 
that  the  said  bond  is  registered  in  the  name  of  the  owner,  and  that  there- 
after the  interest  and  principal  of  said  bond  are  payable  to  the  registered 
owner.  Thereafter,  and  from  time  to  time  any  such  bond  may  be  trans- 
ferred by  such  registered  owner  in  person,  or  by  attorney  duly  author- 
ized on  presentation  of  such  bond  to  such  treasurer,  or  such  other  officer, 
and  the  bond  be  again  registered  as  before,  a  similar  statement  being 
stamped,  printed  or  written  upon  any  such  bond  may  be  in  substantially 
the  following  form: 

(Date,  giving  month,  year,  and  day.) 
This  bond  is  registered  pursuant  to  the  statute  in  such  cases  made  and 
provided  in  the  name  of   (Here  insert  name  of  owner)   and  the  interest 
and  principal  thereof  are  hereafter  payable  to  such  owner. 

Treasurer  (or  such  other  officer.) 
After  any  bond  shall  have  been  registered  as  aforesaid,  the  principal 
and  interest  of  such  bond  shall  be  payable  to  the  registered  owner.  Such 
treasurer,  or  such  other  officer,  shall  keep  in  his  office  a  book  or  books 
which  shall  at  all  times  show  what  bonds  are  registered  and  in  whose 
names  respectively. 

Act  applicable  to  all  issues. 

§  2.  Whenever  under  any  statute  of  this  state  or  any  charter  of  any 
municipal  corporation  in  this  state,  any  bonds  are  issued,  whether  the  pro- 
ceedings for  the  issuance  of  such  bonds  have  been  had  in  whole  or  in  part 
prior  to  the  enactment  of  this  statute,  or  whether  the  same  have  been 
had  in  whole  or  in  part  after  the  enactment  of  this  statute,  such  bonds 
may  be  issued  either  in  the  form  of  coupon  bonds,  or  in  the  form  of 
registered  bonds,  or  some  in  the  form  of  coupon  bonds,  and  some  in  the 
form  of  registered  bonds,  as  has  been  or  hereafter  may  be. provided  in 
the  proceedings  for  the  issuance  of  such  bonds  and  notwithstanding  any 
language  or  provision  to  the  contrary  contained  in  any  such  statute  or 
charter  authorizing  the  issuance  of  the  bonds,  or  in  any  other  law  of  the 
state.  The  provisions  of  section  1  of  this  act  shall  apply  to  coupon 
bonds  so  issued,  as  well  as  to  other  coupon  bonds,  or  other  bonds  pay- 
able to  bearer. 

Fee  of  registering. 

§  3.  The  state  treasurer  or  other  treasurer  or  official  performing  the 
duties  of  treasurer  shall  be  entitled  for  so  registering  a  bond  or  bonds 


Act  391g,  §§  1,  2  GENERAL   LAWS.  964 

to  charge  and  collect  a  fee  of  fifty  cents  for  every  one  thoneand  dollars  of 
tlie  par  value  thereof  for  the  purposes  of  providing  the  additional  supplies 
and  clerical  help  necessary  in  complying  with  this  act. 

ACT  391g. 

An  act  authorizing  the  state  treasurer,  upon  the  approval  of  the  governor 
and  the  board  of  control,  to  enter  into  agreements  to  pay  commis- 
sions on  the  sale  of  certain  bonds  of  the  state  of  California,  appro- 
priating money  for  such  purpose  and  providing  for  the  transfer  of 
money  from  the  San  Francisco  harbor  improvement  fund  to  the 
general  fund  of  the  state  treasury. 

[Approved  June  16,  1913.     Stats.  1913,  p.  1155.] 

Commissions,  sale  of  harbor  bonds.     Not  greater  than  ten  per  cent. 

§  1.  The  state  treasurer,  upon  the  approval  of  the  governor  and  the 
board  of  control,  is  hereby  authorized  to  enter  into  .Tgreemcnta  to  pay 
commissions  for  services  rendered  in  the  procuring  of  bids  for  all  or  any 
portion  or  portions  of  the  state  bonds  issued  under  the  provisions  of  an 
act  entitled,  "An  act  to  provide  for  the  issuance  and  sale  of  state  bonds 
to  create  a  fund  for  the  improvement  of  San  Francisco  harbor  by  the 
construction  by  the  board  of  state  harbor  commissioners  of  wharves, 
piers,  state  railroad,  spurs,  betterments  and  appurtenances  and  necessary 
dredging  and  filling  in  connection  therewith  in  the  city  and  county  of  San 
Francisco;  to  create  a  sinking  fund  for  the  payment  of  said  bonds;  to  de- 
fine the  duties  of  state  officers  in  relation  thereto;  to  make  an  appropria- 
tion of  five  thousand  dollars  for  the  expense  of  printing  said  bomls;  and 
to  provide  for  the  submission  of  this  act  to  a  vote  of  the  people,"  ap- 
proved March  20,  1909. 

No  agreement  shall  be  entered  into  by  the  state  treasurer  to  pay  a 
greater  commission  than  ten  per  cent  of  the  par  value  of  the  bonds  sold, 
and  no  commission  shall  be  paid  for  services  rendered  except  to  one  who 
has  procured  and  effected  the  sale  and  not  until  the  money  from  the  sale 
of  such  bonds  has  been  paid  into  the  state  treasury. 

Appropriation. 

§  2.  There  is  hereby  appropriated  out  of  any  money  in  the  state 
treasury  not  otherwise  appropriated  the  sum  of  five  hundred  thousand 
dollars  to  be  used  for  the  purposes  of  this  act;  provided,  that  when  any 
money  herein  appropriated  is  used  to  pay  a  commission  on  the  sale  of 
such  bonds,  a  like  amount  of  money  shall  be  transferred  from  the  San 
Francisco  harbor  improvement  fund  to  the  general  fund  of  the  state 
treasury  within  five  years  from  the  date  of  payment  of  said  commission, 
and  the  state  treasurer  and  state  controller  are  hereby  authorized  and 
directed  to  complete  such  transfer  in  equal  yearly  installments,  the  first 
of  such  installments  being  payable  one  year  from  the  date  of  payment  of 
such  commission  and  so  on  until  all  the  installments  are  paid. 


9G5  BONDS.  Act  391  h,  §  1 

Extra  collections  authorized. 

§  3.  The  board  of  state  harbor  commissioners  arc  Tiereby  authorized 
and  directed  by  the  collection  of  dockage,  tolls,  rents  and  cranage,  to 
collect  a  sum  of  money  sufficient  for  the  purposes  of  this  act,  over 
and  above  the  amount  limited  by  section  2526  of  the  Political  Code  of 
the  state  of  California. 

ACT  39111. 

An  act  to  provide  for  the  issuance  and  sale  of  state  bonds  to  be  known 
as  "state  building  bonds,"  to  provide  a  fund  for  the  erection  and 
equipment  of  state  buildings  in  the  city  of  Sacramento  for  state  pur- 
poses, creating  a  commission  to  determine  the  amount  to  be  ex- 
pended for  furnishing  and  equipping  said  buildings  and  accepting 
a  suitable  site,  creating  a  sinking  and  interest  fund  vfor  the  payment 
of  interest  on  said  bonds  and  the  redemption  of  the  same,  making 
an  appropriation  therefor,  making  an  appropriation  of  five  thousand 
dollars  for  the  expenses  of  printing  and  lithographing  said  bonds 
and  providing  for  the  submission  of  this  act  to  a  vote  of  the  people. 
[Approved  June  5,  1913.     Stats.  1913,  p.  389.] 

Bonds  for  state  buildings.  Three  million  dollars.  Interest.  Run  fifty 
years.  How  signed. 
§  1.  For  the  purpose  of  creating  and  providing  a  fund  for  the  in- 
debtedness hereby  authorized  to  be  incurred,  as  hereinafter  provided,  the 
state  treasurer  shall  immediately  after  the  issuance  of  the  proclamation 
of  the  governor,  provided  for  in  section  10  hereof,  prepare  six  thousand 
suitable  bonds  of  the  state  of  California,  in  the  denomination  of  five 
hundred  dollars  each.  The  whole  issue  of  said  bonds  shall  not  exceed 
the  sum  of  three  million  dollars  and  said  bonds  shall  bear  interest  at  the 
rate  of  four  per  centum  per  annum  from  the  date  of  issuance  thereof,  and 
both  principal  and  iuterest  shall  be  payable  in  gold  coin  of  the  present 
standard  value,  and  they  shall  be  payable  at  the  office  of  the  state  treas- 
urer, at  the  expiration  of  fifty  years  from  their  date.  Said  bonds  shall 
bear  date  the  second  day  of  July,  1915,  and  shall  be  payable  on  the  second 
day  of  July,  1965.  The  interest  accruing  on  such  of  said  bonds  as  are 
sold  shall  be  due  and  payable  at  the  office  of  the  state  treasurer  on  the 
second  day  of  January  and  on  the  second  day  of  July  of  each  year  after 
the  sale  of  the  same.  At  the  expiration  of  fifty  years  from  the  date  of 
said  bonds  ail  bonds  sold  shall  cease  to  bear  interest,  and  the  state  treas- 
urer shall  call  in,  forthwith  pay  and  cancel  the  same  out  of  the  moneys  in 
the  sinking  and  interest  fund  provided  for  in  this  act.  All  bonds  issued 
shall  be  signed  by  the  governor,  and  countersigned  by  the  controller,  and 
shall  be  indorsed  by  the  state  treasurer,  and  the  said  bonds  shall  be  so 
signed,  countersigned,  and  indorsed  by  the  officers  who  are  in  office  on  the 
second  day  of  July,  1915,  and  each  of  said  bonds  shall  have  the  seal  of 
the  state  impressed  thereon.  The  said  bonds  signed,  countersigned,  in- 
dorsed and  sealed  as  herein  provided  when  sold  shall  be  and  constitute 


Aet391h,  §§  2-4  general  laws.  966 

a  valid  and  binding  obligation  upon  the  state  of  California,  though  the 
sale  thereof  be  made  at  a  date  or  dates  after  the  person  signing,  counter- 
signing and  indorsing,  or  any  or  either  of  them,  shall  have  ceased  to  be 
the  incumbents  of  such  office  or  offices. 

Interest  coupons.     Accrued  interest  not  paid  to  purcliaser. 

§  2.  Interest  coupons  shall  be  attached  to  each  of  said  bonds,  so 
that  such  coupons  may  be  removed  without  injury  to  or  mutilation  of  the 
bond.  Said  bonds  shall  be  consecutively  numbered,  and  shall  bear  the 
lithographed  signature  of  the  state  treasurer  who  shall  be  in  office  on 
the  second  day  of  July,  1915.  But  no  interest  on  any  of  said  bonds  shall 
be  paid  for  any  time  which  may  intervene  between  the  date  of  any  of 
said  bonds  and  the  issue  and  sale  thereof  to  a  purchaser,  unless  such 
accrued  interest  shall  have  been,  by  the  purchaser  of  said  bond,  paid  to 
the  state  at  the  time  of  such  sale. 

Appropriation. 

§  3.  The  sum  of  five  thousand  dollars  is  hereby  appropriated  out  of 
any  moneys  in  the  state  treasury  not  otherwise  appropriated  to  pay  the 
expenses  that  may  be  incurred  by  the  state  treasurer  in  having  said 
bonds  prepared. 

Sale  of  bonds.  Published  notice.  Further  notice.  "State  buildings 
fund." 
§  4.  When  the  bonds  authorized  to  be  issued  under  this  act  shall 
be  duly  executed,  they  shall  be  sold  by  the  state  treasurer  at  public 
auction  to  the  highest  bidder  for  cash  in  such  parcels  and  numbers  as 
shall  be  directed  by  the  governor  of  the  state;  but  the  state  treasurer 
must  reject  any  and  all  bids  for  said  bonds,  or  for  any  of  them,  which 
shall  be  below  the  par  value  of  said  bonds  so  offered  plus  the  interest 
which  has  accrued  thereon  between  the  date  of  sale  and  the  last  preced- 
ing interest  maturity  date  and  he  may,  by  public  announcement,  at  the 
place  and  time  fixed  for  the  sale,  continue  such  sale,  as  to  the  whole  of 
the  bonds  offered,  or  any  part  thereof  offered,  to  such  time  and  place  as 
he  may  select.  When  a  sale  is  continued,  as  hereinabove  provided,  no 
notice  need  be  given  other  than  the  public  announcement  of  the  con- 
tinuance, as  hereinabove  provided.  Before  offering  any  of  said  bonds  for 
sale,  the  said  treasurer  shall  detach  therefrom  all  coupons  which  have 
matured  before  the  date  fixed  for  such  sale.  Due  notice  of  the  time  and 
place  of  sale  of  all  bonds  must  be  given  by  said  treasurer  by  publication 
in  one  newspaper  published  in  the  cit}-  and  county  of  San  Francisco,  and 
also  by  publication  in  one  newspaper  published  in  the  city  of  Oakland, 
and  by  publication  in  one  newspaper  published  in  the  city  of  Los  Angeles, 
and  by  publication  in  one  newspaper  published  in  the  city  of  Sacramento, 
once  a  week  during  four  weeks  prior  to  such  sale.  In  addition  to  the 
notice  last  above  provided  for  the  state  treasurer  must  give  such  further 
notice  as  he  may  deem  advisable,  but  the  expenses  and  costs  of  such  ad- 


967  BONDS.  Act391hJ§5, 6 

ditional  notice  shall  not  exceed  five  hundred  dollars  for  each  sale  so 
advertised.  The  costs  of  such  publications  shall  be  paid  out  of  any 
moneys  in  the  state  treasury  not  otherwise  api)ropriated  ou  controller's 
■warrants  duly  drawn  for  such  purpose.  The  proceeils  of  the  sale  of  such 
bonds,  excojit  such  amount  as  may  have  been  paid  as  accrued  interest 
thereon,  shall  be  forthwith  paid  over  by  said  treasurer  into  the  state 
treasury,  and  must  be  by  him  kept  in  a  separate  fund,  to  be  known  and 
designated  as  the  "state  buildings  fund"  which  fund  is  hereby  established. 
Any  and  all  sums  which  may  have  been  paid  as  accrued  interest  shall  be 
forthwith  paid  over  by  said  treasurer  into  the  state  treasury,  and  must 
be  by  him  kept  in  a  separate  fund  to  be  known  and  designated  as  the 
"state  buildings  sinking  and  interest  fund,"  which  fund  is  hereby  es- 
tablished. 

To  construct  state  buildings  in  Sacramento.     Board.     Site  to  be  donated. 

§  5.  Any  and  all  moneys  derived  from  the  sale  of  the  bonds  provided 
for  in  this  act  are  hereby  appropriated  and  shall  be  used  exclusively  for 
the  following  purpose  to  wit: 

The  constructing  and  equipping  of  state  buildings  in  the  city  of  Sacra- 
mento, state  of  California,  for  the  various  officers,  boards  and  commissions 
of  the  state,  at  a  cost  not  to  exceed  the  total  sum  of  three  million 
dollars,  such  portion  of  said  sum  of  three  million  dollars  to  be  used  for 
the  furnishing  and  equipping  of  said  state  buildings  as  may  be  deter- 
mined by  a  board  consisting  of  the  governor,  the  presiding  justice  of  the 
supreme  court,  and  the  state  librarian,  which  board  for  such  purpose  is 
hereby  created;  provided,  however,  that  no  moneys  provided  for  by  this 
act  shall  be  used  for  such  purpose  until  a  site  suitable  for  such  purpose, 
and  acceptable  to  the  state  board  last  above  created,  shall  be  donated  or 
given  to  the  state,  the  title  thereto  to  be  free  and  clear  of  all  liens  and 
encumbrances;  the  number  of  buildings  and  their  location  on  the  lands 
to  be  donated  shall  be  determined  by  said  board  in  this  subdivision  of 
this  section  mentioned;  the  plans  and  specifications  for  said  buildings, 
and  each  of  the  same,  shall  be  prepared  under  the  direction  and  control 
of  said  board  in  this  subdivision  of  this  section  provided  for. 

Annual   interest   appropriation.     Annual   principal    appropriation.     State 
revenue  to  be  collected.     Semi-annual  transfer  of  funds.     Investment 
of  funds.     Payment  of  principal  and  interest.     Annual  report  of  con- 
troller and  treasurer. 
§  6.     There   is   hereby   appropriated   out   of   any   moneys   in   the   state 
treasury  not  otherwise  appropriated,  the  sum  of  fifty  thousand  (50,000) 
dollars  annually,  to  pay  the  principal  of  the  bonds  issued  and  sold  pur- 
suant to  the  provisions  of  this  act.     Said  annual  appropriation  to  con- 
tinue until  the  same,  together  with  the  accrued  interest  on  the  invest- 
ment thereof,  shall  be  sufficient  to  pay  the  principal  of  said  bonds  at  the 
maturity  thereof. 

There  is  also  hereby  appropriated  from  any  moneys  in  the  state 
treasurj'    not    otherwise    appropriated    such    sum    annually    as    will    be 


Act  3911l,  §  7  GENERAL   LAWS.  968 

necessary  to  pay  the  interest  on  the  bonds  issued  and  sold  pursuant  to 
the  provisions  of  this  act. 

There  shall  be  collected  annually  in  the  same  manner  and  at  the  same 
time  as  other  state  revenue  is  collected  such  a  sum,  in  addition  to  the 
other  revenues  of  the  state,  as  shall  be  required  to  pay  the  principal  and 
interest  on  said  bonds  as  herein  provided  and  it  is  hereby  made  the  duty 
of  all  officers  charged  by  law  with  any  duty  in  regard  to  the  collection  of 
said  revenue  to  do  and  perform  each  and  every  act  which  shall  be 
necessary  to  collect  such  additional  sum. 

On  the  2d  day  of  January  and  on  the  2d  day  of  July  of  each  year, 
after  the  sale  of  any  bonds  as  herein  provided  for,  the  state  treasurer 
and  state  controller  shall  transfer  from  the  moneys  hereby  appropriated 
to  the  state  buildings  sinking  and  interest  fund,  a  sufficient  sum  of  money 
to  pay  all  interest  due  and  payable  on  any  bonds  sold  and  said  transfer 
shall  continue  to  be  so  made  up  to  the  date  of  maturity  of  such  bonds 
and  it  shall  be  the  duty  of  the  state  treasurer  to  pay  the  same  when  the 
same  falls  due.  On  the  first  Monday  in  July  of  each  year,  after  the  sale 
of  any  of  the  bonds  as  in  this  act  provided  the  state  controller  and  state 
treasurer  are  hereby  authorized  and  directed  to  transfer  the  moneys 
hereby  appropriated  for  the  payment  of  the  principal  of  said  bonds  to  the 
said  state  buildings  sinking  and  interest  fund.  The  moneys  so  trans- 
ferred to  the  said  state  buildings  sinking  and  interest  fund  fur  the  pay- 
ment of  the  principal  of  said  bonds,  shall  be  invested  from  time  to  time 
by  the  state  treasurer  in  United  States  or  state  bonds.  All  interest  pay- 
able on  such  bonds  so  invested  shall  be  paid  into  the  said  state  buildings 
sinking  and  interest  fund  and  be  applied  and  held  for  the  payment  of  the 
principal  of  said  bonds  or  reinvested  in  other  bonds  for  the  payment  of 
such  principal,  as  herein  provided. 

The  principal  of  all  of  said  bonds  sold  shall  be  paid  at  the  time  the 
same  becomes  due,  from  the  "state  buildings  sinking  and  interest  fund" 
and  the  interest  on  all  bonds  sold  shall  be  paid  at  the  time  said  interest 
becomes  due  from  said  fund  and  the  faith  of  the  state  of  California  is 
hereby  pledged  for  the  payment  of  the  principal  of  said  bonds  so  sold 
and  the  interest  accruing  thereon. 

The  state  controller  and  the  state  treasurer  shall  keep  full  and  partic- 
ular account  and  record  of  all  their  proceedings  under  this  act,  and  they 
shall  transmit  to  the  governor  an  abstract  of  all  such  proceedings  there- 
under, with  an  annual  report,  to  be  by  the  governor  laid  before  the  legis- 
lature biennially;  and  all  books  and  papers  pertaining  to  the  matter  pro- 
vided for  in  this  act  shall  at  all  times  be  open  to  the  inspection  of  any 
party  interested,  or  the  governor,  or  the  attorney  general,  or  a  com- 
mittee of  either  branch  of  the  legislature,  or  a  joint  committee  of  both, 
or  any  citizen  of  the  state. 

Redeemed  bonds  destroyed, 

§  7.  When  the  bonds  provided  for  by  this  act  are  redeemed,  the  state 
treasurer  shall  mark  the  same  canceled,  and  shall,  in  the  presence  of  the 
governor  destroy  the  same  by  burning  the  said  bonds. 


969  BONDS.  Act  391i,  §  1 

In  effect  December  31,  1914. 

§  8.  This  act,  if  adopted  by  the  people,  shall  take  effect,  on  the 
thirty-first  day  of  December,  1914,  as  to  all  its  provisions  excepting  those 
relating  to  and  necessary  for  its  submission  to  the  people,  and  for  re- 
turning, canvassing  and  proclaiming  the  votes,  and  as  to  said  excepted 
provisions  this  act  shall  go  into  effect  ninety  days  after  the  final  ad- 
journment of  the  session  of  the  legislature  passing  the  same. 

Submitted  to  people.     Ballots. 

§  9.  This  act  shall  be  submitted  to  the  people  of  the  state  of  Cali- 
fornia for  their  ratification  at  the  next  general  election  to  be  holden  in 
the  month  of  November,  nineteen  hundred  and  fourteen,  and  all  ballots 
at  said  election  shall  have  printed  thereon  the  words  "For  the  state's 
building  bonds"  and  such  other  designation  as  may  be  necessary  to 
properly  identify  this  act.  In  a  square  immediately  below  the  square 
containing  said  words  there  shall  be  printed  on  said  ballot  the  words 
"Against  the  state  buildings  bonds."  Opposite  the  words  "For  the  state 
buiklings  bands"  and  "Against  the  state  buildings  bonds,"  there  shall 
be  left  spaces  in  which  voters  may  make  or  stamp  a  cross  to  indicate 
whether  they  vote  for  or  against  this  act,  and  those  voting  for  said  act 
shall  do  so  by  placing  a  cross  opposite  the  words  "For  the  state  build- 
ings bonds"  and  those  voting  against  said  act  shall  do  so  by  placing  a 
cross  opposite  the  words  "Against  the  state  buildings  bonds."  The  gover- 
nor of  this  state  shall  include  the  submission  of  this  act  to  the  people  as 
aforesaid,  in  his  proclamation  calling  for  said  general  election. 

Canvass  of  votes. 

§  10.  The  votes  cast  for  or  against  this  act  shall  be  counted,  re- 
turned and  canvassed  and  declared  in  the  same  manner  and  subject  %o 
the  same  rule  as  votes  cast  for  state  officers;  and  if  it  appear  that  said 
act  shall  have  received  a  majority  of  all  the  votes  cast  for  and  against 
it  at  said  election  as  aforesaid,  then  the  same  shall  have  effect  as  here- 
inbefore provided,  and  shall  be  irrepealable  until  the  principal  and  inter- 
est of  the  liabilities  herein  created  shall  be  paid  and  discharged,  and 
the  governor  shall  make  proclamation  thereof;  but  if  the  majority  of 
the  votes  cast  aforesaid  are  against  this  act  then  the  same  shall  be 
and  become  void. 

ACT  3911. 

An  act  to  provide  for  the  establishment  of  a  fiscal  agency  for  the  state 
of  California  in  the  city  of  New  York,  in  the  state  of  New  York,  and 
prescribing  the  duties  of  such  fiscal  agency  and  the  duties  of  the 
public  officers  in  relation  thereto. 

[Approved  June   6,   1913.     Stats.   1913,   p.   675.     In   effect   immediately.] 

Designation  of  fiscal  agency  In  New  York  city. 

§  1.  The  governor  of  the  state  of  California  is,  upon  the  recommenda- 
tion of  the  state  treasurer,  authorized  to  designate  some  well  known  and 


Act391i,  §§  2-4  GENERAL  LAWS.  970 

responsible  banking  firm  or  association  in  the  city  of  New  York,  or  some 
well  known  and  responsible  incorporated  banking  institution  in  the  city 
of  New  York  in  the  state  of  New  York,  having  a  paid-up  capital  and 
surplus  of  not  less  than  one  million  dollars  ($1,000,OClP)  as  the  fiscal 
agency  for  the  paj^ment  of  bonds  and  coupons  issued  by  the  state  of 
California.  Such  banking  firm  or  association,  or  incorporated  banking 
institution  designated  by  the  governor  as  the  fiscal  agency  under  the 
terms  of  this  act,  shall  thereafter  continue  to  be  the  said  fiscal  agency 
until  the  like  designation  of  another  banking  firm,  association  or  in- 
corporated institution  as  such  fiscal  agency.  Any  banking  firm  or  associa- 
tion, or  incorporated  banking  institution  so  designated  as  such  fiscal 
agency,  may  be  required  by  the  state  treasurer,  at  his  discretion,  and 
subject  to  the  ai)proval  of  the  governor,  to  execute  a  bond  or  bonds,  to 
the  state  of  California,  conditioned  for  the  faithful  performance  of  its 
duties  as  such  fiscal  agency,  in  such  amount  or  amounts  as  may  from 
time  to  time  be  fixed  by  the  state  treasurer  with  the  approval  of  the 
governor. 

Bonds  payable  at  agency. 

§  2.  Any  and  all  bonds  and  coupons  heretofore  issued  by  the  state 
of  California,  or  hereafter  to  be  issued,  which  by  their  terms  are  made 
payable  at  the  office  of  the  state  treasurer,  without  further  designation 
of  a  place  of  payment,  shall  at  the  option  of  the  holder  thereof  abo  be 
payable  at  the  fiscal  agency  to  be  designated  by  the  governor  under  the 
terms   of   this   act. 

Remittances  to  agency. 

§  3.  The  controller  of  the  state  of  California  shall  draw  his  warrant 
on  the  treasury  for,  and  the  state  treasurer  shall,  out  of  any  funds  in  the 
treasury  available  and  appropriated  for  the  payment  of  the  principal  and 
interest  of  the  said  debt,  transmit  or  remit  to  the  said  fiscal  agency,  in 
the  form  of  check  or  draft  payable  in  the  said  city  of  New  York,  at  such 
time  as  may  be  arranged  bv  the  state  treasurer  with  such  fi.scal  agency, 
subject  to  the  approval  of  the  governor,  as  hereinafter  provided,  sufficient 
funds  out  of  any  funds  in  the  hands  of  such  state  treasurer,  or  other 
officer,  applicable  to  such  purposes  for  the  redemption  of  such  bonds 
and  coupons;  provided,  however,  that  the  time  when  such  funds  shall  he 
transmitted  or  remitted  to  such  fiscal  agency  shall  be  not  less  than  thirty 
days  before  the  maturity  of  any  such  bonds  or  coupons.  Express  charges 
and  postage  shall  be  a  proper  charge  against  the  state  and  shall  be  paid 
said  fiscal  agency  and  be  allowed  the  state  treasurer  or  other  proper  officer 
in  his  settlement. 

Receipt  for  funds  sent. 

§  4.  On  receipt  of  any  funds  by  the  said  fiscal  agency,  it  shall  be 
the  duty  of  such  agency  to  notify  the  officer  from  whom  received  of  the 
receipt  thereof  and  immediately  on  the  payment  of  such  bonds  anil 
coupons  for  which  funds  were   transmitted   or   remitted  said   bonds  and 


971  BONDS.  Act391i,  §§5-8 

coupons  shall  he  canceled  and  returned  to  the  state  treasurer  or  officer 
from  whom  such  funds  were  received.  The  fiscal  agency  is  hereby  au- 
thorized to  redeem  such  bonds  and  coupons  when  duly  presented  to  it 
by  the  holder,  whether  the  certificate  herein  provided  for  has  been 
attached  to  said  bonds  or  not. 

Certificate  atta<rhed  to  bonds. 

§  5.  The  state  treasurer  and  any  other  officers  of  the  state  authorized 
to  sell  and  deliver  any  bonds  of  the  state,  are  hereby  authorized  at  the 
time  of  delivery  to  the  purchaser  to  attach  to  any  bonds  of  the  state 
which  have  been  or  shall  be  authorized  to  be  issued  by  the  state,  whether 
such  bonds  have  been  heretofore  signed,  countersigned  and  sealed,  or 
shall  hereafter  be  signed,   countersigned  and  sealed,  a   copy   of  this   act 

and  a  certificate  in  the  following  terms:  "Pursuant  to  the  above  act, 

in  the  city  of  New  York,  state  of  New  York,  has  been  designated  as 
the  fiscal  agency  of  the  state  of  California  in  said  city,  to  continue  as 
such  until  the  designation  of  another  fiscal  agency  in  said  city.  Attached 
before  issuance  to  state  of  California bond,  dated ,  19 — ,  No.  — 

Sacramento,  California,  19 — . 

State  Treasurer." 
Notice  of  designation  of  agency  to  be  published. 

§  6.  It  shall  be  the  duty  of  the  secretary  of  state  immediately  after 
the  passage  of  this  act  and  the  designation  of  the  fiscal  agency  provided 
herein,  to  publish  a  notice  of  the  same  in  some  paper  of  general  circula- 
tion in  the  city  of  Sacramento,  in  the  state  of  California,  and  in  the  said 
city  of  New  Y^ork,  in  the  state  of  New  York,  once  a  week  for  two  weeks 
and  thereafter  all  bonds  and  coupons  of  the  state  which  are  by  their 
terms  payable  at  the  office  of  the  state  treasurer,  shall  also  be  payable 
at  the  said  fiscal  agency  at  the  option  of  the  holder. 

Treasurer  authorized  to  act. 

§  7.  The  state  treasurer,  subject  to  the  approval  of  the  governor,  is 
hereby  authorized  to  do  all  acts  and  things  necessary  or  proper  to  carry 
the  provisions  of  this  act  into  effect,  including  among  other  things  the 
making  of  such  arrangements  with  the  fiscal  agency  as  may  be  deemed 
necessary  including  the  compensation,  if  any,  of  such  agency  for  services 
rendered  under  this  act,  and  the  time  when  funds  for  the  redemption  of 
bonds  and  coupons  shall  be  transmitted  or  remitted  to  such  fiscal  agency. 

Urgency  measure. 

§  8.  This  act  is  hereby  declared  to  be  an  urgency  measure  within  the 
meaning  of  section  1,  article  4,  of  the  constitution  and  is  deemed  neces- 
sary for  the  immediate  preservation  of  the  public  peace,  health  and 
safety.  The  following  is  a  statement  of  the  facts  constituting  such  neces- 
sity: It  is  necessary  for  the  purpose  of  promptly  and  immediately  sup- 
plying funds  for  the  construction  and  completion  of  highways  and  harbor 


Act  428  GENERAL   LAWS.  .  972 

improvements  which  have  been  authorized  by  the  legislature  and  ratified 
by  vote  of  the  people  and  have  been  begun,  that  this  act  be  passed  and 
that  provision  for  the  payment  of  bonds  and  coupons  of  the  state  be  made 
in  conformity  with  the  requirements  of  financial  usage  and  custom  by 
providing  for  the  payment  thereof  at  a  place  and  in  a  manner  which  will 
place  the  said  bonds  and  coupons  on  an  equality  with  the  bonds  of  other 
states  and  of  public  bodies.  The  necessity  of  immediately  obtaining  and 
furnishing  funds  for  said  purpose  to  prevent  loss  to  the  state  and  to 
secure  the  completion  without  unnecessary  delay  of  the  said  improve- 
ments for  the  preservation  of  the  public  peace,  health  and  safety  require 
that  this  act  shall  take  immediate  effect. 

TITLE  63. 

BUILDING  AND  LOAN  ASSOCIATIONS. 

ACT  428. 

An  act  creating  a  bureau  of  building  and  loan  supervision;  providing  for 
the  appointment  of  an  administration  official  therefor  to  be  known 
as  the  building  and  loan  commissioner;  prescribing  his  duties,  powers 
and  compensation;  providing  for  a  secretary,  his  powers  and  com- 
pensation; providing  for  the  rental  of  ofliccs  for  the  use  of  the 
bureau  and  for  traveling  and  office  expenses;  providing  a  system  for 
licensing  building  and  loan  and  other  associations,  and  for  assessing 
and  collecting  the  license  fees  necessary  to  meet  the  salaries  and  other 
expenses  of  the  bureau  of  building  and  loan  supervision;  providing  a 
course  of  procedure  where  violations  of  law,  or  unsafe  practices  are 
found  to  exist,  or  are  reported  by  the  commissioner  to  the  attorney 
general;  providing  for  involuntary  liquidation  by  trustees,  and  pro- 
ceedings in  connection  therewith;  providing  for  exemption  of  prop- 
erty of  associations  in  liquidation  from  attachments,  executions  and 
liens,  pending  liquidation;  providing  for  and  requiring  associations 
to  procure  licenses,  pay  assessments  levied  for  pro  rata  of  salaries  and 
expenses,  and  to  make  and  file  reports;  providing  penalties  for  viola- 
tions of  law  and  orders  of  the  commissioners;  repealing  an  act 
approved  March  21,  1905,  entitled  "An  act  creating  a  bureau  of 
building  and  loan  supervision;  providing  the  appointment  of  admin- 
istration officials  therefor  to  be  known  as  the  building  and  loan 
commissioners;  prescribing  their  duties,  powers  and  compensation; 
providing  for  a  secretary,  his  powers  and  compensation;  providing 
for  the  rental  of  offices  for  the  use  of  the  bureau  and  for  traveling 
and  office  expenses;  providing  a  system  for  licensing  building  and 
loan  and  other  associations,  and  for  assessing  and  collecting  the 
license  fees  necessary  to  meet  the  salaries  and  other  expenses;  provid- 
ing a  course  of  procedure  where  violations  of  law,  or  unsafe  practices 
are  found  to  exist,  or  are  reported  by  the  commissioners  to  the  attor- 
ney general;  providing  for  involuntary  liquidation  by  trustees,  and 
proceedings    in   connection    therewith;    providing   for    exemption    of 


973  BUILDING   AND   LOAN  ASSOCIATIONS.  Act  428 

property  of  associations  in  liquidation  from  attachments,  executions 
and  lieus,  pending  liquidation;  providing  for  and  requiring  associa- 
tions to  procure  licenses,  pay  assessments  levied  for  pro  rata  of 
salaries  and  expenses,  and  to  make  and  file  reports  providing  pen- 
alties for  violations  of  law  and  orders  of  the  commissioners;  provid- 
ing for  succession  in  office,  and  repealing  all  acts  and  parts  of  acts 
in  conflict  herewith;  also  repealing  an  act  approved  March  23,  1907, 
entitled  'An  act  to  amend  section  sixteen  (16)  of  an  act  entitled  "An 
act  creating  a  bureau  of  building  and  loan  supervision;  providing 
for  the  appointment  of  administration  officials  therefor  to  be  known 
as  the  buihling  and  loan  commissioners;  prescribing  their  duties, 
powers  and  compensation;  providing  for  a  secretary,  his  powers  and 
compensation;  providing  for  the  rental  of  offices  for  the  use  of  the 
bureau  and  for  traveling  and  office  expenses;  providing  a  system  for 
licensing  building  and  loan  and  other  associations,  and  for  assessing 
and  collecting  license  fees  necessary  to  meet  the  salaries  and  other 
expenses;  providing  a  course  of  procedure  where  violations  of  law, 
or  unsafe  practices  are  found  to  exist  or  are  reported  by  the  com- 
missioners to  the  attorney  general;  providing  for  involuntary  liqui- 
dation by  trustees,  and  proceedings  in  connection  therew^ith;  pro- 
viding for  exemption  of  property  of  associations  in  liquidation  from 
attachments,  executions  and  liens  pending  liquidation;  providing  for 
and  requiring  associations  to  procure  licenses,  pay  assessments  levied 
for  pro  rata  of  salaries  and  expenses,  and  to  make  and  file  reports; 
providing  penalties  for  violations  of  law  and  orders  of  the  com- 
missioners; providing  for  succession  in  office,  and  repealing  all  acts 
and  parts  of  acts  in  conflict  herewith,"  '  approved  March  21,  1903, 
relating  to  and  providing  for  reports  to  building  and  loan  commis- 
sioners and  the  publication  thereof;  also  repealing  an  act  approved 
March  20,  1909,  entitled  "An  act  to  amend  sections  3  and  11  of  an 
act  entitled  'An  act  creating  a  bureau  of  building  and  loan  super- 
vision; providing  for  the  appointment  of  administration  officials 
therefor  to  be  known  as  the  building  and  loan  commissioners;  pre- 
scribing their  duties,  powers  and  compensation;  providing  for  a 
secretary,  his  powers  and  compensation;  providing  for  the  rental  of 
offices  for  the  use  of  the  bureau  and  for  traveling  and  office  ex- 
penses; providing  a  system  for  licensing  building  and  loan  and  other 
associations,  and  for  assessing  and  collecting  license  fees  necessary 
to  meet  the  salaries  and  other  expenses,  providing  a  course  of  pro- 
cedure where  violations  of  law,  or  unsafe  practices  are  found  to  exist 
or  are  reported  by  the  commissioner  to  the  attorney  general;  pro- 
viding for  involuntary  liquidation  by  trustees,  and  proceedings  in 
connection  therewith;  providing  for  exemption  of  property  of  asso- 
ciations in  liquidation  from  attachments,  executions  and  liens 
pending  liquidation;  providing  for  and  requiring  associations  to  pro- 
cure licenses,  pay  assessments  levied  for  pro  rata  of  salaries  and 
expenses,  and  to  make  and  file  reports;  providing  penalties  for  viola- 


Act  428,  §§1-3  GENERAL   LAWS.  974 

tions  of  law  and  orrlers  of  the  commissioners;  providing  for  succession 
in  office,  and  repealing  all  acts  and  parts  of  acts  in  conflict  here- 
with/"  approved  March  21,  1905,  relating  to  the  powers  and  duties 
and  salaries  of  the  state  building  and  loan  commissioners. 

[Approved  April  5,  1911.     Stats.  1911,  p.  607.] 
Amended  1911,  Ex.  Sess.,  p.  6. 

Bureau  of  building  and  loan  supervision. 

§  1.  There  is  hereby  created  a  bureau,  to  be  known  and  designated  as 
the  "Bureau  of  Building  and  Loan  Suitervision,"  with  powers  of  super- 
vision, examination  and  license  of  all  building  and  loan  associations, 
mutual  loan  associations,  co-operative  home  associations,  and  all  other 
corporations,  associations,  and  societies  wlienever,  wherever  and  however 
formed,  which  are  based,  or  are  operating  on  plans  or  methods  similar  to 
building  and  loan  associations  as  defined  in  section  648  of  the  Civil  Code. 
Said  bureau  is  charged  with  the  enforcement  of  all  laws  designed  for 
the  formation,  government  or  operation,  in  this  state,  of  any  such  associa- 
tion, corporation  or  society,  and  is  vested  with  power  to  determine  what 
associations,  corporations  and  societies  come  within  the  purview  of  the 
laws.  [Amendment  approved  December  18,  1911;  Stats.  Ex.  Sess.  1911, 
p.  6.] 

Building  and  loan  commissioner.     Secretary. 

§  2.  The  adniinistrution  of  said  bureau  shall  be  vested  in  a  com- 
missioner, to  be  known  and  designated  as  the  "Building  and  Loan  Com- 
missioner," who  shall  be  appointed  by  the  governor  and  commissioned  to 
hold  office  at  the  pleasure  of  the  governor.  He  must  be  a  citizen  of  this 
state;  and  he  must  not  be  in  any  way  connected  with  any  association, 
corporation  or  society  coming  under  his  supervision.  He  shall  be  author- 
ized and  empowered  to  appoint  a  secretary,  with  powers  of  examination 
the  same  as  his  own,  who  must  be  a  practical,  skilled  accountant,  fully 
conversant  with  building  and  loan  accounts. 

Salaries.  Traveling  expenses.  Ofl&ce,  where  maintained.  Rent  and  other 
expenses. 
§  3.  The  commissioner  shall  receive  a  salary  of  twenty-four  hundred 
dollars  per  annum,  and  his  secretary  shall  receive  a  salary  of  twenty-one 
hundred  dollars  per  annum.  Such  salaries  shall  be  in  full  for  all  services 
rendered,  and  neither  the  commissioner  nor  the  secretary  shall  receive  or 
accept  any  fees  from  any  other  source  for  services  performed  in  their 
official  capacity.  There  shall  also  be  allowed  and  paid  the  necessary 
traveling  expenses  of  the  commissioner  and  his  secretary,  incurred  while 
traveling  in  their  line  of  duties,  not  to  exceed  the  sum  of  fifteen  hundred 
dollars  per  annum.  The  commissioner  shall  jirocure  and  have  an  office 
in  the  city  of  San  Francisco,  which  office  shall  be  kept  open  for  business 
every  business  day,  duriug  such  hours  as  are  commonly  observed  by  the 
banks  of  that  city  as  banking  hours.     For  such  office  there  shall  be  al- 


975  feUILDING  AND  LOAN  ASSOCIATIONS.      Act  428,  §§  4-6 

lowed  anrl  paid  a  total  rental  of  not  exceeding  seventy-five  dollars  per 
month.  Said  commissioner  may  also  provide  such  fuel,  stationery,  print- 
ing, postage,  office  help  and  other  necessary  conveniences  as  may  be 
re(juisite  in  such  office,  at  a  cost  not  to  exceed  in  the  aggregate  the  sum 
of  fifteen  hundred  dollars  per  annum.  All  said  salaries  and  expenses  shall 
be  audited  and  paid  in  the  same  manner  as  the  salaries  and  expenses  of 
other  state  officers.  [Amendment  approved  December  18,  1911;  Stats. 
Ex.  Sess.  1911,  p.  6.] 

Bonds  of  commissioner  and  secretary. 

§  4.  Before  entering  upon  their  duties,  the  commissioner  and  the 
secretary  shall  each  execute  an  official  bond  in  the  penal  sum  of  five  thou- 
sand dollars,  each  of  which  bonds  must  be  guaranteed  b_y  a  duly  authorized" 
suretj'  or  bonding  company,  the  premium  on  which  shall  be  paid  from  the 
allowance  for  office  exjionses.  Any  bond  executed  under  this  section  must 
be  approved  by  the  governor  and  filed  and  recorded  in  the  office  of  the 
secretary  of  state,  and  such  commissioner  and  secretary  must  take  the 
oath  of  office  as  prescribed  by  the  Political  Code  for  the  state  officers  in 
general.  [Amendment  approved  December  18,  1911;  Stats.  Ex.  S'^ss.  1911, 
p.  7.] 

Duties.    Report  to  governor. 

§  5.  It  shall  be  the  duty  of  the  commissioner  to  furnish  to  all  asso- 
ciations, corporations  or  societies,  which,  in  his  judgment,  legally  come 
under  his  jurisdiction,  and  that  have  otherwise  complied  with  the  re- 
quirements of  law,  a  license  authorizing  them  to  transact  business  for 
one  year  from  the  date  of  said  license;  to  receive  and  place  on  file  in 
his  office  the  annual  or  other  reports  required  by  law  to  be  made  by 
building  or  loan  associations  or  other  corporations  or  societies  licensed 
by  him;  to  supply  each  with  blank  forms  for  such  statement;  and  to 
make,  on  or  before  the  first  day  of  October  in  each  year,  a  tabulated 
report  to  the  governor  of  this  state,  showing  the  condition  of  all  such 
associations,  corporations  or  societies  reporting  to  him,  with  such  recom- 
mendation as  he  may  deem  proper,  accompanied  by  a  detailed  statement 
of  all  moneys  received  by  him  since  his  last  report  and  the  disposition 
thereof. 

Examination  of  associations. 

§  6.  It  shall  be  the  duty  of  the  commissioner,  in  person,  or  the 
secretary,  at  least  once  in  each  year,  without  previous  notice,  to  visit 
and  examine  into  the  affairs  of  every  such  association,  corporation  or 
society  licensed  by  him,  incorporated  or  doing  business  in  this  state; 
on  such  occasions  he  shall  have  free  access  to  all  the  books,  records, 
securities  and  papers  of  every  such  association,  corporation  or  society, 
and  shall  first  count  the  cash  and  cheek  the  bank  balance  of  such  cor- 
poration or  association  with  the  proper  amount  of  funds  as  shown  by 
the  books  to  be  on  hand  and  at  the  date  and  hour  of  such  examination, 
and  shall   then  examine   and  verify  the  books,   accounts,   and  securities, 


Act428,  §§7, 8  GEXER.vL  LAWS.  976 

and,  so  far  as  possible  and  consistent,  the  values  of  all  property  owned 
or  held  as  collateral  security  for  moneys  loaned,  and  otherwise  use 
reasonable  diligence  to  ascertain  the  financial  condition  and  solvency 
thereof.  He  and  his  secretary  shall  have  power  to  administer  oaths  in 
the  line  of  duty,  and  to  examine  under  oath  the  officers,  employees  and 
agents,  or  the  custodian  or  receiver,  relative  to  any  or  all  the  business 
thereof.  The  commissioner  or  his  secretary  or  representative  shall  re- 
ceive for  any  examination  into  the  books  and  affairs  of  any  such  asso- 
ciation, corporation  or  society  formed  outside  of  the  state  of  California 
and  applj'ing  for  a  license  to  do  business  in  this  state,  their  reasonable 
expenses,  which  shall  be  paid  by  the  association,  corporation  or  society 
so  examined;  provided,  that  they  may  accept  the  result  of  any  such 
examination  made  by  the  duly  constituted  authorities  of  any  state  having 
similar  laws  of  supervision. 

Books  of  associations.    Revaluation  of  real  estate. 

§  7.  To  facilitate  the  examinatinns  specified  in  the  foregoing  section, 
he  shall  require  every  such  association,  corporation,  or  society  to  keep 
its  books  in  such  form  as  to  accurately  show  its  assets  and  liabilities 
in  detail  and  to  keep  records  written  in  ink,  showing  the  appraised  values 
of  the  real  estate  security  held  in  connection  with  each  loan,  and  signed 
in  each  case  by  the  appraiser,  officer  or  committee  charged  with  making 
such  estimated  valuations.  The  commissioner  may  make  a  revaluation 
of  the  real  estate  owned,  and  of  the  other  securities  of  any  such  asso- 
ciation, corporation  or  society  licensed  by  him,  on  which  the  loan  pay- 
ments may  be  delinquent  for  six  months  or  more,  and  may,  for  that 
purpose,  appoint  local  appraisers,  who  shall  be  disinterested  persons,  at 
the  expense  of  such  association,  corporation  or  society;  the  expense  of 
such  appraisement  to  be  fixed  Ijy  the  commissioner,  Ijut  not  to  exceed 
the  sum  of  five  dollars  for  property  located  outside  of  any  incorporated 
limits  and  three  dollars  for  property  located  inside  of  any  incorporated 
limits  for  each  property  so  examined  and  appraised.  Each  appraiser  so 
appointed  shalf  be  required  to  make  a  sworn  report  to  the  commissioner 
of  his  estimated  valuations  of  all  property  so  examined  and  appraised. 

May  issue  subpoenas,  etc. 

§  8.  The  commissioner  shall  have  power  to  issue  subpoenas  and  re- 
quire attendance  of  any  or  all  trustees,  or  agents  of  any  such  association, 
corporation  or  society,  and  such  other  witnesses  as  they  may  deem  neces- 
sary, in  relation  to  its  affairs,  transactions  and  condition,  and  any  such 
person  so  served  with  such  subpoena  may  upon  ajiplication  of  the  com- 
missioner be  required  b}^  order  of  the  superior  court  of  the  county  where 
the  corporation,  association  or  society  has  its  principal  place  of  business 
to  appear  and  answer  such  pertinent  questions  as  may  be  put  to  him  by 
such  commissioner  aud  be  required  to  produce  su'-h  books,  papers  or 
documents  in  his  possession  as  may  be  required  by  such  commissioner. 


977  BUILDING  AND  LOAN  ASSOCIATIONS.      Act  428,  §  9 

Violation  of  law  by  association.  Duty  of  commissioner.  Notice  to  at- 
torney general.  Reference  to  superior  court. 
§  9.  If  the  commissioner,  as  the  result  of  any  examination,  or  from 
any  report  made  to  him  or  to  the  shareholders,  shall  -find  that  any  associa- 
tion, corporation  or  society  licensed  by  him,  is  violating  the  provisions 
of  its  charter  or  of  the  laws  of  this  state  provided  for  its  government, 
or  is  conducting  its  business  in  an  unsafe  or  unauthorized  manner,  he  may, 
by  an  order  addressed  to  the  association,  corporation  or  society  so  offend- 
ing, direct  a  discontinuance  of  such  violations  or  unsafe  pra.ctices  and  a 
conformity  with  all  the  requirements  of  law;  and  if  such  association,  cor- 
poration or  society  shall  refuse  or  neglect  to  comply  with  such  order 
within  the  time  specified  therein;  or  if  it  shall  appear  to  the  commissioner 
that  any  such  association,  corporation  or  society  is  in  an  unsafe  condi- 
tion, or  is  conducting  its  business  in  an  unsafe  manner,  such  as  to  render 
its  further  proceeding  hazardous  to  the  public,  or  to  those  having  funds 
in  its  custody;  or  if  he  shall  find  that  its  assets  are  impaired  to  such  an 
extent  that,  after  providing  for  all  liabilities  other  than  to  shareholders, 
members  and  investors,  they  do  not  exceed  in  volume  the  dues  or  prin- 
cipal payments  paid  in  by  the  shareholders,  members  and  investors  and 
credited  to  or  on  account  of  all  classes  of  stock,  shares  or  certificates  of 
investment,  issued  and  outstanding,  he  shall,  in  order  to  prevent  waste 
and  diversion  of  assets,  assume  and  take  charge  of  the  affairs  and  business 
of  such  association,  corporation  or  society  and  possession  and  control 
of  all  its  property  and  assets,  and  retain  such  possession  pending  action 
by  the  proper  court.  Upon  taking  such  action,  he  may,  under  his  hand 
and  official  seal,  appoint  a  custodian,  require  from  him  a  good  and  suffi- 
cient bond,  and  place  him  in  charge  as  his  representative.  He  shall  im- 
mediately notify  the  attorney  general  of  his  action  and  of  all  the  neces- 
sary facts  in  connection  therewith;  and  thereupon  it  shall  become  the 
duty  of  the  attorney  general  to  at  once  apply  to  the  superior  court  of  the 
county  in  which  such  association,  corporation  or  society  has  its  principal 
place  of  business,  for  an  order  citing  such  association,  corporation  or 
society  to  show  cause,  if  any  it  may  have,  within  not  exceeding  ten  days, 
why  the  action  of  the  commissioner  should  not  be  approved  and  confirmed 
by  the  court,  and  made  permanent.  Such  court  may  in  such  application, 
and  after  a  full  hearing,  approve  or  disapprove  of  the  action  of  the  com- 
missioner. If  the  court  shall  approve  and  confirm  the  action  of  the  com- 
missioner, such  approval  and  confirmation  shall  operate  as  a  permanent 
injunction  against  the  further  prosecution  of  business  by  such  association, 
corporation  or  society,  and  the  commissioner  shall  proceed  immediately  to 
liquidate  the  business  and  affairs  thereof,  and  so  continue  until  such 
liquidation  has  been  completed.  If  the  action  of  the  commissioner  shall 
be  disapproved  by  the  court,  the  commissioner  shall  cause  all  reasonable 
expenses  incurred  by  him  during  his  occupancy  or  possession,  including 
not  exceeding  eight  dollars  per  diem,  for  each  business  day,  as  the 
compensation  of  the  custodian,  to  be  paid  from  the  funds  of  such  associa- 
62 


Act  428,  §  9  GENERAL  LAWS,  978 

tion,  corporation  or  society,  and  immediately  restore  the  balance  of  the 
property  and  assets  thereof  to  the  possession  of  the  proper  officers. 

Commissioner  employed  to  conduct  business. 

The  approval  and  confirmation  of  the  action  of  the  commissioner,  by 
the  court,  shall  operate  to  empower  the  commissioner  to  collect  all  moneys, 
debts  and  claims  due  to  or  belonging  to  such  association,  corporation  or 
society  and  to  give  him  full  receipt  therefor;  to  release  or  reconvey  all 
real  or  personal  property  pledged  as  security  for  loans;  to  approve  and 
pay  all  just  and  equitable  claims;  to  prosecute  all  actions  necessary  to 
enforce  liquidations;  and,  on  the  order  of  the  court,  to  compound  bad 
or  doubtful  debts  and  to  sell  and  convey  real  and   personal   property. 

Inventory  of  assets.  Notice  to  claimants.  Schedule  of  claims.  Liquida- 
tion. Final  report. 
As  soon  as  practicable  after  the  approval  and  confirmation  of  the  ac- 
tion of  the  commissioner,  by  the  court,  he  shall  cause  an  inventory  of  all 
the  assets  of  such  association,  corporation  or  society  to  be  made  in  dup- 
licate, the  original  to  be  filed  with  the  proper  court  and  the  duplicate 
in  the  office  of  the  commissioner.  He  shall  cause  due  notice  to  be  given 
hy  publication,  weekly  for  four  successive  weeks,  in  some  newspaper 
published  at  or  near  the  principal  place  of  business  of  such  assoi-iation, 
corporation  or  society,  requesting  all  persons  having  claims  against  it  as 
creditors,  shareholders,  members  or  investors,  to  present  same  and  make 
legal  proof  thereof,  at  a  place  and  within  a  time  to  be  designatcil  in  such 
publication;  and  he  shall  cause  a  copy  of  such  notice  to  be  nri.led  to  all 
persons  whose  names  appear  of  record  upon  its  books  as  creditors,  share- 
holders, members  or  investors;  and  upon  the  expiration  of  the  time  fixed 
for  the  presentation  of  claims  the  commissioner  shall  prepare  or  cause  to 
be  prepared,  in  duplicate,  a  full  and  complete  schedule  of  all  claims  pre- 
sented, specifying  by  classes  those  that  have  been  approved  and  those 
that  have  been  disapproved,  and  file  the  original  with  the  proper  court 
and  the  duplicate  in  the  office  of  the  commissioner.  Due  notice  shall  be 
mailed  to  all  claimants  whose  claims  may  have  been  rejected.  Action  to 
enforce  the  payment  of  any  rejected  claim  must  be  brought  and  service 
had  within  thirty  days  from  and  after  the  date  of  filing  of  the  schedule 
of  claims  with  the  proper  court,  otherwise  all  such  actions  shall  be  for- 
ever barred.  The  commissioner  may,  under  his  hand  ami  official  seal, 
appoint  one  or  more  special  deputies  to  assist  in  the  duties  of  liquidation 
and  distribution,  under  his  direction,  and  may  also  employ  such  counsel 
and  clerical  assistance,  as  may  be  needful  and  requisite,  and  fix  the  sal- 
aries and  compensation  to  be  allowed  and  paid  to  each.  All  such  salaries, 
together  with  such  other  reasonable  and  necessary  expenses  as  may  be 
incurred  in  the  liquidation,  shall  be  paid  by  him  from  the  funds  of  such 
association,  corporation  or  society  in  his  hands,  and  from  the  net  realiza- 
tion of  assets,  in  excess  of  such  salaries  and  expenses,  the  commissioner 
shall   first    pay   all   approved    claims    other    than    to   stockholders,   share- 


979  BUILDING  AND  LOAN  ASSOCIATIONS.      Act  428,  §  10 

holders  and  members;  and  thereafter  he  shall  distribute  and  pay  div- 
idends, in  liquidation  to  the  stockholders,  other  than  guarantee,  and  to 
the  shareholders  and  members,  as  fast  as  funds  to  the  amount  of  ten  (10) 
per  cent  of  such  approved  claims  are  available  therefor,  and  so  continue 
until  all  the  assets  have  been  realized  upon  and  a  final  dividend  in  liquida- 
tion shall  be  declared  and  paid.  Upon  the  payment  of  a  final  dividend  in 
liquidation,  the  commissioner  shall  prepare  and  file  with  the  proper  court 
a  full  and  final  statement  of  the  liquidation,  including  a  summary  of  the 
receipts  and  disbursements,  and  a  duplicate  thereof  shall  be  filed  in  the 
ofliee  of  the  commissioner,  and  after  due  hearing  and  approval  by  the 
court  the  liquidation  shall  be  deemed  to  be  closed.  The  approval  and 
confirmation  of  the  action  of  the  commissioner,  in  the  manner  herein 
provided,  shall  operate  to  dissolve  or  stay  any  or  all  actions  or  attach- 
ments initiated  or  levied  within  thirty  days  next  preceding  the  date  of 
notification  of  the  attorney  general  by  the  commissioner;  and,  pending 
the  process  of  liquidation,  as  herein  provided,  no  attachment  or  execution 
shall  be  levied  nor  lien  created  upon  any  of  the  property  of  such  associa- 
tion, corporation,   or  society. 

Liability  of  stockholders.     Disposition  of  surplus. 

In  every  case  where  any  such  association,  corporation  or  society  shall 
have  a  paid  in  guarantee  capital,  and  the  realization  of  assets  shall  be 
insufficient  to  meet  the  liabilities  due  to  all  other  classes  of  stockholders, 
shareholders,  members  and  investors,  the  commission  shall  enforce,  by 
action  or  otherwise,  the  liability  of  each  and  every  of  the  holders  of  the 
guarantee  capital  stock  for  his  or  their  respective  pro  rata  of  any  such 
deficiency.  Whenever,  in  all  cases  where  there  shall  be  a  paid  in  guar- 
antee capital'  the  commissioner  shall  have  fully  liquidated  all  approved 
claims,  and  shall  have  made  due  provision  for  any  and  all  known  but  un- 
claimed liabilities  guarantee  capital  excepted,  and  shall  have  paid  all 
expenses  of  liquidation,  any  surplus  that  may  then  remain  in  his  hands, 
together  with  all  the  records  and  effects,  shall  be  delivered  over  to  the 
holders  of  the  guarantee  capital  stock  at  a  meeting  thereof  to  be  called 
by  the  commissioner  for  that  purpose.  [Amendment  approved  December 
18,  1911;  Stats.  Ex.  Sess.  1911,  p.  7.] 

Schedule  of  property. 

§  10.  Upon  the  approval  of  the  action  of  the  commissioner,  in  the 
manner  and  for  the  cause  set  forth  in  section  9,  the  commissioner  shall 
require  the  president  and  secretary  of  such  association,  corporation  or 
society  to,  and  such  officers  shall,  make  a  schedule  of  all  its  property  and 
make  oath  that  such  schedule  sets  forth  all  the  property  which  such  as- 
sociation, corporation  or  society  owns  or  to  which  it  is  entitled,  and 
deliver  such  schedule,  and  the  possession  of  any  and  all  such  property 
as  may  not  have  been  so  previously  delivered,  to  the  commissioner, 
who  may  at  any  time  examine  under  oath  such  president  and  secretary, 
or  other  officers^  to  determine  whether  or  not  all  the  property  which  such 


Act428,§§  11-14  GENERAL   LAWS.  980 

association,  corporation  or  society  owns,  or  to  which  it  is  entitled,  has 
been  transferred  and  delivered  into  his  possession.  [Amendment  ap- 
proved December  18,  1911;  Stats.  Ex.  Sess.  1911,  p.  10.] 

Report  of  receivers.     Examination  by  commissioner. 

§  11.  Receivers,  heretofore  or  hereafter  appointed,  must,  at  least  an- 
nually, make  due  report  of  all  their  doings  and  accounts  to  the  proper 
court,  and  immediately  thereafter  file  a  copy  thereof  with  the  commis- 
sioner; and  the  commissioner  shall,  at  least  once  in  each  year,  and  as 
much  oftener  as  he  may  deem  expedient,  examine  the  accounts  and  doings 
of  such  receivers,  and,  for  such  purpose,  shall  have  full  and  free  access 
to  all  books,  accounts  and  vouchers  relating  to  such  liquidation,  and  any 
defect,  irregularity  or  misconduct  on  the  part  of  such  receivers  as  he 
may  find  to  exist  shall  be,  by  the  commissioner,  reported  to  the  proper 
court.  [Amendment  approved  December  18,  1911;  Stats.  Ex.  Sess.  1911, 
p.  10.] 

Examination  upon  request  of  ten  shareholders. 

§  12.  Upon  the  certificate,  under  oath,  of  any  ten  or  more  officers, 
trustees,  creditors,  shareholders  or  depositors  of  any  such  association, 
corporation  or  society,  setting  forth  their  interest  and  the  reason  for 
the  making  of  such  examination,  directed  to  the  commissioner,  and  re- 
questing him  so  to  do,  he  shall  forthwith  make  a  full  investigation  uf 
its  affairs,  in  the  manner  provided. 

Failure  of  commissioner  to  act. 

§  13,  If  the  commissioner,  having  knowledge  of  the  insolvent  condi- 
tion, or  of  any  violation  of  law  or  unsafe  practice  of  any  such  associa- 
tion, corporation  or  society  under  his  supervision,  such  as  rentiers,  in 
his  opinion,  the  conduct  of  its  business  hazardous  to  its  sharoliolders, 
creditors  or  depositors,  shall  fail  to  take  the  proper  action  required  by 
this  act,  or  shall  refuse  or  neglect  to  perform  the  official  duties  per- 
taining to  his  office,  then  upon  conviction  thereof  the  office  of  such  com- 
missioner shall  be  declared  vacant  by  the  governor,  and  a  successor  be 
appointed  to  fill  the  unexpired  term. 

Associations  to  pay  pro  rata  assessment.  Date  of  assessment.  Minimum 
assessment. 
§  14.  To  meet  the  salaries  and  expenses  provided  for  by  this  act, 
the  commissioner  shall  require  every  association,  corporation  or  society 
licensed  by  him  or  coming  under  his  supervision  to  pay  in  advance,  to 
him,  and  prior  to  the  issuance  of  any  license,  its  pro  rata  amount  of  all 
such  salaries  and  expenses,  and  it  is  hereby  made  the  duty  of  every  such 
association,  corporation  or  society  to  pay  the  same;  such  pro  rata  shall 
be  fixed  and  determined  by  the  proportion  which  its  assets  bear  to  the 
aggregate  assets  of  all  such  associations,  corporations,  or  societies,  re- 
ceiving licenses,  as  shown  by  the  last  reports  of  such  corporations,  asso- 
ciations, or  societies  to   the   commissioner.     On  or  before   the   thirtieth 


981  BUILDING  AND  LOAN  ASSOCIATIONS.      Act  428,  §§  15,  16 

day  of  December,  in  each  year,  the  commissioner  shall  notify  each  of 
such  associations,  corporations  or  societies,  through  the  United  States 
mail,  of  the  amount  assessed  and  levied  against  it  and  that  the  same 
must  be  paid  witliin  twenty  days  thereafter;  and  should  payment  not 
be  made  to  him  within  said  twenty  days,  he  shall  then  assess  and  collect 
a  penalty,  in  addition  thereto,  of  ten  per  cent  per  day  for  each  day 
that  such  payment  may  be  delayed  or  withheld;  provided,  however,  that 
in  the  levy  and  collection  of  such  assessment,  no  such  association,  cor- 
poration or  society  shall  be  assessed  for,  nor  be  permitted  to  pay  less 
than  ten  dollars  per  annum,  and  such  association  hereafter  formed 
in  this  state,  shall  be  required  to  pay  not  less  than  one  dollar  per  month 
for  the  unexpired  term  ending  December  thirty-first,  succeeding  appli- 
cation; and  in  like  manner  any  such  association  organized  outside  this 
state  shall  be  required  to  pay  not  less  than  three  dollars  per  month,  for 
such  unexpired  term,  for  its  first  license. 

License  of  associations.     Commissioner  may  revoke  license. 

§  15.  It  shall  be  the  duty  of  the  commissioner  to  require  every  such 
association,  corporation  or  society  coming  under  his  supervision,  to  pro- 
cure from  him,  prior  to  the  transaction  of  any  business,  a  certificate  of 
authority  or  license  to  transact  business  in  this  state;  and  it  is  hereby 
made  the  duty  of  every  association,  corporation  or  society  to  comply 
with  such  requirement.  To  procure  such  license,  there  must  be  filed  with 
and  approved  by  the  commissioner,  a  certified  copy  of  its  articles  of 
incorporation,  constitution  and  by-laws  and  all  subsequent  amendments 
thereto,  accompanied  by  the  license  fee  herein  provided  for;  and  after 
the  expiration  of  the  term  for  which  a  license  may  have  been  granted 
to  it,  no  such  association,  corporation  or  society  shall  be  permitted  to 
continue  to  transact  business  without  first  procuring  a  renewal  of  such 
license  on  the  terms  provided  in  this  act,  and  any  such  association,  cor- 
poration or  society  violating  the  provisions  hereof  shall  be  subject  to  a 
penalty  of  ten  per  cent  per  day  of  the  amount  of  the  license  fee  re- 
quired to  be  paid  under  section  14  of  this  act,  in  addition  thereto,  for 
each  day  during  the  continuance  of  such  offense.  The  commissioner  is 
authorized  and  empowered  to  revoke  the  license  of  any  such  association, 
corporation  or  society  under  his  supervision,  the  solvency  whereof  may 
have  become  imperiled  b}-  losses  or  irregularities;  and  immediately  upon 
the  revoking  of  any  such  license  he  shall  report  the  facts  to  the  attorney 
general,  who  shall  thereupon  take  such  proceedings  as  are  provided  in 
section  9  of  this  act. 

Annual  report  of  associations.    Failure  te  make  report. 

§  16.  The  commissioner  shall  require  every  association,  corporation  or 
society  licensed  by  him,  and  including  associations  in  liquidation,  within 
thirty  days  after"  the  close  of  its  annual  fiscal  term  to  make  a  report 
to  him  in  writing,  verified  by  the  oath  of  its  president  and  secretary, 
showing   accurately   its   financial   condition    at   the    close   of   such   term; 


Act  428,  §§  17,  18  GENERAL  LAWS.  982 

such  report  shall  also  include  all  the  receipts  and  disbursements  and 
income  and  expenses  for  the  term,  together  with  such  statistical  and 
other  information  as  may  be  deemed  essential;  all  and  every  of  such 
reports  shall  be  in  such  form  as  the  commissioner  may  prescribe,  and 
upon  blanks  to  be  by  him  furnished  therefor.  Every  such  association, 
corporation  or  society  is  hereby  required  to  make  and  file  all  such 
reports  within  the  time  specified  herein,  and  for  failure  or  neglect  so 
to  do  shall  be  subject  to  a  penalty  of  ten  dollars  per  day  for  each  and 
every  day  the  same  shall  be  delayed  or  withheld. 

Suit  to  collect  assessments.     Building  and  loan  inspection  fund. 

§  17.  The  collection  of  all  moneys  assessed,  as  herein  provided,  for 
the  payment  of  salaries  and  annual  expenses,  or  forfeitable  as  fines  for 
failure  to  make  payments  of  assessments,  procure  licenses,  or  make  and 
file  reports  as  herein  specified,  and  due  from  any  such  association,  cor- 
poration or  society  coming  within  the  provisions  of  this  act,  or  imposed 
as  a  penalty  for  violation  of  any  order  or  summons,  may  be  enforced 
by  the  commissioner,  by  action  instituted  in  any  court  of  competent 
jurisdiction;  and  all  moneys  collected  or  received  by  the  commissioner 
under  this  act,  shall  be  deposited  with  the  state  treasurer,  to  be  credited 
to  a  fund  to  be  known  and  designated  as  the  "building  and  loan  in- 
spection fund";  which  said  fund  shall  only  be  used  in  defraying  the 
salaries  and  expenses  provided  for  by  this  act. 

Earlier  acts  repealed. 

§  18.  An  act  approved  March  21,  1905,  entitled  An  act  creating  a 
bureau  of  building  and  loan  supervision;  providing  for  the  appointment 
of  administration  ofliicials  therefor  to  be  known  as  the  building  and 
loan  commissioners;  prescribing  their  duties,  powers  and  compensation; 
providing  for  a  secretary,  his  powers  and  compensation;  providing  for 
the  rental  of  offices  for  the  use  of  the  bureau  and  for  traveling  and  office 
expenses;  providing  a  system  for  licensing  building  and  loan  and  other 
associations;  and  for  assessing  and  collecting  tlie  license  fees  necessary 
to  meet  the  salaries  and  other  expenses;  providing  a  course  of  procedure 
where  violations  of  law,  or  unsafe  practices  are  found  to  exist,  or  are 
reported  b}-  the  commissioners  to  the  attorney  general;  providing  for 
involuntary  liquidation  by  trustees,  and  proceedings  in  connection  there- 
with; providing  for  exemption  of  property  of  associations  in  liquidation 
from  attachments,  executions  and  liens,  pending  liquidation;  providing 
for  and  requiring  associations  to  procure  licenses,  pay  assessments  levied 
for  pro  rata  salaries  and  expenses,  and  to  make  and  file  reports; 
providing  penalties  for  violations  of  law  and  orders  of  the  commis- 
sioners; providing  for  succession  in  office,  and  repealing  all  acts  anil 
parts  of  acts  in  conflict  herewith.  Also  an  act  approved  March  21^,  19o7, 
entitled,  An  act  to  amend  section  sixteen  (16)  of  an  act  entitled  "An 
act  creating  a  bureau  of  building  and  loan  supervision;  providing  for 
the  appointment  of  administration  officials  therefor  to  be  known  as  the 


983  BUILDING  AND  LOAN   ASSOCIATIONS.       Act  428,  §  19 

building  and  loan  commissioners;  prescribing  their  duties,  powers  and 
compensation;  providing  for  a  secretary,  his  powers  and  compensation; 
providing  for  the  rental  of  offices  for  the  use  of  the  bureau  and  for 
traveling  and  office  expenses;  providing  a  s3-stem  for  licensing  building 
and  loan  and  other  associations,  and  for  assessing  and  collecting  license 
fees  necessary  to  meet  the  salaries  and  other  expenses;  providing  a 
course  of  procedure  where  violations  of  law,  or  unsafe  practices  are 
found  to  exist  or  are  reported  by  the  commissioners  to  the  attorney  gen- 
eral; providing  for  involuntary  liquidation  by  trustees,  and  proceedings 
in  connection  therewith;  providing  for  exemption  of  property  of  associa- 
tions in  liquidation  from  attachments,  executions,  and  liens  pending 
liquidation  providing  for  and  requiring  associations  to  procure  licenses, 
pay  assessments  levied  for  pro  rata  of  salaries  and  expenses,  and  to 
make  and  file  reports;  providing  penalties  for  violations  of  law  and 
orders  of  the  commissioners;  providing  for  succession  in  office,  and  re- 
pealing all  acts  and  parts  of  acts  in  conflict  herewith,"  approved  March 
21,  1905,  relating  to  and  providing  for  reports  to  building  and  loan 
commissioners  and  the  publication  thereof.     Also  an  act  approved  March 

20,  1909,  to  amend  sections  3  and  11  of  an  act  entitled  "An  act  creating  a 
bureau  of  building  and  loan  supervision;  providing  for  the  appointment  of 
administration  officials  therefor  to  be  known  as  the  building  and  loan  com- 
missioners; prescribing  their  duties,  powers  and  compensation;  providing 
for  a  secretary,  his  powers  and  compensation;  providing  for  the  rental  of 
offices  for  the  use  of  the  bureau  and  for  traveling  and  office  expenses;  pro- 
viding a  system  for  licensing  building  and  loan  and  other  associations,  and 
for  assessing  and  collecting  license  fees  necessary  to  meet  the  salaries  and 
other  expenses,  providing  a  course  of  procedure  where  violations  of  law,  or 
unsafe  practices  are  found  to  exist  or  are  reported  by  the  commissioners 
to  the  attorney  general;  providing  for  involuntary  liquidation  by  trus- 
tees, and  proceedings  in  connection  therewith;  providing  for  exemption 
of  property  of  associations  in  liquidation  for  attachments,  executions 
and  liens  pending  liquidation;  providing  for  and  requiring  associations 
to  procure  licenses,  pay  assessments  levied  for  pro  rata  of  salaries  and 
expenses,  and  to  make  and  file  reports;  providing  penalties  for  violations 
of  law  and  orders  of  the  commissioners;  providing  for  succession  in 
office,  and  repealing  all  acts  and  parts  of  acts  in  conflict  herewith," 
approved  March  21,  1905,  relating  to  the  powers  and  duties  and  salaries 
of  the  state  building  and  loan  commissioners,  and  all  acts  or  parts  of 
acts  inconsistent  with  the  provisions  of  this  act  are  hereby  repealed. 

Commissioner  successor  of  commissioners. 

§  19.  The  building  and  loan  commissioner  provided  for  by  this  act 
shall  be  the  successor  in  interest  of,  and  shall  succeed  to  all  the  rights, 
powers  and  privileges  possessed  by,  the  building  and  loan  commissioners 
under  and  by  virtue  of  that  certain  act  entitled  An  act  approved  March 

21,  1905,  as  amended  March  23,  1907,  and  as  amended  March  20,  1909, 
entitled   "An   act    creating   a  bureau   of   building   and   loan   supervision; 


Act  429  GENERAL    LAWS.  984 

providing  for  the  appointment  of  administration  officials  therefor  to 
be  known  as  the  building  and  loan  commissioners;  prescribing  their 
duties,  powers  and  compensation;  providing  for  a  secretary,  his  powers 
and  compensation;  providing  for  the  rental  of  offices  for  the  use  of  the 
bureau  and  for  traveling  and  office  expenses;  providing  a  system  for 
licensing  building  and  loan  and  other  associations,  and  for  assessing  and 
collecting  the  license  fees  necessary  to  meet  the  salaries  and  other 
expenses;  providing  a  course  of  procedure  where  violations  of  law  or 
unsafe  practice  are  found  to  exist,  or  are  reported  by  the  commissioners 
to  the  attorney  general;  providing  for  involuntary  liquidation  by  trus- 
tees, and  proceedings  in  connection  therewith;  providing  for  exemption 
of  property  of  associations  in  liquidation  from  attachments;  executions 
and  liens,  pending  liquidation;  providing  for  and  requiring  associations 
to  procure  licenses,  pay  assessments  levied  for  pro  rata  of  salaries  and 
expenses,  and  to  make  and  file  reports;  providing  penalties  for  violations 
of  law  and  orders  of  the  commissioners;  providing  for  succession  in 
office  and  repealing  all  acts  and  parts  of  acts  in  conflict  herewith";  and 
any  and  all  actions  or  proceedings  taken  or  commenced  by  the  said 
building  and  loan  commissioners,  under  the  act  aforesaid,  shall  continue 
in  full  force  and  effect  and  the  said  actions  and  proceedings  shall  not 
abate,  and  the  said  building  and  loan  commissioner  provided  for  by  this 
act  shall  be  substituted  for  and  continue  in  the  place  and  stead  of  the 
said  building  and  loan  commissioners  under  the  act  aforesaid,  and  like- 
wise all  books,  documents,  records  and  property  of  every  kind  and 
description  obtained  or  possessed  by  the  building  and  loan  commissioners 
or  their  secretary  or  clerks,  examiners  or  employees  under  the  provisions 
of  the  said  act  of  March  21,  1905,  shall  immediately  be  turned  over  and 
delivered  to  the  said  building  and  loan  commissioner  herein  provided  for. 

Title  of  act. 

§  20.     This   acf  shall  be  known  as  the  building  and  loan   commission 

act. 

§  21.     This  act  shall  take  effect  iininciliatcly. 
Citations.      Cal.   163/581,    584. 

ACT  429. 

An  act  creating  a  bureau  of  building  and  loan  supervision;  providing 
for  the  appointment  of  administration  officials  therefor  to  be  known 
as  the  building  and  loan  commissioners;  prescribing  their  duties, 
powers  and  compensation;  providing  for  a  secretary,  his  powers  and 
compensation;  providing  for  the  rental  of  offices  for  the  use  of  the 
bureau  and  for  traveling  and  office  expenses;  providing  a  system 
for  licensing  building  and  loan  and  other  associations,  and  for  as- 
sessing and  collecting  the  license  fees  necessary  to  meet  the  salaries 
and  other  expenses;  providing  a  course  of  procedure  where  viola- 
tions of  law,  or  unsafe  practices  are  found  to  exist,  or  are  reported 


985  BUTTER.  Acts  434r-472 

by  the  commissioners  to  the  attorney  general;  providing  for  invol- 
untary liquidation  by  trustees,  and  proceedings  in  connection  there- 
with; providing  for  exemption  of  property  of  associations  in  liquida- 
tion from  attachments,  executions  and  liens,  pending  liquidation; 
pro^Jiding  for  and  requiring  associations  to  procure  licenses,  pay 
assessments  levied  for  pro  rata  of  salaries  and  expenses,  and  to  make 
and  file  reports;  providing  penalties  for  violations  of  law  and  orders 
of  the  commissioners;  providing  for  succession  in  office,  and  repeal- 
ing all  acts  and  parts  of  acts  in  conflict  herewith,  [Approved 
March  21,  1905.  Stats.  1905,  p.  659.  Amended  1907,  p.  931;  1909, 
p.  544.] 

Repealed    1911,    p.    607. 
See   Act   428. 

TITLE  66. 
BURNT    OR   DESTROYED    RECORDS    OR    DOCUMENTS. 

ACT  434. 

Citations.      Cal.   155/199;    163/437.     App.   9/199;    11/162. 

ACT  435. 

Citations.      Cal.   162/107,    117;    163/438.      App.    12/300,    301,    302,    303,   304, 
305;  17/329. 

TITLE  68. 

BUTTER. 
ACT  471. 
To  prevent  deception  in  the  manufacture  and  sale  of  butter  and  cheese, 

to  secure  its  enforcement  and  to  appropriate  money  therefor.     [Stats. 

1897,  p.  65.] 

§  15.     Expressly  continued  in  force.     [Stats.  1911,  p.  977.] 

§  17.     Repealed.     [Stats.  1911,  p    977.] 
See  Act  473,  post. 

ACT  472. 

An  act  to  regulate  the  production  and  sale  of  certified  butter. 
[Approved   March   17,   1911.     Stats.   1911,  p.   382.] 

Certified  butter. 

§  1.  No  person  shall  sell  or  exchange,  or  oifer  or  expose  for  sale  or 
exchange,  as  and  for  certified  butter  any  butter  which  does  not  conform 
to  the  regulations  prescribed  by,  and  bear  the  certification  of,  a  milk 
commission  appointed  by  a  county  medical  society  organized  under  and 
chartered  by  the  medical  society'  of  the  state  of  California  and  which 
has  not  been  pronounced  by  such  authority  to  be  free  from  antiseptics, 
added  preservatives  and  pathogenic  bacteria.     All  butter  sold  as  certified 


Act  473,  §  1  GENERAL  LAWS.  986 

butter  shall  be  conspicuously  marked  with  the  name  of  the  commission 
certifying  it;  provided,  that  such  milk  commission  shall  make  all  re- 
quirements for  the  production  and  handling  of  certified  butter  uniform 
and  fair,  and  shall  not  refuse  to  certify  butter  for  any  applicant  for 
certification  who  shall  comply  with  the  provisions  of  this  act,  and  the 
requirements  of  the  milk  commission  whose  certificate  is  sought. 

Penalty  for  violation. 

§  2.  Any  person  who  shall  violate  any  of  the  provisions  of  this  act 
shall  be  guilty  of  a  misdemeanor  and,  upon  conviction,  shall  be  punislied 
by  a  fine  of  not  less  than  twenty-five  dollars  nor  more  than  two  hundred 
dollars,  or  by  imprisonment  in .  the  county  jail  for  not  less  than  ten 
days  nor  more  than  sixty  days. 

ACT  473. 

An  act  to  prevent  the  manufacture  or  sale  of  dairy  products  from  nn- 
healthy  animals,  or  that  are  produced  uiuler  unsanitary  conditions; 
to  prevent  deception  or  fraud  in  the  production  and  sale  of  dairy 
products,  and  in  the  manufacture  and  sale  of  renovated  butter  and 
oleomargarine;  to  license  the  manufacture  and  sale  of  renovated 
butter,  and  oleomargarine;  to  regulate  the  business  of  producing, 
buying  and  selling  dairy  products,  oleomargarine,  renovated  or  imita- 
tion butter  and  cheese;  to  provide  for  the  enforcement  of  its  provi- 
sions and  for  the  punishment  of  violations  thereof,  and  appropriating 
money  therefor  and  to  repeal  section  17  of  an  act  approved  March 
4,  1897,  entitled  "An  act  to  prevent  deception  in  the  manufacture 
and  sale  of  butter  and  cheese,  to  secure  its  enforcement,  and  to  ap- 
propriate money  therefor,"  and  to  repeal  all  acts  and  parts  of  acts 
inconsistent  with  this  act. 

[Approved  April  21,  1911.     Stats.  1911,  p.  939.] 

Sale  of  unclean  milk,  etc..  prohibited. 

§  1.  No  ])erson,  tinn  or  corporation,  by  themselves  or  their  agents  or 
employees,  shall  sell,  expose  for  sale,  or  offer  for  sale,  or  shall  exchange, 
present,  or  deliver  to  any  creamery,  cheese  factory,  milk  condensing  fac- 
tory, or  other  buyer  or  consumer  of  milk  or  milk  products,  any  unclean, 
unwholesome,  stale,  or  impure  milk,  cream,  butter  or  condensed  or  evapo- 
rated milk,  or  other  article  produced  from  such  milk  or  cream,  neither 
shall  any  person  or  persons,  firm  or  corporation,  by  themselves  or  their 
agents  or  employees,  sell,  expose  for  sale,  or  offer  for  sale,  or  exchange, 
present  or  deliver  to  any  consumer,  creamery,  cheese  factory,  milk  con- 
densing factory,  or  any  other  buj'er  or  consumer,  any  milk,  cream,  butter, 
cheese,  condensed  milk  or  other  products  manufactured  therefrom,  which 
has  been  produced  in  or  by  a  dairy,  or  factory  of  dairy  products,  or  that 
is  or  has  been  handled  in  any  store  or  depot,  that  is  in  an  unsanitary 
condition,  or  that  is  produced  from  cows  affected  by  any  disease,  or  from 
cows  within  five  days  after  or  fifteen  days  preceding  parturition. 


I 


987  BUTTER.  Act  473,  §§  2, 3 

Unsanitary  dairies. 

§  2.  A  dairy  sliall  be  cleeined  unsanitary  witliin  the  meaning  of  this 
act,  among  other  causes  that  render  milk,  or  products  made  therefrom, 
unclean,  impure,  and  unhealthy,  in  the  following  cases: 

(a)  If  the  drinking  water  is  stagnant,  polluted  with  manure,  urine, 
drainage,  decaying   vegetable   or  animal'  matter. 

(b)  If  the  yards  or  inclosures  are  filthy  or  unsanitary  or  if  any  part 
of  such  yards  or  inclosures,  other  than  pastures,  are  made  the  deposi- 
tories of  manure  in  heaps  or  otherwise  where  it  is  allowed  to  ferment 
and  decay. 

(c)  If  a  suitable  milk  house  or  room  is  not  provided  and  maintained, 
properly  screened  to  exclude  flies  and  insects,  for  the  purpose  of  cooling, 
mixing,  canning,  and  keeping  the  milk.  Said  milk  house  or  room  shall 
not  be  located  in  or  be  a  part  of  any  residence,  or  dwelling-house,  or  any 
barn  or  poultry-house,  and  shall  not  be  used  for  any  other  purpose  what- 
soever. 

(d)  If  any  milk  or  cream  shall  be  cooled,  stored,  mixed,  canned,  or 
kept  in  any  room  or  place  which  is  occupied  by  any  person  or  persons  as 
a  sleeping  or  living  apartment,  or  occupied  by  horses,  cows,  hogs  or  other 
animals,  or  fowls  of  any  kind,  and  if  the  milk  shall  not  be  cooled  to  as 
low  a  temperature  as  practicable  within  one  hour  after  it  is  drawn  from 
the   cows. 

(e)  If  any  urinal,  privy  vault,  open  cesspool,  horse  stable,  pigpen, 
stagnant  water,  accumulation  of  manure  or  other  filth  shall  be  permitted 
within  one  hundred  feet  of  any  such  milk  house  or  room,  or  within  fifty 
feet  of  any  cow  stalls  or  stanchions  or  other  place  where  milking  is 
done. 

(f)  If  the  walls  become  soiled  with  manure,  urine  or  other  filth. 

(g)  If  to  the  interior  of  cattle  stables,  barns,  milking  sheds,  milk 
house  or  room,  an  application  of  lime  whitewash  is  not  made  at  least 
once  in  two  years,  or  oftener  if  in  the  judgment  of  the  agent  of  the 
state  dairv  bureau  it  is  needed,  or  if  in  the  mangers,  or  other  receptacles 
from  which  cows  are  fed,  decaying  food  or  other  material  is  allowed  to 
accumulate. 

(h)  If  the  pails,  cans,  bottles  or  other  containers  of  milk,  or  its  prod- 
ucts, or  the  strainers,  coolers  or  other  utensils  coming  in  contact  with 
the  milk  or  its  products,  are  not  sterilized  by  boiling  water  or  super- 
heated steam  each  and  every  time  the  same  are  used. 

(i)  If  the  person  or  wearing  apparel  of  the  dairyman,  his  employees, 
or  other  persons,  who  come  in  contact  with  milk  and  its  products,  are 
soiled  or  not  washed  from  time  to  .time  with  reasonable  frequency. 

Unsanitary  creameries. 

§  3.  A  creamerv  or  any  factory  of  dairy  products,  or  any  store,  depot 
or  other  place  where  milk  is  handled  or  kept  for  sale,  shall  be  deemed 
unsanitarv  under  the  meaning  of  this  act,  among  other  causes  that  render 
milk,  or  products  made  therefrom,  unclean,  unwholesome,  impure,  stale 
or  of  low  grade  or  inferior  quality,  in  the  following  cases: 


Act  473,  §§  4,  5  GENERAL  LAWS.  988 

(a)  If  milk  or  cream  is  received  that  has  reached  an  advaticed  stage 
of  fermentation,  or  that  shows  a  state  of  putrefactive  fermentation,  or 
if  it  is  received  in  cans,  or  other  containers  that  have  not  been  sterilized 
by  means  of  boiling  water  or  superheated  steam  after  each  delivery. 

(b)  If  the  utensils  and  apparatus  that  come  in  contact  with  milk  or 
its  products  in  the  process  of  Tnanufacture  are  not  thoroughly  washed 
and  sterilized  by  means  of  boiling  water  or  superheated  steam,  after 
each  using. 

(c)  If  the  floor  is  so  constructed  as  to  permit  the  flowing  or  soaking 
of  water,  milk  or  other  liquids  underneath  or  among  the  interstices  of 
such  floor,  where  fermentation  and  decay  may  take  place,  or  if  such 
floor  may  not  be  readily  kept  free  from  dirt. 

(d)  If  drains  are  not  provided  that  will  convey  refuse  milk,  water 
and  sewage  away  to  a  point  at  least  fifty  yards  distant  from  such  cream- 
ery or  factory  of  dairy  products,  or  if  any  cesspool,  privy  vault,  hog- 
yard,  slaughter-house,  manure  or  any  decaying  vegetables  or  animal  mat- 
ter, shall  be  within  a  distance  that  will  permit  foul  odors  to  reach  any 
such  creamery  or  other  factory  of  dairy  products  or  store  or  depot  where 
milk  or  its  products  are  sold   or  handled. 

(e)  If  such  creamery  or  factory  of  dairy  products,  does  not  permit 
access  of  light  and  air  suflicient  to  secure  good  ventilation. 

(f)  If  in  any  building  or  buildings  used  in  connection  with  any  cream- 
ery, or  factory  of  dairy  products,  any  insects  or  other  species  of  animal 
life  are  permitted,  or  if  upon  the  floor,  the  sides  or  the  walls, 
any  milk  or  its  products,  or  any  other  filth  is  allowed  to  accumulate,  or 
ferment,  or  decay,  or  if  the  bodies  or  wearing  apparel  of  persons  em- 
ployed, or  coming  in  contact  with  any  milk  or  its  products,  in  any 
creamery,  or  factory  of  any  dairy  products,  shall  be  unclean  and  not 
washed  from   time   to   time   with   reasonable   frequency. 

Liquid  gallon  measure. 

§  4.  No  person,  firm  or  corporation  shall  hereafter  sell,  offer  for  sale, 
or  receive  for  the  purpose  of  sale,  any  milk,  skim  milk  or  cream,  except 
such  sale,  offer,  or  receipt,  shall,  as  to  quantity,  be  based  upon  the  liquid 
gallon,  containing  two  hundred  and  thirty-one  cubic  inches,  or  the  liquid 
quart  containing  fifty-seven  and  seventy-five  one-hundredths  cubic  inches 
or  the  proper  and  complete  liquid  subdivision  thereof.  Provided,  that 
nothing  in  this  act  shall  be  construed  as  prohibiting  the  buying  or  selling 
of  milk  or  cream  either  by  weight  or  on  the  basis  of  its  butter  fat  con- 
tents. And  provided,  further,  that  in  any  hotel,  restaurant,  or  other  eat- 
ing place,  where  milk  is  sold  with  meals,  or  where  it  is  sold  to  be  drunk 
immediately,  it  may  be  sold  by  the  glass. 

Pasteurized  butter.    Butter  to  be  sold  by  pound. 

§  5.  No  person  or  persons,  firm  or  corporation,  by  themselves  or  thiMr 
agents  or  employees,  shall  manufacture  for  sale,  offer  for  sale,  expose 
for  sale,  or  have  in  his,  its  or  their  possession  for  sale,  any  package  of 


989  BUTTER.  Act473,  §§G-8 

butter  upon  which,  or  upon  the  wrapper  or  container  of  which,  there  shall 
be  printed,  or  otherwise  marked,  the  word  pasteurize  or  any  of  its  de- 
rivatives, unless  in  the  process  of  the  manufacture  of  the  butter  con- 
tained therein  either  the  milk  or  cream  from  which  the  same  was  made 
shall  have  been  exposed  to  a  temperature  exceeding  one  hundred  and 
fifty  degrees  Fahrenheit,  or  unless  in  the  process  of  pasteurization  such 
milk  or  cream  be  heated  to  a  temperature  of  not  less  than  one  hundred 
and  forty  degrees  Fahrenheit  and  retarded  at  least  twenty  minutes  in 
the  heat  of  said  temperature. 

It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  sell,  offer 
for  sale,  or  to  cause  or  permit  to  be  sold  or  offered  for  sale,  any  butter 
in  prints  or  packages  or  otherwise  other  than  by  or  in  terms  of  pounds 
and  ounces,  avoirdupois,  or  for  a  greater  weight  than  the  true  net  weight 
thereof. 

Registration  of  dairies. 

§  6.  Every  person,  firm  or  corporation  operating  any  dairy,  where 
more  than  four  cows  are  milked,  and  every  creamery,  cheese  factory, 
receiving  station,  skimming  station,  ice-cream  or  ice  milk  manufacturer, 
or  milk  condensary,  shall  on  or  before  the  first  day  of  November  of  each 
year,  cause  to  be  registered  with  the  secretary  of  the  state  dairy  bureau 
a  statement  showing  the  full  name  and  address  of  such  person,  firm  or 
corporation  so  operating  the  same,  and  also  the  full  name  and  address 
of  the  owner  or  owners  of  the  business  so  being  operated,  in  case 
the  person  operating  the  same  is  not  the  owner,  together  with  a  state- 
ment of  the  class  of  such  business  carried  on  by  such  person  or  corpora- 
tion, and  the  number  of  cows  then  being  milked,  in  case  of  a  dairy. 

Annual  report. 

§  7.  The  secretary  of  the  state  dairy  bureau  shall  provide  blanks  for 
reporting  dairy  statistics,  and  he  shall  annually,  on  or  before  the  first 
day  of  October  each  year,  cause  to  be  mailed  to  each  person,  firm  or 
corporation  engaged  in  operating  any  dairy  making  butter  or  cheese  from 
more  than  four  cows,  and  to  all  dairies  where  more  than  four  cows  are 
milked,  and  to  all  creameries,  cheese  factories,  ice-cream  or  ice  milk 
manufacturers,  and  milk  condensaries,  one  or  more  of  such  blanks,  and 
each  such  person,  firm  or  corporation  shall,  on  or  before  the  first  day  of 
November  following,  make  out  and  transmit  to  said  secretary  of  the 
state  dairy  bureau  a  full  and  accurate  report  of  the  amount  of  butter, 
cheese  or  other  dairy  products,  manufactured  or  produced  during  the 
year  ending  September  30th,  and  the  dairies  shall  report  the  number  of 
cows  milked  during  said  year. 

Correct  designations  on  butter  wrappers. 

§  8.  In  case  any  butter  is  sold,  or  offered  for  sale,  in  a  package  or 
wrapper  purporting  to  designate  the  producer  of  such  butter,  such  pro- 
ducer must  be  correctly  designated;  and  if  under  a  label  purporting  or 
calculated  to  designate  the  place  of  production,  it  must  correctly  desig- 


Act  473,  §§9-11  GENERAL   LAWS.  990 

Date  the  place  where  made.  No  person,  firm  or  corporation  shall  put  up 
in  package  or  wrapper,  or  otherwise  prepare  for  shipment  or  sale,  any 
butter  under  a  label  purporting  to  designate  the  producer  or  place  of 
production,  except  in  accordance  with  the  provisions  hereof;  nor  shall 
any  person  sell  or  offer  for  sale  any  butter  in  a  package  or  wrapper  pur- 
porting to  designate  the  name  of  the  producer  or  the  place  of  produc- 
tion, except  in  accordance  with  the  provisions  hereof. 

Imitation  butter.     Imitation  cheese. 

§  9.  For  the  purposes  of  this  act,  every  article,  substance,  or  com- 
pound, other  than  that  produced  from  pure  milk,  or  cream  from  the 
same,  made  in  the  semblance  of  butter,  and  of  a  color  resembling  but- 
ter, by  whatever  means  the  coloring  is  accomplished,  an<l  designed  tn  be 
used  as  a  substitute  for  butter  macle  from  jiure  milk  or  cream,  is  hereby 
declared  to  be  imitation  butter;  and  for  the  purposes  of  this  act.  every 
article,  substance,  or  compound,  other  than  that  produced  from  pure 
milk,  or  cream  from  the  same,  made  in  the  semblance  of  cheese,  and 
designed  to  be  used  as  a  substitute  for  cheese  made  from  pure  milk  or 
cream,  is  hereby  declared  to  be  imitation  cheese;  provided,  that  the  use 
of  salt,  rennet,  and  harmless  coloring  matter  for  coloring  the  product 
of  pure  milk  or  cream,  shall  not  be  construed  to  render  such  product  an 
imitation;  and  provided,  that  nothing  in  this  section  shall  prevent  the  use 
of  pure  skimmed  milk  in  the  manufacture  of  cheese. 

Sale  of  imitation  butter  prohibited. 

§  10.  No  person,  by  himself  or  his  agents  or  servants,  shall  render, 
manufacture,  sell,  offer  for  sale,  expose  for  sale,  or  have  in  his  posses- 
sion with  intent  to  sell  or  to  use  or  to  serve  to  patrons,  guests,  boarders, 
or  inmates  in  any  hotel,  eating-house,  restaurant,  public  conveyance  or 
boarding-house,  or  public  or  private  hospital,  asylum  or  eleemosynary  or 
penal  institution,  any  article,  product  or  compound  made  wholly  or 
partly  out  of  any  fat,  oil  or  oleaginous  substance  or  compound  thereof, 
not  produced  directly  and  at  the  time  of  manufacture  from  unadulter- 
ated milk  or  cream  from  the  same,  which  article,  product,  or  compound 
shall  be  colored  in  imitation  of  butter  or  cheese  produced  from  unadulter- 
ated milk  or  cream,  or  be  made  to  resemble  yellow  butter  in  color,  by 
whatever  means  the  coloring  is  accomplished;  provided,  that  nothing  in 
this  section  shall  be  construed  to  prohibit  the  manufacture  or  sale, 
under  the  regulations  hereinafter  provided,  of  substances  or  compounds, 
designed  to  be  used  as  an  imitation,  or  as  a  substitute  for  butter  or 
cheese  made  from  pure  milk  or  cream  from  the  same,  in  a  separate  and 
distinct  form  not  resembling  butter  or  cheese,  and  in  such  a  manner  as 
will  advise  the  purchaser  and  consumer  of  its  real  character,  free  from 
coloration  or  ingredients  that  cause  it  to  look  like  butter  or  cheese 
made  from  pure  milk  or  cream,  the  product  of  the  dairy. 

Branding  oleomargarine.     Absence  of  markings. 

§  11.  Each  person,  who,  by  himself  or  another,  lawfully  manufactures 
any  oleomargarine,  or  any  substance  designed  to  be  used  as  a  substitute 


991  BUTTER.        Act473,  §§  12,  13 

for  butter  or  cheese,  shall  mark  the  same  by  branding,  stamping,  or 
stenciling  upon  the  top  and  sides  of  each  tub,  firkin,  box,  or  other  pack- 
age in  which  such  article  or  substance  shall  be  kept,  and  in  which  it 
shall  be  removed  from  the  place  where  it  is  produced  or  put  up,  in  a 
clear  and  durable  manner,  in  the  English  language,  the  words  "oleomar- 
garine," or  "substitute  for  butter,"  or  "substitute  for  cheese,"  as  the  case 
may  be,  in  printed  letters  in  plain  roman  type,  each  of  which  shall  not 
be  less  than  one  inch  in  height  by  one-half  inch  in  width,  and  in  addi- 
tion to  the  above  shall  prepare  a  statement,  printed  in  plain  roman 
type,  of  a  size  not  smaller  than  pica,  stating  in  the  English  language 
its  name,  and  the  name  and  address  of  tiie  manufacturer,  the  name  of 
the  place  where  manufactured  or  put  up,  and  also  the  names  and  actual 
percentages  of  the  various  ingredients  used  in  the  manufacture  of  such 
oleomargarine,  imitation  butter  or  imitation  cheese;  and  shall  place  a 
copy  of  said  statement  within  and  upon  the  contents  of  each  tub, 
firkin,  box,  or  other  package,  and  next  to  that  portion  of  each  tub, 
firkin,  box,  or  other  package,  as  is  commonly  and  most  conveniently 
opened,  and  shall  label  the  top  and  sides  of  each  tub,  firkin,  box,  or 
other  package  by  affixing  thereto  a  copy  of  said  statement,  in  such  man- 
ner, however,  as  not  to  cover  the  whole  or  any  part  of  said  mark  of 
"oleomargarine,"  "substitute  for  butter,"  or  "substitute  for  cheese." 
The  absence  of  the  markings  and  labelings  specified  in  section  11  hereof 
shall  always  be  construed  as  a  representation  that  the  contents  or  sub- 
stance in  question  is  butter,  or  cheese,  as  the  case  may  be. 

Shipping  oleomargarine. 

§  12.  No  person,  by  himself  or  another,  shall  knowingly  ship,  con- 
sign, or  forward  by  any  common  carrier,  whether  public  or  private,  any 
oleomargarine,  or  any  substance  designed  to  be  used  as  a  substitute  for 
butter  or  cheese,  unless  the  same  be  marked  and  contain  a  copy  of  the 
statement,  and  be  labeled  as  provided  by  section  11  of  this  act;  and  no 
carrier  shall  knowingly  receive  the  same  for  the  purpose  of  forwarding 
or  transporting,  unless  it  shall  be  manufactured,  marked,  and  labeled  as 
hereinbefore  provided,  and  unless  it  is  consigned  and  by  the  carrier 
receipted  for  by  its  true  name;  provided,  that  this  act  shall  not  apply 
to  any  goods  in  transit  between  foreign  states  across  the  state  of  Cali- 
fornia. 

All  oleomargarine  packages  to  be  marked. 

§  13.  No  person  or  his  agent  shall  knowingly  have  in  his  possession 
or  under  his  control  any  oleomargarine,  or  any  substance  designed  to  be 
used  as  a  substitute  for  batter  or  cheese,  unless  the  tub,  firkin,  box,  or 
other  package  containing  the  same,  shall  be  clearly  and  durably  marked 
and  labeled  as  provided  by  section  11  of  this  act,  and  also  contain  a 
copy  of  the  statement  required  by  said  section  11  of  this  act;  and  if  the 
tub,  firkin,  box,  or  other  package  be  opened,  then  a  copy  of  the  state- 
ment described  in  said  section  11  of  this  act,  shall  be  kept  with  its  face 
up,  upon  the  exposed  contents  of  said  tub,  firkin,  box,  or  other  package; 


Act473,§§  14-16  GENERAL   LAWS.  992 

provided,  that  this  section  shall  not  be  deemed  to  apply  to  persons  who 
have  the  same  in  their  possession  for  the  actual  consumption  of  them- 
selves or  family,  and  for  no  other  purpose. 

Conditions  covering  sale  of  oleomargarine. 

§  14.  No  person,  by  himself  or  another,  shall  sell,  or  offer  for  sale, 
or  take  orders  for  the  future  delivery  of  any  oleomargarine,  or  any  sub- 
stance designed  to  be  used  as  a  substitute  for  butter  or  cheose,  under  the 
name  of  butter,  or  under  the  pretense  that  the  same  is  butter  or  cheese; 
and  no  person,  by  himself  or  another,  shall  sell  any  substance  designed 
to  be  used  as  a  substitute  for  butter  or  cheese,  unless  he  shall  inform 
the  purchaser  distinctly,  at  the  time  of  the  sale,  of  its  true  name  and 
character,  and  that  the  same  is  a  substitute  for  butter  or  cheese,  as  the 
case  may  be,  and  shall  deliver  to  the  purchaser,  at  the  time  of  the  sale, 
a  separate  and  distinct  copy  of  the  statement  described  in  section  11 
of  this  act;  and  no  person  shall  use  in  any  way  in  connection  or  asso- 
ciation with  the  sale,  or  exposure  for  sale,  or  advertisement  of  any 
oleomargarine  or  any  substance  designed  to  be  used  as  a  substitute  for 
butter  or  cheese,  the  words  "butterine,"  "creamery,"  or  "dairy,"  or  the 
representation  of  a  cow  or  any  breed  of  dairy  cattle,  or  any  combina- 
tion of  such  words  and  representations,  or  any  other  words  or  symbols, 
or  combinations  thereof,  commonly  used  by  the  dairy  industry  in  the 
sale  of  butter  or  cheese. 

Hotel-keepers  to  notify  patrons  when  serving  oleomargarine. 

§  15.  Xo  keeper  or  proprietor  of  any  bakery,  hotel,  boarding-house, 
restaurant,  saloon,  lunch-counter,  or  other  place  of  public  entertainment, 
and  no  person  having  charge  thereof  or  employed  thereat,  and  no  person 
furnishing  board,  for  others  than  members  of  his  own  family,  and  no 
employee  w^here  such  board  is  furnished  as  the  compensation  or  as  a 
part  of  the  compensation  of  any  employee,  shall  place  before  any  patron 
or  employee,  for  use  as  food,  any  oleomargarine,  or  any  substance 
designed  to  be  used  as  a  substitute  for  butter  or  cheese,  unless  the  same 
be  accompanied  by  a  copy  of  the  statement  described  in  section  11  of 
this  act,  and  by  a  verbal  notification  to  said  patron  that  such  substance 
is  a  substitute  for  butter  or  cheese. 

Maintaining  actions  on  contract. 

§  16.  No  action  can  be  maintained  on  account  of  any  sale  or  other 
contract  made  in  violation  of,  or  with  intent  to  violate,  this  act.  by  or 
through  any  person,  who  was  knowingly  a  party  to  such  wrongful  sale 
or  other  contract. 

Every  person  having  possession  or  control  of  any  oleomargarine,  or 
any  substance  designed  to  be  used  as  a  substitute  for  butter  or  cheese, 
which  is  not  marked  as  required  by  the  provisions  of  this  act  shall  be 
presumed  to  have  known,  during  the  time  of  such  possession  or  control, 
that  the  same  was  imitation  butter,  or  imitation  cheese,  as  the  case  may 
be. 


993  BUTTER.  Act473,§§  17-20 

Erasing  labels. 

§  17.  No  person  shall  efface,  erase,  cancel,  or  remove  any  mark,  state- 
ment, or  label  required  by  this  act,  with  intent  to  mislead,  deceive,  or 
with  intent  to  violate  any  of  the  provisions  of  this  act. 

Butter  used  in  charitable  institutions. 

§  18.  No  butter  or  cheese  not  made  wholly  from  pure  milk  or  cream, 
salt,  and  harmless  coloring  matter,  shall  be  used  in  any  of  the  charitable 
or  penal  institutions  that  receive  assistance  from  the  state. 

Having  possession  of  oleomargarine.  Officer  serving  bench  warrant  to 
take  samples. 
§  19.  Wiioever  shall  have  possession  or  control  of  any  imitation  but- 
ter or  imitation  cheese  or  any  oleomargarine,  or  any  substance  designed 
to  be  used  as  a  substitute  for  butter  or  cheese,  or  any  renovated  butter, 
contrary  to  the  provisions  of  this  act,  shall  be  construed  to  have  pos- 
session of  property  with  intent  to  use  it  as  a  means  of  committing  a 
public  offense,  within  the  meaning  of  chapter  3,  of  title  12,  of 
part  2,  of  an  act  to  establish  a  penal  code;  provided,  that  it  shall 
be  the  duty  of  the  officer  who  serves  a  bench  warrant  issued  for  imita- 
tion butter  or  imitation  cheese,  or  oleomargarine,  or  any  substance 
designed  to  be  used  as  a  substitute  for  butter  or  cheese,  or  any  renovated 
butter,  to  deliver  to  the  agent  or  inspector  of  the  state  dairy  bureau, 
or  to  any  person  by  such  dairy  bureau  authorized  in  writing  to  receive 
the  same,  a  perfect  sample  of  each  article  seized  by  virtue  of  such  war- 
rant, for  the  purpose  of  having  the  same  analyzed,  and  forthwith  to 
return  to  the  person  from  whom  it  was  taken  the  remainder  of  each 
article  seized  as  aforesaid.  If  apy  sample  be  found  to  be  imitation  but- 
ter or  imitation  cheese,  or  oleomargarine,  or  a  substance  designed  to  be 
used  as  a  substitute  for  butter  or  cheese,  or  renovated  butter,  it  shall 
be  returned  to  and  retained  by  the  magistrate  as  and  for  the  purpose 
contemplated  by  section  1536  of  an  act  to  establish  a  penal  code;  but 
if  any  sample  be  found  not  to  be  imitation  butter  or  imitation  cheese, 
or  oleomargarine,  and  not  a  substance  designed  to  be  used  as  a  sub- 
stitute for  butter  or  cheese,  or  renovated  butter,  it  shall  be  returned 
forthwith  to  the  person  from  whom  it  was  taken. 

Each  package  of  oleomargarine  to  be  marked. 

§  20.  No  person,  firm  or  corporation,  by  themselves  or  their  agents 
or  employees,  shall  sell,  offer  for  sale,  or  expose  for  sale,  or  have  in  his, 
its,  or  their  possession  for  sale,  any  oleomargarine  or  any  renovated 
butter,  unless  the  same  shall  have  printed  upon  each  and  every  package, 
roll,  print,  square,  and  upon  any  container  of  such  renovated  butter  or 
oleomargarine,  the  words  "renovated  butter,"  or  the  word  "oleomar- 
garine," as  the  case  may  be  in  letters  not  less  than  one-half  inch  in 
height,  and  who  shall  not  have  secured  from  the  state  dairy  bureau, 
now  existing  under  the  laws  of  this  state,  a  license  as  provided  herein- 
after. 

63 


Act  473,  §§  21, 22      general  laws.  994 

Renovated  butter  defined. 

§  21.  The  term  renovated  butter  as  used  in  this  act  is  hereby  defined 
to  mean  and  include  butter  that  has  been  reduced  to  a  liquid  state  by 
melting  and  drawing  off  such  liquid  or  butter  oil  and  churning  or  other- 
wise manipulating  it  in  connection  with  milk  or  any  product  thereof. 

License  required  of  manufacturer,  etc.  Application  to  dairy  bureau. 
Fees.  Definitions.  Licenses  on  display.  Unlawful  to  handle,  etc., 
without  license. 

§  22.  No  person,  firm  or  corporation,  shall  engage  in  the  business  or 
occupation  of  manufacturing,  selling,  dealing  in,  or  furnishing  renovated 
butter,  oleomargarine,  or  any  substance  designed  to  be  used  as  a  sub- 
stitute for  butter,  without  first  having  applied  for  and  obtained  a 
license  so  to  do,  as  hereinafter  piovided.  Any  person,  firm,  or  corpora- 
tion, desiring  to  engage  in  the  business  or  occupation  of  manufacturing, 
selling,  dealing  in  or  furnishing  to  his,  its  or  their  patrons,  oleomar- 
garine, or  any  substance  designed  to  be  used  as  a  substitute  for  butter, 
or  imitation  butter,  or  adulterated  butter,  or  renovated  butter,  as  in  this 
act  defined,  shall  first  make  application  each  year  to  the  state  dairy 
bureau  for  a  license,  and  upon  payment  of  a  license  fee  of  the  amount 
mentioned  herein,  to  the  state  dairy  bureau,  said  bureau  shall  issue  to 
the  applicant  a  license.  All  such  licenses  shall  contain  the  following 
proviso:  Provided  that  this  license  does  not  authorize  the  holder  hereof 
to  manufacture,  sell,  deal  in  or  furnish  any  oleomargarine,  or  similar 
substances  designed  to  be  used  as  a  substitute  for  butter,  which  contain 
any  coloring  matter  or  which  resemble  yellow  butter  in  appearance.  All 
said  licenses  shall  expire  on  June  30th  of  each  year,  and  may  be  issued 
in  periods  of  one  year,  or  less  than  one  year,  upon  payment  of  a  pro- 
portionate part  of  the  license  fee.  The  fees  for  issuing  said  licenses  are 
hereby  fixed  at  the  amounts  below  named,  annually.  The  fee  for  issu- 
ing said  license  to  manufacturers  of  any  of  said  substances  within  this 
state  shall  be  one  hundred  dollars,  and  if  issued  to  wholesale  dealers 
in,  or  importers  or  agents  for  importers  of  any  of  said  substances  the 
fee  shall  be  fifty  dollars,  and  if  issued  to  retail  dealers  in  any  of  said 
substances  the  fee  shall  be  five  dollars,  and  if  issued  to  the  keeper  of 
any  hotel,  restaurant,  boarding-house  or  other  place  where  meals  are 
served  and  payment  is  received  therefor,  either  immediately  or  by  the 
day,  week  or  month,  the  fee  shall  be  two  dollars.  The  term  "wholesale 
dealer,"  as  used  in  this  section  22  hereof  includes  all  persons,  firms  or 
corporations,  who  sell  any  of  said  substances  in  quantities  of  ten  pounds 
or  more  at  a  time  or  in  the  same  transaction.  The  term  retail  dealer 
includes  all  persons  who  sell  only  in  quantities  of  less  than  ten  pounds. 
All  licenses,  while  in  force,  shall  be  kept  conspicuously  displayed  in  the 
place  of  business  of  the  party  or  parties  to  whom  they  have  been  issued. 

It  shall  be  unlawful  for  any  person,  firm  or  corporation,  to  manufac- 
ture, buy,  sell,  deal  in,  or  furnish  to  his,  its  or  their  patrons,  or  to  have 
in  possession,  for  any  purpose  whatsoever  other  than  for  consumption  in 


995  BUTTER.  Act  473,  §§  23, 24 

his  own  family,  or  for  transportation  in  case  of  a  boat  or  railroad  com- 
pany, or  fo'r  the  purjjose  of  storage  in  case  of  a  warehouse  or  cold  stor- 
age company,  any  oleomargarine,  or  similar  substance  designed  to  be 
used  as  a  substitute  for  butter,  or  any  substance  resembling  butter,  but 
not  made  wholly  from  pure  milk  or  cream,  or  any  imitation  butter,  or 
adulterated  butter,  or -renovated  butter,  as  in  this  act  defined,  without 
first  having  applied  for  and  obtained  from  the  state  dairy  bureau  of 
the  state  of  California,  the  license  herein  required. 

Disposition  of  fees. 

§  23.  All  license  fees  paid  to  the  state  dairy  bureau  under  this  act 
shall  be  paid  by  said  bureau  into  the  state  treasury,  and  shall  be  added  to 
the  appropriation  made  for  the  same  fiscal  year  for  the  state  dairy 
bureau,  and  its  expenditure  shall  be  at  the  disposal  of  said  bureau  for  its 
use. 

Records  of  sales,  etc.,  of  oleomargarine.  Records  open  to  inspection. 
Failure  to  keep  records  a  misdemeanor. 
§  24.  Every  person  firm  or  corporation  wto  la  icquired  by  the  pro- 
visions of  section  22  nereor  to  obtain  and  hold  a  manufacturer's  or  a 
wholesaler's  or  importer's  license  shall  keep  a  correct  record  in  a  form 
separate  from  all  other  business  in  which  every  sale  and  purchase  of 
renovated  butter,  imitation  butter,  oleomargarine,  or  any  substitute  for 
butter  or  substance  designed  to  be  used  as  a  substitute  for  butter,  or 
resembling  butter,  which  substance  is  not  made  wholly  from  pure  milk 
or  cream,  or  any  imitation  cheese  or  imitation  dairy  products  of  any 
kind,  shall  be  recorded  at  the  time  of  the  transaction,  giving  in  detail 
the  quantity  sold  or  purchased,  the  name  and  location  of  the  buyer  or 
seller,  the  date,  and  the  place  to  which  it  was  shipped  or  delivered,  and 
by  whom  the  order  or  sale  was  put  up  and  delivered.  Every  warehouse, 
cold  storage  company,  boat,  railroad  or  other  transportation  company 
shall  keep  a  correct  record  of  all  oleomargarine,  imitation  butter,  reno- 
vated butter,  substitute  for  butter,  imitation  cheese,  or  other  imitation 
dairy  products,  which  at  any  time  may  be  in  their  possession,  or  which 
may  be  transported  or  stored  by  them,  showing  the  owner,  the  quantity 
and  kind  of  goods,  the  date  when  stored,  and  when  removed,  in  case 
of  warehouses  and  cold  storage  companies,  and  showing  the  character 
of  goods  billed,  the  quantity,  the  name  and  address  of  consignor  and  con- 
signee, and  the  date  of  trarsportation,  in  case  of  boats  and  railroad 
companies.  All  said  records,  herein  required  to  be  kept,  shall  at  all 
times  during  business  hours,  be  open  to  the  inspection  of  the  agents 
and  inspectors  of  the  state  dairy  bureau,  and  of  any  officer  of  any  city 
or  county  board  of  health,  and  of  any  peace  officer  of  any  city  or  any 
county  of  the  state.  A  failure  to  keep  any  of  the  records  herein  re- 
quired to  be  kept  or  to  permit  the  inspection  of  such  records,  by  any 
inspector  or  agent  of  the  state  dairy  bureau,  or  of  any  city  or  county 
board  of  health,  or  by  any  peace  officer  of  any  city  or  county,  as  herein 


Act  473,  §  §  25, 26  general  laws.  996 

required,  is  hereby  declared  to  be   a  misdemeanor,   and  punishable   as 
provided  herein. 

Giving  false  reports  of  fat  tests  a  misdemeanor. 

§  25.  Any  person,  firm  or  corporation,  whether  as  principal,  agent, 
manager  or  otherwise,  who  buys  or  sells  dairy  products,  or  deals  in 
milk,  cream,  or  butter,  and  who  buys  or  sells  the  same  upon  the  basis 
of  their'  richness  or  weight,  or  the  percentage  of  cream  or  butter  fat 
contained  therein,  who  gives  or  reports  to  any  dairyman  or  patron  a 
false  test,  or  who  uses  any  apparatus,  test  bottle,  or  other  appliance, 
or  who  uses  the  "Babcock  test,"  or  machine  of  like  character,  for  testing 
such  dairy  products,  cream,  or  butter,  which  is  not  accurate  and  correct, 
or  which  gives  wrong  or  false  percentages,  or  which  is  calculated  in 
any  way  to  defraud  or  injure  the  person  with  whom  he  deals,  and  any 
owner,  manager,  agent,  or  employee  of  any  creamery,  condensary,  cheese 
factory,  or  other  person  who  falsely  manipulates,  underreads,  or  over- 
icttda  the  Babcock  test,  or  any  other  contrivance  used  for  determining 
the  quality  o*  -.-oinp  of  milk  or  cream,  is  guilty  of  a  misdemeanor. 

Dairy  bureau  to  examine  measures,  etc.  To  furnish  Babcock  tubes. 
May  test  tubes  for  factory. 
§  26.  The  state  dairy  bureau  shall  from  time  to  time  inspect  and 
examine  as  to  their  accuracy,  or  their  adaptability  to  give  accurate 
results,  all  glassware,  measures,  scales,  weights  and  other  apparatus  used 
in  creameries,  and  factories  of  dairy  products,  where  milk  and  cream 
are  purchased,  to  determine  the  amount  or  percentage  of  fat  in  milk 
or  cream.  Said  state  dairy  bureau  shall  supply  at  cost,  and  not  oftener 
than  once  a  year,  to  every  creamery,  or  other  "factory  of  dairy  products 
where  milk  and  cream,  or  either,  are  purchased,  on  application  not  more 
than  two  tubes  or  bottles  and  one  pipette  of  the  forms  used  with  the 
Babcock  test,  which  it  shall  first  examine  as  to  accuracy,  and  if  accurate, 
or  adapted  to  give  accurate  results  under  the  usual  method  of  operating 
the  Babcock  test,  said  state  dairy  bureau  shall  certify  to  this  by  mark- 
ing durably  and  permanently  ujion  each  and  every  "piece  of  apparatus 
supplied  the  letters,  "D.  B."  Said  state  dairy  bureau  shall  also,  upon 
payment  at  the  rate  of  one  dollar  for  each  dozen,  test  or  examine  into  the 
accuracy  of  all  test  bottles  or  tubes  and  pipettes  sent  to  it  direct  from 
any  creamery,  or  other  factory  of  dairy  products,  where  milk  or  cream 
are  purchased,  and  if  found  accurate,  or  adapted  to  give  accurate  results, 
the  letters  "D.  B."  shall  be  marked  aipon  each  piece  of  apparatus  ex- 
amined. The  state  dairy  bureau  shall  pay  all  money  received  for  mak- 
ing such  tests  or  examinations  into  the  state  treasury  and  the  same  shall 
become  a  part  of  the  appropriation  for  the  use  of  the  state  dairy  bureau, 
and  its  disposition  shall  be  at  the  disposal  of  the  state  dairy  bureau  in 
enforcing  the  provisions  of  this  act. 


997  BUTTER.  Act  473,  §§  27, 28 

standard  measures.  Cream  tests.  Bottles  not  to  be  condemned  within 
one  year. 

§  27.  The  state's  standard  measure,  or  pipette,  shall  have  a  capacity 
of  seventeen  and  six-tenths  cubic  centimeters,  and  the  standard  test 
tubes  or  bottles  for  milk  shall  have  a  capacity  of  one  cubic  centimeter 
of  mercury  at  a  temperature  of  65  deg-rees  Fahrenheit  between  "zero" 
and  "five"  on  the  graduated  scale  on  the  neck  thereof;  the  scale  to  have 
a  length  of  not  less  than  six  and  five-tenths  (6.5)  millimeters  for  each 
per  cent,  or  six  and  five-tenths  centimeters  between  zero  and  ten  on 
the  graduated  scale  on  the  neck  thereof.  Said  scale  to  be  graduated  to 
at  least  two-tenths  of  one  per  cent.  The  milk  fat  in  the  neck  of  said 
bottle  to  be  read  from  the  lower  line  of  separation  between  the  fat  and 
the  water  to  the  top  of  the  fat  column  at  a  temperature  not  lower  than 
131)  degrees  Fahrenheit  and  not  higher  than  140  degrees  Fahrenheit. 

All  cream  sold  in  the  state  of  California  on  the  basis  of  the  richness 
or  the  percentage  of  milk  fat  contained  therein,  shall  be  tested  by  the 
Babcock  test,  using  a  weighed  sample  of  eighteen  grams  or  a  weighed 
sample  of  nine  grams  (results  to  be  doubled),  weighed  on  a  balance 
sensitive  to  ten  milligrams,  and  tested  in  a  test  bottle  with  a  scale 
graduated  to  at  least  five  tenths  of  one  per  cent.  Said  scale  to  be  of  a 
length  of  at  least  one  centimeter  to  every  five  per  cent  where  an 
eighteen  gram  sample  is  used.  Where  a  nine  gram  sample  is  used  in  a 
bottle  graduated  for  eighteen  grams,  the  test  bottle  must  have  a  scale 
graduated  to  at  least  two-tenths  of  one  per  cent.  Said  scale  to  be  of 
a  length  of  at  least  two  centimeters  to  every  five  per  cent.  Where  a 
nine  gram  sample  is  used  in  a  bottle  graduated  for  nine  grams,  the 
test  bottle  shall  have  a  scale  graduated  to  five-tenths  of  one  per  cent 
and  shall  be  of  a  length  not  less  than  seven  centimeters  for  every  fifty 
per  cent.  The  milk  fat  in  the  test  bottle  shall  be  read  at  a  temperature 
not  lower  than  one  hundred  and  thirty  degrees  Fahrenheit  and  not  higher 
than  one  hundred  and  forty  degrees  Fahrenheit.  The  fat  column  must 
read  from  the  bottom  of  the  lower  meniscus  to  the  bottom  of  the  upper 
meniscus.  Provided,  however,  that  no  test  bottles  now  in  use  in  any 
creamery  or  other  factory  of  dairy  products  or  by  any  private  party 
in  this  state  shall  be  condemned  or  declared  unfit  for  use  prior  to  the 
expiration  of  one  year  from  the  taking  effect  of  this  act,  if  the  scale 
thereof  is  correctly  calibrated. 

Unlawful  to  sell  adulterated  milk.  "Product  of  milk."  Labels  to  con- 
form. Unlawful  to  use  "milk,"  etc.,  when  articles  do  not  conform. 
§  28.  It  shall  be  unlawful  for  any  person  to  produce,  manufacture  or 
prepare  for  sale,  or  to  sell  or  offer  for  sale,  or  have  on  hand  for  sale, 
any  milk,  including  condensed  or  evaporated  milk,  or  any  product  of 
milk,  that  is  adulterated  within  the  meaning  of  this  act.  The  words 
"product  of  milk"  as  used  in  this  act,  shall  not  apply  to  any  product  into 
which  milk,  or  a  product  of  milk,  may  enter  as  an  ingi-edient  or  com- 


Act  473,  §  29  GENERAL   LAWS.  998 

ponent  of  a  food  product  that  does  not  consist  of  milk,  or  milk  products 
alone,  such  as  pastry,  and  confectionery;  jirovided,  that  this  section  shall 
not  be  construed  to  prevent  the  use  of  common  salt  (chloride  of  sodium) 
in  dairy  products.  Any  label,  printed  matter,  or  advertising  or  de- 
scriptive matter  appearing  upon,  or  in  connection  with  any  package, 
parcel  or  quantity  of  milk  or  milk  products  when  being  sold,  offered  for 
sale,  or  having  on  hand  for  sale,  and  having  reference  to  the  article 
being  sold,  offered  for  sale,  or  on  hand  for  sale,  shall  conform  to  the 
provisions  of  this  act,  and  if  it  fails  to  conform  to  the  provisions  of 
this  act,  such  article  shall  be  deemed  adulterated  within  the  meaning  of 
this  act.  It  shall  be  unlawful  for  any  person  under  this  act,  when  sell- 
ing, or  offering  for  sale,  or  having  on  hand  for  sale,  milk  or  any  product 
of  milk  to  use  the  words  "milk,"  "condensed  milk,"  "sweetened  condensed 
milk,"  "skim  milk,"  "condensed  skimmed  milk,"  "evaporated  cream," 
"cream,"  "butter,"  "cheese,"  "buttermilk,"  "ice-cream,"  or  "ice  milk," 
either  verbally,  or  printed  or  written  on  any  label  or  printed  matter,  in 
connection  with  the  sale,  or  offering  for  sale,  or  having  on  hand  for  sale, 
of  milk  or  any  product  of  milk,  or  upon  any  bill  of  fare  used  in  any 
hotel,  restaurant  or  other  places  where  meals  are  served,  when  the  article 
shall  not  conform  to  the  standar^Ls  and  provisions  of  section  29  of  this 
act. 

When  milk,  cream,  butter,  etc.,  is  deemed  adulterated. 

§  29.  Milk  and  the  products  of  milk  enumerated  in  this  section  shall 
be  deemed  adulterated  within  the  meaning  of  this  act  if  it  or  they 
shall  not  conform  to  the  following  definitions  and  standards: 

(1)  Milk  is  the  fresh,  clean,  lacteal  secretion  obtained  by  the  com- 
plete milking  of  one  or  more  healthy  cows,  properly  fed  and  kept,  ex- 
cluding that  obtained  within  fifteen  (15)  days  before  and  five  (5)  days 
after  calving,  and  contains  not  less  than  three  (3.0)  per  cent  of  milk 
fat,  and  not  less  than  eight  and  five-tenths  (8.5)  per  cent  of  solids — not 
fat. 

(2)  Skim  milk  is  milk  from  which  a  part  or  all  of  the  cream  has  been 
removed  and  contains  not  less  than  eight  and  eight-tenths  (8.8)  per 
cent  of  milk  solids. 

(3)  Condensed  milk  or  evaporated  milk,  is  milk  from  which  a  consider- 
able portion  of  water  has  been  evaporated  and  contains  not  less  than 
twenty-four  and  five-tenths  (24.5)  per  cent  of  total  milk  solids,  including 
not  less  than  seven  and  seven-tenths  (7.7)  per  cent  of  milk  fat. 

(4)  Sweetened  condensed  milk  is  milk  from  which  a  considerable  por- 
tion of  water  has  been  evaporated  and  to  which  sugar  (sucrose)  has 
been  added,  and  contains  not  less  than  twenty-four  and  five-tenths  (24.5) 
per  cent  of  total  milk  solids,  including  not  less  than  seven  and  seven- 
tenths  (7.7)  per  cent  of  milk  fat. 

(5)  Condensed  skim  milk  is  skim  milk  from  which  a  considerable  por- 
tion of  water  has  been  evaporated,  and  contains  not  less  than  IS  per  cent 
of  milk  solids. 


999  BUTTER.  Act  473,  §  29 

(G)  Cream  is  that  portion  of  milk,  rich  in  milk  fat  which  rises  to 
the  surface  of  milk  ou  standing,  or  is  separated  from  it  by  centrifugal 
force,  is  fresh  and  clean  and  contains  not  less  than  eighteen  (IS)  per 
cent  of  milk  fat. 

(7)  Evaporated  cream,  or  clotted  cream,  is  cream  from  which  a  con- 
siderable portion  of  water  has  been  evaporated. 

(8)  Milk  fat,  or  butter  fat,  is  the  fat  of  milk  and  has  a  Reichert- 
Meissel  number  not  less  than  twenty-four  (24)  and  a  specific  gravity 
not  loss  than  .950  (40  degrees  C). 

(9)  Butter  is  the  clean,  nonrancid  product  made  by  gathering  in  any 
manner  the  fat  of  fresh  or  ripened  milk  or  cream  into  a  mass,  which 
also  contains  a  small  portion  of  the  other  milk  constituents,  with  or 
without  salt,  and  a  harmless  coloring,  and  contains  not  less  than  eighty 
(80)  per  cent  of  milk  fat. 

(10)  Cheese  is  the  sound,  solid,  and  ripened  product  made  from  milk 
or  cream,  by  coagulating  the  casein  thereof  with  rennet  or  lactic  acid, 
with  or  without  the  addition  of  ripening  ferments  and  seasoning,  and 
with  or  without  salt  and  harmless  coloring  matter.  All  cheese  marked 
"Full  cream  cheese,"  or  "Full  milk  cheese,"  must  contain  in  the  water- 
free  substance,  not  less  than  fifty  per  cent  (50%)  of  milk  fat.  All 
cheese  marked  "Half  skim  cheese,"  must  contain  in  the  water-free 
substance  not  loss  than  twenty-five  (25)  per  cent  of  milk  fat.  All  cheese 
not  plainly  marked  or  branded  as  to  its  quantity  must  contain  in  the 
water-free  substance  not  less  than  fifty  (50)  per  cent  of  milk  fat. 

(11)  Buttermilk  is  that  portion  of  the  cream  which  remains  after  the 
separation  and  removal  therefrom  of  the  butter  fat  in  the  process  of 
churning,  without  the  addition  of  water. 

(12)  Ice-cream  is  the  frozen  product,  made  from  pure  sweet  cream 
and  sugar  with  or  without  a  harmless  flavoring  or  coloring,  and  contains 
not  less  than  twelve  (12)  per  cent  of  milk  fat,  and  not  more  than  six- 
tenths  (.6)  of  one  per  cent  of  pure  and  harmless  vegetable  gum  or  gela- 
tin. 

(13)  Fruit  ice-cream  is  the  frozen  product  made  from  pure,  sweet 
cream,  sugar,  and  sound,  clean,  mature  fruits,  and  contains  not  less  than 
ten  (10)  per  cent  of  milk  fat,  and  not  more  than  six-tenths  (.6)  of  one 
per  cent  of  pure  and  harmless  vegetable  gum  or  gelatin. 

(14)  Nut  ice-cream  is  the  frozen  product  made  from  pure,  sweet  cream, 
sugar,  and  sound,  nonrancid  nuts,  and  contains  not  less  than  ten  (10) 
per  cent  of  milk  fat,  and  not  more  than  six-tenths  (.6)  of  one  per  cent 
of  pure  and  harmless  vegetable  gum  or  gelatin. 

(15)  Ice  milk  is  the  frozen  product,  containing  less  fat  than  ice- 
cream, and  made  from  pure,  sweet  milk  and  sugar,  with  or  without  a 
harmless  flavoring  or  coloring,  and  contains  not  less  than  two  and  four- 
tenths  (2.4)  per  cent  of  milk  fat,  and  not  more  than  six-tenths  (.6) 
of  one  per  cent  of  pure  and  harmless  vegetable  gum  or  gelatin. 


Act  473,  §§30-34  general  laws.  1000 

Unlawful  to  sell  skimmed  milk  not  properly  labeled. 

§  30.  It  shall  he  unlawful  for  any  person,  firm  or  corporation  to  sell, 
exchange  or  deliver,  or  to  offer  for  sale,  exfhangc  or  delivery,  or  to 
cause  or  permit  to  be  sold,  exchanged  or  delivereil,  or  to  be  offered 
for  sale,  exchange  or  delivery,  or  to  have  in  possession  for  sale,  ex- 
change or  delivery,  any  milk  from  which  any  part  of  the  cream  shall 
have  been  removed,  or  any  skimmed  milk,  unless  the  same  be  offered 
for  sale  and  sold  aa  skimmed  milk,  or  unless  there  shall  be  attached 
to  the  outside  of  everj-^  vessel,  can  or  package  from  or  in  which  such 
skimmed  milk  is  sold  or  held  for  exchange  or  delivery,  a  tag  upon  which 
shall  be  printed  in  black  letters  at  least  one  inch  in  height  the  word 
"skim"  or  the  words  "skimmed  milk." 

Milk  wagons,  etc.,  to  bear  name  of  owner. 

§  31.  All  wagons,  vehicles,  or  carts  from  which  market  milk,  cream, 
butter,  ice-cream,  buttermilk,  or  ice  milk  are  sold,  marketed,  delivered, 
or  peddled,  shall  have  the  name  and  address  of  the  owner  plainly  painted 
thereon,  in  letters  at  least  three  inches  high,  and  one  and  a  half  inches 
wide,  on  both  sides  of  such  vehicle. 

"Ice  milk"  to  be  properly  labeled. 

§  32.  It  shall  be  unlawful  for  any  person,  firm  or  corpuratiun  to 
manufacture  for  sale,  sell,  or  furnish  with  meals  or  drinks  which  are 
sold,  any  frozen  edibles,  made  principally  of  skimmed  milk,  or  prin- 
cipally of  milk,  unless  the  same  shall  conform  to  the  definitions  and 
standards  herein  fixed  in  section  29  for  "ice  milk"  or  "ice-cream." 

Unlawful  to  use  borax,  etc.,  to  prevent  souring.     Adding  coloring,  etc. 

§  33.  It  shall  be  unlawful  for  any  person  to  produce,  maunfacture 
or  prepare  for  sale,  or  to  sell,  or  to  offer  for  sale,  or  to  have  on  hand 
for  sale,  any  milk,  or  product  of  milk,  to  which  has  been  added,  or 
that  may  contain,  any  comjiound  of  boron,  salicylic  acid,  formaldehyde, 
or  other  chemical  or  substance  for  the  purpose  of  preventing  or  de- 
laj'ing  fermentation  or  souring.  It  shall  be  unlawful  for  any  person 
to  produce,  manufacture  or  prepare  for  sale,  or  to  sell,  or  to  offer  for 
sale,  or  to  have  on  hand  for  sale,  any  milk,  cream  or  condensed  milk 
to  which  any  coloring  matter  has  been  added  by  any  person,  or  to  which 
any  gelatin  or  other  substance  has  been  added  by  any  person  to  increase 
the  consistency  of  such  milk,  cream  or  condensed  milk,  so  as  to  make 
such  milk,  cream  or  condensed  milk  appear  richer  or  of  better  quality; 
provfded,  that  this  section  shall  not  be  construed  to  prohibit  the  use  of 
harmless  coloring  matter  and  common  salt  (chloride  of  sodium)  in  butter 
and  cheese. 

Unlawful  to  sell  ice-cream  not  conforming  to  standard.     Marking  ice  milk 
receptacles.     Marking   ice   milk    wagons.     Sellers   to   post   ice   milk 
signs. 
§  34.     It  shall  be  unlawful  for  any  person,  firm  or  corporation,  manu- 
facturing any  frozen  goods,  which  do  not  conform  to  the  standards  and 


1001  BUTTER.  Act  473,  §  34 

provisions  of  this  aet  for  ice-cream,  to  sell,  or  offer  to  sell,  or  represent 
the  same  as  ice-cream,  or  under  the  name  of  icecream;  and  all  frozen 
goods  which  do  not  conform  to  the  standards  and  requirements  of  this 
act  for  "ice-cream,"  but  which  do  conform  to  the  standards  and  require- 
ments for  "ice  milk"  herein,  for  the  purpose  of  this  aet,  shall  be  known 
as  "ice  milk,"  and  shall  be  sold  and  designated  as  "ice  milk,"  and*  not 
otherwise,  and  shall  be  billed  as  "ice  milk,"  and  every  person,  firm  or 
corporation  selling,  furnishing  or  delivering  to  any  person  any  such  "ice 
milk"  shall  distinctly  inform  the  purchaser  at  the  time  in  each  and  every 
instance  that  the  said  goods  are  "ice  milk."  The  absence  of  such  declara- 
tion shall  always  be  construed  as  a  representation  on  the  part  of  the 
vendor  that  the  goods  are  ice-cream. 

Every  tub,  receptacle  or  packer  in  which  there  shall  be  kept,  sold,  or 
delivered,  at  any  time,  any  "ice  milk,"  as  herein  defined,  shall  have  con- 
spicuously and  securely  attached  thereto  a  durable  tag,  giving  the  name 
and  address  of  the  manufacturer  or  vendor  of  the  same,  and  containing 
the  words  "ice  miljt"  in  letters  at  least  one  inch  high  and  one-half  inch 
wide,  and  containing  no  other  reference  to  the  name  or  character  of  the 
goods  therein  contained.  The  absence  of  such  tag  or  label  shall  always 
be  construed  as  a  representation  on  the  part  of  the  maker  or  vendor  that 
said  goods  are  ice-cream. 

Every  wagon,  vehicle  or  cart,  in  or  from  which  any  "ice  milk"  shall 
be  sold,  furnished,  delivered  or  peddled,  shall  have  plainly  and  durably 
painted  on  both  sides  thereof,  the  name  and  address  of  the  owner,  in 
letters  at  least  three  inches  high,  and  one  and  a  half  inches  wide,  and 
also  the  words  "ice  milk"  on  each  side  thereof,  in  letters  at  least  four 
inches  high,  and  two  inches  wide,  and  there  shall  be  no  other  reference 
to  the  name  or  character  of  the  goods  being  sold  or  delivered.  The 
absence  of  such  words  and  letters  shall  always  be  construed  as  a  repre- 
sentation on  the  part  of  the  owner  or  vendor  that  said  goods  are  ice- 
cream. 

Every  person,  firm  or  corporation,  who  sells,  keeps  for  sale,  delivers, 
or  furnishes  in  connection  with  meals,  or  in  connection  wdth  drinks,  or 
otherwise,  any  ice  milk,  within  the  meaning  of  this  act,  to  be  used  or 
eaten  on  the  premises  where  sold,  shall  keep  at  all  times  posted  or  hung 
in  at  least  two  conspicuous  places  within  the  premises,  and  in  plain  view 
of  the  public,  durable  signs  having  printed  or  painted  thereon  the  words 
"we  sell  ice  milk,"  or  "we  serve  ice  milk,"  in  letters  at  least  four  inches 
high  and  two- inches  wide.  The  absence  of  such  signs,  words  and  letters, 
as  herein  required  shall  always  be  construed  as  a  representation  on  the 
part  of  the  owner,  or  person  selling  or  serving  the  goods,  that  they  are 
ice-cream.  It  shall  be  unlawful  for  any  person,  firm  or  corporation  to 
manufacture,  sell,  deliver,  furnish,  serve,  or  keep  on  hand  any  ice  milk, 
within  the  meaning  of  this  act,  unless  the  same  is  done  in  compliance  with 
all  the  requirements  hereof.  • 


I 


Act  473,  §§  35, 36  general  laws.  1002 

Branding  cheese.  Dairy  bureau  to  furnish  brands.  Grades  of  cheese  de- 
fined.    Unlawful  to  sell  California  cheese  not  branded. 

§  35.  Every  person,  firm,  or  corporation,  who  shall  at  any  creamery, 
cheese  factory,  or  private  dairy,  manufacture  cheese  in  the  state  of  Cali- 
fornia, shall  at  the  place  of  manufacture,  brand  distinctly  and  durably 
on  the  bandage  of  each  and  every  cheese  manufactured,  and  upon  the 
package  or  box,  when  shipped,  the  grade  of  cheese  manufactured,  as 
follows:  "California  full-cream  cheese,"  '"California  half  skim  cheese," 
and  "California  skim  cheese." 

Al!  brands  for  branding  the  different  grades  of  cheese  shall  be  pro- 
cured from  the  state  dairy  bureau,  and  said  bureau  is  hereby  directed 
and  authorized  to  issue  to  all  persons,  firms,  or  corporations,  upon  appli- 
cation therefor,  uniform  brands,  consecutively  numbered,  of  the  different 
grades  herein  specified  in  section  35  of  this  act.  The  state  dairy  bureau 
shall  keep  a  record  of  each  and  every  brand  issued,  and  the  name  and 
location  of  the  manufacturer  receiving  the  same.  No  manufacturer  of 
cheese  in  the  state  of  California,  other  than  the  one  to  whom  such  brand 
is  issued,  shall  use  the  same,  and  in  case  of  a  change  of  location,  the 
party  shall  notify  the  bureau  of  such  change.  The  different  grades  of 
cheese  are  hereby  defined  as  follows:  Such  cheese  only  as  shall  have  been 
manufactured  from  pure  milk,  and  from  which  no  portion  of  the  butter 
fat  has  been  removed  by  skimming  or  other  process,  and  having  not  less 
than  fifty  per  cent  of  butter  fat  in  the  water-free  substance,  shall  be 
branded  as  "California  full-cream  cheese";  and  such  cheese  only  as  shall 
be  made  from  pure  milk,  and  having  not  less  than  twenty-five  per  cent 
of  butter  fat  in  the  water-free  substance,  shall  be  branded  "California 
half  skim  cheese";  and  such  cheese  only  as  shall  be  made  from  pure  skim- 
milk  shall  be  branded  "California  skim  cheese";  provided,  that  nothing 
in  this  section  shall  be  construed  to  applv  to  "Edam,"  "Brickstein," 
"Pineapple,"  "Limburger,"  "Swiss,"  or  handmade  cheese,  not  made  by 
the  ordinary  Cheddar  process.  No  person,  firm  or  corporation  shall  sell, 
or  offer  for  sale,  any  cheese,  manufactured  in  the  state  of  California,  not 
branded  by  an  oflScial  brand  and  of  the  grade  herein  defined  in  section 
35  of  this  act. 

"Persons"  defined.     Act  of  agent  deemed  act  of  corporation. 

§  36.  The  word  "persons,"  as  used  in  this  act.  shall  be  construed  to 
import  both  the  singular  and  plural,  as  the  case  demands,  and  shall  in- 
clude individuals,  corporations,  companies,  societies  and  associations. 
"When  construing  and  enforcing  the  provisions  of  this  act,  the  act,  omis- 
sion or  failure  of  any  employee,  officer,  agent  or  other  person,  acting  for 
or  employed  by  any  individual,  corporation,  company,  society  or  associa- 
tion, within  the  scope  of  his  em^doyment  or  office,  shall  in  every  case  also 
be  deemed  to  be  the  act,  omission  or  failure  of  such  individual,  corpora- 
tion, company,  society  or  associaition,  as  well  as  that  of  the  person.  The 
provisions  of  this  act  shall  be  construed  to  apply  to  hotel-keepers,  restau- 


1003  BUTTER.  Act  473,  §§37-39 

rant-keepers  and  boarding-house  keepers  or  any  person  who  shall  serve 
meals  and  accept  money  therefor. 

Agent  of  dairy  bureau  may  enter  premises.  Unlawful  to  interfere  with 
inspectors. 

§  37.  Every  agent  and  inspector  of  the  state  dairy  bureau,  and  every 
inspector  of  any  city,  county  or  state  board  of  health  is  hereby  authorized 
to  enter  upon  and  inspect  any  dairy,  dairy  premises,  creamery,  cheese 
factory,  ice-cream  factory,  or  other  place  where  dairy  products  of  any 
kind  are  being  j^roduced,  sold,  delivered  or  used,  or  where  they  suspect 
that  oleomargarine,  or  other  substances  designed  to  be  used  as  a  substi- 
tute for  butter,  or  renovated  butter,  or  imitation  butter,  or  imitation 
cheese  are  being  manufactured,  sold,  kept,  delivered,  transported  or 
stored  in  violation  of  any  of  the  provisions  of  this  act. 

It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  prevent  or 
interfere  with  the  duly  authorized  inspectors  or  agents  of  the  state  dairy 
bureau,  or  any  city,  county  or  state  board  of  heaith,  or  the  inspectors 
thereof,  from  entering  or  inspecting  any  place  or  premises  where  milk 
or  products  of  milk  or  where  oleomargarine,  or  imitation  butter  or  cheese, 
or  renovated  butter,  or  any  substance  designed  to  be  used  as  a  substitute 
for  butter,  are  produced,  manufactured,  prepared,  sold,  kept  for  sale,  fur- 
nished or  served,  or  to  prevent  or  interfere  with  such  inspectors  or  agents 
in  the  event  they  deem  it  advisable  to  secure  samples  of  millv  or  milk 
products,  or  oleomargarine,  or  imitation  butter  or  cheese,  or  renovated 
butter,  or  any  substance  designed  to  be  used  as  a  substitute  for  butter, 
at  or  from  any  such  place  or  person,  for  the  purpose  of  ascertaining 
whether  this  act  is  being  violated,  or  to  interfere  with  or  prevent  any 
such  inspector  or  agent  from  examining  any  record  or  books  required  by 
the  provisions  of  this  act  to  be  open  to  the  inspection  of  the  state  dairy 
bureau,  or  its  agents. 

Failure  to  conform  to  act  a  misdemeanor. 

§  38.  It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  fail, 
neglect  or  refuse  to  do  any  of  the  things  required  to  be  done  by  the 
provisions  of  this  act;  and  it  shall  be  unlawful  for  any  person,  firm  or 
corporation  to  do  any  of  the  things  prohibited  by  the  provisions  of  this 
act;  and  in  every  case  the  failure,  neglect  or  refusal  to  do  anything  re- 
quired by  this  act,  and  the  doing  of  anything  prohibited  by  this  act,  is 
hereby  declared  to  be  a  misdemeanor,  and  shall  be  punished  as  herein 
provided. 

Penalty  for  violating  sections  9  to  24. 

§  39.  Whoever  shall  violate  any  of  the  provisions  of  sections  9  to 
24  both  inclusive  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall,  upon  conviction  thereof,  be  punished  for  the  first  offense,  by  a 
fine  of  not  less  than  fifty  dollars,  nor  more  than  one  hundred  and  fifty 
dollars;  or  by  imprisonment  in  the  county  jail  for  not  exceeding  thirty 
days;   and  for  each  subsequent  offense,  by  a  fine   of  not  less  than,  one 


Act  473,  §§40-43  general  laws.  1004 

hundred  and  fifty  dollars  nor  more  than  three  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  for  not  less  than  thirty  days,  nor  more 
than  six  months,  or  by  both  such  fine  and  imprisonment,  at  the  dis- 
cretion of  the  court. 

Penalty  for  violating  sections  25  to  35,  and  37. 

§  40.  Whoever  shall  violate  any  of  the  provisions  of  sections  25  to 
35,  both  inclusive,  or  of  section  37  of  this  act,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  shall,  upon  conviction  thereof,  be  punished  by  a 
fine  of  not  less  than  twenty-five  dollars  nor  more  than  two  hundred  dol- 
lars; or  by  imprisonment  in  the  county  jail  for  not  less  than  ten  days 
and  not  exceeding  sixty  days,  or  by  both  such  fine  and  imprisonment, 
at  the  discretion  of  the  court. 

Other  sections. 

§  41.  Whoever  shall  violate  any  of  the  provisions  of  this  act  other 
than  sections  9  to  35,  both  inclusive,  and  section  37  (the  punishment  for 
which  is  provided  in  sections  39  and  40  hereof)  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a 
fine  of  not  less  than  ten  dollars  nor  more  than  two  hundred  dollars,  or 
by  imprisonment  in  the  county  jail  for  a  pesiod  of  not  less  than  ten  days 
nor  more  than  one  hundred  days,  or  by  both  such  fine  and  imprisonment. 

Disposition  of  fines. 

§  42.  One-half  of  all  the  fines  imposed  for  the  violation  of  any  of  the 
provisions  of  this  act  shall  be  paid  to  the  county  in  which  the  fine  is 
imposed.  The  other  one-half  shall  be  paid  to  the  state  treasurer  and 
shall  become  part  of  and  is  hereby  appropriated  to  the  "state  school 
fund." 

Dairy  bureau  to  enforce  act.  Statistics  of  dairy  industry.  Report  of 
contagious  diseases  among  cattle.  Officers  of  dairy  bureau.  Inspec- 
tions. 
§  43.  It  shall  be  the  duty  of  the  state  dairy  bureau,  now  existing 
under  the  laws  of  this  state,  to  enforce  the  provisions  of  this  act;  pro- 
vided, that  nothing  in  this  act  shall  be  construed  to  prevent  any  city  or 
county  board  of  health  or  other  city  or  county  official  from  enforcing  the 
provisions  of  this  act;  and  provided,  further,  that  no  conviction  sliall  be 
had  where  a  conviction  is  sought  upon  any  alleged  sample  of  milk,  or 
product  of  milk,  unless  such  sample  has  beei;  taken  in  duplicate,  sealed 
and  marked  for  identification  and  one  of  such  samples  left  with  the  per- 
son accused.  The  state  dairy  bureau  is  authorized  under'  this  act  to 
gather  and  compile  statistics  relative  to  the  dairy  industry,  and  to  dis- 
seminate the  same  and  other  information  useful  to.  and  to  the  general 
good  and  development  of  the  dairy  industry  of  the  state,  and  to  do  such 
other  things  as  will  tend  to  promote  the  dairy  industry  of  the  state. 
Whenever  anj'  agent  or  inspector  of  the  state  dairy  bureau  shall  discover 
the  existence  of  any  contagious  or  infectious  disease  among  dairy  cattle, 


1005  BUTTER.  Act  473,  §§  44, 45 

or  have  reason  to  believe  that  such  disease  may  exist,  the  same  shall  be, 
immediately  reported  to  the  state  veterinarian.  The  state  dairy  bureau 
sliall  have  ])ower  to  employ  an  agent  or  secretary  at  a  salary  of  twenty- 
four  hundred  dollars  a  year,  and  such  inspectors,  assistants  and  chemists 
as  from  time  to  time  it  may  deem  necessary  for  the  proper  enforcement 
of  the  provisions  of  this  act,  and  to  fix  the  compensation  of  such  inspec- 
tors at  not  to  exceed  five  dollars  per  day,  exclusive  of  their  necessary 
and  actual  expenses,  such  expenses  to  be  itemized  and  rendered  under 
oath,  or  one  hundred  and  twenty-five  dollars  per  month  exclusive  of  their 
necessary  and  actual  expenses.  Such  agents  shall  have  had  experience 
in  the  manufacture  of  dairy  products  and  the  handling  of  dairy  cattle. 
The  state  dairy  bureau,  through  its  agent  and  secretary,  and  assistant 
agents,  shall  inspect  the  dairies,  lUiiry  cattle,  creameries  and  other  fac- 
tories of  dairy  products,  markets  and  other  places  where  dairy  products 
are  prepared  or  handled,  and  keep  a  careful  record  of  such  inspectioa 
and  report  the  same  to  the  state  dairy  bureau  and  upon  evidence  ob- 
tained that  anv  of  the  provisions  of  this  act  are  being  violated,  the  state 
dairy  bureau,  through  its  agent  and  secretary,  or  its  inspectors,  shall 
duly  enter  complaint  against  the  party  or  parties,  responsible  for  such 
violations  and  cause  the  same  to  be  prosecuted,  except  in  cases  where 
any  dairy,  creamery  or  other  factory  of  milk  products,  or  store  or  depot 
where  milk  and  its  products  are  handled  and  sold,  is  found  to  be  in  an 
unsanitary  condition,  in  which  case  the  agent  and  secretary,  or  the  in- 
spector, for  the  district  in  which  the  violation  occurred,  shall  serve  upon 
the  owner,  or  owners,  or  person  in  charge  of  the  dairy,  creamery  or  other 
factory  of  milk  products  so  found  to  be  in  an  unsanitary  condition,  a 
written  notice  specifying  in  detail  the  changes  required  to  be  made  to 
place  such  dairy,  creamery,  or  other  factory  of  milk  products  or  store  or 
depot  in  a  sanitary  condition  as  defined  in  this  act.  Should  such  changes 
not  have  been  made  at  the  expiration  of  thirty  days  after  the  date  when 
the  notice  was  served,  the  state  dairy  bureau,  through  its  agent  and 
secretary,  or  its  insp'ectors,  shall  enter  complaint  against  the  person  or 
persons  responsible  for  such  unsanitary  conditions  and  cause  them  to  be 
prosecuted  for  violating  this  act. 

Duty  of  district  attorney  to  bring  actions. 

§  44.  It  shall  be  the  duty  of  the  district  attorney  of  each  and  every 
county  of  this  state,  upon  application  of  the  state  dairy  bureau,  or  its 
agent  and  secretary,  or  any  of  its  inspectors  or  assistant  agents,  to 
attend  to  the  prosecution,  in  the  name  of  the  people,  of  any  action 
brought  for  the  violation  of  any  of  the  provisions  of  this  act  within  his 
county.  - 

Act  of  1897  continued. 

§  45.  The  provisions  of  section  15  of  the  act  approved  March  4,  1897, 
entitled  "An  act  to  prevent  deception  in  the  manufacture  and  sale  of 
butter  and  cheese,  to  secure  its  enforcement,  and  to  appropriate  money 
therefor,"  are  hereby  expressly  continued  in  force;  and  the  present  state 


Acts  502,  511  GENERAL   LAWS.  1006 

dairy  bureau  shall  continue  in  existence  in  all  respects  as  now  consti- 
tuted under  existing  laws;  and  the  members  thereof  shall  continue  to  be 
chosen  and  appointed  in  all  respects  as  now  provided  under  existing 
laws;  the  intention  being  that  the  existing  laws,  under  which  said  bu- 
reau is  constituted  and  now  exists  and  by  which  its  powers  are  con- 
ferred and  its  duties  are  prescribed,  shall  in  no  way  be  impaired  or 
affected  by  this  act. 

Bepeal. 

§  46.  Section  17  of  an  act  entitled  "An  act  to  prevent  deception  in 
the  manufacture  and  sale  of  butter  and  cheese,  to  secure  its  enforcement, 
and  to  appropriate  money  therefor,"  approved  March  4,  1897,  is  hereby 
repealed. 

§  47.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of 
this  act  are  hereby  repealed. 

TITUB  71a. 

CALIFORNIA  PIONEERS. 

ACT  502. 

An  act  making  an  appropriation  to  assist  in  the  erection  of  a  monument 
to   the    memory    of   the    pioneers    of    California,    near    Donner    lake, 
Nevada  county,  state  of  California,  and  providing  for  the  payment 
thereof.     [Approved  May   1,   1911.     Stats.   1911.  p.  13(57.] 
The  act  appropriated  five  thousand  dollars  for  the  purpose  indicated. 

TITLE  73. 

CALIFORNnA   REDWOOD   PARK. 
ACT  511. 

An  act  providing  for  the  management  of  the  California  Redwood  Park 
and  creating  a  board  of  five  commissioners  with  power  to  manage 
said  California  Redwood  Park. 

[Approved  February   6,   1911.     Stats.   1911,   p.   8.] 
Amended  1913,  p.  20. 

Redwood  Park  commission. 

§  1.  The  governor  of  the  state  of  California  shall  appoint  four  com- 
missioners, who  with  himself,  shall  constitute  the  California  Redwood 
Park  commission.  The  term  of  office  of  the  members  of  said  commission 
shall  be  four  years  from  and  after  the  date  of  their  appointment.  The 
commission  shall  select  from  its  members  a  president  and  secretary. 
The  members  of  the  commission  shall  serve  without  compensation.  They 
shall  be  allowed  and  paid  out  of  the  funds  available  therefor,  all  reason- 
able traveling  expenses  which  may  be  incurred  by  the  members  of  said 
commission  in  the  performance  of  their  various  duties. 


1007  CALIFORNIA  REDWOOD  PARK.  Act  511a,  §  1 

Powers.     Warden. 

§  2.  The  said  California  Redweed  Park  commission  shall  have  full 
power  and  control  over  the  said  park  and  over  any  and  all  funds  pro- 
vided for  the  care,  preservation,  maintenance,  and  improvement  of  the 
same  and  shall  make  and  enforce  all  necessary  rules  and  regulations  for 
the  care,  preservation,  maintenance  and  improvement  of  the  same,  and 
shall  have  power  to  employ  a  warden  and  necessary  assistants  for  the 
preservation  of  said  park  and  for  any  and  all  purposes  herein  specified. 
The  compensation  of  such  warden  and  his  assistants  shall  be  fixed  by 
the  said  commission.  The  compensation  of  the  warden,  however,  shall 
not  exceed  the  sum  of  one  thousand  five  hundred  dollars  per  annum. 

Commission  may  accept  gifts. 

§  2^/2!  The  said  California  Redwood  Park  commission  shall  have  the 
right,  power  and  authority  to  receive  and  accept,  either  in  the  name  of 
said  commission  or  in  the  name  of  the  people  of  the  state,  by  gift, 
devise,  grant  or  other  conveyance,  real  property  or  any  interest  therein, 
including  water,  water  rights,  roads,  trails  and  rights  of  way,  to  be 
added  to  or  used  in  connection  with  said  California  Redwood  Park;  also 
to  receive  and  accept,  by  gift,  donation,  contribution,  or  bequest,  money 
to  be  used  in  acquiring  or  improving  real  estate  as  a  part  of  or  in  con- 
nection with  said  California  Redwood  Park;  also  to  receive  and  accept 
personal  property  in  the  same  manner  for  purposes  connected  with  said 
park;  also  to  acquire  bj'  purchase,  or  by  condemnation  proceedings 
brought  either  in  the  name  of  said  California  Redwood  Park  commission 
or  in  the  name  of  the  people  of  the  state  of  California,  such  real  and 
personal  property  as  shall  he  necessary  or  proper  for  the  extension,  im- 
provement or  development  of  said  California  Redwood  Park.  [New  sec- 
tion added  April  5,  1913;  Stats.  1913,  p.  20.] 

§  3.  All  acts  or  parts  of  acts  inconsistent  with  the  provisions  of  this 
act,  are  hereby  repealed. 

§  4.     This  act  shall  take  effect  immediately. 

ACT  511a. 

An  act  to  provide  for  the  survey  and  construction   of  a  state  highway 
from  Saratoga  Gap,  on  the  line  between  the  counties  of  Santa  Clara 
and   Santa   Cruz,   to,   into   ard  within   California  Redwood  Park   in 
Santa  Cruz  county,  and  making  an  appropriation  therefor. 
[Approved   June    13,    1913.     Stats.    1913,   p.    855.] 

Appropriation:  state  highway,  Saratoga  Gap  to  Bloom's  mill. 

§  1.  There  is  hereby  appropriated  out  of  any  money  in  the  state  treas- 
ury nut  otherwise  appropriated,  the  sum  of  seventy  thousand  dollars  for 
the  survey  and  construction  of  a  state  highway  from  a  point  known  as 
Saratoga  Gap  on  the  line  between  the  counties  of  Santa  Clara  and  Santa 


Act  511b,  §§  1,  2  GENERAL  LAWS.  1008 

Cruz,  extending  thence  by  the  most  practicable  route  in  a  generally 
southwesterly  rlirection  along  the  ridge  between  the  San  Lorenzo  and 
Peseadero  creeks  to  the  present  boundary'  of  the  California  Redwood 
Park,  thence  into  the  California  Redwood  Park  in  Santa  Cruz  county  to 
Governor's  Camp,  and  thence  through  said  park  to  the  boundary  thereof 
at  Bloom's  mill. 

Eight  of  way. 

§  2.  No  portion  of  this  appropriation  shall  be  available  until  a  strip 
of  land  or  right  of  way  not  less  than  two  hundred  feet  in  width  for 
said  road,  along  said  route  from  the  Santa  Clara  county  line  to  the 
present  boundary  of  said  California  Redwood  Park  has  been  deeded  to 
or  otherwise  acquired  by  the  state  of  California  to  form  a  part  of  said 
California  Redwood  Park. 

Work  under  department  of  engineering. 

§  3.  The  work  of  locating,  surveying  and  constructing  said  highways 
is  hereby  placed  under  the  management  of  the  state  department  of  en- 
gineering, and  it  shall  be  the  duty  of  the  said  department  to  locate,  sur- 
.vey  and  construct  said  road  aUmg  the  route  herein  mentioned,  subject 
to  the  approval  of  said  California  Redwood  Park  commission. 

§  4.  The  state  controller  is  hereby  directed  to  draw  his  warrant  in 
Buch  sums  and  at  such  times  as  the  state  engineer  may  present  claims 
therefor  and  the  state  treasurer  is  hereby  directed  to  pay  the  same. 

TITLE  73a. 

CALIFORNIA    SCHOOL   FOR   GIRLS. 
ACT  511b. 

An  act  to  establish  a  state  training  school  for  girls;  to  provide  for  the 
maintenance  and  management  of  the  same,  and  to  make  an  appro- 
priation therefor. 

[Approved  June  14,  1913.     Stats.  1913,  p.  857.] 

California  school  for  girls. 

§  1.  Tliere  is  hereby  established  a  state  training  school  for  the  con- 
finement, discipline,  and  instruction  of  such  girls  as  may  be  committed 
to  it  by  law,  to  be  known  as  the  California  school  for  girls. 

Trustees.     Vacancies. 

§  2.  The  government  and  management  of  said  school  shall  be  vested 
in  a  board  of  five  trustees,  who  shall  be  appointed  by  the  governor  for 
a  term  of  four  years  and  until  their  successors  are  appointed  and  quali- 
fied; provided,  that  of  the  trustees  first  appointed  two  shall  be  for  a 
term  of  four  years,  one  for  a  term  of  three  years,  one  for  a  term  of 
two  years  and  one  for  a  term  of  one  year,  commencing  within  thirty 
days  after  this  act  becomes  effective.     Whenever  a  vacancy  occurs  the 


1009  CALIFORNIA  SCHOOL  FOR  GIRLS.      Act  511b,  §§  3-G 

appointment  to  fill  the  same  shall  be  made  by  the  governor  for  the  re- 
mainder of  the  term.  Such  trustees  shall  receive  no  compensation  for 
their  services,  but  shall  be  allowed  their  reasonable  traveling  and  other 
oflicial  expenses. 

Officers. 

§  3.  The  board  of  trustees. shall  elect  annually  from  their  own  num- 
ber a  president,  vice-president,  and  secretary,  whose  terms  of  office  shall 
be  one  year,  or  until  their  successors  are  elected  and  qualified.  The 
board  shall  appoint  a  superintendent,  not  of  their  own  number,  who  shall 
be  a  woman  qualified  by  training  and  experience  for  the  character  of 
work  to  be  done  at  this  school,  and  fix  her  salary  at  not  to  exceed 
twonty-four  hundred  dollars  per  annum.  Such  superintendent  shall  hold 
office  at  the  pleasure  of  the  board. 

Rules  and  regulations. 

§  4.  The  board  of  trusfces  shall  make  all  needful  rules  and  regula- 
tions for  the  transaction  of  its  business  and  for  the  management  and 
government  of  said  school.  It  shall  determine  the  number,  title  and 
duties  of  all  other  officers  and  employees,  and  fix  the  salaries  thereof. 
It  shall  see  that  discipline  is  maintained  and  that  proper  education  is 
provided,  to  the  end  that  those  committed  to  its  charge  shall  be  prepared 
to  become  honorable,  self-supporting  members  of  society.  It  is  author- 
ized and  required  to  make  all  contracts  for  the  operation  and  mainte- 
nance of  said  school  that  may  be  necessary,  subject  to  the  limitations 
prescribed  by  law. 

Not  to  be  interested  in  contract. 

§  5.  No  trustee  or  employee  of  such  school  shall  be  interested  per- 
sonally, directly  or  indirectly,  in  any  contract,  purchase  or  sale  made, 
or  any  business  carried  on  in  behalf  of,  or  for  such  institution,  and  any 
money  so  paid  on  such  contracts  or  sales  may  be  recovered  by  civil  suit, 
and  it  shall  be  the  duty  of  the  governor  or  the  board  of  trustees,  as 
the  case  may  be,  upon  proof  of  the  fact  of  such  interest,  to  remove 
immediately  such  trustee  or  employee. 

Superintendent's  bond,  duties,  etc. 

§  6.  The  superintendent  shall,  before  entering  upon  the  discharge  of 
her  duties,  make  and  file  with  the  board  of  trustees  an  oath  that  she  will 
faithfully  and  impartially  discharge  the  same,  and  file  a  bond  in  the 
sum  of  t"en_thousand  dollars  running  to  the  state  of  California,  and  with 
sureties  to  be  approved  by  said  boari,  conditioned  upon  the  faithful 
performance  of  her  said  duties.  She  shall  thereupon,  subject  to  the 
regulations  prescribed  by  the  board,  be  invested  with  the  custody  of  the 
lands,  buildings  and  alf  other  property  belonging  to  and  under  the  con- 
trol of  said  school,  subject  to  the  direction  of  said  board,  and  shall 
account  to  it  in  such  manner  as  it  may  require  for  all  property  intrusted 
to  her  and  all  moneys  received  by  her  as  such  superintendent,  for  said 
64 


Act  511b,  §§  7-11  GENERAL  LAWS.  1010 

school  or  any  of  its  inmates.  She  shall  appoint,  except  as  Tiereinbefore 
provided,  all  officers  and  employees  of  said  school,  who  shall  hold  office 
at  her  pleasure. 

Bond  of  officers. 

§  7.  The  board  of  trustees  shall  require  such  officers  as  may  be  in- 
trusted with  money  belonging  to  the  school  or  its  inmates,  or  as  may  be 
placed  in  a  position  of  trust  and  responsibility  in  the  custody  of  p'op 
erty,  or  in  the  handling  of  supplies  belonging  to  the  school,  to  give  bond 
with  securities  to  be  approved  by  the  board,  in  such  sum  as  it  may 
determine,  conditioned  upon  the  faithful  performance  of  the  duties  re- 
quired and  the  faithful  accounting  for  all  money  and  property  coming 
into  their  hands,  or  under  their  control,  by  virtue  of  such  office. 

Conduct  of  school. 

§  8.  The  board  of  trustees  shall  cause  said  school  to  be  conducted 
as  may  seem  best  calculated  to  carry  out  the  intentions  of  this  act. 
There  shall  be  organized  a  course  of  study  corresponding  as  far  as 
practicable  with  the  course  of  study  in  the  public  schools  of  the  state. 
There  shall  also  be  provided  in  said  school  the  proper  facilities  and 
equipment  for  vocational  training  such  as  domestic  science,  dressmaking, 
horticulture,  agriculture  and  such  busiuess  instruction  as  may  be  prac- 
ticable for  women,  and  such  instruction  and  training  given  to  each  and 
every  inmate  committed  to  said  school  to  the  end  that  every  inmate  may, 
upon  discharge,  be  qualified  for  honorable  and  profitable  employment. 

Superintendent  to  reside  at  school. 

§  9.  The  superintendent  shall  reside  at  the  school  and  shall  be  fur 
nished  suitable  quarters,  furniture,  food  supplies,  and  laundry  for  herself 
and  family.  The  board  may  make  similar  provision  for  such  other 
officers  and  employees  as  the  interests  of  the  school  may  require  to  reside 
on  the  premises. 

Commitments. 

§  10.  The  said  school  shall  receive  into  its  custody  all  girls  who  may 
be  committed  to  it  in  accordance  with  law. 

Merit  system.    Parole. 

§  11.  There  shall  be  established  in  said  school  a  system  of  marking 
based  upon  merit  or  attainments  and  general  conduct,  by  which  any  girl 
committed  thereto  may  work  out  her  way  to  parole  and  honorable  dis- 
charge. When,  in  the  opinion  of  the  superintendent,  a  girl,  according 
to  the  regulations,  has  earned  the  right  to  a  parole,  a  reputable  home 
or  place  of  employment  shall  be  provided  for  her,  where  she  may  bo 
employed  and  earn  an  honorable  living,  and  said  sujM?rintendent  shall  then 
recommend  her  to  the  board  for  parole,  which  shall  grant  it  if  deemed 
for  her  welfare,  under  such  conditions  as  the  board  may  deem  best. 
This  parole  shall  continue  until  she  has  proved  her  ability  for  honorable 


1011  CALIFORNIA   SCHOOL  FOR  GIRLS.      Act  511b,  §§  12-15 

self-support,  whereupon   she   shall  be   discharged.     Any   girl,   who,  while 
on  parole,  violates  the  conditions  thereof,  may  be  returned  to  the  school. 

Girls  incapable  of  reformation. 

§  12.  Any  girl  committed  to  said  school  who  after  due  trial,  is  in 
the  opinion  of  the  superintendent,  incapable  of  reformation,  or  so  mor- 
ally deficient  as  to  render  her  detention  detrimental  to  the  interests  of 
said  school,  or  who  has  misrepresented  her  age  to  the  court  which 
committed  her,  or  has  been  previously  convicted  of  a  felony  may  be 
returned  to  the  committing  court,  and  said  court  may  thereupon  revoke 
the  previous  judgment  committing  her  to  said  institution  and  resume 
proceedings  where  the  same  were  suspended  when  such  commitment  was 
made. 

Aiding  inmate  to  escape. 

§  13.  Any  person  who  knowingly  permits  or  aids  any  inmate  to  escape 
from  said  school,  or  conceals  her  with  the  intent  of  enabling  her  to  elude 
pursuit,  shall  be  guilty  of  a  misdemeanor.  Any  fugative  from  said 
school,  or  from  the  parties  with  whom  she  has  been  placed  on  parole, 
may  be  arrested  and  returned  to  said  school  by  any  person,  upon  written 
order  of  said  superintendent. 

Commission  on  location.     Appropriation. 

§  14.  A  commission  consisting  of  the  state  engineer  and  four  mem- 
bers to  be  appointed  by  the  governor,  is  hereby  created,  and  it  shall,  as 
soon  as  practicable,  with  the  approval  of  the  board  of  control,  establisli 
a  location  for  said  school,  purchase  a  site  therefor  to  consist  of  not  less 
than  one  hundred  acres  of  good  agricultural  land,  and  the  state  depart- 
ment of  engineering  shall,  in  conformity  to  law,  erect,  construct  and 
equip  the  necessary  buildings  therefor.  For  the  purposes  of  paying  the 
expenses  of  the  provisions  incurred  by  this  act  there  is  hereby  appropri- 
ated out  of  the  state  treasury  the  sura  of  two  hundred  thousand  dollars, 
one-half  of  which  shall  be  available  immediately  after  this  act  becomes 
effective,  and  one-half  available  January  1,  1914. 

Trustees  to  have  control  of  girls'  department  at  Whittier. 

§  15.  Immediately  after  this  act  becomes  effective,  or  as  soon  there- 
after as  a  majority  of  the  persons  appointed  as  trustees  shall  have  quali- 
fied and  x>rganized  the  said  board,  it  shall  take  possession  of  and  assume 
the  control  and  management  of  the  girls'  department  of  the  Whittier 
State  School,  and  the  board  of  trustees  of  the  Whittier  State  School  shall 
turn  over  to  the  board  of  trustees  of  the  California  school  for  ^irls  hereby 
created,  the  custody  and  management  of  said  girls'  department,  includ- 
ing the  buildings  now  occupied  by,  and  all  property,  records  and  papers 
now  used  by  or  belonging  to,  said  girls'  department  or  any  of  its  inmates. 
"When  the  said  school  for  girls  is  located  and  the  buildings  constructed 
ready  for  occupancy,  the  board  of  trustees  of  said  school  for  girls  shall 
remove  all  girls  from  the  said  girls'  department  of  the  Whittier  State 


Act  512  GENERAL   LAWS.  1012 

School,  whereupon  all  buildings  and  property,  except  such  personal  prop- 
erty as  has  been  purchased  for  the  express  use  of  the  girls,  shall  revert 
to  the  Whittier  State  School. 

Controller's  warrant. 

§  16.  The  controller  of  the  state  is  hereby  directed  on  requisition  of 
said  board,  dul}'  audited  by  the  state  board  of  control,  to  draw  his  war- 
rant on  the  state  treasurer  in  favor  of  said  board  for  any  moneys  duly 
appropriated  to  pay  for  the  necessary  expenditures  in  the  establishment 
and  maintenance  of  said  school,  and  the  said  treasurer  is  directed  to  pay 
the  same  from  the  appropriations  provided  therefor. 

Construction  of  act.    Pay  to  Inmates  authorized. 

§  17.  This  act  shall  be  construed  in  conformity  with  the  intent  as 
well  as  the  express  provisions  thereof,  and  shall  confer  upon  the  board 
authority  to  do  all  those  lawful  acts  which  it  deems  necessary  to  promote 
tfte  prosperity  of  the  school  and  the  well-being  and  education  of  its  in- 
mates, including  the  organization  of  trade  schools,  purchase  of  materials 
for  use  therein,  the  doing  of  all  other  things,  not  prohibited,  which  are 
required  to  carry  out  the  purposes  of  this  act.  The  board  is  further  au- 
thorized to  pay  those  committed  to  said  school  small  weekly  or  monthly 
sums  in  lieu  of,  clothing  and  other  necessary  articles,  if  in  its  judgment, 
such  a  course  would  better  promote  discipline  and  training.  Nothing 
herein  contained  however,  shall  permit  said  board  to  incur  any  indebted- 
ness in  excess  of  the  appropriations  allowed  by  law  for  the  establishment 
of  said  school. 

Girls'  department  at  Whittier  superseded. 

§  18.  It  is  the  purjiose  of  this  ;ict  that  the  school  hereby  established 
shall  supersede  and  supplant  the  girls'  department  of  the  Whittier  State 
School  and  that  all  commitments  of  girls  authorized  by  law  shall  be  made 
to  the  California  school  for  girls,  but  girls  so  committed  shall  be  kept 
under  the  control  of  the  said  California  school  for  girls  at  the  present 
girls'  department  of  the  Whittier  State  School  until  the  school  provided 
for  by  this  act  is  ready  for  the  reception  of  girls. 

TITLE  73b. 

CALIFORXTA  STATE  REFORMATORY. 
ACT  512. 

An  act  to  establish  the  California  State  Reformatory;  to  provide  for 
purchase  of  land  therefor;  and  the  construction  of  buildings  and 
other  improvements  in  connection  therewith;  to  provide  for  the  com- 
mitment and  transfer  of  prisoners  thereto  and  therefrom;  to  provide 
for  the  equipment,  conduct  and  management  thereof;  and  to  make 
an  appropriation  therefor. 

[Approved  April  24,  1911.     Stats.  1911,  p.  10S8.] 


1013  CALIFORNIA  STATE  REFORMATORY.       Act  512,  §§  1-5 

California  State  Reformatory. 

§  1.  There  is  hert'l)y  establiehef"!  a  reformatory  for  the  confinement, 
discipline  and  instruction  of  prisoners  committed  thereto  as  hereinafter 
provided,  to  be  known  as  the  California  State  Eeformatory. 

Who  may  be  sent  to  reformatory.  Penal  Code,  section  1588,  not  appli- 
cable. 
§  2.  Any  male  person  not  less  than  sixteen  and  not  more  than  thirty 
years  of  age  at  the  time  of  sentence,  convicted  of  felony  for  the  first 
time  may  be  sentenced  to  confinement  in  said  reformatory,  when  in  the 
judgment  of  the  court  said  person  is  capable  of  reformation  and  said 
sentence  is  compatible  with  the  general  welfare,  and  the  sentence  shall 
designate  the  minimum  and  maximum  term  prescribed  by  law  for  the 
particular  offense,  but  shall  fix  no  other  term;  provided,  however,  that  if 
no  minimum  is  fixed  by  law  the  court  shall  fix  a  minimum  of  one  year. 
The  provisions  of  section  1.5S8  of  the  Penal  Code  relating  to  credits  for 
good  conduct  shall  not  apply  to  prisoners  in  the  state  reformatory. 

Prison  directors  to  manage.     Superintendent. 

§  3.  The  state  board  of  prison  directors  shall  manage  and  maintain 
said  reformatory  when  ready  for  occupanc}'^  as  hereinafter  provided. 
Said  board  shall  employ  a  superintendent,  who  shall  be  the  executive 
head  of  said  reformatory,  and  shall  establish  such  other  positions  as  the 
needs  of  the  service  may  from  time  to  time  require.  Such  positions  shall 
be  filled  by  the  superintendent  in  the  manner  provided  by  law.  The 
board  may  consolidate  or  abolish  such  positions  and  may  fix  and  change 
the  salaries  to  be  paid. 

Rules.     Prisoners  examined. 

§  i.  The  board  of  prison  directors  shall  establish  the  rules  under 
which  the  reformatory  shall  be  conducted  for  the  purpose  of  reformation 
of  those  committed  to  it;  and  shall  adopt  such  methods  as  the  board  may 
deem  expedient  to  restore  them  to  freedom  as  self-supporting  and  self- 
respecting  members  of  the  state.  Such  rules  shall  include  provision  for 
keeping  records  of  the  facts  known  of  each  prisoner  on  entrance  and  of 
his  conduct  and  progress  at  such  intervals  as  the  board  may  fix.  Each 
prisoner  on  entrance  shall  be  thoroughly  examined  by  a  competent  physi- 
cian for  physical  or  mental  defects  or  abnormalities,  and  shall  be  pro- 
vided such  physical  and  surgical  treatment  as  may  be  necessary  to  over- 
come such  defects,  so  far  as  practicable. 

Grades  for  prisoners. 

§  5.  The  board  of  prison  directors  shall,  by  rule,  establish  not  less 
than  three  grades  for  the  prisoners  committed  to  the  reformatory,  one 
of  which  shall  be  the  entering  grade.  The  board  shall  so  far  as  prac- 
ticable establish  rules  by  which  each  prisoner  shall  be  promoted  to  a 
higher  grade  or  reduced  to  a  lower  grade  in  accordance  with  his  con- 
duct. 


Act  512,  §§6-9  GENERAL   LAWS.  1014: 

Parole. 

§  6.  The  board  of  prison  directors  shall  make  and  enforce  rules  pov- 
erning  the  release  of  prisoners  on  parole  and  their  conduct  while  on 
parole  and  their  final  discharge,  and  it  is  hereby  declared  the  policy 
of  the  law  that  prisoners  in  said  reformatory  shall  be  given  their  liberty 
whenever  in  the  judgment  of  the  said  board  such  release  is  compatible 
with  the  public  welfare,  and  said  prisoner  will  conform  to  its  rules  con- 
cerning prisoners  on  parole  and  support  himself  by  honest  industry;  pro- 
vided, that  no  prisoner  shall  be  released  before  the  expiration  of  the 
minimum  term  fixed  by  law  for  the  offense  of  which  he  was  convicted, 
but  nothing  herein  contained  shall  be  construed  to  restrict  the  power  of 
the  governor  to  pardon  any  prisoner. 

Return  of  paroled  prisoner  whose  conduct  is  not  satisfactory. 

§  7.  Whenever  the  governor  of  the  state,  the  superintendent  of  said 
reformatory,  or  any  member  of  the  state  board  of  prison  directors  is 
dissatisfied  with  the  conduct  of  a  paroled  prisoner  he  may  issue  a  writ- 
ten order,  reciting  the  commitment  and  parole  of  said  prisoner  and  his 
dissatisfaction  with  the  conduct  of  said  paroled  prisoner,  and  directing 
his  arrest  and  return  to  said  institution,  and  said  order  shall  be  a  sufB 
cieut  warrant  for  any  parole,  probation  or  peace  oflieer  named  therein 
to  arrest  and  deliver  said  prisoner  to  any  officer  of  said  reformatory 
for  return  thereto,  and  it  is  hereby  made  the  duty  of  all  such  officers 
to  execute  any  such  order  in  like  manner  as  a  warrant  of  arrest  for 
felony.  At  the  next  meeting  of  said  board  it  shall  determine  whether 
or  not  the  order  by  which  such  prisoner  was  placed  on  parole  shall  be 
revoked.  If  any  prisoner  on  parole  shall  leave  the  state  without  per- 
mission from  said  board  he  shall  be  held  to  be  an  escaped  prisoner  and 
shall  be  arrested  as  such. 

Final  release  of  prisoner. 

§  8.  The  board  of  prison  directors  may  give  a  final  release  to  any 
prisoner  who  has  fulfilled  the  conditions  required  of  him  in  the  reform- 
atory and  upon  parole,  when  in  the  judgment  of  the  board  he  is  fitted 
to  take  his  place  as  a  free  citizen  of  the  state,  and  shall  have  power, 
by  so  providing  in  the  order  of  release,  to  restore  said  prisoner  to  all 
the  rights  of  citizenship.  When  any  prisoner  shall  have  served  the 
maximum  term  provided  by  law  for  the  offense  of  which  he  was  con- 
victed he  shall  thereupon  be  discharged.  No  petition  or  other  form  of 
application  for  the  parole  or  release  of  a  prisoner  shall  be  entertained 
by  the  board,  except  the  application  made  by  the  prisoner  himself. 

Incorrigible  prisoner  may  be  removed  to  prison. 

§  9.  The  board  of  prison  directors  may  establish  rules  by  which  any 
prisoner  appearing  to  be  incorrigible  may  be  removed  to  any  one  of  the 
state  prisons.  Such  prisoner  shall  serve  the  maximum  term  establi.shod 
by  law  for  the  offense  of  which  he  was  convicted,  including  the  time 
served  in  the  reformatory,  with  such  deductions  for  good  conduct  during 


I 


1015  CALIFORNIA    STATE   REFORMATORY.      Act  512,  §§  10-14 

his  incarceration  in  such  prison  as  the  law  and  the  rules  of  the  prison 
may  allow. 

Prisoner  may  be  transferred  from  prison  to  reformatory. 

§  10.  The  board  of  prison  directors  may  transfer  from  the  state 
prisons  to  said  reformatory  any  prisoner  serving  his  first  term  for  felony 
who  in  their  judgment  can  be  reformed  and  restored  to  a  life  of  honest 
industry.  Provided,  that  the  consent  of  the  prisoner  to  be  bound  by 
the  terms  of  this  act,  and  for  the  maximum  period  fixed  by  law  for  the 
offense  of  which  he  was  convicted  unless  sooner  discharged,  shall  be  first 
procured  in  writing.  Said  prisoner  shall  thereafter  be  treated  in  all 
respects  as  though  originally  committed  to  said  reformatory. 

Prison  laws  applicable  to  reformatory. 

§  11.  The  laws  governing  the  state  prisons  of  this  state  in  relation 
to  expenses  of  transportation  of  prisoners  to  and  from  the  same,  es- 
capes, prevention  of  escapes,  suppression  of  riots,  revolts,  mutinies,  or 
insurrections,  and  the  punishment  of  crimes  committed  therein,  are  hereby 
made  applicable  to  the  reformatory. 

Instruction  in  reformatory. 

§  12.  The  discipline  of  the  reformatory  shall  include  instruction  in 
the  elementary  school  courses  and  in  pursuits  by  which  the  prisoners  may 
support  themselves  when  released.  Said  instruction  shall  chiefly  be  given 
in  agriculture  and  horticulture  by  the  best  methods  as  developed  by  the 
University  of  California  and  the  department  of  agriculture  of  the  United 
States.  Instruction  in  other  forms  of  labor  may  be  established  in  the 
discretion  of  the  board  of  prison  directors;  provided,  that  the  prisoners 
shall  be  distributed  among  the  various  trades  and  employments  so  that 
no  excessive  number  be  directed  to  any  trade  or  employment. 

Disposition  of  products. 

§  13.  Products  of  said  reformatory  shall  so  far  as  possible  be  supplied 
for  state,  county,  municipal,  school  or  other  public  use,  and  the  reforma- 
tory shall  collect  or  be  credited  with  the  fair  market  price  therefor. 
No  manufactured  product  shall  be  supplied,  sold,  exchanged  or  given 
away  for  priv'ate  use  or  profit. 

Probation  ofl&cers  to  co-operate  in  getting  employment  for  paroled  pris- 
oners. 
§  14.  The  probation  officers  of  the  state  shall  co-operate  with  the 
state  board  of  prison  directors  and  the  state  parole  officer,  in  procuring 
employment  for  and  supervising  paroled  prisoners  and  the  probation 
officers  of  ea;:-h  county  shall  act  as  parole  officers  for  all  prisoners  on 
parole  living  within  the  limits  of  their  county,  under  such  general  rules 
as  may  be  established  by  the  state  board  of  prison  directors  and  under 
the  supervision  of  the  state  parole  officer. 


Act  512,  §§  15-17  GENERAL   LAWS.  1016 

Earnings  of  prisoners. 

§  15.  The  board  of  prison  directors  may  allow  to  prisoners  such  pro- 
portion of  their  earnings  above  the  cost  of  their  maintenance  as  the 
board  may  deem  proper. 

Commission  to  locate  reformatory.     Purchase  of  land.     Biiildincs. 

§  16.  A  commission  consisting  of  the  governor  of  the  state  of  Cali- 
fornia, the  lieutenant-governor  of  the  state  and  three  other  persons,  to 
be  selected  by  the  governor  of  the  state,  is  hereby  constituted  a  commis- 
sion for  the  location  and  construction  of  said  reformatory  as  herein- 
after more  particularly  provided.  Said  commission,  as  soon  after  the 
passage  of  this  act  as  possible,  shall  select  a  suitable  site  for  said  re- 
formatory of  not  less  than  six  hundred  acres.  The  said  commission  is 
directed  to  secure  land  susceptible  of  irrigation  if  necessary  and  suit- 
able for  the  agricultural  and  horticultural  work  to  be  carried  on  by  the 
prisoners.  When  a  suitable  site  is  selected  by  said  commission  they  are 
hereby  authorized  and  empowered  to  purchase  the  land  so  selected,  to 
gether  with  water  and  water  rights  appertaining  thereto,  and  if  neces- 
sary shall  purchase  additional  water  rights  or  make  provision  for  the 
development  of  water  for  use  on  said  land.  The  purchase' price  of  said 
land  may  be  made  payable  in  installments  out  of  the  appropriations  here- 
inafter provided,  as  may  be  agreed  between  said  commission  and  the 
owner  or  owners  of  said  land.  Title  to  the  land  shall  be  taken  in  the 
name  of  the  state  of  California  and  first  payment  therefor  shall  be  made 
at  the  time  of  the  delivery  of  deed  or  deeds  by  the  owner  or  owners  to 
the  governor  of  the  state  of  California  for  and  on  behalf  of  the  state. 
The  said  commission  shall  adopt  plans  for  the  buildings  to  be  erected 
upon  said  land  for  said  reformatory  to  accommodate  not  less  than  one 
thousand  prisoners,  and  may  employ  architects  or  engineers  or  both  in 
the  preparation  of  said  plans,  anil  in  the  construction  of  said  buildings. 
The  said  commission  is  authorized  to  emjiloy  and  fix  the  compensation 
of  such  free  labor  and  skilled  assistants  as  may  be  needed  in  the  erection 
of  such  buildings  and  shall  so  far  as  possible  utilize  the  labor  of  pris- 
oners in  said  construction  as  hereinafter  provided. 

Prisoners    to    aid    in    constructing    reformatory.     Temporary    buildings. 

Supervision    of    prisoners    at    work.     Compensation    of    prisoners. 

Prison  directors  to  provide  food,  etc.     Appropriation. 

§  17.     The  state  board  of  prison  directors  shall  on  the  request  of  the 

said   commission   furnish  a  list  of  not  less  than   one   hundred   (100)    nor 

more   than    three   hundred    (300)    prisoners    in    San    Queutin    and    Kolsom 

state   prisons,   who   would   be   available   for   use   in    the   construction    of 

said  reformatory.     In  the  selection  of  such  men  for  said  list  the  board 

of   prison   directors   shall   name   those   men   who   are   skilled   in   buibling 

and   who   have   shown  themselves   active   and    energetic,   and   so    far   as 

possible  shall  name  those  who  under  the  rules  of  the  said  board  of  prison 

directors  would  be  entitled  to  parole  on  or  before  the  completion  of  the 


1017  CALIFORNIA   STATE   REFORMATORY.      Act  512,  §  18 

biiiklings  of  said  reformatory,  as  estimated,  and  who  would  be  suit- 
able for  transfer  to  said  reformatory  upon  its  completion.  From  this 
list  so  submitted  as  aforesaid,  the  state  board  of  prison  directors  shall 
desijjnate  those  to  be  employed  in  constructing  the  buildings  of  said 
reformatory,  and  upon  such  designation  said  board  of  prison  directors 
shall  cause  to  be  transported  to  the  location  selected  for  said  reforma- 
tory said  prisoners  in  such  numbers  and  at  such  times  as  may  be  re- 
quired by  said  commission.  Temporary  buildings  may  be  erected  for 
housing  said  prisoners  while  engaged  in  said  work  of  construction.  The 
state  board  of  prison  directors  is  authorized  and  directed  to  employ 
a  superintendent  and  necessary  guards  while  engaged  in  said  construc- 
tion and  particularly  to  have  charge  of  them  during  the  hours  they  are 
not  actually  engaged  upon  the  buildings  of  the  said  reformatory. 

During  the  hours  that  said  prisoners  are  actually  engaged  in  work 
of  construction  of  said  building  they  shall  be  under  the  supervision 
and  direction  of  those  oflSeers  and  foremen  employed  by  said  commis- 
sion to  erect  said  buildings.  At  any  time  during  the  progress  of  said 
work,  prisoners  engaged  therein  who  have  shown  themselves  unfit  to 
work  under  the  conditions  herein  provided,  shall  be  returned  to  the 
state  penitentiary  on  order  of  the  board  of  prison  directors,  and  any 
prisoner  who  makes  his  escape  from  such  employment  shall  be  returned 
to  the  state  prison  from  which  he  was  originally  transferred.  The  state 
board  of  prison  directors  shall  have  the  same  jurisdiction  to  parole 
prisoners  engaged  in  this  work  as  any  other  prisoners  in  any  other  state 
prison,  and  shall  make  such  rules  concerning  their  custody  and  discipline 
while  engaged  in  said  work  as  maj'  be  necessary. 

The  state  board  of  prison  directors  may  fix  the  compensation  to  be 
paid  to  said  prisoners  for  their  work  while  constructing  said  buildings, 
not  to  exceed  twenty-five  cents  per  day,  such  money  to  be  paid  to  said 
prisoners  upon  their  parole  or  final  discharge,  from  the  money  herein- 
after appropriated,  unless  the  board  declares  said  amount  forfeited  by 
bad  conduct. 

The  state  board  of  prison  directors  shall  provide  the  necessary  food, 
clothing  and  transportation  for  said  prisoners  -nhile  engaged  in  said 
work,  to  be  paid  upon  their  order  by  the  state  board  of  examiners  from 
the  moneys  heTein  appropriated  for  the  construction  of  said  reformatory 
buildings.  ^ 

There  is  hereby  appropriated  for  the  purpose  of  carrying  into  eff&ct 
the  provisions  of  this  law  the  sum  of  one  hundred  and  fifty  thousand 
dollars;  five  thousand  dollars  to  be  available  July  1,  1911,  and  one  hun- 
dred and  forty-five  thousand  dollars  to  be  available  July  1,  1912. 

Governor  to  publish  proclamation  when  reformatory  is  ready  to  receive 
prisoners.     Termination  of  commission. 
§  18.     Whenever  the  buildings  are   so   far  completed  as  in  the  judg- 
ment of  said  commission  to  be  available  to  receive  prisoners  committed 
by  the   court,   a  proclamation  to  that  effect   shall  be   published  by   the 


Acts  513-546  general  laws.  lOlS 

governor  and  thereafter  the  courts  may  commit  prisoners  to  the  said 
reformatory  in  the  manner  hereinafter  provided,  and  during  the  progress 
of  said  worlf  shall  be  treated  in  the  same  manner  as  the  prisoners  trans- 
ferred Ly  [from]  the  state  prisons  as  herein  provided; 

Provided,  further,  that  on  January  1,  1915,  the  commission  herein- 
before provided  shall  terminate.  Thereupon  the  state  board  of  prison 
directors  shall  take  charge^  of  said  reformatory  and  be  vested  with  the 
powers  hereinbefore  conferred  upon  the  said  commission,  and  thereafter 
all  further  construction  and  expenditure  shall  be  under  their  direction 
and  control. 

§  19.     This  act  shall  take  effect  immediately. 

TITLE  74. 

CALIFOENIA  STATE  TRADES  AND  TRAINING  SCHOOL. 

ACT  513. 

An  act  to  authorize  the  establishment  of  the  California  State  Trades  and 
Training  School  for  dependent  orphans,  half  orphans,  abandoned 
children  and  children  committed  by  court  and  placed  under  guardian- 
ship of  the  board  of  trustees,  the  appointment  of  a  board  of  trustees, 
the  purchase  of  a  site,  the  preparation  of  plans  and  specifications  for 
grounds  and  buildings,  and  to  make  the  necessary  appropriation 
therefor.  [Approved  April  14,  1909.  Stats.  1909,  p,  S87,] 
Repealed  June   14,    1913    (Stats.   1913,   p.   947). 

TITLE  77. 

CANAL  COKPORATIONS. 
ACT  525. 

Citations.      Cal.   159/754. 

ACT  526. 

Citations.     Cal.   159/754. 

TITLE  80. 

CEMETERIES. 
ACT  545. 

Citations.     App.  17/GO,  62,  66;    (§1)    17/62;    (§§   3-6)   17/63. 

ACT  546. 

An  act  to  provide  for  public  cemetery  districts. 
[Approved  March  6,  1909.     Stats.  1909,  p.  156.] 
Amended  1911  (Stats.  1911,  p.  605),  as  follows: 


1019  CEMETERIES.  Act  547,  §§  1-4 

Cemetery  district  trustees.     Term. 

§  2.  SiK'h  jiublic  cemetery  district  shall  be  manacrcd  by  three  trustees, 
apjjointed  by  tho  board  of  supervisors  from  the  electors  residing  therein; 
but  if  a  majority  of  the  resident  electors  shall,  in  their  petition,  designate 
the  names  of  the  trustees  whom  they  shall  desire  to  be  appointed,  the 
board  of  supervisors  shall  appoint  for  the  first  term,  the  persons  so 
named.  The  trustees  shall  hold  office  for  four  years,  and  their  successors 
shall  be  appointed  in  the  same  manner  as  other  appointments  are  made 
by  said  board.     [Amendment  approved  April  5,  1911;  Stats.  1911,  p.  605.] 

ACT  547. 

An  act  providing  for  the   removal   of  human   remains  from  cemeteries 

in  any  city  or  city  and  county  in  this  state  and  repealing  all  acts 

in  conflict  therewith. 

[Approved  April  24,  1911.     Stats.  1911,  p.  1099.] 

Trustees  may  order  removal  of  human  remains  from  cemeteries  within 
city  limits. 
§  1.  The  governing  or  legislative  body  of  any  city,  or  city  and  county, 
in  this  state  may,  by  ordinance  duly  passed,  and  under  such  lawful  rules 
and  regulations  which  it  may  adopt,  provide  for  the  exhuming,  taking 
up,  and  removal  from  cemeteries  within  the  boundary  lines  of  such  city, 
or  city  and  county,  or  from  cemeteries  owned  and  controlled  by  such  city, 
or  city  and  county,  that  may  have  been  located  without  its  boundaries 
(and  in  which  such  cemeteries  no  interments  of  human  remains  have  been 
made  for  a  period  of  not  less  than  live  years),  of  any  or  all  the  human 
remains  interred  in  such  cemeteries. 

Owner  of  cemetery  lot  may  file  statement  with  county  recorder. 

§  2.  Any  person  claiming  ownership  of  any  cemetery  lot  may  file  in 
the  office  of  the  county  recorder,  in  which  such  cemetery  is  situated, 
a  verified  statement  describing  the  lot  so  claimed  by  him,  together  with 
a  statement  of  his  name  and  of  the  place  at  which  the  notice  referred 
to  in  section  3  of  this  act  may  be  served  upon  him.  No  fee  shall  be 
charged  by  the  county  recorder  for  filing  such  statement. 

Notice  to  owner  of  lot  before  exhuming  remains. 

§  3.  In  the  rules  and  regulations  provided  for  in  section  1  of  this 
act,  it  shall,  among  the  other  matters  therein  set  forth,  be  provided  that 
no  human  remains  shall  be  exhumed,  taken  up,  or  removed  from  any 
such  cemetery  unless  notice  of  the  intended  action  shall  have  been  given 
to  the  person  claiming  ownership  of  the  cemetery  lot  in  which  said  human 
remains  are  interred,  by  serving  such  notice  upon  him  personally  in  the 
same  manner  as  summons  in  a  civil  action  is  served. 

Remains  may  be  removed  if  owner  of  lot  cannot  be  found. 

§  4.  If  no  person  has  filed  the  statement  provided  for  in  section  2 
of  this   act,   or   if   the   person  who   has   filed   such   statement   cannot   be 


Acts  548, 549  general  laws.  1020 

found  at  the  place  therein  designated  by  him,  or  if  said  notice  is  served, 
and  the  person  so  notified  does  not  within  thirty  days,  after  the  service 
of  said  notice,  complete  the  removal  of  said  human  remains,  the  persons 
in  charge  of  said  cemetery  may  without  cost  to  the  owner  of  said  lot, 
remove  said  human  remains  and  reintcr  the  same  in  a  careful  and  re- 
spectful manner,  at  a  place  to  be  designated  in  the  rules  and  regulations 
aforesaid,  and  the  remains  of  no  more  than  one  person  shall  be  interred 
in  one  grave,  and  a  headboard  shall  be  placed  on  said  grave. 

Eecord  filed  with  coroner. 

§  5.  luinudiatcly  after  said  remains  are  so  interred,  the  person  caus- 
ing the  same  to  be  done  shall  file  in  the  office  of  the  coroner  of  said 
citj^  and  county,  or  of  the  county,  in  which  said  city  is  situated,  a  state- 
ment of  the  name  of  the  person  whose  remains  are  so  removed,  together 
with  all  other  data  available  concerning  said  remains,  and  also  a  descrip- 
tion of  the  place  where  said  remains  are  reinterred. 

§  6.     Nothing  herein  contained  shall   authorize  the  taking  of  private 

property  without  due  compensation  first  made. 

§  7.     All  acts  or  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 

ACT  548. 

An  act  relating  to  the  opening  of  streets  through  cemeteries. 
[Approved  April  24,  1911.     Stats.  1911,  p.  1100.] 

Opening  streets  through  cemeteries. 

§  1.  No  streets,  alleys  or  roads  shall  be  oj)ened  or  laid  out  within 
the  boundary  lines  of  any  cemetery  located  in  whole  or  in  part  within  the 
lines  of  any  city  or  city  and  county  of  this  state,  where  burials  have 
been  had  within  five  years  prior  thereto,  without  the  consent  of  the 
corporation  or  association  owning  and  controlling  such  cemetery. 

TITLE  81. 

CEMETERY  CORPORATIONS. 
ACT  549. 

Authorizing  incorporation  of  rural  cemeterj'  corporations. 
[Stats.  1S39,  p.  2S1.] 
Amended  1863-64,  p.   12;    1891,  p.  264;   1899,  p.  36;    1911,  p.   1099. 
The  amendment  of  1911  is  as  follows: 

Cemetery  lands  exempt  from  taxes. 

§  10.  The  (oniottMy  lands  and  property  of  any  association,  formed 
pursuant  to  this  act,  shall  be  exempt  from  all  jiublic  taxes,  rates,  and 
assessments,  and  shall  not  be  liable  to  be  sold  on  execution,  or  be  applied 
in  payment  of  debts  due  from  any  individual  proprietors.     But  the  pro- 


1021  CHARITIES    AND    CORRECTIONS.         Act573,  §§1,  2 

l)rietors  of  lots,  or  plots,  in  such  cemeteries,  their  heirs,  or  devisees, 
may  hold  the  same  exempt  therefrom,  so  long  as  the  same  shall  remain 
dedicated  to  the  purposes  of  a  cemetery.  [Amendment  approved  April 
24,  1911;  Stats.  1911,  p.  1099.] 

TITLE  85. 

CHARITIES  AND  COERECTIOlSrS. 
ACT  573. 

An  act  to  create  a  state  board  of  charities  and  corrections,  prescribing  its 
duties  and  powers,  and  appropriating  money  therefor. 
[Approved  March  25,  1903.     Stats.  190»,  p.  482.] 
Amended  1911,   Stats.   1911,  p.  1334. 

The  amendments  of  1911  are  as  follows: 

State  board  of  charities  created.     Women  eligible.    Vacancies. 

§  1.  A  state  board  of  charities  and  corrections  is  hereby  created  of 
six  members,  to  be  appointed  by  the  governor,  with  the  advice  and  con- 
sent ol  the  senate,  Tiot  more  than  three  of  whom  shall  be  of  the  same 
political  party.  Such  members  shall  hold  office  for  a  period  of  four 
years  and  until  their  successors  are  appointed  and  qualified;  provided, 
that  the  terms  of  the  three  members  who  were  appointed  February  17, 
190S,  shall  expire  February  17,  1912,  and  the  other  three  terms  shall 
expire  February  17,  1914,  and  thereafter  the  terms  of  three  members  of 
said  board  shall  expire  on  February  17th  of  each  even-numbered  year. 
Women  may  be  appointed  members  of  said  board  or  hold  any  position 
in  the  appointment  of  said  board.  Xo  person  shall  be  appointed  a  mem- 
ber, or  continue  to  act  as  such,  while  he  is  a  trustee,  manager,  director, 
or  other  administrative  officer  of  an  institution,  subject  to  the  provisions 
of  this  act.  Appointments  to  fill  vacancies  before  the  expiration  of  such 
terms  shall  be  for  the  residue  of  terms  in  the  same  manner  as  original 
appointments.  The  governor  shall  be  ex  officio  a  member  of  said  board. 
[Amendment  approved  May  1,  1911;  Stats.  1911,  p.  1334.] 

No  compensation.  Secretary.  Limit  of  expenditures.  Appropriation. 
Bond  of  secretary.  Meetings.  Failure  to  attend. 
§  2.  The  members  of  said  board  shall  act  without  compensation,  but 
shall  be  allowed  their  actual  necessary  expenses.  The  said  board  may 
appoint  a  secretary  and  such  other  employees  as  it  may  deem  necessary 
to  carry  out  the  provisions  of  this  act,  and  shall  determine  their  salaries. 
All  the  expenses  of  said  board,  including  salaries,  shall  not  exceed  the 
sum  of  ten  thousand  dollars,  in  any  one  year;  provided,  that  any  unex- 
pended part  of  an  appropriation  for  any  year  may  be  carried  over  and 
made  available  for  the  succeeding  year,  and  the  said  sum  of  ten  thousand 
dollars  is  hereby  appropriated  annually  out  of  any  moneys  in  the  state 
treasury,  not  otherwise  appropriated,  for  the  use  of  said  board  under 
this  act.     The  secretary  of  said  board  shall  execute  a  bond  in  the  sum 


Act  573,  §§  3-5  GENERAL  LAWS.  1022 

of  five  thousand  ($3,000)  dollars  and  take  the  oath  of  oflBce  prescribed 
by  the  Political  Code  for  the  executive  oflBcers  of  this  state.  The  board 
shall  provide  itself  with  an  office  in  the  city  and  county  of  San  Francisco. 
Meetings  of  the  board  may  be  held  at  such  times  and  in  such  places 
in  the  state  of  California  as  said  board  may  deem  fit.  It  may  make 
such  rules  and  orders  for  the  regulation  of  its  own  proceedings  as  it 
may  deem  necessary,  and  may  fix  the  number  of  members  necessary  to 
constitute  a  quorum.  The  failure -of  a  member  to  attend  three  con- 
secutive meetings  of  said  board  during  an/  calendar  year,  unless  ex- 
cused by  formal  vote  of  the  board,  may  be  construed  by  the  governor 
as  a  resignation  of  said  nonattending  member.  [Amendment  approved 
May  1,  1911 J  Stats.  1911,  p.  133.5.] 

Powers  and  duties.     Forms  of  records.     Plans  of  buildings  submitted. 

§  3.  The  board  is  hereby  eni]>owered  and  authorizetl,  and  it  shall  be 
its  duty  as  a  whole,  or  by  committee,  or  by  its  secretary,  or  other  agent 
whom  it  may  authorize,  to  investigate,  examine,  and  make  reports  upon 
the  charitable,  correctional,  and  penal  institutions  of  the  state,  includ- 
ing the  state  hospitals  for  the  insane,  of  the  counties,  cities  and  counties, 
cities,  and  towns  of  the  state,  and  such  public  officers  aa  aro  iu  any 
way  responsible  for  the  adniinistratiou  of  public  funds  used  for  the 
relief  or  maintenance  of  the  poor.  All  the  persons  or  officers  in  charge 
of  or  connected  with  such  public  institutions,  or  with  the  administration 
of  said  funds,  are  hereby  required  to  furnish  to  the  board  or  its  com- 
mittee or  secretary  such  information  and  statistics  as  they  may  request 
or  require,  and  allow  said  board,  committee,  or  secretary  free  access 
to  all  departments  of  such  institutions  and  to  all  of  their  records.  In 
order  to  secure  accuracy,  uniformity,  and  completeness  in  such  statistics 
and  information,  the  board  may  prescribe  such  forms  of  report  and  rec- 
ords by  the  state  commission  in  lunacy  regarding  the  state  hospitals  for 
the  insane  and  by  such  other  officers,  boards,  or  institutions  as  it  may 
deem  necessary,  and  also  such  forms  of  registration  at  all  public  institu- 
tions referred  to  in  this  section  as  it  may  require.  The  state  commission 
in  lunacy,  on  behalf  of  the  institutions  under  its  charge,  and  the  officers 
of  all  other  institutions,  and  all  officers  in  any  way  responsible  for  public 
funds  used  for  the  relief  of  the  poor  or  the  maintenance  of  any  inmates 
of  said  public  institutions,  are  hereby  required  to  follow  such  forms,  rec- 
ords, and  registration  so  prescribed;  provided,  that  the  intent  of  this  law 
is  that,  so  far  as  possible,  the  board  shall  make  use  of  the  forms  of  re- 
port, record,  and  registration  now  obtaining  in  the  state  commission  of 
lunacy  and  other  state  boards  and  institutions.  All  plans  of  new  buildings, 
or  parts  of  buildings  for  any  of  the  public  institutions  coming  under  provi- 
sions of  this  section,  or  any  additions  or  alterations  in  such  buildings, 
shall,  before  their  adoption  by  the  proper  officials,  be  submitted  to  the 
board  for  suggestions  and  criticism.  [Amendment  approved  May  1,  1911; 
Stats.  1911,  p!  1335.] 

§  5.     This  section  was  renumbered  as  §  7:  Stats.  1911,  p.  1336. 


1023  CHARITIES  AND  CORRECTIONS.      Act  573,  §§  5-10 

A  new  §  5  was  added  in  1911  as  follows: 

Investigate  institutions  receiving  state  aid. 

§  5.  The  board  is  hereby  empowered  and  authorized,  and  it  shall  be 
its  duty  as  a  whole,  or  by  coniniittee,  or  by  its  secretary,  to  investigate, 
examine,  and  make  reports  upon  all  institutions  or  persons  receiving 
any  state  aid  for  the  care  of  orphan,  half-orphan,  abandoned  or  de- 
pendent children,  and  may  prcscrilje  forms  of  record  thereof  to  be  kept, 
and  require  reports  thereof.  [New  section  approved  May  1,  1911;  Stats. 
1911,  p.  1336.] 

§  6.     This  section  was  renumbered  as  §  8,  and  amended:  See  post. 

A  new  §  6  was  adopted  in  1911  as  follows: 

Refusing  to  furnish  information. 

§  6.  Any  public  officer,  superintendent,  manager  or  person  in  charge 
of  any  said  public  institution,  or  with  the  administration  of  said  funds, 
who  refuses  or  neglects  to  furnish  said  board,  its  committee  or  secretary, 
the  information  and  statistics  which  they  may  request  or  require  shall 
be  subject  to  a  forfeiture  of  fifty  dollars,  to  be  recovered  as  provided 
in  section  4  of  this  act  for  disobedience  of  a  subpoena.  [New  section 
approved  May  1,  1911;  Stats.  1911,  p.  1336.] 

§  7.  Section  5  of  the  original  act  was  renumbered  as  §  7  in  1911:  Stats. 
1911,  p.  1336.  The  original  §  7  was  renumbered  as  §  9:  Stats.  1911, 
p.  1336. 

§  8.     This  section  was  renumbered  as  §  10  in  1911:  Stats.  1911,  p.  1336. 

Section  6  of  the  original  act  was  renumbered  as  §  8  in  1911  and 
amended  to  read  as  follows: 

Biennial  report. 

§  8.  Two  months  prior  to  each  regular  session  of  the  legislature,  the 
board  shall  make  a  full  and  complete  report  to  the  governor  of  all  its 
transactions  during  the  preceding  two  years,  showing  fully  and  in  detail 
all  expenses  incurred  and  moneys  paid  out  by  it,  and  giving  a  list  of  all 
officers  and  agents  employed,  and  the  actual  condition  of  all  institutions 
under  its  supervision,  with  such  suggestions  as  it  may  deem  necessary 
and  pertinent,  and  with  recommendations  for  legislative  and  executive 
action.     [Eenumbered  and  amended  May  1,  1911;  Stats.  1911,  p.  1336.] 

§  9.  The  original  §  7  of  the  act  was  renumbered  as  §  9  in  1911:  Stats. 
1911,  p.  1336. 

§  10.  Section  8  of  the  original  act  was  renumbered  as  §  10  in  1911: 
Stats.  1911,  p.  1336. 


Act  574,  §  §  1-6  GENERAL   LAWS.  1024 

ACT  574. 

An  act  providing  for  the   supervision   and  control  by  the   state  board 

of   charities   and   corrections   of   the   placing   of   dependent   children 

into  homes  and  for  the  supervision  of  all  societies  or  organizations 

engaged  in  such  work  and  known  as  children's  home  finding  societies. 

[Approved  April  24,  1911.     Stats.  1911,  p.  1087.] 

Unlawful  to  place  dependent  children  in  homes  without  permit. 

§  1.  It  shall  hereafter  be  unlawful  for  any  organization,  society  or 
person  to  engage  in  the  work  of  placing  dependent  children  into  homes 
in  this  state  without  first  obtaining  a  permit  therefor,  duly  executed 
in  writing,  from  the  state  board  of  charities  and  corrections. 

Board  of  charities  may  investigate  societies. 

§  2.  The  said  state  board  of  charities  and  corrections  may  investigate, 
or  cause  to  be  investigated,  the  books,  records,  and  methods  of  such 
organizations,  societies,  or  persons,  and  the  disposition  of  the  children 
coming  into  their  custody;  and  it  may  make  such  rules  and  regulatious 
as  it  may  deem  best  for  the  government  and  regulation  of  such  societies 
or  persons,  and  may  require  such  reports  as  it  may  desire. 

Permit  may  be  withdrawn. 

§  3.  The  said  state  board  of  charities  and  corrections  is  hereby  au- 
thorized and  empowered  to  withdraw  and  cancel  any  permit  to  engage 
in  the  work  of  placing  children  into  homes  for  any  failure  to  observe 
the  rules  and  regulations  established  for  thoir  government,  or  the  failure 
to  report  as  required,  or  for  any  failure  on  their  part  to  perform  their 
work  as  required  by  the  best  interests  of  the  state,  but  no  permit  shall 
be  canceled  or  withdrawn  without  due  notice  and  hearing. 

Misdemeanor  to  engage  in  work  without  permit. 

§  4.  It  is  hereby  made  a  misdemeanor  for  any  person  or  persons, 
either  as  individuals  or  officers  of  any  association  or  society,  to  engage 
in  the  work  of  placing  children  into  homes,  or  the  soliciting  of  funds 
therefor,  in  this  state  without  a  permit  duly  executed  in  writing  by 
the  state  board  of  charities  and  corrections,  authorizing  said  persons  or 
such  association  or  society  to  engage  therein,  or  to  engage  in  such  work 
after  any  permit  has  been  canceled. 

Not  applicable  to  orphan  home. 

§  5.  This  act  shall  not  be  construed  as  applying  to  any  regularly 
established  orphan  home  or  any  officer  or  official  thereof  acting  for  or  on 
behalf  of  such  home  receiving  aid  from  the  state  for  the  care  of  orphans, 
half-orphans  or  abandoned  children  in  any  effort  such  institution  or  its 
officers  may  make  to  procure  the  adoption  into  homes  or  any  officer 
or  official  thereof  acting  for  or  on  behalf  of  such  home  of  any  such  chil- 
dren. 

§  6.     This  act  shall  take  effect  immediately. 


1025  CIVIL.  SERVICE  COMMISSION.  Acts  575, 606 

ACT  575. 

An  act  making  it  the  duty  of  the  state  board  of  charities  and  corrections 
to  prescribe  forms  of  record  for  the  use  of  county  hospitals  and 
almshouses,  county  jails  and  city  prisons;  and  authorizing  such  board 
to  furnish  such  records;  and  making  the  neglect  or  failure  on  the 
part  of  superintendents  and  jailers  in  charge  thereof  to  keep  such 
records  a  misdemeanor. 

[Approved  June  11,  1913.     Stats.  1913,  p.  682.] 

Form  of  records  for  county  hospitals,  jails,  etc. 

§  1.  It  is  hereby  made  the  duty  of  the  state  board  of  charities  and 
corrections  to  prescribe  forms  of  record  for  the  use  of  the  superintendents 
of  count}'  hospitals  and  almshouses,  and  jailers  in  charge  of  county  jails 
and  city  prisons,  in  keeping  the  records  of  persons  received  into  or  dis- 
charged from  such  county  hospitals,  almshouses,  jails  and  city  prisons. 

Cost  of  printing. 

§  2.  Books  of  record  for  the  records  so  prescribed  by  said  state  board 
of  charities  and  corrections  may  be  printed  at  the  expense  of  said  board 
and  furnished  to  such  county  hospitals  and  almshouses,  county  jails  and 
city  prisons,  at  the  cost  thereof. 

Duty  of  superintendents  to  keep  records. 

§  3.  It  shall  be  the  duty  of  the  superintendent  in  charge  of  any  such 
county  hospital  or  almshouse  and  the  jailer  in  charge  of  any  such  jail 
or  city  prison  to  keep  the  records  prescribed  by  the  state  board  of  chari- 
ties and  corrections  as  fully  and  completely  as  possible,  and  any  such 
superintendent  or  jailer  who  neglects  and  fails  to  keep  the  records  thus 
prescribed  shall  be  guilty  of  a  misdemeanor. 

TITLE  90A. 

CIVIL  SERVICE  COMMISSION. 

ACT  606. 

An  act  to  provide  for  a  general  system,  based  upon  investigation  as  to 
merit,  efficiency  and  fitness,  for  appointment  to  and  holding  during 
good  behavior  of  office  and  employment  under  state  authority  and, 
in  that  behalf,  to  create  a  state  civil  service  commission,  to  prescribe 
its  powers  and  duties,  to  make  the  willful  violation  of  the  provisions 
of  this  act  a  misdemeanor,  to  repeal  all  acts  and  parts  of  acts  incon- 
sistent herewith  in  so  far  as  they  may  be  inconsistent  with  the  pro- 
visions of  this  act,  and  to  make  an  appropriation  therefor. 
[Approved  June  16,  1913.     Stats.  1913,  p.  lt)35.] 

"Commission." 

§  1.     First — The   term   "commission"    as   used   in    this    act   means   the 
"state   civil  service  commission"  herein  created,  and  the  term  "commis- 
65 


Act  606,  §§  2,  3  GENERAL   LAWS.  1026 

sioiier"  as  uged  in  this  act  means  one  of  the  three  members  of  that  com- 
mission, all  unless  such  terms  are  plainly  used  with  some  other  meaning. 

"Position." 

Second — The  terms  "position"  and  "positions"  as  used  in  this  act  in- 
clude all  offices  and  employments  under  state  authority,  whether  there 
be  any  salarj^  or  other  compensation  or  emolument  connected  therewith, 
except  offices  held  by  elective  officers  as  such  and  also  except  the  militia 
and  all  offices  and  employments  as  now  or  hereafter  provided  by  virtue 
of  or  under  article  8  of  the  constitution  of  the  state,  and  except 
county  and  township  offices  and  employments. 

"Appointing  power." 

Third — The  term  "appointing  power"  as  used  in  this  act  includes  all 
persons  whether  acting  singly  or  in  conjunction  with  others  in  any  way 
whatsoever,  either  by  nomination  or  confirmation  or  as  a  board  or  com- 
mission or  otherwise,  in  selecting  anyone  to  hold  any  position  as  that 
term  is  so  used  in  this  act. 

"Appointment." 

Fourth — The  term  "appointment"  as  used  in  this  act  includes  all  moans 
of  selecting  and  employing  anyone  to  hold  any  position  as  that  term  is  so 
used  in  this  act. 

Civil  service  commission  created.     Salary. 

§  2.  There  is  hereby  created  a  commission  known  as  the  "state  civil 
service  commission"  which  shall  consist  of  three  commissioners  but  which 
may  continue  to  act  after  being  fully  constituted  if  there  is  not  more 
than  one  vacancy  in  such  commission.  The  commission  shall  be  first 
constituted  by  three  commissioners  appointed  for  terms  ending  July  1, 
1914,  July  1,  1916,  and  July  1,  1917,  respectively,  and  the  succeeding 
terms  shall  each  be  for  a  period  of  four  years.  The  governor  shall  ap- 
point all  commissioners  including  those  who  fill  unexpired  terms.  Any 
commissioner  may  be  removed  by  concurrent  resolution  of  both  houses 
of  the  legislature  adopted  by  a  two-thirds  vote  of  each  house.  The  com- 
missioners shall  each  receive  a  salar}'  of  three  thousand  dollars  per 
annum,  which  shall  be  paid  at  the  same  time  and  in  the  same  manner  as 
the  salaries  of  state  officers  are  paid,  and  the  commissioners  shall  also 
be  paid  necessary  traveling  expenses  incurred  in  the  performance  of 
their  duties.  The  total  and  items  of  all  expenditures  and  obligations 
made,  authorized  and  incurred  by  the  commission  shall  not  exceed  the 
sums  appropriated  therefor  by  law. 

Employees. 

§  3.  The  commission  shall  employ  a  chief  examiner  and  secretary, 
which  offices  may  be  combined,  and  such  other  employees  as  it  may 
deem  necessary  or  proper  to  carry  out  the  purposes  of  this  act.  Their 
compensation  shall  be  fixed  by  the  commission,  and  they  may  be  paid 


1027  CIVIL  SERVICE  COMMISSION.        Act  606,  §§  4,  5 

necessary  traveling  expenses  incurred  in  the  discharge  of  their  duties. 
The  duties  of  the  chief  examiner,  secretary  and  other  employees  shall 
be  prescribed  by  the  commission,  subject  to  the  provisions  of  this  act. 
It  shall  be  the  duty  of  the  secretary  to  keep  the  minutes  of  the  meetings 
of  the  commission  and  perform  such  other  services  as  may  be  assigned 
him  by  the  commission.  The  commission  may  select  suitable  persons  to 
assist  in  examinations  under  its  direction.  The  compensation  of  such 
assistants  shall  not  exceed  five  dollars  per  day,  except  in  the  case  of 
special  and  expert  examiners  employed  in  the  preparation  of  questions 
and  rating  of  candidates;  and  when  the  persons  so  selected  are  in  the 
official  service  of  the  state  it  shall  be  deemed  a  part  of  their  official 
duty  to  serve  as  such  assistants  without  additional  compensation. 

Headquarters. 

§  4.  The  commission  is  authorized  to  secure  in  the  city  of  Sacramento 
suitable  and  convenient  rooms  and  accommodations  and  cause  the  same 
to  be  furnished,  heated  and  lighted,  for  carrying  on  the  work  of  the 
commission  and  the  commission  may  order  the  necessary  stationery, 
postage  stamps,  and  official  seal  and  other  articles  to  be  supplied,  and 
the  necessary  printing  to  be  done  for  its  official  use. 

§  5.     The  commission  shall: 

Classify  and  grade  positions. 

First — Classify  positions  to  be  held  under  state  authority  in  accord- 
ance with  the  provisions  of  this  act  and  in  accordance  with  the  duties 
attached  to  such  positions.  The  commission  shall  grade  all  positions 
within  each  class  with  respect  to  salaries,  to  the  end  that  like  salaries 
shall  be  paid  for  like  duties.  Such  classes  and  grades  may  from  time 
to  time  be  amended,  added  to,  consolidated  or  abolished  by  the  commis- 
sion, but  persons  holding  positions  under  the  original  classification  or 
grade  shall  not  be  affected  thereby. 

Hold  examinations. 

Second — Hold  examinations  to  determine  the  merit,  efficiency  and  fit- 
ness of  applicants  for  positions,  and  prepare  properly  classified  eligible 
lists  from  applicants  so  examined.  All  questions  for  examinations  shall 
be  prepared  under  the  supervision  of  the  commission  or  chief  examiner 
and  delivered  to  the  examining  board  or  to  the  candidates  by  one  of 
the  commissioners  or  chief  examiner  or  by  an  examiner  specially  desig- 
nated to  perform  such  service. 

Enforce  act. 

Third — Enforce  the  provisions  of  this  act  and  prescribe,  and  enforce 
suitable  rules  and  regulations  for  carrying  the  same  into  effect  and  from 
time  to  time  amend  and  repeal  the  same. 

Keep  minutes. 

Fourth — Keep  minutes  of  its  own  proceedings,  and  records  of  its 
examinations  and  other  official  actions. 


Act  606,  §  5  GENERAL   LAWS.  1028 

Efficiency  records. 

Fifth — Records  of  indivicliial  efficiency  of  holders  of  positions  in  per- 
forming their  duties  shall  be  established  in  all  offices  and  places  of 
employment  affected  by  this  act.  Such  records  shall  be  made  by  the 
appointing  power,  unless  otherwise  directed  by  the  commission,  and 
under  and  in  accordance  with  such  rules  and  regulations  as  the  com- 
mission may  prescribe,  and  a  copy  of  such  records  shall  be  filed  with 
the  commission.  The  commission  shall  investigate  all  such  efficiency 
records  and  may  make  its  own  records,  and  shall  rate  upon  such 
records  the  item  of  "ascertained  merit"  in  examinations  for  promotion. 
The  commission  shall  establish  and  enforce  rules  and  regulations  under 
which  records  of  unsatisfactory  service  may  lead  to  reduction  in  grade 
and  compensation  of  the  person  holding  the  position  concerned,  and 
shall  further  provide  for  the  manner  in  which  persons  falling  below  the 
standards  of  efficiency  fixed  by  its  rules  and  regulations  may  be 
removed  from  their  positions  by  the  commission  proceeding  sulistan- 
tially  as  provided  in  this  act  and  with  the  same  effect  as  in  case  of 
removals   by   the    appointing   power. 

Make  investigations. 

Sixth — Make  investigations  concerning  and  report  upon  all  matters 
touching  the  enforcement  and  effect  of  the  provisions  of  this  act  an<l 
the  rules  and  regulations  prescribed  thereunder;  inspect  all  state  institu- 
tions, offices,  places  of •  employment  and  services  affected  by  this  act, 
and  ascertain  whether  this  act  and  all  such  rules  and  regulations  are 
obeyed.  Such  investigation  maj-  be  made  by  any  commissioner,  or  chief 
examiner,  or  by  any  other  authorized  agent  of  the  commission.  In  the 
course  of  such  investigation  any  commissioner,  or  chief  examiner  or 
such  other  authorized  agent  of  the  commission,  or  the  secretary  of  the 
commission,  shall  have  power  to  administer  oaths,  subpoena  and 
require  the  attendance  in  this  state  of  witnesses  and  the  production 
thereby  of  books,  papers,  documents  and  accounts  appertaining  to  the 
investigation  but  not  requiring  the  attendance  of  witnesses  either  with 
or  without  books,  papers,  documents  or  accounts  unless  residing  within 
the   same   county   or  within  thirty  miles   of  the   place   of  attendance. 

Kules  governing  hearings.  Witnesses,  attendance,  compelling.  Deposi- 
tions. Excuse  from  testifying. 
Seventh — All  hearings  and  investigations  before  the  commission,  or 
any  commissioner,  or  the  chief  examiner  or  such  other  authorized  agent 
of  the  commission  shall  be  governed  by  this  act  and  by  rules  of  prac- 
tice and  procedure  to  be  adopted  by  the  commission,  and  in  the  conduct 
thereof  neither  the  commission,  nor  any  commissioner,  nor  the  chief 
examiner  nor  such  other  authorized  agent  of  the  commission  shall  be 
bound  by  the  technical  rules  of  evidence.  No  informality  in  any  pro- 
ceeding or  in  the  manner  of  taking  testimony  before  the  commission  or 
any  commissioner,  or  the  chief  examiner  or  such  other  authorized  agent 
of  the  commission  shall  invalidate  any  order,  decision,  rule  or  regula- 


1029  CIVIL   SERVICE   COMMISSION.  Act  606,  §  5 

tion  made,  approved  or  confirmed  by  the  commission.  The  superior 
court  in  and  f&r  the  county,  or  city  and  county,  in  which  any  inquiry, 
investigation,  hearing  or  proceeding  may  be  held  by  the  commission, 
or  any  commissioner,  or  the  chief  examiner  or  such  other  authorized 
agent  of  the  commission  shall  have  the  power  to  compel  the  attendance 
of  witnesses,  the  giving  of  testimony  and  the  production  of  books, 
papers,  documents  and  accounts,  as  required  by  any  subpoena  issued  by 
the  commission,  or  any  commissioner,  or  such  other  authorized  agent  of 
the  commission  or  the  secretary.  The  commission,  or  the  commissioner, 
or  the  chief  examiner  or  such  other  authorized  agent  of  the  commission 
before  whom  the  testimony  is  to  be  given  or  produced,  in  case  of  the 
refusal  of  any  witness  to  attend  or  testify  or  produce  any  papers 
required  by  such  subpoena,  may  report  to  the  superior  court  in  and  for 
the  county,  or  city  and  county,  in  which  the  proceeding  is  pending,  by 
petition,  setting  forth  that  due  notice  has  been  given  of  the  time  and 
place  of  attendance  of  said  witness,  or  the  production  of  such  books, 
papers,  documents  or  accounts,  and  that  the  witness  has  been  sum- 
moned in  the  manner  prescribed  in  this  act,  and  that  the  witness  has 
failed  and  refused  to  attend  or  produce  such  books  or  papers  or  docu- 
ments or  accounts  required  by  the  subpoena,  before  the  commission, 
or  the  commissioner,  or  th«  chief  examiner,  or  such  other  authorized 
agent  of  the  commission,  in  the  matter  named  in  the  notice  and  sub- 
poena, or  has  refused  to  answer  questions  propounded  to  him  in  the 
course  of  such  proceeding,  and  ask  an  order  of  said  court,  compelling 
the  witness  to  attend  and  testify  or  produce  such  books  or  papers  or 
documents  or  accounts  before  the  commission,  or  any  commissioner,  or 
the  chief  examiner  or  such  other  authorized  agent  of  the  commission. 
The  court,  upon  the  petition  of  the  commission,  or  any  commissioner, 
or  the  chief  examiner  or  such  other  authorized  agent  of  the  commission, 
shall  enter  an  order  directing  the  witness  to  appear  before  the  court  at 
a  time  and  place  to  be  fixed  by  the  court  in  such  order,  the  time  to 
be  not  more  than  ten  days  from  the  date  of  the  order,  and  then  and 
there  show  cause  why  he  has  not  attended  and  testified  or  produced 
said  papers  before  the  commission,  or  such  commissioner,  or  the  chief 
examiner  or  such  other  authorized  agent  of  the  commission.  A  copy  of 
said  order  shall  be  served  upon  said  witness.  If  it  shall  appear  to 
the  court  that  said  subpoena  was  regularly  issued  by  the  commission, 
or  any  commissioner,  or  the  chief  examiner  or  other  authorized  agent  of 
the  commission  or  the  secretary,  the  court  shall  thereupon  enter  an 
order  that  said  witness  appear  before  the  commission,  or  such  com- 
missioner, or  the  chief  examiner  or  any  other  authorized  agent  of  the 
commission  at  the  time  and  place  fixed  in  said  order,  and  testify  or 
produce  the  required  books,  papers,  documents  and  accounts,  and  upon 
failure  to  obey  said  order,  said  witness  shall  be  dealt  with  as  for  con- 
tempt of  court.  The  remedy  provided  in  this  section  is  cumulative,  and 
shall  not  be  construed  to  "impair  or  interfere  with  the  power  of  the 
commission,  or  a  commissioner,  or  the  chief  examiner,  or  any  such  other 


Act  606,  §  6  GENER.VL  LAWS.  1030 

authorized  agent  of  the  commission  to  enforce  the  attendance  of  wit- 
nesses and  the  production   of  books,  papers,   documents  and   accounts. 

The  commission,  or  any  commissioner,  or  the  chief  examiner  or  such 
other  authorized  agent  of  the  commission  may,  in  any  investigation  or 
hearing  before  the  commission,  or  any  commissioner,  or  the  chief 
examiner  or  such  other  authorized  agent  of  the  commission,  cause  the 
deposition  of  witnesses  residing  within  or  without  the  state  to  be  taken 
in  the  manner  prescribed  by  law  for  like  depositions  in  civil  actions 
in  the  superior  courts  of  this  state  and  to  that  end  may  compel  the 
attendance  of  witnesses  and  the  production  of  books,  papers,  documents 
and  accounts. 

No  person  shall  be  excused  from  testifying  or  from  producing  any 
book,  paper,  document  or  account  in  any  investigation  or  inquiry  by 
or  hearing  before  the  commission,  or  any  commissioner,  or  the  chief 
examiner  or  such  other  authorized  agent  of  the  commission,  when 
ordered  to  do  so,  upon  the  ground  that  the  testimony  or  evidence,  book, 
paper,  document  or  account  required  of  him  may  tend  to  incriminate 
him  or  subject  him  to  penalty  or  forfeiture,  but  no  person  shall  be 
prosecuted,  punished  or  subjected  to  any  penalty  or  forfeiture  for  or 
on  account  of  any  act,  transaction,  matter  or  thing  concerning  which 
he  shall,  under  oath,  have  testified  or  produced  documentary  evidence; 
provided,  that  no  person  so  testifying  shall  be  exempt  from  prosecution 
or  punishment  for  any  perjury  committed  by  him  in  his  testimony. 
Nothing  herein  contained  shall  be  construed  as  in  any  manner  giving 
to  any  person  immunity  of  any  kind  otherwise  than  is  herein  ex- 
pressly provided. 

Biennial  report. 

Eiglith — Make  a  biennial  report  to  the  governor  for  transmission 
to  the  legislature,  showing  the  action  of  the  commission,  including  all 
the  rules  and  regulations  adopted  by  it  during  such  period  and  those 
that  are  in  force  at  the  time  of  making  such  report,  information  as  to 
exempted  positions  as  required  by  this  act  and  the  eflfects  of  this  act 
and  of  all  proceedings  under  it  and  any  suggestions  the  commission 
or  any  commissioner  may  deem  practical  for  the  more  eflfectual  accom- 
plishment of  the  purposes  of  this  act. 

Meetings. 

Ninth — Meet  at  Sacramento  as  often  as  the  needs  of  the  public  ser- 
vice may  require,  and  at  such  other  places  as  the  commission  may 
designate.  A  majority  of  the  members  of  the  commission  shall  con- 
stitute a  quorum. 

Duty  of  state  officers  to  aid  in  carrying  act  into  effect. 

§  6.  It  shall  be  the  duty  of  all  persons  subject  to  the  authority 
of  the  state  in  that  behalf  (including  all  state  ofticers  and  employees 
and  all  state  institutions  of  every  kind  and  character)  to  aid  in  all 
proper  ways  in  carrying  into   effect  the  provisions  of  this  act  and  the 


1031  CIVIL  SERVICE  COMMISSION-.  Act  606,  §  7 

rules  and  regulations  prescribed  from  time  to  time  thereunder  and 
especially,  at  the  request  of  the  commission,  to  allow  the  commission 
the  reasonable  use  of  public  buildings  and  to  heat  and  light  the  same 
for  the  purposes  of  making  examinations  of  applicants  and  investiga- 
tions as  provided  by  this  act.  Every  one  subject  to  the  authority  of 
the  state  in  that  behalf  shall  afford  to  the  commission  and  its  mem- 
bers and  employees  all  reasonable  facilities  and  give  inspection  of  all 
books,  papers,  documents  and  accounts  applying  or  in  any  way  apper- 
taining to  any  and  all  offices  subject  to  the  authority  of  the  state  in 
that  behalf,  and  shall  also  produce  said  books,  papers,  documents  and 
accounts,  and  shall  attend  and  testify  when  required  to  do  so  by  the 
commission,  or  any  commissioner,  or  the  chief  examiner,  or  the  secre- 
tary or  any  other  authorized  agent  of  the  commission.  The  attorney 
general  shall  advise  and  assist  the  commission,  and  the  district  attor- 
neys of  the  counties  shall  prosecute  violations  of  this  act.  The  com- 
mission may  employ  special  counsel. 

Appointments  to  be  under  act.     Positions  excepted. 

§  7.  The  appointing  power  in  all  cases  not  excepted  or  exempted 
under  the  provisions  of  this  act,  or  by  virtue  of  the  provisions  of  the 
constitution  of  the  state,  shall  fill  positions  by  appointment,  including 
cases  of  transfers,  reinstatements,  promotions  and  reductions,  in  strict 
accordance  with  the  provisions  of  this  act  and  the  rules  and  regulations 
prescribed  from  time  to  time  hereunder,  and  not  otherwise.  Except 
onlj'  and  to  the  extent  that  the  appointing  power  otherwise  requests 
as  hereinafter  provided,  the  positions  held  in  the  following  specified 
classes  are  excepted  from  such  methcd  of  appointment: 

First — Appointees  of  the  legislature  and  one  person  holding  a  position 
having  a  confidential  relation,  whether  as  secretary  or  clerk  or  stenog- 
rapher to   each   such   appointee. 

Second — Appointees  of  the  governor  and  one  person  holding  a  posi- 
tion having  a  confidential  relation  whether  as  secretary  or  clerk  or 
stenographer  to  each  such  appointee. 

Third — The  chief  deputy  of  and  also  one  person  holding  a  position 
having  a  confidential  relation  whether  as  secretary  or  clerk  or  stenog- 
rapher to  an   elective   office. 

Fourth — The  secretary  or  executive  officer,  or  both,  and  also  the 
attorney  and  one  stenographer  of  any  board  or  commission  appointed 
by  the  legislature  or  governor  or  elected  by  the  electors,  and  all 
stenographers  in  the  superior  and  appellate  courts. 

Fifth — The  assistant  and  deputies  of  the  attorney  general  and  all 
special  attornej's  for  boards  and  officers. 

Sixth — The  members  of  the  appointing  board  of  and  any  chief  in 
any  legislative  reference  or  counsel  bureau  and  one  person  holding  a 
confidential  relation  to  each  such  chief. 

Seventh — One  warden  for  each  of  the  state  prisons. 

Eighth — One  superintendent  for  each  of  the  state  reformatories,  state 
hospitals  or  other  state  charitable  or  correctional  institutions;   also  the 


Act  606,  §  8  GENERAL.   LAWS.  1032 

parole    officers    for   the   state   prisons,   Preston    School    of   Industry    and 
Whittier   State   School. 

Ninth — Persons  employed  by  the  University  of  California  and  the 
state  normal  schools,  and  the  teaching  force  of  the  elementary,  sec- 
ondary,  trades   and   technical   schools. 

Tenth — Persons  engaged  in  work  done  by  co-operation  between  the 
state  and  federal  governments. 

Eleventh — The  state  librarian,  the  chief  deputy  or  assistant  state 
librarian  and  also  one  person  holding  a  position  having  a  confidential 
relation  to  the  state  librarian,  and  appointees  under  provisions  for 
court,  law,  teachers,  school  and  county  libraries. 

Twelfth — The  secretary,  chief  accountant  and  children's  agents  of  the 
state  board  of  control. 

Thirteenth — The  employees  of  the  state  railroad  commission. 

Fourteenth — Superintendents,  chiefs,  and  heads  of  departments. 

All  provided  that  at  any  time  any  vacancy  in  any  position  in  any  of 
the  above  specified  fourteen  excepted  classes  may  be  filled  by  the  ap- 
pointing power  in  the  manner  provided  by  this  act.  in  which  case  the 
person  appointed  shall  hold,  during  the  tenure  of  office  of  said  appoint- 
ing power,  such  position  under  the  tenure  of  good  behavior  and  sub- 
ject to  the  provisions  of  this  act  as  if  that  position  had  not  been  so 
excepted,  but  upon  such  appointee  ceasing  to  hold  such  position  that 
position  shall  be  open  as  in  such  excepted  class.  Upon  such  appointee 
ceasing  to  hold  such  office  by  reason  of  the  termination  of  the  tenure 
of  office  of  said  appointing  power,  said  appointee  shall  be  restored  to 
place  upon  the  eligible  lists  in  accordance  with  such  rules  and  regula- 
tions as  the  commission  may  prescribe  in  that  behalf.  Any  position 
subject  to  the  provisions  of  this  act  may  be  declared  exempted  by 
resolution  passed  by  concurrence  of  the  three  commissioners.  Such 
resolution  shall  state  separately  the  reasons  for  each  exemption.  Not 
more  than  one  appointment  shall  be  made  to  or  under  any  position  cov- 
ered by  such  resolution  unless  permission  to  appoint  a  different  number 
is  given  therein.  Any  exception  thus  made  may  be  terminated  at  any 
time  by  resolution  of  the  commission.  Appointments  to  exempted  posi- 
tions shall  be  reported  immediately  to  the  commission.  The  names  of 
each  exempted  position  and  the  names  of  the  incumbent  and  the  reason 
for  each  exemption  shall  be  stated  in  the  biennial  reports  of  the  com- 
mission. 

Rules  for  classification  of  positions. 

§  8.  Within  three  months  after  the  commission  is  constituted,  it 
shall  make  rules  for  the  classification  of  positions  to  be  held  under 
state  authority  to  be  provided  by  this  act,  and,  subject  to  the  provisions 
of  this  act;  such  rules  shall  govern  appointments,  transfers,  reinstate- 
ments, promotions,  reductions  and  removals,  -and  examination  of  ap- 
plicants, and  the  commission  may  amend  such  rules  from  time  to  time. 
Such  rules  shall  be  printed  for  public  distribution. 


1033  CIVIL  SERVICE  COMMISSION.      Act  606,  §§  9, 10 

Method  of  making  appointments.  Appointments  for  probationary 
period. 
§  9.  Subject  to  the  special  provisions  in  this  act  as  to  laborers, 
appointments  shall  be  made  to  all  positions  that  are  not  filled  by 
promotion,  reinstatement,  transfer  or  reduction,  under  the  provisions  of 
this  act  and  the  rules  in  pursuance  thereof,  by  the  appointing  power: 
Said  appointing  power  shall  notify  the  commission  of  any  vacancy  to 
be  filled,  stating  the  duties  of  the  position.  The  commission  shall  then 
certify  to  the  appointing  power  the  names  and  addresses  of  the  three 
persons  standing  highest  on  the  eligible  list  for  the  class  or  grade  to 
which  the  position  belongs;  but  in  case  there  be  less  than  three  on 
such  eligible  list,  the  commission  shall  certify  the  number  thereon;  and 
the  appointing  power  shall  fill  the  position  by  the  appointment  of  one 
of  the  persons  certified  by  the  commission  therefor.  The  term  of 
eligibility  shall  be  fixed  for  each  eligible  list  at  not  less  than  one 
year.  Appointments  shall  be  made  from  the  eligible  list  most  nearly 
appropriate  for  the  position  to  be  filled,  and  a  new  list  shall  be  created 
for  a  stated  position  or  a  group  of  positions  only  when  there  is  no 
appropriate  list  existing  from  which  appointment  may  be  made.  No 
person  shall  be  appointed  under  any  title  not  appropriate  to  the  duties 
to  be  performed,  and  no  person  shall  be  assigned  to  perform  the  duties 
of  any  other  position  than  that  which  he  legally  holds,  except  by  con- 
sent of  the  commission.  All  appointments  shall  be  for  a  probationary 
period  to  be  fixed  by  the  commission  but  not  to  exceed  six  months. 
Unless  such  appointee  shall  have  been  dismissed  within  such  proba- 
tionary period  by  the  appointing  power  for  reasons  stated  in  writing 
and  filed  with  the  commission,  his  appointment  shall  become  permanent 
subject  to  the  provisions  of  this  act  as  to  removals,  suspensions  and 
changes.  Discharged  probationers  may  by  unanimous  vote  of  the  com- 
mission be  restored  to  the  list  of  eligibles  for  certification  to  any 
position  within  their  class  other  than  the  one  from  which  they  were 
rejected. 

Character  of  examinations.  Preliminary  requirements.  Application 
blanks.  Refusal  to  examine.  Bonds. 
§  10.  The  examinations  shall  be  practical  in  their  character,  and 
shall  relate  to  .those  matters  which  will  fairly  test  the  relative  capacity 
and  fitness  of  the  persons  examined  to  discharge  the  duties  of  the 
positions  they  seek.  Applicants  for  positions  in  the  mechanical  trades 
and  occupations  may,  in  the  discretion  of  the  commission,  be  rated 
solely  on  experience  and  physical  qualifications  which  may  be  deter- 
mined by  such  evidence  and  in  such  manner  as  the  commission  may 
direct;  and  such  applicants  may  be  submitted  to  such  further  tests  as 
the  commission  may  require.  The  commission  shall  prepare  lists  of 
preliminary  requirements  and  subjects  of  examinations  for  the  several 
positions,  and  shall  publish  its  rules  and  regulations  and  such  informa- 
tion and  advertise  such  examinations  in  such  manner  as  the  nature  of 


Act  606,  §§  11,  12  GENERAL   LAWS.  1034 

the  examination  may  require.  The  commission,  except  as  may  be  other- 
wise provided  in  the  ease  of  laborers,  shall  require  an  applicant  to  file 
in  its  office,  in  accordance  with  its  rules  and  regulations,  a  reasonable 
length  of  time  before  the  date  of  examination,  a  formal  application 
filled  out  in  his  own  handwriting.  Blank  forms  of  such  applications 
shall  be  furnished  by  said  commission  without  charge  to  all  persons 
requesting  the  same.  The  commission  may  require  in  connection  with 
ap|)lic':itions,  including  laborers,  such  certificates  of  citizens,  physicians, 
public  officers  or  others  having  knowledge  of  the  applicant,  as  the  good 
of  tlio  service  may  require.  The  commission  may  refuse  to  examine, 
or  after  examination  to  certify  as  eligible,  anyone  who  is  found  to  lack 
any  of  the  established  preliminary  requirements  for  the  examination  or 
position  for  which  he  applies;  or  who  is  physically  so  disabled  as  to  be 
rendered  unfit  to  perform  the  duties  of  the  position  to  which  he  seeks 
;ipi)oiutment,  or  who  is  addicted  to  the  habitual  use  of  intoxicating 
leverages  to  excess;  or  who  has  been  guilty  of  a  crime  or  of  infamous 
or  notoriously  disgraceful  conduct;  or  who  has  been  dismissed  from 
the  public  service  for  delinquency  or  misconduct;  or  who  has  inten- 
tionally made  a  false  statement  of  any  material  facts,  or  practiced,  or 
attempted  to  practice,  any  deception  or  fraud  in  his  application,  in  his 
examination,  or  in  securing  his  eligibility.  Any  person  appointed  to  a 
position  under  the  provisions  of  this  act  who  has  secured  his  place 
on  the  eligible  list  through  fraud  shall  be  removed  by  the  commission 
from  his  petition  and  shall  not  thereafter  be  eligible  for  examination 
for  any  position  under  the  provisions  of  this  act  except  by  unani- 
mous permission  of  the  commission.  When  the  position  to  be  filled 
involves  fiduciary  responsibility,  the  appointing  power  may  require  the 
appointee  to  furnish  a  reasonable  bond  or  other  security,  and  shall 
notify   the   commission   of   the   amount   and   necessary   details   thereof. 

Temporary  appointments. 

§  11.  When  there  is  no  eligible  list  from  which  a  position  may  be 
filled,  the  appointing  power  may,  with  the  consent  of  the  commission, 
fill  such  position  by  temporary  appointment,  and  such  temporary  ap- 
pointment shall  not  continue  for  a  longer  period  than  three  months,  nor 
shall  successive  temporary  appointments  be  made  to  the  same  position 
under  this  section  without  the  previous  consent  of  the  commission,  and 
in  no  case  shall  any  person  hold  a  position  under  such  successive  tem- 
porary appointments  for  a  longer  period  than  six  months  without  the 
unanimous  consent  of  the  commission. 

Emergency  appointments. 

§  12.  The  commission  shall  establish  rules  and  regulations  under 
which  emergency  appointments  may  be  made  when  those  on  the  eligible 
lists  are  not  immediately  available,  and  for  the  time  for  which  such 
emergency  appointments  shall  be  valid;  and  may  fix  a  different  time  for 
different  counties  or  cities  and  counties  of  the  state. 


1035  CIVIL  SERVICE  COMMISSION.     Act  606,  §§  13, 14 

Promotions.     Transfers. 

§  13.  Vacancies  in  positions  shall  be  filled,  so  far  as  practicable  by 
promotion  from  among  persons  holding  positions  in  a  lower  grade  of  the 
department,  office  or  institution  in  which  the  vacancy  exists.  Pro- 
motions shall  be  based  upon  merit  and  competition  and  upon  the  su- 
perior qualifications  of  the  person  promoted  as  shown  by  his  records  of 
efficiency.  For  the  purposes  of  this  section  an  increase  in  the  salary  or 
other  compensation  of  any  person  holding  an  office  or  position  within 
the  scope  of  the  rules  and  regulations  in  force  hereunder  beyond  the 
limit  fixed  fpr  the  grade  in  which  such  office  and  position  is  classified, 
shall  be  deemed  a  promotion.  The  commissions  may  authorize  the  trans- 
fer of  any  person  legally  holding  a  position  to  a  similar  position  in  the 
same  class  or  grade,  and  may  provide  for  the  reinstatement  within  one 
year  of  persons  separated  from  positions  without  fault  or  delinquency 
on  their  part,  if  within  that  time  there  is  need  for  their  services.  No 
promotion,  transfer  or  reinstatement  shall  be  made  from  a  position  in 
one  class  to  a  position  in  another  class,  nor  shall  a  person  be  transferred 
to  or  reinstated  in  a  position  for  original  entrance  to  which  there  is 
required  by  this  act  or  the  rules  and  regulations  thereunder  an  examin- 
ation involving  essential  tests  or  qualifications  different  from  or  higher 
than  those  required  for  original  entrance  to  the  position  held  by  such 
person. 

Tenure  of  office.     Written  charges.     Public  hearing.     Judgment  not  sub- 
ject to  review.     Suspension. 
§  14.     The  tenure  of  everyone  holding  a  position  under  the  provisions 
of  this  act  shall  be  during  good  behavior,  but  any  such  person  may  be 
removed  for  any  of  the  following  causes: 

(a)  Incompetence,  or  inefficiency. 

(b)  Dishonesty,  intemperance,  immoral  conduct,  insubordination,  dis- 
courteous treatment  of  the  public  or  of  fellow  employees,  a  violation  of 
the  provisions  of  this  act  or  of  the  rules  and  regulations  of  the  com- 
mission or  any  other  failure  of  good  behavior.  The  appointing  power 
that  could  fill  such  positions  under  the  provisions  of  this  act  if  vacant 
or  the  commission  may  remove,  as  hereinafter  provided,  for  such  cause. 
The  appointing  power  in  so  proceeding  must  furnish  to  the  person  hold- 
ing such  position  written  charges  setting  forth  such  ground  for  removal 
and  file  copy  with  the  commission  and  allow  the  accused  a  reasonable 
time  and  opportunity  to  file  wnth  the  commission  and  furnish  to  said 
appointing  power  written  answer  and  explanation  and  thereafter  said 
appointing  power  shall  publicly  hear  and  determine  such  charges  after 
reasonable  notice  to  the  accused  and  the  commission  of  the  time  and 
place  of  said  hearing  and  affording  the  accused  an  opportunity  at  such 
hearing  to  present  whatever  competent  evidence  the  accused  may  desire 
in  defense.  In  case  of  charges  presented  by  or  to  the  commission,  it 
shall  proceed  in  like  manner.  A  judgment  of  removal,  in  writing,  set- 
ting forth  the  findings  of  said  appointing  power  after  such  hearing  and 


Act  606,  §§  15,  16  GENERAL   LAWS,  103ti 

filed  with  the  commission,  shall  be  final  and  effect  such  removal  and 
shall  not  be  subject  to  review  by  any  other  tribunal,  except  that  in  case 
of  proceedings  against  the  same  person  before  both  the  ap[iointing  power 
and  the  commission  the  judgment  against  the  accused  by  either  the  ap- 
pointing power  or  the  commission  shall  control  a  judgment  by  the  other 
in  favor  of  the  accused.  Such  appointing  power  may  from  time  to  time 
peremptorily  suspend,  with  loss  of  salary  or  other  compensation  during 
such  suspension,  such  person  for  such  cause,  and  without  trial,  but  only 
upon  written  charges  so  furnished  to  such  person  and  filed  with  the  com- 
mission and  with  the  privilege  to  such  person  to  so  furnish  to  the  ap- 
pointing power  and  file  with  the  commission  written  answer  and  ex- 
planation, but  such  suspension  or  total  suspensions  by  that  appointing 
power  of  that  person  shall  not  exceed  thirty  days.  Either  the  appoint- 
ing power  or  the  commission  may  transfer  charges  to  the  other  for 
action  or  investigation. 

Employment  of  laborers. 

§  15.  The  commission  shall  provide  by  rule  for  the  employment  of 
laborers  in  the  labor  class  in  the  order  of  priority  of  application  for 
employment.  There  shall  be  separate  lists  of  applicants  for  different 
kinds  of  labor,  and  the  commission  may  j)rovide  sejiarate  labor  registra- 
tion lists  for  departments,  institutions,  districts  or  localities.  The  com- 
mission may  require  an  applicant  for  registration  to  pass  such  examin- 
ation as  they  may  deem  proper  with  respect  to  his  age,  residence, 
physical  condition,  ability  to  labor,  skill,  capacity  and  experience.  The 
commission  shall  establish  such  time  as  it  may  deem  expedient  for  the 
duration  of  eligible  lists  in  the  labor  class. 

Reports  of  appointees,  etc.  Official  roster.  Names  of  persons  now  hold- 
ing positions  to  be  certified  to  commission. 
§  16.  It  shaFl  be  the  duty  of  each  appointing  power  to  report  to  the 
commission  forthwith  upon  each  appointment  the  name  of  the  appointee, 
the  title  or  character  of  the  position,  the  date  of  the  commencement  of 
such  service,  and  the  salary  or  compensation  therefor,  and  to  report 
from  time  to  time,  and  upon  the  date  of  official  action  in,  or  knowledge 
of  each  case,  any  separation  of  the  person  from  the  position,  or  other 
changes,  and  such  other  information  as  the  commission  may  require  in 
order  to  keep  the  roster  hereinafter  mentioned.  The  commission  shall 
keep  in  its  office  an  official  roster  of  all  persons  holding  positions  under 
the  provisions  of  this  act  and  shall  enter  thereon  the  name  of  each  and 
every  person  who  has  been  appointed  to,  promoted,  reduced,  transferred, 
reinstated  or  removed  from  or  left  any  position  and  require  such  evi- 
dence as  it  may  deem  satisfactory  as  to  whether  such  person  was  ap- 
pointed to,  promoted,  reduced,  transferred,  reinstated  or  removed  from 
such  position  in  accordance  with  the  provisions  of  this  act  and  the  rules 
and  regulations  of  the  commission  thereunder  and  as  to  when  and  why 
and  how  such  person  was  otherwise  separated  from  such^position.     The 


1037  CIVIL  SERVICE  COMMISSION.      Act  606,  §§  17, 18 

official  roster  shall  show  opposite,  or  in  connection  with,  each  name,  the 
date  of  appointment,  promotion,  reduction,  transfer  or  reinstatement,  the 
compensation  of  the  position,  the  date  of  commencement  of  service  and 
change  in  or  separation  from  position  and  when  and  why  and  how  there 
was  such  change  or  separation.  The  names  of  all  persons  holding 
positions  at  the  time  of  the  taking  effect  of  this  act  which  if  vacant 
would  be  filled  under  the  provisions  of  this  act  shall  be  certified  to  the 
commission  by  the  appointing  power  that  could  then  so  fill  such  position 
if  vacant,  and  such  names  shall  be  entered  in  said  roster,  and  thereupon 
shall  be  deemed  appointed  under  the  provisions  of  this  act  and  persons 
then  holding  such  positions  who  have  served  in  such  positions  a  less 
period  than  one  year  and  more  than  sixty  days  from  the  date  of  the 
classification  of  such  positions  as  required  by  this  act  shall  be  deemed 
to  be  serving  the  probationary  period,  and  persons  who  have  served  in 
such  positions  for  less  than  such  sixty  days  shall  be  deemed  temporary 
appointees. 

Commission  to  certify  to  pay-rolls  before  controller  issues  warrant. 

§  17.  It  shall  be  unlawful  for  the  controller  or  other  fiscal  officer  of 
the  state  to  draw,  sign,  issue,  or  authorize  the  drawing,  signing,  or 
issuing  of  any  warrant  on  the  treasurer  or  other  disbursing  officer  of 
the  state  for  the  payment  of,  or  for  the  treasurer  or  other  disbursing 
officer  to  pay  any  salary  or  compensation  to  anyone  holding  any  position 
under  the  provisions  of  this  act  unless  the  estimate,  payroll  or  account 
for  such  salary  or  compensation,  containing  the  name  of  the  person  to 
be  paid,  shall  bear  the  certificate  of  the  commission  that  the  persons 
named  in  such  estimate,  pay-roll  or  account  are  holding  positions  as 
provided  by  this  act  and  the  rules  and  regulations  prescribed  thereunder. 
Any  sums  paid  contrary  to  the  provisions  of  this  section  may  be  recovered 
from  anyone  making  such  appointment  in  violation  of  the  provisions 
of  this  act  and  of  the  rules  and  regulations  prescribed  thereunder  or 
from  any  officer  signing,  or  countersigning,  or  authorizing  the  signing 
or  countersigning  of  any  warrant  for  the  payment  of  the  same,  and 
from  the  sureties  on  his  official  bond  in  an  action  in  any  court  of  com- 
petent jurisdiction  of  this  state  maintained  by  a  citizen  resident  therein, 
who  is  assessed  for  and  is  liable  to  pay,  or  within  one  year  before  the 
commencement  of  such  action  has  paid,  a  tax  therein.  All  moneys  re- 
covered in  any  action  brought  under  the  provisions  of  this  section  must, 
when  collected,  be  paid  into  the  treasury  of  the  state,  except  that  the 
plaintiff  in  any  such  action  shall  be  entitled  to  receive  for  his  own  use 
the  taxable  costs  of  such  action. 

Penalty  for  false  marking,  grading,  etc.,  of  persons  examined. 

§  18.  Any  commissioner  or  examiner,  or  any  person  who  shall  will- 
fully by  himself  or  in  co-operation  with  one  or  more  persons,  defeat, 
deceive  or  obstruct  any  person  in  respect  of  his  or  her  right  of  ex- 
amination or  registration,  according  to  any  rules  or  regulations  pre- 
scribed pursuant  to  the  provisions  of  this  act,  or  who  shall  willfully  and 


Act  606,  §§  19,  20  GENERAL  LAWS.  1038 

falsely  mark,  grade,  estimate,  or  report  upon  the  examination  or  proper 
standing  of  any  person  examined,  registered,  or  certified,  pursuant  to 
the  provisions  of  this  act,  or  aid  in  so  doing,  or  "who  shall  willfully 
make  any  false  representation  concerning  the  same,  or  concerning  the 
person  examined,  or  who  shall  willfully  furnish  to  any  person  any  special 
or  secret  information  for  the  purpose  of  either  improving  or  injuring 
the  prospects  or  chances  of  any  person  so  examined,  registered,  or  cer- 
tified, or  to  be  examined,  registered,  or  certified,  or  who  shall  personate 
any  other  person,  or  permit  or  aid  in  any  manner  any  other  person  to 
personate  him,  in  connection  with  any  examination  or  registration  or 
application  or  request  to  be  examined  or  registered,  shall  be  deemed 
guilty  of  misdemeanor. 

Soliciting  from  persons  on  eligible  list  prohibited. 

§  19.  No  officer,  agent,  clerk  or  employee  under  the  government  of 
the  state  shall,  directly  or  indirectly,  solicit  or  receive,  or  be  in  any 
manner  concerned  in  soliciting  or  receiving,  any  assessment,  subscrip- 
tion, contribution  or  political  service,  whether  voluntary  or  involuntary, 
for  any  political  purpose  whatever,  from  anyone  on  the  eligible  lists 
or  holding  any  position  under  the  provisions  of  this  act. 

Every  officer,  agent,  clerk  or  employee  under  the  government  of  the 
state  who  may  have  charge  or  control  in  any  building,  office,  or  room 
occupied  for  any  purpose  of  said  government  is  hereby  authorized  to 
prohibit  the  entry  of  any  person,  and  he  sliall  not  permit  any  person  to 
enter  the  same,  for  the  purpose  of  therein  making,  collecting,  receiving  or 
giving  notice  of  any  political  assessment,  subscription  or  contribution, 
and  no  person  shall  enter,  or  remain  in  any  said  building,  office  or  room, 
or  send  or  direct  any  letter  or  other  notice  thereto,  for  the  purpose  of 
giving  notice  of,  demanding,  or  collecting  a  political  assessment,  sub- 
scription or  contribution,  nor  shall  any  person  therein  give  notice  of, 
demand,  collect  or  receive,  any  such  assessment,  subscription  or  con- 
tribution contrary  to  the  provisions  of  this  section. 

Promise  of  advancement  for  political  influence  prohibited. 

§  20.  No  one,  while  holding  any  public  office,  or  in  nomination  for, 
or  while  seeking  a  nomination  or  appointment  for,  any  public  office,  shall 
use  or  promise  to  use,  whether  directly  or  indirectly,  any  official  au- 
thority or  influence  (whether  then  possessed  or  merely  anticipated)  in  the 
way  of  conferring  upon  any  person,  or  in  order  to  secure  or  aid  any 
person  in  securing  any  jiosition  under  the  provisions  of  this  act,  either  in 
nomination,  confirmation,  promotion,  or  increase  in  salary,  or  as  to 
any  change  in  any  such  position,  upon  a  consideration  or  condition  that 
the  vote  or  political  influence  or  action  of  the  last-named  person  or  any 
other,  shall  be  given  or  used  in  behalf  of  any  candidate,  officer  or 
party,  or  upon  any  other  corrupt  condition  or  consideration.  And  no 
one.  being  a  public  oflicer,  or  in  nomination  for,  or  while  seeking  nom- 
ination or  apiiointment  for.  any  i)ul)lic  office  or  having  or  claiming  to 
have    any    authority    or    influence    (whether    then    possessed    or    merely 


1039  Civil  SERVICE  COMMISSION.    Act  606,  §§  21-25 

anticipated)  for  the  secuiiiig  or  holding  of  or  as  to  affecting  any  position 
under  the  provisions  of  this  act,  shall  use,  or  promise  or  threaten  to  use, 
any  such  authority  or  influence,  directly  or  indirectly,  in  order  to  coerce 
or  persuade  the  vote  or  political  action  of  any  jierson  on  the  eligible 
lists  or  holding  any  position  under  the  provisions  of  this  act. 

No  salary  to  persons  appointed  in  violation  of  act. 

§  21.  No  salary,  compensation  or  other  emolument  shall  be  paid  to 
anyone  appointed  to  or  retained  in  any  position  in  violation  of  this  act. 
Any  officer  ai)proving  or  paying  such  salary  shall  be  liable  for  such  sum 
on  his  official  bond.  Whenever  the  commission  shall  notify  the  audit- 
ing officer  that  any  position  has  been  filled  in  violation  of  this  act  or 
any  of  the  rules  and  regulations  thereunder,  no  demand  for  the  salary 
or  compensation  or  other  emolument  of  such  position  shall  be  approved 
or  paid  except  upon  the  order  of  a  court  of  competent  jurisdiction. 

Appointing  power  must  pay  persons  accepting  appointment  in  good  faith. 
§  22.  Any  person  acting  in  good  faith  in  accepting  appointment  or 
emplo^yment  contrary  to  the  provisions  of  this  act  or  of  the  rules  and 
regulations  prescribed  thereunder,  shall  be  paid  by  the  appointing  power 
the  compensation  promised  by  or  on  behalf  of  the  appointing  power  or 
in  case  no  compensation  is  so  promised  then  the  actual  value  of  any 
service  rendered  and  the  expense  incurred  in  good  faith  under  such 
attempted  appointment  or  employment,  and  shall  have  a  cause  of  action 
against  the  appointing  power  for  such  sum  or  sums  and  for  the  costs  of 
action.  No  public  officer  shall  be  reimbursed  by  the  state  or  any  of  its 
instrumentalities  for  any  sum  so  paid  or  recovered  in  such  action. 

Political  and  religious  recommendation. 

§  23.  No  recommendation  or  question  or  inquiry  under  the  authority 
of  this  act  shall  relate  to  the  political  or  religious  opinions  or  affiliations 
of  any  person,  and  no  appointment  or  change  in  or  removal  from  any 
position  under  the  provisions  of  this  act  shall  be  in  any  manner  affected 
or  influenced  by  such  opinions  or  affiliations. 

Witness  fees. 

§  24.  Witnesses  and  officers  to  subpoena  and  secure  the  attendance- 
of  Witnesses  before  the  commission,  or  any  commissioner,  or  the  chief 
examiner  or  other  authorized  agent  of  the  commission,  shall  be  entitled 
to  the  same  fees  as  are  allowed  witnesses  in  civil  cases  in  courts  of 
record.  Such  fees  need  not  be  prepaid,  but  the  controller  shall  draw 
his  warrant  for  the  payment  of  the  amount  thereof  when  the  same  shall 
Lave  been  certified  to  by  the  commission  and  duly  proved  by  affidavit 
or  otherwise  to  the  satisfaction  of  the  controller. 

Penalty. 

§  25.  Any  person  willfully  violating  any  of  the  provisions  of  this  act 
shall  be  guilty  of  a  misdemeanor. 


Act  624,  §§  1,  2  GENERAL   LAWS.  1040 

Repeal  of  inconsistent  acts. 

§  26.  All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby 
repealed  in  so  far  as  they  are  inconsistent  with  the  provisions  of  this 
act. 

Appropriation. 

§  27.  There  is  hereby  appropriated  the  sum  of  fifty  thousand  dollars 
for  carrying  into  effect  the  provisions  of  this  act,  and  for  defraying 
the  expenses  of  the  commission  during  the  biennial  term  of  1913-1914, 

TITLE  94a. 

COLD  STORAGE. 
ACT  624. 

An  act  relating  to  cold  storage,  the  regulation  of  refrigerating  ware- 
houses, the  disposition  or  sale  of  food  kept  or  preserved  therein, 
and  defining  the  duties  of  the  state  board  of  health  in  relation 
thereto, 

[Approved  June  13,  1913.     Stats.  1913,  p.  769.] 

"Cold  storage,"  etc.,  defined.     "Articles  of  food,"     "Storer." 

§  1,  The  term  "cold  storage"  as  used  in  tiiis  act  shall  be  construed 
to  mean  a  place  artificially  cooled  to  a  temperature  of  40  degrees  Fahren- 
heit or  below  but  shall  not  include  such  a  place  in  a  private  home. 
The  term  "cold  stored"  as  used  in  this  act  shall  be  construed  to  mean 
the  keeping  of  "articles  of  food,"  excepting  eggs  and  butter,  in  "cold 
storage"  for  a  period  exceeding  thirty  days;  provided,  however,  that 
when  the  term  "cold  stored"  is  used  in  connection  with  eggs  and  butter, 
it  shall  mean  the  keeping  of  these  "articles  of  food"  in  "cold  storage" 
for  any  length  of  time  whatever.  The  term  "articles  of  food"  as  used 
in  this  act  shall  be  construed  to  mean  and  include  fresh  meat,  and  fresh 
meat  products  (except  in  process  of  manufacture),  fresh  fruit  and  vege- 
tables, fish,  shellfish,  game,  poultry,  eggs,  butter  and  cheese.  The  terra 
"storer"  as  used  in  this  act  shall  be  construed  to  mean  the  person  or 
persons  who  ofl'er  articles  of  food  for  cold  storage. 

Application  to  operate  cold  storage  plant.     License  fee. 

§  2.  Any  person,  firm  or  corporation  desiring  to  operate  a  public  cold 
storage  or  refrigerating  warehouse,  shall  make  application  in  writing 
to  the  state  board  of  health  for  that  purpose,  stating  the  location  of 
its  plant  or  plants.  On  receipt  of  the  application  the  state  board  of 
health  shall  cause  an  examination  to  be  made  into  the  sanitary  condition 
of  said  plant  or  plants  and  if  found  to  be  in  a  sanitary  condition  and 
otherwise  properly  equipped  for  the  business  of  cold  storage,  the  state 
board  of  health  shall  cause  a  license  to  be  issued  authorizing  the  appli- 
cant to  operate  a  cold  storage  or  refrigerating  warehouse  for  and  during 
a  period  of  one  j'car.  The  license  shall  be  issued  upon  payment  by 
the  applicant  of  a  license  fee  of  fifty  dollars  to  the  state  board  of  health. 


1041  COLD   STORAGE.  Act  624,  §§  3-5 

The  secretary  of  the  state  board  of  health  shall  keep  a  full  and  correct 
account  of  all  fees  received  under  the  provisions  of  this  act,  and  shall, 
at  least  once  each  month,  deposit  all  such  fees  collected  with  the  state 
treasurer,  and  make  a  detailed  report  covering  same  to  the  state  con- 
troller, and  such  moneys  shall  be  credited  to  the  traveling  and  contin- 
gent fund  of  the  state  board  of  health,  to  be  used  exclusively  for  the 
purposes  of  this  act. 

Use  of  unsanitary  places  for  cold  storage  prohibited. 

§  3.  In  the  event  that  any  place  or  places,  or  any  part  thereof,  cov- 
ered by  a  license,  under  the  provision  of  this  act  shall  at  any  time 
be  deemed  by  the  state  board  of  health  to  be  in  an  unsanitary  condi- 
tion, it  shall  be  the  duty  of  the  state  board  of  health  to  notify  licensee 
of  such  condition  and  upon  the  failure  of  the  licensee  to  put  said 
specified  place  or  places,  or  the  specified  part  thereof,  in  a  sanitary 
condition  within  a  designated  time  it  shall  be  the  duty  of  the  state 
board  of  health  to  prohibit  the  use  under  its  license  [of]  such  speci- 
fied place  or  places,  or  part  thereof,  as  it  deems  in  an  unsanitary  con- 
dition until  such  time  as  it  may  be  put  in  a  sanitary  condition. 

Record  of  receipts  and  withdrawals.     Quarterly  reports. 

§  4.  It  shall  be  the  duty  of  any  person,  firm  or  corporation,  licensed  to 
operate  a  cold  storage  or  refrigeration  warehouse  to  keep  an  accurate 
record  of  the  receipts  and  the  withdrawals  of  the  articles  of  food,  and 
the  state  board  of  health  shall  have  free  access  to  these  records  at  any 
time. 

Every  such  person,  firm  or  corporation,  shall,  furthermore,  submit  a 
quarterly  report  to  the  state  board  of  health,  setting  forth  in  itemized 
particulars  quantity  of  food  products  held  in  cold  storage.  Such  quar- 
terly reports  shall  be  filed  on  or  before  the  twenty-fifth  day  of  January, 
April,  July  and  October  of  each  year,  and  the  reports  so  rendered 
shall  show  the  conditions  existing  on  the  first  day  of-  the  month  in 
which- the  report  is  filed.  The  state  board  of  health  shall  have  the 
authority  to  require  such  reports  to  be  made  at  more  frequent  inter- 
vals than  the  times  herein  specified,  if  in  the  judgment  of  the  state 
board  of  health  more  frequent  reports  shall  be  needed  in  the  interest 
of  a  proper  enforcement  of  this  act,  or  for  other  reasons  affecting  the 
public  welfare. 

Diseased  articles  not  to  be  stored.     Articles  for  other  than  human  coa- 
sumption  to  be  marked. 

§  5.  No  storer  shall  place  in  cold  storage  any  article  of  food  intended 
for  human  consumption,  if  diseased,  tainted  or  deteriorated  so  as  to 
injure  its  keeping  qualities,  or  if  not  slaughtered,  handled  and  pre- 
pared for  storage  in  accordance  with  the  pure  food  and  sanitary  food 
laws  and  such  rules  and  regulations  as  may  be  prescribed  by  the  state 
board  of  health  for  the  sanitary  preparation  of  food  products  for  cold 
66 


Act  624,  §§6-9  GENERAL  LAWS.  1042 

storage,  under  the  authority  hereinafter  conferred.  Any  article  of 
food  if  intended  for  use  other  than  human  consumption  before  being 
cold  stored  shall  be  marked  by  the  owner  in  accordance  with  forms 
prescribed  by  the  state  board  of  health,  under  authority  hereinafter 
conferred,  in  such  a  way  as  to  plainly  indicate  the  fact  that  sueh 
articles  are  not  to  be  sold  for  human  food. 

Board  of  health  to  supervise  and  inspect  cold  storage  plants. 

§  6.  It  shall  be  the  duty  of  the  state  board  of  health  to  inspect 
and  supervise  all  cold  storage  or  refrigerating  warehouses  in  this  state, 
and  to  make  such  inspection  of  the  entry  of  articles  of  food  therein 
as  the  state  board  of  health  may  deem  necessary  to  secure  proper  en- 
forcement of  this  act.  The  members  of  the  state  board  of  health  or 
its  duly  authorized  agents,  inspectors  or  employees,  shall  be  permitted 
access  to  such  establishments  and  all  parts  thereof  at  all  reasonable 
times  for  purposes  of  inspection  and  enforcement  of  the  provisions 
of  this  act.  The  state  board  of  health  may  also  appoint  and  designate, 
at  such  salary  or  salaries  as  it  may  designate,  such  person  or  persons  as 
it  deems  qualified  to  make  the  inspections  herein  required. 

Dates  of  receipt  and  withdrawal  marked  on  articles. 

§  7.  All  articles  of  food  when  dejiosited  in  cold  storage  shall  be 
marked  plainly  on  or  in  connection  with  the  containers  in  which  they 
are  packed  on  the  individual  article  with  the  date  of  receipt,  and 
when  removed  from  cold  storage  shall  be  marked  with  the  date  of 
withdrawal,  in  accordance  with  such  forms  as  may  be  prescribed  by 
the  state  board  of  health,  under  the  authority  hereinafter  conferred. 

Maximum  period  twelve  months.     Extension  of  period. 

§  8.  No  person,  firm  or  corporation  as  owners  or  having  control 
shall  keep  in  cold  storage  any  article  of  food  for  a  longer  period  than 
twelve  calendar  mouths,  except  with  the  consent  of  the  state  board 
of  health,  as  hereinafter  provided.  The  state  board  of  health,  shall, 
upon  application,  grant  permission  to  extend  the  period  of  storage 
beyond  twelve  months  for  a  particular  consignment  of  goods,  if  the 
goods  in  question  are  found,  upon  examination,  to  be  in  proper  con- 
dition for  further  storage  at  the  end  of  twelve  months.  The  length 
of  time  for  which  further  storage  is  allowed  shall  be  specified  in  the 
order  granting  the  permission.  A  report  on  each  case  in  which  such 
extension  of  storage  may  be  permitted,  including  information  relating 
to  the  reason  for  the  action  of  the  state  board  of  health,  the  kin  1 
and  the  amount  of  goods  for  which  the  storage  period  was  extended, 
and  the  length  of  time  for  which  the  continuance  was  granted,  shall 
be  included  in  the  annual  report  of  the  state  board  of  health. 

Notice:    "These  are  cold  storage  goods." 

§  9.  It  shall  be  unlawful  to  sell,  or  to  offer  or  expose  for  sale, 
uncooked   articles    of   food   which   have   been   cold   stored    without    noti- 


i 


1043  COLD  STORAGE.  Act  G25,  §  1 

fying  persons  purchasing,  or  intending  to  purchase,  the  same  that  they 
have  been  kept  in  cold  storage  by  the  display,  'in  a  conspicuous  place 
and  upon  the  articles  of  food,  of  a  sign  marked,  "These  are  cold  stored 
goods,"  in  type  at  least  two  inches  high;  and  it  shall  be  unlawful  to 
represent  or  advertise  as  fresh  goods  articles  of  food  which  have  been 
placed  in  cold  storage. 

Unlawful  to  return  cold  stored  articles  to  cold  storage. 

§  10.  It  shall  be  unlawful  to  return  to  cold  storage  any  article  of 
food  that  has  once  been  released  from  such  storage  and  placed  on  the 
market  for  sale  to  consumers,  but  nothing  in  this  section  shall  be  con- 
strued to  prevent  the  transfer  of  goods  from  one  cold  storage  or  refrig- 
erating warehouse  to  another,  provided,  that  such  transfer  is  not  made 
for  the  purpose  of  evading  any  provision  of  this  act. 

Rules  and  regulations. 

§  11.  The  state  board  of  health  may  make  rules  and  regulations  to 
secure  a  proper  enforcement  of  the  provisions  of  this  act,  including 
rules  and  regulations  with  respect  to  the  sanitary  preparation  of  articles 
of  food  for  cold  storage,  the  use  of  marks,  tags,  or  labels,  and  the  dis- 
play of  signs,  and  the  violation  of  such  rules  shall  be  punished  on 
conviction,  as  provided  in  section  12  of  this  act. 

Penalty. 

§  12.  Any  person,  firm  or  corporation  violating  any  of  the  provisions 
of  this  act  shall  upon  conviction  be  punished  for  the  first  offense  by 
a  fine  not  exceeding  five  hundred  dollars,  and  for  the  second  offense 
by  a  fine  not  exceeding  one  thousand  dollars,  or  by  imprisonment  for 
not  more  than  ninety  days,  or  by  both  such  fine  and  imprisonment. 

§  13.  All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby 
repealed. 

ACT  625. 

An  act  to  regulate  the  sale  of  eggs  and  butter  that  have  been  in  cold 
storage  for  a  longer  period  than  three  months,  requiring  the  labeling 
thereof  by  all  persons  selling  or  offering  the  same  for  sale,  empow- 
ering and  directing  the  state  board  of  health  to  make  rules  and 
regulations  to  carry  this  act  into  effect  and  fixing  penalties  for  the 
violation   of  the  same,  or  any  of  the  provisions. 

[Approved   March   14,   1911.     Stats.   1911,   p.   356.] 

Definitions. 

§  1.  For  the  purpose  of  this  act  the  words  "person,  firm,  company 
or  corporation"  shall  include  wholesalers,  retailers,  jobbers,  and  every 
place  where  eggs  or  butter  that  have  been  in  cold  storage  for  a  longer 
period  than  three  months  are  sold  or  oft'ered  for  sale. 


Acts  626, 689  gener.vl  laws.  1044 

Marking  cold  storage  packages. 

§  2.  Every  person,  firm,  company  or  corporation,  who  sells  or  offers 
for  sale  any  eggs  or  butter  that  have  been  in  cold  storage  for  a  longer 
period  than  three  months  shall,  before  so  doing,  cause  to  be  stamped, 
marked  or  branded  upon  all  sides  of  each  receptacle  holding  and  con- 
taining the  same  in  black-faced  letters  two  inches  in  length  the  period 
of  time  during  which  the  same  have  been  in  cold  stOYage. 

Sign. 

§  3.  That  every  person,  firm,  company  or  corporation  selling  or  offer- 
ing for  sale  any  cold  storage  eggs  or  butter,  shall  display  in  a  con- 
spicuous place  in  his  or  their  salesroom,  a  sign  bearing  the  words  "Cold- 
storage  eggs  or  butter  sold  here"  in  black-faced  letters  not  less  than 
six  inches  in  length  upon  a  white  ground. 

Penalty. 

§  4.  Every  person,  firm,  companj-  or  corporation,  who  shall  fail  to 
comply  with  any  of  the  provisions  of  this  act  is  guilty  of  a  misdemeanor 
and  punishable  by  imprisonment  in  the  county  jail  for  a  term  not  ex- 
ceeding six  months,  or  a  fine  of  two  hundred  and  fifty  dollars,  or  both 
fine   and  imprisonment. 

Eules. 

§  5.  The  state  board  of  health  is  hereby  authorized  and  directed  to 
make  rules  and  regulations  necessary  to  carry  this  act  into  effect. 

§  6,     This  act  shall  take  effect  immediately. 

ACT  626. 

An  act  regulating  the  sale  of  cold  storage  eggs  and  butter,  represented 

to  be  fresh  eggs  and  butter,  and  fixing  a  penalty  for  the  violation 

thereof. 

[Approved   March   6,    1911.     Stats.    1911,   p.    2S5.] 

Selling  storage  eggs  and  butter  as  fresh. 

§  1.  Every  person,  firm,  company  or  corporation,  who  sells  or  offers 
for  sale  any  cold  storage  eggs  or  butter,  as  and  for  fresh  eggs  or  butter, 
or  who  by  any  means  whatever  represents  the  same  to  be  fresh  eggs 
or  butter  is  guilty  of  a  misdemeanor. 

TITLE  104a. 

CONSEEVATION  COMMISSION. 

ACT  689. 

An  act  creating  and  establishing  a  commission  for  investigating  and 
gathering  data  and  information  concerning  the  subjects  of  forestry, 
water,  the  use  of  water,  water  power,  electricity,  electrical  and 
other  power,  mines  and  mining,  mineral  and  other  lands,  dredging, 


1045  CONSERVATION   COMMISSION.         Aet689,  §§1-4 

reclamation  and  irrigation,  and  for  revising,  systematizing  and  re- 
forming tlie  laws  of  this  state  upon,  concerning,  regarding  or  ap- 
pertaining to  these  said  subjects;  i)roviding  for  the  appointment 
of  said  commission  to  be  known  as  the  "Conservation  Commission 
of  the  State  of  California";  prescribing  the  powers  and  duties  of 
said  commission  and  its  members  and  providing  for  the  expenses  of 
said  commission  and  appropriating  money  therefor. 

[Approved   April    8,    1911.     Stats.    1911,    p.    822.] 

Conservation  conunission. 

§  1.  A  commission  consisting  of  three  persons  which  shall  be  known 
and  designated  as  the  "Conservation  Commission  of  the  State  of  Cali- 
fornia," is  hereby  created  and  established  for  the  purpose  of  investi- 
gating and  gathering  data  and  information  concerning  the  subjects  of 
forestry,  water,  the  use  of  water,  water  power,  electricity,  electrical 
or  other  power,  mines  and  mining;  mineral  and  other  lands,  dredging, 
reclamation  and  irrigation,  and  for  the  purpose  of  revising,  systematiz- 
ing and  reforming  the  laws  of  this  state,  upon,  concerning,  regarding 
or  appertaining  to  these  said  subjects. 

Appointment  by  governor. 

§  2.  Said  commission  shall  be  appointed  by  the  governor,  and  shall 
enter  upon  the  performance  of  its  duties  immediately.  The  members 
of  said  commission  shall  hold  office  at  the  pleasure  of  the  governor.  In 
case  of  a  vacancy  in  said  commission,  such  vacancy  shall  be  filled  by 
appointment  by  the  governor. 

Duties. 

§  3.  It  shall  be  the  duty  of  said  commission  to  investigate  and  ex- 
amine the  laws  of  the  United  States,  of  foreign  nations,  of  the  states  of 
the  Union  and  of  this  state,  and  the  reports  and  recommendations  of 
persons,  officials,  commissions,  societies  and  associations  upon  the  sub- 
jects of  forestry,  water,  the  use  of  water,  water  power,  electricity,  elec- 
trical and  other  power,  mines  and  mining,  mineral  and  other  lands, 
dredging,  reclamation  and  irrigation  and  to  prepare  and  recommend  to 
the  legislature  laws,  statutes  and  constitutional  amendments  revising, 
systematizing  and  reforming  the  laws  of  this  state  upon  forestry,  water, 
the  use  of  water,  water  power,  electricity,  electrical  and  other  power, 
mines  and  mining,  mineral  and  other  lands,  dredging,  reclamation  and 
irrigation.  The  said  commission  is  hereby  authorized  and  empowered 
to  do  and  perform  the  acts  and  things  required  of  it  by  this  act,  and 
to  adopt  all  rules  and  regulations  necessary  to  carry  out  the  provisions 
of  this  act. 

Reports. 

§  4.  The  said  commission  is  hereby  empowered  and  authorized  to 
have  printed  by  the  state  printer  its  reports,  records  and  proceedings 
in  the  manner  provided  by  law. 


Act  692  GENERAL  LAWS.  1046 

State  officers  to  assist. 

§  5.  It  is  hereby  made  the  duty  of  the  attorney  general,  surveyor 
general,  the  state  engineer  and  all  other  state  officers  to  render  such 
aid  and  assistance  to  said  board  as  said  board  may  require. 

Expert,  etc.,  assistance. 

§  6.  For  the  purpose  of  carrying  out  the  provisions  of  this  act  the 
said  commission  is  authorized  to  employ  such  expert,  technical,  pro- 
fessional  and   clerical   assistance   and   upon   such   terms   as  it   may   deem 

proper. 

Commission  given  authority  to  enter  all  lands. 

§  7.  In  order  to  carry  out  the  provisions  of  this  act  the  members 
of  said  commission  or  any  person  authorized  bj'  it  are  authorized  to 
enter  and  cross  all  lands  within  this  state,  and  to  make  all  proper  and 
necessary  surveys  and  measurements  of  land  and  water;  provided,  that 
in  doing  so  no  damage  is  done  to  private  property;  and  it  shall  be 
a  misdemeanor,  for  any  person  or  persons  to  willfully  and  maliciously 
remove  or  destroy  any  permanent  marks  or  monuments  made  or  erected 
by  said  commission  or  any  person  or  persons  under  its  direction  or 
authorization,  or  to  prevent  the  members  of  the  said  commission  or  any 
person  authorized  by  said  commission  to  enter  and  cross  any  land  within 
this  state  or  to  make  surveys  and  measurements  of  land  and  water. 

No  salary. 

§  8.  Said  commissioners  shall  receive  no  salary  for  their  services,  but 
shall  be  allowed  their  actual  expenses  while  in  the  performance  of  their 
duties  as  in  this  act  provided. 

Appropriation. 

§  9.  The  sum  of  one  hundred  thousand  dollars  is  hereby  appropriated 
out  of  the  funds  of  the  state  not  otherwise  appropriated  for  the  pur- 
poses of  carrying  out  the  provisions  of  this  act,  and  the  state  controller 
is  hereby  authorized  and  directed  to  draw  warrants  upon  such  sum  from 
time  to  time  upon  the  requisition  of  said  conservation  commission  ap- 
oroved  by  the  board  of  examiners,  and  the  state  treasurer  is  hereby 
authorized  and  directed  to  pay  such  warrants. 

§  10.  All  acts  or  parts  of  acts  in  conflict  herewith  are  hereby 
repealed. 

§  11.     This  act  shall  take  effect  immediately. 

ACT  692. 

CTtetioni.     C»l.  156/74. 


1047  CONSTITUTION.  Acts  706, 707 

TITLE   107. 

CONSTITUTION. 
ACT  706. 

An  act  to  provide  for  the  dissemination  of  knowledge  regarding  the 
various  propositions  and  constitutional  amendments  which  are  to 
be  submitted  to  the  people  of  the  state  of  California  and  for  the 
distribution  of  copies  of  said  propositions  and  amendments  to  vari- 
ous institutions   of  learning  throughout  the  state. 

[Approved  April   27,   1911.     Stats.   1911,   p.   1162.] 

Copies  of  constitutional  amendments  to  be  furnished  schools. 

§  1.  For  the  puri)ose  of  encouraging  the  study  and  investigation  of 
the  various  propositions  and  constitutional  amendments  which  are  here- 
after submitted  to  the  people  and  to  stimulate  interest  therein,  and 
study  thereof  bj'  addresses,  debates  and  general  discussions  throughout 
the  various  institutions  of  learning  of  the  state  of  California,  the  sec- 
retary of  state  shall,  within  six  months  after  the  adjournment  of  each 
session  of  the  legislature,  have  printed  in  the  manner  prescribed  by 
section  1195  of  the  Political  Code  a  sufficient  number  of  all  propositions 
and  constitutional  amendments  which  are  to  be  submitted  to  a  vote  of 
the  people  at  any  election  thereafter,  to  supply  each  institution  of  higher 
learning  with  twenty-five  copies,  and  each  high  school  and  grammar 
school  with  ten  copies  thereof  and  deliver  the  same  to  the  superintend- 
ent of  public  instruction. 

Superintendent  of  public  instruction  to  make  statement  to  heads  of 
schools. 
§  2.  The  superintendent  of  public  instruction  shall  immediately  pre- 
pare such  instructions  to  the  heads  of  said  institutions  and  schools,  as 
he  may  deem  sufficient  to  properly  accomplish  the  object  expressed  in 
section  1  of  this  act,  and  shall  forward  said  propositions  and  con- 
stitutional amendments  to  the  heads  of  said  institutions  and  schools 
together  with  such  instructions. 

ACT  707. 

An  act  providing  for  the  calling  of  a  special  election  to  be  held  on 
Tuesday,  October  10,  1911,  and  for  the  submission  thereat  to  the 
qualified  electors  of  the  state  all  amendments  to  the  constitution 
of  the  state  of  California  proposed  by  the  legislature  at  its  thirty- 
ninth  session,  commencing  on  the  second  day  of  January,  1911, 
prescribing  and  providing  for  the  publication  of  said  proposed 
amendments,  and  providing  for  the  manner  of  holding  and  conduct- 
ing such  election  and  for  the  canvassing  and  return  of  the  votes 
cast  thereat. 

[Approved   March   27,   1911.     Stats.   1911,   p.  518.] 


Act  707,  §§  1,  2  GENERAL  LAWS.  1048 

Constitutional  amendment  election  October  10,  1911. 

§  1.  A  special  election  is  hereby  called  for,  and  shall  be  held  through- 
out the  state  of  California,  on  Tuesday,  the  tenth  day  of  October,  1911, 
and  at  such  special  election  there  shall  be  submitted  to  the  qualified 
electors  of  said  state,  for  adoption  or  rejection,  in  accordance  with  the 
provisions  of  section  1  of  article  18  of  the  constitution  of  said  state, 
all  amendments  to  said  constitution  proposed  by  the  legislature  of  said 
state  at  its  thirty-ninth  regular  session  commencing  on  the  second  day  of 
January,  1911. 

Brief  to  be  prepared  by  author  and  member  voting  against  amendment. 

Printing  copies.     Nimibering  amendments.     Copies  to  county  clerk. 

What  may  be  mailed  to  voters.  Copies  at  polling-places. 
§  2.  The  author  of  any  amendment  to  the  constitution  of  this  state, 
proposed  by  the  legislature  at  said  session  thereof,  which  amendment 
shall  have  been  passed  in  the  manner  required  by  section  1  of  article 
18  of  the  constitution,  and  one  member  of  the  same  house  who 
voted  with  the  majority  on  the  submission  of  such  amendment,  and  one 
member  of  the  same  house  as  the  author  who  voted  with  the  minority 
against  the  submission  of  such  amendment,  both  of  whom  shall  be 
selected  by  the  presiding  officer  of  such  house,  before  the  adjournment 
of  said  session  of  the  legislature,  shall,  within  ninety  days  after  the 
adjournment  thereof,  prepare  a  brief  statement  showing  the  purpose 
of  said  amendment,  and  a  comparative  statement  of  the  operation  of 
the  present  section  or  article  of  the  constitution,  and  as  proposed  to 
be  amended,  or  in  the  case  of  a  new  section  or  article,  a  statement  of 
the  operation  thereof,  and  the  reasons  advanced  by  the  majority  for 
its  adoption,  and  the  reasons  advanced  by  the  minority  against  its 
adoption,  and  any  other  reason  why  such  amendment  should  be  adopted, 
or  not  be  adopted,  and  forward  such  statement  to  the  secretary  of  state; 
provided,  that  in  all  cases  where  the  amendment  to  be  submitted  shall 
have  been  proposed  by  resolution  introduced  in  both  houses  of  the 
legislature  and  shall  have  been  adopted  substantially  as  proposed  in* 
each  house,  the  statement  herein  provided  for,  setting  forth  the  reasons 
why  such  amendment  should  be  adopted,  shall  be  prepared  by  the  re- 
spective authors  of  said  resolutions.  The  secretary  of  state  shall  cau«e 
to  be  printed  at  the  state  printing  office,  in  convenient  form,  one  and 
one-half  times  as  many  copies  of  such  statement  as  there  are  registered 
voters  in  this  state,  and  the  secretary  of  state  shall,  not  less  than 
twenty-five  days  before  said  special  election,  certify  all  such  amend- 
ments to  the  county  clerk  of  each  county  of  the  state,  and  shall  cause 
to  be  printed  at  the  state  printing  office  one  and  one-half  times  as 
many  copies  of  said  amendments  as  there  are  registered  voters  in  the 
state,  which  amendments  shall  be  numbered  by  the  secretary  of  state 
consecutively  in  the  following  oider:  first,  the  senate  constitutional 
amendments  in  the  order  of  their  introduction,  and  next,  the  assembly 
constitutional  amendments  in  the  order  of  their  introduction.     The  first 


1049  CONSTITUTION.  Act  707,  §§  3, 4 


assembly  amendment  shall  follow  numerically  the  last  senate  amend- 
ment. At  least  thirty  days  before  said  special  election  at  which  such 
amendments  are  to  be  voted  on,  the  secretary  of  state  shall  furnish  each 
county  clerk  in  the  state  with  one  and  one-half  times  as  many  such 
copies  of  the  statements  and  of  the  amendments  as  there  are  registered 
voters  in  his  county.  The  clerk  of  each  county  shall  thereafter  cause 
to  be  mailed  to  each  voter  a  copy  of  each  of  said  constitutional  amend- 
ments and  of  said  statements,  at  the  same  time  and  in  the  same  manner 
and  in  the  same  envelope  provided  for  in  section  1194  of  the  Political 
Code,  and  no  other  publication  of  said  amendments  or  either  of  them 
shall  be  necessary  or  authorized.  No  leaflet,  pamphlet,  card,  or  other 
printed  matter  shall  be  inclosed  or  mailed  in  said  envelope  other  than 
that  expressly  herein  or  otherwise  provided  by  law,  or  prepared  by  the 
county  clerk  for  the  purpose  of  informing  the  voter  regarding  the 
number  of  his  precinct,  the  location  of  his  polling-place,  his  voting  num- 
ber,  or  similar  information  regarding  said  election. 

The  sheet  or  pamphlets  containing  the  said  proposed  constitutional 
amendments  shall  also  contain  the  corresponding  constitutional  provi- 
sions, if  any,  then  in  force,  and  the  parts  of  the  existing  provisions  shall 
therein  be  distinguished  in  print,  so  as  to  facilitate  comparison.  Three 
copies  of  the  constitution,  in  the  form  of  pamphlets  to  be  supplied  by  the 
secretary  of  state,  shall  be  kept  at  every  polling  place  for  said  special 
election  while  the  same  is  in  progress,  so  that  they  may  be  freely  con- 
sulted by  the  electors. 

Election,  how  conducted,  etc.     Election  returns. 

§  3.  Said  special  election  shall  be  proclaimed,  held  and  conducted  and 
the  ballots  shall  be  prepared,  marked,  voted,  counted,  canvassed  and  the 
results  shall  be  ascertained  and  the  returns  thereof  made  in  all  respects 
in  accordance  with  the  law  governing  general  elections,  in  so  far  as  the 
provisions  thereof  are  applicable  to  the  election  provided  for  by  this 
act,  except  as  otherwise  herein  especially  provided.  Each  county  clerk, 
as  soon  as  the  statement  of  the  vote  of  his  county  is  made  out  and 
entered  upon  the  records  of  the  board  of  supervisors  thereof,  must  make 
out  and  certif}'  an  abstract  of  such  vote  and  must  seal  up  such  abstract, 
and  indorse  it  "election  returns,"  and,  without  delay,  transmit  it  by 
mail  to  the  secretary  of  state.  If  the  people  shall  approve  and  ratify 
any  such  amendment  or  amendments,  by  a  majority  of  the  qualified 
electors  voting  thereon  at  said  election,  such  amendment  or  amendments 
shall  become  a  part  of  the  constitution  of  this  state. 

§  4.     This  act  shall  take  effect  immediately. 


Acts  726, 740  general  laws.  1050 

TITLE  108. 
CONTRA  COSTA  COUNTY. 
ACT  726. 

An  act  to  provide  one  additional  .judge  of  the  superior  court  of  the  county 

of  Contra  Costa. 
[Approved  June  4,  191.3.     Stats.  1913,  p.  449.] 

Judges  in  Contra  Costa  county  increased. 

§  1,  The  number  of  judges  of  the  superior  court  of  the  county  of 
Contra  Costa  is  hereby  increased  so  that  on  and  after  the  first  Monday 
in  January,  A.  D.  1915,  there  shall  be  two  judges  of  said  superior  court 
in  the  said  county  of  Contra  Costa. 

Additional  judge   elected  in   1914. 

§  2.  At  the  next  general  election  to  be  held  in  November,  A.  D.  1914, 
there  shall  be  elected  in  said  county  of  Contra  Costa,  in  addition  to 
the  judge  of  said  superior  court  of  said  county  of  Contra  Costa  now 
provided  by  the  constitution  of  this  state  for  said  county  of  Contra  Costa, 
another  judge  of  said  superior  court  in  said  county  to  hold  office  begin- 
ning on  the  first  Monday  in  January,  A.  D.  191.5.  for  the  term  prescribed 
by  the  constitution  and  laws  of  this  state,  so  that  after  the  first  Men 
day  in  January,  1915,  there  shall  be  two  judges  for  said  county. 

Salary. 

§  3.  The  salary  of  said  one  additional  judge  shall  be  the  same  in 
amount,  and  shall  be  paid  at  the  same  time  and  in  the  same  manner 
as  the  salary  of  the  other  judge  of  the  sujierior  court  of  said  county  now 
authorized  by  law. 

TITLE   110. 

CONVICTS. 
ACT  740. 

An  act  to  provide  indemnity  to  persons  erroneously  convicted  of  felonies 

in  the  state  of  California. 

[Approved  May  24,  1913.     Stats.  1913,  p.  245.] 

Claim  of  persons  erroneously  convicted. 

§  1.  Any  person  who,  having  been  convicted  of  any  crime  against 
the  state  of  California  amounting  to  a  felony,  and  having  been  im- 
prisoned therefor  in  a  state  prison  of  this  state  shall  hereafter,  on  a 
retrial  of  the  case,  or  on  reversal  on  appe.il  of  the  final  judgment  of 
conviction,  be  acquitted  or  discharged  for  the  reason  that  the  crime  with 
which  he  was  charged  was  either  not  committed  at  all,  or,  if  committed. 
was  not  committed  by  him,  or  who  shall  hereafter  be  granted  a  pardon 
by  the  governor  of  this  state  for  either  of  the  foregoing  reasons,  or  who, 
being  innocent  of  the  crime  with  which  he  was  charged  for  either  of  the 
foregoing   reasons,   shall   have   served   the   term   for    which   he   was   im- 


1051  CONVICTS.  Act  740,  §§  2-6 

prisoned,  may,  under  the  conditions  hereinafter  provided,  present  a  claim 
against  the  state  to  the  state  board  of  control  for  the  pecuniary  injury 
sustained  by  him  through  such  erroneous  conviction  and  imprisonment. 

Presented  to  board  of  control. 

§  2.  Such  claim,  accompanied  by  a  statement  of  the  facts  constituting 
the  claim,  verified  in  the  manner  provided  for  the  verification  of  com- 
plaints in  civil  actions,  must  be  presented  by  the  claimant  to  the  board 
of  control  within  a  period  of  six  months  after  judgment  of  acquittal 
or  discharge  given,  or  after  pardon  granted,  or  after  release  from  im- 
prisonment, and  at  least  four  months  prior  to  the  next  meeting  of  the 
legislature  of  this  state;  and  no  claim  not  so  presented  shall  be  con- 
sidered by  the  board  of  control. 

Hearing  on  claim. 

§  3.  Upon  presentation  of  any  such  claim,  the  board  of  control  shall 
fix  a  time  and  place  for  the  hearing  of  the  claim,  and  shall  mail  notice 
thereof  to  the  claimant  and  to  the  attorney  general  of  this  state  at  least 
fifteen  da^-s  prior  to  the  time  fixed  for  such  hearing. 

Proof  of  claimant. 

§  4.  On  such  hearing  the  claimant  shall  introduce  evidence  in  sup- 
port of  the  claim,  and  the  attorney  general  may  introduce  evidence  in 
opposition  thereto.  The  claimant  must  prove  the  facts  set  forth  in  the 
statement  constituting  the  claim,  including  the  fact  that  the  crime  with 
which  he  was  charged  was  either  not  committed  at  all,  or,  if  committed, 
was  not  committed  by  him,  the  fact  that  he  did  not,  by  any  act  or 
omission  on  his  part,  either  intentionally  or  negligently,  contribute  to 
the  bringing  about  of  his  arrest  or  conviction  for  the  crime  with  which 
he  was  charged,  and  the  pecuniary  injury  sustained  by  him  through  his 
erroneous  conviction  and  imprisonment. 

Board  to  report  approved  claim  to  legislature. 

§  5.  If  the  board  of  control  shall  be  satisfied  from  the  evidence  that 
the  crime  with  which  the  claimant  was  charged  was  either  not  com- 
mitted at  all,  or,  if  committed,  was  not  committed  by  the  claimant,  and 
that  the  claimant  did  not,  by  any  act  or  omission  either  intentionally 
or  negligently,  contribute  to  the  bringing  about  of  his  arrest  or  con- 
viction, and  that  the  claimant  has  sustained  pecuniary  injury  through 
his  erroneous  conviction  and  imprisonment,  it  shall,  with  the  sanction  of 
the  governor  of  this  state,  report  the  facts  of  the  case  and  its  conclu- 
sions to  the  next  legislature  of  this  state,  with  a  recommendation  that 
an  appropriation  be  made  by  the  legislature  for  the  purpose  of  in- 
demnifying the  claimant  for  such  pecuniary  injury;  but  the  amount  of 
the  appropriation,  so  recommended  shall  not  exceed  in  any  case,  the  sum 
of  five  thousand  dollars  ($5,000). 

Statement  to  controller. 

§  6.  The  board  of  control  shall  make  up  its  report  and  recommenda- 
tion and  shall  give  to  the  controller  of  this  state  a  statement  showing 


Acts744r-758  general  laws.  1052 

its  recommendations  for  appropriations  under  the  provisions  of  this  act, 
as  provided  by  the  law  in  cases  of  other  claimants  against  this  state 
for  which  no  appropriations  have  been  made. 

Rules. 

§  7.  The  board  of  control  is  hereby  aiithorized  to  make  all  needful 
rules  and  regulations  consistent  with  the  law  for  the  purpose  of  carrying 
into  effect  the  provisions  of  this  act. 

TITLE  111. 

CO-OPERATIVE  ASSOCIATIONS. 
ACT  744. 

Citations.     Cal.   161/110. 

TITLE  113. 

CORl'OKATIONS. 
ACT  757. 

An  act  relating  to  revenue  and  taxation,  providing  for  a  license  tax  upon 
corporations,  and  making  an  ajiprojiriation  for  the  purpose  of  carry- 
ing out  the  objects  of  this  act.  [Approved  March  20,  1905.  Stats. 
1905,  p.  493.] 

Amended  1906,  p.  22;   1907,  pp.  664,  745;   1909,  pp.  454,  458;    1911,  p.  1094; 
1913,  p.   513. 
•     Repealed  June   10,   1913    (Stats.   1913,  p.   680).      See  next  act. 

Citations.  Cal.  155/643,  650;  156/96,  97,  100;  163/10;  (S  2)  163/279. 
280;    (§    10a)    163/10.      App.    12/704.    705.   706. 

This  act  was  held  unconstitutional  in  so  far  as  it  imposed  a  license  tax  on 
foreign  corporations  carrying  on  interstate  commerce  in  II.  K.  Mulford  Co.  ▼. 
Curry,  163   Cal.  276,   125  Pac.  236. 

ACT  758. 

An  act  to  repeal  an  act  entitled  "An  act  relating  to  revenue  and  taxa- 
tion, providing  for  a  license  tax  upon  corporations  and  making  an 
appropriation  for  the  purjiose  of  carrying  out  the  objei-ts  of  this 
act,"  approved  March  20,  1905,  and  all  acts  amendatory  thereof  or 
supplemental  thereto,  and  to  provide  upon  what  conditions  any  cor- 
poration which  has  failed  to  pay  any  license  tax  imposed  by  the 
provisions  of  any  of  the  acts  hereby  repealed  may  pay  the  same  and 
be  restored  to  its  former  corporate  status  and  rights,  and  also  to 
provide  for  settling  the  affairs  of  any  corporation  which  by  reason 
of  failure  to  pay  any  tax  imposed  by  any  of  said  acts,  has  forfeited 
either  its  charter  or  right  to  do  business  in  this  state. 

[Approved  June  10,  1913.     Stats.  1913,  p.  GSO.     In  effect  Juno  30,  1914.] 

Corporations'  license  tax  of  1905  repealed. 

§  1.     An  act  entitled  "An  act   relating  to   revenue  and   taxation   pro 
viding  for  a  license  tax  upon  corporations  and  making  au  appropriation 


1053  CORPORATIONS.  Act  758,  §§  2, 3 

for  the  purpose  of  carrying  out  the  objects  of  this  act,"  approved  March 
20,  1905,  and  also  all  acts  amendatory  thereof  or  supplemental  thereto, 
are  hereby  repealed;  provided,  however,  that  this  act  shall  not  be  con- 
strued to  affect  the  status  of  any  corporation  which  has  before  the  taking 
effect  of  this  act,  by  reason  of  failure  to  pay  any  tax  in  accordance  with 
the  terms  of  any  of  the  acts  hereby  repealed,  forfeited  either  its  charter 
or  right  to  do  business  in  this  state.  Nor  shall  this  act  be  construed 
to  relieve  any  corporation  or  person  from  any  penalty  or  penal  provi- 
sion of  any  of  the  acts  hereby  repealed  except  as  herein  provided. 

Relief  from  forfeiture  on  account  of  failure  to  pay  tax. 

§  2.  Any  corporation  which  has  failed  to  pay  the  license  tax  re- 
quired by  the  provisions  of  any  of  the  acts  hereby  repealed,  may  pay 
to  the  secretary  of  state  all  taxes  and  penalties  prescribed  by  either  of 
said  acts  and  the  license  tax  and  penalties  that  would  have  accrued  if 
such  corporation  had  not  forfeited  its  charter  or  right  to  do  business  in 
this  state,  and  any  such  corporation  making  such  payments  shall  there- 
upon be  relieved  from  the  forfeiture  prescribed  in  any  of  the  acts  hereby 
repealed  and  restored  to  its  former  corporate  rights  and  status  and  the 
secretary  of  state  shall  annually  in  the  month  of  December  transmit  to 
the  county  clerk  of  each  county  a  list  of  the  corporations  so  paying, 
which  list  shall  be  by  said  county  clerk  filed  in  his  oflSce;  provided,  the 
rehabilitation  of  any  such  corporation  by  reason  of  making  such  pay- 
ments shall  be  without  prejudice  to  any  action,  defense,  or  right  which 
accrued  by  reason  of  the  original  forfeiture. 

Powers  of  directors  continued.     Execution  may  issue  on  judgment. 

§  3.  The  powers  conferred  by  the  provisions  of  section  10a  of  the 
act  hereby  repealed  (as  amended  March  2t),  1907)  upon  the  directors  or 
managers  of  any  such  corporation  in  office  at  the  time  of  any  such  for- 
feiture are  hereby  continued  in  force  and  said  trustees  or  managers 
shall  notwithstanding  the  taking  effect  of  this  act  have  full  power  as 
trustees  to  settle  the  affairs  of  any  such  corporation  and  to  maintain  or 
defend  any  action  or  proceeding  then  pending  in  behalf  of  or  against 
any  such  corporation  or  to  take  such  legal  proceedings  as  may  be  neces- 
sary to  fully  settle  its  affairs  and  such  directors  or  managers  as  such 
trustees  may  be  sued  in  any  of  the  courts  of  this  state  by  any  person 
having  a  claim  against  any  such  corporation;  providing,  always,  that  no 
action  pending  against  any  such  corporation  shall  abate  thereby  but 
may  be  brought  to  final  judgment  and  may  be  enforced  by  execution  and 
to  "the  same  force  and  effect  and  in  like  manner  as  though  no  forfeiture 
has  occurred;  and  provided,  further,  that  where  judgment  has  been  en- 
tered against  any  corporation  prior  to  forfeiture  under  the  provisions 
of  any  of  the  acts  hereby  repealed  notwithstanding  such  forfeiture  exe- 
cution may  be  issued  on  any  such  judgment,  and  the  property  of  such 
corporation  or  which  may  come  into  the  hands  of  any  trustees  for  it, 
may  be  levied  upon,  seized  and  sold  to  satisfy  such  judgment  with  like 
force  and  effect  as  though  such  forfeiture  had  not  occurred. 


Acts  759-804  general  laws.  1054 

In  effect, 

§  4.  This  act  shall  take  effect  and  be  in  force  June  30,  19U,  at  12 
o'clock  M, 

ACT  759. 

Citations.      Cal.    157/578,    579,    581;    160/113,    577,    581,    583,    585;     (5  32) 
160/583,    584,    585. 

ACT  763. 

Citations.     Cal.  157/581;   160/582,   583,    584,   588;    (5  16)    160/581. 

ACT  765. 

Citations.     Cal.   160/113. 

ACT  770. 

See  Act  1055,  post. 

ACT  771. 

Citations.      App.  18/60,   61,   62. 

ACT  776. 

Citations.     Cal.  155/647. 

TITLE  117. 

COUNTIES. 
ACT  804. 

Ad  act  requiring  the  compilation  and  publication  of  reports  of  the  finan- 
cial transactions  of  the  several  counties  and  municipalities  of  the 
state,  and  making  an  aj)propriation  therefor. 

[Approved  April  21,  1911.     Stats.  1911,  p.  1071.] 

Controller  to  compile  annual  financial  reports  of  counties  and  cities. 

§  1.  The  state  controller  is  hereby  (directed  to  compile  and  publish 
annually  reports  of  the  finarwcial  transactions  of  each  county  and  munici- 
pal corporations  within  the  state,  together  with  such  other  matter  as  said 
controller  may  deem  to  be  of  public  interest.  Such  reports  shall  be  made 
in  the  time,  form  and  manner  prescribed  by  the  said  controller. 

County  and  city  officers  to  furnish  reports. 

§  2.  It  shall  be  the  duty  of  the  officers  of  each  county  and  municipal 
corporation  having  charge  of  the  financial  records  thereof  to  furnish  to 
the  controller  in  the  time,  form  and  manner  required  by  him,  full  and 
true  reports  of  all  the  financial  transactions  of  such  county  or  municipal 
corporation  during  the  fiscal  year  next  preceding  the  time  of  the  making 
of  such  reports. 


1055  COUNTIES.  Act  805,  §§1,2 

False  report  a  misdemeanor. 

§  3.  Any  officer  who  shall  knowingly  make  a  false  report  or  who  shall 
refuse  to  make  the  reports  required  shall  be  guilty  of  a  misdemeanor. 

Controller  to  appoint  accountant  to  investigate  false  reports. 

§  4.  In  case  reports  are  not  made  in  the  time,  form  and  manner  re- 
quired or  there  is  reason  to  believe  that  any  report  is  false  or  incorrect, 
the  controller  shall  appoint  some  qualified  accountant  to  make  an  investi- 
gation thereof,  and  to  obtain  the  information  required.  The  accountant 
appointed  shall  report  to  the  controller  the  results  of  investigation  and 
a  copy  thereof  shall  be  filed  with  the  legislative  body  of  the  county  or 
municipal  corporation,  the  accounts  of  which  were  so  investigated.  In 
case  a  similar  investigation  has  to  be  made  of  the  accounts  of  any  county 
or  municipal  corporation  for  two  successive  years,  a  certified  copy  of  the 
results  of  the  investigation  last  made  shall  be  transmitted  to  the  grand 
jury  of  the  county  so  investigated  or  in  which  the  municipal  corporation 
so  investigated  is  situated. 

Appropriation. 

§  5.  The  sum  of  two  thousand  dollars,  or  so  much  thereof  as  may  be 
necessary  is  hereby  appropriated  out  of  any  moneys  not  otherwise  appro 
priated,  to  be  exjiended  by  the  controller  for  the  purpose  of  carrying  out 
the  provisions  of  this  act. 

ACT  805. 

An  act  granting  relief  to  counties  by  extending  the  time  within  which 
county  treasurers  are  required  to  make  semi-annual  settlements  with 
the  state  controller  and  state  treasurer  in  cases  in  which  school 
money  of  such  counties  have  been  misappropriated. 

[Approved   May   1,   1911.     Stats.   1911,  p.   1165.] 

Misappropriated  school  money  may  be  deducted  at  semi-annual  settle- 
ment. 
§  1.  Whenever  it  shall  chance  that  the  state  school  money  of  any  semi- 
annual settlement  retained  by  any  county  treasurer,  under  the  provisions 
of  section  3S66  of  the  Political  Code,  shall  have  been  misappropriated, 
and  as  a  result  thereof,  the  primary  schools  of  such  county  are  embar- 
rassed for  lack  of  funds,  a  sum  equal  to  the  amount  of  school  money  so 
retained  and  misappropriated  may  be  deducted  from  such  moneys  as  the 
treasurer  of  such  county  shall  be  required  to  pay  over  to  the  state  treas- 
urer at  the  next  semi-annual  settlement. 

Used  for  support  of  primary  schools. 

§  2.  The  sum  deducted  from  the  moneys  due  the  state  at  any  semi 
annual  settlement,  as  provided  in  section  1  of  this  act,  together  with  the 
sum  authorized  to  be  retained  by  the  county  treasurer,  under  the  pro- 
visions of  section  3866  of  the  Political  Code,  shall  be  used  for  the  sup- 
port of  the  primary  schools  of  such  county. 


Acts  830,  831  GENERAL   LAWS.  1056 

Supervisors  to  levy  additional  tax  to  pay  state. 

§  3.  The  board  of  supervisors  of  any  county  availing^  itself  of  the 
provisions  of  this  act,  shall  on  the  third  Monday  in  September,  imme- 
diately following  the  semi-annual  settlement  at  which  the  deduction 
authorized  in  section  1  of  this  act  is  made,  shall  provide  in  the  tax 
rate  fixed  for  county  purposes,  for  an  additional  tax  sufficient  to  raise 
a  sum  equal  in  the  amount  deducted,  as  herein  provided  for,  and  said 
board  of  supervisors  shall  thereupon  levy  such  additional  tax,  as  will 
enable  the  county  to  repay  the  state  of  California  such  sum  deducted 
from  the  semi-annual  settlement,  and  such  payment  shall  be  made  at  the 
time  of  the  semi-annual  May  settlement  following  the  date  of  such  levy. 

§  4.     This  act  shall   take   effect   immediately. 

TITLE   119. 

COUNTY  CLERK. 
ACT  830. 

An  act  to  provide  for  the  payment  of  compensation  of  additional  help 
in  the  county  clerk's  office  of  the  various  counties  throughout  the 
state. 

[Approved  June  2,  1913.     Stats.  1913,  p.  363.] 

Additional  help  for  county  clerks. 

§  1.  In  any  county  where  it  was  necessary  for  the  county  clerk  to 
employ  help  in  addition  to  that  prescribed  by  law,  in  order  to  provide 
for  the  necessary  work  in  registering  voters,  entailed  by  the  adoption  of 
the  constitutional  amendment  extending  the  right  of  suffrage  to  women, 
the  board  of  supervisors  shall  be  and  they  are  hereby  authorized  and 
empowered  to  allow  the  demand  of  any  person  for  services  so  rendered 
at  the  request  of  the  county  clerk  of  the  said  county  upon  a  certificate 
of  the  county  clerk  that  the  services  were  necessary  to  conduct  the  work 
of  his  office  by  reason  of  the  increased  work  occurring,  as  above  set 
forth,  at  the  rate  of  three  dollars  for  each  day  of  eight  hours  that  any 
such  person  was  so  employed  in  rendering  such  services;  provided,  how- 
ever, that  no  demand  for  such  services  shall  be  allowed  or  paid  unless 
the  same  was  filed  with  the  board  of  supervisors  prior  to  the  first  day 
of  May,   1913. 

ACT  831. 

An  act  to  provide  for  the  supplying  the  county  auditor  with  a  report  of 

commitments  to   public   institutions. 

[Approved  June   12,   1913.     Stats.   1913,   p.   713.] 

Monthly  certificate  of  commitments  to  public  institutions. 

§  1.  The  county  clerk  of  each  county  shall  certify  to  the  county 
auditor  on  the  first  day  of  each  month,  a  list  of  all  commitments  to  any 


1057  CRIMINAL  LAW.  Acts  834^865 

public  institution  in  tlie  state,  including  reform  schools,  insane  asylums, 
and  other  public  institutions  of  like  nature;  such  certificate  shall  also 
contain  a  statement  of  the  reason  for  the  person  so  committed,  and  of 
the  term  of  commitment,  if  the  term  be  definitely  fixed. 

TITLE  120. 

COUNTY  GOVERNMENT. 
ACT  834. 

Citations.      Cal.  157/415,  492;   160/321,  322.     App.  8/504;  9/707;   11/580. 

ACT  835. 

Citations.     App.   11/581. 

ACT  836. 

Citations.      App.   8/246;    (subd.   36,  §  25)    18/186. 

ACT  837. 

An  act  to  establish  a  uniform  svstem  of  eountv  and  township  government. 
[Approved  April  l",  1897.  Stats.  "l897,  p.  4.52.] 
Amended  1901,  pp.  681,  685:  1903,  pp.  129,  151,  156,  160,  168,  173,  179, 
200,  212,  218,  224,  227,  230,  232,  237,  239,  241,  402;  1905,  pp.  299,  301,  308, 
310,  313,  318,  320,  325,  333,  335,  338,  352,  356,  358,  361,  363,  365,  366,  371, 
373,  376,  383,  385,  391,  393,  394.  401,  424.  430,  435,  439,  441,  476,  477,  482, 
485,  504,  507,  511,  523,  524,  544,  547,  552,  582,  670,  676,  721,  722,  723,  746; 
1907,   pp.    9,    93,    107. 

Repealed  May   30,   1913    (Stats.   1913,   p.   514). 

The  repealing  act  contained  the  following  clause: 

§  2.  This  act  shall  not  be  construed  to  affect  or  repeal  any  of  the 
provisions  of  an  act  entitled  "An  act  to  repeal  title  2  of  part  4  of  the 
Political  Code,  and  to  add  a  new  title  2  of  part  4  of  said  code  in  place 
thereof,  relating  to  the  establishment  of  a  uniform  system  of  county 
and  township  government,"  approved  March  19,  1907,  or  any  acts 
amendatory  thereof. 

Citations.  Cal.  155/753,  756;  156/430,  431,  432;  157/155,  159;  (subd.  7, 
§25)  160/708,  709;  (subd.  35,  §  25)  160/706,  707.  App.  8/22,  246;  9/28, 
681,  707;  11/578;  12/546;  18/445;  (§54)  18/444;  (§55)  18/443. 

TITLE  124, 
CRIMINAL  LAW. 
ACT  865. 

An  act  in  relation  to  pandering;  to  define  and  prohibit  the  same,  to  pro- 
vide for  punishment  thereof;  for  the  competency  of  certain  evidence 
at  the  trial  therefor. 

[Approved  February  8,  1911.     Stats.  1911,  p.  9.] 
67 


Act,  866,  §  1  GENERAL   LAWS.  1058 

Pandering,     Penalty. 

§  1.  Any  person  who  shall  procure  a  female  inmate  for  a  house  of 
prostitution,  or  who,  by  promises,  threats,  violence,  or  by  any  device  or 
scheme,  shall  cause,  induce,  persuade  or  encourage  a  female  person  to 
become  an  inmate  of  a  house  of  prostitution,  or  shall  procure  for  a 
female  person  a  place  as  inmate  in  a  house  of  prostitution  or  as  an 
inmate  of  any  place  in  which  prostitution  is  encouraged  or  allowed  within 
this  stale,  or  any  person  who  shall,  by  promises,  threats,  violence  or  by 
any  device  or  scheme,  cause,  induce,  persuade  or  encourage  an  inmate 
of  a  house  of  prostitution  or  any  other  place  in  which  prostitution  is 
encouraged  or  allowed  to  remain  therein  as  such  inmate,  or  any  person 
who  shall,  by  fraud  or  artifice,  or  by  duress  of  person  or  goods,  or  by 
abuse  of  any  position  of  confidence  or  authority,  procure  any  female  per- 
son to  become  an  inmate  of  a  house  of  ill  fame,  or  to  enter  any  place  in 
which  prostitution  is  encouraged  or  allowed  within  this  state,  or  to  come 
into  this  state  or  leave  this  state  for  the  purpose  of  prostitution,  or  who 
shall  receive  or  give,  or  agree  to  receive  or  give,  any  money  or  thing  of 
value  for  procuring,  or  attempting  to  procure,  any  female  person  to 
become  an  inmate  of  a  house  of  ill-fame  within  this  state,  or  to  come 
into  this  state  or  leave  this  state  for  the  purpose  of  prostitution,  shall 
be  guilty  of  a  felony,  to  wit:  j)andcring,  and  upon  conviction  for  an 
ofiPense  under  this  act  shall  be  punished  by  imprisonment  in  the  state 
prison  for  a  period  of  not  less  than  one  year  nor  more  than  ten  years. 

Competent  witness. 

§  2.  Any  such  female  person  referred  to  in  the  foregoing  section 
shall  be  a  competent  witness  in  any  prosecution  under  this  act  to  testify 
for  or  against  the  accused  as  to  any  transaction  or  as  to  any  conversa- 
tion with  the  accused  or  by  him  with  another  person  or  persons  in  her 
presence,  notwithstanding  her  having  married  the  accused  before  or  after 
the  violation  of  any  of  the  provisions  of  this  act,  whether  called  as  a 
witness  during  the  existence  of  the  marriage  or  after  ita  dissolution. 
Citations.      Cal.   162/250,     App.    (§1)    19/77. 

ACT  866. 

An  act  in  relation  to  pimping;  to  define  and  prohibit  the  same,  and  pro- 
viding for  punishment  thereof;  and  for  the  competency  of  certain 
evidence  at  the  trial  therefor. 

[Approved  February  8,  1911.     Stats.  1911,  p.  10.] 

Pimping.    Penalty. 

§  1.  Any  male  person  who,  knowing  a  female  person  to  be  a  prosti- 
tute, shall  live  or  derive  support  or  maintenance  in  whole  or  in  part, 
from  the  earnings  or  proceeds  of  the  prostitution  of  such  prostitute,  or 
from  moneys  loaned  or  advanced  to  or  charged  against  such  prostitute 
by  any  keeper  or  manager  or  inmate  of  a  house  or  other  place  where 
prostitution  is  practiced  or  allowed,  or  who  shall  solicit  or  receive  com- 


1059  DEAF  AND   BLIND  ASYLUM.  Acts  875-895 

pensation  for  soliciting  for  such  prostitute,  shall  be  guilty  of  a  felony, 
to  wit:  pimping,  and  upon  conviction  for  an  offense  under  this  act  shall 
be  punished  by  imprisonment  in  the  state  prison  for  a  period  of  not  less 
than  one  year  nor  more  than  three  years. 

Competent  witness. 

§  2.  Any  such  female  person  referred  to  in  the  foregoing  section 
shall  be  a  competent  witness  in  any  prosecution  under  this  act  to  testify 
for  or  against  the  accused  as  to  any  transaction  or  as  to  any  conversa- 
tion with  the  accused  or  by  him  with  another  person  or  persons  in  her 
presence,  notwithstanding  her  having  married  the  accused  before  or  after 
the  violation  of  any  of  the  provisions  of  this  act,  whether  called  as  a 
witness  during  the  existence  of  the  marriage  or  after  its  dissolution, 

TITLE  126. 

DAIRIES. 
ACT  875. 

Citations.      Cal.   155/117.     App.  8/297,  298,  300. 

ACT  878. 

An  act  to  establish  a  standard  for  evaporated  milk  and  condensed  milk. 
[Approved  April  24,  1911.     Stats.  1911,  p.  1101.] 

Standard  of  condensed  milk. 

§  1.  The  standard  of  purity  of  condensed  milk  and  evaporated  milk 
shall  be  that  proclaimed  and  established  by  the  secretary  of  the  United 
States  department  of  agriculture. 

§  2.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this 
act  are  hereby  repealed. 

TITLE  129. 

DEAP  AND  BLIND  ASYLUM. 

ACT  -894. 

An  act  to  authorize  certain  improvements  upon  the  grounds  and  streets 
adjacent  to  the  grounds  of  the  California  Institution  for  the  Deaf 
and  the  Blind,  at  Berkeley,  California,  and  making  an  appropriation 
therefor.  [Approved  April  10,  1911.  Stats.  1911,  p.  845.] 
This  act  authorized  the  directors  to  move  the  fence  on  the  southern  boundary 
line  so  that  certain  property  could  be  used  as  a  public  highway. 

ACT  895. 

An  act  to  provide  for  the  erection  and  equipment  of  a  building  at  the 
California  Institution  for  the  Deaf  and  the  Blind  at  Berkeley,  to  be 
used  for  instruction  in  manual  and  industrial  arts,  and  to  make  an 


Acts  896, 897  general  laws.  1060 

appropriation     therefor.     [Approved     Mav     1,     1911.     Stats.     1911, 

p.  1256.] 

The  act  appropriated  sixty  thousand  dollars  for  the  purpose  indicated. 

TITLE  130. 
DEATHS. 
ACT  896. 

An    act    requiring    compensation    for    causing    death    hj    wrongful    act. 
[Stats.  1862,  p.  447.] 
Superseded  by  C.  C.  P.,  §  377. 
Citations.      Cal.   159/280. 

ACT  897. 

An  act  for  the  registration  of  death?,  the  issuance  and  registration  of 
Inirial  and  disinterment  permits  and  the  establishment  of  registra- 
tion districts  in  counties,  cities  and  counties,  cities  and  incorporated 
towns,  under  the  superintendence  of  the  state  bureau  of  vital  statis- 
tics, and  prescribing  the  powers  and  duties  of  registrars,  coroners, 
physicians,  undertakers,  sextons  and  other  persons  in  relation  to 
Buch  registration  and  fixing  penalties  for  the  violation  of  this  act. 

[Approved  March  18,  1905.     Stats.  1905,  p.  115.] 
Amended   1907,  p.   296;    1911,   p.   287. 
The  amendment  of  1911  is  as  follows: 

Certified  copy  of  death  record.     Searching  files. 

§  15.  The  state  registrar  or  local  registrar  shnll.  upon  request,  furnish 
any  person  a  certified  copy  of  the  record  of  any  death  registered  under 
provisions  of  this  act,  for  the  making  and  certification  of  which  he  shall 
be  entitled  to  a  fee  of  fifty  cents  to  be  paid  by  the  applicant.  And  any 
such  copy  of  the  record  of  a  death,  when  certified  by  the  state  registrar, 
statistician  or  deputy  statistician  or  chief  clerk  to  the  state  board  of 
health,  and  under  the  seal  of  said  board,  or  by  the  local  registrar,  to  be 
a  true  copy  thereof,  shall  be  prima  facie  evidence  in  all  courts  and 
places  of  the  facts  therein  stated.  For  any  search  of  the  files  and  records, 
when  no  certified  copy  is  made,  the  state  registrar  or  local  registrar  shall 
be  entitled  to  a  fee  of  fifty  cents,  to  be  paid  by  the  applicant,  for  each 
hour  or  fractional  part  of  an  hour  employed  in  such  search.  And  the 
state  registrar  and  local  registrar  shall  each  keep  a  full  and  correct  ac- 
count of  all  fees  received  by  him  under  these  provisions.  Such  money 
so  received  by  the  state  registrar  shall  be  deposited  with  the  state 
treasurer,  who  shall  credit  the  amount  to  the  fund  provided  and  to  be 
used  for  the  payment  of  the  traveling  and  contingent  expenses  of  the 
state  board  of  health.  The  money  so  collected  by  the  local  registrar 
Bhall  be  by  him  paid  into  the  city,  county,  or  city  and  county  treasury, 


1061  DENTISTRY.  Act  922,  §  14 

as  the  ease  may  be.     [Amendment  approved  March  7,  1911;  Stats,  1911, 
p.  287.] 

Citations.     Oal.  158/534.     App.  17/66. 

TITLE  134. 

DENTISTRY. 
ACT  922. 

An  act  to  insure  the  better  education  of  practitioners  of  dental  surgery, 
and  to  regulate  the  practice  of  dentistry  in  the  state  of  California, 
providing  penalties  for  the  violation  hereof,  and  to  repeal  an  act  now 
in  force  relating  to  the  same  and  known  as  "An  act  to  insure  the 
better  education  of  practitioners  of  dental  surgery,  and  to  regulate 
the  practice  of  dentistry  in  the  state  of  California,"  approved  March 
12,  1885. 

[Approved  March  23,  1901.     Stats.  1901,  p.  564.] 
Amended  1903,  p.  322;   1905,  p.  430;   1907,   p.   Ill;   1909,  p.   800;   1913,  p.  573. 

Amendment  of  1913  follows: 

License  to  practice  dentistry.     Fee.     Monthly  report  of  collections. 

§  14.  Before  any  person  can  practice  dentistry  in  this  state,  he  shall 
obtain  a  license  to  do  so  from  the  board  of  dental  examiners.  Each  ap- 
plication shall  be  accompanied  by  a  fee  of  twenty-five  ($25)  dollars, 
which  shall  in  no  case  be  refunded.  Such  license  shall  be  good  until  the 
following  first  day  of  May  when  it  shall  expire  by  limitation.  An  annual 
license  fee  of  two  ($2)  dollars  shall  thereafter  be  paid  annually  by 
every  person  practicing  dentistry  in  this  state,  and  it  shall  be  the  duty 
of  said  board  to  issue  to  all  regularly  licensed  dentists  upon  application 
and  the  payment  of  two  dollars,  if  made  before  the  expiration  of  the 
applicant's  license,  a  new  license  which  shall  entitle  said  person  to 
practice  dentistry  in  this  state  for  a  period  of  one  year,  and  which 
license  shall  expire  upon  the  following  first  day  of  May.  Said  board 
shall  have  no  authority  to  issue  an  annual  license  to  any  person  who  is 
not  a  regularly  licensed  dentist,  and  who  has  not  paid  such  license  fee 
of  two  dollars  on  or  before  the  date  when  his  previous  license  expired. 
Every  person  who  was  a  regularly  licensed  dentist  and  who  failed  to 
pay  said  annual  license  of  two  dollars  before  the  expiration  of  his 
license,  shall  be  considered  as  if  no  license  had  ever  been  issued  to  him, 
and  before  he  can  again  practice  dentistry  in  this  state,  shall  make  a 
new  application  therefor  as  in  the  first  instance  and  pay  the  regular  fee 
of  twenty-five  dollars  therefor,  except  that  he  shall  not  be  required  to 
submit  to  any  examination.  All  renewal  fees  collected  under  the  pro- 
visions of  this  section,  or  an  amount  equal  to  the  total  of  such  collec- 
tions, shall  be  used  exclusively  for  the  prosecution  of  violators  of  this 
act  and  for  expenses  of  collecting  said  fees.  It  shall  be  the  duty  of 
the  secretary  of  this  board  to  report  to  the  state  controller  on  or  before 


Acts  942, 977  general  laws.  1062 

the  tenth  day  of  each  month  all  fees,  fines,  licenses  and  other  collec- 
tions received  during  the  preceding  month  and  at  the  same  time  to  pay 
the  entire  amount  of  such  receipts  into  the  state  treasurj*.  Such  receipts 
shall  be  placed  to  the  credit  of  the  state  board  of  dental  examiners  con- 
tingent fund,  which  is  hereby  created.  All  salaries  and  all  expenses 
necessarily  incurred  by  the  board  in  the  transaction  of  its  business  and 
in  the  enforcement  of  the  law  shall  be  paid  out  of  such  contingent  fun<l 
upon  claims  to  be  presented  and  audited  in  the  manner  usual  with  other 
claims  against  the  state.  [Amendment  approved  June  11,  1913;  Stats. 
1913,  p.  574.] 

Citations.     App.  13/772,  775. 

TITLE  138. 

DISTRICT  ATTORNEYS. 
ACT  942. 

Citations.     Cal.  163/86. 

TITLE  145. 

DRAINAGE. 

ACT  977. 

An  act  to  create  a  drainage  district  to  be  called  Knight's  Landing  ridge 
drainage  district;  to  promote  drainage  therein  by  the  making  of  a  cut 
through  Knight's  Landing  ridge,  and  the  construction  of  a  canal 
leading  therefrom;  to  provide  for  the  election  and  appointment  of 
officers  of  said  drainage  district;  defining  the  powers,  duties  and 
compensation  of  such  officers;  and  providing  for  levying  and  collect- 
ing assessments  upon  the  lands  within  said  drainage  district;  the 
issuance  of  bonds  by  said  drainage  district  and  testing  the  validity 
of  the  levy  of  such  assessments  and  the  issuance  of  such  bonds. 
[Approved  April  30,  1913.     Stats.  1913,  p.  109.] 

Knight's  Landing  ridge  drainage  district.     Boundaries. 

§  1.  A  drainage  district  is  hereby  created  to  be  known  and  designated 
"Knight's  Landing  Ridge  Drainage  District,"  the  boundaries  of  which 
said  district  shall  be  as  follows: 

Beginning  at  a  point  which  is  the  intersection  of  the  township  line 
dividing  township  12  north,  range  1  east  anil  township  13  north,  range  1 
east,  Mt.  Diablo  base  and  meridian,  and  the  right  or  west  bank  of  the 
Sacramento  river,  said  point  being  on  the  boundary  line  between  the 
counties  of  Colusa  and  Yolo,  state  of  California;  and  thence  south- 
easterly along  and  with  the  said  right  or  west  bank  of  the  said  Sacra- 
mento river,  to  the  intersection  with  the  east  boundary  line  of  section 
12  in  township  12  north,  range  1  east;  thence  south  along  the  east  line 
of  said  section  12  to  its  intersection  with  the  right  bank  of  said 
Sacramento  river;  thence  southeasterly  along  the  right  or  west  bank  of 
said  Sacramento  river  to   its  intersection  with   the   quarter  section   line 


1063  DRAINAGE.  Act  977,  §  1 

running  north  and  south  through  the  center  of  section  32,  township  11 
north,  range  3  east.  Mount  Diablo  base  and  meridian;  thence  south  to 
the  center  of  section  8,  township  10  north,  range  3  east,  Mount  Diablo 
base  and  meridian;  thence  west  to  the  quarter  section  corner  common 
to  section  7,  township  10  north,  range  3  east  and  section  12,  township  10 
north,  range  2  east;  thence  north  to  the  southeast  corner  of  the  north- 
east quarter  of  the  northeast  quarter  of  said  section  12;  thence  west 
to  the  east  line  of  section  11,  township  10  north,  range  2  east;  thence 
north  to  the  section  corner  common  to  sections  1,  2,  11  and  12,  town- 
ship 10  north,  range  2  east;  thence  west  to  the  southwest  corner  of  the 
southeast  quarter  of  the  southeast  quarter  of  said  section  2;  thence 
north  to  the  center  of  the  southeast  quarter  of  said  section  2;  thence 
•west  to  the  center  of  the  southwest  quarter  of  said  section  2;  thence 
north  to  the  raid-section  line  running  east  and  west  through  the  said 
section  2;  thence  west  to  the  east  line  of  section  3,  township  10  north, 
range  2  east;  thence  north  to  the  southeast  corner  of  the  northeast 
quarter  of  the  northeast  quarter  of  said  section  3;  thence  west  to  the 
center  of  the  northeast  quarter  of  said  section  3;  thence  north  to  the 
center  of  the  southeast  quarter  of  section  34,  township  11  north,  range 
2  east;  thence  west  to  the  mid-section  line  running  north  and  south 
through  said  section  34;  thence  north  to  the  center  of  said  section  34; 
thence  west  to  the  southwest  corner  of  the  southeast  quarter  of  the 
northwest  quarter  of  said  section  34;  thence  north  to  the  mid-section 
line  running  east  and  west  through  section  27,  township  11  north,  range 
2  east;  thence  east  to  the  center  of  said  section  27;  thence  north  to  the 
south  line  of  section  22,  township  11  north,  range  2  east;  thence  east 
to  the  southwest  corner  of  the  southeast  quarter  of  the  southeast  quarter 
of  said  section  22;  thence  north  to  the  mid-section  line  running  east 
and  west  through  the  said  section  22;  thence  east  to  the  west  line  of 
section  23,  township  11  north,  range  2  east;  thence  north  to  the  north- 
east corner  of  said  section  22;  thence  west  to  the  northwest  corner  of 
said  section  22;  thence  north  to  the  one-fourth  section  corner  between 
sections  15  and  16,  said  township  and  range;  thence  west  to  the  one- 
fourth  section  corner  between  sections  17  and  IS,  said  township  and 
range;  thence  north  to  the  northeast  corner  of  the  southeast  quarter 
of  the  northeast  quarter  of  section  18;  thence  west  to  the  center  of  the 
northeast  quarter  of  the 'said  section  IS;  thence  north  to  the  center  of 
the  southeast  quarter  of  section  7,  township  11  north,  range  1  east; 
thence  west  to  the  center  of  the  southwest  quarter  of  the  said  section  7; 
thence  north  to  the  center  of  the  northwest  quarter  of  the  said  sec- 
tion 7;  thence  west  to  range  line  between  ranges  1  and  2  east  and  the 
southwest  corner  of  said  northwest  quarter  of  the  northwest  quarter  of 
said  section  7;  thence  south  along  the  range  line  to  the  southeast  cor- 
ner of  section  12  in  township  11  north,  range  1  east.  Mount  Diablo  base 
and  meridian;  thence  west,  one  and  one-half  miles  to  the  quarter  section 
corner  between  sections  11  and  14  in  said  last-mentioned  township  and 
range;  thence  north,  through  the  center  of  said  section  11,  to  the  quarter 


Act  977,  §  1  GENERAL   LAWS.  lOG-i 

section  corner  between  said  section  11  and  section  2  in  said  last  men- 
tioned township  and  range;  thence  west  one  mile  to  the  quarter  section 
corner  between  sections  3  and  10,  said  last-mentioned  township  and 
range;  thence  north  one  mile  through  the  center  of  said  section  3  to 
the  township  line  between  townships  11  and  12  north,  and  to  the  quarter 
section  corner  between  section  3  in  said  township  11  and  section  34  in 
said  township  12  north,  range  1  east;  thence  west  one  mile  to  the  quarter 
section  corner  between  section  4  in  township  11  north  and  section  33  in 
township  12  north,  range  1  east;  thence  north  zero  degrees,  50  minutes 
east  to  a  point  nine  hundred  eightj'-four  and  three-tenths  (984.3)  feet 
south  of  the  center  of  said  section  33.  in  township  12  north,  range  1 
east;  thence  north  81  degrees,  .59  minutes  west  twenty-six  hundred  and 
eighty  and  four-tenths  (2680.4)  feet  to  the  line  between  sections  32 
and  33,  in  said  last-mentioned  township  and  range;  thence  south  along 
said  line,  to  the  southeast  corner  of  said  section  32;  thence  west  one 
mile  to  the  southwest  corner  of  said  section  32;  thence  north,  along  the 
section  line  between  sections  31  and  32  in  said  township  and  range  to 
a  point  seven  hundred  and  forty-six  and  two-tenths  (74().2)  feet  north 
of  the  quarter  section  corner  between  said  sections  31  and  32;  thence 
north  31  degrees,  14  minutes  30  seconds  west,  eleven  thousand  five  hun- 
dred and  twenty-seven  and  one-tenth  (11,527.1)  feet  to  a  point  six 
hundred  feet  west  of  the  quarter  section  corner  between  sections  19  and 
24,  and  townships  1  east  and  1  west;  thence  parallel  with  the  meridian 
line  north  00  degrees  04  minutes  east  to  the  north  boundary  line  of 
section  1,  in  said  township  12  north,  range  1  west,  and  the  line  between 
the  counties  of  Yolo  and  Colusa;  thence,  northeasterly  in  a  straight  line 
to  the  northeast  corner  of  the  southeast  quarter  of  section  36,  in  town- 
ship 13  north,  range  1  west.  Mount  Diablo  base  and  meridian,  in  the 
county  of  Colusa;  thence  north  to  the  northeast  corner  of  said  section 
36;  thence  continuing  north  to  an  intersection  with  a  line  running 
parallel  with  and  five  hundred  feet  westerly  from  the  westerly  base 
of  "Howell  Point"  levee,  which  point  of  intersection  is  one  and  ninety- 
six  hundredths  (1.96)  chains  south  of  the  northeast  corner  of  section  25 
in  said  township  13  north,  range  1  west,  M.  D.  M.;  thence  north  31 
degrees,  45  minutes  west,  parallel  with  and  five  hundred  feet  westerly 
of  the  base  of  said  "Howell  Point"  levee,  sixty-six  and  ninety-six  hun- 
dredths (66.96)  chains;  thence  north  48  degrees,  15  minutes  west,  to 
an  intersection  with  the  south  line  of  section  11,  said  last-mentioned 
township  and  range  at  a  point  one  and  sixty-four  hundredths  (1.64) 
chains  east  of  the  southwest  corner  o*f  said  section  11;  thence  west  one 
and  sixty-four  hundredths  (1.64)  chains  to  the  southwest  corner  of 
section  11;  thence  (variation  18  degrees,  30  minutes  east)  north  00 
degrees,  07  minutes  east,  three  and  ninety-three  hundredths  (3.93) 
chains  to  the  westerly  boundary  of  a  certain  tract  of  land  over  which 
Henry  Gregory  granted  to  reclamation  district  No.  108  a  right  of  way 
for  levee  and  canal  purposes,  by  deed  recorded  in  the  oflBce  of  the  county 
recorder   of  the   county  of   Colusa,   on   the  31st   day   of  March,   1903,   in 


1065  DRAINAGE.  Act  977,  §  1 

book  55  of  deeds  at  page  514;  thence  (variation  18  degrees,  30  minutes 
east)  north  42  degrees,  27  minutes  west,  along  the  western  boundary  of 
said  last  mentioned  tract,  one  hundred  and  four  and  twent.y-four  hun- 
dredths (104.24)  chains  to  a  stake  on  the  line  between  sections  3  and 
10  said  last-mentioned  township  and  range,  at  a  point  fourteen  and 
twenty-nine  hundredths  (14.29)  chains  east  of  the  northwest  corner  of 
said  section  10;  thence  west,  along  the  line  between  said  section  3  and 
10  to  the  said  northwest  corner  of  said  section  10;  thence  north,  on  the 
line  between  sections  3  and  4  in  said  last-mentioned  township  and  range, 
fifteen  and  sixty  hundredths  (15.60)  chains  to  the  westerly  boundary  of 
a  certain  tract  of  land  over  which  Andrew  Hopkins  granted  to  reclama- 
tion district  No.  108  a  right  of  way  by  deed  recorded  in  the  office  of 
the  county  recorder  of  Colusa  county,  on  the  31st  day  of  August,  1906, 
in  book  "62"  of  deeds,  at  page  102;  thence  north  42  degrees,  27  min- 
utes west,  forty-three  and  twenty-nine  hundredths  (43.29)  chains  to  an 
intersection  with  the  north  boundary  line  of  land  now  owned  by  Andrew 
Hopkins  in  section  4;  thence,  continuing  on  same  course,  forty-three 
and  eleven  hundredths  (43.11)  chains  to  township  line  between  town- 
ships 13  and  14  north,  range  1  west,  at  a  point  seven  and  twenty-seven 
hundredths  (7.27)  chains  west  of  the  quarter  section  corner  between 
said  section  4  and  section  33  in  township  14  north,  range  1  west;  thence 
west  to  the  quarter  section  corner  between  section  5,  township  13 
north,  range  1  west,  and  section  32  in  township  14  north,  range  1  west, 
Mount  Diablo  base  and  meridian;  thence  north  to  the  center  of  section 
29,  township  14  north,  range  1  west;  thence  east  to  the  center  of 
section  27  in  said  township  and  range;  thence  north  to  the  center  of 
the  south  half  of  section  22,  said  township  and  range;  thence  east  to 
the  northeast  corner  of  the  southeast  quarter  of  the  southeast  quarter 
of  said  section  22;  thence  north  to  the  quarter  section  corner  between 
sections  22  and  23;  thence  east  to  the  quarter  section  corner  between 
sections  23  and  24,  said  township  and  range;  thence  north  to  the  north- 
west corner  of  the  southwest  quarter  of  the  northwest  quarter  of  said 
section  24;  thence  east  to  the  center  of  the  northwest  quarter  of  said 
section  24;  thence  north  to  the  south  line  of  section  13,  same  township 
and  range;  thence  west  to  the  southwest  corner  of  said  section  13; 
thence  north  to  the  quarter  section  corner  between  sections  13  and  14, 
same  township  and  range;  thence  east,  through  the  center  of  said  sec- 
tion 13  to  the  quarter  section  corner  between  sections  13  and  18  on  the 
meridian  line  between  ranges  1  west  and  1  east;  thence  south  along  the 
meridian  line,  and  east  boundary  of  said  section  13  and  ,,24,  to  the 
southwest  corner  of  the  northwest  quarter  of  the  northwest  quarter  of 
section  19  in  township  14  north,  range  1  east,  M.  D.  M.;  thence  east 
to  the  midsection  line  running  north  and  south  through  the  center  of 
said  section  19;  thence  so"uth  to  the  southeast  corner  of  the  northeast 
quarter  of  the  northwest  quarter  of  section  30,  in  said  township  and 
range;  thence  west  to  the  center  of  the  northwest  quarter  of  said  section 
30;   thence  south  to  the   midsection  line  running  east   and   west   through 


Act  977,  §  1  GENERAL  LAWS,  1066 

said  section  30;  thence  east  to  the  center  of  said  section  30;  thence 
south  to  the  southwest  corner  of  the  northwest  quarter  of  the  northeast 
quarter  of  section  31;  thence  east  to  the  center  of  the  northeast  quarter 
of  said  section  31;  thence  south  to  the  midsection  line  running  east  and 
west  through  said  section  31;  thence  east  to  the  east  line  of  said  section 
31;  thence  north  to  the  southeast  corner  of  the  northeast  quarter  of  the 
southeast  quarter  of  said  section  30;  thence  west  to  the  center  of  the 
southeast  quarter  of  said  section  30;  thence  north  to  the  midsection  line 
running  east  and  west  through  the  center  of  said  section  30;  thence 
east  to  the  east  line  of  said  section  30;  thence  north  to  the  southeast 
corner  of  the  northeast  quarter  of  the  northeast  quarter  of  said  section 
30;  thence  east  to  the  midsection  line  running  north  and  south  through 
the  center  of  section  29,  same  township  and  range;  thence  north  to  the 
north  line  of  said  section  29;  thence  east  to  the  northeast  corner  of  the 
northwest  quarter  of  the  northeast  quarter  of  said  section  29;  thence 
south  to  the  midsection  line  running  east  and  west  through  the  center 
of  said  section  29;  thence  east  to  the  center  of  section  28  in  said  town- 
ship 14  north,  range  1  east;  thence  south  to  the  southeast  corner  of 
the  northeast  quarter  of  the  southwest  quarter  of  section  33,  said 
township  and  range;  thence  west  to  the  center  of  the  southwest  quar- 
ter of  said  section  33;  thence  north  to  the  miilsection  line  running 
east  and  west  through  the  center  of  said  section  33;  thence  west  to 
the  west  line  of  said  section  33;  thence  south  to  the  southwest  corner 
of  section  33;  thence  east  to  the  southwest  corner  of  the  southeast 
quarter  of  the  southwest  quarter  of  said  section  33;  thence  south  to 
the  center  of  the  northwest  quarter  of  section  4  in  township  13  north, 
range  1  east,  M.  D.  M.;  thence  west  to  the  west  line  of  said  section  4; 
thence  south  to  the  quarter  section  corner  between  sections  4  and  5  in 
said  last-mentioned  township  and  range;  thence  east  to  the  southeast 
corner  of  the  southwest  quarter  of  the  northwest  quarter  of  said  section 
4;  thence  north  to  the  center  of  the  northwest  quarter  of  said  section  4; 
thence  east  to  the  east  line  of  said  section  4;  thence  north  to  the  north- 
east corner  of  said  section  4  and  the  township  line;  thence  east,  along 
said  township  line  between  townships  13  and  14  north,  range  1  east, 
to  the  quarter  section  corner  between  section  35  in  township  14  north, 
range  1  east,  and  section  2  in  township  13  north,  range  1  east,  M.  D.  M.; 
thence  south  to  the  center  of  said  section  2;  thence  east  to  the  east 
line  of  said  section  2;  thence  south  to  the  quarter  section  corner  between 
sections  11  and  12,  in  said  township  13  north,  range  1  cast;  thence  west 
to  the  cenfer  of  the  east  half  of  said  section  11;  thence  south  to  the 
south  line  of  said  section  11;  thence  west  to  the  quarter  section  corner 
between  sections  11  and  14  in  said  township  and  range;  thence  south 
to  the  center  of  said  section  14;  thence  west  to  the  west  line  of  section 
14;  thence  south  to  the  southwest  corner  of  said  section  14;  thence  west 
to  the  southwest  corner  of  the  southeast  quarter  of  the  southeast  quarter 
of  section  15;  same  township  and  range;  thence  south  to  the  south  line 
of   section    27,   same    township   and    range;    thence   west   to   the   quarter 


1067  DRAINAGE.  Act  977,  §§  2, 3 

section  corner  between  sections  27  and  34,  same  township  and  range; 
thence  south,  through  the  center  of  said  section  34  to  the  south  line 
of  said  section  34  and  the  township  line  between  townships  12  and  13 
north,  said  township  line,  being  also  the  boundary  line  between  the  coun- 
ties of  Colusa  and  Yolo,  state  of  California;  thence  east  along  the  town- 
ship line  to  the  point  of  beginning,  and  being  in  the  counties  of  Colusa 
and  Yolo,  state  of  California. 

Officers. 

§  2.  The  officers  of  said  district  shall  consist  of  a  board  of  five  drain- 
age commissioners  who  shall  hold  office  two  years  from  and  after  their 
election  or  appointment  and  until  their  successors  have  qualified.  Said 
drainage  commissioners  shall  be  selected  as  follows:  three  from  that 
portion  of  said  district  to  be  known  as  the  northern  division  and  Ij'ing 
north  of  a  line  running  east  and  west  through  the  center  of  sections 
15,  16  and  17  in  township  11  north,  range  2  east  M.  D.  B.  and  M.,  and 
extended  beyond  the  limits  of  the  east  and  west  lines  of  said  sections 
through  the  east  and  west  boundaries  of  said  district,  and  two  from 
that  portion  of  said  district  to  be  known  as  the  southern  division  and 
lying  south  of  the  above-described  line,  and  each  of  them  must  at  the 
time  of  his  election  or  appointment  be  the  owner  of  at  least  forty  (40) 
acres  of  land  in  said  Knight's  Landing  ridge  drainage  district  and  in 
the  portion  of  said  district  from  which  he  is  elected,  the  test  of  his 
qualification  as  such  commissioner  to  be  such  land  ownership  and  not 
residence  in  the  portion  of  said  district  from  which  he  is  selected. 

Election. 

§  3.  An  election  shall  be  held  within  forty  days  after  the  date  upon 
which  this  act  shall  take  effect,  and  on  the  last  Monday  of  October  of 
every  second  calendar  year  thereafter,  at  which  election  said  commis- 
sioners shall  be  elected.  Said  first  election  shall  be  called  by  the 
reclamation  board  created  by  that  certain  act  of  the  legislature  of  the 
state  of  California,  entitled:  "An  act  approving  the  report  of  the  Cali- 
fornia debris  commission  transmitted  to  the  speaker  of  the  house  of 
representatives  by  the  secretary  of  war  on  June  27,  1911,  directing  the 
approval  of  plans  of  reclamation  along  the  Sacramento  river  or  its  tribu- 
taries or  upon  the  swamp  lands  adjacent  to  said  river,  directing  the 
state  engineer  to  procure  data  and  make  surveys  and  examinations  for 
the  purpose  of  perfecting  the  plans  contained  in  said  report  of  the 
California  debris  commission  and  to  make  report  thereof,  making  an 
appropriation  to  pay  the  expenses  of  such  examinations  and  surveys,  and 
creating  a  reclamation  board  and  defining  its  powers,"  and  approved 
December  24,  1911.  Said  reclamation  board  shall,  prior  to  said  first 
election  procure  from  the  assessor  of  said  counties  of  Yolo  and  Colusa, 
respectively,  a  list  certified  by  such  assessors  respectively,  containing 
a  description  of  all  the  lands  of  the  district  situated  in  such  counties, 
the  name  of  the  person  to  whom  each  tract  is  assessed  and  the  value 


Act  977,  §  3  GENERAL   LAWS.  1068 

thereof,  as  appears  from  the  last  prior  assessment-roll  of  said  counties, 
which  said  list  shall  be  furnished  to  and  be  used  by  the  board  of  election 
hereinafter  described  in  determining  the  number  of  votes  each  voter 
is  entitled  to  cast.  Said  reclamation  board  shall  also  designate  the 
voting  places  for  said  first  election  and  for  all  succeeding  elections,  one 
of  which  shall  be  located  in  the  northern  division  of  the  district  and 
one  in  the  southern  division  thereof,  as  above  defined.  Notice  of  the 
time  and  place  of  holding  all  elections  in  each  of  said  divisions  shall 
be  given  by  said  reclamation  board  by  publication  once  a  week  for  two 
weeks  next  preceding  such  election,  in  some  newspaper  published  in 
Colusa  county  and  also  in  some  newspaper  published  in  Yolo  county.  In 
all  elections  other  than  the  first,  the  board  of  drainage  commissioners 
shall,  prior  to  the  election,  procure  from  the  assessors  of  said  counties 
of  Yolo  and  Colusa,  respectively,  a  list  certified  by  such  assessors  re- 
spectively, containing  a  description  of  all  the  lands  of  the  district 
situated  in  such  counties,  the  name  of  the  person  to  whom  each  tract 
is  assessed  and  the  value  thereof  as  it  appears  from  the  last  prior 
assessment-roll  of  said  counties,  which  said  list  shall  be  furnished  to  and 
be  used  by  the  board  of  election  hereinafter  described  in  determining 
the  number  of  votes  each  voter  is  entitled  to  cast.  In  all  elections  said 
reclamation  board  shall  appoint  an  inspector  and  two  judges  of  election 
for  each  voting  place,  who  shall  constitute  a  board  of  election  for  such 
voting  places. 

At  all  elections  of  commissioners  each  owner  of  land  within  each 
portion  of  said  drainage  district  as  above  defined,  shall  be  entitled  to 
east  one  vote,  in  person  or  by  prox}',  for  each  commissioner  to  be  electe«i 
therein  for  each  one  dollar's  worth  of  real  estate  owned  by  such  land 
owner  within  said  portion  of  said  district,  such  \'aluation  to  be  deter- 
mined by  the  next  preceding  assessment-roll  of  the  county  in  which  the 
same  is  situated.  The  estates  of  minors,  incom])otents  or  deceased  per- 
sons shall  be  represented  by  the  guardian,  executor,  administrator  or 
trustee  in  person.  Where  a  tract  is  situated  partly  within  and  partly 
without  the  boundaries  of  such  district,  or  partly  in  the  northern  por- 
tion of  the  district  and  partly  in  the  southern  portion  thereof,  and  the 
assessment-roll  contains  a  valuation  of  said  tract  of  land  as  a  whole, 
the  same  must  be  apportioned  according  to  the  number  of  acres  lying 
within  and  without  the  boundaries  of  said  district  or  north  and  south 
of  the  above-defined  division  line  respectively.  No  person  shall  vote 
by  proxy  at  such  election,  unless  authority  to  cast  such  vote  shall  be 
evidenced  by  an  instrument  in  writing,  duly  acknowledged  and  certified 
in  the  same  manner  as  grants  of  real  property,  and  filed  with  the  hoard 
of  election.  In  case  no  board  of  election  shall  be  appointed,  or  if  any 
member  thereof  shall  fail  or  refuse  to  serve,  the  land  owners  present 
(at  the  time  of  the  opening  of  such  election)  may  appoint  such  board 
of  election  or  supply  the  place  of  an  absent  member.  Each  member  of 
the  board  of  election  must,  before  entering  upon  the  discharge  of  his 
duties,   be   sworn   to   perform   them   faithfully.     Any   person    entitled    to 


1069  DRAINAGE.  Act  977,  §  4 

vote  at  such  election  may  administer  the  oath.  The  polls  shall  be  kept 
open  from  10  o'clock  A.  M.  till  4  o'clock  P.  M.  on  the  day  of  said  election. 
The  boards  of  election  must  keep  a  list  of  the  names  of  the  persons 
voting  at  such  election,  together  with  a  statement  of  the  number  of 
votes  cast  by  each,  and  shall  canvass  the  votes  and  make  a  return 
thereof  showing  the  number  of  votes  cast  for  each  person  for  drainage 
commissioner  and  shall  return  therewith  said  list  containing  the  names 
of  the  land  owners  voting  at  such  election.  Such  election  shall  be  by 
ballot,  which  ballots  must  contain  the  name  of  the  person  voting  the 
same,  the  total  number  of  votes  cast,  the  names  of  the  persons  voted 
for  and  the  number  of  votes  cast  for  each  of  said  persons.  The  ballots 
must  be  inclosed  in  an  envelope  by  the  election  board,  and  delivered, 
with  the  election  returns,  to  the  said  reclamation  board,  and  said  recla- 
mation board  shall  cause  a  certificate  of  election  to  be  issued  by  the 
secretary  of  said  board  to  the  person  or  persons  receiving  the  highest 
number  of  legal  votes.  If  a  certificate  of  election  shall  be  issued  to  any 
person  who  has  not  received  the  highest  number  of  legal  votes,  and 
upon  an  affidavit  being  filed  by  a  land  owner  in  the  portion  of  said 
drainage  district  from  which  such  commissioner  was  declared  elected, 
setting  forth  that  such  person  did  not  receive  the  highest  number  of 
legal  votes,  and  giving  the  names  of  the  persons  who  cast  illegal  votes 
for  such  person,  and  the  number  of  such  illegal  votes  so  cast,  the  said 
reclamation  board  shall  canvass  the  election  returns,  and  hear  evidence 
touching  the  legality  of  any  votes  cast,  and  may  revoke  such  certificate 
of  election  and  issue  a  certificate  to  the  person  legally  elected.  Within 
fifteen  days  after  receiving  a  certificate  of  election,  and  before  entering 
upon  the  duties  of  his  office,  each  drainage  commissioner  shall  take  the 
oath  of  office  prescribed  by  law,  and  file  the  same  in  the  office  of  said 
reclamation  board.  All  vacancies  in  the  board  of  drainage  commission- 
ers shall  be  filled  by  the  said  reclamation  board,  and  such  appointee 
shall  hold  office  until  the  next  succeeding  election,  and  the  qualification 
of  his  successor. 

Organization  of  board.     Oflace  of  board.     Meetings.     Compensation. 

§  4.  The  board  of  drainage  commissioners  shall  elect  one  of  their 
number  as  president,  and  shall  elect  a  secretary  who  may  or  may  not 
be  a  member  of  said  board,  and  an  engineer,  who  shall  not  be  a  member 
of  said  board,  and  employ  such  other  persons  as  may  be  necessary  to 
assist  and  advise  said  board.  The  office  of  said  board  of  drainage  com- 
missioners shall  be  kept  at  the  city  of  Sacramento,  but  the  same  may 
be  changed  by  the  said  board  from  time  to  time.  "The  board  shall  hold 
regular  meetings  upon  the  first  and  third  Saturdays  of  each  month,  and 
may,  in  the  by-laws  of  the  district,  provide  for  as  many  additional 
regular  meetings  as  may  be  necessary,  and  at  such  meetings  three  of 
said  members  shall  constitute  a  quorum  for  the  transaction  of  any  and 
all  business.  The  days  of  holding  regular  meetings  as  fixed  by  this 
act  may  be  changed  by  said  board  from  time  to  time.     Special  meetings 


Act  977,  §  5  GENERAL   LAWS.  1070 

may  be  called  and  held  at  such  times  and  in  such  manner  as  the  by-laws 
may  provide.  Any  meeting  of  the  commissioners,  at  which  all  members 
of  the  board  are  present,  shall  be  deemed  a  regular  meeting  at  which 
any  business  may  be  transacted.  No  commissioner  shall  be  disqualified 
from  participating  in  any  and  all  proceedings  or  actions  of  the  board 
of  drainage  commissioners,  except  that  he  shall  not  cast  a  deciding  vote 
upon  a  motion  or  resolution  to  pay  money  or  award  a  contract  directly 
to  himself.  Each  commissioner  shall  receive  ten  dollars  per  day  and 
necessary  mileage  actually  expended  while  engaged  in  the  performance 
of  his  duties. 

Powers.     Drainage  of  Colusa  basin.     Gates  near  Sycamore  slough. 

§  5.  The  board  of  drainage  commissioners  shall  have  i>ower  to  adopt 
by-laws  not  in  conflict  with  general  laws;  to  appoint  an  executive  com- 
mittee with  such  powers  as  shall  not  be  in  conflict  with  general  laws; 
to  employ  engineers  and  others  to  survey,  plan,  locate  and  estimate  the 
cost  of  the  works  necessary  for  the  drainage  of  the  lands  of  the  dis- 
trict; to  thereafter,  at  any  time,  in  its  discretion,  modify  or  change 
such  original  plan  or  plans,  or  adopt  new,  supplemental  or  additional 
plan  or  plans,  when  in  its  judgment  the  same  shall  have  become  neces- 
sary; provided,  that  said  board  of  drainage  commissioners  must  report 
to  the  reclamation  board  such  original  plan  or  plans  of  the  work  and 
every  new,  supplemental  or  additional  plan,  if  any,  together  with  the 
estimates  of  the  cost  of  the  works  necessary  for  the  drainage  of  the 
lands  of  the  district,  in  pursuance  of  any  such  plan  or  plans,  together 
with  an  estimate  of  incidental  expenses;  to  acquire  from  private  per- 
sons, reclamation,  swamp  land,  levee  or  other  public  agencies  or  pro- 
tection districts,  or  corporations,  all  rights  of  way,  easements,  property 
and  material,  whether  outside  or  within  the  limits  of  the  district, 
necessary  or  requisite  for  levees,  canals  and  other  drainage  works,  by 
donation,  contract,  purchase  or  by  proceedings  under  the  provisions  , of 
title  7,  part  3  of  the  Code  of  Civil  Procedure,  of  the  state  of  Cali- 
fornia for  condemnation  thereof  in  the  name  of  the  district  or  any 
other  provision  of  law  in  relation  to  the  right  of  emin-ent  domain;  to 
sue  and  be  sued  in  the  name  of  said  drainage  district  and  to  do  all 
other  acts  or  things  necessary  or  requisite  for  the  full  exercise  of  its 
powers  or  necessary  for  the  promotion  of  the  drainage  of  lands  within 
said  drainage  district.  It  shall  be  the  duty  of  said  board  of  drainage 
commjssio-ners  to  take  such  steps  as  may  be  necessary  to  open  a  cut 
through  Knight's  Landing  ridge  in  Yolo  county,  and  to  construct  canal 
leading  from  said  cut  foj  the  purpose  of  draining  and  disposing  of  the 
waters  of  Colusa  basin  by  carrying  the  same  to  the  head  of  the  proposed 
Yolo  by-pass  in  section  8,  township  10  north,  range  3  east,  M.  D.  B.  and 
M.,  in  said  county  of  Yolo,  as  defined  by  and  in  accordance  with  the 
general  plan  of  the  California  deliris  commission,  transmitted  to  the 
spoaker  of  the  house  of  representatives  of  the  United  States,  bv  the 
secretary  of  war,  on   the  twenty-seventh  day  of  June,  1911,  with   such 


1071  DRAINAGE.  Act  977,  §  6 

modifications  or  amendments  as  may  hereafter  be  adopted  by  said  recla- 
mation board,  and  in  accordance  with  such  plan  as  shall  be  approved 
by  said  reclamation  board,  or  made  in  accordance  with  law  and  in  the 
manner  hereinafter  provided.  The  said  canal  sliall  be  of  such  size  and 
the  embankments  thereof  of  sufficient  strength  and  dimensions  as  to 
prevent  the  waters  therein  from  overflowing  its  banks.  No  water  shall 
be  permitted  to  flow  through  any  cut  or  excavation  in  said  ridge  pro- 
vided to  be  made  in  this  act  until  the  canal  to  be  constructed  as  here- 
inbefore provided  shall  have  been  completed  so  as  to  convey  the  waters 
flowing  or  to  flow  through  said  cut  to  the  head  of  said  proposed  Yolo 
by-pass  in  said  section  8,  in  a  manner  satisfactory  to  the  said  reclama- 
tion board.  Said  reclamation  board  shall  have  power  to  direct  the 
method  of  the  construction  of  said  cut,  canal  and  levees.  Said  drainage 
commissioners  shall  also  have  power  to  construct  such  gates  in  said 
canal  or  ridge,  or  in  or  near  Sycamore  slough  where  the  same  enters 
the  Sacramento  river  above  said  ridge,  as  may  be  necessary  to  cany 
out  such  plan.  If  required  by  the  said  reclamation  board,  such  gates 
must  be  constructed  before  such  ridge  is  cut  or  excavated. 

Assessors.  Assessment  lists.  Objections.  Order  approving  assessment. 
Action  to  correct. 
§  6.  The  said  reclamation  board  shall  upon  receipt  of  plans  and 
estimates,  as  above  set  forth,  appoint  three  assessors,  who  shall  be 
disinterested  persons,  and  who  shall  have  no  interest  in  any  real  estate 
within  said  drainage  district,  and  each  of  whom,  before  entering  upon 
his  duties,  shall  make  and  subscribe  an  oath  that  he  is  not  in  any  man- 
ner interested  in  any  real  estate  within  said  district,  directly  or  indi- 
rectly, and  that  he  will  perform  the  duties  of  an  assessor  to  the  best 
of  his  ability.  Said  assessors  must  assess  upon  the  land  within  said 
drainage  district  the  said  sum  so  estimated  by  the  board  of  drainage 
commissioners,  and  shall  apportion  the  same  according  to  the  benefits 
that  will  accrue  to  each  tract  of  land  in  said  district,  respectively,  by 
reason  of  the  expenditure  of  said  sums  of  money.  Said  assessors  shall 
make  a  separate  list  of  the  lands  so  assessed  in  each  county,  which  list 
shall  contain  a  description  of  the  tracts  of  land  assessed,  by  swamp  land 
surveys,  legal  subdivisions,  or  other  boundaries  or  references  sufficient 
to  identify  the  same;  the  name  of  the  owner,  if  known,  or  if  unknown, 
that  fact;"  the  amount  of  the  charge  assessed  against  eacb  tract.  No 
mistake  in  the  name  of  the  owner  or  supposed  owner,  of  any  real  estate 
shall  invalidate  the  assessment.  Said  lists,  when  completed,  shall  be  filed 
with  the  clerk  of  the  board  of  supervisors  of  the  county  of  Yolo,  state 
of  California.  The  said  board  of  supervisors  shall  appoint  a  time  when 
it  will  meet  for  the  purpose  of  hearing  objections  to  said  assessment,  and 
notice  of  such  hearing  shall  be  given  by  publication  for  four  weeks  in 
a  newspaper  of  general  circulation  published  in  the  county  of  Yolo,  and 
in  a  newspaper  of  general  circulation  published  in  the  county  of  Colusa. 
At  any  time  before  the  date   of  suck  hearing  any  person  interested  in 


Act  977,  §  7  GENERAL   LAWS.  1072 

any  land  upon  which  any  charge  has  been  assessed  may  file  written  objec- 
tions to  such  assessments  with  the  clerk  of  said  board  of  supervisors 
stating  the  grounds  of  such  objections,  which  said  statement  shall  be 
verified  by  the  affidavit  of  such  person,  or  some  other  person  who  is  fami 
liar  with  the  facts.  At  said  hearing  the  said  board  of  supervisors  shall 
hear  such  evidence  as  may  be  offered  in  support  of  said  written  objec- 
tion, and  may  modify  or  amend  the  assessment  in  any  particular,  or  make 
a  reapportionment  of  the  entire  assessment.  If  the  amount  of  any  assess- 
ment in  said  list  shall  be  changed,  the  said  board  of  supervisors  shall 
set  a  day  for  hearing  objections  to  said  assessment  as  changed,  and  shall 
give  notice  thereof  by  publication  for  four  weeks  in  a  newspaper  of 
general  circulation  published  in  the  county  of  Yolo,  and  in  a  newspaper 
of  general  circulation  published  in  the  county  of  Colusa.  At  such  hear- 
ing objections  in  writing  may  be  made  by  any  person  interested,  and 
the  board  of  super%'isors  shall  proceed  to  hear  thip  same  in  the  same 
manner  as  upon  the  original  hearing.  If  the  amount  of  any  assessment 
shall  again  be  changed,  the  said  board  of  supervisors  shall  proceed  as 
before  to  give  notice  and  to  hear  objections  thereto,  and  shall  proceed 
in  a  similar  manner  until  the  amount  of  each  assessment  shall  be  finally 
fixed  and  approved.  The  said  board  of  supervisors  shall  then  make  an 
order  approving  said  assessment,  and  shall  indorse  such  order  upon  such 
assessment  list,  which  said  indorsement  shall  be  signed  by  the  chairman 
of  said  board  of  supervisors  and  attested  by  the  clerk  thereof,  and  such 
decision  of  said  board  of  supervisors  shall  bo  final,  and  thereafter  said 
assessment  list  shall  be  conclusive  evidence  that  the  said  assessment  has 
been  made  and  levied  according  to  law,  except  in  an  action  commenced, 
as  hereinafter  provided.  Immediately  after  the  approval  of  said  assess- 
ment the  order  approving  same  shall,  by  the  clerk  of  said  board  of  super 
visors,  be  deposited  in  the  oflSce  of  the  county  treasurer  of  Yolo  county, 
and  a  copy  thereof  shall  be  certified  to  by  said  clerk  and  deposited  by 
said  clerk  in  the  office  of  the  treasurer  of  Colusa  county.  Any  person 
aggrieved  by  the  decision  of  the  said  board  of  supervisors  may  com- 
mence an  action  in  the  superior  court  of  the  county  in  which  the  greater 
part  of  said  district  is  situated,  to  have  said  assessment  corrected,  modi- 
fied or  annulled.  Such  action  must  be  commenced  within  thirty  days 
after  said  assessment  list  has  been  filed  in  the  ofl^ce  of  the  county  treas 
urer  of  the  county  in  which  the  land  affected  is  situated.  If  said  action 
shall  not  be  commenced  within  said  thirty  days,  no  action  or  defense 
shall  thereafter  be  maintained  attacking  the  legality  of  said  assessment 
in  any  respect. 

Charges    lien    on    property.     Return    of    lists.     Delinquent    installments. 

Sale  of  property.     Redemption.     Deed.     Lands  omitted.     Correction 

of  mistakes. 
§  7.     From  and  after  the  filing  of  the  list  with  the  treasurer  of  each  re- 
spective county,  the  charges  assessed  upon  any  tract  of  land  within  the 
said  county  shall  constitute  a  lien  thereon  and  shall  impart  notice  thereof 


1073  DRAINAGE.  Act  977,  §  7 

to  all  persons.  No  subsequent  act  or  conduct  of  the  commissioners  shall 
invalidate  said  assessment  or  lien,  but  such  commissioners  may  be  com- 
pelled by  mandate  or  other  proper  proceeding  to  perform  their  duties, 
as  required  by  law.  The  list  thus  prepared  and  filed  must  remain  in  the 
offices  of  the  respective  treasurers  for  thirty  days  from  such  filing,  or 
longer  if  ordered  by  the  board  of  drainage  commissioners,  and  during 
the  time  they  so  remain,  any  person  may  pay  the  amount  of  the  charge 
assessed  against  any  tract  of  land  to  the  treasurer  of  the  county  in  which 
such  tract  is  situated  in  gold  coin  of  the  United  States,  or  in  warrants 
of  the  district.  At  the  end  of  thirty  days,  the  treasurers  must  return 
the  lists  to  the  board  of  commissioners  of  the  district,  and  all  unpaid 
assessments  shall  thereafter  bear  interest  at  the  rate  of  seven  per  cent 
per  annum,  and  shall  be  collected  and  paid  in  separate  installments,  of 
such  amounts,  and  at  such  time,  respectively,  as  the  board,  from  time 
to  time,  in  its  discretion,  may,  by  order  entered  in  its  minutes,  direct; 
if  any  such  installment  shall  remain  unpaid  at  the  expiration  of  thirty 
days  from  the  date  of  the  order,  then  said  installment  shall  become 
delinquent,  together  with  the  accrued  interest  thereon,  and  ten  per  cent 
of  the  amount  of  said  installment  and  interest  shall  be  added  thereto, 
and  collected  for  the  use  of  the  district;  provided,  further,  that  the  com- 
missioners must  on  the  first  day  of  January  of  each  year,  except  when 
bonds  shall  have  been  issued  on  the  assessment,  order  the  collection  of 
a  sufficient  amount  of  said  assessment  to  pay  all  warrants  that  have  been 
issued  and  outstanding  for  a  period  of  two  years  or  more,  together  with 
the  interest  on  such  warrants.  Immediately  after  the  said  installment 
has  become  delinquent,  the  board  of  drainage  commissioners  must  pub- 
lish a  notice  at  least  once  each  week  for  three  weeks  in  some  newspaper 
of  general  circulation  published  in  the  county  or  counties  in  which  any 
land  upon  which  such  installment  may  be  delinquent  is  situated,  which 
notice  shall  contain  a  description  of  the  property  assessed,  the  name  of 
the  person  to  whom  it  is  assessed,  or  a  statement  that  it  is  assessed  to 
unknown  owners,  if  such  be  the  fact;  the  amount  of  the  delinquent  in- 
stallment, the  amount  of  the  interest  at  the  date  of  delinquency,  the 
amount  of  the  penalty  that  has  been  added  as  above  provided,  and  a 
notice  that  the  property  assessed  will  be  sold  on  a  date  therein  stated, 
at  such  place  in  said  district  as  the  board  of  commissioners  may  in  said 
notice  designate,  to  pay  said  installment  with  accrued  interest  and  the 
penalty  hereinbefore  specified.  At  the  time  stated  in  said  notice,  or 
such  other  time  to  which  said  sale  may  have  been  postponed,  the  com- 
missioners must  sell  said  property  to  the  highest  bidder  for  gold  coin  of 
the  United  States.  Out  of  the  proceeds  of  said  sale  the  commissioners 
must  pay  the  amount  of  said  installment  with  the  accrued  interest  thereon 
and  the  penalty  herein  provided  for  to  the  county  treasurer  of  the  county 
of  Yolo  who  shall  place  the  same  in  the  proper  funds  of  said  district,  and 
the  commissioners  must  pay  to  the  owner  of  said  property  any  surplus 
remaining  after  such  payment  to  said  county  treasurer.  The  commis- 
68 


Act  977,  §  7  GENERAL   LAWS.  1074 

sioners  may  postpone  said  sale  from  time  to  time  by  a  written  notice 
posted  at  the  place  of  sale.  If  no  bid  is  made  for  said  property  equal 
to  the  amount  of  said  installment,  accrued  interest  and  penalty,  the  dis- 
trict shall  become  the  purchaser,  and  the  said  property  must  be  struck 
off  to  the  district  for  the  amount  of  said  installment,  accrued  interest  and 
penalty.  A  certificate  of  such  sale  shall  be  executed  by  the  commissioners 
to  the  purchaser,  or  to  the  district,  if  the  property  shall  have  been  struck 
off  to  the  district,  and  said  certificate  of  sale  shall  be  recorded  in  the 
ofiice  of  the  county  recorder  of  the  county  in  which  the  land  sold  is  situ- 
ated, or  if  situated  in  two  counties,  then  in  the  office  of  the  county 
recorder  of  each  thereof.  Any  person  interested  in  said  property  may 
redeem  the  same  at  any  time  within  one  year  after  the  date  of  said  sale, 
by  paying  to  the  county  treasurer  of  Yolo  county  the  amount  of  said 
installment  with  the  accrued  interest  and  penalty,  and  interest  on  the 
said  sums  at  the  rate  of  two  per  cent  per  month  from  the  date  of  said 
sale. 

If  no  redemption  shall  be  made  within  said  one  year,  the  purchaser, 
or  the  district,  if  said  property  shall  have  been  sold  to  the  district,  shall 
be  entitled  to  a  deed  executed  by  said  commissioners,  and  the  effect  of 
such  deed  shall  be  to  convey  said  property  free  of  all  liens  and  encum- 
brances, excepting  state,  county  and  municipal  taxes,  and  the  liens  of 
assessments  now  levied  or  whicli  may  hereafter  be  levied  by  any  of  the 
reclamation  districts  situate  within  said  drainage  district,  and  the  unpaid 
balance  of  said  assessment,  which  said  balance  must  be  called  in  and 
collected  in  the  same  manner  as  other  assessments;  provided,  that  where 
said  property  shall  have  been  deeded  to  the  district  and  shall  not  have 
been  sold  by  the  commissioners,  the  same  shall  not  be  offered  for  sale 
for  subsequent  installments  of  said  assessments  so  long  as  the  district 
shall  remain  the  owner  of  said  property,  but  the  commissioners  may  sell 
said  property  at  any  time  at  public  auction  after  notice  given  for  the 
same  period  and  in  the  same  manner  as  is  herein  provided  for  sales  for 
delinquent  installments,  but  not  for  a  sum  less  than  all  delinquent  unjiaid 
installments  with  accrued  interest  and  penalties,  and  the  deed  executeil  in 
pursuance  of  such  sale  shall  convey  said  property  free  of  all  encum- 
brances, except  state,  county  and  other  municipal  taxes,  the  lien  of  any 
assessments  levied  or  which  may  hereafter  be  levied  by  any  reclamation 
district  within  said  drainage  district  and  the  unpaid  balance  of  said 
assessment. 

In  all  cases  where  an  assessment  shall  hereafter  be  levied  for  drainage 
purposes  on  the  lauds  embraced  within  said  drainage  district,  if,  for  any 
reason,  any  tract  or  tracts  of  land  shall  not  have  been  charged  with  said 
assessment,  then  such  tract  or  tracts  of  land  shall  be  charged  in  any  sub- 
sequent assessment  with  such  proportion  of  the  former  assessment  as  the 
benefits  derived  by  said  lands  from  the  drainage  works,  for  which  said 
former  assessment  was  levied,  bears  to  the  whole  amount  of  said  former 
assessment;  or  a  subsequent  reassessment  of  such  tract  or  tracts  of  land 
may  be  made  separately  for  the  purpose   of  charging  said  land  with  its 


1075  DRAINAGE.  Act  977,  §  8 

proper  proportion  of  the  costs  of  drainage.  Such  reassessment  shall  be 
made  by  assessors  appointed  by  the  reclamation  board,  as  provided  by 
this  act  and  must  be  made  and  approved  in  the  same  manner  as  other 
assessments.  The  assessors  appointed  by  the  reclamation  board  must 
make  a  list  of  the  charges  assessed  against  each  tract  of  land;  and,  if 
there  be  any  error  or  mistake  in  the  description  of  the  land  or  in  the. 
name  of  the  owner,  or  if  any  land  which  should  be  assessed  has  been,  or 
shall  be,  omitted  from  the  list,  or  if  there  is  any  error  or  mistake  in  any 
other  respect,  the  said  assessors  may  amend  or  correct  the  same  at  any 
time  before  the  filing  of  such  list  with  the  clerk  of  the  board  of  super- 
visors as  hereinbefore  provided.  Where  payment  is  made  in  warrants 
of  the  district,  legal  interest  must  be  computed  thereon  from  the  date 
thereof  to  the  time  of  such  payment,  when  said  warrants  must  be  sur- 
rendered to  the  county  treasurer  of  the  county  of  Yolo  and  by  him 
canceled. 

Pasonent    of    warrants.     Cancellation    of    warrants.     Writ    of    mandate. 
Notice  to  pay  warrants. 

§  8.  The  warrants  drawn  by  the  commissioners  must  be  presented  to 
the  treasurer  of  the  county  of  Yolo,  and  if  they  are  not  paid  on  presenta- 
tion, such  indorsement  must  be  made  thereon  and  they  must  be  registered 
and  bear  interest  from  the  date  of  such  warrants  at  the  rate  of  seven  (7) 
per  cent  per  annum  and  shall  be  payable  in  the  order  of  their  registra- 
tion. Such  warrants  are,  and  shall  be,  considered  as  contracts  in  writing, 
for  the  payment  of  money,  and  the  period  prescribed  for  the  commence- 
ment of  an  action  based  upon  the  said  warrants,  or  connected  therewith, 
is,  and  shall  be,  the  term  of  four  (4)  years  from  the  date  of  their  issu- 
ance. Any  owner  of  land  in  the  district  may,  at  any  time,  pay  any  as- 
sessment thereon,  excepting  an  assessment  upon  which  bonds  have  been 
issued,  or  any  part  thereof,  with  w^arrants  of  the  district.  No  warrant 
shall  be  paid  or  received  on  an  assessment,  except  within  four  (4)  years 
after  the  date  of  its  issuance.  The  board  of  drainage  commissioners  and 
the  county  treasurer  of  Yolo  county  must  cancel  all  warrants  not  paid 
within  four  (4)  years  after  the  date  of  issuance;  provided,  that  any  war- 
rant not  paid  or  received  on  assessment  within  four  (4)  years  after  date 
of  the  issuance  may,  before  the  expiration  of  such  four  (4)  years,  upon 
the  demand  of  the  owner  or  holder,  be  extended  for  a  like  period  of 
four  (4)  years  upon  the  presentation  of  the  same  to  the  board  of  com- 
missioners of  the  district,  such  extension  being  indorsed  thereon  by  the 
said  board  and  a  record  thereof  filed  with  the  county  treasurer  of  Yolo 
county.  Said  warrants  may  also  thereafter  be  renewed  from  time  to 
time  in  the  same  manner. 

In  case  an  action  or  proceeding,  based  upon  any  warrant  or  connected 
therewith,  be  commenced  within  four  (4)  years  from  the  date  of  issu- 
ance of  such  warrant  and  final  judgment  be  obtained  in  favor  of  the 
owner  or  holder  thereof,  such  warrant  shall  be  paid  or  received  on  assess- 
ment in  like  manner  as  if  it  had  been  paid  or  received  on  assessment 


Act  977,  §  9  GENERAL  LAWS.  1076 

before  the  expiration  of  said  four  (4)  years  from  the  date  of  its  issuance. 
In  any  proceedings  for  a  writ  of  mandate  to  compel  the  board  of  drain- 
age commissioners  to  issue  a  warrant,  if  a  controversy  arises  as  to  the 
amount  that  may  be  due  to  the  plaintiff,  the  court  must  determine  the 
same  in  the  manner  provided  for  determining  controversies  in  other  civil 
actions  and  shall  cause  a  writ  to  issue  for  such  sum  as  may  be  found  to 
be  due.  At  any  time  after  the  issuance  of  a  warrant  the  holder  or  owner 
thereof  with  the  consent  of  the  board  of  drainage  commissioners  may 
surrender  the  said  warrant,  and  a  new  warrant  for  the  face  thereof  and 
accrued  interest  thereon  shall  thereupon  be  issued  to  the  owner  or  holder 
in  the  same  manner  as  the  original  warrant.  Whenever  there  shall  be 
sufficient  moneys  in  the  county  treasury  of  Yolo  county  to  the  credit  of 
said  drainage  district  to  pay  any  warrant  or  warrants  which  have  been 
registered  and  drawing  interest,  the  said  county  treasurer  must  give 
notice  by  a  written  notice  posted  in  a  conspicuous  place  in  his  office, 
stating  therein  that  he  is  ready  to  pay  such  warrants.  From  and  after 
the  date  of  posting  such  notice,  such  warrants  shall  cea«e  to  draw  interest. 

Issuance  of  bonds.     Election. 

§  9.  Whenever  in  said  Knight's  Landing  ridge  drainage  district  any 
assessment  has  been  levied  and  assessed  upon  the  lands  of  said  district, 
which  remains  unpaid  in  whole  or  in  part,  and  where  in  the  judgment 
and  opinion  of  the  board  of  drainage  commissioners  of  said  district  it 
would  be  for  the  best  interests  of  said  district  or  the  land  owners  therein 
to  issue  bonds  for  the  purpose  of  obtaining  money  to  pay  the  cost  of 
drainage,  the  indebtedness  of  the  district  or  any  other  legal  charge,  or 
when  a  petition  signed  by  the  owners  of  more  than  one-half  of  the  land 
in  the  district  is  filed  with  the  secretary  of  the  board,  the  board  of  drain- 
age commissioners  of  said  district  shall  by  ord<'r  entered  upon  the  records 
of  said  board  order  a  special  election  to  be  lieM  at  some  place  in  said 
district  to  be  designated  by  said  board  of  drainage  commissioners,  at 
which  said  special  election  shall  be  submitted  to  the  owners  of  land  in 
said  district  the  question  of  whetlier  or  not  bonds  of  said  district  shall 
be  issued  in  an  amount  equal  to  the  amount  of  such  indebtedness  or  the 
part  of  such  assessment  remaining  unpaid,  which  said  amount  shall  be 
entered  by  said  board  of  drainage  commissioners  in  its  records  and  stated 
by  them  in  the  order  for  such  special  election.  After  the  making  of 
such  order  no  part  of  the  assessment  or  assessments  so  designated  shall 
be  paid  until  after  said  election  shall  have  been  held,  and  if  the  vote 
of  said  election  shall  be  favorable  to  the  issuance  of  such  bonds,  said 
assessment  or  assessments  shall  be  paid  or  collected  only  when  demanded 
for  the  purpose  of  redeeming  said  bonds.  Notice  of  such  special  election 
must  be  given  by  said  board  of  drainage  commissioners  by  posting  notices 
thereof  in  at  least  three  public  places  in  the  district,  at  le.ist  twenty 
days  prior  thereto,  and  also  by  publication  for  the  same  length  of  time 
in  some  newspaper  of  general  circulation  published  in  each  of  said  coun- 
ties of  Yolo  and  Colusa,  and  such  notice  must  specify  the  time  and  place 


1077  DRAINAGE.  Act  977,  §  9 

of  holding  such  election,  the  amount  of  bonds  proposed  to  be  issued,  and 
the  names  of  three  landholders  of  the  district  to  act  as  a  board  of  elec- 
tion. Affidavits  of  publication  and  posting  of  such  notice  must  be  filed 
with  the  secretary  of  said  board  of  drainage  commissioners.  At  such 
election  each  owner  of  lands  in  the  district  shall  be  entitled  to  vote  in 
person  or  by  proxy,  and  shall  have  the  right  to  cast  one  vote  for  each 
dollar's  worth  of  real  estate  owned  by  him  in  the  district,  the  value 
thereof  to  be  determined  from  the  next  preceding  assessment-roll  of  the 
county  where  the  same  is  situated.  The  board  of  drainage  commissioners 
shall,  prior  to  the  election,  procure  from  the  assessor  of  the  said  counties 
of  Yolo  and  Colusa,  respectively,  a  list  certified  by  such  assessors,  respec- 
tively, containing  a  description  of  all  the  lands  of  the  district  situated 
in  such  county,  the  name  of  the  person  to  whom  such  tract  is  assessed 
and  the  value  thereof,  as  it  appears  from  the  last  prior  assessment-roll 
of  said  counties,  which  said  list  shall  be  furnished  to  and  be  used  by  the 
said  board  of  election  in  determining  the  number  of  votes  each  voter  is 
entitled  to  cast.  Executors,  administrators,  special  administrators  and 
guardians  may  cast  the  votes  of  the  estates  represented  by  them.  Where 
a  tract  of  land  is  situated  partly  within  and  partly  without  the  bound- 
aries of  such  district  and  the  assessment-roll  contains  a  valuation  of  said 
tract  of  land  as  a  whole,  the  same  must  be  apportioned  according  to  the 
number  of  acres  lying  within  and  without  the  boundaries  of  said  district. 
No  person  shall  vote  by  proxy  at  such  election  unless  authority  to  cast 
such  vote  shall  be  evidenced  by  an  instrument  in  writing  duh^  acknowl- 
edged and  certified  in  the  same  manner  as  grants  of  real  property  and 
filed  with  the  board  of  election.  The  ballots  cast  at  such  election  shall 
contain  the  words:  "Bonds — Yes,"  or  the  words:  "Bonds — No,"  and  also 
the  name  of  the  person  casting  the  ballot  with  the  number  of  votes  cast 
by  him.  A  list  of  the  ballots  cast  shall  be  made  by  the  board  of  election, 
containing  the  name  of  the  voter  and,  if  the  ballot  be  east  by  proxy,  the 
name  of  the  person  casting  it,  the  number  of  votes  cast  and  whether 
the  same  be  cast  for  or  against  the  issuing  of  the  bonds. 

If  the  persons,  or  any  of  them  appointed  and  specified  in  the  notice 
of  election  as  the  board  of  election  fail  to  attend  at  the  time  and  place 
appointed  for  the  election,  the  voters  present  at  the  time  for  opening 
the  polls  may  appoint  any  land  owner  of  the  district  then  present  to  fill 
the  place  of  any  absent  member  thereof.  Each  member  of  such  board 
of  election  must,  before  entering  upon  his  duties  as  such,  take  an  official 
oath  as  such  member  of  the  board  of  election,  which  said  oath  may  be 
administered  by  any  officer  authorized  to  administer  oaths  or  by  any 
land  owner  in  the  district.  The  polls  shall  be  kept  open  for  the  re- 
ception of  votes  from  10  o'clock  A.  M.  until  4  o'clock  P.  M.  At  the 
close  of  the  polls  the  board  of  election  shall  at  once  proceed  to  canvass 
the  votes  and  declare  the  result  and  shall  forward  a  certificate,  showing 
the  same  and  the  number  of  votes  cast  for  and  against  the  issuing  of 
bonds,  to  the  secretary  of  said  board  of  drainage  commissioners.  Any 
person  interested   may   contest   such   election   within  twenty   days   after 


Act  977,  §  9  GENERAL   LAWS.  1078 

the  result  thereof  has  been  declared  by  filing  a  complaint  in  the  superior 
court  of  the  county  of  Yolo,  and  if  no  contest  shall  be  commenced  within 
said  time,  the  declaration  of  the  result  by  the  board  of  electjon  shall  be 
final   and   conclusive. 

If  a  majority  of  the  votes  cast  at  such  election  are  in  favor  of  the 
issuance  of  bonds,  the  board  of  drainage  commissioners  of  said  district 
shall  cause  bonds  in  the  amount  stated  in  the  order  for  the  election  to  be 
executed  and  delivered  together  with  the  assessment  list,  to  the  treasurer 
of  the  county  of  Yolo.  Said  bonds  shall  be  of  the  denomination  of  not 
less  than  one  hundred  dollars  nor  more  than  one  thousand  dollars;  they 
shall  be  signed  by  the  president  of  the  board  of  drainage  commissioners 
of  said  district  and  attested  by  the  secretary  of  said  board,  and  shall 
be  numbered  consecutively  as  sold,  and  bear  date  at  the  time  of  their 
execution,  and  shall  bear  interest  at  such  rate  as  may  be  fixed  by  said 
board  of  drainage  commissioners,  but  not  to  exceed  the  rate  of  seven 
per  centum  per  annum,  payable  semi-annually  on  the  first  day  of  January 
and  the  first  day  of  July  in  each  year,  at  the  office  of  said  county 
treasurer  of  Yolo  county  upon  the  presentation  of  the  proper  coupons 
therefor.  If  any  coupon  shall  not  be  paid  when  presented  because  there 
are  no  funds,  said  county  treasurer  shall  indorse  such  coupon  "not  paid 
for  want  of  funds,"  and  thereafter  the  amount  due  on  such  coupons 
shall  bear  interest  at  the  rate  of  six  per  centum  per  annum,  compounded 
semi-annually.  Coupons  for  each  installment  of  interest  shall  be  at- 
tached to  said  bonds  and  shall  be  numbered  with  the  same  number  as  the 
bonds,  and  attested  by  the  facsimile  signature  of  the  secretary  of  said 
board.  The  principal  of  said  bonds  shall  be  payable  at  such  times  as 
said  board  of  drainage  commissioners  may  prescribe,  which  time  must  be 
expressed  in  said  bonds;  but  not  less  than  ten  per  centum  of  the  whole 
amount  of  bonds  issued,  according  to  their  consecutive  numbers,  shall 
be  paid  in  ten  years  from  the  date  of  their  issue,  and  no  less  than  five 
per  centum  thereof  each  succeeding  year  thereafter  until  all  are  paid. 
All  bonds  must  be  made  payable  either  on  the  first  day  of  July  or  the 
first  day  of  January.  If  any  bond  shall  not  be  presented  for  payment 
when  the  same  becomes  due,  it  shall  cease  to  draw  interest,  but,  if  pre- 
sented at  such  time  and  not  paid  for  want  of  funds,  the  said  county 
treasurer  shall  so  indorse  it  and  thereafter  such  bond  shall  draw  interest 
until  paid  at  said  rate  therein  provided,  until  funds  shall  have  been 
provided  for  its  payment,  which  bonds  shall  be  substantially  in  the  fol- 
lowing form: 
No.  

Knight's  Landing  ridge  drainage  district,  in  the  counties  of  Colusa 
and  Yolo,  state  of  California,  for  value  received,  promises  to  pay  the 
holder  hereof  at  the  otHce  of  the  treasurer  of  the  county  of  Yolo,  state 

of  California,   on   the   first  day  of  ,   19 — ,  the  sum   of  dollars, 

in  gold  coin  of  the  United  States  with  interest  in  like  gold  coin  at  the 

rate  of per  centum  per  annum,  payable  at  the  office  of  said  treasurer 

semi-annually  on  the   first   days  of  January  and  July  in   each  year,  on 


1079  DRAINAGE.  Act  977,  §  9 

presentation  and  surrender  of  the  interest  coupons  hereto  attached. 
This  bond  is  issued  by  authority  of  an  act  of  the  legislature  of  the  state 

of   California,   approved  ,   1913,   and   found   in   chapter  of   the 

statutes   of  the   state  of  California  for  the   year   1913,  and  pursuant  to 

an  election  held  in  said  drainage  district  on  the. day  of  ,  19 — , 

authorizing  its  issuance,  and  is  based  upon  an  assessment  levied  in  said 
district   and   filed   in   the   office   of  the   county   treasurer   of   said   county 

on  the  day  of  ,  19 — . 

In  testimony  vrhereof,  the  said  district,  by  its  board  of  drainage  com 
missioners,  has  caused  this  bond  to  be  signed  by  the  president  of  said 

board,  and  attested  by  the  secretary  of  said  board,  this day  of , 

19—. 

> 
President  of  said  board. 
Attest: 

» 
Secretary  of  said  board.  ' 

And  the  interest  coupons  shall  be  in  substantially  the  following  form: 
"No.  

The  treasurer  of  the  county  of  Yolo,  state  of  California,  vt'ill  pay  the 

holder  hereof,  on  the  day  of  ,  19 — ,  at  his  office  in  the  town  of 

Woodland,   county   of  Yolo,  state   of   California,  dollars,   gold   coin, 

out  of  the  funds  of  Knight's  Landing  ridge  drainage  district  for  interest 
on  bond  numbered  of  said  district. 

Attest: 

Secretary  of  the  board  of  drainage  commissioners 
of  Knight's  Landing  ridge  drainage  district." 
The  treasurer  of  said  county  of  Yolo  shall  place  the  bonds  prepared 
pursuant  to  this  act  to  the  credit  of  said  district  and  shall,  when  directed 
by  the  board  of  drainage  commissioners  of  the  district,  sell  any  of  said 
bonds  for  the  best  price  obtainable  therefor.  Before  making  a  sale  of 
said  bonds,  notice  shall  be  given  by  said  county  treasurer  that  he  will 
sell  a  specified  amount  of  said  bonds,  and  stating  the  day,  hour  and  place 
of  such  sale.  Such  notice  shall  state  that  sealed  proposals  will  be  re- 
ceived by  him  for  the  purchase  of  said  bonds  or  any  part  thereof  till 
the  day  and  hour  named  in  the  notice.  Such  notice  shall  be  given  at 
least  twenty  days  before  such  sale,  by  publication  in  a  newspaper  of 
general  circulation  published  in  the  eo\inty  of  Yolo,  and  in  such  other 
newspaper  or  newspapers  as  the  board  of  drainage  commissioners  may 
designate.  At  the  time  appointed  said  county  treasurer  and  board  of 
drainage  commissioners  shall  open  the  bids  and  award  the  purchase  of 
the  bonds  to  the  highest  and  best  responsible  bidder.  Said  board  may 
reject  any  and  all  bids.  In  case  no  bid  is  received  and  accepted,  as 
herein  provided,  or  a  sufficient  amount  of  bonds  shall  not  be  sold  to 
carry  on  the  work  of  construction  as  contemplated,  the  board  of  drainage 


Act  977,  §  9  GENERAL   LAWS.  1080 

commissioners  of  said  district  may  enter  into  and  make  contracts  for 
constructing  the  drainage  works  of  said  district,  jiayable  in  said  bonds, 
at  par,  and  may  use  such  bonds  in  payment  for  labor  or  services  per- 
formed for,  or  materials  or  property  furnished  to,  said  district,  for  the 
purpose  of  constructing  the  drainage  works  thereof  and  the  expenses 
necessarily  incident  thereto;  and  in  making  such  payments  in  bonds, 
the  board  of  drainage  commissioners  of  said  district  may  draw  orders 
upon  said  county  treasurer,  payable  in  bonds,  to  the  amount  therein 
named,  for  such  labor,  materials  or  services  so  rendered,  which  order 
shall  thereafter  be  paid  with  bonds  at  par  by  said  county  treasurer,  upon 
presentation,  to  the  amount  therein  provided  for,  if  such  bonds  then  re- 
maining in  the  treasury  be  suflBcient  to  pay  the  same.  Any  money  de- 
rived from  the  sale  of  said  bonds  by  said  county  treasurer  shall  be 
placed  in  the  treasury  of  the  county  of  Yolo  to  the  credit  of  said  dis- 
trict and  a  proper  record  of  such  transaction  shall  be  placed  upon  the 
books  of  said  county  treasurer.  The  board  of  drainage  commissioners  of 
said  district  may  draw  orders  upon  the  said  county  treasurer  to  pay  any 
legal  charge  against  said  district  out  of  the  funds  provided  by  sale  of 
said  bonds,  which  orders  must  be  paid  by  said  county  treasurer  out 
of  any  money,  excepting  the  bond  redemption  fund,  then  remaining  in 
said  treasury  to  the  credit  of  said  district,  and  no  order  upon  the  said 
county  treasurer  shall  be  issued  by  the  board  of  drainage  commissioners 
unless  there  are  sufficient  funils  in  said  treasury  to  the  credit  of  said 
district  to  pay  said  order.  The  principal  of  said  bonds  and  the  interest 
thereon  shall  be  paid  by  revenue  derived  as  follows:  Ninety  days  before 
any  sum  or  sums  shall  become  due  or  payable  on  account  of  the  prin- 
cipal or  interest  or  both  of  said  bonds,  the  board  of  drainage  commis- 
sioners of  the  district  shall  direct  that  such  installment  of  the  assess- 
ment theretofore  levied  on  the  lands  of  said  district  and  upon  which 
the  bonds  were  issued,  as  may  be  necessary  to  pay  the  same,  shall  be 
collected  in  the  manner  hereinabove  provided  and  paid  into  the  county 
treasury  to  the  credit  of  the  bond  fund  of  said  district.  Should  default 
be  made  in  the  payment  of  any  such  installment  hereinbefore  provided 
for,  or  any  part  thereof,  the  same  shall  be  collected  in  the  manner 
provided  for  by  law,  and  the  laws  providing  for  the  collection  of  reclama- 
tion assessments,  or  for  installments  thereof,  are  hereby  made  applicable 
to  and  available  for  the  collection  of  the  installments  herein  provideil 
for.  No  part  of  the  money  collected  upon  the  assessment  or  assess- 
ments, for  which  said  bonds  were  issued,  shall  be  used  for  any  purpose 
other  than  the  payment  of  the  principal  and  interest  of  said  bonds,  and 
all  sums  received  by  the  treasurer  from  said  assessments  shall  be  set 
apart  as  a  separate  fund  to  be  known  as  the  bond  fund  for  the  payment 
of  said  bonds  and  the  interest  thereon,  such  payments  must  be  made 
upon  the  principal  of  said  bonds  in  the  order  of  their  maturity. 

All  sums  to  be  paid  to  the  treasurer  of  any  county,  other  than  the 
treasurer  of  the  county  in  which  the  greater  part  of  said  district  is 
situated,  shall  immediately  be  paid  by  said  treasurer  to  the  treasurer 


1081  DRAINAGE.  Act  977,  §  10 

of  the  county  in  -which  the  greater  part  of  the  district  is  situated,  who 
^hall  place  the  same  to  the  credit  of  the  district,  as  hereinabove  provided. 
Upon  a  sale  of  any  of  said  bonds,  said  county  treasurer  is  hereby  au- 
thorized to  accept  valid  outstanding  warrants  of  such  district,  with  the 
accrued  interest  thereon,  in  payment  for  said  bonds.  No  county  as- 
sessor, tax  collector,  auditor  or  clerk  shall  receive  any  fee  for  any  ser- 
vice required  to  be  performed  by  them  under  the  provisions  of  this  act. 
All  expenses  necessarily  incurred  in  carrying  out  the  provisions  of  this 
act  shall  be  paid  out  of  any  funds  in  the  county  treasury,  excepting 
the  bond  fund,  to  the  credit  of  said  district,  upon  the  order  of  the  board 
of  drainage  commissioners  of  said  district.  The  bonds  of  said  Knight's 
Landing  ridge  drainage  district,  issued  pursuant  to  this  act,  may  be 
lawfully  purchased  or  received  in  pledge  for  loans  by  banks,  trust  com- 
panies, guardians,  executors,  administrators  and  special  administrators, 
or  by  any  public  officer  or  officers  of  this  state,  or  of  any  county,  city, 
or  city  and  county,  or  other  municipal  or  corporate  body  within  this  state 
having  or  holding  funds  which  they  are  allowed  by  law  to  invest  or  loan. 
If  the  assessment  in  said  district,  upon  which  bonds  may  have  been 
issued,  proves  inadequate  to  provide  funds  to  pay  the  principal  and  in- 
terest of  said  bonds  in  full,  or  if  any  deficiency  arises,  another  assess- 
ment must  be  made  upon  the  lauds  in  such  district  sufficient  to  pay  such 
deficiency  and  assessments  must  be  made  from  time  to  time  to  meet  any 
deficiency  arising  in  the  payment  of  such  bonds.  If  the  drainage  com- 
missioners deem  it  advisable,  they  may  order  a  special  election  to  be 
held  prior  to  the  making  of  an  assessment,  to  determine  whether  or  not 
bonds  shall  be  issued  for  an  amount  to  be  stated  in  the  order  for  such 
election,  but  no  bonds  shall,  in  such  instance,  be  issued  until  an  assess- 
ment for  the  amount  of  the  bonds  authorized  at  such  election  shall  have 
been  made  and  filed  with  the  county  treasurer.  If  the  authority  to  issue 
bonds  shall  be  determined  at  such  special  election  held  prior  to  making 
the  assessment,  the  bonds  may  be  issued  for  the  amount  of  the  assess- 
■nent  remaining  unpaid  after  the  lists  are  returned  to  the  board  of 
drainage  commissioners  by  the  county  treasurers  of  the  respective  coun- 
ties, or  for  any  less  sum.  Should,  at  any  time,  the  amounts  realized 
from  the  sale  of  bonds  be  inadequate  to  pay  the  cost  of  the  works  re- 
quired by  the  plans  of  drainage,  then  the  said  board  of  drainage  com- 
missioners may  dispense  with  the  further  sale  of  bonds  and  proceed  to 
collect  the  unpaid  assessments  in  installments  as  hereinbefore  provided 
in  this  act. 

Districts  not  interfered  with. 

§  10.  Nothing  in  this  act  shall  be  construed  to  in  any  way  authorize 
or  empower  said  board  of  drainage  commissioners  to  in  any  way  inter- 
fere with  the  management  or  control  of  reclamation  districts  Nos.  108, 
730  and  7S7,  or  any  other  reclamation  districts  situate  within  the  bound- 
aries of  said  district,  or  to  supersede  the  powers  of  such  districts. 


Act  977,  §§  11,  12  GENERAL   LAWS.  1082 

Should  reclamation  board  be  abolished. 

§  IL  In  case  the  reclamation  board  shall  at  any  time  be  abolished 
by  the  repeal  of  the  act  creating  the  same,  or  in  any  other  way,  or  in 
case  said  reclamation  board  shall  for  any  reason  be  unable  to  act  under 
the  powers  and  duties  conferred  and  required  of  it  by  this  act,  all 
powers  and  duties  vested  in  it  by  this  act  shall  be  vested  in  the  board 
of  drainage  commissioners  of  said  Knight's  Landing  ridge  drainage  dis- 
trict, except  that  as  to  the  first  election  provided  in  section  3  hereof 
for  five  commissioners  to  be  held  forty  days  after  this  act  goes  into 
effect,  the  .board  of  supervisors  of  Yolo  county  shall  have  jurisdiction 
and  perform  all   acts  and  duties   enjoined  on  said  reclamation  board. 

Validity  of  bonds.     Costs. 

§  12.  The  board  of  drainage  commissioners  may,  at  any  time  after 
the  issue  of  any  bonds  or  the  levy  of  any  assessment  herein  provided 
for,  bring  an  action  in  the  superior  court  of  the  county  of  Yolo,  to  de- 
termine the  validity  of  any  such  bonds  of  such  levy  of  assessments; 
such  action  shall  be  in  the  nature  of  a  proceeding  in  rem,  and  juris- 
diction of  all  parties  interested  may  be  had  by  publication  of  summons 
at  least  once  a  week  for  three  weeks  in  some  newspaiM?r  of  general 
circulation  published  in  said  county  of  Yolo,  such  paper  to  be  desig- 
nated by  the  court  having  jurisdiction  of  the  proceedings.  Jurisdiction 
shall  be  complete  within  ten  days  after  the  full  publication  of  such 
summons  in  the  manner  herein  provided.  Anyone  interested  may  at  any 
time  before  the  expiration  of  said  ten  days  appear  and  by  proper  pro- 
ceedings contest  the  validity  of  such  bonds  or  assessments.  Such  action 
shall  be  speedily  tried  and  judgment  rendered  declaring  such  matter  so 
contested  either  valid  or  invalid.  Either  party  may  have  the  right  to 
appeal  to  the  supreme  court  at  any  time  within  thirty  days  after  the 
rendition  of  such  judgment,  which  appeal  must  be  heard  and  determined 
within  three  months  from  the  time  of  taking  such  apj.eal.  If  no  such 
proceeding  shall  have  been  brought  by  the  board  of  drainage  commis- 
sioners, then,  at  any  time  within  thirty  days  after  the  levy  of  any 
assessment  or  issue  of  bonds  under  the  provisions  of  this  act,  any  district 
assessment  payer  may  bring  an  action  in  the  superior  court  of  the  county 
of  Yolo,  to  determine  the  validity  of  any  such  assessment  or  such  bonds. 
The  board  of  drainage  commissioners  shall  be  made  parties  defendant 
and  service  of  summons  shall  be  made  on  the  members  of  the  board 
personally.  Said  board  shall  have  the  right  to  appear  and  contest  such 
action.  Such  action  shall  be  speedily  tried,  with  right  of  appeal,  to 
either  pkrty  within  the  time  and  manner  herein  provided  for  the  bring- 
ing of  actions  by  the  board  of  drainage  commissioners  to  determine 
such  matters.  Such  appeal  shall  be  heard  and  determined  in  the  man- 
ner and  within  the  time  therein  provided.  If  more  than  one  action  shall 
be  pending  at  the  same  time  concerning  similar  contests  in  this  act 
provided  for,  they  shall  be  consolidated  and  tried  together.  The  court 
hearing  any  of  the  contests  herein  provided  for,  in  inquiring  into   the 


1083  ELECTIONS.  Acts  979-1009 

ref^ilarity,  legality,  or  correctness  of  such  proceedings,  must  disregard 
any  error,  irregularity,  or  omission  which  does  not  affect  the  substantial 
rights  of  the  parties  to  said  action  or  proceeding.  The  rules  of  pleading 
and  practice  provided  by  the  Code  of  Civil  Procedure,  v\-hich  are  not  in- 
consistent with  the  provisions  of  this  act,  are  applicable  to  all  actions 
or  proceedings  herein  provided  for.  The  motion  for  a  new  trial  of  any 
such  action  or  proceeding  must  be  heard  and  determined  within  ten  days 
from  the  filing  of  the  notice  of  intention.  The  costs  of  any  hearing, 
or  contest  herein  provided  for,  may  be  allowed  and  apportioned  between 
the  parties,  or  taxed  to  the  losing  party,  in  the  discretion  of  the  court. 
No  contest  of  any  thing  or  matter  herein  provided  shall  be  made  other 
than  within  the  time  and  manner  herein  specified. 

§  13.     All  acts  and  parts  of  acts  inconsistent-  with  the  provisions  of 
this  act  are  hereby  repealed. 

ACT  979. 

An  act  to  create  a  drainage  district  to  be  called  "Sacramento  drainage 
district,"  to  promote  drainage  therein;  to  provide  for  the  election 
ahd  appointment  of  officers  of  said  drainage  district;  defining  the 
powers,  duties  and  compensation  of  such  officers  and  providing  for 
the  creation,  division  and  management  of  reclamation,  swamp  land, 
levee  drainage  and  protection  districts  within  said  Sacramento  drain- 
age district,  and  providing  for  levying  and  collecting  assessments 
upon  the  lands  within  said  drainage  district.  [Stats.  1905,  p.  443.] 
Amended  1907,  pp.  736,  903;  repealed  1911,  p.  5. 

ACT  980. 

Citations.     Cal.  155/147. 

TITLE  147. 

ELECTIONS. 

ACT  1009. 

An  act  to  provide  for  and  regulate  primary  elections,  and  providing  the 
method  whereby  electors  of  political  parties  may  express  their  choice 
at  such  primary  elections  for  United  States  senator,  and  to  repeal 
an  act  entitled  an  act  to  provide  for  and  regulate  primary  elections, 
and  providing  the  method  whereby  electors  of  political  parties  may 
express  their  choice  at  such  primary  elections  for  United  States 
senator,  approved  March  24,  1909.  [Approved  April  7,  1911;  Stats. 
1911,  p.  769.]     ' 

Amended  Stats.  Ex.  Sess.  1911,  p.  66. 

Repealed  June   16,   1913;      Stats.    1913,   p.    1413.      See   post.    Act    1010. 
Citations.      App.   16/728,    729;    18/716,    717,    718,    720;     (subd.    D    of    subd. 
5,    §   5)    16/727,   728;    (subd.   6,    §   5)    16/724. 


Act  1010,  §  1  GENERAL   LAWS.  108-1 

ACT  1010. 

An  act  to  provide  for  and  regulate  primary  elections,  and  providing  a 
method  for  choosing  the  delegates  for  political  parties  to  state 
conventions  and  for  nominating  electors  of  President  and  Vice- 
President  of  the  United  States,  and  providing  for  the  election  of 
party  county  central  committees,  and  to  repeal  the  act  approved 
April  7,  1911,  known  as  the  direct  primary  law,  and  also  to  repeal 
the  act  approved  December  24,  1911,  amending  sections  1,  3,  5,  7, 
10,  12,  13,  22,  23,  and  24  of  the  said  direct  primary  law,  and  also 
to  repeal  all  other  acts  or  parts  of  acts  inconsistent  with  or  in  con 
flict  with  the  provisions  of  this  act. 

[Approved  June   16,   1913.     Stats.    1913,  p.    1379.] 

Definitions.     Qualification   as  political  party.     CoBStruction  of  act.     In 
counties  having  registrar. 
§  1.     Words  and  phrases  where  used  in  this  act  shall,  unless  such  con- 
Btruetion  be  inconsistent  with  the  context,  be  construed  as  follows: 

1.  The  words  "primary  election,"  any  and  every  primary  nominating 
election  provided  for  by  this  act. 

2.  The  words  "August  primary  election,"  the  primary  election  held 
in  August  to  nominate  candidates  to  be  voted  for  at  the  ensuing  No- 
vember election  or  to  elect  members  of  a  party  central  committee  or 
delegates  to  a  party  convention. 

3.  The  words  "May  presidential  primary  election"  any  such  primary 
election,  held  in  May  of  each  year  of  the  general  November  election 
at  which  electors  of  President  and  Vice-President  of  the  United  States 
are  to  be  chosen,  as  shall  provide  for  the  indication  of  preference  in 
the  several  political  parties  for  party  candidates  for  President  of  the 
United  States  through  the  election  of  delegates  to  national  party  con- 
ventions. 

4.  The  word  "election,"  a  general  state,  county,  city  or  city  and  county 
election  as  distinguished  from  a  primary  election. 

5.  The  words  "November  election,"  either  the  presidential  election, 
or  the  general  state,  county,  or  city  and  county  election  held  in  No- 
vember of  each  even  numbered  year. 

6.  The  words  "judicial  officer,"  any  justice  of  the  supreme  court,  jus- 
tice of  a  district  court  of  appeal,  judge  of  the  superior  court,  justice 
of  the  peace,  or  justice  of  such  inferior  court  as  the  legislature  may 
establish  in  any  county,  township,  incorporated  city  or  town,  or  city 
and  county;  and  the  words  "judicial  office,"  the  office  filled  by  any  of 
the  above  judicial  officers.  • 

7.  The  words  "school  officer,"  the  superintendent  of  public  instruc- 
tion and  the  superintendent  of  schools  of  a  county  or  city  and  county; 
and  the  words  "school  office,"  the  office  filled  by  any  of  the  above  school 
officers. 

8.  The  words  "county  officer,"  any  officer  elected  within  the  bound- 
aries of  any  county  or  city  and  county,  except  a  member  of  the  state 


1085  ELECTIONS.  Act  1010,  §  1 

senate  or  assembly  or  a  member  of  the  house  of  representatives  of  the  con- 
gress of  the  United  States  or  a  member  of  any  party  county  central  com- 
mittee or  delegate  to  a  state  convention  from  a  hold-over  senatorial 
district;  and  the  words  "county  oflfiee,"  the  office  filled  by  any  county 
officer.  The  words  "township  officer,"  any  such  county  officer  as  is  elected 
within  the  boundaries  of  any  judicial  township  that  is  now  or  may  be  here- 
after provided  by  law;  and  the  words  "township  office,"  the  office  filled 
by  any  township  officer. 

9.  The  word  or  words  "political  party,"  "party,"  "political  organization," 
or  "organization,"  a  jjolitical  party  or  organization  of  electors  which 
has  qualified,  as  hereinafter  provided,  for  participation  in  any  primary 
election;  and  such  party  or  organization  shall  be  deemed  to  have  so  qual- 
ified when  any  one  or  more  of  the  three  following  conditions  have 
been  complied  with: 

a.  If  at  the  last  preceding  November  election  there  was  polled  for 
any  one  of  its  candidates  who  was  the  candidate  of  such  party  only 
for  any  office  voted  on  throughout  the  state,  at  least  three  per  cent 
of  the  entire  vote  of  the  state,  or  for  any  one  of  its  candidates  who  was 
the  joint  candidate  of  such  party  and  any  other  party  for  any  office  voted 
on  throughout  the  state,  at  least  six  per  cent  of  the  entire  vote  of  the 
state;   or 

b.  If  on  or  before  a  date  which  shall  be  the  fiftieth  day  before  any 
primary  election,  there  shall  have  registered  within  the  state,  as  in- 
tending to  affiliate  with  such  party  or  organization  as  shall  have  been 
designated  in  their  affidavits  of  registratioii,  qualified  electors  equal 
in  number  to  at  least  three  per  cent  of  the  total  number  of  electors 
registered  throughout  the  state  for  the  last  preceding  November  elec- 
tion; the  number  of  such  registered  qualified  electors  to  be  determined 
by  the  secretary  of  state  from  the  statements  transmitted  to  him  as 
required  by  subdivision  1  of  section  4  of  this  act;  or 

c.  If  on  or  before  a  date  which  shall  be  the  fiftieth  day  before  any 
primary  election,  there  shall  be  filed  with  the  secretary  of  state  a  peti- 
tion signed  by  registered  qualified  electors  of  the  state,  whether  reg- 
istered as  intending  to  affiliate  with  any  political  party  or  not,  equal 
in  number  to  at  least  three  per  cent  of  the  entire  vote  of  the  state  at 
the  last  preceding  November  election,  declaring  that  they  represent 
a  political  party  or  organization  the  name  of  which  shall  be  stated 
therein,  which  party  said  electors  desire  to  have  participate  in  such 
primary  election;  such  petition  to  be  circulated,  signed,  and  the  signa- 
tures thereon  of  the  registered  electors  certified  to  and  transmitted 
to  the  secretary  of  state  by  the  county  clerks  substantially  as  pro- 
vided in  section  5  of  this  act,  for  the  circulation,  signing,  certification, 
and  transmission  of  nomination  papers  for  state  officers;  providing, 
however,  that  no  electors  or  organization  of  electors  shall  assume  a 
party  name  or  designation  which  shall  be  so  similar  to  the  name  of 
an  existing  party  or  organization  as  to  mislead  Toterg. 


Act  1010,  §§  2,  3  -GENERAL   LAWS.  1086 

This  statute  shall  be  liberally  construed,  so  that  the  real  will  of  the 
electors  shall  not  be  defeated  by  any  informality  or  failure  to  comply 
with  all  the  provisions  of  law  in  respect  to  either  the  giving  of  any 
notice,  or  the  conducting  of  the  primary  election  or  certifying  the  results 
thereof. 

In  each  county  and  city  and  county  in  this  state,  having  a  registrar 
of  voters  or  registrar  of  voters  and  a  board  of  election  commissioners, 
the  powers  conferred  and  the  duties  imposed  in  this  statute  upon  a 
county  clerk  and  his  deputies,  and  other  oflBcers,  in  relation  to  matters 
of  election  and  polling  places,  shall  be  exercised  and  performed  by  suth 
registrar  of  voters  or  his  deputies,  or  registrar  of  voters  or  his  deputies 
and  board  of  election  commissioners;  and  all  nominating  papers,  lis^t 
of  candidates,  expenses,  and  oaths  of  office,  required  by  this  statute  to 
be  made  to  county  clerks,  shall  be  filed  with  the  registrar  of  voters. 

Nomination  of  candidates. 

§  2.  All  candidates  nominated  at  a  primary  election  for  elective 
public  offices  shall  be  nominated  by  direct  vote  at  such  election  held 
in  accordance  with  the  provisions  of  this  act;  provided,  that  electors 
of  President  and  Vice-President  of  the  United  States  shall  be  nomi- 
nated as  provided  in  subdivision  2  of  section  24  of  this  act.  Party 
candidates  for  the  office  of  United  States  senator  shall  have  their 
names  placed  on  the  official  primary  election  ballots  of  their  respective 
parties  and  shall  be  in  all  respects  nominated  in  the  manner  herein 
provided  for  state  officers.  This  act  shall  not  apply  to  special  elec- 
tions to  fill  vacancies;  nor  to  the  nomination  of  officers  of  municipalities, 
counties,  or  cities  and  counties  whose  charters  provide  a  system  for 
nominating  candidates  for  such  officers;  nor  the  nomination  of  officers 
for  any  district  not  formed  for  municipal  purposes;  nor  to  the  nomi- 
nation of  freeholders  to  be  elected  for  the  purpose  of  framing  a  char- 
ter; nor  to  the  nomination  of  officers  for  cities  of  the  sixth  class;  nor 
to  the  nomination  of  school  district  offi'?er8. 

August  primary.     Legal  holidays. 

§  3.  The  'August  primary  election  shall  be  held  at  the  legally  des- 
ignated polling  places  in  each  precinct  on  the  last  Tuesday  in  August, 
for  the  nomination  of  all  candidates  to  be  voted  for  at  the  ensuing 
November  election.  The  day  of  the  August  primary  election  and  the 
day  of  the  May  presidential  primary  election  are  hereby  declared  to 
be  holidays  within  the  meaning  of  section  10  of  the  Political  Code. 
Any  person  entitled  to  vote  at  such  August  or  May  primary  elections 
shall,  on  the  day  of  such  election,  be  entitled  to  absent  himself  from 
any  service  or  employment  in  which  he  is  then  engaged  or  employed, 
for  the  period  of  two  consecutive  hours,  between  the  time  of  opening 
and  the  time  of  closing  the  polls;  and  such  voter  shall  not,  because 
of  so  absenting  himself,  be  liable  to  any  penalty,  nor  shall  any  deduction 
be  made,  on  account  of  such  absence,  from  his  usual  salary  or  wages. 


1087  ELECTIONS.  Act  1010,  §  4 

Any  primary  election  other  than  the  August  primary  election,  or  May 
presidential  primary  election  shall  be  held  on  Tuesday,  three  weeks 
next  preceding  the  election  for  which  such  primary  election  is  held. 

Statement  of  electors  registered.   .Notice  of  offices. 

§  4.  1.  On  the  first  Monday  in  February,  on  the  Monday  which  is 
the  fiftieth  day  before  the  first  Tuesday  in  May,  on  the  first  Monday 
in  June,  and  on  the  Monday  which  is  the  fiftieth  day  before  the  last 
Tuesday  in  August,  in  each  even-numbered  year,  the  county  clerk  or 
registrar  of  voters  of  each  county  or  city  and  county  shall  transmit 
a  statement  to  the  secretary  of  state  of  the  total  number  of  electors 
registered  in  his  county  since  the  first  day  of  January  next  preceding, 
together  with  the  number  so  registered  under  each  of  the  several  po- 
litical affiliations,  and  also  the  number  declining  or  failing  to  declare 
such  affiliation.  '  At  least  forty  days  before  the  time  of  holding  the 
August  primary  election  in  1914  and  biennially  thereafter,  the  sec- 
retary of  state  shall  prepare  and  transmit  to  each  county  clerk  and  to 
the  registrar  of  voters  in  any  city  and  county  a  notice  in  writing  des- 
ignating the  officers  for  which  candidates  are  to  be  nominated  at  such 
primary  election,  together  with  the  names  of  the  political  parties  quali- 
fied to  participate  in  such  election. 

Publication  of  notice. 

2.  Within  ten  days  after  receipt  of  such  notice  such  county  clerk  or 
registrar  of  voters  in  any  city  and  county  shall  publish  once  in  each 
week  for  two  successive  weeks  in  not  more  than  two  newspapers  pub- 
lished in  such  county  or  city  and  county  so  much  thereof  as  may  be 
applicable  to  his  county,  including  a  statement  of  the  number  of  mem- 
bers of  the  county  central  committee  to  be  elected  by  each  political 
party  in  each  supervisorial  or  assembly  district,  as  the  case  may  be, 
according  to  the  provisions  of  subdivision  4  of  section  24  of  this  act. 

Publication  of  notice.     August  primary. 

3.  In  the  case  of  August  primary  elections  for  the  nomination  of 
candidates  for  city  or  city  and  county  officers  to  be  voted  for  at  the 
November  election  in  the  odd-numbered  years,  the  city  clerk  or  secre- 
tary of  the  legislative  body  in  any  such  city  or  the  registrar  of  voters 
in  any  such  city  and  county  shall  cause  the  publication  of  notice  of 
such  primary  election,  together  with  a  complete  statement  of  the  offices 
for  which  candidates  are  to  be  nominated,  once  in  each  week  for  two 
successive  weeks  in  not  more  than  two  newspapers  of  general  circula- 
tion published  in  such  city  or  city  and  county,  the  last  publication  to 
be  made  not  more  than  forty  and  not  less  than  fourteen  days  before  such 
primary  election. 

Publication  of  notice  of  other  primaries. 

4.  In  the  case  of  primary  elections  other  than  the  August  primary 
elections  the  city  clerk  or  secretary  of  the  legislative  body  of  the 
political    subdivision    for    which    such    primary    election    shall    be    held 


Act  1010,  §  5  GENERAL  LAWS.  1038 

shall  cause  one  publication  of  such  notice  to  be  given,  such  publication 
to  be  not  more  than  forty  and  not  less  than  fourteen  days  before  such 
primary  election. 

Method  of  getting  name  on  ballot. 

§  5.  1.  The  name  of  no  candidate  shall  be  printed  on  an  official  bal- 
lot to  be  used  at  any  primary  election  unless  at  least  forty  daj-s  prior 
to  the  primary  election,  if  the  candidate  is  to  be  voted  for  at  the 
August  primary  election  or  the  May  presidential  primary  election,  and 
at  least  twenty  days  prior  to  the  primary  election,  if  the  candidate  is 
to  be  voted  for  at  a  primary  election  other  than  the  August  or  May 
primary  election,  a  nomination  paper  shall  have  been  filed  in  his  be- 
half as  hereinafter  provided  by  this  act. 

Verification  deputies.     Form  of  document.     Additional  deputies. 

2.  (a)  The  candidate  may  appoint  verification  deputies  to  serve 
within  the  county  or  city  and  county  in  which  such  deputies  reside  in 
securing  signatures  to  his  nomination  paper  for  nomination  to  the 
office  for  which  he  is  a  candidate,  and  the  verification  deputies  thus 
appointed  shall  be  recognized  as  the  duly  authorized  verification  dep- 
uties to  secure  signatures  to  the  nomination  paper  of  such  candidate 
in  such  county  or  city  and  county.  The  document  in  which  such  veri- 
fication deputies  are  appointed  as  herein  provided  shall  be  filed  with  the 
county  clerk  of  the  county  or  city  and  county  in  which  such  verifica- 
tion deputies  reside,  at  or  before  the  time  the  nomination  paper  of  the 
candidate  is  left  with  the  county  clerk  for  filing  or  for  examination 
as  provided  in  subdivision  4  of  this  section.  Said  document  shall  be 
in  substantially  the  following  form: 

I,    the   undersigned,   a    candidate   for   the  party   nomination    for 

the   office  of  ,   which   nomination   is   to   be   made   by   direct   vote   at 

a   primary   election   to   be    held    on    the   day    of   August.    19 — ,    do 

hereby  appoint  the  following  registered  qualified  electors  of  the  county 

of  ,  as  verification  deputies  to  obtain  signatures   in   said   county  to 

a  nomination  paper  placing  me  in  nomination  as  a  candidate  of  said 
party  for  said  office  of  . 

Verification  Deputies. 
Names.  Besidence. 


etc.  etc. 

(Signature)  

(Residence)  


1089  ELECTIONS.  Act  1010,  §  5 

Filed  in  the  office  of  the  county  clerk  of county  this  day  of 

,  19-, 

■ ,   County   Clerk. 

By ,  Deputy. 

In  case  it  is  desired  to  appoint  additional  verification  deputies  to 
secure  signatures  to  the  nomination  paper  of  such  candidate,  one  or 
more  similar  documents  may  be  filed  to  supplement  the  first  document. 
When  the  office  for  which  the  candidate  is  proposed  is  a  judicial  office, 

school   office,   county   office,   or   township   office,   the   words   " party," 

and  the  words  "of  said  party,"  shall  be  omitted  from  said  docu- 
ment. Or,  as  an  alternative  to  the  foregoing  portion  of  this  section 
and  subdivision,  verification  deputies  may  be  appointed  in  behalf  of  a 
candidate  as  follows: 

Five  electors  may  propose  candidate.     Consent  of  candidate.     Form  of 
document.     Additional  deputies. 

(b)  Any  five  qualified  electors  of  any  county  or  city  and  county  who 
are  registered  as  intending  to  affiliate  with  the  same  political  party  may 
join  in  proposing  a  candidate  of  such  party  for  nomination  to  any 
office  to  be  voted  on  in  such  county  or  city  and  county  at  the  next 
ensuing  primary  election,  and  in  appointing  verification  deputies  to 
serve  within  such  county  or  city  and  county  in  securing  signatures  to 
the  nomination  paper  of  such  candidate  for  such  office.  If  the  office  is 
an  office  the  candidate  for  which  is  to  be  voted  on  in  more  than  one 
county,  he  may  be  proposed  for  nomination  as  herein  provided  by  five 
of  the  registered  qualified  electors  in  each  of  the  counties  in  which 
such  electors  may  desire  to  circulate  a  nomination  paper  in  his  behalf. 
The  signatures  of  the  said  five  qualified  electors  shall  be  verified  free 
of  charge  before  any  officer  authorized  to  administer  an  oath,  and  the 
document  containing  such  signatures  shall  be  filed  with  the  county  clerk 
of  the  county  or  city  and  county  in  which  said  five  qualified  electors 
reside,  at  or  before  the  time  the  nomination  paper  of  the  candidate  is 
left  with  the  county  clerk  or  regi&trar  of  voters  for  filing  or  for  exam- 
ination as  provided  in  subdivision  4  of  this  section.  In  said  document 
the  five  signers  shall  make  affidavit  that  the  candidate  therein  named 
for  the  office  therein  specified  has  given  his  consent  to  be  thus  proposed 
for  nomination  to  such  office,  and  shall  also  state  that  the  verification 
deputies  therein  appointed  are  duly  registered  qualified  electors  of  said 
county  or  city  and  county;  and  the  verification  deputies  therein  ap- 
pointed shall  be  recognized  as  the  duly  authorized  verification  deputies 
to  secure  signatures  to  the  nomination  paper  of  such  candidate  in  such 
county  or  city  and  county.  Said  document  shall  be  substantially  in  the 
following  form: 
69 


Act  1010,  §  5  GENERAL   LAWS.  1090 

State  of  California, 

County  of  ,  — ss. 

We,  the  undersigned,  do  solemnly  swear  (or  affirm)  that  we  are  each 

qualified   electors   of   the   county   of  ,   state   of   California,   and   that 

we  are  each  registered  as  intending  to  affiliate  with  the party;  and  we 

do  hereby  propose ,  who  resides  (at  No.  ,  street  in  the  city 

of)  or    (in    the   town    of ,  county  of ),  as    a    candidate    for  the 

nomination  of  such  party  for  the  office  of  ,  to  be  voted  for  at  the 

primary  election  to  be  held  on  the  day  of  August,   19 — ;    and  we 

do   solemnly    swear    (or    affirm)    that    said    has    consented    to    this 

proposal  of  his  name  as  candidate  for  the  nomination  for  said  office. 
We  hereby  appoint  the  following  registered  qualified  electors  of  this 
county  as  verification  deputies  to  obtain  signatures  in  this  county  to  the 
nomination  paper  of  said  to  said  office  of  . 

Verification  Deputies. 
Names.  Besidence. 


etc.  •  etc. 

(Signed) 

Names.  Besidence. 


Subscribed  and  sworn  to  before  me  this  day  of  ,   10 — . 

(Seal)  , 

Notary  public   (or  other  official). 

In  case  it  is  desired  to  appoint  additional  verification  deputies  to 
secure  signatures  to  the  nomination  paper  of  said  candidate,  one  or 
more  similar  documents  may  be  filed,  to  supplement  the  first  document. 
When  the  office  for  which  the  candidate  is  proposed  is  a  judicial  office, 
school  office,  county  office,  or  township  office,  the  provisions  of  this  sub- 
division shall  apply,  except  that  the  five  qualified  electors  shall  make 
no  statement  of  their  party  affiliation  and  may  be  affiliated  with  differ- 
ent parties  or  with  no  party;  and  the  candidate  proposed  for  nomina- 
tion shall  not  be  so  proposed  as  the  candidate  of  any  party. 


.1091  ELECTIONS.  Act  1010,  §  5 

Obtaining  signatures  to  nomination  papers, 

3.  Verification  deputies  appointed  as  provided  in  subdivision  2  of  this 
section  to  obtain  signatures  to  the  nomination  paper  of  any  candidate 
for  any  office  to  be  voted  for  at  any  primary  election,  may,  at  any  time 
not  more  than  seventy  days  nor  less  than  forty  days  prior  to  such 
election,  obtain  signatures  to  such  nomination  paper  of  such  candidate 
for  such  office.  Each  signer  of  a  nomination  paper  shall  sign  but  one 
such  paper  for  the  same  office;  provided,  that  prior  to  primary  elections 
other  than  August  primary  elections  or  May  presidential  primary  elec- 
tions, signatures  may  be  obtained  not  more  than  forty  nor  less  than 
twenty  days  prior  to  such  election.  He  shall  also  declare  his  intention 
to  support  such  candidate  for  nomination,  and  shall  add  his  place  of 
residence,  giving  his  street  and  number  if  any.  His  election  precinct 
shall  also  appear  on  the  paper  just  preceding  his  name,  and  the  date  of 
his  signature  shall  appear  at  the  end  of  the  line  just  after  his  residence. 
Any  nomination  paper  may  be  presented  in  sections,  but  each  section 
shall  contain  the  name  of  the  candidate  and  the  name  of  the  office  for 
which  he  is  proposed  for  nomination.  Each  section  shall  bear  the  name 
of  the  city  or  town,  if  any,  and  also  the  name  of  the  county  or  city 
and  county,  in  which  it  is  circulated,  and  only  qualified  electors  of  such 
county  or  city  and  county,  registered  as  intending  to  affiliate  with  the 
political  party  in  which  the  nomination  is  being  made,  shall  Toe  com- 
petent to  sign  such  section.  Any  section  circulated  within  any  incor- 
porated city  or  town  shall  be  signed  only  by  registered  qualified  electors 
of  such  city  or  town.  Each  section  shall  be  prepared  with  the  lines 
tor  signatures  numbered,  and  shall  have  attached  thereto  the  affidavit 
of  the  verification  deputy  who  has  obtained  signatures  to  the  same, 
stating  that  all  the  signatures  to  the  attached  section  were  made  in  his 
presence,  and  that  to  the  best  of  his  knowledge  and  belief,  each 
signature  to  the  section  is  the  genuine  signature  of  the  person  whose 
name  it  purports  to  be;  and  no  other  affidavit  thereto  shall  be  required. 
The  affidavit  of  any  verification  deputy  obtaining  signatures  hereunder 
shall  be  verified  free  of  charge  by  any  officer  authorized  to  administer 
an  oath.  Such  nomination  paper  so  verified  shall  be  prima  facie  evi- 
dence that  the  signatures  thereto  appended  are  genuine  and  that  the 
persons  signing  the  same  are  registered  qualified  electors,  unless  and 
until  it  is  otherwise  proven  by  comparison  of  such  signatures  with  the 
affidavits  of  registration  in  the  office  of  the  county  clerk  or  registrar 
of  voters.  Each  section  of  the  nomination  paper,  after  being  verified, 
shall  be  returned  by  the  verification  deputy  who  circulated  it  to  one 
of  the  five  electors  by  whom  the  said  verification  deputy  was  appointed; 
and  in  this  manner  all  the  sections  circulated  in  any  county  shall  be 
collected  by  said  five  electors  of  that  county  and  shall  be  by  them 
arranged  for  filing  or  for  examination,  as  provided  in  subdivision  4  of 
this  section.  In  case  said  verification  deputy  was  appointed  directly 
by  the  candidate  according  to  tlie  provisions  of  subdivision  2  (a)  of 
this  section,  the  collecting  and  arranging  of  the  sections  of  the  nomina- 


Act  1010,  §  5 


GENERAL   LAWS. 


1092 


tion  paper  shall  he  done  by  the  candidate  instead  of  by  the  "five 
electors"  as  hereinbefore  provided.  Each  section  of  the  nomination 
paper  shall  be  in  substance  as  follows: 

County  of city  (or  town)   of  (if  any). 

Nomination  paper   of  ,  candidate  for  party  nomination  for 

the  office  of  . 

State  of  California, 

County  of , — ss. 

Signer's   Statement. 

I,  undersigned,  am  a  qualified  elector  of  the  city   (or  town)    of  , 

county  of  ,  state  of  California;   and   am  registered  as  intending  to 

affiliate  with  the  party;   and   I  hereby  nominate  who  resides 

at  No.  street,   city  of  ,   county   of    ,   state   of   California, 

as  a  candidate  for  the  nomination  of  such  party  for  the  office  of  

to  be  voted  for  at  the  primary  election  to  be  held  on   the  day  of 

August,  19 — .  I  have  not  signed  the  nomination  paper  of  any  other 
candidate  for  the  same  office,  and  I  further  declare  that  I  intend  to 
support  for  such  nomination  the  candidate  named  herein. 


No. 

Precinct. 

Signature. 

Residence. 

Date. 

1      

sr    — 

3       

4       

5       

Etc. 



Verification   Deputy's   Affidavit. 

I,   ,    solemnly    swear     (or     affirm)    that     I     have    been    appointed 

according  to  the  provisions  of  subdivision  2,  section  5,  of  the  direct 
primary  law,  as  a  verification  deputy  to  secure  signatures  in  the  county 
of  to  the  nomination  paper  of  as  candidate  for  the  nomina- 
tion of  the  party  for  the  office  of  ;  that  all  the  signatures  on 

this  section  of  said  nomination  paper,  numbered  from  1  to  inclu- 
sive, were  made  in  my  presence,  and  that,  to  the  best  of  my  knowledge 
and  belief,  each  of  said  signatures  is  the  genuine  signature  of  the  per- 
son whose  name  it  purports  to  be. 

(Signed) , 

Verification   deputy. 

Subscribed  and  sworn  to  before  me  this  dav  of  ,  19 — . 

(Seal)  ' . 

Notary   public    (or   other   official). 

In  the  case  of  a   nomination   paper  for  any  candidate   for  a  judicial 
office,   school   office,   county   office,   or   township   office,   the   provisions   of 


1093  ELECTIONS.  Act  1010,  §  5 

this  subdivision  sliall  apply,  except  that  no  such  nomination  paper  nor 
any  section  thereof  shall  contain  the  name  of  any  political  party,  of 
any  signer  thereto,  nor  shall  the  candidate  be  referred  to  as  a  candidate 
for  the  nomination  of  any  partyj  and  any  nomination  paper  for  any 
candidate  for  a  judicial  office,  school  office,  county  office,  or  township 
office  may  be  signed  by  any  registered  qualified  elector  of  the  county  or 
city  and  county,  whether  registered  as  being  affiliated  with  any,  or 
with  no,  political  party. 

Arrangement  prior  to  filing.  Papers  for  candidates  voted  for  in  more 
than  one  county.  Examination.  Verification.  Statement. 
4.  Prior  to  the  filing  of  a  nomination  paper  for  any  candidate,  the 
sections  thereof  must  be  numbered  in  order  and  fastened  together  by 
cities  or  towns  or  portions  of  the  county  not  included  in  such  cities  or 
towns,  substantially  in  the  manner  required  for  the  binding  of  affidavits 
of  registration  by  the  provisions  of  section  1113  of  the  Political  Code; 
provided,  that  the  sections  of  the  nomination  paper  shall  be  preceded 
by  an  index  of  precincts,  arranged  by  cities,  towns  or  outside  territory 
in  the  numerical  or  alphabetical  order  of  such  precincts  for  each  such 
city,  town  or  outside  territory  and  showing  after  the  name  or  number 
of  such  precinct  the  numbers  of  the  section  pages  on  which  the  names 
of  the  electors  registered  in  such  precinct  are  to  be  found,  and  after 
the  number  of  each  page,  the  number  (in  parentheses)  of  times  such 
names  are  to  be  so  found  on  such  section  page.  Such  index  shall  be 
in  substantially  the  following  form: 

City  of  . 


No.  of  precinct. 


1 
2 
etc. 


Numbers  of  section  pages  containing  voters  of  precinct. 


1  (3  times)  2  (5  times)  3(7  times)  etc. 

1  (4  times)  2  (0  times)  3  (6  times)  etc. 

etc. 


Town  of , 

etc.  etc. 

And  provided,  further,  that  for  all  nominations  of  candidates  to  be 
voted  for  in  more  than  one  county,  or  throughout  the  entire  state,  the 
nomination  papers,  properly  assembled,  may  be  consolidated  and 
fastened  or  bound  together  by  counties;  but  in  no  case  shall  nomination 
papers  signed  by  electors  of  different  counties  be  fastened  or  bound  up 
together.  The  county  clerk  of  any  county  or  registrar  of  voters  of  any 
city  and  county  shall  examine  all  nomination  papers  herein  provided  for 
which  purport  to  have  been  signed  by  electors  of  his  county  or  city  and 
county,  and  shall  disregard  and  mark  "not  sufficient"  any  name  appear- 
ing on  such  paper  or  papers  which  does  not  appear  in  the  same  hand- 
writing on  an  affidavit  of  registration  in  his  office,  or  which   (except  in 


Act  1010,  §  5  GENERAL   LAWS.  1091: 

the  ease  of  nomination  papers  of  candidates  for  judicial,  school,  county, 
or  township  offices  the  signers  of  which  may  be  registered  as  of  any 
or  no  party)  does  not  appear  on  said  affidavit  as  intending  to  affiliate 
with  the  party  named  in  such  nomination  papers.  Such  officer  shall 
affix  to  all  nomination  papers  a  certificate  reciting  that  he  has  exam- 
ined the  same  and  stating  the  number  of  names  signed  thereto  which 
have  not  been  marked  "not  sufficient"  as  hereinabove  provided.  All 
nomination  papers  which  by  this  act  are  required  to  be  filed  in  the  office 
of  the  secretary  of  state,  shall  be  left  with  the  county  clerk  or  regis- 
trar of  voters  for  examination,  as  above  provided,  at  least  forty  days 
prior  to-  the  August  primary  election  or  the  May  presidential  primary 
election,  and  shall,  with  such  certificate  of  examination  attached,  within 
five  days  after  being  so  left,  be  forwarded  by  such  county  clerk  or 
registrar  of  voters  to  the  secretary  of  state,  who  shall  receive  and  file 
the  same.  The  verification  of  signatures  to  nomination  papers  shall  not 
be  made  by  the  candidate,  nor  by  any  county  clerk,  or  registrar  of 
voters,  nor  by  any  of  the  deputies  in  the  office  of  such  county  clerk  or 
registrar  of  voters,  nor  within  one  hundred  feet  of  any  election  booth, 
polling  place,  or  any  place  where  registration  of  electors  is  being  con- 
ducted. Each  candidate  on  or  before  the  thirty-fifth  day  prior  to  the 
August  primary  election  or  the  May  presidential  primary  election,  shall 
file  in  the  place  where  his  nomination  pajier  is  required  to  be  filed,  as 
provided  in  section  6  of  this  act,  his  affidavit,  stating  his  residence, 
with  street  and  number,  if  any;  his  election  precinct;  that  he  is  a 
qualified  elector  in  the  election  precinct  in  which  he  resides;  the  name 
of  the  office  for  which  he  desires  to  be  a  candidate;  and  that  if  nomi- 
nated he  will  accept  such  nomination  and  not  withdraw,  and  that  he  will 
qualify  as  such  officer  if  nominated  and  elected;  and  he  shall  also  make 
the  statement  required  in  subdivision  5  of  section  6  of  this  act.  Noth- 
ing in  this  act  contained  shall  be  construed  to  limit  the  rights  of  any 
person  to  become  the  candidate  of  more  than  one  political  party  for 
the  same  office  upon  complying  with  the  requirements  of  this  act,  but  no 
person  sliall  be  entitled  to  become  a  candidate  for  more  than  one  office 
at  the  same  election. 

Number  of  signatures  required. 

5.  Except  in  the  case  of  a  candidate  for  nomination  to  a  judicial 
office,  school  office,  county  office,  or  township  office,  nomination  papers 
shall  be  signed  as  follows:  If  the  candidate  is  the  candidate  for  an 
office  to  be  voted  on  throughout  the  state,  by  not  less  than  one-half  of 
one  per  centum  and  not  more  than  two  per  centum  of  the  vote  or 
registration  constituting  the  basis  of  percentage  as  defined  iu  sub- 
division 6  of  this  section  of  the  party  of  the  candidate  seeking  nomina- 
tion, within  the  state;  if  the  candidate  is  the  candidate  for  an  office 
to  be  voted  on  in  some  political  subdivision  of  the  state,  but  not  through- 
out the  state,  by  not  less  than  one  per  centum  nor  more  than  two 
per  centum   of  the  vote   or  registration   constituting   the   basis   of  per- 


1095  ELECTIONS.  Act  1010,  §  5 

centage,  as  defined  in  subdivision  6  of  this  section,  of  the  party  of 
the  candidate  seeking  nomination  within  said  political  subdivision  in 
which  such  candidate  seeks  nomination. 

Basis  of  percentage.     Separate  party  ticket. 

6.  Except  in  case  of  a  candidate  for  nomination  to  a  judicial  office, 
school  office,  county  office,  or  township  office,  the  basis  of  percentage  in 
each  case  shall  be  the  highest  vote  polled  by  the  party  for  any  such 
candidate  as  may  have  been  the  candidate  of  such  party  only,  at  the 
preceding  general  election,  or,  if  there  was  no  candidate  who  was  the 
candidate  of  such  party  only,  the  basis  of  percentage  shall  be  the  low- 
est vote  received  by  any  candidate  who  was  the  joint  candidate  of 
such  party  and  of  one  or  more  other  parties;  and  if  the  candidate  is 
the  candidate  of  a  party  which  had  no  candidate  at  the  preceding  gen- 
eral election,  then  the  basis  of  percentage  shall  be  upon  the  number  of 
qualified  electors  who,  on  or  before  the  fiftieth  day  prior  to  the  primary 
election,  shall  in  registering  have  declared  their  intention  to  affiliate 
with  such  party.  Every  political  party  qualified  to  participate  in  the 
primary  election  by  the  provisions  of  subdivision  8  of  section  1  of  this 
act,  whose  membership  or  members  shall  comply  with  the  provisions  of 
this  act  by  filing  nomination  papers  for  one  or  more  candidates,  shall 
be  entitled  to  a  separate  party  ticket  at  the  primary  election;  but  all 
such  party  tickets  must  be  alike  in  the  designation  of  candidates  for 
judicial,  school,  county,  and  township  offices. 

In  case  of  change  of  political  subdivisions. 

7.  Whenever  by  rearrangement  of  political  subdivisions  of  the  state 
by  any  legislature,  board  of  supervisors  or  other  legislative  body,  the 
boundaries  of  such  political  subdivisions  are  changed,  the  highest  vote 
polled  by  each  party  in  each  of  the  new  political  subdivisions  shall  be 
determined  as  follows:  If  the  change  occurs  wholly  within  any  county 
or  city  and  county,  the  county  clerk  or  registrar  of  voters  of  such 
county  or  city  and  county  shall  determine  as  nearly  as  possible  the 
highest  vote  of  each  party  in  the  new  political  subdivision  by  adding 
together  for  each  party  the  highest  vote  ia  each  of  the  former  precincts 
which  now  are  combined  to  make  up  such  new  political  subdivision. 
If  the  change  occurs  outside  the  limits  of  any  county  or  city  and  county, 
the  secretary  of  state  shall  determine  the  highest  vote  of  each  party 
in  such  new  political  subdivision  by  adding  together  for  each  party  the 
highest  vote  in  the  counties  which  now  are  combined  to  make  up  such 
new  political  subdivision.  In  the  same  way  that  the  highest  vote  for 
each  party  in  each  new  political  subdivision  is  ascertained,  shall  also  be 
ascertained  the  total  vote  of  all  parties,  as  is  required  to  be  done  by 
the  provisions  of  subdivision  9  of  this  section. 

Independent  candidates. 

8.  Nothing  herein  shall  be  construed  as  prohibiting  the  independent 
nomination  of   candidates   as  provided  by   section   IISS   of  the  Polltitu.] 


Act  1010,  §  6  GENERAL  LAWS.  1096 

Code,  as  said  section  was  enacted  at  the  fortieth  session  of  the  legisla- 
ture of  the  state  of  California;  except  that  a  candidate  who  has  filed 
nomination  papers  as  one  of  the  candidates  for  nomination  to  any  office 
on  the  ballots  of  any  political  party  at  a  primary  election  held  under 
the  provisions  of  this  act,  and  who  is  defeated  for  such  party  nomina- 
tion at  such  primary  election,  shall  be  ineligible  for  nomination  to  the 
same  office  at  the  ensuing  general  election,  either  as  an  independent 
candidate  or  as  the  candidate  of  any  other  party,  and  no  person  shajl 
be  permitted  to  file  nomination  papers  for  a  party  nomination  and  an 
independent  nomination  for  the  same  office,  or  for  more  than  one  office 
at  fhe  same  election.  Nor  shall  any  person  whose  name  has  been  writ- 
ten in  upon  any  ballot  or  ballots  for  any  office  at  any  primary  elef'tion, 
have  his  name  placed  upon  the  ballot  as  a  candidate  for  such  office  at 
the  ensuing  general  election,  except  under  the  provisions  of  section 
1188  of  the  Political  Code,  unless  at  such  primary  election  he  shall  have 
received  for  such  office  votes  equal  in  number  to  the  minimum  number 
of  nomination  papers  which  would  have  been  required  to  be  filed  to  have 
placed  his  name  on  the  primary  ballot  as  a  candidate  for  nomination  to 
such  office. 

Percentage  in  case  of  judicial  officers,  etc. 

9.  In  the  case  of  a  candidate  for  nomination  to  a  judicial  office,  school 
office,  county  office,  or  township  office,  nomination  papers  shall  be  signed 
by  not  less  than  one-half  of  one  per  centum,  nor  more  than  two  per 
centum  of  the  total  vote  cast  by  all  political  parties  at  the  last  elec- 
tion in  the  state  or  political  subdivision  thereof  in  which  such  candidate 
for  judicial   or  school,   county,  or   township   office   seeks   nomination. 

Record  of  nominations. 

10.  The  officer  with  whom  nomination  papers  are  filed  shall  keep  a 
record  in  which  he  shall  enter  the  names  of  all  persons  filing  the  same, 
the  name  of  the  office,  the  party,  if  any,  and  the  time  of  filing. 

Office  in  which  papers  must  be  filed. 

§  6.  All  nomination  papers  provided  for  by  this  act  shall  be  filed 
as  follows: 

1.  For  state  officers.  United  States  senators,  representatives  in  con- 
gress, members  of  the  state  senate  and  assembly,  delegates  to  state 
conventions  from  "hold-over  senatorial  districts"  and  all  officers  voted 
for  in  districts  comprising  more  than  one  county,  in  the  office  of  the 
secretary  of  state. 

2.  For  officers  to  be  voted  for  wholly  within  one  county  or  city  and 
county,  except  representatives  in  congress,  delegates  to  "state  conven- 
tions from  "hold-over  senatorial  districts"  and  members  of  the  state 
senate  and  assembly,  in  the  office  of  the  county  clerk  of  such  county 
or  in  the  office  of  the  registrar  of  voters  in  such  city  and  county. 

3.  For  city  officers,  in  the  office  of  the  city  clerk  or  secretary  of  the 
legislative  body  of  such  city  or  municipality. 


1097  ELECTIONS.  Act  1010,  §  7 

4.  When  a  nomination  paper  or  sections  thereof  shall  have  been 
received  which  contain  a  numhor  of  signatures  equal  to  two  per  centum 
of  the  vote  constituting  the  basis  of  percentage  as  provided  in  sub- 
divisions 5,  6  and  9  of  section  5  of  this  act,  the  officer  with  whom  such 
papers  are  required  to  be  filed  shall  not  receive  or  file  further  sections 
of  the  nomination   paper  for   the   candidate  named   therein. 

5.  No  more  signatures  shall  be  secured  for  any  candidate  than  a 
number  equal  to  three  per  centum  of  the  vote  constituting  the  basis 
of  percentage  as  provided  in  subdivisions  5,  6,  and  9  of  section  5  of 
this  act:  provided,  that  if,  through  miscalculation  or  otherwise,  more 
signatures  are  secured  than  the  said  three  per  centum,  all  sections  of 
the  nomination  paper  containing  signatures  in  excess  of  said  three  per 
centum  must  be  sent  to  the  candidate;  and  before  any  nomination 
paper  is  filed  as  provided  in  this  section,  the  candidate  must  notify 
each  signer  of  such  excess  sections  that  his  name  has  not  been  used; 
and  in  the  affidavit  required  to  be  filed  in  subdivision  4  of  section  5  of 
this  act,  affiant  must  state  whether  he  has  complied  with  the  provisions 
contained  in  subdivision  5  of  section  6  of  this  act. 

Filing  fees. 

§  7.  1.  A  filing  fee  of  fifty  dollars  shall  be  paid  to  the  secretary  of 
state  by  each  candidate  for  state  office  or  for  the  United  States  senate. 

2.  A  "filing  fee  of  twenty-five  dollars  shall  be  paid  to  the  secretary 
of  state  by  each  candidate  for  representative  in  congress  or  for  any 
office,  except  member  of  senate  and  assembly,  to  be  voted  for  in  any 
district  comprising  more  than   one  county. 

3.  A  filing  fee  of  ten  dollars  shall  be  paid  to  the  secretary  of  state 
by  each  candidate  for  the  state  senate  or  assembly. 

4.  A  filing  fee  of  ten  dollars  shall  be  paid  to  the  county  clerk  or 
registrar  of  voters  in  any  city  and  county  when  the  nomination  paper 
or  papers  and  affidavit  of  any  candidate  to  be  voted  for  wholly  within 
one  county  or  city  and  county  are  filed  with  such  county  clerk  or  regis- 
trar of  voters. 

5.  A  filing  fee  of  ten  dollars  shall  be  paid  to  the  city  clerk  or  secre- 
tary of  the  legislative  body  of  any  municipality  when  the  nomination 
paper  or  papers  and  affidavit  of  any  candidate  for  a  city  office  are 
filed  with  such  clerk  or  secretary  of  such  legislative  body. 

6.  No  filing  fee  shall  be  required  from  any  person  to  be  voted  for 
at  the  May  presidential  primary  election,  or  from  any  candidate  for  an 
office  to  the  holder  of  which  no^  compensation  is  required  to  be  paid,  or 
for  township  offices  the  compensation  to  the  holder  of  which  does  not 
exceed  the  sum  of  nine  hundred   dollars  per  annum. 

7.  In  no  case  shall  the  secretary  of  state,  county  clerk,  registrar  of 
voters,  or  city  clerk,  receive  any  nomination  papers  for  filing  until  the 
requisite  fee  for  such  filing,  as  prescribed  in  this  section,  has  first  been 
paid  to  him. 

8.  When  a  person  is  nominated  for  an  office  by  reason  of  his  name 
having  been   written   on  a  ballot   that   has   been   voted   at   any  primary 


Act  1010,  §§  8-10  GENERAL   LAWS.  1098 

election  provided  for  by  this  act,  he  must  pay  the  same  filing  fee  pro- 
vided for  the  same  office  to  the  same  officer  as  would  have  been  re- 
quired if  nomination  papers  had  been  filed  to  place  his  name  on  the 
primary  ballot;  otherwise  his  name  must  not  be  printed  on  the  ballot 
at  the  ensuing  general  election;  provided,  he  is  not  the  nominee  of 
another  party  for  the  same  office. 

Clerk  to  pay  fees  to  treasurer. 

§  8.  The  county  clerk  shall  immediately  pay  to  the  county  treasurer 
and  the  registrar  of  voters  in  any  city  and  county  shall  immediately 
pay  to  the  city  and  county  treasurer  all  fees  received  from  candidates. 
The  city  clerk  or  secretary  of  the  legislative  body  of  any  municipality 
shall  immediately  pay  to  the  city  treasurer  all  fees  received  fram  can- 
didates. Within  ten  days  after  the  primary  election  the  secretary  of 
state  shall  pay  to  the  state  treasurer  all  fees  received  from  candidates 
and  shall  apportion  the  fees  paid  to  him  by  each  candidate  equally 
among  the  counties  within  which  such  candidate  is  to  be  voted  for,  and 
certify  such  apportionment  to  the  state  controller,  who  shall  issue 
warrants  on  the  state  treasurer  for  the  amount  due  each  county  and 
the  state  treasurer  shall  pay  the  same. 

Expense  of  primary. 

§  9.  The  expense  of  providing  all  ballots,  blanks  and  other  supplies 
to  be  used  at  any  primary  election  provided  for  by  this  act  and  all 
expenses  necessarily  incurred  in  the  jireparation  for  or  the  conduct  of 
such  primary  election  shall  be  paid  out  of  the  treasury  of  the  city,  city 
and  county,  county  or  state,  as  the  case  may  he,  in  the  same  manner, 
with  like  effect  and  by  the  same  officers  as  in  the  case  of  general  elec- 
tions. 

Secretary  of  state  to  transmit  list  of  nominees.     Publication  by  clerk. 

§  10.  At  least  thirty  days  before  any  August  primary  election  pre- 
ceding a  November  election  or  before  any  May  presidential  primary 
election  the  secretary  of  state  shall  transmit  to  each  county  clerk  or 
registrar  of  voters  in  any  city  and  county  a  certified  list  containing  the 
name  and  postoffice  address  of  each  person  for  whom  nomination  papers 
have  been  filed  in  the  office  of  such  secretary  of  state,  including  the 
candidate  for  delegate  to  a  state  convention,  if  any,  from  a  "hold-over 
senatorial  district"  and  who  is  entitled  to  be  voted  for  in  such  county 
at  such  primary  election,  together  with  a  designation  of  the  office  for 
which  such  person  is  a  candidate  and  except  in  the  case  of  a  judicial 
office,  or  a  school  office  of  the  party  or  principle  he  represents.  Such 
county  clerk  or  registrar  of  votes  shall  forthwith,  upon  receipt  thereof, 
publish  under  the  proper  party  designation  the  title  of  each  office  (ex- 
cept a  judicial  oflice  or  a  school  office)  which  appears  upon  the  certified 
list  transmitted  by  the  secretary  of  state  as  hereinbefore  provided, 
together  with  the  names  and  addresses  of  all  persons  for  whom  nomina- 
tion papers  have  been  filed  for  each  of  said  offices  in  the  office  of  the 


1099  ELECTIONS.  ActlOlO,  §§11, 12 

secretary  of  state,  and  also  the  names  of  all  candidates  for  the  county 
central  committee,  filed  in  the  office  of  the  county  clerk  or  registrar 
of  voters.  He  shall  also  publish  the  title  of  each  judicial  office,  school 
office,  county  office,  and  township  office,  together  with  the  names  and 
addresses  of  all  persons  for  whom  nomination  papers  have  been  filed 
for  each  of  said  offices,  either  in  the  office  of  the  secretary  of  state 
or  in  the  office  of  the  county  clerk  or  registrar  of  voters,  and  shall  state 
that  candidates  for  said  judicial,  scliool,  county,  and  township  offices 
may  be  voted  for  at  the  primary  election,  by  any  registered,  qualified 
elector  of  the  county,  whether  registered  as  intending  to  affiliate  with 
any  political  party  or  not.  He  shall  also  publish  the  date  of  the  primary 
election,  the  hours  during  which  the  polls  will  be  open,  and  that  the 
primary  election  will  be  held  at  the  legally  designated  polling  places 
in  each  precinct,  which  shall  be  particularly  designated.  It  shall  be  the 
duty  of  the  county  clerk  or  registrar  of  voters  in  any  city  and  county 
to  cause  such  ijublication  to  be  made  once  each  week  for  two  successive 
weeks  prior  to  said  primary  election. 

Newspapers  in  which  publication  shall  be  made. 

§  11.  Every  publication  required  by  this  act  shall  be  made  in  not 
more  than  two  newspapers  of  general  circulation  published  in  such 
county  or  city  and  county,  and  one  of  such  newspapers  shall  represent 
the  political  party  that  cast  at  the  last  preceding  general  election  the 
highest  number  of  votes  in  such  county  or  city  and  county,  and  one  of 
such  newspapers,  if  any,  shall  represent  the  party  which  cast  the  next 
highest  number  of  A'otes  at  such  election.  In  any  case  where  the  pub- 
lication of  the  notices  provided  for  by  this  act  cannot  be  made  as  here- 
inbefore provided  it  shall  be  made  in  any  newspaper  having  a  general 
circulation  in  the  city  or  county  in  which  the  notice  is  required  to  be 
published. 

Ballots.     Nonpartisan  ballot. 

§  12.  1.  All  voting  at  primary  elections  within  the  meaning  of  this 
act  shall  be  by  ballot.  A  separate  official  ballot  for  each  political  party 
shall  be  printed  and  provided  for  use  at  each  voting  precinct;  but  all 
such  party  ballots  must  be  alike  in  the  designation  of  candidates  for 
judicial,  school,  county,  and  township  offices.  The  ballots  must  have  a 
different  tint  or  color  for  each  of  the  political  parties  participating  in 
the  primary  election.  There  shall  also  be  printed  and  provided  a  non- 
partisan ballot  of  a  different  tint  and  color  from  all  the  others  (or 
white,  if  all  the  others  are  colored),  which  shall  contain  only,  but  in 
like  manner,  all  the  candidates  for  judicial,  school,  county,  and  township 
offices  to  be  voted  for  at  the  primary  election;  and  one  of  the  nonparti- 
san ballots  shall,  at  the  primary  election,  be  furnished  to  each  regis- 
tered qualified  elector  who  is  not  registered  as  intending  to  affiliate 
with  any  one  of  the  political  parties  particijiating  in  said  primary 
election;  but  to  any  elector  registered  as  intending  to  affiliate  with  any 
political   party   participating  in   the   primary   there    shall   be   furnished, 


Act  1010,  §  12  GENERAL   LAWS.  1100 

not  a  nonpartisan  ballot,  but  a  ballot  of  the  political  party  with  which 
said  elector  is  registered  as  intending  to  affiliate. 

It  shall  be  the  duty  of  the  county  clerk  of  each  county  or  of  the 
registrar  of  voters  in  any  city  and  county  to  provide  such  printed 
official  ballots  to  be  used  at  any  August  j)rimary  election  for  the  nomi- 
nation of  candidates  to  be  voted  for  in  such  county  or  city  and  county  at 
the  ensuing  November  election  and  at  any  May  presidential  primary 
election.  It  shall  be  the  duty  of  the  city  clerk  or  secretary  of  the 
legislative  body  of  any  municipality  to  provide  such  printed  official 
ballots  for  any  primary  election  other  than  the  August  primary  election 
or  the  May  presidential  primary  election.  Such  official  ballots  to  be 
used  at  any  primary  election  shall  be  printed  on  official  paper,  furnished 
by  the  secretary  of  state,  in  the  manner  provided  by  section  1196  of 
the  Political  Code,  and  in  the  form  hereinafter  provided.  The  nanios 
of  all  candidates  for  the  respective  offices  for  whom  the  prescribed 
nomination  papers  have  been  duly  filed  shall  be  printed  thereon. 

Size. 

2.  Official  primary  election  ballots  used  at  any  primary  election  for 
the  nomination  of  candidates  to  be  voted  for  at  any  presidential  or  gen- 
eral state  election,  except  as  provided  in  subdivision  5  of  this  section, 
shall  be  as  long  as  the  herein  prescribed  captions,  headings,  party  desig- 
nations, directions  to  voters  and  lists  of  names  of  candidates,  properly 
subdivided  according  to  the  several  offices  to  be  nominated  for,  may  re- 
quire; and  no  official  primary  election  ballot  shall  be  less  than  six  and 
one-half  inches  wide. 

How  printed. 

3.  Across  the  top  of  the  ballot  shall  be  printed  in  heavy-faced  gothic 
capital  type,  not  smaller  than  forty-eight  point,  the  words:  "Official  Pri- 
mary Election  Ballot";  providing,  that  on  a  nonpartisan  ballot  said  words 
may  be  printed  in  gothic  capital  type  not  smaller  than  twenty-four  point. 
Beneath  this  heading  shall  be  printed  in  heavy-faced  gothic  capital  type, 
not  smaller  than  twenty-four  point,  the  party  designation  if  it  be  a 
party  ballot;  or,  in  the  case  of  a  ballot  containing  the  names  of  no  candi- 
dates except  candidates  for  a  judicial,  school,  county,  or  township  office, 
the  words,  "Nonpartisan  Ballot."  The  instructions"  to  voters  shall  bo 
printed  in  ten  point  gothic  type.  In  the  case  of  official  primary  election 
ballots  to  be  used  at  any  primary  election  held  for  the  nomination  of 
candidates  other  than  those  to  be  voted  for  at  a  presidential  or  a  gen 
eral  state  election,  and  on  which,  in  accordance  with  the  provisions  of 
this  act,  the  names  of  candidates  may  be  printed  in  a  single  column  or 
in  two  parallel  columns,  as  the  case  may  be,  the  words  "Official  Primary 
Election  Ballot"  shall  be  printed  thereon  in  heavy-faced  gothic  capital 
type,  not  smaller  than  twenty-four  point.  The  party  or  nonpartisan 
designation  shall  be  printed  in  heavy-faced  gothic  "capital  type,  not 
smaller  than  eighteen  point.  The  instructions  to  voters  shall  be  printed 
in  ten  point  gothic  type. 


1101  ELECTIONS.  Act  1010,  §  12 

Instructions  to  voters. 

4.  At  least  three-eighths  of  an  inch  below  the  assembly  district  desig- 
nation and  the  date  of  the  primary  election  shall  be  printed  in  ten  point 
f;othic  type,  double  leaded,  the  following  instructions  to  voters:  "To  vote 
for  a  person  whose  name  occurs  on  the  ballot,  stamp  a  cross  (X)  in  the 
square  at  the  right  of  the  name  of  the  person  for  whom  you  desire  to 
vote.  To  vote  for  a  person  whose  name  is  not  printed  on  the  ballot,  write 
his  name  in  the  blank  space  provided  for  that  purpose." 

Instructions.     Candidates  in  parallel  columns.     Precedence.     Tally  sheets. 

5.  The  instructions  to  voters  shall  be  separated  from  the  lists  of  candi- 
dates and  the  designations  of  the  several  offices  to  be  nominated  for 
by  one  light  and  one  heavy  line  or  rule.  The  names  of  the  candidates 
and  the  respective  offices  shall,  except  as  may  be  hereinafter  otherwise 
provided,  be  printed  on  the  ballot  in  four  or  more  parallel  columns,  each 
two  and  one-half  inches  wide.  The  number  of  such  parallel  columns  shall 
be  exactly  divisible  by  two,  and  such  parallel  columns  shall  be  equally 
divided  on  the  ballot  for  party  and  nonpartisan  tickets  by  a  solid  black 
line,  extending  down  from  the  printed  lines  separating  the  instructions 
to  voters  from  the  lists  of  names  of  candidates  to  the  bottom  margin 
of  the  ballot.  In  the  case  of  a  primary  election  for  the  nomination  of 
candidates  to  be  voted  for  at  a  presidential  or  general  state  election,  the 
order  of  precedence  shall  be  as  follows,  that  is  to  say:  In  the  column 
to  the  left,  under  the  heading  state  shall  be  printed  the  groups  of  names 
of  candidates  for  state  offices,  except  judicial  and  school  offices,  and  for 
members  of  the  state  board  of  equalization.  In  the  second  column,  under 
the  heading  congressional  shall  be  printed  the  group  of  names  for 
United  States  senator  in  congress,  if  any,  and  for  representatives  in  con- 
gress. Next,  under  the  heading  legislative  shall  be  printed  the  groups 
of  names  for  state  senator,  if  any,  for  member  of  assembly,  and  for  elec- 
tion as  delegate  to  the  state  convention  from  a  hold  over  senatorial  dis- 
trict," if  any.  Finally  under  the  heading  county  committee,  shall  be 
printed  the  names  of  the  candidates  for  election  to  membership  in  the 
county  central  committee  of  the  party.  In  the  case  of  primary  elections 
where  state  officers  are  not  to  be  nominated,  at  the  left  of  the  solid 
black  dividing  line  there  may  be  only  one  column.  In  the  parallel 
columns  to  the  right  of  the  solid  black  dividing  line  shall  be  printed  the 
groups  of  names  of  candidates  for  nomination  to  judicial,  school,  county, 
and  township  offices  in  the  following  order:  Under  the  heading  judicial 
shall  be  printed  all  the  names  of  candidates  for  judicial  offices,  in  the 
order  of  chief  justice  supreme  court,  associate  justices  supreme  court, 
judge  of  district  court  of  appeals,  judge  of  superior  court  and  justice 
of  the  peace.  Next,  under  the  heading  school  shall  be  printed  all  the 
names  of  candidates  for  school  offices  in  the  order  of  state  superintendent 
of  instruction,  superintendent  of  schools,  and  school  district  officers,  if 
any.  Next,  under  the  heading  county  and  township  shall  be  printed 
the  groups  of  candidates  for  all  county  and  township  offices  except  judi- 


Act  1010,  §  12  GENERAL  LAWS.  1102 

cial  or  school  oiBces.  In  the  ease  of  primary  elections  where  county 
ofiicers  are  not  to  be  nominated,  at  the  right  of  the  solid  black  dividing 
line  there  may  be  only  one  column.  The  nonpartisan  ballot  provided  for 
in  subdivision  1  of  this  section  shall  be  identical  as  to  offices  and  names 
of  candidates  with  that  portion  of  the  party  ballot  which  is  printed  to 
the  right  of  the  solid  black  dividing  line  hereinabove  described.  The 
tally  sheets  furnished  to  election  officers  shall  have  the  names  of  offices 
and  candidates  arranged  in  the  order  in  which  said  names  of  offices  an<l 
candidates  are  printed  on  the  ballots  according  to  the  provisions  of  this 
section  and  subdivision.  In  the  case  of  primary  elections  for  the  nomina- 
tion of  candidates  for  city,  city  and  county  or  municipal  offices  only,  the 
groups  of  names  of  candidates  may  be  printed  in  two  parallel  columns 
and  the  order  of  precedence  shall  be  determined  by  the  legislative  body 
of  such  city  or  municipality  or  by  the  board  of  election  commissioners 
of  any  such  city  and  county. 

Candidates  for  judicial  offices,  etc. 

6.  The  group  of  names  of  candidates  for  nomination  to  any  judicial 
office,  school  office,  county  office,  or  township  office  shall  include  all  the 
names  receiving  the  requisite  number  of  signatures  on  a  nomination  paper 
for  such  office,  and  shall  be  identical  for  each  such  office  on  the  primary 
election  ballots  of  each  political  party  participating  at  the  primary  elec- 
tion; but  the  groups  of  names  of  candi<latcs  for  all  other  offices  on  the 
ballots  of  each  political  party  shall  comprise  only  the  names  of  the  candi- 
dates for  nomination  by  such  party. 

Order  of  lists  of  candidates. 

7.  The  order  in  which  the  list  of  candidates  for  any  office  shall  appear 
upon  the  primary  election  ballot  shall  be  determined  as  follows: 

(a)  If  the  office  is  an  office  the  candidates  for  which  are  to  be  voted 
on  tliroughout  the  entire  state,  including  United  States  senator  in  con- 
gress, the  secretary  of  state  shall  arrange  the  names  of  all  candidates 
for  such  office  in  alphabetical  order  for  the  first  assembly  district;  and 
thereafter  for  each  succeeding  assembly  district,  the  name  appearing 
first  for  each  office  in  the  last  preceding  district  shall  be  placed  last,  the 
order  of  the  other  names  remaining  unchanged.  If  the  office  is  that  of 
representative  in  congress,  or  is  an  office  the  candidates  for  nomination 
to  which  are  to  be  voted  on  in  more  than  one  county  or  city  and  county, 
but  not  throughout  the  entire  state,  except  the  office  of  state  senator 
or  assemblj'man,  the  secretary  of  state  shall  arrange  the  names  of  all 
candidates  for  such  office  in  alphabetical  order  for  that  assembly  dis- 
trict which  is  lowest  in  numerical  order  of  any  assembly  district  in 
which  such  candidates  are  to  be  voted  on;  and  thereafter  for  such  suc- 
ceeding assembly  district  in  which  such  candidates  are  to  be  voted  on, 
the  name  appearing  first  for  such  office  in  the  last  preceding  district  shall 
be  placed  last,  the  order  of  the  other  names  remaining  unchanged.  In 
transmitting  to  each  county  clerk  or  registrar  of  voters  the  certiCcd  list 


1103  ELECTIONS.  Act  1010,  §  12 

of  nnmes  as  required  in  section  10  of  this  act,  the  secretary  of  state 
shall  certify  and  transmit  the  list  of  candidates  for  nomination  to  each 
office  according  to  assembly  districts,  in  the  order  of  arrangement  as 
dctcrminedi  by  the  above  provisions;  and  in  the  case  of  each  county  or 
city  and  county  containing  more  than  one  assembly  district,  he  shall 
transmit  separate  lists  for  each  assembly  district.  Except  for  the  office 
of  state  senator  or  assemblyman,  the  order  in  which  the  names  filed  with 
the  secretary  of  state  shall  appear  upon  the  ballot,  shall  be  for  each 
assembly  district  the  order  as  determined  by  the  secretary  of  state  in  ^ 
accordance  with  the  above  provisions,  and  as  certified  and  transmitted  by 
him  to  each  county  clerk  or  registrar  of  voters. 

(b)  If  the  office  is  an  office  to  be  voted  on  throughout,  but  wholly 
within,  one  county  or  city  and  county,  except  the  office  of  representative 
in  congress  or  state  senator  or  assemblyman,  the  county  clerk  of  such 
county  or  the  registrar  of  voters  of  such  city  and  county,  shall  arrange 
the  names  of  all  candidates  for  such  office  in  alphabetical  order  for  the 
first  supervisorial  district;  and  thereafter  for  each  supervisorial  district, 
the  name  appearing  first  for  each  such  office  in  the  last  preceding  super 
visorial  district  shall  be  placed  last,  the  order  of  the  other  names  re- 
maining unchanged;  provided,  there  are  no  more  than  five  assembly 
districts  in  such  county,  or  city  and  county.  If  there  are  more  than  five 
assembly  districts  in  such  county,  or  city  and  county,  the  county  clerk 
or  registrar  of  voters  shall  so  arrange  on  the  ballot  the  order  of  names 
of  all  candidates  for  such  office  that  they  shall  appear  in  alphabetical 
order  for  that  assembly  district  in  such  county,  or  city  and  county,  which 
is  lowest  in  numerical  order,  and  thereafter  for  each  succeeding  assembly 
district  in  such  county,  or  city  and  county,  the  name  appearing  first  for 
each  office  in  the  last  preceding  assembly  district  shall  be  placed  last, 
the  order  of  the  other  names  remaining  unchanged. 

(c)  If  the  office  is  that  of  state  senator  or  assemblyman,  or  delegate 
to  the  state  convention  from  a  "hold-over  senatorial  district,"  or  member 
of  a  county  central  committee,  or  any  office  except  the  office  of  repre- 
sentative in  congress  to  be  voted  on  wholly  within  any  county  or  city 
and  county  but  not  throughout  such  county  or  city  or  county,  the  names 
of  all  candidates  for  such  office  shall  be  placed  upon  the  ballot  in  alpha- 
betical order. 

(d)  If  the  office  is  a  municipal  office  in  any  city  or  town  whose  charter 
d<oes  not  provide  for  the  order  in  which  names  shall  appear  on  the  ballot, 
the  names  of  candidates  for  such  office  shall  be  placed  upon  the  ballot 
in  alphabetical  order. 

Order  of  publication  of  names  and  addresses. 

8.  In  publishing  the  names  and  addresses  of  all  candidates  for  whom 
nomination  papers  have  been  filed,  as  required  in  section  10  of  this  act, 
the  county  clerk  or  registrar  of  voters  shall  publish  the  names  in  the 
order  in  which  they  will  appear  upon  the  ballot;  provided,  that  in  coun- 
ties or  cities  and  counties  containing  more  than  one  assemljly  district  the 


Act  1010,  §  12  GENERAL   LAWS.  1104 

order  of  names  of  candidates  shall  be  that  of  the  assembly  district  in 
such  county  or  city  and  county  which  is  lowest  in  numerical  order. 

Designation  of  office. 

9.  Each  group  of  candidates  to  be  voted  on  shall  be  preceded  by  the 
designation  of  the  office  for  which  the  candidates  seek  nomination,  and 
the  words  "Vote  for  One"  or  "Vote  for  Two"  or  more  according  to  the 
number  to  be  elected  to  such  office  at  the  ensuing  election.  Such  desig- 
nation of  the  office  to  be  nominated  for  and  of  the  number  of  candidates 
to  be  nominated  shall  be  printed  in  heavy  faced  gothic  type,  not  smaller 
than  ten  point.  The  word  or  words  designating  the  office  shall  be  printed 
flush  with  the  left-hand  margin  and  the  words  "Vote  for  One"  or  "Vote 
for  Two"  or  more,  as  the  case  may  be,  shall  extend  to  the  extreme  right 
of  the  column  and  over  the  voting  square.  The  designation  of  the  office 
and  the  direction  for  voting  shall  be  separated  from  the  names  of  the 
candidates  by  a  light  line. 

Printing  names  of  candidates.     Printing  on  back  of  ballot.     Perforated 
line.     Number.     Form. 

10.  The  names  of  the  candidates  shall  be  printed  on  the  ballot  with- 
out indentation,  in  roman  capital  type  not  smaller  than  eight  point,  be- 
tween light  lines  or  rules  three-eighths  of  an  inch  apart.  Under  each 
group  of  names  of  candidates  shall  be  printed  as  many  blank  spaces,  de- 
fined by  light  lines  or  rules,  three-eighths  of  an  iaih  apart,  as  there  are 
to  be  candidates  nominated  for  such  office.  To  the  right  of  the  names 
of  the  candidates  shall  be  printed  a  light  line  or  rule  so  as  to  form  a 
voting  square  three  eighths  of  an  inch  square.  Each  group  of  names  of 
candidates  shall  be  separated  from  the  succeeding  group  by  one  light 
and  one  heavy  line  or  rule.  Each  series  of  groups  shall  be  headed  by 
the  word  "State,"  "Congressional,"  "Legislative,"  "County  and  Town- 
ship" or  "Municipal"  or  other  proper  general  classification,  as  the  case 
may  be,  printed  in  heavy-faced  gothic  capital  tj'pe,  not  smaller  than 
twelve  point.  All  official  primary  election  ballots  shall  have  printed  on 
the  back  and  immediately  below  the  center  thereof,  in  eighteen  point 
gothic  capital  type,  the  words  "Official  Primary  Election  Ballot,"  and 
underneath  these  words  the  respective  numbers  of  the  congressional,  sena- 
torial and  assembly  districts  in  which  each  ballot  is  to  be  voted.  In 
the  case  of  a' primary  election  for  the  nomination  of  candidates  for  city 
or  city  and  county  offices  only,  the  designations  on  the  back  of  the  ballot, 
in  addition  to  the  words  "Official  Primary  Election  Ballot,"  shall  be  the 
official  designation  of  the  respective  ward  and  voting  precinct  in  any 
such  city  or  municipality,  or  the  number  of  the  assembly  district  and  of 
the  voting  precinct  in  any  such  city  and  county  in  which  each  ballot 
is  to  be  voted.  The  ballot  shall  be  printed  on  the  same  leaf  with  a  stub 
and  separated  therefrom  by  a  perforated  line  across  the  top  of  the  ballot. 
On  each  ballot  a  perforated  line  shall  extend  from  top  to  bottom  one-half 
inch  from  the  right-hand  side  of  such   ballot,   and   upon   the  half-inch 


1105  ELECTIONS.  Act  1010,  §  12 

strip  thus  formed  there  shall  be  no  printing  except  the  number  of  the 
ballot  which  shall  be  on  the  back  of  each  strip,  in  such  position  that  it 
shall  appear  on  the  outside  when  the  ballot  is  folded.  The  number  on 
each  ballot  shall  be  the  same  as  that  on  the  corresponding  stub,  and  the 
ballots  and  stubs  shall  be  numbered  consecutively  in  each  county;  pro- 
vided, that  the  sequence  of  numbers  on  such  official  ballots  and  stubs  for 
each  party  shall  begin  with  the  number  one.  The  official  ballots  of  each 
political  party  shall  be  made  up  in  stub  books,  each  book  to  contain  ten, 
or  some  multiple  of  ten,  ballots,  in  the  manner  provided  by  law  for  offi- 
cial election  ballots,  and  except  as  to  the  order  of  the  names  of  candidates 
shall  be  printed  in  substantially  the  following  form: 
70 


Act  1010,  §  12 


GENERAL   LAW'S. 


HOG 


OFFICIAL  PRIMARY  ELECTION  BALLOT 

REPUBLICAN  PARTY 

Forty-Eighth  Asiembly  Oittrict,   August  aS,  I»I4 


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1107 


ELECTIONS. 


Act  1010,  §  12 


NON-PARTISAN  BALLOT 


JUDiCIAL 

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Act  1010,  §  13  GENERAL   LAWS.  1108 

Sample  ballots.  Mailed  to  voters.  Printing  of  official  ballot.  In  cities. 
§  13.  At  least  twenty  days  before  the  August  primary  election  or 
before  the  May  presidential  primary  election  each  county  clerk  or  reg- 
istrar of  voters  in  any  city  and  county  shall  prepare  separate  sam])le 
ballots  for  each  political  party,  and  a  separate  sample  nonpartisan  ballot, 
placing  thereon  in  each  case  in  the  order  provided  in  subdivision  7  of 
section  12  of  this  act,  and  under  the  appropriate  title  of  each  office,  the 
names  of  all  candidates  for  whom  nomination  papers  have  been  duly  filed 
with  him,  or  have  been  certified  to  him  by  the  secretary  of  state,  to  be 
voted  for  at  the  primary  election  in  his  county  or  city  and  county.  Such 
sample  ballots  shall  be  printed  on  paper  of  a  different  texture  from  the 
paper  to  be  used  on  the  official  ballot,  and  one  sample  ballot  of  the  party 
to  which  the  voter  belongs  as  evidenced  by  his  registration  shall  be 
mailed  to  each  such  voter  entitled  to  vote  at  such  August  primary  elec 
tion  or  May  presidential  primary  election,  as  the  case  may  be,  not  more 
than  ten  nor  less  than  five  days  before  the  election.  Not  more  than  ten 
nor  less  than  five  days  before  the  August  primary  election  a  nonjiartisan 
sample  ballot  printed  on  paper  of  a  diflferent  texture  from  the  paper  to 
be  used  on  the  official  ballot  shall  be  mailed  to  each  registered  qualified 
elector  who  is  not  registered  as  intending  to  affiliate  with  any  of  the 
parties  participating  in  said  primary  election.  Such  clerk  or  registrar 
of  voters  shall  forthwith  submit  the  ticket  of  each  political  party  to  the 
chairman  of  the  county  committee  of  such  party  and  shall  mail  a  copy 
to  each  candidate  for  whom  nomination  papers  have  been  filed  with  him 
or  whose  name  has  been  certified  to  him  by  the  secretary  of  state,  to 
the  posloffice  address  as  given  in  such  nomination  paper  or  certification, 
and  he  shall  post  a  copy  of  each  sample  ballot  in  a  conspicuous  place 
in  his  office.  Before  such  primary  election  the  county  clerk  or  registrar 
of  voters  in  any  city  and  county  shall  cause  the  official  ballot  to  be 
printed  as  provided  by  section  12  of  this  act,  and  distributed  in  the 
same  manner  and  in  the  same  quantities  as  provided  in  sections  1198, 
1199  and  1201  of  the  Political  Code  for  the  distribution  of  ballots  for 
elections;  provided,  that  the  number  of  party  ballots  to  be  furnished 
to  any  precinct  shall  be  computed  from  the  number  of  voters  registered 
in  such  precinct  as  intending  to  affiliate  with  such  party,  and  the  num- 
ber of  nonpartisan  ballots  to  be  furnished  to  any  precinct  shall  be  com- 
puted from  the  number  of  voters  registered  in  such  precinct  without 
statement  of  intention  to  affiliate  with  any  of  the  parties  participating 
in  the  primary  election.  In  the  case  of  primary  elections  for  the  nomina- 
tion of  candidates  for  city  offices  it  shall  be  the  duty  of  the  city  clerk. 
secretary  of  the  legislative  body  of  such  city  or  municipality,  or  such 
other  officer  charged  by  law  with  the  duty  of  preparing  and  distributing 
the  otBcial  ballots  used  at  elections  in  such  city  or  municipality,  to  pre 
pare  and  mail  the  sample  ballot  and  to  prepare  and  distribute  the  official 
primary  election  ballots,  and  so  far  as  applicable  and  not  otherwise  pro- 
vided herein  the  provisions  of  this  act  shall  apply  to  the  nomination  of 
all  candidates  for  city  offices. 


1109  ELECTIONS.  Act  1010,  §§  14-17 

Polls  open  6  A.  M.  to  7  P.  M. 

§  14.  The  polls  must  be  open  at  6  o'clock  of  the  morning  of  the  day 
of  primary  election  and  must  be  kept  open  until  7  o'clock  in  the  after- 
noon of  the  same  day,  when  the  polls  shall  be  closed;  provided,  however, 
that  if  at  the  hour  of  closing  there  are  any  voters  in  the  polling  place, 
or  in  line  at  the  door,  who  are  qualified  to  vote  and  have  not  been  able 
to  do  so  since  appearing,  the  polls  shall  be  kept  open  a  sufficient  time 
to  enable  them  to  vote.  But  no  one  who  shall  arrive  at  the  polling  place 
after  7  o'clock  in  the  afternoon  shall  be  entitled  to  vote,  although  the 
polls  may  be  open  when  he  arrives.  No  adjoHrnment  or  intermission 
shall  be  taken  except  as  provided  in  the  case  of  general  elections. 

Election  officers. 

§  15.  The  officers  for  primary  elections  shall  be  the  same,  and  shall 
be  appointed  in  the  same  manner,  as  provided  by  law  for  general  elec- 
tions, and  such  officers  shall  receive  the  same  compensation  for  their 
services  at  primary  elections  as  provided  by  law  for  general  elections. 

It  shall  be  the  duty  of  the  proper  officers  to  furnish  the  original  affi- 
davits of  registration  and  indexes  for  use  at  primary  elections,  which 
shall  show  the  names  of  all  voters  entitled  to  vote  at  such  primary  elec- 
tions, and  shall  be  numbered,  for  purposes  of  the  primary  election,  in 
like  manner  as  provided  in  section  1113  of  the  Political  Code.  And  all 
the  provisions  of  section  1096  of  the  Political  Code,  so  far  as  they  are 
consistent  with  the  provisions  of  this  act,  are  hereby  made  applicable 
to  primary  elections  within  the  meaning  of  this  act. 

Challenge  of  voter. 

§  16.  Any  elector  oflFering  to  vote  at  a  primary  election  may  be  chal- 
lenged by  any  elector  of  the  city,  city  and  county  or  county,  upon  either 
or  all  of  the  grounds  specified  in  section  1230  of  the  Political  Code,  but 
his  right  to  vote  the  primary  election  ticket  of  the  political  party  desig- 
nated in  his  affidavit  of  registration,  as  provided  in  section  1096  of  the 
Political  Code,  or  his  right  to  vote  the  nonpartisan  primary  ticket  pro- 
viding no  such  party  is  so  designated,  shall  not  be  challenged  on  any 
ground  or  subjected  to  any  tests  other  than  those  provided  by  the  con- 
stitution and  section  1230  of  the  Political  Code  of  this  state. 

Qualified  electors  may  vote. 

§  17.  Any  elector  qualified  to  take  part  in  any  primary  election,  who 
has,  at  least  thirty  days  before  the  day  of  such  primary  election,  quali- 
fied by  registration,  as  provided  by  section  1096  of  the  Political  Code, 
shall  be  entitled  to  vote  at  such  primary  election,  such  right  to  vote 
being  subject  to  challenge  only  as  hereinbefore  provided;  and  shall,  on 
writing  his  name  or  having  it  written  for  him  on  the  roster,  as  provided 
by  law  for  general  elections  in  this  state,  receive  the  official  primary 
election  ballot  of  the  political  party  designated  in  his  affidavit  of  regis- 
tration; (or  the  nonpartisan  ballot,  providing  no  such  party  was  so  desig- 
nated), and  no  other;  provided,  however,  that  no  one  shall  be  entitled 


Act  1010,  §§  18-21  GENERAL   LAWS.  1110 

to  vote  at  any  priman'  election  who  has  not  been  a  resident  of  the  state 
one  year,  and  of  the  county  ninety  days,  preceding  the  day  upon  which 
such  primary  election  is  held.  He  shall  be  instructed  by  a  member  of 
the  board  as  to  the  proper  method  of  marking  and  folding  his  ballot, 
and  he  shall  then  retire  to  an  unoccupied  booth  and  without  undue  delay 
stamp  the  same  with  the  rubber  stamp  there  found.  If  he  shall  spoil 
or  deface  the  ballot  he  shall  at  once  return  the  same  to  the  ballot  clerk 
and  receive  another. 

Designating  choice. 

§  18.  The  voter  shall  designate  his  choice  on  the  ballot  by  stamping 
a  cross  (X)  in  the  small  square  opposite  the  name  of  each  candidate  for 
whom  he  wishes  to  vote.  If  he  shall  stamp  more  names  than  there  are 
candidates  to  be  nominated  for  any  office,  or  if  for  any  reason  it  be  im- 
possible to  determine  his  choice  for  any  office,  his  ballot  shall  not  be 
-counted  for  such  office,  but  the  rest  of  his  ballot,  if  properly  stamped, 
shall  be  counted.  No  ballot  shall  be  rejected  for  any  technical  error 
which  does  not  render  it  impossible  to  determine  the  voter's  choice,  nor 
even  though  such  ballot  be  somewhat  soiled  or  defaced. 

Folding  ballot. 

§  19.  When  a  voter  has  stamped  his  ballot  he  shall  fold  it  so  that  its 
face  shall  be  concealed  and  only  the  printed  designation  on  the  back 
thereof  shall  be  visible,  and  hand  the  same  to  the  member  of  the  board 
in  charge  of  the  ballot  box.  Such  foliled  ballot  shall  be  voted  as  ballots 
are  voted  at  general  elections  and  the  name  of  the  voter  checked  upon 
the  register  as  having  voted. 

No  intermission  between  closing  of  polls  and  counting  of  votes. 

§  20.  No  adjournment  or  intermission  whatever  shall  take  place  until 
the  polls  shall  he  closed  and  until  all  the  votes  cast  at  such  polls  shall 
be  counted  and  the  result  publicly  announced,  but  this  shall  not  be 
deemed  to  prevent  anj'  temporary  recess  while  taking  meals  or  for  th*^ 
purpose  of  other  necessary  delay;  provided,  that  no  more  than  one  mem- 
ber of  the  board  shall  at  any  time  be  absent  from  the  polling  place. 

Canvass  of  votes. 

§  21.  As  soon  as  the  polls  are  finally  closed  the  judges  must  immedi- 
ately proceed  to  canvass  the  votes  cast  at  such  primary  election.  Tho 
canvass  must  be  public,  in  the  presence  of  bystanders,  and  must  he  con- 
tinued without  adjournment  until  completed  and  the  result  thereof  de- 
clared. Except  as  hereinafter  provided,  the  canvass  shall  be  conducted, 
completed  and  returned  as  provided  by  sections  12.53.  1254,  1255,  1256. 
3257,  1258,  1259,  1260,  1261,  1262,  1263,  1264,  1265,  1266,  1267  and  1268 
of  the  Political  Code  of  this  state;  provided,  however,  that  the  ballots 
of  each  party  must  be  sealed  and  returned  in  separate  enveloj^es,  and  the 
nonpartisan  ballots  must  be  sealed  and  returned  in  another  separate 
envelope.     The  number  of  ballots  agreeing  or  being  made  to  agree  with 


1111  ELECTIONS.  Act  1010,  §  22 

the  number  of  names  on  the  lists,  as  provided  by  section  1255  of  the 
Political  Code,  the  board  must  take  the  ballots  from  the  box,  count  those 
cast  by  each  party,  and  string  them  separately;  count  all  the  votes  cast 
for  each  party  candidate  for  the  several  offices  and  record  the  same  on 
the  tally  lists;  and  count  all  the  votes  on  all  the  ballots,  both  party  and 
nonpartisan,  for  the  candidates  for  judicial,  school,  county,  and  township 
oflSces,  and  record  the  same  on  the  tally  lists. 

Canvass  of  returns.  Declaration  of  result.  Returns  to  secretary  of 
state.  Secretary  to  compile. 
§  22.  The  board  of  supervisors  of  each  county,  the  board  of  election 
commissioners  of  any  city  and  county,  or,  in  the  case  of  a  city  or 
municipal  primary  election,  the  officers  charged  by  law  with  the  duty 
of  canvassing  the  vote  at  any  city  or  municipal  election  in  such  political 
subdivision,  shall  meet  at  the  usual  place  of  such  meeting,  or  at  any 
other  place  permitted  by  law,  at  1  o'clock  in  the  afternoon  of  the  first 
Thursday  after  each  primary  election  to  canvass  the  returns,  or  as  soon 
thereafter  as  all  the  returns  are  in.  When  begun  the  canvass  shall 
be  continued  until  completed,  which  shall  not  be  later  than  6  o'clock 
in  the  afternoon  of  the  sixteenth  day  following  such  primary  election. 
The  clerk  of  the  board  must,  as  soon  as  the  result  is  declared,  enter 
upon  the  records  of  such  board  a  statement  of  such  result,  which  state- 
ment shall  contain  the  whole  number  of  votes  cast  for  each  candidate 
of  each  political  party  for  each  candidate  for  each  judicial,  school, 
county,  or  township  office,  for  each  candidate  for  delegate,  if  any,  to  a 
state  convention  from  a  hold-over  senatorial  district,  and  for  each  can- 
didate for  membership  in  the  county  central  committee;  and  a  duplicate 
as  to  each  political  party  shall  be  delivered  to  the  county,  city  and 
county  or  city  chairman  of  such  political  party,  as  the  case  may  be.  The 
clerk  shall  also  make  an  additional  duplicate  statement  in  the  same  form, 
showing  the  votes  cast  for  each  candidate  not  voted  for  wholly  within 
the  limits  of  such  county  or  city  and  county.  The  county  clerk  or 
registrar  of  voters  in  any  city  and  county  shall  forthwith  send  to  the 
secretary  of  state  by  registered  mail  or  by  express  one  complete  copy 
of  all  returns  as  to  such  candidates,  and  as  to  all  candidates  for  the 
state  assembly,  state  senate,  representatives  in  congress,  judicial  officers, 
except  justices  of  the  peace,  delegate,  if  any,  to  a  state  convention  from 
a  hold-over  senatorial  district,  and  as  to  all  persons  voted  for  at  the 
May  presidential  primary  election.  The  clerk  shall  also  prepare  a  sepa- 
rate statement  of  the  names  of  the  candidates  of  each  political  party 
who  have  received  the  highest  number  of  votes  for  the  several  offices 
to  be  voted  for  wholly  within  such  county,  city  and  county,  or  other 
political  subdivision  in  which  such  primary  election  was  held.  The 
secretary  of  state  shall,  not  later  than  the  twenty-fifth  day  after  any 
primary  election,  compile  the  returns  for  United  States  senator  and  for 
all  candidates  voted  for  in  more  than  one  county,  and  tor  all  candidates 
for  the  assembly,  state  senate,  representatives  in  congress'  and  judicial 


Act  1010,  §  23  GENERAL   LAWS.  1112 

offices,  except  justices  of  the  peace,  delegate,  if  any,  to  a  state  conven- 
tion from  a  hold-over  senatorial  district,  and  for  all  persons  voted  for  at 
the  May  presidential  primary  election,  and  shall  make  out  and  file  in 
his  office  a  statement  thereof.  He  shall  compile  the  returns  for  the 
May  presidential  primary  election  not  later  than  the  twenty-first  day 
after  such  election,  and  shall  compile  said  returns  in  such  a  manner  as  to 
show,  for  each  candidate,  both  the  total  of  the  votes  received  and  the 
votes  received  in  each  congressional  district  of  the  state. 

Names  which  go  on  the  hallot  for  the  election.  Certificates  of  nomi- 
nation. Lists  of  persons  entitled  to  receive  votes. 
§  23.  Except  in  the  case  of  a  camiidate  for  nomination  to  a  judicial 
office,  school  office,  county  office,  or  township  office,  the  person  receiving 
the  highest  number  of  votes,  at  a  primary  election  as  the  candidate  for 
the  nomination  ^f  a  political  party  for  an  office  shall  be  the  candidate 
of  the  party  for  such  office,  and  his  name  as  such  candidate  shall  be 
placed  on  the  official  ballot  voted  at  the  ensuing  election;  provided,  he 
has  paid  the  filing  fee  required  by  subdivision  8  of  section  7  of  this  act. 
The  name  of  the  person  in  each  political  party  who  receives  at  a  pri- 
mary election  the  highest  number  of  votes  for  United  States  senator 
shall  also  be  placed  on  the  official  ballot  under  the  heading  "United 
States  Senator."  In  the  case  of  a  judicial  office,  school  office,  county 
office,  or  township  office,  the  candidates  equal  in  number  to  twice  the 
number  to  be  elected  to  such  office,  or  less,  if  so  there  be,  who  receive 
the  highest  number  of  the  votes  cast  on  all  the  ballots  of  all  the  voters 
participating  in  the  primary  election  for  nomination  to  such  office,  shall 
be  the  candidates  for  such  office  at  the  ensuing  election,  and  their  names 
as  such  candidates  shall  be  placed  on  the  official  ballot  voted  at  the 
ensuing  election;  provided,  however,  that  in  case  there  is  but  one  person 
to  be  elected  at  the  November  election  to  a  judicial  office,  school  office, 
county  office,  or  township  office,  any  candidate  who  receives  at  the 
August  primary  election  a  majority  of  the  total  number  of  votes  cast 
for  all  the  candidates  for  such  office  shall  be  the  only  candidate  for  such 
office  at  the  ensuing  election.  Of  the  candidates  for  election  to  member- 
ship in  the  county  central  committee,  the  candidates  equal  in  number 
to  the  number  to  be  elected  receiving  the  highest  number  of  votes  in 
their  supervisorial  district  or  assembly  district,  as  the  case  may  be  in 
accordance  with  the  provisions  of  subdivision  4  of  section  24  of  this  act, 
shall  be  declared  elected  as  the  representatives  of  their  district  to  mem- 
bership in  such  committee.  It  shall  be  the  duty  of  the  officers  charged 
with  the  canvass  of  the  returns  of  any  primary  election  in  any  county, 
city  and  county  or  municipality  to  cause  to  be  issued  official  certificates 
of  nomination  to  such  party  candidates  as  have  received  the  highest 
number  of  votes  as  the  candidates  for  the  nomination  of  such  party  for 
any  offices  to  be  voted  for  wholly  within  such  county,  city  and  county, 
or  municipality,  and  cause  to  be  issued  to  such  delegate  a  certificate  of 
his  election;  and  to  cause  to  be  issued  official  certificates  of  nomination 


1113  ELECTIONS.  Act  1010,  §  24 

to  such  candidates  for  .judicial,  school,  county,  or  township  office  as  may 
be  entitled  thereto  under  the  provisions  of  this  section.  It  shall  be  the 
duty  of  the  secretary  of  state  to  issue  official  certificates  of  nomination 
to  candidates  nominated  under  the  provisions  of  this  act  for  represen- 
tatives in  congress,  members  of  the  state  senate  and  assembly  and  offi- 
cers voted  for  in  more  than  one  county;  and  to  issue  certificates  of  elec- 
tion to  all  persons  elected  at  the  May  presidential  primary  election  as  dele- 
gates to  their  respective  national  party  conventions,  and  to  notify  each 
of  said  delegates  of  the  total  vote  received  by  each  of  the  persons 
voted  for  in  his  party  at  said  election,  under  the  heading  "For  Presiden- 
tial Nominee."  Not  less  than  thirty  days  before  the  November  election 
the  secretary  of  state  shall  certify  to  the  county  clerks  or  registrars  of 
voters  of  each  county  and  city  and  county  within  the  state,  the  name 
of  every  person  entitled  to  receive  votes  within  such  county  or  city  and 
county  at  said  November  election  who  has  received  the  nomination  as  a 
candidate  for  public  office  under  and  pursuant  to  the  provisiops  of  this 
act,  and  whose  nomination  is  evidenced  by  the  compilation  and  state- 
ment required  to  be  made  by  said  secretary  of  state  and  filed  in  his 
office,  as  provided  in  section  22  of  this  act.  Such  certificates  shall  in 
addition  to  the  names  of  such  nominees  respectively,  also  show  sepa- 
rately and  respectively  for  each  nominee  the  name  of  the  political  party 
or  organization  which  has  nominated  such  person  if  any  and  the  desig- 
nation of  the  public  office  for  which  he  is  so  nominated.  The  secretary 
of  state  shall  also  certify  to  the  county  clerk  or  registrar  of  voters  the 
names  of  those  persons  who  have  received  in  their  respective  parties  the 
highest  number  of  votes  for  United  States  senator. 

Party  conventions. 

§  24.  1.  Party  conventions  of  delegates  chosen  as  hereinafter  pro- 
vided may  be  held  in  this  state,  for  the  purpose  of  promulgating  plat- 
forms and  transacting  such  other  business  of  the  party  as  is  not  incon- 
sistent with  the  provisions  of  this  act. 

State  conventions.  Platforms.  State  central  committee.  Presidential 
electors.  Hold-over  senators.  Filling  vacancies. 
2.  The  candidates  of  each  political  party  for  state  officers,  if  any, 
except  judicial  and  school  officers,  and  such  candidates  for  senate  and 
assembly  as  have  been  nominated  by  such  political  party  at  the  primary 
election,  and  in  whose  behalf  nomination  papers  have  been  filed,  together 
with  one  delegate  chosen  by  such  political  party  from  each  senatorial 
district  represented  by  a  hold-over  senator,  shall  meet  in  a  state  con- 
vention at  the  state  capitol  at  2  o'clock  in  the  afternoon  of  the  third 
Tuesday  in  September  after  the  date  on  which  any  primary  election  is 
held  preliminary  to  the  general  November  election.  They  shall  forth- 
with formulate  the  state  platforms  of  their  party,  which  said  state  plat- 
form of  each  political  party  shall  be  framed  at  such  time  that  it  shall 
be  made  public  not  later  than  6  o'clock  in  the  afternoon  of  the  following 


Act  1010,  §  24  GENERAL   LAWS.  1114: 

Thursday.  They  shall  also  proceed  to  elect  a  state  central  committee 
to  consist  of  at  least  three  (3)  members  from  each  congressional  dis- 
trict, who  shall  hold  office  until  a  new  state  central  committee  shall  have 
been  selected.  In  each  year  of  the  general  November  election  at  whiet 
electors  of  President  and  Vice-President  of  the  United  States  are  to  be 
chosen,  they  shall  also  nominate  as  the  candidates  of  their  party  as 
many  electors  of  President  and  Vice-President  of  the  United  States  as 
the  state  is  then  entitled  to,  and  it  shall  be  the  duty  of  the  secretary 
of  state  to  issue  certificates  of  nomination  to  the  electors  so  nominated, 
and  to  cause  the  names  of  such  candidates  for  elector  to  be  placed  upon 
the  ballots  at  the   ensuing  November   election. 

Membership  in  the  state  convention  shall  not  be  granted  to  a  party 
nominee  for  a  state  office  or  office  of  senator  or  assemblyman  wlio  has 
become  such  by  reason  of  his  name  having  been  written  on  a  ballot,  and 
who  has  not  had  his  name  printed  on  the  primary  ballot  by  having 
had  a  nomination  paper  filed  in  his  behalf,  as  provided  in  section  5  of 
this  act;  and,  in  every  such  case,  a  vacancy  shall  be  deemed  to  e.xist; 
and  any  vacancy  thereby  existing,  or  existing  because  no  nomination 
for  such  office  has  been  made,  or  for  any  other  cause,  shall  be  filled  as 
hereinafter  provided.  In  any  senatorial  district  represented  by  a  hold- 
over senator  there  shall  be  chosen  at  such  primary  election  by  the 
electors  of  every  political  party  one  delegate  to  the  state  convention, 
who  shall  have  nomination  papers  circulated  in  his  behalf,  shall  have 
his  name  placed  upon  the  ballot,  and  shall  be  chosen  in  the  same  man- 
ner as  a  state  senator  is  nominated  from  any  senatorial  district;  but 
no  such  delegate  shall  be  disqualified  by  reason  of  holding  any  office, 
nor  shall  any  filing  fee  be  required  in  order  to  have  his  name  placed 
upon  the  ballot.  The  term  "holdover  senator"  as  herein  used  shall  apply 
to  a  state  senator  whose  term  of  office  extends  beyond  the  first  ^^o)lday 
in  January  of  the  year  next  ensuing  after  the  primary  election,  and  the 
term  "hold-over  senatorial  district"  shall  apply  to  the  district  repre- 
sented by  such  hold-over  senator. 

In  the  event  that  there  shall  not  have  been  filed  any  nomination  paper 
for  a  candidate  for  any  state  office  or  office  of  senator  or  assemblyman 
by  the  electors  of  any  political  party,  the  vacancy  thus  created  in  the 
state  convention  of  such  party  shall  be  filled  as  follows: 

(a)  If  the  vacancy  occurs  in  a  senatorial  or  assembly  district  situated 
wholly  within  the  limits  of  a  single  county  or  city  and  county,  by  ap- 
pointment by  the  newlj^  elected  county  central  committee  of  such  party 
in  such  county  or  city  and  county. 

(b)  If  the  vacancy  occurs  in  a  senatorial  or  assembly  district  com- 
prising two  or  more  counties,  by  appointment  by  the  newly  selected 
chairman  of  the  several  newly  elected  county  central  committees  of 
such  party  in  such  counties. 

(c)  If  the  vacancy  occurs  in  a  state  office,  by  appointment  by  the 
etate  central  committee  of  such  party. 


1115  ELECTIONS.  Act  1010,  §  24 

Such  delegate  so  appointed  shall  present  to  the  convention  credentials 
signed  by  the  fliairniau  and  the  secretary  of  the  appointing  committee, 
or  by  the  appointing  chairman  of  the  several  committees,  as  the  case 
may  be. 

Executive  committee. 

3.  Each  state  central  committee  may  select  an  executive  committee 
to  which  executive  committee  it  may  grant  all  or  any  portion  of  its 
powers  and  duties.  It  shall  choose  its  ofScers  by  ballot  and  each  com- 
mittee and  its  officers  shall  have  the  power  usually  exercised  by  such 
committees  and  the  officers  thereof  in  so  far  as  may  be  consistent  with 
this  act.  The  various  officers  and  committees  now  in  existence  shall 
exercise  the  powers  and  perform  the  duties  herein  prescribed  until  their 
successors   are  chosen  in  accordance  with  the  provisions  of  this  act. 

County  central  committees.     Meeting. 

4.  At  each  August  primary  election  there  shall  be  elected  in  each 
county  or  city  and  county  a  county  central  committee  for  each  political 
party,  which  shall  have  charge  of  the  party  campiaign  under  general 
direction  of  the  state  central  committee  or  of  the  executive  committee 
selected  by  such  state  central  committee.  In  all  counties  or  cities  and 
counties  containing  five  or  more  assembly  districts  the  county  central 
committee  shall  be  elected  by  assembly  districts  and  shall  consist  of 
one  member  for  each  one  thousand  electors  or  fraction  thereof  in  each 
such  assembly  district  registered  as  belonging  to  the  political  party  with 
which  such  electors  are  affiliated  as  shown  by  the  register  of  voters  of 
such  county  or  city  and  county  on  the  first  Monday  of  June  next  pre- 
ceding said  primary  election.  In  all  counties  containing  less  than  five 
assembly  districts  the  county  central  committee  shall  be  elected  by- 
supervisorial  districts,  and  the  number  to  be  elected  from  any  super- 
visorial district  shall  be  determined  as  follows:  the  number  of  electors 
registered  in  any  supervisorial  district  as  intending  to  affiliate  with  any 
political  party  shall  be  divided  by  one-twentieth  of  the  number  of  elec- 
tors registered  in  the  entire  county  as  intending  to  affiliate  with  said 
party,  as  such  registration  exists,  in  each  case,  on  the  first  Monday  of 
June  next  preceding  the  primary  election;  and  the  integer  next  larger 
than  the  quotient  obtained  by  such  division  shall  constitute  the  number 
of  members  of  the  county  central  committee  to  be  elected  by  such  party 
in  said  supervisorial  district.  The  county  clerk  or  registrar  of  voters 
in  each  county  or  city  and  county  shall,  between  the  first  Monday  and 
the  second  Monday  of  June  next  preceding  the  primary  election,  com- 
plete the  number  of  members  of  the  county  central  committee  allotted 
to  each  assembly  district  or  supervisorial  district,  as  the  case  may  be, 
by  the  provisions  of  this  subdivision.  Each  candidate  for  member  of  a 
county  central  committee  shall  appear  upon  the  ballot  upon  the  filing 
of  a  nomination  paper  according  to  the  provisions  of  section  5  of  this 
act,  signed  in  his  behalf  by  the  electors  of  the  political  subdivision  in 


Act  1010,  §§  25-27  GENER.VL   LAWS.  1116 

which  he  is  a  candidate,  as  above  provided;  and  the  number  of  candi- 
dates to  which  each  party  is  entitled,  as  hereinbefore  provided,  in  each 
jwlitical  subdivision,  receiving  the  highest  number  of  votes  shall  be 
declared  elected.  Each  county  central  committee  shall  meet  in  the  court- 
house at  its  county  seat  on  the  second  Tuesday  in  September  following 
the  August  primary  election,  and  shall  organize  by  selecting  a  chairman, 
a  secretary  and  such  other  officers  and  committees  as  it  shall  deem 
necessary  for  carrying  on  the  campaign  of  the  party. 

Candidate  who  filed  no  papers  may  withdraw  name.  Fillins:  racancics. 
§  25.  In  case  as  a  result  of  any  primary  election  a  person  has  rs- 
ceived  a  nomination  to  any  elective  office  without  first  having  filed 
nominating  papers  and  having  his  name  printed  on  the  primary  election 
ballot,  he  may  at  least  thirty  days  before  the  day  of  election  cause  his 
name  to  be  withdrawn  from  nomination  by  fiUng  in  the  office  wtfere  he 
would  have  filed  his  nominating  papers  had  he  been  a  candidate  for 
nomination,  his  request  therefor  in  writing,  signed  by  him  and  acknowl- 
edged before  the  county  clerk  of  the  county  in  which  he  resides,  and  no 
name  so  withdrawn  shall  be  printed  on  the  election  ballot  for  the  en- 
suing general  election.  The  vacancy  created  by  the  withdrawal  of  such 
person  as  aforesaid,  or  on  account  of  the  ineligibility  of  such  person  to 
qualify  as  a  candidate  because  of  the  inhibitions  of  subdivision  8  of  sec- 
tion 5  of  this  act  shall  not  be  filled.  In  all  other  cases  vacancies  occurring 
after  the  holding  of  any  primary  election  may  be  filled  by  the  party  com- 
mittee of  the  city,  county,  city  and  county,  or  state,  as  the  case  may  be, 
unless  such  vacancy  occurs  among  candidates  chosen  at  the  primary  elec- 
tion to  go  on  the  ballot  for  the  succeeding  general  election  for  a  judicial 
school,  county,  or  township  office  according  to  the  jjrovisions  of  section 
23  of  this  act,  in  which  case  that  candidate  receiving  at  said  primary 
election  the  highest  vote  among  all  the  candidates  for  said  oflice  who 
have  failed  to  receive  a  sufficient  number  of  votes  to  get  upon  said  ballot 
according  to  the  provisions  of  said  section  23,  shall  go  upon  said  ballot 
to  fill  said  vacancy. 

Tie  vote. 

§  26.  In  case  of  a  tie  vote,  if  for  an  office  to  be  voted  for  wholly 
within  one  county  or  city  and  county,  the  county,  city  and  county  or 
city  board,  as  the  case  may  be,  shall  forthwith  summon  the  candidates 
who  have  received  such  tie  A-otes  to  appear  before  such  board,  and  such 
board  in  the  presence  of  such  candidates  shall  determine  the  tie  by  lot. 
In  the  case  of  a  tie  vote  for  an  office  to  be  voted  for  in  more  than  ono 
county,  such  tie  shall  be  determined  by  lot  by  the  secretary  of  state 
in  the  presence  of  the  candidates  or  their  legally  appointed  representa- 
tives. Such  summons  must  in  every  case  be  mailed  to  the  address  of 
the  candidate  as  it  appears  upon  his  affidavit  of  registration. 

Correction  of  errors  or  omission. 

§  27.  Whenever  it  shall  be  made  to  appear  by  affidavit  to  the  sn- 
preme  court  or  district  courts  of  api>eal  or  superior  court  of  the  proper 


1117  ELECTIONS.  Act  1010,  §  28 

county  that  an  error  or  omission  has  occurred  or  is  about  to  occur  in 
the  placing  of  any  name  on  an  official  primary  election  ballot,  that  any 
error  has  been  or  is  about  to  be  committed  in  printing  such  ballot,  or 
that  any  wrongful  act  has  been  or  is  about  to  be  done  by  any  judge  or 
clerk  of  a  primary  election,  county  clerk,  registrar  of  voters  in  any 
city  and  county,  canvassing  board  or  any  member  thereof,  or  othei 
person  charged  with  any  duty  concerning  the  primary  election,  or  that 
any  neglect  of  duty  has  occurred  or  is  about  to  occur,  such  court  shall 
order  the  officer  or  person  charged  with  such  error,  wrong  or  neglect 
to  forthwith  correct  the  error,  desist  from  the  wrongful  act  or  perform 
the  duty,  or  forthwith  show  cause  why  he  should  not  do  so.  Any  per- 
son who  shall  fail  to  obey  the  order  of  such  court  shall  be  cited  forth- 
with to  show  cause  why  he  shall  not  be  adjudged  in  contempt  of  court. 

Contest  of  nomination. 

§  28.  Any  candidate  at  a  primary  election,  desiring  to  contest  a 
nomination  of  another  candidate  for  the  same  office,  may,  within  five 
days  after  the  completion  of  the  official  canvass,  file  an  affidavit  in  the 
office  of  the  clerk  of  the  superior  court  of  the  county  in  which  he  de- 
sires to  contest  the  vote  returned  from  any  precinct  or  precincts  in  such 
county,  and  thereupon  have  a  recount  of  the  ballots  cast  in  any  such 
precinct  or  precincts,  in  accordance  with  the  provisions  of  this  section. 
Such  affidavit  must  specify  separately  each  precinct  in  which  a  recount 
is  demanded,  and  the  nature  of  the  mistake,  error,  misconduct,  or  other 
cause  why  it  is  claimed  that  the  returns  from  such  precinct  do  not  cor- 
rectly state  the  vote  as  cast  in  such  precinct,  for  the  contestant  and 
the  contestee.  The  contestee  must  be  made  a  party  respondent,  and  so 
named  in  the  affidavit.  No  personal  service  or  other  service  than  as 
herein  provided  need  be  made  upon  the  contestee.  Upon  the  filing  of 
such  affidavit  the  county  clerk  shall  forthwith  post  in  a  conspicuous  place 
in  his  office,  upon  a  bulletin  board  to  be  prepared  for  that  purpose,  and 
to  have  upon  it  in  conspicuous  letters  the  words  "Notice  of  Primary  Elec- 
tion Contests"  a  copy  of  the  affidavit.  Upon  the  filing  of  such  affidavit 
and  the  posting  of  the  same,  the  superior  court  of  the  county  shall  have 
jurisdiction  of;  the  subject  matter  and  of  the  parties  to  such  contest, 
and  all  candidates  at  any  such  primary  election  are  permitted  to  be  candi- 
dates under  this  act,  upon  the  condition  that  such  jurisdiction  for  the 
purposes  of  the  proceeding  authorized  by  this  section  shall  exist  in  the 
manner  and  under  the  conditions  provided  for  by  this  section.  The  con- 
testant on  the  date  of  filing  such  affidavit,  must  mail  a  copy  thereof  to 
the  contestee  in  a  sealed  envelope,  with  postage  prepaid,  addressed  to 
the  contestee  at  the  place  of  residence  named  in  the  affidavit  of  registra- 
tion of  such  contestee,  and  shall  make  an  affidavit  of  such  mailing  and 
file  the  same  with  the  county  clerk  to  become  a  part  of  the  records  of 
the  contest.  Within  two  days  after  the  expiration  of  the  time  for  filing 
such  affidavits,  the  county  clerk  shall  present  all  such  affidavits  and  proof 
of  posting  as  aforesaid  to  the  judge  of  the  superior  court  of  the  county, 


Act  1010,  §  28  GENERAL   LAWS.  1118 

or  any  judge  acting  in  his  place,  or  the  presiding  judge  of  the  superior 
court  of  a  county  or  city  and  county,  or  anyone  acting  in  his  stead, 
which  judge  shall,  upon  such  presentation,  forthwith  designate  the  time 
and  place  where  such  contest  shall  proceed,  and  in  counties  or  cities 
and  counties  where  there  are  more  than  one  superior  judge,  assign  all 
the  cases  to  one  department  by  the  order  of  such  court.  Such  order  must 
so  assign  such  case  or  cases,  and  fix  such  time  and  place  for  hearing, 
which  time  must  not  be  less  than  one  nor  more  than  three  days  from  the 
presentation  of  the  matter  to  the  court  by  the  county  clerk,  as  herein 
provided.  It  shall  be  the  duty  of  the  contestee  to  appear  either  in  per- 
son or  by  attorney,  at  the  time  and  place  so  fixed,  and  to  take  notice 
of  the  order  fixing  such  time  and  place  from  the  records  of  the  court, 
without  service.  No  special  appearance  of  the  contestee  for  any  pur- 
pose shall  be  permitted,  and  any  appearance  whatever  of  the  contctjtec 
or  any  request  of  the  court  by  the  contestee  or  his  attorney,  shall  be 
entered  as  a  general  appearance  in  the  contest.  No  demurrer  or  objec- 
tion can  be  taken  by  the  contestee  in  any  other  manner  than  by  answer, 
and  all  the  objections  of  the  contestee  must  be  contained  io  his  answer 
in  the  contest.  The  court  if  the  contestee  shall  appear,  must  require 
the  answer  to  be  made  within  three  days  from  the  time  and  place  as 
above  provided,  and  if  the  contestee  shall  not  appear  shall  note  his  de 
fault,  and  shall  proceed  with  all  convenient  speed.  If  the  number  of 
votes  which  are  sought  to  be  recounted,  or  the  number  of  contests  are 
such  that  the  judge  shall  be  of  opinion  that  it  will  require  additional 
judges  to  enable  the  contest  or  contests  to  be  determined  in  time  to  print 
the  ballots  for  the  election,  if  there  be  only  one  judge  for  such  county, 
he  may  obtain  the  service  of  any  other  superior  judge,  and  the  pro- 
ceedings shall  be  the  same  as  herein  provided  in  counties  where  there  is 
more  than  one  superior  court  judge.  If  the  proceeding  is  in  a  county 
or  city  and  county  where  there  is  more  than  one  superior  court  judge, 
the  judge  to  whom  the  case  or  cases  shall  be  assigned,  shall  notify  the 
presiding  judge  forthwith,  of  the  number  of  judges  which  he  deems  neces- 
sary to  participate,  in  order  to  finish  the  contest  or  contests  in  time  to 
print  the  ballots  for  the  primary  election,  and  the  said  presiding  judge 
shall  forthwith  designate  as  many  judges  as  are  necessary  to  such  com- 
pletion of  such  contest,  by  order  in  writing,  and  thereupon  all  of  the 
judges  so  designated  shall  participate  in  the  recount  of  such  ballots  and 
the  giving  of  judgment  in  such  contest  or  contests  in  the  manner  herein 
specified.  The  said  judges  so  designated  by  said  last-mentioned  order, 
including  the  judge  to  whom  said  contests  were  originally  assigned, 
shall  convene  upon  notice  from  the  judge  to  whom  such  contest  or  con- 
tests were  originally  ansigned,  and  agree  upon  the  precincts  which  each 
one  of  such  judges  will  recount,  sitting  separately,  and  thereupon  such 
recount  shall  proceed  before  each  such  judge  sitting  separately,  as  to  the 
precincts  so  arranged,  in  such  manner  that  the  recount  shall  be  made  in 
such  precincts  before  each  such  judge  as  to  all  the  contests  pending,  so 
that  the  ballots  opened  before  one  judge  need  not  be  opened  before  an- 


1119  ELECTIONS.  Act  1010,  §  29 

other  judge  or  department,  and  the  proceedings  before  such  jndge  in  mak- 
ing such  recount  as  to  the  appointment  of  the  clerk  and  persons  necessary 
to  be  assistants  of  the  court  in  making  the  same,  shall  be  the  same  as 
in  contested  elections,  and  the  judge  shall  fix  the  pay  or  compensation 
for  such  persons  and  require  the  payment  each  day  in  advance,  of  the 
amount  thereof  by  the  person  Avho  is  proceeding  with  and  requiring  the 
recount.  When  the  recount  shall  have  been  completed  in  the  manner 
herein  required,  if  more  than  one  judge  has  taken  part  therein,  all  the 
judges  who  took  part  shall  assemble  and  make  the  decision  of  court, 
and  if  there  be  any  differences  of  opinion,  a  majority  of  such  judges  shall 
finally  determine  all  such  questions,  and  give  the  decision  or  judgment 
of  tho  court  in  such  contest  or  contests,  separately.  Such  decision  or 
judgment  of  the  court  shall  be  final  in  every  respect,  and  no  appeal  can 
be  had  therefrom.  The  judgment  shall  be  served  upon  the  county  clerk 
or  registrar  of  voters  by  delivery  of  a  certified  copy  thereof,  ^nd  may 
be  enforced  summarily  in  the  manner  provided  in  section  27  of  this  act, 
and  if  the  contest  proceeds  in  more  than  one  county,  and  the  nominee 
is  to  be  certified  by  the  secretary  of  state  from  the  compilation  of  elec- 
tion returns  in  his  office,  then  the  judgment  in  each  county  shall  show 
what,  if  any  changes  in  the  returns  in  the  office  of  the  secretary  of  state 
relating  to  such  county  or  city  and  county,  ought  to  be  made,  and  all 
such  judgments  shall  be  served  upon  the  secretary  of  state,  by  the  de- 
livery of  a  certified  copy,  and  he  shall  make  such  changes  in  the  record 
in  his  office  as  such  judgment  or  judgments  require,  and  conform  his 
compilation  and  his  certificate  of  nomination  in  accordance  therewith. 

Campaign  expenses. 

§  29.  No  candidate  for  nomination  to  any  elective  office,  including 
that  of  United  States  senator  in  congress,  shall  directly  or  indirectly 
pay,  expend  or  contribute  any  money  or  other  valuable  thing,  or  promise 
so  to  do,  except  for  lawful  expenses.  Lawful  expenses  as  used  in  this 
section  are  limited  to  expenses  for  the  following  purposes  only: 

1.  For  the  candidate's  official  filing  fee. 

2.  For  the  preparing,  printing,  circulating,  and  verifying  of  nomination 
papers. 

3.  For  the  candidate's  personal  traveling  expenses. 

4.  For  rent  and  necessary  furnishing  of  halls  or  rooms,  during  such 
candidacy,  for  public  meetings  or  for  committee  headquarters. 

5.  For  payment  of  speakers  and  musicians  at  public  meetings  and  their 
necessary  traveling  expenses. 

6.  For  printing  and  distribution  of  pamphlets,  circulars,  newspapers, 
cards,  handbills,  posters  and  announcements  relative  to  candidates  or 
political  issues  or  principles. 

7.  For  his  share  of  the  reasonable  compensation  of  challengers  at  the 
polls. 

8.  For  making  canvassers  of  voters. 

9.  For  clerk  hire. 


Act  1010,  §§  30-32  GENERAL  LAWS.  1120 

10.  For  conveying  infirm  or  disabled  voters  to  and  from  the  polls. 

11.  For  postage,  expressage,  telegraphing,  and  telephoning,  relative  to 
candidacy. 

Verified  statement  of  expenses,  etc.     With  whom  filed. 

§  30.  Every  person  who  shall  be  a  candidate  for  nomination  to  any 
elective  oflSce,  including  that  of  United  States  senator  in  congress,  shall 
make  in  duplicate,  within  fifteen  days  after  the  primary  election,  a  veri- 
fied statement,  setting  forth  each  and  every  sum  of  money  contributed, 
disbursed,  expended  or  promised  by  him,  and,  to  the  best  of  his  knowl- 
edge and  belief,  by  any  and  every  other  person  or  association  of  persons 
in  his  behalf  wholly  or  partly  in  endeavoring  to  secure  his  nomination. 
This  statement  must  show  in  detail  all  moneys  paid,  loaned,  contributed, 
or  otherwise  furnished  to  him  directly  or  indirectly  in  aid  of  his  election, 
together»with  the  name  of  the  person  or  persons  from  whom  such  moneys 
were  received;  and  must  also  show  in  detail,  under  each  of  the  sub- 
divisions of  section  29  of  this  act,  all  moneys  contributed,  loaned,  or  ex- 
pended by  him  directly  or  indirectly  by  himself  or  through  any  other 
person,  in  aid  of  his  election,  together  with  the  name  of  the  person  or 
persons  to  whom  such  moneys  were  paid,  or  disbursed.  Such  statemcjit 
must  set  forth  that  the  affiant  has  used  all  reasonable  diligence  in  its 
preparation,  and  that  the  same  is  true  and  is  as  full  and  explicit  as  he 
is  able  to  make  it.  Within  the  time  aforesaid  the  candidate  shall  file 
one  copy  of  said  statement  with  the  officer  with  whom  his  nomination 
papers  were  filed,  and  the  other  with  the  recorder  of  the  county  or  city 
and  county  in  which  he  resides,  who  shall  record  the  same  in  a  book 
to  be  kept  for  that  purpose,  and  to  be  open  to  public  inspection.  No 
officer  shall  issue  any  certificate  of  nomination  to  any  person  until  such 
statement  as  herein  provided  has  been  filed,  and  no  other  statement  of 
expenses  shall  be  required  except  that  provided  herein,  and  no  fee  or 
charge  whatsoever  shall  be  made  or  collected  by  any  oflicer  herein  speci- 
fied for  the  filing  of  such  statements  or  a  copy  thereof. 

Penalty. 

§  31.  Any  person  violating  any  of  the  provisions  of  section  29  or  sec 
tion  30  of  this  act  shall  be  guilty  of  a  misdemeanor,  and  upon  trial  and 
conviction  thereof,  in  addition  to  the  sentence  imposed  by  the  court,  he" 
shall  forfeit  all  right  to  the  office  for  which  he  was  a  candidate  at  the 
time  of  violating  the  provisions  aforesaid. 

Bribes.    Penalty. 

§  32.  1.  Any  person  who  shall  offer,  or  with  knowledge  of  the  same 
permit  any  person  to  offer  for  his  benefit,  any  bribe  to  a  voter  to  induce 
such  voter  to  sign  any  nomination  paper,  and  any  person  who  shall  accept 
such  bribe  or  any  promise  of  gain  of  any  kind  in  the  nature  of  a  bribe 
as  consideration  for  signing  any  nomination  paper,  whether  such  bribe 
or  promise  of  gain  in  the  nature  of  a  bribe  be  offered  or  accepted  before 


1121  ELECTIONS.  Act  1010,  §§  33-36 

or  after  signing,  shall  be  guilty  of  a  misdemeanor  and  upon  trial  and 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than  twenty- 
five  dollars  nor  more  than  three  hundred  dollars,  or  by  imprisonment  in 
the  county  jail  for  not  less  than  ten  days  nor  more  than  one  hundred 
and  twenty  days,  or  by  both  such  fine  and  imprisonment. 

Failure  to  file  nomination  papers. 

2.  Any  person  who,  being  in  possession  of  any  nomination  paper  or 
papers  and  affidavits  entitled  to  be  filed  under  the  provisions  of  this 
act,  shall  wrongfully  either  suppress,  neglect  or  fail  to  cause  the  same 
to  be  filed  at  the  proper  time  and  in  the  proper  place  shall  be  guilty 
of  a  misdemeanor,  and  upon  trial  and  conviction  thereof  shall  be  punished 
by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than  five  hun- 
dred dollars,  or  by  imprisonment  in  the  county  jail  for  not  less  than 
thirty  days  nor  more  than  six  months,  or  by  both  such  fine  and  imprison- 
ment. 

Other  offenses. 

3.  Any  act  or  omission  declared  to  be  an  offense  by  the  general  laws 
of  this  state  concerning  primaries  and  elections  shall  also  in  like  case 
be  an  offense  concerning  primary  elections  as  provided  for  by  this  act, 
and  shall  be  punished  in  the  same  manner  and  form  as  therein  provided, 
and  all  the  penalties  and  provisions  of  the  law  governing  elections,  ex- 
cept as  herein  otherwise  provided,  shall  apply  in  equal  force  to  primary 
elections  as  provided  for  by  this  act. 

Secretary  of  state  to  prepare  forms. 

§  33.  It  shall  be  the  duty  of  the  secretary  of  state  and  the  attorney 
general  to  prepare  on  or  before  August  1,  1913,  all  forms  necessary  to 
carry  out  the  provisions  of  this  act,  which  forms  shall  be  substantially 
followed  in  all  primary  elections  held  in  pursuance  hereof. 

Title  of  act. 

§  34.     This  act  shall  be  known  as  the  direct  primary  law. 

Constitutionality  of  act. 

§  35.  If  any  section,  subdivision,  sentence,  clause,  or  phrase  of  this 
act  is  for  any  reason  held  to  be  unconstitutional,  such  decision  shall  not 
affect  the  validity  of  the  remaining  portions  of  this  act.  The  legislature 
hereby  declares  that  it  would  have  passed  this  act,  and  each  section,  sub- 
division, sentence,  clause,  and  phrase  thereof,  irrespective  of  the  fact 
that  any  one  or  more  other  sections,  subdivisions,  sentences,  clauses,  or 
phrases  be  declared  unconstitutional. 

Repeal. 

§  36.     The  act  approved   April   7,  1911,  known  as  the   direct  primary 
law,  and  also  the  act  approved  December  24,  1911,  amending  sections  1, 
3,  5,  7,   10,   12,  13,   22,  23,  and  24   of  the   said   direct  primary  law,   are 
71 


Acts  1013,  1020  GENERAL   LAWS.  1122 

hereby  repealed;  and  all  other  acts  or  parts  of  acts,  inconsistent  with  or 
in  conflict  with  the  provisions  of  this  act,  are  also  hereby  repealed. 

ACT  1013. 

An  act  to  provide  for  and  regulate  primary  elections  and  providing  the 
method  whereby  electors  of  political  parties  may  express  their  choice 
at  such  primary  elections  for  United  States  senator.  [Approved 
March  24,  ]9t)9.     Stats.  1909,  p.  691.] 

Repealed  April   7,   1911;    Stats.   1911,   pp.   769,   795. 
See  ante,  Act   1009. 

Citations.      Cal.   155/780,    781;    157/319,    320,   321,    399,   400;    158/161,    162, 
163,  219. 

ACT  1020. 

Creating  a  state  commission  in  voting  or  balloting  machines,  defining 
their  powers,  and  providing  for  the  use  at  the  option  of  indicated 
local  authorities  of  voting  or  ballot  machines  for  receiving  and  regis- 
tering the  vote  in  one  or  more  precincts  of  any  county,  or  city  and 
county,  city  or  town,  at  any  or  all  elections  held  therein,  and  for 
ascertaining  the  result  at  such  elections;  and  providing  for  the 
punishment  of  all  violations  of  the  provisions  of  this  act. 

[Stats.  1903,  p.  262.] 
Amended    1907,    p.    288;    1907,   p.    644;    Supp.    1907,   p.    647;    1911,   p.    980; 
Ex.  Sess.  1911,  p.  244;   1913,  p.  691. 

The  amendments  of  1911  and  1913  are  as  follows: 

Supervisors  may  provide  for  use  of  voting  machines.  Machine  not  per- 
mitting straight  party  ticket. 
§  2.  The  board  of  supervisors,  or  other  board  having  charge  and 
control  of  elections  in  each  of  the  counties,  and  cities  and  counties, 
cities  or  towns  of  the  state,  may,  at  any  regular  meeting,  or  at  any 
special  meeting  called  for  the  purpose,  provide  for  and  require  the  use 
of  a  voting  or  ballot  machine,  or  machines,  for  receiving  and  registering 
the  vote  at  any  or  all  elections  held  in  such  county,  city  and  county, 
city  or  town,  respectively,  or  in  any  one  or  more  precincts  thereof,  and 
every  such  board  of  supervisors,  or  other  board  having  charge  and  con- 
trol of  elections  in  each  of  the  counties,  and  cities  and  counties,  cities 
or  towns  of  the  state,  may  determine  upon  and  require  the  use  of  voting 
or  ballot  machines  at  any  and  all  elections  to  be  held  within  such  county, 
city  and  county,  city  or  town  of  the  state,  or  in  any  one  or  more  pre- 
cincts thereof,  and  thereupon  the  voting  or  ballot  machine  or  machines 
so  determined  upon  and  required  shall  be  used  in  voting  for  all  public 
oflBcers,  or  candidates  for  nomination  to  public  office,  to  be  voted  for  by 
the  voters  of  such  counties,  cities  and  counties,  cities  or  towns  of  the 
state,  or  in  the  precinct  or  precincts  thereof  for  which  the  same  shall 
have  been  so   determined   upon   and  required,   and   also   in   voting  upon 


1123  ELECTIONS.  Act  1020,  §  4 

all  amendments  to  the  constitution,  and  upon  all  laws  or  propositions 
or  questions  whi<^h  may  be  lawfully  submitted  to  such  voters,  and  for 
receiving  and  registering  the  votes  cast  at  any  and  every  such  election. 
Any  such  board  so  authorized  to  provide  for  and  require  the  use  of  a 
voting  or  ballot  machine  as  hereinbefore  specified,  may,  if  the  machine 
has  been  approved  as  in  this  act  required,  at  its  option  resolve  to  pro- 
vide and  use  only  such  a  voting  or  ballot  machine  so  constructed  and 
arranged  that  the  voting  or  ballot  machine  will  not  permit  of  voting  a 
straight  party  ticket,  or  for  any  candidate,  by  any  other  method  than 
by  turning  or  pushing  the  keys  separately  of  each  voting  space,  for  each 
separate  candidate  voted  for.  Party  nomination  may  be  designated  by 
usual  or  reasonable  abbreviation  of  party  names.  [Amendment  aijproved 
April  21,  191J;  Stats.  1911,  p.  980.] 

Facilities  for  voting  required  before  approval.  Separate  device  for  each 
candidate.  Straight  ticket  mechanism.  Arrangement  of  ballot. 
§  4.  No  voting  or  ballot  machines  shall  be  approved  by  the  said  board 
unless  the  same  be  so  constructed  as  to  provide  facilities  for  voting  for 
the  candidates  of  as  many  different  parties  or  organizations  as  may  make 
nominations  for  office,  and  for  and  against  as  many  different  propositions 
or  amendments  as  may  be  submitted,  nor  shall  any  such  machine  be  ap- 
proved unless  the  same  will  permit  a  voter  to  vote  for  any  person  for 
any  office;  it  must  enable  the  voter  to  vote  and  select  a  ticket  all  from 
the  nominees  of  one  party,  or  a  ticket  selected  in  part  from  the  nominees 
of  one  party,  and  in  part  from  the  nominees  of  any  or  all  other  parties, 
and  in  part  from  independent  nominations,  or  in  part  or  in  whole  of  the 
names  of  persons  not  nominated  by  any  party  or  upon  any  independent 
ticket;  such  machines  must  also  secure  to  the  voter,  privacy  and  secrecy 
in  the  act  of  voting;  such  machines  must  also  be  so  constructed  that  a 
voter  cannot  vote  for  a  candidate  or  a  proposition  or  amendment  for 
whom  or  on  which  he  is  not  lawfully  entitled  to  vote,  also  to  prevent 
voting  for  more  than  one  person  for  the  same  office,  except  in  cases 
where  the  voter  is  lawfully  entitled  to  vote  for  more  than  one  person 
for  the  same  office,  in  which  event  they  must  enable  the  voter  to  vote 
for  as  many  persons  for  that  office  as  he  is  by  law  entitled  to  vote,  and 
no  more;  they  must  also  prevent  his  voting  more  than  once  for  the  same 
person  for  the  same  office;  and  allow  of  his  reversing  his  vote  in  case  of 
mistake  or  desire  to  change;  and  such  machines  must  be  so  constructed 
that  all  votes  cast  for  any  person  voted  for,  or  for  or  against  any  propo- 
sition or  amendment  submitted  to  the  voters,  shall  be  accurately  regis- 
tered or  recorded,  and  any  machine  to  be  approved  by  said  board  must 
be  of  such  kind,  style  or  pattern  as  will  permit  the  exercise  by  each  voter 
of  the  full  right  and  privilege  of  his  elective  franchise  under  the  con- 
stitution and  laws  of  this  state.  All  voting  machines  approved  by  the 
state  commission  shall  have  a  separate  voting  device  for  each  candidate 
appearing  on  the  ballot.  Such  machines  may  also  have  thereon  a  straight 
ticket  device  for  each  of  the  parties  for  voting  a  straight  ticket  vote  for 


Act  1020,  §  5  GENERAL  LAWS.  1124 

candidates  of  such  party;  but  if  so  equipped  with  separate  straight  ticket 
voting  devices,  such  separate  straight  ticket  voting  device  must  be 
locked  out  of  operation.  Machines  which  have  been  approved  with  such 
straight  ticket  mechanism  thereon  may  bo  used  in  elections  with  such 
mechanism  rendered  inoperative,  and  machines  with  such  straight  ticket 
mechanism  entirely  removed  therefrom,  or  machines  which  omit  a  party 
designation  of  candidates  by  column  or  line  which  have  been  approved, 
may  be  used  in  such  elections,  and  the  omission,  removal,  or  locking  out 
of  operation  of  such  straight  voting  mechanism  from  the  machine  that 
has  otherwise  been  approved  bj"^  the  commission,  need  not  require  a  fur- 
ther examination  and  approval  of  a  machine  of  that  type.  The  ballot 
at  any  election,  whether  general,  primary,  municipal,  or  otherwise,  shall 
be  arranged  upon  the  voting  machine  as  to  the  order  of  offices,  order  of 
candidates'  names,  and  in  otlier  respects  for  such  election,  as  required 
by  the  law  prescribing  tlie  form  and  order  of  the  ballot  for  such  election; 
provided,  however,  that  blank  spaces  for  the  writing  in  of  the  names  of 
candidates  or  delegates  or  persons  to  be  voted  for,  whose  names  are  per- 
mitted to  be  written  upon  a  ballot  or  pasted  thereon  by  adhesive  sub- 
stance, under  the  law  prescribing  the  form  of  the  ballot,  for  the  election, 
need  not  follow  in  the  same  order  or  place  or  places,  upon  a  voting 
machine,  as  is  prescribed  in  the  law  prescribing  the  form  of  ballot  for 
the  election,  if  the  said  voting  machine  be  so  constructed  and  capable 
of  operation  that  all  jiersons  wlio  by  the  law  prescribing  the  form  of 
ballot  for  the  election  are  entitled  to  he  voted  for  by  writing  in  the  name 
of  such  person,  or  pasting  thereon  the  name  of  such  person  by  adhesive 
substance,  may  be  voted  for  by  and  upon  said  voting  machine,  and  such 
votes  counted  and  returned  as  fully,  correctly  and  effectually  as  might 
have  been  done  by  the  use  of  the  form  of  ballot  prescribed  by  law  for 
the  election,  in  case  no  voting  machine  had  been  used..  The  ballot  may 
be  placed  upon  the  machine  so  the  columns  will  extend  either  vertically 
or  horizontally,  if  in  all  other  respects  save  as  to  the  said  blank  spaces 
the  ticket  is  in  the  form  and  order  which  would  exist  if  the  election  were 
held  bv  ballot  and  without  a  voting  machine.  [Amendment  approved 
January  22,  1912;  Stats.  Ex.  Sess.  1911,  p.  244.] 

Also   amended  April   21,    1911;    Stats.    1911,  p.   981. 

Supervisors  to  furnish  machines,  etc. 

§  5.  The  board  of  supervisors  or  other  board  having  charge  and  con- 
trol of  elections  adopting  a  voting  or  ballot  machine  shall,  as  soon  as 
practicable  tJiereafter,  provide  for  such  polling  place  or  places,  as  they 
may  determine,  one  or  more  voting  machines  in  complete  working  order 
and  also  such  other  accessories  as  may  be  required  for  the  practical 
working  of  the  machine,  and  shall  thereafter  preserve  and  keep  the 
machines  in  repair,  and  shall  have  custody  of  the  furniture  and  equip- 
ment. If  it  shall  be  impracticable  to  supply  each  and  everv  election 
precinct  with  voting  or  ballot  machine  or  machines  at  any  election  fol- 
lowing such  adoption,  as  many  may  be  supplied  as  it  is  practicable  to 


1125  ELECTIONS.  Act  1020,  §  6 

procure,  and  the  same  may  be  used  in  such  election  precincts  within  the 
count}',  or  city  and  county,  city  or  town,  as  the  board  having  control 
may  direct.  Where  the  board  having  charge  and  control  of  elections,  is 
not  the  board  having  control  of  appropriations  of  money  generally  for 
the  territory,  but  receives  its  appropriation  from  the  board  of  super- 
visors, or  board  having  control  of  appropriations  of  money  generally 
for  the  territory;  then  and  in  such  event  the  board  of  supervisors  or 
board  having  control  of  appropriations  of  money  generally,  for  the  ter- 
ritory represented  by  such  board  so  having  charge  and  control  of  elec- 
tions, shall  have  exclusive  power  to  purchase  or  otherwise  provide  voting 
or  ballot  machines  for  use  in  such  territory.  The  board  of  supervisors 
or  board  having  control  of  the  finances  of  any  county,  city  and  county,  or 
political  subdivision,  shall  have  power  to  sell,  lease,  alter,  exchange,  or 
otherwise  at  its  discretion  dispose  of  any  voting  machine  or  voting  ma- 
chine appliances  owned  by  such  county,  or  city  and  countv.  [Amend- 
ment adopted  April  21,  1911;  Stats.  1911,  p.  982.] 

Election  supplies  to  be  furnished  not  later  than  twenty-four  hours  pre- 
ceding election. 
§  6.  The  county  clerk,  registrar  of  voters,  or  city  or  town  clerk,  as 
the  case  may  be,  shall  not  later  than  twenty-four  hours  next  preceding 
the  election,  cause  to  be  delivered  to  one  of  the  inspectors  of  election, 
duly  appointed,  at  his  residence,  all  necessary  supplies,  stationery,  blank 
forms,  poll  and  tally  lists,  and  instructions  to  voters,  necessary  and 
proper  to  the  conduct  of  the  election  and  to  the  counting  and  canvassing 
of  the  votes,  and  the  return  thereof,  which  forms,  blanks,  lists,  and  other 
stationery  shall  have  been  previously  prepared  by  the  said  county  clerk, 
registrar  of  voters,  or  city  or  town  clerk,  as  the  case  may  be,  in  such 
manner  as  to  be  adapted  to  the  conducting  and  returning  of  such  election 
by  such  voting  or  ballot  machines  as  are  used  at  the  election.  The 
supplies  previously  mentioned  to  be  delivered  to  such  inspector,  shall, 
in  addition  to  all  other  necessary  forms,  lists,  or  blanks,  include  one 
card  stating  the  penalty  for  tampering  with  or  injuring  a  voting  machine; 
two  seals  for  sealing  voting  machines;  one  envelope  in  which  the  keys 
to  the  voting  machine  are  sealed,  said  envelope  to  have  printed  or  written 
thereon  the  number  and  location  of  the  election  precinct  in  which  the 
machine  is  to  be  used,  the  number  of  the  machine,  the  number  shown 
on  the  protective  counter  thereof,  after  the  machine  has  been  prepared 
for  the  election,  and  any  designation  that  may  be  on  such  seal  as  the 
machine  is  sealed  with.  Said  envelope  to  have  attached  to  it  a  detach- 
able receipt  for  the  delivery  of  the  keys  of  the  voting  machine  to  the 
inspector  of  the  election  at  his  residence;  one  envelope  in  which  the 
keys  to  the  voting  machine  can  be  returned  by  the  inspectors  after  the 
election;  one  card  stating  the  name  and  telephone  address  of  the  super- 
intendent for  the  day  of  election;  two  diagrams  of  the  voting  face  of 
the  machine  as  appears  after  the  ballot  label  showing  the  titles  of  the 
offices  and  the  names  of  the  candidates,  and  statement  of  propositions, 


Act  1020,  §§  7,  8  GENER.M.   LAWS.  1126 

together  with  the  voting  indicators  for  each,  shall  have  been  inserted 
in  the  voting  machine,  and  also  suitable  printed  instructions  for  the 
guidance  of  the  board  of  election.  [Amendment  approved  April  21,  1911; 
Stats.  1911,  p.  983.] 

Designation  of  voting  machine  instructors  and  instruction  of  election 
officers.  Certificates  of  competency.  Preferences  to  persons  holding 
certificates. 
§  7.  At  least  twenty  days  before  any  election,  other  than  a  special 
election,  at  which  voting  machines  are  to  be  used  in  any  political  sub- 
division, the  county  clerk,  registrar  of  voters  or  city  or  town  clerk,  as 
the  case  may  be,  shall  designate  one  or  more  deputies,  to  be  provided  by 
the  board  having  charge  and  control  of  elections,  who  are  competent  for 
the  purpose,  as  voting  machine  instructors,  and  shall  cause  one  or  more 
voting  machines  of  the  type  to  be  used  at  the  election,  to  be  set  up  in 
his  office,  for  the  purpose  of  having  such  voting  machine  instructors  give 
instructions  to  persons  applying  to  serve  as  election  officers  at  the  ensuing 
election,  and  shall  also  publish  notice  in  one  or  more  daily  or  weekly 
newspapers,  in  such  political  subdivision,  if  any  is  there  published,  stat- 
ing that  instructions  will  be  given  at  such  office,  (stating  the  location 
thereof)  as  to  the  use  of  voting  machines,  to  all  persons  otherwise  quali- 
fied, who  shall  apply  to  serve  as  election  officers,  at  the  ensuing  election, 
and  requesting  qualified  persons  to  attend  at  such  office  and  apply  to 
serve,  and  take  such  instructions.  Such  notice  may  also  be  sent  by  mail 
to  all  such  persons  as  the  said  county  clerk,  registrar  of  voters  or  city 
or  town  clerk,  may  deem  likely  to  take  the  same.  Such  voting  machine 
instructors  shall  give  such  instructions  to  those  who  apply  (subject  to 
the  control  of  the  clerk  or  registrar  of  voters,  that  too  great  a  number 
from  a  given  precinct  need  not  be  instructed)  and  shall  report  the  result 
to  such  clerk  or  registrar  of  voters,  and  such  clerk  or  registrar  of  voters, 
if  satisfied  with  the  report,  may  issue  a  certificate  of  competency  to  such 
person,  and  shall  enter  the  name  of  such  person  in  the  proper  book,  by 
precincts,  with  the  residence  of  such  person  and  the  date  of  certificate 
of  competency,  and  mail  such  certificate  to  such  person  at  the  address 
shown  b}'  his  application  or  registration.  In  making  up  a  recommenda- 
tion of  names  of  persons  suitable  for  election  officers,  the  clerk  or  regis- 
trar of  voters,  shall,  where  the  person  is  otherwise  qualified  and  able  to 
serve,  prefer  the  persons  in  each  precinct,  who  have  received  such  a 
certificate,  and  the  persons  thus  shown  in  such  recommendation  shall  be 
appointed  as  election  officers  in  the  proper  precincts,  and  unless  they  fail 
to  appear  and  be  sworn  or  are  excused  for  cause,  by  the  clerk  or  registrar 
of  voters,  shall  serve  as  an  election  officer  at  the  election.  [Amendment 
approved  June  11,  1913;  Stats.  1913,  p.  691.] 

Also   amended  April  21,   1911;    Stats.   1911,   p.   983. 

Duties  of  precinct  boards. 

§  8.     The  precinct  board  of  election  of  each  precinct  shall  meet  at  the 
polling  place  therein,  at  least  one  hour  before  the  time  set  for  the  open- 


1127  ELECTIONS.  Act  1020,  §  8 

ing  of  the  polls  at  each  election,  and  shall  proceed  to  arrange  within  the 
guard  rail  the  furniture,  stationery,  and  voting  or  ballot  machine  for 
the  conduct  of  the  election.  The  inspectors  of  election  shall  then  and 
there  have  the  voting  or  ballot  machine,  instructions  to  voters,  and 
stationery  required  to  be  delivered  to  them  for  such  election.  The  in- 
spector shall  thereupon  cause  at  least  two  instruction  cards  to  be  posted 
conspicuously  within  the  polling  place.  They  shall  see  that  the  model, 
if  such  model  is  furnished,  is  placed  where  each  voter  can  conveniently 
operate  it  and  receive  instructions  thereon  as  to  the  manner  of  voting 
before  entering  the  machine.  They  shall  post  one  diagram  inside  the 
polling-room  and  one  outside,  in  places  where  the  voters  can  conveniently 
examine  them.  They  shall  see  that  the  lantern  or  other  means  provided 
for  giving  light  is  in  such  a  condition  that  the  voting  machine  is  suffi- 
ciently lighted  to  enable  voters  to  readily  read  the  names  on  the  ballot 
labels.  They  shall  see  that  the  ballot  labels  are  in  their  proper  places 
on  the  machine.  They  shall  open  the  counting  compartment  of  the 
voting  machine  in  the  presence  of  the  public  and  the  members  of  the 
board  of  election,  before  the  opening  of  the  polls,  and  inspect  the  re- 
cording dials  of  such  machine,  and  see  that  each  counter  number  on 
each  dial  for  a  candidate  is  set  at  zero  (000)  and  make  a  certificate  sub- 
stantially in  the  form  hereinafter  provided.  If  any  counter  number  upon 
such  dial  for  any  candidate  is  found  not  to  register  zero  (000),  a  state- 
ment of  the  actual  register  of  such  counter  number,  together  with  the 
designating  number  of  said  dial  and  letter,  shall  be  made  and  signed 
by  the  election  board  as  to  every  such  dial  number,  so  found  registered 
above  zero  (000).  In  such  event,  in  each  separate  case,  the  number  so 
found  above  zero  (000)  upon  the  dial  of  any  particular  candidate  must 
be  deducted  from  the  total  vote  of  such  candidate  as  shown  upon  that 
counter  number  at  the  close  of  the  polls.  The  tally  sheet  shall  have 
plainly  printed  thereon,  so  as  to  occupy  an  entire  page  thereof,  a  state- 
ment and  certificate  substantially  in  the  following  form: 

Notice  to  Election  Officers. 
The  board  of  election  shall  before  opening  the  polls,  open  the  counting 
compartment  of  the  voting  machine  in  the  presence  of  the  public  and 
the  numbers  of  the  board  of  election,  and  inspect  the  recording  dials  of 
such  machine,  and  see  that  each  counter  number  on  each  dial  for  a 
candidate  is  set  at  zero  (000)  and  make  a  certificate  substantially  in 
the  form  below  provided.  If  any  counter  number  upon  such  dial  for 
any  candidate  is  found  not  to  register  zero  (000),  a  statement  of  the 
actual  register  of  such  counter  number,  together  with  the  designating 
number  of  such  dial  and  letter,  shall  be  made  and  signed  by  the  election 
board  as  to  every  such  dial  number  so  found  registered  above  zero  (000). 
In  such  event,  in  each  separate  case,  the  number  so  found  above  zero 
(000)  upon  the  dial  of  any  particular  candidate  must  be  deducted  from 
the  total  vote  of  such  candidate,  as  shown  upon  that  counter  number 
at  the  close  of  the  polls. 


Act  1020,  §  10 


GENERAL   LAWS. 


1128 


Certificate. 
We,  the  undersigned  members   of   the   election   board   of  election   pre- 
cinct No.  ,  hereby  certify  that  the  following  statement  is  a  correct 

statement  of  all  counter  number  dials  upon  the  voting  machine  ov 
machines  used  at  said  precinct,  which  were  found  to  have  the  counter 
number  upon  any  dial  thereon  registered  above  zero  (000),  as  found  by 
an  examination  and  inspection  made  by  said  election  board  at  said 
precinct  before  the  opening  of  the  polls  and  in  the  manner  provided 
by  law,  and  that  the  name  of  each  candidate  affected  thereby  is  berein- 
below  respectively  and  separately  stated,  together  with  each  such  sepa- 
rate dial  number  and  each  such  separate  letter  of  such  respective  dial, 
and  the  number  so  registered  above  zero  (000),  upon  any  such  respective 
counter  dial,  and  also  the  number  of  votes  shown  upon  any  such  re- 
spective counter  dial  at  the  close  of  the  polls,  together  with  the  total 
vote  received  by  any  such  candidate  so  affected,  after  deducting  from 
such  total  vote  the  number  so  found  registered  above  zero  (000)  upon 
the  counter  number  dial  of  such  respective  candidate  or  candidates: 


Nana. 

Dial 

number. 

Letter. 

Counter 
ragister  at 

openinc 

cf  polli 
above  zero 

(000). 

Connter 
regiater 
at  close* 
•  f  poll*. 

Total  Tof« 
receired. 

Signed: 


-,  Inspector. 
-,  Inspector. 
-,  Judge. 
-,  Judge. 


[Amendment  approved  April  21,  1911;  Stats.  1911,  p.  984.] 

Instructing  voter  in  operation  of  machine.  Voting  secret.  Time  voter 
may  remain  within  machine  booth. 
§  10.  After  the  opening  of  the  polls,  the  inspectors  shall  not  allow 
any  voter  to  pass  within  the  guard  rail  until  they  ascertain  that  he  is 
duly  entitled  to  vote.  Before  each  voter  enters  the  voting  machine,  the 
inspectors  of  election  shall,  so  far  as  possible,  inform  him  how  to  oper- 
ate the  machine,  and  illustrate  same  upon  the  model  of  the  machine, 
if  any  be  furnished,  and  call  his  attention  to  the  diagram.  If  any  voter 
shall,  after  entering  the  voting  machine,  ask  fcr  information  regarding 
its   operation,   the   inspectors   of   election   shall   give   him  such   necessary 


1129  ELECTIONS.  Act  1020,  §  11 

information.  The  operation  of  voting  b}'  an  elector,  while  voting,  shall 
be  secret  and  obscured  from  all  other  persons  except  as  provided  in 
cases  of  voting  by  assisted  electors.  At  any  election  at  which  the 
number  of  officers  to  be  elected  plus  the  number  of  propositions  or 
amendments  to  be  voted  on  shall  together  make  a  total  of  fifteen  or 
less,  no  voter  shall  remain  within  the  voting  or  ballot  machine  booth 
longer  than  two  minutes,  and  if  he  shall  refuse  to  leave  it  after  the 
lapse  of  two  minutes,  he  may  be  removed  by  the  inspectors.  At  any 
election  at  which  the  number  of  officers  to  be  elected  plus  the  number 
of  propositions  or  amendments  to  be  voted  on  shall  together  make  a 
total  of  more  than  fifteen,  no  voter  shall  remain  within  the  voting  or 
ballot  machine  booth  longer  than  three  minutes,  and  if  he  shall  refuse 
to  leave  it  after  the  lapse  of  three  minutes  he  may  be  removed  by  the 
inspectors.  The  inspectors  of  election  shall  occasionally  examine  the 
face  of  the  machine  and  the  ballot  labels  to  determine  if  same  have 
been  injured  or  tampered  with.  No  vote  cast  in  the  irregular  or  blank 
column  shall  be  counted  for  a  person  whose  name  is  printed  upon  the 
ballot  or  face  of  the  machine  as  a  candidate  for  the  same  office  for 
which  he  is  voted  in  the  irregular  or  blank  column.  All  voters  in  the 
polling  place  or  standing  in  line  entitled  to  vote,  at  the  hour  for  closing 
the  polls,  must  be  permitted  to  vote.  [Amendment  approved  April  21, 
1911;  Stats.  1911,  p.  986.] 

Canvass  of  votes. 

§  11.  As  soon  as  the  polls  of  the  election  are  closed  the  inspectors 
of  election  thereat  shall  immediately  lock  the  voting  or  ballot  machine 
against  voting,  and  in  the  presence  and  full  view  of  the  public  who  may 
be  lawfully  within  the  polling  place,  proceed  to  demonstrate  and  declare 
the  result  of  such  election  as  registered  or  recorded  or  received  by  the 
machine,  (subject  to  any  legal  deductions  made  under  the  provisions  of 
section  8  of  this  act)  in  the  following  manner:  One  of  the  inspectors 
shall,  under  the  scrutiny  of  the  other  inspector,  of  a  different  political 
party,  in  the  order  of  the  offices  as  their  titles  are  arranged  on  the 
machine,  commencing  with  the  first  party  or  top  column,  or  commence- 
ment of  the  ticket  as  arranged,  announce  in  distinct  tones  to  the  clerks 
of  election,  the  designating  number  and  letter  of  each  counter,  and  the 
vote  registered  thereon,  and  the  clerks  of  election  shall  correctly  record 
each  announcement  so  made  upon  separate  respective  tally  sheets  pro- 
vided for  that  purpose,  before  another  announcement  is  made  by  the 
inspector.  The  said  inspector  shall  then  in  like  manner  announce  the 
vote  recorded  for  each  office  on  the  irregular  ballot,  and  the  election 
clerks  shall  in  like  manner  record  the  same.  The  inspector  shall  then 
also  in  like  manner  announce  the  vote  on  each  question  or  proposition 
submitted  at  the  election,  and  the  clerk  shall  in  like  manner  record 
the  same.  The  canvass  of  each  office  shall  be  completed  before  pro- 
ceeding to  the  next,  and  the  vote  as  announced  shall  be  written  by  the 
clerks  in  ink  on  the  two  tally  lists  provided  therefor  in  the  same  order. 


Act  1020,  §§  14,  16  GENERAL   LAWS.  1130 

After  completing  and  writii^g  down  the  canvass,  in  the  manner  afore- 
said, the  inspectors  of  election  shall  verify  the  same  by  comparing  the 
figures  on  the  tally  lists  with  the  figures  on  the  counters  in  the  ma- 
chine, and  the  names  recorded  on  or  in  the  device  for  voting  for  persons 
not  nominated,  and  also  with  the  result  registered  on  the  machine  as 
to  the  vote  upon  questions  or  propositions,  and  in  making  such  com- 
parison and  verification,  one  of  the  inspectors  shall  again  distinctly 
announce  and  re-call  aloud  the  vote  registered  upon  each  counter.  The 
board  of  election  shall  then  certify  in  the  appropriate  place  on  the 
tally  list,  as  to  the  number  of  voters  that  voted  at  the  election,  as  shown 
by  the  poll  lists,  and  by  the  number  registered  on  the  public  counter, 
and  the  number  registered  on  the  protective  counter,  and  the  number 
or  other  designating  mark  on  the  seal  with  which  the  machine  has  been 
sealed,  together  with  other  information  regarding  the  machine  as  pro- 
vided on  the  tally  list.  The  counter  compartment  of  the  voting  machine 
shall  remain  open  until  the  tally  list  and  all  ocher  reports  have  been 
fully  completed  and  signed,  after  which  they  shall  lock  the  counter  com- 
partment and  deliver  the  keys  thereof  in  a  sealed  envelope  to  the  county 
clerk,  registrar  of  voters,  or  city  or  town  clerk,  as  the  case  may  be. 
[Amendment  approved  April  21,  1911;  Stats.  1911,  p.  987.] 

Precincts  where  voting  machines  are  used. 

§  14.  Where  voting  machines  are  used  the  precincts  shall  be  estab- 
lished or  created  in  the  manner  provided  by  sections  1127,  112S,  1129  and 
1130  of  the  Political  Code  of  tlie  state  of  California.  [Amendment  ap- 
proved June  11,  1913;  Stats.  1913,  p.  691.] 

Also  amended  April  21,  1911;   Stats.  1911,  p.  988. 

Election  officers.  Superintendent  of  machines.  Salary.  Oath.  Bond. 
Duties. 
§  16.  The  provisions  of  section  1142  of  the  Political  Code  shall  apply 
where  voting  or  ballot  machines  are  used  jtursuant  to  this  act,  provided, 
however,  that  at  any  precinct  or  polling  place  where  two  voting  machines 
are  used,  two  additional  clerks  of  election  shall  be  appointed  for  service 
at  such  polling  place,  for  the  election.  In  any  city,  or  city  and  county, 
or  county,  where  voting  machines  are  to  be  used  at  any  election,  or 
where  voting  machines  are  owned,  the  board  having  charge  and  control 
of  elections  may,  by  a  majority  of  such  board  adopt  a  resolution  to  be 
entered  in  its  minutes,  provide  for  a  superintendent  as  herein  provided, 
and  may  thereupon  select  and  appoint  a  superintendent  for  the  care,  re- 
pair, adjustment,  arrangement,  testing,  and  preparation  of  voting  or 
ballot  machines.  Such  person  must  be  a  skilled  machinist  familiar  with 
the  arrangement,  adjustment,  and  mechanism  of  voting  machines,  and 
shall,  before  his  appointment,  be  examined  by  the  board  having  control 
of  elections  as  to  his  competency  in  these  respects.  His  appointment 
must  also,  where  made  for  a  territorj'  wholly  included  within  any  city, 
or  city  and  county,  be  approved  by  the  mayor  of  any  such  city,  or  city 


1131  ELECTIONS.  Act  1020,  §  16 

and  county,  wlio  shall  also  have  the  right  to  examine  such  person  as  to 
his  competency.  Said  superintendent  shall  be  considered  a  public  officer, 
and  shall  hold  office  under  such  appointment  until  removed  by  the  board 
having  charge  and  control  of  elections,  for  cause,  and  by  an  order  in 
writing  entered  in  its  minutes,  after  giving  such  superintendent  an  op- 
portunity to  be  heard,  which  order  of  removal  shall  be  final  and  con- 
clusive, and  not  subject  to  review.  In  any  city,  county,  or  city  and 
county,  which  at  the  last  general  election  therein  had  a  registration  of 
voters  exceeding  seventy  thousand,  the  said  board  having  control  of 
elections  may  fix  the  compensation  of  such  superintendent  at  a  sum  not 
to  exceed  the  rate  of  fifteen  hundred  dollars  per  year,  payable  monthly, 
and  may,  by  the  resolution  of  appointment,  provided  such  appointment 
is  made  by  the  year,  provide  that  the  services  of  such  superintendent 
shall  be  given  exclusively  to  said  board  while  he  remains  in  its  employ, 
or  under  such  appointment.  Unless  such  appointment  is  made  by  the 
year  and  in  the  manner  last  mentioned  in  such  city,  county,  or  city 
and  county,  and  in  any  event  in  all  other  cases,  and  places,  such  super- 
intendent so  appointed  pursuant  to  this  act  shall  receive  a  compensation 
at  the  rate  of  ten  dollars  per  day,  for  every  day  he  shall  be  actually 
employed;  provided,  however,  that  in  any  such  place  where  his  compen- 
sation is  fixed  by  the  day  under  this  act,  the  board  having  control  of 
elections  may  fix  his  compensation  at  a  lesser  sum  when  he  is  employed 
merely  as  caretaker  of  such  voting  machines.  Such  superintendent  must 
file  his  acceptance  of  the  appointment  with  the  board  having  charge  and 
control  of  elections  within  five  days  after  notice  of  his  appointment, 
and  before  entering  upon  his  duties  shall  take  the  oath  of  office  pre- 
scribed by  the  constitution  of  this  state  for  public  officers,  which  oath 
may  be  taken  by  and  filed  with  the  county  clerk,  or  registrar  of  voters, 
and  file  a  bond  in  a  sum  to  be  fixed  by  the  board  having  charge  and  con- 
trol of  elections,  and  not  less  than  ten  thousand  (10.000)  dollars,  in  a 
city  and  county,  conditioned  for  the  faithful  performance  of  the  duties 
of  his  office,  with  surety  and  to  be  approved  and  recorded  as  may  be 
required  for  other  officers  of  such  city,  county,  or  city  and  county;  and 
it  shall  be  his  duty  to  care  for,  keep  in  repair,  arrange,  adjust,  test,  and 
prepare  all  voting  machines  for  complete  and  correct  operation  at  any 
election  in  the  political  subdivision  for  which  he  is  appointed.  All  such 
voting  or  ballot  machines  shall  be  by  him  or  under  his  direction  ar- 
ranged, adjusted,  and  prepared  for  correct  operation  at  any  election  in 
accordance  with  the  provisions  of  the  law  of  this  state,  and  in  accordance 
with  the  mechanism  and  rules  for  the  adjustment  and  correct  operation 
of  such  voting  machines.  The  county  clerk,  registrar  of  voters,  or  city 
or  town  clerk,  as  the  case  may  be,  shall  deliver  to  such  superintendent 
for  his  guidance,  a  €opy  of  any  written  or  printed  instructions  which 
may  be  furnished  by  the  person  or  corporation  which  manufacture  the 
voting  machines  in  use  in  such  political  subdivisions.  The  board  having 
charge  and  control  of  elections  may  also  select  and  employ  any  addi- 
tional persons,  as  assistants,  to  such  superintendent,  in  the  performance 


Act  1020,  §  16a  general  laws.  1132 

of  his  duties,  and  may  fix  and  allow  the  compensation  to  be  paid  to  said 
assistants.  The  said  superintendent  of  voting  machines  shall,  not  later 
than  the  day  previous  to  the  day  of  election,  file  with  the  clerk,  or 
registrar  of  voters,  his  affidavit  specifying  the  voting  machines  by  num- 
ber, that  have  been  adjusted  for  use  at  such  election,  and  stating  that 
every  one  of  such  machines  that  have  been  so  adjusted,  that  each  and 
every  of  its  counters,  which  register  the  votes  cast  for  candidates,  are 
adjusted  at  zero  (000),  and  that,  in  every  other  respect,  each  and  every 
voting  machine  is  adjusted  in  accordance  with  the  requirements  of  the 
law  of  the  state,  and  according  to  the  mechanism  and  rules  for  the  ad- 
justment and  correct  operation  of  such  voting  machines.  Where  any 
court,  or  justice,  or  judge,  of  any  court,  shall  make  an  order  or  judg- 
ment, or  otherwise  direct  any  change,  alteration  or  modification,  to  be 
made  in  the  ballot  labels  to  be  used  upon  any  voting  or  ballot  machine, 
after  the  sample  ballots  have  been  printed,  it  shall  not  be  necessary 
to  print  or  distribute  new  sample  ballots,  [Amendment  approved  April 
21,  1911;  Stats.  1911,  p.  988.] 

Machines  to  be  examined,  tested,  and  sealed  before  elections. 

§  16a.  Within  not  more  than  thirty-five,  nor  less  than  twenty-five 
days,  before  the  holding  of  any  election  in  any  county,  city  and  county, 
city  or  town,  at  which  is  to  be  used  voting  or  ballot  machines,  under 
the  provisions  of  this  act,  the  county  clerk,  registrar  of  voters,  or  city 
or  town  clerk,  as  the  case  may  be,  shall  fix  a  day,  which  shall  not  be 
more  than  twenty  days,  nor  less  than  five  days,  before  the  date  of  such 
election,  upon  which  the  voting  or  ballot  machines  to  be  used  at  such 
election  shall  be  examined,  tested  and  sealed  as  hereinafter  provided. 
At  least  twenty  days  before  an  election  in  any  political  subdivision 
where  voting  machines  are  to  be  used  in  one  or  more  precincts  of  such 
subdivision,  under  and  pursuant  to  the  law  of  this  state,  it  shall  be  the 
duty  of  the  county  clerk,  registrar  of  voters,  or  city  or  town  clerk,  as 
the  case  may  be,  to  notify  in  writing,  by  mail,  with  postage  prepaid,  the 
chairman  or  secretary  of  the  executive  or  central  committee  of  any 
political  party  or  organization  for  the  territory,  the  membership  of 
which  may  have  made  nominations  of  candidates  to  be  voted  for  at  such 
election,  or  of  any  political  party  whose  party  name  is  lawfully  used 
as  a  designation  by  a  candidate,  that  it  may  apj>oint  representative  of 
such  political  party  who  shall  be  authorized  to  attend  and  observe  the 
final  adjustment,  testing  and  sealing  of  such  ballot  machines,  and  there- 
upon it  shall  be  the  right  of  such  committee  to  appoint  as  many  repre- 
sentatives, not  to  exceed  three  for  each  political  party  or  organization, 
as  it  may  see  fit  to  select  for  such  purpose,  and  to  issue  certificates  of 
such  appointment  to  such  representatives,  by  the  secretaries  of  such 
committees  or  organizations,  respectively.  Such  notice  shall  also  name 
and  specify  the  date  and  place  where  such  examination,  testing  and  seal- 
ing of  such  machines  will  commence,  and  that  the  same  will  continue, 
if  necessary,  at  said  place  from  day  to  day  until  completed.     The  com- 


1133  ELECTIONS.  Act  1021,  §  1 

niittee  or  organization,  empowered  to  appoint  such  representatives,  sliall 
immediately,  upon  making  such  appointment,  notify  tlie  said  representa- 
tive or  representatives  so  appointed,  respectively,  of  sucli  appointment 
and  of  the  time  and  place  wheje  such  examination,  testing  and  sealing 
of  such  voting  or  ballot  machines  will  commence,  and  shall  also  forth- 
with, send  to  the  said  county  clerk,  registrar  of  voters,  or  city  or  town 
clerk,  as  the  case  may  be,  the  name  and  full  address  of  each  such  repre- 
sentative appointed.  Thereafter,  at  the  time  specified  in  such  notice, 
and  until  the  completion  thereof,  the  said  representative  or  representa- 
tives shall  be  entitled  to  attend  and  observe  the  final  adjustment,  test- 
ing and  sealing  of  such  voting  machines,  under  the  direction  of  the  board 
of  election  commissioners,  or  of  the  superintendent  provided  for  by  this 
act,  and  such  adjustment,  testing  and  sealing  shall  proceed  in  the  pres- 
ence of  as  many  of  said  representatives  as  shall  assemble  to  observe 
and  view  the  same,  and  a  full  and  complete  opportunity  shall  then  and 
there  be  given  by  such  superintendent  and  his  assistants,  to  such  rep- 
resentatives to  observe  the  processes  by  which  such  adjustment,  testing 
and  sealing  is  performed,  and  to  see  that  the  said  voting  machines  are 
so  adjusted  that  each  counter  is  set  at  zero  (000),  and  without  any  vote 
registered  thereon  for  the  advantage  of  any  party  or  candidate  or  other- 
wise. When  the  said  machines  are  so  sealed  they  shall  not  be  unsealed 
again  except  by  the  precinct  election  boards  on  the  day  of  election,  to 
the  extent  necessary  for  the  proper  and  lawful  conduct  of  the  election. 
Any  candidate  may  attend  in  person  or  appoint  in  writing  signed  by 
such  person,  a  representative  to  attend,  with  all  the  rights  and  privileges 
provided  bv  this  section.  [New  section  approved  April  21,  1911;  Stats. 
1911,  p.  990.] 

ACT  1021. 

An  act  to  regulate  the  conduct  of  election  campaigns,  and  repealing  an 
act  entitled  "An  act  to  promote  the  purity  of  elections  by  regulating 
the  conduct  thereof,  and  to  support  the  privilege  of  free  suffrage 
by  prohibiting  certain  acts  and  practices  in  relation  thereto,  and 
providing  for  the  punishment  thereof,"  approved  February  23,  1893. 

[Approved  March  19,  1907.     Stats.  1907,  p.  671.] 
Amended    1913,    p.    396. 

The  amendment  of  1913  follows: 

Statement  of  campaign  expenses.  Names  of  contributors.  Disclaimer 
of  responsibility.  Filing. 
§  1.  Every  candidate  who  is  voted  for  at  any  public  election  held 
vrithin  the  state  shall,  within  fifteen  days  after  the  day  of  holding  such 
election,  file,  as  hereinafter  provided,  an  itemized  statement,  showing  in 
detail  all  moneys  paid,  loaned,  contributed,  or  otherwise  furnished  to 
him,  or  for  his  use,  directly  or  indirectly,  in  aid  of  his  election,  and  all 
money   contributed,   loaned!^   or  expended  by   him,   directly   or  indirectly 


Act  1022,  §§  1-3  GENERAL  LAWS.  1134 

by  himself  or  through  any  other  person,  in  aid  of  lis  election.  Such 
statement  shall  give  the  names  of  the  various  jtersons  who  paid,  loaned, 
contributed,  or  otherwise  furnished  such  moneys  in  aid  of  his  election, 
and  the  names  of  the  various  persons  to  whom  such  moneys  were  con- 
tributed, loaned  or  paid,  the  specific  nature  of  each  item,  the  service 
performed,  and  by  whom  performed,  and  the  purpose  for  which  the 
money  was  expended,  contributed  or  loaned.  If  the  candidate  seeks 
to  avoid  the  responsibility  of  any  illegal  payment  made  by  any  othei 
person  in  his  behalf,  he  shall  set  out  such  illegal  payment  and  disclaim 
responsibility  therefor.  Candidates  for  office  to  be  filled  by  the  electors  of 
the  state  or  of  any  political  division  thereof  greater  than  a  county,  and 
for  members  of  the  senate  and  assembly,  representative  in  congress,  or 
members  of  the  state  board  of  equalization,  or  state  board  of  railroad 
commissioners,  shall  file  their  statements  in  the  office  of  the  secretary  of 
state.  Candidates  for  all  other  offices  shall  file  their  statements  in  the 
office  of  the  clerk  of  the  county  wherein  the  election  is  held,  and  within 
which  the  duties  of  the  office  for  which  the  candidate  is  voted  for  are 
to  be  exercised.  The  statement  of  a  committe  or  candidate  shall  be 
recorded  in  the  office  of  the  county  recorder,  and  shall,  after  being  filed, 
become  a  public  record,  and  open  at  all  times  to  public  inspection  and 
no  fee  or  charge  whatsoever  shall  be  collected  or  made  by  anj'  officer 
herein  specified  for  filing  or  recording  any  statement  required  to  be 
filed  or  recorded  under  the  provisions  of  this  act.  Vouchers  must  be 
filed  for  all  expenditures,  excejit  in  tlie  case  of  sums  under  five  dollars. 
[Amendment  approved  June  6,  1913;  Stats.  1913,  p.  396.] 

ACT  1022. 

An  act  to  permit  the  consolidation  of  elections  and  to  provide  a  procedure 

therefor. 
[Approved  June  11,  1913.     Stats.  1913,  p.  693.] 

Consolidation  of  elections  on  same  day. 

§  1.  Whenever  two  or  more  elections  are  called  to  be  held  on  the 
same  day,  in  the  same  territory,  or  in  territory  that  is  in  part  the  same, 
such  elections  may  be  consolidated  in  the  manner  provided  by  this  act. 

Same, 

§  2,  Any  such  two  or  more  elections,  whether  held  under  a  freeholders' 
charter  or  under  any  state  law,  or  both,  may  be  so  consolidated  and 
different  elections  called  by  the  same  governing  body  may  be  so  consoli- 
dated. 

Authority  to  consolidate. 

§  3,  Such  elections  may  be  consolidated  as  to  territory  which  is  the 
same  by  order  of  the  governing  body  or  bo  lies  calling  the' elections;  and 
where  one  of  the  elections  to  be  consolidated  is  a  state  election,  the  board 
of  supervisors  of  the  county,  wherein  said  consolidation  may  be  had  shall 


1135  ELECTIONS.  Act  1022a,  §  1 

have  authority  to  order  such  consolidation,  as  respects  such  state  elec- 
tion. 

Voting  places,  offices,  returns,  etc.,  of  consolidated  elections. 

§  4.  Within  the  territory  aflected  by  such  order  of  consolidation,  the 
election  precincts,  polling  ]ilaces  and  voting  booths  shall,  in  every  case, 
be  the  came  and  there  shall  be  only  one  set  of  election  officers  in  each 
of  such  precincts.  When  the  returns  of  elections  consolidated  under  this 
act  are  required  to  be  canvassed  by  different  canvassing  bodies,  such  elec- 
tions shall  be  conducted  separately  in  the  same  manner  as  if  they  had 
not  been  consolidated,  except  as  in  this  section  provided.  When  the 
returns  of  any  two  or  more  elections  consolidated  under  this  act  are  re- 
quired to  be  canvassed  by  the  same  body,  such  elections  shall  be  held  in 
all  respects  as  if  there  were  only  one  election,  and  only  one  ticket  or 
ballot  shall  be  used  thereat. 

Appointment  of  officers,  etc. 

§  5.  When  elections  are  consolidated  under  the  provisions  of  this  act, 
the  governing  body  or  bodies  ordering  such  consolidation  may,  in  the 
territory  affected  thereby,  provide  for  the  appointment  of  officers  of  elec- 
tion, for  the  formation  of  precincts  for  such  elections  and  the  expenses 
of  said  election. 

Act  of  1911  not  repealed. 

§  6.  Nothing  in  this  act  shall  be  so  construed  as  to  repeal  an  act 
of  the  legislature  of  the  state  of  California,  entitled  "An  act  to  provide 
for  the  regulation  of  the  traffic  in  alcoholic  liquors  by  establishing  local 
option;  authorizing  the  filing  of  petitions  praying  for  elections  to  vote 
upon  the  question  whether  the  sale  of  alcoholic  liquors  shall  be  licensed 
within  the  territory  described  in  such  petitions;  providing  for  the  calling 
and  holding  of  such  elections;  making  it  the  duty  of  the  proper  govern- 
ing body  to  declare  such  territory  to  be  no-license  territory  unless  a 
majority  of  votes  is  cast  in  favor  of  license;  providing  that  no  licenses, 
j>ermits  or  other  authority  to  sell  or  distribute  alcoholic  liquors  in  no- 
license  territory  shall  be  granted;  forfeiting  and  declaring  void  all  such 
licenses  or  permits  theretofore  issued  and  in  force;  making  it  a  penal 
offense  to  sell,  give  away  or  distribute  alcoholic  liquors  within  such  ter- 
ritory, with  certain  exceptions;  and  providing  penalties  for  such  offenses," 
approved  April  4,  1911. 

ACT  1022a. 

An  act  to  legalize  registrations  of  electors. 
[Approved  December  4,  1911.     Stats.   Ex.  Sess.  1911,  p.  1.] 

Registrations  declared  legal  and  valid.     Registrations  of  married  women. 

§  1.     All   registrations    of    electors    of   this   state,   heretofore    made    or 

attempted  to  be  made,  which  are  defective  or  illegal  by  reason  of  any 

defect,  irregularity,  or  illegality  in  the  appointment,  qualification,  or  au- 


Act  1024,  §  1  GENEKAL   L-VWS.  1136 

thority  of  the  deputy  clerks  or  other  officials  or  persons  before  -whom 
such  registrations  may  have  been  made,  or  who  took  the  affidavits  of 
the  persons  so  registering,  and  all  registrations  of  married  women,  who 
have  registered  under  the  given  names,  or  the  initials  of  the  given  names 
of  their  respective  husbands,  are  hereby  declared  to  be  valid  and  legal, 
and  are  hereby  validated  in  every  case  where  the  elector,  who  has  made 
such  illegal  or  defective  registration,  was,  at  the  time  of  such  registra- 
tion, in  all  respects  eligible  to  register  as  an  elector  of  this  state,  and 
possessed  all  of  the  qualifications  required  therefor  by  the  constitution 
and  laws  of  this  state. 

Declaration  of  urgency.  Facts  constituting  necessity  for  legislative  ac- 
tion. 
§  2.  This  act  is  hereby  declared  to  be  an  urgency  measure  within 
the  meaning  of  section  1,  article  4  of  the  constitution,  and  is  deemed 
necessary  for  the  immediate  preservation  of  the  public  peace  and  safety. 
The  following  is  a  statement  of  the  facts  constituting  such  necessity: 
That  elections  are  about  to  be  held  in  certain  municijialities  in  this  state 
prior  to  the  first  day  of  January,  1912,  and  defects  and  irregularities  have 
occurred  in  the  registration  of  a  large  number  of  electors  in  such  munici- 
palities, which  defects,  owing  to  defects  and  irregularities  in  the  ap- 
pointment, qualification  or  authority  of  the  dejuity  clerks  or  other  oflBcials 
or  persons  before  whom  such  registrations  were  made,  and  to  the  regis 
tration  of  married  women  under  the  given  names,  or  initials  of  the  given 
names  of  their  respective  husbands,  and  by  reason  whereof  a  question 
has  arisen  regarding  the  right  of  many  persons,  so  registered,  to  vote 
at  said  elections,  who  were,  at  the  time  of  such  registration,  in  all  re- 
spects eligible  to  register  as  electors  of  this  state,  and  who  possessed  all 
of  the  qualifications  required  therefor  by  the  constitution  and  laws  of 
this  state;  that  there  is  now  existing  a  feeling  of  public  unrest  and 
apprehension  regarding  such  registration  and  such  elections;  that,  unless 
the  right  of  such  persons  to  vote  at  such  elections  is  legally  established 
prior  to  the  holding  thereof,  public  disorder  and  breaches  of  the  public 
peace  at  such  elections  are  liable  to  ensue,  and  the  public  safety  and  the 
orderly  conduct  of  such  elections  are  liable  to  be  endangered. 

TITLE  147a. 
ELECTRICITY. 
ACT  1024. 

An  act  regulating  the  placing,  erection,  use  and  maintenance  of  electric 
poles,  wires,  cables  and  appliances,  and  providing  for  the  punishment 
for  the  violation  thereof. 

[Approved   April   22,    1911.     Stats.    1911,   p.    1037.] 

Provisions  not  applicable  to  telephone  wires,  etc. 

§  1.  No  commission,  officer,  agent  or  employee  of  the  state  of  Cali- 
fornia, or  of  any  city  and  county  or  city  or  county  or  other  political  sub- 
division thereof,  and  no  other  person,  firm,  or  corporation  shall 


1137  ELECTRICITY.  Act  1024,  §  1 

(a)  Run,  place,  erect  or  maintain  any  wire  or  cable  used  to  conduct 
or  carry  electricity,  on  any  pole,  or  any  cross-arm,  bracket  or  other  ap- 
pliance attached  to  such  pole,  within  a  distance  of  thirteen  (13)  inches 
from  the  center  line  of  said  pole;  provided,  that  the  foregoing  provi- 
sions of  this  paragraph  (a)  shall  be  held  not  to  apply  to  telephone,  tele- 
graph or  other  "signal"  wires  or  cables  which  are  attached  to  a  pole  to 
which  is  attached  no  wire  or  cable  other  than  telephone,  telegraph  or 
other  "signal"  wire  or  cable,  except  within  the  corporate  limits  of  any 
city  or  town  which  shall  have  been  incorporated  as  a  municipality,  nor 
shall  the  foregoing  provisions  be  held  to  apply  to  such  wires  or  cables 
in  cases  where  the  same  are  run  from  underground  and  placed  vertically 
on  poles,  nor  to  "bridle"  or  "jumper"  wires  on  any  pole  which  are  at- 
tached to  telephone,  telegraph  or  other  "signal"  wires  on  the  same  pole, 
nor  to  any  "aerial"  cable,  as  between  such  cable  and  any  pole  on  which  it 
originates  or  terminates,  nor  to  wires  run  from  "lead"  wires  to  arc 
lamps  or  to  transformers  placed  upon  poles,  nor  to  any  wire  or  cable 
where  the  same  is  attached  to  the  top  of  a  pole,  as  between  it  and  the 
said  pole,  nor  to  any  "aerial"  cable  containing  telephone,  telegraph  or 
other  "signal"  wires  where  the  same  is  attached  to  a  pole  on  which  no 
other  wires  or  cables  than  wires  continuing  from  said  cable  are  main- 
tained; provided,  that  electric  light  or  power  wires  or  cables  are  in  no 
case  maintained  on  the  same  side  of  the  street  or  highway  on  which  said 
"aerial"  cable  is  placed. 

Electric  wire  withir  thirteen  inches  of  pole.     Last  wire,  etc.,  run  in  vio- 
lation. 

(b)  Run,  place,  erect  or  maintain  in  the  vicinity  of  any  pole  (and 
unattached  thereto)  within  the  distance  of  thirteen  (13)  inches  from  the 
center  line  of  said  pole,  anj'  wire  or  cable  used  to  conduct  or  carry  elec- 
tricity, or  place,  erect  or  maintain  any  pole  (to  which  is  attached  any 
wire  or  cable  used  to  conduct  or  carry  electricity)  within  the  distance 
of  thirteen  (13)  inches  (measured  from  the  center  of  such  pole)  from 
any  wire  or  cable  used  to  conduct  or  carry  electricity;  provided,  that  as 
between  any  wire  or  cable  and  any  pole,  as  in  this  paragraph  (b)  named, 
only  the  wire,  cable  or  pole  last  in  point  of  time  run,  placed  or  erected, 
shall  be  held  to  be  run,  placed,  erected  or  maintained  in  violation  of  the 
provisions  of  this  paragraph;  and  further  provided,  that  the  provisions  of 
this  paragraph  (b)  shall  not  be  held  to  apply  to  telephone,  telegraph  or 
other  "signal"  wires  or  cables  on  poles  to  which  are  attached  no  other 
wires,  as  between  such  wires  and  poles  to  which  are  attached  no  other 
wires  or  cables  than  telephone,  telegraph  or  other  "signal"  wires,  pro 
vided,  such  wires,  cables  and  poles  are  not  within  the  corporate  limits 
of  any  town  or  city  which  shall  have  been  incorporated  as  a  municipality. 

Wires  within  four  feet  of  each  other.  Two  systems  occupsdng  same  pole. 

(c)  Run,  place,  erect  or  maintain,  above  ground,  within  the  distance 
of   four    (4)    feet   from   any  wire   or  cable   conducting   or   carrying   less 

72 


Act  1024,  §  1 


GENERAL   LAWS. 


1138 


than  six  hundred  volts  of  electricity,  any  wire  or  cable  which  shall  con- 
duct or  carry  at  any  one  time  more  than  six  hundred  volts  of  electricity, 
or  run,  place,  erect  or  maintain  within  the  distance  of  four  (4)  feet 
from  any  wire  or  cable  which  shall  conduct  or  carry  at  any  one  time 
more  than  six  hundred  volts  of  electricity  any  wire  or  cable  conducting 
or  carrying  less  than  six  hundred  volts  of  electricity;  provided,  that  the 
foregoing  provisions  of  this  paragraph  (c)  shall  be  held  not  to  apply  to 
any  wires  or  cables  attached  to  a  transformer,  within  a  distance  of  four 
(4)  feet  (measured  along  the  line  of  said  wire  or  cable)  from  the  point 
where  such  wire  or  cable  is  attached  to  such  transformer,  nor  to  wires 
or  cables  within  buildings  or  other  structures,  nor  to  wires  or  cables 
where  the  same  are  run  from  underground  and  placed  vertically  on  poles, 
nor  to  any  "lead"  wires  or  cables  between  the  point  where  the  same  are 
made  to  leave  any  pole  for  the  purpose  of  entering  any  building  or  other 
structure,  and  the  point  at  which  they  are  made  to  enter  such  building 
or  structure;  and  provided,  further,  that  as  between  any  two  wires  or 
cables,  or  any  wire  or  any  cable  run,  placed,  erected  or  maintained  in 
violation  of  the  provisions  of  this  paragraph  (c),  only  the  wire  or  cable 
last  in  point  of  time  run,  placed  or  erected  shall  be  held  to  be  run. 
placed,  erected  or  maintained  thus  in  violation  of  said  provision,  and 
further  provided,  that  where  no  more  than  one  cross-arm  is  maintained 
on  a  pole,  all  the  wires  or  cables  conducting  or  carrying  at  any  one 
time  more  than  six  hundred  volts  of  electricity  shall  be  placed  on  the 
cross-arm  on  one  side  of  the  pole,  and  all  the  wires  or  cables  conducting 
or  carrying  less  than  six  hundred  volts  of  electricity  shall  be  placed  on 
the  cross-arm  on  the  other  side  of  the  pole,  and  further  provided,  that 
the  space  between  any  wire  or  cable  carrying  or  conducting  at  any  one 
time  more  than  six  hundred  volts  of  electricity  and  any  wire  or  cable 
carrying  less  than  said  voltage  shall  be  at  least  thirty-six  (36)  inches 
clear  measurement  in  a  horizontal  line;  and  further  provided,  that  where 
two  or  more  systems  for  the  distribution  of  electric  light  or  power  oc- 
cupy the  same  poles  with  wires  or  cables,  all  wires  or  cables  conducting 
or  carrj'ing  at  any  one  time  more  than  six  hundred  volts  of  electricity 
shall  be  placed  on  the  cross-arms  on  one  side  of  the  pole,  and  all  wires 
or  cables  conducting  or  carrAing  less  than  said  voltage  shall  in  such 
case  be  placed  on  the  cross-arms  on  the  other  side  of  the  pole,  and  further 
provided,  that  the  space  between  any  wire  or  cable  conducting  or  carry- 
ing at  any  one  time  more  than  six  hundred  volts  of  electricity  and  any 
wire  or  cable  conducting  or  carrying  less  than  said  voltage  shall  be  at 
least  thirty-six  (36)  inches  in  measurement  in  a  horizontal  line,  and 
further  provided  that  in  such  construction  all  cross-arms  shall  be  at  least 
thirty-six    (36)    inches   apart  in  a  vertical  line. 

Cross  arms  holding  wire   carrying  more  than  six  hundred  volts  to   be 
painted  yellow, 
(d)   Run,    place,    erect   or    maintain,    any    wire    or    cable    which    shall 
conduct  or  carry  at  any  one  time  more  than  six  hundred  volts  of  elec- 


1139  ELECTRICITT.  Act  1024,  §  1 

Vricity,  without  causing  each  cross-arm,  or  such  other  appliance  as  may 
be  used  in  lieu  thereof,  to  which  such  wire  or  cable  is  attached  to  be 
kept  at  all  times  painted  a  bright  yellow  color;  or,  on  such  cross-arm, 
or  other  appliance  used  in  lieu  thereof,  shall  be  placed  enameled  iron 
signs,  providing,  in  white  letters  on  a  green  background,  the  words 
"High  voltage,"  and  these  letters  shall  be  not  less  than  three  (3)  inches 
in  height,  said  signs  shall  be  securely  fastened  on  the  face  and  back 
of  each  cross-arm.  The  provisions  of  this  paragraph  (d)  shall  not  be 
held  to  apply  to  cross-arms  to  which  are  attached  wires  or  cables  carry- 
ing or  conducting  more  than  ten  thousand  volts  of  electricity,  and 
which  are  situated  outside  the  corporate  limits  of  any  town  or  city 
which  shall  have  been  incorporated  as  a  municipality. 

Guy  wires  to  be  insulated. 

(e)  Run,  place,  erect  or  maintain  any  "guy"  wire  or  "guy"  cable 
attached  to  any  pole  or  appliance  to  which  is  attached  any  wire  or 
cable  used  to  conduct  or  carry  electricity,  without  causing  said  "guy" 
wire  or  "guy"  cable  to  be  effectively  insulgted  at  all  times  at  a  dis- 
tance of  not  less  than  four  (4)  feet  nor  more  than  eight  (8)  feet  (meas- 
ured along  the  line  of  said  wire  or  cable)  from  the  upper  end  thereof, 
and  at  a  point  of  not  less  than  eight  (S)  feet  vertically  above  the  ground 
from  the  lower  end  thereof;  and  further  provided,  that  wherever  two 
or  more  "guy"  wires  or  "guy"  cables  are  attached  to  a  pole  there  shall 
be  at  least  one  foot,  vertical  space,  between  the  points  of  attachment, 
and  further  provided,  that  no  insulation  shall  be  required  at  the  lower 
end  of  a  "guy"  wire  or  '"guy"  cable  where  the  same  is  attached  to  a 
ground  anchor;  none  of  the  provisions  of  this  paragraph  (e)  shall 
be  held  to  apply  to  "guy"  wires  or  "guy"  cables  attached  to  poles  carry- 
ing no  wire  or  cable  other  than  telephone,  telegraph  or  other  "signal" 
wire  or  cable,  and  which  are  situated  outside  the  corporate  limits  of 
any  town  or  city  which  shall  have  been  incorporated  as  a  municipality. 

Vertical  wires  to  be  insulated. 

(f)  Eun,  place,  erect  or  maintain,  vertically  on  any  pole,  any  wire  or 
cable  used  to  conduct  or  carrj'  electricity,  without  causing  such  wire  or 
cable  to  be  at  all  times  wholly  incased  in  casing  equal  in  durability  and 
insulating  efficiency  to  a  wooded  casing  not  less  than  one  and  one-half 
inches  thick.  The  provisions  of  this  paragraph  (f)  shall  not  be  held  to 
apply  to  vertical  telephone,  telegraj'h  or  other  "signal"  wires  or  cables  on 
poles  where  no  other  than  such  wires  or  cables  are  maintained, '  and 
which  are  outside  the  corporate  limits  of  any  town  or  city  which  shall 
have  been  incorporated  as  a  municipality. 

Arc  lamps  may  not  be  placed  on  poles  with  transformers. 

(g)  Place,  erect  or  maintain  on  any  pole,  or  on  any  cross-arm  or 
other  appliance  on  said  pole,  which  carries  or  upon  which  is  placed  an 
electric  arc  lamp,  any  transformer  for  transforming  electric  currents. 


Act  1024,  §§  2,  3  GENERAL   LAWS.  1140 

Wires  carrying  more  than  fifteen  thousand  volts. 

(h)  Eun,  place,  erect  or  maintain  any  wire  or  cable  carrying  more 
than  fifteen  thousand  volts  of  electricity  across  any  wire  or  cable  carry- 
ing less  than  said  voltage  or  across  any  public  highway,  except  on  poles 
of  such  height  and  so  placed  at  each  crossing  that  under  no  circum- 
stances can  said  wire  or  cable  of  said  voltage  higher  than  fifteen  thou 
sand  volts  in  case  of  breakage  thereof  or  otherwise,  come  in  contact 
with  any  wire  or  cable  of  less  than  said  voltage,  or  fall  within  a  dis- 
tance of  ten  (10)  feet  from  the  surface  of  any  public  highway;  or  in 
lieu  thereof  double  strength  construction  may  be  installed,  in  which 
case  the  wires  carrying  a  voltage  higher  than  fifteen  thousand  volts  shall, 
between  the  points  of  crossing,  be  of  a  cross-section  area  equal  to  at  least 
twice  that  used  in  the  line  outside  of  such  crossing,  except  where  the 
conductor  used  is  equal  to  four  naught  (UUOO)  Brown  and  Sharpe  gauge 
or  greater,  in  which  case  the  wires  or  cables  will  be  considered  as  com- 
plying with  the  law. 

Safety  bolts  for  suspension  wires. 

(i)  Eun,  place,  erect  or  maintain  any  suspension  wire  to  which  is  at- 
tached any  "aerial"  cable  of  "seventy-five  pair  numVier  nineteen  Brown 
and  Sharpe  gauge"  or  over,  or  of  "one  hundred  pair  number  twenty-two 
Brown  and  Sharpe  gauge"  or  over,  suspended  from  a  cross-arm  (or  from 
any  other  structure  or  appliance  from  which  said  suspension  wire  is 
hung)  by  a  single  bolt  and  clamp  without  at  the  same  time  attaching 
said  suspension  wire  to  said  cross-arm,  structure  or  appliance  by  an 
additional  "safety"  bolt  and  clamp  (or  other  "safety"  appliance  for 
thus  attaching  said  suspension  wire)  of  tensile  strength  equal  to  the 
first  herein  said  bolt  and  clamp. 

Preceding  not  applicable  to  direct  current  wires,  etc. 

§  2.  None  of  the  provisions  of  the  preceding  section  shall  be  held  to 
apply  to  "direct  current"  electric  wires  or  cables  having  the  same 
polarity,  nor  to  "signal"  wires  when  no  more  than  two  (2)  of  such 
"signal"  wires  are  attached  to  any  one  pole,  provided,  that  none  of  such 
"direct  current"  or  "signal"  wires  shall  in  any  case  be  run,  placed, 
erected  or  maintained  within  the  distance  of  thirteen  (13)  inches  from 
the  center  line  of  any  pole  (other  than  the  pole  or  poles  on  which  said 
wires  or  cables  are  carried)  carrying  electric  wires  or  cables;  and  pro- 
vided further,  that  as  between  any  two  wires,  or  cables,  or  anv  wire 
or  cable  run,  placed,  erected  or  maintained  in  violation  of  the  provisions 
of  this  section  2  only  the  wire  or  cable  last  in  point  of  time  run,  placed, 
erected  or  maintained  shall  be  held  to  be  run,  placed,  erected  or  main- 
tained thus  in  violation  of  said  provisions. 

Span  wires. 

§  3.  No  commission,  officer,  agent  or  employee  of  the  state  of  Cali- 
fornia, or  of  any  city  and  county  or  city  or  county  or  other  political 
subdivision  thereof,  and  no  other  person,  firm   or  corporation  shall   run, 


1141  ELECTRICITY.  Act  1025,  §  1 

place,  erect  or  maintain  any  "span"  wire  attached  to  any  wire  or  cable 
used  to  conduct  or  carry  electricity,  without  causing  said  "span"  wire 
to  be  at  all  times  effectively  insulated  between  the  outer  point  at  which 
it  is  in  any  case  fastened  to  the  pole  or  other  structure  by  which  it  is 
hung  or  supported,  and  at  the  point  at  which  it  is  in  any  case  thus 
attached,  provided,  tliat  such  insulation  shall  not  in  any  case  be  placed 
less  than  two  (2)  feet  nor  more  than  four  (4)  feet  from  said  point  at 
which  said  "span"  wire  is  so  attaclied,  and  that  when  in  any  case,  such 
"span"  wire  is  attached  along  its  length  to  any  two  (2)  such  wires  or 
cables,  conducting  or  carrying  electricity  and  extending  parallel  to  each 
other,  not  more  than  ten  (10)  feet  apart,  such  insulation  shall  not  be 
required  therein  at  any  point  between  such  parallel  wires  or  cables; 
none  of  the  provisions  of  this  section  (3)  shall  be  held  to  apply  where 
"feeder"  wires  are  used  in  place 'of  "span"  wires. 

Penalty  for  violation. 

§  4.  Any  violation  of  any  provision  of  this  act  shall  be  deemed  to  be 
a  misdemeanor,  and  shall  be  punishable  upon  conviction  by  a  fine  of 
not  exceeding  five  hundred  dollars  ($500)  or  by  imprisonment  in  a 
county  jail  not  exceeding  six  (6)  months  or  by  both  such  fine  and  im- 
prisonment. 

§  5.  All  acts  or  parts  of  acts  which  are  in  conflict  with  the,  or  with 
any  of  the  provisions  of  this,  act  are  hereby  repealed. 

§  6.  This  act  shall  take  effect  six  months  from  the  date  of  its  pas- 
sage in  so  far  as  it  relates  to  new  work,  and  a  period  of  five  years 
shall  be  allowed  in  which  to  reconstruct  all  existing  work  and  construc- 
tion to  comply  with  the  provisions  of  this  act. 

ACT  1025. 

An  act  to  regulate  the  construction  and  maintenance  of  subways,  man- 
holes, and  underground  rooms,  chambers,  and  excavations,  used  to 
contain,  encase,  cover,  or  conduct  wires,  cables,  or  appliances  to  con- 
duct, carry,  or  handle  electricity,  and  providing  the  punishment  for 
the  violation  thereof. 

[Approved  April   22,  1911.     Stats.   1911,   p.   1042.] 

§  1.  No  commission,  officer,  agent,  or  employee  of  the  state  of  Cali- 
fornia or  of  any  city  and  county  or  city  or  county  or  other  political 
subdivision  thereof,  and  no  other  person,  firm  or  corporation,  shall  build 
or  rebuild  or  cause  to  be  built  or  rebuilt  within  the  state  of  California: 

Dimensions  of  electric  wire  subways. 

(a)  Any  subway,  manhole,  chamber,  or  underground  room  used  or  to 
be  used  to  contain,  encase,  cover  or  conduct  any  wire,  cable,  or  appli- 
ance, to  conduct,  carry  or  handle  electricity,  unless  such  subway,  man- 
hole, chamber  or  underground  room  shall  have  an  inside  measurement  of 


Act  1025,  §  1  GENERAL   LAWS.  1142 

not  less  than  four  (4)  feet  at  the  maximum  points  between  the  sid« 
walls  thereof,  aud  between  the  end  walls  thereof,  and  not  less  than  five 
"^(5)  feet  at  all  points  between  the  floor  thereof,  and  the  top  or  ceiling 
thereof,  or  if  circular  in  shape,  at  least  four  (4)  feet  diameter  inside 
measurement,  and  not  less  than  five  (5)  feet  at  all  points  between  tlie 
floor  and  ceiling  thereof;  provided,  however,  that  this  paragraph  shall 
not  be  held  to  apply  to  any  such  subway,  manhole,  chamber  or  under- 
ground room,  within  which  it  is  not  intended  or  required  that  any  human 
being  perform  work  or  labor  or  be  employed;  further  provided,  that  the 
provisions  of  this  paragraph  (a)  shall  not  be  held  to  apply  where  satis- 
factory proof  shall  be  submitted  to  the  proper  authorities,  that  it  is 
impracticable  or  physically  impossible  to  comply  with  this  law  within 
the  space  or  location  so  designated  by  the  proper  municipal  authorities. 

Openings  to  outer  air. 

(b)  In  any  subway,  manhole,  chamber  or  underground  room  used  or  to 
be  used  to  contain,  encase,  cover  or  conduct  any  wire,  cable  or  applianco 
to  conduct,  carry  or  handle  electricity,  any  opening  to  outer  air  which  ia 
less  than  twenty-six  (2G)  inches  if  circular  in  shape,  or  less  than  twenty- 
four  (24)  inches  by  twenty-six  (26)  inches  clear  measurement  if  rect- 
angular  in   shape. 

Openings  to  be  not  less  than  three  feet  from  street-car  track. 

(c)  In  any  subway,  manhole,  chamber  or  underground  room,  used  or 
to  be  used  to  contain,  encase,  cover  or  conduct  any  wire,  cable  or  appli- 
ance to  conduct,  carr}'  or  handle  electricity,  any  opening  which  is  at 
the  surface  of  the  ground,  within  the  distance  of  three  (3)  feet  at  any 
point  from  any  rail  or  any  railway  or  street-car  track.  Provided,  that 
the  provisions  of  this  paragraph  (c)  shall  not  be  held  to  apply  where 
satisfactory  proof  shall  be  submitted  to  the  proper  authorities  that  it  is 
impracticable  or  physically  impossible  to  comply  with  this  law  within 
the  space  or  location  so  designated  by  the  proper  municipal  authorities 

Floor  of  subway  to  be  of  concrete,  etc. 

(d)  Any  subway,  manliole,  chamber  or  underground  room,  used  or  to 
be  used  to  contain,  encase,  cover  or  conduct  any  wire,  cable,  or  appliance 
to  conduct,  carry,  or  handle  electricitj-,  unless  the  floor  of  such  subway, 
manhole,  chamber  or  underground  room  is  made  of  stone,  concrete, 
brick,  or  other  similar  material  not  subject  to  decomposition;  provided, 
that  this  paragraph  (d)  shall  not  be  held  to  apply  to  any  such  subway, 
manhole,  chamber  or  underground  room  within  which  it  is  not  intended 
or  required  that  any  human  being  perform  work  or  labor  ar  be  employed. 

Subways  to  be  kept  free  from  seepage,  etc. 

(e)  Or  maintain  any  subway,  manhole,  chamber  or  underground  room, 
used,  or  to  be  used,  to  contain,  encase,  cover  or  conduct  any  wire,  cable 
or  appliance  to  conduct,  carry  or  handle  electricity,  unless  such  subway, 
manhole,  chamber  or  underground  room  is  kept  at  all  times  in  a  sanitary 


1143  ELEVATORS.       Act  1025a,  §§  1, 2 

condition,  and  free  from  stagnant  water,  or  seepage,  or  other  drainage, 
or  any  offensive  matter  dangerous  to  health,  either  by  sewer  connection, 
or  otherwise;  provided,  that  this  paragraph  (e)  shall  not  be  held  to 
apply  to  any  such  subway,  manhole,  chamber  or  underground  room, 
within  which  it  is  not  intended  or  required  that  any  human  being  per- 
form work  or  labor,  or  be  employed. 

Penalty  for  violation. 

§  2.  Any  violation  of  any  provision  of  this  act  shall  be  deemed  a 
misdemeanor,  and  shall  be  punishable  upon  conviction  by  a  fine  not 
exceeding  five  hundred  (500)  dollars,  or  by  imprisonment  in  a  county 
jail  not  exceeding  six  (6)  months,  or  by  both  such  fine  and  imprison- 
ment. 

§  3.  None  of  the  provisions  of  subdivisions  a,  b,  c,  and  d,  of  section 
1  of  this  act  shall  be  so  construed  as  to  be  retroactive  or  apply  to  works 
already  constructed,  and  all  acts  or  parts  of  acts  which  are  in  conflict 
with  this  act,  are  hereby  repealed. 

§  4.  This  act  shall  take  effect  and  be  in  force  from  and  after  the 
date  of  passage. 

TITLE  148a. 

ELEVATORS. 
ACT  1025a. 

An  act  to  regulate  the  construction,  operation,  and  maintenance  of 
elevators  in  buildings  during  course  of  construction;  providing  for 
inspection  of  the  same  by  the  bureau  of  labor  statistics;  and  provid- 
ing for  a  penalty  for  violation  thereof. 

[Approved   June    7,    1913.     Stats.    1913,    p.    507.] 

Definitions. 

§  1.  The  words  and  phrases  used  in  this  act  shall  for  the  purposes 
of  this  act,  unless  the  same  be  contrary. to  or  inconsistent  with  the 
context,  be  construed  as  follows: 

"Elevator." 

1.  "Elevator"  shall  mean  any  means  used  to  hoist  persons  or  material 
of  any  kind  on  a  building  under  course  of  construction,  when  operated 
by  any  power  other  than  muscular  power. 

"Building." 

2.  "Building"  shall  include  structures  of  all  kinds,  regardless  of  the 
purposes  for  which  they  may  be  intended  to  be  used,  and  whether 
such  construction  be  below  or  above  the  level  of  the  ground. 

Signals  and  persons  to  give  them. 

§  2.  Every  hoist  hereafter  used  in  buildings  during  the  course  of 
construction  shall  have  a  system  of  signals  for  the  purpose  of  signaling 


Act  1038  GENERAL  LAWS.  1144 

the  person  operating  or  controlling  the  machinery  which  may  operate 
the  hoist.  And  it  shall  be  the  duty  of  the  person  in  charge  of  said 
building  to  appoint  one  or  more  persons  to  give  such  signals,  such  per- 
son to  be  selected  from  those  most  familiar  with  the  work  for  which 
said  hoist  is  being  used.  In  the  event  that  a  building  shall  be  over 
fifty  feet  in  height,  then  two  persons  shall  be  appointed  to  give  such 
signals,  one  at  the  bottom  of  said  hoist  and  the  other  at  the  top  of  said 
hoist,  and  the  person  at  the  bottom  of  said  hoist  shall  signal  the  person 
at  the  top,  who  shall  then  signal  the  engineer  or  the  person  in  charge 
of  the  machinery  operating  said  hoist.  In  the  event  that  the  engineer 
or  person  in  charge  of  the  machinery  operating  said  hoist  is  so  situated 
that  he  has  a  clear  and  unobstructed  view  of  the  base  of  the  elevator, 
then  and  in  that  event,  regardless  of  the  height  of  the  building,  no  per- 
son shall  be  required  to  give  signals  at  the  bottom  of  said  hoist. 

Inspection  of  hoists. 

§  3.  It  shall  be  the  duty  of  the  commissioner  of  the  bureau  of  labor 
statistics  to  inspect  all  hoists  coming  within  the  definition  in  section 
1  of  this  act.  And  if  any  part  of  the  construction  or  system  of  signals 
used  on  a  hoist  is  defective  or  may  endanger  the  lives  of  men  working 
in  the  immediate  vicinity  of  said  hoist,  he  shall  direct  the  person  in 
charge  thereof  to  remedy  such  defect,  and  such  hoist  shall  not  be 
used  again  until  the  order  of  the  commissioner  shall  have  been  complied 
with. 

Penalty. 

§  4.  Any  person,  firm,  copartnership  or  corporation  or  any  agent, 
superintendent  or  manager  of  a  corporation  who  shall  violate  any  of 
the  provisions  of  this  act,  shall  upon  conviction  thereof  be  guilty  of  a 
misdemeanor  and  punished  by  a  fine  not  less  than  fifty  dollars  and  not 
more  than  five  hundred  dollars,  or  by  imprisonment  in  the  county  jail 
for  not'  less  than  thirty  days  and  not  more  than  six  months,  or  by 
both  such  fine  and  imprisonment. 

TITLE  150. 

EMPLOYMENT    AGENTS. 

ACT  1038. 

An  act  regulating  private  employment  agencies,  providing  for  a  license 
for  the  operation  thereof  and  a  fee  therefor,  providing  forms  of 
receipts  and  registers  to  be  used  and  kept,  prohibiting  any  charge 
for  registering  or  filing  application  for  help  or  employment,  pro- 
hibiting the  dividing  of  fees,  providing  for  the  refunding  of  fees 
and  expenses  in  the  event  of  failure  to  procure  employment,  and 
granting  the  commissioner  of  the  bureau  of  labor  statistics  the 
power  to  prescribe  rules  and  regulations  to  carry  out  the  purpose 
and  intent  of  this  act. 

[Approved   June   3,    1913.     Stats.    1913,   p.    515.] 


1145  EMPLOYMENT  AGENTS.  Act  1038,  §  1 

Definitions:    'Terson." 

§  1.  1.  When  used  in  this  act  the  following  terms  are  defined  as 
herein  specified:  The  term  "person"  means  and  includes  any  individual, 
company,  society,  association,  corporation,  manager,  contractor,  sub- 
contractor or  their  agents  or  employees. 

"Emplo3rment  agency." 

2.  The  term  "employment  agency"  means  and  includes  the  business 
of  conducting,  as  owner,  agent,  manager,  contractor,  subcontractor,  or 
in  any  other  capacity  an  intelligence  office,  domestic  and  commercial 
employment  agency,  theatrical  employment  agency,  teachers'  employment 
agency,  general  employment  bureau,  shipping  agency,  nurses'  registry,  or 
any  other  agency  or  office  for  the  purpose  of  procuring  or  attempting  to 
procure  help  or  employment  or  engagements  for  persons  seeking  employ- 
ment or  engagements,  or  for  the  registration  of  persons  seeking  such  help, 
employment  or  engagement,  or  for  giving  information  as  to  where  and  of 
whom  such  help,  employment  or  engagement  may  be  procured,  where  a  fee 
or  other  valuable  consideration  is  exacted,  or  attempted  to  be  collected, 
directly  or  indirectly,  for  such  services,  whether  such  business  is  con- 
ducted in  a  building  or  on  the  street  or  elsewhere. 

"Theatrical  emplojnnent  agency." 

3.  The  term  "theatrical  employment  agencj'"  means  and  includes  the 
business  of  conducting  an  agency,  bureau,  office  or  any  other  place 
for  the  purpose  of  procuring  or  offering,  promising  or  attempting  to 
provide  engagements  for  circus,  vaudeville,  theatrical  and  other  enter- 
tainments or  exhibitions  or  performances,  or  of  giving  information  as  to 
where  such  engagements  may  be  procured  or  provided,  whether  such 
business  is  conducted  in  a  building,  or  on  the  street  or  elsewhere. 

"Theatrical  engagement." 

4.  The  term  "theatrical  engagement"  means  and  includes  any  en- 
gagement or  employment  of  a  person  as  an  actor,  performer  or  enter- 
tainer in  a  circus,  vaudeville,  theatrical  and  other  entertainment,  ex- 
hibition or  performance. 

"Emergency  engagement." 

5.  The  term  "emergency  engagement"  means  and  includes  an  engage- 
ment which  has  to  be  performed  within  twenty-four  hours  from  the 
time  when  the  contract  for  such  engagement  is  made. 

"Fee." 

6.  The  term  "fee"  means  and  includes  any  money  or  other  valuable 
consideration  paid  or  promised  to  be  paid  for  services  rendered  or  to 
be  rendered  bv  any  person  conducting  an  employment  agency  of  any 
kind  under  the  provisions  of  this  article.  Such  term  includes  any  ex- 
cess of  money  received  by  any  such  person  over  what  has  been  paid 
out  by  him  for  the  transportation,  transfer   of  baggage,   or  board   and 


Act  1038,  §§  2-4  GENERAL   LAWS.  1146 

lodging  for  any  applicant  for  employment;  such  terra  also  includes 
the  difiference  between  the  amount  of  money  received  by  any  such 
person  who  furnishes  employees,  performers  or  entertainers  for  circus, 
vaudeville,  theatrical  and  other  entertainments,  exhibitions  or  perform- 
ances, and  the  amount  paid  by  him  to  the  said  employees,  performers 
or  entertainers  whom  he  hires  or  provides  for  such  entertainments,  ex- 
hibitions or  performances. 

"Privilege." 

7.  The  term  "privilege"  means  and  includes  the  furnishing  of  food, 
supplies,  tools  or  shelter  to  contract  laborers,  commonly  known  as  com- 
missary privileges. 

"Commissioner  of  labor." 

8.  The  term  "commissioner  of  labor"  means  commissioner  of  the 
bureau  of  labor  statistics. 

License  necessary.     Penalty. 

§  2.  A  person  shall  not  open,  keep,  maintain  or  carry  on  any  p-m- 
ployment  agency,  as  defined  in  the  preceding  section,  unless  he  shall 
have  first  procured  a  license  therefor  as  provided  in  this  article  from 
the  commissioner  of  labor.  Such  license  shall  be  posted  in  a  conspicuous 
place  in  said  agency.  Any  person  who  shall  open  or  conduct  such  an 
employment  agency  without  first  procuring  said  license  shall  be  guilty 
of  a  misdemeanor  and  shall  be  punished  as  hereinafter  provided. 

Application  for  license. 

§  3.  An  application  for  such  license  shall  be  made  to  the  commis- 
sioner of  labor.  Such  application  shall  be  written  and  in  the  form 
prescribed  by  the  commissioner  of  labor,  and  shall  state  the  name  and 
address  of  the  applicant;  the  street  and  number  of  the  building  or 
jjlace  where  the  business  is  to  be  conducted;  whether  the  applicant  pro- 
poses to  conduct  a  lodging-house  for  the  unemployed  separate  from  the 
agency  which  he  proposes  to  conduct;  the  business  or  occupation  en- 
gaged in  by  the  applicant  for  at  least  two  years  immediately  preceding 
the  date  of  the  application.  Such  application  shall  be  accompanied 
by  the  affidavits  of  at  least  two  reputable  residents  of  the  city  to  the 
effect  that  the  applicant  is  a  person  of  good  moral  character. 

Investigation  of  applicant's  character.     Expiration  of  license. 

§  4.  Upon  receipt  of  an  application  for  a  license  the  commissioner 
of  labor  may  cause  an  investigation  to  be  made  as  to  the  character 
and  responsibility  of  the  applicant  and  of  the  premises  designated  in 
such  application  as  the  place  in  which  it  is  proposed  to  conduct  such 
agency.  The  commissioner  of  labor  may  administer  oaths,  subpoena 
witnesses  and  take  testimony  in  respect  to  matters  contained  in  such 
application  and  in  complaints  of  any  character  against  the  applicants 
for  such  license,  and  upon  proper  hearing  may  refuse  to  grant  a  license. 


1147  EMPLOYMENT   AGENTS.  Act  1038,  §§  5-7 

Each  application  shall  be  granted  or  refused  within  thirty  days  from 
date  oi  filing.  No  license  shall  be  granted  to  a  person  to  conduct  the 
luisiness  of  an  employment  agency  in  rooms  used  for  living  purposes, 
or  where  boarders  or  lodgers  are  kept,  or  where  meals  are  served,  or 
where  persons  sleep,  or  in  connection  with  a  building  or  premises  where 
intoxicating  liquors  are  sold  to  be  consumed  on  the  premises,  excepting 
uafes  and  restaurants  in  office  buildings.  Each  license  shall  run  to 
the  thirty-first  day  of  March  next  following  the  date  thereof  and  no 
longer,  unless  sooner  revoked  by  the  commissioner  of  labor. 

License  to  contain  name,  etc. 

§  5.  Every  license  shall  contain  the  name  of  the  person  licensed,  a 
designation  of  the  city,  street  and  number  of  the  house  in  which  the 
person  licensed  is  authorized  to  carry  on  the  said  employment  agency, 
and  the  number  and  date  of  such  license.  Such  license  shall  not  be 
valid  to  protect  any  other  than  the  person  to  whom  it  is  issued  or  any 
place  other  than  that  designated  in  the  license  and  shall  not  be  trans- 
ferred or  assigned  to  any  other  person  unless  consent  is  obtained  from 
the  commissioner  of  labor,  as  hereinafter  provided.  If  such  licensed 
person  shall  conduct  a  lodging-house  for  the  unemployed  separate  and 
apart  from  such  agency,  it  shall  be  so  designated  in  the  license. 

Transfer  of  license. 

§  6.  A  license  granted  as  provided  in  this  article  shall  not  be  as- 
signed or  transferred  without  the  written  consent  of  the  commissioner 
of  labor.  No  license  fee  shall  be  required  upon  such  assignment  or 
transfer.  The  location  of  an  employment  agency  shall  not  be  changed 
without  the  written  consent  of  the  commissioner  of  labor. 

Jjicense  fee.     Bond.     Contingent  fund, 

§  7.  Every  person  licensed  under  the  provisions  of  this  act  to  carry 
on  the  business  of  an  employment  agency  shall  pay  to  the  commissioner 
of  labor  a  license  fee  of  fifty  dollars  in  cities  of  the  first,  first  and  one- 
half  and  second  class,  and  a  license  fee  of  twenty-five  dollars  in  cities  of 
the  third  and  fourth  classes  and  a  license  fee  of  ten  dollars  in  all  other 
cities  and  towns.  Such  persons  shall  also  deposit  before  such  license  is 
issued,  withjthe  commissioner  of  labor,  a  surety  bond  in  the  penal  sum 
of  two  thousand  dollars  in  cities  of  the  first,  first  and  one-half  and 
second  classes,  or  a  surety  bond  in  the  penal  sum  of  one  thousand  dol- 
lars in  cities  of  the  third  and  fourth  classes,  or  a  surety  bond  in  the 
penal  sum  of  five  hundred  dollars  in  all  other  cities  and  towns.  Such 
surety  bonds  to  be  approved  by  the  commissioner  of  labor  and  such  bonds 
shall  "be  payable  to  the  people  of  the  state  of  California,  and  shall  be 
conditioned  that  the  person  applying  for  the  license  will  comply  with 
the  provisions  of  this  act  and  will  pay  all  damages  occasioned  to  any 
person  by  reason  of  misstatement^  misrepresentation,  fraud  or  deceit  or 
any  unlawful   acts   or   omissions   of   any  licensed   person,   his   agents   or 


Act  1038,  §§  8-10  GENERAL   LAWS.  1148 

employees,  while  acting  within  the  scope  of  their  employment,  made, 
committed  or  omitted  in  the  business  conducted  under  such  license  or 
caused  by  any  other  violation  of  this  article  in  carrying  on  the  business 
for  which  such  license  is  granted.  All  moneys  collected  for  licenses  as 
provided  herein  and  all  fees  collected  for  violations  of  the  provisions 
hereof  shall  be  paid  into  the  state  treasury  and  credited  to  the  con- 
tingent fund  of  the  bureau  of  labor  statistics. 

Suits  against  licensed  person, 

§  8,  All  claims  or  suits  brought  in  any  court  against  any  licensed 
person  may  be  brought  in  the  name  of  the  person  damaged  upon  the 
bond  deposited  with  the  people  of  the  state  of  California  by  such 
licensed  person  as  provided  in  section  7,  and  may  be  transferred  and 
assigned  as  other  claims  for  damages  in  civil  suits.  The  amount  of 
damages  claimed  by  plaintiff,  and  not  the  penalty  named  in  the  bond, 
shall  determine  the  jurisdiction  of  the  court  in  which  the  action  is 
brought.  Where  such  licensed  person  has  departed  from  the  state  with 
intent  to  defraud  his  creditors  or  to  avoid  the  service  of  a  summons  in 
an  action  brought  under  this  section,  service  shall  be  made  upon  the 
surety  as  prescribed  in  the  Code  of  Civil  Procedure.  A  copy  of  such 
summons  shall  be  mailed  to  the  last  known  postoffice  address  of  the 
residence  of  the  licensed  person  and  the  place  where  he  conducted  such 
emploj'meut  agency,  as  shown  by  the  records  of  the  commissioner  of 
labor.  Such  service  thereof  shall  be  deemed  to  be  made  when  not  less 
than  the  number  of  days  shall  have  intervened  between  the  dates  of 
service  and  the  return  of  the  same  as  provided  by  the  Code  of  Civil 
Procedure  for  the  particular  court  in  which  such  suit  has  been  brought. 

Register  of  applicants  for  employment. 

§  9.  It  shall  be  the  duty  of  every  licensed  person  to  keep  a  register, 
approved  by  the  commissioner  of  labor,  in  which  shall  be  entered,  in 
the  English  language,  the  date  of  the  application  for  employment;  the 
name  and  address  of  the  applicant  to  whom  employment  is  promised 
or  offered,  or  to  whom  information  or  assistance  is  given  in  respect  to 
such  employment;  the  amount  of  fee  received,  and  such  other  informa- 
tion as  the  commissioner  of  labor  shall  require.  Such  licensed  person 
shall  also  enter  in  the  same  or  in  a  separate  register,  approved  by  the 
commissioner  of  labor,  in  the  English  language,  the  name  and  address 
of  every  applicant  accepted  for  help,  the  date  of  such  application,  kind 
of  help  requested,  the  names  of  the  persons  sent,  with  the  designation 
of  the  one  employed,  the  amount  of  the  fee  received  and  the  rate  of 
wages  agreed  upon,  and  such  other  information  as  the  commissioner  of 
labor  may  require.  No  such  licensed  person,  his  agent  or  employees, 
shall  make  any  false  entry  in  such  registers. 

Registers  open  to  inspection. 

§  10.  All  registers,  books,  records  and  other  papers  kept  pursuant 
to  this  act  in   any  employment  agency  shall  be  open   at  all  reasonable 


1149  EMPLOYMENT   AGENTS.        Act  1038,  §§  11-13 

hours  to  the  inspection  of  the  commissioner  of  labor  and  to  any  of  his 
duly  authorized  agents  or  inspectors  and  every  licensed  person  shall 
furnish  to  the  commissioner  upon  request  a  true  copy  of  such  registers, 
books,  records  and  papers  or  any  portion  thereof,  and  shall  make  such 
reports  as  the  commissioner  may  prescribe. 

Receipt  given  applicant. 

§  11.  It  shall  be  the  duty  of  every  licensed  person  conducting  an 
employment  agency  to  give  to  every  applicant  for  employment  from 
whom  a  fee  shall  be  received  a  receipt  in  which  shall  be  stated  the 
name  and  address  of  such  employment  agency,  the  name  and  address  of 
the  person  to  whom  the  applicant  is  sent  for  employment,  the  name  of 
the  applicant,  the  date,  the  amount  of  fee,  the  kind  of  work  or  service 
to  be  performed,  the  general  conditions  of  employment — including  among 
other  things  the  rate  of  wages  or  compensation,  whether  or  not  board 
and  lodging  is  to  be  furnished,  the  hours  of  employment,  the  cost  of 
transportation  and  whether  or  not  it  is  to  be  paid  by  the  employer,  the 
time  of  such  service,  if  definite  and  if  indefinite  to  be  so  stated,  and 
the  name  of  the  person  authorizing  the  hiring  of  such  applicant.  There 
shall  be  printed  on  the  face  of  the  receipt  in  prominent  type  the  follow- 
ing: "This  agency  is  licensed  by  the  commissioner  of  labor  of  the  state 
of  California."  All  receipts  shall  be  made  and  numbered  in  original 
and  duplicate.  The  original  shall  be  given  to  the  applicant  paying  the 
fee  and  the  duplicate  shall  be  kept  on  file  at  the  employment  agency. 
The  receipts  used  by  such  licensed  agencies  shall  be  approved  by  the 
commissioner  of  labor. 

Return  of  fees,  etc. 

§  12.  Xo  such  licensed  person  shall  send  out  any  applicant  for  em- 
ployment without  having  obtained  either  orally  or  in  writing  a  bona 
fide  order  therefor.  In  case  the  applicant  paying  such  fee  fails  to  obtain 
employment  such  licensed  agency  shall  repay  the  amount  of  said  fee 
to  such  applicant  upon  demand  being  made  therefor;  provided,  that  in 
cases  where  the  applicant  paying  such  fee  is  sent  beyond  the  limits 
of  the  city  in  which  the  employment  agency  is  located,  such  licensed 
agency  shall  repay  in  addition  to  the  said  fee  any  actual  expenses 
incurred  in  going  to  and  returning  from  any  place  where  such  applicant 
has  been  sent;  provided,  however,  where  the  applicant  is  employed  and 
the  employment  lasts  less  than  seven  days  by  reason  of  the  discharge  of 
the  applicant,  the  employment  agency  shall  return  to  said  applicant  the 
fee  paid  by  such   applicant  to  the   employment   agency. 

False  advertising  prohibited. 

§  13.  No  licensed  person  conducting  an  employment  agency  shall 
publish  or  cause  to  be  published  any  false  or  fraudulent  or  misleading 
information,  representation,  notice  or  advertisement;  all  advertisements 
of  such  employment  agency  by  means  of  cards,  circulars,  or  signs  and 


Act  1038,  §§  14,  15  GENERAL   LAWS.  1150 

in  newspapers  and  other  publications,  and  all  letter-heads,  receipts,  and 
blanks  shall  be  printed  and  contain  the  licensed  name  and  address  of 
such  employment  agent  and  the  word  agency,  and  no  licensed  person 
shall  give  any  false  information,  or  make  any  false  promise  or  false 
representation  concerning  an  engagement  or  employment  to  any  applicant 
who  shall  register  or  apply  for  an  engagement  or  employment  or  help. 

Sending  minors  to  immoral  places  prohibited.  Children.  Strikers.  Fees 
not  to  be  divided. 
§  14.  No  licensed  person  conducting  an  employment  agency  shall 
send  or  cause  to  be  sent  any  minor  under  the  age  of  eighteen  years 
as  an  employee  to  any  house  of  ill-fame  or  to  any  house  or  place  of 
amusement  for  immoral  purposes  or  places  resorted  to  for  the  purpose 
of  prostitution  or  gambling-houses,  the  character  of  which  such  licensed 
person  could  have  ascertained  upon  reasonable  inquiry,  or  to  any  saloon 
or  place  where  intoxicating  liquors  are  sold  to  be  consumed  on  the 
premises.  No  licensed  person  shall  knowingly  permit  any  persons  of 
bad  character,  prostitutes,  gamblers,  intoxicated  persons  or  procurers 
to  frequent  such  agencies.  No  licensed  person  shall  accept  any  applica- 
tion for  employment  made  bj'  or  on  behalf  of  any  child,  or  shall  place 
or  assist  in  placing  any  such  child  in  any  employment  whatever  in 
violation  of  the  child  labor  law.  No  licensed  person  shall  send  an 
applicant  to  any  place  where  a  strike,  lockout  or  other  labor  trouble 
exists  without  notifying  the  applicant  of  such  conditions  and  shall  in 
addition  thereto  enter  a  statement  of  such  facts  upon  the  receipt  given 
to  such  applicant.  No  licensed  person  shall  divide  fees  with  any  super- 
intendent, manager,  foreman  or  other  employee  of  any  person,  firm  or 
corporation  to  whom  employees  are  furnished. 

Theatrical  employment  agency. 

§  15.  Every  licensed  person  conducting  a  theatrical  employment 
agency,  before  making  a  theatrical  engagement,  except  an  emergency 
engagement,  for  any  person  with  any  applicant  for  services  in  any 
such  engagement  shall  prepare  and  file  in  such  agency  a  written  state- 
ment signed  and  verified  by  such  licensed  person  setting  forth  how  long 
the  applicant  has  been  engaged  in  the  theatrical  business.  Such  state- 
me'nt  shall  set  forth  whether  or  not  such  applicant  has  failed  to  pay 
salaries  or  left  stranded  any  companies,  in  which  such  applicant  and, 
if  a  corporation,  any  of  its  officers  or  directors,  have  been  financially 
interested  during  the  five  years  preceding  the  date  ot  application  and, 
further,  shall  set  forth  the  names  of  at  least  two  persons  as  references. 
If  such  applicant  is  a  corporation,  such  statement  shall  set  forth  the 
names  of  the  officers  and  directors  thereof  and  the  length  of  time  such 
corporation  or  any  of  its  officers  have  been  engaged  in  the  theatrical 
business  and  the  amount  of  its  paid-up  capital  stock.  If  any  allegation 
in  such  written,  verified  statement  is  made  upon  information  and  belief, 
the  person   verifying  the  statement  shall   set   forth  the   sources   of  his 


1151  EMPLOYMENT   AGENTS.        Act  1038,  §§  16-19 

information  and  the  grounds  of  his  Felief.  Such  statement  so  on  file 
shall  be  kept  for  the  benefit  of  any  person  whose  services  are  sought 
by  any  such  applicant  as  employer. 

Theatrical  contracts. 

§  16.  Every  licensed  person  who  shall  procure  for  or  offer  to  an 
applicant  a  theatrical  engagement  shall  have  executed  in  duplicate  a 
contract  containing  the  name  and  address  of  the  applicant;  the  name 
and  address  of  the  employer  of  the  applicant  and  of  the  person  acting 
for  such  employer  in  employing  such  applicant;  the  time  and  duration 
of  such  engagement;  the  amount  to  be  paid  to  such  applicant;  the  char- 
acter of  entertainment  to  be  given  or  services  to  be  rendered;  the 
number  of  performances  per  day  or  per  week  that  are  to  be  given  by 
said  applicant;  if  a  vaudeville  engagement,  the  name  of  the  person  by 
whom  the  transportation  is  to  be  paid,  and  if  by  the  applicant,  either  the 
cost  of  the  transportation  between  the  places  where  said  entertainment 
or  services  are  to  be  given  or  rendered,  or  the  average  cost  of  transporta- 
tion between  the  places  where  such  services  are  to  be  given  or  rendered; 
and  if  a  dramatic  engagement  the  cost  of  transportation  to  the  place 
where  the  services  begin  if  paid  by  the  applicant;  and  the  gross 
commission  or  fees  to  be  paid  by  said  applicant  and  to  whom.  Such 
contracts  shall  contain  no  other  conditions  and  provisions  except  such 
as  are  equitable  between  the  parties  thereto  and  do  not  constitute  an 
unreasonable  restriction  of  business.  The  form  of  such  contract  shall  be 
first  approved  by  the  commissioner  of  labor  and  his  determination  shall 
be  reviewable  by  certiorari.  One  of  such  duplicate  contracts  shall  be 
delivered  to  the  person  engaging  the  applicant  and  the  other  shall  be 
retained  by  the  applicant.  The  licensed  person  procuring  such  engage- 
ment for  such  applicant  shall  keep  on  file  or  enter  in  a  book  provided 
for  that  purpose  a  copy  of  such  contract. 

Act  to  be  posted. 

§  17.  Every  licensed  person  shall  post  in  a  conspicuous  place  in  each 
room  of  such  agency  a  copy  of  this  act.  Such  printed  law  to  also  con- 
tain the  name  and  address  of  the  officer  charged  with  the  enforcement 
of  this  act.  The  commissioner  of  labor  shall  furnish  printed  copies  of 
this  act  to  the  employment  agencies. 

Penalty. 

§  18.  Any  person,  firm,  corporation  or  their  agents  or  representatives 
violating  or  omitting  to  comply  with  any  of  the  provisions  of  this  act 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  less  than  fifty  dollars  or  more  than  two 
hundred  and  fifty  dollars  or  by  imprisonment  for  a  period  of  not  more 
than  sixty  days  or  by  both  such  fine  and  imprisonment. 

Power  of  labor  commissioner. 

§  19.  The  commissioner  of  labor,  his  deputies  and  agents  shall  have 
the  power   and  authority  of   sheriffs   and  other   peace   oflficers  to  make 


Acts  1048-1083 


GENERAL  LAWS. 


1152 


arrests   for  violations   of   the   provisions    of   this   act   and   to   serve   any 
process  or  notice  throughout  the  state. 

§  20.     All   acts   and   parts   of   acts   in   conflict   with   the   provisions   of 
this  act  are  hereby  repealed. 

TITLE  153. 
ESTABLISHMENT  OF  TITLES. 
ACT  1048. 

An  act  to  provide  for  the  establishment  and  quieting  of  title  to  real 
property  in  case  of  the  loss  or  destruction  of  public  records.  [Ap- 
proved June  16,  1906,  p.  78.] 

Amended   1909,   p.   163;    1911,  p.    6;    1913,  p.    13.5:    Supp.   1907.   p.   950. 
The  amendment  of  1911  provided  th.Tt  actions  under  this  act  mu>t  be  brought 
before    the   thirty-first   day   of   December,    1912. 

The  amendment  of  1913  repealed  section  18,  thus  removinir  the  time  limit  and 
making  the  act  permanent.  The  repealinp  section  says:  "It  beint:  the  inten- 
tion of  the  legislature  of  the  state  of  California  to  remove  the  limit  of  time 
within   which  actions   may   be   commenced   under   the   provisions   of   this   act." 

Citations.  Cal.  158/731,  732,  733,  735,  736,  739:  160/347,  487;  161/549; 
163/182,  194,  199,  508;  (§§  1,  2)  161/549;  (§  5)  161/551;  (§  8)  160/489; 
(§  15)  161/519.  App.  10/677;  16/389;  18/725;  19/188.  190,  191.  192; 
(§  2)  19/190;  (§  4)  19/196;  (§  5)  18/730;  19/189,  190;  (8  6)  18/731; 
(§   9)    18/728;    (§    11)    18/728;    19/194;    (5   1-2)    19/193,   194. 


TITLE  154. 
ESTATES  OF  DECEASED  PERSONS. 


ACT  1055. 

Citations.     App.  15/91. 


ACT  1059. 
Citations. 


ACT  1083. 


App.   12/6: 


TITLE  155. 
ESTKAYS. 


TITLE  157. 
EUREKA. 


Charter  of.     [Stats.  1S93,  p.  .?.=^6.] 
Amended  1907,  p.  1172;  1911,  p.  2036;   1913,  p.  1544. 


1153  EXPLOSIVES.        Act  1092,  §§  1-3 

TITLE  158. 

EXPLOSIVES. 
ACT  1092. 

An  act  relating  to  explosives  and  prescribing  regulations  for  the  trans- 
portation, storage  and  selling  of  explosives,  and  providing  penalties 
for  the  violation  of  this  act. 

[Became  a  law  under  constitutional  provision  without  governor's  ap- 
proval, March  21,  1911.     Stats.   1911,  p.  391.] 

Definitions. 

§  1.  The  term  "explosive"  or  "explosives"  whenever  used  in  this  act 
shall  include  gunpowder,  blasting  powder,  dynamite,  guneotton,  nitro- 
glycerine or  any  compound  thereof,  fulminate,  and  every  explosive  sub- 
stance having  an  explosive  power  equal  to  or  greater  than  black  blasting 
powder,  and  any  substance  intended  to  be  used  by  exploding  or  igniting 
the  same  to  produce  a  force  to  propel  missiles,  or  rend  apart  substances, 
but  does  not  include  said  substances,  or  any  of  them,  in  the  form  of  fixed 
ammunition  for  small  arms.  The  term  "person"  whenever  used  herein 
shall  be  held  to  include  corporations  as  well  as  natural  persons;  words 
used  in  the  singular  number  to  include  the  plural  and  the  plural  the 
singular.  The  words  "explosive  manufacturing  plant"  shall  be  under- 
stood to  include  all  the  land  used  in  connection  with  the  manufacture 
and  storage  of  explosives  thereat. 

Inclosure  and  storage. 

§  2.  Except  only  at  an  explosive  manufacturing  plant,  no  person  shall 
have,  keep  or  store,  at  any  place  within  this  state,  any  explosives,  unless 
such  explosives  are  completely  inclosed  and  incased  in  tight  metal, 
wooden  or  fiber  containers,  and,  except  while  being  transported,  or  within 
the  custody  of  a  common  carrier  pending  delivery  to  consignee,  shall  be 
kept  and  stored  in  a  magazine  constructed  and  operated  as  hereinafter 
described,  and  no  person  having  in  his  possession  or  control,  any  ex- 
plosives, shall  under  any  circumstances  permit  or  allow  any  grains  or 
particles  thereof  to  be  or  remain  on  the  outside  or  about  the  containers, 
in  which  such  explosives  are  contained. 

Magazines. 

§  3.  Magazines  in  which  explosives  may  lawfully  be  stored  or  kept 
shall  be  two  classes,  as  follows: 

(a)  Magazines  of  the  first  class  shall  consist  of  those  containing  ex- 
plosives exceeding  fifty  pounds,  and  shall  be  constructed  wholly  of  brick, 
wood  covered  with  iron,  or  other  fireproof  material,  and  must  be  fireproof, 
and,  except  magazines  where  gunpowder  or  black  blasting  powder  only  is 
stored,  must  be  bullet  proof,  and  shall  have  no  openings  except  for 
ventilation  and  entrance.  The  doors  of  such  magazine  must  be  fireproof 
and  bullet  proof,  and  at  all  times  kept  closed  and  locked,  except  when 
73 


Act  1092,  §§  4,  5  GENERAL   LAWS.  1154 

necessarily  opened  for  the  purpose  of  storing  or  removing  explosives 
therein  or  therefrom,  by  persons  lawfully  entitled  to  enter  the  same. 
Every  such  magazine  shall  have  sufficient  openings  for  ventilation  thereof, 
which  must  be  screened  in  such  manner  as  to  prevent  the  entrance  of 
sparks  or  fire  through  the  same.  Upon  each  side  of  such  magazine  there 
shall  at  all  times  be  kept  conspicuously  posted  a  sign,  with  the  words, 
"Magazine  explosives  dangerous,"  legibly  printed  thereon  in  letters  not 
less  than  six  inches  high.  No  matches,  fire  or  lighting  device  of  any 
kind,  shall  at  any  time  be  permitted  in  any  such  magazine.  No  package 
of  explosives  shall  at  any  time  be  opened  in  any  magazine,  nor  shall  any 
open  package  of  explosives  be  kept  therein.  No  blasting  caps,  or  other 
detonating  or  fulminating  caps,  or  detonators,  or  electric  fuzees,  shall  be 
kept  or  stored  in  any  magazine  in  which  explosives  are  kept  or  stored, 
but  such  caps,  detonators  or  fuzees  may  be  kept  or  stored  in  a  magazine 
constructed  as  above  provided  which  must  be  located  at  least  one  hundred 
feet  from  any  magazine  in  which  explosives  are  kept  or  stored.  Maga- 
zines in  which  explosives  are  kept  or  stored  must  be  detached,  and  must 
be  located  at  least  one  hundred  feet  from  any  other  structure. 

(b)  Magazines  of  the  second  class  shall  consist  of  a  stout  wooden  box, 
covered  with  sheet  iron,  and  not  more  than  fifty  pounds  of  explosives 
shall  at  any  time  be  kept  or  stored  therein,  and,  except  when  necessarily 
opened  for  use  by  authorized  persons,  shall  at  all  times  be  kept  securely 
locked.  Upon  each  such  magazine  there  shall  at  ail  times  be  kept  con- 
spicuously posted  a  sign  with  the  words,  "Magazine  explosives  dan- 
gerous," legibly  printed  thereon. 

Storage  in  tunnels. 

Nothing  in  this  section  contained  shall  be  held  to  prohibit  the  keeping 
or  storing  of  explosives  in  any  tunnel,  where  no  person  or  persons  are 
employed;  provided,  always,  that  any  tunnel  so  used  for  the  storage  of 
explosives  shall  have  fireproof  doors,  which  must  at  all  times  be  kept 
closed  and  locked,  excejit  when  necessarily  opened  for  the  purpose  of 
storing  or  removing  explosives  therein  or  therefrom,  by  persons  lawfully 
entitled  to  enter  the  same.  The  door  of  such  tunnel  magazine  shall  at  all 
times  have  legibly  printed  thereon  the  words,  "Magazine  explosives 
dangerous." 

Penalty  for  violating. 

§  4.  Any  person  violating  or  failing  to  comply  with  any  of  the  pro- 
visions of  sections  2  and  3  of  this  act,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  shall  be  punished  by  a  fine  of  not  less  than 
twenty-five  dollars,  and  not  more  than  one  thousand  dollars,  or  by  im- 
prisonment not  exceeding  six  months,  or  by  both  such  fine  and  imprison 
ment. 

Transporting. 

§  5.  It  shall  be  unlawful  to  transport,  carry  or  convey,  any  explosives 
between  any  places  within  this  state,  on  any  vessel,  car  or  other  vehicle 


1155  EXPLOSIVES.        Act  1092,  §§  6-9 

of  any  description,  operated  by  common  carrier,  which  vessel,  car  or 
vehicle  is  carrying  passengers  for  hire:  provided,  that  it  shall  be  lawful 
to  transport  on  any  such  vessel,  car  or  vehicle,  small  arms  ammunition  in 
any  quantity,  and  such  fuses,  torpedoes,  rockets  or  other  signal  devices 
as  may  be  essential  to  promote  safety  in  operation,  and  properly  packed 
and  marked  samples  for  laboratory  examination,  not  exceeding  a  net 
weight  of  one-half  pound  each,  and  not  exceeding  twenty  samples  at  one 
time,  in  a  single  vessel,  car  or  vehicle,  but  such  samples  shall  not  be 
carried  in  that  part  of  the  vessel,  car  or  vehicle,  which  is  intended  for 
the  transportation  of  passengers  for  hire;  provided,  further,  that  nothing 
in  this  section  shall  be  construed  to  prevent  the  transportation  of  mili- 
tary or  naval  forces  with  their  accompanying  munitions  of  war  on  pas- 
senger equipment  vessels,  cars  or  vehicles;  provided,  further,  that  the 
transportation  of  explosives  on  any  freight  train  in  this  state  that  carries 
passengers  for  hire  in  a  car  or  caboose  attached  to  the  rear-  of  such  train, 
shall  not  be  held  or  construed  to  violate  the  provisions  of  this  act. 

Eegulations   of  railroad   commission. 

§  6.  The  railroad  commission  of  this  state  is  hereby  empowered  to 
make,  publish  and  promulgate  such  regulations  as  are  not  in  conflict  with 
this  act  and  as  in  the  judgment  of  said  commission  may  tend  to  the  safe 
packing,  loading,  storage  and  transportation  of  the  explosives  defined  by 
section  1  of  this  act. 

Nitroglycerine. 

§  7,  It  shall  be  unlawful  to  transport,  carry  or  convey  liquid  nitro- 
glycerine, fulminate  in  bulk,  in  dry  condition,  or  other  like  explosive, 
between  any  places  within  this  state,  on  any  vessel,  ear  or  vehicle  of 
any  description,  operated  by  common  carrier  in  the  transportation  of 
passengers  or  articles  of  commerce  by  land  or  water. 

Packages  to  be  marked. 

§  8.  Every  package  containing  explosives  or  other  dangerous  articles 
when  presented  to  a  common  carrier  for  shipment  shall  have  plainly 
marked  on  the  outside  thereof,  the  contents  thereon,  and  it  shall  be  un- 
lawful for  any  person  to  deliver  for  transportation  to  any  common  car- 
rier engaged  in  commerce  by  land  or  water,  or  to  cause  to  be  delivered 
or  to  carry  any  explosive  or  other  dangerous  article,  under  any  false  or 
deceptive  marking,  description,  invoice,  shipping  order  or  other  declara- 
tion, or  without  informing  the  agent  of  such  carrier  of  the  true  character 
thereof,   at,  or  before  the  time   such  delivery  or  carriage  is  made. 

Penalty   for   violating. 

§  9.  Any  person  who  willfully  violates  or  causes  to  be  violated  any 
of  the  foregoing  provisions  of  sections  5,  6,  7  and  8  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be 
punished  for  each  offense  by  fine  not  exceeding  two  thousand  dollars,  or 


Act  1092,  §  10  GENERAL   LAWS.  1156 

by  imprisonment  not  exceeding  eighteen  months,  or  by  both  such  fine  and 
imprisonment  in  the  discretion  of  the  court. 

Record  of  sales.     Statement  from  purchaser.     Not  applicable  to  carrier. 
Penalty. 

§  10.  Every  person  selling,  giving  away,  or  delivering  explosives 
within  this  state,  shall  keep  at  all  times  an  accurate  journal  or  book  of 
record,  in  which  must  be  entered  from  time  to  time,  as  it  is  made,  each 
and  every  sale,  delivery,  gift,  or  other  disposition  made  by  such  person 
in  the  course  of  business,  or  otherwise,  of  any  quantity  of  such  explosive 
substance.  Such  journal  or  record  book  must  show  in  a  legible  hand- 
writing, to  be  entered  therein  at  the  time,  a  complete  history  of  each 
transaction,  stating  name  and  quantity  of  explosives  sold,  delivered, 
given  away,  or  otherwise  disposed  of;  name,  place  of  residence,  and  busi- 
ness of  the  purchaser  or  transferee,  name  of  individual  to  whom  deliv- 
ered, with  his  or  her  address.  Such  journal  or  record  book  must  be  kept 
by  the  person  so  selling,  delivering  or  otherwise  disposing  of  such  ex- 
plosives, in  his  or  their  principal  office  or  place  of  business,  at  all  times 
subject  to  the  inspection  and  examination  of  the  police  authorities  of 
the  state,  county  or  municiiiality  where  same  is  situated,  on  proper  de- 
mand therefor.  In  addition  to  keeping  the  record  above  provided,  it 
shall  be  unlawful  for  any  person  to  sell,  give  away  or  deliver  any  ex- 
plosives within  this  state,  without  taking  from  the  person  to  whom  such 
explosives  are  sold,  given  away  or  delivered  within  this  state,  a  state- 
ment in  writing,  showing  the  name  and  address  of  the  jerson  to  whom 
such  explosives  are  sold,  given  away  or  delivered,  and  the  place  where 
and  the  purpose  for  which  such  explosives  are  intended  for  use,  which 
statement  shall  be  signed  by  the  person  to  whom  such  explosives  are  sold, 
given  away  or  delivered,  or  his  agent,  ami  be  witnessed  by  two  wit 
nesses,  known  to  the  person  selling,  giving  away  or  delivering  sufh  ex- 
plosives, to  be  residents  of  the  county  where  such  explosives,  as  shown 
by  such  statement,  are  intended  for  use,  who  shall  certify  that  the  person 
to  whom  such  explosives  are  to  be  sold,  given  away  or  delivered  is  per- 
sonally known  to  each  of  said  witnesses,  and  that  to  the  best  of  his 
knowledge  and  belief,  the  explosives  are  required  by  such  person  for  the 
uses  and  purposes  set  forth  in  the  statement,  which  said  statement  shall 
at  all  times  be  kept  on  file  in  the  principal  office  or  place  of  business 
of  the  person  so  selling,  giving  away  or  delivering  such  explosives,  sub- 
ject to  the  inspection  of  the  police  authorities  of  the  state,  county  or 
municipality  where  the  same  is  situated,  on  proper  demand  made  there- 
for; provided,  that  nothing  in  this  section  shall  be  held  to  apply  to  the 
delivery  of  explosives  to  any  person  or  carrier  for  the  purpose  of  being 
transported  from  a  place  within  this  state  to  any  other  place  within  this 
state,  and,  provided  further,  that  nothing  in  this  section  contained  shall 
apply  to  interstate  commerce. 

Every  person  selling,  giving  away  or  delivering  any  explosives  without 
complying  with  all  the  provisions  of  this  section  shall  be  deemed  guilty 


1157  EXPLOSIVES.  Act  1092,  §§11-14 

of  a  misdemeanor,  and  upon  conviction  shall  be  fined  not  less  than  one 
hundred  dollars,  and  not  more  than  two  thousand  dollars,  or  by  imprison- 
ment of  not  less  than  six  months,  or  by  both  such  fine  and  imprisonment 
in  the  discretion  of  the  court. 

In  addition  to  such  imprisonment  and  as  cumulative  penalty  such 
person  so  offending  shall  forfeit  for  each  offense,  the  sum  of  two  hundred 
and  fifty  dollars,  to  be  recovered  in  any  court  of  competent  jurisdiction, 
and  the  party  instituting  the  action  for  such  forfeiture  shall  not  be 
entitled  to  dismiss  same,  without  the  consent  of  the  court  before  which 
the  suit  has  been  instituted;  nor  shall  any  judgment  recovered  be  set 
aside,  satisfied  or  discharged  save  by  order  of  such  court,  after  full  pay- 
ment into  court,  and  all  moneys  so  collected  must  be  paid  to  the  party 
bringing  suit. 

Explosives  in  mines. 

§  11.  No  explosives  in  excess  of  an  amount  sufficient  for  one  day's 
operations  shall  be  taken  into  any  mine  or  underground  workings  in 
this  state,  and  any  person  violating  any  of  the  provisions  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  fined  in  an  amount  not  exceeding  five  hundred  dollars. 

Entering  explosives  factory. 

§  12.  No  person,  except  a  peace  officer  or  a  person  authorized  so  to 
do  by  the  owner  thereof,  or  his  agent,  shall  enter  any  explosive  manu- 
facturing plant,  magazine  or  car  containing  explosives  in  this  state,  and 
any  person  violating  any  of  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be  fined  in 
an  amount  not  exceeding  one  thousand  dollars  or  by  imprisonment  not 
exceeding  three  months,  or  by  both  such  fine  and  imprisonment. 

Discharging  firearms  near  magazine. 

§  13.  No  person  shall  discharge  any  firearms  within  five  hundred  feet 
of  any  magazine  or  of  any  explosive  manufacturing  plant,  and  any  per- 
son willfully  violating  any  of  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor  and  fined  not  exceeding  one  thousand 
dollars,  or  by  imprisonment  not  exceeding  one  year,  or  by  both  such 
fine  and  imprisonment. 

Carrying  explosives  on  person. 

§  14.  No  person  shall  willfully  carry  any  explosive  on  his  person 
within  this  state  in  any  car,  vessel  or  vehicle  that  carries  passengers 
for  hire,  or  place  or  carry  any  explosive  while  on  board  any  such  car, 
vessel  or  vehicle,  in  any  hand  baggage,  roll  or  container,  or  place  any 
explosive  in  any  baggage  thereafter  checked  with  any  common  carrier, 
and  any  person  violating  any  of  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  felony  and  upon  conviction  thereof  shall  be  punished 
by  imprisonment  in  the  penitentiary  not  exceeding  two  years. 


Act  1093a,  §§  1-3  general  laws.  1158 

Municipal  ordinance. 

§  15.  Nothing  in  this  act  contained  shall  prevent  the  operation  of, 
or  modify,  alter,  set  aside  or  supersede  the  provisions  of  any  municipal 
ordinance  respecting  the  delivery,  storing  and  handling  of  explosives. 

Interstate  shipment. 

§  16.  Nothing  in  this  act  contained  shall  regulate  or  apply  to  any 
shipment  of  explosives  from  a  point  within  this  state,  consigned  to  a 
point  without  this  state,  over  a  line  or  lines  of  one  or  more  common 
carriers. 

TITLE  158a. 

EXPOSITIONS. 
ACT  1093a. 

An  act  giving  and  granting  to  the  board  of  park  commissioners  of  the 
city  of  San  Diego  the  right  to  use  and  the  right  to  authorize  the  use 
of  Balboa  Park  in  said  city  for  exposition  purposes. 

[Approved  March  24,  1911.     Stats.  1911,  p.  478.] 

Use  of  San  Diego  park  for  exposition. 

§  1.  The  board  of  park  commissioners  of  the  city  of  San  Diego,  Cali- 
fornia, is  hereby  authorized  and  empowered  to  use,  or  authorize  any 
exposition  company  to  use,  anj'  part  or  portion  of  the  lands  set  aside  as 
a  public  park  by  resolution  of  the  board  of  trustees  of  the  city  of  San 
Diego  and  approved  and  ratified  by  an  act  of  the  legislature  of  the  state 
of  California,  approved  February  4,  1870,  for  the  purpose  of  giving 
an  exposition  in  the  year  1915  to  celebrate  the  completion  of  the  Panama 
canal. 

Powers  of  park  commissioners. 

§  2.  The  board  of  park  commissioners  of  the  city  of  San  Diego  is 
hereby  authorized  and  empowered  to  inclose  any  part  or  portion  of  said 
park  which  may  be  set  aside  for  the  use  herein  set  forth  and  charge  an 
entrance  or  admission  fee  to  said  exposition,  and  may  sell,  give,  or  grant, 
to  any  person  or  persons,  association  or  associatiotns,  corporation  or  cor- 
porations, such  rights,  privileges  and  concessions  as  are  usually  granted 
by  expositions,  or  such  rights,  privileges,  and  concessions  as  may  be 
expedient  or  necessary  to  the  success  of  said  exposition,  and  said  city 
may  charge  and  collect  compensation  therefor.  The  power  and  authority 
conferred  by  this  act  on  the  said  board  of  park  commissioners  of  the 
city  of  San  Diego  may  be  by  said  city  delegated  to  any  exposition  com- 
pany or  corporation  now  or  hereafter  organized  for  the  purpose  of  pro- 
moting,  financing,   or   giving   said   exposition. 

Applies  only  to  Balboa  Park. 

§  3.  This  act  shall  not  apply  to  any  park  lands  owned  by  the  citv 
of  San  Diego  other  than  pueblo  lots  1129,  1130,  1131,  1135,  1136,   1137, 


1159  EXPOSITIONS.  Aetl093b,  §§  1-3 

1142,  and  a  portion  of  pueblo  lot  1144,  according  to  the  official  survey 
of  the  city  of  San  Diego  by  Charles  H.  Poole,,  made  in  1856,  which 
pueblo  lots  are  now  and  shall  hereafter  be  known  and  designated  as 
Ealboa  Park. 

ACT  1093b. 

An  act  to  provide  for  a  state  exhibit  at  the  Panama-California  Exposi- 
tion, to  be  held  in  San  Dief^jo,  California,  in  1915,  to  celebrate  the 
completion  of  the  Panama  canal  and  providing  for  the  erection  of 
necessary  buildings  therefor;  creating  a  commission  to  have  the 
charge  and  control  of  said  exhibition  and  making  an  appropriation 
therefor. 

[Approved  April  1,  1911.     Stats.  1911,  p.  559.] 

Panama-California  Exposition  Commissioners.     Bond. 

§  1.  It  is  made  the  duty  of  the  governor  of  the  state  of  California, 
within  thirty  days  after  the  passage  of  this  act,  to  appoint  three  com- 
missioners who  shall  be  removable  at  the  pleasure  of  the  governor,  and 
who  shall  constitute  the  Panama-California  Exposition  Commissioners. 
Said  Panama-California  Exposition  Commissioners  shall  have  the  exclu- 
sive charge  and  control  of  the  expenditure  of  all  moneys  appropriated 
by  the  state  of  California  for  the  construction  of  buildings  and  main- 
taining an  exhibit  of  the  products  of  the  state  of  California  at  said 
exhibition  and  for  the  purpose  of  properly  representing  the  state  of 
California  at  said  exposition,  to  be  held  in  the  city  of  San  Diego,  state  of 
California,  in  1915.  Each  of  said  commissioners  shall  execute  and  file 
with  the  secretary  of  state,  within  thirty  days  after  his  appointment 
by  the  governor,  good  and  suffi.cient  bond  in  the  sum  of  ten  thousand 
dollars  made  to  the  people  of  the  state  of  California,  which  bond  shall 
be  approved  by  the  governor  and  shall  be  conditioned  for  the  faithful 
performance  of  said  commissioners  of  all  their  duties  as  such  commis- 
sionera. 

No  compensation. 

§  2.  Said  commissioners  shall  receive  no  compensation  for  their  ser- 
vices but  they  shall  be  allowed  their  actual  expenses  not  exceeding  one 
thousand  dollars. 

Appropriation. 

§  3.  The  sum  of  fifty  thousand  dollars  or  as  much  thereof  as  may 
be  necessary,  is  hereby  appropriated  out  of  any  moneys  in  the  state 
treasury  not  otherwise  appropriated  to  meet  the  expense  of  preparing 
the  plans  and  specifications  and  constructing  the  foundation  for  an  ex- 
position building,  to  be  erected  at  the  Panama-California  Exposition,  to 
be  held  in  San  Diego  in  the  year  1915,  which  plans  and  specifications 
shall  provide  for  a  building  to  cost  not  less  than  two  hundred  and  fifty 
thousand  dollars.  The  amount  herein  appropriated  shall  be  available 
on  and  after  July  1,  1912. 


Acts  1093c,  1093d  general  laws.  1160 

Controller  to  draw  warrant. 

§  4.  The  state  controller  is  hereby  authorized  and  directed  to  draw 
his  warrant  or  warrants  on  the  general  fund  from  time  to  time  for  such 
portions  of  said  sum  of  fifty  thousand  dollars  and  in  favor  of  such  per- 
sons as  the  majority  of  said  commissioners  shall  direct  and  the  state 
treasurer  is  hereby  authorized  and  directed  to  pay  the  same. 

State  institutions  to  assist. 

§  5.  It  shall  be  the  duty  of  the  state  institutions  of  the  state  of 
California  to  assist  the  commission  in  every  possible  way  by  loaning  it 
such  material  in  their  possession  as  will  add  to  the  attractive  features 
of  the  state  exhibit  at  said  Panama-California  Exposition. 

Exemptions. 

§  6.  This  act  is  exempt  from  the  provisions  of  section  672  of  the 
Political  Code  of  the  state  of  California,  and  from  the  provisions  of  an 
act  entitled  "An  act  to  regulate  contracts  on  behalf  of  the  state  in 
relation  to  the  erection,  construction,  alteration,  repair  or  improvement 
of  any  state  structure,  building,  road,  or  other  state  improvement  of  any 
kind  and  to  repeal  an  act  entitled  'An  act  to  regulate  contracts  on  be- 
half of  the  state  in  relation  to  erections  and  buildings,  approved  March 
28,  1876'"  (approved  March  22,  1909). 

ACT  1093c. 

An  act  appropriating  money  to  pay  the  expense  of  maintaining  an  ex- 
hibit of  the  products  of  the  state  of  California  at  the  Italian  Inter- 
national Exposition,  to  be  held  in  the  citv  of  Turin,  kingdom  of 
Italy,  in  the  year  1911.  [Approved  April"  25,  1911.  Stats.  1911, 
p.  TllO.] 
The  act  appropriated  ten  thousand  dollars  for  the  purpose   indicated. 

ACT  1093d, 

An   act   relating   to   the    Panama-Pacific   International    Exposition    Com- 
mission of  the  state  of  California  and  defining  its  powers  and  duties. 
[Approved  March  4,   1911.     Stats.   1911,  p.   273.] 

Panama-Pacific  International  Exposition  Commission.     Seal. 

§  1.  The  Panama-Pacific  International  Exjiosition  Commission,  after 
the  appointment  by  the  governor  of  the  members  thereof,  sh.ill  imme- 
diately organize  and  establish  offices  in  the  city  and  county  of  San  Fran- 
cisco. At  the  time  of  the  appointment  of  said  commission,  the  governor 
shall  designate  the  president  thereof,  and  the  member  so  designated 
shall  be  the  president  of  said  commission.  Should  any  vacancy  there- 
after occur  in  the  presidency  of  said  commission  the  governor  shall 
designate  and  appoint  a  member  of  said  commissiou  to  be  the  president 
thereof.  Three  members  of  said  commission  shall  constitute  a  quorum 
for   the   transaction   of   business.     Said   commission    shall    adopt   a    seal 


1161  EXPOSITIONS.  Act  1093d,  §§2-4 

having  thereon  the  words  "Panama-Pacific  International  Exposition  Com- 
mission of  the  State  of  California,"  and  shall  file  with  the  state  con- 
troller and  state  treasurer  a  certificate  of  the  imprint  of  such  seal,  and 
all  signatures  of  persons  authorized  by  said  commission  to  sign  contracts, 
claims  or  other  documents  on  behalf  of  said  commission. 

Powers  and  duties. 

§  2.  For  the  purppse  of  performing  the  duties  imposed  by  law  upon 
said  commission,  it  shall  have  power  and  authority  to  appoint  and  em- 
ploy a  secretary,  executive  officers,  and  such  other  assistants  or  persons 
as  it  may  deem  necessary,  and  fix  their  compensations.  All  of  the  officers 
and  employees  so  appointed  shall  hold  office  at  the  pleasure  of  the  com- 
mission. All  expenses  of  said  commission  and  all  salaries  of  em- 
ployees shall  be  payable  out  of  the  Panama-Pacific  International  Exposi- 
tion fund  upon  proper  warrants  drawn  therefor  as  hereinafter  specified. 
The  said  commissioners  shall  receive  their  actual  traveling  expenses. 
The  commission  shall  have  full  and  complete  power  and  authority  to 
carry  out  the  provisions  of  this  act  and  of  section  22  of  article  4  of 
the  constitution  of  the  state  of  California,  and  the  particular  enumera- 
tion herein  of  powers  and  duties  of  said  commission  shall  not  be  con- 
strued to  be  a  limitation  or  restriction  of  the  full  and  complete  power 
and  authority  of  the  commission. 

Powers  and  duties. 

§  3.  Said  commission  shall  have  power  to  make  and  execute  all  con- 
tracts and  agreements  necessary  to  the  business  of  said  commission  or 
to  carry  out  the  purposes  of  this  act  and  section  22  of  article  4  of  the 
constitution  of  the  state  of  California.  All  contracts,  made  by  said 
commission,  shall  be  executed  in  triplicate  signed  by  the  president 
thereof  and  executed  under  the  seal  of  said  commission,  and  one  copy 
thereof  shall  be  immediately  filed  with  the  state  controller.  No  con- 
tract or  agreement  shall  be  made  by  said  commission  unless  the  parties 
thereto  shall  waive  therein  all  claims  and  recourse  against  the  state  of 
California  for  loss  or  damage  of  person  and  property  arising  from, 
growing  out  of  or  in  any  way  connected  with  or  incident  to  such  con- 
tract or  agreement,  and  all  contracts  or  agreements  made  by  said  com- 
mission in  violation  of  this  provision  for  waiver  shall  be  void. 

Audit  claims. 

§  4.  The  said  commission,  through  the  president  or  such  other  officer 
as  it  shall  authorize,  shall  audit  all  claims  and  demands  for  moneys 
expended  by  it,  or  for  expenditures  of  money  which  they  have  authorized 
in  writing,  and  shall  certify  such  claims  and  demands  to  the  state  con- 
troller who  shall  thereupon  draw  his  warrants  therefor  upon  the  state 
treasurer  payable  out  of  said  Panama-Pacific  International  Exposition 
fund,  and  the  state  treasurer  shall  pay  the  same. 


Act  1093d,  §§  5, 6  general  laws.  1162 

Agreements  with  PanamJuPacific  International  Exposition  Company. 

§  5.  Said  commission  shall  have  power  to  make  and  enter  into,  with 
the  Panama-Pacific  International  Exposition  Company,  a  corporation, 
organized  under  the  laws  of  the  state  of  California  on  the  twenty-second 
day  of  March,  1910,  any  and  all  agreements  which,  in  the  opinion  of  said 
commission,  they  shall  deem  necessary  or  advisable  to  bring  about  the 
union  or  joint  action  of  said  commission  and  said  corporation  in  further- 
ance of  said  Panama-Pacific  International  Exposition,  or  that  they  shall 
deem  necessary  or  advisable  to  carry  into  effect  the  provisions  of  this 
act  and  section  22  of  article  4  of  the  constitution  of  the  state  of  Cali- 
fornia; provided,  however,  that  all  moneys  received  or  realized  by  said 
commission  for  the  benefit  of  the  state  of  California  under  such  agree- 
ment, shall  be  immediately  deposited  by  the  commission  with  the  state 
treasurer  to  the  credit  of  said  Panama-Pacific  International  Exposition 
fund;  said  moneys  so  deposited  by  said  commission  shall  be  subject  to 
the  charge  and  control  of  said  commission  in  like  manner  as  other 
moneys  in  said  fund;  provided,  further,  that  any  exhibitor  shall  be  per- 
mitted to  unpack,  install,  maintain  and  repack  ail  exhibits  in  such  man- 
ner as  he  may  see  fit,  subject  to  uniform  rules  and  regulations  established 
by  the  exposition  authorities  and  approved  by  the  commission  appointed 
under  the  terms  of  this  act. 

Expenditure  of  funds. 

§  6.  The  said  commission  shall  determine  whether  any  of  said  fund 
or  any  of  the  moneys  under  its  control  shall  be  expended  for  any  specific 
purpose  in  connection  with  said  Panama-Pacific  International  Exposi- 
tion, and  whether  any  contract  of  any  character  sRall  be  entered  into  at 
any  time  with  said  Panama-Pacific  International  Exposition  Company, 
and  the  determination  of  the  said  commission  as  to  the  expenditure  of 
any  sum  of  money,  or  as  to  the  making  of  any  contract,  or  as  to  the 
advisability,  necessity  or  advantage  of  any  act  in  connection  with  said 
fund,  shall  be  final  and  conclusive.  In  making  expenditures  in  pursuance 
of  this  act  and  in  pursuance  of  the  provisions  of  section  22  of  article 
4  of  the  constitution  of  the  state  of  California  or  in  performing  any 
act  in  reference  to  said  fund  or  in  the  making  of  any  contract  with 
said  exposition  company,  the  said  commission  shall  make  such  investiga- 
tions as  it  may  deem  advisable  or  proper  and  may  in  any  manner  that 
it  deems  appropriate,  inform  itself  in  reference  to  any  matter  or  thing; 
and  may  ask  and  demand  at  any  time  and  as  often  as  it  desires  of  the 
said  Panama-Pacific  International  Exposition  Company,  a  corporation,  a 
full  and  complete  detailed  statement  of  the  receipts  of  said  corporation 
and  of  the  expenditures  for  any  purpose  whatsoever,  made  or  to  be  made, 
or  incurred  by  said  Panama-Pacific  International  Exposition  Company, 
a  corporation,  and  may  at  any  time  and  as  often  as  it  desires,  examine 
the  books,  records,  contracts,  accounts,  vouchers,  and  all  papers  of  every 
sort  and  character,  in  the  possession  of,  kept  or  used  by  the  Panama- 
Pacific  International  Exposition   Company,   a   corporation,   and   the   said 


1163  EXPOSITIONS.  Act  1093d,  §§  7-9 

books,  records,  contracts,  accounts,  vouchers  and  all  papers  of  every  sort 
and  character  of  the  said  Panama-Pacific  International  Exposition  Com- 
pany, a  corporation,  shall  be  open  to  inspection  of  the  said  commission  or 
its  authorized  agents,  at  all  times;  and  if  the  said  Panama-Pacific  Inter- 
national Exposition  Company,  a  corporation,  shall  fail  or  refuse,  or  neg- 
lect to  permit  an  inspection,  or  examination,  or  investigation  by  said 
commission,  or  by  any  person  or  persons  said  commission  may  designate, 
of  its  said  books,  records,  contracts,  accounts,  vouchers  and  papers,  or 
any  of  them,  then  and  in  that  event,  the  said  commission  may  hold,  de- 
termine and  decide  such  failure,  refusal  or  neglect  on  the  part  of  said 
Panama-Pacific  International  Exposition  Company,  a  corporation,  to  be 
ample  and  sufficient  reason  and  justification  for  the  refusal  or  the  failure 
of  said  commission  to  make  any  expenditures,  or  to  execute  any  contract, 
or  to  pay  or  disburse  any  sum  of  money. 

Accounting  system. 

§  7.  The  said  commission  shall  ask  and  demand  that  in  the  expendi- 
ture of  any  fund  in  connection  or  conjunction  with  the  fund  herein  de- 
scribed, proper  books  of  account  shall  be  kept  and'  maintained  and  an 
appropriate  accounting  system  shall  be  had,  and  that  such  records  and 
books  shall  be  maintained  and  kept  within  the  city  and  county  of  San 
Francisco,  as  will  enable  a  person  of  ordinary  understanding  from  an 
inspection  thereof  to  determine  the  source  and  amount  of  all  income  and 
moneys  received  and  the  exact  purpose,  in  detail,  for  which  expendi- 
tures are  made  or  moneys  paid. 

Successors  of  Panajna-Pacific  International  Exposition  Company. 

§  8.  All  the  provisions  of  this  act  shall  apply  to  the  successors  oi 
assigns  of  the  Panama-Pacific  International  Exposition  Company,  a  cor- 
poration, and  wherever  in  this  act  the  said  corporation  is  referred  to,  the 
said  provisions  shall  in  case  any  other  corporation  or  company,  or  indi- 
vidual, shall  succeed  to  the  rights  of  said  corporation,  or  be  substituted 
in  its  place,  or  shall  undertake  to  hold  the  said  exposition,  be  applicable 
to  such  other  corporation,  person  or  company. 

State  not  liable. 

§  9.  The  state  of  California  shall  not  in  any  manner,  or  under  any 
circumstances,  be  liable  for  any  of  the  acts,  doings,  or  proceedings  of 
any  person,  association  or  corporation  with  whom  said  commission  shall 
act,  co-operate,  or  join  to  carry  out  the  purposes  of  this  act,  or  of  section 
22  of  article  4  of  the  constitution  of  the  state  of  California,  nor  for 
the  services,  salarj%  labor  or  wages  of  anj-  offices,  agents,  servants,  or 
employees  of  such  person,  association  or  corporation,  nor  for  any  debts, 
liabilities  or  expenses  of  any  kind  whatsoever  of  such  person,  association 
or  corporation,  provided,  however,  that  the  commission  may,  in  its  dis- 
cretion, employ  the  same  persons,  servants,  agents  or  officers  that  may 
be  employed  by  such  person,  association  or  corporation  with  which  said 
commission  shall  act,  co-operate  and  join  to  carry  out  the  purposes  of 


Act  1093d,  §§  10-15  GENERAL   LAWS.  1164 

ttis  act,  and  contribute  to  or  pay  the  whole  or  any  part  of  their  com- 
pensation. 

No  member  of  commission  liable. 

§  10.  No  member  of  said  commission,  or  employee  thereunder,  or  any 
officers  thereof,  shall  be  personally  liable  for  any  debts  or  obligations,  or 
liability  that  may  be  created  or  incurred  by  said  commission  or  by  the 
state  of  California  acting  by  or  through  said  commission.  Neither  said 
commission  nor  any  member  thereof  shall  be  liable  in  damages  for  the 
negligence,  default  or  wrongful  act  of  any  of  the  agents,  servants  or 
employees  of  said  commission. 

Commission  may  sue. 

§  11.  Said  commission  may  execute  contracts,  hold  property  or  sue  in 
its  own  name  as  the  Panama-Pacific  International  Exposition  Commis- 
sion of  the  state  of  California.  The  provisions  of  an  act  entitled:  "An 
act  to  authorize  suits  against  the  state,  and  regulating  the  procedure 
therein,"  approved  February  28,  1893,  shall  not  apply  to  any  claim  or 
contract  made  by  said  commission  or  for  negligence  of  said  commis- 
sioners. 

Financial  statement. 

§  12.  Said  commission  shall,  on  the  first  day  of  December  of  each 
year,  file  with  the  state  controller  a  financial  statement  under  the  seal 
of  said  commission,  and  verified  by  the  members  thereof,  which  state- 
ment shall  show  in  detail  the  disposition  of  all  moneys  expended  by  it 
and  to  whom  the  same  were  paid;  all  expenditures  contracted  by  it,  all 
amounts  paid  thereon,  and  the  balance  due,  if  any,  and  shall  file  with 
rfuch  financial  statement  a  report  of  all  proceedings  of  said  commission, 
the  work  accomplished  by  it,  and  the  plans  proposed  and  the  status  of 
all  matters  under  or  in  connection  with  the  work  of  said  commission 
and  its  funds.  Upon  completion  of  all  work  by  said  commission  at  the 
time  fixed  by  law,  said  commission  shall  render  a  full,  complete  and 
final  report,  and  file  the  same  with  the  state  controller. 

Claims  exempt  from  section  672. 

§  13.  All  claims  and  demands  arising  under  or  in  consequence  of  any 
contract  or  agreement  made  by  said  commission,  and  all  expenditures 
authorized  by  it,  shall  be  exempt  from  the  provisions  of  section  672  of 
the  Political  Code. 

Indebtedness. 

§  14.  Indebtedness  incurred  and  warrants  issued  by  said  commission 
shall  be  payable  only  from  the  Panama-Pacific  International  Exposition 
fund,  and  shall  never  be  or  become  general  indebtedness  of  the  state  of 
California. 

Profits  of  exposition. 

§  15.  The  commission  shall  make  such  contracts  as  it  may  deem 
necessary  or  appropriate  to  insure  to  the  state  of  California,  its  proper- 


11G5  EXPOSITIONS.  Act  1093d,  §§  16-20 

tionate  share  in  the  returns,  income,  profits  and  holdings  of  said  exposi- 
tion and  shall  perform  such  acts  as  to  it  may  seem  requisite  for  the  pro- 
tection of  the  interests  of  the  state  of  California  in  such  returns,  income, 
profits  and  holdings  and  shall  do  all  things  it  may  deem  advisable  to 
enable  the  state  to  receive  its  proportionate  share  of  said  returns,  in- 
come, profits  and  holdings,  and  to  this  end,  if  said  commission  shall  deem 
it  advisable,  it  may  provide  for  its  participation  in  the  management  and 
control  of  the  said  exposition. 

Tax  levy. 

§  16.  The  state  board  of  equalization  shall,  at  the  time  mentioned  in 
section  3G96  of  the  Political  Code,  for  the  fiscal  year  beginning  July 
first  in  the  year  one  thousand  nine  hundred  and  eleven,  and  for  each 
fiscal  year  thereafter,  to  and  including  the  fiscal  year  Ijeginning  July 
first  in  the  year  one  thousand  nine  hundred  and  fourteen,  fix,  establish 
and  levy  such  an  ad  valorem  rate  of  taxation,  upon  every  kind  and 
character  of  property  in  the  state  of  California  not  exempt  from  taxa- 
tion on  the  first  day  of  July  in  the  year  one  thousand  nine  hundred  and 
ten,  as  when  levied  upon  all  the  property  in  this  section  mentioned,  after 
making  due  allowance  for  delinquency,  shall  raise  for  each  of  said  fiscal 
years,  the  sum  of  one  million  two  hundred  and  fifty  thousand   dollars. 

Tax  collected. 

§  17.  The  taxes  assessed,  levied  and  collected  for  state  purposes  under 
the  provisions  of  sections  3820,  3S21,  3822,  3823,  of  the  Political  Code 
shall  be  deemed  to  have  been  assessed,  levied  and  collected  for  the  pur- 
poses of  raising  to  the  extent  of  the  amount  collected,  the  moneys  di- 
rected to  be  raised  by  section  22  of  article  4  of  the  constitution  of  this 
state  as  that  section  was  amended  on  the  eighth  day  of  November  in  the 
year  one  thousand  nine  hundred  and  ten  and  as  required  by  section  16 
of  this  act. 

Exposition  fund. 

§  18.  All  money  collected  by  taxation  as  in  this  act  provided  shall 
be  paid  over  to  the  state  treasurer  at  the  time  and  in  the  manner  pro- 
vided in  chapter  10,  part  3,  title  9  of  the  Political  Code  and  by  said 
state  treasurer  credited  to  a  fund  to  be  known  as  the  Panama-Pacific 
International  Exposition  fund  and  paid  out  as  provided  in  section  4 
hereof. 

Disposition  of  surplus. 

§  19.  Any  money  remaining  in  the  Panama-Pacific  International  Ex- 
position fund  after  the  filing  of  the  complete  and  final  report  of  said 
commission  shall  be  transferred  to  the  general  fund  of  the  state  of 
California. 

§  20.     This  act  shall  take  effect  immediately. 

See   amendment  to   state   constitution   authorizing   state   to   appropriate   five   mil- 
lion dollars  for  the  exposition:   Stats.  1910,  p.  4.      See,   also,  amendment  to  char- 


Actl093e,  §§  1-4  general  laws.  1166 

ter  of  San  Francisco,  authorizing  that  city  to  issue  bonds  for  five  million  dollars, 
for  the  same  purpose:   Stats.  1910,  p.  2. 

ACT  1093e. 

An  act  appropriating  two  hundred  thousand  dollars  ($200,000)  to  com- 
plete the  construction  of  the  exposition  building  of  the  state  of 
California  at  the  Panama-California  exposition  to  be  held  in  San 
Diego,  California,  during  the  year  1915. 

[Approved  June  6,  1913.     Stats.   1913,  p.  893.] 

Appropriation,     State  building,  Panama-California  Exposition. 

§  1.  The  sum  of  two  hundred  thousand  dollars  ($200,000),  or  so  much 
thereof  as  may  be  necessary,  is  hereby  appropriated  out  of  any  money 
in  the  state  treasury  not  otherwise  appropriated  to  be  used  in  the  con- 
struction of  that  certain  exposition  building  authorized  by  an  act  entitled 
"An  act  to  provide  for  a  state  exhibit  at  the  Panama-California  Exposi- 
tion, to  be  held  in  San  Diego,  California,  in  1915,  to  celebrate  the  com- 
pletion of  the  Panama  canal,  and  providing  for  the  erection  of  necessary 
buildings  therefor;  creating  a  commi-^sion  to  have  charge  and  control 
of  said  exposition  and  making  an  appropriation  therefor,"  approved 
April  1,  1911. 

Controller  authorized  to  draw  warrant. 

§  2.  The  state  controller  is  hereby  authorized  and  directed  to  draw 
his  warrant  or  warrants  on  the  general  fund  from  time  to  time  for 
such  portion  of  said  sum  of  two.  hundred  thousand  dollars  ($200,000) 
and  in  favor,  of  such  persons  as  the  majority  of  the  Panama-California 
exposition  commissioners  shall  direct,  and  the  state  treasurer  is  hereby 
authorized  and  directed  to  pay  the  same. 

Audit  of  bills. 

§  3.  All  bills  for  material  and  labor  in  carrying  out  the  provisions 
of  section  1  of  this  act  sh;ill  be  audited  and  apjiroved  by  the  Panama- 
California  Exposition  Commissioners  of  the  said  exposition  before  being 
paid. 

Exempt  from  Political  Code,  section  672. 

§  4.  This  act  is  exempt  from  the  provisions  of  section  672  of  the 
Political  Code  of  the  state  of  California  and  from  the  provisions  of  an 
act  entitled  "An  act  to  regulate  contracts  on  behalf  of  the  state  in 
relation  to  the  erection,  construction,  alteration,  repair  or  improvement 
of  any  state  structure,  building,  road,  or  other  state  improvement,  of 
any  kind  and  to  repeal  an  act  entitled  'An  act  to  regulate  contracts  on 
behalf  of  the  state  in  relation  to  erections  and  buildings/  approved 
March  28,  1876"   (approved  March  22,   1909). 


1167  EXPOSITIONS.  Act  1093f,  §§1^ 

ACT  1093f. 

An  act  appropriating  money  to  pay  the  expense  of  maintaining  an  exhibit 
of  the  products  of  the  state  of  California  at  the  universal  and 
international  exposition,  to  be  held  in  the  city  of  Ghent,  in  the 
kingdom  of  Belgium,  in  the  year  nineteen  hundred  thirteen,  and 
providing  for  a  commissioner  thereof. 

[Approved  April  18,   1913.     Stats.   1913,  p.  37.     In   effect  immediately.] 

Appropriation.     Exhibit  at  Ghent. 

§  1.  The  sum  of  twelve  thousand  eight  hundred  and  forty-eight 
dollars  and  five  cents  is  hereby  appropriated  out  of  any  moneys  in  the 
state  treasury,  not  otherwise  appropriated,  for  the  purpose  of  collecting, 
transporting  and  maintaining  an  exhibit  of  the  products  of  the  state 
of  California  at  the  universal  and  international  exposition  to  be  held 
in  the  city  of  Ghent,  in  the  kingdom  of  Belgium,  in  the  year  nineteen 
hundred  thirteen.  The  governor  of  California  is  hereby  constituted  a 
commissioner,  to  be  known  as  the  Ghent  international  exposition  com- 
missioner, and  he  shall  have  exclusive  charge  and  control  of  the  appro- 
priation herein  made,  with  power  to  appoint  all  necessary  persons  for 
the  purpose  of  c-arrying  out  the  provisions  of  this  act.  The  controller 
is  directed  to  draw  his  warrant  on  the  general  fund  from  time  to  time 
in  such  amounts  and  in  favor  of  such  person  or  persons  as  the  governor, 
the  commissioner  hereinbefore  referred  to,  shall  direct,  and  the  treasurer 
shall  pay  the  same. 

Exhibit. 

§  2.  The  exhibit,  or  such  portions  of  the  exhibit,  made  at  said 
Italian  international  exposition  in  the  city  of  Turin  in  the  year  nineteen 
hundred  eleven,  as  may  be  proper  for  exhibition  at  the  said  universal 
and  international  exposition  to  be  held  at  Ghent  in  the  year  nineteen 
hundred  thirteen  shall  be  placed  in  proper  condition  for  exhibition  and 
transported  to  the  city  of  Ghent  for  display  at  the  opening  of  said 
universal  and  international  exposition  at  the  time  of  its  opening  on  the 
twenty-seventh  day  of  April,  nineteen  hunxlred  thirteen,  and  the  same 
shall  be  continuously  displayed  thereat  until  the  close  of  said  exposition 
in  the  month  of  November,  nineteen  hundred  thirteen,  and  the  person 
or  persons  in  charge  of  said  exhibit  at  the  present  time  shall  deliver 
the  same  over  to  such  person  or  persons  as  the  governor  of  the  state 
of  California  shall  direct  to  take  charge  of  said  exhibit  at  said  universal 
and  international  exposition  at  Ghent. 

§  3.  This  act  is  exempt  from  the  provisions  of  section  672  of  the 
Political  Code  of  the  state  of  California. 

§  4.  This  act  inasmuch  as  it  makes  an  appropriation  for  the  usual 
current  expenses  of  the  state,  shall,  under  the  provisions  of  section  1 
of  article  4  of  the  constitution,  take  effect  immediately. 


Acts  1094^1157 


GENERAL   LAWS. 


1168 


ACT  1094. 
Citations. 


ACT  1123. 
Citations 


TITLE  159. 
EXTENSION  OF  TIME. 

App.  10/613;  17/495;  (§  1)  17/496. 

TITLE  163. 
FEES. 


App.   9/436,    437. 

TITLE  165. 

FENCES. 
ACT  1142. 

An  act  in  relation  to  fences  and  other  structures  erected  to  annov,  and 

for  the  abatement  of  nuisances. 

[Approved  May  28,  1913.     Stats.  1913,  p.  342.] 

Fence  ten  feet  high  a  nuisance. 

§  1.  Any  fence  or  other  structure  in  the  nature  of  a  fence,  unneces- 
sarily exceeding  ten  feet  in  height  maliciously  erected  or  maintained 
for  the  purpose  of  annoying  the  owner  or  occupants  of  adjoining  prop- 
erty, shall  be  deemed  a  private  nuisance. 

Injured  person's  recourse. 

§  2.  Any  such  owner  or  occupant,  injured  either  in  his  comfort  or 
the  enjoyment  of  his  estate  by  such  nuisance,  may  enforce  the  remedies 
against  the  continuance  of  the  same  prescribed  in  title  3  part  3  of  the 
Civil  Code  of  the  state  of  California. 

TITLE  166. 
FERRIES. 


ACT  1146. 
Citations. 


C»l.  161/674. 


TITLE  168. 

FERTILIZERS. 
ACT  1157. 

An  act  to  regulate  the  sale  of  commercial  fertilizers  or  materials  used 
for  manurial  purposes,  and  to  provide  penalties  for  the  infraction 
thereof,  and  means  for  the  enforcement  of  the  act. 

[Approved   March   20,   1903.     Stats.   1903,   p.   259,] 
Amended  1911,  Statutes  of  1911,  page  488,  as  follows: 

Fertilizer  to  be  plainly  labeled. 

§  2.     No   person   shall  sell,  offer  or  expose  for  sale  in   this  state  any 
pulverized  leather,  hair,  ground  hoofs,  lioius  or  wool  waste,  raw,  steamed, 


1169  FLAG.  Acts  1173, 1199 

roasted,  or  in  any  form,  street  sweepings,  or  the  dung  or  urine  of  any- 
domestic  animal,  mixed  with,  or  in  combination  with,  water  artificially 
added  thereto,  or  with  any  sand,  soil  or  other  material  not  commonly 
used  for  bedding  domestic  animals,  as  a  fertilizer  or  as  an  ingredient 
for  fertilizer  or  manure  without  an  explicit  statement  of  the  fact  in 
printing  or  writing  conspicuously  placed  thereon  and  affixed  to  every 
package,  container,  car  or  vehicle  in  which  the  same  shall  be  transported 
or  delivered  to  anj'  purchaser  thereof,  said  statement  to  go  with  every 
lot,  parcel  or  package  of  the  same.  [Amendment  approved  March  24, 
1911;  Stats.  1911,  p.  488.] 

TITLE  171. 

FIRE  DEPARTMENT. 
ACT  1173. 

An  act  to  create  a  fireman's  relief,  \jealth  and  life  insurance  and  pension 
fund  in  the  several  counties,  cities  and  counties,  cities  and  towns 
of  the  state. 

[Approved  March  20,  1905.     Stats.  1905,  p.  412.] 
Amended  1913,  p.  690. 

The  amendment   of   1913  follows: 

Auditor's  report  on  firemen's  relief  and  pension  fund. 

§  14.  On  the  last  day  of  June  of  each  year,  or  as  soon  thereafter  as 
practicable,  the  auditor  of  each  county,  city  and  county,  city  or  town, 
shall  make  a  report  to  the  board  of  supervisors  or  other  governing 
authority  of  such  county,  city  and  county,  city  or  town,  of  all  moneys 
paid  on  account  of  said  fund  during  the  previous  year,  and  of  the  amount 
then  to  the  credit  of  the  "firemen's  relief  and  pension  fund,"  and  all 
surplus  of  said  fund  then  remaining  in  said  fund,  exceeding  the  average 
amount  per  year  paid  out  on  account  of  said  fund  during  the  three 
years  next  preceding,  shall  be  transferred  to,  and  become  a  part  of, 
the  general  fund  of  every  such  county,  city  and  county,  city  or  town 
and  no  longer  under  the  control  of  said  board  or  subject  to  its  order. 
Payments  provided  for  by  this  act  shall  be  made  monthly  upon  proper 
vouchers.     [Amendment  approved  June,  11,  1913;  Stats.  1913,  p.  690.] 

TITLE  175. 

FLAG. 
ACT  1199. 

An  act  to  select  and  adopt  the  bear  flag  as  the  state  flag  of  California. 
[Approved  February  3,  1911.     Stats.  1911,  p.  6.] 

Bear  flag  as  state  flag. 

§  1.     The  bear  flag  is  hereby  selected  and  adopted  as  the  state  flag 
of  California. 
74 


Acts  1205,  1216  GENERAL  LAWS.  1170 

§  2.  The  said  bear  flag  shall  consist  of  a  flag  of  a  length  equal  to  one 
and  one-half  the  width  thereof;  the  upper  five-sixths  of  the  width  thereof 
to  be  a  white  field,  and  the  lower  sixth  of  the  width  thereof  to  be  a  red 
stripe;  there  shall  appear  in  the  white  field  in  the  upper  left-hand  corner 
a  single  red  star,  and  at  the  bottom  of  the  white  field  the  words  "Cali- 
fornia Republic,"  and  in  the  center  of  tbe  white  field  a  California  grizzly- 
bear  upon  a  grass  plat,  in  the  position  of  walking  toward  the  left  of  the 
said  field;  said  bear  shall  be  dark  brown  in  color  and  in  length,  equal  to 
one-third  of  the  length  of  said  flag. 

§  3.  This  act  shall  be  in  full  force  and  effect  from  and  after  its 
passage. 

TITLE  176a. 
FOODS. 
ACT  1205. 

An  act  prohibiting  the  destruction  of  foodstuffs,  food  products  or  food 

articles. 

[Approved  June  5,  1913.     Stats.  1913,  p.  387.] 

Unlawful  to  destroy  foodstuffs. 

§  1.  It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  de- 
stroy any  animal,  vegetable  or  other  stuffs,  products  or  articles,  in 
restraint  of  trade  which  are  customary  food  for  human  beings  and  are 
in  fit  sanitary  condition  to  be  used  as  such. 

Violation  of  statute  a  misdemeanor. 

§  2.  Any  person,  firm  or  corporation  who  shall  violate  any  of  the 
provisions  of  this  act  shall  be  guilty  of  a  misdemeanor  and,  uj^on  con- 
viction thereof,  shall  be  punished  by  a  fine  not  to  exceed  five  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  not  to  exceed  six  months, 
or  by  both  such  fine  and  imprisonment. 

TITLE  179. 

FORESTRY. 
ACT  1216. 

An  act  to  provide  for  the  regulation  of  fires  on,  and  the  protection  and 
management  of,  public  and  private  forest  lands  within  the  state  of 
California,  creating  a  state  board  of  forestry  and  certain  officers 
subordinate  to  said  board,  prescribing  the  duties  of  such  oflScers, 
creating  a  forestry  fund,  and  appropriating  the  moneys  in  said  fund, 
and  defining  and  providing  for  the  punishment  of  certain  offenses 
for  violations  of  the  provisions  of  this  act,  and  making  an  appro- 
priation  therefor. 

[Approved   March   18,   1905.     Stats.   1905,   p.   235.] 

Amended  1911,  Statutes  of  1911,  page  709,  as  follows: 


1171  FORESTRY.  Act  1216,  §  19 

Inspection  of  forest  area.  Posting  notice.  Order  that  area  be  cleaned 
up.  Declaring  area  a  nuisance.  Expense. 
§  19.  It  shall  be  the  duty  of  the  state  board  of  forestry,  whenever  it 
shall  be  deemed  necessary,  to  notify  the  owner  of  any  forest  area  within 
the  state  by  a  written  notice  to  be  served  upon  the  person  or  persons  or 
corporation,  or  either  of  them,  owning  or  having  charge  of  such  area,  or 
upon  the  agents,  attorney  or  representative  of  either,  by  any  firewarden, 
deputy  firewarden  or  special  firewarden  or  any  employee  of  the  state 
board  of  forestry,  in  the  same  manner  as  a  summons  in  a  civil  action,  or 
if  such  area  belongs  to  any  nonresident  person  or  corporation  and  there 
is  no  person  in  control  or  possession  thereof,  and  such  nonresident  person 
or  corporation  has  no  tenant,  attorney,  representative  or  agent  upon- 
whom  such  service  can  be  bad,  or  if  the  owner  or  owners  of  such  area,  or 
their  tenants,  attorneys,  representatives,  or  agents  cannot  after  due  dili- 
gence be  found,  then  by  posting  the  said  notice  in  some  conspicuous  place 
upon  such  area  and  by  mailing  a  copy  thereof  to  the  owner  thereof  at 
his  last  known  place  of  residence  if  the  same  is  known  or  can  be  ascer- 
tained, that  the  said  state  board  of  forestry  intends  to  cause  an  inspec- 
tion to  be  made  of  the  said  forest  area  for  the  purpose  of  ascertaining 
whether  or  not  the  same  constitutes  a  nuisance  as  hereinafter  provided. 
The  said  notice  shall  describe  the  forest  area  to  be  inspected  by  general 
description  and  shall  designate  the  time  of  such  inspection.  At  the  time 
so  designated  in  said  notice  the  said  state  board  of  forestry  shall  cause 
an  inspection  to  be  made  of  the  said  forest  area  and  the  said  owner  or 
his  agent  shall  be  permitted  to  be  present  during  such  inspection  and 
shall  be  given  a  full  opportunity  of  showing  that  such  forest  area  is  not 
a  nuisance  as  contemplated  by  this  act.  If  the  said  state  board  of  for- 
estry after  such  inspection  finds  any  forest  area  inadequately  protected 
adjoining,  lying  near,  or  intermingled  with  other  forest  and  covered 
wholly  or  in  part  with  inflammable  debris,  which  by  reason  of  such 
location  or  condition  or  lack  of  protection  endangers  life  or  property,  the 
state  board  of  forestry  shall  in  writing  notify  the  owner  or  owners  of 
such  areas  that  the  condition  of  said  areas  endangers  life  or  property 
and  shall  require  such  person  or  corporation  to  clean  up  such  areas  by 
the  use  of  fire  or  otherwise  at  a  time  and  in  a  manner  to  be  therein 
specified.  Said  notice  may  be  served  upon  the  person  or  persons  or  cor- 
poration, or  either  of  them,  owning  or  having  charge  of  such  areas  or 
upon  the  agents  of  either,  by  any  firewarden,  deputy  firewarden  or  special 
firewarden  or  any  employee  of  the  state  board  of  forestry,  in  the  same 
manner  as  a  summons  in  a  civil  action;  provided,  however,  that  if  any 
such  area  belong  to  any  nonresident  person  or  corporation  and  there  is 
no  person  in  control  or  possession  thereof  and  such  nonresident  person 
or  corporation  has  no  tenant,  bailee,  depository  or  agent  upon  whom 
such  service  can  be  had;  or  if  the  owner  or  owners  of  such  areas  cannot 
after  due  diligence  be  found,  then  such  notice  may  be  served  by  posting 
the  same  in  some  conspicuous  place  upon  such  area,  and  by  mailing  a 
copy  thereof  to  the  owner  thereof  at  his  last  known  place  of  residence, 


Act  1223,  §§  1,  2  GENERAL   LAWS.  1172 

if  the  same  is  known  or  can  be  ascertained.  Any  and  all  guch  inade- 
quately protected  forest  areas  adjoining,  lying  near,  or  intermingled  with 
other  forest  and  covered  wholly  or  in  part  with  inflammable  debris, 
which  by  reason  of  such  location  or  condition  or  lack  of  protection  en- 
dangers life  or  property,  are  hereby  declared  to  be  a  public  nuisance; 
and  whenever  any  such  nuisance  shall  exist  within  the  state,  and  the 
proper  notice  shall  have  been  served,  as  herein  provided,  and  the  time 
specified  in  said  notice  shall  have  elapsed  without  the  nuisance  having 
been  abated,  it  shall  be  the  duty  of  the  state  board  of  forestry  to  cause 
said  nuisance  to  be  at  once  abated,  by  burning  or  otherwise  disposing 
of  the  inflammable  debris.  The  expense  thereof  shall  be  paid  by  the 
state  in  like  manner  as  bills  for  fire  fighting  are  paid.  Any  and  all  such 
sum  or  sums  so  paid  shall  be  and  become  a  lien  on  the  property  from 
which  said  nuisance  has  been  removed  or  abated  in  pursuance  of  this 
section,  and  said  lien  shall  continue  as  long  as  the  said  sum  or  sums 
above  referred  to  shall  remain  unpaid.  The  claim  for  any  lien  shall  be 
filed  by  the  state  forester,  or,  under  his  direction,  by  any  of  his  assist- 
ants or  firewardens,  in  the  ofliee  of  the  county  recorder  of  the  county  in 
which  the  property  on  which  said  nuisance  existed  is  situated.  Proceed- 
ings for  the  enforcement  of  such  lien  shall  be  instituted  by  the  district 
attorney  of  the  county  where  the  nuisance  existed,  at  the  request  of  the 
state  board  of  forestry  and  in  the  name  of  the  state  of  California  as 
claimant;  and  the  costs  shall  be  recovered  in  the  usual  manner.  The 
state  board  of  forestry  is  hereby  vested  with  the  power  to  cause  any  and 
all  such  nuisances  to  be  abated  in  a  summary  manner. 

§  2.     All  acts  and  parts  of  acts  in   conflict  herewith   are  hereby  re- 
pealed.    [Amendment  approved  April  7,  1911;  Stats.  1911,  p.  709.] 
Citations.     Cal.  161/644. 

ACT  1223. 

An  act  to  provide  for  the  reforestation,  the  cutting  of  fire  lanes  and 
fire  trails  on  the  Angeles  national  forest,  and  to  make  an  appropria- 
tion therefor. 

[Approved  June  3,  1913.     Stats.  1913,  p.  374.] 

Appropriation.     Forest  fire  protection,  San  Bernardino  mountains. 

§  1.  The  sum  of  five  thousand  dollars,  or  so  much  thereof  as  may 
be  necessary,  is  hereby  appropriated  out  of  any  money  in  the  state 
treasury  not  otherwise  appropriated,  which  money  shall  be  used  and 
expended  for  the  purpose  of  cutting  fire  lanes  and  fire  trails  to  protect 
the  timber  now  standing  or  that  may  be  planted  upon  the  San  Bernardino 
mountains,  in  the  state  of  California. 

Contract  with  United  States  forest  service. 

§  2.  The  state  board  of  control  is  hereby  empowered  to  enter  into  a 
contract  or  contracts  with  the  forest  seryice  of  the  United  States  gov- 


1173 


FREE   LIBRARIES. 


Acts  1229-1248a 


ernment  for  the  purpose  of  cutting  fire  lanes  and  fire  trails  for  the 
protection  of  the  forest  and  brush  specified  in  section  1  of  this  act; 
provided,  however,  that  these  expenditures  for  sueh  purposes  shall  not 
be  in  excess  of  the  amount  or  amounts  to  be  expended  by  the  forestry- 
department  of  the  federal  government  in  collaboration  with  the  specific 
work  named  above;  and  provided,  further,  that  in  case  the  forestry 
department  of  the  federal  government  above  mentioned  does  not  con- 
tribute the  fund  for  said  co-operation,  that  the  state  board  of  control 
shall  not  have  power  to  enter  into  such  contract  or  contracts  with  the 
said  department  for  the  expenditure  of  the  said  money. 

TITLE  181. 

FRANCHISES. 
AC?T  1229. 

Citations.      Cal.   lCl/272;    (§   1)    161/271.     App.   13/420. 

ACT   1230. 

Citations.     Cal.  160/131. 

ACT  1232. 

Citations.     Cal.  156/761,   762. 


TITLE  182. 

FRAUDULENT  CONVEYANCES. 
ACT  1239. 

Citations.     Cal.   156/249. 

TITLE  183. 

FREE  LIBRARIES, 
ACT  1248. 
An  act  to  provide  county  library  systems.     [Approved  April  12,  1909. 


Repealed  1911,  p.  80. 
See   next   act. 


Stats.  1909,  p.  811.] 


ACT  1248a. 

An  act  to  provide  for  the  establishment  and  maintenance  of  county  free 
libraries  in  the  state  of  California,  and  repealing  "An  act  entitled 
'An  act  to  provide  county  library  systems,'  approved  April  12,  1909, 
and  all  acts  and  parts  of  acts  in  conflict  with  this  act." 
[Approved  February  25,  1911.     Stats.  1911,  p.  80.] 

Supervisors  may  establish. 

§  1.     The    boards   of    supervisors   of   the   several   counties    shall   have 
power  to  establish  and  maintain,  within  their' respective  counties,  county 


Act  1248a,  §§  2-4  general  laws.  1174 

free  libraries  in  the  manner  and  with  the  functions   prescribed  in  this 
act. 

Not  to  include  cities  having  libraries.     Publication  of  notice. 

§  2.  The  board  of  super%isors  of  any  county  may  establish  at  the 
county  seat  a  county  free  library  for  that  part  of  such  county  lying 
outside  of  incorporated  cities  and  towns  maintaining  free  public  libraries, 
and  outside  of  library  districts  maintaining  district  libraries,  and  for 
all  such  additional  portions  of  such  county  as  may  elect  to  become  a 
part  of,  or  to  participate  in,  such  county  "free  library  system,  as  here- 
after provided  in  this  act.  At  least  once  a  week  for  two  successive 
weeks  prior  to  taking  such  action  the  board  of  supervisors  shall  publish, 
in  a  newspaper  designated  by  them  and  published  in  such  county,  notice 
of  such  contemplated  action,  giving  therein  the  date  of  the  meeting  at 
which  such  action  is  proposed  to  be  taken. 

How  cities  having  libraries  may  participate.  May  cease  to  participate. 
Publication  of  notice. 
§  3.  After  the  establishment  of  a  county  free  library  as  provided  in 
this  act,  the  board  of  trustees,  common  council  or  other  legislative  body 
of  any  incorporated  city  or  town  in  the  county  maintaining  a  free  public 
library,  or  the  board  of  trustees  of  any  library  district  maintaining  a 
district  library,  may  notify  the  board  of  supervisors  that  such  city,  town 
or  library  district  desires  to  become  a  part  of  the  county  free  library 
system,  and  thereafter  such  city,  town  or  library  district  shall  be  a  part 
thereof  and  its  inhabitants  shall  be  entitled  to  the  benefits  of  such 
county  free  library',  and  the  property  within  such  city,  town  or  library 
district  shall  be  liable  to  taxes  levied  for  county  free  library  purposes. 
But  the  board  of  trustees,  common  council  or  other  legislative  body  of 
any  incorporated  city  or  town  in  the  county,  or  the  board  of  trustees 
of  any  library  district  may  at  any  time  notify  the  board  of  supervisors 
that  such  city,  town  or  library  district  no  longer  desires  to  be  a  part 
of  the  county  free  library  system,  and  thereafter  such  city,  town  or 
library  district  shall  cease  to  participate  in  the  benefits  of  such  county 
free  library,  and  the  property  situated  in  such  city,  town  or  library  dis- 
trict shall  not  be  liable  to  taxes  for  county  free  library  purposes;  pro- 
vided, however,  that  the  board  of  trustees,  common  council  or  other 
legislative  body  of  any  incorporated  city  or  town,  or  the  board  of  trus- 
tees of  any  library  district,  shall  publish,  at  least  once  a  week  for  two 
successive  weeks  prior  either  to  giving  or  to  withdrawing  such  notice,  in 
a  newspaper  designated  by  said  board  of  trustees,  city  council  or  board 
of  library  trustees,  and  circulating  throughout  such  city,  town  or  library 
district,  notice  of  such  contemplated  action,  giving  therein  the  date 
and  the  place  of  the  meeting  at  which  such  contemplated  action  is  pro- 
posed to  be  taken. 

Cities  having  libraries  may  contract  with  county  library  for  service. 

§  i.  The  board  of  supervisors  of  any  county  wherein  a  county  free 
library  has  been  established  under  the  provisions  of  this  act,  shall  have 


1175  FREE  LIBRARIES.  Act  1248a,  §§  5, 6 

full  power  and  authority  to  enter  into  contracts  witli  any  incorporated 
city  or  town  maintaining  a  free  public  library,  and  any  such  incorpo- 
rated city  or  town  shall,  through  its  board  of  trustees  or  other  legislative 
body,  have  power  to  enter  into  contracts  with  such  county  to  secure  to 
the  residents  of  such  incorporated  city  or  town  the  same  privileges  of 
the  county  free  library  as  are  granted  to,  or  enjoyed  by,  the  residents  of 
the  county  outside  of  such  incorporated  city  or  town,  or  such  privileges 
as  may  be  agreed  upon  in  such  contract,  upon  such  consideration  to  be 
named  in  said  contract  as  may  be  agreed  upon,  the  same  to  be  paid  into 
the  county  free  library  fund,  and  thereupon  the  residents  of  such  incor- 
porated city  or  town  shall  have  the  same  privileges  with  regard  to  said 
county  free  library  as  are  had  by  the  residents  of  such  county  outside  of 
such  incorporated  city  or  town,  or  such  privileges  as  may  be  agreed  upon 
by  said  contract. 

One  county  may  furnish  library  service  to  another.     Library  tax. 

§  5.  The  board  of  supervisors  of  any  county  wherein  a  county  free 
library  has  been  established  under  the  provisions  of  this  act,  shall  have 
full  power  and  authority  to  enter  into  contracts  or  agreements  with  the 
board  of  supervisors  of  any  other  county  to  secure  to  the  residents  of 
such  other  county  such  privileges  of  such  county  free  library  as  may,  by 
such  contract,  be  agreed  upon  and  upon  such  consideration  as  may  in 
said  contract  be  agreed  upon,  the  same  to  be  paid  into  the  county  free 
library  fund,  and  thereupon  the  inhabitants  of  such  other  county  shall 
have  such  privileges  of  such  county  free  library  as  may  by  such  contract 
be  agreed  upon;  and  the  board  of  supervisors  of  such  county  shall  have 
full  power  and  authority  to  enter  into  a  contract  with  the  board  of 
supervisors  of  another  county  wherein  a  county  free  library  has  been 
established  under  the  provisions  of  this  act,  as  in  this  section  provided, 
and  shall  have  power  to  levy  a  library  tax,  as  in  this  act  provided,  for 
the  purpose  of  carrying  out  such  contract,  but  the  making  of  such  con- 
tract shall  not  bar  the  board  of  supervisors  of  such  county  during  the 
continuance  of  such  contract  from  establishing  a  county <free  library 
therein  under  the  provisions  of  this  act,  if  none  be  already  established 
therein,  and  upOn  the  establishment  of  such  county  free  library,  such 
contract  may  be  terminated  upon  such  terms  as  may  be  agreed  upon 
by  the  parties  thereto,  or  may  continue  for  the  term  thereof. 

Board  of  library  examiners.  To  pass  on  qualifications  of  county  li- 
brarians. 
•  §  6.  A  commission  is  hereby  created  to  be  known  as  the  board  of 
library  examiners,  consisting  of  the  state  librarian,  who  shall  be  ex- 
officio  chairman  of  said  board,  the  librarian  of  the  public  library  of  the 
city  and  county  of  San  Francisco,  and  the  librarian  of  the  Los  Angeles 
public  library.  The  members  of  said  board  shall  receive  no  compensa- 
tion for  their  services,  except  their  actual  and  necessary  traveling  ex- 
penses, to  be  paid  out  of  the  state  library  fund.     Said  board  shall  pass 


Act  1248a,  §§  7, 8  general  laws.  1176 

upon  the  qualifications  of  all  persons  desiring  to  become  county  libra- 
rians, and  may,  in  writing,  adopt  rules  and  regulations  not  inconsistent 
with  law  for  its  own  government,  and  for  carrying  out  the  purposes  of 
this  act.  Persons  of  either  sex  shall  be  eligible  to  certification  for  the 
ofBee  of  county  librarian. 

County  librarian,  appointment. 

§  7.  Upon  the  establishment  of  a  county  free  library,  the  board  of 
supervisors  shall  appoint  a  county  librarian,  who  shall  hold  office  for  the 
term  of  four  years,  subject  to  prior  removal  for  cause,  after  a  hearing, 
by  said  board.  No  person  shall  be  eligible  to  the  office  of  county 
librarian  unless  prior  to  his  appointment  he  has  received  from  the  board 
of  library  examiners  a  certificate  of  qualification  for  the  office.  At  the 
time  of  his  appointment,  the  county  librarian  need  not  be  a  resident  of 
the  county  nor  a  citizen  of  the  state  of  California. 

Government  of  county  library.     Employees.     Grades.     Apprentices. 

§  8.  The  county  free  library  shall  be  under  the  general  sujiervision 
of  the  board  of  supervisors,  which  shall  have  power  to  make  general 
rules  and  regulations  regarding  the  policy  of  the  county  free  library,  to 
establish,  upon  the  recommendation  of  the  county  librarian,  branches  and 
stations  throughout  the  county  and  may  locate  said  branches  and  stations 
in  incorporated  cities  and  towns  wherever  deemed  advisable  to  deter- 
mine the  number  and  kind  of  employees  of  such  library,  and  to  appoint 
and  dismiss  such  employees  upon  the  recommendation  of  the  county 
librarian.  Such  employee  shall  not  be  removed  excejit  for  cause,  and 
in  case  any  such  removal  be  made  upon  the  ground  that  the  services 
of  such  employee  are  no  longer  required,  such  removed  employee  shall 
have  the  first  right  to  be  restored  to  such  employment  when  such  ser- 
vices are  again  required,  but  the  board  of  supervisors  may,  at  the  time 
of  appointing  any  employee,  and  upon  the  recommendation  of  the  county 
librarian,  enter  into  an  agreement  that  such  employee  be  employed  for 
a  definite  Hme  only.  All  employees  of  the  county  free  library  whose 
duties  lequire  special  training  in  library  work  shall  be  graded  in  grades 
to  be  established  by  the  county  librarian,  with  the  advice  and  approval 
of  the  state  librarian,  according  to  the  duties  required  of  them,  experi- 
ence in  library  work  and  other  qualifications  for  the  service  required; 
and  before  appointment  to  a  position  in  the  graded  service,  the  candidate 
must  pass  an  examination  appropriate  to  the  position  sought,  satisfac- 
tory to  the  county  librarian,  and  show  a  satisfactory  experience  in 
library  work.  Work  in  approved  library  schools  or  libraries,  or  certifi* 
cates  issued  by  the  board  of  library  examiners,  may  be  accepted  by  the 
county  librarian  in  lieu  of  such  examination.  The  county  librarian  may 
also  accept  as  apprentices,  without  compensation,  candidates  possessing 
personal  qualifications  satisfactory  to  him  and  may  dismiss  the  same  at 
any  time  if  in  his  judgment  their  work  is  not  satisfactory  to  him. 


1177  FREE  LIBRARIES.  Act  1248a,  §§  9-11 

County  librarian,  bond,  duties.     Salary. 

§  9.  The  county  librarian  shall,  prior  to  entering  upon  the  duties  iftf 
his  ofBce,  file  with  the  county  clerk  the  usual  oath  of  office  and  a  bond, 
conditioned  upon  the  faithful  performance  of  his  duties,  with  sufficient 
sureties  approved  by  a  judge  of  the  superior  court  in  the  county  of 
which  the  librarian  is  to  be  the  county  librarian,  in  such  sum  as  may 
be  determined  by  the  board  of  supervisors.  The  county  librarian  shall, 
subject  to  the  general  rules  adopted  by  the  board  of  supervisors,  build 
up  and  manage,  according  to  accepted  principles  of  library  management 
of  the  library  for  the  use  of  the  people  of  the  county,  and  shall  deter- 
mine what  books  and  other  library  equipment  shall  be  purchased.  The 
salary  per  annum  of  the  county  librarian  shall  be  as  follows:  In  coun- 
ties of  the  first  to  the  third  classes  inclusive,  two  thousand  four  hundred 
dollars;  of  the  fourth  to  the  tenth  classes  inclusive,  two  thousand  dol- 
lars; of  the  eleventh  to  the  twentieth  classes  inclusive,  eighteen  hundred 
dollars;  of  the  twenty-first  to  the  thirtieth  classes  inclusive,  fifteen  hun- 
dred dollars;  of  the  thirty-first  to  the  forty  eighth  classes  inclusive, 
twelve  hundred  dollars;  and  of  the  forty-ninth  to  the  fifty-seventh 
classes  inclusive,  five  hundred  dollars.  The  salary  of  each  of  the  county 
librarians  here  provided  shall  be  paid  by  each  of  such  counties  in  equal 
monthly  installments,  at  the  same  time  and  in  the  same  manner  and  out 
of  the  same  fund  as  the  salaries  of  other  county  officers  are  paid.  The 
county  librarian  and  his  assistant  shall  be  allowed  actual  and  necessary 
traveling  expenses  incurred  on  the  business  of  the  office. 

Supervision  of  state  librarian.     Convention  of  county  librarians. 

§  10.  The  county  free  libraries  of  the  state  shall  be  under  the  gen- 
eral supervision  of  the  state  librarian,  who  shall  from  time  to  time, 
either  personally  or  by  one  of  his  assistants,  visit  the  county  free 
libraries  and  inquire  into  their  condition.  The  actual  and  necessary 
expenses  of  such  visits  shall  be  paid  out  of  the  state  library  fund.  The 
state  librarian  shall  annually  call  a  convention  of  county  librarians,  to 
assemble  at  such  time  and  place  as  he  shall  deem  most  convenient,  for 
the  discussion  of  questions  pertaining  to  the  supervision  and  admin- 
istration of  the  county  free  libraries,  the  laws  relating  thereto,  and 
such  other  subjects  affecting  the  welfare  and  interest  of  the  county 
free  libraries  as  shall  properly  be  brought  before  it.  It  is  hereby  made 
the  duty  of  all  the  county  librarians  to  attend  and  take  part  in  the  pro- 
ceedings of  such  convention.  The  actual  and  necessary  expenses  of  the 
county  librarians  attending  the  convention  shall  be  paid  out  of  the 
county  free  library  fund. 

Report. 

§  11.  The  county  librarian  sh-all,  on  or  before  the  thirty-first  day 
of  July  in  each  year,  report  to  the  board  of  supervisors  and  to  the 
state  librarian  on  the  condition  of  the  county  free  library,  for  the  year 
ending  June  thirtieth  preceding.     Such  reports  shall,  in  addition  to  other 


Act  1248a,  §§  12, 13  general  laws.  1173 

matters  deemed  expedient  by  the  county  librarian,  contain  such  statis- 
tical and  other  information  as  may  be  deemed  desirable  by  the  state 
librarian.  For  this  purpose  the  state  librarian  may  send  to  the  several 
county  librarians  instructions  or  question  blanks  so  as  to  obtain  the 
material  for  a  comparative  study  of  library  conditions  in  the  state. 

Tax  levy.     Bonds.     Gifts.     Fund.     Claims,  how  paid. 

§  12.  The  board  of  supervisors,  after  a  county  free  library  has  been 
established,  shall  annually  levy,  in  the  same  manner  and  at  the  same 
time  as  other  county  taxes  are  levied,  and  in  addition  to  all  other  taxes, 
a  tax  not  to  exceed  one  mill  on  the  dollar  of  as.=essed  valuation  ujiou 
all  property  in  such  county  outside  of  incorporated  cities  and  towns 
maintaining  free  public  libraries,  and  library  districts  maintaining  dis- 
trict libraries,  and  upon  all  i)roperty  within  incorporated  cities,  towns 
and  library  districts,  which  have  elected  to  become  a  part  of  such 
county  free  library  system  as  provided  in  this  act,  for  the  purpose  of 
purchasing  property  for,  establishing  and  maintaining  the  county  free 
library.  County  bonds  may  be  issued,  in  the  matter  prescribed  in  sec- 
tion 40Si8  of  the  Political  Code  for  the  erection  and  equipment  of  county 
free  library  buildings  and  the  purchase  of  land  therefor.  The  board 
of  supervisors  is  authorized  to  receive,  on  behalf  of  the  county,  any 
gift,  bequest  or  devise  for  the  county  free  library,  or  for  any  branch 
or  subdivision  thereof.  The  title  to  all  property  belonging  to  the  county 
free  library  shall  be  vested  in  the  county.  All  laws  applicable  to  the 
collection  of  county  taxes  shall  apjily  to  the  collection  of  the  tax  herein 
provided.  All  funds  of  the  county  free  library,  whether  derived  from 
taxation  or  otherwise,  shall  be  in  the  custody  of  the  county  treasurer. 
They  shall  constitute  a  separate  fund,  called  the  county  free  library  fund, 
and  shall  not  be  used  for  any  purposes  except  those  of  the  county  free 
library.  Each  claim  against  the  county  free  library  fund  shall  be  au- 
thorized and  approved  by  the  county  li-brarian,  or  in  his  absence  from 
the  county  by  his  assistant.  It  shall  then  be  acted  upon  in  the  same 
manner  as  are  all  other  claims  against  the   county. 

County   law   library. 

§  13.  In  any  county  of  this  state  where  a  law  library  may  now  or 
hereafter  exist  under  the  provisions  of  sections  4190  to  4204,  inclusive, 
of  the  Political  Code  of  the  state,  the  board  of  supervisors  of  such 
county  shall  have  the  power  to  enter  into  contracts,  or  agreements  with 
the  board  of  law  library  trustees  of  such  law  library  for  the  co-operation 
of  said  law  library  and  the  county  free  library,  and,  in  that  connection 
to  contract  or  agree  with  the  board  of  law  library  trustees  of  such  law 
library  that  the  county  librarian  and  other  employees  of  the  county 
free  library  perform  the  duties  required  to  be  done  or  performed  by 
the  officers  and  emplojees  of  such  law  library  as  contemplated  by  sec- 
tion 4190  to  4204,  inclusive,  of  the  Political  Code  of  this  state  for  a  com- 
pensation to  be  named  in  such  coutract  or  agreement,  the  same  to  be 
paid  into   the  county  free  library  fund. 


I 


1179  PEEE  LIBRARIES-  Act  1248a,  §§  14-17 

School  library. 

§  14.  The  board  of  supervisors  shall  have  power  to  accept  on  behalf 
of  the  county  free  library,  all  books  and  other  property  of  school 
libraries  and  of  the  teachers'  library  as  provided  by  sections  1565,  1715 
and  1716  of  the  Political  Code,  and  to  manage  and  maintain  the  same  as 
a  part  of  the   county  free  library. 

How  disestablished. 

§  15.  After  a  county  free  library  has  been  established,  it  may  be 
disestablished  in  the  same  manner  as  it  was  established.  At  least  once 
a  week  for  two  successive  weeks  prior  to  taking  such  action,  the  board 
of  supervisors  shall  publish,  in  a  newspaper  designated  by  them,  and 
published  in  the  county,  notice  of  such  contemplated  action,  giving 
therein  the  date  of  the  meeting  at  which  such  contemplated  action  is 
proposed  to  be  taken. 

Contract  with  public  library. 

§  16.  Instead  of  establishing  a  separate  county  free  library,  the 
board  of  supervisors  may  enter  into  a  contract  accorcFing  to  the  provi- 
sions of  this  section  with  the  board  of  library  trustees  or  other  authority 
in  charge  of  the  free  public  library  of  any  incorporated  city  or  town, 
and  the  board  of  library  trustees,  or  other  authority  in  charge  of  such 
free  public  library,  is  hereby  authorized  to  make  such  a  contract.  Such 
contract  may  provide  that  the  free  public  library  of  such  incorporated 
city  or  town  shall  assume  the  functions  of  a  county  free  library  within 
the  county  with  which  such  contract  is  made,  including  incorporated 
cities  and  towns  therein.  The  board  of  supervisors  may  agree  to  pay 
annually  into  the  library  fund  of  such  incorporated  city  or  town  such 
sum  as  may  be  agreed  upon.  Either  party  to  such  contract  may  ter- 
minate the  same  by  giving  six  months'  notice  of  intention  to  do  so. 

Act  of  April  12,  1909,  repealed. 

§  17.  An  act  entitled  "An  act  to  provide  county  library  systems," 
approved  April  12,  1909,  and  all  acts  and  parts  of  acts  in  conflict  here- 
with are  hereby  repealed;  provided,  however,  that  any  county  library 
which  may  have  been  established  and  is  now  in  existence  under  the  provi- 
sions of  the  act  approved  April  12,  1909,  shall  be  continued  under  the 
provisions  of  this  act,  and  be  considered  the  same  as  if  established  under 
the  provisions  of  this  act;  and  provided,  further,  that  in  any  case  where 
a  contract  has  been  entered  into  between  any  county  board  of  supervisors 
and  any  city  or  incorporated  town  under  the  provisions  of  section  12 
of  said  act,  the  same  shall  continue  in  force,  and  the  provisions  of  sec- 
tion 16  of  this  act  shall  be  applicable  thereto,  until  the  establishment 
and  equipment  of  a  county  free  library  under  the  provisions  of  sec- 
tions 1  to  15  inclusive  of  this  act,  unless  sooner  terminated  under  the 
provisions  thereof. 


Acts  1249-1276  general  laws.  1180 

ACT  1249. 

An  act  to  allow  unincorporated  towns  and  villages  to  establish,  equip 
and  maintain  public  libraries;  to  provide  for  the  formation,  gov- 
ernment and  operation  of  library  districts;  the  acquisition  of  prop- 
erty thereby;  the  calling  and  holding  of  elections  in  such  districts; 
the  assessment,  collection,  custody  and  disbursement  of  taxes  therein; 
and  to  create  boards  of  library  trustees. 

[Approved  April  12,  1909.     Stats.  1909,  p.  815.] 
Amended  1911,  p.  343. 

The  amendment  of  1911  is  as  follows: 

Canvass,  bond  election  of  library  districts.     Amount  of  bonds. 

§  33.  On  the  seventh  day  after  said  election,  at  8  o'clock  P.  M., 
the  returns  having  been  made  to  the  board  of  trustees,  the  board  must 
meet  and  canvass  said  returns,  and  if  it  appears  that  two-thirds  of  the 
votes  cast  at  said  election  were  cast  in  favor  of  issuing  such  bonds,  then 
the  board  shall  cause  an  entry  of  such  fact  to  be  made  upon  its  minutes 
and  shall  certify  to  the  board  of  supervisors  of  the  county,  all  the  pro 
ceedings  had  in  the  premises,  and  thereupon  said  board  of  supervisors 
shall  be  and  they  are  hereby  authorized  and  directed  to  issue  the  bonds 
of  said  district,  to  the  number  and  amount  provided  in  such  proceedings, 
payable  out  of  the  building  fund  of  said  district,  naming  the  same,  and 
that  the  money  shall  be  raised  by  taxation  ujion  the  taxable  property  in 
said  district,  for  the  redemption  of  said  bonds  and  the  payment  of  the 
interest  thereon;  provided,  that  the  total  amount  of  bonds  so  issued  shall 
not  exceed  five  per  cent  of  the  taxable  property  of  said  district,  as  shown 
by  the  last  equalized  assessment-book  of  the  county.  [Amendment  ap- 
proved March  13,  1911;  Stats.  1911,  p.  343.] 

TITLE  186. 

FUNDS. 
ACT  1276. 

An  act  requiring  the  transfer  of  funds  from  the  general  fund  of  the 
state  treasury  to  the  interest  and  sinking  fund  and  to  other  funds 
to  pay  interest-  and  principal  of  state  bonds,  and  interest  on  di- 
verted funds  of  the  University  of  California. 

[Approved  March  24,  1911.     Stats.  1911,  p.  484.] 

Transfer  of  funds  to  pay  interest  on  state  bonds. 

§  1.  Whenever  and  as  often  as  there  is  about  to  become  di7e  and 
payable  any  interest  on  state  bonds,  or  any  part  of  the  principal  of  said 
bonds  or  any  interest  on  diverted  funds  of  the  University  of  California, 
referred  to  in  chapter  65,  Statutes  of  1SJ93,  and  chapter  77,  Statutes 
of   1899,   and  there   is   not   sufficient   money  in   the   interest   and   sink- 


118J  FUNDS.  Acts  1284, 1284a 

ing  fund,  or  any  other  special  fund  established  by  law  for  the  purpose 
to  pay  the  interest  or  principal  so  becoming  due,  the  state  con- 
troller and  the  state  treasurer  shall  proceed  to  transfer  from  the  general 
fund  of  the  state  treasury  to  the  interest  and  sinking  fund,  or  to  any 
other  fund  provided  by  law  for  such  purpose,  sufficient  money  to  meet 
said  debt  obligations. 

ACT  1284, 

An  act  authorizing  the  investment  and  reinvestment  and  disposition  of 

any  moneys  in  any  sinking  fund  of  any  country,  city  and  county,  or 

incorporated  city  or  town,     [Approved  March  3,  1909.     Stats,  1909, 

p.  139.] 

Repealed   1911,  p.  582. 

See  Act  1284a, 

ACT  1284a. 

An  act  authorizing  the  investment  and  reinvestment,  and  disposition, 
of  any  moneys  in  any  sinking  fund  of  any  county,  city  and  county, 
or  incorporated  city  or  town,  and  repealing  an  act  entitled  "An  act 
authorizing  the  investment  and  reinvestment  and  disposition  of  any 
moneys  in  any  sinking  fund  of  any  county,  city  and  county,  or 
incorporated  city  or  town,"  approved  March  3,  1909. 

[Approved  April  3,  1911.     Stats.  1911,  p.  582.] 

Money  in  sinking  funds  may  be  invested  in  bonds. 

§  1.  Any  county,  city  and  county,  or  incorporated  city  or  town, 
which  has  now  or  hereafter  shall  have  any  moneys  in  any  sinking  fund 
established  for  the  purpose  of  providing  for  the  payment  of  the  prin- 
cipal or  interest  of  any  bonded  or  other  indebtedness,  or  for  any  other 
purpose,  is  hereby  authorized  to  invest  any  such  moneys  temporarily  in 
any  bonds  already  issued  or  hereafter  issued  of  such  county,  city  and 
county,  or  incorporated  city  or  town,  respectively,  or  of  the  United 
States  or  the  state  of  California,  or  of  any  other  county,  city  and 
county^  or  incorporated  city  or  town,  or  of  any  school  district  within 
the  state,  and  such  investment  may  be  made  by  direct  purchase  of  any 
issue  of  bonds,  or  part  thereof,  at  the  original  sale  of  such  bonds,  or 
by  the  purchase  of  such  bonds  after  they  have  been  so  issued.  Any 
bonds  thus  purchased  and  held  in  any  such  sinking  fund  may,  from 
time  to  time,  be  sold  and  the  proceeds  temporarily  reinvested  in  bonds, 
as  above  provided.  Sales  of  any  bonds  thus  purchased  and  held  in 
any  sinking  fund  shall,  from  time  to  time,  be  made  in  season,  so  that 
the  proceeds  may  be  applied  to  the  purposes  for  which  the  sinking  fund 
was  created. 

§  2.  The  functions  and  duties  in  this  act  authorized  shall  be  per- 
formed by  the  legislative  or  governing  body  of  the  county,  city  and 
county,  or  incorporated  city  or  town,  or  under  its  authority. 


Acts  1284b,  1284c  general  laws.  1182 

§  3.  An  act  entitled,  "An  act  authorizing  the  investment  and  re- 
investment and  disposition  of  any  moneys  in  any  sinking  fund  of  any 
county,  city  and  county,  or  incorporated  city  or  town,"  approved  March 
3,  1909,  is  hereby  repealed. 

ACT  1284b. 

An  act  to  provide  for  the  reversion   of  unexpended  balances  of  certain 

appropriations. 
[Approved  June   13,   1913.     Stats.   1913,  p.   809.] 

Eeversion  of  unexpended  balances. 

§  1.  No  money  shall  hereafter  be  paid  out  of  the  general  fund  of 
the  state  treasury  for  or  on  account  of  any  appropriation  made  by  the 
legislature  of  the  state  of  California  prior  to  the  first  day  of  January, 
1906;  but  all  unexpended  balances  of  all  such  apfiropriations  shall  revert 
to  and  become  a  part  of  the  unappropriated  moneys  in  the  general  fund; 
provided,  that  nothing  herein  contained  shall  be  so  construed  as  to  repeal 
or  otherwise  affect  any  act  providing  for  the  transfer  of  moneys  from 
the  general  fund  for  the  benefit  of  the  elementary  schools,  the  high 
schools,  the  university,  the  interest  and  sinking  fund,  or  any  other  bond 
interest  fund;  provided,  also,  that  this  act  shall  not  in  any  manner  affect 
acts  creating  statutory  salaries,  or  acts  whereby  the  regular  annual  ex- 
penditure of  fixed  sums  for  any  public  purpose  is  provided  for.  All  acts 
or  parts  of  acts  inconsistent  herewith  are  hereby  repealed. 

ACT  1284c. 

An  act  providing  for  the  designation  of  money  in  the  state  treasury 
as  surplus  money,  authorizing  the  investment  and  reinvestment  of 
such  money  in  certain  classes  of  bonds,  directing  the  disposal  of 
interest  or  premium  received  therefrom  and  permitting  the  subse- 
quent sale  or  exchange  of  the  bonds  so  purchased. 

[Approved  June   10,  1913.     Stats.   1913,  p.  563.] 

Investment  of  surplus  money  in  state  treasury. 

§  1.  Any  money  in  the  state  treasury  wliich  shall  have  been  des- 
ignated as  surplus  money  under  the  provisions  of  this  act  may  in 
the  manner  hereinafter  provided  be  invested  in  bonds  of  any  of  the 
following  classes: 

(a)  Bonds  or  interest-bearing  notes  or  obligations  of  the  United 
States,  or  those  for  w^hich  the  faith  and  credit  of  the  United  States 
are  pledged  for  the  payment   of  principal   and   interest; 

(b)  Bonds  of  this  state,  or  those  for  which  the  faith  and  credit  of  the 
state  of  California  are  pledged  for  the  payment  of  principal  and  interest; 

(c)  Bonds  of  any  county,  city  and  county,  city  or  school  district 
of  this  state. 


1183  FUNDS.  Act  1285 

Designation  of  surplus  money.     Maximiun. 

§  2.  The  state  treasurer,  and  the  members  of  the  state  board  of 
control  shall  at  such  times  as  these  deem  necessary,  or  upon  request 
in  writing  of  the  state  treasurer,  meet  and  determine  whether  any  por- 
tion of  the  money  then  in  the  state  treasury  is  not  necessary  for  im- 
mediate use,  and  if  so,  the  amount  thereof,  which  amount  shall  there- 
upon be  designated  as  "surplus  money";  provided,  however,  that  the 
amount  so  fixed  and  determined  as  surplus  money  shall  not  at  any 
time  be  in  excess  of  seventy-five  per  cent  of  the  least  amount  of 
money  shown  by  the  records  in  the  treasurer's  office  to  have  been  in 
the  state  treasury  at  the  end  of  any  day's  transactions  during  the 
twelve  months'  period  next  preceding  compiled  in  accordance  with  the 
provisions  of  section  675  of  the  Political  Code.  Upon  the  unanimous 
approval  of  said  state  officials,  there  shall  be  spread  upon  the  minutes 
of  the  state  board  of  control  at  each  such  meeting  a  resolution  desig- 
nating the  amount  of  money  so  determined  by  them  to  be  surplus 
money  within  the  meaning  of  this  act,  and  thereupon  the  state  board 
of  control  shall  proceed  to  invest  the  same  in  the  purchase  of  bonds 
of  any  of  the  classes  described  in  section  1  of  this  act. 

Sale  or  exchange  of  bonds  purchased.  Interest  paid  into  "bond  invest- 
ment fund." 
§  3.  Any  bonds  purchased  or  held  under  the  provisions  of  this  act 
may  be  sold  or  exchanged  for  other  bonds  of  any  of  the  classes  described 
in  section  1  of  this  act,  and  the  money  received  from  any  such  sale 
may  be  reinvested  by  the  state  board  of  control  in  the  purchase  of 
any  such  bonds;  provided,  that  no  such  sale  or  exchange  shall  be  made 
at  a  price  which  will  result  in  a  net  loss  to  the  state;  and  provided, 
further,  that  any  interest  or  premium  collected  or  received  by  the 
state  from  any  bonds  purchased  or  held  under  the  provisions  of  this 
act  shall  be  credited  by  the  state  treasurer  to  a  fund  to  be  known  as 
the  "bond  investment  fund"  which  fund  is  hereby  established.  The 
state  treasurer  shall  semi-annually,  on  the  last  days  of  June  and  De- 
cember, transfer  one-half  of  the  amount  then  in  said  fund  to  the  gen- 
eral fund,  and  shall  transfer  one-half  of  the  amount  then  in  said  fund 
to  the  state  school  land  fund. 

Certain  funds  not  affected. 

§  4.  This  act  shall  not  be  construed  as  affecting  the  method  of 
investing  the  state  school  land  fund,  the  estates  of  dee-eased  persons 
fund,  the  dissolved  savings  bank  fund,  or  the  sinking  funds  under  the 
control  of  the  state  treasurer,  and  the  laws  relating  thereto  shall  re- 
main in  full  force  and  effect. 

ACT  1285, 

An  act  to  provide  for  and  regulate  the  deposit  of  county  and  municipal 
moneys   in   banks    and    banking    corporations,    limiting   the    amount 


Act  1290a,  §  1  GENER.\L  LAWS.  1184 

of  public  moneys  that  may  be  deposited  therein,  and  providing  a 
penalty  for  the  illegal  deposit  and  use  thereof. 

[Approved    March    23,    1907.     Stats.    1907,    p.    974.] 
Amended  1913,  p.  107. 

The  amendment  of  1913  follows: 

Deposit  of  county  and  city  funds.     Security.     Interest. 

§  1.  All  moneys  belonging  to  any  county  or  municipality  within  the 
state  may  be  deposited  by  any  officer  of  such  county  or  municipality 
having  the  legal  custody  of  such  county  or  municipal  funds  in  any 
licensed  national  bank  or  banks  within  this  state,  or  in  any  bank, 
banks  or  corporations  authorized  and  licensed  to  do  a  banking  business 
and  organized  under  the  laws  of  this  state;  provided,  that  such  bank 
or  banks  in  which  such  moneys  are  deposited  shall  furnish  as  security 
for  such  deposits  bonds  of  the  United  States,  or  of  this  state,  or  of 
any  county,  municipality,  school  district,  or  irrigation  district  within 
this  state,  approved  by  the  officer  making  the  deposit  and  the  district 
attorney  for  the  county  or  city  attorney  for  the  municipality  to  which 
the  deposit  belongs.  The  market  value  of  the  bonds  furnished  shall 
be  at  least  ten  per  cent  in  excess  of  the  amount  of  the  deposit  secured 
thereby;  but  the  amount  of  the  deposit  shall  in  no  case  exceed  the  face 
value  of  the  bonds  furnished  as  security  therefor;  and  provided,  that 
such  bank  or  banks  shall  pay  a  reasonable  rate  of  interest,  not  less  than 
two  per  cent  per  annum,  on  the  dailv  balances  therein  deposited. 
[Amendment  approved  April  29,  1913;  Stats.  1913,  p.  107.J 

ACfT  1290a. 

An   act   authorizing   tlie    investment    and    reinvestment   and    disposition 

of    any   surplus    moneys   in    the    treasury    of    any    county,    city    and 

county  or  incorporated  city  or  town. 

[Approved    April    23,    1913.     Stats.    1913,    p.    76.] 

Investment  of  surplus  county  funds.    Sale  of  bonds. 

§  1.  Any  county,  city  and  county,  or  incorporated  city  or  town 
which  now  has,  or  hereafter  shall  have,  anj'  surplus  money  in  the  treas- 
ury thereof,  not  required  for  the  immediate  necessities  of  the  said 
county,  city  and  county,  or  incorporated  city  or  town,  is  hereby  au- 
thorized to  invest  such  portion  of  any  such  surplus  as  to  the  govern- 
ing body  of  the  said  county,  city  and  county,  or  incorporated  city  or 
town  may  be  deemed  wise  or  expedient  in  any  bonds  already  issued 
or  hereafter  issued  by  such  county,  city  and  county,  or  incorporated 
city  or  town  respectively,  or  in  bonds  already  issued  or  hereafter  issued 
by  any  school  district  situated  in  whole  or  in  part  within  the  limits 
of  such  county,  city  and  county,  or  incorporated  city  or  town,  or  in 
bonds  already  issued  or  hereafter  issued  by  the  state  of  California, 
or  the  United  States,  and  such  investment  may  be  made  by  direct  pur- 


1185  GAME  LAWS.  Act  1295a,  §§  1-5 

chase  of  any  issue  of  bonds,  or  part  thereof,  at  the  original  sale  of 
Bueh  bonds,  or  by  the  purchase  of  such  bonds  after  they  have  been 
thus  issued.  Any  bonds  thus  purchased  and  held  may,  from  time  to 
time,  be  sold  and  the  proceeds  reinvested  in  bonds  as  above  provided. 
Sales  of  any  bonds  thus  purchased  and  held  shall,  from  time  to  time, 
be  made  in  season  so  that  the  proceeds  may  be  applied  to  the  purposes 
for  which  the  money,  with  which  the  bonds  were  originally  purchased, 
was  placed  in  the  treasury  of  the  county,  city  and  county,  or  incor- 
porated city  or  town. 

Legislative  body  to  perform  duties  under  act. 

§  2.  The  functions  and  duties  of  this  act  authorized  shall  be  per- 
formed by  the  legislative  or  governing  body  of  the  county,  city  and 
county,  or  incorporated  city  or  town,  or  under  its  authority. 

TITLE  189. 

GAME  LAWS. 
ACT  1295a. 

An  act  to  divide  the  state  of  California  into  six  fish  and  game  districts, 
[Approved   March   21,   1911.     Stats.   1911,   p.   425.] 

Amended  June  16,  1913,  Statutes  of  1913,  page  988,  as  follows: 

Six  fish  and  game  districts. 

§  1.  The  state  of  California  is  hereby  divided  into  six  fish  and  game 
districts  to  be  known  and  designated  the  first  fish  and  game  district, 
the  second  fish  and  game  district,  the  third  fish  and  game  district,  the 
fourth  fish  and  game  district,  the  fifth  fish  and  game  district,  the  sixth 
fish  and  game  district  and  the  seventh  fish  and  game  district. 

First. 

§  2.  The  first  fish  and  game  district  shall  consist  of  and  include  the 
counties  of  Siskiyou,  Modoc,  Lassen,  Shasta,  Trinity,  Tehama. 

Second. 

§  3,  The  second  fish  and  game  district  shall  consist  of  and  include 
the  counties  of  Del  Norte,  Humboldt,  Mendocino,  Glenn,  Colusa,  Lake, 
Sonoma,  Napa,  Yolo,  Solano,  Marin. 

Third. 

§  4.  The  third  fish  and  game  district  shall  consist  of  and  include 
the  counties  of  Plumas,  Butte,  Sierra,  Yuba,  Sutter,  Nevada,  Placer, 
El  Dorado,  Sacramento,  San  Joaquin,  Amador,  Calaveras,  Tuolumne, 
Mariposa. 

Fourth. 

§  5.     The   fourth  fish   and   game   district   shall   consist   of   and   include 
the  counties  of  Madera  and  Tulare,  and  that  part  of  Stanislaus  county 
75 


Act  1298  GENERAL  LAWS.  1186 

east  of  the  west  bank  of  the  San  Joaquin  river;  that  part  of  Merced 
county  east  of  the  west  bank  of  the  San  Joaquin  riverj  that  part  of 
Fresno  county  east  of  the  west  bank  of  San  Joaquin  river,  Fresno 
slough,  Fish  slough,  Summit  lake  and  Tulare  lake;  that  part  of  Kings 
county  east  of  the  west  bank  of  Kings  river  between  Summit  lake 
and  Tulare  lake;  that  part  of  Kings  county  east  of  the  west  bank  of 
Tulare  lake  and  east  of  the  west  bank  of  Bull  slough;  that  part  of 
Kern  county  east  of  the  west  bank  of  Bull  slough  and  the  west  and 
south  bank  of  Buena  Vista  lake  to  the  southeast  corner  of  that  lake; 
that  part  of  Kern  county  on  the  northerly  side  of  a  line  from  this 
point  to  the  southeast  corner  of  section  eight,  township  ten  north,  range 
nineteen  west,  San  Bernardino  base  and  meridian  at  a  point  where  the 
county  road  cuts  said  section  corner,  such  a  point  being  on  the  north- 
ern boundary  of  the  rancho  Castac;  that  part  of  Kern  county  on  the 
northerly  side  of  a  line  from  this  point  following  the  northern  bound- 
ary of  the  rancho  Castac  to  where  this  boundary  joins  the  westerly 
boundary  of  the  Fort  Tejon  rancho;  that  part  of  Kern  county  lying 
northerly  and  westerly  of  the  west  and  north  boundary  of  the  Fort 
Tejon  rancho  to  where  the  main  line  of  the  Southern  Pacific  railroad 
intersects  said  rancho  boundary;  that  part  of  Kern  county  on  the  east- 
erly side  of  the  main  line  of  the  Southern  Pacific  railraad  from  this 
point  to  where  the  said  railroad  crosses  the  south  line  of  Kern  county. 

Fifth. 

§  6.  The  fifth  fish  and  game  district  shall  consist  of  and  include  the 
counties  of  Contra  Costa,  Alameda,  San  Francisco,  San  Mateo,  Santa 
Clara,  Santa  Cruz,  San  Benito,  Monterey,  San  Luis  Obispo,  Santa  Bar- 
bara and  those  parts  of  Stanislaus,  Merced,  Fresno,  Kings  and  Kern 
counties  not  included  in  fish  and  game  district  No.  4. 

Sixth. 

§  7.  The  sixth  fish  and  game  district  shall  consist  of  and  include 
the  counties  of  Ventura,  Los  Angeles,  Orange,  San  Diego,  Imperial. 
Riverside,  San  Bernardino. 

Seventh. 

§  8.  The  seventh  fish  and  game  district  shall  consist  of  and  include 
the  counties  of  Inyo,  Mono,  Alpine. 

The    amendatory    act    of    1913    by    its    title    purported    merely    to    add    b    new 
section,   but  it  re-enacted  the   entire   statute   as   above. 

ACT    1298. 

An  act  to  regulate  the  vocation  of  fishing,  and  to  provide  therefrom 
revenue  for  the  propagation,  restoration,  and  preservation  of  fish 
in  the  waters  of  the  state  of  California. 

[Approved  March  13,  1909.     Stats.  1909,  p.  302.] 
Amended   1913,   p.    985. 
The  amendment  of  1913  follows: 


1187  GAME  LAWS.  Act  1298a,  §§  1, 2 

License  for  fishermen, 

§  3.  Licenses  shall  be  issued  and  delivered  upon  application  to  the 
state  board  of  fish  and  game  commissioners  or  their  deputies.  The 
license  fee  shall  be  ten  dollars  for  each  person.  Not  more  than  one 
license  shall  be  issued  to  any  one  person  for  the  same  year,  except 
upon  aflidavit  by  the  applicant  that  the  one  issued  has  been  lost  or 
destroyed,  and  no  license  issued  as  herein  provided  shall  be  transfer- 
able or  used  by  any  other  person  than  the  one  to  whom  it  was  issued. 
Every  person  having  a  license  as  provided  herein,  who  refuses  to  ex- 
hibit such  license  upon  demand  of  any  officer  authorized  to  enforce  the 
fish  and  game  laws  of  this  state,  or  any  peace  officer  of  this  state; 
or  who  transfers  or  disposes  of  the  same  to  another  person  to  be  used 
as  a  fisherman's  license;  or  who  fishes  with  unlawful  lines,  nets,  seines, 
or  by  modes  or  methods  in  violation  of  any  law,  for  the  preservation  of 
fish  and  game  shall  forfeit  this  license.  [Amendment  approved  June 
16,  1913;   Stats.  1913,  p.  985.] 

ACT  1298a. 

An  act  to  regulate  and  license  the  taking  and  catching  of  game  fishes 

and  to  define  game  fish  and  to  provide  revenue  therefrom,  for  fish 

preservation  and  restoration. 
[Approved  June  16,  1913.     Stats.  1913,  p.  986.    In  effect  January  1,  1914.] 

License  to  taJse  game  fish. 

§  1.  Every  person  over  the  age  of  eighteen  years  who,  in  the  state 
of  California,  takes,  catches,  or  kills  any  game  fish  for  any  purpose 
other  than  for  profit,  without  first  procuring  a  license  therefor,  as  pro- 
vided in  this  act  is  guilty  of  a  misdemeanor. 

Licenses  issued  by  county  clerks. 

§  2.  Licenses  granting  the  privilege  to  take,  catch  or  kill  game 
fishes  for  purposes  other  than  for  profit,  shall  be  issued  and  delivered, 
upon  application,  by  the  county  clerk  of  any  of  the  counties  of  this 
state,  or  by  the  state  board  of  fish  and  game  commissioners,  which  board 
shall  prepare  suitable  licenses  of  convenient  form  and  size  and  have 
printed  or  stamped  thereon  the  words  "Sporting  Fishing  License  No. 
,  State  of  California,  expires  December  31,  19 — ,"  with  the  registra- 
tion number  and  appropriate  year  printed  or  stamped  thereon,  which 
said  license  shall  be  prepared  and  furnished  to  the  county  clerks  for 
their  own  disposition  by  the  state  board  of  fish  and  game  commissioners, 
which  board  shall  take  receipt  therefor  by  number  and  quantity,  from 
the  several  county  clerks  and  the  county  clerks  shall  be  responsible 
therefor,  and  shall  account  for  the  same  to  the  controller  of  the  state 
every  three  months  beginning  with  the  first  day  of  January  of  each 
year.  For  each  license  sold,  registered  and  accounted  for  by  any  per- 
son, excepting  by  a  fish  and  game  commissioner,  he  shall  be  allowed 
as  compensation,  for  his  own  use,  out  of  the  fish  and  game  preserva- 
tion fund,  ten  per  cent  of  the  amount  accounted  for. 


Act  1298a,  §§  3-8  general  laws.  1188 

Fees. 

§  3.     Licenses  as  herein  provided  for  shall  be  issued  as  follows: 

First — To  any  citizen  of  the  United  States,  over  the  age  of  eighteen 
years,  who  is  a  bona  fide  resident  of  the  state  of  California,  upon  the 
payment  of  one  dollar. 

Second — To  any  citizen  of  the  United  States,  over  the  age  of  eighteen 
years,  not  a  bona  fide  resident  of  the  state  of  California,  upon  the  pay- 
ment of  three  dollars. 

Third — To  any  person,  not  a  citizen  of  the  United  States  and  over 
the  age  of  eighteen  years,  upon  the  payment  of  three  dollars. 

Facts  given  by  applicant. 

§  4.  Every  person  applying  for  and  securing  a  license  as  herein 
provided,  shall  furnish  to  the  county  clerk  and  the  state  board  of  fish 
and  game  commissioners  his  name  and  residence  address,  which  informa- 
tion shall  be  by  the  clerk  or  board  entered  in  a  book  kept  for  that 
purpose,  and  provided  by  the  state  board  of  fish  and  game  commissioners, 
together  with  a  statement  of  the  date  of  issuance  and  the  number  of 
the  license  issued  to  such  person.  Such  applicant  shall  also  furnish 
to  the  county  clerk  or  fish  and  game  commissioners  a  written  descrip- 
tion of  himself,  by  age,  height,  nationality,  and  color  of  eyes  and  hair. 

Life  of  license. 

§  5.  All  licenses  issued  as  herein  provided  shall  be  valid,  and  shall 
authorize  the  person  to  whom  issued  to  take,  catch  and  kill  game  fishes 
in  accordance  with  law,  on  and  from  the  first  day  of  January  of  the 
year  in  which  such  license  is  issued,  until  the  date  of  expiration  writ- 
ten or  stamped  thereon,  but  no  license  shall  continue  in  force  for  a 
period  longer  than  one  year,  nor  shall  such  license  be  issued  to  any 
person  unless  the  holder  thereof  shall  agree  to  exhibit  any  game  fish 
in  his  possession  to  any  regularly  appointed  deputy  fish  and  game  com- 
missioner upon  demand,  said  agreement  to  be  contained  in  said  license. 

Only  one  license  to  a  person. 

§  6.  Not  more  than  one  license  shall  be  issued  to  any  one  person 
for  the  same  license  year,  except  upon  an  affidavit  by  the  applicant 
that  the  one  previously  issued  has  been  lost  or  destroyed,  and  no  license 
issued  as  herein  provided  shall  be  transferable  or  used  by  any  other 
person  than  the  one  to  whom  it  was  issued. 

Must  exhibit  license  or  fish. 

§  7.  Every  person  having  a  license  as  provided  herein  must  exhibit 
such  license,  or  any  game  fish  that  may  be  in  his  possession,  upon  de- 
mand of  any  officer  authorized  to  enforce  the  fish  and  game  laws  of  this 
state,  or  any  peace  officer  of  the  state. 

Game  fish. 

§  8.  For  the  purposes  of  this  act  the  following  only  shall  be  con- 
sidered game  fishes:    Tuna,  yellow-tail,  jewfish  or  black  sea  bass,  albi- 


1189  GAME  LAWS.  Act  1339,  §  4 

core,  barracuda,  bonita,  rock  bass,  California  whiting,  also  known  as 
corbina  and  surf-fish,  yellow-fin  croaker,  spot-fin  croaker,  salmon,  steel- 
head  and  other  trout,  charr  whitefisb,  striped  bass  and  black  bass. 

PenaJty  for  false  statement. 

§  9.  Every  person  who  makes  any  false  statement  as  to  any  of 
the  facts  required  by  this  act,  for  the  purpose  of  obtaining  a  license, 
and  every  person  violating  any  of  the  provisions  of  this  act  shall  be 
guilty  of  a  misdemeanor  and  shall  upon  conviction  thereof  be  pun- 
ished by  a  fine  of  not  less  than  twenty-five,  nor  more  than  one  hundred 
dollars  or  by  imprisonment  in  the  county  jail  for  a  term  of  not  less 
than  ten  days  nor  more  than  one  hundred  days  or  by  both  such  fine 
and  imprisonment  and  shall  forfeit  such  license  as  may  have  been  ob- 
tained, and  no  new  license  shall  be  issued  to  such  person  for  the 
remainder  of  the  license  year. 

Disposition  of  receipts. 

§  10.  All  moneys  collected  from  the  sale  of  licenses  as  provided 
in  this  act  and  all  fines  and  forfeitures  imposed  and  collected  for  the 
violation  of  any  of  the  provisions  thereof,  shall  be  paid  into  the  state 
treasury  to  the  credit  of  the  fish  and  game  preservation  fund. 

Not  applicable  to  game  commission. 

§  11.  Nothing  in  this  act  shall  apply  to  any  deputy  or  employee  of 
the  California  fish  and  game  commission  while  employed  in  taking  fish 
for  scientific  purposes  or  for  the  purposes  of  propagation  under  the 
direction   of   said   commission. 

In  effect. 

§  12.     This  act  shall  take  effect  January  1,  1914. 

ACT  1339. 

An  act  to  prevent  the  taking  of  fish  by  means  of  weirs,  dams,  nets, 
traps  or  seines,  in  certain  tide  water  on  the  coast  of  Mendocino 
county. 

[Approved   March  25,   1909.     Stats.   1909,   p.   753.] 
Amended  1911,  Statutes  of  1911,  page  915,  as  follows: 

Act  subject  to  Penal  Code,  section  634. 

§  4.  The  provisions  of  this  act  are  subject  to  section  634  of  the 
Penal  Code,  and  the  use  of  such  weir,  dam,  net,  trap  or  seine  for  the 
purpose  of  catching  fish,  and  the  taking  of  fish  from  any  weir,  dam,  net, 
trap  or  seine  in  the  waters  described  in  this  act  shall  be  permitted  at 
the  times  and  in  the  manner  set  out  in  said  section  634  of  the  Penal 
Code.     [Amendment  approved  April  14,  1911;   Stats.  1911,  p.  915.] 


Act  1340c,  §  1  GENERAL  LAWS.  1190 

ACT  1340c. 

An  act  to  provide  for  the  transfer  to  the  state  of  California  by  owners 
of  patented  lands  therein  of  the  right  to  preserve  and  protect  wild 
game  on  such  patented  lands;  to  define  the  duties  of  the  state  board 
of  fish  commissioners  in  relation  to  the  control  of  such  rights,  and 
to  declare  the  hunting  of  wild  game  within  the  exterior  boundaries 
of  the  land  to  which  right  attaches,  a  misdemeanor. 

[Approved  March  21,  1907.     Stats.  1907,  p.  788.] 
Amended   1909,  p.  618;   1913,  p.   992. 

The  amendment  of  1913  follows: 

Transfer  of  land  for  game  preserve  authorized.  Unlawful  to  take  game. 
Notices. 
§  1.  Any  person,  firm  or  corporation,  owning  and  in  possession  of 
patented  lands  in  the  state  of  California,  embracing  an  area  of  not  less 
than  one  hundred  and  sixty  acrec,  may  transfer,  by  an  instrument  in 
writing  duly  acknowledged  before  an  oflBcer  authorized  under  the  laws 
of  this  state  to  take  acknowledgments,  to  the  state  of  California,  the 
right  to  preserve  and  protect  ail  wild  game  on  the  land  described  therein 
for  a  period  of  not  less  than  ten  years.  Such  instrument  shall  be  filed 
with  the  state  board  of  fish  commissioners;  whereupon  such  board  may 
in  its  discretion  declare  the  lands  described  in  such  instrument  a  state 
game  preserve,  and  thereafter  for  the  period  named  therein,  shall,  for 
all  the  purposes  relating  to  the  preservation  and  protection  of  wild 
game,  be  under  the  control  of  said  board.  Such  preserve  shall  be 
numbered  in  the  order  of  the  filing  of  the  instrument  of  transfer  thereof. 
A  copy  of  the  declaration  establishing  the  same  shall,  under  the  seal  of  said 
board,  be  issued  to  such  person,  firm  or  corporation,  transferring  the  right 
therefor.  During  the  period  named  in  such  instrument  it  shall  be  unlawful 
for  any  person  to  hunt,  pursue,  shoot,  take,  kill  or  destroy  any  wild  game 
within  the  exterior  boundaries  thereof.  The  state  board  of  fish  commissioners 
shall  cause  to  be  prepared  suitable  notices  to  be  posted  under  its  direction 
on  each  state  game  preserve  and  such  not>ices  shall  describe  the  lands  con- 
stituting the  same,  and  shall  contain  a  warning  to  all  persons  to  refrain 
for  the  period  named  therein  from  violations  of  the  provisions  of  this 
act;  provided,  however,  that  no  provision  in  this  act  contained  shall  be 
construed  as  prohibiting  or  preventing  any  person  or  persons  from  hunt- 
ing or  taking  fish  and  wild  game  from  or  on  navigable  water;  and  pro- 
vided, further,  that  the  word  "lands,"  as  used  in  this  section,  shall  not 
be  construed  to  include  any  land  which  is  covered  and  uncovered  by 
the  ordinary  daily  tide  of  the  Pacific  Ocean.  [Amendment  approved 
June  ItJ,  1913;  Stats.  1913,  p.  992.] 


1191  GAME  LAWS.  Act  1340d,  §§  1-4 

ACT  134Dd. 

An  act  to  create  a  preserve  for  shellfish  and  invertebrate  animals  within 
a  portion  of  the  bay  of  Monterey  and  to  prohibit  taking  the  same 
from  such  preserve  for  commercial  purposes. 

[Approved  March  21,  1907.     Stats.  1907,  p.  758.] 
Amended  1913,  p.   980. 

The  amendments  of  1913  follow: 

Shellfish  preserve  in  Monterey  bay  created. 

§  1,  A  preserve  for  all  kinds  of  shellfish  and  invertebrate  animals, 
except  squid  and  devilfish,  is  hereby  created,  which  shall  consist  of  that 
portion  of  the  bay  of  Monterey  bounded  and  described  as  follows: 
Commencing  at  the  extreme  point  of  Point  Pinos  at  the  southern  entrance 
to  Monterey  bay  and  running  thence  in  a  straight  line  easterly  to  the 
eastern  shore  of  said  bay  to  a  point  north  of  the  town  of  Seaside,  said 
point  being  marked  by  a  permanent  monument  placed  by  the  United 
States  government  surveyors  and  designated  as  "Monterey  N.  O.  T.  C.  & 
G.  S.  Sta.";  thence  following  the  shore  line  on  and  around  the  southerly 
side  of  said  bay  to  the  place  of  beginning.  [Amendment  approved  June 
16,  1913;  Stats.  1913,  p.  980.] 

Fishing  prohibited. 

§  2.  No  person  shall  fish  for,  catch,  take  or  remove  any  shellfish  or 
invertebrate  animals  of  any  kind,  other  than  squid  and  devilfish,  for 
commercial  purposes  from  the  preserve  herebv  created.  [Amendment  ap- 
proved June  16,  1913;  Stats,  1913,  p.  981.] 

Penalty. 

§  3.  Any  person  violating  any  of  the  provisions  of  this  act  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be  punished 
by  a  fine  of  not  less  than  twenty-five  dollars  nor  more  than  five  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  of  the  county  in  which 
conviction  shall  be  had  of  not  less  than  ten  days  nor  more  than  one 
hundred  and  fifty  days,  or  by  both  such  fine  and  imprisonment.  [Amend- 
ment approved  June  16,  1913;  Stats.  1913,  p.  981.] 

Disposition  of  fines. 

§  4.  All  fines  and  forfeitures  imposed  and  collected  for  any  violation 
of  the  provisions  of  this  act  shall  be  paid  into  the  state  treasury  to  the 
credit  of  the  fish  and  game  preservation  fund,  [Amendment  approved 
June  16,  1913;  Stats.  1913,  p.  981.] 


Acts  1340e,  1340f  general  laws.  1192 

ACT  1340e. 

An  act  to  create  a  fish  and  game  preservation  fund  and  to  unite  the  "fish 
commission  fund,"  and  the  "game  preservation  fund"  into  a  common 
fund  to  be  known  as  "fish  and  game  preservation  fund." 
[Approved  March  15,  1909.     Stats.  1909,  p.  392.] 
Amended  1911,  Statutes  of  1911,  page  807,  as  follows: 

Fish  aJid  game  preservation  fund. 

§  1.  There  is  hereby  created  a  fund  to  be  known  as  and  called 
"Fish  and  Game  Preservation  Fund"  which  said  fund  shall  be  kept  in 
the  state  treasury,  and  shall  be  applicable  to  the  payment  of  the  expense 
of  propagating,  protecting,  restoring  and  introducing  fish  in  the  public 
waters  of  this  state,  and  to  the  propagation,  protection,  restoration  and 
transferring  of  game  birds  and  animals  in  the  state,  and  to  the  introduc- 
tion of  game  birds  and  animals  into  the  state,  and  to  the  payment  of 
the  expenses  incurred  in  the  prosecution  of  offenders  against  the  fish 
and  game,  and  fish  and  game  license  laws  of  the  state,  and  for  the  cost 
of  acquisition,  construction  and  maintenance  of  fish  hatcheries  in  the 
state,  and  to  all  other  necessary  expenses,  approved  by  the  fish  and  game 
commissioners.     [Amendment  approved  April  8,  1911;  Stats.  1911,  p.  807.] 

ACT  1340f. 

An  act  to  regulate  the  vocation  of  dealing  in  fish  and  in  wild  game  and 
animals  lay  wholesale  for  profit  and  to  provide  therefrom  revenue 
for  the  propagation  and  restoration  of  fish  and  game  in  the  state 
of  California. 

[Approved  April   14,   1911.     Stats.   1911,  p.  900.] 

License  for  fish  dealers. 

§  1.  Every  person  engaged  in  the  vocation  of  dealing  in,  buying  and 
selling  fish  or  shellfish  or  wild  game  or  animals  by  wholesale  in  this  state, 
must  first  obtain  a  license  before  engaging  in  such  vocation. 

Controller  to  prepare  license.     Countersigned. 

§  2.  The  controller  of  state  shall  prcprxre  suitable  licenses,  of  the 
classes  designated  by  the  fish  and  game  commissioners  which  shall  pur- 
port to  license  the  holder  of  such  license  to  buy,  sell  and  deal  in  fish 
and  shellfish  and  wild  game  and  animals  in  this  state  by  wholesale  for 
the  term  of  one  year  from  the  first  day  of  July  of  one  year  to  the  first 
day  of  July  of  the  year  following.  All  licenses  shall  be  numbered  con- 
secutively beginning  with  number  one  and  contain  blanks  for  the  in- 
sertion of  the  name  of  the  holder,  his  residence,  and  place  of  business, 
which  information  shall  be  furnished  by  the  a]iplicant  to  the  board  of 
fish  and  game  commissioner.  The  controller  shall  sign  all  licenses  and 
deliver  the  same  to  the  fish  and  game  commissioners,  on  demand,  who 
shall  be  charged  for  the  same  by  the  controller.     Each   license,  before 


1193  GAME  LAWS.  Act  1340f,  §§  3-8 

delivery  to  the  applicant  for  a  license,  must  be  countersigned  by  the 
president  of  the  board  of  fish  and  game  commissioners  and  the  president 
of  the  board  of  fish  and  game  commissioners  shall  execute  a  bond  to 
the  people  of  the  state  of  California  in  the  sum  of  two  thousand  dollars 
for  the  faithful  performance  of  the  duties  imposed  upon  him  by  this  act. 

To  whom  issued. 

§  3.  Licenses  shall  be  issued  and  delivered  upon  application  to  the 
state  board  of  fish  and  game  commissioners  or  their  deputies.  The 
licenses  herein  provided  for  shall  be  issued  as  follows:  To  any  citizen 
of  the  United  States  and  to  any  person  who  has  duly  made  his  declara- 
tion of  intention  to  become  a  citizen  of  the  United  States  as  provided 
by  law,  upon  the  payment  of  five  dollars;  to  any  person  not  a  citizen 
of  the  United  States  upon  the  paj-ment  of  twenty  dollars.  Not  more 
than  one  license  shall  be  issued  to  any  one  person  for  the  same  year, 
except  upon  an  affidavit  by  the  applicant  that  the  one  issued  has  been 
lost  or  destroyed,  and  no  license  issued  as  herein  provided  shall  be  trans- 
ferable or  used  by  any  other  person  than  the  one  to  whom  it  was  issued. 
Every  person  having  a  license  as  provided  herein,  who  refuses  to  exhibit 
such  license  upon  demand  of  any  officer  authorized  to  enforce  the  fish 
and  game  laws  of  this  state,  or  any  peace  officer  of  this  state,  or  who 
transfers  or  disposes  of  the  same  to  another  person  to  be  used  as  a 
license,  shall  forfeit    his  license. 

To  whom  fee  is  paid. 

§  4.  The  said  license  fees  must  be  paid  to  the  fish  and  game  com- 
missioners or  to  someone  designated  by  them  for  that  purpose. 

Money  collected  from  licenses,  disposition  of. 

§  5.  The  money  collected  from  the  sale  of  such  licenses  shall  be  paid 
by  the  board  of  fish  and  game  commissioners  into  the  state  treasury 
to  the  credit  of  the  fish  and  game  preservation  fund. 

Penalty  for  violation. 

§  6.  The  violation  of  any  provision  of  this  act  is  hereby  declared 
a  misdemeanor,  and  every  person  violating  any  of  its  provisions,  shall, 
upon  conviction  thereof,  be  fined  in  a  sum  not  less  than  twenty  nor  more 
than  five  hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  a 
term  of  not  less  than  ten  nor  more  than  one  hundred  days,  or  by  both 
such  fine  and  imprisonment;  and  all  fines  collected  for  any  violation 
of  any  of  the  provisions  of  this  section  shall  be  paid  into  the  state 
treasury  to  the  credit  of  the  fish  and  game  preservation  fund. 

§  7.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 

§  8.     This  act  shall  take  effect  immediately. 


Acts  1340g,  1340h  general  laws.  1194 

ACT  1340g. 

An  act  to  prevent  the  fishing,  or  the  taking  of  fish  by  means  of  weirs, 

dams,  nets,  traps  or  seines  in  certain  portions  of  the  Monterey  bay, 

within  the  county  of  Santa  Cruz. 

[Approved  March  4,  1911.     Stats.  1911,  p.  272.] 

Seining  in  Monterey  bay. 

§  1,  Any  person  who,  in  the  waters  of  Monterey  bay  in  the  county 
of  Santa  Cruz,  state  of  California,  north  of  an  imaginary  line  from 
Point  Santa  Cruz  to  Point  Soquel,  sometimes  known  as  Black  Point, 
shall  use  any  weir,  dam,  net,  trap  or  seine  of  any  description  except  gill 
nets  of  one  and  one-half  inch  mesh  for  the  purpose  of  catching  fish, 
or  who  shall,  in  these  waters,  take  any  fish  from  any  weir,  dam.  net, 
trap  or  seine,  except  gill  nets  of  one  and  one-half  inch  mesh  is  guilty  of 
a  misdemeanor. 

Penalty. 

§  2.  Any  person  convicted  of  a  violation  of  any  of  the  provisions  of 
this  act  shall  be  fined  not  less  than  fifty  ($50)  dollars  nor  more  than 
one  hundred  ($100)  dollars,  or  shall  be  imprisoned  in  the  county  jail  of 
the  county  of  Santa  Cruz  not  less  than  twenty-five  (25)  nor  more  than 
fifty  (50)  days,  or  shall  be  both  fined  and  imprisoned  in  the  discretion 
of  the  court. 

ACT  1340h. 

*An  act  to  authorize  and  regulate  the  possession,  use,  transportation  and 
sale  of  trout  or  other  fish,  by  persons  engaged  in  the  business  of 
propagating  and  rearing  such  fish,  and  by  persons  who  transport 
such  fish,  and  by  persons  who  purchase  fish  so  reared. 

[Approved  March  17,  1911.     Stats.  1911,  p.  37S.] 

Fish  culture. 

§  1.  Any  citizen  of  the  state  of  California  who  owns  or  leases  land 
•held  in  private  ownership  may  establish  and  maintain  thereon  ponds  for 
the  culture  and  propagation  of  trout  or  other  fish  subject  to  all  of  the 

provisions  contained  in  this  act. 

Application  for  license. 

§  2.  Every  person  desiring  to  establish  and  maintain  a  pond  or  ponds 
for  the  culture  of  domesticated  trout  or  other  fish  shall  first  make  writ- 
ten application  to  the  state  board  of  fish  and  game  commissioners,  setting 
forth  his  name,  residence,  place  of  business,  the  exact  description  of  the 
land  upon  which  he  desires  to  establish  such  pond  or  ponds,  the  nature 
of  his  title  thereto,  whether  owned  by  him  or  held  under  lease,  and  the 
term  for  which  such  license  is  desired,  and  the  kind  and  as  near  as  may 
be  the  number  of  fish  desired  to  be  kept  therein;  such  application  shall 
be  accompanied  by  a  fee  of  five   (5)   dollars  which  if  such  application 


1195  GAME  LAWS.  Act  1340h,  §§  3-6 

be  granted  sliall  be  paid  into  the  state  treasury  by  the  state  board  of 
fish  and  game  commissioners  to  the  credit  of  the  fish  and  game  preser- 
vation  fund. 

No  outlet  or  inlet. 

§  3.  Such  ponds  shall  be  entirely  within  the  exterior  boundaries  of 
the  land  owned  or  leased  by  the  applicant,  and  described  in  such  appli- 
cation, and  there  shall  be  no  natural  inlet  or  outlet  for  the  waters  con- 
tained in  such  pond.  Any  artificial  inlet  or  outlet  for  the  waters  of  such 
pond  shall  be  screened  to  the  satisfaction  of  the  board  of  fish  and  game 
commissioners,  to  prevent  the  ingress  of  fish  to  such  pond  from  any 
natural  body  of  water. 

Decision. 

§  4.  If  upon  examination  by  the  state  board  of  fish  and  game  com- 
missioners it  shall  appear  that  the  application  is  made  in  good  faith  and 
in  other  respects  proper  and  reasonable,  the  said  state  board  of  fish  and 
game  commissioners  shall  grant  to  such  applicant  a  license  therefor.  The 
decision  of  said  board  shall  not  be  final,  but  shall  be  subject  to  review 
by  a  court  of  competent  jurisdiction. 

Form  of  license. 

§  5.     Such  license  shall  be  substantially  in  the  following  form: 

State  of  California. 

Board  of  Fish  and  Game  Commissioners. 

Licensed  Pond  for  Culture  of  Domesticated  Trout   or  Other  Fish. 

No.  .  Date  ,  191—. 

This  certifies  that  proprietor  of  a  private  pond  or   ponds   called 

and   situate  in   the   county   of  -,   state   of   California,   upon   the 

real  property  described  as  follows: • 

is  hereby  authorized  to  keep  and  propagate  therein   and   dispose   of   as 

provided  by  law,  trout  or  other  fish,  together  with  such  additions 

thereto  as  may  be  hereafter  acquired.  This  license  authorizes  possession, 
use,    sale   and    transportation   by    invoice    as    hereinafter   provided,    and 

expires  years  after  date. 

State  Board  of  Fish  and  Game  Commissioners. 

By ,  Deputy. 

Said  license  shall  contain  blanks  for  the  insertion  of  the  number 
thereof,  the  date  of  issuance,  the  name  of  the  applicant  to  whom  granted, 
the  name  of  the  pond,  the  description  of  the  land  upon  which  same  is 
situated,  the  approximate  number  of  trout  or  other  fish  desired  to  be 
kept  in  possession,  and  the  term  of  the  license. 

Fish  property  of  licensee. 

§  6.  All  trout  or  other  fish  with  the  natural  or  artificial  increase 
thereof,  held  and  confined  in  any  private  pond  or  ponds  for  the  culture 


Act  1340h,  §§  7, 8  general  laws.  1196 

thereof  as  herein  provided  and  licensed  under  the  terms  of  this  act, 
shall  during  the  existence  of  the  license  or  any  renewal  thereof  be 
deemed  the  property  of  the  licensee  of  the  same  to  the  extent  that  he 
may  lawfully  retain,  pursue,  capture,  kill,  use,  sell,  or  dispose  of  the  fish 
therein  of  any  size  and  in  any  quantity  and  at  any  time  of  the  year 
conforming  to  the  conditions  and  subjected  to  the  restrictions  of  this 
act  prescribed  in  relation  thereto,  but  not  otherwise,  and  the  posession, 
pursuit,  capture,  taking  and  killing  of  any  fish  in  any  licensed  pond 
without  the  consent  of  the  proprietor  shall  be  unlawful;  provided,  how- 
ever, that  there  shall  be  no  importation  of  any  domestically  reared  trout 
into  this  state,  except  during  the  open  season  in  this  state  for  wild 
trout  of  the  same  species  so  imported,  and  no  domestically  raised  trout 
so  imported  shall  be  sold  or  brought  into  this  state  for  any  purpose 
whatever  of  less  than  one  pound  in  weight. 

Invoice.     Form. 

§  7.  When  the  proprietor  of  any  licensed  pond  shall  sell  or  dispose 
of  any  fish  as  herein  provided,  he  shall  at  the  same  time  deliver  to  the 
purchaser  or  donee,  and  attach  thereto,  an  invoice  signed  by  such  pro- 
prietor or  his  duly  authorized  agent,  stating  the  number  of  the  license 
and  the  name  of  such  pond  or  ponds,  the  date  of  the  disposition,  the 
kind  and  as  nearly  as  practicable  the  number  and  weight  of  such  fish, 
the  name  and  address  of  the  purchaser,  consignee,  or  donee.  Such 
invoice  shall  authorize  transportation  within  this  state,  possession  and 
use  for  not  more  than  ten  days  after  date,  and  shall  be  substantially 
in  the  following  form: 

State  of  California. 

State  Board  of  Fish  and  Game  Commissioners. 

Private  Pond  for  Culture  of  Domesticated  Trout  and  Other  Fish. 

Invoice. 


Name    of    pond    

Number    of    license 
Date    


Kind  and  number  of  fish  ■ ■ 

Weight  of  same  — ■ — pounds 

Name   of  consignee  

Address   of  consignee 


This   authorizes   transportation   within   this   state,   possession   and   sale 
for  ten  days  after  date,  if  attached  to  the  article. 

,  Proprietor. 

By ,  Agent. 

No  invoice  shall  be  issued  or  delivered  except  in  conformity  with  the 
provisions  of  this  section. 

Duplicate  invoice, 

§  8.     Such   proprietor  or  his  agent  shall  at  the  same  time  deliver  or 
mail  postpaid  a  duplicate  of  such  invoice  to  the  state  board  of  fish  and 


1197  GAME  LAWS.  Act  1340h,  §§  9-12 

game  commissioners  at  their  office;  provided  that  in  the  case  of  the  sale 
or  disposition  of  trout  or  other  fish  in  quantities  of  less  than  three 
pounds  in  weight  to  any  one  purchaser  or  donee,  such  duplicate  of  invoice 
need  not  be  delivered  or  mailed  to  said  board,  but  said  proprietor  shall 
keep  such  duplicate  for  the  period  of  sixty  days  thereafter  and  shall 
exhibit  the  same  to  said  board  or  any  of  its  deputies  upon  demand. 

Invoice  attached  to  express  package.     Copy  of  invoice  to  purchaser. 

§  9.  When  any  such  fish  for  which  an  invoice  is  required  are  to  be 
shipped  by  rail,  express,  or  other  carrier,  public  or  private,  the  invoice 
shall  be  securely  attached  thereto  or  to  the  package  containing  the  same 
in  plain  sight,  and  the  same  may  then  be  lawfully  carried  and  delivered 
to  the  consignee  or  donee  named  in  such  invoice.  If  such  fish  is  held, 
or  offered  for  sale,  or  sold  by  the  consignee,  or  kept  in  any  storage,  cafe, 
restaurant,  or  boarding  house,  or  elsewhere,  such  invoice  shall  be  kept 
attached  thereto  and  until  the  same  has  been  prepared  for  consumption. 

In  case  of  sale  or  disposition  of  a  part  of  such  fish,  the  vendor  shall 
at  the  same  time  make  a  copy  of  such  invoice  and  introduce  thereon  the 
date  of  sale,  the  number  and  kind  of  fish  so  disposed  of  and  the  name 
of  purchaser  or  donee  who  shall  keep  same  attached  thereto  until  the 
same  is  prepared  for  consumption,  and  the  same  shall  have  the  same 
force  as  the  original  invoice.  No  copy  of  such  invoice  shall  be  issued 
or  delivered  except  in  conformity  with  the  provisions  of  this  section. 

Misstatement. 

§  10.  Any  wrongful  misstatement  in,  or  any  omission  of,  a  sub- 
stantial requirement  from  any  invoice  or  any  copy  thereof  shall  render 
the  same  void  and  be  deemed  a  violation  of  this  act.  And  the  possession 
of  any  fish  without  such  invoice  or  copy  thereof  attached  thereto  when 
sold  or  disposed  of  as  above  required,  shall  be  unlawful. 

Beport. 

§  11.  The  proprietor  of  every  private  pond  licensed  under  the  pre- 
ceding sections  hereof,  shall,  whenever  required  by  the  state  board  of 
fish  and  game  commissioners,  make  and  send  to  said  state  board  of  fish 
and  game  commissioners  a  report  showing  as  near  as  practicable,  the 
kind,  number,  and  weight  of  fish  held  in  possession  at  any  time,  and  the 
kind,  number  and  weight  of  fish  disposed  of  during  the  year  preceding 
and  on  hand  at  the  time  of  the  report. 

Term  of  license. 

§  12.  License  for  private  ponds  for  the  culture  of  domesticated  trout 
or  other  fish  shall  be  issued  for  a  term  of  twenty-five  years  or  any 
lesser  period  as  the  applicant  may  desire  and  any  license  may  be  renewed 
from  time  to  time  for  a  like  period,  which  renewal  shall  be  in  the  same 
form  and  words  as  the  original  license  with  the  word  "Renewal"  written 
on  its  face.  A  renewal  must  be  applied  for  and  a  like  fee  shall  be 
charged  for  any  renewal  of  a  license. 


Act  1340i,  §§  1-3  GENERAL   LAWS.  1198 

Violation  of  act. 

§  13.  Any  lake,  pone!,  or  anv  body  of  water  maintained'  in  violation 
of  this  act  shall  be  deemed  a  continuing  public  nuisance,  and  may  be 
abated  as  provided  by  law  for  the  abatement  of  public  nuisances,  and 
each  day  the  same  is  maintained  in  violation  thereof  shall  be  deemed  a 
separate  offense. 

Penalty  for  violation  of  act. 

§  14.  The  violation  of  any  provision  of  this  act  is  hereby  declared 
a  misdemeanor  and  every  person  violating  any  of  its  provisions  shall, 
upon  conviction  thereof,  be  fined  in  a  sum  not  less  than  twenty-five 
dollars,  or  by  imprisonment  in  the  county  jail  for  a  term  of  not  less  than 
twenty  days,  or  by  both  such  fine  and  imprisonment;  and  all  fines  col- 
lected for  any  violation  of  any  of  the  provisions  of  this  act  shall  be 
paid  into  the  state  treasury,  to  the  credit  of  the  fish  and  game  preserva- 
tion fund. 

§  15.     This  act  shall  take  effect  immediately. 

ACT  13401. 

An  act  to  prohibit  the  use  of  nets,  seines,  traps,  or  weirs  for  the  catch- 
ing of  fish  in  Cache  slough  and  its  tributaries  in  the  counties  of 
Solano  and  Yolo. 

[Approved   February   20,   1911.     Stats.    1911,   p.   66.] 

Seining  in  Cache  slough. 

§  1.  Any  person  who,  in  the  waters  of  Cache  slough,  from  its  source 
to  its  mouth,  in  the  counties  of  Solano  and  Yolo,  state  of  California,  or 
in  any  of  the  tributaries  of  said  slough  in  either  county,  shall  take  any 
fish  of  any  kind,  by  means  of  a  net,  seine,  trap  or  weir,  or  who  shall 
have  in  his  possession,  or  use,  or  set  any  net,  seine,  trap  or  weir  for  the 
purpose  of  catching  any  fish  in  said  waters,  is  guilty  of  a  misdemeanor; 
provided,  that  nothing  in  this  act  contained  shall  prohibit  any  person 
from  taking,  during  the  open  season  therefor,  any  fish  with  hook  and 
line. 

Penalty. 

§  2.  Every  person  found  guilty  of  violating  any  of  the  provisions  of 
this  act  shall  be  fined  not  less  than  one  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  in  the  county  in  which  the  conviction  shall  be 
had,  not  less  than  fifty  days,  or  by  both  such  fine  and  imprisonment,  and 
all  fines  imposed  or  collected  for  violation  of  any  provision  of  this  act 
shall  be  paid  into  the  state  treasury  to  the  credit  of  the  fish  and  game 
preservation  fund. 

§  3.     This  act  shall  take  effect  immediately. 


1199  GAS.  Acts  1340  j,  1345 

ACT  1340J. 

An  act  to  prohibit  the  use  of  nets,  seines,  traps,  or  weirs  in  the  Napa 
river  and  its  tributaries  in  the  counties  of  Sonoma,  Napa  and  Solano. 
[Approved  March  4,  1911.     Stats.  1911,  p.  273.] 

Seining  in  Napa  river. 

§  1.  Any  person  who  in  the  waters  of  Napa  river  from  its  source  to 
its  mouth  or  in  any  of  the  tributaries  of  said  river  shall  take  fish  of  any 
kind,  by  means  of  a  net,  seine,  trap,  weir  or  gang  hook,  or  who  shall 
have  in  his  possession,  or  use,  or  set  any  net,  seine,  trap,  weir  or  gang 
hook  for  the  purpose  of  catching  any  fish  in  said  waters,  is  guilty  of  a 
misdemeanor;  provided,  that  nothing  in  this  act  contained  shall  prohibit 
any  person  from  taking  during  the  open  season  therefor  any  fish  with 
hook  and  line. 

Penalty, 

§  2.  Every  person  found  guilty  of  violating  any  of  the  provisions  of 
this  act  shall  be  fined  not  less  than  one  hundred  dollars  or  by  imprison- 
ment in  the  county  jail  in  the  county  in  which  the  conviction  shall  be 
had,  not  less  than  fifty  days,  or  by  both  such  fine  and  imprisonment, 
and  all  such  fines  imposed  or  collected  for  violation  of  any  provision  of 
this  act,  shall  be  paid  into  the  state  treasury  to  the  credit  of  the  fish 
and  game  preservation  fund. 

TITLE    190. 

GAS. 
ACT  1345. 

An  act  prohibiting  the  unnecessary  wasting  of  natural  gas  into  the 
atmosphere;  providing  for  the  capping  or  otherwise  closing  of  wells 
from  which  natural  gas  flows;  and  providing  penalties  for  violating 
the  provisions  of  this  act. 

[Approved  March  25,  1911.     Stats.  1911,  p.  499.] 

Waste  of  gas  prohibited. 

§  1.  All  persons,  firms,  corporations  and  associations  are  hereby  pro- 
hibited from  willfully  permitting  any  natural  gas  wastefully  to  escape 
into  the  atmosphere. 

Wells  to  be  capped. 

§  2.  All  persons,  firms,  corporations  or  associations  digging,  drilling, 
excavating,  constructing  or  owning  or  controlling  any  well  from  which 
natural  gas  flows  shall  upon  the  abandonment  of  such  well,  cap  or  other- 
wise close  the  mouth  of  or  entrance  to  the  same  in  such  a  manner  as  to 
prevent  the  unnecessary  or  wasteful  escape  into  the  atmosphere  of  such 
natural  gas.  And  no  person,  firm,  corporation  or  association  owning 
or  controlling  land  in  which  such  well  or  wells  are  situated  shall  willfully 


Act  1353,  §§  1-3  GENERAL   LAWS.  1200 

permit   natural   gas  flowing  from   such   well   or   wells,  wastcfully   or   un- 
necessarily to  escape  into  the  atmosphere. 

Penalty. 

§  3.  Any  person,  firm,  corporation  or  association  who  shall  willfully 
violate  any  of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  punished  by  a  fine  of  not 
more  than  one  thousand  dollars  or  by  imprisonment  in  the  county  jail 
for  not  more  than  one  year,  or  by  both  such  fine  and  imprisonment. 

Each  day  a  violation. 

§  4.  For  tlie  purposes  of  this  act  each  day  during  which  natural  gas 
shall  be  willfully  allowed  wastefully  or  unnecessarily  to  escape  into  the 
atmosphere  shall  be  deemed  a  separate  and  distinct  violation  of  this  act. 

§  5.     All  acts  or  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 

§  6.     This  act  shall  take  effect  immediately. 

TITLE  191a. 

GETTYSBURG. 
ACT  1353. 

An  act  to  provide  for  the  celebration  of  the  fiftieth  anniversary  of  the 
battle  of  Gettysburg;  appointing  a  commission  in  connection  there- 
with; and  making  an  appropriation  therefor. 

[Approved  May  31,   1913.     Stats.   1913,  p.  278.     In  effect  immediately.] 

Gettysburg  aJiniversary  commission. 

§  1.  The  governor  of  the  state  of  California  is  hereby  empowered  to 
appoint  a-  commission  consisting  of  three  citizens  of  this  state  which 
commission  shall  co-operate  with  the  department  commander  of  the 
department  of  California  and  Nevada,  Grand  Army  of  the  Republic,  for 
the  purpose  of  aiding  in  the  planning  and  conducting  of  a  public  celebra- 
tion of  the  fiftieth  anniversary  of  the  battle  of  Gettysburg  in  the  state 
of  Pennsylvania  on  and  during  the  first  four  days  of  July,  1913. 

Transportation  of  veterans. 

§  2.  Said  commission  shall  represent  this  state  at  the  said  anniversary 
and  is  hereby  authorized  to  obtain,  so  far  as  possible,  the  names  and 
addresses  of  all  the  veterans  now  residing  in  the  state  of  California 
who  took  part  in  the  battle  of  Gettysburg,  and  to  make  prelTminary 
arrangements  for  the  transportation  of  such  veterans  to  the  battlefield 
of  Gettysburg  so  that  said  veterans  may  attend  the  memorial  exercises 
and  anniversary  to  be  held  at  said  battlefield  of  Gettysburg,  during  the 
first  four  days  of  July,  1913, 

Veterans  eligible. 

§  3.  Onlv  such  veterans  of  the  Civil  War  who  actually  took  part  in 
the  battle  of  Gettysburg,  and  who  are  recommended  by  the  said  commis- 


1201  GIFTS.  Act  1356a,  §  1 

sion,  whether  such  veterans  fought  with  the  Confederate  or  the  Union  or 
northern  armies,  shall  be  eligible  under  this  act  to  receive  free  trans- 
portation to  and  from  the  battlefield  of  Gettysburg. 

Appropriation.     Report. 

§  4.  The  sum  of  fifteen  thousand  dollars  ($15,000)  or  so  much  thereof 
as  may  be  necessary  is  hereby  appropriated  out  of  any  money  in  the 
treasury  not  otherwise  appropriated  to  be  used  by  said  commission  ap- 
pointed pursuant  to  this  act,  to  carry  out  the  provisions  of  this  act. 
Said  sum  of  money  is  to  be  disbursed  under  the  direction  and  with  the 
approval  of  said  commission.  Said  commission  shall  keep  an  accurate 
record  of  all  its  proceedings  and  transactions,  and  shall  file  with  the 
governor  of  this  state  a  full,  true  and  complete  report  thereof.  Said 
commission  shall  have  full  power  to  provide  any  system  or  systems  for 
the  carrying  into  effect  of  this  act. 

Issuance  of  warrants. 

§  5.  The  controller  of  the  state  is  hereby  authorized  and  directed 
to  draw  his  warrant  or  warrants  in  favor  of  the  commission  created 
pursuant  to  this  act  upon  itemized  requisition  of  said  commission  up 
to  the  amount  of  money  appropriated  by  this  act  and  the  state  treasurer 
is  hereby  ordered  and  directed  to  pay  such  warrant  or  warrants-  out  of 
said  appropriation. 

Current  expenses. 

§  6.  This  bill,  inasmuch  as  it  provides  for  the  usual  current  expenses 
of  the  state,  shall,  under  the  provisions  of  section  1  of  article  4  of 
the  constitution  of  the  state  of  California,  take  effect  immediately. 

TITLE  192. 

GIFTS. 
ACT  1356a. 

An  act  authorizing  board  of  supervisors  of  any  county,  or  city  and 
county,  or  the  trustees  or  other  governing  body  of  any  municipality 
in  the  state  of  California  to  receive  devises,  bequests,  donations 
and  gifts,  also  to  levy  taxes,  for  the  purpose  of  erecting  monuments 
in  memory  of  California  pioneers. 

[Approved  June  3,  1913,     Stats.  1913,  p.  377.] 

Gifts  for  pioneer  monuments. 

§  1.  The  board  of  supervisors  of  any  county,  or  city  and  county,  or 
the  trustees  or  other  governing  body  of  any  municipality,  in  the  state, 
may  receive  devises,  bequests,  donations  and  gifts,  for  the  purpose  of 
erecting  within  such  county,  or  city  and  county,  or  city,  a  monument  in 
memory  of  California  pioneers. 
76 


Act  1356a,  §§  2-7  general  laws.  1202 

Erection  of  monuments. 

§  2.  When,  in  the  opinion  of  such  board  -of  supervisors  or  of  such 
trustees  or  other  governing  body  of  a  municipality,  the  devises,  be- 
quests, donations  and  gifts  received  are  sufficient  therefor,  they  may 
erect  such  monument. 

Question  of  tax  levy  for  monuments. 

§  3.  Such  board  of  supervisors,  or  trustees,  or  other  governing  body 
of  a  municipality,  may  submit  to  the  qualified  electors  of  the  county, 
or  city  and  county,  or  of  the  city,  as  the  case  may  be,  whether  taxes 
for  the  erection  of  a  monument  to  the  California  pioneers  shall  be  levied 
on  the  taxable  property  of  the  county,  or  city  and  county,  or  city,  as 
the  case  may  be.  The  question  of  levying  such  tax  for  such  purpose 
shall  be  submitted  to  the  qualified  electors  of  the  county,  or  city  and 
county,  or  municipality,  as  the  case  may  be,  at  a  general  or  other  election 
that  may  be  held  in  such  county,  or  city  and  county,  or  municipality. 
Twenty  days'  notice  thereof  shall  be  previously  given  by  posting  in  at 
least  three  public  places  in  such  county,  citj-  and  county,  or  municipality. 
Such  notices  shall  state  specifically  the  amount  to  be  raised  and  the 
purpose.  If  majority  of  all  the  votes  cast  at  such  election  are  in 
favor  of  such  proposal,  the  tax  herein  provided  for  shall  be  considered 
authorized. 

Ballots. 

§  4.  The  electors  voting  at  such  election  shall  have  placed  on  their 
ballots  the  words  "Tax  for  pioneer  monument — Yes"  or  "Tax  for 
pioneer  monument — No." 

Levy  of  tax  in  county. 

§  5.  When  such  tax  has  been  voted  in  a  county,  or  city  and  county, 
the  board  of  supervisors  in  the  next  annual  levy  of  taxes,  shall  levy 
a  tax  on  the  property  in  such  county,  or  city  and  county,  suflieient  to 
produce  the  amount  voted  for  for  the  purpose,  and  the  same  shall  be 
assessed  and  collected  in  the  same  manner  as  other  taxes  are  levied  and 
collected. 

Levy  of  tax  in  city. 

§  6.  When  such  tax  has  been  voted  in  a  city,  the  trustee  or  other 
governing  body  thereof  in  the  next  annual  levy'  of  taxes,  shall  levy  a 
tax  on  the  property  in  such  city,  sufficient  to  produce  the  amount  voted 
for  for  the  purpose,  and  the  same  shall  be  assessed  and  collected  in  the 
same   manner   as   other  taxes   are   levied   and   collected. 

Duty  of  supervisors  and  trustees. 

§  7.  The  board  of  supervisors  in  case  of  monuments  for  a  county 
and  the  trustees  or  other  governing  body  of  a  city,  in  case  of  monuments 
for  a  city,  shall  when  the  taxes  so  raised  and  collected  are  available, 
proceed  to  carry  out  the  purpose  for  which  the  money  was  voted  by  the 
county,  or  city  and  county,  or  city. 


1203  HARBOR  COMMISSIONERS.        Acts  1393-1424a 

TITLE   199. 

GRAND  AEMY  OF  THE  REPUBLIC. 
ACT  1393. 

An  act  to  provide  permanent  headquarters  in  the  capitol  building  for 
the  Grand  Army  of  the  Republic,  to  designate  the  purposes  for  which 
the  same  shall  be  used. 

[Approved  March  25,   1911.     Stats.   1911,  p.  488.] 

Quarters  for  Q-.  A.  R. 

§  1.  There  shall  be  set  apart  a  suitable  furnished  room  at  the  capitol 
in  Sacramento,  to  be  known  as  headquarters'  room  of  the  Grand  Army 
of  the  Republic.  Said  room  shall  be  under  the  charge  of  the  commander 
of  the  Grand  Army  of  the  Republic  for  the  department  of  California,  to 
be  used  as  headquarters,  and  for  the  care  and  storage  of  books  and 
papers  relating  to  the  Grand  Army  of  the  Republic. 

§  2.     This  act  shall  take  effect  from  and  after  its  passage. 

ACT  1394. 

An  act  to  appropriate  money  for  the  purpose  of  assisting  to  defray  the 
expenses   of   a   public   nature   incident   to   the   holding   of   a   national 
encampment   of  the   Grand   Army   of  the  Republic  in  this  state,  to 
be  held  in  1912.     [Approved  May  1,  1911.     Stats.  1911,  p.  1360.] 
The   act   appropriated   twenty-five   thousand   dollars   for   the   purpose   indicated. 

TITLE  204. 

HARBOR  COMMISSIONERS. 
ACT  1424a. 

An  act  to  enlarge  the  powers  of  the  board  of  state  harbor  commissioners, 
and  to  authorize  said  board  to  locate,  construct,  maintain,  and 
operate  the  state  railroad  and  railroad  tracks  and  appurtenances 
through,  over,  under  and  upon  state  lands,  and  lands  within  its 
jurisdiction  or  the  waterfront,  and  city  streets,  avenues,  alleys, 
lanes,  places  or  property,  or  lands  or  property  of  the  United  States, 
or  private  property,  in  the  city  and  county  of  San  Francisco,  and 
to  obtain  licenses,  grants,  permits  or  easements  or  rights  of  way 
therefor,  and  to  construct  tunnels,  bridges,  drawbridges  and  other 
appurtenances  as  incident  thereto,  and  to  impose  tolls  or  compensa- 
tion for  and  upon  the  use  of  the  same  and  to  regulate  the  use 
therefor. 

[Approved  June  4,  1913.     Stats.  1913,  p.  383.] 

Power  to  build  railroads  in  San  rrancisco. 

§  1.  The  board  of  state  harbor  commissioners  is  hereby  authorized 
and  empowered   (in  addition  to  the  powers  now  granted,  or  which  may 


Act  1424a,  §  2  general  laws.  1204 

hereafter  be  granted  to  it  by  law)  to  locate,  construct,  maintain,  operate 
and  extend  the  state  railroad,  and  railroad  tracks,  through,  over,  under 
and  upon  any  state  lands,  or  lands  within  its  jurisdiction,  or  the  water- 
front as  defined  in  section  2524  of  the  Political  Code,  or  through,  over, 
under  and  upon  any  streets,  avenues,  alleys,  lanes,  places  or  property 
of  the  city  and  county  of  San  Francisco,  or  lands  or  property  of  the 
United  States  of  America,  or  private  property  in  said  city  and  county 
of  San  Francisco,  in  which  and  where  it  may  then  have  a  license,  per- 
mission, easement  or  right  of  way  therefor,  together  with  all  necessary 
trackage,  switches,  spurs,  turnouts,  fills,  cuts,  tunnels,  trestles,  bridges, 
drawbridges,  signals  and  other  appliances,  appurtenances  and  incidents 
necessary  to  make  the  same  complete  and  convenient  for  use. 

Eights  from  Panama-Pacific  Company. 

§  2.     The  powers  conferred  by  this  act  shall  include; 

(1)  Power  and  authority  to  obtain  from  Panama-Pacific  Interna- 
tional Exposition  Company,  a  corporation,  an  assignment  of  its  rights 
under  an  act  of  Congress  approved  June  28,  1912,  entitled,  "An  act 
granting  a  right  of  way  to  the  Panama-Pacific  International  Exposition 
Company,  or  such  successors  or  assigns  as  may  be  approved  by  the 
secretary  of  war,  across  the  Fort  Mason  military  reservation  in  Cali- 
fornia."- 

Approval  of  secretary  of  wax. 

(2)  Power  and  authority  to  obtain  the  approval  of  the  secretary  of 
war  to  such  assignment,  and  to  locate  a  railroad  and  tunnel  upon  and 
across  said  reservation  and  to  ordain  regulations  therefor  and  for  the 
use  thereof  and  to  obtain  the  approval  of  the  secretary  of  war  thereto. 

Tolls  and  charges. 

(3)  Power  and  authority  to  construct  such  railroad  and  tunnel  upon 
and  across  said  reservation  as  a  part  of  and  incident  to  said  state 
railroad  and  railroad  tracks;  provided,  that  said  board  shall  impose 
such  tolls,  charges  and  compensation  for  passage  through  said  tunnel 
upon  all  freight  and  upon  all  passenger  cars  passing  therethrough 
(which  tolls  shall  be  exclusive  of  and  in  addition  to  the  ordinary  com- 
pensation for  the  use  of  said  railroad  and  railroad  tracks)  as  shall  provide 
within  a  limited  time  for  the  repayment  of  the  cost  of  the  construction 
of  such  tunnel.  Such  tolls  and  charges  shall  be  in  conformity  with  the 
requirements  and  subject  to  the  approval  of  the  secretary  of  war  in 
that  behalf  and  shall  be  so  charged,  imposed  and  collected  until  the 
cost  of  the   construction   of  such  tunnel   shall  have  been  repaid. 

Grants  from  San  Francisco. 

(4)  Power  and  authority  to  obtain  from  the  city  and  county  of 
San  Francisco  proper  and  necessary  grants,  license  or  permission  to 
extend,  construct,  maintain  and  operate  the  said  state  railroad  and 
railroad  tracks  along,  over  and  upon  such  public  streets,  avenues,  alleys 


1205  HARBOR  COMMISSIONERS.  Act  1430a,  §  1 

or  property  of  said  city  and  county  of  San  Francisco  as  may  be  neces- 
sary for  the  extension  of  said  state  railroad  or  railroad  tracks. 

Acquisition  of  rights  of  way. 

(5)  Power  and  authority  to  acquire  rights  of  way  and  lands  neces- 
sary for  such  extension  from  the  owners  of  private  property,  either 
by  grant  or  by  condemnation  proceedings;  and  in  that  behalf  the 
jtrovisions  of  law  relating  to  the  exercise  of  the  right  of  eminent 
domain  shall  apply  and  insure  [inure]  to  the  benefit  of  said  board,  and 
to  such  proceedings. 

Use  of  road  and  tunnel. 

(6)  Power  and  authority  to  permit  the  passage  over  and  through, 
and  the  use  of  said  railroad  and  tunnel  to  any  corporation  or  association, 
person  or  persons  for  passenger  street-cars  for  such  time  and  under 
such  rules  and  regulations  and  at  such  compensation  as  said  board 
may  determine. 

Through  Presidio  reservation. 

(7)  Power  and  authority  to  obtain  license  and  permission  from  the 
United  States  government  to  extend,  locate,  construct,  operate  and 
maintain  the  said  railroad  and  railroad  tracks  in  and  through  the 
Presidio  reservation  in  said  city  and  county  in  such  location  and  sub- 
ject to  such  regulations  as  may  be  prescribed  by  the  United  States 
government. 

Enumeration  of  powers  not  exclusive. 

§  3.  The  enumeration  of  powers  contained  in  section  2  of  this  act 
shall  not  be  deemed  exclusive  or  to  limit  the  general  powers  conferred 
by  section  1  hereof. 

ACT  1430a. 

An  act  to  enlarge  the  powers  of  the  board  of  state  harbor  commissioners, 
and  to  authorize  said  board  to  locate,  construct,  maintain,  operate 
and  extend  public  drydocks  and  appurtenances  thereto,  in  and 
about  such  portion  of  the  bay  of  San  Francisco  under  its  jurisdic- 
tion, and  to  fix,  regulate,  impose  and  collect  tolls  or  compensation 
for  and  upon  the  use  of  the  same  and  to  regulate  the  use  therefor. 
[Approved   June   3,   1913.     Stats.   1913,  p.   372.] 

Drydocks  in  San  Francisco  bay. 

§  1.  The  board  of  state  harbor  commissioners  is  hereby  authorized- 
and  empowered  (in  addition  to  the  powers  now  granted,  or  which  may 
hereafter  be  granted  to  it  by  law)  to  locate,  construct,  maintain,  operate 
and  extend  public  drydocks  in  and  about  such  portion  of  the  bay  of 
San  Francisco  under  the  jurisdiction  as  defined  in  section  2524  of  the 
Political  Code. 


Acts  1432, 1436a  gener^vl  laws.  1206 

Tolls. 

§  2.  The  said  board  shall  fix,  reflate,  impose  and  collect  tolls  or 
compensation  for  and  upon  the  use  of  such  public  drydocks  and  regulate 
the  use  thereof. 

Disposition  of  money  collected. 

§  3.  All  money  collected  for  tolls  as  compensation  for  use  of  such 
public  drydoeks  and  all  expenditure  made  in  the  maintenance  and  con- 
struction thereof  shall  be  subject  to  the  same  provision  as  other  moneys 
collected  and  expended  by  the  said  board. 

ACT  1432. 

Citations.     Cal.  161/619. 

ACT  1436a. 

An  act  to  provide  for  the  issua"nce  and  sale  of  state  bonds  to  create 
a  fund  for  the  improvement  of  San  Francisco  harbor  by  the  con- 
struction by  the  board  of  state  harbor  commissioners  of  wharves, 
piers,  state  railroad,  spurs,  betterments,  and  appurtenances,  and 
necessary  dredging  and  filling  in  connection  therewith  in  the  city 
and  county  of  San  Francisco;  to  create  a  sinking  fund  for  the 
payment  of  said  bonds;  to  define  the  duties  of  state  officers  in 
relation  thereto;  to  make  an  appropriation  of  five  thousand  dollars 
for  the  expense  of  printing  said  bonds;  and  to  provide  for  the 
submission  of  this  act  to  a  vote  of  the  people. 

[Approved  June  16,  1913.     Stats.  1913,  p.  1122.     In  effect  December  31, 

1914.] 

Bonds  for  San  Francisco  harbor  improvement. 

§  1.  For  the  purpose  of  providing  a  fund  for  the  payment  of  the 
indebtedness  hereby  authorized  to  be  incurred  by  the  board  of  state 
harbor  commissioners  for  the  erection  of  wharves,  piers,  seawall,  state 
railroad,  spurs,  betterments  and  appurtenances  and  necessary  dredging 
and  filling  in  connection  therewith  in  the  city  and  county  of  San 
Francisco,  at  a  cost  not  to  exceed  ten  million  dollars  (which  said 
wharves,  piers,  seawall,  state  railroad,  spurs,  betterments  and  appur- 
tenances and  necessary  dredging  and  filling  in  connection  therewith 
the  board  of  state  harbor  commissioners  are  hereby  empowered  to  con- 
struct and  do  in  the  manner  authorized  by  law.  and  at  a  cost  not  to 
exceed  ten  million  dollars),  the  state  treasurer  shall,  immediately  after 
the  issuance  of  the  proclamation  of  the  governor,  provided  for  in  sec- 
tion 10  hereof,  prepare  ten  thousand  suitable  bonds  of  the  state  of 
California,  in  the  denomination  of  one  thousand  dollars  each.  The 
whole  issue  of  said  bonds  shall  not  exceed  the  sum  of  ten  million  dol- 
lars, and  said  bonds  shall  bear  interest  at  the  rate  of  four  per  centum 
per  annum,  from  the  date  of  issuance  thereof,  and  both  principal  and 
interest  shall.be   payable  in   gold   coin   of  the  present  standard   value. 


1207  HARBOR  COMMISSIONERS,        Act  1436a,  §§  2,  3 

and  they  shall  be  payable  at  sueh  place  in  the  United  States  as  may 
be  designated  in  the  bonds  (full  authority  to  designate  such  place 
being  hereby  conferred  on  the  governor  who  shall  sign  said  bonds), 
at  the  expiration  of  seventy-four  years  from  their  date,  subject,  how- 
ever, to  redemption  by  lot  as  in  this  act  hereinafter  provided.  Said 
bonds  shall  bear  date  the  second  day  of  July,  A.  D.  1915,  and  shall 
be  made  payable  on  the  second  day  of  July,  1989.  The  interest  accru- 
ing on  such  of  said  bonds  as  are  sold,  shall  be  due  and  payable  at  the 
place  designated  in  said  bonds  as  aforesaid,  on  the  second  day  of  Janu- 
ary, and  on  the  second  day  of  July,  of  each  year  after  the  sale  of 
the  same;  provided,  that  the  first  payment  of  interest  shall  be  made 
on  the  second  day  of  July,  1916,  on  so  many  of  said  bonds'as  may  have 
been  theretofore  sold.  At  the  expiration  of  seventy-four  years  from 
the  date  of  said  bonds,  all  bonds  sold  shall  cease  to  bear  interest  and 
likewise  all  bonds  redeemed  by  lot  shall  cease  to  bear  interest  as  in 
this  act  provided,  and  the  said  state  treasurer  shall  call  in,  forthwith 
pay  and  cancel  the  same,  out  of  the  moneys  in  the  third  San  Francisco 
seawall  sinking  fund  provided  for  in  this  act,  and,  he  shall  on  the 
first  Monday  of  July,  1989,  also  cancel  and  destroy  all  bonds  not  thereto- 
fore sold.  All  bonds  issued  shall  be  signed  by  the  governor,  and  counter- 
signed by  the  controller,  and  shall  be  indorsed  by  the  state  treasurer 
and  the  said  bonds  shall  be  so  signed,  countersigned  and  indorsed  by 
the  officers  who  are  in  office  on  the  second  day  of  July,  1915,  and  each 
of  said  bonds  shall  have  the  seal  of  the  state  stamped  thereon.  The  said 
bonds  signed,  countersigned  and  indorsed  and  sealed  as  herein  provided 
when  sold  shall  be  and  constitute  a  valid  and  binding  obligation  upon 
the  state  of  California,  though  the  sale  thereof  be  made  at  a  date  or 
dates  after  the  person  signing,  countersigning  and  indorsing,  or  any  or 
either  of  them,  shall  have  ceased  to  be  the  incumbent  of  such  office  or 
offices.  Each  bond  shall  contain  a  clause  that  it  is  subject  to  redemp- 
tion by  lot  after  the  year  1954. 

Interest  coupons. 

§  2.  Interest  coupons  shall  be  attached  to  each  of  said  bonds  so 
that  such  coupons  may  be  removed  without  injury  to,  or  mutilation  of 
the  bond.  Said  coupons  shall  be  consecutively  numbered  and  shall 
bear  the  lithographed  signature  of  the  state  treasurer  who  shall  be  in 
office  on  the  second  day  of  July,  1915.  But  no  interest  on  any  of 
said  bonds  shall  be  paid  for  any  time  which  may  intervene  between 
the  date  of  any  of  said  bonds  and  the  issue  and  sale  thereof  to  a 
purchaser,  unless  such  accrued  interest  shall  have  been,  by  the  pur- 
'  chaser  of  said  bond,  paid  to  the  state  at  the  time  of  such  sale. 

Appropriation. 

§  3.  The  sum  of  five  thousand  dollars  is  hereby  appropriated  to  pay 
the  expense  that  may  be  incurred  by  the  state  treasurer  in  having 
said  bonds  prepared.     Said  amount  shall  be  paid  out  of  the  San  Fran- 


^  Act  1436a,  §  4  general  laws.  1208 

CISCO   harbor    improvement    fund    on    controller's    warrants,    duly    drawn 
for   that   purpose. 

Sale  of  bonds. 

§  4.  When  the  bonds  authorized  to  be  issued  under  this  act  shall 
be  duly  executed,  they  shall  be  by  the  state  treasurer  sold  at  public 
auction  to  the  highest  bidder  for  cash,  in  such  parcels  and  numbers 
as  said  treasurer  shall  be  directed  by  the  governor  of  the  state,  under 
seal  thereof,  after  a  resolution  requesting  such  sale  shall  have  been 
adopted  by  the  board  of  state  harbor  commissioners,  and  approved  by 
either  the  governor  of  the  state  or  mayor  of  the  city  and  county  of 
San  Francisco,  who  shall  only  approve  the  same  when  in  their  judg- 
ment the  actual  harbor  receipts,  and  those  reasonably  anticipated,  will 
justify  such  sale  of  bonds  and  the  consequent  increased  burden  on 
harbor  receipts;  but  said  treasurer  must  reject  any  and  all  bids  for 
said  bonds,  or  for  any  of  them,  which  shall  be  below  the  par  value 
of  said  bonds  so  offered  plus  the  interest  which  has  accrued  thereon 
between  the  date  of  sale  and  the  last  preceding  interest  maturity 
date;  and  he  may,  by  public  announcement  at  the  place  and  time  fixed 
for  the  sale,  continue  such  sale,  as  to  the  whole  of  the  bonds  offered, 
or  any  part  thereof,  offered,  to  such  time  and  place  as  he  may  select. 
Before  offering  any  of  said  bonds  for  sale  the  said  treasurer  shall  detach 
therefrom  all  coupons  which  have  matured  or  will  mature  before  the 
date  fixed  for  such  sale.  Due  notice  of  the  time  and  place  of  sale 
of  all  bonds  must  be  given  by  said  treasurer  by  publication  in  two 
newspapers  published  in  the  city  and  county  of  San  Francisco,  and  also 
by  publication  in  one  newspaper  published  in  the  city  of  Oakland, 
and  by  publication  in  one  newspaper  published  in  the  city  of  Los 
Angeles,  and  by  publication  in  one  newspaper  published  in  the  city  of 
Sacramento,  once  a  week  during  four  weeks  prior  to  such  sale.  In 
addition  to  the  notice  last  above  provided  for,  the  state  treasurer  may 
give  such  further  notice  as  he  may  deem  advisable,  but  the  expenses 
and  cost  of  such  additional  notice  shall  not  exceed  the  sum  of  five 
hundred  dollars  for  each  sale  so  advertised.  The  cost  of  such  publica- 
tion shall  be  paid  out  of  the  San  Francisco  harbor  improvement  fund, 
on  controller's  warrants  duly  drawn  for  the  purpose.  The  proceeds 
of  the  sale  of  such  bonds  except  such  amount  as  may  have  been  paid 
as  accrued  interest  thereon  shall  be  forthwith  paid  over  by  said  treasurer 
into  the  treasury,  and  must  be  by  him  kept  in  a  separate  fund  to 
be  known  and  designated  as  the  "third  San  Francisco  seawall  fund" 
and  must  be  used  exclusively  for  the  construction  of  wharves,  piers, 
seawall,  state  railroad,  spurs,  betterments  and  appurtenances  and  neces- 
sary dredging  and  filling  in  connection  therewith  on  the  waterfront 
of  the  city  and  county  of  San  Francisco.  Drafts  and  warrants  upon 
said  fund  shall  be  drawn  upon  and  shall  be  paid  out  of  said  fund  in 
the    same    manner    as    drafts    and    warrants    are    drawn    upon    and    paid 


1209  HARBOR   COMMISSIONERS.  Act  1436a,  §  5 

out  of  the  San  Francisco  harbor  improvement  fund.  The  amount  that 
shall  have  been  paid  at  the  sale  of  said  bonds  as  accrued  interest 
on  the  bonds  sold  shall  be,  by  the  state  treasurer,  immediately  after 
such  sale,  paid  into  the  treasury  of  the  state  and  placed  in  the  "third 
San    Francisco   seawall   sinking   fund." 

Third  San  Francisco  seawall  sinking  fund  created. 

§  5.  For  the  payment  of  the  principal  and  interest  of  said  bonds 
a  sinking  fund,  to  be  known  and  designated  as  the  "third  San  Fran- 
cisco seawall  sinking  fund,"  shall  be,  and  the  same  is  hereby  created,  as 
follows,  to  wit:  The  state  treasurer,  after  the  second  day  of  July,  1933, 
shall  on  the  first  day  of  each  and  every  month  thereafter,  after  tlie  sale 
of  such  bonds,  take  from  the  San  Francisco  harbor  improvement  fund 
such  sum  as,  multiplied  by  the  time  in  months,  the  bonds  then  sold 
and  outstanding  have  to  run,  will  equal  the  principal  of  the  bonds  sold 
and  outstanding  at  the  time  said  treasurer  shall  so  take  said  sum  from 
said  San  Francisco  harbor  improvement  fund,  less  the  amount  theretofore 
taken  therefrom  for  said  purpose;  and  he  shall  place  the  sum  in  the 
third  San  Francisco  seawall  sinking  fund  created  by  this  act.  Said  state 
treasurer  shall,  on  controller's  warrants  duly  drawn  for  that  purpose, 
employ  the  moneys  in  said  sinking  fund  in  the  purchase  of  the  bonds  of 
the  United  States,  or  of  the  state  of  California,  including  any  bonds 
authorized,  issued  and  theretofore  sold  under  authority  of  this  act 
or  of  the  several  counties  or  municipalities  of  the  state  of  California, 
which  said  bonds  shall  be  kept  in  a  proper  receptacle,  appropriately 
labeled;  but  he  must  keep  always  on  hand  a  sufficient  amount  of  money 
in  said  sinking  fund  with  which  to  pay  the  interest  on  such  of  the 
state  bonds  herein  provided  to  be  issued  as  may  have  theretofore  been 
sold.  The  state  treasurer  may  only  purchase  such  bonds  authorized 
and  issued  under  authority  of  this  act  with  moneys  in  said  sinking 
fund  as  have  been  theretofore  sold.  And  to  provide  means  for  the 
payment  of  interest  on  the  bonds  that  may  be  sold  and  outstanding, 
said  treasurer  shall  monthly  take  from  the  San  Francisco  harbor  im- 
provement fund,  and  pay  into  said  seawall  sinking  fund,  an  amount 
equal  to  the  monthly  interest  then  due  on  all  bonds  then  sold,  delivered 
and  outstanding.  The  board  of  state  harbor  commissioners  are  hereby 
authorized  and  directed  by  the  collection  of  dockage,  tolls,  rents, 
wharfage  and  cranage  to  collect  a  sum  of  money  sufficient  for  the 
purposes  of  this  act,  over  and  above  the  amount  limited  by  section 
2526  of  the  Political  Code  of  the  state  of  California.  Between  the 
first  and  tenth  day  of  May,  in  the  year  1955  and  between  the  first  and 
tenth  day  of  May  of  each  year  thereafter  until  the  maturity  of  said 
bonds,  the  said  treasurer  shall,  in  the  presence  of  the  governor,  proceed 
to  draw  by  lot  such  an  amount  of  bonds  as  shall  be  requisite  to  exhaust 
as  nearly  "as  may  be  the  amount  in  said  sinking  fund  at  that  time,  and 
shall  thereupon  and  before  the  tenth  day  of  June  following,  give  notice 


Act  1436a,  §  6  general  laws.  1210 

by  public  advertisement  to  be  inserted  twice  a  week  for  two  weelcs  in 
two  newspapers  published  in  the  city  and  county  of  San  Francisco,  and 
also  in  one  newspaper  published  in  the  city  of  Oakland,  and  also  in  one 
newspaper  published  in  the  city  of  Los  Angeles,  and  also  in  one  news- 
paper published  in  the  city  of  Sacramento,  stating  the  number  of  bonds 
so  drawn  and  that  the  principal  of  said  bonds  will  be  paid  on  presenta- 
tion to  the  treasurer  on  or  before  the  second  day  of  July,  following,  and 
that  from  and  after  such  last-named  date,  all  interest  upon  bonds  thus 
drawn  shall  cease,  and  it  shall  be  the  duty  of  the  treasurer  as  soon  as 
said  bonds  so  drawn  by  lot  are  surrendered  to  him  and  paid  to  cancel  the 
same,  and  the  interest  coupons  thereon,  and  each  year  beginning  with 
the  year  1955,  the  said  treasurer  shall  in  the  manner  aforesaid,  proceed 
to  draw  by  lot  such  an  amount  of  bonds  as  shall  be  requisite  to  exhaust 
as  nearly  as  may  be  the  amount  in  said  sinking  fund,  and  j)roceed  in 
the  manner  hereinabove  stated.  In  the  event  that  the  state  treasurer 
employs  moneys  in  said  sinking  fund  in  the  purchase  of  any  bonds 
authorized,  issued  and  theretofore  sold  under  authority  of 'this  act, 
then  at  the  time  in  this  section  provided  for  the  drawing  of  bonds  by 
lot,  and  immediately  preceding  such  drawing  the  state  treasurer  shall 
retire  and  cancel  any  bonds  in  said  sinking  fund  authorized,  issued  and 
sold  under  authority  of  this  act,  and  the  amount  in  said  sinking  fund 
remaining  at  the  time  shall  constitute  the  amount  for  the  purposes  of 
such  drawing.  After  the  payment  of  all  said  bonds,  the  surplus  or  bal- 
ance remaining  in  said  sinking  fund,  if  any  there  be,  shall  forthwith 
be  paid  into  the  San  Francisco  harbor  improvement  fund.  At  the  time 
of  the  respective  drawings  by  lot,  as  aforesaid,  and  also  at  the  maturity 
of  said  state  bonds,  said  treasurer  shall  sell  the  United  States  or  other 
bonds  then  in  said  sinking  fund,  except  bonds  authorized,  issued  and 
sold  under  authority  of  this  act,  at  governing  market  rates,  after  adver- 
tising the  sale  thereof  in  the  manner  hereinbefore  provided  for  the  sale 
of  bonds  hereby  authorized  to  be  issued,  and  shall  use  the  proceeds  for  the 
payment  of  such  bonds  as  may  be  drawn  by  lot,  and  at  the  maturity  of 
said  bonds  outstanding  shall  pay  and  redeem  said  matured  outstanding 
bonds'  out  of  said  moneys  in  said  fund  in  extinguishment  of  said  bonds 
on  controller's  warrants  duly  drawn  for  that  purpose. 

Record,  of  proceedings. 

§  6.  The  state  controller  and  the  state  treasurer  shall  keep  full 
and  particular  account  and  record  of  all  their  proceedings  under  this 
act,  and  they  shall  transmit  to  the  governor  an  abstract  of  all  such 
proceedings  thereunder,  with  an  annual  report,  to  be  by  the  governor 
laid  before  the  legislature  biennially;  and  all  books  and  papers  per- 
taining to  the  matter  provided  for  in  this  act  shall  at  all  times  be 
open  to  the  inspection  of  any  partj'  interested,  or  the  governor,  or  the 
attorney  general,  or  a  committee  of  either  branch  of  the  legislature,  or 
a  joint  committee  of  both,  or  any  citizen  of  the  state. 


1211  HARBOR  COMMISSIONERS.     Act  1436a,  §§  7-10 

Duty  of  treasurer  to  pay  interest. 

§  7.  It  shall  be  the  duty  of  the  sjate  treasurer  to  pay  the  interest 
of  said  bonds,  when  the  same  falls  due,  out  of  the  sinking  fund  pro- 
vided for  in  this  act,  on  controller's  warrants  duly  drawn  for  that  purpose. 

In  effect  December  31,  1914. 

§  8.  This  act,  if  adopted  by  the  people,  shall  take  effect  on  the 
thirty  first  day  of  December,  191-t,  as  to  all  its  provisions  except  those 
relating  to  and  necessary  for  its  submission  to  the  people,  and  for  re- 
turning, canvassing,  and  proclaiming  the  votes,  and  as  to  said  excepted 
provisions  this  act  shall  take  effect  ninety  days  after  the  final  adjourn- 
ment of  the  session  of  the  legislature  passing  this  act. 

Submitted  to  people. 

§  9.  This  act  shall  be  submitted  to  the  people  of  the  state  of  Cali- 
fornia for  their  ratification  at  the  next  general  election,  to  be  holden 
in  the  month  of  November,  1914,  and  all  ballots  at  said  election  shall 
have  printed  thereon  and  at  the  end  thereof,  the  words,  "For  the  San 
Francisco  harbor  improvement  act  of  1913,"  and  in  the  same  square 
under  said  words  the  following,  in  brevier  type:  "This  act  provides 
for  the  improvement  of  San  Francisco  harbor  and  for  the  payment  of 
all  costs  thereof  out  of  San  Francisco  harbor  improvement  fund."  In  the 
square  immediately  below  the  square  containing  said  words,  there  shall 
be  printed  on  said  ballot  the  words:  "Against  the  San  Francisco  harbor 
improvement  act  of  1913,"  and  immediately  below  said  words  "Against 
the  San  Francisco  harbor  improvement  act  of  1913"  in  brevier  type  shall 
be  printed  "This  act  provides  for  the  improvement  of  San  Francisco 
harbor  and  for  the  payment  of  all  costs  thereof  out  of  the  San  Francisco 
harbor  improvement  fund."  Opposite  the  words,  "For  the  San  Francisco 
harbor  improvement  act  of  1913"  and  "Against  the  San  Francisco  har- 
bor improvement  act  of  1913"  there  shall  be  left  spaces  in  which  the 
voters  may  make  or  stamp  a  cross  to  indicate  whether  they  vote  for  or 
against  said  act,  and  those  voting  for  said  act  shall  do  so  bv  placing  a 
^ross  opposite  the  words  "For  the  San  Francisco  harbor  improvement  act 
of  1913,"  and  all  those  voting  against  the  said  act  shall  do  so  by  plac- 
ing a  cross  opposite  the  words  "Against  the  San  Francisco  harbor 
improvement  act  of  1913."  The  governor  of  this  state  shall  include 
the  submission  of  this  act  to  the  people,  as  aforesaid,  in  his  proclama- 
tion calling  for  said  general  election. 

Canvass  of  votes. 

§  10.  The  votes  cast  for  or  against  this  act  shall  be  counted,  re- 
turned and  canvassed  and  declared  in  the  same  manner  and  subject 
to  the  same  rules  as  votes  cast  for  state  officers;  and  if  it  appear 
that  said  act  shall  have  received  a  majority  of  all  the  votes  cast  for 
and  against  it  at  said  election  as  aforesaid,  then  the  same  shall  have 


Act  1439,  §  1  GENERAL   LAWS.  1212 

effect  as  hereinbefore  provided,  and  shall  be  irrepealable  until  the 
principal  and  interest  of  the  liabilities  herein  created  shall  be  paid 
and  discharged,  and  the  governor  shall  make  proclamation  thereof; 
but  if  a  majority  of  the  votes  cast  as  aforesaid  are  against  this  act 
then  the  same  shall  be  and  become  void. 

Act  published  in  each  county. 

§  11.  It  shall  be  the  duty  of  the  secretary  of  state  to  hare  this 
act  published  in  at  least  one  newspaper  in  each  county,  or  city  and 
county,  if  one  be  published  therein,  throughout  this  state,  for  three 
months  next  preceding  the  general  election  to  be  holden  in  the  month 
of  November,  1914,  the  costs  of  publication  shall  be  paid  out  of  the  San 
Francisco  harbor  improvement  fund,  on  controller's  warrants  duly  drawn 
for  that  purpose. 

Title  of  act. 

§  12.  This  act  may  be  known  and  cited  as  the  "San  Francisco 
harbor  improvement  act  of  1913." 

§  13.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of 
this  act  are  hereby  repealed. 

ACT  1439. 

An  act  to  create  a  board  of  harbor  commissioners  for  the  port  of  San 
Jose  on  the  southerly  arm  of  San  Francisco  bay,  and  to  prescribe 
their  powers  and  duties  and  to  fix  their  compensation  and  the  com- 
pensation of  their  employees  and  to  appropriate  money  to  carry 
this  act  into  effect. 

[Approved   June    14,   1913.     Stats.    1913,   p.    1128.] 

San  Jose  harbor  commission  created. 

§  1.  The  board  of  harbor  commissioners  for  the  port  of  San  Jose  on 
the  southerly  arm  of  the  bay  of  San  Francisco,  to  consist  of  three 
persons,  is  hereby  constituted  with  such  powers  and  duties  as  are  pre- 
scribed by  law  and  the  provisions  of  this  act.  Within  thirty  days  after 
this  act  takes  effect  the  governor  shall  appoint  one  of  said  com- 
missioners to  hold  office  for  two  years,  one  of  said  commissioners  to 
hold  office  for  three  years,  and  one  of  said  commissioners  to  hold  office 
for  four  years  from  the  dates  of  their  respective  commissions  and 
until  their  successors  are  appointed  and  qualified;  and  thereafter  the 
said  three  officers  shall  be  thereafter  appointed  by  the  governor  for  a 
term  of  four  years  from  the  dates  of  their  respective  commissions  and 
until  their  successors  are  appointed  and  qualified.  All  persons  appointed 
commissioners  by  virtue  of  this  act,  must  be  qualified  electors  or  free- 
holders of  the  city  of  San  Jose  and  shall  serve  without  compensation. 
If  a  vacancy  occurs  from  any  cause  in  the  office  of  a  commissioner 
appointed  under  the  provisions  of  this  act  before  the  expiration  of  his 


1213  HARBOR   COMMISSIONERS.  Act  1439,  §§  2,  3 

term,  his  sufocssor  shall  be  appointed  and  hold  office  only  for  the  un 
expired  portion  of  said  term.  Within  thirty  days  after  the  appoint- 
ment of  said  commissioners,  the  said  board  shall  meet  and  organize 
by  electing  one  of  its  members  president  and  executive  officer  of  said 
board.  It  shall  be  the  duty  of  the  president  to  preside  at  the  meet- 
ings of  the  board,  and  to  supervise  the  official  conduct  of  all  of  its 
employees  and  officers,  especially  in  the  collection,  custody  and  dis- 
bursement of  the  revenues,  and  to  require  that  all  the  books,  papers 
and  accounts  be  accurately  kept  and  in  proper  form,  and  all  the  pro- 
visions of  law  and  the  regulations  of  the  board  be  enforced  and  ob- 
served. He  may  administer  official  oaths  to  the  officers  and  employees 
of  the  board,  except  the  other  commissioners,  and  to  all  persons  in 
relation  to  the  business  of  the  board. 

Officers'  salaries. 

§  2.  The  said  board,  upon  entering  upon  the  duties  of  their  office, 
may,  as  soon  as  they  deem  it  necessary  for  the  performance  of  the 
duties  required  by  this  act,  and  have  funds  at  their  disposal  to  pay 
the  salaries  or  compensation  for  services  rendered,  appoint  the  follow- 
ing officers,  to  wit:  A  secretary,  an  attorney,  a  chief  wharfinger,  and 
such  assistant  wharfingers  and  collectors  as  they  may  deem  necessary. 
Such  persons  shall  hold  office  at  the  pleasure  of  said  board,  and  shall 
receive  such  salaries  as  said  board  may  fix  therefor,  not  to  exceed, 
however,  the  following  sums:  Said  secretary,  the  sum  of  twelve  hun- 
dred dollars  per  annum;  said  attorney,  one  thousand  dollars  per  annum; 
said  chief  wharfinger,  the  sum  of  one  thousand  dollars  per  annum; 
and  said  assistant  wharfingers  and  collectors,  nine  hundred  dollars  per 
annum  each.  Said  board  shall  require  of  said  officers,  official  bonds 
in  such  sums  as  they  may  deem  necessary  and  proper,  and  may,  at  any 
time,  increase  the  amounts  thereof. 

Secretary's  duties. 

§  3.  The  secretary  must  keep  the  office  of  the  board  open  every  day, 
legal  holidays  excepted,  and  shall  safely  keep  all  books  and  papers  of 
the  board;  attend  their  meetings;  keep  a  perfect  record  of  their  pro- 
ceedings, and  proper  books  of  account  of  all  moneys  received  and  paid, 
and  send  to  the  state  controller  on  the  fifteenth  day  of  each  month, 
a  statement  of  such  receipts  and  expenditures  under  oath  for  the  pre- 
ceding month,  showing  in  detail  the  sources  from  which  such  moneys 
were  received  and  the  purposes  for  which  they  were  expended,  and 
the  disposition  of  all  moneys  received  by  said  board.  He  shall  keep 
a  record  of  all  contracts  and  agreements  made  by  the  board  and  also 
all  bonds  executed  by  the  officers  of  the  board,  and  a  record  of  all 
personal  property  purchased,  and  its  cost,  and  the  disposition  of  the 
same. 


Act  1439,  §§^6  GENERAL   LAWS.  12U 

Attorney's  duties.    Wharfinger's  duties. 

§  4.  The  attorney  for  the  board  shall  attend  the  prosecution  and 
defense  of  all  suits  and  render  all  legal  services  which  may  be  required 
of  him  by  the  board.  The  chief  wharfinger  must  station,  berth  anl 
regulate  position  of  vessels  in  docks  and  harbors,  and  cause  them  to 
remove  from  time  to  time  and  from  place  to  place  as  general  business, 
safety  and  good  order  may  require;  he  shall  supervise  the  wharfingers 
and  collectors  and  require  all  vessels  to  conform  to  the  regulations  of 
the  board,  and  have  general  charge  and  supervision  over  all  wharves, 
docks,  slips,  piers  and  other  premises  under  the  jurisdiction  of  the 
board,  and  make  due  report  to  the  board  of  all  of  his  acts,  and  of  all 
vessels  coming  into  the  harbors,  or  using  the  docks  under  the  super- 
vision of  said  board;  and  perform  such  other  duties  as  may  be  required 
by  the  board  from  time  to  time. 

Collectors'  duties. 

§  5.  The  collectors  must  collect  the  revenues  in  such  manner  as  the 
board  may  direct,  and  shall  daily  account  for  and  pay  in  to  the  secre- 
tary of  said  board  all  moneys  so  collected  by  them. 

Jurisdiction  of  commissioners.  Rules  of  navigation.  Wharves.  Con- 
demnation proceedings.  Seawall. 
§  6.  The  board  of  harbor  commissioners  for  the  port  of  San  Jose, 
shall  have  possession  and  control  of,  and  jurisdiction  over,  all  those 
portions  of  Alviso  slough,  sometimes  called  Steamboat  slough,  Guada- 
lupe slough  or  river.  Coyote  river  and  Devil's  slough,  as  are  now  or 
may  hereafter  be  declared  to  be  navigable  waters  and  public  ways,  and 
all  of  that  portion  of  the  bay  of  San  Francisco  lying  within  three  miles 
of  the  mouths  of  said  sloughs,  and  the  shores  along  the  same,  together 
with  all  of  the  improvements,  rights,  privileges,  easements  and  appurte- 
nances connected  therewith,  or  in  any  wise  appertaining  thereto,  for 
the  purposes  in  this  act  provided,  excepting  that  nothing  herein  shall 
interfere  with  any  private  rights  already  secured  in  any  of  the  said 
premises,  other  than  by  due  process  of  law,  or  in  the  exercise  of  the 
right  of  eminent  domain.  Said  board  are  authorized  and  empowered  to 
make  such  rules  and  regulations,  and  take  such  action  as  maj-  be  neces- 
sary and  proper  for  the  said  protection  and  encouragement  of  naviga- 
tion within  their  jurisdiction,  and  may  regulate  the  erection  and  exten- 
sion of  wharves  and  piers,  and  regulate  the  tolls,  wharfage  or  dockage 
to  be  charged  thereon.  They  may  prescribe  and  regulate  the  manner 
in  which  rafts,  boats,  or  vessels  may  enter  or  depart  from,  or  lie  at 
anchor  in,  any  harbor  within  their  jurisdiction,  or  be  moved  to  any 
wharf  or  pier,  and  may  prevent  and  remove  obstructions  to  the  regular 
ebb  and  flow  of  the  tides,  and  the  deposit  and   escape  into  the  waters 


1215  HARBOR  COMMISSIONERS.  Act  1439,  §§  7-9 

of  the  bay,  or  said  sloughs,  of  substances  likely  to  injure,  interfere 
with,  or  impede  navigation,  or  to  create  shoals  or  shallows  in,  or  lessen 
the  depth  of  the  water  thereof,  and  may  regulate  the  speed  of  vessels 
moving  in  said  waters.  They  shall  construct  such  number  of  wharves, 
piers  and  docks  as  the  wants  of  commerce  shall  require  and  locate  them 
at  such  points  upon  said  lands  as  the  board  may  deem  most  suitable 
and  for  the  best  interest  of  commerce,  and  shall  repair  and  maintain  all 
wharves,  piers,  landings  and  thoroughfares  as  the  wants  of  commerce 
may  require,  and  generally  erect  all  such  improvements  as  may  be  neces- 
sary for  the  safe  landing,  loading  and  unloading,  and  protection  of  all 
classes  of  merchandise,  and  for  the  safety  and  convenience  of  pas- 
sengers. The  commissioners  may  institute  and  prosecute  to  final  judg- 
ment, actions  in  the  name  of  the  people  of  the  state  of  California  for 
the  possession  of  any  portion  of  the  shores  or  lands  lying,  contiguous 
thereto,  in  the  exercise  of  eminent  domain,  and  for  the  uses  and  pur- 
poses in  this  act  specified;  and  may  so  sue  for  the  collection  of  any 
money  due,  or  which  may  become  due,  by  virtue  of  this  act,  and  may 
also  institute  and  prosecute  to  final  judgment,  actions  for  the  removal 
of  all  obstructions  in  or  upon  said  premises.  They  may  construct  such 
harbor  embankment  or  seawall  as  may  be  necessary  to  protect  the 
commerce  in  the  waters  within  their  jurisdiction,  and  may  dredge  such 
number  of  slips  and  docks  as  such  commerce  may  require. 

Tolls  lien  on  goods. 

§  7.  The  charge  for  the  wharfage  and  tolls  which  may  be  fixed  by 
said  board  shall  be  a  lien  upon  all  goods,  wares  and  merchandise 
landed  upon  any  of  said  wharves  or  docks  and  said  lien  may  be  enforced 
in  the  same  manner  as  other  liens. 

Embankments,  etc.,  for  public  use. 

§  8.  The  embankments,  seawalls,  thoroughfares,  streets,  wharves 
and  other  public  places  provided  for  in  this  act,  are  hereby  declared  to  be 
for  public  use,  and  the  laying  out  and  construction  of  which  the  right 
«f  eminent  domain  may  be  exercised  by  the  said  board  of  harljor  com- 
missioners in  the  name  of  the  people  of  the  state,  and  in  the  manner 
provided  in  part  3,  title  8  of  the  Code  of  Civil  Procedure  of  the 
state  of  California.  The  said  board  are  authorized  to  pay  out  of  any 
moneys  coming  into  their  hands,  any  compensations,  and  damages 
assessed  in  such  proceedings. 

Limit  of  rent,  etc. 

§  9.  No  greater  amount  of  money  in  rent  shall  be  collected  for  dock- 
age, wharfage,  tolls  and  rents  by  the  said  board  than  shall  be  neces- 
sary to  construct  and  keep  in  repair  such  number  of  wharves,  piers, 
landings,  thoroughfares,  and  to  dredge  such  number  of  slips  and  docks, 


Act  1448,  §  2  GENERAL   LAWS.  1216 

and  to  construct  and  keep  in  repair  such  seawalls  and  harbor  embank- 
ments as  are  necessary  for  the  convenience  of  commerce,  and  to  pay  the 
salaries  and  incidental  expenses  authorized  by  this  act. 

Appropriation. 

§  10.  The  sum  of  two  thousand  five  hundred  dollars  is  hereby  appro- 
priated out  of  any  money  in  the  state  treasury,  not  otherwise  appro- 
priated, to  be  used  in  putting  into  effect  the  provisions  of  this  act; 
and  the  money  hereby  appropriated  shall  become  available  on  the  first 
day  of  October,  1913,  and  shall  be  set  aside  in  a  separate  fund  to  the 
credit  of  said  board  of  harbor  commissioners  for  the  port  of  San  .Jose 
and  paid  out  upon  warrants  drawn  therefor  by  the  controller  as  directed 
by  the  said  board;  and  the  said  controller  is  hereby  authorized  and 
directed  to  draw  his  warrants  in  favor  of  such  persons  and  in  such 
amounts  as  may  be  designated  by  said  board,  and  the  said  treasurer 
is  hereby  directed  to  pay  such  warrants. 

TITLE  208. 

HIGHWAYS. 
ACT  1448. 

An  act  providing  for  the  laying  out,  constructing,  straightening,  im- 
provement and  repair  of  main  public  highways  in  any  county,  pro- 
viding for  the  voting,  issuing,  and  selling  of  county  bonds  and  the 
acceptance  of  donations  to  pay  for  such  work  and  improvements, 
providing  for  a  highway  commission  to  have  charge  of  such  work 
and  improvements,  and  authorizing  cities  and  towns  to  improve  the 
portions  of  such  highways  within  their  corporafe  limits  and  to  issue 
and  sell  bonds  therefor.' 

[Approved  March  19,   1907.     Stats.   1907,  p.   666.] 
Amended    1909,    p.    151;    1911,    pp.    505,    589;    Ex.    Sess.    1911,    p.    65;    1913, 
p.  327. 

The  amendments  of  1911  and  1913  are  as  follows: 

County  highway  commission,  how  constituted,  and  terms  of  members. 
Bond. 
§  2.  Said  highway  commission  shall  consist  of  three  members,  who 
shall  be,  and  have  been  for  two  years,  bona  fide  residents  and  free- 
holders of  such  county,  and  shall  be  especially  qualified  to  have  charge 
of  the  improvement  of  highways.  Said  commissioners  shall  be  appointed 
to  serve  for  the  term  of  two  years  and  until  their  successors  are  ap- 
pointed and  qualified,  and  any  vacancy  in  the  commission  shall  be  filled 
by  appointment  for  the  unexpired  term;  provided,  however,  that  when 
the  proposition  for  the  issuance  of  bonds  fails  to  carry  at  the  election 
held  under  section  7  of  this  act,  or  when  all  the  highway  improvements 
for  which  bonds  are  voted  under  said  section  7  are  completed,  or,  if 
there  is  a  surplus  in   the   highway  improvement   fund   after   completion 


1217  HIGHWAYS.  Act  1448,  §  10 

thereof,  when  said  surplus  has  been  expended  on  other  highways,  the 
existence  of  said  liighway  commission  shall  cease.  Thereafter  another 
commission  may  be  appointed  under  section  1  hereof.  Each  commis- 
sioner shall  give  a  bond  for  the  faithful  performance  of  his  duties,  to 
be  approved  by  the  board  of  supervisors,  in  such  amount  as  said  board 
may  require.  No  member  of  the  board  of  supervisors  can  act  or  be 
appointed  as  a  commissioner  under  this  act.  [Amendment  approved 
December  24,  1911;  Stats.  Ex.  Sess.  1911,  p.  65.] 
Also   amended   March  27,   1911;    Stats.   1911,   p.   505. 

Highway  coinmission  to  decide  character  of  improvements.  Bailroad 
franchises. 
§  10.  All  improvements  constructed  under  this  act  shall  be  of  a 
durable  and  lasting  character;  provided,  that  said  commission  shall 
have  the  power  to  determine  how  said  highways  shall  be  improved  and 
constructed,  and  the  character  of  the  materials  to  be  used  in  the  im- 
provements and  construction  thereof.  If  said  commission  shall  deter- 
mine that  said  highways,  or  any  of  them,  shall  be  macadamized  or 
paved,  then  the  macadamized  or  paved  portion  of  the  roadbed  con- 
structed or  any  highway  or  portion  thereof  improved  under  this  act 
shall,  not  exceed  sixteen  feet  in  width,  unless  donations  are  made  to 
the  highway  commission  for  that  purpose,  in  which  case  such  donations 
shall  be  used  to  defray  the  increased  cost  of  constructing  such  macada- 
mized or  paved  roadbed  more  than  sixteen  feet  wide  on  any  part  of  such 
highway  specified  by  the  donors,  but  no  part  of  the  proceeds  of  any 
bond  issue  shall  be  expended  for  such  purpose,  except  to  build  shoulders 
or  marginal  protections  to  said  highways  where  the  same  are  macad- 
amized or  paved,  and  which  shoulders  or  marginal  protections  thereto 
shall  not  exceed  two  feet  in  width  on  each  side  of  said  macadamized 
or  paved  highway.  No  railroad,  electric  railroad,  or  street  railroad 
shall  be  constructed  along  or  upon  such  highway,  or  any  portion  thereof, 
improved  under  the  provisions  of  this  act,  except  for  crossings  duly 
authorized  by  the  board  of  supervisors  or  other  legislative  body  having 
control  thereof;  nor  shall  any  board  of  supervisors  or  other  legislative 
body  have  power  to  grant  any  franchise  for  the  construction  of  any 
railroad,  electric  railroad  or  street  railroad  along  or  upon  any  such 
highway  or  portion  thereof,  except  for  crossing;  provided,  that  when 
any  such  highway  or  portion  thereof  shall,  after  the  improvement  of 
the  same  under  the  provisions  of  this  act,  be  included  within  the 
boundaries  of  any  incorporated  city,  city  and  county  or  town  the  fore-, 
going  provisions  of  this  section  shall  not  prohibit  the  granting  of  any 
such  franchise  by  the  proper  municipal  authorities  along,  upon  or  across 
any  such  highway,  or  portion  thereof  so  included,  within  the  boundaries 
of  any  such  incorporated  city,  city  and  county,  or  town.  Any  such 
franchise  shall  be  granted  only  upon  the  express  condition  that  the 
grantee  thereof  will  pay  to  the  county  for  the  benefit  of  the  general 
fund  thereof  an  amount  equal  to  the  cost  of  the  improvement  or  con- 
77 


Acts  1449, 1449a  general  laws.  1218 

struction  of  such  portion  of  the  roadbed  or  highway  constructed  or 
improved  under  the  provisions  of  this  act  as  shall  be  occupied  by  the 
track  or  tracks  of  such  railroad,  electric  road  or  street  railroad. 
[Amendment  approved  May  26,  1913;   Stats.   1913,  p.  327.] 

Also  amended  April    3,   1911;    Stats.   1911,  p.   589. 

Citetiona.      Cal.    158/313,   314,   315,    321. 

ACT  1449. 

An  act  to  provide  for  the  formation  of  boulevard  districts  and  the  con- 
struction, maintenance,  and  use  of  boulevards  and  defining  the 
term  boulevard.  [Approved  March  22,  1905.  Stats.  1905,  p.  754. J 
Amended   1909,   p.   923.     Repealed   1911,  p.   1425.      See   post,   Act   1449a. 

ACT  1449a. 

An  act  to  provide  for  the  formation  and  establishment  of  boulevard 
districts;  the  construction,  acquisition,  maintenance,  control  and  use 
of  boulevards;  defining  the  term  boulevard;  providing  for  the  vot- 
ing, issuing  and  selling  of  bonds,  and  the  levying  of  taxes  to  pay 
for  the  acquisition,  construction,  maintenance  and  repair  of  such 
boulevard;  providing  for  a  boulevard  commission  to  have  charge  of 
the  affairs  of  boulevard  districts,  and  the  construction,  maintenance 
and  repair  of  boulevards,  within  such  districts;  providing  for  the 
election  of  such  commission,  their  terms  of  office,  and  of  elections 
to  be  held  in  such  districts;  and  repealing  an  act  entitled  "-\n  act 
to  provide  for  the  formation  of  boulevard  districts,  and  the  con- 
struction, maintenance,  and  use  of  boulevards,  and  defining  the  term 
boulevard,"  approved  March  22,  1905,  and  the  act  amendatory 
thereof,   approved   April    15,   1909. 

[Approved  May  1,  1911.     Stats.  1911,  p.  1425.] 
Amended  Ex.   Sess.   1911,   p.   223;    1913,  p.    394. 

Boulevard  district. 

§  1.  Any  portion  of  a  county  not  contained  in  a  boulevard  district 
under  the  provisions  of  this  act.  may  be  formed  into  a  boulevard  district, 
and  when  so  formed  shall  be  known   and   desiguated   by   the   name   and 

style  of  boulevard  district  (using  the  name  of  the  district)  of  

county  (using  the  name  of  the  county  in  which  said  district  is  located), 
and  shall  have  the  rights  herein  enumerated  and  such  as  may  hereafter 
be  conferred  by  law. 

Petition  to  supervisors. 

§  2.  A  petition  for  the  formation  of  such  boulevard  district  (naming 
it)  may  be  presented  to  the  board  of  supervisors  of  the  county  wherein 
the  district  is  proposed  to  be  formed,  which  said  petition  shall  be  signoil 
by  not  less  than  twenty-five  freeholders,  resident  within  the  proposed 
district  and  shall  contain: 


.1219  HIGHWAYS.  Act  1449a,  §§  3-5 

(1)  The  boundaries  of  the  proposed  district  and  the  number  of  in- 
habitants  residing  therein; 

(2)  The  number  of  acres  contained  therein  and  the  assessed  value 
thereof  and  of  the  improvements  thereon; 

(3)  A  particular  description  of  the  boulevard  which  it  is  desired  to 
lay  out,   open   and   construct; 

(4)  A  request  that  an  election  be  called  within  said  district  for  the 
purpose  of  determining  the  question  of  the  formation  of  said  boulevard 
district  and  the  building  of  the  boulevard  described  in  said  petition. 

Hearing  on  petition. 

§  3.  Such  petition  must  be  presented  at  a  regular  meeting  of  said 
board  of  supervisors  and  thej'  shall  thereupon  fix  a  time  for  hearing  said 
petition,  not  less  than  twenty,  nor  more  than  sixty  days  after  the  date 
of  presentation  tliereof,  and  shall  publish  a  notice  of  the  fact  that  such 
petition  has  been  filed  (referring  to  the  same  on  file  with  the  clerk  of 
the  board  of  supervisors  for  further  particulars)  and  giving  the  date 
and  hour  at  which  said  petition  will  be  heard,  which  said  notice  shall 
be  published  at  least  once  a  week  for  two  consecutive  weeks  in  some 
newspaper  published  and  circulated  in  said  proposed  district;  provided, 
that  if  no  newspaper  be  so  published  in  said  district,  then  said  notice 
shall  be  so  published  in  some  newspaper  published  and  circulated  at  the 
county  seat  in  which  said  proposed  district  is  located. 

Hearing  and  proceedings, 

§  4.  Upon  the  day  named  for  the  hearing  of  said  petition,  the  board 
of  supervisors  shall  hear  the  same  and  may  adjourn  such  hearing  from 
time  to  time,  not  more  than  thirty  days  in  all.  On  the  final  hearing 
the  said  board  shall  define  and  establish  the  boundaries  of  said  boulevard 
district  as  provided  in  said  petition,  unless  they  shall  deem  it  proper  to 
change  them';  provided,  that  any  change  made  by  said  board  of  super- 
visors shall  not  include  any  territory  outside  of  the  boundaries  described 
in  the  petition,  until  the  board  has  given  at  least  two  weeks'  notice  of 
its  intention  to  include  such  territory  within  such  district,  by  publication 
for  two  weeks  of  such  notice  of  intention  in  a  newspaper  of  general 
circulation  published  either  in  said  district  or  at  the  county  seat.  The 
territory  of  such  district  shall  not  be  changed  or  reduced  to  such  an 
extent  as  to  prevent  the  creation  and  establishment  of  such  boulevard 
district. 

Boundaries  established. 

§  5.  The  boundaries  established  by  the  board  of  supervisors  shall  be 
the  boundaries  of  such  boulevard  district  until  the  same  shall  be  changed 
in  the  manner  provided  by  law.  But,  if  it  shall  appear  to  the  board 
that  the  boundaries  of  any  such  district  have  been  incorrectly  described 
in  the  petition,  it  shall  direct  the  county  surveyor  to  ascertain  and" 
report  the  correct  description  of  the  boundaries,  in  conformity  with  the 
orders    of   said   board    of   supervisors,   which    said   report   must   be    filed 


Act  1449a,  §§  6,7  general  laws.  1220 

within  ten  days  from  the  day  of  making  such  order.  At  the  first  regu- 
lar meeting  after  the  filing  of  said  report,  the  board  of  supervisors  shall 
ratify  the  same,  by  resolution  entered  in  its  minutes,  with  such  modifica- 
tions as  they  deem  necessary,  and  the  boundaries  so  established  shall  be 
the  legal  boundaries  of  such  boulevard   district. 

Election.     Order  posted  and  published. 

§  6.  The  board  of  supervisors  thereupon,  and  not  later  than  thirty 
days  after  the  establishment  of  said  boundaries,  as  hereinbefore  pro- 
vided, shall  give  notice  of  an  election  to  be  held  in  such  proposed  boule- 
vard district  for  the  purpose  of  determining  whether  such  district  shall 
be  formed.  The  order  must  fix  the  day  of  such  election,  which  must  be 
within  sixty  days  from  the  date  of  the  order,  and  must  show  the  bound- 
aries of  the  proposed  district,  and  must  state  that  at  such  election 
three  persons  who  are  to  compose  the  boulevard  commission  will  be  voted 
for.  This  order  shall  be  entered  in  the  minutes  of  the  board,  and  shall 
be  conclusive  evidence  of  the  due  presentation  of  a  proper  petition,  and 
of  the  fact  that  each  of  the  petitioners  was,  at  the  time  of  the  signing 
and  presentation  of  such  petition,  a  resident  and  freeholder  of  the  pro- 
posed district;  a  copy  of  such  order  shall  be  posted  for  four  successive 
weeks  prior  to  the  election,  in  three  public  places  within  the  proposed 
district,  and  shall  be  published  for  four  successive  weeks  prior  to  the 
election  in  some  newspaper  published  in  the  proposed  district,  if  there 
be  one,  and  if  not,  in  some  newspaper  published  at  the  county  seat.  It 
shall  be  suflScient  if  the  order  be  published  once  a  week. 

Polling  places  and  election  ofilcers.  Ballot.  Boulevard  commission. 
Canvass  of  votes. 
§  7.  The  board  of  supervisors,  at  least  fifteen  days  prior  to  the  elec- 
tion, shall  select  one,  and  may  select  two,  polling  places  within  the  pro- 
posed district,  and  make  all  suitable  arrangements  for  the  holding  of 
such  election.  They  must  appoint  one  inspector  and  two  judges  of 
election  in  each  polling  place,  who  shall  constitute  the  officers  of  said 
election;  if  none  are  so  appointed  or  if  those  appointed  are  not  present 
at  the  time  of  the  opening  of  the  polls,  the  electors  present  may  appoint 
them  and  they  shall  conduct  the  election.  The  ballot  shall  contain  the 
words  "For  a  Boulevard  I?istrict"  or  "Against  a  Boulevard  District"  as 
the  case  may  be,  and  also  the  names  of  the  persons  to  be  voted  for  at 
said  election.  At  such  election  there  shall  be  elected  three  persons  for 
members  of  the  boulevard  commission.  Such  election,  and  all  subsequent 
elections  in  said  district,  shall  be  conducted  as  nearly  as  practicable  in 
accordance  with  the  general  election  laws  of  the  state,  except  that  the 
jirovisions  of  said  laws  as  to  the  form  of  ballots  and  the  making  of 
nominations  shall  not  apply.  Every  qualified  elector,  resident  within  the 
proposed  district  for  the  period  requisite  to  enable  him  to  vote  at  a  gen- 
eral election  shall  be  entitled  to  vote  at  the  election  above  provided  for. 
The  ollicers  of  the  election  must  certify  the  result  of  the  election  to  the 


1221  HIGHWAYS.  Act  1449a,  §  8 

board  of  supervisors,  and  if  a  majority  of  the  votes  east  at  such  election 
shall  be  in  favor  of  a  boulevard  district  the  board  of  supervisors  shall 
make  and  cause  to  be  entered  in  the  minutes  of  said  board  an  order 
that  a  boulevard  district  of  the  name,  and  with  the  boundaries  stated 
in  the  petition  (setting  forth  such  boundaries),  has  been  duly  established 
and  shall  declare  the  persons  receiving  respectively  the  highest  number 
of  votes  for  members  of  the  boulevard  commission,  duly  elected  as  such 
commissioners;  and  said  order  shall  be  conclusive  evidence  of  the  fact 
and  regularity  of  all  prior  proceedings  of  every  kind  and  nature  provided 
for  by  this  act  or  by  law,  and  of  the  existence  and  validity  of  the  boule- 
vard district.  If  a  majority  of  the  votes  cast  shall  be  against  a  boule- 
vard district,  the  board  shall  by  order  entered  in  its  minutes  so  declare, 
and  no  other  proceeding  shall  be  taken  in  relation  thereto  until  the  ex- 
piration of  six  months  from  the  date  of  the  presentation  of  the  petition 
to  said  board. 

Annual  elections.  Classification  of  commissioners  electad.  at  organiza^ 
tion. 
§  8.  There  shall  be  an  election  for  two  members  of  the  boulevard 
board  in  every  even-numbered  year,  beginning  with  the  first  even-num- 
bered year  after  the  election  at  which  the  said  district  was  organized, 
and  the  two  members  then  to  be  elected  shall  hold  ofiice  until  the  elec- 
tion and  qualification  of  their  successors  in  the  next  even-numbered  year; 
and  there  shall  be  an  election  for  one  member  of  the  boulevard  com- 
mission in  everj''  odd-numbered  year  beginning  with  the  first  odd-num- 
bered year  after  the  election  at  which  the  district  was  organized,  and 
the  member  then  to  be  elected  shall  hold  oflBee  until  the  election  and 
qualification  of  his  successor  in  the  next  odd-numbered  year.  The  three 
members  elected  at  the  election  at  which  the  district  was  organized  shall, 
at  their  first  meeting,  or  as  soon  thereafter  as  may  be  practicable,  so 
classify  themselves  by  lot,  that  two  of  them  shall  go  out  of  oflSce  in  the 
first  even-numbered  year  after  the  election  at  which  the  district  was 
organized,  and  upon  the  election  and  qualification  of  their  successors,  as 
provided  by  this  act.  The  members  of  the  boulevard  commission  shall 
receive  no  compensation  whatever,  either  for  general  or  for  special  ser- 
vices. All  elections  for  officers  after  the  formation  of  the  district  shall 
be  held  on  the  first  Monday  after  the  first  Tuesday  in  the  month  of 
March.  Not  less  than  twenty  days  before  the  day  of  such  election  t^e 
boulevard  commission  must  give  notice  of  said  election  by  posting  notice 
thereof  in  three  public  places  in  the  boulevard  district,  which  notice 
must  specify  the  time  and  place  of  elections,  the  hours  during  which  the 
polls  will  be  kept  open,  and  the  officers  to  be  elected.  They  shall  select 
one,  and  may  select  two  polling  places  within  the  district;  shall  ap- 
point one  inspector  and  two  judges  of  election  in  each  polling  place,  and 
make  all  necessary  and  proper  arrangements  for  holding  the  election. 
Said  election  officers  shall  constitute  the  election  board.  If  no  election 
officers  are  so  appointed,  or  if   those   appointed  are   not  present  at  the 


Act  1449a,  §§  9, 10  general  laws.  1222 

time  of  the  opening  of  the  polls,  the  electors  present  may  appoint  them 
and  they  shall  conduct  the  election.  Such  election  shall  be  conducted  as 
nearly  as  practicable  in  accordance  with  the  general  election  laws  of  the 
state,  except  that  the  requirements  of  said  laws  as  to  the  form  of  ballots 
and  the  making  of  the  nominations  of  candidates,  shall  not  apply. 
Every  qualified  elector  resident  within  the  district  for  the  period  requi- 
site to  enable  him  to  vote  at  a  general  election,  shall  be  entitled  to  vote 
at  the  election.  At  such  election  the  last  great  register  of  the  county 
shall  be  used,  and  any  elector  whose  name  is  not  upon  such  great  reg- 
ister shall  be  entitled  to  vote  upon  producing  and  filing  with  the  board 
of  election  a  certificate,  under  the  hand  and  seal  of  the  county  clerk, 
showing  that  his  name  is  registered  and  uncanceled  upon  the  great  reg- 
ister of  such  county,  provided  that  he  is  otherwise  entitled  to  vote.  The 
officers  of  the  election  must  publicly  canvass  the  votes  immediately  after 
the  closing  of  the  polls,  and  must  certify  the  result  within  twenty-four 
hours  after  the  closing  of  the  polls  to  the  boulevard  commission.  Said 
commission  shall  within  five  days  after  the  day  of  election  canvass  said 
returns  and  shall  make,  sign  and  deliver  certificates  of  election  to  the 
person  or  persons  elected.  [Amendment  approved  January  12,  1912; 
Stats.    Ex.  Sess.  1911,  p.  223.] 

Powers  of  board. 

§  9.  Every  boulevard  district  formed  under  the  provisions  of  this 
act  shall  have  power  to  have  and  use  a  common  seal,  alterable  at  the 
pleasure  of  the  boulevard  commission;  to  sue  and  be  sued  by  its  name; 
to  lay  out,  establish,  construct,  acquire  and  maintain  one  or  more  boule- 
vards within  the  district,  and  for  this  purpose  to  acquire  by  purchase, 
gift,  devise,  condemnation  proceedings  or  otherwise  real  and  personal 
property  and  rights  of  way  within  the  district,  and  to  pay  for  and  hold 
the  same;  to  make  and  accept  any  and  all  contracts,  deeds,  releases  and 
documents  of  any  kind  which  shall  be  necessary  or  proper  to  the  exercise 
of  any  of  the  powers  of  the  district,  and  to  direct  the  payment  of  all 
lawful  claims  and  demands  against  it;  to  issue  bonds  as  hereinafter  pro- 
vided, and  to  provide  for  the  payment  of  the  same  and  the  interest 
thereon;  and  to  cause  to  be  levied  taxes  sufficient  when  directed  by  a 
vote  of  the  people  of  the  district  for  the  construction,  maintenance  or 
repair  of  said  boulevard,  and  the  running  expenses  of  the  district;  to 
employ  all  necessary  engineers,  surveyors,  agents  and  workmen  to  do 
the  work  on  said  boulevard  and  in  said  district;  and  generally  to  do 
and  perform  any  and  all  acts  necessary  or  proper  to  the  complete  exor- 
cise and  effect  of  any  of  its  powers  or  the  purposes  for  which  it  was 
formed. 

Offi.cers  of  district.    Vacancy.     Bond. 

§  10.  The  officers  of  the  district  shall  be  three  members  of  the  boule- 
vard commission,  and  their  term  of  office  shall  be  for  two  years.  No 
person  shall  be  eligible  to  act  as  a  commissioner  who  has  not  been  a  bona 


1223  HIGHWAYS.  Act  1449a,  §§  11-13 

fide  resident  and  freeholder  of  the  district  for  at  least  one  year  prior 
to  his  election  or  appointment.  Any  vacancy  in  the  commission  shall 
be  filled  by  appointment  for  the  unexpired  term  by  the  board  of  super- 
visors of  the  county  in  which  said  district  ;s  located,  but  no  member  of 
the  board  of  supervisors  shall  l)e  eligible  to  membership  on  said  commis- 
sion, or  to  hold  any  position  in  connection  therewith.  Each  commissioner 
shall  give  a  bond  to  the  boulevard  district  for  the  faithful  performance 
of  his  duties  in  the  sum  of  five  thousand  dollars,  to  be  approved  by  the 
judge  of  the  superior  court. 

Commission  governing  body  of  district. 

§  11.  The  boulevard  commission  shall  be  the  governing  body  of  the 
district,  and  shall  exercise  all  the  powers  thereof.  At  its  first  meeting, 
or  as  soon  thereafter  as  may  be  practicable,  the  commission  shall  choose 
one  of  its  members  as  president,  and  another  of  its  members  as  secretary. 
All  contracts,  deeds,  warrants,  releases,  receipts  and  documents  of  every 
kind  shall  be  signed  in  the  name  of  the  district  by  its  president,  and 
shall  be  countersigned  by  its  secretary.  The  commission  may  hold  such 
meetings,  either  in  the  day  or  in  the  evening,  as  maj"^  be  convenient. 
In  case  of  the  absence  or  inability  to  act  of  the  president  or  secretary, 
the  board  shall,  by  order  entered  upon  its  minutes,  choose  a  president 
pro  tem.  or  secretary  pro  tem.,  as  the  case  may  be. 

Boulevard  may  be  constructed  on  county  road.     "Boulevard"  defined. 

§  12.  Any  boulevard  constructed  under  this  act  may  be  constructed 
over,  along  or  upon  any  county  road  or  public  highway,  or  any  part 
thereof,  and  the  moneys  belonging  to  such  boulevard  district  may  be 
expended  in  the  improvement  of  such  road  or  highway  to  conform  to  the 
width  and  general  character  of  the  balance  of  the  boulevard.  By  the 
term  "boulevard"  as  used  herein  is  meant  a  highway  of  limited  dedica- 
tion and  use,  not  less  than  thirty,  and  not  more  than  one  hundred  feet 
in  width,  and  upon,  along,  and  over  which,  when  the  same  is  less  than 
sixty  feet  in  width  no  railroad,  electric  road,  or  street  railroad  shall  be 
constructed  or  operated,  or  on  any  portion  thereof;  and  no  franchise  for 
the  same,  or  for  telephone,  telegraph  or  electric  wires  or  poles  thereon, 
shall  be  granted;  and  any  easements  granted  or  condemned  for  the  build- 
ing of  said  boulevard  shall  be  so  granted  or  condemned;  provided,  that 
nothing  herein  shall  be  deemed  to  apply  to  or  as  preventing  the  granting 
of  such  franchise  or  limiting  the  use  of  wagons  across  said  boulevard, 
on,  over  and  along  intersecting  streets  and  highways.  [Amendment  ap- 
proved June  5,  1913;  Stats,  1913,  p.  394.] 

Bond  elections. 

§  13.  At  any  time  after  the  district  is  organized,  the  boulevard  com- 
mission may,  by  order  entered  in  the  minutes  of  the  meetings  of  the 
commission,  call  an  election  for  the  purpose  of  determining  whether 
bonds  shall  be  issued  for  the  construction  of  such  boulevard.  Such  order 
shall  fix  the  day  of  the  election  and  shall  sx^ecify  the  amount  of  money  to 


Act  1449a,  §  14  general  laws.  1224 

be  raised,  and  shall  state  in  general  terms  the  purpose  for  which  it  i? 
to  be  raised.  A  copy  of  such  order  shall  be  posted  for  four  suceessiv." 
weeks  prior  to  the  election  in  at  least  three  public  places  within  th>' 
district,  and  shall  be  published  for  four  successive  weeks  prior  to  th- 
election  in  some  newspaper  published  within  the  district,  if  there  1"- 
one,  and  if  not,  in  some  newspaper  publi>-hed  at  the  county  seat.  Jt 
shall  be  sufficient  if  the  order  be  published  once  a  week. 

Polling  places,  etc.    Advertise  for  bids  for  constructing  boulevards. 

§  14.  At  any  time  prior  to  the  day  fixed  for  the  election  the  com- 
mission shall  select  one,  and  may  select  two,  polling  places  within  the 
district,  and  appoint  one  inspector,  one  judge  and  one  clerk  for  each 
precinct  to  conduct  the  same,  and  shall  make  all  necessary  and  proper 
arrangements  for  holding  the  election.  The  ballots  shall  contain  the 
words  "For  the  Issuance  of  Bonds,"  or  "Against  the  Issuance  of  Bonds." 
The  election  shall  be  conducted  in  accordance  with  the  general  election 
laws  of  the  state,  so  far  as  the  same  may  be  applicable,  except  as  herein 
otherwise  provided.  Every  qualified  elector  resident  within  the  district 
for  the  length  of  time  necessary  to  enable  him  to  vote  at  a  general  elec 
tion  shall  be  entitled  to  vote  at  the  election.  After  the  votes  shall  have 
been  counted  and  the  result  announced  by  the  election  officers  the 
ballots  shall  be  sealed  up  and  delivered  to  the  secretary  or  president 
of  the  boulevard  commission,  and  said  commission  shall  within  two  days 
thereafter  proceed  to  canvass  the  same  and  shall  enter  the  result  upon 
its  minutes.  Such  entry  shall  be  conclusive  evidence  of  the  fact  and 
regularity  of  all  prior  proceedings  of  every  kind  and  nature  provided 
by  this  act  or  by  law,  and  of  the  facts  stated  in  such  entry.  If,  at  such 
election,  two-thirds  of  the  votes  cast  be  in  favor  of  the  issuance  of  bonds, 
the  said  commission  shall  have  full  power  and  authority  to  issue  and 
dispose  of  said  bonds  as  proposed  in  the  order  calling  the  election  and 
as  hereinafter  provided.  The  boulevard  commission  shall  advertise  for 
bids  for  constructing  such  boulevard,  or  for  doing  any  repair  or  main- 
tenance work  thereon  in  accordance  with  plans,  profiles,  and  specifica- 
tions to  be  prepared  by  said  commission,  by  publishing  a  notice  thereof 
for  three  successive  weeks  in  a  weekly  newspaper  published  within  the 
boulevard  district,  if  such  newspaper  is  published  therein;  otherwise 
In  a  newspaper  published  at  the  couutv  seat.  Every  contract  for  doing 
any  part  of  said  work  shall  be  let,  after  advertisement  as  herein  pro- 
vided, to  the  lowest  responsible  bidder,  who  shall  give  a  bond  to  the 
boulevard  district  for  the  faithful  performance  of  his  contract,  with 
sureties  satisfactory  to  said  commission  in  an  amount  equal  to  at  least 
fifty  per  cent  of  the  amount  of  the  contract  price,  which  shall  be  stated 
in  said  advertisement,  provided,  however,  that  the  commission  may  make 
contracts,  without  advertisement,  for  any  work  on  said  boulevard  the 
cost  of  which  does  not  exceed  one  thousand  dollars;  and  provided,  fur- 
ther, that  the  commission  may  reject  any  or  all  bids  and  may  thereupon 
readvertise  for  bids  for  doing  any  part  or  the  whole  of  said  work;  or 


1225  HIGHWAYS.  Act  1449a,  §§  15, 16 

may  do  said  work  without  letting  any  contract  therefor  when  the  amount 
of  the  work  is  less  than  one  thousand  dollars.  Said  commission  may 
hire  all  necessary  engineers,  inspectors  and  superintendents  to  supervise 
the  performance  of  contracts  entered  into  by  said  commission,  or  to  have 
charge  of  the  doing  of  all  work  done  without  contract. 

Denominations  of  bonds,  payment,  sale,  etc. 

§  15.  All  bonds  issued  under  the  provisions  of  this  act  shall  be  of 
such  denomination  as  the  boulevard  commission  may  determine,  except 
that  no  bonds  shall  be  of  less  denomination  than  one  hundred  dollars 
nor  of  a  greater  denomination  than  one  thousand  dollars.  Said  bonds* 
shall  be  payable  in  gold  coin  of  the  United  States  at  the  office  of  the 
county  treasurer  of  the  county  wherein  said  district  is  situated,  and 
shall  bear  interest  at  a  rate  not  exceeding  seven  per  centum  per  annum; 
which  interest  shall  be  payable  semi-annually  in  like  gold  coin.  Not 
less  than  one-twentieth  part  of  the  total  issue  of  bonds  shall  be  payable 
each  year,  on  a  day  to  be  fixed  by  the  commission  and  specified  in  the 
bonds.  Each  bond  shall  be  signed  by  the  president  and  countersigned 
by  the  secretary  of  the  boulevard  commission,  and  said  bonds  shall  be 
numbered  consecutively,  beginning  with  number  1,  and  shall  have  cou- 
pons attached  referring  to  the  number  of  the  bond  to  which  they  are 
attached,  which  coupons  shall  be  signed  by  the  president  and  counter- 
signed by  the  secretary  of  said  commission.  The  bonds  must  be  sold 
or  disposed  of  by  the  boulevard  commission  in  such  manner  and  in  such 
quantities  as  may  be  determined  by  said  commission  in  its  discretion, 
but  no  bond  must  be  sold  for  less  than  its  face  value.  The  proceeds  of 
such  sale  shall  be  deposited  with  the  county  treasurer  and  shall  be  by 
him  placed  in  the  fund  to  be  called  the  boulevard  construction  and  main- 
tenance fund  of  boulevard  district  (naming  it);  the  money  in  such 

fund  shall  be  used  for  the  purpose  indicated  in  the  order  calling  the  elec- 
tion upon  the  question  of  the  issuance  of  bonds;  provided,  that  any  money 
remaining  in  said  fund  on  completion  of  the  work  contracted  for,  shall 
be  expended  in  the  betterment  and  maintenance  of  said  boulevard.  If 
the  result  of  the  election  be  against  the  issuance  of  bonds  no  other  elec- 
tion upon  the  question  shall  be  called  or  held  for  six  months. 

Estimate  to  be  furnished  supervisors. 

§  16.  The  commissioners  must  on  or  before  the  first  meeting  of  the 
board  of  supervisors  in  September  of  each  year,  furnish  the  supervisors 
and  the  auditor  of  the  county  wherein  the  district  is  situated,  an  estimate 
in  writing  of  the  amount  of  money  needed  for  the  purpose  of  the  district 
for  the  ensuing  fiscal  year.  The  amount  must  be  sufficient  to  pay  off 
the  annual  interest  accruing  upon  said  bonds,  as  it  falls  due,  and  also 
to  pay  one  twentieth  part  of  the  principal  of  said  bonds;  to  pay  the 
estimated  cost  of  repairs  and  maintenance  of  the  boulevard  and  the 
running  expenses  of  the  district. 


Actl449a,§§  17-20  general  laws.  1226 

Tax  levy. 

§  17.  The  board  of  supervisors  of  any  county  wherein  is  situated  a 
boulevard  district,  must  annually  at  the  time  of  levying  county  taxes 
levy  a  tax  to  be  known  as  the  " (name  of  district)  boulevard  dis- 
trict tax,"  sufficient  to  raise  the  amount  reported  to  them  as  herein  pro- 
vided, by  the  boulevard  commission.  The  supervisors  must  determine 
the  rate  of  such  tax  by  deducting  fifteen  per  cent  for  anticipated  delin- 
quencies from  the  total  assessed  value  of  the  real  property  of  the  dis- 
trict within  the  county,  as  it  appears  on  the  assessment-roll  of  the  county, 
and  dividing  the  sum  reported  by  the  boulevard  commission  as  required 
'  to  be  raised  by  the  remainder  of  such  total  assessed  value.  The  tax  so 
levied  shall  be  computed  and  entered  on  the  assessment-roll  by  the 
county  auditor,  and  if  the  supervisors  fail  to  levy  the  tax  as  provided 
in  the  preceding  section,  then  the  auditor  must  do  so.  Such  tax  shall  be 
collected  at  the  same  time  and  in  the  same  manner  as  state  and  county 
taxes,  and  when  collected  shall  be  paid  into  the  county  treasury  for  the 
use  of  said  district,  and  the  purposes  herein  specified.  The  provisions 
of  the  Political  Code  of  this  state  prescribing  the  manner  of  levying  and 
collecting  taxes  and  the  duties  of  the  several  county  officers  with  respect 
thereto  are,  so  far  as  they  are  applicable  and  not  in  conflict  with  the 
specific  provisions  of  this  act,  hereby  adopted  and  made  a  part  hereof. 
Such  officers  shall  be  liable  upon  their  several  official  bonds  for  the  faith- 
ful discharge  of  the  duties  imposed  upon  them  by  this  act. 

Repository  of  funds. 

§  18.  The  treasury  of  the  county  wherein  the  district  is  situated  shall 
be  the  repository  of  all  the  funds  of  the  district.  The  treasurer  of  the 
county  shall  receive  and  receipt  for  the  same,  and  shall  place  the  same  to 
the  credit  of  the  district.  He  shall  be  responsible  upon  his  official  bond 
for  their  safekeeping  and  disbursement  in  the  manner  herein  provided. 

Funds. 

§  19.  The  following  funds  are  hereby  established  to  which  the  money 
belonging  to  the  district  shall  be  apportioned  by  the  treasurer,  to  wit: 
bond  fund;  construction  and  maintenance  fund,  and  district  expense 
fund.  The  treasurer  shall  pay  out  the  same  only  upon  warrants  of  the 
boulevard  commission,  signed  by  the  president  and  attested  by  the  secre- 
tary. The  treasurer  shall  report  in  writing  to  the  commissioners  when- 
ever requested  by  them  or  the  secretary  the  amount  of  money  in  the 
various  funds,  the  amounts  of  receipts  since  his  last  report  and  the 
amounts  paid  out. 

Limit  of  bond  issue. 

§  20.  The  amount  to  be  raised  by  the  issuance  of  bonds  on  the  tax- 
able property  within  said  district,  shall  in  the  aggregate  not  exceed 
seventy-five  per  cent  of  the  estimated  cost  of  acquiring  the  right  of  way 
therefor  and  the  constructing  said  boulevard,  as  given  in  the  estimates 


1227  HIGHWAYS.  Act  1449a,  §§21-23 

to  be  furnished  by  the  county  surveyor;  the  balance  of  twenty-five  per 
cent  shall  be  paid  out  of  the  general  road  fund  of  the  county.  Sev^enty- 
five  per  cent  of  the  cost  of  maintenance  and  repair  of  said  boulevard 
shall  be  paid  by  the  boulevard  district  and  twenty-five  per  cent  of  the 
cost  of  such  maintenance  and  repair  thereof  shall  be  paid  out  of  the  gen- 
eral road  fund  of  the  county. 

Map  to  be  prepared  by  county  surveyor. 

§  21.  When  directed  by  the  boulevard  commission  of  said  district,  and 
before  the  calling  of  any  election  for  the  issuance  of  bonds,  the  county 
surveyor  shall  prepare  a  map  showing  the  location  of  said  proposed  boule- 
vard; also  showing  a  cross-section  and  profile  of  said  proposed  boulevard, 
together  with  specifications  for  the  construction  thereof,  and  an  estimate 
of  the  cost  of  acquiring  the  right  of  way  therefor,  and  of  the  construc- 
tion of  said  boulevard. 

Bond  to  cover  cost  of  election. 

§  22.  There  shall  be  filed  with  said  board  of  supervisors,  at  the  time 
of  the  filing  of  the  petition  for  the  organization  of  said  boulevard  dis- 
trict with  said  board,  a  bond  in  the  sum  of  not  more  than  three  hundred 
dollars,  with  two  sufficient  sureties,  to  be  approved  by  said  board,  who 
shall  each  qualify  in  double  the  amount  of  said  bond,  conditioned  that 
they  will  pay  the  expense  and  cost  of  said  election  in  an  amount  not 
exceeding  the  amount  mentioned  in  said  bond,  in  case  the  proposition  to 
organize  said  district  shall  be  defeated  at  said  election. 

Dissolution  of  district. 

§  23.  The  district  may  at  any  time  be  dissolved  upon  the  vote  of  two- 
thirds  of  the  qualified  electors  thereof  at  an  election  called  by  the  boule- 
vard commission  upon  the  question  of  dissolution.  Upon  a  petition 
signed  by  a  majority  of  the  electors  of  said  district  asking  for  the  dis- 
solution of  said  district,  the  boulevard  commission  shall,  within  thirty 
days  after  receiving  said  petition,  by  resolution,  order  that  an  election 
be  held  in  the  said  district  for  the  determination  of  the  question,  and 
appoint  three  qualified  electors  thereof  to  conduct  said  election.  Such 
election  shall  be  called  and  conducted  in  the  same  manner  as  other  elec- 
tions of  the  district.  Upon  such  dissolution,  any  property  which  may 
have  been  acquired  by  such  boulevard  district  shall  vest  in  any  incorpo- 
rated town  or  city  where  said  boulevard  district  shall  be  wholly  within 
or  be  identical  with  the  corporate  limits  of  such  incorporated  town  or 
city;  and  the  property  in  the  territory  of  said  district  outside  of  the 
limits  of  such  incorporated  town  or  city  shall  vest  in  the  county  board 
of  supervisors;  and  if  there  be  no  such  incorporated  town  or  city,  then 
such  property  shall  vest  in  the  board  of  supervisors  of  the  county  wherein 
such  boulevard  district  is  situated  until  the  formation  of  such  incorpo- 
rated town  or  city;  provided,  however,  that  if  at  the  time  of  the  election 
to  dissolve  such  district  there  be  any  outstanding  bonded  indebtedness 
of  such  district,  then,  in  such  event,   the  vote  to   dissolve  such   district 


Actl457d,  §§1-4  GENERAL  LAWS,  1228 

shall  dissolve  the  same  for  all  purposes  excepting  only  tie  levy  and  col- 
lection of  taxes  for  the  payment  of  such  outstanding  indebtedness  of  such 
district;  and  from  the  time  such  district  is  thus  dissolved  until  such 
bonded  indebtedness  with  the  interest  thereon  is  fully  paid,  satisfied  and 
discharged,  the  legislative  authority  of  such  incorporated  town  or  city, 
or  the  board  of  supervisors,  if  there  be  no  such  incorporated  town  or  city, 
is  hereby  constituted  ex  officio  the  boulevard  commission  of  such  district. 
And  it  is  hereby  made  obligatory  upon  such  board  to  levy  such  taxas 
and  perform  such  other  acts  as  may  be  necessary  in  order  to  raise  money 
for  the  payment  of  such  indebtedness,  and  the  interest  thereon,  as  herein 
provided. 

Eepealed. 

§  24.  That  certain  act  entitled  "An  act  to  provide  for  the  formation 
of  boulevard  districts,  and  the  construction,  maintenance,  and  use  of 
boulevards,  and  defining  the  term  boulevard,"  approved  March  22,  1905, 
and  the  act  amendatory  thereof,  approved  April  15,  1909,  are  hereby 
repealed. 

ACT  1457d, 

An  act  declaring  a  state  highway  from  the  Shasta  county  line  through 
Lassen  county  to  the  Modoc  county  line,  and  making  an  appropria- 
tion for  its  improvement  and  maintenance. 

[Approved  April  22,  1911.     Stats.  1911,  p.  1036.] 

Lassen  state  highway. 

§  1.  That  certain  highway  known  as  the  county  road,  and  beginning 
on  the  boundary  line  between  Shasta  and  Lassen  counties  in  the  north- 
east corner  of  township  37  north,  range  6  east,  and  running  and  extend- 
ing through  township  38  north,  range  6  east,  township  38  north,  range  7 
east,  township  38  north,  range  8  east,  to  the  Modoc  county  line,  a  dis- 
tance of  twenty-nine  miles,  is  hereby  declared  to  be,  and  the  same  is,  a 
state  highway  and  shall  be  designated  and  known  as  the  Lassen  State 
Highway. 

Engineering  department  to  control. 

§  2.  The  said  road  hereby  constituted  a  state  highway  is  hereby  placed 
under  the  supervision  and  control  of  the  department  of  engineering  of 
the  state  of  California. 

Engineering  department  authorized  to  construct  and  maintain. 

§  3.  The  department  of  engineering  is  hereby  authorized  to  construct, 
repair  and  maintain  said  highway  when  appropriations  are  available 
therefor,  and  to  modify  grades  thereon  wherever  necessary. 

Appropriation. 

§  4,  There  is  hereby  appropriated  out  of  any  money  in  the  state  treas- 
ury not  otherwise  appropriated,  the  sum  of  five  thousand  dollars  to  be 


1229  HIGHWAYS.  Act  1457e,  §§  1-3 

expended  under  th.e  supervision  of  said  department,  for  the  construction, 
repair  and  maintenance  of  said  highway  and  modification  of  grades 
thereon.  Of  the  sum  hereby  appropriated  three  thousand  dollars  thereof 
shall  be  available  on  the  first  day  of  July,  1911,  and  the  remaining  two 
thousand  dollars  thereof  shall  be  available  on  the  first  day  of  July,  1912. 

Controller  to  draw  warrants. 

§  5.  The  controller  of  the  state  of  California  is  hereby  authorized  and 
directed  to  draw  his  warrant  on  the  state  treasurer  for  the  said  amounts 
and  the  state  treasurer  is  hereby  directed  to  pay  the  same. 

ACT  1457e. 

,  Au  act  to  establish  the  Alpine  state  highway;  to  define  its  course;  to 
provide  for  its  supervision,  construction,  repair  and  maintenance, 
and  to  make  an  appropriation  therefor. 

[Approved  April  15,  1911.     Stats.  1911,  p.  931.] 

Alpine  state  highway. 

§  1.  That  certain  road  commencing  at  the  Calaveras  big  tree  grove, 
located  in  Calaveras  county,  thence  running  to  Dorrington  in  said  county; 
thence  easterly  following  what  is  known  as  the  Big  Tree  and  Carson 
valley  turnpike,  to  Mount  Bullion,  in  Alpine  county;  thence  along  county 
road  to  Markleeville,  in  Alpine  county;  thence  along  that  certain  road 
via  Kirkwood,  Silver  Lake,  Pine  Grove  and  Irishtown  to  Jackson,  in 
Amador  county,  including  therewith  the  road  from  Pickett's  in  Hope 
Valley  connecting  with  the  Lake  Tahoe  wagon  road,  a  state  highway, 
at  Osgood's  place  in  El  Dorado  county,  and  the  road  from  Mount  Bullion 
via  Loupe,  in  Alpine  county,  to  Junction  in  Mono  county,  connecting 
with  the  Sonora  and  Mono  state  highway,  is  hereby  declared  and  estab- 
lished a  state  highway  and  shall  be  designated  and  known  as  the  "Alpine 
State  Highway." 

Surveying,  constructing,  etc. 

§  2.  The  work  of  locating,  surveying,  constructing,  repairing  and 
maintaining  said  state  highway  is  hereby  placed  under  the  management 
and  control  of  the  department  of  engineering  and  it  shall  be  the  duty 
of  said  department  to  locate,  survey,  construct,  repair  and  maintain  said 
state  highway  along  all  the  roads  above  described,  with  such  variations 
and  modifications  of  grades  thereon  as  will  in  the  opinion  of  said  de- 
partment be  deemed  advisable. 

Appropriation. 

§  3.  There  is  hereby  appropriated  out  of  anj'  money  in  the  state 
treasury  not  otherwise  appropriated  the  sum  of  thirty-five  thousand  dol- 
lars to  be  expended  under  the  supervision  of  said  department  for  the 
construction,  repair  and  maintenance  of  said  state  highway  and  modifica- 
tion of  grades  thereon.     Of  the  sum  hereby  appropriated  seventeen  thou- 


Acts  1457f-14:57h  general  laws.  1230 

sand  five  hundred  dollars  thereof  shall  be  available  on  the  first  day  of 
July,  1911,  and  the  remaining  seventeen  thousand  five  hundred  dollars 
thereof  shall  be  available  on  the  first  day  of  July,  1912. 

Controller  to  draw  warrants. 

§  4.  The  state  controller  is  hereby  directed  to  draw  his  warrants  in 
such  sums  and  at  such  times  as  the  state  engineer  may  present  claims 
therefor,  and  the  state  treasurer  is  directed  to  pay  the  same. 

ACT  1457f. 

An  act  to  provide  a  state  highway  from  Meyer's  station  in  El  Dorado 

county,  California,  to  McKinney's  in  Placer  county,  California,  and 

making  an  appropriation  therefor.     [Approved  March  9,  1911.     Stats. 

1911,  p.  324.] 

The   act   appropriated   twenty-five   thousand   dollars   for   the   purpose    indicated, 
and  placed   the   work  under  the   control  of   the   department  of   engineering. 

ACT  1457g, 

An  act  to  make  an  appropriation  for  changing  the  state  road  known  as 

Emigrant  Gap  so  as  to  eliminate  the  grade  crossing  over  the  railroad 

track  near  Summit  station. 

[Approved  June  16,  1913.     Stats.  1913,  p.  1152.] 

Appropriation.     Elimination  of  grade  crossing,  Emigrant  Gap  road. 

§  1.  There  is  hereby  appropriated  out  of  any  moneys  in  the  state 
treasury  not  otherwise  appropriated  the  sum  of  four  thousand  dollars  for 
making  a  change  in  the  location  of  the  Emigrant  Gap  state  road  so  as 
to  eliminate  the  grade  crossing  of  said  road  over  the  railroad  track  near 
Summit  station;  provided,  that  the  Southern  Pacific  compan)'  shall  con- 
tribute not  less  than  three  thousand  five  hundred  dollars  for  the  same 
purpose. 

§  2.  The  state  controller  is  hereby  directed  to  draw  his  warrants  in 
such  sums,  and  at  such  times  as  claims  therefor,  approved  by  the  board 
of  control,  may  be  presented  by  the  department  of  engineering,  and  the 
state  treasurer  is  hereby  directed  to  pay  the  same. 

ACT  1457h. 

An  act  declaring  and  establishing  a  state  highway  from  the  city  of 
Bakersfield  through  a  portion  of  the  counties  of  Kern,  San  Luis 
Obispo,  Santa  Barbara  and  Ventura  to  the  city  of  San  Buena  Ven- 
tura, designated  and  known  as  the  Bakersfield,  Maricopa  and  Ventura 
state  highway. 

[Approved  June  16,  1913.     Stats.  1913,  p.  1134.] 


1231  HIGHWAYS.  Act  1457h,  §  1 

Certain  highway  declared  state  highway.     Course. 

§  1.  A  certain  highway  now  partly  constructed  and  partly  in  course 
of  construction  by  the  several  counties  through  which  the  same  passes 
and  running  substantially  along  the  following  lines,  courses  and  distances: 

Commencing  at  a  point  on  the  proposed  California  state  highway  be- 
tween Bakersfield  and  Los  Angeles  about  seven  miles  south  of  the  city  of 
Bakersfield,  thence  following  the  present  county  road  west  six  miles; 
then  south  twelve  miles;  thence  west  one-half  mile;  thence  south  three- 
quarters  of  a  mile;  thence  west  eight  miles;  thence  southwest  four  miles; 
thence  west  five  miles  to  the  town  limits  of  the  city  of  Alaricopa,  Kern 
county;  thence  following  a  survey  made  by  M.  W^  Buffington,  southwest 
thirteen  miles  to  the  western  boundary  of  Kern  county  in  the  west 
quarter  of  section  20,  township  10  north,  range  24  west;  being  a  total 
distance  in  the  county  of  Kern  of  forty-nine  and  one-quarter  miles,  of 
which  thirty-six  and  one-quarter  miles  lie  along  the  present  county  road 
and  thirteen  miles  are  new  road  from  the  city  of  Maricopa  to  the  Kern 
county  line. 

Thence  from  a  junction  at  the  Kern  county  line  with  the  proposed 
road  as  surveyed  by  Buflfington,  according  to  a  survey  made  by  A.  F. 
Parsons,  for  a  distance  of  approximately  five  miles  in  the  county  of  San 
Luis  Obispo  west  about  one  mile  through  the  lands  of  the  Kern  County 
Land  Company  and  the  Cuyama  rancho,  thence  southwesterly  one  mile 
and  a  half;  thence  south  three-quarters  of  a  mile;  thence  easterly  three- 
quarters  of  a  mile;  thence  southeasterly  about  one  mile,  through  the 
lands  of  the  Santa  Barbara  forest  reserve  and  of  S.  B.  Miller,  said  line 
of  proposed  road  in  San  Luis  Obispo  county  following  along  the  easterly 
side  of  the  Cuyama  river  and  in  the  valley  of  said  Cuyama  river;  to  the 
south  line  of  San  Luis  Obispo  county. 

Thence  from  a  junction  at  the  San  Luis  Obispo  county  line  with  the 
proposed  road  as  surveyed  by  Parsons  from  a  point  on  the  north  line  of 
the  county  of  Santa  Barbara,  according  to  a  survey  made  by  A.  C.  Hol- 
lister,  said  junction  point  being  in  section  11,  township  9  north,  range 
25  west,  S.  B.  M.,  and  running  in  a  general  southeasterly  direction,  fol- 
lowing the  valley  of  the  Cuyama  river  for  a  distance  of  eight  and  one- 
tenth  miles  to  a  point  in  the  eastern  boundary  of  Santa  Barbara  county 
in  section  17,  township  8  north,  range  24  west,  S.  B.  M. 

Thence  from  a  junction  at  the  Santa  Barbara  county  line  with  the 
Hollister  survey,  starting  from  the  western  boundary  of  Ventura  county 
in  the  valley  of  the  Cuyama  river,  according  to  a  survey  made  by  A.  M. 
Barton,  beginning  at  a  point  in  section  17,  township  8,  range  24  west, 
S.  B.  M.,  approximately  eleven  hundred  feet  south  of  the  northern  bound- 
ary of  section  17;  thence  southeasterly  along  the  northeasterly  bank  of 
the  Cuyama  river  a  distance  of  ten  miles  to  a  point  n.ear,  the  center  of 
section  19,  township  7  north,  range  23  west,  on  the  southerly  bank  of  the 
Cuyama  river;  thence  east  about  three-quarters  of  a  mile  to  a  point  in 
the  west  half  of  section  20,  township  7  north,  range  23  west;  thence  south 
through  the  west  half  of  the  west  half  of  section  20^  township  7  north, 


Act  1457h,  §  1  GEXERAL  LAWS.  1232 

range  23  west,  and  the  west  half  of  the  west  half  of  section  29,  township 
7  north,  range  23  west,  on  the  east  side  of  Boulder  canyon;  thence  south 
on  the  west  side  of  Boulder  canyon  through  the  east  half  of  the  southeast 
quarter  of  section  30,  and  the  west  half  of  section  32,  township  7  north, 
range  23  west;  thence  southwest  passing  the  great  saddle  rock,  to  a 
point  on  the  summit  of  Pine  mountain  at  the  quarter  corner  between  sec- 
tions 5  and  6,  township  6  north,  range  23  west;  thence  south  along  the 
west  side  of  Chorro  Chiquito  canyon  through  sections  6,  7,  8  and  18,  town- 
ship 6  north,  range  23  west,  to  the  valley  of  the  Sespe  river;  thence  cross- 
ing the  Sespe  river  and  south  up  the  east  side  of  Cherry  creek  canyon 
through  sections  19,  30  and  31,  township  6  north,  range  23  west,  to  the 
summit  of  Ortega  hill  in  section  31,  township  6  north,  range  23  west; 
thence  from  the  top  of  Ortega  hill  and  following  along  the  Wheeler  ridge, 
passing  through  the  southwest  corner  of  section  32,  township  6  north, 
range  23  west,  through  the  northeast  corner  of  section  1,  township  5 
north,  range  24  west,  through  the  center  of  section  6,  township  5  north, 
range  23  west,  to  the  southeast  corner  of  section  5,  township  6  north, 
range  23,  west;  thence  south  through  sections  8  and  9,  township  6  north, 
range  23  west,  to  a  point  near  the  one-quarter  corner  on  tlie  south  side 
of  section  8,  township  5  north,  range  23  west;  thence  south  to  the  center 
of  section  18,  thence  southeast  through  sections  18,  19.  20  and  29,  town- 
ship 5  north,  range  23  west,  to  a  point  in  the  Matilija  road  near  the 
Matilija  hot  springs,  in  said  section  29,  a  distance  of  approximately  forty- 
five  miles  of  the  new  road  to  be  constructed  under  the  Barton  survey, 
said  road  in  Ventura  county  lying  entirely  within  the  Santa  Barbara 
forest  reserve.  Thence  southeasterly  with  the  Matilija  and  Meiners 
roads,  said  roads  being  county  roads,  to  the  town  of  Nordhoff.  a  distance 
of  five  miles;  thence  southerly  with  the  San  Antonio  creek  road,  the 
Nordhoff  road  and  the  Ventura  avenue  to  the  northerly  limits  of  the 
city  of  Saji  Buena  Ventura,  a  distance  of  seventeen  miles;  being  a  total 
distance  in  the  county  of  Ventura  of  sixty-seven  miles,  of  which  approxi- 
mately forty-five  miles  is  new  road,  and  of  the  balance  five  miles  are 
to  be  rebuilt  upon  the  proposed  abandonment  of  that  distance  along  the 
Matilija  and  Nordhoff  roads. 

The  entire  length  from  Ventura  to  Bakersfield  being  one  hundred 
twenty-nine  and  twenty-five  one-hundrcdths  miles,  or  thereabouts,  is 
hereby  declared  vto  be,  and  the  same  is  hereby  constituted,  a  state  high- 
way, and  shall  be  designated  and  known  as  the  Bakersfield,  Maricopa 
and  Ventura  state  highway,  and  the  same  is  hereby  placed  under  the 
supervision  and  control  of  the  state  board  of  engineering;  provided,  that 
said  highway  shall  not  be  and  become  a  state  highway,  and  be  and  be- 
come subject  to  the  supervision  and  control  of  the  state  board  of  en- 
gineering until  said  highway  shall  have  been  fully  completed. 


1233    ,  HIGHWAYS.  Acts  14571, 1458a 

ACT  1457i. 

An  act  making  an  appropriation  for  the  lopation  and  survey  of  a  pro- 
posed highway  to  connect  the  counties  of  Trinity,  Tehama' and  Shasta 
with  the  road  sj^stem  of  Humboldt  county. 

[Approved  June  16,  1913.     Stats.  1913,  p.  1134.] 

Appropriation.     Highway.     Peanut,  Trinity  county,  to  Beegum  creek. 

§  1.  There  is  hereby  appropriated  out  of  any  money  in  the  state 
treasury  not  otherwise  appropriated  the  sum  of  three  thousand  dollars 
($3,000)  for  the  location  and  survey  of  a  proposed  highway  to  connect 
the  counties  of  Trinity,  Tehama  and  Shasta  with  the  road  system  of 
Humboldt  county. 

Work  under  department  of  engineering. 

§  2.  The  work  of  locating  and  surveying  said  proposed  highway  shall 
be  under  the  management  and  control  of  the  state  department  of  en- 
gineering and  it  shall  be  the  duty  of  said  state  department  of  engineer- 
ing to  start  said  survey  from  a  point  at  or  near  Peanut  in  Trinity  county, 
to  which  said  point  a  certain  highway  is  now  completed,  and  continue 
said  surveji'  upon  the  best  grounds  and  grade,  consistent  with  the  country 
to  be  traversed,  to  a  point  on  the  county  line  between  the  counties  of 
Tehama  and  Shasta  in  township  29  north,  range  9  west,  M.  D.  M.,  at 
Beegum  creek.  Upon  the  completion  of  said  survey  the  state  depart- 
ment of  engineering  shall  make  a  complete  report  in  relation  thereto. 

§  3.  The  state  controller  is  directed  and  instructed  to  draw  his  war- 
rants in  such  amounts  and  at  such  times  as  the  department  of  engineering 
may  present  claims  therefor,  and  the  state  treasurer  is  directed  to  pay 
the  same. 

ACT  1458a. 

An  act  to  permit  counties  ^o  acquire  rights  of  way  for  state  highways 
and  to  pay  part  of  the  expense  of  constructing  state  highways  and 
bridges  within  their  limits  and  authorizing  the  state  to  accept  the 
same. 

[Approved  June  3,  1913.     Stats   1913,  p.  445.] 

Acquisition  of  rights  of  way  and  rock  quarries  for  state  highways  au- 
thorized. 
§  1.     Whenever  it  is  determined  by  a  four-fifths  vote  of  the  board  of 
supervisors  of  any  county  that  the  interests  of  the  county  would  be  pro- 
moted thereby,  the  board  of  supervisors,  upon  the  recommendation  of  the 
advisory  board   of  the  department   of  engineering  of  the   state  of  Cali- 
fornia, may,  by  resolution  passed  by  a  four-fifths  vote   of   said   county 
board,  determine  to  acquire  by  purchase,  donation  or  dedication,  or  lease 
any  right  of  way,  rock  quarry  or  land  needed  for  state  highway  purposes 
78 


A.Ct  1465  GENERAL  LAWS.  1234 

and  described  in  such  recommendation,  and  shall  proceed,  if  necessary, 
to  condemn  under  the  provisions  of  the  Code  of  Civil  Procedure  relating 
to  such  proceedings  any  right  of  way,  rock  quarry  or  land  recommended 
to  be  acquired  as  aforesaid.  The  title  to  such  property  may  be  taken 
in  the  name  of  the  state  or  the  county.  The  order  of  the  board  of  super- 
visors shall  be  the  only  preliminary  procedure  required  prior  to  the  acqui- 
sition of  such  property  or  the  commencement  of  such  condemnation  action 
or  actions. 

Counties  may  contribute  bridges,  etc. 

§  2.  Whenever  it  is  determined  by  a  four-fifths  vote  of  the  board  of 
supervisors  of  any  county  that  the  interests  of  the  county  would  be  pro- 
moted thereby,  the  board  of  supervisors  may,  upon  the  written  request 
of  the  advisory  board  of  the  department  of  engineering  of  the  state  of 
California,  by  resolution  passed  by  a  four-fifths  vote  of  said  county  board, 
determine  to  contribute  bridges,  fencing,  money,  labor,  materials  and 
other  appurtenances  toward  the  expenses  of  constructing  state  highways 
within  their  limits. 

Cost  charged  to  general  fund. 

§  3.  The  cost  of  such  acquisition  of  property  mentioned  in  section 
1  of  this  act  and  the  contributing  of  bridges,  fencing,  money,  labor, 
materials,  or  other  appurtenances  mentioned  in  section  2  of  this  act 
may  be  charged  to  the  general  county  fund,  the  general  road  fund  or 
the  district  fund  of  the  district  or  districts  benefited. 

State  authorized  to  receive. 

§  4.  The  state  is  hereby  authorized  to  receive  and  use  the  benefits 
provided  under  this  act,  and  any  money  contributed  by  a  county  shall 
be  paid  into  the  state  fund  designated  by  the  board  of  supervisors  in 
the  resolution  determining  such  donation. 

ACT  1465. 

An  act  to  provide  for  work  upon  public  roads,  streets,  avenues,  boule- 
vards, lanes  and  alleys  not  within  the  territory  of  incorporated  cities 
or  towns;  for  the  incidental  establishment  of  grades  thereof;  for 
the  construction  therein  or  thereon  of  sidewalks,  sewers,  manholes, 
bridges,  cesspools,  gutters,  tunnels,  curbing  and  crosswalks;  for  the 
issue  of  bonds  representing  the  costs  and  expenses  thereof;  for  a 
special  fund  derived  in  part  from  the  county  road  fund  and  in  part 
by  special  assessment  upon  a  district,  and  for  the  establishment  of 
such  districts. 

[Approved  March  21,  1907.     Stats.  1907,  p.  806.] 
Amended  1911,  Statutes  of  1911,  page  506,  as  follows: 


1235  '  HIGHWAYS.  Act  1466 

Engineer  of  work.     Superintendent  of  work.     Specifications.     Not  charge 
against  county.     Supervisors  not  eligible. 
§  14.     The   board   of  supervisors  is   hereby  vested  with  power  as  fol- 
lows, to  wit: 

1.  To  appoint  at  any  stage  of  the  proceeding  before  calling  for  pro- 
posals or  bids  any  competent  engineer,  to  be  designated  "engineer  of 
work"  for  the  purpose  of  doing  and  furnishing  all  the  civil  engineering 
work  or  services,  surveying,  and  similar  work  and  services  necessary  to 
the  proper  doing  of  the  work.  His  compensation  or  at  least  the  rate  or 
some  basis  for  computing  the  same  shall  be  fixed  and  stated  in  the  order 
of  his  appointment,  which  said  order  shall  be  entered  in  the  minutes  of 
the  board. 

2.  To  appoint,  in  and  as  a  part  of  the  resolution  of  intention,  any 
competent  person  to  be  designated  "superintendent  of  work,"  whose  duty 
it  shall  be  to  perform  the  services  for  him  in  this  act  prescribed  or 
indicated,  and  for  the  general  actual  supervision  of  the  work.  His  com- 
pensation shall  be  fixed  at  the  time  and  in  the  resolution  of  his  appoint- 
ment at  a  per  diem  not  to  exceed  five  dollars  for  all  time  actually  devoted 
to  the  work. 

3.  To  designate  any  competent  person  for  the  purpose  of  preparing  and 
furnishing  the  specifications  required  by  section  2  of  this  act,  and  with 
such  designation  to  fix  his  compensation,  or  some  basis  for  computing 
the  same. 

4.  To  appoint  and  designate  other  competent  persons  in  the  places 
respectively  of  the  persons  so  originallj'^  appointed,  with  compensation, 
so  far  as  practicable,  proportionately  the  same  as  fixed  for  the  original 
appointee. 

No  part  of  such  or  any  compensation  for  said  officers  or  employees, 
or  for  services  rendered  by  any  of  them  shall  be  a  charge  against  the 
county  or  any  officer  thereof,  except  that  for  furnishing  specifications 
and  posting  the  resolution  of  intention  the  county  shall  be  liable  in  case 
the  proceedings  cease  or  are  abandoned,  before  the  award  of  the  contract. 

No  member  of  the  board  of  supervisors  shall  be  eligible  to  appoint- 
ment to  any  office,  position  or  employment  under  this  act.  [Became  a 
law,  under  constitutional  provision,  without  governor's  approval,  March 
27,  1911;  Stats.  1911,  p.  507.] 

ACT  1466. 

An  act  to  allow  unincorporated  towns  and  villages  to  establish,  equip 
and  maintain  systems  of  street  lights  on  public  highways;  to  pro- 
vide for  the  formation,  government  and  operation  of  highway  light- 
ing districts;  the  calling  and  holding  of  elections  in  such  districts; 
the  assessment,  collection,  custody  and  disbursement  of  taxes  therein; 
and  the  creation  of  ex-officio  boards  of  supervisors. 

[Approved  March  20,  1909.     Stats.  1909,  p.  551.] 
Amended   1911,    Stats.    1911,    p.    439;    1913,   p.    447. 

The  amendments   of   1911   and   1913   are  as  follows: 


Act  1466,  §  11  GENERAL   LAWS.  •  1236 

Supervisors  to  act  for  lighting  districts. 

§  11.  The  board  of  supervisors  of  the  county  wherein  lighting  districts 
have  been  established  under  the  provisions  of  this  act,  shall  be  and  they 
are  hereby  designated  as  and  empowered  to  act  as  ex  oflScio  the  board  of 
supervisors  of  each  and  all  of  such  lighting  districts  which  may  hereafter 
be  established  within  such  county  under  the  provisions  of  this  act;  serv- 
ing without  compensation;  and  said  boards  of  supervisors  shall  be  author- 
ized and  they  are  hereby  empowered,  and  it  shall  be  their  duty: 

Powers  and  duties. 

First — To  make  all  rules,  regulations  and  laws  necessary  for  the  admin- 
istration, operation  and  maintenance  of  the  lighting  districts  situated 
within   their  county. 

Second — To  supervise,  and  plan  a  system  of  street  illumination  for  any 
and  all  lighting  districts  within  their  county,  and  to  determine  and  decide 
upon  the  kind  and  manner  of  illuminant  most  feasible  for  the  district; 
but  nothing  herein  shall  prevent  the  board  of  supervisors  from  installing 
and  maintaining  electric  lights  on  highwaj-s  in  such  districts,  and  to  pay 
for  the  same  out  of  the  general  road  fund  of  the  county  or  district  road 
fund. 

Third — To  indicate  the  placing  and  installation  of  the  lights  and  any 
and  all  subsequent  additional  lights. 

Fourth — To  receive  bids,  award  and  make  contracts  with  lighting  com- 
panies to  the  very  best  advantage  of  the  district,  for  the  installation  and 
maintenance  of  poles,  wires,  lights  and  other  accessories;  and  for  the 
supplying  of  electric  current,  gas,  or  such  other  illuminant  as  may  be 
determined  upon;  and  for  any  and  all  other  things -that  may  be  necessary 
to  carry  out  the  full  meaning  and  provisions  of  this  act. 

Fifth — To  determine  the  number  of  employees,  if  any,  necessary  to 
properly  care  for  and  maintain  the  lights;  to  prescribe  their  duties  and 
fix  their  compensation,  which  said  employees  shall  hold  their  positions 
at  the  pleasure  of  the  board. 

Sixth — Upon  the  application,  by  petition,  of  twenty-five  or  more  tax- 
payers and  residents  of  such  lighting  district,  asking  for  the  installation 
and  maintenance  of  additional  lights,  which  said  petition  must  be  filed 
on  or  before  the  first  day  of  September  in  any  year;  to  immediately  esti- 
mate the  cost  of  installing  and  maintaining'such  additional  lights,  and 
to  include  in  the  tax  levy  for  the  ensuing  fiscal  year  a  tax  upon  the  tax- 
able property  within  such  lighting  district,  at  the  equalized  value  thereof 
for  that  year,  sufficient  to  pay  the  cost  of  installing  and  maintaining  such 
additional  lights;  after  which  to  proceed  with  the  installation  of  such 
additional  lights. 

Seventh — To  designate  the  hours  for  lighting  such  districts. 

Eighth — To  perform  any  and  all  other  acts  and  things  necessary  or 
proper  to  carry  out  the  provisions  of  this  act. 

Ninth — To,  within  ten  days  after  the  establishment  of  such  district, 
proceed  with  carrying  out  the  provisions  of  this  act  by  advertising  for 


1237  HIGHWAYS.  Act  1466,  §§  15, 18 

bids  for  installing,  caring  for  and  maintaining  the  lights  determined 
upon;  and  for  supplying  the  district  with  all  the  gas,  electricity  or  such 
other  illuniinant  as  has  been  determined  upon,  necessary  for  operating 
and  maintaining  any  and  all  of  the  lights  which  have  been  already  in- 
stalled or  which  are  to  be  installed  within  such  district.  The  contract 
to  be  awarded  to  the  lowest  responsible  bidder;  provided,  however,  that 
the  rates  to  be  paid  therefor  must  not  exceed  in  any  event  the  rates  paid 
at  that  time  by  said  county  for  highway  lighting  in  other  portions  of 
said  county.  The  rates  to  be  paid  must  not  be  fixed  for  a  term  exceeding 
five  years,  and  the  board  of  supervisors  must  reserve  the  right  to  abro- 
gate such  contract  whenever  gas  or  electric  current  is  offered  to  be  sup- 
plied at  two-thirds  of  such  fixed  contract  price.  [Amendment  approved 
June  4,  1913;  Stats.  1913,  p.  447.] 

Lighting  district  tax  levy. 

§  15.  When  such  estimate  shall  have  been  made,  the  board  of  super- 
visors of  any  county  wherein  a  lighting  district  has  been  established, 
must,  at  the  time  of  levying  county  taxes,  levy  a  special  tax  upon  all 
of  the  taxable  property  within  the  limits  of  such  lighting  district  at 
the  equalized  value  thereof,  sufficient  in  amount  to  maintain  the  said 
lighting  system,  and  to  install  any"  additional  lights,  or  for  any  or  all 
of  the  purposes  of  this  act.  When  a  lighting  district  is  organized  sub- 
sequent to  the  time  of  levying  county  taxes  in  any  year,  the  board  of 
supervisors  may  authorize  the  immediate  installation  of  said  lighting 
system  in  such  district,  and  shall  include  in  the  levy  of  taxes  for  said 
lighting  district  for  the  ensuing  fiscal  year,  a  sum  sufficient  to  pay  the 
cost  of  the  installation  and  maintenance  of  said  lighting  sj'stem  in  said 
district  for  that  portion  of  the  preceding  fiscal  year  for  which  no  levy 
of  taxes  was  made  in  such  year,  for  said  purpose.  [Amendment  approved 
March  23,  1911;  Stats.  1911,  p.  439.] 

Dissolution.  Petition.  Election.  Disposition  of  property.  Outstanding 
indebtedness. 
§  18.  The  district  may  at  any  time  be  dissolved  upon  the  vote  of  two- 
thirds  of  the  qualified  electors  thereof,  at  an  election  called  by  the  board 
of  supervisors,  upon  the  question  of  dissolution.  Upon  a  petition  signed 
by  fifty  or  more  property  owners  and  residents  of  such  lighting  district, 
asking  for  the  dissolution  of  said  district,  the  board  of  supervisors  shall 
within  thirty  days  after  receiving  said  petition,  by  resolution,  order  that 
an  election  be  held  in  the  said  district,  for  the  determination  of  the 
question,  and  appoint  three  qualified  electors  thereof  to  conduct  said 
election.  Such  election  shall  be  called  and  conducted  in  the  same  manner 
as  other  elections  of  the  district.  Upon  such  dissolution,  any  property 
which  may  have  been  acquired  by  such  lighting  district  shall  vest  in 
any  incorporated  town  or  city  where  said  lighting  district  shall  be  wholly 
within,  or  be  identical  with  the  corporate  limits  of  such  incorporated 
town  or  city;  and  the  property  in  the  territory  of  said  district  outside 


Act  1468,  §  1  GENERAL   LAWS.  1238 

of  the  limits  of  such  incorporated  town  or  city  shall  vest  in  the  county 
board  of  supervisors;  and  if  there  be  no  such  incorporated  town  or  city, 
then  such  property  shall  vest  in  the  board  of  supervisors  of  the  county 
wherein  such  lighting  district  is  situated  until  the  formation  of  such  in- 
corporated town  or  city;  provided,  however,  that  if  at  the  time  of  the 
election  to  dissolve  such  district  there  be  any  outstanding  indebtedness 
of  such  district,  then,  in  such  event,  the  vote  to  dissolve  such  district 
shall  dissolve  the  same  for  all  purposes  excepting  only  the  levy  and  col- 
lection of  taxes  for  the  payment  of  such  outstanding  indebtedness  of 
such  district;  and  from  the  time  such  district  is  thus  dissolved  until  such 
indebtedness  is  fully  paid,  satisfied  and  discharged,  the  legislative  au- 
thority of  such  incorporated  town  or  city,  or  the  board  of  supervisors,  if 
there  be  no  such  incorporated  town  or  city,  is  hereby  constituted  ex  officio 
the  board  of  supervisors  of  such  district.  And  it  is  hereby  made  obliga- 
tory upon  such  board  to  levy  such  taxes  and  perform  such  other  acts  as 
may  be  necessary  in  order  to  raise  money  for  the  payment  of  such  indebt- 
edness, as  herein  provided.  [Amendment  approved  June  4,  1913;  Stats. 
1913,  p.  448.] 

ACT  1468. 

An  act  to  provide  for  the  protection  and  preservation  of  shade  and 
ornamental  trees  growing  and  to  be  grown  upon  the  roads,  high- 
ways, grounds  and  property  within  the  state  of  California;  and 
for  the  planting,  care,  protection  and  preservation  of  shade  and 
ornamental  trees,  hedges,  lawns,  shrubs  and  flowers  growing  and 
to  be  grown  in  and  upon  such  roads,  highways,  grounds  and  prop- 
erty; and  to  create  county  boards  of  forestry  for  such  purposes; 
and  to  prescribe  the  duties  and  powers  of  such  boards;  and  to 
authorize  such  boards  to  appoint  county  foresters;  and  to  prescribe 
the  duties  and  fix  the  compensation  of  county  foresters;  and  to 
empower  such  boards  to  enforce  all  laws  and  adopt  and  enforce 
any  and  all  lawful  and  reasonable  rules  for  the  protection,  plant- 
ing, regulation,  preservation,  care  and  control  of  such  shade  and 
ornamental   trees,  hedges,  lawns,  shrubs  and   flowers. 

[Approved   April  28,   190^.     Stats.   1909,  p.   1129.] 
Amended  1913,  page  52,  to  read  as  follows: 

County  boards  of  forestry. 

§  1.  The  board  of  supervisors  in  each  and  every  county  or  city  and 
county  of  the  state  of  California  may,  in  its  discretion,  appoint  a 
county  board  of  forestry,  consisting  of  five  persons,  one  from  each 
supervisorial  district,  who  shall  serve  without  compensation,  and  who 
shall  have  exclusive  charge  and  control  of  all  shade  and  ornamental 
trees,  hedges,  lawns,  shrubs  and  flowers  growing  or  to  be  grown  upon 
the  public  roads,  highways,  grounds  and  property  within  its  respective 
county.     [Amendment    approved   April   22,    1913;"  Stats.    1913,    p.   52.] 


1239  HIGHWAYS.  Act  1468,  §§  2-7 

Appointment  of  members.     Pay  of  county  forester. 

§  2.  Whenever  tlie  board  of  supervisors  of  any  county  or  city  and 
county  in  this  state  shall,  by  resolution  or  ordinance,  elect  to  avail 
itself  of  the  provisions  of  this  act,  such  board  shall,  within  two  months 
thereafter,  appoint  five  suitable  and  competent  persons,  one  from  each 
supervisorial  district  of  such  county  or  city  and  county,  as  a  county 
board  of  forestry  in  and  for  such  county,  who  shall  serve  as  such  with- 
out compensation;  and  may  also  fix  the  compensation  of  a  county 
forester,  to  be  appointed  as  hereinafter  provided  at  a  sum  not  to  exceed 
one  hundred  and  fifty  dollars  per  month.  [Amendment  approved  April 
22,  1913;  Stats.  1913,  p.  53.] 

Term  of  office. 

§  3.  The  term  of  office  of  such  county  board  of  forestry  shall  be 
four  years,  provided,  however,  that  the  persons  first  appointed  shall 
so  classify  themselves  by  lot  that  two  of  their  number  shall  retire  from 
office  at  the  end  of  two  years,  two  at  the  end  of  three  years  and  one 
at  the  end  of  four  years.  If  any  vacancy  occurs  in  the  office,  such 
vacancy  shall  be  filled,  for  the  unexpired  term,  by  the  board  of  super- 
visors.    [Amendment  approved  April  22,  1913;  Stats.  1913,  p.  53.] 

Organization  of  board. 

§  4.  Within  ten  days  after  notice  of  their  appointment,  the  members 
of  said  county  board  of  forestry  shall  organize  by  the  election  of  one 
of  their  members  as  chairman  and  adopt  suitable  rules  for  their  govern- 
ment.    [Amendment  approved  April  22,  1913;   Stats.  1913,  p.  53.] 

Appointment  of  forester. 

§  5.  When  organized,  said  county  board  of  forestry  may  employ  a 
suitable  and  competent  person  as  county  forester  to  serve  as  such  dur- 
ing the  pleasure  of  the  board  and  to  prescribe  the  duties  of  such 
employee.     [Amendment  approved  April  22,  1913;  Stats.  1913,  p.  53.] 

Bond  and  duties. 

§  6.  Such  forester,  when  appointed  shall  execute  a  bond  to  said 
board,  in  the  sum  of  one  thousand  dollars,  for  the  faithful  performance 
of  his  duties.  He  shall  be  the  secretary  of  said  board  and  shall  perform 
such  other  duties  as  said  board  shall  prescribe.  Said  forester  shall 
have  power  and  it  shall  be  his  duty  to  enforce  the  provisions  of  this 
act  and  all  lawful  orders  of  said  board.  [Amendment  approved  April 
22,   1913;   Stats.  1913,  p.  53.] 

Powers  of  board. 

§  7.  Every  county  board  of  forestry  appointed  under  the  provisions 
of  this  act  shall,  within  its  respective  county,  have  power  over  and 
jurisdiction  to  decide  upon  the  variety,  kind  and  character  of  trees, 
hedges,  shrubs,  lawns  and  flowers  that  shall  be  planted  upon  said 
roads,  highways,  grounds  and  property;   and  to  determine  all   questions 


Act  1468,  §§  8-11  GENERAL,  LAWS.  1240 

respecting  the  pruning,  cutting  and  removal  of  any  trees  or  hedges 
now  growing  and  to  grow  thereon  and  the  necessity  therefor  and  the 
extent  of  and  the  manner  in  which  said  work  shall  be  done;  and, 
under  the  authority  of  the  board  of  supervisors  of  its  respective  county, 
to  plant  and  properly  care  for  such  trees,  hedges,  shrubs,  lawns  and 
flowers;  and  to  enforce,  carry  out  and  effectuate  the  provisions  of  this 
act;  provided,  however,  that  said  board,  in  the  exercise  of  itg  powers 
and  the  performance  of  its  duties  hereunder,  shall  not  interfere  with 
the  jurisdiction  of  the  board  of  supervisors  over  the  roads,  highways, 
grounds  and  property  in  the  improvement,  care  and  general  control 
thereof.     [Amendment   approved   April   22,    1913;   Stats.   1913,   p.   53.] 

Trimming  trees,  etc.     Fruit  trees  excepted. 

§  8.  It  shall  be  unlawful  for  any  person  or  corporation  (except  said 
board  of  forestry  or  its  employees)  in  any  county  or  city  and  county 
where  a  county  board  of  forestry  has  been  created  and  appointed  under 
the  provisions  of  this  act,  to  trim,  prune,  cut,  deface,  destroy  or  remove 
any  shade  or  ornamental  tree  or  hedge  growing  or  to  grow  upon  any 
such  road,  highway,  ground  or  property  or  to  paint,  place,  attach  to 
or  put  upon  any  such  trees,  hedges,  shrubs,  lawns  or  flowers,  any  sign, 
notice,  advertisement  or  advertising  device  without  the  consent  in 
writing  of  said  board  first  obtained,  or  to  plant  any  tree  or  hedge,  on 
any  such  road,  highway,  ground  or  proportv  without  such  written  con- 
sent; provided,  however,  that  nothing  in  this  act  shall  give  such  county 
board  of  forestry  any  jurisdiction  over  any  fruit  or  nut  trees  now 
growing  along  said  roads,  highways,  grounds  or  property,  except  that 
such  trees  may  not  be  removed  without  the  consent  of  the  said  board 
of  forestry.     [Amendment  approved  April  22,  1913;   Stats.   1913,  p.  54.] 

Penalty. 

§  9.     Every  person  who  sliall  violate  any  of  the  provisions  of  section 
■  8  of  this  act,  shall  be  guilty  of  a  misdemeanor. 

Disposition  of  penalties. 

§  10.  All  moneys  received  as  penalties  for  the  violation  of  the 
provisions  of  this  act,  shall  be  paid  into  the  county  treasury  to  the 
credit  of  the  county  board  of  forestry  fund;  which  fund  is  hereby 
created,  and  the  moneys  thereof  hereby  appropriated  for  the  expenses 
of  said  board  in  the  carrying  out  of  the  provisions  of  this  act  and  the 
policy  and  purposes  herein  provided.  [Amendment  approved  April  22, 
1913;  Stats.  1913,  p.  54.] 

Appropriation  by  supervisors. 

§  11.  County  boards  of  supervisors,  whenever  the  provisions  of  this 
act  are  availed  of,  shall  appropriate  money  for  the  use  of  said  county 
board  of  forestry  sufiicient  to  pay  the  compensation  of  said  county 
forester  and  for  the  necessary  expenses  of  said  county  board  of  forestry. 
[AmPTiflment  approved  April'22,  1913;  Stats.  1913,  p.  54.] 


1241  HIGHWAYS.  Acts  1468a,  1468b 

§  12.  All  acts  or  parts  of  acts  inconsistent  with  the  provisions  of 
this   act  are  hereby  repealed. 

ACT  1468a. 

An  act  to  provide  for  maintenance  of  county  highways  improved  under 

bond  issues  in  the  counties  of  the  state  and  empowering  the  boards 

of  supervisors  to  levy  taxes  therefor. 

[Approved  May  1,  1911.     Stats.   1911,  p.  1391.] 
Amended   1913,   p.    1147. 

Maintenance  of  highways. 

§  1.  Whenever  any  county  highway  is  improved  under  a  county  bond 
issue,  which  bond  issue  covers  all  property  of  the  county,  and  is  ac- 
cepted by  the  board  of  supervisors,  it  becomes  their  duty  to  provide 
for  a  continuous  system  of  maintenance  from  the  fund  hereinafter 
created. 

County  highway  maintenance  fund. 

§  2.  The  board  of  supervisors  must  annually,  for  each  fiscal  year, 
levy  tax  not  to  exceed  seven  cents  on  each  one  hundred  dollars  of 
value  of  taxable  property  of  the  county  for  each  one  hundred  miles 
of  improved  county  highways  under  a  bond  issue  therefor.  This  tax 
shall  be  collectible  by  the  several  officers  charged  with  the  collection 
of  other  county  taxes  in  the  same  manner,  and  at  the  same  time  as 
other  county  taxes  are  collectible  on  all  property;  and  the  collection 
must  be  paid  into  the  county  treasury,  and  by  the  county  treasurer, 
converted  into  a  separate  fund  hereby  created  and  known  as  the  county 
highway  maintenance  fund.  The  money  derived  from  such  tax  must 
be  applied  solely  to  the  maintenance  of  county  highways  improved  under 
a  bond  issue  to  cover  the  whole  county.  [Amendment  approved  June 
16,  1913;   Stats.   1913,  p.  1147.] 

Expenditure  of  fund. 

§  3.  The  board  of  supervisors  must  expend  money  from  the  "county 
highway  maintenance  fund"  for  the  maintenance  of  highways  described 
in  section  1  of  this  act,  on  a  continuous  basis  of  repair,  and  the  high- 
ways shall  be  improved  uninterruptedly  after  their  acceptance. 

ACT  1468b. 

An  act  to  authorize  and  require  the  payment  by  the  counties  of  interest 

on  state  highway  bonds. 

[Approved  March  10,  1911.     Stats.  1911,  p.  339.] 

Interest  on  state  highway  bonds. 

§  1.  For  the  purpose  of  carrying  into  effect  the  provisions  relative 
to  the  payment  of  bond  interest  which  are  contained  in  "An  act  author- 
izing the  construction,  acquisition,  maintenance  and  control  of  a  system 


Actl468e  general  laws.  1242 

of  state  highways  in  the  state  of  California;  specifying  the  work,  fix- 
ing the  payments  to  be  made  by  counties  for  moneys  expended  therein; 
providing  for  the  issuance  and  sale  of  state  bonds  to  create  a  fund  for 
the  construction  and  acquisition  of  such  system;  creating  a  sinking  fund 
for  the  payment  of  said  bonds;  and  providing  for  the  submission  of  this 
act  to  a  vote  of  the  people,"  approved  March  22,  1909,  it  is  hereby 
made  the  duty  of  the  state  controller  to  keep  an  accurate  account  show- 
ing the  amount  of  said  bond  money  expended  in  each  county.  In  con- 
nection with  such  account  he  shall  annually,  at  the  beginning  of  the 
fiscal  year,  charge  up  to  each  and  every  county  such  sum  as  shall  equal 
the  interest  at  four  per  cent  per  annum  on  the  total  amount  of  state 
highway  bond  money  which  has  been  expended  in  each  such  county. 

Tax  levy  in  each  county. 

§  2.  The  controller  shall  notify  the  county  auditor  and  the  clerk 
of  the  board  of  supervisors  of  each  county  of  the  amount  of  such  inter- 
est charge,  in  order  that  there  may  be  included  in  the  county  tax  levy 
such  rate  as  will  raise  the  sum  needed  to  meet  such  interest  charge.  It 
is  hereby  made  the  duty  of  the  board  of  supervisors  when  making  the 
annual  levy  of  county  taxes  to  include  therein  the  necessary  provision 
for  payment  of  interest  on  state  highway  bonds,  as  in  this  act  pro- 
vided, but  no  failure  of  any  board  of  supervisors  to  make  the  tax  levy 
herein  provided  for  shall  be  held  to  exempt  such  county  from  the  col- 
lection by  the  state,  in  the  manner  provided  for  in  the  next  section  of 
this  act,  of  the  amount  of  interest  due  from  such   county. 

Semi-annual  settlement. 

§  3.  In  the  regular  semiannual  settlements  between  the  state  and 
the  counties,  the  controller  shall  charge  to,  and  collect  from,  each  county 
one-half  of  the  amount  of  interest 'with  which  such  county  has  been 
charged  for  that  fiscal  year;  provided,  that  as  soon  as  any  of  the  state 
highway  bonds  shall  have  matured  and  been  paid,  the  controller  shall 
credit  each  county  with  its  proportionate  part  of  the  diminution  of  the 
total  interest  charge  thereby  occasioned. 

Engineering  department  to  furnish  data. 

§  4.  Tlio  controller  is  authorized  to  require  from  the  state  engineer- 
ing department,  and  it  is  hereby  made  the  duty  of  said  department  to 
furnish  all  necessary  data  to  show  the  amount  of  state  highway  bond 
money   expended   in   each   county. 

ACT  1468c. 

An   act   providing   for   the   construction    and    maintenance   by   the    state 

of    state    aid    highways    in    counties    and    towns. 

[Approved  June  5,  1913.     Stats.  1913,  p.  461.] 


1243  HIGHWAYS.  Act  1468c,  §§  1^ 

Supervisors  may  petition  that  highway  be  improved  by  department  of 
engineering. 
§  1.  The  board  of  supervisors  of  any  county  may  on  a  not  less 
tlian  four-fifths  vote  of  such  board  or  governing  body,  petition  the 
state  department  of  engineering,  hereinafter  in  this  act  called  depart- 
ment, upon  forms  prepared  by  said  department,  or  under  its  direction 
to  have  any  main  public  highway  in  the  said  county,  or  town  improved 
and  maintained  under  the  provisions  of  this  act.  Such  petition  shall 
contain  a  detailed  description  of  the  highway  petitioned  to  be  improved, 
a  statement  as  to  whether  or  not  the  rights  of  way  for  the  said  highway 
have  been  secured  by  the  public;  a  statement  of  the  kind  of  construc- 
tion work  with  which  it  is  sought  to  have  the  highway  improved,  and 
such  other  information  and  data  as  the  department  may  prescribe. 

Consideration  of  petition.     Surveys,  estimates,  etc.     State  highway. 

§  2.  Upon  receipt  of  such  a  petition  the  department  shall  give  care- 
ful consideration  to  the  matters  contained  therein,  and  may  authorize 
the  body  filing  the  petition  to  file  an  amended  or  modified  petition  con- 
forming to  such  regulations  and  conditions  as  in  the  discretion  of  the 
department  may  be  deemed  just  and  proper. 

If  said  department  determine  that  public  necessity  and  convenience 
require  that  such  highway  should  be  laid  out  and  be  taken  charge  of 
by  the  state,  it  shall  cause  the  engineer  or  surveyor  of  the  county  in 
which  the  road  to  be  improved  is  located  to  make  adequate  surveys, 
plans,  specifications  and  estimates  thereof  subject  to  the  approval  and 
acceptance  of  the  department.  Upon  approval  by  the  department,  a 
copy  of  the  petition,  resolution  or  undertaking,  plans,  specifications  and 
estimate  shall  be  filed  with  the  department  and  also  in  the  office  of  the 
recorder  of  the  county  in  which  the  highway  is  situated  and  thereafter 
it  shall  be  a  state  highway,  and  shall  be  constructed  and  kept  in  good 
repair  as  the  department  shall  direct,  under  the  supervision  of  the 
engineer  or  surveyor  of  the  said  county,  the  expense  for  construction 
and  repair  of  same  to  be  proportioned  and  paid  as  hereafter  provided. 
Such  highways  shall  be  known  as  state  aid  highways. 

Bridges  and  culverts  constructed  by  county. 

§  3.  The  department  shall  not  grant  the  prayer  of  any  petition  for 
the  improvement  of  a  highway  under  the  provisions  of  this  act  unless  all 
necessary  bridges  and  culverts  shall  have  first  been  constructed  by  the 
county,  or  town  in  which  the  highway  is  situated,  in  a  manner  satis- 
factory to  the  department,  nor  unless  all  necessary  rights  of  way  have 
been  secured  by  the  public.  All  expenditures  under  the  provisions  of 
this   act  shall   be   distributed   equitably   throughout   the   state. 

Advertising  and  letting  contract.     Bids  may  be  rejected. 

§  4.  When  the  department  is  prepared  for  construction  it  shall  so 
notify  the  governing  body  of  the  town  or  county  in  which  the  highway 
is  located  and  furnish  them  a  verified  copy  of  the  approval  plans  and 


Act  1468c,  §  5  GENERAL   LAWS.  1244 

specifications  and  the  said  governing  body  shall  proceed  to  advertise 
for  bids  and  let  the  contract  for  construction  in  the  manner  provided 
for  by  the  statutes  for  advertising  and  letting  contracts  for  work  on 
public   highways  by  counties. 

Should  the  bids  for  constructing  the  highways  exceed  the  figure 
mutually  agreed  upon  between  the  department  and  the  county  engineer 
as  a  reasonable  compensation  for  the  work  the  bids  shall  be  rejected 
and  the  work  be  done  as  the  department  shall  direct.  In  either  case 
the  county  surveyor  shall  represent  the  department  in  the  supervision 
of  the  construction.  Whenever  the  department  deems  it  necessary, 
it  may  appoint  an  inspector. 

Payments.     Two-thirds    paid    by    county.     Monthly    statements    of    ex- 
penditures. 

§  5.  Payment  for  the  work  shall  be  made  by  the  local  governing 
body  in  the  manner  provided  by  law  for  the  payments  of  claims  against 
the  county  for  work  of  this  class,  on  presentation  of  bills  verified  by 
the  supervising  engineer  and  approved  by  the  department.  The  cost  of 
construction  shall  include  therein  the  cost  of  the  surveys,  drafting,  en- 
gineering, inspection  and  other  necessary  expenses  as  well  as  the  cost 
of  the  actual  work  of  construction.  Twotihirds  of  the  cost  of  con- 
struction as  shown  by  the  bills  approved  by  the  department  shall  be 
paid  by  the  county  in  which  the  highway  is  located  and  one-third  by 
the  state.  The  cost  of  maintenance  thereafter  shall  be  equally  divided 
between  the  state  and  the  county,  the  work  to  be  done  as  the  depart- 
ment shall  direct  under  the  supervision  of  the  county  engineer.  All  bills 
for  maintenance  shall  be  approved  and  paid  in  the  same  manner  as  the 
cost    of    construction. 

On  the  10th  of  each  month  following  the  month  in  which  work  of 
any  kind  has  been  done,  or  expenses  of  any  sort  have  been  incurred  in 
connection  with  the  construction  or  maintenance  of  a  state  aid  high- 
way, the  treasurer  of  the  county  where  the  highway  is  situated  shall 
present  to  the  department  a  verified  statement  of  the  amounts  paid  for 
work  performed  during  the  previous  month  and  a  demand  for  a  payment 
of  the  amount  due  from  the  state.  Upon  verification  and  approval  of* 
this  demand  the  state  treasurer  shall  forward  the  amount  to  the  county 
treasurer.  The  amount  to  be  paid  by  a  countj-  may  be  paid  out  of  the 
proceeds  of  a  bond  issue,  the  general  fund,  the  general  road  district 
fund  or  out  of  the  district  funds  of  the  road  district  in  which  the  said 
highway  is  located. 

The  proportion  of  expense  borne  by  the  state  shall  be  paid  out  of 
any  fund  now  available,  or  which  may  hereafter  be  made  available  for 
the  purpose,  or  out  of  special  appropriations  for  the  purpose  made  by 
the   legislature. 

Moneys  shall  be  paid  by  the  state  treasurer  upon  warrants  duly  drawn 
by  the  controller  of  the  state,  upon  demands  made  by  the  department 
and  audited  by  the  state  board  of  control. 


1245  HORTICULTURE.  Acts  1485-1517a 

Limit  of  cost.     Bonds. 

§  6.  The  board  of  supervisors  of  any  county  may  not,  under  the 
provisions  of  this  act,  petition  for  the  improvement  of  any  highway 
the  estimated  cost  of  which  by  the  county  surveyor  or  engineer  of  said 
county  shall  exceed  the  sum  of  fifty  thousand  dollars,  unless  the  same 
shall  have  been  submitted  to  the  electors  of  the  county  and  approved. 
The  board  of  supervisors  is  hereby  authorized  to  issue  bonds  under  the 
laws  of  this  state  for  the  construction  of  such  highways  and  the  ap- 
proval of  such  bond  issue  by  the  electors  shall  authorize  the  board  of 
supervisors  to  proceed  with  the  construction  of  such  highway  under 
the  provisions  of  this   act. 

Provisions  of  state  highway  law  apply. 

§  7.  All  of  the  provisions  of  l*w  relating  to  state  highways  and  to 
the  department  shall  apply  so  far  as  they  are  applicable  to  all  work 
done  and  to  all  methods  employed  under  this  act. 

Title  of  act. 

§  8.  This  act  shall  be  known  and  cited  as  the  "State  Aid  Highway 
Act." 

TITLE  212. 

HOMESTEADS. 
ACT  1485. 

Citations.     Cal.  156/199. 

TITLE  217. 
HORTICULTUKB. 
ACT  1517. 

For  the  protection  of  horticulture,  and  to  prevent  the  introduction  into 
this  state  of  insects,  or  diseases  or  animals  injurious  to  fruit  or 
fruit-trees,  vines,  bushes,  or  vegetables,  and  to  provide  for  a  quar- 
antine for  the  enforcement  of  this  act.  [Approved  March  11, 
1899.     Stats.   1899,  p.  91.] 

Amended   1903,   p.   32.     Repealed,    Stats.    2d   Ex.    Sess.    1912,   p.   437. 
See   next   act. 

ACT  1517a. 

An  act  to  provide  for  the  protection  of  horticulture  and  to  prevent  the 
introduction  into  this  state  of  insects  or  diseases,  or  animals,  injuri- 
ous to  fruit  or  fruit-trees,  vines,  bushes  or  vegetables,  providing  for 
a  quarantine  for  the  enforcement  of  this  act,  making  a  violation 
of  the  terms  of  the  act  a  misdemeanor,  and  providing  the  penalty 
therefor;  providing  that  said  act  shall  be  an  urgency  measure  and 
go  into  effect  immediately,  and  repealing  that  certain  act  entitled 
"An  act  for  the  protection  of  horticulture  and  to  prevent  the  intro- 
duction into  this  state  of  insects,  or  diseases,  or  animals,  injurious 


Act  1517a,  §  1  GENERAL  LAWS.  1246 

to  fruit  or  fruit-trees,  vines,  bushes  or  vegetables,  and  to  provide 
for  a  quarantine  for  the  enforcement  of  this  act,"  approved  March 
11,    1899. 

[Approved  January  2,  1912.     Stats.  2d  Ex.  Sess.  1912,  Stats.   1911,  Ex. 

Ses3.,  p.  433.] 

Inspection  of  articles  brought  into  state.  Notice  of  arrival.  Disinfec- 
tion.    Removal. 

§  1.  Any  person,  persons,  firm  or  corporation  who  shall  receive, 
bring  or  cause  to  be  brought  into  the  state  of  California,  anv  nursery 
stock,  trees,  shrubs,  plans,  vines,  cuttings,  grafts,  scions,  buds  or  fruit 
pits,  or  fruit  or  vegetables,  or  seed,  shall  immediately  after  the  arrival 
thereof  notify  the  state  commissioner  of  horticulture,  or  deputy  quaran- 
tine oflicer,  or  quarantine  guardian  ot  the  district  or  county  in  which 
such  nursery  stock,  or  fruit  or  vegetables  or  seed  are  received,  of  their 
arrival,  and  hold  the  same  without  unnecessarily  moving  the  same,  or 
placing  such  articles  where  they  may  be  harmful,  for  the  immediate 
inspection  of  such  state  commissioner  of  horticulture,  or  deputy  quaran- 
tine officer  or  guardian.  If  there  is  no  quarantine  guardian  or  state 
horticultural  quarantine  officer  in  the  county  where  such  nursery  stock 
or  fruit  or  vegetable,  or  seed  is  received,  it  shall  then  be  the  duty  of 
such  person,  persons,  firm  or  corporation  to  notify  the  state  commis- 
sioner of  horticulture,  who  shall  make  immediate  arrangements  for  their 
inspection.  The  state  commissioner  of  horticulture,  deputy  quarantine 
officer,  quarantine  guardian  or  such  person  or  persons  as  shall  be  com- 
missioned by  the  state  commissioner  of  horticulture  to  make  such  in- 
spection, or  to  represent  said  commissioner,  is  hereby  authorized  and 
empowered  to  enter  at  any  time  into  any  car,  warehouse,  depot  or  upon 
any  ship  within  the  boundaries  of  the  state  of  California  whether  in  the 
stream  or  at  the  dock,  wharf,  dock,  mole,  or  any  other  place  where  such 
nursery  stock  or  fruit  or  vegetables  or  seed  or  other  described  articles 
are  received  or  in  which  such  nursery  stock  or  fruit  or  vegetables  or 
seed  is  imported  into  the  state,  for  the  purpose  of  making  the  investiga- 
tion or  examination  to  ascertain  whether  such  nursery  stock,  trees, 
shrubs,  plants,  vines,  cuttings,  grafts,  scions,  buds,  fruit-pits,  fruit, 
vegetables  or  seed  is  infested  with  any  species  of  injurious  insects,  or 
their  eggs,  larvae  or  pupae  or  other  animal  or  plant  disease. 

If  aiter  such  examination  or  inspection,  any  of  the  said  described 
articles  are  found  to  be  so  infested  or  infected  as  aforesaid,  then  it 
shall  be  the  duty  of  the  owner,  owners,  or  persons,  firm  or  corporation 
having  charge  or  possession  thereof  to  so  disinfect  at  his  or  their  expense 
sucli  portion  or  portions  of  the  ship,  dock,  wharf,  mole,  car,  warehouse 
or  depot  where  said  articles  may  have  been  located  in  such  a  manner  as 
to  destroy  all  infection  or  infestation  present  or  that  is  liable  to  be 
present,  and  all  articles  or  packages  or  soils  apt  to  be  so  infested  or 
infected  shall  be  held  until  the  said  articles  or  packages  or  soils  have 
been  thoroughly  disinfected  and  all  injurious  insects,  or  their  eggs, 
larvae  or  pupae  or  other  animal  or  plant  disease  have  been  eradicated 


1247  HORTICULTURE.  Act  1517a,  §§  2, 3 

and  destroyed;  provided,  however,  that  all  articles  of  nursery  stock,  trees, 
shrubs,  plants,  vines,  cuttings,  grafts,  scions,  buds,  pits,  fruit  pits,  fruits, 
vegetables  or  seed  which  are  infested  or  infected  with  such  species  of 
injurious  insects  or  their  eggs,  larvae  or  pupae  or  other  animal  or  plant 
disease  which  may  be  or  be  liable  to  be  injurious  to  the  orchards,  vine- 
yards, gardens  or  farms  within  said  state,  shall  be  destroyed  or  reshipped 
out  of  the  state  as  hereinafter  provided.  The  said  officer  so  making 
such  inspection  shall  not  permit  any  of  the  described  articles  so  com- 
ing in  contact  with  said  infested  or  infected  articles  or  any  articles 
which  might  convey  infection  or  infestation  to  be  removed  or  taken  from 
any  such  car,  warehouse,  depot,  ship,  dock,  wharf  or  any  other  place 
until  after  such  infection  or  infestation  shall  have  been  destroyed. 

Marking  required  on  articles  undergoing  shipment. 

§  2.  Each  carload,  case,  box,  package,  crate,  bale  or  bundle  of  trees, 
shrubs,  plants,  vines,  cuttings,  grafts,  scions,  buds  or  fruit  pits,  or  fruit 
or  vegetables  or  seed,  imported  or  brought  into  this  state  shall  have 
plainly  and  legibly  marked  thereon  in  a  conspicuous  manner  and  place 
the  name  and  address  of  the  shipper,  owner,  or  owners  or  person  for- 
warding or  shipping  the  same,  and  also  the  name  of  the  person,  firm  or 
corporation  to  whom  the  same  is  forwarded  or  shipped,  or  his  or  its 
responsible  agents,  also  the  name  of  the  country,  state  or  territory 
where  the  contents  were  grown  and  a  statement  of  the  contents  therein. 

Destruction  or  shipment  out  of  state  of  infected  or  infested  articles. 

§  3.  When  any  shipment  of  nursery  stock,  trees,  vines,  plants,  shrubs, 
cuttings,  grafts,  scions,  buds,  fruit  pits  or  seed  or  vegetables  or  fruit, 
imported  or  brought  into  this  state,  is  found  infested  or  infected  w^ith 
any  species  of  injurious  insects  or  their  eggs,  larvae  or  pupae  or  other 
animal  or  plant  disease  or  there  is  reasonable  cause  to  presume  that 
they  may  be  so  infested  or  infected,  which  would  cause  damage,  or  be 
liable  to  cause  damage,  to  the  orchards,  vineyards,  gardens  or  farms  of 
the  state  of  California,  or  which  would  be  or  be  liable  to  be  detrimental 
thereto  or  to  any  portion  of  said  state,  or  to  any  of  the  orchards,  vine- 
yards, gardens  or  farms  within  said  state  such  shipment  shall  he  im- 
mediately destroyed  by  the  state  commissioner  of  horticulture,  his  dep- 
uty quarantine  officer,  quarantine  guardians  or  other  person  or  persons, 
who  shall  be  commissioned  by  the  state  commissioner  of  horticulture  to 
make  such  inspection;  provided,  however,  that  if  the  nature  of  the  in- 
jurious insects,  or  their  eggs,  larvae,  pupae  or  animal  or  plant  disease 
be  such  that  no  damage  or  detriment  can  be  caused  to  the  said  orchards, 
vineyards,  gardens  or  farms  of  California  or  any  of  the  same  by  the 
shipment  of  the  same  out  of  the  state,  then  the  said  state  commissioner 
of  horticulture,  his  deputy  quarantine  officer,  quarantine  guardians  or 
other  person  or  persons  who  shall  be  commissioned  by  the  state  commis- 
sioner of  horticulture  to  make  such  inspection,  and  who  shall  make  such 
inspection,  shall  notify  the  owner  or  person,  firm  or  corporation  having 


Act  1517a,  §§  4-6  general  laws.  12-18 

possession  or  control  of  said  articles  to  ship  the  same  out  of  the  state 
within  forty-eight  hours  after  such  notification,  and  it  shall  be  the  duty 
of  such  owner  or  owners,  or  person,  firm  or  corporation,  to  so  ship  said 
articles,  but  said  shipment  shall  be  under  the  sole  direction  and  control 
of  the  officer  so  making  the  inspection  and  shall  be  at  the  expense  of 
the  owner  or  owners,  his  or  their  agent  or  agents,  and  for  a  failure  to 
comply  with  such  notice  such  owner  or  owners,  his  or  their  agent  or 
agents  shall  be  deemed  giiilty  of  a  violation  of  the  terms  of  this  act 
and  be  punished  accordingly  and  immediately  after  the  expiration  of  the 
time  specified  in  said  notice  said  articles  shall  be  seized  and  destroyed 
by  said  officer  at  the  expense  of  the  said  owner  or  owners,  his  or  their 
agent  or  agents. 

Shipment  passing  through  state. 

§  4.  "When  any  shipment  of  nursery  stock,  trees,  vines,  plants,  shrubs, 
cuttings,  grafts,  scions,  fruit,  fruit  pits,  vegetables  or  seed,  or  any  other 
horticultural  or  agricultural  product  passing  through  any  portion  of  the 
state  of  California  in  transit,  is  infested  or  infected  with  any  species 
of  injurious  insects,  their  eggs,  larvae  or  pupae  or  animal  or  plant 
disease,  which  would  cause  damage,  or  be  liable  to  cause  damage  to  the 
orchards,  vineyards,  gardens  or  farms  of  the  state  of  California,  or 
which  would  be,  or  be  liable  to  be,  detrimental  thereto  or  to  any  por- 
tion of  said  state,  or  to  any  of  the  orchards,' vineyards,  gardens  or  farms 
within  said  state,  and  there  exists  danger  of  dissemination  of  such 
insects  or  disease  while  such  shipment  is  in  transit  in  the  state  of 
California,  then  such  shipment  shall  be  placed  within  sealed  containers, 
composed  of  metallic  or  other  material,  so  that  the  same  cannot  be 
broken  or  opened,  or  be  liable  to  be  broken,  or  opened,  so  as  to  permit 
any  of  the  said  shipment,  insects,  their  eggs,  larvae  or  pupae  or  animal 
or  plant  disease  to  escape  from  such  sealed  containers  and  the  said 
containers  shall  not  be  opened  while  within  the  state  of  California. 

Fruit  fly. 

§  5.  No  person,  persons,  firm  or  corporation  shall  bring  or  cause  to  be 
brought  into  the  state  of  California  any  fruit  or  vegetable  or  host  plant 
which  is  now  known  to  be,  or  hereafter  may  become  a  host  plant  or 
host  fruit  of  any  species  of  the  fruit  fly  family  Trypetidae  from  any 
country,  state  or  district  where  such  species  of  Tr^-petidae  is  known  to 
exist  and  any  such  fruit,  vegetable,  or  host  plant,  together  with  the 
container  and  packing,  shall  be  refused  entry  and  shall  be  immediately 
destroyed  at  the  expense  of  the  owner,  owners  or  agents. 

Peach  yellows  or  peach  rosette. 

§  6.  No  person,  persons,  firm  or  corporation  shall  bring  or  cause  to  be 
brought  into  the  state  of  California  any  peach,  nectarine,  or  apricot  tree 
or  cuttings,  grafts,  scions,  buds  or  pits  of  such  trees,  or  any  trees  budded 
or  grafted  upon  peach  stock  or  roots  that  have  been  in  a  district  where 
the  disease  known  as  "peach  yellows"  or  the  contagious  disease  known 


1249  HORTICULTURE,  Act  1517a,  §§  7-11 

as  "contagious  peach  rosette"  are  known  to  exist,  and  any  such  attempt- 
ing to  land  or  enter  shall  be  refused  entry  and  shall  be  destroyed 
or  returned  to  the  point  of  shipment  at  the  option  of  the  owner,  owners 
or  agent,  and  at  his  or  their  expense. 

Injurious  animals. 

§  7.  No  person,  persons,  firm  or  corporation  shall  bring  or  cause  to 
be  brought  into  the  state  of  California  any  injurious  animals  known  as 
English  or  Australian  wild  rabbit,  flying-fox,  mongoose  or  any  other 
animal  or  animals  detrimental  to  horticultural  or  agricultural  interests. 

Penalty, 

§  8,  Any  person,  persons,  firm  or  corporation  violating  any  of  the 
provisions  of  this  act  shall  be  guilty  of  a  misdemeanor  and  shall  be 
punished  by  imprisonment  in  the  county  jail  for  a  period  not  exceeding 
six  months,  or  by  a  fine  not  exceeding  five  hundred  dollars,  or  by  both 
such   fine   and  imprisonment. 

Act  an  urgency  measure. 

§  9.  It  is  hereby  determined  and  declared  that  this  act  and  each  and 
all  of  the  provisions  thereof,  constitute  and  is  an  urgency  measure  neces- 
sary for  the  immediate  preservation  of  the  public  safety  and  health. 
The  facts  constituting  such  necessity  are  as  follows:  There  now  exist  in 
various  islands  and  territory  in  close  proximity  to  the  state  of  Cali- 
fornia dangerous  and  injurious  fruit  and  plant  diseases  and  insects  and 
animals,  and  heretofore  fruits,  vegetables,  plants,  seeds  and  other  articles 
of  horticulture  and  agriculture  from  said  islands  and  territory  have 
been  and  now  are  being  shipped  and  brought  into  the  state  of  California, 
which  are  to  a  large  extent  infested  and  infected  with  dangerous  and 
injurious  fruit  and  plant  diseases  and  insects,  their  eggs,  larvae  and 
pupae,  and  which  if  continued  to  be  brought  into  the  state  will  cause 
great  danger  to  the  public  health,  and  will  greatly  damage  the  horticul- 
tural and  agricultural  interests  of  this  state,  and  will  also  be  detrimental 
to  the  public  health,  and  this  act  is  necessary  to  provide  ample  power 
to  prevent  the  introduction  of  such  insects  and  diseases  and  injurious 
animals  into  the  state  and  to  prevent  the  spread  of  such  disease,  insects 
and  animals. 

Bepeal  of  former  law. 

§  10,  That  certain  act  entitled  "An  act  for  the  protection  of  horti- 
culture, and  to  prevent  the  introduction  into  this  state  of  insects,  or 
diseases,  or  animals,  injurious  to  fruit  or  fruit  trees,  vines,  bushes,  or 
vegetables,  and  to  provide  for  a  quarantine  for  the  enforcement  of  this 
act,"  approved  March  11,  1899,  is  hereby  repealed. 

In  effect  immediately. 

§  11.     This   act,  being  an   urgencj^  measure   as   above   set  forth,   shall 
take  effect  and  be  in  full  force  immediately  from  and  after  its  passage. 
79 


Acts  1529, 1530       general  laws.  1250 

TITLE  219. 

HOTELS. 
ACT  1529. 

An  act  to  protect  the  lives  and  property  of  the  patrons  of  all  public 

hotels,  lodging  and   rooming  houses  in   the   state   of   California. 

[Approved   March   25,   1911.     Stats.   1911,   p.   494.] 

Exit  signs  in  lodging-houses. 

§  1.  Every  owner,  manager,  proprietor,  lessee  or  other  person  having 
the  management,  charge  or  control  of  any  public  hotel,  lodging  or  room- 
ing house,  is  hereby  required  to  put  up  in  conspicuous  places  in  the 
halls  of  such  hotel,  lodging  or  rooming  house,  exit  and  stairway  signs 
and  permanently  maintain  the  same.  Said  signs  shall  be  made  and 
placed  where  they  will  definitely  direct  the  patrons  thereof  to  the  exits 
and  stairways,  so  as  to  enable  them  to  escape  from  such  building  in 
case  of  fire  or  other  accident. 

Penalty  for  violations. 

§  2.  Every  owner,  manager,  proprietor,  lessee  or  other  person,  having 
the  management,  charge  or  control  of  any  such  hotel,  lodging  or  room- 
ing house  who  shall  violate  anj'  of  the  provisions  of  this  act  or  who  shall 
refuse  or.  neglect  to  comply  therewith  shall  be  deemed  guilty  of  a  mis- 
demeanor and  upon  conviction  thereof  shall  be  punished  by  fine  not 
to  exceed  one  hundred  dollars  or  by  imprisonment  not  to  exceed  three 
months  or  by  both  such  fine  and  imprisonment. 

ACT  1530. 

An   act  to  regulate  the  building  and  occupancy   of  hotels   and   lodging- 
houses    in    incorporated    towns,    incorporated    cities,    and    cities    and 
counties,  and  to  provide  penalties  for  the  violation  thereof. 
[Approved  June  16,  1913.     Stats.  1913,  p.  1429.] 

Hotel  and  lodging-house  act. 

§  1.  This  act  shall  be  known  as  the  state  hotel  and  lodging-house 
act  and  its  provisions  shall  apply  to  all  incorporated  towns,  incorporated 
cities  and  cities  and  counties  in  the  state  of  California. 

Definitions. 

§  2.  For  the  purpose  of  this  act  certain  words  and  phrases  are  defined 
as  follows:  A  "hotel"  is  a  building  or  part  thereof  intended,  designed 
or  used  for  supplying  food  and  shelter  to  residents  or  guests  and  having 
a  general  public  dining-room  or  cafe,  or  both,  and  containing  more 
than  fifteen  guests'  rooms.  A  "lodging-house"  is  a  building  containing 
more  than  fifteen  rooms  in  which  persons  are  or  may  be  accommodated 
•with  sleeping  apartments  for  hire,  by  the  day,  week,  or  month.  A 
"yard"  is  an  open,  unoccupied  space  on  the  same  lot  with  a  hotel  or 
lodging-house,  between  the  extreme   rear  line  of  the   hotel   or  lodging- 


1251  HOTELS.         Act  1530,  §§  3-5 

house  and  the  rear  line  of  the  lot;  provided,  that  in  the  case  of  a 
coiner  lot  the  yard  may  be  placed  in  the  rear  of  either  frontage.  A 
court  is  an  open,  unoccupied  space,  other  than  a  yard,  on  the  same  lot 
with  a  hotel  or  lodging-house.  A  court  not  extending  to  the  street  or 
3'ard  is  an  inner  court.  A  court  extending  to  the  street  or  yard  and 
bounded  On  three  sides  by  a  hotel  or  lodging-house  on  the  same  lot  is 
an  outer  court.  If  it  extends  to  the  street  it  is  a  street  court.  If  it 
extends  to  the  yard  it  is  a  yard  court.  If  it  extends  from  the  street 
to  the  yard  it  is  a  street  to  yard  court.  A  court  bounded  on  one  side 
and  on  one  end  by  a  hotel  or  a  lodging-house  on  the  same  lot  and  on 
the  remaining  side  by  a  lot  line  and  the  remaining  end  open  to  the 
street  or  yard  is  a  lot  line  outer  court.  A  court  bounded  on  one  side 
and  both  ends  by  a  lodging-house  on  the  same  lot  and  on  the  remaining 
side  by  a  lot  line,  is  a  lot  line  court.  A  court  bounded  on  one  side  and 
both  ends  by  a  hotel  on  the  same  lot  and  on  the  remaining  side  by  a 
lot  line,  is  a  lot  line  court.  A  lot  line  is  the  boundary  line  between  two 
lots.  A  corner  lot  is  a  lot  situated  at  the  junction  of  two  streets  or 
of  a  street  and  public  alley  or  other  public  thoroughfare  or  public  park 
not  less  than  sixteen  feet  in  width.  Any  portion  of  the  frontage  of  such 
lot  behind  which  the  yard  is  placed  distant  more  than  seventy-five  feet 
from  such  junction  shall  not  be  regarded  as  part  of  a  corner  lot  but  shall 
be  subject  to  the  provisions  of  this  act  respecting  other  than  corner  lots. 

Yaxd  behind  hotel. 

§  3.  Behind  every  hotel  or  lodging-house  hereafter  erected,  there  shall 
be  a  yard  extending  across  the  entire  width  of  the  lot  and  at  every 
point  open  from  the  ground  to  the  sky,  unobstructed,  except  that  open 
iron  fire-escapes  may  project  not  over  four  feet  from  the  rear  line  of  the 
house.  The  depth  of  said  yard,  measured  from  the  extreme  rear  wall 
of  the  house  toward  the  rear  line  of  the  lot,  shall  be  as  provided  in  the 
following  sections. 

Depth  of  yard. 

§  4.  Except  upon  a  corner  lot,  as  provided  in  section  5,  or  upon  a  lot 
running  through  from  street  to  street  or  street  to  public  alley  or  other 
public  thoroughfare  or  public  park,  or  a  lot  surrounded  upon  its  sides 
by  streets  or  streets  and  public  alleys,  or  parks  or  other  public  thorough- 
fares not  less  than  sixteen  feet  in  width,  as  provided  in  section  6,  the 
depth  of  the  yard  behind  every  hotel  or  lodging-house  shall  not  be  less 
than  twelve  feet  in  every  part;  provided,  that  whenever  such  lot  is  less 
than  one  hundred  and  twenty  feet  in  depth  said  yard  shall  be  not  less 
than  ten  per  cent  of  the  depth  of  said  lot  in  every  part  and  in  no  case 
less  than  seven  feet  in  every  part. 

Depth  of  yard  on  corner  lot. 

§  5.  The  depth  of  the  yard  for  every  hotel  or  lodging-house  hereafter 
erected  upon  a  corner  lot  shall  be  not  less  than  seven  feet  in  every  part 
and  at  every  point  open  and  unobstructed  from  the  level  of  the  second 


Act  1530,  §§6-8  GENERAL   LAWS.  1252 

tjer  of  beams  (the  second  floor  level);  provided,  that  where  any  such 
lot  is  less  than  seventy  feet  in  depth  behind  the  frontage  back  of  which 
the  yard  is  to  be  placed  the  depth  of  the  yard  shall  be  not  less  than 
ten  per  centum  of  such  depth  of  such  lot,  but  shall  never  be  less  than 
five  feet  in  every  part.  When  a  corner  lot  is  more  than  seventy-five 
feet  in  width  upon  the  frontage  behind  which  the  yard  is  {)laced,  the 
yard  for  that  portion  in  excess  of  seventy-five  feet  shall  conform  to  the 
provisions  of  section  4  of  this  act. 

When  hotel  runs  from  street  to  alley. 

§  6.  Whenever  a  hotel  or  lodging-house  is  hereafter  erected  upon  a  lot 
which  runs  through  from  one  street  to  another  street  or  public  alley  or 
other  public  thoroughfare  or  public  park  and  said  lot  is  not  more  than 
one  hundred  and  fifty  feet  in  depth  one-half  of  the  narrowest  street 
or  public  alley  or  other  public  thoroughfare  or  public  park  may  be  in- 
cluded in  the  depth  of  the  yard  required  by  sections  4  and  5.  If  a  lot 
is  surrounded  on  its  sides  by  streets  or  streets  and  public  alleys  or  other 
public  thoroughfares  or  public  parks  twenty  feet  or  more  in  width  the 
provisions  relating  to  yards  in  sections  4  and  5  need  not  be  complied 
with;  provided,  tnat  the  hotel  or  lodging-house  to  be  constructed  on 
such  lot  contains  an  outer  court  at  least  eighty  feet  deep  and  of  a 
width  twice  as  great  as  the  depth  prescribed  for  yards  in  section  4  and 
open  to  one  of  the  surrounding  streets,  public  alleys  or  other  public 
thoroughfares  or  public  parks;  provided,  that  said  outer  court  shall  not 
be  required  to  be  of  a  depth  which  shall  leave  less  than  fifty  feet  be- 
tween the  rear  line  of  caid  court  and  the  line  of  said  lot  immediately 
behind  said  court. 

Windows. 

§  7.  No  window  in  a  hotel  or  lodging-house  hereafter  erected  shall 
open  upon  a  lot  line. 

§  8.  Windows  in  hotels  or  lodging-houses  hereafter  erected  may  open 
upon  a  lot  line  court,  or  upon  a  lot  line  outer  court  or  upon  a  street  to 
yard  court,  of  the  minimum  sizes  provided  in  this  act.  No  window 
shall  open  or  be  designed  to  open  or  be  constructed  upon  a  lot  line 
court  unless  said  court  be  at  least  of  the  following  mimimum  size:  The 
wall  of  the  hotel  or  lodging-house  forming  one  side  of  safd  court  and 
running  approximately  parallel  to  the  lot  line  shall,  at  its  nearest  point, 
be  at  least  four  feet  distant  from  the  lot  line  and  said  court  shall  be  at 
least  eight  feet  in  length  parallel  to  the  lot  line;  provided,  that  said 
court  need  be  but  four  feet  in  length  parallel  to  the  lot  line  when  only 
windows  opening  from  toilets  or  bathrooms  only  open  upon  said  court. 
No  windows  in  a  hotel  or  lodging-house  hereafter  erected  shall  open 
upon  a  street  to  yard  court  or  upon  a  lot  line  outer  court  unless  said 
court  has  a  width  throughout  its  entire  length  of  at  least  four  feet. 
Windows  in  hotels  or  lodging-houses  hereafter  erected  shall  not  be  con- 
structed or  placed  in  or  opened  through  the  outer  wall  of  the  building 


1253  HOTELS.  Act  1530,  §^  9,  10 

next  to  the  lot  line  unless  such  windows  open  upon  a  lot  line  court  or  a 
lot  line  outer  court  or  a  street  to  yard  court  or  upon  a  yard  or  court. 
When  a  room  is  located  at  the  corner  of  a  hotel  or  lodging-house  formed 
by  the  intersection  of  a  lot  line  and  a  street  or  public  alley  or  other 
public  thoroughfare  or  public  park  and  said  room  has  a  window  or 
windows  opening  on  such  street  or  public  alley  or  other  public  thorough- 
fare or  public  park  said  room  may  also  have  a  window  or  windows  open- 
ing upon  the  lot  line. 

Additions  to  existing  hotels  must  comply  -with  act. 

§  9.  No  hotel  or  lodging-house  existing  prior  to  the  passage  or  going 
into  effect  of  this  act  or  the  permit  for  the  construction  of  which  was 
issued  prior  to  the  going  into  effect  of  this  act  shall  hereafter  have  ad- 
ditions made  thereto  unless  such  additions  comply  with  the  provisions  of 
this  act  and  no  building  existing  prior  to  the  going  into  effect  of  this 
act  or  the  permit  for  the  construction  of  which  was  issued  prior  to  the 
going  into  effect  of  this  act  shall  hereafter  be  altered  to  a  hotel  or  lodg- 
ing-house except  with  full  compliance  with  the  provisions  of  this  act 
provided  herein  for  the  building  and  occupancy  of  hotels  and  lodging- 
houses  hereafter  constructed. 

Plans,  specifications,  etc^  to  be  submitted  to  building  department. 

§  10.  Before  the  construction  or  alteration  of  a  hotel  or  lodging- 
house,  or  the  alteration  or  conversion  of  a  building  for  use  as  a  hotel 
or  lodging-house  is  commenced,  the  owner  or  his  agent  or  architect  shall 
submit  to  the  building  department  of  the  incorporated  town,  incorpo- 
rated city  or  city  and  county  in  which  said  hotel  or  lodging-house  or 
building  to  be  constructed,  altered,  added  to  or  converted  is  situated  or 
to  be  situated,  or  if  there  be  no  building  department  then  to  the  health 
department  or  if  there  be  no  building  department  or  health  department 
then  to  such  department  as  shall  be  designated  for  that  purpose  by 
municipal  ordinance  of  the  municipality  in  which  said  work  is  contem- 
plated, a  detailed  statement  in  writing,  verified  by  the  afiidavit  of  the 
person  making  the  same,  of  the  specifications  for  the  construction  of 
such  hotel  or  lodging-house  or  building  upon  the  blanks  or  forms  to  be 
furnished  by  such  department  and  also  a  complete  and  full  copy  of  the 
plans  of  such  work.  Such  statement  shall  give  in  full  the  name  and  res- 
idence, by  street  and  number,  of  the  owner  or  owners  of  such  hotel  or 
lodging-house  or  building.  If  such  construction,  alteration  or  conver- 
sion is  proposed  to  be  made  by  any  other  person  than  the  owner  of  the 
land  in  fee,  such  statement  shall  contain  the  full  name  and  residence, 
by  street  and  number,  not  only  of  the  owner  of  the  land,  but  of  every 
person  interested  in  such  lodging-house  or  hotel,  either  as  owner,  lessee 
or  in  any  representative  capacity.  Said  affidavit  shall  allege  that  such 
specification  and  plans  are  true  and  contain  a  correct  description  of  such 
hotel  or  lodging-house,  building,  structure,  lot  and  proposed  work.  The 
statements  and  affidavits  herein  provided  for  may  be  made  by  the  owner, 
or  the  person  who  proposes  to  make  the  construction,  alteration  or  con- 


Act  1530,  §  11  GENERAL   LAWS,  1254 

version,  or  by  his  agent  or  architect.  No  person,  however,  shall  be 
recognized  as  the  agent  of  the  owner  unless  he  shall  file  with  the  de- 
partment with  which  the  plans  and  specifications  are  filed  a  written  in- 
strument signed  by  such  owner  designating  him  as  agent.  Any  false 
swearing  in  a  material  point  in  such  affidavit  shall  be  deemed  perjury. 
Such  plans  and  specifications  and  statements  shall  be  filed  in  said  de- 
partment and  shall  be  deemed  public  records,  and  no  such  specifications, 
plans  or  statements  shall  be  removed  from  said  department.  The  said 
dei)artment  shall  cause  all  such  plans  and  specifications  to  be  examined. 
If  such  plans  and  specifications  conform  to  the  provisions  of  this  act 
relative  to  the  building  and  occupancy  of  hotels  and  lodging-houses  the 
department  with  which  said  plans  and  specifications  are  required  to  be 
filed  shall  issue  a  written  certificate  to  that  effect  to  the  person  sub- 
mitting the  same.  Such  certificates  shall  state  the  state  hotel  or  lodging- 
house  act  has  been  complied  with.  Said  department,  may  from  time  to 
time  approve  changes  in  any  plans  and  specifications  previously  ap- 
proved by  it,  provided  the  plans  and  specifications,  when  so  changed, 
shall  be  in  conformity  with  this  act.  The  construction,  alteration  or 
conversion  of  such  house,  building  or  structure,  shall  be  in  accordance 
with  such  approved  specifications  and  plans.  When  the  original  copy 
of  the  plans  is  filed  an  additional  copy  shall  be  presented  to  the  de- 
partment with  which  the  plans  are  filed  and  when  the  permit  to  com- 
struct,  alter  or  convert  is  issued  said  additional  copy  shall  be  certified 
thereon  by  said  department  as  a  true  copy  of  the  plans  on  file  and  de- 
livered to  tho  person  to  whom  the  permit  is  issued  and  shall  be  kept 
upon  the  premises  upon  which  the  hotel  or  lodging-house  is  to  be  con- 
structed, altered  or  converted,  from  the  commencement  of  the  work 
thereon  to  the  final  completion  thereof  and  be  subject  to  inspection  at  all 
times  by  proper  authorities,  A  copy  of  all  changes  or  alterations  in  the 
said  plans  on  file  duly  authorized  shall  also  be  kept  upon  said  premises  or 
such  changes  or  alterations  shall  be  noted  upon  the  copy  issued  with  the 
permit  and  certified  thereon  by  the  department  with  which  the  original 
copy  is  filed.  Any  permit  or  approval  which  may  be  issued  by  said  de- 
partment but  under  which  no  work  has  been  done  above  the  foundation 
walls  within  six  months  from  the  issuance  of  such  permit  or  approval, 
shall  expire  by  limitation.  Said  department  shall  have  power  to  revoke 
or  cancel  any  permit  or  approval  in  case  of  any  failure  or  neglect  to 
comply  with  any  of  the  provisions  of  this  act,  or  in  case  any  false  state- 
ment or  representation  is  made  in  any  specification,  plans  or  statements 
submitted  or  filed  for  or  to  obtain  such  permit  or  approval. 

Certificate  of  final  completion.     Permit  of  occupancy. 

§  11,  Upon  the  completion  of  the  construction  or  alteration  of  a  hotel 
or  lodging-house  or  alteration  of  a  building  into  a  hotel  or  lodging-house 
and  the  making  of  a  written  application  therefor  by  the  owner,  his  agent, 
architect  or  contractor  to  the  department  charged  with  the  enforcement 
of  this  act,  said  department,  if  said  building  at  the  date  of  such  applica- 


1255  HOTELS.  Act  1530,  §§  12, 13 

tion  is  entitled  thereto,  shall,  within  ten  days  from  the  date  of  siich 
application,  issue  a  certificate  that  the  hotel  or  lodging  house  or  altera- 
tion thereof  is  completed  in  conformity  with  the  state  hotel  and  lodg- 
ing-house act,  which  certificate  shall  be  entitled  "certificate  of  final 
completion,"  and  upon  presentation  of  said  certificate  to  the  department 
of  health  of  the  incorporated  town,  incorporated  city  or  city  and  county 
in  which  the  building  is  located  and  filing  the  same  with  such  department 
the  department  of  health  shall  issue  a  permit  to  occupy  such  hotel  or 
lodging-house,  which  last-mentioned  permit  shall  be  entitled  "permit  of 
occupancy  upon  completion  of  construction." 

Said  certificate  and  said  permit  shall  each  be  made  in  duplicate  and 
one  copy  of  each  shall  remain  on  file  in  the  department  issuing  it. 

No  hotel  or  lodging-house  hereafter  constructed  as  or  altered  into  a 
hotel  or  lodging-house  shall  be  occupied  in  whole  or  in  part  for  human 
habitation  until  the  issuance  of  the  said  "certificate  of  final  completion" 
and  of  said  "permit  of  occupancy  upon  completion  of  construction."  If 
any  building  hereafter  constructed  as  or  altered  into  a  hotel  or  lodging- 
house,  be  occupied  in  whole  or  in  part  for  human  habitation  in  violation 
of  the  provisions  of  this  section  such  occupation  shall  be  deemed  unlawful 
and  said  premises  shall  be  deemed  unfit  for  human  habitation  and  the 
department  of  health  or  other  department  charged  with  the  enforcement 
of  this  act  may  cause  them  to  be  vacated  accordingly. 

Act  prescribes  minimum  requirements. 

§  12.  Nothing  in  this  act  contained  shall  be  construed  to  abrogate  or 
impair  the  powers  of  the  department  of  health,  the  department  of  public 
works  or  the  building  department  or  of  the  courts,  to  enforce  the  provi- 
sions of  the  charter  or  building  ordinances  and  regulations  of  any  incor- 
porated town,  incorporated  city  or  city  and  county,  not  inconsistent  with 
this  act,  or  to  prevent  or  punish  violations  thereof.  The  provisions  of 
this  act  shall  be  held  to  be  the  minimum  requirements  adopted  for  the 
protection,  health  and  safety  of  the  community.  Nothing  in  this  act 
contained  shall  be  construed  as  prohibiting  the  local  legislative  body 
of  any  incorporated  town,  incorporated  city  or  city  and  county  from 
enacting  from  time  to  time  supplementary  ordinances  imposing  further 
restrictions.  But  no  ordinance,  regulation  or  ruling  of  any  municipal 
authority  shall  repeal,  amend,  modify  or  dispense  with  any  provision  of 
this  act. 

Inspection  of  hotels. 

§  13.  The  building  department,  the  health  department  and  such  other 
departments  as  the  municipalities  affected  by  the  provisions  of  this  act 
may  designate  by  ordinance  or  otherwise  shall  have  the  right  and  it 
shall  be  its  and  their  duty  to  enter  into  hotels  and  lodging-houses  within 
the  said  municipal  corporation  for  the  purpose  of  inspecting  such  houses 
and  buildings  to  secure  compliance  with  the  provisions  of  this  act,  and 
to  prevent  violations  thereof. 


Act  1530,  §§14-16  GENERAL   LAWS.  1256 

Penalty. 

§  14.  Every  person  •who  shall  violate  or  assist  in  violation  of  any 
provision  of  this  act  shall  be  guilty  of  a  misdemeanor  [and]  punished 
by  imprisonment  in  a  county  jail  not  exceeding  six  months  or  by  a  fine 
not  exceeding  five  hundred  dollars  or  by  both,  and  in  addition  to  the 
penalty  therefor,  shall  be  liable  for  all  costs,  expenses  and  disbursements 
paid  or  incurred  by  the  department,  by  any  of  the  oflScers  thereof,  or 
by  any  agent,  employee  or  contractor  of  the  same,  in  the  prosecution  of 
such  violation. 

Procedure  to  prevent  violations. 

§  15.  Except  as  herein  otherwise  specified  the  procedure  for  the  pre- 
vention of  violations  of  this  act,  or  for  the  vacation  of  p  jiuises  unlaw- 
fully occupied,  or  for  other  abatement  of  nuisance  in  connection  with  a 
hotel  or  lodging-house,  shall  be  as  set  forth  in  charter  and  ordinances  of 
the  municipality  in  which  the  procedure  is  taken.  In  case  any  hotel  or 
lodging-house,  building  or  structure  or  any  part  thereof  is  constructed, 
altered,  converted  or  maintained  in  violation  of  any  provision  of  this 
act  or  of  any  order  or  notice  of  the  departments  charged  with  its  enforce- 
ment, said  department  or  departments  may  institute  any  appropriate 
proceeding  or  action  to  prevent  such  unlawful  construction,  alteration, 
conversion  or  maintenance,  to  restrain,  correct  or  abate  such  violation  or 
nuisance,  to  prevent  the  occupation  of  said  hotel  or  lodging-house,  or  to 
prevent  any  act  in  violation  of  this  act  in  or  about  such  hotel  or  lodging- 
house  or  lot.  In  any  such  action  or  proceeding  said  department  or  de- 
partments may,  by  affidavit  setting  forth  the  facts,  apply  to  the  superior 
court  or  to  any  judge  thereof,  for  an  order  granting  the  relief  for  which 
said  action  or  proceeding  is  brought,  or  for  an  order  enjoining  all  per- 
sons from  doing  or  permitting  to  be  done  any  work  in  or  about  such 
hotel  or  lodging-house  or  for  occupying  or  using  the  same,  until  the  entry 
of  final  judgment  or  order.  In  case  any  notice  or  order  issued  by  said 
department  or  departments  is  not  complied  with  said  department  or  de- 
partments may  apply  to  the  superior  court,  or  to  any  judge  thereof,  for 
an  order  authorizing  said  department  or  departments  to  execute  and 
carry  out  the  provisions  of  said  notice  or  order,  to  remove  any  violation 
specified  in  said  order  or  notice.  The  court,  or  any  judge  thereof,  is 
hereby  authorized  to  make  any  order  specified  in  this  section.  In  no 
case  shall  the  said  departments  or  any  officer  thereof  or  the  municipal 
corporation  be  liable  for  costs  in  any  action  or  proceeding  that  may  be 
commenced  in  pursuance  of  this  act. 

Fine  to  be  lien  on  hotel. 

§  16.  Every  fine  imposed  by  judgment  under  section  14  of  this  act 
upon  a  hotel  or  lodging-house  owner  shall  be  a  lien  upon  the  house  in 
relation  to  which  the  fine  is  imposed  from  the  time  of  the  filing  of  a 
certified  copy  of  said  judgment  in  the  otfice  of  the  recorder  of  the  county 
in  which  said  hotel  or  lodging-house  is  situated,  subject  only  to  taxes  and 


1257  HOTELS.       Act  1530,  §§  17, 18 

assessments  and  water  rates  and  to  such  mortgagee  and  mechanics'  liens 
as  may  exist  thereon  prior  to  such  filing;  and  it  shall  be  the  duty  of  the 
department  instituting  such  action  or  proceeding  upon  the  entry  of  such 
judgment  to  forthwith  file  the  copy  as  aforesaid,  and  such  copy  upon 
being  filed  shall  be  forthwith  indexed  by  the  recorder  in  the  index  of 
mechanics'  liens. 

Notice  of  pendency  of  action. 

§  17.  In  any  action  or  proceeding  instituted  by  the  department  or 
departments  charged  with  the  enforcement  of  this  act,  the  plaintiff  or 
petitioner  may  file  in  the  county  recorder's  oflSce  of  the  county  where 
the  property  affected  by  the  action  or  proceeding  is  situated,  a  notice 
of  the  pendency  of  such  action  or  proceeding.  Said  notice  may  be  filed 
at  the  time  of  the  commencement  of  the  action  or  proceeding,  or  at  any 
time  afterwards  before  final  judgment  or  order,  or  at  any  time  after 
the  service  of  any  notice  or  order  issued  by  said  department.  Such 
notice  shall  have  the  same  force  and  effect  as  the  notice  of  pendency 
of  action  provided  for  in  the  Code  of  Civil  Procedure.  Each  county  re- 
corder with  whom  such  notice  is  filed  shall  record  it,  and  shall  index  it 
in  the  name  of  each  person  specified  in  a  direction  subscribed  by  an 
officer  of  the  department  instituting  such  action  or  proceeding.  Any 
such  notice  may  be  vacated  upon  the  order  of  a  judge  of  the  court  in 
which  such  action  or  proceeding  or  proceedings  was  instituted  or  is  pend- 
ing. The  recorder  of  the  county  where  such  notice  is  filed  is  hereby 
directed  to  mark  such  notice  and  any  record  or  docket  thereof  as  can- 
celed of  record,  upon  the  presentation  and  filing  of  a  certified  copy  of 
such  order. 

Owners  of  hotels  to  file  names,  addresses,  etc, 

§  18.  Every  owner  of  a  hotel  or  lodging-house  and  every  lessee  of 
the  whole  house,  or  other  person  having  control  of  a  hotel  or  lodging- 
house,  shall  file  in  the  department  of  health  a  notice  containing  his  name 
and  address,  and  also  a  description  of  the  property,  by  street  and  num- 
ber, and  otherwise,  as  the  case  may  be,  in  such  manner  as  will  enable 
the  departments  charged  with  the  enforcement  of  this  act  to  easily  find 
the  same;  and  also  the  number  of  rooms  in  each  house.  In  case  of  a 
transfer  of  any  hotel  or  lodging-house  it  shall  be  the  duty  of  the  grantee 
of  such  hotel  or  lodging-house  to  file  in  the  department  of  health  a  notice 
of  such  transfer,  stating  the  name  of  the  new  owner,  within  thirty  days 
after  such  transfer.  In  case  of  the  devolution  of  the  said  property  by 
will,  it  shall  be  the  duty  of  the  executor  and  the  devisee,  if  more  than 
twentj'  one  years  of  age,  and  in  the  case  of  devolution  of  such  property 
by  inheritance  without  a  will,  it  shall  be  the  duty  of  the  heirs,  or  in 
case  all  the  heirs  are  under  age,  it  shall  be  the  duty  of  the  administrator 
of  the  deceased  owner  of  said  property  to  file  in  said  department  a  notice 
stating  the  death  of  said  owner  and  the  names  of  those  who  have  suc- 
ceeded to  his  interests,  within  thirty  days  after  the  death  of  the  decedent, 


Act  1530,  §§  19-23  general  laws.  1258 

in  case  he  died  intestate,  and  within  thirty   days  after  the   probate   of 
his  will  if  he  died  testate. 

Notice  of  agent's  name,  etc. 

§  19.  Every  owner,  agent  or  lessee  of  a  hotel  or  lodging-house  shall 
file  in  the  department  of  health  a  notice  containing  the  name  and  ad- 
dress of  the  agent  of  such  house  for  the  purpose  of  receiving  service  of 
process,  and  also  a  description  of  the  property,  by  street  and  number  or 
otherwise,  in  such  manner  as  will  enable  the  department  charged  with 
the  enforcement  of  this  act  to  easily  find  the  same.  The  name  "bf  the 
owner  or  lessee  may  be  filed  for  this  purpose. 

Names  indexed. 

§  20.  The  names  and  addresses  filed  in  accordance  with  sections  IS 
and  19  of  this  act  shall  be  indexed  by  the  department  of  health  in  such 
manner  that  all  of  those  filed  in  relation  to  each  hotel  or  lodging-house 
shall  be  together  and  readily  ascertainable.  The  department  of  health 
shall  provide  the  necessary  books  and  clerical  assistance  for  that  purpose, 
and  the  expense  thereof  shall  be  paid  by  the  municipality.  Said  indexes 
shall  be  public  records,  open  to  public  inspection  during  business  hours. 

Time  of  service. 

§  21.  Every  notice  or  order  in  relation  to  a  hotel  or  lodging-house 
shall  be  served  five  days  before  the  time  for  doing  the  thing  in  relation 
to  which  it  shall  have  been  issued. 

Sufficient  service. 

§  22.  In  any  action  brought  by  any  department  charged  with  the  en- 
forcement of  this  act  in  relation  to  a  hotel  or  lodging-house  for  injunc- 
tion, vacation  of  the  premises,  or  other  abatement  of  nuisance,  or  to 
establish  a  lien  thereon,  it  shall  be  sufficient  service  of  summons  to  serve 
the  same  as  notices  and  orders  are  served  under  the  provisions  of  the 
Code  of  Civil  Procedure.  The  plaintiff,  except  as  hereinbefore  provided, 
shall  be  any  department  charged  with  the  enforcement  of  this  act. 

Boiler-rooms.     Fire-escapes. 

§  23.  All  stoam  boilers,  heating  furnaces,  or  wnter-heating  apparatus 
using  any  fuel  other  than  coal-gas  or  natural  gas,  installed  in  any  hotel 
or  lodging-house,  shall  be  inclosed  in  a  room  with  walls  of  masonry,  re- 
inforced concrete,  terra  cotta  or  tile  from  the  floor  to  the  ceiling  and 
with  ceiling  of  same  construction  or  of  not  less  than  three-fourths  inch 
plaster  or  metal  lath.  No  wood  shall  be  used  in  the  construction  of  the 
floor.  All  windows  shall  be  of  wired  glass  not  less  than  one-quarter  of 
an  inch  thick  in  metal  frames  and  sashes.  "Where  oil  is  burned  every 
doorway  shall  have  a  masonry  sill  not  less  than  six  inches  from  the 
floor.  Where  oil  is  burned  the  furnace  or  heating  apparatus  shall  not 
be  fed  by  a  gravity  flow.  All  doors  leading  from  said  room  shall  be  fire- 
doors  and  either  run   on  tracks  or  arranged  to  swing  out  and  to   close 


1259  HOTELS.  Act  1530,  §§  24, 25 

automatically.  All  fire-doors  shall  overlap  the  wall  at  least  four  inches 
at  sides  and  top.  Sills  shall  be  of  metal  at  least  one-quarter  inch  thick 
on  masonry  or  of  masonry,  and  have  horizontal  faces  extending  under 
fire-doors  and  outer  edges  flush  with  outer  surface  of  fire  doors.  Top 
of  sliding  doors  shall  conform  to  incline  on  the  track,  which  shall  be 
three-quarters  inch  to  the  foot.  No  door  shall  be  hung  on  wooden  frame 
or  in  contact  with  any  woodwork.  Fire-doors  shall  be  made  of  three 
thicknesses  of  seven-eighths  inch  by  six  inches  tongued  and  grooved  red- 
wood boards,  surfaced  on  both  sides,  the  outer  thicknesses  to  be  vertical 
or  diagonal  and  the  inner  thickness  to  be  horizontal,  nailed  with  clinched 
nails.  Said  doors  shall  be  entirely  covered  with  good  tin  plate  ("IC" 
charcoal,  one  hundred  and  nine  pounds  to  the  box),  not  over  fourteen 
inches  by  twenty  inches  in  size,  laid  with  locked  joints  covering  nail 
heads,  and  all  vertical  seams  shall  be  double  locked.  No  solder  shall  be 
used.  Such  doors  shall  have  hinges,  hangers,  latches  and  chafing  strips 
of  wrought  iron  bolted  to  the  doors,  and  when  sliding  doors  shall  have 
steel  tracks  and  wrought  iron  stops  and  binders  bolted  through  the  wall. 
Swinging  doors  shall  have  wall  eyes  of  wrought  iron  built  into  or  bolted 
through  the  wall.  Every  hotel  or  lodging-house  hereafter  constructed 
of  more  than  two  stories  in  height  shall  have  at  least  one  standard  fire- 
escape  on  the  front  thereof  and  at  least  one  other  standard  fire  escape 
at  some  other  part  of  the  building.  A  hotel  or  lodging-house  upon  a 
corner  lot  shall  have  a  standard  fire-escape  on  each  frontage.  Such  fire- 
escape  shall  have  a  balcony  at  the  level  of  the  second  floor  and  a  balcony 
at  the  level  of  the  floor  of  each  succeeding  story  above  such  second 
floor  and  from  the  topmost  balcony  shall  have  a  gooseneck  ladder  running 
up  over  the  fire  wall  and  onto  the  roof. 

Wooden  hotels. 

§  24.  Hotels  and  lodging-houses  may  be  constructed  of  wood  to  a 
height  not  exceeding  forty  feet  and  shall  contain  not  more  than  three 
stories  and  basement  within  the  said  forty  feet.  In  the  case  of  a  wooden 
building  on  a  lot  with  the  grade  sloping  downward  from  the  facade  at 
which  the  measurement  is  taken,  the  height  of  the  building  at  any  point 
of  the  grade  shall  not  exceed  fifty  feet  above  the  adjoining  curb  in  case 
of  corner  lots,  or  above  the  natural  level  of  the  ground  in  case  of  inside 
lots. 

Repealed. 

§  25.  All  statutes  of  the  state  and  ordinances  of  incorporated  towns, 
incorporated  cities,  and  cities  and  counties,  as  far  as  inconsistent  with 
the  provisions  of  this  act,  are  hereby  repealed;  provided,  that  nothing 
in  this  act  contained  shall  be  construed  as  repealing  or  abrogating  any 
present  law  or  ordinance  of  any  incorporated  town,  incorporated  city  oi 
city  and  county  of  the  state,  making  further  restrictions  than  are  made 
in  this  act. 


Act  1537,  §§  1,2  GENERAL   LAWS.  1260 

Building  permit.    License. 

§  26.  Every  person  desiring  to  construct  or  alter  a  hotel  or  lodging- 
house,  or  to  convert  a  house  into  a  hotel  or  lodging-house,  shall  obtain 
a  permit  from  the  department  charged  with  the  enforcement  of  this  act. 
Every  owner  or  lessee  of  a  hotel  or  lodging-house  shall  obtain  at  the 
beginning  of  each  year  a  license  from  the  health  department  or  other 
department  designated  by  municipal  ordinance  for  that  purpose. 

TITLE  220. 

HOURS  OF  LABOR. 
ACT  1537. 

An  act  limiting  the  hours  of  labor  of  females  employed  in  any  mann 
facturing,  mechanical  or  mercantile  establishment,  laundry,  hotel, 
or  restaurant,  or  telegraph  or  telephone  establishment  or  office,  or  by 
any  express  or  transportation  company;  compelling  each  employer 
in  any  manufacturing,  mechanical,  or  mercantile  establishment,  laun- 
dry, hotel  or  restaurant,  or  other  establishment  employing  any  female 
to  provide  suitable  seats  for  all  female  employees  and  to  permit  them 
to  use  such  seats  when  they  are  not  engaged  in  the  active  duties  of 
their  emploj'ment;  and  providing  a  penalty  for  failure,  neglect  or  re- 
fusal of  the  employer  to  comply  with  the  provisions  of  this  act,  and 
for  permitting  or  suffering  any  overseer,  superintendent,  foreman  or 
other  agent  of  any  such  employer  to  violate  the  provisions  of  this 
act. 

[Approved  March  22,  1911.     Stats.  1911,  p.  437.] 

Entirely  amended  1913,  page   713,   as   follows: 

Females  not  to  work  more  than  eight  hours  per  day.  Not  applicable  to 
harvesting,  etc. 
§  1.  No  female  shall  be  employed  in  any  manufacturing,  mechanical 
or  mercantile  establishment,  laundry,  hotel,  public  lodging-house,  apart- 
ment house,  hospital,  place  of  amusement,  or  restaurant,  or  telegraph  or 
telephone  establishment  or  office,  or  liy  any  express  or  transportation 
company  in  this  state  more  than  eight  hours  during  any  one  day  or  more 
than  forty-eight  hours  in  one  week.  The  hours  of  work  may  be  so 
arranged  as  to  permit  the  employment  of  females  at  any  time  so  that 
they  shall  not  work  more  than  eight  hours  during  the  twenty-four  hours 
of  one  day,  or  forty-eight  hours  during  any  one  week;  provided,  how- 
ever, that  the  provisions  of  this  section  in  relation  to  hours  of  employ- 
ment shall  not  apply  to  nor  affect  the  harvesting,  curing,  canning  or 
drying  of  any  variety  of  perishable  fruit  or  vegetable,  nor  to  graduate 
nurses  in  hospitals.  [Amendment  approved  June  12,  1913;  Stats.  1913, 
p.  714.] 

Seats  for  female  employees. 

§  2.  Every  employer  in  any  manufacturing,  mechanical  or  mercantile 
establishment,  laundry,  hotel,  or  restaurant,  or  other  establishment  em- 


12G1  IMMIGRATION.  Act  1589 

ploying  any  female,  shall  provide  suitable  seats  for  all  female  employees, 
and  shall  permit  them  to  use  such  seats  when  they  are  not  engaged  in  the 
active  duties  of  their  employment.  [Amendment  approved  June  12,  1913; 
Stats.  1913,  p.  714.] 

Enforcement  of  act. 

§  3.  The  Inireau  of  labor  statistics  shall  enforce  the  provisions  of  this 
act.  The  commissioner,  his  deputies  and  agents,  shall  have  all  powers 
and  authority  of  sheriffs  or  other  peace  officers,  to  make  arrests  for  viola- 
tions of  the  provisions  of  this  act,  and  to  serve  all  processes  and  notices 
thereunder  throughout  the  state.  [Amendment  approved  June  12,  1913; 
Stats.  1913,  p.  714.] 

Penalty.    Disposition  of  fines. 

§  4.  Any  employer  who  shall  permit  or  require  any  female  to  work 
in  any  of  the  places  mentioned  in  section  1  more  than  the  number  of 
hours  provided  for  in  this  act  during  any  day  of  twenty-four  hours,  or 
who  shall  fail,  neglect,  or  refuse  to  so  arrange  the  work  of  females  in 
his  employ  so  that  they  shall  not  work  more  than  the  number  of  hours 
provided  for  in  this  act  during  any  day  of  twenty-four  hours,  or  who 
shall  fail,  neglect,  or  refuse  to  provide  suitable  seats  as  provided  in  sec- 
tion 2  of  this  act,  or  who  shall  permit  or  suffer  any  overseer,  superin 
tendent,  foreman,  or  other  agent  of  any  such  employer  to  violate  any 
of  the  provisions  of  this  act,  chall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  for  a  first  offense,  by  a  fine  of  not 
less  than  twenty-five  dollars  nor  more  than  fifty  dollars;  for  a  second 
offense,  by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than  two 
hundred  and  fifty  dollars;  or  by  imprisonment  for  not  more  than  sixty 
days,  or  by  both  such  fine  and  imprisonment.  All  fines  imposed  and  col- 
lected under  the  provisions  of  this  act  shall  be  paid  into  the  state 
treasurj'  and  credited  to  the  contingent  fund  of  the  bureau  of  labor  sta- 
tistics. [New  section  approved  June  12,  1913;  Stats.  1913,  p.  714.] 
Citations.     Cal.  162/691,  692. 

TITLE  227, 

IMMIGKATION. 
ACT  1589. 

An  act  relating  to  immigrants  and  immigration,  creating  a  commission 
of  immigration  and  housing,  providing  for  the  employment  by  said 
commission  of  a  secretary,  agents  and  other  employees,  authorizing 
said  commission  to  fix  their  compensation,  prescribing  the  duties  of 
said  commission,  providing  for  the  investigation  by  said  commission 
of  all  things  affecting  immigrants,  and  for  the  care,  protection  and 
welfare  of  immigrants,  and  making  an  appropriation  for  the  purpose 
of  carrying  out  the  provisions  hereof. 

[Approved  June  12,  1913.     Stats.  1913,  p.  608.] 


Act  1589,  §§  1-4  GENERAL  LAWS.  1262 

Commissioners  of  immigration  and  housing. 

§  1.  Within  thirty  days  after  this  act  shall  go  into  effect,  the  governor 
of  the  state  shall  appoint  five  suitable  persons  to  act  as  commissioners 
of  immigration  and  housing.  Said  commissioners  shall  hold  office  and 
serve  solely  at  the  pleasure  of  the  governor  and  not  otherwise. 

Compensation. 

§  2.  Said  commissioners  shall  serve  without  compensation,  but  shall 
be  entitled  to  receive  from  the  state  their  actual  necessary  expenses  while 
traveling  on  the  business  of  the  commission,  either  within  or  without  the 
state  of  California. 

Organization  of  commission,  seal,  quorum,  etc.     Va-cancy.     Headquarters. 

§  3.  The  commission  shall  be  known  as  the  "commission  of  immigra- 
tion and  housing  of  California."  It  shall  have  a  seal  for  the  authentica- 
tion of  its  orders  and  proceedings  upon  which  shall  be  inscribed  the 
words  "commission  of  immigration  and  housing — California — seal."  Each 
member  of  the  commission,  before  entering  upon  the  duties  of  his  office, 
shall  take  the  oath  of  office  as  prescribed  by  the  Political  Code  for  state 
officers  in  general,  and  must  execute  an  official  bond  in  the  sum  of  five 
thousand  dollars.  Within  thirty  days  after  appointment,  the  commission 
shall  meet  at  the  state  eapitol  and  organize,  selecting  a  president,  a  vice- 
president  and  secretary.  A  majority  of  the  commission  shall  constitute 
a  quorum  for  the  exercise  of  the  powers  or  authority  conferred  upon  it. 
Whenever  a  vacancy  occurs  in  the  commission,  from  any  cause  whatso- 
ever, such  vacancy  shall  be  filled  by  the  governor,  as  provided  in  sec- 
tion 1  for  the  original  creation  of  the  commission.  In  case  of  a  vacancy, 
the  remaining  members  shall  exercise  all  the  powers  and  authority  of  the 
commission  until  such  vacancy  is  filled.  The  commission  shall  maintain 
its  headquarters  and  principal  office  in  the  city  and  county  of  San  Fran- 
cisco, and  may  establish  branch  offices  at  anj'  place  or  places  which  in 
the  judgment  of  the  commission  may  be  deemed  advisable.  The  commis- 
sion may,  however,  hold  sessions  at  any  place  other  than  its  offices  when 
the  convenience  of  the  commission  and  the  parties  interested  so  requires. 

Em.ployees. 

§  4.  For  the  purpose  of  carrying  out  the  provisions  of  this  act,  the 
said  commission  is  authorized  to  employ  such  expert  and  other  employees 
as  it  may  deem  necessary,  and  upon  such  terms  and  for  such  compensa- 
tion as  it  may  deem  proper.  The  said  commission  shall  have  power  to 
enter  into  contracts  of  employment  with  such  persons  as  it  may  desire 
to  employ  for  a  definite  period  of  time;  but  no  contract  shall  be  made 
for  more  than  one  year.  The  employees  of  the  commission  shall  be  en- 
titled to  receive  from  the  state  their  actual  necessary  expenses  while 
traveling  on  the  business  of  the  commission,  either  within  or  without  the 
state  of  California. 


1263  IMMIGRATION.  Act  1589,  §§  5, 6 

Powers  and  duties  of  commission.    Emplojrment  bureaus. 

§  5.  The  commission  of  immigration  and  housing  shall  have  the  power 
to  make  full  inquiry,  examination  and  investigation  into  the  condition, 
welfare  and  industrial  opportunities  of  all  immigrants  arriving  and  being 
within  the  state.  The  commission  shall  also  gather  information  as  to 
the  agricultural  possibilities  and  opportunities  for  settlement  on  land 
within  the  state;  such  information  to  include  soil  and  agricultural  sur- 
veys of  the  arable  land  within  the  state  and  other  data  relating  to  the 
price  and  productivity  of  land.  The  commission  shall  also  have  power 
to  collect  information  with  respect  to  the  need  and  demand  for  labor  by 
the  several  agricultural,  industrial  and  other  productive  activities,  includ- 
ing public  works,  within  the  state;  to  gather  information  with  respect 
to  the  supply  of  labor  afforded  by  such  immigrants  as  they  shall  from 
time  to  time  arrive  or  be  within  the  state;  to  ascertain  the  occupations 
for  which  such  immigrants  shall  be  best  adapted,  and  to  bring  about 
intercommunication  between  them  and  the  several  activities  requiring 
labor  which  will  best  promote  their  respective  needs;  to  investigate  and 
determine  the  genuineness  of  any  application  for  labor  that  may  be  re- 
ceived and  the  treatment  accorded  to  those  for  whom  employment  shall 
be  secured;  to  co-operate  with  the  state  employment  bureaus,  municipal 
employment  bureaus,  and  with  private  employment  agencies  within  the 
state,  and  also  with  the  employment  and  immigration  bureaus  conducted 
under  the  authority  of  the  federal  government  or  by  the  government  of 
any  other  state,  and  with  public  and  philanthropic  agencies  designed  to 
aid  in  the  distribution  and  employment  of  immigrants;  aad  to  devise  and 
carry  out  such  other  suitable  methods  as  will  tend  to  prevent  or  relieve 
congestion  and  obviate  unemployment;  and  to  collect  and  publish,  in 
English  or  foreign  languages,  for  distribution  among  immigrants,  in,  or 
embarked  for,  California,  such  information  as  is  deemed  essential  to  their 
protection,  distribution,  education  and  welfare;  and  said  commission  is 
hereby  empowered  and  authorized  to  have  printed  by  the  state  printer 
any  such  reports  or  information,  records  or  proceedings  as  it  may  deem 
necessary  or  proper;  and  if  for  any  reason  the  state  printer  is  not 
equipped  to  do  any  part  of  said  work,  then  the  said  commission  shall  have 
the  right  and  the  authority  to  have  the  same  done  elsewhere  upon  such 
terms  and  conditions  as  it  may  deem  proper. 

Co-operation  with  federal,  etc.,  authorities.     Children  of  school  age.     In- 
struction in  English.     Playgrounds. 

§  6.  The  commission  shall  co-operate  with  the  proper  authorities  and 
organizations,  federal,  state,  county,  municipal  and  private,  with  the  ob- 
ject in  view  of  bringing  to  the  immigrant  the  best  opportunities  for 
acquiring  education  and  citizenship.  To  that  end  it  shall  procure  from, 
or  with  the  consent  of,  the  federal  authorities,  complete  lists  giving  the 
names,  ages  and  destination  within  the  state  of  all  immigrant  children 
of  school  age,  and  such  other  facts  a's  will  tend  to  identify  them,  and 
shall  forthwith  deliver  copies  of  such  lists  to  the  superintendent  of  public 


Act  1589,  §  7  GENERAL   LAWS.  1264 

instruction  or  the  several  boards  of  education  and  school  boards  in  the 
respective  localities  within  the  state  to  which  said  children  shall  be  des- 
tined, to  aid  in  the  enforcement  of  the  provisions  of  the  education  law 
relative  to  the  compulsory  attendance  at  school  of  children  of  school  age. 
The  commission  shall  further  co-operate  with  the  superintendent  of  public 
instruction  and  with  the  several  boards  of  education  in  the  state  to  as- 
certain the  necessity  for  and  the  extent  to  which  instruction  should  be 
imparted  to  immigrants  within  the  state  and  to  de%Mse  methods  for  the 
proper  instruction  of  adult  and  minor  aliens  in  the  English  language  and 
other  subjects;  and  in  respect  to  the  duties  and  rights  of  citizenship  and 
the  fundamental  principles  of  the  American  system  of  government;  and 
shall  co-operate  with  the  proper  authorities  and  with  private  agencies  to 
put  into  operation  practical  devices  for  training  for  citizenship  and  for 
encouraging  naturalization.  It  shall  be  the  aim  to  communicate  this 
instruction  to  the  immigrant  as  soon  after  his  arrival  as  is  practicable. 
The  commission  shall  co-operate  with  the  proper  authorities  to  extend 
this  education  for  both  children  and  adults  to  labor  camps  and  other 
localities  from  which  the  regular  schools  are  not  easily  accessible.  The 
commission  in  co-operation  with  the  proper  authorities  and  organizations 
shall  encourage  the  establishment  of  playgrounds  and  other  recreational 
activities,  and  also  the  establishment  of  settlements  and  social  centers 
in  cities  and  towns. 

Inspection  of  labor  camps,  etc.  Housing  conditions.  Ticket  agents.  Aid 
societies. 
§  7.  With  the  object  in  view  of  rendering  to  the  immigrant  that  pro- 
tection to  which  they  are  entitled,  the  commission  of  immigration  and 
housing  may  inspect  all  labor  camps  within  the  state,  and  may  inspect 
all  employment  and  contract  agencies  dealing  with  immigrants  or  who 
secure  or  negotiate  contracts  for  their  employment  within  the  state;  may 
investigate  the  banking  relations  that  exist  between  immigrants  and 
laborers;  may  investigate  and  inspect  institutions  established  for  the  tem- 
porary shelter  and  care  of  immigrants  and  such  philanthropic  societies 
as  shall  be  organized  for  the  purpose  of  securing  employment  for  or  aid- 
ing in  the  distribution  of  immigrants,  and  the  methods  by  which  they 
are  conducted;  and  shall  investigate  housing  conditions  under  which  im- 
migrants live,  and  sanitary  and  safety  conditions  under  which  immigrants 
are  employed;  it  shall  further  investigate  conditions  prevailing  at  the 
various  places  where  immigrants  are  lauded  within  the  state  and  at  the 
several  docks,  ferries,  railway  stations,  and  on  trains  and  boats  therein, 
and  shall  investigate  any  and  all  complaints  with  respect  to  frauds, 
extortion,  incompetency  and  improper  practices  by  notaries  public  and 
other  public  officials;  it  shall  further  investigate  the  relations  existing 
between  immigrants  and  steamship  and  railway  ticket  agents,  hotel  run- 
ners, cab-men,  baggage-men,  interpreters  and  pawnbrokers;  it  shall  fur- 
ther investigate  the  dealings  carried  on  between  immigrants  and  real 
estate  firms  or  corporations;  and  as  the  result  of  any  of  the  above  inspec- 


1265  IMMIGRATION.  Act  1589,  §§  8, 9 

tions  or  investigations,  if  it  should  find  evidences  of  fraud,  crime,  extor- 
tion, incompetency,  improper  practices  or  exploitation,  it  shall  be  the 
duty  of  the  commission  of  immigration  and  housing  to  present  to  the 
proper  authorities  the  evidences  for  action  thereon,  and  shall  bring  to 
bear  all  the  authority  within  its  power  to  see  that  justice  is  rendered. 
The  commission  shall  also  encourage  the  establishment  of  legal  aid 
societies. 

Violations  of  law.     Remedial  action.     Right  to  enter  tenements,  etc. 

§  8.  With  the  further  object  in  view  of  bringing  to  the  immigrant  the 
best  protection  the  state  can  afford,  it  shall  be  the  duty  of  the  commis- 
sion to  call  to  the  attention  of  the  proper  authorities  any  violations  it 
may  discover  of  the  laws  pertaining  to  the  payment  of  wages,  to  the 
mode  of  paying,  pertaining  to  the  child  labor  laws,  the  employment  of 
women,  factory  inspection  laws,  weekly  day  of  rest  laws,  protection  of 
labor  under  buildings  laws,  protection  of  labor  under  public  works  laws, 
laws  relating  to  the  white  slave  traffic,  and  laws  of  the  state  and  county 
and  municipal  health  departments;  the  tenement  house  laws,  and  other 
laws  pertaining  to  housing  conditions.  The  commission  shall  investigate 
and  study  the  general  economic,  housing  and  social  conditions  of  immi- 
grants within  the  state,  for  the  purpose  of  inducing  remedial  action  by 
the  various  agencies  of  the  state  possessing  requisite  jurisdiction;  and 
shall  generally,  in  conjunction  with  existing  public  and  private  agencies, 
consider  and  devise  means  to  promote  the  welfare  of  the  state.  The  mem- 
bers of  the  commission  of  immigration  and  housing  or  any  of  their  au- 
thorized agents  shall  have  the  right  to  enter  into  tenement  houses,  build- 
ings and  dwelling  places  for  the  purpose  of  inspecting  such  houses, 
buildings,  and  dwelling  places  to  secure  compliance  with  state  tenement 
and  building  acts  and  municipal  building  ordinances  and  to  prevent  vio- 
lation thereof,  and  shall  have  the  right  to  examine  the  records  of  the 
various  city  departments  charged  with  the  enforcement  of  the  tenement 
house  law  and  other  building  regulations  and  to  secure  from  them  reports 
and  copies  of  their  records  at  any  time. 

Information  from  state  officials,  etc.     Evidence  may  be  gathered. 

§  9.  The  commission  shall  have  the  right  to  demand  of  all  officials, 
state,  county  and  municipal,  and  it  shall  be  the  duty  of  said  officials  to 
supply,  such  information  and  references  to  records  as  will  enable  the 
commission  to  carry  into  effect  the  provisions  and  intent  of  this  act; 
and  shall  have  the  right  to  enter  upon  private  property  to  make  investi- 
gation for  the  purposes  of  carrying  out  the  provisions  of  this  act.  For 
the  purpose  of  carrying  out  fully  the  intent  and  spirit  of  this  act,  the 
said  commission  shall  have  full  power  and  authority  to  gather  any  and 
all  such  evidence  as  it  may  deem  proper  and  necessary  in  order  to  pre- 
sent the  same  to  the  proper  authorities  for  the  purpose  of  instituting 
prosecutions  against  any  and  all  persons,  firms  or  corporations  found 
violating  any  of  the  laws  of  any  municipality,  county  or  of  the  state 
80 


Act  1589,  §§  10-14  GENERAL  LAWS.  1266 

or   of   the   federal   government,   concerning   any   of   the   matters   in   this 
act  referred  to. 

Hearings,  investigations,  etc. 

§  10.  For  the  purpose  of  carrying  out  to  the  fullest  extent  the  pro- 
visions hereof,  the  said  commission  or  any  member  thereof  shall  have 
power  to  hold  hearings  for  the  purpose  of  investigation  and  inquiry,  and 
for  the  purpose  of  reaching  an  amicable  settlement  of  controversies 
existing  between  persons,  firms  and  corporations  mentioned  herein;  and 
to  this  end  and  purpose,  the  said  commissioners  and  each  of  them  and 
such  person  as  may  be  designated  in  writing  by  said  commission,  are 
hereby  authorized  and  empowered  to  administer  oaths.  No  decision  shall 
be  deemed  to  be  final  until  ratified  and  approved  by  the  said  commis- 
sion and  filed  in  its  oflice. 

Definitions. 

§  11.  For  the  purposes  of  this  act,  the  words  immigrant  and  immi- 
gration shall  refer  to  any  alien  who  is  within  the  state,  either  per- 
manently or  temporarily  domiciled  here,  or  in  transit,  or  passing  through 
the  state  to  a  contiguous  state  or  territory;  said  words  shall  further 
refer  to  any  alien  who  may  first  have  taken  up  residence  in  sotne  other 
state  or  in  one  of  the  federal  territorial  possessions,  and  then  shall  have 
removed  to  this  state;  said  words  shall  further  refer  to  all  aliens  com- 
ing to  and  being  within  the  state  of  California.  For  the  purpose  of 
this  act,  the  word  alien  shall  refer  to  all  persons  who  are  not  native 
born  or  who  have  not  received  their  final  citizenship  papers  under  the 
naturalization  laws  of  the  United  States. 

Immigration  not  encouraged. 

§  12.  This  act  shall  not  be  construed  to  authorize  or  direct  the 
commission  of  immigration  and  housing  to  induce  or  encourage  immi- 
gration into  this  state  or  the  United  States. 

Annual  report. 

§  13.  The  commission  of  immigration  and  housing  shall  make  an 
annual  report  to  the  governor,  on  the  second  day  of  January,  of  the 
operation   of  the   commission. 

Appropriation. 

§  14.  The  sum  of  fifty  thousand  dollars  is  hereby  appropriated  out 
of  any  moneys  in  the  state  treasury  not  otherwise  appropriated,  for  the 
purpose  of  carrying  out  the  provisions  of  this  act;  and  the  state  con- 
troller is  hereby  authorized  and  directed  to  draw  warrants  upon  such 
sum,  from  time  to  time,  upon  the  requisition  of  said  commission,  ap- 
proved by  the  board  of  control;  and  the  state  treasurer  is  hereby  author- 
ized aud  directed  to  pay  such  warrants. 


1267  INDUSTRIAL  WELFARE  COMMISSION.      Act  1608,  §§  1-3 

TITLE  230a. 
INDUSTRIAL   WELFARE   COMMISSION. 
ACT  1608. 

An    act    regulating   the    employment    of   women    and    minors    and    estab- 
lishing an  industrial  welfare  commission  to  investigate  and  deal  witii 
such    employment,    including    a    minimum    wage;    providing    for    an 
appropriation  therefor  and  fixing  a  penalty  for  violations  of  this  act. 
[Approved  May  26,  1913.     Stats.  1913,  p.  632.] 

Industrial  welfare  commission  established. 

§  1.  There  is  hereby  established  a  commission  to  be  known  as  the 
industrial  welfare  commission,  hereinafter  called  the  commission.  Said 
commission  shall  be  composed  of  five  persons,  at  least  one  of  whom  shall 
be  a  woman,  and  all  of  whom  shall  be  appointed  by  the  governor  as 
follows:  two  for  the  term  of  one  year,  one  for  the  term  of  two  years, 
one  for  the  term  of  three  years,  and  one  for  the  term  of  four  years; 
provided,  however,  that  at  the  expiration  of  their  respective  terms,  their 
successors  shall  be  appointed  to  serve  a  full  term  of  four  years.  Any 
vacancies  shall  be  similarly  filled  for  the  unexpired  portion  of  the  term 
in  which  the  vacancy  shall  occur.  Three  members  of  the  commission 
shall  constitute  a  quorum.  A  vacancy  on  the  commission  shall  not  impair 
the  right  of  the  remaining  members  to  perform  all  the  duties  and  exer- 
cise all  the  powers  and  authority  of  the  commission. 

Compensation.     Secretary. 

§  2.  The  members  of  said  commission  shall  draw  no  salaries  but 
all  of  said  members  shall  be  allowed  ten  dollars  per  diem  while  engaged 
in  the  performance  of  their  oflScial  duties.  The  commission  may  employ 
a  secretary,  and  such  expert,  clerical  and  other  assistants  as  may  be 
necessary  to  carry  out  the  purposes  of  this  act,  and  shall  fix  the  com- 
pensation of  such  employees,  and  may,  also,  to  carry  out  such  purposes, 
incur  reasonable  and  necessary  office  and  other  expenses,  including  the 
necessary  traveling  expenses  of  the  members  of  the  commission,  of  its 
secretary,  of  its  experts,  and  of  its  clerks  and  other  assistants  and 
employees.  All  employees  of  the  commission  shall  hold  office  at  the 
pleasure  of  the  commission. 

Duties. 

§  3.  (a)  It  shall  be  the  duty  of  the  commission  to  ascertain  the 
wages  paid,  the  hours  and  conditions  of  labor  and  employment  in  the 
various  occupations,  trades,  and  industries  in  which  women  and  minors 
are  employed  in  the  state  of  California,  and  to  make  investigations  into 
the  comfort,  health,  safety  and  welfare  of  such  women  and  minors. 

Information  to  be  furnished  commission. 

(b)  It  shall  be  the  duty  of  every  person,  firm  or  corporation  employing 
labor  in  this  state: 


Act  1608,  §§  4,  5  GENERAL   LAWS.  1268 

1.  To  furnish  to  the  commission,  at  its  request,  any  and  all  reports 
or  information  which  the  commission  may  require  to  carry  out  the 
purposes  of  this  act,  such  reports  and  information  to  be  verified  by  the 
oath  of  the  person,  or  a  member  of  the  firm,  or  the  president,  secretary, 
or  manager  of  the  corporation  furnishing  the  same,  if  and  when  so 
requested  by  the  commission  or  any  member  thereof. 

2.  To  allow  any  member  of  the  commission,  or  its  secretary,  or  any 
of  its  duly  authorized  experts  or  emploj-ees,  free  access  to  the  place  of 
business  or  employment  of  such  person,  firm,  or  corporation,  for  the 
purpose  of  making  any  investigation  authorized  by  this  act,  or  to  make 
inspection  of,  or  excerpts  from,  all  books,  reports,  contracts,  pay-rolls, 
documents,  or  papers,  of  such  person,  firm  or  corporation  relating  to  the 
employment  of  labor  and  payment  therefor  by  such  person,  firm  or  cor- 
poration. 

3.  To  keep  a  register  of  the  names,  ages,  and  residence  addresses  of 
all  women  and  minors  employed. 

Minor  defined. 

(c)  For  the  purposes  of  this  act,  a  minor  is  defined  to  be  a  person 
of  either  sex  under  the  age  of  eighteen  years. 

Public  hearings. 

§  4.  The  commission  may  specify  times  to  hold  public  hearings,  at 
which  times,  employers,  employees,  or  other  interested  persons,  may 
appear  and  give  testimony  as  to  the  matter  under  consideration.  The 
commission  or  any  member  thereof  shall  have  power  to  subpoena  wit- 
nesses and  to  administer  oaths.  All  witnesses  subpoenaed  by  the  com- 
mission shall  be  paid  the  fees  and  mileage  fixed  by  law  in  civil  cases. 
In  case  of  failure  on  the  part  of  any  person  to  comply  with  any  order 
of  the  commission  or  any  member  thereof,  or  anj'  subpoena,  or  upon  the 
refusal  of  any  witness  to  testify  to  any  matter  regarding  which  he  may 
lawfully  be  interrogated  before  any  wage  board  or  the  commission,  it 
shall  be  the  duty  of  the  superior  court  or  the  judge  thereof,  on  the 
application  of  a  member  of  the  commission,  to  compel  obedience  in  the 
same  manner,  by  contempt  proceedings  or  otherwise,  that  such  obedience 
would  be  compelled  in  a  proceeding  pending  before  said  court.  The 
commission  shall  have  power  to  make  and  enforce  reasonable  and  proper 
rules  of  practice  and  procedure  and  shall  not  be  bound  by  the  technical 
rules  of  evidence. 

Conference  of  "wage  board."     Compensation.     Report  of  wage  board. 

§  5.  If,  after  investigation,  the  commission  is  of  the  opinion  that,  in 
any  occupation,  trade,  or  industry,  the  wages  paid  to  women  and  minors 
are  inadequate  to  supply  the  cost  of  proper  living,  or  the  hours  or 
conditions  of  labor  are  prejudicial  to  the  health,  morals  or  welfare  of 
the  workers,  the  commission  may  call  a  conference,  hereinafter  called 
"wage  board,"  composed  of  an  equal  number  of  representatives  of 
employers  and  employees  in  the  occupation,  trade,  or  industry  in  ques- 


1269  INDUSTRIAL  WELFARE  COMMISSION.      Act  1608,  §  6 

tion,  and  a  representative  of  the  commission  to  be  designated  by  it, 
who  shall  act  as  the  chairman  of  the  wage  board.  The  members  of  such 
wage  board  shall  be  allowed  five  dollars  per  diem  and  necessary  travel- 
ing expenses  while  engaged  in  such  conferences.  The  commission  shall 
make  rules  and  regulations  governing  the  number  and  selection  of  the 
members  and  the  mode  of  procedure  of  such  wage  board,  and  shall  exer- 
cise exclusive  jurisdiction  over  all  questions  arising  as  to  the  validity 
of  the  procedure  and  of  the  recommendations  of  such  wage  board.  The 
proceedings  and  deliberations  of  such  wage  board  shall  be  made  a  mat- 
ter of  record,  for  the  use  of  the  commission,  and  shall  be  admissible  as 
evidence  in  any  proceedings  before  the  commission.  On  request  of  the 
commission,  it  shall  be  the  duty  of  such  wage  board  to  report  to  the 
commission  its  findings,  including  therein: 

1.  An  estimate  of  the  minimum  wage  adequate  to  supply  to  women 
and  minors  engaged  in  the  occupation,  trade  or  industry  in  question, 
the  necessary  cost  of  proper  living  and  to  maintain  the  health  and 
welfare  of  such  women  and  minors. 

2.  The  number  of  hours  of  work  per  day  in  the  occupation,  trade  or 
industry  in  question,  consistent  with  the  health  and  welfare  of  such 
women  and   minors. 

3.  The  standard  conditions  of  labor  in  the  occupation,  trade  or  indus- 
try in  question,  demanded  by  the  health  and  welfare  of  such  women  and 
minors. 

Power  to  fix  wages,  hours,  etc. 

§  6.  (a)  The  commission  shall  have  further  power  after  a  public 
hearing  had  upon  its  own  motion  or  upon  petition,  to  fix: 

1.  A  minimum  wage  to  be  paid  to  women  and  minors  engaged  in  any 
occupation,  trade  or  industry  in  this  state,  which  shall  not  be  less  than 
a  wage  adequate  to  supply  to  such  women  and  minors  the  necessary 
cost  of  proper  living  and  to  maintain  the  health  and  welfare  of  such 
women  and  minors. 

2.  The  maximum  hours  of  work  consistent  with  the  health  and  wel- 
fare of  women  and  minors  engaged  in  any  occupation,  trade  or  industry 
in  this  state;  provided,  that  the  hours  so  fixed  shall  not  be  more  than 
the  maximum  now  or  hereafter  fixed  by  law. 

3.  The  standard  conditions  of  labor  demanded  by  the  health  and  wel- 
fare of  the  women  and  minors  engaged  in  any  occupation,  trade  or 
industry  in   this   state. 

Notice  of  hearing. 

(b)  Upon  the  fixing  of  a  time  and  place  for  the  holding  of  a  hearing 
for  the  purpose  of  considering  and  acting  upon  any  matters  referred 
to  in  subsection  (a)  hereof,  the  commission  shall  give  public  notice  by 
advertisement  in  at  least  one  newspaper  published  in  each  of  the  cities 
of  Los  Angeles  and  Sacramento  and  in  the  city  and  county  of  San 
Francisco,  and  by  mailing  a  copy  of  said  notice  to  the  county  recorder 


Act  1608,  §§  7-9  GENERAL   LAWS.  1270 

of  each  county  in  the  state,  of  such  hearing  and  purpose  thereof,  which 
notice  shall  state  the  time  and  place  fixed  for  such  hearing,  which  shall 
not  be  earlier  than  fourteen  days  from  the  date  of  publication  and 
mailing  of  such  notices. 

Mandatory  order  specifsring  wages. 

(c)  After  such  public  hearing,  the  commission  may,  in  its  discretion, 
make  a  mandatory  order  to  be  effective  in  sixty  days  from  the  making 
of  such  order,  specifying  the  minimum  wage  for  women  or  minors  in  the 
occupation  in  question,  the  maximum  hours;  provided,  that  the  hours 
specified  shall  not  be  more  than  the  maximum  for  women  or  minors  in 
California,  and  the  standard  conditions  of  labor  for  said  women  or 
minors;  provided,  however,  that  no  such  order  shall  become  eflfective 
until  after  April  1,  1914.  Such  order  shall  be  published  in  at  least  one 
newspaper  in  each  of  the  cities  of  Los  Angeles  and  Sacramento  and  in 
the  city  and  county  of  San  Francisco,  and  a  copy  thereof  be  mailed 
to  the  county  recorder  of  each  county  in  the  state,  and  such  copy  shall 
be  recorded  without  charge,  and  to  the  labor  commissioner  who  shall 
send  by  mail,  so  far  as  practicable,  to  each  employer  in  the  occupation 
in  question,  a  copy  of  the  order,  and  each  employer  shall  be  required 
to  post  a  copy  of  such  order  in  the  building  in  which  women  or  minors 
affected  by  the  order  are  employed.  Failure  to  mail  notice  to  the 
employer  shall  not  relieve  the  employer  from  the  duty  to  comply  with 
such  order.  Finding  by  the  commission  that  there  has  been  such  pub- 
lication and  mailing  to  county  recorders  shall  be  conclusive  as  to 
service. 

Order  may  be  rescinded  or  amended. 

§  7.  Whenever  wages,  or  hours,  or  conditions  of  labor  have  been 
so  made  mandatory  in  any  occupation,  trade,  or  industry,  the  commis- 
sion may  at  any  time  in  its  discretion,  upon  its  own  motion  or  upon 
petition  of  either  employers  or  employees,  after  a  public  hearing  held 
upon  the  notice  prescribed  for  an  original  hearing,  rescind,  alter  or 
amend  any  prior  order.  Any  order  rescinding  a  prior  order  shall  have 
the  same  effect  as  herein  provided  for  in  an  original  order. 

License  to  physically  defective, 

§  8.  For  any  occupation  in  which  a  minimum  wage  has  been  estab- 
lished, the  commission  may  issue  to  a  woman  physically  defective  by 
age  or  otherwise,  a  special  license  authorizing  the  employment  of  such 
licensee,  for  a  period  of  six  months,  for  a  wage  less  than  such  legal 
minimum  wage;  and  the  commission  shall  fix  a  special  minimum  wage 
for  such  person.  Any  such  license  may  be  renewed  for  like  periods  of 
six  months. 

Statistics. 

§  9.  Upon  the  request  of  the  commission,  the  labor  commissioner  shall 
cause   such   statistics   and   other   data    and   information   to   be   gathered, 


1271  INDUSTRIAL  WELFARE  COMMISSION.       Act  1608,  §§  10-12 

and  investigations  made,  as  the  commission  may  require.  The  cost 
thereof  shall  be  paid  out  of  the  appropriations  made  for  the  expenses 
of  the  commission. 

Dischaxging  employee  who  testifies,  misdemeanor. 

§  10.  Any  employer  who  discharges,  or  threatens  to  discharge,  or 
in  any  other  manner  discriminates  against  any  employee  because  sneh 
employee  has  testified  or  is  about  to  testify,  or  because  such  employer 
believes  that  said  employee  may  testify  in  any  investigation  or  pro- 
ceedings relative  to  the  enforcement  of  this  act,  shall  be  deemed  guilty 
of  a  misdemeanor. 

Payment  of  less  than  minimum  wage  prohibited.     Penalty. 

§  11.  The  minimum  wage  for  women  and  minors  fixed  by  said  com- 
mission as  in  this  act  provided,  shall  be  the  minimum  wage  to  be  paid 
to  such  employees,  and  the  payment  to  such  employees  of  a-  less  wage 
than  the  minimum  so  fixed  shall  be  unlawful,  and  every  employer  or 
other  person  who,  either  individually  or  as  an  officer,  agent,  or  employee 
of  a  corporation  or  other  person,  pays  or  causes  to  be  paid  to  any  such 
employee  a  wage  less  than  such  minimum,  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  punished  by  a  fine  of 
not  less  than  fifty  dollars,  or  by  imprisonment  for  not  less  than  thii.„ 
days,  or  by  both  such  fine  and  imprisonment. 

Wage  fixed  presumed  reasonable.  Appeal.  Grounds  for  setting  aside 
determination. 
§  12.  In  every  prosecution  for  the  violation  oi  any  provision  of 
this  act,  the  minimum  wage  established  by  the  commission  as  herein 
provided  shall  be  prima  facie  presumed  to  be  reasonable  and  lawful, 
and  to  be  the  living  wage  required  herein  to  be  paid  to  women  and 
minors.  The  findings  of  fact  made  by  the  commission  acting  within  its 
powers  shall,  in  the  absence  of  fraud,  be  conclusive;  and  the  determina- 
tion made  by  the  commission  shall  be  subject  to  review  only  in  a 
manner  and  upon  the  grounds  following:  within  twenty  days  from  the 
date  of  the  determination,  any  party  aggrieved  thereby  may  commence 
in  the  superior  court  in  and  for  the  city  and  county  of  San  Francisco, 
or  in  and  for  the  counties  of  Los  Angeles  or  Sacramento,  an  action 
against  the  commission  for  review  of  such  determination.  In  such 
action  a  complaint,  which  shall  state  the  grounds  upon  which  a  review 
is  sought,  shall  be  served  with  the  summons.  Service  upon  the  secre- 
tary of  the  commission,  or  any  member  of  the  commission,  shall  be 
deemed  a  complete  service.  The  commission  shall  serve  its  answer 
within  twenty  days  after  the  service  of  the  complaint.  With  its 
answer,  the  commission  shall  make  a  return  to  the  court  of  all  docu- 
ments and  papers  on  file  in  the  matter,  and  of  all  testimony  and  evi- 
dence which  may  have  been  taken  before  it,  and  of  its  findings  and  the 
determination.  The  action  may  thereupon  be  brought  on  for  hearing 
before  the  court  upon  such  record  by  either  party  on  ten  days'   notice 


Act  1608,  §§  13-18  GENERAL   LAWS.  1272. 

of  the  other.  Upon  such  hearing,  the  court  may  confirm  or  set  aside 
such  determination;  but  the  same  shall  be  set  aside  only  upon  the  fol- 
lowing  grounds: 

(1)  That  the  commission  acted  without  or  in  excess  of  its  powers. 

(2)  That   the   determination   was   procured   by   fraud. 

Upon  the  setting  aside  of  any  determination  the  court  may  recommit 
the  controversy  and  remand  the  record  in  the  case  to  the  commission 
for  further  proceedings.  The  commission,  or  any  party  aggrieved,  by 
a  decree  entered  upon  the  review  of  a  determination,  may  appeal  there- 
from within  the  time  and  in  the  manner  provided  for  an  appeal  from 
the  orders  of  the  said  superior  court. 

Employee  may  sue  for  impaid  balance. 

§  13.  Anj'  employee  receiving  less  than  the  legal  minimum  wage 
applicable  to  such  employee  shall  be  entitled  to  recover  in  a  civil  action 
the  unpaid  balance  of  the  full  amount  of  such  minimum  wage,  together 
with  costs  of  suit,  notwithstanding  any  agreement  to  work  for  such 
lesser  wage. 

Complaints. 

§  14.  Any  person  may  register  with  the  commission  a  complaint  that 
the  wages  paid  to  an  employee  for  whom  a  living  rate  has  been  estab- 
lished, are  less  than  that  rate,  and  the  commission  shall  investigate 
the  matter  and  take  all  proceedings  necessary  to  enforce  the  payment 
of  a  wage  not  less  than  the  living  wage. 

Biennial  report. 

§  15.  The  commission  shall  biennally  make  a  report  to  the  governor 
and   the   state   legislature   of   its   investigations   and   proceedings. 

Appropriation. 

§  16.  There  is  hereby  appropriated  annually  out  of  the  moneys  of 
the  state  treasurj',  not  otherwise  appropriated,  the  sum  of  fifteen 
thousand  dollars,  to  be  used  by  the  commission  in  carrying  out  the 
provisions  of  this  act,  and  the  controller  is  hereby  directed  from  time 
to  time  to  draw  his  warrants  on  the  general  fund  in  favor  of  the  com- 
mission for  the  amounts  expended  under  its  direction,  and  the  treasurer 
is  hereby  authorized  and  directed  to  pay  the  same. 

Not  board  of  arbitration. 

§  17.  The  commission  shall  not  act  as  a  board  of  arbitration  during 
a   strike   or   lock-out. 

Interpretation  of  act.     Constitutionality. 

§  18.  (a)  Whenever  this  act,  or  any  part  or  section  thereof,  is  inter- 
preted by  a  court,  it  shall  be  liberally  construed  hy  such  court. 

(b)  If  any  section,  subsection,  or  subdivision  of  this  act  is  for  any 
reason   held   to   be   unconstitutional,   such   decision    shall    not    aflfect    the 


1273  INFANTS.  Act  1611,  §§  1-3 

validity  of  the  remaining  portions  of  this  act.  The  legislature  hereby 
declares  that  it  would  have  passed  this  act,  and  each  section,  sub- 
section, subdivision,  sentence,  clause  and  phrase  thereof,  irrespective 
of  the  fact  that  any  one  or  more  sections,  subsections,  subdivisions, 
sentences,  clauses  or  phrases  is  declared  unconstitutional. 

Act  applies  to  all  occupations. 

§  19.  The  provisions  of  this  act  shall  apply  to  and  include  women 
and  minors  employed  in  any  occupation,  trade  or  industry,  and  whose 
compensation  for  labor  is  measured  by  time,  piece  or  otherwise. 

TITLE  231. 

INFANTS. 
ACT  1611. 

An  act  regulating  the  employment  and  hours  of  labor  of  children — pro- 
hibiting the  employment  of  minors  under  certain  ages— prohibiting 
the  employment  of  certain  illiterate  minors — providing  for  the  en- 
forcement hereof  by  the  commission  of  the  bureau  of  labor  statis- 
tics and  providing  penalties  for  the  violation  hereof. 

[Approved  February  20,  1905.     Stats.  1905,  p.  11.] 
Amended    1907,    pp.    598,    978;    1909,    pp.    211,    387;    1911,    pp.    282,    910; 
1913,  p.  364. 

The  amendments  of  1911  and  1913  are  as  follows: 

Hours  of  labor  of  minors  under  eighteen. 

§  1.  No  minor  under  the  age  of  eighteen  years  shall  be  employed  in 
laboring  in  any  manufacturing,  mechanical,  or  mercantile  establishment, 
or  other  place  of  labor,  more  than  eight  hours  in  one  day,  except  when 
it  is  necessary  to  make  repairs  to  prevent  the  interruption  of  the 
ordinary  running  of  the  machinery,  or  when  a  different  apportionment 
of  the  hours  of  labor  is  made  for  the  sole  purpose  of  making  a  shorter 
days'  work  for  one  day  of  the  week,  and  in  no  case  shall  the  hours 
of  labor  exceed  forty-eight  hours  in  a  week.  [Amendment  approved 
June  2,  1913;   Stats.   1913,  p.  365.] 

Also   amended   April    14,    1911    (Stats.    1911,   p.    910). 

Not  to  work  10  P.  M.  to  5  A.  M. 

§  2.  No  minor  under  the  age  of  eighteen  years  shall  be  employed 
or  permitted  to  work  between  the  hours  of  10  o'clock  in  the  evening 
and  5  o'clock  in  the  morning.  [Amendment  approved  June  2,  1913; 
Stats.   1913,   p.   365.] 

Also    amended    March    6,    1911     (Stats.    1911,    p.    283),    and    April    14,    1911 

(Stats.    1911,    p.    910). 

Minor  under  fifteen  not  to  work  in  laundry,  etc. 

§  3.  No  minor  under  the  age  of  fifteen  years  shall  be  employed  in 
any  mercantile  institution,  office,  laundry,  manufacturing  establishment, 


Act  1611,  §§  3a-5  general  laws.  1274 

workshop,   place   of   amusement,   restaurant,   hotel,   apartment   house,   or 
in  the  distribution   or   transmission   of  merchandise   or   messages,  unless 
such  minor  is  supplied  with  a   permit  to  work  as  hereinafter  provided. 
[Amendment  approved  June  2,  1913;  Stats.  1913,  p.  365.] 
Also  amended  April  14,   1911.     (Stats.    1911,    p.    912). 

Remaining  idle  longer  than  two  weeks. 

§  3a.  [Amended  April  14.  1911;  Stats.  1911,  p.  913.  Eepealed  or 
omitted   in   amendment   of   1913.] 

Permit  to  work.     Completed  grammar  school.     Parents  Incapacitated. 

§  4.  The  superintendent  of  schools  of  any  city,  or  of  any  city  and 
county,  or  of  any  county  (over  such  portions  of  any  such  county  as  are 
not  within  the  jurisdiction  of  any  superintendent  of  city  schools)  shall 
have  authority  to  issue  a  permit  to  work  to  any  minor  between  the  ages 
of  twelve  and  fifteen  years,  in  any  of  the  following  circumstances: 

(1)  Where  such  minor  has  completed  the  prescribed  grammar  school 
course,  and  is  physically  fitted  for  the  labor  contemplated;  or 

(2)  Where  upon  the  sworn  statement  being  made  by  the  parent,  or 
foster-parent,  or  guardian,  of  such  minor,  that  such  minor  is  past  the 
age  of  twelve  years,  that  the  parent  or  parents,  or  foster-parent  or 
foster-parents,  or  guardian,  of  such  minor  is  incapacitated  for  labor 
through  illness  or  injury,  or  that  through  the  death  or  desertion  of  the 
father  of  such  minor,  the  family  is  in  need  of  the  earnings  of  such 
minor,  and  that  sufficient  aid  cannot  be  secured  in  any  other  manner. 
The  person  authorized  to  issue  such  permit  shall  make  a  signed  state- 
ment in  granting  such  permit  that  he,  or  a  competent  person  designated 
by  him  for  this  purpose,  has  carefully  investigated  the  conditions  under 
which  the  application  for  such  permit  has  been  asked,  and  has  found 
that  in  his  judgment  the  earnings  of  such  minor  are  necessary  for  such 
family  to  support  such  minor,  and  that  in  his  judgment  sufficient  aid 
cannot  be  secured  in  anv  other  manner.  [Amendment  approved  June 
2,  1913;   Stats.  1913,  p.  3'65.] 

Also    amended    April    14,    1911    (Stats.    1911,    p.    914). 

Kind  of  labor  specified.     Permits. 

§  5.  No  permit  as  specified  in  section  4  of  this  act  shall  be  issued 
except  upon  written  evidence  that  suitable  work  is  waiting  for  such 
minor,  and  such  permit  shall  specify  the  kind  of  labor.  Permits  issued 
under  subdivision  (2)  of  said  section  4  shall  in  no  case  be  issued  for  a 
longer  period  than  shall  seem  necessary,  nor  for  longer  than  six  months, 
at  the  end  of  which  period  such  superintendent  shall  see  that  such 
minor  returns  to  school,  unless  a  new  permit  to  labor  is  issued.  Such 
permit  shall  be  kept  on  file  by  the  person,  firm  or  corporation  employing 
the  minor  therein  designated,  during  the  term  of  said  emploj'ment,  and 
shall  be  given  up  to  such  minor  upon  his  quitting  such  employment. 
Where   such   minor   works   for   himself   and   not   for   others,   such    minor 


1275  INFANTS.  Act  1611,  §  6 

shall  keep  in  his  possession  such  permit.  Such  permit  shall  be  issued 
on  forms  in  accordance  with  this  act,  which  shall  be  prepared  and  pro- 
vided by  the  commissioner  of  the  bureau  of  labor  statistics  of  the  state 
of  California.  Such  permit  shall  be  subject  to  revocation  at  any  time 
by  such  commissioner  of  the  bureau  of  labor  statistics,  or  by  the  au- 
thority issuing  such  permit,  whenever  such  commissioner,  or  the  author- 
ity issuing  such  permit  shall  find  that  the  conditio-ns  for  the  legal 
issuance  of  such  permit  do  not  exist.  Such  permit  shall  be  always  open 
to  the  inspection  of  the  attendance  and  probation  ofificers,  or  of  the 
olficers  of  the  state  bureau  of  labor  statistics.  A  duplicate  copy  of  each 
permit  to  work  granted  under  the  provisions  of  this  act  shall  be  kept 
by  the  person  issuing  such  permit,  such  copy  to  be  filed  with  the  super- 
intendent of  schools  of  the  city,  or  city  and  county,  or  county,  as  the 
ease  may  be;  provided,  that  all  copies  of  permits  issued  between  .Tune 
25th  and  December  25th  of  any  year  shall  be  filed  not  later  than  De- 
cember 31st  of  such  year;  and  those  issued  between  December  25th  and 
June  25th  of  the  ensuing  year  shall  be  filed  net  later  than  .Tune  30th 
of  each  year.  Corresponding  semi-annual  reports  of  all  such  permits 
issued  shall  be  made  by  such  superintendents  in  such  form  as  may  be 
required  by  the  commissioner  of  the  bureau  of  labor  statistics  of  the 
state  of  California.  [Amendment  approved  June  2,  1913;  Stats.  1913, 
p.  365.] 

Also  amended  April  14,   1911    (Stats.   1911,  p.   914). 

Inspection  of  places  of  employment.    Work  during  vacations. 

§  6.  The  attendance  officer  of  any  county,  city  and  county,  or  school 
district  in  which  any  place  of  employment,  in  this  act  named,  is  situated, 
or  the  probation  officer  of  such  county,  shall  have  the  right  and  authority, 
at  all  times  to  enter  into  any  such  place  of  employment  for  the  purpose 
of  investigating  violations  of  the  provisions  of  this  act,  or  violations 
of  the  provisions  of  an  act  entitled  "An  act  to  enforce  the  educational 
rights  of  children  and  providing  penalties  for  the  violation  of  the  act," 
approved  March  24,  1903,  and  any  act  amending  or  superseding  the  same; 
provided,  however,  that  if  such  attendance  or  probation  officer  is  denied 
entrance  to  such  place  of  employment,  any  magistrate  may,  upon  the 
filing  of  an  affidavit  by  such  attendance  or  probation  officer  setting 
forth  the  fact  that  he  has  a  good  cause  to  believe  that  the  provisions 
of  this  act,  or  the  act  hereinbefore  referred  to,  are  being  violated  in 
such  place  of  employment,  issue  an  order  directing  such  attendance  or 
probation  officer  to  enter  said  place  of  employment  for  the  purpose  of 
making  such  investigations;  and  provided,  that  any  such  minor  over 
the  age  of  twelve  years  may  be  employed  at  any  of  the  occupations  men- 
tioned in  this  act  on  the  regular  weekly  school  holidays,  or  during  tho 
regular  vacation  of  the  public  schools  of  the  city,  county,  or  city  and 
countv,  in  which  the  place  of  employment  is'  situated,  uj)on  tho  produc- 
tion Jf  a  permit  signed  by  the  principal,  vice-principal  of  the  school,  or 
secretary  of  the  board  of  school  trustees  or  board  of  education  of  tho 


Act  1611,  §§  7-10  GENERAL   LAWS.  1276 

school  which  such  minor  is  attendinjj,  or  has  attended  during  the  term 
next  preceding  any  such  vacation.  Such  permit  shall  contain  the  name 
and  age  of  the  minor  to  whom  it  is  issued,  and  when  issued  for  the  regu- 
lar vacation,  the  date  of  the  termination  of  the  vacation  for  which  it  is 
issued,  and  in  any  case  shall  be  kept  on  file  by  the  employer  during  the 
period  of  employment,  and  at  the  termination  of  such  employment  shall 
be  returned  to  the  minor  to  whom  it  was  issued.  [Amendment  approved 
June  2,  1913;  Stats.  1913,  p.  366.] 

Also    amended    April    14,    1911     (Stats.    1911,    p.    915). 

Work  during  school  bours. 

§  7.  No  minor  who  is  under  sixteen  years  of  age  shall  be  employed 
or  permitted  to  work  at  any  gainful  occupation  during  the  hours  that  the 
public  schools  of  the  city,  town  or  school  district  in  which  his  place  of 
employment  is  situated  are  in  session,  unless  he  or  she  has  completed  the 
prescribed  grammar  school  course,  or  unless  he  or  she  is  a  regular  attend- 
ant for  the  then  current  term  at  a  regularly  conducted  night  school; 
provided,  however,  that  if  the  bodily  or  mental  condition  of  said  minor 
is  such  as  to  render  inadvisable  attendance  at  school  or  application  to 
study,  a  certificate  from  any  licensed  physician  that  said  minor  should 
not  attend  school  shall  be  sufficient  excuse  for  such  nonattendanee. 
[Amendment  approved  June  2,  1913;  Stats.  1913,  p.  367.] 

Notice  of  hours  of  labor  posted. 

§  8.  Every  person,  firm  or  corporation  employing  minors  under 
eighteen  years  of  age,  in  any  manufacturing  establishment,  shall  post 
and  keep  posted,  in  a  conspicuous  place  in  every  room  where  such  minors 
are  employed,  a  written  or  printed  notice  stating  the  number  of  hours 
per  day  for  each  dav  of  the  week  required  of  such  minors.  [Amendment 
approved  June  2,  1913;  Stats.  1913,  p.  367.] 

Employer  to  keep  record  of  minors  employed. 

§  9.  Every  person,  firm,  or  corporation,  agent  or  officer  of  a  firm  or 
corporation,  employing  or  permitting  minors  under  sixteen  and  over 
fifteen  years  of  age  to  work  in  any  mercantile  institution,  office,  laundry, 
manufacturing  establishment,  workshop,  place  of  amusement,  restaurant, 
hotel,  apartment  house,  or  in  the  distribution  or  transmission  of  mer- 
chandise or  messages,  shall  keep  a  record  of  the  names,  ages,  and  places 
of  residence  of  such  minors,  and  shall  have  on  file  a  certificate  of  age 
and  schooling,  as  provided  in  this  act,  for  every  such  minor  so  emploj'ed, 
said  record  and  certificate  to  be  open  at  all  times  to  the  inspection  of 
the  school  attendance  and  probation  officers  of  the  city  and  county,  city, 
or  county,  in  which  the  place  of  employment  is  situated,  or  of  the  officers 
of  the  state  bureau  of  labor  statistics.  [Amendment  approved  June  2, 
1913;  Stats.  1913,  p.  367.]       - 

Power  to  issue  certificates.     Proceedings  in  report. 

§  10.  An  age  and  schooling  certificate  shall  be  approved  only  by  the 
superintendent  of  schools  of  the  city  or  city  and  county,  or  by  a  person 


1277  INFANTS.  Act  1611,  §  11 

authorized  by  him  in  writing,  or  where  there  is  no  city  or  city  and  county 
sujjerintendent  of  schools,  by  a  person  authorized  by  the  local  school  trus- 
tees; provided,  that  the  superintendent  or  principal  of  any  school  of 
recognized  standing  shall  have  the  right  to  approve  an  age  and  schooling 
certificate,  and  shall  have  the  same  rights  and  powers  as  the  superin- 
tendent of  public  schools  to  issue  the  certificate  herein  provided  for  the 
children  attending  such  schools.  The  person  authorized  to  issue  age  and 
schooling  certificates  shall  have  the  authority  to  administer  the  oaths 
necessary  for  carrying  out  the  provisions  of  this  act,  but  no  fees  shall 
be  charged  for  issuing  such  certificates. 

An  age  and  schooling  certificate  shall  be  issued  only  upon  the  written 
request  of  the  prospective  employer  of  such  minor,  which  written  request 
shall  be  filed  by  the  person  issuing  the  certificate. 

An  age  and  schooling  certificate  shall  not  be  approved  unless  satis- 
factory evidence  is  furnished  by  the  last  school  census,  the  certificate 
of  birth  or  baptism  of  such  minor,  the  public  register  of  birth  of  such 
minor,  or  in  some  other  manner,  that  such  minor  is  of  the  age  stated 
in  such  certificate.  A  duplicate  copy  of  each  age  and  schooling  certifi- 
cate granted  under  the  provisions  of  this  act  shall  be  kept  by  the  person 
issuing  such  certificate,  such  copy 'to  be  filed  with  the  county  superin- 
tendent of  schools  in  the  county  where  the  certificate  is  issued;  provided, 
that  all  such  copies  of  certificates  issued  between  June  25th  and  Decem- 
ber 25th  of  any  year  shall  be  filed  not  later  than  December  31st  of  such 
year;  and  those  issued  between  December  ;^5th  and  June  25th  of  the  en- 
suing year,  shall  be  filed  not  later  than  June  30th  of  each  year.  The 
county  superintendent  of  schools  of  each  county  shall  file  with  the  com- 
missioner of  the  bureau  of  labor  statistics,  a  report  showing  the  number 
of  age  and  schooling  certificates  issued  to  male  and  female  minors  and 
such  other  detailed  information  as  the  commissioner  may  require.  Said 
report  to  be  filed  during  the  months  of  January  and  July  of  each  year 
for  the  preceding  six  months,  ending  June  25th  and  December  25th  of 
each  year,  and  cover  certificates  issued  during  said  periods  and  on  file 
in  the"  otfice  of  the  county  superintendent  of  schools  as  described  in  this 
section.     [Amendment  approved  June  2,  1913;  Stats.  1913,  p.  3G7.] 

Form  of  certificate.     Sigiied  by  father. 

§  11,  Age  and  schooling  certificates  shall  be  issued  on  forms  which 
shall  be  prepared  and  provided  by  the  commissioner  of  the  bureau  of 
labor  statistics  of  the  state  of  California,  and  shall  be  substantially  in 
the  following  form,  to  wit: 

Age  and  schooling  certificate.  This  certifies  that  I  am  the  (father, 
mother,  or  guardian)  of  (name  of  the  minor)  and  that  (he  or  sho)  was 
born  at  (name  of  the  city  or  town),  in  the  county  of  (name  of  county, 
if  known),  and  state  (or  country)  of  (name)  on  the  day  (day  aud  year 
of  birth),  and  is  now  (number  of  years  and  of  months)  old. 

'Signature,  as  provided  in  this  act. 

City  or  town,  and  date. 


Act  1611,  §  12  GENERAL  LAWS.  1278 

There  personally  appeared  before  me  the  above  named  (name  of  per- 
son signing)  and  made  oath  that  the  following  certificate  by  (him  or 
her)  signed  is  true  to  the  best  of  (his  or  her)  knowledge  and  belief. 

I  hereby  approve  the  foregoing  certificate  of  (name  of  minor),  height 
(feet  and  inches),  complexion  (fair  or  dark),  hair  (color),  having  no 
sufficient  reason  to  doubt  that  (he  or  she)  is  of  the  age  therein  certified, 
and  I  herebj^  certify  that  (he  or  she)  (has  or  has  not)  completed  the 
prescribed  grammar  school  course. 

Signature  of  the  person  authorized  to  sign,  with  his  official  character 
and  authority. 

Town  or  city  and  date. 

This  certificate  belongs  to  the  minor  in  whose  behalf  it  is  drawn  and 
it  shall  be  presented  to  (him  or  her)  whenever  (hd  or  she)  leaves  the 
services  of  the  person,  firm,  or  corporation  holding  the  same. 

The  certificate  as  to  the  birthplace  and  age  of  the  minor  under  six- 
teen years  of  age  shall  be  signed  by  his  father,  his  mother,  or  his 
guardian;  if  a  minor  has  no  father,  mother,  or  guardian  living  in  the 
same  city  or  town,  his  own  signature  to  the  certificate  may  be  accepted 
by  the  person  authorized  to  approve  the  same.  Every  person  author- 
ized to  sign  the  certificate  prescribed  tiy  this  act,  who  knowingly  certifies 
to  any  false  statement  therein,  is  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than  five  nor 
more  than  fifty  dollars,  or  by  imprisonment  not  more  than  thirty  days, 
or  by  both  such  fine  and  imprisonment.  [Amendment  approved  June  2, 
1913;  Stats.  1913,  p.  368.] 

Not  to  remain  idle  during  school  hours. 

§  12.  No  minor  having  a  permit  to  work,  as  described  in  sections  3, 
4,  and  5  of  this  act,  and  no  minor  having  an  age  and  schooling  certificate, 
as  described  in  sections  9,  10  and  11  of  this  act,  and  no  other  minor 
under  sixteen  years  of  age,  who  would  by  law  be  required  to  attend 
school,  shall,  while  the  public  schools  are  in  session,  be  and  remain  idle 
and  unemployed  for  a  period  longer  than  two  weeks  but  must  enroll 
and  attend  school;  provided,  that  within  one  week  after  any  minor  hav- 
ing such  a  permit  to  work  or  such  age  and  schooling  certificate  shall 
have  ceased  to  be  employed  by  any  employer,  such  employer  shall,  in 
writing,  giving  the  latest  correct  address  of  such  minor  known  to  such 
employer,  notify  the  county  superintendent  of  schools  of  such  county, 
that  such  minor  is  no  longer  employed  by  such  employer;  and  such  county 
superintendent  of  schools,  shall  thereupon  immediately  notify  the  attend- 
ance officer  having  jurisdiction  in  the  place  of  such  minor's  residence, 
giving  the  said  latest  known  correct  address  of  such  minor,  that  such 
minor  is  neither  at  work  nor  in  school;  and  provided,  further,  that  no 
such  minor  shall  be  permitted  to  cease  school  attendance,  without  secur- 
ing a  permit  to  work,  or  an  age  and  schooling  certificate  as  provided  in 
this  act.     [Amendment  approved  June  2,  1913;  Stats.  1913,  p.  369.] 


1279  INFANTS.  Act  1611,  §§  13, 14 

Penalty.     Fines  paid  into  school  fund. 

§  13.  Any  person,  firm,  corporation,  agent,  or  officer  of  a  firm  or  cor- 
poration that  violates  or  omits  to  comply  with  any  of  the  foregoing  pro- 
visions of  this  act,  or  that  employs  or  suffers  or  permits  any  minor  to  be 
employed  in  violation  thereof,  is  guilty  of  a  misdemeanor,  and  shall, 
upon  conviction  thereof,  be  punished  by  a  fine  of  not  less  than  fifty 
dollars  or  more  than  two  hundred  dollars,  or  by  imprisonment  for  not 
more  than  sixty  days,  or  by  both  such  fine  and  imprisonment,  for  each 
and  every  offense.  A  failure  to  produce  any  age  and  schooling  certifi- 
cate or  permit  to  work  or  to  post  any  notice  required  by  this  act,  shall 
be  prima  facie  evidence  of  the  illegal  employment  of  any  minor  whose 
age  and  schooling  certificate  or  permit  to  work  is  not  produced,  or  whose 
name  is  not  so  posted.  Any  fine  collected  under  the  provisions  of  this 
act  shall  be  paid  into  the  school  funds  of  the  county,  or  city,  or  city  and 
county  in  which  the  offense  occurred;  except  such  fine«  imposed  and  col- 
lected as  the  result  of  prosecutions  by  the  officers  of  the  bureau  of  labor 
statistics.  In  such  cases  one  half  of  the  resultant  fine  or  fines  shall  be 
paid  into  the  state  treasury  and  credited  to  the  contingent  fund  of  the 
bureau  of  labor  statistics,  and  one-half  paid  into  the  school  funds  of 
the  county,  or  city,  or  city  and  county  in  which  the  offense  occurred. 
[Amendment  approved  June  2,  1913;  Stats.  1913,  p.  369.] 

Agricultural,  etc.,  employment  not  prohibited.     Theaters. 

§  14.  Nothing  in  this  act  shall  be  construed  to  prohibit  the  employ- 
ment of  minors  at  agricultural,  horticultural,  or  viticultural,  or  domestic 
labor  during  the  time  the  public  schools  are  not  in  session,  or  during 
other  than  school  hours.  For  the  purpose  of  this  act,  horticultural  shall 
be  understood  to  include  the  curing  and  drying,  but  not  the  canning,  of 
all  varieties  of  fruit.  Nor  shall  anything  in  this  act  be  construed  to 
prohibit  any  minor  between  the  ages  of  fifteen  and  eighteen  years,  who 
is  by  any  statute  or  statutes  of  the  state  of  California,  now  or  here- 
after in  force,  permitted  to  be  employed  as  an  actor,  or  actress,  or  i)er- 
former  in  a  theater,  or  other  place  of  amusement,  previous  to  the  hour  of 
10  o'clock  P.  M.,  in  the  presentation  of  a  performance,  play  or  drama, 
continuing  from  an  earlier  hour  till  after  the  hour  of  10  o'clock  P.  M., 
from  performing  his  or  her  part  in  such  presentation  as  such  employee 
between  the  hours  of  10  and  12  o'clock  P.  M.;  provided,  the  written  con- 
sent of  the  commissioner  of  the  bureau  of  labor  statistics  is  first  ob- 
tained. Nor  shall  anything  in  this  act  prevent,  or  be  construed  to  pro- 
hibit, the  employment  of  anv  minor,  whether  resident  or  nonresident,  in 
the  presentation  of  a  drama"  or  dramatic  play  with  the  written  consent 
of  the  commissioner  of  the  bureau  of  labor  statistics,  but  no  such  con- 
sent shall  be  given  .unless  the  officer  giving  it  is  satisfied  that  the  en- 
vironment in  which  the  drama  or  dramatic  play  is  to  be  produced  is  a 
proper  environment  for  the  minor,  and  that  the  conditioPH  of  such  em- 
ployment are  not  detrimental  to  the  health  of  such  minor,  and  that  the 
minor's   education   will   not  be   neglected   or  hampered   by   its   participa- 


Acts  1623, 1624  general  laws.  1280 

tion  in  such  drama  or  dramatic  play,  and  every  sucli  written  consent 
shall  specify  the  name  and  age  of  the  minor  together  with  such  other 
facts  as  may  be  necessary  for  the  proper  identification  of  such  minor, 
and  the  dates  when,  and  the  theaters  or  other  places  of  amusement  in 
which,  such  dramas  or  dramatic  plays  are  to  be  produced,  and  shall 
specify  the  dramas  or  dramatic  plays  in  which  the  minor  is  permitted 
to  participate,  and  every  such  consent  shall  be  revocable  at  the  will 
of  the  officer  giving  it.  [Amendment  approved  June  2,  1913;  Stats. 
1913,  p.  370.] 

Duty  of  labor  commissioner. 

§  15.  The  bureau  of  labor  statistics  shall  enforce  the  provisions  of 
this  act.  The  commissioner,  his  deputies  and  agents,  shall  have  all  the 
powers  and  authority  of  sheriffs  or  other  peace  officers,  to  make  arrests 
for  violations  of  the  provisions  of  this  act,  and  to  serve  any  process 
or  notice  throughout  the  state.  [Amendment  approved  June  2,  1913; 
Stats.  1913,  p.  371.] 

Citations.     App.  11/152. 

ACT  1623. 

An  act  to  prohibit  minors  under  the  age  of  eighteen  years  to  vend  and 
sell  goods,  engage  in,  or  conduct  any  business  between  the  hours 
of  10  o'clock  in  the  evening  and  5  o'clock  in  the  morning,  and  pro- 
viding  penalties   for    violations   thereof. 

[Approved  May  1,   1911.     Stats.   1911,  p.   1341.] 

Unlawful  for  minor  under  eighteen  to  conduct  business  between  10  P.  M. 
and  5  A.  M. 
§  1.     It   shall  be  unlawful  for  any  minor  under  the  age  of  eighteen 
years  to  vend  and  sell  goods,  engage  in,  or  conduct  any  business  between 
the  hours  of  10  o'clock  in  the  evening  and  5  o'clock  in  the  morning. 

Punishment  for  violation  of  statute. 

§  2.  Any  person  violating  any  of  the  provisions  of  this  act  shall 
be  guilty  of  a  misdemeanor  and  shall,  upon  conviction  thereof,  be  pun- 
ished by  a  fine  of  not  more  than  twenty  dollars,  or  by  imprisonment  for 
not  more  than  ten  days,  or  by  both  such  fine  and  imprisonment  for  each 
offense. 

TITLE   231a. 

INITIATIVE  AND  EEFERENDUM. 
ACT  1624. 

An  act  to  provide  for  direct  legislation  by  cities  and  towns,  including 

initiative    and    referendum. 

[Approved  January  2,  1912.     Stats.  Ex.  Sess.  1911,  p.  131.] 


1281  INITIATIVE  AND  REFERENDUM.  Act  1624,  §  1 

Direct  legislation  by  municipal  corporations.  Initiative.  Ordinance  pro- 
posed by  electors.  Elections.  Procedure.  Submission  of  ordinance 
passed  by  legislative  body. 
§  1.  Ordinances  may  be  enacted  by  and  for  any  incorporated  city  or 
town  of  the  state  in  the  manner  following:  Any  proposed  ordinance  may 
be  submitted  to  the  legislative  body  of  such  city  or  town  by  a  petition 
filed  with  the  clerk  of  such  legislative  body  after  being  signed  by  quali- 
fied electors  of  the  city  or  town  not  less  in  number  than  the  percentages 
hereinafter  required.  The  signatures  to  the  petition  need  not  all  be  ap- 
pended to  one  paper.  Each  signer  shall  add  to  his  signature  his  place 
of  residence  and  occupation,  giving  street  and  number,  where  such  street 
and  number,  or  either,  exist,  and  if  no  street  or  number  exist,  then  such 
a  designation  of  the  place  of  residence  as  will  enable  the  location  to  be 
readily  ascertained.  Each  such  separate  paper  shall  have  attached  there- 
to an  afiidavit  made  by  a  qualified  elector  of  the  city  or  town,  and  sworn 
to  before  an  officer  competent  to  administer  oaths,  stating  that  the 
affiant  circulated  that  particular  paper  and  saw  written  the  signatures 
appended  thereto;  and  that  according  to  the  best  information  and  belief 
of  the  affiant,  each  is  the  genuine  signature  of  the  person  whose  name 
purports  to  be  thereunto  subscribed,  and  of  a  qualified  elector  of  the 
city  or  town.  Within  ten  days  from  the  date  of  filing  such  petition,  the 
clerk  shall  examine,  and  from  the  records  of  registration,  ascertain 
whether  or  not  said  petition  is  signed  by  the  requisite  number  of  qualified 
electors,  and  he  shall  attach  to  said  petition  his  certificate  showing  the 
result  of  said  examination.  If  by  the  clerk's  certificate  the  petition  is 
shown  to  be  insufficient,  it  may  be  supplemented  within  ten  days  from 
the  date  of  such  certificate  by  the  filing  of  additional  papers,  duplicates 
of  the  original  petition  except  as  to  the  names  signed.  The  clerk  shall, 
within  ten  days  after  such  supplementing  papers  are  filed,  make  like 
examination  of  the  supplementing  petition,  and  if  his  certificate  shall 
show  that  all  the  names  to  such  petition,  including  the  supplemental 
papers,  are  still  insufficient,  no  action  on  the  petition  shall  be  mandatory 
on  the  legislative  body;  but  the  petition  shall  remain  on  file  as  a  public 
record;  and  the  failure  to  secure  sufficient  names  shall  be  without 
prejudice  to  the  filing  later  of  an  entirely  new  petition  to  the  same  or 
similar  effect.  If  the  petition  shall  be  found  to  be  sufficient,  the  clerk 
shall  submit  the  same  to  the  legislative  body  at  its  next  regular  session. 
If  the  petition  accompanying  the  proposed  ordinance  be  signed  by  elec- 
tors not  less  in  number  than  twenty  per  cent  of  the  entire  vote  cast 
within  such  city  or  town  for  all  candidates  for  governor  of  the  state, 
at  the  last  preceding  general  election  at  which  such  governor  was  voted 
for,  and  contains  a  request  that  such  ordinance  be  submitted  forthwith 
to  a  vote  of  the  people  at  a  special  election,  then  the  legislative  body 
shall  either: 

(a)   Pass  such   ordinance  without  alteration   at  the  regular  session  at 
which  it  is  presented  and  within  ten  days  after  it  is  presented;  or, 
81 


Act  1624,  §  1  GENERAL   LAWS.  1282 

(b)  Forthwith,  the  legislative  body  shall  proceed  to  call  a  special 
election  at  which  such  ordinance,  without  alteration,  shall  be  submitted 
to  a  vote  of  the  electors  of  the  city  or  town. 

If  the  petition  be  signed  by  electors  not  less  in  number  than  ten  per 
cent  of  the  entire  vote  cast  for  all  such  candidates  for  governor  at  the 
last  preceding  election  when  such  candidates  for  governor  were  voted 
for,  and  the  ordinance  petitioned  for  is  not  required  to  be,  or  for  any 
reason  is  not,  submitted  to  the  electors  at  a  special  election,  and  is  not 
passed  without  change  by  said  legislative  body,  then  such  ordinance, 
without  alteration,  shall  be  submitted  by  the  legislative  body  to  a  vote 
of  the  electors  at  the  next  regular  municipal  election.  The  ballots  used 
when  voting  upon  said  proposed  ordinance  shall  have  printed  thereon  the 
words  "Shall  the  ordinance  (stating  the  nature  thereof)  be  adopted]" 
Opposite  such  proposition  to  be  voted  on,  and  to  the  right  thereof,  the 
words  "Yes"  and  "No"  shall  be  printed  on  separate  lines,  with  voting 
squares.  If  an  elector  shall  stamp  a  cross  (X)  in  the  voting  square 
after  the  printed  word  "Yes,"  his  vote  shall  be  counted  in  favor  of  the 
adoption  of  the  ordinance,  and  if  he  shall  stamp  a  cross  (X)  in  the  voting 
square  after  the  printed  word  "No,"  his  vote  shall  be  counted  against 
the  adoption  of  the  same.  If  a  majority  of  the  qualified  electors  voting 
on  said  proposed  ordinance  shall  vote  in  favor  thereof,  such  ordinance 
shall  thereupon  become  a  valid  and  binding  ordinance  of  the  city  or 
town,  and  be  considered  as  adopted  upon  the  date  that  the  vote  is  can- 
vassed and  declared  by  the  canvassing  board,  and  go  into  efifect  ten 
days  thereafter.  Such  ordinance  shall  have  the  same  force  and  effect 
as  one  passed  by  the  legislative  body  of  the  cit}'  or  town,  except  that  no 
ordinance  proposed  by  petition  as  in  this  section  provided,  and  there- 
after passed  by  the  vote  of  the  legislative  body  of  the  city  or  town  with- 
out submission  to  a  vote  of  the  people,  or  voted  upon  and  adopted  by 
the  people,  shall  be  repealed  or  amended  except  by  a  vote  of  the  people, 
unless  provision  otherwise  be  made  in  the  ordinance  itself.  Any  number 
of  proposed  ordinances  may  be  voted  upon  at  the  same  election  in  accord- 
ance with  the  provisions  of  this  statute;  provided,  that  there  shall  not 
be  held  under  this  statute  more  than  one  special  election  in  any  period 
of  six  months.  If  any  measure  be  submitted  upon  an  initiative  petition 
of  registered  voters,  as  hereinbefore  provided,  the  persons  filing  said 
petition  shall  have  the  right,  if  they  so  choose,  to  present  and  file  there- 
with a  written  argument  in  support  thereof  not  exceeding  three  hundred 
words  in  length,  which  argument  shall  be  printed  upon  the  sample  ballot 
issued  for  said  election.  Upon  the  same  ballot  shall  also  be  printed  any 
argument  of  not  exceeding  three  hundred  words  in  length  in  opposition 
thereto  which  may  be  prepared  by  the  legislative  body.  If  the  provi- 
sions of  two  or  more  ordinances  adopted  at  the  same  election  conflict, 
then  the  ordinance  receiving  the  highest  number  of  affirmative  votes 
shall  control.  The  legislative  body  of  the  city  or  town  may  submit  to 
the  people,  without  a  petition  therefor,  a  proposition  for  the  repeal  of 
any  adopted  ordinance,  or  for  amendments  thereto,  or  for  the  enactment 


'11283  nsriTiATiVE  and  referendum.  Act  1624,  §  1 

of  any  new  ordinance,  to  be  voted  upon  at  any  succeeding  regular  or 
special  municipal  city  or  town  election,  and  if  such  proposition  so  sub- 
mitted receive  a  majority  of  the  votes  cast  thereon  at  such  election,  such 
ordinance  shall  be  repealed,  amended  or  enacted  accordingly.  Whenever 
any  ordinance  or  proposition  is  required  by  this  statute  to  be  submitted 
to  the  voters  of  a  city  or  town  at  any  election,  the  clerk  of  the  legisla- 
tive body  shall  cause  the  ordinance  or  proposition  to  be  printed  and  he 
shall  mail  a  copy  thereof,  inclosed  in  an  envelope  with  a  sample  ballot 
to  each  voter  at  least  ten  days  prior  to  the  election.  All  the  provisions 
of  this  statute  are  to  be  liberally  construed  for  the  purpose  of  ascer- 
taining and  enforcing  the  will  of  the  electors.  The  enacting  clause  of 
an  ordinance  passed  by  the  vote  of  the  electors  shall  be  substantially  in 

the  following  form:  "The  people  of  the  city  (or  town)  of  do  ordain 

as  follows:".  When  a  special  election  is  to  be  called  under  the  terms  of 
this  section,  it  shall  be  held  not  less  than  thirty  nor  more  than  sixty  days 
after  the  date  of  the  presentation  of  the  proposed  ordinance  to  the  legis- 
lative body,  and  shall  be  held  as  nearly  as  may  be  in  accordance  with 
the  election  laws  of  the  state;  provided,  however,  that,  to  avoid  holding 
more  than  one  such  election  within  any  six  months,  the  date  for  holding 
such  special  election  may  be  fixed  later  than  sixty  days,  but  at  as  early 
a  date  as  practicable  after  the  expiration  of  such  six  mouths;  provided, 
further,  that  when  under  any  of  the  terms  of  this  statute  fixing  the  time 
within  which  a  special  election  shall  be  held  it  is  made  possible  to  hold 
the  same  within  six  months  prior  to  a  regular  municipal  election,  the 
legislative  body  may  in  its  discretion,  submit  the  proposed  ordinance  at 
such  regular  election  instead  of  at  a  special  election.  Except  an  ordi- 
nance calling  or  otherwise  relating  to  an  election,  no  ordinance  passed 
by  the  legislative  body  of  a  city  or  town,  except  when  otherwise  specially 
required  by  the  laws  of  the  state,  and  except  an  ordinance  for  the  im- 
mediate preservation  of  the  public  peace,  health  or  safety,  which  con 
tains  a  declaration  of,  and  the  facts  constituting  its  urgency  and  is 
passed  by  a  four-fifths  vote  of  the  legislative  body  of  a  city  or  town, 
and  no  ordinance  granting  a  franchise  shall  go  into  effect  before  thirty 
days  from  its  final  passage;  and,  if,  during  said  thirty  days,  a  petition, 
signed  by  qualified  voters  of  the  city  or  town  equal  to  ten  per  cent 
of  the  entire  vote  cast  therein  for  ail  candidates  for  governor  of  the 
state  at  the  last  preceding  general  election  at  which  a  governor  was 
voted  for,  protesting  against  the  passage  of  such  ordinance,  be  presented 
to  the  legislative  bodv,  the  same  shall  thereupon  be  suspended  from  going 
into  operation,  and  it  shall  be  the  duty  of  the  legislative  body  to  recon- 
sider such  ordinance.  If  said  legislative  body  shall  thereupon  not  en- 
tirely repeal  said  ordinance,  it  shall  submit  the  same  to  a  vote  of  the 
electors  either  at  a  regular  municipal  election  or  a  special  election  to 
be  called  for  the  purpose,  and  such  ordinance  shall  not  go  into  offect 
or  become  operative  unless  a  majority  of  the  voters  voting  upon  the 
same  shall  vote  in  favor  thereof.  Such  petitions  and  the  i-rovisions  of 
the  law  relative  to  the  duty  of  the  clerk  in  regard  thereto  and  the  man- 


Act  1628a  general  laws.  1284 

ner  of  voting  thereon,  shall  conform  to  the  rules  provided  herein  for  the 
initiation   of  legislation  by  the   electors. 

In  cities  or  towns  having  a  mayor  (or  like  officer)  with  the  veto  power, 
the  passage  of  an  ordinance  petitioned  for  by  the  electors,  followed 
by  its  veto  by  the  mayor  (or  like  officer)  and  the  failure  of  the  legis- 
lative body  to  pass  the  same  over  such  veto,  shall  be  deemed  and 
treated  as  a  refusal  of  the  legislative  body  to  pass  the  ordinance,  within 
the  meaning  of  this  statute;  and  a  vote  of  the  legislative  body  in  favor 
of  the  repeal  of  an  ordinance  previously  passed  (but  protested  against 
by  the  electors  as  herein  provided  for)  followed  by  a  veto  of  such 
repeal  by  the  mayor  (or  like  officer)  and  the  ^failure  of  the  legislative 
body  to  pass  said  repeal  over  said  veto,  shall  be  deemed  and  treated  as 
a  refusal  to  repeal  the  ordinance  so  protested  against.  In  such  city  or 
town  the  date  of  approval  of  an  ordinance  by  the  mayor  or  like  officer 
(or  of  the  expiration  without  his  action  thereon  of  the  time  within 
which  he  may  veto  the  same,  if  such  expiration  of  time  for  his  action 
without  his  approval  or  veto  has  the  effect  of  making  the  ordinance 
a  law)  shall  be  deemed  the  date  of  final  passage  of  the  ordinance  by 
the  legislative  body,  within  the  meaning  of  this  statute.  Any  duty 
herein  in  terms,  or  by  reasonable  implication,  imposed  upon  the  legis- 
lative body  in  regard  to  calling  an  election,  or  in  connection  therewith, 
shall  be  likewise  imposed  upon  any  maj'or,  or  any  other  officer  having 
any  duty  to  perform  connected  with  the  elections,  so  far  as  may  be 
necessary  to  fully  carry  out  the  provisions  of  this  statute. 

Application  of  act  to  chartered  cities. 

§  2.  This  act  is  not  intended  to  apply  to  those  cities  having  a  free- 
holders' charter  adopted  and  ratified  under  the  provisions  of  section  S 
of  article  11  of  the  constitution,  and  having  in  such  charter  provision 
for  the  direct  initiation  of  ordinances  by  the  electors. 

Repeal  of  former  law. 

§  3.  Sections  2  and  3  of  the  act  approved  March  14,  1911,  entitled 
"An  act  adding  three  new  sections  to  an  act  entitled  'An  act  to  pro- 
vide for  the  organization,  incorporation  and  government  of  municipal 
corporations,'  approved  March  13,  1883,  to  be  numbered  10,  11  and  12 
and  relating  to  the  government  of  municipal  corporations  and  providing 
for  the  recall,  initiative  and  referendum,"  are  hereby  repealed. 

TITLE  232. 
INSANE. 
ACT  1628a> 

An  act  appropriating  money  for  building  and  furnishing  a  cottage  for 

female  working  patients  at  Agnews  State  Hospital. 

[Approved  June  7,  1913.     Stats.   1913,  p.  857.] 


1285  INSANE.  Act  1637c,  §§  1-5 

Appropriation,     Cottage  for  female  working  patients,  Agnews. 

§  1.  The  sum  of  sixty  thousand  dollars  or  so  much  thereof  as  may 
be  necessary,  is  hereby  appropriated  out  of  any  money  in  the  state 
treasury  not  othervvise  appropriated,  to  be  used  in  accordance  with  law 
for  building  aod  furnishing  a  cottage  for  female  working  patients  at 
the  Agnews  State  Hospital 

Not  more  than  the  sum  of  seventy-five  hundred  dollars  of  the  amount 
herein  appropriated  shall  be  used  for  furnishing  said  building. 

ACT  1637c. 

An  act  to  provide  for  the  establishment  of  a  state  hospital  for  the  insane 
and  providing  for  commitment  thereto  and  management  thereof,  and 
making  an  appropriation  therefor. 

[Approved  June  7,  1913.     Stats.  1913,  p.  884.] 

Hospital  for  insane  established  in  southern  California. 

§  1.  A  state  hospital  shall  be  established  in  southern  California, 
preferably  near  to  the  seacoast,  for  the  care  of  the  insane. 

Commission  created  for  building. 

§  2.  A  commission  composed  of  the  governor,  lieutenant-governor, 
state  engineer,  the  general  superintendent  of  the  state  hospitals,  and  a 
member  of  the  Psychopathic  Association  of  California,  to  be  appointed 
by  the  governor,  is  hereby  created  and  is  hereby  authorized  to  select 
and  purchase  a  suitable  site,  accept  the  plans  and  direct  the  engineering 
department  to  erect  the  necessary  buildings  as  and  for  a  hospital  for 
insane  persons. 

Commitments. 

§  3.  Upon  the  completion  of  such  state  hospital,  insane  persons  may 
be  committed  or  admitted  thereto  in  the  manner  provided  by  law  for 
the  commitment  of  insane  persons,  and  for  the  admission  of  insane  per- 
sons, under  special  agreements,  to  state  hosj)itals  for  the  insane. 

Management  as  provided  by  law. 

§  4.  Upon  the  adoption  of  plans  as  herein  provided  for  such  institu- 
tion, the  commission  herein  created  shall  cease  to  exist  and  the  control 
and  management  of  said  institution  as  a  hospital  for  the  insane  shall 
be  continued  as  and  in  the  manner  provided  by  law  for  the  control,  man- 
agement and  operation  of  state  hospitals  for  the  care  of  the  insane. 

Title  to  land  and  water  rights. 

§  5.  Title  to  land  and  water  rights  thereunto  appertaining  arqnirod 
in  pursuance  of  this  act  shall  be  approved  by  the  attorney  general  and 
shall  be  taken  in  the  name  of  the  state  of  California.  The  deeds  there- 
for shall  be  filed  with  the  secretary   oi  state. 


Acts  1667-1672b  general  laws.  1286 

Appropriation. 

S  6.  There  is  hereby  appropriated  from  the  funds  of  the  state  not 
otherwise  appropriated  the  sum  of  two  hundred  and  fifty  thousand  dol- 
lars to  be  used  for  the  purchase  of  a  site  together  with  water  rights 
for  said  hospital  and  the  erection  and  equipment  of  buildings  and  im- 
provements thereon.  Not  more  than  ninety  thousand  dollars  of  the 
money  herein  appropriated  shall  be  used  for  the  purchase  of  said  site 
and  water  rights.  Said  site  shall  contain  not  less  than  three  hundred 
acres  of  tillable  land. 

TITLE  235. 
INSURANCE. 
ACT  1667. 

To  provide  for  the  organization   and   management   of  county  fire  insur- 
ance companies. 
[Stats.  1897,  p.  439.] 
Amended  1907,  p.   941;    1909,  p.  912;    1911,   p.   1339. 

The  amendment  of  1911  is  as  follows: 

Irisuring  outside  county  and  in  municipalities. 

§  10.  No  such  company  shall  insure  any  property  beyond  the  limits 
of  the  county  wherein  the  said  company  is  organized,  except  that  a  com- 
pany may  insure  in  any  county  next  adjoining  the  county  wherein  such 
company  is  organized. 

Nor  shall  any  such  company  issue  policies  on  property  situated  within 
the  corporate  limits  of  any  city  or  town  in  excess  of  four  thousand  five 
hundred  dollars  on  any  one  risk,  under  one  or  more  policies.  No  adjoin- 
ing risks  can  be  taken  by  such  company  unless  a  clear  space  of  at  least 
one  hundred  and  fifty  feet  intervenes,  and  such  intervening  space  must 
continue  at  not  less  than  one  hundred  feet  during  the  life  of  the  policy. 
Nor  shall  any  risk  be  taken  on  any  building  closer  than  one  hundred 
feet  to  any  business  property;  provided,  the  amount  of  the  insurance 
shall  not  exceed  seventy-five  per  cent  of  the  value  of  the  property,  and 
no  additional  insurance  shall  be  allowed.  [Amendment  approved  May  1, 
1911;  Stats.  1911,  p.  1339.] 

ACT  1672. 

An  act  providing  for  the   organization   and   management  of  mutual   fire 

insurance     companies.      [Approved     March     19,     1907.     Stats.     1907, 

p.  631.] 

Repealed   1911,   p.    1342.      See  next   act. 

ACT  1672b. 

An  act  providing  for  the  organization  and  management  of  mutual  fire 
insurance  corporations  and  associations  and  defining  the  same,  and 
regulating  the  transaction  of  the  business  of  mutual  fire  insurance 


1287  INSURANCE.       Act  1672b,  §§  1-5 

in  the  state  of  Ca]ifornia,  and  repealing  an  act  entitled  "An  act  pro- 
viding for  the  organization  and  management  of  mutual  fire  insurance 
companies,"  approved  March  19,  1907. 

[Approved  May   1,  1911.     Stats.   1911,  p.   1342.] 

Mutual  fire  insurance  corporations. 

§  1.  Private  corporations  or  associations  may  be  formed  for  a  term 
to  be  stated  in  their  articles  not  exceeding  fifty  years  for  the  purpose 
of  insuring  the  property  of  their  members  against  loss  or  damage  by  fire 
in  accordance  with  this  act,  and  not  otherwise. 

Trustees  to  adopt  by-laws. 

§  2.  The  trustees  or  directors  of  any  corporation  or  association  shall 
adopt  such  by-laws  not  in  conflict  with  the  laws  of  this  state,  as  they 
may  deem  proper  for  the  government  of  its  affairs  and  the  conduct  of 
its  business.  Such  by-laws  shall  provide  for  the  liability  of  its  members 
in  accordance  with  the  provisions  of  this  act. 

Each  member  liable. 

§  3.  Each  person  or  partnership  or  corporation  accepting  a  policy  in 
any  such  mutual  insurance  corporation  or  association  shall  thereby  be- 
come a  member  of  such  corporation  or  association  and  shall  be  liable  for 
his  proportionate  share  of  losses  and  operating  expenses  as  hereinafter 
provided. 

No  policy  issued  until  five  hundred  thousand  dollars  is  subscribed  for. 

§  4.  No  policy  shall  be  issued  by  any  such  corporation  or  association 
until  not  less  than  five  hundred  thousand  (500,000)  dollars  of  insurance 
in  not  less  than  five  hundred  separate  risks  have  been  subscribed  for  and 
are  entered  upon  its  books,  nor  until  it  has  collected  from  insurance 
premiums,  and  then  has  on  hand  not  less  than  ten  thousand  (10,000) 
dollars  in  cash  over  and  above  all  liabilities  other  than  reinsurance 
reserve  as  specified  in  section  13  of  this  act,  and  also  contingent  funds 
consisting  of  the  liability  of  its  members  liable  to  assessment,  in  addi- 
tion to  cash  premiums  collected,  amounting  to  not  less  than  fifty  thousand 
(50,000)  dollars,  such  liability  to  be  shown  in  the  signed  applications  of 
its  members. 

Limit  of  expenses. 

§  5.  The  expenses,  including  commissions  and  fees  to  agents  and  om- 
cers  of  any  calendar  year,  of  any  such  corporation  or  association  organ- 
ized or  operating  under  this  act  shall  be  limited  to  thirty  per  cent  of 
what  is  left  of  the  gross  premiums  actually  received  during  that  year, 
after  deducting  from  such  premiums  the  return  premiums  and  reinsuranco 
paid  out  by  or  for  which  the  corporation  or  association  has  become  liable 
during  the  vear.  A  violation  of  this  provision  shall  render  the  oflicer» 
and  directors  and  all  persons  having  similar  powers  jointly  and  si'verally 
liable  to  such  company  for  any  amount  used  for  expenses  in  excess  of 


Act  1672b,  §§  6, 7  general  laws.  1288 

the  amount  provided  for  in  this  section.  In  the  event  that  such  com- 
pany fails  or  refuses  to  recover  such  moneys  so  paid,  the  insurance 
commissioner  may  sue  for  and  recover  the  same  from  any  one  or  all 
of  the  officers  or  directors  and  all  persons  having  similar  powers  of  such 
company  for  the  benefit  of  its  policy-holders.  No  officer  or  other  person 
whose  duty  it  is  to  determine  the  character  of  the  risks,  and  upon  whose 
decision  the  application  shall  be  accepted  or  rejected  by  such  corpora- 
tion shall  receive  as  any  part  of  his  compensation  a  commission  upon 
the  premiums,  but  his  compensation  shall  be  a  fixed  salary  and  such 
share  of  the  net  profits  as  the  directors,  and  all  persons  having  similar 
powers  may  determine. 

Policies  not  to  exceed  term  of  five  years  and  amount  of  twenty-five  hun- 
dred dollars. 
§  6,  Such  corporation  or  association  may  issue  policies  for  a  term  not 
exceeding  five  years;  provided,  the  term  of  any  policy  does  not  exceed 
the  time  limited  for  the  existence  of  the  charter  or  articles  of  associa- 
tion. No  policy  or  policies  shall  be  for  an  amount  in  excess  of  twenty- 
five  hundred  (2500)  dollars  on  any  one  risk,  unless  protected  by  reinsur- 
ance in  companies  having  sufficient  assets  and  surplus  to  entitle  such 
companies  to  be  permitted  to  do  business  in  the  state  of  California;  pro- 
vided, however,  that  one  thousand  (1000)  dollars  additional  insurance 
may  be  written  on  any  one  risk  for  each  million  dollars  of  total  insur- 
ance outstanding  on  the  books  of  the  corporation  or  association  in  excess 
of  one  million  dollars;  provided,  further,  that  two  or  more  buildings 
situated  in  the  same  city  block,  or  separated  by  less  than  one  hundred 
feet  shall  be  deemed  to  be  one  risk. 

Mutual  corporation  to  file  statement  with  insurance  commissioner. 

§  7.  Any  mutual  fire  insurance  corporation  or  association  without 
subscribed  capital  or  guarantee  fund  organized  under  the  laws  of  some 
other  state  desiring  to  transact  business  in  this  state  shall  file  with  the 
insurance  commissioner  its  last  financial  statement,  showing  its  condition 
on  December  31st,  next  preceding  the  date  of  its  application  for  admis- 
sion, signed  by  its  president  and  secretary  under  oath,  and  showing  that 
it  is  possessed  of  cash  assets  of  not  less  than  two  hundred  thousand 
(200,000)  dollars,  of  which  not  less  than  fifty  thousand  (50.000)  dollars 
shall  be  net  cash  surplus  over  and  above  all  liabilities,  including  its 
reinsurance  reserve  as  provided  in  section  13  of  this  act.  Also  a  certifi- 
cate from  the  insurance  commissioner  of  the  state  in  which  said  cor- 
poration or  association  is  incorporated,  certifying  that  in  the  judgment 
of  the  state  insurance  commissioner  the  statement  is  correct  and  that 
the  corporation  or  association  is  possessed  of  two  hundred  thousand 
(200,000)  dollars  cash  assets,'  of  which  not  less  than  fifty  thousand 
(50,000)  dollars  is  such  net  cash  surplus.  The  insurance  commissioner 
of  this  state  upon  receipt  and  examination  of  such  statement  and  certifi- 
cate   and    upon    satisfying   himself    of    the    correctness    thereof    and    of 


1289  INSURANCE.       Act  1672b,  §§  8-10 

compliance  with  the  law  of  this  state  applicable  as  shown  by  this  act 
shall  issue  to  such  corporation  or  association  a  certificate  of  authority 
granting  it  full  power  to  transact  business  under  this  act. 

Policy-holders  liable  for  assessment. 

§  8.  Each  poliey-holder  shall  be  liable  to  pay  his  proportionate  share 
of  any  assessment  which  may  be  levied  by  any  such  corporation  or  asso- 
ciation and  in  accordance  witJi  the  law  and  his  contract,  on  account  of 
losses  and  expenses  incurred  while  he  is  a  member.  Any  such  corporation 
or  association  shall  charge  and  collect  upon  its  policies  the  full  premium 
in  cash,  and  may,  in  its  by-laws,  fix  the  liability  of  its  members  for 
the  payment  of  the  losses  and  expenses  not  provided  for  by  its  cash 
funds;  provided,  that  the  liability  of  a  member  to  assessment  shall  not 
be  less  than  the  amount  of  one  annual  preiuium  in  addition  to  the  annual 
cash  premium  of  his  policy.  Provided,  however,  that  corporations  or 
associations  which  have  accumulated,  in  the  regular  course  of  the  busi- 
ness, cash  assets  of  not  less  than  two  hundred  thousand  (200,000)  dollars 
of  which  not  less  than  fifty  thousand  (50,000)  dollars  is  net  cash  surplus 
over  and  above  all  the-  requirements  of  section  13  of  this  act  shall  have 
power,  while  in  that  condition,  to  adopt  by-laws  limiting  the  liability  of 
its  policy-holders  for  loss  or  damage  by  fire  to  any  amount  it  may 
desire  to  specify  in  its  policies,  and  the  power  to  issue  policies  with  such 
limitation  of  liability  to  continue  only  during  the  time  such  corporation 
or  association  is  in  such  financial  condition;  provided,  further,  that  every 
such  corporation  or  association  must  print  upon  its  policies  such  by-laws 
or  mutual  conditions  as  will  define  the  liability  of  a  policy-holder. 

Assessments  to  pay  losses  and  expenses. 

§  9.  Whenever  such  corporation  or  association  is  not  possessed  of 
cash  funds  above  its  reinsurance  reserve  fund  and  all  other  liabilities 
sufficient  for  the  payment  of  accrued  losses  it  shall  make  an  asscssiiiiTit 
for  the  amount  needed  to  pay  such  losses  and  expenses,  upon  its  meinbcrs 
liable  to  assessment  therefor  in  proportion  to  their  several  liabilities. 
The  corporation  or  association  shall  cause  to  be  recorded  in  a  book  kept 
for  that  purpose  the  order  of  such  assessment,  together  with  a  statement 
which  shall  set  forth  the  condition  of  the  corporation  or  association  at 
the  date  of  the  order,  the  amount  of  its  cash  assets  and  contingent 
funds  liable  to  assessment  and  the  amount  of  the  assessment  called  for. 
Such  record  shall  be  made  and  signed  by  the  directors  or  other  persons 
who  voted  for  the  order,  before  any  part  of  the  assessment  is  collected, 
and  any  person  liable  to  assessment  may  inspect  and  take  a  copy  of  tlio 
same. 

Members  may  withdraw. 

§  10.  Any  member  of  any  such  corporation  or  association  may  with- 
draw at  any  time  by  surrendering  his  policy  or  certificate  of  insurance 
to  the  corporation  or  association  and  giving  thirty  days'  written  notice 
of  his  intention  to  withdraw  and  by  paying  his  share  of  all  losaea  which 


Act  1672b,  §§  11-14  GENERAL   LAWS.  1290 

shall  have  accrued  by  the  end  of  the  time  specified  in  the  notice,  and 
of  all  losses  arising  out  of  fires  occurring  theretofore  and  all  losses 
occurring  within  thirty  days  after  the  service  of  such  notice  and  all 
assessments  levied  in  whole  or  in  part  to  meet  such  losses,  and  all  assess- 
ments due,  accrued  or  pending  at  the  time  of  the  cancellation  of  his 
policy,  but  the  corporation  or  association  maj'  retain  the  customary  short 
rate  for  the  expired  time;  provided,  also,  that  the  corporation  shall  have 
power  to  cancel  or  determine  any  policy  by  giving  the  insured  five  days' 
written  notice  to  that  effect,  and  returning  to  the  insured  his  pro  rata 
of  the  unearned  premium. 

Dividends. 

§  11.  No  corporation  or  association  formed  under  this  act  may  make 
any  dividend  except  from  profits  in  hand,  after  retaining  unimpaired 
a  cash  surplus  of  fifty  thousand  (50,000)  dollars  over  and  above  all 
liabilities  including  reinsurance  reserve  and  shall  thereafter  retain  not 
less  than  five  per  cent  per  annum  of  all  profits  available  for  dividends 
until  the  sum  of  two  hundred  thousand  dollars  ($200,000)  net  cash 
surplus  has  been  accumulated.  Such  cash  surplus  shall  be  invested  in 
the  manner  provided  for  in  subdivisions  1,  2,  3  and  4  of  section  421  of 
the  Civil  Code  of  the  state  of  California  as  that  section  was  amended  by 
act  approved  March  22,  1907. 

Annual  statement. 

§  12.  Any  corporation  or  association  organized  or  operating  under 
this  act  shall  file  with  the  insurance  commissioner  on  or  before  the  first 
day  of  March  of  each  year,  its  financial  statement  exhibiting  its  condi- 
tion on  the  thirty-first  day  of  December  next  preceding.  Such  statement 
shall  be  made  as  provided  for  in  the  blanks  furnished  by  the  insurance 
department. 

When  company  is  insolvent. 

§  13.  Whenever  the  liabilities  of  any  corporation  or  association  oper- 
ating under  this  act  for  losses  reported,  expenses,  taxes,  reinsurance 
reserve  upon  all  unexpired  fire  risks  running  one  year  or  less  from  date 
of  policy  at  fifty  (.50)  per  cent,  and  upon  all  unexpired  fire  risks  running 
more  than  one  year  from  date  of  policy  to  be  estimated  pro  rata,  are 
greater  than  its  admitted  cash  assets,  or  whenever  the  available  re- 
sources of  any  company  are  less  than  the  requirements  under  section  4 
of  this  act,  then  such  company  or  association  is  insolvent. 

Sections  of  codes  applicable. 

§  14.  The  general  provisions  applicable  to  all  corporations  as  ex- 
pressed in  part  4,  di^'ision  1  of  the  Civil  Code  of  the  state  of  California 
and  all  provisions  contained  in  sections  595.  596,  596a.  597,  598,  599.  60.S, 
604,  605,  606,  607,  608,  609,  610,  611,  612,  615,  616,  617,  618,  619,  620,  621, 
622,  623,  627.  6.31.  631a.  632,  633,  634a,  634b  of  the  Political  Code  of  the 
state  of  California,  and  sections  435  and  439  of  the  Penal  Code  of  the 


1291  INSURANCE.        Act  1672c,  §§  1, 2 

state  of  California,  and  section  388  of  the  Code  of  Civil  Procedure  of 
the  state  of  California,  also  section  415  of  the  Civil  Code  of  the  state 
of  California,  and  all  other  laws  of  the  state  relating  to  fire  insurance 
in  so  far  as  any  section  or  law  herein  referred  to  is  not  inconsistent 
with  or  in  conflict  with  the  provisions  of  this  act,  are  hereby  made  to 
apply  to  all  corporations  or  associations  operating  under  this  act;  pro- 
vided, nothing  herein  shall  relieve  such  corporations  or  associations  from 
full  compliance  with  the  provisions  of  section  14  of  article  13  of  the 
constitution  of  the  state  of  California  and  of  all  statutes  enacted  in  aid 
thereof. 

Not  applicable. 

§  15.  This  act  shall  not  apply  to  contracts  made  between  persons, 
firms  and  corporations  of  this  state,  and  others  of  this  state  and  other 
states  for  the  protection  of  their  own  property  under  the  plan  known 
as  reciprocal  or  inter-insurance,  nor  to  unincorporated  inter-indemnity 
compacts. 

County  fire  insurance  companies. 

§  16.  Nothing  in  this  act  sh"ll  be  construed  to  restrict  or  affect  the 
provisions  of  "An  act  to  provide  for  the  organization  and  management 
of  county  fire  insurance  companies,"  approved  April  1,  1897. 

Repeal. 

§  17.  That  certain  act  of  the  legislature  of  the  state  of  California, 
entitled  "An  act  providing  for  the  organization  and  management  of 
mutual  fire  insurance  companies"  (ax>proved  March  19,  1907),  is  hereby 
repealed. 

ACT  1672c. 

An  act  defining  certain  classes  of  contracts  for  the  exchange  of  indem- 
nity, prescribing  regulations  therefor  and  fixing  a  license  fee. 
[Approved  December  24,  1911.     Stats.  Ex.  Scss.  1911,  p.  111.] 

Reciprocal  or  inter-insurance;   contracts  for  exchange  of  indemnity  au- 
thorized; limitation. 

§  1.  Individuals,  partnerships  or  corporations  may  exchange  recip- 
rocal or  inter-insurance  contracts  providing  indemnity  amopg  each  other 
from  loss  or  from  other  damages  in  accordance  with  the  following  pro- 
visions of  this  act;  provided,  that  no  individual,  partnership  or  corpora- 
tion thus  exchanging  indemnity  shall  assume  on  any  single  risk  an 
amount  greater  than  ten  per  cent  of  the  net  financial  rating  of  such  in- 
dividual, partnership  or  corporation;  such  financial  rating  to  be  shown 
by  the  reports  of  a  commercial  agency  having  at  least  one  hundred 
thousand  members. 

Representative  to  be  appointed  and  certificate  filed  with  insurance  com- 
missioner. 

§  2.  Such  individuals,  partnerships  or  corporationg  so  contracting 
among  themselves  shall  have  the  power  to  appoint  an  attorney,  agent  or 


Act  1672c,  §  2  GENERAL   LAWS.  1292 

other  representative  and  shall,  through  their  attorney,  agent  or  other 
representative,  file  with  the  insurance  commissioner  of  this  state  a  cer- 
tificate in  writing,  verified  by  the  oath  of  said  attorney,  agent  or  other 
representative,  setting  forth: 

(a)  The  name  or  title  by  which  said  individuals,  partnerships  or  cor- 
porations intending  to  make  such  contracts  shall  be  known.  The  in- 
surance commissioner  may  reject  any  name  or  title  so  submitted  when 
the  same  is  an  interference  with  or  too  similar  to  one  already  appro- 
priated or  likely  to  mislead  the  public  in  any  respect  and,  in  such  case, 
a  name  not  liable  to  such  objection  must  be  chosen. 

(b)  A  verified  copy  of  the  form  of  policy,  contract  or  agreement  under 
or  by  which  such  indemnity  is  to  be  exchanged. 

(c)  A  verified  copy  of  the  form  of  power  of  attorney  or  other  au- 
thority of  any  said  attorney,  agent  or  other  representative  setting  forth 
the  character  of  such  representation  and  the  authority  of  such  represen- 
tative. 

(d)  The  location  of  the  oiBce  or  ofiices  through  which  said  policies, 
contracts  or  agreements  are  to  be  issued. 

(e)  Such  attorney  in  fact  shall  also  file  a  stipulation  or  agreement  in 
writing  that  any  notice  provided  by  law  or  by  any  insurance  policy, 
proof  of  loss,  summons  or  other  process  may  be  served  upon  the  attorney 
in  fact  or  upon  the  insurance  commissioner  of  the  state  of  California,  in 
all  actions  or  in  other  legal  proceedings  against  such  individuals,  partner- 
ships or  corporations  thus  exchanging  indemnity  under  the  provisions 
of  section  1  of  this  act.  All  notices,  proofs  of  loss,  summons  or  other 
legal  process  so  served  shall  give  jurisdiction  over  the  person  of  such 
individuals,  partnerships  or  corporations  thus  exchanging  indemnity. 
\Yhpnevcr  such  service  of  notice,  proofs  of  loss,  summons  or  other  process 
shall  be  made  upon  the  insurance  commissioner,  he  must  within  ten  days 
thereafter,  transmit  by  mail,  postage  paid,  a  copy  of  such  notice,  proof 
of  loss,  or  summons,  or  other  process  to  the  attorney  in  fact  so  appointed 
by  such  individuals,  partnerships  or  corporations  so  contracting  among 
themselves  and  shall  be  addressed  to  such  attorney  in  fact  to  the  home 
or  principal  office  through  which  such  policies  are  to  be  issued.  The 
sending  of  such  copy  by  the  insurance  commissioner  shall  be  a  necessary 
part  of  the  service  of  the  notice,  proof  of  loss,  summons  or  other  process. 
When  any  notice,  summons  or  other  legal  process  is  served  upon  the  in- 
surance commissioner  pursuant  to  the  provisions  of  this  section,  the 
service  as  to  such  individuals,  partnership,  or  corporations  thus  exchanging 
indemnity  shall  be  deemed  complete  at  the  end  of  sixty  daj-s  after  the 
date  of  the  mailing  of  such  copy  of  such  notice,  proof  of  loss,  summons 
or  other  legal  process  to  the  attorney  in  fact  as  herein  provided  for. 

(f)  The  attorney,  agent  or  other  representative  shall,  whenever  and 
as  often  as  the  same  shall  be  requested  file  with  the  insurance  com- 
missioner a  statement  verified  by  his  oath  to  the  effect  that  he  has  ex- 
amined the  commercial  rating  of  the  individuals,  partnerships  or  cor- 
porations, composing  the  subscribers  in  such  reciprocal  or  inter-insurance 


1293  INSURANCE.  Act  1672c,  §§  3-5 

exchange  as  shown  by  the  commercial  agency  having  at  least  one  hun- 
dred thousand  subscribers  and  that,  for  such  examination,  it  appears 
that  no  subscriber  of  such  exchange  has  assumed  on  any  single  risk 
an  amount  of  liability  greater  than  ten  per  cent  of  the  net  financial  rat- 
ing of  such  subscriber  when  such  risk  was  assumed. 

(g)  There  shall  also  be  filed  with  the  insurance  commissioner  by  any 
said  attorney,  agent  or  other  representative,  a  written  stipulation  to  the 
effect  that  all  insurance  written  by  him  upon  risks  situated  within  this 
state  shall  be  deemed  to  be  business  done  in  this  state  and  within 
the  terms  and  subject  as  to  taxation  to  the  provisions  of  section  14  of 
article  13  of  the  constitution  of  this  state. 

Certificate  of  authority  to  do  business. 

§  3.  The  agent,  attorney  or  other  representative  by  or  through  whom 
are  issued  or  negotiated  any  policies  of  or  contracts  or  agreements  for 
any  insurance  or  indemnity  of  the  character  referred  to  in  section  1  of 
this  act  shall  procure  from  the  insurance  commissioner  a  certificate  of 
authority  stating  that  all  the  requirements  of  this  act  have  been  com- 
plied with  and  upon  such  compliance  and  the  payment  of  a  fee  of  fifty 
dollars  the  insurance  commissioner  shall  issue  such  certificate.  Such 
certificate  must  be  renewed  annually,  for  which  a  fee  of  ten  dollars  shall 
be  paid.  Any  such  certificate  so  issued  as  above  may  be  revoked  or 
suspended  by  the  insurance  commissioner  if  any  such  individuals,  partner- 
ships or  corporations  exchanging  indemnity  under  the  provisions  of  this 
act  fail  to  comply  with  any  or  all  of  the  requirements  of  this  act. 

Annual  report  to  insurance  conunissioner. 

§  4.  The  attorney  in  fact  of  such  individuals,  partnerships  or  cor- 
porations composing  such  reciprocal  or  inter-insurance  exchange  shall 
file  with  the  insurance  commissioner  of  this  state,  on  or  before  the  first 
of  March  of  each  year,  upon  forms  to  be  prepared  by  the  insurance 
commissioner,  a  statement  which  must  exhibit  the  condition  and  affairs 
of  such  exchange  on  the  31st  day  of  December  then  next  preceding. 

Examination  by  insurance  commissioner, 

§  5.  The  insurance  commissioner,  whenever  he  deems  necessary,  must 
make  an  examination  of  the  condition  and  affairs  relating  to  the  ex- 
change of  indemnity  of  such  individuals,  partnerships  or  corporations 
composing  such  reciprocal  or  inter-insurance  exchange  and  must  make 
such  an  examination  before  issuing  its  original  certificate  of  authority 
to  do  business  in  this  state;  or  where  the  home  office  of  the  int^or- 
insurance  or  reciprocal  exchange  is  located  outside  of  the  state  of  i-ai- 
ifornia,  and  when  such  inter-insurance  or  reciprocal  exchange  is  licenseM 
bv  the  insurance  commissioner  or  department  of  the  state  w'hcre  siicn 
home  office  is  located,  the  insurance  commissioner  shall  accept  an  satis- 
factory a  certificate  of  compliance  issued  by  the  insurance  commissioner 
or  department  of  the  state  where  said  home  office  is  located  Hiich  ex- 
amination shall  verify  the  certificate  and  statement  filed  by  the  attorney 


Act  1672c,  §§  6-8  general  laws.  1294 

in  fact.  Such  exchange  must  open  its  books  and  papers  for  the  inspec- 
tion of  the  insurance  commissioner  and  shall  otherwise  facilitate  such 
examination  and  the  commissioner  may  administer  oaths  and  examine 
under  oath  any  person  relative  to  the  contracts  of  such  exchange,  and  if 
he  finds  the  books  to  have  been  carelessly  or  improperly  kept  or  posted 
he  must  employ  sworn  experts  to  rewrite,  post  and  balance  the  same 
at  the  expense  of  such  individuals,  partnerships  or  corporations  com- 
posing such  reciprocal  or  inter-insurance  exchange.  Such  examination 
must  be  conducted  in  the  county  where  such  individuals,  partnerships  or 
corporations  composing  such  reciprocal  or  inter-insurance  exchange  has 
its  principal  office  and  must  be  private.  Whenever  the  commissioner 
shall  make  such  examination  as  aforesaid  the  same  must  be  at  the 
expense  of  the  individuals,  partnerships  and  corporations  composing  such 
reciprocal  or  inter-insurance  exchange;  such  expense  to  be  paid  in  ad- 
vance, and  in  the  event  or  refusal  to  pay  such  expenses  the  insurance 
commissioner  may  refuse  to  issue  any  such  certificate  of  authority  and 
must  revoke  any  existing  certificate  of  authority  authorizing  such  in- 
dividuals, partnerships  and  corporations  composing  such  reciprocal  or 
inter-insurance  exchange  to  execute  such  contracts  of  indemnity. 

Certain  companies  exempt. 

§  6.  Unincorporated  inter-indemnity  companies  who  do  not  issue  pol- 
icies of  insurance,  who  do  not  charge  expenses  of  management  except 
in  liquidation  of  losses,  nor  accept  premiums  from  its  members  shall  be 
exem,pt  from  the  provisions  of  this  act. 

Policies  or  contracts  of  unauthorized  exchanges  void;  exceptions. 

§  7.  All  policies  and  insurance  contracts  or  contracts  of  indemnity 
upon  a  risk  or  risks  situated  in  the  state  of  California,  held  by  an  in- 
dividual, partnership  or  corporation  as  a  subscriber  of  any  reciprocal  or 
intcr-insurance  exchange  which  exchange  is  not  authorized  to  do  business 
in  the  state  of  California  shall  be  null  and  void;  provided,  that  any  in- 
surance agreement  or  agreement  for  indemnity  on  goods  between  states 
or  territory  and  states  or  to  from  a  foreign  country  or  the  property  of 
common  carriers  used  by  such  common  carriers  in  the  transaction  of 
interstate  commerce  or  commerce  with  foreign  countries,  shall  be  deemed 
not  void. 

Taxation. 

§  8.  For  the  purpose  of  taxation  under  the  provisions  of  section  14 
of  article  13  of  the  constitution  of  the  state  of  California  all  contracts 
of  indemnity  upon  risks  located  in  this  state  between  individuals,  part- 
nerships and  corporations  under  the  provisions  of  this  act  shall  be 
deemed  to  be  contracts  of  insurance  upon  business  done  in  this  state 
under  and  subject  to  the  provisions  of  such  section  14,  article  13,  of 
the  constitution  of  the  state  of  California. 


1295  INSURANCE.  Acts  1672d-1672t' 

Exemption  from  other  laws. 

§  9.  Individuals,  partnerships  and  corporations  exchanging  reciprocal 
or  inter-insurance  and  contracts  providing  indemnity  among  each  other 
shall  be  exempt  from  the  provisions  of  other  insurance  laws  of  this  state. 

ACT  1672d. 

An  act  defining  certain   classes  of  contracts  for  the  exchange  of  indem- 
nity, prescribing  regulations  therefor  and  fixing  a  license  fee. 

[Approved  May  1,  1911.     Stats.  1911,  p.  1279.] 
Probably  superseded  by  the   act  of  December  24,    1911;   Stats.   Ex.   Sess.   1911, 
p.  111.      See  ante.  Act  1672c. 

ACT  16726. 

An    act    appropriating    moneys    to    the    use    of    the    state    compensation 

insurance  fund. 
[Approved  May  26,  1913.     Stats.  1913,  p.  326.] 

Appropriation.     Compensation  insurance  fund. 

§  1.  The  sum  of  one  hundred  thousand  dollars  is  hereby  appropriated 
out  of  any  moneys  in  the  state  treasury  not  otherwise  appropriated,  to 
be  credited  to  the  "state  compensation  insurance  fund"  and  to  be  used 
by  the  industrial  accident  commission  in  the  manner  authorized  by  law 
for  the  use  of  said  fund. 

§  2.  The  state  controller  and  the  state  treasurer  are  hereby  author- 
ized and  directed  to  transfer  ^aid  sum  of  one  hundred  thousand  dollars 
from  the  general  fund  of  the  state  to  the  "state  compensation  insurance 
fund." 

ACT  1672f. 

An  act  prohibiting  the  borrowing  of  money  from  an  insurance  company 

by  an  officer  of  such  company. 

[Approved  June  6,  1913.     Stats.  1913,  p.  468.] 

Officers  prohibited  from  borrowing  from  insurance  funds. 

§  1.  No  oflScer  of  any  insurance  company  shall  directly  or  indirectly, 
for  himself  or  as  a  partner  or  agent  for  others,  borrow  any  of  the  funds 
of  such  insurance  company;  provided,  however,  that  the  provisions  of 
this  act  shall  not  be  construed  to  prevent  the  borrowing  by  any  insured 
upon  the  security  of  policies  of  insurance  in  accordance  with  their  terms, 
nor  prevent  agents  of  life  insurance  companies  from  receiving  advances 
under  their  agency  contracts. 

Penalty.  ,     ,  . 

§  2.  Any  officer  who  acts  in  violation  of  the  provisions  of  this  act 
shall  be  guilty  of  a  misdemeanor. 


Acts  1672g,  1672h  general  laws.  1296 

ACT  1672g. 

An  act  to  provide  for  a  notice  to  be  printed  on  the  cover  of  the  policies 
of  all  insurance  companies,  associations  or  societies  relating  to  future 
assessments. 

[Approved  June  6,  1913.     Stats.  1913,  p.  674.] 

Notice  on  policies  liable  for  assessments. 

§  1.  Every  insurance  policy  issued  in  this  state  under  the  terms  of 
which  the  insured  named  in  such  policy  is  liable  in  any  event  to  pay 
an  assessment  in  addition  to  the  premium  stated  in  the  policy,  shall 
have  conspicuously  printed  upon  the  back  or  the  outside  cover  thereof, 
under  the  name  of  the  corporation,  association,  society  or  persons  issu- 
ing the  same,  in  plain  type,  the  words:  "Notice;  under  the  terms  of 
this  policy  insured  is  liable  for  future  assessments."  Provided,  however, 
that  the  provisions  of  this  section  shall  not  apply  to  any  policy  of  a 
mutual  fire  insurance  company. 

Peilalty. 

§  2.  On  a  violation  of  the  provisions  of  this  act  by  any  insurance 
company,  association  or  society,  the  insurance  commissioner  shall  forth- 
with revoke  the  certificate  of  authority  of  such  company,  association 
or  society,  for  a  period  of  not  less  than  one  year. 

ACT  1672h. 

An  act  providing  for  the  organization  and  management  of  mutual  work- 
men's compensation  insurance  companies  and  defining  the  same  and 
regulating  the  transaction  of  the  business  of  mutual  workmen's  com- 
pensation insurance  in  the  state  of  California. 

[Approved  May  26,  1913.     Stats.  1913,  p.  321.] 

"Compensation."     "Employer."     "Employee." 

§  1.  The  term  "compensation"  as  used  in  this  act  shall  mean  and 
include  any  liability  imposed  upon  any  or  all  employers  of  labor  to 
compensate  their  employees  and  the  dependents  of  such  employees  for 
any  injury  sustained  by  the  said  employees  by  accident  arising  out  of 
and  in  the  course  of  their  employment  irrespective  of  the  fault  of  either 
party.  The  term  "employer"  as  used  in  this  act  shall  be  construed  to 
mean:  Every  person,  firm,  voluntary  association  and  private  corporation, 
(including  any  public  service  corporation)  who  has  any  person  in  ser- 
vice under  any  appointment  or  contract  of  hire  or  apprenticeship,  ex- 
press or  implied,  oral  or  written,  and  the  legal  representatives  of  any 
deceased  employer.  The  term  "employee"  as  used  in  this  act  shall  be 
construed  to  mean:  Every  person  in  the  service  of  an  employer  as  de- 
fined by  this  act  under  any  appointment  or  contract  of  hire  or  appren- 
ticeship, express  or  implied,  oral  or  written,  including  aliens  and  also 
including  minors. 


1297  INSURANCE.       Act  1672h,  §§  2-5 

Compensation  associations. 

§  2.  (a)  Mutual  associations  of  any  number  of  employers,  not  less 
than  five,  may,  subject  to  the  approval  of  the  insurance  'commissioner, 
be  formed  by  incorporating  under  the  laws  of  this  state,  for  the  purpose 
of  insuring  their  members  against  liability  for  compensation  and  insuring 
to  the  employees  of  such  members  the  payment  of  such  compensation. 

(b)  It  shall  be  wfthin  the  power  of  the  insurance  commissioner  to 
limit  the  membership  of  any  such  mutual  association  to  those  employers 
engaged  in  the  same  general  character  of  industry  or  to  employers  within 
a  limited  part  of  the  state,  whenever  in  his  judgment  such  limitation 
shall  be  required  for  the  protection  of  the  members  of  such  association 
or  persons  insured. 

Articles  of  incorporation. 

§  3.  Before  the  articles  of  incorporation  shall  be  filed,  a  copy  thereof 
shall  be  submitted  for  the  approval  of  the  insurance  commissioner.  Such 
articles  shall  set  forth: 

First — The  names  of  the  employers  entering  into  such  association, 
their  places  of  residence,  the  nature  of  the  business  in  which  they  are 
engaged  and  the  number  of  persons  employed  bj'  each. 

Second — The  name  by  which  such  association  shall  be  known,  which 
name  shall  include  the  word  "mutual,"  and,  if  the  liability  of  members 
is  limited,  the  words  "limited  mutual." 

Third — The  period  for  which  such  association  is  incorporated,  which 
shall  not  exceed  fifty  years. 

Fourth — The  number  of  directors,  which  shall  not  be  less  than  five 
(5)  nor  more  than  eleven  (11),  and  the  names  and  residences  of  the 
directors  for  the  first  year. 

Fifth — The  location  of  the  principal  place  of  business,  which  shall  be 
in  this  state. 

Such  articles  must  be  executed,  acknowledged,  and  filed  as  provided 
by  law  for  the  formation  of  other  corporations. 

By-laws. 

§  4.  The  members  of  any  company  organized  under  this  act  shall 
have  power  to  make  such  by-laws,  not  inconsistent  with  the  constitution 
and  laws  of  this  state,  as  may  be  deemed  necessary  for  the  government 
of  its  officers  and  members,  for  the  admission  of  new  members,  for  the 
assessment  and  collection  of  premiums  and  assessments  and  in  general 
for  the  proper  conduct  of  its  affairs.  Such  by-laws  shall  not  be  cfTectivo 
until  a  copy  thereof  has  been  filed  with  the  insurance  commissioner 
and  approved  by  him. 

Employer's  liability. 

§  5.     Every    employer   accepting   a  policy   in    any   company    organized 
under   this   act   shall   thereby   become   a   member   of   such   company   and 
82 


Act  16721l,§§  6-11  GENERAL  LxUVS.  1298 

shall  become  liable  for  his  proportionate  share  of  losses  and   operating 
expenses  as  hereinafter  provided. 

When  policies  may  be  issued. 

§  6.  No  policy  shall  be  issued  by  an}'  company  organized  under  this 
act  until  subscriptions  for  insurance  have  been  received  from  at  least 
one  hundred  employers  having  an  annual  pay-roll  of  at  least  five 
hundred  thousand  dollars,  or  having  in  their  employment  at  least  one 
thousand  employees,  nor  until  an  amount  in  cash  shall  be  in  hand  over 
and  above  all  liabilities  other  than  the  unearned  premium  reserve  of 
not  less  than  fifteen  thousand  dollars  and  in  any  event  not  less  than 
one  full  annual  premium  upon  each  risk.  If  at  any  time  the  number  of 
employers  insured  shall  fall  below  one  hundred  or  if  the  annual  pay- 
roll of  said  employers  shall  fall  below  five  hundred  thousand  dollars  and 
the  number  of  their  said  employees  shall  fall  below  one  thousand  then 
no  further  policies  shall  be  issued  until  subscriptions  have  been  received 
sufficient  to   comply  with  the  requirements  of  this  section. 

Premiums. 

§  7.  No  single  risk  shall  be  insured  by  any  company  organized  under 
this  act  upon  which  the  premium  charged  is  more  than  two  per  cent 
of  the  premiums  charged  upon  all  the  policies  that  the  company  has  in 
force. 

Established  rate. 

§  8.  After  a  compensation  insurance  rate  shall  have  been  established 
by  the  state  workmen's  compensation  insurance  rating  bureau  no  mutual 
company  organized  under  this  act  shall  charge  a  lesser  rate  upon  any 
risk  than  the  gross  bureau  rates  applicable  thereto. 

Members'  liability  for  excess  loss. 

§  9.  Every  company  organized  under  this  act  shall  in  its  by-laws 
and  policies  fix  the  contingent  mutual  liability  of  its  members  for  the 
payment  of  losses  in  excess  of  its  available  cash  funds;  but  such  con- 
tingent liability  shall  not  be  less  than  an  amount  equal  to  one  annual 
premium  in  addition  to  the  annual  premium  charged. 

Companies  subject  to  law. 

§  10.  Every  company  organized  under  this  act  shall  be  subject  to 
all  the  general  provisions  of  the  law  relative  to  other  insurance  com- 
panies and  also  to  the  general  provisions  of  law  applicable  to  all  other 
corporations  in  so  far  as  such  provisions  are  not  inconsistent  or  in  con- 
flict  with  the   provisions   of   this   act. 

Assessment  to  pay  losses. 

§  11.  If  any  company  organized  under  this  act  is  not  possessed  of 
cash  funds  above  its  unearned  premium  reserve  and  claims  reserve  and 
other   liabilities   sufficient   for   the   payment   of   incurred   losses   and    ex- 


1299  INSURANCE.  Act  1672h,  §§  12-15 

penses  it  shall  make  an  assessment  for  the  amount  needed  to  pay  such 
losses  and  expenses  upon  its  members  liable  to  assessment  therefor  in 
proportion  to  their  several  liabilities.  The  company  shall  cause  to  be 
recorded  in  a  book  kept  for  that  purpose  the  order  for  such  assessment 
and  the  amount  of  the  assessment  called  for,  together  with  a  statement 
setting  forth  the  condition  of  the  company  at  the  date  of  the  order,  the 
amount  of  its  cash  assets  and  contingent  funds.  Such  record  shall  be 
made  and  signed  by  the  directors  or  other  persons  who  voted  for  the 
order  and  approved  by  the  insurance  commissioner  before  any  part  of 
the  assessment  is  collected  and  any  person  liable  to  assessment  may 
inspect  and  take  a  copy  of  the  same. 

Surplus  fund.     Dividends. 

§  12.  The  directors  of  every  such  mutual  company  shall  each  year 
set  aside  as  a  surplus  an  amount  equal  to  at  least  twenty-five  per  cent 
of  all  available  profits  until  such  surplus  shall  be  an  amount  not  less 
than  the  amount  of  all  premiums  charged  upon  all  insurance  in  force 
after  deducting  therefrom  the  amount  of  premiums  charged  for  any 
risks  which  have  been  reinsured  in  other  insurance  carriers.  After  set- 
ting aside  the  amount  of  profits  required  to  be  set  aside  by  this  section 
as  a  surplus  fund,  the  directors  of  every  such  mutual  association,  at 
such  times  as  their  by-laws  provide,  must  make,  declare  and  pay  to  their 
members  dividends  of  so  much  of  the  additional  available  profits  accrued 
from  the  bus'iness  of  the  association  and  interest  on  moneys  invested  as 
to  them  appears  advisable;  provided,  however,  that  no  such  dividend 
shall  be  declared  or  paid  unless  there  is  then  on  hand  a  surplus  of 
not  less  than  fifteen  thousand  dollars  and  equal  to  at  least  twenty-five 
per  cent  of  all  premiums  charged  upon  all  insurance  in  force  after 
deducting  therefrom  the  amount  of  premiums  charged  for  any  risks 
which  may  have  been  reinsured  in  other  insurance  carriers. 

Approval  of  insurance  commissioner. 

§  13.  No  assessment  shall  be  levied  and  no  dividend  shall  be  de- 
clared until  such  assessment  or  such  dividend  has  been  approved  by 
the   insurance   commissioner. 

Investment  of  funds. 

§  14.  The  funds  of  any  company  organized  under  this  act  shall  bo 
invested  in  the  manner  allowed  for  "the  investment  of  th.«  fmi.ls  of  nther 
insurance  companies. 

Limitation  of  expenses. 

§  15.  The  expenses  for  any  calendar  year  of  any  company  organized 
under  this  act,  including  commissions  and  fees  to  agc-nts  and  officiTfi 
but  not  including  expenses  incurred  for  the  prevention  of  injuries,  .shall 
be  limited  to  thirtv  per  cent  of  the  gross  premiums  actually  received 
during  that  year.  A  violation  of  this  provision  shall  render  the  ofTicers 
and  directors  and  all  persons  having  similar  powers  jointly  and  acverally 


Act  1672h,  §§  16-20         general  laws.  1300 

liable  to  such  company  for  any  amount  used  for  expenses  in  excess  of 
the  amount  provided  for  in  this  section.  In  the  event  that  such  com- 
pany fails  or  refuses  to  recover  such  moneys  so  paid  the  insurance  com- 
missioner may  sue  for  and  recover  the  same  from  any  one  or  all  of  the 
officers  or  directors  and  all  persons  having  similar  powers  of  such  com- 
pany for  the  benefit  of  its  members.  No  officer  or  other  person,  whose 
duty  it  is  to  determine  the  character  of  the  risks,  and  to  decide  what 
applications  shall  be  accepted  and  what  applications  shall  be  rejected  by 
such  company,  shall  receive  as  any  part  of  his  compensation  a  commis- 
sion upon  the  premiums,  but  his  compensation  shall  be  a  fixed  salary 
and  such  share  of  the  net  profits  as  the  directors  or  trustees  may  de- 
termine. 

When  insolvent. 

§  16.  Whenever  the  liabilities  of  any  company  organized  under  this 
act  for  losses  reported,  expenses,  taxes,  unearned  premium  reserve  and 
claims  reserve  are  greater  than  its  admitted  cash  assets  then  such  com- 
pany is  insolvent. 

Annual  statement. 

§  17.  Every  company  organized  under  this  act  shall  file  with  the 
insurance  commissioner  on  or  before  the"  first  day  of  March  of  each 
year,  its  financial  statement  exhibiting  its  condition  on  the  thirty-first 
day  of  December  next  preceding.  Such  statement  shall  be  made  as  pro- 
vided for  in  the  blanks  furnished  by  the  insurance  department. 

Rules  for  prevention  of  injury. 

§  18.  The  directors  of  any  company  organized  under  this  act  shall 
make  and  enforce  reasonable  rules  and  regulations  for  the  prevention 
of  injuries  on  the  premises  of  members  and  for  this  purpose  the  in- 
spectors of  the  company  shall  have  free  access  to  all  such  premises 
during  regular  working  hours.  Any  employer  or  employee  aggrieved  by 
any  such  rule  or  regulation  may  petition  the  industrial  accident  com- 
mission for  a  review,  and  it  may  affirm,  amend  or  annul  the  rule  or 
regulation. 

Wages  accounts. 

§  19.  Auditors,  inspectors  and  other  agents  of  the  company  shall 
have  free  access  to  the  wages  accounts  and  pay-rolls  of  members  for  the 
purpose  of  verifying  pay-rolls. 

Notice  of  withdrawal. 

§  20.  Any  member  of  any  company  organized  under  this  act  may 
withdraw  at  any  time  by  giving  thirty  days'  written  notice  of  his  inten- 
tion to  withdraw  and  surrendering  his  policy;  provided,  however,  that 
he  shall  discharge  all  his  obligations  to  the  company  at  the  time  of  his 
withdrawal.  The  termination  of  such  insurance  shall  not  act  to  release 
the  member  withdrawing  from  liability  for  the  payment  of  his  assigned 


1301  INTOXICATING  LIQUORS.  Acts  1685-1696 

share  of  all  assessments  then  or  thereafter  made  to  make  up  deficiencies 
due  to  accidents  happening  while  he  was  insured  in  such  company.  The 
premium  for  such  surrendered  policy  shall  be  returned  to  the  member 
withdrawing  less  the  customary  short  term  premium  for  a  time  during 
which  the  policy  was  in  force.  The  company  shall  have  power  to  cancel 
or  determine  any  policy  by  giving  the  insured  five  days'  written  notice 
to  that  effect  and  returning  to  the  insured  his  pro  rata  part  of  the 
premium. 

Amendment  of  by-laws. 

§  21.  Any  company  organized  under  this  act  shall  have  power  to 
amend  its  articles  of  association  and  by-laws  at  its  regular  annual  meet- 
ing or  at  special  meetings  called  and  held  as  provided  in  its  by-laws, 
but  said  amendments  shall,  before  they  become  operative,  be  approved 
and  filed  in  the  same  manner  as  the  original  articles  and  by-laws. 

May  own  property. 

§  22.  Any  company  organized  under  this  act  shall  have  power  to 
own,  hold  and  acquire  such  real  and  personal  property  as  shall  be 
necessary  for  the  transaction  of  its  business. 

May  sue. 

§  23.  Any  company  organized  under  this  act  may  sue  and  be  sued 
in  any  court  of  law  or  equity,  with  the  same  rights  and  obligations  as 
a  natural  person,  and  in  addition  to  the  powers  hereinbefore  enumerated, 
shall  possess  and  exercise  all  such  rights  and  powers  as  are  necessarily 
incidental  to  the  exercise  of  the  powers  as  expressly  granted  herein. 

Not  applicable  to  contracts. 

§  24.  This  act  shall  not  apply  to  contracts  made  between  persons, 
firms  or  corporations  of  this  state,  and  others  of  this  state  and  other 
states  for  the  protection  of  their  own  property  under  the  plan  known  as 
reciprocal  insurance  or  inter-insurance,  nor  to  unincorporated  intcr- 
indemnity  compacts, 

TITLE  238. 
INTOXICATING  LIQUORS. 
ACT  1685. 

Citations.      (Act    of    1873-74,    p.    509,    referred    to    in    note.)      Col.    157/700, 
701,   702. 

ACT  1695. 

Citations.      Cal.   157/163. 

ACT  1696. 

An  act  to  provide  for  the  regulation  nf  the  trafTic  in  alcoholic  Ijcinors  by 
establishing  local  option;  autliorizing  the  filing  of  j.etitions  prayiiiR 
for  elections  to  vote  upon  the  question  whether  the  sale  of  alcoholic 


Act  1696,  S§  1-3 


GENERAL   LAWS. 


1302 


liquors  shall  be  licensed  within  the  territory  described  in  such  peti- 
tions; providing  for  the  calling  and  holding  of  such  elections;  making 
it  the  duty  of  the  proper  governing  body  to  declare  such  territory 
to  be  no-license  territory  unless  a  majority  of  votes  is  cast  in  favor 
of  license;  providing  that  no  licenses,  permits,  or  other  authority  to 
sell  or  distribute  alcoholic  liquors  in  no-license  territory  shall  be 
granted;  forfeiting  and  declaring  void  all  such  licenses  or  permits 
theretofore  issued  and  in  force;  making  it  a  penal  offense  to  sell, 
give  away  or  distribute  alcoholic  liquors  within  such  territory,  with 
certain  exceptions;  and  providing  penalties  for  such  offenses, 
[Approved  April  4,  1911.     Stats.  1911,  p.  599.] 

Petition  for  election  on  local  option  question. 

§  1.  Qualified  electors  of  any  incorporated  city  or  town,  or  of  that 
portion  of  any  supervisorial  district  not  included  within  the  boundaries 
of  any  incorporated  city  or  town,  numbering  not  less  than  twenty-five 
per  cent  of  the  number  of  votes  cast  for  all  candidates  for  governor  in 
the  territory  described  in  the  petition,  at  the  last  preceding  election 
for  governor  of  the  state,  may  petition  the  city  council,  board  of  trustees 
or  other  legislative  body  of  such  city  or  town  or  the  board  of  supervisors 
of  the  county  in  which  such  supervisorial  district  is  situated,  to  call 
an  election  to  vote  upon  the  question,  whether  the  sale  of  alcoholic 
liquors  shall  be  licensed  in  such  city,  town,  or  supervisorial  district  out- 
side of  incorporated  cities  and  towns. 

Form  of  petition. 

§  2.     Such  petition  shall  be  substantially  in  the  following  form: 

To  the  ■ (here  insert  the  name  of  the  legislative  or  governing  body 

of  the  district:   city  council,  board  of  trustees,  board  of  supervisors,  or 

whatever  it  may  be)  of  the  (here  insert  description  and  name 

of  the  city,  town  or  county,  as  the  ease  may  be)  : 

The   undersigned,   residents   and    qualified    electors   of   the   (here 

insert   description   and  name   of  the   city,   town,   or   supervisorial   district 

outside    of   incorporated    cities    and   towns,    as   the    case    may    be)    

respectfully    petition    that   you    cause    to   be    submitted,    in   "the    manner 

provided  by  law,  to  the  voters  of  this  (here  insert  "city,"  "town," 

or   "supervisorial   district   outside   of   incorporated   cities   and   towns,"   as 

the  case  may  be)  the  proposition,  "Shall  the  sale  of  alcoholic  liquors 

be  licensed  in  this  (here  insert  'city,'  'town,'  or  'supervisorial  dis- 
trict outside  of  incorporated  cities  and  towns')   V 


Nam*  of  signer. 


House 
number. 


Street. 


Post- 
office. 


Date  of 
signing. 


Precinct. 


Petitioner's  signature.     Sworn  statement. 

§  3.     Each    petitioner   shall,   in   addition   to   signing  his   name   to  such 
petition,  write  opposite  his  name  thereon  his  place  of  residence,  giving 


1303  INTOXICATING  LIQUORS.  Act  1696,  §§  -i-O 

street  and  number,  if  any,  and  such  signing,  to  be  valid,  must  havo 
been  done  not  more  than  sixty  days  before  the  filing  of  said  petition. 
There  shall  be  attached  to  each  sheet  of  such  petition  a  statement, 
signed  and  sworn  to  by  a  resident  of  the  district  described  in  such  peti- 
tion, that  the  signatures  on  the  said  sheet  were  made  in  his  presence, 
by  the  persons  whose  names  purport  to  be  signed  thereto,  within  the 
time  as  provided  in  this  act,  and  that  to  the  best  of  his  knowledge  and 
belief  the  persons  whose  names  are  signed  thereto  were,  at  the  time 
of  signing  the  same,  qualified  electors  in  the  district  described  in  said 
petition.  No  names  shall  be  withdrawn  from  such  petition  after  the 
same  is  filed. 

Examination  of  petition.     Notice  to  person  filing.     Call  election. 

§  4.  Upon  the  filing  of  said  petition  the  clerk  of  the  body  to  which 
it  is  addressed  shall  forthwith  examine  it,  and  from  the  great  register 
ascertain  whether  or  not  said  petition  is  signed  by  the  requisite  number 
of  qualified  electors  of  the  territory  described  therein,  and.  if  necessary, 
he  shall  be  allowed  extra  help  for  that  purpose,  Ernd  within  ten  days 
from  the  date  of  filing  such  petition  he  shall  certify  in  writing  the 
result  of  such  examination  and  shall  file  this  certificate  with  the  peti- 
tion. If  the  clerk  finds  the  number  of  qualified  signers  to  be  insuffi- 
cient, he  shall  immediately  send  a  written  notice  to  the  person  who  filed 
the  petition,  stating  the  number  of  qualified  signers  he  has  found  there- 
on, and  that  they  are  not  sutficient;  and  the  petition  may  be  amended 
within  ten  days  from  the  date  of  such  notice  by  the  filing  of  a  sup- 
plementary petition.  The  clerk  shall  within  ten  days  after  such  amend- 
ment make  like  examination  and  certification  of  the  amended  petition. 
If  it  is  still  found  insufficient  he  shall  notify  the  person  who  filed  the 
petition  of  that  fact,  without  prejudice,  however,  to  the  filing  of  a  new 
petition  to  the  same  effect. 

If  the  petition  shall  be  certified  as  sufficient,  the  legislative  or  govern- 
ing body  having  jurisdiction  over  the  territory  described  therein  shall, 
within  the  time  prescribed  herein,  call  an  election  to  be  held  in  such 
territory  to  vote  upon  the  question  whether  the  sale  of  alcoholic  li'iimrs 
shall  be  licensed  therein. 

Provisions  governing  election. 

§  5.  Such  election  shall  be  called  and  held  in  the  manner  provided  by 
law;  and  all  the  provisions  of  law,  penal  or  otherwise,  ai)plicable  to  .i 
general  state  election  shall  apply  to  special  elections  held,  under  tliis 
act,  in  territory  outside  of  incorporated  cities  and  towns;  wliilc  all  the 
provisions  of  law  applicable  to  municipal  elections  shall  apply  to  special 
elections  held,  under  this  act,  in  incorporated  cities  and  towns. 

Question   may  be   submitted   at   general   election.     Special    election   not 
oftener  than  once  in  two  years. 
§  6.     If  said  petition  shall  be  certified  as  sufidcient  witliin  six  months 
and  not  less  than  forty  days  before  the  holding  of  the  next  general  state 


Actl696,  §§  7-10  GENERAL   LAWS.  1304 

or  general  municipal  election  within  the  territory  therein  described,  such 
question  shall  be  submitted  at  said  general  state  or  general  municipal 
election;  otherwise  a  special  election  to  vote  upon  the  question  shall  be 
called  to  be  held  within  not  less  than  thirty  nor  more  than  sixty  days 
after  the  petition  has  been  certified  as  sufficient,  provided,  that  no  elec- 
tion under  this  act  shall  be  held  within  two  years  of  any  previous 
election  held  under  this  act  within  the  same  territory. 

Iiicense  question  on  ballots  of  general  election. 

§  7.  If  said  petition  is  filed  with  the  governing  body  of  an  incor- 
porated city  or  town,  and  is  certified  as  sufficient  within  six  months  and 
not  less  than  forty  days  before  the  holding  of  the  next  general  state 
election,  said  body  shall  forthwith  request  the  board  of  supervisors  of 
the  county  in  which  such  city  or  town  is  located  to  place  the  license 
question  on  the  ballots  for  all  voting  precincts  within  such  city  or  town 
at  the  next  general  state  election,  in  the  form  provided  in  section  8 
hereof.  It  shall  be  the  duty  of  said  board  of  supervisors  to  comply  with 
such  request,  and  immediately  after  canvassing  the  returns  of  such  elec- 
tion to  report  the  vote  for  and  against  license  to  the  governing  body 
of  such  city  or  town,  and  it  shall  enter  the  same  upon  its  minutes, 
making  a  record  of  the  date  of  the  election  and  of  the  number  of  votes  for 
and  against  license. 

Ballot. 

§  8.     The  form  of  ballot  shall  be  as  follows: 


Shall   the   sal*   of   alcoholic   liquori   be   licensed   in   this    

(Here   insert   "city,"    "town,"    or    "supervisorial   district   outside   of 
incorporated  cities  and  towns,"  as  the  case  may  be) t 


Yes. 


No. 


To  vote  for  license,  electors  they  shall  stamp  a  cross  in  the  square 
opposite  the  word  "Yes"  on  the  ballot;  and  to  vote  against  license  they 
shall  stamp  a  cross  in  the  square  opposite  the  word  "No"  thereon. 

Contest  of  election. 

§  9.  Any  elector  of  the  territory  in  which  an  election  under  this  act 
is  held  may  contest  such  election  for  malconduct  on  the  part  of  an 
election  board  or  of  any  member  thereof  or  on  account  of  illegal  votes. 
Such  contest  shall  be  subject  to  all  the  provisions  of  law  relating  to 
the  contesting  of  elections,  so  far  as  the  same  may  be  applicable;  pro- 
vided, that  while  said  contest  is  pending,  and  until  the  same  is  decided, 
the  force  and  effect  of  said  election  shall  be  the  same  as  if  it  had  not 
been  contested. 

No-license  territory. 

§  10.  Unless  a  majority  of  the  votes  cast  on  this  question  at  such 
election  are  in  favor  of  license   the  territory   described   in   the   petition 


1305  INTOXICATING  LIQUORS.       Act  1696,  §§  11-14 

shall  be  no-license  territory  on  and  after  ninety  days  from  the  date  of 
said  election;  and  the  city  council,  board  of  supervisors  or  other  gov- 
erning body  having  jurisdiction  thereof,  shall  thereupon  make  an  entry 
on  its  records  declaring  that  such  described  territory  is  no-license  terri- 
tory; but  a  failure  to  make  such  entry  shall  not  affect  the  result  or 
efPect  of  such  election. 

In  any  prosecution  under  this  act  the  original  record  in  the  minutes 
of  said  governing  body  of  the  number  of  votes  east  at  such  election,  or 
a  copy  thereof  certified  by  the  clerk  of  said  governing  body  shall  be 
prima  facie  evidence  that  the  territory  in  which  such  election  was  held 
is  no-license  teritory;  provided  said  record  shows  that  at  said  election 
there  was  not  a  majority  vote  in  favor  of  license. 

Election  necessary  to  change  to  license  territory. 

§  11.  When  any  city,  town,  or  supervisorial  district  outside  of  incor- 
porated cities  and  towns,  becomes  no-license  territory  it  shall  remain 
such  until  at  a  subsequent  election,  called,  as  herein  provided,  to  vote 
on  the  question  of  whether  the  sale  of  alcoholic  liquors  shall  be  licensed 
therein,  a  majority  of  the  votes  cast  on  that  question  are  in  favor  of 
license.  It  shall  thereupon  cease  to  be  no-license  territory  within  the 
meaning  of  this  act. 

Licenses  in  such  territory  become  void. 

§  12.  No  license,  permit  or  other  authority  to  sell  or  distribute  alco- 
holic liquors  in  no-license  territory  shall  be  issued  except  to  registered 
pharmacists  and  to  manufacturers  of  such  liquors,  and  all  such  existing 
licenses  or  permits,  except  those  of  registered  pharmacists  and  manufac- 
turers, shall  immediately  become  void  when  the  territory  becomes  no- 
license  territory;  but  all  holders  of  such  licenses,  permits  or  other 
authority  shall,  upon  a  surrender  thereof,  be  entitled  to  a  rebate  of  the 
proportion  of  license  fee  paid  therefor  for  the  unexpired  term  for  which 
the  same  was  granted. 

Unlawful  to  sell  liquor. 

§  13.  It  shall  be  unlawful  for  any  person,  corporation,  firm,  company, 
association  or  club,  as  principal,  agent,  employee  or  otherwise,  witiiin  the 
boundaries  of  any  no-license  territory  to  sell,  furnish,  distribute  or  give 
away  any  alcoholic  liquors  except  as  provided  in  section  16  hereof. 

Unlawful  to  conduct  place  where  liquor  is  sold. 

§  14.  It  shall  be  unlawful  for  any  person,  corporation,  firm,  company, 
association  or  club,  within  any  no-license  territory  to  keep,  conduct 
or  establish,  as  principal  or  agent,  any  place  where  alcoholic  liquors  are 
sold,  served  or  distributed,  or  are  kept  for  the  purpose  of  sale  <>r  dis- 
tribution, except  as  provided  in  section  16  hereof;  and  every  day  that 
such  place  shall  be  kept,  established  or  conducted  shall  t-onstituto  a 
separate  offense. 


Act  1696,  §§  15,  16      GENERAL  LAWS.  '     1306 

Unlawful  to  solicit  orders  for  liquor. 

§  15.  It  shall  be  unlawful  for  any  person,  corporation,  firm,  company, 
association  or  club,  within  any  no-license  territory,  to  solicit  orders, 
take  orders  or  make  agreements  for  the  sale  or  delivery  of  alcoholic 
liquors;  provided,  that  this  shall  not  apply  to  the  taking  of  such  orders 
from  a  registered  pharmacist  at  his  place  of  business,  or  to  the  taking 
of  orders  for  alcoholic  liquors  on  the  premises  where  stored  or  manu- 
factured, under  the  conditions  stated  in  section  16  hereof. 

What  acts  not  unlawful. 

§  16.  Nothing  in  this  act  shall  be  interpreted  as  rendering  it  unlaw- 
ful to  keep  alcoholic  liquors  for  distribution,  or  to  sell  or  distribute  such 
liquors,  in  no-license  territory  in  the  manner  and  for  the  purposes  in 
this  section  provided: 

First — The  serving  of  such  liquors  by  any  person  at  his  own  home 
to  members  of  his  family  or  to  his  guests,  as  an  act  of  hospitality,  when 
no  money  or  thing  of  value  ife  received  in  return  therefor,  and  when 
said  home  is  not  a  place  of  public  resort; 

Second — The  serving  or  dispensing  of  such  liquors  by  any  registered 
pharmacist  for  bona  fide  medical  purposes  only,  upon  a  prescription 
issued,  signed  and  dated  by  a  duly  licensed  physician;  provided,  that 
the  name  of  the  person  applying  for  the  prescription  and  the  name  of 
the  person  for  w'hose  use  the  prescription  is  made  shall  be  inserted 
therein  by  the  physician  issuing  the  same  at  the  time  the  prescription 
is  made  or  given,  and  that  not  more  than  one  sale  or  furnishing  is  made 
upon  such  prescription,  and  that  all  such  prescriptions  are  kept  on  file 
at  the  place  of  business  of  such  pharmacist,  open  to  public  inspection; 
provided,  further,  that  no  such  liquors  so  dispensed  shall  be  drunk  upon 
the  premises  where  disj^ensed; 

Third — The  selling  of  alcohol  by  a  registered  pharmacist  for  other  than 
beverage  purposes;  provided,  that  such  pharmacist  shall  keep  a  record 
of  such  sales  in  which  shall  be  entered  the  date  of  the  sale,  the  quan- 
tity sold,  the  purpose  for  which  purchased,  and  the  signature  of  the 
person  purchasing  the  same;  such  record  to  be  open  to  public  inspection; 

Fourth — The  selling  of  wine  by  a  regularly  licensed  pharmacist  for 
sacramental  purposes  only;  provided,  such  wine  is  sold  only  to  a  regu- 
larly ordained  minister  of  some  religious  denomination,  or  upon  the 
written  order  of  the  local  official  board  or  governing  body  of  a  religious 
organization;  provided,  further,  that  such  pharmacist  shall  keep  a  record 
of  such  sales  in  which  shall  be  entered  the  date  of  the  sale,  the  quantity 
sold,  and  the  signature  of  the  person  purchasing  the  same;  such  record 
to  be  open  to  public  inspection; 

Fifth — The  distributing  of  wine  at  the  sacramental  service  of  any 
religious  organization; 

Sixth — The  keeping  of  alcoholic  liquors  at  cellars,  vaults  or  ware- 
houses, receiving  orders  at  such  cellars,  vaults  or  warehouses  for  said 
liquors,  and  the  shipping  of  the  same  therefrom;  provided,  said  liquors 
are   not   distributed    or   delivered   to   any   person    or  place   in   no-license 


1307  INTOXICATING  LIQUORS.        Act  1696,  §§17-19 

territory  within  the  county  in  which  such  cellars,  vaults  or  warehouses 
are  located,  except  when  delivered  to  a  common  carrier  for  shipment  to 
a  place,  outside  of  said  no-license  territory; 

Seventh — The  keeping  of  alcoholic  liquors  on  the  premises  where  manu- 
factured, receiving  orders  at  said  premises  for  such  liquors,  and  the  ship- 
ping of  the  same  from  such  premises;  provided,  said  liquors  are  not 
distributed  or  delivered  in  no-license  territory  within  the  county  in 
which  such  premises  are  located  in  quantities  of  less  than  two  gallons, 
and  are  not  delivered  to  any  person  or  place  in  such  territory  within 
said  county  except  as  follows:  (a)  to  a  common  carrier  for  shipment  to 
a  place  outside  of  said  no-license  territory;  (b)  to  other  manufacturers 
of  alcoholic  liquors  at  the  premises  where  they  manufacture  such  liquors; 
(c)  to  cellars,  vaults  or  warehouses  where  such  liquors  are  stored  or 
distributed  as  provided  in  the  sixth  paragraph  of  this  section;  (d)  to 
any  person  at  his  or  her  permanent  residence;  (e)  to  registered  phar- 
macists at  their  place  of  business. 

Physician  may  not  prescribe  for  person  not  in  actual  need. 

§  17.  No  physician  shall  give  to,  or  write  for,  any  well  person,  or 
person  not  in  actual  need  of  said  liquor  as  a  medicine,  any  prescription 
for  alcoholic  liquors,  either  separately  or  compounded  with  other  in- 
gredients; and  any  phj'sician  who  shall  assist  in  violating  or  evading 
any  of  the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  shall  be  liable  to  the  penalty  provided  in  section 
19  hereof. 

Pharmacists  to  file  monthly  statements  of  liquors  sold,  etc. 

§  18.  On  or  before  the  tenth  day  of  each  month  every  pharmacist  in 
no-license  territory,  who  keeps  or  dispenses  alcoholic  liquors,  shall  file 
with  the  county  clerk  of  the  county,  wherein  his  place  of  business  is 
located,  a  sworn  statement  of  the  kind  and  quantity  of  such  liquors  he 
has  received  during  the  previous  month,  showing  the  date  or  dates  on 
which  it  was  received  and  from  whom  purchased;  also  a  sworn  statement 
of  the  liquors  he  has  sold  or  dispensed  during  said  previous  month,  show- 
ing the  kind  and  quantity  of  liquors  in  each  sale,  the  date,  name  of  the 
purchaser,  and,  in  case  it  was  dispensed  on  a  prescription,  the  name  of 
the  physician  who  issued  the  prescription.  These  statements  sliall  be 
kept  on  file  bv  the  county  clerk  for  at  least  two  years,  open  to  public 
inspection.  Any  pharmacist  in  no-license  territory  failing  to  file  state- 
ments as  herein  provided,  or  filing  false  statements,  shall  be  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof  shall  be  liable  to  the  penalty 
provided  in  section  19  hereof. 

Penalty  for  violation.  i.    t.  n  t» 

§  19.  Any  person  violating  any  of  the  provisions  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  bv  a  fine  not  exceeding  six  hundred  dollars,  or  hy  imprisonment 
in  the  county  iail  not  exceeding  seven  months,  or  by  botli  such  (iiic  and 
imprisonment;  but  any  person  found  guilty  of  violating  any  of  the  pro- 


Act  1699  GENERAL  LAWS.  1308 

visions  of  this  act,  by  conviction  for  an  offense  committed  after  a  pre- 
vious conviction  under  this  act,  shall  be  punished  by  a  fine  not  exceeding 
six  hundred  dollars  nor  less  than  one  hundred  dollars,  and  by  imprison- 
ment in  the  county  jail  not  exceeding  seven  months,  nor  less  than  one 
month. 

Places  where  liquor  is  sold  in  no-license  territory  declared  nuisances. 
Right  of  search.  . 
§  20.  All  places  where  alcoholic  liquors  are  sold  or  distributed,  or 
are  kept  for  sale  or  distribution,  in  violation  of  any  of  the  provisions 
of  this  act,  are  hereby  declared  to  be  common  nuisances,  and  shall  be 
abated  as  such,  and  it  shall  be  the  duty  of  the  district  attorney  to  take 
action  to  abate  such  nuisances.  It  shall  be  the  duty  of  the  sheriff  and 
any  other  peace  officer  having  jurisdiction  within  any  no-license  territory 
to  put  persons  suspected  of  violating  any  of  the  provisions  of  this  act 
under  police  surveillance,  and  to  use  all  legal  means  in  detecting  and 
convicting  persons  violating  any  of  the  provisions  of  this  act.  The  right 
of  search  as  given  in  chapter  3  of  part  2  of  title  12,  of  the  Penal 
Code  of  the  state  of  California,  is  hereby  made  applicable  to  all  places 
where  there  is  reasonable  cause  to  believe  any  provision  of  this  act  is 
being  violated.  And  all  liquors  taken  from  places  operated  or  conducted 
in  violation  of  the  provisions  of  this  act  shall,  upon  conviction  of  such 
person  or  persons  from  whom  such  liquor  has  been  taken,  be  destroyed 
upon  order  of  the  court  in  which  such  conviction  has  been  had. 

"Alcoholic  liquors"  defined. 

§  21.  The  term  "alcoholic  liquors,"  as  used  in  this  act,  shall  include 
spirituous,  vinous  and  malt  liquors,  and  any  other  liquor  or  mixture  of 
liquors  which  contains  one  per  cent,  by  volume,  or  more,  of  alcohol,  and 
which  is  not  so  mixed  with  other  drugs  as  to  prevent  its  use  as  a  bever- 
age. 

Police  powers  not  limited. 

§  22.  Nothing  in  this  act  shall  be  construed  as  putting  any  limita- 
tions, except  such  as  are  positively  stated  herein,  upon  the  police  powers 
now  possessed, by  cities,  towns  and  counties. 

Citations.   Cal.  162/703;  163/610.   App.  18/719,  720;  (}  6)  18/716. 

TITLE  239a. 

INVESTMENT  COMPANIES. 
ACT  1699. 

An  act  to  define  investment  companies,  investment  brokers,  and  agents; 

to  provide  for  the  regulation,  supervision  and  licensing  thereof;   to 

provide  penalties  for  the   violation   thereof;   to   create   the   office   of 

commissioner  of  corporations,  and  making  an  appropriation  therefor. 

[Approved  May   28,   1913.     Stats.   1913,   p.   715.     In   effect   November   1, 

1913.] 


1309 


INVESTMENT    COMPANIES.  Act  1699,  §§  1-3 


Title  of  act. 

§  1.     This  act  shall  be  known  as  the  "investment  companies  act." 

Definitions.     "Investment  company." 

§  2.  (a)  The  term  "investment  company,"  when  used  in  this  act, 
includes  every  private  corporation,  association,  copartnership  and  com- 
pany, which  shall  within  this  state,  sell,  offer  for  sale,  negotiate  for 
the  sale  of  or  take  subscriptions  for  any  stock,  stock  certificate,  bond 
or  other  evidence  of  indebtedness  of  any  kind  or  character,  issued  or 
to  be  issued  by  itself,  other  than  promissory  notes  not  offered  to  the 
public  by  the  maker  thereof. 

"Security." 

(b)  The  term  "security,"  when  used  in  this  act,  includes  the  stock, 
stock  certificates,  bonds,  and  other  evidences  of  indebtedness,  other  than 
promissory  notes  not  offered  to  the  public  by  the  maker  thereof,  of  an 
investment  company. 

"Investment  broker."     "Contractor." 

(c)  The  term  "investment  broker,"  when  used  in  this  act,  includes 
every  corporation,  association,  copartnership,  company  and  person  who 
shall  within  this  state  regularly  engage  in  the  business  of  selling, 
offering  for  sale  or  negotiating  for  the  sale,  as  agent  or  contractor,  of 
any  security  of  more  than  one  investment  company.  The  term  "con- 
tractor" means  anyone  who  undertakes  to  sell  securities  for  an  invest- 
ment   company   for    a    commission    or    other    consideration. 

"Agent." 

(d)  The  term  "agent,"  when  used  in  this  act,  includes  every  corpora- 
tion, association,  copartnership,  company  and  person  who  shall  within 
this  state  sell,  offer  for  sale,  negotiate  for  the  sale  of  or  take  subscrip- 
tions for  any  security  of  an  investment  company,  either  as  an  employee 
on  a  salary  basis  or  for  a  commission,  if  acting  either  for  the  investment 
company  or  an  investment  broker. 

"Sale." 

(e)  The  term  "sale,"  when  used  in  this  act,  means  the  original  transfer 
of  title  of  its  own  securities  from  an  investment  company  for  any  valu- 
able consideration. 

Not  applicable  to  corporations  subject  to  railroad  commission,  etc. 

§  3.  This  act  shall  not  apply  to  corporations,  associations,  copart- 
nerships, companies,  firms  and  individuals  now  or  hereafter  subject  to 
the  jurisdiction  or  authority  of  the  railroad  commission,  nor  to  corpora- 
tions, associations,  copartnerships,  companies,  firms  and  individuals  after 
they  have  secured  from  the  state  banking  department,  the  insunince 
commissioner  or  the  bureau  of  building  and  loan  supervision  a  certifi<-ato 
of  authority  or  license  to  do  business  within  this  state,  nor  to  corpora- 
tions, associations,  copartnerships  or  companies,  subject  to  federal  rcgu- 


Act  1699,  §  4  GENERAL   LAWS.  1310 

lation  or  not  organized  for  profit,  nor  to  mutual  water  companies  and 
irrigation  districts,  nor  to  the  stocks,  stock  certificates,  bonds  or  other 
evidences  of  indebtedness  of  such  corporations,  associations,  copartner- 
ships, companies,  firms  or  individuals. 

Application  for  permission  to  sell  securities.     Filing  fee. 

§  4.  (a)  Before  selling,  offering  for  sale,  negotiating  for  the  sale,  or 
taking  subscriptions  for,  any  security  of  any  kind  or  character,  each 
investment  company  shall  file  in  the  office  of  the  commissioner  of  cor- 
porations of  this  state,  an  application  for  permission  so  to  do,  together 
with  a  filing  fee,  as  hereinafter  prescribed,  an  itemized  statement  of  its 
financial  condition,  in  such  form  and  detail  as  the  commissioner  of  cor- 
porations may  prescribe,  a  copy  of  all  contracts  which  it  proposes  to 
make  with  or  sell  to  the  public,  a  certified  copy  of  its  charter,  articles 
of  incorporation  or  articles  of  association  and  all  amendments  thereto, 
and  such  additional  information  pertaining  thereto  as  the  commissioner 
of  corporations  may,  from  time  to  time,  prescribe.  Said  filing  fee  shall 
be  five  dollars  if  the  par  or  face  value  of  said  security  amounts  to  twenty- 
five  thousand  dollars  or  less;  ten  dollars  if  the  par  or  face  value  of 
said  security  amounts  to  over  twenty-five  thousand  dollars  and  not  over 
fifty  thousand  dollars;  fifteen  dollars  if  the  par  or  face  value  of  said 
security  amounts  to  over  fifty  thousand  dollars  and  not  over  seventy- 
five  thousand  dollars;  twenty  dollars  if  the  par  or  face  value  of  said 
security  amounts  to  over  seventy-five  thousand  dollars  and  not  over 
one  hundred  thousand  dollars;  and  twenty-five  dollars  if  the  par  or  face 
value  of  said  security  amounts  to  over  one  hundred  thousand  dollars. 

Securities  not  for  sale  to  public  exempt. 

(b)  If  the  investment  company  does  not  desire  to  sell  its  securities 
to  the  public  the  commissioner  of  corporations  may  make  his  written 
finding  to  that  effect.  Upon  the  filing  of  said  finding  the  investment 
company  and  its  securities  shall  be  exempt  from  the  provisions  of  this 
act  until  the  commissioner  of  corporations  makes  and  files  his  order  set- 
ting aside  said  finding.  The  commissioner  of  corporations  shall  have 
power  to  make  his  order  setting  aside  said  finding  if  he  finds  that  the 
investment  company  is  selling  its  securities  to  the  public,  or  for  other 
good  cause. 

Companies  organized  in  other  states.     Attorney  upon  whom  process  may 
be  served.     Fee. 

(c)  If  such  company  is  organized  or  created  under  or  by  virtue  of 
the  laws  of  any  other  state,  territory  or  government,  it  shall  also  file 
in  the  office  of  the  commissioner  of  corporations  a  certified  copy  of  the 
law  or  laws  under  which  it  is  organized  or  incorporated,  and  all  amend- 
ments thereto,  and  also,  in  such  form  as  the  commissioner  of  corporations 
may  prescribe,  its  written  instrument,  irrevocable,  appointing  the  com- 
missioner of  corporations  or  his  successor  in  office  its  true  and  lawful 
attorney,  upon  whom  all  process  in  any  action  or  proceeding  against  it 


1311  INVESTMENT   COMPANIES.  Act  1699,  §  5 

may  be  served  with  the  same  effect  as  if  said  company  were  organized 
or  created  under  the  laws  of  this  state  and  had  been  lawfully  served 
with  process  therein.  Service  upon  such  attorney  shall  be  deemed  per- 
sonal service  upon  such  company.  The  commissioner  of  corporations 
shall  forthwith  forward  by  mail,  postage  prepaid  to  the  person  desig- 
nated by  such  company  by  written  instrument  filed  with  the  commis- 
sioner of  corporations  at  the  address  given  in  said  instrument,  or,  in 
case  no  such  instrument  has  been  filed,  fo  the  secretary  of  such  com- 
pany at  its  last  known  postofRce  address,  a  copy  of  every  process  served 
upon  him  under  the  provisions  of  this  section.  For  each  copy  of  process, 
the  commissioner  of  corporations  shall  collect  the  sum  of  two  dollars, 
which  shall  be  paid  by  the  plaintiff  or  moving  party  at  the  time  of 
such  service,  to  be  recovered  by  hira  as  part  of  his  taxable  costs,  if  he 
succeeds  in  the  suit  or  proceedings.  Service  shall  not  be  deemed  com- 
plete until  said  fee  has  been  paid,  and  said  copy  of  process  mailed  as 
hereinbefore  directed. 

Certificate.  Commissioner  to  examine  company's  affairs  before  issuing 
stock  to  directors.  Temporary  permit. 
§  5.  It  shall  be  the  duty  of  the  commissioner  of  corporations  to 
examine  the  statement  and  other  information  so  filed,  and  he  may,  if 
he  deems  it  advisable,  make,  or  have  made,  at  applicant's  cost  as  here- 
inafter in  this  act  specified,  a  detailed  examination,  audit  and  investiga- 
tion of  the  investment  company's  affairs,  providing  that  the  investment 
company  may  at  its  option,  in  writing,  refuse  to  have  such  examination, 
audit  or  investigation  made,  whereupon  the  commissioner  of  corpora- 
tions must  reject  the  application.  If  he  finds  that  the  proposed  plan 
of  business  of  the  investment  company  is  not  unfair,  unjust,  or  in- 
equitable the  commissioner  of  corporations  shall  issue  to  the  investment 
company  a  certificate,  authorizing  it  to  sell  securities,  as  therein 
specified  within  this  state,  reciting  that  the  company  has  complied 
with  the  provisions  of  this  act,  that  detailed  information  concerning 
the  investment  company  and  its  securities  is  on  file  in  the  office  of 
the  commissioner  of  corporations  and  that  the  investment  company 
is  authorized  to  sell  said  securities  within  this  state  on  such  conditions, 
if  any,  as  the  commissioner  of  corporations  may  in  said  certificate  pre- 
scribe. Said  certificate  shall  recite  in  bold  type  that  the  issuance  of 
this  certificate  is  permissive  only  and  does  not  constitute  a.  recom- 
mendation or  indorsement  of  said  securities.  The  commissioner  of 
corporations  may  impose  such  conditions  as  he  may  deem  necessary 
to  the  issue  of  said  securities,  and  may,  from  time  to  time,  for  cause, 
rescind,  alter  or  amend  the  certificate.  If  the  commissioner  of  corpora- 
tions finds  that  the  proposed  plan  of  business  of  the  investment  com- 
pany is  unfair,  unjust,  or  inequitable  or  that  it  does  not  intond  to  do 
a  fair  and  honest  business,  he  shall  refuse  to  issue  the  certificate  and 
shall  notify  the  investment  company  in  writing  of  his  decision.  t 
shall  be  unlawful  to  issue  any  security  to  which  this  act  is  applicable 


Act  1699,  §§  6,  7  GENERAL   LAWS.  1312 

unless  a  certificate  or  a  temporary  permit  authorizing  the  issue  thereof 
shall  first  have  been  secured  from  the  commissioner  of  corporations 
as  provided  in  this  act;  and  it  shall  further  be  unlawful  for  any  in- 
vestment company,  investment  broker  or  agent  as  in  this  act  defined, 
to  sell,  offer  for  sale,  negotiate  for  the  sale  of  or  take  subscriptions 
for  any  stock,  stock  certificate,  bond  or  other  evidence  of  indebtedness 
of  any  kind  or  character  without  exhibiting  to  the  prospective  purchaser 
or  prospective  purchasers  of  such  securities,  or  any  thereof,  a  copy 
of  the  certificate  issued  to  such  investment  company  in  accordance 
herewith.  A  corporation  may  without  applying  for  a  certificate  under 
the  provisions  of  this  act  issue  to  each  of  its  directors  one  share  of 
stock  for  the  purpose  of  qualifying  as  directors.  The  commissioner 
of  corporations,  if  satisfied  that  the  investment  company  intends  to 
do  a  fair,  just  and  equitable  business,  may,  forthwith  upon  the  filing 
of  the  statement  and  other  papers  required  by  section  4  of  this  act, 
issue  to  said  investment  company,  upon  such  conditions  as  he  may 
prescribe,  a  temporary  permit  to  issue  its  securities  pending  the  ex- 
amination of  said  statement  and  other  papers,  and  may,  from  time 
to  time,  for  cause,  rescind,  alter  or  amend  said  temporary  permit. 

Investment  brokers'  permit.     Fee. 

§  6.  The  provisions  of  sections  4  and  5  of  this  act,  in  so  far  as 
applicable,  shall  apply  to  investment  brokers;  provided,  that  the  com- 
missioner of  corporations  may,  if  he  finds  that  the  applicant  has  a  good 
business  reputation  and  deals  only  in  good  securities,  issue  to  an  in- 
vestment broker  a  general  permit  entitling  such  investment  broker 
to  sell  securities  within  this  state,  authorized  by  him,  until  the  first 
of  March  following,  when  it  will  be  necessary  to  secure  a  new  general 
permit.  For  each  such  general  permit  the  commissioner  of  corporations 
shall  charge  the  sum  of  five  dollars.  Such  general  permit,  however, 
shall  be  subject  to  revocation  by  the  commissioner  of  corporations  at 
any  time  for  cause  appearing  to  him  sufficient.  The  commissioner  of 
corporations  shall  forthwith  mail  written  notice  of  such  revocation  to 
the  investment  broker. 

Certificates  for  investment  brokers'  agents.     Fee. 

§  7.  Any  investment  company  or  investment  broker  may  appoint 
one  or  more  agents,  but  it  shall  be  unlawful  for  any  such  agent  to 
do  any  business  as  specified  in  this  act  until  he  shall  have  secured  from 
the  commissioner  of  corporations  a  certificate  authorizing  him  to  represent 
such  investment  company  or  investment  broker  within  this  state  until 
the  first  of  March  following,  when  it  will  be  necessary  to  secure  a  new 
certificate.  For  each  certificate  the  commissioner  of  corporations  shall 
charge  the  sum  of  one  dollar.  Such  certificate,  however,  shall  be  sub- 
ject to  revocation  by  the  commissioner  of  corporations  at  any  time 
for  cause  appearing  to  him  sufficient. 


1313  INVESTMENT    COMPANIES.         Act  1699,  §§  8-10 

Supervision  and  control  of  companies  and  "brokers.    Examination  fee. 

§  8.  The  commissioner  of  corporations  shall  have  general  supervision 
and  control,  as  provided  in  this  act,  over  any  and  all  investment  com- 
panies and  investment  brokers,  and  all  such  "investment  companies  and 
investment  brokers  shall  be  subject  to  examination  by  the  commissioner 
of  corporations  or  a  duly  authorized  deputy  at  any  time  the  commis- 
sioner of  corporations  may  deem  it  advisable  to  have  such  examination 
made  to  carry  out  any  provision  of  this  act,  and  in  the  same  manner 
and  with  the  same  powers  as  is  now,  or  may  hereafter  be  provided  for 
the  examination  of  state  banks.  Such  investment  company  or  invest- 
ment broker  shall  pay  to  the  commissioner  of  corporations,  for  each 
examination,  a  fee  of  ten  dollars  and  traveling  expenses  for  each  day 
or  fraction  thereof  that  he  or  his  deputy  shall  necessarily  be  absent 
from  his  office  for  the  purpose  of  making  such  examination,  and  the 
failure  or  refusal  of  any  investment  company  or  investment  broker 
to  pay  such  fee  upon  the  demand  of  the  commissioner  of  corporations 
shall  work  a  forfeiture  of  its  or  his  rights  to  sell  any  further  securities 
in  this  state  until  such  fee  shall  have  been  paid  to  the  commissioner 
of  corporations,  with  interest  at  the  rate  of  seven  per  cent  from  the 
time  of  the  demand  of  the  commissioner  of  corporations  and  an  ad- 
ditional twenty-five  per  cent  of  such  fee  by  way  of  penalty. 

Advertisements,  circulars,  etc. 

§  9.  It  shall  be  unlawful  for  any  investment  company,  investment 
broker  or  agent  to  issue,  circulate  or  deliver  any  advertisement,  pamphlet, 
prospectus,  circular  or  statement  or  other  document  in  regard  to  securi- 
ties which  it  desires  to  sell  in  this  state  until  after  such  investment 
company,  investment  broker  or  agent  shall  have  been  licensed  to  sell 
such  securities  as  provided  in  this  act.  It  shall  be  unlawful  for  any 
such  licensed  investment  company,  investment  broker  or  agent  to  issue, 
circulate  or  deliver  any  such  advertisement,  pamphlet,  prospectus,  cir- 
cular, statement  or  other  document,  unless  the  same  shall  be  signed 
with  the  name  of  the  investment  company  or  investment  broker  and 
bear  a  serial  number  and  a  copy  thereof  shall  first  have  been  filed 
with  the  commissioner  of  corporations.  The  commissioner  of  corpora- 
tions may  for  cause  object  to  any  such  advertisement,  pamphlet,  pros- 
pectus, circular,  statement  or  other  document,  whereupon  it  shall  bo 
unlawful  for  such  investment  company,  investment  broker  or  agent 
to  further  issue,  circulate  or  deliver  such  advertisement,  pamiihlct, 
prospectus,   circular,   statement   or   other   document. 

Semi-annual  repoiis. 

§  10.  (a)  Every  investment  company,  until  it  shall  have  sold  all 
the  securities  authorized  by  the  commissioner  of  corporadona  and  dis- 
posed of  the  proceeds  thereof,  shall  file  in  the  office  of  the  c(.mrai»sJoner 
of  corporations,  under  date  of  December  .list  and  June  noth  of  each 
year,  and  within  fifteen  days  after  said  dates,  and  also  at  such  other 
83 


Act  1699,  §§  11-13  GENERAL   LAWS.  1314 

times  as  may  be  required  by  the  commissioner  of  corporations,  a  re- 
port setting  forth  in  such  form  as  the  commissioner  of  corporation* 
may  prescribe,  the  securities  authorized  by  him  and  sold  under  the 
provisions  of  this  act,  the  proceeds  derived  therefrom,  the  disposition 
of  such  proceeds  and.  such  other  information  concerning  its  affairs 
relating  to  the  subject  matter  of  this  act,  as  the  commissioner  of  cor- 
porations may  require. 

Broker's  reports  on  securities. 

(b)  Every  investment  broker  shall  when  called  upon  by  the  com- 
missioner of  corporations  file  in  his  office  a  report  giving  such  informa- 
tion as  he  may  call  for,  relating  to  the  securities,  the  sale  of  which 
has  been   authorized  under  the   provisions   of  this   act. 

Papers  open  to  public  inspection. 

§  11.  All  papers,  documents,  reports  and  other  instruments  in  writ- 
ing filed  with  the  commissioner  of  corporations  under  this  act  shall 
be  open  to  public  inspection;  provided,  that  if  in  his  judgment  the 
public  welfare  or  the  welfare  of  any  investment  company  demands 
that  any  portion  of  such  information  be  not  made  public  he  may 
withhold  such  information  from  public  inspection  for  such  time  as  in 
his  judgment  is  necessary. 

Appeal  from  commissioner's  decision. 

§  12.  An  appeal  may  be  taken  from  any  decision  of  the  commissioner 
of  corporations  under  this  act  by  filing  with  the  clerk  of  the  superior 
court  of  the  state  of  California,  in  and  for  the  city  and  county  of 
San  Francisco,  a  certified  transcript  of  all  papers  in  the  office  of  the 
commissioner  of  corporations  relating  to  such  decision.  It  shall  be 
the  duty  of  the  commissioner  of  corporations  to  make  and  certify  to 
said  transcript  upon  payment  to  him  of  a  fee  of  ten  cents  for  each 
folio  and  one  dollar  for  the  certification.  The  court  shall  upon  such 
appeal  be  limited  to  a  consideration  of  the  question  whether  there  has 
been  abuse  of  discretion  on  the  part  of  the  commissioner  of  corporations 
in  making  such  decision. 

Penalty  for  false  statement. 

§  13.  Any  person  who  shall  knowingly  or  willfully  subscribe  to 
or  make  or  cause  to  be  made  any  false  statement  or  false  entry  in  any 
book  of  any  investment  company  or  investment  broker,  or  exhibit  any 
false  paper  with  the  intention  of  deceiving  any  person  authorized  to 
examine  into  its  affairs,  or  who  shall  make  or  publish  any  false  or 
misleading  statement  of  its  financial  condition  or  concerning  the  securi- 
ties by  it  offered  for  sale,  shall  be  guilty  of  a  misdemeanor  and  shall 
be  punishable  by  a  fine  not  exceeding  one  thousand  dollars  or  by  im- 
prisonment in  a  county  jail  not  exceeding  one  year  or  by  both  such 
fine  and  imprisonment. 


1315  INVESTMENT  COMPANIES.       Act  1699,  §§  14-17 

Penalty  for  company  violating  act. 

§  14.  Any  corporation,  association,  copartnership  or  company  -which 
violates  or  fails  to  comply  with  any  of  the  provisions  of  this  act,  or 
which  fails,  omits  or  neglects  to  obey,  observe  or  comply  with  any  order, 
decision,  demand  or  requirement,  or  any  part  or  provision  thereof,  of 
the  commissioner  of  corporations  under  the  provisions  of  this  act,  is 
subject  to  a  penalty  of  not  less  than  five  hundred  dollars  nor  more 
than  two  thousand  dollars  for  each  and  every  offense,  which  penalty 
if  unpaid  after  demand  by  the  commissioner  of  corporations  shall  be 
recovered  in  an  action  brought  in  the  name  of  the  people  of  the  state 
of  California  by  the  attorney  general. 

Penalty  for  person  violating  act. 

§  15.  Every  person  who  violates  or  fails  to  comply  with  any  of  the 
provisions  of  this  act  or  who  fails,  omits  or  neglects  to  obey,  observe 
or  comply  with  any  order,  decision,  demand  or  requirement,  or  any 
part  or  provision  thereof,  of  the  commissioner  of  corporations  under 
the  provisions  of  this  act  in  any  case  in  which  a  different  penalty  is 
not  specifically  provided,  is  guilty  of  a  misdemeanor  and  is  punish- 
able by  a  fine  of  not  exceeding  one  thousand  dollars,  or  by  imprisonment 
in  a  county  jail  not  exceeding  one  year,  or  by  both  such  fine  and  im- 
prisonment. 

Corporation  department  created.     Salary.     Bond. 

§  16.  There  is  hereby  created  a  state  corporation  department.  The 
chief  offieer  of  such  department  shall  be  the  commissioner  of  corpora- 
tions. He  shall  be  appointed  by  the  governor  and  hold  office  at  the 
pleasure  of  the  governor.  He  shall  receive  an  annual  salary  of  five 
thousand  dollars,  to  be  paid  monthly  out  of  the  state  treasury  upon 
a  warrant  of  the  controller.  He  shall  within  fifteen  days  from  the 
time  of  notice  of  his  appointment  take  and  subscribe  to  the  constitu- 
tional oath  of  office  and  file  the  same  in  the  office  of  the  secretary 
of  state  and  execute  to  the  people  of  the  state  a  bond  in  the  penal 
sum  of  ten  thousand  dollars  with  corporate  security  or  two  or  more 
sureties,  to  be  approved  by  the  governor  of  the  state,  for  the  faithful 
discharge  of  the  duties  of  his  office. 

Deputies.     Compensation.     Total  expenditure. 

§  17.  The  commissioner  of  corporations  shall  employ  s«fh_ clerks  and 
deputies  as  he  may  need  to  discharge  in  proper  manner  the  duties  imposed 
upon  him  by  law.  Neither  the  commissioner  of  corporations  nor  any 
of  his  clerks  or  deputies  shall  be  interested  in  any  investment  company, 
or  investment  broker,  as  director,  stockholder,  officer,  member,  ngont 
or  employee.  Such  clerks  and  deputies  shall  perform  such  duti.«s  ns 
the  commissioner  of  corporations  shall  assign  to  them.  He  shall  fix 
the  compensation  of  such  clerks  and  deputies  which  compensation  shall 
be  paid  monthly  on  the  certificate  of  the  commissioner  of  corporations, 


Act  1699,  §§  18-21  GENERAL  LAWS.  1316 

and  on  the  warrant  of  the  controller  out  of  the  state  treasury;  provided, 
however,  that  the  total  expenditures  provided  for  in  this  act  shall 
not  exceed  fifty  thousand  dollars  per  annum.  Each  deputy  shall  within 
fifteen  days  after  his  appointment  take  and  subscribe  to  the  constitu- 
tional oath  of  office  and  file  the  same  in  the  office  of  the  secretary  of 
state. 

Office  of  commissioneT. 

§  18.  The  commissioner  of  corporations  shall  have  his  office  in  the 
city  of  Sacramento  and  he  shall  from  time  to  time  obtain  the  neces- 
sary furniture,  stationery,  fuel,  light  and  other  proper  conveniences 
for  the  transaction  of  the  business  of  the  state  corporation  department, 
the  expenses  of  which  shall  be  paid  out  of  the  state  treasury  on  the 
certificate  of  the  commissioner  of  corporations  and  the  warrant  of 
the  controller. 

Corporation  commission  fund. 

§  19.  A  fund  is  hereby  created  to  be  known  as  the  "corporation  com- 
mission fund"  and  out  of  said  fund  shall  be  paid  all  the  expenses  in- 
curred in  and  about  the  conduct  of  the  business  of  the  corporation 
department,  including  the  salary  of  the  commissioner  and  his  clerks 
and  deputies,  traveling  expenses,  furnishing  rooms  and  rent.  All  moneys 
collected  or  received  by  the  commissioner  of  corporations  under  and 
by  virtue  of  the  provisions  of  this  act  shall  be  delivered  by  him  to 
the  treasurer  of  the  state,  who  shall  deposit  the  same  to  the  credit  of 
said  corporation  commission  fund.  And  all  such  fund  so  deposited  or 
such  part  thereof  as  may  be  necessary  for  the  purposes  of  this  act  are 
hereby  appropriated  to  the  use  of  the  corporation  commission  fund  for 
the  purposes  of  this  act.  It  shall  be  the  duty  of  the  commissioner  of 
corporations  semi-annually  to  certify  under  oath  to  the  state  treasurer 
and  secretary  of  state  the  total  amount  of  receipts  and  expenditures 
of  the  state  corporation  department  for  the  six  months  preceding.  All 
fees  and  payments  of  every  description  required  by  this  act  to  be 
paid  to  the  commissioner  of  corporations  shall  be  paid  by  him  to  the 
state  treasurer  on  the  first  day  of  each  week  following  their  receipt  by 
the  comissioner  of  corporations. 

Seal. 

§  20,  The  commissioner  of  corporations  shall  adopt  a  seal  with  the 
words  "Commissioner  of  Corporations,  State  of  California,"  and  such 
other  device  as  the  commissioner  of  corporations  may  desire  engraved 
thereon  by  which  he  shall  authenticate  the  proceedings  of  his  office. 
Copies  of  all  records  and  papers  in  the  office  of  the  corporation  depart- 
ment shall  be  received  in  evidence  of  all  cases  equally  and  with  like 
effect  as  the  originals. 

Reports  as  evidence. 

§  21.  Every  official  report  made  by  the  commissioner  of  corporations 
and  every  report,  duly  verified,  of  an  examination  made,  shall  be  prima 


1317  IRRIGATION.  Acts  1712,  1713 

facie  evidence  of  the  facts  therein  stated  for  all  purposes  in  any  action 
or  proceedings  wherein  any  investment  company  or  investment  broker 
is  a  party. 

Constitutionality  of  act. 

§  22.  If  any  section,  subsection,  sentence,  clause  or  phrase  of  this 
act  is  for  any  reason  held  to  be  unconstitutional,  such  decision  shall 
not  affect  the  validity  of  the  remaining  portions  of  this  act.  The  legis- 
lature hereby  declares  that  it  would  have  passed  this  act,  and  each 
section,  subsection,  sentence,  clause,  and  phrase  thereof  irrespective 
of  the  fact  that  any  one  or  more  other  sections,  subsections,  sentences, 
clauses  or  phrases  be  declared  unconstitutional. 

Repeal  of  inconsistent  acts. 

§  23.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of 
this  act  are  hereby  repealed. 

Appropriation. 

§  24.  The  sum  of  ten  thousand  dollars  is  hereby  appropriated  out 
of  any  moneys  in  the  state  treasury  not  otherwise  appropriated  for  the 
purpose  of  carrying  this  act  into  effect. 

In  effect. 

§  25.     This  act  shall  take  effect  November  1,  1913. 

TITLE   241. 
lEEIGATION. 
ACT  1712. 

An  act  to  recognize  and  declare  valid  all  proceedings  in  Oakdale  irriga- 
tion  district. 
[Approved  March  1,  1911.     Stats.  1911,  p.  2G2.] 

Oakdale  irrigation  district. 

§  1.  Oakdale  irrigation  district  as  formed  by  the  board  of  super- 
visors of  Stanislaus  countv,  state  of  California,  and  as  now  existing  is 
hereby  recognized  and  declared  valid,  and  all  proceedings  on  organiza- 
tion and  formation  are  hereby  approved,  and  declared  valid. 

§  1.     This  act  shall  take  effect  immediately. 

ACT  1713. 

An  act  to  recognize  and  declare  valid  all  procee<lings  in  Tnrlnck  irriga- 
tion district. 
[Approved  March  1,   1911.     Stats.   1911,  p.  201.] 

Turlock  irrigation  district.  ,    ,       xi      u       i      r   „.,.,„.. 

§  1.     Turlo.k    irrigation    district,    as    formed    by    the    board    of   .miper- 

visors  of  Stanislaus  county,  state  of  California,  and   as  now   existing  ..i 


Acts  1714^1725a  general  laws.  1318 

hereby  recognized  and  declared  valid,  and  all  proceerlings  on  organiza- 
tion and  formation  are  hereby  approved,  and  declared  valid. 

§  2.     This  act  shall  take  effect  immediately. 

ACT  1714. 

An  act  to  recognize  and  declare  valid  all  proceedings  in  Modesto  irriga- 
tion district. 
[Approved  March  1,  1911.     Stats.  1911,  p.  262.] 

Modesto  irrigation  district. 

§  1.  Modesto  irrigation  district  as  formed  by  the  board  of  supervis- 
ors of  Stanislaus  county,  state  of  California,  and  as  now  existing  is 
hereby  recognized  and  declared  valid,  and  all  proceedings  on  organiza- 
tion and  formation  are  hereby  approved  and  declared  valid. 

§  2.     This  act  shall  take  effect  immediately. 

ACT  1715, 

An   act   to   recognize   and    declare    valid    all    proceedings   in    South    San. 

Joaquin   irrigation    district. 

[Approved  March  1,  1911.     Stats.   1911,  p.  2G2.] 

South  San  Joaquin  irrigation  district, 

§  1.  South  San  Joaquin  irrigation  district  as  formed  by  the  board 
of  supervisors  of  San  Joaquin  county,  state  of  California,  and  as  now- 
existing  is  hereby  recognized  and  declared  valid,  and  all  proceedings 
on  organization  and  formation  are  hereby  approved,  and  declared  valid. 

§  2,     This  act  shall  take  effect  immediately. 

ACT  1717, 

Citations.      Cal.   155/216,    219,   220,   221. 

ACT  1720. 

Citations.      Cal.   162/20;    (§§1   and  2)    162/22;    (§   4)    162/20,   21. 

ACT  1725a. 

An  act  to  organize  and  declare  valid  all  proceedings  in  the  San  Ysidro 

irrigation    district. 

[Approved  April  14,  1913.     Stats.  1913,  p.  25.] 

San  Ysidro  irrigation  district  validated. 

§  1.  San  Ysidro  irrigation  district  as  formed  by  the  board  of  super- 
visors of  San  Diego  county,  state  of  California,  and  as  now  existing,  is 
hereby  organized  and  declared  valid,  and  all  proceedings  in  organiza- 
tion or  formation  are  hereby  approved  and  declared  valid. 


1319  raRiGATiON.  Act  1725b,  §  1 

Boundaries. 

§  2.  The  boundaries  of  said  district  are  hereby  declared  to  be  as 
follows:  Beginning  at  a  point  1330.14  feet  west  of  the  quarter  corner 
to  section  one,  (township  19  south,  range  2  west  and  section  6,  township 
19  south,  range  1  west,  San  Bernardino  meridian,  thence  north  along 
the  subdivision  line  of  said  section  1,  2640  feet  more  or  less  to  the  line 
between  townships  18  and  19  south,  range  2  west;  thence  north  along  the 
subdivision  line  of  section  36,  township  18  south,  range  2  west,  600  feet 
to  a  point;  thence  west  600  feet  to  a  point;  thence  north  45  degrees, 
west  933.5  feet,  more  or  less  to  the  northwest  corner  of  the  southwest 
quarter  of  the  southwest  quarter  of  the  southeast  quarter  of  section 
36;  thence  north  along  the  north  and  south  center  line  of  section  36, 
800  feet  to  a  point;  thence  west  2640  feet  more  or  less  to  a  point  on  line 
between  sections  35  and  36;  thence  north  522.80  feet  to  the  quarter 
corner  between  sections  35  and  36;  thence  west  2640  feet  more  or  less 
to  the  center  of  section  35;  thence  south  along  the  center  line  of  section 
35,  1320  feet  more  or  less  to  the  eighth  corner  of  said  section  35;  thence 
east  along  said  subdivision  line  1165  feet  more  or  less  tp  the  northwest 
corner  of  the  Levi  Ware  tract;  thence  south  along  the  west  line  of  said 
tract  600  feet  more  or  less  to  the  northerly  line  of  the  right  of  way  of 
the  San  Diego  southern  railway;  thence  southeasterly  along  the  northerly 
line  of  said  right  of  way  to  a  point  198  feet  west  of  the  line  between 
sections  35  and  36;  thence  south  0  degrees  22  minutes  west,  1355.75 
feet,  to  the  southwest  corner  of  addition  number  3  to  San  Ysidro,  map 
on  file  in  the  county  recorder's  office  of  San  Diego  county,  California; 
thence  south  89  degrees  55  minutes  east  950  feet  more  or  less  to  the 
west  line  of  "N"  tract,  San  Ysidro  subdivision;  thence  south  along  the 
west  line  of  said  "N"  tract  to  the  center  line  of  section  1,  thence  east 
along  the  center  line  of  section  1  to  the  place  of  beginning. 

ACT  1725b. 

An  act  validating  the  formation  and  organization,  and  determining  the 
boundaries  of  Imperial  irrigation  district  in  the  county  of  Imper- 
ial, state  of  California. 

[Approved  December  24,  1911.     Stats.  Ex  Sess.  1911,  p.  119.] 

Imperial  irrigation  district. 

§  1.  Imperial  irrigation  district  in  the  county  of  Imperial,  state 
of  California,  as  authorized  by  an  affirmative  vote  of  one  thousand  two 
hundred  and  ninetv-eight  qualified  electors  of  the  territory  embrju-ed 
within  the  boundaries  of  said  district  to  three  hundred  and  Hixty-two 
votes  against  the  organization  thereof,  and  as  formed  and  orgaiiized  by 
the  board  of  supervisors  of  said  Imperial  county  and  as  now  eiisfin^, 
is  hereby  recognized  and  declared  valid  and  all  jiroroedings  on  for- 
mation and  organization  thereof  are  hereby  apj.ruv...]  and  declared  valid. 


Act  1725b,  §  2  GENERAL  LAWS,  1320 

Boundaries. 

§  2.  The  boimdaries  of  said  district  are  hereby  declared  to  be  as 
follows:  Beginning  at  a  point  in  the  international  boundary  line  between 
the  United  States  and  Mexico,  said  point  being  situated  200 'feet  west- 
erly from  Monument  No.  217  and  running  thence  north  to  the  norlh 
line  of  section  10,  in  township  17  south,  range  16  east,  according  to  the 
United  States  resurvey;  thence  east  one  mile  more  or  less  to  the 
quarter  corner  between  sections  2  and  11  in  said  township;  thence  north 
one-half  mile  more  or  less  to  the  center  of  section  2;  thence  east  one- 
half  mile  more  or  less  to  the  east  line  of  said  section  2;  thence  north 
one  and  one-half  miles  more  or  less  to  the  intersection  of  the  east  line  of 
tract  51,  with  the  north  line  of  section  35,  all  in  township  16  south, 
range  16  east,  according  to  the  United  States  resurvey.  Thence  east 
along  the  north  line  of  said  section  35,  one-half  mile;  thence  north  one 
mile  more  or  less,  to  the  southwest  corner  of  tract  64  in  said  township 
16  south,  range  16  east;  thence  east  one-half  mile  to  the  southeast 
corner  of  said  tract  64;  thence  north  along  tract  lines  three  miles  to 
the  southeast  corner  of  tract  99,  in  said  township  16  south,  range  16 
east;  thence  west  quarter  mile  to  the  southwest  corner  of  said  tract  99; 
thence  north  one  mile,  more  or  less,  to  the  north  line  of  section  2,  of 
said  township;  thence  west  one  mile  more  or  less  to  the  northwest  cor- 
ner of  said  section  2;  thence  north  one  mile  to  the  northeast  corner  of 
section  34,  in  township  15  south,  range  16  east;  thence  west  one-half 
mile  to  the  quarter  corner  between  sections  27  and  34  of  said  town- 
ship;   thence   north    two    miles   to   the    quarter   corner   between    sections 

15  and  22  of  said  township;  thence  east  oue-half  mile  to  southeast 
corner  of  said  section  15;  thence  north  along  section  lines  eight  and 
one-half  miles  to  the  quarter  corner  between  sections  2  and  3  in  town- 
ship 14  south,  range  16  east;  thence  west  one-half  mile  to  the  center 
of  said  section  3;  thence  north  one-half  mile  to  the  quarter  corner 
between  said  section  3  and  section  34  in  township  13  south,  range  16 
east;  thence  west  one-half  mile;  thence  north  one  mile;  thence  west 
one-half  mile;  thence  north  one  mile;  thence  west  one-half  mile; 
thence  north  two  miles;  thence  west  one  mile;  thence  north  to 
the    northeast    corner    of    section    6,    in    said    township    13    south,  range 

16  east;  thence  west  to  the  quarter  corner  on  the  south  side  of  sec- 
tion 36,  in  township  12  south,  range  15  east,  according  to  the  1856 
survey;  thence  north  one  mile;  thence  west  one  mile;  thence  north  one 
mile;  thence  west  one-half  mile;  thence  north  one  mile;  thence  west 
one-half  mile;  thence  north  one  mile;  thence  west  one  mile;  thence  north 
one  mile;  thence  west  one-half  mile;  thence  north  one  mile  to  the  south- 
east corner  of  section  32  in  township  11  south,  range  15  east,  accord- 
ing to  1856  survey;  thence  west  one  mile;  thence  north  one  mile;  thence 
west  one-half  mile;  thence  north  one  mile;  thence  west  one-half  mile; 
thence  north  one  mile;  thence  west  one  mile;  thence  north  one-half  mile; 
thence  west  one-half  mile;  thence  north  one  and  one-half  miles;  thence 
west    one-half    mile;    thence    north    one-half    mile;    thence    west    one-half 


1321  IRRIGATION.  '  Act  1726,  §  1 

mile;  thence  north  one-half  mile  to  the  quarter  corner  on  the  north  side 
of  section  3,  township  11  south,  range  14  east,  according  to  the  1856 
survey;  thence  west  along  township  line  six  and  one-half  miles,  more 
or  less  to  the  northwest  corner  of  section  3  in  township  11  south,  range 
13  east,  according  to  the  1856  survey;  thence  south  four  miles;  thence 
west  three  miles;  thence  south  five  miles;  thence  west  five  miles;  thence 
south  three  miles  to  the  southwest  corner  of  section  32  in  township  12 
south,  range  12  east,  according  to  the  1856  survey;  thence  east  one-half 
mile,  more  or  less,  to  the  northwest  corner  of  section  4  in  township  13 
south,  range  12  east,  according  to  the  United  States  resurvey;  thence 
south  one  mile,  more  or  less,  to  the  southwest  corner  of  said  section  4; 
thence  cast  one-half  mile;  thence  south  one  mile;  thence  east  one-half 
mile;  thence  south  one  mile;  thence  east  one  mile;  thence  south  one 
mile;  thence  east  one  mile;  thence  south  one-half  mile;  thence  east 
one-half  mile;  thence  south  one  and  one-half  miles;  thence  east  one-half 
mile  to  the  southeast  corner  of  section  36  in  township  13  south,  range 
12  east,  United  States  resurvey;  thence  south  one  mile;  thence  east  one- 
half  mile;  thence  south  one-half  mile;  thence  east  one-half  mile;  thence 
south  one-half  mile;  thence  east  one-half  mile;  thence  south  one  mile; 
thence  east  one  mile;  thence  south  one  mile;  thence  west  one  mile  more 
or  less  to  the  canal  known  as  the  Thistle  canal,  and  shown  on  the  offi- 
cial map  of  Imperial  county  of  date  1909,  as  "No  8,  high  line  canal 
(proposed)";  thence  southeasterly  along  said  canal  to  its  intersection 
with  the  West  Side  main  canal;  thence  westerly  along  said  West  Side 
main  canal,  to  its  intersection  with  the  Fern  canal  as  shown  on  said  offi- 
cial map;  thence  westerly  and  southwesterly  along  the  west  side  of  said 
Fern  canal  to  its  intersection  with  said  West  Side  main  canal;  thence 
in  a  southerly  direction  along  said  West  Side  main  canal,  as  shown  on 
said  official  map,  to  its  intersection  with  the  boundary  line  hetween 
United  States  and  Mexico;  thence  easterly  along  said  boundary  line  to 
the  point  of  beginning. 

ACT  1726. 

An  act  to  provide  for  the  organization  and  government  of  irrigation 
districts,  and  to  provide  for  the  acquisition  or  construction  tliereby 
of  works  for  the  irrigation  of  the  lands  embraced  within  such  di.s- 
tricts,  and,  also,  to  provide  for  the  distribution  of  water  for  irriga- 
tion purposes. 

[Approved  March  31,  1897.       Stats.  1897,  p.  254.] 
Amended   1901,   p.    815;    1905,   p.   27;    1909,   pp.   12.   46.   429,   461.   998.    1062, 
1075;    1911,    pp.    509,    1111;    Ex.    Sess.    1911,   pp.    135.   139.    248;    1918,   pp.   59. 
781,    993. 
The  amendments  of  1911  and  1913  are  as  follows: 

Organization  of  irrigation  district. 

§  1.     A  majoritv  in  number  of  the  holders  of  title  or  evidence  of  title, 
including  the   holders   of   possessory   rights  under   receipts   or   otlicr   evi- 


Act  1726,  §  2  ~  GENERAL  LAWS.  1322 

dence  of  the  rights  of  entrymen  or  purchasers  under  any  law  of  the 
United  States  or  of  this  state,  to  lands  susceptible  of  irrigation  from  a 
common  source  and  by  the  same  system  of  works,  such  holders  of  title, 
or  evidence  of  title  and  of  possessory  rights,  representing  a  majority  in 
value  of  said  lands,  according  to  the  equalized  county  assessment-roll 
or  rolls  for  the  year  last  preceding,  may  propose  the  organization  of  an 
irrigation  district  under  the  provisions  of  this  act.  Said  equalized 
assessment-roll  or  rolls  shall  be  sufficient  evidence  of  title  and  of  such 
possessory  rights,  for  the  purposes  of  this  act.  [Amendment  approved 
March  28,  1911;  Stats.  1911,  p.  509.] 

Organization  of  districts.  Investigation  of  state  engineer.  Changes  in 
boundaries. 
§  2.  In  order  to  propose  the  organization  of  an  irrigation  district, 
a  petition  shall  be  presented  to  the  board  of  supervisors  of  the  county 
in  which  the  lands  within  the  proposed  district,  or  the  greater  portion" 
thereof,  are  situated,  signed  by  the  required  number  of  holders  of  title, 
or  evidence  of  title,  including  such  aforesaid  possessory  rights,  to  lands 
within  such  proposed  district,  and  representing  the  requisite  majority  in 
value  of  said  lands,  which  petition  shall  set  forth  generally  the  bound- 
aries of  the  proposed  district  and  also  shall  state  generally  the  source 
or  sources  (which  may  be  in  the  alternative)  from  which  said  lands  are 
proposed  to  be  irrigated,  and  shall  pray  that  the  territory  embraced 
within  the  boundaries  of  the  proposed  district  may  be  organized  as  an 
irrigation  district  under  the  provisions  of  this  act.  The  petition  may 
consist  of  any  number  of  separate  instruments,  and  must  be  accompanied 
with  a  good  and  sufficient  undertaking,  to  be  approved  by  the  board 
of  supervisors,  in  double  the  amount  of  the  probable  cost  of  organizing 
such  district,  conditioned  that  the  sureties  shall  pay  all  of  said  costs  in 
case  said  organization  shall  not  be  effected.  Said  petition  shall  be  pre- 
sented at  a  regular  meeting  of  said  board  and  shall  be  published  for 
at  least  two  weeks  before  the  time  at  which  the  same  is  to  be  presented 
in  some  newspaper  of  general  circulation  printed  and  published  in  the 
county  where  said  petition  is  presented,  together  with  a  notice  stating 
the  time  of  the  meeting  at  which  the  same  will  be  presented;  and  if 
any  portion  of  the  lands  within  said  proposed  district  lie  within  another 
county  or  counties,  then  said  petition  and  notice  shall  be  published, 
as  above  provided,  in  a  newspaper  published  in  each  of  said  counties. 
When  contained  upon  more  than  one  instrument,  one  cop}'  only  of  such 
petition  need  be  published,  but  the  names  attached  to  all  of  said  in- 
struments must  appear  in  such  publication.  On  or  before  the  day  on 
which  said  petition  is  presented  to  said  board  of  supervisors,  a  copy  of 
said  petition  shall  be  filed  in  the  office  of  the  state  engineer.  When 
said  petition  is  presented,  said  board  of  supervisors  shall  hear  the  same 
and  shall  proceed  to  determine  whether  or  not  said  petition  complies 
with  the  requirements  hereinbefore  set  forth  and  whether  or  not  the 
notice  required  herein  has  been  published  as  required,  and  must  hear  all 


1323  IRRIGATION.  Act  1726,  §  2 

competent  and  relevant  testimony  offered  in  support  of  or  in  opposition 
thereto.  Said  hearing  may  be  adjourned  from  time  to  time  for  the 
determination  of  said  facts,  not  exceeding  two  weeks  in  all.  No  defect 
in  the  contents  of  the  petition  or  in  the  title  to  or  form  of  the  notice 
or  signatures,  or  lack  of  signatures  thereto,  shall  vitiate  any  proceed- 
ings thereon;  provided,  such  petition  or  petitions  have  a  sufficient  num- 
ber of  qualified  signatures  attached  thereto.  The  determination  of  the 
board  shall  be  expressed  by  resolution.  If  it  shall  determine  that  any 
of  the  requirements  hereinbefore  set  forth  have  not  been  compiled  with, 
the  matter  shall  be  dismissed,  but  without  prejudice  to  the  right  of  the 
proper  number  of  persons  to  present  a  new  petition  covering  the  same 
matter  or  to  present  the  same  petition  with  additional  signatures,  if 
such  additional  signatures  are  necessary  to  comply  with  the  requirements 
of  this  act.  If  the  board  of  supervisors  shall  determine  that  the  peti- 
tioners have  complied  with  the  requirements  hereinbefore  set  forth,  it 
shall  cause  a  copy  of  the  resolution  so  declaring  to  be  forwarded  to 
the  state  engineer  and  shall  postpone  further  hearing  of  said  petition 
for  one  month,  or  from  time  to  time,  not  exceeding  one  mouth  in  all. 
Upon  receiving  a  copy  of  said  resolution,  the  state  engineer  shall  make 
or  cause  to  be  made  such  an  investigation  as  may  be  practicable,  with  a 
view  to  determining  whether  any  condition  or  conditions  exist  that 
would  justify  him  in  reporting  against  the  organization  of  the  proposed 
district.  He  shall  report  in  writing  on  the  matter  to  the  board  of  super- 
visors from  which  the  copy  of  said  resolution  was  received,  and  said 
report  shall  be  made  within  one  month  from  the  date  of  the  adoption 
of  said  resolution,  but  failure  by  the  state  engineer  to  perform  any  duty 
required  herein  shall  not  invalidate  the  organization  of  any  district, 
nor  shall  any  board  of  supervisors,  because  of  failure  to  receive  a  report 
from  the  state  engineer,  delay  the  proceedings  herein  required  for  a 
longer  time  than  is  allowed  herein.  If  the  state  engineer  shall  report 
that  the  supply  of  water  available  for  the  use  of  the  proposed  district, 
or  that  may  be  acquired  by  any  practicable  means,  including  the  con- 
demnation of  existing  rights,  is  not  sufficient  or  that  the  project  is 
not  feasible  for  any  other  reason  or  reasons  and  if  such  report  shall 
be  filed  with  the  said  board  of  supervisors  before  the  expiration  of  one 
month  from  and  after  the  date  of  the  adoption  of  the  aforesaid  resolu- 
tion, the  hearing  of  the  petition  shall  again  be  continued  for  one  month 
and  shall  then  be  dismissed,  unless  the  board  of  supervisors  siiall  be 
requested  in  writing  by  three-fourths  of  the  holders  of  title  or  pvidcnco 
of  title,  including  possessory  rights,  to  lands  within  said  proposed  dis- 
trict to  grant  the  same;  provided,  that  if  such  request  is  not  received, 
the  board  of  supervisors  may  modify  the  plans  for  the  proposed  district 
in  accordance  with  recommendations  by  the  state  engineer.  If  the  re- 
port of  the  state  engineer  shall  not  compel  the  continuance  of  the  matter 
as  aforesaid,  the  board  of  supervisors  shall,  at  the  regular  mo.-tnig  at 
which  said  report  shall  have  been  received,  proceed  to  a  final  hearing 
of   thp    petition,    and   if   said   board    shall,    after    receiving    an    udverso 


Act  1726,  §§  3,  4  GENERAL  LAWS.  1324 

report  from  the  state  engineer,  decide  to  modify  the  plan  as  set  forth 
in  said  petition  or  shall  be  requested  in  writing  by  three-fourths  of  the 
holders  of  title  or  evidence  of  title,  including  possessory  rights,  to  the 
lands  within  said  proposed  district  to  grant  said  petition,  said  board 
shall  then  proceed  to  a  final  hearing  of  the  matter.  On  any  final  hear- 
ing herein  provided  for,  the  board  may  adjourn  from  day  to  day,  but 
not  for  a  longer  time,  until  a  determination  of  the  matter  is  reached. 
On  said  final  hearing  said  board  shall  make  such  changes  in  the  proposed 
boundaries  as  it  may  deem  advisable  and  shall  define  and  establish  such 
boundaries;  but  said  board  shall  not  modify  said  boundaries  so  as  to 
exclude  from  such  proposed  district  any  territory  which  is  susceptible 
of  irrigation  -from  any  of  the  sources  proposed,  unless  said  board  shall 
decide  to  modify  the  plan  for  such  proposed  district,  as  herein  provided, 
nor  shall  any  lands  which  will  not,  in  the  judgment  of  said  board,  be 
benefited  by  irrigation  by  means  of  any  of  said  systems  of  works  be 
included  within  such  proposed  district.  Any  person  whose  lands  are 
susceptible  of  irrigation  from  any  of  the  proposed  sources  may,  upon  his 
application,  in  the  discretion  of  said  board,  have  such  lands  included 
within  said  proposed  district.  [Amendment  approved  June  16,  1913; 
Stats.  1913,  p.  994.] 

Also  amended  March  28,  1911    (Stats.  1911,  p.  509). 

Order  reaffirming  conclusions. 

§  3.  Upon  the  final  hearing  of  said  petition  or  said  matter,  the 
board  of  supervisors  shall  make  an  order  reaffirming  its  conclusions  as 
to  the  geniiineness  and  sufficiency  of  the  petition  and  notice  hereinbefore 
provided  for,  reciting  that  a  report  regarding  the  proposed  district  has 
been  made  by  the  state  engineer  and  is  on  file  with  the  other  records 
of  the  board,  and  describing  the  boundaries  of  the  proposed  district 
as  defined  and  established  by  said  board.  Said  order  shall  be  entered 
in  full  upon  the  minutes  of  said  board.  At  said  final  hearing  no  evi- 
dence shall  be  heard  against  the  genuineness  or  sufficiency  of  said  peti- 
tion or  notice  unless  it  shall  be  shown  to  the  satisfaction  of  said  board 
that  new  evidence  which,  if  uncontradicted,  would  disprove  the  genuine- 
ness or  sufficiency  of  said  petition  or  notice  has  been  discovered  since 
said  board  adopted  the  resolution  declaring  that  said  petition  and 
notice  complied  with  all  the  requirements  of  this  act.  In  case  any 
new  evidence  is  admitted,  full  opportunity  shall  be  given  for  the  in- 
troduction of  evidence  in  rebuttal  thereof.  [Amendment  approved 
June  16,  1913;  Stats.  1913,  p.  996.] 

Finding  of  board  to  be  conclusive. 

§  4.  A  finding  of  the  board  of  supervisors  in  favor  of  the  genuine- 
ness and  sufficiency  of  the  petition  and  notice  shall  be  final  and  con- 
clusive against  all  persons  except  the  state  of  California  upon  suit 
commenced  by  the  attorney  general.  Any  such  suit  must  be  com- 
menced  within    one   year   after   the    order   of   the    board    of   supervisors 


1325  IRRIGATION.  Act  1726;  §  15 

declaring  such  district  organized  as  herein  provided,  and  not  otherwise. 
[Amendment   approved  January  2,   1912;   Stats.  Ex.  Sess.  1911,  p.   1.39.] 

Powers  of  directors.  Limit  of  purchase.  Dams.  Conveyances.  Suits 
at  law.  Rules  for  use  of  water. 
§  15.  The  board  of  directors  shall  have  the  power,  and  it  shall  he 
their  duty,  to  manage  and  conduct  the  business  and  affairs  of  the  dis- 
trict; make  and  execute  all  necessary  contracts;  employ  and  appoint  such 
agents,  officers,  and  employees  as  may  be  required,  and  prescribe  their 
duties.  The  board  and  its  agents  and  employees  shall  have  the  right 
to  enter  upon  any  land  to  malsie  surveys,  and  may  locate  the  necessary 
irrigation  works  and  the  line  for  any  canal  or  canals,  and  the  necessary 
branches  for  the  same,  on  any  lands  which  may  be  deemed  best  for  such 
location.  Said  board  shall  also  have  the  right  to  acquire,  by  purchase, 
lease,  contract,  condemnation,  or  other  legal  means,  all  lands,  and 
waters,  and  water  rights,  and  other  property  necessary  for  the  construc- 
tion, use,  supply,  maintenance,  repair  and  improvements  of  said  canal, 
or  canals,  and  works,  including  canals  and  works  constructed  and  being 
constructed  by  private  owners,  lands  for  reservoirs  for  the  storage  of 
needful  waters,  and  all  necessary  appurtenances,  and  also  where  neces- 
sary or  convenient  to  said  ends  to  acquire  and  hold  the  stock  of  other 
corporations  owning  waters,  canals,  waterworks,  franchises,  concessions 
or  rights.  But  no  purchase  or  lease  of  any  waters,  or  water  rights,  or 
canals  or  reservoirs,  or  reservoir  sites,  or  irrigation  works,  or  other  prop- 
erty of  any  nature  or  kind,  or  stock  in  any  other  corporation,  for  any 
price,  aggregate  rental  or  consideration,  in  excess  of  ten  thousand  dollars, 
shall  be  final  or  binding  on  the  district,  nor  shall  the  purchase  price, 
rental  or  consideration,  or  any  part  thereof,  be  paid  or  rendered  until  a 
petition  of  a  majority  of  the  holders  of  title,  or  evidence  of  title,  and 
of  possessory  rights  as  aforesaid,  to  lands  within  the  district,  such  holders 
of  title,  or  evidence  of  title,  and  of  possessory  rights,  representing  a 
majority  in  value  of  said  land,  according  to  the  last  equalized  assessment- 
roll  of  the  district,  if  such  has  theretofore  been  made,  and  if  such  has 
ijot  been  made,  then  according  to  the  equalized  county, assessment-roll 
covering  lands  of  such  district,  shall  have  been  filed  with  the  board 
and  an  order  of  the  board  made  thereon  confirming  such  purchase. 
Said  board  may  also  construct  the  necessary  dams,  reservoirs,  and  work.s 
for  the  collection  of  water  for  said  district,  and  do  any  and  every 
lawful  act  necessary  to  be  done,  that  sufficient  water  may  be  furnishe<l 
to  each  land  owner  in  said  district  for  irrigation  and  domestic  purposes. 
The  said  board  is  hereby  authorized  and  empowered  to  take  conveyances. 
leases,  contracts  or  other  assurances  for  all  property  acquired  by  it  under 
the  provisions  of  this  act,  in  the  name  of  such  irrigation  district,  to  and 
for  the  uses  and  purposes  herein  expressed,  and  to  institute  and  main- 
tain any  and  all  actions  and  proceedings,  suits  at  law  or  in  oqmfy 
necessary  or  proper  in  order  to  fully  carry  out  the  provisions  of  this  act. 
or  to  enforce,  maintain,  protect  or  preserve  any  and  all  rights,  privileges 


Act  1726,  §§  151/2,  17  GEKERAL  LAWS.  1326 

and  immunities  created  by  this  act,  or  acquired  in  pursuance  thereof. 
And  in  all  courts,  actions,  suits  or  proceedings,  the  said  board  may  sue, 
appear  and  defend  in  person  or  by  attorneys,  and  in  the  name  of  such 
irrigation  district.  It  shall  be  the  duty  of  said  board  to  establish 
equitable  by-laws,  rules  and  regulations  for  the  distribution  and  use  of 
water  among  the  owners  of  said  lands,  which  must  be  printed  in  con- 
venient form  for  distribution  in  the  district.  Said  board  shall  have 
power  generally  to  perform  all  such  acts  as  shall  be  necessary  to  fully 
carry  out  the  purposes  of  this  act.  [Amendment  approved  March  28, 
1911;  Stats.  1911,  p.  510.] 

Change  election  precincts.    Lease  canals. 

§  IbVz.  The  board  of  directors,  when  they  deem  it  advisable  for  the 
best  interest  of  the  district,  and  the  convenience  of  the  electors  thereof, 
may  at  any  time,  but  not  less  than  sixty  days  before  an  election  to  be 
held  in  the  district,  change  the  boundaries  of  the  divisions  and  election 
precincts  of  the  district;  provided,  such  changes  shall  be  made  to  keep 
each  division  as  nearly  equal  in  area  and  population  as  may  be  practi- 
'cable.  Such  change  of  boundaries  of  the  divisions  must  be  shown  on  the 
iminutes  of  the  board.  The  board  of  directors  of  any  irrigation  district 
xow  or  that  may  hereafter  be  organized  in  the  state,  shall  also  have 
xhe  power,  and  such  board  is  hereby  vested  with  the  authority,  to  lease 
the  system  of  canals  and  works  in  the  district,  or  any  parts  thereof, 
-whenever  such  leasing  may  be  for  the  benefit  of  the  district;  provided, 
that  when  the  directors  of  any  irrigation  district  contemplate  the  leasing 
of  the  canals  and  works  of  such  district,  they  shall  give  notice  of  such 
contemplation  by  publishing  the  same  in  some  newspaper  published  in 
the  county  in  which  such  irrigation  district  lies,  at  least  three  weeks 
prior  to  the  making  of  any  lease,  and  such  lease  shall  be  made  to  the 
highest  bidder.  But  such  board  shall  have  the  right  to  reject  any  and 
all  bids.  Such  lease  shall  in  no  way  interfere  with  any  rights  that  may 
have  been  established  by  law,  at  the  time  such  lease  is  made;  and, 
further  provided,  that  the  board  of  directors  shall  require  a  good  and 
sufficient  bond  to  secure  faithful  performance  of  the  lease  by  the  lessees. 
[Amendment  approved  March  28,  1911;  Stats.  1911,  p.  512.] 

Public  use. 

§  17.  The  use  of  all  water  required  for  the  irrigation  of  the  lands 
■of  any  district  formed  under  the  provisions  of  this  act,  or  the  act  of 
which  this  is  supplementary  or  amendatory,  and  for  domestic  and  other 
incidental  and  beneficial  uses,  within  such  district,  together  with  the 
rights  of  way  for  canals  and  ditches,  sites  for  reservoirs,  and  all  other 
property  required  in  fully  carrying  out  the  provisions  of  this  act  is 
liereby  declared  to  be  a  public  use,  subject  to  the  regulation  and  control 
of  the  state,  in  the  manner  prescribed  by  law.  [Amendment  approved 
March  28,  1911j  Stats.  1911,  p.  512.] 


1^27  IRRIGATION.  Act  1726,  §  281/2 

Eecall  of  ofiBcers. 

§  281/2.  The  holder  of  any  elective  office  of  any  irrigation  district 
may  be  removed  or  recalled  at  any  time  by  the  electors;  provided,  he 
has  held  his  office  at  least  six  months.  The  provisions  of  this  section 
are  intended  to  apply  to  officials  now  in  office,  as  well  as  to  those 
hereafter  elected.  The  procedure  to  effect  such  removal  or  recall  shall 
be  as  follows:  A  petition  demanding  the  election  of  a  successor  to 
the  person  sought  to  be  removed  shall  be  filed  with  the  secretary  of 
the  board  of  directors  of  such  district,  which  petition  shall  be  signed 
by  registered  voters  equal  in  number  to  at  least  twenty-five  per  cent 
of  the  highest  vote  cast  within  such  district  for  candidates  for  the 
office,  the  incumbent  of  which  is  sought  to  be  removed,  at  the  last 
general  election  in  such  district  at  which  an  incumbent  of  such  office 
was  elected,  or,  in  the  case  of  the  removal  of  the  incumbent  of  an 
office  elected  by  a  subdivision  of  such  district,  such  petition  shall  be 
signed  by  a  like  percentage  of  qualified  electors  of  such  subdivision 
computed  upon  the  total  number  of  votes  cast  in  such  subdivision  for 
all  candidates  for  the  office,  the  incumbent  of  which  is  sought  to  be 
removed,  at  the  last  general  election  in  such  subdivision  at  which  an 
incumbent  of  such  office  was  elected;  and  said  petition  shall  contain 
a  statement  of  the  grounds  on  which  the  removal  or  recall  is  sought, 
which  statement  is  intended  solely  for  the  information  of  the  electors. 
Any  insufficiency  of  form  or  substance  in  such  statement  shall  in 
nowise  affect  the  validity  of  the  election  and  proceedings  held  there- 
under. The  signatures  to  the  petition  need  not  all  be  appended  to  one 
paper.  Each  signer  shall  add  to  his  signature  his  place  of  residence, 
giving  the  preciuct,  and  if  within  a  town  having  named  streets  and 
numbered  houses,  street  and  number.  Each  such  separate  paper  shall 
have  attached  thereto  an  affidavit  made  by  an  elector  of  the  district 
and  sworn  to  before  an  officer  competent  to  administer  oaths,  stating 
that  the  affiant  circulated  that  particular  paper  and  saw  written  the 
signatures  appended  thereto;  and  that  according  to  the  best  informa- 
tion and  belief  of  the  affiant,  each  is  the  genuine  signature  of  the 
person  'whose  name  purports  to  be  thereunto  subscribed  and  of  a 
qualified  elector  of  the  district.  "Within  ten  days  from  the  date  of 
filing  such  petition,  the  secretary  of  the  board  shall  examine  and  from 
the  records  of  registration  ascertain  whether  or  not  said  petition  is 
signed  by  the  requisite  number  of  qualified  electors,  and  he  shall  at- 
tach to  said  petition  his  certificate  showing  the  result  of  said  examina- 
tion. If  by  the  said  certificate  the  petition  is  shown  to  be  insufficient, 
it  may  be"  supplemented  within  ten  days  from  the  date  of  such  cer- 
tificate, by  the  filing  of  additional  papers,  duplicates  of  the  original 
petition  except  as  to  the  names  signed.  The  secretary  shall,  within 
ten  days  after  such  supplementing  papers  are  filed,  make  like  examination 
of  a  supplementing  petition,  and  if  a  certificate  shall  show  that  all 
the  names  to  such  petition,  including  the  supplemental  [lapers,  are  Btill 
insufficient,    no   action    shall    be    taken    thereon;    but    the    petition    ahall 


Act  1726,  §  281/2  GENERAL   LAWS.  1328 

remain  on  file  as  a  public  record;  and  the  failure  to  secure  sufficient 
names  shall  be  without  prejudice  to  the  filing  later  of  an  entirely  new 
petition  to  the  same  effect.  If  the  petition  shall  be  found  to  be  suffi- 
cient, the  secretary  shall  submit  the  same  to  the  board  of  directors 
without  delay,  whereupon  the  board  shall  forthwith  cause  a  special 
election  to  be  held  within  not  less  than  thirty-five  nor  more  than  forty 
days  after  the  date  of  the  order  calling  such  election,  to  determine 
whether  the  voters  will  recall  such  officer;  provided,  that  if  a  general 
election  is  to  occur  within  sixty  days,  from  the  date  of  the  order  call- 
ing for  such  election,  the  board  may  in  its  discretion  postpone  the 
holding  of  such  election  to  such  general  election  or  submit  such  recall 
election  at  any  such  general  election  for  officers  of  such  district  oc- 
curring not  less  than  thirty-five  days  after  such  order.  If  a  vacancy 
occur  in  said  office  after  a  recall  petition  is  filed,  the  election  shall 
nevertheless  proceed  as  in  this  section  provided.  One  petition  is  suffi- 
cient to  propose  a  removal  and  election  of  one  or  more  elective  officials. 
One  election  is  competent  for  the  removal  and  election  of  one  or  more 
elective  officials.  Nominations  for  any  office  under  such  recall  election 
shall  be  made  in  the  manner  prescribed  by  section  22b  of  this  act. 

There  shall  be  printed  on  the  recall  ballot,  as  to  every  officer  whose 
recall  is  to  be  voted  on  thereat,  the  following  question:  "Shall  (name 
of  person  against  whom  the  recall  petition  is  filed)  be  recalled  from 
the  office  of  (title  of  the  office)?"  following  which  question  shall  be 
the  words  "Yes"  and  "No"  on  separate  lines,  with  a  blank  space  at 
the  right  of  each,  in  which  the  voter  shall  indicate,  by  stamping  a  cross 
(X)  his  vote  for  or  against  such  recall.  On  such  ballots,  under  each 
such  question,  there  shall  also  be  printed  the  names  of  those  persons 
who  have  been  nominated  as  candidates  to  succeed  the  person  recalled, 
in  case  he  shall  be  removed  from  office  by  said  recall  election;  but 
no  vote  shall  be  counted  for  any  candidate  for  said  office  unless  the 
voter  also  voted  on  said  question  of  the  recall  of  the  person  sought 
to  be  recalled  from  said  office.  The  name  of  the  person  against  whom 
the  petition  is  filed  shall  not  appear  on  the  ballot  as  a  candidate  for 
the  office.  If  a  majority  of  those  voting  on  said  question  of  the  recall 
of  any  incumbent  from  office  shall  vote  "No,"  said  incumbent  shall 
continue  in  said  office.  If  a  majority  shall  vote  "Yes,"  said  incumbent 
shall  thereupon  be  deemed  removed  from  such  office,  upon  the  qualifica- 
tion of  his  successor.  The  election  shall  be  conducted,  canvass  of  all 
votes  for  candidates  for  said  office  shall  be  made  and  the  result  declared 
in  like  manner  as  in  a  regular  election  within  such  district.  If  the 
vote  at  any  such  recall  election  shall  recall  the  officer,  then  the 
candidate  who  has  received  the  highest  number  of  votes  for  the  office 
shall  be  thereby  declared  elected  for  the  remainder  of  the  term.  In 
case  the  person  who  received  the  highest  number  of  votes  shall  fail 
to  qualify  within  ten  days  after  receiving  the  certificate  of  election, 
the  office  shall  be  deemed  vacant  and  shall  be  filled  according  to  law. 
If  the  vote   at  any  such   recall   election   shall   not  recall   the   officer,   no 


1329  IRRIGATION.  Act  1726,  §  30 

further  petition  for  the  recall  of  such  officer  shall  be  filed  before  the 
expiration  of  six  months  from  the  date  of  such  first  recall  election. 
[New  section  approved  January  2,  1912;   Stats.  Ex.  Sess.  1911,  p.  135.] 

Estimate  of  money  needed  for  improvements.  Amount  of  bonds. 
Special  election. 
§  30.  For  the  purpose  of  constructing  necessary  irrigating  canals 
and  works,  and  acquiring  the  necessary  property  and  rights  therefor, 
and  for  the  purpose  of  acquiring  waters,  water  rights  and  other  prop- 
erty necessary  for  the  purposes  of  said  district,  and  otherwise  carrying 
out  the  provisions  of  this  act,  the  board  of  directors  of  any  such  district 
must,  as  soon  after  such  district  has  been  organized  as  may  be  practicable, 
and  also  whenever  thereafter  the  construction  fund  has  been  exhausted 
by  expenditures  herein  authorized  therefrom  and  it  is  necessary  to 
raise  additional  money  for  said  purposes,  estimate  and  determine  the 
amount  of  money  necessary  to  be  raised.  For  the  purpose  of  ascer- 
taining the  amount  of  money  necessary  to  be  raised  for  such  purposes, 
or  any  of  them,  said  board  shall  cause  such  surveys,  examinations,  draw- 
ings and  plans  to  be  made  as  shall  furnish  the  proper  basis  for  the  said 
estimate.  All  such  surveys,  examinations,  drawings  and  plans,  and  the 
estimate  of  cost  based  thereon  shall  be  made  under  the  direction  of  a 
competent  irrigation  engineer  and  shall  be  certiflerl  by  him.  Said  board 
shall  then  submit  a  copy  of  the  said  engineer's  report  to  the  state 
engineer,  who  shall  forthwith  proceed  to  examine  said  report  and  any 
data  in  his  possession  or  in  the  possession  of  the  district  and  to  make 
such  additional  survej-s  and  examination  as  he  may  deem  proper  or 
practicable,  and  within  ninety  days  from  the  time  of  receiving  said 
copy  of  said  report  shall  make  to  the  board  of  directors  of  said  dis- 
trict a  report,  which  shall  contain  such  matters  as  in  the  judgment  of 
the  state  engineer  may  be  desirable;  provided,  that  it  shall  state  his 
conclusions  as  to  the  supply  of  water  available  for  the  use  of  the  dis- 
trict and  the  feasibility  of  the  project  for  which  the  proposed  bonds 
are  to  be  issued.  After  receiving  said  report,  said  board  of  directors, 
if  it  shall  be  convinced  and  shall  declare  by  resolution  that  the  supply 
of  water  available  for  the  use  of  the  district  is  sufficient  for  the  project 
for  which  the  proposed  bonds  are  to  be  issued,  if  said  issue,  or  any 
part  thereof,  is  to  be  used  for  the  acquisition  or  construction  of  ir- 
rigation works,  and  that  the  said  project  is  feasible,  shall  make  an 
order  determining  the  amount  of  bonds  that  should  be  issued  in  order 
to  raise  the  amount  of  money  needed  for  the  purpose  or  purposes  for 
which  said  bonds  are  desired.  And  thereafter  said  board,  when  peti- 
tioned by  a  majority  of  the  holders  of  title,  or  evidence  of  title,  and  of 
possessory  rights  to  lands  within  the  district,  such  holders  of  title,  or 
evidence  of  title,  and  of  such  possessory  rights  representing  a  majority 
in  value  of  said  lands  according  to  the  equalized  assessment  roll  of 
the  district,  if  such  has  theretofore  been  made,  and,  if  such  has  not 
84 


Act  1726,  §  30  ^  GENERAL   LAWS.  1330 

been  made,  then  according  to  the  equalized  county  assessment-roll 
covering  the  lands  in  such  district,  shall  immediately  call  a  special 
election,  at  which  shall  be  submitted  to  the  electors  of  such  district, 
possessing  the  qualifications  prescribed  by  this  act,  the  question  whether 
or  not  the  bonds  of  said  district  iu  the  amount  as  set  forth  in  said 
petition  shall  be  issued.  Notice  of  such  election  must  be  given  by 
posting  notices  in  three  public  places  in  each  election  precinct  in  said 
district  for  at  least  twenty  days  and  also  by  publication  of  such  notice 
in  some  newspaper  published  in  the  county  where  the  office  of  the 
board  of  directors  of  such  district  is  required  to  be  kept,  once  a  week 
for  at  least  three  successive  weeks.  Such  notices  must  specifj'  the 
time  of  holding  the  election,  the  amount  of  bonds  proposed  to  be 
issued;  and  said  election  must  be  held  and  the  result  thereof  determined 
and  declared  in  all  respects  as  nearly  as  practicable  in  conformity  with 
the  provisions  of  this  act  governing  the  election  of  officers;  provided, 
that  no  informalities  in  conducting  such  an  election  shall  invalidate 
the  same  if  the  election  shall  have  been  otherwise  fairly  conducted. 
At  said  election  questions  as  to  the  issuance  of  bonds  may  be  sub- 
mitted separately  on  the  same  ballot  if  estimates  of  the  cost  of  the 
respective  projects  have  been  made  and  the  state  engineer  has  reported 
thereon  and  the  aforesaid  petition  has  requested  that  said  questions 
be  so  submitted  and  the  respective  propositions  have  been  stated  in 
the  notices  of  the  election.  At  such  election  the  ballots  shall  con 
tain  a  statement  of  the  proposition  or  propositions  to  be  voted  on, 
Including  the  amount  of  bonds  proposed  to  be  issued  for  each  purpose. 
Each  proposition  shall  be  followed  by  the  words  "Yes"  and  "No," 
on  separate  lines,  with  a  small  inclosed  space  after  each  of  said  words. 
The  electors  shall  vote  for  or  against  any  proposition  by  stamping  a 
cross  (X)  in  the  voting  space  after  the  word  "Yes"  or  "No"  respec- 
tively. On  the  ballot  shall  be  printed  the  following  under  the  "head- 
ing "Instructions  to  voters":  "To  vote  for  a  proposition,  stamp  a  cross 
(X)  in  the  voting  space  after  the  word  'Yes'  following  the  proposition. 
To  vote  against  a  proposition,  stamp  a  cross  (X)  in  the  voting  space 
after  the  word  'No'  following  the  proposition."  If  a  majority  of  the 
votes  cast  for  and  against  any  proposition  are  for  "Yes,"  the  board 
of  directors  shall  cause  bonds  in  the  amount  specified  in  such  proposition 
to  be  issued;  if  a  majority  of  the  votes  cast  for  and  against  any  proposi- 
tion are  for  "No,"  the  result  of  the  vote  on  such  proposition  shall  be  so 
declared  and  entered  of  record.  "Whenever  thereafter  a  petition  of  the 
character  hereinbefore  provided  for  in  this  section  is  presented  to  the 
board,  it  shall  so  declare  of  record  in  its  minutes  and  shall  thereupon 
submit  such  questions  to  said  electors  in  the  same  manner  and  with 
like  effect  as  at  such  previous  election.  [Amendment  approved  June 
16,  1913;  Stats.  1913,  p.  996.] 

Also  amended  March  28,  1911   (Stats.  1911,  p.  512). 


1331  IRRIGATION.  Act  1726,  §  31 

Life  of  bonds.  Interest,  Denominations.  Coupons.  Record  of  bonds 
sold. 
§  31.  All  bonds  issued  iinder  the  provisions  of  this  act  shall  be  pay- 
able in  gold  coin  of  the  United  States,  in  twenty  series,  as  follows,  to 
wit:  At  the  expiration  of  twenty-one  years  from  the  date  of  any  issue 
of  said  bonds,  two  per  centum  of  the  whole  amount  of  such  issue;  at 
the  expiration  of  twenty-two  years  from  said  date,  two  per  centum  of 
the  whole  amount  of  such  issue;  at  the  expiration  of  twenty-three  years 
from  said  date,  three  per  centum  of  the  whole  amount  of  such  issue;  at 
the  expiration  of  twenty-four  years  from  said  date,  three  per  centum 
of  the  whole  amount  of  such  issue;  at  the  expiration  of  twentv-five  years 
from  said  date,  four  per  centum  of  the  whole  amount  of  such  issue;  at 
the  expiration  of  twenty-six  years  from  said  date,  four  per  centum  of 
the  whole  amount  of  such  issue;  at  the  expiration  of  twentv-seven  years 
from  said  date,  four  per  centum  of  the  whole  amount  of  such  issue; 
at  the  expiration  of  twenty-eight  years  from  said  date,  four  per  centum 
of  the  whole  amount  of  such  issue;  at  the  expiration  of  twenty-nine 
years  from  said  date,  five  per  centum  of  the  w^hole  amount  of  such 
issue;  at  the  expiration  of  thirty  years  from  said  date,  five  per  centum 
of  the  whole  amount  of  such  issue;  at  the  expiration  of  thirty-one  years 
from  said  date,  five  per  centum  of  the  whole  amount  of  such  issue;  at 
the  expiration  of  thirty-two  years  from  said  date,  five  oer  centum  of 
the  whole  amount  of  such  issue;  at  the  expiration  of  thirty-three  years 
from  said  date,  six  per  centum  of  the  whole  amount  of  such  issue;  at 
the  expiration  of  thirty-four  years  from  said  date,  six  per  centum  of 
the  whole  amount  of  sucfa  issue;  at  the  expiration  of  thirtv-five  years 
from  said  date,  six  per  centum  of  the  whole  amount  of  such  issue;  at 
the  expiration  of  thirty-six  years  from  said  date,  six  per  centum  of  the 
whole  amount  of  such  issue;  at  the  expiration  of  thirty-seven  years  from 
said  date,  seven  per  centum  of  the  whole  amount  of  such  issue;  at  tlio 
expiration  of  thirty-eight  years  from  said  date,  seven  per  centum  of 
the  whole  amount  of  such  issue;  at  the  expiration  of  thirtv-nine  years 
from  said  date,  eight  per  centum  of  the  whole  amount  of  such  issue; 
at  the  expiration  of  forty  years  from  said  date,  eight  per  centum  of  the 
whole  amount  of  such  issue;  provided,  that  the  bonds  of  any  issue  may 
be  made  payable  at  the  end  of  shorter  periods  than  are  specified  herein, 
and  the  number  of  series  in  any  issue  may  be  less  than  twenty,  if  the 
number  of  series  in  the  proposed  issue  and  the  proposed  periods  at  tlie 
end  of  which  the  respective  series  shall  be  payable  are  specified  in  the 
petition  and  in  the  notices  of  the  election  provided  for  in  section  30 
of  this  act.  While  the  foregoing  several  enumerated  pcrcentiiges  .ire 
of  the.eutire  amount  of  the  bond  issue,  each  bond  must  be  made  pay:if)U> 
at  a  given  time  for  its  entire  r.mouut  and  not  for  a  pprc«,'iitagc.  1  lu' 
date  of  issue  of  any  bond  authorized  under  this  act  shall  be  deemed  to 
be  the  apparent  date  of  issue  of  the  said  bonds  appearing  upon  the  lace 
thereof,  which  date  shall  be  subsequent  to  the  date  of  the  bond  election 
authorizing  said  bonds  and  prior  to  the  date  of  actual  delivery  of  said 


Act  1726,  §§  32,  321/2  GENERAL   LAWS.  1332 

bonds  to  the  purchasers  thereof.  Said  bonds  shall  bear  interest  at  a 
rate  to  be  determined  by  the  board  of  directors  of  the  district  issiiing 
them,  but  not  exceeding  six  per  cent  per  annum  payable  semi-annually 
on  the  first  day  of  January  and  the  first  day  of  July  of  each  year. 
Principal  and  interest  shall  be  payable  at  the  place  designated  therein. 
Said  bonds  shall  be  each  of  the  denomination  of  not  less  than  one 
hundred  (^ollars  nor  more  than  one  thousand  dollars,  as  the  board  of 
directors  may  determine;  shall  be  negotiable  in  form,  signed  by  the  presi- 
dent and  secretary  of  said  board  of  directors,  and  the  seal  of  the  board 
shall  be  affixed  thereto.  Each  issue  shall  be  numbered  consecutively  as 
issued,  and  bonds  of  each  issue  shall  be  numbered  consecutively  and 
bear  date  at  the  time  of  their  issue.  Coupons  for  the  interest  shall 
be  attached  to  each  bond,  signed  by  the  secretary.  Said  bonds  shall 
express  on  their  face  that  they  were  issued  by  authority  of  this  act, 
stating  its  title  and  date  of  approval,  and  also  stating  the  number 
of  the  issue  of  which  such  bonds  are  a  part.  The  secretary  shall  keep 
a  record  of  the  bonds  sold,  their  number,  the  date  of  sale,  the  price  re- 
ceived and  the  name  of  the  purchaser.  The  provision  of  this  section 
defining  what  shall  constitute  the  date  of  issue  of  bonds  shall  apply  to 
any  and  all  bonds  issued  in  pursuance  of  this  act.  [Amendment  ap- 
proved June  16,  1913;   Stats.  1913,  p.  998.] 

Also  amended  Januarj'  25,   1912    (Stats.  Ex.   Sess.  1911,  p.  248). 

Sale  of  bonds.     Notice  by  publication. 

§  32.  The  board  may  sell  said  bonds  from  time  to  time  in  such  quan- 
tities as  may  be  necessary  and  most  advantageous  to  raise  money  for 
the  construction  of  said  canals  and  works,  th«  acquisition  of  said  prop- 
erty and  rights,  or  the  acquisition  of  any  water  or  water-rights,  and 
otherwise  to  fully  carry  out  the  objects  and  purposes  of  this  act.  Be- 
fore making  any  sale  the  board  shall,  at  a  meeting,  by  resolution,  declare 
its  intention  to  sell  a  specified  amount  of  the  bonds,  and  the  day  and 
hour  and  place  of  such  sale,  and  shall  cause  such  resolution  to  be  entered 
in  the  minutes,  and  notice  of  the  sale  to  be  given,  by  publication  thereof 
at  least  three  weeks  in  some  newspaper  published  in  the  county  where 
the  office  of  the  board  of  directors  is  located  and  in  any  other  newspaper 
at  its  discretion.  The  notice  shall  state  that  sealed  proposals  will  be 
received  by  the  board  at  their  office,  for  the  purchase  of  bonds,  till  the 
day  and  hour  named  in  the  resolution.  At  the  time  appointed  the  board 
shall  open  the  proposals  and  award  the  purchase  of  the  bonds  or  any 
portion  or  portions  thereof  to  the  highest  responsible  bidder  or  bidders; 
provided,  however,  that  they  may  reject  any  or  all  bids.  [Amendment 
apj)roved  June  16,  1913;  Stats.  1913,  p.  1000.] 

Also  amended  March  28,   1911   (Stats.   1911,  p.  513). 

Election  on  sale  of  bonds  for  less  than  par. 

§  32V'2-  If  any  irrigation  district  bonds  have  been  authorized  before 
the  time  when  this  section  shall  go  into  effect,  but  have  not  been  sold, 


1333  IRRIGATION.  Act  1726,  §  34 

and  the  board  of  directors  of  said  district  deems  it  desirable  that  said 
board  be  authorized  to  sell  said  bonds  for  less  than  the  par  value 
thereof,  said  board  may  call  a  special  election  to  submit  to  the  voters 
of  the  district  said  proposition.  Such  election  shall  be  held  and  notice 
thereof  shall,  be  given  in  the  same  manner  as  is  provided  in  the  case  of 
special  elections  to  authorize  the  issuance  of  bonds  in  irrigation  dis- 
tricts. The  proposition  shall  be  stated  in  substantially  the  following 
form:  "Shall  the  board  of  directors  of  (insert  the  name)  irriga- 
tion district  be  authorized  to  sell  bonds  of  the  district  for  less  than 
the  par  value  thereof?"  followed  by  the  words  "Yes"  and  "No,"  as 
provided  in  section  30  hereof.  If  at  least  two-thirds  of  the  legal  votes 
cast  at  such  election  are  for  "Yes,"  then  the  board  of  directors  may  sell 
any  bonds  authorized  hj  said  district  before  this  section  shall  take  ef- 
fect to  the  highest  responsible  bidder  or  bidders,  as  is  provided  in  the 
foregoing  section.  If  less  than  two-thirds  of  the  legal  votes  cast  at 
such  election  shall  be  for  "Yes,"  the  result  shall  be  entered  of  record. 
[New  section  approved  June  16,  1913;  Stats.  1913,  p.  1000.] 

Assessments  to  complet*  works.     Notice  of  election.     Ballots. 

§  2i.  In  case  the  money  raised  by  the  sale  of  bonds  issued  be  insuffi- 
cient, or  in  case  the  bonds  be  unavailable  for  the  completion  of  the  plan 
of  canal  and  works  adopted,  and  the  acquisition  of  the  necessary  prop- 
erty, waters  and  water  rights  therefor,  and  additional  bonds  be  not 
voted,  it  shall  be  the  duty  of  the  board  of  directors  to  provide  for  the 
completion  of  said  plan,  and  the  acquisition  of  such  necessary  property, 
waters  and  water  rights,  by  levy  of  assessments  therefor;  provided,  how- 
ever, that  such  levy  of  assessments  shall  not  be  made  except  first  -an 
estimate  of  the  amount  required  for  such  purposes  has  been  made  by 
said  board,  and  the  question  as  to  the  making  of  said  levy  submitted  to 
a  vote  of  the  electors  of  the  district.  Before  such  question  is  submitted 
the  order  of  submission  shall  be  entered  in  the  minutes  of  the  board, 
stating  the  amount  to  be  levied  and  the  purpose  therefor,  and  if  sub- 
mitted at  a  special  election  said  order  shall,  in  addition,  fix  the  day  of 
election.  Notice  of  such  election  must  be  given  by  posting  notices  in 
three  public  places  in  each  election  precinct  in  said  district  for  at  least 
twenty  days,  and  also  by  publication  of  such  notice  in  some  newspaper 
published  in  the  county  where  the  office  of  the  board  of  directors  of 
such  district  is  required  to  be  kept  once  a  week  for  at  least  three  suc- 
cessive weeks.  Such  notices  must  specify  the  time  of  holding  the  elec- 
tion, and  the  amount  of  assessment  proposed  to  be  levied.  Said  election 
must  be  held  and  the  result  thereof  determined  and  declared  in  all  re- 
spects as  nearly  as  practicable  in  conformity  with  the  provisions  (if  this 
act  governing  the  election  of  officers;  provided,  that  no  inforniaiitica  in 
conducting  such  an  election  shall  invalidate  the  same,  if  the  election 
shall  have  been  otherwise  fairly  conducted.  At  such  election  the  ballots 
shall  contain  the  words  "Assessment— Yes,"  or  "Assessment— No,"  or 
words  equivalent  thereto.     If  a  majority  of  the  votes  cast  are  "Assess- 


Act  1726,  §  39  GENERAL  LAWS.  1334 

ment — Yes,"  the  board  of  directors  shall  cause  an  assessment  in  the 
amount  named  in  the  order  of  submission  to  be  levied;  if  a  majority  of 
the  votes  cast  are  "Assessment — No,"  the  result  of  such  election  shall  be 
so  declared  and  entered  of  record.  [Amendment  approved  March  28, 
1911;  Stats.  1911,  p.  514.] 

Assessment  for  interest.     Neglect  of  duty  of  collector.     Duty  of  district 
attorney.     Extension  of  time.     Assessment  of  land  omitted. 

§  39.  The  board  of  directors  shall  then,  within  fifteen  daj's  after 
the  close  of  its  session  as  a  board  of  equalization,  levy  an  assessment 
sufficient  to  raise  the  annual  interest  on  the  outstanding  bonds,  and  in 
any  year  in  which  any  bond  shall  fall  due  must  increase  such  assessment 
to  an  amount  sufficient  to  raise  a  sum  sufficient  to  pay  the  principal 
of  the  outstanding  bonds  as  they  mature;  also,  sufficient  to  pay  in  full 
all  sums  due,  or  that  shall  become  due  from  the  district,  before  the 
time  for  levj-ing  the  next  annual  assessment,  on  account  of  rentals  or 
charges  for  lands,  water  or  water  rights  acquired  by  said  district  under 
lease  or  contract;  also,  sufficient  to  pay  in  full  the  amount  of  any  other 
contract  or  obligation  of  the  district  which  shall  have  been  reduced  to 
judgment.  The  secretary  of  the  board  must  compute  and  enter  in  a 
separate  column  of  the  assessment-book  the  respective  sums  in  dollars 
and  cents  to  be  paid  as  an  assessment  on  the  property  therein  enumer- 
ated. When  collected,  the  assessment  shall  be  paid  into  the  district 
treasury  and  be  apportioned  to  the  several  proper  funds.  In  case  of 
the  neglect  or  refusal  of  the  board  of  directors  to  cause  such  assessment 
and  levies  to  be  made  as  in  this  act  provided,  then  the  duly  equalized 
assessment  made  by  the  county  assessor  of  the  county  or  each  of  the 
respective  counties  in  which  the  district  is  situated  shall  be  the  basis 
of  assessment  for  the  district,  and  the  board  of  supervisors  of  the  county 
in  which  the  office  of  the  board  of  directors  of  said  district  is  situated 
shall  cause  an  assessment-roll  of  said  district  to  be  prepared,  and  shall 
make  the  levy  required  by  this  act,  in  the  same  manner  and  with  like 
effect  as  if  the  same  had  been  made  by  said  board  of  directors  and  all 
expenses  incident  thereto  shall  be  borne  by  such  district  and  may  be 
collected  by  suit  at  law,  which  shall  be  commenced  by  the  district  at- 
torney of  the  county  whose  board  of  supervisors  caused  said  assessment- 
roll  to  be  prepared,  unless  the  amount  of  such  expenses  shall  be  paid 
within  sixty  days  from  the  time  when  proper  demand  shall  have  been 
made  therefor.  In  case  of  the  neglect  or  refusal  of  the  collector  or 
treasurer  of  any  irrigation  district  to  perform  the  duties  imposed  by  law, 
then  the  tax  collector  and  the  treasurer  of  the  county  in  which  the  office 
of  the  board  of  directors  of  such  district  is  situated  must  respectively 
perform  such  duties  and  shall  be  accountable  therefor  upon  their  official 
bonds;  but,  in  case  any  county  tax  collector  shall  collect  any  assessment 
for  any  irrigation  district,  he  shall  pay  the  same  to  the  county  treasurer 
who  shall  place  such  money  in  a  special  fund  to  the  credit  of  the  dis- 
trict and  shall  disburse  the  same  to  the  proper  persons  for  the  purposes 


1339  IRRIGATION.  Act  1726,  §  39 

for  which  such  assessments  have  been  levied  and  shall  not  pay  any 
part  thereof  to  the  treasurer  of  said  district  until  said  county  treasurer 
shall  be  satisfied  that  all  of  the  valid  obligations  for  which  such  assess- 
ments were  levied  and  for  which  payment  has  been  demanded  have  been 
paid.  It  shall  be  the  duty  of  the  district  attorney  of  each  county  in 
which  the  office  of  any  irrigation  district  is  located  to  ascertain  each 
year  whether  the  duties  relating  to  the  levying  and  collection  of  assess- 
ments, as  in  this  act  provided,  have  been  performed,  and,  if  he  shall 
learn  that  the  board  of  directors  or  any  official  of  any  such  irrigation 
district  has  neglected  or  refused  to  perform  any  such  duty,  said  district 
attorney  shall  so  notify  the  board  of  supervisors  or  the  county  official 
required  by  this  act  to  perform  such  duty  in  such  case,  and,  unless  such 
board  of  supervisors  or  such  county  official  shall  proceed  to  the  per- 
formance of  such  duty  within  thirty  days  after  the  receipt  of  such 
notice,  the  district  attorney  shall  take  such  action  in  court  as  may  be 
necessary  to  compel  the  performance  of  such  duty,  and  said  district  attor- 
ney shall  give  such  notice  to  other  officials,  and  shall  take  such  action, 
as  may  be  necessary  to  secure  the  performance  in  their  proper  sequence 
of  the  other  duties  relating  to  the  levying  and  collection  of  assessments, 
as  in  this  act  provided;  provided,  that  for  the  enforcement  of  the  levving 
and  collection  of  any  assessment  hereafter  required  to  be  levied  and 
collected  for  the  payment  of  any  debt  hereafter  incurred,  in  case  com- 
plaint shall  be  made  to  the  attorney  general  of  the  state  of  California 
that  the  district  attorney  of  any  county  has  not  performed  any  duty 
devolving  upon  him  by  the  provisions  of  this  section,  or  that  he  is  not 
proceeding  with  due  diligence  or  in  the  proper  manner  in  the  perform- 
ance of  any  such  duty,  the  attorney  general  shall  make  an  investigation, 
and  if  it  shall  be  found  that  such  charge  or  charges  are  true,  said  attor- 
ney general  shall  take  such  measures  as  may  be  necessary  to  enforce  the 
performance  of  the  duties  relating  to  the  levying  and  collection  of 
assessments,  as  in  this  act  provided.  In  case,  as  the  result  of  the  neglect 
or  refusal  of  any  official  or  officials  to  perform  any  duty  relating  to  the 
levying  and  collection  of  assessments,  as  in  this  act  provided,  it  shtili 
be  impossible  for  such  duty  to  be  performed  within  the  time  required 
and  such  duty  shall  subsequently  be  performed,  then  the  time  within 
which  all  duties  consequent  upon  the  performance  of  such  duty  sli;il! 
be  performed  shall  be  extended  so  as  to  allow  the  elapsing  of  the  infcr- 
vals  required  by  this  act  to  elapse  between  the  performance  of  such 
duties,  and  the  assessments  herein  provided  for  shall  not  become  dciin-, 
quent  for  at  least  thirty  days  after  the  first  publication  of  the  notice 
that  such  assessments  are  due  and  payable,  as  provided  in  section 
41  of  this  act.  In  the  event  any  land  within  said  district  sulijcct 
to  assessment  for  the  purposes  of  the  district  has  not  been  assessed  by 
the  county  assessor  or  does  not  appear  upon  the  county  assossmentroll 
adopted  by  said  board  of  supervisors  as  the  basis  of  assessment  for  tho 
district,  the  land  so  omitted  belonging  to  any  person,  association,  cor- 
poration, or  municipality  shall    be    forthwith    assessed    by  tho    county 


Act  1726,  §§  41^3  GENERAL  LAWS.  1336 

assessor  upon  an  order  of  the  board  of  supervisors  and  a  description  of 
the  property  so  omitted  shall  be  written  in  the  roll  prepared  for  the 
purpose  of  district  assessments.  In  such  ease,  before  any  assessment  is 
levied,  the  board  of  supervisors  must  meet  and  equalize  said  assessment 
with  that  of  the  assessment  of  other  lands  in  said  district.  The  sanie 
notice  shall  be  given  by  the  board  of  supervisors  of  such  meeting  for 
the  purpose  of  equalizing  the  assessment  to  be  made  as  herein  directed 
as  is  provided  in  this  act  to  be  given  by  the  board  of  directors  of  an 
irrigation  district  when  the  said  board  is  to  meet  for  the  purpose  of 
equalizing  assessments.  All  the  powers  and  duties  respecting  the  collec- 
tion of  all  assessments  on  possession  of,  claim  to,  or  rights  to  the  posses- 
sign  of  land  now  provided  in  sections  3820,  3821,  3822,  3823,  3824,  3825 
and  3829  of  the  Political  (.'ode,  as  regards  county  assessors  shall  apply, 
so  far  as  applicable,  to  irrigation  district  assessors.  [Amendment  ap- 
proved April  22,  1913;  Stats.  1913,  p.  59.] 

Also  amended  March   28,  1911    (Stats.   1911,   p.   514). 

Notice  that  assessments  are  due.     When  delinquent. 

§  41.  On  or  before  the  first  day  of  November,  the  secretary  must 
deliver  the  assessment-book  to  the  collector  of  the  district,  who  shall 
within  twenty  days  publish  a  notice  in  a  newspaper  published  in  each 
county  in  which  any  portion  of  the  district  may  lie,  that  said  assessments 
are  due  and  payable  and  will  become  delinquent  at  6  o'clock  P.  M.  on 
the  last  Monday  of  December  next  thereafter,  and  that  unless  paid  prior 
thereto  ten  per  cent  will  be  added  to  the  amount  thereof,  and  also  the 
time  and  place  at  which  payment  of  assessments  may  be  made,  which 
notice  shall  be  published  for  the  period  of  two  weeks.  The  collector 
must  attend  at  the  time  and  place  specified  in  the  notice  to  receive  assess- 
ments, which  must  be  paid  in  gold  and  silver  coin;  he  must  mark  the 
date  of  payment  of  any  assessment  in  the  assessment-book  opposite  the 
name  of  the  person  paying  and  give  a  receipt  to  such  person,  specifying 
the  amount  of  the  assessment  and  the  amount  paid,  with  the  description 
of  the  property  assessed.  On  the  last  Monday  in  December  at  6  o'clock 
P.  M.  of  each  year,  all  unpaid  assessments  are  delinquent  and  thereafter 
the  collector  must  collect  thereon,  for  the  use  of  the  district,  an  addi- 
tion of  ten  per  cent.  [Amendment  approved  June  16,  1913;  Stats.  1913, 
p.  1002.] 

Sale  of  property  for  delinquent  assessment. 

§  43.  The  collector  must  collect,  in  addition  to  the  assessments  due 
on  the  delinquent  list,  and  ten  per  cent  added,  fifty  cents  on  each  lot, 
piece  or  tract  of  land  separately  assessed.  On  the  day  fixed  for  the  sale, 
or  some  subsequent  day  to  which  he  may  have  postponed  it,  of  which 
he  must  give  notice,  the  collector,  between  the  hours  of  10  A.  M.  and 
3  o'clock  P.  M.,  must  commence  the  sale  of  the  property  advertised, 
commencing  at  the  head  of  the  list  and  continuing  alphabetically,  or  in 
the  numerical  order  of  the  lots  or  blocks,  until  completed.  He  may 
postpone  the  day  of  commencing  the  sales,  or  the  sale,  from  day  to  day, 


1337  IRRIGATION.       Act  1726,  §§  471/2, 541/2 

but  the  sale  must  be  completed  within  three  weeks  from  the  day  first 
fixed;  provided,  that  if  any  sale  or  sales  shall  be  stayed  by  legal  pro- 
ceedings, the  time  of  the  continuance  of  such  proceedings  is  not  part 
of  the  time  limited  for  making  such  sale  or  sales;  and  provided,  fur- 
ther, that  in  any  district  where  the  validity  of  any  assessment  shall  be 
in  litigation  at  the  time  this  act  shall  take  effect,  the  sale  of  any  prop- 
erty, whether  it  be  involved  in  such  litigation  or  not,  may  be  postponed 
for  a  time  not  to  exceed  four  months.  [Amendment  approved  June  16 
1913;  Stats.  1913,  p.  1003.] 

Delinquent  taxes  not  bar  to  dissolution.     Deed  of  land  sold  for  taxes  to 
be  made  by  county  treasurer. 

§  47J.  The  five-year  period  herein  prescribed  for  the  redemption  of 
properties  sold  for  delinquent  taxes  shall  not  operate  as  a  bar  to  the 
dissolution  of  any  irrigation  district.  If  any  land  has  been  sold  for 
delinquent  taxes  of  a  district  in  process  of  dissolution,  or  in  a  district 
which  has  been  dissolved  and  the  time  allowed  for  redemption  has  not 
expired,  the  owner  of  such  property  or  anyone  in  interest  may  redeem 
the  same  by  paying  the  amount  due  thereon,  computed  as  provided  in  sec- 
tion 46  of  this  act,  to  the  county  treasurer,  who  must  issue  his  receipt 
therefor,  and  upon  the  presentation  of  such  receipt  the  county  recorder 
must  cancel  the  certificate  of  sale  in  the  manner  required  in  the  preced- 
ing section. 

In  the  event  any  land  has  been  sold  for  nonpayment  of  taxes  as  herein 
provided,  and  no  redemption  has  been  made  within  five  years  from  the 
date  of  purchase  in  any  district  which  may  have  been  dissolved  before 
the  expiration  of  said  redemption  period,  then  a  deed  for  the  property 
sold  and  described  in  the  certificate  of  sale  must  be  made  to  the  pur- 
chaser upon  demand  by  the  county  treasurer  of  the  county  in  which  said 
irrigation  district  is  or  was  situated.  Such  deed  shall  contain  all  the 
recitals  of  the  certificate  of  sale,  and  in  addition  thereto,  a  recital  that 
the  district'has  been  dissolved  and  a  deed  executed  in  pursuance  of  the 
authority  given  by  this  section.  A  deed  so  executed  shall  have  the  same 
force  and  effect  as  if  executed  by  the  collector  of  an  irrigation  district. 
[New  section  approved  March  28^  1911;  Stats.  1911,  p.  alG.j 

Reports  to  be  forwarded  to  state  engineer. 

§  54^.  During  the  construction  of  any  work  to  be  paid  for  out  of  the 
proceeds  of  the  sale  of  any  bonds  of  any  irrigation  district  within  this 
state,  the  secretary  of  the  board  of  directors  shall,  within  one  week  after 
each  regular  meeting  of  said  board,  forward  to  the  state  engineer  copiOH 
of  all  reports  made  to  said  board  as  to  the  progress  of  said  work  ami  a 
statement  of  the  amounts  paid  for  the  doing  of  any  part  of  said  work. 
Immediately  after  the  publication  of  the  statement  of  the  financial  condi- 
tion of  any  irrigation  district  within  this  state,  required  by  section  14 
of  this  act  to  be  made  annually,  the  board  of  directors  of  said  district 
Bhall  cause  a  copy  of  said  statement  and  a  report  staling  the  genera 
condition    of    any    works    constructed    or    acquired    by    »aid    district    and 


Act  1726,  §§  55, 59     general  laws.  1338 

whether  or  not  the  plan  of  irrigation  adopted  by  the  district  is  being 
successfully  carried  out  and  any  other  matters  which  the  board  may 
deem  proper,  to  be  forwarded  to  the  state  engineer,  who  shall  examine 
said  statement  and  report  and  make  to  said  board  such  recommendations 
and  comments  as  he  may  deem  proper.  The  state  engineer  may  at  any 
time  make  or  cause  to  be  made  an  examination  of  the  affairs  of  any 
irrigation  district  within  this  state  or  call  upon  the  authorities  of  such 
district  for  such  information  as  he  may  desire  and  make  such  report 
thereon  as  he  may  deem  advisable.  [New  section  approved  June  16, 
1913;   Stats.   1913,  p.   1000.] 

Improvements  to  be  paid  for  from  construction  fund.  Toll  may  be  fixed 
instead  of  assessments. 
§  55.  The  cost  and  expense  of  purchasing  and  acquiring  property  and 
constructing  the  works  and  improvements  herein  provided  for,  shall  be 
wholly  paid  out  of  the  construction  fund;  provided,  however,  that  when 
any  lands,  waters,  water  rights  or  other  property  shall  be  acquired  by 
the  district  by  any  lease  or  contract,  under  the  terms  of  which  the  con- 
sideration or  rental  shall  be  payable  in  such  installments  that  a  like 
amount  shall  be  payable  in  each  year  of  the  life  of  such  lease  or  con- 
tract, then  such  rental  or  consideration  shall  be  paid  out  of  the  funds 
derived  from  the  levying  of  annual  assessments,  or  from  the  collection 
of  rates,  tolls  and  charges  fixed  and  collected  as  hereinafter  provided 
for.  For  the  purpose  of  defraying  the  expenses  of  the  organization  of 
the  district,  and  of  the  care,  operation,  management,  repair,  and  improve- 
ment of  such  portions  of  such  canal  and  works  as  are  completed  and  in 
use,  including  salaries  of  officers  and  employees,  and  installments  of 
rental  or  consideration  accruing  under  any  lease  or  contract  as  herein- 
above in  this  section  mentioned,  the  board  may  in  lieu  (either  in  part 
or  in  whole)  of  levying  assessments  as  herein  provided  for,  fix  rates  of 
toll  and  charges,  for  irrigation  and  other  public  uses  declared  by  this  act, 
and  collect  the  same  from  all  persons  using  said  canal  for  irrigation  and 
other  purposes.  [Amendment  approved  March  28,  1911;  Stats.  1911, 
p.  516.] 

Directors  may  call  election  on  question  of  special  assessment.  Emer- 
gency indebtedness. 
§  59.  The  board  of  directors  may,  at  any  time,  when  in  their  judg- 
ment it  may  be  deemed  advisable,  call  a  special  election  and  submit  to 
the  qualified  electors  of  the  district  the  question  whether  or  not  a  special 
assessment  shall  be  levied  for  the  purpose  of  raising  money  to  be  ap- 
plied to  any  of  the  purposes  provided  in  this  act.  Such  election  must  be 
called  upon  the  notice  prescribed,  and  the  same  shall  be  held  and  the 
result  thereof  determined  and  declared  in  all  respects  in  conformity  with 
the  provisions  of  section  30  of  this  act.  The  notice  must  specify  the 
amount  of  money  proposed  to  be  raised  and  the  purpose  for  which  it  is 
intended  to  be  "used.  At  such  elections  the  ballots  shall  contain  the 
words  "Assessment — Yes"  or  "Assessment — No."     If  two-thirds  or  more  of 


1339  IRRIGATION.  Act  172G,  §  61 

the  votes  cast  are  "Assessment — Yes,"  the  board  shall,  at  the  time  of 
the  annual  levy  hereunder,  levy  an  assessment  sufficient  to  raise  the 
amount  voted;  provided,  however,  that  an  assessment  of  not  to  exceed 
two  per  centum  of  the  value  of  the  assessable  property  within  the  dis- 
trict may  be  levied  in  any  one  year  without  such  vote  by  the  adoption  of 
a  resolution  by  at  least  four-fifths  of  the  members  of  the  board  of 
directors,  such  amount  not,  however,  to  exceed  the  sum  of  seventy-five 
thousand  ($75,000)  dollars;  provided,  further,  that  if  a  petition  signed 
by  qualified  voters  in  the  district*  equal  in  number  to  fifteen  per  centum, 
of  the  votes  cast  at  the  last  preceding  general  election  in  such  district, 
shall,  within  thirty  days  after  the  board  shall  by  resolution  have  pro- 
vided for  the  levying  of  such  assessment,  be  filed  with  such  board  peti- 
tioning that  an  election  relative  to  the  levying  of  such  assessment  be 
held,  such  assessment  shall  not  be  levied  without  the  election  provided 
for  in  this  section;  provided,  further,  however,  that  in  case  of  an  un- 
expected emergency  by  which  the  fliow  of  water  in  the  canal  is  inter- 
rupted, the  amount  of  the  indebtedness  incurred  in  the  repair  of  the 
works  of  said  district,  caused  by  such  interruption,  not  to  exceed  in  any 
one  year  forty  thousand  ($40,000)  dollars,  may  also,  in  addition  to  the 
assessments  hereinbefore  provided  for,  be  levied  by  the  adoption  of  a 
resolution  by  at  least  four-fifths  of  the  members  cf  the  board  of  directors, 
at  the  time  of  the  levying  of  the  annual  assessment  provided  for  in  this 
act,  without  the  submission  of  the  question  of  such  levy  to  a  vote,  as  in 
this  section  hereinbefore  provided.  [Amendment  approved  April  26, 
1911;  Stats.  1911,  p.  1111.] 

Directors  may  not  incur  liability  in  excess  of  bonds.  Warrants  not  paid 
to  bear  interest.  Notice  that  warrants  will  be  paid. 
§  61.  The  board  of  directors  or  other  officers  of  the  district  shall  have 
no  power  to  incur  any  debt  or  liability  whatever,  either  by  issuing  bonds 
or  otherwise,  in  excess  of  the  express  provisions  of  this  act;  and  any  debt 
or  liability  incurred  in  excess  of  «uch  express  provisions  shall  be  and 
remain  absolutely  void,  except  that  for  the  purposes  of  organization,  or 
for  any  of  the  purposes  of  this  act,  the  board  of  directors  may,  before 
the  collection  of  the  first  assessment,  incur  indebtedness  in  such  sum  or 
sums  as  shall  amount  to  two  thousand  dollars,  or,  if  the  district  shall 
contain  more  than  four  thousand  acres,  to  one-half  as  many  dollars  as 
there  are  acres  of  land  in  the  district,  and  may  cause  warrants  of  the 
district  to  be  issued  therefor,  bearing  interest  at  seven  per  cent  ])pr 
annum;  provided,  however,  that  in  no  case  shall  the  total  amount  of  war- 
rants authorized  in  this  section  exceed  fifty  thousand  dollars,  and  all 
such-  warrants  must  be  made  payable  not  later  than  the  first  day  of 
January  after  the  first  assessment  shall  be  levied  in  the  diBtnct  issuniK 
such  warrants;  and  provided,  further,  that  nothing  contained  in  this  «cc- 
tion  shall  be  construed  as  limiting  the  right  of  the  board  to  enter  into 
any  contract  or  lease  for  any  lands,  waters,  water  rights  or  otu-r  prop- 
erty, as  in  this  act  provided  for,  and  by  such  lease  or  contract  to  bind 


Act  1726,  §  78  GENERAL   LAWS.  1340 

the  district  for  the  payment  of  the  rental  or  consideration  specified  in 
such  lease  or  contract;  and  provided,  further,  that  any  warrant  of  the 
district  payable  on  demand,  if  presented  to  the  treasurer  for  payment 
when  funds  are  not  available  for  the  payment  thereof,  shall  thereafter 
draw  interest  at  the  rate  of  five  per  cent  per  annum  until  public  notice 
is  given  that  such  funds  are  available.  Upon  the  presentation  of  any 
such  warrant  for  payment  when  funds  of  the  district  are  not  available 
to  pay  the  same,  the  treasurer  of  the  district  shall  indorse  thereon  the 
words,  "Funds  not  available  for  payment,"  with  the  date  of  presenta- 
tion, and  shall  sign  his  name  thereto.  He  shall  keep  a  record,  showing 
the  number  and  amount  of  each  such  warrant,  the  date  of  its  issuance, 
the  person  in  whose  favor  it  was  issued  and  the  date  of  its  presentation 
for  payment.  Whenever  there  is  sufficient  money  in  the  treasury  to  pay 
all  such  outstanding  warrants,  or  whenever  the  board  of  directors  shall 
order  that  all  such  warrants  presented  for  payment  prior  to  a  certain 
date  be  paid  and  there  is  sufficient  money  available  for  such  payments, 
the  treasurer  shall  give  notice  in  some  newspaper  published  in  the  dis- 
trict, or,  if  none  is  published  therein,  then  in  some  newspaper  published 
in  the  county  in  which  the  district  or  any  portion  thereof  is  situated,  or, 
if  none  is  published  in  such  county,  then  the  treasurer  shall  post  such 
notice  conspicuously  in  the  place  in  which  the  board  of  directors  of  the 
district  holds  its  regular  meetings,  stating  that  he  is  prepared  to  paj'  all 
warrants  of  the  district  for  the  paj-ment  of  which  funds  were  not  avail- 
able upon  their  original  presentation,  or  all  such  warrants  which  were 
presented  for  payment  prior  to  the  date  fixed  by  the  board  of  directors, 
as  the  case  may  be,  and  no  further  description  of  the  warrants  entitled 
to  payment  shall  be  made  in  such  notice.  Upon  the  presentation  of  any 
warrant  entitled  to  payment  under  the  terms  of  such  notice,  the  treasurer 
shall  pay  it,  together  with  interest  thereon  at  the  rate  of  five  per  cent 
per  annum  from  the  date  of  its  original  presentation  for  payment  to  the 
date  of  the  first  publication  or  posting  of  the  aforesaid  notice,  and  all 
warrants  for  the  payment  of  which  funds  are  declared  in  said  notice  to 
be  available  shall  cease  to  draw  interest  at  the  time  of  the  first  publica- 
tion or  posting  of  said  notice.  The  treasurer  shall  enter  in  the  record 
hereinbefore  required  to  be  kept  the  dates  of  the  payment  of  all  such 
warrants,  the  names  of  the  persons  to  whom  payments  are  made  and  the 
amount  paid  to  each  person.  [Amendment  approved  June  16,  1913;  Stats, 
1913,  p.  1001.] 

Also  amended  March  28,  1911   (Stats.  1911,  p.  517). 

Exclusion  of  lands  from  irrigation  districts.  Lands  not  susceptible  of 
irrigation,  etc.  Land  irrigated  by  pumping. 
§  78.  If,  upon  the  hearing  of  any  such  petition,  no  evidence  or  proofs 
in  support  thereof  be  introduced,  or  if  the  evidence  fail  to  sustain  said 
petition,  or  if  the  board  deem  it  not  for  the  best  interests  of  the  dis- 
trict that  the  lands,  or  some  portion  thereof,  mentioned  in  the  petition, 
should  be  excluded  from  the  district,  the  board  shall  order  that  said  peti- 


1341  IRRIGATION.  Act  1731,  §  21/^ 

tion  be  denied  as  to  such  lands;  but  if  the  said  board  deem  it  for  the 
best  interest  of  the  district  that  the  lands  mentioned  in  the  petition,  or 
some  portion  thereof,  be  excluded  from  the  district,  and  if  no  person 
interested  in  the  district  show  cause  in  writing  why  the  said  lands,  or 
some  portion  thereof,  should  not  be  excluded  from  the  district,  or  if,  hav- 
ing shown  cause,  withdraws  the  same,  or  upon  the  hearing  fails  to  estab- 
lish such  objections  as  he  may  have  made,  then  it  shall  be  the  duty  of 
the  board  to,  and  it  shall  forthwith,  make  an  order  that  the  lands  men- 
tioned and  described  in  the  petition,  or  some  defined  portion  thereof,  be 
excluded  from  said  district;  provided,  that  it  shall  be  the  duty  of  said 
board  to  so  order,  upon  petition  therefor  as  aforesaid,  that  all  lands  so 
petitioned  to  be  excluded  from  said  district  shall  be  excluded  therefrom, 
which  cannot  be  irrig".ted  from,  or  which  are  not  susceptible  to,  or  would 
not,  by  reason  of  being  permanently  devoted  to  uses  other  than  agri- 
cultural, horticultural,  viticultural  or  grazing,  be  directly  benefited  by, 
the  actual  irrigation  of  same  from  a  common  source  or  by  the  same  sys- 
tem of  works  with  the  other  lands  of  said  district,  or  from  the  source 
selected,  chosen,  or  provided,  or  the  system  adopted  for  the  irrigation 
of  the  lands  in  said  district,  or  which  are  already  irrigated,  or  entitled 
to  be  irrigated,  from  another  source  or  by  another  system  of  irrigation 
works;  provided,  that  no  land  irrigated  by  means  of  water,  pumped  from 
an  underground  source  or  sources  shall  be  entitled  to  exclusion  from  any 
irrigation  district  on  account  of  being  so  irrigated,  if  it  shall  be  shown 
that  such  land  is  or  will  be  substantially  benefited  by  subirrigation  from 
the  works  of  said  district  or  by  drainage  works  provided  or  required  by 
law  to  be  provided  by  said  district,  but  no  owner  of  land  in  any  irriga- 
tion district  shall  be  required  to  pay  any  assessment,  except  for  tlie  pay- 
ment of  interest  and  principal  due  on  bonds  of  the  district,  on  any  land 
in  such  district  which,  when  the  district  was  organized,  was  irrigated  by 
means  of  water  pumped  from  an  underground  source  or  sources  and  lias 
continued  each  year  to  be  irrigated  exclusively  by  such  means,  [.\mcnd- 
ment  approved  June  13,  1913;  Stats.   1913,  p.   781.] 

Citations.      Cal.  156/479,  480;  159/574,  575;   161/345,  347,  348;  162/14,  17. 
18,   19. 

ACT  1731. 

Au  act  to   provide  for  the  dissolution   of  irrigation   districts,  the  ascer- 

tainment  and  discharge  of  their  indebtedness  and  the  distribution  of 

their  property. 

[Approved  February  10,  1903.     Stats.  1903,  p.  3.] 

Amended    1909,    p.    139;    Ex.    Sess.    1911,    118;    1913,    39. 

The  amendments  of  1911  and  1913  follow: 

Proceedings  under  certain  conditions. 

§  21/2-     In   case  an   irrigation   district  has  no  indebtodncss  not   barred 
by  the  statute  of  limitations  and  no  assets,  and  has  ceased  to  be  :»  U"'"K 


Act  1731,  §§  2, 2a      general  laws.  1342 

concern  and  has  no  irrigation  system  by  which  it  conveys  water  for 
irrigation  or  domestic  purposes  to  any  of  the  residents  of  such  district, 
the  petition  for  dissolution  mentioned  in  section  2  of  said  act  shall  con- 
tain statements  showing  such  facts  and  also  that  it  is  the  desire  of  the 
signers  of  such  petition  to  have  said  district  dissolved,  and  such  petition 
need  not  contain  any  other  statement  or  allegation,  and  such  petition 
need  only  be  signed  by  two-thirds  of  the  qualified  electors  residing  in 
such  district,  and  by  the  holders  of  title  or  evidence  of  title  representing 
at  least  fifty  per  cent  of  the  acreage  within  said  district  and  not  less  than 
fifty  per  cent  in  value  of  all  lands  lying  within  the  exterior  boundaries 
of  said  district,  the  value  of  said  lands  to  be  determined  by  the  last 
equalized  assessment-roll  of  said  district,  and  such  petition  so  signed  and 
containing  such  statements  and  allegations  shall  be  sufficient.  In  such 
case  the  plan  of  dissolution  referred  to  in  section  3  of  said  act  need  only 
show  the  facts  that  there  is  no  district  indebtedness  not  barred  by  the 
statute  of  limitations  and  that  the  district  has  disposed  of  all  of  its 
assets;  provided,  that  the  petition  shall  further  recite  the  fact  t'.at  an 
application  will  be  made  to  the  superior  court  for  a  decree  of  dissolution 
of  said  district  under  the  provisions  of  said  act.  And  in  the  case  men- 
tioned in  this  section,  it  shall  not  be  necessary  to  obtain  the  assent  of 
any  holder  of  any  evidence  of  indebtedness  of  said  district  barred  by 
any  statute  of  limitations  of  this  state  before  the  election,  provided  for 
in  said  section  3,  shall  be  called. 

§  2.  This  act  shall  take  effect  ninety  days  after  the  ad.iournment  of 
this  extraordinary  session  of  the  legislature.  [New  section  approved 
December  24,  IGH;  Stats.  Ex.  Sess.  1911,  p.  118.] 

This  section  is  probably  superseded  by   §   2a,  which  was  added  in   1913.      See 

next  section. 

Statement  of  district  having  no  assets.  _  Special  election.     Ballot. 

§  2a.  In  case  an  irrigation  district  has  no  indebtedness  not  barred 
by  the  statute  of  limitations  and  no  assets  and  has  ceased  to  be  a  going 
concern  and  has  no  irrigation  system  by  which  it  conveys  water  for  irri- 
gation or  domestic  purposes  to  any  of  the  residents  of  such  district,  the 
petition  for  dissolution  mentioned  in  section  2  of  said  act  shall  contain 
statements  showing  such  facts  and  also  that  it  is  the  desire  of  the  signers 
of  such  petition  to  have  said  district  dissolved,  and  such  petition  need 
not  contain  any  other  statement  or  allegation,  and  such  petition  need 
only  be  signed  by  two-thirds  of  the  qualified  electors  residing  in  such 
district,  and  by  the  holders  of  title  or  evidence  of  title  representing  at 
least  fifty  per  cent  of  the  acreage  within  said  district  and  not  less  than 
fifty  per  cent  in  value  of  all  lands  'ying  within  the  exterior  boundaries 
of  said  district,  the  value  of  said  lands  to  be  determined  by  the  last 
equalized  assessment-roll  of  said  district,  and  such  petition  so  signed  and 
containing  such  statements  and  allegations  shall  be  sufl^cient.  In  such 
case   the  plan   of   dissolution   referred   to   in   section   3   of   said   act   may 


1343  IRRIGATION.  Act  1732a,  §  1 

be  entirely  omitted  and  it  shall  not  be  necessary  for  the  petitioners  or 
persons  signing  such  petition,  or  for  the  board  of  directors  of  such  dis- 
trict to  propose  any  plan  for  the  dissolution  of  such  district  or  any  plan 
for  the  liquidation  of  its  indebtedness  or  the  distribution  of  its  assets; 
provided,  that  the  petition  shall  further  recite  the  fact  that  an  applica- 
tion will  be  made  to  the  superior  court  of  the  state  of  California  in  and 
for  the  county  in  which  the  office  of  the  board  of  directors  of  such  dis- 
trict is  required  to  be  kept,  for  a  decree  of  dissolution  of  said  district 
under  the  provisions  of  said  act.  And  in  the  case  mentioned  in  this  sec- 
tion, it  shall  not  be  necessary  to  obtain  the  assent  of  any  holder  of  any 
indebtedness  or  evidence  of  indf'btedness  of  said  district  barred  by  any 
statute  of  limitations  of  this  state  before  the  election  provided  for  in 
said  section  3,  shall  be  called.  Upon  the  filing  of  said  petition  with  the 
board  of  directors  of  said  district,  said  board  shall  call  a  special  election 
at  which  shall  be  submitted  to  the  electors  of  such  district  the  question 
whether  or  not  said  district  shall  be  dissolved.  Notice  of  such  election 
must  be  given  by  posting  notices  in  three  public  places  in  each  election 
precinct  in  said  district  for  at  least  twenty  days  and  also  by  publication 
of  such  notice  in  some  newspaper  published  in  the  county  where  the  office 
of  the  board  of  directors  is  required  to  be  kept,  once  a  week  for  at  least 
three  successive  weeks  before  such  election.  Such  notices  must  specify 
the  time  of  holding  the  election,  and  the  fact  that  it  is  proposed  to  dis- 
solve the  district.  Said  election  must  be  held  and  the  result  thereof  de- 
termined and  declared  in  all  respects  as  nearly  as  practicable  in  con- 
formity with  provisions  of  law  governing  the  election  of  officers  in  irri- 
gation districts.  At  such  election  the  ballot  shall  contain  the  words 
"Dissolution  of  the  district — Yes"  or  "Dissolution  of  the  district— No." 
or  words  equivalent  thereto.  It  shall  not  be  necessary  in  winding  up  the 
affairs  of  any  district  organized  under  the  laws  of  this  state  to  pay  all 
or  any  portion  of  any  debt  or  obligation  of  such  district,  for  the  enforce- 
ment of  which  debt  or  obligation  a  suit  is  barred  by  the  laws  of  this 
state,  nor  to  pay  any  bond,  coupon,  warrant  or  other  indebtedness,  claim 
or  demand  which  shall  be  barred  by  the  laws  of  this  state  prior  to  the 
filing  of  the  petition  for  dissolution  with  the  board  of  directors  of  such 
district.     [New  section  approved  April  19,  1913;  Stats.  1913,  p.  39.] 

ACT  1732a. 

An  act  regarding  irrigation  and  declaring  the  same  to  be  a  pnl''"'   n^^' 
[Approved  May  1,  1911.     Stats.  1911,  p.  1407.] 

Power  of  eminent  domain  may  be  exercised  to  further  irrigation. 

§  1.  Irrigation  in  the  state  of  California  is  hereby  declared  to  lie  a 
public  necessity  and  a  public  use,  and  the  power  of  eminent  domain  nuiy 
be  exercised  on  behalf  of  such  public  use  in  accordance  with  the  pro- 
visions of  title  7,  part  3  of  the  Code  of  Civil  Procedure  of  the  state 
of  California.  Provided,  that  any  person,  firm  or  corporation,  oxer.-isniK 
the  power  of  eminent  domain  and  in  control  of  water  appropriated  for 


Act  1732b,  §§  1,  2  GENERAL   LAWS.  1344 

sale,  rental  or  distribution,  shall  not,  by  this  act,  be  relieved  from  the 
duty  of  furnishing  water  to  irrigate  the  lands  over  which  any  right  of 
way  is  obtained  by  condemnation  for  irrigation  purposes  as  required  by 
an  act  entitled,  "An  act  to  regulate  and  control  the  sale,  rental  and  dis- 
tribution of  appropriated  water  in  this  state,  other  than  in  any  city,  city 
and  county,  or  town  therein  and  to  secure  the  rights  of  way  for  the  con- 
veyance of  such  water  to  the  places  of  use,"  approved  March  12,  1885, 
or  any  other  law  now  in  force  in  this  state. 

Does  not  repeal  act  of  1885. 

§  2.  This  act  shall  not  repeal  or  modify  an  act  entitled  "An  act  to 
regulate  and  control  the  sale,  rental  and  distribution  of  appropriated 
water  in  this  state,  other  than  in  any  city,  cit}'  and  county,  or  town 
therein,  and  to  secure  the  rights  of  way  for  the  conveyance  of  such  water 
to  the  place  of  use,"  approved  March  12,  1885,  and  other  acts  supple- 
mental thereto  and  amemlatory  thereof,  nor  shall  the  same  be  construed 
to  alter  or  change  the  law  of  the  state  of  California  as  to  the  duty  of 
any  person,  firm  or  corporation  in  charge  of  a  public  use  to  furnish  water. 

§  3.     This  act  shall  be  in  force  from  and  after  its  passage. 

ACT  1732b. 

An  act  relating  to  bonds  of  irrigation  districts,  providing  under  what 
circumstances  such  bonds  shall  be  legal  investments  for  funds  of 
banks,  insurance  companies  and  trust  companies,  trust  funds,  state 
school  funds  and  any  money  or  funds  which  may  now  or  hereafter 
be  invested  in  bonds  of  cities,  cities  and  counties,  counties,  school 
districts  or  municipalities,  and  providing  under  what  circumstances 
the  use  of  bonds  of  irrigation  districts  as  security  for  the  perform- 
ance of  any  act  may  be  authorized. 

[Approved  June  13,  1913.     Stats.  1913,  p.  778.] 

Resolution  declaring  irrigation  district  bonds  available. 

§  1.  Whenever  the  board  of  directors  of  any  irrigation  district  organ- 
ized and  existing  under  and  pursuant  to  the  laws  of  the  state  of  Cali- 
fornia shall  by  resolution  declare  that  it  deems  it  desirable  that  any  con- 
templated or  outstanding  bonds  of  said  district,  including  any  of  its 
bonds  authorized  but  not  sold,  shall  be  made  available  for  the  purposes 
provided  for  in  section  7  of  this  act,  the  said  board  of  directors  shall 
thereupon  file  a  certified  copy  of  such  resolution  with  the  commission 
hereinafter  provided  for. 

Report  of  comnussion  on  affairs  of  district. 

§  2.  Such  commission,  upon  the  receipt  of  a  certified  copy  of  such 
resolution,  shall,  without  delay,  make  or  cause  to  be  made  an  investiga- 
tion of  the  affairs  of  the  district  and  report  in  writing  upon  such  matters 
as  it  may  deem  essential,  and  particularly  upon  the  following  points: 


1345  IRRIGATION.  Act  1732b,  §  3 

_  (a)   The  supply  of  water  available  for  the  project  and  the  right  of  the 
district  to  so  much  water  as  may  be  needed. 

(b)  The  nature  of  the  soil  as  to  its  fertility  and  susceptibility  to  irri- 
gation, the  probable  amount  of  water  needed  for  its  irrigation  and  the 
probable  need  of  drainage. 

(c)  The  feasibility  of  the  district's  irrigation  system  and  of  the  spe- 
cific project  for  which  the  bonds  under  consideration  are  desired  or  have 
been  used,  whether  such  system  and  project  be  constructed,  projected  or 
partially  completed. 

(d)  The  reasonable  market  value  of  the  water,  water  rights,  canals, 
reservoirs,  reservoir  sites  and  irrigation  works  owned  by  such  district 
or  to  be  acquired  or  constructed  by  it  with  the  proceeds  of  any  of  such 
bonds. 

(e)  The  reasonable  market  value  of  the  lands  included  within  the 
boundaries  of  the  district. 

(f)  Whether  or  not  the  aggregate  amount  of  the  bonds  under  consid- 
eration and  any  other  outstanding  bonds  of  said  district,  including  bonds 
authorized  but  not  sold,  exceeds  sixty  per  centum  of  the  aggregate  mar- 
ket value  of  the  lands  within  said  district  and  of  the  water,  water  rights, 
canals,  reservoirs,  reservoir  sites,  and  irrigation  works  owned,  or  to  be 
acquired  or  constructed  with  the  proceeds  of  any  cf  said  bonds,  by  said 
district,  as  determined  in  accordance  with  paragraphs  (d)  and  (e)  in 
this  section. 

(g)  The  numbers,  date  or  dates  of  issue  and  denominations  of  the 
bonds,  if  any,  which  the  commission  shall  find  are  available  for  the  pur- 
poses provided  for  in  section  7  of  this  act,  and,  if  the  investigation  has 
covered  contemplated  bonds,  the  total  amount  of  bonds  which  the  district 
can  issue  without  exceeding  the  limitation  expressed  in  paragraph  (f) 
of  this  section. 

Report  filed  with  controller  and  secretary  of  district.  Controller's  cer- 
tificate. Bonds,  issuance  of. 
§  3.  The  written  report  of  the  investigation  herein  provided  for  shall 
bo  filed  in  the  office  of  the  state  controller,  and  a  copy  of  said  report  shall 
by  the  commission  be  forwarded  to  the  secretary  of  the  district  for  which 
the  investigation  shall  have  been  made,  and  if  said  commission  shall 
have  found,  as  set  out  in  said  report,  that  the  irrigation  system  of  the 
district  and  the  specific  project  for  which  the  bonds  under  consideration 
are  desired  or  have  been  used,  whether  such  project  be  constructed,  pro- 
jected or  partially  completed,  are  feasible  and  that  the  aggregate  amount 
"of  the  bonds  under  consideration  and  any  other  outstanding  bonds  of 
said  district,  including  bonds  authorized  but  not  sold,  does  not  exceed 
sixty  per  centum  of  the  aggregate  market  value  of  the  lands  within 
said  district  and  of  the  water,  water  rights,  canals,  reservoir,  reservoir 
sites,  and  irrigation  works  owned  or  to  be  acquired  or  const nir-tcd  with 
the  proceeds  of  any  of  said  bonds  by  said  district,  the  bonds  of  such 
85 


Act  1732b,  §  4  GENERAL   LAWS.  1346 

irrigation  district,  as  described  and  enumerated  in  said  report  filed  with 
the  state  controller,  shall  be  certified  by  the  state  controller,  as  herein- 
after provided  for.  If  the  commission  shall  be  notified  by  the  board  of 
directors  of  any  district  whose  irrigation  system  has  been  found  in  such 
report  to  be  feasible  that  the  district  has  issued  bonds  and  the  commis- 
sion shall  find  that  said  bonds  are  for  any  project  or  projects  approved 
in  such  report  and  that  the  amount  of  said  bonds  does  not  exceed  the 
limitation  stated  in  such  report,  the  commission  shall  prepare  and  file 
with  the  state  controller  a  supplementary  report  giving  the  numbers, 
date  or  dates  of  issue  and  denominations  of  said  bonds,  which  shall  then 
be  entitled  to  certification  by  the  state  controller  as  hereinafter  provided 
for.  Subsequent  issues  of  bonds  may  be  made  available  for  the  purposes 
specified  in  this  act  upon  like  proceedings  by  said  district,  but,  after  any 
of  the  bonds  of  an  irrigation  district  have  been  enumerated  and  described 
as  entitled  to  certification  by  the  state  controller  as  herein  provided  for, 
it  shall  be  unlawful  for  that  district  to  issue  bonds  that  will  not  be  en- 
titled to  such  certification.  It  is  hereby  made  the  duty  of  the  state  con- 
troller to  prov^ide  for  filing  and  preserving  the  reports  mentioned  in  this 
section  and,  also,  to  make,  keep  and  preserve  a  record  of  the  bonds  cer- 
tified by  him  in  accordance  with  the  provisions  of  section  4  of  this  act, 
including  the  date  of  certification,  the  legal  title  of  the  district,  the  num- 
ber of  each  bond,  its  par  value,  the  date  of  its  issue  and  that  of  its 
maturity. 

rorm  of  certificate. 

§  4.  Whenever  any  bond  of  an  irrigation  district  organized  and  exist- 
ing as  aforesaid,  including  any  bond  authorized  in  any  such  district  but 
not  sold,  which  shall  be  eligible  to  certification  by  the  state  controller 
under  section  3  of  this  act,  shall  be  presented  to  the  state  controller, 
he  shall  cause  to  be  attached  thereto  a  certificate  in  substantially  the 
following  form: 

Sacramento,  Cal.   (insert  date) 

I,  ,  controller  of  the  state   of  California,  hereby   certify  that   the 

within  bond.  No.  of  issue  jSTo.  of  the  irrigation  district, 

issued (insert  date),  is,  in  accordance  with  an  act  of  the  legislature 

of  California  approved  ,  a  legal  investment  for  all  trust  funds  and 

for  the  funds  of  all  insurance  companies,  banks,  both  commercial  and 
savings,  trust  companies,  the  state  school  funds  and  any  funds  which 
may  be  invested  in  county,  municipal  or  school  district  bonds,  and  it 
may  be  deposited  as  security  for  the  performance  of  any  act  whenever 
the  bonds  of  any  county,  city,  city  and  county,  or  school  district  may 
be  so  deposited,  it  being  entitled  to  such  privileges  by  virtue  of  an 
examination  by  the  state  engineer,  the  attorney  general  and  the  super- 
intendent of  banks  of  the  state  of  California  in  pursuance  of  said  act. 
The  within  bond  may  also,  according  to  the  constitution  of  the  state  of 


1347  raRiGATioN.  Act  1732c 

California,  be  used  as  security  for  the  deposit  of  public  money  in  banks 
in  said  state. 

Controller  of  State   of   California. 
In   case  of  a  change  in   the  constitution   or  any  of  the  laws   of   this 
state   relating  to   the   bonds   of  irrigation   districts,   the  state   controller 
shall,  if  necessary,  modify  the  above  certificate  so  that  it  shall  conform 
to  the  facts. 

Commission  created. 

§  5.  The  attorney  general,  the  state  engineer  and  the  superintendent 
of  banks  are  hereby  constituted  the  commission  herein  provided  for,  and 
said  commission  shall  elect  one  of  its  members  chairman  and  may  employ 
such  clerks  and  assistants  as  may  be  necessary  for  the  performance  of 
the  duties  herein  imposed,  and  may  fix  the  compensation  to  be  paid  to 
such  clerks  and  assistants. 

Expenses. 

§  6.  All  necessary  expenses  incurred  in  making  the  investigation  and 
report  in  this  act  provided  for  shall  be  paid  as  the  commission  may 
require  by  the  irrigation  district  whose  property  has  been  investigated 
and  reported  on  by  the  said  commission;  provided,  that  the  benefit  of 
any  services  that  may  have  been  performed  and  any  data  that  may  have 
been  obtained  by  any  member  of  said  commission  or  any  other  public 
official  in  pursuance  of  the  requirements  of  any  law  other  than  this  act, 
shall  be  available  for  the  use  of  the  commission  herein  provided  for 
without  charge  to  the  district  whose  affairs  are  under  investigation. 

Bonds  certified  legal  investments  for  trust  funds,  etc. 

§  7.  All  bonds  certified  in  accordance  with  the  terms  of  this  act  shall 
be  legal  investments  for  all  trust  funds,  and  for  the  funds  of  all  insur- 
ance companies,  banks,  both  commercial  and  savings,  and  trust  companies, 
and  for  the  state  school  funds,  and  whenever  any  money  or  funds  may, 
by  law  now  or  hereafter  enacted,  be  invested  in  bonds  of  cities,  cities 
and  counties,  counties,  school  districts,  or  municipalities  in  the  state  of 
California,  such  money  or  funds  may  be  invested  in  the  said  bonds  of 
irrigation  districts,  and  whenever  bonds  of  cities,  cities  and  eounflcs, 
counties,  school  districts  or  municipalities  may  by  any  law  now  or 
hereafter  enacted  be  used  as  security  for  the  performance  of  any  net, 
bonds  of  irrigation  districts  under  the  limitations  in  this  act  proviiled 
may  be  so  used.  This  act  is  intended  to  be  and  shall  be  considcrod  tho 
latest  enactment  upon  the  matters  herein  contained,  and  any  and  all 
acts  in  conflict  with  the  provisions  hereof  are  hereby  repealed. 

ACT  1732c. 

An  act  relating  to  the  bonds  of  irrigation  districts,  providing  under 
what  circumstances  such  bonds  may  become  legal  invcstni<>n(H  for 
the  funds  of  banks,  banking  associations,  trust  companies,  insurance 


Acts  ]  732d,  1732e     general  laws.  1348 

companies  and  for  the  state  school  funds,  and  providing  that  snch 
bonds  may  be  depo-sited  as  security,  and  providing  for  a  commission 
for  approving  such  bonds,  for  a  report  thereon,  for  the  filing  of  such 
report  and  for  the  registration  of  such  bonds  in  the  ofiice  of  the 
state  controller. 

[Approved   March   9,    1911.     Stats.    1911,   p.   322.] 
Citations.     Cal.  162/21. 
Probably  superseded  by   Act    1732b,   ante. 

ACT  1732d. 

An  act  relating  to  bonds  of  irrigation  districts,  providing  under  what 
circumstances  such  bonds  may  be  made  legal  investments  for  the 
funds  of  banks,  banking  associations,  trust  companies,  insurance 
companies,  and  for  the  state  school  funds  and  trust  funds,  and  pro- 
viding for  the  deposit  of  such  bonds  as  security  for  public  moneys, 
and  providing  for  a  commission  for  approving  certain  bonds  of  irri- 
gation districts,  for  a  report  thereon,  for  the  filing  of  such  report, 
for  a  certificate  of  the  state  controller,  and  for  the  recording  of 
such  bonds  in  the  office  of  the  state  controller.  [Approved  Decem- 
ber 18,  1911.  Stats.  Ex.  Sess.  1911,  p.  3.] 
Probably  superseded  by  Act   1732b,   ante. 

ACT  1732e, 

An  act  to  provide  for  the  release  of  all  claims  and  liens  arising  from 
irrigation  district  bonds  and  interest  coupons  voluntarily  surrendered 
for  cancellation,  and  to  provide  for  the  establishment  of  record  of 
such  release. 

[Approved  May  1,  1911.     Stats.  1911,  p.  1160.] 

Petition  to  surrender  irrigation  district  bonds. 

§  1.  Whenever  a  holder  of  bonds  and  interest  coupons  issued  by  an 
irrigation  district  organized  under  the  provisions  of  an  act  entitled  "An 
act  to  provide  for  the  organization  and  government  of  irrigation  dis- 
tricts, and  to  provide  for  the  acquisition  of  water  and  other  property, 
and  for  the  distribution  of  water  thereb}-  for  irrigation  purposes,"  ap- 
proved March  7,  1887,  and  all  acts  supplementary  thereto,  or  amendatory 
thereof,  including  an  act  entitled,  "An  act  to  provide  for  the  organization 
and  government  of  irrigation  districts,  and  to  provide  for  the  acquisi- 
tion or  construction  thereby  of  works  for  the  irrigation  of  the  lands 
embraced  within  such  districts,  and,  also,  to  provide  for  the  distribu- 
tion of  water  for  irrigation  purposes,"  approved  March  31,  1S97;  shall 
desire  to  surrender  such  bonds  and  interest  coupons  and  have  the  same 
canceled  and  discharged  and  released  as  a  claim  against  said  district 
and  as  a  lien  or  charge  thereon  and  against  any  of  the  land  or  property 
thereof  or  therein,  and  shall  desire  to  have  it  established  of  record  that 


1349  IRRIGATION.  Act  1732e,  §§  2-4 

said  bonds  and  coupons  and  the  said  claims,  liens  and  charges  arising 
therefrom  are  canceled,  discharged  and  released,  he  may  file  a  petition 
for  such  purpose  in  the  superior  court  for  the  county  wherein  is  situated 
any  of  the  land  included  in  said  district. 

Proceeding  in  rem  deemed  commenced. 

§  2.  By  the  filing  of  said  petition,  an  action  in  the  nature  of  a  pro- 
ceeding in  rem  against  all  persons  interested  in  said  bonds  or  coupons 
or  any  of  them,  shall  be  deemed  commenced.  Notice  of  said  proceeding 
shall  be  given  by  filing  a  notice  of  the  pendency  of  the  proceeding  in 
the  office  of  the  county  recorder  of  each  of  the  counties  wherein  is 
situated  any  of  the  land  included  in  said  district  and  by  publication  of 
a  notice  of  the  pendency  of  the  proceeding  once  a  week  for  at  least  four 
weeks  in  one  newspaper  published  iu  each  of  the  counties  wherein  is 
situated  any  of  the  land  included  in  said  district.  The  notice  of  the 
pendency  of  the  proceeding  shall  contain  the  name  of  the  petitioner,  a 
description  of  the  bonds  and  coupons  with  respect  of  which  the  proceed- 
ing is  commenced,  a  brief  description  of  the  relief  sought  by  the  pro- 
ceeding, the  time  when  the  proceeding  will  be  heard  by  the  court  (which 
must  not  be  earlier  than  thirty  days  after  the  last  publication  of  said 
notice),  and  a  notice  to  all  persons  interested  in  the  proceeding  requiring 
them  to  appear  at  such  time  at  said  court  to  show  cause  if  any  they  have 
why  the  relief  sought  by  the  proceeding  should  not  be  granted. 

Jurisdiction. 

§  3.  Upon  the  completion  of  the  said  publication  and  at  the  time 
named  in  the  notice  for  the  hearing,  the  court  shall  have  full  and  com- 
plete jurisdiction  of  the  petitioner  and  of  the  said  bonds  and  coui)ons 
and  of  all  parties  having  or  claiming  any  interest  of  any  kind  in  saitl 
bonds  or  coupons  or  any  of  them,  for  the  purposes  of  said  proceeding  and 
shall  have  full  and  complete  jurisdiction  to  render  the  judgment  therein 
which  is   provided   for  by   this  act. 

Hearing  and  judgment. 

§  4.  Any  person  interested  may  at  or  before  the  time  named  in  the 
notice  for  the  hearing,  appear  and  by  answer  filed  to  said  petition  con- 
test the  title  of  the  petitioner  to  said  bonds  or  coupons  or  any  of  them 
and  the  court  shall  order  the  entry  of  the  default  of  all  persons  who  shall 
have  failed  to  so  appear  and  answer.  Thereupon  or  at  such  time  to 
which  the  hearing  may  be  continued,  the  court  shall  proceed  and  deter- 
mine the  ownership  of  said  bonds  and  coupons  and  must  in  all  caHCB 
require  proof  of  the  facts  alleged  in  the  petition.  If  the  court  finds  that 
the  petitioner  is  the  owner  of  said  bonds  and  coupons  or  some  of  thorn 
and  that  the  allegations  contained  in  the  petition  with  respect  of  s.-iid 
bonds  and  coupons  so  owned  by  him  are  true,  then  the  court  shall  by  itn 
judgment  describe  the  bonds  and  coupons  so  owned  by  the  petitioner  and 
shall  decree  that  they  are  surrendered,  canceled,  discharged  and  released 
as  a   claim   against   said   district   and   as   a   lieu   or   charge   thereon   and 


Act  1732f,  §§  1, 2  GENERAL  LAWS.  1350 

against  any  of  the  land  or  property  thereof  or  therein  and  such  judg- 
ment shall  be  conclusive  and  binding  upon  every  person  having  or  claim- 
ing any  interest  of  any  kind  in  said  bonds  or  coupons  or  any  of  them  and 
the  said  bonds  and  coupons  shall  thereupon  be  marked  canceled  by  the 
clerk  of  said  court  and  delivered  by  him  into  the  possession  of  the  said 
irrigation  district  whenever  such  district  shall  demand  the  same;  and 
after  said  judgment,  said  bonds  and  coupons  shall  not  comprise  any 
claim,  lien  or  charge  against  said  district  or  any  of  the  land  or  property 
thereof  or  therein. 

Judgment  recorded. 

§  5.  A  certified  copy  of  the  judgment  in  said  proceeding  shall  be 
recorded  in  the  office  of  the  county  recorder  of  each  of  the  counties 
wherein  is  situated  any  of  the  land  included  in  said  district  and  shall 
constitute  complete  notice  that  said  bonds  and  coupons  have  been  sur- 
rendered, canceled,  discharged  and  released  and  do  not  comprise  any 
claim,  lien  or  charge  against  said  district  or  any  of  the  land  or  property 
thereof  or  therein. 

Procedure. 

§  6.  Except  as  herein  otherwise  provided,  all  the  provisions  and  rules 
of  law  relating  to  evidence,  pleading,  practice,  new  trials  and  appeals 
applicable  to  other  civil  actions,  shall  apply  to  the  proceedings  hereby 
authorized. 

§  7.     This  act  shall  take  effect  immediately. 

ACT  1732f. 

An  act  to  provide  for  the  formation,  management  and  dissolution  of 
county  irrigation  districts;  for  supplying  the  inhabitants  thereof 
with  water;  for  levying  and  collecting  taxes  on  property  in  such  dis- 
tricts; and  for  the  issuance  of  county  irrigation  district  bonds  and 
the  payment  thereof. 

[Approved  June  13,  1913.     Stats.  1913,  p.  7S5.] 

Formation  of  county  irrigation  districts. 

§  1.  Any  portion  of  a  county,  containing  unincorporated  territory,  or 
containing  the  whole  or  any  portion  of  one  or  more  incorporated  cities 
and  contiguous  unincorporated  territory,  and  not  included  in  a  county 
irrigation  district,  may  be  formed  into  county  irrigation  district,  and 
provision  made  for  the  purpose  of  supplying  the  inhabitants  of  such 
district  with  water,  in  the  manner  and  under  the  proceedings  herein- 
after described. 

Petition.     Name.     Description     of     improvements.     Cost,    Request    for 
election.     Map.     Undertaking. 
§  2.     A  petition  for  the  formation  of  such   county  irrigation  district 
may  be  presented  to  the  board  of  supervisors   of  the   county   in   which 


1351  IRRIGATION.  Act  1732f,  §  3 

the  proposed  district  is  located,  -R-hieh  petition  shall  be  signed  by  not 
less  than  fifty  freeholders,  resident  within  the  proposed  district,  and 
shall  contain: 

(1)  The  name  and  b&undaries  of  the  proposed  county  irrigation  dis- 
trict to  be  benefited  by  the  said  improvement. 

(2)  A  general  description  of  the  improvement  desired  for  the  purpose 
of  supplying  the  inhabitants  of  such  district  with  water,  and  which  may 
embrace  any  or  all  of  the  following:  the  acquisition,  construL-tion,  in- 
stallation, completion,  extension,  repair  or  maintenance  of  waterworks} 
structures  and  appliances,  and  the  acquisition,  by  purchase,  condemnation, 
contract,  lease,  or  otherwise,  of  lands,  rights  of  way,  water,  water  rights 
and  water  service,  necessary  or  convenient  for  such  purpose. 

(3)  An  estimate  of  the  cost  of  the  proposed  improvement  and  of  the 
incidental  expenses  in   connection  therewith. 

(4)  A  request  that  an  election  be  called  in  said  district  for  the  pur- 
pose of  submitting  to  the  qualified  voters  thereof  the  proposition  of 
forming  such  district  and  incurring  indebtedness  by  the  issuance  of 
bonds  of  such  district  to  pay  the  cost  and  expenses  of  the  proposed 
improvement.  Such  petition  must  be  accompanied  by  a  map  showing 
the  exterior  boundaries  of  the  proposed  district,  with  relation  to  the 
territory  immediately  contiguous  thereto,  and  plans  and  specifications  of 
the  proposed  improvement.  There  shall  also  be  filed  with  said  petition  a 
good  and  sufficient  undertaking,  to  be  approved  by  the  board  of  sujier- 
visors,  in  double  the  amount  of  the  probable  cost  of  forming  such  dis- 
trict, conditioned  that  the  sureties  shall  pay  said  cost,  in  case  the 
formation  of  such  district  shall  not  be  effected. 

Hearing  on  petition.    Notice.     Publication. 

§  3.  Such  petition  must  be  presented  at  a  regular  meeting  of  said 
board  of  supervisors,  and  the  board  shall  thereupon  fix  a  time  for  hear- 
ing the  same,  and  protests  of  interested  parties,  not  less  than  twenty- 
one  nor  more  than  thirty  days  after  the  date  of  presentation  thereof. 
The  clerk  of  the  board  shall' thereupon  cause  notices  of  the  filing  and 
hearing  of  such  petition  to  be  posted  in  three  of  the  most  public  i)ia('e9 
in  said  district.     Said  notice  shall  be  headed  "Notice  of  the  formation 

of  County  Irrigation   District   No.  "    (stating  name   of  county 

in  which  the  district  is  located  and  the  number  of  the  proposed  district) 
in  letters  not  less  than  one  inch  in  length,  and  shall,  in  legible  charac- 
ters, state  the  fact  and  date  of  the  filing  of  such  petition,  the  date  and 
hour  set  for  hearing  such  petition  and  protests,  briefly  describe  tho 
proposed  improvement,  specify  the  exterior  boundaries  of  tlie  diMnct  to 
be  benefited  bv  such  Improvement  and  to  be  taxed  to  provide  for  such 
improvement,  and  refer  to  said  petition,  map  and  plans  and  specificationn 
for  further  particulars.  The  said  clerk  shall  also  cause  a  notice,  similar 
in  substance,  to  be  published  at  least  once  a  week  for  two  consecutivo 
weeks  in  a  newspaper  of  general  circulation  printed  anrl  piiblishrd  in  the 
county  in  which  the  proposed  district  is  located,  and  designated  by  said 


Act  1732f,  §  4  GENERAL   LAWS.  1352 

board  for  that  purpose.  Said  notice  must  be  posted  and  published,  as 
above  provided,  at  least  ten  days  before  the  date  set  for  the  hearing  of 
said  petition. 

Written  protests.  Protests  sustained.  Changes  in  boundaries.  Jurisdic- 
tion. 

§  4.  Any  person  interested,  objecting  to  the  formation  of  said  dis- 
trict, or  to  the  extent  of  said  district,  or  to  the  proposed  improvement, 
or  to  the  inclusion  of  his  property  in  said  district,  may  file  a  written 
protest,  setting  forth  such  objections,  with  the  clerk  of  said  board  at  or 
before  the  time  set  for  the  hearing  of  said  petition.  The  clerk  of  said 
board  shall  indorse  on  each  such  protest  the  date  of  its  reception  by 
him,  and,  at  the  time  appointed  for  the  hearing  above  provided  for, 
shall  present  to  said  board  all  protests  so  filed  with  him.  Said  board 
shall  hear  said  petition  and  protests  at  the  time  appointed,  or  at  any 
time  to  which  the  hearing  thereof  may  be  adjourned,  and  pass  upon  the 
same,  and  its  decision  thereon  shall  be  final  and  conclusive.  If  any  of 
such  protests  be  against  the  formation  of  said  district,  or  against  the 
proposed  improvement,  and  be  sustained,  no  further  proceedings  shall 
be  had  or  taken  pursuant  to  said  petition,  but  a  new  petition  for  the 
same  or  a  similar  purpose  may  be  filed  at  any  time.  If  any  of  such 
protests  be  against  the  extent  of  said  district,  or  against  the  inclusion 
of  property  in  said  district,  then  the  board  shall  have  power  to  make 
such  changes  in  the  boundaries  of  the  proposed  district  as  it  shall  find  to 
be  proper  and  advisable,  and  shall  define  and  establish  such  boundaries, 
but  said  board  shall  not  modify  such  boundaries  so  as  to  exclude  from 
such  proposed  district  any  territory  which  will  be  benefited  by  said 
improvement,  nor  shall  any  territory  which  will  not,  in  the  judgment  of 
said  board  be  benefited  by  said  improvement  be  included  within  such 
proposed  district. 

Neither  shall  said  board  modify  such  boundaries  except  after  notice  of 
its  intention  so  to  do,  given  by  one  insertion  in  a  newspaper  of  general 
circulation  printed  and  published  in  said  county  and  designated  by  said 
board  for  that  purpose,  describing  the  proposed  modification,  and  specify- 
ing a  time  for  hearing  objections  to  such  modification,  which  time  shall 
be  at  least  ten  days  after  the  publication  of  said  notice.  Written 
objections  to  such  proposed  modification  may  be  filed  with  the  clerk  of 
said  board  by  any  interested  person  at  or  before  the  time  set  for  hearing 
the  same.  Said  board  shall  hear  and  pass  upon  such  objections  at  the 
time  appointed,  or  at  any  time  to  which  the  hearing  thereof  may  be 
adjourned,  and  its  decision  thereon  shall  be  final  and  conclusive.  If  such 
objections  or  any  of  them,  be  sustained,  no  further  proceedings  pur- 
suant to  such  petition  shall  be  taken,  but  a  new  petition  for  the  same 
or  a  similar  purpose  may  be  filed  at  any  time. 

At  the  expiration  of  the  time  within  which  protests  may  be  filed,  if 
none  be  filed,  or  if  protests  be  filed  and,  after  hearing  be  "denied,  or  at 
the  expiration  of  the  time  within  which  objections  to  the  modification  of 


1353  IRRIGATION.  Act  1732f,  §§  5, 6 

the  boundaries  of  tlie  district,  in  case  such  modification  be  proposed, 
may  be  filed,  if  none  be  filed,  or  if  such  objections  be  filed  and,  after 
hearing,  be  overruled,  as  above  provided,  then  said  board  shall  be  deemed 
to  have  acquired  jurisdiction  to  further  proceed  in  accordance  with  the 
provisions  of  this  act. 

Resolution  calling  special  election.     Maximum  rate  of  interest. 

§  5.  The  board  of  supervisors  shall,  by  ordinance  or  resolution 
adopted  at  a  regular  or  special  meeting,  thereof  after  having  acquired 
jurisdiction  to  proceed,  as  provided  above,  provide  for  and  order  the 
holding  of  a  special  election  in  such  proposed  county  irrigation  district 
and  the  submission  to  the  qualified  voters  thereof,  of  the  proposition 
of  forming  such  district  and  incurring  a  debt  by  the  issuance  of  bonds 
of  such  district  for  the  purposes  set  forth  in  said  petition.  The  ordi- 
nance or  resolution  calling  such  special  election  shall  also  recite  the 
objects  and  purposes  for  which  the  proposed  indebtedness  is  to  be  in- 
curred, the  estimated  cost  of  the  proposed  improvement,  the  amount  of 
the  principal  of  the  indebtedness  to  be  incurred  therefor,  and  the  rate 
of  interest  to  be  paid  on  said  indebtedness,  and  shall  fix  the  date  on 
which  such  special  election  shall  be  held,  the  manner  of  holding  the  same, 
and  the  manner  of  voting  for  or  against  said  proposition.  The  maxi- 
mum rate  of  interest  to  be  paid  on  such  indebtedness  shall  be  eight  per 
centum  per  annum,  payable  semi-annually. 

Precincts,  polling  places,  election  officers,  etc.    Publication  of  ordinance. 

§  6.  For  the  purposes  of  said  election,  the  board  of  supervisors  shall, 
in  said  ordinance  or  resolution,  establish  one  or  more  precincts  within 
the  boundaries  of  the  said  county  irrigation  district,  designate  a  polling 
place,  and  appoint  one  inspector,  one  judge  and  one  clerk  for  each  such 
precinct.  In  all  particulars  not  recited  in  such  ordinance  or  resolution, 
such  election  shall  be  held  as  provided  by  law  for  holding  general  elec- 
tions in  such  county.  Said  ordinance  or  resolution  ordering  the  holding 
of  said  election  shall,  prior  to  the  date  set  for  such  election,  be  pub- 
lished five  times  in  a  daily,  or  twice  in  a  weekly  or  semi-weekly  news- 
paper of  general  circulation  printed  and  published  in  said  county  and 
designated  by  said  board  of  supervisors  for  said  purpose,  and  shall  be 
posted  in  three  of  the  most  public  places  in  said  county  irrigation  dis- 
trict at  least  ten  davs  prior  to  the  date  set  for  such  election.  No  other 
notice  of  such  election  need  be  given.  If  at  such  election  a  majority  of 
the  votes  cast  are  in  favor  of  the  formation  of  such  district  and  the 
incurring  of  such  bonded  indebtedness,  then  the  board  of  suitervisors 
shall  enter  an  order  to  that  effect  upon  its  minutes,  declaring  said  dis- 
trict formed,  and  said  board  shall  thereupon  be  authorized  and  em- 
powered to  issue  the  bonds  of  said  district  for  the  amount  provided  for 
in  such  proceedings,  payable  out  of  funds  of  such  district  to  be  provided 
as  in  this  act  prescribed. 


Actl732fJ§7-9  GENERAL   LAWS.  1354 

Form  of  bonds,  coupons,  etc.  Date  of  maturity.  Denominations. 
Validity  of  signatures. 
§  7.  The  board  of  supervisors,  by  an  order  entered  upon  its  minutes, 
shall,  subject  to  the  provisions  of  this  act,  prescribe  the  form  of  said 
bonds  and  of  the  interest  coupons  attached  thereto.  Said  bonds  shall 
be  payable  in  the  following  manner:  a  part  to  be  determined  by  said 
board,  and  which  shall  not  be  less  than  one'-fortieth  part  of  the  whole 
amount  of  sucTi  indebtedness,  shall  be  payable  each  and  every  year  on 
a  day  and  date,  and  at  a  pla&e,  to  be  fixed  by  said  board,  and  desig- 
nated in  such  bonds,  together  with  the  interest  on  all  sums  unpaid  on 
such  date,  until  the  whole  of  said  indebtedness  shall  have  been  paid; 
provided,  however,  that  the  board  of  supervisors  may,  in  its  discretion, 
determine  and  fix  a  date  for  the  earliest  maturity  of  the  principal  of 
such  bonds  not  more  than  ten  years  from  the  date  of  the  issue  of  such 
bonds,  but,  in  this  event,  the  whole  amount  of  such  indebtedness  must 
be  made  payable  in  equal  annual  parts  in  not  to  exceed  forty  years  from 
the  time  of  contracting  the  same.  The  bonds  shall  be  issued  in  such 
denominations  as  the  board  of  supervisors  may  determine,  except  that  no 
bonds  shall  be  of  a  less  denomination  than  one  hundred  dollars,  nor  of 
a  greater  denomination  than  one  thousand  dollars,  and  shall  be  payable 
on  the  day  and  at  the  place  fixed  in  such  bonds  and  with  interest  at  the 
rate  specified  in  such  bonds,  which  rate  shall  not  be  in  excess  of  eight 
per  cent  per  annum  and  shall  be  payable  semi-annually,  and  said  bonds 
shall  be  signed  by  the  chairman  of  the  board  of  supervisors  and  counter- 
signed bj"^  the  auditor  of  said  county,  and  the  seal  of  said  county  shall 
be  affixed  thereto.  The  interest  coupons  of  said  bonds  shall  be  numbered 
consecutively  and  signed  by  the  auditor  of  said  county  by  his  engraved 
or  lithographed  signature.  In  case  any  such  officers  whose  signatures  or 
counter-signatures  appear  on  the  bonds  or  coupons  shall  cease  to  be  such 
officer  before  the  delivery  of  such  bonds  to  the  purchaser,  such  signa- 
ture or  counter-signature  shall,  nevertheless,  be  valid  and  sufficient  for 
all  purposes,  the  same  as  if  such  officer  had  remained  in  office  until  the 
delivery  of  the  bonds. 

Saje  and  disposition  of  proceeds. 

§  8.  The  board  of  supervisors  may  issue  and  sell  the  bonds  of  such 
district,  authorized  as  hereinabove  provided,  at  not  less  than  par  value, 
and  the  proceeds  of  the  sale  of  such  bonds  shall  be  placed  in  the  county 
treasury  to  the  credit  of  the  proper  county  irrigation  district  fund  ajid 
shall  be  applied  exclusively  to  the  purposes  and  objects  mentioned  in 
the  ordinance  or  resolution  ordering  the  holding  of  the  bond  election, 
as  aforesaid. 

Tax  to  pay  interest  and  principal, 

§  9.  The  board  of  supervisors  shall  levy  a  tax,  each  year,  upon  the 
taxable  property  in  such  county  irrigation  district,  sufficient  to  pay  the 
interest  on  said  bonds  for  that  year,  and  such  portion  of  the  principal 
thereof  as  is  to  become  due  before  the  time  for  making  the  next  general 


1355  IRRIGATION.  Act  1732f,  §§  10, 11 

tax  levy;  provided,  however,  that  if  the  maturity  of  the  indebtedness 
created  by  the  issue  of  such  bonds  be  made  to  begin  more  than  one  year 
after  the  date  of  such  issue,  such  tax  shall  be  levied  and  collected  at 
the  time  and  in  the  manner  aforesaid  each  year,  sufficient  to  jiay  the 
interest  on  such  indebtedness  as  it  falls  due,  and  also  to  constitute  a 
sinking  fund  for  the  payment  of  the  principal  thereof  on  or  before 
maturity.  Such  tax  shall  be  levied  and  collected  at  the  time  and  in  the 
same  mariner  as  the  general  tax  levy  for  county  purposes,  and  when 
collected  shall  be  paid  into  the  county  treasury  and  be  used  for  the 
payment  of  the  principal  and  interest  on  said  bonds,  and  for  no  other 
purpose.  The  principal  and  interest  on  said  bonds  shall  be  paid  by  the 
county  treasurer  in  the  manner  provided  by  law  for  the  payment  of 
principal  and  interest  on  bonds  of  such  county. 

Tax  for  maintenance  of  district. 

§  10.  The  board  of  supervisors  of  any  county  wherein  a  county  irri- 
gation district  has  been  formed  under  the  provisions  of  this  act,  shall 
have  the  power,  in  any  year  after  the  establishment  of  such  district, 
to  levy  a  tax  upon  the  taxable  property  in  such  district  sufficient  to 
pay  the  cost  and  expenses  of  maintaining,  operating,  extending  and  re- 
pairing the  waterworks  of  said  district  for  the  ensuing  fiscal  year,  and 
said  tax  shall  be  levied  and  collected  at  the  time  and  in  the  same  manner 
as  the  general  tax  levy  for  county  purposes,  and  the  revenue  derived 
from  said  tax  shall  be  paid  into  ithe  county  treasury  to  the  credit  of 
the  proper  fund  of  said  district,  and  said  board  shall  have  the  power  to 
control  and  order  the  expenditure  thereof  for  said  purpose. 

Contracts  to  lowest  bidder.  Power  to  make  improvements.  Improve- 
ments along  public  roads. 
§  11.  All  contracts  for  furnishing  the  labor,  materials  or  supplies  re- 
quired for  any  improvement  mentioned  in  this  act,  shall  be  let  to  the  low- 
est responsible  bidder.  The  board  of  supervisors  of  the  county  shall  adver- 
tise for  two  or  more  days  in  a  newspaper  of  general  circulation,  printed 
and  published  in  such  county,  inviting  sealed  proposals  for  furnishing  tlie 
labor,  materials  and  supplies  for  the  proposed  improvement  before  any 
contract  shall  be  made  therefor.  The  board  shall  have  the  right  to  re- 
quire such  bonds  as  it  may  deem  best  from  the  successful  bidder,  to 
insure  the  faithful  performance  of  the  contract,  and  shall  also  have  the 
right  to  reject  any  and  all  bids;  provided,  however,  that  nothing  herein 
contained  shall  be  construed  as  prohibiting  such  county  itself,  and.  when 
ordered  by  the  board  of  supervisors  thereof,  it  shall  have  power  to 
make  the  "proposed  improvement  without  a  contractor  therefor,  and  to 
purchase  the  materials  and  supplies,  and  employ  the  labor  necessary  for 
such  purpose;  and  provided,  further,  that  any  improvement  for  which 
bonds  are  voted  under  the  provisions  of  this  act,  shall  be  made  in  eon- 
formity  with  the  plans  and  specifications  thereof  provided  for  in  «ortion  2 
hereof'  Anv  improvement  provided  for  in  this  act  may  be  locnfed, 
constructed  and  maintained  in,  along  or  across  any  public  road  or  high- 


Act  1732f,  §§  12-14  GENERAL   LAWS.  1356 

way  in  the  county,  in  such  manner  as  to  afford  security  for  life  and 
property;  but  the  board  of  supervisors  of  the  county  shall  restore,  or 
cause  to  be  restored,  such  road  or  highway  to  its  former  state,  as  near 
as  may  be,  or  in  a  sufficient  manner  not  to  have  impaired  unnecessarily 
its  usefulness. 

Rules  of  administration  for  district.     Engineers. 

§  12.  The  board  of  supervisors  of  any  county  wherein  any  such 
county  irrigation  district  is  situated,  shall  have  power  to  make  and 
enforce  all  rules  and  regulations  necessary  for  the  administration  and 
government  of  such  district,  and  for  the  use  and  operation  of  the  water- 
works thereof;  to  appoint  or  employ  all  needful  agents,  superintendents 
and  engineers  to  properly  look  after  the  performance  of  any  work  pro- 
vided for  in  this  act;  and  to  perform  all  other  acts  necessary  or  proper 
to  accomplish  the  purposes  of  this  act. 

Title  in  county.     In  case  of  annexation  to  city. 

§  13.  The  title  to  all  property  which  may  have  been  acquired  for  a 
county  irrigation  district,  created  under  the  provisions  of  this  act,  shall 
be  vested  in  the  county  wherein  such  county  irrigation  district  is 
located;  provided,  that  whenever  all  of  the  territory  in  such  county 
irrigation  district  shall  be  annexed  to,  or  otherwise  included  within, 
any  municipal  corporation  owning  works  for  supplying  the  inhabitants 
thereof  with  water,  then  such  county  irrigation  district  shall  be  deemed 
dissolved  and  such  property  shall  thereupon  become  the  property  of  such 
municipal  corporation  and  shall  become  a  part  of,  and  be  used  in  con- 
nection with,  such  waterworks;  and  such  municipal  corporation  and  the 
proper  officers  thereof  shall,  as  to  such  property,  and  as  to  the  levy  and 
collection  of  taxes  to  meet  the  payments  of  principal  and  interest  on 
outstanding  bonds  of  such  district,  have  and  exercise  the  powers  and 
perform  the  duties  vested  in  and  imposed  upon  the  said  county,  and  the 
board  of  supervisors  and  other  officers  thereof,  prior  to  such  annexation 
or  inclusion.  All  money  in  the  county  treasury  to  the  credit  of  any 
fund  of  such  county  irrigation  district  shall,  upon  the  annexation  or 
inclusion  of  such  territory,  as  above  provided,  be  forthwith  transferred 
to  the  treasury  of  said  municipal  corporation  and  be  used  for  the  pur- 
poses for  which  the  same  was  available  prior  to  such  transfer  and  none 
other. 

Method  of  dissolution.     Outstanding  bonds. 

§  14.  Any  such  county  irrigation  district  may,  except  as  otherwise 
provided  in  this  act,  be  dissolved  by  the  board  of  supervisors  as  herein- 
after provided.  Upon  receiving  a  petition  signed  by  fifty  or  more  free- 
holders and  residents  of  such  county  irrigation  district,  requesting  the 
dissolution  of  such  district,  the  board  of  supervisors  shall  fix  a  time  for 
hearing  such  petition,  which  shall  be  not  less  than  ten  nor  more  than 
thirty  days  after  the  receipt  of  such  petition,  and  shall,  at  least  five 
days*  prior  to  the  time  so  fixed,  publish  notice   of  such   hearing  by  one 


1357  JUTE  GOODS.  Act  1763,  §  1 

insertion  in  a  daily,  weekly  or  semi-weekly  newspaper  printed,  pub- 
lished and  circulated  in  said  county.  At  the  time  appointed  for  such 
hearing,  or  at  any  time  to  which  the  same  may  be  adjourned,  the  board 
of  supervisors  shall  hear  and  pass  upon  such  petition  and  may  grant 
or  deny  the  same,  and  its  decision  thereon  shall  be  final  and  conclu- 
sive. If  such  petition  be  granted  the  board  of  supervisors  shall,  by 
ordinance  or  resolution,  order  the  dissolution  of  said  district,  and  such 
district,  shall  thereby  be  dissolved;  provided,  that  if  at  the  time  of 
the  dissolution  of  said  district  there  be  any  outstanding  bonded  or  other 
indebtedness  of  such  district,  then  taxes  for  the  payment  of  such  bonded 
or  other  indebtedness  shall  be  levied  and  collected  the  same  as  if  such 
district  had  not  been  dissolved. 

Alternative  method  provided. 

§  15,  This  act  shall  not  affect  any  other  act  or  acts  relating  to  the 
same  or  a  similar  subject,  but  is  intended  to  provide  an  alternative 
method  of  procedure  governing  the  subject  to  which  it  relates.  When 
proceeding  under  the  provisions  of  this  act  its  provisions  and  none  other 
shall  apply. 

§  16.  The  provisions  of  this  act  shall  be  liberally  construed  to  effect 
the  purposes  thereof. 

TITLE  248. 

JUTE  GOODS. 
ACT  1763. 

Apjiropriation  for  the   establishment  of  a  permanent  fund  for  the  pur- 
chase of  jute  to  be  manufactured  at  the  state  prison  at  San  Quentin. 
[Stats.  1885,  p.  53.] 
Amended   1889,   p.   228;    1907,   p.   169;    1911,   pp.   73,   486. 

The  amendment  of  1911  is  as  follows: 

Appropriation:   Purchase  of  jute.     "Revolving  fund." 

§  1.  The  sum  of  two  hundred  thousand  dollars  is  hereby  appropriated 
out  of  any  money  in  the  state  treasury  not  otherwise  apjiropriatcd,  to 
provide  and  maintain  a  permanent  revolving  fund  for  tlie  purchase  of 
jute  for  the  state  prisons.  All  moneys  taken  therefrom  to  be  used  ex- 
clusively in  payment  for  jute  to  be  used  in  manufacturing  in  said  state 
prisons;  and  so  much  of  the  money  received  from  the  sale  of  any  goods 
manufactured  from  said  jute  shall  be  returned  to  the  said  revolving  fund, 
so  that  the  fund  shall  contain  two  hundred  thousand  dollars  before  any 
of  the  proceeds  from  the  sale  of  said  manufactured  goods  are  uHcd  for 
any  other  purpose  than  the  purchase  of  jute.  Whenever  said  "revolving 
fund"  shall  be  replenished  and  there  shall  be  a  surplus,  or  balanco.  ovt-r 
the  amount  appropriated,  such  surplus,  or  balance,  shall  be  paid  not  less 
frequently  than  semi-annually,  into  the  state  treasury  to  the  credit  of  tho 
fund  to  be  known  as  "the  prison  fund  of  San  Quentin   prison"   (which 


Acts  1765, 1768a      general  laws,  1358 

"fund"  is  hereby  created),  for  the  use  and  support  of  San  Quentin  prison 
and  of  the  trades  and  industries  conducted  therein.  [Amendment  ap- 
proved February  23,  1911;  Stats.  1911,  p.  73.] 

§  2.     This  act  shall  take  effect  immediately. 

There  was  another  amendment  of  the  same  section  at  the  same  session 
of  the  legislature  as  follows: 

Appropriation:  Revolving  fund,  San  Quentin. 

§  1.  The  sum  of  two  hundred  thousand  dollars  is  hereby  appropriated 
out  of  any  money  in  the  state  treasury  not  otherwise  appropriated,  to 
provide  and  maintain  a  permanent  revolving  fund  for  the  purchase  of 
jute  for  the  state  prison.  All  moneys  taken  therefrom  to  be  used  ex- 
clusively in  payment  for  jute  to  be  used  in  manufacturing  in  said  state 
prison;  and  so  much  of  the  money  received  from  the  sale  of  any  goods 
manufactured  from  said  jute  shall  be  returned  to  the  said  revolving 
fund,  so  that  the  fund  shall  contain  two  hundred  thousand  dollars  before 
any  of  the  proceeds  from  the  sale  of  said  manufactured  goods  are  used 
for  any  other  purpose  than  the  purchase  of  jute.  Whenever  said  "re- 
volving fund"  shall  be  replenished  and  there  shall  be  a  surplus  or  balance 
over  the  amount  appropriated,  such  surplus  or  balance  shall  be  paid,  not 
less  frequently  than  semi-annualh',  into  the  state  treasury  to  the  credit 
of  the  fund  to  be  known  as  "the  prison  fund  of  San  Quentin  prison" 
(which  "fund"  is  hereby  created),  for  the  use  and  support  of  San  Quen- 
tin prison  and  of  the  trades  and  industries  conducted  therein.  [Amend- 
ment approved  March  24,  1911;  Stats.  1911,  p.  486.] 

ACT  1765. 

An  act  authorizing  the  state  board  of  prison  directors  to  fix  the  price, 
terms  and  conditions  of  sale  at  which  jute  bags  should  be  sold  for 
the  state,  providing  for  the  prosecution  and  punishment  for  offenses 
under  the  same.  [Approved  March  10,  1909.  Stats.  1909,  p.  280.] 
Repealed.      Stats.   1913,  p.   1012.      See  post,   Act   1768a. 

ACT  1768a. 

An  act  fixing  the  price,  terms  and  conditions  of  sale  at  which  jute  goods 

shall   be   sold   by   the   state,   and   providing   for   prosecution   of   aJid 

punishment  for  offenses  under  the  same. 

[Approved   June   16,   1913.     Stats.    1913,   p.    1011.] 

Fixing  price  of  jute  goods.     Trademark. 

§  1.  It  shall  be  the  duty  of  the  state  board  of  prison  directors 
annually  not  later  than  the  thirty-first  day  of  January,  of  each  year, 
to  fix  the  price  and  to  give  public  notice  of  the  same,  at  which  jute 
goods  shall  be  sold  by  the  state.  And  it  shall  be  the  duty  of  the  said 
board   of  prison   directors,  and   they   are   hereby   authorized   to   adopt   a 


1359  JUTE  GOODS.  Act  176Sa,  §§  2-4 

trademark  and  file  with  the  secretary  of  state  their  claim  for  the  same, 
and  procure  a  certificate  thereof,  under  the  provisions  of  article  3, 
chapter  7,  title  7,  of  the  Political  Code  of  the  state  of  California;  and 
it  shall  be  the  duty  of  the  board  of  prison  directors  to  print,  stencil 
or  stamp  on  each  and  every  bag  manufactured  by  the  state,  said  trade- 
mark. 

Rules  governing  sales. 

§  2.  The  state  board  of  prison  directors  shall  prescribe  the  rules  and 
conditions  on  which  the  said  goods  shall  be  sold,  and  until  the  fifteenth 
day  of  May  of  each  year  shall  sell  the  same  only  to  consumers  of  bags, 
but  no  order  before  said  date  for  any  one  consumer  shall  be  valid  for 
more  than  ten  thousand  grain  bags.  If  any  bags  remain  unsold  after 
the  fifteenth  day  of  May  each  year,  the  state  board  of  prison  directors 
may  sell  the  same,  at  the  price  already  fixed  by  the  state  board  of 
prison  directors  to  consumers  and  in  such  quantities  and  under  sucli  rules 
and  iipon  such  conditions  as  they  may  deem  best  for  the  interest  of 
the  state,  up  to  the  fifteenth  day  of  October  of  each  year.  It  shall  be 
an  express  condition  of  each  and  everj^  sale  made  by  the  state  board 
of  prison  directors,  to  which  the  purchaser  shall  agree  in  writing  that 
he  will  under  no  circumstances  sell  or  offer  for  sale  any  such  goods  or 
bags  at  a  greater  price  than  that  fixed  as  in  this  act  provided.  Any 
person  or  persons,  company  or  corporation  violating  the  provisions  of 
this  section  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  convic- 
tion thereof  shall  be  fined  not  less  than  two  hundred  and  fifty  dollars 
and  not  more  than  one  thousand  dollars;  or  shall  be  imprisoned  in  the 
county  jail  not  less  than  ninety  days  nor  more  than  one  year. 

Orders  for  goods. 

§  3.  All  orders  for  jute  goods  filed  with  the  board  of  prison  directors 
prior  to  the  fifteenth  day  of  May  of  each  year,  must  be  accompanied  by 
an  afiidavit  setting  forth  the  name,  residence,  postofRce  address  and 
occupation  of  the  applicant;  that  the  amount  of  goods  contained  in  the 
order  is  for  the  applicant's  individual  and  personal  use,  and  that  he 
has  not  contracted  for  or  agreed  to  contract  for  the  sale  of  any  portion 
thereof  to  any  person  or  persons  whatsoever.  Said  afiidavit  to  bo  sub- 
scribed and  sworn  to  before  a  notary  public,  or  justice  of  the  peaeo 
residing  in  the  township  in  which  the  applicant  resides;  provided,  that 
any  applicant  who  shall  falsely  and  fraudulently  procure  jute .  bugs 
under  the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor  and 
on  conviction  thereof  shall  be  fined  not  less  than  two  hundred  dbllars. 

Record  of  goods  manufactured  and  sold. 

§  4.  It  shall  be  the  dutv  of  the  board  of  prison  directors  to  Ueep  a 
book  for  public  inspection  in  which  shall  be  entered  the  total  numl,.«r  of 
iute  bags  or  iute  goods  manufactured  each  year;  and  also  the  name  of 
each  purchaser,  his  postoffice  address,  his  business  occnpnt urn,  Iho  num- 
ber of  jute  bags  or  jute  goods  by   him   purchased,  and   the   i.n.-e   paid 


Acts  1769, 1770       general  laws.  1360 

therefor,  the  date  of  sale  and  shipment,  and  the  part  or  place  to  which 
the  shipment  is  made.  ^ 

Repealed. 

§  5.  The  act  entitled  "An  act  authorizing  the  state  board  of  prison 
directors  to  fix  the  price,  terms  and  conditions  of  sale  at  which  jute  bags 
should  be  sold  for  the  state,  providing  for  the  prosecution  and  punish- 
ment for  offenses  under  the  same,"  approved  March  10,  1909,  and  all 
other  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

TITLE  249.. 

JUVENILE  COURT. 
ACT  1769. 

Defining  and  providing  for  the  control,  protection,  and  treatment  of  de- 
pendent and  delinquent  children;  prescribing  the  powers  and  duties 
of  courts  with  respect  thereto;  providing  for  the  appointment  of  pro- 
bation officers,  and  prescribing  their  duties  and  powers;  providing 
for  the  separation  of  children  from  adults  when  confined  in  jails  or 
other  institutions;  providing  for  the  appointment  of  boards  to  in- 
vestigate the  qualifications  of  organizations  receiving  children  under 
this  act,  and  prescribing  the  duties  of  such  boards;  and  providing 
when  proceedings  under  this  act  shall  be  admissible  in  evidence. 
[Approved  February  26,  1903.     Stats.  1903,  p.  44.] 

Amended   1905,   p.   806;    1907,   p.    777.     Repealed  1909,   pp.   213,   226;    1911, 
pp.    673,    674;    1913,    p.    1305. 
See  post,  Act.   1770. 

ACT  1770. 

An  act  concerning  neglected,  dependent  and  delinquent  persons,  provid- 
ing for  their  care,  custody  and  maintenance  until  twenty-one  years  of 
age;  providing  for  their  commitment  to  the  \\Tiittier  State  School 
and  the  Preston  School  of  Industry,  and  the  manner  of  such  com- 
mitment and  release  therefrom;  establishing  a  probation  committee 
and  probation  officers  to  deal  with  such  persons;  fixing  the  salaries 
of  probation  officers;  providing  for  detention  homes  for  said  per- 
sons; providing  for  the  punishment  of  those  responsible  for,  or  con- 
tributing to,  the  neglect,  dependency  or  delinquency  of  said  persons; 
and  giving  to  the  superior  court  jurisdiction  of  such  offenses,  and 
repealing  inconsistent  acts. 

[Approved  March  8,  1909.     Stats.  1909,  p.  213.] 
Amended  1911,  pp.   63,   658.      It  was  entirely   amended  in   1913    (Stats.   1913, 
p.    1285).      See  below. 

The  original  act  was  adopted  March  8,  1909  (Stats.  1909,  p.  213).  Its  title 
then  read  as  follows:  An  act  concerning  dependent  and  delinquent  minor  chil- 
dren, providing  for  their  care,  custody  and  maintenance  until  twenty-one  years 
of   age;    providing   for   their   commitment   to    the   Whittier    State    School    and   the 


1361  JUVENILE  COURT.     Act  1770,  §§  l-2a 

Preston  State  School  of  Industry,  and  the  manner  of  such  commitment  and 
release  therefrom,  establishing  a  probation  committee  and  probation  officers  to 
deal  with  such  children,  and  fixing  the  salaries  of  probation  officers;  provid- 
ing for  detention  homes  for  said  children;  providing  for  the  punishment  of 
persons  responsible  for,  or  contributing  to,  the  dependency  or  delinquency  of 
children;  and  giving  to  the  superior  court  jurisdiction  of  such  offenses,  and  re- 
pealing inconsistent  acts. 

The  title  was  changed  to  read  as  above  June  16,  1913    (Stats.  1913,  p.  1285). 

Short  title. 

§  1.  This  act  shall  be  known  as  the  "juvenile  court  law"  and  shall 
apply  only  to  persons  under  the  age  of  twenty-one  years  and  not  now 
or  hereafter  inmates  of  a  state  institution. 

"Neglected  person"  defined. 

§  2.  With'in  the  meaning  of  this  act  the  words  "neglected  person" 
shall  include  any  person: 

(1)  Whose  home  by  reason  of  neglect,  cruelty  or  depravity  of  his 
parents  or  either  of  them,  or  on  the  part  of  his  guardian,  or  on  the  part 
of  the  person  in  whose  care  or  custody  he  may  be,  is  an  unfit  place  for 
such  person;  or 

(2)  Whose  father  is  dead  or  has  abandoned  his  family  or  is  an  hab- 
itual drunkard,  and  it  appears  that  such  person  is  destitute  of  a  suitable 
home,  or  of  adequate  means  of  obtaining  an  honest  living,  and  is  in  dan- 
ger of  being  brought  up  to  lead  an  idle  and  dissolute,  or  immoral  life;  or 

(3)  Who  has  not  the  proper  care  and  discipline  essential  to  the  welfare 
of  such  person,  and  who  is  without  parent  or  guardian  able  or  willing 
to  give  such  care  and  enforce  such  discipline;  or 

(4)  Who,  being  under  the  age  of  sixteen  years,  is  found  wandering 
and  not  having  any  home  or  settled  place  of  abode,  or  any  visible  means 
of  subsistence;  or 

(5)  Who,  being  under  the  age  of  fifteen  years,  is  in  a  condition  of 
extreme  want,  and  is  without  parent  or  other  person  able  and  willing  to 
maintain  such  person;   or 

(6)  Who,  being  under  the  age  of  fifteen  years,  is  found  begging,  or 
receiving  or  gathering  alms  in  any  street,  road  or  public  place,  or  wlio 
is  there  for  the  purpose  of  so  doing,  whether  actually  begging  or  doing 
so  under  pretext  of  peddling,  or  selling  any  article  or  articles,  or  sing- 
ing or  playing  any  musical  instrument,  or  giving  any  public  entertain- 
ment  in  such  street,  road  or  public  place,  or  who  accompanies  or  is  used 
in  aid  of  any  person  so  doing. 

Neglected  person.    Who  not  regarded  as. 

§  2a.     It  is  hereby  provided   that  no  person  shall  be  dealt  with  nnd'T 
this  act  as  a  neglected  person  who  properly  can  be  dealt  with  und-r  any 
other  law  of  the  state  of  California  now  or  hereafter  in  force  providing 
for  the  placing,  care  and  custody  of  neglected  persons. 
86 


Act  1770,  §§  3-5  GENERAL   LAWS.  1362 

"Dependent  persons"  defined. 

§  3.  Wtliin  the  meaning  of  this  act  the  words  "dependent  person"  shall 
include  any  person: 

(1)  Who  has  no  parent  or  guardian  willing  to  exercise,  or  capable  of 
exercising  proper  parental  control,  and  for  the  want  of  such  proper 
parental  control  such  person  is  waj-ward  and  addicted  to  vicious  habits, 
and  is  in  danger  of  being  brought  up  to  lead  an  idle  and  dissolute,  or 
immoral  lifej  or 

(2)  Who  knowingly  associates  with  thieves  or  other  vicious  or  immoral 
persons;  or 

(3)  Who  is  found  living  or  being  in  any  house  of  prostitution  or  as- 
signation, knowing  at  the  time  that  such  house  is  a  house  of  prostitution 
or  assignation;  or 

(4)  Who  habitually  visits,  without  parent  or  guardian,  any  billiard- 
room  or  poolroom,  or  any  saloon,  or  place  where  any  spirituous,  vinous 
or  malt  liquors  are  sold,  bartered  or  given  away;   or 

(5)  Who  is  incorrigible,  that  is,  who  is  beyond  the  control  and  power 
of  his  parents,  guardian  or  custodian  by  reason  of  the  vicious  conduct 
or  nature  of  said  person;  or 

(6)  Who  is  an  habitual  truant  within  the  meaning  of  an  act  entitled 
"An  act  to  enforce  the  educational  rights  of  children  and  providing  penal- 
ties for  the  violation  of  said  act,"  approved  March  24,  1903,  and  any  act 
or  acts  amending  or  superseding  the  same,  and  who  is  not  placed  in  a 
parental  school  under  the  provisions  of  said  act,  or  who  being  over  the 
age  of  fifteen  years  refuses  to  attend  public  or  private  school  as  directed 
by  his  parents,  guardian  or  custodian;  or 

(7)  Who  habitually  uses  intoxicating  liquor  as  a  beverage;  or,  who 
habitually  smokes  cigarettes;  or,  who  habitually  uses  opium,  cocaine, 
morphine  or  other  similar  drug,  without  the  direction  of  a  competent 
ph^^sician;   or 

(8)  Who  from  any  cause  of  personal  depravity  is  in  danger  of  grow- 
ing up  to  lead  an  idle  and  dissolute,  or  immoral  life. 

"Delinquent  person  defined." 

§  4.  Within  the  meaning  of  this  act  the  word  "delinquent  person" 
shall  include  any  person  who  violates  any  law  of  this  state,  or  any  ordi- 
nance of  any  town,  city,  county  or  city  and  county  of  this  state,  defining 
crime,  and  which  involves  jnoral  turpitude. 

Jurisdiction  In  superior  court.  Judge  not  to  serve  more  than  three  years. 
Juvenile  court  record. 
§  5.  The  superior  court  in  every  county  of  this  state  shall  exercise 
the  jurisdiction  conferred  by  this  act,  and,  while  sitting  in  the  exercise 
of  its  jurisdiction,  shall  be  known  and  referred  to  as  the  "juvenile  court," 
and  is  hereinafter  so  referred  to.  In  counties  having  more  than  one 
judge  of  the  superior  court,  the  judges  of  such  court  shall  annually 
designate   one   or  more  of  their  number  whose  duty  it  shall  be  to   hear 


1363  JUVENILE  COURT.     Act  1770,  §§  6, 7 

all  cases  coming  under  this  act;  provided,  that  nc  judge  shall  be  desig- 
nated to  serve  in  such  capacity  for  less  than  one  year;  and  that  no  judge 
shall  be  designated  to  serve  in  such  capacity  who  has  already  or  shall 
hereafter  have  served  for  three  consecutive  years,  until  an  interval  of 
one  year  has  elapsed;  provided,  however,  that  nothing  in  this  section  con- 
tained shall  be  construed  in  conflict  with  that  portion  of  article  6,  sec- 
tion 6,  of  the  constitution  of  the  state  of  California,  applying  to  the  city 
and  county  of  San  Francisco.  The  orders  and  findings,^  if  any,  of  the 
superior  court,  in  all  cases  coming  under  the  provisions  of  this  act,  shall 
be  entered  in  a  book  to  be  kept  for  that  purpose  and  known  as  the  "ju- 
venile court  record,"  and  the  court  when  acting  under  this  act  shall 
be  called  the  "juvenile  court."  All  cases  coming  under  the  provisions 
of  this  act  shall  be  heard  at  a  special  or  separate  session  of  the  court, 
and  no  other  matter  shall  be  heard  at  such  session,  nor  shall  there  bo 
permitted  to  be  present  at  such  session  any  person  on  trial,  or  awaiting 
trial,  or  under  accusation  of  crime,  who  does  not  come  under  the  provi- 
sions of  this  act. 

WTio  may  file  petition. 

§  6.  Any  person  may  file  with  the  clerk  of  the  superior  court  a  peti- 
tion showing  that  there  is  within  the  county,  or  residing  therein  a  neg- 
lected, dependent  or  delinquent  person,  and  praying  that  the  superior 
court  deal  with  such  person  as  provided  in  this  act.  Such  petition  shall 
be  verified  and  shall  contain  a  statement  of  facts  constituting  such  neg- 
lect, dependency  or  delinquency,  as  defined  in  this  act,  and  the  names 
and  residence  if  known  to  the  petitioner,  of  the  parents  or  guardian  of 
said  neglected,  dependent  or  delinquent  person.  There  shall  be  no  fee 
for  filing  such  petition. 

Citation.  Service.  Parents  notified.  Failure  to  appear.  Warrant  of 
arrest.  Hearing. 
.§  7.  Upon  the  filing  of  the  petition  provided  for  in  section  6  hereof, 
a  citation  shall  issue,  requiring  the  person  or  persons  having  the  custody 
or  control  of  the  alleged  neglected,  dependent  or  delinquent  person,  or 
with  whom  such  alleged  neglected,  dependent  or  delinquent  person  may 
be,  to  appear  with  said  alleged  neglected,  dependent  or  delinquent  per- 
son at  a  time  and  place  stated  in  the  citation.  Service  of  such  citation 
must  be  made  at  least  twenty-four  hours  before  the  time  stated  therein 
for  such  appearance.  The  parents  or  guardians  of  said  alleged  neglected, 
dependent  or  delinquent  person,  if  residing  within  the  county  in  whidi 
the  court  sits,  and  if  their  places  of  residence  be  known  to  the  |u'titioner, 
or  if  there  be  neither  parent  nor  guardian  so  residing,  or  if  Iheir  |)luc(»s 
of  residence  be  not  known  to  the  petitioner,  then  some  relative  of  sum! 
alleged  neglected,  dependent  or  delinquent  person,  if  any  there  be  roHid- 
ing  within  said  county,  and  if  his  residence  and  relationship  to  Huch 
alleged  neglected,  dependent  or  delinquent  person  be  known  to  petitioner, 
shall  be  notified  of  the  proceedings  by  service  of  citation  rcquinng  hiiu 


Act  1770,  §  8  GENERAL   LAWS.  1364 

or  them  to  appear  at  the  time  and  place  stated  in  such  citation.  In  any 
case  the  judge  may  appoint  some  suitable  person  to  act  in  behalf  of  said 
alleged  neglected,  dependent  or  delinquent  person,  and  may  order  such 
further  notice  of  the  proceedings  to  be  given  as  he  may  deem  proper.  If 
any  person,  cited  as  herein  provided,  shall  fail,  without  reasonable  cause, 
to  appear  and  abide  by  the  order  of  the  court,  or  to  bring  said  alleged 
neglected,  dependent  or  delinquent  person,  if  so  required  in  the  citation, 
such  failure  shall  constitute  a  contempt  of  said  court  and  may  be  pun- 
ished as  provided  for  in  other  cases  of  contempt  of  court.  In  case  such 
citation  cannot  be  served  or  the  party  served  fails  to  obey  the  same,  and 
in  any  case  in  which  it  shall  be  made  to  appear  to  the  court  that  such 
citation  will  probably  be  ineffective,  a  warrant  of  arrest  shall  issue  on 
the  order  of  the  court,  either  against  the  parent  or  guardian,  or  the  per- 
son having  the  custody  of  said  alleged  neglected,  dependent  or  delin- 
quent person,  or  with  whom  the  said  alleged  neglected,  dependent  or 
delinquent  person  may  be,  or  against  the  said  alleged  neglected,  depend- 
ent or  delinquent  person  himself,  or  any  or  all  said  persons;  or  if  there 
be  no  person  to  be  served  with  citation  as  above  provided,  a  warrant  of 
arrest  may  be  issued  against  the  said  alleged  neglected,  dependent  or 
delinquent  person  immediately.  On  the  return  of  the  citation  or  other 
process,  or  as  soon  thereafter  as  may  be,  the  court  shall  proceed  to  hear 
and  dispose  of  the  case  in  a  summary  manner.  Until  the  final  disposi- 
tion of  any  case,  the  said  alleged  neglected,  dependent  or  delinquent 
person  may  be  retained  in  the  possession  of  the  person  having  charge  of 
said  person,  or  may  be  kept,  upon  the  order  of  the  court,  in  some  suitable 
place,  provided  by  the  county,  or  may  be  held  otherwise  as  the  court 
may  direct. 

Care  of  neglected  persons.  Commitment  of  dependent  or  delinquent  per- 
sons. Retiim  of  incorrigibles  to  court.  Change  of  orders. 
§  8.  When  any  alleged  neglected  person  under  the  age  of  twenty-one 
years  shall  be  found  by  said  court  or  judge  to  be  a  neglected  person 
within  the  meaning  of  this  act,  the  court  shall  make  such  order  or  orders 
as  may  be  necessary  for  the  care  of  said  neglected  person;  provided,  how- 
ever, that  no  such  neglected  person  shall  be  placed  in  the  care  of  any 
family  home,  association,  society,  corporation,  school  or  institution,  where 
there  are  dependent  or  delinquent  persons.  When  any  alleged  dependent 
or  delinquent  person  under  the  age  of  twenty-one  years  shall  be  found 
by  said  court  or  judge  to  be  dependent  or  delinquent,  within  the  mean- 
ing of  this  act,  the  court  may  make  an  order  committing  said  dependent 
or  delinquent  person,  for  such  time  as  the  court  may  deem  fit  but  not 
beyond  the  time  when  such  dependent  or  delinquent  person  shall  reach 
the  age  of  twenty-one  years,  to  the  home  and  care  of  some  reputable 
person  of  good  moral  character,  or  to  the  care  of  some  association,  society 
or  corporation  willing  to  receive  him,  embracing  in  its  objects  the  pur- 
pose of  caring  for  or  obtaining  homes  for  dependent  or  delinquent  chil- 
dren, or  to  the  care  of  the  probation  officer,  or  other  person,  said  depend- 


1365  JUVENILE  COURT.        Act  1770,  §  9 

ent  or  delinquent  person  to  remain  in  his  or  her  home,  or  in  any  other 
home  approved  by  the  court;  or  the  court  may,  if  said  dependent  or 
delinquent  person  be  a  boy  of  at  least  sixteen  years  of  age  commit  him 
to  the  Preston  School  of  Industry,  or  if  under  sixteen  years  of  age  to 
the  Whittier  State  School  during  his  minority;  or,  if  a  girl,  commit  her 
to  the  Whittier  State  School  or  to  any  similar  state  institution  for  girls 
until  twenty-one  years  of  age;  provided,  however,  that  such  commitment 
under  this  act  to  either  the  Preston  School  of  Industry  or  the  Whittier 
State  School  shall  permit  the  transfer  of  any  boy  from  one  institution 
to  the  other  upon  the  agreement  thereto  by  the  superintendents  of  both 
such  institutions.  Accompanying  the  commitment  papers,  the  court  must 
submit  to  the  superintendent  of  such  institution  a  record  of  all  the  facts 
in  the  possession  of  the  court,  covering  the  history  of  the  person  com- 
mitted, including  a  statement  of  the  mental  and  physical  condition. 

Should  it  develop,  either  at  the  time  of  their  presentation,  or  after 
having  become  an  inmate  thereof,  that  any  dependent  or  delinquent  per- 
son, who  has  been  committed  to  either  of  such  institutions,  is  an  improper 
person  to  be  there  retained,  or  so  incorrigible  or  so  incapable  of  reforma- 
tion under  the  discipline  of  the  school  to  which  such  person  may  be  com- 
mitted as  to  render  his  or  her  retention  detrimental  to  the  interests  of 
the  school,  the  superintendent  may,  with  the  approval  of  the  board  of 
trustees  of  such  institution  return  such  dependent  or  delinquent  person, 
to  the  committing  court.  And  in  the  event  of  such  return,  the  trans- 
portation of  such  dependent  or  delinquent  person  shall  be  made  in  the 
same  manner;  and  the  compensation  therefor,  if  any,  shall  be  paid  for 
as  is  provided  for  in  the  execution  of  an  order  of  commitment  to  such 
institution.  After  making  any  of  the  above-mentioned  orders  the  court 
may,  from  time  to  time,  change  or  modify  the  same,  or  set  aside  the 
same,  or  commit  such  dependent  or  delinquent  person  to  such  place  or 
institution,  and  for  such  time  as  the  court  may  deem  fit,  but  not  beyond 
the  time  when  such  person  shall  attain  the  age  of  twenty-one  years. 

Probation  committee. 

§  9.  The  judge  of  the  superior  court  in  and  for  each  county,  or  city 
and  county,  of  the  state,  and  in  counties  where  there  is  more  than  one 
judge  of  the  said  court,  the  judges  of  the  superior  court  in  said  county 
shall,  by  order  entered  in  the  minutes  of  the  court,  appoint  seven  discreet 
citizens  of  good  moral  character,  not  more  than  four  of  wliom  shall  be 
of  the  same  sex,  and  at  least  two  of  whom  shall  have  been  mothers,  to 
be  known  as  the  "probation  committee,"  and  shall  fill  all  vacancies  occur- 
ring in  such  committee.  So  far  as  possible,  there  shall  not  be  appointed 
more  than  one  member  of  such  probation  committee  from  the  same  voca- 
tion, business  or  profession.  The  clerk  of  said  court  shall  immediately 
notify  each  person  appointed  on  said  committee  and  thereupon  said  per- 
sons shall  appear  before  the  judge  of  the  superior  court  to  whom  has 
been  assigned  all  proceedings  under  this  act  and  qualify  by  taking  an 
oath,  which  shall  be  entered  in  said  juvenile  court  records,  to  perlorm 
faithfully  the  duties  of  a  member  of  such  probation  committee. 


Act  1770,  §§  10,  11  GENERAL   LAWS.  1366 

Term  of  office.     Vacancies. 

§  10.  The  members  of  such  probation  committee  shall  hold  office  for 
four  years,  and  until  their  successors  are  appointed  and  qualify;  provided, 
that  of  those  first  appointed,  one  shall  hold  office  for  one  year,  two  for 
two  years,  two  for  three  years,  and  two  for  four  years,  the  terms  for 
which  the  respective  members  shall  hold  office  to  be  determined  by  lot 
as  soon  after  their  appointment  as  may  be.  When  any  vacancy  occurs 
in  any  probation  committee  by  expiration  of  the  term  of  office  of  any 
member  thereof,  his  successor  shall  be  appointed  to  hold  office  for  the 
term  of  four  years;  when  any  vacancy  occurs  for  any  other  reason,  the 
appointee  shall  hold  office  for  the  unexpired  term  of  his  predecessor. 

Duties  of  committee.  Annual  report.  Investigation  of  cases.  Detention 
home. 
§  11.  The  juvenile  court  or  the  judge  thereof  may  at  any  time,  and 
upon  request  of  the  county  board  of  supervisors,  shall  require  said  pro- 
bation committee  or  probation  officer  to  examine  into  the  qualifications 
and  management  of  any  society,  association  or  corporation,  other  than  a 
state  institution,  receiving,  or  applying  for,  any  neglected,  dependent  or 
delinquent  person  under  this  act,  and  to  report  thereon  to  the  court. 
It  shall  be  the  duty  of  each  probation  committee  to  prepare  each  year 
one  or  more  reports  in  writing  on  the  qualifications  and  management  of 
all  societies,  associations  and  corporations,  except  state  institutions,  ap- 
plying for  or  receiving  any  neglected,  dependent  or  delinquent  person 
under  this  act  from  the  courts  of  their  respective  counties,  and  in  such 
report  said  committee  may  make  such  suggestions  or  comments  as  to 
them  may  seem  fit;  such  report  to  be  filed  as  a  public  document  with  the 
clerk  of  the  juvenile  court  appointing  such  committee.  The  probation 
committee  shall  also  make  to  the  court  an  annual  report  to  be  filed  as 
a  public  document  prior  to  the  first  day  of  December,  copies  of  which 
shall  be  filed  with  the  county  board  of  supervisors  and  the  state  board 
of  charities  and  corrections.  It  shall  be  the  dut}'  of  the  probation  com- 
mittee to  exercise  a  friendly  supervision  and  visitation  over  the  neg- 
lected, dependent  or  delinquent  person  when  so  directed  by  the  court,  to 
furnish  the  court  information  and  assistance  whenever  required,  and, 
from  time  to  time,  to  advise  and  recommend  to  the  court  anj-  change  or 
modification  of  the  order  made  in  the  case  of  a  neglected,  dependent  or 
delinquent  person  as  may  be  for  the  best  interests  of  such  person.  Upon 
request  of  the  probation  officer,  any  member  of  the  probation  committee 
shall  investigate  the  case  of  any  alleged  neglected,  dependent  or  delin- 
quent person  coming  under  the  provisions  of  this  act,  and  render  a  report 
thereon  to  the  probation  officer.  The  probation  committee  shall  also 
have  the  control  and  management  of  the  internal  affairs  of  any  detention 
home  or  branch  detention  home  heretofore  or  hereafter  established  by 
the  county  board  of  supervisors;  and  it  shall  be  the  duty  of  said  board 
of  supervisors  to  provide  for  the  payment  of  such  employees  as  may  be 
needed  in  the  efficient  management  of  such  detention  home  or  branch 
detention  home  or  homes. 


1367  JUVENILE  COURT.  Act  1770,  §§  12-14 

Compensation. 

§  12.  Members  of  the  probation  committee  shall  serve  without  com- 
pensation, but  shall  be  allowed  their  reasonable  traveling  expenses  as 
approved  by  the  judge  of  the  juvenile  court;  and  the  same  shall  be  a 
charge  upon  the  county  in  which  the  court  appointing  them  has  juris- 
diction, and  said  expenses  shall  be  paid  out  of  the  county  treasury  upon 
a  written  order  of  the  judge  of  the  juvenile  court  of  said  county  direct- 
ing the  county  auditor  to  draw  his  warrant  upon  the  county  treasurer 
for  the  specified  amount  of  such  expenses.  All  orders  by  the  juvenile 
court  judge  upon  the  county  treasury  shall  be  filed  in  duplicate  with  the 
county  board  of  supervisors. 

Probation  officers. 

§  13.  There  shall  be  appointed,  as  hereinafter  provided,  a  probation 
oflScer  in  every  county,  and  he  may  appoint  as  many  deputies  as  he 
may  desire;  provided,  however,  that  such  deputies  shall  not  have  au- 
thority to  act  until  their  appointment  shall  have  been  approved  by  a 
majority  vote  of  the  probation  committee,  and  by  the  judge  of  the  ju- 
venile court.  The  term  of  office  of  such  deputies  shall  expire  with  the 
expiration  of  the  term  of  office  of  the  probation  officer  making  such 
appointments;  but  either  the  probation  officer,  or  the  probation  commit- 
tee by  a  majority  vote,  or  the  jndge  of  the  juvenile  court,  may  at  any 
time  in  his  or  their  discretion,  revoke  and  terminate  any  such  appoint- 
ment. Such  deputies,  except  as  hereinafter  provided,  shall  serve  with- 
out compensation.  Every  probation  officer  and  every  assistant  probation 
officer  receiving  an  official  salary  shall,  at  the  time  that  he  files  his  oath 
of  office,  file  with  the  county  clerk  of  the  county  his  official  bond  approved 
by  the  judge  of  the  juvenile  court.  The  judge  of  the  juvenile  court  shall 
have  authority  bj'  an  order  entered  in  the  minutes  of  said  court  to  deter- 
mine and  fix  the  amount  of  bonds  of  the  probation  officer  of  the  county 
and  of  his  assistants.  If  said  bonds,  or  any  of  them,  are  furnished^  by 
any  surety  company  licensed  to  transact  business  in  the  state  of  Cali- 
fornia,  the  premium   thereon   shall   be  paid   out   of   the   couiify    tr.'iisuiv. 

Offices  created.     Term.     Salary.     RemovaL 

§  14.  The  offices  of  probation  officer  and  assistant  probation  oni<'or 
are  hereby  created.  The  probation  officers  and  assistant  probation  offi- 
cers to  serve  hereunder  in  any  county  shall  be  nominated  by  the  proba- 
tion committee  in  such  manner  as  the  judge  of  the  juvenile  court  in  the 
respective  counties  shall  direct;  and  the  appointment  of  such  probation 
officers  and  assistant  probation  officers  shall  then  be  made  by  the  judge 
of  the  respective  juvenile  courts.  The  term  of  office  of  the  probation 
officers  and  assistant  probation  officers  shall  be  two  years  from  tiio  date 
of  their  said  appointment.  Ail  probation  officers  and  assistant  probation 
officers  receiving  a  salary  of  seventy-five  dollars  or  more  per  month  shiil 
devote  their  entire  time  and  attention  to  the  duties  of  their  offices*,  and 
no  such  probation  officer  or  assistant  probation  officer,  while  holding  such 
office   and   receiving   salary   therefor,   shall   be   a   candidate   or   seek    Hie 


Act  1770,  §§  14a-14c        general  laws.  •  1368 

nomination  for  any  other  public  office  or  employment,  and  no  person  shall 
be  appointed  to  and  receive  the  salary  attached  to  such  office  of  either 
probation  officer  or  assistant  probation  officer  who  is  related  to  the  judge 
of  the  juvenile  court  or  to  a  member  of  the  probation  committee  of  such 
county,  by  consanguinity  or  affinity,  within  the  third  degree,  computed 
according  to  the  rules  of  law.  Such  probation  officers  and  assistant  pro- 
bation officers  may  at  any  time  be  removed  by  the  judge  of  the  juvenile 
court  for  good  cause  shown;  provided,  that  no  such  probation  officer  or 
assistant  probation  officer  shall  be  removed  unless  he  has  been  furnished 
with  a  specific  statement  in  writing  of  the  reasons  for  such  removal, 
said  statement  to  be  signed  by  the  judge  of  the  juvenile  court  and  by  a 
majority  of  the  probation  committee. 

In  counties  of  first  class. 

§  14a.  In  counties  of  the  first  class  there  shall  be  one  probation  officer 
and  twenty-five  assistant  probation  officers.  The  salaries  of  said  officers 
shall  be  as  follows:  Probation  officer,  two  hundred  and  twenty  five  dollars 
per  month;  one  assistant  probation  officer,  one  hundred  and  seventy-five 
dollars  per  month;  one  assistant  probation  officer,  one  hundred  and  sixty- 
two  dollars  per  month;  eighteen  assistant  probation  officers,  one  hundred 
dollars  per  month;  one  assistant  probation  officer  to  act  as  probation 
officer's  clerk,  seventy-five  dollars  per  month;  one  assistant  probation 
officer  to  act  as  probation  officer's  clerk,  eighty-five  dollars  per  month;  one 
assistant  probation  officer  to  act  as  stenographer  to  the  probation  officer 
in  clerical  work,  seventy-five  dollars  per  month;  one  assistant  probation 
officer  to  act  as  bookkeeper,  seventy-five  dollars  per  month;  one  assistant 
probation  officer  to  act  as  telephone  exchange  operator  and  stenographer, 
sixty-five  dollars  per  month. 

In  counties  of  second  class. 

§  14b.  In  counties,  or  cities  and  counties  of  the  second  class  there 
shall  be  one  probation  officer  and  such  assistant  probation  officers,  as  may 
be  determined  by  the  board  of  supervisors  or  other  legislative  body  of 
such  counties  or  cities  and  counties,  and  said  probation  officers  shall  re- 
ceive such  salaries  as  may  be  fixed  by  the  board  of  supervisors  or  other 
legislative  body  of  such  counties  or  cities  and  counties. 

In  counties  of  third  class, 

§  14c.  In  counties  of  the  third  class  there  shall  be  one  probation  officer 
and  eight  assistant  probation  officers.  The  salaries  of  said  officers  shall 
be  as  follows:  Probation  officer,  two  hundred  dollars  per  month;  one 
assistant  probation  officer,  one  hundred  and  seventy-five  dollars  per 
month;  one  assistant  probation  officer,  one  hundred  and  sixty  dollars  per 
month;  one  assistant  probation  officer,  one  hundred  and  fifty  dollars  per 
month;  one  assistant  probation  officer,  one  hundred  and  twenty-five  dol- 
lars per  month;  two  assistant  probation  officers,  each  one  hundred  dollars 
per  month;  two  assistant  j^robation  officers,  each  seveuty-five  dollars  per 
month. 


1369  JUVENILE  COURT.      Act  1770,  §§  14d-lij 

In  counties  of  fourth  class. 

§  14d.  In  counties  of  the  fourth  class  there  shall  be  one  probation 
officer,  one  assistant  probation  officer,  and  one  deputy  probation  officer 
who  shall  act  as  clerk.  The  salaries  of  said  officers  shall  be  as  follows: 
Probation  officer,  one  hundred  and  fifty  dollars  per  month;  assistant  pro- 
bation officer,  one  hundred  dollars  per  month;  deputy  probation  officer, 
seventy-five  dollars  per  month. 

In  counties  of  fifth  class. 

§  14e.  In  counties  of  the  fifth  class  there  shall  be  one  probation  officer, 
whose  salary  shall  be  one  hundred  and  fifty  dollars  per  month;  and  one 
assistant  probation  officer,  whose  salary  shall  be  one  hundred  and  twenty- 
five  dollars  per  month.  In  counties  of  the  fourteenth  class  there  shall  be 
one  probation  officer,  whose  salary  shall  be  one  hundred  and  twenty-five 
dollars  per  month. 

In  counties  of  sixth  class. 

§  14f.  In  counties  of  the  sixth  class  there  shall  be  one  probation 
officer  and  three  assistant  probation  officers.  The  salaries  of  such  officers 
shall  be  as  follows:  Probation  officer,  one  hundred  and  seventy-five  dollars 
per  month;  one  assistant  probation  officer,  one  hundred  and  fifty  dollars 
per  month;  one  assistant  probation  officer,  one  hundred  dollars  per  month; 
and  one  assistant  probation  officer  to  act  as  ja-obation  officer's  clerk,  one 
hundred  dollars  per  month. 

In  counties  of  seventh  class. 

§  14g.  In  counties  of  the  seventh  class  there  shall  be  one  probation 
officer  and  two  assistant  probation  officers.  The  salaries  of  said  officers 
shall  be  as  follows:  Probation  officer,  one  hundred  and  seventy-five  dollars 
per  month;  one  assistant  probation  officer,  one  hundred  and  twenty  dollars 
per  month;  and  one  assistant  probation  officer,  one  hundred  dollars  per 
month. 

In  counties  of  eighth  class. 

§  14h.  In  counties  of  the  eighth  class  there  shall  be  one  probation 
officer,  whose  salary  shall  be  one  hundred  dollars  per  month. 

In  counties  of  ninth  class. 

§  14i.  In  counties  of  the  ninth  class  there  shall  be  one  probation 
officer  and  two  assistant  probation  officers.  The  salaries  of  said  oniccrs 
shall  be  as  follows:  Probation  officer,  one  hundred  dollars  per  month;  one 
assistant  probation  officer,  seventy-five  dollars  per  mouth;  and  on-  ^--t- 
ant  probation  officer,  fifty  dollars  per  month. 

In  counties  of  tenth  class.  ,    „   ,  ,    .. 

§  14j.  In  counties  of  the  tenth  class  there  shall  be  one  probation 
officer  who  shall  maintain  an  office  in  the  courthouse  at  the  <'o"uty  M-at. 
The  salary  of  said  probation  officer  shall  be  one  hundred  and  (ifty  dollar.^ 
per  month. 


Act  1770,  §§  14k-14s        general  laws.  1370 

In   counties    of   eleventh,    twelftli,    thirteenth,    seventeenth,    eighteenth, 
twenty-third,  twenty-fifth,  twenty-sixth,  twenty-seventh,  and  thirty- 
third  classes, 
§  14k.     In   each   of  the   counties   of  the  eleventh,  twelfth,  thirteenth, 
seventeenth,  eighteenth,  twenty-third,  twenty-fifth,  twenty-sixth,  twenty- 
seventh,  and  thirty-third  classes,  there  shall  he  one  probation  officer.     The 
salary  of  each  of  said  probation  officers  shall  be  one  hundred  dollars  per 
month.     In  counties  of  the  thirteenth  class,  there  shall  be  one  a.ssistant 
probation  officer,  whose  salary  shall  be  twenty-five  dollars  per  month.     In 
counties  of  the  eighteenth  class,  there  shall  be  four  assistant  probation 
officers,   whose   salary  shall  be   twenty-five   dollars   per  month   each.     In 
counties  of  the  twenty-sixth  class,  there  shall  be  one  assistant  probation 
officer,  whose  salary  shall  be  forty  dollars  per  month. 

In  counties  of  thirty-fifth  class. 

§  141.  In  counties  of  the  thirty-fifth  class  there  shall  be  one  probation 
officer  who  shall  maintain  an  office  in  the  courthouse  at  the  county  seat. 
The  salary  of  said  probation  officer  shaJl  be  one  hundred  dollars  per 
month. 

In  counties  of  fifteenth  class. 

§  14m.  In  each  of  the  counties  of  the  fifteenth  class  there  shall  be  one 
probation  officer.  The  salary  of  said  probation  officer  shall  be  eighty  dol- 
lars per  month. 

In  counties  of  sixteenth,  nineteenth,  twentieth,  twenty-second,  thirtieth, 
and  thirty  second  classes. 
§  14n.  In  each  of  the  counties  of  the  sixteenth,  nineteenth,  twentieth, 
twenty-second,  thirtieth  and  thirty-second  classes  there  shall  be  one  pro- 
bation officer.  The  salary  of  each  of  said  probation  officers  shall  be  fifty 
dollars  per  month. 

In  counties  of  thirty-fourth  class. 

§  14p.  In  counties  of  the  thirty-fourth  class  there  shall  be  one  proba- 
tion officer.  The  salary  of  said  probation  officer  shall  be  eighty  dollars 
per  month. 

In  counties  of  thirty-first  class. 

§  14q.  In  counties  of  the  thirty  first  class  there  shall  be  one  probation 
officer.  The  salary  of  said  probation  officer  shall  be  sixty  dollars  per 
month. 

In  counties  of  twenty-first,  thirty-ninth  and  forty-second  classes. 

§  ]4r.  In  each  of  the  counties  of  the  twenty-first,  thirty-ninth  and 
f3:ty-second  classes,  there  shall  be  one  probation  officer.  The  salary  of 
each  of  said  probation  officers  shall  be  fiftj'  dollars  per  month. 

In  counties  of  thirty-eighth  class. 

§  14s.  In  counties  of  the  thirty  eighth  class  there  shall  be  one  proba- 
tion officer  and  one  assi.staut  probation  officer.     The  salary  of  said  officers 


1371  JUVENILE  COURT.  Act  1770,  §§  14t-17 

shall  be  as  follows:  Probation  officer,  seventy  dollars  per  month;  assistant 
probation  officer,  fifty  dollars  per  month. 

In  counties  of  forty-eighth  class. 

§  14t.  In  counties  of  the  forty-eighth  class  there  shall  be  one  proba- 
tion officer  whose  salary  shall  be  twenty-five  dollars  per  month. 

In  counties  of  forty-fourth,  fiftieth,  fifty-second  and  fifty-fifth  classes. 

§  14u-  In  each  of  the  counties  of  the  forty  fourth,  fiftieth,  fifty-second, 
and  fifty-fifth  classes  there  shall  be  one  probation  officer.  The  salary  of 
each  of  said  probation  officers  shall  be  ten  dollars  per  month. 

In  counties  of  fifty-seventh  and  fifty-eighth  classes. 

§  14v.  In  each  of  the  counties  of  the  fifty-seventh  and  fiftj'  pijjhth 
classes  there  shall  be  one  probation  officer.  The  salary  of  each  of  said 
probation  officers  shall  be  five  dollars  per  month. 

In  other  counties. 

§  142.  In  every  other  county  than  those  heretofore  expressly  enumer- 
ated the  salary  of  the  probation  officer  shall  be  thirty-five  dollars  per 
month, 

Payinent  of  salaries  and  expenses. 

§  15,  The  salaries  of  all  probation  officers  and  assistant  probation 
officers  shall  be  paid  out  of  the  county  treasury  of  the  county  for  which 
they  are  appointed,  respectively,  in  the  same  manner  as  the  salaries  of 
the  county  officers.  The  probation  officers  and  assistant  probation  officers 
and  deputy  probation  officers  in  all  counties  of  the  state  shall  be  allowed 
such  necessary  incidental  expenses  incurred  in  the  performance  of  their 
duties  as  required  by  any  laws  of  the  state  of  California  as  may  be  au- 
thorized by  the  judge  of  the  juvenile  court;  and  the  same  shall  _be_  a 
charge  upon  the  county  in  which  the  court  appointing  them  has  jurisdic- 
tion, and  said  expenses  shall  be  paid  out  of  the  county  treasuryupon  a 
written  order  of  the  judge  of  the  juvenile  court  of  said  county  directing 
the  county  auditor  to  draw  his  warrant  upon  the  county  treasurer  for  the 
specific  amount  of  such  expenses.  The  probation  officer  and  the  clerk 
of  the  juvenile  court  shall  each  keep  a  classified  list  of  expenses  and  lilo 
a  duplicate  copy  with  the  county  board  of  supervisors. 

Duty  of  clerk.  ,  ... 

§  16.  It  shall  be  the  duty  of  the  clerk  of  any  court  before  whiHi  an 
alleged  neglected,  dependent  or  delinquent  person  is  brought  under  the 
provisions  of  this  act,  before  hearing,  to  notify  the  probation  oOicer  or 
the  county  thereof. 

Duties  of  probation  officers.     Powers  of  school  attendance  officer.     Re- 
port.    Duties  may  be  performed  by  assistant. 

§  17.  The  probation  officer  shall  inquire  into  the  antor-edentH,  rliar- 
acter,   family   history,   environment   and    cause   of   .l.'i'.M.don,  y,   or   deliu 


Act  1770,  §  17  GENERAL   LAWS.  1372 

quency  of  every  alleged  neglected,  dependent  or  delinquent  person 
brought  before  the  juvenile  court,  and  shall  make  his  report  in  writing 
to  the  judge  thereof;  it  shall  also  be  the  duty  of  said  probation  oflScer, 
to  be  present  in  court  in  order  to  represent  the  interests  of  the  neglected, 
dependent  or  delinquent  person  when  the  case  is  heard,  and  to  furnish  to 
the  court  such  information  and  assistance  as  it  may  require  and  to  make 
such  report  at  such  time;  and  to  take  charge  of  said  neglected,  depend- 
ent or  delinquent  person  before  and  after  the  hearing  as  may  be  ordered. 
Whenever  any  person  is  declared  neglected,  dependent  or  delinquent 
under  the  provisions  of  this  act,  and  is  placed  in  or  committed  to  the 
care  and  custody  of  the  probation  officer,  the  case  may  be  transferred 
to  the  juvenile  court  of  any  county  of  this  state,  in  which  such  person 
resides  or  to  which  such  person  shall  remove,  and  such  court  shall  there- 
after have  entire  jurisdiction  over  said  case.  Every  probation  officer, 
assistant  probation  officer  and  deputy  probation  officer  shall  have  the 
powers  of  a  peace  officer.  At  any  time  the  probation  officer  may  bring 
any  neglected,  dependent  or  delinquent  person  placed  in  or  committed 
to  his  care  before  the  court  for  such  further  or  other  action  as  the  court 
may  deem  proper.  Before  any  neglected  person  is  replaced,  or  any  de- 
pendent or  delinquent  person  is  recommitted,  the  probation  officer  shall 
inquire  into  the  reasons  assigned  for  such  action  and  shall  be  present  in 
court  in  order  to  represent  the  interests  of  such  person.  Every  proba- 
tion officer  shall  have  the  powers  of  a  school  attendance  officer,  in  such 
portions  of  the  county,  in  which  such  probation  officer  has  been  appointed, 
as  are  not  otherwise  provided  with  a  school  attendance  officer,  and  shall 
exercise  such  powers  when  not  inconsistent  with  his  other  duties.  Every 
probation  officer,  within  fifteen  days  after  the  thirtieth  day  of  June, 
and  within  fifteen  daj^s  after  the  thirty-first  day  of  December,  of  each 
year,  shall  make  in  writing  and  file  as  a  public  document  a  report  to  the 
judge  of  the  juvenile  court  of  the  county  in  which  such  probation  officer 
is  appointed,  and  shall  furnish  to  the  county  board  of  supervisors  and  to 
the  secretary  of  the  state  board  of  charities  and  corrections  of  this  state 
a  copy  thereof.  Such  report  without  giving  names  shall  state  separately 
the  exact  number  of  neglected,  dependent  and  delinquent  persons,  segre- 
gating male  and  female,  who  have  been  committed  by  such  juvenile  court 
to  the  care  and  custody  of  such  probation  officer,  and  the  exact  number 
of  such  persons  who  are  wards  of  such  juvenile  court,  but  of  whose  cases 
other  disposition  has  been  made,  as  such  number  exists  deducting  all 
cases  dismissed,  or  where  such  person  has  passed  the  age  of  twenty-one 
years  upon  such  thirtieth  day  of  June  and  such  thirty-first  day  of  Decem- 
ber, segregating  such  persons  as  having  been  adjudged  by  such  juvenile 
court  to  be  neglected,  dependent  or  delinquent,  as  the  case  may  be,  in 
1903,  1904,  1905  and  so  on,  up  to  and  including  the  calendar  year  in 
which  such  report  is  made  and  filed.  Any  of  the  duties  of  a  probation 
officer  may  be  jierfornied  by  an  assistant  or  deputy  probation  officer,  and 
shall  be  so  performed  whenever   directed  by   the  probation   officer;   and 


1^73  JUVENILE  COURT.       Act  1770,  §  18 

it  shall  be  the  duty  of  the  probation  officer  to  see  that  his  assistant  and 
deputy  probation  officers  perform  their  duties. 

Cases  of  persons  under  eighteen  to  be  transferred  to  juvenile  court.  Bail 
pending  hearing.  Persons  eighteen  or  over.  Person  may  be  re- 
manded. Statutes  of  limitation  suspended. 
§  18.  Whenever  a  deposition  or  complaint  shall  be  filed  in  any  court 
other  than  a  superior  court,  charging  a  person  with  a  crime  and  it  shall 
be  suggested  to  the  judge,  justice  or  recorder  before  whom  such  person 
is  brought  that  the  person  charged  is  under  the  age  of  eighteen  years, 
said  judge,  justice  or  recorder  shall  immediately  suspend  all  proceedings 
against  such  person  on  said  charge  and  examine  into  the  age  of  such 
person,  and  if,  from  such  examination,  it  shall  appear  to  the  satisfac- 
tion of  said  judge,  justice  or  recorder  that  such  person  is  under  the  age 
above  specified,  he  shall  forthwith  certify  to  the  juvenile  court  of  his 
county  (a)  that  said  person  (naming  him)  is  charged  with  such  crime 
(brieiij'  stating  its  nature);  (b)  that  such  person  appears  to  be  under 
the  age  of  eighteen  years,  giving  date  of  birth  when  known,  and  (c)  the 
suspension  of  proceedings  against  such  person  on  such  charge  by  reason 
of  his  age,  with  the  date  of  such  suspension;  and  immediately  thereupon 
all  proceedings  against  the  said  person  on  said  charge  shall  be  suspended 
until  said  juvenile  court  shall  issue  its  mandate,  as  hereinafter  provided, 
directing  the  court  before  which  said  charge  was  made  to  proceed  with 
the  examination  into  or  trial  thereof,  and  the  court  so  suspending  its 
proceedings  shall  forthwith  cause  such  person  to  be  taken  before  the 
juvenile  court  of  the  county  for  consideration  and  proceedings  under  this 
act.  When  such  person  shall  be  brought  before  the  judge  of  the  juvenile 
court  said  judge  shall  cause  a  complaint  to  be  filed  as  provided  in  sec- 
tion 6  of  this  act  and  shall  fix  a  time  for  considering  said  matter  and 
shall  cause  citation  to  be  issued,  as  provided  in  section  9  of  this  act. 
Pending  such  hearing,  said  judge  may  admit  such  person  to  bail  or  other- 
wise provide  for  his  temporary  custody  in  any  manner  provided  heroin 
for  the  care  of  a  delinquent  person  after  the  finding  of  his  delinquency. 
The  judge  of  said  juvenile  court  may  further  investigate  the  age  of  such 
person  and  may  also  inquire  into  the  condition  and  care  of  such  fiorson 
and  make  such'orders  for  his  disposition  under  the  provisions  of  this  act 
as  he  may  deem  proper.  If  said  judge  shall,  after  such  invcstigatiou, 
decide  that  the  person  was  at  the  time  said  offense  wns  alleged  to  have 
been  committed  of  the  age  of  eighteen  years  or  more,  such  determina- 
tion shall  be  conclusive  and  he  shall  immediately  issue  his  mandate  direct- 
ing the  court  before  which  such  charge  is  pending  to  proceed  therewith, 
and  upon  receipt  of  such  mandate  said  court  shall  proceed  with  the  exam- 
ination or  trial  of  said  charge  as  though  no  susiiension  thereof  had  taken 
place;  provided,  however,  that  if  the  court  shall  find  that  tlio  person  so 
charged  is  under  the  age  of  twenty-one  years  hut  a  fit  subject  for  con 
sideration  under  the  provisions  of  this  act,  he  may  make  siK'h  r^^lrr  or 
orders  hereunder  as  he  may  deem  best  in  relation  to  such  pcrsou;  pro- 


Act  1770,  §  19  GENERAL   LAWS.  1374 

vided,  further,  however,  that  if  such  judge  shall  at  any  time  conclude 
that  such  person  is  not  a  fit  subject  for  further  consideration  under  this 
act,  he  may  remand  such  person  to  the  court  in  which  said  person  is 
charged  with  said  offense  for  further  proceedings  on  said  charge,  and 
upon  receipt  of  the  mandate  of  said  juvenile  court,  or  the  judge  thereof, 
the  court  before  which  said  charge  is  then  pending  shall  be  vested  with 
full  authority  to  proceed  with  the  examination  or  trial  thereof.  All 
statutes  of  limitations  relating  to  the  charge  so  pending  against  such 
person  shall  be  suspended  as  to  said  person  and  charge  from  the  issuance 
by  said  judge,  justice  or  recorder  of  his  certificate  hereinbefore  provided 
for  until  said  juvenile  court,  or  judge  thereof,  shall  issue  its  mandate  re- 
manding such  person  for  further  proceedings  as  aforesaid;  and  all  statutes 
of  limitation  relating  to  any  charge,  made  in  any  court,  against  any 
person  under  the  age  of  twenty-one  years,  shall  be  suspended  as  to  such 
charge  and  person  whenever,  and  as  long  as,  such  person  is  before  the 
juvenile  court  for  consideration  under  the  provisions  of  this  act,  or  is 
detained  by  virtue  of  any  commitment  issued  hereunder  and  unrevoked; 
provided,  however,  that  if  said  delincjuont  person  shall  be  discharged  by 
the  juvenile  court  as  reformed,  such  order  of  discharge  shall  constitute 
a  bar  to  any  further  proceedings  in  any  court  against  said  delinquent 
person  upon  said  charge. 

Petition  that  person  under  twenty-one  is  neglected,  etc.  Notice.  Prose- 
cution under  general  law. 
§  19.  Whenever  it  is  claimed  that  any  person  under  the  age  of 
twenty-one  years  is  a  neglected,  dependent  or  delinquent  person  as  de- 
fined in  this  act,  a  verified  petition  shall  be  filed  in  the  juvenile  court 
of  the  county  wherein  said  alleged  neglect,  dependency  or  delinquency 
occurred,  stating  such  neglect,  dependency  or  delinquency  and  the  facts 
constituting  the  same,  and  that  said  neglected,  dependent  or  delinquent 
person  is  under  the  age  of  twenty-one  years,  and  praying  that  the  said 
court  shall  adjudge  said  person  to  be  a  neglected,  dependent  or  delinquent 
person  within  the  meaning  of  this  act.  Notice  shall  be  given  of  the 
time  and  place  of  hearing  as  in  the  case  of  a  person  alleged  to  be  a 
neglected,  dependent  or  delinquent  person,  and  the  petition  shall  be 
heard  at  the  time  and  place  designated  by  the  juvenile  court.  If  the 
court  shall  adjudge  said  person  to  be  a  neglected,  dependent  or  delin- 
quent person,  within  the  meaning  of  this  act,  such  order  shall  be  made 
as  is  meet  in  the  premises,  as  in  this  act  provided.  If  upon  said  hear- 
ing said  court  shall  determine  that  a  delinquent  person  is  not  a  fit  and 
proper  subject  to  be  dealt  with  under  the  reformatory  provisions  of  this 
act,  said  court  may  dismiss  the  petition  hereunder  and  direct  that  such 
delinquent  person  be  prosecuted  under  the  general  law.  No  dependent 
or  delinquent  person  under  eighteen  years  of  age  shall  be  prosecuted 
for  crime  until  the  matter  has  first  been  submitted  to  the  juvenile  court 
by  petition  as  herein  provided,  or  by  certificate  of  the  lower  court  as 
^provided  in  section  16  hereof. 


1375  JUVENILE  COURT.  Act  1770.  §  20 

Persons  eighteen  to  twenty-one  accused  of  felony.  Persons  not  amenable 
to  state  schools.  Trial  in  ordinary  manner.  May  be  transferred  to 
penitentiary. 
§  20.  Whenever  any  person  over  the  age  of  eighteen  years  and  under 
the  age  of  twenty-one  years  is  accused  of  a  felony,  and  the  indictment 
or  information  has  been  filed  in  the  superior  court  of  the  count}^  wherein 
the  crime  was  committed,  charging  said  person  with  the  commission  of 
said  felony,  the  judge  may,  in  his  discretion,  with  the  consent  of  the 
accused,  or  upon  his  request,  arrest  said  proceeding  at  the  time  of 
arraignment  or  at  any  time  previous  to  the  impanelment  of  a  jury, 
except  where  the  crime  charged  is  a  capital  offense,  and  may  proceed  to 
investigate  the  charge  against  the  defendant,  and  all  the  facts  and  cir- 
cumstances necessary  to  determine  the  proper  disposition  to  be  made  of 
said  person,  and  shall  determine  whether  said  person  shall  be  dealt  with 
as  a  delinquent  under  the  provisions  of  this  act.  If  the  court  is  satisfied 
upon  such  investigation  that  said  person  should  be  declared  a  delinquent 
and  should  be  dealt  with  under  this  act,  it  may  make  such  order  as 
herein  provided  for  the  disposition  of  delinquent  persons.  If  such  per- 
son thereafter  prove  not  to  be  amenable  to  the  discipline  of  the  state 
school  to  which  he  may  be  committed,  and  the  trustees  thereof  shall  de- 
termine that  said  person  should  be  committed  to  a  state  penitentiary, 
such  person  shall  be  returned  to  the  custody  of  the  sheriff  of  the  county 
in  which  such  crime  was  committed,  and  thereafter  proceedings  shall  be 
had  upon  the  indictment  or  information  commencing  at  the  point  at 
which  proceedings  were  arrested;  and  said  person  shall  be  tried  for  the 
offense  alleged  in  the  information,  and  if  convicted  shall  be  sent  to  the 
penitentiary  for  such  time  as  the  court  may  determine,  or  otherwise  dealt 
with  in  accordance  with  the  law  for  dealing  with  persons  convicted  of 
a  felony.  If  no  request  is  made  by  the  defendant  for  proceedings  under 
this  statute,  or  if  the  defendant  desires  a  trial  by  jury,  or  if  the  judge 
declines  to  consent  to  the  application  of  the  defendant  for  proceedings 
under  this  statute,  said  cause  shall  proceed  in  the  ordinary  manner  up 
to  the  verdict  of  guilty  or  not  guilty  as  the  case  may  be.  If  said  per- 
son is  convicted,  the  court  may  thereafter  receive  such  evidence  as  may 
be  offered,  touching  the  question  as  to  whether  or  not  said  person  should 
be  dealt  with  as  a  delinquent  in  the  manner  hereinbefore  provided  in 
case  of  the  application  and  consent  of  the  accused  before  trial,  and  may 
make  such  order  of  probation  or  commitment  to  said  state  schools,  and 
may  from  time  to  time  modify  said  probation  orders,  as  is  herein  pro- 
vided in  the  case  of  persons  adjudged  delinquent.  If  such  person  during 
the  period  of  his  commitment  to  said  state  institution,  proves  to  be  in^ 
corrigible  or  not  amenable  to  the  discipline  of  such  institution,  and  it 
shall  be  deemed  advisable  in  the  judgment  of  the  trustees^  of  such  instp 
tution  that  said  person  be  sent  to  the  penitentiary,  then  said  person  shall 
be  returned  to  the  superior  court  in  which  the  verdict  was  rendered,  for 
sentence,  and  thereupon  the  court  shall  pronounce  judgment. 


Act  1770,  §§  21, 22  general  laws.  1376 

Custody  of  person  pending  hearing. 

§  21.  In  the  case  of  a  person  alleged  to  be  delinquent  within  the 
meaning  of  this  act,  the  juvenile  court  may,  pending  the  hearing,  at  any 
time  before  the  person  is  adjudged  delinquent  or  otherwise  disposed  of, 
order  that  said  person  be  detained  in  any  detention  home,  provided  for 
that  purpose  by  any  county  or  it  may  be  otherwise  temporarily  pro- 
vided for  as  to  the  court  may  seem  fit  in  any  manner  provided  herein 
for  the  care  of  a  person  after  the  termination  of  his  delinquency. 

Care  of  persons  found  dependent  or  delinquent.  Jurisdiction  of  court 
until  person  is  twenty-one.  Commitment  to  state  schools.  Examina- 
tion of  person  accused  of  felony.     Minor  under  fourteen. 

§  22.  If  the  court  find  a  person  to  be  dependent  or  delinquent,  then 
the  court  may  commit  such  person  to  the  care  and  custody  of  the  pro- 
bation officer  and  may  allow  the  said  person  to  remain  in  the  home  of 
said  person,  subject  to  the  visitation  of  a  probation  officer,  and  such  per- 
son shall  report  to  the  probation  officer  as  often  as  may  be  required, 
and  be  subject  to  be  returned  to  the  court  for  further  proceedings  when- 
ever such  action  may  appear  necessary  or  desirable,  or  the  court  may 
commit  the  person  to  the  care  and  custody  of  the  probation  officer,  to 
be  placed  in  a  suitable  family  home  subject  to  the  supervision  of  said 
probation  officer  and  the  further  order  of  the  court;  or  it  may  order  the 
probation  officer  to  board  out  the  person  in  some  suitable  family  home 
in  case  provision  is  made  by  voluntarj'  contribution  or  otherwise  for  the 
payment  of  the  board  of  said  person  until  suitable  provision  may  be 
made  for  said  person  in  a  home  without  such  payment;  or  the  court 
may  commit  said  person  for  such  time  until  such  person  arrives  at  the 
age  of  twenty-one  years  as  to  the  court  may  seem  fit,  to  the  care  and 
custody  of  some  association,  society  or  corporation  that  will  receive  him, 
embracing  within  its  objects  the  care  of  dependent  or  delinquent  chil- 
dren; or  the  court  may  commit  said  person  to  a  state  school  as  herein- 
before provided,  or  to  such  other  state  institution  as  may  be  authorized 
by  law  to  receive  it;  provided,  further,  that  should  the  legislative  bodj' 
of  the  county  provide  a  suitable  place  for  the  detention  of  dependent 
or  delinquent  persons  which  they  are  hereby  authorized  and  required  to 
do,  such  dependent  or  delinquent  persons  may  be  committed  thereto 
after  the  adjudication  of  dependency  or  delinquency  for  a  definite  period 
to  be  specified  in  such  order,  at  the  end  of  which  time  said  person  shall 
be  brought  before  the  court  for  further  order  of  court.  The  court  may 
thereafter  set  aside,  change  or  modify  said  order  and  provide  for  a  fur- 
ther detention  in  said  place.  The  court  shall  retain  the  jurisdiction  of 
any  person  who  is  found  to  be  dependent  or  delinquent  until  such  per- 
son attains  his  majority,  or  if  a  girl,  until  she  attains  the  age  of  twenty- 
one  years,  unless  she  is  married  with  the  consent  of  the  court,  or  until 
said  court  is  satisfied  that  said  person  has  fully  reformed  and  that  fur- 
ther direction  and  supervision  under  the  provisions  of  this  act  are  un- 
necessary  for   said   person's   reformation.     If    a   boy,   under    the   age    of 


1377  JUVENILE  COURT.  Act  1770,  §  23 

sixteen  years,  said  person  may  be  committed  by  said  court  to  the  Whit- 
tier  State  School  or  if  over  the  age  of  sixteen  years,  the  Preston  State 
School  of  Industry  at  any  time  during  his  minority  for  the  period  of  his 
minority.  If  a  girl,  she  may  be  committed  to  the  said  Whittier  State 
School  at  any  time  before  she  is  twenty-one  years  of  age  until  she  is 
twenty-one  years  of  age.  Such  person  may  be  committed  to  any  other 
institution  now  or  hereafter  provided  by  the  state  for  such  persons. 
Upon  the  return  of  said  person  to  the  custody  of  the  juvenile  court,  if 
said  person  be  accused  of  felony,  it  shall  be  the  duty  of  the  .i"dge  of 
said  court  to  sit  as  a  committing  magistrate  and  hold  the  preliminary 
examination  of  such  person,  and  if  upon  said  hearing  he  shall  deter- 
mine that  there  is  probable  cause  to  believe  that  the  said  person  has 
committed  the  offense  charged  in  the  petition  theretofore  filed  in  said 
court,  he  shall  hold  such  person  to  answer  to  the  superior  court,  and 
thereupon,  the  usual  proceedings  shall  be  had  for  the  trial  of  said 
case  in  the  superior  court  after  the  filing  of  the  information  in  pursu- 
ance to  said  order  of  said  judge  sitting  as  a  committing  magistrate,  and 
said  person  shall  be  tried  by  court  and  jury  in  the  usual  manner  for 
the  trial  of  a  felony;  provided,  however,  that  no  minor  under  the  age 
of  fourteen  years  at  the  time  of  the  commission  of  the  offense  with 
which  he  is  charged  shall  ever  be  sent  to  a  penitentiary  until  he  has 
first  been  committed  to  the  Whittier  State  School  or  the  Preston  State 
School  of  Industry  and  has  there  proved  to  be  incorrigible  or  not 
amenable  to  the  discipline  of  said  school.  No  minor  who  is  under  the 
age  of  eight  years  and  no  one  who  is  suffering  from  any  contagious, 
infectious  or  other  disease  which  would  probably  endanger  the  lives  or 
health  of  the  other  inmates  of  said  state  schools  shall  be  committed 
thereto.  No  person  shall  be  committed  to  said  state  schools  unless 
the  judge  of  said  court  shall  be  fully  satisfied  that  the  mental  and 
physical  condition  and  qualifications  of  said  person  are  such  as  to  render 
it  probable  that  such  person  will  be  benefited  by  the  reformatory  educa- 
tional discipline  of  such  schools. 

Expense  of  maintaining  neglected,  etc.,  persons.    Parents  unable  to  pay 
expenses. 
§  23.     Any  order  providing  for  the  custody  of  a  neglected,  dependent 
or  delinquent  person  may  provide  that  the  expense  of  maintaining  such 
person  shall  be  paid  by  the  parent  or  parents  or  guardian  of  such  person, 
and  in  such  case  shall  state  the  amount  to  be  so  paid,  and  shall  deter- 
mine whether   or   not   the   parent   or  parents   or   guardian   shall   exercise 
any   control   of    said    person,   and    define   the    extent    thereof.     Any    dis- 
obedience of  such  order  or  interference  with  the  custody  of  the  person 
as  therein  determined  shall  constitute  a  contempt  of  court.     It  shall   bo 
the   duty   of   the   probation   officer  to   investigate   and   report   in    writinR 
at   the   first   session   of   the  juvenile   court   held   after   the   fir.^t   days   "f 
January,    April,   July    and    October   of    each   year,    whether    said    orderg 
87 


Act  1770,  §§  24-26  general  laws.  1378 

have  been  obeyed.  If  it  be  found,  however,  that  the  parent  or  parents 
or  guardian  of  a  neglected,  dependent  or  delinquent  person  is  unable 
to  pay  the  whole  expense  of  maintaining  such  person,  the  court  may, 
in  the  order  providing  for  the  custody  of  such  person,  direct  such 
additional  amount  as  may  be  necessary  to  support  such  person  to  be 
paid  from  the  county  treasury  of  the  county  for  the  support  of  such 
person,  the  amount  so  ordered  to  be  paid  from  the  treasury  of  said 
county  not  to  exceed,  in  case  of  any  one  person  the  sum  of  eleven 
dollars  per  month;  provided,  that  no  order  for  the  payment  of  all  or 
part  of  the  expense  of  support  and  maintenance  of  a  neglected,  depend- 
ent or  delinquent  person  from  the  county  treasury  shall  be  effective 
for  more  than  six  months,  unless  a  new  order  is  secured  at  the  expira- 
tion of  that  period.  The  court  may  thereafter  set  aside,  change  or 
modify  any  order  herein  provided  for.  All  orders  by  the  juvenile  court 
judge  upon  the  county  treasury  shall  be  filed  in  duplicate  with  the 
county  board  of  supervisors. 

Orders  may  be  changed.     Parole  system  not  affected. 

§  24.  Any  order  made  by  the  court  in  case  of  a  dependent  or  de- 
linquent person  may  at  any  time  be  changed,  modified  or  set  aside  as 
to  the  judge  may  seem  meet  and  proper.  Nothing  in  this  act  contained 
shall  be  deemed  to  interfere  with  the  system  of  parole  and  discharge 
that  is  now  or  may  hereafter  be  provided  by  law,  or  by  rule  of  the 
board  of  trustees  of  the  Whittier  State  School  and  the  Preston  State 
School  of  Industry,  respectively,  for  the  parole  and  discharge  of  de- 
pendent and  delinquent  persons  committed  to  the  said  schools  or  to  any 
similar  state  institutions  hereafter  created,  or  with  the  internal  man- 
agement of  the  said  schools,  save  that  the  court  committing  a  person 
to  either  of  said  schools  may  thereafter  change,  modify  or  set  aside 
said  order  of  commitment  upon  ten  days'  notice  of  the  hearing  of  the 
application  therefor  being  served  by  United  States  mail  upon  the 
superintendent  of  the  said  school  to  which  said  person  had  previously 
been  committed. 

Private  hearing. 

§  25.  Any  alleged  neglected,  dependent  or  delinquent  person  may 
have  a  private  hearing  upon  the  question  of  his  neglect,  dependency 
or  delinquency,  and  upon  the  request  of  said  person  or  said  persons 
and  either  of  his  parents  or  guardian,  such  hearing  may  be  had  privately 
in  the  manner  provided  by  law  for  private  hearings  at  preliminary 
examinations.  An^order  of  court  adjudging  a  person  neglected,  depend- 
ent or  delinquent  under  the  provisions  of  this  act  shall  in  no  case  be 
deemed  to  be  a  conviction  of  crime. 

Person  under  sixteen  not  to  be  committed  to  jail  before  conviction. 

§  26.  No  court,  judge,  magistrate  or  peace  officer  shall  conimit  a 
person  under  sixteen  years  of  age  to  any  jail  or  prison,  before  trial  and 
conviction,  but  if  any"  such  person  is  not  released  pending  such  hearing, 


1379  JUVENILE  COURT.    Act  1770,  §§  27, 28 

he  may  be  committed  to  the  care  and  custody  of  a  sheriff,  constable 
or  other  peace  officer,  who  shall  keep  such  person  in  a  detention  home 
or  some  other  suitable  place  outside  of  the  inclosure  of  any  jail  or 
prison,  as  the  court  may  direct.  When  any  person  under  sixteen  years 
of  age  shall  be  sentenced  to  confinement  in  any  institution  to  which 
adult  convicts  or  prisoners  are  sentenced  or  confined,  it  shall  be  unlawful 
to  confine  such  persons  in  the  same  room,  yard  or  inclosure  with  such 
adult  convicts  or  prisoners,  or  to  permit  such  person  to  come  or  remain 
in  contact  with  such  adult  convicts  or  prisoners. 

Detention  homes.     Superintendent. 

§  27.  It  shall  be  the  duty  of  the  legislative  body  of  every  county, 
or  city  and  county,  immediately  upon  this  act  becoming  effective,  to 
provide  and  thereafter  maintain,  at  the  expense  of  such  county,  or 
city  and  county,  in  a  location  approved  by  the  judge  of  the  juvenile 
court,  a  suitable  house  or  place  to  be  known  as  the  "detention  home" 
of  said  county,  or  city  and  count}',  for  the  detention  of  dependent  and 
delinquent  persons.  Such  detention  home  must  not  be  in,  or  connected 
with,  any  jail  or  prison,  and  shall  be  conducted  in  all  respects  as 
nearly  like  a  home  as  possible,  and  shall  not  be  deemed  to  be  or  treated 
as  a  penal  institution.  Such  legislative  body  must  also  provide  for  a 
suitable  superintendent  and  matron  to  have  charge  of  such  detention 
home,  and  for  such  other  employees  as  may  be  needed  in  the  efficient 
management  of  such  detention  home,  and  provide  for  the  payment,  out 
of  the  general  fund  of  the  county,  or  city  and  county,  of  suitable 
salaries  for  such  superintendent  and  matron,  and  such  other  employees, 
such  superintendent,  matron  and  other  employees  to  be  appointed  by 
said  legislative  body,  upon  the  nomination  of  the  probation  committee 
and  approval  of  the  judge  of  the  juvenile  court.  The  superintendent 
of  the  detention  home  shall  keep  a  classified  list  of  expenses,  and  file 
a  duplicate  copy  with  the  county  board  of  supervisors.  The  super- 
intendent, matron  or  other  employee  of  such  detention  home  may,  at 
any  time,  be  removed  by  the  probation  committee,  in  its  discretion. 

Penalty  for  encouraging  delinquency. 

§  28.  Any  person  who  shall  commit  any  act  or  omit  the  performance 
of  any  duty,  which  act  or  omission  causes  or  tends  to  cause,  encourage 
or  contribute  to  the  dependency  or  delinquency  of  any  person  under 
the  age  of  twenty-one  years,  as  defined  by  any  law  of  this  state,  or 
any  person  who  shall,  by  any  act  or  omission,  threats  or  pominands  or 
persuasion,  endeavor  to  induce  any  such  person,  under  twenty  one  years 
of  age,  to  do  or  to  perform  any  act  or  follow  any  course  of  conduct, 
or  to  so  live  as  would  cause  or  manifestly  tend  to  cause  any  such 
person  to  become,  or  to  remain  a  dependent  or  delinquent  person  shall 
be  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  slinll  ho 
punished  by  a  fine  not  exceeding  one  thousand  dollars,  or  impriHonment 
in   the   county   jail  for   not   more   than   one   year,   or   by   both   such   line 


Act  1770,  §§  29, 30     general  laws.  1380 

and  imprisonment,  and  the  superior  court,  sitting  as  juvenile  court, 
shall  have  original  jurisdiction  of  all  such  misdemeanors;  but  no  person 
shall  be  tried  on  the  charge  of  contributing  to  the  dependency  and 
delinquency  of  any  person  under  the  age  of  twenty-one  years,  before 
the  same  judge  who  has  heard  or  before  whom  is  pending  the  case  of 
the  person  under  the  age  of  twentj'-one  years  to  whose  dependency  or 
delinquency  such  person  is  alleged  to  have  contributed. 

fJonstruction  of  act.     Not  to  be  taken  from  custody  of  parents,  etc. 

§  29.  This  act  shall  be  liberally  construed  to  the  end  that  its  pur- 
pose may  be  carried  out,  to  w^it:  That  the  care,  custody  and  discipline 
of  a  neglected,  dependent  or  delinquent  person  as  defined  in  this  act 
shall  approximate  as  nearly  as  may  be  that  which  should  be  given  by 
his  parents,  and  in  all  cases  where  it  can  be  properly  done,  the  neglected, 
dependent  or  delinquent  person  as  defined  in  this  act  shall  be  placed 
in  an  approved  family,  with  people  of  the  same  or  similar  religious 
belief,  and  become  a  member  of  the  family,  by  legal  adoption  or  other- 
wise, or  if  placed  in  the  care  of  or  committed  to  an  association,  society, 
corporation,  school  or  institution,  then  to  one  of  the  same  or  similar 
religious  belief.  No  neglected,  dependent  or  delinquent  person  as  de- 
fined in  this  act  shall  be  taken  from  the  custody  of  his  parent  or  legal 
guardian,  without  the  consent  of  such  parent  or  guardian,  unless  the 
court  shall  find  such  parent  or  guardian  to  be  incapable  of  providing, 
or  to  have  failed  or  neglected  to  provide  proper  maintenance,  training, 
and  education  for  said  person;  and  in  no  case  unless  the  parent  or 
guardian  to  be  incapable  of  providing,  or  to  have  failed  or  neglected 
to  provide  proper  maintenance,  training  and  education  for  said  person; 
and  in  no  case  unless  the  parent  or  guardian  has  been  duly  notified  to 
be  present  in  court  before  or  at  the  time  of  placement  or  commitment 
or  recommitment,  or  unless  said  person  if  dependent  or  delinquent  has 
been  tried  on  probation  in  said  custody,  and  has  failed  to  reform.  In 
this  act  words  used  in  any  gender  shall  include  all  other  genders,  and 
the  word  "county"  shall  include  "city  and  county,"  the  plural  shall 
include  the  singular  and  the  singular  shall  include  the  plural. 

Appeal. 

§  30.  An  appeal  to  the  district  court  of  appeal  shall  lie  from  any 
decision  and  judgment  of  the  juvenile  court.  The  party  appealing  shall 
serve  on  the  opposite  party  and  file  a  notice  of  such  appeal  within 
fifteen  days  from  the  day  of  rendition  of  the  judgment  from  which  the 
appeal  is  taken.  It  is  hereby  made  the  duty  of  the  judge  of  the  juvenile 
court  when  such  an  appeal  is  taken,  to  find  the  facts  of  the  case  based 
upon  a  preponderance  of  evidence  in  the  form  of  a  special  finding  and 
the  appellate  court  shall  pass  upon  the  sufficiency  of  the  evidence  to 
sustain  the  judgment  rendered.  In  case  the  party  appealing  questions 
the  sufficiency  of  the  evidence  to  warrant  the  findings  made  by  the 
court,  such  evidence  shall   be  incorporated  in  a  bill   of  exceptions   pre- 


1381  JUVENILE  COURT.  Act  1770,  §§  31, 32 

pared  by  the  appellant  within  fifteen  days  after  the  notice  of  appeal 
shall  have  been  served  on  the  opposite  party  and  filed  as  aforesaid. 
The  opposite  party  shall  within  ten  days  prepare  and  serve  on  appellant 
proposed  amendments  to  such  bill  of  exceptions,  which  amendments 
shall  be  settled  by  the  judge  within  five  days  thereafter.  Within  ten 
days  after  the  settlement  of  said  bill  of  exceptions,  the  appellant  shall 
engross  the  same  and  serve  a  copy  on  the  opposite  party  and  also  on 
the  attorney  general,  and  file  the  original  thereof,  together  with  proof 
of  service  as  herein  required  indorsed  thereon,  with  the  clerk  of  the 
juvenile  court  who  shall  immediately  transmit  the  same  to  the  court 
to  which  the  appeal  is  taken  with  his  certificate  that  such  bill  of 
exceptions  is  correctly  engrossed.  An  assignment  of  error  that  the 
decision  of  the  juvenile  court  is  contrary  to  law  shall  be  sufficient  to 
present  both  a  sufficiency  of  the  facts  found  to  sustain  the  judgment 
and  a  sufficiency  of  the  evidence  to  justify  the  findings.  Appeals  from 
the  juvenile  court  shall  have  precedence  in  the  court  to  which  such 
appeal  is  taken  over  all  other  cases.  The  prosecution  and  appeal  of 
such  cases  shall  be  governed  as  to  costs  and  as  to  all  other  matters  not 
herein  provided  for  by  the  statutes  governing  appeals  and  criminal 
causes. 

Acts  superseded. 

§  31.  This  act  shall  supersede  all  provisions  of  the  act  entitled  "An 
act  to  establish  a  state  reform  school  for  juvenile  offenders,  and  to 
make  an  appropriation  therefor,"  approved  March  11,  1889,  and  all 
amendments  thereto,  and  all  provisions  of  the  act  entitled  "An  act  to 
establish  a  school  of  industry,  to  provide  for  the  maintenance  and  man- 
agement of  same,  and  to  make  an  appropriation  therefor,"  approved 
March  11,  1889,  and  all  amendments  thereto,  relating  to  the  mode  of 
commitments  to  the  institutions  therein  named;  but  said  acts  shall  con- 
trol as  to  all  matters  concerning  the  management  of  said  institutions, 
respectively. 

Repealed.     Saving  clause. 

§  32.  An  act  entitled  "An  act  defining  and  providing  for  the  con- 
trol, protection,  and  treatment  of  dependent  and  delinquent  children; 
prescribing  the  powers  and  duties  of  courts  with  respect  thereto;  pro- 
viding for  the  appointment  of  probation  officers,  and  prescribing  their 
duties  and  powers;  providing  for  the  separation  of  children  from  adults 
when  confined  in  jails  or  other  institutions;  providing  for  the  appoint- 
ment of  boards  to  investigate  the  qualifications  of  orKanizations  re- 
ceiving children  under  this  act,  and  prescribing  the  duties  of  such 
boards;  and  providing  when  proceedings  under  this  act  shall  bo  admis- 
sible in  evidence,"  approved  February  26,  1903;  and  the  amendments 
thereto,  approved  March  22,  1905,  and  March  27,  1907,  are  hereby 
repealed;  provided,  however,  that  all  orders  and  judgments  made  iiore- 
tofore   under   said   act   shall   continue   in   full   force   and   utTcct,  and   that 


Acts  1790a-1794:  general  laws.  1382 

the  court  shall  retain  jurisdiction  of  all  children  heretofore  declared 
dependent  or  delinquent,  and  such  children  shall  be  hereafter  dealt  with 
in  the  same  manner  as  if  such  orders  had  been  made  under  the  pro- 
visions of  this  act,  and  all  proceedings  now  pending  shall  be  continued 
under  the  provisions  of  this  act.  All  children  now  on  probation  from 
justice  courts  shall  remain  on  probation  for  the  period  fixed  in  the  judg- 
ment, and  if  required  may  be  certified  to  the  superior  court  in  the  manner 
in  said  act  provided.  When  so  certified  the  said  certificate  shall  be 
dealt  with  in  the  same  manner  as  herein  provided  for  a  petition  alleg- 
ing delinquency. 

Citations.      Cal.    157/418.      App.    13/738,    739;     14/513;     17/678,    679,    741, 
742;    18/739,    741;    19/548,  649,    551,    600,    602,    603,    605,    608,    609,    610. 

TITLE  252. 

KEEN  COUNTY. 
ACT  1790a. 

An  act  to  increase  the  number  of  judges  of  the  superior  court  of  the 
county  of  Kern,  and  to  provide  for  the  appointment  of  an  additional 
judge. 

[Approved  April  14,  1913.     Stats.  1913,  p.  23.] 

Additional  judge  for  Kern  county. 

§  1.  The  number  of  judges  of  the  superior  court  of  the  county  of 
Kern,  is  hereby  increased  from  two  to  three. 

§  2.  Within  thirty  days  after  the  taking  effect  of  this  act,  the  gov- 
ernor shall  appoint  one  additional  judge  of  the  superior  court  of  the 
county  of  Kern,  state  of  California,  who  shall  hold  office  until  the  first 
Monday  after  the  first  day  of  January,  A.  D.  nineteen  hundred  and  fif- 
teen. At  the  general  election  to  be  held  in  November,  1914,  a  judge 
of  the  superior  court  of  said  county  shall  be  elected  in  said  county,  who 
shall  be  the  successor  of  the  judge  appointed  hereunder,  to  hold  office  for 
the  term  prescribed  by  the  constitution  and  by  law. 

Salary, 

§  3.  The  salary  of  said  additional  judge  shall  be  the  same  in  amount, 
and  shall  be  paid  at  the  same  time,  and  in  the  same  manner,  as  the 
salary  of  the  other  judges  of  the  superior  court  of  said  county  now  au- 
thorized by  law. 

ACT  1794. 

An  act  fixing  the  salaries  of  the  judges  of  the  superior  court  of  the  state 

of  California,  in  and  for  the  county  of  Kern,  and  providing  for  the 

payment  thereof. 

[Approved  May  1,  1911.     Stats.  1911,  p.  1421.] 


1383  LABOR  STATISTICS.  Acts  1827, 1828 

Salary  of  superior  judges  of  Kern  county. 

§  1.  The  annual  salary  of  each  of  the  judges  of  the  superior  court  of 
the  state  of  California  in  and  for  the  county  of  Kern  is  five  thousand 
dollars;  one  half  thereof  to  he  paid  by  the  said  state  and  the  other  half 
thereof  by  the  said  county;  at  the  same  times  and  in  like  manner  as  the 
salaries  of  the  other  judges  of  the  superior  court  of  said  state  are  paid. 

§  2.  All  acts  and  parts  of  acts  so  far  as  they  conflict  with  this  act 
are  hereby  repealed. 

§  3.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

TITLE  259. 

LABOR  STATISTICS. 
ACT  1827. 

An  act  directing  the  commissioner  of  the  bureau  of  labor  statistics  to 
collect  certain  statistics,  and  present  them  in  biennial  reports,  and 
making  it  the  duty  of  certain  officers  to  furnish  such  statistics  in 
compliance  with  the  provisions  of  this  act.  [Approved  March  18, 
1905.  Stats.  1905,  p.  109.] 
Repealed  June  2,    1913    (Stats.   1913,   p.   371). 

ACT  1828. 

An  act  to  establish  and  support  a  bureau  of  labor  statistics. 
[Approved  March  3,  1883.     Stats.  1S83,  p.  27.] 
Amended  1889,  p.   6;    1901,  p.  12;    1907,  p.  306;    1909,  p.  36;   1911,  pp.  39, 
1205. 

The  amendments  of  1911  are  as  follows: 

Term  of  labor  commissioner. 

§  1.  As  soon  as  possible  after  the  passage  of  this  act,  the  governor 
of  this  state  shall  appoint  a  suitable  person  to  act  as  commissioner  of  a 
bureau  of  labor  statistics.  The  headquarters  of  said  bureau  shall  ho 
located  in  the  city  and  county  of  San  Francisco.  Said  commissioner  shall 
hold  office  and  serve  solely  at  the  pleasure  of  the  governor,  and  not  other- 
wise.    [Amendment  approved  February  13,  1911;  Stats.  1911,  p.  39.] 

Deputies  of  labor  commissioner. 

§  9.  The  commissioner  shall  appoint  two  deputies,  who  shall  have  the 
same  power  as  said  commissioner,  one  of  whom  shall  reside  in  the  city 
and  county  of  San  Francisco  and  the  other  in  the  city  of  Los  Angeles; 
one  assistant  deputy,  who  shall  reside  in  the  county  of  Los  Angeles; 
a  statistician;  a  stenographer,  and  such  agents  or  assistants,  as  he  may 
from  time  to  time  require,  at  such  rate  of  wages  as  he  may  prescribe, 
but  said  rate  must  not  exceed  five  dollars  per  day,  and  actual  traveling 


Act  1829,  §  §  1-3  GENER^U.   LAWS.  13&4 

expenses  for  each  person  while  employed.  He  shall  procure  rojoms  neces- 
sary for  offices,  at  a  rent  not  to  exceed  the  sum  of  one  hundred  and  fifty 
dollars  per  month.  [Amendment  approved  April  28,  1911;  Stats.  1911, 
p.  1205.] 

Salaries. 

§  10.  The  salarj'  of  the  commissioner  shall  be  three  thousand  dollars 
per  annum,  the  salary  of  each  deputy  commissioner  shall  be  twenty-four 
hundred  dollars  per  annum,  the  salary  of  the  assistant  deputy  shall  be 
twenty-one  hundred  dollars  per  annum,  the  salary  of  the  statistician  shall 
be  twenty-one  hundred  dollars  per  annum,  the  salary  of  the  stenographer 
shall  be  twelve  hundred  dollars  per  annum,  to  be  audited  by  the  con- 
troller and  paid  by  the  state  treasurer  in  the  same  manner  as  other  state 
officers.  There  shall  also  be  allowed  a  sura  not  to  exceed  twenty  thou- 
sand dollars  per  annum  for  salaries  of  agents  or  assistants,  for  traveling 
expenses,  and  for  other  contingent  expenses  of  the  bureau.  [Amendment 
approved  April  28,  1911;  Stats,  1911,  p.  1205.] 

ACT  1829. 

An  act  to  create  the  office  of  attorney  for  the  state  bureau  of  labor 

statistics. 
[Approved  June  4,  1913.     Stats.  1913,  p.  382.] 

Attorney  for  state  bureau  of  labor  statistics. 

§  1.  The  office  of  attorney  for  the  state  bureau  of  labor  statistics  is 
hereby  created.  Said  attorney  shall  be  appointed  by  the  commissioner 
of  the  bureau  of  labor  statistics. 

Duties. 

§  2.  It  shall  be  the  duty  of  such  attorney  to  act  for  and  represent 
the  state  bureau  of  labor  statistics  and  the  commissioner  thereof  in  all 
legal  matters  which  may  require  the  attention  of  such  state  bureau  of 
labor  statistics  and  the  commissioner  thereof,  and  to  specially  represent 
and  act  for  and  in  co-operation  therewith  when  required,  in  the  preven- 
tion of  all  acts  and  things  which,  in  the  judgment  of  the  state  bureau 
of  labor  statistics  or  the  commissioner  thereof,  as  will  best  subserve  and 
carry  out  the  provisions  of  an  act  entitled,  "An  act  to  establish  and  sup- 
port a  bureau  of  labor  statistics,"  approved  March  3,  1SS3;  and  also,  all 
other  acts  which  have  been  or  may  be  hereafter  designated  by  the  legis- 
lature to  be  enforced  by  said  state  bureau  of  labor  statistics  or  the  com- 
missioner thereof,  and  in  all  other  matters  pertaining  to  the  welfare  of 
minors  and  labor  generally  and  to  assist  and  aid  the  said  bureau  and  the 
commissioner  thereof  with  his  advice,  and  to  represent  and  act  for  the 
same  in  court. 

Salary. 

§  3.  The  salary  of  such  attorney  shall  be  twenty-four  hundred  dollars 
per  annum  and  shall  be  paid  out  of  the  state   treasury,  upon  warrants 


1385  LEASES.  Acts  1864-1890 

drawn  by  the   controller,  in  the   same  manner   as   the   salaries   of  other 
state  officers  are  paid. 

§  4.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 

TITLE  266. 

LAKE   TAHOE. 
ACT  1864. 

An   act   to   make   an   appropriation  for  the  general  improvement   of  the 
Lake   Tahoe   wagon   road;    a  state   highway.     [Approved  March   31, 
1911.     Stats.  1911,  p.  529.] 
The    act   appropriated   fifteen  thousand  dollars  for  the  purpose   indicated   and 

provided   that    the    Department    of   Engineering   should   have    full   charge   of   the 

■wurk. 

ACT  1865. 

Au  act  to  make   an  additional  appropriation  for  the  completion  of  the 
road  from  Meyei-'s  Station   to  the   head   of   the  Tahoe  state  wagon 
road  along  the  west  shore  of  Lake  Tahoe,  to  McKinney's. 
[Approved  June  7,  1913.     Stats.  1913,  p.  869.] 

Appropriation.    Completion,  road  from  Meyer's  station  to  McKinney's. 

§  1.  There  is  hereby  appropriated  out  of  any  money  in  the  state 
treasury  not  otherwise  appropriated,  the  sum  of  twenty-three  thousand 
dollars  for  the  completion  of  the  road  from  Meyer's  station  at  the  head 
of  the  Tahoe  state  wagon  road  along  the  west  shore  of  Lake  Tahoe,  to 
McKinney's.  Thirteen  thousand  dollars  shall  be  available  on  the  first 
day  of  July,  1913,  and  ten  thousand  dollars  on  the  first  day  of  July,  1914. 

Work  under  Department  of  Engineering. 

§  2.  The  work  of  locating,  surveying  and  constructing  said  highway 
is  placed  under  the  management  and  control  of  the  Department  of  En- 
gineering. 

§  3.  The  state  controller  is  hereby  directed  to  draw  his  warrants  in 
such  sums  and  at  such  times  as  the  state  engineer  may  present  claiiiia 
therefor,  and  the  state  treasurer  is  directed  to  pay  the  same. 

TITLE  271. 

LEASES. 
ACT  1890. 

Citations.     Cal.   161/619. 


Act  1901,  §  1  GENERAL   LAWS.  1386 

TITLE   273. 

LEGISLATION. 
ACT  1901. 

An  act  to  establish  a  legislative  counsel  bureau  and  making  an  appro- 
priation therefor. 
[Approved  May  26,  1913.     Stats.  1913,  p.  626.] 

Legislative  council  bureau  created.  Board.  Appointment  by  governor. 
Vacancies.  Chief  of  bureau.  Term. 
§  1.  A  bureau  is  hereby  created  to  be  known  as  the  legislative  counsel 
bureau  which  shall  be  in  charge  of  a  chief  to  be  appointed  by  and  act 
under  the  supervision  of  a  board  as  herein  provided  to  be  known  as  the 
"legislative  counsel  bureau  board."  Said  appointing  board  shall  consist 
of  five  members,  one  of  whom  shall  be  the  governor  or  anyone  acting  for 
and  at  the  request  of  the  governor  in  that  behalf  from  time  to  time. 
Two  members  of  the  board  shall  be  chosen  by  the  senate  from  its  mem- 
bers for  a  term  of  four  j'ears  subject  to  the  power  of  the  senate  to  at 
any  time  change  such  members.  Two  members  of  the  board  shall  be 
chosen  by  the  assembly  from  its  members  for  a  term  of  two  years  sub- 
ject to  the  power  of  the  assembly  to  at  any  time  change  such  members. 
The  two  members  chosen  by  the  senate  shall  not  be  of  the  same  political 
party,  and  the  two  members  chosen  by  the  assembly  shall  not  be  of  the 
same  political  party.  The  first  selection  of  said  members  chosen  by  the 
senate  and  assembly  respectively  shall  be  made  prior  to  adjournment  of 
the  fortieth  regular  session  of  the  legislature  of  the  state  of  California, 
said  terms  to  commence  upon  the  taking  effect  of  this  act;  provided, 
however,  that  if  either  or  both  the  senate  and  the  assembly  shall  fail 
to  make  such  selections  before  the  adjournment  of  said  session,  then 
the  governor  shall  make  such  selections  of  two  members  from  each  house 
so  failing  to  select  for  the  terms  herein  provided,  subject  to  the  restric- 
tions hereinbefore  set  forth  as  to  party  affiliation  of  members.  Sub- 
sequent selections  by  the  respective  houses  shall  be  made  at  the  regular 
session  of  the  legislature  next  preceding  the  expiration  of  said  terms 
of  office  or  any  vacancy  therein,  and  incumbents  on  the  board  chosen 
by  either  house  of  the  legislature  shall  be  eligible  to  re-election.  Vacan- 
cies in  the  board  occurring  during  the  interim  between  sessions  of  the 
legislature  shall  be  filled  by  the  governor,  subject  to  the  above  restric- 
tions as  to  the  political  affiliations  of  the  appointees,  such  appointees  to 
hold  office  until  the  succeeding  session  of  the  legislature.  The  chief 
shall  be  chosen  without  reference  to  party  affiliations,  and  solely  on  the 
ground  of  fitness  to  perform  the  duties  of  his  office,  and  must  have  prac- 
tical knowledge  of  the  substantive  and  remedial  law  of  the  state  of 
California.  He  shall  hold  office  for  the  term  of  four  years  unless  sooner 
removed  between  any  regular  or  special  session  of  the  legislature  by  an 
affirmative  vote  of  four  members  of  the  board  upon  charges  made  with 
a  public  hearing  and  published  findings  thereon,  or  by   any  regular   or 


1387  LEGISLATION.  Act  1901,  §§  2, 3 

special  session   of  the  legislature  without  notice  or  trial,  two-thirds   of 
the  members  of  each  house  voting  therefor. 

Duties   of   chief. 

§  2.  It  shall  be  the  duty  of  the  chief  of  the  legislative  counsel  bureau, 
and  the  work  of  that  bureau,  to  prepare  and  assist  in  the  preparation, 
amendment  and  consideration  of  legislative  bills  when  requested  or  upon 
suggestion  as  herein  provided.  He  shall  devote  his  whole  time  and  at- 
tention to  forwarding  the  work  of  the  bureau,  and  it  shall  be  his  duty 
to  make  such  study  as  said  board  may  direct  of  the  laws  of  this  stato 
and  other  states  as  may  the  better  enable  the  bureau^  to  do  its  work, 
and  advise,  as  occasion  may  arise,  as  to  needed  revision  of  the  statutes. 

Preparation  of  legislative  bills.     Not  to  urge  legislation. 

§  3.  The  legislative  counsel  bureau  and  its  chief  shall  prepare  or  as- 
sist in  the  preparation  or  amendment  of  legislative  bills  at  the  suggestion, 
in  writing  and  as  herein  set  forth,  of  the  governor  of  the  state,  or  of  any 
judge  of  the  supreme  court  or  of  the  district  courts  of  appeal  or  of  the 
superior  courts  of  the  state,  or  of  any  committee  of  the  senate  or  as- 
sembly of  the  legislature  of  the  state.  All  such  suggestions  shall  set 
forth  the  substance  of  the  provisions  desired  or  which  may  be  needed 
with  the  reasons  therefor.  Such  suggestion  by  a  judge  of  the  supreme 
court  shall  be  filed  with  the  clerk  of  that  court.  Such  suggestion  by  a 
judge  of  a  district  court  of  appeal  shall  be  filed  with  the  clerk  of  that 
court.  Such  suggestion  by  a  judge  of  a  superior  court  shall  be  filed  with 
the  clerk  of  the  district  court  of  appeal  of  the  district  within  which  such 
superior  court  is  located.  When  such  suggestion  is  so  filed  with  the  clerk 
of  the  supreme  court  or  of  a  district  court  of  appeal,  that  clerk  shall 
make  and  send  to  the  permanent  office  of  said  bureau  a  certified  copy  of 
such  suggestion,  and  all  other  suggestions  shall  be  filed  at  said  office, 
and  all  such  papers  so  received  at  such  office  shall  be  there  permanently 
filed  and  recorded  and  copies  furnished  to  the  chief  of  the  legislative 
counsel  bureau;  all  provided,  that  from  the  time  the  legislature  of  the 
state  convenes  until  it  is  adjourned  finally,  the  legislative  counsel  bureau 
and  its  chief  shall  give  such  consiileration  to  and  service  concerning  any 
bill  before  the  legislature,  which  circumstances  will  permit,  and  which 
is  in  any  way  requested  by  the  governor  of  the  state  or  the  senate  or  thn 
assemblv  or  any  committe"e  of  the  legislature  having  such  bills  before  it 
for  consideration,  and  after  such  adjournment  the  cliief  of  the  legislative 
counsel  bureau  shall  still  remain  so  subject  to  such  request  by  the  gov- 
ernor of  the  state  as  to  any  bill  still  in  his  hands  for  rejection  or  approval 
or  other  action;  provided,  further,  that  neither  the  chief  nor  any  cm- 
plovee  of  the  bureau  shall  oppose  or  urge  legislation;  but  the  bureau 
shall,  upon  request,  and  so  far  as  may  be  in  its  power,  aid  and  assist 
any  member  of  the  legislature  as  to  bills,  reBolntions  and  mensures, 
drafting  the  same  into  proper  form  and  furnishing  to  them  the  fnileHt 
information  upon  all  matters  in  the  scope  of  the  bureau.     Neither  the 


Act  1901,  §§4-8  GENERAL   LAWS.  1388 

chief  nor  any  other  employee  of  the  bureau  shall  reveal  to  any  person 
outside  thereof  the  contents  or  nature  of  any  matter  which  has  not 
become  a  public  record,  except  with  the  consent  of  the  person  bringing 
such  matter  before  the  bureau. 

Office  in  capitol. 

§  4.  The  chief  of  the  bureau  shall  be  in  attendance  on  all  sessions  of 
the  legislature  and  his  permanent  office  shall  be  in  the  state  capitol  in 
Sacramento,  but  he  may,  at  the  pleasure  of  said  board,  maintain  tem- 
porary oflBces  at  other  places  in  the  state  of  California. 

Salaries. 

§  5.  The  said  board  shall  determine  the  salary  of  the  chief,  which 
shall  be  payable  in  equal  monthly  installments,  and  of  all  other  employees 
of  said  bureau  and  shall  control  all  expenditures  on  behalf  of  said 
bureau.  The  members  of  said  board  shall  not  receive  any  salary  or  com- 
pensation, but  they  and  the  chief  of  the  bureau  shall  be  repaid  all  actual 
expenses  incurred  or  paid  by  them  in  carrying  out  the  provisions  of  this 
act,  and  shall  file  monthly  with  the  state  board  of  control  itemized  and 
sworn  statements  of  all  such  expenses  so  incurred  or  paid  during  the 
preceding  month. 

Assistants.    Material  available  to  "bureau. 

§  6.  The  said  board  shall  furnish  said  bureau  with  such  professional, 
clerical  and  office  and  other  assistants  as  may  be  necessary  and  incur 
such  other  expenses  as  may  be  necessary  for  the  effective  work  of  the 
bureau.  The  material  (including  books  and  other  publications)  of  the 
state  library  shall  be  made  available  to  said  bureau,  and  all  the  officers 
of  the  state,  the  University  of  California,  and  all  departments,  com- 
missions and  bureaus  and  other  official  state  organizations,  and  all  per- 
sons connected  therewith,  shall  give  the  chief  ready  access  to  their 
records  and  full  information  and  reasonable  assistance  in  any  matters 
of  research  requiring  recourse  to  them  or  to  data  within  their  knowledge 
or  control.  The  bureau  may  co-operate  with  any  of  the  educational 
institutions  of  the  state  in  any  manner  approved  by  the  said  board  and 
such  institutions. 

Books,  records,  etc. 

§  7.  All  books,  papers,  records  and  correspondence  of  said  bureau 
pertaining  to  its  work,  except  copies  furnished  to  or  retained  by  the 
chief  of  what  is  filed  at  the  permanent  office  of  said  bureau,  and  except 
memoranda  made  by  him  shall  be  public  records  and  shall  be  filed  with 
and  recorded  and  kept  at  the  permanent  office  of  said  bureau,  except  as 
herein  otherwise   provided. 

Papers  kept  confidential. 

§  8.  Any  and  all  persons  receiving  service  from  said  bureau,  as  herein 
provided  may  by  request  in  writing  filed  with  the  bureau  have  all  their 


1389  LEVEE  DISTRICTS.  Acts  1908-1922 

personal  papers  and  correspondence  temporarily  kept  private  and  con- 
fidential, but  said  papers  and  correspondence  shall  become  public  records 
whenever  the  said  board  or  the  legislature  shall  so  order  or  said  written 
request  is  withdrawn. 

Appropriation. 

§  9.  There  is  hereby  appropriated  out  of  the  general  fund  not  other- 
wise appropriated,  for  the  sixty-fifth  and  sixty-sixth  fiscal  years,  the 
sum  of  twenty  thousand  ($20,000)  dollars  for  carrying  into  "effect  the 
provisions  of  this  act. 

TITLE  274, 

LEGISLATIVE  DISTRICTS. 
ACT  1908. 

To  divide  the  state  into  legislative  districts,  and  to  provide  for  the 
election  of  asserablvmen  and  senators  in  such  districts.  [Apjiroved 
March  11,  1891.     Stats.  1891,  p.  71.] 

Superseded  1901,  p.  535.     Repealed  January  2,   1912    (Stats.   Ex.  Scss.   1911, 
p.  140).      See  Pol.  Code,  §  78. 

ACT  1909. 

To  divide  the  state  into  legislative  districts,  and  to  provide  for  the  elec- 
tion of  assemblymen  and  senators  therein.  [Approved  March  21, 
1901.     Stats.  1901,  p.  535.] 

Repealed  January   2,    1912    (Stats.   Ex.   Sesa.   1911,   p.    140).     See  Pol.   Code, 
§    78. 

Citations.      Cal.  152/235,    236. 

TITLE  275. 

LEVEE  DISTRICTS. 
ACT  1919. 

Citations.     App.  11/406. 

ACT  1922. 

An  act  to  provide  for  the  formation  of  levee  districts  in  the  various 
counties  of  this  state,  and  to  provide  for  the  erection  of  levees,  dikes 
and  other  works  for  the  purpose  of  protecting  the  lands  within  such 
districts  from  overflow  and  to  levy  assessments  to  erect  and  con- 
struct and  maintain  such  levees,  dikes  and  other  works  and  to  pay 
the  necessary  costs  and  expenses  of  maintaining  said   districts. 

[Approved  March  20,  1905.     Stats.  1905,  p.  327.] 
Amended   1907,   p.   333;    1911,   p.   1212, 
The  amendments  of  1911  are  as  follows: 

Land  in  different  counties  may  form  a  levee  district. 

§  17.  Levee  districts  may  be  formed,  governed  aii'l  maintained  nndi-r 
this  act  where  the  land  embraced  therein  shall  be  situate  parlly  in  diJ- 


Act  1922,  §§18-22  general  laws.  1390 

ferent  counties,  and  all  the  preceding  sections  hereof  shall  be  applicable 
to  such  districts,  except  as  herein  provided,  and  nothing  hereinafter 
contained  shall  in  any  manner  limit  or  qualify  the  first  sixteen  sections 
of  this  act.  In  such  districts,  except  as  hereinafter  provided,  all  acts 
and  duties  required  to  be  performed  by  any  county  officer  or  board  shall 
be  done  or  performed  by  the  officer  or  board  of  the  county  in  which  the 
petition  mentioned  in  section  1  shall  be  filed.  All  sections  subsequent 
hereto  in  this  act  shall  refer  to  districts  situate  partly  in  different  coun- 
ties.    [New  section  approved  April  28,  1911;  Stats.  1911,  p.  1212.] 

Petition  filed  in  county  of  larger  portion  of  land. 

§  18.  In  districts  situate  partly  in  different  counties  the  petition 
mentioned  in  section  1  shall  be  filed  with  the  board  of  supervisors  of  the 
county  in  which  the  greater  portion  of  the  land  to  be  embraced  within 
such  district  is  situate,  and  such  board  shall  have  the  same  jurisdiction 
for  all  the  purposes  of  this  act  as  if  all  the  land  of  the  district  were 
situate  within  the  county,  except  as  in  this  act  otherwise  provided. 
[New  section  approved  April  28,  1911;  Stats.  1911,  p.  1212.] 

Designation. 

§  19.  At  the  time  and  after  the  proceedings  mentioned  in  section  4 
hereof,  such  board  of  supervisors  must  declare  such  levee  district  formed 
as  a  subdivision  of  such  counties  and  shall  designate  such  district  by  the 
name  of  joint  levee  district  of  and  counties.  [New  sec- 
tion approved  April  28,  1911;  Stats.  1911,  p.  1212.] 

Declaration  forwarded  to  all  supervisors  of  counties  represented. 

§  20.  Upon  i*Ae  recording  of  the  declaration  that  the  levee  district 
is  formed  as  required  by  section  6  hereof,  a  copy  thereof,  duly  certified 
by  the  clerk  of  the  board  of  supervisors,  must  be  immediately  trans- 
mitted to  the  clerk  of  the  board  of  supervisors  of  each  other  county 
in  which  any  portion  of  such  district  may  be  situate,  which  shall  be 
kept  in  the  office  of  such  last-named  clerk.  [New  section  approved  April 
28,  1911;   Stats.  1911,  p.  1213.] 

Publication  of  election  notice. 

§  21.  The  notice  of  election  mentioned  in  section  7  shall  be  published 
for  the  time  designated  therein  in  a  newspaper  published  in  each  county 
in  which  anv  portion  of  such  district  is  situate.  [New  section  approved 
April  28,  1911;  Stats.  1911,  p.  1213.] 

Division  of  estimate  among  counties. 

§  22,  The  board  of  trustees  of  such  joint  district  shall  divide  the 
total  estimate  provided  for  in  section  8  hereof,  in  proportion  to  the  value 
of  the  real  and  personal  property  of  the  district  in  each  county.  Such 
valine  to  be  determined  by  the  equalized  values  of  the  last  assessment- 
rolls  of  such  counties.  The  board  of  trustees  shall,  after  the  approval 
of  the  estimate  as  provided  in  said  section  8,  report,  as  provided  in  said 


1391  LEVEE   DISTRICTS.  Act  1923,  §  1 

section,  to  the  board  of  supervisors  of  each  of  such  counties,  on  or  before 
the  first  day  of  September  of  each  year,  and  furnish  each  of  such  boards 
of  supervisors  such  estimate,  together  with  a  statement  of  the  part 
thereof  apportioned  to  each  county.  [New  section  approved  April  28, 
1911;   Stats.   1911,  p.   1213.] 

Applicable  to  assessors  and  supervisors  of  each  county. 

§  23.  The  provisions  of  section  9  shall  apply  to  the  county  assessors 
and  boards  of  supervisors  of  each  county  in  which  any  portion  of  the 
district  may  be  situate,  so  far  as  the  portion  of  such  district  in  such 
county  is  concerned.  [New  section  approved  April  28,  1911;  Stats.  1911, 
p.  1213.] 

To  officers  of  each  county. 

§  24.  The  provisions  of  section  10  shall  apply  to  the  officers  of  each 
county  in  which  any  portion  of  such  district  is  situate.  [New  section 
approved  April  28,  1911;  Stats.  1911,  p.  1213.] 

Treasurer  of  county  in  which  petition  was  filed  to  be  repository  of  funds. 
§  25.  The  treasurer  of  the  county  in  which  the  petition  mentioned 
in  section  1  was  filed,  and  in  which  the  district  was  organized,  shall  be 
the  repository  of  the  funds  of  the  district.  The  treasurers  of  any  other 
counties  in  which  is  situate  a  portion  of  said  district,  must,  at  any  time, 
not  more  often  than  four  times  each  year,  upon  the  order  of  the  board 
of  trustees,  pay  over  to  the  treasurer  of  the  county  where  said  petition 
mentioned  in  section  1  was  filed,  all  moneys  in  their  possession  belong- 
ing to  the  district.  Said  last-named  treasurer  is  authorized  and  required 
to  receive  and  receipt  for  the  same,  and  to  place  the  same  to  tho 
credit    of   the    district.     All   moneys   of   the   district   received   from   any 

source  shall  be  by  him  placed  in  a'  fund  to  be  called  the  joint  levee 

district   of  and  counties.     [New   section   approved   April   23, 

1911;  Stats.  1911,  p.  1213.] 

ACT  1923. 

An  act   authorizing  levee   districts   of  the   state   to   incur   a  bomled   in- 

•    debtedness   for   the   purpose   of   building,   constructing,   or   repairing 

•   levees    of   the   district;    or   for   excavating   and   constructing   ditchos 

or  canals   of  such    districts;   or   for  the  purpose   of  acquiring  rights 

of  way  for  any  such  levees,  ditches,  or  canals;   or  for  any  ;iiici   .ull 

of   said   purposes. 

[Approved  March  8,  1911.     Stats.  1911,  p.  303.] 

Levee  district  may  issue  bonds.    Report  of  engineer. 

§  1.  Any  levee  district  formed  or  organized  by  or  undi-r  the  laws 
of  California,  may  incur  a  bonded  indebtedness  for  the  jmrpoHC  of  Ixiild- 
ing,  constructing,  or  repairing  the  levee  or  levees  of  such  diHtrict;  or 
in  excavating  or  constructing  any  ditches  or  canals  of  such  district;  or 


Act  1923,  §§  2,  3  GENERAL   LAWS.  1392 

for  the  purpose  of  acquiring  rights  of  way  for  any  such  levee,  or  ditches, 
or  canals;  or  for  any  and  all  of  said  purposes.  Such  indebtedness  shall 
be  incurred  in  the  following  manner,  to  wit: 

Whenever  it  shall  become  necessary  in  the  opinion  of  the  board  of 
trustees  or  directors  of  any  such  levee  district  to  build,  construct,  or 
repair  any  levee  for  the  protection  of  the  lands  of  the  district  from  over- 
flow; or  to  excavate  or  construct  any  ditches  or  canals  for  the  purpose 
of  draining  the  lands  of  the  district  or  any  part  thereof;  or  for  acquiring 
rights  of  way  for  either  of  such  purposes,  the  trustees  or  directors  of 
such  levee  district  shall,  by  resolution,  employ  some  civil  engineer,  and 
direct  him  to  make  a  report  in  writing  to  said  board  of  trustees  or  di- 
rectors, containing  his  recommendations  as  to  the  best  method  of  doing 
said  work.     Said  report  shall  show: 

1.  A  description  of  the  work  to  be  done. 

2.  The  plans,  profiles,  cross  sections  and  specifications  of  the  work  re- 
quired. 

3.  A  general  description  of  the  lands  required  for  rights  of  way  for 
the  work,  if  any  such  are  required. 

4.  An  estimate  of  the  expense  of  such  work,  including  an  estimate 
of  the  cost  of  acquiring  rights  of  way  for  such  work,  should  such  rights 
of  way  be  required. 

5.  An  estimate  of  all  incidental  expenses  likely  to  be  incurred  in  con- 
nection with  the  work,  such  as  clerical,  engineering,  inspection,  printing 
and  advertising. 

Adoption  of  report. 

§  2.  After  the  repott  of  the  engineer  provided  for  in  the  next  pre- 
ceding section  has  been  filed  with  the  board  of  trustees  or  directors  of 
such  levee  district,  said  board  shall  consider  the  same  and  shall  have 
power,  by  resolution,  to  adopt  the  same  as  filed  by  said  engineer,  or  to 
modify  or  change  the  same,  and  to  adopt  the  same  as  so  modified  or 
changed;  and  said  report  shall  be  adopted  as  originally  presented  if  not 
modified  or  changed,  but  if  modified  or  changed  it  shall  be  adopted  as  so 
modified   or  changed. 

Notice  to  taxpayers.     Publication  of  notice. 

§  3.  Within  ten  days  after  the  adoption  of  the  report  as  provided 
in  section  2  of  this  act,  the  board  of  trustees  or  directors  of  such  levee 
district  shall  give  notice  thereof  to  all  taxpayers  of  the  district.  Such 
notice  shall  specify  a  day  and  hour  when  and  where  any  and  all  persons 
may  appear  before  said  board  and  show  cause,  if  any  they  have,  why 
said  work  provided  for  in  said  report  should  not  be  carried  out  in  accord- 
ance therewith,  said  time  to  be  not  less  than  thirty  nor  more  than  sixty 
days  from  the  adoption  of  said  report. 

Said  notice  shall  briefly  outline  the  proposed  work,  and  shall  refer  to 
the  said  report  on  file  with  said  board  for  a  particular  description  of  the 
vs'ork   to   be   done.     Such   notice   shall   be   conspicuously  posted  iu   three 


1393  LEVEE  DISTRICTS.  Act  1923,  §§  4, 5 

of  the  most  public  places  within  said  district,  and  published  in  some 
newspaper  printed  and  published  in  the  county  where  said  district  is 
situated;  or  if  said  district  is  situated  in  more  than  one  county,  then 
in  a  newspaper  printed  and  published  in  each  of  the  counties  wherein 
any  portion  of  said  district  is  situated,  for  a  period  of  three  weeks  prior 
to  the  day  of  hearing. 

Affidavit  of  publisher.     Objections. 

§  4.  At  the  time  mentioned  in  the  notice  provided  for  in  section  3 
of  this  act,  to  wit:  At  the  time  specified  in  said  notice,  at  which  the 
taxpayers  of  the  district  are  notified  to  appear  before  the  board  to  show 
cause  why  the  work  provided  for  in  the  report  adopted  by  the  board 
should  not  be  carried  out,  there  shall  be  filed  with  said  board  au  affidavit 
that  such  notice  has  been  posted  as  provided  for  in  said  section  3,  and 
an  affidavit  of  the  printer  or  publisher,  or  the  principal  clerk  of  such 
printer  or  publisher  of  the  newspaper  or  newspapers  in  which  said  notice 
has  been  published,  showing  that  such  notice  has  been  published  as  pro- 
vided for  by  said  section  3.  Said  board  of  trustees  or  directors,  before 
proceeding  with  said  hearing,  shall  cause  to  be  entered  upon  the  minutes 
of  the  meeting  an  order  reciting  that  such  notice  of  said  hearing  has 
been  posted  and  published  according  to  law,  and  such  recitals  shall  be 
conclusive  evidence  of  the  facts  therein  recited.  Said  board  shall  there- 
upon proceed  with  the  hearing  of  any  objections  which  shall  have  been 
made  in  writing  and  filed  with  said  board  not  later  than  the  hour  fixed 
for  said  hearing  as  specified  in  said  notice,  and  no  other  objections  shall 
be  considered.  Said  hearing  may  be  continued  from  time  to  time  by 
said  board,  and  all  parties  interested  shall  be  deemed  to  have  notice  of 
said  continuances.  All  objection  to  the  performance  of  the  work  speci- 
fied in  said  report  must  be  in  writing,  and  must  state  the  objector's 
grounds  of  opposition  and  must  be  signed  by  the  objector;  and  objections 
which  do  not  comply  with  these  requirements  shall  not  be  considered  by 
said  board. 

Board  may  confirm  resolution.     Report  of  engineer. 

§  5.  At  the  close  of  the  hearing  provided  for  in  section  4  of  this  act, 
the  board  of  trustees  or  directors  of  such  levee  district  shall  have  power 
to  set  aside,  modify,  or  confirm  the  resolution  provided  for  in  section 
2  of  this  act;  in  case  the  board,  after  such  hearing,  shall  decide  that  it 
will  be  for  the  best  interest  of  the  district  to  proceed  with  the  work,  it 
shall,  by  resolution,  so  declare;  and  in  case  the  said  original  plan  of 
the  work  shall  have  been  modified  or  changed  after  such  hearing,  the 
board  shall  direct  the  engineer  of  the  district  to  estimate  the  cost  of  the 
work  in  accordance  with  the  plan  so  modified  or  changed,  and  to  report 
the  same  to  the  board.  The  engineer  of  the  district  shall  thereupon,  in 
case  such  original  plan  shall  have  been  changed  or  modified,  make  a 
report  to  the  board  in  accordance  with  the  modifications  or  changes 
adopted  by  it,  and  such  report  must  show: 


Act  1923,  §§  6,  7  GENERAL  LAWS.  1394 

1.  A  description  of  the  work  to  be  done  as  changed  or  modified  by  the 
board  after  said  hearing. 

2.  The  plans,  profiles,  cross-sections  and  specifications  of  the  work  as 
so  changed  and  modified  by  the  board. 

3.  A  general  description  of  the  lands  required  for  rights  of  way  for  the 
work,  if  any  such  are  required. 

4.  An  estimate  of  the  expense  of  such  work  in  accordance  with  the 
plan  so  modified  or  changed  by  the  board,  including  an  estimate  of  the 
cost  of  acquiring  rights  of  way  for  such  work,  should  any  such  rights 
of  way  be  required. 

5.  An  estimate  of  all  incidental  expenses  likely  to  be  incurred  in  con- 
nection with  the  work  as  planned,  such  as  clerical,  engineering,  inspec- 
tion, printing  and  advertising. 

Eeapproval  of  report. 

§  6.  If,  after  the  hearing  provided  for  in  section  4  of  this  act,  the 
report  of  the  engineer  as  finally  adopted  under  the  provisions  of  section 
2  of  this  act,  has  not  been  changed  or  modified  by  said  board,  the  board 
shall,  by  resolution,  finally  reapprove  and  readopt  said  report  in  all 
respects  as  approved  and  adopted  under  the  provisions  of  said  section  2; 
in  case,  after  such  hearing,  the  report  of  the  engineer  as  finally  adopted 
under  the  provisions  of  said  section  2  has  been  changed  or  modified  by 
said  board,  the  board  shall,  by  resolution,  finally  reapprove  and  readopt 
said  report  as  so  changed  or  modified;  and  in  either  case  the  resolution 
reapproving  and  readopting  said  report  shall  state  the  amount  of  the 
entire  estimate  of  the  expense  of  such  work. 

Bonds,  amount,  rate  of  interest,  etc.  Bond  election.  Election  officials. 
Canvass  of  returns.  Bonds,  form  of,  etc. 
§  7.  The  board  of  trustees  or  directors  of  such  levee  district  shall, 
by  order  entered  upon  the  minutes  of  said  board,  specify  the  amount 
of  bonds  which  it  is  proposed  to  issue,  which,  in  any  case,  shall  not 
exceed  the  entire  estimate  of  the  expense  of  the  work  as  planned,  the 
rate  of  interest  to  be  paid  and  the  number  of  years,  not  exceeding  twenty, 
the  whole  or  any  part  of  said  bonds  are  to  run;  and  said  order  shall 
further  provide  for  submitting  the  question  of  the  issuance  of  said  bonds 
to  the  taxpayers  of  the  district,  at  an  election  to  be  called  by  the  board 
for  that  purpose,  and  the  words  to  appear  upon  the  ballot  shall  be: 
"Bonds — Yes"  and  "Bonds — No,"  or  words  of  similar  import,  together 
with  a  general  statement  of  the  amount  and  purpose  of  the  bonds  to  be 
issued.  Said  order  shall  name  a  time  and  place  of  holding  such  election, 
which  place  shall  be  at  some  convenient  place  in  the  district.  The 
board  shall  appoint  one  inspector,  two  judges,  and  one  clerk  to  conduct 
said  election,  all  of  whom  must  be  electors  and  taxpayers  of  the  district. 
Notice  of  such  election  shall  be  given  by  publication  in  a  newspaper 
published  in  the  county  in  which  such  district  or  some  part  thereof  is 
situated,  once  a  week  for  at  least  four  weeks  prior  to  said  election. 
Such  notice  must   contain  the  time   and  place  of   holding  such   election, 


1395  LEVEE  DISTRICTS.  Act  1923.  §  7 

the  names  of  the  election  officers  to  conduct  the  same,  the  amount  and 
denominatiou  of  the  bonds,  the  rate  of  interest  to  be  paid,  and  the 
number  of  years,  not  exceeding  twenty,  the  whole  or  any  part  of  such 
bonds  are  to  run.  If  any  election  officer  appointed  by  said  board  and 
named  in  such  notice  is  not  present  at  the  time  for  opening  of  the  polls, 
the  voters  present  may  appoint  an  election  officer  to  take  the  place  of 
such  election  officer  so  absent.  Before  opening  the  polls,  each  officer 
of  election  must  take  and  subscribe  an  oath  to  faithfully  perform  the 
duties  imposed  upon  him  by  law.  Any  voter  of  the  district  may  admin- 
ister and  certify  such  oath.  At  such  election  any  voter  qualified  to- 
vote  for  the  election  of  officers  of  said  district,  and  none  other,  shall  be 
permitted  to  vote  thereat j  and  such  election  shall  be  held  as  nearly  as 
practicable  in  conformity  with  the  general  election  law  of  the  state, 
except  that  registration  shall  not  be  required;  and  except,  also,  that 
persons  voting  at  such  bond  election  shall  put  a  cross  (X)  upon  their 
ballots  with  pencil  or  ink,  after  the  words  "Bonds — Yes"  or  "Bonds — 
No"  (as  the  case  may  be),  to  indicate  whether  they  have  voted  for  or 
against  the  issuance  of  bonds;  and  except,  also,  that  the  returns  of 
such  election  shall  be  canvassed  and  the  result  declared  by  the  board 
of  supervisors  of  the  county  in  which  such  election  is  held,  at  the  next 
regular  meeting  of  said  board  after  such  election.  No  ballot  shall  be 
rejected  because  of  any  distinguishing  marks  made  thereon.  If  a 
majority  of  the  voters  of  the  district  voting  at  such  election  shall  vote 
in  favor  of  issuance  of  bonds,  the  board  of  trustees  or  directors  of  said 
levee  district  must  proceed  to  issue  the  amount  of  bonds  specified. 
Said  board  of  trustees  or  directors,  by  an  order  or  resolution  entered 
upon  its  minutes,  shall  prescribe  the  form  of  said  bonds,  and  of  tiie 
interest  coupons  attached  thereto,  and  fix  the  time  when  the  whole  or 
any  part  of  the  principal  of  said  bonds  shall  be  payable,  which  shall  not 
be  more  than  twenty  years  from  the  date  thereof;  and  said  bonds  shall 
be  issued  in  sums  of  not  less  than  one  hundred  dollars  nor  more  thati 
ojje  thousand  dollars  each,  and  shall  have  not  more  than  twenty  years 
to  run,  and  shall  bear  interest  at  a  rate  not  exceeding  seven  per  cent 
per  annum,  payable  semi-annually;  and  said  bonds  shall  be  substantially 
in  the  following  form: 

No.  (Name  of  district)  , 

In  the  county  of ,  State  of  California. 

For  value  received,  promises  to  pay  ,  or  order,  at  the  office  of  the 

treasurer  of  said  district,  in  ,  California,  on  or  before  the  first   day 

of  ,  19—,  the  sum  of  dollars,  in  gold  coin  of  the  United  States, 

with   interest   at  the   rate   of  per   cent  per   annum,  payable   at   the 

office  of  said  treasurer  semi-annually,  on  the  first  day  of  and  *• 

in    each   year,    on    presentation    and    surrender    of    the    interest    coupons 

hereto  attached.     This  bond  is  issued  by  the  board  of of  said  di.strirt 

in   conformity   with   a   resolution   of  said   board,   dated    the   day    of 

• nineteen   hundred   and  ,   and   under   authority   conferred    upon 


Act  1923,  §§  8,  9  GENERAL   LAWS.  '  1396 

said  board  by  the  provisions  of  an  act  of  the  legislature  of  California 
entitled  "An  act  authorizing  levee  districts  of  the  state  to  incur  a 
bonded  indebtedness  for  the  purpose  of  building,  constructing,  or  re- 
pairing levees  of  the  district;  or  for  excavating  and  constructing  ditches 
or  canals  of  such  districts;  or  for  the  purpose  of  acquiring  rights  of  way 
for  any  such  levees,  ditches  or  canals;  or  for  any  and  of  all  said  pur- 
poses." 

Approved  (insert  date  of  approval  of  the  act). 

In   testimony    whereof,  the    said    district,   by    its    board  of  has 

caused  this  bond  to  be  signed  by  the  chairman  of  said  board,  and  attested 

by  the  auditor  of county,  with  his  seal  of  office  attached,  this  

day  of  ,  19 — . 

> 
Chairman  of  said  board. 

Attest:  ,  Auditor  of  county. 

And  the  interest  coupons  shall  be  in  the  following  form: 

The  treasurer  of  (name  of  district)   will  pay  to  the  holder  hereof,  on 

the  day  of ,  19 — ,  at  his  office  in  ,  — ^ —  dollars,  gold  coin, 

for  interest  on  bond  of  said  district  numbered  . 

Bonds  to  be  numbered  and  signed. 

§  8.  Bonds  issued  under  this  act  shall  be  numbered  consecutively, 
signed  by  the  chairman  of  the  board  of  directors  or  trustees,  as  the  case 
may  be,  and  delivered  to  the  auditor  of  the  county  in  which  the  levee 
district  is  situated;  or  if  situated  in  more  than  one  county,  then  to  the 
auditor  of  the  county  in  which  the  greater  portion  of  said  district  is 
situated,  who  shall  countersign  the  same  and  affix  thereto  his  official 
seal,  and  shall  by  him  be  delivered  to  the  treasurer  of  the  district,  who 
sliall  deliver  to  such  auditor  his  receipt  therefor,  and  said  treasurer 
shall  stand  charged  on  his  official  bond  with  all  the  bonds  delivered  to 
him  and  the  proceeds  thereof,  and  he  shall  sell  the  same  to  the  highest 
bidder  for  cash  in  gold  coin  of  the  United  States,  but  in  no  event  for  ^ 
less  sum  than  the  face  value  of  the  bonds  and  all  interest  accrued 
thereon,  at  the  date  of  such  sale.  All  moneys  realized  from  the  sale  of 
said  bond  shall  be  placed  in  the  treasury  of  the  district,  and  shall  not 
be  expended  for  any  purpose  other  than  in  the  payment  of  the  expense 
of  the  work  for  which  such  bonded  indebtedness  was  incurred,  as  speci- 
fied in  section  1  of  this  act. 

The  treasurer  of  the  district  shall  keep  a  record  of  all  bonds  sold  by 
him,  by  number,  date  of  sale,  amount,  date  of  maturity,  and  the  name 
and  postoffice  address  of  the  purchaser,  which  record  shall  be  open  at 
all  times  for  public  inspection. 

Tax  levy. 

§  9.  The  board  of  directors  or  trustees  shall  cause  to  be  assessed 
and  levied  each  year  upon  the  assessable  property  of  the  district,  in 
addition  to  the  levy  authorized  for  other  purposes,  a  sufficient  sum   to 


1397  LIBEL.  Act  1931 

pay  the  interest  on  outstanding  bonds,  issued  in  conformity  with  the 
provisions  of  this  act,  accruing  before  the  next  annual  levy,  and  such 
proportion  of  the  principal,  that  at  the  end  of  five  years  the"  sum  raised 
from  such  levies  shall  equal  at  least  twenty  per  cent  of  the  amount  of 
bonds  issued,  at  the  end  of  nine  years  at  least  forty  per  cent  of  the 
amount,  and  at  and  before  the  date  of  maturity  of  the  bonds  shall  be 
equal  to  the  whole  amount  of  the  principal;  and  the  money  arising 
from  such  levies  shall  be  known  as  the  bond  fund,  and  shall  be  used 
for  the  payment  of  bonds  and  interest  coupons,  and  for  no  other  purpose 
whatever;  and  the  treasurer  shall  open  and  keep  in  his  books  a  separate 
and  special  account  thereof,  which  at  all  times  shall  show  the  exact 
condition  of  said  bond  fund. 

Redemption  of  bonds. 

§  10.  Whenever  there  shall  be  in  the  bond  fund  of  such  district  a 
surplus  of  five  hundred  dollars  or  more,  over  and  above  the  interest 
maturing  before  the  next  levy,  the  treasurer  shall  give  notice  for  two 
weeks  in  one  or  more  newspapers  of  general  circulation,  printed  ani^j 
published  in  the  county  in  which  such  district  is  situated,  stating  the 
amount  of  such  surplus,  and  that  on  the  day  and  hour  named  in  such 
notice,  sealed  proposals  will  be  received  at  his  office  for  the  surrender 
of  bonds  of  the  district,  and  shall  at  the  time  and  place  named  open  the 
proposals  and  accept  the  lowest  bid;  provided,  that  no  bid  shall  be 
accepted  for  an  amount  exceeding  the  par  value  of  such  bonds  with 
accrued  interest;  if  bids  are  not  offered  at  par,  or  less,  sufficient  to 
exhaust  the  amount  on  hand  applicable  to  redemption,  the  treasurer  shall 
publish  for  the  same  time  and  in  the  same  manner  a  notice  that  he  will 
redeem  a  bond  or  bonds  of  said  district,  giving  the  number  or  numl)iMs 
thereof,  and  that  if  not  presented  for  redemption  within  thirty  days 
after  the  date  of  the  first  publication  of  such  notice,  the  interest  thereon 
will  cease,  and  the  amount  due  thereon  will  be  set  aside  for  the  pay- 
ment of  such  bond  or  bonds  whenever  presented.  If  any  such  bond  bo 
not  so  presented,  interest  thereon  shall  cease,  and  the  amount  due  thereon 
shall  be  set  aside  as  specified  in  said  notice.  All  redemption  of  bonds 
other  than  those  voluntarily  surrendered  shall  be  made  in  the  exact 
order  of  their  issuance,  beginning  with  the  lowest  or  first  number. 

§  11,     This  act  shall  take  effect  immediately. 

TITLE  277. 
LIBEL. 
ACT  1931. 

Citations.     App.   16/309. 


Act  1943,  §§  1-3  GENERAL   LAWS.  1398 

TITLE  278. 

LICENSES. 
ACT  1943. 

An  act  to  provide  for  the  licensing,  inspecting  and  regulating  of 
maternity  hospitals  or  lying-in  asylums,  and  institutions,  board- 
ing-houses and  homes  for  the  reception  and  care  of  children,  by 
the  state  board  of  charities  and  corrections,  and  providing  a 
penalty  for  the  violation  of  the  provisions  of  this  act. 
[Approved  April  23,  1913.     Stats.  1913,  p.  73.] 

License  for  maternity  hospitals. 

§  1.  No  person,  association,  or  corporation  shall  hereafter  maintain 
or  conduct  in  this  state  any  maternity  hospital  or  lying-in  asylum 
where  females  may  be  received,  cared  for  or  treated  during  pregnancy, 
or  during  or  after  delivery;  or  any  institution,  boarding-house,  home 
or  other  place  conducted  as  a  place  for  the  reception  and  care  of  chil- 
dren, without  first  obtaining  a  license  or  permit  therefor,  in  writing, 
from  the  state  board  of  charities  and  corrections,  such  permit  or  license 
once  issued  to  continue  until  revoked  for  cause  after  a  hearing. 

Rules  for  government. 

§  2.  Tiie  state  board  of  charities  and  corrections  is  hereby  au- 
thorized to  issue  licences  or  permits  to  persons  or  associations  to  con- 
duct maternity  hospitals,  lying-in  asylums,  or  homes  for  children,  as 
provided  in  section  1  of  this  act,  and  to  prescribe  the  conditions  upon 
which  such  licenses  or  permits  shall  be  granted,  and  such  rules  and 
regulations  as  it  may  deem  best  for  the  government  and  regulation 
of  maternity  hospitals,  lying-in  asylums  and  institutions,  boarding- 
houses,  or  homes  for  the  reception  and  care  of  children,  and  said  board 
is  further  authorized,  by  one  or  more  of  its  members,  secretary,  or 
duly  authorized  representative,  to  inspect  and  report  upon  the  condi- 
tions prevailing  in  all  such  institutions. 

Penalty. 

§  3.  Any  person  who  maintains  or  conducts,  or  assists  in  maintain- 
ing or  conducting  as  manager  or  officer,  any  maternity  hospital,  lying-in 
asylum,  or  any  institution,  boarding-house,  home  or  other  place  con- 
ducted as  a  place  for  the  reception  and  care  of  children,  or  who  keeps 
at  any  such  place  any  child  under  the  age  of  twelve  years,  not  his 
relative,  apprentice  or  ward,  without  first  having  obtained  a  license 
or  permit  therefor  in  writing,  as  provided  in  section  1  of  this  act, 
shall  be  punished  upon  conviction  by  imprisonment  in  the  county  .iail 
for  not  more  than  one  j'ear,  or  by  a  fine  not  to  exceed  five  hundred 
dollars,  or  both  a  fine  and  imprisonment  may  be  imposed  at  the  dis- 
cretion of  the  court. 


1399  LONG  BEACH.  Acts  1973, 1974 

TITLE  283a. 

LONG  BEACH. 
ACT  1973. 

Charter  of  Long  Beach.     [Stats.   1907,   p.   1176.] 

Reference  to  the  charter  of  Long  Beach  is  made  in  this  supplement  because 
it  was  unintentionally  omitted  from   the   General   Laws  of   1909.- 

Citations.  Cal.  155/609.  App.  17/294,  295;  (§  3)  17/292  294-  (§  18) 
17/293;    (§    21)    17/293,   294,    295. 

ACT   1974. 

An  act  granting  to  the  city  of  Long  Beach  the  tide  lands  and  submerged 

lands  of  the  state  of  California   within   the  boundaries  of  the  said 

city. 

[Approved  May  1,  1911.     Stats.  1911,  p.  1304.] 

Tide  lands  granted  to  Long  Beach.     Purposes  for  which  lands  may  be 

used.     Harbor  improved  without  expense  to  state.     Discrimination 

in  rates.     Right  to  fish  reserved. 

§  1.     There  is  hereby  granted  to  the  city  of  Long  Beach,  a  municipal 

corporation  of  the  state  of  California,  and  to  its  successors,  all  the  right, 

title  and  interest  of  the  state  of  California,  held  by  said  state  by  virtue 

of   its   sovereignty,   in   and   to   all   the   tide   lands    and   submerged    lands, 

whether  filled  or  unfilled,  within  the  present  boundaries  of  said  city,  and 

situated  below  the  line  of  mean  high  tide  of  the  Pacific  ocean,  or  of  any 

harbor,  estuary,  bay  or  inlet  within  said  boundaries,  to  be  forever  held 

by  said  citj',  and  by  its  successors,  in  trust  for  the  uses  and  purposes, 

and   upon    the    express    conditions   following,    to    wit: 

(a)  That  said  lands  shall  be  used  by  said  city  and  by  its  successors, 
solely  for  the  establishment,  improvement  and  conduct  of  a  harbor,  and 
for  the  construction,  maintenance  and  operation  thereon  of  wharves, 
docks,  piers,  slips,  quays,  and  other  utilities,  structures  and  appliances 
necessary  or  convenient  for  the  promotion  and  accommodation  of  com- 
merce and  navigation,  and  said  city,  or  its  successors,  siiall  not,  at  any 
time,  grant,  convey,  give  or  alien  said  lands,  or  any  part  thereof,  to 
any  individual,  firm  or  corporation  for  any  purpose  wliatsoover;  pro- 
vided, that  said  city,  or  its  successors,  may  grant  franchises  thereon,  for 
limited  periods,  for'wharves  and  other  public  uses  and  purposes,  and  may 
lease  said  lands,  or  any  part  thereof,  for  limited  periods,  for  purposes 
consistent  with  the  trusts  upon  which  said  lands  are  held  by  the  state  of 
California  and  with  the  requirements  of  commerce  or  navigation  at 
said  harbor; 

(b)  That  said  harbor  shall  be  improved  by  said  city  without  expense 
to  the  state,  and  shall  always  remain  a  public  harbor  for  all  imrpoHcs 
of  commerce  and  navigation,  and  the  state  of  California  sliall  liavo,  ut 
all  times,  the  right  to  use,  without  charge,  all  vvjiarves,  docks,  piers,  slips, 
quays  and  other  improvements   constructed   on   said   lands,   or   any   part 


Acts  1975-1991  general,  laws,  1400 

thereof,  for  any  vessel  or  other  water  craft,  or  railroad,  owned  or  oper- 
ated by  the  state  of  California; 

(c)  That  in  the  management,  conduct  or  operation  of  said  harbor, 
or  of  any  of  the  utilities,  structures  or  appliances  mentioned  in  para- 
graph (a),  no  discrimination  in  rates,  tolls,  or  charges,  or  in  facilities, 
for  any  use  or  service  in  connection  therewith  shall  ever  be  made,  author- 
ized or  permitted  by  said  city  or  by  its  successors; 

Reserving,  however,  in  the  people  of  the  state  of  California  the  ab- 
solute right  to  fish  in  the  waters  of  said  harbor,  with  the  right  of  con- 
venient access  to  said  waters  over  said  lands  for  said  purpose. 

TITLE  284. 

LOS  ANGELES  CITY. 
ACT  1975. 

Charter  of  Los  Angeles.  [Stats.  1889,  p.  455.] 
Amended  1903,  p.  555;  1905,  p.  930;  1907,  p.  1160;  1909,  p.  1289;  1911, 
p.  2051;  1913,  p.  1629. 

Citations.  Cal.  155/119;  157/147,  149,  150,  151,  152;  158/752;  160/30, 
44,  45,  129,  130,  317,  323,  324,  800,  802;  161/23.  24,  25,  26,  27,  28,  619; 
163/457,  459,  460,  621,  628,  629.   App.  8/610,  611;  15/448,  449. 

ACT  1989. 

An  act  to  provide  for  the  dedication  to  public  use  for  street  purposes 
of  certain  lands  of  the  state  normal  school  at  Los  Angeles;  to  pre- 
scribe the  conditions  of  such  dedication;  to  authorize  and  empower 
the  board  of  trustees  of  said  state  normal  school  to  convey  said 
lands  to  the  city  of  Los  Angeles  to  public  use  for  street  purposes, 
and  to  authorize  and  empower  said  board  of  trustees  to  make  cer- 
tain changes,  alterations  and  repairs  in  the  buildings  and  other 
improvements  upon  the  lands  of  said  state  normal  school  arising 
out  of  such  dedication.  [Approved  April  15,  1909;  Stats.  1909, 
p.  931.] 
Repealed  April  26,  1913    (Stats.   1913,  p.  105). 

ACT  1991. 

An  act  granting  to  the  city  of  Los  Angeles  the  tide  lands  and  submerged 
lands  of  the  state  within  the  boundaries  of  the  said  city. 
[Approved  May  1,  1911.     Stats.  1911,  p.  1256.] 

Tide  lands  granted  to  Los  Angeles.     Purposes  for  which  lands  may  be 

used.     Harbor  improved  without  expense  to   state.     Discrimination 

in  rates.     Right  to  fish. 

§  1.     There  is  hereby  granted  to  the  city  of  Los  Angeles,  a  municipal 

corporation  of  the  state  of  California,  and  to  its  successors,  all  the  right, 

title  and  interest  of  the  state  of  California,  held  by  said  state  by  virtue 

of  its  sovereignty,  in  and  to  all  tide  lands  and  submerged  lands,  whether 


1401  LOS  ANGELES  CITY.  Act  1991a,  §  1 

filled  or  unfilled,  within  the  present  boundaries  of  said  city,  and  situated 
below  the  line  of  mean  high  tide  of  the  Pacific  ocean,  or  of  any  harbor, 
estuary,  bay  or  inlet  within  said  boundaries,  to  be  forever  held  by  said 
city,  and  its  successors,  in  trust  for  the  uses  and  purposes,  and  upon 
the  express  conditions,  following,  to  wit: 

(a)  That  said  lands  shall  be  used  by  said  city,  and  by  its  successors, 
solely  for  the  establishment,  improvement  and  conduct  of  a  harbor, 
and  for  the  construction,  maintenance  and  operation  thereon  of  wharves, 
docks,  piers,  slips,  quays  and  other  utilities,  structures  and  appliances 
necessary  or  convenient  for  the  promotion  and  accommodation  of  com- 
merce and  navigation,  and  said  city,  or  its  successors,  shall  not,  at  any 
time,  grant,  convey,  give  or  alien  said  lands,  or  any  part  thereof,  to 
any  individual,  firm  or  corporation  for  any  purpose  whatsoever;  pro- 
vided, that  said  city,  or  its  successors,  may  grant  franchises  thereon  for 
limited  periods,  for  wharves  and  other  public  uses  and  purposes,  and  may 
lease  said  lands,  or  any  part  thereof,  for  limited  periods,  for  purposes 
consistent  with  the  trusts  upon  which  said  lands  are  held  by  the  state 
of  California,  and  with  the  requirements  of  commerce  or  navigation  at 
said  harbor; 

(b)  That  said  harbor  shall  be  improved  by  said  city  without  expense 
to  the  state,  and  shall  alwaj's  remain  a  public  harbor  for  all  purposes 
of  commerce  and  navigation,  and  the  state  of  California,  shall  have,  at 
all  times,  the  right  to  use,  without  charge,  all  wharves,  docks,  piers, 
slips,  quays  and  other  improvements  constructed  on  said  lands,  or  any 
part  thereof,  for  any  vessel  or  other  watercraft,  or  railroad,  owned  or 
operated  by  the  state  of  California; 

(c)  That  in  the  management,  conduct  or  operation  of  said  harbor,  or 
of  any  of  the  utilities,  structures  or  appliances  mentioned  in  paragraph 
(a),  no  discrimination  in  rates,  tolls,  or  charges,  or  in  facilities,  for  any 
use  or  service  in  connection  therewith  shall  ever  be  made,  authorized 
or  permitted  by  said  city,  or  by  its  successors; 

Eeserving,  however,  in  the  people  of  tlie  state  of  California,  the  abso- 
lute right  to  fish  in  the  wharves  of  said  harbor,  with  the  right  of  con- 
venient access  to  said  waters  over  said  lands  for  said  purposes. 

§  2.     This  act  shall  take  effect  immediately. 
Citations.      Cal.   161/619. 

ACT  1991a. 

An  act  dedicating  certain  land  in  the  city  of  Los  Angeles  for  the  pur- 
pose of  widening  Vermont  avenue,  and  directing  the  board  of 
trustees  of  the  state  normal  school  at  Los  Angeles  to  convey  tin- 
same  to  the  city  of  Los  Angeles  for  that  purpose. 

[Approved  June  5,  1913.     Stats.  1913,  p.  387.] 

Los  Angeles  normal  school  land  dedicated  for  widening  Vermont  aventie. 

§  1.     There  is  hereby  dedicated  to  the  i)iil>lic  f..r  the  piirpos,.  of  whI.-h 
ing   Vermont   avenue   'in    the    city    of   Los    Angeles,    that   portion    of    llu- 


'Acts  1991b,  1991c  general  laws.  1402 

school  lands  of  the  state  normal  school  at  Los  Angeles  described  as  fol- 
lows, to  wit:  A  strip  twenty  (20)  feet  in  width  lying  along  the  west  side 
of  and  adjacent  to  Vermont  ayenue  between  Monroe  street  and  Willow- 
brook  avenue. 

Conveyance  by  board  of  trustees. 

§  2.  The  board  of  trustees  of  said  state  normal  school  are  authorized 
and  directed  to  deliver  to  said  city  of  Los  Angeles,  a  conveyance  of 
said  described  strip  of  land,  to  be  used  for  the  purpose  aforesaid,  and 
to  cause  the  said  conveyance  to  be  executed  by  its  president  or  any 
member  of  the  board  whom  they  may  designate  for  that  purpose,  and  to 
be  attested  by  its  secretary  under  the  seal  of  the  said  board. 

ACT  1991b, 

An  act  making  an  appropriation  for  furnishing,  equipping  and  main- 
taining the  exposition  building  at  Los  Angeles.  California,  and  for 
establishing  and  maintaining  a  permanent  exhibit  therein  of  the 
products  and  resources  of  the  different  counties  of  the  state  of  Cal- 
ifornia. 

[Approved  June  16,  1913.     Stats.  1913,  p.  11.56.] 

Appropriation:  Exhibition  building  and  exhibit,  Los  Angeles. 

§  1.  The  sum  of  sixty  thousand  ($60,000)  dollars  is  hereby  appro- 
priated out  of  any  moneys  in  the  sta^e  treasury,  not  otherwise  appro- 
priated, for  the  objects  hereinafter  specified,  to  wit:  furnishing,  equip- 
ping and  maintaining  the  exposition  building,  located  in  agricultural 
park,  otherwise  known  as  Exposition  park,  in  the  city  of  Los  Angeles, 
California,  and  for  the  installation,  equipment  and  maintenance  of  a 
permanent  exhibit  therein  of  the  products  and  resources  of  the  different 
counties  of  the  state  of  California. 

When  available. 

§  2.  Of  the  moneys  hereby  appropriated  the  sum  of  thirty  thousand 
($30,000)  dollars  shall  become  available  for  the  fiscal  year  beginning 
July  1,  1913,  and  the  sum  of  thirty  thousand  ($30,000)  dollars  shall  be- 
come available  on  and  after  July  1,  1914. 

§  3.  The  state  controller  is  hereby  authorized  and  directed  to  draw 
his  warrants  in  favor  of  the  board  of  directors  of  the  sixth  district 
agricultural  association  for  the  amounts  herein  made  payable,  as  pro- 
vided herein,  in  such  amounts  and  at  such  times  as  may  be  approved  b}' 
the  state  board  of  control,  and  the  state  treasurer  is  hereby  directed  to 
pay  the  same. 

ACT  1991c. 

Ad  act  declaring  that  all  tide  lands  and  submerged  lands  within  the 
boundaries  of  the  city  of  Los  Angeles  are  required,  and  requiring 
such  lauds,  for  public  purposes  of  commerce,  navigation  and  fishing, 


1403  MANUFACTURES.  Acts  1992, 2062 

and  for  purposes  in  aid  thereof,  and  ratifying,  approving  and  con- 
firming the  acts  of  the  attorney  general  in  bringing  and  prosecuting 
certain  suits  in  the  name  of  the  people  of  the  state  of  California, 
for  the  purpose  of  quieting  title  to,  and  for  the  recovery  of  the 
possession  of  said  lands. 

[Approved   June   6,    1913.     Stats.   1913,   p.   413.] 

Tide  lands  within  Los  Angeles  city  required  for  public  use. 

§  1.  That  all  tide  lands  and  submerged  lands,  whether  filled  or  un- 
filled, within  the  present  boundaries  of  the  city  of  Los  Angeles,  a  mu- 
nicipal corporation  of  this  state,  and  situated  below  the  line  of  mean 
high  tide  of  the  Pacific  ocean,  or  of  any  harbor,  bay,  inlet,  estuary 
or  other  navigable  water  within  the  present  boundaries  of  said  city, 
are  hereby  declared  to  be,  and  the  same  are  hereby,  required  for  the 
public  purposes  of  commerce,  navigation  and  fishing,  and  for  purposes  iu 
aid  thereof. 

Attorney  general  to  bring  suit  for  recovery. 

§  2.  That  the  acts  of  the  attorney  general  of  this  state  in  bringing 
and  prosecuting  certain  suits  in  the  courts  of  this  state,  in  the  name  of 
and  in  behalf  of  the  people  thereof,  against  all  persons,  partnerships  or 
private  corporations  claiming  or  possessing  the  tide  lands  and  submerged 
lands  described  in  section  1  of  this  act,  for  the  purpose  of  quieting, 
in  the  state  of  California,  the  title  to  said  lands,  and  for  the  recovery 
of  possession  of  said  lands  by  said  state,  be  and  the  same  are  hereby 
ratified,  approved  and  confirmed. 

TITLE  285. 
LOS  ANGELES  COUNTY. 
ACT  1992. 

Charter   of.     [Adopted   at  the  election  held  November  5,  1912,  and   ap- 
proved by  the  legislature  in  1913.     Stats.  1913,  p.  1484.J 

TITLE  295. 
MANUFACTURES. 
ACT  2062. 


or  cast-off  clothing,  rags  or  cast-off,  or  second-hand  mutenals  of  any 
character,  so  that  the  label  or  stamp  shall  show  the  character  of  tho 
materials   with  which   such  articles  are   so   partly   made   or  alulTcd, 


Act  2063,  §§  1-3  GENERAL  LAWS.  1404 

and   making  the   violation   of   any   of   the   provisions   of  this   act,   a 
misdemeanor. 

[Approved  March  18,  1909.       Stats.  1909,  p.  400.] 
Amended   1911,   p.   88. 

The  amendment  of  1911  is  as  follows: 

Duty  of  labor  commissioner. 

§  3.  It  shall  be  the  duty  of  the  commissioner  of  the  bureau  of  labor 
statistics  to  enforce  the  provisions  of  this  act.  The  commissioner,  his 
deputies  and  agents  shall  have  all  powers  and  authority  of  sheriffs  to 
make  arrests  for  violations  of  the  provisions  of  this  act.  [New  section 
approved  March  1,  1911;  Stats.  1911,  p.  88.] 

ACT  2063. 

An  act  to  provide  for  the  registration  of  factories,  workshops,  mills  and 

other  manufacturing  establishments. 

[Approved   June   2,   1913.     Stats.    1913,   p.   444.] 

Registration  of  factories. 

§  1.  The  owner  of  any  factory,  workshop,  mill  or  other  manufactur- 
ing establishment,  where  five  or  more  persons  are  emploj'ed,  shall  register 
such  factory,  workshop,  mill  or  other  manufacturing  establishment  with 
the  bureau  of  labor  statistics,  giving  the  name  of  the  owner,  the  name 
under  which  the  business  is  carried  on,  the  location  of  the  plant,  the 
address  of  the  general  offices  or  principal  place  of  business  and  such 
other  information  as  the  commissioner  of  labor  shall  require.  Such  reg- 
istration of  existing  factories,  workshops,  mills  or  other  manufacturing 
establishments  shall  be  made  on  or  before  January  1,  1914.  All  fac- 
tories, workshops,  mills  or  other  manufacturing  establishments  hereafter 
established  shall  be  so  registered  within  thirty  days  after  the  commence- 
ment of  business.  Within  thirty  days  after  a  change  in  the  location  of 
a  factory,  workshop,  mill  or  other  manufacturing  establishment  the 
owner  thereof  shall  file  with  the  commissioner  of  the  bureau  of  labor 
statistics  the  new  address. 

Enforcement  of  act. 

§  2.  The  bureau  of  labor  statistics  shall  enforce  the  provisions  of 
this  act.  The  commissioner,  his  deputies  and  agents,  shall  have  all  the 
powers  and  authority  of  sheriffs  or  other  peace  officers,  to  make  arrests 
for  violations  of  the  provisions  of  this  act,  and  to  serve  any  process  or 
notice  throughout  the  state. 

Penalty. 

§  3.  Any  person,  firm  or  corporation  who  violates  or  omits  to  comply 
with  the  provisions  of  this  act  is  guilty  of  a  misdemeanor,  and  shall 
upon  conviction  thereof,  be  punished  by  a  fine  of  not  less  than  twenty- 


1405  MAPS.  Acts  2063a,  2064 

five  dollars  or  more  tlian  two  hundred  dollars,  or  by  imprisonment  for 
not  more  than  sixty  days,  or  by  both  such  fine  andimprisonment.  All 
fines  imposed  and  collected  under  the  provisions  of  this  act  shall  be  paid 
into  the  state  treasury  and  credited  to  the  contingent  fund  of  the  bureau 
of  labor  statistics, 

ACT  2063a. 

An  act  to  provide  for  the  keeping  of  medical  and  surgical  appliances  in 

factories. 
[Approved   May   19,   1913.     Stats.   1913,   p.   511.] 

Medical  chests  in  factories  required. 

§  1.  Every  person,  firm  or  corporation  operating  a  factory  or  shop, 
or  conducting  any  business  in  which  power  machinery  is  used  for  any 
manufacturing  purpose,  except  for  elevators  or  for  heating  or  hoisting 
apparatus,  where  five  or  more  persons  are  employed,  shall  at  all  times 
keep  and  maintain,  in  some  accessible  place  upon  the  premises  upon 
which  such  factory,  shop  or  business  is  located,  free  of  expense  to  the 
employees,  a  medical  or  surgical  chest  which  shall  contain  an  adequate 
assortment  of  absorbent  lint,  absorbent  cotton,  sterilized  gauze,  plain 
and  medicated,  adhesive  plaster,  cotton  and  gauze  bandages,  also  one 
tourniquet,  one  pair  scissors,  one  pair  tweezers,  one  jar  carbolized  petro- 
latum, one  bottle  antiseptic  solution,  and  one  first  aid  manual,  all  of 
which  shall  cost  not  less  than  six  dollars,  and  to  be  used  in  the  treat- 
ment of  persons  injured  or  taken  ill  upon  the  premises. 

Penalty. 

§  2.  Any  person,  firm  or  corporation  violating  this  act  shall  be  sub- 
ject to  a  fine  of  not  less  than  ten  dollars  nor  more  than  fifty  dollars  for 
dvery  week  during  which  such  violation  continues. 

TITLE  296. 
MAPS. 

ACT  2064. 

An  act  requiring  the  recording  of  maps  of  cities,  towns,  additions  to 
cities  or  towns,  or  subdivisions  of  land  into  small  lots  or  tracts  for 
the  purpose  of  sale,  and  providing  a  penalty  for  the  selling  or 
offering  for  sale  any  lots  or  tracts  in  cities,  towns,  additions  to 
cities,  towns,  subdivisions,  or  additions  thereto,  before  such  maps 
are  filed  and  recorded.  [Approved  March  9,  1893.  Stats.  1893,  p. 
96.] 

Amended   1901,  p.   288. 

Repealed  June  11,   1913    (Stats.   1913,  p.  571).      See  post,  Act   200o,  j  8. 
Citations.      Cal.   156/440. 


Act  2065,  §§  1,2  GENERAL   LAWS.  1406 

ACT  2065. 

An  act  requiring  the  recording  of  maps  of  subdivisions  of  land  into  lots 
for  the  purpose  of  sale,  and  prescribing  the  conditions  on  which 
such  maps  may  be  recorded  and  prohibiting  the  selling  or  offering 
for  sale  of  land  by  reference  to  said  maps  unless  the  same  are  re- 
corded. 

[Approved  March  15,  1907.     Stats.  1907,  p.  290.] 
Amended  1913,  p.   568. 

The  amendments  of  1913  follow: 

Map  of  subdivisions  to  be  filod  with  county  recorder. 

§  1.  Whenever  any  tract  or  subdivision  of  land  shall  be  laid  out  into 
lots  for  the  purpose  of  sale,  the  owner  or  owners  thereof  shall  cause  to 
be  made  out  and  filed  with  the  county  recorder  of  the  county  in  which 
the  same  is  situated,  an  accurate  map  or  plat  thereof  on  cloth,  drawn 
and  attested  to  by  a  civil  engineer  or  licensed  surveyor  from  his  own  sur- 
vey of  the  ground.  Said  engineer  or  surveyor  shall,  in  making  the  sur- 
veys, leave  sufficient  permanent  monuments  so  that  another  surveyor 
or  engineer  may  retrace  his  work.  The  nature  and  location  of  these 
monuments  shall  be  plainly  shown  on  the  map.  The  map  shall  also 
particularly  set  forth  and  describe: 

Ground  for  public  uses. 

First — All  parcels  of  ground  within  such  tract  or  subdivision  used  for 
public  purposes  or  offered  for  dedication  for  public  uses,  whether  they  be 
intended  for  public  highways,  parks,  courts,  commons  or  other  public 
uses,  and  their  dimensions  and  boundaries  and  the  courses  of  their 
boundary  lines. 

Lots  for  sale. 

Second— All  lots  intended  for  sale,  or  reserved  for  private  purposes  and 
not  offered  for  dedication  to  the  public  use,  either  by  number  or  letter, 
and  their  dimensions  and  boundaries  and  the  courses  of  their  boundary 
lines.  All  parcels  of  land  offered  for  dedication  as  public  highways  and 
not  accepted  by  the  proper  authorities  upon  presentation  to  them,  shall 
also  be  designated  by  number  or  letter. 

Location  of  tract. 

Third — The  exact  location  of  such  tract  or  subdivision  of  land  into 
lots  with  reference  to  adjacent  subdivisions  of  land  into  lots,  the  maps 
or  plats  of  which  have  been  previously  recorded,  if  any,  or  if  none,  then 
with  reference  to  corners  of  a  United  States  survey,  or  to  some  natural 
or  artificial  monument.  [Amendment  approved  June  11,  1913;  Stats. 
1913,  p.  568.] 

Map  on  clotlu     Size.     Scale. 

§  2.  Every  such  map  or  plat  shall  be  on  cloth  and  clearly  and  legibly 
drawn  in  all  its  details  upon  tracing  cloth  of  good  quality.     The  size  of 


140T  MAPS.  Act  2065,  §§3,4 

the  sheets  of  drawing  cloth  must  be  eighteen  by  twenty-six  inches  or 
thirteen  by  eighteen  inches.  Marginal  lines  must  be  drawn  around  the 
entire  sheet,  leaving  a  margin  of  one  inch  from  the  edges  of  the  sheets, 
and  the  name,  title,  or  other  designation,  and  all  drawings,  affidavits,  cer- 
tificates, acknowledgments,  indorsements,  acceptances  of  dedication,  and 
notarial  seals  must  be  within  said  marginal  lines.  The  scale  to  which 
the  drawing  is  made  must  be  large  enough  to  show  the  details  clearly, 
and  two  or  more  sheets  must  be  used  if  one  does  not  give  sufficient  room 
to  accomplish  this  end.  If  more  than  one  sheet  is  used,  each  sheet  must 
be  numbered,  connections  of  one  sheet  to  another  clearly  given  and  the 
number  of  the  sheets  used  in  the  subdivision  must  be  given  in  the 
affidavit.      [Amendment  approved  June  11,  1913;   Stats.  1913,  p.  569.] 

Consent  of  owners.     Certificate  of  auditor;    Bond.    Land  intended  for 
public  use. 

§  3.  Upon  every  such  map  or  plat  there  shall  be  indorsed  a  consent 
to  the  making  thereof,  signed  by  the  owner  or  owners  of  the  tract  or 
other  subdivision  of  land  shown  thereon,  and  also  by  all  other  persons 
whose  consent  is  necessSry  to  pass  a  clear  title  to  such  land,  and  ac- 
knowledged by  all  the  signers  in  the  same  manner  as  conveyances  of 
real  property;  also  a  certificate  from  the  county  auditor,  and  from  the 
auditor  or  other  proper  officer  of  any  munici})al  corporation  in  which 
any  part  of  such  tract  or  other  subdivision  is  situated,  showing  that 
there  are  no  liens  for  unpaid  state,  county,  municipal  or  other  taxes, 
except  taxes  not  yet  payable,  against  said  tract  or  subdivision  of  land 
or  any  part  thereof;  also  a  certificate  of  the  clerk  of  the  board  of  super- 
visors that  a  bond  has  been  filed  with  said  board  as  provided  herein; 
and  the  owner  or  owners  of  any  tract,  or  other  subdivision  of  land 
shown  thereon,  shall  execute  and  file  witli  the  board  of  supervisors  of  tlic 
county  wherein  such  tract,  or  subdivision,  or  any  part  thereof,  is  sit- 
uated, a  good  and  sufficient  bond  to  be  approved  by  and  in  an  amount 
to  be  fixed  by  said  board  of  supervisors  and  by  its  terms  made  to  inure 
to  the  benefit  of  the  county  wherein  such  tract,  subdivision,  or  any  part 
thereof,  is  situate,  and  conditioned  for  the  payment  of  ail  taxes  whicii 
are  at  the  time  of  filing  thereof,  a  lien  against  any  such  tract,  or  sub- 
division, or  any  part  thereof,  but  not  yet  payable.  Upon  every  such 
map  or  plat  which  shows  any  parcels  of  land  intended  for  public  u.se 
and  not  previously  dedicated  therefor,  there  shall  be  indorsed  a  state- 
ment of  the  dedication  of  such  i^arcels  of  ground  intended  for  public  use, 
executed  by  the  owner  or  owners,  and  by  all  other  persons  wlio.se  con- 
sent is  necessary  to  pass  a  clear  title  to  such  jiarcels  of  ground  to  the 
public,  and  acknowledged  by  all  persons  executing  the  same  in  the  mime 
manner  as  conveyances  of  real  property.  [Amendment  uj.proved  Juno 
11,  1913;  Stats.  1913,  p.  569.] 

Approval  of  city  or  county  authorities.     Width  of  highways.     Highways 
accepted. 

§  4.  The  map  or  plat  so  made,  indorsed  and  ncknowledged  shall  bn 
submitted  to  the  governing  body  of  the  city,  city  and  county,  or  county 


Act  2065,  §§  6-9  geneeal  laws.  1408 

having  control  of  public  highways  in  the  territory  shown  on  such  map 
or  plat,  for  the  approval  of  such  governing  body,  before  such  map  or  plat 
is  filed  for  record  in  the  recorder's  office.  Such  governing  body,  after 
examination  duly  made,  shall  approve  or  disapprove  such  map  or  plat 
within  thirty  daj's  after  the  same  is  siibmitted  to  it  as  above  provided. 
If  approved,  the  governing  body  shall  indorse,  or  cause  to  be  indorsed, 
on  said  map  or  plat  its  approval  of  the  same.  Without  such  approval 
the  said  map  or  plat  shall  not  be  filed  for  record  or  be  recorded.  Such 
governing  body  may  require  the  public  highways,  if  any,  offered  for 
dedication  by  said  map  or  plat  and  the  parcel  or  parcels  of  land,  if  any, 
therein  reserved  or  indicated  for  highway  or  right  of  way  purposes,  and 
not  offered  for  dedication  to  public  use,  to  be  as  wide  as  and  to  conform, 
as  near  as  practicable,  to  .the  adjoining,  surrounding  or  neighboring 
streets  or  highways  of  said  city,  city  and  county,  or  county.  If  such 
map  or  plat  offer  for  dedication  any  highways  said  governing  body  shall 
indorse  thereon  which  of  the  highways  so  offered  for  dedication  are 
accepted  on  behalf  of  the  public,  and  thereupon  such  highways  which 
have  been  so  accepted,  and  no' others,  shall  be  .and  become  dedicated  to 
the  public  use.  [Amendment  approved  June  11,  1913;  Stats.  1913, 
p.  570.] 

Map  must  comply  with  this  act. 

§  6.  No  map  or  plat  referred  to  in  this  act  shall  be  accepted  by  the 
county  recorder  for  filing  or  recording,  unless  the  same  shall  in  all 
respects  comply  with  the  provisions  of  this  act,  and  the  recorder  shall 
be  entitled,  before  accepting  or  refusing  such  map  or  plat,  to  sufficient 
time  to  enable  him  to  examine  the  same.  [Amendment  approved  June 
11,  1913;  Stats.  1913,  p.  570.] 

No  sale  of  lots  before  filing  map. 

§  8.  No  person  shall  sell  or  offer  for  sale  any  lot  or  parcel  of  land, 
by  reference  to  any  map  or  plat,  unless  such  map  or  plat  has  been  made, 
certified,  indorsed,  acknowledged  and  filed  in  all  respects  as  provided  in 
this  act,  or  was  filed  or  recorded  prior  to  the  taking  effect  of  this  act 
and  in  accordance  with  the  laws  in  force  at  the  time  it  was  so  filed  or 
recorded,  and  no  person  shall  sell  or  offer  for  sale  any  lot  or  parcel  of 
land  by  reference  to  any  map  or  plat  other  than  such  recorded  map  or 
plat  or  true  and  correct  copy  thereof.  [Amendment  approved  June  11, 
1913;  Stats.  1913,  p.  570.] 

Penalty.  Owners  failing  to  file  map  may  petition  court  for  permission 
to  file. 
§  9.  Every  person  who  violates  any  of  the  provisions  of  this  act  is 
guiltv  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punish- 
able by  a  fine  of  not  less  than  twenty-five  dollars  and  not  more  than 
five  hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  a  period 
of  not  more  than  six  months,  or  by  both  such  fine  and  imprisonment, 
and  the  recordation  of  any  map  or  plat  which  is  not  executed  and 
approved  as  herein  required  shall  be  null  and  void;   provided,  however, 


1409  MASTER    AND    SERVANT.  Act  2140a,  §  1 

that  any  owner  or  owners  of  any  such  tract  or  subdivision,  who  prior 
to  the  taking  effect  of  this  act  caused  to  be  prepared  proper  maps  or 
plats  thereof  in  conformity  with  the  provisions  of  the  act  mentioned 
in  section  1  hereof,  and  thereafter,  through  inadvertence  or  excusable 
neglect,  failed  to  record  the  same  prior  to  conveying  lots  shown  thereon, 
may,  within  one  year  after  this  act  takes  effect,  petition  the  superior 
court  of  the  county  wherein  such  land  is  situate  for  an  order  permitting 
such  map  or  plat  to  be  filed  and  recorded  as  in  said  act  provided;  and 
the  court  may,  upon  the  hearing  of  such  petition,  if  satisfied  that  good 
cause  exists  therefor,  make  such  order.  A  copy  of  the  petition  shall 
be  served  upon  the  county  recorder  at  least  ten  days  prior  to  such 
liearing,  and  a  certified  copy  of  such  order,  if  any  be  made,  shall  be  filed 
with  the  map.      [Amendment  approved  June  11,  1913;  Stats.  1913,  p.  571.] 

Repeal  of  prior  act. 

§  8  [of  amendatory  act  of  1913,  p.  568].  An  act  entitled,  "An  act  re- 
quiring the  recording  of  maps  of  cities,  towns,  additions  to  cities  or 
towns,  or  subdivisions  of  land  into  small  lots  or  tracts  for  the  purpose  of 
sale,  and  providing  a  penalty  for  the  selling  or  offering  for  sale  any  lots 
or  tracts  in  cities,  towns,  additions  to  cities,  towns,  subdivisions,  or  addi- 
tions thereto,  before  such  maps  are  filed  and  recorded,"'  approved  March 
9,  1893,  and  all  acts  and  parts  of  acts  in  conflict  with  this  act,  are  hereby 
repealed. 

Citations.     App.   12/393. 

TITLE  305. 

MASTER  AND  SERVANT. 
ACT  2140a. 

An  act  to  regulate  advertisements  and  solicitations  for  employees  during 

strikes,  lockouts  and  other  labor  troubles. 

[Approved  June  7,  1913.     Stats.  1913,  p.  678.] 

Advertising  for  labor  diiring  strikes. 

§  1.  If  any  person,  firm,  or  corporation,  acting  either  for  himself,  or 
itself,  or  as  "the  agent  of  another  person,  firm,  or  corporation,  during 
the  continuance  of  a  strike,  lockout,  or  other  labor  trouble  among  liis, 
or  its  employees,  or  among  the  employees  of  the  person,  firm,  or  cor- 
poration, for  whom  he,  or  it  is  acting,  advertises  for  employees  in  the 
newspapers,  or  by  posters,  or  otherwise,  or  solicits  persons  to  work 
for  him,  or  the  persons,  firm,  or  corporation,  for  whom  he  is  acting,  in 
the  place  of  the  strikers,  he  shall  plainly  and  explicitly  mention  in  such 
advertisements  or  oral  or  written  solicitations,  that  a  strike,  lockout 
or  other  labor  disturbance  exists;  provided,  that  tiio  foregoing  pro- 
visions shall  not  apply  to  advertisements  or  solicitations  publinhed  solely 
or  made  within  the  same  city  or  locality  where  the  str''  -,  l  —  Uout  or 
other  labor  disturbance  exists. 
89 


Act  2141,  §  §  1-7  GENERAL   LAWS.  1410 

Penalty. 

§  2.  If  any  person,  firm,  association  or  corporation  violates  any 
provision  of  this  act,  he  or  it  shall  be  punished  by  a  fine  not  less  than 
twenty-five  dollars  and  not  exceeding  two  hundred  and  fifty  dollars 
for  each  ofifense. 

ACT  2141. 

An   act   to   provide   for   temporary  floors   in   buildings   more   than   three 
stories  high  in  the  course  of  construction  and  for  the  protection   of 
the  life  and  limb  of  workmen  employed  in  such  buildings  from  fall- 
ing through  joists  or  girders  and  from  falling  bricks,  rivets,  etc. 
[Approved  March  6,  1909.     Stats.  1909,  p.  107.] 
Amended  1911,  Statutes  of  1911,  page  1112,  as  follows: 

Temporary  floors  in  buildings  more  than  two  stories  high. 

§  1.  Any  building  more  than  two  stories  high  in  the  course  of  con- 
struction shall  have  joists,  beams  or  girders  on  each  and  every  floor 
below  the  floor  or  level  where  any  work  is  being  done,  or  about  to  be 
done,  covered  with  flooring  laid  close  together,  or  with  such  other  suit- 
able material  to  protect  workmen  engaged  in  such  building  from  falling 
through  joists  or  girders,  and  from  falling  planks,  bricks,  rivets,  tools, 
or  any  other  substance  whereby  life  and  limb  are  endangered. 

Not  to  be  removed. 

§  2.  Such  flooring  shall  not  be  removed  until  the  same  is  replaced  by 
the  permanent  flooring  in  such  building. 

Duty  of  contractor. 

§  3.  It  shall  be  the  duty  of  the  general  contractor  having  charge  of 
the  erection  of  such  building  to  provide  for  the  flooring  as  herein  re- 
quired, or  to  make  such  arrangements  as  may  be  necessary  with  sub- 
contractors in  order  that  the  provisions  of  this  act  may  be  carried  out. 

Duty  of  owner. 

§  4.  It  shall  be  the  duty  of  the  owner  or  the  agent  of  the  owner  of 
such  building  to  see  that  the  general  contractor  or  subcontractor  carry 
out  the  provisions  of  this  act. 

When  contractor  fails  to  provide. 

§  5.  Should  the  general  contractor  or  subcontractors  of  such  building 
fail  to  provide  for  the  flooring  of  such  building,  as  herein  provided,  then 
it  shall  be  the  duty  of  the  owner  or  the  agent  of  the  owner  of  such 
building  to  see  that  the  provisions  of  this  act  are  carried  out. 

Misdemeanor. 

§  6.  Failure  upon  the  part  of  the  owner,  agent  of  the  owner,  general 
contractor,  or  subcontractors  to  comply  with  the  provisions  of  this  act 
shall  be  deemed  a  misdemeanor  and  shall  be  punishable  as  such. 

§  7.     This  act  shall  take  effect  within  sixty  days. 


14^11  MASTER   AND   SERVANT.  Act  2141a,  §§  1,  2 

ACT  2141a. 

An  act  to  regulate  certain  scaffolding  or  staging  for  the  protection  of 
workmen;  requiring  that  in  addition  to  the  duties  imposed  by  any 
law  upon  employers  using  or  directing  or  permitting  the  lise  of 
scaffolding  or  staging  swung  or  suspended  from  an  overhead  sup- 
port such  employers  shall  be  subject  to  the  provisions  of  this  act; 
fixing  penalties  for  a  violation  hereof  to  be  the  same  as  provided 
in  section  402c  of  the  Penal  Code;  and  providing  for  the  enforce- 
ment of  this  act  by  the  commissioner  of  the  bureau  of  labor  statistics. 
[Approved  April  22,  1913.     Stats.  1913,  p.  49.] 

Safety  rail  on  scaffolding. 

§  1.  All  scaffolding  or  staging,  swung  or  suspended  from  an  over- 
head support  which  is  more  than  twenty  feet  from  the  ground  or  floor, 
shall  have  a  safety  rail  of  wood  or  other  equally  rijgid  material  of 
sufficient  strength  to  bear  any  sudden  strain  there  against  equal  to  four 
times  the  weight  of  an  ordinary  man,  such  rail  to  be  properly  secured 
and  braced  in  a  manner  to  withstand  a  sudden  strain  as  hereinbefore 
prescribed;  such  rail  to  rise  at  least  thirty-four  inches  above  the 
floor  or  floors  or  main  portions  of  such  scaffolding  or  staging,  and 
extending  along  the  entire  length  of  the  outside  and  the  ends  thereof, 
and  properly  attached  thereto  to  withstand  any  strain  as  hereinbefore 
provided;  and  such  scaffolding  or  staging  shall  be  fastened  so  as  to 
prevent  the  same  from  swaying  from  the  building  or  structure,  or  place 
of  work  where  such  scaffolding  or  staging  is  being  used.  Any  and 
all  parts  of  such  scaffolding  or  staging  shtill  be  of  sufficient  strength  to 
support,  bear,  or  withstand,  with  safety,  any  weight  of  persons,  tools, 
appliances,  or  materials  that  may  be  placed  thereupon  or  that  are  to 
be  supported  thereby  while  such  scaffolding  or  staging  is  being  used 
for  any  o:^  the  purposes  thereof. 

Safety  lines. 

§  2.  In  addition  to  the  duties  imposed  upon  an  employer  by  any 
law  regulating  or  relating  to  scaffolding  or  staging,  it  shall  be  tlie  duty 
of  such  employer  who  uses  or  permits  the  use  of  scaffolding  or  staging, 
as  defined  in  section  1  of  this  act,  in  connection  with  construction, 
alteration,  repairing,  painting,  cleaning  or  the  doing  of  any  other  kind 
of  work  upon  anv  building  structure,  or  other  thing  or  place  of  work, 
to  furnish  safety  lines  to  tie  all  hooks  and  hangers  back  on  the  roof 
of  such  building,  structure  or  other  thing  or  place  of  work,  and  to 
provide  safetv  lines  hanging  from  the  roof,  securely  tied  thereto,  and 
one  such  line' to  be  provided  between  each  pair  of  hangers  or  fa  Is  and 
near  the  ends  of  all  such  scaffolding  or  staging.  When  plank.s  are 
used  for  the  platforms  or  floors  of  such  scafToldiug  or  utaging.  fh.-y 
sbaU  be  not  less  than  fourteen  inches  in  width,  and  not  less  than  one 
and  one-half  inches  in  thickness,  and  shall  be  of  woo.l  free  from 
knots   or   fractures    impairing   the   strength   of   such    planks.     Not   more 


Act  2141b,  §§  1-4  GENERAL   LAWS.  1412 

than  two  men  shall  be  allowed  or  placed  to  work  between  two  hangers 
or  falls   upon  such  scaffolding  or  staging. 

Penalty, 

§  3.  Any  violation  of  the  provisions  of  this  act  shall  be  punishable 
as  provided  in  section  402c  of  the  Penal  Code,  and  shall  be  in  addition 
to  the  penalties  provided  therein  for  the  violation  of  any  of  the  pro- 
visions of  the  said  section. 

Duty  of  commissioner  of  bureau  of  labor  statistics. 

§  4.  It  shall  be  the  duty  of  the  commissioner  of  the  bureau  of  labor 
statistics  to  enforce  the  provisions  of  this  act. 

ACT  2141b. 

An  act  regulating  the  sanitation  and  ventilation  in  and  at  camps  where 

five  or  more  persons  are  employed;  and  providing  a  penalty  for  the 

violation  thereof. 

[Approved  May  29,  1913.     Stats.  1913,  p.  328.] 

Camps  to  be  kept  clean. 

§  1.  In  or  at  any  camp  where  five  or  more  persons  are  employed, 
the  bunkhouses,  tents  and  other  sleeping  places  of  such  employees  shall 
be  kept  in  a  cleanly  state,  and  free  from  vermin  and  matter  of  an 
infectious  and  contagious  nature,  and  the  grounds  around  such  bunk- 
houses,  tents  or  other  sleeping  places  shall  be  kept  clean  and  free  from 
accumulations  of  dirt,  filth,  garbage  and  other  deleterious  matter. 

Air  space. 

§  2.  Every  bunkhouse,  tent  or  other  sleeping  place  used  for  the  pur- 
pose of  a  lodging  or  sleeping  department  in  such  camp,  shall  contain 
sufiicient  air  space  to  insure  an  adequate  supply  of  fresh  air  for  each 
person  occupying  such  bunkhouse,  tent  or  other  sleeping  place.  The 
bunks  or  beds  shall  be  made  of  iron,  canvas  or  other  sanitarj*  material 
and  shall  be  so  constructed  as  to  afford  reasonable  comfort  to  the  per- 
sons occupying  such  bunks  or  beds. 

Duty  of  employer. 

§  3.  It  shall  be  the  duty  of  any  person,  firm,  corporation,  agent  or 
officer  of  a  firm  or  corporation  employing  persons  to  work  in  or  at 
such  camps  and  the  superintendent  or  overseer  in  charge  of  the  work  in 
or  at  such  camp  to  carry  out  the  provisions  of  sections  1  and  2  of  this 

act. 

Power  of  state  board  of  health. 

§  4,  The  state  board  of  health  shall  have  the  right  and  power  to 
condemn  any  camp  coming  under  the  provisions  of  this  act  as  dangerous 
to  the  public  health. 


1413  MASTER   AND   SERVANT.  ActS  2142,  2143 

Penalty. 

§  5.  Any  person,  firm,  corporation,  agent  or  oflRcer  of  a  firm  or  cor- 
poration, or  any  superintendent  or  overseer  in  charge  of  the  work  in 
or  at  any  camp  coming  under  the  provisions  of  this  act,  who  shall  violate 
or  fail  to  comply  with  the  provisions  of  this  act  is  guilty  of  a  misde- 
meanor, and  shall  upon  conviction  thereof,  be  punished  by  a  fine  of  not 
more,  than  two  hundred  dollars,  or  by  imprisonment  for  not  more  than 
sixty  days,  or  by  both  such  fine  and  imprisonment. 

§  6.  It  shall  be  the  duty  of  the  state  board  of  health  to  enforce  the 
provisions  of  this  act. 

ACT  2142. 

An  act  prohibiting  the  issuance  as  payment  for  wages  of  any  evidence 
of  indebtedness  unless  the  same  is  negotiable  and  payable  without 
discount,  and  providing  that  the  same  must  be  payable  upon  de- 
mand. 

[Approved  March  1,  1911.     Stats.  1911,  p.  259.] 

Negotiable  order  in  payment  of  wages. 

§  1.  No  person,  firm  or  corporation  engaged  in  any  business  or  enter- 
prise within  the  state  shall  issue,  in  payment  of  or  as  an  evidence  of 
indebtedness  for  wages  due  an  employee,  any  order,  check,  memorandum 
or  other  acknowledgment  of  indebtedness,  unless  the  same  is  negotiable, 
and  is  payable  upon  demand  without  discount  in  cash  at  some  bank  or 
other  established  place  of  business  in  the  state;  provided,  however,  that 
the  provisions  of  this  act  shall  not  apply  to  counties,  cities  and  couiitics, 
municipal  corporations,  quasi-municipal  corporations,  or  school  districts 
organized  and  existing  under  the  laws  of  this  state. 

Punishment  for  violation  of  statute. 

§  2.  Any  person,  firm,  or  corporation  who  shall  violate  any  of  the 
provisions  of  this  act  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof,  shall  be  punished  by  a  fine  not  to  exceed  five  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  for  not  more  than  six 
months,  or  by  both  such  fine  and  imprisonment. 

ACT  2143, 

An  act  providing  for  the  time  of  payment  of  wages. 
[Approved  May  1,  1911.     Stats.   11)11,  p.  12G8.J 

Wages  of  discharged  employees. 

§  1.  Whenever  an  employer  discharges  an  employee,  the  wagps  earned 
and  unpaid  at  the  time  of  such  discharge  shall  become  due  and  payable 
immediately.  When  any  such  employee  not  having  a  contract  lor  ii 
definite  period  quits  or  resigns  his  employment  the  wages  carnrd  and 
unpaid  at  the  time  of  such  quitting  or  resignation  shall  become  duo  and 
payable  five  days  thereafter. 


Act  2143a,  §§  1-3  general  laws.  1414 

Wages  to  be  paid  monthly. 

§  2.  All  wages  other  than  those  mentioned  in  section  1  of  this  act 
earned  by  any  person  during  any  one  month  shall  become  due  and  pay- 
able at  least  once  in  each  month  and  no  person,  firm  or  corporation  for 
whom  such  labor  has  been  performed,  shall  withhold  from  any  such 
employee  any  wages  so  earned  or  unpaid  for  a  longer  period  than  fifteen 
days  after  such  wages  become  due  and  payable;  provided,  however,  that 
nothing  herein  shall  in  any  way  limit  or  interfere  with  the  right  of 
any  such  employee  to  accept  from  any  such  person,  firm  or  corporation 
wages  earned  and  unpaid  for  a  shorter  period  than  one  month. 

Penalty. 

§  3.  Any  person,  firm  or  corporation  who  shall  violate  any  of  the 
provisions  of  this  act  shall  be  guilty  of  a  misdemeanor  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  not  to  exceed  five  hundred 

dollars. 

Not  applicable. 

§  4.  None  of  the  provisions  of  this  act  shall  apply  to  any  county, 
city  and  county,  incorporated  city  or  town,  or  other  municipal  corpora- 
tion. 

ACT  2143a. 

An  act  regulating  the  payment  of  wages  earned  in  seasonal  labor  and 

prescribing  the  powers  and  duties  of  the  commissioner  of  the  bureau 

of  labor  statistics,  in  relation  thereto. 

[Approved  May  28,  1913.     Stats.  1913,  p.  343.] 

"Seasonal  labor"  defined. 

§  1.  For  the  purpose  of  this  act  the  term  "seasonal  labor"  shall  in- 
clude all  work  performed  by  any  person  employed  for  a  period  of  time 
greater  than  one  month,  and  where  the  wages  for  such  work  are  not 
to  be  paid  at  any  fixed  intervals  of  time,  but  at  the  termination  of 
such  employment,  and  where  the  work  is  to  be  performed  outside  of 
this  state;  provided,  that  such  person  is  hired  within  this  state  and  the 
wages  earned  during  such  employment  are  to  be  paid  in  this  state  at 
the   termination   of  such   employment. 

Wages  paid  in  presence  of  examiner. 

§  2.  Upon  application  of  either  the  employer  or  the  employee,  the 
wages  earned  in  seasonal  labor,  shall  be  paid  in  the  presence  of  the 
commissioner  of  the  bureau  of  labor  statistics  or  an  examiner  appointed 
by  him. 

Wages  disputes. 

§  3.  The  commissioner  shall  hear  an<i  decide  all  disputes  arising  from 
wages  earned  in  seasonal  labor  and  he  shall  allow  or  reject  any  deduc- 


1415  MASTER  AND  SERVANT.         Acts  2144, 2144a 

tions  made  from  such  wages;  provided,  however,  that  he  shall  reject 
all  deductions  made  for  gambling  debts  incurred  by  the  employee  during 
such  employment  and  for  liquor  sold  to  the  employee  during  such  em- 
ployment. 

Findings  filed. 

§  4.  After  final  hearing  by  the  commissioner,  he  shall  file  in  the 
ofiiee  of  the  bureau  of  labor  statistics,  a  copy  of  the  findings  upon  facts 
and  his  award. 

Award,  wages  due. 

§  5.  The  amount  of  the  award  of  the  commissioner  shall  be  conclu- 
sively presumed  to  be  the  amount  of  the  wages  due  and  unpaid  to  the 
employee  at  the  time  of  the  termination  of  the  employment,  and  prose- 
cution may  be  commenced  under  the  provisions  of  an  act  entitled,  "An 
act  providing  for  the  time  of  payment  of  wages,"  approved  May  1,  1911. 

May  issue  subpoenas. 

§  6.  The  commissioner  or  any  examiner  appodnted  by  him,  shall 
have  power  and  authority  to  issue  subpoenas  to  compel  attendance  of 
witnesses  or  parties,  and  the  production  of  books,  papers  or  records  and 
to  administer  oaths.  Obedience  to  such  subpoenas  shall  be  enforced  by 
the  courts  of  any  county  or  city  and  county. 

Not  applicable  to  seamen. 

§  7.  This  act  shall  not  be  construed  to  apply  to  the  wages  earned 
by  seamen  or  other  persons,  where  the  payment  of  wages  is  regulated  by 
federal  statute. 

ACT  2144. 

An  act  relating  to  the  liability  of  employers  for  injuries  or  death  sus- 
tained by  their  employees,  providing  for  compensation  for  the  acci- 
dental injury  of  employees,  establishing  an  industrial  accident  board, 
making  an  appropriation  therefor,  defining  its  powers  and  ])rovid- 
ing  for  a  review  of  its  awards.  [Approved  April  S,  1911.  fcJtats. 
1911,  p.  796.] 
Citations.  Cal.  162/78. 
Probably   superseded  by   Act   2144a,   post. 

ACT  2144a. 

An  act  to  promote  the  general  welfare  of  the  people  of  this  state  as 
affected  by  accident  causing  the  injury  or  death  <>(  ein|.lo.yooH  in 
the  course  of  their  employment,  by  creating  a  liability  on  the  part 
of  employers  to  compensate  such  employees  and  their  depencients 
for  such  accidental  injury  or  death  irrespective  of  the  f""'!-  "J 
either  party,  and  providing  the  means  and  metliodn  of  enforn.iK  Hiu-h 
liability;    and    creating   a    "state    cdmi.ensatiou    nisuiau.-e    fun.l      to 


Act  2144a,  §§  1,2  general  laws.  1416 

insure  employers  against  such  liability  and  providing  for  its  admin- 
istration and  regulating  such  insurance  by  other  insurance  carriers; 
and  requiring  safety  in  all  employments  and  places  of  employment 
in  this  state  and  providing  the  means  and  methods  of  enforcing 
such  safet}';  and  requiring  reports  of  industrial  accidents;  and  pro- 
viding penalties  for  offenses  by  employers,  their  oflacers,  agents, 
and  by  employees  and  other  persons  and  corporations;  and  creating 
an  industrial  accident  commission,  providing  for  its  organization, 
defining  its  powers  and  duties  and  providing  for  a  review  of  its 
orders,  decisions  and  awards;  and  appropriating  moneys  to  carry 
out  the  provisions  of  this  act;  and  repealing  all  acts  and  parts  of 
acts  inconsistent  with  the  provisions  of  this  act. 
[Approved    May    26,    1913.     Stats.    1913,    p.    279.     In    effect   January    1, 

1914.] 

"Workmen's  compensation  act." 

§  1.  This  act  shall  be  known,  and  may  be  cited,  as  the  "workmen's 
compensation,  insurance  and  safety  act"  and  shall  apply  to  the  subjects 
mentioned  in  its  title. 

Definitions. 

§  2.  The  following  terms  as  used  in  this  act  shall,  unless  a  different 
meaning  is  plainly  required  by  the  context,  be  construed  as  follows: 

(1)  The  term  "commission"  means  the  industrial  accident  commission 
of  the  state  of  California. 

(2)  The  term  "commissioner"  means  one  of  the  members  of  the  com- 
mission. 

(3)  The  term  "compensation"  means  compensation  under  this  act  and 
includes  every  benefit  or  payment  conferred  by  sections  12  to  36,  in- 
clusive, of  this  act  upon  an  injured  employee,  or  in  the  ev-ent  of  his 
death,   upon   his   dependents,   without    regard   to   negligence. 

(4)  The  term  "damages"  means  the  recovery  allowed  in  an  action 
at  law  as  contrasted  with  compensation  under  this  act. 

(5)  The  term  "person"  includes  an  individual,  firm,  voluntary  asso- 
ciation or  a  corporation. 

(6)  The  term  "insurance  carrier"  includes  the  state  compensation  in- 
surance fund  herein  created  and  any  private  company,  corporation  or 
mutual  association  authorized  under  the  laws  of  this  state  to  insure 
employers  against  liability  for  compensation  under  this  act. 

(7)  The  phrase  "compensation  provisions  of  this  act"  means  and  in- 
cludes sections  12  to  35,  inclusive,  of  this  act. 

(8)  The  phrase  "safety  provisions  of  this  act"  means  and  includes 
sections  51  to  72,  inclusive,  of  this  act. 

(9)  Whenever  in  this  act  the  singular  is  used  the  plural  shall  be 
included;  where  the  masculine  gender  is  used,  the  feminine  and  neuter 
shall  be  included. 


1417  MASTER  AND  SERVANT.  Act  2144a,  §§  3-6 

Industrial  accident  commission  created.     Salary. 

§  3.  There  is  hereby  created  a  board  to  consist  of  three  members 
who  shall  be  appointed  by  the  governor  from  the  state  at  large  and 
which  shall  be  known  as  the  "industrial  accident  commission"  and  shall 
have  the  powers,  duties  and  functions  hereinafter  conferred.  Within 
thirty  days  prior  to  the  first  day  of  January,  1914,  the  governor  shall 
appoint  the  three  members  of  said  commission,  one  for  the  term  of  two 
years,  one  for  the  term  of  three  years  and  one  for  the  term  of  four 
years.  Thereafter,  the  term  hi  office  of  each  commissioner  shall  be  four 
years.  Vacancies  shall  be  filled  by  appointment  in  the  same  manner 
for  the  unexpired  term.  Each  commissioner  shall  receive  an  annual  sal- 
ary of  five  thousand  dollars.  Each  commissioner  shall,  before  entering 
upon  the  duties  of  his  oflEice,  take  and  subscribe  the  constitutional  oath 
of  office. 

Organization  of  commission.     Majority  rules. 

§  4.  The  commission  shall  organize  by  choosing  one  of  its  members 
as  chairman.  A  majority  of  the  commission  shall  constitute  a  quorum 
for  the  transaction  of  any  business,  for  the  performance  of  any  duty, 
or  for  the  exercise  of  any  power  or  authority  of  the  commission.  \ 
vacancy  on  the  commission  shall  not  impair  the  right  of  the  remaining 
members  to  perform  all  the  duties  and  exercise  all  the  power  and  au- 
thority of  the  commission.  The  act  of  the  majority  of  the  commission, 
when  in  session  as  a  commission,  shall  be  deemed  to  be  the  act  of  the 
commission,  but  any  investigation,  inquiry  or  hearing,  which  the  com 
mission  has  power  to  undertake  or  to  hold,  may  be  undertaken  or  held 
by  or  before  any  member  thereof  or  any  referee  appointed  by  the  com- 
mission for  that  purpose,  and  every  finding,  order,  decision,  or  award 
made  by  any  commissioner  or  referee,  pursuant  to  such  investigation, 
inquiry  or  hearing,  when  approved  and  confirmed  by  the  commission  and 
ordered  filed  in  its  office,  shall  be  deemed  to  be  the  finding,  order,  deci- 
sion or  award  of  the  commission. 

Seal. 

§  5.  The  commission  shall  have  a  seal,  bearing  the  following  inscrip- 
tion: "Industrial  accident  commission  State  of  California,  seal."  The 
seal  shall  be  affixed  to  all  writs  and  authentications  of  coi)ics  of  records 
and  to  such  other  instruments  as  the  commission  shall  direct.  All  courts 
shall  take  judicial  notice  of  said  seal. 

Office  in  San  Francisco. 

§  6.  The  commission  shall  keep  its  principal  office  in  the  city  nnd 
county  of  San  Francisco,  and  shall  also  keep  an  office  in  the  '''^.V  "f 
Los  Angeles,  and  shall  provide  itself  with  suitable  rooms,  necessary  nfficp  , 
furniture,  statione.rv  and  other  supplies.  For  the  purpose  of  holduiK 
sessions  in  other  places,  the  commission  shall  have  power  to  rent  tem- 
porary quarters. 


Act  2144a,  §  7  general  laws.  1418 

Appointees. 

§  7,     The  commission  shall  have  full  power  and  authority: 

Attorney. 

(1)  To  appoint  as  its  attorney  an  attorney  at  law  of  this  state,  who 
shall  hold  office  at  the  pleasure  of  the  commission.  It  shall  be  the  right 
and  the  duty  of  the  attorney  to  represent  and  appear  for  the  people  of 
the  state  of  California  and  the  commission  in  all  actions  and  proceedings 
involving  anj'  question  under  this  act  or  under  any  order  or  act  of  the 
commission  and,  if  directed  so  to  do  by  the  commission,  to  intervene, 
if  jiossible,  in  any  action  or  proceeding  in  which  any  such  question  is 
involved;  to  commence,  prosecute  and  expedite  the  final  determination 
of  all  actions  or  proceedings,  civil  or  criminal,  directed  or  authorized 
by  the  commission;  to  advise  the  commission  and  each  member  thereof, 
when  so  requested,  in  regard  to  all  matters  in  connection  with  the  juris- 
diction, powers  or  duties  of  the  commission  and  members  thereof;  and 
generally  to  perform  all  duties  and  services  as  attorney  to  the  com- 
mission which  may  be  required  of  him. 

Secretary. 

(2)  To  appoint,  and  it  shall  appoint,  a  secretary,  who  shall  hold  office 
at  the  pleasure  of  the  commission.  It  shall  be  the  duty  of  the  secretary 
to  keep  a  full  and  true  record  of  all  the  proceedings  of  the  commission, 
to  issue  all  necessary  processes,  writs,  warrants  and  notices  which  the 
commission  is  required  or  authorized  to  issue,  and  generally  to  perform 
such  other  duties  as  the  commission  may  prescribe.  The  commission  may 
also  appoint  such  assistant  secretaries  as  may  be  necessary  and  such 
assistant  secretaries  may  perform  any  duty  of  the  secretary,  when  so 
directed  by  the  commission. 

Manager  of  insurance  fund.     Bond. 

(3)  To  appoint  a  manager  of  the  state  compensation  insurance  fund 
who  shall  hold  office  at  the  pleasure  of  the  commission.  It  shall  be  the 
duty  of  such  manager  to  manage,  supervise  and  conduct,  subject  to  the 
general  direction  and  approval  of  the  commission,  the  business  and  af- 
fairs of  the  state  compensation  insurance  fund  and  to  perform  such 
other  duties  as  the  commission  may  prescribe.  Before  entering  on  the 
duties  of  his  office,  he  must  give  an  official  bond  in  the  sum  of  fifty 
thousand  dollars,  and  take  and  subscribe  to  an  official  oath.  Said  bond 
must  be  approved  by  the  commission,  by  written  indorsement  thereon, 
and  be  filed  in  the  office  of  the  secretary  of  state. 

Superintendent  of  safety. 

(4)  To  appoint  a  superintendent  of  the  department  of  safety,  who 
shall  hold  office  at  the  pleasure  of  the  commission  and  who  shall  perform 
such  duties  as  the  commission  shall  prescribe. 

Other  employees. 

(.5)  To  employ  such  other  assistants,  officers,  experts,  statisticians,  ac 
tuaries,  accountants,  inspectors,  referees  and  other  employees,  as  it  may 


1419  MASTER   AND   SERVANT.        Act  2144a,  §§  8-11 

deem  necessary  to  carry  out  the  provisions  of  this  act,  or  to  perform  the 
duties  and  exercise  the  powers  conferred  by  law  upon  the  commission. 

Compensation  of  employees.     Expenses. 

§  8.  All  officers  and  employees  of  the  commission  shall  receive  such 
compensation  for  their  services  as  may  be  fixed  by  the  commission  and 
shall  hold  office  at  the  pleasure  of  the  commission  and  shall  perform 
such  duties  as  are  imposed  on  them  by  law  or  by  the  commission.  The 
salaries  of  the  members  of  the  commission,  its  attorney,  secretary  and 
assistant  secretary,  as  fixed  by  law  or  the  commission,  shall  be  paid  in 
the  same  manner  as  are  the  salaries  of  other  state  officers.  The  salary 
or  compensation  of  every  other  person  holding  office  or  employment  under 
the  commission,  as  fixed  by  law  or  by  the  commission,  shall  be  paid 
monthly  after  being  approved  by  the  commission,  upon  claims  therefor 
to  be  audited  bj'  the  state  board  of  control.  All  expenses  incurred  by 
the  commission  pursuant  to  the  provisions  of  this  act,  including  the  actual 
and  necessary  traveling  and  other  expenses  and  disbursements  of  the 
members  thereof,  its  officers  and  employees,  incurred  while  on  business 
of  the  commission,  either  within  or  without  the  state,  shall,  unless  other- 
wise provided  in  this  act,  be  paid  from  the  funds  appropriated  for  the 
use  of  the  commission,  after  being  approved  by  the  commission,  upon 
claims  therefor  to  be  audited  by  the  board  of  control;  provided,  however, 
that  no  such  expenses  incurred  outside  of  the  state  shall  be  allowed  unless 
prior  authorization  therefor  be  obtained  from  the  board  of  control. 

Departmental  expenses. 

§  9.  In  all  cases  in  which  salaries,  expenses  or  outgoings  of  one 
department  under  the  Jurisdiction  of  the  commission  are  expended  in 
whole  or  in  part  on  behalf  oT  another  department  the  commission  may 
apportion  the   same  between  such   departments. 

Blank  forms.     Minute-book. 

§  10.  The  commission  shall  cause  to  be  printed  and  furnished  free 
of  charge  to  any  employer  or  employee,  or  other  person,  such  hlank 
forms  as  it  shall  deem  requisite  to  facilitate  or  promote  tlie  efTit-ient 
administration  of  this  act;  it  shall  provide  a  book  in  which  shall  be 
entered  the  minutes  of  all  its  proceedings,  a  book  in  which  shall  bo  re- 
corded all  awards  made  by  the  commission  and  such  other  »>ooks  or  rec- 
ords as  it  shall  deem  requisite  for  the  proper  and  efficient  adininiptration 
of  this  act;  all  such  records  to  be  kept  in  the  office  of  the  commission. 

Powers.     Fees.     Reports.     Fees  paid  into  fund. 

§  11.  The  commission  shall  also  have  jiower  and  authority: 
(1)  To  charge  and  collect  the  following  fees:  for  copies  of  pnpors 
and  records  not  required  to  be  certified  or  otherwise  authcnticntod  by 
the  commission,  ten  cents  for  each  folio;  for  certified  copicH  of  omcnil 
documents  and  orders  filed  in  its  office  or  of  the  evidence  taken  00  pro- 
ceedings  had,   fifteen   cents   for   each    folio. 


Act  2144a,  §§  12,  13  general  laws.  1420 

(2)  To  publish  and  distribute  in  its  discretion  from  time  to  time,  in 
addition  to  its  annual  report  to  the  governor  of  the  state,  such  further 
reports  and  pamphlets  covering  its  operations,  proceedings  and  matters 
relative  to  its  work  as  it  may  deem  advisable. 

(3)  To  fix  and  collect  reasonable  charges  for  publications  issued 
under  its  authority. 

(4)  The  fees  charged  and  collected  under  this  section  shall  be  paid 
monthly  into  the  treasury  of  the  state  to  the  credit  of  the  "industrial 
accident  fund"  and  shall  be  accompanied  by  a  detailed  statement  thereof. 

When  liability  exists  against  employer. 

§  12.  (a)  Liability  for  the  compensation  provided  by  this  act,  in 
lieu  of  any  other  liability  whatsoever,  shall,  without  regard  to  negli- 
gence, exist  against  an  employer  for  any  personal  injury  sustained  by  his 
employees  by  accident  arising  out  of  and  in  the  course  of  the  employ- 
ment and  for  the  death  of  any  such  employee  if  the  injury  shall  proxi- 
mately cause  death,  in  those  cases  where  the  following  conditions  of 
compensation  concur: 

(1)  Where,  at  the  time  of  the  accident,  both  the  employer  and  em- 
ployee are  subject  to  the  compensation  provisions  of  this  act. 

(2)  Where,  at  the  time  of  the  accident,  the  employee  is  performing 
service  growing  out  of  and  incidental  to  his  employment  and  is  acting 
within  the  course  of  his  employment  as  such. 

(3)  Where  the  injury  is  proximately  caused  by  accident,  either  with 
or  without  negligence,  and  is  not  so  caused  by  the  intoxication  or  the 
willful  misconduct  of  the  injured  employee. 

Remedy  against  employer. 

(b)  Where  such  conditions  of  compenlation  exist,  the  right  to  re- 
cover such  compensation  pursuant  to  the  provisions  of  this  act,  shall 
be  the  exclusive  remedy  against  the  employer  for  the  injury  or  death, 
except  that  when  the  injury  was  caused  by  the  employer's  gross  negli- 
gence or  willful  misconduct  and  such  act  or  failure  to  act  causing  such 
injury  was  the  personal  act  or  failure  to  act  on  the  part  of  the  employer 
himself,  or  if  the  employer  be  a  partnership  on  the  part  of  one  of  the 
partners,  or  if  a  corporation,  on  the  part  of  an  elective  oflSeer  or  officers 
thereof,  and  such  act  or  failure  to  act  indicated  a  willful  disregard  of 
the  life,  limb,  or  bodily  safety  of  employees,  any  such  injured  employee 
may,  at  his  option  either  claim  compensation  under  this  act  or  maintain 
an  action  at  law  for  damages. 

Other  conditions. 

(c)  In  all  other  cases  where  the  conditions  of  compensation  do  not 
concur,  the  liability  of  the  employer  shall  be  the  same  as  if  this  act 
had  not  been  passed. 

"Employer." 

§  13.  The  term  "employer"  as  used  in  sections  12  to  35,  inclusive, 
of  this  act  shall  be  construed  to  mean:  The  state,  and  each  county,  city 


1421  MASTER  AND  SERVANT.     Act  2144a,  §§  14,  15 

and  county,  city,  school  district  and  all  public  corporations  therein,  and 
every  person,  firm,  voluntary  association,  and  private  corporation,  (in- 
cluding any  public  service  corporation)  who  has  any  person  in  service 
under  any  appointment  or  contract  of  hire,  or  apprenticeship,  express  or 
implied,  oral  or  written,  and  the  legal  representatives  of  any  deceased 
employer. 

"Employee." 

§  14.  The  term  "employee"  as  used  in  sections  12  to  35,  inclusive,  of 
this  act  shall  be  construed  to  mean:  every  person  in  the  service  of  an 
employer  as  defined  by  section  13  hereof  under  any  appointment  or 
contract  of  hire  or  apprenticeship,  express  or  implied,  oral  or  written, 
including  aliens  and  also  including  minors,  but  excluding  any  j)erson 
whose  employment  is  both  casual  and  not  in  the  usual  course  of  the  trade, 
business,  profession  or  occupation  of  his  employer,  and  also  excluding 
any  employee  engaged  in  farm,  dairy,  agricultural,  viticultural  or  horti- 
cultural labor,  in  stock  or  poultry  raising  or  in  household  domestic 
service. 

Compensation  schedule. 

§  15.  WTiere  liability  for  compensation  under  this  act  exists  such  com- 
pensation shall  be  furnished  or  paid  by  the  employer  and  be  as  provided 
in  the  following  schedule: 

Medical  treatment. 

(a)  Such  medical,  surgical  and  hospital  treatment,  including  nursing, 
medicines,  medical  and  surgical  supplies,  crutches  and  apparatus,  as  may 
reasonably  be  required  at  the  time  of  the  injury  and  within  ninety  days 
thereafter,  to  cure  and  relieve  from  the  effects  of  the  injury,  the  same 
to  be  provided  bv  the  employer,  and  in  case  of  his  neglect  or  refusal 
seasonably  to  do  so,  the  employer  to  be  liable  for  the  reasonable  expense 
incurred  by  or  on  behalf  of  the  employee  in  providing  the  same. 

Disability  indemnity. 

(b)  1.  If  the  accident  causes  disability,  a  disability  indemnity  which 
shall  be  pavable  for  one  week  in  advance  as  wages  on  the  fifteenth  day 
after  the  injured  employee  leaves  work  as  a  result  of  the  injury,  and 
thereafter  on  the  emplover's  regular  pay-day,  but  not  less  frequently 
than  twice  in  each  calendar  month,  unless  otherwise  ordered  by  the 
commission,  subject,  however,  to  the  following  limitations: 

(1)  If  the  period  of  disability  docs  not  last  longer  than  two  weeks 
from  the  day  the  employee  leaves  work  as  the  result  of  the  injury  no 
disability  indemnity  whatever  shall  be  recoverable. 

(2)  If  the  period  of  disability  lasts  longer  than  two  weeks  Jrom  th.« 
day  the  employee  leaves  work  as  the  result  of  the  injury,  no  <!''"'':''.'/>■ 
indemnity  shall  be  recoverable  for  the  first  two  weeks  of  such  disability. 

2.  The  disability  indemnity  payable  shall  be  as  follows: 


Act  2144a,  §15  general  laws.  1422 

Temporary  disability. 

(1)  If  the  accident  causes  temporary  total  disability,  sixty  five  per 
cent  of  the  average  weekly  earnings  during  the  period  of  such  disability; 

(2)  If  the  accident  causes  temporary  partial  disability,  sixty-five  per 
cent  of  the  weekly  loss  in  wages  during  the  period  of  such  disability; 

(3)  If  the  temporary  disability  caused  by  the  accident  is  at  times  total 
and  at  times  partial,  the  weekly  disability  indemnity  during  the  periods 
pf  each  such  total  or  partial  disability  shall  be  in  accordance  with 
paragraphs   (1)    and    (2)    of   this   subdivision   respectively; 

Aggregate  indemnity. 

(4)  Paragraphs  (1),  (2)  and  (3)  of  this  subdivision  shall  be  limited 
as  follows:  aggregate  disability  indemnity  for  a  single  injury  causing 
temporary  disability  shall  not  exceed  three  times  the  average  annual 
earnings  of  the  employee,  nor  shall  the  aggregate  disability  period  for 
such  temporary  disability  in  any  event  extend  beyond  two  hundred 
forty  weeks  from  the  date  of  the  accident. 

Permanent  disability. 

(5)  If  the  accident  causes  permanent  disability,  the  percentage  of  dis- 
ability to  total  disability  shall  be  determined  and  the  disability  indemnity 
computed  and  allowed  as  follows:  for  a  ten  per  cent  disability,  sixty- 
five  jier  cent  of  the  average  weekly  earnings  for  a  period  of  forty  weeks; 
for  a  twenty  per  cent  disability,  sixty-five  per  cent  of  the  average  weekly 
earnings  for  a  period  of  eighty  weeks;  for  a  thirty  per  cent  disability, 
sixty-five  per  cent  of  the  average  weekly  earnings  for  a  period  of  one 
hundred  twenty  weeks;  for  a  forty  per  cent  disability,  sixty-five  per  cent 
of  the  average  weekly  earnings  for  a  perioU  of  one  hundred  sixty  weeks; 
for  a  fifty  per  cent  disability,  sixty  five  per  cent  of  the  average  weekly 
earnings  for  a  period  of  two  hundred  weeks;  for  a  sixty  per  cent  dis- 
ability, sixty-five  per  cent  of  the  average  weekly  earnings  for  a  period  of 
two  hundred  forty  weeks;  for  a  seventy  per  cent  disability,  sixty-five  per 
cent  of  the  average  weekly  earnings  for  a  period  of  two  hundred  forty 
weeks,  and  thereafter  ten  per  cent  of  such  weekly  earnings  during  the 
remainder  of  life;  for  an  eighty  per  cent  disability,  sixty-five  per  cent  of 
the  average  weekly  earnings  for  a  period  of  two  hundred  forty  weeks, 
and  thereafter  twenty  per  cent  of  such  weekly  earnings  during  the  re- 
mainder of  life;  for  a  ninety  per  cent  disability,  sixty-five  per  cent  of 
the  average  weekly  earnings  for  a  period  of  two  hundred  forty  weeks 
and  thereafter  thirty  per  cent  of  such  weekly  earnings  during  the  re- 
mainder of  life;  for  a  hundred  per  cent  disability,  sixtj- five  per  cent  of 
the  average  weekly  earnings  for  a  period  of  two  hundred  forty  weeks 
and  thereafter  forty  per  cent  of  such  weekly  earnings  during  the  re- 
mainder of  life. 

Intermediate  schedule. 

(tt)  The  indemnity  for  permanent  disabilities  intermediate  to  those 
fixed  by  the  foregoing  schedule  shall  be  computed  and  allowed  as  follows: 


1423  MASTER   AXD    SERVANT.  Act  2144a,  §  15 

if  under  seventy  per  cent,  sixty-five  per  cent  of  the  average  weekly  earn- 
ings for  four  weeks  for  each  one  per  cent  of  disability;  if  seventy  per 
cent  or  over,  sixtj'-five  per  cent  of  the  average  weekly  earnings  for  two 
hundred  fort}'  weeks  and  thereafter  one  per  cent  of  "such  weekly  earn- 
ings for  each  one  per  cent  of  disability  in  excess  of  sixty  per  eeiit  to  be 
paid  during  the  remainder  of  life. 

Determination  of  injury. 

(7)  In  determining  the  percentages  of  permanent  disability,  account 
shall  be  taken  of  the  nature  of  the  physical  injury  or  disfigurement,  the 
occupation  of  the  injured  employee  and  his  age  at  the  time  of  such  injury. 

Incapacity  due  to  illness. 

(8)  Nothing  contained  in  the  foregoing  schedule  of  permaueut  disabil- 
ity indemnity  shall  be  held  to  limit  the  amount  of  compensation  recover- 
able for  any  such  permadent  injury  during  any  period  of  total  incapacity 
due  to  illness  resulting  from  that  injury,  but  any  sum  so  received  shall 
be  deducted  from  the  compensation  payable  in  accordance  with  the  said 
schedule. 

Total  disabilities. 

(9)  The  following  permanent  disabilities  shall  be  conclusively  presumed 
to  be  total  in  character:  Loss  of  both  eyes  or  the  sight  thereof;  loss 
of  both  hands  or  the  use  thereof;  an  injury  resulting  in  a  practically  total 
paralysis;  an  injury  to  the  brain  resulting  in  incurable  imbecility  or  in- 
sanity. In  all  other  cases,  permanent  total  disability  shall  be  determined 
in  accordance  with  the  fact. 

Death  of  injured  employee. 

3.  The  death  of  the  injured  employee  shall  not  affect  the  liability  of 
the  employer  under  subsections  (a)  and  (b)  of  this  section,  so  far  as 
such  liability  Las  accrued  and  become  payable  at  the  date  of  the  death, 
and  any  accrued  and  unpaid  compensation  shall  be  paid  to  the  dependents, 
if  any,  without  administration,  or  if  there  are  no  dependents,  to  the 
personal  representatives  of  the  deceased  employee  or  other  person  en- 
titled thereto,  but  such  death  shall  be  deemed  to  be  the  termination  of 
the  disability. 

Death  benefits. 

(c)  If  the  accident  causes  death,  either  with  or  without  disaldlity,  a 
death  benefit  which  shall  be  payable  in  installments  equal  to  sixty-five 
per  cent  of  the  average  weekly  earnings  of  the  ileceased  cm|>loye(>,  ii|ion 
the  employer's  regular  pay-day,  but  not  less  frequently  than  twice  in  eaidi 
calendar  month,  unless  otherwise  ordered  by  the  commissiou,  which  death 
benefit  shall  be  as  follows: 

Leaving  person  wholly  dependent. 

(!)  In  case  the  deceased  employee  leaves  a  person  or  persons  whidly 
dependent  upou  him  for  support,  "the  death  benefit  shall  be  a  sum  sulli- 


Act  2144a,  §  16  gener.vl  laws.  1424 

cient,  when  added  to  the  disaVjility  indemnity  which,  at  the  time  of  death 
has  accrued  and  become  payable,  under  the  provisions  of  subsection  (b) 
hereof,  to  make  the  total  disability  indemnity  and  death  benefit  equal 
to  three  times  his  average  annual  earnings,  such  annual  earnings  to  be 
taken  at  not  less  than  three  hundred  and  thirty-three  dollars  and  thirty- 
three  cents  nor  more  than  one  thousand  six  hundred  and  sixty  six  dollars 
and  sixty-six  cents. 

Leaving  person  partially  dependent. 

(2)  In  ease  the  deceased  employee  leaves  no  person  wholly  dependent 
upon  him  for  support,  but  one  or  more  persons  partially  dependent 
therefor,  the  death  benefit  shall  be  such  percentage  of  three  times  such 
average  annual  earnings  of  the  employee  as  the  annual  amount  devoted 
by  the  deceased  to  the  support  of  the  person  or  persons  so  partially 
dependent  bears  to  such  average  annual  earnings;  provided,  that  the 
death  benefit  shall  not  be  greater  than  a  sum  sufficient,  when  added 
to  the  disability  indemnity  which,  at  the  time  of  the  death,  has  accrued 
and  become  payable  under  the  provisions  of  subsection  (b)  hereof  to 
make  the  total  disability  indemnity  and  death  benefit  equal  to  three 
times  his  average  annual  earnings,  such  average  annual  earnings  to 
be  taken  at  not  less  than  three  hundred  and  thirty-three  dollars  and 
thirt^'-three  cents  nor  more  than  one  thousand  six  hundred  and  sixty-six 
dollars   and   sixty-six   cents. 

Leaving  no  person  dependent. 

(3)  If  the  deceased  employee  leaves  no  person  dependent  upon  him 
for  support,  the  death  benefit  shall  consist  of  the  reasonable  expenses 
of  his  burial  not  exceeding  one  hundred  dollars  and  such  further  death 
benefit  as  may  be  provided  by  law. 

Pasrment  as  a  discharge. 

(d)  PaA-ment  of  compensation  in  accordance  with  the  order  and  direc- 
tion of  the  commission  shall  discharge  the  employer  from  all  claims 
therefor. 

Limitation  of  actions. 

§  16.  (a)  Unless  compensation  is  paid  or  an  agreement  for  its  pay- 
ment made  within  the  time  limited  in  this  section  for  the  institution  of 
proceedings  for  its  collection,  the  right  to  institute  such  proceedings 
shall  be  w^holly  barred. 

(b)  The  periods  within  which  proceedings  for  the  collection  of  com- 
pensation may  be   commenced  are   as  follows: 

(1)  Proceedings  for  the  collection  of  the  benefit  provided  by  sub- 
section (a)  of  section  15  or  for  the  collection  of  the  disability  indem- 
nity provided  by  subsection  (b)  of  said  section  15  must  be  commenced 
within  six  months  from  the  date  of  the  accident,  except  as  otherwise 
provided  in  this  act. 


1425  MASTER   AND   SERVANT.  Act  2144a,  §  IG 

(2)  Proceedings  for  the  collection  of  the  death  benefit  provided  by 
subsection  (c)  of  said  section  15  mvist  be  commenced  within  one  j-^ear 
from  the  date  of  death,  and  in  any  event  within  two  hundred  forty 
weeks  from  the  date  of  the  accident,  and  can  only  be  maintained  when 
it  appears  that  death  ensued  within  one  year  from  the  date  of  the 
aeeideut,  or  that  the  accident  causing  death  also  caused  disability 
which  continued  to  the  date  of  the  death  and  for  which  a  disability 
indemnity  was  paid,  or  an  agreement  for  its  payment  made,  or  pro- 
ceedings for  its  collection  commenced  within  the  time  limited  for  the 
commencement  of  proceedings  for  the  recovery  of  the  disability  in- 
demnity. 

Payment  extends  period. 

(c)  The  payment  of  the  disability  indemnity  or  death  benefit,  or  any 
part  thereof,  or  agreement  therefor,  shall  have  the  effect  of  extending 
the  period  within  which  proceedings  for  its  collection  may  be  com- 
menced, six  months  from  the  date  of  the  agreement  or  last  payment 
of  such  disability  indemnity  or  death  benefit  or  any  part  thereof. 

In  case  of  minor  dependents. 

(d)  If  an  injured  employee,  or  in  the  case  of  his  death,  one  or  more 
of  his  dependents,  shall  be  a  minor  or  incompetent  at  any  time 
when  any  right  or  privilege  accrues  to  such  person  under  the  provisions 
of  this  act,  a  general  guardian,  appointed  by  the  court  or  a  guardian 
ad  litem  or  trustee  appointed  by  the  commission  or  a  commissioner 
may,  on  behalf  of  any  such  person,  claim  and  exercise  any  such  right 
or  privilege  with  the  same  force  and  effect  as  if  no  such  disability 
existed;  and  no  limitation  of  time  provided  by  this  act  shall  run  against 
any  such  minor  or  incompetent  unless  and  until  such  guardian  or  trustee 
is  appointed. 

Refusal  of  medical  treatment. 

(e)  No  compensation  shall  be  payable  in  respect  of  the  death  or 
disability  of  an  employee  if  his  death  is  caused,  or  if  and  so  far  as  his 
disability  is  caused,  continued,  or  aggravated,  by  an  unreasonable  re- 
fusal to  submit  to  medical  treatment,  or  to  any  surgical  treatment,  the 
risk  of  which  is,  in  the  opinion  of  the  commission,  inconsiderable  in 
view  of  the  seriousness  of  the  injury. 

Previous  injury  no  bar.  . 

(f)  The  fact  that  an  employee  has  suffered  a  previous  disability,  or 
receives  compensation  therefor,  shall  not  preclude  him  from  comppiisa- 
tion  for  a  later  injury,  or  his  dependents  from  conipc^nsufion  for  M.-nth 
resulting  therefrom,  but  in  determining  compensation  for  the  later  iti- 
jury,  or  death  resulting  therefrom,  his  average  annual  eiirningK  hIkUI 
be  fixed  at  such  sum  as  will  reasonably  represent  bis  annual  earning 
capacity  at  the  time  of  the  later  injury. 

90 


Act  2144a,  §  17  general  laws.  1426 

Payment  during  incapacity  not  admission  of  liability,  e}^. 

(g)  Any  payment,  allowance  or  benefit  received  by  the  in3ured  em- 
ployee during  the  period  of  his  incapacity,  or  by  his  dependents  in  the 
event  of  his  death,  which  by  the  terms  of  this  act  was  not  then  due 
and  payable  or  when  there  is  any  dispute  or  question  concerning  the 
right  to  compensation,  shall  not,  in  the  absence  of  any  agreement,  be 
construed  to  be  an  admission  of  liability  for  compensation  on  the  part  of 
the  employer,  or  the  acceptance  thereof  as  a  waiver  of  any  right  or 
claim  which  the  employee  or  his  dependents  may  have  against  the  em- 
ployer, but  any  such  payment,  allowance  or  benefit  may  be  taken  into 
account  by  the  commission  in  fixing  the  amount  of  the  compensation  to 
be  paid. 

Average  weekly  and  annual  earnings. 

§  17.  (a)  The  average  weekly  earnings  referred  to  in  section  15 
hereof  shall  be  one  fifty-second  of  the  average  annual  earnings  of  the 
employee;  in  computing  such  earnings  his  average  annual  earnings  shall 
be  taken  at  not  less  than  three  hundred  and  thirty-three  dollars  and 
thirty-three  cents,  nor  at  more  than  one  thousand  six  hundred  and 
sixty-six  dollars  and  sixty-six  cents  and  between  said  limits  shall  be 
arrived  at  as  follows: 

In  same  emplo3mient  one  year. 

(1)  If  the  injured  employee  has  worked  in  the  same  employment, 
whether  for  the  same  employer  or  not,  during  substantially  the  whole 
of  the  year  immediately  preceding  his  injury,  his  average  annual  earn- 
ings shall  consist  of  three  hundred  times  the  average  daily  earnings, 
wage  or  salary  which  he  earned  as  such  employee  during  the  days 
when   so   employed. 

Less  than  one  year. 

(2)  If  the  injured  employee  has  not  so  worked  in  such  employment 
during  substantially  the  whole  of  such  immediately  preceding  year,  his 
average  annual  earnings  shall  consist  of  three  hundred  times  the  aver- 
age daily  earnings,  wage  or  salary  which  an  employee  of  the  same 
class,  working  substantially  the  whole  of  such  immediately  preceding 
year,  in  the  same  or  a  similar  kind  of  employment,  in  the  same  or  a 
neighboring  place,  earned  during  the  days  when  so  employed. 

Other  cases. 

(3)  In  every  case  where  for  any  reason  the  foregoing  methods  of 
arriving  at  the  average  annual  earnings  of  the  injured  employee  cannot 
reasonably  and  fairly  be  applied,  such  annual  earnings  shall  be  taken 
at  such  sum  as,  having  regard  to  the  previous  earnings  of  the  injured 
employee,  and  of  other  employees  of  the  same  or  most  siTuilar  class, 
working  in  the  same  or  most  similar  employment,  in  the  same  or  neigh- 
boring locality,  shall  reasonably  represent  the '  average  annual  earning 
capacity  of  the  injured  employee  at  the  time  of  the  injur}'  in  the  kind 


1427  MASTER  AND  SERVANT.      Act  214-ta,  §§  18,  19 

of   employment   in   which   he   was  then   working,   or  in   any  employment 
similar  thereto. 

Items  included  in  estimate. 

(b)  In  determining  such  average  weekly  earnings,  there  shall  be  in- 
eluded  the  market  value  of  board,  lodging,  fuel  and  other  advantages 
received  by  the  injured  employee,  as  part  of  his  remuneration  and  which 
can  be  estimated  in  money,  but  such  average  weekly  earnings  shall  not 
include  any  sum  which  the  employer  paid  to  the  injured  employee  to 
cover  any  special  expenses  entailed  on  him  by  the  nature  of  his  employ- 
ment. 

Estimate  in  case  of  minor. 

(c)  If  the  injured  employee  is  a  minor,  and  his  incapacity,  whether 
total  or  partial,  is  permanent,  his  average  weekly  earnings  shall  be 
deemed,  within  the  limits  fixed,  to  be  the  weekly  sum,  that  under 
ordinary  circumstances  he  would  pirobably  be  able  to  earn  after  obtain- 
ing the  age  of  twenty-one  years,  in  the  occupation  in  which  he  was 
employed  at  the  time  of  the  injury,  if  he  had  not  been  injured. 

Weekly  loss  in  wages. 

§  18.  The  weekly  loss  in  wages  referred  to  in  section  15  hereof  shall 
consist  of  the  difference  between  the  average  weekly  earnings  of  the 
injured  employee,  computed  according  to  the  provisions  of  said  section, 
and  the  weekly  amount  which  the  injured  employee,  in  the  exercise  of 
reasonable  diligence,  will  probably  be  able  to  earn  during  the  disability, 
to  be  determined  in  view  of  the  nature  and  extent  of  the  injury.  In 
computing  such  probable  earnings  due  regard  shall  be  had  to  the  ability 
of  the  injured  employee   to   compete   in  an   open  labor  market. 

Persons  wholly  dependent  for  support. 

§  19.  (a)  The  following  shall  be  conclusively  presumed  to  be  wholly 
dependent  for  support   upon   a  deceased  employee: 

(1)  A  wife  upon  a  husband  with  whom  she  was  living  at  tlic  time 
of  his  death. 

(2)  A  husband  upon  a  wife  upon  whose  earnings  he  is  partially  or 
wholly   dependent   at   the   time   of  her   death. 

(3)  A  child  or  children  under  the  age  of  eighteen  years  (or  over  said 
age,  but  physically  or  mentally  incapacitated  from  earning)  upon  the 
parent  with  whom  he  or  they  are  living  at  the  time  of  the  death  of 
such  parent  or  for  whose  maintenance  such  parent  was  legally  liable 
at  the  time  of  his  death,  there  being  no  surviving  dependent  parent. 

Dependency  question  of  fact. 

(b)  In  all  other  cases,  questions  of  entire  or  partial  dependency  and 
questions  as  to  who  constitute  dependents  and  the  extent  of  their  de- 
pendency shall  be  determined  in  accordance  with  the  fact,  as  the  fact 
may  be  at  the  time  of  the  death  of  the  employee. 


Act  2144a,  §  20  general  laws.  1428 

Persons  not  dependents. 

(c)  No  person  shall  be  considered  a  dependent  of  any  deceased  em- 
ployee unless  a  member  of  the  family  of  such  employee  or  unless  such 
person  bears  to  such  employee  the  relation  of  husband  or  wife,  child, 
adopted  child  or  stepchild,  father  or  mother,  father  in  law  or  mother  in 
law,  grandfather  or  grandmother,  brother  or  sister,  nephew  or  niece. 

Division  of  benefit  between  persons  wholly  and  partially  dependent. 

(d)  1.  If  there  is  one  or  more  persons  wholly  dependent  for  support 
upon  a  deceased  employee,  such  person  or  persons  shall  receive  the 
entire  death  benefit,  and  any  person  or  persons  partially  dependent  shall 
receive  no  part  thereof,  unless  otherwise  ordered  by  the  commission. 

2.  If  there  is  more  than  one  such  person  wholly  dependent  for  support 
upon  a  deceased  em.ployee,  the  death  benefit  shall  be  divided  equally 
among  them,   unless   otherwise    ordered   by   the   commission. 

3.  If  there  is  more  than  one  person  partially  dependent  for  support 
upon  a  deceased  emploj'ee,  and  no  person  wholly  dependent  for  sup- 
port, the  amount  allowed  as  the  death  benefit  shall  be  divided  among 
the  persons  so  partially  dependent  in  proportion  to  the  relative  extent 
of  their   dependency,  unless   otherwise   ordered  by  the  commission. 

Commission  may  apportion  benefits. 

(e)  The  death  benefits  shall  be  paid  to  such  one  or  more  of  the  de- 
pendents of  the  deceased,  or  to  a  trustee  appointed  by  the  commission, 
or  a  commissioner,  for  the  benefit  of  the  person  or  persons  entitled, 
as  may  be  determined  by  the  commission,  and  the  commission  may, 
anything  in  this  act  contained  to  the  contrary  notwithstanding,  ap- 
portion such  benefits  among  the  dependents  in  proportion  to  their  respec- 
tive needs  and  as  may  be  just  and  equitable,  and  may  order  payment 
to  a  dependent  subsequent  in  right,  or  not  otherwise  entitled,  upon  good 
cause  being  shown  therefor.  The  person  to  whom  the  death  benefit 
is  paid  for  the  use  of  the  several  beneficiaries  shall  apply  the  same  in 
compliance   with   the  findings   and   directions   of   the   commission. 

Notice  to  employer  of  accident.    Actual  knowledge. 

§  20.  No  claim  to  recover  compensation  under  this  act  shall  be  main- 
tained unless  within  thirty  days  after  the  occurrence  of  the  accident 
which  is  claimed  to  have  caused  the  injury  or  death,  notice  in  writing, 
stating  the  name  and  the  address  of  the  person  injured,  the  time  and 
the  place  where  the  accident  occurred,  and  the  nature  of  the  injury, 
and  signed  by  the  person  injured  or  someone  in  his  behalf,  or  in  case 
of  his  death,  by  a  dependent  or  some  one  in  his  behalf,  shall  be  served 
upon  the  employer;  provided,  however,  that  actual  knowledge  of  such 
accident  and  injury  on  the  part  of  such  employer,  or  his  managing 
agent  or  superintendent  in  charge  of  the  work,  upon  which  the  injured 
employee  was  engaged  at  the  time  of  the  injury,  shall  be  equivalent 
to  such  service;  and  provided,  further,  that  the  failure  to  give  any 
such  notice,  or  any  defect  or  inaccuracy  therein,  shall  not  be  a  bar  to 


1429  MASTER  AND  SERVANT.     Act  2144a,  §§  21,  22 

recovery  under  this  act  if  it  is  found  as  a  fact  in  the  proceedings  for 
the  collection  of  the  claim  that  there  was  no  intention  to  mislead  or 
prejudice  the  employer,  and  that  he  was  not  in  fact  misled  or  prejudiced 
thereby. 

Examination  by  physician. 

§  21.  (a)  Whenever  in  case  of  injury  the  right  to  compensation 
under  this  act  would  exist  in  favor  of  any  employee,  ho  shall,  upon  the 
written  request  of  his  employer,  submit  from  time  to  time  to  examina- 
tion by  a  practicing  physician,  who  shall  be  provided  and  paid  for  by 
the  employer,  and  shall  likewise  submit  to  examination  from  time  to 
time  by  any  physician  selected  by  the  commission  or  any  member  or 
referee  thereof. 

Refusal  to  submit  to  examination. 

(b)  The  request  or  order  for  such  examination  shall  fix  a  time  and 
place  therefor,  due  regard  being  had  to  the  convenience  of  the  employee 
and  his  physical  condition  and  ability  to  attend  at  the  time  and  place 
fixed.  The  employee  shall  be  entitled  to  have  a  physician  provided 
and  paid  for  by  himself  present  at  any  such  examination.  So  long 
as  the  employee,  after  such  written  request  of  the  employer,  shall  fail 
or  refuse  to  submit  to  such  examination  or  shall  in  any  way  obstruct 
the  same,  his  right  to  begin  or  maintain  any  proceeding  for  the  col- 
lection of  compensation  shall  be  suspended,  and  if  he  shall  fail  or 
refuse  to  submit  to  such  examination  after  direction  by  the  commission, 
or  any  member  or  referee  thereof,  or  shall  in  any  way  obstruct  the 
same,  his  right  to  the  weekly  indemnity  which  shall  accrue  and  become 
payable  during  the  period  of  such  failure,  refusal  or  obstruction,  sliall 
be  barred.  Any  physician  who  shall  make  or  be  present  at  any  such 
examination  may  be  required  to  testify  as  to  the  results  thereof. 

Application  for  hearing  on  dispute. 

§  22.  Upon  filing  with  the  commission  by  any  party  in  interest 
of  an  application  in  writing  stating  the  general  nature  of  any  dispute 
or  controversy  concerning  compensation,  or  concerning  any  riglit  of  lia- 
bility arising  out  of,  or  incident  thereto,  jurisdiction  over  which  is 
vested  by  this  act  in  the  commission,  a  time  and  -,)lace  shall  be  fixed  for 
the  hearing  thereof,  which  shall  be  not  less  than  ten  days  nor  more 
than  forty  days  after  the  filing  of  such  application.  The  person  filing 
such  application  shall  be  known  as  the  applicant  and  the  adverse  party 
shall  be  known  as  the  defendant.  A  copy  of  said  application  together 
with  a  notice  of  the  time  and  place  of  hearing  thereof,  shall  forthwith 
be  served  upon  all  adverse  parties  and  may  be  served  cither  as  a  sum- 
mons in  a  civil  action  or  in  the  same  manner  as  any  other  notice  that 
is  authorized  or  required  to  be  served  under  the  provisions  of  thin  net. 
A  notice  of  the  time  and  place  of  hearing  shall  also  be  served  upon 
the  applicant. 


Act  2144a,  §§  23-25  general  laws.  1430 

Defendant's  answer. 

§  23.  If  any  defendant  desires  to  disclaim  any  interest  in  the  sub- 
ject matter  of  the  claim  in  controversy,  or  considers  that  the  application 
is  in  any  respect  inaccurate  or  incomplete,  or  desires  to  bring  any  fact, 
paper  or  document  to  the  attention  of  the  commission  as  a  defense  to 
the  claim,  or  otherwise,  he  must  within  five  days  after  the  service  of 
the  application  upon  him,  file  with  or  mail  to  the  commission  his  answer 
setting  forth  the  particulars  in  which  the  application  is  inaccurate  or 
incomplete,  and  the  facts  upon  which  he  intends  to  rely.  A  copy  of  such 
answer  must  be  forthwith  served  upon   all  adverse  parties. 

Pleadings,  testimony,  etc.     Stipulation  of  facts. 

§  2i.  (a)  No  pleadings,  other  than  the  application  and  answer,  shall 
be  required.  The  hearing  on  the  application  may  be  adjourned  from 
time  to  time  and  from  place  to  place  in  the  discretion  of  the  com- 
mission. Either  party  shall  have  the  right  to  be  present  at  any  hear- 
ing, in  person  or  by  attorney  or  by  any  other  agent,  and  to  present 
such  testimony  as  shall  be  pertinent  under  the  pleadings,  but  the  com- 
mission may,  with  or  without  notice  to  either  party,  cause  testimony 
to  be  taken,  or  inspection  of  the  premises  where  the  injury  occurred 
to  be  made,  or  the  time-books  and  pay-roll  of  the  employer  to  be  ex- 
amined by  any  commissioner  or  any  referee  appointed  by  the  commission, 
and  may  from  time  to  time  direct  any  employee  claiming  compensation 
to  be  examined  by  a  regular  physician;  the  testimony  so  taken  and 
the  results  of  any  such  inspection  or  examination  to  be  reported  to  the 
commission  for  its  consideration. 

(b)  The  parties  to  a  controversy  may  stipulate  the  facts  relative 
thereto  in  writing  and  file  such  stipulation  with  the  commission.  The 
commission  may  thereupon  make  its  findings  and  award  based  upon 
such  stipulation,  or  may  in  its  discretion  set  the  matter  down  for  hear- 
ing and  take  such  further  testimony  or  make  such  further  investigations 
as  may  be  necessary  to  enable  it  to  completely  determine  the  matter 
in  controversy. 

Findings  and  award. 

§  25.  (a)  After  final  hearing  by  the  commission,  it  shall,  within 
thirty  days,  make  and  file  (1)  its  findings  upon  all  facts  involved  in 
the  controversy  and  (2)  its  award  which  shall  state  its  determination 
as  to  the  rights   of  the   parties. 

Compensation. 

(b)  The  commission  in  its  award  may  fix  and  determine  the  total 
amount  of  compensation  to  be  paid  and  specify  the  manner  of  payment, 
or  may  fix  and  determine  the  weekly  disability  indemnity  to  be  paid 
and  order  payment  thereof  during  the  continuance  of  such  disability. 

Nominal  disability  indemnity. 

(c)  If,  in  any  proceeding  under  sections  12  to  3o.  inclusive,  of  this 
act,  it  is  proved  that  an  accident  has  happened  for  which  the  employer 


1431  MASTER  AND  SERVANT.  Act  2144a.  §  26 

would  be  liable  to  pay  compensation  if  disability  had  resulted  therefrom, 
but  it  is  not  proved  that  any  incapacity  had  resulted,  the  commission 
may,  instead  of  dismissing  the  application,  award  a  nominal  disability 
indemnity,  if  it  appears  that  disability  is  likely  to  result  at  a  future  time. 

Orders  may  be  rescinded,  altered  or  amended. 

(d)  The  commission  shall  have  continuing  jurisdiction  over  all  its 
orders,  decisions  and  awards  made  and  entered  under  the  provisions  of 
sections  12  to  35,  inclusive,  of  this  act  and  may  At  any  time,  upon  notice, 
and  after  opportunity  to  be  heard  is  given  to  the  parties  in  interest, 
rescind,  alter  or  amend  any  such  order,  decision  or  award  made  by  it 
upon  good  cause  appearing  therefor;  provided,  that  no  award  of  compen- 
sation shall  be  rescinded,  altered  or  amended  after  two  hundred  forty- 
five  weeks  from  the  date  of  the  accident.  Any  order,  decision  or  awar<l 
rescinding,  altering  or  amending  a  prior  order,  decision  or  awanl  shall 
have  the  same  effect  as  is  herein  provided  for  original  orders,  decisions  or 
awards. 

Findings  may  be  filed  with  court. 

§  26.  (a)  Any  party  affected  thereby  may  file  a  certified  copy  of  the 
findings  and  award  of  the  commission  with  the  clerk  of  the  superior  court 
for  any  county,  or  city  and  county,  and  judgment  must  be  entered  by 
the  clerk  in  conformity  therewith  immediately  upon  the  filing  of  such 
findings  and  award. 

Judgment-roll. 

(b)  The  certified  copy  of  the  findings  and  award  of  the  commission 
and  a  copy  of  the  judgment  shall  constitute  the  judgment-roll.  The 
pleadings,  all  orders  of  the  commission,  its  original  findings  and  award, 
and  all  other  papers  or  documents  filed  in  the  cause  shall  remain  on  file 
in  the  office  of  the  commission. 

Stay  of  execution. 

(c)  The  commission,  or  any  member  thereof,  may  stay  the  rxcciitior. 
of  any  judgment  entered  upon  an  award  of  the  commission,  upon  good 
cause  appearing  therefor  and  upon  such  terms  and  conditions  as  may  be 
imposed.  A  certified  copy  of  such  order  shall  be  filed  with  the  clerk 
entering  such  judgment. 

Satisfaction  of  judgment. 

(d)  Satisfaction  of  a  judgment  entered  ujion  the  award  of  (he  mm 
mission  may  be  entered  in  the  manner  provided  by  law  for  th<-  siitiH 
faction  of  judgment.  When  a  judgment  is  satisfie.l  in  fact,  otherwise 
than  upon  an  execution,  the  commission  may,  upon  motion  of  eith.-r  party 
or  of  its  own  motion,  order  the  entry  of  satisfa.'tion  of  the  judgMient  to 
be  made,  and  upon  filing  a  certified  copy  of  such  or.ler  with  the  said  clerk, 
he  shall  thereupon  enter  such  satisfaction. 


Act  21Ma,  §§  27-29  general  laws.  1432 

Review  of  decisions  by  courts. 

§  27.  The  orders,  findings,  decisions  or  awards  of  the  commission  made 
and  entered  under  sections  12  to  35,  inclusive,  of  this  act  may  be  re- 
viewed by  the  courts  specified  in  sections  84  and  So,  hereof  and  within 
the  time  and  in  the  manner  therein  specified  and  not  otherwise. 

Fees  of  clerk  of  court.    Costs.    Interest. 

§  28.  No  fees  shall  be  charged  by  the  clerk  of  any  court  for  the  per- 
formance of  any  oiBcial' service  required  by  this  act,  except  for  the  dock- 
eting of  awards  as  judgments  and  for  certified  copies  of  transcripts 
thereof.  In  all  proceedings  under  this  act  before  the  commission,  costs 
as  between  the  parties  shall  be  allowed  or  not  in  the  discretion  of  the 
commission,  and  the  commission  may  in  its  discretion,  where  payments 
of  compensation  have  been  unreasonably  delayed,  allow  the  beneficiary 
thereof  interest  thereon,  at  not  to  exceed  one  and  one-half  per  cent  per 
month,  during  such  period  of  delay. 

Assignment  of  claim. 

§  29.  (a)  No  claim  for  compensation  shall  be  assignable  before  pay- 
ment, but  this  provision  shall  not  affect  the  survival  thereof,  nor  shall 
any  claim  for  compensation,  or  compensation  awarded,  adjudged  or  paid, 
be  subject  to  be  taken  for  the  debts  of  the  party  entitled  to  such  com- 
pensation, except  as  hereinafter  provided. 

Conmiission  may  allow  attorney's  fee,  etc. 

(b)  The  commission  may  fix  and  determine  and  allow  as  a  lien  against 
any  amount  to  be  paid  as  compensation: 

(1)  A  reasonable  attornej-'s  fee  for  legal  services  pertaining  to  any 
claim  for  compensation  or  application  filed  therefor  and  the  reasonable 
disbursements  in  connection  therewith. 

(2)  The  reasonable  expense  incurred  by  or  on  behalf  of  the  injured 
employee  and  for  which  the  emploj'er  is  liable  under  the  provisions  of 
subsection  (a)   of  section  1.5  hereof. 

(3)  The  reasonable  burial  expenses  of  the  deceased  employee,  not  to 
exceed  the  sum  of  one  hundred  dollars. 

Notice  to  employer  of  lien, 

(c)  If  notice  in  writing  be  given  to  the  employer  setting  forth  the 
nature  and  extent  of  any  claim,  that  may  be  allowed  as  a  lien,  the  said 
claim  shall  be  a  lien  against  any  amount  thereafter  to  be  paid  as  com- 
pensation, subject  to  the  determination  of  the  amount  and  approval 
thereof  by  the  commission.  The  commission  may,  in  its  discretion,  order 
the  amount  of  such  claim  as  fixed  and  allowed  by  it  paid  directly  to  the 
person  entitled,  either  in  a  lump  sum  or  in  installments. 

Claim  for  legal  services  limited. 

(d)  No  claim  or  agreement  for  the  legal  services  or  disbursements 
mentioned  in  paragraph  (1)  of  subsection  (b)  hereof,  or  for  the  expense 


1433  MASTER  AND  SERVANT.  Act  2144a,  §  30 

mentioned  in  paragraph  (2)  of  said  subsection  (b),  in  excess  of  a  reason- 
able amount,  shall  be  valid  or  binding  in  any  respect. 

Claim  for  compensation  given  preference. 

(e)  A  claim  for  compensation  for  the  injury  or  death  of  any  employee, 
or  any  award  or  judgment  entered  thereon,  shall  have  the  same  preference 
over  the  other  unsecured  debts  of  the  employer  as  is  given  by  law  to 
claims  for  wages.  Such  preference  shall  be  for  the  entire  amount  of 
compensation  to  be  paid,  but  this  section  shall  not  impair  the  lien  of  any 
previous  award. 

Principals'  liability. 

§  30.  The  liability  of  principals  and  contractors  for  compensation 
under  this  act,  when  other  than  the  immediate  employer  of  the  injured 
employee,  shall  be  as  follows: 

(a)  The  principal,  any  general  contractor  and  each  intermediate  con- 
tractor who  undertakes  to  do,  or  contracts  with  another  to  do,  or  to  have 
done,  any  work,  shall  be  liable  to  pay  to  any  employee  injured  while 
engaged  in  the  execution  of  such  work,  or  to  his  dependents  in  the  event 
of  his  death,  any  compensation  which  the  immediate  employer  is  liable  to 

pay. 

Recovery  from  immediate  employer. 

(b)  The  person  entitled  to  such  compensation  shall  have  the  riL'ht  to 
recover  the  same  directly  from  his  immediate  employer,  and  in  addition 
thereto  the  right  to  enforce  in  his  own  name,  in  the  manner  provided 
by  this  act,  the  liability  for  compensation  imposed  upon  other  persons 
by  this  section,  either  by  making  such  other  persons  parties  to  the  original 
application  or  by  filing  a  separate  application;  provided,  however,  that 
payment  in  whole  or  in  part  of  such  compensation  by  either  the  im- 
mediate employer  or  other  person  shall,  to  the  extent  of  such  payment, 
be  a  bar  to  recovery  against  the  other  by  any  person  entitled  to  such 
compensation. 

Recovery  from  person  primarily  responsible. 

(c)  When  any  person,  other  than  the  immediate  employer,  shall  liavo 
paid  any  compensation  for  which  he  would  not  have  been  liable  inde- 
pendentiv  of  this  section,  he  shall,  unless  he  caused  the  injury,  be  on- 
titled  to  recover  the  full  amount  so  paid  from  the  person  primarily  liablo 
therefor. 

Limitation  of  liability  aguinst  principal. 

(d)  The  liability  imposed  by  this  section  upon  snch  principal,  cncral 
contractor  and  intermediate  contractor  shall  be  subject  to  the  follow- 
ing limitations:  .    . 

(1)  Such  liability  shall  exist  only  in  cases  where  the  injury  ocmrrod 
on  or  in  or  about  the  premises  on  which  the  principal,  genenil  •■ontractor 
or  intermediate  contractor  has  undertaken  to  execute  any  work,  or  when 
such  premises  or  work  are  otherwise  under  his  control  or  managemont. 


Act  2144a,  §§  31, 32  general  laws.  1434 

(2)  Such  liability  shall  not  exist  in  the  event  that  the  immediate  em- 
ployer, or  other  person  primarily  liable  for  the  compensation  shall, 
previous  to  the  happening  of  such  accident,  have  taken  out,  and  main- 
tained in  full  force  and  eflfeet,  compensation  insurance  with  any  insurance 
carrier,  covering  his  full  liability  for  compensation  to  the  injured  per- 
son or  his  dependents. 

(3)  The  commission  may,  in  its  discretion,  order  that  execution  against 
the  principal,  general  contractor  and  any  intermediate  contractor,  be 
stayed  until  execution  against  the  immediate  employer  shall  be  returned 
unsatisfied. 

Claim  operates  as  assignment  of  right. 

§  31.  The  making  of  a  lawful  claim  against  an  employer  for  compen- 
sation under  this  act  for  the  injury  or  death  of  his  employee  shall  operate 
as  an  assignment  to  the  employer  of  any  right  to  recover  damages  which 
the  injured  employee,  or  his  personal  representative,  or  other  person, 
may  have  against  any  other  party  for  such  injury  or  death,  and  such 
employer  shall  be  subrogated  to  any  such  right  and  may  enforce  in  his 
own  name  the  legal  liability  of  such  other  party.  The  amount  of  com- 
pensation paid  by  the  employer,  or  the  amount  of  compensation  to  which 
the  injured  employee  or  his  dependents  is  entitled,  shall  not  be  admis- 
sible in  evidence  in  any  action  brought  to  recover  damages,  but  any 
amount  collected  by  the  employer,  under  the  provisions  of  this  section, 
in  excess  of  the  amount  paid  by  the  employer,  or  for  which  he  is  liable, 
shall  be  held  by  him  for  the  benefit  of  the  injured  employee  or  other 
person  entitled. 

No  exemption  by  contract. 

§  32.  (a)  No  contract,  rule  or  regulation  shall  exempt  the  employer 
from  liability  for  the  compensation  fixed  by  this  act,  but  nothing  in  this 
act  contained  shall  be  construed  as  impairing  the  right  of  the  parties 
interested  to  settle,  subject  to  the  provisions  herein  contained,  any  lia- 
bility which  may  be  claimed  to  exist  under  this  act  on  account  of  such 
injury  or  death,  or  as  conferring  upon  the  dependents  of  any  injured 
employee  any  interest  which  such  employee  may  not  divert  by  such 
settlement  or  for  which  he,  or  his  estate,  shall,  in  the  event  of  such 
settlement  by  him,  be  accountable  to  such  dependents  or  any  of  them. 

Measure  of  responsibility. 

(b)  The  compensation  herein  provided  shall  be  the  measure  of  the 
responsibility  which  the  employer  has  assumed  for  injuries  or  death  that 
may  occur  to  employees  in  his  employment  when  subject  to  the  provi- 
sions of  this  act,  and  no  release  of  liability  or  settlement  agreement  shall 
be  valid  unless  it  provides  for  the  payment  of  full  compensation  in  ac- 
cordance with  the  provisions  of  this  act  or  until  and  unless  it  shall  be 
approved  by  the  commission. 


1435  .    MASTER  AND  SERVANT.  Act  2144a,  §  33 

Release  to  be  filed  with  commission. 

(e)  A  copy  of  any  such  release  or  settlement  agreement  signed  bv 
hoth  parties  shall  forthwith  be  filed  with  the  commission.  Wh'en  such 
release  or  settlement  agreement  is  filed  with  the  commission  and  approved 
hy  it,  the  commission  may  of  its  own  motion,  or  on  the  application  of 
either  party,  without  notice,  enter  its  award  based  upon  such  release 
or  settlement  agreement. 

Execution  of  release. 

(d)  Every  such  release  or  settlement  agreement  shall  be  in  writing, 
duly  executed  and  attested  by  two  disinterested  witnesses,  and  shall 
si^eeify  the  date  of  the  accident,  the  average  weekly  wages  of  the  em- 
j'loyee,  determined  according  to  section  17  hereof,  the  nature  of  the 
disability,  whether  total  or  partial,  permanent  or  temporary,  the  amount 
paid  or  due  and  unpaid  to  the  employee  up  to  the  date  of  the  re- 
lease or  agreement  or  death,  as  the  case  may  be,  and,  if  any,  the  amount 
of  the  payment  or  benefits  then  or  thereafter  to  be  made,  and  the  length 
of  time  that  such  payment  is  to  continue.  In  case  of  death  there  shall 
also  be  stated  in  such  release  or  settlement  agreement  the  date  of  death, 
the  name  of  the  widow,  if  any,  the  name  and  ages  of  all  children,  if  any, 
and  the  names  of  all  other  dependents,  if  any,  and  whether  such  depend- 
ents be  total  or  partial,  and  the  amount  paid  or  to  be  paid  as  a  death 
benefit  and  to  whom  such  payment  is  to  be  made. 

Commission  may  commute  compensation  to  lump  sum. 

§  33.  (a)  At  the  time  of  making  its  award  or  at  any  time  thereafter 
the  commission  on  its  own  motion,  either  with  or  without  notice,  or  upon 
application  of  either  party  with  due  notice  to  the  other,  may  iu  its  dis- 
cretion, commute  the  compensation  payable  under  this  act  to  a  lump  «uin. 
if  it  appears  that  such  commutation  is  necessary  for  the  protection  of 
the  person  entitled  thereto,  or  for  the  best  interest  of  either  party,  or 
that  it  will  avoid  undue  expense  or  hardship  to  either  party,  or  that  the 
employer  has  sold  or  otherwise  disposed  of  the  greater  j)art  of  his  assets, 
or  is  about  to  do  so,  or  that  the  employer  is  not  a  resident  of  this  state, 
and  the  commission  may  order  such  compensation  paid  forthwith  or  at 
some  future  time. 

Rules  governing  commutation. 

(b)  The  amount  of  the  commuted  payment  shall  be  determined  in 
accordance  with  the  following  provisions: 

(1)  If  the  accident  causes  temporary  disability,  the  commission  shall 
estimate  the  probable  duration  thereof  and  the  probable  amount  (if  the 
temporary  disabilitv  indemnity  payable  therefor  iu  accordance  with  the 
provisions  of  section  15  hereof  and  shall  fix  the  lump  sum  payment  at 
such  amount  so  determined.  •       i  • 

(2)  If  the  accident  causes  permanent  disability  or  death,  the  cominis 
eion  shall  fix  the  total  amount  of  the  permanent  disability   indemnity  or 


Act  2144a,  §  34:  general  laws.  .  1436 

death  benefit  payable  therefor  in  accordance  with  the  provisions  of  said 
section  15  and  shall  estimate  the  present  value  thereof,  assuming  interest 
at  the  rate  of  six  per  cent  per  annum,  disregarding  the  probability  of  the 
beneficiary's  death  in  all  cases  except  where  the  percentage  of  permanent 
disability  is  such  as  to  entitle  the  beneficiary  to  a  life  pension,  and  then 
taking  into  consideration  the  probability  of  the  beneficiary's  death  only 
in  estimating  the  present  value  of  such  life  pension. 

Payment  direct,  or  deposit  in  trust.     Payments  from  trust  fund. 

(c)  The  commission  in  its  discretion  may  order  the  lump  sum  pay- 
ment, determined  as  hereinbefore  provided,  paid  directly  to  the  injured 
employee  or  to  his  dependents,  or  deposited  with  any  savings  bank  or 
trust  company  authorized  to  transact  business  in  this  state,  that  will 
agree  to  accept  the  same  as  a  deposit  bearing  interest  at  not  less  than 
four  per  cent  per  annum,  or  the  commission  may  order  the  same  de- 
posited with  the  state  compensation  insurance  fund.  Any  such  amount  so 
deposited,  together  with  all  interest  thereon,  shall  thereafter  be  held 
in  trust  for  the  injured  employee,  or  in  the  event  of  his  death,  for  his 
dependents,  who  shall  have  no  further  recourse  against  the  employer. 
Payments  from  said  fund,  when  so  deposited,  shall  be  made  by  the  trustee 
only  in  the  same  amounts  and  at  the  same  times  as  fixed  by  the  order 
of  the  commission  and  until  said  fund  and  interest  thereon  shall  be  ex- 
hausted. In  the  appointment  of  the  trustee  preference  shall  be  given,  in 
the  discretion  of  the  commission,  to  the  choice  of  the  injured  employee 
or  his  dependents.  Upon  the  making  of  such  payment,  the  employer 
shall  present  to  the  commission  a  proper  receipt  evidencing  the  same, 
executed  either  by  the  injured  employee  or  his  dcjiendents,  or  by  the 
trustee,  and  the  commission  shall  thereupon  issue  its  certificate  in  proper 
form  evidencing  the  same  and  such  certificate,  upon  filing  with  the  clerk 
of  the  superior  court  in  which  any  judgment  upon  an  award  may  have 
been  entered,  shall  operate  as  a  satisfaction  of  said  award  and  shall 
fully  discharge  the  employer  from  any  further  liability  on  account 
thereof. 

Mutual  insurance  companies  not  affected. 

§  34.  (a)  Nothing  in  this  act  shall  affect  the  organization  of  any 
mutual  or  other  insurance  company,  or  any  existing  contract  for  in- 
surance or  the  right  of  the  employer  to  insure  in  mutual  or  other  com- 
panies, in  whole  or  in  part,  against  liability  for  the  compensation  pro- 
vided for  by  this  act;  or,  to  provide  by  mutual  or  other  insurance,  or  by 
arrangement  with  his  employees,  or  otherwise,  for  the  payment  to  such 
employees,  their  families,  dependents  or  representatives,  of  sick,  accident 
or  death  benefits,  in  addition  to  the  compensation  provided  for  by  this  act. 

Compensation  not  affected  by  insurance. 

(b)  Liabilitj-  for  compensation  shall  not  be  reduced  or  affected  by  any 
insurance,  contribution,  or  other  benefit  whatsoever  due  to  or  received 
by  the  person   entitled   to   such   compensation,   except   as   otherwise  pro- 


1437  MASTER  AND  SERVANT.  Act  2141a,  §  34 

vided  by  this  act,  and  the  person  so  entitled  shall,  irrespective  of  any 
insurance    or   other   contract,   except   as    otherwise   provided   in    this    act, 
have    the    right    to    recover    such    compensation    directly    from    the    em- 
ployer, and  in  addition  thereto,  the  right  to  enforce  in  his  own  name, 
I  in    the    manner    provided    in    this    act,    either   by   making    the    insurance 
i  carrier  a  party  to  the  original  application  or  by  filing  a  separate  appli- 
cation, the  liability  of  any  insurance  carrier,  which  may,  in  whole  or  in 
;   part,   have   insured    against   liability   for   such    compensation;    provided, 
ii  however,  that  payment  in  whole  or  in  part  of  such  compensation  by  either 
i  the  employer  or  the  insurance  company  shall,  to  the  extent  thereof,  be  a 
'   bar  to  recovery  against  the  other  of  the  amount  so  paid;  and  provided, 
I    further,  that  as  between  the  employer  and  the  insurance  company,  pay- 
;    ment   by   either    directly   to   the   employee,   or   to   the   person   entitled    to 
compensation,  shall   be  subject  to  the  conditions  of  the  insurance  con- 
tract between  them. 

Insurance  carrier  liable  to  employee. 

(c)  Every  contract  insuring  against  liability  for  compensation,  or  in- 
surance policy  evidencing  the  same,  must  contain  a  clause  to  the  effect 
that  the  insurance  carrier  shall  be  directly  and  primarily  liable  to  the 
employee  and,  in  the  event  of  his  death,  to  his  dependents,  to  pay  the 
compensation,  if  any,  for  which  the  employer  is  liable;  that,  as  between 
the  employee  and  the  insurance  carrier,  the  notice  to  or  knowledge  of 
the  occurrence  of  the  injury  on  the  part  of  the  employer  shall  be  deemed 
notice  or  knowledge,  as  the  case  may  be,  on  the  part  of  the  insurance 
carrier;  that  jurisdiction  of  the  employer  shall,  for  the  purpose  of  this 
act,  be  jurisdiction  of  the  insurance  carrier  and  that  the  insurance  car- 
rier shall  in  all  things  be  bound  by  and  subject  to  the  orders,  findings, 
decisions  or  awards  rendered  against  the  employer  under  the  provisions 
of  this  act. 

Employee  has  first  lien  on  amount  due  employer. 

(d)  Such  policy  must  also  provide  that  the  employee  shall  have  a 
first  lien  upon  any  amount  which  shall  become  owing  on  account  of  such 
policy  to  the  employer  from  the  insurance  carrier  and  that  ia  case  of  the 
legal  incapacity  orinability  of  the  employer  to  receive  the  said  amount 
and  pay  it  over  to  the  employee  or  his  dependents,  the  said  insuranco 
carrier  may  and  shall  pay  the  same  directly  to  the  said  employee  or  his 
dependents,  thereby  discharging  to  the  extent  of  such  payment  the  obli- 
gations of  the  employer  to  the  employee,  and  such  policy  shall  not 
contain  any  provisions  relieving  the  insurance  carrier  from  payment  when 
the  emplover  becomes  insolvent  or  is  discharged  in  bankruptcy,  or  other- 
wise, during  the  period  that  the  policy  is  in  operation  or  the  rompen 
sation   remains   owing. 

Insurance  carrier  may  relieve  employer  of  responsibility. 

(e)  1.  If  the  employer  shall  be  insured  against  liability  for  mm- 
pensation   with    any    insurance    carrier,   and    if   after    the    h:ipi>iTiing    of 


Act  2144a,  §  35  general  laws.  1438 

any  accident  such  insurance  carrier  shall  serve  or  cause  to  be  served 
upon  any  person  claiming  compensation  against  such  employer  a  notice 
that  it  has  assumed  and  agreed  to  pay  the  compensation,  if  any,  for 
which  the  employer  is  liable,  and  shall  file  a  copy  of  such  notice  with 
the  commission,  such  employer  shall  thereupon  be  relieved  from  liability 
for  compensation  to  such  claimant  and  the  insurance  carrier  shall, 
without  notice,  be  substituted  in  place  of  the  employer  in  any  proceed- 
ing theretofore  or  thereafter  instituted  by  such  person  to  recover  such 
compensation,  and  the  employer  shall  be  dismissed  therefrom.  Such 
proceeding  shall  not  abate  on  account  of  such  substitution  but  shall  be 
continued   against   such   insurance   carrier. 

Notice  of  employer  of  insurajace  carrier's  liability. 

2.  If  at  the  time  of  the  happening  of  an  accident  for  which  com- 
pensation is  claimed,  or  may  be  claimed,  the  employer  shall  be  insured 
against  liability  for  the  full  amount  of  compensation  paA-able,  or  that 
may  become  payable,  the  employer  may  serve  or  cause  to  be  served 
upon  any  person  claiming  compensation  on  account  of  the  happening 
of  such  accident  and  upon  the  insurance  carrier  a  notice  that  the  in- 
surance carrier  has,  in  its  policy  contract  or  otherwise,  assumed  and 
agreed  to  pay  the  compensation,  if  any,  for  which  the  employer  is 
liable,  and  may  file  a  copy  of  such  notice  with  the  commission.  If  it 
shall  thereafter  appear  to  the  satisfaction  of  the  commission  that  the 
insurance  carrier  has,  through  the  issuance  of  its  contract  of  insurance 
or  otherwise,  assumed  such  liability  for  compensation,  such  employer 
shall  thereupon  be  relieved  from  liability  for  compensation  to  such 
claimant  and  the  insiTrance  carrier  shall,  after  notice,  be  substituted 
in  place  of  the  employer  in  any  proceeding  theretofore  or  thereafter 
instituted  by  such  person  to  recover  such  compensation,  and  the  em- 
ployer shall  be  dismissed  therefrom.  Such  proceeding  shall  not  abate 
on  account  of  such  substitution,  but  shall  be  continued  against  s\ich 
insurance  carrier. 

Insurance  carrier  subrogated  to  employer's  rights. 

(f)  Where  any  employer  is  insured  against  liability  for  compensation 
with  any  insurance  carrier  and  such  insurance  carrier  shall  have  paid 
an.y  compensation  for  which  the  employer  was  liable,  or  shall  have 
assumed  the  liability  of  the  employer  therefor,  it  shall  be  subrogated 
to  all  the  rights  and  duties  of  the  employer  and  may  enforce  any  such 
rights  in  its  own  name. 

"Limited,  compensation  policy." 

§  35.  (a)  If  any  insurance  policy  shall  be  issued  covering  liability 
for  compensation,  which  policy  shall  contain  any  limitation  as  to  the 
compensation  payable,  such  limitation  shall  be  printed  in  the  body  of 
such  policy  in  bold  face  type  and  in  addition  thereto  the  words  "limited 
compensation  policy"  shall  be  printed  on  the  top  of  the  policy  in  bold 
faced  type  not  less  than  eigHteen  point  in  size. 


1439  MASTER  AND  SERVANT.     Act  2144a,  §§  36-38 

Damages  recoverable  at  law  not  insurable. 

(b)  No  insurance  carrier  shall  insure  against  the  liability  of  the 
employer  for  damages  recoverable  at  law  by  the  injured  "eni]iloyeo 
under  the  optional  provisions  contained  in  section  12  hereof,  and  any 
insurance  carrier  liable  to  any  such  injured  employee  foi  compensa- 
tion upon  the  paj-ment  of  the  same  shall  have  the  same  option  given 
by  said  section  12  to  such  employee  and  shall  be  fully  subrogated  to 
his  rights,  and  may  enforce  such  liability  for  damages  against  the  em- 
ployer in  its  own  name,  anything  in  the  insurance  contract  to  the 
contrary  notwithstanding. 

"State  compensation  insurance  fund"  created. 

§  36.  There  is  hereby  created  and  established  a  fund  to  be  known 
as  the  "state  compensation  insurance  fund,"  to  be  administered  by  t"he 
industrial  accident  commission  of  the  state,  without  liability  on  the 
part  of  the  state  beyond  the  amount  of  said  fund,  for  the  purpose  of 
insuring  employers  against  liability  for  compensation  under  this  act 
and  insuring  to  employees  and  other  persons  the  compensation  fixed  by 
this   act   for   employees   and   their  dependents. 

Revolving  fund. 

§  37.  (a)  The  state  compensation  insurance  fund  shall  be  a  revolving 
fund  and  shall  consist  of  su(;h  specific  appropriations  as  the  legislature 
may  from  time  to  time  make  or  set  aside  for  the  use  of  such  fund, 
all  premiums  received  and  paid  into  the  said  fund  for  compensation 
insurance  issued,  all  property  and  securities  acquired  by  and  through 
the  use  of  moneys  belonging  to  said  fund  and  all  interest  earned  ujior, 
moneys  belonging  to  said  fund  and  deposited  or  invested,  as  herein 
provided. 

Charges  against  fund. 

(b)  Said  fund  shall  be  applicable  to  the  payment  of  losses  sustained 
on  account  of  insurance  and  to  the  payment  of  the  salaries  and  otlwr 
expenses  to  be  charged  against  said  fund  in  accordance  witli  tlie  pro- 
visions contained  in  this  act. 

Self-supporting,  . 

(c)  Said  fund  shall,  after  a  reasonable  time  during  wlu.-li  it  may 
establish  a  business,  be  fairly  competitive  with  other  insurance  carriers, 
and  it  is  the  intent  of  the  legislature  that  said  fund  shall  ultimately 
become  neither  more  nor  less  than  self-supporting. 

Commission  vested  witli  full  power  over  fund.  , 

§  38.  (a)  The  commission  is  hereby  vested  with  full  power,  nufhonty 
and  jurisdiction  over  the  state  compensation  insurance  fund  ami  may  do 
and  perform  any  and  all  things  whether  herein  specifically  des,gn:it.;.l. 
or  in  addition  thereto,  which  are  necessary  or  convenient  in  the  cx.t.mho 
of   any   power,   authority   or  jurisdiction   over   said    fund    in   the   ndmin- 


Act  2144a,  §  38  geneeal  laws.  1440 

istration  thereof,  or  in  connection  with  the  insurance  business  to  be 
carried  on  by  it  under  the  provisions  of  this  act,  as  fully  and  completely 
as  the  governing  body  of  a  private  insurance  carrier  might  or  could  do. 

To  fix  rates. 

(b)  The  commission  shall  have  full  power  and  authority,  and  it  shall 
be  its  duty,  to  fix  and  determine  the  rates  to  be  charged  by  the  state 
compensation  insurance  fund  for  compensation  insurance,  and  to  manage 
and  conduct  all  business  and  affairs  in  relation  thereto,  all  of  which 
business  and  affairs  shall  be  conducted  in  the  name  of  the  state  compensa- 
tion insurance  fund,  and  in  that  name,  without  any  other  name  or  title, 
the  commission  may: 

Powers  of  commission. 

(1)  Sue  and  be  sued  in  all  the  courts  of  the  state  in  all  actions  aris- 
ing out  of  any  act,  deed,  matter  or  thing  made,  omitted,  entered  into, 
done,  or  suffered  in  connection  with  the  state  compensation  insurance 
fund,  the  administration,  management  or  conduct  of  the  business  or 
affairs   relating   thereto. 

(2)  Make  and  enter  into  contracts  of  insurance  as  herein  provided, 
and  such  other  contracts  or  obligations  relating  to  the  state  compensa- 
tion insurance  fund  as  are  authorized  or  permitted  under  the  provisions 
of  this  act. 

(3)  Invest  and  reinvest  the  moneys  belonging  to  said  fund  as  here- 
inafter provided. 

(4)  Conduct  all  business  and  affairs,  relating  to  the  state  compensation 
insurance  fund,  whether  herein  specifically  designated  or  in  addition 
thereto. 

May  delegate  powers. 

(c)  The  commission  may  delegate  to  the  manager  of  the  etata 
compensation  insurance  fund,  or  to  any  other  officer,  under  such  rules 
and  regulations  and  subject  to  such  conditions  as  it  may  from  time 
to  time  prescribe,  any  of  the  powers,  functions  or  duties,  conferred  or 
imposed  on  the  commission  under  the  provisions  of  this  act  in  con- 
nection with  the  state  compensation  insurance  fund,  the  administration, 
management  and  conduct  of  the  business  and  affairs  relating  thereto, 
and  the  officer  or  officers  to  whom  such  delegation  is  made  may  exercise 
the  powers  and  functions  and  perform  the  duties  delegated  with  the 
same  force  and  effect  as  the  commission,  but  subject  to  its  approval. 

Not  liable  personally. 

(d)  The  commission  shall  not,  nor  shall  any  commissioner,  officer  or 
employee  thereof,  be  personally  liable  in  his  private  capacity  for  or 
on  account  of  any  act  performed  or  contract  or  other  obligation  entered 
into  or  undertaken  in  an  official  capacity,  in  good  faith  and  without 
intent  to  defraud,  in  connection  with  the  administration,  management 
or  conduct  of  the  state  compensation  insurance  fund,  its  business  or 
other  affairs  relating  thereto. 


1441  MASTER  AND  SERVANT.     Act  2144a,  §§  39,  40 

Powers  of  insurance  fund  manager. 

§  39.  In  conducting  the  business  and  affairs  of  the  state  compensa- 
tion insurance  fund,  the  manager  of  the  said  fund  or  other  officer  to 
whom  such  power  and  authority  may  be  delegated  by  the  commission, 
as  provided  by  subsection  (c)  of  section  38  hereof,  shall  have  full 
power  and  authority: 

(1)  To  enter  into  contracts  of  insurance,  insuring  employers  against 
liability  for  compensation  and  insuring  to  employees  and  other  persons 
the  compensation  fixed  by  this  act. 

(2)  To  sell  annuities  covering  compensation  benefits. 

(3)  To  decline  to  insure  any  risk  in  which  the  minimum  requirements 
of  the  commission  with  regard  to  construction,  equipment  and  operation 
are  not  observed,  or  which  is  beyond  the  safe  carrying  of  the  state 
compensation  insurance  fund,  but  shall  not  have  power  or  authority, 
except  as  otherwise  provided  in  this  subdivision,  to  refuse  to  insure 
any  compensation   risk  tendered  with  the  premium  therefor. 

(4)  To  reinsure   any  risk  or  any  part  thereof. 

(5)  To  inspect  and  audit,  or  cause  to  be  inspected  and  audited  the 
pay-rolls  of  employers  applying  for  insurance  against  liability  for 
compensation. 

(6)  To  make  rules  and  regulations  for  the  settlement  of  claims 
against  said  fund  and  to  determine  to  whom  and  through  whom  the 
payments  of  compensation  are  to  be  made. 

(7)  To  contract  with  physicians,  surgeons  and  hospitals  for  medical 
and  surgical  treatment  and  the  care  and  nursing  of  injured  persons 
entitled  to  benefits  from  said  fund. 

Rates  for  compensation  insurance. 

§  40.  (a)  It  shall  be  the  duty  of  the  commission  to  fix  and  determine 
the  rates  to  be  charged  by  the  state  compensation  insurance  fund  for 
compensation  insurance  coverage  as  herein  provided,  and  such  rates 
shall  be  fixed  with  due  regard  to  the  physical  hazards  of  each  industry, 
occupation  or  employment  and,  within  each  class,  so  far  as  practicable, 
in  accordance  with  the  elements  of  bodily  risk  or  safety  or  other  lia/.ard 
of  the  plant  or  premises  or  work  of  each  insured  and  the  manner  in 
which  the  same  is  conducted,  together  with  a  reasonable  regard  for 
the  accident  experience  and  history  of  each  such  insured,  and  the  meana 
and  methods  of  caring  for  injured  persons,  but  such  rates  shall  taKo 
no  account  of  the  extent  to  which  the  employees  in  any  particular 
establishment  have  or  have  not  persons  dependent  upon  them  for 
support. 

How  determined. 

(b)The  rates  so  made  shall  be  tTiat  percentage  of  the  pay  roll  of  any 
employer    which,    in    the    long    run    and    on    the    average,    .shall    |.rod..c8 
a  sufficient  sum,  when  invested  at  three  and  one-half  per  cent  interest: 
91 


Act  21'14a,  §§  41-43  general  laws.  1442 

(1)  To  carry  all  claims  to  maturity;  that  is  to  say,  the  rates  shall 
be  based  upon  the  "reserve"  and  not  upon  the  "assessment"  plan; 

(2)  To  meet  the  reasonable  expenses  of  conducting  the  business  of 
such  insurance; 

(3)  To  produce  a  reasonable  surplus  to  cover  the  catastrophe  hazard. 

Rates  either  limited  or  unlimited. 

§  41.  The  insurance  contracts  entered  into  between  the  state  com- 
pensation insurance  fund  and  persons  insuring  therewith  may  be  either 
limited  or  unlimited  and  issued  for  one  year  or,  in  the  form  of  stamps 
or  tickets  or  otherwise,  for  one  month  or  any  number  of  months  less  than 
one  year,  or  for  one  day  or  any  number  of  daj's  less  than  one  month,  or 
during  the  performance  of  any  particular  work,  job  or  contract;  pro- 
vided, that  the  rates  charged  shall  be  proportionately  greater  for  a 
shorter  than  for  a  longer  period  and  that  a  minimum  premium  charge 
shall  be  fixed  in  accordance  with  a  reasonable  rate  for  insuring  one  per- 
son for  one  day.  Nothing  in  this  act  shall  be  construed  to  prevent  any 
person  applying  for  compensation  insurance  from  being  covered  tempo- 
rarily until  the  application  is  finally  acted  upon,  or  to  prevent  the  in- 
sured from  surrendering  any  policy  at  any  time  and  having  returned  to 
him  the  difference  between  the  premium  paid  and  the  premium  at  the 
customary  short  term  for  the  shorter  period  which  such  policy  has  already 
run.  The  state  compensation  insurance  fund  may  at  any  time  cancel 
any  policy,  after  due  notice,  upon  a  pro  rata  basis  of  premium  repayment. 

Policies  for  employers,  etc. 

§  42.  The  state  compensation  insurance  fund  may  issue  policies,  in- 
cluding with  their  employees,  employers  who  perform  labor  incidental  to 
their  occupations,  and  including  also  members  of  the  families  of  such 
employers  engaged  in  the  same  occupation,  such  policies  insuring  to  such 
employers  and  working  members  of  their  families  the  same  compensa- 
tions provided  for  their  employees,  and  at  the  same  rates;  provided,  that 
the  estimations  of  their  wage  values,  respectively,  shall  be  reasonable 
and  separately  stated  in  and  added  to  the  valuation  of  their  pay-rolls 
upon  which  their  premium  is  computed.  Such  policies  may  likewise  be 
sold  to  self-employing  persons  and  to  casual  employees,  who,  for  the  pur- 
pose of  such  insurance,  shall  be  deemed  to  be  employees  within  the  mean- 
ing of  sections  12  to  35,  inclusive,  of  this  act. 

State  treasurer  custodian  of  fund. 

§  43.  The  treasurer  of  the  state  shall  be  custodian  of  all  moneys  and 
securities  belonging  to  the  state  compensation  insurance  fund,  except  as 
otherwise  provided  in  this  act,  and  shall  be  liable  on  his  official  bond  for 
the  safekeeping  thereof.  All  moneys  belonging  to  said  fund  collected  or 
received  by  the  commission,  or  the  manager  of  the  state  compensation 
insurance  fund,  under  and  by  virtue  of  the  provisions  of  this  act,  shall 
be  delivered  to  the  treasurer  of  the  state  or  may  be  deposited  to  his 
credit  in  such  bank  or  banks  throughout  the  state  as  he  may,  from  time 


1443  MASTER  AND  SERVANT.     Act  2144a,  §§  44,  45 

to  time,  designate,  and  such  moneys  when  so  delivered  or  deposited  shall 
be  credited  hy  the  treasurer  to  the  said  fund  and  no  moneys  received  or 
collected  on  account  of  such  fund  shall  be  expended  or  paid  out  of  such 
fund  without  first  passing  into  the  state  treasury  and  being  drawn  there- 
from as  provided  in  this  act.  In  like  manner  there  shall  be  delivered  to 
the  treasurer  all  securities  belonging  to  said  fund  which  shall  be  held  by 
him  until  otherwise  disposed  of  as  provided  in  this  act. 

Monthly  estimate  to  board  of  control, 

§  44.  (a)  The  commission  shall  submit  each  month  to  the  state  board 
of  control  an  estimate  of  the  amount  necessary  to  meet  the  current  dis- 
bursements from  the  state  compensation  insurance  fund  during  each  suc- 
ceeding calendar  month  and,  when  such  estimate  shall  be  approved  by 
the  state  board  of  control,  the  controller  is  directed  to  draw  his  warrant 
on  said  fund  in  favor  of  said  commission  for  such  amount,  and  the  treas- 
urer is  authorized  and  directed  to  pay  the  same. 

Monthly  accounting. 

(b)  At  the  end  of  each  calendar  month  the  commission  shall  account 
to  the  state  board  of  control  and  the  state  controller  for  all  moneys  so 
received,  furnishing  proper  vouchers  therefor. 

Semi-annual  valuation  of  properties. 

(c)  During  the  months  of  January  and  July  of  each  year  the  state 
board  of  control  or  the  commission  shall  cause  a  valuation  to  be  made 
of  the  properties  and  securities  which  have  been  acquired  and  which  are 
held  for  said  fund,  and  shall  report  the  results  of  the  same  to  the  state 
controller,  whose  duty  it  shall  be  to  keep  a  special  ledger  account  show- 
ing all  of  the  assets  pertaining  to  the  state  compensation  insurance  fund. 
In  the  controller's  general  ledger  this  fund  account  may  be  carried  merely 
as  a  cash  account,  like  other  accounts  of  funds  in  the  state  treasury,  and 
therein  only  the  actual  cash  coming  into  the  state  compensation  insur- 
ance fund  shall  be  credited  to  such  fund. 

Investment  of  surplus. 

§  45.  (a)  The  commission  shall  cause  all  moneys  in  the  state  com- 
pensation insurance  fund,  in  excess  of  current  rcquiremiMits,  to  be  in- 
vested and  reinvested,  from  time  to  time,  in  the  securities  now  or  here- 
after authorized  by  law  for  the  investment  of  funds  of  savings  hankR. 

(b)  The  commission  shall,  from  time  to  time,  submit  to  the  state  board 
of  control  an  estimate  of  the  amount  required  by  it  for  investment,  which 
estimate  shall  be  accompanied  by  a  full  description  of  the  kind  and  char- 
acter of  the  investments  to  be  made  and,  when  such  estimato  shall  be 
approved  by  the  state  board  of  control,  the  controller  is  directed  to  draw 
his  warrant  on  the  state  compensation  insurance  fund  in  favor  of  the 
commission  for  such  amount  and  the  treasurer  is  authorized  and  directed 
to  pay  the  same. 


Aet  2144a,  §§  46-49  general  laws.  1444 

(c)  At  the  end  of  each  calendar  month  the  commission  shall  account 
to  the  said  board  of  control  and  the  state  controller  for  all  moneys  so 
received,  furnishing  proper  vouchers   therefor. 

(d)  All  moneys  in  said  fund,  in  excess  of  current  requirements  and  not 
otherwise  invested,  may  be  deposited  by  the  state  treasurer  from  time  to 
time  in  the  banks  authorized  by  law  to  receive  deposits  of  public  moneys 
under  the  same  rules  and  regulations  that  govern  the  deposit  of  other 
public  funds  and  the  interest  accruing  thereon  shall  be  credited  to  the 
state  compensation  insurance  fund. 

Counties  may  insure. 

§  46.  Each  county,  city  and  county,  city,  school  district  or  other  pub- 
lic corporation  within  the  state,  may  insure  against  its  liability  for  com- 
pensation, with  the  state  compensation  insurance  fund  and  not  with  any 
other  insurance  carrier  unless  such  fund  shall  refuse  to  accept  the  risk 
when  the  application  for  insurance  is  made,  and  the  premium  therefor 
shall  be  a  proper  charge  against  the  general  fund  of  each  such  political 
subdivision  of  the  state. 

Schediiles  of  rates  to  be  furnished  certain  oflB.cers. 

§  47.  When  the  premium  rates  for  insurance  in  the  state  compensa- 
tion insurance  fund  shall  have  been  established  the  commission  shall  fur- 
nish schedules  of  rates  and  copies  of  the  forms  of  policy  to  the  commis- 
sioner of  labor,  to  the  clerk  and  to  the  treasurer  of  every  county,  city  and 
county,  and  city  in  the  state,  and  it  shall  be  the  duty  of  every  public 
officer  to  whom  the  foregoing  may  be  furnished  to  fill  out  and  transmit 
to  the  manager  of  the  state  compensation  insurance  fund  applications 
for  compensation  insurance  in  such  fund  and  to  receive  and  transmit  to 
said  manager  all  premiums  paid  on  account  of  any  policy  issued  or  ap- 
plied for. 

Quarterly  report  to  governor. 

§  48.  The  commission  shall  each  quarter  make  to  the  governor  of  the 
state,  reports  of  the  business  done  by  the  state  compensation  insurance 
fund  during  the  previous  quarter,  and  a  statement  of  the  fund's  resources 
and  liabilities,  and  it  shall  be  the  duty  of  the  state  board  of  control  to 
audit  such  reports  and  to  cause  an  abstract  thereof  to  be  published  one 
or  more  times  in  at  least  two  newspapers  of  general  circulation  in  the 
state.  The  commission  shall  likewise  make  to  the  state  insurance  com- 
missioner all  reports  required  by  law  to  be  made  by  other  insurance 
carriers. 

Penalty  for  misrepresenting  pay-roll. 

§  49.  Any  employer  who  shall  willfully  misrepresent  the  amount  of 
the  pay-roll  upon  which  his  premium'  under  this  act  is  to  be  based  shall 
be  liable  to  the  state  in  ten  times  the  amount  of  the  difference  in  pre- 
mium paid  and  the  amount  the  employer  should  have  paid  had  his  pay- 
roll been   correctly  computed,   and  the   liability  to   the   state  under  this 


1^5  MASTER  AND  SERVANT.     Act  2144a,  §§  50,  51 

section  shall  be  enforced  in  a  civil  action  in  the  name  of  the  state  com- 
pensation insurance  fund  and  any  amount  so  collected  shall  become  a 
part  of  said  fund. 

Other  misrepresentation,  misdemeanor. 

§  50.  Any  person  who  willfully  misrepresents  any  fact  in  order  to 
obtain  insurance  at  less  than  the  proper  rate  for  such  insurance,  or  in 
order  to  obtain  any  payments  out  of  such  fund,  shall  be  guilty  of  a 
misdemeanor. 

Definitions. 

§  51.  The  following  terms,  as  used  in  sections  51  to  72,  inclusive, 
of  this  act,  shall,  unless  a  different  meaning  is  plainly  required  by  the 
context,  be  construed  as  follows: 

"Place  of  employment." 

(1)  The  phrase  "place  of  employment"  shall  mean  and  include  every 
place,  whether  indoors  or  out  or  underground,  or  elsewhere,  and  the  prem- 
ises appurtenant  thereto,  where,  either  temporarily  or  permanently,  any 
industry,  trade,  work  or  business  is  carried  on,  or  where  any  process  or 
operation  directly  or  indirectly  related  to  any  industry,  trade,  work  or 
business,  is  carried  on,  and  where  any  person  is  directly  or  indirectly 
employed  by  another  for  direct  or  indirect  gain  or  profit  but  shall  not 
include  any  place  where  persons  are  employed  solely  in  farm,  dairy,  agri- 
cultural, vitieultural  or  horticultural  labor,  in  stock  or  poultry  raising  or 
in  household  domestic  service. 

"Employment." 

(2)  The  term  "employment"  shall  mean  and  include  any  trade,  work, 
business,  occupation  or  process  of  manufacture,  or  any  method  of  carry- 
ing on  such  trade,  work,  business,  occupation  or  process  of  manuf:ifture 
in  which  any  person  may  be  engaged,  except  where  persons  are  employiMl 
solely  in  farm,  dairy,  agricultural,  vitieultural  or  horticultural  labor,  in 
poultry  or  stock  raising  or  in  household  domestic  services. 

"Employer." 

(3)  The  term  "employer"  shall  mean  and  include  every  person,  firm, 
voluntary  association,  corporation,  officer,  agent,  manager,  representative 
or  other  person  having  control  or  custody  of  any  employmcut,  place  of 
employment  or  of  any  employee. 

"Employee." 

(4)  The  term  "employee"  shall  mean  and  incliulo  every  perHon  wlio 
may  be  required  or  directed  by  any  employer,  in  consideration  of  dirt'cf 
or  indirect  gain  or  profit,  to  engage  in  any  employment,  or  to  go  to  work 
or  be  at  any  time  in  any  place  of  employment. 

"Order." 

(5)  The  term  "order"  shall  mean  and  include  any  decision,  rule,  regu- 
lation, direction,  requirement  or  standard  of  the  commission  or  any  other 


Act  2144a,  §§52, 53  general  laws.  1446 

determination  arrived  at  or  decision  made  by  such  commission  under  the 
safety  provisions  of  this  act. 

"General  order." 

(6)  The  term  "general  order"  shall  mean  and  include  such  order  made, 
under  the  safety  provisions  of  this  act,  as  applies  generally  throughout 
the  state  to  all  persons,  employments  or  places  of  employment,  or  all 
persons,  employments  or  places  of  employment  of  a  class  under  the  ju- 
risdiction of  the  commission.  All  other  orders  of  the  commission  Shall 
be  considered  special  orders. 

"Local  order," 

(7)  The  term  "local  order"  shall  mean  and  include  any  ordinance, 
order,  rule  or  determination  of  any  board  of  supervisors,  city  council, 
board  of  trustees  or  other  governing  body  of  any  county,  city  and  county, 
city  or  of  any  school  district  or  other  public  corporation,  or  an  order  or 
direction  of  any  other  public  official  or  board  or  department  upon  any 
matter  over  which  the  industrial  accident  commission  has  jurisdiction. 

"Safe,"  "safety." 

(8)  The  terms  "safe"  and  "safety"  as  applied  to  an  employment  or  a 
place  of  employment  shall  mean  such  freedom  from  danger  to  the  life 
or  safety  of  employees  as  the  nature  of  the  employment  will  reasonably 
permit. 

"Safety  device."    "Safeguard." 

(9)  The  terms  "safety  device"  and  "safeguard"  shall  be  given  a  broad 
interpretation  so  as  to  include  any  practicable  method  of  mitigating  or 
preventing  a  specific  danger. 

Duty  of  employer. 

§  52.  Every  employer  shall  furnish  emploj'ment  which  shall  be  safe 
for  the  employees  therein  and  shall  furnish  a  place  of  employment  which 
shall  be  safe  for  employees  therein,  and  shall  furnish  and  use  such  safety 
devices  and  safeguards,  and  shall  adopt  and  use  such  practices,  means, 
nietliods,  operations  and  processes  as  are  reasonably  adequate  to  render 
such  employment  and  place  of  employment  safe,  and  shall  do  every  other 
thing  reasonably  necessary  to  protect  the  life  and  safety  of  such  em- 
ployees. 

Employee  not  to  go  into  unsafe  place. 

§  53.  No  employer  shall  require,  permit  or  suffer  any  employee  to  go 
or  be  in  any  employment  or  place  of  employment  which  is  not  safe,  and 
no  such  employer  shall  fail  to  furnish,  provide  and  use  safety  devices 
and  safeguards  or  fail  to  adopt  and  use  methods  and  processes  reason- 
ably adequate  to  render  such  employment  and  place  of  employment  safe, 
and  no  such  employer  shall  fail  or  neglect  to  do  every  other  thing  reason- 
ably necessary  to  protect  the  life  and  safety  of  such  employees,  and  no 


1447  MASTER  AND  SERVANT.     Act  2144a,  §§  54-57 

such  employer  shall  occupy  or  maintain  any  place  of  employment  that 
is  not  safe. 

Unsafe  structures. 

§  54.  No  employer,  owner  or  lessee  of  any  real  property  in  this  state 
shall  construct  or  cause  to  be  constructed  any  place  of  employment  that 
is  not  safe. 

Removing  safety  device  prohibited. 

§  55.  No  employee  shall  remove,  displace,  damage,  destroy  or  carry 
off  any  safety  device  or  safeguard  furnished  and  provided  for  use  in  any 
employment  or  place'  of  employment,  or  interfere  in  any  way  with  the 
use  thereof  by  any  other  person,  or  interfere  with  the  use  of  any  method 
or  process  adopted  for  the  protection  of  any  employee  in  such  employ- 
ment, or  place  of  employment,  or  fail  or  neglect  to  do  every  other  thing 
reasonably  necessary  to  protect  the  life  and  safety  of  such  employees. 

Supervision  of  places  of  empl03nnent. 

§  56.  The  commission  is  vested  with  full  power  and  jurisdiction  over, 
and  shall  have  such  supervision  of,  every  employment  and  place  of  em- 
ployment in  this  state  as  may  be  necessary  adequately  to  enforce  and 
administer  all  laws  and  all  lawful  orders  requiring  such  employment  and 
place  of  employment  to  be  safe,  and  requiring  the  protection  of  the 
life  and  safety  of  every  employee  in  such  employment  or  place  of  em- 
ployment. 

Powers. 

§  57.  The  commission  shall  have  power,  after  a  hearing  had  upon  its 
own  motion  or  upon  complaint,  by  general  or  special  orders,  rules  or  regu- 
lations, or  otherwise: 

Safety  devices, 

(1)  To  declare  and  prescribe  what  safety  devices,  safeguards  or  other 
means  or  methods  of  protection  are  well  adapted  to  render  the  emfiloyecs 
of  every  employment  and  place  of  employment  safe  as  required  by  law 
or  lawful  order. 

Standards  of  safety. 

(2)  To  fix  such  reasonable  standards  and  to  prescribe,  modify  and 
enforce  such  reasonable  orders  for  the  adoption,  installation,  use,  main- 
tenance and  operation  of  safety  devices,  safeguards  and  other  menus  or 
methods  of  protection,  to  be  as  nearly  uniform  as  possible,  as  may  be 
necessary  to  carry  out  all  laws  and  lawful  orders  relative  to  the  protec- 
tion of  the  life  and  safety  of  employees  in  employments  and  places  of 
employment. 

Standards  of  construction.  .      .• 

(3)  To  fix  and  order  such  reasonable  standards  for  the  construction, 
repair  and  maintenance  of  places  of  employment  as  shall  render  them 
safe. 


Act  2144a,  §§  58-60  general  laws.  1448 

Protection  of  life. 

(4)  To  require  the  performance  of  anj-  other  act  which  the  protection 
of  the  life  and  safety  of  employees  in  employments  and  places  of  employ- 
ment may  demand. 

Forms  of  accidents  reports. 

(5)  To  declare  and  prescribe  the  general  form  of  industrial  accidents 
reports,  the  accidents  to  be  reported  and  the  information  to  be  furnished 
in  connection  therewith,  and  the  time  within  which  such  report  shall  be 
filed.  Nothing  in  this  act  contained  shall  be  construed  to  prevent  the 
commission   from  requiring  supplemental   accident   reports. 

Publication  of  hearing  on  general  safety  orders. 

§  58.  Upon  the  fixing  of  a  time  and  place  for  the  holding  of  a  hearing 
for  the  purpose  of  considering  and  issuing  a  general  safety  order  or 
orders  as  authorized  by  section  57  hereof,  the  commission  shall  cause  a 
notice  of  such  hearing  to  be  published  in  one  or  more  daily  newspapers 
of  general  circulation  published  and  circulated  in  the  city  and  county  of 
San  Francisco,  and  also  in  one  or  more  daily  newspapers  of  general  cir- 
culation published  and  circulated  in  the  county  of  Los  Angeles,  such 
newspapers  to  be  designated  by  the  commission  for  that  purpose.  No 
defect  or  inaccuracy'  in  such  notice  or  in  the  publication  thereof  shall 
invalidate  any  general  order  issued  by  the  commission  after  hearing  had. 

May  order  places,  etc.,  made  safe. 

§  59.  Whenever  the  commiesion,  after  a  hearing  had  upon  its  own 
motion  or  upon  complaint,  shall  find  that  any  employment  or  place  of 
employment  is  not  safe  or  that  the  practices  or  means  or  methods  or 
operations  or  processes  employed  or  used  in  connection  therewith  are 
unsafe,  or  do  not  afford  adequate  protection  to  the  life  and  safety  of  em 
ployees  in  such  emploj^ments  and  places  of  emploj'ment,  the  commission 
shall  make  and  enter  and  serve  such  order  relative  thereto  as  may  be 
necessary  to  render  such  employment  or  place  of  employment  safe  and 
protect  the  life  and  safety  of  employees  in  such  employments  and  places 
of  employment  and  may  in  said  order  direct  that  such  additions,  re- 
pairs, improvements  or  changes  be  made  and  such  safety  devices  and 
safeguards  be  furnished,  provided  and  used,  as  are  reasonably  required 
to  render  such  employment  or  place  of  employment  safe,  in  the  manner 
and  within  the  time  specified  in  said  order. 

Time  for  complying  with  order. 

§  60.  The  commission  may,  upon  application  of  any  employer,  or  other 
person  affected  thereby,  grant  such  time  as  may  reasonably  be  necessary 
for  compliance  with  any  order,  and  any  person  affected  by  such  order 
may  petition  the  commission  for  an  extension  of  time,  which  the  commis- 
sion shall  grant  if  it  finds  such  an  extension  of  time  necessary, 


1449  MASTER  AND  SERVANT.     Act  2144a,  §§  61-65 

May  investigate  unsafe  places. 

§  61.  Whenever  the  commission  shall  learn  or  have  reason  to  believe 
that  any  employment  or  place  of  employment  is  not  safe  or  is  injurious 
to  the  welfare  of  any  employee  it  may,  of  its  own  motion,  or  upon  com- 
plaint, summarily  investigate  the  same,  with  or  without  notice  or  hear- 
ings, and  after  a  hearing  upon  such  notice  as  it  may  prescribe,  the 
commission  may  enter  and  serve  such  order  as  may  be  necessary  relative 
thereto,  anything  in  this  act  to  the  contrary  notwithstanding. 

Duty  of  employer,  etc.,  to  comply  with  orders. 

§  62.  Every  employer,  employee  and  other  person  shall  obey  and 
comply  with  each  and  every  requirement  of  every  order,  decision,  direc- 
tion, rule  or  regulation  made  or  prescribed  by  the  commission  in  connec- 
tion with  the  matters  herein  specified,  or  in  any  way  relating  to  or 
affecting  safety  of  employments  or  places  of  employment,  or  to  protect 
the  life  and  safety  of  employees  in  such  employments  or  places  of  em- 
ployment, and  shah  do  everything  necessary  or  proper  in  order  to  secure 
compliance  with  and  observance  of  every  such  order,  decision,  direction, 
rule  or  regulation. 

Review  of  orders  by  court. 

§  63.  The  orders  of  the  commission,  general  or  special,  its  rules  or 
regulations,  findings  and  decisions,  made  and  entered  under  the  safety 
provisions  of  this  act,  may  be  reviewed  by  the  courts  specified  in  sections 
84  and  85  of  this  act  and  within  the  time  and  in  the  manner  therein  speci- 
fied and  not  otherwise. 

County  and  city  authorities  not  deprived  of  power. 

§  64.  Nothing  contained  in  this  act  shall  be  construed  to  deprive  the 
board  of  supervisors  of  anv  countv,  or  city  and  county,  the  board  of  trus- 
tees of  anv  city,  or  anv  other  public  corporation  or  board  or  department, 
of  any  power  or  jurisdiction  over  or  relative  to  any  place  of  employment; 
provided,  that  whenever  the  commission  shall,  by  order,  fix  a  standani 
of  safetv  for  emplovments  or  places  of  employment,  such  order  shall, 
upon  the  filintr  bv  the  commission  of  a  copy  thereof  with  the  clerk  ot  the 
countv,  city  and'countv,  or  city  to  which  it  may  apply,  establish  >i  '"'"'; 
mum  'reauirement  concerning  the  matters  covered  by  such  order  and  shall 
be  construed  in  connection  with  any  local  order  relative  to  the  same 
matter  and  to  amend  or  modify  any  requirement  in  such  local  or.ler  not 
up  to  the  standard  of  the  order  of  the  commission. 

rurther  power  and  authority. 

§  65.     The  commission  shall  have  further   power   and   autlmntA: 

Museums  of  safety.  ,  .     ...i,:..i, 

(1)  To  establish  and  maintain  museums  of  sa  .-t.v  and  l..\ui'  '■'■,'","'" 
shall  be  exhibited  safety  devices,  safeguards  and  other  means  and  u.ctho.lH 


Act  2144a,  §§  66-68  general  laws.  1450 

for  the  protection  of  the  life  and  safety  of  employees,  and  to  publish  and 
distribute  bulletins  on  any  phase  of  this  general  subject. 

Lectures  on  accidents. 

(2)  To  cause  lectures  to  be  delivered,  illustrated  by  stereopticon  or 
other  views,  diagrams  or  pictures,  for  the  information  of  employers  and 
their  employees  and  the  general  public  in  regard  to  the  causes  and  pre- 
vention of  industrial  accidents,  occupational  diseases  and  related  subjects. 

Advisers  on  standards  of  safety. 

(3)  To  appoint  advisers  who  shall,  without  compensation  assist  the 
commission  in  establishing  standards  of  safety  and  the  commission  may 
adopt  and  incorporate  in  its  general  orders  such  safety  recommendations 
as  it  may  receive  from  such  advisers. 

Orders,  etc.,  as  evidence. 

§  66.  Every  order  of  the  commission,  general  or  special,  its  rules  and 
regulations,  findings  and  decisions,  made  and  entered  under  the  safety 
provisions  of  this  act  shall  be  admissible  as  evidence  in  any  prosecution 
for  the  violation  of  any  of  the  said  provisions  and  shall,  in  every  such 
prosecution,  be  conclusively  presumed  to  be  reasonable  and  lawful  and  to 
fix  a  reasonable  and  proper  standard  and  requirement  of  safety,  unless, 
prior  to  the  institution  of  the  prosecution  for  such  violation  or  violations, 
proceedings  for  a  rehearing  thereon  or  a  review  thereof  shall  have  been 
instituted  as  provided  in  sections  81  to  85,  inclusive,  of  this  act  and  not 
then   finally   determined. 

Penalty  for  not  complying  with  orders. 

§  67.  Every  employer,  employee  or  other  person  who,  either  individu- 
ally or  acting  as  an  officer,  agent  or  employee  of  a  corporation  or  other 
person,  violates  any  safety  provision  contained  in  sections  52,  53,  54  or 
55  of  this  act,  or  any  part  of  any  such  provision,  or  who  shall  fail  or 
refuse  to  comply  with  any  such  provision  or  any  part  thereof,  or  who, 
directly  or  indirectly,  knowingly  induces  another  so  to  do  is  guilty  of  a 
misdemeanor.  In  any  prosecution  under  this  section  it  shall  be  deemed 
prima  facie  evidence  of  a  violation  of  any  such  safety  provision,  that  the 
accused  has  failed  or  refused  to  comply  with  any  order,  rule,  regulation 
or  reciuirement  of  the  commission  relative  thereto  and  the  burden  of  proof 
shall  thereupon  rest  upon  the  accused  to  show  that  he  has  complied  with 
such  safety  provision. 

Separate  offenses. 

§  68.  Every  violation  of  the  provisions  contained  in  sections  52,  53,  54, 
or  55,  of  this  act,  or  any  part  or  portion  thereof,  by  any  person  or  cor- 
poration is  a  separate  and  distinct  offense,  and,  in  the  case  of  a  continu- 
ing violation  thereof,  each  day's  continuance  thereof  shall  constitute  a 
separate  and  distinct  offense. 


1451  .  MASTER  AND  SERVANT.     Act  2144a,  §§  69-72 

Fines  paid  into  fund. 

§  69.  All  fines  imposed  and  collected  under  prosecutions  for  violations 
of  the  provisions  of  sections  51  to  72  inclusive  of  this  act,  shall  be  paid 
into  the  state  treasury  to  the  credit  of  the  "accident  prevention  fund," 
which  fund  is  hereby  created. 

May  not  divulge  confidential  information. 

§  70.  It  shall  be  unlawful  for  any  member  of  the  commission,  or  for 
any  oflBcer  or  employee  of  the  commission,  to  divulge  to  any  person  not 
connected  with  the  administration  of  this  act  any  confidential  informa- 
tion obtained  from  any  person,  concerning  the  failure  of  any  other  person 
to  keep  any  place  of  employment  safe,  or  concerning  the  violation  of  any 
order,  rule  or  regulation  issued  by  the  commission.  Any  member  of  the 
commission  or  any  officer  or  employee  of  the  commission  divulging  such 
confidential  information  shall  be  guilty  of  a  misdemeanor. 

Employers'  reports  of  accidents  to  employees. 

§  71.  (a)  Every  employer  of  labor,  and  every  insurance  carrier,  is 
hereby  required  to  file  with  the  commission,  under  such  rules  and  regula- 
tions as  the  commission  may  from  time  to  time  make,  a  full  and  complete 
report  of  every  accident  to  an  employee  arising  out  of  or  in  the  course 
of  his  employment  and  resulting  in  loss  of  life  or  injury  to  such  person. 
Such  reports" shall  be  furnished  to  the  commission  in  such  form  and  such 
detail  as  the  commission  shall  from  time  to  time  prescribe,  and  shall 
make  specific  answers  to  all  questions  required  by  the  commission  under 
its  rules  and  regulations.  Any  such  employer  or  insurance  carrier  who 
shall  furnish  such  report  shall  be  exempt  from  furnishing  any  similar 
report  or  reports  authorized  or  required  under  the  laws  of  this  state. 

Answers  to  questions  of  commission. 

(b)  Every  employer  or  insurance  carrier  receiving  from  the  commission 
any  blanks  "with  directions  to  fill  out  the  same  shall  cause  the  same  to  bo 
properlv  filled  out  so  as  to  answer  fully  and  correctly  each  question  pro- 
pounded therein;  in  case  he  is  unable  to  answer  any  such  questions  a 
good  and  suflBcient  reason  shall  be  given  for  such  failure. 

Information  not  open  to  public. 

(c)  No  information  furnished  to  the  commission  by  an  employer  or 
an  insurance  carrier  shall  be  open  to  public  inspection  or  made  public  ex- 
cept on  order  of  the  commission,  or  by  the  commission  or  a  commissioner 
in  the  course  of  a  hearing  or  proceeding.  Any  officer  or  employee  of  the 
commission  who,  in  violation  of  the  provisions  of  this  subsection,  divulges 
any  information  shall  be  guilty  of  a  misdemeanor. 

Commission  to  investigate  aU  industrial  accidents. 

§  72.  (a)  The  commission  shall  invcstit.'atc  the  cause  of  all  industrial 
accidents  occurring  within  the  state  in  any  employment  or  pla.-e  of  em- 
ployment, or  directly  or  indirectly  arising  from  or  connected  with  tho 


Act  2144a,  §  73  general  laws.  •  1452 

maintenance  or  operation  of  such  employment  or  place  of  employment, 
resulting  in  personal  injury  or  death  and  requiring,  in  the  judgment  of 
the  commission,  such  investigation;  and  the  commission  shall  have  the 
power  to  make  such  orders  or  recommendations  with  respect  to  such  acci- 
dents as  may  be  just  and  reasonable,  provided  that  neither  the  order  nor 
the  recommendation  of  the  commission,  nor  any  accident  report  filed  with 
the  commission,  shall  be  admitted  as  evidence  in  any  action  for  damages 
or  any  proceeding  to  recover  compensation,  based  on  or  arising  out  of 
such  injury  or  death. 

May  enter  places  of  employment. 

(b)  For  the  purpose  of  making  any  investigation  which  the  commission 
is  authorized  to  make  under  the  provisions  of  this  section,  or  for  the  pur- 
pose of  collecting  statistics  or  examining  the  provisions  made  for  the 
safety  of  employees,  any  member  of  the  commission,  inspector  or  other 
person  designated  by  the  commission  for  that  purpose,  may  enter  any 
place  of  employment. 

Penalty  for  obstructing  investigation. 

(e)  Any  emploj'er,  insurance  carrier  or  any  other  person  who  shall  vio- 
late or  omit  to  comply  with  any  of  the  provisions  of  this  section,  or  who 
shall  in  any  way  obstruct  or  hamper  the  commission,  any  commissioner 
or  other  person  conducting  any  investigation  authorized  to  be  undertaken 
or  made  by  the  commission,  shall  be  guilty  of  a  misdemeanor. 

Proceedings  before  commission. 

§  73.  (a)  x\ll  proceedings  for  the  recovery  of  compensation,  or  con- 
cerning any  right  or  liability  arising  out  of  or  incidental  thereto,  or  for 
the  enforcement  against  the  employer  or  an  insurance  carrier  of  any 
liability  for  compensation  imposed  upon  him  by  this  act  in  favor  of  the 
injured  emploj'ee,  his  dependents  or  any  third  person,  or  for  the  deter- 
mination of  any  question  as  to  the  distribution  of  compensation  among 
dependents  or  other  persons  or  for  the  determination  of  any  question  as 
to  who  are  dependents  of  any  deceased  employee,  or  what  persons  are 
entitled  to  any  benefit  under  the  compensation  provisions  of  this  act,  or 
for  obtaining  any  order  which  by  this  act  the  commission  is  authorized 
to  make,  shall  be  instituted  before  the  commission,  and  not  elsewhere, 
except  as  otherwise  in  this  act  provided,  and  the  commission  is  hereby 
vested  with  full  power,  authority  and  jurisdiction  to  try  and  finally  de- 
termine all  such  matters,  subject  only  to  the  review  by  the  courts  in  this 
act  specified  and  in  the  manner  and  within  the  time  in  this  act  provided. 

Orders  lawful. 

(b)  All  orders,  rules  and  regulations,  findings,  decisions  and  awards 
cf  the  commission  in  conformity  vrith  law  shall  be  in  force  and  shall  be 
prima  facie  lawful;  and  all  such  orders,  rules  and  regulations,  findings, 
decisions  and  awards  shall  be  conclusively  presumed  to  be  reasonable  and 
lawful,  until  and  unless  they  are  modified  or  set  aside  by  the  commission 


1453  MASTER  AND  SERVANT.    Act  2144a,  §§  74,  75 

or  upon  a  review  by  the  courts  in  this  act  specified  and  within  the  time 
and  in  the  manner  herein  specified. 

Service  of  notice. 

§  74.  (a)  Any  notice,  order  or  decision  required  hy  this  act  to  be 
served  upon  any  person  or  party  either  before,  during  or  after  the  insti- 
tution of  any  proceeding  before  the  commission,  may  be  served  in  the 
manner  provided  by  chapter  5,  title  14  of  part  2  of  the  Code  of  Civil 
Procedure  of  this  state,  unless  otherwise  directed  by  the  commission  or  a 
member  thereof,  in  which  event  the  same  shall  be  served  in  accordance 
with  the  order  or  direction  of  said  commission  or  member  thereof. 

Secretary  and  inspectors  have  powers  of  peace  officers. 

(b)  The  secretary,  assistant  secretary  and  the  inspectors  appointed  by 
the  commission  shall  have  all  of  the  powers  conferred  by  law  upon  peace 
officers  to  carry  weapons,  make  arrests  and  serve  warrants  and  other 
process  in  any  county  or  city  and  county  of  this  state. 

Notices  affecting  state,  etc. 

(c)  Any  such  notice,  order  or  decision  affecting  the  state  or  any  city 
and  county,  city,  school  district  or  public  corporation  therein,  shall  be 
served  upon  the  same  officer,  officers,  person  or  persons,  upon  whom  the 
service  of  similar  notices,  orders  or  decisions  is  authorized  by  law. 

Further  power  and  authority. 

§  75.     The  commission  shall  have  full  power  and  authority: 

Rules  of  practice. 

(1)  To  adopt  reasonable  and  proper  rules  of  practice  and  procedure; 

Appearance  of  minors. 

(2)  To  regulate  and  provide  the  manner,  and  by  whom,  minors  and 
incompetent  persons  shall  appear  and  be  represented  before  it; 

Guardian  ad  litem. 

(3)  To  appoint  a  trustee  or  guardian  ad  litem  to  appear  for  and  repre- 
sent any  such  minor  or  incompetent  upon  such  terms  and  conditions  as 
it  mav  deem  proper;  and  such  guardian  or  trustee  must  give  a  bond  in 
the  same  form  and  of  the  same  character  required  by  law  from  the  guard- 
ian appointed  by  the  courts  and  in  such  an  amount  as  the  commission 
or  a  commissioner  may  fix  and  determine,  such  bond  to  be  approved  by 
the  commission  or  a  commissioner,  and  such  guardian  or  trustee  shall  not 
be  discharged  from  liabilitv  until  he  shall  have  filed  an  account  with  the 
commission  or  with  the  probate  court  and  such  account  shall  have  liccn 
approved.  The  trustee  or  guardian  shall  be  entitb'd  to  receive  such  com- 
pensation for  his  services  as  shall  be  fixed  and  allowed  by  the  commission 
or  by  the  probate  court; 


Act  2144a,  §  76  general  laws.  1454 

Joinder  of  persons. 

(4)  To  provide  for  the  joinder  in  the  same  proceeding  of  all  persons 
interested  therein,  whether  as  employer,  insurance  carrier,  employee,  de- 
pendent, creditor  or  otherwise; 

Notices. 

(5)  To  regulate  and  prescribe  the  kind  and  character  of  notices,  where 
not  otherwise  prescribed  by  this  act,  and  the  service  thereof; 

Evidence. 

(6)  To  regulate  and  prescribe  the  nature  and  extent  of  the  proofs  and 
evidence. 

Reference  of  cases. 

§  76.  (a)  The  commission  may  by  order  entered  upon  its  minutes, 
upon  the  agreement  of  the  parties,  upon  the  application  of  either,  or  of 
its  own  motion,  and  either  with  or  without  notice,  direct  and  order  a 
reference  in  the  following  eases: 

(1)  To  try  any  or  all  of  the  issues  in  any  proceeding  before  it,  whether 
of  fact  or  of  law,  and  to  report  a  finding,  order,  decision  or  award  to  be 
based  thereon. 

(2)  To  ascertain  a  fact  necessary  to  enable  the  commission  to  deter- 
mine any  proceeding  before  it  or  to  make  any  order,  decision  or  award 
that  the  commission  is  authorized  to  make  under  this  act,  or  that  is 
necessary  for  the  information  of  the  commission. 

Referees. 

(b)  The  commission  may  appoint  one  or  more  referees  in  any  proceed- 
ing, as  it  may  deem  necessary  or  advisable,  and  may  refer  separate  mat- 
ters arising  out  of  the  same  proceeding  to  different  referees.  It  may 
also,  in  its  discretion,  appoint  general  referees  who  are  residents  of  the 
county  or  city  and  county  for  which  they  are  appointed  and  who  shall 
hold  oflSce  during  the  pleasure  of  the  commission.  Any  referee  ap- 
pointed by  the  commission  shall  have  such  powers,  jurisdiction  and  au- 
thority as  is  granted  under  the  law,  by  the  order  of  appointment  and  by 
the  rules  of  the  commission  and  shall  receive  such  salary  or  compensa- 
tion for  his  services  as  may  be  fixed  by  the  commission. 

Objection  to  referee. 

(c)  Any  party  to  the  proceeding  may  object  to  the  appointment  of  any 
person  as  referee  upon  any  one  or  more  of  the  grounds  specified  in  sec- 
tion 641  of  the  Code  of  Civil  Procedure  and  such  objection  must  be  heard 
and  disposed  of  by  the  commission.  Atfidavits  may  be  read  and  wit 
nesses  examined  as  to  such  objections. 

Oath  of  referee. 

(d)  Before  entering  upon  his  duties,  the  referee  must  be  sworn  before 
an  ofncer  authorized  to  administer  oaths,  faithfully  and  fairly  to  hear 
and  determine  the  allegations  and  evidenc,e  of  the  parties  in  relation  to 


' 


1455  MASTER  AND  SERVANT.     Act  2144a,  §§  77,  78 

the  matters  in  the  reference,  and  to  make  just  findings  and  report  accord- 
ing to  his  understanding. 

Referee's  findings. 

(e)  The  referee  must  report  his  findings  in  ivriting  to  the  commission 
within  twenty  days  after  the  testimony  is  closed.  Such  report  shall  be 
made  in  the  form  prescribed  by  the  commission  and  shall  include  all 
matters  required  to  be  included  in  the  order  of  reference  or  by  the  rules 
of  the  commission.  The  facts  found  and  conclusions  of  law  must  be 
separately  stated. 

Action  on  report. 

(f)  Upon  the  filing  of  the  report  of  the  referee,  the  commission  may 
confirm,  adopt,  modify  or  set  aside  the  same  or  any  part  thereof  and  may, 
either  with  or  v/ithout  further  proceedings,  and  either  with  or  without 
notice,  enter  its  order,  findings,  decision  or  award  based  in  whole  or  in 
part  upon  the  report  of  the  referee. 

Rules  of  procedure  and  of  evidence. 

§  77.  (a)  All  hearings  and  investigations  before  the  commission  or 
any  member  thereof,  or  any  referee  appointed  thereby,  shall  be  governed 
by  this  act  and  by  .the  rules  of  practice  and  procedure  adopted  by  the 
commission,  and  in  the  conduct  thereof  neither  the  commission  nor  any 
member  thereof  nor  any  referee  appointed  thereby  shall  be  bound  by  the 
technical  rules  of  evidence.  No  informality  in  any  proceeding  or  in  the 
manner  of  taking  testimony  shall  invalidate  any  order,  decision,  award, 
rule  or  regulation  made,  approved  or  confirmed  by  the  commission. 

Deposition  of  witnesses. 

(b)  The  commission  or  any  member  thereof  or  any  party  to  the  action 
or  proceeding  may,  in  any  investigation  or  hearing  before  the  commis- 
sion, cause  the  deposition  of  witnesses  residing  within  or  without  the  state 
to  be  taken  in  the  manner  prescribed  by  law  for  like  depositions  in  civil 
actions  in  the  superior  courts  of  this  state,  and  to  that  end  may  compel 
the  attendance  of  witnesses  and  the  production  of  books,  documents, 
papers  and  accounts. 

Power  to  administer  oaths,  issue  subpoenas,  etc.  Fees  and  mileage  of 
witnesses. 
§  78.  The  commission  and  each  member  thereof,  its  secretary  and 
referee,  shall  have  power  to  administer  oaths,  certify  to  all  official  nets, 
and  to  issue  subpoenas  for  the  attendance  of  witnesses  and  the  produc- 
tion of  papers,  books,  accounts,  documents  and  testimony  in  any  in(piiry, 
investigation,  hearing  or  proceeding  in  any  part  of  the  state.  Eneh  wit- 
ness who  shall  appear,  by  order  of  the  commission  or  a  member  thereof, 
or  a  referee  appointed  thereby,  shall  be  entitled  to  receive,  if  demanded, 
for  his  attendance  the  same  fees  and  mileage  allowed  by  law  to  a  wit- 
ness in  civil  cases,  which  amount  shall  be  paid  by  the  party  at  wboHO 
request  such  witness  is  subpoenaed,  unless  otherwise  ordered  by  the  com- 


Act  2144a,  §  79  general  laws,  1456 

mission.  When  any  witness  who  has  not  been  required  to  attend  at  the 
request  of  any  party  is  subpoenaed  by  the  commission  his  fees  and  mile 
age  may  be  paid  from  the  funds  appropriated  for  the  use  of  the  commis- 
sion in  the  same  manner -as  other  expenses  of  the  commission  are  paid. 
Any  witness  subpoenaed,  except  one  whose  fees  and  mileage  may  be  paid 
from  the  funds  of  the  commission,  may,  at  the  time  of  service,  demand 
the  fee  to  which  he  is  entitled  for  travel  to  and  from  the  place  at  which 
he  is  required  to  appear,  and  one  day's  attendance.  If  such  witness  de- 
mands such  fees  at  the  time  of  service,  and  they  are  not  at  that  time 
paid  or  tendered,  he  shall  not  be  required  to  attend  before  the  commis- 
sion, member  thereof,  or  referee  as  directed  in  the  subpoena.  All  fees 
or  mileage  to  which  any  witness  is  entitled  under  the  provisions  of  this 
section  may  be  collected  by  action  therefor  instituted  by  the  person  to 
whom  such  fees  are  payable. 

Superior  court  may  compel  witnesses  to  attend.  Order  to  attend. 
Remedy  cumulative. 
§  79.  The  superior  court  in  and  for  the  county,  or  city  and  county, 
in  which  any  inquiry,  investigation,  hearing  or  proceeding  may  be  held 
by  the  commission  or  any  member  thereof  or  referee  appointed  thereby, 
shall  have  the  power  to  compel  the  attendance  of  witnesses,  the  giving 
of  testimony  and  the  production  of  papers,  including  books,  accounts  and 
documents,  as  required  by  any  subpoena  issued  by  the  commission  or 
member  thereof  or  referee.  The  commission  or  the  member  thereof  or  the 
referee  before  whom  the  testimony  is  to  be  given  or  produced,  in  case  of 
the  refusal  of  any  witness  to  attend  or  testify  or  produce  aby  papers  re- 
quired by  such  subpoena,  may  report  to  the  superior  court  in  and  for  the 
county,  or  city  and  county,  in  which  the  proceeding  is  pending,  by  peti- 
tion, setting  forth  that  due  notice  has  been  given  of  the  time  and  j)lace 
of  attendance  of  said  witness,  or  the  production  of  said  papers,  and  that 
the  witness  has  been  subpoenaed  in  the  manner  prescribed  in  this  act. 
and  that  the  witness  has  failed  and  refused  to  attend  or  produce  the 
papers  required  by  the  subpoena,  or  has  refused  to  answer  questions  pro- 
pounded to  him  in  the  course  of  such  proceeding,  and  ask  an  order  of 
said  court,  compelling  the  witness  to  attend  and  testify  or  produce  said 
papers  before  the  commission.  The  court,  upon  the  petition  of  the  com- 
mission or  such  member  thereof  or  referee,  shall  enter  an  order  directing 
the  witness  to  appear  before  the  court  at  a  time  and  place  to  be  fixed 
by  the  court  in  such  order,  the  time  to  be  not  more  than  ten  days  from 
the  date  of  the  order,  and  then  and  there  show  cause  why  he  had  not 
attended  and  testified  or  produced  said  papers  before  the  commission, 
member  thereof  or  referee.  A  copy  of  said  order  shall  be  served  upon 
said  witness.  If  it  shall  appear  to  the  court  that  said  subpoena  was 
regularly  issued  by  the  commission  or  member  thereof  or  referee,  the 
court  shall  thereupon  enter  an  order  that  said  witness  appear  before  the 
commission  or  member  thereof  or  referee  at  a  time  and  place  to  be  fixed 
in  such  order,  and  testify  or  produce  the  required  papers,  and  upon  failure 


1457  MASTER  AND  SERVANT.     Act  2144a,  §§  80,  81 

to  obey  said  order,  said  witness  shall  be  dealt  with  as  for  contempt  of 
court.  The  remedy  provided  in  this  section  is  cumulative,  and  shall  not 
be  construed  to  impair  or  interfere  with  the  power  of  the  commission  or 
a  member  thereof  to  enforce  the  attendance  of  witnesses  and  the  produc- 
tion of  papers,  and  to  punish  for  contempt  in  the  same  manner  and  to  the 
same  extent  as  courts  of  record. 

Power  to  do  all  things  necessary. 

§  80.  (a)  The  commission  is  hereby  vested  with  full  power,  authority 
and  jurisdiction  to  do  and  perform  any  and  all  things,  whether  herein 
specifically  designated,  or  in  addition  thereto,  which  are  necessary  or 
convenient  in  the  exercise  of  any  power,  authority  or  jurisdiction  con- 
ferred upon  it  under  this  act. 

May  issue  all  necessary  process. 

(b)  The  commission  and  each  member  thereof  shall  have  power  to  issue 
writs  of  summons,  warrants  of  attachment,  warrants  of  commitment  and 
all  necessary  process  in  proceedings  for  contempt,  in  like  manner  and 
to  the  same  extent  as  courts  of  record.  The  process  issued  by  the  com- 
mission or  any  member  thereof  shall  extend  to  all  parts  of  the  state  and 
may  be  served  by  any  persons  authorized  to  serve  process  of  courts  of 
record,  or  by  any  person  designated  for  that  purpose  by  the  commission 
or  any  member  thereof.  The  person  executing  an,y  such  process  shall 
receive  such  compensation  as  may  be  allowed  by  the  commission,  not  to 
exceed  the  fees  now  prescribed  by  law  for  similar  services,  and  such  fees 
shall  be  paid  in  the  same  manner  as  provided  herein  for  the  fees  of  wit- 
nesses. 

Application  for  rehearing. 

§  81,  (a)  Any  party  or  person  aggrieved  directly  or  indirectly  by  any 
final  order,  decision,  award,  rule  or  regulation  of  the  commission,  iiindo 
or  entered  under  any  provision  contained  in  this  act,  may  apply  to  the 
commission  for  a  rehearing  in  respect  to  any  matters  determined  or 
covered  by  such  final  order,  decision,  award,  rule  or  regulation  and  speci- 
fied in  the  application  for  rehearing  within  the  time  and  iu  the  muuner 
hereinafter  specified,  and  not  otherwise. 

When  cause  of  action  accrues  in  court, 

(b)  No  cause  of  action  arising  out  of  any  such  final  order,  decision  or 
award  shall  accrue  in  any  court  to  any  person  until  and  unless  such  per- 
son shall  have  made  application  for  such  rehearing,  and  such  nppl.cntion 
shall  have  been  granted  or  denied;  provided,  that  nothing  herein  ron 
tained  shall  be  construed  to  prevent  the  enforcement  of  any  such  fln:il 
order,  decision,  award,  rule  or  regulation  in  the  manner  provided  in  this 
act. 

92 


Act  2144a,  §  81  general  laws.  1458 

Matter  contained  in  application. 

(e)  Such  application  shall  set  forth  specifically  and  in  full  detail  the 
grounds  upon  which  the  applicant  considers  said  final  order,  decision, 
award,  rule  or  regulation  is  unjust  or  unlawful,  and  every  issue  to  be  con- 
sidered by  the  commission.  Such  application  must  be  verified  upon  oath 
in  the  same  manner  as  required  for  verified  pleadings  in  the  courts  of 
record  and  must  contain  a  general  statement  of  any  evidence  or  other 
matters  upon  which  the  applicant  relies  in  support  thereof.  The  ap- 
plicant for  such  rehearing  shall  be  deemed  to  have  finally  waived  all 
objections,  irregularities  and  illegalities  concerning  the  matter  upon 
which  such  rehearing  is  sought  other  than  these  set  forth  in  the  applica- 
tion for  such  rehearing. 

Service  on  adverse  parties. 

(d)  A  copy  of  such  application  for  rehearing  shall  be  served  forth- 
with on  all  adverse  parties,  if  any,  and  any  such  adverse  party  maj'  file 
an  answer  thereto  within  ten  days  thereafter.  Such  answer  must  like- 
wise be  verified.  If  there  are  no  adverse  parties,  such  application  may 
be  heard  ex  parte  or  the  commission  may  require  the  application  for  re- 
hearing to  be  served  on  such  parties  as  may  be  designated  by  it. 

Action  on  application. 

(e)  Upon  filing  of  an  application  for  a  rehearing,  if  the  issues  raised 
thereby  have  theretofore  been  adequately  considered  by  the  commission, 
it  may  determine  the  same  by  confirming  without  hearing  its  previous 
determination,  or  if  a  rehearing  is  necessary  to  determine  the  issues  raised, 
the  commission  shall  order  a  rehearing  thereon  and  consider  and  deter- 
mine the  matter  or  matters  raised  by  such  application.  Notice  of  the 
time  and  place  of  such  rehearing  shall  be  given  to  the  applicant  and  the 
adverse  parties,  if  any,  and  to  such  other  persons  as  the  commission  may 
order. 

Commission  may  modify  original  order.     Application  deemed  denied. 

(f)  If  after  such  rehearing  and  a  consideration  of  all  the  facts,  in- 
cluding those  arising  since  the  making  of  the  order,  decision  or  award 
involved,  the  commission  shall  be  of  the  opinion  that  the  original  order, 
decision  or  award  or  any  part  thereof,  is  in  any  respect  unjust  or  unwar- 
ranted, or  should  be  changed,  the  commission  may  abrogate,  change  or 
modify  the  same.  An  order,  decision  or  award  made  after  such  rehear- 
ing, abrogating,  changing  or  modifying  the  original  order,  decision  or 
award  shall  have  the  same  force  and  effect  as  an  original  order,  decision 
or  award,  but  shall  not  affect  any  right  or  the  enforcement  of  any  right 
arising  from  or  by  virtue  of  the  original  order,  decision  or  award,  unless 
so  ordered  by  the  commission.  An  appdication  for  a  rehearing  shall  be 
deemed  to  have  been  denied  by  the  commission  unless  it  shall  have  been 
acted  upon  within  thirty  days  from  the  date  of  filing;  provided,  however, 
that  the  commission  may  upon  good  cause  being  shown  therefor,  extend 


1459  MASTER  AND  SERVANT.     Act  2144a,  §§  82,  83 

the  time  within  which  it  may  act  upon  such  application  for  rehearing  for 
not  exceeding  thirty  days. 

Time  and  grounds  for  rehearing  on  award. 

§  82.  (a)  At  any  time  within  twenty  days  after  the  ser^/ice  of  any 
final  order  or  decision  of  the  commission  awarding  or  denying  compen- 
sation, or  arising  out  of  or  incidental  thereto,  any  party  or  parties 
aggrieved  thereby  may  apply  for  such  rehearing  upon  one  or  more  of 
the  following  grounds  and  upon  no  other  grounds: 

(1)  That  the  commission  acted  without  or  in  excess  of  its  powers. 

(2)  That  the  order,  decision  or  award  was  procured  by  fraud. 

(3)  That  the  evidence  does  not  justify  the  finding  of  fact. 

(4)  That  the  applicant  has  discovered  new  evidence,  material  to  him, 
and  which  he  could  not,  with  reasonable  diligence  have  discovered  and 
produced  at  the  hearing. 

(5)  That  the  findings  of  fact  do  not  support  the  order,  decision  or 
award. 

Not  limitation  on  commission. 

(b)  Nothing  contained  in  this  section  shall,  however,  be  construed  to 
limit  the  right  of  the  commission,  at  any  time  within  two  hundred  forty- 
five  weeks  from  the  date  of  its  award,  and  from  time  to  time,  after 
due  notice  and  upon  the  application  of  any  party  interested,  to  review, 
'diminish  or  increase,  within  the  limits  provided  by  this  act,  any  com- 
pensation awarded  upon  the  grounds  that  the  disability  of  the  person  in 
whose  favor  such  award  was  made  has  either  increased  or  diminished  oi 
terminated. 

Time  and  grounds  for  rehearing  on  other  order,  etc. 

§  83.  (a)  At  any  time  within  twenty  days  after  the  service  of  any 
other  final  order,  decision,  rule  or  regulation  made  by  the  commission 
under  the  provisions  of  this  act,  any  party  or  parties,  person  or  persons 
aggrieved  thereby  or  otherwise  affected,  directly  or  indirectly,  may  apply 
for  such  rehearing  upon  one  or  more  of  the  following  grounds  and  upon 
no   other  grounds: 

(1)  That  the  commission  acted  without  or  in  excess  of  its  powers. 

(2)  That  the  order  or  decision  was  procured  by  fraud. 

(3)  That  the  order,  decision,  rule  or  regulation  is  unreasonable. 

No  limitation  on  commission. 

(b)  ISTothing  contained  in  this  section  shall  be  construed  to  limit  the 
right  of  the  commission,  at  any  time  and  from  time  to  time,  to  ado]it 
new  or  different  rules  or  regulations  or  new  or  different  standards  of 
safety,  or  to  abrogate,  change  or  modify  any  existing  rule,  regulation, 
or  standard,  or  any  part  thereof,  or  to  deprive  the  commission  of  continu- 
ing jurisdiction  over  the  same  or  to  prevent  the  enforcenient  in  <he 
manner  provided  by  this  act,  of  any  rules,  regulations  or  standard  of 
the  commission,  or  any  part  thereof,  when  so  adopted,  or  changed,  or 
modified. 


Act  2144a,  §  84  general  laws.  1460 

Appeal  to  supreme  court. 

§  84.  (a)  Within  thirty  days  after  the  application  for  a  rehearing  is 
denied,  or,  if  the  application  is  granted,  within  thirty  days  after  the 
rendition  of  the  decision  on  the  rehearing,  any  party  affected  thereby 
may  apply  to  the  supreme  court  of  this  state  or  to  the  district  court  of 
appeals  of  the  appellate  district  in  which  such  person  resides,  for  a 
writ  of  certiorari  or  review  (hereinafter  referred  to  as  a  writ  of  review) 
for  the  purpose  of  having  the  lawfulness  of  the  original  order,  decision 
or  award  or  the  order,  decision  or  award  on  rehearing  inquired  into  and 
determined. 

Return  of  writ. 

(b)  Such  writ  shall  be  made  returnable  not  later  than  thirty  days 
after  the  date  of  the  issuance  thereof,  and  shall  direct  the  commission 
to  certify  its  record  in  the  case  to  the  court.  On  the  return  day  the 
cause  shall  be  heard  in  the  court  unless  for  good  cause  the  same  be 
continued.  No  new  or  additional  evidence  may  be  introduced  in  such 
court  but  the  cause  shall  be  heard  on  the  record  to  the  commission  as 
certified  to  by  it.  The  review  shall  not  be  extended  further  than  to 
determine  whether  or  not: 

(1)  The  commission  acted  without  or  in  excess  of  its  powers. 

(2)  The  order,  decision  or  award  was  procured  by  fraud. 

(3)  The   order,  decision,  rule  or  regulation  is  unreasonable. 

(4)  If  findings  of  fact  are  made,  whether  or  not  such  findings  of  fact 
support  the  order,  decision  or  award  under  review. 

Findings  of  fact  conclusive. 

(c)  The  findings  and  conclusions  of  the  commission  on  questions  of 
fact  shall  be  conclusive  and  final  and  shall  not  be  subject  to  review; 
such  questions  of  fact  shall  include  ultimate  facts  and  the  findings  and 
conclusions  of  the  commission.  The  commission  and  each  party  to  the 
action  or  proceeding  before  the  commission  shall  have  the  right  to  ap- 
pear in  the  review  proceeding.  Upon  the  hearing  the  court  shall  enter 
judgment  either  affirming,  modifying  or  setting  aside  the  order,  decision 
or  award. 

C.  C.  P.  applicable. 

(d)  The  provisions  of  the  Code  of  Civil  Procedure  of  this  state  relat- 
ing to  writs  of  review  shall,  so  far  as  applicable  and  not  in  conflict  with 
this  act,  apply  to  proceedings  in  the  courts  under  the  provisions  of  this 
section.  No  court  of  this  state  (except  the  supreme  court  and  the  district 
courts  of  appeal  to  the  extent  herein  specified)  shall  have  jurisdiction  to 
review,  reverse,  correct  or  annul  any  order,  decision  or  award  of  the 
commission  or  to  suspend  or  delay  the  operation  or  execution  thereof, 
or  to  restrain,  enjoin  or  interfere  with  the  commission  in  the  perform- 
ance of  its  duties;  provided,  that  a  writ  of  mandamus  shall  lie  from 
the  supreme  court  or  the  district  courts  of  appeal  in  all  proper  eases. 


1461  MASTER  AND   SERVANT.     Act  2144a,  §§  85-87 

Suspension  of  order  during  rehearing. 

§  85.  (a)  The  filing  of  an  application  for  a  rehearing  shall  have  the 
effect  of  suspending  the  order,  decision,  award,  rule  or  regulation  affected, 
in  so  far  as  the  same  applies  to  the  parties  to  such  application,  unless 
otherwise  ordered  by  the  commission,  for  a  period  of  ten  days,  and  the 
commission  may,  in  its  discretion  and  upon  such  terms  and  conditions  as 
it  may  by  order  direct,  stay,  suspend  or  postpone  the  same  during  the 
pendency  of  such  rehearing. 

Court  may  stay  order. 

(b)  The  filing  of  an  application  for,  or  the  pendency  of,  a  writ  of 
review,  shall  not  of  itself  stay  or  suspend  the  operation  of  the  order, 
decision,  award,  rule  or  regulation  of  the  commission  subject  to  review, 
but  the  court  before  which  such  application  is  filed  may,  in  its  discre- 
tion, stay  or  suspend  in  whole  or  in  part  the  operation  of  the  order, 
decision,  award,  rule  or  regulation  of  the  commission  subject  to  review 
upon  such  terms  and  conditions  as  it  may  by  order  direct. 

Act  liberally  construed. 

§  86.  (a)  Whenever  this  act,  or  any  part  or  section  thereof,  is  inter- 
preted by  a  court,  it  shall  be  liberally  construed  by  such  court. 

If  section  be  declared  unconstitutional. 

(b)  If  any  section,  subsection,  subdivision,  sentence,  clause  or  phrase 
of  this  act  is  for  any  reason  held  to  be  unconstitutional,  such  decision 
shall  not  affect  the  validity  of  the  remaining  portions  of  this  act.  The 
legislature  hereby  declares  that  it  would  have  passed  this  act,  and  each 
section,  subsection,  subdivision,  sentence,  clause  and  phrase  thereof,  irre- 
spective of  the  fact  that  any  one  or  more  sections,  subsections,  sub- 
divisions, sentences,  clauses  or  phrases  is  declared  unconstitutional. 

Not  applicable  to  interstate  commerce. 

(c)  This  act  shall  not  be  construed  to  apply  to  employers  or  employ- 
ments which,  according  to  law,  are  so  engaged  in  interstate  commerce 
as  not  to  be  subject  to  the  legislative  power  of  the  state  or  to  employees 
injured  while  they  are  so  engaged,  except  in  so  far  as  this  act  may  be 
permitted  to  apply  under  the  provisions  of  the  constitution  of  the  United 
States  or  the  acts  of  congress. 

Election  to  come  under  act. 

§  87.  (a)  Any  employer,  having  in  his  employment  any  employee  not 
included  wnthin  the  term  "employee"  as  defined  by  section  14  of  this 
act  or  not  entitled  to  compensation  under  this  act,  and  any  such  em- 
ployee, mav,  by  their  joint  election,  elect  to  come  under  the  compensa- 
tion provisions  of  this  act  in  the  manner  hereinafter  provided. 

Notice  by  employer.  ,    „  u  i     i.     ai- 

(b)  Such  election  on  the  part  of  the  employer  shall  be  .nade  by  filing 
with  the  commission  a  written  statement  to  the  effcc  ha,  he  accepts 
the  compensation  provisions  of  this  act,  which,  when  filed,  shall  oiu'rate, 


Act  2144a,  §§88-90  general  laws.  1462 

within  the  meaning  of  section  12  of  this  act,  to  subject  him  to  the 
compensation  provisions  of  this  act,  and  of  all  acts  amendatory  thereof, 
for  the  term  of  one  year  from  the  date  of  filing,  and  thereafter  without 
further  act  on  his  part,  for  successive  terms  of  one  year  each,  unless 
such  employer  shall,  at  least  sixty  days  prior  to  the  expiration  of  such 
first  or  any  succeeding  year,  file  in  the  office  of  the  commission  a  notice 
in  writing  that  he  withdraws  his  election.  Such  acceptance  shall  not  be 
held  to  include  employees  whose  employment  is  both  casual  and  not  in 
the  usual  course  of  the  trade,  business,  profession  or  occupation  of  the 
employer,  unless  expressly  mentioned  therein. 

When  employee  is  deemed  subject  to  compensation  prgvisions. 

(c)  Any  employee  in  the  service  of  any  such  employer,  shall  be 
deemed  to  have  accepted,  and  shall,  within  the  meaning  of  section  12 
of  this  act,  be  subject  to  the  compensation  provisions  of  this  act,  and 
of  any  act  amendatory  thereof,  if,  at  the  time  of  the  accident  for  which 
liability  is   claimed: 

(1)  The  employer  charged  with  such  liability  is  subject  to  the  com- 
pensation provisions  of  this  act,  whether  the  employee  has  actual  notice 
thereof  or  not;  and 

(2)  Such  employee  shall  not,  at  the  time  of  entering  into  his  contract 
of  hire,  have  given  to  his  employer  notice  in  writing  that  he  elects  not 
to  be  subject  to  the  compensation  provisions  of  this  act;  or,  in  the  event 
that  such  contract  of  hire  was  made  in  advance  of  the  election  by  the 
employer,  such  employee  shall  have  given  to  his  employer  notice  in 
writing  that  he  elects  to  be  subject  to  such  provisions,  or  without  giving 
either  of  such  notices,  shall  have  remained  in  the  service  of  such  em- 
ployer for  thirty  days  after  the  employer  has  filed  his  election. 

Annual  report  to  governor. 

§  88.  The  commission  shall,  not  later  than  the  first  day  of  December 
of  each  calendar  year,  subsequent  to  the  year  1913,  make  a  report  to 
the  governor  of  the  state  covering  its  entire  operations  and  proceedings 
for  the  previous  fiscal  year,  with  such  suggestions  or  recommendations  as 
it  may  deem  of  value  for  public  information.  Such  report  shall  be 
printed  and  a  copy  thereof  furnished  to  all  applicants  within  this  state. 

Appropriation. 

§  89.  The  sum  of  one  hundred  eightj'-seven  thousand  four  hundred 
seventy  dollars  is  hereby  appropiiated  out  of  any  money  in  the  state 
treasury,  not  otherwise  appropriated,  to  be  used  by  the  industrial  acci- 
dent commission  in  carrying  out  the  purposes  of  this  act,  and  the  con- 
troller is  hereby  directed  to  draw  his  warrant  on  the  general  fund  from 
time  to  time  in  favor  of  said  industrial  accident  commission  for  the 
amounts  expended  under  its  direction,  and  the  treasurer  is  hereby 
authorized  and  directed  to  pay  the  same. 

Repeal  of  prior  acts. 

§  90.  All  acts  or  parts  of  acts  inconsistent  with  this  act  are  hereby 
repealed. 


1463  MASTER   AND    SERVANT.  Act  2144b,  §§  1,  2 

Prior  injury. 

§  91.  The  compensation  provisions  of  this  act  shall  not  apply  to  any 
injury  sustained  prior  to  the  taking  effect  thereof. 

In  effect. 

§  92.  This  act  shall  take  effect  and  be  in  force  on  and  after  the  first 
day  of  January,  A.  D.  1914. 

ACT  2144b. 

An  act  imposing  additional  duties  and  conferring  additional  powers  upon 
the  industrial  accident  board,  requiring  certain  statistical  informa- 
tion, fixing  a  penalty  for  neglect  or  refusal  to  give  such  information 
to  said  board  on  request,  requiring  said  board  to  report  to  the  gov- 
ernor and  authorizing  it  to  give  publicity  to  the  results  of  its 
researches  and  investigations  and  empowering  said  board  to  expend 
in  carrying  out  the  requirements  of  this  act  a  sum  not  to  exceed 
fifteen  thousand  dollars  out  of  the  funds  heretofore  appropriated 
for  carrying  out  the  purposes  of  an  act  entitled  "An  act  relating  to 
the  liability  of  employers  for  injuries  or  death  sustained  by  their 
employees,  providing  for  compensation  for  the  accidental  injury  of 
employees,  establishing  an  industrial  accident  board,  making  an 
appropriation  therefor,  defining  its  powers  and  providing  for  a 
review  of  its  awards,  approved  April  8,  1911." 
[Approved   January  2,  1912.     Stats.   Ex.   Sess.   1911,   p.   16G.] 

Collection  of  statistics  in  regard  to  industrial  accidents. 

§  1.  It  shall  be  the  duty  of  the  industrial  accident  board  to  collect 
and  compile  statistics  in  regard  to  industrial  accidents  happening  in  this 
state  resulting  in  personal  injury  and  the  cost  and  probable  causes 
thereof,  to  investigate  methods  and  devices  for  the  prevention  of  such 
accidents,  to  investigate  the  comparative  merits  and  relative  cost  of 
the  various  forms  of  insurance  against  liability  and  compensation  for 
personal  injuries  resulting  from  industrial  accidents. 

Duty  of  employers  and  insurance  companies  to  furnish  information. 
Board  not  to  divulge  information. 
§  2.  It  shall  be  the  duty  of  every  employer  of  labor  and  of  persons, 
firms,  associations  or  corporations  insuring  against  liability  of  employers 
for  damages  or  compensation  for  personal  injuries  to  employees  by 
industrial  accidents  to  furnish  to  the  industrial  accident  board,  U|)on 
the  written  request  of  a  member  thereof  or  an  examiner  ap|)oi:itril 
thereby,  any  and  all  information  in  his  or  its  possession  or  under  his 
or  its  control,  pertinent  to  any  of  the  matters  referred  to  in  the  preced- 
ing section  of  this  act.  It  shall  be  unlawful  for  the  said  boar.l.  or  any 
member  thereof,  or  any  examiner  appointed  thereby,  to  divulge  any 
information  obtained  from  any  employer  of  labor,  or  from  any  ju-rson, 
firm,  association,  or  corporation  insuring  against  liability  01*  comp.'nsa- 
tion    for   industrial    accidents,    without     the     written     consent     of    such 


Act  2144b,  §§  3-7  general  laws.  1464 

employer,  and  of  such  person,  firm,  association  or  corporation;  and  any 
member  of  the  said  board,  or  any  examiner  appointed  thereby  who  vio- 
lates the  provisions  of  this  section  of  this  act,  shall  be  guilty  of  a  mis- 
demeanor, and  for  each  and  every  such  violation  shall  be,  upoii  conviction 
thereof,  punishable  by  a  fine  of  not  less  than  ten  dollars  ($10)  or  more 
than  one  hundred  dollars  ($100)  or  by  imprisonment  for  not  more  than 
thirty  (30)  days,  or  by  both  such  fine  and  imprisonment;  and  any 
information  so  obtained  shall  not  be  used  against  any  such  employer, 
person,  firm,  association  or  corporation,  in  any  action  brought  against 
such  employer,  person,  firm,  association  or  corporation  without  the  writ- 
ten consent  of  such  emplo3"er,  person,  firm,  association  or  corporation; 
provided,  however,  that  this  section  shall  not  prevent  the  industrial 
accident  board  from  making  and  publishing  the  results  of  its  investiga- 
tions and  researches  as  provided  in  sections  5  and  6  of  this  act. 

Authority  to  enter  places  of  employment. 

§  3.  Any  member  of  the  said  board  or  examiner  appointed  thereby 
may,  during  reasonable  business  hours,  enter  any  place  of  emploj'ment 
for  the  purpose  of  collecting  facts  and  statistics  and  examining  the 
provisions  made  for  the  safety  and  welfare  of  the  employees  therein. 

Penalty  for  failure  to  comply  with  act. 

§  4.  It  shall  be  unlawful  for  any  person,  firm,  corporation,  agent  or 
officer  of  a  firm  or  corporation  to  fail,  neglect  or  refuse  to  comply  with 
any  of  the  foregoing  provisions  of  this  aet.  Any  person,  firm,  corpora- 
tion, agent  or  officer  of  a  firm  or  corporation  that  knowingly  violates 
or  omits  to  comply  with  any  of  the  provisions  of  this  act,  shall  be  guilty 
of  a  misdemeanor  for  each  and  every  offense  and  shall  be,  upon  convic- 
tion thereof,  punishable  by  a  fine  of  not  more  than  ten  dollars. 

Report  for  year  1912. 

§  5.  The  industrial  accident  board  shall  report  the  results  of  its 
investigations  covering  the  calendar  year  of  1912  to  the  governor  of 
the  state  not  later  than  February  1,  1913. 

Authority  to  publish  statistics. 

§  6.  The  industrial  accident  board  is  authorized  and  empowered  to 
make  public  and  publish  at  such  times  and  in  such  manner  as  it  deems 
best,  the  results  of  its  investigations  and  researches  together  with  all 
such  other  information  in  relation  to  the  liability  of  employers  for  dam- 
ages or  compensation  for  personal  injuries  to  their  emploj-ees  as  it  may 
deem  essential  to  fully  acquaint  the  people  of  the  state  with  the  present 
law  and  its  purpose  and  operation. 

Funds  for  use  of  board. 

§  7.  The  industrial  accident  board  is  hereby  authorized  to  draw  upon 
and  expend  for  the  purposes  set  forth  in  this  act  a  sum  not  in  excess 
of  fifteen  thousand  dollars  the  same  to  be  paid  out  of  the  sum  of  fifty 


1465  MASTER  AND  SERVANT.  Act  21440,  §§  1-3 

thousand  dollars  appropriated  for  the  use  of  said  board  under  section  29 
of  an  act  entitled  "An  act  relating  to  the  liability  of  employers  for 
injuries  or  death  sustained  by  their  employees,  establishing  an  industrial 
accident  board,  making  appropriation  therefor,  defining  its  powers  and 
providing  for  a  review  of  its  awards,  approved  April  8,  1911,"  and  the 
controller  is  hereby  directed  to  draw  his  warrants  in  favor  of  said  board 
for  sums  so  expended  when  duly  audited  and  approved  by  the  state  board 
of  control,  and  the  treasurer  is  hereby  authorized  and  directed  to  pay 
the  same. 

ACT  2144c. 

An  act  to  confer  upon  the  industrial  accident  commission  all  of  the 
duties,  liabilities,  authority,  powers  and  privileges  conferred  and 
imposed  by  law  upon  the  industrial  accident  board,  abolishing  the 
industrial  accident  board  and  providing  for  a  transfer  of  its  funds 
to  the  credit  of  the  industrial  accident  commission. 

[Approved   June    16,    1913.     Stats.   1913,   p.   950.] 

Certificate  of  industrial  accident  commission. 

§  1.  Upon  the  organization  of  the  industrial  accident  commission,  tho 
commission  shall  file  in  the  office  of  the  secretary  of  state  its  certificate 
setting  forth  that  the  commission  has  been  organized  as  provided  by 
•  law. 

To  succeed  industrial  accident  board. 

§  2.  Upon  the  filing  of  the  certificate  required  by  section  1  hereof, 
the  industrial  accident  commission  shall  supersede  the  industrial  accident 
board  and  all  duties,  liabilities,  authority,  powers,  and  privileges  con- 
ferred and  imposed  by  law  upon  the  industrial  accident  board  shall  there- 
upon devolve  upon  the  industrial  accident  commission  and  shall  there- 
after be  exercised  and  performed  by  the  industrial  accident  coiuniission 
in  the  same  manner  and  with  the  same  force  and  effect  as  if  exerci.sed 
and  performed  by  the  industrial  accident  board,  and  the  said  industrial 
accident  board  shall  thereupon  cease  to  exist. 

Unexpended  balances. 

§  3.  Upon  the  filing  of  the  certificate  required  by  section  1  hereof, 
all  unexpended  balances  of  moneys  appropriated  by  law  for  the  support, 
maintenance  or  use  of  the  industrial  accident  board  shall  be  pbiced  to 
the  credit  of  the  industrial  accident  commission  by  the  state  controller 
and  the  controller  is  hereby  authorized  to  draw  his  warrant  from  timo 
to  time  in  favor  of  the  industrial  accident  commission  for  the  amount 
of  such  unexpended  balance  expended  under  its  direction,  and  the  treas- 
urer is  hereby  authorized  and  directed  to  pay  the  same. 


Act2144d,  §§  1,  2  GENERAL  LAWS.  1466 

ACT  2144d. 

An  act  to  provide  for  the  keeping  by  employers  of  a  record  of  injuries 
suffered  by  their  employees;  the  reporting  of  such  injuries  to  the 
industrial  accident  board  by  employers  and  attending  physicians; 
the  keeping  by  employers  and  insurance  companies  of  records  of 
claims  for  injuries  suffered  by  employees  and  of  compromises  and 
settlements  made  therefor  and  requiring  the  reporting  thereof  to 
said  board;  and  fixing  a  penalty  for  refusal  or  neglect  to  keep  such 
,   records  or  make  such  reports. 

[Approved  January  10,  1912.     Stats.  Ex.  Sess.   1911,  p.  217.] 

Record,  of  personal  injury  to  employees.  Eeport  of  employer  to  indus- 
trial accident  board. 
§  1.  Every  employer  of  labor  in  this  state  shall  keep  a  full,  true 
and  correct  record  of  every  personal  injury  suffered  by  his  or  its  em- 
ployees, arising  out  of  or  in  the  course  of  the  employment,  and  result- 
ing in  death,  or  in  disability  extending  over  a  period  of  a  week  or  more. 
Within  fifteen  days  after  the  happening  of  any  such  personal  injury,  a 
written  report  thereof  shall  be  mailed  by  the  employer  to  the  industrial 
accident  board  informally,  or  on  blanks  to  be  provided  by  said  board 
for  this  purpose.  The  said  report  shall  contain  the  name  of  the  employer, 
location  of  place  of  employment,  nature  of  employment,  name,  address, 
age,  nationality,  sex  and  occupation  of  the  injured  person,  length  of  time 
the  injured  person  had  worked  at  the  particular  employment  previous 
to  injury,  date  and  hour  of  the  day  or  night  of  the  accident,  the  hour 
at  which  the  injured  employee  began  work  on  the  date  of  the  accident, 
nature  of  the  injury,  cause  of  the  injury  and  rate  of  wages  of  the 
injured  employee. 

Supplemental  report.     Details  of  claim,  pasrment,  or  settlement. 

§  2.  Uj^on  the  termination  of  the  disability  of  the  injured  employee 
or  at  the  expiration  of  sixty  days  from  the  date  of  the  accident,  if  the 
disability  should  extend  beyond  such  period,  the  employer  shall  mail 
to  the  industrial  accident  board  a  supplemental  report  in  relation  to  such 
disability,  informally  or  on  blanks  to  be  provided  by  said  board  for 
this  purpose.  Such  report  must  contain  complete  statements  as  to  any 
claim  made  by  the  injured  employee  for  indemnification  for  the  injury 
sustained,  payment  made  to  him  or  in  his  behalf  for  medical,  surgical  or 
other  care,  claim  for  compensation  or  damages  made  for  such  injuries 
and  any  compromise  or  settlement  of  claim  for  compensation  or  damages 
entered  into  between  the  employer  and  such  injured  employee,  his  heirs, 
dependents  or  legal  representative.  In  the  event  that  any  payment  shall 
be  made  to  such  injured  employee,  or  his  dependents  at  any  time  there- 
after, in  compromise  or  settlement  of  a  claim  for  compensation  or  dam- 
ages, the  amount  of  such  payment  shall  be  forthwith  reported  by  the 
employer  to  the  industrial  accident  board. 


liGT  MASTER  AND  SERVANT.         Act  21Md,  §  §  3-7 

Iteport  of  attending  physician. 

§  3.  Every  physician  who  attends  any  such  injured  employee  shall 
keep  a  record  of  his  case.  Within  ten  days  from  the  date  of  his  first 
attendance  upon  the  injured  emploj-ee,  he  shall  mail  to  the  industrial 
accident  board  a  report,  informally  or  on  blanks  to  be  provided  by  the 
said  board  for  this  purpose.  The  said  report  shall  contain  the  name  and 
address  of  the  employer,  name,  address,  sex  and  age  of  the  injured  em- 
ployee, date  of  accident,  description  of  the  injury,  probable  nature  and 
extent  of  disability.  Upon  the  termination  of  the  disability  of  the 
injured  employee  or  the  termination  of  said  physician's  attendance  upon 
his  case,  he  shall  forthwith  mail  to  the  industrial  accident  board  a 
supplemental  report  in  relation  to  such  case  describing  the  physical 
condition  of  the  injured  employee,  his  disability,  convalescence  or  dis- 
charge from  the  doctor's  care. 

Report  of  insurance  or  indemnity  companies. 

§  4.  Every  person,  firm,  association  or  corporation  insuring  against 
the  liability  of  employers  for  damages  or  compensation  for  personal 
injury  to  employees  or  indemnifying  any  employer  for,  or  on  account 
of  any  such  liability  shall  keep  a  record  thereof,  and  shall  within  the 
first  five  days  of  each  and  every  month,  report  in  writing  to  the  indus- 
trial accident  board,  informally  or  on  blanks  to  be  provided  by  said 
board  for  this  purpose,  every  such  injury  to  employees  reported  to  it, 
every  claim  for  damages  or  compensation  for  such  injury  filed  with  such 
person,  firm,  association  or  corporation  and  any  settlement  or  compromise 
of  any  such  claim  for  damages  or  compensation  whether  made  with 
such   injured   employee,   his  heirs,   dependents   or  legal   representative. 

Additional  information. 

§  5.  Every  employer,  physician  or  insurance  company,  firm  or  asso- 
ciation, shall  furnish"  to  the  industrial  accident  board  all  further  infor- 
mation required  by  it  in  order  to  constitute  a  substantially  complete 
and  accurate  history  of  each  injury  and  the  damages  or  compensation 
paid  therefor. 

Use  of  records  or  reports.  .  . 

§  6.  The  record  required  to  be  kept  in  pursuance  of  the  provisions 
of  this  act  shall  at  all  times  be  open  to  inspection  of  the  industrial 
accident  board  or  any  member  thereof,  or  any  examiner  a|)i)()inted 
thereby.  Any  statement  contained  in  such  report  shall  not  be  ailmissibic 
as  evidence  in  any  action  arising  out  of  the  death  or  injury  of  any  em- 
ployee by  reason  of  the  accident  reported. 

Penalty  for  failure  to  observe  law. 

§  7.  It  shall  be  unlawful  for  any  person,  firm,  corporation,  agent  or 
oiHcer  of  a  firm  or  corporation  to  fail,  neglect  or  refuse  to  comply  with 
any  of  the  provisions  of  this  act.  Any  i^cson,  firm,  corporation  aK.-nt 
or  officer  of  a  firm  or  corporation  that  violates  or  omits  to  comply  with 


Acts  2144e,  2144f  general  laws.  1468 

any  of  the  provisions  of  this  act,  shall  be  guilty  of  a  misdemeanor  for 
each  and  every  offense  and  shall  be,  upon  conviction  thereof,  punishable 
by  fine  of  not  less  than  ten  dollars  or  more  than  one  hundred  dollars 
or  by  imprisonment  for  not  more  than  thirty  days,  or  by  both  such  fine 
and  imprisonment. 

Not  to  apply  to  certain  pursuits. 

§  8.  Nothing  in  this  act  shall  apply  to  employers  of  labor  engaged 
in  farming,  dairying,  agricultural  or  horticultural  pursuits,  in  poultry 
raising  or  domestic  service. 

ACT  21446. 

An  act  creating  an  "industrial  accident  fund"  and  appropriating  moneys 

therein. 
[Approved   May   26,    1913.     Stats.    1913,   p.   326.] 

"Industrial  accident  fund"  created. 

§  1.  There  is  hereby  created  and  established  a  fund  to  be  known  as 
the  "industrial  accident  fund"  into  which  shall  be  paid  all  fees  collected 
by  the  industrial  accident  commission  and  all  moneys  received  by  it  for 
transcripts  of  testimony,  certified  copies  of  records  and  all  other  moneys 
received  by  it  and  not  otherwise  provided  for,  which  said  fund  shall 
be  a  revolving  fund. 

§  2.  All  moneys  which  are  paid  into  the  state  treasury  for  the 
credit  of  said  fund  are  hereby  appropriated  to  be  used  by  the  industrial 
accident  commission  for  its  contingent  expenses,  and  the  controller  is 
hereby  directed  to  draw  his  warrants  on  said  fund,  from  time  to  time, 
in  favor  of  said  commission  for  the  amounts  expended  under  its  direc- 
tion for  such  purposes,  and  the  treasurer  is  hereby  authorized  and 
directed  to  pay  the  same. 

ACT  2144f. 

An  act  appropriating  moneys  in  the  "accident  prevention  fund"  for  the 
purpose  of  enforcing  and  promoting  safety  in  employment  and 
places   of   employment. 

[Approved  May  26,  1913.     Stats.  1913,  p.  325.] 

"Accident  prevention  fund"  for  enforcing  laws. 

§  1.  All  moneys  which  are  paid  into  the  state  treasury  for  the 
credit  of  the  "accident  prevention  fund"  are  hereby  appropriated  to  be 
used  by  the  industrial  accident  commission  for  the  enforcement  of  the 
laws  relative  to  safety  in  employment  and  places  of  employment  and 
for  the  promotion  of  such  safety,  and  the  controller  is  hereby  directed 
to  draw  his  warrants  on  said  fund,  from  time  to  time,  in  favor  of  the 
industrial  accident  commission  for  the  amounts  expended  under  its 
direction  for  such  purposes,  and  the  treasurer  is  hereby  authorized  and 
directed  to  pay  the  same. 


1469  MEDICINE.  Acts  2163, 2104 

TITLE  309. 

MEDICINE. 
ACT  2163. 

An    act   for    the   regulation    of   the    practice    of   medicine    and    surgerr, 
osteopathy,    and    other    systems    or   modes    of    treating   the    sick    or 
afflicted,   in  the   state   of  California,  and  for  the   appointment   of  a 
board  of  medical  examiners  in  the  matter  of  said  regulation.     [Ap- 
proved  March  14,   1907.     Stats.  1907,  p.   252.] 
Amended   1909,   p.   418;    1911,   pp.   1437,    1449. 
Repealed  June   2,    1913    (Stats.    1913,   p.    737). 
Citations.      App.   14/321. 
See  Act  2164,  post. 

ACT  2164. 

An  act  to  regulate  the  examination  of  applicants  for  license,  and  the 
practice  of  those  licensed,  to  treat  diseases,  injuries,  deformities, 
or  other  physical  or  mental  conditions  of  human  beings;  to  establish 
a  board  of  medical  examiners,  to  provide  for  their  appointment  antl 
prescribe  their  powers  and  duties,  and  to  repeal  an  act  entitled  "An 
act  for  the  regulation  of  the  practice  of  medicine  and  surgery, 
osteopathy,  and  other  systems  or  modes  of  treating  the  sick  or 
afflicted,  in  the  state  of  California,  and  for  the  appointment  of  a 
board  of  medical  examiners  in  the  matter  of  said  regulation,"  ap- 
proved March  14,  1907,  and  acts  amendatory  thereof,  and  also  to 
repeal  all  other  acts  and  parts  of  acts  in  conflict  with  this  act. 
[Approved  June  2,  1913.     Stats.  1913,  p.  722.] 

Board  of  medical  examiners  created.  Term,  Not  to  own  medical  college. 
Removal  of  members. 
§  1.  A  board  of  medical  examiners  to  consist  of  ten  members,  and 
to  be  known  as  the  "board  of  medical  examiners  of  the  state  of  Cali- 
fornia" is  hereby  created  and  established.  The  governor  shall  appoint 
the  members  of  the  board,  each  of  whom  shall  have  been  a  citizen  of 
this  state  for  at  least  five  years  next  preceding  his  apppointment.  Each 
of  the  members  shall  be  appointed  from  among  persons  who  hold  liceiiHt's 
under  any  of  the  medical  practice  acts  of  this  state.  The  governor 
sLall  fill  by  appointment  all  vacancies  on  the  board.  The  term  of  oHicc 
of  each  member  shall  be  four  years;  provided,  that  of  the  first  board 
appointed,  three  members  shall  be  appointed  for  one  year,  two  for  two 
years,  two  for  three  years  and  three  for  four  years,  and  that  thereafter 
all  appointments  shall  be  for  four  years,  except  that  appointments  to 
fill  vacancies  shall  be  for  the  unexpired  term  only.  No  person  in  any 
manner  owning  any  interest  in  any  college,  school  or  institution  engaged 
in  medical  instruction  shall  be  appointed  on  the  board,  nor  sliall  indro 
than  one  member  of  the  board  be  appointed  from  the  family  of  any 
one   university,   college,   or   other   educational   institution.     The   governor 


Act  2164,  §  2  GENERAL  LAWS.  1470 

shall  have  power  to  remove  from  office  any  member  of  the  board  for 
neglect  of  duty  required  by  this  act,  for  incompetency,  or  for  unpro- 
fessional conduct.  Each  member  of  the  board  shall,  before  entering 
upon  the   duties  of  his   office,  take  the   constitutional   oath   of   office. 

Organization  of  board.  Meetings.  Notice  of  meetings.  Reports.  Di- 
rectory of  practitioners. 
§  2.  The  board  shall  be  organized  on  or  before  the  first  Tuesday  of 
September,  1913,  by  electing  from  its  number  a  president,  vice-president, 
secretary,  and  treasurer,  who  shall  hold  their  respective  positions  during 
the  pleasure  of  the  board.  The  board  shall  hold  one  meeting  annually 
beginning  on  the  second  Tuesdaj^  in  January  in  the  city  of  Sacramento 
and  at  least  two  additional  meetings  annually,  one  of  which  shall  be  held 
in  the  city  of  Los  Angeles  and  the  other  in  the  city  of  San  Francisco, 
with  power  of  adjournment  from  time  to  time  until  its  business  is  con- 
cluded; provided,  however,  that  examinations  of  applicants  for  certifi- 
cates may,  in  the  discretion  of  the  board,  be  conducted  in  any  part  of  the 
state  designated  by  the  board.  Special  meetings  of  the  board  may  be 
held  at  such  time  and  place  as  the  board  may  designate.  Notice  of 
each  regular  or  special  meeting  shall  be  given  twice  a  week  for  two 
weeks  next  preceding  each  meeting  in  one  daily  paper  published  in  the  city 
of  San  Francisco,  one  published  in  the  city  of  Sacramento,  and  one  pub- 
lished in  the  city  of  Los  Angeles,  which  notice  shall  also  specify  the 
time  and  place  of  holding  the  examination  of  applicants.  The  board 
shall  receive  through  its  secretary  applications  for  certificates  provided 
to  be  issued  under  this  act  and  shall,  on  or  before  the  first  day  of  Janu- 
ary of  each  year,  transmit  to  the  governor  a  full  report  of  all  its  proceed- 
ings together  with  a  report  of  its  receipts  and  disbursements.  The  board 
shall,  on  or  before  the  first  day  of  January  of  each  year,  compile  a  com- 
plete directory  giving  the  addresses  of  all  persons  within  the  state  of 
California  who  hold  unrevoked  licenses  to  practice  under  any  medical 
practice  act  of  the  state  of  California,  which  license  shall  in  any  manner 
authorize  the  treatment  of  human  beings  for  diseases,  injuries,  deform- 
ities, or  any  other  physical  or  mental  conditions.  The  board  is  hereby 
authorized  to  require  said  persons  to  furnish  such  information  as  it 
may  deem  necessary  to  enable  it  to  compile  the  directory.  The  directory 
shall  contain  in  addition  to  the  names  and  addresses  of  said  persons, 
the  names  and  symbols  indicating  the  title,  name  or  names,  school  or 
schools,  which  such  person  has  attended  and  from  which  graduated, 
the  date  of  issuance  of  the  license,  the  present  residence  of  said  person 
and  a  statement  of  the  former  certificate  held.  The  director}'  shall  be 
prima  facie  evidence  of  the  right  of  the  person  or  persons  named  therein 
to  practice.  It  shall  be  the  duty  of  every  person  holding  a  license  to 
practice  under  any  medical  act  of  this  state,  or  who  may  hereafter  be  so 
licensed  to  practice,  to  report  immediately  each  and  every  change  of 
residence,  giving  both  the  old  and  the  new  address. 


1471  MEDICINE.  Act  2164,  §§  3-6 

Office  of  board. 

§  3.  ■  The  office  of  the  board  shall  be  in  the  city  of  Sacramento  and  in 
all  legal  proceedings  against  the  board  said  city  shall  be  deemed  to 
be  the  residence  of  the  members  thereof. 

Rules.     Administration  of  oaths.     Official  record. 

§  4.  The  board  may  from  time  to  time  adopt  such  rules  as  may  be 
necessary  to  enable  it  to  carry  into  effect  the  provisions  of  this  act.  It 
shall  require  the  affirmative  vote  of"  seven  members  of  said  board  to 
carry  any  motion  or  resolution,  to  adopt  any  rules,  to  pass  any  measure, 
or  to  authorize  the  issuance  of  any  certificate  as  in  this  act  provided. 
Any  member  of  the  board  may  administer  oaths  in  all  matters  pertaining 
to  the  duties  of  the  board,  and  the  board  shall  have  authority  to  take 
evidence  in  any  matter  cognizable  by  it.  The  board  shall  keep  an  official 
record  of  all  its  proceedings,  a  part  of  which  record  shall  consist  of  a 
register  of  all  applicants  for  certificates  under  this  act,  together  with 
the  action  of  the  board  upon  each  application. 

Prosecution  of  violators.     Salary  of  secretary. 

§  5.  The  board  is  authorized  to  prosecute  all  persons  guilty  of  viola- 
tion of  the  provisions  of  this  act.  It  shall  have  the  power  to  employ 
legal  counsel  for. such  purpose,  and  may  also  employ  such  clerical  as- 
sistance as  it  may  deem  necessary  to  carry  into  effect  the  provisions 
of  this  act.  The  board  may  fix  the  compensation  to  be  paid  for  such  ser- 
vice and  may  incur  such  other  expenses  as  it  may  deem  necessary.  It 
shall  also  fix  the  salary  of  the  secretary,  not  to  exceed  the  sum  of  eigh- 
teen hundred  dollars  ($1800)  per  annum,  and  the  sura  to  be  paid  to  other 
members  of  the  board,  not  to  exceed  ten  dollars  ($10)  per  diem  each, 
for  each  and  every  day  of  actual  service  in  the  discharge  of  official 
duties;  and  the  board  may,  in  its  discretion,  add  to  said  sum  necessary 
traveling  expenses. 

Report  of  receipts.     Use  of  contingent  fund.     Revolving  fund. 

§  6.  All  fees  collected  on  behalf  of  the  board  of  medical  examiners, 
and  all  receipts  of  every  kind  and  nature,  shall  be  reported  at  the 
beginning  of  each  month,  for  the  month  preceding,  to  the  state  con- 
troller, and  at  the  same  time  the  entire  amount  of  such  collections  shall 
be  paid  into  the  state  treasury,  and  shall  be  credited  to  a  fund  to  bo 
known  as  the  board  of  medical  examiners'  contingent  fund,  which  fund 
is  hereby  created.  Such  contingent  fund  shall  be  for  the  uses  of  the 
board  of  medical  examiners  and  out  of  it  shall  be  paid  all  salaries  and 
all  other  expenses  necessarily  incurred  in  carrying  into  effect  the  provi- 
sions of  this  act.  An  amount  not  to  exceed  one  thousand  dollars  ($1000) 
may  be  drawn  from  the  contingent  fund  herein  created,  to  be  used  as  a 
revolving  fund  where  cash  advances  are  necessary;  but  expenditures 
from  such  revolving  fund  must  be  substantiated  by  vouchers  and  item- 
ized statements  at  the  end  of  each  fiscal  year,  or  at  any  other  tune  when 
demand  therefor  is  made  by  the  board  of  control. 


Act  2164,  §§  7-9  GENERAL  LAWS.  1472 

Fee  of  applicant  for  certificate. 

§  7.  Every  applicant  for  a  certificate  shall  pay  to  the  secrefary  of 
the  board  a  fee  of  twenty-five  dollars  ($25),  which  shall  be  paid  to  the 
treasurer  of  the  board  by  said  secretary.  In  case  the  applicant's  cre- 
dentials are  insufficient  or  in  case  he  does  not  desire  to  take  the  exam- 
ination, the  sum  of  ten  dollars  ($10)  shall  be  retained,  the  remainder 
of  the  fee  being  returnable  on  application. 

Forms  of  certificates.     Tijcst.     SecoridL     Reciprocity  certificate. 

§  8.  Two  forms  of  certificates  shall  be  issued  by  said  board  under  the 
seal  thereof  and  signed  by  the  president  and  secretary;  first,  a  certifi- 
cate authorizing  the  holder  thereof  to  use  drugs  or  what  are  known  as 
medicinal  preparations  in  or  upon  human  beings  and  to  sever  or  pene- 
trate the  tissues  of  human  beings  and  to  use  any  and  all  other  methods 
in  the  treatment  of  diseases,  injuries,  deformities,  or  other  physical  or 
mental  conditions,  which  certificate  shall  be  designated  "physician  and 
surgeon  certificate";  second,  a  certificate  authorizing  the  holder  thereof 
to  treat  diseases,  injuries,  deformities,  or  other  physical  or  mental  con- 
ditions without  the  use  of  drugs  or  what  are  known  as  medicinal  prep- 
arations and  without  in  any  manner  severing  or  penetrating  any  of  the 
tissues  of  human  beings  except  the  severing  of  the  umbilical  cord, 
which  certificate  shall  be  designated  "drugless  practitioner  certificate." 
A  "reciprocity  certificate"  shall  also  be  issued  under  the  provisions  here- 
inafter specified.  Any  of  these  certificates  on  being  recorded  in  the 
office  of  the  county  clerk,  as  hereinafter  pro\'ided,  shall  constitute  the 
holder  thereof  a  duly  licensed  practitioner  in  accordance  with  the  pro- 
visions of  his  certificate. 

Testimonials,  diplomas,  etc.,  of  applicants  to  be  filed.  Preliminary  edu- 
cation. Work  in  physics,  chemistry  and  biology. 
§  9.  Every  applicant  must  file  with  the  board,  at  least  two  weeks 
prior  to  the  regular  meeting  thereof,  satisfactory  testimonials  of  good 
moral  character,  and  a  diploma  or  diplomas  issued  by  some  legally  char- 
tered school  or  schools  approved  by  the  board,  the  requirements  of  which 
school  or  schools  shall  have  been  at  the  time  of  granting  such  diploma 
or  diplomas  in  no  degree  less  than  those  required  under  this  act.  or  satis- 
factory evidence  of  having  possessed  such  diploma  or  diplomas,  and 
must  file  an  affidavit  stating  that  he  is  the  person  named  in  said  diploma 
or  diplomas,  and  that  he  is  the  lawful  holder  thereof,  and  that  the  same 
was  procured  in  the  regular  course  of  instruction  and  examination  with- 
out fraud  or  misrepresentation;  provided,  that  in  addition  thereto,  each 
applicant  for  a  "physician  and  surgeon  certificate"  must  show  that  he 
has  attended  four  courses  of  study,  each  such  course  to  have  been  of 
not  less  than  thirty-two  weeks'  duration,  but  not  necessarily  pursued 
continuously  or  consecutively,  and  that  at  least  ten  months  shall  have 
intervened  between  the  beginning  of  any  course  and  the  beginning  of 
the  preceding  course;  provided,  further^  that  an  applicant  for  a  "drug 


1473  MEDICINE.  Act  2164,  §  10 

less  practitioner  certificate"  must  show  that  he  has  attended  two  courses 
of  study,  each  such  course  to  have  been  of  not  less  than  thirty-two  weeks' 
duration,  but  not  necessarily  pursued  continuously  or  consecutively,  and 
that  at  least  ten  months  shall  have  intervened  between  the  beginning  of 
any  course  and  the  beginning  of  the  preceding  course;  provided,  also, 
that  before  July  1,  1918,  in  lieu  of  the  diploma  or  diplomas  and  pre- 
liminary requirements  herein  referred  to  where  the  applicant  can  show 
to  the  satisfaction  of  the  board  of  medical  examiners  that  he  has  taken 
courses  hereinafter  required  in  a  school  or  schools  approved  by  the  board 
totaling  for  applicants  for  "drugless  practitioner  certificates"  not  less 
tlian  sixty-four  weeks  consisting  of  not  less  than  twenty-four  hundred 
lionrs  and  for  "physician  and  surgeon  certificates"  totaling  not  less  than 
one  hundred  twenty-eight  weeks  consisting  of  not  less  than  forty-eight 
Inindred  hours,  it  being  required  that  all  applicants  shall  have  received 
]>  issing  grades  in  all  such  courses,  that  the  applicant  or  applicants  shall 
be  admitted  to  examination  for  their  respective  form  of  certificates. 

The  said  application  shall  be  made  upon  a  blank  furnished  by  said 
board  and  it  shall  contain  such  information  concerning  the  medical  in- 
struction and  the  preliminary  education  of  the  applicant  as  the  board 
may  by  rule  prescribe.  In  addition  to  the  requirements  hereinabove 
]>rovided  for,  applicants  for  either  form  of  certificate  hereunder  shall 
present  to  said  board  at  the  time  of  mailing  such  application  a  diploma 
from  a  California  high  school  or  other  school  in  the  state  of  California 
requiring  and  giving  a  full  four  years'  course  of  same  grade,  or  other 
scliools  elsewhere,  requiring  and  giving  a  full  four  years'  standard  high 
school  course,  or  its  equivalent,  approved  by  the  board,  together  with 
satisfactory  proof  that  he  is  the  lawful  holder  of  such  diploma  and  that 
the  same  was  procured  in  the  regular  course  of  instruction.  In  lieu  of 
such  diploma,  the  applicant  may  present:  (1)  a  certificate  from  the  col- 
lege entrance  examination  board,  or  the  college  examining  board  of  any 
state  or  territory  showing  that  such  applicant  has  successfully  passed  the 
examination  of  said  board;  or  (2)  if  such  applicant  be  thirty  years  or 
more  of  age  he  may  show  to  the  satisfaction  of  the  board  of  medical 
examiners  proof  of  preliminary  education  equivalent  in  training  power 
to  the  foregoing  requirements.  After  January  1,  1919,  every  applicant 
for  a  "physician  and  surgeon  certificate"  shall  in  addition  to  the  fore- 
going requirements,  present  to  the  board  satisfactory  evidence  that  before 
beginning  the  study  of  medicine  he  has  completed  a  course  which  in- 
cludes at  least  one  year  of  work,  of  college  grade,  in  each  of  the  subjects 
of  physics,  chemistry  and  biology. 

Course  of  instruction. 

§  10.     Apj)licants  for  either  form  of  certificate  shall   file  satisfactory 
evidence   of  having   pursued   in   any  legally   chartered   school   or  schools, 
approved  by  the  board,  a   course   of  instruction  covering  and  including 
the  following  minimum  requirements: 
93 


Act  2164,  §  10                          GHNERAli  LAWS.  1474 

For  a  "Physician   and   Surgeon   Certificate." 

Group   1.     825  hours. 

Anatomy   600  hours 

Embryology   75  hours 

Histology 150  hours 

Group  2.     620  hours. 

Elementary  chemistry  and   toxicology   140  hours 

Advanced  chemistry 180  hours 

Physiology 300  hours 

Group  3.     700  hours. 

Elementary  bacteriology    60  hours 

Advanced  bacteriology'   100  hours 

Hygiene 90  hours 

Pathology 450  hours 

Group  4.     240  hours. 

Materia  mediea 80  hours 

Pharmacology    105  hours 

Therapeutics 55  hours 

Group  5.     1120  hours. 

Dermatology  and  syphilis 45  hours 

General  medicine  and  general  diagnosis 700  hours 

Genitourinary  diseases 45  hours 

Nervous  and  mental  diseases 180  hours 

Pediatries 150  hours 

Group  6.     965  hours. 

Laryngology,  otology,  rhinology 60  hours 

Opthalmology 60  hours 

Surgery  and  surgical  diagnosis 500  hours 

Orthopedic  surgery 45  hours 

Physical     therapy,    including    electrotherapy,    X-ray, 

radiography,  hj'drotherapy 300  hours 

Group  7.     300  hours. 

Gynecology 105  hours 

Obstetrics 195  hours 

Miscellaneous.     30  hours. 

Ethics,  jurisprudence,  etc 30  hours 

Total 4,800  hours 

Dnigless  practitioners. 

For  a  "Drugless  Practitioner   Certificate." 

Group  1.     645  hours. 

Anatomy   510  hours 

Histology    135  ho^l^s 


1475  MEDICINE.  Act  2164,  §  11 

Group  2.     420  hours. 

Elementary  chemistry  and  toxicology 120  hours 

Physiology 300  hours 

Group  3.     375  hours. 

Elementary  bacteriology   60  hours 

Hygiene   4o  hours 

Pathology   270  hours 

Group   4.     420   hours. 

Diagnosis    420  hours 

Group  5.     260  hours. 

Manipulative  and  mechanical  therapy 260  hours 

Group  6.     300   hours.  ■'•   !<;   ■ 

Gjmecology 105  hours 

Obstetrics   195  hours 

Total    2,400  hours 

In  the  course  of  study  herein  outlined  the  hours  required  shall  be 
actual  work  in  the  class-room,  laboratory,  clinic  or  hospital,  and  at  least 
eighty  (80)  per  cent  of  actual  attendance  shall  be  required;  provided, 
that  the  hours  herein  required  in  any  one  subject  need  not  exceed 
seventy-five  (75)  per  cent  of  the  numlaer  specified,  but  that  the  total 
number  of  hours  in  all  the  subjects  of  each  group  shall  not  be  less  than 
the  total  number  specified  for  such  group. 

Additional  requirements  for  physicians, 

§  11.  In  addition  to  above  requirements,  all  applicants  for  "physician 
and  surgeon  certificates"  must  pass  an  examination  to  be  given  by  the 
board  in  the  following  subjects: 

1.  Anatomy  and   histology. 

2.  Physiology. 

3.  Bacteriology  and  pathology. 

4.  Chemistry  and  toxicology. 

5.  Obstetrics  and  gynecology. 

6.  Materia    medica    and   therapeutics,   pharmacology,    including   pre- 

scription  writing. 

7.  General  medicine,   including  clinical   microscopy. 

8.  Surgery. 

9.  Hygiene  and  sanitation. 

For  drugless  piactitioners. 

All  applicants  for  "drugless  practitioner  certificates"  must  pass  an 
examination  in  the  following  subjects: 

1.  Anatomy   and  histology, 

2.  Physiology, 

3.  General  diagnosis, 


Act  2164,  §  12  GENERAL   LAWS.  1476 

4.  Pathology  and  elementary  bacteriology, 

5.  Obstetrics  and  gynecology, 

6.  Toxicology  and  elementary  chemistry, 

7.  Hygiene   and   sanitation; 

provided,  that  a  person  who  holds  a  "drugless  practitioner  certificate," 
and  who  presents  evidence"  of  having  successfully  completed  the  addi- 
tional courses  required  for  the  "physician  and  surgeon  certificate"  as 
hereinbefore  provided,  shall  be  permitted  to  take  his  examination  in  sub- 
jects required  for  a  "physician  and  surgeon  certificate"  without  being 
re-examined   in  "drugless  practitioner"  subjects. 

Character  of  examinations.  General  average.  Papers  kept  on  file.  Ques- 
tions.    Form  of  certificates. 

All  examinations  shall  be  practical  in  character  and  designed  to  ascer- 
tain the  applicant's  fitness  to  practice  his  profession,  and  shall  be  con- 
ducted in  the  English  language,  and  at  least  a  portion  of  the  examina- 
tion in  each  of  the  subjects  shall  be  in  writing.  There  shall  be  at  least 
ten  questions  on  each  .subject,  the  answers  to  which  shall  be  marked  on 
a  scale  of  zero  to  one  hundred.  Each  applicant  must  obtain  not  less 
than  a  general  average  of  seventy-five  per  cent,  and  not  less  than  sixty 
per  cent  in  any  two  subjects;  provided,  that  any  applicant  shall  be 
granted  a  credit  of  one  per  cent  upon  the  general  average  for  each  year 
of  actual  practice  since  graduation;  provided,  further,  that  any  applicant 
for  "physician  and  surgeon  certificate"  obtaining  seventy-five  (7.5)  per 
cent  each  in  seven  subjects,  and  any  applicant  for  "drugless  practitioner 
certificate"  obtaining  seventy-five  per  cent  each  in  five  subjects  shall  be 
subsequently  re-examined  in  those  subjects  only  in  which  he  failed,  and 
without  additional  fee. 

The  examination  papers  shall  form  a  part  of  the  records  of  the  board, 
and  shall  be  kept  on  file  by  the  secretary  for  a  period  of  one  year  after 
each  examination.  In  said  examination  the  applicant  shall  be  known 
and  designated  by  number  only,  and  the  name  attached  to  the  number 
shall  be  kept  secret  until  after  the  board  has  finally  voted  upon  the 
application.  The  secretary  of  the  board  shall  in  no  instance  participate 
as  an  examiner  in  any  examination  held  by  the  board-  All  questions 
on  any  subject  in  which  examination  is  required  under  this  act  shall  be 
provided  by  the  board  of  medical  examiners  upon  the  morning  of  the 
day  upon  which  examination  is  given  in  such  subject,  and  when  it  shall 
be  shown  that  the  secretary  or  any  member  of  the  board  has  in  any 
manner  given  information  in  advance  of  or  during  examination  to  any 
applicant  it  shall  be  the  duty  of  the  governor  to  remove  such  person 
from  the  board  of  medical  examiners,  or  from  the  ofiice  of  secretary. 

All  certificates  issued  hereunder  must  state  the  extent  and  character  of 
practice  which  is  permitted  thereunder  and  shall  be  in  such  form  as  shall 
be  prescribed  by  the  board. 

Array  and  navy  surgeons  authorized  to  practice.     Fee. 

§  12.  Any  medical  <lirector,  medical  inspector,  passed  assistant  sur- 
geon,  or  assistant   surgeon   of   the   United   States   navy,   honorably   dis- 


1477  MEDICINE.  Act  2164.  §  13 

charged,  or  temporarily  detached,  or  placed  upon  the  retired  list  without 
being  discharged,  from  the  medical  department  of  the  United  States 
navy,  or  who  by  resignation  has  honorably  severed  all  connection  with 
the  service,  and  any  surgeon  of  the  United  States  armv.  honorably  dis- 
charged, or  temporarily  detached  or  placed  upon  the  retired  list  without 
being  discharged  from  the  medical  department  of  the  United  States 
army,  or  who  by  resignation  has  honorably  severed  all  connection  with 
the  service,  is  hereby  authorized  to  practice  medicine  and  surgery  within 
the  state  of  California,  by  filing  a  sworn  copy  of  his  discharge,  if  he 
be  discharged,  or  of  the  order  temporarily  detaching  him  or  the  order 
placing  him  upon  the  retired  list,  with  the  state  board  of  medical  examin- 
ers or  by  proving  to  the  satisfaction  of  the  board  that  by  resignation 
he  has  honorably  left  the  services  of  either  the  army  or  navy,  and 
paying  said  board  a  fee  of  fifty  dollars  ($50);  provided,  however,  that 
this  provision  shall  not  apply  to  any  contract  surgeon  in  the  United 
States  army  or  navy,  and  shall  not  apply  to  any  officer  of  medical  reserve 
corps  of  either  said  army  or  navy. 

Certifi^cates  to  applicants  licensed  to  practice.  Issued  prior  to  August, 
1901.  Practitioners  in  other  states.  Examination.  Fee. 
§  13.  Said  board  must  also  issue  a  "physician  and  surgeon  certificate"' 
to  any  applicant,  without  any  examination,  autliori/.ing  the  holder 
thereof  to  practice  medicine  and  surgery  in  the  state  of  California,  upon 
payment  of  a  registration  fee  of  fifty  dollars  ($50),  upon  the  following 
terms  and  conditions  and  upon  satisfactory  proof  tliereof,  viz.:  The  ap])li- 
cant  shall  produce  a  certificate  entitling  him  to  practice  medicine  and 
surgery,  as  provided  for  in  said  "physician  and  surgeon  certificate,"  issued 
either  by  the  medical  examining  board,  or  by  any  other  board  or  officer 
authorized  by  the  law  to  issue  a  certificate  entitling  such  applicant  to 
practice  medicine  and  surgery,  either  in  the  District  of  Columbia,  or 
in  any  state  or  territory  of  the  United  States,  or  if  such  certificate  shall 
have  been  lost,  then  a  copy  thereof,  with  proof  satisfactory  to  the  board 
of  medical  examiners  of  the  state  of  California  that  the  copy  is  a  cor- 
rect copy.  Said  certificate  must  not  have  been  issued  to  such  applicant 
prior  to  the  first  day  of  August,  1901,  and  the  requirements  from  the 
medical  college  from  which  such  applicant  may  have  graduated,  and  the 
requirements  of  the  board  which  was  legally  authorized  to  issue  such 
certificate  permitting  such  applicant  to  practice  medicine  and  surgery 
shall  not  have  been,  at  the  time  such  certificate  was  issued,  in  any 
degree  or  particular  less  than  those  which  were  required  for  the  issuance 
of  a  certificate  to  practice  medicine  and  surgery  in  the  state  of  California 
at  the  date  of  .he  issuance  of  such  certificate,  or  which  may  hereafter 
be  required  by  law  and  which  may  be  in  force  at  the  time  of  the  issuance 
of  any  such  certificate;  and  provided,  further,  that  said  applicant  shall 
also  furnish  from  the  board  which  issued  said  certificate,  evidence  satis 
factory  to  the  board  of  medical  examiners  of  the  slate  of  California, 
showing  what  the  requirements  were  of  the  college,  or  board,  isiimng  such 
certificate,   at   the    date    of   such    issuance.      U,   afler   an   examination    of 


Act  2164,  §  13  GENERAL   LAWS.  1478 

such  certificate,  and  the  production  on  the  part  of  the  applicant  of  such 
further  reasonable  evidence  of  the  said  requirements  as  may  be  deemed 
necessary  by  the  board  of  medical  examiners  of  the  state  of  California, 
and  any  other  or  further  examination  or  investigation  which  said  board 
may  see  fit  to  make,  on  its  own  part,  it  shall  be  found  that  the  require- 
ments of  the  board  issuing  such  certificate  were,  when  said  certificate 
was  issued,  in  any  degree  or  particular  less  than  the  requirements  pro- 
vided by  the  laws  of  the  state  of  California,  at  the  date  of  the  issuance 
of  such  certificate,  he  will  not  be  entitled  to  practice  within  the  state 
of  California  without  an  examination.  Any  person  may  file  an  applica- 
tion with  the  said  board  to  practice  medicine  and  surgery  within  the 
state  of  California,  in  the  event  that  such  applicant  has  been  duly 
licensed  prior  to  August  1,  1901,  and  has  practiced  medicine  and  surgery 
in  another  state  or  territory,  or  in  the  District  of  Columbia,  for  a  period 
of  time  commencing  prior  to  the  first  day  of  August,  1901.  Such  appli- 
cation shall  be  verified  and  shall  contain  a  statement  showing:  (a)  the 
full  name  of  the  applicant;  (b)  all  institutions  at  which  he  has  studied 
and  the  period  of  such  study,  and  all  institutions  from  which  he  has 
graduated;  (c)  a  statement  of  whatever  certificate  or  certificates  to 
practice  medicine  and  surgery  maj'  have  been  issued  to  him,  together 
with  the  date  of  such  certificate  and  a  description  of  the  same,  and, 
if  required  by  the  board,  the  certificates  themselves,  or  satisfactory 
proof  of  their  issuance;  (d)  a  statement  of  all  places  in  which  said 
applicant  has  practiced  medicine  and  surgery;  (e)  such  other  general 
information  as  to  his  past  practice,  as  may  be  required  by  the  said  board. 
The  said  board  shall  make  such  independent  investigation  of  the  char- 
acter, ability  and  standing  of  the  applicant  as  it  may  deem  proper  and 
necessary,  and  if  it  shall  find  after  such  investigation  that  said  appli- 
cant has  been  a  practicing  physician  and  surgeon  in  any  other  state 
or  territory  or  the  District  of  Columbia,  prior  to  August  1,  1901,  and 
prior  to  said  last-named  date  has  been  duly  licensed  so  to  practice,  and 
that  his  reputation  as  such  physician  and  surgeon  is  good  in  the  com- 
munity in  which  he  has  so  practiced  medicine  and  surgery,  they  shall 
afford  him  an  examination  on  a  day  suiting  the  convenience  of  the 
board  not  more  than  six  (6)  months  subsequent  to  the  presentation  of 
said  application.  Said  examination  shall  be  oral,  practical,  and  clinical 
in  nature,  and  full  consideration  shall  be  given  to  the  duration  and 
character  of  the  applicant's  practice.  If,  after  such  last-mentioned 
examination  it  is  determined  by  a  majority  vote  of  the  said  medical 
examiners  conducting  said  examination,  that  such  applicant  is  so  quali- 
fied to  practice  medicine  and  surgery  within  the  state  of  California,  and 
that  his  reputation  and  standing  in  the  community  in  which  he  has 
previously  practiced  is  good,  the  said  applicant  shall  be  entitled  to  re- 
ceive a  "physician  and  surgeon  certificate."  Each  applicant  on  making 
such  application  shall  pay  to  the  secretary  of  the  board,  a  fee  of  fifty 
dollars  ($50),  which  shall  be  paid  to  the  treasurer  of  the  board,  of 
which  sum  forty  dollars    ($10)   shall  be  returned  to  him  should   he  not 


1479  MEDICINE.  Act  2164,  §  14 

receive  a  certificate  hereunder.     All  certificates  issued  pursuant  to  this 
section  shall  be  marked  across  the  face  thereof  "reciprocity  certificate." 

Refusal  of  certificate  for  unprofessional  conduct.  Charges  and  procedure. 
Eevocation  of  certificate  for  unprofessional  conduct. 
§  14.  Said  board  must  refuse  a  certificate  to  any  applicant  guilty  of 
unprofessional  conduct.  On  the  filing  with  the  secretary  of  a  sworn 
complaint,  charging  the  applicant  with  having  been  guilty  of  unjirofes- 
sional  conduct,  the  secretary  must  forthwith  issue  a  citation,  under  the 
seal  of  the  board,  and  make  the  same  returnable  at  the  next  regular  ses- 
sion of  said  board,  occurring  at  least  thirty  days  next  after  filing  the 
complaint.  Such  citation  shall  notify  the  applicant  when  and  where  the 
charges  of  said  unprofessional  conduct  will  be  heard,  and  that  the  appli- 
cant shall  file  his  written  answer,  under  oath,  within  twenty  days  next 
after  the  service  on  him  of  said  citation,  or  that  default  will  be  taken 
against  him  and  his  application  for  a  certificate  refused.  The  attend- 
ance of  witnesses  at  such  hearing  may  be  compelled  by  subpoenas  issued 
by  the  secretary  of  the  board  under  its  seal.  Said  citation  and  said  sub- 
poenas shall  be  served  in  accordance  with  the  statutes  of  this  state  then 
in  force  as  to  the  service  of  citations  and  subpoenas  generally',  and  all 
the  provisions  of  the  statutes  of  this  state  then  in  force  relating  to  sub- 
poenas and  to  citations  are  hereby  made  applicable  to  the  subpoenas  and 
citations  provided  for  herein.  Upon  the  secretary's  certifying  to  the  fact 
of  refusal  of  any  person  to  obey  a  subpoena  or  citation  to  the  superior 
court  of  the  county  in  which  the  service  was  had,  said  court  shall  there- 
upon proceed  to  hear  said  matter  in  accordance  with  the  statutes  of  this 
state  then  in  force  as  to  contempts  for  disobedience  of  process  of  the 
court,  and  should  said  court  find  that  the  subpoena  or  citation  has  been 
legally  served,  and  that  the  party  so  served  has  willfully  disobeyed  the 
same,  it  shall  proceed  to  impose  such  penalty  as  provided  in  cases  of  con- 
tempt of  court.  In  all  cases  of  alleged  unprofessional  conduct  arising 
under  this  act,  depositions  of  witnesses  may  be  taken,  the  same  as  in 
civil  cases,  and  all  the  provisions  of  the  statutes  of  this  state  then  in 
force  as  to  the  taking  of  depositions  are  hereby  made  applicable  to  the 
taking  of  depositions  under  this  act.  If  the  applicant  shall  fail  to  file 
with  the  secretary  of  said  board  his  answer,  under  oath,  within  twenty 
days  after  service  on  him  of  said  citation,  or  within  such  further  time 
as  "the  board  may  allow,  and  the  charges  on  their  face  shall  be  deemed 
sufficient  by  the  board,  default  shall  be  entered  against  him,  and  liis 
application  refused.  If  the  charges  on  their  face  be  deemed  sufiicient  by 
the  board,  and  issue  be  joined  thereon  by  answer,  the  board  shall  proceed 
to  determine  the  matter,  and  to  that  end  shall  hear  such  proper  evidence 
as  mav  be  adduced  before  it;  and  if  it  appear  to  the  satisfaction  of  the 
board'that  the  applicant  is  guilty  as  charged,  no  certific-atc  shall  be  issuctl 
to  him.  No  certificate  shall  be  refused  on  the  ground  of  unprofesBional 
conduct  unless  the  applicant  has  been  guilty  of  such  conduct  witiiin  two 
years  next  preceding  his  application.     Whenever  any  holder  of  a  certin- 


Act  2164,  §  14  GENERAL  LAWS.  1480 

cate  herein  provided  for  is  guilty  of  unprofessional  conduct,  as  the  same 
is  defined  in  this  act,  and  the  said  unprofessional  conduct  has  been 
brought  to  the  attention  of  the  board  granting  said  certificate,  in  the 
manner  hereinafter  provided,  or  whenever  a  certificate  has  been  procured 
by  fraud  or  misrepresentation,  or  issued  by  mistake,  or  the  person  hold- 
ing such  certificate  is  found  to  be  practicing  contrary  to  the  provisions 
thereof  and  of  this  act,  it  shall  be  the  duty  of  said  board  either  to  sus- 
pend the  right  of  the  holder  of  said  certificate  to  practice  for  a  period 
not  exceeding  one  year,  or  in  its  discretion  to  revoke  his  certificate.  In 
the  event  of  such  suspension,  the  holder  of  such  certificate  shall  not  be 
entitled  to  practice  thereunder  during  the  term  of  suspension;  but,  upon 
the  expiration  of  the  term  of  said  suspension,  he  shall  be  reinstated  by 
the  board  and  shall  be  entitled  to  resume  his  practice,  unless  it  shall  be 
established  to  the  satisfaction  of  the  board  that  said  person  so  suspended 
from  practice,  has,  during  the  term  of  such  suspension,  practiced  in  the 
state  of  California,  in  which  event  the  board  shall  revoke  the  certificate 
of  such  person.  No  such  suspension  or  revocation  shall  be  made  unless 
such  holder  is  cited  to  appear  and  the  same  proceedings  are  had  as  is 
hereinbefore  provided  in  this  section  in  case  of  refusal  to  issue  certifi- 
cates. Said  secretary  in  all  cases  of  suspension  or  revocation  shall  enter 
on  his  register  the  fact  of  such  suspension  or  revocation,  as  the  case  may 
be,  and  shall  certify  the  fact  of  such  suspension  or  revocation  under  the 
seal  of  the  board,  to  the  county  clerk  of  the  counties  in  which  the  cer- 
tificates of  the  person  whose  certificate  has  been  revoked  is  recorded; 
and  said  clerk  must  thereupon  write  upon  the  margin  or  across  the  face 
of   his   register   of   the   certificate   of   such   person,   the   following:    "The 

holder  of  this  certificate  was  on  the day  of suspended  for ," 

or,  "This  certificate  was  revoked  on  the  day  of  ,"  as  the  case 

may  be,  giving  the  day,  month,  and  year  of  such  revocation,  or  length 
of  suspension,  as  the  case  may  be,  in  accordance  with  said  certification 
to  him  by  said  secretary.  The  record  of  such  suspension  or  revocation 
so  made  by  said  county  clerk  shall  be  prima  facie  evidence  of  the  fact 
thereof,  and  of  the  regularity  of  all  the  proceedings  of  said  board  in  the 
matter  of  said  suspension  of  revocation.  The  words  "unprofessional  con- 
duct," as  used  in  this  act,  are  hereby  declared  to  mean: 

First — The  procuring  or  aiding  or  abetting  in  procuring  of  a  criminal 
abortion. 

Second — The  willfully  betraying  of  a  professional  secret. 

Third — All  advertising  of  medical  business  which  is  intended  or  has  a 
tendency  to  deceive  the  public  or  impose  upon  credulous  or  ignorant  per- 
sons, and  so  be  harmful  or  injurious  to  public  morals  or  safety. 

Fourth— All  advertising  of  any  medicine  or  of  any  means  whereby  the 
monthly  periods  of  women  can  be  regulated  or  the  menses  re-established 
if  suppressed. 

Fifth — Conviction  of  any  offense  involving  moral  turpitude,  in  which 
case  the  record  of  such  conviction  shall  be  conclusive  evidence. 

Siy-th — Habitual  intemperance. 


1481  MEDICINE.  Act  2164,  §§  15, 16 

Seventh — The  personation  of  another  licensed  practitioner. 

Eighth — The  use,  by  the  holder  of  any  certificate,  in  any  sign  or  adver- 
tisement in  connection  with  his  said  practice,  or  in  any  advertisement  or 
announcement  of  his  practice,  of  any  fictitious  name,  or  any  name  other 
than  his  own. 

Ninth — The  use,  by  the  holder  of  a  "drugless  practitioner  certificate," 
of  drugs  or  what  are  known  as  medicinal  preparations,  in  or  upon  any 
human  being,  or  the  severing  or  penetrating  by  the  holder  of  said  "drug- 
less  practitioner  certificate"  of  the  tissues  of  any  human  being  in  the 
treatment  of  any  disease,  injury,  deformity,  or  other  physical  or  mental 
condition  of  such  human  being,  excepting  the  severing  of  the  umbilical 
cord. 

Tenth — Advertising,  announcing  or  stating,  directly,  indirectly,  or  in 
substance,  by  any  sign,  card,  newspaper  advertisement,  or  other  written 
or  printed  sign  or  advertisement,  that  the  holder  of  such  certificate  or 
any  other  person,  company,  or  association  by  which  he  is  employed  or 
in  whose  service  he  is,  will  cure  or  attempt  to  cure,  or  will  treat,  any 
venereal  disease,  or  will  cure  or  attempt  to  cure  or  treat  any  person  or 
persons  for  any  sexual  disease,  for  lost  manhood,  sexual  weakness,  or 
sexual  disorder;  or  being  employed  by,  or  being  in  the  service  of,  any 
person,  firm,  association,  or  corporation  so  advertising,  announcing,  or 
stating. 

Eleventh — The  use  by  the  holder  of  a  "drugless  practitioner  certifi- 
cate" of  the  letters  "M.  D.,"  or  the  words  "doctor  of  medicine,"  or  the 
term  "physician  and  surgeon,"  or  the  term  "physician,"  or  the  term  "sur- 
geon," in  connection  w-ith  his  name  or  in  connection  with  his  practice, 
or  otherwise,  upon  any  sign,  card,  advertisement,  or  announcement,  or 
otherwise. 

Certificates  to  be  recorded. 

§  15.  Every  person  holding  a  certificate  under  the  laws  of  this  state 
authorizing  him  to  practice  any  system  or  mode  of  treating  the  sick  or 
afflicted  in  this  state  must  have  i't  recorded  in  the  office  of  tlie  county 
clerk  of  the  county  or  counties  in  which  the  holder  of  said  certificate  is 
practicing  his  profession,  and  the  fact  of  such  recordation  shall  be  in- 
dorsed on  the  certificate  bv  the  county  clerk  recording  the  same.  Any 
person  holding  a  certificate  as  aforesaid,  who  shall  practice  or  attenipt 
to  practice  any  other  svstem  or  mode  of  treating  the  sick  or  nmictcd  in 
this  state,  without  having  first  filed  his  certificate  with  the  county  c  erk, 
as  herein  provided,  shall  be  deemed  guilty  of  a  misdemeanor  and  shall  be 
punished  by  a  fine  of  not  less  than  twenty-five  dollars  ($2.))  nor  more 
than  one  hundred  dollars  ($100),  or  by  imprisonment  for  a  period  of  not 
less  than  thirty  days  nor  more  than  sixty  days,  or  by  both  such  fine  and 
imprisonment. 

County  clerk's  record  of  certificates.  . ,    ,  ,      ,u 

§  16.  The  countv  clerk  shall  keep  [inl  a  1^""^  provided  for  the  pur- 
pose a  complete  list   of  the  certificates  recorded  by   h.m,   with   the  date 


Act  216-1,  §§  17,  18  GENERAL   LAWS.  1482 

of  the  record;   and  said  book  shall  be  open  to  public  inspection  during 
his  office  hours. 

Penalties. 

§  17.  Any  person  who  shall  practice  or  attempt  to  practice,  or  who 
adv'ertises  or  holds  himself  out  as  practicing,  any  system  or  mode  of 
treating  the  sick  or  afflicted  in  this  state,  or  who  shall  diagnose,  treat, 
operate  for,  or  prescribe  for,  any  disease,  injury,  deformity,  or  other 
mental  or  physical  condition  of  any  person,  without  having  at  the  time 
of  so  doing  a  valid  unrevoked  certificate  as  provided  in  this  act,  or  who 
shall  in  any  sign  or  in  any  advertisement  use  the  word  "doctor,"  the 
letters  or  prefix  "Dr.,"  the  letters  "M.  D.,"  or  any  other  terms  or  letters 
indicating  or  implying  that  he  is  a  doctor  under  the  terms  of  this  or  any 
other  act,  or  that  he  is  entitled  to  practice  hereunder,  or  under  any  other 
law,  without  having  at  the  time  of  so  doing  a  valid  unrevoked  certificate 
as  provided  in  this  act  shall  be  guilty  of  a  misdemeanor  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  of  not  less  than  one  hundred 
dollars  ($100)  nor  more  than  six  hundred  dollars  ($600),  or  by  imprison- 
ment for  a  term  of  not  less  than  sixty  (60)  days  nor  more  than  one  hun- 
dred and  eighty  (180)  days,  or  by  both  such  fine  and  imprisonment. 
Upon  each  such  conviction  the  fine  shall  be  paid,  when  collected,  to  the 
state  treasurer,  and  a  report  thereof  shall  be  made  to  the  state  controller. 

Penalty  for  selling  certificate,  etc.    Assuming  degree. 

§  18.  Any  person,  or  any  member  of  any  firm,  or  official  of  any  com- 
pany, association,  organization  or  corporation  shall  be  guilty  of  a  misde- 
meanor and  upon  conviction  thereof  shall  be  punishable  by  imprisonment 
in  the  county  jail  for  not  less  than  ten  (10)  days  nor  more  than  one  (1) 
year,  or  by  a  fine  of  not  less  than  one  hundred  dollars  ($100)  nor  more 
than  one  thousand  dollars  ($1,000),  or  by  both  such  fine  and  imprison- 
ment, who,  individually  or  in  his  official  capacity,  shall  himself  sell  or 
barter,  or  offer  to  sell  or  barter,  any  certificate  authorized  to  be  granted 
hereunder,  or  any  diploma,  affidavit,  transcript,  certificate  or  anj-  other 
evidence  required  in  this  act  for  use  in  connection  with  the  granting  of 
certificates  or  diplomas,  or  who  shall  purchase  or  procure  the  same  either 
directly  or  indirectly  with  intent  that  the  same  shall  be  fraudulently 
used,  or  who  shall  with  fraudulent  intent  alter  any  diploma,  certificate, 
transcript,  affidavit,  or  any  other  evidence  to  be  used  in  obtaining  a 
diploma  or  certificate  required  hereunder,  or  who  shall  use  or  attempt  to 
use  fraudulently  any  certificate,  transcript,  affidavit,  or  diploma,  whether 
the  same  be  genuine  or  false,  or  who  shall  practice  or  attempt  to  prac- 
tice any  system  of  treatment  of  the  sick  or  afflicted,  under  a  false  or 
assumed  name,  or  any  name  other  than  that  prescribed  by  the  board  of 
medical  examiners  of  the  state  of  California  on  its  certificate  issued  to 
such  person  authorizing  him  to  administer  such  treatment,  or  who  shall 
assume  any  degree  or  title  not  conferred  upon  him  in  the  manner  and 
by  the  authority  recognized  in  this  act,  with  intent  to  represent  falsely 


1483  MEDICINE.  Act  2164,  §§  19-22 

that  he  has  received  such  degree  or  title,  or  who  shall  willfully  make  any 
false  statement  or  any  application  for  examination,  license  or  registra- 
tion under  this  act,  or  who  shall  engage  in  the  treatment  of  the  sick,  or 
afflicted  without  causing  to  be  displayed  in  a  conspicuous  manner  and  in 
a  conspicuous  place  in  his  office  the  name  of  each  and  every  person  who 
is  associated  with  or  employed  by  him  in  the  practice  of  medicine  and 
surgery  or  other  treatment  of  the  sick  or  afflicted,  or  who  shall,  within 
ten  days  after  demand  made  by  the  secretary  of  the  board,  fail  to  fur- 
nish to  said  board  the  name  and  address  of  all  such  persons  associated 
with  or  employed  by  him  or  by  any  company  or  association  with  which 
he  is  or  has  been  connected  at  any  time  within  sixty  (60)  days  prior  to 
said  notice,  together  with  a  sworn  statement  showing  under  and  by  what 
license  or  authority  said  person  or  persons,  or  said  employee  or  employees, 
is  or  are,  or  has  or  have  been,  practicing  medicine  or  surgery,  or  any 
other  system  of  treatment  of  the  sick  or  afflicted  (provided  that  such 
affidavit  shall  not  be  used  as  evidence  against  said  person  or  employee 
in  any  proceeding  under  this  section). 

Filing  false  certificate,  felony. 

§  19.  Every  person  filing  for  record,  or  attempting  to  file  for  record, 
the  certificate  issued  to  another,  falsely  claiming  himself  to  be  the  person 
named  in  or  entitled  to,  such  certificate,  shall  be  guilty  of  a  felony,  and, 
upon  conviction  thereof,  shall  be  subject  to  such  penalties  as  are  pro- 
vided by  the  laws  of  this  state  for  the  crime  of  forgery. 

Impersonating  member  of  board. 

§  20.  Any  person  not  a  member  of  the  state  board  of  medical  ex- 
aminers who  shall  sign,  or  issue,  or  cause  to  be  signed  or  issued,  any 
certificate  authorized  by  this  act,  shall  be  guilty  of  a  misdemeanor,  and 
shall  be  punished  by  a' fine  of  not  less  than  one  hundred  dollars  ($100) 
nor  more  than  six  hundred  ($600),  or  by  imprisonment  for  a  term  not 
less  than  sixty  (60)  nor  more  than  one  hundred  and  eighty  (ISO)  days, 
or  by  both  such  fine  and  imprisonment. 

Certificates  heretofore  issued  not  revoked. 

§  21.  Nothing  in  this  act  shall  be  construed  to  prohibit  the  prnctico 
by  any  person  holding  an  unrevoked  certificate  heretofore  issued  under 
or  validated  by  any  medical  practice  act  of  this  state,  but  ail  such  certifi- 
cates may  be  revoked  for  unprofessional  conduct  in  the  same  mannor 
and  upon  the  same  grounds  as  if  they  had  been  issued  under  this  act. 

Emergency  service  not  prohibited. 

§  22.  Nothing  in  this  act  shall  be  construed  to  prohibit  service  m 
the  case  of  emergency,  or  the  domestic  administration  of  laniily  rem- 
edies; nor  shall  this  act  apply  to  any  commissioned  medica  odcer  in 
the  United  States  army,  navy  or  marine  hospital,  or  p.ibl..-  health  Bor- 
vice,  in  the  discharge  of  his  official  duties;  nor  to  any  li.cnse,  dontist 
whe^   engaged  exclusively   in  the  practice   of  dentistry.     Nor  shall   this 


Act  2203,  §  1  GENERAL  LAWS.  1484 

act  apply  to  any  practitioner  from  another  state  or  territory,  when  in 
actual  consultation  with  a  licensed  practitioner  of  this  state,  if  such 
practitioner  is,  at  the  time  of  such  consultation,  a  licensed  practitioner 
in  the  state  or  territory  in  which  he  resides;  provided,  that  such  prac- 
titioner shall  not  open  an  office  or  appoint  a  place  to  meet  patients  or 
receive  calls  within  the  limits  of  this  state.  Nor  shall  this  act  be  con- 
strued so  as  to  discriminate  against  any  particular  school  of  medicine 
or  surgery,  or  any  other  treatment,  nor  to  regulate,  prohibit  or  to  apply 
to,  any  kind  of  treatment  by  prayer,  nor  to  interfere  in  any  way  with 
the  practice  of  religion. 

Repeal  of  prior  act. 

§  23.  An  act  entitled  "An  act  for  the  regulation  of  the  practice  of 
medicine  and  surgery,  osteopathy,  and  other  sj'stems  or  modes  of  treating 
the  sick  or  afflicted,  in  the  state  of  California,  and  for  the  appointment 
of  a  board  of  medical  examiners  in  the  matter  of  said  regulation,"  ap- 
proved March  14,  1907,  as  amended  by  a  certain  act  approved  March  19, 
1909,  as  amended  by  a  certain  act  approved  May  1,  1911,  is  hereby  re- 
pealed, and  also  all  other  acts  and  parts  of  acts  in  conflict  with  this 
act  are  hereby  repealed. 

TITLE  315a. 

MILITARY   COMPANIES. 
ACT  2203. 

An    act    authorizing   the   governor   of   the    state    of    California    to    issue 
licenses  to  bodies  of  men  to  organize,  drill,  and  bear  arms  as  mili- 
tary companies  or  organizations,  and  providing  for  their  control. 
[Approved  March  9,  1911.     Stats.  1911,  p.  325.] 

Organization  of  military  companies.     Active  service.     Students  exempt. 

§  1.  The  governor  shall  have  power  to  issue  licenses  to  bodies  of  n^en 
to  organize,  drill  and  bear  arms  as  military  companies  or  organizations; 
provided,  that  whenever  any  such  body  of  men  shall  associate  themselves 
as  a  military  company  or  organization  and  drill  with  arms  under  the 
license  of  the  governor,  such  military  company  or  organization  shall  file 
with  the  adjutant  general  of  this  state,  at  such  time  as  the  governor 
may  designate,  a  muster-roll  of  such  military  company  or  organization, 
certified  by  the  oath  of  the  commanding  officer  thereof,  which  muster 
roll  shall  contain  the  names,  ages,  occupations  and  places  of  residence 
of  all  members  thereof,  and  the  number  and  character  of  all  arms  in  the 
possession  of  such  organization,  and  shall  appear  for  inspection  by  the 
adjutant  general  or  such  military  inspector  as  the  governor  shall  desig- 
nate, at  least  once  a  year,  at  their  respective  armories,  at  such  time  as 
the  governor  shall  designate;  and  provided,  further,  that  each  member 
of  such  military  company  or  organization  shall  take  and  subscribe  to  an 
oath,  before  any  officer  authorized  to  administer  the  same,  that  he  will 
support  the  constitution  of  the  United  States  and  the  constitution  of  the 


1485  MINES  AND  MINING.     Acts  2213, 2213a 

state  of  California  and  will  obey  and  maintain  all  laws  and  all  officers 
employed  in  administering  the  same;  and  provided,  further,  that  when- 
ever the  governor,  in  his  judgment,  shall  deem  it  necessary  for  the  public 
safety,  he  may  call  into  active  service  of  the  state  for"^the  causes  and 
purposes  for  which  he  may  call  the  national  guard  into  the  active  service 
of  the  state,  any  such  military  company  or  organization,  and  such  mili- 
tary company  or  organization  shall  rendezvous  and  report  for  active  ser- 
vice at  such  time  and  place  and  to  such  officer  as  the  governor  shall  desig- 
nate, and  shall  enter  the  active  service  of  the  state  and  obey  all  lawful 
orders  and  commands  as  shall  be  issued  by  the  governor  or  any  officer 
placed  in  command  by  his  orders,  in  the  manner  as  if  such  military  com- 
pany or  organization  were  a  part  of  the  national  guard,  and  the  members 
of  such  military  company  or  organization  when  called  into  active  service 
by  order  of  the  governor  shall  be  subject  to  all  military  penalties  and 
punishments  for  violation  of  the  orders  of  the  governor,  or  of  any  officer 
placed  in  command  of  such  organization  by  order  of  the  governor,  as  are 
the  members  of  the  national  guard,  and  shall  be  subject  to  the  articles 
of  war,  the  rules  and  regulations  governing  the  national  guard  and  shall 
receive  the  same  pay  and  allowances  while  in  active  service  as  the  mem- 
bers of  the  national  guard;  and  provided,  however,  that  students  in  edu- 
cational institutions  where  military  science  is  a  part  of  the  course  shall 
be  exempt  from  the  provisions  of  this  act. 

TITLE  317. 

MINES  AND  MINING. 

ACT  2213. 

An  act  to  provide  for  the  establishment,  maintenance,  and  support  of  a 
bureau,  to  be  known  as  the  state  mining  bureau,  and  for  the  a])i)oint- 
ment  and  duties  of  a  board  of  trustees,  to  be  known  as  the  boar(l  of 
trustees   of  the  state  mining  bureau,   who  shall   have   the   direction, 
management  and  control  of  said  state  mining  bureau,  and  to  provide 
for  the  appointment,  duties,  and  compensation  of  a  state  mineralogist, 
who  shall   perform  the  duties  of  his  office  under  the  control,  direc- 
tion  and   supervision   of   the   board   of  trustees  of  the   state   uiiniug 
bureau.     [Approved  March  23,  1893.     Stats.  1893,  p.  203.] 
Amended    1903,    r.    113;    1907,    p.    935. 
Repealed  June  16,  1913   (Stats.  1913,  p.  1331). 
See  Act  2213a,  post. 

ACT  2213a. 

An  act  establishing  a  state  mining  bureau,  creating  the  office  of  utate 
mineralogist,  fixing  his  salary  and  prescribing  his  powers  and  duties; 
providing  for  the  employment  of  officers  and  employees  of  said 
bureau,  making  it  the  duty  of  persons  in  charge  of  mines,  '""""P 
operations  and  quarries  to  make  certain  reports  providing  for  the 
investigation    of   mining   operations,   dealings   and   trans^actions   and 


Act  2213a,  §§  1-^  general  laws.  1486 

the  prosecution  for  defrauding,  swindling  and  cheating  therein, 
creating  a  state  mining  bureau  fund  for  the  purpose  of  carrying  out 
the  provisions  of  this  act  and  repealing  an  act  entitled  "An  act  to 
provide  for  the  establishment,  maintenance,  and  support  of  a  bureau, 
to  be  known  as  the  state  mining  bureau,  and  for  the  appointment 
and  duties  of  a  board  of  trustees,  to  be  known  as  the  board  of  trus- 
tees of  the  state  mining  bureau,  who  shall  have  the  direction,  man- 
agement and  control  of  said  state  mining  bureau,  and  to  provide  for 
the  appointment,  duties,  and  compensation  of  a  state  mineralogist, 
who  shall  perform  the  duties  of  his  oflfice  under  the  control,  direction 
and  supervision  of  the  board  of  trustees  of  the  state  mining  bureau," 
approved  March  23,  1893,  and  all  acts  amendatory  thereof  and  sup- 
plemental thereto  or  in  conflict  herewith. 

[Approved  June  16,  1913.     Stats.  1913,  p.  1327.] 

Mining  bureau  created. 

§  1.  There  is  hereby  created  and  established  a  state  mining  bureau. 
The  chief  oflSeer  of  such  bureau  shall  be  the  state  mineralogist,  which 
office  is  hereby  created. 

State  mineralogist.    Salary. 

§  2.  It  shall  be  the  duty  of  the  governor  of  the  state  of  California 
and  he  is  hereby  empowered  to  appoint  a  citizen  and  resident  of  this 
state,  having  a  practical  and  scientific  knowledge  of  mining,  to  the  office 
of  state  mineralogist.  Said  state  mineralogist  shall  hold  his  office  at  the 
pleasure  of  the  governor.  He  shall  be  a  civil  executive  officer.  He  shalJ 
take  and  subscribe  the  same  oath  of  office  as  other  state  officers.  He 
shall  receive  for  his  services  a  salary  of  three  hundred  dollars  ($300) 
per  month,  to  be  paid  at  the  same  time  and  in  the  same  manner  as  the 
salaries  of  other  state  officers.  He  shall  also  receive  his  necessary  travel- 
ing expenses  when  traveling  on  the  business  of  his  office.  He  shall  give 
bond  for  the  faithful  performance  of  his  duties  in  the  sum  of  ten  thou- 
sand dollars  ($10,000),  said  bond  to  be  approved  by  the  governor  of  the 
state  of  California. 

Employees. 

§  3.  Said  state  mineralogist  shall  employ  competent  geologists,  field 
assistants,  qualified  specialists  and  office  employees  when  necessary  in 
the  execution  of  his  plans  and  operations  of  the  bureau,  and  fix  their  com- 
pensation. The  said  employees  shall  be  allowed  their  necessary  traveliug 
expenses  when  traveling  on  the  business  of  said  department  and  shall 
hold  office  at  the  pleasure  of  said  state  mineralogist. 

Duties. 

§  4,  It  shall  be  the  duty  of  said  state  mineralogist  to  make,  facilitate, 
and  encourage,  special  studies  of  the  mineral  resources  and  mineral  in- 
dustries of  the  state.     It  shall  be  his  duty:  to  collect  statistics  concern- 


1487  MIKES  AND  MINING.         Act  2213a,  §§  5-7 

ing  the  occurrence  and  production  of  the  economically  imjiortant  minerals 
and  the  methods  pursued  in  making  their  valuable  constituents  available 
for  commercial  use;  to  make  a  collection  of  typical  geological  and  niin- 
eralogical  specimens,  especially  those  of  economic  and  commercial  im- 
portance, such  collection  constituting  the  museum  of  the  state  mining 
bureau;  to  provide  a  library  of  books,  reports,  drawings,  bearing  upon 
the  mineral  industries,  and  sciences  of  mineralogy  and  geology,  and  arts 
of  mining  and  metallurgy,  such  library  constituting  the  library  of  the 
state  mining  bureau;  to  make  a  collection  of  models,  drawings  and  de- 
scriptions of  the  mechanical  appliances  used  in  mining  and  metallurgical 
processes;  to  preserve  and  so  maintain  such  collections  and  library  as  to 
make  them  available  for  reference  and  examination,  and  open  to  public 
inspection  at  reasonable  hours;  to  maintain,  in  effect,  a  bureau  of  informa- 
tion concerning  the  mineral  industries  of  this  state,  to  consist  of  such 
collections  and  library,  and  to  arrange,  classify,  catalogue,  and  index 
the  data  therein  contained,  in  a  manner  to  make  the  information  avail- 
able to  those  desiring  it;  to  issue  from  time  to  time  such  bulletins  as  he 
may  deem  advisable  concerning  the  statistics  and  technology  of  the 
mineral  industries  of  this  state. 

Annual  reports  of  mine  owners. 

§  5.  It  is  hereby  made  the  duty  of  the  owner,  lessor,  lessee,  agent, 
manager  or  other  person  in  charge  of  each  and  every  mine,  of  whatever 
kind  or  character,  within  the  state,  to  forward  to  the  state  mineralogist, 
upon  his  request,  at  his  office  not  later  than  the  thirtieth  day  of  .Tune, 
in  each  year,  a  detailed  report  upon  forms  which  will  be  furnished  show- 
ing the  character  of  the  mine,  the  number  of  men.  then  employed,  the 
method  of  working  such  mine  and  the  general  condition  thereof,  the  total 
mineral  production  for  the  past  year,  and  such  owner,  lessor,  lessee,  agent, 
manager  or  other  person  in  charge  of  any  mine  within  the  state  must 
furnish  whatever  information  relative  to  such  mine  as  the  state  mineral- 
ogist may  from  time  to  time  require  for  the  proper  discharge  of  his  offi- 
cial duties.  Any  owner,  lessor,  lessee,  agent,  manager  or  other  person  in 
charge  of  each  and  every  mine,  of  whatever  kind  or  character  within  the 
state,  who  fails  to  comply  with  the  above  provisions  shall  bo  deemed 
guilty  of  a  misdemeanor, 

Incumbent  to  act. 

§  6.  The  state  mineralogist  now  performing  the  duties  of  the  oflice 
of  state  mineralogist  shall  ])erform  the  duties  of  the  odice  of  state  min- 
eralogist as  in  this  act  provided  until  the  appointment  and  iinalificatioii 
of  his  successor  as  in  this  act  provided. 

To  take  possession  of  office,  etc.  . 

§  7.  The  said  state  mineralogist  shall  take  possession,  chargo  and  con- 
trol of  the  offices  now  occupied  and  used  by  the  board  of  trustees  and  stale 
mineralogist  and  the  museum,  library  and  laboratory  of  the  mining  bureau 


Act  2213a,  §§  8-13  general  laws.  1488 

located  in  San  Francisco  as  provided  for  by  a  certain  act  of  the  legis 
lature  approved  March  23,  1893,  and  hereafter  referred  to  in  section  14 
hereof,  and  shall  maintain  such  offices,  museum,  library  and  laboratory 
for  the  purposes  provided  in  this  act.  x 

Power  to  enter  mines. 

§  8.  Said  state  mineralogist  or  qualified  assistant  shall  have  full 
power  and  authority  at  any  time  to  enter  or  examine  any  and  all  mines, 
quarries,  wells,  mills,  reduction  works,  refining  works  and  other  mineral 
properties  or  working  plants  in  this  state  in  order  to  gather  data  to 
comply  with  the  provisions  of  this  act. 

Report. 

§  9.  The  state  mineralogist  shall  make  a  biennial  report  to  the 
governor  on  or  before  the  fifteenth  day  of  September  next  preceding  the 
regular  session  of  the  legislature. 

Disposition  of  receipts. 

§  10.  All  moneys  received  by  the  state  mining  bureau  or  any  officer 
thereof  (except  such  as  may  be  paid  to  them  by  the  state  for  disburse- 
ment) shall  be  receipted  for  by  the  state  mineralogist  or  other  officer 
authorized  by  him  to  act  in  his  place  and  at  least  once  a  month  accounted 
for  by  him  to  the  state  controller  and  paid  into  the  state  treasury  to  the 
credit  of  a  fund  which  is  hereby  created  and  designated  "state  mining 
bureau  fund."  All  moneys  now  in  the  possession  of  the  state  mining 
bureau  or  any  officer  thereof  received  from  any  source  whatsoever,  shall 
be  immediately  paid  over  to  the  state  mineralogist  and  by  him  accounted 
for  to  the  controller  and  paid  into  the  state  treasury  to  the  credit  of 
said  fund.  Said  fund  shall  be  used  and  is  hereby  appropriated  for  the 
use  of  said  bureau  in  carrying  out  the  purposes  of  this  act. 

Gifts. 

§  11.  The  said  state  mineralogist  is  hereby  authorized  and  empowered 
to  receive  on  behalf  of  this  state,  for  the  use  and  benefit  of  the  state 
mining  bureau,  gifts,  bequests,  devises  and  legacies  of  real  or  other  prop- 
erty and  to  use  the  same  in  accordance  with  the  wishes  of  the  donors, 
and  if  no  instructions  are  given  by  said  donors,  to  manage,  use,  and  dis- 
pose of  the  gifts  and  bequests  and  legacies  for  the  best  interests  of  said 
state  mining  bureau  and  in  such  manner  as  he  may  deem  proper. 

Exhibition  collections. 

§  12.  The  state  mineralogist  may  whenever  he  deems  it  advisable,  pre- 
pare a  special  collection  of  ores  and  minerals  of  California  to  be  sent  to 
or  used  at  any  world's  fair  or  exposition  in  order  to  display  the  mineral 
wealth  of  the  state. 

Sale  of  reports,  etc. 

§  13.  The  state  mineralogist  is  hereby  empowered  to  fix  ti  price  upon 
and  to  dispose  of  to  the  public,  at  such  price,  any  and  all  publications 


1489  MINES  AND   MINING.  Act  2216 

of  the  state  mining  bureau,  including  reports,  bulletins,  maps,  registers 
or  other  publications,  such  price  shall  approximate  the  cost  of  publication 
and  distribution.  Any  and  all  sums  derived  from  such  disposition,  or 
from  gifts  or  bequests  made,  as  hereinbefore  provided  must  be  accounted 
for  by  said  state  mineralogist  and  turned  over  to  the  state  treasurer  to 
be  credited  to  the  mining  bureau  fund  as  provided  for  in  section  10. 
He  is  also  empowered  to  furnish  without  cost  to  public  libraries  the  pub- 
lications of  the  bureau,  and  to  exchange  publications  with  other  geological 
surveys  and  scientific  societies,  etc. 

Successor  to  board. 

§  14.  The  state  mineralogist  provided  for  by  this  act  shall  be  the 
successor  in  interest  of  the  board  of  trustees  of  the  state  mining  bureau, 
and  the  state  mineralogist,  under  and  by  virtue  of  that  certain  act,  en- 
titled "An  act  to  provide  for  the  establishment,  maintenance,  and  sup- 
port of  a  bureau,  to  be  known  as  the  state  mining  bureau,  and  for  the 
appointment  and  duties  of  a  board  of  trustees,  to  be  known  as  the  board 
of  trustees  of  the  state  mining  bureau,  who  shall  have  the  direction, 
management,  and  control  of  said  state  mining  bureau,  and  to  provide  for 
the  appointment,  duties,  and  compensation  of  a  state  mineralogist,  who 
shall  perform  the  duties  of  his  office  under  the  control,  direction  and 
supervision  of  the  board  of  trustees  of  the  state  mining  bureau,"  ap- 
proved March  23,  1393,  and  all  books,  papers,  documents,  personal  prop- 
erty, records,  and  property  of  every  kind  and  description  obtained  or 
possessed,  or  held -or  controlled  by  the  said  board  of  trustees  of  the  said 
state  mining  bureau,  and  the  stale  mineralogist,  and  the  clerks  and  em- 
ployees thereof,  under  the  provisions  of  said  act  of  March  23,  1893,  or 
any  act  suppplemental  thereto  or  amendatory  thereof,  shall  immediately 
be  turned  over  and  delivered  to  the  said  state  mineralogist  herein  pro- 
vided  for,   who   shall  have   charge   and   control   thereof. 

Repeal  of  prior  act. 

§  15.  That  certain  act  entitled  "An  act  to  provide  for  the  establish- 
ment, maintenance,  and  support  of  a  bureau,  to  be  known  as  the  state 
mining  bureau,  and  for  the  appointment  and  duties  of  a  board  of  trus 
tees,  to  be  known  as  the  board  of  trustees  of  the  state  niining  bureau, 
and  to  provide  for  the  appointment,  duties  and  compensation  of  a  state 
mineralogist,  who  shall  perform  the  duties  of  his  office  under  the  control, 
direction,  and  supervision  of  the  board  of  trustees  of  the  state  mining 
bureau,"  approved  March  23,  1893,  together  with  all  acts  amendatory 
thereof  and  supplemental  thereto  and  all  acts  in  conflict  herewith  aro 
hereby  repealed. 

ACT  2216. 

Citations.      Cal.   157/141,   142,    143. 
94 


Acts  2227-2230a  general  laws.  1490 

ACT  2227. 

Citations.      Cal.   155/147.     App.   10/140. 

ACT  2299. 

Citations.      Cal.  157/144. 

ACT  2230. 

An  act  regulating  the  hours  of  employment  in  underground  mines   and 

in  smelting  and  reduction  works.     [Approved  March  10,  1909.     Stats. 

1909,  p.  279.] 

Probably   repealed   by   Act   2230a,   post,   which   is  word  for  word   the   same. 
Citations.      Cal.   157/52,   59. 

ACT  2230a. 

An  act  regulating  the  hours  of  employment  in  underground  mines,  under- 
ground workings,  whether  for  the  purpose  of  tunneling,  making  exca- 
vations or  to  accomplish  any  other  purpose  or  design  or  in  smelting 
and  reduction  works. 

[Approved  May  30,  1913.     Stats.  1913,  p.  331.] 

Eight  hour  day  for  underground  workers. 

§  1.  That  the  period  of  employment  for  all  persons  who  are  employed 
or  engaged  in  work  in  underground  mines  in  search  of  minerals,  whether 
base  or  precious,  or  who  are  engaged  in  such  underground  mines  for  other 
purposes,  or  who  are  employed  or  engaged  in  any  other  underground 
workings  whether  for  the  purpose  of  tunneling,  making  excavations  or 
to  accomplish  any  other  purpose  or  design,  or  who  are  employed  in 
smelters  and  other  institutions  for  the  reduction  or  refining  of  ores  or 
metals  shall  not  exceed  eight  hours  within  any  twenty-four  hours,  and  the 
hours  of  employment  in  such  employment  or  work  day  shall  be  con- 
secutive, excluding,  however,  any  intermission  of  time  for  lunch  or  meals; 
provided,  that,  in  case  of  emergency  where  life  or  property  is  in  imminent 
danger,  the  period  may  be  a  longer  time  during  the  continuance  of  the 
exigency  or  emergency. 

Penalty. 

§  2.  Any  person  who  shall  violate  any  provision  of  this  act,  and  any 
person  who  as  foreman,  manager,  director  or  officer  of  a  corporation,  or 
as  the  employer  or  superior  officer  of  any  person,  shall  command,  persuade 
or  allow  any  person  to  violate  any  provision  of  this  act,  shall  be  guilty  . 
of  a  misdemeanor  and  upon  conviction  shall  be  punished  by  a  fine  of  not 
less  than  fifty  dollars  ($50)  nor  more  than  three  hundred  dollars  ($300), 
or  by  imprisonment  of  not  more  than  three  months.  And  the  court  shall 
have  discretion  to  impose  both  fine  and  imprisonment  as  herein  provided. 

§  3.  All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby 
repealed. 

See   ante.    Act   2230. 


1491  MINES  AND  MINING.  Acts  2231, 2232 

ACT  2231. 

Au  act  regulating  the  extraction  of  minerals  from  the  waters  of  any 
stream  or  lake  and  prohibiting  the  extraction  of  minerals  from  said 
waters  except  under  lease  from  or  express  permission  of  the  state 
for  a  period  not  exceeding  twenty-five  years. 

[Approved  April  14,  1911.     Stats.  1911,  p.  904.] 

Extracting  minerals  from  waters. 

§  1.  Minerals  contained  in  the  waters  of  any  stream  or  lake  in  this 
state  shall  not  be  extracted  from  said  waters  except  upon  charges,  terms 
and  conditions  prescribed  by  law.  No  person,  firm,  corporation  or  asso 
ciation  shall  hereafter  gain  the  right  to  extract  or  cause  to  be  extracted 
said  minerals  from  said  waters  by  user,  custom,  prescription,  appropria- 
tion, littoral  rights,  riparian  rights,  or  in  any  manner  other  than  by 
lease  from  or  express  permission  of  the  state  as  prescribed  by  law;  and 
no  such  lease  or  permission  shall  be  granted  for  a  longer  period  than 
twenty-five  years. 

§  2.     All  acts  or  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 

§  3.     This  act  shall  take  effect  immediately. 
See  Act  2232,  poit. 

ACT  2232. 

An  act  relating  to  lakes  and  streams,  the  waters  of  which  contain  miner- 
als in  commercial  quantities;  withdrawing  state  lands  within  the 
meander  lines  thereof  from  sale;  prescribing  conditions  for  taking 
such  minerals  from  said  waters  and  lands,  and  providing  for  the 
leasing  of  lands  uncovered  by  the  recession  of  the  waters  of  such 
lakes  and  streams. 

[Approved  April  27,  1911.     Stats.  1911,  p.  1154.] 

Waters  containing  minerals  withdrawn  from  sale. 

§  1.  There  is  hereby  withdrawn  from  selection  and  sale  all  of  the 
lands  embraced  within  the  original  meander  lines  of  streams  and  lakes 
belonging  to  the  state,  the  waters  of  which  contain  minerals  in  com- 
mercial quantities,  and  all  such  lands  which  may  hereafter  inure  to  the 
state  by  virtue  of  its  sovereignty,  excepting  such  lauds  now  contracte<l 
to  be  sold  under  sections  3493m  to  3493t,  both  inclusive,  of  the  Political 
Code. 

Water  may  be  taken  only  under  this  act. 

§  2.  No  person,  firm  or  corporation  shall  take  water  from  nuch  Hlrcanis 
or  lakes  containing  minerals  and  extract  from  such  waters  such  minorals, 
except  under  the  terms  and  conditions  of  this  act;  and  no  j.crson  firm 
or  corporation  may  lease  any  land  herein  referred  to  and  extract  there- 
from minerals  deposited  therein  or  thereon,  except  un.ler  the  terms  and 
conditions  of  this  act. 


Act  2232,  §§  3-7  general  laws.  1492 

statement  to  be  filed  with  county  assessor  and  state  controller. 

§  3.  Every  person,  firm  or  corporation  taking  from  the  waters  of  such 
stream,  lakes  or  lands  any  minerals,  shall  file,  on  or  before  the  last 
Monday  in  January  of  each  year,  with  the  county  assessor  of  the  county 
in  which  any  such  stream  or  lake  is  situated,  and  also  with  the  state 
controller,  a  written  statement,  duly  verified,  showing  in  tons  of  two 
thousand  pounds,  the  amount  of  mineral  taken  by  such  person,  firm  or 
corporation  from  such  water  or  land  during  the  year  ending  December 
31st  last  preceding  and  sold  by  said  person,  firm  or  corporation  during 
the  said  year  preceding.  Any  such  person,  firm  or  corporation  neglect- 
ing or  refusing  to  furnish  such  statement  shall  be  subject  to  a  fine  of 
one  hundred  dollars  for  each  day  after  the  said  last  Monday  in  January 
such  person,  firm  or  corporation  shall  fail  to  furnish  such  statement,  and, 
in  addition  to  said  fine,  shall  forfeit  all  leases  granting  the  right  to 
extract  such  minerals  from  said  water  and  said  land.  Any  person  who 
shall,  either  on  behalf  of  himself  or  any  firm  or  corporation,  verify  any 
such  statement  which  shall  be  untrue  in  any  material  part,  shall  be 
deemed  guilty  of  a  misdemeanor. 

Examination  of  statement. 

§  4.  In  case  either  the  assessor  or  the  state  controller  shall  not  be 
satisfied  with  the  statement  as  returned,  he  may  make  an  examination 
of  the  matters  necessary  to  verify  or  correct  said  statement,  and,  for 
that  purpose,  may  subpoena  witnesses  and  call  for  and  compel  the  pro- 
duction of  necessary  books  and  papers  belonging  to  the  person,  firm  or 
corporation  making  the  returns. 

Royalty. 

§  5.  The  county  assessor  of  the  county  shall,  after  examination  and 
approval  by  him  and  the  state  controller  of  such  statement,  proceed  to 
collect  from  such  person,  firm  or  corporation  a  royalty  of  twenty-five 
cents  for  each  ton  of  two  thousand  pounds  of  mineral  taken  from  such 
water  or  land  by  such  person,  firm  or  corporation  and  sold  during  the 
preceding  year,  in  the  manner  provided  for  the  collection  of  personal 
property  taxes;  provided,  that  the  royalty  on  sodium  bicarbonate  and 
on  sodium  hydrate  so  taken  shall  be  fifty  (50)  cents  for  each  ton  of  two 
thousand  pounds. 

Application  to  lease  lands. 

§  6.  Any  person,  firm  or  corporation  desiring  to  lease  any  lands  under 
this  act  must  make  application  therefor  to  the  surveyor  general  of  the 
state,  describing  the  lands  sought  to  be  leased  by  legal  subdivisions,  or, 
if  the  legal  subdivisions  are  unknown  to  the  applicant,  by  metes  and 
bounds.  The  application  must  be  accompanied  by  a  filing  fee  of  ten 
dollars. 

Survey  of  lands. 

§  7.  Upon  the  receipt  of  such  application,  the  surveyor  general  shall 
direct  the  county  surveyor  of  the  county  in  which  such  lands  are  situ- 


1493 


MINES   AND   MINING.  Act  2232,  §§  8-11 


ated  to  survey  the  land  sought  to  be  leased.  The  countv  surveyor  shall 
make  an  actual  survey  of  the  land,  at  the  expense  of  the  applicant,  es- 
tablishing the  four  corners  to  each  quarter  section,  and  connecting  the 
same  with  a  United  States  survey;  and  within  thirty  days  file  with  the 
surveyor  general  a  copy,  under  oath,  of  his  field-notes  and  plat.  If 
the  county  surveyor  fails  to  make  the  survey  as  herein  provided,  the  sur 
veyor  general  shall  immediately  direct  another  person  to  make  the  sur- 
vey at  the  expense  of  thr  applicant,  and  said  survey  shall  be  made  and 
completed  within  thirty  days  after  the  authorization,  and  the  field-notes 
and  plats,  or  copies  thereof,  shall  be  sworn  to  by  the  surveyor  making 
them  and  shall  be  filed  with  the  surveyor  general. 

Approval  or  rejection  of  application. 

§  8.  All  applications  to  lease  under  this  act  shall  be  approved  or 
rejected  by  the  surveyor  general  within  ninety  days  after  the  receipt 
thereof.  Immediately  after  the  approval  of  the  application,  the  surveyor 
general  shall  execute  and  deliver  to  the  applicant  a  lease  of  the  lauds 
described  in  the  application. 

Rental. 

§  9.     The  lands  designated  in  this  act  shall  be  leased  at  the  rate  of 

two  dollars  and  fifty  cents  per  acre,  per  year,  payable  yearly  in  advance. 
All  moneys  received  as  rental  for  such  lands  and  as  royalty,  upon  the 
mineral  product  of  the  waters  of  the  lakes,  streams  or  lands  above  men- 
tioned, shall  be  paid  into  the  state  school  land  fund. 

First  payment.     Limit  of  lease. 

§  10.  Whenever  any  lease  is  delivered  to  the  applicant  by  the  sur- 
veyor general,  the  lessee  shall,  within  fifteen  days  thereafter,  present  said 
lease  to  the  treasurer  of  the  state  of  California,  and  make  payment  of 
the  first  annual  rent.  The  treasurer  shall  receive  the  money  and  give 
a  receipt  therefor.  All  subsequent  annual  payments  of  rental  must  be 
paid  to  the  state  treasurer,  in  like  manner,  within  fifteen  days  after  they 
become  due.  In  case  payments  are  not  made  as  herein  provided,  the 
lease  and  all  rights  thereunder  shall  cease  and  terminate.  No  le;isc  shall 
run  for  more  than  twenty-five  years;  provided,  that  upon  the  expiration 
of  any  lease,  such  lease  may  be  extended  for  a  period  of  twenty  fivo 
years  upon  such  terms  and  conditions  as  may  then  be  pre-"  ■'"  ■!  '"•  I'lw. 

Reservations  to  state. 

§  11,  All  leases  made  under  the  authority  of  this  ait  sli.ill  cuiitain  a 
reservation  to  the  state  of  a  right  to  locate  rights  of  way  across  such 
leased  lands,  subject  onlv  to  the  requirements  that  the  rights  of  way  shall 
be  located  in  such  manner  as  to  cause  the  lensl  injury  to  the  leased  lands 
across  which  the  same  may  be  located,  and  that  any  daniagp  suffered  by 
the  lessee  of  such  lands  shall  be  compensated  by  the  lessee  of  the  lands 
for  whose  benefit  the  right  of  way  is  required;  and  every  such  lease  shall 
be  subject  to,  and  shall  contain  a  reservation  of,  the   right  of  any  city 


Act  2232,  §§  12-16  general  laws.  1494 

and  county  or  incorporated  city  or  town  of  this  state  to  at  any  time 
appropriate  and  take,  under  the  laws  of  this  state  relative  to  the  appro- 
priation of  waters,  water  from  any  stream  or  lake  tributary  to  or  dis- 
charging into  any  stream  or  lake  of  the  character  mentioned  in  section 
1  of  this  act  for  any  use  or  uses  within  the  authorized  powers  of  such 
city  and  county,  or  incorporated  city  or  town. 

Lease  to  rights  of  way. 

§  12.  Leases  of  rights  of  way,  not  exceeding  one  hundred  feet  in 
width,  for  access  to  any  waters  or  lands  designated  by  this  act,  may  be 
applied  for  and  granted  in  the  manner  herein  provided  for  leasing  lands. 
Such  rights  of  way  shall  be  leased  at  an  annual  rental  of  two  dollars  and 
fifty  cents  an  acre,  and  the  same  shall  be  paid  as  herein  provided  for 
leased  lands. 

Termination  of  lease. 

§  13.  All  leases  of  mineral  lands  provided  for  by  this  act  shall  cease 
and  terminate  on  December  31st  of  any  year  if  the  lessee  or  assigns  has 
not,  during  the  year  preceding,  extracted  or  removed  from  such  land  and 
water  an  amount  of  mineral  equal,  in  the  aggregate,  to  a  minimum  of  five 
tons  per  acre  of  land  leased;  provided,  that  when  a  lease  is  not  delivered 
to  the  lessee  until  after  the  fifteenth  day  of  January  of  any  year,  the 
minimum  tonnage  for  such  year  shall  be  less  than  five  (5)  tons,  and  shall 
be  proportional  to  the  number  of  days  remaining  in  such  year  after  the 
completion  of  the  works. 

Powers  of  surveyor  general. 

§  14.  The  surveyor  general  is  hereby  authorized  to  prepare,  make, 
execute  and  deliver  all  papers,  instruments  and  documents,  and  to  do 
any  and  all  things  necessary  to  carry  out  the  provisions  of  this  act. 

Legislature  may  change  royalty. 

§  15.  The  legislature  shall  have  the  right  to  change,  from  time  to 
time,  the  royalty  per  ton  of  minerals  extracted  and  the  annual  rental 
per  acre  of  land,  and  such  change  shall  apply  to  all  persons,  firms  or 
corporations  holding  leases  hereunder;  provided,  that  no  lease  given  under 
this  act  shall  be  subject  to  any  change,  as  to  the  royalty  or  rental  pro- 
vided for  in  said  lease,  subsequent  to  the  execution  of  such  lease  until 
after  ten  years  from  the  passage  of  this  act. 

Abandonment  of  lease. 

§  16.  Any  lessee  hereunder  may  abandon  and  surrender  a  lease  at  the 
expiration  of  any  calendar  year  by  filing  with  the  county  assessor  of 
the  county  in  which  is  situated  the  lands  described  in  said  lease,  and 
with  the  surveyor  general  and  the  state  controller,  notices  of  said  aban- 
donment or  surrender;  but  said  notices  must  be  filed  at  least  sixty  days 
before  the  expiration  of  said  calendar  year;  and  said  abandonment  and 
surrender   shall   not   absolve   the   said   lessee   from   the   payment    of   any 


1495  MONTEREY  COUNTY.  Acts  2233-2317 

royalty  which  may  be   due  at  the  end  of  said  fiscal  year  for   minerals 
extracted  from  the  waters  or  lands  in  this  act  specified. 

§  17.     This  act  shall  take  effect  immediately. 
See   Act    2231,    ante. 

ACT  2233. 

An  act  providing  for  the  establishment  and  maintenance  of  a  telephone 

system  in  mines  and  prescribing  a  penalty  for  the  violation  thereof. 

[Approved  June  13,  1913.     Stats.  1913,  p.  782.] 

Telephone  systems  in  mines  over  five  hundred  feet  deep. 

§  1.  In  all  mines  operated  and  worked  in  this  state  where  a  depth  of 
more  than  five  hundred  feet  underground  has  been  reached,  a  telephone 
system  must  be  established,  equipped  and  maintained  by  the  owners  or 
lessees  thereof  with  stations  at  each  working  level  below  the  depth  afore- 
said, communicating  with  a  station  thereof  on  the  surface  of  any  such 
mine. 

Penalty. 

§  2.  The  failure  or  refusal  of  any  owner  or  lessee  to  install  or  main- 
tain such  telephone  system  shall  be  deemed  guilty  of  misdemeanor  and 
punished  accordingly. 

TITLE  318. 
MINING   CORPORATIONS. 
ACT  2240. 

Citations.      Cal.   157/750,     751,     752,      756,      757,      759,      760.     App.   8/283; 
14/730,    731. 

TITLE  321. 

MODESTO. 
ACT  2255. 

Charter  of  Modesto.     [Stats.  1911,  p.  1493.] 

TITLE  327. 

MONTEREY   CITY. 

ACT  2301. 

Charter  of  Monterey  City.     [Stats.  1911,  p.  1742.] 

TITLE  328. 
MONTEREY   COUNTY. 
ACT  2317. 

An  act  to  provide  for  the  accomplishment  of  th^i^ork  of  const m.-tinc  n 
breakwater  in  Monterey  bay,  California,  Ah  recommended  in  hn 
report  of  the  chief  of  engineers,  United  States  army,  and  printed 
in  a  document  of  the  United   States  house  of  representatives,  No 


Acts  2331, 2331a  general  laws.  1496 

1084,  sixty-first  Congress,  third  session,  calling  for  an  expenrliture 
of  eight  hundred  thousand  dollars  and  making  an  appropriation  for 
such  work.  [Approved  March  1.5,  1911.  Stats.  1911,  p.  371.] 
The  act  appropriated  two  hundred  thousand  dollars  for  the  purpose  indi- 
cated, conditional  upon  the  United  States  government  taking  charge  of  the  work 
and    appropriating    six    hundred    thousand    dollars    for    the    work. 

TITLE   332. 

MOTOR  VEHICLES. 
ACT  2331. 

An  act  to  regulate  the  operation  of  motor  vehicles  on  public  highways, 

and   making   an 'appropriation   for   the   purpose   of   carrying   out   the 

objects  of  this  act.      [Approved  March  22,  190.5.     Stats.  1905,  p.  816.] 

Amended   1907,   p.  914.     Repealed  May    31,  1913    (Stats.  1913,  p.  656).      See 

Act  2331a,    §  40,  post. 

See   Pol.   Code,    §§2787,   2789,   2802. 
Citations.      App.   12/523. 

ACT  2331a. 

An  act  to  regulate  the  use  and  operation  of  vehicles  upon  the  public 
highways  and  elsewhere;  to  provide  for  the  registration  and  iden- 
tification of  motor  vehicles  and  for  the  payment  of  registration  fees 
therefor;  to  provide  for  the  licensing  of  persons  operating  motor 
vehicles;  to  prohibit  certain  persons  from  operating  vehicles  upon 
the  public  highways;  to  prohibit  the  possession  or  use  of  a  motor 
vehicle  without  the  consent  of  the  owner  thereof,  and  to  prohibit  the 
offer  to  or  acceptance  by  certain  persons  of  any  bonus  or  discount 
or  other  consideration  for  the  purchase  of  supplies  or  parts  for  motor 
vehicles,  or  for  work  or  repair  done  thereon;  to  provide  penalties  for 
violations  of  provisions  of  this  act,  and  to  provide  for  the  disposition 
of  fines  and  forfeitures  imposed  thereon;  to  provide  for  the  disposi- 
tion of  registration  and  license  fees,  fines  and  forfeitures  collected 
hereunder;  to  provide  for  carrying  out  the  objects  of  this  act  and  to 
make  an  appropriation  and  to  create  a  revolving  fund  therefor;  and 
to  repeal  all  acts  or  parts  of  acts  either  in  conformity  or  in  conflict 
with  this  ac^. 

[Approved  May  31,  1913.     Stats.  1913,  p.  639.] 

Definitions. 

§  1.  The  words  and  phrases  used  in  this  act  shall,  for  the  purposes 
of  this  act,  unless  the  same  be  contrary  to  or  inconsistent  with  the  con- 
text, be  construed  as  follows:  (1)  "motor  vehicle"  shall  include  all 
vehicles  propelled  othewise  than  bj'  muscular  power,  except  such  vehicles 
as  run  upon  rails  or  wacks;  (2)  "automobile"  shall  include  all  motor 
vehicles  excepting  motorcycles;  (3)  "motorcycle"  shall  include  all  motor 
vehicles   designed   to   travel   on   not   more   than   three   wheels   in   contact 


1497  MOTOR  VEHICLES.  Act  2331a,  §  1 

with  the  ground  and  upon  which  the  rider  sits  astride;  (-4)  "public 
highways"  shall  include  any  highway,  county  road,  state  highway  or 
state  road,  public  street,  avenue,  alley,  park,  parkway,  drivewav,  or 
public  place  in  any  county  or  incorporated  city  and  county,  city  or  town; 
(5)  "business  district"  shall  mean  the  territo"ry  of  any  county  or  incor- 
porated city  and  county,  city  or  town,  contiguous  to  public  highway, 
which  is  at  that  point  mainly  built  up  with  structures  devoted  to  busi- 
ness; (6)  "closely  built  up"  shall  mean  the  territory  of  any  county  or 
incorporated  city  and  county,  city  or  town,  contiguous  to  a  public  high- 
way not  devoted  to  business  where  for  not  less  than  a  quarter  of  a  mile, 
the  dwelling-houses  on  such  highway  average  less  than  one  hundred  feet 
apart;  provided,  that  the  local  authorities  having  charge  of  such  high- 
way shall  have  placed  conspicuously  thereon  at  both  ends  of  such  closelj' 
built  up  section  signs  of  sufficient  size  to  be  easily  readable  by  a  person 
using  the  highway,  bearing  the  words  "Slow   down  to  miles"    (in- 

serting in  the  blank  space  preceding  the  word  "miles"  the  rate  of  speed 
prescribed  by  law  and  also  an  arrow  pointing  in  the  direction  of  the 
territory  where  the  speed  is  to  be  reduced;  (7)  "local  authorities"  shall 
include  all  boards  of  supervisors,  trustees  or  councils,  committees,  and 
other  public  officials  of  counties,  incorporated  cities  and  counties,  cities 
or  towns;  (8)  "Chauffeur"  shall  mean  any  person  who  operates  a  motor 
vehicle,  and  who  directly  or  indirectly  receives  pay  or  any  compensation 
whatsoever  for  such  operation,  or  for  any  work  or  service  in  connection 
with  motor  vehicles,  excepting  only  manufacturers,  agents,  proprietors  of 
garages,  and  dealers  who  do  not  operate  for  hire;  provided,  however, 
that  an  employee  of  a  manufacturer  or  of  a  dealer  whose  principal  oc- 
cupation is  that  of  a  salesman  shall  be  exempted  from  this  definition  and 
shall  be  designated  as  an  operator;  provided,  further,  that  a  person 
operating  a  motorcycle  shall  not  be  considered  as  a  chauffeur  unless  such 
motorcycle  is  of  greater  weight  than  four  hundred  pounds  unladen; 
(9)  the  term  "state"  as  used  in  this  act,  except  where  otherwise  expressly 
provided,  shall  also  include  the  territory,  federal  districts  and  insular 
possessions  of  the  United  States;  (10)  "nonresidents"  shall  apply  to  resi 
dents  of  other  states  or  countries  having  no  regular  place  of  abode  or 
business  in  this  state  for  a  period  of  more  than  three  months  in  the 
calendar  year;  (11)  "owner"  shall  also  include  any  person,  firm,  associa- 
tion, or  corporation  renting  a  motor  vehicle  or  having  the  exclusive  use 
thereof  under  a  lease  or  otherwise;  (12)  "manufacturer'^  or  "dealer"  shall 
signify  a  person,  firm,  association,  or  corporation  having  in  his,  its  or 
their  possession  motor  vehicles  for  sale  or  trade  and  for  use  and  opera- 
tion pursuant  thereto,  and  shall  be  considered  owners  of  motor  vphicies 
manufactured  or  dealt  in  by  them  for  the  purposes  of  this  act,  prior 
to  sale  and  delivery  thereof,  and  of  all  motor  vehicles  in  their  poss.'HHion 
and  operated  by  them  or  by  their  employees;  (13)  "garage  shall  mean 
every  place  of  business  where  motor  vehicles  are  received  for  housing  or 
storage  for  compensation,  and  excepting  only  such  places  in  which  motor 
vehicles  are  kept  by  the  owners  thereof,  not  being  dealers,  without  pay- 


Act  2331a,  §§  2-4  general  laws.  1498 

ment  for  storage;  (14)  "magistrate"  sball  be  deemed  and  understood  to 
mean  and  include  all  justices  of  the  peace,  judges  of  city  or  city  and 
county  criminal  courts,  police  justices,  city  recorders,  mayors,  and  all 
other  officers  having  the  powers  of  a  committing  magistrate;  (15)  "inter- 
secting highway"  shall  mean  any  highway  which  joins  another  at  an 
angle,  whether  or  not  it  crosses  the  other;  (16)  "operator"  shall  mean 
any  person  other  than  a  chauffeur,  who  operates  a  motor  vehicle;  (17) 
"person"  shall  include  any  corporation,  association,  copartnership,  com- 
pany, firm,  or  other  aggregation  of  individuals  which  owns  or  controls 
any  motor  vehicle  as  owner,  or  for  the  purpose  of  sale,  or  for  renting 
as  agent,  salesman  or  otherwise.  Department  as  used  in  this  act  shall 
mean   the   state   department  of   engineering. 

Fire-engines,  etc.,  excepted. 

§  2.  Fire-engines  and  fire  patrol  apparatus,  police  patrol  wagons, 
municipal  or  county  ambulances  and  such  self-propelling  vehicles  as  are 
used  neither  for  the  conveyance  of  persons  for  hire,  pleasure,  or  busi- 
ness, nor  for  the  transportation  of  freight,  such  as  road  rollers,  street 
or  road  sprinklers  and  traction  engines,  are  excepted  from  the  provisions 
of  this  act,  except  where  otherwise  expressly  provided. 

Application  for  registration  filed  with  state  treasurer. 

§  3.  Every  owner  of  a  motor  vehicle  which  shall  be  operated  or 
driven  upon  the  public  highways  of  this  state  shall  for  each  motor 
vehicle  owned,  except  as  herein  otherwise  expressly  provided,  cause  to 
be  filed  by  mail  or  otherwise  with  the  state  treasurer  or  his  duly 
authorized  agent,  an  application  for  registration  on  a  blank  to  be  fur- 
nished by  the  state  department  of  engineering  for  that  purpose,  con- 
taining, in  addition  to  such  other  particulars  as  may  be  required  by  the 
said  department,  a  statement  of  the  name,  place  of  residence  and  address 
of  the  applicant,  with  a  brief  description  of  the  motor  vehicle,  includ- 
ing the  name  of  the  maker,  the  number,  if  any,  affixed  by  the  maker, 
the  character  of  the  motor  power  and  the  amount  of  such  motor  power 
stated  in  figures  of  horse-power;  and  with  such  application  shall  be 
deposited  the  proper  registration  fee  as  provided  in  section  7  of  this  act. 

Application  transmitted  to  department  of  engineering.  Vehicles  regis- 
tered. 
§  -i.  Upon  the  receipt  of  an  application  for  registration  of  a  motor 
vehicle  as  provided  in  this  act,  the  state  treasurer  shall  transmit  the 
same  to  the  said  department  with  the  indorsement  thereon  that  the  fee 
required  by  section  7  of  this  act  has  been  paid  to  him  or  his  duly 
authorized  agent  and  thereupon  the  said  department  or  its  duly  author- 
ized agent,  if  satisfied  that  the  proper  fee  has  been  paid,  shall  file  such 
application  and  shall  alphabetically,  and  also  numerically,  register  such 
motor  vehicle  or  vehicles  with  the  name,  residence  and  business  address 
of  the  owner,  manufacturer,  or  dealer,  as  the  case  may  be,  together 
with  the  facts  stated  in  such  application,  in  a  book  or  on  index  cards 


1499  MOTOR  VEHICLES.  Act  2331a,  §§  5-7 

to  be  kept  for  the  purpose  under  a  distinctive  number  assigned  to  such 
motor  vehicle  by  the  said  department  or  its  duly  authorized  agent, 
■which  book  or  index  cards  shall  be  open  to  inspection  by  the  public 
during  reasonable  business  hours. 

Ntimber  given  each  vehicle.     Seal.     Duplicate. 

§  5.  Upon  the  filing  of  such  application  and  the  payment  of  the 
fees  provided  in  this  act,  the  said  department  or  its  duly  authorized 
agent  shall  assign  to  such  motor  vehicle  a  distinctive  number,  and  shall 
issue  and  deliver  to  the  owner  or  applicant  a  seal  of  aluminum,  or  other 
suitable  metal,  in  such  form  as  may  be  selected  by  the  said  department, 
not   less    than    two   inches     in     its     shortest     diameter,    having     stamped 

thereon  the  words  "Eegistered  Motor  Vehicle  No.  ,  Cal.,  19 — ,"  with 

the  registration  number  and  the  year  for  which  such  seal  is  issued 
inserted  therein,  the  form  of  which  seal  shall  be  uniform  for  any  one 
year,  and  may  be  altered  by  the  said  department  from  year  to  year; 
which  seal  shall  thereafter  at  all  times  be  conspicuously  displayed  on 
the  motor  vehicle  to  which  the  number  has  been  assigned;  provided, 
further,  that  in  the  event  of  the  loss,  mutilation  or  destruction  of  any 
such  seal,  the  owner  of  a  registered  motor  vehicle  may  obtain  from  the 
-said  department  or  its  duly  authorized  agent  a  duplicate  thereof  upon 
filing  with  the  said  departinent  or  its  duly  authorized  agent  an  affidavit 
showing  the  facts  and  upon  the  payment  "^of  the  fee  provided  herein  for 
such  duplicate. 

Annual  registration. 

§  6.  Such  registration  shall  be  renewed  annually  in  the  same  man- 
ner and  upon  payment  of  the  same  fee  as  provided  for  original  regis- 
tration, such  renewal  to  take  effect  on  the  first  day  of  January  of  each 
year.  Number  plates  and  seals  furnished  by  the  said  department  as 
provided  by  this  act  shall  be  valid  only  for  the  calendar  year  for 
which  they  are  issued. 

Fees.  Dealers.  Substitution  of  registration.  Chauffeur's  license.  Ad- 
ditional seals.  To  state  officers. 
§  7.  The  state  treasurer  shall  collect  fees  as  follows:  For  the  regis- 
tration of  every  motorcycle,  including  the  right  of  the  owner  thereof  to 
operate  the  ve"hicle,  two  dollars.  For  the  registration  of  every  auto- 
mobile of  less  than  twentv-horse  power,  five  dollars.     For   the   registra- 


tion of  every  automobile  of  twenty  horse-power  and  above,  but  loss  than 
thirty  horsepower,  ten  dollars.  For  the  registration  of  every  auto- 
mobile of  thirty  horse-power  and  above,  but  less  than  forty  horse -power, 
iollars  For  the  registration  of  every  automobile  of  forty  horso- 
nd  above,  but  less  than  fifty  horse-power,  twenty  dollars.  I' or 
stration  of  every  automobile  of  fifty  horse-power,  an.l_  above,  b.it 


less  than  sixty  horse-power,  twenty-five  dollars.  For  ho  rogiH  ration  of 
every  automobile  of  sixty  horse-power  and  above,  thirty  dollars  I'or 
the  registration  of  motor  vehicles  owned   by   or  under  the  eontiul   ol    a 


Act  2331a,  §  8  general  laws.  1500 

manufacturer  of  or  dealer  in  motor  vehicles,  if  such  persons  operate 
upon  the  public  highways  not  more  than  five  automobiles,  fifty  dollars, 
and  ten  dollars  for  every  automobile  in  excess  of  five  so  operated.  For 
the  registration  of  all  of  the  motorcycles  owned  by  or  under  the  control 
of  a  manufacturer  of  or  dealer  in  motorcycles  who  does  not  manufacture 
or  deal  in  automobiles,  including  five  seals  to  be  furnished  with  the 
certificates  of  registration,  five  dollars.  For  the  registration  of  every 
automobile  and  of  the  motor  vehicles  owned  by  or  under  the  control  of 
a  manufacturer  of  or  dealer  in  motor  vehicles,  who  applies  therefor  dur- 
ing the  period  beginning  with  the  first  day  of  August  and  ending  on 
the  thirty-first  day  of  December,  in  any  year,  one-half  of  the  fore- 
going fees.  For  the  substitution  of  the  registration  of  an  automobile 
for  that  of  a  vehicle  previously  registered  in  accordance  with  the  pro- 
visions of  this  act,  two  dollars.  For  the  substitution  of  the  registration 
of  a  motorcycle  for  that  of  a  motorcycle  previously  registered  in  accord- 
ance' with  this  act,  one  dollar.  For  every  original  chauffeur's  license, 
two  dollars.  For  the  renewal  of  any  chauffeur's  license  to  operate  auto- 
mobiles, two  dollars.  For  every  additional  seal  of  registration  or  license, 
fifty  cents.  For  every  additional  number  plate  furnished  to  replace 
such  plates  as  have  been  lost  or  mutilated,  or  which  are  illegible,  and  for 
every  additional  number  plate  furnished  to  a  manufacturer  of  or  dealer" 
in  motor  vehicles  whose  business  requires  more  than  five  pairs  of  such 
plates,  seventy-five  cents.  For  every  additional  seal  furnished  to  replace 
such  seals  as  have  been  lost  or  mutilated,  or  which  are  illegible,  and 
for  every  seal  furnished  to  a  manufacturer  of  or  dealer  in  automobiles 
for  use  on  motorcycles  owned  by  or  under  the  control  of  such  persons, 
fifty  cents;  provided,  however,  that  the  state  department  of  engineer- 
ing may  furnish  without  charge  copies  of  seals  of  registration  and 
licenses  to  operate,  and  copies  of  other  documents  relating  thereto,  to 
officers  of  the  state  or  of  any  court  thereof  or  of  a  city  or  town  therein. 

Expiration  of  registration  on  transfer  of  vehicle.  Rebates.  Numbers. 
Unsafe  machines.  Horse-power.  ExpiratiOQ  of  registration. 
§  8.  Upon  the  transfer  of  ownership  of  any  motor  vehicle  its  regis- 
tration shall  expire,  and  the  person  in  whose  name  such  vehicle  is 
registered  shall  forthwith  return  the  seal  of  registration  to  the  state 
treasurer  with  a  written  notice  containing  the  date  of  such  transfer  of 
ownership  and  the  name,  place  of  residence  and  address  of  the  new 
owner.  A  person  who  transfers  the  ownership  of  a  registered  motor 
vehicle  owned  by  him  to  another,  upon  the  filing  of  a  new  application 
and  upon  payment  of  the  proper  fees,  may  have  registered  in  his  name 
another  motor  vehicle  for  the  remainder  of  the  calendar  year;  provided, 
the  horse-power  of  such  motor  vehicle  is  the  same  as  that  of  the  motor 
vehicle  first  registered  by  him,  or  if  the  vehicle  sought  to  be  registered 
is  a  motorcycle;  but  if  the  horse-power  of  the  automobile  is  greater  than 
that  of  the  automobile  first  registered  by  him,  the  applicant  shall  pay, 
in   addition    to    the    said   fee,   the    difference    between    the    fee    paid   by 


1501  -  MOTOR  VEHICLES.  Act  2331a.  §  9 

him  for  the  said  vehicle  first  registered  and  the  fee  for  the  registration 
of  an  automobile  of  the  higher  horse-power,  as  provided  in  section  7 
of  this  act.  A  person  who  before  the  first  day  of  August  in  any  calendar 
year  transfers  the  ownership  or  loses  possession  of  an  automobile  regis- 
tered in  his  name  and  who  applies  for  the  registration  of  another  motor 
vehicle  of  less  horse-power  than  that  of  the  vehicle  so  transferred  shall 
be  entitled,  upon  payment  of  the  proper  fees  set  forth  in  section  7  of 
this  act,  to  a  rebate  equivalent  to  one-half  the  difference  between  the 
respective  fees  for  the  higher  and  lower  horse-powers,  and  a  person 
under  like  conditions  who  does  not  apply  for  the  registration  of  another 
automobile  but  who  on  or  before  the  first  day  of  September  in  the  same 
calendar  year  files  in  the  office  of  the  state  treasurer  a  written  applica- 
tion for  rebate  shall  be  entitled  to  a  rebate  of  one-half  the  fee  paid 
for  the  registration  of  such  vehicle;  provided,  however,  that  no  such 
rebate  shall  be  paid  except  upon  a  certificate  filed  with  the  state  board 
of  control,  setting  forth  the  facts,  and  signed  by  the  state  department 
of  engineering,  and  that  the  rebate  shall  be  paid  out  of  the  motor 
vehicle  fund.  The  said  department  at  its  discretion,  may  assign  to  the 
motor  vehicle  of  any  person  who  surrenders  his  registration  seal  as 
herein  provided  and  who  desires  to  register  another  motor  vehicle,  the 
register  number  of  the  motor  vehicle  described  in  the  surrender  seal. 
The  said  department  shall  furnish  without  charge  to  every  person  whose 
automobile  is  registered  as  aforesaid,  who  shall  apply  therefor  two  num- 
ber plates  of  suitable  design,  each  number  plate  to  have  displayed  upon 
it  the  register  number  assigned  to  such  vehicle,  and  one  number  plate 
of  suitable  design  shall  likewise  be  furnished  by  the  said  department  for 
every  motorcycle.  If  the  said  department  shall  determine  at  any  time 
that  for  any  reason  a  motor  vehicle  is  unsafe  or  improperly  equipped 
or  otherwise  unfit  to  be  operated,  it  may  refuse  to  register  such  vehicle, 
and  said  department  may  for  a  like  reason  revoke  any  registration  al- 
ready recorded.  The  horse-power  of  every  automobile  sought  to  be 
registered  shall  be  determined  by  the  said  department,  and  such  deter- 
mination shall  be  final  and  conclusive.  The  registration  of  every  motor 
vehicle  shall  expire  at  midnight  upon  the  thirty-first  day  of  December 
in  each  year. 

General  distinguishing  mark  for  dealers. 

§  9.  Every  manufacturer  of  or  dealer  in  motor  vehicles  may  make 
application  to  the  state  treasurer  or  his  duly  authorized  agent,  by  mail 
or  otherwise,  upon  a  blank  provided  by  the  department  of  engineering 
for  a  general  distinguishing  number  or  mark,  instead  of  registering  each 
motor  vehicle  owned  or  controlled  by  him,  and  with  such  application 
shall  be  deposited  the  proper  registration  fee,  as  provided  in  section  7 
of  this  act;  and  the  said  department  may  grant  the  application,  if 
satisfied  of  the  facts  stated  in  the  application,  and  issue  to  the  appli- 
cant a  certificate  of  registration  containing  the  name  and  hnsinosH 
address  of  the  applicant  and  the  general  distinguishing  number  or  mark 


Act  2331a,  §§  10, 11  general  laws.  1502 

assigned  to  him,  and  made  in  such  form  and  containing  such  further 
information  as  the  said  department  may  determine;  and  all  motor 
vehicles  owned  or  controlled  by  such  manufacturer  or  dealer  shall  btf 
regarded  as  registered  under  such  general  distinguishing  number  or 
mark  until  sold  or  let  for  hire  or  loaned  for  a  period  of  more  than 
ten  successive  days.  The  said  department  shall  furnish  transportation 
charges  to  the  address  of  any  appellant  within  the  state  prepaid,  with- 
out charge  to  every  manufacturer  of  or  dealer  in  automobiles  whose 
vehicles  are  registered  in  accordance  with  the  provisions  of  this  sec- 
tion five  pairs  of  number  plates  of  suitable  design,  the  plates  to  have 
displayed  upon  them  the  register  number  which  is  assigned  to  the  motor 
vehicles  of  such  manufacturer  or  dealer,  with  a  different  letter  or  let- 
ters or  mark  on  each  pair  of  number  plates. 

Not  applicable  to  nonresidents. 

§  10.  The  provisions  of  this  act,  whether  hereinbefore  or  hereinafter 
contained,  relative  to  registration  and  the  display  of  registration  or 
license  numbers,  shall  not  apply  to  a  motor  vehicle  owned  by  a  non- 
resident of  this  state  who  is  only  temporarily  within  this  state,  other 
than  a  foreign  corporation  doing  business  in  this  state;  provided,  that 
the  owner  thereof  shall  have  complied  with  the  provisions  of  the  law  of 
the  foreign  country  or  state  of  his  residence  relative  to  motor  vehicles 
and  the  registration  and  operation  thereof,  and  shall  conspicuously  dis- 
play upon  said  motor  vehicle,  while  operated  upon  the  public  highways 
of  this  state,  his  registration  number  as  required  by  the  provisions  of 
the  laws  of  said  foreign  country  or  state;  and  provided,  further,  that 
the  registration  number  plate  of  such  other  country  or  state  shall  be 
displayed  on  such  motor  vehicle  substantially  as  provided  in  this  act  for 
motor  vehicles  registered  pursuant  to  the  provisions  hereof. 

Number  plates  must  be  displayed.     On  motorcycles.     Numbers  kept  clear. 

§  11.  No  person  shall  operate  or  drive  a  motor  vehicle  on  the  public 
highways  of  this  state  unless  such  vehicle  shall  at  all  times  haA-e  the 
distinctive  number  assigned  to  it  by  the  said  department  or  its  duly  au- 
thorized agent  conspicuously  displayed  both  on  the  front  of  said  vehicle 
and  at  the  back  thereof,  upon  a  number  plate  of  such  size,  form  and 
character  as  provided  by  the  said  department  securely  fastened  to  such 
vehicle  so  as  to  prevent  the  same  from  swinging  at  a  minimum  distance 
of  sixteen  inches  from  the  ground;  and  no  person  shall  attach  to  or 
display  on  such  vehicle  any  number  plate  or  seal  assigned  to  it  under 
any  niotor  vehicle  law  than  this  act,  or  any  other  number  plate  or  seal 
than  that  assigned  for  the  current  year,  or  a  fictitious  number  plate 
or  seal;  provided,  that  one  number  plate  shall  be  displayed  upon  every 
motorcycle  in  a  conspicuous  position  securely  fastened  to  the  rear  wheel 
guard  of  such  motorcycle,  or  other  secure  position  at  the  rear  thereof, 
so  as  to  be  plainly  visible;  and  provided,  further,  that  all  letters,  num- 
bers, seals,  and  other  identification  marks  shall  be  kept  clear  and  dis- 
tinct, and  free  from  grease,  dust  or  other  blurring  matter,  so  that  they 


1503  MOTOR  VEHICLES.         Act  2331a,  §§  12-15 

shall  be  plainly  visible  at  all  times  during  daylight  and  under  artificial 
light  in  the  night-time. 

Gongs,  horns,  bells,  etc. 

§  12.  Every  motor  vehicle  shall  be  equipped  with  a  bell,  gong,  horn, 
whistle  or  other  device  in  good  working  order,  capable  of  emitting  an 
abrupt  sound  adequate  in  quality  and  volume  to  give  warning  of  the 
approach  of  such  vehicle  to  pedestrians  and  to  the  riders  or  drivers 
of  animals  or  of  other  vehicles  and  to  persons  entering  or  leaving  street, 
interurban  and  railroad  cars.  No  person  shall  sound  Such  bell,  gong, 
horn  or  whistle  or  other  device  for  any  purpose  except  as  a  warning 
of  danger. 

Lights  on  automobiles. 

§  13.  (a)  Every  motor  vehicle  other  than  a  motorcycle  while  in  use 
shall  carry  during  the  period  from  a  half  hour  after  sunset  to  a  half  hour 
before  sunrise,  and  at  all  times  when  fog  or  other  atmospheric  condi- 
tions render  the  operation  of  vehicles  unusually  dangerous  to  the  traffic 
and  use  of  the  highway,  at  least  two  lighted  lamps  showing  white  lights 
visible  under  normal  atmospheric  conditions  at  least  five  hundred  feet 
in  the  direction  toward  which  said  motor  vehicle  is  proceeding,  and  shall 
also  carry  at  the  rear  of  each  motor  vehicle  a  lighted  lamp  exhibiting 
one  red  light  plainly  visible  for  a  distance  of  five  hundred  feet  toward 
the  rear,  and  so  placed  that  the  number  carried  on  the  rear  of  such 
motor  vehicle  shall  be  illuminated  by  a  white  light  in  such  manner  that 
such  number  can  be  plainly  distinguished  under  normal  atmospheric  con- 
ditions at  a  distance  of  not  less  than  fifty  feet  in  the  reverse  direction 
to  which  such  vehicle  is  proceeding. 

On  motorcycles. 

(b)  Every  motorcycle  while  in  use  shall  carry  during  the  period  from 
a  half  hour  after  sunset  to  a  half  hour  before  sunrise  and  whenever 
fog,  or  other  atmospheric  conditions,  render  the  use  of  the  highway  by 
vehicles  unusually  dangerous  to  the  traffic  and  use  of  the  highway,  at 
least  one  lighted"  lamp  showing  a  white  light  visible  under  normal  at- 
mospheric conditions  at  least  two  hundred  feet  in  the  direction  toward 
which  the  motorcycle  is  proceeding,  and  shall  also  carry  at  the  roar  of 
such  motorcycle  one  red  light  or  one  red  reflex  mirror  plainlv  visible 
from  the  rear. 

§  14."  All  motor  vehicles  must  be  provided  at  all  times  with  adequate 
brakes  kept  in  good  working  order. 

Studs,  etc.,  on  tires.     Chains. 

§  15  No  tire  on  any  motor  vehicle  or  on  any  other  vchulc  shall 
have  on  its  periphery  any  block,  stud,  cleat,  ridge,  bead  or  any  other 
protuberance  of  metal  which  projects  '""''^^^han  one-fourth  of  an 
inch  beyond  the  tread  or  traction  surface  of  the  tir%,  but   this  Bection 


Act  2331a,  §§16-20  general  laws.  1504 

shall  not  be  so  construed  as  to  prohibit  the  use  of  tire  chains  of  rea- 
sonable proportions  on  motor  vehicles  when  required  for  safety  because 
of  snow,  ice  or  other  conditions  tending  to  cause  such  vehicles  to  slide 
or  skid,  nor  so  as  to  prevent  the  use  of  traction  engines  with  cleats  on 
the  driving  wheels  thereof  on  dirt  or  unimproved  roads. 

MuflQers,  etc. 

§  16.  Every  motor  vehicle  must  have  devices  in  good  working  order 
which  shall  be  at  all  times  in  constant  operation  to  prevent  excessive 
or  unusual  noise,  annoying  smoke  and  the  escape  of  gas,  steam  or  oil, 
as  well  as  the  falling  out  of  residue  from  fuel,  and  all  exhaust  pipes  carry- 
ing exhaust  gases  from  the  engine  shall  be  directed  parallel  to  the 
ground  or  slightly  upward.  Devices  known  as  "muffler  cutouts"  shall 
not  be  used  within  the  limits  of  any  incorporated  city  and  county  or 
city  within  the  state. 

Intoxicated  drivers. 

§  17.  No  intoxicated  person  shall  operate  or  drive  a  motor  or-  other 
vehicle  upon  any  public  highway  within  this  state. 

Owner's  consent. 

§  18.  No  person  shall  operate  a  motor  vehicle  without  the  consent 
of  the   owner  thereof. 

Chauffeurs  must  be  licensed. 

§  19.  No  person  shall  employ  for  hire  as  a  chauffeur  of  a  motor 
vehicle  any  person  not  licensed  as  in  this  act  provided.  No  person  shall 
allow  a  motor  vehicle  owned  by  him  or  under  his  control  to  be  operated 
by  any  person  who  has  no  legal  right  to  do  so,  or  in  violation  of  the 
provisions  of  this  act.  No  person  having  control  or  charge  of  a  motor 
vehicle  shall  allow  such  vehicle  to  stand  in  any  public  street  or  public 
highway  unattended  without  first  locking  or  making  it  fast  or  effectively 
setting  the  brakes  thereon,  and  stopping  the  motor  of  said  vehicle. 

Operation  on  highway.  Vehicles  passing  in  opposite  directions.  "Ve- 
hicle" defined. 
§  20.  (a)  The  driver  or  operator  of  any  vehicle  in  or  upon  any  public 
highway  shall  drive  or  operate  such  vehicle  in  a  careful  manner  with 
due  regard  for  the  safety  and  convenience  of  pedestrians  and  all  other 
vehicles  or  traffic  upon  such  highway,  and  wherever  practicable  shall 
travel  on  the  right-hand  side  of  such  highway.  When  two  vehicles  are 
passing  each  other  in  opposite  directions  they  shall  have  the  right  of 
way,  and  no  other  vehicle  to  the  rear  of  either  of  such  two  vehicles 
shall  pass  or  attempt  to  pass  such  two  vehicles,  and  on  all  occasions 
the  driver  or  operator  of  any  vehicle,  in  or  upon  any  public  highway 
shall  travel  upon  the  right  half  of  such  highway  when  the  road  ahead 
on  the  left-hand  side  is  not  clear  and  unobstructed  for  at  least  one  hun- 
dred yards,  and  for  the  purposes  of  this  section  the  term  "vehicle"  shall 


1505  MOTOR  VEHICLES.  Act  2331a,  §  20 

include  every  wagon,  hack,  coach,  carriage,  omnibus,  pushcart,  bieycfe, 
tricycle,  automobile,  sleigh,  or  other  conveyance,  except  baby  carriages, 
railroad,  street  and  interurban  railway  cars,  in  whatever  manner  or  by 
whatever  force  or  power  the  same  may  be  ridden,  driven  or  propelled, 
which  is  or  may  be  used  for  or  adapted  to  pleasure  riding  or  the  trans- 
portation of  passengers,  baggage,  merchandise  or  freight,  upon  the  high- 
way. 

Passing  in  opposite  directions. 

(b)  Vehicles  proceeding  in  opposite  directions  shall  pass  each  other  to 
the  right,  giving  as  nearly  as  possible  one-half  the  road  to  each. 

Passing  in  same  direction. 

(c)  Vehicles  overtaking  other  vehicles  proceeding  in  the  same  direc- 
tion shall  pass  to  the  left  thereof  and  shall  not  again  drive  to  the  right 
until  reasonably  clear  of  such  overtaken  vehicle. 

Duty  of  driver  passed. 

(d)  It  shall  be  the  duty  of  the  driver,  rider  or  operator  of  a  vehicle 
about  to  be  overtaken  to  give  way  to  the  right  in  favor  of  the  overtak- 
ing vehicle^  on  suitable  and  audible  signal  being  given  by  or  on  behalf 
of  the  operator,  driver  or  other  person  in  charge  and  control  of  such 
overtaking  vehicle  if  such  overtaking  vehicle  be  a  motor  vehicle. 

At  Intersecting  roads. 

(e)  Excepting  where  controlled  by  such  traffic  ordinances  or  regula- 
tions enacted  by  local  authorities  as  are  permitted  under  this  act  vehicles 
approaching  an  intersecting  road,  street  or  highway  shall  be  under  con- 
trol by  the  operators  thereof  so  as  to  permit  the  vehicle  on  the  right  of 
the  vehicle  approaching  to  first  cross  such  intersecting  road,  street  or 
highway. 

Signal  of  passing  vehicle. 

(f)  It  shall  be  the  duty  of  the  person  operating  or  in  charge  of  an  over- 
taking vehicle  to  sound  audible  and  suitable  signal  before  passing  a 
vehicle  proceeding  in  the  same  direction. 

Turning  at  intersections. 

(g)  All  vehicles  approaching  an  intersection  of  a  street,  road  or  high- 
way, with  the  intention  of  turning  thereat  shall  in  turning  to  the  right 
keep  to  the  right  of  the  center  of  such  intersection  and  in  turning  to  the 
left  shall  run  to  and  beyond  the  center  of  such  intersection,  passing  to 
the  right  thereof  before'turning  such  vehicle  toward  the  left. 

Precaution  against  frightening  horses. 

(h)   In  all  passing  and  overtaking  such  assistance  shall  be  given  by  the 
occupants  of  each  vehicle  respectively  to  the  other  as  tlic  circiirn.slanros 
shall  reasonably  demand  in  order  to  obtain  clearance  and  avoid  accidents; 
95 


Act  2331a,  §  20  general  laws.  1506 

every  person  having  control  or  charge  of  any  motor  vehicle  or  other 
vehicle  upon  any  public  highway  and  approaching  any  vehicle  drawn  by 
a  horse  or  horses,  or  any  horse  upon  which  any  person  is  riding,  shall 
operate,  manage  and  control  such  motor  vehicle  or  other  vehicle  in  such 
manner  as  to  exercise  every  reasonable  precaution  to  prevent  the  fright- 
ening of  any  such  horse  or  horses  and  to  insure  the  safety  and  protection 
of  any  person  riding  or  driving  the  same;  and  if  such  horse  or  horses 
appear  frightened  the  person  in  control  of  such  motor  vehicle  or  other 
vehicle  shall  reduce  its  speed,  and  if  requested  by  signal  or  otherwise 
by  the  driver  or  rider  of  such  horse  or  horses  shall  not  proceed  further 
toward  such  animal  or  animals  unless  such  movement  be  necessary  to 
avoid  accident  or  injury  until  such  animal  or  animals  be  under  the  con- 
trol of  their  driver  or  rider. 

Slowly  moving  vehicles,  to  the  right. 

(i)  The  person  in  control  of  any  vehicle  moving  slowly  along  and 
upon  any  public  highway  shall  keep  such  vehicle  as  closely  as  practicable 
to  the  right  hand  boundary  of  the  highway,  allowing  more  swiftly  moving 
vehicles  reasonably  free  passage  to  the  left. 

Turning,  stopping,  etc.,  on  highway. 

(j)  The  person  in  charge  of  any  vehicle  in  or  upon  any  public  high- 
way shall,  before  turning,  stopping  or  changing  the  course  of  such 
vehicle,  and  before  turning  such  vehicle  when  starting  the  same,  first 
see  that  there  is  sufficient  space  for  such  movement  to  be  made  in  safety, 
and  if  the  movement  or  operation  of  other  vehicles  may  reasonably  be 
affected  by  such  turning,  stopping  or  changing  of  course,  shall  give 
plainly  visible  or  audible  signal  to  the  persons  operating,  driving  or  in 
^harge  of  such  vehicles  of  his  intention  so  to  turn,  stop  or  change  his 
course. 

Passing  street-cars. 

(k)  In  passing  railroad,  interurban  or  street-ears  operated  in  any  city, 
town  or  village  in  this  state,  vehicles  shall  be  operated  with  due  care 
and  caution  so  that  the  safety  of  passengers  alighting  from  or  boarding 
such  car  shall  be  protected,  and  for  that  purpose  said  vehicle  shall  be 
brought  to  a  full  stop  if  reasonably  necessary  to  attain  the  objects  of 
this  subdivision. 

Motor  vehicles  on  mountain  roads. 

(1)  Every  motor  vehicle  when  moving  in  defiles,  canyons  or  mountain 
passes  where  the  curvature  of  the  road  or  highway  prevents  a  clear  view 
for  a  distance  of  one  hundred  yards  shall  be  held  under  control  and  not 
permitted  to  coast  and  the  operator  thereof  in  approaching  curves  shall 
give  a  warning  of  his  approach  with  frequent  blasts  or  strokes  of  horn, 
bell,  whistles,  gong  or  other  adequate  signaling  device,  and  upon  all 
curves  to  the  right  shall  keep  to  the  inside  of  said  curve  and  upon  all 
curves  to  the  left  shall  keep  to  the  outside  of  said  curve. 


1507  ^  MOTOR  VEHICLES.         Act  2331a,  §§  21, 22 

Police  patrol,  fire-engines,  etc.,  have  right  of  way. 

(m)  Police  patrol  wagons,  police  ambulances,  fire  patrols,  fire-engines 
and  fire  apparatus  shall  in  all  cases  while  being  operated  as  such,  have 
right  of  way,  with  due  regard  to  the  safety  of  the  public;  but  this  pro- 
vision shall  not  protect  the  driver  or  operator  of  any  such  vehicle  or  his 
employer  or  principal  from  the  consequence  of  the  arbitrary  exercise  of 
this  right  or  for  injuries  willfully  inflicted. 

Traction  engines. 

(n)  Provided,  that  this  section  shall  apply  also  to  traction  engines, 
road  rollers  and  to  other  self-propelling  vehicles,  excepting  as  in  this 
article  specifically  excepted,  where  used  neither  for  the  conveyance  of 
persons  for  hire,  pleasure  or  business,  nor  for  the  transportation  of 
freight. 

In  case  of  accident. 

§  21.  In  case  of  accident  or  injury  to  person  or  property  of  the  public 
highways  due  to  the  operation  thereon  of  any  vehicle  the  person  oper- 
ating, driving  or  otherwise  in  control  of  the  same  shall  stop,  and  upon 
request  of  the  person  injured  or  whose  property  has  suffered  injury,  or 
any  other  person  present,  shall  give  such  person  his  name  and  address 
and  the  registration  number  of  his  vehicle  if  it  be  a  motor  vehicle  and 
if  such  person  operating,  driving  or  otherwise  in  control  of  such  vehicle 
is  not  the  owner  thereof,  his  license  number,  if  he  is  an  operator  or 
chauffeur,  and  the  name  and  address  of  the  owner  of  such  vehicle. 

No  road  races  without  permission. 

§  22.  (a)  No  races  or  contests  for  speed,  whether  on  a  bet  or  wager 
or  otherwise,  shall  be  held  upon  any  public  highway  within  this  state 
without  the  permission  of  the  proper  authorities  of  the  state,  county, 
city  and  county,  city  or  town,  having  jurisdiction  over  such  portion 
of  the  highway  as  is  intended  to  be  used  for  such  race  or  contest,  and 
unless  such  highway  is  fully  and  eificiently  patrolled  for  the  entire  dis- 
tance over  which  such  race  or  contest  for  speed  is  to  be  held. 

Kate  of  speed. 

(b)  Every  person  operating  or  driving  a  motor  or  other  vehicle  on  the 
public  highways  of  this  state  shall  operate  or  drive  the  same  in  a  care- 
ful and  prudent  manner  and  at  a  rate  of  speed  not  greater  than  is 
reasonable  and  proper,  having  regard  to  the  traffic  and  use  of  the  high- 
way, and  no  person  shall  operate  or  drive  a  motor  or  other  vehiclp  on 
a  public  highway  at  such  rate  of  speed  as  to  endanger  the  life  or  linib 
of  any  person  or  the  safety  of  any  property;  provided,  that  it  shall  bo 
unlawful  to  drive  at  a  rate  of  speed  in  excess  of  thirty  miles  an  hour; 
and  provided,  further,  that  in  any  event  no  person  shall  operate  or  dnvo 
a  motor  or  other  vehicle  on  any  public  highway  where  the  territory 
contiguous  thereto  is  closely  built  up,  at  a  greater  rate  of  SF-eod  than 
one  mile  in  three  minutes,  or  in  the  business  district  of  any  incorporated 


Act  2331a,  §§  23, 24  general  laws.  1508 

city  and  county,  city  or  town,  at  a  greater  rate  than  one  mile  in  four 
minutes,  or  at  a  greater  rate  of  speed  than  one  mile  in  six  minutes 
where  the  operator's  or  chauffeur's  view  of  the  road  traffic  is  obstructed 
either  upon  approaching  an  intersecting  way,  or  in  traversing  a  crossing 
or  intersection  of  ways,  or  in  approaching  or  traversing  a  bridge,  dam, 
trestle,  causeway  or  viaduct,  or  in  going  around  corners  or  a  curve  in 
a  street  or  highway. 

Suspension  or  revocation  of  registration  for  cause. 

§  23.  The  state  engineering  department  may  suspend  or  revoke  the 
registration  of  any  motor  vehicle  or  the  license  issued  to  any  person 
under  the  provisions  of  this  act,  after  due  hearing,  for  any  cause  which 
it  may  deem  sufficient,  and  may  order  the  seal  and  number  plate  or 
license  to  be  delivered  to  it  whenever  it  appears  upon  hearing  that  the 
holder  thereof  is  an  improper  or  incompetent  person  to  operate  motor 
vehicles,  or  is  operating  a  motor  vehicle  improperly  or  so  as  to  endanger 
the  public;  and  neither  the  registration  seal  nor  the  license  shall  be 
reissued  unless,  after  a  hearing,  the  said  department  determines  that 
the  operator  or  chauffeur  should  again  be  permitted  to  operate. 

Application,  form,  etc.,  of  license.     Chauffeur's  license,  etc.     Badge. 

§  24.  Application  to  operate  motor  vehicles  may  be  made  by  mail 
or  otherwise  to  the  state  treasurer  upon  blanks  prepared  by  the  state 
department  of  engineering.  The  fees  provided  in  section  7  sliall  accom- 
pany the  application.  To  each  person  shall  be  assigned  some  distin- 
guishing number  or  mark  and  the  licenses  issued  shall  be  in  such  form 
as  the  said  department  may  determine;  they  shall  contain  the  distin- 
guishing number  or  mark  assigned  the  licensee,  his  name,  place  of  resi- 
dence and  address,  and  a  brief  description  of  the  licensee  for  the 
purposes  of  identification;  and  such  other  information  as  the  said  de- 
partment shall  deem  necessary.  Special  licenses  shall  be  issued  to 
chauffeurs,  but  no  such  license  shall  be  issued  to  any  person  less  than 
sixteen  years  of  age.  Every  person  licensed  to  operate  motor  vehicles 
as  aforesaid  shall  indorse  his  usual  signature  on  the  margin  of  the 
license  in  the  space  provided  for  the  purpose,  immediately  upon  the 
receipt  of  said  license,  and  such  license  shall  not  be  valid  until  so  in- 
dorsed. The  license  issued  to  chauffeurs  shall  be  valid  for  one  year  only 
from  the  date  of  issue.  The  said  department  shall  furnish  to  every 
chauffeur  so  licensed  a  suitable  metal  badge  with  the  distinguishing 
number  assigned  to  him  stamped  thereon,  without  extra  charge  there- 
for, such  badge  to  have  stamped  thereon  the  words  "Registered  Chauffeur 

No.    ,    Cal."    with    the    said    license    number    inserted    therein.     This 

badge  shall  thereafter  be  worn  by  such  chauffeur,  affixed  to  his  clothing 
in  a  conspicuous  place,  at  all  times  when  he  is  operating  or  driving  a 
motor  vehicle  upon  the  public  highway,  but  shall  be  valid  only  for  a 
period  of  one  year  from  the  date  of  issuance.  In  case  of  the  loss  of 
such   badge   a   duplicate   will   be   issued  by  the   said   department  on   the 


1509  MOTOR  VEHICLES.         Act  2331a,  §§  2;>-29 

sending  of  an  affidavit  showing  the  fact  of  loss  and  on  payment  of  a 
fee  of  one  dollar  ($1)  to  the  state  treasurer.  An  application  for  the 
annual  renewal  of  a  chauffeur's  license  shall  be  accompanied  by  the 
proper  fee  required  by  this  act. 

Register  of  applications. 

§  25.  Upon  the  receipt  of  an  application  as  provided  in  section  24 
of  this  act  the  department  of  engineering  shall  thereupon  file  the  same, 
and  register  the  applicant  in  a  book  or  on  index  cards  which  shall  be 
kept  in  the  same  manner,  subject  to  public  inspection,  as  the  books  or 
index  cards  for  the  registration  of  motor  vehicles. 

Use  of  fictitious  name,  etc.,  prohibited. 

§  26.  No  person  shall  use  a  fictitious  name  in  applying  for  such 
chauffeur's  license,  nor  shall  any  chauffeur,  licensed  as  herein  provided, 
voluntarily  permit  any  other  person  to  possess  or  use  his  license,  or 
badge;  nor  shall  any  person  while  operating  or  driving  a  motor  vehicle 
use  or  possess  any  license  or  badge  belonging  to  another  person,  or  a 
fictitious  license  or  badge. 

Persons  operating  motor  vehicles  must  comply  witn  act  after  December 
31,  1913. 
§  27.  No  person  shall  operate  or  drive  a  motor  vehicle  upon  a  public 
highway  of  this  state  after  the  thirty-first  day  of  December,  19i:i,  unless 
such  person  shall  have  complied  in  all  respects  with  the  requirements 
of  this  act;  provided,  however,  that  a  nonresident  operator  or  chauffeur 
who  has  complied  with  the  provisions  of  the  country  or  state  of  his 
residence  relative  to  the  operation  of  motor  vehicles,  shall  be  exempt 
from  license  hereunder  for  a  period  of  three  months;  provided,  further, 
that  when  operating  a  motor  vehicle  he  shall  wear  a  badge  assigned  to 
him  in  the  country  or  state  of  his  residence. 

Unauthorized  use  of  vehicle  a  felony. 

§  28.  Any  person  who  shall  drive  or  operate,  or  cause  to  be  driven 
or  operated,  upon  any  public  highway  within  the  state,  any  motor 
vehicle  not  his  own,  with  or  without  intent  to  steal  the  same,  in  the 
absence  of  the  owner  thereof  and  without  such  owner's  consent,  shall  be 
guilty  of  a  felony;  provided,  however,  that  this  section  shall  not  bo 
applicable  to  motor  vehicles,  the  fair  value  of  which  at  the  time  of  the 
commencement  of  such  unauthorized  use  is  less  than  three  hundred 
dollars. 

Unauthorized  use  of  machine  wcrth  less  than  three  hundred  dollars  a 
misdemeanor.  ,    n    i  • 

§  29.  Anv  person  who,  with  or  without  intent  to  steal,  shall  drive 
or  operate,  or  cause  to  be  driven  or  operated,  upon  any  public  highway 
witliin  this  state,  any  motor  vehicle  not  his  own,  of  a  fair  va  ii.-.  at  tho 
time  of  the  commencement  of  .such  unauth...  i /..l   i.^-,  ..f  l.'ss  than   tl.rm 


Act  2331a,  §§30-33  general  laws.  1510 

hundred  dollars  ($300),  in  the  absence  of  the  owner  thereof  and  without 
such  owner's  consent,  shall  be  guilty  of  a  misdemeanor. 

Breaking,  injuring,  etc.,  vehicle  a  misdemeanor. 

§  30.  (a)  Any  person  who  shall  individually  or  in  association  with 
one  or  more  others,  willfully  break,  injure,  tamper  with  or  remove  any 
part  or  parts  of  any  motor  vehicle,  for  the  purpose  of  injuring,  defacing 
or  destroying  such  vehicle,  or  temporarily  or  permanently  preventing  its 
useful  operation,  or  for  any  other  purpose  against  the  will  or  without 
the  consent  of  the  owner  of  such  vehicle,  or  who  shall  in  any  other 
manner  willfully  or  maliciously  interfere  with  or  prevent  the  running 
or  operation  of  such  vehicle,  shall  be  guilty  of  a  misdemeanor. 

Getting,  into  vehicle  etc.,  without  consent  misdemeanor. 

(b)  Any  person  who  shall,  without  consent  of  the  owner,  or  person 
in  charge,  of  a  motor  vehicle,  climb  upon  or  into  such  vehicle,  whether 
the  same  be  in  motion  or  at  rest;  or  who,  while  such  vehicle  is  at  rest 
and  unattended,  shall  attempt  to  manipulate  any  of  the  levers,  the 
starting  crank,  brakes,  or  mechanism  thereof,  or  to  set  said  vehicle  in 
motion  shall  be  guilty  of  a  misdemeanor. 

Chauffeur  prohibited  from  receiving  bonus  on  supplies,  etc. 

§  31.  No  chauffeur  or  other  person  having  the  care  of  a  motor  vehicle 
for  the  owner  shall  receive  or  take,  directly  or  indirectly,  without  the 
written  consent  of  such  owner,  any  bonus,  discount  or  other  considera- 
tion for  supplies  or  parts  furnished  or  purchased  for  such  motor  vehicle, 
or  on  any  work  or  labor  done  thereon  by  others,  or  on  the  purchase 
of  any  motor  vehicle  for  his  employer;  and  no  person  furnishing  such 
supplies  or  parts,  work  or  labor,  or  selling  any  motor  vehicle  shall  give 
or  offer  any  such  chauffeur  or  other  person  having  the  care  of  a  motor 
vehicle  for  the  owner  thereof,  directly  or  indirectly,  without  such  owner's 
written  consent,  any  bonus,  discount,  or  other  consideration  thereon. 
Any  person  violating  this  section  shall  be  guilty  of  a  misdemeanor. 

Penalty, 

§  32.  Excepting  as  in  this  act  otherwise  expressly  provided,  any  per- 
son violating  any  of  its  provisions  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  unless  in  this  act  otherwise  expressly 
provided,  shall  be  punishable  by  a  fine  not  exceeding  one  hundred  dol- 
lars, or  by  imprisonment  not  exceeding  thirty  days,  or  both,  for  the 
first  offense;  and  punishable  by  fine  of  not  less  than  fifty  dollars  nor 
more  than  one  hundred  dollars,  or  imprisonment  not  exceeding  thirty 
days,  or  both,  for  a  second  offense;  and  punishable  by  a  fine  of  not 
less  than  one  hundred  dollars  nor  more  than  two  hundred  and  fifty  dol- 
lars, or  imprisonment  not  exceeding  thirty  days,  or  both,  for  a  third  or 
subsequent  offense. 

Penalty  for  violating  section  28. 

§  33.  Any  person  violating  any  of  the  provisions  of  section  28  of 
this  act  shallf  on  conviction  thereof,  be  punishable  by  imprisonment  in 


1511  MOTOR  VEHICLES.  Act  2331a,  §  34 

the   state  prison   for  a  term   of  not  less  than   one  year   nor  more   than 
five  years. 

False  statement  in  application. 

§  3-i.  (a)  Any  person  who  willfully,  with  intent  to  deceive,  makes 
a  false  statement  in  his  verified  application  for  license  as  chauffeur,  shall 
be  guilty  of  a  misdemeanor. 

Penaity  for  driving  vehicle  while  intoxicated. 

(b)  Any  person  operating  or  driving  a  motor  or  other  vehicle  while 
intoxicated  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punishable  by  a  fine  of  not  less  than  ten  dollars  ($10)  nor 
more  than  two  hundred  dollars  ($200)  or  by  imprisonment  not  exceeding 
thirty  days,  or  both,  for  the  first  offense;  and  punishable  by  a  fine  of 
not  less  than  twenty-five  ($25)  dollars  nor  more  than  four  hundred 
dollars  ($400),  or  imprisonment  not  less  than  ten  nor  more  than  sixty 
days,  or  both  such  fine  and  imprisonment,  for  a  second  offense;  and 
punishable  by  imprisonment,  without  the  alternative  of  fine  of  not  less 
than  thirty  days  nor  more  than  ninety  days,  for  a  third  or  subsequent 
offense. 

Owner's  penalty  for  violating  section  11. 

(c)  The  owner  of  any  motor  vehicle  driving  the  same  or  causing  or 
suffering  the  same  to  be  driven  or  operated  on  any  public  highway  of 
this  state,  in  violation  of  any  of  the  provisions  of  section  11  of  this 
act  shall  be  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be 
punishable  in  the  manner  and  to  the  extent  provided  in  section  32  of 
this  act;  provided,  however,  that  this  subdivision  shall  not  affect  the 
liability  to  punishment  of  the  person,  other  than  the  owner,  driving  or 
operating  such  motor  vehicle. 

Penalty  for  violating  section  21.  ■ 

(d)  Any  person  violating  any  of  the  provisions  of  section  21  of  this 
act  shall  "^be  guilty  of  a  misdemeanor;  and  on  conviction  thereof  shall 
be  punishable  in  the  manner  and  to  the  extent  provided  in  section  32 
of  this  act;  provided  however,  that  the  fine  for  the  first  offense,  in  case 
a  fine  be  imposed,  shall  not  be  less  than  fifty  ($50)  dollars,  and  the 
term  of  imprisonment,  if  a  sentence  of  imprisonment  be  imposed,  ahall 
be  not  less  than  ten  days. 

Penalty  for  violating  section  11. 

(e)  Any  person,  other  than  the  owner,  driving  or  operating  a  motor 
vehicle  on  any  public  highwav  of  this  state,  knowingly  violating  any  of 
the  provisions  of  section  11  o'f  this  act  shall  be  guilty  of  a  m.s.lem.-anor, 
and  on  conviction  thereof  shall  be  punishable  in  the  manner  and  to  tho 
extent  provided  in  section  32  of  this  art,  but  this  subdivision  shnll  not 
affect  the  liability  to  punishment  of  the  person  or  persona  owning  Buch 
vehicle. 


Act  2331a,  §  35  general  laws.  1512 

Penalty  for  violating  section  26. 

(f)  Any  person  violating  any  of  the  provisions  of  section  26  of  this 
act  shall  be  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall 
be  punishable  in  the  manner  and  to  the  extent  provided  in  section  32 
of  this  act;  provided,  however,  that  the  fine  for  the  first  offense,  in  case 
a  fine  be  imposed,  shall  be  not  less  than  fifty  ($50)  dollars,  and  the  terra 
of  imprisonment,  if  a  sentence  of  imprisonment  be  imposed,  shall  be  not 
less  than  ten  days. 

Penalty  for  violating  section  31. 

(g)  Any  person  violating  any  of  the  provisions  of  section  31  of  this 
act  shall  be  guilty  of  a  misdemeanor,  and,  on  conviction  thereof  shall 
be  punishable  by  a  fine  of  not  less  than  fifty  dollars  ($50),  nor  more  than 
five  hundred  dollars  ($500),  or  by  imprisonment  in  the  county  jail  for 
not  less  than  sixty  days  nor  more  than  six  months,  or  by  both  such  fine 
and  imprisonment;  provided,  however,  that  nothing  in  this  section  con- 
tained, excepting  as  therein  expressly  and  specially  provided,  shall 
be  deemed  to  modify  or  otherwise  affect  the  liability  to  punishment  of 
any  and  all  persons  violating  any  of  the  provisions  of  this  act,  as  set 
forth  and  provided  for  in  section  32  of  this  act. 

Additional  penalties. 

(h)  In  addition  to  all  other  punishments  herein  provided,  the  court 
may  for  a  definite  period  suspend  or  revoke  an  operator's  or  chauffeur's 
license  upon  conviction  of  the  licensee  for  violation  of  any  of  the  pro- 
visions of  this  act. 

Fees  paid  into  motor  vehicle  fund.  One-half  to  counties.  Net  receipts. 
Semi-annual  reports.  Records  turned  over  to  engineering  depart>- 
ment. 
§  35.  All  fees  or  other  moneys  paid  to  or  collected  by  the  state  treas- 
urer, under  the  provisions  of  this  act,  shall  be  placed  in  a  fund  which 
shall  be  known  as  the  "motor  vehicle  fund,"  which  fund  is  hereby 
created;  provided,  that  one-half  of  the  net  receipts  under  this  act  shall 
be  returned  to  the  counties  from  which  received,  as  determined  by  the 
places  of  residence  of  the  persons  to  whom  the  licenses  are  issued,  and 
all  such  amounts  returned  shall  be  paid  into  the  road  funds  of  the  several 
counties  receiving  the  same.  In  the  event  that  any  county  has  not  es- 
tablished a  road  fund,  its  pr(3portion  of  the  receipts  shall  be  retained 
by  the  state  until  provision  for  such  road  fund  has  been  made,  and  it 
shall  then  be  paid  over.  For  the  purposes  of  this  section  the  city  and 
county  of  San  Francisco  shall  be  considered  a  county.  Net  receipts  in 
the  meaning  of  this  section  shall  be  the  balance  of  receipts  remaining 
after  payment  of  all  expenses  in  the  administration  and  the  enforce- 
ment of  this  act.  In  the  months  of  January  and  July  of  each  year  the 
engineering  department  shall  make  to  the  controller  a  report  setting 
forth  the  gross  and  net  receipts  for  the  preceding  «:ix  months,  and  there- 
after the  controller  shall  draw  his  warrant  upon  the  motor  vehicle  fund 


1513  MOTOR  \^HicLES.         Act  2331a,  §§  36, 37 

in  favor  of  the  county  treasurer  of  each  county  for  the  amount  to 
which  such  county  is  entitled.  Any  unexpended  balance  of  money 
heretofore  appropriated  for  the  purpose  of  carrying  out  the  objects  of 
an  act  entitled  "An  act  to  regulate  the  operation  of  motor  vehicles  on 
public  highways,  and  making  an  appropriation  for  the  purpose  of  carry- 
ing out  the  objects  of  this  act,"  and  all  acts  or  parts  of  acts  amendatory 
thereof,  shall  be  placed  under  the  control  of  the  state  department  of 
engineering  and  the  state  controller  shall  transfer  said  money  to  said 
"motor  vehicle  fund,"  and  all  records  now  filed  in  the  office  of  the  sec- 
retary of  state  by  reason  and  by  virtue  of  said  last-named  act,  shall 
upon  the  taking  effect  of  this  act  be  turned  over  hj  the  secretary  of 
state  to  the  state  treasurer,  and  such  portion  thereof  as  may  be  deemed 
necessary  by  the  state  treasurer  shall  be  retained  by.  him  and  the  re- 
mainder delivered  to  the  department  of  engineering  for  its  use. 

Fines  paid  into  good  roads  fund. 

§  36.  Any  and  all  fines  or  forfeitures  collected  by  or  in  any  court 
for  violation  of  any  of  the  provisions  of  this  act,  whether  by  a  justice 
of  the  peace,  police  court,  city  recorder's  court,  city  justice  of  the  peace, 
or  otherwise,  shall  be  paid  to  the  treasurer  of  the  county  or  city  and 
county,  in  which  the  court  is  held;  whereupon  the  treasurer  of  the 
county  or  city  and  county,  at  intervals  of  not  greater  than  once  a  month 
shall  place  such  moneys  in  a  fund  to  be  called  the  "county  good  roads 
fund,"  or  "city  and  county  good  roads  fund,"  as  the  case  may  be,  which 
shall  be  used  by  the  highway  commission  of  the  county  or  city  and 
county,  as  the  case  may  be,  or  by  the  board  of  supervisors  of  the  county 
or  city  and  county,  as  the  case  may  be,  if  in  such  county  or  city  and 
county,  there  shall  be  no  highway  commission  for  the  construction,  im- 
provement, maintenance  and  repair  of  such  roads  as  shall  be  designated 
by  said  highway  commission  or  board  of  supervisors,  as  the  case  may 
be,  with  regard  to  the  proper  and  just  distribution  of  the  benefits  of 
this  act  throughout  the  county  or  city  and  county. 

Record  of  cases  to  be  sent  to  engineering  department. 

§  37.  A  full  record  shall  be  kept  by  every  justice  of  the  peace  or 
police  judge  or  court  in  this  state  of  every  case  in  which  a  jx.tsou  is 
charged  with  a  violation  of  any  provisions  of  this  act  or  of  any  other  act 
relative  to  motor  vehicles  or  to  the  operation  of  such  vehicles,  and  an 
abstract  of  such  record  shall  be  sent  forthwith  by  the  justice  of  the 
peace,  or  police  judge  or  court  to  the  state  department  of  engincenug 
Said  abstracts  shall  be  made  upon  forms  prepared  by  the  (iei>artnu'nL, 
which  shall  be  obtained  by  the  justice  of  the  peace,  or  police  |u.lgo  or 
court  from  the  county  clerk  of  his  county,  and  shall  include  all  neceii- 
sary  information  as  to  the  parties  to  the  case,  the  names  of  the  ofTense, 
the  date  of  the  hearing,  the  plea,  the  judgment,  the  result,  I  lo  amount 
of  the  fine  or  forfeiture  as  the  case  may  be,  and  every  such  ahstract 
shall  be  certified  by  the  justice  of  the  peace,  police  judge  or  clerk  of 


Act  2331a,  §§  38, 39  general  laws.  1514 

such  police  court  as  a  true  abstract  of  the  record  of  the  court.  The  said 
department  shall  keep  such  records  in  its  office,  and  they  shall  be  open  to 
the  inspection  of  any  person  during  reasonable  business  hours.  Jus- 
tices of  the  peace  and  police  judges  and  courts  shall  furnish  to  the  de- 
partment the  details  of  all  particularly  flagrant  cases  which  may  be 
heard  before  then;  and  they  may  make  such  recommendations  to  the 
department  as  to  the  suspension  or  revocation  of  the  licenses  and  seals 
of  registration  of  the  persons  defendant  in  such  cases  as  they  may  deem 
necessary. 

Appropriation.     Repajrment  of  appropriation. 

§  38.  There  is  hereby  appropriated  out  of  any  moneys  in  the  state 
treasury  not  otherwise  appropriated  the  sum  of  ten  thousand  dollars 
(.$10,000)  to  be  used  by  the  department  of  engineering  in  the  employ- 
ment of  the  necessary  clerical  and  other  help;  the  purchase  of  the  neces- 
sary stationery,  books  and  postage;  for  the  necessary  incidental  ex- 
penses; for  printing,  ruling,  binding,  and  other  work  performed  and 
materials  iised  by  the  state  printing  office  and  for  the  printing  by  the 
state  printing  office  of  one  hundred  and  fifty  thousand  copies  of  this 
act,  which  said  copies  are  to  be  distributed  on  demand,  without  charge, 
by  the  department.  When  there  are  sufficient  moneys  in  the  said  "motor 
vehicle  fund"  to  carry  out  the  objects  of  this  act  to  repay  the  state 
treasury  the  amounts  expended  by  the  department  under  this  appropria- 
tion, the  department  shall  notify  the  state  controller,  who,  thereupon, 
shall  retransfer  to  the  general  fund  of  the  state  from  said  "motor  vehicle 
fund"  the  equivalent  of  the  amounts  so  expended  by  the  department 
and  the  unexpended  balance  of  this  appropriation.  Moneys  shall  be 
drawn  from  said  sum  of  ten  thousand  dollars  ($10,000),  for  the  purposes 
named  in  this  section  upon  warrants  duly  drawn  by  the  controller  of 
the  state  upon  demands  made  by  the  department  and  audited  by  the  state 
board  of  control. 

Expenditure.  Revolving  fund.  Assistants'  salaries.  Maintenance  of 
highways. 
§  39.  Of  the  moneys  in  said  motor  vehicle  fund  the  department  of 
engineering  shall  be  authorized  to  expend  ten  thousand  dollars,  or  as 
much  thereof  as  may  be  needed,  in  payment  of  such  expenses  as  are 
necessary  to  carry  out  the  provisions  of  this  act,  and  a  sum  not  to  exceed 
one  thousand  five  hundred  dollars  of  said  ten  thousand  dollars  may,  when 
such  action  has  been  authorized  by  the  board  of  control,  be  drawn  with- 
out at  the  time  furnishing  vouchers  and  itemized  statements;  the  sum 
so  drawn  shall  be  used  as  a  revolving  fund  where  cash  advances  are 
necessary,  and  at  the  close  of  each  fiscal  year,  or  at  any  other  time, 
upon  demand  of  the  board  of  control,  must  be  accounted  for  and  sub- 
stantiated by  vouchers  and  itemized  statements  submitted  to  and  au- 
dited by  the  board  of  control  and  the  controller;  the  engineering 
department  shall  have  the  power  to  appoint  such  assistance  and  help  aa 


1515  MOTOR  VEHICLES.         Act  2331a,  §§  40-42 

it  may,  in  its  judgment,  deem  necessary,  and  shall  fix  their  salaries  and 
compensation  and  prescribe  their  duties.  Also  the  state  treasurer  shall 
be  authorized  to  expend  five  thousand  dollars  annually,  or  so  much 
thereof  as  may  be  needed,  in  the  employment  of  the  necessary  clerical 
and  other  help,  the  purchase  of  stationery,  books  and  postage,  "and  such 
other  expense  as  he  may  deem  necessary  in  the  collection  of  the  said 
tax,  the  said  amount  to  be  transferred  from  the  motor  vehicle  fund  into 
a  revolving  fund;  the  remainder  in  such  revolving  fund,  if  any  at  the 
end  of  each  fiscal  year,  to  revert  to  the  said  motor  vehicle  fuiid.  The 
remaining  moneys  in  the  motor  vehicle  fund  shall  be  expended,  under 
the  sole  direction  of  the  department  of  engineering,  for  the  maintenance 
of  state  highways  without  specific  appropriation  by  the  legislature,  in 
addition  to  all  sums  already  or  hereafter  appropriated  by  the  legislature 
for  the  same  j)urpose.  Moneys  shall  be  drawn  from  said  motor  vehicle 
fund  for  the  purposes  of  this  act  upon  warrants  drawn  by  the  con- 
troller of  the  state,  upon  demands  made  by  the  departments  and  audited 
by  the  state  board  of  control. 

Title  of  act. 

§  40.  This  act  shall  be  known  and  cited  as  the  "motor  vehicle  act." 
An  act  entitled  "An  act  to  regulate  the  operation  of  motor  vehicles  on 
public  highways,  and  making  an  appropriation  for  the  purpose  of  carry- 
ing out  the  objects  of  this  act,"  approved  March  22,  1905,  and  ail  acts 
or  parts  of  acts  amendatory  thereof  are  hereby  expressly  repealed,  and 
all  other  acts  and  parts  of  acts  inconsistent  herewith,  are  hereby  re- 
pealed. 

Continuation  of  existing  statutes. 

§  41.  The  provisions  of  this  act,  so  far  as  they  are  the  same  as  those 
of  existing  statutes,  shall  be  construed  as  a  continuation  thereof,  and 
not  as  new  enactments;  and  a  reference  in  a  statute  which  has  not 
been  repealed  to  provisions  of  law  which  have  been  revised  and  re- 
enacted  herein  shall  be  construed  as  applying  to  such  provisions  as  so 
incorporated  in  this  act.  The  repeal  of  a  law  by  this  act  shall  not 
affect  any  act  done,  ratified  or  confirmed,  or  any  right  accrued  or  estab- 
lished, or  any  action,  suit  or  proceeding  begun  under  any  of  tlie  laws 
repealed  before  the  repeal  took  effect;  but  the  proceedings  in  such  case 
shall,  when  necessary,  conform  to  the  provisions  of  tliis  lu't. 

Constitutionality  of  act. 

§  42.  If  any  section,  subsection,  sentence,  clause  or  phra.sc  of  this 
act  is  for  any  reason  held  to  be  unconstitutional,  such  decision  sh;i!l  not 
affect  the  validity  of  the  remaining  portions  of  this  act.  The  legisla- 
ture hereby  declares  that  it  would  have  pas.=ed  this  act.  and  each  sorfion, 
subsection,  sentence,  clause,  and  phrase  thereof,  irrespective  of  the  fact 
that  any  one  or  more  sections,  subsections,  sentences,  clauses,  or  iihrasca 
be  declared  unconstitutional. 


Acts  2332a,  2333  general  laws.  1516 

In  effect. 

§  43.  Section  38  of  this  act  and  such  provisions  hereof  as  relate  to 
the  preparation  and  purchase  of  forms,  supplies,  and  other  work  incident 
to  the  registration  of  motor  vehicles  and  licensing  the  operators  thereof 
shall  take  effect  ninety  days  after  the  final  adjournment  of  this  session 
of  the  legislature,  and  the  remainder  of  this  act  shall  take  effect  at 
midnight  on  the  thirty-first  day  of  December,  in  the  year  one  thousand 
nine  hundred  and  thirteen. 

TITIiE  333. 

MUNICIPAL  COEPOEATIONS. 
ACT  2332a. 

An  act  authorizing  any  municipal  corporation,  using  the  word  "town" 
in  its  corporate  name,  to  change  such  word  to  "city"  and  providing 
the  procedure  therefor. 

[Approved  March  1,  1911.     Stats.  1911,  p.  93.] 

Changing  "town"  to  "city,"  procedure. 

§  1.  Any  municipal  corporation  within  this  state,  except  freeholder 
charter  city,  may  eliminate  the  word  "town"  in  its  corporate  name  and 
insert  in  place  thereof,  the  word  "city,"  as  in  this  act  provided.  The 
council,  board  of  trustees  or  other  legislative  body  of  such  municipal 
corporation  may,  by  ordinance,  upon  receiving  a  petition  asking  that  the 
word  "town"  be  eliminated  or  dropped  from  the  corporate  name  of 
such  municipality  and  the  word  "city"  be  substituted  therefor,  signed  by 
not  less  than  twenty-five  per  cent  of  the  qualified  electors  thereof,  as 
shown  by  the  vote  cast  at  the  last  municipal  general  election  held 
therein,  eliminate  the  word  "town"  from  the  corporate  name  of  such 
municipality  and  substitute  in  place  thereof,  the  word  "city."  Upon  the 
adoption  of  such  ordinance,  the  clerk  of  such  municipality  must  file  a 
statement  with  the  secretary  of  state  and  also  with  the  board  of  super- 
visors of  the  county  within  which  the  municipal  corporation  is  situate, 
stating  the  filing  of  such  petition  and  the  adoption  of  such  ordinance 
and  from  thenceforth  and  thereon,  the  name  "city"  shall  take  the  place 
of  and  be   deemed  substituted   for   the   word   "town"   in   such   corporate 


ACT  2333. 

An  act  to  provide  for  the  lighting  of  public  streets,  lanes,  alleys,  courts 
and  places  in  municipalities,  and  for  the  assessment  of  the  costs  and 
expenses   thereof  upon   the   property   benefited   thereby.     [Approved 
March  21,  1905.     Stats.  1905,  p.  564.] 
Amended   1911,    Stats.   1911,   pp.   69,   583. 
Repealed  June   6,  1913    (Stats.   1913,  p.   428). 
See  post,  Act  2389g. 


1517  MUNICIPAL  CORPORATIONS.       Act  2347,  §§  1, 2 

ACT  2347. 

An   act   to   provide   for    the     classification     of    municipal   corporations. 
[Approved  March  2,  1883.     Stats.  1883,  p.  24.] 
Amended  1897,  pp.  218,  421;  1899,  p.  141;   1901,  p.  94;  1911,  pp.  11,  12,  476. 
The  amendments  of  1911  are  as  follows: 

Classification  of  municipal  corporations. 

§  1.  All  municipal  corporations  within  the  state  are  hereby  classified 
as  follows:  Those  having  a  population  of  more  than  400,000'  shall  con- 
stitute the  first  class;  those  having  a  population  of  more  than  250,000 
and  not  exceeding  400,000,  shall  constitute  the  first  and  one-half  class; 
those  having  a  population  of  more  than  100,000  and  not  exceeding 
250,000,  shall  constitute  the  second  class;  those  having  a  population  of 
more  than  35,000  and  not  exceeding  100,000  shall  constitute  the  second 
and  one-half  class;  those  having  a  population  of  more  than  23,000  and 
not  exceeding  35,000  shall  constitute  the  third  class;  those  having  a 
population  of  more  than  20,000  and  not  exceeding  23,000  shall  constitute 
the  fourth  class;  those  having  a  population  of  more  than  6,000  and  not 
exceeding  20,000,  shall  constitute  the  fifth  class;  those  having  a  popula- 
tion of  not  exceeding  6,000  shall  constitute  the  sixth  class;  provided, 
that  nothing  herein  shall  change  the  classification  of"  existing  cities 
organized  under  the  municipal  corporation  act.  [Amendment  approved 
March  24,  1911;  Stats.  1911,  p.  476.] 

There  was  another  amendment  of  the  same  section  at  the  same  session 
as  follows: 

Classification  of  municipal  corporations. 

§  1.  All  municipal  corporations  within  the  state  are  hereby  classified 
as  follows:  Those  having  a  population  of  more  than  400,000  shall  consti- 
tute the  first  class;  those  having  a  population  of  more  tlian  250,000  and 
not  exceeding  400,000,  shall  constitute  the  first  and  one-half  class;  those 
having  a  population  of  more  than  100,000  and  not  exceeding  250,000 
shall  constitute  the  second  class;  those  having  a  population  of  more  tlinn 
23,000  and  not  exceeding  100,000  shall  constitute  the  third  class;  those 
having  a  population  of  more  than  20,000,  and  not  exceeding  23,000,  the 
fourth  class;  those  having  a  population  of  more  than  6,000  and  not  ex- 
ceeding 20,000  the  fifth  class;  those  having  a  population  of  not  exceed- 
ing 6,000  shall  constitute  the  sixth  class;  provided,  that  nothing  herein 
shall  change  the  classification  of  existing  cities  organized  under  the 
municipal  corporation  act  [Amendment  approved  February  9,  1911; 
Stats.  1911,  p.  11.] 

Municipal  corporations.     Population, 

§  2.  For  the  purpose  of  classifying  municipal  corporations  as  in  llim 
act  provided,  the  population  of  all  municipal  coi)K)iati.)ns  within  tlie 
state  is  hereby  determined  to  be  the  population  of  such  municipal  (M.rpo- 


Act  2347a,  §§  1-3  general  laws.  1518 

rations  as  shown  by  the  federal  census  taken  in  the  year  A.  D.  nineteen 
hundred  and  ten;  provided,  however,  that  whenever  a  new  federal  census 
is  taken,  the  municipal  corporatioEs  within  the  state  are  not,  by  opera- 
tion of  law,  reclassified  under  such  census,  but  shall  remain  in  the  old 
classification  until  reclassified  by  the  legislature,  unless  a  direct  enumera- 
tion of  the  inhabitants  thereof  be  made,  as  in  section  3  of  this  act  pro- 
vided. [Amendment  approved  February  9,  1911;  Stats.  1911,  p.  12.] 
Citations.      Cal.  157/714,   718,  719;   162/617,  619. 

ACT  2347a. 

An  act  authorizing  municipalities  of  the  fifth  and  sixth  classes  to  de- 
clare weeds  growing  upon  public  streets  to  be  a  nuisance,  providing 
a  means  for  the  abatement  of  said  nuisance,  and  collecting  the  cost 
of  removing  such  weeds  from  the  owners  of  abutting  land. 

[Approved   June   6,   1913.     Stats.   1913,   p.   398.     In   effect   immediately.] 

Weeds  on  streets  nuisance. 

§  1.  Municipalities  of  the  fifth  and  sixth  classes  of  the  state  are 
hereby  authorized  to  declare  all  weeds  growing  upon  any  public  street 
including  the  sidewalks  thereon  in  such  municipalities  to  be  a  public 
nuisance,  to  abate  such  nuisance  in  the  manner  herein  provided  and  to 
collect  the  cost  of  removing  such  weeds  from  the  street  from  the  owners 
of  abutting  land  thereon. 

Resolution  by  city  trustees. 

§  2.  The  legislative  body  of  any  municipality  of  the  fifth  and  sixth 
classes  whenever  weeds  are  growing  upon  any  street  in  such  municipal- 
ity, may,  by  resolution  adopted  by  such  legislative  body,  declare  the 
same  to  be  a  nuisance,  which  said  resolution  shall  specify  the  street  or 
streets  or  any  portion  of  said  street  upon  which  such  nuisance  exists; 
such  resolution  shall  direct  the  superintendent  of  streets  or  person  per- 
forming the  duties  of  street  supervision,  to  give  the  notice  required  by 
the  section  succeeding  hereto. 

Publication  not  necessary.     Notice  to  be  posted.     Where  posted. 

§  3.  The  resolution  may  be  passed  at  the  meeting  in  which  it  is  first 
introduced,  and  without  publication  thereof,  and  the  superintendent  of 
streets  shall  cause  to  be  immediately  posted  along  the  line  of  street 
or  streets  or  portion  of  streets  named  in  such  resolution,  a  notice  sub- 
stantially in  the  following  form: 

Notice  to   Destroy   Weeds. 

The  board   of   trustees  of  the  city   of  ,   having  on   the  day 

of  ,  declared   by  resolution  that   all   weeds   growing   on   street 

or  portion  of  street,  in  said  city,  are  a  public  nuisance,  and  having 

commanded  the  abatement  of  the  same, 


1519  MUNICIPAL  CORPOKATiONS.     Act  2317a,  §§  1,  5 

Notice  is  hereby  given  to  all  owners  of  property  fronting  upon  the 
street  above  named,  in  front  of  which  property  such  nuisance  exists, 
to  abate  the  same  within  ten  (10)  days  from  the  date  of  this  notice 
by  the  removal  of  such  weeds. 

Upon  failure  to  abate  the  same  as  herein  required  such  weeds  will 
be  removed  by  the  municipal  authorities  of  said  city,  and  the  cost  of 
such  removal  will  be  made  a  legal  charge  against  the  owner  of  the  land 
abutting  the  street  on  the  side  of  the  street,  on  which  side  said  weeds 

were  removed,  in  favor  of  the  city  of  ,  and  said  city  may  collect 

the  cost  of  removing  said  weeds  from  the  owner  of  said  land  by  an 
action  brought   in  the  recorder's   court  of  said  city. 

Dated  this  day  of  . 

Superintendent  of  streets  of  city  of  . 

The  above  notice  shall  be  posted  along  the  line  of  the  street  or  por- 
tions  of  street  named  therein,  at  intervals  of  not  less  than  fifty  feet, 
and  said  notices  shall  be  posted  for  ten  (10)  days  prior  to  the  time 
stated  therein  as  the  time  at  which  failure  to  abate  such  nuisance  will 
give  these   municipal  authorities  the  right  to  abate  the  same. 

After  ten  days  street  superintendent  to  remove  weeds.  Notice  to  owner 
of  cost. 

§  4.  If  upon  the  expiration  of  ten  (10)  days  after  the  posting  of 
the  notice  required  to  be  given  by  the  preceding  section,  the  owner  or 
owners  of  real  property  fronting  the  street  named  therein,  in  front  of 
which  such  nuisance  exists,  fails  or  neglects  to  abate  the  same,  it  shall 
be  the  duty  of  the  superintendent  of  streets  of  such  city  to  abate  the 
same  by  the  removal  of  such  weeds.  He  shall  keep  an  account  of  the 
cost  of  abating  such  nuisance  in  front  of  each  separate  lot  or  parcel 
of  land  fronting  such  street,  including  the  cost  of  printing  the  notices, 
particularly  specifying  the  cost  of  abatement  to  be  charged  against  each 
such  separate  lot  or  parcel  of  land.  He  shall  file  such  statement  or 
account  with  the  legislative  body  of  the  city,  and  such  legislative  body 
shall  pay  such  cost  out  of  the  general  fund  of  such  municipality.  The 
superintendent  of  streets  thereupon  shall  send  a  notice  by  mail  to  said 
owners  of  lots  or  parcels  of  land  in  front  of  which  said  weeds  have  been 
removed  by  the  municipal  authorities,  demanding  the  payment  of  the 
amount  of  the  cost  of  removing  said  deeds,  and  if  said  owner  does  not 
pay  the  same  within  ten  days  after  the  date  of  said  notice  demaii.ling 
the  payment  of  said  costs  of  removal  of  said  weeds  said  city  may  msti; 
tute  an  action  against  said  owner  of  land  for  the  collertion  at  law  ..1 
said  costs  of  removal  of  weeds  in  the  recorder's  court  of  the  city  whero 
said  weeds  were  removed. 

§  5.     This  act  shall  take  effect  immediately. 


Act  2348,  §§  l(>-752a        gener.vl  laws.  1520 

ACT  23i8. 

An  act  to  provide  for  the   organization,  incorporation,  and   government 
of  municipal   corporations. 
[Stats.  1883,  p.  93.] 
Amended  1885,  pp.  127,  134;   1887,  p.  12;   1889,  pp.  371,  389;  1891,  pp.  21, 
28,   54,   55,   114,   233;    1893,  p.  299;   1895,  pp.   24,   159,   266;    1897,  pp.   89,    175, 
183,   196,   403;    1899,  p.  98;    1901,  pp.   12,   18,   70,   269,   293,   656;    1903,  pp.  40, 
93,    135,    336;    1905,   pp.    16,   45,    72,    73,    88,    89.    408:    1907,   p.    272:    1909,   pp. 
148,    937;    1911,    pp.    58,    316,    359,    843;    Ex.    Sess.    1911,    pp.    128,    131;    1913, 
pp.    10,    15,    31,   32,   33,    34,    375. 

The  amendments  of  1911  and  1913  follow: 

Recall  of  municipal  oflacers. 

§  10.     [New   section   approved   March   14,   1911;    Stats.   1911,  p.   359.] 

Repealed  January  2,    1912    (Stats.   Ex.    Sess.   1911,  p.    131).     See    §  3   of   Act 
2555,  post. 

Initiative, 

§  11.     [New  section   approved  March   14,   1911;    Stats.   1911,  p.   361.] 
Repealed  January   2,    1912    (Stats.   Ex.    Sess.    1911,  p.   131).      See    §3   of   Act 
1624,  ante. 

Referendum.     Other  questions  may  tie  submitted. 

§  12.      [New   section    approved    March    14,    1911;    Stats.   1911,    p.   363.] 
Repealed  January   2,    1912    (Stats.   Ex.    Sess.    1911,  p.   131).      See    §  3   of   Act 
1624,   ante. 

Election  on  adoption  of  commission  form  of  government. 

§  752a.  The  board  of  trustees  may  at  any  time  submit  to  the  electors 
at  any  municipal  or  at  any  special  election  to  be  held  for  that  pur- 
pose, an  ordinance  to  divide  the  administration  of  the  municipality  into 
five  departments  and  provide  for  the  assignment  of  its  several  members 
to  be  heads  of  such  respective  departments  and  to  be  appointed  as  the 
commissioners  of  such  respective  departments;  provided,  that  if  a  de- 
partment of  public  health  be  created  the  commissioner  in  charge  may  be 
given  the  powers  and  duties  of  the  municipal  board  of  health,  and  such 
health  board  be  thereby  abolished.  Such  ordinance  shall  define  the 
duties,  powers  and  responsibilities  of  each  commissioner  and  may  require 
such  commissioner  to  devote  a  specified  number  of  hours  of  each  business 
day  to  the  performance  of  such  duties,  in  which  event  such  commissioner 
may  receive  a  compensation,  the  amount  of  same  to  be  fixed  by  said 
ordinance.  The  board  may,  by  majority  vote,  subject  to  the  provisions 
of  this  section,  assign  its  several  members  to  be  and  appoint  them  as 
the  respective  commissioners  of  such  several  departments,  and  may  by 
like  vote  from  time  to  time  change  such  assignment  and  appointment. 
It  may  assign  employees  to  one  or  more  departments,  may  require  an 
officer  or  employee  to  perform  duties  in  two  or  more  departments,  and 


1521  MUNICIPAL  CORPORATIONS.    Act  234-8,  §§  752b-771 

may  make  such  other  rules  and  regulations  as  may  be  necessary  or  proper 
to  the  efficient  and  economical  conduct  of  the  business  of  the  municipal- 
ity. The  substance  of  the  ordinance  so  proposed  shall  be  printed  on 
the  ballots  used  at  such  election  substantially  as  follows:  Shall  the 
administration  of  the  municipality  be  divided  "into  five  departments  as 
follows:  (insert  the  five  departments  of  government  proposed  and  briefly 
designate  the  powers  and  duties  conferred  upon  each  and  the  comi)ensa- 
tion  each  commissioner  or  head  of  department  shall  receive),  "Yes"  and 
"No"  so  printed  in  connection  therewith  that  the  voters  may  express 
their  choice.  The  returns  of  the  election  shall  be  canvassed  and  de- 
clared as  at  other  municipal  elections  and  if  it  appears  that  a  majority 
of  the  votes  at  such  election  were  in  favor  of  the  ordinance,  such 
ordinance  shall  take  effect  and  be  in  force  on  the  tenth  dav  thereafter. 
[New  section  approved  April   10,   1911;   Stats.  1911,  p.  842'] 

Election  on  question  of  appointment  of  city  officers. 

§  752b.  The  board  of  trustees  may  submit  to  the  electors  at  any 
municipal  election  or  at  a  special  election  to  be  held  for  that  purpose, 
the  question  as  to  whether  the  elective  officers,  or  any  of  them,  other 
than  trustees,  shall  be  appointed  by  said  board,  instead  of  being  elected 
as  provided  in  the  preceding  section.  The  question  so  submitted  shall  be 
printed   on   the   ballots  used   at   such   election   substantially   as   follows: 

"Shall   the   board   of   trustees   hereafter   appoint   the   (naming   the 

offices)   of  the  city  (or  town)   of  ,"  with  the  words  "Yes"  and  "No" 

so  printed  in  connection  therewith  that  the  voters  may  express  their 
choice.  The  returns  of  the  election  shall  be  canvassed  and  declared  as 
at  other  municipal  elections,  and  if  it  appears  that  a  majority  of  the 
votes  cast  on  any  such  proposition  were  in  favor  of  the  appointment  of 
such  officers  or  any  of  them,  then  at  the  expiration  of  the  terms  of 
office  of  any  such  officials  then  in  office,  and  on  the  occurrence  of  a 
vacancy  in  any  such  office,  such  elective  officers  or  any  of  them  for  tho 
appointment  of  whom  such  majority  vote  was  so  cast,  shall  thereafter  be 
appointed  by  the  board  of  trustees  and  hold  office  during  the  pleasure 
of  such  board.  [New  section  approved  April  10,  1911;  Stats.  1911, 
p.  843.] 

Eligibility  of  trustee. 

§  757.  No  person  shall  be  eligible  to  hold  the  office  of  trustee  in  aurh 
city,  unless  he  be  a  resident  and  elector  therein,  and  shall  have  resided 
in  such  city  for  one  year  next  preceding  the  date  of  his  election. 
[Amendment  approved  April  IC,  1913;  Stats.  1913,  p.  34.] 

Incurring  of  indebtedness  to  be  decided  at  an  election. 
§  768.     [Repealed  April  16,  1913;  Stats.  1913,  p.  33.] 

Repairs  assessed  on  fronting  property. 

§  771.     [Repealed  April  16,  1913;  Stats.   1913,  p.  33.] 
96 


Act  2348,  §§851-852a      general  laws.  1522 

Municipal  officers. 

§  851.  The  government  of  such  city  or  town  shall  be  vested  in  a 
board  of  trustees,  to  consist  of  five  members;  a  clerk,  who  shall  be  ex- 
officio  assessor;  a  treasurer;  a  marshal,  to  be  appointed  by  the  board  of 
trustees,  who  shall  be  ex-officio  tax  and  license  collector;  a  recorder  to 
be  appointed  by  the  board  of  trustees;  and  such  subordinate  officers  as 
are  hereinafter  provided  for.  [Amendment  approved  March  9,  1911; 
Stats.  1911,  p.  316.] 

Election  and  term  of  officers.     Appointive  officers. 

§  852.  The  members  of  the  board  of  trustees  and  the  clerk  and  treas- 
urer, shall  be  elected  by  the  qualified  electors  of  said  city  or  town  at  a 
general  municipal  election  to  be  held  therein  on  the  second  Monday  in 
April  in  each  even-numbered  year.  The  clerk  and  treasurer  shall  hold 
office  for  the  period  of  two  years  from  and  after  the  Monday  next  suc- 
ceeding the  day  of  such  election,  and  until  their  successors  are  elected 
and  qualified.  Members  of  the  board  of  trustees  shall  hold  office  for  the 
period  of  four  years  from  and  after  the  Monday  next  succeeding  the 
day  of  such  election,  and  until  their  successors  are  elected  and  qualified, 
and  in  event  of  resigning  shall  not  vote  on  the  selection  and  appoint- 
ment of  their  successors.  The  respective  terms  of  the  members  of  the 
first  board  of  trustees  elected  under  the  provisions  of  this  act  shall  be 
determined  as  follows:  the  two  persons  elected  by  the  highest  number 
of  votes  shall  hold  office  for  four  years;  and  the  three  persons  elected 
by  the  lowest  number  of  votes  shall  hold  office  for  two  years.  In  the 
event  that  two  or  more  persons  shall  be  elected  by  the  same  number 
of  votes,  the  term  of  each  shall  be  fixed  by  lot.  The  board  of  trustees 
may,  in  their  discretion,  appoint  an  attorney,  a  poundmaster,  a  super- 
intendent of  streets,  a  civil  engineer,  a  marshal  and  such  police  and 
other  subordinate  officers  as  in  their  judgment  may  be  deemed  necessary, 
and  fix  their  compensation,  which  said  officers  shall  hold  office  during 
the  pleasure  of  said  board.  [Amendment  approved  April  16,  1913;  Stats. 
1913,  p.  31.] 

Also  amended  March  9,  1911    (Stats.  1911,   p.   316). 

Election  on  adoption  of  commission  form  of  government. 

§  852a.  The  board  of  trustees  may  at  any  time  submit  to  the  electors 
at  any  municipal  or  at  any  special  election  to  be  held  for  that  purpose, 
an  ordinance  to  divide  the  administration  of  the  municipality  into  five 
departments  and  provide  for  the  assignment  of  its  several  members  to 
be  the  heads  of  such  respective  departments  and  to  be  appointed  as  the 
commissioners  of  such  respective  departments;  provided,  that  if  a  de- 
partment of  public  health  be  created  the  commissioner  in  charge  may 
be  given  the  powers  and  duties  of  the  municipal  board  of  health,  and 
such  health  board  be  thereby  abolished.  Such  ordinance  shall  define  the 
duties,  powers  and  responsibilities  of  each  commissioner  and  may  require 
such  commissioner  to  devote  a  specified  number  of  hours  of  each  busi- 


1523        MUNICIPAL  CORPORATIONS.  Act  2348,  §§  852b,  854 

ness  day  to  the  performance  of  such  duties,  in  wliieh  event  such  com- 
missioner may  receive  a  compensation,  the  amount  of  same  to  be  fixed 
by  said  ordinance.  The  board  may,  by  majority  vote,  subject  to  the 
provisions  of  this  section,  assign  its  several  members  to  be  and  appoint 
them  as  the  respective  commissioners  of  such  several  departments  and 
may  by  like  vote  from  time  to  time  change  such  assignment  and  appoint- 
ment. It  may  assign  employees  to  one  or  more  departments,  may  require 
an  officer  or  employee  to  perform  duties  in  two  or  more  departments, 
and  may  make  such  other  rules  and  regulations  as  may  be  necessary  or 
proper  to  the  efficient  and  economical  conduct  of  the  business  of  the 
municipality.  The  substance  of  the  ordinance  so  proposed  shall  be 
printed  on  the  ballots  used  at  such  election  substantially  as  follows: 
Shall  the  administration  of  the  municipality  be  divided  into  five  depart- 
ments as  follows:  (insert  the  five  departments  of  government  proposed 
and  briefly  designate  the  powers  and  duties  conferred  upon  each  and  the 
compensation  each  commissioner  or  head  of  department  shall  receive), 
"Yes"  and  "No"  so  printed  in  connection  therewith  that  the  voters  may 
express  their  choice.  The  returns  of  the  election  shall  be  canvassed 
and  declared  as  at  other  municipal  elections  and  if  it  appears  that  a 
majority  of  the  votes  cast  at  such  election  were  in  favor  of  the  ordinance, 
such  ordinance  shall  take  effect  and  be  in  force  on  the  tenth  day  there- 
after.    [New  section  approved  April  10,  1911;  Stats.  1911,  p.  844.] 

Election  on  question  of  appointment  of  city  officers. 

§  852b.  The  board  of  trustees  may  submit  to  the  electors  at  any 
municipal  election,  or  at  a  special  election  to  be  held  for  that  purpose, 
the  question  as  to  whether  the  elective  officers,  or  any  of  them,  other 
than  trustees,  shall  be  appointed  by  said  board,  instead  of  being  elected 
as  provided  in  the  preceding  section.  The  question  so  submitted  shall 
be  printed  on  the  ballots  used  at  such  election  substantially  as  follows: 

"Shall   the   board    of   trustees    hereafter   appoint   the   (naming   Hie 

offices)  of  the  city  (or  town)  of  /'  with  the  words  "Yes"  and  "No," 

so  printed  in  connection  therewith  that  the  voters  may  express  their 
choice.     The  returns  of  the  election  shall  be  canvassed  and  declared  as 


vacancy   m   any   ouvu    ^^^x^^^,   ^^~^-    ■ -  .'in  »u   .f»«i. 

the  appointment  of  whom  such  majority  vote  was  so  cast  shall  hereafter 
be  appointed  by  the  board  of  trustees  ^nJ  hold  office  during  the  pc  • 
ure  of  such  board.     [New  section  approved  April  10,  1911;  btats.   1911, 


p.  844.] 

Vacancy  in  office;  how  filled.     Absence 

§  854.     Any   vacancy   o 
this  act  shalf  be  filled  by 


s  R=^/      Anv   vac-mcv   occurring   in    any  of  the  ofTicoB   provided    for   in 
§  854.     Anj    ^--,";/^°'^^;'p^,^t,„,.,t  by  the  board  of  trustees;  but  m 


Act  2348,  §§  857-870a      general  laws.  1524 

the  event  of  said  board  of  trustees  failing  to  fill  such  vacancy  by 
appointment  within  thirty  days  after  vacancy  occurs,  they  must,  if  said 
office  be  an  elective  one,  immediately  after  the  expiration  of  said  thirty 
days  cause  an  election  to  be  held  to  fill  said  vacancy,  provided,  how- 
ever, that  any  person  appointed  or  elected  to  fill  such  vacancy  shall  hold 
office  only  until  the  next  regular  election,  at  which  time  a  person  shall 
be  elected  to  serve  for  the  remainder  of  such  unexpired  terra.  In  case 
a  member  of  the  board  of  trustees  is  absent  from  the  city  for  the 
period  of  ninety  days,  unless  by  permission  of  the  board  of  trustees,  his 
office  shall  by  the  board  be  declared  vacant,  and  the  same  filled  as  in 
case  of  other  vacancies.  [Amendment  approved  February  15,  1911; 
Stats.  1911,  p.  58.] 

Eligibility  of  trustee. 

§  857.  No  person  shall  be  eligible  to  hold  the  office  of  trustee  in  such 
city,  unless  he  be  a  resident  and  elector  therein,  and  shall  have  resided 
in  such  city  for  one  year  next  preceding  the  date  of  his  election. 
[Amendment  approved  April  16,  1913;  Stats.  1913,  p.  34.] 

Meetings,  organization,  etc.,  of  trustees. 

§  858.  The  board  of  trustees  shall  meet  on  the  Monday  next  succeed- 
ing the  date  of  said  general  municipal  election,  shall  take  the  oath  of 
office,  shall  choose  one  of  their  number  president,  and  shall  hold  regular 
meetings  at  least  once  in  each  month  at  such  time  as  they  shall  fix  by 
ordinance,  and  may  adjourn  any  regular  meeting  to  a  date  certain, 
which  shall  be  specified  in  the  order  of  adjournment,  and  when  so  ad- 
journed, such  adjourned  meeting  shall  be  a  regular  meeting  for  all  pur- 
poses. Special  meetings  may  be  called  at  any  time  by  the  president  of 
the  board  or  by  three  trustees  by  written  notice  delivered  to  each 
member  at  least  three  hours  before  the  time  specified  for  the  proposed 
meeting;  all  meetings  of  the  board  of  trustees  shall  be  held  within  the 
corporate  limits  of  the  city  at  such  place  as  may  be  designated  by  or- 
dinance and  shall  be  public.  [Amendment  approved  June  3,  1913;  Stats. 
1913,  p.  376.] 

Incurring  excess  decided  by  vote. 

§  866.     [Eepealed  April  16,   1913;   Stats.  1913,  p.  33.] 

Cost  of  street  work  assessed  on  fronting  property. 

§  869.     [Eepealed  April  16,  1913;  Stats.  1913,  p.  33.] 

Bridge  connecting  city  with  road  district. 

§  SlOsu  1.  Whenever  the  city  trustees  shall  deem  it  necessary  for  the 
city  or  town  to  construct  a  bridge  connecting  the  municipal  corporation 
with  an  adjoining  road  district  and  it  sliall  become  necessary  in  con- 
structing such  bridge  to  take  or  damage  private  property  within  or 
without  or  within  and  without  the  corporate  limits  of  said  city  or  town, 
the  trustees  of  said  city  or  town  may,  by  resolution,  declare  the  neces- 


1525  MUNICIPAL  CORPORATIONS.  Act  2348,  §  874 

sity  thereof  and  direct  and  maintain  proceedings  for  that  purpose  under 
title  7  of  part  3    of  the  Code  of  Civil  Procedure. 

Urgency  measure.     Declaration  of  facts. 

2.  This  act  is  hereby  declared  to  be  an  urgency  measure  within 
the  meaning  of  section  1  of  article  4  of  the  constitution  of  the  state 
of  California,  and  shall  take  effect  immediately.  The  following  is  a 
statement  of  the  facts  constituting  such  urgency:  Many  municipal  cor- 
porations governed  by  the  act  of  which  this  act  is  amendatory,  have 
their  exterior  boundaries  on  banks  of  rivers  and  streams  which  during 
the  winter  months  become  so  swollen  by  rains  and  floods  as  to  render 
it  dangerous  to  public  safety  to  cross  such  streams,  and  as  the  provi- 
sions of  title  7,  part  3  of  the  Code  of  Civil  Procedure,  or  the  act  of 
which  this  act  is  amendatory,  do  not  enumerate  among  the  public  uses 
for  which  the  right  of  eminent  domain  may  be  exercised,  the  taking 
of  private  property  necessary  for  the  construction,  by  cities  of  the  sixth 
class,  of  bridges  across  streams  forming  the  exterior  boundaries  of  such 
cities  and  the  construction  of  such  bridges  being  necessary  for  the 
public  safety  for  travel  to  and  from  such  cities,  this  act  is  hereby  de- 
clared to  be  an  urgency  act  within  the  meaning  of  the  section  and  article 
of  the  constitution  of  the  state  of  California  above  in  this  section  men- 
tioned. [New  section  approved  February  4,  1913;  Stats.  1913,  p.  10. 
In  effect  immediately.] 

Work  exceeding  value  of  three  hundred  dollars  done  by  contract.  By  day 
labor.  Emergency  expenditures.  City  printing. 
§  874.  In  the  erection,  improvement,  and  repair  of  all  public  build- 
ings and  works,  in  all  street  and  sewer  work,  and  in  all  work  in  or 
about  streams,  bays,  or  waterfronts,  or  in  or  about  embankinents,  or 
other  works  for  protection  against  overflow,  and  in  furnishing  any 
supplies  or  materials  for  the  same,  when  the  expenditures  required  for 
the  same  exceed  the  sum  of  three  hundred  dollars,  the  same  shall  be 
done  by  contract,  and  shall  be  let  to  the  lowest  responsible  bidder,  after 
notice  by  publication  in  a  newspaper  of  general  circulation,  printed  and 
published  in  such  city  or  town,  for  at  least  two  weeks,  or  if  there  be 
no  newspaper  printed  or  published  therein,  by  printing  and  posting  the 
same  in  at  least  four  public  places  therein  for  the  same  pono.l;  such 
notice  shall  distinctly  and  specifically  state  the  work  contemplated  t^o 
be  done:  provided,  that  the  board  of  trustees  may  reject  any  and  nil 
bids  presented  and  readvertise,  in  their  discretion;  provided,  further, 
after  rejecting  bids,  the  board  of  trustees  may  declare  and  dolerniinc  by 
a  four-fifths  vote  of  all  its  members  that  in  its  opinion  the  work  in 
question  may  be  performed  more  economically  by  day  labor  or  the 
materials  or  supplies  furnished  at  a  lower  price  in  the  open  market 
and  after  the  adoption  of  a  rosdution  to  this  effect  they  may  prn,.,-.  d 
to  have  the  same  done  in  the  manner  stated  w.lh.n.t  fnrth.T  "  '«"V.  • 
of  the  foregoing   provisions   of  this  section;    and  provided   further,   that 


Act  2348,  §§  875, 876        general  laws.  1526 

in  case  of  a  great  public  calamity  such  as  an  extraordinary  fire,  flood, 
storm,  epidemic  or  other  disaster,  the  board  of  trustees  may,  by  resolu- 
tion passed  by  vote  of  four-fifths  of  all  its  members  declare  and  de- 
termine that  public  interest  and  necessity  demands  the  immediate 
expenditure  of  public  money  to  safeguard  life,  health  or  property,  and 
thereupon  they  may  proceed  to  expend  or  enter  into  a  contract  involving 
the   expenditure   of  any   sum  required   in  such   emergency. 

The  board  of  trustees  shall  annually,  at  a  stated  time,  contract  for 
doing  all  city  printing  and  advertising,  which  contract  shall  be  let 
to  the  lowest  responsible  bidder,  after  notice  as  provided  in  this  sec- 
tion.    [Amendment  approved  April   16,   1913;   Stats.   1913,  p.   32.] 

Powers  of  president  and  president  pro  tern. 

§  875.  In  the  absence  of  the  president  of  the  board  of  trustees  from 
any  meeting  of  said  board,  or  in  the  event  of  his  inability  to  act,  a 
president  pro  tem.  may  be  chosen  by  the  board.  The  president  or  the 
president  pro  tem.  shall  preside  at  the  meetings  of  the  board  of  trustees, 
shall  sign  all  warrants  drawn  on  the  treasurer,~and  shall  sign  all  written 
contracts  entered  into  by  said  city  or  town.  The  president  pro  tem. 
may  sign  or  approve  any  ordinance  with  the  same  force  and  effect  as 
if  signed  by  the  president.  The  president  or  president  pro  tem.  shall 
have  power  to  administer  oaths  and  affirmations,  to  take  affidavits  and 
to  testify  the  same  under  their  "hands.  The  president  or  president  pro 
tem.  shall  sign  all  conveyances  made  by  said  city  or  town,  and  all  in- 
struments which  shall  require  the  seal  of  the  city  or  town.  The  presi- 
dent or  president  pro  tem.  is  authorized  to  acknowledge  the  execution 
of  all  instruments  executed  'by  said  city  or  town  that  require  to  be 
acknowledged.  The  authority  and  power  of  the  president  pro  tem.  shall 
continue  during  the  day  on  which  he  is  chosen  and  shall  cease  at  the 
expiration  of  such  day.  [Amendment  approved  April  4,  1913;  Stats. 
1913,  p.  15.] 

Treasurer's  duty. 

§  876.  It  shall  be  the  duty  of  the  treasurer  to  receive  and  safely 
keep  all  moneys  which  shall  come  into  his  hands  as  city  treasurer,  for 
all  of  which  he  shall  give  duplicate  receipts,  one  of  which  shall  be  filed 
with  the  city  clerk.  He  shall  pay  out  said  money  on  warrants  signed  by 
the  proper  ofiicers,  and  not  otherwise,  except  interest  coupons  on  bonds. 
He  shall  make  quarterly  settlements  with  the  city  clerk.  He  shall  collect 
all  taxes  levied  by  the  board  of  trustees,  if  so  required  by  ordinance. 
[Amendment  approved  April  16,  1913;  Stats.  1913,  p.  33.] 

Citations.  Cal.  156/295,  296,  297,  574,  762,  763;  157/149,  319,  714.  716, 
718,  724,  725,  726,  727;  158/36,  743.  745;  159/443,  445;  160/130;  161/282; 
162/590,  703;  (§852)  161/203;  (§860)  159/444,  445,  447;  (§862)  159/702, 
707;  160/36;  (§  882)  162/336.  App.  8/436,  437,  438,  439,  443,  498;  10/465; 
11/203,  204;  13/278;  14/575;  16/171;  (§2)  16/175;  (§10)  17/729,  732, 
733;  (§11)  17/730;  (§136)  16/630;  (§862)  16/779;  (§864)  16/780. 


1527  MUNICIPAL  CORPORATIONS.      Acts  2350, 2353a 

ACT  2350. 

An  act  entitled  "An  act  to  enable  municipal  corporations  of  the  sixth  clasa 

to  elect  officers." 
[Approved  March  14,  1885.     Stats.  1885,  p.  136.] 
Amended  1911,  Statutes  of  1911,  page  414,  as  follows: 

Appointment  of  election  commissioners  in  municipalities  of  sixth  class. 

§  1.  Whenever  a  corporation  of  the  sixth  class  shall  have  failed, 
from  any  cause,  to  elect  olfieers  in  accordance  with  its  charter,  and 
there  are  no  officers  to  carry  on  the  city  government,  or  call  an  election 
for  officers,  in  any  such  case  citizens  of  such  corporation  may  present  a 
petition  to  the  governor  for  the  appointment  of  three  commissioners  of 
election.  Such  petition  shall  set  forth:  First,  the  name  of  the  corpora- 
tion, and  when  and  how  organized;  second,  when  the  last  election  foi 
officers  took  place,  and  whether  any  of  such  officers  are  performing  their 
duties,  and  if  not,  how  long  since  they  ceased  to  perform  their  duties; 
third,  the  provision  of  the  charter  as  to  the  qualifications  of  voters; 
fourth,  that  the  persons  signing  the  petition  possess  the  qualifications 
provided  by  the  charter  for  voters,  and  that  each  of  said  signers  is  a 
householder  and  freeholder  in  said  corporation.  The  petition  shall  be 
signed  by  not  less  than  a  majority  of  all  persons  in  said  corporation  jios- 
sessing  all  the  qualifications  mentioned  in  the  body  of  the  petition,  and 
shall  be  verified  by  at  least  two  of  the  signers,  that,  of  their  own 
knowledge,  the  petition  is  true,  and  that  all  the  signers  possess  all  the 
qualifications  set  forth  in  the  petition.  Upon  the  presentation  of  the 
petition  to  the  governor,  he  may  either  act  upon  the  petition  or  require 
additional  evidence  of  the  matters  set  forth  in  the  petition.  Upon  being 
satisfied  of  the  truth  of  the  matters  set  forth  in  the  petition,  the  gov- 
ernor is  authorized  and  empowered  to  appoint  three  persons  as  commis- 
sioners of  election  for  such  corporation.  Such  commission  shall  be  known 
and  styled  board  of  election  commissioners  for  (here  give  name  of  cor- 
poration). [Amendment  approved  March  20,  1911;  Stats.  1911,  p.  414. J 
See  post,  Act  2353a. 

ACT  2353a. 

An  act  providing  that  in  the  event  of  no  election  having  been  held  for 
the  election  of  officers  of  municipalities  of  the  sixth  class  at  the 
time  fixed  for  first  election  after  incorporation  thereof,  that  the 
officers  elected  at  the  time  of  the  incorporation  shall  continue  in  office 
until  after  the  municipal  election  to  be  held  in  1912. 

[Approved  April  10,  1311.     Stats.   1011,  p.  S-'U).] 

Failure  to  hold  election.     Officers. 

§  1.  When  a  municipality  of  the  sixth  class  has  been  incnrpnral.-.l 
under  the  laws  of  the  state  of  California  less  than  sixty  days  prior  to 
the  date  of  the  municipal  election  on  the  second  Monday  lu  .April,  and 


Acts  2355b,  2355c      general  latv^s.  1528 

for  any  reason  no  election  was  held  on  said  date  and  the  officers  of 
such  municipality  elected  at  the  time  of  its  incorporation  have  continued 
to  hold  office  and  have  discharged  the  duties  of  such  offices  ever  since 
the  date  of  their  said  election,  their  right  to  hold  such  offices  is  hereby 
confirmed,  and  they  are  hereby  declared  to  be  the  officers  of  such  munici- 
pality and  their  terms  shall  continue  until  the  next  municipal  election 
hereafter  to  be  held  on  the  second  Monday  in  April,  1912, 

§  2.     This  act  shall  take  effect  immediately. 
See  ante,   Act  2350. 

ACT  2355b. 

An  act  to  validate  the  organization  and  incorporation  of  municipal  cor- 
porations. 
[Approved  May  1,  1911.     Stats.  1911,  p.  1423.] 

Organization  of  municipal  corporations  validated. 

§  1.  All  municipal  corporations,  the  organization  and  incorporation 
of  which  have  been  authenticated  by  an  order  of  a  board  of  supervisors 
in  this  state,  declaring  the  same  incorporated  as  municipal  corporations 
of  the  classes  to  which  such  corporations  may  respectively  belong,  and 
a  certified  copy  of  which  order  has  been  filed  by  such  board  of  super- 
visors in  the  office  of  the  secretary  of  state,  and  which  corporations 
thereafter  have  acted  in  the  form  and  manner  of  municipal  corporations 
under  the  provisions  of  "An  act  to  provide  for  the  organization,  incorpora- 
tion and  government  of  municipal  corporations,"  approved  March  13,  1883, 
and  the  amendments  thereto,  are  hereby  declared  to  be  and  to  have  been 
municipal  corporations  from  the  date  of  filing  the  certified  copy  of  said 
order  of  the  board  of  supervisors  with  the  secretary  of  state;  and  all 
acts  of  the  said  municipal  corporations,  heretofore  performed  according 
to  the  act  aforesaid,  are  hereby  validated,  and  declared  to  be  legal; 
provided,  however,  that  all  municipal  corporations  shall  be  excepted  from 
the  operation  of  this  act  where  the  right  to  act  as  such  is  being  contested 
or  inquired  into  in  any  legal  proceeding  brought  within  six  months  after 
the  certified  copy  of  the  order  of  the  board  of  supervisors  was  filed  in 
the  office  of  the  secretary  of  state. 
See  next  act. 

ACT  2355c. 

An   act   to    validate   the    organization     and    incorporation    of  municipal 

corporations. 
[Approved  June  4,  1913.     Stats.  1913,  p.  382.] 

Municipal  corporations  validated.     Except  in  cases  of  contest  within  six 
months  after  organization. 
§  1.     All   municipal    corporations,    the    organization    and    incorporation 
of  which  have  been  authenticated  by  an  order  of  a  board  of  supervisors 


1529  MUNICIPAL  CORPORATIONS.    Acts  2358b,  2363 

in  this  state,  declaring  the  same  incorporated  as  municipal  corporations 
of  the  classes  to  which  such  corporations  may  respectively  belong,  and 
a  certified  copy  of  which  order  has  been  filed  by  such  board  of  supervisors 
in  the  oiEce  of  the  secretary  of  state,  and  which  corporations  thereafter 
have  acted  in  the  form  and  manner  of  municipal  corporations  under  the 
provisions  of  "An  act  to  provide  for  the  organization,  incorporation  ami 
government  of  municipal  corporations,"  approved  March  13,  1SS3,  and 
the  amendments  thereto  are  hereby  declared  to  be  and  to  have  been 
municipal  corporations  from  the  date  of  filing  the  certified  copy  of  said 
order  of  th«  board  of  supervisors  with  the  secretary  of  state;  and  all 
acts  of  the  said  municipal  corporations  heretofore  performed  according 
to  the  act  aforesaid,  are  hereby  validated,  and  declared  to  be  legal; 
provided,  however,  that  all  municipal  corporations  shall  be  excepted  from 
the  operation  of  this  act  where  the  right  to  act  as  such  is  being  contested 
or  inquired  into  in  any  legal  proceeding  brought  within  six  months  after 
the  certified  copy  of  the  order  of  the  board  of  supervisors  was  filed  in 
the  office  of  the  secretary  of  state. 
See   ante,   Act  2355b. 

ACT  2358b. 

An  act  to  validate  proceedings  for  the   annexation   of  territory  to,  in- 
corporation in,  and  inclusion  thereof  within  municipal  corporations. 
[Approved  May   1,   1911.     Stats.   1911,  p.   1424.] 

Annexation  of  territory  to  municipality  validated. 

§  1.  Any  territory  which  purports  to  have  been  heretofore  annexed 
to,  incorporated  in,  and  included  within  a  municipal  corjioratioii  under 
"An  act  to  provide  for  the  alteration  of  the  boundaries  of  and  for  the 
annexation  of  territory  to  incorporated  towns  and  cities,  and  for  the 
incorporation  of  such  annexed  territory  in  and  as  a  part  of  such  munici- 
palities, and  for  the  districtinsr,  government  and  municipal  control  of 
annexed  territory,"  approved  March  19,  1889,  and  the  acts  amendatory 
thereof,  the  certified  record  whereof,  showing  the  facts  required  in  said 
act,  shall  have  heretofore  been  filed  by  the  secretary  of  state  as  required 
in  said  act,  is  hereby  declared  to  be  and  to  have  been  since  the  filing 
of  said  record,  duly  annexed  to,  incorporated  in  and  included  within 
such  municipal  corporation;  and  all  proceedings  for  t'-'  -nn.v  .t  ,,,„  or 
such  territory  are  hereby  validated  and  declared  legal 

§  2.     This  act  shall  take  effect  from  and  after  its  pa^.-:iL;e. 

Act  2363. 

An  act  to  provide  for  the  sale  of  an  excess  of  water  when  <.wnod  by  ft 
municipality.     [Approved  March  1'7,  J.S'.i, .     s*-'-      ^'.v  | 

Repealed    1911,    p.    854. 
See  post,  Act    23G3a. 


Acts  2363a,  2371  general  laws.  1530 

ACT  2363a. 

An  act  to  provide  for  the  sale  of  an  excess  of  water  when  owned  by 
a  municipality,  and  repealing  an  act  entitled  "An  act  to  provide  for 
the  sale  of  an  excess  of  water  when  owned  by  a  municipality,"  ap- 
proved March  27,  1897. 

[Approved   April   10,    1911.     Stats.    1911,   p.   854.] 

Cities  supplying  own  water  may  sell  excess. 

§  1.  Whenever  the  water  supply  owned  by  any  city,  incorporated 
town,  county,  or  city  and  county,  is  in  excess  of  the  amount  required 
to  supply  the  water  required  by  the  inhabitants  thereof,  it  may  be 
declared  by  ordinance  that  such  excess  exists,  and  such  excess  of  water 
may  be  sold  outside  of  the  limits  of  the  corporation;  but  in  no  case  shall 
a  contract  be  made  for  a  supply  of  any  excess  of  water  sold  by  a  city, 
incorporated  town,  county,  or  city  and  county,  outside  the  corporate 
limits,  for  a  period  longer  than  one  year;  and  in  no  case  shall  such  a 
contract  be  made,  unless  the  Iggislative  authority  of  a  city,  incorporated 
town,  county,  or  city  and  county,  declare  by  ordinance  that  there  exists 
an  excess  of  water  not  required  to  supply  the  inhabitants  of  the  city, 
incorporated  town,  county,  or  city  and  county,  within  the  term  of  the 
contract,  but  water  not  required  to  supply  the  inhabitants  of  the  city, 
incorporated  town,  county,  or  city  and  county,  may  be  sold  by  the 
authorities  thereof  outside  the  corporate  limits,  from  month  to  month, 
during  the  existence  of  such  excess,  and  shall  be  sold  only  at  the  rates 
fixed  for  consumers  inside  the  corporate  limits;  provided,  however,  that 
the  terms  of  this  act  shall  not  apply  to  any  city,  or  city  and  county, 
having  a  charter  framed  and  adopted  under  the  authority  of  section  8 
of  article  11  of  the  constitution  of  this  state,  and  which  charter  con- 
tains provisions  inconsistent  herewith. 

§  2.  An  act  entitled  "An  act  to  provide  for  the  sale  of  an  excess  of 
water  when  owned  by  a  municipality,"  approved  March  27,  1897,  is 
hereby  repealed. 

ACT  2371. 

An  act  authorizing  the  incurring  of  indebtedness  by  cities,  towns,  and 
municipal   corporations   for  municipal   improvements,   and  regulating 
the  acquisition,  construction,  or  completion  thereof. 
[Became    a   law   under   constitutional    provision   without    the    governor's 
approval,  February  25,  1901.     Stats.  1901,  p.  27.] 
Amended  1907,  pp.  570,  609,  634;   1909,  p.  720;   1913,  pp.  13,  29, 
The  amendments  of  1913  follow: 

Submission  of  bond  questions  for  city  improvements.     Objects  and  pur- 
poses.    Rate  of  interest. 
§  2.     Whenever  the  legislative  branch  of  any  city,  town  or  municijial 
corporation  shall,  by  resolution  passed  by  vote  of  two-thirds  of  all  its 


1531  MUNICIPAL  CORPORATIONS.  Act  2371,  §  3 

members  determine  that  the  public  interest  or  necessity  demands  the 
acquisition,  construction  or  completion  of  any  municipal  improvement, 
including  bridges,  waterworks,  water  rights,  sewers,  light  or  power  works 
or  plants,  buildings  for  municipal  uses,  wharves,  schoolhouses,  fire  ap- 
paratus, and  street  work,  or  other  works,  property  or  structures  neces- 
sary or  convenient  to  carry  out  the  objects,  purposes  and  nowers  of  the 
municipality,  the  cost  of  which  will  be  too  great  to  be  paid  out  of  the 
ordinary  annual  income  and  revenue  of  the  municipality,  it  may  at  any 
subsequent  meeting  of  such  board,  by  a  vote  of  two-thirds  of  all  its 
members,  call  a  special  election  and  submit  to  the  qualified  voters  of  said 
city,  town  or  municipal  corporation  the  proposition  of  incurring  a  bonded 
debt  for  the  purpose  set  forth  in  said  resolution,  and  no  question  other 
than  the  incurring  of  the  indebtedness  for  said  purpose  shall  be  sub- 
mitted; provided,  that  propositions  of  incurring  indebtedness  for  more 
than  one  object  or  purpose  may  be  submitted  at  the  same  election.  The 
ordinance  calling  such  special  election  shall  recite  the  objects  and  pur- 
poses for  which  the  indebtedness  is  proposed  to  be  incurred,  the  esti- 
mated cost  of  the  proposed  public  improvements,  the  amount  of  the 
principal  of  the  indebtedness  to  be  incurred  therefor,  and  the  rate  of  in- 
terest to  be  paid  on  said  indebtedness,  and  shall  fix  the  date  on  which 
such  special  election  will  be  held,  the  manner  of  holding  such  election 
and  the  voting  for  or  against  incurring  such  indebtedness,  and  in  all 
particulars  not  recited  in  such  ordinance,  such  election  shall  be  held  as 
provided  by  law  for  holding  municipal  elections  in  such  niunicii)ality; 
provided,  however,  that  if  the  rate  of  interest  to  be  paid  on  such  in. 
debtedness  shall  not  exceed  four  and  one-half  per  centum  per  annum^ 
payable  semi-annually,  the  rate  of  interest  need  not  be  recited  in  such 
ordinance,  but  in  its'  discretion,  the  said  legislative  branch  may  recite 
in  such  ordinance  a  maximum  rate  of  interest  to  be  paid  on  such  in- 
debtedness, not  exceeding  six  per  centum  per  annum  payable  semi- 
annually, which  rate  when  so  recited,  shall  not  be  exceeded  in  the  issu- 
ance of  bon<^  for  such  indebtedness.  [Amendment  approved  April  4, 
1913;  Stats.  191.3,  p.  13.] 

Publication  of  ordinance.     Vote  necessary.     Resubmi-ssion  of  question. 

§  3.  Such  ordinance  shall  be  published  once  a  day  for  at  least  seven 
days  in  some  newspaper  published  at  least  six  days  a  week  in  such 
municipality,  or  once  a  week  for  two  weeks  in  some  nevv8pa|ier  pul)- 
lished  less  than  six  days  a  week  in  such  municipality,  and  one  insertion 
each  week  for  two  succeeding  weeks  shall  be  a  suiricient  publication  in 
such  newspaper  published  less  than  six  days  per  week.  In  municipali- 
ties where  no  such  newspaper  is  published,  such  ordinance  shall  be  pouted 
in  three  public  jdaces  therein  for  two  succeeding  weeks.  No  other  notice 
of  such  election  need  be  given.  It  shall  require  tiie  votes  of  two-thirds 
of  all  the  voters  voting  at  such  special  election  to  authorize  the  iHHuanco 
of  the  bonds  herein  provided;  provided,  however,  should  the  proposition 
so  submitted  at  such  election  fail  to  receive  the  rc.piisite  iniml.er  of  votes 


Act  2371,  §  5  GENERAL  LAWS.  1532 

of  the  qualified  voters,  voting  at  such  election  to  incur  the  indebtedness 
for  the  purpose  specified,  the  legislative  body  of  such  municipality  shall 
have  no  power  or  authority  within  six  months  after  such  election  to  call 
or  order  another  election  for  incurring  any  indebtedness  for  improve- 
ments, substantially  the  same  as  voted  upon  at  such  prior  election,  unless 
a  petition  signed  by  fifteen  per  centum  of  the  qualified  electors  of  such 
municipality  computed  upon  the  total  number  of  votes  cast  therein  for  all 
candidates  for  governor  at  the  last  preceding  election  at  which  a  gov- 
ernor was  elected  be  filed  with  the  legislative  body  of  such  municipality, 
requesting  that  such  proposition,  or  a  proposition  substantially  the  same, 
be  submitted  at  an  election  to  be  called  for  the  submission  of  such 
proposition  and  to  be  held  in  accordance  with  the  provisions  of  this  act. 
[Amendment  approved  April  15,  1913;  Stats.  1913,  p.  29.] 

Payment  of  bonds.    Denomination  "of  bonds.     Coupons. 

§  5.  All  municipal  bonds  issued  under  the  provisions  of  this  act  shall 
be  payable  substantially  in  the  following  manner:  A  part  to  be  de- 
termined by  the  legislative  body  of  the  municipality,  which  shall  be  not 
less  than  one-fortieth  part  of  the  whole  amount  of  such  indebtedness, 
shall  be  paid  each  and  ever}'  year  on  a  day  and  date,  and  at  a  place  or 
places  to  be  fixed  by  the  legislative  body  of  the  municipality  issuing  the 
bonds  and  designated  in  such  bonds,  together  with  the  interest  on  all 
sums  unpaid  at  such  date;  provided,  however,  that,  in  case  of  bonds  issued 
for  the  acquisition,  construction  or  completion  of  waterworks  or  light 
or  power  w'orks  or  plants,  or  any  other  authorized  revenue  producing 
public  works,  plant,  utility  or  property,  the  legislative  body  of  the 
municipality  may,  in  its  discretion,  determine  and  fix  a  date  for  the 
earliest  maturity  of  the  principal  of  such  bonds  not  more  -than  ten 
years  from  the  date  of  the  issue  of  such  bonds,  but,  in  this  event,  the 
whole  amount  of  such  indebtedness  must  be  made  payable  in  equal  annual 
parts  in  not  to  exceed  forty  years  from  the  time  of  contracting  the  same. 
The  bonds  shall  be  issued  in  such  denominations  as  the  legislative  body 
of  the  municipality  may  determine,  except  that  no  bonds  shall  be  of 
a  less  denomination  than  one  hundred  dollars,  nor  of  a  greater  denomina- 
tion than  one  thousand  dollars,  and  shall  be  payable  on  the  day  and  at 
the  place  or  places  fixed  in  such  bonds,  and  with  interest  at  the  rate 
specified  in  the  bonds,  which  rate  shall  not  be  in  excess  of  six  per  cent 
per  annum,  and  shall  be  payable  semi-annually,  and  said  bonds  shall  be 
signed  by  the  executive  of  the  municipality,  or  by  such  other  olficer 
thereof  as  the  council,  board  of  trustees,  or  other  legislative  body  of 
the  municipality  shall,  by  resolution  adopted  by  a  two-thirds  vote  of  all 
its  members,  authorize  and  designate  for  that  purpose;  and  also  signed 
by  the  treasurer  thereof,  and  shall  be  countersigned  by  the  clerk.  The 
coupons  of  said  bonds  shall  be  numbered  consecutively  and  signed  by  the 
treasurer.  In  case  any  of  such  ofiicers  w-hose  signatures  or  counter- 
signatures appear  on  the  bonds  or  coupons  shall  cease  to  be  such  officer 
before  the  delivery  of  such  bonds  to  the  purchaser,  such  signatures  or 


1533  MUNICIPAL   CORPORATIONS.  Act  2374,  §  1 

counter-signatures  shall  nevertheless  be  valid  and  sufficient  for  all  pur- 
poses the  same  as  if  they  had  remained  in  office  until  the  delivery  of  the 
bonds.     [Amendment  approved  April  15,  1913;   Stats.  1913,  p.  30.] 

Citations.   Cal.  156/296;   157/147,  148;  159/436;  160/42,  647;   (§2) 

160/43;  (§3)  160/648;  (§5)  160/42;  (§9)  159/435;  (§18)  160/41.   App. 

10/464,  465;  (§3)  17/293. 

ACT  2374. 

An  act  to  provide  for  the  alteration  of  the  boundaries  of  and  for  the 
annexation  of  territory  to  incorporated  towns  and  cities,  and  for 
the  incorporation  of  such  annexed  territory  in  and  as  a  part  of  such 
municipalities,  and  for  the  districting,  government,  and  municipal 
control  of  annexed  territory. 

[Approved  March  19,  1889.     Stats.  1889,  p.  358.] 
Amended  1905,  p.  551;   1911,  pp.  857,  1459. 

The  amendments  of  1911  are  as  follows: 

Procedure  for  annexing  new  territory  to  cities.  Special  election.  An- 
nexed territory  not  liable  for  prior  indebtedness. 
§  1.  The  boundaries  of  any  incorporated  town  or  city,  whether  here- 
tofore or  hereafter  formed,  incorporated,  reincorporated,  organized,  or 
reorganized,  may  be  altered  and  new  territory  annexed  thereto,  incor- 
porated and  included  therein,  and  made  a  part  thereof,  upon  proceedings 
being  had  and  taken  as  in  this  act  provided.  The  council,  board  of 
trustees,  or  other  legislative  body  of  any  such  municipal  corporation, 
upon  receiving  a  written  petition  therefor  containing  a  description  of 
the  new  territory  asked  to  be  annexed  to  such  corporation,  and  signed 
by  not  less  than  one-fifth  in  number  of  the  qualified  electors  of  such 
municipal  corporation,  computed  upon  the  number  of  votes  cast  at  the 
last  general  municipal  election  held  therein,  must,  without  delay,  submit 
to  the  electors  of  such  municipal  corporation  and  to  the  electors  residing 
in  the  territory  proposed  by  such  petition  to  be  annexed  to  such  cor- 
poration, the  question  whether  such  new  territory  shall  be  annexed  to, 
incorporated  in,  and  made  a  part  of  said  municipal  corporation.  Such 
question  shall  be  submitted  at  a  special  election,  to  be  held  for  that 
purpose,  and  no  other;  and  such  legislative  body  is  hereby  empowered 
to,  and  it  shall  be  its  duty  to  cause  notice  to  be  given  of  such  election 
by  the  publication  of  a  notice  thereof  in  a  newspaper  printed  and 
published  in  such  municipal  corporation,  and  also  in  a  newspaper,  if 
any  such  there  be,  printed  and  published  outside  of  such  corporation,  but 
in  the  county  in  which  the  territory  so  proposed  to  be  annexed  is  situ- 
ated, in  each  case  at  least  once  a  week  for  a  period  of  four  successive 
weeks  next  preceding  the  date  of  such  election.  Such  notice  shall  dis- 
tinctly state  the  proposition  to  be  submitted,  i.  e.,  that  it  is  proposed 
to   annex   to,   incorporate   in,   and   make   a  part   of   such   municipal   cor- 


Act  2374,  §  1  GENERAL   LAWS.  1534 

poration  the  territory  sought  to  be  annexed,  specifically  describing  the 
boundaries  thereof;  and  in  said  notice  the  qualified  electors  of  said 
municipal  corporation,  and  the  qualified  electors  residing  in  said  ter- 
ritory so  proposed  to  be  annexed,  shall  be  invited  to  vote  upon  such 
proposition  by  placing  upon  their  ballots  the  words  "For  Annexation" 
or  "Against  Annexation,"  or  words  equivalent  thereto.  Such  legislative 
body  is  hereby  empowered,  and  it  shall  be  its  duty,  to  establish,  and  in 
such  notice  of  election  designate  the  voting  precinct  or  precincts,  and 
the  place  or  places  at  which  the  polls  will  be  opened  in  such  territory 
so  proposed  to  be  annexed,  and  also  in  such  municipal  corporation.  And 
such  place  or  places  shall  be  that  or  those  commonly  used  as  voting 
places  within  such  municipal  corporation,  and  also  that  or  those  com- 
monly used  within  such  new  territory,  if  any  such  there  be.  Such  legis- 
lative body  is  empowered  to,  and  it  shall,  appoint  the  officers  of  such 
election,  who  shall  be,  for  each  voting  place  in  such  municipal  cor- 
poration, and  for  each  voting  place  in  said  new  territory,  two  judges 
and  one  inspector,  each  of  whom  shall  be  a  qualified  elector  of  the  voting 
precinct  in  which  he  is  appointed  to  act  as  an  officer  of  such  election. 
The  ballots  used  at  such  election,  the  opening  and  closing  of  the  polls, 
and  the  holding  and  conducting  of  such  election,  shall  be  in  conformity, 
as  far  as  may  be,  with  the  general  laws  of  this  state  concerning  elections; 
and  the  judges  and  inspectors  of  such  election  shall,  immediately  on 
the  closing  of  the  polls,  count  the  ballots,  make  up  and  certify  the  tally 
sheets  of  the  ballots  cast  at  their  respective  polling  places,  seal,  and  then 
immediatel}'  return  the  same  as  below  provided,  doing  so,  as  nearly  as 
practicable,  in  the  manner  provided  in  the  election  laws  of  this  state; 
but  the  ballots,  tally  sheets,  and  returns  shall  be  so  returned  to  and 
deposited  with  the  clerk  of  such  legislative  body.  Such  legislative  body 
shall,  at  the  time  provided  for  its  regular  meeting  next  after  the  ex- 
piration of  three  days  from  and  after  the  date  of  said  election,  meet 
and  proceed  to  canvass  said  returns;  and  such  canvass  shall  be  com- 
pleted at  such  meeting,  if  practicable,  and  in  any  event,  as  soon  as 
practicable,  avoiding  adjournment  or  adjournments,  if  possible,  until  said 
canvass  is  completed.  Said  canvass  by  such  legislative  body  shall  be 
conducted  and  completed  as  follows:  The  returns  of  the  votes  east  in 
said  outside  territory,  so  proposed  to  be  annexed  shall  be  canvassed  sep- 
arately; and  the  returns  of  the  votes  cast  inside  of  said  municipal  cor- 
poration shall  be  canvassed  separately.  Immediately  upon  the  comple- 
tion of  such  canvass,  said  legislative  body  shall  cause  a  record  thereof 
to  be  made  and  entered  upon  its  minutes,  showing  the  whole  number  of 
votes  cast  in  such  outside  territory,  the  whole  number  of  votes  cast  in 
such  municipal  corporation,  the  number  thereof  cast  in  each  in  favor  of 
annexation,  and  the  number  thereof  cast  in  each  against  annexation; 
a,nd  if  it  shall  appear  from  such  canvass  that  a  majority  of  all  the 
votes  cast  in  such  outside  territory,  and  a  majority  of  all  the  votes  cast 
inside   of   said   municipal   coriJoration,   are   in   favor   of   annexation,    the 


1535  MUNICIPAL  CORPORATIONS.  Act  2374,  §  la 

clerk,  or  other  officer  performing  the  duties  of  clerk,  of  such  legislative 
body,  shall  promptly  make  and  certify,  under  the  seal  of  said  municipal 
corporation,  and  transmit  to  the  secretary  of  state,  a  copy  of  said  record, 
so  entered  upon  said  minutes,  together  with  a  statement  showing  the 
date  of  said  election  and  the  time  and  result  of  said  canvass,  which  docu- 
ment shall  be  filed  by  the  secretary  of  state  immediately  upon  the  re- 
ceipt thereof.  From  and  after  the  date  of  the  filing  of  said  document 
in  the  office  of  the  secretary  of  state,  the  annexation  of  such  territory 
so  proposed  to  be  annexed  shall  be  deemed  and  shall  be  complete  and 
thenceforth  such  annexed  territory  shall  be,  to  all  intents  and  purposes, 
a  part  of  such  municipal  corporation,  except  only  that  no  property  within 
such  annexed  territory  shall  ever  be  taxed  to  pay  any  portion  of  any 
indebtedness  or  liability  of  such  municipal  corporation  contracted  prior 
to  or  existing  at  the  time  of  such  annexation,  excepting  as  provided  in 
section  la  of  this  act.  No  territory  which,  at  the  time  such  petition  for 
such  proposed  annexation  is  presented  to  such  legislative  body,  forms 
any  part  of  anj'  incorporated  town  or  city,  shall  be  annexed  under  the 
provisions  of  this  act.  [Amendment  approved  April  10,  1911;  Stats.  1911, 
p.  857.] 

Question  of  making  annexed  territory  liable  for  share  of  indebtedness 
may  be  submitted. 
§  la.  Whenever  any  municipal  corporation  to  which  it  is  proposed  to 
annex  territory  under  the  provisions  of  this  act  shall  have  incurred,  or 
authorized  the  incurring  of,  any  bonded  indebtedness  for  the  acquisition, 
construction  or  completion  of  any  municipal  improvement  or  improve- 
ments, the  petition  presented  to  the  legislative  body  of  such  municipal 
corporation,  as  hereinabove  provided,  may  contain  a  request  that  the 
question  to  be  submitted  to  the  electors  of  such  municipal  corporation 
and  to  the  electors  residing  in  the  territory  proposed  by  such  petition 
to  be  annexed  to  such  corporation,  shall  be,  whether  such  new  territory 
shall  be  annexed  to,  incorporated  in,  and  made  a  part  of,  said  municipal 
corporation,  and  the  property  therein  be,  after  such  annexation,  subject 
to  taxation,  equally  with  the  property  within  such  municipal  corpora- 
tion, to  pay  any  such  bonded  indebtedness  of  such  corporation,  outstand- 
ing at  the  date  of  such  annexation,  or  theretofore  authorized.  If  such 
request  shall  be  made  in  said  petition  proceedings  shall  be  had  thereon 
the  same  in  all  respects  as  upon  a  petition  presented  under  the  provi- 
sions of  the  preceding  section,  excepting  that  the  notice  of  election  shall 
distinctly  state  the  proposition  to  be  submitted,  i.  e.,  that  it  is  proposed 
to  annex  to,  incorporate  in,  and  make  a  part  of,  such  municipal  cor- 
poration, the  territory  sought  to  be  annexed,  specifically  describing  the 
boundaries  thereof,  and  that  the  property  therein,  shall,  after  such 
annexation,  be  subject  to  taxation  equally  with  the  property  within  such 
municipal  corporation,  to  pay  such  bonded  indebtedness  of  such  munici- 
pal corporation,  outstanding  at  the  date  of  the  said  annexation,  or 
theretofore    authorized,   and    to   be   represented   by   bonds    thereafter   to 


Act  2374,  §  414  GENERAL   LAWS.  1536 

be  issued.  The  said  notice  shall,  in  addition,  distinctly  specify  the 
improvement  or  improvements  for  which  such  indebtedness  was  so  in- 
curred or  authorized,  and  state  the  amount  or  amounts  of  such  indebted- 
ness already  incurred,  outstanding  at  the  date  of  the  first  publication 
of  such  notice,  and  the  amount  or  amounts  of  such  indebtedness  thereto- 
fore authorized,  and  to  be  represented  by  bonds  thereafter  to  be  issued, 
and  the  maximum  rate  of  interest  payable  or  to  be  payable  on  such 
indebtedness;  and  upon  the  canvass  of  the  returns  of  the  votes  cast  at 
any  election  held  under  the  provisions  of  this  section,  if  it  shall  appear 
that  two-thirds  of  all  the  votes  cast  in  such  outside  territory,  and  a 
majority  of  all  the  votes  cast  inside  of  said  municipal  cori)oration,  are 
in  favor  of  annexation,  and  not  otherwise,  a  copy  of  the  record  of  such 
canvass  shall  be  transmitted  to  the  secretary  of  state  in  the  same  man- 
ner as  provided  in  the  preceding  section.  From  and  after  the  date  of 
the  filing  of  said  document  in  the  office  of.  the  secretary  of  state,  the 
annexation  of  such  territory  so  proposed  to  be  annexed,  shall  be  deemed, 
and  shall  be,  complete,  and  thenceforth  such  annexed  territory  shall  be, 
to  all  intents  and  purposes  a  part  of  such  municipal  corporation,  and 
the  property  within  such  annexed  territory  shall  be  taxed  to  pay  the 
bonded  indebtedness  or  liability  of  such  corporation,  specified  in  said 
notice,  equally  with  the  property  within  such  municipal  corporation  as 
it  existed  prior  to  such  annexation.  [New  section  approved  Aj-ril  10, 
1911;   Stats.  1911,  p.  859.] 

Taxes  of  annexed  territory  become  property  of  city.  City  clerk  to  file 
claim.  Claim  audited  by  supervisors.  Claims  against  annexed  ter- 
ritory. City  clerk  to  act  as  redemption  officer. 
§  41/2-  All  taxes  levied  by  the  board  of  supervisors  of  any  county,  or 
by  the  legislative  body  of  any  sanitary  or  other  political  district  other 
than  school  districts,  for  the  purpose  or  purposes  of  such  sanitary  or 
other  political  district,  against  property  situated  in  territory  which  sub- 
sequent to  such  levy  is  annexed  by  any  town  or  city  under  the  provisions 
of  this  act,  but  which,  at  the  time  of  such  annexation,  has  not  been  col- 
lected, shall  be  and  become  the  property  of  the  town  or  city  to  which 
that  territory  is  annexed,  and  the  same  shall,  with  other  county  taxes, 
be  collected  by  the  county  tax  collector,  and  by  him  paid  into  the  county 
treasury  of  said  county,  after  which  the  same  shall,  by  the  county  treas- 
urer, be  paid  to  such  town  or  city,  upon  proper  warrant  therefor,  and  all 
such  taxes  which  are  at  the  time  of  such  annexation  in  the  county 
treasury,  shall  be  and  become  the  property  of  the  tov,-n  or  city  to  which 
such  territory  is  annexed,  and  shall  be  by  said  county  treasurer  paid  to 
such  town  or  city,  upon  the  proper  warrant  therefor,  as  hereinafter  pro- 
vided. The  town  or  city  clerk  or  other  officer  performing  the  duties  of 
clerk  of  such  town  or  city  shall,  at  any  regular  meeting  of  the  board  of 
supervisors  of  said  county,  present  and  file  a  verified  claim  for  any 
money  thus  due  said  town  or  city,  setting  forth  the  fact  and  the  date 


1537  MUNICIPAL  CORPORATIONS.  Act  2374a,  §  1 

of  such  annexation,  and  the  amount  in  the  hands  of  said  county  treas- 
urer so  due  such  town  or  city.  Said  claim  shall  be  audited  by  the  board 
of  supervisors  in  the  manner  in  which  other  claims  against  the  county 
are  audited,  and  if  the  amount  thereof  is  correct,  the  same  shall  be  al- 
lowed and  the  county  auditor  instructed  to  draw  his  warrant  for  said 
amount  against  the  several  funds  of  the  several  districts  herein  referred 
to,  in  which  such  annexed  territory  is  situated,  said  funds  upon  such 
transfer  shall  not  be  used  for  any  purpose  other  than  that  for  which 
it  was  originally  intended.  The  city  or  town  to  which  such  territory  is 
annexed,  shall  have  the  power,  and  it  is  hereby  authorized  to  adjust,  set- 
tle and  pay  any  and  all  lawful  claim  or  claims  outstanding  against  any 
part  of  the  territory  so  annexed  contracted  for  before  said  territory 
became  annexed,  of  any  such  sanitary  or  other  political  district  or  dis- 
tricts within  the  territory  so  annexed.  Provided,  however,  if  any  such 
taxes  shall  have  been  illegally  collected  within  the  meaning  of  section 
3804  of  the  Political  Code  of  the  state  of  California,  such  illegally  col- 
lected taxes  shall  remain  in  the  county  treasury  until  after  the  time  for 
the  repayment  of  such  taxes  as  provided  by  section  3804  of  the  Political 
Code  of  the  state  of  California  shall  have  expired,  after  which  time 
such  taxes,  if  any  remaining,  shall  be  and  become  the  property  of  the 
town  or  city  to  which  said  territory  is  annexed,  as  in  this  act  provided. 
The  city  or  town  clerk  of  the  city  or  town  to  which  such  territory  is 
annexed  shall  be  and  he  is  hereby  authorized  to  act  as  the  redemption 
officer  for  the  purpose  of  effecting  redemption  of  property  sold  for  delin- 
quent sanitary  taxes  prior  to  such  annexation  in  any  such  sanitary  dis- 
tricts within  the  territory  so  annexed,  in  accordance  with  the  provisions 
of  section  12,  Act  3349,  approved  March  20,  1909.  [New  section  ap- 
proved May  1,  1911;  Stats.  1911,  p.  1459.] 

Citations.     Cal.  155/605,  610,  611;   158/459. 

See  Act  2374a. 

ACT  2374a. 

An  act  to  provide  for  the  alteration  of  the  boundaries  of  and  for  the 
annexation  of  territory  to  municipal  corporations,  for  the  incorpo- 
ration of  such  annexed  territory  in  and  as  a  part  thereof,  and  for 
the  districting,  government  and  municipal  control  of  such  annexed 
territory. 

[Approved  June   11,   1913.     Stats.   1913,  p.   587.] 

Alteration  of  city  boundaries. 

§  1.     The  boundaries  of  any  municipal  corporation  may  be  altered  and 
new   territory   annexed    thereto,    incorporated   and    included   therein,    and 
made  a  part"  thereof,  upon  proceedings  being  had  and  taken  aa  in  this 
act  provided. 
97 


'Act  2374a,  §  2  general  laws.  1538 

Election.  Petition.  Notice.  Date  and  proposition.  Precincts.  Elec- 
tion officers.  Ballots.  Returns. 
§  2.  The  legislative  body  of  any  municipal  corporation,  upon  receiv- 
ing a  vFritten  petition  therefor,  signed  as  hereinafter  provided,  contain- 
ing a  description  of  the  new  territory  proposed  to  be  annexed  to  such 
municipal  corporation,  and  asking  that  such  territory  be  annexed 
thereto,  must,  without  delay,  call  a  special  election,  and  submit  to  the 
electors  residing  in  the  territory  proposed  by  such  petition  to  be  an- 
nexed to  such  municipal  corporation  the  question  whether  such  territory 
shall  be  annexed  to,  incorporated  in  and  made  a  part  of  such  municipal 
corporation.  Such  petition  shall  be  signed  by  not  less  than  one-fourth  in 
number  of  the  qualified  electors  residing  within  the  territory  described 
therein,  as  shown  by  the  registration  of  voters  of  the  county  in  which 
such  territory  is  situated.  Such  legislative  body  is  hereby  empowered 
to,  and  it  shall  be  its  duty  to  cause  notice  to  be  given  of  such  election 
by  the  publication  of  a  notice  thereof  in  a  newspaper  of  general  circu- 
lation, if  any  such  there  be,  printed  and  published  outside  of  such 
municipal  corporation,  but  in  the  county  in  which  the  territory  so  pro- 
posed to  be  annexed  is  situated,  at  least  once  a  week  for  a  period  of 
four  successive  weeks  next  preceding  the  date  of  such  election.  If  there 
be  no  such  newspaper,  then  such  legislative  body  shall  cause  notice  of 
such  election  to  be  given  by  the  posting  thereof  in  three  public  places 
within  the  territory  so  proposed  to  be  annexed  at  least  four  weeks  next 
preceding  the  date  of  such  election.  Such  notice  shall  distinctly  state 
the  date  of  such  election,  and  the  proposition  to  be  submitted,  to  wit, 
that  it  is  proposed  to  annex  to,  incorporate  in,  and  make  a  part  of  such 
municipal  corporation  the  territory  sought  to  be  annexed,  specifically 
describing  the  boundaries  thereof.  In  addition  to  said  description,  such 
territory  shall  also  be  designated  in  such  notice  by  some  appropriate 
name  or  other  words  of  identification,  by  which  such  territory  may  be 
referred  to  and  indicated  upon  the  ballots  to  be  used  at  any  election  at 
which  the  question  of  such  annexation  is  submitted  as  in  this  act  pro- 
vided. The  electors  in  such  territory  shall  be  directed  by  such  notice 
to  vote  upon  such  question  in  the  manner  hereinafter  set  forth  in  this 
section.  Such  legislative  body  is  hereby  empowered,  and  it  shall  be 
its  duty  to  establish,  and  in  such  notice  of  election  to  designate,  the  vot- 
ing precinct  or  precincts  and  the  place  or  places  at  which  the  polls  will 
be  open  for  such  election  in  such  territory  so  proposed  to  be  annexed, 
which  said  place  or  places  shall  be  that  or  those  commonly  used  as  vot- 
ing places  within  such  territory,  if  any  such  there  be.  The  legislative 
body  of  such  municipal  corporation  is  empowered  to,  and  it  shall,  ap- 
point the  officers  of  such  election,  who  shall  be,  for  each  voting  place 
in  such  territory,  two  judges  and  one  inspector,  each  of  whom  shall  be 
a  qualified  elector  of  the  voting  precinct  in  which  he  is  appointed  to 
act  as  an  officer  of  such  election.  Upon  the  ballots  to  be  used  at  such 
election,  there   shall  be  printed  the   words  "shall    (giving   the   name   or 


1539  MUNICIPAL  CORPORATIONS.  Act  2374a,  §  3 

other  designation  of  the  territon^  proposed  to  be  annexed,  as  stated  in 
the  notice  of  election)  be  annexed  to  the  city  of  (stating  name  of  city)? 
—  Yes,"  and  "shall  (giving  the  name  or  other  designation  of  the  terri- 
tory proposed  to  be  annexed,  as  stated  in  the  notice  of  election)  be  an- 
nexed to  the  city  of  (stating  name  of  city)  ? — No,"  and  there  shall  be 
a  voting  square  to  the  right  of  and  opposite  each  such  proposition.  If 
an  elector  shall  stamp  a  cross  (X)  in  the  voting  square  after  the  printed 
word  "Yes,"  the  vote  of  such  elector  shall  be  counted  in  favor  of  the 
annexation  of  the  territory  referred  to  in  such  proposition  to  the 
municipal  corporation  named  therein;  and  if  an  elector  shall  stamp  a 
cross  (X)  in  the  voting  square  after  the  printed  word  "No,"  the  vote  of 
such  elector  shall  be  counted  against  such  annexation.  The  ballots  used 
at  such  election,  the  opening  and  closing  of  the  polls,  and  the  holding 
and  conducting  of  such  election,  shall  be  in  conformity,  as  near  as  may 
be,  with  the  laws  of  this  state  concerning  general  elections,  except  as 
herein  otherwise  provided.  The  judges  and  inspector  of  such  election 
for  each  polling  place  shall  immediately  on  the  closing  of  the  polls,  count 
the  ballots,  make  up,  certify  and  seal  the  ballots  and  tally  sheeets  of 
the  ballots  cast  at  their  respective  polling  places,  doing  so,  as  nearly 
as  practicable,  in  the  manner  provided  in  the  laws  of  this  state  relating 
to  general  elections,  and  they  shall  thereupon  deliver  the  ballots,  tally 
sheets,  and  returns  to  and  deposit  the  same  with  the  clerk  of  the  legis- 
lative body  of  such  municipal  corporation.  Such  legislative  body  shall, 
at  the  time  provided  for  its  regular  meeting  next  after  the  expiration 
of  three  daj's  from  and  after  the  date  of  said  election,  meet  and  pro- 
ceed to  canvass  said  returns;  and  such  canvass  shall  be  completed  at 
such  meeting,  if  practicable,  and  in  any  event,  as  soon  as  practicable, 
avoiding  adjournment  or  adjournments,  until  said  canvass  is  completed. 
Immediately  upon  the  completion  of  such  canvass,  said  legislative  body 
shall  cause  a  record  thereof  to  be  made  and  entered  upon  its  minutes, 
stating  the  proposition  submitted  and  showing  the  whole  number  of 
votes  cast  thereon  in  the  territory  proposed  to  be  annexed,  the  number 
of  votes  cast  therein  in  favor  of  annexation,  and  the  number  of  votes 
cast  therein  against  annexation. 

Should  majority  in  outside  territory  favor.  Question  submitted  in  city. 
9  3.  If  it  shall  appear  from  the  canvass  of  the  returns  of  the  elec- 
tion held  in  the  territory  proposed  to  be  annexed  to  any  municipal 
corporation,  as  provided  in  section  2  of  this  act,  that  a  majority  of  all 
the  votes  cast  in  such  outside  territory  on  the  question  of  such  annex- 
ation are  in  favor  of  annexation,  such  legislative  body  must  then  sub- 
mit to  the  electors  of  such  municipal  corporation  the  question  whether 
such  territory  shall  be  annexed  to,  incorporated  in  and  made  a  part  of 
such  municipal  corporation.  Such  question  may  be  so  submitted  at  the' 
next  general  municipal  election  to  be  held  in  such  municipal  corpora- 
tion, or  it  may  be  so  submitted  prior  to  such  general  election,  either  at 
a  special  election  called  therein  for  that  purpose,  or  at  any  other  special 


Act  2374a,  §  4  general  laws.  1540 

municipal  election  therein,  except  an  election  at  which  the  submission 
of  such  question  is  prohibited  by  law.  Whenever  such  question  is  sub- 
mitted at  any  election  in  such  municipal  corporation,  such  question  shall 
be  stated  in  the  notice  of  such  election  and  on  the  ballots  to  be  used  at 
such  election,  and  the  electors  shall  vote  thereon,  in  the  same  manner  as 
hereinbefore  provided  in  the  case  of  the  election  in  the  territory  pro- 
posed to  be  annexed.  And  whenever  such  question  is  submitted  at  any 
such  municipal  election,  general  or  special,  as  above  provided,  it  shall 
be  submitted  and  voted  upon  as  other  questions  are  required  by  law  to 
be  submitted  and  voted  upon  at  such  elections,  except  in  particulars 
otherwise  in  this  act  set  forth;  and  the  laws  applicable  to  and  govern- 
ing the  time  and  manner  of  giving  notice,  conducting,  holding,  can- 
vassing the  returns,  and  declaring  the  result  of  any  such  election  shall 
apply  to  and  govern  the  submission  of  such  question  to  the  electors  of 
such  municipal  corporation  at  any  such  election. 

Record  of  votes  cast.  Should  majority  favor.  Annexation  complete. 
Territory  of  a  city  may  not  be  annexed. 
§  4.  Immediately  upon  the  completion  of  the  canvass  of  the  returns 
of  any  election  in  any  municipal  corporation  at  which  the  question  of 
annexation  of  neAv  territory  thereto  was  submitted,  as  in  this  act  pro- 
vided, the  legislative  body  of  such  municipal  corporation  shall  cause  a 
record  to  be  made,  and  entered  upon  its  minutes,  showing  the  total 
number  of  votes  east  in  such  municipal  corporation  upon  such  question 
at  such  election,  the  number  thereof  cast  in  favor  of  annexation,  and 
the  number  thereof  cast  against  annexation.  If  it  shall  appear  from  the 
canvass  of  the  returns  of  such  election,  that  a  majority  of  the  qualified 
electors  of  such  municipal  corporation  voting  on  the  question  of  such 
annexation  are  in  favor  thereof,  the  clerk  or  other  officer  performing 
the  duties  of  clerk  of  the  legislative  body  of  such  municipal  corpora- 
tion shall  promptly  make  and  certify,  under  the  seal  thereof,  and  trans- 
mit to  the  secretary  of  state,  a  copy  of  the  record  of  the  canvass  of  the 
returns  of  the  election  in  such  new  territory  and  of  the  election  in  such 
municipal  corporation  at  which  the  question  of  the  annexation  of  the 
same  new  territory  was  submitted,  and  entered  upon  its  minutes  as 
aforesaid,  together  with  a  statement  showing  the  dates  of  such  elec- 
tions in  said  new  territory  and  in  said  municipal  corporation,  and  the 
time  and  the  result  of  the  canvass  of  the  returns  of  such  elections, 
and  containing  a  description  of  such  territory.  Said  document  shall  be 
filed  by  the  secretary  of  state  immediately  upon  the  receipt  thereof. 
From  and  after  the  date  of  the  filing  of  said  document  in  the  office  of 
the  secretary  of  state,  the  annexation  of  such  territory  so  proposed  to  be 
annexed  and  described  therein,  shall  be  deemed  to  be  and  shall  be  com- 
plete, and  thenceforth  such  annexed  territory  shall  be,  to  all  intents  and 
purposes,  a  part  of  such  municipal  corporation,  except  only  that  no  prop- 
erty within  such  annexed  territory  shall  ever  be  taxed  to  pay  any  por- 


1541  MUNICIPAL   CORPORATIONS.  Act  2374a,  §  5 

tion  of  any  indebtedness  or  liability  of  such  municipal  corporation  con- 
tracted prior  to  or  existing  at  the  time  of  such  annexation,  excepting 
as  hereinafter  provided.  No  territory  which,  at  the  time  of  the  presen- 
tation of  a  petition  to  the  legislative  body  of  any  munic"-p;il  coiporation 
for  the  annexation  of  such  territory  thereto  forms  any  part  of  any 
municipal  corporation,  shall  be  annexed  under  the  provisions  of  this  act. 

Question  of  taxing  annexed  territory.     Proposition  submitted.     Notice  to 
specify  Improvements,  etc.     Annexation  complete,  when. 

§  5.  Whenever  any  municipal  corporation  to  which  it  is  proposed 
to  annex  territory  under  the  provisions  of  this  act  shall  have  incurred, 
or  authorized  the  incurring  of,  any  bonded  indebtedness  for  the  acqui- 
sition, construction  or  completion  of  any  municipal  improvement  or 
improvements,  the  petition  presented  to  the  legislative  hodj  of  such 
municipal  corporation,  as  provided  in  section  2  of  this  act,  may  contain 
a  request  that  the  question  to  be  submitted  to  the  electors  residing  in 
the  territory  proposed  by  such  petition  to  be  annexed  to  such  municipal 
corporation,  shall  be,  whether  such  new  territory  shall  be  annexed  to, 
incorporated  in,  and  made  a  part  of,  said  municipal  corporation,  and 
the  property  therein  be,  after  such  annexation,  subject  to  taxation, 
equally  with  the  property  within  such  municipal  corporation,  to  pay  any 
such  bonded  indebtedness  of  such  municipal  corporation,  outstanding  at 
the  date  of  such  annexation  or  theretofore  authorized.  If  such  request 
shall  be  made  in  said  petition,  proceedings  shall  be  had  thereon,  and 
an  election  shall  be  called  and  held  in  the  territory  proposed  to  be 
annexed,  the  same  in  all  respects  as  upon  a  petition  presented  under  the 
provisions  of  section  2  of  this  act,  excepting  that  the  notice  of 
election  shall  distinctly  state  the  proposition  to  be  submitted,  to  wit: 
that  it  is  proposed  to  annex  to,  incorporate  in,  and  make  a  part  of,  such 
municipal  corporation,  the  territory  sought  to  be  annexed,  specifically 
describing  the  boundaries  thereof,  and  that  the  pi'operty  therein,  shall, 
after  such  annexation,  be  subject  to  taxation,  equally  with  the  prop- 
erty within  such  municipal  corporation,  to  pay  such  bonded  indebted- 
ness of  such  municipal  corporation,  outstanding  at  the  date  of  the  said 
annexation,  or  indebtedness  theretofore  authorized  and  to  be  repre- 
sented by  bonds  of  such  municipal  corporation  thereafter  to  be  issued. 
The  said  notice  shall,  in  addition,  distinctly  specify  the  improvement  or 
improvements  for  which  such  indebtedness  was  so  incurred  or  author- 
ized, and  state  the  amount  or  amounts  of  such  indebtedness  already  in- 
curred, outstanding  at  the  date  of  the  first  publication  of  such  notice, 
and  the  amount  or  amounts  of  such  indebtedness  theretofore  authorized, 
and  to  be  represented  by  bonds  thereafter  to  be  issued,  and  the  maxi- 
mum rate  of  interest  payable,  or  to  be  payable  on  such  indebtedness; 
and  upon  the  canvass  of  the  returns  of  the  votes  cast  in  any  territory 
proposed  to  be  annexed  at  any  election  held  therein  under  the  proviuions 
of  this  section,  if  it  shall  anjioar  that  two  thirds  of  all  tlie  votes  cast 
in    such    outside    territory    are    in    favor    of    anuexati9n,    the    legislative 


Act  2374a,  §  6  general  laws.  1542 

body  of  such  municipal  corporation  shall  submit  to  the  electors  therdof 
the  question  whether  such  territory  shall  be  annexed  to,  incorporated  in 
and  made  a  part  of  such  municipal  corporation.  Such  question  may  be 
so  submitted  to  the  electors  of  such  municipal  corporation  in  the  same 
manner  as  provided  in  section  3  of  this  act,  and  if  it  shall  appear  frum 
the  canvass  of  the  returns  of  the  election  in  such  municipal  corporation 
at  which  such  question  shall  have  been  submitted,  that  a  majority  of 
the  qualified  electors  thereof  voting  upon  the  question  of  such  annexa- 
tion are  in  favor  thereof,  like  proceedings  shall  thereupon  be  talcen, 
and  with  the  same  force  and  effect  as  provided  in  sections  3  and  4  of 
this  act.  The  provisions  of  sections  2,  3  and  4  of  this  act,  so  far 
as  applicable,  shall  apply  to  annexation  under  the  provisions  of  this 
section.  From  and  after  the  date  of  the  filing  in  the  office  of  the 
secretary  of  state  of  a  copy  of  the  record  of  the  canvass  of  the  returns 
of  the  election  in  such  new  territory  and  of  the  election  in  such  muni- 
cipal corporation  at  which  the  question  of  the  annexation  of  the  same 
new  territory  was  submitted  under  the  provisions  of  this  section,  and 
entered  upon  the  minutes  of  the  legislative  body  of  such  municipal  cor- 
poration, as  hereinbefore  in  this  act  provided,  together  with  a  state- 
ment showing  the  dates  of  such  elections  in  said  new  territory  and  in 
such  municipal  corporation,  and  the  time  and  result  of  canvass  of  the 
returns  of  such  elections,  the  annexation  of  such  territory  so  proposed 
to  be  annexed  and  described  therein,  shall  be  deemed,  and  shall  be,  com- 
plete, and  thenceforth  such  annexed  territory  shall  be,  to  all  intents  and 
purposes  a  part  of  such  municipal  corporation,  and  the  property  within 
such  annexed  territory  shall  be  taxed  to  pay  the  bonded  indebtedness  or 
liability  of  such  corporation,  specified  in  said  notice,  equally  with  the 
property  within  such  municipal  corporation  as  it  existed  prior  to  such 
annexation. 

Questions  of  annexing  two  or  more  outside  bodies  may  be  submitted  at 
one  election.  Procedure.  Annexation  complete  when. 
§  6.  Nothing  in  this  act  contained  shall  be  construed  to  prevent  the 
submission  to  the  electors  of  any  municipal  corporation  as  separate 
propositions  to  be  voted  upon  separately  at  one  and  the  same  election 
therein,  of  the  questions  of  the  annexation  to  any  such  municipal  cor- 
poration of  two  or  more  bodies  of  outside  territory,  each  of  which  is 
contiguous  to  such  municipal  corporation,  but  no  one  of  which  is  con- 
tiguous to  any  of  the  others.  Whenever,  upon  proceedings  had  and 
taken  and  at  elections  called  and  held  in  accordance  with  the  provisions 
of  this  act,  the  electors  of  each  of  two  or  more  such  bodies  of  outside 
territory  have  voted  in  favor  of  the  annexation  thereof  to  the  same 
municipal  corporation,  the  legislative  body  of  such  municipal  corpora- 
tion must  submit  to  the  electors  tliereof,  as  separate  propositions,  each 
to  be  voted  upon  separately  and  without  regard  to  the  others,  the 
question  whether  each  such  bodies  of  new  territory  shall  be  annexed  to, 
incorporated  in  and  made  a  part  of  such  municipal  corporation.  Such 
questions   may  be  .so   submitted   at   the  next   general  municipal   election 


1543  MUNICIPAL  CORPORATIONS.  Act  2374a,  §  6 

to  be  held  in  sucli  municipal  corporation,  or  they  may  be  so  submitted 
prior  to  such  general  election,  either  at  a  special  election  called  therein 
for  that  purpose,  or  at  any  other  special  election  at  which  the  sub- 
mission of  such  questions  is  [not]  prohibited  by  law.  The  notice  of  such 
election  shall  state,  as  separate  propositions' to  be  submitted  at  such 
election,  the  question  of  the  annexation  of  each  body  of  new  territory, 
in  the  same  manner  as  hereinbefore  provided  in  the  case  of  the  notice 
of  an  election  in  such  municipal  corporation  at  which  the  question  of 
the  annexation  of  only  one  body  of  new  territory  thereto  is  submitted; 
and  the  question  as  to  each  such  body  of  new  territory,  shall  be  printed 
upon  the  ballots  to  be  used  at  such  election  and  the  same  shall  be 
voted  upon,  separately,  in  like  manner  as  hereinbefore  provided  in  the 
case  of  the  submission  of  the  question  of  the  annexation  of  one  body  of 
Bueh  new  territory.  The  provisions  of  section  3  of  this  act  shall  apply 
to  such  election  in  all  respects  the  same  as  in  the  case  of  an  election 
where  only  one  such  question  is  submitted;  provided,  however,  that  the 
annexation  of  any  such  body  or  bodies  of  new  territory,  upon  the  ques- 
tion or  questions  of  the  annexation  of  which  a  majority  of  the  votes 
east  thereon  at  such  election  shall  have  been  cast  in  favor  thereof,  shall 
not  be  affected  or  prejudiced  in  any  manner,  in  the  event  that  a  major- 
ity of  the  votes  cast  at  such  election  upon  the  question  or  questions  of 
the  annexation  of  any  other  body  or  bodies  of  new  territory,  shall  have 
been  cast  against  the  annexation  thereof. 

If  it  shall  appear  from  the  canvass  of  the  returns  of  such  election, 
that  a  majority  of  the  qualified  electors  of  such  municipal  corporation 
voting  separately  upon  the  question  or  questions  of  the  annexation  of 
any  one  or  more  bodies  of  new  territory,  are  in  favor  thereof,  the 
clerk  or  other  officer  performing  the  duties  of  clerk  of  the  legislative 
body  of  such  municipal  corporation,  shall  forthwith  make  and  certify, 
under  the  seal  thereof,  and  transmit  to  the  secretary  of  state,  a  copy 
of  the  record  of  the  canvass  of  the  returns  of  the  election  in  each  such 
body  of  new  territory,  at  which  the  electors  residing  therein  shall  have 
voted  in  favor  of  the  annexation  thereof  to  such  municipal  corpora- 
tion, as  hereinbefore  provided,  and  of  the  canvass  of  the  returns  of 
the  election  in  such  municipal  corporation  at  which  the  questions  of  the 
annexation  of  each  such  bodies  of  new  territory  were  submitted,  and 
entered  upon  its  minutes  as  aforesaid,  together  with  a  statement  show- 
ing the  date  of  the  elections  in  each  such  body  of  new  territory,  and  in 
such  municipal  corporation,  and  the  time  and  result  of  the  canvass  of 
the  returns  of  such  elections;  provided,  however,  that  the  aforesaid 
record  and  statement  as  to  any  number  of  such  annexations  may  be 
included  in  one  document.  From  and  after  the  date  of  the  filing  of  said 
document  in  the  office  of  the  secretary  of  state,  the  annexation  of  each 
body  of  new  territory  described  herein,  and  so  proposed  to  be  annexed 
shall  be  deemed  to  be,  and  shall  be  complete,  and  thereafter  each  such 
body  of  annexed  territory  shall  be,  to  all  intents  and  purposes,  a  part 
of  such  municipal  corporation,  with  the  same  force  and  effect  as  iu  the 
case  of  other  annexations  under  this  act. 


Act  2374a,  §§  7-10  general  laws.  1514 

Only  one  petition  for  annexation  of  same  territory  at  one  time. 

§  7.  Whenever  a  petition  for  the  annexation  of  any  new  territory  to 
any  municipal  corporation  has  been  received  by  the  legislative  body 
thereof,  as  in  this  act  provided,  no  petition  asking  for  the  annexation^ 
in  whole  or  in  part,  of  the  territory  described  in  such  petition,  to  any 
other  municipal  corporation,  shall  be  presented  to  the  legislative  body 
of  such  other  municipal  corporation,  and  the  last-mentioned  legislative 
body  shall  not  submit  the  question  of  the  annexation  of  such  territory 
or  any  part  thereof  to  the  electors  of  such  other  municipal  corpora- 
tion, until  the  question  of  the  annexation  thereof  to  the  municipal  cor- 
poration whose  legislative  body  received  the  petition  first  in  this  section 
mentioned  shall  have  been  submitted  to  the  electors  residing  in  such  ter- 
ritory, and  a  majority  of  electors  voting  upon  such  question  in  such 
territory,  shall  have  voted  against  the  annexation  thereof  to  such 
municipal  corporation,  or,  in  the  event  that  a  majority  of  the  electors 
in  such  territory  voting  therein  shall  have  voted  in  favor  of  the  an- 
nexation thereof  to  such  municipal  corporation,  until  the  question  of 
such  annexation  shall  have  been  submitted  to  the  electors  of  such 
municipal  corporation,  and  a  majority  of  the  electors  thereof  voting 
upon  such  question,  shall  have  voted  against  the  annexation  thereof  to 
such  municipal  corporation. 

Adding  territory  to  wards  of  city. 

§  8.  The  legislative  body  of  any  municipal  corporation  which  is  or 
shall  be  divided  into  wards,  and  to  which  territory  has  been  hereto- 
fore or  shall  be  hereafter  annexed,  under  the  provisions  of  this  act. 
must  by  ordinance  either  so  alter  the  boundaries  of  the  wards  of  such 
municipal  corporation  as  to  include  such  annexed  territory  in  one  or 
more  wards  adjoining  such  annexed  territory,  or  make  of  such  annexed 
territory  one  or  more  additional  wards;  provided,  that  the  number  of 
wards  shall  not  be  so  increased  as  to  exceed  the  number  which  such 
municipal  corporation  may  have  according  to  law.  In  altering  the 
boundaries  of  wards,  or  creating  new  wards,  regard  must  be  had  to  the 
number  of  inhabitants,  so  that  each  ward  shall  contain,  as  near  as  may 
be,  an  equal  number  of  inhabitants,  exclusive  of  persons  ineligible  to 
citizenship   in  this  state. 

Legislative  districts  not  affected. 

§  9.  Nothing  in  this  act  contained  shall  alter  or  affect  the  boundaries 
of  any  senatorial   or   assembly  district. 

Expenses.     Road  tax  uncollected  to  belong  to  city.     Applies  to  all  taxes. 

§  10.  All  proper  expenses  of  proceedings  for  annexation  of  territory 
under  this  act,  whether  such  annexation  shall  be  made  and  completed 
or  not,  shall  be  paid  by  the  municipal  corporation  so  annexing  or  at- 
tempting to  annex  such  territory.  In  the  event  that  a  tax  for  road 
purposes  has  been  levied  by  the  board  of  supervisors  of  any  county 
against   property  situated  in   territory   which,   subsequent   to   such   levy, 


1545  MUNICIPAL   CORPORATIONS.  Act  2379a,  §  1 

is  annexed  to  any  municipal  corporation  under  the  provisions  of  this 
act,  but  which,  at  the  time  of  such  annexation  has  not  been  collected, 
then  all  such  taxes  so  uncollected  shall  be  and  become  the  property  of 
the  municipal  corporation  to  -which  such  territory  is  annexed,  and  the 
same  shall,  with  other  county  taxes,  be  collected  by  the  county  tax  col- 
lector, and  by  him  paid  into  the  county  treasury  of  said  county,  after 
which  the  same  shall,  by  the  county  treasurer,  be  paid  to  such  municipal 
corporation,  upon  proper  warrant  therefor.  The  town  or  city  clerk,  or 
other  officer  performing  the  duties  of  clerk  of  such  municipal  corpora- 
tion, shall,  at  any  regular  meeting  of  the  board  of  supervisors  of  said 
county,  present,  and  file  a  verified  claim  for  any  money  thus  due  such 
municipal  corporation,  setting  forth  the  fact,  and  the  date  of  such 
annexation,  and  the  amount  in  the  hands  of  said  county  treasurer  so 
due  sufh  municipal  corporation.  Such  claim  shall  be  audited  by  the 
board  of  supervisors  in  the  manner  in  which  other  claims  against  the 
county  are  audited,  and  if  the  amount  thereof  is  correct,  the  same  shall 
be  allowed,  and  the  county  auditor  instructed  to  draw  his  warrant  for 
said  amount  against  the  road  fund  of  the  district  in  which  such  annexed 
territory  is  situated.  This  section  shall  apply  to  all  such  taxes  not  paid 
into  the  county  treasury  prior  to  the  taking  effect  of  this  act. 

Act  of  1898  not  affected.     Title  of  act. 

§  11.  This  act  shall  in  no  wise  affect  an  act  entitled  "An  act  to 
provide  for  the  alteration  of  the  boundaries  of  and  for  the  annexation 
of  territory  to  incorporated  towns  and  cities,  and  for  the  incorporation 
of  such  annexed  territory  in  and  as  a  part  of  such  municipalities,  and 
for  the  districting,  government,  and  municipal  contrpl  of  annexed  terri- 
tory," approved  March  19,  1889,  or  acts  amendatory  to  said  act,  and 
this  act  shall  not  apply  to  any  proceedings  had  or  taken  thereunder, 
but  is  intended  and  does  provide  an  alternative  method  for  the  annexa- 
tion of  territory  to  municipal  corporations.  When  any  proceedings  for 
the  annexation  of  territory  to  any  municipal  corporation  are  commenced 
under  this  act,  the  provisions  of  this  act,  and  of  such  amendments 
thereof  as  may  hereafter  be  adopted,  and  no  other,  shall  apply  to  such 
proceedings.  This  act  may  be  designated  and  referred  to  as  the  "An- 
nexation act  of  1913." 
See  ante,  Act  2374. 

ACT  2379a. 

An  act  to  provide  for  changing  the  boundaries  of  cities  and  municipal 
corporations,  and  to  exclude  uninhabited  territory  therefrom. 
[Approved  .June   11,   1913.     Stats.   1913,   p.   703.] 

Excluding     uninhabited     territory.     Notice.     Objection     to     exclusion. 
Election.     Exclusion,  when  complete. 
§  1.     The    boundaries    of   any    city    or   municipal    corporation    may   be 
altered,  and  uninhabited  territory  excluded  therefrom,  after  proceedings 


Act  2379a,  §  1  genekal  laws.  1546 

had,  as  required  in  this  section.  The  legislative  body  of  any  municipal 
corporation,  upon  receiving  a  written  petition  therefor,  containing  a 
description  of  the  uninhabited  territory  proposed  to  be  excluded  from 
said  corporation,  and  signed  by  not  less  than  one-tenth  in  number  of  the 
qualified  electors  of  such  municipal  corporation,  computed  on  the  num- 
ber of  votes  cast  at  the  last  general  municipal  election  held  therein, 
must,  without  delay,  notify  the  board  of  supervisors  of  the  county  in 
which  said  town  or  city  is  located  of  the  fact  of  filing  such  petition. 
Upon  receipt  of  such  notification  it  shall  be  the  duty  of  said  board  of 
supervisors  to  cause  a  notice  to  be  published  in  said  county  for  a  period 
of  five  successive  days  in  case  there  is  a  daily  newspaper  therein,  or 
in  ease  where  there  is  only  a  weekly  or  semi-weekly  newspaper  pub- 
lished therein  then,  for  two  successive  weekly  or  semi-weekly  publi- 
cations, setting  forth  by  general  description  the  land  sought  to  be 
excluded  from  the  said  municipality  and  announcing  the  time  and 
place  when  and  where  objections  to  said  exclusion  will  be  heard. 
Any  person  owning  any  land  so  sought  to  be  excluded  may  object  to 
said  exclusion  by  filing  a  written  remonstrance  with  the  said  board 
of  supervisors.  At  the  time  specified  in  said  notice,  or  at  such  other 
time  as  may  be  fixed  by  postponement,  the  said  board  of  supervisors 
shall  hear  the  said  protestations,  and  unless  the  remonstrances  are  filed 
by  the  owners  of  more  than  one-half  of  the  land  sought  to  be  excluded, 
the  decision  of  said  board  of  supervisors  upon  said  protestations  shall 
be  final  and  conclusive.  In  the  event  that  the  owners  of  more  than 
one-half  of  the  land  sought  to  be  excluded,  or  the  owners  of  anj-  single 
tract  of  land  exceeding  five  acres  in  area,  file  remonstrances  against 
such  exclusion,  said  protestations  shall  be  sustained  by  the  board  of 
supervisors  and  shall  be  a  bar  to  any  further  proceedings  under  the  pro- 
visions of  this  act  for  the  period  of  one  year.  In  the  event  that  there 
are  no  protestations  filed  or  if  filed,  if  the  same  are  overruled  by  said 
board  of  supervisors,  and  the  said  board  shall  by  resolution  consent 
to  the  exclusion  of  said  uninhabited  territory  by  the  municipality,  it 
shall  then  be  the  duty  of  the  legislative  branch  of  said  municipality 
to  submit  to  the  electors  of  such  municipality  the  question  whether  or 
not  said  territory  proposed  to  be  excluded  shall  be  excluded  from  said 
municipal  corporation.  Such  question  shall  be  submitted  at  a  special 
election  to  be  held  for  that  purpose,  or  at  any  municipal  election. 
Notice  of  said  election  shall  be  published  in  a  newspaper,  printed  in 
such  city  or  town,  at  least  once  a  week  for  a  period  of  two  weeks 
next  preceding  such  election.  Said  notices  shall  state  that  it  is  pro- 
posed to  exclude  the  territory  sought  to  be  excluded  from  said  municipal 
corporation  and  invite  the  electors  of  said  city  or  town  to  vote  upon 
such  proposition  by  placing  a  cross  (X)  opposite  the  words  "For  exclu- 
sion" or  the  words  "Against  exclusion"  to  indicate  whether  they  vote 
for  or  against  the  exclusion  of  such  territory.  In  said  notice  the  terri- 
tory sought  to  be  excluded  may  be  generally  described  in  such  manner 
as  to  apprise  the  voters  of  the  particular  land  or  territory  sought  to  be 


1547  MUNICIPAL  CORPORATIONS.     Act  2379a,  §§  2,  3 

excluded.  Said  legislative  body  is  hereby  empowered  and  it  shall  be  ita 
duty  to  establish  and  in  such  notice  of  election  designate  the  voting 
precinct  or  precincts,  or  places  at  which  the  polls  will  be  opened  in  said 
city  or  town,  and  said  elective  body  is  empowered  to  appoint  the  officers 
of  such  election,  who  shall  be  for  each  voting  place  at  least  two  judges 
and  one  inspector,  each  of  whom  shall  be  a  qualified  elector  of  said  city 
or  town.  The  judges  and  inspectors  of  such  election  shall  immediately 
upon  the  closing  of  the  polls,  count  the  ballots,  make  up  and  certify  the 
returns  of  the  ballots  cast  at  their  respective  polling  places,  as  quickly 
as  possible,  in  the  manner  provided  in  the  laws  of  this  state,  and  deposit 
all  said  returns  with  the  clerk  of  said  city  or  town.  Said  legislative 
body  shall,  at  the  time  provided  for  its  regular  meeting  next  after  said 
returns  are  filed  with  the  clerk  of  said  city  or  town,  meet  and  proceed 
to  open  and  canvass  said  returns,  and  immediately  upon  the  completion 
of  such  canvass  cause  a  report  thereof  to  be  made  and  entered  upon  its 
minutes,  showing  the  whole  number  of  votes  cast  and  the  number  cast 
in  favor  of  exclusion  and  the  number  cast  against  exclusion;  and  if  it 
shall  appear  from  such  canvass  that  a  majority  of  votes  cast  is  in  favor 
of  exclusion,  the  clerk  or  other  officer  performing  the  duties  of  the  clerk 
of  such  legislative  body  shall  make  and  certify,  under  the  seal  of  such 
municipal  corporation,  and  transmit  to  the  secretary  of  state  and  to 
the  board  of  supervisors  of  the  county  in  which  said  city  or  town  is 
located,  a  copy  of  said  report  so  entered  upon  its  minutes,  together  with 
a  statement  showing  the  date  of  said  election  and  the  time  and  result 
of  said  canvass,  which  document  shall  be  filed  by  the  secretary  of  state 
and  the  clerk  of  said  board  of  supervisors.  From  aud  after  the  date 
of  filing  of  said  document  in  the  office  of  the  secretary  of  state,  the 
exclusion  of  such  territorj^  so  proposed  to  be  excluded  shall  be  deemed 
and  shall  be  complete  and  thenceforth  such  excluded  territory  shall 
cease  to  be  a  part  of  such  municipal  corporation,  for  all  intents  and 
purposes;  provided,  that  nothing  contained  in  this  act  shall  be  held  to 
relieve  in  any  manner  whatsoever  any  part  of  said  territory  from  any 
liability  for  any  debt  contracted  by  such  municipal  corporation  prior 
to  such  exclusion;  and  provided,  further,  that  such  municipal  corpora- 
tion is  hereby  authorized  to  levy  and  collect  from  any  territory  so  ex- 
cluded from  time  to  time  such  sums  of  money  as  shall  be  found  due 
from  it  on  account  of  its  just  proportion  of  liability  for  any  payment  on 
the  principal  or  interest  of  such  debts. 

Legislative  districts  not  aifected. 

§  2.  Nothing  in  this  act  shall  alter  or  affect  the  boundaries  of  any 
senatorial  or  assembly  district. 

Expenses. 

§  3.  All  proper  expenses  of  proceedings  for  exclusion  of  uninhabited 
territory  under  this  act,  whether  such  exclusion  shall  be  made  and  com- 
pleted or  not,  shall  be  paid  by  the  municipal  corporation  so  excluding  or 
attempting  to  exclude  such  territory. 


Act  2383,  §  2a  general  laws.  1548 

ACT  2383. 

An   act    to   provide     for   the    consolidation    of     municipal     corporations. 
[Approved  March  11,  1909.     Stats.  1909,  p.  282.] 
Amended  1911,  Statutes  of  1911,  page  1199,  as  follows: 

Sulimitting  question  of  payment  of  bonds  at  elections  proposing  the  con- 
solidation of  municipalities.     Two-thirds  vote  necessary  to  carry. 

§  2a.  Whenever  any  one  or  more,  or  all  of  the  municipal  corporations 
proposed  to  be  consolidated  under  the  provisions  of  this  act  shall  have 
incurred,  or  authorized  the  incurring  of,  any  bonded  indebtedness  for 
the  acquisition,  construction  or  completion  of  any  municipal  improvement 
or  improvements,  the  petition  provided  for  in  section  2  of  this  act  may 
contain  a  request  that  the  question  to  be  submitted  to  the  electors  of 
such  municipal  corporations  shall  be  whether  such  municipal  corporations 
shall  become  consolidated  as  hereinbefore  provided,  and  the  property  in 
any  one  or  more,  specified  in  said  petition,  of  such  municipal  corpora- 
tions, be,  after  such  consolidation,  subject  to  taxation,  equally  with  the 
property  in  any  other  one  or  more,  specified  in  said  petition,  of  said 
municipal  corporations,  to  pay  any  such  bonded  indebtedness,  specified 
in  said  petition,  of  said  other  municipal  corporation  or  corporations, 
outstanding  at  the  date  of  such  consolidation,  or  theretofore  authorized. 
If  such  request  shall  be  made  in  said  petition,  proceedings  shall  be  had 
thereon,  the  same  in  all  respects  as  upon  a  petition  presented  under  the 
provisions  of  the  preceding  section,  excepting  that  the  notice  of  election 
shall,  in  addition  to  the  matters  required  by  the  preceding  section,  dis- 
tinctly state  that  it  is  proposed  that  such  property  as  it  may  be  proposed 
in  said  petition  shall  be  taxed  to  pay  such  bonded  indebtedness  of  any 
one  or  more  of  such  municipal  corporations  proposed  to  be  consolidated, 
as  specified  in  said  petition,  other  than  that  in  which  such  property  is 
situated,  shall,  after  the  date  of  such  consolidation,  be  taxed  equally 
with  the  property  within  the  municipal  corporation  or  corporations  orig- 
inally incurring,  or  authorizing  the  incurring  of,  such  indebtedness,  to 
pay  the  same.  The  said  notice  shall,  in  addition,  distinctly  specify  the 
improvement  or  improvements  for  which  such  indebtedness  was  so  in- 
curred or  authorized,  and  state  the  amount  or  amounts  of  such  indebt- 
edness already  incurred  outstanding  at  the  date  of  the  first  publication 
or  posting  of  such  notice,  and  the  amount  or  amounts  of  such  indebted- 
ness theretofore  authorized,  and  to  be  represented  by  bonds  thereafter 
to  be  issued,  and  the  maximum  rate  of  interest  paj'able  or  to  be  payable 
on  such  indebtedness;  and  upon  the  canvass  of  the  returns  of  the  election 
held  in  pursuance  of  such  notice,  if  it  shall  appear  that  two-thirds  of  all 
the  ballots  cast  in  each  municipal  corporation  the  property  in  which  it 
is  proposed,  as  aforesaid,  shall,  after  consolidation,  be  subject  to  taxation 
to  pay  any  bonded  indebtedness  of  any  other  of  the  said  municipal  cor- 
porations proposed  to  he  consolidated  shall  be  in  favor  of  such  consolida- 
tion, and  that  a  majority  of  the  votes  cast  in  each  of  the  other  municipal 


1549  MUNICIPAL  CORPORATIONS.  Act  2383a,  §  1 

corporations  so  proposed  to  be  consolidated  shall  be  in  favor  of  consoli- 
dation, and  not  otherwise,  the  same  proceedings  shall  be  had  as  in  the 
preceding  section  it  is  provided  shall  be  taken  when  a  majority  of  the 
votes  cast  in  each  such  municipal  corporation  shall  be  in  favor  of  such 
consolidation,  and  such  consolidation  shall  be  deemed  to  be  completed 
in  the  same  manner,  and  with  the  same  effect,  as  in  sai<l  section  provided. 
After  the  completion  of  the  consolidation  of  such  municipal  corporations 
as  hereinabove  provided,  the  property  in  each  of  said  municipal  cor- 
porations which,  in  said  petition  and  notice,  it  was  proposed  should  be 
taxed  to  pay  any  specified  bonded  indebtedness  of  any  other  of  said 
municipal  corporations  so  consolidated,  shall  thereafter  be  taxed  equally 
with  tiie  property  within  the  municipal  corporation  originally  incurring, 
or  authorizing  the  incurring  of,  such  bonded  indebtedness  for  the  pay- 
ment of  such  specified  indebtedness.  [New  section  approved  April  27, 
1911;  Stats.  1911,  p.  1199.] 

No  property  to  be  taxed  for  prior'indebtedness  except  in  accordance  with 
section  2a.  ** 

§  4.  That  no  property  in  any  of  the  municipal  corporations  consoli- 
dated under  the  provisions  of  this  act  shall  ever  be  taxed  to  pay  any 
portion  of  any  indebtedness  or  liability  of  any  of  the  other  such  munici- 
pal corporations,  contracted  or  incurred  prior  to  or  existing  at  the  time 
of  such  consolidation,  unless  the  proceedings  for  such  consolidation  shall 
have  been  had  in  accordance  with  the  provisions  of  section  2a  of  this  act, 
in  which  event  the  property  in  such  municipal  corporations  shall  be  taxed 
as  provided  in  said  section.  The  legislative  body  of  any  consolidated 
municipal  corporation,  consolidated  under  the  provisions  of  this  act,  shall 
provide  for  the  payment  of  the  indebtedness  or  liability  of  each  of  the 
municipal  corporations  consolidated  therein,  and  shall  levy  and  collect 
the  necessary  taxes  therefor,  and  for  that  purpose,  and  for  all  other 
purposes,  such  consolidated  municipal  corporation  and  its  officers,  shall 
be  deemed  the  successor  and  successors  of  such  municipal  corporations 
so  consolidated  and  their  respective  officers.  [Amendment  approved 
April  27,  1911;  Stats.  1911,  p.  1201.] 

Citations.      Cal.    155/611;    156/352;    157/713,    715,    716,    717,   719,    722,    723, 
725,  726. 

See   post.    Act    2383a. 

ACT  2383a. 

An  act  to  provide  for  the  consolidation  of  municipal  corporations. 
[Approved  June  11,  1913.     Stats.  1913,  p.  577.] 

Consolidation  of  municipal  corporations. 

§  1.  Municipal  corporations  situated  in  the  same  county  may  be  con- 
solidated in  accordance  with  proceedings  had  and  taken  under  the  pro- 
visions of  this  act.  Whenever  municipal  corporations  are  proposed  to 
be  consolidated  under  the  provisions  of  this  act,  the  one  of  such  munici- 


Act  2383a,  §  2  general  laws.  1550 

pal  corporations  which  has  the  greatest  population  as  shown  by  the  last 
federal  census,  or,  in  the  event  that  any  of  said  municipal  corporations 
shall  have  been  incorporated  subsequent  to  the  taking  of  the  last  fed- 
eral census,  the  one  of  such  municipal  corporations  which  has  the  largest 
number  of  electors,  as  shown  by  the  registration  of  electors  of  the  county 
in  which  such  municipal  corporations  are  situated,  shall,  for  the  purpose 
of  this  act,  be  deemed  to  have  the  greatest  population. 

Petition.  Election.  Notice  by  publication.  Precincts.  Election  offi- 
cers. Ballot.  Canvass  of  returns.  Declaration  of  result. 
§  2.  Whenever  a  petition,  signed  by  not  less  than  one-fourth  in 
number  of  the  qualified  electors  of  any  municipal  corporation,  as  shown 
by  the  registration  of  electors  of  the  county  in  which  such  municipal 
corporation  is  situated,  is  filed  with  the  legislative  body  thereof,  asking 
that  such  municipal  corporation  and  any  other  municipal  corporation 
contiguous  thereto,  designated  in  such  petition,  and  having  a  greater 
population,  be  consolidated,  such  legislative  body  must,  without  delay 
call  a  special  ele^-tion  and  submit  to  the  electors  of  such  municipal 
corporation  the  question  whether  such  municipal  corporations  shall  be 
consolidated.  Such  legislative  body  shall  cause  notice  to  be  given  of 
such  election  by  the  publication  of  a  notice  thereof,  in  a  newspaper 
of  general  circulation,  if  any  such  there  be,  printed  and  published  in 
such  municipal  corporation  so  proposed  to  be  consolidated  with  such 
other  municipal  corporation,  at  least  once  a  week  for  a  period  of  four 
successive  weeks  next  preceding  the  date  of  such  election.  If  there 
be  no  such  newspaper,  then  such  legislative  body  shall  cause  notice  of 
such  election  to  be  given  by  the  publication  thereof  in  a  newspaper  of 
general  circulation,  printed  and  published  in  the  county  in  which  such 
municipal  corporation  is  situated,  and  by  posting  such  notice  in  three 
public  places  in  such  municipal  corporation,  at  least  four  weeks  prior 
to  such  election.  Such  notice  shall  distinctly  state  the  proposition  to 
be  submitted,  the  names  of  the  municipal  corporations  proposed  to  be 
consolidated,  and  the  date  of  such  election,  which  date  shall  be  within 
twenty  days  after  the  expiration  of  the  publication  of  such  notice. 
Such  notice  shall  direct  the  electors  to  vote  upon  the  question  of  such 
proposed  consolidation  in  the  manner  hereinafter  provided.  Such  legis- 
lative body  is  hereby  empowered  to,  and  it  shall  be  its  duty,  to  estab- 
lish, and  in  such  notice  to  designate,  the  voting  precinct  or  precincts  and 
the  place  or  places  at  which  the  polls  will  be  open  for  such  election, 
which  place  or  places  shall  be  that  or  those  commonly  used  as  voting 
places  in  the  municipal  corporation  in  which  such  election  is  held,  if 
any  such  there  be.  The  legislative  body  of  such  municipal  corporation 
is  hereby  empowered  to,  and  it  shall  appoint  the  officers  of  such  election, 
who  shall  be,  for  each  voting  place,  two  judges  and  one  inspector,  each 
of  whom  shall  be  a  qualified  elector  of  the  voting  precinct  in  which  he 
or  she  is  appointed  to  act  as  an  officer  of  such  election.  Upon  the  ballot 
to  be  used  at  such  election,  there  shall  be  printed  the  words  "Shall  the 


1551  MUNICIPAL   CORPORATIONS.  Act  2383a,  §  3 

cities  of  (giving  names  of  municipal  corporations  proposed  to  be  con- 
solidated) be  consolidated?"  And  opposite  such  proposition  to  be  voted 
upon,  and  to  the  right  thereof,  the  words  "Yes"  and  "No"  shall  be  printed 
on  separate  lines,  with  voting  squares.  If  an  elector  shall  stamp  a  cross 
(X)  in  the  voting  square  after  the  printed  word  "Yes"  the  vote  of  such 
elector  shall  be  counted  in  favor  of  such  consolidation;  and  if  an  elector 
shall  stamp  a  cross  (X)  in  the  voting  square  after  the  printed  word 
"No,"  the  vote  of  such  elector  shall  be  counted  against  such  consolida- 
tion. The  ballots  used  at  such  election,  the  opening  and  closing  of  the 
polls,  and  the  holding  and  conducting  of  such  election,  shall  be  in  con- 
formity, as  near  as  may  be,  with  the  general  laws  of  this  state  concerning 
municipal  elections,  except  as  herein  otherwise  provided.  The  judges 
and  inspector  of  such  election  for  each  polling  place  shall,  immediately 
on  the  closing  of  the  polls,  count  the  ballots,  make  up,  certify  and  seal 
the  ballots  and  tally-sheets  of  the  ballots  cast  at  their  respective 
polling  places,  doing  so,  as  nearly  as  practicable,  in  the  manner  pro- 
vided in  the  laws  of  this  state  relating  to  general  elections,  and  they 
shall  thereupon  deliver  the  ballots,  tally  sheets,  and  return  to,  and  de- 
posit the  same  with  the  clerk  of  the  legislative  body  of  the  municipal 
corporation  in  which  such  election  was  held.  Such  legislative  body  shall, 
at  the  time  provided  for  its  regular  meeting  next  after  the  expiration 
of  three  days  from  and  after  the  date  of  said  election,  meet  and  pro- 
ceed to  canvass  said  returns;  and  such  canvass  shall  be  completed  at 
such  meeting,  if  practicable,  and  in  any  event,  as  soon  as  practicable, 
avoiding  adjournment  or  adjournments,  until  said  canvass  is  completed. 
Immediately  upon  the  completion  of  such  canvass,  said  legislative  body 
shall  declare  the  result  of  such  election  and  shall  cause  a  record  thereof 
to  be  made  and  entered  upon  its  minutes,  stating  the  proposition  sub- 
mitted, and  showing  the  whole  number  of  votes  cast  thereon  in  such 
municipal  corporation,  the  number  of  votes  cast  therein  in  favor  of  con- 
solidation, and  the  number  of  votes  cast  therein  against  consolidation. 

Should  majority  favor.     Question  submitted  to  larger  city. 

§  3.  If  it  shall  appear  from  the  canvass  of  the  returns  of  the  elec- 
tion mentioned  in  section  2  of  this  act,  that  a  majority  of  all  the 
votes  cast  in  the  municipal  corporation  in  which  such  election  was  held, 
upon  the  question  of  consolidation  submitted  at  such  election,  are  in 
favor  of  such  consolidation,  the  clerk  of  the  legislative  body  of  such 
municipal  corporation,  shall  forthwith  make,  under  the  seal  thereof,  and 
deliver  to  the  clerk  of  the  legislative  body  of  the  other  of  the  municipal 
corporations  proposed  to  be  so  consolidated,  to  wit,  the  municipal  cor- 
poration having  the  greater  population,  a  copy  in  duplicate  of  _  the 
record  of  such  canvass,  together  with  a  statement  of  the  proposition 
submitted  at  such  election.  The  clerk  of  the  legislative  body  of  such 
municipal  corporation  so  having  the  greatest  population  shall  present 
one  such  copv  of  said  record  and  said  statement  to  such  legislative 
body  without "^delay,  and  retain  the  other  to  be  filed  as  hereinafter  pro- 


Act  2383a,  §  4  general  laws.  1552 

vided.  Upon  receiving  the  cojiy  of  such  record  so  presented  such  legis 
lative  body  must  then  submit  to  the  electors  of  such  other  of  the  munici- 
pal corporations  so  proposed  to  be  consolidated  and  having  the  greatest 
population,  the  question  whether  such  consolidation  shall  be  effected. 
Such  question  may  be  so  submitted  at  the  next  general  municipal  election 
to  be  held  in  such  municipal  corporation,  or  it  may  be  so  submitted 
prior  to  such  general  election,  either  at  a  special  election  called  therein 
for  that  purpose,  or  at  any  other  special  municipal  election  therein, 
except  an  election  at  which  the  submission  of  such  question  is  prohibited 
by  law.  "Whenever  such  question  is  submitted  at  any  election  in  such 
municipal  corporation,  such  question  shall  be  stated  in  the  notice  of  such 
election  and  on  the  ballots  to  be  used  at  such  election,  and  the  electors 
shall  vote  thereon,  in  the  same  manner  as  hereinbefore  proviilcd  in  the 
case  of  the  election  mentioned  in  section  2  of  this  act.  And  whenever 
such  question  is  submitted  at  any  such  municipal  election,  general  or 
special,  as  provided  in  this  section,  it  shall  be  submitted  and  voted  upon 
as  other  questions  are  required  by  law  to  be  submitted  and  voted  upon 
at  such  elections,  except  in  particulars  otherwise  in  this  act  set  forth; 
and  the  laws  applicable  to  and  governing  the  time  and  manner  of  giving 
notice,  conducting,  holding,  canvassing  the  returns,  and  declaring  the 
result  of  any  such  election  shall  apply  to  and  govern  the  submission  of 
such  question  to  the  electors  of  such  municipal  corporation  at  any  such 
election. 

Declaration  of  result.  Should  majority  favor.  Filed  with  secretary  of 
state. 
§  4.  Immediately  upon  the  completion  of  the  canvass  of  the  returns 
of  any  election  in  the  municipal  corporation  having  the  greater  popula- 
tion of  two  municipal  corporations  proposed  to  be  consolidated,  at  which 
the  question  of  such  consolidation  was  submitted,  as  provided  in  section 
3  of  this  act,  the  legislative  body  of  such  municipal  corporation  having 
the  greater  population  shall  declare  the  result  of  such  election,  and 
shall  cause  a  record  to  be  made  and  entered  upon  its  minutes,  stating 
the  proposition  submitted,  and  showing  the  total  number  of  votes  cast 
in  such  municipal  corporation  upon  the  question  of  such  consolidation 
at  such  election,  the  number  thereof  cast  in  favor  of  consolidation,  and 
the  number  thereof  cast  against  consolidation.  If  it  shall  appear  from 
the  canvass  of  the  returns  of  such  election,  that  a  majority  of  the  qual- 
ified electors  of  such  municipal  corporation,  voting  on  the  question  of 
such  consolidation,  are  in  favor  thereof,  the  clerk  or  other  officer  per- 
forming the  duties  of  clerk  of  the  legislative  body  of  such  municipal 
corporation  shall  promptl}^  make  and  certify,  under  the  seal  thereof, 
and  transmit  to  the  secretary  of  state,  a  copy  of  the  record  of  the 
canvass  of  the  returns  of  the  election  in  such  municipal  corporation 
having  the  greater  population,  at  which  the  question  of  such  consolida- 
tion was  submitted,  and  entered  upon  its  minutes  as  aforesaid,  and  one 
copy  theretofore  delivered  to  him  as  aforesaid,  of  the  record  of  the  can- 


1553  MUNICIPAL   CORPORATIONS.  Act  2383a,  §  5 

vass  of  the  returns  of  the  election  in  the  other  of  the  municipal  cor- 
porations proposed  to  be  consolidated,  together  with  a  statement  showing 
the  date  of  each  such  election  in  each  such  municipal  corporation,  and 
the  time  and  the  result  of  the  canvass  of  the  returns  of  each  such  elec- 
tion. Said  document  shall  be  filed  in  his  office  by  the  secretary  of 
state  immediately  upon  receipt  thereof.  Upon  the  "filing  of  said  docu- 
ment in  the  office  of  secretary  of  state,  such  consolidation  shall  be 
deemed  to  be  complete  and  such  municipal  corporations  shall  be  deemed 
to  be  consolidated  and  the  one  of  such  municipal  corporations  not  having 
the  greatest  population,  shall  be  deemed  to  be,  and  shall  be,  annexed  and 
joined  to  and  merged  into  the  one  of  said  municipal  corporations  having 
the  greatest  population. 

Question  of  taxation  to  pay  bonded  indebtedness.  Notice  to  specify  im- 
provements. Election.  Submitting  question  to  larger  city.  Tax- 
ation after  consolidation. 
§  5.  Whenever  any  two  municipal  corporations  are  proposed  to  be 
consolidated,  under  the  provisions  of  this  act  and  the  one  of  such  munici- 
pal corporations  having  the  greatest  population  shall  have  theretofore 
incurred,  or  authorized  the  incurring  of,  any  bonded  indebtedness  for  the 
acquisition,  construction  or  completion  of  any  municipal  improvement 
or  improvements,  the  petition  provided  for  in  section  2  of  this  act  may 
contain  a  request  that  the  question  to  be  submitted  to  the  electors  of  the 
municipal  corporation  whose  legislative  body  receives  such  petition  shall 
be,  whether  such  municipal  corporations  shall  be  consolidated,  as  herein- 
before in  this  act  provided,  and  the  property  in  the  municipal  corpora- 
tion not  having  the  greatest  population,  shall  after  such  consolidation, 
be  subject  to  taxation,  equally  with  the  property  in  such  other  municipal 
corporation  designated  in  such  petition  and  having  the  greatest  popula- 
tion, to  pay  any  such  bonded  indebtedness  to  be  specified  in  said  peti- 
tion, of  such  other  municipal  corporation,  outstanding  at  the  date  of  such 
consolidation,  or  theretofore  authorized.  If  such  request  be  made  in 
such  petition,  proceedings  shall  be  had  thereon  and  the  question  of  such 
consolidation  shall  be  submitted  to  the  electors  in  such  municipal  corpo- 
ration not  having  the  greatest  population,  the  same  in  all  respectsas 
upon  a  petition  presented  under  the  provisions  of  section  2,  excepting 
that  the  notice  of  election  shall,  in  addition  to  the  matters  required  by 
said  section,  distinctly  state  that  it  is  proposed  that  the  property  in  such 
municipal  corporation  not  having  the  greatest  population  shall  be  taxed 
to  pay  such  bonded  indebtedness  of  such  other  municipal  corporation  hav- 
ing the  greater  population  so  outstanding  or  authorized  at  the  date  of 
such  consolidation,  equally  with  the  property  within  such  other  munici- 
pal corporation.  The  said  notice  shall,  in  addition,  distinctly  specify  the 
improvement  or  improvements  for  which  such  indebtedness  was  so  in- 
curred or  authorized,  and  state  the  amount  or  amounts  of  such  indebted- 
ness already  incurred,  outstanding  at  the  date  of  the  first  publication  of 
98 


Act  2333a,  §  6  general  laws,  1554 

such  notice,  and  the  amount  or  amounts  of  such  indebtedness  theretofore 
authorized,  and  to  be  represented  by  bonds  thereafter  to  be  issued, 
and  the  maximum  rate  of  interest  payable,  or  to  be  payable  on  such 
indebtedness. 

The  returns  of  such  election  held  in  pursuance  of  such  notice  shall  be 
canvassed,  as  provided  in  section  2  of  this  act,  by  the  legislative  body 
of  the  municipal  corporation  in  which  such  election  was  held,  and  imme- 
diately upon  the  completion  of  such  canvass,  such  legislative  body  shall 
declare  the  result  of  such  election  and  shall  cause  a  record  of  such  can- 
vass to  be  made  and  entered  upon  its  minutes,  as  provided  in  said  sec- 
tion 2,  and  there  shall  be  included  in  such  record  a  statement  of  such 
bonded  indebtedness  of  the  one  of  the  municipal  corporations  proposed 
to  be  consolidated  having  the  greater  population  incurred  and  outstand- 
ing, or  authorized,  as  set  forth  in  the  notice  of  such  election,  for  the 
payment  of  which  the  property  in  the  municipal  corporation  in  which 
such  election  was  held,  shall  be  subject  to  taxation  as  set  forth  in  the 
notice  of  such  election.  If  it  shall  appear  from  such  canvass  that  two- 
thirds  of  all  votes  cast  at  such  election  upon  the  question  of  such  con- 
solidation, are  in  favor  thereof,  the  clerk  of  such  legislative  body  in 
which  such  election  was  held  shall  forthwith  deliver  a  copy  in  duplicate 
of  such  record  and  statement  to  the  clerk  of  the  legislative  body  of  the 
other  of  the  municipal  corporations  so  proposed  to  be  consolidated,  and 
having  the  greatest  population.  Thereupon  the  question  of  such  con- 
solidation shall  be  submitted  to  the  electors  of  such  other  municipal  cor- 
poration at  an  election  therein,  and  in  the  same  manner  in  all  respects 
as  provided  in  section  3  of  this  act.  And  upon  the  canvass  of  the 
returns  of  such  election,  if  it  shall  appear  therefrom,  that  a  majority  of 
the  votes  cast  at  such  election  in  such  other  municipal  corporation  having 
the  greater  population,  upon  the  question  of  such  consolidation,  are  in 
favor  thereof,  the  same  proceeding  shall  be  had  as  provided  in  section 
4  of  this  act,  and  such  consolidation  shall  be  deemed  to  be,  and  shall 
be,  completed  in  the  same  manner,  and  with  the  same  effect  as  in  said 
section  provided.  After  the  completion  of  the  consolidation  of  such 
municipal  corporations,  as  hereinbefore  provided,  the  property  in  the  one 
of  such  municipal  corporations  so  consolidated,  not  having  the  greater 
population,  shall  thereafter  be  taxed  equally  with  the  property  in  the 
one  of  such  municipal  corporations  having  the  greater  population  and  that 
originally  incurred,  or  authorized  the  incurring  of  the  bonded  indebted- 
ness specified  in  the  petition  for  such  consolidation. 

Questions  of  consolidation  with  more  than  one  city. 

§  6.  Nothing  in  this  act  contained  shall  be  construed  to  prevent  the 
submission  to  the  electors  of  any  municipal  corporation  having  a  greater 
population  than  either  of  the  other  municipal  corporations  proposed  to 
be  consolidated  therewith,  as  separate  propositions  to  be  voted  upon 
separately  at  one  and  the  same  election  in  the  municipal  corporation  so 
having  the  gre-ater  population,  of  the  questions  of  the  consolidation  there- 


1555  MUNICIPAL  CORPORATIONS.  Act  2383a,  §  6 

with  of  two  or  more  such  other  municipal  corporations,  each  of  which 
is  contiguous  to  such  municipal  corporation  having  the  greatest  popula- 
tion. Whenever,  upon  proceedings  had  and  taken,  and  at  elections  called 
and  held  in  accordance  with  the  provisions  of  this  act,  the  electors  of 
each  of  two  or  more  such  other  municipal  corporations  have  voted  in 
favor  of  the  consolidation  thereof  with  the  same  municipal  corporation, 
having  the  greatest  population,  the  legislative  body  of  such  municipal 
corporation  must  submit  to  the  electors  thereof,  as  separate  propositions, 
each  to  be  roted  upon  separately  and  without  regard  to  any  of  the 
others,  the  question  whether  each  such  other  municipal  corporation  shall 
be  consolidated  with  such  municipal  corporation  so  having  the  greatest 
population.  Such  questions  may  be  so  submitted  at  the  next  general 
municipal  election  to  be  held  in  such  municipal  corporation,  or  they  may 
be  so  submitted  prior  to  such  general  election,  either  at  a  special  election 
called  therein  for  that  purpose,  or  at  any  other  special  election  therein, 
except  an  election  at  which  the  submission  of  such  questions  is  pro- 
hibited by  law.  The  notice  of  such  election  shall  state,  as  separate 
propositions  to  be  submitted  at  such  election,  the  question  of  the  con- 
solidation of  each  such  other  municipal  corporation,  in  the  same  manner 
as  hereinbefore  provided  in  the  case  of  the  notice  of  an  election  in  such 
municipal  corporation  at  which  the  question  of  the  consolidation  of  only 
one  other  municipal  corporation  therewith  is  submitted;  and  the  ques- 
tion, as  to  each  such  other  municipal  corporation,  shall  be  printed  upon 
the  ballots  to  be  used  at  such  election  and  the  same  shall  be  voted  upon, 
separately,  in  like  manner  as  hereinbefore  provided  in  the  case  of  the 
submission  of  the  question  of  the  consolidation  therewith  of  one  such 
other  municipal  corporation.  The  provisions  of  this  act  shall  apply  to 
the  holding  and  conducting  of  such  election  in  all  respects  the  same  as 
in  the  case  of  an  election  when  only  one  such  question  is  submitted;  pro- 
vided, however,  that  the  consolidation  of  such  municipal  corporation  having 
the  greatest  population  and  any  other  municipal  corporation  or  corpo- 
rations, upon  the  question  or  questions  of  which  consolidation  a  majority 
of  votes  east  thereon  at  such  election  shall  have  been  cast  in  favor 
thereof,  shall  not  be  affected  or  prejudiced  in  any  manner,  in  the  event 
that  a  majority  of  the  votes  cast  at  such  election  upon  the  question  or 
questions  of  the  consolidation  of  such  municipal  corporation  having  the 
greatest  population  and  any  other  municipal  corporation  or  corporations 
shall  have  been  cast  against  such  consolidation.  If  it  shall  appear  from 
a  canvass  of  the  returns  of  such  election,  that  a  majority  of  the  qualified 
electors  of  such  municipal  corporation  having  the  greatest  i)opulation, 
voting  separately  upon  the  question  of  the  consolidation  of  tlie  same 
and  any  one  or  more  other  municipal  corporations  are  in  favor  thereof, 
the  clerk  or  other  officer  performing  the  duties  of  clerk  of  the  legislative 
body  of  such  municipal  corporation  having  the  greatest  population  shall 
promptly  make  and  certify,  under  the  seal  thereof,  and  transmit  to  the 
secretary  of  state,  a  copy  of  the  record  of  the  canvass  of  the  returns 
of  the  election  in  such  municipal  corporation  having  the  greatest  popula- 


Act  2383a,  §§  7, 8  general  laws.  1556 

tion  at  which  the  questions  of  such  consolidations  were  submitted,  and 
entered  upon  its  minutes  as  aforesaid,  and  one  of  the  copies,  delivered 
to  him  as  aforesaid,  of  the  record  of  the  canvass  of  the  returns  in  each 
of  the  other  municipal  corporations  proposed  to  be  consolidated,  together 
with  a  statement  showing  the  date  of  the  elections  in  such  municipal 
corporations  and  in  each  such  other  municipal  corporation  proposed  to 
be  consolidated  therewith  and  the  time  and  result  of  the  canvass  of  the 
returns  of  such  elections;  provided,  however,  that  the  aforesaid  record 
and  statement  as  to  any  number  of  such  consolidations  may  be  included 
in  one  document.  Upon  the  filing  of  said  document  in  the  office  of  the 
secretary  of  state,  each  such  consolidation  shall  be  deemed  to  be,  and 
shall  be  complete,  and  each  municipal  corporation  so  consolidated  with 
the  municipal  corporation  having  the  greatest  population,  shall  be  deemed 
to  be,  and  shall  be  consolidated  with,  annexed  and  joined  to  and  merged 
into  the  one  of  such  municipal  corporations  having  the  greatest  popu- 
lation. 

Only  one  petition  for  consolidation  may  be  presented  at  one  time. 

§  7.  Whenever  a  petition  for  the  consolidation  of  any  two  municipal 
corporations  has  been  received  by  the  legislative  body  of  one  of  them 
as  in  section  2  of  this  act  provided,  no  other  petition  asking  for  the  con- 
solidation of  the  municipal  corporation,  whose  legislative  body  received 
such  petition,  to  any  other  municipal  corporation  shall  be  presented  to  the 
legislative  body  of  such  municipal  corporation,  and  such  legislative  body 
shall  not  submit  the  question  of  the  consolidation  of  such  municipal  cor- 
poration to  any  other  municipal  corporation,  until  the  question  of  the 
consolidation  of  the  municipal  corporation  whose  legislative  body  received 
the  petition  first  in  this  section  mentioned  shall  have  been  submitted  to 
the  electors  residing  therein,  and  a  majority  of  electors  voting  upon  such 
question  in  such  municipal  corporation,  shall  have  voted  against  such 
consolidation;  or,  in  the  event  that  a  majority  of  the  electors  of  such 
municipal  corporation  shall  have  voted  in  favor  of  such  consolidation, 
until  the  question  of  such  consolidation  shall  have  been  submitted  to  the 
electors  of  the  one  of  such  municipal  corjiorations  having  the  greater 
population  and  a  majority  of  the  electors  of  such  last-mentioned  munici- 
pal corporation  voting  upon  such  question,  shall  have  voted  against  such 
consolidation. 

Smaller  mmiicipal  corporations  consolidated  deemed  dissolved.  New 
charter  may  be  framed. 
§  8.  Upon  the  completion  of  the  consolidation,  under  the  provisions  of 
this  act,  of  one  or  more  municipal  corporations  with  another  municipal 
corporation  having  a  greater  population  than  any  of  the  municipal  corpo- 
rations so  consolidated  therewith,  each  such  municipal  corporation  so 
consolidated,  other  than  the  municipal  corporation  having  the  greatest 
population  shall  ipso  facto  be  deemed  to  be  and  shall  be  dissolved  and 
disincorporated,  and  any  freeholders'  charter  thereof  shall  be  deemed  to 


1557  MUNICIPAL  CORPORATIONS.  Act  2383a,  §  9 

be,  and  shall  be  surrendered  and  annulled.  In  the  event  that  the  one  of 
any  municipal  corporations  consolidated  under  the  provisions  of  this  act, 
having  the  greatest  population,  is  governed  under  a  freeholders'  charter 
framed  and  adopted  under  the  authority  of  the  constitution  of  this  state, 
and  the  other  municipal  corporation  or  corporations  so  consolidated  there- 
with, shall  be  deemed  to  be,  and  shall  be  merged  therein  and  shall  be 
thereafter  governed  in  the  name  of,  and  under  the  freeholders'  charter  of, 
and  as  a  part  of,  such  municipal  corporation  having  the  largest  popula- 
tion; and  in  the  event  that  the  one  of  any  municipal  corporations,  con- 
solidated under  the  provisions  of  this  act,  having  the  greatest  population, 
shall  be  incorporated  and  organized  as  a  municipal  corporation  under  the 
general  laws  of  the  state  proviriing  for  the  organization,  incorporation 
and  government  of  municipal  corporations,  the  other  municipal  corpora- 
tion or  corporations  so  consolidated  therewith  shall  be  deemed  to  be, 
and  shall  be,  merged  therein  and  shall  be  thereafter  governed  in  the 
name  of,  and  as  a  part  of  the  municipal  corporation  having  the  greatest 
population,  which  shall  continue  as  a  municipal  corporation  of  the  class, 
under  such  laws,  to  which  such  municipal  corporation  so  having  such 
greatest  population  belonged  at  the  time  of  such  consolidation;  provided, 
however,  that  nothing  herein  contained  shall  be  construed  to  prevent  any 
such  consolidated  municipal  corporation,  so  governed  under  a  freeholders' 
charter  from  framing  and  adopting  a  new  charter,  after  such  consolida- 
tion, or  to  prevent  any  such  consolidated  municipal  corporation  so  gov- 
erned as  a  municipal  corporation  under  said  general  laws,  from  changing 
its  class  under  such  laws  or  from  framing  or  adopting  a  freeholders' 
charter  for  its  government,  after  such  consolidation. 

Larger  city  successor  of  others.  Officers  of  smaller  cities  to  surrender 
oifices. 
§  9.  Whenever  municipal  corporations  are  consolidated  under  the  pro- 
visions of  this  act,  the  one  of  such  municipal  corporations  having  the 
greatest  population  shall  be  deemed  and  taken  to  be,  and  shall  be  the 
successor  of  each  of  the  other  municipal  corporations  consolidated  there- 
with; and  the  title  to  any  property  owned  or  held  by  each  such  other 
municipal  corporation,  or  in  trust  therefor,  or  by  any  officer  or  board 
thereof,  in  trust  or  otherwise  for  public  use,  shall  upon  such  consolidation 
being  completed,  as  hereinbefore  provided,  ipso  facto  be  vested  in  the 
one  of  such  municipal  corporations  so  consolidated  having  the  greatest 
population,  or  in  such  officer  or  board  thereof  as  has  the  power  to  hold, 
or  control,  such  property  under  the  freeholders'  charter  or  other  law 
under  which  the  one  of  such  municipal  corporations  so  consolidated  having 
the  greatest  population  was  theretofore  governed.  Upon  the  completion 
of  such  consolidation,  all  persons  then  occupying  or  possessing  the  .several 
offices  of,  or  under  the  government  of,  each  of  the  several  municipal  cor- 
porations so  consolidated,  other  than  that  of  the  municipal  corporation 
having  the  greatest  population,  shall  immediately  quit  and  surrender  the 
occupancy  or  possession  of  sucli  offices,  which  siiall  thereupon  cease  and 


Act  2383a,  §  10  general  laws.  1558 

terminate,  and  they  stall  severally  forthwith  deliver  all  moneys,  funds, 
books,  papers,  archives  and  records  in  their  custody,  and  all  other  prop- 
erty of  such  municipal  corporations  respectively,  in  their  hands,  or  under 
their  control,  to  the  proper  oiEcers  of  such  municipal  corporation  so  con- 
solidated having  the  greatest  population. 

Obligations  not  affected.  Ordinances  of  smaller  cities.  Cases  in  court. 
Vested  rights  not  affected.  Ordinances  of  larger  cities. 
§  10.  That  any  consolidation  of  municipal  corporations  effected  under 
the  provisions  of  this  act  shall  not  affect  any  debts,  demands,  liabilities 
or  obligations  of  any  kind  existing  in  favor  of  or  against  any  such  muni- 
cipal corporations  so  consolidated,  at  the  time  of  such  consolidation,  or 
any  action  or  proceeding  then  pending  in  any  court  in  which  any  such 
debt,  demand,  liability  or  obligation  of  any  kind  may  be  involved,  or 
any  action  or  proceeding  brought  by  or  against  any  such  municipal  cor- 
poration prior  to  such  consolidation;  but  all  such  proceedings  shall  be 
continued  and  concluded,  by  final  judgment  or  otherwise,  in  all  respects 
the  same  as  if  such  consolidation  had  not  been  effected.  All  ordinances 
of  any  municipal  corporations  consolidated  under  the  provisions  of  this 
act,  except  those  of  the  one  having  the  greater  or  greatest  population, 
shall  immediately,  upon  such  consolidation  being  effected,  be  deemed  to 
be  repealed  and  of  no  further  force  and  effect;  provided,  however,  that 
such  repeal  shall  not  operate  to  discharge  any  person  from  any  liability, 
civil  or  criminal,  then  existing,  nor  to  affect  any  prosecution  then  pend- 
ing for  any  violation  of  any  such  ordinances;  and  all  cases  then  pending 
in  any  justices'  court,  police  court  or  court  of  any  recorder,  or  other 
judicial  municipal  magistrate  or  officer  of  any  of  the  municipal  corpora- 
tions so  consolidated,  except  of  the  one  having  the  greater  or  greatest 
population,  shall,  upon  such  consolidation  being  effected,  ipso  facto  be 
deemed  to  be  and  be  transferred  to  the  justices'  court,  police  court  or 
court  of  any  recorder,  or  other  judicial  municipal  magistrate  or  officer  of 
the  one  of  such  municipal  corporations  having  the  greater  or  greatest 
population  which  has  jurisdiction  of  proceedings  or  misdemeanors  or  of 
other  actions  civil  or  criminal  of  the  character  so  transferred;  provided, 
further,  that  such  repeal  shall  not  apply  to  ordinances  under  which  vested 
rights  have  accrued,  or  to  ordinances  relating  to  proceedings  for  street 
or  other  public  improvements,  or  to  proceedings  for  opening,  extending, 
widening  or  straightening  streets  or  other  public  places,  or  to  proceed- 
ings for  changing  the  grade  thereof,  all  of  which  proceedings  shall  be 
continued  and  conducted  by  and  under  the  authority  of  the  municipal 
corporation  so  consolidated  having  the  greater  or  greatest  population, 
with  the  same  force  and  effect  as  if  continued  and  conducted  by  and 
under  the  authority  of  the  municipal  corporation  by  which  they  were 
commenced.  And  all  ordinances  of  the  one  of  the  municipal  corporations 
consolidated  under  the  provisions  of  this  act  having  the  greater  or  great- 
est population,  shall,  upon  the  completion  of  such  consolidation,  ipso 
facto  have  full  force  and  effect  in  and  throughout  the  consolidated 
municipal  corporations. 


1559  MUNICIPAL  CORPORATIONS.     Act  2383a,  §§  11-14 

Taxation  to  pay  indebtedness  only  according  to  section  5.  Indebtedness 
of  smaller  cities. 
§  11.  That  no  property  in  any  of  the  municipal  corporations  consoli- 
dated under  the  provisions  of  this  act  shall  ever  be  taxed  to  pay  any 
portion  of  any  indebtedness  or  liability  of  any  of  the  other  such  muni- 
cipal corporations,  contracted  or  incurred  prior  to  or  existing  at  the  time 
of  such  consolidation,  unless  the  proceedings  for  such  consolidation  shall 
have  been  had  in  accordance  with  the  provisions  of  section  5  of  this  act, 
in  which  event  the  property  in  such  municipal  corporations  shall  be  taxed 
as  provided  in  said  section.  The  legislative  body  of  the  one  of  the 
municipal  corporations  consolidated  under  the  provisions  of  this  act,  hav- 
ing the  greater  or  greatest  population,  shall  provide  for  the  payment  of 
the  indebtedness  or  liability  of  each  of  the  other  municipal  corporations 
consolidated  therewith,  and  shall  levy  and  collect  the  necessary  taxes 
therefor,  and  for  that  purpose,  and  for  all  other  purposes,  such  greater  or 
greatest  in  population  of  any  municipal  corporations  consolidated  undei 
the  provisions  of  this  act,  and  its  officers,  shall  be  deemed  the  successor 
and  successors  of  such  other  municipal  corporations  so  consolidated  there- 
with and  their  respective  officers. 

Borough  government. 

§  12.  In  the  event  that  the  greater  or  greatest  in  population  of  any 
municipal  corporations,  consolidated  under  the  provisions  of  this  act,  shall 
be  operating  under  a  freeholders'  charter,  which  charter  shall  at  any  time 
provide  that  a  borough  or  boroughs  may  be  established  in  any  territory, 
or  incorporated  city  or  town,  annexed  to  or  joined  to  or  consolidated  with 
such  municipal  corporation,  nothing  in  this  act  contained  shall  prevent 
or  be  construed  to  prevent  any  other  municipal  corporation,  or  any  portion 
thereof  so  consolidated  with  the  municipal  corporation  so  operating  under 
such  freeholders'  charter,  from  becoming  a  borough  under  such  freehold- 
ers' charter,  to  be  established  and  governed  as  therein  provided. 

Expenses  of  proceedings. 

§  13.  All  proper  expenses  of  proceedings  for  the  consolidation  of 
municipal  corporations  under  this  act,  shall,  if  such  consolidation  bo  made 
and  completed,  be  paid  by  the  consolidated  municipal  corporation;  and 
if  such  consolidation  be  not  completed,  each  municipal  corporation  shall 
pay  the  expenses  of  calling  and  holding  any  election  within  such  corpora- 
tion at  which  the  question  of  such  consolidation  was  submitted. 

Act  of  1899  not  affected.     Title  of  act. 

§  14.  This  act  shall  in  no  wise  affect  an  act  entitled  "An  act  to  pro- 
vide for  the  annexation  of  municipal  corporations,"  approved  March  11, 
1899,  or  acts  amendatory  to  said  act,  and  this  act  shall  not  apply  to  pro- 
ceedings had  or  taken  thereunder,  but  is  intended  to  and  does  provide  an 
alternative  method  for  the  consolidation  of  municipal  corporations.  When 
any  proceedings  for  the  consolidation  of  municipal  corporations  are 
commenced  under  this  act,  the  provisions  of  this  act,  and  of  such  amend- 


Acts  2385-2389  general  laws.  1560 

ments  thereof  as  may  hereafter  be  adopted,  and  none  other,  shall  apply 
to  such  proceedings.     This  act  may  be  designated  and  referred  to  as  the 
"Municipal  Annexation  Act  of  1913." 
See  ante,  Act  2383. 

ACT  2385. 

Citations.      Cal.  161/614,  615. 

ACT  2386. 

An  act  authorizing  any  incorporated  town,  city  or  municipal  corporation 
to  permit  the  construction  and  maintenance  of  any  state  or  county 
highway  or  boulevard  over  highways  or  streets  in  its  incorporated 
limits,  or  any  portion  thereof,  by  the  supervisors  or  highway  com- 
missioners of  the  countj*. 

[Approved   March   19,   1909.     Stats.   1909,   p.   429.] 
Amended    1913,   p.   386. 

The  amendment  of  1913  follows: 

Use  of  streets  as  part  of  highway  system  permitted. 

§  1.  Any  incorporated  city,  town  or  municipal  corporation  in  this 
etate,  is  hereby  authorized  and  empowered  to  permit  by  ordinance  the  use 
of  its  streets  and  highways  by  the  board  of  supervisors  or  highway  com- 
missioners of  the  county,  for  the  purpose  of  constructing  and  maintaining 
thereon  any  highway  or  boulevard,  as  part  of  a  state  or  county  system 
of  roads  in  such  incorporated  limits,  or  any  portion  thereof;  and  the  board 
of  supervisors  shall  have  power  to  construct  and  maintain  such  bridge  or 
bridges  on  such  highway  or  boulevard  in  such  incorporated  town  or  city 
as  such  board  may  deem  necessary;  and  the  board  of  supervisors  shall 
have  power  to  macadamize,  or  pave,  curb  or  gutter,  such  highway  or  boule- 
vard in  such  manner  as  it  may  determine,  and  the  cost  or  expense  thereof 
shall  be  paid  out  of  the  general  fund  of  the  county  treasury.  [Amend- 
ment approved  June  4,  1913;  Stats.  1913,  p.  386.] 

ACT  2389. 

An  act  authorizing  municipal  corporations  to  permit  other  municipal  cor- 
porations to  construct  and  maintain  sewers,  water-mains,  and  other 
conduits  therein,  also  to  construct  and  maintain  sewers,  water-mains, 
and  other  conduits  for  their  joint  benefit,  and  at  their  joint  expense, 
and  to  make  and  enter  into  contracts  for  said  purposes. 
[Approved  March  22,  1909.  Stats.  1909,  p.  677.] 
Amended  1911,  Statutes  of  1911,  page  300,  as  follows:  • 

One  city  may  construct  sewers,  etc..  for  another. 

§  1.  Any  uiniiicipal  corporation  or  sanitary  district,  under  such  terms 
and  conditions  as  may  be  prescribed  by  the  city  council,  or  other  logis- 


1561  MUNICIPAL  CORPORATIONS.  Act  2389,  §  2 

lative  body  thereof,  is  hereby  authorized  and  empowered  to  permit  any 
other  munieipal  corporation  or  sanitary  district  to  construct  and  main- 
tain sewers,  water-mains  or  other  conduits  in,  across,  or  along  the  streets 
and  other  public  places  of  such  municipal  corporation  or  sanitary  district, 
and  to  use  the  same  for  such  purposes,  under  the  provisions  of  this  act, 
and  not  otherwise.  [Amendment  approved  March  7,  1911;  Stats.  1911, 
p.  300.] 

Resolution  to  construct. 

§  2.  Whenever  the  city  council,  a  sanitary  board  or  other  legislative 
body  of  any  municipal  corporation  or  sanitary  district  shall  find,  and 
by  resolution  shall  declare,  that  the  location  of  such  municipal  corpora- 
tion or  sanitary  district,  or  any  portion  of  the  territory  included  therein, 
is  such  that  the  same  cannot  be  adequately  or  conveniently  provided  with 
sewers,  water-mains  or  other  conduits,  without  the  construction  and 
maintenance  by  such  municipal  corporation  or  sanitary  district  of  certain 
sewers,  water-mains,  or  other  conduits  connecting  therewith,  in,  across, 
or  along  certain  streets,  or  other  public  places  of  any  other  municipal 
corporation  or  corporations,  or  sanitary  district  or  districts,  such  city 
council,  sanitary  board  or  other  legislative  body,  may  cause  a  copy  of 
such  resolution  to  be  submitted  to  the  council,  sanitary  board  or  other 
legislative  body  of  such  other  municipal  corporation  or  corporations  or 
sanitary  district  or  districts,  in  which  such  streets  or  other  public  places 
are  situated.  Said  resolution  shall  contain  a  description  of  the  sewers, 
water-mains,  or  other  conduits  proposed  to  be  constructed  and  maintained 
in  such  other  munieipal  corporation  or  corporations  or  sanitary  district  or 
districts,  and  shall  designate  the  streets,  or  other  public  places  thereof, 
in,  across  or  along  whicTi  such  sewers,  water-mains  or  other  conduits  are 
so  proposed  to  be  constructed  and  maintained.  Said  resolution  shall  be 
accompanied  by  a  request  in  writing,  that  the  municipal  corporation  or 
sanitary  district,  on  behalf  of  which  the  same  is  made,  signed  by  the 
clerk  thereof,  be  granted  permission  to  construct  and  maintain  the  sew- 
ers, water-mains  or  other  conduits  described  in  said  resolution.  The  city 
council,  sanitary  board  or  other  legislative  body  of  any  municipal  cor- 
poration or  sanitary  district  receiving  such  request  and  a  copy  of  such 
resolution  may  by  ordinance  (or  by  resolution  in  ease  of  a  sanitary  dis- 
trict) grant  such  permission  at  its  discretion,  and  under  such  terms  and 
conditions  as  it  shall  therein  prescribe.  If  the  permission  granted  under 
the  provisions  of  this  section  shall  be  for  the  construction  and  main- 
tenance of  sewers,  the  city  council,  sanitary  board  or  other  legislative 
body  by  any  municipal  corporation  or  sanitary  district  granting  the 
same,  may,  as  a  condition  to  the  exercising  of  such  permission,  require 
that  said  municipal  corporation  or  sanitary  district  shall  have  the  right 
to  connect  its  sewers  with  the  sewers  to  be  constructed  under  such  per- 
mission, and  to  use  the  same  in  connection  with  its  sewer  system,  upon 
the  payment  by  it  of  such  proportionate  part  of  the  cost  of  construction 
and  maintenance  of  such  sewers  to  tlie  numicipal  corporation  or  sanitary 


Act  2389,  §§  3, 4  general  laws.  1562 

district  by  which  the  same  shall  be  constructed,  as  may  be  determined 
by  resolutions  of  the  city  councils,  sanitary  boards,  or  other  legislative 
bodies,  or  both  municipal  corporations  or  sanitary  districts;  such  pay- 
ment to  be  made  at  such  times  and  in  such  amounts  as  may  be  so  deter- 
mined.    [Amendment  approved  March  7,  1911;  Stats.  1911,  p.  301.] 

Contract  to  lowest  bidder.     City  may  construct. 

§  3.  All  contracts  for  the  construction  or  completion  of  any  sewers, 
water-mains  or  other  conduits,  or  for  furnishing  labor  or  materials 
therefor,  to  be  constructed  by  any  municipal  corporation  or  sanitary 
district  in,  across  or  along  the  streets  of  any  other  municipal  corpora- 
tion or  corporations  or  sanitary  district  or  districts,  as  herein  provided, 
shall  be  let  to  the  lowest  responsible  bidder.  The  city  council,  sanitary 
board,  or  other  legislative  body  of  the  municipal  corporation  or  sanitary 
district  so  constructing  such  sewers,  water-mains  or  other  conduits,  under 
permission  granted  as  in  this  act  provided,  shall  advertise  for  at  least 
ten  days  in  one  or  more  newspapers  published  in  such  municipal  cor- 
poration or  sanitary  district  (or  in  one  or  more  newspapers  published  in 
the  county  in  which  said  municipal  corporation  or  sanitary  district  is 
situated,  if  there  be  no  newspaper  published  in  such  municipal  corpora- 
tion or  sanitary  district),  inviting  sealed  proposals  for  furnishing  the 
labor  and  materials  for  the  proposed  work  before  any  contract  shall  be 
made  therefor.  The  said  city  council  or  sanitary  board  or  other  legis- 
lative body,  shall  require  such  bonds  as  it  may  deem  best  from  the 
successful  bidder  to  insure  the  faithful  performance  of  the  contract 
work,  and  shall  also  have  the  right  to  reject  any  and  all  bids;  provided, 
however,  that  nothing  herein  contained  shall  be  construed  as  prohibiting 
such  municipal  corporation  or  sanitary  district  itself  from  constructing 
or  completing  such  works,  and  employing  the  labor  necessary  therefor, 
without  such  advertisement  for  proposals  or  letting  of  a  contract;  and 
provided,  further,  that  in  any  municipal  corporation  operating  under  a 
freeholders'  charter,  heretofore  or  hereafter  framed  under  section  8  of 
article  11  of  the  constitution,  and  providing  for  a  board  of  public  works, 
all  the  matters  and  things  required  in  this  section  to  be  done  and  per- 
formed by  the  City  council,  or  other  legislative  body  of  such  municipal 
corporation,  shall  be  done  and  performed  by  the  board  of  public  works 
thereof;  and  provided,  further,  that  in  ease  such  charter  or  general  law 
under  which  such  municipal  corporation  or  sanitary  district  is  operating 
or  existing,  prescribes  the  manner  of  letting  and  entering  into  contracts 
for  the  furnishing  of  labor,  materials  or  supplies,  for  the  construction  or 
completion  of  public  works  or  improvements,  the  contracts,  for  such  sew- 
ers, water-mains,  or  other  conduits  shall  be  let  and  entered  into  in 
conformity  with  such  charter  or  general  law.  [Amendment  approved 
March  7,  1911;  Stats.  1911,  p.  302.] 

Joint  agreement  of  cities. 

§  4.  Whenever  the  councils,  sanitary  boards  or  other  legislative  bodies 
of  two  or  more  municipal  corporations,  two  or  more  sanitary  districts,  or 


1563  MUNICIPAL   CORPORATIONS.  Act  2389a,  §  1 

one  or  more  municipal  corporations  and  one  or  more  sanitary  districts, 
shall  find,  and  by  resolutions  adopted  by  them  shall  declare,  that  it  will 
be  for  the  interest  or  advantage  of  such  municipal  corporations  or  sani- 
tary districts  so  to  do,  such  municipal  corporations  or  sanitary  districts, 
by  their  respective  city  councils,  sanitary  boards,  or  other  legislative 
bodies,  may  enter  into  a  joint  agreement  authorizing  the  construction  and 
maintenance  of  sewers,  water-mains,  or  other  conduits  situated  in  the 
streets  or  other  public  places  of  either  or  any  of  such  municipal  corpora- 
tions or  sanitary  districts,  or  in  part  outside  of  the  limits  thereof,  at  the 
joint  cost  and  expense  of,  and  for  the  joint  use  and  benefit  of  such 
municipal  corporations  or  sanitary  districts,  upon  such  terms  and  condi- 
tions, and  under  such  regulations,  as  may  be  approved  by  the  city  coun- 
cils, sanitary  boards  or  other  legislative  bodies  of  all  such  municipal 
corporations  or  sanitary  districts;  and  the  city  council,  sanitary  boards, 
or  other  legislative  body  of  each  such  municipal  corporation  or  sanitary 
district  may  bind  and  obligate  such  municipal  corporation  or  sanitary 
district  to  pay  such  proportionate  part  of  the  cost  of  the  construction 
and  maintenance  of  such  sewers,  water  mains,  or  other  conduits  at  such 
times  and  in  such  installments  as  may  be  so  approved.  All  contracts  for 
the  construction  of  sewers,  water-mains,  or  other  conduits,  under  the 
provisions  of  this  section  shall  be  made  and  entered  into  by  the  one  of 
such  municipal  corporations  or  sanitary  districts  designated  by  the  city 
councils,  sanitary  boards,  or  other  legislative  bodies  of  all  such  municipal 
corporations  or  sanitary  districts,  and  in  the  manner  provided  in  section 
3  of  this  act.  Two  or  more  municipal  corporations,  two  or  more  sanitary 
districts,  or  one  or  more  municipal  corporations  and  one  or  more  sanitary 
districts,  may  also,  by  their  city  councils,  sanitary  boards,  or  other  legis- 
lative bodies,  enter  into  an  agreement  or  agreements  with  each  other  for 
the  joint  use  by  such  municipal  corporations  or  sanitary  districts,  of  any 
sewers,  water-mains,  or  other  conduits  theretofore,  in  whole  or  in  part, 
constructed  in  the  streets  or  other  public  places  of  either  or  any  such 
municipal  corporations  or  sanitary  districts,  upon  such  terms  and  condi- 
tions as  they  may,  by  mutual  agreement  made  by  their  respective  city 
councils,  sanitary  boards  or  other  legislative  bodies,  determine  to  be 
proper.     [Amendment  a^jproved  March  7,  1911;  Stats.  1911,  p.  302.] 

ACT  2389a, 

An  act  authorizing  municipal  corporations,  other  than  freeholder  charter 
cities,  to  levy  and  collect  a  tax  for  park,  music  and  advertising  pur- 
poses. 

[Approved  April  10,  1911.     Stats.  1911,  p.  846.] 

City  trustees  may  levy  tax  for  parks,  music  and  advertising  purposes. 

§  1.  The  council,  board  of  trustees,  or  other  legislative  body  of  any 
city  or  municipal  corporation  within  this  state,  except  freeholder  charter 
cities,  may  levy  and  collect  a  tax,  not  exceeding  fifteen  cents  on  each 
one  hundred  dollars,  for  the  purpose  of  providing  and  maintaining  parks 


Act  2389b,  §  1  GENERAL  LAWS.  1564 

and  music,  and  for  advertising  purposes,  and  use  and  expend  the  money 
realized  from  such  tax  in  any  manner  that  may  be  deemed  best  by  such 
council,  board  of  trustees,  or  other  legislative  body.  Such  tax  shall  be 
in  addition  to  all  other  taxes  now  authorized  by  law  to  be  levied,  and 
may  be  levied  and  collected  for  each  fiscal  year.  The  manner  of  using 
such  tax  and  the  time  of  collecting  the  same  shall  be  provided  by  the 
ordinance  levying  such  tax;  pro'>  ided,  however,  that  such  ordinance  shall 
not  become  effective  until  the  same  shall  have  been  submitted  to  the 
electors  of  such  municipal  corporation  at  a  special  election  to  be  held 
for  that  purpose;  and  such  legislative  body  shall  give  notice  of  such 
election  by  publication  at  least  once  a  week  for  a  period  of  four  weeks 
prior  to  such  election  in  a  newspaper  printed  and  published  in  such 
municipal  corporation.  Such  notice  shall  contain  a  copy  of  said  ordi- 
nance and  the  electors  shall  be  invited  thereby  to  vote  for  or  against 
the  same.  If  upon  canvassing  the  votes  at  such  an  election,  it  is  found 
that  a  majority  of  the  votes  so  cast  are  in  favor  of  said  ordinance,  the 
same  shall  become  effective,  and  said  tax  shall  be  levied  and  collected 
and  used  in  the  manner  provided  therein. 

Election, 

§  2.  Except  as  otherwise  provided  herein,  the  election  herein  men- 
tioned shall  be  held  as  provided  by  law  for  holding  municipal  elections 
in  such  municipality,  and  the  mode  and  manner  of  levying  and  collect- 
ing the  tax  herein  provided  shall  be  the  same  as  apply  to  and  govern 
in  the  assessment  and  collection  of  other  municipal  taxes, 

ACT  2389b. 

An  act  granting  to  municipal  corporations  of  the  state  of  California  the 
right  to  construct,  operate  and  maintain  water  and  gas  pipes,  mains 
or  conduits,  electric  light  and  electric  power  lines,  and  telephone 
and  telegraph  lines,  along  or  upon  any  road,  street,  alley,  avenue  or 
highwaj',  or  across  any  railway,  canal,  ditch  or  flume. 

[Approved  April  10,  1911.     Stats.  1911,  p.  852.] 

Cities  may  construct,  etc.,  water  and  gas  pipes,  and  electric,  telegraph, 
etc.,  lines  on  a  road. 
§  1.  That  there  is  granted  to  every  municipal  corporation  of  the  state 
of  California  the  right  to  c  instruct,  operate  and  maintain  water  and 
gas  pipes,  mains  or  conduits,  electric  light  and  electric  power  lines,  and 
telephone  and  telegraph  lines,  along  or  upon  any  road,  street,  alloy, 
avenue  or  highway,  or  across  any  railway,  canal,  ditch  or  flume  which 
the  route  of  such  works  intersects,  crosses  or  runs  along,  in  such  manner 
as  to  afford  security  for  life  and  property;  but  the  municipality  shall 
restore  the  road,  street,  alley,  avenue,  highway,  canal,  ditch  or  flume 
thus  intersected  to  its  former  state  of  usefulness,  as  near  as  may  be; 
provided,  however,  that  such  municipality  may  not  use  any  street,  alley, 
avenue  or  highway  within   any  city  and   county  or  incorporated  city  or 


1565  MUNICIPAL  CORPORATIONS.     Acts  2389c,  2389d 

town,  for  such  purposes,  unless  the  right  so  to  use  the  same  is  granted 
by  a  two-thirds  vote  of  the  governing  body  of  such  city  and  county,  or 
incorporated  city  or  town. 

§  2.     This  act  shall  take  effect  immediately. 

ACT  2389c. 

An  act  authorizing  any  city  and  county  or  municipality  within  this  state, 
power  to  grant  franchises,  to  lay  steam-heating  pipes  in  the  streets, 
roads,  avenues,  alleys  and  public  highways,  for  the  purpose  of  carry- 
ing steam  to  be  used  for  heating  purposes. 

[Approved  April  12,  1911.     Stats.  1911,  p.  895.] 

Franchises  to  lay  steam-heating  pipes. 

§  1.  Power  is  hereby  given  to  all  cities  and  counties  and  municipali- 
ties within  this  state  to  grant  franchises  for  the  purposes  of  laying  pipes 
in  the  streets,  roads,  avenues,  alleys  and  public  highways  therein,  for 
the  purpose  of  carrying  steam  heat  under  high  pressure;  to  be  used,  dis- 
tributed and  sold  to  the  inhabitants  thereof,  for  heating  purposes. 

The  granting  of  such  franchises  shrill  be  subject  to  the  provisions  of 
the  act  entitled  "An  act  providing  for  the  sale  of  street  railroad  and 
other  franchises  in  counties  and  municipalities,  and  providing  conditions 
for  the  granting  of  such  franchises  by  legislative  or  other  governing 
bodies,  and  repealing  conflicting  acts/'  and  any  act  or  acts  amendatory 
thereof. 

ACT  2389d. 

An  act  relating  to  the  acquisition,  construction  and  operation  of  public 

utilities  by  municipal  corporations. 

[Approved  May  1,  1911.     Stats.  1911,  p.  1391.] 

Municipalities  may  acquire  public  utilities. 

§  1.  Any  municipal  corporation  of  the  state  of  California  may  acquire, 
construct,  own,  operate,  or  lease  any  public  utility.  A  public  utility, 
as  the  term  is  used  herein,  is  defined  to  mean  the  supply  of  a  municipal 
corporation  alone,  or  together  with  the  inhabitants  thereof,  or  any  por- 
tion thereof,  with  water,  light,  heat,  power,  transportation  of  persons  or 
property,  means  of  communication,  or  promoting  the  convenience  of  the 
public.  The  power  to  acquire  and  operate  any  public  utility  shall  include 
the  power  to  complete,  reconstruct,  extend,  change,  enlarge  and  repair 
any  such  public  utility,  acquired,  constructed,  owned  or  operated  by  a 
municipality. 

May  acquire,  etc.,  land  easements. 

§  2.  For  such  jiurpose  any  such  municipal  corporation  may  acquire, 
own,  control,  sell  or  exchange  lands,  easements,  licenses  and  rights  oP 
every  nature   within   or   without   its   municipal   limits,   and   may    operate 


Act  2389e,  §  1  gene-ral  laws.  1566 

any  sucli  public  utility  within  or  without  the  municipal  limits  when 
necessary  to  supply  such  municipality,  or  the  inhabitants,  or  any  portion 
thereof,  with  the  service  desired. 

May  sell  excessive  water,  etc. 

§  3.  Whenever,  in  the  operation  of  any  such  utility,  any  such  munici- 
pality shall  develop  an  excess  of  water,  light,  heat  or  power,  over  and 
above  the  amount  thereof  which  is  necessary  for  the  use  of  such  munici- 
pality and  its  inhabitants,  or  of  such  portion  thereof  as  the  legislative 
body  of  such  municipality  may  determine  shall  be  supplied  therewith, 
then  such  nninieipality  may  sell,  lease  or  distribute  such  excess  of  water, 
light,  heat  or  power,  outside  of  the  corporate  limits  of  such  municipality. 

Term  of  lease. 

§  4.  No  lease  of  any  public  utility  shall  be  valid  for  a  period  of  more 
than  fifteen  years  and  all  such  leases  shall  be  let  to  the  highest  bidder 
at  public  auction. 

§  5.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

ACT  2389e. 

An  act  to  authorize  certain  cities  and  cities  and  counties  to  levy  and  col- 
lect taxes  for  the  purpose  of  providing  a  fund  for  the  improvement, 
repair  and  maintenance  of  their  harbors,  and  for  the  construction  of 
wharves  and  piers,  seawall,  state  or  municipal  railroad  and  spurs 
therealong,  betterments,  appurtenances,  dredging  and  filling  neces- 
sary in  connection  therewith,  and  to  authorize  such  cities  and  cities 
and  counties  to  issue  and  sell  their  bonds  to  create  a  fund  for  such 
repair,  maintenance,  improvement  or  construction,  or  any  part 
thereof,  or  for  the  redemption,  retirement  and  cancellation  of  any 
state  bonds  now  or  hereafter  issued  and  sold  to  create  a  fund  for 
any  such  purposes. 

[Approved  May  1,  1911.     Stats.  1911,  p.  1462.] 

Cities  may  levy  taxes  or  sell  bonds  to  improve  harbors. 

§  1.  Any  city  or  city  and  county  whose  corporate  limits  include  or 
front  upon  any  harbor,  bay  or  estuary,  or  other  navigable  water,  whether 
the  tide  lands  or  waterfront  thereof  is  owned  or  controlled  by  it  or  by 
the  state,  either  in  whole  or  in  part,  is  hereby  authorized  to  incur  an 
indebtedness  for  the  improvement,  repair  and  maintenance  of  its  harbor, 
and  for  the  erection  of  wharves,  piers,  seawall,  state  or  municipal  rail- 
road and  spurs  therealong,  betterments,  appurtenances  and  dredging  and 
filling  necessary  in  connection  therewith,  and  for  each,  any  or  all  of  said 
purposes,  and  such  city  or  city  and  county  for  the  purpose  of  providing 
a  fund  or  funds  for  "the  payment  of  such  indebtedness,  is  hereby  au- 
thorized to  levy  and  collect  taxes  therefor  or  to  issue  and  sell  its  bonds 


I 


i 


1567  MUNICIP.VL   CORPORATIONS.  Act  2389f 

therefor,  or  to  levy  and  collect  taxes  anrl  to  issue  and  sell  its  bonds 
therefor,  whether  the  fund  so  provided  is  now  or  hereafter  by  law  or  by 
the  charter  of  such  city  or  city  and  county,  under  the  management  and 
control  of  a  state  board  of  harbor  commissioners  or  under  the  manage- 
ment and  control  of  such  city  or  citj'  and  county,  or  any  officer,  board 
or  department  thereof,  and  such  city  or  city  and  county  is  also  author- 
ized to  issue  and  sell  its  bonds  for  the  purpose  of  providing  a  fund  for 
the  redemption,  cancellation  and  retirement  of  any  state  bonds  now  or 
hereafter  issued  and  sold  for  the  purpose  of  providing  a  fund  for  any 
improvement  or  construction  in  its  harbor  as  aforesaid. 

Law  applicable. 

§  2.  All  provisions  of  law  or  of  the  charter  of  such  city  or  city  and 
county  relative  to  the  issuance  and  sale  of  the  other  municipal  bonds 
of  such  city  or  city  and  county,  and  to  the  mode  and  manner  of  calling, 
holding  and  canvassing  an  election  authorizing  the  same,  shall  with  equal 
force  apply  to  the  issue  and  sale  of  the  bonds  hereby  authorized  and  to 
the  mode  and  manner  of  calling,  holding  and  canvassing  any  election  with 
reference  thereto. 

City  ma.y  turn  over  funds  to  harbor  commissioners. 

§  3.  Where  by  law  or  by  the  charter  of  such  city  or  city  and  county 
the  management  and  control  and  improvement  of  its  harbor  or  tide  lands 
is  vested  in  whole  or  in  part  in  a  state  board  of  harbor  commissioners, 
such  city  or  city  and  county  is  authorized  to  turn  over  to  such  state 
board  of  harbor  commissioners  any  fund  or  funds  which  it  may  provide 
as  aforesaid,  to  be  by  said  state  board  of  harbor  commissioners  used, 
managed  and  controlled  for  such  work  of  improvement,  repair,  mainte- 
nance and  construction  aforesaid  as  said  city  or  city  and  county  may 
lawfully  designate. 

Fund  for  redemption  of  bonds. 

§  4.  Whenever  any  city  or  city  and  county  provides  any  fund  under 
authority  of  this  act  for  the  redemption,  cancellation  or  retirement  of 
any  state  bonds  hereinabove  mentioned,  such  city  or  city  and  county 
through  its  appropriate  officer  or  officers  may  transfer  the  money  in  such 
fund  to  the  state  treasurer  who  must  upon  its  receipt  place  the  same  in 
the  appropriate  sinking  fund  and  apply  the  same  to  the  redemption,  can- 
cellation and  retirement  of  said  state  bonds. 

§  5.     This  act  shall  take  effect  immediately. 

ACT  2389f. 

An  act  to  authorize  and  empower  municipal  corporations  which  own  or 
possess,  or  which  may  hereafter  own  or  possess,  tidal  lands,  or  the 
title  thereto,  of  any'  harbor  or  other  navi-jnble  waters  therein  to 
establish  harbor  lines  for  such  waters;  to  validate  harbor  lines  here- 


Act2389f,  §§  1,  2  GENERAL  LAWS.  1568 

tofore  established  by  siieh  municipal  corporations;  to  provide  for  the 
free  and  unobstructed  navigation  of  such  waters,  and  to  authorize 
and  empower  such  municipal  corporations  to  provide  access  to  such 
waters  by  public  streets,  highways  and  other  public  rights  of  way 
to  such  navigable  waters  and  to  prevent  the  exclusion  or  obstruc^ 
tion  thereof;  and  to  authorize  and  validate  the  filling  in  and  im- 
proving of  tidal  lands  between  the  mainland  and  harbor  lines  fixed 
by  municipal  or  other  authority. 

[Approved  June  6,  1913.     Stats.  1913,  p.  497.] 

Cities  may  establish  harbor  lines. 

§  1.  Any  municipal  corporation  that,  by  grant  from  the  state  of  Cali- 
fornia, or  otherwise,  owns,  holds  or  possesses,  or  may  hereafter  own, 
hold  or  possess  tide  lands  and  submerged  lands,  or  the  title  to  such  lands, 
situated  within  the  boundaries  of  such  municipal  corporation  and  fronting 
on  the  waters  of  any  harbor,  bay,  inlet,  estuary  or  other  navigable  water 
within  the  boundaries  of  such  municipal  corporation,  is  hereby  granted 
power  and  authority,  to  be  exercised  by  ordinance,  to  fix  and  establish 
harbor  lines,  both  pierhead  and  bulkhead  lines,  in  and  for  such  harbor, 
bay,  inlet,  estuary  or  other  navigable  water,  and  to  change  or  abolish 
such  harbor  lines  as  the  public  interest  or  the  needs  of  commerce  and 
navigation  may  require.  That  the  aforesaid  power  and  authority  is 
hereby  granted  and  shall  be  exercised  by  any  municipal  corporation  to 
the  same  extent  to  which  the  state  of  California  might  itself  exercise  the 
same,  or  to  which  it  can  grant  such  power  to  any  such  municipal  cor- 
poration; provided,  that  no  such  harbor  lines  shall  be  fixed  or  established 
beyond  or  outside  of  any  harbor  lines  established  by  the  United  States. 

Ordinances  confirmed. 

§  2.  All  ordinances  of  any  municipal  corporation  of  this  state,  holding 
and  possessing  tide  lauds  and  submerged  lands  or  the  title  thereto,  front- 
ing on  the  waters  of  any  harbor,  bay,  inlet,  estuary  or  other  navigable 
water  situated  within  the  boundaries  of  such  municipal  corporation, 
which  ordinances  may  have  been  adopted  prior  to  the  passage  of  this 
act,  in  the  manner  prescribed  by  law  for  the  adoption  of  ordinances  by 
such  municipal  corporation,  and  which  ordinances  fix  or  establish  harbor 
lines  upon  or  adjacent  to  such  tide  lands  and  submerged  lands,  are  hereby 
confirmed,  legalized  and  validated,  in  so  far  as  the  same  purport  to  fix 
or  establish  harbor  lines,  and,  except  in  so  far  as  the  harbor  lines  so 
established  may  be  located  or  extend  beyond  or  outside  of  harbor  lines 
established  under  the  authority  of  the  United  States;  and  all  such  harbor 
lines  so  established,  by  any  such  municipal  corporation,  except  as  afore- 
said, are  hereby  recognized  as  and  declared  to  be  harbor  lines  of  the 
harbor,  bay,  inlet,  estuary  or  other  navigable  water  for  which  they  were 
so  established;  provided,  however,  that  such  harbor  lines  may  be  here- 
after altered,  modified  or  abolished  by  such  municipal  corporation  as  the 
public  interest  and  the  needs  of  commerce  and  navigation  may  require. 


1569  MUNICIPAL  CORPORATIONS.  Act  2389f ,  §  3 

Waters  to  remain  open  to  public.  Streets  to  waters.  May  fill  in  tide 
lands.  Power  over  water  frontage. 
§  3.  That  all  navigable  waters  of  any  harbor,  bay,  inlet,  estuary 
or  other  navigable  water  situated  within  or  adjacent  to  any  municipal 
corporation,  shall  be  and  remain  open  to  the  free  and  unobstructed  navi- 
gation of  the  public,  and  such  waters  and  the  waterfront  thereof  shall 
also  be  and  remain  open  to  free  and  unobstructed  access  thereto  by 
the  people  from  the  public  streets  and  highways  within  such  municipal 
corporation,  and  public  streets  and  highways  and  other  public  rights 
of' way  shall  likewise  be  and  remain  open  to  the  free  and  unobstructed 
use  of  the  public  from  such  waters  and  the  waterfront  thereof  to  such 
public  streets  and  highways;  and  in  order  to  secure  to  any  such  mu- 
nicipal corporation,  and  tO  the  people  generally,  the  benefits  of  this  act 
and  the  benefits  of  the  provisions  of  article  15  of  the  constitution 
oi  the  state  of  California,  every  municipal  corporation  in  which  there 
is  situated  any  harbor,  bay,  inlet,  estuary  or  other  navigable  water, 
shall  have,  and  is  hereby  granted  power  and  authority  to  establish  by 
ordinance,  such  public  streets,  highways  and  other  public  rights  of  way 
to  such  waters  as  are  or  may  be  required  for  any  public  purpose  over, 
upon  or  along  the  tide  lands  or  submerged  lands  in  such  municipal 
corporation;  fronting  on  the  waters  of  such  harbor,  bay,  inlet,  estuary 
or  other  navigable  water,  for  the  purpose  of  connecting  such  navigable 
waters  with  public  streets  and  other  highways  of  such  municipal  cor- 
poration, or  for  any  other  public  purpose,  and  to  lay  out,  open,  widen, 
narrow,  close  up,  construct,  maintain,  and  improve  such  streets,  high- 
ways and  other  public  rights  of  way ;  and  to  fill  in  or  authorize  to  be 
filled  in  all  or  any  part  of  the  tide  lands  and  submerged  lands  lying 
between  said  streets  and  lying  between  the  mainland  and  harbor  lines 
established  by  said  municipal  or  other  authority;  provided,  that  when 
an/  such  lands  are  so  filled  in,  sufficient  streets  shall  be  opened  and 
maintained  open  through  and  adjacent  to  such  lands  so  filled  in  to 
enable  the  public  to  have  convenient  and  adequate  access  to  and  along 
tiie  waterfront  of  such  lands  and  to  such  navigable  waters.  That  the 
power  and  authority  hereby  granted  shall  apply  to,  and  be  exercisable 
by  any  such  municipal  corporation,  over,  along  or  upon  the  water 
frontage  or  tide  lands  or  submerged  lands  of  any  such  harbor,  bay, 
inlet,  estuary  or  other  navigable  water  that  is  owned  or  possessed, 
or  that  may  hereafter  be  owned  or  possessed,  or  the  title  to  which 
is  now  or  may  hereafter  be  held  by  any  such  municipal  corporation, 
and  to  any  such  water  frontage  or 'tide  land  or  submerged  land  that 
is,  or  may  be,  claimed  or  possessed  by  any  individual,  partnership  or 
corporation;  and  the  ordinances  of  any  such  municipal  corporation 
that  may  have  heretofore  been  adopted,  in  the  manner  prescribed  by 
law  for  the  adoption  orf  ordinances  by  said  municipal  corporation,  for 
the  laying  out,  establishing,  opening,  constructing,  maintaining  or  other- 
wise   improving    of    public    streets,    highways    and    other    public    rights    of 

99 


Act  2389g,  §  1  GENERAL   LAWS.  1570 

way  of  the   character  mentioned  in  this   section,   are   hereby  confirmecl, 
legalized  and   validated. 

Individuals  may   not  obstruct  right   of  way  to  waters. 

§  4.  Whenever  any  municipal  corporation,  shall,  by  ordinance  regu- 
larly adopted,  declare,  or  shall  have  heretofore  declared,  that  any  right 
of  way  to  the  navigable  water  of  anj^  harbor,  bay,  inlet,  estuary  or 
other  navigable  water  in  such  municipality  is  required  for  any  public 
purpose,  over,  upon  or  along  the  frontage  of  tide  or  submerged  lands 
thereof,  no  individual,  partnership  or  private  corporation  claiming  or 
possessing  such  frontage  or  tide  or  submerged  lands  shall  obstruct, 
hinder  or  impede  such  municipal  corporation,  or  the  officers  thereof  in 
any  manner,  in  laying  out,  establishing,  opening,  constructing  or  other- 
wise improving,  or  maintaining  such  right  of  way,  or  exclude  such  right 
of  way,  or  obstruct  or  prevent  the  free  use  thereof  by  such  municipal 
corporation   or  the   public   generally. 

ACT  2389g. 

An  act  to  provide  for  the  acquisition,  installation,  construction,  re- 
construction, extension,  repair  and  maintenance  by  municipalities 
of  watei"works,  electric  power  works,  gas  works,  lighting  works, 
and  other  public  works  and  utilities;  for  the  assessment  of  the  cost 
and  expenses  thereof  upon  the  property  benefited;  and  for  the 
issuance  of  improvement  bonds  to  represent  such  assessments,  and 
to  repeal  an  act  entitled  "An  act  to  provide  for  the  lighting  of 
public  streets,  lanes,  alleys,  courts  and  places  in  municipalities, 
and  for  the  assessment  of  the  costs  and  expenses  thereof  upon  the 
property  benefited  thereby,"  approved  March  21,  1905. 
[Approved    .June    6,    1913.     Stats.    1913,   p.    421.] 

Cities  may  maintain  public  utilities. 

§  1.  Whenever  the  public  interest  or  convenience  may  require,  the 
city  council  of  any  municipality  in  the  state  shall  have  full  power 
and  authority  to  order  water-mains,  pipes,  conduits,  tunnels,  hydrants 
and  other  necessary  works  and  appliances,  for  the  purpose  of  providing 
water  service;  lines,  conduits,  and  other  necessary  works  and  appli- 
ances, for  the  purpose  of  providing  electric  power  service;  mains,  pipes 
and  other  necessary  works  and  appliances,  for  the  purpose  of  providing 
gas  service;  poles,  posts,  wires,  pipes,  conduits,  lamps  and  other  neces- 
sary works  and  appliances,  for  lighting  purposes;  or  any  of  said  im- 
provements, or  any  works,  utility  or  appliances  necessary  or  convenient 
for  providing  any  other  public  service,  to  be  installed,  constructed,  re- 
constructed, extended,  repaired  or  maintained  in  and  along  the  whole 
or  any  part  of  any  one  or  more  of  the  public  'streets,  alleys  or  other 
places  in  such  municipality,  or  in  and  along  any  right  of  way  owned 
or  held  by  said  municipality  for  the  purpose;  also  to  order  any  works 
or   appliances   already   installed   in   or   along   the   whole   or   any   part   of 


1571  MUNICIPAL  CORPORATIONS.  Act  2389g,  §  2 

any  one  or  more  of  the  public  streets,  alleys,  or  other  places  in  such 
municipality,  and  which  are  necessary  or  convenient  for  the  purpose  of 
supplying  such  municipality  or  its  inhabitants  with  water,  electricity, 
gas,  or  other  means  of  heat,  illumination  or  power  or  with  any  other 
public  service,  together  with  any  plants,  lands  and  rights  of  way, 
whether  located  within  or  without  the  city,  necessary  or  convenient 
for  the  use  and  operation  thereof,  to  be  acquired,  or  to  order  the  use 
of  any  such  works,  appliances  and  other  property  to  be  acquired;  also 
to  order  electric  current,  gas,  or  other  illuminating  agent,  to  be  fur- 
nished for  such  power  or  lighting  service,  in  the  manner  and  under 
th3    proceedings    hereinafter    described. 

Kesolution  of  intention.  Kinds  of  work.  Reference  to  officer  for  re- 
port. 
§  2.  Before  ordering  any  improvement  to  be  made  which  is  author- 
ized by  section  1  of  this  act,  the  city  council  shall  adopt  a  resolution 
declaring  its  intention  to  do  so,  briefly  describing  the  proposed  improve- 
ment, and  specifying  the  exterior  boundaries  of  the  district  to  be  bene- 
fited by  said  improvement  and  to  be  assessed  to  pay  the  cost  and  ex- 
penses thereof,  and  to  be  known  as  the  assessment  district;  provided, 
however,  that  the  city  council  may,  in  its  discretion,  order,  in  said 
resolution  of  intention,  that  a  certain  portion  or  percentage  of  the 
cost  and  expenses  of  said  improvement,  the  amount  of  which  portion 
or  percentage  shall  be  specified  in  said  resolution,  shall  be  paid  out  of 
thj  treasury  of  the  municipality,  from  such  fund  as  the  city  council 
may  designate.  Said  proposed  improvement  may  include  any  or  all  of 
the  different  kinds  of  work  mentioned  in  section  1  of  this  act;  pro- 
vided, however,  that  the  maintenance  of  appliances  or  the  furnishing 
of  electric  current,  gas,  or  other  illuminating  agent,  shall  be  for  a 
period  stated  in  the  resolution  of  intention,  but  not  exceeding  two  years. 
The  city  council  shall  also,  in  the  same  resolution,  refer  the  proposed 
improvement  to  the  board,  commission  or  officer  of  the  city  having 
charge  and  control  of  the  construction  of  public  improvements  of  the 
kind  described  in  such  resolution,  or  to  the  city  engineer,  or  to  such 
other  board  or  officer  of  the  city,  or  competent  person  employed  by  the 
city  for  the  purpose,  as  the  council  may  name  in  said  resolution,  and 
direct  such  board,  commission,  officer  or  person  to  make  and  file  with 
the  clerk  of  the  council  a  report  in  writing,  presenting  the  following: 

Plans  and  specification. 

1.  Plans  and  specifications  of  the  proposed  improvement,  excepting 
in  so  far  as  said  improvement  includes  the  acquisition  of  works  or 
appliances  already  installed  and  any  other  property  necessary  or  con- 
venient for  the  operation  thereof,  or  the  acquisition  of  the  use  of  any 
such  works,  appliances  and  property,  as  provided  for  in  section  1  of 
this  act,  as  to  which  works,  appliances  and  property  such  report  shall 
contain    a    general    description    thereof. 


Act2389g,  §§3,4  generat   laws.  1572 

Estimate  of  cost. 

2.  An  estimate  of  the  cost  of  said  improvement  and  of  the  incidental 
expenses  in  connection  therewith. 

Diagram  of  district. 

3.  A  diagram  showing  the  assessment  district  above  referred  to,  and 
also  the  boundaries  and  dimensions  of  the  respective  subdivisions  of 
land  within  said  district  as  the  same  existed  at  the  time  of  the  passage 
of  the  resolution  of  intention,  each  of  which  subdivisions  shall  be  given 
a  separate  number  in  red  ink  upon  said  diagram. 

Assessment   according'  to   benefits.    Amount   paid   out   of   treasury   de- 
ducted, 

4.  A  proposed  assessment  of  the  total  amount  of  the  cost  and  ex- 
penses of  the  proposed  improvement  upon  the  several  subdivisions  of 
land  in  said  district  in  proportion  to  the  estimated  benefits  to  be  re- 
ceived by  such  subdivisions,  respectively,  from  said  improvements; 
provided,  that  whenever  any  portion  or  percentage  of  the  cost  and  ex- 
penses of  such  improvement  is  ordered  to  be  paid  out  of  the  treasury 
of  the  municipality,  as  hereinbefore  provided,  the  amount  of  such  por- 
tion or  percentage  shall  first  be  deducted  from  the  total  estimated  cost 
and  expenses  of  such  improvement,  and  the  assessment  upon  property, 
proposed  in  said  report  shall  include  only  the  remainder  of  said  esti- 
mated cost  and  expenses.  Said  assessment  shall  refer  to  such  subdivi- 
sions upon  said  diagram  by  the  respective  red  ink  numbers  thereof, 
and  shall  show  the  names  of  the  owners,  if  known,  otherwise  designat- 
ing them  as  unknown.  Xo  mistake  in  the  name  of  the  owner  of  any 
parcel  of  land  shall  affect  the  validity  of  the  assessment  thereon. 

Consideration  of  report.     Hearing  of  protests. 

§  3.  Upon  the  filing  of  the  report  provided  for  in  section  2  of  this 
act,  the  said  clerk  shall  present  the  same  to  the  city  council  for  con- 
sideration, and  said  council  may  modify  the  same  in  any  respect,  and, 
in  case  of  any  such  modification,  the  report,  as  modified,  shall  stand 
as  the  report  for  the  purpose  of  all  subsequent  proceedings.  Thereafter, 
the  council,  by  resolution,  shall  appoint  a  time  and  place  for  hearing 
protests  in  relation  to  the  proposed  improvement,  which  time  shall 
not  be  less  than  twenty  days  from  the  date  of  the  passage  of  said 
resolution,  and  shall  direct  the  clerk  of  the  city  council  to  give  notice 
of  said  hearing,  and  shall  designate  a  daily  or  weekly  newspaper  pub- 
lished and  circulated  in  said  city  in  which  such  notice  shall  be  pub- 
lished. 

Notices  of  local  improvement  posted.     Publication. 

§  4.  After  the  passage  of  the  resolution  of  intention,  the  clerk  of 
said  city  council  shall  cause  to  be  conspicuously  posted  along  all  streets 
and  parts,  of  streets  or  other  public  places   and  rights  of  way   held  or 


1573  MUNICIPAL   CORPORATIONS.  Act  2389g,  §  5 

owned  by  the  municipality,  as  aforesaid,  where  any  work  is  to  be  done 
or  improvement  made  or  acquired,  at  not  more  than  three  hundred  feet 
apart,  but  not  less  than  three  in  all,  notices  of  the  passage  of  said  reso- 
lution. Said  notice  shall  be  headed  "Notice  of  Local  Improvement," 
in  letters  of  not  less  than  one  inch  in  length,  and  shall,  in  legible 
characters,  state  the  fact  and  date  of  the  passage  of  the  resolution  of 
intention  and  of  the  filing  of  said  report  and  the  date  set  for  the  hear- 
ing of  said  protests,  and  briefly  describe  the  improvement  proposed  to 
be  made  or  acquired,  and  refer  to  said  resolution  and  report  for  further 
particulars.  He  shall  also  cause  a  notice  similar  in  substance  to  be 
published  by  two  successive  insertions  in  a  daily  or  weekly  newspaper, 
published  and  circulated  in  said  municipality,  and  designated  by  said 
council  for  that  purpose.  Said  notices  must  be  posted  and  published,  as 
above  provided,  at  least  ten  days  before  the  date  set  for  the  hearing 
of   said   protests. 

Written  protest.     Majority  may  bar  resolution.     Decision  final.     Order 
of  improvement. 

§  5.  Any  person  interested,  objecting  to  said  improvement,  or  to 
the  extent  of  the  assessment  district,  or  to  the  proposed  assessment 
provided  for  in  section  2  of  this  act,  may  file  a  written  protest  with 
the  clerk  of  the  city  council  at  or  before  the  time  set  for  the  hearing 
referred  to  in  section  3  hereof.  The  clerk  shall  indorse  on  every  such 
protest  the  date  of  its  reception  by  him,  and,  at  the  time  appointed 
for  the  hearing  above  provided  for,  shall  present  to  said  council  all 
protests  so  filed  with  him.  If  such  protests  be  against  said  improve- 
ment and  said  city  council  find  that  the  same  are  signed  by  the  owners 
of  a  majority  or  more  of  the  frontage  of  the  property  fronting  on 
streets  or  parts  of  streets  within  said  assessment  district,  all  further 
proceedings  under  said  resolution  of  intention  shall  be  barred,  and  no 
new  resolution  of  intention  for  the  same  improvement  shall  be  passed 
within  six  months  after  the  presentation  of  such  protests  to  the  city 
council,  unless  the  owners  of  a  majority  or  more  of  the  frontage  of 
the  property  fronting  on  streets  or  parts  of  streets  within  said  assess- 
ment district  shall  be  in  the  meantime  petitioned  therefor.  If  such  pro- 
tests are  against  the  improvement,  and  the  council  find  that  they  are 
not  signed  by  the  owners  of  a  majority  or  more  of  the  frontage  of  the 
property  fronting  on  streets  or  parts  of  streets  within  the  assessment 
district,  or  if  such  protests  are  against  the  extent  of  the  assessment 
dictrict,  the  council  shall  hear  said  protests  at  the  time  appointed 
therefor,  as  above  .  provided,  or  at  any  time  to  which  the  hearing 
thereof  may  be  adjourned,  and  pass  upon  the  same  and  its  decision  shall 
be  final  and  conclusive,  and  if  such  protests  are  sustained  the  proceed- 
ings shall  be  abandoned,  but  may  be  renewed  at  any  time,  and  if  such 
protests  are  denied  the  proposed  assessment  shall  be  confirmed.  If  such 
protests  are  against  the  projiosod  assessment,  the  council  sliall  hear  said 
protests  at   the   time   appointed  therefor,  as  above  provided,   or   at  at.y 


Aet2389g,  §§  6-9  general  laws.  157 J: 

time  to  which  the  hearing  thereof  may  be  adjourned,  and  may  confirm, 
modify  or  correct  said  proposed  assessment. 

When,  upon  the  hearing,  said  proposed  assessment  is  confirmed,  modi- 
fied or  corrected,  or  in  case  no  protests  are  filed,  the  report  provided 
for  in  section  2  hereof  shall  be  adopted  as  a  whole,  with  any  modifi- 
cations or  corrections  that  have  been  made  therein,  and  the  city  council 
shall,  by  resolution,  order  said  proposed  improvement  to  be  made  or 
acquired,  and  declare  its  action  upon  said  report  and  assessment,  which 
resolution  shall  be  final  and  conclusive  on  all  persons,  and  the  assess- 
ment shall  be  thereby  levied  upon  the  respective  subdivisions  of  land 
in   the   assessment   district. 

Contest  of  validity. 

§  6.  The  validity  of  an  assessment  levied  under  this  act  shall  not  be 
contested  in  any  action  or  proceeding  unless  the  same  is  commenced 
within  thirty  days  after  the  time  said  assessment  is  levied,  and  any 
appeal  from  a  final  judgment  in  such  an  action  or  proceeding  must  be 
perfected  within  thirty  days  after  the   entry  of  such  judgment. 

Diagram  to  city  collector. 

§  7.  Upon  the  passage  of  the  resolution  provided  for  in  section 
5  hereof,  the  clerk  of  said  city  council  shall  transmit  to  the  city  tax 
collector  the  diagram  and  assessment  provided  for  in  subdivisions  3 
and  4  of  section  2  hereof,  and  any  modifications  or  corrections  thereof 
made   by  said   city   council. 

Diagram  recorded.     Assessments  delinquent. 

§  8.  Upon  receipt  of  the  diagram  and  assessment  referred  to  in  the 
last  preceding  section,  the  tax  collector  shall  record  the  same  in  a  sub- 
stantial book,  to  be  kept  for  that  purpose,  in  his  office,  and  shall  there- 
upon fix  a  day  not  less  than  twenty,  nor  more  than  thirty,  days  from 
the  date  of  the  receipt  by  him  of  said  diagram  and  assessment  after 
which  all  assessments  unpaid  shall  become  delinquent,  and  ten  per  cent 
shall  be  added  to  the  amount  thereof,  and  shall  also  fix  a  day  for  the 
sale  of  the  various  parcels  of  land  upon  which  the  assessments  are 
unpaid,  which  said  date  shall  be  not  less  than  fifty  days,  nor  more  than 
sixty  days,  from  the  date  of  the  receipt  by  him  of  said  diagram  and 
assessment. 

Notice  of  sale  for  delinquency.  Payment  prior  to  sale.  Sale  of  land. 
§  9.  The  tax  collector  shall,  within  ten  days  after  the  date  of  such 
delinquency,  begin  the  publication  of  a  notice  of  sale  of  the  property 
upon  which  the  assessments  have  not  been  paid,  which  publication  must 
be  made  by  two  insertions  in  a  daily  or  weekly  newspaper,  published 
and  circulated  in  the  city.  The  description  of  the  various  parcels  of 
land  need  not  be  set  out  at  length,  but  they  may  only  be  designated 
in  such  notice  by  the  respective  numbers  of  the  same  as  they  appear 
upon  the   assessment  and   diagram,  which  shall   be   properly   referred   to 


1575  '        MUNICIPAL  CORPORATIONS.     Act  2389g,  §§  10-12 

therein.  Opposite  the  description  or  designation  of  each  parcel  of 
land  shall  be  set  out  in  such  notice,  the  name  of  the  owner  as  stated  in 
the  assessment,  the  amount  assessed  against  the  same,  the  penalty  for 
delinquency,   and   its  portion    of   the   costs    of  the   sale. 

At  any  time  after  such  delinquency,  and  prior  to  the  sale  of  any 
parcels  of  lands  assessed  and  delinquent,  any  person  may  pay  the  assess- 
ment thereon,  together  with  the  penalties  and  costs  due  thereon,  includ- 
ing the  cost  of  advertising,  if  such  payment  is  made  after  the  first 
publication  of  the  notice  of  sale. 

At  the  time  and  place  fixed  therefor,  the  tax  collector  shall  proceed 
with  such  sale,  commencing  at  the  head  of  the  list  of  lands  contained 
in  such  notice,  and  continuing  in  the  numerical  order  thereof  until  all 
the  property  is  sold;  provided,  that  he  may  postpone  or  continue  the 
sale  from  day  to  day  until  the  sale  is  completed.  The  tax  collector 
shall  separately  sell  each  parcel  of  land  in  such  notice,  or  so  much 
thereof  as  shall  be  necessary  to  realize  the  amount  assessed  against  the 
same,  together  with  the  penalties  and  costs  as  aforesaid,  and  fifty 
cents  for  a  certificate  of  sale.  In  case  there  is  no  other  purchaser, 
the  same  shall  be  struck  off  to  the  city  as  purchaser. 

Certificate  of  sale. 

§  10.  The  tax  collector  shall  issue  for  each  sale  an  original  and 
duplicate  certificate  of  sale,  referring  to  the  proceedings,  describing 
the  parcel  sold,  and  giving  the  name  of  the  purchaser  and  the  amount 
for  which  said  parcel  was  sold.  The  original  certificate  he  shall  deliver 
to  the  purchaser,  and  the  duplicate  he  shall  keep  on  file  in  his  office, 
in  the   form  of  a  stub,  in  the   certificate  book. 

Redemption  of  property  sold. 

§  11.  At  any  time  before  the  expiration  of  one  year  from  the  date 
of  the  sale,  any  property  sold  under  the  provisions  of  the  preceding 
sections  may  be  redeemed  by  the  payment  to  the  tax  collector  of  the 
amount  for  which  the  property  was  sold,  with  an  additional  penalty 
of  twenty  per  cent  of  said  amount.  Said  redemption  money  shall  be 
paid  by  the  tax  collector  to  the  person  holding  the  original  certificate 
of  sale  upon  his  delivering  up  the  same  and  receipting  for  the  amount 
received  from  the  tax  collector  therefor.  Upon  redemption  of  any  par- 
cel of  land  the  tax  collector  shall  enter  the  fact  and  date  of  such 
redemption  upon  the  duplicate  certificate  of  sale  thereof. 

Deed  to  property. 

§  12.  If  the  property  is  sold,  and  is  not  redeemed  within  said  period 
of  twelve  months  from  the  date  of  the  sale,  the  tax  collector  shall 
execute  to  the  person  named  in  the  original  certificate,  or  to  his  assignee, 
a  deed  of  the  property  described  in  said  certificate,  which  said  deed  shall 
refer  in  general  terms  to  the  proceedings  under  which  the  same  is  issued, 
and  shall  contain  a  description  of  the  property.     Such  deed  shall  convey 


Act2389g,  §§  13, 14  general  laws.  '  1576 

title  in  fee  to  said  property,  and  the  grantee  is  immediatelv,  npon  the 
receipt  thereof,  entitled  to  possession  of  the  property  described  therein. 

Special  improvement  fund.     Loan  from  general  fund. 

§  13.  The  funds  collected  by  the  tax  collector  under  the  proceedings 
herein  provided  for,  either  upon  voluntary  payment  or  as  the  result 
of  sales,  shall  be  paid  by  said  tax  collector,  as  fast  as  collected,  to  the 
treasurer  of  the  city,  who  shall  place  the  same  in  a  special  fund  desig- 
nated by  the  name  of  the  improvement  proceeding,  and  payment  shall 
be  made  out  of  said  special  fund  only  for  the  purposes  provided  for  in 
this  act.  To  expedite  the  making  of  any  such  improvement,  the  city 
council  may,  at  any  time,  transfer  into  said  special  fund,  out  of  any 
money  in  the  general  fund,  such  sums  as  it  may  deem  necessary,  and 
the  sums  so  transferred  shall  be  deemed  a  loan  to  such  special  fund,  and 
shall  be  repaid  out  of  the  proceeds  of  the  assessments  provided  for  in 
this  act. 

Contract  for  improvement.  Abandonment  by  contractor.  City  may 
execute  work.  Cost  not  to  exceed  estimate. 
§  14.  At  any  time  after  the  funds  for  the  proposed  improvement,  or 
any  part  thereof,  shall  be  in  the  hands  of  said  treasurer,  the  city  coun- 
cil may  let  the  contract  or  contracts  for  such  improvement,  or  the  respec- 
tive parts  thereof,  and,  in  so  far  as  said  improvement  includes  the  ac- 
quisition of  works  or  appliances  already  installed  and  any  other  property 
necessary  or  convenient  for  the  operation  thereof,  or  the  acquisition  of 
the  use  of  any  such  works,  appliances  and  property,  as  hereinabove  pro- 
vided, the  council  may  authorize  such  acts  and  proceedings  as  may  be 
necessary  for  the  purpose  of  effecting  such  acquisition.  Every  such 
contract  shall  be  let  to  the  lowest  responsible  bidder  after  notice  pub- 
lished by  two  insertions  in  some  newspaper  published  in  such  munici- 
pality, and  designated  by  the  city  council  for  that  purpose,  or  if  there 
be  no  such  newspaper,  then  by  such  posting  as  the  city  council  may 
provide.  Every  bid  shall  be  accompanied  by  a  certified  check,  amount- 
ing to  ten  per  cent  of  the  bid,  payable  to  the  order  of  the  clerk  of  said 
city  council,  and  the  same  shall  be  forfeited  to  the  municipality  in  case 
the  bidder  depositing  the  same  does  not,  within  fifteen  days  after  written 
notice  that  the  contract  has  been  awarded  to  him,  enter  into  a  contract 
with  the  municipality  for  the  work,  the  faithful  performance  of  which 
shall  be  secured  by  an  undertaking  in  such  penal  sum  as  the  city  council 
shall  require,  with  sureties  satisfactory  to  said  council.  The  contract 
must  provide  that  the  work  shall  be  done,  and  the  work  must  be  done, 
strictly  in  accordance  with  the  plans  and  specifications  contained  in  the 
report  provided  for  in  sections  2  and  3  of  this  act.  The  work  must  be 
done  under  the  supervision  of  the  board,  officer  or  person  by  whom  the 
report  provided  for  in  section  2  of  this  act  was  made,  and  no  work  shall 
be  paid  for  until  it  has  been  accepted  by  said  board,  oflicer  or  person. 
If  the  contractor  abandons  the  work,  or  fails  to  proceed  with  the  same 
as  rapidly  as  required  by  his  contract,  the  said  city  council  may  relet 


1577  MUNICIPAL  CORPORATIONS.     Act  2389g,  §§  15-17 

the  work  in  the  same  manner  as  in  the  ease  of  the  first  letting  thereof, 
and  retain  the  amount  of  the  cost  of  the  same,  and  of  any  expense 
incidental  to  the  reletting  out  of  any  funds  due  or  to  become  due,  to 
the  contractor,  and  also  hold  him  and  his  sureties  responsible  for  such 
cost  and  expense,  and  for  any  damages  resulting  from  such  a-bandonment 
OT  failure  upon  his  bond;  provided,  however,  that  the  city  council  in 
its  discretion,  may,  at  any  time  within  ten  days  after  the  award  of  any 
contract,  as  above  provided,  or  at  any  time  within  ten  days  after  the 
time  fixed  for  the  opening  of  bids,  if  no  bids  have  been  received,  order 
by  resolution  adopted  by  a  vote  of  two-thirds  of  all  its  members,  that 
said  proposed  contract  be  not  made,  and  that  the  municipality  itself 
execute  the  work  embraced  therein,  in  accordance  with  the  plans  and 
specifications  adopted  for  such  work,  and  employ  the  labor,  and  provide 
the  material,  appliances,  supplies  and  illuminating  agent  necessary  therefor; 
and  the  cost  and  expenses  of  such  work  shall  be  paid  out  of  the  afore- 
said funds;  and  provided  further,  that  the  amount  appropriated  and 
used  from  said  funds  for  said  purpose  shall  not  exceed  the  amount  of 
the  bid  upon  which  the  award  of  contract  aforesaid  was  made,  or,  if 
no  bids  have  been  received  and  the  work  is  to  be  executed  by  the  muni- 
cipality itself,  as  herein  provided,  such  cost  and  expense  shall  not  exceed 
the  amount  of  the  estimate  thereof  provided  for  in  section  2  of  this  act; 
and  if  such  cost  and  expense  shall  exceed  the  amount  of  said  bid,  or  of 
said  estimate  in  case  no  bids  are  received,  then  such  excess  shall  be  met 
out  of  any  moneys  in  the  general  fund  in  the  treasury  of  said  city. 

Supplemental  assessment. 

§  15.  In  case  the  first  assessment  for  any  improvement  provided  for 
in  this  act  proves  insufficient,  a  supplemental  assessment  may  be  made 
to  raise  the  deficit,  in  the  same  manner  as  nearly  as  may  be,  as  the  first 
assessment,  except  that  protests  may  only  be  made  against  'such  supple- 
mental assessment,  and  so  on  until  sufficient  money  shall  have  been 
realized  to  pay  for  such  improvement. 

Refund  of  excess. 

§  16.  If  at  any  time  an  assessment  for  any  such  improvement  shall 
realize  a  larger  sum  than  is  necessaiy  therefor,  the  excess  shall  be  re- 
funded pro  rata  to  the  parties  by  whom  it  was  paid. 

Assessment  lien  on  land. 

§  17.  Every  special  assessment  levied  under  this  act  shall,  from  the 
date  of  the  levy  thereof,  be  a  lien  upon  the  land  upon  which  it  is  levied 
paramount  to  all  other  liens,  except  prior  assessments  and  taxation,  and 
such  lien  shall  continue  until  such  special  assessment  is  paid,  or  until 
the  property  is  sold  and  a  deed  is  made  therefor  to  the  purchaser,  as 
hereinbefore  provided,  and  all  parties  shall  have  constructive  notice  of 
such  lien  from  the  date  of  the  passage  of  the  resolution  referred  to  in 
section  5  hereof. 


Act  2389g,  §§  18-20  general  laws.  1578 

Improvement  bonds.     Bonds  not  sold. 

§  18.  The  city  council  may,  in  its  discretion,  at  or  before  the  time 
of  levying  an  assessment  in  proceedings  taken  under  the  provisions  of 
this  act,  determine,  by  resolution  or  ordinance,  that  improvement  bonds 
may  issue  to  represent  assessments  included  in  such  levy,  and  amounting 
each  to  twenty-five  dollars  or  over,  and  whenever  such  determination  is 
made,  the  provisions  of  an  act  entitled  "An  act  providing  for  the  issu- 
ance of  improvement  bonds  to  represent  certain  special  assessments  for 
public  improvements,  and  providing  for  the  effect  and  enforcement  of  such 
bonds,"  approved  April  27,  1911,  or  of  any  act  or  acts  amendatory  thereof 
or  su[iplemental  thereto,  shall,  except  as  to  the  minimum  amount  of  any 
such  bond,  be  applicable  in  respect  to  the  issuance,  effect  and  enforcement 
of  such  bonds;  provided,  that  any  bonds  not  sold  after  advertisement  for 
bids,  as  provided  in  said  act,  shall  be  deposited  in  the  fund  of  the  improve- 
ment for  which  said  assessments  were  levied,  and  be  deemed  and  treated, 
at  their  par  value,  as  so  much  money  in  said  fund,  and  shall,  upon  final  ac- 
ceptance of  the  improvement  by  the  city,  be  issued  to  and  accepted  by  the 
contractor  in  payment,  pro  tanto,  of  the  contract  or  purchase  price,  or  shall, 
in  case  the  city  performs  the  work,  be  issued  to  and  accepted  by  the  city 
in  payment,  pro  tanto,  of  the  cost  and  expenses  of  said  improvement;  and 
provided  further,  that  when  said  bonds,  or  any  thereof,  are  so  issued  and 
accepted,  the  contractor,  or  city,  or  other  person  taking  the  same,  shall  have 
the  same  rights  with  reference  thereto  as  other  purchasers. 

Definitions. 

§  19.  The  following  words  and  phrases  shall,  where  used  in  this  act, 
have   the   following   meanings: 

(1)  The  term  "improvement"  includes  all  work  and  improvements  men- 
tioned in  section  1  of  this  act. 

(2)  The  terms  "municipality"  and  "city"  includes  every  incorporated 
city,  city  and  county  or  other  corporation  organized  for  municipal  pur- 
poses. 

(3)  The  terms  "city  council"  and  "council"  include  any  body  or  board 
in  which  by  law  is  vested  the  legislative  power  of  any   city. 

(4)  The  terms  "treasurer"  and  "city  treasurer"  include  any  person  or 
officer  who  has  charge  and  makes  payments  of  the  city  funds. 

Repealed. 

§  20.  That  an  act  entitled  "An  act  to  provide  for  the  lighting  of 
public  streets,  lanes,  alleys,  courts  and  places  in  municipalities,  and  for 
the  assessment  of  the  cost  and  expenses  thereof  upon  the  property  bene- 
fited thereby,"  approved  March  21,  1905,  and  the  amendments  thereof, 
are  hereby  repealed;  provided,  that  proceedings  commenced  thereunder 
prior  to  the  taking  effect  of  this  act  may  be  continued  to  completion 
in  the  same  manner,  and  with  the  same  force  and  effect,  as  if  said  act 
and   the  amendmenta  thereof  were  not  hereby  repealed. 


1579  MUNICIPAL  CORPORATIONS.     Acts  2389h,  23891 

ACT  2389h. 

An  act  authorizing  and  empowerincj  any  municipal  corporation  to  which 
tide  lands  and  submerged  lands,  situated  within  the  limits  thereof, 
have  been  granted  by  the  state  of  California,  to  grant  portions  of 
such  lands  to  the  United  States  for  public  purposes  and  validating 
and  confirming  grants  of  such  lands  made  by  such  municipal  corpora- 
tions to  the  United   States. 

[Approved  May  28,  1913.     Stats.  1913,  p.  437.] 

Tide  lands  may  be  granted  to  United  States  by  cities. 

§  1.  Any  municipal  corporation  to  which  tide  lands  and  submerged 
lands  situated  within  the  boundaries  thereof  have  been  granted  by  the 
state  of  California,  is  hereby  authorized  and  empowered  to  grant  por- 
tions of  such  lands  to  the  United  States,  for  public  purposes  of  the 
United  States;  provided,  however,  that  no  such  grant  shall  be  made 
unless  authorized  and  approved  by  a  vote  of  a  majority  of  the  electors 
of  such  municipal  corporation  voting  upon  the  proposition  of  making 
such  grant  at  an  election  therein,  at  which  such  proposition  shall  have 
been  submitted. 

Former  grants  validated. 

§  2.  Any  grant  heretofore  made  by  any  municipal  corporation  to  the 
United  States,  of  any  portion  of  the  tide  "lands  or  submerged  lands  situ- 
ated within  the  boundaries  of  such  municipal  corporation,  which  grant 
was  authorized  by  a  vote  of  the  majority  of  the  electors  of  such  muni- 
cipal corporation,  voting  upon  the  question  of  authorizing  such  grant, 
at  an  election  held  therein,  is  hereby  confirmed,  legalized  and  declared 
to  be  valid;  and  in  any  case  where  a  proposed  grant  of  such  lands  to 
the  United  States  by  a  municipal  corporation  has  heretofore  been  au- 
thorized by  such  vote,  but  such  grant  has  not  been  made  or  completed, 
such  municipal  corporation  is  hereby  authorized  and  empowered  to  make 
and   complete   such   grant. 

ACT  23891. 

An  act  authorizing  municipalities  to  grant  permits  for  the  construction 
and  maintenance  of  passageways  or  other  structures  under  or  over 
public  alleys  for  the  purpose  of  connecting  buildings  located  on 
abutting  property. 

[Approved  June   4,   1913.     Stats.   1913,  p.  446.] 

Passageways   over   alleys  permitted. 

§  1.  Whenever  the  legislative  body  of  any  municipality  in  this  state 
shall  determine  that  the  public  interevst  or  convenience  require  the  con- 
struction and  the  maintenance  of  passageways  or  other  structures  under 
or  over  any  public  alley  or  alleys  in  such  municipality,  for  the  purpose 
of  connecting  buildings  located  on  abutting  property  and  facilitating 
the  public  use  of  the  street  or  streets  with  which  such  alley  or  alleys 


Act  2390,  §§1-3  GENERAL   LAWS.  1580 

coDnect,  such  legislative  body  shall  have  power  to  grant  permits  for  the 
construction  and  maintenance  of  such  passageways  or  other  structures. 
Such  passageways  or  other  structures  shall  be  so  constructed  and  main- 
tained as  not  to  interfere  with -public  traffic  on  the  surface  of  the  alley, 
and  the  use  of  such  passageways  or  other  structures  shall  at  all  times 
be  subject  to  the  regulation  and  control  of  the  municipality.  Each 
such  permit  shall  be  revocable  at  the  pleasure  of  the  legislative  body. 

TITLE  334. 
MUNICIPAL  WATER  DISTRICTS. 
ACT  2390. 

An  act  to  provide  for  the  incorporation  and  organization  and  manage- 
ment of  municipal  water  districts  and  to  provide  for  the  acquisition 
or  construction  by  said  districts  of  waterworks,  and  for  the  ac- 
quisition of  all  property  necessary  therefor,  and  also  to  provide  for 
the  distribution  and  sale  of  water  by  said  districts. 
The  original  act  was  adopted  May  1,  1911  (Stats.  1911,  p.  1290).  Its  title 
then  read  as  follows:  An  act  to  provide  for  the  incorporation  and  organiza- 
tion and  management   of   municipal  water  districts. 

The  title  was  amended  to  read  as  above  December  24,   1911    (Stats.  Ex.   Sess. 
1911,  p.  107). 

The  act  itself  was  also  amended  at  the  extra  session  of  1911  as  follows 
(Stats.  Ex.  Sess.    1911,  p.  92): 
Municipal  water  districts. 

§  1.     A  municipal  water  district   may  be  organized  and  incorporated 
and  managed  as  herein  expressly  provided  and  may  exercise  the  powers 
herein  expressly  granted  or  necessarily  implied. 
Territory  which  may  be  included. 

§  2.  The  people  of  any  city  and  county,  or  of  one  or  more  municipal 
corporations  in  any  county  with  or  without  unincorporated  territory  in 
such  county,  in  the  state  of  California,  may  organize  a  municipal  water 
district  under  the  provisions  of  this  act  by  proceeding  as  herein  provided. 
[Amendment  approved  December  24,  1911;  Stats.  Ex.  Sess.  1911,  p.  92. J 
Petition  for  organization,  manner  of  presentation.  Publication.  Ex- 
amination. Supplemental  petition.  Sufficiency,  review  of.  Election. 
Certificate  of  incorporation.  Renewal  of  proposition. 
§  3.  A  petition,  wliieh  may  consist  of  any  number  of  separate  instru- 
ments, shall  be  presented  to  the  county  clerk  of  the  county  in  which  the 
proposed  water  district  is  located,  signed  by  qualified  electors  residing 
within  the  boundaries  of  the  proposed  water  district  equal  in  number 
to  at  least  ten  per  centum  of  the  number  of  such  qualified  electors  voting 
for  all  candidates  for  the  office  of  governor  of  this  state  at  the  last 
general  election  prior  to  the  presentation  of  such  petition;  provided, 
that  where  one  or  more  municipal  corporations  are  included  in  such 
proposed  water  district,  such  petition  must  be  signed  by  at  least  ten 
per  centum  of  the  qualified  electors  of  each  such  municipal  corporation 
so  voting  at  such  election.  Such  petition  shall  set  forth  and  describe 
the  boundaries  of  such  proposed  water  district,  and  shall  contain  a  prayer 


1581  MUNICIPAL   WATER   DISTRICTS.  Act  2390,  §  3 

that  such  proposed  water  district  be  incorporated  under  the  provisions 
of  this  act;  and  the  text  of  such  petition  shall  be  published  for  at  least 
two  weeks  before  the  time  at  which  the  same  is  to  be  presented  in  at 
least  one,  but  not  to  exceed  three,  newspapers  printed  and  published 
in  such  county,  together  with  a  -notice  stating  the  time  of  the  meeting 
at  which  same  will  be  presented.  When  contained  upon  more  than  one 
instiument,  one  copy  only  of  such  petition  need  be  published.  No  more 
than  five  of  the  names  attached  to  said  petition  need  appear  in  such 
publication  of  said  petition  and  notice,  but  the  number  of  signers  shall 
be  stated.  Within  ten  days  of  the  date  of  the  presentation  of  such  peti- 
tion, the  county  clerk  s-hall  examine  the  same  and  ascertain  whether  or 
not  said  petition  is  signed  by  the  requisite  qualified  electors;  and  if 
requested  by  the  county  clerk,  the  board  of  supervisors  shall  authorize 
him  to  employ  persons  specially  for  that  purpose,  in  addition  to  the 
persons  regularly  employed  in  his  office,  and  shall  provide  for  their  com- 
pensation. When  the  county  clerk  has  completed  his  examination  of 
the  petition,  he  shall  attach  to  the  same  his  certificate,  properly  dated, 
showing  the  result  of  such  examination;  and  if  from  such  examination 
he  shall  find  that  said  petition  is  signed  by  the  requisite  number  of 
qualified  electors  residing  within  the  boundaries  of  such  proposed  water 
district,  or  is  not  so  signed,  he  shall  certify  that  the  same  is  sufficient 
or  insufficient,  as  the  case  may  be.  If  by  the  certificate  of  the  county 
clerk  the  petition  is  found  to  be  insufficient,  he  shall  also  certify  to  the 
number  of  qualified  electors  required  to  make  such  petition  sufficient, 
and  it  may  be  amended  by  filing  a  supplemental  petition  or  petitions 
within  ten  days  from  the  date  of  such  certificate.  The  county  clerk 
shall,  within  ten  days  after  the  filing  of  such  supplemental  petition  or 
petitions,  make  like  examination  of  the  same  and  certify  to  the  result 
of  such  examination  as  hereinbefore  provided.  If  his  certificate  shall 
show  any  such  petition,  or  such  petition  as  amended,  to  be  insufficient, 
it  shall  be  filed  by  him  with  the  board  of  supervisors  and  kept  as  a 
public  record,  without  prejudice,  however,  to  the  filing  of  a  new  petition 
to  the  same  effect.  But  if,  by  the  certificate  of  the  county  clerk,  such 
petition,  or  such  petition  as  amended,  is  shown  to  be  sufficient,  the  county 
clerk  shall  present  the  same  to  the  board  of  supervisors  without  delay. 
The  sufficiency  or  insufficiency  of  such  petition  shall  not  be  subject  to  re- 
view by  the  board  of  supervisors. 

If  any  supplemental  petition  be  filed,  all  the  signatures  appended  to 
the  petition  and  to  the  supplemental  petition  or  petitions  shall  be  con- 
sidered in  determining  the  number  of  qualified  electors  signing  the  peti- 
tion. After  an  election  for  the  incorporation  of  such  proposed  water 
district,  the  sufficiency  of  such  petition  in  any  respect  shall  not  be  subject 
to  judicial  review  or  be  otherwise  questioned.  If  the  county  in  which 
such  proposed  water  district  is  located  shall  have  a  registrar  of  voters 
other  than  the  county  clerk,  upon  the  presentation  of  the  petition  heroin 
mentioned  to  the  county  clerk,  he  shall  forthwith  deliver  the  same  to 
such  registrar  of  voters,  who  shall  perform  the  duties  herein  required  to 


Act  2390,  §  3  GENERAL  LAWS.  1582 

be  performed  by  the  county  clerk  respecting  the  examination  and  certifi- 
cation of  such  petition;  and  said  registrar  of  voters  shall  return  said 
petition,  immediately  upon  the  completion  of  such  examination,  together 
with  his  certificate  showing  the  result  of  such  examination,  to  the  county 
clerk,  who  shall  thereupon  present  such  petition,  together  with  the  certifi- 
cate of  the  registrar  of  voters  attached  thereto  to  the  board  of  super- 
visors. When  such  petition  is  presented,  the  board  of  supervisors  shall 
give  notice  of  an  election  to  be  held  in  said  proposed  water  district  for 
the  purpose  of  determining  whether  or  not  the  same  shall  be  incorporated. 
Such  notice  shall  describe  the  boundaries  so  established  apd  shall  state 
the  proposed  name  of  the  proposed  incorporation  (which  name  shall  con- 
tain the  words  " municipal  water  district"),  and  such  notice  shall  be 

published  at  least  four  weeks  prior  to  such  election  in  at  least  one,  but 
not  to  exceed  three,  newspapers  printed  and  published  in  said  county. 
At  such  election  the  proposition    to    be    submitted    shall    be:    "Shall    the 

proposition  to  organize  municipal  water  district  under   (naming  the 

chapter  containing  this  act)  of  the  acts  of  the  extra  session  of  the  thirty- 
ninth  session  of  the  California  legislature  be  adopted?"  And  the  election 
thereupon  shall  be  conducted,  the  vote  canvassed  and  the  result  declared 
in  the  same  manner  as  provided  by  law  in  respect  to  general  elections,  so 
far  as  they  may  be  applicable,  except  as  in  this  act  otherwise  provided. 
No  person  shall  be  entitled  to  vote  at  any  election  under  the  provisions  of 
this  act  imless  such  person  possesses  all  the  qualifications  required  of 
electors  under  the  general  election  laws  of  the  state.  Within  four  days 
after  such  election  the  vote  shall  be  canvassed  by  the  board  of  super- 
visors. If  a  majority  of  the  votes  cast  at  such  election  shall  be  in  favor 
of  organizing  such  municipal  water  district,  said  board  shall  by  an  order 
entered  on  its  minutes  declare  the  territory  included  within  the  proposed 
boundaries  duly  organized  as  a  municipal  water  district  under  the  name 
theretofore  designated,  and  the  county  clerk  shall  immediately  cause  to 
be  filed  with  the  secretary  of  state  and  shall  cause  to  be  recorded  in  the 
office  of  the  county  recorder  of  the  county  in  which  said  district  is  situ- 
ated, each,  a  certificate  stating  that  such  a  proposition  was  adopted. 
Upon  the  receipt  of  such  last-mentioned  certificate  the  secretary  of  state 
shall,  within  ten  days,  issue  his  certificate  reciting  that  the  municipal 
water  district  (naming  it)  has  been  duly  incorporated  according  to  the 
laws  of  the  state  of  California.  A  copy  of  such  certificate  shall  be  trans- 
mitted to  and  filed  with  the  county  clerk  of  the  county  in  which  such 
municipal  water  district  is  situated.  From  and  after  the  date  of  filing 
said  certificate  with  the  secretary  of  state,  the  district  named  therein  shall 
be  deemed  incorporated  as  a  municipal  water  district,  with  all  the  rights, 
privileges  and  powers  set  forth  in  this  act  and  necessarily  incident 
thereto.  In  case  less  than  a  majority  of  the  votes  ca^t  are  in  favor  of 
said  proposition  the  organization  fails,  but  without  prejudice  to  renewing 
proceedings  at  any  time  after  six  months  from  date  of  said  election. 
[Amendment  approved  December  24,  1911;  Stats.  Ex.  Sess.  1911,  p.  92. J 


1583  MUNICIPAL  WATER  DISTRICTS.     Act  2390,  §§  4,  5 

Board  of  directors  to  be  elected.  Additional  directors.  Term  of  ofi&ce. 
Time  of  election. 
§  4.  At  an  election  to  be  held  within  such  water  district  under  the 
provisions  of  this  act  and  the  laws  governing  general  elections  not  incon- 
sistent herewith,  the  municipal  water  district  thus  organized  shall  proceed 
within  ninety  days  after  its  formation  to  the  election  of  a  board  of  direct- 
ors consisting,  if  there  are  no  municipalities  within  the  boundaries  of  said 
district,  of  five  members.  In  all  cases  where  the  boundaries  of  such  water 
district  include  any  municipality  or  municipalities,  said  board  of  directors, 
in  addition  to  said  five  directors  to  be  elected  as  aforesaid,  shall  consist 
of  one  cdditional  director  for  each  one  of  said  municipalities  within  such 
municipal  water  district,  each  such  additional  director  to  be  appointed  by 
the  mayor  of  the  municipality  for  which  said  additional  director  is  al- 
lowed; and  if  there  be  any  unincorporated  territory  within  said  water 
district,  of  one  additional  director,  to  be  appointed  by  the  said  board  of 
supervisors.  Any  director  so  appointed  need  not  be  an  elector  or  resident 
of  said  district.  All  directors,  elected  or  appointed,  shall  hold  office  until 
the  election  and  qualification  or  appointment  and  qualification  of  their 
successors.  The  term  of  office  of  directors  elected  under  the  provisions  of 
this  act  shall  be  four  years  from  and  after  their  election;  provided,  that 
the  directors  first  elected  after  the  passage  of  this  act  shall  hold  office 
only  until  the  election  and  qualification  of  their  successors  as  hereinafter 
provided.  The  term  of  office  of  directors  appointed  by  said  mayor  or 
mayors  or  by  said  board  of  supervisors  shall  be  six  years  from  and  after 
the  date  of  appointment.  Directors  to  be  first  appointed  under  the  pro- 
visions of  this  act  shall  be  appointed  within  ninety  days  after  the  forma- 
tion of  the  district.  The  election  of  directors  of  such  municipal  water 
district  shall  be  in  every  fourth  year  after  its  organization,  on  the  fourth 
Tuesday  in  March,  and  shall  be  known  as  the  general  water  district  elec- 
tion. A  second  election  shall  be  held,  when  necessary,  as  hereinafter  pro- 
vided, on  the  third  Tuesday  after  such  general  election,  and  shall  be 
known  as  the  second  water  district  election.  All  other  elections  which 
may  be  held  by  authority  of  this  act,  or  of  ihe  general  laws,  shall  be 
known  as  special  water  district  elections.  [Amendment  approved  Decem- 
ber 24,  1911;  Stats.  Ex.  Sess.  1911,  p.  95.] 

Mode  of  selection  of  directors. 

§  5.  (1)  The  mode  of  nomination  and  election  of  all  elective  officers 
of  such  water  district  to  be  voted  for  at  any  water  district  election  and 
the  mode  of  appointment  of  a  director  or  directors  by  said  mayor  or 
mayors  or  by  said  board  of  supervisors  shall  be  as  follows  and  not  other- 
wise. 

Petition  for  nomination. 

(2)  The  name  of  a  candidate  shall  be  printed  upon  the  ballot  when  a 
petition  of  nomination  shall  have  been  filed  in  his  behalf  in  the  manner 
and  form  and  under  the  conditions  hereinafter  set  forth. 


Act  2390,  §  5  GENERAL  LAWS.  1584 

Form  of  individual  certificates. 

(3)  The  petition  of  Boininatioii  shall  consist  of  not  less  than  twenty-five 
individual  certificates,  which  shall  read  substantially  as  follows: 

Petition  of  Nomination. 

Individual  Certificate. 
State  of  California, 
County  of ,  — ss.  Precinct  No.  . 

I,  the  undersigned,  certify  that  I  do  hereby  join  in  a  petition  for  the 

nomination  of  ,  whose  residence  is  at  No.  ,  street,  for  the 

office  of  of  the  municipal  water  district  to  be  voted  for  at  the 

water  district  election  to  be  held  in  the  municipal  water  district  ou 

the  day  of  ,  19 — ;   and  I  further  certify  that  I  am  a  qualified 

elector  residing  within  said  district,  and  am  not  at  this  time  a  signer  of 
any  othey  petition  nominating  any  other  eanditlate  for  the  above-named 
office,  or,  in  case  there  are  several  places  to  .be  filled  in  the  above-named 
office,  that  I  have  not  signed  more  petitions  than  there  are  places  to  be 

filled  in  the  above-named  office;  that  my  residence  is  at  No.  ,  ■ 

street, ,  and  that  my  occupation  is . 

(Signed) . 

State  of  California, 
County  of  ,  — ss. 

being  duly  sworn,   deposes  and   says  that   he  is  the  person   who 

signed  the  foregoing  certificate  and  that  the  statements  therein  are  true 
and  correct. 

(Signed) . 

Subscribed  and  sworn  to  before  me  this day  of  — ■ — ,  19 — . 

Notary  Public  or  Verification  Deputy. 
The  petition  of  nomination  of  which  this  certificate  forms  a  part  shall, 

if  found  insufficient,  be  returned  to  at  No.  ,  street,  , 

California. 

Blanks  furnished  by  county  clerk. 

(4)  It  shall  be  the  duty  of  the  county  clerk  to  furnish  upon  application 
a  reasonable  number  of  forms  of  individual  certificates  of  the  above 
character. 

Requisites  for  certificates  of  nomination. 

(5)  Each  certificate  must  be  a  separate  paper.  All  certificates  must  be 
of  uniform  size  as  determined  by  the  county  clerk.  Each  certificate  must 
contain  the  name  of  one  signer  thereto  and  no  more.  Each  certificate 
shall  contain  the  name  of  one  candidate  and  no  more.  Each  signer  must 
be  a  qualified  elector  residing  within  said  district,  must  not  at  the  time 
of  signing  a  certificate  have  his  name  signed  to  any  other  certificate  for 
any  other  candidate  for  the  same  office,  nor,  in  case  there  are  several 


1585  MUNICIPAL  WATER   DISTRICTS.  Act  2390,  §  5 

places  to  be  filled  in  the  same  office,  signed  to  more  certificates  for  candi- 
dates for  that  oflfiee  than  there  are  places  to  be  filled  in  such  office.  In 
ease  an  elector  has  signed  two  or  more  conflicting  certificates,  all  such 
certificates  shall  be  rejected.  Each  signer  must  verify  his  certificate  and 
make  oath  that  the  same  is  true,  before  a  notary  public  or  a  verification 
deputy,  as  provided  for  in  this  section.  Each"  certificate  shall  further 
contain  the  name  and  address  of  the  person  to  whom  the  petition  is  to  be 
returned  in  case  said  petition  is  found  insufficient. 

Verification  deputies,  their  qualifications,  and  manner  of  appointment. 

(6)  Verification  deputies,  under  this  section,  must  be  qualified  electors 
of  such  municipal  water  district,  and  shall  be  appointed  by  the  county 
clerk  or  clerks  upon  application  in  writing,  signed  by  not  less  than  five 
qualified  electors  of  such  municipal  water  district.  The  application  shall 
set  forth  that  the  signers  thereto  desire  to  procure  the  necessary  signa- 
tures of  electors  for  the  nomination  of  candidates  for  office  in  said  munici- 
pal water  district  at  an  election  therein  specified,  and  that  the  applicants 
desire  the  person  or  persons  whose  names  and  addresses  are  given  ap- 
pointed as  verification  deputies,  who  shall  upon  appointment  be  authorized 
and  empowered  to  take  the  oath  of  verification  of  the  signers  of  petitions 
of  nomination.  Such  verification  deputies  need  not  use  a  seal,  and  shall 
not  have  power  to  take  oaths  for  any  other  purposes  whatsoever,  and  their 
appointments  shall  continue  only  until  all  petitions  of  nomination,  under 
this  section,  shall  have  been  filed  by  the  county  clerk. 

Time  for  presentation  of  nominating  petition. 

(7)  A  petition  of  nomination,  consisting  of  not  less  than  twenty-five 
individual  certificates,  for  any  one  candidate,  may  be  presented  to  the 
county  clerk  not  earlier  than  forty-five  days  nor  later  than  thirty  days 
before  the  election.  The  county  clerk  shall  indorse  thereon  the  date 
upon  which  the  petition  was  presented  to  him. 

Examination  by  county  clerk.     Amendment  of  petition. 

(8)  When  a  petition  of  nomination  is  presented  for  filing  to  the  county 
clerk,  he  shall  forthwith  examine  the  same,  and  ascertain  whether  or 
not  it  conforms  to  the  provisions  of  this  section.  If  found  not  to  con- 
form thereto,  he  shall  then  and  there  in  writing  designate  on  said  petition 
the  defect  or  omission  or  reason  why  such  petition  cannot  be  filed,  and 
shall  return  the  petition  to  the  person  named  as  the  person  to  whom  the 
same  may  be  returned  in  accordance  with  this  section.  The  petition  may 
then  be  amended  and  again  presented  to  the  clerk  as  in  the  first  instance. 
The  clerk  shall  forthwith  proceed  to  examine  the  petition  as  hereinbefore 
provided.  If  necessary,  the  board  of  supervisors  shall  provide  extra  help 
to  enable  the  clerk  to  perform  satisfactorily  and  promj^tly  the  duties  im- 
posed by  this  section. 

Withdrawal  of  signer. 

(9)  Any  signer  to  a  petition  of  nomination  and  certificate  may  with- 
draw his  name  from  the  same  by  filing  with  the  county  clerk  a  verified 

100 


Act  2390,  §  5  GENERAL   LAWS.  1586 

revocation  of  his  signature  before  the  filing  of  the  petition  by  the  clerk, 
and  not  otherwise.  He  shall  then  be  at  liberty  to  sign  a  petition  for 
another  candidate  for  the  same  office. 

Withdrawal  of  candidate. 

(10)  Any  person  whose  name  has  been  presented  under  this  section 
as  a  candidate  may,  not  later  than  twenty-five  days  before  the  day  of 
election,  cause  his  name  to  be  withdrawn  from  nomination  by  filing  with 
the  count}^  clerk  a  request  therefor  in  writing,  and  no  name  so  with- 
drawn shall  be  printed  upon  the  ballot.  If,  upon  such  withdrawal,  the 
number  of  candidates  remaining  does  not  equal  the  number  to  be  elected, 
then  other  nominations  may  be  made  by  filing  petitions  therefor  not  later 
than  twenty  days  prior  to  such  election. 

Filing  of  petition  by  county  clerk. 

(11)  If  either  the  original  or  amended  petition  of  nomination  be  found 
sufficiently  signed  as  hereinbefore  provided,  the  clerk  shall  file  the  same 
twenty-five  days  before  the  date  of  the  election.  When  a  petition  of 
nomination  shall  have  been  filed  by  the  clerk  it  shall  not  be  withdrawn 
or  added  to  and  no  signature  shall  be  revoked  thereafter. 

Preservation  lof  petition. 

(12)  The  county  clerk  shall  preserve  in  his  office  for  a  period  of  two 
years,  all  petitions  of  nomination  and  all  certificates  belonging  thereto, 
filed  under  this  section. 

• 
Proclamation  of  election. 

(13)  Immediately  after  such  petitions  are  filed,  the  clerk  shall  enter 
the  names  of  the  candidates  in  a  list,  with  the  offices  to  be  filled,  and  shall 
not  later  than  twenty  days  before  the  election  certify  such  list  as  being 
the  list  of  candidates  nominated  as  required  by  the  provisions  of  this  act, 
and  the  board  of  supervisors  shall  cause  said  certified  list  of  names  and 
the  offices  to  be  filled,  to  be  published  in  the  proclamation  calling  the 
election  at  least  ten  successive  days  before  the  election  in  at  least  one  but 
not  more  than  three  newspapers  of  general  circulation  published  in  the 
county  in  which  such  municipal  water  district  is  located.  Such  proclama- 
tion shall  conform  in  all  respects  to  the  general  state  law  governing  the 
conduct  of  general  elections  now  or  hereafter  in  force,  applicable  thereto, 
except  as  otherwise  herein  provided. 

Form  of  ballots. 

(14)  The  county  clerk  shall  cause  the  ballots  to  be  printed  and  bound 
and  numbered  as  provided  by  said  general  state  law,  except  as  otherwise 
required  in  this  act.  The  ballots  shall  contain  the  list  of  names  and  the 
respective  offices  as  published  in  the  proclamation  and  shall  be  in  sub- 
stantially the  following  form: 


1587  MUNICIPAL^ WATER  DISTRICTS.  Act  2390,  §  5 

General   (or   Special)    District   Election, 

■ Municipal  Water  Distri&t, 

(Inserting  date  thereof). 
Instructions  to  Voters:  To  vote,  stamp  or  write  a  cross  (X)  opposite 
the  name  of  the  candidate  for  whom  you  desire  to  vote.  All  marks  other- 
wise made  are  forbidden.  All  distinguishing  marks  are  forbidden  and 
make  the  ballot  void.  If  you  wrongly  mark,  tear  or  deface  this  ballot, 
return  it  to  the  inspector  of  election,  and  obtain  another. 

Style  of  ballot,  and  axrangeraent  of  names. 

(15)  All  ballots  printed  shall  be  precisely  on  the  same  size,  quality, 
tint  of  paper,  kind  of  type,  and  color  of  ink,  so  that  without  the  number 
it  would  be  impossible  to  distinguish  one  ballot  from  another;  and  the 
names  of  all  candidates  printed  upon  the  ballot  shall  be  in  type  of  the 
same  size  and  style.  A  column  may  be  provided  on  the  right-hand  side 
for  questions  to  be  voted  upon  at  municipal  water  district  elections,  as 
provided  for  under  this  act.  The  names  of  the  candidates  for  each  office 
shall  be  arranged  in  alphabetical  order,  and  nothing  on  the  ballot  shall 
be  indicative  of  the  source  of  the  candidacy  or  of  the  support  of  any 
candidate. 

No  name  to  be  omitted. 

(16)  The  name  of  no  candidate  who  has  been  duly  and  regularly  nom- 
inated, and  who  has  not  withdrawn  his  name  as  herein  provided,  shall 
be  omitted  from  the  ballot. 

Arrangement  of  offices. 

(17)  The  offices  to  be  filled  shall  be  arranged  in  the  following  order: 
"For  director  vote  for  (giving  number)." 

Voting  squares. 

(18)  Half-inch  square  shall  be  provided  at  the  right  of  the  name  of 
each  candidate  wherein  to  mark  the  cross. 

Space  for  written  names. 

(19)  Half-inch  spaces  shall  be  left  below  the  printed  names  of  can- 
didates for  each  office  equal  in  number  to  the  number  to  be  voted  for, 
wherein  the  voter  may  write  the  name  of  any  person  or  persons  for 
whom  he  may  wish  to  vote. 

Sample  ballots. 

(20)  The  county  clerk  shall  cause  to  be  printed  sample  ballots,  iden- 
tical with  the  ballot  to  be  used  at  the  election,  and  shall  furnish  copies 
of  the  same  on  application  to  registered  voters  at  his  office  at  least  five 
days  before  the  date  fixed  for  such  election,  and  shall  mail  one  such 
ballot  to  each  voter  entitled  to  vote  at  such  election,  so  that  all  of  said 
sample  ballots  shall  have  been  mailed  at  least  three  whole  days  before 
said  election. 


Act  2390,  §  5  GENERAL   LAWS.  1588 

Election  of  candidates  receiving  majority  vote. 

(21)  In  ease  there  is  but  one  person  to  be  elected  to  an  office,  the 
candidate  receiving  a  majority  of  the  votes  east  for  all  the  candidates 
for  that  office  shall  be  declared  elected;  in  case  there  are  two  or  more 
persons  to  be  elected  to  an  office,  as  that  of  director,  then  those  candi- 
dates equal  in  number  to  the  number  to  be  elected,  who  receive  the  high- 
est number  of  votes  for  such  office  shall  be  declared  elected;  provided, 
however,  that  no  person  shall  be  declared  elected  to  any  office  at  such 
first  election  unless  the  number  of  votes  received  by  him  shall  be  greater 
than  one-half  the  number  of  ballots  cast  at  such  election. 

Second  election,  and  candidates  thereat.     Tie  votes. 

(22)  If  at  any  election  held  as  above  provided  there  be  any  office  to 
which  the  required  number  of  persons  was  not  elected,  then  as  to  such 
office  the  said  first  election  shall  be  considered  to  have  been  a  primary 
election  for  the  nomination  of  candidates,  and  a  second  election  shall  be 
held  to  fill  said  office.  The  candidates  not  elected  at  such  first  election, 
equal  in  number  to  twice  the  number  to  be  elected  to  any  given  office, 
or  less  if  so  there  be,  who  receive  the  highest  number  of  votes  for  the 
respective  offices  at  such  first  election,  shall  be  the  only  candidates  at 
such  second  election;  provided,  that  if  there  be  any  person  who,  under 
the  provisions  of  this  subdivision,  would  have  been  entitled  to  become 
a  candidate  for  any  office,  except  for  the  fact  that  some  other  candi- 
date received  an  equal  number  of  votes  therefor,  then  all  -such  persons 
receiving  such  equal  number  of  votes  shall  likewise  become  candidates 
for  such  office.  The  candidates  equal  in  number  to  the  persons  to  be 
elected  who  shall  receive  the  highest  number  of  votes  at  such  second 
election  shall  be  declared  elected  to  such  office. 

Time  of  second  election. 

(23)  The  said  second  election,  if  necessary  to  be  held,  shall  be  held 
three  weeks  after  the  first  election. 

Conduct  of  second  election. 

(24)  All  the  provisions  and  conditions  above  set  forth  as  to  the  eon- 
duct  of  an  election,  so  far  as  they  maj'  be  applicable,  shall  govern  the 
second  election,  except  that  notice  of  election  need  be  published  twice 
only;  and  provided,  also,  that  the  same  precincts  and  polling  places  shall, 
if  possible,  be  used. 

Vacancy  by  failure  to  qualify. 

(2o)  If  a  person  elected  fails  to  qualify,  the  office  shall  be  filled  as  if 
there  were  a  vacancy  in  such  office,  as  hereinafter  provided. 

Method  of  appointing  directors. 

(26)  The  mode  of  appointment  of  director  or  directors  by  the  mayor 
or  mayors,  or  by  the  board  of  supervisors,  shall  be  by  certificate  of  ap- 
pointment signed  by  said  mayor  or  mayors,  or  issued  by  said  board  of 


1589  MUNICIPAL  WATER  DISTRICTS.      Act  2390,  §§  6-8 

snpervisorg,    and   transmitted   to   the   board   of   directors    of   said   water 

district. 

Informalities  not  to  invalidate  elections. 

(27)  No  informality  in  conducting  municipal  water  district  elections 
shall  invalidate  the  same,  if  they  have  been  conducted  fairly  and  in 
substantial  conformity  to  the  requirements  of  this  act.  [Amendment 
approved  December  24,  1911;  Stats,  Ex.  Sess.  1911,  p.  95.] 

Conduct  of  elections.     Canvass  of  returns. 

§  6.  The  provisions  of  the  law  relating  to  the  qualifications  of  elect- 
ors, the  manner  of  voting,  the  duties  of  election  officers,  the  canvassing 
of  returns,  and  all  other  particulars  in  respect  to  the  management  of 
general  elections,  so  far  as  they  may  be  applicable,  shall  govern  all  water 
district  elections,  except  as  in  this  act  otherwise  provided;  provided, 
that  the  board  of  supervisors  shall  canvass  the  returns  of  the  election 
or  elections  held  to  select  the  first  board  of  directors,  as  herein  provided, 
and  that  thereafter,  except  as  herein  provided,  the  board  of  directors 
shall  meet  as  a  canvassing  board  and  duly  proceed  to  canvass  the  returns 
within  four  days  after  any  water  district  election,  including  any  water 
district  bond  election.  [Amendment  approved  December  24,  1911;  Stats. 
Ex.  Sess.  1911,  p,  100.] 

Recall. 

§  7.  Every  incumbent  of  an  elective  office,  whether  elected  by  popular 
vote  for  a  full  term,  or  elected  by  the  board  of  directors  to  fill  a  vacancy, 
or  appointed  by  a  mayor  or  mayors  or  by  said  board  of  superviso-rs  for 
a  full  term,  is  subject  to  recall  by  the  voters  of  any  municipal  water 
district  organized  under  the  provisions  of  this  act,  in  accordance  with 
the  recall  provisions  of  the  general  laws  of  the  state  with  Reference  to 
municipal  corporations.  [Amendment  ajiproved  December  24,  1911;  Stats. 
Ex.  Sess.  1911,  p.  100.] 

Directors  to  be  governing  body.  President.  Conduct  of  meetings  of 
board. 
§  8.  The  board  of  directors  shall  be  the  governing  bo<ly  of  such  muni- 
cipal water  district.  It  shall  hold  its  first  meeting  on  the  sixth  Monday 
after  the  first  goiieral  election  for  the  election  of  directors  as  herein 
provided;  it  shall  choose  one  of  its  members  president,  and  shall  there- 
upon provide  for  the  time  and  place  of  holding  its  meetings  and  the 
manner  in  which  its  special  meetings  may  be  called.  All  legislative  ses- 
sions of  the  board  of  directors  whether  regular  or  special  shall  be  open 
to  the  public.  A  majority  of  the  board  of  directors  shall  constitute  a 
quorum  for  the  transaction  of  business.  The  board  of  directors  shall 
establish  rules  for  its  proceedings.  [Amendment  approved  December  24, 
1911;   Stats.  Ex.  Sess,   1911,  p.  101.] 


Act  2390,  §§  9-12  general  laws.  1590 

Method  of  transacting  business.  Compensation  of  directors.  Vacancies 
in  board,  how  filled. 
§  9.  The  board  of  directors  shall  act  only  by  ordinance  or  resolution. 
The  ayes  and  noes  shall  be  taken  upon  the  passage  of  all  ordinances  or 
resolutions  and  entered  upon  the  journal  of  the  proceedings  of  the  board 
of  directors.  No  ordinance  or  resolution  shall  be  passed  or  become  effec- 
tive without  the  affirmative  votes  of  at  least  a  majority  of  the  members 
of  the  board.     The  enacting  clause  of  all  ordinances  passed  by  the  board 

shall  be  in  these  words:   "Be  it  ordained  by  the  board  of  directors  of  

municipal  water  district  as  follows:"  All  resolutions  and  ordinances 
shall  be  signed  by  the  president  of  the  board  of  directors  and  attested 
by  the  secretary.  Each  of  the  members  of  the  board  of  directors  shall 
receive  for  each  attendance  at  the  meetings  of  the  board  ten  dollars, 
and  shall  receive  no  other  compensation.  No  director,  however,  shall 
receive  pay  for  more  than  three  meetings  in  any  calendar  month.  Any 
vacancy  in  the  board  of  directors,  whether  the  vacant  office  is  elective 
or  appointive,  shall  be  filled  by  the  remaining  directors  and  the  person 
so  chosen  shall  hold  office  for  the  remainder  of  the  unexpired  term. 
[Amendment  approved  December  24,  1911;  Stats.  Ex.  Sess.  1911,  p.  101.] 

Officers  of  district  elected  by  directors. 

§  10.  The  board  of  directors  shall  at  its  first  meeting,  or  as  soon 
thereafter  as  practicable,  appoint,  by  a  majority  vote,  a  general  manager, 
a  secretary,  and  an  auditor.  No  director  shall  be  eligible  to  the  office 
of  general  manager,  secretary  or  auditor.  The  general  manager,  secre- 
tary, and  auditor  shall  receive  such  compensation  as  the  board  of  direc- 
tors shall  determine  and  each  shall  serve  at  the  pleasure  of  the  board. 
[Amendment  approved  December  24,  1911;  Stats.  Ex.  Sess.  1911,  p.  101.] 

Informality  not  to  invalidate. 

§  11.  No  informality  in  any  proceeding  or  informality  in  the  con- 
duct of  any  election,  not  substantially  affecting  adA'ersely  the  legal 
rights  of  any  citizen,  shall  be  held  to  invalidate  the  incorporation  of 
any  municipal  water  district,  and  any  proceedings,  wherein  the  validity 
of  siich  incorporation  is  denied,  shall  be  commenced  within  three  months 
from  the  date  of  the  certificate  of  incorporation,  otherwise  said  incor- 
poration and  the  legal  existence  of  said  municipal  water  district  and 
all  proceedings  in  respect  thereto  shall  be  held  to  be  valid  and  in  every 
respect  legal  and  incontestable.  • 

General  powers  of  district. 

§  12.  Any  municipal  water  district  incorporated  as  herein  provided, 
shall  have  power: 

1.  To  have  perpetual  succession; 

2.  To  sue  and  to  be  sued,  except  as  otherwise  provided  herein  or  by 
law,  in  all  actions  and  proceedings  in  all  courts  and  tribunals  of  com- 
petent jurisdiction; 

3.  To  adopt  a  seal  and  alter  it  at  pleasure; 


1591  MUNICIPAL    WATER   DISTRICTS.  Act  2390,  §  13 

4.  To  take  by  grant,  purchase,  gift,  devise,  or  lease,  hold,  use,  enjoy, 
and  to  lease  or  dispose  of  real  aud  personal  property  of  every  kind, 
within  or  without  the  district,  necessary  to  the  full  exercise  of  its  powers; 

5.  To  acquire,  or  contract  to  acquire,  waterworks  or  a  waterworks 
system,  waters,  water  rights,  lands,  rights  and  privileges,  and  construct, 
maintain  and  operate  conduits,  pipe-lines,  reservoirs,  works,  machinery 
and  other  property  useful  or  necessary  to  store,  convey,  supply  or  other- 
wise make  use  of  water  for  a  waterworks  plant  or  system  for  the  bene- 
fit of  the  district,  and  to  complete,  extend,  add  to,  repair,  or  otherwise 
improve  any  waterworks  or  waterworks  system  acquired  by  it  as  herein 
authorized; 

6.  To  lease  of  and  from  anj'  person,  firm,  or  public  or  private  cor- 
poration, with  the  privilege  of  purchasing  or  otherwise,  existing  water- 
works or  a  waterworks  system,  and  to  carry  on  and  conduct  waterworks 
or  a  waterworks  system;  also  to  sell  water  under  the  control  of  the 
district  to  municipalities,  and  to  other  public  corporations  within  the 
district,  and  to  the  inhabitants  of  such  municipalities  and  of  other  terri- 
tory within  the  district,  for  use  within  said  district,  without  any  prefer- 
ence, and  it  may,  whenever  there  is  a  surplus  of  water  above  that  which 
may  be  required  by  such  consumers  within  said  district,  sell  or  other- 
wise dispose  of  such  surplus  water  to  any  persons,  firms,  public  or  private 
corporations  or  other  consumers; 

7.  To  have  and  exercise  the  right  of  eminent  domain  and  in  the  man- 
ner provided  by  law  for  the  condemnation  of  private  property  for  public 
use,  to  take  any  property  necessary  to  supply  the  district  or  any  portion 
thereof  with  water,  whether  such  property  be  already  devoted  to  the 
same  use,  or  otherwise,  and  may  condemn  any  existing  waterworks  or 
system,  or  any  portion  thereof,  or  anv*  waters  or  water  rights  owned 
by  any  person,  firm  or  private  corporation.  In  proceedings  relative  to 
the  exercise  of  such  right,  the  district  shall  have  the  same  rights,  powers 
and  privileges  as  a  municipal  corporation; 

8.  To  borrow  money  and  incur  indebtedness  and  to  issue  bonds  or 
other  evidences  of  such  indebtedness;  also  to  refund  or  retire  any  in- 
debtedness or  lien  that  may  exist  against  the  district  or  property  thereof; 

9.  To  cause  taxes  to  be  levied  for  the  purpose  of  paying  any  obligation 
of  the   district   in   the   manner   hereinafter   provided; 

10.  To  make  contracts,  to  employ  labor,  and  do  all  acts  necessary  for 
the  full  exercise  of  the  foregoing  powers. 

11.  In  case  of  condemnation  proceedings  the  board  shall  proceed  in 
the  name  of  the  district.  [Amendment  approved  December  24,  1911; 
Stats.  Ex.  Sess.   1911,  p.  101.] 

Powers  of  directors. 

§  13.  The  powers  herein  enumerated  shall,  except  as  herein  other- 
wise provided,  be  exercised  by  the  board  of  directors  above  provided 
for  and  elected  and  appointed  as  prescribed  herein.  [Amendment  ap- 
proved December  24,  1911;  Stats.  Ex.  Sess.  1911,  p.   lO:^.] 


Act  2390,  §§  14, 15  general  laws.  1592 

Duties  of  president.  Of  secretary.  Of  general  manager.  Of  auditor. 
Depositary  of  district  funds.  Bonds  of  oflacers  and  employees. 
§  14.  The  president  shall  sign  all  contracts  on  behalf  of  the  district 
and  perform  such  other  duties  as  maj^  be  imposed  by  the  board  of 
directors.  The  secretary  shall  countersign  all  contracts  on  behalf  of 
the  district  and  perform  such  other  duties  as  may  be  imposed  by  the 
board  of  directors.  The  secretary  shall  give  his  full  time  during  office 
hours  to  the  affairs  of  the  district.  The  general  manager  shall  have 
full  charge  and  control  of  the  maintenance,  operation  and  construction 
of  the  waterworks  or  waterworks  system  of  said  water  district,  with 
full  power  and  authority  to  employ  and  discharge  all  employees  and  as- 
sistants at  pleasure,  prescribe  their  duties,  and  shall,  subject  to  the 
approval  of  the  board  of  directors,  fix  their  compensation.  The  general 
manager  shall  perform  such  other  duties  as  may  be  imposed  upon  him 
by  the  board  of  directors.  The  general  manager  shall  report  to  the 
board  of  directors  in  accordance  with  such  rules  and  regulations  as  they 
may  adopt.  The  auditor  shall  be  charged  with  the  duty  of  installing 
and  maintaining  a  system  of  auditing  and  accounting  that  shall  com- 
pletely and  at  all  times  show  the  financial  condition  of  the  district.  He 
shall  draw  warrants  to  pay  demands  made  against  the  district  when  such 
demands  have  been  first  approved  by  at  least  three  of  the  members  of 
the  board  of  directors  and  by  the  general  manager.  The  board  of  direc- 
tors shall  also  designate  a  depositary  or  depositaries  to  have  the  custody 
of  the  funds  of  the  district,  all  of  which  depositaries  shall  give  security 
sufficient  to  secure  the  district  against  possible  loss,  and  who  shall 
pay  the  warrants  drawn  by  the  auditor  for  demands  against  the  dis- 
trict under  such  rules  as  the  directors  may  prescribe.  The  general 
manager,  secretary  and  auditor,  and  all  other  employees  or  assistants 
of  said  district  who  may  be  required  so  to  do  by  the  board  of  directors, 
shall  give  such  bonds  to  the  district  conditioned  for  the  faithful  per- 
formance of  their  duties  as  the  board  of  directors  from  time  to  time 
may  provide.  [Amendment  approved  December  24,  1911;  Stats.  Ex.  Sess. 
1911,  p.  103.] 

Creation  of  bonded  indebtedness,  and  election  therefor.  Notice  of  elec- 
tion and  conduct  thereof. 
§  15.  Whenever  the  board  of  directors  deem  it  necessary  for  the  dis- 
trict to  incur  a  bonded  indebtedness,  it  shall,  by  resolution,  so  declare 
and  state  the  proposition  to  be  submitted  to  the  electors,  the  purpose 
for  which  the  proposed  debt  is  to  be  incurred,  the  amount  of  debt 
to  be  incurred,  the  maximum  term  the  bonds  proposed  to  be  issued  shall 
run  before  maturity,  which  shall  not  exceed  forty  years,  and  the  maxi- 
mum rate  of  interest  to  be  paid,  which  shall  not  exceed  five  per  cent 
per  annum.  The  "board  of  directors  shall  fix  a  date  upon  which  an  elec- 
tion shall  be  held  for  the  purpose  of  authorizing  said  bonded  indebted- 
ness to  be  incurred.  It  shall  be  the '  duty  of  the  board  of  directors  to 
provide  for  holding  such  special  election  on  the  days  so  fixed  and  in  accord- 


1593  MUNICIPAL  WATER  DISTRICTS.      Act  2390,  §§  16-19 

ance  with  the  general  election  laws  of  the  state  so  far  as  the  same  shall 
be  applicable,  except  as  herein  otherwise  provided.  Such  board  of  direc- 
tors shall  give  notice  of  the  holding  of  such  election,  which  notice  shall 
contain  the  resolution  adopted  by  the  board  of  directors  of  the  water 
district,  boundaries  of .  precincts,' the  location  of  polling  places,  and  the 
names  of  the  officers  selected  to  conduct  the  election,  who  shall  consist 
of  one  judge,  one  inspector  and  two  clerks  in  each  precinct.  Such  notice 
shall  be  published  for  two  weeks  in  at  least  one  newspaper,  and  not 
more  than  three  newspapers,  published  in  such  water  district,  which 
newspaper  or  newspapers  shall  be  designated  by  the  board  of  directors; 
and  if  there  is  no  newspaper  printed  in  such  water  district,  then  by 
posting  such  notice  in  three  public  places  therein.  All  the  expenses  of 
holding  such  election  shall  be  borne  by  the  district.  The  returns  of 
such  election  shall  be  made,  the  votes  canvassed  by  said  board  of  direc- 
tors on  the  first  Monday  following  said  election,  and  the  results  thereof 
ascertained  and  declared  in  accordance  with  the  general  laws  of  the  state 
so  far  as  they  may  be  applicable,  except  as  herein  otherwise  provided. 
The  secretary  of  the  board  of  directors,  as  soon  as  the  result  is  declared, 
shall  enter  in  the  records  of  such  board  a  statement  of  such  results.  No 
irregularities  or  infornralities  in  conducting  such  election  shall  invalidate 
the  same,  if  the  election  shall  have  otherwise  been  fairly  conducted.  In 
all  respects  not  otherwise  provided  for  herein  said  election  shall  be 
called,  managed  and  directed  as  is  by  law  provided  for  general  elections 
in  this  state  applicable  thereto,  except  as  herein  otherwise  provided. 
[Amendment  appro'ved  December  '24,  1911;  Stats.  Ex.  Sess.  1911,  p.  103.] 

Proposition  to  be  submitted  to  electors.     Election.     Notice  to  be  pub- 
lished. 
§  16.     [Repealed  December  24,  1911;  Stats.  Ex.  Sess.  1911,  p.  104.] 

Directors  to  issue  bonds,  if  proposition  receives  necessary  vote. 

§  17.  If  from  such  returns  it  appears  that  more  than  two-thirds  of 
the  votes  cast  at  such  election  were  in  favor  of  and  assented  to  the  in- 
curring of  such  indebtedness,  then  the  board  of  directors  may,  by  resolu- 
tion, at  such  time  or  times  as  it  deems  proper,  provide  for  the  form  and 
execution  of  such  bonds  and  for  the  issuance  of  any  part  thereof,  and 
may  sell  or  dispose  of  the  bonds  so  issued  at  such  times  or  in  such 
manner,  either  for  cash  in  lawful  money  of  the  United  States  or  its 
equivalent,  as  it  may  deem  to  be  to  the"^  public  interest.  [Amendment 
approved  December  24,  1911;  Stats.  Ex.  Sess.  1911,  p.  104.] 

Bonds  exempt  from  taxation. 

§  18.  Any  bonds  issued  by  any  district  are  hereby  given  the  same 
force,  value" and  use  as  bonds  issued  by  anj  municipality  and  shall  be 
exempt  from   all  taxation  within  the  state  of  California. 

Crossings  and  intersections.     Rights  of  way. 

§  19.  The  board  of  directors  shall  have  power  to  construct  works 
across  any  stream  of  water,  watercourse,  street,  avenue,  highway,   rail- 


Act  2390,  §§20-24  general  laws.  1594 

way,  canal,  ditch,  or  flume  which  the  route  of  said  works  may  intersect 
or  cross;  provided,  such  works  are  constructed  in  such  manner  as  to 
afford  security  for  life  and  property,  and  said  board  of  directors  shall 
restore  the  crossings  and  intersections  to  their  former  state  as  near  as 
may  be,  or  in  a  manner  not  to  have  Impaired  unnecessarily  their  use- 
fulness. Every  company  whose  right  of  way  shall  be  intersected  or 
crossed  by  said  works  shall  unite  with  said  board  of  directors  in  form- 
ing said  intersections  and  crossings  and  grant  the  rights  therefor.  The 
right  of  way  is  hereby  given,  dedicated  and  set  apart  to  locate,  con- 
struct and  maintain  said  works  over  and  through  any  of  the  lands  which 
are  now  or  may  be  the  property  of  this  state,  and  to  have  the  same 
rights  and  privileges  appertaining  thereto  as  have  been  or  may  be  granted 
to  municipalities  within  the  state.  [Amendment  approved  December  24, 
1911;  Stats.  Ex.  Sess.  1911,  p.  104.] 

Water  rates  and  collection  thereof. 

§  20.  The  board  of  directors  shall  fix  all  water  rates  and  through 
the  general  manager  collect  the  charges  for  the  sale  and  distribution  of 
water  to  all  consumers.  [Amendment  approved  December  24,  1911;  Stats. 
Ex.  Sess.  1911,  p.  105.] 

Estimate  of  water  needed  by  each  municipality. 

§  21,     [Repealed  December  24,  1911;   Stats.  Ex.  Sess.  1911,  p.  105.] 

Basis  for  determination  of  water  rates. 

§  22.  The  board  of  directors  in  the  furnishing  of  water  shall  fix  such 
rate  as  will  pay  the  operating  expenses  of  the  district,  provide  for  re- 
pairs and  depreciation  of  works  owned  or  operated  by  it,  pay  the  interest 
on  any  bonded  debt,  and,  so  far  as  possible,  provide  a  sinking  or  other 
fund  for  the  payment  of  the  principal  of  such  debt  as  it  may  become  due; 
it  being  the  intention  of  this  section  to  require  the  district  to  pay  the 
interest  and  principal  of  its  bonded  debt  from  the  revenues  of  the 
district.  [Amendment  approved  December  24,  1911;  Stats.  Ex.  Sess. 
1911,    p.    105.] 

Tax  levy  to  meet  deficiency. 

§  23.  If,  from  any  cause,  the  revenues  of  the  district  shall  be  inade- 
quate to  pay  the  principal  or  interest  on  any  bonded  debt  as  it  becomes 
due,  then  the  board  of  directors  may  cause  a  tax  to  be  levied  for  that 
purpose   as   herein   provided. 

Tax  for  district  purposes,  manner  of  levy  and  collection.  Tax  to  be  lien 
on  property. 
§  24.  The  board  of  directors  shall  determine  the  amount  necessary 
to  be  raised  by  taxation  and  shall  fix  a  rate  of  tax  to  be  levied  which 
will  raise  the  amount  of  money  required  by  the  district,  and  within  a 
reasonable  time  previous  to  the  time  when  the  board  of  supervisors  is 
required  bv  law  to  fix  its  tax  rate,  certify  to  the  board   of  supervisors 


1595  MUNICIPAL  WATER  DISTRICTS.     Act  2390,  §§  25-27 

the  rate  so  fixed  with  direction  that  at  the  time  and  in  the  manner  re- 
quired by  law  for  the  levying  of  taxes  for  county  purposes,  such  board 
of  supervisors  shall  levy  and  collect  a  tax  in  addition  to  such  other  tax 
as  may  be  levied  by  such  board  of  supervisors  at  the  rate  so  fixed  and 
determined,  and  it  is  made  the  duty  of  the  officer  or  body  having  au- 
thority to  levy  taxes  within  each  county  to  levy  the  tax'  so  required. 
And  it  shall  be  the  duty  of  all  county  officers  charged  with  the  duty 
of  collecting  taxes  to  collect  such  tax  in  time,  form,  and  manner  as 
county  taxes  are  collected,  and  when  collected  to  pay  the  same  to  the 
district  ordering  its  levy  and  collection.  Such  tax  shall  be  a  lien  on 
all  property  within  the  territory  comprising  the  district  and  of  the  same 
force  and  effect  as  other  liens  for  taxes,  and  its  collection  may  be  en- 
forced by  the  same  means  as  provided  for  the  enforcement  of  liens 
for  state  and  county  taxes.  [Amendment  approved  December  24,  1911; 
Stats.  Ex.  Sess.  1911,  p.  105.] 

Ordinances  may  be  passed  by  electors. 

§  25.  Ordinances  may  be  passed  by  the  electors  of  any  municipal 
water  district  organized  under  the  provisions  of  this  act  in  accordance 
with  the  methods  provided  by  the  general  laws  of  the  state  for  direct 
legislation  in  municipal  corporations. 

Ordinances  may  be  vetoed  by  electors. 

§  26.  Ordinances  may  be  disapproved  and  thereby  vetoed  by  the  elec- 
tors of  any  such  municipal  water  district  by  proceeding  in  accordance 
with  the  methods  provided  by  the  general  laws  of  the  state  for  protest- 
ing against  legislation  in  municipal  corporations. 

Annexation  of  additional  territory. 

§  27.  Any  portion  of  a  county  or  any  municipality,  or  both,  may 
be  added  to  any  water  district  organized  under  the  provisions  of  this 
act,  at  any  time,  upon  petition  presented  in  the  manner  herein  pro- 
vided for  the  organization  of  such  water  district,  which  petition  may 
be  granted  by  ordinance  of  the  board  of  directors  of  such  water  district. 
Such  ordinance  shall  be  submitted  for  adoption  or  rejection  to  the  vote 
of  the  electors  in  such  water  district,  and  in  the  proposed  addition, 
at  a  general  or  special  election  held  as  herein  provided,  within  seventy 
days  after  the  adoption  of  such  ordinance.  If  such  ordinance  is  ap- 
proved, the  president  and  secretary  of  the  board  of  directors  shall 
certify  that  fact  to  the  secretary  of  state  and  to  the  county  recorder 
of  the  county  or  counties  in  which  such  water  district  is  located. 
Upon  the  receipt  of  such  last-mentioned  certificate  the  secretary  of  state 
shall,  within  ten  days,  issue  his  certificate,  reciting  the  passage  of  said 
ordinance  and  the  addition  of  said  territory  to  said  district.  A  copy 
of  such  certificate  shall  be  transmitted  to  and  filed  with  the  county  clerk 
in  which  such  municipal  water  district  is  situated.  From  and  after  the 
date  of  such  certificate  the  territory  named  therein  shall  be  deemed 
added  to  and  form  a  part  of  said   municipal  water  district,  with  all  the 


Act  2390,  §§28-31  general  laws.  1596 

rights,  privileges  and  powers  set  forth  in  this  act  and  necessarily 
incident  thereto.  [Amendment  approved  December  24,  1911;  Stats.  Ex. 
Sess.  1911,  p.  106.] 

Application  to  act.     Definitions. 

§  28.  Nothing  in  this  act  shall  be  so  construed  as  repealing  or  in 
anywise  modifying  the  provisions  of  any  other  act  relating  to  water 
or  the  supply  of  water  to,  or  the  acquisition  thereof,  by  municipalities 
within  this  state.  The  term  "municipality,"  as  used  in  this  act,  shall 
include  a  consolidated  city  and  county,  city  or  town,  and  shall  be  under- 
stood and  so  construed  as  to  include,  and  is  hereby  declared  to  include, 
all  corporations  heretofore  organized  and  now  existing  and  those  here- 
after organized  for  municipal  purposes  within  such  water  districts.  In 
municipalities  in  which  there  is  no  mayor  the  duty  imposed  upon  said 
officer  by  the  provisions  of  this  act  shall  be  performed  by  the  president 
of  the  board  of  trustees  or  other  chief  executive  of  the  municipality. 
The  word  "district"  shall  apply,  unless  otherwise  expressed  or  used,  to  a 
water  district  formed  under  the  provisions  of  this  act,  and  the  word 
"board"  and  the  words  "board  of  directors"  shall  apply  to  the  board 
of  directors  of  such  district.  [Amendment  approved  December  24,  1911; 
Stats.  Ex.  Sess.  1911,  p.  106.] 

Duty  of  registrar  of  voters. 

§  29.  If  there  shall  be  a  registrar  of  voters,  other  than  the  county 
clerk,  in  any  county  or  city  and  county  in  which  any  water  district 
proposed  to  be  incorporated,  or  incorporated  under  the  provisions  of 
this  act,  is  situated,  the  duties  required  by  this  act  to  be  performed 
by  the  county  clerk  respecting  the  nomination  of  candidates  for  offices 
of  such  water  district,  and  the  holding  of  elections  in  such  water  dis- 
trict shall  be  performed  by  such  registrar  of  voters.  [New  section  ap- 
proved December  24,  1911;  Stats.  Ex.  Sess.   1911,  p.  106.] 

Continuance  of  proceeding's  under  former  act. 

§  30.  Any  and  all  proceedings  had  or  taken  under  the  provisions 
of  the  act  of  which  this  act  is  amendatory,  already  commenced  and 
pending  at  the  time  this  act  takes  effect,  may  be  continued  under  the 
provisions  of  the  act  of  which  this  act  is  amendatory  with  the  same 
force  and  effect  as  if  this  act  had  not  been  enacted.  [New  section  ap- 
proved December  24,  1911;  Stats.  Ex.  Sess.  1911,  p.  107.] 

Old  section  31  repealed  and  new  section  31  added  as  follows: 

Amendment  to  title  of  former  act. 

§  31.  The  title  of  said  act  is  hereby  amended  so  as  to  read  as  fol- 
lows: 

An  act  to  provide  for  tke  incorporation  and  organization  and  man- 
agement of  municipal  water  districts,  and  to  provide  for  the  acquisition 
or  construction  by  said  districts  of  waterworks  and   for  the  acquisition 


1597  NATIONAL  GUARD.  Acts  2390a-2425 

of  all  property  necessary  therefor,  and  also  to  provide  for  the  distribu- 
tion and  sale  of  water  bv  said  districts.  [New  section  approved  De- 
cember 24,   1911;   Stats.   Ex.  Sess.   1911,  p.   107.] 

TITLE   334a. 

NAMES. 
ACT  2390a, 

An  act  to  provide  for  the  registration  of  farm,  ranch  and  villa  names  in 

California. 
[Approved  March  1,  1911.     Stats.  1911,  p.  255.] 

Registration  of  farm,  ranch  and  villa  names, 

§  1.  Any  farm,  ranch,  or  villa  owner  in  this  state,  may  upon  the  pay- 
ment of  one  dollar  to  secretary  of  state,  have  the  name  of  his  farm, 
ranch  or  villa  duly  registered  in  a  register  which  the  secretary  of  state 
shall  keep  for  said  purpose,  and  shall  be  furnished  a  certificate,  issued 
under  seal,  and  setting  forth  the  name  and  location  of  the  farm,  ranch 
"r  villa,  and  name  of  the  owner;  provided,  that  when  any  name  shall 
i.ave  been  recorded  as  the  name  of  any  farm,  ranch  or  villa,  such  name 
shall  not  be  recorded  as  the  name  of  any  other  farm,  ranch  or  villa  in 
this  state,  except  by  prefixing  or  adding  of  designating  words  thereto. 
The  secretary  of  state  shall  register  such  name  only  for  the  pereon  en- 
titled thereto. 

§  2.  Any  person  who  shall  register  as  his  own,  any  such  name  already 
in  use  in  this  state,  knowing  such  name  to  be  adopted  as  the  name  of  a 
farm,  ranch  or  villa  therein,  or  shall  make  use  of  such  name  when  regu- 
larly registered  and  in  use  by  any  other  person  entitled  thereto  under 
the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor. 

TITLE    335, 

NAPA   CITY. 
ACT  2393a. 

Citations.     App.  8/53. 

TITLE  339. 

NATIONAL    GUARD. 

ACT  2425. 

To   provide  for  independent   and  unattached  companies   of  the  national 
guard  of  the  state  of  California,  and  to  provide  for  the  manner  of 
making  allowances  for  the  use  and  support  of  such  companies.     [Ap- 
proved March   8,   1901.     Stats.   1901,  p,  110.] 
Repealed  1911,  p.  681, 


\ 

Acts  2431b,  2433a  general  laws.  1598 

ACT  2431b. 

An  act  to  provide  for  the  partial  completion  and  partial  furnishing  of 
the  armory  for  the  national  guard  at  San  Francisco,  and  making 
an  appropriation  therefor. 

[Approved   June    7,    1913.     Stats.   1913,   p.   928.] 

Appropriation:  Partial  completion  armory,   San  Francisco. 

§  1.  The  sum  of  seven  thousand  ($7,000)  dollars,  or  so  much  thereof 
as  may  be  necessary,  is  hereby  appropriated  out  of  any  money  in  the 
state  treasury  not  otherwise  appropriated,  to  be  used  in  accordance 
with  law  for  the  partial  completion  and  partial  furnishing  of  the  armory 
for   the   national   guard   at   San   Francisco. 

§  2.  The  state  controller  is  hereby  authorized  and  directed  to  draw 
his  warrants  for  the  amount  hereby  appropriated  in  favor  of  the  officer 
or  officers  authorized  by  law  to  receive  the  same  in  such  amounts  and 
at  such  times  as  may  be  approved  by  the  state  board  of  control,  and 
tne  state  treasurer  is  directed  to  pay  the  same. 

ACT  2433a. 

An  act  providing  for  the  acquisition  of  a  site  for  an  armory  and  state 
arsenal  for  the  national  guard,  at  the  city  of  Sacramento,  California; 
providing  for  the  appointment  of  a  commission  to  select  and  ac- 
quire by  donation  said  site,  and  providing  for  the  erection  of  an 
armory  and  arsenal  on  said  site,  and  appropriating  money  therefor. 
[Approved  April  22,  1911.     Stats.  1911,  p.  1080.] 

Commission  to  select  site  for  Sacramento  armory. 

§  1.  A  commission  is  hereby  appointed  to  consist  of  four  persons 
who  shall  be  known  as  the  "commissioners  for  the  selection  and  acquisi- 
tion by  donation  of  a  site  for  and  the  erection  of  an  armory  and  state 
arsenal  for  the  national  guard,  at  Sacramento,  California,"  and  said 
commission  shall  consist  of  the  following  persons,  each  of  whom  shall  be 
and  is  hereby  appointed  as  a  member  of  said  commission,  viz.,  the  gov- 
ernor of  the  state  of  California,  who  shall  be  the  president  of  said  com- 
mission; the  secretary  of  state;  the  attorney  general  of  the  state,  and 
the  adjutant  general  of  the  state;  said  adjutant  general  shall  be  secre- 
tary of  said  commission.  Said  commissioners  shall  hold  office  until  they 
have  performed  the  duties  hereinafter  provided  for.  They  shall  receive 
no  compensation. 

Selection  of  site. 

§  2.  Immediately  after  the  appointment  of  said  commissioners  they 
shall  organize  and  proceed  to  select  and  receive  by  donation  a  site  in 
the  city  of  Sacramento,  state  of  California,  for  an  armory  and  state 
arsenal  for  the  use  of  the  national  guard.  Said  site  shall  be  of  such 
size  as  in  the  judgment  of  such  commissioners  may  be  necessary-  for  the 


1599  NATIONAL  GUARD.  Act  2433b,  §  1 

purposes  desired;   provided,  however,  that  it  shall  be  not  less  than  the 
area  of  two  full  city  lots  of  said  city. 

Deed. 

§  3.  The  deed  for  said  site  shall,  when  the  said  site  shall  be  received 
by  said  commission,  be  taken  in  the  name  of,  and  the  deed  shall  be  to 
the  state  of  California. 

Construction  of  armory. 

§  4.  Immediately  upon  obtaining  possession  of  said  site,  said  com- 
mission shall  proceed  in  accordance  with  "An  act  to  regulate  contracts 
on  behalf  of  the  state  in  relation  to  the  erection,  construction,  altera- 
tion, repair  or  improvement  of  any  state  structure,  building,  road  or 
other  state  improvement  of  any  kind"  approved  March  22d,  1909,  and 
acts  amendatory  thereof  and  supplemental  thereto,  to  have  constructed 
thereon  an  arsenal  and  armory  for  the  use  of  the  national  guard,  of  such 
size  and  arrangement  as  in  the  judgment  of  said  commission  shall  be 
deemed  best;  provided,  however,  that  said  building  must  contain  a  drill- 
room  at  least  seventy-five  wide  by  one  hundred  and  forty  feet  long, 
and  said  building  shall  also  be  used  as  a  state  arsenal.  The  expense  of 
constructing  said  building  shall, be  paid  out  of  the  sum  hereby  appropri- 
ated, upon  claims  presented  by  said  commission  to  and  allowed  by  the 
said  board  of  examiners,  and  warrants  for  such  claims,  when  allowed, 
shall  be  drawn  by  the  said  controller  payable  out  of  the  sum  hereby 
appropriated  and  shall  be  paid  by  the  state  treasurer. 

Appropriation. 

§  5.  The  sum  of  one  hundred  thousand  dollars  is  hereby  appropriated 
out  of  any  moneys  in  the  general  fund  of  the  state  treasury,  not  other- 
wise appropriated,  for  the  purposes  of  this  act.  The  commission  herein- 
above provided  for  is  hereby  authorized  to  use  any  balance  remaining 
in  said  fund,  after  the  construction  of  said  armory  and  state  arsenal 
thereon,  in  the   furnishing   of   said   armory. 

§  6.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

ACT  24331). 

An  act  to  provide  for  the  purchase  by  the  state  of  California  of  the 
armory  building  and  wharf  located  on  the  bay  of  San  Diego  and 
making  available  and  reappropriating  certain  moneys  for  the  pur- 
chase  of  said   armory   and   wharf. 

[Approved   June   14,   1913.     Stats.   1913,  p.   928.] 

Appropriation:  Purchase,  naval  reserve  armory  and  wharf,  San  Diego. 

§  1.  The  sum  of  thirty-five  hundred  dollars  now  remaining  in  the 
appropriation   made   by   chapter  364   of   the   Statutes  of   1911    (approved 


Act  24:33c,  §  1  GENERAL   LAWS.  1600 

April  5,  1911)  is  hereby  reappropriated  and  made  available,  and  is  to 
be  paid  to  the  adjutant  general  of  the  state  of  California,  ex-officio 
quartermaster  general,  to  be  expended  by  him  in  the  purchase  of  the 
armory  building  and  wharf  and  all  parts  thereof  known  as  the  naval 
reserve  armory  and  wharf,  located  on  the  bay  of  San  Diego  at  the  foot 
of  Twenty-eighth  street  of  the  city  of  San  Diego,  California,  for  the 
use  of  the  naval  militia  of  the  state  of  California. 

Conditions. 

§  2.  Before  the  payment  or  payments  are  made  for  the  said  building 
and  wharf  it  must  be  shown  to  the  quartermaster  general  that  the 
building  has  been  finishfid  in  a  workmanlike  manner,  properly  painted, 
and  electric  wired,  and  that  the  piling  of  said  wharf  has  been  con- 
creted in  a  proper  manner;  and  further,  provided,  that  the  said  city 
of  San  Diego  is  hereby  authorized  to  and  shall  re<'ede  and  convey  to 
the  state  of  California  the  tide  land  now  occupied  by  the  said  naval 
reserve  armory  and  wharf  located  on  the  bay  of  San  Diego  at  the  foot 
of  Twenty-eighth  street  of  the  city  of  San  Diego,  California,  for  the 
use  of  the  naval  militia  of  the  state  of  California;  the  said  city  re- 
serving the  rights  of  way  for  the  necessary  street  or  streets  across  said 
wharf. 

Governor  authorized  to  receive  corrveyance. 

^  3.  The  governor  of  the  state  of  California  is  hereby  authorized 
to  receive  delivery  on  behalf  of  the  state  from  the  city  of  San  Diego 
conveyance  of  the  aforesaid  tide  lands  when  made  by  the  said  city 
to    the    state    of    California. 

Controller  authorized  to  draw  warrant. 

§  4.  The  state  controller  is  hereby  authorized  and  directed  to  draw 
his  warrant  or  warrants  in  favor  of  the  person  or  persons  at  such  times 
and  in  such  sums  as  said  adjutant  general  shall  present  claims  for,  and 
the   treasurer   is   directed   to    pay   the    same. 

ACT  2433c. 

An  act  appropriating  money  to  provide  a   cash  revolving  fund   for  the 

use   of  the   adjutant  general   and   defining  its  use  and   the   liability 

therefor. 
[Approved   June    7,    1913.     Stats.    1913,    p.    890.     In    effect    immediately.] 

Appropriation.     Cash    revolving    fund,    adjutant    general.     How    drawn. 

Bond. 

§  1.  The  sum  of  three  thousand  dollars  is  hereby  appropriated  out 
of  any  money  in  the  state  treasury  not  otherwise  appropriated  to  pro- 
vide the  adjutant  general  with  a  cash  revolving  fund  to  facilitate  the 
work  of  the  adjutant  general's  department.  All  or  any  part  of  said 
money   may  be   drawn   from   the   state   treasury   without   the   submission 


1601  •  NET  CONTAINER  BILL.  Acts  2451-2453 

of  receipts,  vouchers  or  itemized  statements  and  may  be  used  by  the 
adjutant  general  in  advancing  cash  payments  for  ordnance,  equipment, 
material,  labor,  supplies  and  incidental  expenses  requiring  cash  pay- 
ments in  advance,  where  such  payments  are  necessary  for  the  proper 
conduct  of  the  business  of  the  department,  said  bills  to  be  subsequently 
paid  for  out  of  the  appropriation  against  which  they  are  a  proper 
charge,  upon  itemized  claims  accompanied  by  proper  vouchers  and  re- 
ceipts, and  the  money  returned  to  the  cash  revolving'  fund.  The  adju- 
tant general  shall  be  liable  on  his  bond  for  the  money  so  advanced  to 
him  and  may,  to  protect  himself,  require  sufficient  bond  of  the  different 
employees  under  him  in  case  it  should  be  necessary  to  delegate  any  of 
them  to  disburse  money  from  the  revolving-  fund.  The  adjutant  gen- 
eral must  account  for  the  money  herein  api)ropriated  at  any  time  upon 
demand  of  the  state  board  of  control  or  state  controller. 

Current  expenses. 

§  2,  This  act,  inasmuch  as  it  provides  for  an  appropriation  for  the 
usual  current  expenses  of  the  state,  shall,  under  the  provisions  of  sec- 
tion 1  of  article  4  of  the  constitution,  take  effect  immediately. 


TITLE  343. 

NEGLIGENCE. 


ACT  2451. 

Citations.     Cal.   159/505. 


TITLE  343a. 
NET   CONTAINER  BILL. 
ACT  2453. 

An  act  to  provide  for  the  indicating  of  the  net  quantity  of  foodstuffs 
and  stuffs  intended  to  be  used  or  prepared  for  use  as  food  for  human 
beings  when  sold  or  offered  or  exposed  for  sale  in  containers  and 
providing  penalties  for  the  violation  thereof. 

[Approved  May  24,   1913.     Stats.   1913,  p.  247.     In  effect  April  1,  1914.] 

Net  container  act. 

§  1.     This  act  shall  be  known  as  the  net  container  act. 

§  2.  This  act  is  designed  to  protect  purchasers  of  any  commodity 
within  its  provisions  against  deception  as  to  the  quantity  or  amount 
of  the  commodity  purchased,  and  as  against  the  seller  shall  be  strictly 
construed  with  a  view  to  effect  its  object. 

Applicable  to  foodstuffs. 

§  3.  The  provisions  of  this  act  apply  to  foodstuffs  and  stuffs  intended 
to  be  used  or  prepared  for  use  as  food  for  liunian  beings  and  shall  ajjply 
to  any  commodity  intended  to  be  eaten  or  drunk  by  human  beings;  pro- 

101 


•Act  2453,  §§  4-7  generai^  laws.  '  1602 

vided,  that  it  shall  not  apply  to  any  commodity  intended  so  to  be  used 
solely  for  medicinal  purposes. 

Net  quantity  plainly  marked. 

§  4.  Whenever  any  of  the  commodities  within  the  provisions  of  this 
act  are  sold,  or  offered  or  exposed  for  sale,  in  containers,  the  net  quan- 
tity of  the  contents  of  the  container  shall  be  plainly  and  conspicuously 
marked,  branded,  or  otherwise  indicated  on  the  outside  or  top  thereof 
or  on  a  label   or  tag  attached  thereto. 

Designation  of  quantity. 

§  5.  The  designation  of  the  quantity  of  the  commodity  required  by 
section  4  of  this  act  shall  be  according  to  weight,  measure  or  numerical 
count,  subject,  however,  to  the  following  provisions: 

(a)  The  designation  used  shall  be  such  as  is  most  feasible  and  suit- 
able to  the  character  of  the  commodity,  or,  if  there  is  a  trade  custom 
as  to  the  measure  of  the  quantity  of'  the  commodity,  the  designation 
shall  be  in  accordance  with  the  custom. 

(b)  If  the  designation  is  by  weight,  it  shall  be  in  terms  of  pounds, 
ounces,  or  fractions  of  either,  avoirdupois,  standard  of  this  state. 

(c)  If  the  designation  is  by  liquid  measure,  it  shall  be  in  terms  of 
gallons,  quarts,  pints  or  fractions  of  any  of  said  units,  standard  of  this 
state  for  liquid  measure. 

(d)  If  the  designation  is  by  solid  measure,  it  shall  be  in  terms  of 
bushels,  pecks,  or  quarts,  or  fractions  of  any  of  said  units,  standard  of 

■  this  state  for  solid  measure. 

(e)  If  the  designation  is  by  numerical  count,  it  shall  be  in  English 
words  or  Arabic  numerals. 

The  words  "net  contents"  or  the  words  "net  weight"  or  the  words 
"net  measure"  or  the  words  "net  count"  shall  appear  with  and  as  a  part 
of  the  designation  of  the  quantity  of  the  commodity  as  required  by  the 
provisions  of  this  act. 

Act  not  applicable. 

§  6.     The  provisions  of  this  act  shall  not  apply: 

(a)  To  any  sale  of  a  commodity  within  the  provisions  of  this  act  when 
such  sale  is  made  from  bulk  and  the  quantity  is  weighed,  measured, 
or  counted  for  the  immediate  purpose  of  such  sale. 

(b)  To  a  sale  of  any  container  of  an  ornamental  or  symbolic  character 
with  which  a  quantity  of  some  commodity  is  sold  as  merely  incidental. 

(c)  To  a  sale  of  a  commodity  in  a  quantity  that  is  sold  for  less  than 
eleven  cents,  at  retail. 

Violation  defined. 

§  7.  It  shall  not  be  held  to  be  a  violation  of  the  provisions  of  this 
act  when  a  commodity  in  a  container  is  sold,  or  offered  or  exposed  for 
sale,  and  there  is  a  discrepancy  between  the  actual  quantity  of  the  com- 
modity in  said  container  and  the   net   quantity   of  the  contents   thereof 


1603  *  NOTICES.  Act  2503 

indicated  on  the  container  as  herein  prescribed,  provided  such  dis- 
crepancy is  due  to  unavoidable  leakage,  shrinkage,  evaporation,  waste, 
or  causes  beyond  the  control  of  the  seller  acting  in  good  faith. 

No  violation. 

§  8.  It  shall  not  be  held  to  be  a  violation  of  the  provisions  of  this 
act  when  a  commodity  in  a  container  is  sold,  or  offered  or  exposed  for 
sale,  and  there  is  a  discrepancy  between  the  actual  quantity  of  the  com- 
modity is  said  container  and  the  net  quantity  of  thd  contents  thereof 
indicated  on  the  container  as  herein  prescribed;  provided,  that  the  seller 
purchased  said  commodity  in  said  container,  in  good  faith  relying  upon 
the  said  indication  of  the  net  contents  thereof,  and  sold  said  commodity 
in  said  container  without  altering  the  contents  thereof  or  the  indication 
of  the  contents  thereof;  and  provided,  further,  that  the  exemption  of  this 
section  shall  not  apply  to  any  sale  unless  the  container  had  the  name 
of  a  packer,  manufacturer,  wholesaler,  or  jobber  thereon  at  the  time  the 
seller  purchased  it. 

'Terson." 

§  9.  The  term  "person"  used  in  this  act  shall  include  every  person, 
firm,  company,  copartnership,  society,  association  and  corporation. 

"Container." 

§  10.  The  term  "container"  used  in  this  act  is  hereby  defined  to  be 
any  receptacle  into  which  a  commodity  is  packed  or  put  for  sale  or  to 
be  offered  or  exposed  for  sale. 

Penalty. 

§  11.  Every  person,  who  by  himself  or  his  agent,  servant  or  employee 
violates  or  causes  or  permits  to  be  violated,  any  of  the  provisions  of  this 
act  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall  be 
punished  by  a  fine  of  not  less  than  twenty-five  dollars  nor  more  than  five 
hundred  dollars,  or  shall  be  imprisoned  in  the  county  jail  for  a  term  not 
exceeding  six  months,  or  by  both  such  fine  and  imprisonment. 

In  effect. 

§  12.     This  act  shall  be  in  force  and  effect  from  and  after  April  1,  1914. 

TITLE  351a. 

NOTICES. 
ACT  2503. 

An  act  relating  to  the  advertising  and  publication  of  notices,  publications 
and  advertisements  by  state  officers,  boards,  commissions,  bureaus 
and  departments,  directing  that  all  notices,  advertisements  and  publi- 
cations when  prepared  be  delivered  to  the  state  board  of  control  and 
vesting  in  the  state  board  of  control  the  exclusive  charge,  control, 
supervision,    direction,    designation,    management   and   regulation    of 


Act  2508a  general  laws.  *  1604 

the  giving,  advertising,  noticing  and  publication  of  all  advertise- 
ments, publications  and  notices  to  be  inserted  in  newspapers  or  other 
mediums,  revoking  all  such  authority  heretofore  given  to  any  state 
officer,  board,  commission,  bureau  or  department,  and  repealing  all 
acts  and  parts  of  acts  in  conflict  herewith. 

[Approved  December  18,  1911.     Stats.  Ex.  Sess.  1911,  p.  11.] 

Advertisements  by  state  officers  or  departments.  State  board  of  control 
to  have  supervision  and  management.  Revocation  of  previous  au- 
thority. 
§  1.  Whenever  under  the  laws  of  the  state  of  California  it  is  now, 
or  may  hereafter  be,  the  duty  of  any  state  officer,  board,  commission, 
bureau  or  department  to  prepare  any  notice,  advertisement  or  publi- 
cation, authorized  or  directed  by  law  to  be  prepared,  advertised,  pub- 
lished, noticed  or  inserted  in  any  newspaper  or  other  medium,  the  said 
state  officer,  board,  commission,  bureau  or  department  shall  as  now  au- 
thorized or  directed  by  law,  or  as  may  hereafter  be  authorized  or  directed 
by  law,  properly  prepare,  in  all  respects  and  in  due  form  and  within  due 
time,  in  order  to  accomplish  the  purposes  thereby  intended,  the  said 
notice,  advertisement  or  publication.  When  said  notice,  advertisement 
or  publication  shall  have  been  so  properly  prepared  it  shall  thereupon  be 
the  duty  of  said  state  officer,  board,  commission,  bureau  or  department  to 
deliver  the  same  to  the  state  board  of  control  of  the  state  of  California. 
Thereupon  the  said  state  board  of  control  of  the  state  of  California  after 
having  approved  the  said  notice,  advertisement  or  publication,  shall 
cause  the  same  to  be  advertised,  published  or  noticed  in  such  newspaper 
or  newspapers  or  other  medium  as  may  be  now  or  hereafter  required  by 
law,  and  said  state  board  of  control  shall  have  the  sole  and  exclusive 
charge,  control,  supervision,  direction,  designation,  management  and  reg- 
ulation of  the  giving,  advertising,  noticing  and  publication  of  any  and 
all  such  advertisements,  publications,  and  notices.  Any  and  all  author- 
ity heretofore  given  by  law  to  any  state  officer,  board,  commission, 
bureau  or  department  for  the  advertising,  noticing  or  publication,  of  any 
and  all  advertisements,  publications  or  notices  in  newspapers  or  other 
mediums  or  for  the  insertion  of  the  same  in  newspapers  or  other  mediums, 
is  hereby  expressly  revoked  and  such  authority  is  hereby  vested  exclu- 
sively in  the  state  board  of  control  and  shall  be  assumed,  performed  and 
exercised  by  said  state  board  of  control. 

§  2.     All  acts  and  parts  of  acts  in  conflict  with  or  inconsistent  with 
this  act  are  hereby  repealed. 

TITLE   355. 
NURSING. 
ACT  2508a. 

Any  act  to  promote  the  better  education  of  practitioners  of  nursing  the 
sick  in  the  state  of  California,  to  provide  for  the  issuance  of  certifi- 
cates of  registration  as  a  registered  nurse  to  qualified  applicants  by 


i 


1605  NURSING.  Act  2508b,  §§  1,2 

the  board  of  regents  of  the  University  of  California,  and  to  provide 
penalties  for  violation  thereof.  [Approved  March  20,  1905;  Stats. 
1905,  p.  533.] 

The  title  of  the  act  of  1913,  page  613,  purported  to  repeal   this  act,   but   the 
body  of  the  act  said  nothing  as  to  its  repeal.      See  next  act. 

ACT  2508b. 

An  act  to  promote  the  better  education  of  nurses  and  the  better  care  of 
the  sick  in  the  state  of  California,  to  provide  for  and  regulate  the 
examination  and  registration  of  graduate  nurses,  and  to  provide 
for  the  issuance  of  certificates  of  registration  as  registered  nurses 
to  qualified  applicants  by  the  state  board  of  health,  and  to  repeal 
an  act  approved  March  20,  1905,  entitled,  "An  act  to  promote  the 
better  education  of  the  practice  of  nursing  the  sick  in  the  state  of 
California,  to  provide  for  the  issuance  of  certificates  of  registration 
as  a  registered  nurse,  to  qualified  applicants  of  the  board  of  regents 
of  the  University  of  California,  and  to  provide  penalties  for  vio- 
lation thereof." 

[Approved  June  12,  1913.     Stats.  1913,  p.  613.] 

Regristration  of  graduate  nurses.    Director's  duties.     Annual  report. 

§  1.  Within  thirty  days  after  this  act  takes  effect  the  state  board  of 
health  shall  establish  and  maintain  a  department  of  examination  and 
registration  of  graduate  nurses,  as  hereinafter  provided.  The  state 
board  of  health  shall  appoint  a  director,  whose  salary  shall  be  fixed  by 
the  board,  and  said  director  shall  have  been  graduated  from  an  ac- 
credited training  school  for  nurses,  as  defined  in  this  act,  and  shall 
be  duly  registered  under  the  provisions  of  this  act.  Said  director 
shall  perform  all  duties  required  by  this  act,  and  such  other  duties  as 
may  be  required  by  the  state  board  of  health,  in  order  to  carry  out  the 
objects  and  purposes  of  this  act.  Lists  of  accredited  training  schools 
for  nurses  and  a  register  of  the  names  of  all  nurses  duly  registered  under 
this  act  shall  be  prepared  and  kept  by  the  department.  An  annual  report 
shall  be  prepared  and  filed  before  January  first  of  each  year. 

Meetings  of  board.     Examination  fee. 

§  2.  It  shall  be  the  duty  of  said  board  to  meet  regularly  once  in  every 
six  months  for  the  purpose  of  holding  examinations  under  the  provisions 
of  this  act.  Public  notice  of  such  meetings  shall  be  given  by  publishing 
the  same  at  least  two  weeks  prior  to  the  date  of  each  meeting  in  two 
pajiers  of  general  circulation,  and  in  one  nursing  journal.  Upon  filing 
application  for  examination  each  applicant  shall  pay  an  examination  fee 
of  ten  dollars,  which  shall  in  no  case  be  returned  to  the  applicant.  No 
further  fee  shall  be  required  for  registration.  At  such  meetings  it  shall 
be  the  duty  of  the  board  to  examine  all  such  applicants  for  registration 
under  this  act  and  to  issue  to  each  duly  qualified  applicant  who  shall 
have   complied   with   the  requisite   provisions   of   this   act   and   who   shall 


Act  2508b,  §§  3-9  general  laws.  1606 

have  passed  a  satisfactory  examination,  a  certificate  provided  fo  t  in  this 
act. 

Registration  without  examination. 

§  3.  All  applicants  for  registration  shall  be  registered  without  ex- 
amination; provided,  they  make  application  prior  to  July  1,  1914,  and 
have  graduated  before  said  date  from  a  reputable  training  school  con- 
nected with  a  general  hospital. 

Registration  after  July  1,  1914. 

§  4.  On  and  after  July  1,  1914,  no  person  shall  be  eligible  for  ex- 
amination or  for  registration  as  a  registered  nurse  who  shall  not  furnish 
satisfactory  evidence  of  having  been  graduated  from  an  accredited  train- 
ing school  for  nurses.  An  accredited  training  school  for  nurses  within 
the  meaning  of  this  act  is  hereby  defined  to  be  a  school  for  the  training 
of  nurses  attached  to  or  operated  in  connection  with  a  hospital  or  hospi- 
tals giWng  a  general  training  and  a  systematic  theoretical  and  practical 
course  of  instruction  covering  a  period  of  at  least  three  years.  All  ap- 
plicants for  examination  must  furnish  satisfactory  evidence  of  good 
moral  character,  and  of  having  complied  with  the  provisions  of  this  act 
relative  to  qualifying. 

Registered  nurse. 

§  5.  A  nurse  who  has  received  his  or  her  certificate  according  to  the 
provisions  of  this  act,  shall  be  styled  and  known  as  a  registered  nurse, 
and  shall  be  entitled  to  place  the  initials  "K.  N."  after  his  or  her  name. 

Nursing  by  friends  not  affected. 

§  6.  This  act  shall  not  be  construed  to  affect  or  apply  to  the  gratuitous 
nursing  of  the  sick  by  friends  or  members  of  the  family,  or  to  any  person 
nursing  the  sick  for  hire  who  does  not  in  any  way  assume  to  be,  or 
practice  as  a  registered  nurse. 

Unlawful  to  pretend  to  be  "R.  N." 

§  7.  It  shall  be  unlawful  for  any  person  not  holding  a  certificate  of 
registration  issued  by  the  state  board  of  health  to  use  the  title  "regis- 
tered nurse"  or  the  letters  "R.  N.,"  in  connection  with,  or  following  his 
or  her  name,  or  to  impersonate  in  any  manner,  or  pretend  to  be,  a 
"registered  nurse." 

Registration  of  nurses  from  other  states. 

§  8.  The  board,  upon  written  application,  and  upon  the  receipt  of 
ten  dollars  as  registration  fee,  shall  issue  a  certificate  of  registration 
without  examination  to  any  applicant  who  has  been  duly  registered,  as 
a  registered  nurse  under  the  laws  of  another  state  or  foreign  country 
having  requirements  equivalent  to  those  provided  for  by  this  act. 

Revocation  of  certificate. 

§  9.  The  board  shall  have  the  power  to  revoke  any  certificate  of 
registration  for  dishonesty,  intemperance,  immorality,  unprofessional  con- 


1607  OAKLAND.  Acts  2509-2510b 

duct,  or  any  habit  rendering  a  nurse  unfit  or  unsafe  to  care  for  the  sick, 
after  a  full  and  fair  investigation  of  the  charges  preferred  against  the 
accused. 

Penalty. 

§  10.  Any  person  violating  any  of  the  provisions  of  this  act  shall 
be  guilty  of  a  misdemeanor,  and  shall  upon  conviction  be  fined  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars  for  the  first  offense 
and  not  less  than  fifty  dollars  nor  more  than  five  hundred  dollars  for 
each  subsequent  offense. 

Monthly  report  of  receipts. 

§  11.  Within  ten  days  after  the  beginning  of  each  month  the  secretary 
of  the  state  board  of  health  shall  report  to  the  controller  the  amount  and 
source  of  all  collections  made  under  the  provisions  of  this  act,  and  at 
the  same  time  all  such  amounts  shall  be  paid  into  the  state  treasury 
and  shall  be  placed  to  the  credit  of  the  special  fund  to  be  known  as  the 
fund  for  examination  and  registration  of  nurses.  All  amounts  paid  into 
this  fund  shall  be  held  subject  to  the  order  of  the  state  board  of  health, 
to  be  used  only  for  the  purpose  of  meeting  necessary  expenses  in  the  per- 
formance of  the  special  duties  imposed  by  this  act.  Claims  against  the 
fund  shall  be  audited  by  the  state  board  of  health  and  by  the  board  of 
control  and  shall  be  paid  by  the  state  treasurer  upon  warrants  drawn 
by  the  state  controller. 

TITLE  356, 
OAKLAND. 
ACT  2509 

'  Charter  of  Oakland.     [Stats.  1889,  p.  513.] 

Amended  1895,  p.  353;   1907,  p.  1349;   1909,  p.  1320;   1911,  p.  1551. 
Citations.      Cal.  158/456;  160/433;   (§149)   160/433.       App.  19/492;    (§§73, 
195,    199,    201-204)    19/492. 

ACT  2510. 

Former  statutes  relating  to  the  incorporation  of  Oakland,  viz.:  Stats.  1852, 
p.  180;  1854,  p.  187  (Kerr's  ed.,  p.  46);  1862,  p.  337,  were  cited  in  162  Cal. 
87,   89,   90. 

ACT  2510a. 

An  act  to  enable  the  citv  of  Oakland  to  settle  its  controversies.     [Stats. 

1867-68,   p.    222.] 

Citations.      Cal.  162/677,   680,  681,  684. 

It  was  under  this  act  that  the  city  entered  into  its  compromise  with  Car- 
pentier. 

ACT  2510b. 

An  act  establishing  a  police  court  in.     [Stats.  1865-66,  p.  193.] 
Citations.      App.  19/658. 


Acts  2524, 2533       general  laws.  1608 

ACT  2524. 

Citations.      Cal.  162/90,  91. 

ACT  2533. 

An  act  granting  certain  lands  and  salt  marsh  and  tide  lands  of  the  state 
of  California,  including  the  right  to  wharf  out  therefrom  to  the 
city  of  Oakland,  and  regulating  the  management,  use  and  control 
thereof. 

[Approved  May  1,  1911.     Stats.  1911,  p.  1254.] 

Marsh  and  tide  lands  granted  to  Oakland.  Purposes  for  which  lands 
may  be  used.  Belt  line  railroad.  Rights  of  persons  in  possession. 
Discrimination  in  rates.     Right  to  fish. 

§  1.  There  is  hereby  granted  to  the  city  of  Oakland,  a  municipal 
corporation  of  the  state  of  California,  and  to  its  successors,  all  the 
right,  title  and  interest  of  the  state  of  California  held  by  said  state  by 
virtue  of  its  sovereignty  in  and  to  all  the  salt  marsh  and  tide  lands  in 
the  present  city  of  Oakland,  lying  and  being  southerly  from  the  southern 
line  of  East  Fourteenth  street  in  said  city  of  Oakland,  and  easterly  from 
the  eastern  limits  of  the  former  town  of  Oakland  (as  said  easterly  limits 
of  said  town  are  described  in  the  act  of  the  legislature  of  the  state  of 
California,  entitled  "An  act  to  incorporate  the  town  of  Oakland  and  to 
provide  for  the  construction  of  wharves  thereat,"  approved  May  4,  1852, 
and  as  said  eastern  limits  of  said  town  are  determined  and  defined  hx  the 
supreme  court  of  the  state  of  California,  in  the  action  entitled  "City  of 
Oakland  versus  Oakland  Water  Front  Company,"  decided  by  said  court 
September  13,  1897),  and  the  right  to  wharf  out  therefrom,  to  be  forever 
held  by  said  city  and  by  its  successors  in  trust  for  the  uses  and  pur- 
poses and  upon  the  expressed  conditions  following,  to  wit: 

That  said  lands  shall  be  used  by  said  city  and  its  successors,  only  for 
the  establishment,  improvement  and  conduct  of  a  harbor,  and  for  the 
construction,  maintenance  and  operation  thereon  of  wharves,  docks, 
piers,  slips,  quays  and  other  utilities,  structures  and  appliances  necessary 
or  convenient  for  the  promotion  and  accommodation  of  commerce  and 
navigation,  and  said  city,  or  its  successors,  shall  not,  at  any  time,  grant, 
convey,  give  or  alien  said  lands,  or  any  part  thereof,  to  any  individual, 
firm  or  corporation  for  any  purposes  whatever;  provided,  that  said  city, 
or  its  successors,  may  grant  franchises  thereon,  for  limited  periods,  for 
wharves  and  otiier  public  uses  and  purposes,  and  may  lease  said  lands, 
or  any  part  thereof,  for  limited  periods,  for  purposes  consistent  with  the 
trusts  upon  which  said  lands  are  held  by  the  state  of  California,  and 
with  the  requirements  of  commerce  or  navigation  at  said  harbor,  for  a 
term  not  exceeding  twenty-five  years,  and  on  such  other  terms  and  con- 
ditions as  said  city  may  determine,  including  a  right  to  renew  such  lease 
or  leases  for  a  further  term  not  exceeding  twenty-five  years  or  to 
terminate  the  same  on  such  terms,  reservations  and  conditions  as  may 
be  stipulated  in  such  lease  or  leases,  and  said  lease  or  leases  may  be  for 


1609  OAKLAND.  Act  2533,  §  1 

any  and  all  purposes  wliich  shall  not  interfere  with  navigation  or  com- 
merce, with  reversion  to  the  said  city  on  the  termination  of  such  lease 
or  leases  of  any  and  all  improvements  thereon,  and  on  such  other  terms 
and  conditions  as  the  said  city  may  determine,  but  for  no  purpose  which 
will  interfere  with  navigation  or  commerce;  subject  also  to  a  reserva- 
tion in  air  such  leases  or  such  wharfing  out  privileges  of  a  street,  or  of 
such  other  reservation  as  the  said  city  may  determine  for  a  belt  line 
railroad,  where  the  same  may  be  deemed  necessary  by  the  said  city; 
and  such  other  reservations  as  the  city  may  require,  and  for  sewer  out- 
lets, and  for  gas  and  oil  mains,  and  for  hydrants,  and  for  electric  cables 
and  wires,  and  for  such  other  conduits  for  municipal  purposes,  and  for 
such  public  and  municipal  purposes  and  uses  as  may  be  deemed  necessary 
by  the  said  city,  provided,  however,  that  each  person,  firm  or  corpora- 
tion or  their  heirs,  successors  or  assigns  now  in  possession  of  land  or 
lands  abutting  on  said  lands,  within  the  boundaries  of  the  city  of  Oak- 
land, lying  and  being  southerly  from  the  southern  line  of  East  Four- 
teenth street  in  said  city  of  Oakland  and  easterly  from  the  eastern  limits 
of  the  former  town  of  Oakland  as  hereinbefore  firstly  described,  and 
lying  and  being  westerly  from  the  eastern  boundary  line  of  the  city  of 
Oakland  as  it  existed  in  A.  D.  1P08,  shall  have  a  right  to  obtain  a  lease 
for  a  term  of  twenty-five  years  from  said  city  of  saicj  land,  and  wharfing 
out  privileges  therefrom  with  a  right  of  renewal  for  a  further  term  of 
twenty-five  years  pursuant  to  the  provisions  of  this  act  and  on  such 
terms  and  conditions  as  said  city  may  determine  and  specify,  subject  to 
the  right  of  said  city  to  terminate  said  lease  at  the  end  of  the  first 
twenty-five  years  or  refuse  to  renew  the  same,  or  to  terminate  the  lease 
so  renewed  during  the  term  of  such  renewed  lease  on  such  just  and 
reasonable  terms  for  compensation  for  improvements  at  the  then  value 
of  said  improvements  as  said  city  may  determine  and  specify. 

Upon  obtaining  such  lease  and  wharfing  out  privileges  such  person, 
firm  or  corporation,  their  heirs  or  assigns,  shall  quitclaim  to  said  city 
any  right  they  or  any  of  them  may  claim  or  have  to  the  said  lands  hereby 
granted. 

This  grant  shall  carry  the  right  to  such  city  of  the  rents,  issues  and 
profits  in  any  manner  hereafter  arising  from  the  lands  or  wharfing  out 
privileges  hereby  granted. 

The  state  of  California  shall  have,  at  all  times,  the  right  to  use,  with- 
out charge,  all  wharves,  docks,  piers,  slips,  quays  and  other  improvements 
constructed  on  said  lands  or  any  part  thereof,  for  any  vessel  or  other 
water  craft,   or  railroad,  owned   or  operated  by  the   stfeite  of   California. 

No  discrimination  in  rates,  tolls  or  charges  or  in  facilities  for  auy  use 
or  service  in  connection  therewith  shall  ever  be  made,  authorized  or 
permitted  by  said  city  or  its  successors  in  the  management,  conduct  or 
operation  of  any  of  the  utilities,  structures  or  ajipliances  mentioned  in 
this  section.  There  is  hereby  reserved  in  the  people  of  the  state  of 
California  the  right  to  fish  in"  the  waters  on  which  said  lands  may  front 


Act  2534,  §  1  GENERAL  LAWS.  1610 

with  the  right  of  convenient  access  to  said  waters  over  said  lands  for 
Bald  purpose. 

§  2.     This  act  shall  take  effect  immediately. 

ACT  2534. 

An  act  granting  certain  tide  lands  and  submerged  lands  of  the  state  of 

California  to  the   city  of  Oakland  and  regulating  the  management, 

use  and  control  thereof. 

[Approved   May   1,   1911.     Stats.   1911,  p.   1258.] 

Tide  lands  granted  to  Oakland.  Purposes  for  which  lands  may  be  used. 
Improvement  without  expense  to  state.  Discrimination  in  rates. 
Right  to  fish. 

§  1.  There  is  hereby  granted  to  the  city  of  Oakland,  a  municipal  cor- 
poration of  the  state  of  California,  and  to  its  successors,  all  the  right, 
title  and  interest  of  the  state  of  California  held  by  said  state  by  virtue 
of  its  sovereignty  in  and  to  all  tide  lands  and  submerged  lands  whether 
filled  or  unfilled,  which  are  included  within  that  portion  of  the  city  of 
Oakland  that  lies  westerly  of  the  western  line  of  Pine  street,  as  Pine 
street  exists  between  Atlantic  street  and  Goss  street  and  as  shown  upon 
that  certain  map  entitled  'Map  of  land  on  Oakland  point  (railroad  ferry 
landing)  city  of  Oakland,  tract  406,"  filed  May  24,  1863,  in  book  of  maps 
5,  page  33,  records  of  Alameda  countj',  and  said  western  line  of  Pine 
street  produced  northerly  and  southerly,  excepting,  however,  from  said 
tide  lands  and  submerged  lands  such  of  said  lands  as  lie  northerly  of 
the  northern  boundary  line  of  the  city  of  Oakland,  and  the  western  ex- 
tension thereof,  as  said  northern  boundary  line  was  established  by  an 
act  of  the  legislature  of  the  state  of  California,  entitled,  "An  act  to 
amend  an  act  entitled  'An  act  to  incorporate  the  city  of  Oakland,'  passed 
March  twenty-fifth,  1854,  and  repealing  certain  other  acts  in  relation  to 
said  city,"  approved  April  24,  1862,  to  be  forever  held  by  said  city  and 
by  its  successors  in  trust  for  the  use  and  purposes  and  upon  the  expressed 
conditions  following,  to  wit: 

(a)  That  said  lands  shall  be  used  by  said  city  and  its  successors,  only 
for  the  establishment,  improvement  and  conduct  of  a  harbor,  and  for 
the  construction,  maintenance  and  operation  thereon  of  wharves,  docks, 
piers,  slips,  quays  and  other  utilities,  structures  and  appliances  necessary 
or  convenient  for  the  promotion  and  accommodation  of  commerce  and 
navigation,  and  said  city,  or  its  successors  shall  not,  at  any  time,  grant, 
convey,  give  or  alien  said  lands,  or  any  part  thereof,  to  any  individual, 
firm  or  corporation  for  any  purposes  whatever;  provided,  that  said  city, 
or  its  successors,  may  grant  franchises  thereon  for  limited  periods,  for 
wharves  and  other  public  uses  and  purposes,  and  may  lease  said  lands  or 
any  part  thereof,  for  limited  periods,  for  purposes  consistent  with  the 
trusts  upon  which  said  lands  are  held  by  the  state  of  California,  and 
with    the   requirements    of    commerce    or    navigation    at    said   harbor. 


1611  OFFICERS.  Act  2554,  §  1 

(b)  That  said  harbor  shall  be  improved  by  said  city  without  expense 
to  the  state,  and  shall  always  remain  a  public  harbor  for  all  purposes 
of  commerce  and  navigation,  and  the  state  of  California  shall  have,  at  all 
times,  the  right  to  use,  without  charge,  all  wharves,  docks,  piers,  slips, 
quays  and  other  improvements  constructed  on  said  lands,  or  any  part 
thereof,  for  any  vessel  or  other  water  craft,  or  railroad,  owned  or  oper- 
nted  by  the  state  of  California. 

(c)  That  in  the  management,  conduct  or  operation  of  said  harbor,  or 
of  any  of  the  utilities,  structures  or  appliances  mentioned  in  para- 
graph (a),  no  discrimination  in  rates,  tolls,  or  charges  or  in  facilities  for 
any  use  or  service  in  connection  therewith  shall  ever  be  made,  author- 
ized  or  permitted  by  said  city  or  its  successors. 

(d)  There  is  hereby  reserved,  however,  in  the  people  of  the  state  of 
California  the  absolute  right  to  fish  in  the  waters  of  said  harbor,  with 
the  right  of  convenient  access  to  said  waters  over  said  land  for  said 
purpose. 

§  2.     This  act  shall  take  effect  immediately. 

TITLE  358. 

OFFICERS. 
ACT  2554. 

An  act  relating  to  the  liability  of  public  oflScers  for  damages  resulting 
from  defects  and  dangers  in  streets,  highways,  public  buildings,  pub- 
lic work  or  property. 

[Approved  April  26,  1911.     Stats.  1911,  p.  1115.] 

Wlien  officers  are  not  liable  for  damages  resulting  from  defects  in  streets 
etc.  Damages  to  be  paid  from  road  fund,  etc. 
§  1.  If,  in  consequence  of  the  dangerous  or  defective  condition  of 
any  street,  highway,  public  building,  public  work  or  property,  any  per- 
son shall  suffer  injury  to  his  person  or  property,  no  officer  who  has 
charge  of  or  whose  duty  it  is  to  care  for  or  repair,  any  street,  highway, 
public  building,  public  work  or  property,  shall  be  liable  for  any  injury 
to  person  or  property  arising  from  the  dangerous  or  defective  condition 
thereof  or  failure  to  repair  the  same,  unless  such  office  shall  have  had 
actual  notice  of  such  defective  or  dangerous  condition  and  shall  have 
failed  for  a  reasonable  time  after  such  actual  notice  to  repair  the  same; 
provided,  that  such  officer  had  authority  to  remedy  such  condition,  or  to 
make  such  repair  at  the  expense  of  the  state,  or  a  political  subdivision 
thereof,  and  funds  were  available  for  that  purpose;  and  provided  further 
that  it  shall  further  appear  that  such  damage  or  injury  was  sustained 
while  said  street,  highway,  public  building,  public  work,  or  property  was 
being  carefully  used  and  that  due  care  was  exercised  to  avoid  such 
danger,  but  in  all  such  cases  damage  may  be  recovered  against  the 
county,  city,  or  city  and  county  as  in  ordinary  actions  for  damages,  and 


Act  2555,  §1  GENER.VL   LA>YS.  1612 

in  cases  of  judgment  recovered  against  the  county  the^  amount  thereof 
and  cost  shall  be  paid  out  of  the  road  district  fund  of  the  district  where 
the  accident  occurred,  and  in  all  other  cases  the  judgment  must  be  paid 
out  of  the  general  fund  of  such  county,  city,  or  city  and  county. 

ACT  2555. 

An  act  to  provide  for  the  recall  of  elective  officers  of  incorporated  cities 

and  towns. 
[Approved  January  2,   1912.     Stats.   Ex.   Sess.   1911,  p.   128.] 

Petition    for    removaL     Examination   by    clerk.     Supplemental    petition. 
Election.     Nominations.     Successor    to    officer    removed. 

§  1.  The  holder  of  any  elective  office  of  any  incorporated  city  or 
town  may  be  removed  or  recalled  at  any  time  by  the  electors;  provided, 
he  has  held  his  office  at  least  six  months.  The  provisions  of  this  statute 
are  intended  to  apply  to  officials  now  in  office,  as  well  as  to  those  here- 
after elected.  The  procedure  to  effect  such  removal  or  recall  shall  be 
as  follows:  A  petition  demanding  the  election  of  a  successor  to  the 
person  sought  to  be  removed  shall  be  filed  with  the  clerk  of  the  legisla- 
tive body  of  such  city  or  town,  which  petition  shall  be  signed  by  qual- 
ified voters  equal  in  number  to  at  least  twenty-five  per  cent  of  the  en- 
tire vote  cast  within  such  city  or  town  for  all  candidates  for  the  office 
which  the  incumbent  sought  to  be  removed  occupies,  at  the  last  preced- 
ing regular  municipal  election  at  which  such  officer  was  voted  for  (or 
a  like  percentage  of  such  vote  within  those  precincts  of  the  city  or 
town  embraced  within  the  ward  or  subdivision  of  the  city  or  town  en- 
titled to  vote  for  a  successor  to  the  officer  named,  in  case  of  an  offi- 
cial not  elected  by  the  city  or  town  at  large),  and  shall  contain  a  state- 
ment of  the  grounds  on  which  the  removal  or  recall  is  sought,  which 
statement  is  intended  solely  for  the  information  of  the  electors.  Any 
insufficiency  of  form  or  substance  in  such  statement  shall  in  nowise  affect 
the  validity  of  the  election  and  proceedings  held  thereunder.  The  sig- 
natures to  the  petition  need  not  all  be  appended  to  one  paper.  Each 
signer  shall  add  to  his  signature  his  place  of  residence  and  occupation, 
giving  street  and  number,  where  such  street  and  number,  or  either,  exist, 
and  if  no  street  or  number  exist,  then  such  a  designation  of  the  place 
of  residence  as  will  enable  the  location  to  be  readily  ascertained.  Each 
such  separate  paper  shall  have  attached  thereto  an  affidavit  made  by  a 
qualified  elector  of  the  city  or  town  (or  particular  subdivision  thereof 
as  the  case  may  be)  and  sworn  to  before  an  officer  competent  to  admin- 
ister oaths,  stating  that  the  affiant  circulated  that  particular  paper  and 
saw  written  the  signatures  appended  thereto;  and  that  according  to  the 
best  information  and  belief  of  the  affiant,  each  is  the  genuine  signature 
ot  the  person  whose  name  purports  to  be  thereunto  subscribed,  and  of 
a  qualified  elector  of  the  city  or  town  (or  particular  subdivision  thereof). 
Within  ten  days  from  the  date  of  filing  such  petition,  the  clerk  shall  ex- 
amine and  from  the  records  of  registration  ascertain  whether  or  not  said 


1633  OFFICERS.  Act  2555,  §1 

jietition  is  signed  by  the  requisite  number  of  qualified  voters,  and  he 
shall  attach  to  said  petition  his  certificate  showing  the  result  of  said 
examination.  If  by  the  clerk's  certificate  the  petition  is  shown  to  be 
insufficient,  it  may  be  supplemented  within  ten  days  from  the  date  of 
such  certificate,  by  the  filing  of  additional  papers,  duplicates  of  the 
original  petition  except  as  to  the  names  signed.  The  clerk  shall,  within 
ten  days  after  such  supplementing  papers  are  filed,  make  like  examina- 
tion of  the  supplementing  petition,  and  if  his  certificate  shall  show  that 
all  the  names  to  such  petition,  including  the  supplemental  papers,  are 
still' insufficient,  no  action  shall  be  taken  thereon;  but  the  petition  shall 
remain  on  file  as  a  public  record;  and  the  failure  to  secure  sufficient 
names  shall  be  without  prejudice  to  the  filing  later  of  an  entirely  new 
petition  to  the  same  effect.  If  required  by  the  clerk,  the  legislative 
body  of  said  city  or  town,  shall  authorize  him  to  employ,  and  shall  pro- 
vide for  the  compensation  to  be  paid,  persons  necessary  in  the  examina- 
tion of  said  petition  and  supplementing  petition,  all  in  addition  to  the 
persons  regularly  employed  by  him  in  his  office.  In  case  the  clerk  is  the 
officer  sought  to  be  recalle'd,  the  duties  herein  provided  to  be  performed 
by  him  shall  be  performed  by  some  other  person  designated  by  said  legis- 
lative body  for  that  purpose.  If  the  petition  shall  be  found  to  be  suffi- 
cient, the  clerk  shall  submit  the  same  to  the  legislative  body  of  the  city 
or  town  without  delay,  whereupon,  that  body  shall  forthwith  cause  a 
special  election  to  be  held  within  not  less  than  thirty-five  nor  more  than 
forty  days  after  the  date  of  the  order  calling  such  election,  to  determine 
whether  the  voters  will  recall  such  officer;  provided,  that  if  a  regular 
municipal  election  is  to  occur  within  sixty  days  from  the  date  of  the 
order  calling  such  election,  the  legislative  body  of  the  city  or  town  may, 
in  its  discretion,  postpone  the  holding  of  such  election  to  such  regular 
municipal  election  or  submit  such  recall  election  at  any  such  election  oc- 
cilrring  not  less  than  thirfy-five  days  after  such  order.  If  a  vacancy 
occur  in  said  office  after  a  recall  petition  is  filed,  the  election  shall  never- 
theless proceed  as  in  this  section  provided.  One  petition  is  sufficient  to 
propose  the  removal  and  election  of  one  or  more  elective  officials.  One 
election  is  competent  for  the  removal  and  election  of  one  or  more  elective 
officials.  Nominations  for  any  office  under  such  recall  election  shall  be 
made  by  petition  in  the  manner  prescribed  by  section  1188  of  the  Polit- 
ical Code;  except  that  no  party  affiliation  of  candidate,  signer  or  verifi- 
cation deputy  shall  be  given,  nor  shall  the  election  as  a  convention  dele- 
gate or  participation  in  a  primary  election  be  any  bar  to  signing  such 
petition.  Upon  the  sample  ballot  there  shall  be  printed  in  not  more 
than  two  hundred  words,  the  reasons  set  forth  in  the  recall  petition  for 
demanding  the  recall  of  the  officer,  and  upon  the  same  ballot  in  not  more 
than  two  hundred  words,  the  officer  may  .justify  his  course  in  office. 
There  shall  be  printed  on  the  recall  ballot,  as  to  every  officer  whose 
recall  is  to  be  voted  on  thereat,  the  following  question:  ".Shall  (name 
of  person  against  whom  the  recall  petition  is  filed)  be  recalled  from 
the  office  of   (title  of  the  office)?"  following  which  question  shall  be  the 


Act  2558  GENERAL  LAWS.  1614 

words  "Yes"  and  "No"  on  separate  lines,  with  a  blank  space  at  the 
right  of  each,  in  which  the  voter  shall  indicate  by  stamping  a  cross  (X) 
his  vote  for  or  against  such  recall.  On  such  ballots,  under  each  such 
question,  there  shall  also  be  printed  the  names  of  those  persons  who 
have  been  nominated  as  candidates  to  succeed  the  person  recalled,  in 
case  he  shall  be  removed  from  office  by  said  recall  election;  but  no  vote 
shall  be  counted  for  any  candidate  for  said  office  unless  the  voter  also 
voted  on  said  question  of  the  recall  of  the  person  sought  to  be  recalled 
from  said  office.  The  name  of  the  person  against  whom  the  petition  is 
tiled  shall  not  appear  on  the  ballot  as  a  candidate  for  the  office.  If  a 
majority  of  those  voting  on  said  question  of  the  recall  of  any  incumbent 
from  office  shall  vote  "No,"  said  incumbent  shall  continue  in  said  office. 
If  a  majority  shall  vote  "Yes,"  said  incumbent  shall  thereupon  be  deemed 
removed  from  such  office,  upon  the  qualification  of  his  successor.  The 
canvassers  shall  canvass  all  votes  for  candidates  for  said  office  and  de- 
clare the  result  in  like  manner  as  in  a  regular  election.  If  the  vote  at 
any  such  recall  election  shall  recall  the  officer,  then  the  candidate  who 
has  received  the  highest  number  of  votes  for  the  office  shall  be  thereby 
declared  elected  for  the  remainder  of  the  term.  In  case  the  person  who 
received  the  highest  number  of  votes  shall  fail  to  qualify  within  ten 
days  after  receiving  the  certificate  of  election,  the  office  shall  be  deemed 
vacant  and  shall  be  filled  according  to  law. 

Application  of  act  to  chartered  cities. 

§  2.  This  act  is  not  intended  to  apply  to  those  cities  having  a  free- 
holders' charter,  adopted  under  the  provisions  of  section  8  of  article  11 
of  the  constitution,  and  having  in  such  charter  provision  for  the  recall 
of  elective  officials  by  the  electors. 

Repeal  of  former  law. 

§  3.  Section  one  (1)  of  an  .^ct  entitled  "An  act  adding  three  new 
sections  to  an  act  entitled  'An  act  to  provide  for  the  organization,  incor- 
poration and  government  of  municipal  corporations,'  approved  March  13, 
1883,  to  be  numbered  10,  11  and  12  and  relating  to  the  government  of 
municipal  corporations  and  providing  for  the  recall,  initiative  and  ref- 
erendum," and  approved  March  l-±th,  1911,  is  hereby  repealed. 

TITLE  359. 
OIL. 

ACT  2558. 

An  act  to  require  private  corporations,  individuals  or  association  of  in- 
dividuals to  procure  licenses  to  permit  them  to  continue  to  maintain 
pipe-lines  already  constructed  for  the  transportation  of  crude  oil, 
petroleum  or  any  of  the  products  thereof,  for  any  distance  what- 
soever across,  along,  over  or  under  any  public  highway  or  public 
road,  which  are  intended  to  be  used  in  whole  or  in  part  for  such 
purpose  for  an  aggregate  distance  of  thirty-five  or  more  miles,  con- 


1615  OIL.  Act  2558,  §§1,2 

tinuously  or  otherwise,  and  which  pipe-lines  are  operated  other  than 
as  common  carriers;  and  prohibiting  the  construction  of  any  more 
such  lines  for  such  purposes  for  any  distance  whatsoever  across, 
along,  over  or  under  any  public  highway  or  any  public  road;  and 
providing  for  the  issuance  of  such  licenses;  and  fixing  fees  to  be 
paid  for  and  under  such  licenses,  and  estalDlishing  liens  to  secure 
same;  and  fixing  penalties  for  violations  of  this  act;  and  authoriz- 
ing certain  proceedings  by  and  before  the  railroad  commission  in 
connection  therewith;  and  authorizing  certain  court  proceedings  in 
connection   therewith. 

[Approved   June   4,    1913.     Stats.    1913,   p.   532.] 

Oil  pipe-lines  required  to  secure  license  to  continue  operating. 

§  1.  Every  private  corporation,  individual  or  association  of  individ- 
uals owning,  operating,  managing  or  controlling,  either  directly  or  in- 
'lireetly,  or  participating,  either  directly  or  indirectly,  in  the  ownership, 
operation,  management  or  control  of  any  pipe-line  or  pipe-lines,  or  any 
part  of  any  pipe-line  or  pipe-lines,  plant  or  equipment  for  the  trans- 
portation of  crude  oil  or  petroleum  or  of  any  of  the  products  thereof,  or 
engaged,  either  directly  or  indirectly  in  the  business  of  transporting  by 
pipe-line  or  pipe-lines,  in  whole  or  in  part,  continuously  or  otherwise, 
crude  oil  or  petroleum  or  any  of  the  products  thereof  from  producing 
points  or  from  points  at,  in  or  near  any  oil-field  or  oil-fields  to  any  re- 
finery or  refineries,  or  to  any  distributing  point  or  points,  or  to  any 
marketing  point  or  points,  or  to  the  vicinity  of  any  thereof  for  an  aggre- 
gate distance  of  thirty-five  or  more  miles,  within  the  state  of  California, 
otherwise  than  as  a  common  carrier,  and  which  said  pipe-line  or  pipe- 
lines, or  any  part  thereof,  or  of  such  plant  or  equipment  is  constructed 
or  maintained  for  any  distance  whatsoever  across,  along,  over  or  under 
any  public  highway  or  public  road  within  the  state  of  California,  is 
hereby  required  within  twenty  days  after  this  act  goes  into  effect  and 
before  thereafter  continuing  or  commencing  to  so  transport,  or  to  so 
engage  in  the  business  of  transporting  crude  oil,  petroleum  or  any  of 
the  products  thereof  through  any  part  of  such  pipe-line  or  pipe-lines  for 
any  distance  whatsoever  across,  along,  over  or  under  any  public  high- 
way, or  public  road,  to  procure  a  license  from  the  secretary  of  state  as 
liereinafter  provided,  permitting  it,  him  or  them  to  continue,  or  to  com- 
mence and  continue,  to  transport  and  engage  in  the  business  of  trans- 
porting crude  oil,  petroleum  or  any  of  the  products  thereof  through  such 
part  or  parts  of  such  pipe-line  or  pipe-lines  as  is  or  are  constructed  or 
maintained  for  any  distance  whatsoever  across,  along,  over  or  under  any 
public  highway  or  public  road. 

Secretary  of  state  may  issue  license.     Fee. 

§  2.  The  secretary  of  state  is  hereby  authorized  to  issue  licenses  per- 
mitting private  corporations,  individuals  or  association  of  individuals 
to  continue  to  own,  operate,  manage  or  control^  any  pipe-line  or  pipe- 
lines already  constructed  and  now  being  maintained  for  the  transporta- 


Act  2558,  §§  3-5  general  laws.  1616 

tion  of  crude  oil,  petroleum  or  any  of  its  products,  otherwise  than  as  a 
common  carrier  across,  along,  over  or  under  any  public  highway  or  pub- 
lic road  within  this  state,  to  the  extent  only  to  which  such  pipe-line  or 
pipe-lines  is  or  are  now  already  so  constructed,  operated  and  maintained, 
upon  payment  of  a  fee  of  two  hundred  and  fifty  dollars  ($250)  for  each 
separate  pipe-line  so  already  constructed  and  maintained  for  any  dis- 
tance whatsoever  across,  along,  over  or  under  any  public  highway  or 
public  road  for  such  length  of  time  only  as  such  licensee  shall  comply 
with  all  the  provisions  of  this  act  and  of  any  and  every  other  act  which 
may  hereafter  be  enacted  in  relation  to  this  subject  by  the  legislature 
of  California;  provided,  further,  that  the  fees  hereinafter  required  to 
be  paid  for  such  permit  may  hereafter  be  increased  or  diminished  at  any 
time  as  the  legislature  may  determine. 

Future  construction  limited  to  common  carriers. 

§  3.  The  construction  hereafter  of  any  pipe-line  or  pipe-lines  intended 
for  the  transportatio*n  of  crude  oil,  petroleum  or  any  of  its  products, 
otherwise  than  as  a  common  carrier  for  an  aggregate  distance  of  thirty- 
five  or  more  miles  within  this  state,  continuously  or  otherwise,  by  means 
of  such  pipe-line  or  pipe-lines,  in  whole  or  in  part,  for  any  distance 
whatsoever,  across,  along,  over  or  under  any  public  highway  or  public 
road  within  this  state  is  declared  to  be  contrary  to  public  policy  and 
is  hereby  expressly  prohibited. 

Application  for  license. 

§  4.  The  license  herein  provided  for  shall  not  be  issued  by  the  sec- 
retary of  state  unless  and  until  a  written  application  therefor  shall 
first  be  filed  with  him  by  the  private  corporation,  individual  or  associa- 
tion of  individuals  desiring  to  procure  the  same,  which  shall  describe  in 
a  general  way  the  pipe-line  or  pipe-lines  for  the  maintenance  and  oper- 
ation of  which  such  license  is  desired,  stating  the  terminal  points  of 
such  pipe-line  or  pipe-lines  and  the  county  and  counties  through  which 
the  same  is  or  are  constructed  and  maintained,  and  the  number  of  miles 
thereof  in  each  ,of  such  counties,  and  as  nearly  as  may  be  the  point  and 
points  at  which  such  pipe-line  or  pipe-lines  is  or  are  constructed  and 
maintained  across,  along,  over  or  under  any  public  highway  or  public 
road  and  the  approximate  distance  thereof  in  each  instance,  and  which 
written  application  shall  also  set  forth  the  name  of  the  private  corpora- 
tion, individual  or  association  of  individuals  owning,  operating,  man- 
aging or  controlling,  either  directly  or  indirectly,  such  pipe-line  or 
pipe-lines  and  each  and  every  part  thereof.  And  such  license  when 
issued  shall  describe  such  pipe-line  or  pipe-lines  as  described  in  such 
application. 

Monthly  report  of  oil  carried.     Subscribed  by  licensee.     Fee,  fifty  cents 
per  barrel. 
§  5.     Every    private    corporation,    individual    or    association    of    indi- 
viduals required  to   procure  the   license   hereinbefore   provided   for  shall 


1617  OIL.  Act  2558,  §  6 

file  with  the  railroad  commission  of  the  state  of  California  on  or  before 
the  tenth  day  of  each  calendar  month,  including  and  following  the  sec- 
ond calendar  month  after  this  act  goes  into  effect,  and  in  such  form  as 
said  railroad  commission  shall  require,  a  full,  true  and  correct  report 
showing  the  number  of  barrels  (forty-two  gallons  to  the  barrel)  of  crude 
oil,  petroleum  or  any  of  the  products  thereof  which  were  transported 
tlirough  each  and  every  such  pipe-line  so  constructed,  operated  or  main- 
tained for  any  distance  whatsoever  across,  along,  over  or  under  any  pub- 
lic highway  or  any  public  road  within  this  state  during  the  preceding  cal- 
endar month.  Such  report  shall  be  subscribed  by  such  licensee  or  by  its, 
his  or  their  agent  duly  appointed  in  writing  for  such  purpose  and  shall  be 
accompanied  by  the  affidavit  of  such  subscriber  stating  in  substance  and 
effect  that  he  knows  the  contents  thereof,  and  that  he  has  had  free  access 
to  the  books  and  vouchers  of  such  licensee  relating  to  the  same  for  the 
purpose  of  determining  the  truth  of  the  statements  contained  therein, 
and  that  such  statements,  and  each  and  all  thereof,  are  true  according 
to  his 'best  information  and  belief.  Said  railroad  commission  shall  ex- 
amine said  report  and  if  it  shall  have  no  reason  to  doubt  the  correctness 
of  the  same,  shall,  within  not  less  than  ten  days  thereafter,  certify  it  to 
the  secretary  of  state,  and  thereupon  there  shall  immediately  become 
due  and  payable  to  the  people  of  the  state  of  California  at  the  office  of, 
and  through  the  secretary  of  state,  the  sum  of  fifty  cents  ($.50)  for  each 
such  barrel  of  crude  oil,  petroleum  or  any  of  the  products  thereof  so 
transported  through  such  pipe-line  or  pipe-lines  for  any  distance  what- 
soever across,  along,  over  or  under  such  public  highway  or  public  road. 
The  delivery  of  such  certified  report  by  the  railroad  commission  to  the 
secretary  of  state  shall  be  deemed  notice  as  of  the  date  of  such  filing, 
to  said  licensee  of  the  amount  due  as  a  license  fee  for  such  calendar 
month  under  the  provisions  of  this  act. 

Eailroad  commission  may  examine  into  correctness  of  report.  Revoca- 
tion of  license. 
§  6.  Whenever  the  railroad  commission  shall  entertain  any  doubt  of 
the  correctness  of  such  report  so  filed  with  it,  said  railroad  commission 
may  subpoena  the  subscriber  of  such  report  and  require  him  to  bring 
before  said  commission  the  books  and  vouchers  from  which  he  secured 
the  information  set  forth  in  said  report,  and  may  examine  him  under 
oath,  and  may  subpoena  such  other  witnesses  and  hear  such  other  tes- 
timony in  relation  to  such  matter  as  it  deems  competent,  material  and 
relevant,  and  shall  proceed  summarily  in  the  matter  and  determine  the 
true  and  correct  number  of  such  barrels  of  crude  oil,  petroleum  or  any 
of  the  products  thereof  which  were  so  transported  by  said  licensee 
through  such  pipe-line  so  constructed,  operated  or  maintained  for  any 
distance  whatsoever  across,  along,  over  or  under  any  public  highway 
or  public  road  within  this  state,  and  shall  thereupon  certify  to  the  secre- 
tary of  state  its  finding  of  the  number  of  such  barrels,  and  thereupon 
there  shall  immediately  become  due  and  payable  to  the  people  of  the 
102 


Act  2558,  §§7, 8  general  laws.  1618 

state  of  California,  at  the  oflBce  of  and  through  the  secretary  of  state, 
the  sum  of  fifty  cents  ($.50)  for  each  such  barrel  of  such  crude  oil, 
petroleum  or  any  of  the  products  thereof  so  transported.  The  delivery 
of  such  certified  finding  by  the  railroad  commission  to  the  secretary  of 
state  shall  be  deemed  notice  as  of  the  date  of  such  filing  to  said  licensee 
of  the  amount  due  as  a  license  fee  under  the  provisions  of  this  act.  The 
railroad  commission  may  revoke  the  license  of  such  licensee  if,  upon 
such  hearing,  it  finds  that  any  material  statement  contained  in  said 
sworn  report  is  false  and  that  such  falsity  was  known  to  such  licensee 
at  the  time  such  report  was  filed  with  said  railroad  commission,  or  that 
said  licensee  had  reason  to  believe  at  such  time  that  such  report  was 
false,  or  that  such  licensee  willfully  aided  or  abetted  the  making  of  such 
false  report,  either  directly  or  indirectly,  in  any  manner  whatsoever,  and 
said  railroad  commission  may  thereupon  refuse  to  authorize  the  secretary 
of  state  to  renew  any  such  license,  or  to  issue  a  new  one  to  any  private 
corporation,  individual  or  association  of  individuals,  whose  license  has 
thus  been  revoked,  within  one  year  from  the  time  same  was  revoked. 

Penalty. 

§  7.  Every  individual  and  every  member  of  any  association  of  indi- 
viduals, and  every  ofiicer,  agent,  attorney  or  employee  of  any  private 
corporation,  who  knowingly  and  willfully  violates  or  fails  to  comply  with, 
or  who  knowingly  and  willfully  aids  and  abets  any  violation  of  any  pro- 
vision of  this  act,  or  who  knowingly  and  willfully  fails  to  observe,  obey 
or  comply  with  any  order,  decision,  rule,  direction,  demand  or  require- 
ment, or  any  part  or  provision  thereof,  of  the  said  railroad  commission, 
or  who  knowingly  or  willfully  procures,  aids  or  abets  any  failure  to  ob- 
serve, obey  and  comply  therewith,  is  guilty  of  a  misdemeanor  and  is 
punishable  by  a  fine  not  exceeding  one  thousand  dollars  ($1,000)  or  by 
imprisonment  in  the  county  jail  not  exceeding  one  year,  or  by  both  such 
fine  and  imprisonment. 

Action  against  companies  failing  to  take  out  license.  Service  of  peti- 
tion. Final  judgment.  Appeal. 
§  8.  Whenever  the  railroad  commission  shall  entertain  the  belief 
that  any  private  corporation,  individual  or  association  of  individuals 
required  by  the  provisions  of  this  act  to  procure  the  aforesaid  license, 
is  transporting  crude  oil,  petroleum  or  any  of  the  products  thereof,  for 
any  distance  whatsoever,  through  any  pipe-line  now  constructed  and 
maintained  across,  along,  over  or  under  any  public  highway  or  public 
road  within  this  state  without  having  procured  the  license  herein  pro- 
vided for,  or  has  or  is  about  to  construct  any  pipe-line  for  the  trans- 
portation of  crude  oil,  petroleum  or  any  of  the  products  thereof  for  any 
distance  whatsoever  across,  along,  over  or  under  any  public  highway  or 
any  public  road  within  this  state,  it  shall  direct  the  attorney  of  the 
commission  to  commence  an  action  or  proceeding  in  the  superior  court 
in  and  for  the  county,  or  city  and  county,  in  which  such  pipe-line  or  any 
part  thereof  is  so  constructed  or  maintained,  or  has  been  or  is  about  to 


1619  OIL.  Act2558,  §§9, 10 

be  so  constructed,  for  any  distance  whatsoever,  across,  along,  ovev  or 
under  any  public  highway  or  public  road,  or  in  the  superior  court  in 
and  for  the  county,  or  city  and  county,  in  which  the  private  corporation, 
individual  or  association  of  individuals  so  transporting  or  threatening 
to  construct  a  pipe-line  or  pipe-lines  for  the  purpose  of  transporting  crude 
oil,  petroleum  or  any  of  the  products  thereof,  maintain  or  maintains  it, 
his  or  their  principal  place  of  business,  and  said  action  or  proceeding 
shall  be  brought  in  the  name  of  the  people  of  the  state  of  California 
for  the  purpose  of  having  such  violation  or  threatened  violation  of  the 
provisions  of  this  act  stopped  and  prevented  by  mandamus,  injunction 
or  other  appropriate  remedy,  and  for  the  purpose  of  recovering  a  judg- 
ment for  such  damages  as  may  have  been  incurred  by  the  people  of  the 
state  of  California  for  such  violation  or  threatened  violation  of  the  pro- 
visions of  this  act.  It  shall  thereupon  become  the  duty  of  the  court 
to  specify  a  time  not  exceeding  twenty  days  after  the  service  of  tlie 
copy  of  the  petition  in  which  the  private  corporation,  individual  or 
association  of  individuals  complained  of  must  answer  such  petition,  and 
in  the  meantime,  said  private  corporation,  individual  or  association  of 
individuals  may  be  restrained  by  said  court  from  continuing  such 
violation  or  threatened  violation  of  any  of  the  provisions  of  this  act. 
In  case  of  default  in  the  answer^  or  after  the  answer  has  been  filed  by 
such  defendant  or  defendants,  the  court  shall  immediately  hear  and 
determine  the  case.  Such  private  corporation  or  individuals  as  the  court 
may  deem  necessary  or  proper  in  order  to  make  its  judgment,  order  or 
writ  effective,  may  be  joined  as  parties.  The  final  judgment  in  any 
such  action  or  proceeding  shall  either  dismiss  the  action  or  proceeding 
or  direct  that  the  writ  of  mandamus  or  injunction  issue  or  be  made  per- 
petual as  prayed  for  in  the  petition,  or  in  such  modified  or  other  form 
as  will  give  appropriate  relief.  An  appeal  may  be  taken  to  the  supreme 
court  from  such  final  judgment  in  the  same  manner  and  with  the  same 
effect,  subject  to  the  provisions  of  this  act,  as  appeals  are  taken  from 
the  judgments  of  the  superior  court  in  other  cases  involving  mandamus 
or  injunction. 

Failure  to  pay  license  fees. 

§  9.  Any  failure  on  the  part  of  any  licensee  to  pay  within  twenty 
days  after  the  same  becomes  due,  the  license  fees  or  any  portion  thereof 
as  required  by  and  provided  in  the  provisions  of  this  act,  shall  operate 
to  forfeit,  ipso  facto,  such  license,  and  to  deprive  such  licensee  of  the 
right  to  continue  to  transport  any  crude  oil,  petroleum  or  any  of  the 
products  thereof  through  any  part  of  any  such  pipe-line  or  pipe-lines 
for  any  distance  whatsoever  across,  along,  over  or  under  any  public 
highway  or  public  road. 

License  fee  lien  on  pipe-line. 

§  10.  The  license  fee,  and  each  installment  thereof,  in  this  act  pro- 
vided for,  upon  the  same  becoming  due,  as  herein  provided,  is  hereby 
declared  to  be  a  lien  upon  the  whole  of  the  pipe-line  or  pipe-lines  and 


Act  2559,  §  1  GENERAL   LAWS.  1620 

plant  and  equipment  used  in  connection  therewith  of  which  that  part 
of  such  pipe-line,  for  the  privilege  of  maintaining  and  operating  which 
said  license  is  procured,  is  a  part  as  described  in  the  application  for  such 
license,  from  the  time  that  such  license  fee,  and  each  installment  thereof, 
becomes  due  and  payable;  and  sxich  lien  shall  be  enforceable  in  the  same 
way  that  tax  liens  in  the  state  of  California  are  enforceable,  and  by  the 
same  procedure  in  so  far  as  the  seme  is  or  can  be  made  applicable  hereto. 

Licensee  exempt  from  monthly  fees. 

§  11.  Any  and  every  licensee  under  this  act  who  pays  a  license  fee  of 
not  less  than  fifty  cents  ($.50)  per  barrel  of  forty-two  gallons  each  to  the 
state  of  California  under  any  other  law  of  this  state  for  the  privilege 
of  transporting  or  of  engaging,  either  directly  or  indirectly,  in  the  busi- 
ness of  transporting  crude  oil,  petroleum  or  any  of  the  products  thereof 
through  a  pipe-line  or  pipe-lines,  is  hereby  exempted  and  relieved  from 
the  payment  of  the  monthly  license  fees  herein  provided  for  by  this  act. 

Constitutionality  of  act. 

§  12.  If  any  section,  subsection,  sentence,  clause  or  phrase  of  this  act 
is  for  any  reason  held  to  be  unconstitutional,  such  decision  shall  not  affect 
the  validity  of  the  remaining  portions  of  this  act.  The  legislature  hereby 
declares  that  it  would  have  passed  this  act  and  each  section,  subsection, 
sentence,  clause  or  phrase  thereof  irrespective  of  the  fact  that  any  one 
or  more  other  sections,  subsections,  sentences,  clauses  or  phrases  be  de- 
clared unconstitutional. 

ACT  2559. 

An  act  declaring  certain  corporations,  individuals  or  association  of  indi- 
viduals engaged,  directly  or  indirectly,  in  the  transportation  of  crude 
oil  or  petroleum  or  the  products  thereof,  for  hire  or  otherwise,  to 
be  common  carriers  and  public  utilities  and  subject  to  the  provisions 
of  the  act  known  as  the  public  utilities  act  of  the  state  of  California, 
approved  December  23,  1911. 

[Approved   June   4,   1913.     Stats.   1913,    p.    657.] 

Companies  owning,  etc.,  oil   pipe-lines  declared  common  carriers. 

§  1.  Every  private  corporation  and  every  individual  or  association  of 
individuals: 

(a)  Owning,  operating,  managing  or  controlling  any  pipe-line  or  any 
part  of  any  pipe-line,  plant  or  equipment  within  the  state  of  California 
for  the  transportation  of  crude  oil  or  petroleum  or  the  products  thereof, 
either  directly  or  indirectly,  to  or  for  the  public,  for  hire,  compensation 
or  consideration  of  any  kind,  paid,  given,  extended  or  received,  directly 
or  indirectly,  for  such  transportation,  or  engaged,  directly  or  indirectly, 
in   the   business   of   so   transporting  the   same;    or 

(b)  Owning,  operating,  managing  or  controlling  any  pipe-line  or  any 
part  of  any  pipe-line,  plant  or  equipment  for  the  transportation  of  crude 


1621  om.  Act  2559,  §  2 

oil,  petroleum  or  the  products  thereof,  directly  or  indirectly,  to  or  for 
the  public,  for  hire,  compensation  or  consideration  of  any  kind,  paid  or 
received,  directly  or  indirectly,  for  such  transportation,  and  which  said 
pipe-line,  plant  or  equipment  is  cofistructed  or  maintained  upon,  along, 
over  or  under  any  public  highway,  and  in  favor  of  whom  the  right  of 
eminent  domain  exists;  or 

(c)  Owning,  operating,  managing  or  controlling,  directly  or  indirectly, 
any  pipe-line  or  pipe  lines,  or  any  part  of  any  pipe-line  or  pipe-lines, 
plant  or  equipment,  or  any  pipe-line  system  or  any  part  thereof,  for 
the  transportation,  directly  or  indirectly,  to  or  for  the  public,  for 
hire  or  otherwise,  of  crude  oil,  petroleum  or  products  thereof,  and  which 
said  pipe-line,  or  pipe-lines,  or  plant  or  equipment,  or  sj'stem,  is,  or 
are,  constructed,  operated  or  maintained  across,  upon,  along,  over  or 
under  the  right  of  way  of  any  railroad  corporation  or  other  common 
carrier  required  by  law  to  transport  crude  oil,  petroleum,  or  products 
thereof  as  a  common  carrier;  or 

(d)  Owning,  using,  operating,  managing  or  controlling,  directly  or  in- 
directly, or  participating  in  the  ownership,  use,  operation,  management 
or  control,  directly  or  indirectly,  under  lease,  contract  of  purchase,  agree- 
ment to  buy  and  sell,  or  other  contractual  or  tacit  agreement  or  arrange- 
ment, of  any  kind  or  character  whatsoever,  of  any  pipe-line,  or  pipe- 
lines, or  any  part  of  any  pipe-line,  or  pipe-lines,  plant  or  equipment,  or 
pipe-line  system,  or  any  part  of  any  pipe-line  system,  for  the  transporta- 
tion of  crude  oil,  petroleum  or  the  products  thereof,  of  and  from,  or  of, 
or  from  any  oil  field  or  place  of  production  within  the  state  of  California, 
to  any  distributing,  refining,  or  marketing  center  or  reshipping  point 
therefor  within  said  state,  whereby,  or  under,  or  through  which,  directly 
or  indirectly,  such  corporation,  or  any  corporation  or  association  of  cor- 
porations, or  individual  or  association  of  individuals  secures,  or  is  en- 
abled to  secure,  or  attempts  to  secure,  or  tends  to  secure,  the  control  of, 
or  monopoly  of  the  purchasing  of,  or  the  control  of,  or  monopoly  of  the 
transportation  of  such  crude  oil,  petroleum  or  the  products  thereof; 

Is  hereby  declared  to  be  a  common  carrier  and  subject  to  the  provi- 
sions of  the  act  known  as  the  "Public  Utilities  Act,"  approved  December 
23,  1911. 

Companies  engaging  in  transportation  of  crude  oil,  etc.,  declared  common 
carriers. 
§  2.  Every  corporation  organized  and  existing  under  the  laws  of  the 
state  of  California  or  under  the  laws  of  any  other  state  to  transport,  or 
to  engage  in  the  business  of  transporting,  within  the  state  of  California, 
any  crude  oil,  petroleum  or  the  products  thereof,  or  for  the  purpose  of 
acquiring,  constructing,  leasing,  owning,  maintaining  or  operating,  di- 
rectly or  indirectly,  or  of  controlling  or  participating  in  the  control  of 
any  pipe-line  or  pipe-lines  with  pumping  station  or  stations,  or  other 
appurtenant  equipment  or  plant  constructed  and  maintained,  or  to  be 
constructed  or  maintained  for  the  transportation  of  crude  oil,  petroleum 


Act  2560,  §  1  GENERAL   LAWS.  1622 

or  the  products  thereof,  actually  engaged  or  engaging  in  suet  operation 
or  transportation,  directly  or  indirectly,  or  shares,  directly  or  indirectly, 
in  the  business  of  such  operation  or  transportation,  is  hereby  declared 
to  be  a  common  carrier  and  subject  to  the  provisions  of  the  "Public  Utili- 
ties Act"  of  the  state  of  California,  approved  December  23,  1911. 

Pipe-lines  declared  public  utilities. 

§  3.  Any  pipe-line  constructed,  acquired,  owned,  operated,  maintained, 
managed  or  controlled  by  any  private  corporation  or  individual  or  asso- 
ciation of  individuals  for  any  of  the  purposes  or  under  any  of  the  con- 
ditions specified  in  section  1  or  section  2  of  this  act,  is  hereby  declared 
to  be  a  public  utility  and  subject  to  the  provisions  of  the  "Public  Utili- 
ties Act"  of  the  state  of  California,  approved  December  23,  1911. 

Constitutionality  of  act. 

§  4.  If  any  section,  subsection,  sentence,  clause  or  phrase  of  this  act 
is  for  any  reason  held  to  be  unconstitutional,  such  decision  shall  not  affect 
the  validity  of  the  remaining  portions  of  this  act.  The  legislature  hereby 
declares  that  it  would  have  passed  this  act  and  each  section,  subsection, 
sentence,  clause  and  phrase  thereof,  irresi>ective  of  the  fact  that  any  one 
or  more  other  sections,  subsections,  sentences,  clauses  or  phrases  be  de- 
clared unconstitutional. 

Not  applicable  to  certain  companies. 

§  5.  The  provisions  of  this  act  are  not  to  be  construed  as  applying 
to  any  corporation,  individual  or  association  of  individuals  where  the 
nature  and  extent  of  their  business  is  such  that  the  public  needs  no  use 
in  the  same,  and  the  conduct  of  the  same  is  not  a  matter  of  public  conse- 
quence. 

ACT  2560, 

An  act  to  declare  certain  contracts,  combinations,  arrangements  and  con- 
spiracies between  common  carrier  railroads  and  pipe-lines  for  the 
transportation  of  crude  oil,  and  pipe-lines  constructed  for  the  trans- 
portation of  crude  oil,  petroleum  or  the  products  thereof,  to  be  in 
restraint  of  trade  and  unfair  practices,  contrary  to  public  policy  as 
tending  to  monopoly,  and  requiring  such  pipe-lines  to  either  become 
common  carriers  and  public  utilities  or  to  procure  license  and  pay 
fees,  and  fixing  penalties  for  violations  and  authorizing  certain  court 
proceedings. 

[Approved  June  4,  1913.     Stats.   1913,  p.  523.] 

Certain  contracts  between  oil  pipe-lines  and  railroads  declared  illegal. 

§  1.  Any  and  every  contract,  combination  in  form  of  trust  or  other- 
wise, or  arrangement  "of  any  kind,  implied,  tacit  or  otherwise,  or  con- 
spiracy between  a  common  carrier  railroad  which  is  equipped  for  the 
transportation  of  crude  oil,  petroleum  or  the  products  thereof,  or  which 
has  filed,  or  may  lawfully  be  required  to  file,  a  schedule  of  rates  with  the 


1623  OIL.  Act  2560,  §  2 

railroad  commission  of  California  for  such  transportation,  and  which, 
operates  from  or  through  any  crude  oil  or  petroleum  producing  field  or 
fields  or  shipping  points  in  the  vicinity  of  any  thereof,  in  the  state  of 
California,  for  a  distance  of  thirty-five  miles  or  more  in  the  aggregate, 
either  continuously  or  otherwise,  to  any  refinery  or  refineries  of  crude 
oil  or  petroleum  or  any  of  the  products  thereof,  or  to  or  through  any 
selling,  marketing,  consuming  or  shipping  points  or  the  vicinity  of  any 
thereof,  for  such  crude  oil  or  p>ctroleum  or  any  of  the  products  thereof, 
and  any  oil-pipe  line  which  is  used  or  operated  for  the  transportation  of 
crude  oil  or  petroleum  or  any  of  the  products  thereof,  otherwise  than  as 
a  common  carrier,  from  or  through  the  same,  or  any  of  the  same  oil  or 
petroleum  producing  fields  or  shipping  points  or  from  the  vicinity  of  any 
thereof,  for  a  distance  of  thirty-five  miles  or  more  in  the  aggregate, 
either  continuously  or  otherwise,  and  to  or  through  the  same,  or  any 
of  the  same  refining,  selling,  marketing  or  reshipping  points  or  the 
vicinity  of  any  thereof,  and  which  last-mentioned  transportation  is  ac- 
complished in  whole  or  in  part  by  such  oil  pipe-line,  and  whereby  such 
oil  pipe-line  secures,  or  is  enabled  to  secure,  or  attempts  to  secure,  or 
tends  to  secure  any  unreasonable  control  or  monopoly  of  the  purchase, 
sale  or  transportation  of  such  crude  oil,  petroleum  or  any  of  the  prod- 
ucts thereof,  or  is  enabled  to  secure,  or  attempts  to  secure  any  unrea- 
sonable restraint  on  or  over  competition  or  trade  in  the  purchase,  sale 
or  transportation  of  such  crude  oil,  petroleum  or  of  any  of  the  products 
thereof,  is  hereby  declared  to  be  illegal. 

Facts  upon  which  courts  must  declare  contracts  in  unreasonable  restraint 
of  trade. 
§.2.  In  any  and  every  action  or  proceeding  under  this  act,  whenever 
it  shall  appear  to  the  court  that  any  contract,  combination,  arrangement 
or  conspiracy  such  as  is  described  in  section  1  hereof,  exists,  or  that  at 
the  time  of  the  commencement  of  such  action  or  proceeding  it  did  exist; 
and  it  further  appears  to  such  court  that  such  oil  pipe-line  is  constructed, 
in  whole  or  in  part,  upon,  over,  under  or  along  the  right  of  way  of  such 
common  carrier  railroad,  continuously  or  otherwise,  for  a  distance  of 
five  or  more  miles  in  the  aggregate,  with  the  permission,  allowance  or 
consent,  actual,  implied  or  otherwise,  of  such  common  carrier  railroad, 
and  that  said  oil  pipe-line  is  owned  or  controlled,  either  directly  or  in- 
directly, by  said  common  carrier  railroad,  or  that  such  oil  pipe-line  and 
such  common  carrier  railroad  have  any  common  or  interlocking  owner  or 
owners,  or  director  or  directors;  and  it  further  appears  that  said  oil  pipe- 
line is  engaged  in  the  business  of  purchasing,  transporting  and  reselling 
such  crude  oil,  petroleum  or  any  thereof,  or  any  of  the  products  thereof, 
or  of  purchasing  and  transporting  the  same,  or  any  thereof,  or  of  purchas- 
ing, transporting  and  refining  the  same,  or  any  thereof,  for  sale,  or  of  pro- 
ducing, transporting  and  reselling  the  same,  or  any  thereof,  or  of 
producing,  transporting  and  defining  the  same  for  sale  from  its  own  or 
leased  ground,  or  otherwise,  or  of  producing  and  transporting  the  same,  or 


Act  2560,  §  3  GENERAL   LAWS.  1624 

any  thereof;  and  it  further  appears  that  the  schedule  of  rates,  or  any  of 
them,  for  the  transportation  of  such  crude  oil,  petroleum  or  any  of  the 
products  thereof,  filed  by  said  common  carrier  railroad  with. the  railroad 
commission  of  California,  or  that  the  rates,  or  any  of  them,  published, 
fixed  or  charged  by  such  common  carrier  railroad  for  such  transportation 
of  the  same,  or  any  of  the  same,  are  sufficiently  high  as  compared  with  the 
actual  cost  of  transportation  between  the  same,  or  approximately  or  prac- 
tically the  same  initial  shipping,  and  the  refining,  selling,  marketing,  re- 
shipping  or  (terminal  points,  by  such  oil-pipe  line,  as  to  tend  to  prevent  the 
transportation  of  such  crude  oil,  petroleum  or  any  of  the  products  thereof, 
over  or  upon  such  common  carrier  railroad,  or  to  tend  to  prevent  competi- 
tion in  such  transportation  between  such  common  carrier  railroad  and 
such  oil  pipe-line,  or  to  restrain  such  competition,  or  to  tend  to  restrain 
competition  among  the  producers  of  such  crude  oil,  petroleum  or  any  of 
the  products  thereof  in  the  sale  thereof,  or  of  any  of  the  same,  or  to 
tend  to  enable  such  oil  pipe-line,  either  alone  or  in  conjunction  with  other 
oil  pipe-lines,  to  restrain  competition  in  the  sale  or  the  purchase  of  such 
crude  oil,  petroleum  or  the  products  thereof,  either  among  the  producers 
or  the  consumers  thereof,  or  to  tend  to  enable  such  oil  pipe-line,  either 
alone  or  in  conjunction  with  other  pipe-lines,  to  secure  the  control  or 
the  monopoly  of  the  purchase  of  such  crude  oil,  petroleum  or  the  products 
thereof,  or  to  fix  the  selling  price  of  any  thereof  at  the  oil  fields  or  points 
of  production  of  the  same,  or  at  the  shipping  points  or  at  the  vicinity 
of  any  thereof,  or  to  secure  the  control  or  the  monopoly  of  the  trans- 
portation of  such  crude  oil,  petroleum  or  the  products  thereof  from  such 
oil  fields  or  points  of  production,  or  from  the  shipping  points  or  from  the 
vicinity  of  any  thereof,  to  such  refining,  selling  or  marketing  points,  or 
any  thereof,  then  such  contract,  combination,  arrangement  or  conspiracy 
is  hereby  declared  to  be  an  unfair  practice,  contrary  to  the  public  policy 
of  the  state  of  California,  and  the  same  shall  and  must  be  deemed  by 
such  court  in  all  such  actions  or  proceedings  to  be  an  unreasonable  con- 
tract, combination,  arrangement  or  conspiracy,  in  restraint  of  trade,  and 
an  unreasonable  control  or  monopoly  of  the  purchase,  sale  or  transporta- 
tion of  such  crude  oil,  petroleum  or  some  of  the  products  thereof,  and 
an  unreasonable  restraint  on  or  over  competition  and  trade  in  the  pur- 
chase, sale  or  transportation  of  such  crude  oil,  petroleum  or  some  of  the 
products  thereof,  and  the  same  shall  and  must  be  deemed  illegal. 

Facts  upon  which  courts  must  declare  contracts  in  unreasonable  restraint 
of  trade. 
§  3.  In  any  and  every  action  or  proceeding  under  this  act,  whenever 
it  shall  appear  to  the  court  that  any  contract,  combination,  arrangement 
or  conspiracy  such  as  is  described  in  section  1  hereof,  exists,  or  that  at  the 
time  of  the  commencement  of  such  action  or  proceeding  it  did  exist,  and 
it  further  appears  to  such  court  that  such  oil  pipe-line  is  constructed,  in 
whole  or  in  part,  upon,  over,  under  or  along  the  right  of  way  of  such 
common  carrier  railroad,  continuously  or  otherwise,  for  a  distance  of  five 


1625  om.  Act  2560,  §3 

or  more  miles  in  tie  aggregate,  with  the  permission,  allowance  or  eon- 
sent,  actual,  implied  or  otherwise,  of  such  common  carrier  railroad,  and 
it  appears  that  said  oil-pipe  line  is  engaged  in  the  business  of  purchasing, 
transporting  and  reselling  such  crude  oil,  petroleum  or  any  thereof,  or 
any  of  the  products  thereof,  or  of  purchasing  and  transporting  the 
same,  or  any  thereof,  or  of  purchasing,  transporting  and  refining  the 
same,  or  any  thereof,  for  sale,  or  of  producing,  transporting  and  reselling 
the  same,  or  any  thereof,  or  of  producing,  transporting  and  refining  the 
same  for  sale  from  its  own  or  leased  ground,  or  otherwise,  or  of  producing 
and  transporting  the  same,  or  any  thereof;  and  it  further  appears  that 
the  schedule  of  rates,  or  any  of  them,  for  the  transportation  of  such  crude 
oil,  petroleum  or  any  of  the  products  thereof,  filed  by  said  common  car- 
rier railroad  with  the  railroad  commission  of  California,  or  that  the  rates, 
or  any  of  them,  published,  fixed  or  charged  by  such  common  carrier  rail- 
road for  such  transportation  of  the  same,  or  any  of  the  same,  are  suffi- 
ciently high  as  compared  with  the  actual  cost  of  transportation  between 
the  same,  or  approximately  or  practically  the  same  initial  shipping,  and 
the  refining,  selling,  marketing,  reshipping  or  terminal  points,  by  such  oil 
pipe-line,  as  to  tend  to  prevent  the  transportation  of  such  crude  oil, 
petroleum  or  any  of  the  products  thereof,  over  or  upon  such  common 
carrier  railroad,  or  to  tend  to  prevent  competition  in  such  transportation 
between  such  common  carrier  railroad  and  such  oil  pipe-line,  or  to  re- 
strain such  competition,  or  to  tend  to  restrain  competition  among  the 
producers  of  such  crude  oil,  petroleum  or  any  of  the  products  thereof  in 
the  sale  thereof,  or  of  any  of  the  same,  or  to  tend  to  enable  such  oil 
pipe-line,  either  along  or  in  conjunction  with  other  oil  pipe-lines,  to 
restrain  competition  in  the  sale  or  the  purchase  of  such  crude  oil,  petro- 
leum or  the  products  thereof,  either  among  the  producers  or  the  consumers 
thereof,  or  to  tend  to  enable  such  oil  pipe-line,  either  alone  or  in  eon- 
junction  with  other  pipe-lines,  to  secure  the  control  or  the  monopoly  of 
the  purchase  of  such  crude  oil,  petroleum  or  the  products  thereof,  or  to 
fix  the  selling  price  of  any  thereof  at  the  oil  fields  or  points  of  production 
of  the  same,  or  at  the  shipping  points  or  at  the  vicinity  of  any  thereof, 
or  to  secure  the  control  or  the  monopoly  of  the  transportation  of  such 
crude  oil,  petroleum  or  the  products  thereof  from  such  oil  fields  or  points 
of  production,  or  from  the  shipping  points  or  from  the  vicinity  of  any 
thereof,  to  such  refining,  selling  or  marketing  points,  or  any  thereof,  then 
such  contract,  combination,  arrangement  or  conspiracy  is  hereby  de- 
clared to  be  an  unfair  practice,  contrary  to  the  public  policy  of  the  state 
of  California,  and  'the  same  shall  and  must  be  deemed  by  such  court  in 
all  such  actions  or  proceedings  to  be  an  unreasonable  contract,  combina- 
tion, arrangement  or  conspiracy,  in  restraint  of  trade,  and  an  unreasonable 
control  or  monopoly  of  the  purchase,  sale,  or  transportation  of  such  crude 
oil,  petroleum  or  some  of  the  products  thereof,  and  an  unreasonable  re- 
straint on  or  over  competition  and  trade  in  the  purchase,  sale  or  trans- 
portation of  such  crude  oil,  petroleum  or  some  of  the  products  thereof,  and 
the  same  shall  and  must  be  deemed  illegal. 


Act  2560,  §§4-7  general  laws.  ,  1626 

"Unreasonable"  defined. 

§  4.  The  term  "unreasonable"  wherever  used  in  this  act  means  -vrhere 
the  nature  and  extent  of  the  control  or  restraint  is  such  that  the  matter 
becomes  of  public  consequence  or  is  injurious  to  the  public  welfare,  or 
where  the  nature  and  extent  of  the  business  is  such  that  the  public  needs 
some  use  in  the  same,  and  the  control  or  restraint  so  exercised  prevents, 
obstructs  or  in  any  wise  hinders  such  use. 

Penalty. 

§  5.  Every  person  who  shall  hereafter  make  any  such  contract  or 
arrangement  or  engage  in  any  such  combination  or  conspiracy,  or  shall 
hereafter,  continue  to  execute  any  such  contract  or  arrangement,  or  to  do 
or  perform  any  act  in  furtherance  of  any  such  combination  or  conspiracy 
without  having  first  procured  the  license  hereinafter  provided  for,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be 
punished  by  a  fine  not  exceeding  five  thousand  dollars  ($5,000)  or  by 
imprisonment  not  exceeding  one  year,  or  by  both  said  punishments  in  the 
discretion  of  the  court. 

Jurisdiction  in  superior  courts.  Proceedings  in  eciuity.  Temporary  re- 
straining order. 
§  6.  The  several  superior  courts  of  the  state  of  California  are  hereby 
vested  with  jurisdiction  to  prevent  and  restrain  violations  of  this  act; 
and  it  shall  be  the  duty  of  the  several  district  attorneys  of  the  counties 
and  of  the  cities  and  counties  of  the  state  of  California  in  their  respec- 
tive counties  and  in  their  respective  cities  and  counties,  under  the  direc- 
tion of  the  attorney  general  of  the  state  of  California,  to  institute 
proceedings  in  equity  to  prevent  and  restrain  such  violations.  Such  pro- 
ceedings may  be  by  way  of  petition  setting  forth  the  case  and  praying 
that  such  violation  shall  be  enjoined  or  otlierwise  prohibited,  and  may  be 
brought  in  any  county  or  city  and  county  in  which  the  defendant  or  any 
one  of  the  defendants  resides,  or  in  which  such  unlawful  act  or  any  overt 
act  in  pursuance  of  such  unlawful  contract,  combination,  arrangement  or 
conspiracy  was  committed,  or  in  which  the  defendant  or  any  one  of  the 
defendants  has  his  or  its  principal  place  of  business.  When  the  parties 
complained  of  shall  have  been  duly  notified  of  such  petition,  the  court 
shall  proceed,  as  soon  as  may  be,  to  the  hearing  and  determination  of  the 
case;  and  pending  such  petition,  and  before  final  decree,  the  court  may 
at  any  time  make  such  temporary  restraining  order  or  prohibition  as  shall 
be  deemed  just  in  the  premises. 

Person  injured  may  recover  damages. 

§  7.  Any  person  who  shall  be  injured  in  his  business  or  property  by  any 
other  person  or  corporation  or  association  of  persons  b}'  reason  of  any- 
thing forbidden  or  declared  to  be  unlawful  by  this  act,  ma^-  sue  therefor 
in  any  superior  court  of  the  state  of  California  in  the  county,  or  in  the 
city  and  county,  in  which  the  defendant  or  any  one  of  the  defendants 


1627  OIL.  Act  2560,  §§  8-12 

resides,  or  in  wMch  such  unlawful  act,  or  any  overt  act  in  pursuance  of 
such  unlawful  contract,  combination  or  conspiracy  was  committed,  or  in 
which  the  defendant,  or  any  one  of  the  defendants,  has  his  or  its  prin- 
cipal place  of  business,  and  such  petitioner  shall  recover  threefold  the 
damages  by  him  sustained  and  the  costs  of  suit,  including  a  reasonable 
attorney's  fee. 

"Person"  defined. 

§  8.  That  the  word  "person"  wherever  used  in  this  act  shall  be  deemed 
to  include  corporations  and  associations  existing  under,  or  authorized  by 
the  laws  of  either  the  United  States  or  the  state  of  California,  or  any  of 
the  territories,  or  of  any  state  or  of  any  foreign  country. 

"Common  carrier  railroad"  defined. 

§  9.  That  the  words  "common  carrier  railroad"  wherever  used  in  this 
act,  when  the  context  so  permits,  shall  be  deemed  to  include  any  corpora- 
tion, individual  or  association  of  individuals,  either  directly  or  indirectly 
owning,  operating,  managiijg  or  controlling,  or  participating,  either  di- 
rectly or  indirectly  in  the  ownership,  operation,  management  or  control 
of  any  railroad  which  is  operated  as  a  common  carrier  within  the  state 
of  California,  or  of  any  such  railroad,  any  part  of  which  is  operated  in 
the  state  of  California;  and  the  singular  includes  the  plural. 

"Oil  pipe-line"  defined. 

§  10.  That  the  words  "oil  pipe-line"  wherever  used  in  this  act,  when 
the  context  so  permits,  shall  be  deemed  to  include  any  private  corporation, 
individual  or  association  of  individuals,  either  directly  or  indirectly  own- 
ing, operating,  managing  or  controlling  any  pipe-line  or  any  part  of  any 
pipe-line  for  the  transportation  of  crude  oil,  petroleum  or  any  of  the  prod- 
ucts thereof,  or  participating,  either  directly  or  indirectly,  in  the  owner- 
ship, operation,  management  or  control  of  any  such  pipe-line,  or  of  any 
part  of  any  such  pipe-line;  and  the  singular  includes  the  plural. 

§  11.  That  the  term  "oil  pipe-line"  wherever  used  in  this  act,  when 
the  context  so  permits,  also  includes  all  of  the  instrumentalities  by  which 
crude  oil,  petroleum  or  any  of  the  products  thereof  is  transported  by  or 
through  pipe-lines,  in  whole  or  in  part. 

Oil  pipe-lines  adjudged  illegal  may  resume  operation  on  complying  with 
certain  conditions.     license  from  secretary  of  state. 

§  12.  Any  and  every  oil  pipe-line  used  or  operated  or  which  is  or  has 
been  used  or  operated  for  the  transportation  of  crude  oil  or  petroleum 
or  any  of  the  products  thereof,  not  as  a  common  carrier,  under  the  con- 
ditions which  are  declared  to  be  illegal  by  section  2  of  this  act,  or  under 
the  conditions  which  are  declared  to  be  illegal  by  section  3  of  this  act, 
shall  and  must,  before  such  use  or  oj)eration  is  continued,  and  within 
thirty  days  after  this  act  goes  into  eflVct,  either  file  with  the  railroad 
commission  of  the   state   of   California  its   written   consent  to  transport 


Act2560,  §§  13, 14  general  laws.  1628 

cnide  oil,  petroleum  or  the  products  thereof  for  hire  to  and  for  the  pub- 
lic and  as  a  common  carrier  and  public  utility,  together  with  a  schedule 
of  rates  for  the  transportation  of  crude  oil,  petroleum  and  the  products 
thereof  as  a  common  carrier  and  a  public  utility,  in  accordance  with  the 
provisions  of  the  act  known  as  the  "Public  Utilities  Act"  of  the  state  of 
California,  approved  December  23,  1911;  or  failing  to  file  such  written 
consent  to  become  a  common  carrier  and  public  utility,  together  with  such 
schedule  of  rates  with  said  railroad  commission,  such  oil  pipe-line  must, 
on  or  before  the  time  herein  specified  for  such  filing,  either  cease  to 
continue  to  so  operate  or  to  so  transport  crude  oil,  petroleum  or  any  of 
its  products  otherwise  than  as  a  common  carrier;  or  must  file  with  the 
said  railroad  commission  an  application  in  writing  for  permission  to  pro- 
cure a  license  from  the  secretary  of  state  permitting  it  to  continue  to  so 
operate  and  to  so  transport  crude  oil,  petroleum  and  the  products  thereof 
otherwise  than  as  a  common  carrier  and  under  the  conditions  prohibited 
by  section  2  or  section  3  of  this  act,  as  the  case  may  be;  and  its  failure 
to  comply  with  any  of  the  provisions  of  this  section  of  this  act  shall  sub- 
ject it  to  the  penalty  and  punishment  provided  by  section  5  of  this  act, 
and  to  the  liabilities  provided  by  any  and  every  of  the  other  sections  of 
this  act.  But  nothing  contained  in  this  act  shall  be  construed  to  author- 
ize or  permit  any  contract,  combination  in  form  of  trust  or  otherwise,  or 
arrangement  of  any  kind,  implied,  tacit  or  otherwise,  or  conspiracy  such 
as  is  denounced  or  prohibited  by  sections  1,  2  and  3  of  this  act,  or  any 
of  such  sections,  to  be  hereafter  made  or  entered  into,  or  if  so  hereafter 
unlawfully  made  or  entered  into,  to  permit  the  same,  or  any  of  the  same, 
to  be  executed  or  performed  under  a  license,  or  otherwise,  or  at  all. 

Facts  set  forth  in  application. 

§  13.  The  application  by  such  oil  pipe-line  for  a  permit  to  procure  a 
license  as  provided  for  in  section  12  of  this  act,  to  permit  it  to  continue 
to  transport  crude  oil,  petroleum  or  any  of  its  products  so  as  aforesaid, 
otherwise  than  as  a  common  carrier,  shall  describe  in  a  general  way  the 
oil  pipe-line  for -the  continued  maintenance  and  operation  of  which  such 
license  is  desired,  stating  the  terminal  points  of  such  oil  pipe-line  and  the 
county  and  counties  through  which  the  same  is  constructed  and  main- 
tained, and  the  aggregate  number  of  miles  thereof  in  each  of  such  coun- 
ties, and  as  nearly  as  may  be,  the  places  at  which  such  oil  pipe-line  is 
constructed  or  maintained  over  and  along  the  right  of  way  of  such  common 
carrier  railroad,  and  the  approximate  distance  thereof  at  each  of  such 
places,  and  such  application  shall  also  set  forth  the  name  of  the  private 
corporation,  individual  or  association  of  individuals  owning,  operating, 
managing  or  controlling,  either  directly  or  indirectly,  such  oil  pipe-line 
and  each  and  every  part  thereof. 

Authority  of  secretary  of  state  to  issue  license. 

§  li.  The  railroad  commission  may  authorize  in  writing  the  secretary 
of  state  to  issue  a  license  to  such  oil  pipe-line;  and  the  license  when  so 

\ 


1629  OIL.  Act2560,  §§15, 16 

issued  by  tlie  secretary  of  state  shall  describe  such  oil  pipe-line  as  the 
same  is  described  in  such  application  so  filed  with  said  railroad  commis- 
sion. At  the  time  of  procuring  such  license,  the  sum  of  two  hundred  fifty 
dollars  ($250)  must  be  paid  to  the  secretary  of  state  by  such  licensee. 

Monthly  report  of  oil  transported.     Fifty  cents  per  barrel  due  state. 

§  15.  Every  oil  pipe-line  required  to  procure  the  license  hereinbefore 
provided  for  shall  file  with  the  railroad'  commission  of  the  state  of  Cali- 
fornia on  or  before  the  tenth  day  of  each  calendar  month,  including  and 
following  the  second  calendar  month  after  this  act  goes  into  effect,  and 
in  such  form  as  said  railroad  commission  shall  require,  a  full,  true  and 
correct  report  showing  the  number  of  barrels  (forty-two  gallons  to  the 
barrel)  of  crude  oil,  petroleum  or  any  of  the  products  thereof  which  were 
transported  through  such  pipe-line,  or  any  part  thereof,  during  the  pre- 
ceding calendar  month.  Such  report  shall  be  subscribed  by  such  licensee 
or  by  its,  his  or  their  agent  duly  appointed  in  writing  for  such  purpose, 
and  shall  be  accompanied  by  the  affidavit  of  such  subscriber  stating  in 
substance  and  effect  that  he  knows  the  contents  thereof,  and  that  he  has 
had  free  access  to  the  books  and  vouchers  of  such  licensee  relating  to 
the  same  for  the  purpose  of  determining  the  truth  of  the  statements  con- 
tained therein,  and  that  such  statements,  and  each  and  all  thereof  are 
true  according  to  his  best  information  and  belief.  Said  railroad  com- 
mission shall  examine  said  sworn  report,  and  if  it  shall  have  no  reason 
to  doubt  the  correctness  of  the  same,  shall,  within  not  less  than  ten  days 
thereafter,  certify  it  to  the  secretary  of  state,  and  thereupon  there  shall 
immediately  become  due  and  payable  to  the  people  of  the  state  of  Cali- 
fornia at  the  office  of  the  secretary  of  state,  the  sum  of  fifty  cents  ($.50) 
for  each  such  barrel  of  crude  oil,  petroleum  or  any  of  the  products  thereof 
so  transported  through  such  oil  pipe-line.  The  delivery  of  such  certified 
report  by  the  railroad  commission  to  the  secretary  of  state  shall  be  deemed 
notice  as  of  the  date  of  such  filing  to  said  licensee  of  the  amount  due  as 
a  license  fee  for  such  calendar  month,  under  the  provisions  of  this  act. 

Railroad  commission  may  examine  witnesses,  etc.,  as  to  correctness  of 
report.  Revocation  of  license. 
§  16.  Whenever  the  railroad  commission  shall  entertain  any  doubt  of 
the  correctness  of  such  repoTt  so  filed  with  it,  said  railroad  commission 
may  subpoena  the  subscriber  of  such  sworn  report,  and  require  him  to 
bring  before  the  said  commission  the  books  and  vouchers  from  which  he 
secured  the  information  set  forth  in  said  report,  and  may  examine  him 
under  oath,  and  may  subpoena  such  other  witnesses  and  hear  such  other 
testimony  in  relation  to  such  matter  as  it  deems  competent,  material  and 
relevant,  and  said  commission  shall  proceed  summarily  in  the  matter  anil 
determine  the  true  and  correct  number  of  such  barrels  of  crude  oil, 
petroleum  or  any  of  the  products  thereof  which  were  so  transported  by 
such  licensee  through  such  oil  ])ipe-line,  and  shall  thereupon  certify  to  the 
secretary  of  state  its  finding  of  the  number  of  such  barrels,  and  thereupon 


Act  2560,  §§  17-19  general  laws.  1630 

there  shall  immediately  become  due  and  payable  to  the  people  of  the  state 
of  California,  at  the  office  of  the  secretary  of  state,  the  sum  of  fifty  cents 
($.50)  for  each  of  such  barrels  of  crude  oil,  petroleum  or  any  of  the 
products  thereof  so  transported  through  such  oil  pipe-line.  The  delivery 
of  such  certified  finding  by  the  railroad  commission  to  the  secretary  of 
state  shall  be  deemed  notice  as  of  the  date  of  such  filing  to  said  licensee 
of  the  amount  due  from  such  licensee  as  a  license  fee  under  the  provisions 
of  this  act.  The  railroad  commission  may  revoke  the  license  of  such 
licensee  if,  upon  such  hearing,  it  finds  that  any  material  statement  con- 
tained in  such  sworn  report  is  false,  and  that  such  falsity  was  known  to 
Buch  licensee  at  the  time  such  report  was  filed  with  said  railroad  com- 
mission, or  that  said  licensee  had  reason  to  believe  at  such  time  that 
such  report  was  false  in  any  particular,  or  if  it  finds  that  such  licensee 
willfully  aided  or  abetted  the  making  of  such  false  report,  either  directly 
or  indirectly,  in  any  manner  whatsoever;  and  said  railroad  commission 
may  thereupon  direct  the  secretary  of  state  to  revoke  such  licen?e  and 
prohibit  him  from  renewing  the  same  and  from  issuing  any  new  license 
to  such  oil  pipe-line  within  one  year  from  the  time  the  same  was  revoked. 

Penalty. 

§  17.  Every  oil  pipe-line,  and  every  agent,  attorney  or  employee  of 
the  same  who  knowingly  or  willfully  violates  or  fails  to  comply  with, 
or  who  knowingly  or  willfully  aids  and  abets  any  violation  of  any  of  the 
provisions  of  this  act,  or  who  knowingly  and  willfully  fails  to  observe, 
obey  or  comply  with  any  order,  decision,  rule,  direction,  demand  or  re- 
quirement, or  any  part  or  provision  thereof,  of  the  said  railroad  commis- 
sion, or  who  knowingly  or  willfully  procures,  aids  or  abets  any  failure  to 
observe,  obey  or  comply  therewith,  is  guilty  of  a  misdemeanor  and  is 
punishable  by  a  fine  not  exceerling  five  thousand  dollars  ($5,000),  or  by 
imprisonment  in  the  county  jail  not  exceeding  one  year,  or  by  both  such 
fine  and  imprisonment. 

Failure  to  pay  license  fees. 

§  18.  Any  failure  on  the  part  of  any  licensee  to  pay  within  twenty 
(20)  days  after  the  same  becomes  due,  the  license  fees  or  any  portion 
thereof  as  required  by  and  provided  in  the  provisions  of  this  act,  shall 
operate  to  forfeit,  ipso  .facto,  such  license,  and  to  deprive  such  licensee  of 
the  right  to  continue  to  so  transport,  otherwise  than  as  a  common  carrier, 
any  crude  oil,  petroleum  or  any  of  the  products  thereof  through  such  oil 
pipe-line. 

Fees  due  become  lien  on  oil  pipe-line. 

§  19.  The  license  fee,  and  each  installment  thereof,  in  this  act  pro- 
vided for,  upon  the  same  becoming  due,  as  herein  provided,  is  hereby 
declared  to  be  a  lien  upon  the  whole  of  the  oil  pipe-line,  for  the  privilege 
of  maintaining  and  operating  which  said  license  is  procured,  as  described 
in  the  application  for  such  license,  from  the  time  that  such  license  fee, 
and  each  installment  thereof  becomes  due  and  paj'able;  and  such  lien  shall 


1631  OPTOMETRY.        Acts  2573, 2574 

be  enforceable  in  the  same  way  that  tax  liens  in  the  state  of  California 
are  enforceable,  and  by  the  same  procedure  in  so  far  as  the  same  is  or  can 
be  made  applicable  hereto. 

Licensees  exempt  from  monthly  license  fees. 

§  20.  Any  and  every  licensee  under  this  act  who  pays  a  license  fee  of 
not  less  than  fifty  cents  ($.50)  per  barrel  of  forty-two  (42)  gallons  each, 
to  the  state  of  California  under  any  other  law  of  this  state  for  the  privilege 
of  transporting  or  of  engaging,  either  directly  or  indirectly,  in  the  busi- 
ness of  transporting  crude  oil,  petroleum  or  any  of  the  products  thereof 
through  a  pipe-line  or  pipe-lines,  is  hereby  exempted  and  relieved  from 
the  payment  of  the  monthly  license  fees  herein  provided  for  by  this  act. 

Constitutionality  of  act. 

§  21.  If  any  section,  subsection,  sentence,  clause  or  phrase  of  this 
act  is  for  any  reason  held  to  be  unconstitutional,  such  decision  shall  not 
affect  the  validity  of  the  remaining  portions  of  this  act.  The  legislature 
hereby  declares  that  it  would  have  passed  this  act  and  each  section,  sub- 
section, sentence,  clause  or  phrase  thereof  irrespective  of  the  fact  that  any 
one  or  more  sections,  subsections,  sentences,  clauses  or  phrases  be  declared 
unconstitutional. 

TITLE  362. 
OPTOMETBY. 
ACT  2573. 

An  act  to  regulate  the  practice  of  optometry  and  for  the  appointment  of 
a  board  of  examiners  in  the  matter  of  said  regulation.     [Approved 
March  20,  1903.     Stats.  1903,  p.  285.] 
Amended  1907,  p.   63;   1909.  p.   775. 
Repealed   June   16,    1913    (Stats.   1913,    p.   1103). 
See  Act  2574,  post. 

ACT  2574. 

An  act  to  regulate  the  practice  of  optometry;  to  provide  for  the  appoint- 
ment of  a  board  of  optometry,  define  its  duties  and  powers  and  pre- 
scribing a  penalty  for  the  violation  of  this  act. 

[Approved  June  16,  1913.     Stats.  1913,  p.  1097.] 

Optometrists  must  register. 

§  1.  It  shall  be  unlawful  for  any  person  to  engage  in  the  practice  of 
optometry  or  to  display  a  sign  or' in  any  other  way  advertise  or  hold 
himself  out  as  an  optician  or  optometrist  without  having  first  obtained 
a  certificate  of  registration  from  the  state  board  of  optometry  as  pro- 
vided for  in  this  act  or  under  the  provisions  of  a  certain  act  entitled  "An 
act  to  regulate  the  practice  of  optometry  and  for  the  appointment  of  a 
board  of  examiners  in  the  matter  of  said  regulation,"  approved  March  20, 
1903,  and  acts  amendatory  thereof. 


Act  2574,  §§2^  GENERAL   LAWS.  1632 

Optometry  defined. 

§  2.  The  practice  of  optometry  is  hereby  defined  to  be  the  employment 
of  any  means  other  than  the  use  of  drugs  for  the  measurement  of  the 
powers  or  range  of  human  vision  or  the  determination  of  the  accommoda- 
tive and  refractive  states  of  the  human  eye  or  the  scope  of  its  functions 
in  general  or  the  adaptation  of  lenses  or  frames  for  the  aid  thereof. 

Board  of  optometry  created.     Term.     Persons  not  eligible. 

§  3.  A  board  is  hereby  created  to  be  known  as  the  state  board  of 
optometry  which  shall  consist  of  three  members  appointed  by  the  gov- 
ernor. No  person  shall  be  eligible  to  appointment  who  is  not  a  registered 
optometrist  of  the  state  of  California  and  actually  engaged  in  the  prac- 
tice of  optometry  at  the  time  of  such  appointment.  Each  of  the  members 
shall  hold  office  for  a  term  of  six  years  or  until  his  successor  is  appointed 
and  qualified  and  shall  be  so  classified  that  one  member  of  said  board 
shall  retire  every  two  years.  The  present  members  of  the  California 
state  board  of  examiners  in  optometry  appointed  under  the  provisions  of 
the  act  in  section  number  1  hereof  referred  to,  shall  continue  to  serve  and 
act  as  members  of  the  state  board  of  optonietr}',  but  under  the  provisions 
of  this  act  during  their  respective  terms  or  until  their  successors  are 
appointed  and  qualified.  No  person  shall  be  eligible  to  membership  in  the 
said  state  board  of  optometry  who  shall  be  a  stockholder  in,  or  owner  of, 
or  a  member  of  the  faculty  of  or  of  the  board  of  trustees  of  any  school 
of  optometry'  or  who  shall  be  financially  interested  directly  or  indirectly 
in  any  concern  manufacturing  or  dealing  in  optical  supplies  at  wholesale. 
No  member  of  the  board  shall  be  financially  interested  in  any  purchase 
or  contract  in  which  the  board  is  interested.  No  member  of  the  board 
shall  be  financially  interested  in  the  sale  of  any  propertj'  or  optical  sup- 
plies to  any  prospective  candidate  for  examination  before  the  board. 

Powers  and  duties. 

§  4.  The  powers  and  duties  of  the  said  state  board  of  examiners  in 
optometry  shall  be  as  follows: 

Organize  board. 

1.  To  organize  and  elect  from  their  members  a  president  and  secretary 
of  said  board  who  shall  hold  office  for  one  year  or  until  the  election  and 
qualification  of  a  successor;  to  adopt  and  use  a  common  seal,  and  estab- 
lish a  permanent  office.  The  secretary  of  the  said  board  before  entering 
into  the  discharge  of  his  duties  shall  execute  a  good  and  sufficient  bond 
to  the  state  of  California  in  the  sum  of  one  thousand  dollars  conditioned 
for  the  faithful  performance  of  his  duties  as  such  secretary.  He  shall 
receive  all  fees  and  moneys  paid  to  the  board;  keep  all  the  records  of  the 
board  and  discharge  such  other  duties  as  the  board  shall  from  time  to 
time  prescribe. 

Make  disbursements.     Year-book.     Compensation. 

2.  To  make  all  necessary  disbursements  to  carry  out  the  provisions  of 
this  act,  but  only  upon  the  signature  of  the  president  and  secretary  of 


1633  OPTOMETRY.  Act  2574,  §  4 

the  said  board  and  only  from  the  state  optometry  fund,  including  pay- 
ment for  the  bond  of  the  secretary  of  said  board;  payment  for  stationery 
supplies;  necessary  optical  instruments  to  be  used  in  the  conduct  of  ex- 
aminations which  shall  be  the  property  of  the  state;  the  printing  and  cir- 
culating to  all  optometrists  in  the  state,  once  a  year,  a  year-book  con- 
taining the  names  and  addresses  of  all  optometrists  in  this  state;  a  per 
diem  of  ten  dollars  for  each  member  of  the  said  board  for  each  day  actu- 
ally spent  in  the  performance  of  his  duties  as  such,  and  mileage  of  five 
cents  per  mile  for  all  distances  necessarily  traveled  in  going  to  and 
coming  from  the  meetings  of  said  board,  in  full  compensation  for  all 
services;  per  diems  shall  not  exceed  one  for  any  calendar  day  and  shall 
not  exceed  two  in  any  one  calendar  month,  except  that  in  months  when 
examinations  are  being  held  per  diems  may  be  allowed  for  not  to  exceed 
six  days  in  any  such  month.  Additional  compensation  may  be  allowed 
the  secretary  not  to  exceed  fifty  dollars  per  month. 

Prosecute  violators. 

3.  To  employ  agents,  attorneys  and  inspectors  to  secure  evidence  of, 
report  on,  and  prosecute  to  conviction  all  violations  of  this  act  and  to 
employ  other  necessary  assistants  in  the  carrying  out  of  the  provisions  of 
this  act.     No  state  officer  shall  be  eligible  to  employment  by  the  board. 

Meetings. 

4.  To  hold  regular  meetings  at  least  twice  a  year  at  which  an  examina- 
tion of  applicants  for  certificates  of  registration  shall  be  held  at  such 
places  as  the  board  shall  from  time  to  time  designate  and  special  meetings 
upon  request  of  a  majority  of  the  members  of  said  board  or  upon  the  call 
of  the  president. 

Record  of  proceedings. 

5.  To  keep  an  accurate  record  of  all  the  proceedings  of  the  board  and 
of  all  its  meetings,  of  all  receipts  and  disbursements  with  vouchers  for 
all  disbursements,  and  of  all  prosecutions  for  violations  of  this  act,  and 
of  all  examinations  held  for  applicants  for  certificates  of  registration 
with  the  names  and  addresses  of  all  persons  taking  examinations  and 
their  success  or  failure  to  pass  such  examinations.  To  keep  an  accurate 
inventory  of  all  property  of  the  board  and  of  the  state  in  the  possession 
of  the  board  and  to  obtain  a  receipt  therefor  from  its  successor.  All  the 
records  of  the  board  shall  be  public  and  shall  be  kept  in  the  office  of  the 
board. 

Visit  schools. 

G.  To  visit  and  examine  public  schools  wherein  the  science  of  optometry 
is  taught  in  this  state  and  accredit  such  public  schools  as  shall  have  been 
found  by  such  board  to  give  a  sufficient  course  of  study  for  the  prepara- 
tion of  optometrists. 
103 


Act  2574,  §  5  GENERAL   LAWS.  1634 

Keep  register. 

7.  To  keep  a  register  of  optometrists  which  shall  contain  the  names 
and  addresses  of  all  persons  to  whom  certificates  of  registration  have  been 
issued  in  the  state  of  California,  together  with  the  date  of  the  issuance 
of  such  certificates  and  the  place  or  places  of  business  in  which  each 
optometrist  is  engaged,  and  all  renewals,  revocations  and  suspensions 
thereof. 

Grant,  etc.,  certificates. 

8.  To  grant  or  refuse  to  grant  certificates  of  registration  as  herein  pro- 
vided and  to  revoke  the  certificate  of  registration  of  any  optometrist  for 
any  of  the  causes  specified  in  section  11  hereof. 

Administer   oaths   and   take   testimony. 

9.  To  administer  oaths  and  take  testimony  upon  granting  and  revoking 
or  suspending  any  certificate  of  registration. 

Make  rules. 

10.  To  make  rules  for  the  procedure  of  the  board  and  for  the  conduct 
and  government  of  applicants  for  certificates  of  registration  as  optome- 
trists not  inconsistent  with  the  provisions  of  this  act. 

Reports. 

11.  To  report  to  the  governor  annually  on  the  first  Monday  in  January 
in  each  year  giving  an  accurate  account  of  the  work  of  the  board  during 
the  preceding  year  with  a  statement  of  all  moneys  received  and  paid  out 
pursuant  to  this  act. 

Application  for  registration.     Fee.     Public  schools  defined. 

§  5.  Any  person  over  the  age  of  legal  majority  desiring  to  engage  in 
the  practice  of  optometry  in  this  state  may  file  an  application  duly  veri- 
fied by  his  oath  for  an  examination  before  said  board  or  for  a  certificate 
of  registration  without  examination  as  hereinafter  provided,  such  applica- 
tion to  be  filed  with  the  secretary  of  said  board  at  least  two  weeks  prior 
to  the  date  of  any  meeting  at  which  an  examination  is  to  be  held  and 
shall  set  forth  the  following: 

(a)  The  name,  age,  and  address  of  the  applicant. 

(b)  The  name  of  the  optometry  school  attended,  if  any,  and  for  what 
period  of  time  such  school  was  attended  by  the  applicant. 

(c)  The  previous  experience,  if  any,  of  the  applicant  in  the  practice  or 
in  assisting  in  the  practice  of  optometry. 

(d)  A  statement  of  the  previous  examinations,  if  anj-,  taken  before  the 
board  and  the  dates  of  such  examinations. 

Such  ap]ilication  shall  be  accompanied  by  a  fee  of  twenty  dollars.  In 
case  an  applicant  for  a  certificate  of  registration  has  attended  a  public 
school  of  optometry,  accredited  as  provided  in  section  4,  subdivision  6  of 
this  act,  and  shall  accompany  his  application  with  a  certificate  from  such 
accredited  school  acknowledged  before  an  ofiicer  authorized  to  take  ac- 


1635  OPTOMETRY.        Act  2574,  §§  6, 7 

knowledgments,  showing  the  applicant  to  have  successfully  completed  one 
year's  work  in  such  school,  the  board  shall  issue  to  him  a  certificate  en- 
titling him  to  practice  optometry  in  the  state  of  California  without 
examination. 

Public  schools  within  the  meaning  of  this  act  are  schools  maintained  as 
part  of  the  public  school  system  of  the  state  by  public  funds,  and  fur- 
nishing free  instruction,  and  none  other. 

Exajninations  twice  a  year.     Successful  applicants  registered. 

§  6.  Examinations  shall  be  held  and  given  by  the  board  at  least  twice 
a  year  at  such  time  and  place  as  the  board  may  from  time  to  time  fix 
and  designate  at  least  one  month  prior  to  the  date  of  such  examination; 
provided,  however,  tha,t  one  of  such  examinations  shall  be  held  in  the 
city  and  county  of  San  Francisco  commencing  with  the  third  Monday  in 
March  of  each  year,  and  the  other  in  the  city  of  Los  Angeles  commencing 
with  the  third  Monday  in  September  of  each  year.  At  such  examinations 
the  board  shall  examine  applicants  in  the  anatomy  of  the  eye,  in  normal 
and  abnormal  refractive  and  accommodative  and  muscular  conditions  and 
co-ordination  of  the  eye,  in  subjective  and  objective  optometry,  including 
the  fitting  of  glasses,  the  principles  of  lens  grinding  and  frame  adjusting, 
and  in  such  other  subjects  as  pertain  to  the  science  and  practice  of 
optometry,  such  subjects  to  be  enumerated  in  publication  by  the  board. 
In  case  of  failure,  the  applicant  shall  be  examined  at  the  next  examina- 
tion only  in  the  subjects  in  which  he  failed.  All  such  applicants  without 
discrimination,  who  shall  satisfactorily  pass  such  examination  shall  there- 
upon be  registered  in  the  board's  register  of  optometrists  and  a  certificate 
of  registration  shall  be  issued  to  them,  under  the  seal  and  signature  of 
the  members  of  said  board  upon  payment  of  a  fee  of  five  dollars.  Such 
certificate  shall  continue  in  force  until  the  first  day  of  August  in  the  year 
next  succeeding. 

Notice  to  board  of  place  where  practicing.  Annual  fee.  Receipt  to 
customer. 
§  7.  Before  engaging  in  the  practice  of  optometry  it  shall  be  the  duty 
of  each  registered  optometrist  to  notify  the  board  in  writing  of  the  place 
or  places  where  he  is  to  engage  or  intends  to  engage  in  the  practice  of 
optometry  and  of  any  changes  in  his  place  of  business,  and  any  notice  re- 
quired to  be  given  by  the  board  to  any  registered  optometrist  may  be 
given  by  mailing  to  such  address  through  the  United  States  mail,  post- 
paid. Each  registered  optometrist  shall  annually  on  or  before  the  first' 
day  of  August  of  each  year  pay  to  the  secretary  of  said  board  a  fee  of 
two  dollars  for  a  renewal  of  his  registration  certificate  and  shall  keep  such 
certificate  conspicuously  posted  in  his  office  or  place  of  business  at  all 
times;  a  period  of  thirty  days'  grace  shall  be  allowed  after  the  first  of 
August,  during  which  registration  certificates  may  be  renewed  on  payment 
of  the  fee  of  five  dollars.  Any  registered  optometrist  who  shall  tempo- 
rarily practice  optometry  outside  or  away  from  his  regular  registered  place 


Act  2574,  §§8-10  general  laws.  1636 

of  business  shall  deliver  to  each  customer  or  person  there  fitted  or  sup- 
plied with  glasses  a  receipt  which  shall  contain  his  signature  and  show 
his  permanent  registered  place  of  business  and  the  number  of  his  certifi- 
cate, together  with  a  specification  of  the  lenses  furnished  and  the  amount 
charged  therefor. 

Certificates  filed  with  comity  clerk.     Failure  forfeits  certificate. 

§  8.  All  recipients  of  said  certificate  of  registration  shall  present  the 
same  for  filing  to  the  clerk  of  the  county  in  which  they  reside,  and  shall 
pay  a  fee  of  fifty  cents  to  the  clerk  for  recording  the  same.  Said  clerk 
shall  record  said  certificate  in  a  book  to  be  provided  by  him  for  that  pur- 
pose. Any  person  so  licensed  removing  his  residence  from  one  county  to 
another  in  this  state,  shall,  before  engaging  in  the  practice  of  optometry 
in  such  other  county,  obtain  from  the  clerk  of  the  county  in  which  said 
certificate  of  registration  is  recorded  a  certified  copy  of  such  certificate  of 
registration,  and  shall  before  commencing  practice  in  such  county,  file  the 
same  for  record  with  the  clerk  of  the  county  to  which  he  removes  and  pay 
the  clerk  of  said  county  for  recording  the  same  a  fee  of  fifty  cents.  Any 
failure,  neglect  or  refusal  on  the  part  of  any  person  holding  such  certifi- 
cate of  registration,  or  certified  copy  of  such  certificate  of  registration, 
to  record  the  same  as  hereinabove  provided,  for  six  months  after  the  issu- 
ance of  said  certificate  of  registration,  or  from  the  date  or  removal  of  resi- 
dence shall  ipso  facto  work  the  forfeiture  of  his  certificate  of  registration, 
and  it  shall  not  be  restored  except  upon  the  payment  of  twenty-five  dol- 
lars to  the  California  state  board  of  examiners  in  optometry. 

Penalty.     Disposition  of  fines. 

§  9.  Any  person  who  shall  violate  any  of  the  provisions  of  this  act 
shall  be  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be 
fined  not  less  than  fifty  dollars  nor  more  than  two  hundred  and  fifty 
dollars  or  by  imprisonment  for  not  less  than  one  month  or  more  than 
three  months  for  the  first  offense  and  for  the  second  offense  by  a  fine  of 
not  less  than  two  hundred  and  fifty  dollars  nor  more  than  one  thousand 
dollars  or  by  imprisonment  in  the  county  jail  for  not  less  than  six  months 
nor  more  than  one  year.  All  fines  and  forfeitures  collected  or  received 
for  violations  of  or  in  prosecutions  under  this  act  shall  be  paid  one-half 
to  the  state  treasurer  for  the  benefit  of  the  state  optometry  fund  without 
demand  and  one-half  to  the  school  fund  of  the  city  or  county  where  the 
prosecution  is  had.  In  any  prosecution  for  a  violation  of  section  1, 
hereof  the  use  of  test  cards,  test  lenses,  or  of  trial  frames  shall  be  prima 
facie  evidence  of  the  practice  of  optometry.  Trial  frames  and  test  lenses 
within  the  meaning  of  this  act  shall  be  any  frame  or  lens  used  in  testing 
the  eye  which  is  not  sold  and  not  for  sale  to  customers. 

Persons  not  affected  by  act. 

§  10.  The  provisions  of  this  act  shall  not  be  construed  to  prevent  duly 
licensed  physicians  and  surgeons  from  treating  or  fitting  glasses  to  the 
human  eye;  nor  to  prohibit  the  sale  of  complete  ready-to-wear  eyeglasses 


1637  OPTOMETRY.  Act  2574,  §§  101/2, 11 

as  merchandise  from  a  permanent  place  of  business  in  good  faith  and  not 
in  evasion  of  this  act  by  any  person  not  holding  himself  out  as  compe- 
tent to  examine  and  prescribe  for  the  human  eye. 

Unlawful  to  sell,  etc.,  certificates  of  registration. 
§  101/2-     It  shall  be  unlawful  for  any  person; 

1.  To  sell  or  barter,  or  offer  to  sell  or  barter  any  certificate  of  registra- 
tion issued  by  the  state  board  of  optometry;  or 

2.  To  purchase  or  procure  by  barter  any  such  certificate  of  registration 
with  intent  to  use  the  same  as  evidence  of  the  holder's  qualification  to 
practice  optometry;  or 

3.  To  alter  with  fraudulent  intent  in  any  material  regard  such  certifi- 
cate of  registration;  or 

4.  To  use  or  attempt  to  use  any  such  certificate  of  registration  which 
has  been  purchased,  fraudulently  issued,  counterfeited  or  materially  al- 
tered as  a  valid  certificate  of  registration;  or 

5.  To  practice  optometry  under  a  false  or  assumed  name;  or 

6.  To  willfully  make  any  false  statement  in  a  material  regard  in  an 
application  for  an  examination  before  the  state  board  of  optometry 
or  for  a  certificate  of  registration;  or 

7.  To  practice  optometry  in  the  state  of  California  without  having  at 
the  time  of  so  doing  a  valid  unrevoked  certificate  of  registration  as  an 
optometrist;  or 

8.  To  advertise  by  displaying  a  sign  or  otherwise  or  hold  himself  out 
to  be  an  optometrist  or  optician  without  having  at  the  time  of  so  doing 
a  valid  unrevoked  certificate  of  registration  from  the  said  state  board 
of  optometry. 

Grounds  for  revoking  certificates.    Unprofessional  conduct, 

§  11.  Any  person  registered  as  provided  for  in  this  act  may  have  his 
certificate  of  registration  revoked  or  suspended  for  a  fixed  period  by  the 
state  board  of  optometry  for  any  of  the  following  causes: 

1.  His  conviction  of  a  felony  or  misdemeanor  involving  moral  tur- 
pitude, in  which  case  the  record  of  conviction,  or  a  certified  copy  thereof 
certified  by  the  clerk  of  the  court,  or  by  the  judge  in  whose  court  the 
conviction  "is  had,  shall  be  conclusive  evidence  of  such  conviction. 

2.  When  his  certificate  of  registration  has  been  secured  by  fraud  or 
deceit  practiced  upon  the  board. 

3.  For  unprofessional  conduct,  or  for  gross  ignorance  or  inefliciency  in 
his  profession.  Unprofessional  conduct  shall  mean  employing  what  are 
known  as  "cappers"  or  "steerers"  to  obtain  business;  the  obtaining  of  any 
fee  by  fraud  or  misrepresentation;  employing,  directly  or  indirectly  any 
suspended  or  unlicensed  optician  or  optometrist  to  perform  any  work 
covered  by  this  act;  the  advertising  of  optical  business  or  treatment  or 
advice  in  which  untruthful,  improbable,  or  impossible  statements  are 
made;  the  use  in  advertising  of  the  expression  "eye  s[ieci;ilist"  in  connec- 
tion with  the  name  of  such  o|>tonietrist,  unless  the  person  using  the  same 


Act  2574,  §§  12-15  general  laws.  1638 

is  a  regularly  licensed  physician  and  surgeon  under  the  laws  of  this 
state;  or  habitual  intemperance,  or  gross  immorality,  or  shall  permit  an- 
other to  use  his  certificate. 

4.  Who  shall  send  a  solicitor  from  house  to  house  or  who  shall  solicit 
from  house  to  house. 

5.  When  the  holder  is  suffering  from  a  contagious  or  infectious  disease. 

6.  For  any  violation  of  the  provisions  of  this  act. 

Notice  before  revoking.     Setting  aside  revocation. 

§  12.  Before  any  certificate  shall  be  so  revoked  or  suspended,  the 
holder  thereof  shall  have  notice  in  writing  of  the  charge  or  charges 
against  him  and  at  a  date  specified  in  said  notice  at  least  five  days  after 
the  service  thereof,  be  given  a  public  hearing  and  have  an  opportunity  to 
produce  testimony  in  his  favor,  and  to  confront  t'he  witness  against  him. 

The  revocation  or  suspension  of  any  license  revoked  or  suspended  for 
any  of  the  above  causes  except  those  specified  in  1  and  2  of  section  11 
may  be  set  aside  upon  application  of  the  person  whose  license  has  been 
revoked  at  any  time  within  six  months  from  the  date  of  such  revocation 
upon  proof  being  made  to  the  satisfaction  of  said  board  that  the  cause 
of  said  revocation  no  longer  exists  and  that  the  applicant  has  been  suffi- 
ciently punished.  Before  setting  aside  the  revocation  of  any  certificate 
the  board  may  in  its  discretion  require  the  applicant  to  pass  the  regular 
examination  given  for  applicants  for  certificates  of  registration. 

Payment  of  money  into  state  treasury.     Optometry  fund. 

§  13.  It  shall  be  the  duty  of  the  secretar\^  as  soon  as  this  act  takes 
effect,  to  pay  into  the  state  treasury  all  moneys  then  in  his  possession  or 
standing  to  the  credit  of  the  state  board  of  optometry,  and  thereafter  he 
shall,  within  ten  days  after  the  beginning  of  each  month,  report  to  the 
state  controller  all  collections  of  fees  and  all  other  receipts  for  the  pre- 
ceding month,  and  at  the  same  time  he  shall  pay  all  such  amounts  into 
the  state  treasury.  All  such  moneys  shall  be  placed  in  a  fund  to  be 
known  as  the  state  optometry  fund,  which  fund  is  hereby  created,  and 
which  shall  be  for  the  uses  of  the  state  board  of  optometry,  claims  thereon 
to  be  audited  and  paid  in  the  usual  manner.  (An  amount  not  to  exceed 
three  hundred  dollars  may  be  drawn  from  the  fund  herein  created  to  be 
used  as  a  revolving  fund  where  cash  advances  are  necessary;  but  ex- 
penditures from  such  revolving  fund  must  be  substantiated  by  vouchers 
and  itemized  statements  at  the  end  of  each  fiscal  year,  or  at  any  other 
time  when  demand  therefor  is  made  by  the  board  of  control  or  by  the 
controller.) 

Retention  of  funds  for  private  use  a  felony. 

§  14.  Any  member  of  the  board  who  shall  appropriate,  retain  or  use 
for  his  own  private  use  any  of  the  funds  of  the  board  shall  be  guilty 
of  a  felony. 

Title  of  act. 

§  15.  This  act  shall  be  known  and  may  be  cited  as  the  optometry 
law. 


1639  OVERFLOW  DISTRICTS.  Acts  2579-2604 

Repealed. 

§  16.     An  act  entitled  "An  act  to  regulate  the  practice  of  optometry - 
and  for  the  appointment  of  a  board  of  examiners  in  the  matter  of  said 
regulation,"  approved  March  20th,  1903,  is  hereby  repealed. 

TITLE  363. 

ORANGE  COUNTY. 
ACT  2579. 

An   act   to  increase  the  number  of  judges   of  the  superior  court  of  the 
state  of  California,  in  and  for  the  county  of  Orange,  to  provide  for 
the  appointment  of  an  additional  judge  and  for  his  compensation. 
[Approved  June  3,  1913.     Stats.  1913,  p.  375.] 

Judges  in  Orange  county. 

§  1.  The  number  of  judges  of  the  superior  court  of  the  state  of  Cali- 
fornia, in  and  for  the  county  of  Orange,  is  hereby  increased  from  one  to 
two. 

Appointment  of  additional. 

§  2.  Within  ten  days  after  the  taking  effect  of  this  act  the  governor 
shall  appoint  one  additional  judge  of  the  superior  court  of  the  state  of 
California,  in  and  for  the  county  of  Orange,  who  shall  hold  office  until 
the  first  Monday  after  the  first  day  of  January,  A.  D.  1915.  At  the 
next  general  election  to  be  held  November,  1915,  one  judge  of  said  court, 
in  addition  to  the  present  number  provided  by  law  for  said  county,  shall 
be  elected  in  said  county  who  shall  be  the  successor  of  the  judge  ap- 
pointed hereunder  to  hold  office  for  the  term  prescribed  by  the  constitu- 
tion and  by  law. 

Salary. 

§  3.  The  salary  of  said  one  additional  judge  shall  be  the  same  in 
amount,  and  shall  be  paid  at  the  same  time  and  in  the  same  manner  as 
the  salary  of  the  other  judge  of  the  said  superior  court  now  authorized 
by  law. 

TITLE  364. 

ORDINANCES. 
ACT  2583. 

Citations.      App.  8/499,  500,  501,  502,   503,  504, 

TITLE  367a. 
OVERFLOW  DISTRICTS. 
ACT  2604. 

An  act  to  provide  for  the  formation,  government  and  control  of  overflow 

districts. 
[Apiiroved  May   1,   1911.     Stats.  1911,  p.   1397.] 


Act  2604,  §§  1-6  GENERAL   LAWS.  1640 

Petition  to  form  oveirflow  district. 

§  1.  Whenever  one-half  or  more  of  the  voters  residing  within  a  pro- 
posed district  of  swamp,  overflow,  or  other  lands  lying  within  this  state, 
one-third  or  more  of  which  lands  are  liable  to  be  flooded  by  the  waters 
of  any  stream  or  lake,  and  more  than  one-half  of  said  lands  requiring  irri- 
gation during  a  portion  of  the  year,  susceptible  of  one  mode  of  irrigation 
and  reclamation,  desire  to  reclaim  and  irrigate  the  same,  they  may 
present  to  the  board  of  supervisors  of  the  county  in  which  the  lands  or 
the  greater  part  thereof  are  situated,  at  a  regular  meeting  of  the  board, 
a  petition  setting  forth  that  they  propose  to  form  an  "overflow  district  of 
the  same. 

Description  of  land. 

§  2.  Such  petition  must  contain  a  description  of  the  lands  by  legal 
subdivisions,  or  by  other  boundaries,  or  by  subdivisions  shown  upon  a  map 
recorded  in  the  counties  in  which  such  lands  are  situated;  the  approxi- 
mate number  of  acres  in  the  proposed  district,  and  each  tract,  with  the 
names  (if  known)  of  the  owners  thereof,  and  designate  as  unsold  any 
lands  not  reduced  to  private  ownership. 

Affidavit  of  three  signers. 

§  3.  Said  petition  must  be  accompanied  by  the  affidavit  of  at  least 
three  signers  thereto,  showing  that  not  less  than  one-third  of  the  land 
is  subject  to  overflow,  and  that  all  of  the  land  described  in  the  petition 
can  either  be  irrigated  or  reclaimed,  or  irrigated  and  reclaimed  by  one 
mode  of  irrigation  and  reclamation. 

Certificate  of  county  clerk. 

§  4.  Said  petition  must  also  be  accompanied  by  a  certificate  of  the 
county  clerk  of  the  proper  county,  showing  that  the  names  of  the  signers 
of  said  petition  are  on  the  last  great  register  of  the  precinct  or  precincts 
in  which  the  proposed  district  is  situated. 

Petition  published  two  weeks  before  hearing. 

§  5.  Such  petition  must  be  published  for  two  weeks  next  preceding  the 
nearing  thereof  in  some  newspaper  publislied  in  the  proposed  district, 
or  if  no  newspaper  is  published  therein,  then  in  some  newspaper  having 
a  general  circulation  in  said  district,  and  an  affidavit  of  such  publication 
must  be  filed  with  said  board  of  supervisors  at  or  before  the  hearing  of 
said  petition. 

Order  of  approval. 

§  6.  If  such  board  of  supervisors  find,  on  hearing  the  petition,  that 
its  statements  are  correct,  they  must  make  an  order  approving  the  same 
and  establishing  the  district.  If  it  be  shown  that  any  land  has  been 
improperly  included  in  the  proposed  district,  they  must  reform  the 
boundaries  of  such  district  according]}'  in  their  order.  The  order  of  ap- 
proval must  be  signed  by  the  chairman,  and  attested  by  the  clerk  of  said 
board;  and  a  copy  thereof  attached  to  the  petition. 


1641  OVERFLOW  DISTRICTS.  Act  2604,  §§  7-13 

Order  to  be  recorded. 

§  7.  After  the  approval  of  the  petition  by  the  board  of  supervisors  of 
the  county  in  which  the  greater  part  of  the  district  is  situated,  the  order 
establishing  the  district,  or  a  certified  copy  thereof,  must  be  recorded  in 
the  office  of  the  county  recorder  of  each  county,  in  which  any  portion  of 
the  lands  embraced  in  the  district  are  situated,  in  a  book  kept  for  the  pur- 
pose of  recording  papers  relative  to  overflow  districts,  and  a  certified  copy 
thereof  forwarded  to  the  register  of  the  state  land  office  by  the  recorder  of 
the  county  in  which  the  district  was  formed. 

Freeholders  appointed  trustees. 

§  8.  Said  board  of  supervisors  of  said  county  must  thereafter,  upon  the 
application  of  ten  or  more  qualified  voters  of  the  district,  appoint  three 
eligible  freeholders  to  act  as  trustees  until  their  successors  are  elected  and 
qualified. 

All  counties  forming  part  of  district  to  be  notified. 

§  9.  When  a  district  is  situated  in  more  than  one  x-ounty,  the  trustees 
must  forward  a  certified  copy  of  the  order  of  the  board  of  supervisors 
establishing  the  district,  to  the  clerk  of  the  board  of  supervisors  of  the 
counties  in  which  any  portion  of  the  district  may  lie,  and  the  board  to 
which  the  same  is  forwarded  must  not  allow  another  district  to  be  formed 
within  such  district,  or  including  any  part  thereof. 

Districts  numbered. 

§  10.  All  districts  organized  under  this  act  must  have  a  state  number, 
and  the  register  upon  receipt  of  a  certified  copy  of  the  order  of  the  board 
of  supervisors  establishing  the  district  must  number  the  same,  and  send 
the  number  to  the  county  recorder  of  any  county  in  which  the  district  or 
a  portion  thereof  is  situated,  and  such  recorder  must  number  the  records 
of  said  district  in  like  manner,  and  the  district  must  thereafter  be  known 
and  designated  thereby. 

Elections. 

§  11.  The  board  of  supervisors  of  the  county  in  which  the  district  was 
formed  must  call  an  election  to  be  held  in  the  district,  on  the  second  Tues- 
day after  the  first  Monday  in  November  of  the  even-numbered  years,  at 
wliich  election  must  be  elected  three  freeholders  who  are  resident  voters 
in  said  district,  and  who  shall  constitute,  when  elected  and  qualified, 
the  board  of  trustees  of  the  district. 

Notice  of  election  published. 

§  12.  Notice  of  such  election  must  be  published,  for  at  least  thirty 
days  prior  thereto,  in  a  newspaper  published  in  the  district,  if  any 
newspaper  is  published  therein,  and  if  not,  then  iu  some  newspaper 
having  a  general  circulation  in  the  district. 

Voting  precincts. 

§  13.  The  supervisors  of  each  county,  in  which  said  district  is  wholly 
or   partially   situated,   shall   form    at   least   one   voting   precinct   in   such 


Act  2604,  §§  14-21  general  laws.  1642 

district,  and  appoint  an   election  board,  and   otherwise  provide  for  such 
election  in  the  precinct  or  precincts  so  formed. 

Failure  of  persons  appointed  on  election  board  to  appear. 

§  14.  If  the  persons  appointed  on  siu-h  election  board,  or  any  of 
them,  fail  to  attend  at  the  time  and  place  for  election,  the  voters  pres- 
ent at  the  time  and  place  of  opening  the  polls,  may  appoint  the  board, 
or  supply  the  place  of  any  absent  member  thereof. 

Members  of  board  sworn. 

§  15.  Each  member  of  the  board  must,  before  entering  upon  his 
duties,  be  sworn  to  a  faithful  performance  thereof  by  some  officer  au- 
thorized to  administer  oaths,  or  by  any  qualified  elector. 

Canvass  of  votes. 

§  16.  The  board  of  trustees  must  canvass  the  votes  and  issue  certifi- 
cates of  election  to  the  person  elected,  and  must  place  the  ballots  when 
canvassed  in  an  envelope,  and  forward  the  same  to  the  clerk  of  the 
board  of  supervisors  of  the  county  in  which  the  district  is  formed. 

Challenge  of  votes. 

§  17.  Any  legally  qualified  voter  may  challenge  any  vote,  and  the 
board  of  election  may  determine,  by  oath  of  the  parties,  or  otherwise,  as 
they  may  think  proper,  whether  or  not  the  person  challenged  is  entitled 
to  vote,  and  in  case  of  challenge,  either  one  of  the  board  of  election  is 
hereby  authorized  to  administer  the  oath. 

Polls  open. 

§  18.  The  polls  shall  be  opened  and  closed  as  provided  by  law  for 
general  elections;  and  the  provisions  of  the  general  election  laws  of  this 
state  are  applicable  to  elections  provided  for  in  this  act,  when  no  differ- 
ent provision  is  contained  herein. 

Term  of  trustees. 

§  19.  The  trustees  shall  hold  office  for  four  years  succeeding  their  elec- 
tion, except  the  first  board  elected  under  the  provisions  of  this  act,  shall, 
after  election,  choose  by  lot,  two  of  their  number  to  hold  office  for  a 
term  of  two  years,  and  one  for  a  term  of  four  years,  or  until  their  suc- 
cessors are  elected  and  qualified. 

Vaoancy. 

§  20.  In  case  of  a  vacancy  in  the  board  of  trustees,  the  supervisors 
of  the  county  in  which  the  district  was  formed,  shall,  by  appointment,  fill 
any  vacancy  until  the  next  regular  election. 

Trustees'  oath. 

§  21.  Before  entering  upon  their  duties,  the  trustees  must  take  and 
subscribe  to  an  oath,  that  they  will  obey  the  constitution  of  the  United 
States,  of  the  state  of  California,  and  the  laws  and  statutes  thereof,  and 


1643  OVERFLOW  DISTRICTS.        Act  2604,  §§  22-28 

will  faithfully  and  diligently  discharge  the  duties  of  their  office  accord- 
ing to  law. 

Bond, 

§  22.  The  trustees  of  any  district  organized  under  this  act  shall  give 
a  bond  of  two  thousand  five  hundred  dollars  each,  for  the  faithful  per- 
formance of  their  duties,  which  bond  must  be  approved  by  a  judge  of  the 
superior  court  of  the  county  in  which  the  district  was  formed. 

Office  of  trustees. 

§  23.  The  board  of  trustees  must  keep  an  office,  at  some  convenient 
place  in  the  district,  for  the  transaction  of  the  business  of  the  district,  in 
which  must  be  kept  the  books,  maps,  papers,  records,  contracts,  and  all 
other  documents  pertaining  to  the  affairs  of  the  district;  they  shall  also 
keep  a  record  and  books  of  account  of  all  expenditures  and  disbursements, 
and  minutes  of  the  meetings  of  the  board,  and  such  books,  records  and 
maps  shall  be  open  for  inspection  by  all  persons  interested,  at  all  reason- 
able times. 

Copies  of  papers  to  supervisors. 

§  24.  The  trustees  must,  upon  the  request  of  the  board  of  supervisors 
of  any  county  in  which  the  district  or  any  part  thereof  is  situated,  for- 
ward to  said  board  copies  of  any  papers  in  their  possession  belonging  to 
said  district,  and  any  other  information  they  may  require  pertaining  to 
the  business  and  affairs  of  the  district. 

By-laws. 

§  25.  The  trustees  must  adopt  by-laws  for  the  government  and  con- 
trol of  the  affairs  of  the  district,  not  otherwise  provided  by  law.  The 
by-laws  thus  adopted  must  be  approved  by  the  supervisors  of  the  county 
or  counties  in  which  the  district  is  situated,  and  thereafter  filed  for  rec- 
ord with  tlie  county  recorder  of  said  county  or  counties  in  the  book  kept 
by  him  for  the  purpose  of  recording  instruments  and  writings  relative  to 
overflow  districts. 

Amendments. 

§  26.  The  by-laws  may  be  amended  from  time  to  time  in  the  same 
manner  as  the  original  by-laws  were   adopted. 

District  deemed  organized. 

§  27.  After  the  by-laws  are  recorded,  the  district  shall  be  deemed 
organized  for  all  purposes,  and  may  then  sue  and  be  sued  in  the  courts  of 
competent  jurisdiction. 

Officers  of  board. 

§  28.  The  board  of  trustees  shall  elect  one  of  their  number  president 
thereof;  they  shall  have  power  to  employ  an  attorney,  engineer,  clerk, 
and  such  other  employees  as  may  be  necessary  for  the  transaction  of  busi- 
ness and  the  reclamation  and  irrigation  of  the  lands  of  the  district;  to 


Act  2604,  §§29-33  general  laws.  1644 

modify   or   change   such   original   plan   or  plans,   adopt   new   and   supple- 
mental, or  additional,  plans. 

Powers. 

§  29.  Said  board  shall  have  power  to  acquire  by  purchase,  or  other- 
wise, necessary  lands,  right  of  way,  and  the  right  to  take  material  for 
the  construction  of  all  works  necessary  to  reclaim  and  irrigate  the  lands 
of  the  district,  including  drains,  canals,  sluices,  bulkheads,  water-gates, 
levees,  pipe-lines,  pumping  plants,  culverts,  embankments  and  all  other 
things  necessary  to  construct,  maintain,  and  keep  in  repair  all  works  re- 
quisite and  necessary  to  that  end;  and  do  all  other  acts  and  things  neces- 
sary and  required  to  properly  reclaim  and  irrigate  the  lands  embraced  in 
the  district. 

May  condemn  lands,  etc. 

§  30.  Whenever  in  their  judgment  it  becomes  necessary,  the  trustees 
may  in  the  name  of  the  district,  or  the  president  thereof  acting  in  their 
behalf,  may  proceed  under  the  provisions  of  title  7,  part  3,  of  the 
Code  of  Civil  Procedure,  for  the  condemnation  of  any  lands,  or  material 
needed  by  the  district  for  right  of  way  or  for  other  purposes  pertaining 
to  the  construction,  maintenance,  or  repair  of  the  works  of  the  district, 
whether  said  land  or  material  is  outside  of,  or  within,  the  limits  of  the 
district,  and  the  title  of  said  lands  and  material,  whether  acquired  by  con- 
demnation or  otherwise,  shall  become  vested  in  the  district. 

Work  done  under  direction  of  board. 

§  31.  All  work  necessary  for  the  irrigation  and  reclamation  of  the 
lands  of  the  district,  must  be  executed  under  the  direction  of,  and  in  the 
manner  prescribed  by,  the  board  of  trustees. 

Surveys. 

§  32.  Wlienever  the  trustees  find  that  the  surveys  of  the  lands  within 
the  district,  made  by  the  authority  of  the  United  States  land  office,  are 
incomplete,  or  inaccurate,  they  shall  cause  their  engineer  to  survey,  and 
map  the  boundaries  of  the  district,  and  all  property  lines  embraced 
therein;  and  after  said  map  has  been  approved  by  the  supervisors,  and 
the  county  survej'or  of  the  county  or  counties  in  which  said  district  is 
situated,  it  shall  be  recorded  in  the  office  of  the  county  recorder,  in  the 
map  book  of  said  county  or  counties,  and  shall  thereafter  for  all  purposes 
provided  by  law,  become  the  official  map  of  said  district,  and  the  lands 
embraced  therein,  subject  to  amendment  or  change,  in  the  same  manner 
as  the  original  map  was  prepared  and  adopted. 

Use  of  water. 

§  33.  The  trustees  may  by  provision  of  the  by-laws  allow  the  water 
supplied  by  the  district  to  be  used  for  domestic,  power,  irrigation,  and 
other  purposes;  and  they  shall  adopt  rules  and  charges  for  the  use  and 
distribution  of  the  same,  which  shall  become  effective  when  approved  by 


1645  OVERFLOW  DISTRICTS.        Act  2604,  §§  34-39 

the  board  of  supervisors  of  the  county  or  counties  in  which  the  district  ia 
situated. 

Warrants  drawn  on  funds. 

§  34.  The  trustees  shall  draw  all  warrants  upon  the  funds  of  the  dis- 
trict, either  in^money  or  bonds;  after  the  warrants  are  approved  by  the 
supervisors  of  the  county  in  which  the  district  was  formed,  they  are  to 
be  presented  to  the  treasurer  of  said  county  and,  if  not  paid  upon  pres- 
entation, such  indorsement  must  be  made  thereon  and  they  must  be  regis- 
tered and  bear  interest  from  the  date  of  presentation;  but  no  warrant 
shall  be  an  indebtedness  against  the  district  until  it  has  been  approved  by 
the  board  of  supervisors  of  said  county. 

Monthly  payments  into  county  treasury. 

§  35.  The  trustees  must  at  the  end  of  each  month  pay  all  money  re- 
ceived by  them  for  the  district,  from  the  sale  of  water,  material,  or  from 
other  sources,  into  the  treasury  of  the  county  in  which  the  district  was 
formed,  and  the  treasurer  must  receipt  for  the  same  and  place  such  money 
to  the  credit  of  the  district. 

Compensation  of  board. 

§  36.  The  several  members  of  the  board  of  trustees  of  overflowed  dis- 
tricts shall  each  be  entitled  to  receive,  for  actual  and  necessary  services 
performed,  and  for  expenses  incurred  by  them  respectively  for  and  in  the 
interest  of  the  district,  such  compensation  as  the  board  shall  determine 
to  be  just  and  reasonable  for  which  warrants  of  the  district  may  be  drawn 
and  paid  in  the  same  manner,  and  out  of  the  same  funds,  as  other  war- 
rants of  the  district;  after  they  have  been  approved  by  the  board  of 
supervisors  of  the  county  in  which  the  district  was  formed. 

Plans  of  work. 

§  37.  The  board  of  trustees  must  report  to  the  board  of  supervisors  of 
the  county  or  counties  in  which  the  district  is  situated,  such  original  plan 
or  plans  of  the  work;  and  every  new,  supplemental,  or  additional  plan,  if 
any,  together  with  the  estimates  of  the  cost  of  the  work  necessary,  for 
the  reclamation  and  irrigation  of  the  lands  in  the  district,  in  pursuance 
of  such  plan  or  plans,  together  with  the  estimates  of  the  incidental  ex- 
penses, supervision,  repairs,  and  costs  of  collections,  and  such  other  ex- 
penses necessary  to  the  construction  and  maintenance  of  said  work. 

Lands  sold  subject  to  by-laws. 

§  38.  The  purchaser  of  any  tract  of  land  which  may  be  unsold  in  any 
overflow  district  at  the  time  said  district  was  formed,  takes  the  same  sub- 
ject to  all  the  provisions  of  such  by-laws  and  charges  assessed  in  pursu- 
ance thereof. 

Rights  of  purchaser. 

§  39.  Such  purchaser  has  all  the  rights  and  privileges  enjoyed  by  orig- 
inal petitioners,  if   he   pays   into   the   county   treasury   of   the   county   in 


Act  2604,  §§40-43  general  laws.  1646 

■which  the  district  was  formed,  to  the  credit  of  said  district,  not  less  than 
twenty  per  cent  of  the  principal,  one  year's  interest  at  the  rate  of  seven 
per  cent  on  the  remainder,  and  any  charges  assessed  against  the  lands  so 
purchased  and  remaining  unpaid;  and  each  year  thereafter  shall  continue 
to  pay  twenty  per  cent  of  the  principal  and  interest  on  the  remainder 
until  the  whole  of  said  assessment  or  charges  have  been  paid. 

Lien  on  land  for  unpaid  assessments. 

§  40.  From  the  time  the  purchaser  has  acquired  said  land  designated 
upon  the  petition  as  unsold,  the  district  shall  have  a  lien  upon  said  land 
for  the  amount  of  the  unpaid  assessments,  which  lien,  together  with  the 
costs,  may  be  collected  by  the  trustees  of  the  district  in  a  suit  to  be 
brought  in  the  name  of  the  district  by  said  trustees  at  any  time  after 
said  purchaser  has  defaulted  in  any  of  the  payments  provided  for  in  sec- 
tion 39  of  this  act. 

Payment  of  interest  due  stat«  suspended. 

§  41.  Whenever  the  supervisors  of  any  county,  in  which  any  overflow 
district  has  been  formed  under  the  provisions  of  this  act,  certify  to  the 
register  of  the  state  land  office  that  the  works  of  irrigation  and  reclama- 
tion are  in  progress,  in  conformity  with  the  requirements  and  plans  here- 
inbefore provided,  the  payment  of  interest  due  the  state  of  California  by 
purchasers  in  such  district  is  hereby  suspended;  but  if  the  works  are  not 
completed  and  accepted,  or  that  not  less  than  two  dollars  in  money  per 
acre  has  been  expended  on  said  work  within  five  years  of  the  date  of 
filing  the  petition,  the  interest  for  the  whole  time  must  be  charged  and 
collected  by  the  register. 

Works  completed. 

§  42.  Whenever  the  trustees  certify  under  oath  to  the  board  of  supei^ 
visors  of  the  county  in  which  the  district  was  formed,  and  show  to  their 
satisfaction  that  the  works  of  reclamation  and  irrigation  are  completed 
or  that  two  dollars  in  money  per  acre  has  been  expended  on  said  works 
of  reclamation  and  irrigation,  the  board  of  supervisors  must  certify  such 
fact  to  the  register. 

Deed  issued. 

§  43.  The  register  must  thereupon  forward  to  the  county  clerk  and 
county  treasurer  of  the  county  in  which  the  district  or  any  part  thereof 
is  situated,  a  statement  showing  the  names  of  purchasers  of  lands  in  the 
district  and  the  amount  paid  by  each  purchaser  of  swamp  and  overflowed 
land;  and  thereafter  upon  the  order  of  the  trustees  of  the  district  ap- 
proved by  the  supervisors  of  the  county  in  which  the  district  was  formed, 
the  county  treasurer  or  such  other  person  having  custody  of  the  purchase 
monej'^  of  the  swamp  and  overflowed  lands  lying  within  said  district, 
shall  pay  such  money  to  the  county  treasurer  of  the  county  in  which  the 
district  was  formed,  and  said  money  shall  by  him  be  placed  to  the  credit 
of  the  district,  and  fifty  cents  per  acre  or  such  part  thereof  as  has  been 


1647  OVERFLOW  DISTRICTS.        Act  2604,  §§  44-4G 

paid  in  shall  by  him  be  placed  to  the  credit  of  the  district,  to  be  used  in 
payirg  the  necessary  expenses  incurred  in  forming  and  organizing  such 
district,  and  for  such  other  expenses  of  the  district  as  the  trustees  of 
the  district  and  the  board  of  supervisors  of  the  county  in  which  the  dis- 
trict was  formed  may  order.  The  remainder  of  the  purchase  price  in 
excess  of  fifty  cents  per  acre  shall  then  be  refunded  to  the  purchaser  and 
all  further  payments  in  excess  of  the  fifty  cents  per  acre  before  men- 
tioned and  interest  due  from  the  purchaser  as  a  part  of  the  purchase 
price  shall  then  be  canceled  and  deed  issued  to  said  purchaser  as  though 
the  full  purchase  priqe  had  been  paid. 

Tax  levy. 

§  44.  The  revenue  of  overflow  districts  formed  under  this  act,  other 
than  that  received  from  the  sale  of  water,  franchises,  power,  and  from 
other  sources  by  the  trustees  of  the  district,  and  approved  by  the  board 
of  supervisors  of  the  county  in  which  the  district  was  formed,  must  be 
derived  from  a  tax  levied  upon  the  taxable  property  of  the  district,  as 
shown  by  the  last  assessment-roll  of  the  county  or  counties  in  which  the 
district  or  a  part  thereof  is  situated. 

Estimate  of  expenditures. 

§  45.  The  board  of  trustees  of  overflowed  districts  formed  under  this 
act,  must  on  the  first  Monday  of  June  of  each  year  certify  to  the  clerk 
of  the  board  of  supervisors  of  the  county  or  counties  in  which  the  dis- 
trict or  any  part  thereof  is  situated,  an  estimate  of  the  expenditures 
necessary  to  conduct  the  business,  and  execute  the  work  of  the  district, 
also  the  amount  of  interest  and  principal  of  any  bonded  or  other  in- 
debtedness, that  will  become  due  during  the  ensuing  year. 

Statement  of  equalized  value  of  taxable  property. 

§  46.  The  assessor  of  each  county  in  which  the  district  is  wholly  or 
partially  situated,  shall  each  year,  after  the  county  assessments  have 
been  equalized  by  the  state  board  of  equalization,  and  prior  to  the  time 
when  the  board  of  supervisors  of  the  counties  meet  to  levy  the  taxes  for 
county  purposes,  certify  to  the  board  of  supervisors  of  said  county  or 
counties,  a  statement  of  the  equalized  value  of  all  taxable  property 
within  the  district  and  situated  in  the  county  in  which  he  is  the  assessor; 
thereupon  the  board  of  supervisors  of  the  county  or  counties  in  which 
any  portion  of  said  district  is  situated,  shall,  at  the  time  of  levying 
taxes  for  county  purposes,  levy  a  tax  upon  the  property  of  such  district 
situated  in  said  county  or  counties  sufficient  to  meet '  the  requirements 
of  said  district,  and  to  pay  the  interest  which  may  become  due  on  any 
bonds,  or  other  indebtedness  of  such  district  during  such  year,  and  if 
any  portion  of  the  principal  of  said  bonds,  or  other  indebtedness,  shall 
become  due  during  the  year,  an  amount  sufficient  to  pay  such  portion  of 
such  principal,  and  such  other  charges  against  such  district  necessary  to 
maintain  and  construct  the  works  and  conduct  its  business,  leas  the 
amount  estimated  bv  the  trustees  to  be  derived  from  the  sale  of  water, 


Act  2604,  §§47-51  general  laws.  1648 

or  other  sources  under  their  control  during  said  year;  the  tax  must  be 
levied  upon  the  property  of  the  district  situated  in  such  county  or  coun- 
ties by  the  board  of  supervisors  of  each  county  according  to  the  ratio 
•which  the  assessed  valuation  of  the  property  of  said  district  situated  in 
such  county,  bears  to  the  total  valuation  of  the  property  of  the  district 

Taxes  entered  on  assessment-roll. 

§  47.  All  taxes  so  levied  must  be  computed  and  entered  upon  the 
assessment-roll  of  the  county  where  such  property  may  be  situated,  by 
the  county  auditor,  and  collected  by  the  tax  collector,  at  the  same  time 
and  in  the  same  manner  as  state  and  county  taxes,  and  when  collected 
shall  be  paid  into  the  county  treasury  for  the  use  of  such  district- 
Money  to  be  forwarded  to  treasurer  of  county  in  whicli  district  was 
formed. 

§  48.  When  any  tax  has  been  collected  under  the  provisions  of  this 
act,  and  placed  in  the  treasury  of  any  county  other  than  the  one  in  which 
the  district  was  formed,  the  treasurer  of  said  county  must,  within  thirty 
days  after  receipt  of  the  same,  forward  all  money  in  such  treasury  be- 
longing to  the  district,  to  the  county  treasurer  of  the  county  in  which 
the  district  was  formed,  who  shall  receive  and  receipt  for  the  same,  and 
place  such  money  in  the  treasury  of  such  county  to  the  credit  of  said 
district. 

No  fees  to  officers. 

§  49.  No  assessor,  tax  collector,  treasurer,  or  clerk  shall  receive  any 
fee  for  any  services  required  to  be  performed  by  them  under  the  provi- 
sions of  this  act.  All  expenses  necessarily  incurred  in  carrying  out  the 
provisions  of  this  act,  shall  be  paid  to  the  board  of  supervisors  of  the 
county  incurring  the  expense,  for  the  benefit  of  said  county,  by  warrants 
of  the  district,  in  the  same  manner  as  other  expenses  of  said  district. 

liands  capable  of  independent  mode  of  reclamation  may  be  set  aside. 

§  50.  If  the  owners  of  lands  representing  more  than  two-thirds  of  any 
body  of  lands  within  any  overflowed  district  formed  under  this  act,  in 
which  such  lands  have  not  been  reclaimed  or  irrigated,  and  for  which 
the  trustees  have  made  no  provision  for  such  reclamation  and  irrigation, 
desire  to  have  such  body  of  lands  set  over  from  said  district,  they  must, 
in  addition  to  the  petition  required  for  that  purpose,  show  to  the  board 
of  supervisors  in  which  the  district  is  formed,  that  said  body  of  lands 
is  capable  of  an  independent  mode  of  reclamation  and  irrigation,  and 
that  said  body  of  lands  could  not  be  reclaimed  and  irrigated  according 
to  the  plans  and  specifications  adopted  by  the  hoard  of  trustees  of  the 
district  and  that  such  segregation  would  not  endanger  or  delay,  or  other- 
wise interfere  with  the  work  of  irrigating  and  reclaiming  the  remainder 
of  the  district. 

Special  election  to  vote  bonds. 

§  51.  Whenever  in  the  opinion  of  the  board  of  trustees  of  any  over- 
flowed district,  formed  under  this  act,  the  cost  of  reclamation  and  irriga- 


1649  OVEEPLow  DISTRICTS.        Act  2604,  §§  52-57 

tion  according  to  the  plans  thereof,  will  be  too  great  to  be  raised  by 
taxes  as  provided  in  this  act,  to  be  paid  within  one  year;  the  board  of 
trustees  of  such  district  shall,  for  the  purpose  of  voting  the  necessary 
bonded  indebtedness  therefor,  order  a  special  election  to  be  held  in  said 
district  at  some  time  and  some  place  or  places  designated  by  them. 

Question  submitted. 

§  52.  At  such  special  election  there  shall  be  submitted  to  the  voters 
of  said  district,  the  question  of  whether  or  not  the  bonds  of  said  district 
shall  be  issued  in  an  amount  necessary  to  construct  said  works  of  rec- 
lamation and  irrigation,  and  which  amount  shall  be  estimated  by  said 
board  of  trustees  and  stated  in  the  order  for  such  election. 

Election  called  by  supervisors. 

§  53.  Said  election  shall  be  called  by  the  supervisors  of  the  county  in 
which  the  district  was  formed,  upon  petition  signed  by  at  least  two  mem- 
bers of  the  board  of  trustees,  and  said  election  shall  conform  to  the  pro- 
visions of  this  act,  relative  to  election,  and  to  the  election  laws  of  the 
state  of  California,  and  the  question  whether  or  not  bonds  of  said  dis- 
tinct shall  be  issued  in  the  amount  named  in  the  estimate  and  order  of 
the  board  of  trustees,  for  reclaiming  and  irrigating  the  lands  of  said 
district,  shall  be  submitted  to  the  voters  thereof. 

Notice  of  election  to  specify  time  and  place. 

§  54.  The  notice  of  such  special  election  shall  specify  the  time  and 
place  or  places  of  holding  such  election,  the  amount  of  bonds  proposed 
to  be  issued,  the  names  of  the  persons  to  act  as  the  board  or  boards  of 
election,  and  the  ballot  shall  contain  the  words,  "Bonds — Yes"  and 
"Bonds— No." 

Majority  in  favor. 

§  55.  If  a  majority  of  the  votes  cast  at  such  election  are  in  favor  of 
the  bonds,  the  board  of  trustees  of  the  district  shall  cause  bonds,  in  the 
amount  stated  in  the  order  for  election,  to  be  issued  and  placed  in  the 
custody  of  the  treasurer  of  the  county  in  which  the  district  was  formed. 

Sale  of  bonds. 

§  56.  The  treasurer  of  said  county  shall  place  the  bonds  issued  pur- 
suant to  this  act,  to  the  credit  of  said  district  and  may  at  any  time  upon 
the  order  of  the  board  of  supervisors  of  said  county,  sell  any  of  said 
bonds  for  the  best  price  obtainable  therefor,  but  in  no  event  for  less 
than  the  face  value  of  said  bonds,  and  the  accrued  interest  thereon.  Any 
money  derived  from  the  sale  of  such  bonds  by  such  county  treasurer, 
shall  be  placed  in  the  treasury  to  the  credit  of  said  district,  and  a  proper 
record  of  such  transaction  be  placed  upon  the  books  of  such  treasurer. 

Denomination  and  form. 

§  57.     Said  bonds  shall  be  of  a  denomination  of  not  less  than  one  hun- 
dred dollars,  and  not  more  than  one  thousand^  dollars  each,  shall  be  nego- 
104 


Act  2604,  §§  58-63  general  laws.  1650 

tiable  in  form,  signed  by  the  board  of  trustees,  and  the  chairman  of  the 
board  of  supervisors  of  the  county  in  which  the  district  was  formed,  and 
attested  by  the  clerk  of  said  board  of  supervisors,  and  the  seal  of  such 
board  of  supervisors,  and  shall  be  numbered  consecutively  as  issued,  and 
bear  date  at  the  time  of  their  issue,  and  shall  express  on  their  face  that 
they  were  issued  by  authority  of  this  act,  stating  its  title  and  date  of 
approval,  and  the  date  of  election  at  which  such  issuance  was  authorized 

Interest. 

§  58.  The  bonds  shall  bear  interest  at  a  rate  not  to  exceed  six  per 
cent  per  annum,  payable  semi-annually  on  the  first  day  of  .January  and 
the  first  day  of  -July  in  each  year,  at  the  office  of  the  county  treasurer 
of  the  county  in  which  the  district  was  formed,  or  some  other  place 
allowed  b}'  law,  and  approved  by  the  supervisors  of  said  county  and  the 
judge  or  judges  of  the  superior  court  thereof,  upon  presentation  of  the 
proper  coupons  therefor. 

Coupons. 

§  59.  Coupons  for  such  installment  and  interest  shall  be  attached  to 
said  bonds,  and  shall  be  numbered,  signed,  and  attested  in  the  same 
manner  as  the  bonds. 

Payment. 

§  60.  The  principal  of  said  bonds  shall  be  paid  as  follows,  to  wit. 
Five  per  cent  of  the  whole  amount  of  the  bonds  issued,  according  to 
their  consecutive  numbers,  shall  be  paid  ten  years  from  the  date  of 
their  issue,  at  the  place  provided  for  their  payment,  and  five  per  cent 
thereof  each  succeeding  year  thereafter,  until  all  are  paid. 

Deemed  municipal  bonds. 

§  61.  When  said  bonds  are  issued  in  accordance  with  the  provisions 
of  this  act,  tliey  shall  be  deemed  municipal  bonds  for  all  purposes  men- 
tioned in  the  codes  and  statutes  of  this  state.  The  principal  and  interest 
of  said  bonds  shall  be  paid  by  revenue  derived  from  a  tax  levied  upon 
the  assessable  property  of  the  district  in  accordance  with  the  provisions 
of  this  act. 

Bonds  not  presented  when  due. 

§  62.  If  any  bond  shall  not  be  presented  for  payment  when  it  becomes 
due,  it  shall  cease  to  draw  interest;  but  if  presented  at  such  time  and 
not  paid  for  the  want  of  funds,  the  county  treasurer  shall  so  indorse  it, 
and  thereafter  such  bond  shall  draw  interest  until  paid  at  the  rate  spe- 
cified therein. 

Orders  on  treasurer  to  pay  for  labor,  etc. 

§  63.  The  board  of  trustees  of  said  district  may  draw  orders  upon  the 
county  treasurer  of  the  county  in  which  the  district  was  formed,  payable 
in  bonds  or  money  in  proportion  to  the  amount  thereof,  to  pay  for  labor 
or   services  performed,   for   materials   or   property  furnished   to   said   dis- 


1651  PAROLE  COMMISSIONERS.        Acts  2612-2619a 

• 
triet,  for  the  purpose  of  constructing,  repairing  and  maintaining,  the 
reclamation  and  irrigation  works  thereof,  and  the  contingent  expense  of 
said  district,  which  order  shall  be  approved  by  the  board  of  supervisors 
of  said  county,  and  thereafter  paid  by  said  treasurer,  in  the  manner 
therein  provided  for,  if  such  bonds  then  remaining  in  the  treasury  to  the 
credit  of  the  district  be  sufficient  to  pay  the  same. 

Does  not  affect  reclamation  districts. 

§  64.  Nothing  in  this  act  shall  be  construed  as  in  any  manner  affect- 
ing or  modifying  the  provision  of  the  Political  Code  of  the  state  of  Cali- 
fornia concerning  reclamation  districts  formed  under  the  provisions  of 
said  code. 

TITLE  368a. 

PALO  ALTO. 
ACT  2612 

Charter  of  Palo  Alto.     [Stats.  1909,  p.  1175.] 
Amended  1911,  p.  2040. 

TITLE  369. 

PARIS  GREEN. 

ACT  2614. 

An  act  to  prevent  fraud  in  the  sale  of  paris  green  used  as  an  insecticide. 
[Became  a  law  under  constitutional  provision  without  governor's  ap- 
proval, February  28,  1901.     Stats.  1901,  p.  69.] 

Repealed  1911,  p.   1254. 

Although   this   act   was  repealed  by   the   statute   of   May   1,   1911,    Stats.   1911, 
p.  1248,  §  19   (p.  1254),  there  was  no  mention  of  its  repeal  in  the  title  of  the  act. 

TITLE  370. 
PAROLE  COMMISSIONERS. 
ACT  2619. 

Au  act  to  establish  a  board  of  parole   commissioners   for  the  parole   of, 
and    government   of    parole    prisoners.     [Approved    March    23,    1893. 
Stats.  1893,  p.  183.] 
Amended  1901,  p.   82. 

Repealed  June   16,   1913   (Stats.    1913,  p.   1048). 
See  post,   Act    2619a. 

ACT  2619a. 

An  act  to  establish  a  board  of  parole  commissioners  for  the  parole  of, 
and  government  of  paroled  prisoners,  and  repealing  an  act  to  amend 
an  act  entitled,  "An  act  to  establish  a  board  of  parole  commissioners 
for  the  parole  of,  and  government  of  paroled  prisoners,"  approved 
March  23,  1893. 

[Approved  June   16,  1913.     Stats.   1913,  p.  1048.] 


Act  2620  GENKIAL  LAWS.  1652 

Hules  governing  parole. 

§  1.  The  state  board  of  prison  directors  of  this  state  shall  have  power 
to  establish  rules  and  regulations  under  which  any  prisoner  who  is  now 
or  hereafter  may  be  imprisoned  in  any  state  prison,  and  who  may  have 
served  one  calendar  year  of  the  term  for  which  he  was  convicted  may  be 
allowed  to  go  upon  parole  outside  of  the  buildings  and  inclosures,  but  to 
remain  while  on  parole  in  the  legal  custody  and  under  the  control  of  the 
state  board  of  prison  directors,  and  subject  at  any  time  to  be  taken  back 
within  the  inclosure  of  said  prison;  and  full  power  to  make  and  enforce 
such  rules  and  regulations,  to  grant  paroles  thereunder,  and  to  retake  and 
imprison  any  convict  so  upon  parole  is  hereby  conferred  upon  said  board 
of  directors,  whose  written  order  certified  by  the  president  of  said  board 
shall  be  a  sufficient  warrant  for  all  officers  named  therein  to  authorize 
such  officer  to  return  to  actual  custody  any  conditionally  released  or 
paroled  prisoner,  and  it  is  hereby  made  the  duty  of  all  chiefs  of  police, 
marshals  of  cities  and  villages,  and  sheriffs  of  counties,  and  all  police, 
prison  and  peace  officers  and  constables  to  exe<?ute  any  such  order  in  like 
manner  as  ordinary  criminal  process;  provided,  however,  that  no  prisoner 
imprisoned  under  a  life  sentence  shall  be  paroled  until  he  shall  have 
served  at  least  seven  calendar  years;  provided  further,  that  no  prisoner 
who  has  served  a  previous  term  in  any  state  prison  in  this  or  any  other 
state  shall  be  paroled  until  he  has  served  at  least  two  calendar  years,  and 
no  prisoner  who  has  had  imposed  upon  him  two  or  more  cumulative  or 
consecutive  sentences  shall  be  paroled  until  he  has  served  at  least  two 
years  of  the  aggregate  time  of  such  cumulative  or  consecutive  sentences. 
The  governor  of  the  state  shall  have  like  power  to  cancel  and  revoke  the 
parole  of  any  prisoner,  and  his  written  authority  "shall  likewise  be  suffi- 
cient to  authorize  any  of  the  officers  named  therein  to  retake  and  return 
said  prisoner  to  the  state  prison,  and  his  written  order  canceling  or  re- 
voking the  parole  shall  have  the  same  force  and  effect  and  be  executed  in 
like  manner  as  the  order  of  the  state  board  of  prison  directors.  If  any 
prisoner  so  paroled  shall  leave  the  state  without  permission  from  said 
board  he  shall  be  held  as  an  escaped  prisoner  and  arrested  as  such. 

§  2.  "An  act  to  establish  a  board  of  parole  commissioners  for  the 
parole  of,  and  government  of  parole  prisoners,"  approved  March  23,  1893, 
is  hereby  repealed. 

ACT  2620. 

An  act  to  provide  for  the  creation  of  a  board  of  parole  commissioners 
for  each  county  in  this  state,  for  the  paroling  of  prisoners  confined 
in  county  jails,  and  authorizing  and  empowering  such  boards  to 
make  rules  and  regulations  in  relation  thereto. 

[Approved  March  25,  1909.     Stats.  1909,  p.  783.] 
Amended    1913,   p.    385. 
The  amendment  of  1913  follows: 


1653  PAROLE   COMMISSIONERS.  Act  2621 

County  parole  commissioners.  Power  to  enforce  rules.  Prisoner  who 
leaves  county. 
§  1.  A  board  of  three  parole  commissioners  for  each  county  in  this 
state,  consisting  of  the  sheriff  and  the  district  attorney  of  each  said 
county  and  the  chief  of  police  (or  other  chief  or  sole  peace  officer)  of 
every  city  which  now  is  or  hereafter  may  be  the  county  seat  of  any 
such  county,  is  hereby  created  for  each  such  county,  which  board  shall  and 
mush  [act]  as  a  board  of  parole  commissioners  for  and  in  each  county, 
and  make  and  establish  rules  and  regulations  under  which  any  prisoner 
who  is  now  or  hereafter  may  be  imprisoned  in  the  county  jail  of  said 
county,  or  in  the  city  jail  of  any  city  in  any  county,  or  in  any  jail  as 
the  prisoner  of  any  city,  or  in  any  other  jail  in  any  such  county,  after 
judgment  of  conviction  for  the  commission  of  a  misdemeanor,  may  be 
allowed  to  go  upon  parole  outside  of  any  jail  in  which  he  is  or  may  be 
hereafter  imprisoned,  but  to  remain,  while  on  parole,  in  the  legal  cus- 
tody and  uncler  the  control  of  the  board  of  parole  commissioners  estab- 
lishing the  rule  and  regulations  for  his  parole,  and  subject,  at  any  time, 
to  be  taken  back  within  the  inclosure  of  any  such  jail.  Full  power  to 
make,  establish  and  enforce  such  rules  and  regulations,  and  to  retake 
and  imprison  any  prisoner  so  upon  parole,  is  hereby  conferred  upon  each 
such  board  of  parole  commissioners;  and  its  written  order  shall  be  a 
sufficient  warrant  for  all  officers  named  in  such  order  to  authorize  them, 
or  any  of  them,  to  return  to  actual  custody  any  conditionally  released 
or  paroled  prisoner.  It  shall  be  and  is  hereby  made  the  duty  of  all 
chiefs  of  police,  marshals  of  cities  and  villages,  sheriffs  of  counties,  con- 
stables, and  all  other  police  and  peace  officers  of  this  state  to  execute 
any  such  order  in  like  manner  as  ordinary  criminal  process.  If  any 
prisoner  so  paroled  shall  leave  the  county  in  which  he  was  or  is  or  here- 
after may  be  so  imprisoned  without  permission  from  the  board  of  parole 
commissioners  granting  his  parole,  he  shall  be  arrested  as  an  escaped 
prisoner  and  held  as  such.  [Amendment  approved  June  4,  1913  j  Stats. 
1913,  p.  385.] 

To  succeed  former  board. 

§  2.  The  board  of  parole  commissioners  created  by  this  amendment 
of  said  act  shall  be  the  successor  to  and  the  substitute  for  the  board  of 
parole  commissioners  specified  in  section  1  of  said  act  prior  to  this 
amendment  thereof,  and  shall  have,  possess  and  enforce  the  powers, 
rights  and  duties  as  to  prisoners  paroled  by  such  former  board,  as  such 
former  board  had,  possessed  and  could  enforce.  Upon  the  taking  effect 
of  this  act,  such  former  board  of  parole  commissioners  shall  cease  to 
exist.  [New  section  approved  June  4,  1913;  Stats.  1913,  p.  385.] 
Citations.      App.  12/162. 

ACT  2621.  "" 

An  act  to  provide  for  the  establishing  and  maintaining  of  parole  head- 
quarters in  connection  with  state  schools  and  reformatories. 
[Approved  June  16,  1913.     Stats.  1913,  p.  1034.] 


Acts  2622, 2627  general  laws.  1654 

Parole  headquarters  for  state  schools. 

§  1.  The  board  of  trustees  or  other  a'riministrative  body  of  any  state 
reformatory  or  state  school  is  hereby  empowered  and  authorized  to  estab- 
lish and  maintain  parole  headquarters  out  of  funds  made  available  for 
their  use  and  to  pay  rental  and  such  incidental  expenses  as  may  be 
incurred  in  maintaining  such  headquarters  and  to  advance  money  to  any 
boy  or  girl  who  may  now  or  hereafter  be  on  furlough,  parole  or  dis- 
charge from  any  such  reformatory  or  state  school,  and  to  assist  them  in 
obtaining  employment  and  in  becoming  established  as  useful  and  law- 
abiding  members  of  society. 

ACT  2622. 

An   act   to   authorize  the   state  board   of   prison   directors  to   provide   for 
assisting  paroled  and  discharged  prisoners  and  to  secure  employment 
for    the    same    and    making    an    appropriation     for    that    purpose. 
[Approved  June  14,  1913;  Stats.  1913,  p.  919.] 

Assisting  paroled  prisoners  to  secure  employment. 

§  1.  The  state  board  of  prison  directors  shall  have  the  power  and 
authority  to  provide  for  assisting  paroled  and  discharged  prisoners  and 
to  secure  emploj'ment  for  the  same,  and  for  that  purpose  they  may  em- 
ploy one  or  more  persons,  may  purchase  tools,  or  give  any  other  assist- 
ance that,  in  their  judgment,  they  may  deem  proper  for  the  purpose  of 
carrying  out  the  objects  and  the  spirit  of  this  act. 

May  draw  five  himdred  dollars. 

§  2.  Upon  this  act  becoming  effective,  the  state  board  of  prison 
directors  may  draw  upon  the  moneys  lierein  appropriated  in  the  amount 
of  five  hundred  dollars,  w'ithout  submitting  vouchers  thereon,  which 
amount  shall,  from  time  to  time,  be  replenished  by  demand  upon  said 
appropriation  ecjual  to  the  amount  of  expenditures  represented  by  vouch- 
ers submitted  to  the  state  board  of  control  and  filed  with  the  controller. 

Appropriation. 

§  3.  The  sum  of  thirty-five  thousand  dollars  is  hereby  appropriated 
out  of  any  moneys  in  the  state  treasury,  not  otherwise  approjiriated,  for 
the  purposes  of  this  act;  the  state  controller  is  hereby  directed  to  draw 
his  warrant  therefor,  paj'able  to  the  state  board  of  prison  directors  in 
such  amount  as  may  be  required  from  time  to  time,  and  the  state  treas- 
urer is  directed  to  pay  the  same. 


TITLE  372. 
PASADENA. 


ACT  2627. 


Charter  of  Wsadena.     [Stats.   1901,  p.  884.] 
Amended   1905,   p.    1011:    1909.   p.   1198;    1913,   p.    1457. 

Citations.      Cal.    161/280;     162/716;     (§2,    art.    9)    162/716;     (§3,    art.    9) 
162/717;    (§  14)    162/717. 


1655  PAWNBROKERS.  Act  2637,  §§  2-4 

TITLE  374. 

PAWNBROKERS. 
ACT  2637. 

An  aet  to  define  personal  property  brokers  "and  regulate  their  charge  and 

business. 
[Approved  April  16,  1909.     Stats.  1909,  p.  969.] 
Amended  1911,  Statutes  of  1911,  page  978,  as  follows: 

Broker  may  charge  two  per  cent  per  month. 

§  2.  Such  personal  property  broker  may  charge,  receive  and  collect  a 
benefit  or  percentage  upon  money  or  other  thing  advanced,  or  for  the  use 
and  forbearance  thereof,  of  two  per  centum  per  month  where  such  loan 
or  advance  is  made  upon  security  properly  falling  within  the  scope  of 
business  as  set  forth  in  section  1  hereof.  [Amendment  approved  April 
21,  1911;   Stats.  1911,  p.  978.] 

No  further  charges  may  be  made. 

§  3.  No  further  or  other  charges  either  for  recording,  insuring  or  ex- 
amining the  security  or  property,  or  for  the  drawing,  executing  or  filing 
of  papers,  or  for  any  services  or  upon  any  pretext  whatsoever  beyond 
the  aforesaid  charge  for  interest  or  discount  shall  be  asked,  charged,  or 
in  any  way  received,  where  the  same  would  thereby  make  a  greater 
charge  for  the  money  or  thing  advanced  than  the  aforesaid  rate  of  two 
per  centum  per  month,  and  where  made,  all  such  charges  shall  be  con- 
sidered and  be  of  the  same  effect  as  so  much  added  interest;  provided, 
however,  that  with  the  consent  of  the  borrower  he  may  be  required  to 
pay  the  fees  or  charges  actually  expended  where  the  same  are  made 
necessary  by  law  to  give  full  legal  effect  to  any  instrument  given  here- 
under.     [Amendment  approved  April  21,  1911;  Stats.  1911,  p.  978.] 

Contract  bearing  greater  rate  not  valid. 

§  4.  No  contract  of  any  kind  or  nature  made  by  any  personal  prop- 
erty broker  which  comes  within  the  scope  of  business  as  set  forth  in 
section  1  hereof,  or  which  in  any  way  involves  any  security  given  to 
secure  the  performance  of  such  contract,  shall  be  valid  or  of  any  force, 
virtue  or  effect,  either  at  law  or  in  equity,  if  there  is  therein  or  thereon 
directly  or  indirectly  charged,  accepted  or  contracted  to  be  received  or 
paid,  either  in  money,  goods,  discount,  or  thing  in  action,  or  in  any  other 
way,  a  greater  benefit,  rate  of  discount,  or  interest  than  the  rate  of  two 
per  centum  per  month;  and  if  a  greater  benefit,  rate  of  discount  or  in- 
terest than  two  per  centum  per  month  is  directly  or  indirectly  advanced 
or  paid  upon  any  such  contract  as  is  in  this  section  designated,  the  excess 
above  the  said  rate  of  two  per  centum  per  month  so  advanced  or  paid 
may  be  demanded  and  recovered  by  the  person  or  his  legal  representa- 
tives or  assigns  who  advanced  or  paid  the  same  from  the  ()erson  or  cor- 
poration either  to  whom  or  for  whose  use  or  benefit  such  payment  or 
advance  or  any  part  thereof  was  made.  [Amendment  approved  April  21, 
1911;  Stats.  1911,  p.  978.] 


Act  2642,  §§  1,2  GENERAL   LAWS.  1656 

• 
Failure  to  comply  with  act  a  misdemeanor.     Penalty. 

§  6.  The  failure  of  any  person  or  corporation,  or  any  employee,  em- 
ployees, agent,  agents,  representative  or  representatives  making,  renew- 
ing or  extending  a  loan  or  advance  properly  falling  within  the  scope  of 
business  as  set  forth  in  section  1  of  this  act  to  comply  with  any  or  any 
part  of  the  provisions  of  section  5  hereof,  shall  be  guilty  of  a  misde- 
meanor and  for  the  first  offense  punished  in  the  manner  now  provided  by 
law  and  for  each  subsequent  offense  b}'  a  fine  of  not  less  than  fifty  dollars 
or  more  than  five  hundred  dollars  by  imprisonment  in  the  county  jail  of 
not  less  than  ten  days  and  not  to  exceed  six  months  or  by  both  such  fine 
or  imprisonment.  [Amendment  approved  April  21,  1911;  Stats.  1911, 
p.  979.] 

TITLE  375. 

PENSIONS. 
ACT  2642. 

An  act  authorizing  the  governor  to  appoint  a  commission  to  investigate 
and  report  at  the  forty-first  session  of  the  legislature  concerning  the 
adoption  of  a  system  of  old  age  insurance  and  pensions,  and  mothers' 
pensions,  and  making  an  appropriation  therefor. 

[Approved  June  16,  1913.     Stats.  1913,  p.  1353.] 

Commission  to  investigate  old  age  insurance  and  pensions,  and  mothers' 
pensions. 
§  1.  The  governor  of  California  is  hereby  authorized  and  requested 
to  appoint  a  commission  consisting  of  five  persons,  citizens  of  this  state, 
one  of  whom  shall  be  a  member  of  the  state  board  of  control,  to  investi- 
gate and  consider  the  various  systems  of  old  age  insurance,  old  age  pen- 
sions or  annuities,  also  mothers'  pensions  or  mothers'  compensations  now 
in  use  in  different  counties  of  this  or  other  states,  and  as  may  be  pro- 
posed or  as  are  now  in  operation  in  other  states  of  this  country  or  else- 
where abroad,  and  to  make  a  full  and  complete  report  of  its  findings 
with  all  data  so  obtained,  properly  tabulated,  to  the  legislature  at  its 
next  regular  session.  Said  commission  shall  report  also  statistics 
showing  the  probable  expense  to  the  state  of  various  systems,  or  of  any 
system  that  it  may  recommend  for  adoption  together  with  any  bills  of 
its  own  relating  to  this  subject  that  may  be  deemed  expedient. 

Appropriation. 

§  2.  There  is  hereby  appropriated  out  of  the  general  fund  not  other- 
wise appropriated,  and  the  controller  is  herewith  authorized  and 
directed  to  issue  his  warrants  for  same  from  time  to  time,  and  the  treas- 
urer is  likewise  authorized  and  directed  to  pay  the  same  on  presentation 
of  said  warrants,  the  sum  of  three  thousand  dollars  or  any  portion 
thereof  as  may  in  the  judgment  of  the  commission  be  required  to  com- 
plete its  work' under  the  provisions  of  this  acL 


1657  PENSIONS.  Act  2643,  §§  1-3 

ACT  2643. 

An  act  to  provide  for  the  payment  of  retirement  salaries  to  public  school 
teachers  of  this  state;  creating  a  public  school  teachers'  retirement 
salary  fund,  and  also  a  public  school  teachers'  permanent  fund,  pro- 
viding for  the  administration  of  such  funds,  and  making  an  ap- 
propriation for  the  uses  of  said  funds. 

[Approved  June   16,  1913.     Stats.   1913,  p.  1423.] 

School  teachers'  permanent  fund. 

§  1.  There  are  hereby  established  two  funds  in  the  state  treasury 
to  be  known,  respectively,  as  the  public  school  teachers'  retirement  salary 
fund  and  the  public  school  teachers'  permanent  fund.  The  public  school 
teachers'  permanent  fund  shall  be  made  up  of  all  moneys  received  from 
the  following  sources,  or  derived  in  the  following  manner: 

(1)  All  contributions  made  by  teachers,  as  hereinafter  provided; 

(2)  The  income  and  interest  derived  from  the  investment  of  the 
moneys  contained  in  such  fund; 

(3)  Five  per  cent  of  the  taxes  collected  during  the  fiscal  year  ending 
July  1,  1913,  and  each  fiscal  year  thereafter  under  the  inheritance  or 
transfer  tax  laws  of  this  state,  which  said  amount  shall  be  and  is  hereby 
appropriated  and  set  aside  to  constitute  part  of  the  public  school  teach- 
ers' permanent  fund.  It  is  hereby  made  the  duty  of  the  state  controller, 
at  the  beginning  of  each  fiscal  year,  including  the  fiscal  year  ending 
July  1,  1914,  to  transfer  from  the  general  fund  to  the  public  school  teach- 
ers' permanent  fund  an  amount  equal  to  five  per  cent  of  the  total  sum 
paid  into  the  state  treasury  during  the  preceding  fiscal  year  on  account 
of  inheritance  taxes; 

(4)  All  donations,  legacies,  gifts  and  bequests  which  shall  be  made  to 
such  fund,  and  all  moneys  which  shall  be  obtained  or  contributed  for 
the  same  purposes  from  other  sources; 

(5)  Appropriations  made  by  the  state  legislature  from  time  to  time 
to  carry  into  effect  the  purposes  of  this  act. 

School  teachers'  retirement  fund. 

§  2.  The  public  school  teachers'  retirement  salary  fund  shall  be  made 
up  of  such  moneys  as  shall  be  transferred  from  time  to  time  under  au- 
thority of  this  act  from  the  public  school  teachers'  permanent  fund. 

Transfers  to  meet  claims. 

§  3.  It  shall  be  the  duty  of  the  state  controller  and  of  the  state 
treasurer  to  make,  when  notified  by  the  public  school  teachers'  retire- 
ment salary  fund  board,  or  by  the  state  superintendent  of  public  in- 
struction, under  authority  of  this  act,  transfers  of  such  amounts  from  the 
public  school  teachers'  permanent  fund  to  the  public  school  teachers'  re- 
tirement salary  fund  as  will  be  sufficient  to  meet  the  claims  which  may  be 
legallv  drawn  against  said  public  school  teachers'  retirement  salary  fund; 
provided,  that  no  part  of  any  sums  derived  from  any  public  school  teach- 


Act  2643,  §§  4-7  general  laws.  1658 

ers'  annuity  fund  existing  in  any  city,  county,  or  consolidated  city  and 
county,  at  the  time  of  the  adoption  of  this  act  shall  ever  be  transferred 
from  the  public  school  teachers'  permanent  fund,  but  the  income  and 
interest  derived  from  the  investment  of  these  or  any  other  moneys  which 
have  been  paid  into  the  public  school  teachers'  permanent  fund  may  be 
transferred  under  authority  of  this  section. 

Annual  accumulation. 

§  4.  It  is  hereby  declared  to  be  the  intention  of  this  act  that  there 
shall  be  an  annual  accumulation  of  funds  amounting  to  ten  thousand 
dollars  per  year  in  the  public  school  teachers'  permanent  fund  and  no 
transfer  of  moneys  derived  from  any  source  shall  be  made  which  shall 
interfere  with  or  prevent  the  annual  accumulation  of  moneys  in  the 
public  school  teachers'  permanent  fund  to  that  extent. 

Monthly  deductions  from  teachers'  salaries. 

§  5.  There  sliall  be  deducted  monthly  from  the  salary  of  every  teacher 
subject  to  tlie  burdens  of  this  act.  one. dollar,  and  every  official  whose 
duty  it  is  to  pay  said  teachers'  salary  shall  make  said  deduction  at  the 
time  of  payment  and  shall,  at  the  end  of  each  quarter,  draw  a  warrant 
in  favor  of  the  state  treasurer  for  the  amounts  deducted.  The  amounts 
thus  deducted  shall  be  deposited  in  the  state  treasury  to  the  credit  of  the 
public  school  teachers'  permanent  fund,  and  shall  constitute  part  thereof. 

Eligibility  to  receive  benefits.  ' 

§  6.  No  person  shall,  except  as  hereinafter  otherwise  provided,  be 
eligible  to  receive  the  benefits  of  this  act  who  shall  not  have  paid  into 
said  public  school  teachers'  permanent  fund,  or  partly  into  said  fund  and 
partly  into  the  public  school  teachers'  annuity  and  retirement  fund, 
maintained  under  the  act  of  the  legislature  o'f  the  state  of  California, 
approved  March  26,  189.5,  and  acts  amendatory  thereof,  an  amount  equal 
to  twelve  dollars  for  each  year  of  service  up  to  and  including  thirty 
years;  provided,  however,  that  the  difference  between  the  amount 
actually  paid  by  such  teacher  of  thirty  years'  service,  and  three  hundred 
and  sixty  dollars,  may  be  paid  into  said  fund  by  such  teacher  at  the  time 
of  retirement,  with  the  same  effect  as  if  the  full  sum  of  three  hundred 
and  sixty  dollars  had  been  paid  at  the  rate  of  twelve  dollars  per  year 
before  retirement;  or,  the  sum  of  twenty  dollars  per  month  may  be  with- 
held from  such  teachers'  retirement  salary  until  the  amount  so  withheld 
shall  equal  the  difference  between  said  sum  of  three  hundred  and  sixty 
dollars  and  the  amount  theretofore  paid  into  said  permanent  fund,  or 
partly  into  said  last-mentioned  fund  and  partly  into  said  public  school 
teachers'  annuity  and  retirement  fund. 

Board. 

§  7.  The  state  board  of  education  shall  constitute  the  public  school 
teachers'  retirement  salary  fund  board.  The  president  and  secretary  of 
the  state  board  of  education  shall  be  the  president  and  secretary,  re- 
spectively, of  said  public  school  teachers'  retirement  salary  fund  board. 


1659  PENSIONS.  Act  2643,  §§  8, 9 

Powers  and  duties. 

§  8.  The  public  school  teachers'  retirement  salary  fund  board,  subject 
to  the  provisions  of  this  act,  shall  have  power,  and  it  shall  be  its  duty: 

(1)  To  approve  and  allow  retirement  salaries  of  public  school  teachers 
entitled  to  the  same  under  the  provisions  of  this  act; 

(2)  Through  its  president  or  other  officer  designated  by  it  for  that 
purpose,  to  audit  all  claims  and  demands  for  money  expended  or  author- 
ized to  be  expended  by  it,  and  certify  all  claims  and  demands  against  the 
public  school  teachers'  permanent  fund  and  the  public  school  teachers' 
retirement  salary  fund,  including  all  retirement  salary  demands,  to  the 
state  controller,  who  shall  draw  his  warrant  therefor  upon  the  state 
treasurer,  payable  out  of  said  fund;  provided,  that  no  d'emand  shall  be 
allowed  except  after  resolution  duly  passed  at  a  meeting  of  the  board  by 
a  majority  of  its  members,  which  adoptions  shall  be  attested  by  the 
secretary; 

(3)  To  require  the  boards  of  education,  school  trustees  and  other  public 
authorities,  and  all  officers  having  duties  to  perform  in  respect  to  the 
contributions  by  teachers  to  said  permanent  fund,  to  report  to  the  board 
from  time  to  time  as  to  such  matters  pertaining  to  the  payment  of  such 
contributions,  as  it  may  deem  advisable; 

(4)  To  invest  the  moneys  in  the  permanent  fund  in  securities  and  to 
collect  the  income  therefrom  and  interest  and  dividends  thereon;  fo 
deposit  such  securities  with  the  state  treasurer,  and  to  make  sale  of  such 
securities  when,  in  its  judgment  such  sale  will  be  advisable;  provided, 
that  none  of  the  moneys  in  the  public  school  teachers'  permanent  fund 
shall  be  invested  in  any  securities  except  such  securities  as  those  in  which 
the  funds  of  savings  banks  may  be  legally  invested.  The  state  controller 
is  authorized  to  draw  his  warrant  upon  the  public  school  teachers'  per- 
manent fund  in  paj-ment  of  duly  audited  claims  arising  out  of  the  invest- 
ment of  the  moneys  in  said  fund; 

(5)  To  prescribe  the  duties  of  the  secretary  and  other  officers  of  the 
board; 

(6)  To  conduct  investigations  in  all  matters  relating  to  the  operation 
of  this  act,  and  to  subpoena  witnesses  and  compel  their  attendance  to 
testify  before  it  in  respect  to  such  matters. 

Meetings. 

§  9.  Said  public  school  teachers'  retirement  salary  fund  board  shall 
meet  at  least  once  every  three  months,  and  at  each  quarterly  meeting 
s-hall  make  a  list  of  all  persons  entitled  to  payment  out  of  the  fund 
established  by  this  act,  and  enter  said  list  in  a  book  to  be  kept  by  the 
board  for  that  purpose,  to  be  known  as  the  "Public  School  Teachers'  Re- 
tirement Salary  Fund  Record."  Said  list  shall  be  certified  as  correct  by 
the  president  and  secretary  of  the  board,  and  shall  always  be  open  to 
public  inspection.  In  the  performance  of  the  duties  of  the  board,  each 
member  and  the  secretary  thereof  may  administer  oaths  and  affirmations 
to  witnesses  and  others  transacting  business  with  the  board. 


Act2643,§§  10-12  general  laws.  1660 

Rules  and  regulations. 

§  10.  The  board  shall  make  rules  and  regulations  not  inconsistent 
with  the  provisions  of  this  act,  which  shall  have  the  force  and  effect  of 
law.     Such  rules  and  regulations  shall: 

(1)  Provide  for  the  conduct  and  regulation  of  the  meetings  of  the 
board  and  the  operation  of  the  business  thereof; 

(2)  Provide  for  the  enforcement  and  carrying  into  effect  of  the  pro- 
visions of  this  act; 

(3)  Establish  a  system  of  accounts  showing  the  condition  of  the  public 
school  teachers'  permanent  fund  and  the  public  school  teachers'  retire- 
ment salary  fund,  and  receipts  and  disbursements  for  and  on  account  of 
said    funds; 

(4)  Prescribe  the  form  of  warrants,  vouchers,  receipts,  reports  and 
accounts  to  be  used  in  respect  to  said  funds; 

(5)  Regulate  the  duties  of  boards  of  education,  school  trustees  and 
other  school  authorities,  imposed  upon  them  by  this  act,  in  respect  to 
the  contributions  by  teachers  to  the  public  school  teachers'  permanent 
fund,  and  the  deduction  of  such  contributions  from  the  teachers'  salaries. 

Rules  governing  application  for  retirement  salaries. 

§  11.  In  addition  to  the  powers  hereinabove  enumerated  said  board 
shall  make  and  enforce  all  necessary  and  proper  rules  and  regulations 
for  the  method  or  methods  of  appljdng  for  and  obtaining  retirement 
salaries  provided  for  in  this  act,  and  for  the  method  or  methods  of  de- 
termining the  right  of  each  applicant  to  such  retirement  salary;  provided, 
however,  that  in  all  cases  legal  proof  of  all  necessary  facts  shall  be  re- 
quired and  kept  on  file. 

Report  of  amounts  required  in  each  city,  etc. 

§  12.  The  superintendent  of  public  schools  of  each  city,  county,  and 
consolidated  city  and  county,  shall  report  to  the  superintendent  of  public 
instruction,  before  the  fifteenth  day  of  July  of  each  year,  the  amount 
that  will  be  required  during  the  current  fiscal  year  to  pay  the  retirement 
salaries  to  be  paid  in  such  city,  county,  or  consolidated  city  and  county, 
and  said  superintendent  of  public  instruction  shall  determine  from  said 
reports  the  entire  amount  required  to  pay  said  retirement  salaries  dur- 
ing said  current  fiscal  year.  He  shall  report  the  amount  required  to 
make  such  payments  to  the  public  school  teachers'  retirement  salary 
fund  board,  and  thereupon  said  board  shall  notify  the  state  controller 
and  by  resolution,  duly  adopted,  shall  direct  him  to  make  transfer  of 
the  needed  amount  from  the  public  school  teachers'  permanent  fund  to 
the  public  school  teachers'  retirement  salary  fund.  It  shall  be  the  duty 
of  the  state  controller  thereupon  to  make  such  transfer  and  to  notify 
the  state  treasurer  in  order  that  he  may  make  corresponding  entry  in 
the  records  of  his  office.  When  claims  for  payment  of  retirement  sal- 
aries have  been  duly  audited  under  the  provisions  of  this  act,  the  con- 
troller shall  draw  his  warrant  therefor  upon  the  said  public  school  teach- 
ers' retirement  salary   fund. 


1661  PENSIONS.       Act  2643,  §§  13, 14 

Who  is  entitled  to  retirement  salary.  Amount.  Teachers  heretofore  re- 
tired. 
§  13.  Every  public  school  teacher  who  shall  have  complied  with  all 
the  requirements  of  this  act,  and  who  shall  have  served  as  a  legally 
qualified  teacher  in  public  day  or  evening  schools,  or  partly  as  such 
teacher  and  partly  as  superintendent  or  supervising  executive  or  edu- 
cational administrator,  for  at  least  thirty  school  years,  at  least  fifteen 
of  which  shall  have  been  in  the  public  schools  of  this  state,  including 
the  last  ten  years  of  service  immediately  preceding  retirement,  under  a 
legal  certificate  shall  be  entitled  to  retire;  or  if  physically  or  mentally 
incapacitated  for  the  proper  performance  of  the  duties  of  teacher,  may 
be  compelled  to  retire  by  the  board  of  education,  school  trustees  or  other 
school  authorities  employing  such  teacher.  Upon  retirement,  voluntary 
or  involuntary,  such  teacher  shall  be  entitled  to  receive,  during  life,  an 
annual  retirement  salary  of  five  hundred  dollars,  payable  in  installments 
quarterly  by  warrant  drawn  as  provided  iu  section  8  of  this  act; 
provided,  that  application  for  such  salary  be  made  within  two  years 
after  the  last  month  of  service,  except  in  cases  where  at  the  time  the 
right  to  the  retirement  salary  accrues  such  teacher  has  been  absent  two 
years  or  more  from  service,  on  leave  duly  granted  by  the  board  of 
education,  board  of  trustees  or  other  public  school  authorities  employ- 
ing such  teacher.  In  such  cases,  the  application  may  be  made  at  any 
time  during  the  said  leave  of  absence.  All  teachers  heretofore  retired 
after  thirty  years  of  service,  under  the  provisions  of  the  act  of  the  legis- 
lature of  the  state  of  California,  approved  March  26,  1895,  entitled  "An 
act  to  create  and  administer  a  public  school  teachers'  annuity  and 
retirement  fund  in  the  several  counties  and  cities  and  counties  in  the 
state,"  and  acts  amendatory  thereof  shall  be  entitled  to  an  annual  re- 
tirement salary  of  five  hundred  dollars,  payable  in  installments  quarterly 
by  warrants  drawn  as  provided  in  section  8  of  this  act. 

Teachers  incapacitated  may  receive  retirement  salary, 

§  14.  Any  public  school  teacher  who  shall  have  complied  with  all 
the  requirements  of  this  act  and  who  shall  have  served  as  a  legally 
qualified  teacher  for  at  least  fifteen  years  in  the  public  schools  of  this 
state,  and  who  shall  have  by  reason  of  bodily  or  mental  infirmity  be- 
come physically  or  mentally  incapacitated  for  further  scliool  service, 
under  a  legal  certificate  shall  be  entitled  to  retire,  or  may,  by  the  board 
of  education,  school  trustees  or  other  school  authorities  employing  such 
teacher,  be  compelled  to  retire.  Upon  retirement,  voluntary  or  invol- 
untary, such  teacher  shall  be  entitled  to  receive  during  the  period  of 
such  disabilitv,  an  annual  retirement  salary,  payable  in  installments 
quarterly,  which  shall  be  the  same  fraction  of  the  maximum  retirement 
salary  of  five  hundred  dollars  as  said  teacher's  time  of  service  is  of 
thirty  years;  provided,  that  application  for  such  retirement  salary  shall 
be  made  within  two  years  of  the  last  month  of  service.  Each  teacher 
who,   by   reason   of  incapacity   due   to   bodily   or  mental  infirmity,   shall 


Act  2643,  §§  15-19  general  laws.  1662 

have  retired  under  the  aforesaid  act,  approved  March  26,  1895,  and  acts 
amendatory  thereof,  after  fifteen  years'  service,  shall  receive  upon  the 
taking  effect  of  this  act  and  during  the  period  of  disability,  an  annual 
retirement  salary  which  shall  be  the  same  fraction  of  the  maximum 
retirement  salary  of  five  hundred  dollars,  as  said  teacher's  time  of  ser- 
vice is  of  thirty  years. 

Service  in  normal  schools. 

§  15.  Service  of  a  teacher,  with  or  without  a  certificate,  in  a  state 
notmal  school,  shall  be  equivalent  to  service  under  legal  certificate  in  a 
day  or  evening  school,  and  the  time  of  said  service  in  a  state  normal 
school  shall  be  reckoned  in  determining  the  right  to  retirement  salaries 
under  the  provisions  of  sections  13  and  14  of  this  act. 

School  year. 

§  16.  In  counting  actual  experience  for  the  purposes  of  this  act,  the 
state  board  of  education  shall  determine  what  constitutes  a  school  year; 
provided,  that  in  no  case  shall  leaves  of  absence  amounting  to  school 
years,  or  half  school  years,  be  counted  as  service;  and  provided,  further, 
that  in  reckoning  the  time  of  service  for  the  purposes  of  this  act,  the 
night  school  term  shall  be  considered  the  same  as  and  equivalent  to 
the  day  school  term. 

Teachers  bound  by  act. 

§  17.  This  act  shall  be  binding  upon  all  such  teachers  employed  in 
the  public  schools  of  this  state  at  the  time  of  the  approval  of  this  act, 
as  shall,  on  or  before  January  1,  1914,  sign  and  deliver  to  the  super- 
intehdent  of  public  instruction  and  the  superintendent  of  public  schools 
orf  the  city,  countj^  or  consolidated  city  and  county  in  which  said 
teachers  are  in  service,  a  notification  that  said  teachers  agree  to  be 
bound  by  and  to  avail  themselves  of  the  benefits  of  this  act. 

Teachers  bound  by  act. 

§  18.  This  act  shall  be  binding  upon  all  teachers  elected  or  appointed 
to  teach  in  the  public  schools  of  this  state  after  the  approval  of  this  act, 
who,  not  being  in  the  service  of  the  public  schools  at  the  time  of  tlic 
approval  of  said  act,  were  not  competent  to  sign  or  deliver  the  notifica- 
tion specified  in  section  17. 

Salary  to  cease  on  re-employment. 

§  19.  If  any  teacher  retired  under  the  provisions  of  this  act  shall  be 
re-employed  in  the  public  schools  of  this  state,  such  teacher's  retirement 
salary  shall  cease;  and  if  any  teacher  having  qualified  under  section  14 
hereof  returns  to  service  in  the  public  schools  of  the  state  and  thereafter 
qualifies  under  section  13  hereof,  there  shall  be  deducted  from  the  re- 
tirement salary  payable  to  such  teacher  under  the  provisions  of  section 
13  hereof  the  amount  of  retirement  salary,  theretofore  actually  received 
by  such  teacher  under  the  provisions  of  section   14  hereof,  such  amount 


1663  PILOTS.  Acts  2650-2723 

to  be  so  deducted  in  equal  quarterly  installments  until  the  whole  amount 
so  received  under  said  section  14  shall  have  been  deducted;  provided, 
however,  that  the  amount  of  such  deduction  to  be  made  quarterly  shall 
not  exceed  thirty-five  dollars. 

Only  one  salary. 

§  20.  No  one  shall  be  permitted  to  draw  from  the  state,  directly  or 
indirectly,  more  than  one  retirement  salary.  Nothing  in  this  act  shall 
be  so  construed,  however,  as  to  prevent  local  communities  or  bodies  of 
teachers  from  supplementing  the  retirement  salary  received  from  the 
state. 

City,  etc.,    fund  to  be  delivered  to  state  treasurer. 

§  21.  Every  public  school  teacher's  annuity  fund  existing  in  any  city, 
county,  or  consolidated  city  and  county,  established  under  the  aforesaid 
act,  approved  March  26,  1895,  shall  within  six  months  after  this  act 
goes  into  effect,  be  delivered  to  the  state  treasurer  and  by  him  turned 
into  the  public  school  teachers'  permanent  fund  created  by  this  act, 
and  shall  be  added  to  and  become  part  of  the  permanent  fund  provided 
for  in  section  1  of  this  act. 

Repealed. 

§  22.  Said  act  of  the  legislature  of  the  state  of  California,  approved 
March  26,   1895,  and   all   acts  amendatory  thereof,   are   hereby  repealed. 

TITLE  377. 

PETALUMA,  CITY  OF. 
ACT  2650. 

Charter  of  Petaluma.     [Stats.   1911,  p.  1799.] 

ACT  2666. 

Citations.      Cal.   159/511. 

ACT  2667. 

Citations.     Cal.  159/511. 

TITLE  380. 

PILOTS. 
ACT  2672. 
To  provide  for  the  appointment  of  pilots  at  the  port  of  Wilmington  and 

the  bay  of  San  Pedro,  and  defining  their  duties  and  compensation, 

LStats.^  1889,  p.  416.] 

Repealed  May  1,   1911    (StatS.   1911,  p.   1269). 

ACT  2723. 

Citations.      Cal.    159/511. 


Act  2724,  §  1  GENERAL   LAWS.  16  CI 

TITIjE  386. 

POISONS. 
ACT  2724. 

An  act  to  regulate  the  sale  of  poisons  in  the  state  of  California  and 
providing  a  penalty  for  the  violation  thereof. 
[Approved  March  6,  1907.     Stats.  1907,  p.  124.] 
Amended   1909,  p.   422;    1911,  p.   1106;    1913,  p.   692. 

The  amendments  of  1911  and  1913  are  as  follows: 

Labeling  packages  of  poisons.  Sale  for  legitimate  purposes  only.  Giv- 
ing fictitious  names.  Schedule  and  antidote  given  pharmacists. 
Entries  of  sales. 
§  1.  It  shall  be  unlawful  for  any  j^erson  to  vend,  sell,  give  away  or  fur- 
nish, either  directly  or  indirectly  any  poisons  enumerated  in  schedules 
"A"  and  "B"  in  section  7  of  this  act  as  hereinafter  set  forth,  without 
labeling  the  package,  box,  bottle  or  paper  in  which  said  poison  is  con- 
tained, with  the  name  of  the  article,  the  word  "poison,"  and  the  name 
and  place  of  business  of  the  person  furnishing  the  same.  Said  labels 
shall  be  substantially  in  the  form  hereinafter  provided.  It  shall  be 
unlawful  to  sell  or  deliver  any  of  the  poisons  named  in  schedule  "A"  or 
any  other  dangerously  poisonous  drug,  chemical,  or  medicinal  substance, 
which  may  from  time  to  time  be  designated  by  the  state  board  of 
pharmacy  of  California,  unless  on  inquiry  it  is  found  that  the  person 
desiring  the  same  is  aware  of  its  poisonous  character,  and  it  satisfac- 
torily appears  that  it  is  to  be  used  for  a  legitimate  purpose.  It  shall 
be  unlawful  for  any  person  to  give  a  fictitious  name  or  make  any  false 
representations  to  the  seller  or  dealer  when  buying  any  of  the  poisons 
thus  enumerated;  provided,  that  this  prohibition  shall  not  apply  to  an 
officer  or  inspector  of  the  state  board  of  pharmacy  in  the  performance 
of  the  duties  enjoined  by  law  upon  said  board,  or  to  any  person  acting 
under  authority  of  said  board  in  the  performance  of  said  duties. 
Printed  notice  of  all  such  additions  to  the  schedule  of  poisons  named 
and  provided  for  in  this  section,  and  the  antidote  adopted  by  the  board 
of  pharmacy  for  such  poisons  shall  be  given  to  all  registered  pharma- 
cists with  the  next  following  renewal  of  their  certificates.  It  shall  be 
unlawful  to  sell  or  deliver  any  poison  included  in  schedule  "A"  or  the 
additions  thereto,  without  making  or  causing  to  be  made,  at  the  time 
of  said  sale,  an  entry  in  a  book  kept  solely  for  that  purpose,  stating 
the  date  and  hour  of  sale,  and  the  name,  address  and  signature  of  the 
purchaser,  the  name  and  quantity  of  the  poison  sold,  the  statement  by 
the  purchaser  of  the  purpose  for  which  it  -is  required,  and  the  name  of 
the  dispenser,  who  must  be  a  duly  registered  pharmacist;  provided, 
however,  that  said  entry  shall  be  made  out  in  full,  in  ink  before  said 
signature  of  the  purchaser  is  made  thereto,  and  that  said  entry  shall 
be  made  by  said  dispenser  himself,  and  not  by  any  person  who  is  not 
a    duly    registered    pharmacist    or   duly   registered    assistant   pharmacist. 


T 


1G65  POISONS.  Act  2724,  §|  4-7 

Said  book  shall  be  in  form  substantially  as  follows: 


Date 
and 
hour. 

Name 
of  pur- 
chaser. 

Residence. 

Kind 
and 

quantity. 

Pur- 
pose of 
use. 

Signa- 
ture of 
druggist. 

Signa- 
ture of 
purchaser. 

This  book  shall  always  be  open  for  inspection  by  the  proper  authorities, 
and  shall  be  preserved  for  at  least  five  years  after  the  date  of  the  last 
entry  therein.     [Amendment  approved  June  11,  1913;  Stats.  1913,  p.  692.] 

Board  may  further  restrict  sales. 

§  -4.  When  in  the  opinion  of  the  state  board  of  pharmacy,  it  is  in 
the  interest  of  the  public  health,  they  are  hereby  empowered  to  fur- 
ther restrict,  or  prohibit  the  retail  sale  of  any  poison  by  rules,  not  in- 
consistent with  the  provisions  of  this  act,  by  them  to  be  adopted,  and 
which  rules  must  be  applicable  to  all  persons  alike.  It  shall  be  the 
duty  of  the  board,  upon  request,  to  furnish  any  dealer  with  a  copy  of 
the  laws  relating  to  articles,  preparations  and  compounds,  the  sale  of 
which  is  prohibited  or  regulated  by  this  act.  [Amendment  approved 
June  11,  1913;  Stats.  1913,  p.  693.] 

District  attorney  to  prosecute. 

§  6.  It  is  hereby  made  the  duty  of  the  district  attorney  of  the  county 
wherein  any  violation  of  this  act  is  committed,  to  conduct  all  actions 
and  prosecutions  for  the  same,  at  the  request  of  the  board  of  phar- 
macy; provided,  however,  that  the  board  may  employ  special  counsel 
to  assist  the  district  attorney  in  such  actions  and  prosecutions.  [Amend- 
ment approved  June  11,  1913;   Stats.  1913,  p.  694.] 

Penalties.     Sections  8  or  8a.     Schedule  "A."     Schedule  "B." 

§  7.  Any  person  violating  any  of  the  provisions  of  sections  8  or  8a 
of  this  act  shall  upon  conviction  be  punished  as  follows,  viz.:  for  the 
first  offense  by  a  fine  of  not  less  than  one  hundred  dollars,  and  not  to 
exceed  four  hundred  dollars,  or  by  imprisonment  for  not  less  than  fifty 
days  and  not  exceeding  one  hundred  and  eighty  days,  or  by  both  such 
fine  and  imprisonment;  for  the  second  offense  by  a  fine  of  not  less  than 
two  hundred  and  fifty  dollars,  and  not  to  exceed  five  hundred  dollars,  or 
by  imprisonment  for  not  less  than  ninety  days  and  not  exceeding  six 
months,  or  by  both  such  fine  and  imprisonment;  and  for  the  third 
offense  by  imprisonment  in  the  state  prison  for  n^ot  less  than  one  year 
and  not  more  than  five  years.  Any  person  violating  any  of  the  provi- 
sions of  this  act,  except  those  contained  in  sections  8  or  8a,  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  shall  be  fined  in 
a  sum  not  less  than  tliirty  dollars,  nor  more  tlian  two  hundred  dollars, 
or  by  imprisonment  for  not  less  than  thirty  days  and  not  more  than 
fifty 'days,  or  by  both  such  fine  and  imprisonment.  All  moneys  received 
under  the  operation  of  this  act  shall  be  paid  by  the  magistrate  receiv- 
ing the  same,  seventy-five  (75%)  per  cent  to  the  state  board  of  phar- 
105 


Act  2724,  §  8  GENERAL   LAWS.  1666 

macy,  and  twenty-five  (25%)  per  cent  to  the  city  treasurer  of  the  city, 
if  incorporated,  or  to  the  county  treasurer  of  the  county  in  which  the 
prosecution  is  conducted.  The  following  is  schedule  "A"  referred  to  in 
section  1,  viz.:  Schedule  "A,"  arsenic,  its  compounds  and  preparations, 
corrosive  sublimate,  and  other  poisonous  derivatives  of  mercury,  corrosive 
sublimate  tablets,  antiseptic  tablets  containing  corrosive  sublimate, 
cj-anide  of  potassium,  strychnine,  hydrocyanic  acid,  oils  of  croton,  rue 
and  tansy,  phosphorus  and  its  poisonous  derivatives  and  compounds, 
compound  solution  of  cresol,  Ij'sol,  strophanthus  or  its  preparations, 
aconite,  belladonna,  nux  vomica,  veratrum  viride,  their  preparations, 
alkaloids  or  derivatives,  ant  poison  containing  any  of  the  poisons  enum- 
erated in  this  schedule. 

The  following  is  schedule  "B":  Hydrochloric  or  muriatic  acid,  nitric 
acid,  oxalic  acid,  sulphuric  acid,  bromine,  chloroform,  cowhage,  creosote, 
ether,  solution  of  formaldehj-de  or  formalin;  cantharides,  cocculus  in- 
dicus,  all  their  preparations;  iodine,  or  its  tinctures,  oils  of  savin  and 
pennyroyal,  tartar  emetic,  and  other  poisonous  derivatives  of  antimony, 
sugar  of  lead,  sulphate  of  zinc,  and  wood  alcohol.  [Amendment  ap- 
proved June   11,  1913;   Stats.   1913,  p.   694.] 

Unlawful  to  sell  cocaine,  opium,  etc.,  except  on  physician's  prescription. 
Refilling  prescriptions.  Book  of  sales.  Habitual  users.  What  ap- 
plications not  included. 
§  8.  It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  sell, 
furnish  or  give  away  or  offer  to  sell,  furnish  or  give  away  or  to  have 
in  their  or  his  possessiion  any  cocaine,  opium,  morphine,  codeine,  heroin, 
alpha  eucaine,  beta  eucaine,  nova  eaine  or  chloral  hydrate  or  any  of  the 
salts,  derivatives  or  compounds  of  the  foregoing  substances  or  any  prepa- 
ration or  compound  containing  any  of  the  foregoing  substances  or  their 
salts,  derivatives  or  compounds  excepting  upon  tlie  written  order  or  pre- 
scription of  a  physician,  dentist  or  veterinary  surgeon,  licensed  to  prac- 
tice in  this  state,  which  order  or  prescription  shall  be  dated  and  shall 
contain  the  name  of  the  person  for  whom  prescribed,  written  in  by  the 
person  writing  said  prescription,  or  if  ordered  b}'  a  veterinary  surgeon 
it  shall  state  the  kind  'of  animal  for  which  ordered  and  shall  be  signed 
by  the  person  giving  the  prescription  or  order.  Such  order  or  prescrip- 
tion shall  be  permanently  retained  on  file  by  the  person,  firm  or  corpo- 
ration who  shall  compound  or  dispense  the  articles  ordered  or  pre- 
scribed and  it  shall  not  be  again  compounded  or  dispensed  if  each  fluid 
or  avoirdupois  ounce  contains  more  than  eight  grains  of  opium  or  one 
grain  of  morphine,  or  two  grains  of  codeine,  or  one-half  grain  of  heroin, 
or  one  grain  of  cocaine,  or  one  grain  of  alpha  eucaine,  or  one  grain  of 
beta  eucaine,  or  one  grain  of  nova  caine,  or  sixty  grains  of  chloral 
hydrate,  excepting  upon  the  written  order  of  the  prescriber  for  each 
and  every  subsequent  compounding  or  dispensing.  No  copy  or  dupli- 
cate of  such  written  order  or  prescription  shall  be  made  or  delivered 
to  any  person  but  the  original  shall  be  at  all  times  open  to  inspection 


1667  POISONS.  Act  2724,  §  8 

by  the  prescriber  and  properly  authorized  officers  of  the  law  and  shall 
be  preserved  for  at  least  three  years  from  the  date  of  the  filling  thereof; 
provided,  that  the  above  provisions  shall  not  apply  to  sales  at  whole- 
sale by  jobbers,  wholesalers  and  manufacturers  to  pharmacies,  as  defined 
in  section  1  of  an  act  entitled:  "An  act  to  regulate  the  practice  of  phar- 
macy in  the  state  of  California  and  to  provide  a  penalty  for  the  viola- 
tion thereof;  and  for  the  appointment  of  a  board  to  be  known  as  the 
California  state  board  of  pharmacy,"  approved  March  20,  1905,  and  acts 
amendatory  thereof;  or  physicians,  nor  to  each  other,  nor  to  the  sale 
at  retail  in  pharmacies  by  pharmacists  to  physicians,  dentists  or  veter- 
inary surgeons  duly  licensed  to  practice  in  this  state;  provided,  further, 
that  all  such  wholesale  jobbers,  wholesalers  and  manufacturers,  in  this 
section  mentioned  shall  before  delivery  of  any  of  the  articles  in  this 
section  enumerated  make  or  cause  to  be  made  in  a  book  kept  for  that 
purpose  only,  an  entry  of  the  sale  of  any  such  article  stating  the  date 
of  such  sale  and  quantity  and  name  of  the  article  and  form  in  which 
sold,  the  true  name  and  true  address  of  the  purchaser,  the  name  of  the 
person  by  whom  such  entry  and  sale  was  made,  also  a  statement  show- 
ing how  delivery  was  had,  whether  delivered  personally  or  forwarded 
by  mail,  express  or  by  freight,  which  book  shall  be  substantially  as 
follows: 


Date  of 
sale. 


Quantity  and 
name  of  article. 


Name  of 
purchaser. 


How 
delivered. 


Name  of  person 
selling. 


and  said  book  shall  always  be  open  for  inspection  by  any  peace  officer 
or  any  member  of  the  board  of  pharmacy  or  any  inspector  authorized 
by  said  board  and  such  book  shall  be  preserved  for  at  least  five  years 
after  the  date  of  the  last  entry  therein.  The  taking  of  any  order,  or 
making  of  any  contract  or  agreement,  by  any  traveling  representative, 
or  any  employee,  of  any  person,  firm  or  corporation,  for  future  delivery 
in  this  state,  of  any  of  the  articles  or  drugs  mentioned  in  this  section 
shall  be  deemed  a  sale  of  said  articles  or  drugs  by  said  traveling  repre- 
sentative, or  employee,  within  the  meaning  of  the  provisions  of  this  act; 
provided,  further,  that  a  true  and  correct  copy  of  all  orders,  contracts 
or  agreements  taken  for  narcotic  drugs  specified  in  this  section  shall  be 
forwarded  by  registered  mail  to  the  secretary  of  the  California  state 
board  of  pharmacy  within  twenty-four  hours  after  the  taking  of  such 
order,  contract  or  agreement,  unless  such  order,  contract  or  agreement 
is  recorded  by  entry  in  a  book  used  for  that  purpose  only,  of  some  whole- 
sale jobber,  wholesaler,  or  manufacturer  permanently  located  in  this 
state,  as  provided  for  in  this  section.  It  shall  be  unlawful  for  any 
practitioner  of  medicine,  dentistry  or  veterinary  medicine  to  furnish  to 
or  prescribe  for  the  use  of  any  habitual  user  of  the  same,  or  of  anyone 
representing  himself  as  such,  any  cocaine,  opium,  morphine,  ccdeine, 
heroin,  or  chloral  hydrate,  or  any  salt,  derivative  or  compound  of  tlie 
foregoing    substances    or    their    salts,    derivatives    ot    compounds;    and    it 


Act  2724,  §  §  8a,  8b  general  laws.  1668 

shall  also  be  unlawful  for  any  practitioner  of  medicine  or  dentistry  to 
prescribe  any  of  the  foregoing  substances  for  any  person  not  under  his 
treatment  in  the  regular  practice  of  his  profession,  or  for  any  veterin- 
ary surgeon  to  prescribe  any  of  the  foregoing  substances  for  the  use  of 
any  human  being;  provided,  however,  that  the  provisions  of  this  sec- 
tion shall  not  be  construed  to  prevent  any  duly  licensed  physician  from 
furnishing  or  prescribing  in  good  faith  as  their  physician  by  them  em- 
ployed as  such,  for  any  habitual  user  of  any  narcotic  drugs  who  is 
under  his  professional  care,  such  substances  as  he  may  deem  necessary 
for  their  treatment,  when  such  prescriptions  are  not  given  or  substances 
furnished  for  the  purpose  of  evading  the  purposes  of  this  act;  provided, 
that  such  licensed  physician  shall  report  in  writing,  over  his  signature, 
by  registered  mail,  to  the  office  of  the  California  state  board  of  phar- 
macy, within  twenty-four  hours  after  the  first  treatment,  each  and  every 
habitual  user  of  such  narcotic  drugs  as  are  enumerated  in  this  seetion, 
whom  he  or  she  has  taken,  in  good  faith,  under  his  or  her  professional 
care,  for  the  cure  of  such  habit,  such  report  to  contain  the  date,  name 
and  address  of  such  patient,  and  the  name  and  quantity  of  the  nar- 
cotic or  narcotics  prescribed  in  such  treatment;  provided,  further,  that 
the  provision  immediately  foregoing  shall  not  apply  to  any  licensed 
physician  treating  such  habitue  in  good  faith  who  personally  administers 
such  narcotics,  enumerated  in  this  section,  after  writing  a  prescription 
therefor;  and  provided,  further,  that  the  above  provisions  shall  not  apply 
to  preparations  sold  or  dispensed  without  a  physician's  prescription  con- 
taining not  more  than  two  grains  of  opium,  or  one-fourth  grain  of  mor- 
phine, or  one-half  grain  of  codeine,  or  one-sixth  grain  of  cocaine,  or 
one-sixth  grain  of  heroin,  or  one-sixth  grain  eucaine,  or  one-sixth  grain 
nova  caine,  or  one-sixth  grain  beta  eucaine,  or  ten  grains  chloral  hydrate 
in  one  fluid  ounce  or,  if  a  solid  preparation,  in  one  ounce,  avoirdupois. 
[Amendment  approved  June  11,  1913;  Stats.  1913,  p.  695.] 
Also  amended  April  25,  1911    (Stats.   1911,  p.  1106). 

Unlawful  to  possess  opium  pipes. 

§  8a.  The  possession  of  a  pipe  or  pipes  used  for  smoking  opium 
(commonly  known  as  opium  pipes)  or  the  usual  attachment  or  attach- 
ments thereto,  or  extracts,  tinctures,  or  other  narcotic  preparations  of 
hemp,  or  loco-weed,  their  preparations  or  compounds  (except  corn  reme- 
dies containing  not  more  than  fifteen  grains  of  the  extract  or  fluid  ex- 
tract of  hemp  to  the  ounce,  mixed  with  not  less  than  five  times  its 
weight  of  salicylic  acid  combined  with  collodion),  is  hereby  made  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  punishable  by  the  penal- 
ties prescribed  in  section  7  of  this  act.  [Amendment  approved  June  11, 
1913;  Stats.  1913,  p.  697.] 

Section  adopted  April  25,  1911   (Stats.  1911,  p.  1106). 

Opium  pipes  may  be  seized  by  peace  ofiB.cers.     Pipes    to    be    destroyed. 
Sale  of  naxcotics  seized. 
§  8b.     All  narcotic  drugs  specified  in  section  S  and  also  all  pipes  used 
for    smoking    opium    (commonly    known    as    opium    pipes)   or  the  usual 


1669  POISONS.  Act  2724,  §§  8c-9 

attachments  thereto,  ot  extracts,  tinctures,  or  other  narcotic  preparations 
of  hemp,  or  loco-weed,  their  preparations  or  compounds  (except  corn 
remedies  containing  not  more  than  fifteen  grains  of  the  extract  or  fluid 
extract  of  hemp  to  the  ounce,  mixed  with  not  less  than  five  times  its 
weight  of  salicylic  acid  combined  with  collodion),  may  be  seized  by  any 
peace  officer,  and  in  aid  of  such  seizure  a  search-warrant  or  search-war- 
rants may  be  issued  in  the  manner  and  form  prescribed  in  chapter  3 
of  title  12  of  part  2  of  the  Penal  Code.  All  such  narcotic  drugs,  pipes 
used  for  smoking  opium  (commonly  known  as  opium  pipes)  or  the  usual 
attachments  thereto,  and  all  such  hemp  seized  under  the  provisions  of 
this  act  shall  be  ordered  destroyed  by  the  judge  of  the  court  in  which 
final  conviction  was  had;  said  order  of  destruction  shall  contain  the 
name  of  the  party  charged  with  the  duty  of  destruction  as  herein  re- 
quired; provided,  however,  that  the  judge  shall  turn  all  such  evidence 
over  to  the  California  state  board  of  pharmacy  for  such  destruction; 
and  provided,  further,  that  the  board  of  pharmacy  may  dispose  of  all 
narcotics  now  on  hand  or  hereafter  coming  into  their  possession,  (other 
than  smoking  opium)  either  by  gift  to  the  medical  director  of  California 
state  prisons  or  state  hospitals  or  by  sale  to  wholesale  druggists,  the 
funds  received  from  such  sales  to  be  applied  by  the  board  of  pharmacy 
to  the  carrying  out  of  the  provisions  of  this  act  or  of  the  act  creating 
such  California  state  board  of  pharmacy.  [Amendment  approved  June 
11,  1913;   Stats.  1913,  p.  697.] 

Section  adopted  April  25,   1911    (Stats.  1911,  p.   IIOS). 

Revocation  of  pharmacist  registration. 

§  8c.  The  board  may  revoke  the  registration  of  any  registered  phar- 
macist or  assistant  pharmacist  upon  conviction  of  the  second  offense  for 
violating  any  of  the  provisions  of  section  8  or  8a  of  this  act,  and  in 
such  case  said  registration  shall  not  be  restored  before  the  period  of  one 
year  from  the  date  of  said  revocation.  [New  section  approved  June  11, 
1913;  Stats.  1913,  p.  698.] 

Enforcement  of  Penal  Code,  section  307. 

§  8d.  The  state  board  of  pharmacy  is  hereby  charged  with  the  en- 
forcement of  the  provisions  of  section  307  of  the  Penal  Code  and  all 
fines  imposed  for  violation  of  said  section  upon  collection  shall  be  dis- 
posed of  as  is  provided  for  the  disposition  of  fines  in  section  7  of  this 
act.     [New  section  approved  June  11,  1913;  Stats.  1913,  p.  698.] 

Sale  of  carbolic  acid  prohibited. 

§  9.  The  sale  or  furnishing  of  carbolic  acid  (phenol)  in  quantities  of 
less  than  one  pound  is  prohibited  unless  upon  the  prescription  of  a  pliysi- 
cian,  deptist  or  veterinary  surgeon  duly  licensed  to  practice  in  this  state, 
but  this  prohibition  shall  not  apply  to  solutions  of  carbolic  acid  (phenol) 
containing  not  over  ten  per  cent  of  the  carbolic  acid  (i)henol)  and  not  less 
than  ten  per  cent  of  ethyl  alcohol.  All  sales  of  carbolic  acid  (phenol) 
thus  diluted  so  as  to  contain  no  more  than  ten  per  cent  of  carbolic  acid 


Acts  2735-2737  general  laws.  1670 

(phenol)  may  be  made  under  the  same  conditions  as  the  drugs  enumer- 
ated in  schedule  "B"  as  found  in  section  7,  but  sales  of  carbolic  acid 
(phenol)  containing  more  than  ten  per  cent  of  said  acid  shall  be  regis- 
tered subject  to  the  same  regulations  as  the  poisons  enumerated  in  sched- 
ule "A"  as  found  in  section  7.  [Amendment  approved  April  25,  1911; 
Stats.  1911,  p.  1108.] 

Citations.      Cal.   155/112,   113;    159/509,  510,  511.     App.  8/564,   565. 

ACT  2735. 

Citations.     App.  19/90,  251;   (§7)  19/251. 

TITLE  387. 

POLICE. 
ACT  2737. 

An  act  providing  that,  in  any  city  of  the  first  class  or  city  and  county 
in  this  state,  where  by  general  law  or  by  charter  the  board  of  police 
commissioners  of  such  city,  or  city  and  county  are  authorized  and 
empowered,  to  appoint,  promote,  suspend,  disrate  or  dismiss  any  po- 
lice officer  or  member  of  the  police  department,  and  to  prescribe  rules 
and  regulations  for  the  government,  discipline,  equipment  and  uni- 
form of  such  police  department,  and  from  time  to  time  to  alter  or 
repeal  the  same,  and  to  prescribe  penalties  for  the  violations  of  any 
such  rules  and  regulations,  all  such  rules  and  regulations  must  be 
reasonable  and  couched  in  plain  and  concise  language,  and  provid- 
ing that  such  board  of  police  commissioners  shall  prescribe  a  sepa- 
rate and  distinct  penalty  for  the  violation  of  each  of  such  rules  and 
regulations  which  shall  be  graded  according  to  the  importance  and 
nature  of  the  rule  or  regulation  violated,  and  providing  that  such 
penalty  shall  in  all  cases  be  reasonable,  and  that  the  same  shall  be 
couched  in  plain  and  concise  language,  and  printed  or  published,  as 
the  ease  may  be,  in  the  manual  or  guide  published  for  the  guidance 
and  information  of  the  police  officers  or  members  of  such  police  de- 
partment and  in  connection  with  the  rule  or  regulation  to  which  the 
same  is  intended  to  apply,  and  providing  further  that  such  board 
of  police  commissioners  shall  not  have  power  to  inflict  unreasonable 
penalties  for  the  violation  of  such  rules  and  regulations;  nor  to  in- 
flict penalties  for  the  violation  of  such  rules  and  regulations  arbi- 
trarily, nor  unless  justified  by  proper  and  competent  evidence,  also 
providing  certain  procedure  in  hearings  for  the  violation  of  such 
rules  and  regulations,  and  that  courts  of  competent  jurisdiction  may 
review  the  proceedings  had  upon  such  hearings  for  certain  purposes, 
and  that  all  acts  and  parts  of  acts  in  conflict  herewith  are  hereby 
repealed.  [Approved  March  23,  1907.  Stats.  1907,  p.  993.] 
Amended  1911,  p.  1158. 
The  ame'ndments  of  1911  are  as  follows: 


1671  POLICE.  Act  2737 

Act  giving  police  commissioners  power  to  make  regulations,  etc.,  amended. 
New  title. 
The  title  of  an  act  entitled  "An  act  providing  that,  in  any  city 
of  the  first  class  or  city  and  county  in  this  state,  where  by  general  law 
or  by  charter  the  board  of  police  commissioners  of  such  city,  or  city  and 
county  are  authorized  and  empowered  to  appoint,  promote,  suspend,  dis- 
rate or  dismiss  any  police  officer  or  member  of  the-  police  department,  and 
to  prescribe  rules  and  regulations  for  the  government,  discipline,  equip- 
ment and  uniform  of  such  police  department,  and  from  time  to  time  to 
alter  or  repeal  the  same,  and  to  prescribe  penalties  for  the  violations  of 
any  such  ryles  and  regulations,  all  such  rules  and  regulations  must  be 
reasonable  and  couched  in  plain  and  concise  language,  and  providing  that 
such  board  of  police  commissioners  or  board  of  trustees  shall  prescribe  a 
separate  and  distinct  penalty  for  the  violation  of  each  of  such  rules  and 
regulations  which  shall  be  graded  according  to  the  importance  and  nature 
of  the  rule  or  regulation  violated,  and  providing  that  such  penalty  shall 
in  all  cases  be  reasonable,  and  that  the  same  shall  be  couched  in  plain 
and  concise  language,  and  printed  or  published,  as  the  case  may  be,  in 
the  manual  or  guide  published  for  the  guidance  and  information  of  the 
police  officers  or  members  of  such  police  department  and  in  connection 
with  the  rule  or  regulation  to  which  the  same  is  intended  to  apply,  and 
providing  further  that  such  board  of  police  commissioners  shall  not  have 
power  to  inflict  unreasonable  penalties  for  the  violation  of  such  rules  and 
regulations;  nor  to  inflict  penalties  for  the  violation  of  such  rules  and 
regulations  arbitrarily,  nor  unless  justified  by  proper  and  competent  evi- 
dence, also  providing  certain  procedure  in  hearings  for  the  violation  of 
such  rules  and  regulations,  and  that  courts  of  competent  jurisdiction  may 
review  the  proceedings  had  upon  such  hearings  for  certain  purposes,  and 
that  all  acts  and  parts  of  acts  in  conflict  herewith  are  hereby  repealed," 
approved  March  23,  1907,  is  hereby  amended  to  read  as  follows:  "An 
act  providing  that,  in  any  city  of  the  first  or  second  and  one-half  class 
or  city  and  county  in  this  state,  where  by  general  law  or  by  charter  the 
board  of  police  commissioners  of  such  city,  or  city  and  county,  are  author- 
ized and  empowered  to  appoint,  promote,  suspend,  disrate  or  dismiss  any 
police  officer  or  member  of  the  police  department,  and  to  prescribe  rules 
and  regulations  for  the  government,  discipline,  equipment  and  uniform. of 
such  police  department,  and  from  time  to  time  to  alter  or  repeal  the 
same,  and  to  prescribe  penalties  for  the  violation  of  anj^  such  rules  and 
regulations,  all  such  rules  and  regulations  must  be  reasonable  and  couched 
in  plain  and  concise  language,  and  providing  that  such  board  of  police 
commissioners  shall  prescribe  a  separate  and  distinct  penalty  for  the 
violation  of  each  of  such  rules  and  regulations  which  shall  be  graded 
according  to  the  importance  and  nature  of  the  rule  or  regulation  violated, 
and  providing  that  such  penalty  shall  in  all  cases  be  reasonable,  and  that 
the  same  shall  be  couched  in  plain  and  concise  language,  and  printed  or 
published,  as  the  case  may  be,  in  the  manual  or  guide  published  for  the 
guidance  and  information" of  the  police  officers  or  members  of  such  police 


AcL  2737,  §  1  GENERAL   LAWS.  1672 

department  and  in  connection  with  the  rule  or  regulation  to  which  the 
same  is  intended  to  apply,  and  providing  further  that  such  board  of  police 
commissioners  shall  not  have  power  to  inflict  unreasonable  penalties  for 
the  violation  of  such  rules  and  regulations;  nor  to  inflict  penalties  for  the 
violation  of  such  rules  and  regulations  arbitrarily,  nor  unless  justified  by 
proper  and  competent  evidence,  also  providing  certain  procedure  in  hear- 
ings for  the  violation  of  such  rules  and  regulations,  and  that  courts  of 
competent  jurisdiction  may  review  the  proceedings  had  upon  such  hear- 
ings for  certain  purposes,  and  that  all  acts  and  parts  of  acts  in  conflict 
herewith  are  hereby  repealed."  [Amendment  approved  April  27,  1911; 
Stats.  1911,  p.  1158.'] 

Rules  for  police  department  must  be  reasonable,  etc.  Severer  penalties 
may  be  made  for  second  violation  of  rules. 
§  1.  In  any  city  of'  the  first  class,  or  in  any  city  of  the  second  and 
one-half  class  containing  a  population  of  over  forty-two  thousand  by  the 
federal  census  of  1910,  or  in  any  city  and  county  in  this  state,  where  by 
general  law,  or  by  charter  the  board  of  police  commissioners  or  board 
of  trustees  of  such  city,  or  city  and  •county  are  authorized  and  empowered 
to  appoint,  promote,  suspend,  disrate  or  dismiss  any  police  officer  or  mem- 
ber of  the  police  de])artment,  and  to  provide  rules  and  regulations  for 
the  government,  discipline,  equipment  and  uniform  of  such  police  depart- 
ment, and  from  time  to  tim.e  to  alter  or  repeal  the  same,  and  to  prescribe 
penalties  for  the  violation  of  any  such  rules  and  regulations,  all  such 
rules  and  regulations  must  be  reasonable  and  couched  in  plain  and  con- 
cise language,  so  that  the  same  may  be  easily  understood  by  persons  of 
ordinary  education  and  understanding,  and  such  board  of  police  com- 
missioners or  board  of  trustees  shall  prescribe  a  separate  and  distinct 
penalty  for  the  violation  of  each  of  such  rules  and  regulations,  which  said 
penalties  shall  be  graded  according  to  the  importance  and  nature  of  the 
rule  or  regulation  violated,  and  the  consequent  gravity  of  its  violation, 
and  in  all  cases  such  penalties  shall  be  reasonable,  and  shall  be  couched 
in  plain  and  concise  language,  so  that  the  same  may  be  easily  understood 
by  persons  of  ordinary  education  and  understanding;  and  such  penalties, 
together  with  the  several  rules  and  regulations  to  which  they  are  in- 
tended to  apply,  shall  be  printed  or  published,  as  the  case  may  be,  in 
the  manual  or  other  guide  published  for  the  guidance  or  information  of 
the  police  officers  or  members  of  such  police  department,  and  each  of  such 
penalties  shall  be  so  printed  or  published  in  direct  connection  with  the 
particular  rule  or  regulation  to  which  the  same  is  intended  to  apply,  so 
that  the  rule  or  regulation  and  the  penalty  for  its  violation  may  be  easih- 
and  readily  understood.  Nothing  in  this  section  contained  shall  be  con- 
strued to  prevent  or  prohibit  any  such  board  of  police  commissioners  or 
board  of  trustees  from  prescribing  other  and  more  severe  penalties  for  a 
second  or  repeated  violation  of  any  such  rule  or  regulation,  or  a  subse- 
quent violation  of  any  such  rule  or  regulation  thus  prescribed;  provided, 
that  such  penalties  shall  be  reasonable,  and  shall  be  printed  or  published 


i 


1673  POLICE.         Act  2737,  §§  2, 3 

as  hereinbefore  provided  for,  nor  shall  anj'thing  in  this  section  contained 
be  construed  to  prevent  or  prohibit  such  board  of  police  commissioners  or 
board  of  trustees  from  prescribing  like  or  similar  penalties  for  the  viola- 
tion of  more  than  one  of  such  rules  and  regulations;  provided,  that  the 
same  shall  be  printed  or  published  in  connection  with  the  rule  or  regula- 
tion to  which  the  same  is  intended  to  apply  as  hereinbefore  provided. 
[Amendment  approved  April  27,  1911;   Stats."  1911,  p.  1160.] 

Penalty  may  be  inflicted  only  after  full  hearing.     Written  charge.    Right 
to  appear  in  own  defense. 

§  2.  No  penalty  for  the  violation  of  any  rule  or  regulation  of  the 
board  of  police  commissioners  or  board  of  trustees  of  any  such  city  or 
city  and  county,  as  is  mentioned  in  section  2  of  this  act,  shall  be  inflicted 
upon  any  police  officer  or  member  of  the  police  department  thereof,  ex- 
cept that  a  full,  fair  and  impartial  hearing  before  such  board  of  police 
commissioners  or  board  of  trustees  shall  first  have  been  had  upon  the 
charge  or  complaint  preferred  against  such  officer  or  member  as  herein- 
after provided.  Such  hearing  can  be  had  only  upon  a  written  charge  or 
complaint  filed  with  the  secretary  or  clerk  of  such  board,  which  must 
be  verified  by  the  oath  of  the  person  making  the  same,  and  must  contain 
a  statement  in  ordinary  and  concise  language  of  all  the  facts  constituting 
the  charge  made.  A  copy  of  such  charge  or  complaint  shall  be  served 
upon  the  person  charged  at  least  five  days  prior  to  the  time  set  for  the 
hearing  thereof.  At  such  hearing  the  person  charged  shall  have  the  right 
to  appear  in  person  and  by  counsel  and  make  defense  to  such  charge; 
he  may  produce  witnesses  to  testify  in  his  behalf  upon  such  hearing;  he 
shall  also  have  the  right,  if  he  shall  so  request,  to  have  all  of  the  testi- 
mony given  upon  such  hearing,  both  against  him  and  in  his  behalf,  re- 
duced to  writing  by  questions  and  answers,  or  reported  by  a  stenographer 
and  transcribed;  which  said  written  or  transcribed  testimony  shall  be 
filed  and  remain  of  record  in  the  office  of  the  secretary  or  clerk  of  the 
said  board  of  police  commissioners  or  board  of  trustees,  and  such  board 
must  render  its  decision  upon  the  evidence  adduced  upon  such  hearing 
and  not  otherwise.  No  such  board  of  police  commissioners  or  board  of 
trustees  shall  have  power  or  authority  to  inflict  any  penalty  for  the  viola- 
tion of  any  such  rule  or  regulation,  arbitrarily,  nor  unless  such  evidence 
shall  justify  such  action.  [Amendment  approved  April  27,  1911;  Stats. 
1911,  p.  1161.] 

Right  to  hold  office  during  "good  behavior"  a  substantial  right.  Superior 
court  may  inquire  into  proceedings. 
§  3.  In  any  such  city,  or  city  and  county,  as  is  mentioned  in  section 
2  of  this  act,  where  the  right  to  hold  the  office  of  police  officer,  or  member 
of  the  police  department  is  dependent  upon  the  "good  behavior"  of  such 
officer  or  member  subject  to  reasonable  rules  and  regulations  of  the  board 
of  police  commissioners  or  board  of  trustees  thereof,  such  right  to  hold 
such  office  is  hereby  declared  to  be  a  substantial  right  of  which  he  shall 


Acts  2739-2741a  general  laws.  1674 

not  be  deprived  arbitrarily,  nor  summarily,  nor  otherwise  than  upon  a 
hearing  as  hereinbefore  in  this  act  provided.  Superior  courts,  and  all 
courts  of  competent  jurisdiction,  shall  have  the  power,  by  proper  pro- 
ceedings instituted  for  that  purpose,  to  inquire  as  to  the  regularity  of 
proceedings  of  boards  of  police  commissioners  or  boards  of  trustees  upon 
hearings  herein  provided  for,  and  to  review  the  evidence  adduced  upon 
such  hearings,  and  to  make  such  orders  and  render  such  judgments  as  the 
circumstances  and  the  law  shall  warrant;  provided,  however,  that  the 
courts  shall  not  interfere  with  the  proper  exercise  of  discretion  by  such 
boards.     [Amendment  approved  April  27,  1911;  Stats.  1911,  p.  1162.] 

ACT  2739. 

Citations.     App.    19/658. 

TITIjE  388. 

POLICE  COURTS. 
ACT  2741. 

An  act  to  establish  police  courts  in  cities  of  the  first  and  one-half  class, 
to  fix  their  jurisdiction  and  provide  for  ofiicers  of  said  courts  and  fix 
the  compensation  of  certain  officers  thereof.  [Became  a  law  under 
constitutional  provision  without  governor's  approval,  March  5,  1901. 
Stats.  1901,  p.  95.] 

Amended  1903,  pp.  320,  335;  1905,  p.  41;  1907,  pp.  136,  850;  1909,  pp.  435, 
797;  1911,  p.  623. 
Repealed  June  6,  1913  (Stats.  1913,  p.  477). 
See  post,  Act  2741a. 

Citations.  App.  11/359,  360,  361,  362,  363,  364;  12/487,  488;  13/739; 
19/555. 

ACT  2741a. 

An  act  to  establish  police  courts  in  cities  of  the  first  and  one-half  class, 
to  fix  the  jurisdiction  of  said  courts  and  to  provide  for  the  officers 
thereof,  to  prescribe  the  powers  and  duties  of  the  officers  of  said 
courts,  and  to  fix  the  compensation  of  certain  ofiicers  thereof,  and  to 
repeal  an  act  entitled  "An  act  to  establish  police  courts  in  cities 
of  the  first  and  one-half  class,  to  fix  their  jurisdiction  and  provide 
for  officers  of  said  courts  and  fix  the  compensation  of  certain  ofiicers 
thereof,"  which  became  a  law  under  the  provisions  of  the  constitution 
of  the  state  of  California  without  the  governor's  approval,  on  the 
5th  day  of  March,  1901,  and  all  acts  amendatory  of  said  act  or  8up- 
plementary  thereto. 

[Approved  June  6,  1913.     Stats.  1913,  p.  469.] 

Judicial  power  of  cities  of  first  and  one-half  class. 

§  1.  The  judicial  power  of  every  city  of  the  first  and  one-half  class 
shall  be  vested  in  a  police  court  to  be  held  therein  by  the  city  justices  of 
such   city,   or  one   or   more   of   them.     Either   of  said  justices   may   hold 


1675  POLICE  COURTS.      Act  2741a,  §§  2-5 

such  court,  and  there  may  be  as  many  sessions  of  said  court  at  the  same 
time  as  there  are  city  justices  in  said  city,  and  it  is  hereby  made  the 
duty  of  said  city  justices,  in  addition  to  the  duties  now  required  of 
them  by  law,  to  hold  said  police  court,  as  judges  thereof. 

Jurisdiction. 

§  2.  Said  police  court  shall  have  exclusive  jurisdiction  of  all  mis- 
demeanors punishable  by  fine  or  by  imprisonment,  or  by  both  such  fine 
and  imprisonment,  committed  in  the  city  where  such  police  court  is  held; 
and  of  all  proceedings  for  violation  of  any  ordinance  of  said  city,  both 
civil  and  criminal;  and  of  all  actions  for  the  collection  of  any  license 
required  by  the  ordinances  of  said  city.  In  all  cases  of  which  said  police 
court  has  jurisdiction  it  shall  have  power  to  try  and  determine  the  same; 
convict  or  acquit;  pass  and  enter  judgment  and  carry  such  judgment 
into  execution  as  the  case  may  require,  according  to  law. 

Powers  of  justices. 

§  3.  Each  of  the  city  justices  while  acting  as  judge  of  said  police 
court  shall  be  and  have  the  powers  of  a  police  magistrate  and  shall  have 
power  and  jurisdiction  to  issue  warrants  of  arrest,  search-warrants,  sub- 
poenas, summons,  writs  of  execution  and  all  other  writs,  orders  or  pro- 
cesses necessary  to  the  full  and  proper  exercise  of  the  powers  and  juris- 
diction of  said  court;  to  punish  persons  guilty  of  contempt  of  said  court, 
in  like  cases  and  by  the  same  penalties  as  justices  of  the  peace;  to  try 
all  charges  of  misdemeanor  offenses  committed  within  its  jurisdiction,  as 
well  as  all  charges  for  violation  of  city  ordinances,  and  render  judgment 
therein  with  full  power  to  carry  such  judgment  into  execution;  to  make 
disposition  of  property  taken  under  search-warrant,  in  like  cases  and  like 
manner  as  justices  of  the  peace;  to  act  as  a  committing  magistrate, 
examine  and  hold  to  answer  or  discharge  persons  charged  with  the  com- 
mission of  felonies  and  make  all  necessary  rulings,  orders  and  commit- 
ments in  that  behalf;  in  all  proper  cases,  to  stay  the  execution  of  any 
judgment  rendered  by  him  in  either  civil  or  criminal  cases. 

Justices  not  to  be  interested. 

§  4.  Neither  of  said  justices  shall  sit  in  any  case  in  which  he  is  a 
party,  or  in  which  he  is  interested,  or  where  he  is  related  to  either  party 
by  consanguinity  or  affinity  within  the  third  degree;  and  in  case  of  the 
absence,  sickness  or  inability  of  the  said  justices,  or  either  of  them, 
either  of  said  justices  may  call  in  any  justice  of  the  peace  of  the  county 
to  act  in  his  place  and  stead. 

Departments.  Apportionment  of  business.  Rules.  Government  of  pro- 
ceedings. 
§  5.  The  said  police  court  shall  be  divided  into  as  many  departments 
as  there  are  judges  of  said  court.  The  judges  of  said  court  sliall  clioosTc 
from  their  number  a  presiding  judge,  who  shall  serve  for  one  year;  pro- 
vided, however,  that  the  presiding  judge  first  chosen  hereunder  shall  serve 


Act  2741a,  §  6  general  LAVfS.  1676 

until  the  first  Monday  in  January,  1914;  and  provided,  further,  that 
the  presiding  judge  may  be  removed  at  any  time  and  another  appointed 
in  his  place  by  a  vote  of  the  majority  of  said  judges.  The  presiding 
judge  shall  assign  the  judges  to  their  respective  departments;  but  any 
judge  may  preside  in  any  department  in  case  of  the  absence  or  inability 
to  act  of  the  judge  of  such  department.  And  in  the  absence  or  inability 
to  act  of  the  presiding  judge,  the  remaining  judges  may  select  one  of 
their  number  to  act  as  presiding  judge  during  such  absence  or  inability; 
and  whose  official  acts  during  such  time  shall  have  the  same  force  and 
effect  as  though  made  or  done  by  the  presiding  judge.  The  presiding 
judge  shall  have  power  to  apportion  the  business  of  said  court  among 
the  several  departments  and  to  transfer  cases  from  one  department  to 
another,  if  necessary  or  convenient  to  facilitate  the  dispatch  of  business 
of  said  court.  The  judgments,  orders  and  proceedings  of  any  session  of 
the  court  held  by  any  one  or  more  of  the  judges  of  said  court  shall  be 
equally  effectual  as  though  all  of  the  judges  had  presided  at  such  ses- 
sion. The  judges  of  said  court  shall  have  power,  by  a  majority  vote  of 
all  the  judges  of  said  court,  to  make  rules  not  inconsistent  with  the  con- 
stitution or  laws  of  this  state,  for  the  government  of  said  court  and  the 
officers  thereof,  and  for  conducting  the  business  of  said  court.  Such 
rules  may  be  published  by  posting  a  copy  of  the  same  in  each  of  the 
courtrooms  of  said  court  and  shall  be  in  effect  after  having  been  so 
posted  for  a  period  of  thirty  days.  Said  court  shall  be  governed  in  its 
proceedings  by  the  provisions  of  law  regulating  proceedings  in  justices' 
courts  and  police  courts  so  far  as  such  provisions  are  not  altered  or  modi- 
fied by  this  act,  and  the  same  are  applicable  in  the  several  cases  arising 
therein,  and  no  rules  shall  be  made  imposing  any  tax  or  charge  on  any 
legal  proceeding  or  giving  any  allowance  to  any  officer  for  services. 

Clerk.  Clerk's  bonds.  Salary.  Duties.  Monthly  account.  Business 
hours.  Penalty  for  violation.  Dockets.  Docket  in  criminal  cases. 
§  6.  Said  police  court  shall  have  a  clerk  for  each  of  the  judges  of  said 
court,  who  shall  be  appointed  by  the  judge  of  said  court  presiding  in  the 
department  thereof  in  which  the  said  clerk  is  to  act,  which  said  clerk 
shall  hold  office  for  the  term  of  four  years  from  the  date  of  his  appoint- 
ment. Each  such  clerk  shall  be  ex  officio  a  clerk  of  the  city  justices  of 
the  peace.  Each  of  said  clerks  shall  give  a  bond  in  the  sum  of  five  thou- 
sand dollars,  with  at  least  two  sureties,  to  be  approved  by  the  mayor, 
conditioned  for  the  faithful  discharge  of  the  duties  of  his  office.  Each  of 
said  clerks  shall  receive  an  annual  salary  of  twenty-one  hundred  dollars, 
payable  in  equal  monthly  installments  out  of  the  treasury  of  said  city, 
which  salary  shall  be  full  compensation  for  all  services  rendered  b,v  him. 
Each  of  the  said  clerks  shall  keep  a  record  of  the  proceedings  of  said 
court  and  issue  all  processes  ordered  by  the  city  justices  or  either  of  them, 
or  by  said  police  court  or  a  judge  thereof,  and  receive  and  pay  into  the 
city  treasury  all  fines  imposed  and  collected  bj'  said  court,  and  all  for- 
feitures of  cash   deposited  in  lieu   of  bail  in  said   court,  and  all  other 


1G77  POLICE  COURTS.        Act  2741a,  §  7 

moneys  which  may  come  into  his  bands  belonging  to  or  payable  to  said 
city.  They  shall  also  render  each  month  to  the  city  council  an  exact 
and  detailed  account  under  oath  of  all  fines  imposed  and  collected  and 
of  all  fines  imposed  and  uncollected  since  their  last  reports.  They  shall 
prepare  and  approve  bonds  and  may,  in  the  absence  of  a  judge  of  said 
court,  fix  the  amount  of  bail  to  be  required  of  any  defendant  charged 
in  such  court  with  any  offense  of  which  such  court  has  jurisdiction. 
Such  clerk  may  also  justify  bail,  and  may  administer  and  certify  oaths. 
Said  clerks  shall  remain  at  the  courtrooms  of  said  court  during  busi- 
ness hours  and  during  such  reasonable  times  thereafter  as  may  be  neces- 
sary for  a  proper  performance  of  their  duties.  Before  receiving  any 
monthly  payment  of  salary,  each  of  said  clerks  shall  make  and  file  with 
the  city  auditor  an  affidavit  that  he  has  deposited  with  the  city  treasurer 
all  moneys  that  have  come  into  his  hands  belonging  to  the  city.  Any 
violation  of  this  provision  shall  be  a  misdemeanor.  Said  clerks  shall 
keep,  compile  and  be  the  custodians  of  the  dockets,  files  and  records  of 
said  court.  Said  dockets  shall,  in  civil  cases,  be  kept  in  conformity  to 
the  provisions  of  sections  911,  912,  913  and  914,  of  the  Code  of  Civil 
Procedure  of  the  state  of  California.  In  criminal  cases  the  docket  shall 
contain  in  each  case: 

1.  The  title  of  the  ease; 

2.  The  demurrer,  if  any; 

3.  The  motion  to  dismiss,  if  any,  based  upon  any  defect  of  the  com- 
plaint in  substance  or  form; 

4.  The  ruling  of  the  court  upon  any  demurrer  or  motion  to  dismiss; 

5.  The  defendant's  plea; 

6.  Any  order  of  the  court  setting  the  time  for  hearing  of  any  demurrer 
or  motion,  or  setting  case  for  trial; 

7.  The  names  of  the  witnesses  sworn  and  examined  at  the  trial; 

8.  The  verdict; 

9.  The  time  set  for  rendering  judgment,  if  judgment  is  not  passed 
immediately  after  verdict  or  plea  of  guilty;  and  the  waiver  of  time  for 
sentence,  if  there  be  such  waiver; 

10.  The  judgment; 

11.  A  minute  of  all  motions,  rulings  and  orders  made  after  verdict  of 
judgment; 

12.  The  dates  of  the  various  actions  or  things  required  to  be  recorded. 

Prosecuting   attorney.     Duties.     Application   for   writ   of   habeas   corpus 
served    on    attorney.     Enforcing    attendance    of   witness    outside   of 
county. 
§  7.     Said  police  court  shall  have  a  prosecuting  attorney  who  shall  be 
elected  or  appointed  in  such  manner  as  the  charter  of  said  city  shall  pro- 
vide.    Said  prosecuting  attorney  shall  have  as  many  assistants,  deputies, 
clerks  and  stenographers   as  the   legislative  body  of  said   city  shall  i)ro- 
vide,  all  of  whom  shall  be  appointed  by  said  prosecuting  attorney,  unless 
otherwise  provided  by  the  charter  of  said  city.     In   case  the  charter  of 


Act  2741a,  §  8  general  laws.  1678 

said  city  shall  provide  for  the  election  or  appointment  of  a  city  prose- 
cutor, such  city  prosecutor  shall  have  and  exercise  all  the  powers  and 
duties  of  said  prosecuting  attorney.  It  shall  be  the  duty  of  such  prose- 
cuting attorney,  either  in  person  or  by  his  assistants  or  deputies,  to  draw 
complaints  to  be  filed  in  said  police  court  for  misdemeanor  offenses  in 
which  said  court  has  jurisdiction,  arising  either  from  violations  of  the 
charter  or  ordinances  of  said  city  or  from  violations  of  the  laws  of  the 
state  of  California.  Such  prosecuting  attorney  must  attend  the  said 
police  court,  and  conduct,  either  in  person,  or  by  his  assistants  or  deputies, 
in  behalf  of  the  people,  all  prosecutions  for  public  offenses  of  which 
such  court  has  trial  jurisdiction.  Said  prosecuting  attorney  shall  attend 
to  all  appeals  and  proceedings  on  application  for  writs  of  habeas  corpus, 
in  connection  with  such  prosecutions,  and  shall  prosecute  all  recogniz- 
ances and  bail  bonds  forfeited  in  said  court,  and  all  actions  for  the  re- 
covery of  fines,  penalties  and  forfeitures  accruing  in  said  court;  and  the 
district  attorney  of  the  county  in  which  said  city  is  located  shall  have 
no  power  or  authority  in  or  over  any  of  said  prosecutions,  actions  or  pro- 
ceedings. Whenever  any  person,  held  in  custody  or  restraint  by  any 
peace  officer  of  said  city,  and  charged  with  having  committed  any 
criminal  offense  against  the  provisions  of  the  charter  or  ordinances  of 
said  city,  or  with  having  committed  any  offense  in  said  city  which  is  a 
misdemeanor  under  the  laws  of  this  state,  shall  apply  for  a  writ  of 
habeas  corpus,  a  copy  of  the  application  for  such  writ  shall  be  served 
forthwith  upon  the  prosecuting  attorney  or  upon  one  of  his  assistants 
or  deputies.  In  any  case  where  an  offense  has  been  committed  in  the 
said  city  that  is  triable  in  said  court,  and  any  person,  whose  attend- 
ance as  a  witness  at  the  trial  is  necessary  in  the  judgment  of  said  prose- 
cuting attorney,  resides  out  of  the  county  in  which  said  court  is  located, 
or  can  only  be  served  with  a  subpoena  outside  of  said  county,  the  said 
prosecuting  attorney  shall  have  the  power  to  make  and  present  to  the 
said  police  court,  an  affidavit  stating  that  he  believes  the  evidence  of 
such  witness  is  material  and  that  the  attendance  of  such  witness  at  the 
trial  is  necessary.  And  it  a  judge  of  the  said  police  court  shall,  upon 
the  presentation  to  him  of  such  affidavit  of  said  prosecuting  attorney, 
indorse  on  the  subpoena  an  order  for  the  attendance  of  the  witness  named 
in  such  affidavit,  the  attendance  of  such  witness  may  be  enforced  in  the 
manner  provided  by  sections  1330,  1331,  and  1332  of  the  Penal  Code. 

Bailiff.     Duties.     Salary. 

§  8.  There  shall  be  a  bailiff  in  each  department  of  said  court,  who 
shall  be  selected  from  the  regular  police  force  of  said  city  and  shall  be 
appointed  by  the  judge  presiding  in  such  department,  and  who  by  virtue 
of  such  selection  and  appointment  shall  rank  as  sergeant.  It  shall  be 
the  duty  of  the  bailiff  to  attend  all  sessions  of  the  department  of  such 
court  for  which  he  is  appointed  or  assigned,  and  to  preserve  order  therein; 
to  serve  or  cause  to  be  served  and  properly  returned  to  said  court,  all 
warrants,  subpoenas,  writs,  processes  and  orders,  civil  or  criminal,  issued 


J  079  POLICE  COURTS.  Act  2741a,  §§  9-11 

]iv  or  out  of  or  returnable  to  said  court;  to  have  charge  of  prisoners 
while  in  said  court,  and  if  committed  to  deliver  thera  or  cause  them  to 
be  delivered  to  the  proper  officer;  to  perform  such  other  duties  in  the 
conducting  or  facilitating  the  business  of  said  court  as  a  judge  of  said 
court  may  require;  or  as  may  be  required  by  a  rule  of  said  court.  Each 
of  said  bailiffs  shall  be  a  civil  executive  officer  and  in  the  performance 
of  his  duties  as  an  officer  of  said  court,  within  the  city  in  which  said 
court  is  situated,  shall  have  all  the  powers  and  authority  of  a  sheriff 
or  other  peace  officer.  He  shall  be  subject  to  the  orders  of  said  court 
or  a  judge  thereof  and  may  be  punished  by  said  court  or  a  judge  thereof 
for  contempt,  or  for  the  disobedience  of  any  order  of  said  court,  or  a 
judge  thereof,  or  for  neglect  of  duty.  Any  bailiff  of  said  court,  or  per- 
son acting  as  or  performing  the  duties  of  bailiff  of  said  court  shall  not 
while  such  bailiff,  or  while  so  acting  or  performing  such  duties,  be  as- 
signed to  or  required  to  perform  any  other  duties  without  the  consent 
of  the  judge  presiding  in  the  department  in  which  such  bailiff  or  officer 
is  so  acting  or  performing  such  duties.  Each  of  said  bailiffs  shall  receive 
a  salary  of  eighteen  hundred  dollars  per  annum,  payable  in  equal  monthly 
installments  out  of  the  treasury  of  said  city.  Any  police  officer  of  said 
city  may  perform  any  of  the  duties  of  a  bailiff  of  said  court,  and  while 
in  the  performance  of  any  such  duties,  is  subject  to  the  orders  and  dis- 
cipline of  said  court  as  a  bailiff. 

Additional  bailiff. 

§  9.  If  at  any  time,  in  the  opinion  of  the  judges  of  said  court,  or  a 
majority  of  them,  the  services  of  more  than  five  men  are  required  to  per- 
form the  duties  devolving  upon  the  bailiffs  of  said  court,  or  to  facilitate 
the  work  of  said  court,  the  presiding  judge  may  select  and  appoint  one 
additional  man  from  the  police  force  of  said  city,  who  shall  thereby  be- 
come a  bailiff  of  said  court,  or  of  any  department  thereof  to  which  he 
may  be  assigned  by  the  presiding  judge,  and  who  shall  thereby  be  in- 
vested with  all  the  powers  and  authority  of  a  bailiff  of  said  court,  and 
who  shall  perform  any  of  the  duties  of  a  bailiff  of  said  court,  required 
of  him  by  the  presiding  judge,  or  a  judge  of  said  court;  and  such  bailiff, 
while  so  acting,  shall  have  the  rank  and  receive  the  com[icnsation  of  a 
bailiff  of  said  court.  He  shall  serve  as  such  bailiff  during  the  pleasure 
of  the  judges  of  said  court  or  a  majority  of  them. 

Fines  paid  into  treasury. 

§  10.  All  fines  and  other  moneys  collected  on  behalf  of  the  city  in 
the  police  court  shall  be  paid  into  the  city  treasury  on  the  first  Tuesday 
of  each  month. 

Courtrooms. 

§  11.  The  city  council  shall  furnish  suitable  rooms  for  the  holding  of 
said  police  court,  iftcluding  jury-rooms  and  offices  for  the  judges,  clerks 
and  bailiff's,  and  shall  also  furnish  the  necessary  dockets,  blanks,  station- 


Act  2741a,  §  12  general  laws.  1680 

ery  and  supplies  for  the  carrying  on  of  the  business  of  said  court, 
requisition  for  such  supplies  to  be  issued  by  any  judge  for  his  depart- 
ment. 

Quarterly  selection  of  jurors.  Procedure.  Additional  talesmen.  Jurors' 
compensation.     Account  of  time  served. 

§  12.  Tn  the  months  of  .Tanuarj%  April,  .July  and  October  of  each  year 
there  shall  be  selected  by  the  judges  of  said  police  court  a  list  of  jurors 
to  serve  as  a  term  trial  jury  in  said  police  court  for  the  ensuing  three 
months,  and  until  a  new  term  trial  jury  is  selected.  Said  jurors  shall  be 
selected  from  the  persons  resident  in  the  city  in  which  said  police  court 
is  held,  and  who  are  legally  competent  and  suitable  to  serve  as  jurors 
therein,  as  follows:  The  judges  of  said  court  shall  meet  for  the  purpose 
of  selecting  a  jury.  The  presiding  judge  shall  preside  at  such  meeting, 
and  a  majority  of  the  judges  of  said  court  shall  constitute  a  quorum. 
The  judges  shall  estimate  and  designate  the  number  of  jurors  required 
for  the  trial  of  cases  in  said  court  for  the  ensuing  three  months.  From 
the  names  appearing  on  the  last  preceding  completed  assessment-roll  of 
the  county  in  which  said  city  is  located,  of  persons  assessed  on  property 
belonging  to  themselves  and  apparently  competent  and  suitable  to  serve 
as  jurors  in  such  court,  the  judges  shall  select  names  which  shall  not  be 
less  than  two,  nor  more  than  four,  times  the  number  designated  as  the 
number  of  jurors  required  as  hereinbefore  provided,  which  names  shall 
be  written  on  separate  slips  of  paper,  and  said  slips  shall  be  folded  so 
as  to  conceal  the  names  thereon,  and  said  slips  shall  be  placed  in  a 
proper  receptacle  and  thoroughly  mixed.  The  presiding  judge  shall  then 
draw  from  said  receptacle,  one  at  a  time,  as  many  slips  as  the  number 
designated  by  said  judges  as  the  number  of  jurors  required;  and  there 
shall  be  made  two  lists  of  said  names  so  drawn  and  one  of  said  lists 
shall  be  delivered  to  the  presiding  judge.  The  other  list  shall  then  be 
filed  in  the  office  of  the  presiding  judge.  The  presiding  judge  shall 
thereupon  make  an  order  requiring  the  persons  whose  names  have  been 
BO  drawn  to  attend  in  said  court  at  a  suitable  time  and  place  in  said  order 
designated;  and  said  order  shall  be  signed  by  the  presiding  judge  and 
the  seal  of  the  court  attached.  The  clerk  of  the  department  of  the  pre- 
siding judge  shall  attach  to  said  order  a  copy  of  the  list  of  the  names 
drawn  as  above  set  forth,  and  deliver  said  order  with  said  list  attached 
to  one  of  the  bailiffs  of  the  said  court  or  to  any  police  officer  of  said  city. 
The  said  bailiff  or  police  officer  shall  without  delay,  and  without  further 
pay,  serve  and  return  said  order  to  said  court,  in  the  manner  provided 
in  section  225  of  the  Code  of  Civil  Procedure. 

At  the  time  and  place  fixed  in  said  order  for  the  appearance  of  the 
persons  so  summoned,  the  presiding  judge  shall  attend  and  shall  call 
the  names  on  said  list  and  shall  make  a  record  of  those  present  and' 
those  absent,  and  shall  excuse  such  as  shall  appear  to  him  to  be  not 
competent  or  eligible  to  serve  as  jurors,  and  such  as  ajipear  to  bo  exempt 
from  jury  duty  in  such  cases  as  the  exemption  is  pressed  by  the  prospect- 


1681  POLICE  COURTS.  Act  2741a,  §  12 

ive  juror  as  an  excuse  from  duty,  and  such  as  appear  to  him  to  be 
entitled  to  be  excused  under  the  provisions  of  section  201  of  the  Code 
of  Civil  Procedure.  The  question  of  the  competency  or  incompetency, 
or  exemption  from  jury  service,  shall  be  determined  according  to  the 
provisions  of  sections  19S,  199  and  200  of  the  Code  of  Civil  Proeeflure. 

Any  juror  summoned  as  above  provided,  who  fails  to  appear,  may  be 
attached  by  an  order  issued  by  said  presiding  judge,  and  served  by  one 
of  the  bailiffs  of  said  court  or  any  police  officer  of  said  city,  and  punished 
as  provided  in  section  238  of  the  Code  of  Civil  Procedure. 

The  names  of  the  persons  attending,  whether  by  original  service  or 
attachment,  and  not  excused,  shall  be  written  on  separate  slips  of  paper, 
which  slips  shall  be  folded  so  as  to  conceal  the  names,  and  shall  be  placed 
in  a  box.  If  in  the  opinion  of  the  presiding  judge  there  is  not  in  attend- 
ance a  sufficient  number  of  jurors  for  the  trial  of  cases  in  said  court  for 
the  ensuing  three  months,  he  may  cause  additional  names  to  be  drawn 
and  the  persons  whose  names  are  so  drawn  to  be  summoned  in  the  man- 
ner hereinbefore  provided,  until  the  number  of  persons  designated  in 
the  original  order  are  in  attendance  and  are  qualified,  and  their  names 
placed  in  a  box;  provided,  however,  that  the  drawing,  or  the  attendance, 
or  the  qualifying  of  a  greater  or  less  number  of  jurors  than  that  desig- 
nated by  the  judges  as  hereinbefore  provided  shall  not  be  a  ground  of 
challenge  to  the  panel  or  to  a  juror,  nor  shall  it  affect  the  validity  of 
any  act  as  a  juror  of  any  persons  so  drawn  and  qualified. 

When  a  jury  is  required  in  any  department  of  said  court,  the  judge 
presiding  in  that  department  or  any  judge  of  said  court,  shall  cause  to 
be  drawn  from  the  box  containing  the  names  of  the  jurors  attending, 
and  not  excused,  a  number  of  names  estimated  to  be  sufficient  from 
which  to  select  said  jury.  If  the  persons  whose  names  are  so  drawn  are 
not  present  in  said  court,  they  may  by  order  of  a  judge  of  said  court, 
be  summoned  by  the  bailiif  of  said  court  or  a  police  officer  in  the  manner 
hereinbefore  provided.  If  said  names  so  drawn  are  exhausted  before  the 
jury  is  completed,  additional  names  shall  be  drawn  in  the  same  manner 
until  the  jury  is  completed  or  the  slips  in  the  box  are  exhausted.  The 
slips  containing  the  names  so  drawn  shall  be  delivered  to  the  clerk 
of  the  department  in  which  the  jury  is  to  be  selected,  who  shall  without 
unfolding  them,  place  them  in  a  box  and  cause  them  to  be  thoroughly 
mixed;  and  shall  then  draw  from  said  box,  one  at  a  time,  said  slips  and 
call  the  name  from  each  of  said  slips  as  it  is  drawn,  until  the  jury  box 
is  filled.  Thereupon  the  parties  to  the  cause  shall  proceed  to  select  a 
jury  in  the  manner  and  under  the  rules  laid  down  in  sections  1055  to 
ios's,  inclusive,  of  the  Penal  Code. 

The  clerk  of  the  court  shall  preserve  the  slips  drawn  as  above,  required 
and  shall  retain  in  his  possession  all  slips  containing  the  names  of  jurors 
sworn  to  try  the  cause,  until  such  trial  is  finished,  when  he  shall  return 
them  to  the  presiding  judge;  and  shall  also  return  to  the  presiding  judge 
the  slips  containing  the  names  of  those  drawn  and  rejected.  The  slips 
106 


Act  2741a,  §§  13-15  general  laws.  1682 

so  returned  to  the  presiding  judge  shall  not  be  replaced  in  the  general 
panel  box  until  the  jury  in  the  cause  for  which  they  were  drawn  has  been 
completed,  but  may  be  placed  in  and  drawn  from,  a  separate  box  for 
use  and  service  in  another  trial  in  any  other  department  of  said  court. 
If  for  any  reason  the  entire  term  trial  panel  of  jurors  is  exhausted  with- 
out completing  a  jury,  the  judge  of  the  department  in  which  the  cause 
is  being  tried  may  issue  an  order  or  writ  of  venire  and  cause  to  be  sum- 
moned additional  talesmen,  as  provided  in  sections  230,  231  and  232  of 
the  Code  of  Civil  Procedure.  From  such  of  these  additional  talesmen 
as  are  qualified  and  eligible  for  jury  duty,  the  jury  may  be  completed  as 
provided  by  law. 

Jurors  shall  be  paid  two  dollars  ($2.00)  per  diem  for  each  day  actually 
served  in  the  trial  of  causes  in  said  court,  which  compensation  shall 
be  payable  from  the  treasury  of  the  city.  Each  juror  shall  also  be  en- 
titled to  compensation  for  mileage  actually  traveled  from  his  place  of 
residence  to  said  court  where  the  distance  between  such  place  of  resi- 
dence and  said  court. is  more  than  ten  miles,  the  s\im  of  five  cents  per 
mile  one  way  and  such  compensation  shall  be  payable  from  the  treas- 
ury of  the  city.  The  clerk  of  each  department  of  said  court  shall  keep 
an  account  of  the  time  served  by  each  juror  and  the  distance  traveled 
in  attending  said  court  by  each  juror,  and  shall,  at  the  end  of  each 
month,  certify  to  the  presiding  judge  the  number  of  days  served  by 
each  juror  and  the  amount  of  mileage  fees  due  each  juror,  and  the  pre- 
siding judge  shall  thereupon  deliver  to  each  juror  on  the  last  day  of 
each  month  a  certificate  over  his  signature  and  the  seal  of  said  court, 
showing  the  number  of  days  served  by  each  juror,  the  mileage  fees  due 
each  juror,  and  the  total  amount  due  each  juror,  which  certificate  shall 
be  a  sufficient  demand  on  the  treasurer  of  such  cijy. 

Court  open. 

§  13.  The  police  court  shall  always  be  open  during  business  hours,  ex- 
cept upon  nonjudicial  days,  and  then  for  such  purposes  only  as  by  law 
permitted  or  required  of  other  courts  of  this  state. 

Appeals. 

§  14.  Appeals  may  be  taken  from  any  judgment  of  said  police  court 
to  the  superior  court  of  the  county  in  which  such  city  may  be  located, 
on  the  same  grounds  and  in  the  same  manner  in  which  appeals  are 
taken  from  justices'  courts  in  like  cases. 

Imprisonment  of  persons  convicted. 

§  15.  In  all  eases  of  the  conviction  in  said  police  court  of  any  person 
charged  with  any  offense  committed  in  the  city  in  which  such  police 
court  is  held,  aiid  the  imprisonment  of  any  person  so  convicted,  the 
person  so  to  be  imprisoned,  or  by  ordinance  required  to  labor,  shall 
upon  the  order  of  the  judge  before  whom  such  conviction  is  had.  be 
imprisoned  in  the  city  jail,  or  a  branch  thereof,  or  in  such  other  penal 


1GS3  POLICE  COURTS.  Act  2741a,  §§  16-20 

or  reformatory  institution  as  may  be  provided  by  the  city  for  such 
purpose;  or  if  required  to  labor,  shall  labor  in  the  city  or  in  such  penal 
or  reformatory  institution,  and  the  imprisonment  in  any  branch  city  jail 
or  in  any  such  penal  or  reformatory  institution  shall  be  deemed  an  im- 
prisonment in  the  city  jail;  provided,  that  if  any  person  who  is  impris- 
oned in  any  branch  city  jail  or  any  such  penal  or  reformatory  institu- 
tion by  judgment  of  said  police  court,  shall  escape  therefrom,  or  shall 
fail  or  refuse  to  submit  or  conform  to  the  rules  of  such  penal  or  re- 
formatory institution,  such  person  may  by  order  of  the  court  or  any  judge 
thereof,  be  required  to  serve  the  unexpired  portion  of  his  term  in  the' 
city  jail.  In  such  case  only  so  much  of  the  prisoner's  term  shall  be 
deemed  to  have  expired  as  has  been  actually  served  in  the  city,  or  a 
branch  city  jail,  or  in  such  penal  or  reformatory  institution. 

Seal. 

§  16.     Said  court  shall  have  a  seal,  to  be  furnished  by  the  city. 

Monthly  report  of  justices. 

§  17.  The  city  justices  shall,  on  the  first  Tuesday  of  each  month,  make 
to  the  city  council  a  full  and  complete  report  of  all  cases,  civil  and 
criminal,  filed  or  acted  upon  since  their  last  report,  in  which  the  city 
has  an  interest,  or  which  are  required  to  be  entered  in  the  city  civil 
docket  or  the  city  criminal  docket,  such  report  to  be  made  upon  blanks 
furnished  by  the  city  council  and  in  such  form  as  they  may  require. 

Certified  transcript  as  evidence. 

§  18.  Certified  transcripts  of  the  dockets  or  files  of  said  court,  certi- 
fied by  the  clerk  of  said  court  under  the  seal  of  said  court,  shall  be 
evidence  in  any  court  of  this  state  of  the  contents  of  said  docket  or 
of  said  files,  as  the  case  may  be;  and  all  warrants  and  other  process 
issued  out  of  said  court,  and  all  acts  done  by  said  court  and  certified 
under  its  seal,  shall  have  the  same  force  and  validity  in  any  part  of 
this  state  as  though  issued  or  done  by  any  court  of  record  of  this  state. 

Oath  and  bond  of  clerks. 

§  19.  Each  clerk  of  said  court  shall,  before  entering  upon  the  duties 
of  his  office,  take  and  prescribe  an  oath  in  the  form  prescribed  in  sec- 
tion 904  of  the  Political  Code,  before  the  city  clerk  of  said  city,  and 
shall  file  his  official  bond  with  said  city  clerk. 

Repealed.     Actions  not  aflfected. 

§  20.  An  act  entitled  "An  act  to  establish  police  courts  in  cities  of 
the  first  and  one-half  class,  to  fix  their  jurisdiction  and  provide  for  offi- 
cers of  said  courts  and  fix  the  compensation  of  certain  officers  thereof,"' 
which  became  a  law  under  the  provisions  of  the  constitution  of  this 
state,  without  the  governor's  approval,  March  5,  1901,  and  all  acts 
amendatory  thereof  or  supplementary  thereto  are  hereby  repealed;  pro- 
vided,  however,   that    such    repeal   shall   not   affect   any   actions   or   pro- 


Acts  274G,  2753  general  laws.  1684 

ceedings  pending  in  the  police  court  established  by  said  act  at  the  time 
of  the  taking  effect  of  this  act,  nor  shall  such  repeal  affect  the  powers 
or  duties  of  the  said  prosecuting  attorney  relative  thereto.  All  such 
actions  and  proceedings  shall  thereupon  be  deemed  to  be  and  shall  be 
ipso  facto  transferred  to  the  police  court  established  by  this  act,  and 
upon  the  taking  effect  of  this  act  and  by  reason  thereof,  all  such  actions 
and  proceedings  shall  ipso  facto  be  and  become  such  actions  and  pro- 
ceedings so  pending  in  the  police  court  established  by  this  act,  which 
last-named  court  shall  thereby  have  jurisdiction,  power  and  authority 
to  proceed  with  them  to  final  judgment  or  other  disposition,  and  to 
make  and  enforce  judgment  therein  as  fully,  and  with  the  same  force 
and  effect,  as  though  said  actions  or  proceedings  had  been  originally 
instituted  in  said  last-named  court. 

Tenure  of  office  not  affected. 

§  21.  Nothing  in  this  act  contained  shall  be  construed  to  interfere 
with,  terminate  or  in  any  wise  afl'ect  the  tenure  of  office  of  any  person 
now  holding  office  under  and  by  authority  of  the  terms  of  an  act  enti- 
tled "An  act  to  establish  police  courts  in  cities  of  the  first  and  one-half 
class,  to  fix  their  jurisdiction  and  provide  for  officers  of  said  court  and 
fix  the  compensation  of  certain  officers  thereof,"  which  became  a  law 
under  the  provisions  of  the  constitution  of  this  state,  without  the  gov- 
ernor's approval,  March  5,  1901,  and  all  acts  amendatory  thereof  or  sup- 
plementary thereto;  and  the  police  court  established  in  any  city  of  the 
first  and  one-half  class  b)'  this  act,  shall,  to  all  intents  and  purposes,  and 
for  every,  any  and  all  purposes,  be  deemed  to  be  and  shall  be  the  suc- 
cessor of  the  police  court  existing  in  any  such  city,  at  the  time  of  the 
taking  effect  of  this  act,  and  established  therein  by  the  aforesaid  act, 
and  all  acts  amendatory  thereof  or  supv>lementary  thereto,  repealed  by 
this  act;  and  the  judges  and  all  other  officers  of  any  such  existing  police 
court  shall  severally  be  and  act  as  the  judges  and  other  officers  respec- 
tively of  the  police  court  hereby  established  in  any  such  city,  until  their 
successors  are  elected  or  appointed,  and  qualify,  as  provided  by  law. 


ACT  2746. 


TITLE  388a. 
POMONA,  CITY  OF. 

Charter  of.     [Stats.  1911,  p.  1913.] 


TITLE  390. 
PEESTON  SCHOOL   OF  INDUSTRY. 
ACT  2753. 

To  establish  the  Preston  School  of  Industry,  and  to  provide  for  the  man- 
agement and  maintenance  of  the  same.     [Stats.  1889,  p.  100.] 
Amended    1893,    p.    39;    1909,   p.    984.      Superseded    1911,    p.    673,    and    again 
in  1913,   p.   1305,   as  to  the  mode  of  commitments.      See  ante,   Act   1770,   §  31. 


1685  PBESTON  SCHOOL  OF  INDUSTRY.      Act  2758,  §§  1,  2 

ACT  2758. 

An   act   to  authorize   the   supcrintenrlents   of   the   Whittier   State   School 

>i  and  the  Preston  School  of  Industry  to  relinquish  inmates  from  the 
control  of  either  of  said  schools  and  to  receive  such  inmates  into 
the  other  of  said  schools  and  to  provide  for  the  expense  of  trans- 
ferring such  inmates  and  for  the  maintenance  of  the  inmates  so 
transferred. 

[Approved  April  14,   1913.     Stats.   1913,  p.  26.     In   effect  immediately.] 

Transfer  of  inmates  of  state  schools  authorized. 

§  1.  The  superintendent  of  the  Whittier  State  School  is  hereby  em- 
powered to  relinquish  from  his  control,  and  the  superintendent  of  the 
Preston  School  of  Industry  is  hereby  empowered  to  receive  and  transfer 
to  the  Preston  School  of  Industry  such  number  of  boys  committed  to 
and  confined  in  the  Whittier  State  School  as  by  mutual  agreement  said 
superintendents  shall  deem  expedient  and  necessary  to  properly  and 
safely  house  during  the  rebuilding  of  said  Whittier  State  School.  The 
expenses  of  transfer  both  ways  shall  be  met  out  of  the  funds  of  the 
Whittier  State  School.  The  estimated  cost  of  maintaining  the  boys  so 
transferred  to  the  Preston  School  of  Industry  while  they  remain  in  said 
school  shall  also  be  paid  for  out  of  the  funds  of  the  Whittier  State 
School  upon  the  approval  of  the  board  of  control.  A  number  of  boys 
equal  to  the  number  of  boys  so  transferred  and  remaining  in  the  Pres- 
ton School  of  Industry  shall  be  transferred  to  said  Whittier  School, 
as  the  needs  and.  conveniences  of  said  school  will  permit,  upon 
mutual  agreement  between  said  superintendents  and  application  by  the 
superintendent  of  said  Whittier  State  School,  and  the  superintendent  of 
the  Preston  School  of  Industry  is  hereby  empowered  to  relinquish  from 
his  control  and  the  superintendent  of  the  Whittier  State  School  is  hereby 
empowered  to  receive  and  transfer  to  the  Whittier  State  School  such 
boys  as  may  be  so  applied  for,  and  the  number  of  boys  so  transferred 
shall  be  deducted  from  the  number  of  boys  for  whose  maintenance  the 
Whittier  State  School  shall  pay  as  provided  for  in  this  act. 

Urgency  measure;   statement  of  facts. 

§  2.  This  act  is  hereby  declared  to  be  an  urgency  measure  within 
the  meaning  of  section  1  of  article  4  of  the  constitution  of  the  state  of 
California,  and  shall  take  effect  immediately.  The  following  is  a  state- 
ment of  the  facts  constituting  the  necessity  for  such  urgency:  The  state 
department  of  engineering  and  experts  engaged  independently  to  in- 
spect the  main  building  of  the  Whittier  State  School  have  dechired  said 
building  to  be  and  the  same  is  unsafe  and  unfit  for  human  occupancy. 
Said  building  has  been  essential  not  alone  to  the  proper  conduct  of  the 
educational  and  other  work  of  said  institution,  but  also  to  jirovide  living 
and  sleeping  quarters  for  the  officers  of  said,  school  and  about  two  hun- 
dred of  the  boys  committed  thereto.  The  unsafe  and  unfit  condition  of 
such  building  constitutes  a  menace  to  the  life  and  physical  well-being 


Acts  2772-2778a  geneb^vl  laws.  1686 

of  said  officers  and  boys,  and  it  is  therefore  deemed  necessary  for  the 
immediate  preservation  of  the  public  health  and  safety  that  such  persons 
shall  be  at  once  removed  from  such  building  and  that  proper  provision 
therefor  should  be  made  by  law. 

TITLE  391. 

PEISONS. 
ACT  2772. 

An  act  to  regulate  and  govern  the  operation  of  the  rock-crushing  plant 
at  the  state  prison  at  Folsom,  to  provide  for  the  sale  of  crushed 
rock,   and   the   disposition   of   the   revenues   derived   therefrom. 

[Approved  March  11,  1897.     Stats.  1897,  p.  99.] 
Repealed  June   16,   1913    (Stats.  1913,  p.   1034). 
The  repealing  act  contained  the  following: 

Transfer  of  fund. 

§  2.  All  moneys  now  in  what  is  known  as  the  revolving  fund,  referred 
to  in  section  7  of  the  above-entitled  act,  and  all  moneys  in  the  rock- 
crushing  fund  of  Folsom  prison,  are  hereby  transferred  to  the  prison 
fund  of  the  state  prison  at  Folsom. 

ACT  2777a. 

An  act  appropriating  money  for  the  construction  of  cell  buildings  at  the 

state  prison  at  Folsom  and  for  construction  of  a  wall  around  said 

prison. 

[Approved  June  7,  1913.     Stats.  1913,  p.  880.] 

Appropriation:  Cell  buildings,  wall,  Folsom  prison. 

§  1.  The  sum  of  one  hundred  and  thirty-five  thousand  dollars,  or  so 
much  thereof  as  may  be  necessary,  is  hereby  appropriated  out  of  any 
money  in  the  state  treasury  not  otherwise  appropriated,  to  be  used  in 
accordance  with  law  for  the  construction  of  cell  buildings  at  the  state 
prison  at  Folsom  and  for  the  construction  of  a  wall  around  said  prison. 

§  2.  The  state  controller  is  hereby  authorized  and  directed  to  draw 
his  warrants  for  the  amount  herein  appropriated  in  favor  of  the  officers 
authorized  by  law  to  receive  the  same,  in  such  amounts  and  at  such 
times  as  may  be  approved  by  the  state  board  of  control,  and  the  state 
treasurer  is  directed  to  pay  the  same. 

ACT  2778a. 

An  act  making  an  appropriation  for  the  completion  and  construction  of  ad- 
ditional cells,  walls,  chapel,  domestic  building,  and  stables,  at  the  state 
prison  at  San  Quontin,  the  installation  and  equipment  of  an  electric 
light  and  power  ]>]ant  at  state  prison,  and  providing  for  additional 
accommodations    for    the    prisoners    at    said    prison    and    to    provide 


1687  PROSTITUTION.  Acts  2797, 2798 

for    other    expenditures    incidental    or    relating   thereto.     [Approved 
April  21,  1911.     Stats.  1911,  p.  1078.] 

The   act    appropriated   three   hundred    and   eighteen    thousand   two   hundred    and 
seventy   dollars   for   the   purpose   indicated. 


TITLE  395. 

PROSTITUTION. 
ACT  2797. 

Citations.      Cal.    162/249. 

ACT  2798. 

An  act  declaring  all  buildings  and  places  nuisances  wherein  or  upon 
which  acts  of  lewdness,  assignation  or  prostitution  are  held  or 
occur  or  which  are  used  for  such  purposes,  and  providing  for  the 
abatement  and  prevention  of  such  nuisances  by  injunction  and 
otherwise. 

[Approved  April  7,  1913.     Stats.  1913,  p.  20.] 
Definitions. 

§  1.  The  term  "person"  as  used  in  this  act  shall  be  deemed  and  held 
to  mean  and  include  individuals,  corporations,  associations,  partner- 
ships, trustees,  lessees,  agents  and  assignees.  The  term  "building,"  as 
used  in  this  act  shall  be  deemed  and  held  to  mean  and  include  so  much 
of  any  building  or  structure  of  any  kind  as  is  or  may  be  entered  through 
the  same  outside  entrance. 

Place  of  prostitution  a  nuisance. 

§  2.  Every  building  or  place  used  for  the  purpose  of  lewdness,  assig- 
nation or  prostitution  and  every  building  or  place  wherein  or  upon  which 
acts  of  lewdness,  assignation  or  prostitution  are  held  or  occur,  is  a  nui- 
sance which  shall  be  enjoined,  abated  and  prevented  as  hereinafter  pro- 
vided, whether  the  same  be  a  public  or  private  nuisance. 

Action  to  abate. 

§  3.  Whenever  there  is  reason  to  believe  that  such  nuisance  is  kept, 
maintained  or  exists  in  any  county  or  city  and  county,  the  district  at- 
torney of  said  county  or  city  and  county,  in  the  name  of  the  people 
of  the  state  of  California,  must,  or  any  citizen  of  the  state  resident 
within  said  county  or  city  and  county,  in  his  own  name  may,  maintain 
an  action  in  equity  to  abate  and  prevent  such  nuisance  and  to  perpetu- 
ally enjoin  the  person  or  persons  conducting  or  maintaining  the  same, 
and  the  owner,  lessee  or  agent  of  the  building,  or  place,  in  or  upon 
which  such  nuisance  exists,  from  directly  or  indirectly  maintaining  or 
permitting  such  nuisance. 

Temporary  writ. 

§  4.  The  complaint  in  such  action  must  be  verified  unless  filed  by  the 
district   attorney.     Whenever   the    existence    of   such    nuisance    is    shown 


Act  2798,  §§  5--8  general  laws.  1688 

in  such  action  to  the  satisfaction  of  the  court  or  judge  thereof,  either 
by  verified  complaint  or  affidavit,  the  court  or  judge  shall  allow  a  tem- 
porary writ  of  injunction  to  abate  and  prevent  the  continuance  or  re- 
currence of  such  nuisance. 

Action  to  have  precedence.     Failure  to  prosecute. 

§  5.  The  action  when  brought  shall  have  precedence  over  all  other 
actions,  excepting  criminal  proceedings,  election  contests  and  hearings 
on  injunctions,  and  in  such  action  evidence  of  the  general  reputation 
of  the  place  shall  be  admissible  for  the  purpose  of  proving  the  existence 
of  said  nuisance.  If  the  complaint  is  filed  by  a  citizen,  it  shall  not  be 
dismissed  by  the  plaintiff  or  for  want  of  prosecution  except  upon  a 
sworn  statement  made  by  the  complainant  and  his  attorney,  setting  forth 
the  reasons  why  the  action  should  be  dismissed,  and  the  dismissal 
ordered  by  the  court.  In  case  of  failure  to  prosecute  any  such  action 
with  reasonable  diligence,  or  at  the  request  of  the  plaintiff,  the  court, 
in  its  discretion,  may  substitute  any  such  citizen  consenting  thereto  for 
such  plaintiff.  If  the  action  is  brought  by  a  citizen  and  the  court  finds 
there  was  no  reasonable  ground  or  cause  for  said  action,  the  costs  shall 
be  taxed  against  such  citizen. 

Violation  of  injunction. 

§  6.  Any  violation  or  disobedience  of  either  any  injunction  or  order 
expressly  provided  for  by  this  act  shall  be  punished  as  a  contempt  of 
court  bj^  a  fine  of  not  less  than  two  hundred  dollars,  nor  more  than  one 
thousand  dollars,  or  by  imprisonment  in  the  county  jail  for  not  less 
than  one  month  nor  more  than  six  months,  or  by  both  such  fine  and 
imprisonment. 

Order  of  abatement. 

§  7.  If  the  existence  of  a  nuisance  be  established  in  an  action  as 
provided  herein,  an  order  of  abatement  shall  be  entered  as  a  part  of 
the  judgment  in  the  ca'se,  which  order  shall  direct  the  removal  from  . 
the  building  or  place  of  all  fixtures,  musical  instruments  and  movable 
property  used  in  conducting,  maintaining,  aiding  or  abetting  the  nui- 
sance, and  shall  direct  the  sale  thereof  in  the  manner  provided  for  the 
sale  of  chattels  under  execution,  and  the  eft'cctual  closing  of  the  build- 
ing or  place  against  its  use  for  any  purpose,  and  so  keeping  it  closed  ' 
for  a  period  of  one  year,  unless  sooner  released,  as  hereinafter  pro- 
vided. While  such  order  remains  in  effect  as  to  closing,  such  building 
or  place  shall  be  and  remain  in  the  custody  of  the  court.  For  removing 
and  selling  the  movable  property,  the  officer  shall  be  entitled  to  charge 
and  receive  the  same  fees  as  he  would  for  levying  upon  and  selling  like 
property  on  execution,  and  for  closing  the  premises  and-  keeping  them 
closed,  a  reasonable  sum  shall  be  allowed  by  the  court. 

Proceeds  of  sale.     Building  may  be  sold. 

§  8.  The  proceeds  of  the  sale  of  the  property,  as  provided  in  the  pre- 
ceding section,  shall  be  applied  as  follows: 


1689  PROTECTION  DISTRICTS.  Act  2804 

1.  To  the  fees  and  costs  of  such  removal  and  sale; 

2.  To  the  allowances  and  costs  of  so  closing  and  keeping  closed  such 
building  or  place; 

3.  To  the  payment  of  plaintiff's  costs  in   such   action; 

4.  The  balance,  if  any,  shall  be  paid  to  the  owner  of  the  property  so 
sold. 

If  the  proceeds  of  such  sale  do  not  fully  discharge  all  such  costs, 
fees  and  allowances,  the  said  building  and  place  shall  then  also  be  sold 
under  execution  issued  upon  the  order  of  the  court  or  judge  and  the 
proceeds  of  such  sale  applied  in  like  manner. 

Owner,  aot  guilty  of  contempt,  may  pay  costs. 

§  9.  If  the  owner  of  the  building  or  place  has  not  been  guilty  of 
any  contempt  of  court  in  the  proceedings,  and  appears  and  pays  all 
costs,  fees  and  allowances  which  are  a  lien  on  the  building  or  place 
and  files  a  bond  in  the  full  value  of  the  property,  to  be  ascertained  by 
the  court,  with  sureties,  to  be  approved  by  the  court  or  judge,  condi- 
tioned that  he  will  immediately  abate  any  such  nuisance  that  may  exist 
at  such  building  or  place  and  prevent  the  same  from  being  established 
or  kept  thereat  within  a  period  of  one  year  thereafter,  the  court,  or  judge 
thereof,  may,  if  satisfied  of  his  good  faith,  order  the  premises  closed 
under  the  order  of  abatement,  to  be  delivered  to  said  owner,  and  said 
order  of  abatement  canceled  so  far  as  the  same  may  relate  to  said 
property.  The  release  of  the  property,  under  the  provisions  of  this  sec- 
tion, shall  not  release  it  from  any  judgment,  lien,  penalty  or  liability 
to  which  it  may  be  subject  by  law. 

Fine  lien  on  building. 

§  10.  Whenever  the  owner  of  a  building  or  place  upon  which  the 
act  or  acts  constituting  the  contempt  shall  have  been  committed,  or  of 
any  interest  therein  has  been  guilty  of  a  contempt  of  court  and  fined 
therefor  in  any  proceedings  under  this  act,  such  fine  shall  be  a  Hen  upon 
such  building  and  place  to  the  extent  of  the  interest  of  such  person 
therein  enforceable  and  collectible  by  execution  issued  by  the  order  of 
the  court. 

Laws  repealed. 

§  11.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of 
this  act  are  hereby  repealed;  provided,  that  nothing  herein  shall  be 
construed  as  repealing  any  law  for  the  suppression  of  lewdness,  assigna- 
tion or  prostitution. 

TITLE  396. 
PROTECTION  DISTRICTS. 
ACT  2804. 

An  act  to  provide  for  the  formation  of  protection  districts  in  the  various 
counties  of  this  state,  for  the  improvomont  and  rectification  of  thci 
channels  in  navigable  streams  and  wutorcourses,  for  the   prevention 


Act  2804,  §§  1,  2  GENERAL  LAWS.  1690 

of  the  overflow  thereof,  by  widening,  deepening,  and  straightening 
and  otherwise  improving  the  same,  and  to  authorize  the  boards  of 
supervisors  to  levy  and  collect  assessments  from  the  property  bene- 
fited to  pay  the  expenses  of  the  same. 

[Approved  March  27,  1895.     Stats.  1895,  p.  247.] 
Amended  1897,  p.  219;  1903,  p.  328;   1909,  p.  807;  1911,  p.  446. 
The  amendments  of  1911  are  as  follows: 

Formation  of  protection  district.     Boundaries.    Hearing. 

§  1.  Whenever  the  board  of  supervisors  of  any  county  in  this  state 
deem  it  proper,  for  the  purpose  of  protecting  property  from  damage,  to 
widen,  deepen,  change,  straighten  or  otherwise  improve  the  channel  of 
any  navigable  stream,  watercourse  or  wash  within  the  county,  or  to 
construct  a  new  channel  therefor,  in  whole  or  in  part,  or  to  erect  levees, 
or  dikes  upon  or  along  the  banks  thereof,  or  otherwise  to  prevent  the 
same  from  overflow,  or  to  do  any  one  or  more  or  all  of  said  things,  said 
board  may,  upon  petition  of  ten  land  owners,  setting  forth  the  general 
character  of  the  improvements  desired  by  them,  and  the  boundaries  of 
the  district  to  be  benefited  by  such  proposed  improvement,  and  that  their 
land  is  within  the  same,  and  asking  for  the  formation  of  a  district  under 
this  act,  pass  a  resolution  declaring  their  intention  to  form  a  protection 
district  under  this  act.  Said  resolution  shall  describe  the  exterior 
boundaries  of  the  proposed  district,  and  the  general  character  of  the 
improvements  contemplated,  either  of  which  need  not  be  the  same  as 
those  set  forth  in  the  petition,  and  shall  fix  a  time  and  place  for  the 
hearing  of  the  matter,  not  less  than  thirty  days  after  the  passage 
thereof,  and  direct  the  clerk  of  said  board  to  publish  a  notice  of  the 
intention  of  the  board  of  supervisors  to  form  such  protection  district, 
and  of  the  time  and  place  fixed  for  the  hearing,  and  shall  designate 
some  newspaper  of  general  circulation,  published  and  circulate(^  in  said 
proposed  district,  or,  if  there'  is  no  newspaper  so  published  and  circu- 
lated, then  some  newspaper  of  general  circulation  published  and  cir- 
culated  in   the   county.     [Amendment   approved   March   23,   1911;   Stats. 

1911,  p.  446.] 

« 

Publication  of  notice.     Copy  to  ea<;h  owner  of  land. 

§  2.  Thereupon  said  clerk  shall  cause  to  be  published  in  the  news- 
paper so  designated,  for  a  period  of  twenty  days  before  the  date  fixed 
for  the  hearing,  a  notice,  which  notice  shall  be  headed,  "notice  of  inten- 
tion of  the  board  of  supervisors  to  form  a  protection  district."  Said 
notice  shall  set  forth  the  fact  of  the  passage  of  such  resolution,  with  the 
date  thereof,  the  general  character  of  the  improvements  contemplated, 
the  boundaries  of  the  proposed  district,  and  the  time  and  place  for  the 
hearing,  and  shall  state  that  it  is  proposed  to  assess  all  property  em- 
braced in  said  proposed  protection  district,  for  the  jiurpose  of  paying  the 
damages,  costs,  and  expenses  of  constructing  the  proposed  improvements. 


1691  PROTECTION  DISTRICTS.  Act  2804,  §§  3, 4 

and  the  necessary  expense  of  maintaining  and  repairing  the  said  works 
and  improvements,  and  shall  refer  to  the  resolution  for  further  particu- 
hiis.  Said  clerk  shall  send  a  copy  of  said  notice  by  mail,  postage  pre- 
p:iid,  to  each  owner  of  land  in  the  proposed  district  whose  name  appears 
;is  such  on  the  last  completed  assessment-rftll  of  the  county  or  counties 
ill  which  said  proposed  district  lies,  addressed  to  such  owner  at  his  ad- 
dress given  on  such  assessment-roll,  or  if  no  address  is  so  given,  then  to 
his  last  known  address,  or  if  it  be  not  known  then  at  the  county  seat  of 
the  county  in  which  his  land  lies.  Said  clerk  shall  make  and  file  in  his 
office  an  affidavit  of  such  mailing,  showing  the  names  and  addresses  of 
the  persons  to  whom  such  notices  were  sent,  which  shall  be  prima  facie 
evidence  that  said  notices  were  mailed  as  herein  required.  Failure  of 
the  clerk  to  mail  said  notices  as  herein  required  shall  not  invalidate  sub- 
sequent proceedings.  [Amendment  approved  March  23,  1911;  Stats. 
1911,  p.  447.] 

Written  objections. 

§  3.  Any  person  interested  objecting  to  the  formation  of  such  pro- 
posed district,  or  to  the  extent  thereof,  may,  at  or  before  the  time  fixed 
for  the  hearing  of  the  matter,  file  a  written  objection  thereto,  stating 
briefly  his  ground  of  objection,  with  the  clerk  of  said  board  of  super- 
visors, who  shall  indorse  thereon  the  date  of  its  reception  by  him,  and 
shall  at  the  time  fixed  for  the  hearing,  place  all  such  objections  filed 
with  him  before  said  board  of  supervisors.  [Amendment  approved  March 
23,  1911;  Stats.   1911,  p.  447.] 

Supervisors  to  hear  objections. 

§  4.  At  the  time  fixed  for  the  hearing,  or  to  which  the  hearing  may 
be  adjourned,  the  board  of  supervisors  shall  hear  the  objections  filed,  if 
any,  and  pass  upon  the  same.  Said  board  may,  in  its  discretion,  overrule 
or  sustain,  in  whole  or  in  part,  any  or  all  of  the  objections  filed,  and  may 
change  or  alter  the  boundaries  of  such  proposed  district  to  conform  to 
the  needs  of  the  district,  provided,  that  they  shall  include  therein  only 
such  land  as  will,  in  their  judgment,  be  benefited  by  the  proposed  work 
or  improvements,  and  provided,  further,  that  if  they  deem  it  proper  to 
include  therein  any  territory  not  included  in  the  boundaries  mentioned 
in  the  resolution  of  intention,  they  shall  first  cause  notice  of  their  inten- 
tion so  to  do  to  be  published  and  mailed  to  land  owners  in  such  addi- 
tional territory,  as  in  case  of  the  original  notice,  and  shall,  for  that  pur- 
pose, adjourn  the  hearing  to  some  time  and  place  to  be  stated  in  such 
new  notice,  and  shall  hear  and  pass  upon  any  objections  made  by  such 
owners  as  in  case  of  other  land  owners  in  the  proposed  district.  Said 
board  may,  in  their  discretion,  declare  such  protection  district  formed 
with  the  boundaries  designated  by  them  and  shall  designate  such  district 

by  name   as   the  protection"  district   of  county    (or   counties), 

[Amendment  approved  March  23,  1911;  Stats.  1911,  p.  447.] 


Act2804,  §§  6, 15  general  laws.  1692 

District  governed  by  supervisors.     Powers.     Maps,  plans,  survey. 

§  6.  Each  protection  district  shall  be  governed  and  controlled  by  tbe 
board  of  supervisors  of  the  county  in  which  it  is  situated.  Said  board 
shall  have  power,  in  the  nam^  of  the  county  and  in  behalf  of  the  district, 
to  purchase,  receive  by  donation,  or  acquire  by  condemnation  any  rights 
of  way  or  other  real  or  personal  property  necessary  to  carry  out  the  pur- 
poses for  which  the  district  was.  formed,  and  for  that  purpose  all  the 
provisions  of  the  Code  of  Civil  Procedure  relating  to  eminent  domain 
are  hereby  made  applicable  to  proceedings  in  behalf  of  such  district  to 
condemn  property.  The  said  board  shall  also  have  power  to  employ  such 
engineers,  surveyors  and  others  as  may  be  necessary  to  survey,  plan  or 
locate,  or  supervise  the  construction  or  repair  of,  the  improvements 
necessary  to  carry  out  the  purposes  for  which  the  district  was  formed; 
to  construct,  maintain  and  keep  in  repair  any  and  all  improvements,  and 
do  all  other  things  requisite  or  necessary  to  carry  out  the  purposes  of 
the  district;  and  to  employ  the  services  of  any  person,  legal  or  other- 
wise, which  in  the  judgment  of  said  board,  may  be  necessary  to  carry 
out  said,  purposes.  As  soon  as  said  district  is  formed,  the  board  shall 
cause  a  survey  of  the  contemplated  improvements  to  be  made,  or  adopt 
.a  survey  already  made,  and  shall  also  cause  a  map  of  such  survey,  and 
plans  and  specifications  showing  such  improvements  in  detail,  to  be  pre-, 
pared,  and  they  shall  adopt  such  survey,  maps,  plans  and  specifications, 
and  thereafter  all  such  improvements  shall  be  made  in  accordance  with 
the  survey,  maps,  plans  and  specifications  so  adopted;  provided,  that  at 
any  time  after  the  adoption  of  said  survey,  map,  plans  and  specifications, 
and  before  the  commissioner's  report  of  assessment  of  benefits  and 
ftward  of  damages  has  been  finally  adopted  and  confirmed  by  the  board, 
«;aid  board  maj-  rescind  their  action  in  adopting  said  survey,  map,  plans 
and  specifications,  and  may  modify  the  same  or  adopt  others  in  place 
thereof,  in  which  case  a  new  assessment  shall  be  made,  or  may,  by  a 
four-fifths  vote  of  the  members  thereof,  abandon  the  contemplated  im- 
provement and  dissolve  the  said  protection  district,  in  which  case  the 
expenses  already  incurred  in  behalf  of  such  district  shall  be  a  county 
charge.     [Amendment  approved  March  23,  1911;  Stats.  1911,  p.  448.] 

Report.     Publication  of.     Form  of  notice. 

§  15.  The  report  of  such  commissioners  and  the  plat  accompanying  it 
shall  be  filed  with  the  clerk  of  the  board  of  supervisors,  and  said  board 
shall  thereupon  fix  a  time  for  the  hearing  thereof,  which  shall  not  be  less 
than  four  weeks  after  the  filing  thereof,  and  thereupon  the  clerk  of  said 
board  shall  give  notice  of  such  hearing  by  publication  for  at  least  three 
weeks  in  a  newspaper  of  general  circulation  published  and  circulated  in 
/the  said  district,  if  such  there  be,  or  if  there  is  no  such  newspaper,  then 
in  some  newspaper  of  general  circulation,  published  in  one  of  the  counties 
in  which  said  district  is  situated,  said  newspaper  to  be  designated  by  the 
board.     Such  notice  shall  be  substantially  in  the  following  form: 


1693  PROTECTION  DISTRICTS.  Act  280-4,  §  16 

Notice   of  the   Filing   of   the   Commissioner's  Eeport   of  Protection 

District  of  the  County  of  . 

Notice  is  hereby  given  that  the  commissioners  of  the  protection 

district  of  the  county  of  ,   did   on  the  day  of ,  19 — ,  file 

their  report  of  the  assessment  of  benefits  and  award  of  damages  with  the 
clerk   of   the   board    of   supervisors   of  said   county,  which   said  report  is 

now  on  file  in  the  office  of  said  board  of  supervisors  in  the  city  of  , 

said  county,  and  that  said  report  will  be  heard  by  said  board  at  their 

office  on  the  day  of ,  19 — ,  at  the  hour  of M.     Said  report 

and  the  survey,  map,  plans  and  specifications  of  the  improvements  men- 
tioned therein  are  hereby  referred  to  for  further  particulars.  All  per- 
sons interested  are  hereby  required  to  show  cause,  if  any  they  have,  at 
the  time  fixed  for  said  hearing,  why  such  report  should  not  be  adopted 
ind  confirmed  by  said  board  of  supervisors,  and  the  improvements 
therein  referred  to  constructed.  All  objections  shall  be  in  writing, 
signed  by  the  person  objecting,  and  filed  with  the  clerk  of  said  board 
at  or  before  the  time  above  mentioned. 

(Signed) , 

Clerk  of  the  board  of  supervisors  of  •  county. 

[Amendment  approved  March  23,  1911;  Stats.  1911,  p.  449.] 

Objections  to  report.    Action  of  supervisors  final. 

§  16.  Any  person  interested  may  file  with  the  clerk  of  said  board,  at 
or  before  the  time  fixed  for  the  hearing,  a  written  objection  to  said  re- 
port or  any  part  thereof,  or  to  the  survey,  map,  plans,  or  specifications 
for  the  proposed  improvements,  or  to  the  making  of  such  proposed  im- 
provements. At  the  time  fixed  for  such  hearing  or  at  any  other  time  to 
which  the  hearing  may  be  adjourned,  the  board  of  supervisors  shall  hear 
all  objections  so  filed,  if  any,  and  pass  upon  the  same,  and  shall  proceed 
to  pass  upon  such  report,  and  may  confirm,  correct  or  modify  the  same, 
or  may  take  such  advice  in  regard  to  the  survey,  map,  plans  and  speci- 
fications as  is  authorized  by  section  6  of  this  act,  or  may  order  the  com- 
missioners to  make  a  new  assessment,  report  and  plat,  which  shall  be 
filed,  heard  and  acted  upon  in  the  same  manner  and  on  like  notice,  as  in 
the  case  of  an  original  report.  The  action  of  the  board  upon  the  report 
and  objections  thereto,  and  upon  the  survey,  map,  plans  and  specifica- 
tions, shall  be  final  and  conclusive  as  to  all  matters  which  they  might 
have  remedied  or  avoided;  and  no  assessment  shall  be  set  aside,  except 
upon  such  hearing,  for  any  error,  defect  or  informality  therein  or  in  the 
proceedings  prior  thereto,  where  the  district  has  been  legally  formed 
and  notice  of  the  hearing  of  the  report  has  been  given  as  herein  pre- 
scribed. When  such  report  has  been  adopted  and  confirmed,  said  board 
may  by  order  entered  upon  its  minutes  discharge  said  commissioners,  and 
their  authority  shall  thereupon  cease.  [Amendment  approved  March 
23,  1911;  Stats.  1911,  p.  449.] 


Act  2804,  §§  18-27  general  laws.  1G94 

Special  fund.     Pajrments  from. 

§  18.  All  moneys  paid  upon  such  assessments  eitter  by  property  own- 
ers or  by  the  county  or  counties  affected^  shall  be  placed  in  the  county 
treasury  of  the  county  in  which  such  protection  district  was  organized, 

to  the  credit  of  a  special  fund  to  be  known  as  the  protection  district 

improvement  fund;  and  shall  be  used  only  to  pay  the  expense  and  cost 
of  constructing  the  improvements  described  in  the  survey,  map,  plans 
and  specifications  adopted  by  the  board  of  supervisors;  provided,  that 
any  surplus  remaining  after  the  construction  thereof  shall  be  paid  into 
the  current  expense  fund.  Paj-ments  from  said  fund  shall  be  made  upon 
demands  prepared,  presented,  allowed  and  audited  in  the  same  manner 
as  demands  upon  the  funds  of  the  county.  [Amendment  approved 
March  23,   1911;   Stats.  1911,  p.  450.] 

Protection  district  tax  levy. 

§  21.  The  board  of  supervisors  shall,  at  the  time  of  making  the  levy 
of  taxes  for  county  purposes  for  each  year,  levy  a  tax  upon  the  real  es- 
tate in  each  protection  district  in  their  county  suflScient  in  amount  to 
raise  the  amount  of  mojiey  which  will  be  needed  for  the  current  year  for 
maintaining  and  repairing  the  works  and  improvements  of  said  district. 
Said  tax,  when  levied,  shall  be  entered  upon  the  assessment-roll  and 
collected  in  the  same  manner  as  state  and  county  taxes.  When  the  same 
is  collected,  it  shall  be  placed  in  the  treasury  of  the  county  to  the  creilit 
of  the  current  expense  fund  of  said  district,  and  shall  be  used  only  for 
the  purpose  for  which  it  was  raised.  Payments  shall  be  made  from  said 
fund  in  the  same  manner  as  from  the  improvement  fund  of  the  district. 
[Amendment  approved  March  23,  1911;   Stats.  1911,  p.  450.] 

What  improvements  may  be  made. 

§  27.  The  improvements  made  under  this  act  may  include  the  widen- 
ing, deepening,  changing  and  straightening  of  the  channels  of  innavigable 
streams,  watercourses  or  washes,  the  construction  of  new  channels 
therefor,  and  the  construction  of  levees,  banks,  dikes,  conduits,  ditches 
and  canals  for  the  conveyance  of  the  waters  of  such  streams,  water- 
courses or  washes,  or  for  confining  such  streams,  watercourses,  or  washes 
to  their  channels;  and  said  work  may  be  done  either  within  or  without 
the  boundaries  of  the  district,  as  may  be  necessary  in  order  to  properly 
prevent  the  overflow  of  said  water  and  protect  the  land  in  said  district 
for  damage  and  secure  a  free  outlet  for  such  streams,  watercourses  and 
washes.     [Amendment  approved  March  23,  1911;  Stats.  1911,  p.  451.] 

The  amendatory  act  of  1911  also  contained  the  following  provision: 

§  11.  This  act  shall  take  effect  and  be  in  force  immediately;  provided, 
however,  that  the  same  shall  not  apply  to  or  affect  any  proceedings  that 
may  be  pending  for  the  organization  of  a  protection  district  under  the 
provisions  of  the  act  which  is  hereby  amended;  but,  as  to  any  proceed- 
ings so  pending  at  the  time  this  act  takes  effect,  the  provisions  of  said 


1695  PROTECTION  DISTRICTS.  'Acts  2805, 2806 

act  hereby  amended  as  existing  prior  to  this  amendment  shall  continue 
in  force  until  such  district  is  formed,  or  the  board  of  supervisors  have 
refused  to  form  the  same. 

Citations.     App.  13/762,  764. 

ACT  2805. 

Citations.      Cal.  157/4,  5,  8,  9,  10,  12,  13,  15. 

ACT  2806. 

An  act  to  provide  for  the  formation,  organization  and  government  of 
storm-water  districts,  for  the  purpose  of  protecting  the  land  therein 
from  damage  from  storm  water  and  from  the  waters  from  any  in- 
navigable stream,  watercourse,  canyon  or  wash,  or  for  the  purpose 
of  saving  and  conserving  any  storm,  flood,  or  snow  water  for  bene- 
ficial and  useful  purposes,  for  the  construction  of  the  necessary 
works  of  protection  and  conservation  of  such  storm  or  f!ood  waters 
by  said  district,  and -for  the  levying  of  taxes  and  assessments  to  pay 
for  the  cost  of  constructing,  repairing  and  maintaining  such  im- 
provements. 

[Approved  March  13,  1909.     Stats.  1909,  p.  339.] 
Amended  1913,  p.  504. 

The  amettdments  of  1913  follow: 

Formation  of  storm-water  districts.  Petition,  owners  of  land.  Time  and 
place  for  hearing. 
§  1.  Storm-water  districts  may  be  formed  under  the  provisions  of 
this  act  for  the  purpose  of  protecting  the  lands  in  such  districts  from 
damage  from  storm  water,  and  from  the  waters  from  any  innavigable 
stream,  watercourse,  canyon,  or  wash,  or  such  districts  may  be  formed 
for  the  purpose  of  spreading,  conserving,  storing,  retaining  or  causing 
to  percolate  into  the  soil  within  such  district  any  or  all  of  such  waters. 
When  ten  or  more  owners  of  land  whose  names  appear  as  such  upon  the 
last  assessment-roll,  in  any  district  of  land  which  lies  in  one  body  and 
is  liable  to  damage  from  storm  water  or  from  the  waters  of  any  innavi- 
gable stream,  canyon  or  wash,  or  w^hcn  such  owners  desire  to  spread,  con- 
serve, store,  retain,  or  cause  to  percolate  into  the  soil  within  such  district 
any  or  all  of  such  waters,  shall  present  a  petition  to  the  board  of  super- 
visors of  the  county  in  which  said  land  lies,  or  if  the  same  lies  in  more 
than  one  county,  then  to  the  board  of  supervisors  of  the  county  in  which 
the  greater  area  of  such  land  lies,  setting  forth  the  exterior  boundaries 
of  said  district  and  asking  that  the  district  so  described  be  formed  into 
a  storm-water  district  under  the  provisions  of  this  act,  the  said  board 
of  supervisors  shall  pass  a  resolution  declaring  their  intention  to  form 
and  organize  said  portion  of  said  county  or  counties  into  a  storm-water 
district  for  the  purpose  of  protecting  the  lands  therein  from  damage 
from  storm  water,  and  from  the  waters  of  any  innavigable  stream,  can- 
yon or  wash,  or  for  the  purpose  of  spreading,  conserving,  storing,  retain- 


Act  2806,  §§  2, 8  general  laws.  1696 

ing  or  causing  to  percolate  into  the  soil  within  snch  district  any  or  all 
of  such  waters,  and  describing  the  exterior  boundaries  of  the  district. 
Said  resolution  shall  fix  a  time  and  place  for  the  hearing  of  the  matter, 
not  less  than  thirty  days  after  the  passage  thereof,  and  direct  the  clerk 
of  said  board  to  publish  a  notice  of  the  intention  of  the  board  of  super- 
visors to  form  such  storm-water  district,  and  of  the  time  and  place  fixed 
for  the  hearing,  and  shall  designate  some  newspaper  of  general  circula- 
tion, published  and  circulated  in  said  proposed  storm-water  district,  or 
if  there  is  no  newspaper  so  published  and  circulated,  then  some  news- 
paper of  general  circulation,  published  and  circulated  in  each  county 
in  which  any  part  of  said  proposed  district  is  situated  in  which  said 
notice  is  to  be  publishe'd.  [Amendment  approved  June  6,  1913;  Stats. 
1913,  p.  504.] 

Publication  of  notice.  Copy  of  notice  to  each  owner.  Clerk's  affidavit. 
§  2.  Thereupon  said  clerk  shall  cause  to  be  published  in  the  news- 
paper or  newspapers  so  designated,  for  a  period  of  twenty  days  before 
the  date  fixed  for  the  hearing,  a  notice,  which  shall  be  headed  "Notice 
of  intention  of  the  board  of  supervisors  to  form  a  storm-water  district." 
Said  notice  shall  set  forth  the  fact  of  the  passage  of  such  resolution  with 
the  date  thereof,  the  boundaries  of  the  proposed  district,  and  the  time 
and  place  for  the  hearing,  and  shall  state  that  it  is  proposed  to  assess 
all  property  embraced  in  said  proposed  storm-water  district,  for  the  pur- 
pose of  paying  the  damages,  costs  and  expenses  of  constructing  and  re- 
pairing such  dikes,  levees,  ditches,  canals,  reservoirs,  shafts  and  other 
improvements  as  may  be  necessary  to  protect  the  land  in  said  district 
from  damage  from  storm-water  and  from  waters  of  any  innavigable 
stream,  canyon  or  wash,  or  to  spread,  conserve,  store,  retain  or  cause  to 
percolate  into  the  soil  within  such  district  any  or  all  of  such  waters, 
and  the  necessary  expense  of  maintaining  said  district,  and  shall  refer 
to  the  resolution  for  further  particulars.  Said  clerk  shall  send  a  copy 
of  said  notice  by  registered  mail,  postage  prepaid,  to  each  owner  of  land 
in  the  proposed  district  whose  name  appears  as  such  on  the  last  assess- 
ment-roll of  the  county  or  counties  in  which  said  proposed  district  lies, 
addressed  to  such  owner  at  his  address  given  on  such  assessment-roll,  or 
if  no  address  is  given,  then  at  his  last  known  address,  or  if  it  be  not 
known  then  at  the  county  seat  of  the  county  in  which  his  land  lies.  Said 
clerk  shall  make  and  file  in  his  office  an  affidavit  of  such  mailing,  showing 
the  names  and  addresses  of  the  persons  to  whom  such  notices  were  sent, 
which  shall  be  prima  facie  evidence  that  such  notices  were  mailed  as 
herein  required.  [Amendment  approved  June  6,  1913;  Stats.  1913, 
p.  505.] 

Powers   of   district.     May   employ   engineers.     Work    over   five   hundred 

doUars  by  contract.     May  reject  bids. 

§  8.     Each  storm-water  district  shall  have  power  to  sue  and  be  sued. 

The  trustees  thereof  shall  have  power  in  the  name  and  in  behalf  of  the 

district   to  purchase,   receive   by   donation,   or   acquire  by   coademnatioa 


1 


1697  PROTECTION  DISTRICTS.  Act  2806,  §  2i 

any  rights  of  way  or  other  real  or  personal  property  necessary  to  carry 
out  the  purposes  for  which  the  district  was  formed,  and  for  that  pur- 
pose all  the  provisions  of  the  Code  of  Civil  Procedure  relating  to  emi- 
nent domain  are  hereby  made  applicable  to  proceedings  by  such  district 
to  condemn  property.  The  said  board  of  trustees  shall  also  have  power 
to  employ  such  engineers,  surveyors  and  others  as  may  be  necessary  to 
survey,  plan,  or  locate,  or  supervise  the  construction  or  repair  of,  the 
improvements  necessary  to  carry  out  the  purposes  for  which  the  district 
was  formed;  to  construct,  maintain  and  keep  in  repair  any  an-d  all  im- 
provements, requisite  or  necessary  to  carry  out  the  purposes  of  the  dis- 
trict; and  to  do  any  and  all  other  acts  and  things  necessary  or  required 
for  the  protection  of  the  lands  in  said  district  from  damage  from  storm 
waters  and  from  waters  of  any  innavigable  stream,  watercourse,  canyon 
or  wash;  or  for  the  spreading,  conserving,  storing,  retaining  or  causing 
to  percolate  into  the  soil  within  such  district  any  or  all  of  such  waters; 
and  to  employ  the  services  of  any  person,  legal  or  otherwise,  which  in 
the  judgment  of  said  board  of  trustees  may  be  necessary  to  carry  out 
said  purposes.  All  work  of  construction,  repair,  or  maintenance,  the  cost 
whereof  exceeds  five  hundred  dollars,  shall  be  done  by  contract;  and  all 
contracts  shall  be  let  by  the  board  to  the  lowest  responsible  bidder,  who 
will  give  bond  for  the  faithful  performance  thereof  satisfactory  to  the 
board,  after  advertisement  for  bids  published  by  their  clerk  for  not  less 
than  ten  days  in  some  newspaper  of  general  circulation,  designated  by 
the  board  and  published  in  the  county  in  which  the  district  or  some  part 
thereof  is  situated,  specifying  the  time  and  place  for  the  opening  of  bids, 
and  the  particular  work  to  be  bid  for;  provided,  however,  that  the  board 
may  reject  all  bids  and  readvertise,  and  may  by  unanimous  action  in 
cases  of  great  emergency,  the  nature  of  which  shall  be  entered  on  their 
minutes,  proceed  at  once  to  replace  or  repair  any  of  the  works  or  im- 
provements of  the  district  without  advertisement.  [Amendment  ap- 
proved June  6,  1913;  Stats.  1913,  p.  505.] 

Kinds  of  improvements. 

§  24.  The  improvements  made  under  this  act  may  include  the  widen- 
ing, deepening  and  straightening  of  the  channels  of  the  innavigable 
streams,  watercourses  or  washes,  the  construction  of  new  courses  there- 
for, and  the  construction  of  levees,  banks,  dikes,  conduits,  ditches,  canals, 
reservoirs  and  the  sinking  of  shafts,  for  the  conveyance  of  storm 
waters  of  any  innavigable  stream,  canyon  or  wash,  or  for  confining  such 
streams,  watercourses  or  washes  to  their  channel,  or  for  the  spreading, 
conserving,  storing,  retaining  or  causing  to  percolate  into  the  soil  within 
such  district  any  or  all  of  such  waters,  and  said  work  may  be  done 
either  within  or  without  the  boundaries  of  the  district,  as  may  be  neces- 
sarv  in  order  to  properly  protect  the  land  in  said  district  from  damage 
and  secure  a  free  outlet  for  such  streams,  watercourses,  washes,  and 
storm  water,  or  to  spread,  conserve,  store,  retain  or  cause  to  percolate 
107 


Acts  2815-2822  general  l.^ws.  1698' 

into  the  soil  within  such  district  any  such  waters.     [Amendment  approved 
June  6,  1913;  Stats.  1913,  p.  506.] 

TITLE  398. 

PUBLIC  BUILDINGS. 
ACT  2815. 

Citations.      App.    18/495,    496,    497. 

ACT  2819. 

An  act  to  provide  for  the  selection,  location,  acquisition  and  purchase 
of  a  site  or  sites,  in  the  city  and  county  of  San  Francisco,  state  of 
California,  for  the  erection,  equipment  and  furnishing  of  a  building 
or  buildings,  and  for  the  improvement  of  the  grounds  thereof,  for 
the  use  and  occupancy  of  the  officers  and  departments  of  the  state 
government  of  the  state  of  California  maintaining  headquarters  in 
said  city  of  San  Francisco,  and  making  an  appropriation  therefor. 
[Approved  June  12,  1906.     Stats.  1906,  p.   18.] 

Repealed   if   the    act   mentioned    in    section    1    of    Statutes   of    1913,    page    924, 
is   approved  by  vote  of  the  people.      See  §  4  of  Act  2822b,  post. 

ACT  2821. 

An   act   to   enable   counties   to  join   with   incorporated   cities   and   towns 
within   such   counties   in   the   joint   construction   of   public   buildings 
to  be  used  jointly  for  county  and  municipal  purposes. 
[Approved  April  2i ,  1911.     Stats.  1911,  p.  1164.] 

Supervisors  and  city  council  may  construct  joint  public  building. 

§  1.  Whenever,  in  its  discretion,  the  board  of  supervisors  of  any 
county  determines  that  it  is  necessary  that  a  public  building  for  county 
purposes  be  erected  within  any  incorporated  city  or  town  in  such  county, 
such  county  may  join  with  such  incorporated  town  or  city  in  the  joint 
construction  and  erection  of  such  public  building,  and  may  share  the 
cost  thereof,  upon  such  terms  and  conditions  as  may  be  agreed  upon 
by  such  board  of  supervisors  and  the  city  council  or  other  governing 
body  of  such  incorporated  city  or  town;  and  such  joint  public  building 
may  be  used  jointlj^  by  such  county  and  such  incorporated  city  or  town; 
provided,  that  in  no  event  shall  the  county  contribute  more  than  one- 
half  of  the  cost  of  construction  of  such  joint  public  building. 

§  2.     This  act  shall  take  effect  immediately. 
See  Act  2822,  post. 

ACT  2822. 

An  act  to  enable  counties  to  join  with  incorporated  cities  and  towns 
within  such  counties  in  the  joint  construction  of  public  buildings  to 
b€  used  jointly  for  county  and  municipal  purposes. 

[Approved  May  29,  1913.     Stats.  1913,  p.  331.] 


1699  PUBLIC  BUILDINGS.  Act  2822a,  §  1 

Counties  may  join  with  cities  in  erecting  public  "buildings. 

§  1.  Whenever,  in  its  discretion,  the  board  of  supervisors  of  any 
county  determines  that  it  is  necessary  that  a  public  building  for  county 
purposes  be  erected  by  such  county  in  any  incorporated  city  or  town  in 
such  county,  and  whenever  in  its  discretion  the  city  council,  city  com- 
mission, board  of  city  trustees  or  other  legislative  body  of  such  incor- 
porated city  or  town  determines  that  it  is  necessary  that  a  public  build- 
ing be  erected  by  and  in  such  incorporated  city  or  town  for  municipal 
purposes,  such  county  and  such  incorporated  city  or  town  may  join  and 
each  is  hereby  given  the  right  to  join,  in  the  construction,  erection  and 
ownership  of  a  public  building  for  such  county  and  municipal  purposes  in 
such  incorporated  city  or  town. 

County,  not  to  contribute  more  than  half  cost. 

§  2.  Said  public  building  shall  be  erected  on  such  terms  and  condi- 
tions as  shall  be  agreed  upon  by  said  board  of  supervisors  of  such  county 
and  said  city  council,  city  commissioner,  board  of  city  trustees  or  other 
legislative  body  of  such  incorporated  city  or  town  and  shall  be  owned 
and  used  jointly  by  such  county  and  such  incorporated  city  or  town  for 
county  and  municipal  purposes;  provided,  that  in  no  event  shall  the 
county  contribute,  or  become  liable  for  more  than  one-half  of  the  cost 
of  construction  and  maintenance  of  such  joint  public  building. 
See  Act  2821,  ante. 

ACT  2822a. 

An  act  to  provide  for  the  issuance  and  sale  of  state  bonds  to  create  a 
fund  for  the  construction,  erection,  equipment,  completion  and  fur- 
nishing of  a  state  building  or  buildings  upon  a  lot  of  land  in  the 
city  and  county  of  San  Francisco,  to  be  used  by  the  officers  and  de- 
partments of  the  state  which  are  located  in  said  city  and  county 
of  San  Francisco,  which  lot  of  land  has  been  secured  from  the  city 
and  county  of  San  Francisco  in  exchange  for  the  lot  heretofore  pur- 
chased by  the  state  for  said  purposes;  and  to  create  a  sinking  fund 
for  the  payment  of  said  bonds;  and  defining  the  duties  of  state 
officers  in  relation  thereto;  and  making  an  appropriation  of  one  thou- 
sand dollars  for  the  printing  and  sale  of  said  bonds;  and  providing 
for  the  submission  of  this  act  to  the  vote  of  the  people. 
[Approved  June  7,  1913.     Stats.  1913,  p.  920.] 

Bonds  for  state  building  in  San  Francisco.  Interest.  When  payable. 
Signed  by  governor. 
§  1.  For  the  purpose  of  providing  a  fund  for  the  payment  of  the 
indebtedness  authorized  to  be  incurred  by  the  comniission  for  the  con- 
struction, erection,  equipment,  completion  and  furnishing  of  a  state  build- 
ing or  buildings  in  the  city  and  county  of  San  Francisco  as  provided 
in  an  act  entitled  "An  act  to  provide  for  the  construction,  erection, 
equipment  and  furnishing  of  a  building  or  buildings  in  the  city  and 
county  of  San  Francisco  and  for  the  improvement  of  the  grounds  thereof 


Act2822a,§§  2, 3  general  laws.  1700 

for  the  use  and  occupancy  of  the  oflBcers  and  departments  of  the  state 
government  of  the  state  of  California  located  in  said  city  and  county  of 
San  Francisco,  and  repealing  other  acts  in  conflict  herewith,"  the  state 
treasurer  shall,  immediately  after  the  issuance  of  the  proclamation  of 
the  governor,  provided  for  in  section  10  hereof,  prepare  one  thousand 
suitable  bonds  of  the  state  of  California  in  the  denomination  of  one 
thousand  dollars  each,  to  be  numbered  from  1  to  1,000,  inclusive,  and  to 
bear  the  date  of  the  second  day  of  July,  1915;  the  whole  issue  of  said 
bonds  shall  not  exceed  the  sum  of  one  million  dollars  and  the  said  bonds 
shall  bear  interest  at  the  rate  of  four  per  cent  per  annum  from  the  time 
of  the  issuance  thereof,  and  both  principal  and  interest  shall  be  pa3'able 
in  gold  coin  of  the  present  standard  value  and  they  shall  be  payable  at 
the  office  of  the  state  treasurer  at  the  times  and  in  the  manner  follow- 
ing, to  wit:  The  first  twenty  of  said  bonds  shall  be  due  and  payable  on 
the  second  day  of  July,  1916,  and  twenty  of  said  bonds,  in  consecutive 
numerical  order,  shall  be  due  and  payable  on  the  second  day  of  July  in 
each  and  every  year  thereafter  until  and  including  the  second  day  o"f 
July,  1965.  The  interest  accruing  on  such  of  said  bonds  as  are  sold  shall 
be  due  and  payable  at  the  office  of  the  state  treasurer  on  the  second  day 
of  January  and  on  the  second  day  of  July  of  each  year  after  the  sale 
of  the  same;  provided,  that  the  first  payment  of  interest  shall  be  made 
on  the  second  day  of  January,  1916,  on  so  many  of  said  bonds  as  may 
have  been  theretofore  sold.  The  state  treasurer  shall,  on  the  second  day 
of  July,  A.  D.  1965,  call  in,  cancel  and  destroy  all  bonds  not  theretofore 
sold  and  issued  at  the  date  of  the  maturity  thereof.  All  bonds  issued 
shall  be  signed  by  the  governor  and  countersigned  by  the  state  controller 
and  shall  be  indorsed  by  the  state  treasurer  and  the  said  bonds  shall  be 
so  signed,  countersigned  and  indorsed  by  the  officers  who  are  in  office  on 
the  second  day  of  July,  1915,  and  each  shall  have  the  seal  of  the  state 
of  California  stamped  thereon.  The  said  bonds  so  signed,  countersigned, 
indorsed  and  sealed,  as  herein  provided  for,  when  sold,  shall  be  and  con 
stitute  a  valid  and  binding  obligation  upon  the  state  of  California, 
though  the  sale  thereof  be  made  at  a  date  or  dates  after  the  persons  so 
signing,  countersigning  or  indorsing,  or  any  of  them,  shall  cease  to  be  the 
incumbents  of  said  office  or  offices. 


t  coupons. 

Interest  coupons  shall  be  attached  to  each  of  said  bonds  so  that 
)upons  may  be  detached  without  injury  to  or  mutilation  of  the 
Said  coupons  shall  be  consecutively  numbered,  and  shall  be  signed 


Interest  coupons. 
§  2.     Ii 

such   cou} 

bond.       Saiu    eoupnus    sn^lIJ    ue    euusct-ULivcij     uumucicu,    auii    Buaii    uc    ai,i;inrii 

hy  the  state  treasurer.  But  no  interest  on  any  of  said  bonds  shall  be 
paid  for  any  time  which  may  intervene  between  the  date  of  any  of  said 
bonds,  and  the  issue  and  sale  thexeof  to  a  purchaser. 

Appropriation. 

§  3.  The  sum  of  one  thousand  dollars  is  hereby  appropriated  to  pay 
the  expenses  that  may  be  incurred  by  the  state  treasurer  in  the  print- 
ing and  sale  of  said  bonds.  Said  amount  shall  be  paid  out  of  the  gen- 
eral fund  on  the  state  controller's  warrants  duly  drawn  for  that  purpose. 


1701  PUBLIC  BUILDINGS.  Act  2822a,  §§  4, 5 

Sale  of  bonds.    Notice  of  sale.     "San  Francisco  state  building  fund." 

§  4.  When  the  bonds  authorized  to  be  issued  under  this  act  shall  be 
duly  executed,  they  shall  be  sold  by  the  state  treasurer  at  public  auction 
to  the  highest  bidder  for  cash,  in  such  parcels  and  numbers  as  said  state 
treasurer  shall  determine;  but  said  treasurer  must  reject  any  and  all 
bids  for  said  bonds  or  for  any  of  them,  which  shall  be  below  the  par 
value  of  said  bonds  so  offered  for  sale,  and  he  may  by  public  announce- 
ment at  the  place  and  time  fixed  for  the  sale,  for  good  and  sufificient 
cause,  continue  such  sale  as  to  the  whole  of  the  bonds  offered  or  any 
part  thereof  offered,  to  such  time  and  place  as  he  may  select,  not  ex- 
ceeding, however,  sixty  days.  Due  notice  of  the  time  and  place  of  sale 
of  all  bonds  must  be  given  by  said  treasurer  by  publication  in  two  news- 
papers published  in  the  city  and  county  of  San  Francisco,  and  also  by 
publication  in  one  newspaper  published  in  the  city  of  Oakland,  and  by 
publication  in  one  newspaper  published  in  the  city  of  Los  Angeles,  and 
by  publication  in  one  newspaper  published  in  the  city  of  Sacramento, 
once  a  week  during  four  weeks  prior  to  such  sale.  The  cost  of  such 
publication  shall  be  paid  out  of  the  general  fund  of  the  state  on  con- 
troller's warrants  duly  drawn  for  that  purpose.  The  proceeds  of  the  sale 
of  such  bonds  shall  be  forthwith  paid  over  by  said  treasurer  into  the 
treasury  and  must  be  by  him  kept  in  a  separate  fund  to  be  known  and 
designated  as  the  "San  Francisco  state  building  fund"  and  must  be  used 
exclusively  for  the  construction,  erection,  equipment,  completion  and 
furnishing  of  a  state  building  or  buildings  in  the  city  and  county  of  San 
Francisco.  Drafts  and  warrants  upon  said  fund  shall  be  drawn  upon 
and  shall  be  paid  out  of  said  fund  in  the  same  manner  as  drafts  and 
warrants  are  drawn  and  paid  for  other  state  work  under  the  control  of 
the  said  department  of  engineering. 

Sinking  fund.     Revenue  for  purpose. 

§  5.  For  the  payment  of  the  principal  and  interest  of  said  bonds  a 
sinking  fund,  to  be  known  and  designated  as  the  "San  Francisco  state 
building  sinking  fund"  shall  be  and  the  same  is  hereby  created  as  fol- 
lows: The  state  treasurer  shall,  on  the  second  day  of  January  and  on  the 
second  day  of  July,  commencing  on  the  second  day  of  January,  1916,  and 
thereafter  on  the  second  day  of  July  and  the  second  day  of  January 
of  each  and  every  year  thereafter  in  which  a  portion  of  the  bonds  sold 
pursuant  to  the  provisions  of  this  act  shall  become  due,  transfer  from 
the  general  fund  of  the  state  treasury  to  the  said  "San  Francisco  state 
building  sinking  fund"  such  an  amount  of  the  moneys  appropriated  by  thia 
act  as  may  be  required  to  pay  the  principal  and  interest  of  the  bonds  so 
becoming  due  and  payable  in  such  years.  There  is  hereby  appropriated 
from  the  general  fund  in  the  state  treasury  such  sum  annually  as  will 
be  necessary  to  pay  the  principal  of  and  the  interest  on  the  bonds,  issued 
and  sold  pursuant  to  the  provision  of  this  act,  as  said  principal  and  in- 
terest becomes  due  and  payable.  There  shall  be  collected  annually  in 
the  same  manner  and  at  the  same  time  as  other  state  revenue  is  collected 
such  a  sum,  in  addition  to  the  ordinary  revenues  of  the  state  as  shall  be 


Act  2822a,  §§  6-9  general  laws.  1702 

required  to  pay  the  principal  and  interest  on  said  bonds  as  herein  pro- 
vided, and  it  is  hereby  made  the  duty  of  all  officers  charged  by  law  with 
any  duty  in  regard  to  the  collection  of  said  revenue,  to  do  and  perform 
each  and  every  act  which  shall  be  necessary  to  collect  such  additional 
sum. 

Payment  of  principal  and  interest. 

§  6.  The  principal  on  all  of  said  bonds  sold  shall  be  paid  at  the  time 
the  same  becomes  due  from  the  said  San  Francisco  state  building  sinking 
fund  and  the  interest  on  all  bonds  sold  shall  be  paid  at  the  time  said 
interest  becomes  due  from  said  sinking  fund.  Both  principal  and  inter- 
est shall  be  so  paid  upon  warrants  duly  drawn  by  the  controller  of  the 
state  upon  demands  audited  by  the  state  board  of  control  and  the  faith 
of  the  state  of  California  is  hereby  pledged  for  the  payment  of  the  prin- 
cipal of  said  bonds  so  sold  and  the  interest  accruing  thereon. 

Records  and  reports. 

§  7.  The  state  controller  and  the  state  treasurer  shall  keep  full  and 
particular  account  and  record  of  all  of  their  proceedings  under  this  act, 
and  they  shall  transmit  to  the  governor  an  abstract  of  all  such  proceed- 
ings thereunder,  with  an  annual  report  to  be  by  the  governor  laid  before 
the  legislature  bienially;  and  all  books  and  papers  pertaining  to  the 
matter  provided  for  in  this  act  shall  at  all  times  be  open  to  the  inspec- 
tion of  anj'-  party  interested,  or  the  governor,  or  the  attorney  general, 
or  a  committee  of  either  branch  of  the  legislature,  or  a  joint  committee 
of  both,  or  any  citizen  of  the  state. 

In  effect. 

§  8.  This  act,  if  adopted  by  the  people,  shall  take  effect  on  the  first 
day  of  December,  1914,  as  to  all  its  provisions,  excepting  those  relating 
to  and  necessary  for  its  submission  to  the  people  and  for  the  returning, 
canvassing  and  proclaiming  the  votes,  and  as  to  the  said  excepted  provi- 
sions, this  act  shall  take  effect  ninety  days  after  the  final  adjournment 
of  this  session  of  the  legislature. 

Act  submitted  to  people. 

§  9.  This  act  shall  be  submitted  to  the  people  of  the  state  of  Cali- 
fornia for  their  ratification  at  the  next  general  election  to  be  holden  in 
the  month  of  November,  A.  D.  1914,  and  all  ballots  at  said  election  shall 
have  printed  Uiereon  the  words  "For  the  San  Francisco  state  building 
act"  and  in  the  same  square,  under  said  words,  the  following  in  brevier 
type:  "This  act  provides  for  the  issuance  and  sale  of  state  bonds  to 
create  a  fund  for  the  construction,  erection,  equipment,  completion  and 
furnishing  of  a  state  building  or  buildings  upon  a  lot  of  land  in  the  city 
and  county  of  San  Francisco,  to  be  used  by  the  officers  and  departments 
of  the  state  which  are  located  in  said  city  and  county  of  San  Francisco." 
In  the  square  immediately  below  the  square  containing  said  words  there 
shall  be  printed  on  said  ballot  the  words  "Against  the  San  Francisco 
state  building  act"  and  immediately  below  said  words  "Against  the  San 


1703  PUBLIC  BUILDINGS.  Act  2S22b 

Francisco  state  building  act,"  in  brevier  type,  shall  be  printed  "This 
act  provides  for  the  issuance  and  sale  of  state  bonds  to  create  a  fund 
for  the  construction,  erection,  equipment,  completion  and  furnishing  of 
a  state  building  or  buildings  upon  a  lot  of  land  in  the  city  and  county 
of  San  Francisco,  to  be  used  by  the  officers  and  departments  of  the  state 
which  are  located  in  said  city  and  county  of  San  Francisco."  Opposite 
the  words  "For  the  San  Francisco  state  building  act"  and  "Against  the 
San  Francisco  state  building  act"  there  shall  be  left  spaces  in  which  the 
voters  may  stamp  a  cross  indicating  whether  they  vote  for  or  against 
said  act,  and  those  voting  for  said  act  shall  do  so  by  placing  a  cross 
opposite  the  words  "For  the  San  Francisco  state  building  act,"  and  those 
voting  against  said  act  shall  do  so  by  placing  a  cross  opposite  the  words 
"Against  the  San  Francisco  state  building  act."  The  governor  of  this 
state  shall  include  the  submission  of  this  act  to  the  people,  as  aforesaid, 
in  his  proclamation  calling  for  said  general  election. 

Canvass  of  vote. 

§  10.  The  vote  cast  for  or  against  this  act  shall  be  counted,  returned 
and  canvassed  and  declared  in  the  same  manner  and  subject  to  the  same 
rules  as  votes  cast  for  state  officers;  and  if  it  appear  that  said  act  shall 
have  received  a  majority  of  all  the  votes  cast  for  and  against  it  at  said 
election,  as  aforesaid,  then  the  same  shall  have  effect  as  hereinabove 
provided,  and  shall  be  irrepealable  until  the  principal  and  interest  of 
the  liabilities  herein  created  shall  be  paid  and  discharged,  and  the  gov- 
ernor shall  make  proclamation  thereof;  but  if  a  majority  of  the  votes 
cast,  as  aforesaid,  are  against  this  act,  then  the  same  shall  be  and  be- 
come void. 

Notice  preceding  election. 

§  11.  It  shall  be  the  duty  of  the  secretary  of  state  to  have  this  act 
published  in  at  least  one  newspaper  in  each  county,  or  city  and  count}', 
if  one  be  published  therein,  throughout  this  state,  for  three  months  next 
preceding  the  general  election  to  be  holden  in  the  month  of  November, 
A.  D.  nineteen  hundred  and  fourteen;  the  costs  of  publication  shall  be 
paid  out  of  the  general  fund,  on  controller's  warrants,  duly  drawn  for 
that  purpose. 

Title  of  act. 

§  12.  This  act  shall  be  known  and  cited  as  the  "San  Francisco  state 
building  act." 

§  13.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this 
act  are  hereby  repealed. 

ACT  2822b. 

An  act  to  provide  for  the  construction,  erection,  equipment  and  furnish- 
ing of  a  building  or  buildings  in  the  city  and  county  of  San  Fran- 
cisco  and  for  the  improvement  of  the  grounds   thereof  fbr  the  us© 


Act  2822b,  §§  1-4  general  laws.  1704 

and  occupancy  of  the  officers  and  departments  of  the  state  govern- 
ment of  the  state  of  California  located  in  said   city  and  county  of 
San  Francisco,  and  repealing  other  acts  in  conflict  herewith. 
[Approved    June    7,    1913.     Stats.    1913,    p.    924.     In    effect    December 

1,  1913.] 

Engineering  department  authorized  to  construct  state  building  in  San 
Francisco. 
§  1.  The  department  of  engineering  of  the  state  of  California  is 
hereby  authorized  and  directed  to  construct,  erect,  equip  and  furnish  the 
necessary  building  or  buildings  upon  a  lot  of  land  situated  in  the  city 
and  county  of  San  Francisco  for  the  use  and  occupancy  of  the  officers 
and  departments  of  the  state  government  located  in  said  city  and  county, 
out  of  the  proceeds  of  the  sale  of  bonds  to  be  authorized  by  the  vote 
of  people  in  accordance  with  that  certain  act  entitled  "An  act  to  pro- 
vide for  the  issuance  and  sale  of  state  bonds  to  create  a  fund  for  the 
construction,  erection,  equipment,  completion  and  furnishing  of  a  state 
building  or  buildings  upon  a  lot  of  land  in  the  city  and  county  of  San 
Francisco,  to  be  used  b}'  the  officers  and  departments  of  the  state  which 
are  located  in  said  city  and  county  of  San  Francisco,  which  lot  of  land 
has  been  secured  from  the  city  and  county  of  San  Francisco  in  exchange 
for  the  lot  heretofore  purchased  by  the  state  for  said  purposes;  and  to 
create  a  sinking  fund  for  the  payment  of  said  bonds;  and  defining  the 
duties  of  state  officers  in  relation  thereto;  and  making  an  appropriation 
of  one  thousand  dollars  for  the  printing  and  sale  of  said  bonds;  and  pro- 
viding for  the  submission  of  this  act  to  the  vote  of  the  people." 

Plans. 

§  2.  The  plans  for  the  construction  of  such  building  or  buildings  shall 
be  prepared  by  said  department  of  engineering,  and  before  any  work  of 
construction  is  commenced  thereon,  shall  be  submitted  to  and  approved 
by  a  special  commission  consisting  of  the  governor,  the  attorney  general 
and  the  chief  justice  of  the  supreme  court,  which  said  commission  is 
hereby  created  for  such  purpose. 

Supervision  of  building. 

§  3.  The  superintendent  of  capitol  building  and  grounds  is  authorized 
and  directed  to  assume  entire  supervision  over  the  said  building  or  build- 
ings when  the  same  are  finally  completed  to  the  satisfaction  of  said 
commission  and  ready  for  occupancy,  and  for  that  purpose  may  employ 
such  assistants,  clerks  and  employees  as  may  be  necessary,  the  number 
thereof  and  the  compensation  to  be  paid  to  each  to  be  subject  to  the 
approval  of  the  state  board  of  control. 

In  effect. 

§  4.  This  act  shall  take  effect  iipon  the  first  day  of  December,  1914, 
if  the  act  mentioned  in  section  1  hereof  is  approved  by  the  vote  of  the 
people,  and  in  such  event  the  act  of  June  12,  1906,  entitled  "An  act  to 


1705  PUBLIC  BUILDINGS.  Act  2822c,  §§  1, 2 

provide  for  the  selection,  location,  acquisition  and  purchase  of  a  site  or 
sites,  in  the  city  and  county  of  San  Francisco,  state  of  California,  for 
the  erection,  equipment  and  furnishing  of  a  building  or  buildings,  and 
for  the  improvement  of  the  grounds  thereof,  for  the  use  and  occupancy 
of  the  officers  and  departments  of  the  state  government  of  the  state  of 
California  maintaining  headquarters  in  said  city  of  San  Francisco,  and 
making  an  appropriation  therefor,"  shall  then  be  repealed  and  be  of  no 
further  effect. 

ACT  2822c. 

An  act  authorizing  and  empowering  any  city  and  county,  or  county,  or 
city  operating  under  freeholders'  charter  or  otherwise,  or  any  town, 
or  any  municipal  corporation,  in  the  state  of  California  to  donate 
and  grant  to  the  state  of  California  any  real  property  owned  by  it, 
or  which  it  may  hereafter  acquire,  within  its  corporate  limits,  for  a 
site  upon  which  the  state  of  California  may  erect  public  buildings 
or  maintain  grounds  in  connection  therewith;  and  also  authorizing 
and  empowering  any  of  the  same  to  use  such  part  of  its  funds  as 
deemed  necessary  toward  the  acquisition  of  such  a  site,  also  author- 
izing the  incurring  of  indebtedness  for  any  of  the  purposes  aforesaid, 
and  validating,  legalizing  and  ratifying  any  bonded  indebtedness 
which  may  be  incurred  in  furtherance  of  any  such  purpose,  and  all 
of  the  proceedings  leading  up  to  the  issuance  and  the  proposed  issu- 
ance   of    bonds    for    any    such    purjjose. 

[Approved  June  5,  1913.     Stats.  1913,  p.  388.] 

City,  etc.,  may  grant  site  for  state  building. 

§  1.  Any  city  and  county,  or  county,  or  city  operating  under  free- 
holders' charter  or  otherwise,  or  any  town,  or  any  municipal  corporation, 
in  the  state  of  California,  is  hereby  authorized  and  empowered  to  donate 
and  grant  to  the  state  of  California  any  real  property  owned  by  it  or 
which  it  may  hereafter  acquire  within  its  corporate  limits  for  a  site 
upon  which  the  state  of  California  may  erect  public  buildings  or  main- 
tain grounds  in  connection  therewith. 

May  use  funds  to  acquire  site.  May  incur  indebtedness.  Bonds  vali- 
dated. Bonds  not  to  be  sold  at  less  than  par. 
§  2.  Any  city  and  county,  or  county,  or  city,  operating  under  free- 
holders' charter  or  otherwise^  or  any  town,  or  any  municipal  corporation, 
in  the  state  of  California,  is  hereby  authorized  and  empowered  to  donate 
and  grant  to  the  state  of  California  any  real  property  owned  by  it  or 
■which  it  mav  hereafter  acquire  within  its  corporate  limits  for  a  site  upon 
which  the  state  of  California  may  erect  public  buildings  or  maintain 
grounds  in  connection  therewith  and  is  hereby  authorized  and  empowered 
to  use  such  part  of  its  fund  as  deemed  necessary  toward  the  acquisition 
of  a  site  within  its  corporate  limits,  upon  which  the  state  of  California 
may  erect  public  buildings  or  maintain  grounds  in  connection  therewith. 


Act  2827,  §  1  GENERAL   LAWS.  1706 

Any  city  and  county,  or  county  or  city  operating  tinder  freeholders' 
charter,  or  otherwise,  or  any  town  or  municipal  corporation  in  the  state 
of  California,  is  hereby  authorized  and  empowered  to  incur  indebtedness 
for  any  of  the  purposes  mentioned  in  this  act.  Where  an  election  has 
been  held  in  accordance  with  the  laws  of  the  state  in  any  such  city  and 
county,  or  county  or  city  operating  under  freeholders'  charter,  or  other- 
wise, or  any  town  or  any  municipal  corporation  in  the  state  of  California, 
and  the  necessary  two-thirds  of  all  the  qualified  electors  voting  thereat 
shall  have  voted  in  favor  of  incurring  an  indebtedness  for  any  of  the 
purposes  specified  in  this  act,  all  the  proceedings  leading  up  to  the  is- 
suance and  the  proposed  issuance  of  bonds  for  any  such  purpose  are 
hereby  legalized,  ratified  and  declared  valid  to  all  intents  and  purposes, 
and  the  power  to  issue  such  bonds  is  hereby  confirmed,  and  all  bonds 
that  may  be  sold,  in  accordance  with  the  provisions  of  law  for  not  less 
than  their  par  value,  are  hereby  declared  to  be  legal  and  valid  obligations 
of  and  against  the  city  and  county,  or  county,  or  city  operating  under 
freeholders'  charter,  or  otherwise,  or  any  town  or  any  municipal  cor- 
poration in  the  state  of  California  so  issuing  them,  and  the  faith  and 
credit  of  such  city  and  county,  or  county  or  city  operating  under  free- 
holders' charter,  or  otherwise,  or  any  town  or  any  municipal  corporation 
in  the  state  of  California,  is  hereby  pledged  for  the  prompt  payment  and 
redemption  of  the  principal  and  interest  of  such  bonds,  in  accordance 
with  the  provisions  thereof;  provided,  that  this  act  shall  not  operate 
to  legalize  any  bonds  which  have  been  sold  for  less  than  their  par  value, 
or  any  bonds  which  have  not,  at  the  time  this  act  shall  take  effect,  been 
authorized  by  not  less  than  two-thirds  of  the  qualified  electors  of  such 
cit}'  and  county,  or  county  or  city  operating  under  freeholders'  charter, 
or  otherwise,  or  any  town  or  any  municipal  corporation  in  the  state  of 
California  voting  at  such  election. 

§  3.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this 
act  are  hereby  repealed. 

TITLE   400. 

PUBLIC  HEALTH. 
ACT  2827. 

An  act  to  provide  for  the  reporting  of  occupational  diseases. 
[Approved  April  21,  1911.     Stats.  1911,  p.  953.] 

Eeporting  of  occupational  diseases. 

§  1.  Every  medical  practitioner  attending  on  or  called  in  to  visit  a 
patient  whom  he  believes  to  be  suffering  from  lead,  phosphorus,  arsenic 
or  mercury  or  their  compounds,  or  from  anthrax,  or  from  compressed-air 
illness,  contracted  as  a  result  of  the  nature  of  the  patient's  employment, 
shall  send  to  the  state  board  of  health  a  notice  stating  the  name  and  full 
postal  address  and  place  of  employment  of  the  patient  and  the  disease 
from  which,  in  the  opinion  of  the  medical  practitioner,  the  patient  is 
suffer fng,  and  shall  be  entitled  in  respect  to  every  bona  fide  notice  sent 


1707  PUBLIC  HEALTH.  Act  2830,  §  2 

in  pursuance  of  this  section  of  a  fee  of  fifty  cents,  to  Tbe  paid  as  part  of 
the  expense  incurred  by  the  state  board  of  health  in  the  execution  of 

this  act. 

Penalty  for  neglect. 

§  2.  If  any  medical  practitioner,  when  required  by  this  act  to  send 
a  notice,  willfully  fails  forthwith  to  send  the  same,  as  provided  by  this 
act,  he  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  of  the  same 
shall  be  fined  not  more  than  ten  dollars. 

Enforcement. 

§  3.  It  shall  be  the  duty  of  the  state  board  of  health  to  enforce  the 
provisions  of  this  act,  and  it  may  call  upon  local  boards  of  health  and 
health  officers  for  assistance  and  it  shall  be  the  duty  of  all  boards  and 
officers  so  called  upon  for  such  assistance  to  render  the  same.  It  shall 
furthermore  be  the  duty  of  said  state  board  of  health  to  transmit  such 
data  to  the  commissioner  of  the  bureau  of  labor  statistics. 

ACT  2830. 

An  act  for  the  preservation  of  the  public  health  of  the  people  of  the 
state  of  California,  and  empowering  the  state  board  of  health  to 
enforce  its  provisions,  and  providing  penalties  for  the  violation 
thereof. 

[Approved  March  23,  1907.     Stats.  1907,  p.  893.] 
Amended   1911,  p.   565,   and   1913,  p.   796. 

The  amendments  of  1911  and  1913  follow: 

Unlawful  to  discharge  sewage  in  streams.  Cesspools,  etc.  Camps,  etc. 
House-boat  within  two  miles  above  intake. 

§  2.  It  shall  be  unlawful  to  discharge  or  deposit,  or  cause  or  suffer  to 
be  discharged  or  deposited,  any  sewage,  garbage,  feculent  matter,  offal, 
refuse,  filth,  or  any  animal,  mineral,  or  vegetable  matter  or  substance,  of- 
fensive, injurious,  or  dangerous  to  health,  in  any  springs,  streams,  rivers, 
lakes,  tributaries  thereof,  wells  or  other  waters  used  or  intended  to  bo 
used  for  human  or  animal  consumption  or  for  domestic  purposes;  or  to 
discharge  or  deposit,  or  cause  or  suffer  to  be  discharged  or  deposited,  any 
such  offensive,  injurious  or  dangerous  matter  or  substance  upon  the  land 
or  place  adjoining  such  waters  so  as  to  cause  or  suffer  such  matter  or 
substance  to  flew  or  be  emptied  or  drained  into  such  waters. 

It  shall  also  be  unlawful  to  erect,  construct,  excavate,  or  maintain,  or 
cause  to  be  erected,  constructed,  excavated,  or  maintained,  any  privy, 
vault,  cesspool,  sewer  pipes  or  conduits,  or  other  pipes  or  conduits,  for 
the  discharge  of  impure  waters,  gas,  vapors,  oils,  acids,  tar,  or  other 
matter  or  substance  offensive,  injurious,  or  dangerous  to  health,  whereby 
any  part  of  such  matter  or  substance  sliall  empty,  flow,  seep,  drain,  con- 
dense or  otherwise  pollute  or  affect  any  of  such  waters  so  intended  for 
human  or  animal  consumption  or  for   domestic  purposes;   or  to   erect   or 


Act  2830,  §  3  GENERAL   LAWS.  1708 

maintain  any  permanent  or  temporary  house,  camp,  or  tent,  so  near  to 
such  springs,  streams,  rivers,  lakes,  tributaries,  or  other  sources  of  water 
supply,  as  to  cause  or  suffer  the  drainage,  seepage,  or  flow  of  impure 
waters,  or  any  other  liquids,  or  the  discharge  or  deposit  therefrom,  of 
any  animal,  mineral,  or  vegetable  matter,  to  corrupt  or  pollute  such 
waters. 

It  shall  also  be  unlawful  for  the  owner,  tenant,  lessee  or  occupant  of 
any  boat-house  or  boat  intended  for  or  capable  of  being  used  as  a  resi- 
dence, house,  dwelling  or  habitation,  or  for  the  agent  of  such  owner, 
tenant,  lessee  or  occupant  to  moor  or  anchor  the  same  or  permit  the  same 
to  be  moored  or  anchored  in  or  on  any  river  or  stream,  the  waters  of 
which  are  used  for  drinking  or  domestic  purposes  by  any  city,  town  or 
village  within  a  distance  of  two  miles  above  the  intake  or  place  where 
such  city,  town  or  village  water  system  takes  water  from  such  river  or 
stream;  provided,  however,  that  in  the  transportation  of  any  such  house- 
boat on  any  such  river  or  stream  nothing  herein  contained  shall  prevent 
the  owner,  agent,  tenant  or  occupant  of  such  house-boat  from  mooring 
or  anchoring  the  same  when  necessary  within  the  limits  herein  fixed  and 
established;  provided,  such  house-boat  shall  not  remain  moored  or  an- 
chored within  such  limits  for  a  longer  period  than  one  day.  [Amendment 
approved  April  1,  1911;  Stats.  1911,  p.  565.] 

Cities  desiring  to  discharge  sewage  into  streams.    Proceedings  required. 

§  3.  Whenever  any  county,  city  and  county,  eity,  town,  village, 
district,  community,  institution,  person,  firm  or  corporation,  shall  desire 
to  deposit  or  discharge,  or  to  continue  to  deposit  or  discharge  into  any 
stream,  river,  lake  or  tributary  thereof,  or  into  any  other  waters  used  or 
intended  to  be  used  for  human  or  animal  consumption  or  for  domestic 
purposes,  or  into  or  upon  any  place  the  surface  or  subterranean  drain- 
age from  which  may  run  or  percolate  into  any  such  stream,  river,  lake 
tributary  or  other  waters,  any  sewage,  sewage  effluent,  or  other  substance 
by  the  terms  of  section  2  of  this  act  forbidden  so  to  be  deposited  or  dis- 
charged, or  whenever  any  such  county,  city  and  county,  city,  town,  village, 
district,  community,  institution,  person,  firm  or  corporation  shall  desire  to 
deposit  or  discharge,  or  continue  to  deposit  or  discharge  any  sewage, 
sewage  effluent,  trade  wastes  or  any  other  animal,  mineral  or  vegetable 
matter  or  substance,  offensive,  injurious  or  dangerous  to  health  in  any 
of  the  salt  waters  within  the  jurisdiction  of  this  state,  which  is  or  shall 
be  a  menace  to  public  health,  he  or  it  shall  file  with  the  state  board 
of  health  a  petition  for  permission  so  to  do,  together  with  a  complete 
and  detailed  plan,  description  and  history  of  the  existing  or  proposed 
works  or  system,  and  purification  plant,  showing  geographical  location 
with  relation  to  such  stream,  river,  lake,  tributary  or  other  waters,  and 
a  physical  and  bacteriological  analysis  of  the  substance  or  substances  so 
to  be  deposited  or  discharged.  Thereupon,  a  thorough  investigation  of 
the  proposed  or  existing  works,  system  and  plant,  and  all  circumstances 
and   conditions  by  it   deemed  to  be  material,   shall  be  made   under  the 


1709  PUBLIC  HEALTH.  Act  2830,  §  3 

direction  of  the  state  board  of  health.  As  a  part  of  such  investigation, 
and  after  ten  days'  notice  by  mail  to  the  petitioner,  a  hearing  or  hear- 
ings may  be  had  before  said  board  or  an  examiner  appointed  by  it  for 
the  purpose.  At  such  hearing  or  hearings  witnesses  who  testify  shall 
be  sworn  by  the  person  conducting  the  hearing,  and  evidence,  oral  and 
documentary,  may  be  received,  a  record  of  which  shall  be  made  and  filed 
with  said  board.  All  of  the  expenses  of  such  investigation,  including 
hearings,  excepting  the  compensation  of  state  officers  participating 
therein,  shall  be  borne,  and  paid  as  they  accrue,  by  the  petitioner.  Upon 
the  completion  of  such  investigation,  said  board — 

(a)  If  it  shall  determine  as  a  fact  that  the  substance  being  or  to  be 
discliarged  or  deposited  is  such  that  under  all  the  circumstances  and 
conditions  it  will  so  contaminate  or  pollute  such  stream,  river,  lake, 
tributary  or  other  waters,  as  to  endanger  the  lives  or  health  of  human 
beings  or  animals,  or  does  or  will  constitute  a  menace  to  public  health, 
or  that  under  all  the  circumstances  and  conditions  it  is  not  necessary 
so  to  dispose  of  such  substance,  shall  deny  the  prayer  of  such  petition; 
provided,  however,  that  in  ease  such  petition  shall  be  for  permission  to 
continue  to  discharge  sewage,  sewage  effluent,  storm  water,  or  other  mat- 
ter mentioned  in  this  section  from  a  sewer,  storm  water  or  other  system 
permanently  constructed,  established  and  operating,  prior  to  the  passage 
of  this  act,  said  board  may  grant  to  petitioner  a  temporary  and  revocable 
permit,  authorizing  the  continuance  of  such  discharge,  under  such  re- 
strictions as  in  said  permit  may  be  specified,  to  enable  petitioner  to  ap- 
point a  commission  to  investigate  and  report  on  the  best  method  of  dis- 
posal of  sewage  or  other  matter  mentioned  in  this  section,  and  petitioner 
to  construct  and  put  into  operation  a  new  or  altered  system  discharging 
elsewhere,  or  so  to  alter,  add  to,  repair  or  modify  the  operation  of  the 
existing  system  that  the  substance  discharged  or  deposited  shall  not  be 
such  as  to  cause  a  contamination  or  pollution  that  will  endanger  the  lives 
or  health  of  human  beings  or  animals,  or  constitute  a  menace  to  public 
health. 

(b)  If  it  shall  determine  as  a  fact,  that  the  substance  being  or  to  be 
discharged  or  deposited,  is  not  such  that  under  all  the  circumstances 
and  conditions  it  will  so  contaminate  or  pollute  such  stream,  river,  lake, 
tributary  or  other  waters,  as  to  endanger  the  lives  or  health  of  human 
beings  or  animals,  or  constitute  a  menace  to  public  health,  and  that 
under  all  the  circumstances  and  conditions  it  is  necessary  so  to  dispose 
of  such  substance,  shall  grant  to  petitioner  a  permit  authorizing  petitioner 
so  to  deposit  or  discharge  or  to  continue  to  deposit  or  discharge  such 
substance;  provided,  however,  that  such  permit  shall  not  be  construed  to 
permit  any  act  forbidden  by  any  provision  of  the  laws  of  this  state  rel- 
ative to  the  preservation  or  propagation  of  fish  or  game,  or  relative  to 
the  deposit  of  debris  into  the  streams  of  the  state,  or  relative  to  the 
obstruction  of  navigation;  and  provided,  further,  that  all  jxTiiiits  issued 
hereunder  shall  be  revocable  by  said  board  at  any  time  or  subject  to  sus- 
pension if  said  board  shall  determine,  as  a  fact,  that  the  sub.staiue  dis- 


Act  2830,  §  13  GENERAL  LAWS.  1710 

charged  or  deposited  by  virtue  thereof  causes  a  contamination  or  pollution 
that  endangers  the  lives  or  health  of  human  beings  or  animals,  or  con- 
stitutes a  menace  to  public  health.  The  state  board  of  health  and  its 
inspectors  shall  at  any  and  all  times  have  full  power  and  authority  to, 
and  shall  be  permitted  to,  enter  into  and  upon  any  and  all  places,  inclo- 
sures  and  structures  for  the  purpose  of  making,  and  therein  or  thereon 
to  make,  examinations  and  investigations  to  determine  whether  any 
provision  of  this  act  is  being  violated.  Whenever  any  petitioner  shall 
be  granted  any  permit  by  said  board  and  under  the  provisions  of  this  act, 
such  petitioner  shall  furnish  to  said  board  upon  demand,  a  complete 
report  upon  the  condition  and  operation  of  the  system,  plant,  or  works, 
which  report  shall  be  made  by  some  competent  person  designated  for 
the  purpose  by  said  board,  and  at  the  sole  cost  and  expense  of  the  holder 
of  the  permit. 

Any  county,  city  and  county,  city,  town,  village,  district,  community, 
institution,  person,  firm  or  corporation,  who  shall  deposit,  discharge  or 
continue  to  deposit  or  discharge,  into  any  stream,  river,  lake,  or  tributary 
thereof,  or  into  any  other  waters,  used  or  intended  to  be  used  for  human 
or  animal  consumption  or  for  domestic  purposes,  or  into  or  upon  any 
place  the  surface  or  subterranean  drainage  from  which  may  run  or  per- 
colate into  any  such  stream,  river,  lake,  tributary  or  other  waters,  or  into 
any  of  the  salt  waters  within  the  jurisdiction  of  this  state,  any  sewage, 
sewage  effluent  or  other  substance  by  the  terms  of  section  2  of  this  act  for- 
bidden so  to  be  deposited  or  discharged,  without  having  an  unrevoked  per- 
mit so  to  do,  as  in  this  act  provided,  may  be  enjoined  from  so  doing  by  any 
court  of  competent  jurisdiction  at  the  suit  of  any  person  or  municipal 
corporation  whose  supply  of  water  for  human  or  animal  consumption  or 
for  domestic  pui-poses  is  taken  from  such  stream,  river,  or  other  running 
water  at  a  point  below  the  place  of  such  discharge  or  deposit,  or  from 
such  lake,  or  at  the  suit  of  the  state  of  California,  or  at  the  suit  of  any 
municipality,  community,  county,  or  city  and  county,  any  of  the  resi- 
dents of  which  shall  take  water  from  such  stream,  river  or  other  running 
water  at  a  point  below  the  place  of  such  discharge  or  deposit,  or  from 
such  lake  or  reservoir,  or  whose  health  shall  be  menaced  by  such  dis- 
charge, or  at  the  suit  of  the  state  board  of  health. 

Anything  done,  maintained,  or  suffered,  in  violation  of  any  of  the  pro- 
visions of  section  2  or  section  3  of  this  act  shall  be  deemed  to  be  a  public 
nuisance    dangerous   to    health   and   mav  be   summarilv   abated   as   such. 
[Amendment  approved  June  13,  1913;  Stats.  1913,  p.  796.] 
Also   amended  April   1,    1911    (Stats.    1911,   p.   566). 

Rules  in  cases  of  quarantine. 

§  13.  The  following  rules  and  requirements  shall  be  strictly  observed 
in  all  cases  of  quarantine  subject,  however,  to  such  changes  and  modifi- 
cations as  the  state  board  of  health,  or  its  secretary  may  otherwise  re- 
quire and  direct. 


1711  PUBLIC  HEALTH.  Act  2830,  §  13 

Eule  '1.  Every  county,  city  and  county,  city,  or  town  board  of  health, 
or  chief  executive  health  officer  thereof,  upon  receiving  information  of 
the  existence  of  such  diseases  within  its  or  his  jurisdiction,  must  imme- 
diately quarantine  each  and  every  case  of  Asiatic  cholera,  yellow  fever, 
typhus  fever,  plague,  smallpox,  scarlet  fever,  diphtheria,  (and  such  other 
contagious  or  infectious  diseases),  as  may  from  time  to  time  be  declared 
cjuarantinable,  and  in  addition  to  their  local  rules  and  regulations  shall 
follow  all  general  and  special  rules,  regulations,  and  orders  of  the  state 
board  of  health,  or  its  secretary. 

Said  health  boards  or  officers  must,  within  twenty-four  hours  after 
quarantine,  report  fully,  in  writing,  to  the  secretary  of  the  state  board 
of  health,  all  of  such  cases  quarantined;  provided,  however,  that  said 
health  officers  shall  immediately  report  by  telegraph  to  said  secretary 
of  the  state  board  of  health  every  case  discovered  or  known  of  plague, 
Asiatic  cholera,  yellow  fever  or  typhus  fever,  and  after  investigation  and 
within  twenty-four  hours  shall  report  the  cause,  source  and  extent  of 
contagion  and  infection,  and  all  acts  done  and  measures  adopted  in  each 
case,  and  shall  make  such  further  reports  as  the  secretary  of  the  state 
board  of  health  may  require. 

Rule  2.  In  addition  to  the  list  of  quarantinable  diseases  given  in  rule 
1  of  this  section  the  following  is  a  partial  list  of  contagious,  infectious 
and  communicable  diseases,  all  of  which,  though  not  required  to  be 
quarantined,  must  be  promptly  reported  in  writing  to  the  state  board 
of  health,  or  its  secretary,  by  the  said  local  health  boards  or  chief  execu- 
tive health  officer,  viz.:  chicken-pox,  erysipelas,  pneumonia,  uncinariasis 
or  hookworm,  epidemic  cerebro-spinal  meningitis,  trachoma,  whooping- 
cough,  mumps,  dengue,  dysentery,  tuberculosis,  typhoid  fever,  tetanus, 
malaria,  leprosy,  measles,  German  measles,  glanders  and  anthrax  affecting 
human  beings,  rabies,  pellagra,  beri-beri,  sjqjhiMs,  gonococcus  infection, 
and  poliomyelitis,  and  any  disease  which  appears  to  have  become  epi- 
demic. The  diseases  last  above  enumerated,  and  such  others  as  from 
time  to  time  may  be  added  thereto  by  the  state  board  of  health  or  its 
secretary,  shall  be  quarantined  whenever  in  the  opinion  of  the  state 
board  of  health  or  its  secretary  such  action  is  necessary  to  protect  the 
public  health,  and  shall  be  isolated  whenever  in  the  opinion  of  the 
state  board  of  health,  its  secretary,  or  the  local  board  of  health  or 
health  officer,  isolation  is  necessary  to  protect  the  public  health.  This 
list  can  be  changed  at  any  time  by  the  state  board  of  health  or  its 
secretary. 

Rule  3.  When  any  building,  house,  structure,  or  part  thereof,  or  tent 
or  other  place,  is  quarantined  because  of  a  contagious,  infectious  or 
communicable  disease,  said  local  health  boards  or  chief  executive  health 
officer  shall  cause  to  be  firmly  fastened,  in  the  most  conspicuous  plaeo 
upon  such  house,  building,  tent,  or  other  place,  a  i>]acard  or  flag  upon 
which  is  printed  the  name  of  the  disease,  in  plain  and  legible  letters  of 
at  least  two  and  one-half  inches  in  length.     This  placard  or  flag  must  not 


Act  2830,  §  13  GENERAL   LAWS.  1712 

be  removed  by  any  person  except  the  health  officer  or  his  deputy,  and 
in  no  case  until  the  premises  have  been  thoroughly  disinfected. 

Rule  4.  When  persons  quarantined  in  a  house,  building,  structure, 
tent,  or  other  place  have  recovered  from  the  disease  for  which  the  quar- 
antine is  established,  or  when  the  quarantine  is  for  ex]iosure  to  con- 
tagious, infectious  or  communicable  diseases,  and  the  period  of  incubation 
designated  has  elapsed,  the  quarantine  shall  not  be  raised  by  order  of 
the  local  board  of  health  or  local  health  officer  until  every  exposed  room, 
together  with  all  bedding,  clothing,  and  all  other  personal  property  con- 
tained therein,  has  been  thoroughly  disinfected,  or  if  necessary,  such 
personal  property  may  be  destroyed,  by  or  nnder  the  direction  of  the 
health  officer  or  his  deputj';  and  until  all  persons  quarantined  shall  have 
taken  a  thorough  antiseptic  bath  and  put  on  clothing  free  from  con- 
tagion. 

Rule  5.  Whenever  quarantine  is  established  by  any  local  board  of 
health  or  health  officer  to  prevent  the  spread  of  any  contagious,  infec- 
tious, or  communicable  disease,  it  shall  be  the  duty  of  all  persons  to 
obey  the  rules,  orders  and  regulations  of  such  health  board  or  health 
officer. 

Rule  6.  No  milkman  shall  take  away  milk  bottles  or  other  recep- 
tacles for  milk  from  any  building,  house,  structure,  tent,  or  other  place, 
in  which  a  contagious,  infectious  or  communicable  disease  exists  or  has 
existed,  nor  from  any  place  within  any  quarantined  district,  nor  at  any 
time  after  such  quarantine  has  been  removed,  unless  with  the  written 
permission  of  the  local  health  officer,  and  after  such  milk  bottles  or 
receptacles  have  been  disinfected  and  cleaned  to  the  satisfaction  of  such 
officer. 

Rule  7.  Whenever  there  exists  in  the  house  of  any  milkman,  milk 
dealer  or  milk  distributer,  any  case  of  cholera,  typhus  fever,  plague, 
scarlet  fever,  diphtheria,  membranous  croup,  leprosy,  anthrax,  glanders, 
cerebro-spinal  meningitis,  whooping-cough,  typhoid  fever,  dysentery,  tra- 
choma or  tetanus,  then  it  shall  be  unlawful  for  such  milkman,  milk 
dealer,  or  milk  distributer,  to  continue  the  sale  or  distribution  of  milk 
until  the  local  board  of  health  or  chief  executive  health  officer  has  ap- 
pointed at  the  expense  of  the  county  where  such  milkman,  dealer  or 
distributer  lives  a  person  to  superintend  his  cows,  dairy  or  other  place 
where  such  milk  is  sold,  or  from  which  it  is  delivered  or  distributed, 
and  all  cows,  bottles,  vessels  and  milk  utensils.  Such  person  so  ap- 
pointed by  the  local  board  of  health,  or  chief  executive  officer,  shall 
strictly  require  that  all  persons  attending  to  the  cows,  dairy,  sheds,  milk 
cans,  bottles,  vessels,  and  milk  utensils,  shall  not  have  access  to  the 
infected  house,  nor  any  communication  with  the  persons  who  reside  in 
such  infected  house,  except  with  the  permission  and  under  the  inspection 
of  the  local  health  officer. 

Rule  8.  Every  person  subject  to  quarantine,  residing  or  being  in  a 
quarantined  building,  house,  structure  or  tent,  shall  not  go  beyond  the 


1713  PUBLIC  HEALTH,  Act  2836a,  §  1 

lot  upon  which  such  building,  house,  structure  or  tent  is  situated,  nor 
put  himself  in  immediate  communication  with  any  person  not  subject 
to  quarantine,  other  than  the  health  officer  and  physician.  The  local 
board  of  health  or  local  chief  executive  health  officer  maintaining  a 
quarantine  shall  appoint,  or  cause  to  be  appointed,  a  suitable  person  to 
perform  necessary  outside  services  for  the  necessary  wants  of  the  per- 
sons quarantined.  Such  person  so  appointed  shall  never  enter  the  build- 
ing, house,  structure,  or  tent  nor  come  in  personal  contact  with  any 
of  the  persons  quarantined,  but  shall  leave  at  the  entrance  of  the  build- 
ing, house,  structure  or  tent,  or  at  such  other  place  as  may  be  desig- 
nated by  the  health  officer  or  deputy,  all  articles  which  he  may  have 
brought,  and  he  shall  strictly  observe  the  orders  of  the  local  health 
officer.     [Amendment  approved  April  1,  1911;  Stats.  1911,  p.  568.] 

Penalty. 

§  21.  Any  person  violating  any  of  the  provisions  of  this  act,  whether 
acting  for  himself,  or  as  the  agent  or  servant  of  another  person,  or  of 
a  firm,  company  or  corporation,  or  as  an  officer,  agent,  employee  or  rep- 
resentative of  any  municipal  corporation,  or  of  the  state,  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  shall  be  punished  by  a  fine  of  not 
less  than  twenty-five  nor  more  than  five  hundred  dollars,  or  by  imprison- 
ment for  a  term  of  not  more  than  ninety  days,  or  by  both  such  fine  and 
imprisonment.  Each  day  that  in  violation  of  any  provision  of  this  act 
shall  continue,  and  each  day  that  anything  forbidden  b;^  the  terms 
hereof  to  be  erected,  constructed,  maintained,  operated  or  permitted,  shall 
continue  to  exist,  or  be  maintained,  operated  or  permitted,  shall  consti- 
tute a  separate  offense.  [Amendment  approved  April  1,  1911;  Stats.  1911, 
p.  571.] 

Citations.     App.  17/66. 

ACT  2836a, 

An  act  to  prevent  the  introduction,  and  provide  for  the  investigation  and 

suppression    of   contagious   or  infectious   diseases,   and   appropriating 

money  to  be  used  for  such  purpose. 
[Approved  June  7,  1913.     Stats.  1913,  p.  868.     In  effect  immediately.] 

Appropriation:  Prevention  of  contagious  and  infectious  diseases. 

§  1.  The  sum  of  one  hundred  thousand  dollars  is  hereby  appropriated 
out  of  any  moneys  in  the  state  treasury  not  otherwise  appropriated,  to 
be  expended  by  the  state  board  of  health,  under  the  direction  of  the 
governor,  for  the  prevention  of  the  introduction  of  Asiatic  cholera, 
bubonic  plague,  smallpox  or  other  contagious  or  infectious  disease  into 
this  state,  and  for  their  investigation  and  suppression  in  case  of  their 
origin  or  introduction.  The  claims  for  such  expenditures  must  be  ^au- 
dited  by  the  board  of  control,  except  that  when,  in  the  opinion  of  the 
governor,  an  emergency  arises  which  demands  or  necessitates  the  im- 
mediate use  of  money  for  the  purposes  herein  provided,  the  controller 
108 


Act  2836a,  §§  2, 3  general  laws.  1714 

must  draw  his  warrant  in  the  name  of  the  governor  without  such  audit, 
on  account  of  the  sum  hereby  appropriated,  upon  the  order  of  the  gov- 
ernor, in  such  sums,  from  time  to  time,  not  exceeding  one  thousand 
dollars  at  any  one  time,  as  he  may  direct.  In  eases  where  sums  are  so 
drawn  upon  the  order  of  the  governor,  without  audit  by  the  board  of 
control,  vouchers  must  be  thereafter  filed  with  the  controller,  showing 
the  manner  and  the  purposes  for  which  such  sums  have  been  expended. 
Such  portion  of  the  sum  provided  by  this  section  as  may  be  deemed 
advisable  by  the  state  board  of  health  and  approved  by  the  governor, 
may  be  used  in  accordance  with  the  provisions  of  this  section  and  sec- 
tion 2,  provided  that  all  expenditures  connected  therewith  shall  be  au- 
dited by  the  board  of  control  and  paid  by  the  state  treasurer  upon 
warrants  drawn  by  the  controller,  in  accordance  with  the  provisions  of 
this  section. 

Extermination  of  rodents,  insects,  vermin  by  property  owners.  Exter- 
mination by  state  board  of  health. 
§  2.  Whenever  any  land,  place,  building,  structure,  wharf,  pier,  dock, 
vessel  or  water  craft  is  infested  with  rodents,  insects  or  other  vermin 
which  are  liable  to  convej'  or  spread  contagious  or  infectious  disease 
from  an  existing  focus  declared  by  the  state  board  of  health,  it  shall 
be  the  duty  of  said  board  to  at  once  notify  the  person,  firm,  copartner- 
ship, company  or  corporation,  owning  said  land,  place,  building,  structure, 
wharf,  pier,  dock,  vessel  or  water  craft,  of  the  existence  of  said  rodents, 
insects,  or  other  vermin,  and  said  notice  shall  direct  said  owner  to  pro- 
ceed immediately  to  exterminate  and  destroy  said  rodents,  insects,  or 
other  vermin,  and  to  continue  in  good  faith  such  measures  as  maj'  be 
necessary  to  prevent  their  return.  In  the  event  that  said  owner  fails, 
refuses  or  neglects  to  proceed  as  above  provided,  within  ten  days  from 
the  date  of  receipt  of  said  notice,  the  state  board  of  health  may  at 
once  proceed  to  exterminate  and  destroy  said  rodents,  insects  or  other 
vermin,  and  take  such  measures  as  may  be  necessary  to  prevent  their 
return,  and  the  cost  of  the  above  measures  shall  be  repaid  to  the  state 
board  of  health  by  the  board  of  supervisors  or  other  governing  body 
of  the  county,  city  and  county,  city  or  town  wherein  the  work  is  done 
at  its  next  meeting  after  the  bill  is  presented,  and  the  appropriation 
provided  in  section  1  of  this  act  shall  be  reimbursed  by  the  amount  so 
paid,  and  may  be  again  expended  in  a  similar  manner. 

Lien  on  property  for  payment  of  expense  of  extermination. 

§  3.  Whenever  a  board  of  supervisors  or  other  governing  body  of  any 
county,  city  and  county,  citj^  or  town,  shall  have  repaid  the  state  board 
of  health,  any  sum  as  provided  in  section  2,  the  clerk  of  such  board 
shall  file  in  the  office  of  the  county  recorder  a  notice  of  such  payment, 
claiimiug  a  lien  on  such  property  for  the  amount  of  such  payment.  Any 
and  all  sums  so  paid  by  such  county,  city  and  county,  city  or  town,  shall 
be  a  lien  on  the  property  on  which  such  rodents,  in.sects  or  other  ver- 
min shall  have  been  exterminated  and  de-  troyed,  and  may  be  recovered 
in  an  action  against  such  property,  which   action  to  foreclose  such   lien 


1715  PUBLIC  HEALTH.  Acfe  2837a-2840 

shall  be  brouglit  within  ninety  days  after  such  payment,  and  be  prose- 
cuted by  the  district,  city  or  town  attorney,  in  the  name  of  such  county, 
city  and  county,  city  or  town,  and  for  its  benefit.  When  the  property 
is  sold,  enough  of  the  proceeds  shall  be  paid  into  the  treasury  of  such 
county,  city  and  count}-,  city  or  town,  to  satisfy  such  lien  and  the  costs 
and  overplus,  if  any  there  be,  shall  be  paid'  to  the  owner  of  the  prop- 
erty, if  known,  and  if  not  khown  shall  be  paid  into  the  court  for  the 
use  of  such  owner  when  ascertained.  When  it  appears  from  the  com- 
plaint in  such  action  that  the  property  on  which  such  lien  is  to  be  fore- 
closed is  likely  to  be  removed  from  the  jurisdiction  of  the  court,  the 
court  may  appoint  a  receiver  to  take  possession  of  the  property  and  hold 
the  same  while  the  action  may  be  pending  or  until  the  defendant  shall 
execute  and  file  a  bond,  with  sufficient  sureties,  conditioned  for  the  pay- 
ment of  any  judgment  that  may  be  received  against  him  in  the  action 
and  all  costs. 

Current  expenses. 

§  4.  This  act,  inasmuch  as  it  provides  for  an  appropriation  for  the 
usual  current  expenses  of  the  state,  shall,  under  the  provisions  of  sec- 
tion 1  of  article  4  of  the  constituiion  of  the  state  of  California,  take 
effect  immediately. 

ACT  2837a. 

An   act   to   authorize  the   state  board   of  health  to   purchase,   or  prepare 

and  distribute,  free  of  cost,  to  certain  persons,  anti-rabic  virus,  and 

making  an  appropriation  therefor. 

[Approved   June   13,   1913.     Stats.   1913,   p.   843.] 

Board  of  health  to  purchase  anti-rabic  virus. 

§  1.  The  state  board  of  health  is  hereby  empowered  and  directed  to 
purchase,  or  prepare,  and  distribute  free  of  cost,  under  such  regulations 
as  may  be  necessary,  anti  rabic  virus  to  be  used  in  the  treatment  of  per- 
sons exposed  to  rabies  when  said  persons  shall  declare  that  it  would  be 
a  hardship  for  them  to   pay  for  anti-rabic  treatment. 

Appropriation. 

§  2.  The  sum  of  five  thousand  dollars  is  hereby  appropriated  for  the 
purposes  of  this  act. 

§  3.  The  state  controller  is  hereby  authorized  to  draw  his  warrant  for 
the  same,  and  the  state  treasurer  is  hereby  authorized  to  pay  the  same. 

ACT  2839. 

Citations.      App.   11/127. 

ACT   2840. 

An  act  to  encourage  and  provide  for  a  general  raccination  in  the  state 
of  California.     [Approved  February  20,  1889.     Stats.  1889,  p.  32.] 

Repealed    1911,   p.   295. 

See  post,  Act  2840a. 

Citations.      App.    13/516. 


Act  284:0a,  §§  1,  la  general  laws.  1716 

ACT  2840a. 

An  act  to  encourage  and  provide  for  a  general  vaccination  for  all  public 
and  private  schools  of  California,  specifying  the  duties  of  certain 
officers  and  persons  with  relation  thereto  making  violations  of  its 
provisions  a  misdemeanor,  providing  penalties,  and  repealing  an  act 
entitled  "An  act  to  encourage  and  provide  for  a  general  vaccination 
in  the  state  of  California,"  approved  February  20,  1889. 
[Approved  March  7,  1911.     Stats.  1911,  p.  295.] 

Filing  certificate  of  vaccination.  Form  of  certificate.  Successful  vac- 
cination. Duty  of  physician. 
§  1.  Within  ten  days  after  this  act  goes  into  effect,  and  thereafter 
within  five  days  after  any  child  or  person  shall  be  enrolled  or  entered  in, 
or  shall  have  entered,  enrolled,  or  shall  have  been  received  or  employed 
or  commenced  work  in  any  school,  college,  university,  academy,  or  other 
educational  institution,  within  the  state  of  California,  whether  the  same 
be  public  or  private,  sectarian  or  nonsectarian,  such  child  or  person  shall 
file  with  the  teacher,  instructor,  principal,  superintendent  or  other  person 
or  persons  who  shall  or  may  be  in  charge  of  or  in  authority  over  such 
school,  college,  university,  academy  or  other  educational  institution, 
either  a  certificate  signed  by  a  duly  licensed  and  practicing  physician, 
showing  that  such  child  or  person  has  been  successfully  vaccinated  (giv- 
ing the  date  thereof)  within  seven  years  prior  to  the  date  when  same  shall 
be  filed,  of  a  certificate  signed  by  the  health  officer  or  board  of  health, 
within  whose  territorial  jurisdiction  such  institution  may  be  located,  stat- 
ing that  such  child  or  person  has  been  examined  by  him  and  has  pre- 
sented satisfactory  evidence  that  he  or  she  has  been  successfully 
vaccinated  (giving  the  date  thereof)  within  such  period  of  seven  years, 
or  the  statement  or  certificate  provided  for  in  section  2  of  this  act. 

§  la. 

VACCINATION   CERTIFICATE. 

This  is  to  certify  that  was  vaccinated  on  19 — ,  with  proper 

aseptic  precautions,  and  with  vaccine  prepared  under  U.  S.  Government 
license.  Full  instructions  were  given  for  home-care  during  the  progress 
of  the  vaccinia. 

I  have  this  day  19 — ,  completed  my  observations  of  the  case  and 

certified  that  the  vaccination  was  successful. 

Signature  of  Vaccinator. 

Vaccine   number.  Limitation   date.  Manufacturer. 

Successful  vaccination  means  that  there  has  been  evidence  of  a  normal 
vaccinia,  and  that  ordinarily  the  person  so  vaccinated  may  be  assured  of 
immunity  to  smallpox  for  at  least  five  years  without  repetition  of  the 
vaccination. 


1717  PUBLIC  HEALTH.  Act  2840a,  §§  2-3 

Notice  to  the  vaccinator. — If  repeated  vaccination  fail  to  "take,"  read 
in  the  instructions  in  section  9  of  the  vaccination  law. 

It  shall  be  the  duty  of  every  physician  and  person  who  shall  vaccinate 
any  child  or  person  to  take  proper  aseptic  precautions,  to  use  only  vac- 
cine prepared  under  United  States  government  or  state  of  California 
license,  to  give  to  the  child  or  person  full  instructions  for  home-care 
during  the  progress  of  the  vaccinia,  and  when  observation  of  the  ease 
is  completed  and  found  to  be  successful,  to  furnish  a  vaccination  certifi- 
cate in  the  form  prescribed  by  the    terms  of  this  section. 

In  lieu  of  certificate. 

§  2.  In  lieu  of  the  certificates  provided  for  in  section  1  of  this  act, 
and  within  the  same  period  and  with  the  same  person  or  persons,  such 
child  or  person  may  file  annually  a  statement  in  writing,  signed  by  his 
or  her  parent,  or  guardian,  if  such  child  or  person  be  a  minor,  and  by 
himself,  in  other  cases,  stating  that  such  parent,  guardian  or  person  ia 
conscientiously  opposed  to  the  practice  of  vaccination  and  will  not  con- 
sent to  the  vaccination  of  such  child  or  person,  or  the  certificate  of  a, 
duly  licensed  and  practicing  physician  stating  that  the  physical  condition 
of  such  child  or  person  is,  at  the  time,  such  that  vaccination  would  seri- 
ously endanger  the  life  or  health  of  such  child  or  person,  and  thereupon, 
such  child  or  person  shall  be  exempt  from  the  provisions  of  section  1 
of  this  act  as  otherwise  provided. 

Blank. 

§  2a.  The  school  trustees  or  directors  in  each  school  district,  city,  city 
and  county  within  this  state  shall  furnish  such  parent,  guardian  or  per- 
son a  printed  blank  to  be  filled  out  in  writing  as  provided  in  section  2 
hereof.     This  blank  shall  be  substantially  in  the  following  form: 

City  or  town  . 

Date  . 

I  hereby  declare  that  I  am  conscientiously  opposed  to  the  practice  of 

vaccination  and  will  not  consent  to  the  vaccination  of  -■ . 

(Signed) , 

Parent  or   Guardian. 

List  of  vaccinated  children.     Of  those  not  vaccinated. 

§  3.  The  person  with  whom  such  certificates  are  required  to  be  filed, 
as  aforesaid,  shall  forthwith  deliver  them  to  the  health  officer  within 
whose  territorial  jurisdiction  such  institution  may  be  situated,  and  such 
health  officer  or  other  proper  person  shall  at  once  examine  the  same  and 
make  and  preserve  a  list  of  those  children  and  persons  who  have  been 
successfully  vaccinated  within  seven  years  prior  to  the  said  date  of  filing 
(with  the  date  of  such  vaccination)  and  a  separate  list  of  those  who  have 
not  been  so  vaccinated.  Such  health  officer  or  other  proper  person  shall 
thereupon  return  the  vaccination  certificates  provided  for  in  section  1  of 
this  act,  to  the  person  from  whom  he  received  them,  who  shall  surrender 
them  to  their  respective  owners,  and  such  health  oificer  shall  preserve  in 


Act  2840a,  §§  4-6  general  laws.  1718 

his  office  the  statements  and  certificates  provided  for  in  sections  2  and  2a 
of  this  act. 

Failure  to  file  certificate  or  statement. 

§  4.  Any  child  or  person  who  shall  fail,  neglect  or  refuse  to  file  a  cer- 
tificate or  statement  as  required  by  section  1  and  section  2  and  section  2a, 
of  this  act,  within  ten  days  after  this  act  goes  into  effect,  or  who  shall 
thereafter  so  fail,  neglect  or  refuse  to  file  such  certificate  or  statement 
within  said  period  of  five  days,  shall  thereupon  be  excluded  from  admis- 
sion to,  attendance  upon,  from  the  benefits  of,  and  from  service  in  con- 
nection with  such  institution,  until  such  time  as  he  or  she  shall  file  such 
certificate  or  statement,  and  it  shall  be  the  duty  of  every  teacher,  in- 
structor, principal  and  other  person  in  charge  of  or  in  authority  over 
such  institution  so  to  exclude  such  child  or  person. 

Children  not  vaccinated .  to  be  excluded  from  schools  whenever  cases  of 
smallpox  exist  in  district. 
§  5.  Whenever  any  case  or  cases  of  smallpox  shall  exist  in  any  school 
district,  incorporated  city  or  town,  or  city  and  county,  it  shall  be  the 
duty  of  the  state  board  of  health  to  make  or  cause  to  be  made  a  thorough 
investigation  as  to  whether  such  smallpox  does  exist,  and  as  to  whether 
any  child  or  person  enrolled  or  entered  in,  or  employed  or  working  in 
any  such  school,  college,  university,  academy  or  other  educational  institu- 
tion, within  the  state  of  California,  whether  the  same  be  public  or  pri- 
vate, sectarian  or  nonsectarian,  has  been  exposed  to  the  contagion  or 
infection  of  such  smallpox.  If  upon  such  examination  the  sfate  board 
of  health  shall  find  that  smallpox  does  exist  therein,  all  children  or  per- 
sons, who  have  not  been  successfully  vaccinated,  within  seven  years  then 
last  past,  shall  be  excluded  forthwith  and  continuously  from  admission  to, 
attendance  upon,  the  benefits  of,  or  service  in  connection  with  any  and 
all  schools,  colleges,  universities,  academies  and  other  educational  in- 
stitutions situated  in  such  school  district,  city,  town,  or  city  and  county 
until  such  children  shall  have  been  successfully  vaccinated,  or  until  such 
time  as  such  smallpox  shall  cease  to  exist  in  such  school  district,  city, 
town,  or  city  and  county,  and  it  is  further  provided,  that  such  other 
vaccinated  children  or  persons  shall  be  excluded  from  all  the  rights  and 
privileges  as  in  this  section  contained  as  the  state  board  of  health  or  its 
representatives  may  direct;  provided,  that  in  cities,  cities  and  counties, 
and  districts,  where  two  or  more  schools  are  maintained,  the  state  board 
of  health  shall  subdivide  such  cities,  cities  and  counties  or  districts,  and 
for  such  period  as  it  shall  determine  to  be  advisable,  unvaccinated  chil- 
dren and  persons  may  be  permitted  to  attend  schools  in  subdivisions  in 
which  no  smallpox  exists. 

Duty  of  health  oflacer  whenever  cases  of  smallpox  exist. 

§  6.  Whenever  any  such  case  or  cases  of  smallpox  as  in  section  5  con- 
tained shall  exist  in  any  school  district,  city  or  city  and  county,  within 
this   state,   the   health   or   other   proper   person   or   health   officers   within 


1719  PUBLIC  HEALTH.  Act  2840a,  §§  7-12 

Mhose  territorial  jurisdiction  such  district,  city  or  city  and  county  may 
be  situated,  shall  forthwith  furnish  to  the  teacher,  instructor,  principal, 
superintendent,  or  other  person  in  charge  of  or  in  authority  over,  each 
of  the  schools,  colleges,  universities,  academies  and  other  educational 
institutions,  situated  within  its  jurisdiction,  a  certificate  showing  the 
existence  of  such  smallpox  in  such  district,  city,  or  city  and  county,  and 
a  list  of  the  unvaccinated  children  or  persons  in  attendance  upon  or 
employed  in  connection  with  such  schools,  respectively,  and  requiring 
that  such  unvaccinated  children  and  persons  be  excluded  as  provided  in 
section  5  of  this  act. 

State  board  to  decide  in  case  of  question. 

§  7.  Whenever  any  question  shall  arise  as  to  whether  smallpox  does 
or  does  not  exist  in  any  district,  city,  or  city  and  county,  the  state  board 
of  health  shall  make,  or  cause  to  be  made  an  investigation  and  the  de- 
termination of  said  board,  or  that  of  its  secretary,  if  said  board  is  not  in 
session,  shall  be  final  as  to  the  question  of  fact. 

Penalty  for  violation. 

§  8.  Every  person  who  shall  violate  any  provision  of  this  act  shall 
be  deem.ed  to  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  twenty-five  nor  more  than 
three  hundred  dollars,  or  by  imprisonment  for  a  period  of  not  more  than 
■thirty  days,  or  by  both  such  fine  and  imprisonment. 

Child  not  able  to  be  vaccinated. 

§  9.  Whenever  any  child  or  person  shall  file,  as  in  this  act  provided, 
a  certificate  signed  "by  a  duly  licensed  and  practicing  physician  and 
showing  that  within  one  year  of  the  date  of  filing  such  child  or  person 
has  used  due  diligence  and  cannot  be  successfully  vaccinated,  such  child 
or  person  shall  be  exempt  from  provisions  of  this  act  for  the  period  of 
one  year  therefrom. 

Construction  of  act. 

§  10.  Nothing  in  this  act  shall  be  construed  to  be  in  conflict  with  or 
contrary  to  any  of  the  rules,  regulations  or  requirements  of  any  private 
school,  academy,  college,  university,  or  other  educational  institution 
which  may  at  any  time  provide  for  excluding  all  unvaccinated  children 
an-d  persons  therefrom. 

§  11.  An  act  entitled  "An  act  to  encourage  and  provide  for  a  general 
vaccination  in  the  state  of  California,"  approved  February  20,  1889,  is 
hereby  repealed. 

§  12.     This  act  shall  take  effect  from  the  time  of  its  passage. 


Act  2840b,  §§  1-4  general  laws.  1720 

ACT  2840b. 

An  act  regulating  the  cleaning,  laundering,  sale,  offering  for  sale,  and 
furnishing  for  use  to  employees,  of  wiping  rags;  authorizing  coun- 
ties, cities  and  counties,  cities  and  towns,  to  enact  ordinances  pro- 
hibiting the  cleaning,  laundering,  sterilizing,  and  sale  of  wiping  rags 
without  a  permit,  and  to  issue  and  revoke  permits  to  clean,  launder, 
and  sell  wiping  rags  within  their  respective  jurisdictions;  authoriz- 
ing peace  and  health  officers  to  make  inspections  of  wiping  rags,  and 
making  violations  of  this  act  a  misdemeanor. 

[Approved  April  25,  1913.     Stats.  1913,  p.  86.] 

Wiping  rags  to  be  sterilized. 

§  1.  Every  person  or  corporation  who  supplies  or  furnishes  to  his  or 
its  employees  for  wiping  rags,  or  who  sells  or  offers  for  sale  for  wiping 
rags,  any  soiled  wearing  apparel,  underclothing,  bedding,  or  parts  of 
soiled  or  used  underclothing,  wearing  apparel,  bedclothes,  bedding  or 
soiled  rags  and  cloths,  unless  the  same  have  been  sterilized  by  a  process 
<jf  boiling  for  forty  minutes  in  a  solution  containing  five  per  cent  of 
caustic  soda,  and  unless  before  such  boiling,  the  sleeves,  legs  and  bodies 
of  garments  are  ripped  and  made  into  flat  pieces,  is  guilty  of  a  misde- 
meanor. 

Wiping  rags  defined. 

§  2.  Wiping  rags  within  the  meaning  of  this  act  are  cloths  and  rags 
used  for  wiping  and  cleaning  the  surfaces  of  machinery,  machines,  tools, 
locomotives,  engines,  motor  cars,  automobiles,  cars,  carriages,  windows, 
and  furniture,  and  surfaces  of  articles,  appliances  and  engines  in  fac- 
tories, shops,  steamships  and  steamboats,  and  generally  used  for  clean- 
ing purposes  in  industrial  employments,  and  also  used  by  mechanics  and 
workmen  for  wiping  from  their  hands  and  bodies  soil  incident  to  their 
employment. 

Not  to  be  cleaned  in  laundry. 

§  3.  Any  person  or  corporation  who  shall  wash,  cleanse  or  launder 
soiled  rags  or  soiled  cloth  material  for  wiping  rags  in  the  same  building 
or  by  the  same  machinery  or  appliances,  in  or  by  which  clothing  and 
articles  for  personal  wear  or  for  household  use  are  laundered,  shall  be 
guilty  of  a  misdemeanor. 

Inspection. 

§  4.  Every  peace  officer,  health  officer  or  health  inspector,  upon  proper 
demand  and  notice  of  his  authority,  shall  be  permitted,  during  business 
hours,  to  enter  factories,  shops,  yards,  ships,  boats  and  premises  where 
wiping  rags  are  used,  or  are  kept  for  sale,  or  offered  for  sale,  and  inspect 
such  wiping  rags;  and  it  shall  be  unlawful  for  any  person,  firm,  company 
or  corporation  to  refuse  to  permit  such  inspection,  or  to  impede  or  ob- 
struct such  officer  during  such  inspection. 


1721  PUBLIC  HEALTH.  Act  2844a,  §§  1, 2 

Local  regnlation  of  wiping  rag  Tjusiness. 

§  5.  Each  county,  city  and  county,  city  and  town,  may  regulate  the 
business  of  laundering  and  sterilizing,  and  the  business  of  selling  wip- 
ing rags,  by  enacting  ordinances  prohibiting  the  laundering,  sterilizing 
and  sale,  and  offering  for  sale,  of  wiping  rags,  or  cloth  material  for 
wiping  rags,  within  their  respective  jurisdictions,  without  a  permit  issued 
by  the  board  of  supervisors  of  the  county,  or  board  of  health  or  health 
officer  of  the  city  and  county,  city  and  town,  and  for  the  issuance  of 
certificates  of  inspection  of  wiping  rags  offered  for  sale.  Such  permit 
shall  be  granted  as  of  course  on  a  first  application  therefor,  and  may  be 
revoked  by  the  board  or  officer  authorized  to  issue  the  same  for  a  vio- 
lation of  this  act  or  for  a  violation  of  such  ordinance  by  the  holder  of 
such  permit.  The  board,  department  or  officer  authorized  to  issue  per- 
mits to  launder,  sterilize,  or  sell  wiping  rags  shall  keep  a  register  of  the 
names  and  places  of  business  of  persons  to  whom  such  permits  are  issued, 
and  the  date  of  issue  and  number  of  said  permit,  and  a  record  of  revoca- 
tion of  issued  permits. 

Packages  to  be  marked. 

§  6.  Every  package  or  parcel  of  wiping  rags  must,  before  being  sold 
or  offered  for  sale,  be  plainly  marked  "sterilized  wiping  rags,"  with  the 
number  and  date  of  permit  given  for  the  conducting  of  the  laundry  in 
which  the  rags  contained  in  such  package  or  parcel  were  laundered  and 
sterilized,  and  the  name  of  the  board  or  officer  issuing  the  permit;  or 
with  the  name  and  location  of  the  laundry  in  which  such  rags  were 
laundered  and  sterilized. 

Penalty. 

§  7.  Any  person,  firm  or  corporation  who  shall  violate  any  of  the 
provisions  of  this  act  shall  be  guilty  of  a  misdemeanor. 

ACT  2844a. 

An  act  providing  for  the  dissemination  of  knowledge  among  the  people 
of  California  as  to  the  best  means  of  preventing  the  spread  of  tuber- 
culosis, and  for  investigation  of  its  prevalence  and  making  an  ap- 
propriation therefor. 

[Approved  May  1,  1911.     Stats.  1911,  p.  1350.] 

Board  of  health  to  investigate  tuberculosis. 

§  1.  It  shall  be  the  duty  of  the  state  board  of  health  to  cause  special 
investigation  of  the  prevalence  of  tuberculosis  in  California  and  the 
pfTects  of  localities,  employments,  conditions  and  circumstances  on  the 
health  of  those  developing 'the  disease,  and  to  determine  the  best  means 
for  its  eradication. 

To  publish  piinted  matter. 

§  2.  The  state  board  of  health  shall  publish,  or  procure  and  distribute 
free  to  the  people  of  the  state  of  California,  printed  matter,  charts,  pic- 


Act  2844b,  §§  1, 2  general  laws.  1722 

tures  or  models,  or  demonstrate  to  tbem  in  any  practical  way  the  preva- 
lence of  tuberculosis,  the  danger  of  infection  therefrom  and  the  means 
of  prevention  and  cure. 

Appropriation. 

§  3.  The  sum  of  five  thousand  dollars  is  hereby  appropriated  out  of 
any  moneys  in  the  general  fund  in  the  state  treasury,  not  otherwise  ap- 
propriated, for  the  purpose  of  this  act,  and  the  state  controller  is  hereby 
directed  to  draw  his  warrant  in  favor  of  the  state  board  of  health  for 
sums  aggregating  that  amount,  these  claims  having  been  audited  by  the 
state  board  of  examiners,  and  the  state  treasurer  is  directed  to  pay  the 
same. 

§  4.     This  act  shall  be  in  effect  from  its  passage. 

ACT  2844b. 

An  act  to  provide  for  the  establishment  and  maintenance  of  a  depart- 
ment of  tuberculosis  under  the  direction  of  the  stat<3  board  of  health; 
defining  its  powers  and  duties;  and  making  an  appropriation  there- 
for. ^ 

[Approved  June  13,  1913.     Stats.  1913,  p.  813.] 

Board  of  health  to  maintain  tuberculosis  department. 

§  1.  The  state  board  of  health  shall  maintain  a  department  of  tuber- 
culosis for  the  complete  and  proper  registration  of  all  tuberculous  per- 
sons within  the  state;  for  supervision  over  all  hospitals,  dispensaries, 
sanatoria,  farm-colonies  and  other  institutions  for  tuberculosis;  for  ad- 
vising officers  of  the  penal  and  charitable  institutions  regarding  the  proper 
care  of  tuberculous  inmates;  and  for  the  performance  of  such  other 
duties  as  may  be  assigned  by  the  said  board. 

Director.     Duties.     Traveling  expenses. 

§  2.  The  state  board  of  health  shall  appoint  a  director  of  the  de- 
partment whose  salary  shall  be  fixed  by  the  board  in  an  amount  not  to 
exceed  three  thousand  dollars  per  annum,  and  such  other  employees  as 
may  be  deemed  necessary,  and  shall  fix  their  compensation.  The  director 
shall  be  a  duly  licensed  physician,  shall  be  appointed  an  assistant  secre- 
tary of  the  state  board  of  health,  and  shall  devote  his  entire  time  to  the 
duties  assigned  to  him.  In  addition  to  the  administration  of  the  depart- 
ment, it  shall  be  the  duty  of  the  director,  and  he  is  hereby  invested 
with  full  power,  to  inspect  and  investigate,  and  have  access  to  all  rec- 
ords and  departments  of  all  institutions,  both  public  and  private,  where 
tuberculous  patients  are  treated.  He  shall  prepare  annually  for  each 
institution  a  report  of  its  rating  on  sanitary  construction,  enforcement 
of  sanitary  measures,  adequate  provision  for  medical  and  nursing  at- 
tendance, provision  for  proper  food,  and  such  other  matters  of  admin- 
istration  as  may  be   designated.     The   director   and   other   employees   of 


1723  PUBLIC  HEALTH.  Act  2848 

the    department   shall   be   allowed   their   actual   and   necessary   traveling 
expenses   incurred   in   the   performance   of   their  duties. 

Advisory  board.  Meetings.  Recommendations.  Annual  meeting.  No 
salary. 
§  3.  There  shall  be  an  advisory  board  of  four  members  appointed 
by  the  governor  for  a  term  of  four  years;  provided,  that  the  first  ap- 
pointees shall  be  designated  respectively  for  one,  two,  three,  and  four 
years.  These  members  shall  be  selected  for  their  recognizd  ability  and 
interest  in  the  control  and  eradication  of  tuberculosis.  The  advisory 
board  may  meet  at  least  quarterly  for  conference  with  the  state  board 
of  health.  All  recommendations  for  appointments,  promotions,  dis- 
missals, increases  of  salaries,  special  expenditures,  rules  and  regulations 
to  be  issued  by  the  department  and  other  important  matters  of  policy 
must  be  submitted  to  the  advisory  board  before  final  action,  and  its 
written  opinions  must  be  recorded  with  each  action;  provided,  that  a 
majority  vote  by  mail  ballot  may  be  recognized  as  complying  with  the 
provisions  of  this  section.  In  all  matters  of  action  in  which  the  approval 
of  the  advisory  board  is  withheld,  the  state  board  of  health  must  file 
a  report  with  the  governor,  stating  the  reasons  for  action  and  attaching 
thereto  a  copy  of  the  adverse  opinion.  The  advisory  board  may  make 
at  any  time  such  recommendations  regarding  the  policy  of  the  depart- 
ment, as  it  may  decide  by  vote  to  be  expedient,  but  no  recommendations 
for  appointments,  promotions,  or  dismissals  may  originate  with  it.  The 
advisory  board  shall  elect  from  its  members  a  chairman  who  shall  serve 
for  one  year,  and  until  his  successor  shall  be  elected.  In  addition  to  the 
quarterly  conferences  with  the  state  board  of  health,  the  said  board 
may,  upon  its  own  volition,  meet  annually  in  the  offices  of  the  depart- 
ment, and  special  meetings  may  be  held  at  any  time  or  place  subject  to 
the  call  or  approval  of  the  state  board  of  health,  or  its  secretary.  The 
director  of  the  department  shall  serve  as  secretary  for  the  advisory 
board.  The  members  shall  receive  no  salary,  but  may  receive  their 
actual  and  necessary  traveling  expenses  while  in  the  service  of  the  de- 
partment. 

Appropriation. 

§  4.  The  sum  of  seven  thousand  five  hundred  dollars  is  hereby  ap- 
propriated out  of  any  moneys  in  the  state  treasury  not  otherwise  appro- 
priated to  be  expended  by  the  state  board  of  health  in  carrying  out  the 
provisions  of  this  act.  All  claims  against  this  appropriation  shall  be 
audited  by  the  state  board  of  control.  The  controller  is  hereby  directed 
to  draw  his  warrants  for  sums  aggregating  this  amount  and  the  state 
treasurer  is  directed  to  pay  the  same. 

ACT  2848. 

Citations.      Cal.   161/613. 


Acts  2855-2867a  general  laws.  1724 

TITLE  402. 

PUBLIC  LANDS. 
ACT  2855. 

Citations.      Cal.  158/615,  617.     App.  15/442;    (§  66)   15/442. 

ACT  2857. 

Citations.      Cal.   158/132. 

ACT  2858a. 

Citations.     App.   16/82. 

ACT  2867a. 

An  act  for  the  relief  of  purchasers  of  state  lands. 
[Approved  June  12,  1913.     Stats.  1913,  p.  625.] 

Whereas,  An  act  approveli  April  28,  1855,  provided  for  the  sale  of 
swamp  and  overflowed  lands,  but  excluded  from  the  operation  of  said 
act  any  swamp  lands  within  ten  miles  of  the  city  of  San  Francisco;  and. 

Whereas,  Survey  No.  119  made  for  Peter  Anderson  for  the  northeasi; 
quarter  of  southeast  quarter  of  section  10,  township  3  south,  range  3 
west.  Mount  Diablo  meridian,  was  filed  in  the  office  of  the  state  surveyor 
general  pursuant  to  the  provisions  of  said  act,  and  payment  of  the  pur- 
chase price  was  made  April  14,  1856,  and  certificate  of  purchase  No.  70, 
for  said  land,  was  issued  December  20,  1859,  to  said  Peter  Anderson; 
and. 

Whereas,  When  patent  was  requested  for  said  land  in  1911,  it  was 
determined  that  said  land  was  just  within  the  area  withheld  from  sale 
by  said  act  of  1855;  and, 

Whereas,  The  subsequent  acts  of  April  28,  1858,  and  March  28,  1868, 
did  not  preclude  from  sale  the  lands  within  said  ten  mile  limit;  now 
therefore, 

The  people  of  the  state  of  California  do  enact  as  follows: 

Patent  to  Peter  Anderson. 

§  1.     The  register  of  the  state  land  office,  upon  the  surrender  of  the 

certificate  of  purchase  number  70,  issued  December  20,  1859,  to  Peter 
Anderson  for  the  northeast  quarter  of  southeast  quarter  of  section  10, 
township  3  south,  range  3  w^est,  Mount  Diablo  meridian,  must  prepare 
a  patent  for  the  said  land,  the  said  patent  to  be  issued  in  the  name  of 
Peter  Anderson — the  patent  must  then  be  signed  by  the  governor — at- 
tested by  the  secretarj'  of  state,  sealed  with  the  great  seal  of  the  state  and 
be  countersigned  by  the  register;  and  the  said  patent  shall  be  deemed  and 
held  to  convey  thelegal  title  to  the  said  land,  and  the  state  of  California 
does  hereby  grant  to  the  said  Peter  Anderson,  or  his  assigns,  grantees 
or  successors  in  interest,  all  its  right,  title  and  interest  in  and  to  the  said 
northeast  quarter  of  southeast  quarter  of  section  10,  township  3  south, 
range  3  west.  Mount  Diablo  meridian. 


1725  PUBLIC  PARKS.  Acts  2872-2884 

ACT  2872. 

Citations.     App.   15/440,  442,   443. 

ACT  2875a. 

An  act  to  prevent  the  destruction  of  wild  game  within  certain  territory- 
lying  within  the  boundaries  of  the  Cleveland  national  forest,  in  the 
state  of  California,  and  providing  a  penalty  therefor. 
[Approved  June  16,  1913.     Stats.  1913,  p.  952.] 

Penalty  for  hunting  in  Cleveland  national  forest. 

§  1.  Every  person  who  shall  hunt,  pursue,  kill  or  destroy  any  wild 
game  of  any  kind  within  that  certain  territory  embraced  in  the  Cleve- 
land national  forest,  more  particularly  described  as  follows,  to  wit:  "The 
east  one-half  of  township  5  south,  range  7  west;  all  of  township  7;  all 
of  township  5  south,  range  6  west,  except  sections  1,  2,  3,  4,  10,  11  and 
12;  all  of  township  6  south,  range  5  west;  all  in  San  Bernardino  base  and 
meridian,  in  the  state  of  California,"  is  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  punished  by  a  fine  of  not  less  than  one  hun- 
dred, nor  more  than  five  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  of  the  county  in  which  the  conviction  shall  be  had,  not  less 
than  fifty  days  nor  more  than  two  hundred  days,  or  by  both  such  fine 
and  imprisonment. 

Not  applicable  to  lions,  etc. 

§  2,  The  provisions  of  this  act  shall  not  apply  to  the  hunting,  pursu- 
ing, killing  or  destroying  of  California  lions,  wildcats  or  coyotes  under 
a  permit  therefor  issued  by  the  fish  and  game  commission  of  California. 

TITLE  404. 

PUBLIC   PARKS. 
ACT  2884. 

An  act  to  provide  for  the  acquisition  by  municipalities  of  land  for  public 
park  or  public  playground  purposes  by  condemnation,  and  for  tho  es- 
tablishment of  assessment  districts  and  the  assessment  of  property 
therein  to  pay  the  expenses  of  acquiring  such  land. 

[Approved  April  22,  1909.     Stats.  1909,  p.  1066.] 
Amended  Ex.  Sess.  1911,  p.  17;   1913,  p.  414. 
The  amendments  of  1911  and  1913  follow: 

Purposes  for  which  land  may  be  acquired. 

§  1.  Whenever  the  public  interest  or  convenience  may  require,  the 
city  council  of  any  municipality  shall  have  full  power  and  authority  to 
acquire  by  condemnation  any  land  situate  in  such  municipality  for  pub- 
lic park,  public  playground,  or  public  library  purposes.  [Amendment 
approved  December  23,  1911;  Stats.  Ex.  Sess.  1911,  p.  17.] 


Aet2884,  §§3, 31^  general  laws.  1726 

street  superintendent  to  post  notices  of  improvement.  Publication. 
Notice  to  owners.     Form  of  notice.     AfSdavit  of  clerk. 

§  3.  The  street  superintendent  shall  thereupon  cause  to  be  conspicu- 
ously posted  as  near  as  may  be  along  the  exterior  boundary  lines  of  the 
land  proposed  to  be  condemned,  as  described  in  the  ordinance  of  inten- 
tion, at  not  more  than  one  hundred  feet  in  distance  apart  notices  (not 
less  than  three  in  all)  of  the  passage  of  said  ordinance.  Said  notice  shall 
be  headed  "Notice  of  public  improvement"  in  letters  not  less  than  one 
inch  in  length,  shall  be  in  legible  characters,  and  shall  state  the  fact 
and  date  of  tire  passage  of  said  ordinance,  and  briefly  describe  the  im- 
provement proposed  and  refer  to  said  ordinance  for  further  particulars. 
Said  street  superintendent  shall  also  cause  a  notice  similar  in  substance 
to  be  published  for  a  period  of  five  days  in  a  daily  newspaper  published 
and  circulate-d  in  said  municipality  and  designated  by  said  city  council 
for  that  purpose,  or  if  there  is  no  such  daily  newspaper  so  published, 
then  by  four  successive  insertions  in  a  weekly  or  semi-weekly  newspaper, 
so  published,  circulated  and  designated.  The  city  clerk  shall  immediately 
upon  the  passage  of  said  ordinance  mail,  postage  prepaid,  to  each  owner 
of  property  in  the  district  to  be  assessed  to  pay  the  costs  and  expenses 
of  said  improvement,  at  his  last  known  address  as  the  same  appears  on 
the  tax-roll  of  said  city,  a  postal  card  containing  a  notice  which  will  be 
in  the  following  or  substantially  the  following  form  (filling  blanks): 

You  are   hereby  notified  that  on  the  day  of  19 —  the   city 

council  of  the  city  of  ,  California,  by  virtue  of  the  "Park  and  play- 
ground act  of  1909"  passed  an  ordinance  of  intention  numbered  for 

the  condemnation  of  certain  land  for  park  or  playground  purposes.  You 
are  hereby  referred  to  said  ordinance  of  intention  for  further  particulars. 
Property  belonging  to  you  is  in  the  district  to  be  assessed  for  this  im- 
provement. 

City  Clerk. 
The  city  clerk  shall  immediately  upon  the  completion  of  the  mailing 
of  said  postal  cards  file  in  the  office  of  the  superintendent  of  streets  an 
affidavit  setting  forth  the  time  and  manner  of  his  compliance  of  this 
requirement;  provided,  however,  that  the  failure  of  the  city  clerk  to  mail 
said  cards  or  the  failure  of  the  property  owners  to  receive  same  shall  in 
no  wise  affect  the  validity  of  the  proceedings  or  prevent  the  city  council 
from  acquiring  jurisdiction  to  order  the  improvement;  provided  further, 
however,  that  the  city  council  shall  not  pass  any  ordinance  ordering  the 
improvement  until  such  affidavit  is  made  and  filed  as  herein  prescribed. 
[Amendment  approved  June  6,  1913;  Stats.  1913,  p.  414.] 

Affidavit  of  person  posting  notices.     Objection  to  sufficiency  of.     Deter- 
mination  of   council    final.     Reposting    notices.     Protest.      Hearing. 
Ordinance  ordering  work. 
§  3J.     Upon  the  completion  of  the  posting  of  the  notices  as  provided 

in  section  3,  the  street  superintendent  shall  cause  to  be  made  and  filed 


1727  PUBLIC  PARKS.  Act  2884,  §  31/2 

in  his  office  an  affidavit  of  the  person  or  persons  who  posted  said  notices 
to  the  effect  that  said  notices  were  posted  as  near  as  possible  along  the 
exterior  boundary  lines  of  the  land,  as  described  in  the  ordinance  of  inten- 
tion, which  it  is  proposed  to  condemn,  at  not  more  than  one  hundred  feet 
apart  and  not  less  than  three  in  all,  and  shall  cause  a  notice  to  be  pub- 
lished by  one  insertion  in  a  daily,  weekly  or  semi-weekly  newspaper  pub- 
lished and  circulated  in  said  city  stating  in  substance  that  the  affidavit 
or  affidavits  of  posting  said  notices  as  near  as  possible  along  the  exterior 
Imundary  lines  of  the  land  described  in  the  ordinance  of  intention,  which 
it  is  proposed  to  condemn,  has  been  filed  in  his  office,  specifying  the  date 
of  such  filing  and  that  all  persons  desiring  to  object  to  the  sufficiency  of 
such  posting  shall  file  written  objections  thereto  with  the  city  council 
not  more  than  twenty  days  after  the  publication  of  said  notices.  Any 
jiroperty  owner  in  the  assessment  district  shall  have  the  right  to  object 
to  the  sufficiency  of  the  posting  of  said  notices  within  twenty  days  after 
the  publication  of  said  notice  that  the  affidavit  or  affidavits  of  the  post- 
ing of  notices  has  been  filed.  If  any  such  objection  shall  be  filed  within 
the  time  herein  provided  the  city  council  shall  set  a  time  for  the  hearing 
of  the  same,  which  time  of  hearing  shall  not  be  later  than  ten  days  after 
the  expiration  of  said  twenty  days  herein  allowed  for  the  filing  of  the 
objections  to  the  sufficiency  of  the  posting  of  said  notices,  and  the  clerk 
of  the  city  council  shall,  in  writing,  notify  each  protestant  of  the  time 
and  place  of  such  hearing.  At  such  hearing  the  city  council  shall  have 
}>ower  to  overrule  or  sustain  any  such  objection  and  its  determination 
thereon  shall  be  final  and  conclusive  as  to  the  sufficiency  of  said  posting. 
If  the  city  council  shall  sustain  any  such  objection  it  shall  direct  the 
street  superintendent  to  post  or  repost  the  notices  as  near  as  possible 
along  the  exterior  boundary  lines  of  the  land  proposed  to  be  condemned 
as  described  in  the  ordinance  of  intention,  whereon  it  shall  have  been 
determined  by  the  city  council  that  the  posting  of  said  notices  was 
insufficient.  Upon  being  so  directed,  the  street  superintendent  shall 
post  notices  as  directed  by  the  city  council  and  cause  to  be  made  and 
filed  in  his  office  an  affidavit  to  the  effect  that  said  notices  have  been 
posted  in  the  manner  and  location  designated  by  the  city  council  in  its 
order  directing  the  said  notices  to  be  so  posted  or  reposted.  He  shall 
also  cause  to  be  published  by  one  insertion  in  a  daily,  weekly  or  semi- 
weekly  newspaper  published  and  circulated  in  said  city,  a  notice  to  the 
effect  that  such  posting  has  been  made  in  accordance  with  the  direction 
of  the  city  council  and  notifying  all  owners  of  property  within  the  assess- 
ment district  that  they  have  ten  days  from  the  date  of  the  said  publica- 
tion in  which  to  file  "any  protest  provided  for  in  section  4  of  this_  act, 
and  any  owner  of  property  within  the  assessment  district  may  within 
ten  days  file  such  protest.  Any  protest  filed  must  comply  with  the  pro- 
visions of  section  4  hereof  in  all  respects,  except  as  to  the  time  of  the 
filing  of  the  same,  and  shall  have  the  same  force  and  effect  as  protests  as 
those  provided  for  bv  said  section  4.  Upon  the  filing  of  such  protests 
the  city  council  shall'fix  a  time  and  place  for  the  hearing  thereof,  which 


Act  2884,  §  8  GENERAli  LAWS.  1728 

shall  be  not  later  than  fifteen  days  from  the  filing  of  sneh  protests.  Upon 
such  hearing  the  city  council  shall  pass  upon  such  protests  in  the  manner 
and  with  the  effect  provided  in  section  4  of  this  act  and  if  an  ordinance 
ordering  said  improvement  has  been  passed  prior  to  the  filing  of  any 
objection  to  the  sufficiency  of  the  posting  of  notices  and  on  such  subse- 
quent hearing  it  is  found  that  the  protests  are  signed  by  the  owners  of 
a  majority  of  the  frontage  of  the  property  fronting  on  streets  or  parts 
of  streets  within  the  assessment  district,  or  if  said  city  council  shall  sus- 
tain such  protests  such  ordinance  ordering  the  work  shall  be  repealed. 
If  any  such  objections  are  filed  and  the  city  council,  after  hearing,  de- 
termine that  the  posting  of  said  notices  was  sufficient,  it  may  pass  an 
ordinance  ordering  the  work  provided  no  such  ordinance  has  already  been 
passed.  If  no  objections  to  the  sufficiency  of  the  posting  of  tlie  notices 
are  filed  within  the  time  herein  allowed  for  the  filing  of  such  objections, 
or  if  objections  are  filed  and  overruled  by  the  city  council,  as  herein 
provided,  all  persons  shall  forever  be  precluded  from  raising  any  objec- 
tion to  the  validity  of  the  proceedings  on  the  ground  that  the  notices 
were  not  posted  as  required  by  law.  [New  section  approved  .lune  6, 
1913;  Stats.  1913,  p.  415.] 

Setting  action  for  trial.  Referees.  View  of  lands.  Report  of  findings. 
Measure  of  compensation. 
§  8.  When  all  parties  defendant  to  the  action  have  answered,  or  have 
been  served  with  summons,  and  their  default  entered,  the  plaintiff  or 
any  party  defendant  to  the  action  whose  default  has  not  been  so  entered, 
may,  upon  five  days'  notice  to  the  parties,  except  defendants  in  default, 
move  the  court  to  set  the  action  for  trial.  If,  upon  the  hearing  of  such 
motion,  a  trial  by  jury  or  by  the  court  without  a  jury  is  not  demanded 
by  the  defendants,  or  any  of  them,  or  by  the  plaintiff,  such  trial  shall  be 
deemed  to  be  waived,  and  the  court  must  appoint  three  disinterested 
persons  referees,  to  ascertain  the  compensation  to  be  paid  to  such  defend- 
ants so  waiving  a  trial  by  a  jury,  or  by  the  court  without  a  jury.  Such 
referees  must  be  residents  of  the  municipality  where  such  improvement 
is  to  be  made,  and  over  the  age  of  twenty-one  years,  and  must  take  and 
file  with  the  court  an  oath  to  discharge  their  duties  faithfully  and  im- 
partially. If  any  of  such  referees  fails  to  qualify,  or  resigns,  or  is 
removed  by  order  of  court,  or  is  or  becomes  unable  to  act,  the  vacancy 
so  created  shall  be  filled  by  the  court.  The  referees  shall  at  once  proceed 
to  view  the  lands  sought  to  be  condemned,  and  ascertain  the  compensa- 
tion proper  to  be  paid  to  such  of  the  parties  interested  in  each  parcel 
thereof  as  have  waived  a  trial  by  a  jury,  or  by  the  court.  They  shall 
have  power  to  examine  witnesses  under  oath,  to  be  administered  by  any 
of  them,  and  may  have  subpoenas  issued  by  the  clerk  of  the  court,  re- 
quiring the  attendance  of  witnesses,  or  the  production  of  evidence  before 
them.  They  shall  make  and  file  with  the  court  a  written  report  of  their 
findings,  and  of  their  necessary  expenses,  within  thirty  days  after  the 
date  of  their  appointment;   provided,  however,  that  the  time  so  allowed 


1729  PUBLIC  PARKS.  Act  2884,  §  9 

may  be  extended,  upon  good  cause  shown,  by  the  court  or  judge  thereof, 
but  such  extenoion  shall  not  exceed  ninety  days;  and  provided  further, 
that  if  any  vacancy  in  the  referees  is  created  and  filled  as  provided  in. 
this  section,  or  if  new  referees  are  appointed,  or  if  a  new  report  from 
the  same  referee  is  ordered,  as  provided  in  section  9  of  this  act,  the 
time  herein  specified  for  the  filing  of  such  report  shall  be  deemed  to  be 
thirty  days  from  the  date  of  the  order  filling  such  vacancy,  or  appoint- 
ing new  referees,  or  ordering  a  new  report  from  the  same  referees,  and 
the  same  may  be  extended  accordingly,  as  above  provided.  Any  two  of 
such  referees  who  agree  thereto,  may  make  such  report.  For  the  purpose 
of  assessing  the  compensation  and  damages  the  right  thereto  shall  be 
deemed  to  have  accrued  at  the  date  of  the  order  appointing  referees  or 
of  the  order  setting  the  cause  for  trial,  as  the  case  may  be,  and  its  actual 
value  at  that  date  shall  be  the  measure  of  compensation  for  all  property 
to  be  actually  taken,  and  the  basis  of  damages  to  property  not  actually 
taken,  but  injuriously  affected,  in  all  cases  where  such  damages  are  al- 
lowed by  the  provisions  of  this  act.  No  improvements  placed  upon  the 
property  proposed  to  be  taken,  subsequent  to  the  date  of  the  publishing 
of  the  notice  of  the  passage  of  the  ordinance  of  intention,  shall  be 
included  in  the  assessment  of  compensation  or  damages.  The  referees, 
or  court,  or  jury,  as  the  case  may  be,  shall  find  separately: 

First — The  value  of  each  parcel  of  property  sought  to  be  condemned, 
and  all  improvements  thereon  pertaining  to  the  realty,  and  of  each  sepa- 
rate estate  or  interest  therein; 

Second — If  any  parcel  of  property  sought  to  be  condemned  is  only  a 
part  of  a  larger  parcel,  the  damages  which  will  accrue  to  the  portion  not 
sought  to  be  condemned,  and  to  each  separate  estate  or  interest  therein, 
by  reason  of  its  severance  from  the  portion  sought  to  be  condemned,  and 
the  construction  of  the  improvement  in  the  manner  proposed  by  the 
plaintiff.  Such  damages  must  be  fixed  irrespective  of  any  benefit  from 
such  improvement.  [Amendment  approved  June  6,  1913;  Stats.  1913, 
p.  417.] 

Hearing  on  report.     Exceptions.     Notice  of  filing.     Who  may  intervene. 
Court  may  confirm,  etc.,  report.     Trial  by  jury.     Interlocutory  judg- 
ment.    Referee's  compensation. 
§  9.     Upon  the  filing  of  such  report  the  court  must,  upon  motion  of  any 
party,  appoint   a  day  for   hearing  the   same,   not  less  than   twenty   days 
thereafter.     Notice  of  the  time  and  place  of  said  hearing  must,  at  least 
ten  days  before  the  time  so  appointed,  be  served  on  all  the  other  parties, 
except'^defendants  whose  default  has  been  entered.     The  "plaintiff,  or  any 
defendant  who  has  answered,  may  file  exceptions  in  writing  to  said  re- 
port,  specifving  the   grounds   upon   which   such   exceptions   are  based,   at 
any  time  within  not  less  than  one  day  prior  to  the  hearing;  and  any  such 
party  so  filing  exceptions  to  said   report,  may  api)ear  at  the  hearing  of 
said  report  and  contest  the  same.     In  addition  to  the  notit-e  hereinbefore 
provided,  the  clerk  of   the  court  must   give  notice  of  the  filing  of  said 
109 


Act  2884,  §  9  GENERAL   LAWS.  1730 

report,  and  of  the  time  and  place  appointed  for  the  hearing  of  the  same, 
to  all  persons  owning  or  having  an  interest  in  any  property,  included 
within  the  assessment  district  for  said  improvement  described  in  the 
ordinance  of  intention,  by  causing  said  notice  last  mentioned  to  be  pub- 
lished for  five  days  in  a  daily  newspaper  published  and  circulated  in 
the  city;  or,  if  there  be  no  such  daily  newspaper,  then  by  two  insertions 
in  a  we^lcly  newspaper  so  published  and  circulated.  Any  publication  of 
such  notice  shall  commence  at  least  ten  days  before  the  time  appointed 
for  the  hearing  of  the  report.  Said  notice  shall  require  all  persons  own- 
ing or  having  an  interest  in  any  property  included  within  said  assessment 
district  for  said  improvement  to  intervene  in  said  action,  and  file,  in  the 
office  of  the  clerk  of  said  court,  his  exceptions  in  writing  to  said  report, 
if  any  he  has,  specifying  the  grounds  upon  which  such  exceptions  are 
based.  Said  notice  shall  also  contain  a  description  of  the  said  assess- 
ment district  as  set  forth  in  the  ordinance  of  intention.  At  any  time 
within  not  less  than  one  day  prior  to  the  hearing,  any  person  not  a  party 
to  the  action,  owning  or  having  an  interest  in  any  property  included 
within  said  assessment  district,  may  intervene  in  the  action,  and  file  his 
exceptions  in  writing  to  said  report,  specifying  the  grounds  upon  which 
such  exceptions  are  based;  and  any  such  person  so  intervening  may 
appear  and  contest  the  said  report,  and  introduce  evidence  in  support  of 
such  exceptions.  After  hearing  the  report,  and  any  exceptions  thereto, 
the  court  may  confirm  the  report,  or  may  modify  it  and  confirm  it  as 
modified,  or  may  set  it  aside  and  order  a  new  report  from  the  same 
referees,  or  from  any  referees  to  be  appointed.  If  new  referees  are 
appointed,  the  same  proceedings  shall  be  had  as  upon  the  first  reference. 
If  there  be  a  trial  of  the  action  by  a  jury,  or  by  the  court  without  a 
jury,  the  cl«rk  of  the  court  must  give  notice  of  the  time  and  place  of 
such  trial  to  all  persons  owning  or  having  an  interest  in  any  property 
within  said  assessment  district  for  said  improvement.  Said  notice  shall 
be  published  in  the  same  manner  and  for  the  same  time  as  the  notice 
hereinbefore  in  this  section  required  to  be  given  by  said  clerk,  and 
shall  require  all  persons  owning  or  having  an  interest  in  any  property 
included  within  said  assessment  district  for  said  improvement,  to  inter- 
vene in  said  action,  and  to  appear  at  the  trial  thereof  and  introduce 
evidence  relative  to  the  compensation  and  damages  to  be  awarded  to  the 
defendants  therein.  At  any  time  within  not  less  than  one  day  prior  to 
the  trial,  any  person  not  a  party  to  the  action,  having  an  interest  in  any 
property  included  within  said  assessment  district,  may  intervene  in  the 
action,  and,  upon  the  trial  thereof,  may  appear  and  introduce  evidence 
relative  to  the  compensation  and  damages  to  be  awarded  to  the  defend- 
ants therein.  The  cost  of  the  publication  of  the  notices  required  by  this 
section  shall  be  paid  by  the  plaintiff,  and  allowed  as  costs  in  the  action. 
When  a  time  has  been  appointed  for  hearing  the  report  of  the  referees, 
or  for  the  trial  of  the  action,  and  notice  thereof  has  been  given  by  the 
clerk  by  publication  as  in  this  section  provided,  if  the  hearing  or  trial 
be    postponed    or    continued    by    the    court    to    any    subsequent    date,  no 


1731  PUBLIC  PARKS.  Act  2884,  §§  13, 19 

such  notice  need  be  given  by  the  clerk  of  the  hearing  or  trial  upon  any 
such  postponement  or  continuance.  Upon  the  confirmation  of  the  report 
of  the  referees,  or  receipt  of  the  verdict  of  the  jury,  or  the  filing  of  the 
findings  of  the  court,  the  court  shall  make  and  enter  an  interlocutory 
judgment  in  accordance  with  such  report,  verdict  or  findings,  adjudging 
that  upon  payment  to  the  respective  parties,  or  into  court  for  their  bene- 
fit, of  the  several  amounts  found  due  them  as  compensation,  and  of  the 
costs  allowed  to  them,  the  property  involved  in  the  action  shall  be  con- 
demned to  the  use  of  the  plaintiff,  and  dedicated  to  the  use  specified  in 
the  complaint.  The  court  shall  allow  to  the  referees,  as  costs  to  be  paid 
by  the  plaintiff,  a  reasonable  compensation  for  their  services,  the  amount 
of  which  compensation  shall  be  fixed  by  the  court  upon  the  hearing  of 
the  report,  and  their  necessary  expenses.  [Amendment  approved  June  6, 
1913;  Stats.  1913,  p.  418.] 

Delivery  of  diagram.     Completion  of  assessment.     Total  expense. 

§  13.  The  city  engineer  shall  deliver  said  diagram  to  the  street 
superintendent,  and  shall  indorse  thereon  the  date  of  such  delivery.  The 
street  superintendent  upon  receiving  the  said  diagram,  shall  proceed  to 
assess  the  total  expenses  of  the  proposed  improvement  upon  and  against 
the  lands,  including  the  property  of  any  railroad  or  street  railroad  within 
said  assessment  district,  except  the  land  to  be  taken  for  such  improve- 
ment, in  proportion  to  the  benefits  to  be  received  from  said  improvement. 
The  street  superintendent  shall  complete  said  assessment  within  ninety 
days  after  the  receipt  by  him  of  said  diagram;  provided,  however,  that 
the  city  council  may,  by  resolution,  extend  the  time  for  completing  said 
assessment  for  a  period  not  exceeding  sixty  days  additional.  The  total 
expenses  of  the  improvement  so  to  be  assessed  shall  include  the  amounts 
awarded  to  the  defendants  by  the  interlocutory  judgment  in  the  action 
for  condemnation,  and  all  other  costs  of  the  plaintiff  in  such  action,  the 
expenses  of  making  the  assessments  and  all  expenses  necessarily  incurred 
by  said  municipality,  in  connection  with  the  proposed  improvement,  for 
maps,  diagrams,  plans,  surveys,  searches  and  certificates  of  title  to  the 
property  to  be  taken,  and  all  other  matters  incident  thereto.  [Amend- 
ment approved  June  6,  1913;  Stats.  1913,  p.  419.] 

Delinquent  assessment  list.     Publication. 

§  19.  The  street  superintendent  shall,  within  thirty  days  from  the 
date  of  such  delinquency,  begin  the  publication  of  a  list  of  the  delin- 
quent assessments,  which  list  must  contain  a  description  of  each  parcel 
of  property  delinquent,  and  opposite  or  against  each  description,  the 
name  of  the  owner  as  stated  in  the  assessment-roll,  and  the  amount  of 
the  assessment,  penalty,  and  costs  due,  including  the  cost  of  advertising, 
which  last  shall  not  exceed  the  sum  of  fifty  cents  for  each  lot,  piece  or 
parcel  of  land,  separately  assessed.  The  street  superintendent  shall  ap- 
pend to  and  publish  with  said  delinquent  list  a  notice  that  unless  each 
delinquent   assessment,  together  with   the   penalty  and   costs  thereon,   is 


Act  2886,  §§  1,  2  GENERAL   LAWS.  1732 

paid,  the  property  upon  which  such  assessment  is  a  lien,  will  be  sold  at 
public  auction  at  a  time  and  place  to  be  specified  in  the  notice.  The 
publication  must  be  made  for  a  period  of  ten  days,  in  some  daily  news- 
paper published  and  circulated  in  the  municipality,  or  for  three  weeks 
in  .a  weekly  newspaper  so  published  and  circulated.  The  time  of  sale 
must  not  be  less  than  five  days,  nor  more  than  ten  days,  after  the  expira- 
tion of  the  period  of  publication  of  said  list,  and  the  place  of  sale  must 
be  in,  or  in  front  of,  the  office  of  the  street  superintendent.  [Amend- 
ment approved  June  6,  1913;  Stats.  1913,  p.  420.] 

How  designated. 

§  32.  The  provisions  of  this  act  shall  be  liberally  construed  to  pro- 
mote the  objects  thereof.  This  act  may  be  designated  and  referred  to 
as  the  "park  and  plavground  act  of  1909."  [Amendment  approved  June 
6,  1913;  Stats.  1913,  p.  420.] 

TITLE  404a, 

PUBLIC  UTILITIES. 

ACT  2886. 

An  act  to  provide  for  the  organization  of  the  railroad  commission,  to 
define  its  powers  and  duties  and  the  rights,  remedies,  powers  and 
duties  of  public  utilities,  their  officers,  define  its  powers  and  duties 
and  the  rights,  remedies,  of  patrons  of  public  utilities,  and  to  provide 
penalties  for  offenses  by  public  utilities,  their  officers,  agents  and 
etaployees  and  by  other  persons  and  corporations,  creating  the  "rail- 
road commission  fund"  and  appropriating  the  moneys  therein  to 
carry  out  the  provisions  of  this  act,  and  repealing  the  railroad  com- 
mission act,  approved  February  10,  1911,  and  also  repealing  an  act 
entitled  "An  act  to  amend  the  railroad  commission  act  by  amending 
section  15  thereof  relating  to  powers  and  duties  of  the  railroad 
commission  of  the  state  of  California,  and  to  amend  section  37 
thereof  relating  to  free  and  reduced  rate  transportation  for  freight 
and  passengers,"  approved  April  6,  1911,  and  all  acts  and  parts  of 
acts  inconsistent  with  the  provisions  of  this  act. 

[Approved  December  23,  1911.     Stats.  Ex.  Sess.  1911,  p.  18.] 
Amended  1913,  pp.   683,   934. 

Title  and  application. 

§  1.  This  act  shall  be  known  as  the  "Public  Utilities  Act"  and  shall 
apply  to  the  public  utilities  and  public  services  herein  described  and  to 
the  commission  herein  referred  to. 

Definitions:  "Commission." 

§  2.  (a)  The  term  "commission,"  when  used  in  this  act,  means  the 
railroad  commission  of  the  state  of  California. 

"Commissioner." 

(b)  The  term  "commissioner,"  when  used  in  this  act,  means  one  of  the 
members  of  the  commission. 


1733  PUBLIC  UTILITIES.  "      Act  2886,  §  2 

"Corporation." 

(c)  The  term  "corporation,"  when  used  in  this  act,  includes  a  corpora- 
tion, a  company,  an  association  and  a  joint  stock  association. 

"Person." 

(d)  The  term  "person,"  when  used  in  this  act,  includes  an  individual, 
a  firm  and  a  copartnership. 

"Transportation  of  persons." 

(e)  The  term  "transportation  of  persons,"  when  used  in  this  act,  in- 
cludes every  service  in  connection  with  or  incidental  to  the  safety,  com- 
fort or  convenience  of  the  person  transported  and  the  receipt,  carriage 
and  delivery  of  such  person  and  his  baggage. 

"Transportation  of  property." 

(f)  The  term  "transportation  of  property,"  when  used  in  this  act, 
includes  every  service  in  connection  with  or  incidental  to  the  transporta- 
tion of  property,  including  in  particular  its  receipt,  delivery,  elevation, 
transfer,  switching,  carriage,  ventilation,  refrigeration,  icing,  dunnage, 
storage  and  handling,  and  the  transmission  of  credit  by  express  corpora- 
tions. 

"Street  railroad." 

(g)  The  term  "street  railroad,"  when  used  in  this  act,  includes  every 
railway,  and  each  and  every  branch  or  extension  thereof,  by  whatsoever 
power  operated,  being  mainly  upon,  along,  above  or  below  any  street, 
avenue,  road,  highway,  bridge  or  public  place  within  any  city  and  county, 
or  city  or  town,  together  with  all  real  estate,  fixtures  and  personal  prop- 
erty of  every  kind  used  in  connection  therewith,  owned,  controlled, 
operated  or  managed  for  public  use  in  the  transportation  of  persons  or 
property;  but  the  term  "street  railroad,"  when  used  in  this  act,  shall  not 
include  a  railway  constituting  or  used  as  a  part  of  a  commercial  or  inter- 
urban  railway. 

"Street  railroad  corporation." 

(h)  The  term  "street  railroad  corporation,"  when  used  in  this  act,  in- 
cludes every  corporation  or  person,  their  lessees,  trustees,  receivers  or 
trustees  appointed  by  any  court  whatsoever,  owning,  controlling,  operating 
or  managing  any  street  railroad  for  compensation  within  this  state. 

"Railroad." 

(i)  The  term  "railroad,"  when  used  in  this  act,  includes  every  commer- 
cial, interurban  and  other  railway  other  than  a  street  railroad,  and  each 
and  every  branch  or  extension  thereof,  by  whatsoever  power  operated, 
together  with  all  tracks,  bridges,  trestles,  rights  of  way,  subways,  tun- 
nels, stations,  depots,  union  depots,  ferries,  yards,  grounds,  terminals, 
terminal  facilities,  structures  and  equipment,  and  all  other  real  estate, 
fixtures  and  personal  proj)erty  of  every  kind  used  in  connection  therewith, 
owned,  controlled,  operated  or  managed  for  public  use  in  the  transporta- 
tion of  persons  or  property. 


Act  2886,  §  2         -  GENERAL   LAWS.  1734 

"Railroad  corporation." 

(j)  The  term  "railroad  corporation,"  when  used  in  this  act,  includes 
every  corporation  or  person,  their  lessees,  trustees,  receivers  or  trustees 
appointed  by  any  court  whatsoever,  owning,  controlling,  operating  or 
managing  any  railroad  for  compensation  within  this  state. 

"Express  corporation." 

(k)  The  term  "express  corporation,"  when  used  in  this  act,  includes 
every  corporation  or  person,  their  lessees,  trustees,  receivers  or  trustees 
appointed  by  any  court  whatsoever,  engaged  in  or  transacting  the  busi- 
ness of  transporting  any  freight,  merchandise  or  other  property  for  com- 
pensation on  the  line  of  any  common  carrier  or  stage  or  auto  stage  line 
within  this  state. 

"Common  carrier." 

(1)  The  term  "common  carrier,"  when  used  in  this  act,  includes  every 
railroad  corporation;  street  railroad  corporation;  express  corporation; 
dispatch,  sleeping-car,  dining-car,  drawing-room  car,  freight,  freight-line, 
refrigerator,  oil,  stock,  fruit,  car-loaning,  car-renting,  car-loading  and  every 
other  car  corporation  or  person,  their  lessees,  trustees,  receivers  or  trustees 
appointed  by  any  court  whatsoever,  operating  for  compensation  within 
this  state;  and  every  corporation  or  person,  their  lessees,  trustees,  receiv- 
ers or  trustees  appointed  by  any  court  whatsoever,  owning,  controlling, 
operating  or  managing  any  vessel  regularly  engaged  in  the  transportation 
of  persons  or  property  for  compensation  upon  the  waters  of  this  state 
or  upon  the  high  seas,  over  regular  routes  between  points  within  this 
state. 

"Pip€-line." 

(m)  The  term  "pipe-line,"  when  used  in  this  act,  includes  all  real  es- 
tate, fixtures  and  personal  property,  owned,  controlled,  operated  or  man- 
aged in  connection  with  or  to  facilitate  the  transmission,  storage,  distri- 
bution or  delivery  of  crude  oil  or  other  fluid  substances  except  water 
through  pipe-lines. 

"Pipe-line  corporation." 

(n)  The  term  "pipe-line  corporation,"  when  used  in  this  act.  includes 
every  corporation  or  person,  their  lessees,  trustees,  receivers  or  trustees 
appointed  by  any  court  whatsoever,  owning,  controlling,  operating  or 
managing  any  pipe  line  for  compensation  within  this  state. 

"Gas  plant." 

(o)  The  term  "gas  plant,"  when  used  in  this  act,  includes  all  real 
estate,  fixtures  and  personal  property,  owned,  controlled,  operated  or 
managed  in  connection  with  or  to  facilitate  the  production,  generation, 
transmission,  delivery  or  furnishing  of  gas  (natural  or  manufactured) 
for  light,  heat  or  power. 

"Gas  'Corporation." 

( u)  Tho  term  "gas  corporation,"  when  used  in  this  act,  includes  every 
corporation    or    person,  their    lessees,  trustees,  receivers  or  trustees    ap- 


1735  PUBLIC  UTILITIES,  Act  2886,  §  2 

pointed  by  any  court  whatsoever,  ownin«r,  eontrollingf,  operating  or 
managing  any  gas  plant  for  compensation  within  this  state,  except  where 
gas  is  made  or  produced  on  and  distributed  by  the  maker  or  producer 
through  private  property  alone  solely  for  his  own  use  or  the  use  of  his 
tenants  and  not  for  sale  to  others. 

"Electric  plant." 

(q)  The  term  "electric  plant,"  when  used  in  this  act,  includes  all  real 
estate  fixtures  and  personal  property  owned,  controlled,  operated  or  man- 
aged in  connection  with  or  to  facilitate  the  production,  generation,  trans- 
mission, delivery  or  furnishing  of  electricity  for  light,  heat  or  power, 
and  all  conduits,  ducts  or  other  devices,  materials,  apparatus  or  property 
for  containing,  holding  or  carrying  conductors  used  or  to  be  used  for  the 
transmission  of  electricity  for  light,  heat  or  power. 

"Electrical  corporation." 

(r)  The  term  "electrical  corporation,"  when  used  in  this  act,  includes 
every  corporation  or  person,  their  lessees,  trustees,  receivers  or  trustees 
appointed  by  any  court  whatsoever,  owning,  controlling,  operating  or 
managing  any  electric  plant  for  compensation  within  this  state,  except 
where  electricity  is  generated  on  or  distributed  by  the  producer  through 
private  property  alone  solely  for  his  own  use  or  the  use  of  his  tenants 
and  not  for  sale  to  others. 

"Telephone  line." 

(s)  The  term  "telephone  line,"  when  used  in  this  act,  includes  all 
conduits,  ducts,  poles,  wires,  cables,  instruments  and  appliances,  and 
all  other  real  estate,  fixtures  and  personal  property  owned,  controlled, 
operated  or  managed  in  connection  with  or  to  facilitate  communication 
by  telephone,  whether  such  communication  is  had  with  or  without  the  use 
of  transmission  wires. 

"Telephone  corporation." 

(t)  The  term  "telephone  corporation,"  when  used  in  this  act,  includes 
every  corporation  or  person,  their  lessees,  trustees,  receivers  or  trustees 
appointed  by  any  court  whatsoever,  owning,  controlling,  operating  or  man- 
aging any  telephone  line  for  compensation  within  this  state. 

"Telegraph  line." 

(u)  The  term  "telegraph  line,"  when  used  in  this  act,  includes  all  con- 
duits, ducts,  poles,  wires,  cables,  instruments  and  appliances,  and  all 
other  real  estate,  fixtures  and  personal  property  owned,  controlled,  oper- 
ated or  managed  in  connection  with  or  to  facilitate  communication  by 
telegraph,  whether  such  communication  is  had  with  or  without  the  use  of 
transmission  wires. 

"Telegraph  corporation." 

(v)  The  term  "telegraph  corporation,"  when  used  in  this  act,  includes 
every  corporation  or  person,  their  lessees,  trustees,  receivers  or  trustees 


Act  2886,  §  2  GENERAL   LAWS.  1736 

appointed   by   any   court   whatsoever,   owning,    controlling,    operating   or 
managing  any  telegraph  line  for  compensation  within  this  state. 

"Water  system." 

(w)  The  term  "water  system,"  when  used  in  this  act,  includes  all 
reservoirs,  tunnels,  shafts,  dams,  dikes,  headgates,  pipes,  flumes,  canals, 
structures  and  appliances,  and  all  other  real  estate,  fixtures  and  personal 
property,  owned,  controlled,  operated  or  managed  in  connection  with  or 
to  facilitate  the  diversion,  development,  storage,  supply,  distribution,  sale, 
furnishing,  carriage,  apportionment  or  measurement  of  water  for  power, 
irrigation,  reclamation  or  manufacturing,  or  for  municipal,  domestic  or 
other  beneficial  use. 

"Water  corporation." 

(x)  The  term  "water  corporation,"  when  used  in  this  act,  includes  every 
corporation  or  person,  their  lessees,  trustees,  receivers  or  trustees  ap- 
pointed by  any  court  whatsoever,  owning,  controlling,  operating  or  man- 
aging any  water  system  for  compensation  within  this  state. 

"Vessel." 

(y)  The  term  "vessel,"  when  used  in  this  act,  includes  every  species 
of  water  craft,  by  whatsoever  power  operated,  which  is  owned,  controlled, 
operated  or  managed  for  public  use  in  the  transportation  of  persons  or 
property. 

"Wharfinger." 

(z)  The  term  "wharfinger,"  when  used  in  this  act,  includes  every  cor- 
poration or  person,  their  lessees,  trustees,  receivers  or  trustees,  appointed 
by  any  court  whatsoever,  owning,  controlling,  operating  or  managing  any 
dock,  wharf  or  structure  used  by  vessels  in  connection  with  or  to  facilitate 
the  receipt  or  discharge  of  freight  or  passengers  for  compensation  within 
this  state. 

"Warehouseman." 

(aa)  Tlic  term  "warehouseman,"  when  used  in  this  act,  includes  every 
corporation  or  person,  their  lessees,  trustees,  receivers  or  tr«istees  ap- 
pointed by  any  court  whatsoever,  owning,  controlling,  operating  or  man- 
aging any  building  or  structure  in  which  property  is  regularly  stored  for 
compensation  within  this  state,  in  connection  with  or  to  facilitate  the 
transportation  of  property  by  a  common  carrier  or  vessel,  or  the  loading 
or  unloading  of  the  same,  other  than  dock,  wharf  or  structure,  owned, 
operated,  controlled  or  managed  by  wharfinger. 

"Public  utility." 

(bb)  The  term  "public  utility,"  when  used  in  this  act,  includes  every 
common  carrier,  pipe-line  corporation,  gas  corporation,  electrical  corpora- 
tion, telephone  corjioration,  telegraph  corporation,  water  corporation, 
wharfinger  and  warehouseman,  where  the  service  is  performed  for  or  the 
commodity   delivered   to   the   public    or   any   portion   thereof.     The    term 


1737  ;   PUBLIC  UTILITIES.  Act  2886,  §§  3, 4 

"public  or  anj'  portion  thereof"  as  herein  used  means  the  public  generally, 
or  any  limited  portion  of  the  public  including  a  person,  private  corpora- 
tion, municipality  or  other  political  subdivision  of  the  state,  for  which 
the  service  is  performed  or  to  which  the  commodity  is  delivered,  and 
whenever  any  common  carrier,  pipe-line  corporation,  gas  corporation, 
electrical  corporation,  telephone  corporation,  telegraph  corporation,  water 
corporation,  wharfinger  or  warehouseman  performs  a  service  or  delivers  a 
comMiodity  to  the  public  or  any  portion  thereof  for  which  any  compen- 
sation or  payment  whatsoever  is  received,  such  common  carrier,  pipe-line 
corporation,  gas  corporation,  electrical  corporation,  telephone  corporation, 
telegraph  corporation,  water  corporation,  wharfinger  or  warehouseman  is 
hereby  declared  to  be  a  public  utility  subject  to  the  jurisdiction,  control 
and  regulation  of  the  commission  and  the  provisions  of  this  act.  Further- 
more, when  any  person  or  corporation  f)erforms  any  service  or  delivers 
any  commodity  to  any  person  or  persons,  private  corporation  or  corpora- 
tions, municipality  or  other  political  subdivision  of  the  state,  which  in 
turn  either  directly  or  indirectly,  mediately  or  immediately,  perform  such 
service  or  deliver  such  commodity  to  or  for  the  public  or  some  portion 
thereof,  such  person  or  persons,  private  corporation  or  corporations  and 
each  thereof  is  hereby  declared  to  be  a  public  utility,  and  to  be  subject 
to  the  jurisdiction,  control  and  regulation  of  the  commission  and  to  the 
provisions  of  this  act.  [Amendment  approved  June  14,  1913;  Stats.  1913, 
p.  934.] 

Commission,  how  constituted.     Term  of  office.     President. 

§  3.  (a)  The  railroad  commission  shall  consist  of  five  members,  who 
shall  be  appointed  by  the  governor  from  the  state  at  large;  provided, 
that  the  tliree  commissioners  in  office  on  the  tenth  day  of  October,  1911, 
shall  serve  out  the  term  for  which  they  were  elected,  and  that  two  ad- 
ditional commissioners  shall  be  appointed  by  the  governor  to  hold  office 
during  the  same  term.  Upon  the  expiration  of  said  term  the  term  of 
office  of  each  commissioner  thereafter  shall  be  six  years,  excepting  that 
of  the  commissioners  first  appointed  after  the  expiration  of  said  terra 
one  shall  be  appointed  to  hold  office  until  the  first  day  of  January,  1917, 
two  until  the  fir.st  day  of  January,  1919,  and  two  until  the  first  day  of 
January,  1921.  The  commissioners  shall  elect  one  of  their  number  presi- 
dent of  the  commission. 

Vacancy,  how  filled.     Removal  of  conunissioner. 

(b)  Whenever  a  vacancy  in  the  office  of  the  commissioner  shall  occur, 
the  governor  shall  forthwith  appoint  a  qualified  person  to  fill  the  same 
for  the  unexpired  term.  The  legislature,  by  a  two-thirds  vote  of  all  mem- 
bers elected  to  each  house,  may  remove  any  one  or  more  of  said  commis- 
sioners from  office  for  dereliction  of  duty  or  corruption  or  incompetency. 

Attorney  to  commission. 

§  4.  The  commission  shall  have  power  to  appoint  as  attorney  to  the 
commission  an  attorney  at  law  of  this  state,  who  shall  hold  office  during 


Act  2886,  §  §  5-7  gexeral  laws.  1738 

the  pleasure  of  the  commission.  It  shall  be  the  right  and  the  duty  of 
the  attorney  to  represent  and  appear  for  the  people  of  the  state  of  Cali- 
fornia and  the  commission  in  all  actions  and  proceedings  involving  any 
question  under  this  act  or  under  any  order  or  act  of  the  commission,  and, 
if  directed  to  do  so  by  the  commission,  to  intervene,  if  possible,  in  any 
actron  or  proceeding  in  which  any  such  question  is  involved;  to  com- 
mence, prosecute  and  expedite  the  final  determination  of  all  actions  and 
proceedings  directed  or  authorized  by  the  commission;  to  advise  the  com- 
mission and  each  commissioner,  when  so  requested,  in  regard  to  all  matters 
in  connection  with  the  powers  and  duties  of  the  commission  and  the 
members  thereof;  and  generally  to  perform  all  duties  and  services  as 
attorney  to  the  commission  which  the  commission  may  require  of  him. 

Secretary.    Assistant  secretary. 

§  5.  The  commission  shall  appoint  a  secretary,  who  shall  hold  office 
during  its  pleasure.  It  shall  be  the  duty  of  the  secretary  to  keep  a 
full  and  true  record  of  all  proceedings  of  the  commission,  to  issue  all 
necessary  process,  writs,  warrants  and  notices,  and  to  perform  such  other 
duties  as  the  commission  may  prescribe.  The  commission  may  appoint 
an  assistant  secretary,  who  shall  have  all  the  powers  conferred  by  law 
upon  peace  officers  to  carry  weapons,  make  arrests  and  serve  warrants 
and  other  process  in  any  county  or  city  and  county  of  this  state.  The 
secretary  and  the  assistant  secretary  shall-  have  power  to  administer 
oaths,  certify  to  all  official  acts,  and  issue  subpoenas  for  the  attendance 
of  witnesses  and  the  production  of  papers,  waybills,  books,  accounts, 
documents  and  testimony  in  any  inquiry,  investigation,  hearing  or  pro- 
ceeding in  any  part  of  the  state.  [Amendment  approved  June  14,  1913; 
Stats.  1913,  p.  938.] 

Employees  of  commission. 

§  6.  The  commission  shall  have  power  to  employ,  during  its  pleasure, 
such  officers,  experts,  engineers,  statisticians,  accountants,  inspectors, 
clerks  and  employees  as  it  may  deem  necessary  to  carry  out  the  provi- 
sions of  this  act  or  to  perform  the  duties  and  exercise  the  powers  con- 
ferred by  law  upon  the  commission. 

Qualifications  for  commissioners  and  employees. 

§  7.  Each  commissioner  and  each  j)erson  appointed  to  a  civil  execu- 
tive office  by  the  commission  shall,  before  entering  upon  the  duties  of  his 
office,  take  and  subscribe  the  constitutional  oath  of  office.  Each  com- 
missioner shall  be  a  qualified  elector  of  this  state,  and  no  person  in  the 
employ  of  or  holding  any  official  relation  to  any  corporation  or  person, 
which  said  corporation  or  person  is  subject  in  whole  or  in  part  to  regula- 
tion by  the  commission,  and  no  person  owning  stocks  or  bonds  of  any  such 
corporation  or  who  is  in  any  manner  pecuniarily  interested  therein  shall 
be  appointed  to  or  hold  the  office  of  commissioner  or  be  appointed  or 
employed  by  the  commission;  provided,  that  if  any  such  person  shall  be- 
come the  owner  of  such  stocks  or  bonds  or  become  pecuniarily  interested 


1739  PUBLIC  UTILITIES.  Act  2886,  §§  8-10 

in  such  corporation  otlierwise  than  voluntarily,  he  shall  within  a  reason- 
able time  divest  himself  of  such  ownership  or  interest;  failing  to  do  so, 
his  office  or  employment  shall  become  vacant. 

Offices,  and  meetings  of  the  commission.     Sessions  to  "be  public.     Seal. 
Office  equipment. 

§  8.  (a)  The  office  of  the  commission  shall  be  in  the  city  and  county 
of  San  Francisco.  The  office  shall  always  be  open,  legal  holidays  and 
nonjudicial  days  excepted.  The  commission  shall  hold  its  sessions  at 
least  once  in  each  calendar  month  in  said  city  and  county  of  San  Fran- 
cisco, and  may  also  meet  at  such  other  times  and  in  such  other  places  as 
may  be  expedient  and  necessary  for  the  proper  performance  of  its  duties. 
For  the  purpose  of  holding  sessions  in  places  other  than  the  city  and 
county  of  San  Francisco,  the  commission  shall  have  power  to  rent  quar- 
ters or  offices,  and  the  expense  thereof  and  in  connection  therewith  shall 
be  paid  in  the  same  manner  as  other  expenses  authorized  by  this  act. 
The  sessions  of  the  commission  shall  be  public. 

(b)  The  commission  shall  have  a  seal,  bearing  the  following  inscrip- 
tion: "Eailroad  Commission  State  of  California."  The  seal  shall  be 
affixed  to  all  writs  and  authentications  of  copies  of  records  and  to  such 
other  instruments  as  the  commission  shall  direct.  All  courts  shall  take 
judicial  notice  of  said  seal. 

(c)  The  commission  is  authorized  to  procure  all  necessary  books,  maps, 
charts,  stationery,  instruments,  office  furniture,  apparatus  and  appliances, 
and  the  same  shaU  be  paid  for  in  the  same  manner  as  other  expenses  au- 
thorized by  this  act. 

Quorum.    "When  single  commissioner  may  act. 

§  9.  A  majority  of  the  commissioners  shall  constitute  a  quorum  for 
the  transaction  of  any  business,  for  the  performance  of  any  duty  or  for 
the  exercise  of  any  power  of  the  commission.  No  vacancy  in  the  commis- 
sion shall  impair  the  right  of  the  remaining  commissioners  to  exercise  all 
the  powers  of  the  commission.  The  act  of  a  majority  of  the  commis- 
sioners when  in  session  as  a  board  shall  be  deemed  to  be  the  act  of  the 
commission;  but  any  investigation,  inquiry  or  hearing  which  the  com- 
mission has  power  to  undertake  or  to  hold  may  be  undertaken  or  held  by 
or  before  any  commissioner  designated  for  the  purpose  by  the  commlis- 
sion,  and  every  finding,  order  or  decision  made  by  a  commissioner  sio 
designated,  pursuant  to  such  investigation,  inquiry  or  hearing,  when  ap- 
proved and  confirmed  by  the  commission  and  ordered  filed  in  its  office, 
shall  be  and  be  deemed  to  be  the  finding,  order  or  decision  of  the  com- 
mission. 

Salaries. 

§  10.  (a)  The  annual  salary  of  each  commissioner  shall  he  eight 
thousand  (8,000)  dollars.  All  'officers,  experts,  engineers,  statisticians, 
accountants,   inspectors,   clerks   and   employees    of   the   commission   shall 


Act  2886,  §§  11-13  GENERAL   LAWS.  1740 

receive  such  compensation  as  may  be  fixed  by  the  commission.  The  com- 
missioners, attorney,  secretary,  rate  expert  and  assistant  secretary  shall 
be  civil  executive  officers  and  their  salaries  as  fixed  by  law  or  the  com- 
mission shall  be  paid  in  the  same  manner  as  are  the  salaries  of  other 
state  officers.  The  salary  or  compensation  of  every  other  person  holding 
office  or  employment  under  the  commission  shall  be  paid  monthly  from 
the  funds  appropriated  for  the  use  of  the  commission,  after  being  ap- 
proved by  the  commission,  upon  claims  therefor  to  be  audited  by  the 
board  of  control. 

Expenses. 

^b)  AH  expenses  incurred  by  the  commission  pursuant  to  the  provi- 
sions of  this  act,  including  the  actual  and  necessary  traveling  and  other 
expenses  and  disbursements  of  the  commissioners,  their  officers  and 
employees,  incurred  while  on  business  of  the  commission,  shall  be  paid 
from  the  funds  appropriated  for  the  use  of  the  commission,  after  being 
approved  by  the  commission,  upon  claims  therefor  to  be  audited  by  the 
board  of  control.  [Amendment  approved  June  14,  1913;  Stats.  1913, 
p.  939.] 

Free  transportation  for  commissioners  and  employees. 

§  11.  The  commissioners  and  the  officers  and  employees  of  the  commis- 
sion, shall,  when  in  the  performance  of  their  official  duties,  have  the  right 
to  pass,  free  of  charge,  on  all  railroads,  cars,  vessels  and  other  vehicles 
of  every  common  carrier,  as  said  term  is  defined  in  this  act,  subject  in 
whole  or  in  part  to  control  or  regulation  by  the  commission,  between 
points  within  this  state,  and  such  persons  shall  not  be  denied  the  right 
to  travel  ujwn  any  railroad,  car,  vessel  or  other  vehicle  of  such  common 
carrier,  whether  such  railroad,  car,  vessel  or  other  vehicle  be  used  for  the 
transportation  of  passengers  or  freight,  and  regardless  of  its  class. 

» 
Annual  report. 

§  12.  The  commission  shall  make  and  submit  to  the  governor  on  or 
before  the  first  day  of  December  of  each  year  subsequent  to  the  year 
1912,  a  report  containing  a  full  and  complete  account  of  its  transactions 
and  proceedings  for  the  preceding  fiscal  year,  together  with  such  other 
facts,  suggestions,  and  recommendations  as  it  may  deem  of  value  to  the 
people  of  the  state. 

Charges  by  public  utility  must  be  reasonable. 

§  13.  (a)  All  charges  made,  demanded  or  received  by  any  public 
utility,  or  by  any  two  or  more  public  utilities,  for  any  product  or  com- 
modity furnished  or  to  be  furnished  or  any  service  rendered  or  to  be 
rendered  shall  be  just  and  reasonable.  Every  unjust  or  unreasonable 
charge  made,  demanded  or  received  for  such  product  or  commodity  or 
service  is  hereby  prohibited  and  declared  unlawful. 

Sufficient  equipment  must  be  provided. 

(b)  Evcrv  public  utility  shall  furnish,  provide  and  maintain  such 
service,  instrumentalities,  equipment  and  facilities  as  shall  promote  the 


1741  PUBLIC  UTILITIES.  Act  2886,  §  14 

safety,  health,  comfort  and  convenience  of  its  patrons,  employees  and  the 
public,  and  as  shall  be  in  all  respects  adequate,  efficient,  just  and 
reasonable. 

Rules  must  be  reasonable. 

(c)  All  rules  and  regulations  made  by  a  public  utility  affecting  or 
pertaining  to  its  charges  or  service  to  the  public  shall  be  just  and 
reasonable. 

Schedules  of  common  carriers.  Contents  of  schedules.  Schedules  to  be 
exhibited  in  designated  places.  Form  of  schedules. 
§  14.  (a)  Every  common  carrier  shall  file  with  the  commission  and 
shall  print  and  keep  open  to  the  public  inspection  schedules  showing  the 
rates,  fares,  charges  and  classifications  for  the  transportation  between 
termini  within  this  state  of  persons  and  property  from  each  point  upon 
its  route  to  all  other  points  thereon;  and  from  each  point  upon  its  route 
to  all  points  upon  every  other  route  leased,  operated  or  controlled  by  it; 
and  from  each  point  on  its  route  or  upon  any  route  leased,  operated  or 
controlled  by  it  to  all  points  upon  the  route  of  any  other  common  carrier, 
whenever  a  through  route  and  a  joint  rate  shall  have  been  established 
or  ordered  between  any  two  such  points.  If  no  joint  rate  over  a  through 
route  has  been  established,  the  schedules  of  the  several  carriers  in  such 
through  route  shall  show  the  separately  established  rates,  fares,  charges 
and  classifications  applicable  to  the  through  transportation.  The  sched- 
ules printed  as  aforesaid  shall  plainly  state  the  places  between  which 
property  and  persons  will  be  carried,  and  shall  also  contain  the  classifi- 
cation of  passengers  or  property  in  force,  and  shall  also  state  separately 
all  terminal  charges,  storage  charges,  icing  charges  and  all  other  charges 
which  the  commission  may  require  to  be  stated,  all  privileges  or  facili- 
ties granted  or  allowed,  and  all  rules  or  regulations  which  may  in  any 
wise  change,  affect  or  determine  any  part,  or  the  aggregate  of,  such  rates, 
fares,  charges  and  classifications,  or  the  value  of  the  service  rendered  to 
the  passenger,  shipper  or  consignee.  Subject  to  such  rules  and  regula- 
tions as  the  commission  may  prescribe,  such  schedules  shall  be  plainly 
printed  in  large  type,  and  a  copy  thereof  shall  be  kept  by  every  such 
carrier  readily  accessible  to  and  for  inspection  by  the  public  in  every 
station  or  office  of  such  carrier  where  passengers  or  property  are  respec- 
tively received  for  transportation,  when  such  station  or  office  is  in  charge 
of  an  agent,  and  in  every  station  or  office  of  such  carrier  where  passen- 
ger tickets  or  tickets  for  sleeping,  parlor  car  or  other  train  accommoda- 
tions are  sold  or  bills  of  lading  or  waybills  or  receipts  for  property  are 
issued.  Any  or  all  of  such  schedules  kept  as  aforesaid  shall  be  immedi- 
ately produced  by  such  carrier  for  inspection  upon  the  demand  of  any 
person.  A  notice"^  printed  in  bold  type  and  stating  that  such  schedules 
are  on  file  with  the  agent  and  open  to  inspection  by  any  person,  and  that 
the  agent  will  assist  any  person  to  determine  from  such  schedules  any 
rates,  fares,  rules  or  regulations  in  force,  shall  be  kept  posted  by  the 
carrier   in   two   public   and   conspicuous   places   in   every  such   station   or 


Act  2886,  §  15  GENERAL   LAWS.  1742 

office.  The  form  of  every  such  schedule  shall  be  prescribed  bv  the  com- 
mission and  shall  conform  in  the  ease  of  common  carrieis  subject  to  the 
act  of  Congress  entitled  "An  act  to  regulate  commerce,"  approved  Febru- 
ary 4,  1887,  and  the  acts  amendatory  thereof  and  supplementary  thereto, 
as  nearly  a.s  may  be  to  the  form  of  schedules  prescribed  by  the  interstate 
commerce  commission  under  said  act. 

Schedules  of  public  utilities  other  than  common  carriers.  Limitation  on 
rates  to  be  fixed  by  public  utilities, 
(b)  Under  such  rules  and  regulations  as  the  commission  maj*  prescribe, 
every  public  utility  other  than  a  common  carrier  shall  file  with  the  com- 
mission within  such  time  and  in  such  form  as  the  commission  may  desig- 
nate, and  shall  print  and  keep  open  to  public  inspection  schedules 
showing  all  rates,  tolls,  rentals,  charges  and  classifications  collected  or 
enforced,  or  to  be  collected  or  enforced,  together  with  all  rules,  regula- 
tions, contracts,  privileges  and  facilities  which  in  any  manner  affect  or 
relate  to  rates,  tolls,  rentals,  classifications,  or  service.  The  rates,  tolls, 
rentals  and  charges  shown  on  such  schedules  when  filed  by  a  public 
utility  as  to  which  the  commission  by  this  act  acquires  the  power  to  fix 
any  rates,  tolls,  rentals  or  charges,  shall  not,  within  any  portion  of  the 
territory  as  to  which  the  commission  acquires  as  to  such  public  utility 
such  power,  exceed  the  rates,  tolls,  rentals  or  charges  in  effect  on  the 
tenth  day  of  October,  1911;  the  rates,  tolls,  rentals  and  charges  shown  on 
such  schedules,  when  filed  by  any  public  utility  as  to  any  territory  as 
to  which  the  commission  does  not  by  this  act  acquire  as  to  such  public 
utility  such  power,  shall  not  exceed  the  rates,  tolls,  rentals  and  charges 
in  effect  at  the  time  the  commission  acquires  as  to  such  territory  and  as 
to  such  public  utility  the  power  to  fix  rates,  tolls,  rentals  or  charges. 
Nothing  in  this  section  contained  shall  prevent  the  commission  from  ap- 
proving or  fixing  rates,  tolls,  rentals  or  charges,  from  time  to  time,  in 
excess  of  or  less  than  those  shewn  by  said  schedules. 

Changes  in  form,  etc.,  of  schedules. 

(e)  The  commission  shall  have  power,  from  time  to  time,  in  its  dis- 
cretion, to  determine  and  prescribe  by  order  such  changes  in  the  form 
of  the  schedules  referred  to  in  this  section  as  it  may  find  expedient,  and 
to  modify  the  requirements  of  any  of  its  orders,  rules  or  regulations  in 
respect  to  any  matter  in  this  section  referred  to. 

Changes  in  rates.    Notice  to  the  commission  and  to  the  public. 

§  15.  Unless  the  commission  otherwise  orders,  no  change  shall  be 
made  by  any  public  utility  in  any  rate,  fare,  toll,  rental,  charge  or  classi- 
fication, or  in  any  rule,  regulation  or  contract  relating  to  or  affecting  any 
rate,  fare,  toll,  rental,  charge,  classification  or  service,  or  in  anv  privi- 
lege or  facility,  except  after  thirty  days'  notice  to  the  commission  and 
to  the  public  as  herein  provided.  Such  notice  shall  be  given  by  filing 
with  the  commission  and  iieeping  open  for  public  inspection  new  sched- 
ules stating  plainly  the  change  or  changes  to  be  made  in  the  schedule  or 


1743  PUBLIC  Utilities.  Act  2886,  §§  16, 17 

schedules  then  in  force,  and  the  time  when  the  change  or  changes  will 
go  into  effect.  The  coniniission,  for  good  cause  shown,  may  allow  changes 
without  requiring  the  thirty  days'  notice  herein  provided  for,  by  an 
order  specifying  the  changes  so  to  be  made  and  the  time  when  they  shall 
take  effect,  and  the  manner  in  which  they  shall  be  filed  and  published. 
When  any  change  is  proposed  in  any  rate,  fare,  toll,  rental,  charge  or 
classification,  or  in  any  form  of  contract  or  agreement  or  in  any  rule, 
regulation  or  contract  relating  to  or  affecting  any  rate,  fare,  toll,  rental, 
charge,  classification  or  service,  or  in  any  privilege  or  facility,  attention 
shall  be  directed  to  such  change  on  the  schedule  filed  with  the  commis- 
sion, by  some  character  to  be  designated  by  the  commission,  immediately 
preceding  or  following  the  item. 

Joint  schedules,  names  of  parties  must  appear. 

§  16.  The  names  of  the  several  public  utilities  which  are  parties 
to  any  joint  tariff',  rate,  fare,  toll,  contract,  classification  or  charge  shall 
be  specified  in  the  schedule  or  schedules  showing  the  same.  Unless  other- 
wise ordered  by  the  commission,  a  schedule  showing  such  joint  tariff,  rate, 
fare,  toll,  contract,  classification  or  charge  need  be  filed  with  the  com- 
mission by  only  one  of  the  parties  to  it;  provided,  that  there  is  also  filed 
with  the  commission  in  such  form  as  the  commission  may  require  a  con- 
currence in  such  joint  tariff,  rate,  fare,  toll,  contract,  classification,  or 
charge  by  each  of  the  other  parties  thereto. 

Rate  schedules  must  be  filed. 

§  17.  (a)  1.  No  common  carrier  subject  to  the  provisions  of  this  act 
shall  engage  or  participate  in  the  transportation  of  persons  or  property, 
between  points  within  this  state,  until  its  schedules  of  rates,  fares, 
charges  and  classifications  shall  have  been  filed  and  published  in  accord- 
ance with  the  provisions  of  this  act. 

Only  schedule  rates  to  be  charged. 

2.  No  common  carrier  shall  charge,  demand,  collect  or  receive  a  greater 
or  less  or  different  compensation  for  the  transportation  of  persons  or 
property,  or  for  any  service  in  connection  therewith,  than  the  rates,  fares 
and  charges  applicable  to  such  transportation  as  specified  in  its  sched- 
ules filed  and  in  effect  at  the  time;  nor  shall  any  such  carrier  refund  or 
rc>mit  in  any  manner  or  by  any  device  any  portion  of  the  rates,  fares  or 
charges  so  specified,  except  upon  order  of  the  commission  as  hereinafter 
provided,  nor  extend  to  any  corporation  or  person  any  privilege  or  facility 
in  the  transportation  of  passengers  or  property  except  such  as  are  regu- 
larly and  uniformly  extended  to  all  corporations  and  persons. 

Free  tickets  prohibited.     Persons  to  whom  reduced  rates  may  be  given. 
Newspapers.     Express  matter  at  reduced  rates.     Telegraph  or  tele- 
phone corporations. 
?,.  No   common   carrier  subject  to  the  provisions  of  this  act  shall,  di- 
rectly  or   indirectly,  issue,  give  or  tender  any  free  ticket,  free  pass  or 


Act  2886,  §  17  GENERAL   LAWS.  1744 

free  or  reduced  rate  transportation  for  passengers  between  points  within 
this  state,  except  to  its  officers,  agents,  employees,  attorneys,  physicians 
and  surgeons,  and  members  of  their  families;  to  ministers  <of  religion, 
traveling  secretaries  of  railroad  men's  religious  associations,  or  execu- 
tive officers,  organizers  or  agents  of  railroad  employees'  mutual  benefit 
associations  giving  the  greater  portion  of  their  time  to  the  work  of  any 
such  association;  inmates  of  hospitals  or  charitable  or  eleemosynary  in- 
stitutions, and  persons  exclusively  engaged  in  charitable  or  eleemosynary 
work,  and  persons  and  property  engaged  or  employed  in  educational  work 
or  scientific  research  or  in  patriotic  work  when  permitted  by  the  com- 
mission; to  the  executive  officers  of  mercantile  or  promotion  boards  or 
bodies  within  this  state  when  traveling  in  the  performance  of  duties 
affecting  the  advancement  of  the  business  of  such  boards  or  bodies,  or 
the  development  of  trade  or  industry  within  or  without  this  state,  when 
authorized  by  the  commission;  to  hotel  employees  of  season  resort  hotels, 
when  authorized  by  the  commission;  to  indigent,  destitute  and  homeless 
persons  and  to  such  persons  when  transported  by  charitable  societies  or 
hospitals,  and  the  necessary  agents  employed  in  such  transportation;  to 
inmates  of  the  national  homes  or  state  homes  for  disabled  volunteer 
soldiers  and  of  soldiers'  and  sailors'  homes,  including  those  about  to 
enter  and  those  returning  home  after  discharge;  to  necessary  caretakers, 
going  and  returning,  of  livestock,  poultry,  milk,  fruit  and  other  freight, 
under  uniform  and  nondiscriminatory  regulations;  to  employees  of  sleep- 
ing-car corporations,  express  corporations  and  telegraph  and  telephone 
corporations;  to  railway  mail  service  employees.  United  States  internal 
revenue  officers,  postoffice  inspectors,  customs  officers  and  inspectors  and 
immigration  inspectors  when  traveling  in  the  course  of  their  official  duty; 
to  newsboys  on  trains,  baggage  agents,  witnesses  attending  any  legal 
investigation  in  which  the  carrier  is  interested,  persons  injured  in  acci- 
dents or  wrecks  and  physicians  and  nurses  attending  such  persons; 
provided,  that  the  term  "employees,"'  as  used  in  this  section,  shall  in- 
clude furloughed,  pensioned  and  superannuated  employees,  persons  who 
have  become  disabled  or  infirm  in  the  service  of  any  such  carrier,  ex- 
employees  traveling  for  the  purpose  of  entering  the  service  of  any  such 
carrier,  and  the  remains  of  persons  dying  while  in  the  employment  of 
any  such  carrier;  and  the  term  "families,"  as  used  in  this  section,  shall 
include  the  families  of  those  persons  heretofore  named  in  this  proviso, 
the  families  of  persons  killed,  and  the  widows  during  widowhood  and 
minor  children  during  minority  of  persons  who  died  while  in  the  service 
of  any  such  carrier;  and  provided,  further,  that  no  free  ticket,  free  pass 
or  free  or  reduced  rate  transportation  shall  be  issued,  given  or  tendered 
to  any  officer,  agent  or  employee  of  a  common  carrier,  who  is  at  the  same 
time  a  shipper  or  receiver  of  freight,  or  an  officer,  agent  or  employee  of 
a  shipper  or  receiver  of  freight,  unless  such  officer,  agent  or  employee 
devotes  substantially  his  entire  time  to  the  service  of  such  carrier;  and 
provided,  further,  that  the  members  of  the  railroad  commission,  their 
officers  and  employees,  shall  be  entitled,  when  in  the  performance  of  their 


1745  PUBLIC  UTILITIES.  Act  2886,  §  17 

official  duties,  to  free  transportation  over  the  lines  of  all  common  car- 
riers within  this  state;  and  provided,  further,  that  passenger  transporta- 
tion may  issue  to  the  proprietors  and  employees  of  newspapers  and 
magazines  and  the  members  of  their  immediate  families,  in  exchange  ^r 
advertising  space  in  such  newspapers  or  magazines  at  full  rates,  subject 
however  to  such  reasonable  restrictions  as  the  commission  may  impose. 
Nothing  in  this  act  contained  shall  be  construed  to  prohibit  the  issue  by 
express  corporations  of  free  or  reduced  rate  transportation  for  express 
matter  to  their  officers,  agents,  employees,  attorneys,  physicians  and  sur- 
geons, and  members  of  their  families,  or  the  interchange  of  free  or  re- 
duced rate  transportation  for  passengers  or  express  matter  between 
common  carriers,  their  officers,  agents,  employees,  attorneys,  physicians 
and  surgeons  and  members  of  their  families  where  such  common  car- 
riers are  subject  in  whole  or  in  part  to  the  jurisdiction  of  the  commission 
or  of  the  interstate  commerce  commission;  provided,  that  such  express 
matter  be  for  the  personal  use  of  the  person  to  or  for  whom  such  free 
or  reduced  rate  transportation  is  granted,  or  of  his  family;  nor  to  pro- 
hibit the  issue  of  passes  or  franks  by  telegraph  or  telephone  corpora- 
tions to  their  officers,  agents,  employees,  attorneys,  physicians  and  sur- 
geons, and  members  of  their  families,  or  the  exchange  of  passes  or  franks 
between  such  telegraph  and  telephone  corporations  or  between  such 
corporations  and  such  common  carriers,  for  their  officers,  agents, 
employees,  attorneys,  phj'sicians  and  surgeons,  and  members  of  their 
families;  nor  to  prevent  the  carrying  out  of  contracts  for  free  or  reduced 
rate  passenger  transportation  heretofore  made,  founded  upon  adequate 
consideration  and  lawful  when  made;  nor  to  prevent  a  common  carrier 
from  transporting,  storing  or  handling,  free  or  at  reduced  rates,  the 
household  goods  and  personal  effects  of  its  employees,  of  pers(5ns  enter- 
ing or  leaving  its  service,  and  of  persons  killed  or  dying  while  in  its 
service. 

4.  Every  common  carrier  subject  to  the  provisions  of  this  act  may 
transport,  free  or  at  reduced  rates,  persons  or  property  for  the  United 
States,  state,  county  or  municipal  governments,  or  for  charitable  purposes, 
or  for  patriotic  purposes,  or  to  provide  relief  in  cases  of  general  epidemic, 
pestilence  or  other  calamitous  visitation,  and  property  to  or  from  fairs 
or  expositions  for  exhibit  thereat;  also  contractors  and  their  employees, 
material  or  supplies  for  use  or  engaged  in  carrying  out  their  contracts 
with  said  carriers,  for  construction,  operation  or  maintenance  work  or 
work  incidental  thereto  on  the  line  of  the  issuing  carrier,  to  the  extent 
only  that  such  free  or  reduced  rate  transportation  is  provided  for  in  the 
specifications  upon  which  the  contract  is  based  and  in  the  contract  itself. 
Common  carriers  may  also  enter  into  contracts  with  telegraph  and  tele- 
phone corporations  for  an  exchange  of  service. 

Refunds  prohibited. 

(b)   Except  as  in  this  section  otherwise  provided,  no  public  utility   shall 
charge,  demand,  collect  or  receive  a  greater  or  less  or  ditferent  compen- 
110 


Act  2886,  §§  18-20  general  laws.  1746 

sation  for  any  product  or  commodity  furnished  or  to  be  furnislied,  or  for 
any  service  rendered  or  to  be  rendered,  than  the  rates,  tolls,  rentals  and 
charges  applicable  to  such  product  er  commodity  or  service  as  specified 
in Jts  schedules  on  file  and  in  effect  at  the  time,  nor  shall  any  such  pub- 
lic utility  refund  or  remit,  directly  or  indirectly,  in  anv  manner  or  by 
any  device,  any  portion  of  the  rates,  tolls,  rentals  and  charges  so  speci- 
fied, nor  extend  to  any  corporation  or  person  any  form  of  contract  or 
agreement  or  any  rule  or  regulation  or  any  facility  or  privilege  except 
such  as  are  regularly  and  uniformly  extended  to  all  corporations  and 
persons;  provided,  that  the  commission  may  by  rule  or  order  establish 
such  exceptions  from  the  operation  of  this  prohibition  as  it  may  consider 
just  and  reasonable  as  to  each  public  utility.  [Amendment  approved 
June  14,  1913;  Stats.  1913,  p.  939.] 

Schedules  of  rates  between  points  within  and  without  the  state, 

§  18.  Every  common  carrier  and  every  telegraph  and  telephone  cor- 
poration shall  print  and  file  or  cause  to  be  filed  with  the  commission 
schedules  showing  all  the  rates,  fares,  tolls,  rentals,  charges  and  classi- 
fications for  the  transportation  of  persons  or  property  or  the  transmission 
of  messages  or  conversations  between  all  points  within  this  state  and 
all  points  without  the  state  upon  its  route,  and  between  all  points  within 
this  state  and  all  points  without  the  state  upon  every  route  leased,  oper- 
ated or  controlled  by  it,  and  between  all  points  on  its  route  or  upon  any 
route,  leased,  operated  or  controlled  by  it  within  this  state  and  all  points 
without  the  state  upon  the  route  of  any  other  common  carrier  or  tele- 
graph or  telephone  corporation,  whenever  a  through  route  and  joint  rate 
shall  have  been  established  between  any  two  such  points. 

No  preference  or  advantage  to  be  given,  and  no  unreasonable  difference 
made  in  rates. 
§  19.  No  public  utility  shall,  as  to  rates,  charges,  service,  facilities 
or  in  any  other  respect,  make  or  grant  any  preference  or  advantage  to 
any  corporation  or  person  or  subject  any  corporation  or  person  to  any 
prejudice  or  disadvantage.  No  public  utility  shall  establish  or  maintain 
any  unreasonable  difference  as  to  rates,  charges,  service,  facilities  or  in 
any  other  respect,  either  as  between  localities  or  as  between  classes  of 
service.  The  commission  shall  have  the  power  to  determine  any  question 
of  fact  arising  under  this  section. 

Economies,  efficiencies  or  improvements  not  prohibited. 

§  20.  Nothing  in  this  act  shall  be  taken  to  prohibit  any  public  util- 
ity from  itself  profiting,  to  the  extent  permitted  by  the  commission,  from 
any  economies,  efficiencies  or  improvements  which  it  maj'  make,  and 
from  distributing  by  way  of  dividends,  or  otherwise  disposing  of,  the 
profits  to  which  it  may  be  so  entitled,  and  the  commission  is  authorized 
to  make  or  permit  such  arrangement  or  arrangements  with  any  public 
utility  as  it  may  deem  wise  for  the  purpose  of  encouraging  economies, 
efficiencies  or  improvements   and  securing  to  the  public   utility   making 


1747  PUBLIC  UTILITIES.  Act  2886,  §§  21, 22 

the  same  such  portion,  if  any,  of  the  profits  thereof  as  the  commission 
may  determine. 

Sliding  scale  of  charges  allowable  in  certain  cases. 

§  21.  Nothing  in  this  act  shall  be  talcen  to  prohibit  a  corporation  or 
person  engaged  in  the  production,  generation,  transmission  or  furnishing 
of  heat,  light,  water  or  power,  or  telegraph  or  telephone  service,  from 
establishing  a  sliding  scale  of  charges;  provided,  that  a  schedule  showing 
such  scale  of  charges  shall  first  have  been  filed  with  the  commission  and 
such  schedule  and  each  rate  set  out  therein  approved  by  it.  Nothing  in 
this  act  shall  be  taken  to  prohibit  any  such  corporation  or  person  from 
entering  into  an  arrangement  for  a  fixed  period  for  the  automatic  ad- 
justment of  charges  for  heat,  light,  water  or  power,  or  telegraph  or  tele- 
phone service,  in  relation  to  the  dividends  to  be  paid  to  stockholders  of 
such  corporation,  or  the  profit  to  be  realized  by  such  person;  provided, 
that  a  schedule  showing  the  scale  of  charges  under  such  arrangement 
shall  first  have  been  filed  with  the  commission  and  such  schedule  and 
each  rate  set  out  therein  approved  by  it.  Nothing  in  this  section  shall 
prevent  the  commission  from  revoking  its  approval  at  any  time  and 
fixing  other  rates  and  charges  for  the  product  or  commodity  or  service, 
as  authorized  by  this  act. 

Common   carrier   to   afford   proper    facilities   for   interchange    of   traffic 
with  other  carriers.     Duty  to  establish  joint  rates. 

§  22.  (a)  Every  common  carrier  shall  afi'ord  all  reasonable,  proper 
and  equal  facilities  for  the  prompt  and  efficient  interchange  and  trans- 
fer of  passengers,  tonnage  and  cars,  loaded  or  empty,  between  the  lines 
owned,  operated,  controlled  or  leased  by  it  and  the  lines  of  every  other 
common  carrier,  and  shall  make  such  interchange  and  transfer  promptly 
without  discrimination  between  shippers,  passengers  or  carriers  either  as 
to  compensation  charged,  service  rendered  or  facilities  afforded.  Every 
railroad  corporation  shall  receive  from  every  other  railroad  corporation, 
at  any  point  of  connection,  freight  cars  of  proper  standard  and  in  proper 
condition,  and  shall  haul  the  same  either  to  destination,  if  the  destina- 
tion be  upon  a  line  owned,  operated  or  controlled  by  such  railroad  corpo- 
ration, or  to  point  of  transfer  according  to  route  billed,  if  the  destina- 
tion be  upon  the  line  of  some  other  railroad  corporation. 

Nothing  in  this  section  contained  shall  be  construed  as  in  anywise 
limiting  or  modifying  the  duty  of  a  common  carrier  to  establish  joint 
rates,  fares  and  charges  for  the  transportation  of  passengers  and  prop- 
erty over  the  lines  owned,  operated,  controlled  or  leased  by  it  and  the 
lines  of  other  common  carriers,  nor  as  in  any  manner  limiting  or  modi- 
fying the  power  of  the  commission  to  require  the  establishment  of  such 
joint  rates,  fares  and  charges. 

Service  between  telephone  or  telegraph  corporations. 

(b)  Every  telephone  corporation  and  telegraph  corporation  operating 
in  this  state  shall  receive,  transmit  and  deliver,  without  discrimination  or 


Act  2886,  §§  23, 24  general  laws.  1748 

delay,  the  conversations  and  messages  of  every  other  telephone  or  tele- 
graph corporation  with  whose  line  a  physical  connection  may  have  been 
made. 

False  billing,  etc.,  forbidden. 

§  23.  (a)  No  common  carrier,  or  any  officer  or  agent  thereof,  or  any 
person  acting  for  or  employed  by  it,  shall,  by  means  of  known  false  bill- 
ing, classification,  weight,  weighing,  or  report  of  weight,  or  by  any  other 
device  or  means  assist,  suffer  or  permit  any  corporation  or  person  to 
obtain  transportation  for  any  person  or  property  between  points  within 
this  state  at  less  than  the  rates  and  fares  then  established  and  in  force 
as  shown  by  the  schedules  filed  and  in  effect  at  the  time.  No  person, 
corporation,  or  any  officer,  agent  or  employee  of  a  corporation  shall,  by 
means  of  false  billing,  false  or  incorrect  classification,  false  weight  or 
weighing,  false  representation  as  to  contents  or  substance  of  a  package, 
or  false  report  or  statement  of  weight,  or  by  any  other  device  or  means, 
whether  with  or  without  the  consent  or  connivance  of  a  common  carrier 
or  any  of  its  officers,  agents  or  employees,  seek  to  obtain  or  obtain  such 
transportation  for  such  property  at  less  than  the  rates  then  established 
and  in  force  therefor. 

False  claims  for  damages  forbidden. 

(b)  No  person  or  corporation,  or  any  officer,  agent  or  employee  of  a 
corporation,  shall  knowingly,  directly  or  indirectly,  by  any  false  state- 
ment or  representation  as  to  cost  or  value,  or  the  nature  or  extent  of 
an  injury,  or  by  the  use  of  any  false  billing,  bill  of  lading,  receipt, 
voucher,  roll,  account,  claim,  certificate,  affidavit  or  deposition,  or  upon 
any  false,  fictitious  or  fraudulent  statement  or  entry,  obtain  or  attempt 
to  obtain  any  allowance,  rebate  or  payment  for  damage,  iij.  connection 
with  or  growing  out  of  the  transportation  of  persons  or  property,  or  an 
agreement  to  transport  such  persons  or  property,  whether  with  or  without 
the  consent  or  connivance  of  a  common  carrier  or  any  of  its  officers, 
agents  or  employees;  nor  shall  any  common  carrier,  or  any  officer,  agent 
or  emploj'ee  thereof,  knowingly  pay  or  offer  to  pay  any  such  allowance, 
rebate  or  claim  for  damage. 

Rates  for  long  and  short  haul  by  common  carrier. 

§  24.  (a)  No  common  carrier  subject  to  the  provisions  of  this  act  shall 
charge  or  receive  any  greater  compensation  in  the  aggregate  for  the 
transportation  of  persons  or  of  a  like  kind  of  property  for  a  shorter  than 
for  a  longer  distance  over  the  same  line  or  route  in  the  same  direction, 
within  this  state,  the  shorter  being  included  within  the  longer  distance, 
or  charge  any  greater  compensation  as  a  through  rate  than  the  aggregate 
of  the  intermediate  rates;  but  this  shall  not  be  construed  as  authorizing 
any  such  common  carrier  to  charge  or  receive  as  great  a  compensation 
for  a  shorter  as  for  a  longer  distance  or  haul.  Upon  application  to  the 
commission,  such  common  carrier  may,  in  special  cases,  after  investiga- 
tion, be  authorized  by  the  commission  to  charge  less  for  a  longer  than 


1749  PUBLIC  UTILITIES.  Act  2886,  §  25 

for  a  shorter  distance  for  the  transportation  of  persons  or  property,  and 
the  commission  may  from  time  to  time  prescribe  the  extent  to  which 
such  carrier  may  be  relieved  from  the  operation  and  requirements  of 
this  section. 

Rates  for  long  and  short  distance  service  by  telephone  and  telegraph  cor- 
porations, 
(b)  No  telephone  or  telegraph  corporation  subject  to  the  provisions 
of  this  act  shall  charge  or  receive  any  greater  compensation  in  the  aggre- 
gate for  the  transmission  of  any  long  distance  message  or  conversation 
for  a  shorter  than  for  a  longer  distance  over  the  same  line  or  route  in 
the  same  direction,  within  this  state,  the  shorter  being  included  within 
the  longer  distance,  or  charge  any  greater  compensation  for  a  through 
service  than  the  aggregate  of  the  intermediate  rates  or  tolls  subject  to 
the  provisions  of  this  act;  but  this  shall  not  be  construed  as  authorizing 
any  such  telephone  or  telegraph  corporation  to  charge  and  receive  as 
great  a  compensation  for  a  shorter  as  for  a  longer  distance.  Upon  ap- 
plication to  the  commission,  a  telephone,  or  telegraph  corporation  may, 
in  special  cases,  after  investigation,  be  authorized  by  the  commission  to 
charge  less  for  a  longer  than  for  a  shorter  distance  service  for  the  trans- 
mission of  messages  or  conversations,  and  the  commission  may  from 
time  to  time  prescribe  the  extent  to  which  such  telephone  or  telegraph 
corporation  may  be  relieved  from  the  operation  and  requirements  of  this 
section. 

Connection  to  be  made  between  railroads  at  request  of  shipper. 

§  25.  (a)  Every  railroad  corporation,  upon  the  application  of  any 
corporation  or  person,  being  a  shipper  or  receiver  or  contemplated  ship- 
per or  receiver  of  freight,  for  a  connection  between  the  railroad  of  such 
railroad  corporation  and  any  existing  or  contemplated  private  track, 
tracks  or  railroad  of  such  corporation  or  person,  shall  make  such  con- 
nection and  provide  such  switches  and  tracks  as  may  be  necessary  for 
that  purpose  and  deliver  and  receive  cars  thereover;  provided,  that  such 
connection  is  reasonably  practicable  and  can  be  installed  and  used  with- 
out materially  increasing  the  hazard  of  the  operation  of  the  railroad 
with  which  such  connection  is  sought,  and  that  the  business  which  may 
reasonably  be  expected  to  be  received  by  such  railroad  corporation  over 
such  connection  is  sufficient  to  justify  the  expense  of  such  connection  to 
such  railroad  corporation. 

Construction  of  spur  tracks  on  application  of  shipper. 

(b)  Under  the  conditions  specified  in  the  proviso  in  subsection  (a) 
hereof,  every  railroad  corporation,  upon  the  application  of  any  corpora- 
tion or  person,  being  a  shipper  or  receiver  or  contemplated  shipper  or 
receiver  of  freight,  shall  construct  upon  its  right  of  way  a  spur  or  spurs 
for  the  purpose  of  receiving  and  delivering  freight  thereby,  and  shall 
receive  and  deliver  freight  thereby. 


Act  2886,  §§26-28  general  laws.  1750 

Conduct  of  public  utility  business  by  foreign  corporations. 

§  26.  No  foreign  corporation,  other  than  those  which  by  a  compliance 
with  the  laws  of  this  state  are  entitled  to  transact  a'  public  utility 
business  within  this  state,  shall  henceforth  transact  within  this  state 
any  public  utility  business,  nor  shall  any  foreign  corporation  which  is 
at  present  lawfully  transacting  business  within  this  state  henceforth 
transact  within  this  state  any  public  utility  business  of  a  character 
different  from  that  which  it  is  at  present  authorized  by  its  charter  or 
articles  of  incorporation  to  transact,  nor  shall  any  license,  permit  or 
franchise  to  own,  control,  operate  or  manage  any  public  utility  business 
or  any  part  or  incident  thereof  be  henceforth  granted  or  transferred, 
directly  or  indirectly,  to  any  foreign  corporation  which  is  not  at  present 
lawfully  transacting  within  this  state  a  public  utility  business  of  like 
character;  provided,  that  foreign  corporations  engaging  in  commerce 
with  foreign  nations  or  commerce  among  the  several  states  of  this  Union 
may  transact  within  this  state  such  commerce  and  intrastate  commerce 
of  a  like  character. 

Limitation  on  rates  charged  by  street  railroads.    Transfers. 

§  27.  No  street  or  interurban  railroad  corporation  shall  charge,  de- 
mand, collect  or  receive  more  than  five  cents  for  one  continuous  ride  in 
the  same  general  direction  within  the  corporate  limits  of  any  city  and 
county,  or  city  or  town,  except  upon  a  showing  before  the  commission 
that  such  greater  charge  is  justified;  provided,  that  until  the  decision 
of  the  commission  upon  such  showing,  a  street  or  interurban  railroad 
corporation  may  continue  to  demand,  collect  and  receive  the  fare  in  effect 
on  October  10,  1911,  or  at  the  time  the  commission  acquires  as  to  such 
corporation  the  power  to  fix  fares  within  such  city  and  county,  or  city 
or  town.  Every  street  or  interurban  railroad  corporation  shall  upon 
such  terms  as  the  commission  shall  find  to  be  just  and  reasonable  furnish 
to  its  passengers  transfers  entitling  them  to  one  continuous  trip  in  the 
same  general  direction  over  and  upon  the  portions  of  its  lines  within 
the  same  city  and  county,  or  city  or  town,  not  reached  by  the  originating 
car. 

Information  to  be  furnished  to  commission. 

§  28.  (a)  Every  public  utility  shall  furnish  to  the  commission,  in 
such  form  and  such  detail  as  the  commission  shall  prescribe  all  tabula- 
tions, computations  and  all  other  information  required  by  it  to  carry 
into  effect  any  of  the  provisions  of  this  act,  and  shall  make  specific  an- 
swers to  all  questions  submitted  by  the  commission. 

Blanks  to  be  filled  out  by  public  utility. 

(b)  Every  public  utility  receiving  from  the  commission  any  blanks 
with  directions  to  fill  the  same  shall  cause  the  same  to  be  properly  filled 
out  so  as  to  answer  fully  and  correctly  each  question  propounded  therein; 
in  case  it  is  unable  to  answer  any  question,  it  shall  give  a  good  and 
sufficient  reason  for  such  failure. 


1751  PUBLIC  UTILITIES.  Act  2886,  §§  29-31 

Copies  of  doctiments  to  be  furnished  as  required. 

(c)  Whenever  required  by  the  commission,  every  public  utility  shall 
deliver  to  the  commission  copies  of  any  or  all  maps,  profiles,  contracts, 
agi-eements,  franchises,  reports,  books,  accounts,  papers  and  records  in 
its  possession  or  in  any  way  relating  to  its  property  or  affecting  its  busi- 
ness, and  also  a  complete  inventory  of  all  its  property  in  such  form  as 
the  commission  may  direct. 

Infonnation  to  be  confidential  unless  other-wise  directed. 

(d)  No  information  furnished  to  the  commission  by  a  public  utility, 
except  such  matters  as  are  specifically  required  to  be  open  to  public  in- 
spection by  the  provisions  of  this  act,  shall  be  open  to  public  inspection 
or  made  public  except  on  order  of  the  commission,  or  by  the  commission, 
or  a  commissioner  in  the  course  of  a  hearing  or  proceeding.  Any  officer 
or  employee  of  the  commission  who,  in  violation  of  the  provisions  of 
this  subsection,  divulges  any  such  information  shall  be  guilty  of  a  mis- 
demeanor. 

Periodical  reports  by  public  utility. 

§  29.  Every  public  utility  shall  annually  furnish  to  the  commission  at 
such  time  and  in  such  form  as  the  commission  may  require  a  report  in 
which  the  utility  shall  specifically  answer  all  questions  propounded  by 
the  commission  upon  or  concerning  which  the  commission  may  desire 
information.  The  commission  shall  have  authority  to  require  any  public 
utility  to  file  monthly  reports  of  earnings  and  expenses,  and  to  file 
periodical  or  special,  or  both  periodical  and  special  reports  concerning 
any  matter  about  which  the  commission  is  authorized  by  this  or  any 
other  act  to  inquire  or  to  keep  itself  informed,  or  which  it  is  required 
to  enforce.  All  reports  shall  be  under  oath  when  required  by  the  com- 
mission. 

Requirements  of  commission  to  be  strictly  observed, 

§  30.  Every  public  utility  shall  obey  and  comply  with  each  and  every 
requirement  of  every  order,  decision,  direction,  rule  or  regulation  made 
or  prescribed  by  the  commission  in  the  matters  herein  specified,  or  any 
other  matter  in  any  way  relating  to  or  affecting  its  business  as  a  public 
utility,  and  shall  do  everything  necessary  or  proper  in  order  to  secure 
compliance  with  and  observance  of  every  such  order,  decision,  direction, 
rule  or  regulation  by  all  of  its  officers,  agents  and  employees. 

Power  and  jurisdiction  of  commission. 

§  31.  The  railroad  commission  is  hereby  vested  with  power  and  juris- 
diction to  supervise  and  regulate  every  public  utility  in  the  state  and 
to  do  all  things,  whether  herein  specifically  designated  or  in  addition 
thereto,  which  are  necessary  and  convenient  in  the  exercise  of  such 
power  and  jurisdiction. 


Act  2886,  §§  32, 33  general  laws.  1752 

Commission  to  determine  what  are  just  rates. 

§  32.  (a)  Whenever  the  commission,  after  a  hearing  had  upon  its 
own  motion  or  upon  complaint,  shall  find  that  the  rates,  fares,  tolls, 
rentals,  charges  or  classifications,  or  any  of  them,  demanded,  observed, 
charged  or  collected  by  any  public  utility  for  any  service  or  product  or 
commodity,  or  in  connection  therewith,  including  the  rates  or  fares  for 
excursion  or  commutation  tickets,  or  that  the  rules,  regulations,  prac- 
tices or  contracts,  or  any  of  them,  affecting  such  rates,  fares,  tolls,  ren- 
tals, charges  or  classifications,  or  any  of  them,  are  unjust,  unreasonable, 
discriminatory  or  preferential,  or  in  anywise  in  violation  of  any  provi- 
sion of  law,  or  that  such  rates,  fares,  tolls,  rentals,  charges  or  classifica- 
tions are  insufficient,  the  commission  shall  determine  the  just,  reasonable 
or  sufficient  rates,  fares,  tolls,  rentals,  charges,  classifications,  rules,  regula- 
tions, practices  or  contracts,  to  be  thereafter  observed  and  in  force,  and 
shall  fix  the  same  by  order  as  hereinafter  provided. 

Power  to  fix  new  rates  and  schedules. 

(b)  The  commission  shall  have  i>ower,  upon  a  hearing,  Lad  iipoil  its 
own  motion  or  upon  complaint,  to  investigate  a  single. rate,  fare,  toll, 
rental,  charge,  classification,  rule,  regulation,  contract  or  practice,  or 
any  number  thereof,  or  the  entire  schedule  or  schedules  of  rates,  fares, 
tolls,  rentals,  charges,  classifications,  rules,  regulations,  contracts  and 
practices,  or  any  thereof,  of  any  public  utility,  and  to  establish  new 
rates,  fares,  tolls,  rentals,  charges,  classifications,  rules,  regulations, 
contracts  or  practices,  or  schedule  or  schedules,  in  lieu  thereof. 

Commission  may  establish  through  routes  and  fix  joint  rates  for  common 
carriers  within  this  state.  Stage  or  auto  stage  lines. 
§  33.  Whenever  the  commission,  after  a  hearing  had  upon  its  own  mo- 
tion or  upon  complaint,  shall  find  that  the  rates,  fares  or  charges  in 
force  over  two  or  more  common  carriers,  between  any  two  points  in 
this  state,  are  unjust,  unreasonable  or  excessive,  or  that  no  satisfactory 
through  route  or  joint  rate,  fare  or  charge  exists  between  such  points, 
and  that  the  public  convenience  and  necessity  demand  the  establishment 
of  a  through  route  and  joint  rate,  fare  or  charge  between  such  points, 
the  commission  may  order  such  common  carriers  to  establish  such  through 
route  and  may  establish  and  fix  a  joint  rate,  fare  or  charge  which  will 
be  fair,  just,  reasonable  and  sufficient,  to  be  followed,  charged,  enforced, 
demanded  and  collected  in  the  future,  and  the  terms  and  conditions 
under  which  such  through  route  shall  be  operated.  The  commission  may 
order  that  freight  moving  between  such  points  shall  be  carried  by  the 
different  common  carriers,  parties  to  such  through  route  and  joint  rate, 
without  being  transferred  from  the  originating  cars.  In  case  the  common 
carriers  do  not  agree  upon  the  division  between  them  of  the  joint  rates, 
fares  or  charges  established  by  the  commission  over  such  through  routes, 
the  commission  shall,  after  hearing,  by  supplemental  order,  establish 
such  division;  provided,  that  where  any  railroad  which  is  made  a  party 
to  a  through  route  has  itself  over  its  own  line  an   equally  satisfactory 


1753  PUBLIC  UTILITIES.  Act  2886,  §§34-36 

through  route  hetween  the  termini  of  the  through  route  established, 
such  railroad  shall  have  the  right  to  require  as  its  division  of  the  joint 
rate,  fare  or  charge  its  local  rate,  fare  or  charge  over  the  portion  of  its 
line  comprised  in  such  through  route,  and  the  commission  may,  in  its 
iliseretion,  allow  to  such  railroad  more  than  its  local  rate,  fare  or  charge 
whenever  it  will  be  equitable  so  to  do.  The  commission  shall  have  the 
power  to  establish  and  fix  through  routes  and  joint  rates,  fares  or  charges 
over  common  carriers  and  stage  or  auto  stage  lines  and  to  fix  the  divi- 
sion of  such  joint  rates,  fares  or  charges. 

Interstate  rates,  investigation  by  commission. 

§  3-4.  The  commission  shall  have  the  power  to  investigate  all  exist- 
ing or  proposed  interstate  rates,  fares,  tolls,  charges  and  classifications, 
and  all  rules  and  practices  in  relation  thereto,  for  or  in  relation  to  the 
transportation  of  persons  or  property  or  the  transmission  of  messages 
or  conversations,  where  any  act  in  relation  thereto  shall  take  place  within 
this  state;  and  when  the  same  are,  in  the  opinion  of  the  commission, 
excessive  or  discriminatory  or  in  violation  of  the  act  of  Congress  enti- 
tled "An  act  to  regulate  commerce,"  approved  February  4,  1887,  and 
the  acts  amendatory  thereof  and  supplementary  thereto,  or  of  any  other 
act  of  Congress,  or  in  conflict  with  the  rulings,  orders  or  regulations  of 
the  interstate  commerce  commission,  the  commission  may  apply  by  peti- 
tion or  otherwise  to  the  interstate  commerce  commission  or  to  any 
court  of  competent  jurisdiction  for  relief. 

Determination  of  just  rules  and  regulations  and.  proper  equipment  and 
service. 
§  35.  Whenever  the  commission,  after  a  hearing  had  upon  its  own 
motion  or  upon  complaint,  shall  find  that  the  rules,  regulations,  prac- 
tices, equipment,  appliances,  facilities  or  service  of  any  public  utility, 
or  the  methods  of  manufacture,  distribution,  transmission,  storage  or 
supply  employed  by  it,  are  unjust,  unreasonable,  unsafe,  improper,  in- 
adequate or  insufficient,  the  commission  shall  determine  the  just,  reason- 
able, safe,  proper,  adequate  or  sufficient  rules,  regulations,  practices, 
equipment,  appliances,  facilities,  service  or  methods  to  be  observed,  fur- 
nished, constructed,  enforced  or  employed  and  shall  fix  the  same  by  its 
order,  rule  or  regulation.  The  commission  shall  prescribe  rules  and  regu- 
lations for  the  perform'ance  of  any  service  or  the  furnishing  of  any 
commodity  of  the  character  furnished  or  supplied  by  any  public  utility, 
and,  on  proper  demand  and  tender  of  rates,  such  public  utility  shall  fur- 
nish such  commodity  or  render  such  service  within  the  time  and  upon 
the  conditions  provided  in  such  rules. 

Additions  or  changes  in  physical  property  of  public  utilities  may  be  or- 
dered. 
§  36.     Whenever   the    commission,    after   a    hearing   had    upon    its    own 
motion  or  upon  complaint,  shall  find  that  additions,  extensions,  rejiairs  or 
improvements  to,   or   changes   in,  the   existing  plant,  equipment,   appara- 


Act  2886,  §  37  general  laws.  1754 

tus,  facilities  or  other  physical  property  of  any  public  utility  or  of  any 
two  or  more  public  utilities  ought  reasonably  to  be  made,  or  that  a  new 
structure  or  structures  should  be  erected,  to  promote  the  security  or 
convenience  of  its  employees  or  the  public,  or  in  any  other  way  to 
secure  adequate  service  or  facilities,  the  commission  shall  make  and 
serve  an  order  directing  that  such  additions,  extensions,  repairs,  im- 
provements or  changes  to  be  made  or  such  structure  or  structures  be 
erected  in  the  manner  and  within  the  time  specified  in  said  order.  If 
the  commission  orders  the  erection  of  a  new  structure,  it  may  also  fix 
the  site  thereof.  If  any  additions,  extensions,  repairs,  improvements  or 
changes,  or  any  new  structure  or  structures  which  the  commission  has 
ordered  to  be  erected,  require  joint  action  by  two  or  more  public  utilities, 
the  commission  shall  notify  the  said  public  utilities  that  such  additions, 
extensions,  repairs,  improvements  or  changes  or  new  structure  or  struc- 
tures have  been  ordered  and  that  the  same  shall  be  made  at  their  joint 
cost,  whereupon  the  said  public  utilities  shall  have  such  reasonable  time 
as  the  commission  may  grant  within  which  to  agree  upon  the  portion  or 
division  of  cost  of  such  additions,  extensions,  repairs,  improvements  or 
changes  or  new  structure  or  structures,  which  each  shall  bear.  If  at  the 
expiration  of  such  time  such  public  utilities  shall  fail  to  file  with  the 
commission  a  statement  that  an  agreement  has  been  made  for  a  division 
or  apportionment  of  the  cost  or  expense  of  such  additions,  extensions, 
repairs,  improvements  or  changes,  or  new  structure  or  structures,  the  com- 
mission shall  have  authority,  after  further  hearing,  to  make  an  order 
fixing  the  proportion  of  such  cost  or  expense  to  be  borne  by  each  public 
utility  and  the  manner  in  which  the  same  shall  be  paid  or  secured. 

Regnlation  of  cars  and  trains,  motive  power,  time  schedules  and  stopping 
places. 
§  37.  Whenever  the  commission,  after  a  hearing  had  upon  its  own  mo- 
tion or  upon  complaint,  shall  find  that  any  railroad  corporation  or  street 
railroad  corporation  docs  not  run  a  sufficient  number  of  trains  or  cars, 
or  possess  or  operate  sufficient  motive  power,  reasonably  to  accommodate 
the  traffic,  passenger  or  freight,  transported  by  or  offered  for  transporta- 
tion to  it,  or  does  not  run  its  trains  or  cars  with  sufficient  frequency  or 
at  a  reasonable  or  proper  time  having  regard  to  safety,  or  does  not  stop 
the  same  at  proper  places,  or  does  not  run  any  train  or  trains,  car  or 
cars,  upon  a  reasonable  time  schedule  for  the  run,  the  commission  shall 
have  power  to  make  an  order  directing  any  such  railroad  corporation  or 
street  railroad  corporation  to  increase  the  number  of  its  trains  or  of  its 
cars  or  its  motive  power  or  to  change  the  time  for  starting  its  trains 
or  cars  or  to  change  the  time  schedule  for  the  run  of  any  train  or  car, 
or  to  change  the  stopping  place  or  places  thereof,  or  to  make  any  other 
order  that  the  commission  may  determine  to  be  reasonably  necessary  to 
accommodate  and  transport  the  traffic,  passenger  or  freight,  transported 
or  offered  for  transportation. 


1755  PUBLIC  UTILITIES.  Act  2886,  §§  38, 39 

Connections  may  be  ordered  between  tracks  of  railroad  or  street  railroad 
corporations. 
§  38.  Whenever  the  commission,  after  a  hearing  had  upon  its  own 
motion  or  upon  complaint,  shall  find  that  the  public  convenience  and 
necessity  would  be  subserved  by  having  connections  made  between  the 
tracks  of  any  two  or  more  railroad  or  street  railroad  corporations,  so 
that  cars  may  readily  be  transferred  from  one  to  the  other,  at  any  of 
the  points  hereinafter  in  this  section  specified,  the  commission  may 
order  any  two  or  more  such  corporations  owning,  controlling,  operating 
or  managing  tracks  of  the  same  gauge  to  make  physical  connections  at 
any  and  all  crossings,  and  at  all  points  where  a  railroad  or  street  rail- 
road shall  begin  or  terminate  or  run  near  to  any  other  railroad  or  street 
railroad.  After  the  necessary  franchise  or  permit  has  been  secured  from 
the  city  and  county,  or  city  or  town,  the  commission  may  likewise  order 
such  physical  connection,  within  such  city  and  county,  or  city  or  town, 
between  two  or  more  railroads  which  enter  the  limits  of  the  same.  The 
commission  shall  by  order  direct  whether  the  expense  of  the  connections 
referred  to  in  this  section  shall  be  borne  jointly  or  otherwise. 

Railroad  corporation  refusing  to  provide  connection  or  spur  may  be  re- 
quired to  do  so. 
§  39.  (a)  Whenever  the  commission,  after  a  hearing  had  upon  its 
own  motion  or  upon  complaint,  shall  find  that  application  has  been  made 
by  any  corporation  or  person  to  a  railroad  corporation  for  a  connection 
or  spur  as  provided  in  section  25  of  this  act,  and  that  the  railroad  cor- 
poration has  refused  to  provide  such  connection  or  spur  and  that  the 
applicant  is  entitled  to  have  the  same  provided  for  him  under  said  sec- 
tion 25,  the  commission  shall  make  an  order  requiring  the  providing  of 
such  connection  or  spur  and  the  maintenance  and  use  of  the  same  upon 
reasonable  terms  which  the  commission  shall  have  the  power  to  prescribe. 
Whenever  any  such  connection  or  spur  has  been  so  provided,  any 
corporation  or  person  shall  be  entitled  to  connect  with  the  private 
track,  tracks  or  railroad  thereby  connected  with  the  railroad  of  the 
railroad  corporation  and  to  use  the  same  or  to  use  the  spur  so 
provided  upon  payment  to  the  party  or  parties  incurring  the  pri- 
mary expense  of  such  private  track,  tracks  or  railroad,  or  the  connec- 
tion therewith  or  of  such  spur,  of  a  reasonable  proportion  of  the  cost 
thereof  to  be  determined  by  the  commission  after  notice  to  the  interested 
parties  and  a  hearing  thereon;  provided,  that  such  connection  and  use 
can  be  made  without  unreasonable  interference  with  the  rights  of  the 
party  or  parties  incurring  such  primary  expense. 

Must  switch  cars  of  connecting  corporation. 

(b)  The  commission  shall  likewise  have  the  power  to  require  one  rail- 
road corporation  to  switch  to  private  spurs  and  industrial  tracks  upon 
its  own  railroad  the  cars  of  a  connecting  railroad  corporation  and  to  pre- 
scribe the  terms  and  compensation  for  such  service. 


Act  2886,  §§  40-42  general  laws.  1756 

Connections  between  telephone  or  telegraph  lines  and  joint  rates  may 
be  established. 
§  40.  Whenever  the  commission,  after  a  hearing  had  upon  its  own 
motion  or  upon  complaint,  shall  find  that  a  physical  connection  can 
reasonably  be  made  between  the  lines  of  two  or  more  telephone  corpora- 
tions or  two  or  more  telegraph  corporations  whose  lines  can  be  made  to 
form  a  continuous  line  of  communication,  by  the  construction  and  main- 
tenance of  suitable  connections  for  the  transfer  of  messages  or  conversa- 
tions, and  that  public  convenience  and  necessity  will  be  subserved  there- 
by, or  shall  find  that  two  or  more  telegraph  or  telephone  corporations 
have  failed  to  establish  joint  rates,  tolls  or  charges  for  service  by  or 
over  their  said  lines,  and  that  joint  rates,  tolls  or  charges  ought  to  be 
established,  the  commission  may,  by  its  order,  require  that  such  connec- 
tion be  made,  except  where  the  purpose  of  such  connection  is  primarily 
to  secure  the  transmission  of  local  messages  or  conversations  between 
points  within  the  same  city  and  county,  or  city  or  town,  and  that  con- 
versations be  transmitted  and  messages  transferred  over  sych  connection 
under  such  rules  and  regulations  as  the  commission  may  establish,  and 
prescribe  through  lines  and  joint  rates,  tolls  and  charges  to  be  made,  and 
to  be  used,  observed  and  in  force  in  the  future.  If  such  telephone  or 
telegraph  corporations  do  not  agree  upon  the  division  between  them  of 
the  cost  of  such  physical  connection  or  connections  or  the  division  of 
the  joint  rates,  tolls  or  charges  established  by  the  commission  over  such 
through  lines,  the  commission  shall  have  authority,  after  further  hearing, 
to  establish  such  division  by  supplemental  order. 

Public  utility  may  be  required  to  allow  andther  to  use  equipment. 

§  41.  Whenever  the  commission,  after  a  hearing  had  upon  its  own 
motion  or  upon  complaint  of  a  public  utility  affected,  shall  find  that 
public  convenience  and  necessity  require  the  use  by  one  public  utility 
of  the  conduits,  subways,  tracks,  wires,  poles,  pipes  or  other  equipment, 
or  any  part  thereof,  on,  over,  or  under  any  street  or  highway,  and  be- 
longing to  another  public  utility,  and  that  such  use  will  not  result  in 
irreparable  injury  to  the  owner  or  other  users  of  such  conduits,  subways, 
tracks,  wires,  poles,  pipes  or  other  equipment  or  in  any  substantial 
detriment  to  the  service,  and  that  such  public  utilities  have  failed  to 
agree  upon  such  use  or  the  terms  and  conditions  or  compensation  for  the 
same,  the  commission  may  by  order  direct  that  such  use  be  permitted,  and 
prescribe  a  reasonable  compensation  and  reasonable  terms  and  conditions 
for  the  joint  use.  If  such  use  be  directed,  the  public  utility  to  whom  the 
use  is  permitted  shall  be  liable  to  the  owner  or  other  users  of  such  con- 
duits, subways,  tracks,  wires,  poles,  pipes  or  other  equipment  for  such 
damage  as  may  result  therefrom  to  the  property  of  such  owner  or  other 
users  thereof. 

Safety  devices. 

§  42.  The  commission  shall  have  power,  after  a  hearing  had  upon  its 
own   motion   or   upon    complaint,   bj'   general   or   special   orders,   rules   or 


1757  PUBLIC  UTILITIES.  Act  2886,  §§  43, 44 

regulations,  or  otherwise,  to  require  every  public  utility  to  construct, 
maintain  and  operate  its  line,  plant,  system,  equipment,  apparatus,  tracks 
and  premises  in  such  manner  as  to  promote  and  safeguard  the  health  and 
safety  of  its  employees,  passengers,  customers,  and  the  public,  and  to 
this  end  to  prescribe,  among  other  things,  the  installation,  use,  main- 
tenance and  operation  of  appropriate  safety  or  other  devices  or  ap- 
pliances, including  interlocking  and  other  protective  devices  at  grade 
crossings  or  junctions  and  block  or  other  systems  of  signaling,  to  establish 
uniform  or  other  standards  of  construction  and  equipment,  and  to  require 
the  performance  of  any  other  act  which  the  health  or  safety  of  its  em- 
ployees, passengers,  customers  or  the  public  may  demand.  [Amendment 
approved  June  14,  1913;  Stats.  1913,  p.  942.] 

Crossings. 

§  43.  (a)  No  public  road,  highway  or  street  shall  hereafter  be  con- 
structed across  the  track  of  any  railroad  corporation  at  grade,  nor  shall 
the  track  of  any  railroad  corporation  be  constructed  across  a  public  road, 
highway  or  street  at  grade,  nor  shall  the  track  of  any  railroad  corpora- 
tion be  constructed  across  the  track  of  any  other  railroad  or  street  rail- 
road corporation  at  grade,  nor  shall  the  track  of  a  street  railroad  cor- 
poration be  constructed  across  the  track  of  a  railroad  corporation  at 
grade,  without  having  first  secured  the  permission  of  the  commission; 
provided,  that  this  subsection  shall  not  apply  to  the  replacement  of  law- 
fully existing  tracks.  The  commission  shall  have  the  right  to  refuse  its 
permission  or  to  grant  it  upon  such  terms  and  conditions  as  it  may  pre- 
scribe. 

Manner  and  grade  of  crossings  to  be  determined  by  commission, 

(b)  The  commission  shall  have  the  exclusive  power  to  determine  and 
prescribe  the  manner,  including  the  particular  point  of  crossing,  and  the 
terms  of  installation,  operation,  maintenance,  use  and  protection  of  each 
crossing  of  one  railroad  by  another  railroad  or  street  railroad,  and  of  a 
street  railroad  by  a  railroad,  and  of  each  crossing  of  a  public  road  or 
highway  by  a  railroad  or  street  railroad  and  of  a  street  by  a  railroad  or  vice 
versa,  subject  to  the  provisions  of  section  2694  of  the  Political  Code,  so 
far  as  applicable,  and  to  alter  or  abolish  any  such  crossing,  and  to  re- 
quire where,  in  its  judgment,  it  would  be  practicable,  a  separation  of 
grades  at  any  such  crossing  heretofore  or  hereafter  established,  and  to 
prescribe  the  terms  upon  which  such  separation  shall  be  made  and  the 
proportions  in  which  the  expense  of  the  alteration  or  abolition  of  such 
crossings  or  the  separation  of  such  grades  shall  be  divided  between  the 
railroad  or  street  railroad  corporations  affected  or  between  such  corpora- 
tions and  the  state,  county,  municipality  or  other  public  authority  in 
interest. 

Investigation  of  accidents  by  commission.     Accidents  to  be  reported  by 
public  utility. 
§  44.     The    commission    shall    investigate    the    cause    of    all    accidents 
occurring  within   this   state   upon   the   property   of   any   public   utility    or 


Act  2886,  §§  45, 46  general  laws.  1758 

directly  or  indirectly  arising  from  or  connected  with  its  maintenance  or 
operation,  resulting  in  loss  of  life  or  injury  to  person  or  property  and 
requiring,  in  the  judgment  of  the  commission,  investigation  by  it,  and 
shall  have  the  power  to  make  such  order  or  recommendation  with  respect 
thereto  as  in  its  judgment  may  seem  just  and  reasonable;  provided,  that 
neither  the  order  or  recommendation  of  the  commission  nor  any  accident 
report  filed  with  the  commission  shall  be  admitted  as  evidence  in  any 
action  for  damages  based  on  or  arising  out  of  the  loss  of  life,  or  injury 
to  person  or  property,  in  this  section-  referred  to.  Every  public  utility 
is  hereby  required  to  file  with  the  commission,  tinder  such  rules  and 
regulations  as  the  commission  may  prescribe,  a  report  of  each  accident 
so  occurring  of  such  kinds  or  classes  as  the  commission  may  from  time 
to  time  designate. 

Handling  of  freight.  Equipment.  Time  of  loading  and  unloading.  De- 
murrage. 
§  45.  (a)  The  commission  shall  have  power  to  provide  by  proper  rules 
and  regulations  the  time  within  which  all  railroad  corporations  shall 
furnish,  after  demand  therefor,  all  cars,  equipment  and  facilities  neces- 
sary for  the  handling  of  freight  in  carload  and  less  than  carload  lots, 
the  time  within  which  consignors  or  persons  ordering  cars  shall  load 
the  same,  and  the  time  within  which  consignees  or  persons  to  whom 
freight  may  be  consigned  shall  unload  and  discharge  the  same  and  re- 
ceive freight  from  the  freight-rooms,  and  to  provide  penalties  to  be  paid 
for  failure  on  the  part  of  the  railroad  corporations,  consignors  and  con- 
signees to  conform  to  such  rules.  Charges  for  demurrage  shall  be  uniform 
eo  that  the  same  penalty  shall  be  paid  by  both  shipper  or  consignee  and 
railroad  corporation  for  an  equal  number  of  cars  for  each  day  for  which 
demurrage  is  charged. 

Express  packages.     Telegraph  and  telephone  messages. 

(b)  The  commission  shall  also  have  power  to  provide  the  time  within 
which  express  packages  shall  be  received,  gathered,  transported  and 
delivered  at  destination,  and  the  limits  within  which  express  packages 
shall  be  gathered  and  distributed  and  telegraph  and  telephone  messages 
delivered  without  extra  charge. 

Electricity,  gas  and  water.  Measurements,  standards  of  quality,  and  man- 
ner of  service. 
§  46.  (a)  The  commission  shall  have  |X)wer,  after  hearing  had  upon 
its  own  motion  or  upon  complaint,  to  ascertain  and  fix  just  and  reason- 
able standards,  classifications,  regulations,  practices,  measurements  or 
service  to  be  furnished,  imposed,  observed  and  followed  by  all  electrical, 
gas  and  water  corporations;  to  ascertain  and  fix  adequate  and  service- 
able standards  for  the  measurement  of  quantity,  quality,  pressure,  initial 
voltage  or  other  condition  pertaining  to  the  supply  of  the  product,  com- 
modity or  service  furnished  or  rendered  by  any  such  public  utility;  to 
prescribe  reasonable  regulations  for  the  examination  and  testing  of  such 


1759  ruBLic  UTILITIES.  Act  2886,  §  47 

product,  commodity  or  service,  and  for  the  measurement  thereof;  to 
establish  reasonable  rules,  regulations,  specifications  and  standards  to 
secure  the  accuracy  of  all  meters  and  appliances  for  measurements;  and 
to  provide  for  the  examination  and  testing  of  any  and  all  appliances  used 
for  the  measurement  of  any  product,  commodity  or  service  of  any  such 
public  utility. 

Authority  to  enter  premises  of  public  utility. 

(b)  The  commissioners  and  their  officers  and  employees  shall  have 
power  to  enter  upon  any  premises  occupied  by  any  public  utility,  for  the 
purpose  of  making  the  examinations  and  tests  and  exercising  any  of  the 
other  powers  provided  for  in  this  act,  and  to  set  up  and  use  on  such  prem- 
ises any  apparatus  and  appliances  necessary  therefor.  The  agents  and  em- 
ployees of  such  public  utility  shall  have  the  right  to  be  present  at  the 
making  of  such  examinations  and  tests. 

Consumer  may  have  appliance  tested. 

(c)  Any  consumer  or  user  of  any  product,  commodity  or  service  of  a 
public  utility  may  have  any  appliance  used  in  the  measurement  thereof 
tested  upon  paying  the  fees  fixed  by  the  commission.  The  commission 
shall  establish  and  fix  reasonable  fees  to  be  paid  for  testing  such  ap- 
pliances on  the  request  of  the  consumer  or  user,  the  fee  to  be  paid  by 
the  consumer  or  user  at  the  time  of  his  request,  but  to  be  paid  by  the 
public  utility  and  repaid  to  the  consumer  or  user  if  the  appliance  is  found 
defective  or  incorrect  to  the  disadvantage  of  the  consumer  or  user, 
under  such  rules  and  regulations  as  may  be  prescribed  by  the  commission. 

Power  to  ascertain  value  of  public  utilities.  Proceedings  by  public  body 
to  acquire  public  utility. 
§  47.  The  commission  shall  have  power  to  ascertain  the  value  of  the 
property  of  every  public  utility  in  this  state  and  every  fact  which  in  its 
judgment  may  or  does  have  any  bearing  on  such  value.  The  commission 
shall  have  power  to  make  revaluations  from  time  to  time  and  to  ascer- 
tain all  new  constructions  extensions  and  additions  to  the  property  of 
every  public  utility.  Any  county,  city  and  county,  incorporated  city  or 
town  or  municipal  water  district  may  at  any  time  file  with  the  commis- 
sion a  petition  setting  forth  the  intention  of  said  county,  city  and 
county,  incorporated  city  or  town  or  municipal  water  district  to  acquire 
under  eminent  domain  proceedings,  or  otherwise,  any  existing  public 
utility,  and  the  lands,  property  and  rights  of  any  character  whatsoever 
connected  with  such  existing  public  utility,  or  any  part  or  portion  thereof. 
Said  petition  shall  give  a  full  and  complete  description  of  said  public 
utility,  lands,  property  and  rights,  or  the  parts  or  portions  thereof  it  is 
so  i"ntended  to  acquire,  and  may  pray  that  the  commission  fix  and  deter- 
mine the  just  compensation  which  shall  be  paid  by  such  county,  city  and 
county,  incorporated  city  or  town,  or  municipal  water  district,  under  the 
law,  for  said  public  utility  and  said  lands,  property  and  rights  thereof, 
or  the  parts   or  portions   thereof  sought   to   be  acquired.     Or   the  legis- 


Act  2886,  §  47  GfENERAL  LAWS.  17G0 

lative  or  other  governing  body  of  any  such  county,  city  and  county,  in- 
corporated city  or  town,  or  municipal  water  district  may  file  with  the 
commission  a  petition  setting  forth  its  intention  to  initiate  such  proceed- 
ings as  may  be  required  under  the  law  governing  such  county,  city  and 
county,  incorporated  city  or  town  or  municipal  water  district,  for  the  pur- 
pose of  submitting  to  the  voters  of  said  county,  city  and  county,  incor- 
porated city  or  town,  or  municipal  water  district  a  proposition  to  acquire 
under  eminent  domain  proceedings,  or  otherwise,  any  existing  public  util- 
ity and  the  lands,  property  and  rights  of  any  character  whatsoever  eon 
nected  with  such  existing  public  utility,  or  any  parts  or  portions  thereof. 
Such  petition  shall  give  a  full  and  complete  description  of  the  said  public 
utility,  lands,  property,  rights,  or  the  parts  or  portions  thereof  concern 
ing  which  it  is  so  intended  to  initiate  said  proceedings  as  above  described. 
Upon  either  of  such  petitions  being  filed,  the  commission  shall  proceed  to 
fix  and  determine  the  just  compensation  that  should  be  paid  to  the  owner 
of  such  public  iitility  and  the  lands,  property  and  rights  thereof,  or  any 
such  parts  or  portions  thereof,  in  the  manner  and  in  accordance  with  the 
provisions  of  section  70  of  this  act.  In  the  case  of  the  petition  first  above 
described,  within  sixty  days  after  the  commission  shall  have  certified,  in 
accordance  with  section  70,  its  findings  as  to  the  just  compensation  that 
should  be  so  paid  for  such  existing  public  utility  and  the  lands,  property 
and  rights  thereof,  or  any  such  parts  or  portions  thereof,  the  said  county, 
city  and  county,  incorporated  city  or  town  or  municipal  water  district 
must  commence  an  action  in  a  court  of  competent  jurisdiction  and  in  a 
manner  in  accordance  with  the  provisions  of  law,  to  take  under  eminent- 
domain  proceedings  said  existing  public  utility  and  the  lands,  property 
and  rights  thereof  or  any  such  parts  or  portions  thereof,  the  value  of 
which  has  been  so  fixed  and  determined  as  herein  provided^  unless  the 
owner  of  such  existing  public  utility  and  the  lands,  property  and  rights 
thereof,  or  any  such  parts  or  portions  thereof,  shall  file  a  written  stipula- 
tion consenting  and  agreeing  to  accept  the  compensation  so  fixed  by  the 
commission  to  be  paid  by  the  said  county,  city  and  county,  incorporated 
city  or  town,  or  municipal  water  district  for  the  taking  of  said  existing 
public  utility  and  the  lands,  property  and  rights  thereof,  or  any  such 
parts  or  portions  thereof.  Said  county,  city  and  county,  incorporated  city 
or  town  or  municipal  water  district  shall  not  be  required  to  delay  for 
more  than  twenty  days  after  the  said  commission  shall  have  so  certified 
its  findings  in  accordance  with  said  section  70,  before  commencing  such 
proceedings  in  eminent  domain.  In  the  case  of  a  petition  of  said  legis- 
lative, or  other  governing  body  of  any  county,  city  and  county,  incor- 
porated city  or  town,  or  municipal  water  district,  filed  as  above  described, 
setting  forth  its  intention  to  so  initiate  such  proceedings  for  the  purpose 
of  so  submitting  a  proposition  to  the  voters  of  any  such  county,  city  and 
county,  incorporated  city  or  town  or  municipal  water  district,  then  within 
sixt}'  days  after  the  commission  shall  have  certified,  in  accordance  with 
section  70,  its  findings  as  to  the  just  compensation  that  should  be  so  paid 
for  such  existing  public  utility  and  the  lands,  property  and  rights  thereof, 


1761  PUBLIC  UTILITIES.  Act  2886,  §  47 

or  any  such  part  or  portion  thereof,  the  said  legislative  or  other  governing 
body  must  so  initiate  such  proceedings,  unless  there  be  obtained  a  writ 
of  review  from  the  supreme  court  of  the  state  of  California,  in  accordance 
with  the  provisions  of  section  70  hereof,  and  if  said  writ  of  review 
be  so  obtained  the  time  for  the  initiation  of  such  proceedings  shall  be 
extended  to  not  more  than  sixty  days  beyond  the  final  decision  of  the 
supreme  court  upon  such  writ  of  review.  If  the  people  of  any  such 
county,  city  and  county,  incorporated  city  or  town,  or  municipal  water 
district,  shall  thereafter,  as  required  by  the  law  governing  such  county, 
city  and  county,  incorporated  city  or  town  or  municipal  water  district, 
vote  in  favor  of  any  proposition  to  acquire  under  eminent  domain  pro- 
ceedings or  otherwise,  said  public  utility,  or  the  lands,  property  and 
rights  thereof,  or  any  such  parts  or  portions  thereof,  then  the  said  county, 
city  and  county,  incorporated  city  or  town,  or  municipal  water  district, 
shall,  within  sixty  days  after  the  people  have  so  declared  in  favor  of  such 
acquisition,  commence  an  action  in  a  court  of  competent  jurisdiction,  and 
in  a  manner  in  accordance  with  the  provisions  of  law,  to  take  under 
eminent  domain  proceedings  said  existing  utility  and  the  lands,  property 
and  rights  thereof,  or  any  such  parts  or  portions  thereof,  the  value  of 
which  has  been  so  fixed  and  determined  as  herein  provided,  unless  the 
owner  of  such  existing  public  utility  and  the  lands,  property  and  rights 
thereof,  or  any  such  parts  or  portions  thereof,  shall  file  a  written  stipu- 
lation consenting  and  agreeing  to  accept  the  compensation  so  fixed  by 
the  commission  to  be  paid  by  the  said  county,  city  and  county,  incor- 
porated city  or  town  or  municipal  water  district  for  the  taking  of  said 
existing  public  utility  and  the  lands,  property  and  rights  thereof,  or  any 
such  parts  or  portions  thereof.  Said  county,  city  and  county,  incor- 
porated city  or  town,  or  municipal  water  district  shall  not  be  required 
to  delay  for  more  than  twenty  days  after  the  said  commission  shall  have 
so  certified  its  findings,  in  accordance  with  said  section  70,  before  com- 
mencing such  proceedings  in  eminent  domain;  provided,  however,  that  in 
any  case  where  the  law  governing  any  such  county,  city  and  county,  in- 
corporated city  or  town,  or  municipal  water  district  permits  such  county, 
city  and  county,  incorporated  city  or  town,  or  municipal  water  district 
to  commence  and  prosecute  such  proceedings  in  eminent  domain  prior 
to  any  such  vote  being  had  by  the  people,  then  the  said  county,  city 
and  county,  incorporated  city  or  town,  or  municipal  water  district  whose 
legislative  or  other  governing  body  has  so  filed  such  a  petition  with  the 
commission,  as  above  described,  may,  within  sixty  days  after  the  commis- 
sion shall  have  certified,  in  accordance  with  section  70,  its  findings  as  to 
the  just  compensation  that  should  be  so  paid  for  such  existing  public 
utility  and  the  lands,  property  and  rights  thereof,  or  any  such  part  or 
portion  thereof,  commence  an  "action  in  a  court  of  competent  jurisdiction 
and  in  a  manner  and  in  accordance  with  the  provisions  of  law,  to  take 
under  eminent  domain  proceedings  said  existing  public  utility  and  the 
lands,  property  and  rights  thereof,  or  any  such  parts  or  portions  thereof, 
the  value  of  which  has  been  so  fixed  and  determined  as  herein  provided, 
111 


Act  2886,  §  47  general  laws.  1762 

unless  the  owner  of  such  existing  public  utility  and  the  lands,  property 
and  rights  thereof,  or  any  such  parts  or  portions  thereof,  shall  file  a 
"written  stipulation  consenting  and  agreeing  to  accept  the  compensation 
so  fixed  by  the  commission  to  be  paid  by  said  county,  city  and  county, 
incorporated  city  or  town,  or  municipal  water  district  for  the  taking  of 
said  existing  public  utility  and  the  lands,  property  and  rights  thereof, 
or  any  such  parts  or  portions  thereof.  Said  county,  city  and  county,  in- 
corporated city  or  town,  or  municipal  water  district,  shall  not  be  required 
to  delay  for  more  than  twenty  days  after  the  said  commission  shall  have 
so  certified  its  findings  in  accordance  with  said  section  70,  before  com- 
mencing such  proceedings  in  eminent  domain. 

Whenever  the  owner  of  such  existing  public  utility  and  such  lands, 
property  and  rights  thereof,  or  any  such  parts  or  portions  thereof,  shall 
file  such  a  stipulation,  the  said  county,  city  and  county,  incorporated  city 
or  town  or  municipal  water  district  must  proceed  with  all  due  diligence 
to  provide  the  necessary  funds  under  the  laws  governing  the  providing 
of  such  funds,  for  paying  to  the  owner  of  such  existing  public  utility 
and  such  lands,  property  and  rights  thereof  or  any  such  parts  or  por- 
tion? thereof,  the  amount  fixed  by  the  commission  as  the  just  compensa 
tion  to  be  paid.  Upon  such  compensation  being  paid  to  the  owner  of 
said  existing  public  utility  or  the  lands,  property  and  rights  thereof,  or 
any  such  parts  or  portions  thereof,  the  owner  thereof  shall  make  and 
execute  to  the  said  county,  city  and  county,  incorporated  city  or  town 
or  municipal  water  district  a  deed  of  grant,  bargain  and  sale  conveying 
all  of  the  right,  title  and  interest  such  owner  has  in  the  existing  public 
utility  and  lands,  property  and  rights  thereof,  or  any  such  parts  or  por- 
tions thereof  whose  value  has  been  so  fixed  as  herein  provided.  And  in 
default  of  such  deed  the  commission  is  hereby  empowered  to  execute 
such  deed,  as  the  trustee  of  said  public  utility  and  lands,  property  and 
rights  thereof,  or  any  such  parts  or  portions  thereof.  Should  the  owner 
of  such  existing  public  utility  and  the  lands,  property  and  rights  thereof, 
or  such  parts  or  portions  thereof,  fail  to  file  such  a  written  stipulation 
as  above,  the  said  county,  city  and  county,  incorporated  city  or  town  or 
municipal  water  district  must  commence  the  action  herein  provided  for 
within  the  time  herein  provided  for.  In  siich  action  the  compensation 
fixed  by  the  commission  to  be  paid  for  such  existing  public  utility  and 
the  lands,  property  and  rights  thereof,  or  any  such  parts  or  portions 
thereof,  shall  be  deemed  final  and  conclusive  between  the  parties;  and 
the  court  in  which  the  action  is  pending,  if  it  shall  first  decide  that  such 
county,  city  and  county,  incorporated  city  or  town,  or  municipal  water 
district  has  the  right  and  power  under  the  law  to  take  the  said  existing 
public  utility  and  the  lands,  property  and  rights  thereof,  or  such  parts 
or  portions  thereof,  whose  value  has  been  so  fixed  as  herein  provided  for, 
shall  enter  a  decree  in  favor  of  the  said  county,  city  and  county,  incor- 
porated city  or  town,  or  municipal  water  district,  as  provided  by  law, 
fixing  the  amount  that  shall  be  paid  as  the  just  compensation  for  the 
taking  of  such  existing  public  utility  and  the  lauds,  property  and  rights 


1763  PUBLIC  UTILITIES.  Act  2886,  §  47 

thereof,  or  any  parts  or  portions  thereof,  as  the  amount  fixed  and  de- 
termined by  the  commission.  The  judgment  shall  include  a  provision, 
in  substance,  that  said  judgment  is  subject  to  modification  on  account 
of  any  unreasonable  depreciation  or  deterioration  in  value  of  the  prop- 
erty taken,  or  on  account  of  any  loss  which  might  be  suffered  by  the 
owner  of  said  public  utility  through  his  being  required  to  properly  take 
care  of  said  property,  as  is  hereinafter  more  fully  provided  for.  If 
between  the  date  of  the  filing  of  any  such  petition  and  the  payment  of 
the  compensation  to  the  owner  of  the  public  utility,  the  owner  of  the 
public  utility  shall  permit  the  property  taken  to  unreasonably  depreciate 
or  deteriorate  in  value,  the  said  county,  city  and  county,  incorporated 
city  or  town  or  municipal  water  district  may  file  with  the  commission  a 
petition  setting  forth  that  fact,  and  praying  that  the  commission  de- 
termine and  fix  the  amount  of  said  unreasonable  depreciation  or  de- 
terioration. The  commission  shall  thereupon  order  a  copy  of  said 
petition  to  be  served  upon  the  owner  of  said  public  utility  with  an  order 
to  within  ten  days  appear  before  said  commission  and  show  cause  why 
there  should  not  be  deducted  from  the  amount  of  compensation  to  be 
paid  an  amount  suiBcient  to  cover  said  depreciation  or  deterioration. 
The  commission  shall  on  the  day  so  fixed,  unless  for  good  cause  the 
hearing  is  continued,  proceed  to  ascertain  whether  there  has  been 
any  such  depreciation  or  deterioration,  and  if  so,  what  amount  should 
be  deducted  therefor  from  the  compensation  to  be  paid.  Hearings  shall 
be  had  in  the  same  manner  as  provided  in  section  70  of  this  act.  The 
commission  shall  thereupon  certify  to  the  court  any  amount  which  may 
be  determined  upon  that  should  be  so  deducted  from  the  compensation, 
and  the  court  shall  thereupon  modify  its  judgment  in  order  to  conform 
with  said  ascertainment  by  said  commission.  If  between  the  time 
when  the  judgment  in  condemnation  has  become  final  and  the  time  of 
the  payment  of  the  compensation  the  owner  of  the  public  utility  shall, 
in  order  to  preserve  the  property,  be  required  to  suffer  a  loss,  the  said 
owner  may  file  a  petition  with  the  commission  setting  forth  this  fact, 
and  praying  that  the  commission  determine  and  fix  the  amount  of  the 
loss  which  the  owner  has  so  suffered.  The  commission  shall  thereupon 
order  a  copy  of  said  petition  to  be  served  upon  the  said  county,  city 
and  county,  incorporated  city  or  town  or  municipal  water  district,  with 
an  orde%-  to  within  ten  days  appear  before  said  commission  to  show 
cause  why  there  should  not  be  paid,  in  addition  to  the  amount  of  the 
judgment,  an  amount  suflScient  to  compensate  for  the  said  loss.  The 
commission  shall  on  the  day  so  fixed,  unless  for  good  cause  the  hear- 
ing is  continued,  proceed  to  ascertain  whether  there  has  been  any  such 
loss,  and  if  so,  how  much.  The  hearing  shall  be  conducted  as  provided 
in  section  70  of  this  act.  The  commission  shall  thereupon  certify  to 
the  court  any  amount  of  loss  so  determined  upon,  and  the  court  shall 
thereupon  modify  its  judgment  in  order  to  conform  with  said  ascertain- 
ment by  the  commission.  Said  amount  of  loss  which  may  be  so  required 
to  be  paid  to  the  owner  of  said  utility  shall  not  be  considered  as  com- 


Act  2886,  §  47  general  laws.  1764 

pensation  for  the  property  taken,  but  shall  be  considered  as  damages 
awarded  for  the  loss  so  sustained  by  the  owner  of  the  utility.  And  the 
filing  of  any  such  petition  by  the  owner  of  the  utility  shall  not  act  as 
a  stay  of  the  decree  in  condemnation,  but  upon  the  payment  of  the 
amount  fixed  in  the  original  decree  in  condemnation,  the  plaintiff  shall 
be  entitled  to  immediate  possession  of  the  property  taken.  The  findings 
of  the  commission  fixing  the  just  compensation  to  be  paid  or  the  amount 
that  should  thus  be  deducted  from  the  judgment  on  account  of  such 
unreasonable  depreciation  or  deterioration,  or  that  should  thus  be  added 
to  the  judgment  on  account  of  said  loss  suffered,  shall  be  subject  to  re- 
view by  the  supreme  court  of  this  state  in  the  same  manner  and  within 
the  same  time  as  other  orders  and  decisions  of  the  commission.  Said 
writ  of  review  may  be  issued  at  the  instance  of  either  the  owner  of  the 
public  utility  or  of  the  said  county,  city  and  county,  incorporated  city 
or  town,  or  municipal  water  district. 

Should  a  writ  of  review  be  obtained  from  the  supreme  court  of  the 
state  of  California  in  accordance  with  Tie  provisions  of  section  70 
hereof,  the  time  for  the  filing  of  siieh  suit  in  eminent  domain  by  the  said 
county,  city  and  county,  incorporated  city  or  town  or  municipal  water 
district  shall  be  extended  to  not  more  than  sixty  days  beyond  the  final 
decision  of  the  supreme  court  upon  such  writ  of  review;  or,  should  said 
writ  of  review  be  obtained  prior  to  the  vote  by  the  people  of  said 
county,  city  and  county,  incorporated  city  or  town  or  municipal  water 
district  upon  any  such  proposition,  then  said  sixty  days  period  to  be 
extended  to  not  longer  than  sixty  days  after  such  vote  is  had.  If  the 
said  county,  city  and  county,  incorporated  city  or  town  or  municipal 
water  district  or  the  legislative  or  other  governing  body  thereof  shall 
fail  to  file  such  suit  or  proceed  diligently  to  enforce  the  rights  herein 
conferred  and  in  the  manner  herein  set  forth,  then  upon  written  peti- 
tion from  the  owner  of  such  existing  public  utility  setting  forth  said 
fact,  the  commission  shall  cause  a  notice  of  not  less  than  ten  days  to 
be  given  to  said  county,  city  and  county,  incorporated  city  or  town  or 
municipal  water  district  to  appear  before  said  commission  and  show 
cause  why  an  order  should  not  be  made  by  said  commission,  finding  that 
the  said  county,  city  and  county,  incorporated  city  or  town  or  municipal 
water  district  has  failed  to  diligently  pursue  its  rights  hereby  conferred, 
and  determining  that  the  findings  of  the  said  commission  theretofore 
made  as  to  the  just  compensation  that  should  be  paid  for  the  existing 
public  utility  and  the  lands,  property  and  rights  thereof,  or  any  such 
part  or  portion  thereof,  shall  no  longer  be  of  any  force  or  effect.  And 
said  notice  shall  include  a  copy  of  said  written  petition  so  filed  by  said 
owner  of  such  existing  public  utility.  If  the  commission  shall  determine 
that  said  county,  city  and  county,  incorporated  city  or  town,  or  munici- 
pal water  district,  or  the  legislative  or  other  governing  body  thereof, 
has  so  failed  to  either  file  such  suit  or  to  proceed  diligently  to  enforce 
the  rights  herein  conferred  and  in  the  manner  herein  set  forth,  the  com- 
mission shall  make  and  enter  such  an  order  as  so  petitioned  for  by  the 


1765  PUBLIC  UTILITIES.  Act  2886,  §  48 

owner  of  such  existing  public  utility.  Should  the  supreme  court,  upon 
a  writ  of  review  being  obtained,  decide  that  in  any  manner  the  commis- 
sion has  not  lawfully  pursued  its  power  hereby  conferred  or  conferred 
in  this  act,  the  supreme  court  shall  make  its  findings  and  refer  the  mat- 
ter back  to  the  commission  for  correction  or  further  action.  Upon  such 
writ  coming  down  to  the  commission  it  shall  proceed,  as  in  the  first  in- 
stance, to  correct  its  findings  in  the  manner  specified  in  the  writ  of 
review.^  Any  such  county,  city  and  county,  incorporated  city  or  town, 
or  municipal  water  district  must  pay  at  such  times  in  such  amounts  as 
may  be  directed  by  said  railroad  commission  any  extra  costs  which  it 
might  be  necessary  for  said  railroad  commission  to  incur  in  order  to 
comply  with  the  requirements  of  this  section.  And  the  court,  upon 
rendering  any  judgment  in  eminent  domain,  as  herein  provided  for,  may 
include  therein  the  allowance  of  such  costs  as  between  the  parties  as  is 
provided  for  in  the  law  of  eminent  domain  of  this  sfate.  The  rights 
herein  conferred  upon  any  county,  city  and  county,  incorporated  city  or 
town  or  municipal  water  district  or  upon  the  legislative,  or  other  govern- 
ing body  thereof,  to  so  file  with  the  commission  a  petition  for  the  ascer- 
tainment of  the  just  compensation  that  should  be  so  paid  for  any  such 
existing  public  utility  and  lands,  property  and  rights  thereof,  or  any 
such  part  or  portion  thereof,  shall  not  be  considered  as  an  exclusive 
mode  of  procedure,  but  shall  be  considered  as  an  alternative  and  cumu- 
lative procedure  which  may  be  followed  by  such  county,  city  and  county, 
incorporated  city  or  town  or  municipal  water  district  or  the  legislative 
or  other  governing  body  thereof,  in  addition  to  any  other  method  of 
procedure  provided  for  in  law  for  the  taking  by  said  county,  city  and 
county,  incorporated  city  or  town,  or  municipal  water  district,  of  any 
such  public  utility  or  lands,  property  and  rights  thereof,  or  any  such  part 
or  portion  thereof,  under  eminent  domain  proceedings,  in  accordance  with 
the  law  of  this  state;  and  this  act  shall  not  be  construed  as  repealing  any 
law  of  this  state  providing  for  such  eminent  domain  proceedings. 
[Amendment  approved  June  11,  1913;  Stats.  1913,  p.  684.] 

General  supervision  of  accounts  of  public  utilities. 

§  48.  The  commission  shall  have  power  to  establish  a  system  of  ac- 
counts to  be  kept  by  the  public  utilities  subject  to  its  jurisdiction,  or 
to  classify  said  public  utilities  and  to  establish  a  system  of  accounts  for 
each  class,  and  to  prescribe  the  manner  in  which  such  accounts  shall  be 
kept.  It  may  also  in  its  discretion  prescribe  the  forms  of  accounts, 
records  and  memoranda  to  be  kept  by  such  public  utilities,  including  the 
accounts,  records  and  memoranda  of  the  movement  of  traffic  as  well  as 
the  receipts  and  expenditures  of  moneys,  and  any  other  forms,  records 
and  memoranda  which  in  the  judgment  of  the  commission  may  be  neces- 
sary to  carry  out  any  of  the  provisions  of  this  act.  The  system  of  ac- 
counts established  by  the  commission  and  the  forms  of  accounts,  records 
and  memoranda  prescribed  by  it  shall  not  be  inconsistent,  in  the  case 
of  corporations  subject  to  the  provisions  of  the  act  of  Congress  entitled 
"An  act  to  regulate  commerce,"  approved  February  4,  1SS(,  and  the  acts 


Act  2886,  §§  49, 50  general  laws.  1766 

amendatory  thereof  and  supplementary  thereto,  with  the  systems  and 
forms  from  time  to  time  established  for  such  corporations  b\^  the  interstate 
commerce  commission,  but  nothing  herein  contained  shall  affect  the  power 
of  the  commission  to  prescribe  forms  of  accounts,  records  and  memoranda 
covering  information  in  addition  to  that  required  by  the  interstate  com- 
merce commission.  The  commission  may,  after  hearing  had  upon  its  own 
motion  or  upon  complaint,  prescribe  by  order  the  accounts  in  which  particu- 
lar outlays  and  receipts  shall  be  entered,  charged  or  credited.  Where  the 
commission  has  prescribed  the  forms  of  accounts,  records  or  memoranda  to 
be  kept  by  any  public  utility  for  any  of  its  business,  it  shall  thereafter 
be  unlawful  for  such  public  utility  to  keep  any  accounts,  records  or 
memoranda  for  such  business  other  than  those  so  prescribed,  or  those 
prescribed  by  or  under  the  authority  of  any  other  state  or  of  the  United 
States,  excepting  such  accounts,  records  or  memoranda  as  shall  be  ex- 
planatory of  and  supplemental  to  the  accounts,  records  or  memoranda 
prescribed  by  the  commission. 

Depreciation  accounts. 

§  49.  The  commission  shall  have  power,  after  hearing,  to  require 
any  or  all  public  utilities  to  carry  a  proper  and  adequate  depreciation 
account  in  accordance  with  such  rules,  regulations  and  forms  of  account 
as  the  commission  may  prescribe.  The  commission  may,  from  time  to 
time,  ascertain  and  determine  and  by  order  fix  the  proper  and  adequate 
rates  "of  depreciation  of  the  several  classes  of  property  of  each  public 
utility.  Each  public  utility  shall  conform  its  depreciation  accounts  to 
the  rates  so  ascertained,  determined  and  fixed,  and  shall  set  aside  the 
moneys  so  provided  for  out  of  earnings  and  carry  the  same  in  a  deprecia- 
tion fund  and  expend  such  fund  onl,v  for  such  purposes  and  under  such 
rules  and  regulations,  both  as  to  original  expenditure  and  subsequent 
replacement  as  the  commission  may  prescribe.  The  income  from  invest- 
ments of  moneys  in  such  fund  shall  likewise  be  carried  in  such  fund. 

Construction  work  to  be  undertaken  only  with  approval  of  commission. 
Interference  between  public  utilities. 
§  50.  (a)  No  street  railroad  corporation,  gas  corporation,  electrical 
corporation,  telephone  corporation  or  water  corporation  shall  henceforth 
begin  the  construction  of  a  street  railroad,  or  of  a  line,  plant  or  system, 
or  of  any  extension  of  such  street  railroad,  or  line,  plant,  or  system, 
without  having  first  obtained  from  the  commission  a  certificate  that  the 
present  or  future  public  convenience  and  necessity  require  or  will  require 
such  construction;  provided,  that  this  section  shall  not  be  construed  to 
require  any  such  corporation  to  secure  such  certificate  for  an  extension 
within  any  city  and  county  or  city  or  town  within  which  it  shall  have 
theretofore  lawfully  commenced  operations,  or  for  an  extension  into 
territory  either  within  or  without  a  city  and  county  or  city  or  town,  con- 
tiguous to  its  street  railroad,  or  line,  plant  or  system,  and  not  thereto- 
fore  served  by  a  public   utility   of   like   character,   or   for  an   extension 


1767  PUBLIC  UTILITIES.  Act  2886,  §  50 

within  or  to  territory  already  served  by  it,  necessary  in  the  ordinary 
course  of  its  business;  and  provided,  further,  that  if  any  public  utility, 
in  constructing  or  extending  its  line,  plant,  or  system,  shall  interfere  or 
be  about  to  interfere  with  the  operation  of  the  line,  plant  or  system  of 
any  other  public  utility,  already  constructed,  the 'commission, 'on  com- 
plaint of  the  public  utility  claiming  to  be  injuriously  affected,  may,  after 
hearing,  make  such  order  and  prescribe  such  terr»is  and  conditions  for  the 
location  of  the  lines,  plants  or  systems  affected  as  to  it  may  seem  just 
and  reasonable. 

Exercise  of  right  or  privilege  not  heretofore  exercised. 

(b)  No  public  utility  of  a  class  specified  in  subsection  (a)  hereof 
shall  henceforth  exercise  any  right  or  privilege  under  any  franchise  or 
permit  hereafter  granted,  or  under  any  franchise  or  permit  heretofore 
granted  but  not  heretofore  actually  exercised,  or  the  exercise  of  which 
has  been  suspended  for  more  than  one  year,  without  first  having  ob- 
tained from  the  commission  a  certificate  that  public  convenience  and 
necessity  require  the  exercise  of  such  right  or  privilege;  provided,  that 
when  the  commission  shall  find,  after  hearing,  that  a  public  utility  has 
heretofore  begun  actual  construction  work  and  is  prosecuting  such  work, 
in  good  faith,  uninterruptedly  and  with  reasonable  diligence  in  propor- 
tion to  the  magnitude  of  the  undertaking,  under  any  franchise  or  permit 
heretofore  granted  but  not  heretofore  actually  exercised,  such  public 
utility  may  proceed,  under  such  rules  and  regulations  as  the  commiss°ion 
may  prescribe,  to  the  completion  of  such  work,  and  may,  after  such  com- 
pletion, exercise  such  right  or  privilege;  and  provided,  further,  that  this 
section  shall  not  be  construed  to  validate  any  right  or  privilege  now  in- 
valid or  hereafter  becoming  invalid  under  any  law  of  this  state. 

Hearing  by  commission,  and  issuance  of  certificate  for  construction  or 
operation. 

(c)  Before  any  certificate  may  issue,  under  this  section,  a  certified 
copy  of  its  articles  of  incorporation  or  charter,  if  the  applicant  be  a  cor- 
poration, shall  be  filed  in  the  office  of  the  commission.  Every  applicant 
for  a  certificate  shall  file  in  the  office  of  the  commission  such  evidence 
as  shall  be  required  by  the  commission  to  show  that  such  applicant  has 
received  the  required  consent,  franchise  or  permit  of  the  proper  county, 
city  and  county,  municipal  or  other  public  authority.  The  commission 
shall  have  power,  after  hearing,  to  issue  said  certificate,  as  prayed  for, 
or  to  refuse  to  issue  the  same,  or  to  issue  it  for  the  construction  of  a 
portion  only  of  the  contemplated  street  railroad,  line,  plant  or  system, 
or  extension  thereof,  or  for  the  partial  exercise  only  of  said  right  or 
privilege,  and  may  attach  to  the  exercise  of  the  rights  granted  by  said 
certificate  such  terms  and  conditions  as  in  its  judgment  the  public  con- 
venience and  necessity  may  require.  If  a  public  utility  desires  to  exer- 
cise a  right  or  privilege  under  a  franchise  or  permit  which  it  contemplates 
F.eeuring,  but  which  has  not  as  yet  been  granted  to  it,  such  public  utility 


Act  2886,  §  51  GENERAL   LAWS.  1763 

may  apply  to  the  commission  for  an  order  preliminary  to  the  issiie  of 
the  certificate.  The  commission  may  thereupon  make  an  order  declaring 
that  it  will  thereafter,  upon  application,  under  such  rules  and  regulations 
as  it  may  prescribe,  issue  the  desired  certificate,  upon  such  terms  and 
conditions  as  it  may  designate,  after  the  public  utility  has  obtained  the 
contemplated  franchise  or  permit.  Upon  the  presentation  to  the  com- 
mission of  evidence  satisfactory  to  it  that  such  franchise  or  permit  has 
been  secured  by  such  public  utility,  the  commission  shall  thereupon  issue 
such  certificate. 

Property  or  franchise  of  public  utility  to  "be  disposed  of  only  by  author- 
ity of  commission. 

§  51.  (a)  No  railroad  corporation,  street  railroad  corporation,  pipe- 
line corporation,  gas  corporation,  electrical  corporation,  telephone  cor- 
poration, telegraph  corporation  or  water  corporation  shall  henceforth  sell, 
lease,  assign,  mortgage  or  otherwise  dispose  of  or  encumber  the  whole 
or  any  part  of  its  railroad,  street  railroad,  line,  plant  or  system,  neces- 
sary or  useful  in  the  performance  of  its  duties  to  the  public,  or  any 
franchise  or  permit  or  any  right  thereunder,  nor  by  any  means  whatso- 
ever, direct  or  indirect,  merge  or  consolidate  its  railroad,  street  railroad, 
line,  plant  or  system,  or  franchises  or  permits  or  any  part  thereof,  with 
any  other  public  utility,  without  having  first  secured  from  the  commis- 
sion an  order  authorizing  it  so  to  do.  Every  such  sale,  lease,  assignment, 
mortgage,  disposition,  encumbrance,  merger  or  consolidation  made  other 
than  in  accordance  with  the  order  of  the  commission  authorizing  the 
same  shall  be  void.  The  permission  and  approval  of  the  commission  to 
the  exercise  of  a  franchise  or  permit  under  section  50  of  this  act,  or 
the  sale,  lease,  assignment,  mortgage  or  other  disposition  or  encumbrance 
of  a  franchise  or  permit  under  this  section  shall  not  be  construed  to  re- 
vive or  validate  any  lapsed  or  invalid  franchise  or  permit,  or  to  enlarge 
or  add  to  the  powers  or  privileges  contained  in  the  grant  of  any  fran- 
chise or  permit,  or  to  waive  any  forfeiture.  Nothing  in  this  subsection 
contained  shall  be  construed  to  prevent  the  sale,  lease  or  other  disposi- 
tion by  any  public  utility  of  a  class  designated  in  this  subsection  of 
property  which  is  not  necessary  or  useful  in  the  performance  of  its  duties 
to  the  public,  and  any  sale  of  its  property  by  such  public  utility  shall 
be  conclusively  presumed  to  have  been  of  property  which  is  not  useful 
or  necessary  in  the  performance  of  its  duties  to  the  public,  as  to  any 
purchaser  of  such  property  in  good  faith  for  value. 

Transfer  of  stock  between  public  utilities. 

(b)  No  public  utility  shall  hereafter  purchase  or  acquire,  take  or  hold, 
any  part  of  the  capital  stock  of  any  other  public  utility,  organized  or 
existing  under  or  by  virtue  of  the  laws  of  this  state,  without  haviug 
been  first  authorized  to  do  so  by  the  commission.  Every  assignment, 
transfer,  contract  or  agreement  for  assignment  or  transfer  of  any  stock 
by  or  through  any  person  or  corporation  to  any  corporation  or  otherwise 
in  violation   of  any  of  the   provisions  of  this   section   shall  be   void  and 


1769  PUBLIC  UTILITIES.  Act  2886,  §  52 

of  no  effect,  and  no  such  transfer  shall  be  made  on  the  books  of  any- 
public  utility.  Nothing  herein  contained  shall  be  construed  to  prevent 
the  holding  of  stock  heretofore  lawfully  acquired. 

Stocks,  bends,  etc. 

§  52.  (a)  The  power  of  public  utilities  to  issue  stocks  and  stock  cer- 
tificates, and  bonds,  notes  and  other  evidences  of  indebtedness  and  to 
create  liens  on  their  property  situated  within  this  state  is  a  special  priv- 
ilege, the  right  of  supervision,  regulation,  restriction  and  control  of 
which  is  and  shall  continue  to  be  vested  in  the  state,  and  such  power 
shall  be  exercised  as  provided  by  law  and  under  such  rules  and  regu- 
lations as  the  commission  may   prescribe. 

Proceedings  on  Issuance  of  stocks,  bonds,  notes  and  evidences  of  in- 
debtedness. Capitalization  of  corporate  right  or  franchise  or  of 
consolidation  or  lease, 
(b)  A  public  utility  may  issue  stocks  and  stock  certificates,  and  bonds, 
notes  and  other  evidences  of  indebtedness  payable  at  periods  of  more 
than  twelve  months  after  the  date  thereof,  for  the  following  purposes 
and  no  others,  namely,  for  the  acquisition  of  property,  or  for  the  con- 
struction, completion,  extension  or  improvement  of  its  facilities,  or  for 
the  improvement  or  maintenance  of  its  service,  or  for  the  discharge  or 
lawful  refunding  of  its  obligations,  or  for  the  reimbursement  of  moneys 
actually  expended  from  income  or  from  any  other  moneys  in  the  treasury 
of  the  public  utility  not  secured  by  or  obtained  from  the  issue  of  stocks 
or  stock  certificates,  or  bonds,  notes  or  other  evidences  of  indebtedness 
of  such  public  utilit}',  within  five  years  next  prior  to  the  filing  of  an 
application  with  the  commission  for  the  required  authorization,  for  any 
of  the  aforesaid  purposes  except  maintenance  of  service  and  replace- 
ments, in  cases  where  the  applicant  shall  have  kept  its  accounts  and 
vouchers  for  such  expenditures  in  such  manner  as  to  enable  the  commis- 
sion to  ascertain  the  amount  of  moneys  so  expended  and  the  purposes  for 
which  such  expenditure  was  made;  provided,  that  such  public  utility,  in 
addition  to  the  other  requirements  of  law,  shall  first  have  secured  from 
the  commission  an  order  authorizing  such  issue  and  stating  the  amount 
thereof  and  the  purpose  or  purposes  to  which  the  issue  or  the  proceeds 
thereof  are  to  be  applied,  and  that,  in  the  opinion  of  the  commission, 
the  money,  property  or  labor  to  be  procured  or  paid  for  by  such  issue 
is  reasonably  required  for  the  purpose  or  purposes  specified  in  the  order, 
and  that,  except  as  otherwise  permitted  in  the  order  in  the  case  of 
bonds,  notes  or  other  evidences  of  indebtedness,  such  purpose  or  purposes 
are  not,  in  whole  or  in  part,  reasonably  chargeable  to  operating  expenses 
or  to  income.  To  enable  it  to  determine  whether  it  will  issue  such  order, 
the  commission  shall  hold  a  hearing  and  may  make  such  additional  in- 
quiry or  investigation,  and  examine  such  witnesses,  books,  papers,  docu- 
ments and  contracts  and  require  the  filing  of  such  data  as  it  may  deem 
of  assistance.  The  commission  may  by  its  order  grant  permission  for 
the   issue  of  such   stocks  or  stock  certificates,   or  bonds,  notes  or  other 


Act  2886,  §  52  general  laws.  1770 

evidences  of  indebtedness  in  the  amount  applied  for,  or  in  a  lesser 
amount,  or  not  at  all,  and  may  attach  to  the  exercise  of  its  permission 
such  condition  or  conditions  as  it  may  deem  reasonable  and  necessary. 
The  commission  may  authorize  issues  of  bonds,  notes  or  other  evidences 
of  indebtedness,  less  than,  equivalent  to  or  greater  than  the  authorized 
or  subscribed  capital  stock  of  a  public  utility  corporation,  and  the  pro- 
visions of  section  309  and  456  of  the  Civil  Code  of  this  state,  in  so  far 
as  they  contain  inhibitions  against  the  creation  by  corporations  of  in- 
debtedness, evidenced  by  bonds,  notes  or  otherwise,  in  excess  of  their 
total  authorized  or  subscribed  capital  stock  shall  have  no  application 
to  public  utility  corporations.  No  public  utility  shall,  without  the  con- 
sent of  the  commission,  apply  the  issue  of  any  stock  or  stock  certificate, 
or  bond,  note  or  other  evidence  of  indebtedness,  or  any  part  thereof,  or 
any  proceeds  thereof,  to  any  purpose  not  specified  in  the  commission's 
order,  or  to-  any  purpose  specified  in  the  commission's  order  in  excess  of 
the  amount  authorized  for  such  purpose,  or  issue  or  dispose  of  the  same 
on  any  terms  less  favorable  than  those  specified  in  such  order,  or  a  mod- 
ification thereof.  A  public  utilitj'  may  issue  notes,  for  proper  purposes 
and  not  in  violation  of  any  provision  of  this  act  or  any  other  act,  pay- 
able  at  periods  of  not  more  than  twelve  months  after  the  date  of  issu- 
ance of  the  same,  without  the  consent  of  the  commission,  but  no  such 
note  shall,  in  whole  or  in  part,  be  refunded  by  any  issue  of  stocks  or 
stock  certificates,  or  of  bonds,  notes  of  any  term  or  character  or  any 
other  evidence  of  indebtedness,  without  the  consent  of  the  commission. 
The  commission  shall  have  no  power  to  authorize  the  capitalization  of 
the  right  to  be  a  corporation,  or  to  authorize  the  capitalization  of  any 
franchise  or  permit  whatsoever  or  the  right  to  own,  operate  or  enjoy  any 
such  franchise  or  permit,  in  excess  of  the  amount  (exclusive  of  any  tax 
or  annual  charge)  actually  paid  to  the  state  or  to  a  political  subdivision 
thereof  as  the  consideration  for  the  grant  of  such  franchise,  permit  or 
right;  nor  shall  any  contract  for  consolidation  or  lease  be  capitalized, 
nor  shall  any  public  utility  hereafter  issue  any  bonds,  notes  or  other 
evidences  of  indebtedness  against  or  as  a  lien  upon  any  contract  for 
consolidation  or  merger. 

Accounting  for  disposition  of  proceeds. 

(c)  The  commission  shall  have  the  power  to  require  public  utilities 
to  account  for  the  disposition  of  the  proceeds  of  all  sales  of  stocks  and 
stock  certificates,  and  bonds,  notes  and  other  evidences  of  indebtedness, 
in  such  form  and  detail  as  it  may  deem  advisable,  and  to  establish  such 
rules  and  regulations  as  it  may  deem  reasonable  and  necessary  to  insure 
the  disposition  of  such  proceeds  for  the  purpose  or  purposes  specified 
in  its  order. 

Stocks,  bonds,  etc.,  unlawfully  issued  shall  be  void. 

(d)  All  stock  and  every  stock  certificate,  and  every  bond,  note  or 
other  evidence  of  indebtedness,  of  a  public  utility,  issued  without  an 
order   of  the  commission    authorizing   the   same   then   iu   effect   shall   be 


1771  PUBLIC  UTILITIES.  Act  2886,  §  52 

void,  and  likewise  all  stock  and  every  stock  certificate,  and  every  bond, 
note  or  other  evidence  of  indebtedness,  of  a  public  utility,  issued  with 
the  authorization  of  the  commission,  but  not  conforming  in  its  provi- 
sions to  the  provisions,  if  any,  which  it  is  required  by  the  order  of 
authorization  of  the  commission  to  contain,  shall  be  void;  but  no  failure 
in  any  other  respect  to  comply  with  the  terms  'or  conditions  of  the  order 
of  authorization  of  the  commission  shall  render  void  any  stock  or  stock 
certificate,  or  any  bond,  note  or  other  evidence  of  indebtedness,  except 
as  to  a  corporation  or  person  taking  the  same  otherwise  than  in  good 
faith  and  for  value  and  w^ithout  actual  notice. 

Penalty  for  lUilawfiU  issue  or  disposition  of  proceeds  by  public  utility. 

(e)  Every  public  utility  which,  directly  or  indirectly,  issues  or  causes 
to  be  issued,  any  stock  or  stock  certificate,  or  bond,  note  or  other  evi- 
dence of  indebtedness,  in  nonconformity  with  the  order  of  the  commission 
authorizing  the  same,  or  contrary  to  the  provisions  of  this  act,  or  of  the 
constitution  of  this  state,  or  which  applies  the  proceeds  from  the  sale 
thereof,  or  any  part  thereof,  to  any  purpose  other  than  the  purpose  or 
purposes  specified  in  the  commission's  order,  as  herein  provided,  or  to 
any  purpose  specified  in  the  commission's  order  in  excess  of  the  amount 
in  said  order  authorized  for  such  purpose,  is  subject  to  a  penalty  of  not 
less  than  five  hundred  dollars  nor  more  than  twenty  thousand  dollars  for 
each  offense. 

Personal  penalty  for  participation  in  unlawful  iissuance  or  disposition  of 
proceeds. 

(f )  Every  officer,  agent  or  employee  of  a  public  utility,  and  every  other 
person  who  knowingly  authorizes,  directs,  aids  in,  issues  or  executes,  or 
causes  to  be  issued  or  executed,  any  stock  or  stock  certificate,  or  bond, 
note  or  other  evidence  of  indebtedness,  in  nonconformity  with  the  order 
of  the  commission  authorizing  the  same,  or  contrary  to  the  provisions  of 
this  act,  or  of  the  constitution  of  this  state,  or  who,  in  any  proceeding 
before  the  commission,  knowingly  makes  any  false  statement  or  repre- 
sentation or  with  knowledge  of  its  falsity  files  or  causes  to  be  filed  with 
the  commission  any  false  statement  or  representation,  which  said  state- 
ment or  representation  so  made,  filed  or  caused  to  be  filed  may  tend  in 
any  way  to  influence  the  commission  to  make  an  order  authorizing  the 
issue  of  any  stock  or  stock  certificate,  or  any  bond,  note  or  other  evi- 
dence of  indebtedness,  or  which  results  in  procuring  from  the  commis- 
sion the  making  of  any  such  order,  or  who,  with  knowledge  that  any 
false  statement  or  representation  was  made  to  the  commission,  in  any 
proceeding,  tending  in  any  way  to  influence  the  commission  to  make  such 
order,  issues  or  executes  or  negotiates,  or  causes  to  be  issued,  executed 
or  negotiated  any  such  stock  or  stock  certificate,  or  bond,  note  or  other 
evidence  of  indebtedness,  or  who,  directly  or  indirectly,  knowingly  ap- 
plies, or  causes  or  assists  to  be  applied  the  proceeds  or  any  part  thereof, 
from  the  sale  of  any  stock  or  stock  certificate,  or  bond,  note  or  other 


Act  2886,  §§  53, 54  general  laws.  1772 

evidence  of  indebtedness,  to  any  purpose  not  specified  in  the  commis- 
sion's order,  or  to  any  purpose  specified  in  the  commission's  order  in 
excess  of  the  amount  authorized  for  such  purpose,  or  who,  with  knowl- 
edge that  any  stock  or  stock  certificate,  or  bond,  note  or  other  evidence 
of  indebtedness,  has  been  issued  or  executed  in  violation  of  any  of  the 
provisions  of  this  act,  negotiates,  or  causes  the  same  to  be  negotiated, 
shall  be  guilty  of  a  felony. 

State  not  to  guarajitee  payment. 

(g)  No  provision  of  this  act,  and  no  deed  or  act  done  or  performed 
under  or  in  connection  therewith,  shall  be  held  or  construed  to  obligate 
the  state  of  California  to  pay  or  guarantee,  in  any  manner  whatsoever, 
any  stock  or  stock  certificate,  or  bond,  note  or  other  evidence  of  in- 
debtedness, authorized,  issued  or  executed  under  the  provisions  of  this 
act. 

Application  of  act  to  all  issues. 

(h)  All  stocks  and  stock  certificates,  and  bonds,  notes  and  other  evi- 
dences of  indebtedness  issued  by  any  public  utility  after  this  act  takes 
effect,  upon  the  authority  of  any  articles  of  incorporation  or  amendments 
thereto  or  vote  of  the  stockholders  or  directors  filed,  taken  or  had,  or 
other  proceedings  taken  or  had,  previous  to  the  taking  effect  of  this  act, 
shall  be  void,  unless  an  order  of  the  commission  authorizing  the  issue 
of  such  stocks  or  stock  certificates,  or  bonds,  notes  or  other  evidences  of 
indebtedness  shall  have  been  obtained  from  the  commission  prior  to 
such  issue.  The  commission  may  by  its  order  impose  such  condition  or 
conditions  as  it  may  deem  reasonable  and  necessary. 

Rules  for  hearings  and  investigations. 

§  53.  All  hearings  and  investigations  before  the  commission  or  any 
commissioner  shall  be  governed  by  this  act  and  by  rules  of  practice  and 
procedure  to  be  adopted  by  the  commission,  and  in  the  conduct  thereof 
neither  the  commission  nor  any  commissioner  shall  be  bound  by  the  tech- 
nical rules  of  evidence.  No  informality  in  any  proceeding  or  in  the 
manner  of  taking  testimony  before  the  commission  or  any  commissioner 
shall  invalidate  any  order,  decision,  rule  or  regulation  made,  approved 
or  confirmed  by  the  commission. 

Power  to  issue  process. 

§  54.  The  commission  and  each  commissioner  shall  have  power  to 
issue  writs  of  summons,  subpoenas,  warrants  of  attachment,  warrants  of 
commitment  and  all  necessary  process  in  proceedings  for  contempt,  in 
the  like  manner  and  to  the  same  extent  as  courts  of  record.  The  process 
issued  by  the  commission,  or  any  commissioner,  shall  extend  to  all  parts 
of  the  state  and  may  be  served  by  any  person  authorized  to  serve  pro- 
cess of  courts  of  record,  or  by  any  person  designated  for  that  purpose 
by  the  commission  or  a  commissioner.  The  person  executing  any  such 
process  shall  receive  such  compensation  as  may  be  allowed  by  the  com- 


1773  PUBLIC  UTILITIES.  Act  2886,  §  55 

mission,  not  to  exceed  the  fees  now  prescribed  by  law  for  similar  ser- 
vices, and  such  fees  shall  be  paid  in  the  same  manner  as  provided  herein 
for  payment  of  the  fees  of  witnesses. 

General  powers  of  examination.     Fees  and  mileag-e  of  witnesses. 

§  55.  (a)  The  connnission  and  each  commissioner  shall  have  power 
to  administer  oaths,  certify  to  all  official  acts,  and  to  issue  subpoenas 
for  the  attendance  of  witnesses  and  the  production  of  papers,  waybills, 
books,  accounts,  documents  and  testimony  in  any  inquiry,  investigation, 
hearing  or  proceeding  in  any  part  of  the  state.  Each  witness  who  shall 
appear,  by  order  of  the  commission  or  a  commissioner,  shall  receive  for 
his  attendance  the  same  fees  and  mileage  allowed  by  law  to  a  witness 
in  civil  cases,  which  amount  shall  be  paid  by  the  party  at  whose  request 
such  witness  is  subpoenaed.  When  any  witness  who  has  not  been  re- 
quired to  attend  at  the  request  of  any  party  shall  be  subpoenaed  by  the 
commission,  his  fees  and  mileage  shall  be  paid  from  the  funds  appropri- 
ated for  the  use  of  the  commission  in  the  same  manner  as  other  expenses 
of  the  commission  are  paid.  Any  witness  subpoenaed  except  one  whose 
fees  and  mileage  may  be  paid  from  the  funds  of  the  commission,  may, 
at  the  time  of  service,  demand  the  fee  to  which  he  is  entitled  for  travel 
to  and  from  the  place  at  which  he  is  required  to  appear,  and  one  day's 
attendance.  If  such  witness  demands  such  fees  at  the  time  of  service, 
and  they  are  not  at  that  time  paid  or  tendered,  he  shall  not  be  required 
to  attend  before  the  commission  or  commissioner,  as  directed  in  the 
subpoena.  All  fees  or  mileage  to  which  any  witness  is  entitled  under 
the  provisions  of  this  section  may  be  collected  by  action  therefor  insti- 
tuted by  the  person  to  whom  such  fees  are  payable.  No  witness  fur- 
nished with  free  transportation  shall  receive  mileage  for  the  distance  he 
may  have  traveled   on   such  free  transportation. 

Powers  of  superior  court  in  relation  to  proceedings  by  commission. 
Remedy  cumulative. 
(b)  The  superior  court  in  and  for  the  county,  or  city  and  county,  in 
which  any  inquiry,  investigation,  hearing  or  proceeding  may  be  held  by 
the  commission  or  any  commissioner  shall  have  the  power  to  compel  the 
attendance  of  witnesses,  the  giving  of  testimony  and  the  production  of 
papers,  including  waybills,  books,  accounts  and  documents,  as  required 
by  any  subpoena  issued  by  the  commission  or  any  commissioner.  The 
commission  or  the  commissioner  before  whom  the  testimony  is  to  be 
given  or  produced,  in  case  of  the  refusal  of  any  witness  to  attend  or 
testify  or  produce  any  papers  required  by  such  subpoena,  may  report  to 
the  superior  court  in  and  for  the  county,  or  city  and  county,  in  which 
the  proceeding  is  pending,  by  petition,  setting  forth  that  due  notice  has 
been  given  of  the  time  and  place  of  attendance  of  said  witness,  or  the 
production  of  said  papers,  and  that  the  witness  has  been  summoned  in 
the  manner  prescribed  in  this  act,  and  that  the  witness  has  failed  and 
refused  to  attend  or  produce  the  papers  required  by  the  subpoena,  before 


Act  2886,  §  56  general  laws.  1774 

the  commission  or  commissioner,  in  the  cause  or  proceeding  named  in 
the  notice  and  subpoena,  or  has  refused  to  answer  questions  propounded 
to  him  in  the  course  of  such  proceeding,  and  ask  an  order  of  said  court, 
compelling  the  witness  to  attend  and  testify  or  produce  said  papers 
before  the  commission.  The  court,  upon  the  petition  of  the  commission 
or  such  commissioner,  shall  enter  an  order  directing  the  witness  to  ap- 
pear before  the  court  at  a  time  and  place  to  be  fixed  by  the  court  in 
such  order,  the  time  to  be  not  more  than  ten  days  from  the  date  of  the 
order,  and  then  and  there  show  cause  why  he  has  not  attended  and  tes- 
tified or  produced  said  papers  before  the  commission.  A  copy  of  said 
order  shall  be  served  upon  said  witness.  If  it  shall  appear  to  the  court 
that  said  subpoena  was  regularly  issued  by  the  commission  or  a  com- 
missioner, the  court  shall  thereupon  enter  an  order  that  said  witness 
appear  before  the  commission  or  said  commissioner  at  the  time  and 
place  fixed  in  said  order,  and  testify  or  produce  the  required  papers,  and 
upon  failure  to  obey  said  order,  said  witness  shall  be  dealt  with  as  for 
contempt  of  court.  The  remedy  provided  in  this  subsection  is  cumu- 
lative, and  shall  not  be  construed  to  impair  or  interfere  with  the  power 
of  the  commission  or  a  commissioner  to  enforce  the  attendance  of  wit- 
nesses and  the  production  of  papers,  and  to  punish  for  contempt  in  the 
same  manner  and  to  the  same  extent  as  courts  of  record. 

Depositions  of  absent  witnesses. 

(c)  The  commission  or  any  commissioner  or  any  party  may,  in  any 
investigation  or  hearing  before  the  commission,  cause  the  deposition  of 
witnesses  residing  within  or  without  the  state  to  be  taken  in  the  man- 
ner prescribed  by  law  for  like  depositions  in  civil  actions  in  the  supe- 
rior courts  of  this  state  and  to  that  end  may  compel  the  attendance  of 
witnesses  and  the  production  of  books,  waybills,  documents,  papers  and 
accounts. 

Exemption  of  witnesses  from  prosecution. 

(d)  No  person  shall  be  excused  from  testifying  or  from  producing  any 
book,  waybill,  document,  paper  or  account  in  any  investigation  or  in- 
quiry by  or  hearing  before  the  commission  or  any  commissioner  when 
ordered  to  do  so,  upon  the  ground  that  the  testimony  or  evidence,  book, 
waybill,  document,  paper  or  account  required  of  him  may  tend  to  in- 
criminate him  or  subject  him  to  penalty  or  forfeiture,  but  no  person 
shall  be  prosecuted,  punished  or  subjected  to  any  penalty  or  forfeiture 
for  or  on  account  of  any  act,  transaction,  matter  or  thing  concerning 
which  he  shall,  under  oath  have  testified  or  produced  documentary  evi- 
dence; provided,  that  no  person  so  testifying  shall  be  exempt  from 
prosecution  or  punishment  for  any  perjury  conunitted  by  him  in  his  tes- 
timony. Nothing  herein  contained  shall  be  construed  as  in  any  man- 
ner giving  to   any  public   utility   immunity   of  any   kind. 

Copies  of  documents. 

§  56.  (a)  Copies  of  all  official  documents  and  orders  filed  or  depos- 
ited  according   to   law   in    the    oflice   of   the    commission,    certified   by   a 


1775  PUBLIC  UTILITIES.  Act  2886,  §  57 

lommissioner,  the  secretary  or  the  assistant  secretary  under  the  official 
seal  of  the  commission  to  be  true  copies  of  the  originals,  shall  be  evi- 
dence in  like  manner  as  the  originals. 

Orders.     Orders  may  be  recorded. 

(b)  Every  order,  authorization  or  certificate  issued  or  approved  by 
the  commission  under  any  provision  of  sections  38,  39,  40,  41,  43,  50, 
51  or  52  of  this  act  shall  be  in  writing  and  entered  on  the  records  of 
the  commission.  Any  such  order,  authorization  or  certificate,  or  a  copy 
thereof,  or  a  copy  of  the  record  of  any  such  order,  authorization  or  cer- 
tificate, certified  by  a  commissioner,  the  secretary  or  the  assistant  secre- 
tary under  the  official  seal  of  the  commission  to  be  a  true  copy  of  the 
original  order,  authorization,  certificate  or  entry,  may  be  recorded  in 
the  office  of  the  recorder  of  any  county,  or  city  and  county,  in  which  is 
located  the  principal  place  of  business  of  any  public  utility  affected 
thereby,  or  in  which  is  situated  any  property  of  any  such  public  utility, 
and  such  record  shall  impart  notice  of  its  provisions  to  all  persons.  A 
certificate  under  the  seal  of  the  commission  that  any  such  order,  au- 
thorization or  certificate  has  not  been  modified,  stayed,  suspended  or 
revoked  may  also  be  recorded  in  the  same  offices  in  the  same  manner 
and  with  like  effect,  [Amendment  approved  June  14,  1913:  Stats.  1913, 
p.  942.] 

Fees.     No  fees  from  public  officers. 

§  57.  The  commission  shall  charge  and  collect  the  following  fees: 
for  copies  of  papers  and  records  not  required  to  be  certified  or  other- 
wise authenticated  by  the  commission,  ten  cents  for  each  folio;  for  cer- 
tified copies  of  official  documents  and  orders  filed  in  its  office,  fifteen 
cents  for  each  folio,  and  one  dollar  for  every  certificate  under  seal 
affixed  thereto;  for  certifying  a  copy  of  any  report  made  by  a  public 
utility,  two  dollars;  for  each  certified  copy  of  the  annual  report  of  the 
commission,  one  dollar  and  fifty  cents;  for  certified  copies  of  evidence 
and  proceedings  before  the  commission,  fifteen  cents  for  each  folio;  for 
certificate  authorizing  an  issue  of  bonds,  notes  or  other  evidences  of 
indebtedness,  one  dollar  for  each  thousand  dollars  of  the  face  value  of 
the  authorized  issue  or  fraction  thereof  up  to  one  million  dollars,  and 
fifty  cents  for  each  one  thousand  dollars  over  one  million  dollars  and  up 
to  ten  million  dollars,  and  twenty-five  cents  for  each  one  thousand  dol- 
lars over  ten  million  dollars,  with  a  minimum  fee  in  any  case  of  twenty- 
five  dollars;  provided,  that  no  fee  need  be  paid  on  such  portion  of  any 
such  issue  as  may  be  used  to  guarantee,  take  over,  refund,  discharge  or  re- 
tire any  bond,  note  or  other  evidence  of  indebtedness  on  which  a  fee  has 
theretofore  been  paid  to  the  commission;  and  provided,  furtlier,  that  if 
the  commission  modifies  the  amount  of  the  issue  requested  in  any  case 
and  the  applicant  thereupon  elects  not  to  avail  itself  of  the  commission's 
authorization,  no  fee  need  be  paid.  No  fees  shall  be  charged  or  col- 
lected for   copies   of  papers,  records   or  official   documents,   furnished   to 


Act2886,§§  58-60  general  laws.  1776 

public  officers  for  use  in  their  official  capacity,  or  for  tlie  annual  reports 
of  the  commission  in  the  ordinary  course  of  distribution,  but  the  com- 
mission may  fix  reasonable  charges  for  publications  issued  under  its  au- 
thority. All  fees  charged  and  collected  under  this  section  shall  be  paid, 
at  least  once  each  week,  accompanied  by  a  detailed  statement  thereof, 
into  the  treasury  of  the  state  to  the  credit  of  a  fund  to  be  known  as  the 
"Eailroad  commission  fund,"  which  fund  is  hereby  created.  [Amend- 
ment approved  June  14,   1913;   Stats.   191.3,  p.  943.] 

Eight  to  inspect  accounts  and  documents  and  to  examine  employees  of 
public  utility. 
§  58.  The  commission,  each  commissioner  and  each  officer  and  per- 
son employed  by  the  commission  shall  have  the  right  at  any  and  all 
times,  to  inspect  the  accounts,  books,  papers  and  documents  of  any  pub- 
lic utilitj',  and  the  commission,  each  commissioner  and  any  officer  of  the 
commission  or  any  employee  authorized  to  administer  oaths  shall  have 
power  to  examine  under  oath  any  officer,  agent  or  employee  of  such 
public  utility  in  relation  to  the  business  and  affairs  of  said  public  utility; 
provided,  that  any  person  other  than  a  commissioner  or  an  officer  of 
the  commission  demanding  such  inspection  shall  produce  under  the  hand 
and  seal  of  the  commission  his  authority  to  make  such  inspection;  and 
provided  further,  that  a  written  record  of  the  testimony  or  statement 
so  given  under  oath  shall  be  made  and  filed  with  the  commission. 

Office  of  public  utility. 

§  59.  (a)  Each  public  utility  shall  have  an  office  in  a  county  of  this 
state  in  which  its  property  or  some  portion  thereof  is  located  and  shall 
keep  in  said  office  all  such  books,  accounts,  papers  and  records  as  shall 
be  required  by  the  commission  to  be  kept  within  this  state.  No  books, 
accounts,  papers  or  records  required  by  the  commission  to  be  kept  within 
this  state  shall  be  at  any  time  removed  from  the  state  except  upon  such 
conditions  as  may  be  prescribed  by  the  commission. 

Production  of  books. 

(b)  The  commission  may  require,  by  order  served  on  any  public  util- 
ity in  the  manner  provided  herein  for  the  service  of  orders,  the  produc- 
tion within  this  state  at  such  time  and  place  as  it  may  designate,  of 
any  books,  accounts,  papers  or  records  kept  by  said  public  utility  in  any 
office  or  place  without  this  state,  or,  at  its  option,  verified  copies  in  lieu 
thereof,  so  that  an  examination  thereof  may  be  made  by  the  commission 
or  under  its  direction.  [Amendment  approved  June  14,  1913;  Stats. 
1913,  p.  943.] 

Complaints  against  public  utilities.     Manner  of  making  in  case  of  cer- 
tain corporations.     Service  upon  coiporation  of  copy  of  complaint. 
Time  set  for  hearing. 
§  60.     Complaint  may  be  made  by  the  commission  of  its  own   motion 
or  bv  any  corporation  or  person,  chamber  of  commerce,  board  of  trade, 


1777  PUBLIC  UTILITIES.  Act  2886,  §  61 

or  any  civic,  commercial,  mercantile,  traffic,  agricultural  or  manufactur- 
ing association  or  organization  or  any  body  politic  or  municipal  corpo- 
ration, by  petition  or  complaint  in  writing,  setting  forth  any  act  or 
tiling  done  or  omitted  to  be  done  by  any  public  utility  including  any 
rule,  regulation  or  charge  heretofore  established  or  fixed  bj'  or  for  any 
public  utility,,  in  violation,  or  claimed  to  be  in  violation,  of  any  provi- 
sion of  law  or  of  any  order  or  rule  of  the  commission;  provided,  that 
no  complaint  shall  be  entertained  by  the  commission,  except  upon  its 
own  motion,  as  to  the  reasonableness  of  any  rates  or  charges  of  any 
gas,  electrical,  water  or  telephone  corporation,  unless  the  same  be  signed 
by  the  mayor  or  the  president  or  chairman  of  the  board  of  trustees  or 
a  majority  of  the  council,  commission,  or  other  legislative  body  of  the 
city  and  county,  or  city  or  town,  if  any,  within  which  the  alleged  vio- 
lation occurred,  or  not  less  than  twenty-five  consumers  or  purchasers  or 
prospective  consumers  or  purchasers,  of  such  gas,  electricity,  water  or 
telephone  service.  All  matters  upon  which  complaint  may  be  founded 
may  be  joined  in  one  hearing,  and  no  motion  shall  be  entertained 
against  a  complaint  for  misjoinder  of  causes  of  action  or  grievances  or 
misjoinder  or  nonjoinder  of  parties;  and  in  any  review  by  the  courts  of 
orders  or  decisions  of  the  commission  the  same  rule  shall  apply  with 
regard  to  the  joinder  of  causes  and  parties  as  herein  provided.  The  com- 
mission shall  not  be  required  to  dismiss  any  complaint  because  of  the 
absence  of  direct  damage  to  the  complainant.  Upon  the  filing  of  a  com- 
plaint, the  commission  shall  cause  a  copy  thereof  to  be  served  upon  the 
corporation  or  person  complained  of.  Service  in  all  hearings,  investi- 
gations and  proceedings  pending  before  the  commission  may  be  made 
upon  any  person  upon  whom  a  summons  may  be  served  in  accordance 
with  the  provisions  of  the  Code  of  Civil  Procedure  of  this  state,  and 
may  be  made  personally  or  by  mailing  in  a  sealed  envelope,  registered, 
with  postage  prepaid.  The  commission  shall  fix  the  time  when  and 
place  where  a  hearing  will  be  had  upon  the  complaint  and  shall  serve 
notice  thereof,  not  less  than  ten  days  before  the  time  set  for  such  hear- 
ing, unless  the  commission  shall  find  that  public  necessity  requires  that 
Buch  hearing  be  held  at  an  earlier  date. 

Hearing,  and  order  of  commission.     Service  of  order  upon  corporation. 

Record  of  proceedings.     Right  of  representation  at  hearing.     Record 

on  review. 
§  61.  (a)  At  the  time  fixed  for  any  hearing  before  the  commission  or 
a  commissioner,  or  the  time  to  which  the  same  may  have  been  continued, 
the  complainant  and  the  corporation  or  person  complained  of,  and  such 
corporations  or  persons  as  the  commission  may  allow  to  intervene,  shall 
be  entitled  to  be  heard  and  to  introduce  evidence.  The  commission  shall 
issue  process  to  enforce  the  attendance  of  all  necessary  witnesses.  After 
the  conclusion  of  the  hearing,  the  commission  shall  make  and  file  its 
order,  containing  its  decision.  A  copy  of  such  order,  certified  under  the 
112 


Act  2886,  §§  62, 63     general  laws.  1778 

seal  of  the  commission,  shall  be  served  upon  the  corporation  or  person 
complained  of,  or  his  or  its  attorney.  Said  order  shall,  of  its  own  force, 
take  effect  and  become  operative  twenty  days  after  the  service  thereof, 
except  as  otherwise  provided,  and  shall  continue  in  force  either  for  a 
period  which  may  be  designated  therein  or  until  changed  or  abrogated 
by  the  commission.  If  an  order  cannot,  in  the  judgment  of  the  com- 
mission, be  complied  with  within  twenty  days,  the  commission  may 
grant  and  prescribe  such  additional  time  as  in  its  judgment  is  reasonably 
necessary  to  comply  with  the  order,  and  may  on  application  and  for 
good  cause  shown,  extend  the  time  for  compliance  fixed  in  its  order.  A 
full  and  complete  record  of  all  proceedings  had  before  the  commission 
or  an}-  commissioner  on  any  formal  hearing  had,  and  all  testimony  shall 
be  taken  down  by  a  reporter  appointed  by  the  commission,  and  the 
parties  shall  be  entitled  to  be  heard  in  person  or  by  attorney.  In  ease 
of  an  action  to  review  any  order  or  decision  of  the  commission,  a  tran- 
script of  such  testimony,  together  with  all  exhibits  or  copies  thereof 
introduced  and  all  information  secured  by  the  commission  on  its  own 
initiative  and  considered  by  it  in  rendering  its  order  or  decision,  and 
of  the  pleadings,  record  and  proceedings  in  the  cause,  shall  constitute 
the  record  of  the  commission;  provided,  that  on  review  of  an  order  or 
decision  of  the  commission,  the  petitioner  and  the  commission  may 
stipulate  that  a  certain  question  or  questions  alone  and  a  specified  por- 
tion only  of  the  evidence  shall  be  certified  to  the  supreme  court  for 
its  judgment,  whereupon  such  stipulation  and  the  question  or  questions 
and  the  evidence  therein  specified  shall  constitute  the  record  on  review. 

Complaint  by  public  utility. 

§  62.  Any  public  utility  shall  have  a  right  to  complain  on  any  of 
the  grounds  upon  which  complaints  are  allowed  to  be  filed  by  other  par- 
ties, and  the  same  procedure  shall  be  adoitted  and  followed  as  in  other 
cases,  except  that  the  complaint  may  be  heard  ex  parte  by  the  commis- 
sion or  may  be  served  upon  any  parties  designated  by  the  commission. 

Increase  in  charges  prohibited  unless  by  finding  of  commissioiL 

§  63.  (a)  No  public  utility  shall  raise  any  rate,  fare,  toll,  rental  or 
charge  or  so  alter  any  classification,  contract,  practice,  rule  or  regulation 
as  to  result  in  an  increase  in  any  rate,  fare,  toll,  rental  or  charge,  under 
any  circumstances  whatsoever,  except  upon  a  showing  before  the  com- 
mission and  a  finding  by  the  commission  that  such  increase  is  justified. 

Determination  by  commission  of  propriety  of  schedule  submitted  by  pub- 
lic utility.  Establishment  of  regular  schedule, 
(b)  Whenever  there  shall  be  filed  with  the  commission  any  schedule 
stating  an  individual  or  joint  rate,  fare,  toll,  rental,  charge,  classifica- 
tion, contract,  practice,  rule  or  regulation,  not  increasing  or  resulting 
in  an  increase  in  any  rate,  fare,  toll,  rental  or  charge,  the  commission 
shall    have   power,   and   it   is   hereby   given   authority,   either   upon    com- 


1779  PUBLIC  UTILITIES.  Act  2886,  §§  64-66 

plaint  or  upon  its  own  initiative  witliout  complaint,  at  once,  and  if  it 
so  orders,  without  answer  or  other  formal  pleadings  by  the  interested 
public  utility  or  utilities,  but  upon  reasonable  notice,  to  enter  upon 
a  hearing  concerning  the  propriety  of  such  rate,  fare,  toll,  rental, 
charge,  classification,  contract,  practice,  rule  or  regulation,  and  pending 
the  hearing  and  the  decision  thereon  such  rate,  fare,  toll,  rental,  charge, 
classification,  contract,  practice,  rule  or  regulation  shall  not  go  into 
effect;  provided,  that  the  period  of  suspension  of  such  rate,  fare,  toll, 
rental,  charge,  classification,  contract,  practice,  rule  or  regulation  shall 
not  extend  beyond  one  hundred  and  twenty  days  beyond  the  time  when 
such  rate,  fare,  toll,  rental,  charge,  classification,  contract,  practice,  rule 
or  regulation  would  otherwise  go  into  effect  unless  the  commission,  in  its 
discretion,  extends  the  period  of  suspension  for  a  further  period  not  ex- 
ceeding six  months.  On  such  hearing  the  commission  shall  establish 
the  rates,  fares,  tolls,  rentals,  charges,  classifications,  contracts,  prac- 
tices, rules  or  regulations  proposed,  in  whole  or  in  part,  or  others  in  lieu 
thereof,  which  it  shall  find  to  be  just  and  reasonable.  All  such  rates, 
fares,  tolls,  rentals,  charges,  classifications,  contracts,  practices,  rules  or 
regulations  not  so  suspended  shall,  on  the  expiration  of  thirty  days  from 
the  time  of  filing  the  same  with  the  commission,  or  of  such  lesser  time  as 
the  commission  may  grant,  go  into  effect  and  be  the  established  and 
effective  rates,  fares,  tolls,  rentals,  charges,  classifications,  contracts, 
practices,  rules  and  regulations,  subject  to  the  power  of  the  commission, 
after  a  hearing  had  on  its  own  motion  or  upon  complaint,  as  herein  pro- 
vided, to  alter  or  modify  the  same. 

Coinmission  may  rescind  or  amend  prior  orders. 

§  64.  The  commission  may  at  any  time,  upon  notice  to  the  public 
utility  affected,  and  after  opportunity  to  be  heard  as  provided  in  the 
case  of  complaints,  rescind,  alter  or  amend  any  order  or  decision  made 
by  it.  Any  order  rescinding,  altering  or  amending  a  prior  order  or  de- 
cision shall,  when  served  upon  the  public  utility  affected,  have  the  same 
effect  as  is  herein  provided  for  original  orders  or  decisions. 

Orders,  when  conclusive. 

§  65.  In  all  collateral  actions  or  proceedings,  the  orders  and  decisions 
of  the  commission  which  have  become  final  shall  be  conclusive. 

Eehearing  by  commission.  Application  does  not  excuse  from  obeying 
order  of  commission. 
§  66.  After  any  order  or  decision  has  been  made  by  the  commission, 
any  party  to  the  action  or  proceeding,  or  any  stockholder  or  bondholder 
or  other  party  pecuniarily  interested  in  the  public  utility  affected,  may 
apply  for  a  rehearing  in  respect  to  any  matters  determined  in  said  ac- 
tion or  proceeding  and  specified  in  the  application  for  rehearing,  and 
the  commission  may  grant  and  hold  such  rehearing  on  said  matters,  if 
in  its  judgment  sufficient  reason  therefor  be  made  to  appear.     No  cause 


Act  2886,  §  67  general  laws.  1780 

of  action  arising  out  of  any  order  or  decision  of  the  commission  shall 
accrue  in  any  court  to  any  corporation  or  person  unless  such  corporation 
or  person  shall  have  made,  before  the  effective  date  of  said  order  or 
decision,  application  to  the  commission  for  a  rehearing.  Such  applica- 
tion shall  set  forth  specifically  the  ground  or  grounds  on  which  the 
applicant  considers  said  decision  or  order  to  be  unlawful.  Xo  corpora- 
tion or  person  shall  in  any  court  urge  or  rely  on  any  ground  not  so  set 
forth  in  said  application.  Any  application  for  a  rehearing  made  ten 
days  or  more  before  the  effective  date  of  the  order  as  to  which  a  rehear- 
ing is  sought,  shall  be  either  granted  or  denied  before  such  effective 
date,  of  the  order  shall  stand  suspended  until  such  application  is  granted 
or  denied.  Any  application  for  a  rehearing  made  within  less  than  ten 
days  before  the  effective  date  of  the  order  as  to  which  a  rehearing  is 
sought,  and  not  granted  within  twenty  days,  may  be  taken  by  the  party 
making  the  application  to  be  denied,  unless  the  effective  elate  of  the 
order  is  extended  for  the  period  of  the  pendency  of  the  application.  If 
any  application  for  a  rehearing  be  granted  without  a  suspension  of  the 
order  involved,  the  commission  shall  forthwith  proceed  to  hear  the  mat- 
ter with  all  despatch  and  shall  determine  the  same  within  twenty  days 
after  final  submission,  and  if  such  determination  is  not  made  within 
said  time,  it  may  be  taken  by  any  party  to  the  rehearing  that  the  order 
involved  is  aflSrmed.  An  application  for  rehearing  shall  not  excuse  any 
corporation  or  person  from  complying  with  and  obeying  any  order  or 
decision,  or  any  requirement  of  any  order  or  decision  of  the  commission 
theretofore  made,  or  operate  in  anj'  manner  to  stay  or  postpone  the  en- 
forcement thereof,  except  in  such  cases  and  upon  such  terms  as  the 
commission  may  by  order  direct.  If,  after  such  rehearing  and  a  con- 
sideration of  all  the  facts,  including  those  arising  since  the  making  of 
the  order  or  decision,  the  commission  shall  be  of  the  opinion  that  the 
original  order  or  decision  or  any  part  thereof  is  in  any  respect  unjust 
or  unwarranted,  or  should  be  changed,  the  commission  may  abrogate, 
change  or  modify  the  same.  An  order  or  decision  made  after  such  re- 
hearing abrogating,  changing  or  modifying  the  original  order  or  decision 
shall  have  the  same  force  and  effect  as  an  original  order  or  decision, 
but  shall  not  affect  any  right  or  the  enforcement  of  any  right  arising 
from  or  by  virtue  of  the  original  order  or  decision  unless  so  ordered  by 
the   commission. 

Supreme  court  may  review  decision  of  commission.     Procedure. 

§  67.  Within  thirty  days  after  the  application  for  a  rehearing  is  de- 
nied, or,  if  the  application  is  granted,  then  within  thirty  days  after  the 
rendition  of  the  decision  on  rehearing,  the  applicant  may  apply  to  the 
supreme  court  of  tliis  state  for  a  writ  of  certiorari  or  review  (herein- 
after referred  to  as  a  writ  of  review)  for  the  purpose  of  having  the 
lawfulness  of  the  original  order  or  decision  or  the  order  or  decision  on 
rehearing  .inquired  into  and  determined.  Such  writ  shall  be  made  re- 
turnable  not   later   than    thirty    days     after    the   date   of   the   issuance 


1781  PUBLIC  UTILITIES.  Act  2886,  §  68 

thereof,  and  shall  direct  the  commission  to  certify  its  record  in  the  case 
to  the  court.  On  the  return  day,  the  cause  shall  be  heard  by  the  su- 
preme court  unless  for  a  good  reason  shown  the  same  be  continued.  No 
new  or  additional  evidence  may  be  introduced  in  the  supreme  court,  but  the 
cause  shall  be  heard  on  the  record  of  the  commission,  as  certified  to  by 
it.  The  review  shall  not  be  extended  further  than  to  determine  whether 
the  commission  has  regularly  pursued  its  authority,  including  a  deter- 
mination of  whether  the  order  or  decision  under  review  violates  any 
right  of  the  petitioner  under  the  constitution  of  the  United  States  or  of 
the  state  of  California.  The  findings  and  conclusions  of  the  commis- 
sion on  questions  of  fact  shall  be  final  and  shall  not  be  subject  to  re- 
view; such  questions  of  fact  shall  include  ultimate  facts  and  the  findings 
and  conclusions  of  the  commission  on  reasonableness  and  discrimination. 
The  commission  and  each  party  to  the  action  or  proceeding  before  the 
commission  shall  have  the  right  to  appear  in  the  review  proceeding. 
Upon  the  hearing  the  supreme  court  shall  enter  judgment  either  affirm- 
ing or  setting  aside  the  order  or  decision  of  the  commission.  The  pro- 
visions of  the  Code  of  Civil  Procedure  of  this  state  relating  to  writs  of 
review  shall,  so  far  as  applicable  and  not  in  conflict  with  the  provisions 
of  this  act,  apply  to  proceedings  institut?d  in  the  supreme  court  under 
the  provisions  of  this  section.  No  court  of  this  state  (except  the  su- 
preme court  to  the  extent  herein  specified)  shall  have  jurisdiction  to 
review,  reverse,  correct  or  annul  any  order  or  decision  of  the  commission 
or  to  suspend  or  delay  the  execution  or  operation  thereof,  or  to  enjoin, 
restrain  or  interfere  with  the  commission  in  the  performance  of  its  offi- 
cial duties;  provided,  that  the  writ  of  mandamus  shall  lie  from  the 
supreme  court  to  the  commission  in  all  proper  cases. 

Suspension  by  supreme  court  of  order  of  commission  during  pendency  of 
review. 
§  68.  (a)  The  pendency  of  a  writ  of  review  shall  not  of  itself  stay 
or  suspend  the  operation  of  the  order  or  decision  of  the  commission,  but 
during  the  pendenc}'  of  such  writ,  the  supreme  court  in  its  discretion 
may  stay  or  suspend,  in  whole  or  in  part,  the  operation  of  the  commis- 
sion's  order   or   decision. 

(b)  No  order  so  staying  or  suspending  an  order  or  decision  of  the 
commission  shall  be  made  by  the  supreme  court  otherwise  than  upon 
three  days'  notice  and  after  hearing,  and  if  the  order  or  decision  of  the 
commission  is  suspended,  the  order  suspending  the  same  shall  contain  a 
specific  finding  based  upon  evidence  submitted  to  the  court  and  identified 
by  reference  thereto,  that  great  or  irreparable  damage  would  otherwise 
result  to  the  petitioner  and  specifying  the  nature. of  the  damage. 

Suspending  bond  must  be  executed  by  public  utility.     Moneys  involved 
must  be  paid  into  court. 

(c)  In  case  the  order  or  decision  of  the  commission  is  stayed  or  sus- 
pended,   the    order    of   the     court     shall     not     become    effective    until    a 


Act  2886,  §68  general  laws.  1^82 

suspending  bond  shall  first  have  been  executed  and  filed  with,  and  ap- 
proved by  the  commission  (or  approved,  on  review,  by  the  supreme 
court),  payable  to  the  people  of  the  state  of  California,  and  sufficient  in 
amount  and  security  to  insure  the  prompt  payment,  by  the  party  peti- 
tioning for  the  review,  of  all  damages  caused  by  the  delay  in  the  en- 
forcement of  the  order  or  decision  of  the  commission,  and  of  all  moneys 
which  any  person  or  corporation  may  be  compelled  to  pay,  pending  the 
review  proceedings,  for  transportation,  transmission,  product,  commod- 
ity or  service  in  excess  of  the  charges  fixed  by  the  order  or  decision  of 
the  commission,  in  case  said  order  or  decision  is  sustained.  The  supreme 
court,  in  case  it  staj's  or  suspends  the  order  or  decision  of  the  commis- 
sion in  any  manner  affecting  rates,  fares,  tolls,  rentals,  charges  or 
classifications,  shall  also  by  order  direct  the  public  utility  affected  to 
pay  into  court,  from  time  to  time,  there  to  be  impounded  until  the  final 
decision  of  the  case,  or  into  some  bank  or  trust  company  paying  interest 
on  deposits,  under  such  conditions  as  the  court  may  prescribe,  all  sums 
of  money  which  it  may  collect  from  any  corporation  or  person  in  excess 
of  the  sum  such  corporation  or  person  would  have  been  compelled  to 
pay  if  the  order  or  decision  of  the  commission  had  not  been  stayed  or 
suspended. 

Accounting  for  excess  charges.  Additional  security.  Settlement  upon 
final  decision. 
(d)  In  case  the  supreme  court  stays  or  suspends  any  order  or  decision 
lowering  any  rate,  fare,  toll,  rental,  charge  or  classification,  the  com- 
mission, upon  the  execution  and  approval  of  said  suspending  bond,  shall 
forthwith  require  the  public  utility  affected,  under  penalty  of  the 
immediate  enforcem.ent  of  the  order  or  decision  of  the  commission 
(pending  the  review  and  notwithstanding  the  suspending  order),  to  keep 
such  accounts,  verified  by  oath,  as  may,  in  the  judgment  of  the  com- 
mission, suffice  to  show  the  amounts  being  charged  or  received  by  such 
public  utility,  pending  the  review,  in  excess  of  the  charges  allowed  by 
the  order  or  decision  of  the  commission,  together  with  the  names  and 
addresses  of  the  corporations  or  persons  to  whom  overcharges  will  be 
refundable  in  case  the  charges  made  by  the  public  utility,  pending  the 
review,  be  not  sustained  by  the  supreme  court.  The  court  may,  from 
time  to  time,  require  said  party  petitioning  for  a  review  to  give  addi- 
tional security  on,  or  to  increase  the  said  suspending  bond,  whenever 
in  the  opinion  of  the  court  the  same  may  be  necessary  to  insure  the 
prompt  payment  of  said  damages  and  said  overcharges.  Upon  the  final 
decision  by  the  supreme  court,  all  moneys  which  the  public  utility  may 
have  collected,  pending  the  appeal  in  excess  of  those  authorized  by  such 
final  decision,  together  with  interest,  in  case  the  court  ordered  the 
deposit  of  such  moneys  in  a  bank  or  trust  company,  shall  be  promptly 
paid  to  the  corporations  or  persons  entitled  thereto,  in  such  manner  and 
through  such  methods  of  distribution  as  may  be  prescribed  by  the  com- 
mission.    If  any  such   moneys  shall   not  have  been   claimed  by  the  cor- 


1783  PUBLIC  UTILITIES.  Act  2886,  §§  69, 70 

porations  or  persons  entitled  thereto  within  one  year  from  the  final  de- 
cision of  the  supreme  court,  the  commission  shall  cause  notice  to  such 
corporations  or  persons  to  be  given  by  publication,  once  a  week  for  two 
successive  weeks,  in  a  newspaper  of  general  circulation,  printed  and 
published  in  the  city  and  county  of  San  Francisco,  and  such  other  news- 
paper or  newspapers  as  may  be  designated  by  the  commission,  said 
notice  to  state  the  names  of  the  corporations  or  persons  entitled  to  such 
moneys  and  the  amount  due  each  corporation  or  person.  All  moneys 
not  claimed  within  three  months  after  the  publication  of  said  notice 
shall  be  paid  by  the  public  utility,  under  the  direction  of  the  commis- 
sion, into  the  state  treasury  for  the  benefit  of  the  general  fund. 

Preference  over  other  causes  on  court  calendar. 

§  69.  All  actions  and  proceedings  under  this  act,  and  all  actions  or 
proceedings  to  which  the  commission  or  the  people  of  the  state  of 
California  may  be  parties,  and  in  which  any  question  arises  under  this 
act  or  under  or  concerning  any  order  or  decision  of  the  commission, 
shall  be  preferred  over  all  other  civil  causes  except  election  causes  and 
shall  be  heard  and  determined  in  preference  to  all  other  civil  business 
except  election  causes,  irrespective  of  position  on  the  calendar.  The 
same  preference  shall  be  granted  upon  application  of  the  attornej'  of 
the  commission  in  any  action  or  proceeding  in  which  he  may  be  allowed 
to  intervene. 

Hearing  on  determination  of  value  of  property  of  public  utility.     Notice. 

Preliminary  examination.     Evidence.     Findings.     Subject  to  review 

by  supreme  court. 
§  70.  For  the  purpose  of  ascertaining  the  matters  and  things  specified 
in  section  47  of  this  act,  concerning  the  value  of  the  property  of 
public  utilities,  the  commission  may  cause  a  hearing  or  hearings  to  be 
held  at  such  time  or  times  and  place  or  places  as  the  commission  may 
designate.  Before  any  hearing  is  had,  the  commission  shall  give  the 
public  utility  affected  thereby,  at  least  thirty  days'  written  notice  specify- 
ing the  time  and  place  of  such  hearing,  and  such  notice  shall  be  suffi- 
cient to  authorize  the  commission  to  inquire  into  the  matters  designated 
in  this  section  and  in  said  section  47  of  this  act,  but  this  provision  shall 
not  prevent  the  commission  from  making  any  preliminary  examination  or 
investigation  into  the  matters  herein  referred  to,  or  from  inquiring  into 
such  matters  in  any  other  investigation  or  hearing.  All  public  util- 
ities affected  shall  be  entitled  to  be  heard  and  to  introduce  evidence 
at  such  hearing  or  hearings.  The  commission  is  empowered  to  resort 
to  any  other  source  of  information  available.  The  evidence  introduced 
at  such  hearing  shall  be  reduced  to  writing  and  certified  under  the  seal 
of  the  commission.  The  commission  shall  make  and  file  its  findings  of 
fact  in  writing  upon  all  matters  concerning  which  evidence  shall  have 
been  introduced  before  it  which  in  its  judgment  have  bearing  on  the 
value  of  the  property  of  the  public  utility  affected.     Such  findings  shall 


Act  2886,  §  71  GENERAL   LAWS.  178i 

be  subject  to  review  by  the  supreme  court  of  this  state  in  the  same  man- 
ner and  within  the  same  time  as  other  orders  and  decisions  of  the  com- 
mission. The  findings  of  the  commission  so  made  and  filed,  when  properly 
certified  under  the  seal  of  the  commission,  shall  be  admissible  in  evi- 
dence in  any  action,  proceeding  or  hearing  before  the  commission  or 
any  court,  in  which  the  commission,  the  state  or  any  officer,  depart- 
ment, or  institution  thereof,  or  any  county,  city  and  county,  municipality 
or  other  body  politic  and  the  public  utility  affected  may  be  interested 
whether  arising  under  the  provisions  of  this  act  or  otherwise,  and  such 
findings,  when  so  introduced,  shall  be  conclusive  evidence  of  the  facts 
therein  stated  as  of  the  date  therein  stated  under  conditions  then  exist- 
ing, and  such  facts  can  only  be  contaftverted  hy  showing  a  subsequent 
change  in  conditions  bearing  upon  the  facts  therein  determined.  The 
commission  may  from  time  to  time  cause  further  hearings  and  investi- 
gations to  be  had  for  the  purpose  of  making  revaluations  or  ascertaining 
the  value  of  any  betterments,  improvements,  additions  or  extensions 
made  by  any  public  utility  subsequent  to  any  prior  hearing  or  investi- 
gation, and  may  examine  into  all  matters  which  may  change,  modify 
or  affect  any  finding  of  fact  previously  made,  and  may  at  such  time 
make  findings  of  fact  supplementary  to  those  theretofore  made.  Such 
hearings  shall  be  had  upon  the  same  notice  and  be  conducted  in  the 
same  manner,  and  the  findings  so  made  shall  have  the  same  force  and 
effect  as  is  provided  herein  for  such  original  notice,  hearing  and  findings; 
provided,  that  .«uch  findings  made  at  such  supplemental  hearings  or  in- 
vestigations shall  be  considered  in  connection  with  and  as  a  part  of  the 
original  findings,  except  in  so  far  as  such  supplement^il  findings  shall 
change  or  modify  the  findings  made  at  the  original  hearing  or  investiga- 
tion. 

Reparation  for  overcharge  by  public  utility. 

§  71.  (a)  When  complaint  has  been  made  to  the  commission  con 
cerning  any  rate,  fare,  toll,  rental  or  charge  for  any  product  or  com- 
modity furnished  or  service  performed  by  any  public  utility,  and  the 
commission  has  found,  after  investigation,  that  the  public  utility  has 
charged  an  excessive  or  discriminatory  amount  for  such  product,  com- 
modity or  service,  the  commission  may  order  that  the  public  utility  make 
due  reparation  to  the  complainant  therefor,  with  interest  from  the  date 
of  collection;  provided,  no  discrimination  will  result  from  such  repara- 
tion. 

Recovery  of  pasrment  of  reparation.  Time  limit  for  complaint  and  re- 
covery. Remedy  cumulative, 
(b)  If  the  public  utility  does  not  comply  with  the  order  for  the  pay- 
ment of  reparation  within  the  time  specified  in  such  order,  suit  may  be 
instituted  in  any  court  of  competent  jurisdiction  to  recover  the  same. 
All  complaints  concerning  excessive  or  discriminatory  charges  shall  be 
filed  with  the  commission  within  two  years  from  the  time  the  cause  of 


1785  PUBLIC  UTILITIES.  Act  2886,  §§  72-74 

action  accrues,  and  the  petition  for  the  enforcement  of  the  order  shall 
be  filed  in  the  court  within  one  year  from  the  date  of  the  order  of  the 
commission.  The  remedy  in  this  section  provided  shall  be  cumulative 
and  in  addition  to  any  other  remedy  or  remedies  in  this  act  provided  in 
case  of  failure  of  a  public  utility  to  obey  an  order  or  decision  of  the 
commission. 

Duty  of  commission  to  compel  enforcement  of  laws.  Duty  of  attorney 
general  or  district  attorney. 
§  72.  It  is  hereby  made  the  duty  of  the  commission  to  see  that  the 
provisions  of  the  constitution  and  statutes  of  this  state  affecting  public 
utilities,  the  enforcement  of  which  is  not  specifically  vested  in  some 
other  officer  or  tribunal,  are  enforced,  and  obeyed,  and  that  violations 
thereof  are  promptly  prosecuted  and  penalties  due  the  state  therefor 
recovered  and  collected,  and  to  this  end  it  may  sue  in  the  name  of  the 
people  of  the  state  of  California.  Upon  the  request  of  the  commission, 
it  shall  be  the  duty  of  the  attorney  general  or  the  district  attorney  of 
the  proper  county  or  city  and  county  to  aid  in  any  investigation,  hear- 
ing or  trial  had  under  the  provisions  of  this  act,  and  to  institute  and 
prosecute  actions  or  proceedings  for  the  enforcement  of  the  provisions 
of  the  constitution  and  statutes  of  this  state  affecting  public  utilities 
and  for  the  punishment  of  all  violations  thereof. 

Liability  of  public  utility  for  damages  caused  by  unlawful  acts  or  omis- 
sions. 

§  73.  (a)  In  case  any  public  utility  shall  do,  cause  to  be  done  or 
permit  to  be  done  any  act,  matter  or  thing  prohibited,  forbidden  or 
declared  to  be  unlawful,  or  shall  omit  to  do  any  act,  matter  or  thing 
required  to  be  done,  either  by  the  constitution,  any  law  of  this  state 
or  any  order  or  decision  of  the  commission,  such  public  utility  shall  be 
liable  to  the  persons  or  corporations  affected  thereby  for  all  loss,  dam- 
ages or  injury  caused  thereby  or  resulting  therefrom,  and  if  the  court 
shall  find  that  the  act  or  omission  was  willful,  the  court  may  in  addi- 
tion to  the  actual  damages  award  damages  for  the  sake  of  example  and 
by  way  of  punishment.  An  action  to  recover  for  such  loss,  damage  or 
injury  may  be  brought  in  any  court  of  competent  jurisdiction  by  any 
corporation  or  person. 

(b)  No  recovery  as  in  this  section  provided  shall  in  any  manner 
affect  a  recovery  "by  the  state  of  the  penalties  in  this  act  provided  or 
the  exercise  by  the  commission  of  its  power  to  punish  for  contempt. 

Effect  on  actions  under  other  laws. 

§  74.  (a)  This  act  shall  not  have  the  effect  to  release  or  waive  any 
right  of  action  by  the  state,  the  commission,  or  any  person  or  corpora- 
tion for  any  right,  penalty  or  forfeiture  which  may  have  arisen  or  ac- 
crued or  may  hereafter  arise  or  accrue  under  any  law  of  this  state. 


Act  2886,  §  75  general  laws.  1786 

Penalties  cumulative. 

(b)  All  penalties  accruing  under  this  act  shall  be  cumulative  of  each 
other,  and  a  suit  for  the  recovery  of  one  penalty  shall  not  be  a  bar  to 
or  aifect  the  recovery  of  any  other  penalty  or  forfeiture  or  be  a  bar  to 
any  criminal  prosecution  against  any  public  utility,  or  any  officer,  di 
rector,  agent  or  employee  thereof,  or  any  other  corporation  or  person, 
or  be  a  bar  to  the  exercise  by  the  commission  of  its  power  to  puuish 
for  contempt. 

Mandamus  or  injunction  proceedings  at  instance  of  commission.  Action 
in  superior  court.  Judgment.  Appeal  to  supreme  court. 
§  75.  Whenever  the  commission  shall  be  of  the  opinion  that  any 
public  utility  is  failing  or  omitting  or  about  to  fail  or  omit,  to  do  any- 
thing required  of  it  by  law,  or  by  any  order,  decision,  rule,  direction 
or  requirement  of  the  commission,  or  is  doing  anything  or  about  to  do 
anything,  or  permitting  anything  or  about  to  permit  anything  to  be 
done,  contrary  to  or  in  violation  of  law  or  of  any  order,  decision,  rule, 
direction  or  requirement  of  the  commission,  it  shall  direct  the  attorney 
of  the  commission  to  commence  an  action  or  proceeding  in  the  superior 
court  in  and  for  the  county,  or  city  and  county,  in  which  the  cause  or 
some  part  thereof  arose,  or  in  which  the  corporation  complained  of,  if 
an}',  has  its  principal  place  of  business,  or  in  which  the  jjcrson,  if  any, 
comjdained  of,  resides,  in  the  name  of  the  people  of  the  state  of  Cali- 
fornia, for  the  purpose  of  having  such  violations  or  threatened  viola- 
tions stopped  and  ])revented,  either  by  mandamus  or  injunction.  The 
attorney  of  the  commission  shall  thereupon  begin  such  action  or  pro- 
ceeding by  petition  to  suL-h  superior  court,  alleging  the  violation  or 
threatened  violation  complained  of,  and  praying  for  appropriate  relief 
by  way  of  mandamus  or  injunction.  It  shall  thereupon  be  the  duty  of 
the  court  to  sjjecify  a  time,  not  exceeding  twenty  days  after  the  service 
of  the  copy  of  the  petition,  within  which  the  public  utility  complained 
of  must  answer  the  petition,  and  in  the  meantime  said  public  utility 
may  be  restrained.  In  case  of  default  in  answer,  or  after  answer,  the 
court  shall  immediately  inquire  into  the  facts  and  circumstances  of  the 
case.  Such  corporations  or  persons  as  the  court  may  deem  necessary  or 
proper  to  be  joined  as  parties,  in  order  to  make  its  judgment,  order  or 
•writ  effective,  may  be  joined  as  parties.  The  final  judgment  in  any 
such  action  or  proceeding  shall  either  dismiss  the  action  or  proceeding 
or  direct  that  the  wn-it  of  mandamus  or  injunction  issue  or  be  made 
I>ermancnt  as  prayed  for  in  the  petition,  or  in  such  modified  or  other 
form  as  will  afford  appropriate  relief.  An  appeal  may  be  taken  to  the 
supreme  court  from  such  final  judgnuMit  in  the  same  manner  and  with 
the  same  cfToct,  subject  to  the  provisions  of  this  act,  as  appeals  are 
taken  from  judgments  of  the  superior  court  in  other  actions  for  man- 
damus or  injunction. 


1787  PUBLIC  UTILITIES.  Act  2886,  §§  76-78 

Penalties  for  offenses  by  public  utility.  Responsibility  for  act  or  omis- 
sion of  employees. 
§  76.  (a)  Any  public  utility  which  violates  or  fails  to  comply  with 
any  provision  of  the  constitution  of  this  state  or  of  this  act,  or  which 
fails,  omits  or  neglects  to  obey,  observe  or  comply  with  any  order, 
decision,  decree,  rule,  direction,  demand  or  requirement  or  any  part  or 
provision  thereof,  of  the  commission,  in  a  case  in  which  a  penalty  has 
not  hereinbefore  been  provided  for  such  public  utility,  is  subject  to  a 
penalty  of  not  less  than  five  hundred  dollars  nor  more  than  two  thou- 
sand dollars  for  each  and  every  offense. 

(b)  Every  violation  of  the  provisions  of  this  act  or  of  any  order,  de- 
cision, decree,  rule,  direction,  demand  or  requirement  of  the  commission, 
or  any  part  or  portion  thereof  by  any  corporation  or  person  is  a  separate 
and  distinct  offense,  and  in  case  of  a  continuing  violation  each  day's 
continuance  thereof  shall  be  and  be  deemed  to  be  a  separate  and  distinct 
offense. 

(c)  In  construing  and  enforcing  the  provisions  of  this  act  relating  to 
penalties,  the  act,  omission  or  failure  of  any  officer,  agent  or  employee 
of  any  public  utility,  acting  within  the  scope  of  his  official  duties  or 
employment,  shall  in  every  case  be  and  be  deemed  to  be  the  act,  omis- 
sion or  failure  of  such  public  utility. 

Penalty  for  offense  by  officer  or  employee. 

§  77,  Every  officer,  agent  or  employee  of  any  public  utility,  who 
violates  or  fails  to  comply  with,  or  who  procures,  aids  or  abets  any  vio- 
lation by  any  public  utility  of  any  provision  of  the  constitution  of  this 
state  or  of  this  act,  or  who  fails  to  obey,  observe  or  comply  with  any 
order,  decision,  rule,  direction,  demand  or  requirement  or  any  part  or 
provision  thereof,  of  the  commission,  or  who  procures,  aids  or  abets  any 
public  utility  in  its  failure  to  obey,  observe  and  comply  with  any  such 
order,  decision,  rule,  direction,  demand  or  requirement,  or  any  part  or 
provision  thereof  in  a  case  in  which  a  penalty  has  not  hereinbefore 
been  provided  for  such  officer,  agent  or  employee,  is  guilty  of  a  mis- 
demeanor and  is  punishable  by  a  fine  not  exceeding  one  thousand  dol- 
lars, or  by  imprisonment  in  a  county  jail  not  exceeding  one  year,  or 
by  both  such  fine  and  imprisonment. 

Penalty  for  offenses  by  corporations  in  general. 

§  78.  Every  corporation,  other  than  a  public  utility,  which  violates 
any  provision  of  this  act,  or  which  fails  to  obey,  observe  or  com})ly 
with  any  order,  decision,  rule,  direction,  demand  or  requirement,  or  any 
part  or  provision  thereof,  of  the  commission,  in  a  case  in  which  a 
penalty  has  not  hereinbefore  been  provided  for  such  corporation,  is 
subject  to  a  penalty  of  not  less  than  five  hundred  dollars  nor  more  than 
two  thousand  dollars  for  each  and  every  offense. 


Act  2886,  §§79-82  general  laws.  1788 

Penalties  for  offenses  by  ofl&cers  or  employees  of  corporations  in  general 

§  79.  Every  person  who,  either  individualh',  or  acting  as  an  officer, 
agent  or  employee  of  a  corporation  other  than  a  public  utility,  violates 
any  provision  of  this  act,  or  fails  to  observe,  obey  or  comply  with  any 
order,  decision,  rule,  direction,  demand  or  requirement,  or  any  part  or 
portion  thereof,  of  the  commission,  or  who  procures,  aids  or  abets  any 
such  public  utility  in  its  violation  of  this  act,  or  in  its  failure  to  obey, 
observe  or  comply  with  any  such  order,  decision,  rule,  direction,  de- 
mand or  requirement,  or  any  part  or  portion  thereof,  in  a  case  in  which 
a  penalty  has  not  hereinbefore  been  provided  for  such  person,  is  guilty 
of  a  misdemeanor,  and  is  punishable  by  a  fine  not  exceeding  one  thou- 
sand dollars,  or  by  imprisonment  in  a  county  jail  not  exceeding  one  year, 
or  by  both  such  fine  and  imprisonment. 

Actions,  where  brought,  and  how  prosecuted.  Disposition  of  fines  and 
penalties. 
§  80.  Actions  to  recover  penalties  under  this  act  shall  be  brought  in 
the  name  of  the  people  of  the  state  of  California,  in  the  superior  court 
in  and  for  the  county,  or  city  and  county,  in  which  the  cause  or  some 
part  thereof  arose,  or  in  which  the  corporation  complained  of,  if  any, 
has  its  principal  place  of  business,  or  in  which  the  person,  if  any,  com- 
plained of,  resides.  Such  action  shall  be  commenced  and  prosecuted  to 
final  judgment  by  the  attorney  of  the  commission.  In  any  such  action, 
all  penalties  incurred  up  to  the  time  of  commencing  the  same  may  be 
sued  for  and  recovered.  In  all  such  actions,  the  procedure  and  rules  of 
evidence  shall  be  the  same  as  in  ordinary  civil  actions,  except  as  other- 
wise herein  provided.  All  fines  and  penalties  recovered  by  the  state 
in  any  such  action,  together  with  the  costs  thereof,  shall  be  paid  into 
the  state  treasury  to  the  credit  of  the  general  fund.  Any  such  action 
may  be  compromised  or  discontinued  on  application  of  the  commission 
upon  such  terras  as  the  court  shall  approve  and  order. 

Punishment  for  contempt. 

§  81.  Every  public  utility,  corporation  or  person  which  shall  fail  to 
observe,  obey  or  comply  with  any  order,  decision,  rule,  regulation,  direc- 
tion, demand  or  requirement,  or  any  part  or  portion  thereof,  of  the  com- 
mission or  any  commissioner  shall  be  in  contempt  of  the  commission, 
and  shall  be  punishable  by  the  commission  for  contempt  in  the  same 
manner  and  to  the  same  extent  as  contempt  is  punished  by  courts  of 
record.  The  remedy  prescribed  in  this  section  shall  not  be  a  bar  to  or 
affect  any  other  remedy  prescribed  in  this  act,  but  shall  be  cumulative 
and  in  addition  to  such  other  remedy  or  remedies. 

Effect  on  powers  of  control  by  municipalities. 

§  82.  This  act  shall  not  affect  such  ])owcrs  of  control  over  any  public 
utility  vested  in  any  city  and  county  or  incorporated  city  or  town  as, 
at  an  election  to  be  held  pursuant  to  laws  to  be  hereafter  passed  by  the 
legislature,  a  majority    of   the   qualified  electors   voting  thereon  of  such 


1789  PUBLIC  UTILITIES.  Act  2886,  §  83 

city  and  county,  or  incorporated  city  or  town,  shall  vote  to  retain,  and 
until  such  election  such  powers  shall  continue  unimpaired  in  such  city 
and  county  or  incorporated  city  or  town;  but  if  the  vote  so  taken  shali^ 
not  favor  the  continuation  of  such  powers,  they  shall  thereafter  vest 
in  the  commission;  provided,  that  where  any  such  city  and  county  or 
incorporated  city  or  town  shall  have  elected  to  continue  any  powers 
respecting  public  utilities,  it  may,  by  a  vote  of  a  majority  of  its  quali- 
fied electors  voting  thereon,  thereafter  surrender  such  powers  to  the 
commission  in  the  manner  to  be  prescribed  by  the  legislature;  or  if 
such  municipal  corporation  shall  have  surrendered  any  powers  to  the 
commission,  it  may,  by  like  vote,  thereafter  reinvest  itself  with  such 
j'ower. 

Eflfect  on  pending  actions  or  proceedings.  Ratification  of  previous  pro- 
ceedings. 
§  83.  (a)  This  act  shall  not  aifect  pending  actions  or  proceedings 
brought  by  or  against  the  people  of  the  state  of  California  or  the  com- 
mission, or  by  any  other  person  or  corporation  under  the  provisions  of 
chapters  20  or  386  of  the  Laws  of  1911,  but  the  same  may  be  prosecuted 
and  defended  with  the  same  effect  as  though  this  act  had  not  been 
passed.  Any  investigation,  hearing,  or  examination  undertaken,  com- 
menced, instituted  or  prosecuted  prior  to  the  taking  effect  of  this  act 
may  be  conducted  and  continued  to  a  final  determination  in  the  same 
manner  and  with  the  same  effect  as  if  it  had  been  undertaken,  com- 
menced, instituted  or  prosecuted  in  accordance  with  the  provisions  of 
this  act.  All  proceedings  hitherto  taken  by  the  commission  in  any  such 
investigation,  hearing  or  examination  are  hereby  ratified,  approved, 
validated  and  confirmed  and  all  such  proceedings  shall  have  the  same 
force  and  effect  as  if  they  had  been  undertaken,  commenced,  instituted, 
and  prosecuted  under  the  provisions  of  this  act  and  in  the  manner  herein 
prescribed. 

Effect  on  actions  under  certain  laws. 

(b)  No  cause  of  action  arising  under  the  provisions  of  chapters  20 
or  386  of  the  Laws  of  1911  shall  abate  by  reason  of  the  passage  of  this 
act,  whether  a  suit  or  action  has  been  instituted  thereon  at  the  time  o:f 
the  taking  effect  of  this  act  or  not,  but  actions  may  be  brought  upon 
STich  causes  in  the  same  manner,  under  the  same  terms  and  conditions, 
and  with  the  same  effect  as  though  said  chapters  had  not  been  repealed. 

Ratification  of  previous  orders. 

(c)  All  orders,  decisions,  rules  or  regulations  heretofore  made,  issued 
or  promulgated  by  the  commission  shall  continue  in  force  and  have  the 
same  effect  as  though  they  had  been  lawfully  made,  issued  or  promulgated 
under  the  provisions  of  this  act. 

Continuation  of  certain  laws. 

(d)  This  act,  in  so  far  as  ft  embraces  the  same  subject  matter,  shall 
be  construed  as  a  continuation   of  chapter  20  of  the  Laws  of  1911,  ap- 


Act  2886a  general  laws.  1790 

proved  February  10,  1911,  and  chapter  386  of  the  Laws  of  1911,  approved 
April  6,  1911. 

Constitutionality  of  act. 

§  84.  If  any  section,  subsection,  sentence,  clause  or  phrase  of  this 
act  is  for  any  reason  held  to  be  unconstitutional,  such  decision  shall 
not  aifect  the  validity  of  the  remaining  portions  of  this  act.  The  legis- 
lature hereby  declares  that  it  would  have  passed  this  act,  and  each  sec- 
tion, subsection,  sentence,  clause  and  phrase  thereof,  irrespective  of 
the  fact  that  any  one  or  more  other  sections,  subsections,  sentences, 
clauses  or  phrases  be  declared  unconstitutional. 

Application  to  foreign  or  interstate  commerce. 

§  85.  Neither  this  act  nor  any  provision  thereof,  except  when 
specifically  so  stated,  shall  apply  or  be  construed  to  apply  to  commerce 
with  foreign  nations  or  commerce  among  the  several  states  of  this  Union, 
except  in  so  far  as  the  same  may  be  permitted  under  the  provisions  of 
the  constitution  of  the  United  States  and  the  acts  of  Congress. 

Moneys  in  fund  appropriated. 

§  86.  All  moneys  which  are  paid  into  the  state  treasury  by  the  com 
mission  under  the  provisions  of  section  57  of  this  act,  and  credited  to 
the  railroad  commission  fund,  are  hereby  appropriated,  to  be  used  by 
the  commission  in  carrying  out  the  provisions  of  this  act,  and  the  con- 
troller is  hereby  directed  to  draw  his  warrant  on  said  fund  from  time 
to  time  in  favor  of  the  commission  for  the  amounts  expended  under  its 
direction,  and  the  treasurer  is  hereby  authorized  and  directed  to  pay  the 
same.     [Amendment  approved  June  14,  1913;  Stats.  1913,  p.  944.]- 

Repeal  of  other  acts. 

§  87.  The  railroad  commission  act,  approved  February  10,  1911,  and 
the  act  entitled  "An  act  to  amend  the  railroad  commission  act  by 
amending  section  15  thereof  relating  to  powers  and  duties  of  the  rail- 
road commission  of  the  state  of  California,  and  to  amend  section  37 
thereof  relating  to  free  and  reduced  rate  transportation  for  freight  and 
passengers."  approved  April  6,  1911,  and  all  acts  or  parts  of  acts  incon- 
sistent with  the  provisions  of  this  act,  are  hereby  repealed. 

§  88.  This  act  shall  take  effect  ninety  days  after  the  final  adjourn- 
ment of  this  session  of  the  legislature. 

The  amendatory  act  of  1913  contained  the  following:    §  9.      All  acts  and  parti 
of  acts  in  conflict  herewith  are  hereby  repealed. 

ACT  2886a. 

An  act  to  provide  for  submitting  to  the  qualified  electors  of  every  city 
and  county,  or  incorporated  city  or  town,  in  this  state  the  question 
whether  such  city  and  county,  or  incorporated  city  or  town,  shall 
retain   the   powers   of   control   vested   therein   respecting  all   or   any 


1791  PUBLIC  UTILITIES.  Act  2886a,  §§  1-4 

public  utilities,  and  providing  further  for  elections  thereafter  to 
surrender  such  powers  in  case  the  qualified  electors  of  any  such  city 
or  county,  or  incorporated  city  or  town,  shall  have  voted  to  retain 
such  powers  or  to  reinvest  such  city  and  county,  or  incorporatecf 
city  or  town,  with  such  powers,  in  case  the  qualified  electors  thereof 
have  voted  to  surrender  such  powers. 

[Approved  January  2,  1912.     Stats.  Ex.  Sess.  1911,  p.  168.] 

Municipal  power  of  control  over  public  utilities. 

§  1.  Any  city  and  county,  or  incorporated  city  or  town,  may  retain 
its  powers  of  control  vested  therein  respecting  any  one  or  more  classes 
of  public  utilities  and  may  thereafter  surrender  such  powers  to  the  rail- 
road commission  of  the  state  of  California,  hereinafter  called  the  rail- 
road commission,  or  may  reinvest  itself  with  such  powers  as  it  may  have 
surrendered  to  the  railroad  commission,  all  as  in  this  act  provided. 

Definitions. 

§  2.  The  term  "municipal  corporation,"  as  used  in  this  act,  shall  be 
construed  to  mean  a  city  and  county,  or  an  incorporated  city  or  town. 
The  term  "legislative  body,"  as  used  in  this  act,  shall  be  construed  to 
mean  the  board  of  supervisors,  municipal  council,  commission  or  other 
legislative  or  governing  body  of  a  municipal  corporation. 

Terms  defined  by  public  utilities  act. 

§  3.  The  terms  "railroad  corporation,"  "street  railroad  corporation," 
"common  carrier,"  "gas  corporation,"  "electrical  corporation,"  "water 
corporation,"  "telephone  corporation,"  "telegraph  corporation,"  "wharf- 
inge.","  "warehouseman"  and  "public  utility,"  as  used  in  this  act,  shall 
severally  have  the  same  meaning  as  is  given  to  them,  respectively,  in 
section  2  of  the  act  known  as  the  "Public  Utilities  Act." 

Submission  to  electors  of  question  to  retain  control.  Procedure.  Duty 
of  registrar  of  voters. 
§  4.  The  question  whether  any  municipal  corporation  shall  retain  its 
powers  of  control  respecting  one  or  more  classes  of  public  utilities  may 
be  submitted  to  the  qualified  electors  of  such  municipal  corporation,  as 
]irovided  in  this  act,  either  at  a  general  municipal  election  or  at  a 
special  election  held  therein.  Such  question  may  be  so  submitted,  either 
in  pursuance  of  an  ordinance  of  intention  adopted  by  a  vote  of  three- 
fifths  of  all  the  members  of  the  legislative  body  of  such  municipal  cor- 
poration, declaring  that  the  public  interest  requires  the  submission  of, 
and  that  it  is  the  intention  of  such  legislative  body  to  submit,  such 
question  to  a  vote  of  the  qualified  electors  of  such  municipal  corpora- 
tion, or  in  pursuance  of  a  petition  of  qualified  electors  of  such  municipal 
corporation,  as  hereinafter  provided.  Such  ordinance  of  intention  or 
such  petition,  as  the  case  may  be,  shall  contain  the  propositions  pro- 
posed to  be  so  submitted,  as  set  forth  in  section  6  of  this  act.  Such 
petition  shall  be  signed  by  qualified  electors  of  such  municipal   corpora- 


Act  2886a,  §  4  general  laws.  1792 

tion,  equal  in  number  to  ten  per  centum  of  such  qualified  electors,  com- 
puted upon  the  total  number  of  votes  cast  in  such  municipal  corpora- 
tion for  all  candidates  for  governor  at  the  last  preceding  general,  election 
-prior  to  the  filing  of  such  petition  at  which  a  governor  was  elected. 
Such  petition  may  consist  of  separate  papers;  provided,  that  if  any 
paper  consists  of  more  than  one  sheet,  it  shall  be  securely  fastened  to- 
gether at  the  top.  The  signatures  need  not  all  be  appended  to  one  sheet 
or  paper.  Each  such  paper  shall  have  attached  thereto,  at  the  bottom 
of  the  last  sheet  thereof,  the  affidavit  of  a  qualified  elector  of  such 
municipal  corporation,  stating  that  all  of  the  signatures  on  each  sheet 
thereof  were  made  in  his  presence,  and  that  to  the  best  of  his  knowl- 
edge and  belief  each  signature  is  the  genuine  signature  of  the  person 
whose  name  purports  to  be  thereto  subscribed.  Such  petition  shall  be 
filed  with  the  clerk  of  the  legislative  body  of  such  municipal  corpora 
tion.  Within  ten  days  from  the  date  of  the  filing  of  such  petition,  said 
clerk  shall  examine  the  petition  and  ascertain  from  the  record  of  the 
registration  of  the  electors  of  the  city  and  county,  or  of  the  county  in 
which  such  municipal  corporation  is  situated,  whether  the  petition  is 
signed  by  the  requisite  number  of  the  qualified  electors  of  such  municipal 
corporation;  and  if  requested  by  said  clerk,  the  said  legislative  body 
of  said  municipal  corporation  shall  authorize  him  to  employ  persons 
specially  to  assist  him  in  the  work  of  examining  such  petition  and  shall 
provide  for  their  compensation.  Upon  the  completion  of  such  examina- 
tion, said  clerk  shall  forthwith  attach  to  said  petition  his  certificate, 
properly  dated,  showing  the  result  of  such  examination.  If  from  such 
examination,  said  clerk  shall  find  that  said  petition  is  signed  by  the 
requisite  number  of  qualified  electors,  he  shall  certify  that  the  same  is 
sufficient;  but  if,  from  such  examination,  he  shall  find  that  said  petition 
is  not  signed  by  such  requisite  number  of  qualified  electors,  he  shall 
certify  to  the  number  of  qualified  electors  signing  such  petition  and  to 
the  number  of  qualified  electors  required  to  make  such  petition  suflScient. 
If  by  the  certificate  of  said  clerk  the  petition  is  shown  to  be  insufficient, 
it  may  be  amended  b}'  filing  a  supplemental  petition  within  ten  days 
from  the  date  of  such  certificate.  Said  clerk  shall,  within  ten  days 
from  the  filing  of  such  supplemental  petition,  make  like  examination  of 
the  same  and  certify  to  the  result  of  such  examination  as  hereinbefore 
provided.  If  the  certificate  of  the  clerk  shall  show  any  such  petition, 
or  any  such  petition  together  with  a  supplemental  petition,  to  be  in- 
sufficient, it  shall  be  retained  by  him  and  kept  as  a  public  record,  with- 
out prejudice,  howaver,  to  the  filing  of  a  new  petition  to  the  same  effect. 
But  if,  by  the  certificate  of  the  clerk,  such  petition,  or  such  petition 
together  with  a  supplemental  petition,  is  shown  to  be  sufficient,  the 
clerk  shall  forthwith  present  the  same  to  the  legislative  body  of  such 
municipal  corporation.  The  sufficiency  or  insufficiency  of  such  petition 
shall  not  be  subject  to  review  by  such  legislative  body.  After  the  elec- 
tion held  in  pursuance  of  such  petition,  the  sufficiency  of  such  petition 
in  any  respect  shall  not   be  subject   to  judicial  review   or  be  otherwise 


1793  PUBLIC  UTILITIES.  Act  2886a,  §  5 

questioned.  In  any  city  and  county  having  a  board  of  election  com- 
missioners and  a  registrar  of  voters,  the  clerk  of  the  legislative  body 
thereof  shall  immediately  upon  the  filing  of  any  petition  with  him, 
transmit  the  same  to  such  board  of  election  commissioners,  who  shall 
forthwith  deliver  such  petition  to  said  registrar  of  voters,  who  shall 
perform  all  the  duties  herein  required  to  be  performed  in  other  munici- 
pal corporations  by  the  clerk  of  the  legislative  body  thereof,  respecting 
the  examination  and  certification  of  such  petition.  Such  registrar  of 
voters  shall,  upon  making  his  certificate,  forthwith  return  said  petition 
to  said  clerk,  who  shall  thereupon  present  such  petition  and  the  certifi- 
cate thereto  attached  to  the  legislative  body  of  such  municipal  corpora 
tion  as  hereinbefore  in  this  section  provided. 

Election  for  submission  of  question  to  retain  control.  Question  may  be 
submitted  at  general  election. 
§  5.  Upon  the  adoption  of  such  ordinance  of  intention,  or  the  presenta- 
tion as  aforesaid  of  such  petition,  as  provided  in  section  4  of  this  act, 
the  legislative  body  of  such  municipal  corporation  shall,  by  ordinance, 
order  the  holding  of  a  special  election  for  the  purpose  of  submitting  to 
the  qualified  electors  of  such  municipal  corporation  the  propositions  set 
forth  in  such  ordinance  of  intention  or  in  such  petition,  as  the  case  may 
be,  which  propositions  shall  be  those  set  forth  in  section  6  of  this  act, 
or  such  legislative  body  shall,  by  ordinance,  order  the  submission  of 
such  propositions  at  a  general  municipal  election,  as  hereinafter  pro- 
vided. Such  special  election  shall  be  held  not  less  than  twenty  days 
nor  more  than  sixty  days  after  the  adoption  of  the  ordinance  of  in- 
tention provided  for  in  section  4  of  this  act,  or  the  presentation  of  such 
petition  to  said  legislative  body;  provided,  that  if  a  general  municipal 
election  shall  occur  in  said  municipal  corporation  not  less  than  twenty 
days  nor  more  than  sixty  days  after  the  adoption  of  said  ordinance  of 
intention  or  the  presentation  of  said  petition  to  said  legislative  body, 
said  propositions  may  be  submitted  at  such  general  municipal  election, 
in  the  same  manner  as  other  propositions  are  required  by  law  to  be 
submitted  at  general  municipal  elections  in  such  municipal  corporation. 
Every  special  election  held  in  any  municipal  corporation  under  the  pro- 
visions of  this  act,  shall  be  called  by  the  legislative  body  thereof,  by 
ordinance,  which  shall  specify  the  propositions  to  be  submitted  at  such 
election  and  the  date  thereof,  and,  where  provision  is  not  otherwise 
made  by  law,  shall  establish  the  election  precincts  therefor  and 
designate  the  polling  places  therein,  and  the  names  of  the  election 
officers  for  each  such  precinct.  Such  ordinance  shall,  prior  to  such  elec- 
tion, be  published  five  times  in  a  daily  newspaper  printed  and  published  in 
such  municipal  corporation,  or  twice  in  a  weekly  newspaper  printed 
and  published  therein,  if  there  be  no  such  daily  newspaper;  provided, 
that  if  no  such  daily  or  weekly  newspaper  be  printed  and  published 
in  such  municipal  corporation,  the  clerk  of  said  legislative  body  shall 
post  a  copy  of  said  ordinance  in  three  public  places  in  such  municipal 
113 


Act  2886a,  §§  6, 7  general  laws.     "  1794 

corporation  at  least  ten  days  prior  to  such  election.  The  propositions 
submitted  under  this  section  at  any  general  municipal  election  or  at  any 
special  election  shall  be  the  same  as  those  set  forth  in  section  6  of  this 
act. 

Propositions  upon  which  vote  shall  be  taken.     Manner  of  voting. 

§  6.  The  ballots  to  be  used  at  any  general  municipal  election  or  at 
any  special  election,  at  which  is  submitted  the  question  whether  a 
municipal  corporation  shall  retain  its  powers  of  control  respecting 
public  utilities  shall  have  printed  thereon,  in  addition  to  the  other 
matters  required  by  law,  the  following  projiositions: 

"Proposition  No.  1.  Shall  (name  of  municipal  corporation)  re- 
tain its  po'wers  of  control  over  railroad  corporations?" 

"Proposition  No.  2.  Shall  (name  of  municipal  corporation)  re- 
tain   its   powers    of    control    over    street    railroad    corporations?" 

"Proposition  No.  3.  Shall  (name  of  municipal  corporation)  re- 
tain its  powers  .  of  control  over  common  carriers  other  than  railroad 
and   street   railroad  corporations?" 

"Proposition  No.  4.  Shall  (name  of  municipal  corporation)  re- 
tain  its   powers  of   control   over  gas   corporations!" 

"Proposition  No.  5.  Shall  (name  of  municipal  corporation)  re- 
tain its  powers  of  control  over  electrical  corporations?" 

"Proposition   No.   6.     Shall  (name   of  municipal   corporation)    re 

tain   its   powers   of  control   over   telephone   corporations?" 

"Proposition  No.  7.  Shall  (name  of  municipal  corporation)  re- 
tain its  powers   of  control   over   telegraph   corporations?" 

"Proposition  No.  8.  Shall  (name  of  municipal  corporation)  re- 
tain  its  powers  of  control   over  water   corporations?"    '' 

"Proposition  No.  9.  Shall  (name  of  municipal  corporation)  re- 
tain its  powers  of  control  over  wharfingers?" 

"Proposition  No.  10.  Shall  (name  of  municipal  corporation)  re- 
tain  its  powers  of  control  over  warehousemen?" 

Opposite  each  such  proposition  to  be  voted  upon,  and  to  the  right 
thereof,  the  words  "Yes"  and  "No"  shall  be  printed  on  separate  lines, 
with  voting  squares.  Any  voter  desiring  to  vote  in  favor  of  the  re 
tention  of  the  powers  of  control  of  such  municipal  corporation  respect- 
ing any  particular  class  of  public  utility,  shall  stamp  a  cross  (X)  in 
the  voting  square  after  the  printed  word  "Yes"  opposite  the  proposition 
as  to  such  class,  and  any  voter  desiring  to  vote  against  the  retention 
of  such  powers  of  such  municipal  corporation  respecting  any  particular 
class  of  public  utility,  shall  stamp  a  cross  (X)  in  the  voting  square 
after  the  printed  word  "No"  opposite  such  proposition. 

Canvass  of  returns.     Result  of   election   for   submission   of   question  to 
retain  control. 
§  7.     If  the   propositions  specified  in  section  6  of  this  act  shall  have 
been  submitted  at  a  special  election  in  any  municipal  corporation,  then 


1795  PUBLIC  UTILITIES.  Act  2886a,  §  7 

the  legislative  hody  or  other  body  or  board  charged  with  the  duty  of 
canvassing  the  returns  and  declaring  the  result  of  elections  in  such 
municipal  corporation,  shall  meet  at  their  usual  place  of  meeting  on  the 
first  Monday  after  such  election  to  canvass  the  returns  and  declare  the 
result  thereof.  Immediately  upon  the  completion  of  such  canvass,  or 
upon  the  completion  of  the  canvass  of  the  returns  of  any  general  muni- 
cipal election  at  which  such  propositions  shall  have  been  submitted, 
such  legislative  body  or  other  body  or  board  charged  with  said  duty 
shall  make  an  order  declaring  the  result  of  the  election  upon  such 
propositions  and  shall  cause  the  same  to  be  entered  upon  its  minutes, 
which  order  shall  show  the  total  number  of  votes  cast  upon  each  such 
jtroposition,  and  the  number  of  votes  cast  respectively  in  favor  of  and 
against  each  such  proposition.  If  it  shall  appear  from  the  result  of 
such  election,  as  so  declared,  that  a  majority  of  the  qualified  electors 
of  such  municipal  corporation  voting  on  any  proposition  submitted,  as 
provided  in  section  5  of  this  act,  shall  have  voted  to  retain  the  powers 
of  control  of  such  municipal  corporation  respecting  any  particular  class 
of  public  utility,  such  municipal  corporation  shall  be  deemed  to  have 
elected  to  retain  such  powers  of  control  respecting  such  class  of  public 
uti]it.y,  and  such  powers  shall  be  exercised  by  such  municipal  cor- 
poration until  the  same  may  be  surrendered  as  hereinafter  provided; 
and  if  it  shall  appear  from  the  result  of  such  election,  as  so  declared, 
that  a  majority  of  such  qualified  electors  so  voting  on  any  such  proposi- 
tion shall  have  voted  not  to  retain  such  powers  respecting  any  class 
of  public  utility,  such  municipal  corporation  shall  be  deemed  to  have 
elected  not  to  retain  such  powers  of  control  respecting  such  class  of 
public  utility,  and  such  power  of  control  shall  thereafter  vest  in  and 
be  exercised  by  the  railroad  commission  as  provided  by  law.  Im- 
mediately upon  the  entry  of  the  order  declaring  the  result  of  the  election 
as  to  such  proposition,  the  clerk  of  the  legislative  body  or  the  registrar 
of  A'oters  in  any  municipal  corporation  having  a  board  of  election 
commissioners  and  a  registrar  of  voters,  shall  make  copies,  in  duplicate, 
of  such  order,  and  shall  attach  to  each  such  copy  his  certificate  under 
the  seal,  if  any,  of  such  municipal  corporation,  or  of  such  board  of 
election  commissiouers,  certifying  that  the  same  is  a  true  and  correct 
copy  of  such  order.  Said  clerk  or  registrar  of  voters,  as  the  case  may 
be,  shall  forthwith  file  one  of  said  copies  in  the  office  of  the  railroad 
commission  of  the  state  of  California  and  the  other  in  the  office  of  the 
secretary  of  state.  Immediately  upon  the  filing  of  such  certified  copy, 
of  such  order  in  the  office  of  "the  railroad  commission,  the  powers  of 
control  theretofore  vested  in  such  municipal  corporation  over  any  class 
or  classes  of  public  utilities  which  a  majority  of  the  qualified  electors 
of  such  municipal  corporation  voting  thereof  shall  have  voted  riot  to 
retain,  as  shown  by  such  order  shall  thereupon  vest  in  and  be  exercised 
by  the  railroad  commission,  until  such  municipal  corporation  shall  re- 
invest itself  with  such  powers  of  control  as  hereinafter  provided. 


Act  2886a,  §  8  general  laws.  1796 

Election  to  surrender  powers  of  control.  Contents  of  ballots.  Manner 
of  voting.  Result  of  election  to  surrender  powers  of  control. 
§  8.  Any  municipal  corporation  which  shall  have  voted  to  retain  the 
powers  of  control  vested  therein  respecting  any  class  or  classes  of  public 
utilities,  or  which  may  have  reinvested  itself  with  such  power,  as  herein- 
after provided,  may  thereafter  surrender  its  powers  of  control  as  to 
such  class  or  classes  of  public  utilities  at  a  general  municipal  election 
or  a  special  election  therein,  called  for  that  purpose.  The  ballots  to 
be  used  at  such  election  shall  have  printed  thereon,  in  addition  to  the 
other  matters  required  by  law,  separate  propositions  as  to  each  of  the 
classes  of  public  utilities  as  to  which  such  municipal  corporation  may 
theretofore  have  voted  to  retain  its  powers  of  control  or  with  which  it  may 
have  reinvested  itself.  As  to  each  of  such  classes  of  public  utilities, 
and  in  addition  to  the  other  matters  required  by  law  to  be  printed 
thereon,  a  proposition  shall  be  printed  on  the  ballot  to  be  used  at  such 
election  in  substantially  the  following  form:  "Shall  (name  of  muni- 
cipal corporation)  surrender  its  powers  of  control  over  (here  insert 

class  of  public  utility)  to  the  railroad  commission?"  Opposite  each 
such  proposition  to  be  voted  upon,  and  to  the  right  thereof,  the  words 
"Yes"  and  "No"  shall  be  printed  on  separate  lines,  with  voting  squares. 
Any  elector  desiring  to  vote  to  surrender  the  powers  of  control  of  such 
municipal  corporation  over  any  class  of  public  utility  specified  on  the 
ballot,  shall  stamp  a  cross  (X)  in  the  voting  square  opposite  the  printed 
word  "Yes,"  after  the  proposition  as  to  such  class;  and  any  elector 
desiring  to  vote  not  to  surrender  the  powers  of  control  of  such  munici- 
pal corporation  over  such  class  of  public  utility,  shall  stamp  a  cross  (X) 
in  the  voting  square  opposite  the  printed  word  "No"  after  the  proposi- 
tion as  to  such  class.  The  provisions  of  sections  4,  5,  and  7  of  this  act, 
in  so  far  as  applicable,  shall  govern  elections  called,  conducted  and  held 
under  the  provisions  of  this  section  and  to  general  municipal  elec- 
tions at  which  such  propositions  shall  be  submitted.  If  it  shall  appear 
from  the  result  of  such  election  declared  as  provided  in  section  7  of 
this  act,  that  a  majority  of  the  qualified  electors  of  such  municipal 
corporation  voting  on  any  proposition  submitted  as  provided  in  this 
section,  shall  have  voted  to  surrender  the  powers  of  control  of  such 
municipal  corporation  respecting  any  particular  class  of  public  utility, 
such  municipal  corporation  shall  be  deemed  to  have  surrendered  its 
powers  of  control  as  to  such  class  of  public  utility  to  the  railroad  com- 
mission, and  such  powers  shall  thereafter  vest  in  and  be  exercised  by 
the  railroad  commission,  as  provided  by  law,  upon  the  filing,  in  the 
office  of  the  railroad  commission,  of  a  certified  copy  of  the  order  de- 
claring the  result  of  such  election  until  such  municipal  corporation  shall 
reinvest  itself  with  such  powers  as  hereinafter  provided;  and  if  it  shall 
appear  from  the  result  of  such  election,  as  declared,  that  a  majority 
of  such  qualified  electors  voting  on  any  such  proposition  shall  have 
voted  not  to  surrender  such  powers  of  control  respecting  any  particular 
class   of   public   utility,   such   powers   of   control   shall   continue   in   sucli 


1797  PUBLIC  UTILITIES.  Act  2886a,  §  9 

municipal  corporation;  provided,  however,  that  such  powers  of  control 
may  thereafter  be  surrendered  by  such  municipal  corporation  at  any 
subsequent  election  at  which  the  question  of  such  surrender  may  again  be 
submitted  under  the  provisions  of  this  act. 

Election  to  reinvest  with  powers  of  control.  Contents  of  ballots.  Result 
of  election  to  reinvest  with  powers  of  control. 
§  9.  Any  municipal  corporation  that  shall  have  surrendered  to  the 
railroad  commission  powers  of  control  respecting  any  class  of  public 
utility  may  thereafter  reinvest  itself  with  such  powers  by  a  vote  of  the 
qualified  electors  thereof  taken  at  a  general  municipal  election  or  at  a 
special  election.  The  ballots  to  be  used  at  such  election  shall  have 
printed  thereon,  in  addition  to  the  other  matters  required  by  law,  sepa- 
rate propositions  as  to  each  class  of  public  utility  designated  in  the 
petition  for  such  election  or  in  the  ordinance  of  intention.  As  to  each 
such  class  of  public  utility,  a  proposition  shall  be  printed  on  the  ballot 
in  substantially  the  following  form:  "Shall  (name  of  municipal  cor- 
poration)   reinvest   itself   with    powers    of    control    over   (class    of 

public  utility)  ?"  Opposite  each  such  proposition  to  be  voted  upon  and 
to  the  right  thereof,  the  words  "Yes"  and  "No"  shall  be  printed  on 
separate  lines,  with  voting  squares.  Any  elector  desiring  to  vote  to 
reinvest  such  municipal  corporation  with  powers  of  control  respecting 
any  class  of  public  utility  designated  on  the  ballot  shall  stamp  a  cross 
(X)  in  the  voting  square  after  the  printed  word  "Yes"  opposite  the 
proposition  as  to  such  class,  and  any  elector  desiring  to  vote  not  to 
reinvest  such  municipal  corporation  with  powers  respecting  such  class 
of  public  utility  shall  stamp  a  cross  (X)  in  the  voting  square  after 
the  printed  word  "Xo"  opposite  such  proposition.  The  provisions  of 
sections  4,  5  and  7  of  this  act,  in  so  far  as  applicable,  shall  apply  to 
elections  called,  conducted  and  held  under  the  provisions  of  this  section 
and  to  general  municipal  elections  at  which  such  propositions  shall  be 
submitted.  If  it  shall  appear  from  the  result  of  such  election,  declared 
as  provided  in  said  section  7,  that  a  majority  of  the  qualified  electors 
of  such  municipal  corporation  voting  on  any  proposition  submitted  as 
provided  in  this  section  shall  have  voted  to  reinvest  such  municipal 
corporation  with  powers  of  (Tontrol  respecting  any  particular  class  of  pub- 
lic utility,  such  municipal  corporation  shall  be  deemed  to  have  reinvested 
itself  with  such  powers,  and  upon  the  filing  in  the  office  of  the  railroad 
commission  of  a  certified  copy  of  the  order  declaring  the  result  of  such 
election,  the  powers  of  control  with  which  such  municipal  corporation 
shall  have  voted  to  reinvest  itself,  as  shown  by  such  order,  shall  cease 
to  be  exercised  by  the  railroad  commission,  and  shall  vest  in  and  be 
exercised  by  such  municipal  corporation;  and  if  it  shall  appear  from 
the  result  of  such  election,  as  declared,  that  a  majority  of  the  qualified 
electors  of  such  municipal  corporation  voting  on  any  such  proposition,  as 
provided  in  this  section,  shall  have  voted  not  to  reinvest  such  municipal 
corporation   with    powers    of    control    resi)octing   any   particular    class    of 


Act  2887  GENERAL   LAWS.  1798 

public  utility,  such  powers  of  control  shall  continue  in  and  be  exercised 
by  the  railroad  commission;  provided,  that  such  municipal  corporation 
may  thereafter  reinvest  itself  with  such  powers  of  control  at  any  sub- 
sequent election  at  which  such  question  may  be  again  so  submitted  under 
the  provisions  of  this  act. 

Limitation  on  holding  of  special  elections. 

§  10.  The  holding  of  a  special  election  or  elections,  or  the  submission 
of  propositions  at  any  general  municipal  election,  under  any  of  the 
provisions  of  this  act,  shall  not  be  construed  to  preclude  the  holding 
of  a  subsequent  special  election  or  elections  or  the  subsequent  submis- 
sion of  propositions  at  a  general  municipal  election  or  elections,  on  the 
question  of  the  retention,  surrender  or  reinvestment  by  a  municipal 
corporation  of  its  powers  of  control  respecting  any  class  or  classes  of 
public  utilities,  as  in  this  act  provided;  provided,  that  not  more  than 
one  such  special  election  shall  be  held  within  any  period  of  twelve 
months. 

Conduct  of  elections. 

§  11.  Except  as  otherwise  in  this  act  provided,  the  holding  and  eon- 
ducting  of  elections  under  the  provisions  of  this  act,  the  form  of  the 
ballots  used,  the  opening  and  closing  of  the  polls,  the  canvass  of  the 
returns  and  the  declaring  of  the  result  shall  conform,  as  nearly  as  may 
be,  to  such  laws  as  shall  now  or  hereafter  be  applicable  to  special 
municipal  elections  held  in  the  municipal  corporation  affected. 

ACT  2887. 

An   act   making   an   appropriation   for   the   purpose   of   carrying   out   the 

provisions  of  the  public  utilities  act. 

[Approved  December  24,   1911.     Stats.   Ex.   Sess.   1911,   p.   107.] 

"Whereas,  The  railroad  commission  act,  approved  February  10,  1911, 
appropriated  the  sum  of  one  hundred  thousand  dollars,  to  be  used  by 
the  railroad  commission  to  carry  out  the  provisions  of  said  act;  and 

Whereas,  The  public  utilities  act  will  repeal  the  railroad  commission 
act  and  will  thereby  turn  back  into  the  general  fund  of  this  state  such 
portion  of  said  appropriation  as  may  remain  unexpended  when  the  pub- 
lic utilities  act  goes  into  effect,  such  moneys  so  remaining  unexpended 
being  estimated  at  ninety-six  thousand  dollars;   and 

Whereas,  It  is  necessary  to  appropriate  to  the  use  of  the  railroad 
commission  said  sum  of  ninety-six  thousand  dollars  and  such  further 
moneys  as  may  be  needed  to  enable  the  railroad  commission  to  perform 
the  additional  duties  devolving  upon  the  commission  under  the  public 
utilities  act,  until  the  end  of  the  next  fiscal  year,  said  additional  moneys 
being  estimated  to  be  sixteen  thousand  dollars  for  the  salaries  of  two 
additional  commissioners  and  ninety-two  thousand  dollars  for  new  pub- 
lic utility  work;   now,  therefore, 

The  people  of  the  state  of  C'aliforui.i  do  enact  as  follows: 


1799  PUBLIC  UTILITIES.  Act  2887a,  §§  1, 2 

Appropriation. 

§  1.  The  sum  of  two  hundred  and  ten  thousand  dollars  is  hereby  ap- 
propriated out  of  any  money  in  the  state  treasury  not  otherwise  appro- 
priated to  be  used  by  the  railroad  commission  in  carrying  out  the  pro- 
visions of  the  public  utilities  act. 

§  2,  The  state  controller  is  hereby  directed  to  draw  his  warrant  on 
the  general  fund  from  time  to  time  in  favor  of  said  commission  for  the 
amounts  expended  under  its  direction,  and  the  state  treasurer  is  hereby 
authorized  and  directed  to  pay  the  same. 

§  3.  This  act  shall  take  effect  ninety  days  after  the  final  adjourn- 
ment of  this  session  of  the  legislature. 

ACT  2887a. 

An  act  to  provide  for  the  incorporation  and  organization  of  public  util- 
ity districts,  authorizing  such  districts  to  incur  bonded  indebtedness 
for  the  purpose  of  the  construction  of  works  and  the  acquisition  of 
property,  and  to  levy  and  collect  taxes  to  pay  the  principal  and 
interest  on  bonds  and  for  carrying  on  their  operations,  and  provid- 
ing for  the  powers,  management  and  government  of  such  districts. 
[Approved  June  5,  1913.     Stats.  1913,  p.  450.] 

Organization  of  public  utility  districts. 

§  1.  A  public  utility  district  may  be  organized,  incorporated  and 
managed  as  herein  provided,  and  may  exercise  the  powers  herein  ex- 
pressly granted,  or  reasonably  implied  therefrom.  Such  a  district  may 
include  municipalities  only  or  both  incorporated  and  unincorporated 
territory,  whether  such  municipalities  or  such  territory  are  in  the  same 
or  in  different  counties,  but  no  municipal  corporation  shall  be  divided 
in  the  formation  of  such  a  district. 

Ordinance. 

§  2.  When  any  municipality  in  the  state  of  California  desires  to 
organize  such  a  public  utility  district  as  herein  provided  for,  the  legis- 
lative body  of  such  municipal  corporation  at  any  regular  meeting  of 
such  body  may  pass  an  ordinance  reciting: 

1.  The  name  of  the  city  adopting  the  ordinance. 

2.  That  the  public  interest  requires  the  incorporation  of  a  public  util- 
ity district. 

3.  The  boundaries  of  the  proposed  district,  and  the  names  of  the 
municipalities  included  within  the  proposed  district.  If  such  proposed 
district  includes  only  municipalities,  it  shall  be  sufficient  to  state  the 
names  thereof  without  further  setting  forth  the  boundaries  of  the  dis- 
trict. 

4.  The  name  of  the  district  which  shall  include  the  words  "public 
utility  district." 


Act  2887a,  §§  3-6  general  laws.  1800 

5.  An  estimate  of  the  preliminary  costs  and  expenses  of  organizing 
the  proposed  district,  and  a  proposed  apportionmJ'nt  of  the  aggregate  of 
such  costs  and  expenses  among  the  municipalities  to  be  included  within 
the  district. 

Notice  to  other  cities  included. 

§  3.  Within  ten  days  after  such  ordinance  becomes  a  law,  the  clerk 
of  the  said  legislative  body  adopting  the  same,  shall  transmit  by  regis- 
tered mail  a  certified  copy  thereof  to  the  legislative  body  of  the  other 
municipalities  named  therein,  addressed  to  the  clerk  thereof,  and  also 
to  the  board  of  supervisors  of  any  county,  unincorporated  territory  of 
which  is  proposed  to  be  included  within  such  district,  addressed  to  the 
clerk  thereof. 

Approval  of  ordinance  by  other  cities. 

§  4.  Within  forty  days  after  the  receipt  of  such  certified  copy  of 
such  ordinance  by  any  municipality  named  therein,  or  by  any  board  of 
suijervisors  of  any  county,  unincorporated  territory  of  which  is  proposed 
to  be  included  in  such  district,  the  legislative  body  of  such  municipality 
and  the  board  of  supervisors  of  such  county  shall,  by  ordinance,  either 
approve  or  disapprove  the  said  ordinance  without  alteration  or  amend- 
ment. A  failure  on  the  part  of  any  municipality  or  of  any  board  of 
supervisors  of  any  county  to  act  as  herein  provided,  shall  be  deemed  a 
refusal  to  approve  such  ordinance. 

Notice  to  city  initiating. 

§  5.  After  the  passage  and  going  into  effect  of  said  ordinance  re- 
quired to  be  passed  by  section  4  hereof,  the  clerk  of  the  municipality 
or  of  the  board  of  supervisors  acting  thereon,  shall  forthwith  forward 
a  certified  copy  of  such  ordinance  to  the  municipality  initiating  the 
proceedings. 

Special  election. 

§  6.  Within  thirty  days  after  the  receipt  of  all  of  said  ordinances, 
if  it  shall  appear  that  said  initiatory  ordinance  has  been  approved  by 
all  of  the  municipalities  named  therein  and  by  all  such  boards  of  super- 
visors, the  legislative  body  of  the  municipality  initiating  the  proceed- 
ings shall  fix  a  day  for  holding  a  special  election  in  each  of  the  munici- 
palities that  have  approved  of  said  ordinance  and  in  the  iinineorporated 
territory  proposed  to  be  included  in  such  district,  at  which  shall  be  sub- 
mitted to  the  electors  thereof  the  proposition  of  organizing  such  public 
utility  district,  and  shall  also  provide  for  holding  a  similar  election 
within  its  own  municipality.  In  case  the  initiatory  ordinance  has  not 
been  approved  by  all  of  the  municipalities  and  by  all  the  boards  of 
supervisors  no  further  proceeilings  shall  be  had  but  new  proceedings  may 
be  taken  as  provided  in  section  2  hereof. 


1801  PUBLIC  UTILITIES.  Act  2887a,  §§  7-9 

Date  of  election.     Apportionment  of  costs.     Ballot.     Canvass  of  votes. 

§  7.  The  date  for  such  special  election  shall  be  certified  to  all  of  the 
municipalities  and.  boards  of  supervisors  which  have  adopted  the  ordi- 
nance herein  provided  for,  and  the  legislative  body  of  each  such  munici- 
pality and  each  of  the  boards  of  supervisors  which  have  approved  said 
ordinance,  shall  call  and  provide  for  the  holding  of  a  special  election  in 
their  respective  municipalities,  and  in  the  unincorporated  territory,  on 
the  day  so  fixed,  and  such  an  election  shall  be  held  and  conducted  in 
the  manner  and  form  required  by  law  for  the  holding  of  special  elections 
within  such  municipalities  and  counties,  respectively.  The  election  in 
the  unincorporated  territory  proposed  to  be  included  in  such  district  shall 
be  confined  to  the  limits  thereof.  Prior  to  the  holding  of  said  election 
the  municipalities  named  in  such  ordinance  shall  pay  to  the  municipality 
initiating  such  proceedings,  the  amount  apportioned  to  it  for  preliminary 
costs  and  expenses  by  the  ordinance  provided  for  in  section  2  hereof. 
The  cost  of  holding  such  election  shall  be  paid  by  the  municipality 
initiating  such  proceedings,  from  moneys  received  as  herein  provided. 
Each  municipality  contributing  money  as  herein  provided,  shall  be 
entitled  to  credit  with  the  district  for  the  amount  of  its  contribution. 
The  ballot  used  at  such  election  shall  contain  the  words  "Proposition  to 
organize  a  public  utility  district,"  or  words  of  similar  purport,  and  the 
words  "Yes"  and  "No"  so  placed  that  a  voter  may  indicate  his  wish  in 
this  connection  as  either  in  favor  of  or  against  said  proposition.  Such 
ballots  shall  be  counted  and  returns  thereof  made  by  the  boards  selected 
to  conduct  such  election  in  the  time,  form  and  manner  as  required  by 
law  for  the  holding  of  special  elections  within  the  municipalities  and 
counties  respectively  in  which  held,  and  shall  be  canvassed  and  the 
result  thereof  declared  and  determined  by  the  board  or  officers  charged 
with  such  duties  within  the  municipalities  and  counties  respectively 
holding  the  elections. 

Certificate  of  results. 

§  8.  Within  ten  days  after  the  canvass  of  votes  cast  at  such  election, 
the  board  or  officers  canvassing  the  same  shall  certify  the  result  thereof 
to  the  legislative  body  of  the  municipality  initiating  the  procejedings. 

Certificate  to  secretary  of  state. 

§  9.  Within  thirty  days  after  the  receipt  of  the  certificates  showing 
the  result  of  the  election  held  in  the  several  municipalities  and  in  unin- 
corporated territory,  if  it  appears  therefrom  that  the  proposition  sub- 
mitted has  been  approved  by  a  majority  of  the  votes  cast  thereon  in 
each  municipality  wherein  such  election  is  held,  and  in  the  unincor- 
porated territory  in  each  county  wherein  such  an  election  is  held,  the 
legislative  body  of  the  municipality  receiving  such  certificates  shall  cer- 
tify to  the  secretary  of  state  the  passage  of  the  ordinance  provided  for 
in  section  2   hereof,  its  subsequent  approval  by   the   several  municipali- 


Act  2887a,  §§  10-12  general  laws.  -  1802 

ties  and  boards  of  supervisors  approving  the  same  in  the  manner  afore- 
said, and  the  result  of  the  election  held  as  herein  provided. 

Secretary  of  state  to  issue  certificate  of  organization. 

§  10.  Upon  the  receipt  of  the  certificate  mentioned  in  the  foregoing 
section,  the  secretary  of  state  shall,  within  ten  days,  issue  his  certificate 
reciting  that  the  public  utility  district  (naming  it)  has  been  duly  in- 
corporated  according  to  the   laws   of   the   state   of   California,   and   that 

such  district  is  composed  of  the  municipalities  of  (naming  all  the 

municipalities  which  have  approved  at  the  election  such  organization), 
and  of  unincorporated  territory  (describing  the  same).  A  copy  of  such 
certificate  shall  be  transmitted  to  each  of  the  municipalities  comprising 
such  district  and  to  the  board  or  boards  of  supervisors  of  the  county  or 
counties,  unincorporated  territory  of  which  is  included  in  such  district. 
From  and  after  the  date  of  such  certificate,  the  district  named  therein 
shall  be  deemed  incorporated  as  a  public  utility  district  with  all  the 
rights,  privileges  and  powers  set  forth  in  this  act  and  reasonably  or 
necessarily  incident  thereto. 

Informality  not  to  invalidate. 

§  11.  No  informality  in  any  proceedings,  or  informality  in  the  con- 
duct of  any  election,  not  substantially  affecting  adversely  the  legal 
rights  of  any  citizen  shall  be  held  to  invalidate  the  incorporation  of 
any  public  utility  district  and  any  proceedings  wherein  the  validity  of 
such  incorporation  is  denied  or  questioned  shall  be  commenced  within 
three  months  from  the  date  of  the  certificate  of  incorporation,  otherwise 
said  incorporation  and  the  legal  existence  of  said  public  utility  district 
and  all  proceedings  in  respect  thereto,  shall  be  held  to  be  valid  and  in 
every  respect  legal  and  incontestible. 

Powers  of  district. 

§  12.  Any  public  utility  district  incorporated  as  herein  provided,  shall 
have  power: 

1.  To  have  perpetual  succession. 

2.  To  sue  and  be  sued  except  as  otherwise  provided  herein,  or  by  law, 
in  all  actions  and  proceedings  in  all  courts  and  tribunals  of  competent 
jurisdiction. 

3.  To  adopt  a  seal  and  alter  it  at  pleasure. 

4.  To  take  by  grant,  purchase,  gift,  devise  or  lease,  hold,  enjoy  and 
to  lease  or  dispose  of  real  and  personal  propertj*  of  every  kind  within 
or  without  the  district  necessary  to  the  full  or  convenient  exercise  of 
its  powers. 

.5.  To  acquire,  construct,  own,  operate,  control  or  use  within  or  with- 
out, or  partly  within  and  partly  without  the  district,  works  for  supply- 
ing the  inhabitants  of  said  district  with  light,  water,  power,  heat,  trans- 
portation, telephone  service  or  other  means  of  communication,  or  for 
the    disposition    of   garbage,   sewage,   storm   water   or   refuse    matter,   or 


1803  PUBLIC  UTILITIES.  Act  2887a,  §  13 

parks,  and  do  all  things  necessary  or  convenient  to  the  full  exercise  of 
the  powers  herein  granted. 

6.  To  have  and  exercise  the  right  of  eminent  domain  and  in  the  man- 
ner provided  by  law  for  the  condemnation  of  private  property  for  public 
use,  to  take  any  property  necessary  or  convenient  to  the  exercise  of  the 
powers  herein  granted,  whether  such  property  be  already  devoted  to  the 
same  use  or  otherwise.  In  proceedings  relative  to  the  exercise  of  such 
right  the  district  shall  have  the  same  rights,  powers  and  privileges  as  a 
municipal  corporation. 

7.  To  construct  works  across  or  along  any  street  or  public  highway, 
or  over  any  of  the  lands  which  are  now  or  may  be  the  property  of  this 
state,  and  to  have  the  same  rights  and  privileges  appertaining  thereto 
as  have  been  or  may  be  granted  to  the  municipalities  within  the  state. 
To  construct  its  works  across  any  stream  of  water  or  watercourse.  The 
district  shall  restore  any  such  street  or  highway  to  its  former  state  as 
near  as  may  be  and  shall  not  use  the  same  in  a  manner  to  unnecessarily 
impair  its  usefulness. 

8.  To  borrow  money  and  incur  indebtedness  and  to  issue  bonds  or  other 
evidences  of  such  indebtedness;  also  to  refund  or  retire  any  indebted- 
ness or  lien  that  may  exist  against  the  district  or  property  thereof; 
provided,  however,  the  incurring  of  any  indebtedness  or  liability  shall 
be  subject  to  the  provisions  of  section  18,  of  article  11  of  the  constitu- 
tion; and  provided,  further,  no  district  shall  incur  any  indebtedness 
which  shall  in  the  aggregate  exceed  fifteen  (1.5)  per  cent  of  the  assessed 
value  of  all  real  and  personal  property  included  within  the  district. 

9.  To  levy  and  collect,  or  to  cause  to  be  levied  and  collected,  taxes 
for  the  purpose  of  carrying  on  the  operations  and  paying  the  obligations 
of  the  district. 

10.  To  make  contracts,  to  employ  labor  and  to  do  all  acts  necessary 
or  convenient  for  the  full  exercise  of  the  powers  herein  in  this  act 
granted. 

Board  of  directors.     Members,     Additional  directors. 

§  13.  The  powers  herein  enumerated  shall,  except  as  herein  otherwise 
provided,  be  exercised  by  a  board  to  be  known  as  the  board  of  directors 
of  the  named  public  utility  district.  Such  board  shall  be  composed  as 
follows: 

1.  The  mayor,  or  if  there  be  no  mayor  then  the  president  or  chairman 
of  the  board  of  trustees  or  other  governing  body,  of  each  municipality 
comprising  the  district,  and  the  chairman  of  the  board  of  supervisors 
of  the  county,  unincorporated  territory  of  which  is  included  within  the 
district,  shall  be  ex  officio  a  member  of  said  board. 

2.  Each  municipality  having  at  least  five  thousand  legal  and  regis- 
tered voters  shall  choose  by  and  from  the  members  of  its  legislative 
body,  one  additional  director  and  each  municipality  for  each  and  every 
ten 'thousand  legal  and  registered  voters  over  five  thousand,  shall  choose 
by  and  from  the  members  of  its  legislative  body  one  additional  director, 


Act  2887a,  §§  14^16  general  laws.  180J: 

all  of  whom  shall  serve  during  the  pleasure  of  the  body  making  the 
appointment;  provided,  that  if  any  such  member  does  not  desire. to  serve 
as  such  director,  said  legislative  body  may  choose  anj'  other  person  who 
is  an  elector  and  resident  of  such  municipality;  and  provided,  further, 
that  if  the  number  of  the  members  of  any  such  legislative  body  be  less 
than  the  number  of  directors  such  municipality  may  be  entitled  to,  then 
such  legislative  body  may  choose  directors  from  the  qualified  electors  of 
the  municipality.  When  the  unincorporated  territory  of  any  county 
included  within  the  district  shall  have  at  least  five  thousand  legal  and 
registered  voters  the  board  of  supervisors  of  such  county  shall  choose 
by  and  from  the  members  thereof  one  additional  director,  and  for  each 
and  every  ten  thousand  legal  and  registered  voters  over  five  thousand 
shall  choose  by  and  from  its  members  one  additional  director,  all  of 
whom  shall  serve  during  the  pleasure  of  the  body  making  the  appoint- 
ment; provided,  that  if  any  such  member  does  not  desire  to  serve  as 
such  director  said  body  may  choose  any  other  person  who  is  an  elector 
and  resident  of  such  unincorporated  territory  included  within  such  dis- 
trict. The  number  of  legal  and  registered  voters  in  each  municipality 
on  the  first  day  of  November,  1912,  and  every  two  years  thereafter, 
shall  be  taken  as  the  basis  for  determining  the  representation  of  such 
municipality  in  the  board  of  directors.  The  same  shall  hold  true  in  de- 
termining the  representation  of  unincorporated  territory  in  such  board 
of  directors. 

First  meeting. 

§  14.  The  legislative  body  of  the  municipality  initiating  the  proceed- 
ings for  incorporating  the  district  shall  fix  a  time  and  place  for  the  first 
meeting  of  the  board  of  directors,  which  shall  be  within  thirty  days  from 
the  date  of  the  incorporation  of  the  district. 

Commissioners  of  district      Powers. 

§  15.  At  such  meeting  of  the  directors  or  at  such  time  to  which  the 
proceedings  may  be  continued,  the  board  of  directors  shall  choose  three 
commissioners  who  shall  constitute  the  commissioners  of  the  named 
public  utility  district,  but  no  director  shall  be  eligible  to  appointment 
to  such  commission.  The  said  commissioners  shall  have  the  power  to 
make  and  enter  into  all  contracts,  appoint  a  secretary,  who  may  be  a 
member  of  the  commission,  and  such  other  assistants  and  employees  as 
may  be  necessary  for  the  exercise  of  the  powers  of  the  district,  to  fix 
their  compensation,  prescribe  their  duties  and  remove  any  appointee  at 
pleasure,  and  to  generally  manage  its  affairs,  subject  to  such  restrictions 
as  the  board  of  directors  may  impose.  The  commissioners  shall  receive 
such  compensation  as  the  board  of  directors  shall  determine  and  shall 
serve  during  its  pleasure. 

President,  secretary  and  expenses  of  board. 

§  16.  The  board  shall  elect  one  of  its  number  president,  adopt  rules 
of  procedure  and  fix  a  time  and  place  for  holding  regular  meetings.     The 


1805  PUBLIC  UTILITIES.  Act  2887a,  §§  17-19 

secretary  of  the  commission  shall  act  as  secretary  of  the  board  of  direc- 
tors. The  directors  shall  receive  for  each  day's  attendance  at  the 
meetings  of  the  board  their  necessary  expenses  of  attending  the  meeting 
and  shall  receive  no  other  compensation. 

President,  auditor,  etc.,  of  commissioners.     Depositaries  of  funds. 

§  17.  The  commissioners  shall  elect  one  of  its  members  president, 
who  shall  sign  all  contracts  on  behalf  of  the  district  and  perform  such 
other  duties  as  may  be  imposed  by  the  commissioners  or  the  board  of 
directors.  They  shall  appoint  an  auditor,  who  shall  not  be  a  member 
of  the  board  of  directors,  and  who  shall  be  charged  with  the  duty  of 
installing  and  maintaining  a  system  of  auditing  and  accounting  that 
shall  completely  and  at  all  times  show  the  financial  condition  of  the  dis- 
trict. He  shall  draw  warrants  to  pay  demands  made  against  the  dis- 
trict when  such  demands  have  been  first  approved  by  at  least  two  of 
the  commissioners.  The  commissioners  shall  also  designate  a  depositary 
or  depositaries  to  have  the  custody  of  the  funds  of  the  district,  all  of 
which  depositaries  shall  give  security  sufficient  to  secure  the  district 
against  possible  loss,  and  who  shall  pay  the  warrants  drawn  by  the 
auditor  for  demands  against  the  district  under  such  rules  as  the  directors 
may  prescribe. 

Bonds. 

§  18.  Whenever  the  board  of  directors  deem  it  necessary  for  the  dis- 
trict to  in^cur  a  bonded  indebtedness  it  shall,  by  resolution,  so  declare 
and  state  the  purpose  for  which  the  proposed  debt  is  to  be  incurred 
and  the  amount  thereof,  and  it  shall  direct  the  commissioners  to  take, 
or  cause  to  be  taken,  such  proceedings  as  may  be  necessary  to  incur  such 
debt  and  in  the  manner  herein  provided. 

Resolution     as     to     bonds.     Election,    .Notice.    Ptiblication.     Expenses. 

Canvass. 
§  19.  The  commissioners  shall  adopt  a  resolution  reciting  the  adop- 
tion of  the  resolution  mentioned  in  the  foregoing  section,  state  the  prop- 
osition to  be  submitted  to  the  electors,  the  amount  of  debt  proposed  to 
be  incurred,  the  maximum  term  the  bonds  proposed  to  be  issued  shall 
nm  before  maturity,  which  shall  not  exceed  forty  years,  and  the  maxi- 
mum rate  of  interest  to  be  paid,  which  shall  not  exceed  six  per  cent  per 
annum.  They  shall  fix  a  date  upon  which  an  election  shall  be  held  for 
the  purpose  of  authorizing  said  bonded  indebtedness  to  be  incurred,  and 
shall  transmit  a  certified  copy  of  the  resolution  fixing  such  date  to  the 
officers  or  board  having  charge  of  the  conduct  of  elections  of  each 
municipality  comprising  the  district  and  to  the  board  of  supervisors  of 
anv  county,  unincorporated  territory  of  which  is  included  within  the 
district.  It  shall  be  the  duty  of  such  board  or  officers  in  each  munici- 
pality and  in  each  county,  to  provide  for  holding  such  special  election 
on  the  day  so  fixed  and  in  the  manner  and  form  as  special  elections  are 
held    and    conducted    within    the    municipality    and   county    respectively. 


Act  2887a,  §§20-22  general  laws.  1806 

Such  board  or  officers  shall  give  notice  of  the  holding  of  such  election, 
which  notice  shall  contain  the  resolution  adopted  by  the  commissioners 
of  the  public  utility  district,  the  location  of  polling  places  and  the  names 
of  the  officers  selected  to  conduct  the  election,  which  shall  consist  of 
one  judge,  one  inspector  and  two  clerks.  Such  notice  shall  be  published 
for  two  insertions,  once  a  week,  for  two  successive  weeks,  in  a  newspaper 
of  general  circulation  published  in  each  municipality,  or  if  there  is  no 
newspaper  printed  in  such  municipality  then  by  posting  such  notice  in 
three  public  places  therein.  The  board  of  supervisors  shall  also  cause 
such  notice  to  be  published  in  a  like  manner  in  a  pa])er  in  which  the 
official  printing  is  done.  All  the  expenses  of  holding  such  election  shall 
be  borne  by  the  district  and  shall  be  paid  or  credited  to  each  city  and 
county  upon  the  filing  of  a  verified  claim  therefor,  with  the  secretary  of 
the  commission.  The  returns  of  such  election  shall  be  made,  the  votes 
canvassed  and  the  results  thereof  ascertained  and  declared  as  in  the 
case  of  other  special  elections  within  such  municipalities  and  counties 
respectively.  The  board  or  officers  declaring  the  result  of  such  election 
shall  certify  such  result  to  the  commissioners  of  the  district.  No  irregu- 
larities or  informalities  in  conducting  such  election  shall  invalidate  the 
same  if  the  election  shall  have  otherwise  been  fairly  conducted.  In  all 
respects  not  otherwise  provided  for  herein,  said  election  shall  be  called, 
managed  and  directed  as  is  by  law  provided  for  special  elections  in  the 
municipality  and  county  respectively  in  which  such  election  is  to 
be  held. 

Two-thirds  vote  necessary.     Sold  at  par. 

§  20.  If  from  such  returns  it  appears  that  two-thirds  or  more  of  the 
votes  cast  at  such  election  were  in  favor  of  and  assented  to  the  incurring 
of  such  indebtedness,  then  the  commissioners  may,  by  resolution,  at  such 
time  or  times  as  they  may  deem  proper,  provide  for  the  form  of  such 
bonds  and  for  the  issuance  of  the  whole  or  any  part  thereof,  and  may 
sell  or  disfiose  of  the  bonds  so  issued  at  such  times  or  in  such  manner 
as  they  may  deem  to  the  public  interest,  but  no  bonds  shall  be  sold  for 
less  than  their  par  value.  The  proceeds  of  such  bonds  shall  be  applied 
exclusively  to  the  purposes  and  objects  mentioned  in  the  resolution  of 
tlie  commissioners  calling  the  election.  It  shall  be  competent  for  the 
commissioners  in  the  resolution  herein  provided  for,  to  provide  for  the 
payment  of  said  bonds  and  interest  thereon  at  any  place  or  places  desig- 
nated in  the  bonds. 

Bonds  exempt  from  taxation. 

§  21.  Any  bonds  issued  by  any  district  are  hereby  given  the  same 
force,  value  and  use  as  bonds  issued  by  anj-  municipality  and  shall  be 
exempt  from  all  taxation  within  the  state  of  California. 

Action  to   determine  validity.     Jurisdiction.     Appeal.     Consolidation   of 
actions.     Rules  of  pleading.     Costs. 
§  22.     The  board  of  directors  may  at  any  time  within  sixty  days  from 
the  date   of  the  resolution   provided  for  by  section   20  hereof,  cause  to 


1807  PUBLIC  UTILITIES.  Act  2887a,  §  23 

be  brought  in  the  name  of  the  district  an  action  in  the  superior  court 
of  the  county  in  which  said  district  or  the  greater  portion  thereof  is 
located,  to  determine  the  validity  of  any  such  bonds.  Such  action  shall 
be  in  the  nature  of  a  proceeding  in  rem,  and  jurisdiction  of  all  parties 
interested  may  be  had  by  publication  of  summons  for  at  least  once  a 
week  for  three  weeks  in  some  paper  of  general  circulation  published  in 
the  county  where  the  action  is  pending,  such  paper  to  be  designated  by 
the  court  having  jurisdiction  of  the  proceedings.  Jurisdiction  shall  be 
complete  within  ten  days  after  the  full  publication  of  such  summons  in 
the  manner  herein  provided.  Anyone  interested  may  at  any  time  before 
the  expiration  of  said  ten  days  appear  and  by  proper  proceedings  con- 
test the  validity  of  such  bonds.  Such  action  shall  be  speedily  tried  and 
judgment  rendered  declaring  such  bonds  to  be  valid  or  invalid.  Either 
party  may  have  the  right  to  appeal  to  the  supreme  court  at  any  time 
within  thirty  days  after  the  rendition  of  such  judgment,  which  appeal 
must  be  heard  and  determined  within  three  months  from  the  time  of 
taking  such  appeal.  After  the  expiration  of  ninety  days  from  the  date 
of  the  resolution  provided  for  by  section  20  hereof  no  action  may  be 
brought  to  contest  or  question  the  validity  of  said  bonds  and  proceed- 
ings thereto.  If  there  be  more  than  one  action  or  proceeding  involving 
the  validity  of  any  such  bonds,  they  shall  be  consolidated  and  tried 
together.  The  court  hearing  any  proceeding  or  action  inquiring  into 
the  regularity,  legality  or  correctness  of  the  proceedings  leading  up  to 
the  issuance  of  bonds  or  the  validity  of  such  bonds  must  disregard  any 
error,  irregularity,  or  omission  which  does  not  affect  the  substantial 
rights  of  the  parties  to  said  action  or  proceeding.  The  rules  of  pleading 
and  practice  provided  by  the  Code  of  Civil  Procedure,  which  are  not 
inconsistent  with  the  provisions  of  this  act,  are  applicable  to  all  actions 
or  proceedings  herein  provided  for.  The  motion  for  a  new  trial  of  any 
such  action  or  proceeding  must  be  heard  and  determined  within  ten  days 
from  the  filing  of  the  notice  of  intention.  The  costs  on  any  proceeding 
or  action  herein  provided  for  may  be  allowed  and  apportioned  between 
the  parties,  or  taxed  to  the  losing  party,  in  the  discretion  of  the  court. 

Revenue  producing  utilities.     Contracts  with  cities. 

§  23.  For  the  purposes  of  this  act,  the  works  authorized  to  be  ac- 
quired, owned  or  operated  by  the  district  (except  parks  and  works  for 
the  disposition  of  storm  waters)  are  declared  to  be  revenue  producing 
utilities.  So  far  as  possible  the  commissioners  shall  fix  such  charges  for 
commodities  or  service  furnished  by  any  revenue  producing  utility  aa 
will  pay  the  operating  expenses  of  the  utility,  the  interest  on  any  bonded 
debt  incurred  for  the  acquisition  or  construction  thereof  and  provide 
a  sinking  or  other  appropriate  fund  for  the  payment  of  the  principal  of 
such  debt  as  it  may  become  due;  it  being  the  intention  of  this  section 
that  the  district  pay  the  interest  and  principal  of  its  bonded  debt  in- 
curred for  the  acquisition  of  any  revenue  producing  utility  from  the 
revenues  derived  bv  the   district  from   such   utility.     The   commissioners 


Act  2887a,  §§24-26  general  laws.  1808 

so  far  as  the  nature  of  the  utility  will  permit,  shall,  before  any  bonded 
indebtedness  is  incurred  for  the  construction  or  acquisition  of  any 
revenue  producing  utility,  enter  into  appropriate  contracts  with  the 
respective  municipalities  proposed  to  be  served  by  such  utility  providing 
for  the  use  thereof  by  the  respective  municipalities  during  the  life  of 
the  bonds  proposed  to  be  issued.  The  district  and  the  municipalities 
included  therein  are  hereby  expressly  authorized  to  enter  into  such  con- 
tracts. 

Cities  may  advance  funds. 

§  24.  At  any  time  after  the  initiation  of  proceedings  for  the  organi- 
zation of  a  public  utility  district,  or  at  any  time  after  the  organization 
of  such  a  district,  an}'  municipality  j)roposed  to  be  included  within  the 
said  district,  or  included  therein,  may  advance  to  the  municipality 
initiating  proceedings,  or  to  the  district,  funds  to  meet  the  expenses  of 
organization  or  the  expenses  of  carrying  on  the  work  of  the  district  as 
the  case  may  be,  and  if  the  district  is  formed  and  its  purposes  carried 
out  any  such  municipality  so  advancing  funds  shall  be  entitled  to  credit 
with  the  district  for  the  amounts  so  advanced. 

Tax,  when  revenues  are  insuflficient. 

§  25.  If  from  any  cause  the  revenues  of  the  district  shall  be  inade- 
quate to  pay  the  principal  or  interest  on  any  bonded  debt  as  it  becomes 
due,  or  if  funds  are  needed  to  carry  out  the  objects  and  purposes  of  the 
district,  then  the  board  of  directors  may  cause  a  tax  to  be  levied  for 
such  purposes  as  herein  provided.  The  board  shall  state  the  purposes 
for  which  such  taxes  are  necessary. 

Rate  fixed.     Duty  of  county  oflacers.     Compensation  for  collecting. 

§  26.  The  board  of  directors  shall  determine  the  amount  necessary 
to  be  raised  by  taxation  and  shall  fix  a  rate  of  tax  to  be  levied  which 
will  raise  the  amount  of  money  required  by  the  district.  The  commis- 
sioners shall  thereupon,  and  within  a  reasonable  time  previous  to  the 
time  for  the  fixing  of  the  tax  rate  of  the  county  or  counties  in  which 
said  district  is  located,  certify  to  the  board  or  boards  of  supervisors  the 
rate  so  fixed  with  a  direction  that  at  the  time  and  in  the  manner  re- 
quired by  law  for  the  levying  of  taxes  for  count}'  purposes,  such  board 
or  boards  of  supervisors  shall  levy  and  collect  a  tax  in  addition  to  such 
other  tax  as  may  be  levied  by  such  board  or  boards  of  supervisors  at 
the  rate  so  fixed  and  determined,  and  it  is  made  the  duty  of  the  officer 
or  body  having  authority  to  levy  taxes  within  each  county  to  levy  the 
tax  so  required.  And  it  shall  be  the  duty  of  all  county  officers  charged 
with  the  duty  of  collecting  taxes,  to  collect  such  tax  in  time,  form  and 
manner,  as  ■county  taxes  are  collected  and  when  collected,  to  pay  the 
same  to  the  district  ordering  its  levy  and  collection.  Such  tax  shall  be 
a  lien  on  all  property  within  the  territory  comprising  the  district  and 
of  the  same  force  and  effect  as  other  liens  for  taxes,  and  its  collection 


1809  PUBLIC  UTILITIES.        Act  2887a,  §§  27, 23 

may  be  enforced  by  the  same  means  as  provided  for  the  enforcement  of 
liens  for  state  and  county  taxes.  Any  county  collecting  taxes  as  herein 
provided  shall  be  entitled  to  not  to  exceed  one-half  of  one  per  cent  of 
the  amount  collected  as   compensation  therefor. 

Works  exempt  from  taxation. 

§  27.     The   works   and   property  of  the   district   shall  be   exempt  from 
taxation    for   state,    county    or   municipal   purposes. 

Recall  of  commissioners.     Signatures.     Afiidavlt.     Directors  may  remove 
commissioner.     Election.     Grounds   for  recall.     Ballot. 

§  28.  Any  commissioner  may  be  recalled  by  the  electors  of  the  dis- 
trict at  any  time  after  he  has  held  office  for  six  months,  in  the  manner 
lierein  provided.  A  petition  demanding  the  appointment  of  a  successor 
to  the  commissioner  sought  to  be  recalled  shall  be  filed  with  the  board 
of  directors,  which  petition  shall  be  signed  by  qualified  voters  equal  in 
number  to  at  least  fifteen  per  cent  of  the  entire  vote  cast  within  the  dis- 
trict for  all  candidates  for  the  office  of  governor  of  the  state  at  the  last 
preceding  election  at  which  a  governor  was  chosen,  and  shall  contain  a 
statement  of  the  grounds  on  which  the  recall  is  sought.  No  insufficiency 
of  form  or  substance  in  such  statement  shall  affect  the  validity  of  the 
election  or  proceedings  held  thereunder.  Signatures  to  the  petition  need 
not  all  be  appended  to  one  paper.  Each  signer  shall  add  to  his  signa- 
ture his  occupation  and  place  of  residence,  giving  street  and  number, 
or' if  no  street  or  number  exists,  then  such  a  designation  of  his  residence 
as  will  enable  the  locality  to  be  readily  ascertained.  To  each  separate 
paper  of  such  petition  shall  be  attached  an  affidavit  made  by  a  qualified 
elector  of  the  district  stating  that  the  affiant  circulated  that  particular 
pajper  and  saw  written  the  signatures  appended  thereto  and  that,  accord- 
ing to  the  information  and  belief  of  the  affiant  each  of  said  signatures 
is  genuine  and  the  signature  of  a  qualified  elector  of  the  district.  Within 
twenty  days  from  the  date  of  the  filing  of  such  petition  the  board  of 
directors  shall  remove  the  commissioner  whose  recall  is  sought,  or  shall 
direct  its  secretary  to  determine  from  the  records  of  registration  whether 
or  not  said  petition  is  signed  by  the  requisite  number  of  qualified  voters. 
If  such  direction  is  made  the  secretary  shall,  within  fifteen  days  from 
the  date  of  such  direction,  determine  the  sufficiency  of  said  petition  and 
attach  thereto  his  certificate  showing  whether  or  not  said  petition  is 
sufficient.  If  the  petition  shall  be  found  to  be  sufficient  the  board  of 
directors  shall  cause  a  special  election  to  be  held  not  less  than  thirty- 
five  nor  more  than  sixty  days  after  the  date  of  such  certificate,  to  deter- 
mine whether  the  voters  shall  recall  such  officer.  Such  election  shall  be 
called,  held,  and  the  result  thereof  determined  in  the  manner  provided 
by  law  for  the  holding  of  special  elections  in  the  county  in  which  said 
district  or  the  largest  portion  thereof  is  included.  One  petition  is  suffi- 
cient to  propose  the  recall  of  one  or  more  of  the  commissioners.  Upon 
the  sample  ballot  shall  be  printed  in  not  more  than  two  hundred  words, 
114 


Act  2887a,  §§29-31  general  laws.  1810 

the  grounds  set  forth  in  the  recall  petition  for  demanding  the  recall 
of  the  officer,  and  upon  such  ballot  in  not  more  than  two  hundred  words 
the  officer  may  justify  himself.  There  shall  be  printed  on  the  recall 
ballot  as  to  every  officer  whose  recall  is  to  be  voted  on,  the  following 
question:  "Sliall  (name  of  person  against  whom  the  recall  petition  is 
filed)  be  recalled  from  the  office  of  (title  of  office)?"  following  which 
shall  be  the  words  "Yes"  and  "No"  on  separate  lines  with  a  blank  space 
at  the  right  of  each  in  which  the  voters  shall,  by  stamping  a  cross  (X), 
indicate  his  vote  for  or  against  such  recall.  If  a  majority  of  those  vot- 
ing on  said  question  of  the  recall  of  any  incumbent  shall  vote  "No,"  said 
incumbent  shall  continue  in  said  office.  If  a  majority  vote  "Yes,"  said 
incumbent  shall  thereupon  be  deemed  removed  from  such  office  upon  the 
qualification  of  his  successor.  No  commissioner  who  has  been  removed 
by  the  board  of  directors  upon  the  recall  petition  being  filed  with  such 
board,  or  who  has  been  recalled,  shall  again  be  eligible  to  appointment 
as  a  commissioner. 

Action  only  after  claim  is  rejected. 

§  29.  No  suit  shall  be  brought  against  the  district  on  any  claim  for 
money  or  damages  until  a  claim  or  demand  therefor,  setting  forth  with 
reasonable  certainty  the  nature  and  various  items  of  the  claim  or  demand 
and  verified  by  the  claimant,  or  his  authorized  agent,  has  been  presented 
to  the  commissioners  and  rejected  in  whole  or  in  part. 

Definitions. 

§  30.  The  term  "municipality"  as  herein  used  shall  be  deemed,  and 
is  hereby  declared  to  include  any  city  and  county  or  incorporated  city 
or  town.  The  word  "district"  as  herein  used,  shall  be  deemed,  and  is 
hereby  declared  to  mean  a  public  utility  district  formed  under  the  pro- 
visions of  this  act.  The  word  "board"  and  the  expression  "board  of 
directors,"  as  herein  used,  shall  be  deemed,  and  are  hereby  declared  to 
mean  the  board  of  directors  of  a  public  utility  district.  The  word  "com- 
missioners" as  herein  used  shall  be  deemed,  and  is  hereby  declared  to 
moan  the  commissioners  of  a  public  utility  district  formed  under  the 
provisions  of  this  act,  and  the  commissioners  shall  be  regarded  as  a 
board  of  commissioners.  The  expression  '"unincorporated  territory"  as 
herein  used  shall  be  deemed,  and  is  herebj'  declared  to  mean  territory 
not  included  within  the  corporate  limits  of  any  municipality. 

How  construed. 

§  31.  This  act  and  each  and  every  provision  thereof  shall  be  liberally 
construed  to  carry  out  the  purposes  hereof.  The  rule  of  strict  construc- 
tion is  hereby  expressly  declared  to  be  inapplicable.  The  provisions  of 
this  act  shall  be  deemed  to  be  directory  and  not  mandatory,  except 
where  it  shall  appear  that  this  construction  will  work  substantial  in- 
justice. 


1811  PUBLIC  WORKS.         Act  2895,  §  1 

Intention  of  act. 

§  32.  It  is  intended  by  this  act  to  provide  necessary  machinery  where- 
by municipalities  and  communities  may  act  jointly  in  effecting  public 
improvements  and  acquiring  and  operating  works,  the  effecting,  acquir- 
ing or  carrying  on  of  which  by  such  cities  or  communities  separately 
would  be  impracticable  or  disadvantageous  by  reason  of  the  magnitude 
of  such  improvements  or  works,  or  the  cost  thereof,  or  by  reason  of  the 
fact  that  said  improvements  or  works  are  of  common  benefit  to  a  series 
of  cities  or  communities.  It  is  not  intended  that  a  district  formed  here- 
under shall  construct  or  operate  public  improvements  or  works  of  a  local 
character. 

§  33.  This  act  shall  not  be  deemed  to  repeal  any  other  act  dealing 
with  the  same  subject  matter  or  any  portion  of  the  matters  herein 
covered. 

TITLE  405. 

PUBLIC  WORKS. 
ACT  2895. 

An  act  to  secure  the  payment  of  the  claims  of  materialmen,  mechanics, 
or  laborers,  employed  by  contractors  upon  state,  municipal,  or  other 
public  work. 

[Approved  March  27,  1897.     Stats.  1897,  p.  201.] 
Amended  1911,  Statutes  of  1911,  page   1422,  as  follows: 

Contractor  having  state,  etc.,  building  to  give  bond  to  secure  payment  for 
materials,  etc. 
§  1.  Every  contractor,  person,  company,  or  corporation,  to  whom  is 
awarded  a  contract  for  the  execution  or  performance  of  any  building, 
excavating,  or  other  mechanical  work  for  this  state,  or  by  any  county, 
city  and  county, '  city,  town,  or  district  therein,  shall,  before  entering 
upon  the  performance  of  such  work,  file  with  the  commissioners,  managers, 
trustees,  officers,  board  of  supervisors,  board  of  trustees,  common  coun- 
cil, or  other  body  by  whom  such  contract  was  awarded,  a  good  and  suffi- 
cient bond,  to  be  approved  by  such  contracting  body,  officers  or  board, 
in  a  sum  not  less  than  one-half  of  the  total  amount  payable  by  the 
terms  of  the  contract;  such  bond  shall  be  executed  by  the  contractor,  and 
at  least  two  sureties,  in  an  amount  not  less  than  the  sum  specified  in  the 
bond,  and  must  provide  that  if  the  contractor,  person,  company,  or  cor- 
poration, fails  to  pay  for  any  materials  or  supplies  furnished  for  the 
performance  of  the  work  contracted  to  be  done,  or  for  any  work  or  labor 
done  thereon  of  any  kind,  that  the  sureties  will  pay  the  same  in  an 
amount  not  exceeding  the  sum  specified  in  the  bond;  provided,  that  such 
claim  shall  be  filed  as  hereafter  required.  [Amendment  approved  May  1, 
1911;   Stats.  1911,  p.  1422.] 


Acts  2900, 2901  general  laws.  1812 

Materialmen  may  file  statement. 

§  2.  Any  materialman,  person,  company,  or  corporation,  furnishing 
materials  or  supplie*  used  in  tlie  performance  of  the  work  contracted  to 
be  executed  or  performed,  or  any  person  who  performed  work  or  labor 
upon  the  same,  or  any  person  who  supplies  both  work  and  materials,  and 
whose  claim  has  not  been  paid  by  the  contractor,  company,  or  corpora- 
tion, to  whom  the  contract  has  been  awarded,  shall,  within  ninety  days 
from  the  time  such  contract  is  completed,  file  with  the  commissioners, 
managers,  trustees,  ofiicers,  board  of  supervisors,  board  of  trustees,  com- 
mon council,  or  other  body  by  whom  such  contract  was  awarded,  a  veri- 
fied statement  of  such  claims,  together  with  a  statement  that  the  same 
has  not  been  paid.  At  any  time  within  six  months  after  the  filing  of 
such  claim,  the  person,  company  or  corporation  filing  the  same  may  com- 
mence an  action  against  the  sureties  on  the  bond,  sjjecified  and  required 
by  section  1  hereof.  [Amendment  approved  May  1,  1911;  Stats.  1911, 
p.  1423.] 

Citations.     App.   8/509. 

ACT  2900. 

Citations.      Cal.   160/433. 

ACT  2901. 

An  act  to  regulate  contracts  on  behalf  of  the  state  in  relation  to  the 
erection,  construction,  alteration,  repair  or  improvement  of  any  state 
structure,  building,  road,  or  other  state  improvement  of  any  kind 
and  to  repeal  an  act  entitled  "An  act  to  regulate  contracts  on  be- 
half of  the  state  in  relation  to  erections  and  buildings,"  approved 
March    28,    1876. 

[Approved   March   22,   1909.     Stats.   1909,   p.   656.] 
Amended  1913,  pp.   844,   854. 

The  amendments  of  1913  follow: 

State  construction  under  direction  of  engineering  department.     Plans. 

§  1.  Whenever  provision  is  made  by  law  for  the  erection,  construc- 
tion, alteration,  repair  or  improvement  of  any  state  structure,  building, 
or  other  state  improvement  of.  any  kind  excepting  improvements  on  the 
property  of  the  state  on  the  waterfront  of  the  city  and  county  of  San 
Francisco  under  the  jurisdiction  of  the  board  of  state  harbor  commis- 
sioners, the  total  cost  of  which  will  exceed  the  sum  of  one  thousand 
dollars,  the  same  shall  be  under  the  sole  charge  and  direct  control  of 
the  department  of  engineering.  Said  department,  before  entering  into 
any  contract  for  the  erection,  construction,  alteration,  repair  or  improve- 
ment of  any  state  structure,  building,  or  other  state  improvement  of 
any  kind,  shall  prepare  full,  complete  and  accurate  plans  and  specifica- 
tions and  estimates  of  cost,  giving  such  directions  for  the  same  as  will 


1813  PUBLIC  WORKS.       Act  2901,  §§  2, 3 

enable  any  competent  mechanic  or  other  builder  to  carry  them  out.  The 
plans,  specifications  and  estimates  of  cost  must  be  approved  by  the  ad- 
visory board  of  the  department  of  engineering  and  the  original  draft 
thereof  filed  permanently  in  the  office  of  the  department  of  engineering 
before  further  action  is  taken.  [Amendment  approved  June  14,  1913: 
Stats.  1913,  p.  844.] 

Letting  of  contract  after  public  notice.  Eeglster  of  prospective  bidders. 
§  2.  Said  department  of  engineering  shall  after  the  approval  and  fil- 
ing of  plans,  specifications  and  estimates  of  cost,  as  in  this  act  required, 
let  such  work  by  contract  to  the  lowest  responsible  bidder  or  bidders 
'upon  public  notice  which  shall  be  given  as  follows:  Notice  of  such  work 
must  be  published  once  a  week  for  three  consecutive  weeks  next  pre- 
ceding the  day  set  for  the  receiving  of  bids  in  two  trade  papers  of  gen- 
eral circulation  one  published  in  Los  Angeles  and  one  in  San  Francisco, 
devoted  primarily  to  the  dissemination  of  contract  and  building  news 
among  contracting  and  building  material  supply  firms;  provided,  that 
in  the  record  kept  for  that  purpose  the  state  engineer  shall  register  any- 
one desiring  to  be  so  registered  for  the  purpose  of  becoming  a  pros- 
pective bidder  upon  state  work,  which  registration  shall  be  renewed 
on  or  before  the  beginning  of  each  fiscal  year,  and  whenever  any  state 
work  is  to  be  let  by  contract  the  state  engineer  shall  cause  a  notice 
of  the  same  to  be  mailed  to  each  of  the  addresses  so  registered  at  least 
twenty-five  days  prior  to  the  date  set  for  the  receiving  of  bids.  In  each 
case  such  notice  must  state  the  time  and  place  for  the  receiving  and 
opening  of  sealed  bids  and  must  also  state  that  the  bids  will  be  re- 
quired for  the  entire  work  and  also,  when  advisable,  for  the  performance 
of  segregate  parts  of  the  entire  work,  such  segregation  to  be  determined 
by  the  department  of  engineering  and  designated  in  such  notice. 
[Amendment  approved  June  14,  1913;   Stats.  1913,  p.  854.] 

Opening  of  bids  and  awarding  of  contract.  Contracts  submitted  to  at- 
torney general.  Changes  in  plans. 
§  3.  On  the  day  named  in  said  public  notice  the  department  of  en- 
gineering shall  proceed  to  publicly  open  said  sealed  bids,  and  shall  award 
such  contract  or  contracts  to  the  lowest  responsible  bidder  or  bidders. 
All  bids  shall  be  presented  under  sealed  cover  and  shall  be  accompanied 
by  cash,  a  bidder's  bond,  or  a  certified  check  made  payable  to  the  state 
engineer,  for  an  amount  equal  to  at  least  ten  per  cent  of  the  amount  of 
said  bid  and  no  bid  shall  be  considered  unless  such  cash,  bond  or  check  is 
inclosed  therewith.  Should  the  successful  bidder  to  whom  the  contract 
is  awarded  fail  to  execute  the  same,  such  cash,  bond  or  check  shall  be  for- 
feited to  the  state  of  California  and  the  same  shall  be  the  property  of  the 
state.  All  other  cash,  bonds  and  certified  checks  shall  within  ten  days 
after  the  date  of  the  public  opening  of  said  bids,  be  returned  to  the  un- 
successful bidders  who  submitted  the  same.  Such  contract  or  contracts 
shall  not  be  binding  on  the  state  until  they  are  submitted  to  the  attorney 


Acts  2915, 2921  general  laws.  1S14 

general  and  by  him  found  to  be  in  accordance  with  the  provisions  of  this 
act,  and  his  certificate  thereon  to  that  effect.  If  in  the  opinion  of  such 
department  of  engineering  the  acceptance  of  the  lowest  responsible  bid  or 
bids  shall  not  be  for  the  best  interests  of  the  state,  it  maj-  be  lawful  for 
them  to  reject  all  bids  and  advertise  for  others  in  the  manner  aforesaid. 
But  after  the  approval  of  the  plans,  specifications  and  estimates  of  costs 
by  the  advisory  board  of  the  department  of  engineering,  if,  in  the  opin- 
ion of  such  department  of  engineering  the  acceptance  of  any  bid  or  bids 
shall  not  be  for  the  best  interest  of  the  state,  or  if  in  the  opinion  of 
such  department  of  engineering  the  acceptance  of  any  further  bids  after 
the  rejection  of  all  bids  submitted  shall  not  be  for  the  best  interests  of, 
the  state,  it  may  be  legal  for  them  to  direct  that  the  erection,  construc- 
tion, alteration,  repair,  or  improvement  of  any  state  structure,  building, 
or  other  state  improvement  of  any  kind,  except  as  provided  in  section 
1  of  this  act,  shall  be  done  by  day's  labor,  under  the  direction  and 
control  of  the  department  of  engineering.  Upon  the  approval  of  the  ad- 
visory board,  the  state  engineer  may,  when  proceeding  upon  the  basis 
of  day's  labor,  let  any  subdivision  of  said  work  by  contract  upon  in- 
formal bids,  provided  no  such  contract  shall  be  entered  into  for  a  sum 
in  excess  of  the  lowest  responsible  bid  received  and  rejected  for  such 
portion  of  said  work.  All  contracts  shall  provide  that  such  department 
of  engineering  may,  as  hereinafter  provided,  and  on  the  conditions  stated, 
make  any  change  in  the  plans  and  specifications.  Certified  copies  of  such 
contracts  shall  be  filed  with  the  controller  and  the  board  of  examiners. 
[Amendment  approved  June  14,  1913;  Stats.  1913,  p,  844.] 

TITLE  408, 

KAILROADS. 
ACT  2915. 

Citations.      Cal.   157/367;    161/33. 

ACT  2921. 

An  act  providing  for  the  organization  of  the  railroad  commission  of  the 
state  of  California,  defining  its  powers  and  duties  and  the  powers 
and  duties  of  transportation  companies,  their  officers  and  employees, 
and  defining  offenses  by  transportation  companies,  their  officers,  em- 
ployees and  other  persons,  and  providing  penalties  therefor;  and 
repealing  an  act  entitled  "An  act  to  create  the  office  of  commissioner 
of  transportation,  and  to  define  its  powers  and  duties;  to  fix  the 
maximum  charges  for  transiiorting  passengers  and  freight  on  certain 
railroads,  and  to  prevent  extortion  and  unjust  discrimination  there 
in,"  ai)i)rove(l  April  1,  1S7S,  and  also  repealing  an  act  entitled  "An 
act  to  organize  and  define  the  powers  of  the  board  of  railroad  com- 
missioners," approved  April  15,  1880.  [Approved  March  19,  1909. 
Stats.  1909,  p.  499.] 
Repealed   1911,  p.  13. 


1815  RAILROADS.  Acts  2921a-2931a 

ACT  2921a. 

An  act  to  provide  for  the  organization  of  the  railroad  commission,  to 
define  its  powers  and  duties  and  tlie  powers  and  duties  of  railroad 
and  other  transportation  companies,  their  officers,  agents  and  em- 
ployees, and  the  rights,  duties  and  remedies  of  shippers  and  to 
define  offenses  by  shippers  and  railroad  and  other  transportation 
companies,  their  officers,  agents  and  emploj-ees  and  other  persons, 
and  providing  penalties  for  such  offenses,  and  making  an  appropria- 
tion for  the  purpose  of  carrying  out  the  provisions  of  this  act,  and 
also  repealing  an  act  entitled  ''An  act  providing  for  the  organization 
of  the  railroad  commission  of  the  state  of  California,  defining  its 
powers  and  duties  and  the  powers  and  duties  of  transportation  com- 
panies, their  officers  and  employees,  and  defining  offenses  by  trans- 
portation companies,  their  officers,  employees  and  other  persons, 
and  providing  penalties  therefor;  and  repealing  an  act  entitled 
'An  act  to  create  the  office  of  commissioner  of  transportation,  and 
to  define  its  powers  and  duties;  to  fix  the  maximum  charges  for 
transporting  passengers  and  freight  on  certain  railroads,  and  to 
prevent  extortion  and  unjust  discrimination  therein/  approved  April 
1,  1878,  and  also  repealing  an  act  entitled  'An  act  to  organize  and 
define  the  powers  of  the  board  of  railroad  commissioners,'  approved 
April  15,  1880,"  approved  March  20,  1909;  also  repealing  an  act  enti- 
tled 'An  act  requiring  persons,  corporations,  receivers  or  trustees 
operating  lines  of  railway  to  furnish  cars  for  shipment  of  freight 
upon  written  application  from  shippers  of  freight  and  providing  a 
penalty  and  damages  to  be  paid  by  such  persons,  corporations,  re- 
ceivers or  trustees  to  shippers  for  failure  to  do  so  and  providing 
a  penalty  and  damages  to  be  paid  to  persons,  corporations,  receivers 
or  trustees  operating  such  railway  lines  by  the  applicant  or  shipper 
for  failure  to  load  or  unload  cars  so  furnished,"  approved  April  20, 
1909;  also  repealing  all  acts  or  parts  of  acts  inconsistent  with  the 
provisions  of  this  act.  [Approved  February  10,  1911;  Stats.  1911, 
p.  13.] 

Amended    1911,   p.    701. 

Repealed   December   23,    1911    (Stats.    Ex.    Sess.   1911,   p.    64).      See   Act   2886, 
§  87,   ante. 

ACT  2925. 

CiUtions.      Cal.   163/713. 

ACT  2931a. 

An  act  to  provide  for  the  conditional  sale  of  railroad  and  street  railway 
equipment  or  rolling  stock,  to  regulate  the  making  and  recording  of 
contracts  therefor  and  declarations  of  the  payment  or  performance 
thereof,  and  to  authorize  their  recordation  in  the  office  of  the  sec- 
retarv  of  state. 

[Approved  June  16.  1913.     Stats.  1913,  p.  1121.] 


Act  2931a,  §§  1-3  general  laws.  1816 

Conditional  sale  of  railroad  equipment.  Contract  not  valid  against  sub- 
sequent judgment  creditor. 
§  1.  In  any  contract  for  the  sale  of  railroad  or  street  railway  equip 
ment  or  rolling  stock,  it  shall  be  lawful  to  agree  that  title  to  the  property 
sold  or  contracted  to  be  sold,  although  possession  thereof  may  be  de- 
livered immediately  or  at  any  time  or  times  subsequently,  shall  not  vest 
in  the  purchaser  until  the  purchase  price  shall  be  fully  paid,  or  that  the 
seller  shall  have  and  retain  a  lien  thereon  for  the  unpaid  purchase  money. 
And  in  any  contract  for  the  leasing  or  hiring  of  such  property,  it  shall 
be  lawful  to  stipulate  for  a  conditioned  sale  thereof  at  the  termination 
of  such  contract,  and  that  the  rentals  or  amounts  to  be  received  under 
such  contract  may,  as  paid,  be  applied  and  treated  as  purchase  money,  and 
that  the  title  to  the  property  shall  not  vest  in  the  lessee  or  bailee  until 
the  purchase  price  shall  have  been  jjaid  in  full,  and  until  the  terms  of 
the  contract  shall  have  been  fully  performed,  notwithstanding  delivery 
to  and  possession  by  such  lessee  or  bailee;  provided,  that  no  such  contract 
shall  be  valid  as  against  any  subsequent  judgment  creditor  or  any  sub- 
sequent bona  fide  purchaser  for  value  and  without  notice,  unless  (1)  the 
same  shall  be  evidenced  by  an  instrument  executed  by  the  parties  and 
duly  acknowledged  by  the  vendee,  lessee,  or  bailee,  as  the  case  may  be, 
or  duly  proved  before  some  person  authorized  by  law  to  take  acknowl- 
edgments of  deeds,  and  in  the  same  manner  as  deeds  are  acknowledged 
or  proved;  (2)  such  instrument  shall  be  filed  for  record  in  the  office  of  the 
secretary  of  state  of  this  state;  (3)  each  car  or  locomotive  engine  so  sold, 
leased,  or  hired,  or  contracted  to  be  sold,  leased,  or  hired  as  aforesaid, 
shall  have  the  name  of  the  vendor,  lessor,  or  bailor  plainly  marked  in 
letters  not  less  than  one  inch  in  size  on  each  side  thereof,  followed  by  the 
word  "ownerj"  or  "lessor,"  or  "bailor,"  as  the  case  may  be. 

Contracts  filed  with  the  secretary  of  state.     Fee. 

§  2.  The  contracts  herein  authorized  shall  be  filed  with  the  secretary 
of  state  and  recorded  by  him  in  a  book  of  records  to  be  kept  for  that 
purpose.  And  on  payment  in  full  of  the  purchase  money  and  the  per- 
formance of  the  terms  and  conditions  stipulated  in  any  such  contract, 
a  declaration  in  writing  to  that  effect  shall  be  made  by  the  vendor,  lessor, 
or  bailor,  or  his  or  its  assignee,  which  declaration  shall  be  made  by  a 
separate  instrument,  to  be  acknowledged  by  the  vendor,  lessor,  or  bailor, 
or  his  or  its  assignee,  and  recorded  as  aforesaid.  The  secretary  of 
state  shall  collect  and  pay  into  the  state  treasury  five  dollars  for  filing 
each  of  such  contracts  or  declarations  and  twenty  cents  per  folio  for 
recording  the  same. 

Contracts  not  affected. 

§  3.  This  act  shall  not  be  held  to  invalidate  or  affect  in  any  way 
any  contract  heretofore  made  of  the  kind  referred  to  in  section  1 
hereof,  and  any  such  contract  heretofore  made  may,  upon  compliance 
with  the  provisions  of  this  act,  be  recorded  as  herein  provided. 


1817  RAILROADS.  Acts  2933, 2935 

ACT    2933. 

An  act  requiring  persons,  corporations,  receivers  or  trustees  operating 
lines  of  railway  to  furnish  cars  for  shipment  of  freight  upon  written 
application  from  shippers  of  freight  and  providing  a  penalty  and 
damages  to  be  paid  by  such  persons,  corporations,  receivers  or  trus- 
tees to  shippers  for  failure  to  do  so  and  providing  a  penalty  and 
damages  to  be  paid  to  persons,  corporations,  receivers  or  trustees 
operating  such  railway  lines  by  the  applicant  or  shipper  for  failure 
to  load  or  unload  cars  so  furnished.  [Approved  April  20,  1909: 
Stats.  1909,  p.  1007.] 

Repealed  February  11,   1911   (Stats.  1911,  p.  13). 
See  Act  2921a. 

ACT  2935. 

An  act  to  promote  the  safety  of  employees  and  travelers  upon  railroads 
by  compelling  common  carriers  by  railroad  to  properly  man  their 
trains. 

[Approved  February  20,  1911.     Stats.  1911,  p.  65.] 
Amended  1913,  p.  249. 

Full  crew  for  passenger  train. 

§  1.  It  shall  be  unlawful  for  any  common  carrier  by  railroad  in  the 
state  of  California  operating  more  than  four  trains  each  way  per  day 
of  twenty-four  hours  on  any  main  track  or  branch  line  of  railroad  within 
this  state  to  run  or  permit  to  be  run,  any  passenger,  mail  or  express 
train  propelled  or  drawn  by  steam,  electricity  or  other  motive  power  that 
has  not  at  least  the  following  named  employees  thereon:  one  engineer, 
and  one  fireman  for  each  steam  locomotive  where  such  train  is  propelled 
or  drawn  by  steam,  one  electric  motorman  for  each  train  where  such  train 
is  propelled  or  run  by  electricity,  and  one  motor  or  power  control  man  for 
every  train  where  said  train  is  propelled  by  other  motive  power  than 
steani  or  electricity,  one  conductor,  one  brakeman,  one  baggageman; 
provided,  that  upon  any  such  train  upon  which  baggage  is  not  hauled 
and  on  gasoline  motor  cars,  a  baggageman  need  not  be  employed;  pro- 
vided, further,  that  on  any  such  train  where  four  cars  exclusive  of  rail- 
road officers'  private  cars,  or  more  than  four  cars  are  hauled,  exclusive 
of  railroad  officers'  private  cars,  two  brakemen  instead  of  one  shall  be 
employed.     [Amendment  approved  May  24,  1913;  Stats.  1913,  p.  249.] 

Full  crew  for  freight  train.  ' 

§  2.  It  shall  be  unlawful  for  any  common  carrier  by  railroad  in  the 
state  of  California  operating  more  than  four  trains  each  way  ])er  day 
of  twenty-four  hours  on  any  main  track  or  branch  line  of  railroad  within 
this  state  to  run  or  permit  to  be  run  on  any  main  track  or  branch  line 
operating  by  it  any  freight  or  work  train  projjelled  by  steam,  electricity 
or  other  motive  powder  that  has  not  at  least  the  following  employees 
thereon;  one  engineer  and  one  fireman  for  each  steam  locomotive  where 


Act  2935,  §§  3, 4  general  laws.  1818 

such  train  is  propelled  or  drawn  by  steam,  one  motorman  for  each  train 
where  such  train  is  propelled  or  run  by  electricity,  and  one  motor  or  power 
control  man  for  every  train  where  such  train  is  propelled  by  motive 
power  other  than  steam  or  electricity,  one  conductor  and  two  brakemen; 
provided,  that  on  any  such  train  running  on  any  track  which  attains  a 
grade  of  one  [>er  cent  or  less  than  one  per  cent,  for  a  distance  of  more 
than  one  half  mile,  there  shall  be  three  brakemen  for  fifty  cars,  four 
brakeman  for  seventy-six  cars  and  an  additional  brakeman  for  every 
additional  twenty-five  ears;  provided,  further,  that  on  any  such  train 
running  on  any  track  which  attains  a  grade  of  more  than  one  per  cent 
and  less  than  one  and  one-half  per  cent,  for  a  distance  of  more  than 
one-half  mile,  there  shall  be  three  brakemen  for  fifty  cars  and  an  ad 
ditional  brakeman  for  every  twenty-five  cars  or  fraction  of  twenty-five 
greater  than  twelve  cars;  provided,  further,  that  any  such  train  running 
(in  a  track  which  attains  a  grade  of  more  than  one  and  one-half  per  cent, 
for  a  distance  of  more  than  one  half  mile,  there  shall  be  three  brakemen 
for  fifty  ears  and  an  additional  brakeman  for  every  fifteen  cars  or  frac- 
tion of  fifteen  greater  than  seven  cars.  [Amendment  approved  May  24, 
1913;    Stats.   1913,  p.  2o0.] 

Full  crew  for  other  trains. 

§  3.  It  shall  be  unlawful  for  any  common  carrier  by  railroad  in  the 
state  of  California  operating  more  thiui  four  trains  each  way  per  day 
of  twenty-four  hours  on  any  main  track  or  branch  line  of  railroad  within 
this  state,  to  run  or  permit  to  be  run  any  train  propelled  or  drawn 
by  steam,  electricity  or  other  motive  power  other  than  those  trains 
described  in  section  1  and  2  of  this  act  that  have  not  at  least  the 
following  named  employees  thereon:  one  engineer  and  one  fireman  for 
each  steam  locomotive  where  such  train  is  propelled  by  steam,  one  motor- 
man  for  every  train  where  such  train  is  propelled  or  drawn  by  electricity 
and  one  motor  or  power  control  man  for  each  train  propelled  by  other 
motive  jiower  than  steam  or  electricity,  one  conductor  and  one  brakeman; 
provided,  that  nothing  in  this  act  contained  shall  apply  to  a  locomotive 
or  locomotives  without  cars;  nor  to  any  relief  or  wrecking  train  in  any 
case  where  a  sufficient  number  of  employees  to  comply  with  this  section 
are  not  available  for  service  on  such  relief  or  wrecking  train,  [Amend- 
ment ap})roved  May  24,  1913;   Stats.   1913,  p.  250.] 

Qualifications  of  engineer.     Conductor.     Brakeman, 

§  4.  It  shall  be  unlawful  for  any  common  carrier  to  employ  any  per- 
son as  a  steam  locomotive  engineer  who  shall  not  have  had  at  least  three 
years'  actual  service  as  a  steam  locomotive  fireman  or  one  year's  actual 
service  as  a  steam  locomotive  engineer,  or  to  employ  any  person  as  a 
conductor  who  shall  not  have  had  at  least  two  years'  actual  service  as  a 
railroad  brakeman  on  steam  or  electric  railroad  other  than  street  railway, 
or  one  ;y ear's  actual  service  as  a  railroad  conductor,  or  to  employ  any 
person  as  a  brakeman  who  shall  not  have  jiassed  the  regular  examination 
required    by   transcontinental   railroads;    provided,   that    nothing   in   this 


1819  RAILROADS.  Act  2936,  §  1 

act  contained  shall  apply  to  the  running  or  operating  of  locomotives  or 
motor  power  cars  to  and  from  transit  at  terminals  by  hostlers  or  to  the 
1  nailing  or  operating  of  steam  locomotives  or  motive  power  cars  to  and 
fiDoi  engine  houses  or  to  the  doing  of  work  on  steam  locomotives  or 
iiMitor  power  cars  at  shops  or  engine-houses.  [Amendment  approved  May 
24,  1913;  Stats.  1913,  p.  251.] 

Penalty. 

§  5.  Any  violation  of  this  act  shall  he  a  misdemeanor,  and  shall  be 
]iiuiished  by  a  fine  not  exceeding  five  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  not  to  exceed  six  months,  or  by  both  such  fine 
and  imprisonment.  [Amendment  approved  May  24,  1913;  Stats.  1913, 
p.    251.] 

Time  of  strikes. 

§  6.  Nothing  in  this  act  contained  shall  apply  to  the  operation  of  any 
train  by  said  common  carrier  during  times  of  strikes  or  walkouts,  parti- 
cijiated  in  by  any  of  the  hereinbefore  mentioned  employees  of  such  eom- 
iium  carriers.     [Amendment  approved  May  24,  1913;  Stats.  1913,  p.  251.] 

Not  applicable  to  gasoline  motor  cars. 

§  7.  Nothing  contained  in  this  act  shall  be  construed  or  be  held 
to  apply  to  gasoline  motor  cars  operated  exclusively  on  branch  lines 
nor  to  trains  of  less  than  three  cars  propelled  by  electricity.  [New  sec- 
tion approved  May  24,  1913;  Stats.  1913,  p.  251.] 

Citations.      Cal.   162/333;    (§1)   162/332;    (§§  3  and  4)   162/333. 

ACT  2936. 

An  act  regulating  the  hours  of  labor  of  conductors,  engineers,  firemen, 
brakemen,  train  dispatchers  and  telegraph  operators  employed  by 
any  corporation  or  receiver  operating  a  line  of  railway  in  whole  or 
in  part  in  the  state  of  California,  and  prescribing  penalties  for  viola- 
tion of  this  act. 

[Approved  April  21,  1911;  Stats.  1911,  p.  952.] 
Amended  1913,  p.  381. 

Sixteen  hours  on  duty,  limit  for  conductors,  etc.  Ten  hours  off.  Nine 
hovirs  for  train  dispatchers,  etc.     When  not  applicable. 

§  1.  It  shall  hereafter  be  unlawful  for  any  corporation  or  receiver 
operating  any  line  of  steam,  electric  railroad,  or  other  railway,  in  whole 
or  in  part,  in  this  state,  or  any  officer,  agent  or  representative  of  such  cor- 
poration to  require  or  knowingly  permit  any  conductor,  motorman,  en- 
gineer, fireman,  brakeman,  train  dispatcher,  or  telegraph  operator  to  be 
or  remain  on  duty  for  a  longer  period  than  sixteen  consecutive  hours. 
And  whenever  any  such  employee  of  such  coinnion  carrier  shall  have 
been  continuously  on  duty  for  sixteen  hours  he  shall  be  relieved  and  not 
required  or  permitted  again  to  go  on  duty  until  he  has  had  at  least  ten 
consecutive  hours  off  duty;  and  no  such  employee  who  has  been  on  duty 


Act  2936,  §§  2-4  general  laws.  1820 

sixteen  hours  in  the  aggregate  in  any  twenty-four  hour  period  shall  be 
required  or  permitted  to  continue  or  again  go  on  duty  without  having  had 
at  least  eight  consecutive  hours  off  duty;  provided,  that  no  operator, 
train  dispatcher,  or  other  employee  who  by  the  use  of  the  telegraph  or 
telephone  dispatches,  reports,  transmits,  receives  or  delivers  orders  per 
taiiiing  to  or  affecting  train  movements  shall  be  required  or  permitted  to 
be  or  remain  on  duty  for  a  longer  period  than  nine  hours  in  any  twenty- 
four  hours,  in  all  towers,  offices,  places,  and  stations  continuously  operated 
night  and  day,  nor  for  a  longer  period  than  thirteen  hours  in  all  towers, 
offices,  places  and  stations  operated  only  during  the  daytime,  except  in 
case  of  emergency;  when  the  employees  named  in  this  proviso  may  be 
permitted  to  be  and  remain  on  duty  for  four  additional  hours  in  a  twenty- 
four  hour  period  or  not  exceeding  three  days  in  any  week;  provided,  that 
the  provisions  of  this  act  shall  not  apply  in  any  case  of  casualty  or  un- 
avoidable accident,  or  the  act  of  God;  nor  where  the  delay  was  the  result 
of  a  cause  not  known  to  the  carrier  or  its  officer  or  agent  in  charge  of 
such  employee  at  the  time  said  employee  left  a  terminal,  and  which  could 
not  have  been  foreseen;  and  provided,  further,  that  the  provisions  of  this 
act  shall  not  apply  to  the  crews  of  wrecking  or  relief  trains.  [Amend- 
ment approved  June  4,  1913;   Stats.   1913,  p.  3S1.] 

Hours  off  duty. 

§  2.  It  shall  hereafter  be  unlawful  for  any  corporation  or  receiver 
operating  any  line  of  railroad  in  whole  or  in  part  in  this  state,  or  any 
officer,  agent,  or  representative  of  such  company  or  receiver  to  require 
or  knowingly  permit  any  conductor,  engineer,  fireman,  brakenian,  train 
dispatcher  or  telegraph  operator,  who  has  been  on  duty  for  sixteen  con- 
secutive hours  and  who  has  gone  off  duty,  to  again  go  on  duty  or  per- 
form any  work  for  such  receiver  or  corporation  until  he  has  had  at  least 
eight  hours  off  duty. 

Penalty  for  violation. 

§  3.  Any  corporation  or  receiver  operating  a  line  of  railroad  in  whole 
or  in  part  within  this  state,  who  shall  violate  any  of  the  provisions  of 
this  act  shall  be  liable  to  the  state  of  California  in  a  penalty  of  not 
less  than  two  hundred  dollars  nor  more  than  one  thousand  dollars  for 
each  offense,  and  such  penalties  shall  be  recovered  and  suit  therefor 
shall  be  brought  in  the  name  of  the  state  of  California  in  any  court 
having  jurisdiction  of  the  amount  in  any  county  into  or  through  which 
said  railroad  may  pass.  Such  suit  or  suits  may  be  brought  either  by 
the  attorney  general  of  the  state  or  under  his  direction  by  the  district' 
attorney  of  any  county  or  city  and  county  in  the  state  of  California  into'l 
or  through  which  said  railroad  may  pass. 

Officer  of  railroad  liable. 

§  4.     Anv    officer,    agent   or   representative   of   any   corporation   or   re- 
ceiver  ojierating   any    line   of   railroad   in   whole   or   in    part   within    this' 
state,    who    shall    violate    any    of    the    provisions    of    this    act    shall    be 


1821  RAILROADS.  'Act  2936a,  §§  1, 2 

.leemed  guilty  of  a  misdemeanor,  and  upon  conviction  therefor  stall 
be  punished  by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than 
five  hundred  dollars  for  each  offense,  or  by  confinement  in  the  county 
jail  for  not  less  than  ten  nor  more  than  sixty  days,  or  by  both  fine  and 
imprisonment,  and  such  person  so  offending  may  be  prosecuted  under 
this  section,  either  in  the  county  where  such  person  may  be  at  the  time 
of  commission  of  the  offense,  or  in  any  county  where  such  employee 
has  been  permitted  or  required  to  work  in  violation  of  this  act. 

Exceptions. 

§  5.  Provided,  that  the  provisions  of  this  act  shall  not  apply  in  any 
case  of  casualty  or  unavoidable  accident  or  the  act  of  God;  nor  where 
tlie  delay  was  the  result  of  a  cause  not  known  to  the  cai'rier  or  its 
officer  or  agent  in  charge  of  such  employee  at  the  time  said  employee 
left  a  terminal,  and  which  could  not  have  been  foreseen;  provided, 
further,  that  the  provisions  of  this  act  shall  not  apply  to  the  crews  of 
wrecking  or  relief  traing. 

ACT  2936a. 

An   act  regulating  headlights  on   all  locomotives,   and  providing  a  pen- 
alty for  violation  of  the  provisions  of  this  act. 
[Approved   June   4,    1913.     Stats.    1913,   p.   522.] 

Electric  headlights  on  locomotives. 

§  1.  It  shall  be  the  duty  of  every  railroad  corporation,  or  receiver 
or  lessee  thereof,  operating  any  line  of  railroad  in  this  state,  within 
six  months  after  the  passing  of  this  act,  or  within  such  additional  time 
as  may  be  prescribed  by  order  of  the  railroad  commission  of  California, 
after  such  railroad  has'  made  a  proper  showing  of  its  inability  to  com- 
ply therewith,  to  equip  all  locomotive  engines  used  in  the  transpor- 
tation of  trains  over  said  railroad,  with  electric  or  other  headlights 
which  will  project  sufficient  light  to  enable  the  locomotive  engineer  to 
observe  clearly"  a  dark  object  the  size  of  an  average  man,  at  a  distance 
of  not  less  than  eight  hundred  feet  on  a  dark,  clear  night  while  his 
train  is  running  at  a  rate  of  speed  not  less  than  thirty  miles  per  hour; 
provided,  that  this  act  shall  not  apply  to  locomotive  engines  regularly 
used  in  the  switching  of  ears  or  trains;  provided,  further,  that  this 
act  shall  not  apply  to  locomotive  engines  used  exclusively  between 
sunup  and  sundown,  nor  going  to  or  from  repair  shops  when  ordered 
in  for  repairs,  nor  to  locomotive  engines  used  on  short  lines  or  local 
lines  where  in  the  judgment  of  the  railroad  commission,  the  headlight 
herein  provided  for  is  not  necessary  for  the  preservation  of  public 
safety. 

Penalty.  ,  ,.         «     j  • 

§  2  Any  railroad  company,  or  receiver  or  lessee  thereof,  doing 
business  in  the  state  of  California,  who   shall  violate  the  provisions  of 


Act  2938,  §§  1,  2  GENERAL  LAWS.  1822 

this  acf,  shall  be  liable  to  the  state  of  California  for  a  penalty  of  not 
less  than  one  hundred  dollars,  nor  more  than  one  thousand  dollars,  for 
each  offense;  and  suit  shall  be  brought  to  recover  such  penalty  in  a 
court  of  competent  jurisdiction,  in  the  name  of  the  people  of  the  state 
of  California,  by  the  attorney  general  or  by  the  district  attorney  of 
any  county  in  or  through  which  said  railroad  may  be  operated. 

§  3.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this 
act  are  hereby  repealed. 

TITLE  410. 

EECLAMATIOX  DISTRICTS. 
ACT  2938. 

An  act  creating  a  reclamation  district  to  be  known  as  Reclamation 
District  No.  10,  prescribing  its  boundaries  and  providing  for  the 
management  and  control  thereof;  dissolving  Protection  District  No. 
10,  of  Yuba  county,  California,  and  providing  for  the  disposition  of 
the  indebtedness,  rights,  rights  of  way,  levees  and  other  works  of 
reclamation  of  said  protection  district. 

[Approved   May   26,    1913.     Stats.    1913,   p.    337.] 

Reclamation  District  No.   10  created, 

§  1.  A  reclamation  district  is  hereby  created  to  be  called  Reclama- 
tion District  No.  10,  and  the  boundaries  of  said  reclamation  district 
shall  be  as  follows:  beginning  on  the  western  line  of  the  embankment 
of  the  Western  Pacific  Railroad  at  a  point  where  the  levee  of  Protection 
District  No.  10  of  Yuba  county,  California,  joins  said  embankment,  said 
point  of  beginning  being  seventy-one  feet  east  of  a  point  on  the  levee  of 
Protection  District  No.  10,  from  which  point  the  quarter  section  corner 
between  sections  30  and  31,  township  17  north,  range  4  east,  Mount 
Diablo  meridian,  bears  south  24  degrees  30  minutes  east,  distant  2.')G3 
feet,  thence  northerly  to  the  outer  or  northern  toe  of  the  levee  of  said 
Protection  District  No.  10  where  the  same  joins  the  embankment  of  said 
railroad;  thence  westerly  and  southerly  following  the  outer  toe  of  said 
levee,  and  following  the  meanders  thereof,  and  of  all  other  embank- 
ments forming  a  part  of  said  levee  to  a  point  where  said  levee  con- 
nects with  the  embankment  of  the  Southern  Pacific  Railroad;  thence 
easterly  along  said  railroad  embankment  to  a  point  where  the  outer  toe 
of  the"  southeasterly  levee  of  said  Protection  District  No.  10  connects 
with  said  railroad  embankment;  thence  northeasterly  along  the  outer 
toe  of  said  levee  to  a  point  where  the  same  connects  with  the  embank- 
ment of  the  Western  Pacific  Railroad;  thence  northerly  along  the  west- 
erly side  of  the  embankment  of  said  railroad  to  the  point  of  beginning. 

Management. 

§  2.  The  management  and  control  of  said  reclamation  district  is 
hereby    made    subject    to    the    provisions    of    the    Political    Code    of    the 


1823  EECLAMATION  DISTRICTS.         Act  2940a,  §§  1,  2 

state  of  California  and  other  laws  of  this  state,  relative  to  reclamation 
districts  formed  under  the  provisions  of  said  Political  Code. 

Protection  District  No.  10  dissolved. 

§  3.  Protection  District  No.  10  of  Yuba  county,  California,  is  hereby- 
dissolved,  excepting  that  said  protection  district  shall  continue  to  exist 
solely  for  the  purpose  of  discharging  any  indebtedness  thereof,  that 
may  be  outstanding,  and  for  the  purpose  of  discharging  such  indebted- 
ness said  protection  district  shall  continue  to  exercise  all  of  the  powers 
heretofore  belonging  to  it.  All  of  the  rights,  rights  of  way,  levees 
and  other  works  of  reclamation  of  said  Protection  District  No.  10,  are 
hereby  vested  in  the  reclamation  district  hereby  created. 

§  4.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 

ACT  2940a. 

An  act  legalizing  the  formation  and  organization  of  Eeclamation  Dis- 
trict Number  Eight  Hundred,  in  the  county  of  Contra  Costa,  state 
of  California,  fixing,  defining  and  establishing  the  boundaries 
thereof,  providing  for  its  management  and  control  subject  to  the 
provisions  of  the  Political  Code  of  the  state  of  California  and  to 
other  laws  of  said  state  relative  to  reclamation  districts;  and  re 
pealing  all  acts  and  parts  of  acts  inconsistent  therewith. 
[Approved   March   2,    1911.     Stats.    1911,   p.    265.] 

Reclamation  District  No.  800. 

§  1.  The  formation  and  organization  of  Eeclamation  District  Number 
Eight  Hundred,  in  the  county  of  Contra  Costa,  state  of  California,  by 
the  board  of  supervisors  of  the  county  of  Contra  Costa,  state  of  Cali- 
fornia, is  hereby  approved,  confirmed,  ratified,  legalized  and  declared 
valid. 

Boundaries. 

§  2.  The  exterior  boundaries  of  said  Eeclamation  District  Number 
Eight  Hundred,  in  the  county  of  Contra  Costa,  state  of  California,  shall 
be,  and  the  same  are  hereby  fixed,  defined,  established  and  determined, 
as  follows: 

Beginning  at  a  point  in  the  center  of  the  levee  on  the  west  side  of  the 
Byron  tract  at  a  point  four  hundred  and  twenty-four  and  5/10  (424.5) 
feet  due  east  of  a  post  marked  "90  D,"  said  post  "90  D"  being  also  the 
southwest  corner  of  the  southeast  quarter  (S.  E.  V^)  of  the  southeast 
quarter  (S.  E.  %)  of  section  twenty-three  (23)  township  one  (1)  north 
range  three  (3)  east  Mount  Diablo  base  and  meridian;  running  thence 
parallel  and  fifty  (50)  feet  distant  westerly  from  the  center  of  the  levee, 
the  following  courses  and  distances: 

South  14°  58'  west  fourteen  hundred  and  fifty  (1450)  feet;  thence 
south  26°   49'  west  two  hundred    (200)    feet;   thence  south   0°    03'   west 


Act  2941  GENERAL   LAWS.  182-4 

twenty-five  hundred  (2500)  feet;  thence  south  0'  10'  east  thirtv-six 
hundred  (3600)  feet;  thence  south  12°  02'  east  five  hundred  and  twentv 
(520)  feet;  thence  south  0°  52'  east  twenty-two  hundred  and  seventv-five 
(2275)  feet;  thence  south  36°  25'  west  to  northeast  corner  of  west' half 
(W.  Vo)  of  northeast  quarter  (N.  E.  %)  of  section  two  (2)  township 
one  (1)  south  range  three  (3)  east,  Mount  Diablo  base  and  meridian; 
thence  south  0°  30'  east  1320  feet  to  U.  S.  segregation  post  No.  12; 
thence  on  true  line  due  west  to  the  U.  S.  segregation  post  No.  13,  being 
the  northwest  corner  of  the  southwest  quarter  (S.  W.  ^4)  of  the  north- 
east quarter  (N.  E.  %)  of  section  two  (2)  township  one  (1)  south  range 
three  (3)  east;  thence  due  south  along  the  one-half  (M;)  section  line 
through  sections  two  (2),  eleven  (11)  and  fourteen  (14)  to  a  point  eight 
hundred  and  fifty-three  (853)  feet  north  of  the  United  States  segrega- 
tion post  No.  14,  said  post  being  also  the  northwest  corner  of  the  south- 
west quarter  (S.  W.  14)  of  the  southeast  quarter  (S.  E.  i/4)  of  section 
fourteen  (14)  township  one  (1)  south  range  three  (3)  east;  thence  north 
89°  12'  east  five  hundred  and  seventy-five  (575)  feet  to  end  of  levee 
extending  from  the  dredger  cut  to  the  highland;  thence  along  said  levee 
in  a  southwesterly  and  easterly  course  to  the  head  of  Italian  slough; 
thence  down  the  left  bank  of  said  Italian  slough  to  its  junction  with  Old 
river;  thence  down  the  left  bank  of  Old  river  following  its  meander- 
ings  to  the  junction  of  Indian  slough;  thence  up  the  left  bank  of  Indian 
slough  following  its  meanderings  to  the  canal  at  the  head  of  slough, 
thence  up  the  left  bank  of  canal  to  the  sandy  knoll  being  in  the  south- 
east quarter  (S.  E.  %)  of  section  twenty-three  (23)  township  one  (1) 
north  range  three  (3)  east,  Mount  Diablo  base  and  meridian;  thence 
southwesterly  and  fifty  (50)  feet  westerly  at  right  angles  from  center 
of  levee  to  the  place  of  beginning. 

All  of  the  lands  above  described  herein,  are  situate  in  the  county 
of  Contra  Costa,  state  of  California. 

Boundaries. 

§  3.  Tlio  management  and  control  of  said  Reclamation  District  Num- 
ber Eight  Hundred,  in  the  county  of  Contra  Costa,  state  of  California,  is 
hereby  made  subject  to  the  provisions  of  the  Political  Code  of  the  state 
of  California,  and  other  laws  of  this  state  relative  to  reclamation 
districts  formed  under  the  provisions  of  said  Political  Code. 

§  4.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of 
this  act  are  hereby  repealed. 

§  5.     This  act  shall  take  effect  and  be  in  force  immediately. 

ACT  2941. 

Citations.     App.   11/404. 


1S25  RECLAMATION  DISTRICTS.  Act  2944,  §  3 

ACT  29U. 

Sutter  county,  Levee  District  Number  One,  defining  boundary  and  pro- 
viding for  the   care  of,   etc. 
[Stats.  1873-74,  p.  511.] 

Amended  1877-78,  p.  914;   1889,  p.  355;   1901,  p.  629;   1907,  p.  47;   1911,  p. 

847. 

The  amendments  of  1911  are  as  follows: 

Directors.  Chairman.  Successors  of  supervisors.  Accounts.  Records. 
Reports.  Offices.  Meeting.  Repairs.  Contracts. 
§  3.  The  directors  shall  each,  within  ten  days  after  their  election, 
take  the  usual  oath  of  office,  and  shall,  at  their  first  meeting,  decide  by 
lot,  so  that  one  shall  go  out  of  office  on  the  first  Monday  in  March  next 
succeeding  the  next  general  election  for  state  and  county  officers; 
another  to  go  out  on  the  first  Monday  of  March,  after  the  next  general 
election,  and  so  on;  and  a  successor  shall  be  elected  at  each  general 
election  next  preceding  such  time  of  expiration  of  term  of  office.  At 
said  first  meeting,  they  shall  elect  a  chairman  and  a  clerk  from  their 
number,  and  a  majority  shall  be  a  quorum  for  the  transaction  of  any 
Inisiness.  The  board  of  directors  are  hereby  constituted  and  declared 
to  be  the  legal  representatives  and  successors  to  the  board  of  supervisors 
of  Sutter  county,  in  all  matters  appertaining  to  Levee  District  Number 
One,  and  are  hereby  authorized  to  take  absolute  charge,  control  and  pos- 
session of  all  levees,  or  other  works  of  reclamation,  and  all  property,  real 
and  personal,  belonging  to  said  district,  and  to  perform  all  the  duties 
appertaining  to  said  levee  district  heretofore  devolving  on  said  board  of 
supervisors,  except  as  herein  provided.  All  bills  and  accounts  against 
said  levee  district,  either  for  contracts  or  otherwise,  shall  be  presented 
to  the  board  of  directors,  and  be  by  them  approved  and  certified  to  as 
correct  by  the  clerk  of  the  board,  before  payment  for  the  same  can  be 
made;  and  the  county  auditor  is  hereby  required  to  draw  his  warrant 
on  the  county  treasurer  for  the  amount  of  any  account  so  approved  and 
certified,  in  the  same  manner  as  if  ordered  by  the  board  of  supervisors. 
All  claims  and  demands  against  said  district  shall,  before  the  same 
are  approved  and  allowed  by  the  board  of  directors,  be  itemized  and 
verified  in  the  same  manner  as  claims  against  a  county  are  required  by 
law  to  be  itemized  and  verified.  Each  director  of  said  district  shall, 
before  taking  office  and  within  ten  days  after  his  election  or  appoint- 
ment, file  a  bond  in  the  sum  of  five  hundred  dollars,  with  sufficient  sure- 
ties, conditioned  for  the  faithful  performance  of  his  official  duties,  said 
bond  to  be  approved  by  the  judge  of  the  superior  court  of  said  Sutter 
(  ounty  and  to  be  filed  in  the  office  of  the  county  clerk  of  said  county. 
The  board  of  directors  of  said  district  shall,  in  addition  to  the  duties 
now  required  of  them  by  law,  keep  all  necessary  and  proper  books  of 
account  in  which  shall  be  entered  all  receipts  and  expenditures,  with  the 
source  and  nature  of  the  same,  for  or  on  behalf  of  said  district,  and 
115 


Act  2944,  §  3  GENERAL  LAWS,  1826 

shall  keep  a  minute  book  in  which  shall  be  entered  the  proceedings  of 
each  meeting  of  said  board.  The  books  and  accounts  of  the  district 
shall  be  experted  once  a  year  and  the  said  board  shall  annually  publish, 
in  a  newspaper  printed  and  published  in  said  district,  a  complete  statist 
tical  report  showing  in  detail  the  financial  transactions  for  and  on 
behalf  of  the  district  for  the  preceding  year  and  the  financial  condition 
of  the  district.  The  board  shall  keep  an  office  in  said  district  for  the 
transaction  of  the  business  thereof,  and  all  books,  maps,  records,  papers 
and  contracts  relating  to  the  affairs  of  the  district  shall  at  all  times 
be  open  to  the  inspection  of  the  taxpayers  of  the  district  and  all  persons 
interested  therein.  The  board  shall  hold  regular  meetings  on  the  second 
Monday  of  each  and  every  month  and  special  meetings  may  be  held  at 
any  time,  all  of  the  members  of  the  board  being  present;  or  special 
meetings  may  be  ordered  by  a  majority  of  the  board  by  an  order  in  writ- 
ing signed  by  the  members  calling  such  meeting.  At  least  one  day's 
notice  of  such  special  meeting  must  be  given,  personally  or  by  mail,  to 
the  members  not  joining  in  the  order.  All  meetings  must  be  held  at  the 
office  of  the  board.  No  member  of  the  board  shall  be  interested,  directly 
or  indirectly,  in  any  property  purchased  for  the  use  of  the  district,  nor 
in  the  jjurehase  or  sale  of  any  property  belonging  to  the  district,  nor  in 
any  contract  made  by  the  board,  or  other  person,  on  behalf  of  the  dis- 
trict, for  the  construction  or  repair  of  any  levee  or  other  improvement 
for  the  district.  The  board  shall  annually  cause  to  be  prepared,  and 
shall  adopt,  plans  and  specifications  of  all  necessary  repairs  to  the  levees 
of  said  district  and  of  any  new  levees  to  be  constructed  and  all  other 
works  of  improvement  for  the  benefit  of  the  district,  and  shall  divide 
such  work  into  convenient  sections.  Said  plans  and  specifications  shall 
be  filed  in  the  office  of  the  board  not  later  than  the  first  day  of  July 
of  each  year  and  shall  be  subject  to  inspection  by  any  person  interested 
therein  for  at  least  two  weeks  prior  to  the  letting  of  any  contract  for 
work  in  accordance  with  such  plans  and  specifications.  If  the  cost  of 
repair  or  construction  in  any  one  of  said  sections  will  exceed  the  sum 
of  five  hundred  dollars  the  board  must,  not  later  than  the  first  day  of 
July  in  each  year,  give  notice  by  publication  at  least  once  a  week  for 
two  consecutive  weeks  in  one  or  more  newspapers  printed  and  published 
in  said  Sutter  county,  that  sealed  proposals  will  be  received  and  opened 
at  the  office  of  said  board,  at  a  time  in  said  notice  specified,  for  the 
construction  of  repairs,  new  levees  and  other  works  of  improvement  in 
each  separate  section  of  said  work,  and  for  the  whole  work,  in  accord- 
ance with  said  plans  and  specifications.  At  the  time  and  place  specified 
in  said  notice  the  board  shall  publicly  open  said  bids  and  let  the  contract 
or  contracts  to  the  lowest  responsible  bidder  or  bidders;  provided, 
however,  that  the  board  may  reject  any  and  all  bids.  If  any  or  all 
such  bids  are  rejected  the  board  shall  immediately  readvertise  for  bids, 
as  in  the  first  instance,  for  such  work  as  has  not  been  let  and  upon 
the  opening  and  consideration  of  such  new  bids  the  board  shall  have 
the  right  to  reject  any  or  all  of  them  and  have  such  work  done  by  day's 


1827  RECLAMATION  DISTBICTS.  Act  2944,  §  5 

work.  Every  person,  firm  or  corporation  to  whom  a  contract  shall  be 
awarded  shall  enter  into  a  bond  with  snflficient  sureties,  to  be  approved 
by  the  board,  in  a  sum  equal  to  one-half  of  the  contract  price,  condi- 
tioned for  the  faithful  performance  of  said  contract  in  accordance  with 
said  plans  and  specifications.  In  cases  of  great  emergency  the  board 
may,  by  the  unanimous  consent  of  all  the  members,  proceed  at  once  to 
replace  or  repair  any  and  all  levees  in  the  district  without  notice. 
[Amendment  approved  March  13,   1911;   Stats.   1911,  p.  347.] 

Elections.  List  of  electors.  County  treasurer  tax  collector.  Vacancy 
in  board. 
§  5.  All  elections  hereafter  held  in  said  levee  district  for  the  election 
of  directors  and  assessor  shall  be  held  at  the  same  time  and  places  within 
said  levee  district  as  the  general  state  and  county  elections  are  held,  and 
be  conducted  by  the  same  election  boards  as  shall  hold  and  conduct  such 
general  elections,  but  separate  ballot-boxes  and  separate  poll  lists  shall 
be  provided  and  kept  for  such  elections  for  district  officers,  and  separate 
returns  thereof  shall  be  made  to  the  board  of  supervisors,  and  shall  be 
by  them  canvassed  and  disposed  of  as  provided  in  section  2  of  this  act. 
Only  electors  of  said  district,  whose  names  appear  on  the  last  preceding 
assessment-roll  thereof  as  the  owners  of  property  assessed  to  them  for 
district  purposes,  shall  be  entitled  to  vote  at  district  elections.  The 
tax  collector  of  the  district  shall,  at  least  five  days  before  the  date  of 
any  election  therein  for  district  purposes,  prepare  from  the  last  preced- 
ing assessment-roll  of  the  district  a  list  of  the  names  of  electors  therein 
as  shown  by  such  assessment  roll  and  shall  certify  to  said  list  and  deliver 
to  the  board  of  directors  of  said  district  as  many  copies  of  said  certified 
list  as  there  are  election  precincts  in  whole  or  in  part  in  said  district, 
and  said  board  of  directors  shall,  before  the  opening  of  the  polls  at  any 
district  election,  furnish  one  of  said  certified  copies  to  the  board  of  elec- 
tion in  each  precinct  in  whole  or  in  part  in  said  district.  No  tax  col- 
lector shall  hereafter  be  elected  for  said  district,  but  the  county  treas- 
urer of  Sutter  county  shall  be  ex-officio  tax  collector  of  said  district, 
upon  his  taking  the  iasual  oath  and  entering  into  proper  bonds  to  said 
district  in  such  amount  as  the  board  of  directors  may  require,  and  with 
sufficient  sureties  to  be  approved  by  said  board,  conditioned  for  the 
faithful  performance  of  his  official  duties  as  such  tax  collector,  and  filing 
the  same  with  the  clerk  of  said  board;  provided  that  should  such  bond 
not  be  so  filed  on  or  before  the  first  Monday  in  January  next  succeeding 
the  election  of  said  county  treasurer,  the  office  of  tax  collector  shall  be 
vacant.  Should  a  vacancy  occur  in  the  office  of  tax  collector  of  said 
district,  it  shall  be  filled  by  appointment  by  the  board  of  directors,  and 
such  appointee  shall  take  the  oath  and  give  bond  as  aforesaid,  and 
thereafter  hold  su^h  office  during  the  pleasure  of  the  board  of  directors, 
but  not  later  than  the  first  Monday  in  January  following  the  next  suc- 
ceeding general  election  for  county  officers  in  Sutter  county.  Should  a 
vacancy  occur  in  the  board  of  directors,  such  vacancy  shall  be  filled  by 


Act  2944,  §  8  GENERAL   LAWS.  1828 

appointment  by  the  remaining  members  of  the  board,  and  such  appointee 
shall  qualify  and  thereafter  hold  such  office  until  the  next  succeeding 
general  election  for  state  and  county  officers,  when  his  successor  shall 
be  elected  for  the  remainder  of  the  term.  Should  a  vacancy  occur  in 
the  office  of  assessor  it  shall  be  filled  by  appointment  by  the  board  of 
directors.     [Amendment   approved  March   13,   1911;   Stats'  1911,  p.  349.] 

Annual  meeting.  Per  cent  of  taxes  necessary.  Rate  fixed.  Monthly 
settlements. 

§  8.  The  board  of  directors  must  meet  on  the  first  Monday  in  July 
of  each  year,  to  examine  the  assessment-roll  and  equalize  the  assessment 
of  piojicrty  in  said  district.  It  must  continue  in  session  for  that  pur- 
jiose,  from  time  to  time,  until  the  business  of  equalization  is  disposed  of, 
but  not  later  than  the  third  Monday  in  July.  The  board  has  power, 
after  giving  notice  in  such  manner  as  it  may  by  rule  prescribe,  to 
increase  or  lower  the  entire  assessment-roll  or  any  assessment  contained 
therein,  so  as  to  equalize  the  assessment  of  the  property  contained  in 
said  roll,  and  make  the  assessment  conform  to  the  true  value  of  the 
property  in  money.  During  such  session  tlie  board  may  correct  any 
errors,  omissions,  or  defects  in  form  or  description  in  the  assessment-roll, 
and  may  direct  the  assessor  to  assess  any  ])roperty  that  has  escaped 
assessment.  Upon  the  hearing  of  any  question  arising  during  the  course 
of  such  equalization,  the  board  may  subpoena  such  witnesses,  and  hear 
and  take  such  evidence  in  relation  to  the  subject  pending,  as  in  its  dis- 
cretion it  may  deem  proper.  The  clerk  shall  note  all  alterations  made 
in  valuations  or  assessments,  and  within  five  days  after  the  session 
have  the  total  values,  as  finally  equalized  by  the  board,  extended  into 
columns,  and  added  up,  and  shall  forthwith  deliver  the  assessment-roll 
so  corrected,  to  the  county  auditor.  In  order  to  find  the  per  cent  of 
taxes  necessary  to  be  levied,  the  board  shall  find: 

First — The  amount  necessary  to  pay  the  interest  and  any  part  of  tho 
principal  that  may  become  due  for  the  then  current  year  on  the  funded 
debt  of  said  district. 

Second — The  probable  amount  that  may  be  needed  for  repairs,  etc. 

Third — The   amount  needed   for  salaries,  fees  and   delinquencies. 

Fourth — The  amount  of  floating  debt  that  it  may  be  desirable  to  pay 
during  the  then  current  year;  and  from  tliese  several  amounts  shall  find 
the  rate  per  cent  necessary  to  produce  the  probable  fund  needed  for  the 
ensuing  year. 

The  board  of  directors  shall  meet  on  the  third  Monday  in  September 
and  Gx  such  rate,  and  when  so  fixed,  the  clerk  of  the  board  shall  certify 
the  same  to  the  county  auditor.  The  auditor  must  then  compute,  and 
outer  into  a  sejiarate  monc}'  column  in  the  assessment-book,  the  respec- 
tive sums,  in  dollars  and  cents,  rejecting  the  fractions  of  a  cent,  to  be 
paid  as  a  tax  on  the  property  therein  enumerated,  and  foot  up  the  col- 
umn, showing  the  total  amount  of  such  taxes,  and  on  or  before  the 
second   Monday   in   October   said   auditor   must   deliver   said   assessment- 


1829  RECLAMATION  DISTRICTS.       Act  2944,  §§  10,  11 

book  to  the  tax  collertor  of  the  district.  On  delivering  the  assess- 
ment-book to  the  tax  collector,  the  auditor  must  charge  the  tax  collector 
with  the  full  amount  of  the  taxes  levied  and  unpaid.  On  receipt  of 
such  assessment-book  the  tax  collector  of  the  district  must  publish  a 
notice  for  a  least  two  weeks  in  one  or  more  newspapers  published  in  the 
district,  specifyinfj  that  all  taxes  are  due  and  payable,  and  that  the 
same  will  be  delinquent  at  noon  on  the  first  Monday  of  January  next 
succeeding,  and  that  unless  paid  prior  thereto  a  penalty  of  ten  per  cent 
will  be  added  thereto.  On  the  first  Monday  in  each  month  the  tax 
collector  must  settle  with  the  auditor  for  all  moneys  collected  for  the 
district,  and  pay  the  same  to  the  treasurer  of  the  district,  and  on  the 
third  Monday  in  May  of  each  year  the  said  tax  collector  must  attend 
at  the  office  of  the  auditor  with  the  assessment  book,  having  all  items 
of  taxes  and  penalties  collected  marked  "paid,"  and  at  the  same  time 
he  shall  deliver  to  the  auditor  the  assessment-roll  of  the  district.  The 
auditor  shall  thereupon  credit  the  tax  collector  with  all  unpaid  taxes, 
and  shall  make  out  and  deliver  a  list  of  the  same  to  the  board  of  di- 
rectors, and  said  board  of  directors  shall  immediately  commence  an 
action,  or  actions,  as  provided  in  section  9  of  this  act,  for  the  collection 
thereof.      [Amendment  approved  March  13,  1911;  Stats.   1911,  p.  350.] 

Levee  District  No.  1  fund.     Warrants  not  paid. 

§  10.  All  moneys  received  or  collected  for  or  on  behalf  of  said  dis- 
trict shall  be  paid  into  the  county  treasury  of  said  Sutter  county  in  the 
same  manner  as  county  moneys  are  required  by  law  to  be  paid  into 
the  county  treasury;  and  upon  receipt  of  any  money  from  the  tax  col- 
lector of  said  district,  or  for  the  benefit  thereof  from  any  other  source, 
the  county  treasurer  of  said  Sutter  county  shall  place  the  same  to  the 
credit  of  the  Levee  District  Number  One  fund,  from  which  he  shall  set 
apart  a  sum  sufficient  to  pay  the  interest  and  such  part  of  the  prin- 
cipal as  may  become  due  cluring  the  current  fiscal  year  on  any  bonded 
indebtedness  of  the  district,  and  shall  pay  the  same  out  in  accordance 
with  the  law  under  which  such  bonds  were  issued;  the  remainder  of  such 
Levee  District  Number  One  fund  shall  be  paid  out  only  on  warrants 
drawn  by  the  county  auditor  of  Sutter  county  upon  such  fund  and  paid 
by  the  county  treasurer  in  the  same  manner  as  county  moneys  are  re- 
quired by  law  to  be  paid  out;  provided,  that  warrants  presented  and 
registered  as  not  paid  for  want  of  funds  shall  bear  six  per  cent  in- 
terest per  annum  from  date  of  registration.  [Amendment  approved 
March  13,  1911;  Stats.  1911,  p.  351.] 

Salary  of  directors.  Assessor.  Tax  collector.  Auditor.  Election  offi- 
cers. 
§  11.  The  directors  shall  each  receive  an  annual  compensation  of 
five  hundred  dollars,  payable  in  quarterly  installments  of  one  hundred 
and  twenty  five  dollars  each,  on  the  first  Monday  in  June,  September, 
December  and  March  of  each  year,  which  sum  shall  be  in  full  compensa- 
tion for  all  services  of  every  nature  or  kind  rendered  by  said  directors. 


Acts  2946-2956a  general  laws.  1830 

The  assessor  shall  receive  five  hundred  dollars  per  annum,  payable  in 
two  equal  installments  of  two  hundred  and  fifty  dollars  each  on  the  first 
Monday  in  May  and  August  of  each  year.  The  tax  collector,  or  ex- 
officio  tax  collector  of  the  district  shall  be  entitled  to  receive  as  com- 
pensation for  his  services  one  per  cent  on  the  first  fifty  thousand  dollars, 
and  one-half  of  one  per  cent  on  all  sums  over  fifty  thousand  dollars,  col- 
lected by  him  for  the  use  of  the  district.  The  county  auditor  of  Sutter 
county  shall  receive  an  annual  compensation  for  his  services  for  said 
district  of  two  hundred  and  fifty  dollars,  payable  in  equal  installments 
on  the  first  Monday  in  January  and  July  of  each  year.  The  election 
officers  shall  receive  for  their  services  such  sum  as  the  board  of  directors 
shall  deem  just  and  reasonable.  [Amendment  approved  March  13,  1911; 
Stats.  1911,  p.  352.] 

ACT  2946. 

Levee   District   No.   2,   Sutter   county,    defining  boundary   and   providing 
for  government   of. 
[Stats.  1875-76,  p.  391.] 
Amended   and   supplemented   1893,   p.    199;    1895,  p.   236.     Amended    1911,   p. 
657. 

The  amendment  of  1911  is  as  follows: 

Levee  District  No.  2  fund. 

§  10.  Upon  receipt  of  any  money  from  the  tax  collector  of  the  dis- 
trict, the  county  treasurer  of  Sutter  county  shall»]iiaoe  the  same  to  the 
credit  of  Levee  District  Number  Two  fund,  from  winch  he  shall  set  apart 
a  sum  sufficient  to  pay  the  interest  and  such  part  of  the  principal  as 
may  become  due  during  the  current  fiscal  year  on  any  bonded  indebted- 
ness of  the  district,  and  shall  pay  the  same  out  in  accordance  with  law 
under  which  such  bonds  were  issued;  the  remainder  of  such  Levee  Dis- 
trict Number  Two  fund  shall  be  paid  out  only  on  warrants  of  the  dis- 
trict, in  the  order  of  presentation  to  the  treasurer.  If  the  fund  is  in- 
sufficient to  pay  any  warrant,  it  must  be  registered  by  the  treasurer, 
and  thereafter  paid  in  the  order  of  registration;  provided  that  war- 
rants jirosented  and  registered  shall  bear  only  seven  per  cent  interest 
per  annum  from  date  of  registration.  [Amendment  approved  April  5, 
1911;  Stats.  1911,  p.  657.] 

ACT  2949. 

Citations.     App.   11/406. 

ACT  2956a. 

An  act  legalizing  the  consolidation  and  reorganization  of  Reclamation 
District  No.  729  with  Reclamation  District  No.  lOS,  in  the  counties 
of  Yolo  and  Colusa;  fixing,  defining  and  establishing  the  boundaries 
of    the    consolidated    district;    providing    for    its    management    and 


1831  RECLAMATION  DISTRICTS.         Act  2956a,  §§  1-3 

control,  subject  to  the   provisions   of  the  Political  Code   of   Califor- 
nia, and  to  other  laws  of  said  state  relative  to  reclamation  districts; 
and  repealing  all  acts  and  parts   of  acts  inconsistent   therewith. 
[Approved  April  23,   1913.     Stats.   1913,  p.   62.] 

Consolidation  of  Reclamation  District  No.  729  with  No.  108.  Assess- 
ment lists. 
§  1.  The  reorganization  and  consolidation  of  Reclamation  District 
No.  729,  with  Eeelamation  District  No.  108,  in  the  counties  of  Yolo  and 
Colusa,  pursuant  to  notice  thereof  filed  in  the  office  of  the  county  re 
corder  of  Yolo  county,  are  hereby  approved,  confirmed,  ratified,  legalized 
and  declared  valid.  The  territory  hereinafter  bounded  and  described 
shall  constitute  the  consolidated  and  reorganized  district,  to  be  known 
and  numbered  Reclamation  District  No.  108,  as  heretofore  designated 
on  the  register  of  the  state  land  office,  which  shall  be  the  snecessor  of 
each  of  said  two  reclamation  districts,  and  its  board  of  trustees  shall 
be  the  successors  of  and  shall  have  all  of  the  powers,  duties  and  ob- 
ligations that  the  said  respective  boards  of  trustees  of  each  of  the 
two  districts  had  prior  to  such  consolidation,  and  shall  have  power  to 
take  all  proceedings  required  or  necessary,  and  perform  all  acts  re- 
quired or  authorized  by  the  board  of  trustees  for,  and  to  levy  or  collect 
assessments  in  each  of  said  districts,  for  any  indebtedness  existing  in 
either,  prior  to  their  consolidation.  The  assessment  lists  of  each  dis- 
trict, and  of  the  consolidated  district,  shall  be  filed  with  the  board  of 
supervisors  of  Colusa  county,  who  shall  hear  objections  to  any  assess- 
ments, modify,  amend  or  approve  the  same,  pursuant  to  the  provisions 
of  section  34C2  of  the  Political  Code,  and  original  lists  shall  thereafter, 
pursuant  to  said  last-mentioned  section,  be  filed  with  the  county  treas- 
urer of  Colusa  county,  and  the  certified  copy  therein  referred  to,  with 
the  county  treasurer  of  Yolo  county.  None  of  the  lands  contained 
within  the  description  set  forth  in  section  3  of  this  act,  which  do  not 
lie  within  the  boundaries  of  either  Reclamation  District  No.  108  or 
Reclamation  District  No.  729,  prior  to  their  reorganization  and  con- 
solidation, as  set  forth  in  section  1  hereof,  shall  be  liable  for  any  in- 
debtedness or  obligations  of  either  incurred  before  this  act  shall  take 
effect. 

Management. 

§  2.  The  management,  control  and  government  of  said  Reclamation 
District  No.  108,  as  so  reorganized  and  consolidated,  and  in  all  proceed- 
ings in  relation  thereto,  and  of  the  board  of  trustees  thereof,  in  all 
other  respects,  shall  be  under  and  pursuant  to  all  of  the  provisions  of 
the  Political  Code  of  California,  and  to  the  other  laws  of  said  state 
relative  to   reclamation   districts  formed   under  the   said   Political   Code. 

Boundaries. 

§  3.  The  exterior  boundaries  of  said  Reclamation  District  No.  108, 
in   the   said   counties   of   Colusa   and   Yolo,   as   so   reorganized    and   con- 


Act  2956a,  §  3  general  laws.  1832 

Eolidated,  shall  be,  and  the  same  ar*  hereby  fixed,  defined,  established 
and  determined  as  follows:  Commencing  at  a  point  on  the  right  bank 
of  the  Sacramento  river  at  a  point  from  whence  an  oak  tree  30  inches 
in  diameter  standing  270  feet  southerly  from  the  center  of  an  Indian 
mound  boars  south  4oi4°  west  640  feet  distant,  and  which  point  is  the 
northwest  corner  of  Reclamation  District  No.  787,  in  the  county  of  Yolo, 
state  of  California;  thence  south  43Vi°  west,  along  the  westerly  bound- 
ary line  of  reclamation  district  No.  787,  to  said  oak  tree  30  inches  in 
diameter,  situated  270  feet  southerly  from  the  center  of  said  Indian 
mound;  thence  south  43%°  west,  along  said  boundary  of  Reclamation 
District  787,  to  an  oak  tree  4  feet  in  diameter,  having  an  8-inch  wire 
nail  in  the  north  side;  thence,  continuing  along  said  boundary  of  said 
district,  south  14°  west,  about  9,250  feet  to  a  point  one-quarter  of  a 
mile  west  of  the  center  of  section  six  (6)  in  township  eleven  (11) 
north,  range  two  (2)  east,  Mount  Diabio  base  and  meridian;  thence 
south  three-fourths  (•%)  of  a  mile  to  the  southeast  corner  of  the  north- 
west quarter  of  the  northwest  quarter  of  section  seven  (7)  in  said 
last-mentioned  township  and  range;  thence  west  to  range  line  between 
ranges  one  and  two  east,  and  the  southwest  corner  of  said  northwest 
quarter  of  the  northwest  quarter  of  said  section  seven  (7);  thence 
south,  along  the  range  line  to  the  southeast  corner  of  section  twelve 
(12)  in  township  eleven  (11)  north,  range  one  (1)  east,  Mount  Diablo 
base  and  meridian;  then<;e  west,  one  and  one-half  (IVj)  miles  to  the 
quarter  section  corner  between  sections  eleven  (11)  and  fourteen  (14) 
in  said  last-mentioned  township  and  range;  thence  north,  through  the 
center  of  said  section  eleven  (11)  to  the  quarter  section  corner  be- 
tween said  section  eleven  (11)  and  section  two  (2)  in  said  laat-men- 
tioned  township  and  range;  thence  west  one  (1)  mile  to  the  quarter 
section  corner  between  sections  three  (3)  and  ten  (10),  said  last  men- 
tioned township  and  range;  thence  north  one  (1)  mile  through  the 
center  of  section  three  (3)  to  the  township  line  between  townships 
eleven  (11)  and  twelve  (12)  north,  and  to  the  quarter  section  comer 
between  section  three  (3)  in  said  township  eleven  (11)  and  said  section 
thirty-four  (34)  in  township  twelve  (12)  north,  range  one  (1)  east; 
thence  west  one  mile  to  the  quarter  section  corner  between  section 
four  (4)  in  township  eleven  (11)  north  and  section  thirty-three  (33) 
in  township  twelve  (12)  north,  range  one  (1)  east;  thence  n.orth  1)0° 
50'  east  to  a  point  nine  hundred  eighty-four  and  three-tenths  (9S4.3) 
feet  south  of  the  center  of  said  section  thirty-three  (33)  in  township 
twelve  (12)  north,  range  one  (1)  east;  thence  north  81°  59'  west  twenty- 
six  hundred  and  eighty  and  four-tenths  (2CS0.4)  feet  to  the  line  be- 
tween sections  thirty-two  (32)  and  thirty-three  (33),  in  said  last-men- 
tioned township  and  range;  thence  south,  along  said  line,  to  the  south- 
east section  corner  of  said  section  thirty-two  (32);  thence  west  one  (1) 
mile  to  the  southwest  corner  of  said  section  thirty-two  (32);  thence 
north,  a'ong  the  section  line  between  sections  thirty-one  (31)  and 
thirty  two    (32)    in    said    township    and    range    to    a    point    seven    hun- 


1833  RECLAMATION   DISTRICTS.  Act  2956a,  §  3 

dred  and  forty-six  and  two-tenths  (746.2)  feet  north  of  the  quarter  sec- 
tion corner  between  said  sections  thirty-one  (31)  and  thirty  two  (32); 
thence  north  31°  l-t'  30"  west,  eleven  thousand  five  hundred  and  twenty- 
seven  and  one-tenth  (11,527.1)  feet  to  a  point  six  hundred  (600)  feet 
west  of  the  quarter  section  corner  between  sections  nineteen  (19)  and 
twenty-four  (24),  and  townships  one  east  and  one  west;  thence  parallel 
with  the  meridian  line  n.  00°  04'  east  to  the  north  boundary  line  of 
section  one  (1)  in  said  township  twelve  north,  range  one  west,  and 
the  line  between  the  counties  of  Yolo  and  Colusa;  thence,  northeasterly 
in  a  straight  line  to  the  northeast  corner  of  the  southeast  quarter  of 
section  thirty-six  (36)  in  township  thirteen  (13)  north,  range  one  (1) 
vrest.  Mount  Diablo  base  and  meridian,  in  the  county  of  Colusa;  thence 
north  to  the  northeast  corner  of  said  section  thirty-six  (36) ;  thence 
continuing  north  to  an  intersection  with  a  line  running  parallel  with 
and  five  hundred  (500)  feet  westerly  from  the  westerly  base  of  "Howell 
Point"  levee,  which  point  of  intersection  is  one  and  ninety-six  hun- 
dredths (1.96)  chains  south  of  the  northeast  corner  of  section  twenty 
five  (25)  in  said  township  thirteen  (13)  north,  range  one  (1)  west, 
M.  D.  M.;  thence  north  31°  45'  west,  parallel  with  and  five  hundred 
feet  westerly'-  of  the  base  of  said  "Howell  Point  Levee"  sixty-six  and 
ninety-six  hundredths  (66.96)  chains;  thence  north  48°  15'  west,  to  an 
intersection  with  the  south  line  of  section  eleven  (11)  said  last- 
mentioned  township  and  range,  at  a  point  one  and  sixty-four  hundredths 
(1.64)  chains  east  of  the  southwest  corner  of  said  section  eleven  (11); 
thence  west  one  and  sixty-four  hundredths  (1.64)  chains  to  the  south- 
west corner  of  section  eleven  (11);  thence  (variation  18°  30'  east) 
north  00°  7'  east,  three  and  ninety-three  hundredths  (3.93)  chains  to 
the  westerly  boundary  of  a  certain  tract  of  land  over  which  Henry 
Gregory  granted  to  Eeclamation  District  No.  108  a  right  of  way  for 
levee  and  canal  purposes,  by  deed  recorded  in  the  office  of  the  county 
recorder  of  the  county  of  Colusa,  on  the  31st  day  of  March,  1903,  in 
book  55  of  deeds  at  page  514;  thence  (variation  18°  30'  east)  north 
42°  27'  west,  along  the  western  boundary  of  said  last-mentioned  tract, 
one  hundred  and  four  and  twenty-four  hundredths  (lfl4.24)  chains  to 
a  stake  on  the  line  between  sections  three  (3)  and  ten  (10)  said  last- 
mentioned  township  and  range,  at  a  point  fourteen  and  twenty-nine 
hundredths  (14.29)  chains  east  of  the  northwest  corner  of  said  section 
ten  (10);  thence  west,  along  the  line  between  said  sections  three  (3) 
and  ten  (10)  to  the  said  northwest  corner  of  said  section  ten  (10); 
thence  north,  on  the  line  between  sections  three  (3)  and  four  (4)  in 
said  last-mentioned  township  and  range,  fifteen  and  sixty  hundredths 
(15.60)  chains  to  the  westerly  boundary  of  a  certain  tract  of  land  over 
which  Andrew  Hopkins  granted  to  Eeclamation  District  No.  108  a  right 
of  way  by  deed  recorded  in  the  office  of  the  county  recorder  of  Colusa 
county,  on  the  31st  day  of  August,  1906,  in  book  "62"  of  deeds,  at 
page  102;  thence  north  42°  27'  west,  forty  three  and  twenty-nine  hun- 
dredths  (43.29)   chains;  to  an  intersection  with  the   north  boundary  line 


Act  2956a,  §  3  general  laws.  1834 

of  land  now  owned  by  Andrew  Hopkins  in  pection  four  (4);  thence, 
continuing  on  same  course,  forty-three  and  eleven  humlredths  (43.11) 
chains  to  township  line  between  townships  thirteen  and  fourteen  north, 
range  one  west,  at  a  point  seven  and  twenty-seven  hundredths  (7.27) 
chains  west  of  the  quarter  section  corner  between  said  section  four  (4)  and 
section  thirty-three  (33)  in  township  fourteen  (14)  north,  range  one  (1) 
west;  thence  west  to  the  quarter  section  corner  between  sections  five  (5), 
towushi])  thirteen  (13)  north,  range  one  (1)  west,  and  section  thirty-two 
(32)  in  township  fourteen  (14)  north,  range  one  (1)  west,  Mount  Diablo 
base  and  meridian;  thence  north  to  the  center  of  section  twenty-nine  (29) 
township  fourteen  (14)  north,  range  one  (1)  west;  thence  east  t-o  the  center 
of  section  twenty-seven  (27)  said  township  and  range;  thence  north  to 
the  center  of  the  south  half  of  section  twenty  two  (22),  said  township 
and  range;  thence  east  to  the  northeast  corner  of  the  southeast  quarter 
of  the  southeast  quarter  of  said  section  twenty-two  (22);  thence  north 
to  the  quarter  section  corner  between  sections  twenty-two  (22)  and 
twenty-three  (23),  thence  east  to  the  quarter  section  corner  between 
sections  twenty-three  (23)  and  twenty  four  (24),  said  township  and 
range;  thence  north  to  the  northwest  corner  of  the  southwest  quarter 
of  the  northwest  quarter  of  said  section  twenty-four  (24) ;  thence  east 
to  the  center  of  the  northwest  quarter  of  said  section  twenty-four  (24); 
thence  north  to  the  south  line  of  section  thirteen  (13)  same  township 
and  range;  thence  west  to  the  southwest  corner  of  said  section  13; 
thence  north  to  the  quarter  section  corner  between  sections  thirteen 
(13)  and  fourteen  (14),  same  township  and  range;  thence  east,  through 
the  center  of  said  section  thirteen  (13)  to  the  quarter  section  corner 
between  sections  13  and  18  on  the  meridian  line  between  ranges  one 
(1)  west  and  one  (1)  east;  thence  south  along  the  meridian  line,  and 
east  boundary  of  said  section  thirteen  (13)  and  twenty-four  (24)  to 
the  southwest  corner  of  the  northwest  quarter  of  the  northwest  quarter 
of  section  nineteen  (19)  in  township  fourteen  (14)  north,  range  one 
(1)  east,  M.  D.  M.;  thence  east  to  the  midsection  line  running  north 
and  south  through  the  center  of  said  section  nineteen  (19);  thence  south 
to  the  southeast  corner  of  the  northeast  quarter  of  the  northwest  quar 
ter  of  section  thirty  (30),  said  township  and  range;  thence  west  to  the 
center  of  the  northwest  quarter  of  said  section  thirty  (30);  thence 
south  to  the  midsection  line  running  east  and  west  through  said  section 
thirty  (30);  thence  east  to  the  center  of  said  section  thirty  (30);  thence 
south  to  the  southwest  corner  of  the  northwest  quarter  of  the  northeast 
quarter  of  section  thirty-one  (31);  thence  east  to  the  center  of  the  north- 
east quarter  of  said  section  thirty-one  (31);  thence  south  to  the  mid- 
section line  running  east  and  west  through  said  section  thirty-one  (31); 
thence  east  to  the  east  line  of  said  section  thirty-one  (31);  thence  north 
to  the  southeast  corner  of  the  northeast  quarter  of  the  southeast  quarter 
of  said  section  thirty  (30)  thence  west  to  the  center  of  the  southeast 
quarter  of  said  section  thirty  (30);  thence  north  to  the  midsection  lino 
running  east  and  west  through  the  center  of  said  section   thirty   (30); 


1835  RECLAMATION   DISTRICTS.  Act  2956a,  §  3 

thence  east  to  the  east  line  of  said  section  thirty;  thence  north  to  the 
southeast  corner  of  the  northeast  quarter  of  the  northeast  quarter  of 
said  section  thirty  (30);  thence  east  to  the  midsection  line  running  north 
and  south  through  the  center  of  section  twenty-nine  (29),  same  town- 
ship and  range;  thence  north  to  the  north  line  of  said  section  twenty- 
nine  (29);  thence  east  to  the  northeast  corner  of  the  northwest  quarter 
of  the  northeast  quarter  of  said  section  twenty  nine  (29);  thence  south 
to  the  midsection  line  running  east  and  west  through  the  center  of  said 
section  twenty-nine  (29);  thence  east  to  the  center  of  section  twenty- 
eight  (28)  in  said  township  fourteen  (14)  north,  range  one  (1)  east; 
thence  south  to  the  southeast  corner  of  the  northeast  quarter  of  the 
southwest  quarter  of  section  thirty-three  (33)  said  township  and  range; 
thence  west  to  the  center  of  the  southwest  quarter  of  said  section  thirty- 
three  (33);  thence  north  to  the  midsection  line  running  east  and  west 
through  the  center  of  said  section  thirty  three  (33);  thence  west  to  the 
west  line  of  said  section  thirty-three  (33);  thence  south  to  the  southwest 
corner  of  section  thirtj^-three  (33);  thence  east  to  the  southwest  corner 
of  the  southeast  quarter  of  the  southwest  quarter  of  said  section  thirty- 
three  (33);  thence  south  to  the  center  of  the  northwest  quarter  of  sec- 
tion four  (4)  in  township  thirteen  (13)  north,  range  one  (1)  east, 
M.  D.  M.;  thence  west  to  the  west  line  of  said  section  four  (4);  thence 
south  to  the  quarter  section  corner  between  sections  four  (4)  and  five 
(5)  in  said  last-mentioned  township  and  range;  thence  east  to  the  south- 
east corner  of  the  southwest  quarter  of  the  northwest  quarter  of  said 
section  four  (4) ;  thence  north  to  the  center  of  the  northwest  quarter 
of  said  section  four  (4);  thence  east  to  the  east  line  of  said  section  four 
(4) ;  thence  north  to  the  northeast  corner  of  said  section  four  (4)  and 
the  township  line;  thence  east  along  said  township  line  between  town- 
ships thirteen  (13)  and  fourteen  (14)  north,  range  one  (1)  east,  to  the 
quarter  section  corner  between  sections  thirty-five  (35)  in  township 
fourteen  (14)  north,  range  one  (1)  east,  and  section  two  (2)  in  township 
thirteen  (13)  north,  range  one  (1)  east,  M.  D.  M.;  thence  south  to  the 
center  of  said  section  two  (2);  thence  east  to  the  east  line  of  said 
section  two  (2);  thence  south  to  the  quarter  section  corner  between 
sections  eleven  (11)  and  twelve  (12)  in  said  township  thirteen  (13) 
north,  range  one  (1)  east;  thence  west  to  the  center  of  the  east  half 
of  said  section  eleven  (11);  thence  south  to  the  south  line  of  said  sec- 
tion eleven  (11);  thence  west  to  the  quarter  section  corner  between 
sections  eleven  (11)  and  fourteen  (14)  in  said  township  and  range; 
thence  south  to  the  center  of  said  section  fourteen  (14);  thence  west 
to  the  west  line  of  section  fourteen  (14);  thence  south  to  the  southwest 
corner  of  said  section  fourteen  (14);  thence  west  to  the  southwest 
corner  of  the  southeast  quarter  of  the  southeast  quarter  of  section 
fifteen  (15);  same  township  and  range;  thence  south  to  the  south  line 
of  section  twenty-seven  (27),  same  township  and  range;  thence  west 
to  the  quarter  section  corner  between  sections  twenty  seven  (27)  and 
thirty-four    (34)    same   township    and   range;    thence   south,   through   the 


Act  2966a,  §§  1, 2  general  laws.  1836 

center  of  said  section  thirty-four  (34)  to  the  south  line  of  said  section 
thirty-four  (34)  and  the  township  line;  thence  east,  along  the  township 
line  to  the  right  or  west  bank  of  the  Sacramento  river;  thence  south- 
easterly, along  and  with  the  said  right  or  west  bank  of  the  said  Sacra- 
mento river  to  the  intersection  with  the  east  boundary  line  of  section 
twelve  (12)  in  township  twelve  (12)  north,  range  one  (1)  east;  thence 
south,  along  the  east  line  of  said  section  twelve  (12)  to  its  intersection 
with  the  right  bank  of  said  Sacramento  river;  thence  down  the  right 
or  west  bank  of  said  Sacramento  river,  southerly  to  the  point  of  begin- 
ning. 

§  4.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of 
this  act,  are  hereby  repealed. 

ACT  2966a. 

An  act  excluding  certain  lands  from  Reclamation  District  No.  535,  and 
providing  for  the  continuance  of  said  district  as  to  the  remaining 
lands  within  the  boundaries  thereof,  and  providing  that  the  lands 
so  excluded  shall  be  liable  for  their  just  proportion  of  the  legal 
indebtedness  of  said  district,  when  the  same  shall  be  ascertained 
by  law. 
[Approved  December  18,   1911.     Stats.  Ex.  Sess.   1911,  p.   12.] 

Exclusion  of  lands  from  Reclamation  District  No.  535. 

§  1.  Ail  that  portion  of  Reclamation  District  No.  53.'),  embracing 
Liuds  within  the  county  of  Sacramento,  which  lie  within  the  limits  of 
the  city  of  Sacramento  as  they  now  exist,  are  hereby  excluded  from  the 
said  reclamation  district,  but  without  prejudice  to  the  right  of  the 
said  reclamation  district  to  exist  and  continue  as  to  the  remaining  lands 
\\ithin  the  boundaries  thereof.  The  lands  so  excluded  shall  be  liable 
for  their  just  proportion  of  the  legal  indebtedness  of  said  Reclamation 
District  No.  535,  when  the  same  shall  be  ascertained  by  law. 

Declaration   of  urgency.     Statement   of   facts.     Annexation   of   city   of 

Sacramento.  Conflict  of  jurisdiction. 
§  2.  This  act  is  hereby  declared  to  be  an  urgency  measure  within 
the  meaning  of  section  1,  article  4  of  the  constitution  and  is  deemed 
necessary  for  the  immediate  preservation  of  the  public  peace,  health, 
and  safety.  The  following  is  a  statement  of  the  fact  constituting  such 
necessitj':  That  Reclamation  District  No.  535  is  a  reclamation  district 
organized  and  existing  under  the  laws  of  the  state  of  California;  that 
an  election  was  held  in  accordance  with  law  on  the  twelfth  day  of 
Soi)tembcr,  1011,  for  the  purpose  of  determining  whether  certain  ad- 
jacent territory  should  be  annexed  to  the  city  of  Sacramento  embracing 
among  other  land  to  be  annexed  a  portion  of  the  land  included  Within 
the  boundaries  of  said  Reclamation  District  No.  535  and  subject  to  the 
jurisdiction  thereof;  that  at  said  election  it  was  duly  voted  to  include 


1837  RECLAMATION  DISTRICTS.  Act  2966b,  §§  1,  2 

such  portion  of  said  land  within  the  city  of  Sacramento,  and  that  by 
proceodinos  duly  had  after  due  and  legal  notice  given  such  portion  of 
said  Reclamation  District  No.  535  is  now  embraced  within  the  bound- 
aries of  the  city  of  Sacramento,  as  they  now  exist  and  as  srich  is  subject 
to  the  jurisdiction  of  the  city  of  Sacramento  as  to  the  levying  of 
assessment  and  collection  of  taxes,  building  of  levees,  promotion  of 
drainage  and  protection  from  overflow;  that  to  avoid  a  conflict  of 
jurisdiction  as  to  the  right  to  give,  control  and  regulate  the  same  and 
to  impose  taxes  and  assessments  thereon,  and  to  establish  a  system  of 
sewers  and  drainage  therein,  it  is  essential  that  all  that  portion  of 
Reclamation  District  No.  535  embracing  lands  within  the  limits  of  the 
city  of  Sacramento  as  they  now  exist  and  being  such  land  as  became 
a  part  of  the  city  of  Sacramento  by  virtue  of  the  election  aforesaid 
should  be  excluded  from  said  Reclamation  District  No.  535  without 
prejudice  to  the  right  of  the  said  reclamation  district  to  exist  as  to  the 
remaining  lands  within  the  boundaries  thereof. 

ACT  2966b. 

An  act  to  create  a  reclamation  district  to  be  called  "Reclamation  Dis- 
trict No.  832,"  and  providing  for  the  control  and  management 
thereof. 

[Approved  April  8,  1911.     Stats.  1911,  p.  808.] 

Reclamation  District  No.  232. 

§  1.  A  reclamation  district  is  hereby  created,  to  be  called  "Reclama- 
tion District  No.  832,"  and  the  boundaries  of  such  reclamation  dis- 
trict shall  be  as  follows: 

Commencing  at  the  northeast  corner  of  section  eight  (8),  township 
seventeen  (17)  north,  range  two  (2)  east;  thence  west  one  (1)  mile  to 
the  northwest  corner  of  said  section  eight  (8);  thence  south  one  (1)  mil© 
to  the  southwest  corner  of  said  section  eight  (8);  thence  west  to  Butte 
creek;  thence  southerly  along  said  Butte  creek  to  the  south  boundary 
line  of  Butte  county;  thence  on  a  direct  line  to  the  center  of  section 
thirty  two  (32),  township  seventeen  (17)  north,  range  one  (1)  east, 
county  of  Sutter,  state  of  California;  thence  east  six  (6)  miles  to  the 
center  of  section  thirty-two  (32),  township  seventeen  (17)  north,  range 
two  (2)  east;  thence  north  one-half  (Vo)  mile  to  the  north  line  of  said 
section  thirty-two  (32);  thence  east  one-half  (i^)  mile  to  the  northeast 
corner  of  said  section  thirty-two  (32);  thence  north  four  (4)  miles  to 
the  place  of  beginning. 

Control. 

§  2.  The  management  and  control  of  said  reclamation  district  is 
hereby  made  subject  to  the  provisions  of  the  Political  Code  of  the  state 
of  California  and  other  laws  of  this  state  relative  to  reclamation 
districts  formed  under  the  provisions  of  said  Political  Code. 


Acts  2966c,  2966d        '     general  laws.  1838 

§  3.  All  acta  and  parts  of  acts  inconsistent  with  the  provisions  of 
this  act  are  hereby  repealed. 

This  act  shall  take  effect  immediately. 

ACT  2966c. 

An  act   to  create  a  reclamation  district  to  be  called   "Reclamation   Dis 

trict    No.    833,"    and    providing    for    the    control    and    management 

thereof. 

[Approved    April    8,    1911.     Stats.    1911,    p.    809.] 

Reclamation  District  No.  833.  » 

§  1.  A  reclamation  district  is  hereby  created,  to  be  called  "Recla- 
mation District  Xo.  833,"  and  the  boundaries  of  such  reclamation 
district  shall  be  as  follows: 

(.'onimencing  at  a  point  where  the  north  boundary  line  of  township 
seventeen  (17)  north,  range  three  (3)  east  crosses  the  west  line  of 
drainage  district  number  one  (1)  of  Butte  county;  thence  northerly 
aloug  said  west  line  of  said  drainage  district  to  the  Butte  county  canal; 
thence  northerly  along  said  Butte  county  canal  to  a  point  where  said 
canal  crosses  the  north  boundary  line  of  township  eighteen  (18)  north, 
range  three  (3)  east;  thence  west  on  township  line  to  the  Spring  Valley 
canal;  thence  southwesterly  along  said  Spring  Valley  canal  to  the  north 
boundary  line  of  township  seventeen  (17)  north,  range  one  (1)  east; 
thence  west  on  said  township  line  to  Butte  creek;  thence  southerly  along 
Butte  creek  to  the  north  line  of  section  eighteen  (18),  township  seven- 
teen (17)  north,  range  one  (1)  east;  thence  east  along  section  line  to  the 
southwest  corner  of  section  eight  (S),  township  seventeen  (17)  north, 
range  two  (2)  east;  thence  north  one  (1)  mile  to  the  northwest  corner 
of  said  section  eight  (8);  thence  east  five  (5)  miles  to  the  west  boundary 
line  of  township  seventeen  (17)  north,  range  three  (3)  east;  thence  north 
one  (1)  mile;  thence  east  to  the  place  of  beginning  in  the  county  of 
Butte,  state  of  California. 

Control. 

§  2.  The  management  and  control  of  said  reclamation  district  is 
hereby  made  subject  to  the  provisions  of  the  Political  Code  of  the  state 
of  California  and  other  laws  of  this  state  relative  to  reclamation 
districts  formed  under  the  provisions  of  said  Political  Code. 

§  3.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of 
this  act  are  hereby  repealed. 

§  4.     This  act  shall  take  effect  immediately. 

ACT  2966d. 

An  act  to   create   a  reclamation   district  to  be   called   "Reclamation   Dis- 
trict   No.    831,"    and    providing    for    the    control    and    management 
thereof.     [Approved   April   8,    1911.     Stats.    1911,   p.   830.] 
Repealed  May  24,   1913    (Stats.   1913,  p.   251). 


1830  EECLAMATION  DISTRICTS.  Act  29GG'i,  §  1 

ACT  2966e. 

An  act  to  create  a  reclamation  district  to  be  called  Reclamation  District 
No.  1001,  and  providing  for  the  management  and  control  thereof, 
and  dissolving  certain  levee  districts,  swamp  land  districts  and 
reclamation  districts  within  the  boundaries  of  said  Reclamation  Dis- 
trict No.  1001,  and  providing  for  the  liquidation  and  winding  up 
of  said  dissolved  districts. 

[Approved  April  8,  1911.     Stats.  1911,  p.  831.] 

Reclamation  District  No.  1001.     Boundaries. 

§  1.  A  reclamation  district  is  hereby  created,  to  be  called  Reclama- 
tion District  No.  1001,  and  the  boundaries  of  said  reclamation  district 
shall  be  as  follows: 

Beginning  at  a  point  on  the  left  bank  of  the  Sacramento  river,  672 
feet  north  and  1834  feet  west  of  the  southeast  corner  of  section  23,  town- 
ship 11  north,  range  3  east,  M.  D.  B.  &  M.,  and  running  thence  north 
34°  30'  east,  a  distance  of  3460  feet  to  a  point  in  the  east  line  of  said 
section  23,  1660  feet  south  of  the  northeast  corner  thereof;  thence  north 
55°  30'  east,  a  distance  of  4.76  miles  to  a  point  in  the  west  line  of  the 
land  now  owned  and  occupied  by  the  Northern  Electric  Railway  Com- 
pany, a  corporation,  the  same  being  commonly  known  as  the  railroad 
right  of  way  of  said  company;  said  point  being  2445  feet  north  and  1173 
feet  west,  of  the  southeast  corner  of  section  4,  township  11  north,  range 
4  east;  thence  north  24°  30'  west,  along  the  westerly  right  of  way  line 
of  said  Northern  Electric  Railway  Company,  a  distance  of  1.97  miles, 
to  a  point  where  the  railroad  of  said  company  curves  to  the  right,  thence 
continuing  along  the  westerly  right  of  way  line  of  said  railway  com- 
pany, running  north  0°  13'  east,  a  distance  of  5.75  miles,  to  a  point  in 
the  south  line  of  section  29,  township  13  north,  range  4  east,  M.  D.  B. 
&  M.;  thence  east  a  distance  of  4270  feet  to  the  west  line  of  the  land 
now  owned  and  occupied  bj'  the  Western  Pacific  Railway  Company,  a 
corporation;  thence  north  8°  46'  west,  along  the  westerly  line  of  said 
railway  company's  right  of  way,  a  distance  of  1341  feet  to  the  line 
between  the  north  and  south  halves  of  the  southeast  quarter  of  section 
28;  thence  east  a  distance  of  1296  feet  to  a  point  in  the  east  line  of. 
said  section  28;  thence  north  along  the  east  line  of  said  section  28,  a 
distance  of  2640  feet  to  the  southwest  corner  of  the  northwest  quarter  of 
the  northwest  quarter  of  section  27,  township  13  north,  range  4  east, 
M.  D.  B.  &  M.;  thence  east  a  distance  of  1320  feet  to  the  southeast  corner 
of  said  northwest  quarter  of  the  northwest  quarter  of  section  27;  thence 
north  1320  feet  to  a  point  on  the  section  line  between  sections  22  and 
27;  thence  east  1320  feet  to  the  quarter  section  corner  between  sections 
22  and  27;  thence  north  2640  feet  to  the  center  of  section  22;  thence 
east  5280  feet  to  the  center  of  section  23;  thence  north  1320  feet;  thence 
east  along  the  line  through  the  center  of  northeast  quarter  of  section  23 
a.nd  northwest  quarter  of  section  24,  a  distance  of  52S0  feet,  to  a  point 


Act  296Ge,  §  1  general  laws.  18-10 

in  the  line  between  the  east  and  west  halves  of  section  24;  thence  north 
1320  feet  to  the  quarter  section  corner  between  sections  13  and  24; 
thence  enst  2640  feet  to  the  corner  of  sections  13,  IS,  19  and  24,  town- 
ship 13  north,  ranges  4  and  5  cast,  M.  D.  B.  &  M.;  thence  east  along  the 
south  line  of  sections  18  and  17,  a  distance  of  8802  feet;  thence  so\ith 
1320  feet;  thence  east  2640  feet;  thence  south  1320  feet;  thence  east, 
following  a  line  through  the  center  of  section  21,  a  distance  of  3960 
feet,  to  the  quarter  section  corner  between  sections  21  and  22;  thence 
north  along  the  east  line  of  sections  21  and  16,  a  distance  of  52S0  feet 
to  the  quarter  section  corner  between  sections  15  and  16;  thence  east 
1320  feet;  thence  north  2640  feet  to  a  point  in  the  north  line  of  section 
15;  thence  east  along  the  north  line  of  said  section  15,  a  distance  of 
2640  feet;  thence  north  1320  feet;  thence  east  3960  feet;  thence  north 
1320  feet,  to  the  center  of  section  11,  thence  east  1320  feet;  thence  north 
204f)  feet  to  a  ftoint  in  the  north  line  of  section  11;  thence  east  along  the 
north  line  of  sections  11  and  12,  a  distance  of  1980  feet  to  a  point; 
thence  north  2894  feet  to  a  point  254  feet  north,  and  660  feet  east  of  the 
quarter  section  corner  between  sections  1  and  2,  township  13  north, 
range  5  east,  M.  B.  D.  &  M.,  said  jioint  being  in  the  center  line  of  Bear 
river,  said  center  line  being  [)articiilarly  defined  as  being  150  feet  north- 
erly, and  parallel  with  the  base  of  the  levee  now  constructed  along  the 
south  bank  of  Bear  river;  thence  following  said  center  line  of  Bear 
liver,  running  south  89°  west,  4213  feet;  thence  north  77"  30'  west,  744 
feet;  thence  south  70°  45'  west,  1272  feet;  thence  south  44°  40'  west, 
4505  feet;  thence  south  83°  35'  west,  1124  feet;  thence  south  76°  15' 
west,  a  distance  of  910  feet  to  a  point  in  the  west  line  of  section  10, 
township  13  north,  range  5  east,  4290  feet  north  of  the  southwest  corner 
thereof;  said  west  line  of  said  section  10,  being  the  division  line  between 
Placer  and  Sutter  counties;  thent'e  continuing  along  said  center  line  of 
Bear  river  south  84°  40'  west,  a  distance  of  1118  feet  to  a  point;  thence 
south  73°  45'  west,  a  distance  of  4350  f(t't  to  a  jmint  in  the  west  lino 
of  section  9,  township  13  north,  range  5  east,  29S8  feet  north  of  the 
southwest  corner  thereof;  thence  south  75°  west,  a  distance  of  1403 
feet  to  a  point;  thence  south  8S°  21'  west,  a  distance  of  664.»  feet; 
thence  north  89*  57'  west,  a  distance  of  427  feet;  thence  north  84°  26' 
west,  a  distance  of  385  feet;  thence  north  80°  21'  west,  a  distance  of 
707  feet;  thence  north  76°  14'  west,  a  distance  of  701.6  feet;  thence 
south  S9°  34'  west,  a  distance  of  528.5  feet;  thence  south  85°  16'  west,  a 
distance  of  528.2  feet  to  a  point  in  the  west  line  of  section  8,  township 
13  north,  range  5  east,  28S2.7  feet  north  of  the  southwest  corner  thereof; 
thence  continuing  along  said  center  line  of  Bear  river  running  south  S3' 
54'  west,  a  distance  of  521  feet;  thence  south  81°  48'  west,  a  distance  of 
597  feet;  thence  south  81°  33'  west,  a  distance  of  322  feet;  thence  south 
84°  39'  west,  a  distance  of  307  feet;  thence  south  70°  23'  west,  a  distance 
of  390  feet;  thence  south  69°  30'  west,  a  distance  of  768  feet;  thence 
south  67°  25'  west,  a  distance  of  941  feet;  thence  south  72°  36'  west, 
a  distance  of  1077  feet;  thence  south  76°  3'  west,  a  distance  of  797  feet; 


1841  RECLAMATION  DISTRICTS,  Act  2966e,  §  2 

tlicuee  south  77°  08'  west,  a  distance  of  449  feet;  thence  south  71°  58' 
v.est,  a  distance  of  528  feet;  thence  south  71°  43'  west,  a  distance  of 
398  feet;  thence  south  72°  28'  west,  a  distance  of  341  feet;  thence  south 
76°  28'  west,  a  distance  of  357  feet  to  a  point  in  the  north  and  south 
center  line  of  section  12,  township  13  north,  range  4  east;  thence  leaving 
said  center  line  of  Bear  river  and  running  south  83°  31'  west,  a  distance 
of  5854.4  feet  to  a  point  in  the  boundary  line  between  Sutter  and  Yuba 
counties,  said  point  being  85  feet  north  and  600  feet  west  of  the  quarter 
section  corner  between  sections  11  and  14,  township  13  north,  range  4 
east,  M.  D.  B.  &  M.;  thence  in  a  westerly  and  southwesterly  direction 
following  the  said  boundary  line  between  said  counties  of  Sutter  and 
Yuba,  to  a  i)oint  on  the  left  bank  of  the  Feather  river,  at  the  junction 
of  Bear  and  Feather  rivers;  thence  in  a  southwesterly  direction  along  the 
left  bank  of  the  Feather  river,  following  the  meanderings  thereof,  to 
where  the  same  intersects  the  Sacramento  river;  thence  down  the  left 
bank  of  said  Sacramento  river,  following  the  meanderings  thereof,  to 
the  point  of  beginning. 

Control.  Trustees.  Election  of.  Jurisdiction.  Funds  deposited.  Pow- 
ers.    What  laws  apply. 

§  2.  The  management  and  control  of  the  said  district  is  hereby  made 
subject  to  the  provisions  of  the  Political  Code  of  the  state  of  California, 
and  other  laws  of  the  state,  relative  to  reclamation  districts  formed 
under  the  provisions  of  the  said  Political  Code,  or  such  as  may  be 
hereafter  enacted. 

The  management  and  control  of  the  said  district  shall  be  vested  in 
three  (3)  trustees.  H.  L.  Hansen  and  C.  W.  McConaughy  are  hereby 
ajipointed  to  act  as  trustees  of  the  said  district  in  conjunction  with  a 
third  trustee,  who  shall  be  appointed  by  the  board  of  supervisors  of  the 
county  of  Sutter,  at  the  next  regular  meeting  of  the  said  board  after 
the  passage  of  this  act;  and  the  said  H.  L.  Hansen  and  the  said  C.  W. 
McConaughy  and  the  third  trustee  so  appointed  shall  hold  office  as  such 
trustees  until  their  successors  are  elected  and  qualified.  An  election  of 
three  trustees  shall  be  held  in  the  said  district  on  the  first  Monday  in 
May,  1911,  and  every  two  years  thereafter,  and  the  term  of  office  shall 
be  two  years,  and  until  their  successors  are  elected  and  qualified.  In 
case  of  any  vacancy  in  the  office  of  trustee  of  the  said  district,  the  board 
of  supervisors  of  the  said  county  of  Sutter  shall  appoint  a  qualified  per- 
son as  trustee,  who  shall  hold  the  said  office  for  the  unexpired  term. 
The  office  of  the  said  district  shall  be  in  Y^uba  City,  county  of  Sutter. 
The  board  of  supervisors  of  the  county  of  Sutter  shall  have  jurisdiction 
of  all  matters  concerning  said  district.  All  funds  of  the  said  district 
shall  be  deposited  in  the  county  treasury  of  the  said  county  of  Sutter, 
and  shall  be  disbursed  by  the  treasurer  of  the  said  county  of  Sutter  in 
payment  of  the  warrants  of  the  said  district.  The  said  district  shall 
have  power  to  make  by-laws  in  conformity  with  the  provisions  of  law, 
and  shall  have  all  the  rights  and  powers  which  are  now  or  may  hereafter 
116 


Act  2966e,  §  3  general  laws.  1842 

be  conferred  by  the  provisions  of  the  Political  Code,  or  by  other  laws  of 
the  state,  upon  reclamation  or  swamp  land  districts,  and  shall  also  have 
the  right  and  power  of  purchasing  real  and  personal  property  and  rights 
of  way,  within  the  boundaries  of  said  district,  or  outside  thereof,  that 
may  be  necessary  or  desirable  to  carry  out  the  purposes  of  the  said 
district,  or  to  acquire  the  same  by  condemnation  proceedings,  in  the 
manner  provided  by  law,  and  shall  have  the  right  and  power  to  join 
in  with  other  reclamation  districts,  levee  districts,  or  swamp  land  dis- 
tricts, or  other  persons,  in  the  construction  and  maintenance  of  levee 
and  reclamation  works,  and  to  contract  as  to  the  same,  and  also  to  do 
all  other  acts  and  things  that  may  be  lawfully  done  by  any  reclamation 
district.  All  laws  and  parts  of  laws,  now  existing,  or  that  may  hereafter 
be  enacted,  relative  to  the  qualification  of  electors  for  trustees,  election 
of  trustees,  levy  and  collection  of  assessments,  disbursements  of  funds, 
and  the  management  and  control  of  reclamation  districts,  and  in  and  to 
all  other  matters  pertaining  to  the  management,  control,  or  administra- 
tion of  reclamation  districts  are,  so  far  as  the  same  may  be  applicable, 
made  a  part  of  this  act,  and  shall  be  deemed  to  be  incorporated  herein. 

Districts  dissolved.     Districts  excluded. 

§  3.  All  reclamation  districts,  levee  districts,  and  swamp  land  dis- 
tricts wholly  situated  within  the  boundaries  of  said  district,  are  hereby 
dissolved  except  for  the  purposes  of  liquidation  and  the  disposition  of 
property,  and  for  these  purposes  only  the  existence  of  said  districts  is 
continued.  Each  of  said  reclamation  districts,  levee  districts,  or  swamp 
land  districts,  shall  pay  all  legal  outstanding  indebtedness  that  each  may 
resjiectively  owe,  and  may  cause  assessments  or  taxes  to  be  levied  and 
collected  therefor,  and  may  sell  and  dispose  of  any  levees  and  other 
works  of  reclamation  and  property  belonging  to  any  of  such  districts, 
to  the  said  Reclamation  District  No.  1001,  and  may  use  the  proceeds 
received  from  such  sale  for  the  purpose  of  paying  such  indebtedness, 
and  shall  divide  the  excess  of  such  proceeds,  if  any  there  be,  among 
the  land  owners  of  land  within  such  dissolved  district  in  the  propor- 
tion which  the  last  assessment  or  tax  assessed  against  each  tract  of 
land,  as  shown  by  the  last  assessment-roll  or  list  within  such  dissolved 
district,  shall  bear  to  the  total  amount  of  the  assessment  or  tax  levied 
or  assessed  by  the  said  last  assessment  roll  or  list,  on  all  the  lan';> 
within  such  dissolved  districts;  provided,  that  in  the  event  that  a  sale 
of  any  of  such  levees  or  other  works  of  reclamation  or  property  shall 
be  aj;reed  upon,  and  the  parties  are  unable  to  agree  upon  the  price 
to  be  paid  therefor,  then  the  question  of  what  price  shall  be  paid  there- 
for shall  be  determined  by  a  board  of  arbitration  to  consist  of  three 
members  to  be  appointed  by  the  board  of  supervisors  of  the  said  county 
of  Sutter,  a  majority  of  whom  must  unite  in  the  decision,  and  the 
decision  of  a  majority  of  said  board  of  arbitration  shall  be  final  and 
conclusive. 

Any  lands  within  the  boundaries  of  said  Reclamation  District  No. 
1001,  and  now  included  in  any  reclamation  district,  however  formed  or 


1843  KECLAMATION  DISTRICTS.  Act  2966f,  §  1 

existing,  and  which  reclamation  district  is  not  wholly  situated  within 
the  boundaiies  of  said  Reclamation  District  No.  1001,  are  hereby  excluded 
from  said  reclamation  district  now  existing,  and  included  within  the  said 
Reclamation  District  No.  1001;  provided,  however,  that  the  said  lands 
so  excluded  from  any  such  existing  district  shall  be  liable  for  its  just 
proportion  of  the  existing  indebtedness  of  any  such  existing  district. 

Repeal  of  inconsistent  acts. 

§  4.  All  acts,  and  parts  of  acts,  inconsistent  with  the  provisions  of 
this  act,  and  all  acts  creating  any  reclamation  districts,  levee  districts, 
or  swamp  land  districts,  wholly  within  the  above-described  boundaries 
of  said  Reclamation  District  No.  1001,  are  hereby  repealed. 

§  5.     This  act  shall  take  effect  from  and  after  its  passage. 

ACT  2966f. 

An  act  to  create  a  reclamation  district  to  be  called  Reclamation  District 
No.  1000,  and  providing  for  the  management  and  control  thereof, 
and  dissolving  certain  levee  districts,  swamp  land  districts,  and 
reclamation  districts  within  the  boundaries  of  said  Reclamation 
District  No.  lOOt),  and  providing  for  the  liquidation  and  winding 
up  of  said  dissolved  districts. 

[Approved  April  8,  1911.     Stats.  1911,  p.  835.] 

Reclamation  District  No.  1000. 

§  1.  A  reclamation  district  is  hereby  created  to  be  called  Reclama- 
tion District  No.  1000,  and  the  boundaries  of  said  reclamation  district 
shall  be  as  follows: 

Beginning  at  a  point  on  the  left  bank  of  the  Sacramento  river,  1320 
feet  east  of  the  section  line  between  sections  26  and  27,  township  9 
north,  range  4  east,  M.  D.  B.  &  M.,  and  running  thence  in  a  straight  line 
north  69°  30'  east,  a  distance  of  9890  feet  to  the  corner  common  to  sec- 
tions 19,  24,  25  and  30,  township  9  north,  ranges  4  and  5  east,  M.  D.  B. 
&  M.,  thence  east  a  distance  of  4870  feet  to  the  west  line  of  the  land 
now  owned  and  occupied  by  the  Western  Pacific  Railway  Company, 
a  corporation,  the  same  being  commonly  known  as  the  railroad  right 
of  way  of  said  company;  thence  north  8°  46'  west,  along  the  westerly 
line  of  said  railway  company's  right  of  way,  a  distance  of  11.16  miles  to 
a  point  near  the  center  of  section  26,  township  11  north,  range  4  east,  M. 
D.  B.  &  M.,  at  whicb  point  the  said  westerly  right  of  way  line  of  the 
Western  Pacific  Railway  Company  intersects  the  west  line  of  the  land 
now  owned  and  occupied  by  the  Northern  Electric  Railway  Company,  a 
corporation  the  same  being  commonly  known  as  the  railroad  right  of 
way  of  said  company;  thence  north' 24°  30'  west,  along  the  westerly 
right  of  way  line  of  said  Northern  Electric  Railway  Company,  a  dis- 
tance of  4.27  miles,  to  a  point  in  section  4,  township  11  north,  range  4 
east,  M.  D.  B.  &  M.,  2445  feet  north  and  1173  feet  west  of  the  southeast 
corner  of  said  section  4;  thence  south  55°   30'  west,   a  distance  of  4.76 


Act  2966f,  §  2  GENERAL   LAWS.  1844 

miles  to  a  point  in  the  east  line  of  section  23,  township  11  north,  range 
3  east,  M.  D.  B.  &  M.,  1660  feet  south  of  the  northeast  corner  thereof; 
thence  south  34°  30'  west,  a  distance  of  34C0  feet  to  a  point  on  the  left 
bank  of  the  Sacramento  river,  672  feet  north  and  1834  feet  west  of  the 
southeast  corner  of  said  section  23;  thence  in  a  southerly  and  south- 
easterly direction,  down  the  left  bank  of  the  Sacramento  river,  follow- 
ing the  meaiidcrings  thereof,  to  the  point  of  beginning. 

Control,     Election  of  trustees.    Vacancy.     Funds  deposited.     Eights  and 
powers.     What  laws  apply. 

§  2.  The  management  and  control  of  said  Reclamation  District  No. 
1000  is  herebj'  made  subject  to  the  provisions  of  the  Political  Code  of 
the  state  of  California,  and  other  laws  of  this  state,  relative  to  reelama 
tion  districts,  formed  under  the  provisions  of  said  Political  Code,  or  such 
as  may  be  hereafter  enacted.  The  management  and  control  of  said 
Kcclamation  District  No.  1000  shall  be  vested  in  three  trustees,  and  the 
governor  shall  appoint  three  trustees  who  shall  hold  office  until  their 
successors  are  elected  and  qualified.  An  election  of  three  trustees  shall 
be  held  in  said  district  on  the  first  Monday  in  May,  1911,  and  every 
two  years  thereafter,  and  the  term  of  office  sliall  be  two  years,  and  until 
their  successors  are  elected  and  qualified.  In  case  of  any  vacancy  in 
the  office  of  trustee  of  said  district,  the  board  of  supervisors  of  the 
county  of  Sacramento  shall  appoint  a  qualified  person  as  trustee,  who 
shall  hold  said  office  for  the  unexpired  term.  The  office  of  said  district 
shall  be  in  the  city  of  Sacramento,  and  the  board  of  supervisors  of  the 
county  of  Sacramento  shall  have  pnisdiction  of  all  matters  concerning 
said  district.  All  funds  of  said  district  shall  be  deposited  in  the  county 
treasury  of  said  county  of  Sacramento,  an<l  shall  be  disbursed  by  the 
treasurer  of  said  county  in  payment  of  the  warrants  of  said  district. 

The  said  district  shall  have  power  to  make  by  laws  in  conformity  with 
the  provisions  of  law,  and  shall  have  all  the  rights  and  powers  which 
are  now  or  may  hereafter  be  conferred  by  the  provisions  of  the  Political 
<^'ode,  or  by  other  laws  of  the  state,  upon  reclamation  or  swamp  land  dis- 
tricts, and  shall  also  have  the  right  and  power  of  purchasing  real  and 
])orsonal  property  and  rights  of  way,  within  the  boundaries  of  said  dis- 
trict, or  outside  thereof,  that  may  be  necessary  or  desirable  to  carry 
out  the  purposes  of  said  district,  or  to  acquire  the  same  by  condemna- 
tion proceedings,  in  the  uianner  provided  by  law,  and  shall  have  the 
right  and  power  to  .ioin  in  with  other  reclamation  districts,  levee  dis- 
tricts, or  swamp  land  districts,  or  other  persons,  in  the  construction 
."nd  maintenance  of  levee  and  reclamation  works,  and  to  contract  as  to 
the  same,  and  also  to  do  all  other  acts  and  things  that  may  be  lawfully 
done  by  any  reclamation  districL 

All  laws,  and  parts  of  laws,  now  existing,  or  that  may  hereafter  be 
enacted,  relative  to  the  qualification  of  electors  for  trustees,  election  of 
trustees,  levy  and  collection  of  assessments,  disbursements  of  funds,  and 
the  management  and  control  of  reclamation  districts,  and  in  and  to  all 


1845  RECLAMATION  DISTRICTS.  Act  2966g,  §  1 

other  matters  pertaining  to  the  management,  control,  or  administration 
of  reclamation  districts,  are,  so  far  as  the  same  may  be  applicable,  made 
a  part  of  this  act,  and  shall  be  deemed  to  be  incorporated  herein. 

Districts  dissolved, 

§  3.  All  reclamation  districts,  levee  districts,  and  swamp  land  dis- 
tricts wholly  or  partly  situated  within  the  boundaries  of  said  district, 
are  hereby  dissolved  except  for  the  purposes  of  liquidation  and  the  dis- 
position of  property,  and  for  these  purposes  only  the  existence  of  each 
of  said  districts  is  continued. 

Each  of  said  reclamation  districts,  levee  districts,  or  swamp  land 
districts  shall  pay  all  legal  outstanding  indebtedness  that  each  may 
respectively  owe,  and  may  cause  assessments  or  taxes  to  be  levied  and 
collected  therefor,  and  may  sell  and  dispose  of  any  levees  or  other  works 
of  reclamation  and  property  belonging  to  any  of  such  districts,  to  the 
said  Eeclamation  District  No.  1000,  and  may  use  the  proceeds  received 
from  such  sale  for  the  purpose  of  paying  such  indebtedness,  and  shall 
divide  the  excess  of  such  proceeds,  if  any  there  be  among  the  land 
owners  of  land  within  such  dissolved  district  in  the  proportion  which 
the  last  assessment  or  tax  assessed  against  each  tract  of  land,  as  shown 
by  the  last  assessment-roll  or  list,  within  such  dissolved  district,  shall 
bear  to  the  total  amount  of  the  assessment  or  tax  levied  or  assessed  by 
the  said  last  assessment-roll  or  list,  on  all  lands  within  such  dissolved 
districts;  provided,  that  in  the  event  that  a  sale  of  any  of  such  levees  or 
other  works  of  reclamation  or  property  shall  be  agreed  upon,  and  the 
parties  are  unable  to  agree  upon  the  price  to  be  paid  therefor,  then  the 
question  of  what  price  shall  be  paid  therefor,  shall  be  determined  by  a 
board  of  arbitration  to  consist  of  three  members  to  be  appointed  by  the 
board  of  supervisors  of  the  said  county  of  Sacramento,  a  majority  of 
whom  must  unite  in  the  decision,  and  the  decision  of  a  majority  of  said 
board  of  arbitration  shall  be  final  and  conclusive. 

§  4.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this 
act,  and  all  acts  creating  any  reclamation  districts,  levee  districts,  or 
swamp  land  districts  within  the  above-described  boundaries  of  said 
Eeclamation  District  No.  1000  are  hereby  repealed. 

§  5.     This  act  shall  take  effect  from  and  after  its  passage. 

ACT  2966g. 

An  act  to  create  a  reclamation  district  to  be  called  "Reclamation  Dis- 
trict No.  900,"  and  providing  for  the  control  and  management 
thereof. 

[Approved  March  2,  1911.     Stats.  1911,  p.  264.] 

Boundaries. 

§  1.  A  reclamation  district  is  hereby  created,  to  be  called  "Eeclama- 
tion District  No.  900,"  and  the  boundaries  of  such  reclamation  dis- 
trict  shall  be   as  follows: 


Act  2966g,  §  2  GENERAL   LAWS.  1846 

Beginning  at  the  northeast  corner  of  township  8  north,  range  3  east, 
M.  D.  B.  &  M.  and  running  thence  easterly  along  the  township  line 
dividing  townships  8  and  9  north,  range  4  east,  to  the  southwest  corner 
of  the  east  half  of  the  west  half  of  section  31,  township  9  north,  range 
4  east,  thence  due  north  to  a  point  50  feet  measured  at  right  angles 
southerly  from  the  center  line  of  the  main  track  of  the  Southern  Pacific 
railroad  between  the  city  of  Sacramento  and  the  town  of  Davisville,  as 
said  track  existed  in  November,  A.  D.  1910,  thence  easterly  along  a  line 
50  feet  measured  at  right  angles,  southerly  from  and  parallel  to  the 
center  line  of  the  said  main  track  of  the  Southern  Pacific  railroad  as 
said  track  existed  in  November  A.  D.  1910,  to  a  point  in  the  center  line 
of  Sixth  street  in  the  town  of  Broderick  (formerly  called  Washington); 
thence  southerly  along  said  center  line  of  said  Sixth  street  to  a  point 
in  the  center  line  of  Margaret  street  in  said  town  of  Broderick,  (for- 
merly Washington);  thence  easterly  along  said  center  line  of  said  Mar- 
garet street,  and  along  a  direct  extension  easterly  of  said  center  line  to 
the  Sacramento  river;  thence  down  the  Sacramento  river  following  the 
meanders  of  the  said  river  to  a  point  in  the  northwest  boundary  line 
of  Reclamation  District  No.  742,  county  of  Yolo,  state  of  California; 
thence  southwesterly  along  the  said  northwest  boundary  line  of  the  said 
Eeclamation  District  No.  742  to  the  southwest  corner  thereof;  thence 
southeasterly  along  the  southwestern  boundary  line  of  the  said  Reclama- 
tion District  No.  742  to  the  Sacramento  river;  thence  down  the  said 
Sacramento  river,  following  the  meanders  of  the  said  river  to  the  north 
east  corner  of  Reclamation  District  No.  765,  county  of  Yolo,  state  of 
California,  thence  northwesterly  along  the  north  boundary  line  of  the 
said  Reclamation  District  No.  765  to  the  northwest  corner  thereof; 
thence  due  west  to  a  point  in  the  east  boundary  line  of  the  southwest  V4 
of  section  30,  township  8  north,  range  4  oast,  M.  D.  B.  &  M.;  thence 
southerly  along  the  east  boundary  line  of  the  said  southwest  V\  of  sec- 
tion 30,  and  the  east  boundary  line  of  the  north  ^4  of  the  northwest  Vi 
of  section  31,  township  8  north,  range  4  east  to  the  southeast  corner  of 
the  said  north  %  of  the  northwest  ^^  of  section  31,  township  8  north, 
range  4  east;  thence  westerly  along  the  south  boundary  line  of  the 
said  north  Vj  of  the  northwest  V4  section  31,  township  8  north,  range 
4  east  to  the  southwest  corner  thereof;  said  corner  being  in  the  east 
boundarj'  line  of  township  8  north,  range  3  east;  thence  north  along 
said  east  boundary  line  of  township  8  north,  range  3  east  to  the  point 
of  beginning  and  being  in  the  county  of  Yolo,  state  of  California. 

Control. 

§  2.  The  management  and  control  of  said  reclamation  district  is 
hereby  made  subject  to  the  provisions  of  the  Political  Code  of  the  state 
of  California  and  other  laws  of  this  state  relative  to  reclamation  dis- 
tricts formed  umler  the  provisions  of  said  Political  Code.  Provided,  that 
the  center  of  the  crown  of  the  northern  levee  of  said  district  shall  not 
without    the    consent    of   the    Southern    Pacific    Company   be   constructc'l 


1847  RECLAMATION  DISTRICTS.         Act  2966h,  §§  1,  2 

nearer  than  300  feet  from  the  center  line  of  the  Southern  Pacific  railroad 
track  at  the  point  opposite  the  south  end  of  the  west  levee  of  Eeclama- 
tiou  District  No.  537  as  the  same  now  exists;  and  the  center  of  the 
crown  of  said  levee  shall  not  without  the  consent  of  the  Southern  Pacific 
Company  be  constructed  nearer  than  1,000  feet  from  the  center  line  of 
said  railroad  track  where  said  track  crosses  the  east  boundary  of  town- 
ship 9  north,  range  3  east,  M.  D.  B.  &  M. 

§  3.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of 
this  act  are  hereby  repealed. 

This  act  shall  take  effect  immediately. 

ACT  2966h. 

An  act  to  create  a  reclamation  district  to  be  called  "Reclamation  Dis- 
trict No.  830,"  and  providing  for  the  control  and  management 
thereof. 

[Approved   March   11,   1911.     Stats.    1911,   p.   342.] 

Reclamation  District  No.  830.     Boundaries. 

§  1.  A  reclamation  district  is  hereby  created,  to  be  called  "Reclama- 
tion District  No.  830,"  and  the  boundaries  of  such  reclamation  dis- 
trict shall  be  as  follows:  Beginning  on  the  westerly  bank  of  Taylor 
slough,  in  Contra  Costa  county,  state  of  California,  at  the  point  where 
the  eastern  boundary  of  section  17,  township  2  north,  range  3  east, 
Mount  Diablo  base  and  meridian,  intersects  said  Taylor  slough;  thence 
in  a  northerly  direction  along  the  westerly  bank  of  said  Taylor  slough, 
following  its  meanderings,  to  where  the  same  connects  with  the  westerly 
hank  of  Piper  slough;  thence  northerly,  along  the  westerly  bank  of 
Piper  slough  following  the  meanderings  thereof,  to  its  intersection  with 
the  southerly  bank  of  False  river;  thence  westerly  along  the  southerly 
bank  of  False  river  to  its  intersection  with  the  southerly  bank  of  the 
San  Joaquin  river;  thence  westerly  along  the  southerly  bank  of  the 
San  Joaquin  river  following  the  meanderings  thereof  to  its  intersection 
with  the  easterly  bank  of  Dutch  slough;  thence  easterly  and  southerly 
along  the  northerly  and  easterly  bank  of  Dutch  slough,  following  the 
.meanderings  thereof,  to  a  point  distant  fifteen  chains  and  forty  links 
east  from  the  westerly  line  of  section  20  in  said  township  and  range; 
thence  north  fifty  links  to  the  section  line  on  the  north  boundary  of  said 
section  20;  thence  east  on  section  lines  to  Taylor  slough;  thence  north- 
erly along  the  westerly  bank  of  Taylor  slough  following  the  meanderings 
thereof  to  the  point  of  beginning. 

Control. 

§  2.  The  management  and  control  of  said  reclamation  district  is 
hereby  made  subject  to  the  provisions  of  the  Political  Code  of  the  state 
of  California  and  other  laws  of  this  state  relative  to  reclamation  dis- 
tricts formed  under  the  provisions  of  said  Political  Code, 


Acts  29661, 2966J  general,  laws.  1848 

§  3.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of 
this  act  are  hereby  repealed. 

ACT  29661. 

An  act  to  recognize  and   declare  valid   all   proceedings  in   Consolidated 

Reclamation  District  No.  812. 

[Approved  April  27,  1911.       Stats.   1911,  p.  1157.] 

Reclamation  District  No.  812  declared  valid. 

§  1.  ('ons^olidated  Reclamation  Distri<"t  No.  SI 2  as  formed  bv  the 
board  of  supervisors  of  Kings  county,  state  of  California,  and  now  exist 
ing  is  hereby  recognized  and  declared  valid,  ami  all  proceedings  on 
organization  and  formation  are  hereby  approved  and  declared  valid. 

§  2.     This  act  shall  take  effect  immediately. 

ACT  2966J. 

An  act  to   create  a  reclamation   district   to  be   called   "Reclamation   Dis 

trict    Number    Nine    Hundred    Ninety-nine,"    and    providing    for    the 

control  and  management  thereof. 

[Approved  May  22.  191.3.     Stats.  1913,  p.  242.] 

Reclamation  District  No.  999. 

§  1.  .\  reclamation  district  is  hereby  created,  to  be  called  "Reclama- 
tion District  Number  Nine  Hunclred  Ninety-nine,"  and  the  boundaries 
of  such  reclamation  district  shall  be  as  follows: 

Boundaries. 

Beginning  at  the  southwest  corner  of  Reclamation  District  No.  900, 
said  corner  being  on  the  line  between  township  S  north,  range  .3  east, 
and  township  8  north,  range  4  east,  Mt.  Diablo  base  and  meridian; 
thence  southwesterly  in  a  straight  line  to  the  section  corner  common 
to  sections  2,  3,  10,  and  11.  township  6  north,  range  3  east,  Mt.  Diablo 
base  and  meridian,  and  running  thence  in  a  straight  line  to  the  quarter 
section  corner  common  to  sections  28  and  29,  township  6  north,  range 
3  east,  Mt.  Diablo  base  and  meridian;  thence  due  south  to  the  boundary 
line  between  Yolo  and  Solano  counties,  state  of  California;  thence  con- 
tinuing due  south  to  a  point  which  is  eight  hundred  feet  south  of  the 
south  bank  of  Duck  slough;  thence  due  east  to  the  western  boundary 
line  of  Reclamation  District  No.  501,  sometimes  known  as  Ryer  Island; 
thence  northwesterly  and  easterly  along  the  western  and  northern 
boundary  lines  of  said  Reclamation  District  No.  501  to  the  northeast 
corner  thereof;  thence  due  east  to  the  western  boundary  line  of  Reclama- 
tion District  No.  349,  sometimes  known  as  Sutter  Island;  thence  north- 
easterly along  the  said  western  boundary  line  of  Reclamation  District 
No.  349  to  the  northwest  corner  thereof;  thence  northerly  to  the  south- 
west corner  of  Reclamation  District  No.  150.  sometimes  known  as  Merritt 


1849  RECLAMATION    DISTRICTS.  Act  2966k,  §  1 

Island;  thence  northeasterly  along  the  said  western  boundary  of  said 
EeL'laniation  District  No.  150  to  the  Sacramento  river;  thence  north- 
westerly along  the  said  Sacramento  river  and  following  the  meanders 
tlierpof'to  the  soiitliwosti-rn  boundary  of  Reclamation  District  No.  307; 
and  thence  northwesterly  and  northeasterly  along  the  southwestern  and 
northwestern  boundary  lines  of  said  Reclamation  District  No.  307  to 
Reclamation  District  No.  7G5;  thence  westerly  and  northeasterly  along 
the  southern  and  northwestern  boundary  lines  of  said  Reclamation  Dis- 
trict No.  765  to  Reclamation  District  No.  9t30;  thence  westerly  and 
southerly  along  the  boundary  of  said  Reclamation  District  No.  900  to 
the  point  of  beginning,  and  being  in  the  counties  of  Yolo  and  Solano, 
state  of  California. 

Management. 

§  2.  The  management  and  control  of  said  reclamation  district  is 
hereby  made  subject  to  the  provisions  of  the  Political  Code  of  the  state 
of  California  and  other  laws  of  this  state  relative  to  reclamation  dis- 
tricts formed  under  the  provisions  of  said  Political  Code. 

§  3.  All  acts  and  parts  of  act  inconsistent  with  the  provisions  of 
this  act  are  hereby  repealed. 

ACT  2966k. 

An  .act  creating  a  reclamation  district  to  be  called  and  Itnown  as 
"Reclamation  District  No.  1600";  providing  for  the  management 
and  control  thereof  and  dissolving  all  reclamation  districts  lying 
■wholly  within  the  boundaries  of  said  Reclamation  District  No.  1600, 
and  providing  for  the  liquidation  and  winding  up  of  said  dissolved 
districts,  and  excluding  from  any  reclamation  district  any  land 
lying  within  the  boundaries  of  said  reclamation  district  No.  1600. 
[Approved  May   26,   1913.     Stats.   1913,  p.   33S.] 

Eeclamation  District  No.  1600  created. 

§  1.  A  reclamation  district  is  hereby  created  to  be  called  and  known 
as  "Reclamation-  District  No.  1600,"  and  the  boundaries  of  said  recla- 
mation district  shall  be  as  follows: 

Beginning  at  a  point  where  the  section  line  between  sections  twenty- 
seven  (27)  and  twenty  eight  (28),  township  eleven  (11)  north,  range 
three  (3)  east,  M.  D.  B.  and  M.,  intersects  the  right  or  southerly  bank 
of  the  Sacramento  river;  and  running  thence  south  along  the  west 
section  line  of  sections  twenty-seven  (27)  and  thirty-four  (34)  of 
township  eleven  (11)  north,  range  three  (3)  east,  M.  D.  B.  and  M., 
and  sections  three  (3)  and  ten  (10)  and  section  fifteen  (15)  of  town- 
ship ten  (10)  north,  range  three  (3)  east,  M.  D.  B.  and  M.,  to  the 
quarter  section  corner  on  west  line  of  section  fifteen  (15),  township 
ten  (10)  north,  range  three  (3)  east,  M.  D.  B.  and  M.;  thence  south 
westerly  to  the  junction  of  the  Tule   canal  with  the  canal  from   Cache 


Act  2966k,  §§  2, 3  general  laws.  1850 

creek  at  or  near  the  center  of  section  twenty-one  (21),  township  ten 
(10)  north,  range  three  (3)  east;  thence  along  the  Tule  canal  to  the 
northwest  corner  of  Reclamation  District  No.  827;  thence  along  the  north 
line  of  Reclamation  District  No.  827  to  the  Sacramento  river;  thenco 
northerly  along  the  Sacramento  river,  and  following  the  meanders 
thereof,  to  the  point  of  beginning. 

Management.     Office. 

§  2.  The  management  and  control  of  said  reclamation  district  is 
hereby  made  subject  to  the  provisions  of  the  Political  Code  and  other 
laws  of  the  state  of  California  relative  to  reclamation  districts  formed 
under  the  provisions  of  said  Political  Code.  The  management  and 
control  of  said  reclamation  district  No.  1600  shall  be  vested  in  three 
trustees.  A.  A.  Merkley,  A.  Af.  Mull  and  Louis  CaflFaro  are  hereby  ap- 
]iointed  as  trustees  of  the  said  reclamation  district,  to  act  until  their 
successors  are  elected  and  qualified.  An  election  of  three  trustees  shall 
be  held  in  said  district  on  the  third  Tuesday  in  October,  1918,  and  on 
the  same  date  every  two  years  thereafter,  and  the  term  of  office  shall 
be  two  years,  and  until  their  successors  are  elected  and  qualified.  In 
case  of  any  vacancy  in  the  office  of  trustee  of  said  district,  the  board  of 
supervisors  of  the  county  of  Yolo  shall  appoint  a  qualified  person  as 
trustee,  who  shalPhold  said  office  for  the  date  of  saitl  unexi)ired  term. 
The  office  of  said  district  shall  be  in  the  city  of  Woodland  and  in  such 
jjlace  as  the  board  of  trustees  thereof  may  from  time  to  time  fix.  The 
board  of  supervisors  of  the  count}'  of  Yolo  shall  have  jurisdiction  of  all 
matters  concerning  said  district  to  the  same  extent  as  if  the  said  dis- 
trict was  formed  under  the  provisions  of  the  said  Political  Code  of  the 
state  of  California.  All  funds  of  said  district  shall  be  deposited  in  the 
county  treasury  of  said  county  of  Yolo  and  shall  be  disbursed  by  the 
treasurer  of  said  county  in  payment  of  the  warrants  of  said  district. 

Districts  dissolved. 

§  3.  All  reclamation  districts,  wholly  situated  within  the  boundaries 
of  said  reclamation  district,  are  hereby  dissolved,  except  for  the  pur 
pose  of  liquidation  and  the  disposition  of  its  property,  and  for  this 
purpose  only  the  existence  of  said  districts  are  continued.  Any  land 
situated  within  the  boundaries  of  Reclamation  District  No.  1600  that  is 
situated  within  any  reclamation  district  is  hereby  excluded  from  any 
such  reclamation  district,  but  such  lands  so  excluded  shall  be  liable  for 
the  just  proportion  of  the  indebtedness  of  such  reclamation  district, 
to  be  ascertained  in  accordance  with  the  provisions  of  law.  Each  of 
the  said  reclamation  districts  that  is  dissolved  by  the  provisions  of  thi^ 
act  shall  pay  all  legal  outstanding  indebtedness  that  each  may  respec 
tively  owe,  and  may  cause  the  assessments  or  taxes  to  be  levied  and 
collected  therefor,  as  may  be  authorized  by  law. 


1851  RECLAMATION  DISTRICTS.      Acts  2975a-2980a 

ACT  2975a. 

An  act  to  provide  for  assessments  in  reclamation  districts  where  such 
districts  have  issued  bonds  pursuant  to  an  act  entitled  "An  act  to 
provide  for  the  issuing  of  bonds  by  reclamation  districts,  and  the 
disposal  thereof  for  reclamation  purposes,  and  their  payment  by 
taxation  upon  the  property  situated  in  such  reclamation  districts," 
approved  March  27,  1895,  or  amendments  thereof,  and  providing  for 
the  payment  of  such  bonds  by  levying  and  collecting  assessments, 
pursuant  to  the  Political  Code. 

[Approved  June  13,  1913.     Stats.  1913,  p.  777.] 

Assessments  to  pay  reclamation  district  bonds  authorized. 

§  1,  Any  reclamation  district  that  has  heretofore  issued  bonds  pur- 
suant to  the  provisions  of  an  act  entitled  "An  act  to  provide  for  the  is- 
suing of  bonds  by  reclamation  districts,  and  the  disposal  thereof  for 
reclamation  purposes,  and  their  payment  by  taxation  upon  the  property 
situated  in  such  reclamation  districts,"  approved  March  27,  1895,  or 
any  amendments  thereof,  is  hereby  authorized  and  emj^owered  to  levy 
and  collect  assessments  under  the  provisions  of  part  3,  article  2  of, 
the  Political  Code  of  California,  for  the  purpose  of  providing  funds  for 
the  payment  of  said  bonds,  and  all  of  the  provisions  of  said  Political 
Code  relative  to  levying  and  collecting  assessments,  and  the  payment  of 
bonds  of  reclamation  districts,  are  hereby  made  applicable  to  the  levy- 
ing and  collection  of  such  assessments  and  the  payment  of  the  bonds 
hereinbefore  mentioned. 

ACT  2977. 

Citations.     Cal.  156/491. 

ACT  2980a. 

An  act  legalizing  the  formation  and  organization  of  Reclamation  Dis- 
trict Number  Five  Hundred  Forty-eight,  in  the  county  of  San 
Joaquin,  state  of  California;  fixing,  defining,  and  establishing  the 
boundaries  thereof;  providing  for  its  management  and  control  sub- 
ject to  the  provisions  of  the  Political  Code  of  the  state  of  Cali- 
fornia and  to  other  laws  of  said  state  relative  to  reclamation 
districts;  and  repealing  all  acts  and  parts  of  acts  inconsistent  there- 
with. 

[Approved  March  1,  1911.     Stats.  1911,  p.  356.] 

Reclamation  District  No.  548, 

§  1.  The  formation  and  organization  of  Keclamation  District  Number 
Pive  Hundred  Forty  eight,  in  the  county  of  San  Joaquin,  state  of  Cali- 
fornia by  the  board  of  supervisors  of  the  county  of  San  Joaquin,  state 
of  California,  are  hereby  approved  confirmed,  ratified,  legalized  and 
declared  valid. 


Act  2980a,  §§  2, 3  general  laws.  1852 

Boundaries. 

§  2.  The  exterior  boundaries  of  said  Eeclamation  District  Xuraber 
Five  Hundred  Forty-eight,  in  the  county  of  San  Joaquin,  state  of  Cali- 
fornia, shall  he,  and  the  same  are  hereby  fixed,  defined,  established  and 
determined,  as  follows: 

Commencing  at  the  northeast  corner  of  the  northwest  quarter  of  sec- 
tion three  (3),  township  three  (3)  north,  range  five  (5)  east  running 
thence  north  19.94  chains,  more  or  less,  to  post  in  fenc«  thence  along  said 
fence  south  76°  13'  west  44.74  chains  to  post  in  fence;  thence  south  7(3° 
30'  west  9.95  chains,  thence  south  7.3°  45'  west  24.111  chains,  thence  south 
76°  15'  west  20.23  chains  to  a  point  in  the  center  line  of  Sycamore 
glough,  thence  down  Sycamore  slough,  following  the  center  line  thereof 
to  its  intersection  with  the  south  fork  of  the  Mokelumne  river,  then<e 
southerly  along  the  said  south  fork  of  the  Mokelumne  river,  and  the 
east  bank  thereof,  to  its  intersection  with  Island  slough,  thence  across 
said  Island  slough  to  a  point  on  the  east  bank  of  said  south  fork  of  the 
Mokelumne  river,  thence  along  said  east  bank  of  said  south  fork  of  the 
Mokelumne  river  to  its  intersection  with  Potato  slough  thence  southerly 
along  the  east  bank  of  I'otato  slough  to  its  intersection  with  Sargent 
slough,  thence  across  Sargent  slough  to  a  point  on  the  east  bank  of 
Potato  slough,  thence  following  easterly  bank  of  Potato  slough  in  a 
southerly  direction  to  its  intersection  with  White  slough,  thence  along 
the  center  line  of  said  White  slough  following  the  nieanderings  thereof 
to  west  line  of  ditch  and  canal,  thence  along  said  west  line  of  said 
ditch  and  canal  to  east  and  west  half  section  line  of  section  twenty-one 
(21)  township  three  (3)  north  range  five  (5)  east,  thence  easterly  across 
said  canal  to  the  southerly  edge  of  said  ditch  and  canal  lying  along  the 
southeast  levee,  thence  in  a  nortlieasterly  direction  along  said  southeast 
edge  of  said  ditch  and  canal  to  fence  and  levee,  thence  along  said  fence 
and  levee  to  a  point  in  the  northeast  corner  of  the  southwest  quarter 
of  section  fifteen  (15)  township  three  (3)  north  range  five  (o)  east,  at 
the  intersection  of  a  fence  running  south  89°  25'  west,  thence  along 
baid  fence  north  89°  25'  east  15.77  chains,  thence  north  0.29  chains 
thence  north  89°  25'  east  7.97  chains  to  post  in  fence;  thence  north  S9° 
25'  east  along  said  line  of  fence  58.74  chains,  more  or  less  to  half  section 
line  dividing  sections  fourteen  (14)  township  three  (3)  north  range  five 
(5)  east,  into  east  and  west  halves,  thence  north  to  the  center  of  section 
two  (2)  township  three  (3)  north  range  five  (5)  east,  thence  west  along 
tlie  north  line  of  southwest  quarter  of  said  section  two  (2)  20  chains, 
thence  north  40  chains,  thence  west  60  chains;  tn   nnint  of  beginning. 

Control. 

§  3.  The  management  and  control  of  said  Keclamation  District  Num- 
ber Five  Ilun<lred  Forty-eight,  in  the  county  of  San  .Joaquin,  state  of 
California,  is  hereby  made  sub.ieit  to  the  provisions  of  the  Political 
Code  of  the  state  of  California,  and  to  the  other  laws  of  said  state  rel 


1S53  RECLAMATION  DISTRICTS.  Act  2980b,  §§  1,  2 

■I five    to    reclamation    districts    formed    under    the    provisions    of    said 
I'olitical  Code. 

§  4.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of 
this  act  are  hereby  repealed. 

§  5.     This  act  shall  take  effect  and  be  in  force  immediately. 

ACT  2980b. 

An  act  legalizing  the  formation  and  organization  of  Reclamation  Dis- 
trict Number  Three  Hundred  Forty-eight,  in  the  county  of  San 
.loaquin,  state  of  Califoniia;  fixing,  defining,  and  establishing  the 
boundaries  thereof;  ])roviding  for  its  management  and  control  sub- 
ject to  the  provisions  of  the  Political  Code  of  the  state  of  California 
and  to  other  laws  of  said  state  relative  to  reclamation  districts; 
and  repealing  all  acts  and  parts  of  acts  inconsistent  therewith. 
[Approved  March  1,  1911.     Stats.  1911,  p.  257.] 

Reclamation  District  No.  348. 

§  1.  The  formation  and  organization  of  Keclamaftion  District  Num- 
ber Three  Hundred  Forty-eight,  in  the  county  of  San  Joaquin,  state  of 
California,  by  the  board  of  supervisors  of  the  county  of  San  .Joaquin, 
state  of  California,  and  all  proceedings  in  regard  to  the  annexation  of 
lands  thereto,  are  hereby  approved,  confirmed,  ratified,  legalized  and  de- 
clared valid. 

Boundaries. 

§  2.  The  exterior  boundaries  of  said  Reclamation  District  Number 
Three  Hundred  Forty-eight,  in  the  county  of  San  Joaquin,  state  of  Cali- 
fornia, shall  be,  and  the  same  are  hereby  fixed,  defined,  established  and 
determined,  as  follows: 

Commencing  on  the  left  bank  of  the  Mokelumne  river  where  the  sec- 
tion line  between  sections  eleven  (11)  and  twelve  (12),  township  four 
(4)  north  range  (5)  east.  Mount  Diablo  base  and  meridian,  intersects 
said  river  and  from  thence  following  the  left  bank  of  said  Mokelumne 
river  downstream  to  its  junction  with  the  south  fork  of  the  Mokelumne 
river;  thence  along  the  left  bank  of  the  south  fork  of  the  Mokelumne 
river  following  the  meanders  thereof  to  the  intersection  of  said  bank  of 
said  river  with  the  northerly  bank  of  Beaver  slough;  thence  meandering 
the  northerly  bank  of  said  Beaver  slough.,  upstream  to  the  intersection 
of  the  said  northerly  bank  of  said  slough  with  the  east  line  of  the  south- 
west quarter  section  eight  (S),  township  four  (4)  north  range  five  (5) 
east;  thence  north  along  said  line  to  a  point  distant  90  feet  north  from 
the  northerly  edge  of  a  certain  canal  running  east  and  west  as  particu- 
larly mentioned  in  that  certain  deed,  dated  December  14,  1878,  made  by 
R.  C.  Sargent  to  Jonathan  Hughill,  and  recorded  in  Book  "A"  of  Deeds, 
vol.  38,  page  421  et  seq.,  San  Joaquin  county  records;  and  which  point 
is  also  on  the  north  line  of  a  post  and  wire  fence;  thence  easterly  along 


Act  2980c,  §§  1,  2  GENERAL   LAWS.  1854 

said  line  of  fence  100  chains,  more  or  less  to  a  point  on  the  east  line  of 
the  west  half  of  the  southeast  quarter  of  section  nine  (9)  to-wnship 
four  (4)  north  range  five  (5)  east;  thence  south  to  the  canal;  thence 
east  along  said  canal  100  chains,  thence  north  -10  chains,  and  from 
thence  80  chains  to  the  place  of  beginning. 

Control. 

§  3.  The  management  and  control  of  said  Reclamation  District  Num- 
ber Three  Hundred  Forty-eight,  in  the  county  of  San  .Joaquin,  state  of 
C^alifornia,  is  hereby  made  subject  to  the  provisions  of  the  Political  Code 
of  the  state  of  California,  and  to  the  other  laws  of  said  state  relative  to 
reclamation  districts  formed  under  the  provisions  of  said  Political  Code. 

§  4.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of 
this  act  are  hereby  repealed. 

§  5.     This  act  shall  take  effect  and  be  in  force  immediately. 

ACT  2980c. 

An  act  legalizing  the  formation  and  organization  of  Eeclamation  Dis- 
trict Number  Eight  Hundred  Two,  in  the  county  of  Contra  Costa, 
state  of  California,  fixing,  defining  and  establishing  the  boundaries 
thereof,  providing  for  its  management  and  control  subject  to  the 
provisions  of  the  Political  Code  of  the  state  of  California  and  to 
other  laws  of  said  state  relative  to  reclamation  districts;  and  re- 
pealing all  acts  and  parts  of  acts  inconsistent  therewith. 
[Approved   June   13,   1913.     Stats.   1913.   p.   838.] 

Formation  of  Reclamation  District  No.  802  confirmed. 

§  1.  The  formation  and  organization  of  Keilamation  District  Num- 
ber Eight  Hundred  Two,  in  the  county  of  Contra  Costa,  state  of  Cali- 
fornia, by  the  board  of  sujiervisors  of  the  county  of  Contra  Costa,  state 
of  California,  is  hereby  approved,  confirmed,  ratified,  legalized  and  de- 
clared valid. 

Boundaries.     Number  of  acres. 

§  2.  The  exterior  boumlarics  of  said  Reclamation  District  Number 
Eight  Hundred  Two,  in  the  county  of  Contra  Costa,  state  of  California, 
shall  be,  and  the  same  are  hereby  fixed,  defined,  established  and  deter- 
mined as  follows:  Beginning  at  the  U.  S.  segregation  corner  on  the 
one-half  (Vj)  section  line  running  east  and  west  through  the  center  of 
section  thirty  (30),  township  one  (1)  south,  range  four  (4)  east,  Mount 
Diablo  base  and  meridian,  said  segregation  corner  being  also  the  south- 
west corner  of  the  southeast  quarter  (S.E.  V4)  of  the  northwest  quarter 
(N.W  Yi)  of  said  section  thirty  (30);  thence  east  along  said  one-half 
(lA)  section  line  through  sections  thirty  (30)  and  twenty-nipe  (29)  to 
the  left  bank  of  Old  river;  thence  down  the  left  bank  of  Old  river, 
following    its   meanders,   to    its   junction    with   the   canal    known    as    the 


1855  RECLAMATION   DISTRICTS.  Act  2980c,  §  2 

Main  or  Western  canal;  thence  northerly  along  the  west  bank  of  said 
canal  to  its  junction  with  Old  river;  thence  down  the  left  bank  of 
Old  river  following  its  meanders  to  its  junction  with  a  dredger  cut  in 
the  southeast  quarter  (S.E.  i/4)  of  section  seven  (7)  township  one  (1) 
south,  range  four  (4)  east,  Mount  Diablo  base  and  meridian;  thence 
westerly  along  the  south  bank  of  said  dredger  cut  to  its  junction  with 
Old  river;  thence  down  the  left  bank  of  Old  river  following  its 
meanders,  to  its  junction  with  Italian  slough;  thence  up  the  right 
bank  of  Italian  slough,  following  its  meanders  to  the  intersection  of 
the  said  right  bank  of  Italian  slough  with  the  north  line  of  section 
twenty-four  (24),  township  one  (1)  south,  range  three  (3)  east,  Mount 
Diablo  base  and  meridian;  thence  west  along  the  north  line  of  said 
section  24  to  the  west  end  of  ditcher  cut;  thence  south  along  west  end 
of  said  ditcher  cut  to  south  edge  of  levee  on  south  bank  of  same;  thence 
easterly  and  southerly  along  south  and  east  edge  of  said  levee  to  west 
bank  of  scraper  ditch  about  ten  chains  south  and  five  chains  easterly 
from  the  northwest  corner  of  section  24,  township  1  south,  range  3 
east,  Mount  Diablo  base  and  meridian;  thence  southwesterly  along 
said  west  bank  of  scraper  ditch  to  its  intersection  with  the  U.  S.  seg 
regation  line  on  the  south  side  of  the  northwest  quarter  of  the  north- 
west quarter  of  said  section  24;  thence  east  along  said  U.  S.  segregation 
line  to  the  U.  S.  segregation  corner,  said  corner  being  also  the  southeast 
(S.E.)  corner  of  the  northwest  quarter  (N.W.14)  of  the  northwest  quar- 
ter (N.W.  14)  of  said  section  twenty-four  (24);  thence  south  twenty-six 
hundred  forty  (2640)  feet  to  the  U.  S.  segregation  corner,  said  corner  be- 
ing also  the  southwest  (S.W.)  corner  of  the  northeast  quarter  (N.E.  %)  of 
the  southwest  quarter  (S.W.  %)  of  section  twenty  four  (24)  township  one 
(1)  south,  range  three  (3)  east,  Mount  Diablo  base  and  meridian;  thence 
east  thirteen  hundred  twenty  (1320)  feet  to  U.  S.  segregation  corner, 
s<aid  corner  being  also  the  southeast  (S.E.)  corner  of  the  northeast  quar- 
ter (N.E.  ^4)  of  the  southwest  quarter  (S.W.  %)  of  section  twentj'-four 
(24);  thence  south  thirteen  hundred  twenty  (1320)  feet  to  U.  S.  segrega- 
tion corner,  said  corner  being  also  the  southwest  (S.W.)  corner  of  the 
southeast  quarter  (S.E.  ^4)  of  said  section  twenty-four  (24);  thence  east 
twenty-six  hundred  forty  (2640)  feet  to  U.  S.  segregation  corner, 
said  corner  being  also  the  southeast  (S.E.)  corner  of  the  southeast 
quarter  (S.E.  %)  of  said  section  twenty-four  (24),  township  one  (1) 
south,  range  three  (3)  east,  Mount  Diablo  base  and  meridian;  thence 
south  thirteen  hundred  twenty  (1320)  feet  to  U.  S.  segregation  corner 
said  corner  being  also  the  southwest  (S.W.)  corner  of  the  northwest 
quarter  (N.W.  y^)  of  the  northwest  quarter  (N.W.  %)  of  section  thirty 
(30)  township  one  (1)  south,  range  four  (4)  east,  Mount  Diablo  base  and 
meridian;  thence  east  thirteen  hundred  twenty  (1320)  feet  to  U.  S. 
gegregation  corner,  said  corner  being  also  the  southeast  (S.E.)  corner 
of  the  northwest  quarter  (N.W.  V^)  of  the  northwest  quarter  (N.W.  %) 
of  said  section  thirty  (30);  thence  south  thirteen  hundred  twenty  (1320) 
feet  to  U.  S.  segregation  corner,  the  place  of  beginning.     The  number  of 


Act  2980d,  §  1  GENERAL,   LAWS.  1856 

acres   in   said   district  is  thirty-four  hundred   and   forty  four  hundredths 
(3400.44)  acres,  all  in  the  county  of  Contra  Costa,  state  of  California. 

Management. 

§  3.  The  management  and  control  of  said  Reclamation  District  Num- 
ber Eight  Hundred  Two,  in  the  county  of  Contra  Costa,  state  of  Cali- 
fornia, is  hereby  made  subject  to  the  provisions  of  the  Political  Code  of 
the  state  of  California,  and  other  laws  of  this  state  relative  to  reclama- 
tion  districts  formed  under   the   provisions   of  said   Political   Code. 

§  4.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of 
this  act  are  hereby  repealed. 

ACT  2980cL 

An  act  creating  a  reclamation  district  to  be  called  and  known  as 
"Reclamation  District  No.  1400,"  and  providing  for  the  manage- 
ment and  control  thereof. 

[Approved  June  13,  1913.     Stats.  1913,  p.  811.] 

Eeclamation  District  No.  1400  created.     Boundaries. 

§  1.  A  reclamation  district  is  hereby  created  to  be  called  and  known 
as  "Reclamation  District  No.  141)0,"  and  the  boundaries  of  said  reclama- 
tion district  shall  be  as  follows: 

Beginning  at  a  point  on  the  left  bank  of  the  Sacramento  river  one 
thousand  three  hundred  twenty  (1320)  feet  east  of  the  section  line 
between  sections  twenty-six  (26),  and  twenty-seven  (27),  township  nine 
(9)  north,  range  four  (4)  east,  Mt.  Diablo  base  and  meridian,  and  running 
thence  in  a  straight  line  north  69"  30'  (69°  oo'-o')  east,  a  distance  of  nine 
thousand  eight  hundred  ninety  (9S90)  feet  to  the  corner  common  to 
sections  nineteen  (19),  twenty-four  (24),  twenty-five  (2.5),  and  thirty 
(30),  township  nine  (9)  north,  ranges  four  (4)  and  five  (.5)  east,  Mt. 
Dialilo  base  and  meridian;  thence  east  a  distance  of  four  thousand  eight 
hundred  eighty  nine  and  eighty-eight  hundredths  (4S89.88)  feet  to  the 
west  line  of  the  land  now  owned  and  occupied  by  the  Western  Pacific 
Railway  Comj>any,  a  corporation,  the  same  being  commonly  km^wn  as 
the  railway  right  of  way  of  said  company;  thence  following  said  west- 
erly right  of  way  line  in  a  southerly  direction  by  a  curve  to  the  right 
of  five  thousand  six  hundred  twenty-nine  and  seven-tenths  (5629.7)  feet 
radius,  a  distance  of  two  thousand  one  hundred  eighty-four  and  fifty 
five  hundredths  (21S4..55)  feet;  thence  south  18°  48'.!.' "west,  a  distance 
of  five  hundred  thirty-one  and  twenty-two  hundre«lths  (531.22)  feet 
to  the  point  of  intersection  with  the  westerly  line  of  the  Northern 
Electric  Railway  Company's  right  of  way;  theuce  south  55°  36iV  west, 
a  distance  of  four  hundred  sixty  three  and  ninety-three  hundredths 
(463.93)  feet;  thence  by  a  curve  to  the  right  of  one  thousand  nine 
hundred  ten  and  one-tenth  (1910.10)  feet  radius,  a  distance  of  two 
thousand    fifty-six    and    sixty-seven    hundredths    (2056.67)    feetj    thence 


1857  RECLAMATION  DISTRICTS.  Act  2980d,  §  2 

north  62°  4Tt/^'  west,  a  distance  of  one  thousand  six  hundred  sixty-four 
and  sixty-nine  hundredths  (1G64.69)  feet;  thence  by  a  curve  to  the 
left  of  one  thousand  nine  hundred  ten  and  one-tenth  (1910.1)  feet 
radius,  a  distance  of  six  hundred  eighty-one  and  thirty-two  hundredths 
(681.32)  feet;  thence  north  83°  11^/1.'  west,  a  distance  of  one  thousand 
nine  hundred  sixty-nine  and  one-tenth  (1969.1)  feet;  thence  on  a  curve 
to  the  left  of  one  thousand  nine  hundred  ten  and  one-tenth  (1910.1) 
feet  radius,  a  distance  of  four  hundred  twentv-two  and  two-tenths 
(422.2)  feet;  thence  south  84°  OSi/l.'  west  two  thousand  two  hundred 
thirty-four  and  forty-one  hundredths  (2234.41)  feet;  thence  by  a  curve 
to  the  left  of  one  thousand  nine  hundred  ten  and  one-tenth  (1910.1) 
feet  radius,  a  distance  of  three  hundred  forty-six  and  one-tenth  (346.1) 
feet;  thence  south  73°  27^1''  west,  a  distance  of  one  thousand  one 
hundred  and  forty-nine  and  eighty-nine  hundredths  (1149.89)  feet; 
thence  on  a  curve  to  the  left  of  two  thousand  eight  hundred  sixty-four 
and  ninety-three  hundredths  (2S64.93)  feet  radius,  a  distance  of  one 
thousand  two  hundred  fifty-seven  and  five-tenths  (12.57. .5)  feet;  thence 
south  48°  ISV2'  west,  a  distance  of  three  hundred  forty-seven  and 
ninety-four  hundredths  (347.94)  feet;  thence  on  a  curve  to  the  right 
of  one  thousand  two  hundred  five  and  thirty-seven  hundredths  (120.5.37) 
feet  radius  a  distance  of  one  thousand  one  hundred  eleven  (1111.00) 
feet;  thence  north  78°  51%'  west,  six  hundred  (600)  feet,  more  or  less, 
to  the  left  or  easterly  bank  of  the  Sacramento  river;  thence  in  a 
northeasterly  direction  following  the  meanderings  of  the  easterly  bank 
*Df  the  Sacramento  river  two  hundred  sixteen  and  seven-tenths  (216.7) 
feet,  more  or  less,  to  the  point  of  beginning. 

.Management.     Trustees.     Vacancies.     Office. 

§  2.  The  management  and  control  of  said  Reclamation  District  T^o. 
1400  is  hereby  made  subject  to  the  provisions  of  article  1  of  chapter 
1  of  title  8  of  part  3  of  the  Political  Code  of  the  state  of  Cali- 
fornia relating  to  swamp  and  overflowed  lands  and  reclamation  dis- 
tricts, or  any  amendments  or  additions  thereto.  The  management  and 
control  of  said  Eeclamation  District  No.  1400  shall  be  vested  in  three 
trustees.  C.  E.  Johnson,  A.  M.  Paul  and  George  J.  Meister  are  hereby 
appointed  as  trustees  of  the  said  reclamation  district  to  act  until  their 
successors  are  elected  and  qualified.  An  election  of  three  trustees 
shall  be  held  in  said  district  on  the  fourth  Tuesday  in  October,  1915, 
and  on  the  fourth  Tuesday  in  October  every  two  years  thereafter,  and 
the  term  of  office  shall  be  two  years  and  until  their  successors  are 
elected  and  qualified.  In  case  of  any  vacancy  in  the  office  of  trustee 
of  said  district,  the  board  of  supervisors  of  the  county  of  Sacramento 
shall  appoint  a  qualified  person  as  trustee,  who  shall  hold  said  office 
for  the  remainder  of  said  unexpired  term.  The  office  of  said  district 
shall  be  in  the  city  of  Sacramento  and  in  such  place  aa  the  board 
of  trustees  thereof  may  from  time  to  time  fix. 
117       , 


Acts  2981a,  2981b  general  laws.  1858 

ACT  2981a, 

An    act    consolidating    Reclamation    District    No.    742    and    Eeclamation 

District   No.   900,   and   providing  for   their   liquidation   and   payment 

of  all  outstanding  indebtedness. 

[Approved  June   16,   1913.     Stats.   1913,   p.   950.] 

Reclamation  Districts  Nos.  742  and  900  consolidated. 

§  1.  Reclamation  District  No.  742  and  Reclamation  District  No.  900 
are  hereby  consolidated  under  the  designation  of  Reclamation  District 
No.  900;  provided,  however,  that  the  trustees  of  the  respective  districts 
fhail  have  the  power  and  are  directed  to  proceed  to  liquidate  the  affairs 
of  each  of  said  districts  and  to  collect  upon  the  assessments  now 
existing  against  lands  of  said  districts  a  sufficient  amount  to  pay  and 
discharge  all  outstanding  indebtedness  of  said  districts  thereon.  Ail 
existing  laws  are  continued  in  force  for  the  purpose  of  consummating 
said  li(]uidation  and  collection  of  assessments  therefor  and  the  payment 
of  outstanding  indebtedness.  Each  of  said  districts  shall  respectively 
jay  all  of  its  existing  indebtedness  including  any  bonds  that  may  have 
been   heretofore   issued. 

ACT  2981b. 

An  act  creating  a  reclamation  district  to  be  called  and  known  aa 
"Reclamation  District  No.  1500";  providing  for  the  management 
and  control  thereof  and  dissolving  all  levee  districts,  swamp  land 
districts,  and  reclamation  districts,  lying  wholly  within  the  bound- 
aries of  said  Reclamation  District  No.  1500,  providing  for  the 
liquidation  and  winding  up  of  said  dissolved  districts,  and  ex- 
cluding from  any  levee  district,  swamp  land  district  and  re<rlama- 
tion  district  any  land  lying  within  the  boundaries  of  said  Recla- 
mation District  No.  1500. 

[Approved   April   30,    1913.     Stats.    1913,    p.    130.] 

Reclamation  District  No.   1500.     Boundaries. 

§  1.  A  reclamation  district  is  hereby  created  to  be  called  and  known 
as  "Reclamation  District  No.  1500,"  and  the  boundaries  of  said  rec- 
lamation district  shall  be  as  follows:  Beginning  at  a  point  on  the 
section  line  between  sections  thirteen  (13)  and  twenty-four  (24'),  town- 
ship thirteen  (13)  north,  range  two  (2)  east,  M.  D.  B.  and  M.,  said 
point  being  700  feet  west  of  the  southeast  corner  of  said  section  tbir- 
teen  (13),  thence  south  51  degrees  20  minutes  east  4444  feet,  thence 
south  39  degrees  48  minutes  east  19,574  feet,  thence  south  5  degrees 
58  minutes  east  11,332  feet  to  a  point  580  feet  east  of  the  southwest 
(S.W.)  corner  of  the  northwest  quarter  (N.\V.i/4)  of  section  fifteen 
(15),  township  twelve  (12)  north,  range  three  (3)  east,  M.  D.  B.  and 
M.,  thence  along  a  meander  line  parallel  to  and  5G65  feet  from  the 
right  bank  of  the  Feather  river  to  a  point  200  feet  east  of  the   north- 


1859  RECLAMATION   DISTRICTS.  Act  2981b,  §  1 

east  (N.E.)  corner  of  the  southeast  quarter  (S.E.  %)  of  section 
seventeen  (17),  township  eleven  (11)  north,  range  three  (3)  east, 
M.  D.  B.  and  M.,  thence  south  3  degrees  43  minutes  east  4120  feet, 
thence  south  13  degrees  37  minutes  west  3025  feet,  thence  south  23 
degrees  52  minutes  west  2460  feet  to  a  point  which  bears  west  70  feet 
from  the  northwest  (N.W.)  corner  of  the  southeast  quarter  (S.E.  V^) 
of  the  northeast  quarter  of  section  twenty-nine  (29),  township  eleven 
(11)  north,  range  three  (3)  east,  M.  D.  B.  and  M.,  thence  south  34 
degrees  52  minutes  west  2354  feet  to  a  point  on  the  left  bank  of 
the  Sacramento  river  at  Kinney's  bend,  thence  south  34  degrees  52 
minutes  west  to  a  ])oint  on  the  left  bank  of  the  Sacramento  river  at 
Wild  Irishman  bend,  thence  following  the  mcanderings  of  the  left 
bank  of  the  Sacramento  river  upstream  to  the  south  line  of  section 
twenty-six  (26),  township  fourteen  (14)  north,  range  one  (1)  east, 
M.  D.  B.  and  M.,  thence  east  to  the  southeast  (S.  E.)  corner  of  section 
twenty-five  (25'),  township  fourteen  (14)  north,  range  one  (1)  east, 
M.  D.  B.  and  M.,  thence  east  to  a  point  on  the  section  line  between 
sections  twenty-seven  (27)  and  thirty  four  (34),  township  fourteen  (14) 
north,  range  two  (2)  east,  M.  D.  B.  and  M.,  said  point  being  3875  feet 
west  of  the  southeast  corner  of  said  section  twenty-seven  (27),  thence 
south  14  degrees  2  minutes  east  13,080  feet,  thence  south  51  degrees 
20  minutes  east,  13,605  feet  more  or  less  to  the  point  of  beginning. 
The  purpose  for  which  the  said  district  is  created  is  to  reclaim  the 
lands  situated  within  the  boundaries  thereof,  or  such  part  thereof  as 
may  be  deemed  necessary  by  the  board  of  trustees  thereof,  and  for 
this  purpose  the  board  of  trustees  thereof  shall  adopt  plans,  as  in  its 
judgment  it  may  deem  best,  for  the  reclamation  of  said  lands,  or  such 
parts  thereof  as  it  deems  desirable.  It  shall  be  the  duty  of  said 
Eeclamation  District  No.  1500  to  construct  a  levee,  forming  the  south 
side  of  Tisdale  by-pass,  and  a  portion  of  the  westerly  side  of  the  Sutter 
basin  by-pass,  the  center  line  of  which  levee  shall  be  substantially 
along  the  following  lines:  the  same  having  been  approved  by  the  state 
reclamation  board ^March  31st,  1913:  Beginning  at  a  point  eighty  feet 
(80)  from  the  left  bank  of  the  Sacramento  river  in  section  thirty-five 
(35),  township  fourteen  (14)  north,  range  one  (1)  east,  M.  D.  B.  and 
M.,  said  point  being  at  the  intersection  of  the  center  lines  of  the 
proposed  Sacramento  river  levee  and  the  existing  south  Tisdale  weir 
levee  and  approximately  two  hundred  (200)  feet  south  of  the  south 
end  of  Tisdale  weir,  thence  in  a  northeasterly  direction  along  the  center 
line  of  the  existing  south  Tisdale  weir  levee  to  a  point  two  hundred 
and  forty  (240)  feet  south  of  the  south  line  of  section  twenty-five 
(25),  township  fourteen  (14)  north,  range  one  (1)  east,  M.  D.  B.  and 
M.,  and  approximately  one  thousand  two  hundred  (1200)  feet  east  of 
the  southwest  (S.  W.")  corner  of  said  section  twenty-five  (25),  thence 
east  on  a  line  parallel  to  and  two  hundred  and  forty  (240)  feet  south 
of    the    section    line    between    sections    twenty  five    (25)    and    thirty-six 


Act  2981b,  §  1  GENERAL  LAWS.  1860 

(36),  township  fourteen  (14)  north,  range  one  (1)  east,  and  between 
sections  thirty  (30)  and  thirty-one  (31),  twenty-nine  (29)  and  thirty- 
two  (32),  twenty-eight  (28)  and  tbirty-thrce  (33),  twenty-seven  (27) 
and  thirty-four  (34),  township  fourteen  (14)  north,  range  two  (2)  east, 
M.  D.  B.  and  M.  to  a  point  two  hundred  and  forty  (240)  feet  south 
of  a  point  on  said  section  line,  which  said  point  on  said  section  line 
is  4123  feet  west  of  the  southeast  corner  of  said  section  twenty-seven 
(27),  township  fourteen  (14)  north,  range  two  (2)  east,  M.  D.  B.  and 
M.,  thence  south  fourteen  (14)  degrees  two  (2)  minutes  east  twelve 
thousand  nine  hundred  (12,900)  feet,  thence  south  fifty-one  (51)  degrees 
twenty  (20)  minutes  east,  thirteen  thousand  two  hundred  (13,200)  feet 
to  a  point  on  the  section  line  between  sections  thirteen  (13)  and 
twenty  four  (24),  township  thirteen  (13)  north,  range  two  (2)  east, 
M.  D.  B.  and  M.,  said  point  being  west  one  thousand  and  ten  (1010) 
feet  from  the  southeast  (S.  E.)  corner  of  section  thirteen  (13),  township 
thirteen  (13)  north,  range  two  (2)  east,  M.  D.  B.  and  M.,  thence  south 
fifty-one  (51)  degrees  twenty  <^20)  minutes  east  four  thousand  eight 
hundred  (4800)  feet,  thence  south  (S.)  thirty-nine  (39)  degrees  forty- 
eight  (48)  minutes  east  (E.)  nineteen  thousand  three  hundred  (19,300) 
feet,  thence  south  (S.)  four  (4)  degrees  twenty  (20)  minutes  east 
eleven  thousand  one  hundred  (11,100)  feet  to  a  point  two  hundred 
(200)  feet  east  (E.)  of  the  southwest  (S.  W.)  corner  of  the  northwest 
quarter  (N.  W.  Vt)  of  section  fifteen  (15),  township  twelve  (12)  north, 
lange  three  (3)  east,  M.  D.  E.  and  M.,  thence  along  a  meander  line 
parallel  to  and  approxim?tely  six  thousand  (6000)  feet  from  the  right 
bank  of  the  Feather  river  to  a  point  fifty  (50)  feet  west  of  the  north 
east  (N.  E.)  corner  of  the  southeast  quarter  (S.  E.  %)  of  section 
seventeen  (17)  township  eleven  (11)  north,  range  three  (3)  east  (E), 
M.  I).  B.  and  M.,  thence  south  (S.)  throe  (3)  degrees  forty-three  (43) 
minutes  east  (E.)  four  thousand  and  thirty  (4030)  feet,  thence  south 
(S.)  thirteen  (13)  degrees  thirty-seven  (37)  minutes  west  (W.)  three 
thousand  (3000)  feet,  thence  south  (S.)  twenty-three  (23)  degrees 
fifty  two  (52)  minutes  west  (W.)  two  thousand  five  hundred  and  thirty 
(2530)  feet  to  a  point  which  bears  west  (W.)  three  hunilrcd  (3i.Xl) 
feet  from  the  northwest  (N.  W.)  corner  of  the  southeast  quarter  of 
the  northeast  quarter  (S.  E.  14  of  the  N.  E.  14)  of  section  twenty-nine 
(29),  township  eleven  (11)  north,  range  three  (3)  east  M.  D.  B.  and 
M.,  thence  south  (S.)  forty  (40)  degrees  eight  (8)  minutes  west  (W.) 
two  thousand  five  hundred  (2500)  feet  to  a  point  four  hundred  and  ten 
(410)  feet  from  the  left  bank  of  the  Sacramento  river  at  Kinney's 
bend,  thence  south  thirty-four  (34)  degrees  fifty-two  (52)  minutes  west 
(W.)  to  a  point  eighty  (80)  feet  from  the  left  bank  of  the  Sacramento 
river  at  Wild  Irishman  bend;  the  line  of  said  levee  to  be  located  on 
the  ground  by  the  state  department  of  engineering,  and  it  shall  be  the 
duty  of  said  Heclaniation  District  No.  1500  to  continue  the  oonstrnction 
of  a  levee  along   the  left  bank  of    the  Sacramento  river,  or  adjacent  thereto. 


1861  RECLAMATION    DISTRICTS.  Act  2981b,  §  2 

from  the  said  Wild  Irishman  bend,  upstream,  to  the  place  of  beginning. 
It  shall  also  be  the  duty  of  said  Keelamation  District  No.  1500  to  con 
struct  a  levee  through  district  No.  1,  forming  a  portion  of  the  easterly 
side  of  the  Sutter  basin  by-pass,  the  said  levee  beginning  at  the  south- 
east corner  of  the  southwest  quarter  of  section  two  (2),  township 
thirteen  (13)  north,  range  two  (2)  east,  M.  D.  B.  and  M.,  and  extending 
thence  south  51  degrees  20  minutes  east  sixteen  thousand  nine  hundred 
four  (16,904)  feet  to  the  southeast  corner  of  section  eighteen  (18), 
township  thirteen  (13)  north,  range  three  (3)  east,  M.  D.  B.  and  M., 
and  when  said  last-mentioned  levee  shall  have  been  constructed,  it 
shall  be  the  duty  of  said  Beclamation  District  No.  1.500  to  remove 
those  portions  of  the  existing  levee  of  Levee  District  No.  1,  lying 
between  the  last-named  levee  and  the  easterly  levee  of  said  Reclama- 
tion District  No.  1500,  and  full  power  and  authority  are  hereby  con- 
ferred upon  said  Reclamation  District  No.  1500  to  do  any  and  all  of  said 
acts.  No  part  of  the  land  which  may  lie  outside  of  any  of  said  levees 
mentioned  in  this  act,  nor  any  portion  thereof,  nor  any  easement,  nor 
right  of  way  therein,  or  thereover,  or  in  connection  therewith,  shall 
be  deemed  dedicated  to  the  public  use. 

Control.     Trustees.     Vacancy.     F\mds.     Powers. 

§  2.  The  management  and  control  of  said  Reclamation  District  No. 
1500  is  hereby  made  subject  to  the  provisions  of  article  1  of  chapter 
1  of  title  8  of  part  3  of  the  Political  -Code  of  the  state  of  Cali- 
fornia relating  to  swamp  and  overflowed  lands  and  reclamation  dis- 
tricts, or  any  amendments  or  additions  thereto,  except  as  otherwise 
provided  in  this  act,  the  management  and  control  of  said  Reclamation 
District  No.  1500  shall  be  vested  in  five  trustees,  who  shall  hold  office 
for  a  term  of  four  vears  and  until  their  successors  are  elected  and 
qualified.  F.  W.  Kiesel,  Edward  H.  Gerber,  Charles  F.  Silva,  P.  J. 
Hiatt  and  A.  T.  Spencer  are  hereby  appointed  trustees  for  the  said 
reclamation  district  to  act  until  their  successors  are  elected  and  quali- 
fied. An  election  of  five  trustees  shall  be  held  in  said  district  on  the 
third  Tuesday  in  October,  1917,  and  on  the  third  Tuesday  in  October 
every  four  years  thereafter,  and  the  term  of  office  shall  be  four  years 
and  until  their  successors  are  elected  and  qualified.  In  case  of  any 
vacancy  in  the  office  of  trustee  of  said  district,  the  governor  of  the 
state  shall  appoint  a  qualified  person  as  trustee,  who  shall  hold  said 
office  for  the  portion  of  said  unexpired  term.  The  office  of  said  district 
shall  be  in  the  city  of  Sacramento  and  in  such  place  as  the  board  of 
trustees  thereof  may  from  time  to  time  fix.  The  board  of  supervisors 
of  the  county  of  Sutter  shall  have  jurisdiction  of  all  matters  concern- 
ing said  district  to  the  same  extent  as  if  the  said  district  was  formed 
under  the  provisions  of  the  said  Political  Code  of  the  state  of  Cali- 
fornia, except  as  otherwise  provided  in  this  act.  All  funds  of  said 
district  shall  be  deposited  in  the  county  treasury  of  said  county  of 
Sutter  and  shall  be   disbursed  by  the   treasurer   of  said   county  in   pay- 


Act  2981b,  §  3  GENERAL   LAWS.  1862 

rnent  of  the  warrants  of  said  district.  Said  district  shall  have  power 
to  make  bylaws  in  conformity  with  the  provisions  of  law,  and  shall 
have  all  the  rights  and  powers,  which  are  now,  or  may  hereafter  be,  con- 
ferred by  the  provisions  of  the  Political  Code,  or  by  other  laws  of  the 
state  of  California  upon  reclamation  or  swamp  land  districts,  and 
shall  also  have  the  right  and  power  of  purchasing  real  and  personal 
property  and  rights  of  way  within  the  boundaries  of  said  district,  or 
outside  thereof,  as  may  be  necessary  or  desirable  to  carry  out  the 
purposes  of  said  district,  or  to  acquire  the  same  by  condemnation  pro- 
ceedings in  the  manner  provided  by  law,  and  shall  also  have  the  right 
and  power  to  join  with  other  reclamation  districts,  levee  districts  or 
swamp  land  districts  or  other  persons  in  the  construction  and  mainte- 
nance of  levees  and  reclamation  works,  and  to  contract  for  the  same, 
and  also  to  do  all  other  acts  and  things  that  may  be  incident  to  or 
necessary  to  the  reclamation  of  the  lands  of  said  district,  as  the  board 
of  trustees  thereof  may  determine.  All  of  the  provisions  of  the 
Political  Code  of  the  state  of  California,  unless  inconsistent  with  the 
provisions  of  this  act,  are  made  a  part  of  this  act,  and  shall  be  deemed 
to  be  incorjtorated  herein.  The  said  reclamation  district  hereby  created 
shall  have  the  power,  in  addition  to  the  power  hereby  conferred,  to  do 
all  other  acts  or  things  that  any  reclamation  district  or  swamp  land 
district  within  the  state  of  California  has  power  to  do  under  any  exist- 
ing law  or  any  law  hereafter  enacted. 

Districts  dissolved. 

§  3.  All  reclamation  districts,  levee  districts  or  swamp  land  districts 
wholly  situated  within  the  boundaries  of  said  reclamation  district  are 
hereby  dissolved,  except  for  the  purpose  of  liquidation  and  the  dis- 
position of  its  property,  and  for  this  purjiose  only  the  existence  of  said 
districts  are  continued.  Any  land  situated  within  the  boundaries  of 
Reclamation  District  No.  1500  that  is  situated  within  any  reclamation 
district,  levee  district  or  swamp  land  district,  is  hereby  excluded  from 
any  such  reclamation  district,  levee  district  or  swamp  land  district, 
but  such  lands  so  excluded  shall  be  liable  for  the  just  proportion  of 
the  indebtedness  of  such  reclamation  district,  levee  district  or  swamp 
land  district  to  be  ascertained  in  accordance  with  the  provisions  of 
law.  Each  of  the  said  reclamation  districts,  swamp  land  districts  or  levee 
districts  that  is  dissolved  by  the  provisions  of  this  act  shall  pay  all 
legal  outstanding  indebtedness  that  each  may  respectively  owe,  and 
may  cause  the  assessments  or  taxes  to  be  levied  and  collected  therefor, 
as  may  be  authorized  by  law.  Any  reclamation  district,  levee  district 
cr  swamp  land  district  mentioned  in  this  section  shall  have  the  right 
to  grant  and  sell  to  the  said  Reclamation  District  No.  1500  any  levees, 
reclamation  works,  rights  of  way,  easements  or  other  property  owned 
or  controlled  by  any  such  Reclamation  District  or  levee  district  or 
swamp  land  district,  and  the  said  Reclamation  District  No.  1.300  is 
authorized   and   empowered   to  purchase  the   same   or   any   part   thereof; 


18G3  RECORDERS.  Act  2986,  §§  1, 2 

provided,  that  nothing  in  this  act  shall  be  construed  to  take  away  any 
power  from  the  state  reclamation  board;  and  provided  further,  that  the 
lines  of  levee  -described  in  this  act  shall  not  be  changed,  excejjt  by  the 
legislature,  but  shall  remain  as  herein  provided, 

Iievees. 

§  4.  The  said  Reclamation  District  No.  1500  shall  have  the  right 
to  construct  levees  or  any  of  its  works  of  reclamation,  either  within 
or  without  the  boundaries  of  the  reclamation  district,  for  the  purpose 
of  promoting  the  reclamation  of  the  lands  within  said  district.  Any 
land  outside  of  the  said  reclamation  district  may  be  incorporated  within 
^•du\  reclamation  district  upon  the  written  consent  of  the  owners  of 
such  land  and  of  the  board  of  trustees  of  said  reclamation  district, 
filed  and  recorded  in  the  office  of  the  county  recorder  of  the  county  of 
Sutter,  state  of  California,  and  thereupon  the  said  lauds  shall  be 
deemed  incorporated  within  the  boundaries  of  the  said  reclamation 
district  to  all  intents  and  purposes,  as  if  the  same  was  originally  in- 
cluded therein. 

§  5.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of 
this  act  are  hereby  repealed. 

TITLE   411. 

KECOEDERS. 
ACT  2986. 

An  act  to  require   county  recorders  to  furnish   the   surveyor   general   of 
the   state   of   California  with   certificates  of  the   status   of   sixteenth 
and  thirty-sixth  sections  and  providing  the  fee  therefor. 
[Approved   April   21,   1913.     Stats.    1913,   p.   44.] 

Certificates  of  status  of  sixteenth  and  thirty-sixth  sections, 

§  1.  It  shall  be  the  duty  of  the  county  recorder  of  each  county  in 
the  state  of  California,  upon  the  request  of  the  surveyor  general  of  the 
state  of  California,  to  issue  his  certificate  certifying  to  the  status  of 
any  sixteenth  or  thirty-sixth  section,  or  legal  subdivision  thereof,  which 
are  to  be  used  as  bases  for  selections  or  conveyed  to  the  federal  gov- 
ernment in  a<!Cordance  with,  or  pursuant  to,  the  provision."}  of  an  act 
entitled  "An  act  to  authorize  the  adjustment  and  settlement  of  a  con- 
troversy existing  between  the  United  States  and  the  state  of  California, 
in  relation  to  the  grants  made  by  Congress  to  the  state  of  California 
for  the  benefit  of  the  public  schools,  and  internal  improvements,  au- 
thorizing the  conveyance  of  land  by  officers  of  the  state  for  the  pur- 
pose of  making  such  adjustment  and  settlement,  and  making  an  ap- 
propriation to  carry  out  the  provisions  hereof,"  approved  December 
24,  1911. 

§  2.  The  county  recorder  shall  transmit  said  county  recorder's 
certificate  to  the  surveyor  general  of  the  state  of  California  upon  the 
receipt  of  the  fee  of  one  dollar  for  the  issuance  of  said  certificate. 


Acts  2993-3019  gexeral  laws.  18G4 

TITLE  413. 

RED  BLUFF. 
ACT  2993. 

Citations.     App.  15/776,  778,  779,   780,  733;    (§§  15-17)    15/777. 

ACT  2996. 

Declaring  streets   and   alleys   in   to   be    public  highways.     [Stats.   ISGO, 

p.  343.] 
Citations.      App.   15/776,  778,   779,   780,   782. 

ACT  2997. 

Declaring  plat  of  town   made  by  L.  B.  Healey  to  be  the  oflicial  map. 
[Stats.  ISGl,  p.  72.J 
Citations.     App.  15/776,   778,  779,  780,   782. 

TITLE  417a. 

EICHMOXD. 
ACT  3018. 

Charter  of.     [Stats.  1909,  p.  1262.] 
Amended  1913,  p.   1691. 
Citations.     App.   17/705,  708.  709,  714,   715,  716,  717. 

ACT  3019. 

An  act  conveying  certain  tide  lands  and  lands  lying  under  inland  navi- 
gable waters  situate  in  the  bay  of  San  Francisco  and  the  bay  of 
San  Pablo  to  the  city  of  Richmond  in  furtherance  of  navigation  anl 
commerce  and  the  fisheries,  and  providing  for  the  government,  man- 
agement and  control  thereof. 

[Approved  June   11,   1913.     Stats.   1913,   p.  605.] 

Tide  lands  held  in  trust  by  state.     May  not  alienate. 

Whereas,  Since  the  admission  of  ("alifornia  into  the  Union,  all  tide 
lands  along  the  navigable  w^aters  of  this  state  and  all  lands  lying  beneath 
the  navigable  waters  of  the  state  have  been  and  now  are  held  in  trust 
by  the  state  for  the  benefit  of  all  the  inhabitants  thereof  for  the  purpose 
of  navigation,  commerce  and  fishing;  and 

Whereas,  It  is  the  duty  of  the  state  to  govern,  administer  and  con- 
trol such  lands  and  to  improve  and  develop  navigation,  commerce  and 
fishing  thereon  and  thereover;  and 

Whereas,  The  state  has  not  the  general  power  of  alienation  of  such 
lands,  but  may,  when  the  interests  of  commerce,  navigation  and  fishing 
require  it,  convey  to  municipalities  limited  and  defined  areas  of  such 
lands  with  the  power  to  govern,  control,  improve  and  develop  the  same 
in  the  interests  of  all  of  the  inhabitants  of  the  state;  and 

Whereas,  The  conveyance  to  the  city  of  Richmond  of  the  lands  here- 
iiiul'ter   described,   together   with    the   right    to   govern,   control,   improve 


1865  RICHMOND.  Act  3019,  §§  1-5 

and  develop  the  same  -will  result   in   great  advantage  and  benefit  to  all 
the  inhabitants  of  the  state,  it  is  provided;  therefore 

Tide  lands  granted  to  Richmond. 

§  1.  There  is  hereby  granted  and  conveyed  to  the  city  of  Richmond 
in  the  county  of  Contra  Costa,  in  the  state  of  California,  all  the  lands 
situate  on  the  city  of  Eiehmond  side  of  the  bay  of  San  Francisco  and 
the  bay  of  San  Pablo,  lying  and  being  between  the  line  of  mean  high 
tide  and  the  line  of  mean  low  tide  as  the  same  has  been  or  may  be 
hereafter  established  between  the  prolongation  into  the  bay  of  San 
Pablo  of  the  north  boundary  line  of  the  said  city  of  Richmond  and  the 
prolongation  into  the  bay  of  San  Francisco  of  the  southerly  boundary 
line  of  the  city  of  Richmond. 

City  may  improve. 

§  2.  The  city  of  Richmond  shall  have  and  there  is  hereby  granted  to 
it  the  right  to  make  upon  said  premises  all  improvements,  betterments 
and  structures  of  every  kind  and  character,  proper,  needful  and  useful 
for  the  development  of  commerce,  navigation  and  fishing,  including  the 
construction  of  all  wharves,  docks,  piers,  slips,  and  the  construction  and 
operation  of  a  municipal  belt  line  railroad  in  connection  with  said  dock 
system. 

City  may  not  transfer  lands. 

§  3.  (No  grant,  conveyance  or  transfer  of  any  character  shall  ever 
be  made  by  the  city  of  Richmond  of  the  lands  described  in  paragraph  1, 
or  of  any  part  thereof,  but  the  said  city  shall  continue  to  hold  said 
lands  and  the  whole  thereof  unless  the  same  revert  or  be  re-ceded  to 
the  state  of  California.  The  harbor  of  Richmond  shall  remain  alw'ays 
a  public  harbor  and  the  said  city  shall  never  charge  or  permit  to  be 
charged  on  any  of  the  premises  by  this  act  conveyed  any  unreasonable 
rate  or  toll,  nor  make  nor  suffer  to  be  made  any  unreasonable  charge, 
burden  or  discrimination.  In  the  event  of  a  violation  of  any  of  the 
provisions  of  this  act  the  said  lands  and  the  whole  thereof  shall  revert 
to  the  state  of  California.) 

May  lease  wharves,  etc. 

§  4.  The  city  of  Richmond  may  lease  for  a  term  not  exceeding 
twentj'-five  years  any  wharves,  docks  or  piers  constructed  by  it,  and 
all  such  leases  so  executed  shall  reserve  to  the  council  of  the  city 
of  Richmond  the  right  and  privilege,  by  ordinance  to  annul,  change  or 
modify  such  leases  as  in  its  judgment  may  seem  proper.  The  aggregate 
amount  of  all  wharves,  docks  and  piers  so  leased  by  said  city  shall 
never  exceed  fifty  per  cent  of  all  of  the  wharves,  docks  and  piers 
actually   constructed. 

May  lease  land  for  wharves,  etc. 

§  5.  The  city  of  Richmond  may  lease  not  to  exceed  an  aggregate 
of   fifty  per  cent   of   the   lands   conveyed   to   it   by   this   act,  for  a   term 


Act  3019,  §§  6-8  GENERAL  LAWS.  1S66 

not  to  exceed  twenty-five  years  and  upon  which  wharves,  docks  or 
piers  have  not  been  actually  constructed  and  no  such  lease  shall  be 
for  a  larger  area  than  forty  acres,  and  such  leases  shall  not  be  assign- 
able or  transferable,  nor  shall  any  lessee  have  the  right  to  sublet  the 
leased  premises  or  any  part  thereof  except  by  the  consent  of  the  city 
council  of  said  city  of  Richmond  set  forth  in  an  order  of  said  city 
council  and  all  such  leases  so  executed  shall  reserve  to  the  council  of 
the  city  of  Richmond  the  right  and  privilege,  by  ordinance  to  annul, 
change  or  modify  such  leases  as  in  its  judgment  may  seem  proper. 

Condition  of  grant.  Two  hundred  and  fifty  thouaand  dollars.  Lands  may 
revert  to  state. 

§  6.  The  foregoing  conveyance  is  made  upon  the  condition  that  the 
city  of  Richmond  shall,  within  twelve  months  from  the  approval  of 
this  act,  exclusive  of  such  times  as  said  city  may  be  restrained  from 
60  doing  by  an  injunction  issued  out  of  any  court  of  this  state  or  of 
the  United  States,  and  exclusive  of  such  further  delay  as  may  be  caused 
by  unavoidable  misfortune  or  great  public  or  municipal  calamity,  issue 
its  bonds  for  harbor  improvement  purposes  in  an  amount  of  not  less 
than  two  hundred  and  fifty  thousand  dollars,  and  shall,  within  eighteen 
months  after  the  approval  of  this  act,  exclusive  of  the  time  in  this 
section  hereinbefore  mentioned,  commence  the  work  of  such  harbor 
improvement,  and  the  said  work  and  improvement  shall  be  prosecuted 
with  such  diligence  that  not  less  than  two  hundred  and  fifty  thousand 
dollars  shall  be  expended  thereon  within  three  years  from  the  approval 
of  this  act  exclusive  of  the  time  in  this  section  hereinbefore  mentioned. 
The  said  harbor  improvement  work  shall  be  so  done  and  performed  that 
accommodation  will  be  furnished  and  maintained  for  ocean  going  vessels 
and  a  depth  of  water  shall  be  obtained  and  maintained  at  the  piers 
of  not  less  than  twenty  feet. 

If  said  bonds  be  not  issued  or  said  work  be  not  prosecuted  and  com- 
pleted as  and  in  the  manner  herein  provided,  then  the  lands  by  this 
act  conveyed  to  the  city  of  Richmond  shall  revert  to  the  state  of  Cali- 
fornia. 

Reservations  to  state. 

§  7.  The  state  hereby  reserves  unto  itself  at  all  times,  the  reasonable 
use  of  and  access  to  all  wharves,  docks,  piers,  slips  and  quays  here- 
after constructed  under  the  provisions  of  this  act,  for  any  vessel  or 
water  craft   owned,  leased  or  operated  by  the  state. 

Actions  to  recover  possession. 

§  8.  The  city  of  Richmond  shall  in  the  name  of  the  state  of  Cali- 
fornia have  and  is  hereby  granted  the  power  and  authority  to  maintain 
and  prosecute  to  final  judgment  in  any  court  of  the  state  or  I'nited 
States  in  which  jurisdiction  may  be  vested  any  and  all  actions  necessary 
to  recover  possession,  from  any  private  persons,  partnerships  or  cor- 
porations all  or  any  part  of  the  lands  granted  in  section  1  hereof 


1867  SACRAMENTO  ETC.  DRAINAGE  DISTRICT.      ActS  3020-3035 

ACT  3020. 

An   act   to   recognize   and    declare   valid   all    proceedings   in   Richmond 

municipal   water   district. 

[Approved  March  28,   1913.     Stats.  1913,  p.   12.] 

Richmond  water  district  validated^ 

§  1.  The  Richmond  municipal  water  district  as  formed  by  the  board 
of  supervisors  of  Contra  Costa  county,  state  of  California,  and  as  now 
existing,  is  hereby  recognized  and  declared  valid,  and  all  proceedings 
ou  organization  and  formation  are  hereby  approved  and  declared  valid. 

TITIit   41Tbi. 

RIVERSIDE. 
ACT  8021. 

Charter  of.     [Stats.  1907,  p.  1330.] 
Citationi.     Gal.  160/530,  531. 

TITLE  420a. 
SACRAMENTO  AND  SAN  JOAQUIN  DRAINAGE  DISTRICT. 

ACT  3035.  ' 

An  act  to  amend  an  act  entitled  "An  act  approving  the  report  of  the 
California  debris  commission  transmitted  to  the  speaker  of  the  house 
of  representatives  by  the  secretary  of  war  on  .June  27,  1911,  direct- 
ing the  approval  of  plans  of  reclamation  along  the  Sacramento  river 
or  its  tributaries  or  upon  the  swamp  lands  adjacent  to  said  river, 
directing  the  state  engineer  to  procure  data  and  make  surveys  and 
examinations  for  the  purpose  of  perfecting  the  plans  contained  in 
said  report  of  the  California  debris  commission  and  to  make  report 
thereof,  making  an  appropriation  to  pay  the  expenses  of  such  exam- 
inations and  surveys,  and  creating  a  reclamation  board  and  defining 
its  powers,"  approved  December  2i,  1911;  by  amending  sections  1, 
3  and  4  of  said  act,  and  adding  sixteen  new  sections  to  said  act 
to  be  designated  as  sections  5,  6,  7,  8,  9,  10,  11,  12,  13,  14,  15,  16, 
I6V2,  17,  18  and  19;  creating  a  drainage  district  to  be  known  as  Sac- 
ramento and  San  Joaquin  drainage  district,  appointing  of  a  reclama- 
tion board,  providing  for  the  management  and  control  of  said  district 
and  defining  the  powers  and  duties  of  the  reclamation  board  and  the 
state  engineer,  the  acquisition  of  rights  of  way  and  property  by 
said  drainage  district,  the  reclamation  and  protection  of  the  lands 
therein  which  are  subject  to  overflow  from  the  Sacramento  and 
San  Joaquin  rivers  and  their  tributaries  and  control  of  the  floods 
thereof;  the  making  of  assessmeats;  also  defining  the  rights  and 
powers  of  certain  municipal  corporations,  levee,  drainage  and  pro- 
tection  districts   therein,   and   making   an   appropriation   to   pay   the 


Act  3035,  §§  1,  2  GENERAL   LAWS.  1868 

expenses  of  the  state  engineer  and  the  reclamation  board;  also  pro- 
viding for  the  approval  and  creation  of  plans  of  reclamation,  and 
the  examination  of  the  security  afforded  to  bonds  of  reclamation 
and  drainage  districts  and  others;  to  prevent  the  diversion  of  the 
waters  of  any  stream  into  the  Sacramento  and  San  Joaquin  rivers; 
to  prevent  the  construction  of  and  to  require  the  removal  or  regu- 
lation of  obstructions  in  streams,  by-passes  and  overflow  channels; 
to  repay  money  contributed  for  thie  purchase  of  rights  of  way  for 
enlargement  of  the  outlet  of  the  Sacramento  river  and  making  an 
appropriation   for   carrying  out   the   purposes   of  this  act. 

[Approved  May  26,  1913.     Stats.  191.3,  p.  252.     In  effect  August  10,  1913.] 
The  title  of  the  original  act  read  as  follows: 

An  act  approving  the  report  of  the  California  debris  commission  trans- 
mitted to  the  speaker  of  the  house  of  representatives  by  the  secre- 
tary  of   war   on   .Tune   27,   1911,   directing  the   approval   of   plans   of 
reclamation    along   the   Sacramento   river   or   its    tributaries   or   upon 
the  swamp  lands  adjacent  to  said  river,  directing  the  state  engineer 
to  procure  data  and  make  surveys  and  examinations  for  the  purpose 
of  perfecting   the  plans   contained   in   said   report   of  the  California 
Debris   Commission   and   to    make   report    thereof,   making   an    api)ro- 
^     priation  to  pay  the  expenses  of  such  examinations  and  surveys,  and 
creating  a   reclamation   board   and   defining  its   powers. 
[Approved  December  24,  1911.     Stats.  Ex.  Sess.  1911,  p.  117.] 
The  act  itself  follows: 

Debris  commission  report  approved. 

§  1.  The  report  of  the  California  debris  eommi.'ssion  transmitted  to 
the  speaker  of  the  house  of  representatives  of  the  United  .States  by 
the  secretary  of  war  on  the  twenty-seventh  day  of  June,  1911,  with 
such  modifications  and  amendments  as  may  hereafter  be  adopted  by 
the  reclamation  board,  is  hereby  ajijiroved  as  a  plan  for  controlling 
the  flood  waters  of  the  Sacramento  river  and  San  Joaquin  river  and 
their  tributaries,  for  the  improvement  and  preservation  of  navigation 
and  the  reclamation  and  protection  of  the  lands  that  are  susceptible  to 
overflow  from  said  rivers  and  their  tributaries.  [Amendment  approved 
May  26,  1913;  Stats.  1913,  p.   253.] 

Reclamation  board,  its  powers  and  duties. 

§  2.  There  is  hereby  created  a  board  to  be  known  as  the  reclamation 
board,  consisting  of  three  persons  to  be  appointed  by,  and  to  hold 
office  at  the  pleasure  of  the  governor.  It  shall  be  the  duty  of  said 
reclamation  board,  and  it  is  hereby  empowered  to  pass  upon  and  approve 
plans  of  reclamation  that  contemplate  the  construction  of  levees,  em- 
bankments or  canals  along  or  near  the  banks  of  the  Sacramento  river 
or  its   tributaries    or   connected   therewith,   or   upon   any    land   adjacent 


1869  SACRAMENTO   ETC.    DRAINAGE   DISTRICT.      Act  3035,  §§  3,  4 

thereto  or  within  any  of  the  overflow  basins  thereof.  Any  original 
plan  of  reclamation  hereafter  adopted  that  includes  or  contemplates  the 
construction  of  any  levee,  embankment,  or  canal  along  or  near  the  banks 
of  the  Sacramento  river  or  its  tributaries  or  connected  therewith,  or 
upon  any  lands  adjacent  thereto  or  within  any  of  the  overflow  basins 
tliereof,  must  be  approved  by  the  reclamation  board  before  such  plan 
of  reclamation  shall  have  been  adopted  by  the  trustees  of  any  reclama- 
tion, levee,  protection  or  drainage  district  or  by  any  person,  corporation 
or  association.  Any  such  plan  of  reclamation  shall  be  void  unless  first 
approved  by  said  board,  and  the  construction  of  any  levee,  embankment 
or  canal  at  any  of  the  places  hereinbefore  mentioned,  without  such  ap- 
proval, is  hereby  declared  to  be  a  public  nuisance,  and  the  reclamation 
board  is  hereby  empowered  to  prosecute  any  suit  or  suits  in  the  name 
of  the  people  for  the  prevention  or  abatement  of  such  nuisance. 

State  engineer  to  make  surveys. 

§  3.  The  state  engineer  is  hereby  directed  to  procure  data  and  make 
surveys  and  examinations  upon  said  rivers  and  tributaries  for  the  pur- 
pose of  perfecting  the  plans  contained  in  the  report  mentioned  in  section 
1  of  this  act,  and  making  additional  plans  for  the  San  Joacjuin  and 
Sacramento  rivers  and  their  tributaries,  and  to  make  a  report  thereof 
to  the  reclamation  board.  He  shall  advise  and  assist  the  reclamation 
board,  and  shall  be  reimbursed  by  said  board  for  any  necessary  expenses 
incurred  bv  him  under  the  directions  of  the  board.  [Amendment  ap- 

proved May  26,  1913;  Stats.  1913,  p.  253.] 

"Sacramento  and  San  Joaquin  drainage  district."    Boundaries. 

§  4.  There  is  hereby  created  a  drainage  district  to  be  known  and 
designated  as  "Sacramento  and  San  Joaquin  drainage  district,"  the 
boundaries  of  which  said  district  are  as  follows: 

Commencing  at  a  point  on  the  west  boundary  of  section  26,  township 
3  north,  range  1  east  Mount  Diablo  base  and  meridian,  and  20  chains 
south  of  the  northwest  corner  of  said  section;  thence  east  %  mile; 
thence  south  %  mile;  thence  east  i/^  mile  to  the  quarter  section  corner 
on  the  east  line  of  said  section  26;  thence  south  ^4:  mile;  thence  east 
2%  miles  to  the  center  of  the  southwest  quarter  of  section  29,  township 
3  north,  range  2  east;  thence  northeast  to  the  northeast  corner  of  said 
section  29;  thence  east  ^/y  mile  to  the  quarter  section  corner  on  the 
north  line  of  section  28,  township  3  north,  range  2  east;  thence  north- 
east to  the  quarter  section  corner  on  the  north  line  of  section  22,  town- 
ship 3  north,  range  2  east;  thence  east  H  mile;  thence  north  i/4  mile; 
thence  east  ^2  mile;  thence  north  %  mile;  thence  east  %  mile;  thence 
north  14  mile  to  the  quarter  section  corner  on  the  north  line  of  section 
14,  township  3  north,  range  2  east;  thence  east  %  mile;  thence  north 
Yi  mile;  thence  east  %  mile;  thence  north  %  mile;  thence  east  %  mile; 
thence  north  %  mile;  thence  east  Vi  mile;  thence  north  %  mile;  thence 
east  Vi   mile;  thence  north  to  the  south  corporate  limit  of   the  town   of 


Act  3035,  §  4  GENERAL   LAWS,  1870 

Eio  Vista;  thonce  through  said  town  as  follows:  northeasterly  on  a 
direct  line  to  the  iitersection  of  the  center  line  of  California  street  witli 
the  center  line  of  First  street;  thence  northwesterly  along  the  center 
line  of  (California  street  to  its  intersection  witli  the  center  line  of  the 
most  westerly  alley  running  northeasterly  through  block  2;  thence  north- 
easterly along  the  center  line  of  sai<l  all(\v,  through  blocks  2,  1  and  11, 
to  its  intersection  with  the  north  line  of  the  alley  or  street  running 
northwesterly  through  the  center  of  block  12;  thence  northeasterly  along 
the  north  line  of  said  alley  to  its  intersection  with  the  center  line  of 
the  alley  running  southwesterly  through  the  center  of  block  14;  thence 
southwesterly  along  the  center  line  of  said  alley  to  its  intersection  with 
the  center  line  of  Sacramento  street;  thence  northwesterly  along  the 
center  line  of  said  street  to  its  intersection  with  the  center  line  of 
Third  street;  thence  southwesterly  along  the  center  line  of  Third  street 
to  its  intersection  with  the  center  line  of  Main  street;  thence  north- 
westerly along  the  center  line  of  Main  street  to  its  intersection  with 
the  center  line  of  Fourth  street;  thence  northwesterly  along  the  center 
of  Fourth  street  to  its  intersection  with  the  center  line  of  Sacramento 
street;  thence  northwesterly  along  the  center  line  of  Sacramento  street 
to  its  intersection  with  the  center  line  of  Fifth  street;  thence  north- 
easterly along  the  center  line  of  Fifth  street;  or  a  continuation  thereof, 
to  the  north  corporate  limit  of  said  town  of  Rio  Vista;  thence  south- 
easterly along  said  corporate  limit  to  its  intersection  with  the  quarter 
section  line  running  north  and  south  through  the  center  of  section 
thirty,  township  4  north,  range  3  east,  thence  north  along  said  line 
to  the  quarter  section  corner  on  the  north  line  of  said  section  thirty; 
thence  west  %  mile;  thence  north  1^4  miles;  thence  west  '4  niile  to 
the  east  line  of  section  13,  township  4  north,  range  2  east;  thence  north 
%  mile  to  the  northeast  corner  of  said  section;  thence  west  y^  mile; 
thence  south  14  niile;  thence  west  %  mile;  thence  north  ^  mile  to  the 
northwest  corner  of  said  section  13;  thence  east  %  mile;  thence  north 
14  mile;  thence  east  V4  mile;  thence  north  'A  mile;  thence  west  'A 
mile;  thence  north  14  n\\\e  to  the  northeast  corner  of  section  11,  town- 
ship 4  north,  range  2  east;  thence  west  1  mile  to  the  northwest  corner 
of  said  section  11;  thence  northwest  in  a  direct  line  to  the  southeast 
corner  of  section  29,  township  5  north,  range  2  east;  thence  northwest- 
erly in  a  direct  line  to  the  quarter  section  corner  on  the  west  line  of 
section  29,  township  5  north,  range  2  east;  thonce  west  1  mile  to  the 
quarter  section  corner  on  the  west  line  of  section  30,  township  5  north, 
range  2  cast;  thence  north  along  range  line  Si/i  miles  to  the  southwest 
corner  of  section  6,  township  5  north,  range  2  east;  thence  east  Vj  mile 
to  the  quarter  section  corner  on  the  south  line  of  said  section  6;  thence 
north  Ij  mile;  thence  east  i^  mile  to  the  quarter  section  corner  on  the 
west  line  of  section  5,  township  5  north,  range  2  east;  thence  north 
14  mile  to  the  northwest  corner  of  said  section  0;  thence  east  along 
the  township  line  %  of  a  mile;  thence  north  14  mile;  thence  oast  ^ij 
mile;    thence    north    ^    mile    to   the   north   line   of   section   33,   township 


1871  SACRAMENTO   ETC.    DRAINAGE   DISTRICT.      Act  3035,  §  4 

6  north,  range  2  east;  thence  east  ^4  mile  to  the  quarter  section  corner 
on  the  north  line  of  said  section  33;  thence  north  1  mile  to  the  quarter 
section   corner  on  the  south  line   of   section  21,  township  6  north,   range 

2  east;  thence  east  V^  mile  to  the  southeast  corner  of  said  section  21; 
thence  north  i/4  mile  to  the  quarter  section  corner  on  the  west  line 
of  section  21,  township  6  north,  range  2  cast;  thence  east  V2  mile; 
thence  north  %  mile;  thence  east  V2  mile  to  the  east  line  of  said 
section  22;  thence  north  14  mile  to  the  southwest  corner  of  section  14, 
township  6  north,  range  2  east;  thence  east  V2  mile  to  the  quarter 
section  corner  on  the  south  line  of  said  section  14;  thence  north  % 
of  a  mile;  thence  east  Vj  mile  to  the  east  line  of  said  section  14;  thence 
north  V2  mile;  thence  east  1  mile  to  the  county  line  between  the  coun- 
ties of  Solano  and  Yolo. 

Thence  east  VL'  niile  to  the  center  of  the  south  half  of  section  7,  town- 
ship 6  north,  range  3  east;  thence  north  3%  miles  to  the  quarter  section 
corner  on  the  south  line  of  section  19,  township  7  north,  range  3  east; 
thence  east  V2  mile  to  the  southeast  corner  of  said  section  19;  thence 
north  1  mile  to  the  southwest  corner  of  section  17,  township  7  north,  range 

3  east;  thence  east  %  mile;  thence  north  Y^  mile;  thence  east  V^  mile; 
thence  north  ^2  mile;  thence  east  V2  mile  to  the  east  line  of  said  section 
17;  thence  north  %  of  a  mile  to  the  quarter  section  corner  on  the  west 
line  of  section  9,  township  7  north,  range  3  east;  thence  east  V2  mile; 
thence  north  %  mile  to  the  quarter  section  corner  on  the  north  line 
of  section  9;  thence  west  %  mile  to  the  northwest  corner  of  section  9; 
thence  north  2  miles  to  the  southeast  corner  of  section  29,  township  8 
north,  range  3  east;  thence  west  2  miles  to  the  southwest  corner  of 
section  30,  township  8  north,  range  3  east;  thence  north  4  miles  along 
the  range  line  to  the  southwest  corner  of  section  6,  township  8  north, 
range  3  east;  thence  east  IV2  miles  to  the  quarter  section  corner  on  the 
south  line  of  section  5,  township  8  north,  range  3  east;  thence  north 
1  mile  to  the  quarter  section  corner  on  the  north  line  of  said  section  5; 
thence  west  %  of  a  mile  along  the  township  line;  thence  north  2^/^ 
miles;  thence  west  ^  mile;  thence  north  14  mile  to  the  quarter  section 
corner  on  the  south  line  of  section  18,  township  9  north,  range  3  east; 
thence  west  %  mile  to  the  southwest  corner  of  said  section  18;  thence 
north  on  the  range  line  %  mile  to  the  quarter  section  corner  on  the 
east  line  of  section  13,  township  9  north,  range  2  east;  thence  west  % 
mile;  thence  north  14  mile  to  the  quarter  section  corner  on  the  south 
line  of  section  12,  township  9  north,  range  2  east;  thence  west  %  mile 
to  the  southwest  corner  of  said  section  12;  thence  north  3  miles  to  the 
southwest  corner  of  section  25,  township  10  north,  range  2  east;  thence 
east  2  miles,  more  or  less,  to  the  westerly  line  of  the  Yolo  by-pass; 
thence  northerly  along  the  westerly  line  of  the  Yolo  by-pass  to  the 
southwesterly  line  of  the  Knights  Landing  ridge  cut;  thence  following 
the  southwesterly  line  of  said  cut  to  the  south  levee  of  reclamation  dis- 
trict No.  730;  thence  west  to  the  quarter  section  corner  on  the  south 
line   of  section  35,  township  11  north,   range  2  east;   thence   north   in   a 


Act  3035,  §  4  GENERAL   LAWS.  1872 

direct  line  to  the  quarter  section  corner  at  the  center  of  section  35, 
township  11  north,  range  2  east;  thence  northwest  in  a  direct  line  to 
the  northwest  corner  of  said  section  35;  thence  following  legal  sub- 
division lines  in  township  11  north,  range  2  east,  north  2  miles  to  the 
northwest  corner  of  section  23;  west  2  miles  to  the  southwest  corner  of 
section  16;  north  i/{.  mile  to  the  quarter  section  corner  on  the  east  line 
of  section  17,  west  Vj  mile  to  the  center  of  section  17;  north  V^  mile; 
west  ^2  mile  to  the  west  line  of  section  17;  north  %  mile  to  the  north- 
west corner  of  section  17;  thence  west  on  section  lines  3  miles  to  the 
southwest  corner  of  section  11,  township  11  north,  range  1  east;  thence 
following  legal  subdivision  lines  in  township  11  north,  range  1  east, 
north  1  mile  to  the  northwest  corner  of  section  11;  west  %  mile  to  the 
quarter  section  corner  on  the  south  line  of  section  3;  north  ^{>  mile  to 
the  center  of  section  3;  west  3  miles  to  the  center  of  section  6;  north 
^/j  mile  to  the  quarter  section  corner  on  the  north  line  of  section  6; 
thence  west  along  township  line  %  of  a  mile;  thence  following  legal 
subdivision  lines  in  township  12  north  range  1  west,  north  i^.  mile; 
thence  west  Vt  mile;  thence  north  IVj  miles  to  the  quarter  section  corner 
on  the  north  line  of  section  25;  west  V^  mile,  north  1  mile  to  the  north 
line  of  section  24;  west  ^/4  mile,  north  1  mile  to  the  north  line  of 
section  14;  east  %  mile  to  the  southwest  corner  of  section  12;  north 
1  mile  to  the  northwest  corner  of  section  12;  east  ^'j  mile  to  the  quarter 
section  corner  on  the  south  line  of  section  1;  thence  north  on  quarter 
section  line  1  mile  to  the  county  line  between  the  counties  of  Yolo  and 
Colusa. 

Thence  continuing  north  1  mile  to  the  quarter  section  corner  on  the 
north  line  of  section  36,  township  13  north,  range  1  west,  east  V4  mile, 
north  %  mile,  west  %  mile,  to  the  center  of  section  25;  north  'i  mile, 
west  V4  mile,  north  14  mile,  west  Vi  "'ile  to  the  west  line  of  section 
24;  north  ^4  m'le  to  the  quarter  section  corner  on  the  east  line  of  sec- 
tion 23;  west  %  mile,  north  %  of  a  mile,  west  V4  of  a  mile,  north  Vi  of  a 
mile  to  the  quarter  section  corner  on  the  north  line  of  section  23;  west 
14  niile,  north  14  mile,  west  ^/j  mile,  north  14  mile,  west  '^•2  mile,  north 
14  mile,  west  %  mile  to  the  west  line  of  section  15;  north  V4  mile  to 
the  northwest  corner  of  section  15;  west  Vi  mile,  north  1  mile  to  the 
north  line  of  section  9;  west  %  mile  to  the  quarter  section  corner  on 
the  south  line  of  section  4;  north  'o  mile  to  center  of  section  4,  west 
14  mile,  north  i/>  mile  to  the  north  line  of  section  4;  thence  west  along 
the  township  line  •%  of  a  mile  to  the  quarter  section  corner  on  the  south 
line  of  section  32,  township  14  north,  range  1  west.  Thence  following 
legal  subdivision  lines  in  township  14  north,  range  1  west,  north  1  lA 
miles  to  the  center  of  section  29;  west  ^'j  mile  to  the  quarter  section 
corner  on  the  west  line  of  section  29;  north  %  of  a  mile,  west  ^4  of 
a  mile,  north  1  mile,  west  Vi  of  a  mile,  north  i-;  mile,  west  H  mile, 
north  14  mile  to  the  north  line  of  section  18;  west  V4  mile  to  the  north- 
west corner  of  section  18;  thence  north  along  the  range  line  2  miles  to 
the  northwest  corner  of  township  14  north,  range  1  west;   thence  along 


1873  SACRAMENTO   ETC.    DRAINAGE  DISTRICT.      Act  3035,  §  4 

legal  subdivision  lines  in  township  15  north,  range  2  west,  as  follows: 
west  ^2  mile  to  the  quarter  section  corner  on  the  south  line  of  section 
.■^6;  thence  north  I14  mile;  thence  west  ^,4  mile;  thence  ngrth  %  mile, 
thence  west  Vi  mile  to  the  west  boundary  line  of  section  25;  thence 
north  IVj  miles  to  the  southeast  corner  of  section  14;  thence  west  V^ 
mile;  thence  north  1  V_.  miles;  thence  west  Vi  mile  to  the  center  of 
sectio'n  11;  thence  north  Vl>  mile  to  the  quarter  section  corner  on  the 
south  line  of  section  2;  thence  west  ^/4  mile;  thence  north  i/4  mile; 
tiience  west  14  mile  to  the  west  line  of  said  section  2;  thence  north 
%  of  a  mile  to  the  northwest  corner  of  section  2;  thence  west  i/^  mile 
to  the  quarter  section  corner  on  the  south  line  of  section  34,  township 
16  north,  range  2  west;  thence  following  legal  subdivision  lines  in 
township  16  north,  range  2  west,  as  follows:  north  i/>  mile  to  the  center 
of  section  34;  west  Vj  mile  to  the  quarter  section  corner  on  the  west 
line  of  section  34;  thence  north  %  mile  to  the  northwest  corner  of  sec 
tion  34;  thence  west  }A  mile  to  the  quarter  section  corner  on  the  south 
line  of  section  28;  thence  north  14  mile  to  the  center  of  section  28; 
thence  west  Vj  mile  to  the  quarter  section  corner  on  the  west  line  of 
section  28;  thence  north  14  mile  to  the  southeast  corner  of  section  20, 
township  16  north,  range  2  west;  thence  west  Yj  mile  to  the  quarter 
section  corner  on  the  south  line  of  said  section  20;  thence  north  14  mile; 
thence  west  V2  mile  to  the  quarter  section  corner  on  the  west  line  of 
section  20;  thence  north  914  miles  to  the  southwest  corner  of  section 
32,  township  18  north,  ratige  2  .west;  thence  west  1  mile  to  the  south- 
west corner  of  section  31;  thence  north  three  and  five-eighths  miles 
to  the  county  line  between  the  counties  of  Colusa  and  Glenn. 

Thence  north  2%  miles  to  the  northwest  corner  of  section  6,  town- 
ship 18  north,  range  2  west;  thence  east  along  the  township  line  two 
miles  to  the  southeast  corner  of  section  32,  township  19  north,  range 
2  west;  thence  north  1  mile  to  the  northeast  corner  of  said  section; 
thence  east  2  miles;  thence  north  1  mile;  thence  east  1  mile;  thence 
north  2  miles;  thence  east  1  mile  to  the  southeast  corner  of  section 
12,  township  19  north,  range  2  west;  thence  north  along  the  range  line, 
3Vj  miles  to  the  quarter  section  corner  on  the  east  of  section  25,  town- 
ship 20  north,  range  2  west;  thence  east  ^2  mile;  thence  north  2V2  miles; 
thence  east  to  the  center  of  the  Sacramento  river;  thence  up  the  center 
of  the  said  Sacramento  river  to  the  mouth  of  Chico  creek;  thence  up 
said  Chico  creek  to  its  intersection  with  the  Mount  Diablo  meridian; 
thence  south  along  the  Mount  Diablo  meridian,  dV^  miles  more  or  less 
to  the  southwest  corner  of  section  18,  township  20  north,  range  1  east. 

Thence  east  1%  miles;  thence  south  2  miles;  thence  east  2^/2  miles 
to  the  northwest  corner  of  section  35,  township  20  north,  range  1  east; 
thence  south  2  miles  to  the  southeast  corner  of  section  3,  township  19 
north,  range  1  east;  thence  west  1  mile  to  the  southwest  corner  of  said 
section  3;  thence  south  15  miles  to  the  southeast  corner  of  section  21, 
township  17  north,  range  1  east;  thence  west  ^2  mile  to  the  quarter 
118 


Act  3035,  §  4  GENERAL  LAWS.  1874 

section  corner  on  the  south  line  of  said  section  21,  which  is  the  county 
line  between  the  counties  of  Butte   and   Sutter. 

Thence  south  IV^  miles;  thence  west  V2  mile;  thence  south  %  mile, 
to  the  northeast  corner  of  section  5,  township  16  north,  range  1  east; 
thence  west  y^  niile;  thence  south  1  mile;  thence  west  ^  mile;  thence 
south  14  mile;  thence  west  %  mile;  thence  south  %  of  a  mile;  thence 
west  %  of  a  mile,  to  the  southwest  corner  of  section  7,  township  16 
north,  range  1  east;  thence  south  along  the  Mount  Diablo  meridian,  2 
miles  to   the   southwest   corner   of  section    19,  township   16   north,   range 

1  east;  thence  east  %  of  a  mile;  thence  south  Vj  mile;  thence  east  Vi 
mile;  thence  south  ^j  mile;  thence  east  %  mile;  thence  south  l\^  miles; 
thence  east  %  of  a  mile;  thence  south  %  of  a  mile;  thence  east  *•(• 
mile,  to  the  west  line  of  section  9,  township  15  north,  range  1  east; 
thence  south  i/i  mile,  to  the  quarter  section  corner  on  the  west  line 
of  said  section  9;  thence  east  1  mile  to  the  quarter  section  corner  on 
the  east  line  of  said  section  9;  thence  south  ^j  mile  to  the  southwest 
corner  of  section  10,  township  15  north,  range  1  east;  thence  east  1 V4 
mile;  thence  south  V2  mile;  thence  east  ^4  mile;  thence  south  V4  mile; 
thence  east  1  mile;  thence  north  14  mile;  thence  east  %  mile  to  the 
quarter  section  corner  on  the  west  line  of  section  18,  township  15  north, 
range  2  east;  thence  north  V4  mile,  thence  east  Va  mile;  thence  south 
%  mile;  thence  east  1  mile;  thence  south  ^  mile;  thence  east  Vi  mile; 
thence  south  14  mile,  to  the  south  line  of  section  17,  township  15  north, 
range  2  east;  thence  east  1%  niiles  to  the  quarter  section  corner  on  the 
south  line  of  section  15,  township  15  north,  range  2  east;  thence  north 
IVj  miles;  thence  east  M.'  mile,  to  the  quarter  section  corner  on  the  west 
line  of  section  11,  township  15  north,  range  2  east;  thence  north  1 
mile  to  the  quarter  section  corner  on  the  west  line  of  section  2  of 
said  township;  thence  east  14  mile;  thence  north  \->  mile  to  the  quarter 
section  corner  on   the  north  line  of  section  2,  township   15  north,  range 

2  east;  thence  east  along  the  third  standard  parallel  north,  to  the  south- 
east coVner  of  section  35,  township  16  north,  range  2  east. 

Thence  north  IV2  miles  to  the  quarter  section  corner  on  the  east  line 
of  section  26,  township  16  north,  range  2  east;  thence  west  V4  mile; 
thence  north  IVL'  miles  to  the  south  line  of  section  14,  township  16 
north,  range  2  east;  thence  west  %  mile  to  the  quarter  section  corner 
on  the  south  line  of  said  section  14;  thence  north  l^/^  miles;  thence 
west  V4  mile;  thence  north  %  of  a  mile;  thence  west  V2  mile;  thence 
north  %  of  a  mile,  to  the  south  line  of  section  thirty-four,  township 
17  north,  range  2  east;  thence  west  along  the  township  line,  Va  mile; 
thence  north  \<  mile;  thence  west  ^4  mile  to  the  quarter  section  corner 
on  the  west  line  of  said  section  34;  thence  north  1  mile  to  the  quarter 
section  corner  on  the  west  line  of  section  27,  township  17  north,  range 
2  east;  thence  west  Vu  mile;  thence  north  ^  mile  to  the  county  line 
between  the  counties  of  Sutter  and  Butte. 

Thence  north  i/..  mile  to  the  center  of  section  21,  township  17  north,, 
range   2   east;    thence   west   5V-;    miles   to   the   quarter   section   corner   on 


1875  SACRAMENTO   ETC.    DRAINAGE   DISTRICT.       Act  3035,  §  4 

the  west  line  of  section  22,  township  17  north,  range  1  east;  thence 
north  5  miles  to  the  quarter  section  corner  on  the  west  line  of  section 
27,  township  18  north,  range  1  east;  thence  east  1  mile  to  the  quarter 
section  corner  on  the  east  line  of  said  section  27;  thence  northeast  in 
a  direct  line  to  the  quarter  section  corner  on  the  east  line  of  section 
thirteen,  township  18  north,  range  1  east;  thence  north  one  mile  to 
the  quarter  section  corner  on  the  east  line  of  section  12,  township  18 
north,  range  1  east;  thence  northeast  in  a  direct  line  to  the  quarter 
section  corner  on  the  east  line  of  section  32,  township  19  north,  range 
2  east;  thence  east  5  miles;  thence  north  %  mile;  thence  east  1  mile; 
thence  north  14  mile;  thence  east  to  the  center  of  the  Feather  river; 
thence  down  the  center  of  said  Feather  river,  to  the  mouth  of  Honcut 
creek;  thence  up  said  Honcut  creek  to  the  mouth  of  South  Honcut  creek; 
thence  up  said  South  Honcut  creek,  to  a  point  due  north  of  the  quarter 
section  corner  on  the  south  line  of  section  30,  township  17  north,  range 
4  east,  which  is  the  county  line  between  the  counties  of  Butte  and  Yuba. 
Thence  south  to  a  point  one  and  one-half  miles  north  of  the  south 
line  of  township  16  north,  range  4  east;  thence  east  to  a  point  due 
north  of  the  northwest  corner  of  section  2,  township  15  north,  range  4 
east;  thence  south  to  the  northeast  corner  of  section  22,  township  15 
north,  range  4  east;  thence  southwest  in  a  direct  line,  to  the  center  of 
section  28,  township  15  north,  range  4  east;  thence  west  V2  mile  to 
the  quarter  section  corner  on  the  west  line  of  said  section  28;  thence 
south  eight  and  one-half  miles  to  the  southwest  corner  of  section  4, 
township  13  north,  range  4  east;  thence  east  one  mile  to  the  southeast 
corner  of  said  section  4;  thence  south  one-quarter  mile;  thence  east 
to  an  intersection  with  the  west  line  of  the  Johnson  rancho;  then 
south  1/10  of  a  mile  to  the  line  running  north  64  degrees  east  and 
south  64  degrees  west  through  the  center  of  the  south  half  of  section 
43  of  the  said  Johnson  rancho;  thence  along  the  legal  subdivision  line 
of  the  Johnson  rancho  as  follows:  north  64  degrees  east  108.25  chains; 
thence  north  26  degrees  west  one-quarter  mile  to  the  center  of  sec- 
tion 2  of  the  said  rancho;  thence  north  64  degrees  east  %  mile;  thence 
north  26  degrees  west  %  mile;  thence  north  64  degrees  east  four  and 
one-half  miles;  thence  north  26  degrees  west  ^4  naile  to  the  quarter 
section  corner  on  the  south  line  of  section  22  of  said  rancho;  thence 
north  64  degrees  east  Vi  mile;  thence  north  26  degrees  west  ^  mile; 
thence  north  64  degrees  east  %  of  a  mile;  thence  north  26  degrees  west 
%  mile;  thence  north  64  degrees  east  V2  mile;  thence  north  26  degrees 
west  1/4  mile,  to  the  northwest  corner  of  section  29  of  said  rancho;  thence 
north  64  degrees  east  one  and  one-half  miles  to  the  quarter  section 
corner  on  the  south  line  of  section  31  of  said  rancho;  thence  north  26 
degrees  west  %  mile  north  64  degrees  east  %  mile;  thence  south  26 
degrees  east  %  of  a  mile  to  the  quarter  section  corner  on  the  east  line 
of  section  32  of  said  rancho;  thence  south  64  degrees  west  %  mile; 
thence  south  26  degrees  east  14  mile;  thence  south  64  degrees  west 
one    and   one-half   miles;    thence   south   26  degrees   east   %   mile;    thence 


Act  3035,  §  4  GENERAL   LAWS.  1S76 

south  64  degrees  west  1/4  mile;  t/hence  south  26  degrees  east  %  mile; 
thence  south  64  degrees  west  ^4  mile;  thence  south  26  degrees  east  ^ 
mile;  thence  south  64  degrees  west  Vs  mile;  thence  south  26  degrees 
east  %  mile;  thence  south  64  degrees  west  V2  mile;  thence  south  26 
degrees  east  %  mile;  thence  south  64  degrees  west  %  mile;  thence  south 
26  degrees  east  14  mile;  thence  south  64  degrees  west  V4  mile;  thence 
south  26  degrees  east  ^  mile;  thence  south  64  degrees  west  %  mile; 
thence  south  26  degrees  east  %  of  a  mile  to  the  quarter  section  corner 
on  the  west  line  of  section  20  of  said  rancho;  thence  north  64  degrees 
east  %  mile;  thence  north  26  degrees  west  %  mile;  thence  north  64 
degrees  east  %  of  a  mile;  thence  north  26  degrees  west  1^  mile;  thence 
north  64  degrees  east  ^4  mile;  thence  south  26  degrees  east  %  mile;  thence 
north  64  degrees  east  ^4  mile  to  the  center  of  section  twenty-five  of 
said  rancho;  thence  north  26  degrees  west  %  mile;  thence  north  64 
degrees  east  1  mile;  thence  south  26  degrees  east  to  an  intersection  with 
the  east  line  of  township  14  north,  range  5  east;  thence  south  along 
said  township  line  to  the  center  of  Bear  river  on  the  line  dividing  the 
counties  of  Yuba  and  Placer. 

Thence  down  the  center  of  said  Bear  river  to  its  intersection  with 
the  section  line  running  north  and  south  through  the  center  of  town- 
ship 13  north,  range  5  east,  which  is  the  section  line  between  the  counties 
of  Placer  and  Sutter. 

Thence  south  along  said  line  to  the  southeast  corner  of  section  16, 
township  13  north,  range  5  east;  thence  west  two  miles  to  the  north- 
east corner  of  section  19,  township  13  north,  range  5  east;  thence  south 
^2  mile  to  the  quarter  section  corner  on  the  east  line  of  said  section 
19;  thence  west  41^  miles;  thencp  south  'j  mile  to  the  quarter  section 
corner  on  the  south  line  of  section  21.  township  13  north,  range  4 
east;  thence  west  V2  mile  to  the  southwest  corner  of  said  section  21; 
thence  south  2  miles,  to  the  northeast  corner  of  section  5,  township 
12  north,  range  4  east;  thence  west  %  of  a  mile;  thence  south  2^2 
miles;  thence  east  %  of  a  mile  to  the  quarter  section  corner  on  the  west 
line  of  section  16,  township  12  north,  range  4  east;  thence  south  3  miles 
to  the  quarter  section  corner  on  the  west  line  of  section  33,  township 
12  north,  range  4  east;  thence  east  i_.  mile;  thence  south  VG  mile  to 
the  quarter  section  corner  on  the  north  line  of  section  four,  township 
11  north,  range  4  east;  thence  east  ij  mile  to  the  northeast  corner  of 
said  section  4;  thence  south  1  mile  to  the  southeast  corner  of  said  sec- 
tion 4;  thence  east  V2  mile;  thence  south  Jj  mile;  thence  east  14  mile 
to  the  quarter  section  corner  on  the  west  line  of  section  Jrl,  township  11 
north,  range  4  east;  thence  south  3^^  miles  to  the  southwest  corner 
of  section  26,  township  11  north,  range  4  east;  thence  east  1  mile  to 
the  southeast  corner  of  said  section  26;  thence  south  1  mile,  to  the 
southwest  corner  of  section  36,  township  11  north,  range  4  east;  thence 
east  along  the  second  standard  jiarallel  north,  to  the  northeast  corner 
section  1.  township  10  north,  range  4  east;  thence  south  to  the  line 
dividing   the  counties   of  Sutter  and   Sacramento. 


1877  SACRAMENTO   ETC.    DRAINAGE   DISTRICT.      Act  3035,  §  4 

Thence  south  to  the  southwest  comer  of  section  18,  township  10  north, 
range  5  east;  thence  east  V2  mile;  thence  south  3  miles,  to  the  quarter 
section  corner  on  the  south  line  of  section  31,  township  10  north,  range 
5  east;  thence  east  1  mile  to  the  quarter  section  corner  on  the  north 
line  of  section  5,  township  9  north,  range  5  east;  thence  south  2^4  miles; 
thence  west  V2  mile;  thence  south  %  of  a  mile,  to  the  southeast  corner  of 
section  18,  township  9  north,  range  5  cast;  thence  east  V>  mile;  thence 
south  I'o  mile;  thence  east  ^  mile;  thonee  south  14  mile;  thence  east  ^4: 
mile;  thence  south  14  mile,  to  the  southeast  corner  of  section  20,  town- 
ship 9  north,  range  5  east;  thence  west  V^  mile;  thence  south  14  mile; 
thence  east  %  of  a  mile;  thence  south  Vt  mile;  thence  east  %  of  a  mile; 
thence  south  1  mile;  thence  east  %  of  a  mile;  thence  south  3^4  miles, 
to  the  southeast  corner  of  section  15,  township  8  north,  range  5  east; 
thence  west  3  miles  to  the  southwest  corner  of  section  17,  township  8 
north,  range  5  east;  thence  south  1  mile  to  the  southeast  corner  of  sec- 
tion 19,  towmship  8  north,  range  5  east;  thence  west  1  mile  to  the  south- 
west corner  of  said  section  19;  thence  south  3%  miles  to  the  quarter 
section  corner  on  the  west  line  of  section  7,  township  7  north,  range 
5  east;  thence  east  1^/4  miles,  thence  south  1%  miles;  thence  west  V2 
mile;  thence  south  iy4  mile;  thence  west  Vi  mile;  thence  south  %  of  a 
mile  to  the  center  of  section  30;  thence  west  14  mile;  thence  south 
%  mile,  to  the  south  line  of  section  30,  township  7  north,  range  5  east; 
thence  east  Vi  mile  to  the  quarter  section  corner  on  the  south  line  of  said 
section  3t3;  thence  south  6V2  miles  to  the  center  of  section  31,  town- 
ship 6  north,  range  5  east;  thence  east  %  mile;  thence  south  i/4  mile; 
thence  east  %  of  a  mile;  thence  south  ^  of  a  mile  to  the  quarter  section 
corner  on  the  south  line  of  section  32,  township  6  north,  range  5  east; 
thence  east  V2  mile  to  the  northeast  corner  of  section  5,  township  5 
north,  range  5  east;  thence  south  2  miles,  to  the  southwest  corner  of 
section  9,  township  5  north,  range  5  east;  thence  east  V2  mile;  thence 
south  y2  mile  to  the  center  of  section  16,  tow'Dship  5  north,  range  5  east; 
thence  east  3^4  miles  to  the  southeast  corner  of  the  southwest  quarter 
of  the  northeast  quarter  of  section  13,  township  5  north,  range  5  east; 
thence  south  1  mile,  thence  west  %  mile  to  the  center  of  section  24; 
thence  south  %  mile;  thence  west  %  mile;  thence  south  1  mile;  thence 
east  14  mile;  thence  south  1  mile;  thence  east  %  mile;  thence  south  about 
14  mile,  to  the  center  of  Dry  creek,  which  is  the  county  line  between 
the  counties  of  Sacramento  and  San  Joaquin. 

Thence  continuing  south  to  the  south  line  of  section  1,  township  4 
north,  range  5  east;  thence  east  14  mile  to  the  northeast  corner  of  sec- 
tion 12;  thence  south  1  mile  to  the  southeast  corner  of  said  section  12, 
township  4  north,  range  5  east;  thence  west  %  mile,  thence  north  % 
mile,  thence  west  %  mile;  thence  south  14  mile  to  the  southwest  corner 
of  said  section  12;  thence  west  1  mile,  thence  south  ^,4  mile,  thence  west 
%  mile;  thence  south  i^  mile;  thence  west  %  mile;  thence  south  1  mile; 
thence  east  %  mile  to  the  quarter  section  corner  on  the  north  line  of 
section  27,  township  4   north,   range  5   east;   thence  south   2I/3   miles  to 


Act  3035,  §  4  GENERAL   LAWS.  1878 

the  center  of  section  3,  township  3  north,  range  5  east;  thence  east 
1/4  mile;  thence  south  %  mile;  thence  east  %  mile;  thence  south  Pij 
miles;  thence  east  i/4  mile;  thence  south  ^4  mile;  thence  east  V^  mile; 
thence  south  VL*  mile;  thence  east  %  mile;  thence  south  %  mile;  thence 
east  Yi.  mile;  thence  south  Y^  mile  to  the  quarter  section  corner  on  the 
west  line  of  section  25,  township  3  north,  range  5  east;  thence  east 
Yi  mile;  thence  south  Ya  mile;  thence  east  %  mile;  thence  south  'A  mile; 
thence  east  Y4  mile;  thence  south  'L-  mile;  thence  east  Y4  mile,  to  the 
northeast  corner  of  section  1,  township  2  north,  range  5  east;  thence 
south  1  mile;  thence  east  Y2  mile;  thence  south  Y2  mile;  thence  east 
Y2  mile;  thence  south  ll'j  miles  to  the  northwest  corner  of  section  20, 
township  2  north,  range  6  east;  thence  east  ^2  mile;  thence  south  V'i;  mile; 
thence  east  Yi  mile;  thence  south  Yi  mile;  thence  east  Yi  mile;  thence 
south  1%  miles  to  the  quarter  section  corner  on  the  east  line  of  section 
32,  township  2  north,  range  6  east;  thence  east  Y2  mile;  thence  south 
1%  miles;  thence  east  Y2  mile;  thence  south  lY*  miles;  to  the  quarter 
section  corner  on  the  east  line  of  section  16,  township  1  north,  range 
6  east;  thence  east  Y2  mile;  thence  south  '^  mile;  thence  east  lA  mile; 
thence  south  IY2  miles  to  the  quarter  section  corner  on  the  east  line  of 
section  27,  township  1  north,  range  6  east;  thence  west  Y*  mile;  thence 
south  Y2  mile;  thence  west  %  mile;  thence  south  3  miles  to  the  quarter 
section  corner  on  the  north  line  of  section  15,  township  1  south,  range 
6  east;  thence  east  %  mile;  thence  south  %  mile;  thence  east  ^4  mile; 
thence  south  1%  miles  to  the  center  of  section  26  of  said  township  ami 
range;  thence  west  Yi  mile;  thence  south  Y2  mile;  thence  east  '4  mile; 
thence  south  V4  mile;  thence  east  V4  mile;  thence  south  V4  mile;  thence 
east  Yi  mile  to  the  quarter  section  corner  on  the  east  line  of  section 
35,  township  1  south,  range  6  east;  thence  south  V4  mile;  thence,  west 
Y2  mile;  thence  south  %  mile  to  the  center  of  section  2,  township  2 
south,  range  6  east;  thence  east  Y2  mile;  thence  south  Y2  mile;  thence 
east  V«  mile  to  the  quarter  section  corner  on  the  north  line  of  section  12, 
township  2  south,  range  6  east;  thence  south  2  miles  to  the  quarter  sec- 
tion corner  on  the  north  line  of  section  24  of  said  township  and  range; 
thence  east  Y2  mile  to  the  northeast  corner  of  said  section  24;  thence 
south  2  miles;  thence  east  1  mile  to  the  northwest  corner  of  section  32, 
township  2  south,  range  7  east;  thence  southeast  to  the  southeast  corner 
of  section  4,  township  3  south,  range  7  east,  and  the  Stanislaus  river, 
which  is  the  line  between   San  Joaquin   and  Stanislaus  counties. 

Thence  south  1  mile;  thence  west  'i;  mile;  thence  south  1 'A  miles 
to  the  center  of  section  21,  township  3  south,  range  7  east;  thence  east 
Y2  mile;  thence  south  1  mile  to  the  quarter  section  corner  on  the  east 
line  of  section  2S,  thence  southeast  to  the  quarter  section  corner  on  the 
west  line  of  section  1,  township  4  south,  range  7  east,  and  the  Tuolumne 
river;  thence  following  up  the  Tuolumne  river  to  its  intersection  with 
the  quarter  section  line  running  north  and  south  through  section  20, 
township  4  south,  range  8  east;  thence  south  to  the  center  of  section  20, 
thence  southeast  to  the  northwest  corner  of  section  2,  township  5  south. 


1879  SACRAMENTO   ETC.    DRAINAGE   DISTRICT.      Act  3035,  §  4: 

range  8  east;  thence  southeast  to  the  southeast  corner  of  section  12, 
township  5  south,  range  8  east;  thence  south  to  the  quarter  section  corner 
on  the  west  line  of  section  18,  township  5  south,  range  9  east;  thence 
cast  ^/2  mile;  thence  south  i/^  mile;  thence  east  %  mile,  to  the  south- 
east corner  of  said  section  18,  thence  south  %  mile;  thence  east  V>  mile; 
thence  south  1  mile;  thence  east  V>  mile;  thence  south  i/^  mile  to  the 
southeast  corner  of  section  29,  township  5  south,  range  9  east;  thence 
east  Vi!  mile;  thence  south  %  mile;  thence  east  ^j  mile;  thence  south 
\<2  luile;  to  the  northwest  corner  of  section  3,  township  6  south,  range 
9  east;  thence  east  Vj  mile;  thence  south  IV2  miles  to  the  center  of  sec- 
tion 10;  thence  east  V2  mile;  thence  south  %  mile  to  the  county  line 
dividing  the  counties  of  Stanislaus  and  Merced. 

Thence  continuing  south  ^4  mile;  thence  east  V2  mile;  thence  south 
y2  mile;  thence  east  %  mile  to  the  southeast  corner  of  section  14,  thence 
south  1  mile;  thence  east  1  mile;  thence  south  2  miles  to  the  southeast 
corner  of  section  36,  township  6  south,  range  9  east;  thence  east  V^  mile; 
thence  south  I/2  mile;  thence  east  1  mile;  thence  south  Vi  mile;  thence 
east  \^2  mile  to  the  southeast  corner  of  section  5,  township  7  south, 
range  10  east;  thence  south  %  mile;  thence  east  V2  mile;  thence  south 
1/2  mile;  thence  east  ^A  mile  to  the  southeast  corner  of  section  9,  thence 
Bouth  i/i  mile;  thence  east  1  mile;  thence  south  %  mile;  thence  east  1 
mile  to  the  southeast  corner  of  section  14;  thence  south  y^  mile;  thence 
east  V2  mile;  thence  south  %  mile;  thence  east  Vj  mile  to  the  southeast 
corner  of  section  24,  township  7  south,  range  10  east;  thence  south 
Yo  mile;  thence  east  1  mile;  thence  south  14  mile  to  the  southeast  corner 
of  section  30,  township  7  south,  range  11  east;  thence  southeast  to  the 
southeast  corner  of  section  32,  township  7  south,  range  11  east;  thence 
east  1  mile;  thence  south  1  mile;  thence  east  1  mile  to  the  southeast 
corner  of  section  3,  township  8  south,  range  11  east;  thence  south  V2  mile; 
thence  east  1  mile;  thence  south  Vo  mile;  thence  east  1  mile  to  the  south- 
east corner  of  section  12,  township  8  south,  range  11  east;  thence  south 
%  mile;  thence  east  1  mile;  thence  south  ^2  mile  to  the  southeast  corner 
of  section  18^  township  8  south,  range  12  east;  thence  east  1  mile; 
thence  south  1  mile;  thence  east  2  miles;  thence  south  1  mile;  thence 
east  2  miles;  thence  south  1  mile  to  the  southeast  corner  of  section  36, 
township  8  south,  range  12  east;  thence  southeast  to  the  southeast  corner 
of  section  8,  township  9  south,  range  13  east;  thence  south  1  mile;  thence 
southeast  to  the  county  line  dividing  the  counties  of  Merced  and  Madera. 

Thence  continuing  southeast  to  the  southeast  corner  of  section  1, 
township  10  south,  range  13  east;  thence  south  2  miles  to  the  southeast 
corner  of  section  13,  in  said  township  and  range;  thence  southeasterly 
to  the  southeast  corner  of  section  13,  township  12  south,  range  14  east; 
thence  east  1  mile;  thence  south  1  mile  to  the  southeast  corner  of  sec- 
tion 19,  township  12  south,  range  15  east;  thence  east  2  miles;  thence 
south  1  mile;  thence  east  2  miles;  thence  south  1  mile;  thence  east  1  mile 
to  the  southeast  corner  of  section  36,  of  said  township  12  south,  range 
15  east;   thence  south   1  mile;   thence  east  1  mile;   thence  south  1   mile, 


Act  3035,  §  4  GENERAL   LAWS.  1880 

to  the  southeast  corner  of  section  7,  township  13  south,  range  16  east; 
thence  east  2  miles;  thence  south  ly^  miles  more  or  less,  to  the  county 
line  dividing  the  counties  of  Madera  and  Fresno. 

Thence  continuing  south  3  miles,  more  or  less,  to  the  quarter  section 
corner  on  the  east  line  of  section  4,  township  14  south,  range  16  east; 
thence  west  1  mile;  thence  south  i-^  mile,  to  the  southeast  corner  of 
section  o,  of  said  township  and  range;  thence  west  6  miles  to  the  south- 
west cnrner  of  section  4,  township  14  south,  range  15  east;  thence  north 
1  mile  to  the  southeast  corner  of  section  32,  township  13  south,  range  15 
east;  thence  northwest  to  the  southeast  corner  of  section  24,  townshij) 
12  south,  range  13  east;  thenc^  west  VL'  mile;  thence  north  'a  mile; 
thence  west  I'j  mile;  thence  north  ^4  mile;  thence  west  Vz  mile;  thence 
north  V2  mile;  thence  west  1  mile  to  the  center  of  section  15,  township 
12  south,  range  13  east;  thence  north  ',j  mile;  thence  west  1  mile;  thence 
north  %  mile;  thence  west  Vj  mile;  thence  north  Vj  mile  to  the  northeast 
corner  of  section  8,  township  12  south,  range  13  east;  thence  west  1  mile; 
thence  north  Vj  mile;  thence  west  1  mile;  thence  north  ^o  mile  to  the 
southeast  corner  of  township  11  south,  range  12  east;  thence  northwest 
to  the  center  of  said  township  and  range,  which  is  the  county  line  divid- 
ing the  counties  of  Fresno  and  Merced. 

Thence  continuing  northwest  to  the  southeast  corner  of  township 
9  south,  range  10  east;  thence  north  2  miles  to  the  southeast  corner 
of  section  24  of  said  township  9  south,  range  10  east;  thence  northwest 
to  the  southeast  corner  of  section  4,  township  8  south,  range  9  east; 
thence  north  1  mile  to  the  south  boundary  line  of  the  Orestimba  rancho; 
thence  west  to  the  southwest  corner  of  the  said  rancho;  thence  in  a 
northerly  and  westerly  direction  following  the  south  and  west  boundary 
lines  of  said  rancho  to  a  point  %  mile,  more  or  less,  north  of  the  quarter 
section  corner  on  the  east  line  of  section  19,  township  7  south,  range  9 
cast,  which  point  is  the  intersection  of  the  county  line  dividing  the  coun 
tics  of  Merced  and  Stanislaus. 

Thence  continuing  in  a  northerly  and  westerly  direction  following 
the  south  and  west  boundary  lines  of  said  rancho  to  the  northwest 
corner  thereof,  at  the  center  of  section  14,1  township  6  south,  range  8 
east;  thence  northeasterly  following  the  northwest  boundary  of  said 
rancho  to  the  left  bank  of  the  San  Joaquin  river;  thence  following  down 
the  left  bank  of  said  river  to  the  count}'  line  dividing  the  counties  of 
Stanislaus  and  San  Joaquin. 

Thence  following  down  the  left  bank  of  the  San  Joaquin  river  to 
the  quarter  section  line  running  east  and  west  through  section  13. 
township  3  south,  range  6  east;  thence  west  to  the  quarter  section  corner 
on  the  east  line  of  section  14,  of  said  township  and  range;  thence  north- 
west to  the  northeast  corner  of  section  4,  of  said  township  and  range; 
thence  northwest  to  the  quarter  section  corner  on  the  north  line  of  sec- 
tion 19,  township  2  south,  range  6  east;  thence  west  3'^  miles  to  the 
southeast  corner  of  section  16.  township  2  south,  range  5  east;  thence 
north  lo  mile;  thence  west  3  miles  to  the  east  line  of  section  13,  township 


1881  SACRAMENTO   ETC.    DRAINAGE   DISTRICT.      Act  3035,  §  4 

2  south,  range  4  east;  thence  north  ^2  mile  to  the  northeast  corner  of 
said  section  13,  townshjp  2  south,  range  4  east;  thence  northwesterly  to 
the  northeast  corner  of  section  10;  thence  northwesterly  to  the  quarter 
section  corner  on  the  north  line  of  section  4  of  said  township  2  south, 
range  4  east;  thence  northwesterly  to  the  county  line  between  Alameda 
nnd  San  Joaciuin,  at  a  point  V2  mile  north  of  the  south  line  of  section 
32,  township  1  south,  range  4  east;  thence  north  on  said  county  line  to 
the  bank  of  Old  river  and  the  northeast  angle  of  Alameda  county. 

Thence  west  to  the  southeast  corner  of  the  southwest  quarter  of  the 
northwest  quarter  of  section  30,  township  1  south,  range  4  east;  thence 
north  %  mile;  thence  west  %  mile;  thence  north  14  mile  to  the  north- 
east corner  of  section  25,  township  1  south,  range  3  east;  thence  west 
^2  mile;  thence  north  VL  mile;  thence  west  %  mile;  thence  north  V_.  mile; 
thence  west  V^  mile;  thence  north  %  mile;  thence  west  %  mile;  thence 
north  2^2  miles;  thence  east  %  mile;  thence  north  Y2  mile;  thence  west 
%  mile;  thence  north  14  mile,  to  the  center  of  section  35,  township  1 
north,  range  3  east;  thence  west  14  mile;  thence  north  1  mile;  thence 
east  14  mile,  to  the  center  of  section  26,  township  1  north,  range  3  east; 
thence  north  i/i  mile;  thence  east  %  mile;  thence  north  i/^  mile;  thence 
west  i/i  mile;  thence  north  %  mile  to  the  quarter  section  corner  on  the 
south  line  of  section  14,  township  1  north,  range  3  east;  thence  west  i/4 
mile,  thence  north  %  mile;  thence  east  Vi  mile,  thence  north  ^4  mile; 
thence  west  %  mile;  thence  north  %  mile,  to  the  south  line  of  section  2, 
township  1  north,  range  3  east;  thence  west  V2  mile;  thence  north  Vt  mile; 
thence  west  ^  mile;  thence  north  14  mile  to  the  center  of  section  3, 
township  1  north,  range  3  east;  thence  west  Vi  mile;  thence  north  i{>  mile; 
thence  west  %  mile,  to  the  southeast  corner  of  section  33,  township 
2  north,  range  3  east;  thence  north  1,4  mile;  thence  west  %  mile;  thence 
north  14  mile;  thence  west  Vi  mile;  thence  north  %,  mile  to  the  quarter 
section  corner  on  the  north  line  of  said  section  33;  thence  west  ^4  mile; 
thence  north  %  mile;  thence  west  %  mile;  thence  north  Yi  mile,  to  the 
center  of  section  29,  township  2  north,  range  3  east;  thence  west  14  mile; 
thence  north  14  mile;  thence  west  V4  mile,  to  the  southeast  corner  of  sec- 
tion 19,  township  2  north,  range  3  east;  thence  north  14.  mile;  thence 
west  Vi  mile;  thence  north  l^  mile;  thence  west  14  mile;  thence  north 
Yi  mile;  thence  west  ^4  mile;  thence  south  14  mile,  to  the  quarter  sec- 
tion corner  on  the  east  line  of  section  24,  township  2  north,  range  2 
east;  thence  west  IV2  miles  to  the  center  of  section  23,  thence  north  % 
mile;  thence  west  l^  mile;  thence  north  14  mile;  thence  west  %  mile; 
thence  north  ^4  mile;  thence  west  %  miles;  thence  north  to  the  San 
Joaquin  river;  thence  down  the  San  Joaquin  river  to  a  point  due  south 
from  the  point  of  beginning,  thence  north  to  the  point  of  beginning. 

Powers  of  district. 

Said  drainage  district  is  hereby  declared  to  be  a  body  corporate  and 
politic  and  shall  have  power  to  sue  and  to  be  sued;  to  acquire,  own,  hold, 
use  and  enjoy  for  the  purposes  mentioned  in  this  act,  any  and  all  prop- 


Act  3035,  §§  5-7  general  laws.  1882 

erties  herein   mentioned,  or  necessary  for  the  purposes  of  said  district. 
[Amendment  approved  May  26,  1913;  Stats.  1913,  p.  253.] 

Reclamation  board  to  control. 

§  5.  The  management  and  control  of  said  drainage  district  shall  be 
vested  in  the  reclamation  board  which  shall  hereafter  consist  of  seven 
members,  at  least  three  of  whom  shall  be  residents  or  land  owners  of  that 
portion  of  the  San  Joaquin  valley  included  within  said  district.  The 
members  of  the  present  reclamation  board  shall  be  members  of  the  board 
as  hereby  enlarged.  The  remaining  members  shall  be  appointed  bv  the 
governor  of  the  state  within  thirty  days  after  this  act  shall  take  effect. 
All  the  members,  whether  herein  named  or  appointed  by  the  governor, 
shall  hold  office  at  the  pleasure  of  the  governor.  In  case  of  a  vacancy, 
the  same  shall  be  filled  bv  the  governor  of  the  state.  [New  section  ap- 
proved May  26,  1913;  Sta'ts.  1913,  p.  266.] 

Secretary. 

§  6.  The  reclamation  board  may  employ  a  secretary,  who  may  be  a 
member  of  said  board,  and  such  other  assistants,  employees  and  ad- 
visers as  may  appear  necessary  and  shall  fix  their  compensation.  [New 
section  approved  May  26,  1913;  Stats.  191.'{,  p.  266.] 

Maintenance  of  levees.     Purpose  of  act.     Liberal  construction. 

§  7.  The  state  of  California  and  the  ;>eople  thereof  are  hereby  de- 
clared to  have  a  primary  and  supreme  interest  in  having  erected,  main- 
tained and  protected  on  the  banks  of  the  Sacramento  and  San  Joaquin 
rivers  and  their  tributaries  and  the  by-passes  and  overflow  channels  men- 
tioned herein,  good  and  sufficient  levees  and  embankments  or  other 
works  of  reclamation,  adequately  protecting  the  lands  overflowed  by  said 
streams,  and  confining  the  waters  of  said  rivers,  tributaries,  by-passes  and 
overflow  channels  within  their  respective  channels,  and  it  shall  be  the 
duty  of  the  reclamation  board  at  all  times  to  enforce  on  behalf  of  the 
state  of  California  and  the  people  thereof  the  erection,  maintenance  and 
protection  of  such  levees,  embankments  and  channel  rectification  as  will, 
in  their  .judgment,  best  serve  the  interests  of  the  state  of  California. 
The  purposes  and  objects  of  this  act  are  to  carry  into  effect  the  plans 
of  the  California  debris  commission  for  the  control  of  the  flood  waters 
of  the  Sacramento  and  San  Joaquin  rivers  and  their  tributaries,  and  to 
vest  in  said  reclamation  board  control  and  jurisdiction  over  said  plans 
and  such  other  plans  as  may  be  adopted  by  said  board,  excepting  such 
portions  of  said  plans  as  relate  to  channel  excavation,  enlargement,  recti- 
fication and  control  in  the  Sacramento  river  and  the  construction  of 
weirs;  it  being  the  intent  of  this  act  that  all  work  and  control  in  the 
said  stream  and  the  construction  of  weirs  shall  remain  with  the  United 
States  and  the  state  of  California,  concurrently,  but  this  exception  does 
not  apply  to  the  San  Joaquin  river  and  its  tributaries. 

This  act  and  every  part  thereof  shall  be  liberally  construed  to  promote 
its  objects  and  to  carrv  out  its  intents  and  purposes.  [New  section  ap- 
proved May  26,  1913;  Stats.  1913,  p.  266.] 


1883  SACRAMENTO   ETC.   DRAINAGE  DISTRICT.      Act  3035,  §§  8-11 

Members  not  to  be  interested  in  contract. 

§  8.  It  shall  be  unlawful  for  a  member  of  the  board  to  vote  upon 
any  contract  or  other  matter  in  which  he  may  have  an  interest  or  share, 
or  for  any  employee  of  said  board  to  receive  directly  or  indirectly  for 
his  own  use  or  benefit  any  portion  or  share  of  the  money  or  other  thing 
jjaid  under  any  contract;  but  having  au  interest  in  lands  within  said 
drainage  district  shall  not  disqualify  a  member  for  voting  to  execute 
any  part  of  said  plans  of  flood  control,  or  carrying  out  the  objects  of 
this  act.      [New  section   approved  May  26,   1913;   Stats.   1913,  p.   267.] 

Office,  meetings,  etc.  Compensation. 

§  9.  The  reclamation  board  shall  have  its  office  at  the  city  of  Sac- 
ramento, and  shall  elect  one  of  its  number  as  president.  The  regular 
meetings  of  said  board  shall  be  held  on  such  dates  as  shall  be  fixed  by 
the  board,  and  a  majority  of  the  board  shall  constitute  a  quorum,  but 
no  action  of  said  board  shall  be  effective  unless  the  same  shall  be  con- 
curred in  by  a  majority  of  the  members  thereof.  Special  meetings  may 
be  called  at  any  time  by  the  president  or  by  a  majority  of  the  members 
after  twelve  hours'  notice  by  mail  to  the  members.  It  shall  be  the  duty 
o'f  the  reclamation  board  to  keep  full  and  correct  minutes  of  all  pro- 
ceedings and  transactions  of  all  meetings  of  the  board,  which  minutes 
shall  be  open  for  public  inspection  during  office  hours.  Anj^  other 
meeting  of  the  board,  at  its  office,  when  all  of  the  members  are  present, 
shall  be  considered  a  legal  meeting  at  which  any  business  may  be 
transacted.  Each  member  of  the  board  shall  receive  the  necessary  ex- 
penses incurred  by  him  in  the  performance  of  his  duties,  and  twenty 
dollars  for  each  day  attending  the  meetings  of  the  board,  but  such  per 
diem  shall  not  exceed  one  thousand  dollars  in  any  one  year.  [New  sec- 
tion approved  May  26,  1913;  Stats.  1913,  p.  267.] 

Drawbridges  over  by-passes. 

§  10.  The  reclamation  board  shall  require  the  owners  of  any  rail- 
road, electric  railroad,  wire  line,  wagon  road  or  other  structure  crossing 
any  of  the  by-passes  or  overflow  channels  herein  provided  for,  to  pro- 
vide and  maintain  one  or  more  suitable  draws  or  other  appliances  within 
any  such  by-passes  or  overflow  channels  to  permit  the  passage  of  water 
craft,  dredgers  or  other  machines  used  in  the  construction  of  reclamation 
works  and  to  open  said  draws  or  appliances  upon  reasonable  notice 
given  by  any  person  desiring  to  pass  the  same.  Said  draws  or  appliances 
shall  be  located  at  such  points  as  shall  be  designated  by  said  board.  A 
failure  of  the  owner  of  any  of  said  structures  to  comply  with  this  sec- 
tion shall  render  such  owner  liable  to  any  person  for  the  damages  caused 
to  such  person  by  such  failure.  [New  section  approved  May  26,  1913; 
Stats.  1913,  p.  267.] 

Plans  to  be  submitted  to  board. 

§  11.  Any  plan  of  reclamation,  drainage  or  other  improvement  that 
includes  or  contemplates  the  construction  of  any  new  levee,  embankment. 


Act  3035,  §  12  GENERAL   LAWS.  1884 

canal  or  other  excavation  along  or  near  the  banks  of  the  said  rivers 
or  their  tributaries  or  connected  therewith,  or  upon  any  lands  adjacent 
thereto  or  within  any  of  the  overflow  basins  thereof,  or  upon  lands  sub- 
ject to  overflow  therefrom,  must,  unless  approved  by  said  board  prior 
to  the  taking  effect  of  this  act,  be  approved  by  the  reclamation  board 
before  such  plan  shall  have  been  adopted  by  the  trustees  of  any  recla- 
mation, levee,  protection  or  drainage  district  or  by  any  person,  corjwra- 
tion  or  association.  Any  such  plan  shall  be  void  unless  first  approved 
by  said  board,  and  the  construction  of  any  levee,  embankment,  canal 
or  other  works  of  reclamation  at  any  of  the  places  hereinbefore  men- 
tioned, without  such  approval,  is  hereby  declared  to  be  a  public  nuisance, 
and  the  reclamation  board  is  hereby  empowered  to  prosecute  any  suit 
or  suits  in  the  name  of  the  people  of  the  state  of  California  for  the 
prevention  or  abatement  of  such  nuisance.  This  provision  shall  not 
apply  to  the  enlargement  of  existing  levees.  No  levee,  embankment  or 
other  structure  within  any  bypass  or  overflow  channel  adopted  by  said 
board  shall  be  raised  or  altered  without  the  permission  of  the  recla- 
mation board,  and  any  person  who  shall  raise  or  alter  any  such  levee, 
embankment  or  other  structure  without  such  permission,  shall  be  guilty 
of  a  misdemeanor.  [New  section  approved  May  26,  1913;  Stats.  1913, 
p.  268.] 

Powers  of  board.     Security  for  bonds. 

§  12.  The  reclamation  boanl  shall  have  power  to  acquire  either  within 
or  without  the  boundaries  of  the  district  by  purchase,  condemnation  or 
by  other  lawful  means  in  the  name  of  the  district,  from  private  persons, 
corporations,  reclamation,  swamp  land,  levee,  protection  or  drainage  dis- 
tricts, or  other  organizations  or  associations,  all  lands,  rights  of  way, 
easements,  property  or  material  necessary  or  requisite  for  the  purpose 
of  by-passes,  weirs,  cuts,  canals,  levees,  overflow  channels  and  other 
necessary  purposes;  to  construct,  clear  and  maintain  by-passes,  levees, 
canals  and  overflow  channels;  to  make  contracts  to  indemnify  or  com- 
pensate any  owner  of  land  or  other  property  for  any  injury  or  damage 
necessarily  caused  by  the  exercise  of  the  powers  by  this  act  conferred, 
or  arising  out  of  the  use,  taking  or  damage  of  any  property  for  any 
of  such  purposes;  to  maintain  actions  to  restrain  the  doing  of  any  act 
or  thing  that  may  be  injurious  to  any  of  the  works  necessary  to  said 
plan  of  flood  control  or  that  may  interfere  with  the  successful  execution 
•of  said  plan  or  for  damages  for  injury  thereto;  to  establish  a  standard 
of  levee  construction;  to  do  any  and  all  things  necessary  or  incident  to 
the  powers  hereby  granted  or  to  carry  out  the  objects  specified  herein; 
to  conijiel  by  injunction,  the  owner  or  owners  of  any  bridge,  trestle,  wire 
line,  viaduct,  or  embankment  or  other  structure  which  shall  be  inter- 
sected, traversed  or  crossed  by  any  hy-pass,  drainage  canal,  or  overflow 
channel,  so  to  construct  or  alter  the  same  as  to  off"er  a  minimum  of  ob- 
struction to  the  free  flow  of  water  tlnough  any  such  by-pass,  drainage 
canal,  or   overflow   channel,  and   wherever  necessary  in    the   case   of  ex- 


1885  SACRAMENTO   ETC.    DRAINAGE   DISTRICT.      Act    3035,  §  13 

isting  works,  to  compel  the  removal  or  alteration  of  any  such  embank- 
ment or  other  structurej  to  maintain  actions  to  restrain  the  diversion 
of  the  waters  of  any  stream  that  will  increase  the  flow  of  water  in 
said  Sacramento  or  San  Joaquin  rivers  or  their  tributaries,  and  such 
diversion  of  the  waters  of  any  stream  into  said  rivers  or  any  of  their 
tributaries  is  hereby  declared  to  be  a  public  nuisance  which  may  be 
prevented  or  abated  by  the  reclamation  board.  Upon  application  by 
any  reclamation  or  drainage  district  or  any  owner  of  swamp  land  that 
has  issued  or  that  proposes  to  issue  bonds  of  such  district  or  upon  such 
lands,  the  reclamation  board  shall  examine  said  district  or  such  lands 
and  shall  certify  the  facts  relative  to  the  value  of  such  lands  and  the 
sufficiency  of  the  security  afforded  for  such  bonds.  No  liability  shall 
attach  to  the  state  of  California  bv  reason  of  such  certificate.  [New 
section  approved  May  26,  1913;   Stats.  1913,  p.  268.] 

Assessments.  Separate  projects.  Assessors.  Report.  Hearing.  Lists. 
Compensation.  Objections.  Reapportionment.  Appeal  to  court. 
§  13.  Whenever,  in  the  opinion  of  said  board  it  shall  be  necessary 
to  levy  an  assessment  upon  any  lands  within  said  drainage  district  for 
any  of  the  purposes  herein  specified,  said  board  shall  cause  an  assessment 
to  be  levied  upon  the  lands  within  said  drainage  district  for  such  pur- 
poses. The  plans  to  be  carried  out  shall  be  divided  by  said  board  into 
separate  portions  or  projects  in  such  manner  as  will  in  its  judgment 
best  facilitate  the  levying  of  assessments  for  each  particular  portion  or 
project  in  a  just  and  equitable  manner  according  to  benefits  upon  the 
lands  in  said  district.  Said  board  shall  enter  in  the  minutes  of  the 
board,  a  resolution  to  the  effect  that  the  execution  of  each  such  separate 
portion  or  project  which  they  may  determine  upon  is  a  public  neces- 
sity. Each  such  particular  portion  or  project  shall  be  designated  by 
the  board  in  such  resolution  by  name  and  number.  All  assessments, 
plans  and  funds  intended  for  or  connected  with  the  execution  of  each 
particular  portion  or  project  shall  be  designated  by  such  name  and  num- 
ber and  shall  be  kept  separate  and  shall  be  used  only  for  the  purpose 
of  carrying  out  such  particular  portion  or  project.  For  the  purpose  of 
making  any  such  assessment  the  board  shall  appoint  three  assessors 
who  shall  be  disinterested  persons,  and  shall  have  no  interest  in  any 
real  estate  within  said  drainage  district,  and  each  of  whom,  before  en- 
tering upon  his  duties,  shall  make  and  subscribe  an  oath  that  he  is 
not  in  any  manner  interested  in  any  real  estate  within  said  district, 
directly  or  indirectly,  and  that  he  will  perform  the  duties  of  an  assessor 
to  the  best  of  his  ability.  Said  assessors  must  assess  upon  the  lands 
within  said  drainage  district  the  said  sums  so  estimated  by  the  board, 
and  shall  apportion  the  same  according  to  the  benefits  that  will  accrue 
to  each  tract  of  land  in  said  district,  respectively,  by  reason  of  the  ex- 
penditure of  said  sums  of  money.  After  said  assessors  have  examined 
the  plan  or  plans  of  the  works  contemplated  and  the  said  estimates  of 
the  cost,  they  shall  make  a  preliminary  report  to  the  reclamation  board 


Act  3035,  §  13  GENERAL  LAWS.  1886 

indicating  the  exterior  boundaries  of  the  lands  that  in  their  opinion 
will  be  benefited  by  the  expenditures.  The  assessors  shall  then  appoint 
a  time  and  place  in  each  county  in  which  any  of  said  lands  are  situated, 
when  and  where  they  will  hear  objections  to  the  said  report  and  also 
evidence  concerning  the  manner  in  which  said  assessment  should  be 
apportioned.  They  shall  give  twenty  days'  notice  of  said  hearings  by 
publication  in  a  newspaper  published  in  each  county.  They  shall  ex- 
clude any  land  that  will  not  be  benefited  by  the  expenditure  of  said 
sums  and  shall  assess  all  lands  that  will  be  benefited  thereby.  Said 
assessors  shall  make  a  separate  list  of  the  lands  so  assessed  in  each 
county,  which  list  shall  contain  a  description  of  the  tracts  of  land 
assessed,  by  swamp  land  surveys,  legal  subdivisions,  or  other  boundaries 
or  references  sufficient  to  identify  the  same;  the  name  of  the  owner, 
if  known,  or  if  unknown,  that  fact,  and  the  amount  of  the  charge 
assessed  against  each  tract.  No  mistake  in  the  name  of  the  owner, 
or  supposed  owner,  of  any  real  estate  shall  invalidate  the  assessment. 
Said  lists  when  completed  shall  be  filed  with  the  secretary  of  the  board 
and  said  secretary  shall  forward  to  the  county  treasurer  of  each  county 
in  which  any  lands  in  said  district  are  situated,  the  assessment  list 
for  such  county,  and  the  same  shall  be  open  for  inspection  by  the  public 
for  at  least  thirty  days.  The  compensation  of  said  assessors  shall  be 
fixed  and  allowed  by  the  board.  The  reclamation  board  shall  appoint 
a  time  and  place  not  less  than  thirty  days  after  said  list  has  been  filed 
with  the  said  treasurer  when  and  where  it  will  meet  in  each  county 
for  the  purpose  of  hearing  objections  to  said  assessments,  and  notice 
of  such  hearing  shall  be  filed  with  the  county  treasurer  and  published 
for  two  weeks  in  some  newspaper  published  in  each  of  said  counties. 
At  any  time  before  the  date  of  such  hearing  any  person  interested  in 
any  real  estate  upon  which  any  charge  has  been  assessed,  may  file  in 
the  office  of  the  secretary  of  the  board  written  objections  to  such  assess- 
ment, stating  the  grounds  of  such  objections,  which  said  statement  shall 
bo  verified  by  the  affidavit  of  such  person  or  some  other  person  who  is 
familiar  with  the  facts.  At  such  hearing  the  board  shall  hear  such 
evidence  as  may  be  offered  touching  the  correctness  of  such  assessment 
or  the  manner  of  its  apportionment,  and  may  modify  or  amend  the  same, 
and  may  reapportion  all  or  any  part  of  the  entire  assessment.  If  said 
assessment  shall  be  reapportioned,  the  board  shall  give  two  weeks' 
notice  as  before  and  proceed  to  hear  objections  in  each  county  affected, 
as  before,  and  shall  then  reconsider  said  assessment  and  make  an  order 
apiiroviiig  said  assessment  as  finally  fixed;  and  the  decision  of  said 
board  shall  be  final,  and  thereafter  said  assessment  list  shall  be  con- 
clusive evidence,  except  in  the  suit  hereinafter  provided,  that  the  said 
assessment  has  been  levied  and  apportioned  according  to  law.  Any 
person  aggrieved  by  the  decision  of  the  board  apjiroving  said  assess- 
ment may  commence  an  action  against  the  district  in  the  superior  court 
of  the  county  in  which  said  land  or  the  greater  part  thereof  is  situated, 
to    have    said    assessment    modified    or    annulled.     Such    action    must    be 


1887  SACRAMENTO   ETC.    DRAINAGE   DISTRICT.      Act    3035,  §  14 

lommenced  within  thirty  days  after  the  reclamation  board  has  approved 
such  assessment  and  shall  have  preference  over  all  civil  actions  in  fixing 
the  time  of  trial.  No  objection  to  said  assessment  shall  be  considered 
by  the  court  unless  such  objection  shall  have  been  made  in  writing  to 
the  reclamation  board  as  hereinbefore  prescribed,  and,  excepting  in 
the  action  above  mentioned,  no  action  or  defense  shall  ever  be  main- 
tained attacking  the  said  assessment  in  any  respect.  [New  section  ap- 
proved May  26,  1913;  Stats.  1913,  p.  269.] 

Assessment  lien  on  lands.  Delinquent  installment.  Sale  of  property. 
Ihstrict  may  purchase.  Certificate  of  sale.  Redemption.  Effect  of 
deed. 

§  14.  After  such  hearing  has  been  had  by  the  board  in  any  county, 
said  assessment  list  shall  be  certified  by  the  secretary  of  the  board  to 
be  correct,  and  said  list  shall  be  deposited  in  the  office  of  the  county 
treasurer  of  said  county,  and  such  assessment  shall  thereafter  constitute 
a  lien  upon  the  lands  so  assessed  and  shall  impart  notice  to  all  subsequent 
purchasers  or  encumbrancers  or  other  person  acquiring  any  interest  in 
or  lien  upon  said  land,  and  all  unpaid  assessments  shall  bear  interest 
at  the  rate  of  seven  per  cent  per  annum,  and  shall  be  paid  to  the 
county  treasurer  in  separate  installments  of  such  amounts,  and  at  such 
times,  respectively,  as  the  board,  from  time  to  time,  in  its  discretion, 
may,  by  order  entered  in  its  minutes,  direct;  if  any  such  installment 
shall  remain  unpaid  at  the  expiration  of  thirty  days  from  the  date  of 
the  order,  then  said  installment  shall  become  delinquent,  together  with 
the  accrued  interest  thereon,  and  ten  per  cent  of  the  amount  of  said 
installment  and  interest  shall  be  added  thereto,  and  collected  for  the 
use  of  the  district;  provided,  that  if  an  action  is  pending  in  any  court 
to  have  the  assessment  on  any  tract  of  land  reviewed,  modified  or 
annulled,  as  provided  herein,  such  assessment,  if  not  annulled  in  said 
action,  shall  become  delinquent  thirty  days  after  any  judgment  rendered 
therein  shall  become  final.  Immediately  after  the  said  installment  has 
become  delinquent,  the  board  must  publish  a  notice  at  least  once  a 
week  for  three  weeks  in  some  newspaper  of  general  circulation  published 
in  the  county  where  the  land  is  situated,  which  notice  shall  contain  a 
description  of  the  property  assessed,  the  name  of  the  person  to  whom 
it  is  assessed  or  a  statement  that  it  is  assessed  to  unknown  owners,  if 
such  is  the  fact,  the  amount  of  the  delinquent  installment,  the  amount 
of  the  interest  at  the  date  of  delinquency,  the  amount  of  the  penalty  that 
has  been  added  as  above  provided,  and  notice  that  the  property  assessed 
will  be  sold  on  a  date  therein  stated,  in  front  of  the  courthouse  of  said 
county,  to  pay  said  installment  with  accrued  interest  and  the  penalty 
hereinbefore  specified.  At  the  time  stated  in  said  notice  or  such  other 
time  to  which  said  sale  may  have  been  postponed,  the  board  must 
cause  said  property  to  be  sold  to  the  highest  bidder  for  gold  coin  of 
the  United  States.  Out  of  the  proceeds  of  said  sale  the  board  must 
pay  the   amount   of  said  installment   with   accrued  interest   thereon   and 


Act  3035,  §  15  GENERAL  LAWS.  18S8 

the  penalty  herein  provided  for  to  the  county  treasurer  of  such  county, 
and  the  board  must  pay  to  the  owner  of  said  property  any  surplus  re- 
maining after  such  payment  to  the  county  treasurer.  The  board  may 
postpone  said  sale  from  time  to  time  by  a  written  notice  posted  at  the 
place  of  sale.  If  no  bid  is  made  for  said  property  equal  to  the  amount 
of  said  installment,  accrued  interest  and  penalty,  the  district  shall  be- 
come the  purchaser,  and  the  said  property  must  be  struck  off  to  the 
district  for  the  amount  of  said  installment-,  accrued  interest  and  penalty. 
A  certificate  of  such  sale  shall  be  executed  by  the  president  of  the  board 
to  the  purchaser,  or  to  the  district,  if  the  property  shall  have  been 
struck  off  to  the  district,  and  said  certificate  of  sale  shall  be  recorded 
iu  the  office  of  the  county  recorder  of  the  county  in  which  the  land  is 
situated.  Any  person  interested  in  said  property  may  redeem  the  same 
at  any  time  within  one  year  after  the  date  of  said  sale,  by  paying  to 
the  county  treasurer  the  amount  for  which  said  property  was  sold,  and 
interest  on  the  said  sum  at  the  rate  of  ten  per  cent  per  annum  from 
the  date  of  said  sale.  If  no  redemption  shall  be  made  within  said  one 
year,  the  purchaser,  or  the  district,  if  said  property  shall  have  been 
sold  to  the  district,  shall  be  entitled  to  a  deed  executed  by  the  president 
of  said  board,  after  notice  to  any  encumbrancer  of  said  land  whose  en- 
cumbrance is  of  record,  and  the  right  of  such  encumbrancer  to  redeem 
.said  land  shall  continue  for  a  period  of  thirty  days  after  such  notice. 
The  effect  of  such  deed  shall  be  to  convey  said  property  free  of  all 
liens  and  encumbrances,  excepting  state,  county  and  municipal  taxes, 
assessments  levied  or  assessed  by  statutory  authority  and  the  unpaid 
balance  of  assessments  made  by  said  drainage  district,  which  said 
balance  must  be  called  in  and  collected  in  the  same  manner  as  other 
asse.'isments;  provided,  that  where  property  shall  have  been  deeded 
to  the  district  and  shall  not  have  been  sold,  the  same  shall  not  be  offered 
for  sale  for  subsequent  installments  of  assessments  so  long  as  the  dis- 
trict shall  remain  the  owner  of  said  property,  but  the  board  may  sell 
said  property  at  any  time  at  public  auction  after  notice  given  for  the 
same  period  and  in  the  same  manner  as  herein  provided  for  sale  for 
delinquent  installments,  but  not  for  a  sum  less  than  all  delinquent  un- 
paid installments  with  accrued  interest  and  penalties,  and  the  deed 
executed  in  pursuance  of  such  sale  shall  convey  said  property  free  of  all 
encumbrances,  except  state,  county  and  other  municipal  taxes,  assess- 
ments levied  or  assessed  by  statutory  authority  and  the  unpaid  balance 
of  said  assessments  of  said  drainage  district,  which  balance  must  be 
called  in  and  collected  in  the  same  manner  as  other  assessments.  [New 
section  approved  May  26,  1913;  Stats.  1913,  p.  271.] 

Deposit  of  money.     How  paid  out.    Warrants  not  paid.     Official  paper. 

§  15.  All  money  collected  upon  sales  or  otherwise  shall  be  paid  to 
the  county  treasurer  of  the  county  in  which  the  laud  is  situated,  and 
said  money,  together  with  all  other  money  collected  by  the  treasurer 
shall   be  deposited  in  the  state  treasury  to   the   credit  of  said   drainage 


1889  SACRAMENTO    ETC.    DRAINAGE   DISTRICT.      Act    3035,  §  16 

district  in  a  fund  wiiich  is  hereby  created  and  known  as  the  Sacramento 
and  San  Joaquin  drainage  district  fund  specifying  the  number  of  the 
assessment  from  wiiich  such  money  was  derived,  and  shall  be  paid  out 
upon  warrants  of  the  state  controller,  and  the  controller  is  hereby 
directed  to  issue  warrants  upon  said  funds  whenever  drafts  of  the  recla- 
mation board  shall  he  presented  to  him,  and  the  state  treasurer  is  hereby 
directed  to  pay  such  controller's  warrants  when  there  is  sufficient  money 
in  the  funds  of  said  drainage  district;  provided,  that  all  moneys  col- 
lected from  assessments,  shall  be  paid  out  only  on  warrants  issued 
for  works  or  other  expenses  covered  by  the  assessment  from  which 
such  money  was  derived,  which  assessment  must  be  numbered  con- 
secutively, to  the  end  that  all  moneys  raised  by  assessment  upon  any 
of  the  lands  embraced  in  said  drainage  district,  shall  be  expended  only 
for  works  of  reclamation  or  other  expenses  beneficial  to  the  lands  so 
assessed,  and  for  the  payment  of  warrants  issued  for  the  construction 
of  the  works  and  other  expenses  for  which  such  assessment  was  levied 
and  each  warrant  must  designate  the  number  of  the  assessment  froift 
which  it  is  to  be  paid.  In  case  there  are  not  sufficient  funds  for  such 
purpose,  the  state  treasurer  shall  indorse  on  such  warrants  the  date  of 
presentation  and  register  the  same,  and  thereafter  such  warrants  shall 
bear  interest  at  the  rate  of  seven  per  cent  per  annum,  and  must  be 
paid  in  the  order  of  their  registration.  Such  warrants  shall  be  considered 
as  contracts  in  writing  for  the  payment  of  money  by  said-  district,  and 
the  period  prescribed  for  the  commencement  of  an  action  upon  said 
warrants  is  four  years  from  the  date  thereof.  Said  warrants  shall  be 
received  in  payment  of  any  assessment  for  work  or  expenses  for  which 
such  warrants  were  issued.  The  reclamation  board  may  extend  the 
period  for  payment  of  any  warrant  for  an  additional  period  of  four 
years  upon  application  of  the  owner  of  such  warrant.  Whenever  there 
is  sufficient  money  in  the  treasury  applicable  to  the  payment  of  any 
outstanding  warrants  of  the  district,  the  state  treasurer  shall  give  notice 
that  there  is  money  in  the  treasury  to  pay  certain  warrants,  giving  their 
numbers  in  the  order  of  their  registration;  said  notice  shall  be  published 
for  ten  days  in  one  newspajier  published  in  the  city  of  Stockton  and 
one  published  in  the  city  of  Sacramento.  After  the  last  publication  of 
said  notice  the  warrants  therein  mentioned  shall  cease  to  bear  interest. 
The  board  shall  designate  a  paper  in  each  of  said  cities  which  shall  be 
the  official  papers  of  said  district  for  the  purpose  of  such  publication. 
[New  section  approved  May  26,  1913;  Stats.  1913,  p.  272.] 

Lands  may  be  charged  in  subsequent  assessment. 

§  16.  In  all  cases  in  which  an  assessment  shall  be  levied  upon  the 
lands  embraced  within  said  district,  and  if  the  assessment  upon  any 
tract  or  tracts  of  land  shall  have  thereafter  been  adjudged  invalid  by 
any  court  of  competent  jurisdiction,  or,  if  for  any  reason,  such  tract 
or  tracts  of  land  shall  not  have  been  legally  charged  with  said  assess- 
ment, then  such  tract  or  tracts  of  land  shall  be  charged  in.,  any  subse- 
119 


Act  3035,  §§  I6I/2,  17  GENERAL   LAWS.  1890 

quent  assessment  with  such  proportion  of  the  former  assessment  as  the 
benefits  derived  by  said  land  from  the  purposes  for  which  said  former 
assessment  was  levied  bears  to  the  whole  amount  of  said  former  assess- 
ment; or  a  subsequent  reassessment  of  such  tract  or  tracts  of  land  may  be 
made  separately  for  the  purpose  of  charging  said  land  with  its  proper 
I)roportion  of  the  said  assessment.  [New  section  approved  May  26, 
1913;    Stats.    1913,   p.   273.] 

First  projects.     Estimate  of  costs. 

§  16V2«  One  of  the  first  iiroiects  to  be  considered  by  said  board  shall 
be  that  portion  of  the  plans  of  the  r'alifornia  debris  commission  relating 
to  the  Sacramento  river  and  Cache  slough  below  the  .iunction  of  Yolo 
basin  by-pass  and  Cache  slough  known  as  the  project  to  enlarge  the 
outlet  of  the  Sacramento  river.  In  the  estimate  of  the  sum  necessary 
for  the  project  last  named,  the  board  shall  also  ascertain  the  amount  of 
any  expenditures  that  have  heretofore  been  made  by  the  state  of  Cali- 
fornia, any  municipal  corporation,  reclamation  district,  and  by  any 
owner  of  lands  within  said  drainage  district,  or  by  any  of  them,  for 
the  purpose  of  purchasing  rights  of  way  for  the  enlargement  of  the 
outlet  of  the  Sacramento  river  and  actually  a|^)lied  to  said  purposes, 
which  said  sums  so  expended  shall  be  legal  claims  against  said  district 
upon  execution  by  the  claimant  of  a  quitclaim  deed  of  rights  of  way  to 
the  district,  and  shall  be  paid  from  the  moneys  arising  from  the  assess- 
ment for  the  project  in  this  section  first  above  mentioned.  The  gov- 
ernor is  hereby  authorized  to  execute  such  quitclaim  deed  on  behalf  of 
the  state  of  California.  [New  section  approved  May  26,  1913;  Stats. 
1913,  p.  274.] 

Maintenance  of  levees.     Costs.     Board  may  let  contract.     Emergency. 

§  17.  It  shall  be  the  duty  of  the  reclamation  board  to  promote  the 
construction,  completion,  maintenance  and  repair  of  levees  along  all 
streams  and  by-passes  where,  in  the  opinion  of  the  board,  such  levees  are 
insufficient  or  necessary.  If  the  owner  or  owners  of  land  adjoining  any 
stream  or  the  outer  margin  of  any  by-pass,  shall  fail  to  construct,  repair 
Or  maintain  suitable  levees  along  such  stream  or  by-pass  where  such 
levee  is  in  the  opinion  of  said  board  necessary,  the  reclamation  board 
iRliall  notify  such  owner  or  owners  that  such  levee  is  insufficient  or 
necessary,  and  that  unless  the  construction,  repair  or  completion  of  such 
levee  shall  be  commenced  within  three  months  and  thereafter  constructed, 
repaired  or  completed  with  reasonable  diligence,  the  reclamation  board 
will  construct,  repair  or  complete  such  levee,  and  will  cause  an  assess- 
ment to  be  levied  to  pay  the  cost  thereof  to  be  assessed  upon  the  lands 
within  said  drainage  district  directly  or  indirectly  benefited  by  such 
levee.  In  said  notice  the  board  shall  specify  the  dimensions  and 
method  of  construction  required  for  such  levee.  In  case  the  construction, 
repair  or  completion  of  such  levee  shall  not  be  commenced  within  three 
months  and  thereafter  completed  with  reasonable  diligence,  the  reclama- 


1891  SACRAMENTO   ETC.    DRAINAGE   DISTRICT,      Act    3035,  §  18 

tion  board  is  hereby  empowered  to  let  a  contract  or  contracts  for  the 
construction  or  repair  of  said  levee  or  the  completion  thereof,  if  con- 
struction has  been  previously  commenced  and  the  board  shall  cause  an 
assessment  to  be  levied  to  pay  the  cost  of  such  levee,  to  be  assessed 
upon  the  lands  within  said  drainage  district,  and  apportioned  upon  the 
lands  directly  and  indirectly  benefited  by  such  levee  according  to  such 
benefits;  said  assessment  shall  be  levied,  equalized  and  collected  in  the 
same  manner  as  other  assessments  are  levied,  equalized  and  collected  pur- 
suant to  the  provisions  of  this  act.  If  in  the  opinion  of  the  board  a 
case  of  emergency  exists,  requiring  immediate  action  to  preserve  life  or 
property,  the  board  may  cause  necessary  work  to  be  done  immediately 
without  giving  the  notice  herein  mentioned,  and  may  cause  an  assess- 
ment to  be  levied  as  above  prescribed  to  pay  the  cost  thereof,  and  to 
pay  for  any  damage  that  may  have  been  done  by  the  performance  of 
such  work.      [New  section  approved  May  26,  1913;   Stats.  1913,  p.  274.] 

Rights  of  existing  districts,  cities,  etc.  Claim  against  districts  for  cost 
of  right  of  way,  etc. 
§  18.  Notwithstanding  any  provision  in  this  act,  ally  reclamation  dis- 
trict, levee  district,  drainage  district  or  municipal  corporation  within 
the  said  drainage  district,  now  or  hereafter  existing  shall  have  the  right 
with  the  permission  of  the  reclamation  board  to  acquire  by  grant  or 
eminent  domain  or  otherwise,  any  right  of  way  or  other  easement 
included  in  the  plans  of  the  California  debris  commission,  hereinbefore 
referred  to  or  any  amendment  thereto  or  any  modification  thereof  for 
controlling  the  floods  of  the  Sacramento  river  or  its  tributaries  or  in- 
cluded in  any  plan  for  the  flood  water  of  said  river  adopted  by  the 
board,  and  required  by  the  plans  of  any  such  reclamation,  levee  or 
drainage  district  or  municipal  corporation  for  the  consummation  of  its 
purpose  as  authorized  by  law,  together  with  the  right  to  construct  such 
levees,  cuts,  canals  or  gates  as  may  be  required  to  complete  any  by-pass, 
and  the  title  to  any  such  right  of  way  or  other  easement  or  levees,  cuts, 
canals  or  gates  shall  be  conveyed  to  the  said  drainage  district  upon 
compensation  being  made  at  the  actual  reasonable  cost  thereof.  If  any 
reclamation  district,  levee  district,  drainage  district,  municipal  cor- 
poration, private  corporation,  association,  or  person  within  said  drainage 
district,  with  the  consent  of  the  reclamation  board,  has  provided  or  left, 
or  shall  hereafter  provide  or  leave,  any  land  for  a  by-pass  or  waterway 
for  the  purpose  of  complying  with  the  plans,  as  set  out  in  the  report 
of  the  California  debris  commission,  referred  to  in  section  1  of  this  act, 
any  amendment  thereto,  or  any  modification  thereof,  or  shall  hereafter 
erect  any  levee  or  levees  along  said  by-pass  or  waterway,  the  said  by- 
pass and  levees  shall  be  considered  as  a  part  of  the  work  to  be  done 
pursuant  to  the  provisions  of  this  act  and  proper  compensation  shall  be 
made  for  the  right  of  way  or  easement  through  such  by-pass  and  for 
the  actual  reasonable  cost  of  construction  of  said  levees,  cuts,  canals 
or  gates.     When  such  compensation  shall  have  been  made,  such  reelama- 


Act  3039  GENERAL  LAWS.  1892 

tion  district,  levee  district,  drainage  district,  municipal  corporation, 
association,  private  corporation  or  person  shall  convey  to  the  said  drain- 
age district  a  perpetual  easement  in  said  by-pass  and  levees  for  all 
purposes  necessary  to  accomplish  the  objects  of  said  report  of  Califor- 
nia debris  commission.  In  the  event  that  any  such  reclamation  district, 
levee  district,  drainage  district,  municipal  corporation,  private  corpora 
tion,  association,  or  person,  shall  with  the  consent  of  the  reclamation 
board  expend  any  sum  of  money  in  the  acquisition  of  such  right  of  way 
or  other  easement,  or  in  the  construction  of  such  levees,  cuts,  canals  or 
gates  and  shall  convey  the  same  to  the  district,  or  in  the  event  that  it. 
he  or  they  has  or  have  allowed,  or  shall  allow,  any  laud  to  be  used  for 
the  purpose  of  a  by-pass  or  waterway  to  comply  with  the  plans  of  said 
California  debris  commission  herein  referred  to,  or  shall  construct  levees 
along  any  line  of  any  such  by-pass,  and  shall  convey  a  perpetual  ease- 
ment therein  to  said  drainage  district,  it,  he  or  they  shall  have  a  claim 
against  the  said  drainage  district  for  the  reasonable  cost  of  such  right 
of  wa\'  or  other  easement  or  of  such  levees,  cuts,  canals  or  gates  and  an 
assossnicnt  shall  be  levied  upon  the  lands  in  said  drainage  district  bene- 
fited thereby  so  thitt  the  same  may  be  i>aid.  or  such  cost  may  be  included 
as  one  of  the  items  in  any  assessment  that  may  be  levied  in  the  said 
drainage  district.  [New  section  approved  May  26,  1913.  Stats.  1913, 
p.  275.] 

Appropriation.     Liability  of  state. 

§  19.  The  sum  of  one  hundred  thousand  dollars,  in  addition  to  the 
sums  heretofore  approjjriated,  is  hereby  appropriate<l  for  the  use  of  the 
reclamation  board,  at  Least  twenty  tiiousand  dollars  of  which  shall  be 
used  by  the  board  to  pay  the  expenses  of  the  state  engineer  in  carrying 
out  the  directions  of  this  act.  The  controller  is  hereby  directed  to  draw 
warrants  upon  the  state  treasurer  whenever  drafts  of  the  reclamation 
board  are  presented  to  him,  and  the  treasurer  is  hereby  directed  to  pay 
said  controller's  warrants.  Jr.  the  first  assessment  levied  in  said  dis- 
trict the  sum  of  fifty  thousand  dollars  shall  be  levied,  collected  and  paid 
to  the  state  treasurer  as  reimbursement  of  one-half  of  the  above  appro- 
priation. 

The  state  of  California  shall  not  be  liable,  directly  or  indirectly,  for 
any  obligation,  claim,  or  liability  of  any  kind  or  character,  arising  under, 
or  by  reason  of  this  act,  or  any  of  the  provisions  thereof,  in  excess  of 
the  one  hundred  thousand  dollars  in  and  by  this  act  appropriated.  (_New 
section  approved  May  26,  1913;   Stats.  1913,  p.  276.J 

TITLE  421. 

SACRAMENTO  CITY. 
ACT  3039. 

Charter  of  Sacramento  City.     [Stats.  1893,  p.  545.] 
Amended    1905,   p.    924;    1911,   p.    1790. 


I'^^OS  SACRAMENTO  COUNTY.  Acts  3039a,  3082 

Citations.      Cal.    158/26.      App.    10/605;    11/520;    12/486,   487;    (§7)    16/724, 
725,    726;     (§8)     16/724.    725,    726,    729. 

A    new    charter    was    adopted    in    1911.      See    next    act. 

ACT  3039a. 

Charter  of  Sacramento  City. 
Adopted    1911.      See    Stats.    Ex.    Sess.    1911,    p.    305. 

TITLE  422. 

SACRAMENTO  COUNTY. 

Act  3082. 

An  act  to  authorize  the  state  of  California  to  convey  to  the  county  of 
Saeranionto  the  following  described  real  property,  to  wit:  All  that 
real  property  situated  in  the  county  of  Sacramento,  state  of  Cali- 
fornia, and  described  as  beginning  at  a  point  on  the  north  line  of 
section  17,  said  point  being  the  northwest  corner  of  the  property 
deeded  to  the  board  of  supervisors  of  Sacramento  county  by  James 
Lansing  on  April  8,  1869,  and  recorded  in  book  51  of  deeds,  page  633, 
on  file  in  the  office  of  the  county  recorder  of  Sacramento  county,  and 
described  as  "The  west  17  chains  of  the  east  22  chains  of  the  north 
i/o  of  the  northeast  %  of  section  17,  T.  8  N.,  R.  5  E.,  M.  D.  B.  &  M., 
and  running  thence  from  said  point  of  beginning  south  224.6  feet; 
thence  S.  40°  56'  W.  201.6  feet;  thence  S.  89°  22'  W.  327.3  feet  to 
the  east  line  of  the  Wright  &  Kimbrough  subdivision  No.  14;  thence 
north  380.5  feet  along  said  east  line  to  the  northeast  corner  of  said 
subdivision  on  the  north  line  of  section  17;  thence  east  464.2  feet 
along  said  section  line  to  the  place  of  beginning,  containing  3.78 
acres.  All  the  above-described  property  lying  in  section  17,  T.  8 
N.,  R.  5  E.,  M.  D.  B.  &  M.,  and  in  Sacramento  county,  California; 
in  consideration  of  the  county  of  Sacramento  conveying  to  the  state 
of  California  the  following  described  real  property,  to  wit:  All  that 
real  property  situated  in  the  county  of  Sacramento,  state  of  Cali- 
fornia, and  described  as  beginning  at  a  point  on  the  property  line 
between  the  County  Hospital  grounds  and  the  Elmhurst  subdivision, 
said  point  being  in  section  17,  T.  8  N.,  R.  5  E.,  M.  D.  B.  &  M.,  dis- 
tant S.  0°  27'  W.  215.7  feet  from  the  north  line  of  said  section  17 
at  a  distance  of  330  feet  west  from  the  northeast  corner  thereof  and 
running  thence  N.  71°  06'  W.  621.2  feet;  thence  S.  89°  22'  W.  178.3 
feet;  thence  S.  84°  52'  W.  54.7  feet;  thence  S.  80°  56'  W.  65.3  feet; 
thence  S.  73°  08'  W.  56.3  feet;  thence  S.  66°  43'  W.  64  feet;  thence 
S.  57°  52'  W.  42.6  feet;  thence  S.  55°  29'  W.  69.7  feet;  thence  S. 
49°  37'  W.  119.7  feet;  thence  S.  40°  56'  W.  15.6  feet  to  the  property 
line  between  the  county  hospital  property  and  the  property  of  the 
State  Agricultural  Society  at  a  distance  of  224.6  feet  south  along 
said  property  line  from  the  northwest  corner  of  the  tract  of  land 
deeded  by  James  Lansing  to  the  board  of  supervisors  of  Sacramento 
county  on  April  8,  1869,  and  recorded  in  book  51  of  deeds,  page  633, 


Act  3082,  §  1  GENERAL   LAWS.  189-1: 

on  file  in  the  office  of  the  county  recorder  of  Sacramento  county,  and 
described  as  "The  west  17  chains  of  the  east  22  chains  of  the  north 
i/o  of  the  northeast  14  of  section  17,  T.  8  N.,  R.  5  E..  M.  D.  B.  &  M.." 
thence  south  458  feet  along  the  west  line  of  said  tract  to  the  south- 
west corner  thereof;  thence  east  1188  feet  along  the  south  line  of 
said  tract  to  the  southeast  corner  thereof;  thence  north  467  feet 
along  the  east  line  of  said  tract  to  the  point  of  beginning,  contain- 
ing 16.12  acres.  All  the  above-described  laml  lying  in  section  17, 
T.  8  ^N.,  R.  5  E.,  M.  D.  B.  &  ^[.,  and  in  Sacramento  county,  California; 
the  purpose  of  this  act  being  to  perfect  of  record  the  title  of  the 
county  of  Sacramento  to  the  real  property  first  above  described  and 
to  perfect  of  record  the  title  of  the  state  of  California  to  the  real 
property  last  above  described. 

[Approved   April   24,   1911.     Stats.    1911,   p.    1096.] 

Conveyances  of  certain  real  jjt'Operty  in  Sacramento  county  to  perfect 

title. 
§  1.  In  consideration  of  the  county  of  Sacramento  executing  and  de- 
livering to  the  state  of  California  a  good  and  valid  conveyance  convey- 
ing to  it  all  its  right,  title  and  interest  in  and  to  the  following  described 
real  property,  to  wit:  All  that  real  property  situated  in  the  county  of 
Sacramento,  state  of  California,  and  described  as  beginning  at  a  jx)int 
on  the  property  line  between  the  county  hospital  grounds  and  the  Elm- 
hurst  subdivision,  said  point  being  in  section  17,  T  8  N.,  R.  5  E.,  M.  D. 
B.  &  M.,  distant  S.  0°  27'  W.  215.7  feet  from  the  north  line  of  said  sec- 
tion 17  at  a  distance  of  3.30  feet  west  from  the  northeast  corner  thereof 
and  running  thence  N.  71°  06'  W.  621.2  feet;  thence  S.  89"  22'  W.  178.3 
feet;  thence  S.  84°  52'  W.  54.7  feet;  thence  S.  80"  56'  W.  65.3  feet; 
thence  S.  73"  OS'  W.  56.3  feet;  thence  S.  66'  43'  W.  64  feet;  thence  S.  57" 
52'  W.  42.6  feet;  thence  S.  55"  29'  W.  69.7  feet;  thence  S.  49°  37' W.  119.7 
feet;  thence  S.  40°  56'  W.  15.6  feet  to  the  property  line  between  the 
county  hospital  property  and  the  property  of  the  State  Agricultural  Soci- 
ety at  a  distance  of  324.6  feet  south  along  said  property  line  from  the 
northwest  corner  of  the  tract  of  land  deeded  by  James  Lansing  to  the 
board  of  supervisors  of  Sacramento  county  on  April  8,  1869,  and  re- 
corded in  book  51  of  deeds,  page  633,  on  file  in  the  office  of  the  county  re- 
corder of  Sacramento  county,  and  described  as  "The  west  17  chains  of  the 
east  22  chains  of  the  north  \o  of  the  northeast  Yi  of  section  17,  T.  8  N., 
R.  5  E.,  M.  D.  B.  &  M.,"  thence  south  458  feet  along  the  west  line  of  said 
tract  to  the  southwest  corner  thereof;  thence  east  1183  feet  along  the 
south  line  of  said  tract  to  the  southeast  corner  thereof;  thence  north  467 
feet  along  the  east  line  of  said  tract  to  the  point  of  beginning,  containing 
16.12  acres.  All  the  above-describod  land  lying  in  section  17,  T.  8  X., 
R.  5  E.,  M.  D.  B.  &  M.,  and  in  Sacramento  county,  California,  the  governor 
of  the  state  of  California  is  hereby  empowered,  authorized  and  directed  to 
make,  execute  and  tloliver  to  the  county  of  Sacramento  a  good  and  valid 
conveyance,  conveying  to  said  county  all  the  right,  title  and  interest  of 


1895  SAN  BERNARDINO  COUNTY.  Acts  3088-3112 

the  state  of  California  in  and  to  the  following  described  real  property, 
to  wit:  All  that  real  property  situated  in  the  county  of  Sacramento,  state 
of  California,  and  described  as  Vjeginning  at  a  point  on  the  north  line  of 
section  17,  said  point  being  the  northwest  corner  of  the  property  deeded 
to  the  board  of  supervisors  of  Sacramento  county  by  James  Lansing  on 
April  8,  1869,  and  recorded  in  book  51  of  deeds,  page  633,  on  file  in  the 
office  of  the  county  recorder  of  Sacramento  county,  and  described  as 
"The  west  17  chains  of  the  east  22  chains  of  the  north  i^  of  the  north- 
east %  of  section  17,  T.  8  N.,  E.  5  E.,  M.  D.  B.  &  M.,  and  running  thence 
from  said  point  of  beginning  south  224.6  feet;  thence  S.  40°  56'  W.  201.6 
feet;  thence  S.  89°  22'  W.  327.3  feet  to  the  east  line  of  the  Wright  & 
Kimbrough  subdivision  No.  14;  thence  north  380.5  feet  along  said  east 
line  to  the  northeast  corner  of  said  subdivision  on  the  north  line  of  sec- 
tion 17;  thence  east  464.2  feet  along  said  section  line  to  the  place  of 
beginning,  containing  3.78  acres.  All  the  above-described  property  lying 
in  section  17,  T.  8  N.,  R.  5  E.,  M.  D.  B.  &  M.,  and  in  Sacramento  county, 
California.  The  said  deed  shall  be  made  in  the  name  of  the  state  of 
California,  and  signed  and  acknowledged  by  the  governor  thereof,  and 
attested  by  the  secretary  of  state  of  the  state  of  California. 

§  2.  The  conveyance  herein  authorized  to  be  made  by  said  state  of 
California  is  for  the  purpose  of  perfecting  of  record  the  title  of  the 
state  of  California  in  and  to  the  property  first  described  in  section  1 
hereof,  and  likewise  for  the  purpose  of  perfecting  of  record  the  title  of 
the  county  of  Sacramento  in  and  for  the  pro^jerty  last  described  in 
section  1  hereof. 

TITLE  424. 
SALINAS  CITY. 
ACT  3088. 

Charter  of  Salinas  City.     [Stats.  1903,  p.  599.] 

Amended   1911,  p.   1739. 

TITLE  428. 
SAN  BERNARDINO   CITY. 

ACT  3110. 

Charter   of.     [Stats.   19D5,   p.   940.] 
Amended   1913,   p.    1716. 

TITLE  429. 
SAN  BERNARDINO  COUNTY. 
ACT  3112. 

Charter   of.     [Approved    bv   voters    November   5,    1912;    ratified   by   the 
legislature,  April  7,  1913.     Stats.  1913,  p.  1652.] 


Acts  3145, 3158  general  laws.  1896 

TITLE  431. 

SAN  DIEGO  CITY. 
ACT  3145. 

Ohartor  of  San  Diego  City.  [Stats.  1889,  p.  643.] 
Amended  1901,  p.  879;  1905,  p.  901;  1909,  p.  1137;  1911,  p.  1356;  1913. 
p.  1663. 

Citations.  Cal.  159/436,  438;  160/20G;  162/614,  615;  (§  18)  160/206; 
(5  20)  160/207.  App.  8/42,  43,  44,  45,  46,  481;  9/551,  552;  (c.  1,  art.  5. 
§§  8,  11)  16/C28;  (subd.  33,  c.  2)  17/606,  607. 

ACT  3158. 

An  act   creating  a  board   of  pilot   commissioners  for  the  harbor  of  San 
Diego,   defining  their  duties,   and   fixing  their   compensation. 
[Approved  March  2,  19II.     Stats.  1911,  p.  267.] 

Pilot  commissioners  of  San  Diego. 

§  1.  It  shall  be  the  duty  of  the  governor  to  appoint  one  citizen  and 
one  nautical  man,  residents  of  San  Diego,  as  pilot  commissioners.  The 
mayor  of  said  city  shall  be  ex-officio  pilot  commissioner.  The  three  per- 
sons named  shall  constitute  a  board  of  pilot  commissioners,  with  the 
powers  and  duties  as  hereinafter  provided. 

Oath  of  office. 

§  2.  Each  commissioner  shall,  before  entering  upon  his  official  duties, 
take  the  following  oath  or  adirmation,  which  shall  be  indorsed  on  his 
commission,  and  shall  be  signed  by  him  and  certified  by  the  county 
judge  of  the  county  of  San  Diego:  "T  do  solemnly  swear  (or  aflirm,  as 
the  case  may  be),  that  I  will  support  the  constitution  of  the  Tnited 
States  and  the  constitution  of  the  state  of  California,  and  that  I  will 
faithfully  discharge  the  duties  of  the  oflice  of  pilot  commissioner,  with- 
out fear,  favor  or  affection,  according  to  the  best  of  my  ability." 

Term. 

§  3.  The  board  of  pilet  commissioners  shall  hold  their  offices  during 
the  pleasure  of  the  power  api)ointing  them,  not  exceeding  four  years. 

Organization  of  board. 

§  4.  The  board  of  pilot  conuiiissioners  shall  meet  at  least  once  in  each 
mouth.  They  shall  elect  one  of  their  number  president,  who  shall  be 
authorized  to  administer  oaths,  and  under  his  hand  and  private  seal  to 
issue  subpoenas  for  the  attendance  of  witnesses  in  all  cases  arising  before 
the  board  under  this  act.  A  witness  disobeying  such  subpoena  shall  for- 
feit and  pay  a  sum  not  exceeding  one  hundred  dollars,  which  may  be 
sued  for  and  recovered  in  a  civil  action,  in  the  name  of  the  president  of 
the  board.  It  shall  make  by-laws  and  rules  for  its  own  government  of 
the  pilots  not  inconsistent  with  the  laws  of  the  state  or  of  the  United 
States.     A   majority   of   such   board   shall    constitute   a    quorum   for   the 


1897  SAN  DiEoo  CITY.  Act  3158,  §§  5-7 

transaetion   of  business,   and   may   meet  and   adjourn   from  time   to  time, 
according   to   adjournment   or   appointment. 

Qualifications  of  pilots. 

§  5.  Pilots  appointed  by  commissioners  must  be  carefully  examined 
as  to  their  qualifications,  and,  if  found  to  be  qualified  and  worthy,  must 
receive  license  as  pilots  for  the  term  of  twelve  months,  which  license 
shall  be  thereafter  annually  renewed  until  the  commissioners  have  good 
cause  to  withhold  such  renewal,  and  whenever  the  commissioners  deem 
they  have  such  cause,  or  intend  for  any  reason  to  withhold  such  renewal, 
the  secretary  of  the  board  of  commissioners  shall  serve  notice  in  writing 
on  such  pilot,  specifying  the  causes,  at  least  ten  days  before  the  expira- 
tion of  his  license;  and  such  pilot  shall  thereupon  be  entitled  to  a  full 
hearing  before  said  board. 

Qualifications  of  pilots. 

§  6.  No  person  shall  be  appointed  a  pilot  iinless  he  is  an  American 
citizen,  over  the  age  of  twcuty  one  j'ears,  with  a  practical  knowledge  of 
the  management  of  sailing  vessels  and  steamboats,  and  of  the  tides, 
soundings,  bearings,  and  distances  of  the  several  shoals,  bars,  rocks, 
]ioints  of  land,  lighthouse,  and  fog  signals  of  the  port  and  harbor  of  San 
Diego. 

Oath  and  bond  of  pilots.     Number. 

§  7.  Every  pilot  receiving  a  license  shall,  before  entering  on  the  dis- 
charge of  his  duties,  take  the  oath  prescribed  by  the  constitution  of  this 
state,  which  shall  be  indorsed  upon  his  license,  signed  by  him,  and  cer- 
tified by  the  president  of  the  board;  and  shall  give  a  bond  in  the  sum  of 
twenty-five  hundred  dollars,  with  two  sureties  to  be  approved  by  the 
board  and  recorded  in  the  county  recorder's  oflfice  of  San  Diego  county, 
made  payable  to  the  state  of  California,  and  conditioned  that  he  will 
faithfully  perform  all  the  duties  required  of  him  as  a  pilot  under  this 
act,  and  will  observe  the  rules  and  regulations  and  decisions  of  the  board. 
The  pilots  shall  renew  their  bonds  whenever  the  board  may  deem  it 
necessary  and  shall  so  order.  In  all  cases  where  a  pilot  shall  have  been 
deprived  of  his  license  before  the  expiration  thereof  for  any  of  the  causes 
hereinafter  specified,  it  shall  be  the  duty  of  the  president  of  the  board, 
provided  a  majority  of  the  board  shall  instruct,  to  place  the  bond  of  such 
pilot  in  the  hands  of  the  attorney  general  of  the  state  of  California  for 
collection.  If  any  amount  be  collected  thereon  in  such  suit,  it  shall  be 
paid  to  the  board  and  shall  constitute  a  fund  out  of  which  it  shall  be 
the  duty  of  the  board  to  provide  rewards  to  encourage  the  relief  of  ves- 
sels and  passengers  in  distress,  and  generally  to  encourage  the  pilots  in 
the  energetic  performance  of  their  duties. 

The  board  of  commissioners  must  examine  and  license  in  the  manner 
prescribed,  not  less  than  two  nor  more  than  four  pilots  for  the  port  of 
San  Diego. 


Act  3158,  §§8-13  GENERAL   LAWS.  1898 

Duty. 

§  8.  It  shall  be  the  fluty  of  every  pilot  in  charge  of  a  vessel  arriving 
in  the  harbor  of  San  Diego  to  have  the  vessel  safely  moored  in  euch  a  I 

jiosition  as  the  master  may  direct.  ■ 

If  carried  to  sea  against  Ms  will. 

§  9.  Every  pilot  carried  to  sea  against  his  will,  when  a  pilot  boat  is 
in  attendance  to  receive  him,  shall  be  entitled  to  receive  the  sum  of 
eight  dollars  per  day  while  absent,  which  sum  may  be  recovered  from 
the  master  or  owner  of  the  vessel  so  taking  him  away;  provided,  the 
amount  herein  allowed  to  be  recovered  shall  in  no  case  exceed  one  thou- 
sand dollars. 

Causes  for  taking  away  license. 

§  10.  Any  pilot  may  be  deprived  of  his  license  before  the  expiration 
thorcof,  for  the  following  causes: 

First — For  refusing  to  exhibit  his  license  when  requested  to  do  so  by 
the  master  of  any  vessel  he  may  have  boarded. 

Second — For  habitual  or  occasional  intoxication,  whether  the  same 
shall  occur  while  in  charge  of  a  pilot  boat,  or  at  any  other  time. 

Third — For  negligently,  ignorantly,  or  willfully  running  any  vessel  on 
shore,  or  otherwise  rendering  her  liable  to  injury;  provided,  that  any 
pilot  deprived  of  his  license  under  this  subdivision  shall  thereafter  be 
ineligible  to  a  license  as  pilot  under  this  act. 

Piloting  vessel  without  license. 

§  11.  Any  person  not  holding  a  license  as  pilot,  who  shall  pilot  any 
vessel  into  or  out  of  the  harbor  of  San  Diego,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  on  conviction  in  any  court  of  competent  jurisdiction 
shall  be  punished  by  a  fine  not  exceeding  five  hundred  dollars,  or  by 
imprisonment  not  exceeding  ninety  days. 

Liability  for  fees. 

§  12.  All  vessels,  their  tackle,  ajiparel  and  furniture,  and  the  masters 
and  owners  thereof,  shall  be  jointly  and  severally  liable  for  pilotage  fees, 
to  be  recovered  in  any  court  of  competent  jurisdiction. 

When  two  pilots  offer  services. 

§  13.  When  two  or  more  pilots  shall  offer  their  services  to  a  vessel 
outside  of  a  line  from  Punta  Lomas  and  the  southeast  end  of  Zuinga 
shoal,  the  first  pilot  oflFering  his  services  shall  have  the  preference;  and 
if  the  master  of  any  vessel  shall  refuse  to  observe  such  rule  of  prefer 
ence,  and  take  the  pilot  entitled  to  be  preferred  on  board,  the  vessel,  her 
ajipurtenances,  the  master  and  owner  thereof,  shall  be  jointly  and  sev- 
erally liable  to  the  pilot  entitled  to  such  preference  for  one-half  of  the 
amount  of  julotage  he  would  have  been  entitled  to  claim  had  his  services 
been  accepted. 


1899  SAN  DIEGO  CITY.  Act  3158a 

Rates  of  pilotage.     Exemptions. 

§  li.  The  following  shall  be  the  rates  of  pilotage  into  or  out  of  the 
harbor  of  San  Diego:  All  vessels  three  dollars  per  foot  draft  and  three 
Cents  per  ton  for  each  and  every  net  ton  of  registered  measurement,  and 
every  vessel  spoken  inward  or  outward  bound  except  as  hereinafter  pro- 
vided, shall  pay  the  said  rate's.  A  vessel  s])oken  by  day  by  a  pilot  boat 
displaying  a  union  jack,  or  by  night  displaying  a  torch  or  flare-up  within 
a  distance  of  one  mile  of  the  vessel,  in  all  cases  when  inward  bound 
vessels  are  not  spoken  until  inside  of  the  bar,  the  rates  of  pilotage  herein 
provided  shall  be  reduced  fifty  per  cent. 

All  vessels  sailing  under  enrollments  and  licensed  and  engaged  in  the 
coasting  trade,  between  the  port  of  San  Diego  and  any  other  port  of  the 
United  States,  shall  be  exempt  from  all  pilotage,  unless  a  pilot  is  actually 
employed. 

AH  foreign  vessels  and  vessels  from  a  foreign  port  bound  thereto, 
and  all  vessels  sailing  under  a  register  between  the  port  of  San  Diego 
and  any  other  port  in  the  United  States,  shall  be  liable  for  pilotage  as 
provided  in  section  14. 

Reports  of  pilots. 

§  15.  Every  pilot  of  the  harbor  of  San  Diego  must  once  in  each  month, 
upon  blanks  to  be  furnished  to  them  by  the  board  of  pilot  commissioners, 
render  a  verified  account  to  the  board  of  all  moneys  received  by  him, 
or  by  any  other  person  for  him,  or  on  his  account,  and  pay  five  per  cent 
thereof  to  the  board,  in  full  compensation  for  its  official  services,  for  the 
services  of  its  secretary  and  treasurer.  Such  account  shall  give  the  namei 
of  each  vessel  piloted^!  and  of  each  vessel  for  which  pilotage  has  been 
charged  or  collected,  and  the  amount  charged  to,  or  collected  from  each, 
where  the  same  is  registered,  the  depth  of  its  draught,  its  tonnage, 
whether  inward  or  outward  bound,  and  whether  the  amount  so  received, 
collected,  or  charged  is  for  full  pilotage  or  half  pilotage,  and  the  secre- 
tary shall  record  such  account  in  a  book  prepared  for  that  purpose,  which 
book  shall  at  all  times  be  open  to  public  inspection. 

Absence  from  San  Diego. 

§  16.  All  pilots  absenting  themselves  from  San  Diego  for  more  than 
thirty  days  shall  forfeit  their  commission,  except  in  case  of  sickness,  or 
consent  of  the  commissioners. 

§  17.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

ACT  3158a. 

An  act  conveving  certain  tide  lands  and  lands  lying  under  inland  navi- 
gable waters  situate  in  the  bay  of  San  Diego  to  the  city  of  San 
Diego  in  furtherance  of  navigation  and  commerce  and  the  fisheries, 
and  providing  for  the  government,  management  and  control  thereof. 

[Approved  May  1,  1911.     Stats.  1911,  p.  1357.] 
Amended   1913,  p.   78. 


Act  3158a,  §§  1-3  general  laws.  1900 

Whereas,  since  the  admission  of  California  into  the  Union,  all  tide 
lands  along  the  navigable  waters  of  this  state  and  all  lands  h"ing  beneath 
the  navigable  waters  of  the  state  have  been  and  now  are  held  in  trust 
by  the  state  for  the  benefit  of  all  the  inhabitants  thereof  for  the  pur 
poses  of  navigation,  commerce  and  fishing;  and 

Whereas,  it  is  the  duty  of  the  state  to  govern,  administer  and  control 
such  lands  and  to  improve  and  develop  navigation,  commerce  and  fishing 
thereon  and  thereover;  and 

Whereas,  the  state  has  not  the  general  power  of  alienation  of  such 
laniis  but  may,  when  the  interests  of  commerce,  navigation  and  fishing 
require  it,  convey  to  municipalities  limited  and  defined  areas  of  such 
lands  with  the  power  to  govern,  control,  improve  and  develop  the  same 
in  the  interests  of  all  the  inhabitants  of  the  state;  and 

Whereas,  the  conveyance  to  the  city  of  San  Diego  of  the  lands  herein- 
after described,  together  with  the  right  to  govern,  control,  improve  and 
develop  the  same  will  result  in  great  advantage  and  benefit  to  all  the 
inhabitants  of  the  state,  it  is  provided: 

Tide  lands  granted  to  San  Diego. 

§  1.  There  is  hereby  graiiteil  and  conveyed  to  the  city  of  San  Diego, 
in  the  county  of  San  Diego,  state  of  California,  all  of  the  lands  situate 
on  the  city  of  San  Diego  side  of  said  bay,  lying  and  being  between  the 
line  of  mean  high  tiile  and  the  pier  head  line  in  said  bay,  as  the  same 
has  been  or  may  hereafter  be  established  by  the  federal  government,  and 
between  the  prolongation  into  the  bay  of  San  Diego  to  the  pier  head 
line  of  the  boundary  line  between  the  city  of  San  Diego  and  National 
City,  and  the  prolongation  into  the  bay  of  San  Diego  to  the  pier  head 
line  of  the  northerly  line  of  the  United  States  military  reservation  on 
Point  Loma. 

City  to  improve. 

§  2.  The  city  of  San  Diego  shall  have  and  there  is  hereby  granted  to 
it  the  right  to  make  upon  said  premises  all  improvements,  betterments 
and  structures  of  every  Uind  and  character,  pro|)er,  needful  and  useful 
for  tlic  development  of  commerce,  navigation  and  fishing,  including  the 
construction  of  all  wharves,  ddcks,  piers,  slips,  and  the  construction  and 
operation  of  a  municipal  belt  line  railroad  in  connection  with  said  dock 
system. 

Lands  not  to  be  transferred  by  city. 

§  3.  No  grant,  conveyance  or  transfer  of  any  character  shall  ever  be 
made  by  the  city  of  San  Diego  of  the  lands  described  in  paragraph  1,  or 
of  any  part  thereof,  but  the  said  city  shall  continue  to  hold  said  lanils 
and  tile  whole  tliereof  unless  the  same  revert  or  be  re-ceded  to  the  stat.' 
of  California.  The  harbor  of  San  Diego  shall  remain  always  a  public 
harbor  and  the  said  city  shall  never  charge  or  permit  to  be  charged  on 
any  of  the  premises  by  this  act  conveyed  any  unreasonable  rate  or  toll, 


1901  SAN  DIEGO  CITY.  Act  3158a,  §§  4-6 

nor  make  nor  suffer  to  be  made  any  unreasonable  charge,  burden  or  dis- 
crimination. In  the  event  of  a  violation  of  any  of  the  provisions  of  this 
act  the  said  lands  and  the  whole  thereof  shall  revert  to  the  state  of 
California. 

May  lease  wharves. 

§  4.  The  city  of  San  Diego  may  lease  for  a  term  not  exceeding  fifteen 
years  any  wharves,  docks  or  piers  constructed  by  it,  and  all  such  leases 
so  executed  shall  reserve  to  the  common  council  of  the  city  of  San  Diego 
the  right  and  privilege,  by  ordinance,  to  annul,  change  or  modify  such 
leases  as  in  its  judgment  may  seem  proper.  The  aggregate  amount  of 
all  wharves,  docks  and  piers  so  leased  by  said  city  shall  never  exceed 
seventy-five  per  cent  of  all  the  wharves,  docks  and  piers  actually  con- 
structed. 

May  lease  lands. 

§  5.  The  city  of  San  Diego  may  lease  not  to  exceed  an  aggregate  of 
seventy-five  per  cent  of  the  lands  conveyed  to  it  by  this  act,  for  a  term 
not  to  exceed  twenty-five  years  and  upon  which  wharves,  docks  or  piers 
have  not  been  actually  constructed  and  no  such  lease  shall  be  for  a 
larger  area  than  forty  acres,  and  such  leases  shall  not  be  assignable  or 
transferable,  nor  shall  any  lessee  have  the  right  to  sublet  the  leased 
premises  or  any  part  thereof,  and  all  such  leases  so  executed  shall  re- 
serve to  the  common  council  of  the  city  of  San  Diego  the  right  and 
privilege,  by  ordinance  to  annul,  change  or  modify  such  leases  as  in  its 
judgment  may  seem  proper. 

San  Diego  to  issue  harbor  bonds.     Depth  of  water  at  piers. 

§  6.  The  foregoing  conveyance  is  made  upon  the  condition  that  the 
city  of  San  Diego  shall,  within  twelve  months  from  the  approval  of  this 
act,  exclusive  of  such  time  as  said  city  may  be  restrained  from  so  doing 
by  injunction  issued  out  of  any  court  of  this  state  or  of  the  United  States, 
and  exclusive  of  such  further  delay  as  may  be  caused  bj^  unavoidable 
misfortune  or  great  public  or  municipal  calamity,  issue  its  bonds  for 
harbor  improvement  purposes  in  an  amount  of  not  less  than  one  million 
dollars,  and  shall,  within  eighteen  months  after  the  approval  of  this  act, 
exclusive  of  the  time  in  this  section  hereinbefore  mentioned,  commence 
the  work  of  such  harbor  improvement,  and  the  said  work  and  improve- 
ment shall  be  prosecuted  with  such  diligence  that  not  less  than  one 
million  dollars  shall  be  expended  thereon  within  four  years  from  the 
approval  of  this  act  exclusive  of  the  time  in  this  section  hereinbefore 
mentioned.  The  said  harbor  improvement  work  shall  be  so  done  and  per- 
formed that  accommodation  will  be  furnished  and  maintained  for  ocean- 
going vessels  of  the  largest  class,  and  a  depth  of  water  shall  be  obtained 
and  maintained  at  the  piers  of  not  less  than  thirty-five  feet.  If  said 
bonds  be  not  issued  or  said  work  be  not  prosecuted  and  completed  as  and 
in  the  manner  herein  provided,  then  the  lands  by  this  act  conveyed  to 


Acts  3158b,  3172a  general  laws.  1902 

the  city  of  San  Diego  shall  revert  to  the  state  of  California.     [Amend- 
ment approved  April  23,  1913;  Stats.  1913,  p.  78.] 

Rights  reserved  to  state. 

§  7.  The  state  hereby  reserves  unto  itself  at  all  times,  the  reasonable 
use  of  and  access  to  all  wharves,  docks,  piers,  slips  and  quays  hereafter 
constructed  under  the  provisions  of  this  act.  for  any  vessel  or  water  craft 
owned,  leased  or  operated  by  the  state. 

§  8.     This  act  shall  take  effect  immediately. 

ACT  3158b. 

An   act   to   prpvide  for  the   purchase   by  the   state   of   California   of   the 

armory   building   and   wharf   located   on   the   bay   of   San    Diego,  and 

making  an  appropriation  therefor.      [Approved  April  5,  1911.     Stats. 

1911,  p.  638.] 

This  act  appropriated  three  thousand  five  hundred  dollars  fur  the  purpose  indi- 
cated. 

TITLE  432. 

SAN  DIEGO  COUNTY. 
ACT  3172a. 

An  act  increasing  the  number  of  judges  of  the  superior  court  of  the 
county  of  San  Diego,  state  of  California,  and  for  the  appointment 
of  such  additional  judge. 

[Approved  February  23,  1911.     Stats.  1911,  p.  67.] 

Superior  judges  of  San  Diego  comity. 

§  1.  The  number  of  judges  of  the  superior  court  of  the  county  of 
San  Diego,  state  of  California,  is  hereby  increased  from  two  to  three. 

Appointment  and  election. 

§  2.  Within  sixty  days  after  this  act  takes  effect,  the  governor  shall 
ajipoint  one  additional  judge  of  the  superior  court  of  the  county  of  San 
Diego,  state  of  California,  who  shall  hold  oflice  until  the  first  Monday 
after  the  first  da}'  of  January,  1913.  At  the  next  general  election  one 
judge  of  such  superior  court  of  said  county  shall  be  elected,  who  shall 
"succeed  the  judge  appointed  under  this  act,  and  the  person  so  elected 
shall   hold   office  for  the  term  prescribed  by  law. 

Salary. 

§  3,  The  salary  of  said  additional  judge  shall  be  five  thousand  dollars 
per  annum,  and  shall  be  paid  at  the  same  time  and  in  the  same  manner 
as  the  salaries  of  the  other  judges  of  the  superior  court  of  said  county. 


1903  SAN  FRANCISCO..  Acts  3173-3336 

ACT  3173. 

An  act  increasing  the  nuinlior  of  .iudgos  of  the  superior  court  of  the 
county  of  San  Diego,  state  of  California,  and  for  the  appointment 
of  such  additional  judge. 

[Approved   April  14,   1913.     Stats.   1913,  p.  25.] 

Additional  judge  for  San  Diego  county. 

§  1.  The  number  of  judges  of  the  superior  court  of  the  county  of 
San  Diego,  state  of  California,  are  hereby  increased  from  three  to  four. 

§  2,  Within  sixty  days  after  this  act  takes  effect,  the  governor  shall 
appoint  one  additional  judge  of  the  superior  court  of  the  county  of  San 
Diego,  state  of  California,  who  shall  hold  office  until  the  first  Monday 
after  the  first  day  of  .January,  1915.  At  the  next  general  election  one 
judge  of  such  superior  court  of  said  county  shall  be  elected,  who  shall 
succeed  the  judge  appointed  under  this  act,  and  the  person  so  elected 
shall  hold  office  for  the  term  prescribed  by  law. 

§  3.  The  salary  of  said  additional  judge  shall  be  five  thousand  dol- 
lars per  annum,  and  shall  be  paid  at  the  same  time  and  in  the  same 
manner  as  the  salaries  of  the  other  judges  of  the  superior  court. 

TITLE  433. 

SAN  FRANCISCO. 
ACT  3177. 

Charter  of  San  Francisco.  [Stats.  1899,  p.  241.] 
Amended  1903,  p.  583;  1907,  pp.  10,  29;  1911,  pp.  1469,  1661;  1913,  pp. 
1473,  1602. 

Citations.  Cal.  155/297,  299,  302;  157/40;  158/74,  75,  76,  78,  79,  87, 
88,  90,  91,  92,  94,  748,  750;  159/702,  709;  160/82,  86,  87,  88,  197,  203, 
204,  205,  209,  591,  598,  600,  680,  685;  161/641,  646;  162/94,  97,  98,  101, 
103.  App.  9/388,  389.  391,  392;  12/297,  298,  368;  13/548,  773;  14/230; 
15/11,  14,  15,  16,  503,  505,  506,  507;  18/53,  56,  57,  433,  435;  19/89,  90, 
111,  115,  116,  118,  119,  120,  121,  123. 

ACT  3185. 

Citations.     Cal.   158/731,   738. 

ACT  3270. 

Citations.      Cal.   158/377,    380,    381,    387. 

ACT  3282. 

Citations.      App.   13/772,    773,    774. 

ACT  3326. 

Citations.      Cal.   158/377,  378,   381,   386. 

ACT  3336. 

Citations.      Cal.   158/731,    732,    734,    737,   738. 


Acts  3347, 3348  general  laws.  1904 

ACT  3347. 

An  act  granting  to  the  city  and  county  of  San  Francisco  the  right  to  con- 
struct, maintain  and  operate  a  municipal   street  railroad   over,  upon 
and  along  the  lands  under  the  control   of  the  state  board  of  harbor 
commissioners  within  the  said  city  and  county  of  San  Francisco. 
[Approved    March    fi,    1911.     Stats.    1911,    p.   284.] 

Granting  San  Francisco  right  to  construct  railroad  on  state  lands. 

§  1.  The  right  is  hereby  granted  to  the  city  and  county  of  San  Fran- 
cisco to  construct,  maintain  and  operate  a  single  or  double  track  munici- 
pal street  railroad,  with  the  necessary  switches,  turnouts,  cross-overs  and 
appurtenances,  over,  upon  and  along  the  lands  of  the  state  of  (.'alifornia 
under  the  jurisdiction  and  control  of  the  state  boar<l  of  harbor  commis- 
sioners, from  a  point  where  the  boundary  line  of  said  state  lands  inter- 
sects the  eastern  boundary  of  the  Presidio  and  following  the  general 
direction  of  the  waterfront  line  to  the  southern  boundary  thereof  at  the 
northerly  line  of  the  county  of  San  Mateo,  provided  that  the  right  hereby 
granted  shall  never  be  assigned  or  transferred  by  said  city  and  county  of 
San  Francisco. 

Location  of  tracks. 

§  2.  The  precise  location  of  the  tracks  to  be  laid  down  shall  be  deter- 
miiled  by  the  mutual  agreement  of  the  board  of  state  harbor  commis- 
sioners and  the  municipal  authorities  of  said  city  and  county,  but  shall 
be  as  near  as  practicable  to  the  seawall,  constructed  and  to  be  con- 
structed, with  as  little  obstruction  as  possible  to  the  free  use  of  the 
property  of  the  state.  The  city  and  county  of  San  Francisco  shall  keep 
in  a  good  state  of  repair  the  space  occujiied  by  its  tracks,  between  the 
tracks  and  for  a  space  of  two  feet  on  each  side  thereof,  and  shall  pave 
and  repave  the  same  as  may  be  directed  by  the  state  board  of  harbor 
commissioners. 

§  3.     This  act  shall  take  effect  immediately. 

ACT  3348. 

An  act  providing  that  one-half  of  the  cost  and  expense  of  the  main- 
tenance and  of  the  salaries  of  the  officers,  firemen  and  crew  of  the 
fire  boats  "David  Scannell"  and  "Dennis  Sullivan"  shall  be  borne  and 
paid  by  the  state  of  California  out  of  the  general  fund  In  the  state 
treasury  and  making  an  appropriation  therefor. 

[Approved   April   21,    1911.     Stats.   1911,   p.   1067.] 

State  to  pay  half  cost  of  maintaining  fire  boats  "David  Scannell"  and 

"Dennis  Sullivan." 
§  1.     The  state  of  California  shall  pay  one-half  of  the  cost  and  expense 
of  the  maintenance  and  of  the  salaries  of  the  ofliccrs,  firemen  and  crew 
of  the  tire  boats  "David  ScauncH"  and  "Dennis  Sullivan,"  owned  by  the 


1905  SAN  FRANCISCO.        Act  3348a,  §  1 

city  and  county  of  Snn  Francisco,  which  shall  not  exceed  in  the  aggre- 
gate the  sum  of  fifty  thousand  dollars  per  annum  and  which  shall  be  paid 
out  of  the  general  fund  in  the  state  treasury  for  the  use  thereof  while 
said  fire  boats  remain  in  commission  and  are  used  on  the  bay  of  San 
Francisco  and  tributary  waters  and  said  boats  shall  be  used  for  protec- 
tion against  fires  to  wharves,  shipping  and  the  property  of  the  state  on 
the  waterfront  of  San  Francisco  and  elsewhere  without  any  further  cost 
to  the  state  of  California. 

Monthly  statement  of  expenses. 

§  2.  The  board  of  fire  commissioners  of  the  city  and  county  of  San 
Francisco  may,  each  month,  present  to  the  state  board  of  examiners  an 
itemized  account  of  the  cost  and  expense  of  the  maintenance  and  of  the 
salaries  of  the  officers,  firemen  and  crew  of  said  fire  boats  for  the  pre- 
ceding month.  The  state  board  of  examiners  shall  thereupon  audit  and 
approve  one-half  of  said  cost  and  expense  as  disclosed  by  said  itemized 
account. 

Appropriation. 

§  3.  There  is  hereby  appropriated  out  of  the  general  fund  in  the  state 
treasury  the  sum  of  one  hundred  thousand  dollars  to  be  expended  in  the 
manner  herein   specified. 

Controller  authorized  to  draw  warrants. 

§  4.  The  controller  of  state  is  hereby  authorized  and  directed  to  draw 
his  warrant  in  favor  of  the  city  and  county  of  San  Francisco,  each  month 
for  the  amount  audited  by  the  state  board  of  examiners,  and  the  treas- 
urer is  directed  to  pay  the  same. 

ACT  3348a. 

An  act  to  authorize  the  exchange  of  certain  real  estate  belonging  to  the 
state  of  California,  situated  in  the  city  and  county  of  San  Francisco, 
for  other  lands  belonging  to  the  city  and  county  of  San  Francisco, 
and  to  authorize  the  governor  to  execute  and  to  receive  the  neces- 
sary deeds   of  conveyance  thereof. 

[Approved  April  23,  1913.     Stats.  1913,  p.  70.] 

Authority  to  exchange  state  land  in  San  Francisco. 

§  1.  The  consent  of  the  state  of  California  is  hereby  given  to  ex- 
change with  the  city  and  county  of  San  Francisco,  that  certain  lot  and 
parcel  of  land  situated  in  the  city  and  county  of  San  Francisco  and 
described  as  follows:  Commencing  at  a  point  formed  by  the  intersection 
of  the  easterly  line  of  Polk  street  with  the  northerly  line  of  Fulton 
street;  and  running  thence  northerly  along  said  easterly  line  of  Polk  street, 
one  hundred  and  twenty  feet  to  the  southerly  line  of  Ash  street;  thence  at 
a  right  angle  easterly  along  said  southerly  line  of  Ash  street  one  hundred 
feet;  thence  at  a  right  angle  southerly  one  hundred  and  twenty  feet  to 
the  said  northerly  line  of  Fulton  street;  thence  at  a  right  angle  westerly 
120 


Act  3349,  §  4  GENERAL   LAWS.  1906 

along  said  northerly  line  of  Fulton  street  one  hundred  feet  to  the  said 
easterly  line  of  Polk  street  and  point  of  eommeneement.  Being  a  por- 
tion of  Western  Addition  block  No.  4.  The  land  to  be  received  in  ex- 
change for  the  land  herein  described,  shall  be  located  in  the  vicinity 
of  the  above-described  lot  or  parcel  of  land  and  shall  be  of  equal  value 
thereto  as  may  be  determined  by  the  governor,  who  is  hereby  author- 
ized to  execute  under  the  seal  of  the  state  of  California  the  necessary 
deed  of  conveyance  therefor,  and  to  receive  from  the  city  and  county 
of  San  Francisco  a  like  deed  of  conveyance  of  the  land  to  be  exchanged. 

TITLE  434. 

SANITARY   DISTRICTS. 
ACT  3349. 

An  act  to  provide  for  the  formation,  government,  operation,  and  disso- 
lution of  sanitary  districts  in  any  part  of  the  state,  for  the  con- 
struction of  sewers,  and  other  sanitary  purposes;  the  acquisition  of 
property  thereby;  the  calling  and  conducting  of  elections  in  such  dis- 
tricts; the  assessment,  levy,  collection,  custody,  and  disbursement  of 
taxes  therein;  the  issuance  and  disposal  of  the  bonds  thereof,  anil 
the  determination  of  their  validity,  and  making  provision  for  the 
payment  of  such  bonds,  and  the  disposal  of  their  proceeds. 

[Approved  March  31,  1891.     Stats.  1891,  p.  223.] 
Amended    1893,    p.    88;    1895,    p.    85;    but    this    amendment    declared    unconsti- 
tutional   (In    re    Werner,    129    Cal.    567);    also    amended    1901,    p.    633;     1903, 
p.    121;    1905,    p.    94;    1907,    p.    83;    1909,    pp.    233,    583;    1911,    pp.    501,    706; 
1913,   p.   344. 

The  amendments  of  1911   and  1913  are  as  follows: 

Polling  places  and  officers  of  elections.  Ballot.  Officers  to  be  elected. 
Electors.  Majority  of  votes  in  favor.  Majority  against. 
§  4.  The  board  of  supervisors,  at  least  fifteen  days  prior  to  the  elec- 
tion, shall  select  one,  and  may  select  two.  polling  places  within  the  pro- 
posed district,  and  make  'all  suitable  arrangements  for  the  holding  of 
such  election.  They  must  appoint  one  inspector  and  two  judges  of  elec- 
tion in  each  polling  place,  who  shall  constitute  the  officers  of  said  elec- 
tion; if  none  are  so  appointed,  or  if  those  appointed  are  not  present  at 
the  time  of  the  opening  of  the  polls,  the  electors  present  may  appoint 
them  and  they  shall  conduct  the  election.  The  ballots  shall  contain  the 
words,  "For  a  Sanitary  District,"  or  "Against  a  Sanitary  District,"  as 
the  case  may  be,  and  also  the  names  of  the  persons  to  be  voted  for  at 
said  election.  At  such  election  there  shall  be  elected  a  sanitary  assessor 
and  five  persons  for  members  of  the  sanitary  board.  Such  election,  and 
all  subsequent  elections  in  said  district,  shall  be  conducted  as  nearly  as 
practicable  in  accordance  with  the  general  election  laws  of  the  state,  ex- 
cept that  the  provisions  of  said  laws  as  to  the  form  of  ballots  and  the 
making  of  nominations  shall  not  apply.     Fvery  qualified  elector,  resident 


1907  SANITARY  DISTRICTS.  Act  3349,  §  9 

within  the  proposed  district  for  the  period  requisite  to  enable  him  to 
vote  at  a  general  election,  shall  be  entitled  to  vote  at  the  election  above 
provided  for.  If  a  majority  of  the  votes  cast  at  such  election  shall  be  in 
favor  of  a  sanitary  district,  the  board  of  supervisors  shall  make  and  cause 
to  be  entered  in  the  minutes  of  said  board  an  order  that  a  sanitary  dis- 
trict of  the  name  and  with  the  boundaries  stated  in  the  petition  (setting 
forth  such  boundaries)  has  been  duly  established,  and  said  order  shall  be 
conclusive  evidence  of  the  fact  and  regularity  of  all  prior  proceedings  of 
every  kind  and  nature  provided  for  by  this  act  or  by  law,  and  of  the 
existence  and  validity  of  the  sanitary  district.  If  a  majority  of  the  votes 
cast  shall  be  against  a  sanitary  district,  the  board  shall  by  order  entered 
in  its  minutes,  so  declare;  no  other  proceeding  shall  be  taken  in  relation 
thereto  until  the  expiration  of  one  j'ear  from  the  date  of  the  presentation 
of  the  petition  to  said  board.  [Amendment  approved  March  25,  1911; 
Stats.  1911,  p.  501.] 

Election  of  members  of  sanitary  board.  Organization  of  board.  Elec- 
tions, when  held.  Polls.  Election  board.  Electors.  Canvass  of 
votes. 
§  9,,  There  shall  be  an  election  for  two  members  of  the  sanitary  board 
in  every  even-numbered  year,  beginning  with  the  second  even-numbered 
year  after  the  election  at  which  the  district  was  organized,  and  the  two 
members  then  to  be  elected  shall  hold  office  until  the  election  and  quali- 
fication of  their  successors  in  the  next  even-numbered  year;  and  there 
shall  be  an  election  for  three  members  of  the  sanitary  board  in  every  odd- 
numbered  year,  beginning  with  the  second  odd-numbered  year,  after  the 
election  at  which  the  district  was  organized,  and  the  three  members  then 
to  be  elected  shall  hold  office  until  the  election  and  qualification  of  their 
successors  in  the  next  odd-numbered  year.  The  five  members  elected  at 
the  election  at  which  the  district  was  organized  shall,  at  their  first  meet- 
ing, or  as  soon  thereafter  as  may  be  practicable,  so  classify  themselves, 
by  lot,  that  two  of  them  shall  go  out  of  office  in  the  second  even-num- 
bered year  after  the  election  at  which  the  district  was  organized,  and 
upon  the  election  and  qualification  of  their  successors,  as  provided  by  this 
act.  The  members  of  the  sanitary  board  shall  receive  no  compensation 
whatever,  either  for  general  or  special  services.  All  elections  for  officers^ 
after  the  formation  of  the  district  shall  be  held  on  the  first  Monday  after 
the  first  Tuesday  in  the  month  of  March.  Not  less  than  twenty  days 
before  the  day  of  such  election  the  sanitary  board  must  give  notice  of 
said  election  by  posting  notice  thereof  in  three  public  places  in  the  sani- 
tary district,  which  notices  must  specify  the  time  and  place  of  election, 
the  hours  during  which  the  polls  will  be' kept  open,  and  the  officers  to  be 
elected.  They  shall  select  one,  and  may  select  two  polling-places  within 
the  district;  shall  appoint  one  inspector  and  two  judges  of  election  in 
each  polling-place,  and  make  all  necessary  and  proper  arrangements  for 
holding  the  election.  Said  election  officers  shall  constitute  the  election 
board.     If  no  election  officers  are  so  appointed,  or  if  those  appointed  are 


Act  3349,  §  21  GENERAL   LAWS.  1908 

not  present  at  the  time  of  the  opening  of  the  polls,  the  electorg  present 
may  ajipoint  them  and  they  shall  coiidu'-t  the  election.  Such  election 
shall  Vie  conducted  as  nearly  as  practicable  in  accordance  with  the  general 
election  laws  of  the  state,  except  that  the  requirements  of  said  laws  as  to 
the  form  of  ballots  and  the  making  of  nominations  o^  candidates  shall 
not  appl}'.  Every  qualified  elector  resilient  within  the  district  for  the 
period  requisite  to  enable  him  to  vote  at  a  general  election,  shall  be  en- 
titled to  vote  at  the  election.  At  such  election  the  last  great  register 
of  the  county  shall  be  used,  and  any  elector  whose  name  is  not  upon  such 
great  register  shall  be  entitled  to  vote  ujion  producing  and  filing  with 
fhe  boar(l  of  election  a  certificate,  under  the  hand  and  seal  of  the  county 
clerk,  showing  that  his  name  is  registered  and  uncanceled  upon  the  great 
register  of  such  county;  provided,  that  he  is  otherwise  entitled  to  vote. 
The  officers  of  the  election  must  publicly  canvass  the  votes  immediately 
after  the  closing  of  the  palls,  and  must  certify  the  result  within  twenty- 
four  hours  after  the  closing  of  the  polls  to  the  sanitary  board.  Said 
board  shall  within  five  days  after  the  day  of  election  canvass  said  re- 
turns, and  shall  make,  sign  and  deliver  certificates  of  election  to  the 
person  or  persons  elected.  [Amendment  approved  March  25,  1911;  Stats. 
1911,  p.  .502.] 

Dissolution  of  sanitary  districts. 

§  21.  The  district  may  at  any  time  be  dissolved  upon  the  vote  of 
two-thirds  of  the  qualified  electors  thereof,  upon  an  election  called  by 
the  sanitary  board  upon  the  question  of  dissolution.  Such  election  shall 
be  called  and  conducted  in  the  same  manner  as  other  elections  of  the 
distri^?t.  Upon  such  or  any  other  dissolution  the  property  of  the  dis- 
trict shall  vest  in  any  incorporated  city  or  town  that  may  at  said  time 
be  iu  occupation  of  a  considerable  portion  of  the  territory  of  the  district, 
and  if  there  be  no  such  incorporated  city  or  town  then  the  property  shall 
be  vested  in  the  board  of  supervisors  of  the  county  until  the  formation 
of  such  a  city  or  town;  provided,  however,  that  if  at  the  time  of  such 
election  to  dissolve  such  district  there  be  any  outstanding  bonded  in- 
debtedness of  such  district,  then,  in  such  event,  the  vote  to  dissolve  such 
district  sliall  dissolve  the  same  for  all  purposes  excepting  only  the  levy 
and  collection  of  taxes  for  the  payment  of  such  indebtedness;  and  from 
'the  time  such  district  is  thus  or  otherwise  d'ssolved  until  such  bonded 
iiulrbtednoss,  with  the  interest  thereon,  is  fully  paid,  satisfied,  and  dis- 
charged, the  legislative  authority  of  said  incorporated  city  or  town,  or 
the  board  of  supervisors,  if  there  be  no  such  incorporated  city  or  town, 
is  hereby  constituted  ex  officio  the  sanitary  board  of  such  .district.  And 
it  is  hereby  made  obligatory  upon  such  board  to  levy  such  taxes  and  per- 
form such  other  acts  as  may  be  necessary  iu  order  to  raise  money  for  tlie 
payment  of  such  indebtedness  and  the  interest  thereon,  as  herein  pro 
vided;  and  said  board  shall  maintain  the  sewer  system  installed  in  proper 
condition  and  shall  fulfill  and  compel  fulfillment  of  any  and  all  contracts 
Diaile   by   the   sanitary   district   for   the   riglit   of  connections   made   with 


1909  SANITARY  DISTRICTS.  Act  3349,  §  221/^ 

jiroperty  lying  outside  of  the  boundaries  of  said  district;  and  shall  main- 
tain and  protect  all  other  rights  acquired  by  the  district;  provided,  that 
all  moneys  received  shall  be  placed  in  the  bond  and  interest  fund  or  be 
used  for  making  extensions  within  the  boundaries  of  said  sanitary  dis- 
trict; and  shall  not  permit  connection  to  be  made  with  the  system  in- 
stalled by  any  property  outside  of  the  boundaries  of  said  sanitary  district 
existing  "at  tlie  time  of  dissolution,  unless  the  owner  of  such  property  shall 
agree  to  pay  annually  from  the  time  of  connection  made  the  property's 
[►ro  rata  of  the  tax  levied  to  pay  off  any  existing  bonded  indebtedness  as 
though  the  property  affected  were  within  the  boundaries  of  said  sanitary 
district  at  the  time  of  dissolution.  [Amendment  approved  April  7,  1911; 
Stats.  1911,  p.  706.] 

Alteration  of  boundaries.  Petition.  Bond.  Election.  Two-thirds  vote. 
Taxation.  Bonds.  Election.  Denomination.  Sale.  Fund.  Pay- 
ment.    Action  to  determine  validity. 

§  22^.  The  boundaries  of  any  sanitary  district  may  be  altered,  and 
outlying  contiguous  territory  in  the  same  county  as  such  sanitary  dis- 
trict annexed  thereto   in  the   manner   following: 

A  petition  signed  by  the  owner  or  owners  representing  more  than 
one-half  of  the  assessed  valuation  of  such  contiguous  territory  proposed 
to  be  annexed  as  shown  by  the  last  equalized  assessment-book  of  the 
county  in  which  said  sanitary  district  is  situated,  designating  specifically 
the  boundaries  of  such  contiguous  territory  proposed  to  be  annexed,  and 
the  assessed  valuation  thereof  as  shown  by  said  last  equalized  assessment- 
book,  and  stating  that  such  territory  is  not  within  the  limits  of  any 
other  sanitary  district,  and  asking  that  such  territory  be  annexed  to  said 
sanitary  district,  shall  be  presented  to  the  sanitary  board  thereof, 
together  with  a  duly  executed  bond  for  the  sum  of  not  less  than  one 
hundred  dollars,  to  be  approved  by  said  sanitary  board  and  filed  with 
the  county  treasurer  as  security  for  the  payment  by  said  petitioners  of 
the  reasonable  costs  of  the  election  hereinafter  provided  for,  in  the 
event  that  at  said  election  less  than  two-thirds  of  the  votes  cast  are  in 
favor  of  the  annexation  of  the  proposed  territory  to  the  sanitary  dis- 
trict. 

When  such  petition  is  presented  and  a  bond  approved  and  filed  as 
above  provided  for,  the  sanitary  board  must  within  thirty  days  there- 
after order  that  an  election  be  held  for  the  purpose  of  determining 
whether  or  not  such  proposed  territory  shall  be  annexed.  The  order 
must  fix  the  day  of  such  election,  which  must  be  within  sixty  days  from 
the  date  of  the  order,  and  must  show  the  boundaries  of  the  proposed 
district.  This  order  shall  be  entered  in  the  minutes  of  the  sanitary  board 
and  shall  be  conclusive  evidence  of  the  due  presentation  of  a  proper  peti- 
tion, and  of  tlie  fact  that  each  of  the  petitioners  was  at  the  time  of 
the  signing  of  the  petition  and  the  presentation  thereof  a  resident  and 
freeholder  within  the  limits  of  the  proposed  district  to  be  annexed. 

A  copy  of  such  order  shall  be  posted  for  four  successive  weeks  prior 
to  the  election,  in  three  public  places  within  the  proposed  district,  and 


Act  3349,  §  2214  GENERAL   LAWS.  1910 

shall  be  published  for  four  successive  weeks  prior  to  the  election  in  some 
newspaper  published  in  the  district,  if  there  be  one,  and  if  not,  in  some 
newspaper  published  in  the  county.  It  shall  be  sufficient  if  the  order 
be  published  once  a  week.  At  any  time  prior  to  the  day  fixed  for  the 
election,  the  board  shall  select  one  and  may  select  two  polling  places 
within  the  sanitary  district,  appoint  oflBcers  of  election,  and  make  all 
necessary  and  proper  arrangements  for  holding  the  election.  The  ticket 
shall  contain  the  words,  "For  Annexation  to  the  Sanitary  District,"  and 
"Against  Annexation  to  the  Sanitary  District."  The  election  shall  be 
conducted  in  accordance  with  the  general  election  laws  of  the  state,  so 
far  as  the  same  shall  be  applicable,  except  as  herein  otherwise  provided. 
Every  qualified  elector  resident  within  the  district  for  the  length  of 
time  necessary  to  enable  him  to  vote  at  a  general  election  shall  be 
entitled  to  vote  at  the  election  above  provided  for.  After  the  votes  shall 
have  been  announced  the  ballots  shall  be  sealed  up  and  delivered  to  the 
secretary  or  president  of  the  sanitary  board  which  shall,  as  soon  as  prac- 
ticable, proceed  to  canvass  the  same,  and  shall  enter  the  result  upon  the 
minutes.  Such  entry  shall  be  conclusive  evidence  of  the  fact  and  regu- 
larity of  all  prior  proceedings  of  every  kind  and  nature  provided  by  this 
act  or  by  law,  and  of  the  facts  stated  in  such  entry.  If  at  said  elec- 
tion less  than  two-thirds  of  the  votes  cast  be  in  favor  of  the  annexa- 
tion of  the  proposed  territory  to  the  sanitary  district  the  signers  of  said 
petition  shall,  within  ten  days  after  canvassing  of  the  votes  of  said 
election,  pay  to  the  sanitarj*  board  a  sum  of  money  covering  the  reason- 
able costs  of  said  election,  and  if  said  sum  of  money  is  not  so  paid 
within  ten  days  as  aforesaid,  the  sanitary  board  shall  have  the  right  of 
action  under  said  bond  to  recover  the  reasonable  costs  of  said  election, 
and  the  sanitary  board  shall,  by  order  disapprove  said  petition  and  enter 
the  same  in  the  minutes  of  said  board  and  no  other  proceedings  shall 
be  taken  in  relation  thereto  until  the  expiration  of  one  year  from  the 
presentation  of  said  petition  except  to  collect  the  costs  of  said  election 
as  herein  provided,  and  if,  at  such  election,  two-thirds  of  the  votes 
cast  be  in  favor  of  the  annexation  of  the  proposed  territory-  to  the 
sanitary  district,  the  sanitary  board  shall  pay  the  expenses  of  said  elftc- 
tion  from  the  proper  funds  of  the  sanitary  district  and  shall  make  and 
cause  to  be  entered  in  the  minutes  of  said  board  and  indorsed  on  sai<l 
petition  an  order  approving  said  petition,  and  said  petition  shall  there- 
upon be  transmitted  to  and  filed  with  the  board  of  supervisors  of  the 
county  in  which  such  sanitary  district  is  situated.  Said  board  of 
supervisors,  at  its  next  regular  meeting  after  the  filing  of  said  petition, 
shall  by  an  order  alter  the  boundaries  of  said  sanitary  district  and  annox 
thereto  the  contiguous  territory  described  in  said  petition.  Such  ord>  r 
shall  be  conclusive  evidence  of  the  validity  of  all  prior  proceedinji^ 
leading  to  such  annexation  and  recited  in  said  order,  and  from  and  aft<  : 
the  same  such  territory  shall  become  and  be  a  part  of  such  sanitary 
district.  The  property  within  such  territory  so  annexed  shall  be  taxoi. 
together  with  the  remainder  of  said  district,  to  pay  its  proportion  of  the 


1911  SANITARY  DISTRICTS.  Act  3349,  §  221/2 

unpaid  bonded  or  other  indebtedness  of  such  sanitary  district  existing 
at  the  time  of  such  annexation  incurred  for  the  cost  of  construction, 
estimated  as  hereafter  provided,  of  main  sewers  already  constructed  in 
said  district,  and  also  to  pay  the  running  expenses  of  said  district. 
The  engineer  of  such  district  shall,  when  required  by  the  sanitary  board 
thereof,  estimate  the  unpaid  cost  of  construction  of  all  main  sewers, 
already  constructed  in  said  district  at  the  time  of  such  annexation,  and 
such  estimate  when  approved  by  the  sanitary  board  shall  be  final  and 
conclusive  and  shall  be  the  basis  upon  which  said  sanitary  baard  shall 
tax  said  annexed  territory. 

At  any  time  after  the  annexation  of  such  contiguous  territory  the 
sanitary'board  may,  by  an  order  entered  in  the  minutes,  call  an  election 
within  "such  annexed  territory  for  the  purpose  of  determining  whether 
bonds  shall  be  issued  for  the  construction  of  sewers  therein.  Such  order 
shall  fix  the  day  of  the  election  and  shall  specify  the  amount  of  money 
to  be  raised,  and  shall  state  in  general  terms  the  purposes  for  which  it  is 
to  be  raised.  A  copy  of  such  order  shall  be  posted  for  four  successive 
weeks  prior  to  the  election  in  at  least  three  public  places  within  such 
annexed  territory  in  said  district,  and  shall  be  published  for  four  suc- 
cessive weeks  prior  to  the  election  in  some  newspaper  published  within 
the  district,  if  there  be  one,  and  if  not,  in  some  newspaper  published  in 
the  county.     It  shall  be  sufficient  if  the  order  be  published  once  a  week. 

At  any  time  prior  to  the  day  fixed  for  the  election  the  board  shall 
select  one  polling  place  within'  said  annexed  territory,  appoint  officers 
of  election  therein,  and  make  all  necessary  and  proper  arrangements  for 
holding  the  election.  The  tickets  shall  contain  the  words,  "For  the  issu- 
ance of  bonds  as  proposed  by  the  sanitary  board,"  or  "Against  the  issu- 
ance of  bonds  as  proposed  by  the  sanitary  board." 

The  election  shall  be  conducted  in  accordance  with  the  general  election 
laws  of  the  state  so  far  as  the  same  shall  be  practicable,  except  as 
herein  otherwise  provided. 

Every  qualified  elector,  resident  within  such  annexed  territory  for  the 
length  of  time  necessary  to  enable  him  to  vote  at  a  general  election, 
shall  be   entitled  to  vote   at  the   election   above   provided   for. 

After  the  votes  shall  have  been  announced  the  ballots  shall  be  sealed 
up  and  delivered  to  the  secretary  or  president  of  the  sanitary  board, 
which  shall,  as  soon  as  practicable,  proceed  to  canvass  the  same,  and 
shall  enter  the  result  on  its  minutes.  Such  entry  shall  be  conclusive  evi- 
dence of  the  fact  and  regularity  of  all  the  prior  proceedings  of  every 
kind  and  nature  provided  by  this  act  or  by  law,  and  of  the  facts  stated 
in  such  entry,  and  if  at  such  election  two-thirds  of  the  votes  cast  be 
in  favor  of  the  issuance  of  bonds  as  proposed  by  the  sanitary  board, 
the  said  board  shall  thenceforth  have  full  power  and  authority  to  issue 
and  dispose  "of  bonds  as  proposed  in  the  order  calling  the  election. 

All  bonds  so  issued  shall  be  of  such  denomination  as  the  sanitary 
board  may  determine,  except  that  no  bonds  shall  be  of  a  less  denomina- 
tion than  one  hundred  dollars,  nor  of  a  greater  denomination  than   one 


Act  3349,  §  221/2  GENERAL   LAWS.  1912 

thousand  dollars.  Such  bonds  shall  be  payable  in  gold  coin  of  the  Fnited 
States  at  the  office  of  the  county  treasurer  of  the  county  wherein  said 
district  is  situated  and  shall  bear  interest  at  a  rate  not  exceeding  five 
per  centum  per  annum,  which  interest  shall  be  payable  semi-annually  in 
like  gold  coin.  Not  less  than  one-twentieth  part  of  the  total  issue  of 
bonds  shall  Ue  payable  each  year  on  a  day  to  be  specified  by  the  sanitary 
board,  but  no  bond  shall  be  payal)le  in  installiiicutji,  but  each  bond  issued 
hereunder  shall  be  payable  in  full  on  the  date  specified  therefor  by  said 
board.  Each  bond  shall  be  signed  bj"  the  president  and  countersigned 
by  the  secretary  of  the  sanitary  board,  and  said  bonds  shall  be  uuni 
Vjered  consecutively  beginning  with  number  one,  and  shall  have  coupons 
attached  referring  to  the  number  of  the  bond  to  which  they  are  attached, 
which  coupons  shall  be  signed  by  the  president  and  countersigned  by  the 
secretary  of  said  board. 

The  bonds  must  be  disposed  of  by  the  sanitary  board  in  such  nnan 
nor  and  in  such  quantities  as  may  be  determined  by  such  board  in  its- 
discretion,  but  no  bond  must  bo  disjioseH  of  for  less  than  its  face  value. 

The  proceeds  of  such  sale  shall  be  do|)osited  with  the  county  treasurer 
and  shall  be  by  him  placed  in  the  fund  to  be  called  "the  sewer  construc- 
tion fund  of  annexed  territory  of  ,  sanitary  district"   (naming  it). 

The  money  in  such  fund  shall  be  used  for  the  purposes  indicated  in  tlu 
order  calling  the  election  upon  the  question  of  the  issuance  of  the  bonds, 
and  for  no  other  purpose;  provided,  that  if  after  such  purposes  are 
entireh'  fulfilled  aiiy  balance  remains  in  such  funds,  such  balance  may 
by  the  order  of  the  sanitary  board  be  transferred  to  the  "bond,  interest 
and  redemption  fund"  for  the  rcilemption  of  bonds  and  the  payment  of 
interest  thereon,  issued  under  the  provisions  of  this  section. 

ff  the  result  of  the  election  be  against  the  issuance  of  bonds  no  other 
election  upon  the  question  shall  be  called  or  held  for  a  period  of  one 
year. 

It  is  hereby  made  the  duty  of  the  sanitary  board  to  levy  each  year 
ii])iin  the  ]iro|)erty  within  the  said  annexed  territory  a  sufficient  tax  to 
])ay  off  the  interest  accruing  upon  said  bonds  for  the  respective  year 
as  each  falls  due,  and  also  to  i>ay  at  least  one-twentieth  of  the  principal 
of  said  bonds  so  that  the  entire  amount  of  the  principal  and  interest  of 
said  bunds  shall  be  paid  within  twenty  years  from  the  date  of  the  issu 
ance  of  said  bonds;  and  it  is  hereby  made  the  duty  of  the  tax  collector, 
or  such  other  person  as  may  be  charged  with  the  duty  of  collecting  the 
sanitary  district  taxes,  to  collect  the  tax  so  to  be  levied,  and  the  dut\ 
of  the  sanitary  board  to  order  the  same  i)aid  in  manner  and  form  as 
provided  by  this  act,  and  the  duty  of  the  county  treasurer  to  pay  the 
same.  If,  for  any  reason,  any  portion  of  the  tax  for  any  year  remains 
unpaid,  and  in  consequence  thereof  any  portion  of  the  interest  or  prin 
cipal  due  for  any  year  remains  unpaid,  the  same  shall  be  added  to  and 
levied  for  the  next  year,  and  be  collected  and  paid  accordingly. 

The  payment  of  the  whole  amount  of  the  principal  and  interest  of 
all  of  said  bonds,  within  twenty  years  from   their   issuance,  is  hereby  made 


1913  SAN  JOAQUIN  RIVER.  Act  3372,  §  1 

the  imperative  duty  of  tlie  aunexed  territory;  and,  if  necessary  for  that 
purpose,  a  special  tax  shall  be  levied  by  the  sanitary  board  on  the  prop- 
erty situate  in  said  annexed  territory;  and  it  is  hereby  made  the  duty 
of  every  officer  and  board  to  do  his  respective  part  toward  the  levy, 
collection  and  payment  of  such  tax;  and  mandamus  shall  issue  from  the 
sui)erior  court  of  the  county  in  which  the  district  is  situated,  or  from 
any  other  competent  court  upon  the  application  of  any  party  interested 
for  the  purpose  of  compelling  the  performance  of  the  duty  imposed  by 
this  act  upon  any  and  all  boards  and  officers. 

If  the  result  of  any  election  upon  the  question  of  the  issuance  of 
bonds  for  such  annexed  territory  be  in  favor  of  such  issuance,  the  sani- 
tary board  may,  in  their  discretion,  before  such  issuance,  commence  in 
the  superior  court  of  the  county  a  special  proceeding  to  determine  their 
right  to  issue  such  bonds  and  the  validity  thereof,  similar  to  the  pro- 
ceedings in  relation  to  irrigation  bonds  provided  for  by  an  act  entitled, 
"An  act  supplemental  to  'An  act  to  provide  for  the  organization  and 
government  of  irrigation  districts,  and  to  provide  for  the  acquisition  of 
water  and  other  property,  and  for  the  distribution  of  water  thereby  for 
irrigation  purposes,'  approved  March  7,  18S7,  and  to  provide  for  the  ex- 
amination, approval,  and  confirmation  of  proceedings  for  the  issue  and  sale 
of  bonds  issued  under  the  provisions  of  said  act,"  and  all  the  provisions  of 
said  act  shall  apply  to  and  govern  the  proceedings  so  to  be  commenced  by 
the  sanitary  board,  so  far  as  the  same  are  applicable;  and  said  proceedings 
shall  be  in  accordance  with  the  provisions  of  said  act  so  far  as  the  same 
are  applicable,  and  the  judgment  in  such  proceedings  shall  have  the  same 
eifect  as  a  judgment  in  relation  to  irrigation  bonds  under  the  provisions 
of  said  act.  [Amendment  approved  May  29,  1913;  Stats.  1913,  p.  344.] 
Citations.      Cal.   158/453,    454,    455,    459,    460. 

TITLE  436. 

SAN  JOAQUIN  RIVER. 
ACT  3372. 

An  act  providing  for  the  acquisition  by  the  state  of  California  for  the 
United  States  of  America  of  the  right  of  way  for  cut  offs  in  rectifica- 
tion and  improvement  of  the  San  Joaquin  river,  and  appropriating 
fifteen  thousand  dollars  for  said  purpose. 

[Approved  April  25,  1911.     Stats.  1911,  p.  1109.] 

Appropriation:  Right  of  way  for  cut-offs  of  San  Joaquin  river. 

§  1.  From  any  funds  in  the  state  treasury  not  otherwise  appropriated, 
the  sum  of  fifteen  thousand  dollars  or  so  much  thereof  as  may  be  neces- 
sary, there  is  hereby  appropriated  for  the  purpose  of  effectuating  the 
conveyance  by  the  present  owners  directly  to  the  United  States  of 
America  of  the  right  of  way  for  cut-offs  or  channels  in  rectification  and 
improvement  of   the   channel  and  navigation   of  the   San  Joaquin  river. 


Acts  3375-3446 


GENERAL  LAWS. 


1914 


such  cut-offs  or  channels  being  shown  in  and  on  house  document  No.  1124, 
sixtieth  Congress,  second  session. 

Governor  to  purchase. 

§  2.  The  governor  of  the  state  of  California  is  hereby  authorized  to 
take  and  make  such  purchases,  sales  and  conveyances  of  land  as  shall  be 
necessary  or  convenicnL  to  the  end  of  effectuating  the  aforesaid  direct 
conveyance  of  such  right  of  way  to  the  United  States  of  America,  and 
the  immediate  return  to  the  treasury  of  the  state  of  California  of  the 
proceeds  of  the  sale  of  any  lands  by  him  necessarily  bought  and  there- 
after sold  on  behalf  of  the  state  of  California  in  the  effectuation  of  the 
aforesaid  purpose  of  acquiring  said  right  of  way  for  the  United  States 
of  America;  jjrovided,  that  all  and  singular  the  said  purchases  and  sales 
and  all  expenditures  on  account  thereof  be  approved  or  audited  by  the 
state  board  of  examiners. 

Controller  authorized  to  draw  warrants. 

§  3.  The  controller  of  state  is  hereby  authorized  and  directed  to  draw 
his  warrant  in  favor  of  the  governor  of  the  state  of  California  for  the 
amount  herein  made  payable  as  provided  herein  and  for  the  purposes 
hereof  and  the  state  treasurer  is  hereby  directed  to  pay  the  same. 

TITLE  437. 

SAN  JOSE. 
ACT  3375. 

Citations.      Ctl.   157/319.      App.   8/235,    236;    13/431. 

TITLE  441. 

SAN  LUIS  OBISPO  CITY. 
ACT  3417. 

Charter  of.     [Stats.  1911,  p.  1699.] 
Amended    1913     (Stats.    1913,    p.    1167). 

ACT  3425. 

Citations.      App.   13/443. 

TITLE  443. 
SAN   K  A  FA  EL. 
A.CT  3446, 

Charter    of.     [Adopted   by   voters    November    30,    1912;    ratified   by   the 
legislature,  1913.     Stats.  1913,  p.  1549.J 


1915  SCHOOLS.  Acts  3449-3537a 

TITLE  444. 
SANTA  BARBARA  CITY. 
ACT  3449. 

Charter  of.  [Stats.  1899,  p.  449.] 
Amended  1905,  p.  929;  1909,  p.  1149;  1911,  p.  1478. 
Citations.      Cal.   156/209. 

TITLE  448. 

SANTA  CRUZ  CITY. 
ACT  3504. 

Citations.     Cal.   163/542. 

ACT  3505. 

Citations.      (§  2)  Cal.  163/543,  544,  548,  549. 

ACT  3507. 


Charter  of.     [Stats.  1911,  p.  1861.] 

TITLE  450. 
SANTA  MONICA. 


ACT  3526. 

Charter  of.      [Stats.  1907,  p.  1007.] 

This   reference   is    incorporated   here   as   it   was    omitted   by   mistake   from   the 
General    Laws    of    1909. 

Citations.      Cal.   162/425.      App.   13/277. 

TITLE  451. 

SANTA  ROSA. 
ACT  3529. 

Citations.      Csl.   157/319.     App.  9/780. 

TITLE  452. 

SCHOOLS. 
ACT  3537a, 

An  act  to  validate  the  consolidation  of  certain  school  districts  into  one 
school  district,  and  validate  and  approve  certain  bonds  authorized  by 
such  school  districts. 

[Approved  March  1,  1911.     Stats.  1911,  p.  260.] 

Consolidation  of  school  districts. 

§  1.  AVherever,  in  any  i?ity  in  which  there  had  theretofore  existed  two 
or  more  school  districts,  the  business  and  affairs  of  such  several  districts 
have  been  conducted  together  as  one  district  under  a  common  name  for' 
a  period  of  one  year  or  more  prior  to  the  adoption  of  this  act,  such  at- 


Acts  3537b,  3553a  general  laws.  1916 

tempted  consolidation  of  the  said  several  school  districts  into  one  school 
district  is  hereby  approved,  ratified  and  validated;  and  it  is  further 
hereby  declared  that  the  consolidation  of  said  several  school  districts  into 
one  school  district  was  effected  by  such  action,  and  that  such  school  dis 
trict  has  existed  as  a  legal  school  district  from  the  date  on  which  the 
business  and  affairs  of  said  several  school  flistriets  have  been  conducted 
as  one  district  under  such  common  name.  And  it  is  further  provided  that 
wherever  the  board  of  supervisors  of  the  county  in  which  any  such  city 
is  situated  has  directed,  or  shall  hereafter  direct,  that  bonds  of  any  such 
school  district  Vjc  issued  pursuant  to  any  election  theretofore  held  in  such 
district  in  accordance  with  the  law  pnividiug  for  the  holding  of  elections 
in  school  districts,  such  action  of  such  board  of  supervisors  is  hereby 
validated  and  approved,  and  all  bonds  issued  pursuant  to  such  order  are 
hereby  declared  valid  and  binding  obligations  of  such  school  district  from 
the  date  of  their  issuance,  whether  the  same  were  issued  prior  to  the 
passage  of  this  act,  or  shall  be  issued  hereafter.- 

§  2.     This  act  shall  take  effect  from  and  after  its  adoption, 

ACT  3537b. 

An   act   confirming  and   validating   the   organization   of   school   districts. 
[Approved  .Tune  1,   1913.     Stats.   I<n3,  p.  361.] 

School  districts  validated. 

§  1.  Where  the  board  of  stipcrvisors  of  any  county  have  purported 
to  establish  a  school  district  situated  within  such  county  and  such  dis- 
trict has  acted  as  a  school  district  for  a  period  of  one  year  previous  to 
the  taking  effect  of  this  act,  all  acts  and  proceedings  taken  for  the  pur- 
pose of  creating  such  district  arc  hereby  legalized,  validated  and  de- 
clared to  be  sufficient,  and  such  school  district  is  hereby  declared  to  be 
duly  incorporated  and  as  such  school  distrirt  under  its  Rpprojiriate  name 
shall  have  all  the  rights  and  priviloges  and  be  subject  to  all  of  the  duties 
and  obligations  of  a  duly  incorporated  school  district. 

ACT  3550. 

Citations.     App.   11/213. 

ACT  3553a. 

An  act  establishing  a  state  normal  school  in  Humboldt  county,  state  of 
California,   to   be   known   as   "Muml>oMt   State    Normal   School,"   and 
making  an  appropriation  for  the  maintenance  of  said  school. 
[Ai.proved  .June  Ifi.  1913.     Stats.  1913,  p.  1133.] 

Humboldt  normal  school  established. 

§  1.  There  shall  be  established  in  Humboldt  county,  state  of  Cali- 
fornia, a  state  normal  school  to  be  called  the  '"Humboldt  State  Normal 
School,"  for  the  training  and  education  of  teachers  and  others  in  the  art 


1917  SCHOOLS.  [Act  3554a 

of  instructing  and  governing  the  public  schools  of  this  state,  the  course 
of  study  prescribed  for  use  in  said  school  to  include  agriculture  and 
manual  training;  said  school  to  be  located  at  such  place  in  said  county 
as  the  board  of  trustees  hereinafter  provided  for  shall  select. 

Board  of  trustees. 

§  2.  The  governor  shall  within  thirty  days  after  this  act  becomes 
effective,  appoint  five  persons,  one  for  one  3'ear,  one  for  two  years,  one 
for  three  years  and  two  for  four  years,  the  successors  of  each  to  be  ap- 
pointed for  four  years  tiieroafter,  and  the  persons  so  appointed,  with  the 
governor  and  state  superintendent  of  public  instruction,  shall  constitute 
the  board  of  trustees  of  said  normal  school. 

Duties. 

§  3.  The  said  trustees  shall  after  their  appointment  and  within  sixty 
days  after  a  building  therefor  shall  have  been  provided  as  hereinafter 
required,  establish  and  cause  to  be  opened  and  carried  on  said  normal 
school  at  said  place  so  selected  by  said  board  of  trustees,  and  shall  pro- 
vide suitable  furniture  and  equipment  for  the  same,  and  may  accept  from 
the  county  of  Humboldt,  or  from  the  board  of  education  thereof,  or  from 
any  incorporated  city,  town  or  municipality  in  said  county,  or  any  board 
of  education  of  any  such  city,  town  or  municipality,  or  from  any  person 
or  persons  a  lease  of  suitable  building  or  buildings  and  grounds  free  of 
charge,  for  the  use  of  said  school. 

Appropriation. 

§  4.  The  sum  of  ten  thousand  dollars  is  hereby  appropriated  out  of 
any  money  in  the  state  treasury  not  otherwise  appropriated  for  establish- 
ing and  maintaining  said  state  normal  school,  and  providing  suitable 
accommodations  therefor. 

When  available. 

§  5.  The  money  hereby  appropriated  shall  be  made  available  and  pay- 
aVtle  according  to  law  out  of  the  state  treasury  as  follows:  No  portion 
thereof  shall  be  available  until  a  two-year  lease,  free  of  charge,  and 
acceptable  to  said  board  of  trustees,  of  a  suitable  building  or  buildings 
and  grounds  for  the  use  of  said  school,  shall  have  been  executed  and  de- 
livered by  some  of  those  from  whom,  under  section  3,  said  board  of  trus- 
tees is  authorized  to  accept  such  lease,  to  said  board  of  trustees.  After 
the  execution  and  delivery  of  such  lease,  not  more  than  five  thousand 
dollars  of  said  amount  shall  be  available  in  the  sixty-fifth  fiscal  year  and 
the  remainder  thereof  shall  be  available  the  following  fiscal  year. 

ACT  3554a. 

An  act  to  authorize  and  empower  the  board  of  trustees  of  the  state 
normal  school  at  Los  Angeles  to  sell  and  convey  the  lands  and  build- 
ings of  said  school,  and  from  the  proceeds  of  said  sale  to  purchase 
and  improve  a  new  and  suitable  site  for  said  school;   to  erect  and 


Act  3554b,  §  1  GENERAL  LAWS.  1918 

construct  upon  the  site  so  purchased  buildings  and  other  structures 
and  improvements  necessary  and  proper  for  said  school;  to  purchase 
furniture,  fixtures,  apparatus,  and  other  things  necessary  for  said 
school,  and  to  rent  such  temporary  buildings  and  grounds  as  may  be 
necessary  for  the  use  of  said  school  until  the  completion  of  the  new 
school  buildings. 

[Approved  March  4,  1907.     Stats.  1907,  p.  101.] 
Amended  1-911,  Statutes  of  1911,  page  840,  as  follows: 

Los  Angeles  State  Normal  School  building  and  improvement  fund. 

§  3,  The  moneys  received  from  the  sale  of  said  lands  and  buildings 
shall  be  paid  into  the  state  treasury  and  kept  in  a  fund  to  be  called: 
"Los  Angeles  State  Normal  School  building  and  improvement  fund."  to 
the  credit  of  the  state  normal  school  at  Los  Angeles  and  said  moneys  shall 
not  be  drawn  therefrom  except  to  pay  the  costs  and  expenses  of  carry 
ing  out  the  provisions  of  this  act  and  those  incidental  thereto,  for  rent  of 
grounds  and  buildings  as  in  this  act  provided  and  for  the  construc- 
tion of  new  buildings  and  other  improvements  as  hereinafter  provided. 
[Amendment  approved  April  10,  1911;  Stats.  1911,  p.  841.] 

Trustees  to  purchase  new  site.     Appropriation. 

§  4.  The  board  of  trustees  of  the  state  normal  school  at  Los  Angeles 
is  authorized,  directed  and  empowered  to  examine  sites  and  to  selc.ct  a 
new  and  suitable  site  for  said  school  in  the  county  of  Los  Angeles  and 
to  purchase  for  and  on  behalf  of  the  state  of  California  the  necessary 
lands  therefor,  and  the  lands  so  selected  and  purchased  shall  be  and  re- 
main the  site  of  the  state  normal  school  at  Los  .\ngeles  until  otherwise 
provided  by  law.  The  sum  of  one  hundred  thousand  dollars  is  hereby 
appropriated  out  of  any  money  in  the  state  treasury  not  otherwise  appro- 
priated to  be  expended  by  said  board  of  trustees  in  the  purchase  of  a 
new  site  for  said  normal  school.  The  controller  is  hereby  authorized  and 
directed  to  draw  his  warrant  for  said  sum  of  one  hundred  thousand  dol- 
lars and  the  treasurer  is  hereby  directed  to  pay  the  same  and  place  said 
money  in  the  state  treasury  to  the  credit  of  the  aforesaid  "Los  .\ngeles 
State  Normal  School  building  and  impro\ement  fund."  Provide<l.  how- 
ever, that  if  the  site  for  said  school,  so  purchased,  shall  cost  less  than  one 
hiuKired  thousand  dollars,  the  unexpended  balance  of  said  sum  shall  be 
drawn  from  said  fund  and  expended  for  the  purposes  set  forth  in  section 
1  of  this  act.     [Amendment  approved  April  10,  1911;  Stats.  1911,  p.  841. J 

ACT  3554b. 

Au  act  appropriating  money  for  the  purchase  of  additional  land  for  the 

Los  Angeles  State  Normal  School. 

[Approved  June  6,  1913.     Stats.  1913,  p.  905.] 

Appropriation:   Additional  land,  Los  Angeles  normaL     Title.     Deeds. 

§  1.  The  sum  of  ten  thousand  dollars  ($10,0(H1),  or  so  mfich  thereof 
as  may  be   necessary,   is   hereby   appropriated   out   of   any   money   in   the 


1919  SCHOOLS.  Act  3554c,  §  1 

state  treasury  not  otherwise  appropriatefl  to  be  used  by  the  board  of 
trustees  of  the  Los  Angeles  State  Normal  School  to  purchase  additional 
land  to  become  a  part  of  the  new  state  normal  school  site  in  the  city  of 
Los  Angeles,  said  additional  land  comprising  nine  lots  with  a  combined 
frontage  of  four  hundred  fifty  (450)  feet  on  Heliotrope  drive  and  one 
hundred  twenty-five  (125)  feet  on  Willowbrook  avenue  in  the  block  of 
land  bounded  by  Monroe  and  Willowbrook  streets  and  Heliotrope  drive 
and  Vermont  avenue.  Title  to  the  land  so  purchased  shall  be  taken  in 
the  name  of  the  state  of  California  and  shall  have  the  approval  of  the 
state  attorney  general.  The  deed  or  deeds  to  the  land  shall  be  delivered 
by  the  owner  or  owners  to  said  trustees  upon  payment  of  the  purchase 
price.  Said  deed  or  deeds  shall  be  filed  in  the  office  of  the  secretary  of 
state. 

ACT  3554c. 

An  act  ratifying  and  confirming  the  proceeding  heretofore  taken  by  the 
board  of  trustees  of  the  state  normal  school  at  Los  Angeles  and  the 
Normal  Site  Company,  a  corporation,  with  reference  to  the  sale  by 
said  board  of  trustees  and  the  purchase  by  said  company  of  the  lands 
and  buildings  of  the  state  normal  school  at  Los  Angeles. 
[Approved  June  13,  1913.     Stats.  1913,  p.  8t)l.] 

Proceedings  of  Los  Angeles  normal  board  in  sale  of  land  and.  buildings 
confirmed.  Deed  authorized. 
§  1.  All  proceedings  heretofore  taken  by  the  board  of  trustees  of 
the  state  normal  school  at  Los  Angeles,  relating  to  the  sale  of  the  lands 
and  buildings  of  the  state  normal  school  at  Los  Angeles,  under  the  au- 
thority of  an  act  of  the  legislature,  entitled  "An  act  to  authorize  and 
empower  the  board  of  trustees  of  the  state  normal  school  at  Los  Angeles 
to  sell  and  convey  the  lands  and  buildings  of  said  school,  and  from  the 
proceeds  of  said  sale  to  purchase  and  improve  a  new  and  suitable  site  for 
said  school;  to  erect  and  construct  upon  the  site  so  purchased  buildings 
and  other  structures  and  improvements  necessary  and  proper  for  said 
school;  to  purchase  furniture,  fixtures,  apparatus,  and  other  things  neces- 
sary for  said  school,  and  to  rent  such  temporary  buildings  and  grounds 
as  may  be  necessary  for  the  use  «f  said  school  until  the  completion  of 
the  new  school  building,"  approved  March  4,  1907,  as  amended  April  10, 
1911,  and  all  proceedings  heretofore  taken  by  the  Normal  Site  Company, 
a  corporation  organized  and  existing  under  the  laws  of  this  state,  with 
reference  to  the  purchase  of  said  lands  and  buildings  of  the  state  normal 
school  at  Los  Angeles  at  the  purchase  price  of  six  hundred  thousand  dol- 
lars be  and  the  same  are  hereby  ratified  and  confirmed;  and  the  said 
hoard  of  trustees  of  the  state  normal  school  of  Los  Angeles  is  hereby 
authorized  to  execute  a  good  and  sufficient  deed  of  grant,  bargain  and 
sale,  conveying  title  to  said  lands  and  buildings  to  the  said  the  Normal 
Site  Company,  a  corporation,  upon  the  payment  by  said  company  to  said 


Act  3558a,  §§  1-4  general  laws.  1920 

board  of  trustees,  or  its  order,  of  the  balance  of  said  purcliase  price  of 
six  hundred  thousand  dollars. 

ACT  3558a. 

An  act  establishing  a  state  normal  school  at  Fresno,  county  of  Fresno, 
state  of  California,  and  making  an  appropriation  for  the  mainte- 
nance of  said  school. 

[Approved  April  10,  1911.     Stats.  1911,  p.  83S.] 

Fresno  State  Normal  School. 

§  1.  There  is  hereby  estab]ishe<l  in  the  county  of  Fresno,  state  of 
California,  a  school  to  be  called  the  "Fresno  State  Normal  S<'hool,"  for 
training  and  educating  teachers  in  the  art  of  instructing  and  governing 
in  the  public  schools  of  this  state;  the  course  of  study  prescribed  for  use 
in  said  school  to  include  agricultural  and  manual  training. 

Board  of  trustees. 

§  2.  The  governor,  within  thirty  days  after  the  passage  of  this  act, 
shall  appoint  five  persons,  one  for  one  year,  one  for  two  years,  one  for 
three  years,  and  two  for  four  years,  the  successor  of  each  to  be  appointed 
for  four  3'ears  thereafter,  and  the  ]>ersons  so  appointed,  with  the  gov- 
ernor and  state  superintendent  of  public  instruction,  shall  constitute  the 
board  of  trustees  of  said  Fresno  State  Normal  School,  with  full  power 
and  authority  to  select  a  site  for  the  permanent  location  of  said  state 
normal  school  in  said  county  of  Fresno.  Said  trustees  shall  examine  the 
different  sites  offered  to  be  donated  by  the  people  of  the  said  county  of 
Fresno  for  the  location  of  state  normal  school  buildings,  and  select  there- 
from a  suitable  location  for  said  state  normal  school  buildings,  and  the 
site  selected  by  them,  upon  its  conveyance  to  the  state  of  California, 
shall  be  and  remain  the  permanent  site  for  the  said  Fresno  State  Normal 
School  of  Fresno. 

Appropriation. 

§  3.  The  sum  of  twenty-five  thoiisand  dollars  is  hereby  appropriated 
out  of  any  moneys  of  the  state  not  otherwise  ajijiropriated.  for  the  main- 
tenance of  the  said  Fresno  State  Normal  School,  during  the  sixty  third 
and  sixty-fourth  fiscal  years;  provided*  that  no  money  shall  be  exjiende^l 
for  said  school  until  the  site  selected  has  been  conveyed  by  a  deed  in  fee 
simple  to  the  state  of  California. 

Opening  of  school.  . 

§  i.  The  said  board  of  trustees  shall  provide  for  the  opening  of  said 
state  normal  school  at  Fresno  on  or  before  October  1,  1911,  in  buildings 
or  rooms  to  be  furnished  by  the  board  of  education  of  the  city  of  Fresno 
free  of  cost  to  the  state  of  California,  and  the  said  hoard  shall  have  full 
power  and  authority  to  employ  suitable  teachers  for  conducting  attd 
maintaining  said  Fresno  State  Normal  School,  and  supplying  the  same 
with  necessnry  books,  stationery  and  apparatus. 


1921  SCHOOLS.  Acts  3558b-3564a 

Controller  authorized  to  draw  warrants  for  amounts  appropriated. 

§  5.  The  state  controller  is  hereby  authorized  and  directed  to  draw 
his  warrants  for  the  amount  herein  appropriated,  in  favor  of  the  ofiBcers 
authorized  by  law  to  receive  the  same,  in  such  amounts  and  at  such 
times  as  may  be  approved  by  the  state  board  of  examiners,  and  the 
treasurer  is  directed  to  pay  the  same. 

§  6.  This  act  shall  take  eifect  and  be  in  force  from  and  after  its 
passage. 

ACT  3558b. 

An  act  appropriating  money  for  the  construction  and  equipment  of  build- 
ings on  the  property  of  the  Fresno  State  Normal  School. 
[Approved  June  14,  1913.     Stats.  1913,  p.  909.] 

Appropriation:   Buildings,  Fresno  normal.     When  available. 

§  1.  The  sum  of  three  hundred  seventy  thousand  dollars  ($370,000), 
or  so  much  thereof  as  may  be  necessary,  is  hereby  appropriated  out  of 
any  money  in  the  state  treasury  not  otherwise  appropriated,  to  be  used 
in  accordance  with  law  for  the  construction  and  equipment  of  buildings 
on  the  property  of  the  Fresno  State  Normal  School.  Of  the  total  amount 
hereby  appropriated,  the  sum  of  one  hundred  eighty-five  thousand  dollars 
($185,000)  shall  be  available  for  expenditure  during  the  sixty-fifth  and 
sixty-sixth  fiscal  years,  or  during  either  of  such  years,  and  the  remaining 
one  hundred  eighty-five  thousand  dollars  ($185, 000)  shall  be  available  for 
expenditures  during  the  sixty  seventh  and  sixty-eighth  fiscal  years  or 
during  either  of  such  years. 

ACT  35e4a. 

An  act  to  provide  for  the  purchase  of  certain  California  state  text-books 
now  in  the  hands  of  the  dealers  and  providing  for  the  proper  dis- 
tribution of  such  books. 

[Approved  June  16,  1913.     Stats.  1913,  p.  951.] 

Superintendent  of  public  instruction  authorized  to  purchase  text-books 
in  hands  of  dealers. 
§  1.     The  superintendent  of  public  instruction  is  hereby  authorized  and 
empowered  to  purchase  unsold  state  text-books  now  in  the  hands  of  the 
dealers  on  the  passage  of  this  act  at  prices  not  exceeding  those  hereto- 
fore fixed  by  the  state  board  of  education  according  to  law.     Only  books 
now  under  contract  and  those  on  the  list  of  state  text-books  by  the  state 
may  be  so  purchased,  and  they  may  be  so  purchased  when  delivered  free 
at  such  point  and  to  such  agent  as  may  be  designated  by  the  superin- 
tendent  of  public   instruction.     The   claim   for  such   text-books   shall  be 
presented  on  blanks  furnished  by  the  superintendent  of  public  instruc- 
tion by  the  dealer  in  itemized  form.     Such  claim  must  be  signed  by  the 
121 


Acts  3564b,  357Q  general  laws.  1922 

dealer  and  by  the  agent  of  the  superintendent  of  public  instruction  to 
whom  such  dealer  delivered  the  books.  On  being  properly  made  out  and 
signed  it  shall  be  forwarded  to  the  superintendent  of  public  instruction 
who  if  he  approve  it  shall  forward  it  with  his  approval  to  the  state 
board  of  control.  On  the  approval  of  the  state  board  of  control  the 
claim  shall  be  transmitted  to  the  controller,  who  shall  draw  his  warrant 
against  the  state  school  book  fund  in  the  name  of  such  dealer.  The  state 
treasurer  is  hereby  directed  to  pay  such  claim. 

ACT  3564b. 

An  act  appropriating  tha  money  in  the  state  school  book  fund  for  the 
purpose  of  paying  expenses  of  publishing  and  distributing  state  text- 
books free  to  the  school  children  of  the  state  in  accordance  with  the 
constitution. 

[Approved  February  4,  1913.     Stats.  1913,  p.  11.     In  effect  immediately.] 

School  book  fund,  for  distributing  free  text-books. 

§  1.  The  money  in  the  state  school  book  fund  is  hereby  appropriated 
for  the  purpose  of  paying  expenses  of  publishing  state  textbooks  and 
distributing  the  same  free  to  the  school  children  of  the  state  in  accord- 
ance with  section  7  of  article  9  of  the  constitution.  The  expense  of 
publisliing  shall  include  the  payment  of  royalties  under  existing  con- 
tracts upon  the  basis  of  books  shipjicd  and  all  material,  labor  and  other 
expenses  necessary  to  the  mechanical  work  of  printing  and  binding  said 
books.  All  books  shall  be  printed  upon  the  order  of  the  superintendent 
of  public  instruction  and  claims  shall  be  drawn  after  being  certified  to 
by  the  superintendent  of  state  printing  as  provided  by  law.  The  expense 
of  distributing  shall  consist  of  postage,  expressage,  freight  or  other  de- 
livery, clerical  or  other  help  and  all  other  necessary  expense  connected 
with  such  distribution,  the  claims  for  the  same  to  be  presented  and  cer- 
tified to  by  either  of  the  above  state  officers  incurring  the  same,  and 
allowed  and  audited  as  provided  by  law. 

§  2.  This  act,  inasmuch  as  it  provides  for  an  appropriation  for  the 
current  expenses  of  the  state,  under  the  j^rovisions  of  section  1  of  article 
4  of  the  constitution  of  the  state  of  California,  shall  take  efTect  im- 
mediately. 

ACT  3570. 

An  act  to  create  and  administer  a  public  school  teachers'  annuity  and 
retirement  fund  in  the  several  counties,  and  cities  and  counties  of 
the  state.     [Approved  March  26,  1S95.     Stats.  1895,  p.  170.] 

Amended  1897,  p.  225;  1901,  p.  676;  1903,  p.  271;  1909,  p.  286;  1911, 
p.  130.3. 

Repealed  June  16,  1913  (Stats.  1913,  p.  1423). 
See  Act  2643,  ant«. 


1923  SCHOOLS.  Act  3574,  §  1 

ACT  3574. 

An  act  to  enforce  the  educational  rights  of  children  and  providing  penal- 
ties for  violation  of  the  act. 
[Approved  March  24,  1903.     Stats.  1903,  p.  388.] 
Amended    1905,    p.    388;    1907,    p.    95;    1911,    p.    949, 

The  amendment  of  1911  is  as  follows: 

Age  of  school  children. 

§  1.  Unless  excused,  as  hereinafter  provided,  each  parent,  guardian, 
or  other  person,  in  the  state  of  California,  having  control  or  charge  of 
any  child  between  the  ages  of  eight  and  fifteen  years,  shall  be  required 
to  send  such  child  to  a  public  school,  during  the  time  in  which  a  public 
school  shall  be  in  session,  in  the  city  or  city  and  county  or  school  district 
in  which  said  child  resides;  provided,  that  should  it  be  shown  to  the 
satisfaction  of  the  board  of  education  of  the  city  or  city  and  county,  or 
of  the  board  of  trustees  of  the  school  district,  in  which  such  child  re- 
sides, that  the  child's  bodily  or  mental  condition  is  such  as  to  prevent 
or  render  inadvisable  attendance  at  school  or  application  to  study,  a 
certificate  from  any  reputable  physician  that  the  child  is  not  able  to 
attend  school,  or  that  its  attendance  is  inadvisable,  must  be  taken  as 
satisfactory  evidence  by  any  such  board,  or  that  such  child  is  being 
taught  in  a  private  school,  or  by  a  private  tutor,  or  at  home  by  any 
person  capable  of  teaching,  in  such  branches  as  are  usually  taught  in 
the  primary  and  grammar  schools  of  this  state;  or  that  any  such  child 
between  the  age  of  twelve  and  fifteen  has  been  given  a  permit  to  work 
by  the  proper  judicial  officers  in  accordance  with  section  2  of  "An  act 
regulating  the  employment  and  hours  of  labor  of  children,  prohibiting  the 
employment  of  minors  under  certain  ages,  prohibiting  the  employment 
of  certain  illiterate  minors,  providing  for  the  enforcement  hereof  by 
the  commissioner  of  the  bureau  of  labor  statistics  and  providing  penal- 
ties for  the  violation  hereof,"  approved  February  20,  1905;  or  that  no 
public  school  is  located  within  two  miles,  by  the  nearest  traveled  road, 
of  the  residence  of  the  child:  or  that  the  child  has  completed  the  pre- 
scribed grammar  school  course;  then  it  shall  be  the  duty  of  such  board 
of  education  or  board  of  trustees,  upon  application  of  the  parent,  or 
guardian,  or  other  person  having  control  or  charge  of  such  child,  to 
excuse  such  child  from  attendance  at  school,  during  the  continuance  of 
such  defect  or  condition  upon  which  such  excuse  is  granted;  and  pro- 
vided, further,  that  circumstances  rendering  attendance  impracticable  or 
dangerous  to  health,  owing  to  unusual  storm  or  other  sufficient  cause, 
shall  work  an  exemption  from  the  penalties  of  this  act.  If  any  parent 
or  guardiaH  or  other  person  having  control  or  charge  of  any  such  child 
presents  proof  to  such  board  of  education  or  board  of  trustees,  by  affi- 
davit, that  he  is  unable  to  compel  such  child  to  attend  school,  said  parent, 
guardian  or  other  person  shall  be  exempt  from  the  penalties  of  this  act, 
as   regards   the   subsequent   nonattendance   at   school   of   such   child,   and 


Acts  3574b-3584a  general  laws.  1924 

said  child  may,  in  the  discretion  of  such  board,  be  deemed  a  truant  and 
subject    to   assignment    to   the   parental   school     [Amendment    approved 
April  21,  1911;  Stats.  1911,  p.  950.] 
Citations.     App.   13/517. 

ACT  3574b. 

An  act  to  provide  for  the  instruction  of  blind  students  in  certain  state 

institutions. 
[Approved  June  13,  1913.     Stats.  1913,  p.  806.] 

Instruction  of  blind  students  in  university  and  normal  schools. 

§  1.  Whonovpr  one  or  more  blind  persons  with  the  proper  educational 
and  moral  qualifications  shall  rejsiilarly  matriculate,  enter  and  work  for 
a  degree  in  the  University  of  California  or  for  a  diploma  of  graduation 
in  any  one  of  the  state  normal  schools  the  trustees  or  governing  authori- 
ties of  said  institutions  shall  out  of  the  funds  appropriated  for  the  main- 
tenance of  such  institution,  provide  a  reader  to  instruct  such  student 
from  the  text-books  and  other  printed  matter  provided  or  required  for 
the  course  taken  by  such  student;  provided,  however,  that  no  more  than 
three  hundred  dollars  per  annum  shall  be  expended  by  any  such  institu- 
tion for  the  instruction  of  any  one  student  and  not  more  than  a  total 
of  nine  hundred  dollars  shall  be  expencled  in  any  one  school  year  by  any 
such  institution,  except  the  University  of  California,  for  the  purpose  of 
so  instructing  blind  students. 

ACT  3582. 

Citations.     App.   19/106;    (§1)    19/107. 

ACT  3584a. 

An  act  to  validate  bonds  of  school  districts  and  high  school  districts,  and 

to  provide  for  the  levy  and  collection  of  taxes  to  pay  the  principal 

and  interest  on  such  bonds. 

[Approved  June  1,  1913.     Stats.  1913,  p.  361.] 

School  bonds  validated. 

§  1.  Where  in  any  school  district,  or  high  school  district  of  any  kind 
or  class,  including  union  high  school  districts  and  joint  union  high  school 
districts,  proceedings  have  been  taken  for  the  purpose  of  issuing  and  sell- 
ing bonds  of  such  district,  for  any  purpose  or  purposes,  all  the  acts  and 
proceedings  of  the  board  of  trustees,  board  of  education  or  other  govern- 
ing body  of  such  district,  and  all  the  acts  and  proceedings  of  the  board  of 
supervisors  of  the  county  within  which  such  district  is  situated,  leading 
up  to  and  including  the  issuance  of  such  bonds  if  they  have 
heretofore  been  sold,  and  all  such  acts  and  proceedings  heretofore  had 
although  the  bonds  are  not  yet  sold,  are  hereby  legalized,  ratified,  con- 
firmed and  validated  to  all  intents  and  purposes,  and  the  power  of  such 


1925  SCHOOLS.  Act  3586a,  §§  1, 2 

district  and  of  the  board  of  supervisors  of  the  county  in  which  such  dis- 
trict is  situated,  to  issue  such  bonds,  is  hereby  ratified,  confirmed  and  de- 
clared, and  the  bonds  heretofore  sold  are  declared  to  be,  and  the  bonds 
hereafter  sold  shall  be,  the  legal  and  binding  obligations  of  and  against 
the  district  having  heretofore  issued,  or  hereafter  issuing  such  bonds,  and 
the  faith  and  credit  of  such  district  is  hereby  pledged  for  the  prompt 
payment  and  redemption  of  the  principal  and  interest  of  said  bonds. 

Power  to  levy  tax  for  pajmient. 

§  2.  For  the  pur[)ose  of  paying  the  interest  on  such  bonds  as  it  be- 
comes due  and  the  principal  thereof  at  maturity,  the  assessors,  treas- 
urers, boards  of  supervisors,  and  other  officers  of  the  respective  counties, 
shall  have  the  same  powers  and  shall  perform  the  same  duties  as  are 
provided  by  law  relative  to  the  assessment,  levy,  and  collection  of  taxes, 
and  custody  of  funds,  for  the  payment  of  the  principal  and  interest  of 
bonds  of  school  districts  and  high  school  districts  of  every  kind  or  class, 
respectively. 

Must  be  sold  at  par. 

§  3.  This  act  shall  not  operate  to  legalize  any  bonds  which  have  been 
sold  for  less  than  par,  nor  to  legalize  any  bonds  the  issuance  of  which 
has  not  received  the  assent  of  two-thirds  of  the  qualified  electors  of  such 
district,  voting  at  an  election  held  for  the  purpose  of  determining  whether 
such  indebtedness  should  be  incurred,  nor  to  legalize  any  bonds  which 
mature  at  a  date  more  than  forty  years  from  the  time  of  their  issuance. 

ACT  3586a. 

An  act   to  provide  for  the   organization,  control  and  equipment   of  high 
school    cadet    companies,    and    for    the    promotion    of    rifle    practice 
therein,  and  appropriating  the  sum  of  five  thousand  dollars  therefor. 
[Approved  April  5,  1911.     Stats.  1911,  p.  635.] 

High  school  cadet  company. 

§  1.  The  male  students  of  any  high  school  in  this  state,  having  forty 
or  more  such  students,  fourteen  years  of  age  or  over,  may  be  organized 
into  a  high  school  cadet  company,  or  companies,  of  not  less  than  forty 
members  each,  under  such  rules  and  regulations  as  the  governing  body 
of  said  school  may  prescribe.  Said  cadet  company  or  companies,  shall 
at  all  times  be  under  the  guidance  and  control  of  the  principal  of  the 
said  school,  whose  duty  it  shall  be  to  make  regulations  regarding  the 
moral,  educational,  and  physical  welfare  of  said  cadets. 

Oflicera. 

§  2.  Said  companies  shall  each  have  one  captain,  one  first  lieutenant, 
one  second  lieutenant,  elected  by  the  members  thereof,  and  such  non- 
lommissioned  officers  and  privates  as  correspond  to  the  noncommissioned 
I'ilicers  and  privates  of  the  infantry  companies  of  the  national  guard  of 
California,  the  noncommissioned  officers  to  be  appointed  by  the  captain. 


Act  3586a,  §§  3-10  general  laws.  1926 

Officers. 

§  3.  In  case  any  high  school  has  more  than  one  company,  it  shall 
have  one  cadet  major,  who  shall  be  elected  by  the  commissioned  officers 
of  the  companies;  one  cadet  adjutant,  and  one  sergeant-major,  who  shall 
be  appointed  by  the  major. 

Commissions. 

§  4.  The  principal  of  such  high  school  may  issue  commissions  to  such 
oflicers  so  elected,  and  warrants  to  the  noncommissioned  officers. 

DriU. 

§  5,  Said  cadets  shall  drill  in  accordance  with  the  drill  regulations 
prescribed  by  the  United  States  army. 

Uniform. 

§  6.  Said  high  school  cadets  may  wear  a  uniform  similar  to  that  pre- 
scribed for  the  national  guard  of  California,  except  that  instead  of 
shoulder  straps,  cadet  chevrons  indicating  rank,  and  distinctive  collar 
ornaments  shall  be  worn. 

Cancellation  of  commission. 

§  7.  Any  comiaissioncd  officer,  or  noncommissioned  officer,  may  have 
his  commission  or  warrant  canceled,  and  be  reduced  to  the  ranks,  by  the 
principal  of  the  high  school  for  falling  back  in  his  studies,  or  for  mis- 
behavior, either  in  school,  or  in  the  cadet  company,  or  for  other  good 
cause  appearing  in  the  judgment  of  said  principal. 

Rifles. 

§  8.     A  sufficient  number  of  obsolete  rifles  for  drill  purposes  may  be 

purchased  by  the  board  of  high  school  trustees,  board  of  education, 
county  superintendent  of  schools,  or  the  state  superintendent  of  public 
instruction,  out  of  any  funds  available  and   not  otherwise  appropriated. 

Target  practice. 

§  9.  Target  practice  shall  constitute  a  part  of  the  instruction  to  be 
given  to  said  cadets,  and  the  adjutant  general  of  the  state  shall  pur- 
chase and  supply  to  each  of  said  high  schools  a  sufficient  number  of 
Krng-Jorgensen,  or  other  efficient,  rifles  for  field  target  work  and  for 
gallery  practice,  and  ammunition  and  equipment  therefor,  as  in  his  judg- 
ment shall  be  necessary  for  efficient  rifle  practice.  All  target  practice 
shall  be  under  the  supervision  of  competent  members  of  the  national 
guard  of  California,  detailed  for  that  purpose  by  the  adjutant  general 
of  the  state.  The  expenditures  therefor  sharl  be  paid  out  of  the  moneys 
hereinafter   appropriated. 

Drill  and  rifle  practice  instructor. 

§  10.  The  adjutant  general  of  the  state  shall  detail  from  the  organ- 
isations of  the  national  guard,  when  practicable,  some  competent  member 
thereof  who  shall  act  as  drill  and  rifle  practice  instructor  for  said   higli 


1927  SCHOOLS.  Act  3586b 

school  cadets.  The  adjutant  general  may  provide  for  compensating  the 
person  or  persons  detailed  by  him  to  instruct  said  cadets  in  drill  and 
target  practice. 

Use  of  national  guard  rifle  ranges. 

§  11.  Whenever  practicable  said  high  school  cadets  shall  be  permitted 
to  shoot  at  target  practice  upon  national  guard  rifle  ranges,  when  not 
needed  by  the  national  guard,  under  the  supervision  of  national  guard 
instructors. 

Yearly  inspection. 

§  12.  The  inspectors  of  the  national  guard  shall  inspect  and  report  on 
said  high  school  cadet  companies  at  least  once  each  year. 

Drill  regulations,  reports,  etc, 

§  13.  The  adjutant  general  shall  provide  suitable  drill  regulations, 
books  of  instruction,  and  the  necessary  blanl^  forms  for  reports  for  each 
of  said  high  schools  having  a  cadet  company,  relating  to  the  drill,  target 
practice,  attendance,  discipline,  and  condition  of  property  of  said  high 
school  cadet  organizations.  Such  reports  shall  be  made  and  forwarded, 
in  duplicate,  one  copy  to  the  state  superintendent  of  public  instruction, 
and  one  copy  to  the  adjutant  general's  office,  semi-annually,  and  shall 
bear  the  indorsement  of  the  principal  of  said  school,  containing  such  re- 
marks as  the  principal  may  deem  pertinent. 

Principal  responsible  for  property. 

§  14.  The  principal  of  the  school  shall  be  responsible  for  all  public 
property  supplied,  to  said  cadet  companies,  and  shall  supervise  the  proper 
care  thereof. 

School  trustees,  etc.,  to  co-operate. 

§  15.  Each  and  every  board  of  high  school  trustees,  board  of  educa- 
tion, county  superintendent  of  schools,  and  the  state  superintendent  of 
public  instruction,  are,  and  each  is  hereby  authorized,  empowered,  and 
directed  to  facilitate  the  purposes  of  this  act,  by  co-operating  with  the 
adjutant  general  of  the  state. 

Appropriation. 

§  16.  The  sum  of  five  thousand  dollars  is  hereby  appropriated  from 
funds  in  the  state  treasury,  and  not  otherwise  appropriated,  for  the  pur- 
pose of  carrying  out  the  provisions  of  this  act. 

§  17.  All  acts  or  parts  of  acts  in  conflict  with  the  provisions  of  this 
act  are  hereby  repealed. 

ACT  3586b.  • 

An  act  appropriating  the  sum  of  ten  thousand  dollars  to  defray  the  ex- 
penses, during  the  sixty-fifth  and  sixty-sixth  fiscal  years,  of  organiz- 
ing,  controlling,  equipping,  instructing  and  maintaining  high   school 


Act  3586e,  §§  1-3  general  laws.  1928 

cadet  companies  in  the  state  of  California,  and  for  promoting  rifle 
practice  in  said  companies  and  to  further  carry  out  the  purposes  of 
an  act  entitled  "An  act  to  provide  for  the  organization,  control  and 
equipment  of  high  school  cadet  companies,  and  for  the  promotion  of 
rifle  practice  therein,  and  appropriating  the  sum  of  five  thousand 
dollars  therefor,"  apx^roved  April  5,  19n. 

[Approved  June  14,  1913.     Stats.  1913,  p.  8S7.] 

Appropriation.     High  school  cadet  companies. 

§  1.  The  sura  of  ten  thousand  dollars  is  hereby  appropriated  from 
funds  in  the  state  treasury,  not  otherwise  appropriated,  to  defray  the 
expenses,  during  the  sixty-fifth  and  sixty-sixth  fiscal  years,  of  organizing. 
controlling,  instructing,  equipping,  and  maintaining  high  school  cadet 
companies  in  tlie  state  of  California,  and  promoting  rifle  practice  in  said 
high  school  cadet  companies,  and  to  further  carry  out  the  purposes  of 
an  act  of  the  legislature  of  the  state  of  California  entitled  "An  act  to 
provide  for  the  organization,  control  and  equipment  of  high  school  cadet 
companies  and  for  the  promotion  of  rifle  practice  therein,  and  appropriat- 
ing the  sum  of  five  thousand  dollars  therefor,"  approved  AprU  5,  1911. 

ACT  3586c. 

An  art  to  allow  union  high  school  districts  to  establish,  equip  and  main- 
tain public  libraries;  to  provide  for  the  formation,  government  and 
operation  of  such  library  districts;  the  acquisition  of  property 
thereby;  the  calling  and  holding  of  elections  ia  such  districts;  the 
assessment,  collection,  custody  and  disbursement  of  taxes  therein. 

[Became  a  law  under  constitutional  provision  without  governor's  ap- 
proval March  24,  1911.     Stats.  1911,  p.  467.] 

Union  high  school  district  may  establish  public  library. 

§  1.  Any  union  high  school  district  ot  tliis  state  may  establish,  equip 
and  maintain  a  public  library  for  the  dissemination  of  a  knowledge  of 
the  arts,  sciences  and  general  literature,  in  accordance  with  the  provi- 
sions of  this  act. 

Petition  to  supervisors. 

§  2.  Upon  the  ajiiilicatinn,  by  petition,  of  fifty  or  more  taxpaj-ers  and 
residents  of  any  union  high  school  district  to  the  board  of  supervisors 
in  the  county  in  which  said  union  high  school  district  is  located,  praying 
for  the  formation  of  a  library  district,  and  setting  forth  the  boundaries 
of  the  said  proposed  district;  the  said  board  of  supervisors  must,  within 
ton  days  after  receiving  said  petition,  by  resolution,  order  that  an  elci' 
tion  bo  held  in  the  said  proposed  district  for  the  determination  of  the 
question  and  *liall  appoint  three  qualified  electors  thereof  to  conduct  sai'l 
election. 

Notice  of  election.     Polls  open. 

§  3.  JSaid  election  shall  be  called  by  posting  notice  thereof  in  three 
of  the  most  public  places  in  said  proposed  library  district,  and  by  publi 


1929  SCHOOLS.  Act  3586c,  §§4-9 

cation  in  a  daily  or  weekly  paper  therein,  if  there  be  one,  at  least  once 
a  week  for  not  less  than  fifteen  days.  Said  notices  must  specify  the 
time,  place  and  the  purposes  of  said  election,  and  the  hours  during  which 
the  polls  will  be  kept  open;  provided,  that  in  districts  with  a  population 
of  ten  thousand  or  over,  the  polls  must  be  opened  at  8  o'clock  A.  M., 
and  kept  open  until  7  o'clock  P.  M.,  and  in  districts  where  the  popu- 
lation is  less  than  ten  thousand,  the  polls  must  not  be  opened  before  1 
o'clock  P.  M.,  and  must  be  kept  open  not  less  than  six  hours. 

Election,  how  conducted. 

§  i.  Said  election  shall  be  conducted  in  accordance  with  the  general 
election  laws  of  this  state,  where  applicable,  without  reference  to  form 
of  ballot  or  manner  of  voting,  except  that  the  ballots  shall  contain  the 
words,  "For  union  high  school  library  district,"  and  the  voter  shall  write 
or  print  after  said  words  on  his  ballot  the  word  "Yes,"  or  the  word  "No." 

Who  may  vote. 

§  5.  Every  qualified  elector,  resident  within  the  proposed  district  for 
the  period  recjuisite  to  enable  him  to  vote  at  a  general  election,  shall 
be  entitled  to  vote  at  the  election  above  provided  for. 

Report  of  result. 

§  6.  It  shall  be  the  duty  of  the  election  ofiBcers  to  report  the  result 
of  said  election  to  the  board  of  supervisors  within  five  days  subsequent 
to  the  holding  thereof. 

Two-thirds  vote  for. 

§  7.  If  two-thirds  of  the  votes  at  said  election  shall  be  in  favor  of  a 
union  high  school  library  district,  the  said  board  of  supervisors  must, 
by  resolution,  establish  said  library  district,  and  place  the  said  district 
in  the  control  of  the  trustees  of  said  union  high  school  district.  Said 
trustees  shall  severally  hold  office  during  the  term  for  which  they  shall 
have  been  elected  as  trustees  of  such  union  high  school  district. 

One-third  vote  against. 

§  8.  If  one-third  of  the  votes  cast  shall  be  against  a  library  district, 
the  board  of  supervisors  shall,  by  order,  so  declare;  no  other  proceedings 
shall  be  taken  in  relation  thereto  until  the  expiration  of  one  year  from 
the  date  of  presentation  of  the  petition. 

Record  on  minutes  of  supervisors. 

§  9.  The  fact  of  the  presentation  of  the  petition,  and  the  order  estab- 
lishing the  library  district  shall  be  entered  in  the  minutes  of  the  board 
of  supervisors  and  shall  be  conclusive  evidence  of  the  due  presentation 
of  a  proper  petition,  and  that  each  of  the  petitioners  was,  at  the  time  of 
signature  and  presentation  of  the  petition,  a  taxpayer  and  resident  of  the 
proposed  district,  and  of  the  fact  and  regularity  of  all  prior  proceedings 
of  every  kind  and  nature  provided  for  by  this  act,  and  of  the  existence 
and  validity  of  the  district. 


Act  3586c,  §§  10,    11  GENERAL    LAWS.  1930 

Library  trustees,  meetings,  etc. 

§  10.  Boards  of  library  trustees  shall  meet  at  least  once  a  month,  at 
such  time  and  place  as  they  may  fix  by  resolution.  Special  meetings 
may  be  called  at  any  time  by  two  trustees,  by  written  notices  served 
upon  each  member  at  least  twelve  hours  before  the  time  specified  for  the 
meeting.  Three  members  shall  constitute  a  quorum  for  the  transaction 
of  business.  At  its  first  meeting  held  after  the  first  day  of  .July  the 
board  shall  organize  by  electing  one  of  its  number  president,  and  another 
one  of  its  number  secretary,  they  shall  serve  as  such  for  one  year  or  until 
their  successors  are  elected  and  qualified.  Such  board  shall  cause  a 
proper  record  of  its  proceedings  to  be  kept,  and  at  the  first  meeting  of 
the  board  of  trustees  of  any  library  formed  under  the  provisions  of  this 
act,  it  must  immediately  cause  to  be  made  out  and  filed  with  the  state 
librarian  at  Sacramento  a  certificate  showing  that  such  library  has  been 
established,  with  the  date  thereof,  the  names  of  the  trustees,  and  the 
officers  of  the  board  chosen  for  the  current  fiscal  year. 

Powers. 

§  11.  The  board  of  library  trustees,  as  herein  provided  for,  and  their 
Buccossors,  shall  be  authorized  and  they  are  hereby  empowered,  and  it 
shall  be  their  duty: 

First — To  make  and  enforce  all  rules,  regulations  and  by-laws  neces- 
sary for  the  administration,  government  and  protection  of  the  libraries 
under  their  management,  and   all  property  belonging  thereto. 

Second — To  administer  any  trust  declared  or  created  for  such  libraries, 
and  receive  by  gift,  devise,  or  bequest,  and  hold  in  trust  or  otherwise, 
property  situated  in  this  state  or  elsewhere,  and  where  not  otherwise 
provided,  dispose  of  the  same  for  the  benefit  of  such  libraries. 

Third — To  prescribe  the  duties  and  powers  of  the  librarian,  secretary, 
and  other  officers  and  employees  of  any  such  libraries;  to  determine  the 
number  of  and  appoint  all  such  officers  and  employees,  and  fix  their 
compensation,  which  said  officers  and  employees  shall  hold  their  offices 
and  positions  at  the  pleasure  of  said  boards. 

Fourth — To  purchase  necessary  books,  journals,  publications  and  other 
personal  property. 

Fifth — To  purchase  such  real  property,  and  erect  or  rent  and  equip, 
such  building  or  buildings,  room  or  rooms,  as  in  their  judgment  may  be 
necessary  to  properly  carry  out  the  provisions  of  this  act. 

Sixth — To  require  the  secretary  of  state  and  other  state  oflScials  to 
furnish  such  libraries  with  copies  of  any  and  all  reports,  laws,  and  other 
publications  of  the  state  not  otherwise  disposed  of  by  law. 

Seventh — To  borrow  books  from,  lend  books  to  and  exchange  the  same 
with  other  libraries,  and  to  allow  nonresidents  to  borrow  books  upon  such 
conditions  as  the  board  may  prescribe. 

Eighth— To  do  and  perform  any  and  all  other  acts  and  things  neces- 
sary or  proper  to  carry  out  the  provisions  of  this  act. 

Ninth — To  file,  through  their  secretary,  on  or  before  the  last  day  in 
the   month   of  July   of   each   year,   a   report   with   the   state   librarian   at 


1931  SCHOOLS.  Act3586c,§§  12-14 

Sacramento   giving   the    condition    of   their   library   and    the   number    of 
volumes  contained  therein  on  the  thirtieth  day  of  June  preceding. 

Tenth — To  designate  the  hours  during  which  the  library  shall  be  open 
for  the  use  of  the  public;  provided,  however,  that  all  public  libraries 
established  under  the  provisions  of  this  act,  shall  be  open  for  the  use  of 
the  public  at  all  reasonable  times. 

Yearly  estimate  of  expenses.     Bond  election. 

§  12.  In  an}'  library  district  formed  under  the  provisions  of  this  act, 
which  is  now  maintaininjj  a  public  library,  or  which  shall  have  petitioned 
for  and  has  been  granted  permission  to  establish,  and  intends  to  main- 
tain, a  public  library  in  accordance  with  this  act,  it  shall  be  the  duty 
of  the  board  of  library  trustees  therein,  to  furnish  to  the  board  of  super- 
visors of  the  county  wherein  said  library  district  is  situated,  each  and 
every  year,  on  or  before  the  first  day  of  September,  an  estimate  of  the 
cost  of  leasing  temporary  quarters;  purchasing  a  suitable  lot;  of  procur- 
ing plans  and  specifications  and  erecting  a  suitable  building;  of  fur- 
nishing and  equipping  the  same,  and  of  fencing  and  ornamenting  the 
grounds,  for  the  accommodation  of  the  public  library,  and  of  conducting 
and  maintaining  the  same  for  the  ensuing  fiscal  year,  or  for  any  or  all 
of  said  purposes;  provided  however,  that  the  board  of  library  trustees, 
may  when  in  its  judgment  it  is  deemed  advisable,  and  upon  the  petition 
of  fifty  or  jnore  taxpayers  residing  within  said  library  district;  must,  call 
an  election  and  submit  to  the  electors  of  the  said  library  district  whether 
the  bonds  of  said  library  district  shall  be  issued  and  sold  for  any  or  all 
of  the  purposes  of  this  act. 

Tax  levy. 

§  13.  When  such  estimate  shall  have  been  submitted  to  the  board 
of  supervisors  of  any  county  in  which  a  public  library  district  has  been 
established,  the  said  board  of  supervisors,  must,  at  the  time  of  levying 
county  taxes,  levy  a  special  tax  upon  all  the  taxable  property  within  the 
limits  of  the  said  library  district,  sufficient  in  amount  to  maintain  the 
said  union  high  school  library,  or  to  purchase  the  site,  erect  and  equip 
the  building,  improve  the  grounds  or  building,  or  for  any  or  all  of  the 
purposes  of  this  act.  The  taxes  so  levied  shall  be  computed,  entered 
upon  the  tax-roll,  and  collected  in  the  same  manner  as  other  taxes  are 
computed,  entered  and  collected. 

Library  fund. 

§  14.  The  revenue  derived  from  said  tax,  together  with  all  money 
acquired  by  gift,  devise,  bequest,  or  otherwise,  for  the  purposes  of  the 
library,  shall  be  paid  into  the  county  treasury  to  the  credit  of  the  library 
fund  of  the  district  wherein  said  tax  was  collected,  subject  only  to  the 
order  of  the  library  trustees  of  said  district.  If  such  payment  into  the 
treasury  should  be  inconsistent  with  the  terms  or  conditions  of  any  such 
gift,  devise,  or  bequest,  the  board  of  library  trustees  shall  provide  for 
the   safety   and  preservation   of   the   same,   and   the   application   thereof 


Act  3586c,  §§  15-19  general  laws.  1932 

to  the  use  of  the  library,  in  accordance  with  the  terms  and  conditions 
of  such  gift,  devise  or  bequest. 

Library  free  to  inhabitants. 

§  15.  Every  union  high  school  library  established  under  the  provi- 
sions of  this  act  shall  be  forever  free  to  the  inhabitants  and  nonresi- 
dent taxpayers  of  the  library  district,  subject  always  to  such  rules, 
regulations,  and  by-laws  as  may  be  made  by  the  board  of  library  trus- 
tees; also  provided,  that  for  violation  of  the  same  si  person  may  be  fined 
or  excluded  from  the  privileges  of  the  library. 

Contracts  with  neighhoring  districts. 

§  16.  Boards  of  library  trustees  and  the  boards  of  trustees  of  neigh- 
boring library  districts,  or  the  legislative  bodies  of  neighboring  munici- 
palities, or  boards  of  supervisors  of  the  counties  in  which  public  libraries 
are  situated,  may  contract  to  lend  the  books  of  such  libraries  to  residents 
of  such  counties  or  neighboring  municipalities,  or  library  districts;  upon 
a  reasonable  compensation  to  be  paid  by  such  counties,  neighboring 
municipalities,  or  library  districts. 

Title  to  property.     Name  of  district. 

§  17.  The  title  to  all  property  acquired  for  the  purposes  of  such 
libraries,  when  not  inconsistent  with  the  terms  of  its  acquisition,  or  not 
otherwise  designated,  shall  vest  in  the  district  in  which  such  libraries 
are,   or  are   to   be   situated.     Every  library   district   must   be   designated 

by  the  name  and  style  of  library  district,   (using  the  nn"-e  of  the 

district),  of  county,   (using  the   name   of  the  county  in   \     i'-h   said 

district  is  situated);  and  in  th.it  name  the  trustees  may  sue  and  be 
sued,  and  may  hold  and  convey  projierty  for  the  use  and  benefit  of  such 
district.  A  number  must  not  be  used  as  a  part  of  the  designation  of 
any  library  district. 

Eond  election. 

§  18.  The  board  of  trustees  of  any  library  district  may,  when  in  their 
judgment  it  is  deemed  advisable,  and  must,  upon  a  petition  of  fifty  or 
more  taxpayers  and  residents  of  said  library  district,  call  an  election 
and  submit  to  the  electors  of  the  district,  whether  the  bonds  of  surh 
district  shall  be  issued  and  sold  for  the  purpose  of  raising  money  for 
the  purchase  of  suitable  lots,  of  procuring  plans  and  specifications  and 
of  erecting  a  suitable  building,  of  furnishing  and  equipping  the  same, 
and  of  fencing  and  ornamenting  the  grounds,  for  the  accommodation 
of  the  union  high  school  library,  or  for  any  or  all  of  the  said  purposes, 
or  for  any  or  all  of  the  purposes  of  this  act;  for  liquidating  any  indebt 
ednoss  incurred  for  said  purposes,  and  for  refunding  any  outstanding 
valid  indebtedness,  evidenced  by  bonds  or  warrants  of  the  district. 

Ballot  and  voting. 

§  19.  Voting  must  be  by  ballot  (without  reference  to  the  general 
election  law  in  regard  to  form  of  ballot,  or  manner  of  voting),  except 


1933  SCHOOLS.  Act  3586c,  §§  20-23 

that  the  words  to  appear  on  the  ballot  shall  be  "Bonds — Yes,"  and 
"Bonds— No,"  and  except  further,  that  persons  voting  at  such  bond  elec- 
tion shall  put  a  cross  (X)  upon  their  ballots  with  pencil  or  ink,  after 
the  words,  "Bonds — Yes,"  or  "Bonds — No,"  (as  the  case  may  be)  to 
indicate  whether  they  have  voted  for  or  a^inst  the  issuance  of  the 
bonds;  which  said  ballot  shall  be  handed  by  the  elector  voting  to  the 
inspector,  who  shall  then,  in  his  presence,  deposit  the  same  in  the  ballot- 
box,  and  the  judges  shall  enter  the  elector's  name  on  the  poll  list.  The 
polls  must  be  open  during  said  election  from  8  A.  M.  to  5  P.  M. 

Canvass  of  votes.     Maximum  bonds. 

§  20.  On  the  seventh  day  after  said  election,  at  8  o'clock  P.  M.,  the 
returns  having  been  made  to  the  board  of  trustees,  the  board  must  meet 
and  canvass  said  returns,  and  if  it  appears  that  a  two-thirds  of  the  votes 
cast  at  said  election  was  in  favor  of  issuing  such  bonds,  then  the  board 
shall  cause  an  entry  of  such  fact  to  be  made  upon  its  minutes  and  shall 
certify  to  the  board  of  supervisors  of  the  county,  all  the  proceedings  had 
in  the  premises,  and  thereupon  said  board  of  supervisors  shall  be  and 
they  are  hereby  authorized  and  directed  to  issue  the  bonds  of  said  dis- 
trict, to  the  number  and  amount  provided  in  such  proceedings,  payable 
out  of  the  building  fund  of  such  district,  naming  the  same,  and  that  the 
money  shall  be  raised  by  taxation  upon  the  taxable  property  in  said  dis- 
trict, for  the  redemption  of  said  bonds  and  the  payment  of  the  interest 
thereon;  provided,  that  the  total  amount  of  bonds  so  issued  shall  not  ex- 
ceed five  per  cent  of  the  taxable  property  of  said  district,  as  shown  by 
the  last  equalized  assessment-book  of  the  county. 

Bonds,  form,  interest,  etc. 

§  21.  The  board  of  supervisors  by  an  order  entered  upon  its  minutes 
shall  prescribe  the  form  of  said  bonds  and  of  the  interest  coupons  at- 
tached thereto,  and  must  fix  the  time  when  the  whole  or  any  part  of 
the  principal  of  said  bonds  shall  be  payable,  which  shall  not  be  more 
than  forty  years  from  the  date  thereof. 

Maximum  interest. 

§  22.  Said  bonds  must  not  bear  a  greater  amount  of  interest  than  six 
per  cent, 'said  interest  to  be  payable  annually  or  semi-annually;  and 
said  bonds  must  be  sold  in  the  manner  prescribed  by  the  board  of  super- 
visors, for  not  less  than  par,  and  the  proceeds  of  the  sale  thereof  must 
be  deposited  in  the  county  treasury  to  the  credit  of  the  building  fund  of 
said  library  district,  and  be  drawn  out  for  the  purposes  aforesaid  as  other 
library  moneys  are  drawn  out. 

Tax  levy  for  interest,  etc.,  on  bonds. 

§  23.  The  board  of  supervisors,  at  the  time  of  making  the  levy  of 
taxes  for  county  purposes,  must  levy  a  tax  for  that  year  upon  the  tax- 
able property  in  such  district,  at  the  equalized  assessed  value  thereof  for 
that  year,  for  the  interest  and  redemption  of  said  bonds,  and  such  tax 


Act  3586c,  §§  24, 25  general  laws.  1934 

must  not  be  less  than  sufficient  to  pay  the  interest  of  said  bonds  for 
that  year,  and  such  portion  of  the  principal  as  is  to  become  due  during 
such  year,  and  in  any  event  must  be  high  enough  to  raise,  annually,  for 
the  first  half  of  the  term  said  bonds  have  to  run,  a  sufficient  sum  to  pay 
the  interest  thereon;  and  during  the  balance  of  the  term,  high  enough 
to  pay  such  annual  interest,  and  to  pay,  annually,  a  proportion  of  the 
principal  of  said  bonds  equal  to  a  sum  produced  by  taking  the  whole 
amount  of  said  bonds  outstanding  and  dividing  it  by  the  number  of  years 
said  bonds  then  have  to  run,  and  all  moneys  so  levied,  when  collected, 
shall  be  paid  into  the  county  treasury  to  the  credit  of  the  said  library 
district,  and  be  used  for  the  payment  of  principal  and  interest  on  said 
bonds,  and  for  no  other  purpose.  The  principal  and  interest  on  said  bonds 
shall  be  paid  by  the  county  treasurer,  upon  the  warrant  of  the  county 
auditor,  out  of  the  fund  provided  therefor;  and  it  shall  be  the  duty  of 
the  county  auditor  to  cancel  and  file  with  the  county  treasurer  the  bonds 
and  conjious  as  rapidlj'  as  they  are  paid. 

Unsold  bonds. 

§  24.  Whenever  any  bonds  issued  under  the  provisions  of  this  act 
shall  remain  unsold  for  the  period  of  six  months  after  having  been  offered 
for  sale  in  the  manner  prescribed  by  the  board  of  supervisors,  the  board 
of  trustees  of  the  library  district  for  or  on  account  of  which  said  bonds 
were  issued,  or  of  any  library  district  composed  wholly  or  partly  of  terri- 
tory which,  at  the  time  of  holding  the  election  authorizing  the  issuance 
of  such  bonds,  was  embraced  within  the  district  for  or  on  account  of 
which  such  bonds  were  issued,  may  petition  the  board  of  supervisors  to 
cause  such  unsold  bonds  to  be  withdrawn  from  market  and  caiueled. 
Upon  receiving  such  petition,  signed  by  a  majority  of  the  members  of 
said  board  of  trustees,  the  supervisors  shall  fix  a  time  for  hearing  the 
same,  which  shall  be  not  more  than  thirty  days  thereafter,  and  shall 
cause  a  notice,  stating  the  time  and  place  of  hearing,  and  the  oliject  of 
the  petition  in  general  terms,  to  be  published  for  ten  days  prior  to  the 
day  of  hearing,  in  some  newsjiaper  published  in  said  library  district,  if 
there  is  one,  and  if  there  is  no  nowspajier  i)ublished  in  said  library  dis- 
trict, then  in  a  newspaper  published  at  the  county  seat  of  the  county  in 
which  said  library  district  or  part  thereof  is  situated.  At  the  time  and 
place  designated  in  the  notice  for  hearing  said  petition,  or  at  any  subse- 
quent time  to  which  said  hearing  may  be  postponed,  the  supervisors  shall 
hear  any  reasons  that  may  be  submitted  for  or  against  the  granting  of 
the  petition,  and  if  they  shall  deem  it  for  the  best  interests  of  the 
library  district  named  in  the  petition  that  such  unsold  bonds  be  canceled, 
they  shall  make  and  enter  an  order  in  the  minutes  of  their  proceedings 
that  said  unsold  bonds  be  canceled,  and  thereupon  said  bonds,  and  the 
vote  by  which  they  were  authorized  to  be  issued,  shall  cease  to  be  of  any 
validity  whatever. 

Dissolution  of  district. 

§  25.  The  district  may  at  any  time  be  dissolved  upon  the  vote  of  two- 
thirds   of  the   qualified  electors  thereof,  upon   an   election   called   by  the 


1935  SCHOOLS.  Act  358Gd,  §  1 

library  trustees  of  such  district,  upon  the  question  of  dissolution.  Such 
election  shall  be  called  and  conducted  in  the  same  manner  as  other  elec- 
tions of  the  district.  Upon  such  dissolution,  the  property  of  the  district 
shall  vest  in  any  union  high  school  district  in  which  said  library  is  situ- 
ated; provided,  however,  that  if,  at  the  time  of  such  election  to  dissolve 
such  district,  there  be  any  outstanding  bonded  indebtedness  of  such  dis 
trict,  the  vote  to  dissolve  such  district  shall  dissolve  the  same  for  all 
purposes  excepting  only  the  levy  and  collection  of  taxes  for  the  payment 
of  such  indebtedness;  and  from  the  time  such  district  is  thus  dissolved 
until  such  bonded  indebtedness,  with  the  interest  thereon,  is  fully  paid, 
satisfied  and  discharged,  and  the  board  of  supervisors  is  hereby  consti- 
tuted ex  officio  the  library  board  of  such  district.  And  it  is  hereby  made 
obligatory  upon  such  board  to  levy  such  taxes  and  perform  such  other 
acts  as  may  be  necessary  in  order  to  raise  money  for  the  payment  of 
such  indebtedness  and  the  interest  thereon,  as  herein  provided. 

Repeal  of  prior  conflicting  acts. 

§  26.  All  acts  or  parts  of  acts  conflicting  with  the  provisions  of  this 
act  are  hereby  repealed. 

Definitions. 

§  27.  Where  the  words  "trustees"  or  "library  trustees"  appear  in  this 
act  the  same  shall  be  construed  to  mean  the  regularly  elected  union  high 
school  trustees,  and  where  the  words  "library,"  "library  district,"  or 
"library  districts"  appear  in  this  act,  the  same  shall  be  construed  to  mean 
"union  high  school  library  districts." 

§  28,     This  act  shall  take  effect  immediately. 

ACT  3586d, 

An  act  to  establish  the  legality  of  certain  school  districts  and  to  validate 

all  bonds  heretofore  issued  or  ordered  to  be  issued  by  or  on  behalf 

of  such  districts. 

[Approved  April  7,  1911.     Stats.  1911,  p.  711.] 

Establishment  of  school  district  validated.     Bonds. 

§  1.  In  all  cases  where  the  board  of  supervisors  of  any  county  of  this 
state  has  established  a  school  district  consisting  of  a  portion  of  the  ter- 
ritory of  an  incorporated  city  or  town,  all  of  the  proceedings  of  said 
board  of  supervisors  had  in  the  formation  of  such  school  district  are 
hereby  validated,  ratified  and  confirmed  and  such  district  is  hereby  de- 
clared to  be  a  legal  school  district,  and  in  all  cases  where  the  board  of 
supervisors  of  any  county  of  the  state  purporting  to  aet  und-er  and  by 
virtue  of  the  provisions  of  the  Political  Code  applicable  thereto,  has 
ordered  the  issuance  of  bonds  of  any  such  school  district,  after  a  special 
election  in  such  district  has  been  held  to  determine  whether  such  in- 
debtedness shall  be  incurred,  at  which  election  not  less  than  two-thirds 
of  all  the   qualified  voters  voting  at   such  election  have   voted  in   favor 


Act  3586e,  §  1  general  laws.  1936 

of  incurring  such  indebteclness,  all  the  proceedings  of  the  trustees  of  such 
district  and  of  the  board  of  supervisors,  preceding  and  including  the 
issuance  and  the  proposed  issuance  of  such  bonds,  are  hereby  validated, 
ratified  and  confirmed,  and  all  such  bonds  sold  or  to  be  sold  for  not  less 
than  par  and  accrued  interest  are  hereby  declared  to  be  legal  and  valid 
obligations  of  such  district,  in  accordance  with  their  ternns. 

§  2.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage  and  approval. 

ACT  3586e. 

An  act  to  validate  the  consolidation  of  certain  school  districts  into  one 
school  district,  and  validate  and  apjirove  certain  bonds  authorized 
by  such  school  districts. 

[Approved  March  1,  1911.     Stats.  1911,  p.  263.] 

Consolidation  of  school  districts  in  cities.     Bonds. 

§  1.  Whenever,  in  any  city  which  had  theretofore  been  divided  into 
two  or  more  school  districts,  a  majority  of  the  qualified  electors  of  said 
city  voting  at  an  election,  cither  at  a  general  election  or  at  a  special 
election  called  pursuant  to  any  provision  of  law,  have  voted  in  favor  of 
consolidating  such  several  school  districts  into  one  school  district,  either, 

By  voting  to  ratify  a  proposed  charter  for  said  city  which  said  charter 
contained  a  provision  cither  expressly  or  impliedly  providing  for  such 
consolidation,  or  in  which  provision  is  made  or  attempted  to  be  made 
for  the  creation  or  formation  of  one  school  district,  to  comprise  and -in- 
clude the  said  several  districts  theretofore  existing  within  such  city,  and 
such  charter  has  thereafter  been  approved  by  the  legislature  pursuant 
to  article  11  section  8  of  the  constitution  of  the  state  of  California;  or 
in  any  other  way: 

And  where  the  business  and  affairs  of  such  several  school  districts 
existing  prior  to  such  election  have  been  thereafter  conducted  as  one 
school  district  such  attempted  consolidation  is  hereby  ratified,  apj)rovoil 
and  validated,  and  it  is  hereby  declared  that  the  consolidation  of  sui  h 
school  districts  into  one  school  district  was  effected  thereby;  and  it  is 
further  declared  that  such  school  district  has  existed  as  a  legal  school 
district  from  the  date  of  such  attempted  consolidation;  and  it  is  further 
provided,  that  wherever  the  board  of  supervisors  of  the  county  in  which 
any  such  city  is  situated  has  directed,  or  shall  hereafter  direct,  bonds  of 
any  such  district  so  formed  or  created  to  be  issued  pursuant  to  any  elec- 
tion heretofore  Ueld  in  such  district  in  accordance  with  the  law  providintr 
for  the  holding  of  elections  in  school  districts,  and  such  action  of  such 
board  of  supervisors  is  hereby  validated  and  approved,  ami  all  bonds 
issued  pursuant  to  such^rder  are  hereby  declared  to  be  valid  and  bind- 
ing obligations  of  such  school  district  from  the  date  of  their  issuance, 


1937  SCHOOLS.  Act3586f,  §§  1-3 

whether  the  same  were  issued  prior  to  the  passage  of  this  act,  or  shall 
be  issued  hereafter. 

§  2.     This  act  shall  take  effect  from  and  after  its  adoption. 

ACT  3586f. 

An  act  providing  for  the  free  use  of  all  public  schoolhouscs  and  prop- 
erty and  to  establish  a  civic  center  at  each  and  every  public  school- 
house  in  the  state  of  California,  and  to  provide  for  the  maintenance, 
conduct  and  management  of  the  same. 

[Approved  June  6,  1913.     Stats.  1913,  p.  853.] 

Public  schoolhouse  created  civic  center. 

§  1.  There  is  hereby  established  a  civic  center  at  each  and  every 
public  schoolhouse  within  the  state  of  California,  where  the  citizens 
of  the  respective  public  school  districts  within  the  said  state  of  Cali- 
fornia may  engage  in  supervised  recreational  activities,  and  where  they 
may  meet  and  discuss,  from  time  to  time,  as  they  may  desire,  any  and 
all  subjects  and  questions  which  in  their  judgment,  may  appertain  to 
the  educational,  political,  economic,  artistic  and  moral  interests  of  the 
citizens  of  the  respective  communities  in  which  they  may  reside;  pro- 
vided, that  such  use  of  said  public  schoolhouse  and  grounds  for  said 
meetings  shall  in  no  wise  interfere  with  such  use  and  occupancy  of 
said  public  schoolhouse  and  grounds  as  is  now,  or  hereafter  may  be 
required  for  the  purposes  of  said  public  schools  of  the  state  of  California. 

Lighting,  heating,  janitor  service,  etc. 

§  2.  Lighting,  heating,  janitor  service  and  the  services  of  a  special 
supervising  oiEcer  when  needed,  in  connection  with  such  use  of  public 
school  buildings  and  grounds  as  set  forth  in  section  1  of  this  act, 
shall  be  provided  for  out  of  the  county  or  special  school  funds  of  the 
respective  school  districts  in  the  same  manner  and  by  the  same  author- 
ity as  such  similar  services  are  now  provided  for.  Such  use  of  the  said 
schoolhouses,  property  and  grounds  shall  be  granted  free;  provided,  that 
in  case  of  entertainments  where  an  admission  fee  is  charged,  a  charge 
may  be  made  for  the  use  of  said  schoolhouses,  property  and  grounds. 

Control  of  civic  center. 

§  3.  The  management,  direction  and  control  of  said  civic  center  shall 
be  vested  in  the  board  of  trustees  or  board  of  education  of  the  school 
district.  Said  board  of  trustees  or  board  of  education  shall  make  all 
needful  rules  and  regulations  for  conducting  said  civic  center  meetings 
and  for  such  recreational  activities,  as  are  provided  for  in  section  1  of 
this  act;  and  said  board  of  trustees  or  board  of  education  may  appoint 
a  special  supervising  officer  who  shall  have  charge  of  the  grounds,  pre- 
serve order,  protect  the  school  property  and  do  all  things  necessary  in 

122 


Act  3594,  §§  1,  2  GENERAL  LAWS.  1938 

the  capacity  of  a  peace  officer  to  carry   out  the  provisions  and   the  in- 
tents and  purposes  of  this  act. 

TITLE  456. 

SEWERS. 
ACT  3594. 

An  act  to  provide  for  the  divLi^ion  of  inunicij'alities  into  sewer  districts, 
and  for  the  construction  of,  or  ac(|uisition  ancl  maintenance  of  sewers 
therein,  providing  a  system  of  district  sewer  bonds  to  pay  the  cost 
of  such  construction  of,  or  acquisition  and  also  for  the  payment  of 
such  bonds. 

[Approved    April    14,    1911.     Stats.    1911,   p.    904.] 

Municipalities  may  create  sewer  districts. 

§  1.  Tlie  Icjrjslative  body  of  .my  city,  town  or  municipal  corporation, 
incorporaked  under  the  laws  of  tiiis  state  may  create  from  time  to  time, 
as  hereinafter  provided,  within  such  city,  town  or  munifipal  corporation 
sei)aiate  sewer  districts  whenever  in  the  judgment  of  such  legislative 
body  it  may  be  necessary  or  convenient  for  the  i)roper  sanitation  and 
drainage  of  such  districts  to  construct  or  acquire  any  sewer  or  sewers 
therein,  and  may  designate  such  districts  by  distinctive  names  and  num- 
bers and  may  as  hereinafter  provided,  provide  for  the  incurring  of  in- 
debtedness to  pay  for  the  cost  of  the  construction  or  acquisition  of  sewers 
in   such  districts. 

District  described  in  resolution.     Special  election.     Cost.     Interest. 

§  2.  Wlioncvcr  the  legislative  body  of  any  such  city,  town  or  munici- 
pal corporation  shall,  by  resolution  passed  by  a  vote  of  two-thirds  of  all 
its  members  and  approved  by  the  executive  of  such  municipality,  deter 
mine  that  the  public  interest  or  convenience  requires  the  construction  of. 
or  acquisition  by  purciiase  or  otherwise  of  a  sewer  or  any  sewers  in  any 
l>art  of  the  territory  of  such  municipality,  said  legislative  body  shall 
describe  in  said  resolution  a  distrirt.  naming  and  numbering  the  same 
as  hereinabove  provided,  and  declare  said  district  to  be  the  district 
benefited  by  said  work  or  im|irovement,  or  acquisition  of  such  sewer, 
and  may,  at  any  subsequent  meeting,  by  ordinance  passed  by  a  vote  of 
two-thirds  of  all  of  its  members,  and  also  approved  by  the  said  execu- 
tive, adopt  plans  and  specifications  for  the  proposed  sewer  work  (if  to 
be  constructed),  and  also  describe  the  territorial  district  upon  which  the 
exiM>nse  of  such  proposed  sewor  work  or  improvement,  or  acquisition, 
shall  bo  chargeable,  as  hereinafter  provided,  and  shall  provide  therein 
for  a  special  election  to  be  held  in  such  city,  town  or  municipal  cor- 
poration. .\t  such  election  there  shall  be  submitted  to  the  qualified 
electors  of  such  city,  town  or  municipal  corporation,  the  proposition  of 
incurring  indebtedness  for  the  purposes  set  forth  in  said  resolution,  and 
no  question  other  than  the  incurring  of  the  indebtedness  for  such  pur- 
poses shall  be  submitted  at  such  special  election.  Tlie  ordinance  call- 
ing such  special  election  shall  also  recite   the   objects  and   purposes   for 


1939  SEWERS.  Act  3594,  §§  3, 4 

which  the  proposed  indebtedness  is  to  be  incurred,  the  estimated  cost 
of  the  proposed  sewer  work,  improvement,  or  sewer  system  to  be  ac- 
quired, the  amount  of  the  principal  of  the  indebtedness  to  be  incurred 
therefor,  and  the  rate  of  interest  to  be  paid  on  said  indebtedness,  and 
shall  fix  the  date  on  which  S'.ich  special  election  shall  be  held,  the  man- 
ner of  holding  sucli  elocfion.  and  the  manner  of  voting  for  or  against 
the  incuiring  of  such  indebtedness.  In  all  particulars  not  recited  in 
such  ordinance,  such  election  shall  be  held  as  is  provided  by  law  for 
holding  general  municipal  elections  in  such  city,  town  or  municipal 
corporation.  The  maximum  rate  of  interest  to  be  paid  on  such  indebted- 
ness shall  be  six  (6%)   per  centum  per  annum,  payable  semi-annually. 

Ordinance  published.     Posted  in  municipalities  having  no  newspaper. 

§  3.  Said  ordinance  shall  be  published  once  a  day  for  five  days,  prior 
to  the  date  set  for  such  election,  in  some  newspaper  of  general  circu- 
lation designated  by  the  legislative  body  of  said  city,  town  or  municipal 
corporation,  which  newspaper  is  published  once  a  day  for  at  least  six 
days  a  week  in  such  municipality,  or  such  ordinance  shall  be  published" 
once  a  week  for  two  weeks  prior  to  the  date  set  for  such  election,  in 
some  newspaper  of  general  circulation  designated  by  said  legislative 
body,  and  published  less  than  six  days  a  week  in  such  municipality,  and 
one  insertion  thereof  in  such  last  described  newspaper  each  week  for 
two  succeeding  weeks  prior  to  the  date  set  for  such  election  by  the 
legislative  body  of  said  city,  town  or  municipal  corporation,  shall  be  a 
Bullicient  publication  in  such  newspaper  published  less  than  six  days  a 
week.  In  municipalities  where  no  newspaper  is  published,  such  ordi- 
nance shall  be  posted  in  three  public  places  in  the  said  sewer  district 
for  two  succeeding  weeks  prior  to  the  date  set  for  such  election  by 
the  legislative  body  of  said  city,  town  or  municipal  corporation.  No 
other  notice  of  such  election  need  be  given.  It  shall  require  the  affirma- 
tive votes  of  two-thirds  of  all  the  aforesaid  qualified  electors  of  said 
city,  town  or  municipal  corporation  voting  at  such  special  election,  to 
authorize  the  incurring  of  said  indebtedness  and  the  issuance  of  bonds 
therefor  as  provided  herein;  provided,  however,  if  the  proposition  so 
submitted  at  such  election  fail  to  receive  the  requisite  number  of  votes 
of  the  aforesaid  qualified  electors  of  such  city,  town  or  municipal  cor- 
poration, voting  at  such  election  to  incur  the  indebtedness  for  the  pur- 
pose specified,  tha  legislative  branch  of  such  municipality  shall  have  no 
power  or  authority  within  six  months  after  such  election,  to  pass  any 
ordinance  calling  'another  election  for  incurring  any  indebtedness  for 
sewer  work  within  any  sewer  district  which  has  within  its  boundaries 
any  of  the  territory  'of  the  district  in  which  at  said  election,  the 
requisite  number  of  votes  for  the  issuance  of  said  bonds  has  not  been 
cast    therefor. 

Bonds  issued  in  name  of  city.     How  payable.     Denominations.     Coupons. 
Officers'  signatures. 
§  nt.     All  bonds  issued  under  the  provisions  of  this  act  shall  be  issued 
in  the  name   of  the  city,  town   or  municipal   corporation   in   which   such 


Act  3594,  §§  5, 6  gen'eral  laws.  1940 

sewer  district  has  been  formed,  and  shall  be  payable  in  the  following 
manner:  A  part  to  be  determined  by  the  legislative  body  of  the  munici- 
pality, which  part  shall  not  be  less  than  the  one-fortieth  part  of  the 
whole  amount  of  such  indebtedness,  shall  be  payable  each  and  every 
year  on  a  day  and  date,  and  at  a  place  within  the  United  States,  to 
be  fixed  by  the  legislative  body  of  the  city,  town  or  nii'nicipal  corj)ora- 
tion  issuing  the  said  bonds,  and  designated  in  such  bonds,  together  with 
the  interest  on  all  sums  unpaid  at  such  date,  until  the  whole  of  said 
indebtedness  shall  have  been  paid. 

The  bonds  shall  be  issued  in  such  denominations  as  the  legislative 
body  of  the  municipality  may  determine,  exccj't  that  no  bonds  shall 
be  of  a  less  denomination  than  one  hundred  dollars,  nor  of  a  greater 
denomination  than  one»thousand  dollars,  and  shall  be  payable  on  the 
day,  and  at  the  place  fixed  in  such  bonds,  and  with  interest  at  the  rate 
specified  in  such  bonds,  which  rate  shall  not  be  in  excess  of  six  per 
cent  per  annum,  and  shall  be  payable  semi-annually,  and  said  bonds 
shall  be  signed  by  any  officer  of  said  city,  town  or  municipal  corpora- 
tion designated  for  that  purpose  by  the' city  council,  board  of  trustees 
or  other  legislative  body  of  such  city,  town  or  municipal  corporation, 
by  resolution  adopted  b}'  a  two-thirds  vote  of  all  of  its  members,  and 
shall  also  be  signed  bj'  the  treasurer  thereof,  and  shall  be  counter- 
signed by  the  clerk  of  such  city,  town  or  municipal  corporation.  The 
coupons  of  said  bonds  shall  be  numbered  consecutively  and  signed  by 
the   treasurer. 

In  case  any  of  such  officers  whose  signatures  appear  on  the  bonds  or 
coupons  shall  cease  to  be  such  officer  before  the  deliveri-  of  such  bonds 
to  the  purchaser,  such  signatures  or  counter-signatures  shall  neverthe- 
less be  valid  and  sufficient  for  all  purposes,  the  same  as  if  such  officers 
had  remained  in  office  until  the  delivery  of  the  bonds. 

Sale  of  bonds. 

§  5.  The  legislative  body  of  the  city,  town  or  municipal  corporation 
within  whose  territory  such  sewer  district  has  been  created  as  herein 
jirovidrd,  may  issue  and  sell  said  bonds  at  not  less  than  their  par  value, 
and  tlie  proceeds  of  the  sale  of  such  bonds  shall  be  placed  in  the  muni- 
cipal treasury  to  the  credit  of  the  pr<ijier  sewer  district  fund  and  shall 
be  apjilied  exclusively  to  the  purposes  and  objects  mentioned  in  the  said 
ordinance. 

Notice     before     awarding     contract.     Publication.     Checks     with     bids. 
Sureties.     Award  of  contract.     Performance.     Bond.     City  may  con- 
struct.    Charter  cities. 
§  6.     Before  the  legislative  body  of  such  city,  town  or  municipal  cor- 
poration shall  award  the  contract  for  doing  any  sewer  work  or  improve- 
ment, the  expense  of  which  is  to  he  paid  out  of  the  proceeds  of  sales  of 
the    bonds    issued    in    accordance   with   the    provisions    of   this    act,    said 
legislative  body  of  said  city,  town  or  municipal  corporation,  shall   cause 
notice  with  specifications  to  be  ported  conspicuously  for  five  days  on  or 


1941  SEWERS.  Act  3594,  §  6 

near  the  chamber  door  of  said  legislative  body,  inviting  sealed  proposals 
or  bids  for  doing  said  sewer  work  or  improvement,  and  shall  also  cause 
notice  of  said  work  inviting  said  proposals  and  referring  to  the  specifica- 
tions posted  or  on  file,  to  be  published  for  two  consecutive  insertions  in 
a  daily,  semi-weekly  or  weekly  newspaper,  published  and  circulated  in 
said  city,  town  or  municipal  corporation,  designated  by  said  legisla- 
tive body  for  that  purpose,  and  in  case  there  is  no  newspaper  published 
in  said  city,  town  or  municipal  corporation,  then  it  shall  only  be  posted 
as  hereinbefore  provided.  All  proposals  or  bids  offered  shall  be  accom- 
panied by  a  check,  payable  to  the  order  of  the  executive  officer  of 
said  city,  town  or  municipal  corporation,  certified  by  a  responsible  bank 
for  an  amount  which  shall  be  not  less  than  ten  (10%)  per  cent  of  the 
aggregate  of  the  proposal,  or  by  a  bond  for  the  said  amount,  and  so 
payable,  signed  by  the  bidder  and  by  two  sureties  who  shall  justify 
before  an  officer  competent  to  administer  an  oath,  in  double  such 
amount,  and  over  and  above  all  statutory  exemptions.  Said  proposals 
or  bids  shall  be  delivered  to  the  clerk  of  said  legislative  body,  and  said 
legislative  body  shall  in  open  session  examine  and  publicly  declare  the 
same.  Said  legislative  body  may  reject  any  or  all  proposals  or  bids 
should  it  deem  this  for  the  public  good,  and  shall  reject  all  proposals 
or  bids  other  than  the  lowest  proposal  or  bid  of  any  responsible  bidder, 
and  may  award  the  contract  for  said  work  or  improvement  to  the  lowest 
responsible  bidder  at  the  price  named  in  his  bid,  which  award  shall 
be  approved  by  the  executive  officer  of  said  city,  town,  or  municipal 
corporation,  or  a  three-fourths  vote  of  the  legislative  body  of  said  city, 
town  or  municipal  corporation.  If  not  approved  by  said  executive 
officer  or  a  three-fourths  vote  of  said  legislative  body,  without  further 
.proceedings  the  said  legislative  body  may  readvertise  for  proposals  or 
bids  for  the  performance  of  the  work  as  in  the  first  instance,  and 
thereafter  proceed  in  the  manner  in  this  section  provided,  and  shall 
thereupon  return  to  the  proper  parties  the  respective  checks  and  bonds 
corresponding  to  the  bid  so  rejected.  But  the  checks  acco-mpanying  such 
accepted  proposals  or  bids  shall  be  held  by  the  clerk  of  said  city,  town 
or  municipal  corporation,  until  the  contract  for  doing  said  work  has 
been  entered  into  by  said  lowest  bidder.  But  if  said  bidder  fails, 
neglects  or  refuses  to  enter  into  the  contract  to  perform  said  work 
•within  ten  days  after  said  contract  shall  have  been  awarded,  then  the 
certified  check  accompanying  his  bid  and  the  amount  therein  mentioned, 
shall  be  declared  to  be  forfeited  to  said  city,  town  or  municipal  cor- 
poration. The  said  legislative  body  shall  have  the  right  to  require  such 
bonds  as  they  may  deem  adequate  from  the  bidder  to  whom  the  con- 
tract for  said  work  or  improvement  is  awarded,  to  insure  the  faithful 
performance  of  said  contract.  Such  officer  of  said  city,  town  or  muni- 
cipal corporation  as  the  legislative  body  thereof  shall  designate,  is 
authorized,  in  his  official  capacity,  to  make  all  written  contracts  and  to 
receive  all  bonds  authorized  by  this  act,  and  is  authorized  to  fix  the 
time  for  the  commencement,  which  shall  not  be  more  than  fifteen  days 
from   the    date   of    the    contract,    and   for    the    completion   of    the    work 


Act  3594,  §  7  GENERAL  LAWS.  1942 

under  all  contracts  entered  into  by  him,  which  work  shall  be  prosecuted 
with  diligence  from  day  to  day  until  completion,  and  he  may  extend 
the  time  so  fixed  from  time  to  time  under  the  direction  of  said  legisla- 
tive body  of  said  city,  town  or  municipal  corporation;  provided,  how- 
ever, that  nothing  herein  contained  sliall  be  construed  as  prohibiting 
such  city,  town  or  municipal  corporation  itself  from  constructing  or 
completing  such  sewer  or  improvement,  and  buying  the  material,  and 
employing  the  labor  necessary  therefor;  provided,  however,  that  this 
section  shall  not  apply  where  sewer  systems,  or  any  part  of  a  sewer 
system,  already  constructed  has  been,  or  is  to  be  acquired  under  this 
act. 

And  provided,  further,  that  in  cities,  towns  and  municipal  corporations 
ofierating  under  a  charter  heretofore  or  hereafter  framed  under  section 
8,  article  11  of  the  constitution  of  the  state  of  California,  and  providing 
for  a  board  or  department  of  public  works,  all  the  things  required  in 
this  section  to  be  done  and  performed  by  the  legislative  body  of  the 
niunicipjilitv  shall  be  done  and  performed  by  the  board  or  department 
of  public  works  of  such  city,  town  or  municipal  corporation,  and  in 
case  such  charter  also  prescribes  the  manner  of  letting  and  entering 
into  contracts  for  the  furnishing  of  labor,  materials  or  supplies  for 
the  construction  or  completion  of  public  work  or  improvements,  ail 
contracts  for  the  construction  or  completion  of  sewer  work  or  improve- 
ment shall  be  let  and  entered  into  in  conformity  with  the  provisions 
of  such  charter. 

Tax  levy. 

§  7.  The  legislative  body  of  said  city,  town  or  municipal  corporation 
shall,  at  the  time  of  fixing  the  general  tax  levy,  and  in  the  manner  for 
such  general  tax  levy  provided,  levy  and  collect  each  year  upon  the 
])roperty  situated  within  such  sewer  district  formed  as  hercinbefare 
set  forth,  and  upon  such  property  only,  and  until  such  bonds  are  paid 
or  until  there  shall  be  a  sum  in  the  treasury  of  such  city,  town  or 
nuinici|)al  corporation  set  ai>art  for  that  purpose,  sufticient  to  meet  all 
Slims  coming  due  for  the  principal  and  interest  on  such  bonds,  a  tax 
sutlicient  to  pay  the  annual  interest  on  such  bonds,  and  also  such  part 
of  tiie  principal  thereof  as  shall  become  due  before  the  time  for  fixing 
the  next  general  tax  levy;  provided,  however,  that  if  the  maturity  ot 
the  indebtedness  created  by  the  issue  of  said  bonds  or  any  part  thereof 
be  made  to  begin  more  than  one  year  after  the  date  of  the  issuance 
of  such  bonds,  such  tax  shall  be  levied  and  collected  at  the  time  and 
in  the  manner  aforesaid  annually,  each  year,  sufficient  to  pay  the 
intt-rest  on  such  indebtedness  as  it  falls  due.  and  also  to  constitute  a 
sinking  fund  for  the  payment  of  the  principal  thereof,  on  or  before 
the  payments  herein  provided  for,  shall  become  due.  The  taxes  herein 
required  to  be  levied  and  collected  shall  be  in  addition  to  all  other 
taxes  levied  for  the  municipal  purposes,  and  shall  be  collected  at  the 
time,   and   in   the   manner,   afi   other   municipal   taxes   are   collected,   and 


1943  SEWERS.  Act  3597 

shall   be   used   for   no   other   purpose   than    the   payment    of   the   sum   or 
sums  of  money  due  on  said  bonds  and  the  accruing  interest  thereon. 

Duty  of  city  legislative  bodies  to  make  regxilations,  etc. 

§  8.  It  shall  1)0  the  duty  of  the  legislative  body  of  every  city,  town 
or  municipal  corporation,  wherein  sewer  work  or  improvement  is  being 
made  or  acquired  under  the  provisions  of  this  act,  to  make  all  needful 
rules  and  regulations  for  carrying  out  and  maintaining  such  sewer  work 
or  improvement,  to  appoint  all  needful  agents,  superintendents  and 
engineers  to  properly  look  after  the  construction  and  operation  of  such 
sewers;  provided,  that  in  cities,  towns  and  municipal  corporations 
operating  under  a  charter  heretofore  or  hereafter  framed  under  section 
8,  of  article  U  of  the  constitution  of  the  state  of  California,  and  hav- 
ing a  board  or  department  of  public  works,  all  the  matters  and  things 
required  in  this  section  to  be  done  and  performed  by  the  legislative 
body  of  the  municipality  shall  be  done  and  performed  by  the  board  or 
department  of  public  works  of  such  city,  town  or  municipal  corporation. 

This  act  provides  alternate  system.     Sewer  defined. 

§  9.  This  act  shall  in  nowise  affect  any  other  act  by  the  provisions 
of  which  sewer  work  or  imjirovement  may  be  done  within  or  by  any  city, 
town  or  municipal  corporation,  but  it  is  intended  to  and  does  provide  an 
alternate  system  of  proceedings  for  sewer  work  and  improvements,  and 
it  shall  be  within  the  discretionary  powers  of  the  legislative  body  of 
any  city,  town  or  municipal  corporation  to  proceed  in  making  such  im- 
provements either  under  the  provisions  of  this  act,  or  under  the  provi- 
sions of  any  other  act.  But  when  any  proceedings  are  commenced  under 
this  act  the  provisions  of  this  act  and  such  amendments  thereto  as  may 
hereafter  be  adopted,  shall  thereafter  apply  to  all  work  done  under  such 
proceedings  until  the  completion  thereof.  If,  after  certain  sewer  work 
or  improvement  has  been  done  or  sewers  acquired  under  provisions  of  this 
act,  the  legislative  body  of  any  city,  town  or  municipal  corporation  shall 
deem  it  necessary  or  convenient  to  construct  or  acquire  any  additional 
sewer  or  sewers,  it  shall  be  within  the  discretionary  powers  of  the  legis- 
lative body  of  any  city,  town  or  municipal  corporation  to  proceed  in 
making  such  improvement  either  under  the  provisions  of  this  act  or 
under  the  provisions  of  any  other  act  relative  thereto.  But  any  provi- 
sions contained  in  any  other  acts  in  conflict  with  the  provisions  hereof 
shall  be  void  as  to,  and  of  no  effect  upon,  proceedings  commenced  under 
the  provisions  of  this  act,  except  as  herein  provided. 

The  word  "sewer,"  as  used  in  this  act,  shall  be  deemed  to,  and  is 
hereby  declared  to,  include  sewers  for  sanitary  or  drainage  purposes, 
drains  or  conduits  for  surface  or  storm  waters,  and  the  outlets  therefor. 

§  10.     This  act  shall  take  effect  immediately. 

ACT  3597. 

.  Citations.     Cal.   158/4G1. 


Act  3598,  §§  1,  2  GENERAL   LAWS.  1944 

ACT  3598. 

An  art  to  authorijce  the  legislative  body  of  a  municipality  to  CTeate  sewer 

districts  within  its  boundaries,  provide  a  system  of  sewer  bonds  for 

the  construction   of  sewers  therein,  and  to  provide  for  the  payment 

of  said  bonds. 

[Approved  February  13,  1911.     Stats.  1911,  p.  40.] 

Unconstitutional:    Brookes   ▼.   City   of   Oakland,    160   Cal.   423. 

Sewer  districts. 

§  1.  The  legislative  body  of  any  city,  tx)wn  or  municipal  corporation, 
incorporated  under  the  laws  of  this  state  may  create  from  time  to  timf. 
as  hereinafter  provided,  within  such  city,  town  or  municipal  corporation, 
separate  sewer  districts  whenever  in  the  judgment  of  such  legislative 
body  it  may  be  necessary  or  convenient  for  the  proper  sanitation  and 
drainage  of  such  districts  to  construct  any  sewer  or  sewers  therein,  and 
may  designate  such  districts  by  distinctive  names  and  numbers  and  may 
as  hereinafter  provided,  provide  for  the  incurring  of  indebtedness  to  pay 
for  the  cost  of  tlie  construction   of  sewers  in  such  districts. 

Two-thirds  vote  of  city  board.     Elections. 

§  2.  Whenever  tlie  legislative  body  of  any  such  city,  town  or  munici- 
pal corporation,  shall,  by  resolution  passed  (by  a  vote)  of  two  thinls  of 
ail  its  members  and  approved  by  the  executive  of  such  municipality,  de- 
termine tiiat  the  i>ublic  interest  or  convenience  requires  the  construetion 
of  a  sewer  or  any  sewers  in  any  part  of  the  territory  of  such  municipality, 
said  legislative  body  shall  describe  in  said  resolution  a  district,  naming 
and  numbering  the  same  as  hereinabove  provi<lcd,  and  declare  said  dis- 
trict to  be  the  district  benefited  by  said  work  or  improvement,  and  may. 
at  any  subsequent  meeting,  by  ordinance  passed,  by  a  vote  of  two  third- 
of  all  of  its  members,  and  also  approved  by  the  said  executive,  adopt 
jilans  and  specifications  for  the  projiosed  sewer  work  and  also  describe 
tlio  territorial  district  upon  which  the  expense  of  such  proposed  sewer 
work  or  improvement  shall  be  chargeable,  as  hereinafter  provided,  and 
shall  provide  therein  for  a  special  election  to  be  held  in  such  sewer  di? 
trict.  At  such  election  there  shall  be  submitted  to  the  qualified  elector- 
of  such  city,  town  or  municipal  corporation,  residing  within  such  sewer 
district,  the  i)roposition  of  incurring  imlcbtedness  for  the  purposes  set 
forth  in  said  resolution,  and  no  question  other  than  the  incurring  of  th< 
indebtedness  for  such  purposes  shall  be  submitted  at  such  special  clec 
tion.  The  ordinance  calling  such  special  election  shall  also  recite  the 
objects  and  purposes  for  which  the  proposed  indebtedness  is  to  be  in- 
curroti,  the  estimated  cost  of  the  proposed  sewer  work,  the  amount  of  the 
])rincipal  of  the  indebtedness  to  bo  incurred  therefor,  and  the  rate  of 
interest  to  be  paid  on  said  indebtedness,  and  shall  fix  the  date  on  which 
such  special  election  shall  be  held,  the  manner  of  holding  such  eleetion, 
•  ind  the  m.iniier  of  voting  for  or  against  the  incurring  of  such  indebted- 
ness.    In  all  particulars  not  recited  ia  such  ordinance,  such  election  sli.ill 


1945  SEWERS.  Act  3598,  §§  3, 4 

be  held  as  is  provided  by  law  for  holding  general  municipal  elections  in 
such  city,  town  or  municipal  corporation.  The  maximum  rate  of  interest 
to  be  paid  on  such  indebtedness  shall  be  six  (G%)  per  cent  per  annum, 
payable  semi-annually. 

Ordinance  to  be  published.     Two-thirds  vote  of  electors.     Resubmission. 

§  3.  Said  ordijiaiice  sliall  bo  published  once  a  day  for  five  days,  prior 
to  the  date  set  for  such  election  in  some  newspaper  of  general  circulation 
designated  by  the  •legislative  body  of  said  city,  town  or  municipal  cor- 
poration, which  newspaper  is  published  once  a  day  for  at  least  six  days 
a  week  in  such  municipality,  or  said  ordinance  shall  be  published  once  a 
wci'k  for  two  weeks  prior  to  the  date  set  for  such  election,  in  some  news- 
pa]>er  of  general  circulation  designated  by  said  legislative  body,  and 
published  less  than  six  days  a  week  in  such  municipality,  and  one  inser- 
tion thereof  in  such  last  described  newspaper  each  week  for  two  succeed- 
ing weeks  prior  to  the  date  set  for  such  election  by  the  legislative  body 
of  said  city,  town  or  municipal  corporation,  shall  be  a  sufficient  publica- 
tion in  such  newspaper  published  less  than  six  days  a  week. 

In  municipalities  where  no  such  newspaper  is  published,  such  ordi- 
nance shall  be  posted  in  three  public  places  in  the  said  sewer  district  for 
two  succeeding  weeks  prior  to  the  date  set  for  such  election  by  the 
legislative  body  of  said  city,  town  or  municipal  corporation.  No  other 
notice  of  such  election  need  be  given.  It  shall  require  the  affirmative 
votes  of  two-thirds  of  all  the  aforesaid  qualified  electors  of  said  sewer 
district  voting  at  such  special  election,  to  authorize  the  incurring  of  said 
indebtedness  and  the  issuance  of  bonds  therefor  as  provided  herein; 
provided,  however,  if  the  proposition  so  submitted  at  such  election  fail 
to  receive  the  requisite  number  of  votes  of  the  aforesaid  qualified  electors 
of  such  sewer  district,  voting  at  such  election  to  incur  the  indebtedness 
for  the  purpose  specified,  the  legislative  branch  of  such  municipality  shall 
have  no  power  or  authority  within  six  months  after  such  election,  to  pass 
any  ordinance  calling  another  election  for  incurring  any  indebtedness  for 
sewer  work  within  any  sewer  district  which  has  within  its  boundaries 
any  of  the  territory  of  the  district  in  which,  at  said  election,  the  requisite 
number  of  votes  for  the  issuance  of  said  bonds  has  not  been  cast  there- 
for. 

Bonds  issued  in  name  of  city.     How  payable.     Denominations.    By  whom 
signed.     Coupons.     OflBcer  ceasing  to  be  officer. 

§  4.  All  bonds  issued  under  the  provisions  of  this  act  shall  be  issued 
in  the  name  of  the  city,  town  or  municipal  corporation  in  which  such 
sewer  district  has  been  formed,  and  shall  be  payable  in  the  following 
manner;  a  part  to  be  determined  by  the  legislative  body  of  the  munici- 
pality, which  part  shall  not  be  less  than  the  one-fortieth  part  of  the  whole 
kmoiint  of  such  indebtedness,  shall  be  payable  each  and  every  year  on  a 
day  and  date,  and  at  a  place  within  the  United  States,  to  be  fixed  by 
the  legislative  body  of  the  city,   town  or  municipal  corporation  issuing 


Act  3598,  §§  5, 6  general  laws,  1946 

the  said  bomls,  and  designated  in  such  bonds,  together  with  the  interest 
on  all  sums  unpaid  at  such  date,  until  the  whole  of  said  indebtedness  shall 
have  been  paid. 

The  bonds  shall  be  issued  in  such  denominations  as  the  legi!?lati%'e  body 
of  the  municijiality  may  determine,  except  that  no  bonds  shall  be  of  a 
less  denomination  than  one  hundred  dollars,  nor  of  a  greater  denomina- 
tion than  one  thousand  dollars,  and  shall  be  payable  on  the  day,  and  at 
the  place,  fixed  in  such  bonds,  and  with  interest  at  the  rate  specified  in 
such  bonds,  which  rate  shall  not  be  in  excess  of  six  per  cent  per  annum, 
and  shall  be  payable  semi-annually,  and  said  bonds  shall  be  signed  by 
any  officer  of  said  city,  town  or  municipal  corporation  designated  for  that 
jairpose  by  the  city  council,  board  of  trustees  or  other  legislative  body 
of  such  city,  town  or  municipal  corporation,  by  resolution  adopted  by 
two-thirds  vote  of  all  its  members,  and  shall  also  be  signed  by  the  treas- 
urer thereof,  and  shall  be  countersigned  by  the  clerk  of  such  city,  town 
or  municipal  corporation.  The  coupons  of  said  bonds  shall  be  numbered 
consecutively  and  signed  by  the  treasurer. 

In  case  any  of  such  ofHcers  whose  signatures  appear  on  the  bonds  or 
eoufjons  shall  cease  to  be  such  ofliccr  before  the  delivery  of  such  bonds 
to  the  purchaser,  siu-h  signatures  or  countersignatures  shall  nevertheless 
be  valid  and  sufficient  for  all  purposes,  the  same  as  if  such  olTuers  had 
remaiaed  in  office  until  the  delivery  of  the  bonds. 

Sale  of  bonds. 

§  5.  The  legislative  body  of  the  city,  town  or  municipal  corporation 
within  whose  territory  such  sewer  district  has  been  created  as  herein 
provided,  may  issue  and  sell  said  bonds  at  not  less  than  their  par  value. 
and  the  proceeds  of  the  sales  of  such  bomls  shall  be  placed  in  the  munici 
ji.'il  treasury  to  the  credit  of  the  proper  sewer  district  fund  and  shall  be 
ajiplied  exclusively  to  the  juirposes  and  obi.'  t<  nuMif i.iiii.l  in  flu-  said 
ordinance. 

Calling  for  bids.  Beginning  work.  City  may  construct.  Cities  under 
charter. 
§  6.  Before  the  legi.>;lative  body  of  sui-h  city,  town  or  municipal  cor- 
poration shall  award  the  contract  for  doing  any  sewer  work  or  improve- 
ment, the  expense  of  which  is  to  be  paid  out  of  tlie  proceeds  of  sales  of 
the  bomls  issued  in  accordance  with  the  provisions  of  this  act,  said  legis- 
lative body  of  said  city,  town  or  municipal  corporation,  shall  cause  notice 
witli  specifications  to  be  posted  conspicuously  for  five  days  on  or  near 
the  chamber  door  of  said  legislative  body,  inviting  sealed  proposals  or 
bids  for  doing  said  sewer  work  or  improvement,  and  shall  also  cause 
notice  of  said  work  inviting  said  proposals  and  referring  to  the  specifica- 
tions jKisted  or  on  file,  to  be  jniblished  for  two  consecutive  insertions  in 
a  daily,  semi-weekly,  or  weekly  newspaper,  published  and  circulated  in 
said  city,  town  or  municipal  corporation,  designated  by  said  legislative 
body   for   that   purpose,  and   in   case  tlu>re   is   no  newspaper  published   in 


1947  SEWERS.  Act  3598,  §  6 

said  city,  town  or  municipal  corporation,  then  it  shall  only  be  posted 
as  hereinbefore  provided.  All  proposals  or  bids  offered  shall  be  accom- 
panied by  a  cheek,  payable  to  the  order  of  the  executive  officer  of  said 
city,  town  or  nuinicipal  corporation,  certified  by  a  responsible  bank  for 
an  amount  which  shall  bo  not  less  than  ten  (10%)  per  cent  of  the  aggre- 
gate of  the  proposal,  or  by  a  bond  for  the  said  amount,  and  so  payable, 
signed  by  the  bidder  and  by  two  sureties  who  shall  justify  before  an 
officer  competent  to  administer  an  oath,  in  double  such  amount,  and  over 
and  above  all  statutory  exemptions.  Said  proposals  or  bids  shall  be 
delivered  to  the  clerk  of  said  legislative  body  and  said  legislative  body 
shall  in  open  session  examine  and  publicly  declare  the  same.  Said  legis- 
lative body  may  reject  any  or  all  projtosals  or  bids  should  it  deem  this 
for  the  public  good,  and  shall  reject  all  {)roposals  or  bids  other  than  the 
lowest  proposal  or  bid  of  any  responsible  bidder,  and  may  award  the 
contract  for  said  work  or  improvement  to  the  lowest  responsible  bidder 
at  the  price  named  in  his  bid,  which  award  shall  be  approved  by  the 
executive  officer  of  said  city,  town  or  municipal  corporation,  or  a  three- 
fourths  vote  of  the  legislative  body  of  said  city,  town  or  municipal  cor- 
poration. If  not  approved  by  said  executive  officer  or  a  three-fourths 
vote  of  said  legislative  body,  without  further  proceedings  the  said  legis- 
lative body  may  readvertise  for  proposals  or  bids  for  the  performance 
of  the  work  as  in  the  first  instance,  and  thereafter  proceed  in  the  manner 
in  this  section  provided,  and  shall  thereupon  return  to  the  proper  parties 
the  respective  checks  and  bonds  corresponding  to  the  bid  so  rejected. 
But  the  checks  accompanying  such  accepted  proposals  or  bids  shall  be 
held  by  the  clerk  of  said  city,  town  or  municipal  corporation,  until  the 
contract  for  doing  said  work  has  been  entered  into  by  said  lowest  bidder. 
But  if  said  bidder  fails,  neglects  or  refuses  to  enter  into  the  contract  to 
perform  said  work  within  ten  days  after  said  contract  shall  have  been 
awarded,  then  the  certified  check  accompanying  his  bid  and  the  amount 
therein  mentioned  shall  be  declared  to  be  forfeited  to  said  city,  town  or 
municipal  corporation.  The  said  legislative  body  shall  have  the  right  to 
require  such  bonds  as  they  may  deem  adequate  from  the  bidder  to  whom 
the  contract  for  said  work  or  improvement  is  awarded,  to  insure  the 
faithful  performance  of  said  contract.  Such  officer  of  said  city,  town  or 
municipal  corporation  as  the  legislative  body  thereof  shall  designate,  is 
authorized,  in  his  official  capacity,  to  make  all  written  contracts  and  to 
receive  all  bonds  authorized  by  this  act,  and  is  authorized  to  fix  the  time 
for  the  commencement,  which  shall  not  be  more  than  fifteen  days  from 
the  date  of  the  contract,  and  for  the  completion  of  the  work  under  all 
contracts  entered  into  by  him,  which  work  shall  be  prosecuted  with  dili- 
gence from  day  to  day"  until  completion,  and  he  may  extend  the  time 
so  fixed  from  time  to  Hme  under  the  direction  of  said  legislative  body 
of  said  city,  town  or  municipal  corporation;  provided,  however,  that 
nothing  herein  contained  shall  be  construed  as  prohibiting  such  city, 
town    or    municipal   corporation    itself    from    constructing   or    completing 


Act  3598,  §§  7, 8  general  laws.  1948 

such  sewer  or  improvement,  and  buying  the  material,  and  employing  the 
labor  necessary  therefor. 

And  provided,  further,  that  in  cities,  towns  and  municipal  corpora- 
tions ojierating  under  a  cliarter  heretofore  or  hereafter  framed  under 
section  8,  article  11  of  the  con.stitution  of  the  state  of  California,  and 
providinfj  for  a  board  or  department  of  public  works,  all  the  things 
required  in  this  8<ction  to  be  done  and  perfcrnied  by  the  legislative  body 
of  tlie  municipality  shall  be  tlone  and  performed  by  the  board  of  de- 
p!irtnient  of  public  works  of  such  city,  town  or  municipal  corporation, 
and  in  case  such  charter  also  prescribes  the  manner  of  letting  and  enter- 
ing into  contracts  for  the  furnishing  of  labor,  materials  or  supplies  for 
the  construction  or  completion  of  public  work  or  improvements,  all  con- 
tracts for  the  construction  or  completion  of  sewer  work  or  improvement 
shall  be  let  and  entered  into  in  conformity  with  the  provisions  of  such 
charter. 

Levy  of  sewer  tax.    How  used.     City  not  liable. 

§  7.  The  legislative  body  of  said  city,  town  or  municipal  corporation 
shall,  at  the  time  of  fixing  the  general  tax  levy,  and  in  the  manner  for 
such  general  tax  levy  provided,  levy  and  collect  each  year  upon  the 
property  situated  within  such  sewer  district  formed  as  hereinbefore  set 
forth,  and  upon  such  i)roperty  only,  and  until  said  bonds  are  paid  or 
until  there  shall  be  a  sum  in  the  treasury  of  such  city,  town  or  munici- 
pal corporation  set  apart  for  that  purpose,  sufficient  to  meet  all  spurns 
coming  due  for  the  principal  and  interest  on  such  bonds,  a  tax  sufficient 
to  pay  the  annual  interest  on  such  bonds,  and  also  such  part  of  the 
principal  thereof  as  shall  become  due  before  the  time  for  fixing  the  next 
general  tax  levy;  provided,  however,  that  if  the  maturity  of  the  indebted- 
ness created  by  the  issue  of  said  bonds  or  any  part  thereof,  be  made  t  > 
begin  more  than  one  year  after  the  date  of  the  issuance  of  such  bonds, 
such  tax  shall  be  levied  and  collected  at  the  time  and  in  the  manner 
aforesaid,  annually,  each  year,  sullicient  to  jiay  the  interest  on  such  in- 
debtedness as  it  falls  due,  and  also  to  constitute  a  sinking  fund  for  the 
[layment  of  the  principal  thereof,  on  or  before  the  payments  herein  pro- 
vided for,  shall  become  due. 

The  taxes  herein  required  to  be  levied  and  collected,  shall  be  in  addi- 
tion to  all  other  taxes  levied  for  municipal  purposes,  and  shall  be  col- 
lected at  the  time,  and  in  the  manner,  as  other  municipal  taxes  are  col- 
lected, and  shall  be  used  for  no  other  purpose  than  the  payment  of  the 
sum  or  sums  of  money  duo  on  said  bonds  anil  the  accruing  interest 
thereon,  and  it  is  hereby  expressly  provided  that  the  city,  town  or  munici- 
pal corporation  issuing  bonds  for  the  purposes  and  in  the  manner  pro- 
vided in  this  act  shall  not  in  any  event  whatsoever  be  liable  for  the 
payment  of  the  said  bonds  so  issued  ui.der  the  provisions  of  this  act, 
nor  any  part  thereof. 

Rules. 

§  8.  Tt  shall  be  the  duty  of  the  legiplitive  body  of  every  city,  town 
or   municipal   corp«iration,   wherein  sewer   work  or  improvement   is  being 


1949  BEWERS.  Act  3598,  §§9-12 

made  under  the  provisions  of  this  act,  to  make  all  needful  rules  and 
regulations  for  carrying  out  and  maintaining  such  sewer  work  or  im- 
provement, to  appoint  all  needful  agents,  superintendents  and  engineers 
to  properly  look  after  the  construction  and  operation  of  such  sewers; 
provided,  tliat  in  cities,  towns  and  municipal  corporations  operating  under 
a  charter  iieretofore  or  hereafter  framed  under  section  8  of  article 
11  of  the  constitution  of  tlie  state  of  California,  and  having  a  board  or 
department  of  public  works,  all  the  matters  and  things  required  in  this 
section  to  be  done  and  performed  by  the  legislative  body  of  the  munici- 
pality shall  bo  done  and  performed  by  the  board  or  department  of  public 
works  of  such   city,  town  or  municipal  corporation. 

Treasurer  to  give  bond. 

§  9.  Whenever  the  legislative  branch  of  any  municipality  shall,  by 
resolution,  deem  it  necessary,  they  may  require  the  treasurer  of  such 
municipality  to  give  additional  bonds  for  the  safe  custody  and  care  of 
the  funds  received  by  him  pursuant  to  the  provisions  of  this  act. 

This  act  does  not  affect  other  acts. 

§  10.  This  act  shall  in  nowise  affect  any  other  act  by  the  provisions 
of  which  sewer  work  or  improvement  may  be  done  within  or  by  any  city, 
town  or  municipal  corporation,  but  is  intended  to  and  does  provide  an 
alternate  system  of  proceedings  for  sewer  work  or  improvements,  and 
it  shall  be  within  the  discretionary  powers  of  the  legislative  body  of 
any  city,  town  or  municipal  corporation  to  proceed  in  making  such  im- 
provements either  under  the  provisions  of  this  act  or  under  the  provisions 
of  any  other  act.  But  when  any  proceedings  are  commenced  under  this 
act,  the  provisions  of  this  act  and  such  amendments  thereto  as  may  here- 
after be  adopted  shall  thereafter  apply  to  all  work  done  under  such 
proceedings  until  the  completion  thereof.  If,  after  certaia  sewer  work 
or  improvement  has  been  done  under  the  provisions  of  this  act,  the 
legislative  body  of  any  city,  town  or  municipal  corporation  shall  deem 
it  necessary  or  convenient  to  construct  any  additional  sewer  or  sewers, 
it  shall  be  within  the  discretionary  powers  of  the  legislative  body  of  any 
such  city,  town  or  municipal  corporation  to  proceed  in  making  such  im- 
provement either  under  the  provisions  of  this  act  or  under  the  provisions 
of  any  other  act  relative  thereto.  But  any  provision  contained  in  any 
other  acts  in  conflict  with  provisions  hereof  shall  be  void  as  to,  and  of 
no  effect  upon,  proceedings  commenced  under  the  provisions  of  this  act, 
except  as  herein  provided. 

Definition:   "Sewer." 

§  11.  The  word  "sewer"  as  used  in  this  act  shall  be  deemed  to,  and  is 
hereby  declared  to,  include  sewers  for  sanitary  or  drainage  purposes, 
drains  or  conduits  for  surface  or  storm  waters,  and  the  outlets  therefor. 

§  12.     This   act  shall  take  effect  immediately. 


Acts  3620-3670  general  laws.  1950 

TITLE  459. 

SHEEP. 
ACT  3620. 

An  act  to  create  the  offire  of  sheep  inspector  for  the  state  of  Cilifornia, 
to  provide  for  tho  appointment,  and  to  define  the  powers  and  duties 
of  said  officer  and  his  deputies,  and  their  compensation,  and  provid- 
ing for  the  prosecution  of  ofifenses  under  the  same,  and  to  suppress 
and  prevent  dissemination  of  scab  among  sheep.  [Approved  March 
24,  1!)():{.  Stats.  1903,  p.  372.] 
Repealed  March  7,  1911   (Statt.  1911,  p.  294), 

ACT  3622. 

An  act  |)roviding  for  the  inspection  of  sheep,  the  appointment  of  a 
boarcl  of  sheep  commissioners  and  for  the  appointment  of  in- 
spectors, prescribing  their  powers  and  duties,  fixing  their  compensa- 
tion, and  providing  for  the  raising  of  funds  to  pay  the  same,  and 
providing  penalties  for  the  violation  hereof.  [Approved  March  23, 
1907.  Stats.  1907,  p.  905.] 
Repealed  March  7,  1911   (Stats.   1911,  p.  294). 

TITLE  466a. 

SMELTEBS. 
ACT  3670. 

An  act  providing  for  the  investigation  bv  the  state  veterinarian,  the 
secretary  of  tlic  state  board  of  health  and  the  state  commissioner 
of  horticulture  of  injury  to  animal  life  and  vegetation  in  r'aljfor- 
nia,  caused  by  smelter  wastes,  and  making  an  appropriation  there- 
for. 

[Approved   .Tune    16,    1913.     Stats.    1913,   p.    1147.] 

Investigation  of  damage  caused  by  smelters. 

§  1.  The  state  veterinarian,  the  sci-rctary  of  the  state  board  of 
health  and  the  state  commissioner  of  horticulture,  said  oflRcers  now 
existing  under  the  laws  of  this  state,  are  hereby  directed  and  empowered 
to  cause  to  be  prosecuted  with  all  possible  diligence  an  investigation 
of  the  injury,  as  well  as  the  extent  thereof,  to  animal  life  and  vegeta- 
tion in  the  stale  of  California  caused  by  smelter  wastes  that  emanate 
from  establishments  or  smelting  plants  where  metal  is  extracted  from 
ores. 

Report. 

§  2.  The  said  state  veterinarian,  the  secretary  of  the  state  board  of 
he.ilth  and  the  state  commissioner  of  hortiiulture  shall,  upon  contple- 
tion  of  such  investigation,  make  a  rejiort  in  writing  to  the  governor  of 
the  state  of  California  giving  in  full  all  the  facts  and  circumst.inres 
ascertained  in  such  investigation,   and   if  as  a   result   of  such  investiga- 


1951  SOLDIERS  AND  SAILORS.  Act  3693,  §§  1,  2 

tion  it  shall  be  ascertained  that  the  wastes  from  any  such  establish- 
ment or  smelting  plant  are  causing  serious  injury  to  animal  life  or 
vegetation,  it  shall  be  the  duty  of  the  governor  to  notify  the  attorney 
general  of  this  state  of  the  facts  and  circumstances  therewith,  and 
thereafter  it  shall  be  the  duty  of  the  said  attorney  general  to  bring 
an  action  in  the  name  of  the  people  of  the  state  of  California  against 
the  person  or  persons,  company  or  corporation  owning  or  in  control 
of  such  establishment  or  smelting  plant  to  discontinue  the  discharge 
of  wastes  that  are  harmful  to  animal  life  or  vegetation. 

Appropriation. 

§  3.  The  sum  of  five  thousand  ($5,000)  dollars  is  hereby  appropriated 
out  of  any  money  in  the  state  treasury  not  otherwise  appropriated  to 
be  px[)onded  by  the  said  state  veterinarian,  the  secretary  of  the  state 
board  of  health  and  state  commissioner  of  horticulture  in  carrying  out 
the  purposes  of  this  act  and  the  state  controller  is  hereby  authorized 
and  directed  to  draw  his  warrants  from  time  to  time  to  the  full  amount 
of  this  appropriation,  in  favor  of  the  person  or  persons  authorized  by 
law  to  receive  the  same,  and  the  state  treasurer  is  hereby  directed  to 
pay  the  same. 

TITLE  469. 

SOLDIERS  AND   SAILORS. 
ACT  3693. 

To  provide  for  the  burial  of  ex-Union  soldiers,  sailors,  and  marines  dying 
without   leaving   sufficient   means   to   defray   burial   expenses. 
[Stats.   1889,  p.  198.] 
Amended  1901,  p.  596;   1911,  p.  479;    1913,  p.  330. 

The  amendments  of  1911  and  1913  are  as  follows: 

Soldiers,  sailors  and  marines  may  be  buried  at  county  expense. 

§  1.  It  shall  be  the  duty  of  the  board  of  supervisors  of  each  county 
in  this  state  to  designate  a  proper  person  in  the  county,  whose  duty  it 
shall  be  to  cause  to  be  decently  interred  the  body  of  any  honorably  dis- 
charged soldier,  sailor  or  marine,  who  shall  have  served  in  the  army 
or  navy  of  the  United  States,  or  the  widow  of  any  such  honorably  dis- 
charged soldier,  sailor  or  marine  who  maj'  hereafter  die  without  having 
sufficient  means  to  defray  funeral  expenses.  Such  burial  shall  not  be 
made  in  any  cemetery  or  burial  ground,  or  any  portion  of  such  cemetery 
or  burial  ground,  used  exclusively  for  the  burial  of  the  pauper  dead. 
The  expenses  of  each  burial  shall  not  exceed  the  sum  of  seventy-five 
dollars  ($75).  [Amendment  approved  March  24,  1911;  Stats.  1911, 
p.  479.] 

A  county  chaxge. 

§  2.  The  expenses  of  such  burial  shall  be  paid  by  the  county  m 
which  said  soldier,  sailor  or  marine,  or  the  widow  of  any  such  honorably 


Act  3693,  §§  3, 4  general  laws.  19. "32 

discharged  soldier,  sailor  or  marine,  dies;  but  if  snch  deceased  person 
has  a  residence  in  any  other  county  in  this  state  than  the  one  paying 
the  expenses,  the  county  wherein  said  soldier,  sailor  or  marine,  or  the 
widow  of  such  soldier,  sailor  or  marine  shall  have  resided,  shall  refund 
the  money  advanced  by  the  county  where  such  person  died.  Expenses 
of  such  burial  shall  be  audited  and  paid  as  other  accounts  are  audited 
and  paid  by  the  county;  provided,  that  this  act  shall  noit  apply  to  siuli 
soldiers,  sailors  or  marines  whe  may  hereafter  die  in  the  national  or 
state  soldiers'  home  in  this  state.  [Amendment  approved  March  24. 
1011;   Rtats.   1011,  p.  470.] 

Duty  of  person  appointed. 

§  3.  It  shall  be  the  duty  of  the  person  appointed,  as  provided  i'l 
section  1  of  this  act,  before  he  assumes  the  charge  and  expenses  of  any 
such  burial,  to  first  satisfy  himself,  by  a  careful  inquiry  into  and  exam 
ination  of  all  the  circumstances  in  the  case,  that  the  family  of  such 
deceased  soldier,  sailor  or  marine,  if  said  person  had  any  at  the  time 
of  his  decease  residing  in  such  county,  is  unable  for  want  of  means  to 
defray  the  expenses  of  such  burial  or  funeral;  and  if  he  finds  such 
inability  to  exist  he  shall  cause  such  deceased  soldier,  sailor  or  marine, 
ar  the  widow^of  such  soldier,  sailor  or  marine,  to  be  buried  as  provided 
in  this  act,  and  he  shall  immediately  report  his  action  to  the  clerk  of 
the  board  of  supervisors  of  the  county,  stating  forthwith,  all  the  facts, 
and  that  he  found  tlie  family  of  sucli  deceased  person,  if  he  had  any. 
in  indigent  circumstances,  and  unable  to  pay  the  expenses  of  8U(  ). 
funeral  or  burial,  together  with  the  name,  rank,  and  command  to  which 
ho  belonged  as  such  soldier,  sailor,  or  marine,  the  date  of  his  death, 
place  whore  buried,  and  his  occupation  while  living,  and  also  an  itemized 
statement  of  the  expenses  incurred  bv  reason  of  snch  burial.  [Amend 
mont  aj. proved   March  24,   1911;   Stats'.    1911,  p.  480.] 

Record  of  deceased  soldiers.     Headstones. 

§  4.  It  shall  be  the  duty  of  the  cUrk  of  the  board  of  supervisors, 
upon  receiving  the  report  and  statement  of  expenses  provided  for  in 
this  act,  to  transcribe  in  a  book  kept  for  that  purpose,  all  the  facts 
contained  in  such  report  respecting  such  deceased  soldier,  sailor,  or 
marine,  or  the  widow  of  such  soldier,  sailor  or  marine.  It  shall  also 
he  the  duty  of  said  clerk,  upon  the  death  and  burial  of  any  such  soldier, 
sailor  or  marine,  to  make  application  to  the  proper  authorities  under 
the  government  of  the  United  States,  for  a  suitable  headstone,  as  pro- 
vided by  act  of  Congress,  and  to  cause  the  same  to  be  placed  at  the 
head  of  such  soldier,  sailor,  or  marine's  grave,  the  expenses  of  which 
shall  not  exceed  the  sum  of  five  dollars  for  cartage  and  properly  setting 
each  stone,  and  it  shall  be  the  duty  of  the  board  of  supervisors  to  per- 
petually thereafter  suitably  and  properly  maintain  each  of  said  graves. 
The  expenses  thus  incurred  shall  be  audited  and  paid  as  provided  in 
section  2  of  this  act  for  burial  expenses.  [Amendment  approved  M.sv 
28,   1913;   Stats.   1913,  p.   330.] 

Also  amended  March  ■J4.   1911    (Stats.   1911.  p.  480). 


1053  SONOMA  CITY.  Acts  3705, 3706 

To  receive  no  compensation. 

§  5.  Tlie  person  appointed  as  provided  in  section  1  of  this  act  shall 
not  receive  any  coniponsation  for  any  duties  he  may  perform  in  compli- 
ance with  this  act,  [Amendment  approved  March  24,  1911;  Stats.  1911, 
p.  480.] 

TITLE  470. 

SONOMA  CITY. 
ACT  3705. 

An  act  appropriating  two  thousand  dollars  for  the  completing  of  the 
restoration  and  rebuilding  of  tlie  Mission  San  Francisco  de  Solano 
of  the   city   of   Sonoma,   (Jalifornia. 

[Approved  June  6,  1913.     Stats.   191.3,  p.  896.] 

Appropriation:  Completing  restoration,  Mission  San  Francisco  de  Solano. 
§  1.  There  is  hereby  appropriated  out  of  any  funds  of  the  state 
available  therefor,  the  sum  of  two  thousand  dollars  for  the  completing 
of  the  restoration  and  rebuilding  of  the  Mission  San  Francisco  de  Solano 
at  the  city  of  Sonoma,  California,  the  said  money  to  be  expended  under 
the  direction  of  the  state  engineering  department  in  accordance  with 
the  provisions  of  an  act  entitled  "An  act  to  regulate  contracts  on  be- 
half of  the  state  in  relation  to  the  erection,  construction,  alteration, 
repair  or  improvement  of  any  state  structure,  building,  road  or  other 
state  improvement  of  any  kind,  approved  March  22,  1909." 

ACT  3706. 

An  act   appropriating  the  sura  of  five  thousand  dollars  for  the  erection 

of  a  monument  to  commemorate  the  raising  of  the  bear  flag  in  the 

city  of  Sonoma. 

[Approved  June  16,   1913.     Stats.  1913,  p.  116.5.] 

Appropriation:  Bear  flag  monument. 

§  1.  The  sum  of  five  thousand  dollars  is  hereby  appropriated  out  of 
any  funds  in  the  state  treasury  not  otherwise  appropriated  for  the  pur- 
pose of  erecting  a  monument  to  commemorate  the  raising  the  bear  flag 
on  the  spot  where  the  flag  was  raised  in  the  city  of  Sonoma,  said  sum 
to  be  expended  by  the  bear  flag  monument  committee  of  Sonoma  Parlor 
No.  Ill,  Native  Sons  of  the  Golden  West,  under  the  supervision  of  the 
landmarks  committee  of  the  grand  parlor.  Native  Sons  of  the  Golden 
West,  the  state  engineering  department  and  state  board  of  control. 
123 


Acts  3730,  3741 


GENERAL  LAWS. 


1954 


TITLE  472a. 

SOXOMA   STATE   HOME. 

[Formerly  California  Home  for  the  Care  of  Feeble-minded  Children  at 

Eldridge.] 
ACT   3730. 

An  act  apy>ropriating  nineteen  thousand  dollars  therefor,  and  authorizing 
and  direrting  the  construction  and  furnishing  of  a  nursery  for  males, 
at  the  Sc/noma  State  Home,  at  Eldridge,  Sonoma  county,  California. 
[Approved  June  7,  1913.     Stats.   1913,  p.  875.] 

Appropriation:  Nursery  for  males,  Sonoma  State  Home. 

§  1.  Tli(>rc  is  horel)y  appropriiittii  out  of  anv  fiiii'ls  of  the  state  avail- 
able therefor  the  sum  of  nineteen  thousand  dollars  to  be  used,  paid  out 
and  expended  in  accordance  with  law,  for  the  purpose  of  constructing 
and  furnishing  a  nursery  building  for  males,  at  the  Sonoma  State  Home, 
at  Eldridge,  Sonoma  county,  Talifornia,  and  the  construction  and  furnish- 
ing of  said  building  are  hereby  authorized  and  directed.  Not  more  than 
seventeen  thousand  five  hundred  dollars,  thereof,  shall  be  expended  for 
the  construction  of  said  nursery,  and  not  more  than  one  thousand  five 
hundred  dollars  thereof  shall  be  expended  for  the  furnishing  thereof. 


TITLE  474a. 

SOUTH    SAX    FRANCISCO. 
ACT  3741. 

An  act  granting  to  the  city  of  South  San  Francisco  the  salt  marsh,  tide 
and  submerged  lands  of  the  state  of  California,  including  the  right 
to  wharf  out  therefrom  to  the  city  of  South  San  Francisco  and 
regulating  the  management,  use  and  control  thereof. 

[Approved  .Tune  11.  191.1.     Stats.  1913,  p.  701.] 

Tide  lands  granted  to.  Conditions  of  grant.  Franchises  for  wharves, 
etc.  Persons  in  possession.  Bight  of  state  to  use  wharves.  Right 
to  fish. 
§  1.  There  is  hereby  granted  to  the  city  of  South  San  l-Yancisco,  a 
municipal  corporation  of  the  state  of  California,  and  to  its  successors, 
all  the  right,  title  and  interest  of  the  state  of  California,  held  by  said 
state  by  virtue  of  its  sovereignty,  in  and  to  all  the  salt  marsh,  tide  and 
submerged  lands,  whether  filled  or  unfilled,  within  the  present  boundaries 
of  said  city,  and  situated  below  the  line  of  mean  high  tide  of  the 
Pacific  ocean,  or  of  any  harbor,  estuary,  bay  or  inlet  within  said  bound- 
aries, to  be  forever  held  by  said  city,  and  by  its  successors,  in  trust  for 
the  uses  and  purposes,  and  upon  the  express  conditions  following,  to  wit; 
That  said  lands  shall  be  used  by  said  city  and  its  successors,  solely 
for  the  establishment,  improvement  and  conduct  of  a  harbor,  and  for 
tlie  construction,  maintenance  and  operation   thereon  of  wharves,  docks, 


1955  SOUTH  SAN  FRANCISCO.  Act  3741,  §  1 

piers,  slii>s,  quays,  and  other  utilities,  structures  and  appliances  neces- 
sary or  convenient  for  the  promotion  and  accommodation  of  commerce 
and  navigation  and  said  city  or  its  successors,  shall  not,  at  any  time, 
grant,  convey,  give  or  alien  said  lands,  or  any  part  thereof,  to  any  in- 
dividual, firm  or  corporation  for  any  purpose  whatever;  provided,  that 
said  city,  or  its  successors,  may  grant  franchises  thereon,  for  limited 
periods,  for  wharves  and  other  public  uses  and  purposes,  and  may  lease 
said  lands,  or  any  part  thereof,  for  limited  periods  for  purposes  con- 
sistent with  the  trusts  upon  which  said  lands  are  held  by  the  state  of 
California  and  with  the  requirements  of  commerce  or  navigation  at 
said  harbor,  for  a  term  not  exceeding  twenty-five  years,  and  on  such 
other  terms  and  conditions  as  said  city  may  determine,  including  a 
right  to  renew  such  lease  or  leases  for  a  further  term  not  exceeding 
twenty-five  years  or  to  terminate  the  same  on  such  terms,  reservations 
and  conditions  as  may  be  stipulated  in  such  lease  or  leases,  and  said 
lease  or  leases  may  bo  for  any  and  all  purposes  which  shall  not  interfere 
with  navigation  or  commerce,  with  reversion  to  the  said  city,  on  the 
termination  of  such  lease  or  leases  of  any  and  all  improvements  thereon, 
and  on  such  other  terms  and  conditions  as  the  said  city  may  determine, 
but  for  no  purpose  which  will  interfere  with  navigation  or  commerce; 
subject  also  to  a  reservation  in  all  such  leases  or  such  wharfing  out 
privileges  of  a  street,  or  of  such  other  reservation  as  the  said  city  may 
determine  for  sewer  outlets,  and  for  gas  and  oil  mains,  and  for  hydrants, 
and  for  electric  cables  and  wires,  and  for  such  other  conduits  for  muni- 
cipal purpcses,  and  for  such  public  and  muni(*ipal  purposes  and  uses 
as  may  be  deemed  necessary  by  the  said  city;  provided,  however,  that 
each  person,  firm  or  corporation  or  their  heirs,  successors  or  assigns 
now  in  possession  of  land  or  lands  abutting  on  said  lands,  within  the 
boundaries  of  the  city  O'f  South  San  Francisco,  shall  have  the  right  to 
obtain  a  lease  for  a  term  of  twenty-five  years  from  said  city  of  said 
land  and  wharfing  out  privileges  therefrom  with  a  right  of  renewal 
for  a  further  term  of  twenty-five  years  pursuant  to  the  provisions  of 
this  act  and  on  such  terms  and  conditions  as  said  city  may  determine 
and  specify,  subject  to  the  right  of  said  city  to  terminate  said  lease 
at  the  end  of  the  first  twenty-five  years  or  refuse  to  renew  the  same, 
or  to  terminate  the  lease  so  renewed  during  the  term  of  such  renewed 
lease  on  such  just  and  reasonable  terms  for  compensation  for  improve- 
ments at  the  then  value  of  said  improvements  as  said  city  may  deter- 
mine and  specify.  Upon  obtaining  such  lease  and  wharfing  out  privileges 
such  person,  firm  or  corporation,  their  heirs  or  assigns,  shall  quitclaim 
to  said  city  any  right  they  or  any  of  them  may  claim  or  have  to  the 
said  lands"  hereby  granted'.  This  "grant  shall  carry  the  right  to  such 
city  of  the  rents,  issues  and  profits  in  any  manner  hereafter  arising 
from  the  lands  or  wharfing  out  privileges  hereby  granted.  The  state 
of  California  shall  have,  at  all  times,  the  right  to  use,  without  charge, 
all  wharves,  docks,  piers,  slips,  quays  and  other  improvements  con- 
structed on  said  lands  or  any  part  thereof,  for  any  vessel  or  other  water 


Act  3750,  §  1  GENERAL   LAWS.  1956 

craft,  or  railroad,  owned  or  operated  by  the  state  of  California.  No 
discrimination  in  rates,  tolls  or  charges  or  in  facilities  for  any  use  or 
service  in  connection  therewith  shall  ever  be  made,  authorized  or  per- 
mitted by  said  city  or  its  successors  in  the  management,  conduct  or 
ofieration  of  any  of  the  utilities,  structures  or  appliances  mentioned  in 
this  section.  There  is  hereby  reserved  in  the  people  of  the  state  of 
California  the  right  to  fish  in  the  waters  on  which  said  lands  may  front 
with  the  right  of  convenient  access  to  said  waters  over  said  lands  for 
said   purpose. 

Must  expend  two  hundred  and  fifty  thousand  dollars  within  five  years. 
Lands  may  revert  to  state. 
§  2.  The  foregoing  conveyance  is  made  upon  the  condition  that  the 
city  of  Suuth  Sitn  Francisco  shall,  within  five  years  from  the  ai)proval 
of  this  act,  exclusive  of  such  time  as  said  city  may  be  restrained  from 
so  doing  by  injunction  issued  out  of  any  court  of  this  state  or  of  the 
United  States,  and  exclusive  of  such  further  delay  as  may  be  caused 
b}'  unavoidable  misfortune  or  great  public  or  municipal  calamity,  issue 
its  bonds  for  harbor  improvement  purposes  in  an  amount  of  money  of 
not  less  than  two  hundred  and  fifty  thousand  dollars,  and  shall,  within 
five  years  after  the  approval  of  this  act,  exclusive  of  the  time  in  this 
section  hereinbefore  mentioned,  commence  the  work  of  such  harbor  im- 
provement, and  the  said  work  and  improvement  shall  be  prosecuted 
with  such  diligence  that  not  less  than  two  hundred  and  fifty  thousand 
dollars  shall  be  exjiende^l  thereon  within  five  years  from  the  approval  of 
this  act  exclusive  of  the  time  in  this  section  hereinbefore  mentioned. 
If  said  bonds  be  not  issued  or  said  work  be  not  prosecuted  and  com- 
pleted as  and  in  the  manner  herein  provided,  then  the  lands  by  this  act 
conveyed  to  the  city  of  South  San  Francisco  shall  revert  to  the  state  of 
California. 

TITLE    476. 

ST.\L  LIONS. 
ACT  3750. 
Au  act  to  regulate  the  public  service  of  stallions  and  jacks  in  the  state 

of   California. 
[Approved  May  1,  1911.     Stats.  1911,  p.   1306.] 

Jacks  and  stallions  for  public  service  to  be  registered. 

§  1.  Kvi'iy  association,  person,  firm  or  corporation  standing;  or  ofTer- 
ing  any  stallion  or  jack  for  public  service  in  this  state  shall  cause  the 
name,  description,  and  pedigree  of  such  stallion  or  jack  to  be  enrolled 
Viy  a  stallion  registration  board  hereinafter  provided  for,  and  secure  a 
license  from  said  board,  as  provided  in  section  3  of  this  act.  All  enroll- 
ment and  verification  of  pedigree  shall  be  done  in  the  office  of  the  secre- 
tary of  the  California  state  board  of  agriculture.  .\11  license  certificates 
for  stallions  or  jacks  issued  under  this  act  shall  thereupon  be  presented 


1957  STALLIONS,  Act  3750,  §§2-4 

to  and  recorclpd  by  the  county  recorder  of  the  county  or  counties  in  which 
said  stallion  or  jack  is  used  for  public  service. 

Stallion  registration  board.     Meetings.     Members. 

§  2.  Tn  order  to  carry  out  the  piovisions  of  this  act,  there  shall  be 
constituted  a  stallion  registration  board,  wiioso  duty  it  shall  be  to  verify 
and  register  pedigrees;  to  pass  upon  certificates  of  veterinary  examina- 
tion; to  provide,  when  necessary,  for  veterinary  inspection;  to  issue 
stallion  or  jack  license  certificates;  to  make  all  necessary  rules  and 
regulations;  and  to  perform  such  other  duties  as  may  be  necessary  to 
carry  out  and  enforce  the  provisions  of  this  act.  Said  board  shall  hold 
meetings  at  the  office  of  the  secretary  of  the  California  state  board  of 
agriculture  the  first  Tuesday  and  subsequent  days  of  February,  May, 
August  and  November  of  each  year,  and  sucTi  other  meetings  as  may  be 
necessary.  Said  stallion  registration  board  shall  be  composed  of  three 
members,  consisting  of  the  president  and  the  secretary  of  the  California 
state   board   of  agriculture   and  the   state   veterinarian. 

Stallion  must  be  free  from  disease,  etc. 

§  3.  In  order  to  obtain  the  license  certificate  herein  provided  for,  the 
owner  of  each  stallion  or  jack  shall  forward  an  aflSdavit  signed  by  a 
licensed  veterinarian  to  the  effect  that  he  has  personally  examined  such 
stallion  or  jack,  and  that,  to  the  best  of  his  knowledge  and  belief,  said 
stallion  or  jack  is  free  from  hereditary,  infectious,  contagious,  or  trans- 
missible disease  or  unsoundness.  The  owner  of  said  stallion  or  jack  shall 
also  furnish  to  the  stallion  registration  board  the  studbook  certificate 
of  registry  of  the  pedigree  of  the  said  stallion  or  jack  when  said  stallion 
or  jack  is  registered,  and  all  other  necessary  papers  relative  to  his 
breeding  and  ownership.  Upon  verification  of  pedigree  and  certificate  of 
breeding  (in  case  of  pure-bred  stallions  and  jacks),  and  receipt  of  veter- 
inarian's affidavit,  as  provided  for  in  this  act,  a  license  certificate  shall 
be  issued  to   the   owner. 

Diseases  which  disqualify. 

§  i.  The  presence  of  any  one  of  the  following  named  diseases  shall 
disqualify  a  stallion  or  jack  for  public  service,  and  the  examining  or 
inspecting  veterinarian  is  hereby  duly  authorized  to  refuse  to  give  an 
affidavit  of  soundness  to  the  owner  of  such  stallions  or  jacks  affected 
with  any  one  or  more  of  the  diseases  herein  specified  in  a  transmissible 
or  hereditary  form,  and  the  examining  or  inspecting  veterinarian  shall 
so  report  the  same  to  the  secretary  of  the  stallion  registration  board. 
Laryngeal  hemiplegia,  (roaring  or  whistling) ;  pulmonary  emphysema, 
(heaves,  broken  wind);  chorea,  (St.  Vitus'  dance,  crampiness,  shivering, 
stringhalt);  bone  spavin;  ring-bone;  sidebone;  navicular  disease;  osteop- 
orosis; curb,  when  accompanied  with  faulty  conformation  of  hock; 
glanders,  farcy;  maladie  du  coit;  urethral  gleet;  mange;  or  any  con- 
tagious or  infectious  disease,  and  the  said  board  is  hereby  authorized 
to   refuse  its  certificate  of  enrollment   for  any  stallion   or  jack  affected 


Act  3750,  §  §  5-7  general  laws.  1958 

with  any  one  of  the  diseases  hereinabove  mentioned  and  to  revoke  the 
previoui-ly  issued  enrollment  certificate  of  any  stallion  or  jack  found  on 
subsequent  examination  and  investigation  to  be  so  affected. 

Eecords.     Temporary  certificates. 

§  5.  The  stallion  registration  board  shall  make  and  keep  records  of 
all  stallions  and  jacks  enrolled  in  the  state  of  California;  sai<l  ptallions 
or  jacks  to  be  enrolled  as  "pure-bred,"  "cross-bred,"  "nonstandard  bred," 
"grade,"  or  "mongrel,"  according  as  the  facts  may  have  been  determined. 
T'pon  making  the  enrollment  of  said  stallion  or  jack,  said  stallion  registra- 
tion board  shall  issue  the  above  said  license.  The  stallion  registration 
Vtoard  is  authorized,  in  cases  of  emergency,  to  grant  temporary  license  cer 
tificates  without  veterinary^  examination,  upon  receipt  of  an  affidavit  of 
the  owner  to  the  effect  that*,  to  the  best  of  his  knowle<lge  and  belief,  said 
stallion  or  jack  is  free  from  infectious,  contagious,  or  transmissible  dis- 
ease or  unsoundness.  Temporary  license  certificate  shall  be  valid  only 
until  veterinary  examination  can  reasonably  be  made. 

Certificate  to  be  posted.     Advertisement  to  show  certificate  nnmber,  etc. 

§  6.  The  owner  of  any  stallion  or  jack  used  for  I'liblic  service  in  this 
state  shrill  post  and  keep  aflixcd,  during  the  entire  breeding  season,  coj.ies 
of  the  license  certificate  of  such  stallion  or  jack,  issued  under  the  pro- 
visions of  this  act,  in  a  conspicuous  place,  both  within  and  upon  the  out- 
side of  the  main  door  leading  to  every  stable  or  building  where  the 
said  stallion  or  jack  is  used  for  public  service.  Each  bill  and  poster  and 
each  newspaper  advertisement  shall  show  the  enrollment  certificate  num- 
ber, and  state  whether  it  reads  "pure-bred,"  "grade,"  "cross  bred,"  "non- 
standard bred"  "or  mongrel"  and  it  shall  be  illegal  to  print  or  advertise 
any  misleading  reference  to  the  breeding  of  eaid  stallion  or  jack,  his 
dam  or  his  sire. 

Form  of  certificate  of  stallion  or  Jack  of  pure  breeding.  Not  ptire  bred. 
Pure  bred  but  not  of  the  same  breed.  Not  standard-bred.  Mongrel. 
§  7.  The  license  certitiiate  issued  for  a  stallion  or  jack  whose  sire 
and  dam  are  of  pure  breeding,  and  the  pedigree  of  which  is  regip**red 
in  a  studbook  recognized  by  the  United  S'tates  department  of  agricul- 
ture, Washington,  D.  C,  an  act  regulating  the  importation  of  breeding 
animals,  approved  March  3,  1903,  shall  be  in  the  following  form: 

California  Stallion  Registration  Board. 

Cortificnte  of  jiure-bred  stallion  or  jack.  No. . 

The  ]iedigree  of  the  stallion  or  jack  (name) . 

Owned  by  . 

Bred  by  '- . 

Described  as  follows: 

Color  .  Breed  .  Foaled  in  the  year  ,  lias  been  duly  ex- 
amined, and  it  is  hereby  certified  that  the  said  stallion  or  jack  is  regis 
tered  as  number  iu  studbook,  said  studbook  being  recognized 


1959  STALLIONS.  Act  3750,  §  7 

and  certified  to  by  the  secretary  of  the  department  of  agriculture,  Wash- 
ington, D.  C,  and  is  of  pure  breeding.  The  above-named  stallion  or  jack 
has  been  examined  by  veterinarian,  and  is  reported  as  free  from  in- 
fectious, contagious  or  transmissible  disease  or  unsoundness,  and  ia 

licensed  to  stand  for  public  service  in  the  state  of  California. 

This  license  ex2>ires  on  ,  19 — . 

(Signed) , 

Secretary  California  Stallion  Registration  Board. 
Dated  this  ,  19 — ,  at  Sacramento,  Cal. 

The  license  certificate  issued  for  a  grade  stallion  or  jack,  whose  sire 
or  dam  is  not  pure  bred,  shall  be  in  the  following  form: 

California  Stallion  Registration  Board. 

Certificate  of  grade  stallion  or  jack.  No.  . 

The  pedigree  of  the  stallion  or  jack  (name)  . 

Owned  by . 

Bred  by . 

Described  as  follows: 

Color  .     Foaled  in  the  year  ,  has  been  duly  examined,  and  it 

is  hereby  certified  that  the  said  stallion  or  jack  is  not  of  pure  breeding, 
and  is,  therefore,  not  eligible  for  registration  in  any  studbook  recognized 
and  certified  to  by  the  secretary  of  the  department  of  agriculture,  Wash- 
ington,   D.    C.     The    above-named    stallion    has   been    examined    by , 

veterinarian,  and  is  reported  as  free  from  infectious,  contagious,  or  trans 

missible  disease  or  unsoundness,  and  is  licensed  to  stand  for  public 

Bervice  in  the  state  of  California. 

This  license  expires  on ,  19 — . 

(Signed) , 

Secretary  California  Stallion  Registration  Board. 

Dated  this  ,  19 — ,  at  Sacramento,  Cal. 

The  license  certificate  issued  for  a  stallion  whose  sire  and  dam  are 
pure  bred,  but  not  of  the  same  breed,  shall  be  in  the  following  form: 

California  Stallion  Registration  Board. 

Certificate  of  crossbred  stallion.  No.  . 

The  pedigree  of  the  stallion  (name)  . 

Owned  by . 

Bred  by . 

Described  as  follows: 

Color .     Foaled  in  the  year ,  has  been  duly  examined,  and  it  is 

found  that  his  sire  is  registered  in  the  studbook  as  number  , 

volume  ,  at  page  ,  and  his  dam  in  the  studbook  as  number 

,  volume  and  page  . 

Such  being  the  case,  the  said  stallion  is  not  eligible  for  registration  in 
any  studbook  recognized  and  certified  to  by  the  secretary  of  the  depart- 


Act  3750,  §7  GENERAL  LAWS.  19G0 

ment  of  agriculture,  Washington,  D.  C.  The  above-named  stallion  has 
heon  examinc'l  by  ,  veterinarian,  and  is  reported  as  free  from  infec- 
tious,  contagious   or   transmissible    disease    or    unsoundness,   and    is 

licensed  to  stand  for  [lubiic  service  in  the  state  of  California. 

This  license  expires  on  ,  19 — . 

(Signed) , 

Secretary  r'alifornia  Stallion  Registration  Board. 
Dated  this  ,  19 — ,  at  Sricramento,  Cal. 

The  liccuse  certificate  issued  for  a  nonstandard  bred  stallion,  shall  be 
in  the  following  form: 

California  Stallion  Kc;_'istrati<pn  Hoard. 

Certificate  of  nonstandard  bred  stallion,  No.  . 

The  pedigree  of  the  stallion  (name)  . 

Owne<l  by  . 

Bred  by  . 

Described  as  follows: 

Color .     Foaled  in  the  year ,  has  been  duly  examined,  and  it  ia 

hereby  certified  and  found  that  said  stallion  is  not  eligible  to  registration 
as  standard  bred,  and  for  the  j)urpose  of  this  license  is  not  pure  bred, 
although  recorded  in  the  nonstandard  department  of  the  American  trot- 
ting   register. 

The   above-named   stallion    has   been    examined   by   ,  veterinarian, 

and   is    reported    as     free     from     infe<tious,    contagious   or   transmissible 

disease  or  unsoundness,  and  is  licinsed  to  stand  for  public  service 

in  the  state  of  California. 

This  license  expires  on ,  19 — . 

(Signed) , 

Secretary  California  .Stallion  Registration  Board. 

Dated  this  ,  19 — ,  at  Sacramento,  Cal. 

California  Stallion  Registration  Board. 

Certificate  of  "mongrel"  stallion  or  jack.  No. . 

The    jiedigree,    as    far    as    known    or    traced,    of    the    stallion    or    jack 

(name)  . 

Owned  by  . 

Bred  by  . 

Described  as  follows: 

Color  .     Foaled  in  the  year  ,  h.ns  been  duly  examined,  and  it 

is  hereby  certified  that  the  said  stallion  or  jack  is  of  mongrel  bveding, 
and  is  not  eligible  for  registration  in  any  studbook  recognized  and  cer 
tified  to  bv  the  secretary  of  the  department  of  agriculture,  Washington, 
D.  C. 

The   above-named   stallion    h.ts   been    examined    by   ,    veterinarian, 

and  is    reported  as  free    from    infectious,    contagious,    or    transmissible 


I 


1961  STALLIONS.        Act  3750,  §§  8, 9 

disease  or  iinROiindTiess,  and  is  licensed  to  stand  for  public  service 

in  the  state  of  California. 

This  license  expires  on  ,   19 — . 

(Signed) , 

Secretary  California  Stallion  Registration  Board. 
Dated  this  ,  19 — ,  at  Sacramento,  Cal. 

Fee.     Transfer  of  ownership.     Duplicate  certificate. 

§  8.  A  foe  of  two  dollars  and  fifty  cents  shall  be  paid  to  the  secretary 
of  the  California  stallion  registration  board  for  the  examination  and  en- 
rollment of  each  stallion  or  jack  pedigree,  and  for  issuance  of  a  license 
certificate  in  accordance  with  the  breeding  of  the  stallion  or  jack  as 
above  provided,  and  shall  be  in  force  and  effect  for  a  period  of  one 
year  from  its  date,  and  for  the  purpose  of  carrying  out  the  provisions  of 
this  act.  The  fee  shall  be  paid  to  the  secretary  of  the  California  stallion 
registration  board  at  the  time  the  apjtlication  is  made  for  enrollment. 
Upon  a  transfer  of  the  ownershij)  of  any  stallion  or  jack  enrolled  under 
the  provisions  of  this  act,  the  certificate  of  enrollment  may  be  transferred 
to  the  transferee  by  the  secretary  of  the  California  stallion  registration 
board,  upon  submittal  of  satisfactory  proof  of  such  transfer  of  owner- 
ship, and  upon  payment  of  a  fee  of  one  dollar.  A  fee  of  one  dollar  shall 
be  paid  annually  for  the  renewal  of  a  license  certificate.  A  fee  of  one 
dollar  shall  be  paid  for  a  duplicate  license  certificate,  upon  proof  of  the 
loss  or  destruction  of  the  original  certificate. 

Examination  of  licensed  stallion  upon  complaint. 

§  9.  Every  stallion  or  jack  for  which  a  license  has  been  issued  shall 
be  exempt  from  further'  examination,  unless  from  later  developments  it 
becomes  known,  and  a  complaint  is  filed,  certified  to  by  three  men,  one 
of  whom  shall  be  licensed  veterinarian,  that  said  stallion  or  jack  has 
some  hereditary,  contagious,  or  infectious  disease  which  was  not  evident 
at  the  time  of  previous  examination.  When  such  complaint  is  made,  and 
a  request  for  examination  is  asked,  such  complaint  shall  be  filed  with 
the  secretary  of  the  California  stallion  registration  board,  who  shall  have 
another  examination  made,  but  the  owner  of  the  stallion  or  jack  shall 
have  the  right  to  select  a  veterinarian  legally  qualified  to  practice  as 
such  in  this  state,  to  act  with  such  examining  veterinary,  and  in  case 
these  two  shall  Tail  to  agree  upon  a  verdict  or  decision  these  two  veter- 
inarians shall  appoint  a  third  qualified  veterinarian,  with  the  consent  and 
approval  of  said  board  and  owner,  who  shall  act  as  referee  therein,  and 
the  decision  of  said  referee  shall  be  final.  If  such  complaint  is  found 
to  be  correct  it  shall  be  so  reported  to  the  secretary,  who  shall  revoke 
the  license  in  force;  provided,  that  the  owner  of  any  stallion  used  for 
public  service  in  this  state  shall  have  a  lien  on  all  colts  sired  by  said 
stallion  for  the  service  fee  for  a  period  of  one  year  from  the  date  of  the 
foaling  of  said  colt,  as  now  provided  by  law. 


Acts  3795,  3797 


GENERAL  LAWS. 


1962 


Penalty  for  violation, 

§  10.  Kvery  association,  person,  firm  or  corporation  violating  any  of 
the  provisions  of  this  act,  shall  be  guilty  of  a  misdemeanor,  and  shall  be 
punished  by  a  fine  not  exceeding  one  hundred  dollars  ($100)  for  each 
offense;  or  by  imprisonment  in  the  county  jail  not  exceeding  fifty  days,  or 
by  both  such  fine  and  imprisonment. 

Disposition  of  fees.     Duty  of  board  to  enforce  act. 

§  11.  'J'he  funds  accruing  from  the  above  named  fees  shall  be  used  by 
the  said  stallion  registration  board  to  defray  the  expenses  of  enrollment 
of  pedigrees  and  issuance  of  licenses;  to  provide  for  the  examination  of 
stallions  and  jacks  when  necessary;  to  publish  reports  or  bulletins  con 
taining  lists  of  stallions  and  jacks  examined,  which  shall  be  not  less  than 
one  in  each  year;  to  encourage  the  horse  breeding  interests  in  this  stato; 
to  disseminate  information  pertaining  to  horse  breeding,  and  for  any 
other  purposes  as  may  be  necessary  to  carry  out  the  purposes  and  enforce 
the  provisions  of  this  act.  V.mh  member  of  the  above  committee  shall 
recei\e  his  actual  expenses  incurreil  while  in  the  performance  of  any  duty 
imposed  under  the  provisions  of  this  act;  the  secretary  of  said  board  shall 
receive  for  his  services  an  amount  to  be  fixed  and  agreed  upon  by  said 
board.  It  shall  be  the  duty  of  the  said  stallion  registration  board  to 
enforce  the  provisions  of  this  act,  and  to  make  an  annual  report,  including 
financial  statement,  to  the  governor  of  the  state  on  September  l.")th  of 
each  year. 

§  12.     This  act  shall  take  effect  and  be  in  force  on  August  1,  1911. 


TITLE  480. 

ST.VTK. 
ACT  3795. 

An  act  to  authorize  the  I^aurit/.en  Tompany 
tion,   to   sue    the   state   of  California. 
Stats.  1907,  p.  904.] 
Repealed  1911,  p.  403. 
See  post,  Act  379da. 


of  Pan  rranci<ico.  a  corpora- 
[Approved    March    27,   1907. 


ACT  3797. 

An  act  authorizing  suits  against  the  st.Tte  concerning  certain  real  prop- 
erty purchased  under  the  provisions  of  an  act  entitled  ".\n  act  to 
survey  and  dispose  of  certain  marsh  and  tide  lands  belonging  to  the 
state  of  California,"  approved  March  .M,  ISliS,  or  any  of  the  acts  sup- 
plementary thereto  and  amendatory  thereof,  and  regulating  the  pro- 
cedure   therein. 

[Became  a  law  under  constitutional  provision  without  governor's  approval 
March  27,  1911.     Stats.  UMl,  p.  504. J 


1963  STATE.         Act  3797,  §§  1-3 

Suits  to  quiet  title  of  salt  marsh  and  tide  lands. 

§  1.  In  all  cases  ulieie  tbe  state  of  California  has  sold  any  salt  marsh 
and  tide  lands  under  the  provisions  of  the  following  named  acts,  or  any 
of  them,  to  wit:  An  act  entitled  "An  act  to  survey  and  dispose  of  certain 
salt  marsh  and  tide  lands  belonging  to  the  state  of  California,"  approved 
March  30,  18G8;  an  act  entitled:  "An  act  supplementary  to  and  amenda- 
tory of  an  act  entitled  an  act  to  survey  and  dispose  of  certain  salt  marsh 
and  tide  lands  belonging  to  the  state  of  California,  approved  March 
thirtieth,  eighteen  hundred  and  sixty  eight,"  approved  April  1,  1870; 
and  an  act  entitled  "An  act  supplementary  to  and  amendatory  of  an  act 
supplementary  to  and  amendatory  of  an  act  entitled  an  act  to  survey 
and  dispose  of  certain  salt  marsh  and  tide  lands  belonging  to  the  state 
of  California,  approved  March  thirtieth,  eighteen  hundred  and  sixty- 
eight;  also  an  act  approved  April  first,  eighteen  hundred  and  seventy," 
approved  March  30,  1874,  to  any  person  or  persons,  and  the  person  or  per- 
sons purchasing  said  lands  paid  all  the  installments  required  of  him  or 
them  under  the  terms  of  said  sale  to  be  paid  on  the  purchase  price 
thereof  prior  to  the  enactment  of  an  act  entitled  "An  act  to  abolish  the 
state  board  of  tide  land  commissioners,  and  to  repeal  sections  365  and 
698  of  the  Political  Code,"  approved  February  4,  1876,  and  where  no 
deed  was  ever  executed  and  delivered  to  such  purchaser  or  purchasers 
conveying  to  him'  or  them  the  lands  so  purchased,  by  reason  of  there 
being  no  person  *r  persons  authorized  by  law  to  accept  payments  or  issue 
deeds  subsequent,  to  the  enactment  of  said  last-mentioned  act  approved 
February  4,  1876,  the  person  or  persons  so  purchasing  said  lands  or  his  or 
their  successor  or  successors  in  interest  is  and  are  hereby  authorized  to 
bring  suit  against  the  state  of  California  in  any  court  of  competent 
jurisdiction  of  said  state  to  quiet  title  to  said  land  or  any  portion  thereof, 
and  to  prosecute  the  same  to  final  judgment.  The  rules  of  practice  in 
civil  cases  relating  to  suits  to  quiet  title  shall  apply  to  such  suits  as  may 
be  brought  under  this  authorization  except  as  herein  otherwise  provided. 
If  judgment  be  given  against  the  state  in  any  such  suit,  no  costs  can  be 
recovered  from  the  state  thereunder. 

Complaint  to  contain  full  statement. 

§  2.  The  complaint  filed  in  any  suit  brought  under  the  provisions  of 
this  act  shall  contain  a  complete  statement  of  the  time,  place  and  condi- 
tions of  the  sale  of  the  lands  concerning  which  title  is  sought  to  be 
quieted,  together  with  a  statem.ent  of  all  moneys  paid  under  the  terms  of 
said  sale  and  the  date  of  such  payment,  and  a  further  statement  of  the 
balance  due  and  unpaid  under  the  terms  of  said  sale,  and  the  date  when 
such  balance  was  required  to  be  paid. 

Balance  and  interest  to  be  paid  court. 

§  3.  At  the  time  of  the  filing  of  the  complaint  in  any  suit  brought 
under  the  provisions  of  this  act  the  plaintiff  shall  pay  into  court  all 
moneys  shown  in  said  complaint  to  be  due  and  unpaid  under  the  terms 


Act  3798,  §§  1,  2  GENERAL  LAWS.  1964 

of  said  sale,  together  with  interest  thereon  at  the  rate  of  ten  per  cent 
per  annum  from  the  date  when  such  unpaid  moneys  became  due  and 
payable.  In  the  event  of  judgment  being  rendered  in  favor  of  the  plain- 
tiff in  such  action,  the  court  shall  order  such  moneys  paid  into  the  state 
treasury;  and  in  the  event  of  judgment  t)eing  entered  in  favor  of  the 
state,  the  court  shall  order  such  moneys  returned  to  the  plaintiflF. 

Limit  of  action, 

§  4.  Any  such  suits  to  quiet  title  shall  be  commenced  within  one  year 
after  this  act  takes  effect. 

Attorney  general  to  defend. 

§  5.  Service  of  summons  in  such  suits  shall  be  made  on  the  governor, 
surveyor  general  and  attorney  general.  It  shall  be  the  duty  of  the 
attorney  general  to  defend  all  such  suits. 

ACT  3798. 

An  act  authorizing  suits  against  the  state  of  California,  eoncerning  and 
to  quiet  title  to  certain  real  property,  and  regulating  the  procedure 

therein. 

[Approved   May   1,   1911.     Stats.   1911,   p.    1457.1 

Authorizing  suit  against  state  to  quiet  title  of  land  la  Oakland. 

§  1.  All  persons  and  all  (•or|)orations  liaving  or  claitling  title  to  the 
whole  or  any  part  of  the  following  deseribed  real  property,  to  wit: 

All  that  certain  lot,  piece  and  parcel  of  land  situate,  lying  and  being 
in  the  city  of  Oakland,  county  of  Alameda,  state  of  California,  and  being 
a  portion  of  block  No.  297  of  said  city  of  Oakland  bounded  and  de- 
scribed as  follows:  Commencing  at  a  point  on  the  west  line  of  San  Pablo 
ave.,  one  hundred  and  sixtyfivc  and  04  100  (165  64100)  feet  northwest 
from  Grove  street  and  running  thence  northerly  along  the  west  line  of 
San  Pablo  avenue  one  hundred  and  thirty-six  and  one  half  feet 
(i;U)i{.  ft.),  thence  southwesterly  three  hundred  and  ninety-one  feet 
(iV.tl  ft.)  more  or  less  to  the  north  line  of  Twentieth  street,  thence  south- 
east one  hundred  and  twenty  five  (125  ft.)  feet,  and  thence  northeast 
two  hunilred  and  ninety-five  feet  (295  ft.)  more  or  less  to  San  Pablo 
avenue  and  the  point  of  beginning,  are  hereby  authoriz.cd,  on  the  terms 
and  conditions  herein  contained,  to  bring  suit  against  the  state  of  Cali- 
fornia in  any  court  of  competent  jurisdiction  in  said  state  to  quiet  title 
to  said  land  or  to  any  portion  thereof,  and  to  prosecute  the  same  to 
final  judgment.  Tiie  rules  of  practice  in  civil  cases  relating  to  suits  to 
quiet  title  shall  apjily  to  such  suit  as  may  be  brought  under  this  author- 
i/,;itioii,  except   as  herein   otheiwise   providcl. 

Time   to   commence  suit. 

§  2.  .\ny  such  suit  to  quiet  title  shall  be  commenced  within  sixty 
days  after  this  act  takes  effect. 


1965  BTATE.        Act  3798a,  §§  1-3 

Plaintiff's   sureties. 

§  3.  At  tlie  time  of  filing  the  complaint  in  any  such  suit,  the  plaintiff 
sliail  file  therewith  an  undertaking  in  the  sum  of  two  hundred  dollars 
with  two  sufficient  sureties  to  be  approved  by  the  judge  of  the  court, 
and  conditioned  that  in  ease  the  plaintiff  fails  to  recover  judgment  quiet- 
ing the  title  of  such  plaintiff  against  the  state,  he  will  pay  all  the  costs 
incurred  by  the  state  in  such  suit. 

Service  of  summons. 

§  i.  Service  of  summons  in  such  suit  shall  be  made  on  the  governor 
and  attorney  general.  It  shall  be  the  duty  of  the  attorney  general  to 
defend  all  such  suits. 

Recording  certified  copy  of  decree. 

§  5.  A  certified  copy  of  any  decree  rendered  in  any  such  action  quiet- 
ing title  to  said  real  pro])erty  may  be  recorded  in  the  office  of  the  county 
recorder  of  Alameda  county  aforesaid. 

§  6.     This  act  shall  take  effect  immediately. 

ACT  3798a, 

An  act  authorizing  owners  of  land  or  their  grantees  or  assigns  to  sue  the 
state  of  California,  for  damages  done  to  real  property  by  reason  of 
the  construction  and  maintenance  of  jetties  in  the  Sacramento  river, 
known  as  "Newtown  jetties"  and  repealing  an  act  entitled  "An 
act  to  authorize  the  Lauritzen  Company  of  San  Francisco,  a  corpo- 
ration, to  sue  the  state  of  California,"  approved  March  23,  1907. 
[Approved  March  20,  1911.     Stats.  1911,  p.  403.] 

Damages  done  by  "Newtown  jetties." 

§  1.  Within  thirty  days  from  the  passage  of  this  act  any  owner  of 
land  or  the  grantee  or  assignee  thereof  is  hereby  authorized  to  commence 
an  action  in  the  superior  court  of  the  state  of  California  in  and  for  the 
county  of  Sacramento  against  the  state  of  California,  for  damages  done 
to  real  jiroperty,  caused  by  the  construction  and  maintenance  in  the 
Sacramento  river,  near  Wood  island  in  the  county  of  Sacramento,  of 
certain  jetties  known  as  "Newtown  jetties"  by  the  state  of  California. 

Summons.' 

§  2.  Summons  in  said  action  or  actions  shall  be  served  by  delivering 
a  copy  thereof  attached  to  a  copy  of  the  complaint  to  the  attorney 
general  and  it  shall  be  his  duty  to  defend  said  action  or  actions. 

Costs. 

§  3.  All  costs  in  any  suit  brought  under  this  act  shall  be  paid  by  the 
plaintiff  and  in  case  judgment  therein  be  for  the  plaintiff  it  shall  be 
for  the  amount  actually  found  due,  w^ithout  interest  thereon  and  said 
judgment  shall  bear  no  interest. 


Act  3798b,  §§  1^  GENERAL  LAWS.  1966 

Amount  of  damages. 

§  4.  If  it  ap[iears  upon  the  trial  of  said  action  that  <lamage  has  been 
done  to  plaintiff  by  any  act  for  which  the  state  is  legally  liable,  the  jury, 
or  in  case  a  jury  trial  be  waived,  the  court  shall  ascertain  from  the 
evidence  and  find  the  amount  of  damages  and  thereupon  judgment  shall 
be  entered  for  the  amount  of  damages  so  found. 

Appeal. 

§  5.  Either  party  may  appeal  from  any  judgment  or  appealable  order 
from  the  superior  court. 

Repeal  of  act  authorizing  Lauritzen  Company  to  sue. 

§  6.  An  act  entitlod  "An  act  to  a\ithori7,e  the  Lauritzen  Company  of 
San  FiaiHJhico,  a  cfrporation,  to  sue  the  state  of  CaJifofnia,"  approved 
March  23,  1907,  is  hereby  repealed. 

§  7.     This  act  shall  take  effect  immediately. 

ACT  3798b. 

An  act  authorizing  suits  against  the  state  concerning  certain   real  prop- 
erty and   regulating  the  procedure  therein. 
[Became   a  law,  under   constitutional    provisions,  without   governor's  ap- 
proval. March  L'4.  liMl.     Stats.  1911,  p.  460.] 
Suits  to  quiet  title  to  lands  when  deeds  are  lost. 

§  1.  In  all  cases  wiiere  the  suite  of  California  has  sold  any  land  or 
lands  to  any  person  or  persons  and  the  deed  or  patent  from  the  state 
of  California  therefor  has  been  lost  or  destroyed  and  was  never  recorded 
in  tlie  oilice  of  any  county  recorrler  in  the  state  of  California,  the  person 
or  persons  claiming  or  deraigning  title  to  any  of  such  lands  through  any 
such  lost  or  destroyed  deed  or  patent  is  and  are  hereby  authorized  to 
bring  suit  against  the  state  of  C^jlifornia  in  any  court  of  competent 
jurisdiction  of  said  state  to  quiet  title  to  said  land  or  any  portion  tliereof. 
and  to  prosecute  the  same  to  final  juclgment.  The  rules  of  practice  in 
civil  c.nses  relating  to  suits  to  quiet  title  shall  apply  to  such  suits  as 
may  be  brought  under  this  authorization  except  as  otherwise  provided. 
If  judgment  be  given  against  the  state  in  any  such  suit,  no  cost  can  be 
recovered  from  the  state  thereunder  and  before  any  judgment  can  be 
given  against  the  state  hereunder  it  must  be  made  to  appear  to  the  court 
aflirmatively  that  such  deed  or  patent  has  been  duly  issued  by  the  state. 

Time  to  commence  suit. 

§  2.  .\ny  such  suits  to  quiet  title  shall  be  commenced  within  one 
year  after  tliis  act  takes  effect. 

Service  of  summons.     Attorney  general  to  defend. 

§  3.  Service  of  suimuoiis  in  such  suits  sh.Tll  he  made  on  the  governor, 
surveyor  general  and  attorney  general.  It  shall  be  the  duty  of  the  attor- 
ney general  to  defend  all  such  suits. 

§  -k.     This  act  shall  take  effect  immediately. 


1967  STATE.         Acts  3798c,  3798d 

ACT  3798c. 

An  act  to  provide  for  the  collection,  compilation  and  publication  of  agri- 
cultural and  other  industrial  statistics  for  the  state  of  Calffornia, 
and  making  an  appropriation  therefor. 

[Approved  April  25,  1911.     Stats.  1911,  p.  1108.] 

Agricultural  society  to  publish  annually  agricultural  and  industrial 
statistics. 
§  1.  The  board  of  directors  of  the  state  agricultural  society  are  au- 
thorized, and  it  is  hereby  made  their  duty,  to  collect,  compile  and 
publish  annually,  on  or  before  the  31st  day  of  January  in  each  year, 
statistics  showing  the  yield  of  agricultural  and  other  farm  and  industrial 
products  of  the  state  of  California  for  each  preceding  year,  and  shall, 
as  nearly  as  may  be  practicable,  ascertain  and  publish  each  year  the 
number  of  acres  of  land  within  the  state  that  are  under  irrigation,  and  the 
number,  location  and  extent  of  any  new  irrigation  enterprises,  exclusive 
of  individual  pumping  plants,  that  may  have  been  started  within  the 
state  during  the  preceding  year. 

Appropriation. 

§  2.  For  the  purpose  of  carrying  out  the  provisions  of  this  act,  the 
sum  of  five  thousand  ($5,000)  dollars  per  annum  is  hereby  appropriated 
out  of  any  money  in  the  state  treasury  not  otherwise  appropriated,  and 
the  controller  is  hereby  authorized  to  draw  his  warrant  from  time  to 
time  up  to  the  amount  of  said  appropriation  in  favor  of  the  board  of 
directors  of  the  state  agricultural  society,  and  the  state  treasurer  is 
hereby  authorized  and  directed  to  pay  the  same. 

ACT  3798d. 

An  act  making  an  appropriation  to  pay  the  claim  of  the  California  High- 
way Construction  Company  against  the  state   of  California. 
[Approved  May  8,  1913.     Stats.   1913,  p.  203.] 

Appropriation;   California  Highway  Construction  Co. 

§  1.  The  sum  of  fifty  thousand  seventy-five  and  22-100  dollars  is 
hereby  appropriated  out  of  any  money  in  the  state  treasury  not  other- 
wise appropriated  to  pay  the  claim  of  the  California  Highway  Construc- 
tion Company,  a  corporation,  against  the  state  of  California. 

§  2.  The  state  controller  is  hereby  authorized  to  draw  his  warrant  for 
the  sum  herein  made  payable  to  the  California  Highway  Construction 
Company,  a  corporation,  and  the  state  treasurer  is  directed  to  pay  the 
same;  it  is,  however,  provided,  that  before  the  said  warrant  be  issued 
there  shall  be  filed  with  the  state  controller  the  approval  of  said  claim 
by  the  state  department  of  engineering  and  the  state  board  of  control. 


Acts  3808, 3809       general  laws.  19G8 

TITLE  482. 

♦  STATE  CAPITOL. 

ACT  3808. 

An  arf  providing  for  the  fler-oration  of  the  rottiiifla  on  tb(*  mriin  or 
ground  floor  of  the  state  capitol  building  and  making  an  appropria- 
tion therefor. 

[Approved  May  20,  1913.     Stats.  1913,  p.  237.] 

Appropriation:  Decorating  capitol  rotunda. 

§  1.  Thpre  is  hert-by  appropriated  out  of  any  money  in  the  Ftate  treas- 
ury not  otherwise  appropriated  the  sum  of  ten  thousand  dollars  for  the 
purpose  of  decorating  the  rotunda  of  the  main  or  ground  floor  of  the 
state  cajtitol  building.  The  detoration  of  said  rotunda  shall  consist  of 
mural  paintings  with  approjjriate  and  harmonious  ceiling  designs,  and 
the  mural  work  shall  depict  historical  epoch  periods  of  California. 

Bids  for  work. 

§  2.  The  state  board  of  control  shall  call  for  and  receive  bids  npon 
such  work  of  decoration  and  shall  enter  into  contract  for  the  perform- 
ance of  said  work  with  such  person  as  shall  have  been  the  successful 
bidder  therefor.  The  manner  of  making  the  award  upon  bids  shall  be 
fixed  and  determined  by  said  board  which  shall  have  entire  control  and 
supervision  of  said  work  of  decoration. 

§  3.  The  state  controller  is  hereby  authorize^!  and  directed  to  draw 
his  warrant  for  said  sum  of  ten  thousand  dollars  for  such  part  or  parts 
tliereof,  as  may  be  authnrizeil  by  the  sai<i  state  board  of  control,  aud 
the  treasurer  is  hereby  directed  to   pay  the  same. 

ACT  3809. 

An  act  to  aiithorize  the  superintendent  of  eapitol  buildini;  and  ground' 
to  employ  extra  help  for  the  extra  session  of  the  thirty  ninth  legis- 
lature,  for  the  month   of  December,  1911,  and   appropriating  money 
therefor. 
[Approved   December   24,    1911.     v'^tats.   Ex.  Scss.    1911,   p.   121.] 

Appropriation  to  employ  extra  help  for  capitol  building. 

§  1.  There  is  hereby  ai>propriated  out  of  any  money  in  the  state 
treasury  not  otherwise  appropriated  the  sum  of  six  hundred  dollars  for 
the  purpose  of  employing  for  the  extra  session  of  the  thirty-ninth  legis- 
lature during  the  month  of  December,  1911,  one  extra  engineer  at  a 
juouthly  salary  of  one  hundred  and  fifty  dollars,  one  extra  electrician  at 
a  monthly  salary  of  one  hundred  and  fifty  dollars,  two  extra  elevator 
attendantJi  at  a  nionthly  salary  of  ninety  dollars  each,  two  extra  tele- 
phone operators  at  a  nionthly  salary  of  sixty  dollars  each,  the  money 
hereby  a|)propriated  and  the  help  hereby  authorized  to  be  employed  being 
necessary  for  aud  incidental  to  the  said  extra  session  of  said  legislature. 


1969  STATE  ENGINEERING.  Act  3812 

§  2.  The  Buperintendeut  of  eapitol  building  and  grounds  is  hereby 
authorized  to  cni])loy  said  extra  employees  for  December,  1911,  and  the 
controller  is  hereby  directed  to  draw  his  warrant  for  the  money  herein 
appropriated  and  tlie  treasurer  is  hereby  directed  to  pay  the  same. 

§  3.     This  act  shall  take  efl'ect  immediately. 

TITLE  483. 

STATE   EiXGINEERING. 

ACT  3812. 

An  act  to  create  for  the  state  of  California  a  department  of  engineer- 
ing, to  proviile  for  the  appointment  of  the  officers  and  employees 
thereof,  defining  its  powers  and  j)rescribing  the  duties  of  said  de- 
partment, its  officers  and  employees,  to  provide  the  compensation  of 
such  officers  and  employees,  to  make  an  appropriation  for  the  sal- 
aries and  other  expenses  for  the  remainder  of  the  fifty-eighth  fiscal 
year  and  making  certain  acts  a  felony  and  repealing  an  act  entitled, 
"An  act  creating  a  commissioner  of  public  works,  defining  his  duties 
and  powers  and  fixing  his  compensation,"  approved  February  9,  1900, 
and  all  acts  or  parts  of  acts  amendatory  thereof;  also  repealing  an 
act  entitled,  "An  act  to  create  a  department  of  highways  for  the 
state  of  California,  to  define  its  duties  and  powers,  to  provide  for 
tlie  appointment  of  officers  and  employees  thereof,  and  to  provide 
for  the  compensation  of  said  officers  and  employees,  and  for  the 
additional  expenses  of  said  department,  and  to  make  an  appropria- 
tion therefor  for  the  remainder  of  the  forty-eighth  fiscal  year,"  ap- 
proved April  1.  1897;  also  repealing  an  act  entitled  "An  act  providing 
for  the  appointment  of  an  auditing  board  to  the  commissioner  of  pub- 
lic works,  authorizing  and  directing  him  and  them  to  perform  certain 
duties  relating  to  drainage,  to  purchase  machinery,  tools,  dredges, 
and  appliances  therefor,  to  improve  and  rectify  water  channels,  to 
erect  works  necessary  and  incident  to  said  drainage,  to  condemn 
land  and  property  for  the  purposes  aforesaid,  making  certain  acts 
a  felony,  and  making  an  appropriation  of  money  for  the  purposes 
of  this  act,"  approved  March  17,  1897,  and  all  acts  or  parts  of  acts 
amendatory  thereof;  also  repealing  an  act  entitled  "An  act  to  pro- 
vide for  the  appointment,  duties  and  compensation  of  a  debris  com- 
missioner, and  to  make  an  appropriation  to  be  expended  under  his 
directions  in  the  discharge  of  his  duties  as  such  commissioner,"  ap- 
proved March  24,  1893,  and  all  acts  or  parts  of  acts  amendatory 
thereof;  also  repealing  an  act  entitled  "An  act  to  create  the  office 
of  Lake  Tahoe  wagon  road  commissioner,  providing  the  term  of  office 
and  compensation  of  such  commissioner,  defining  his  duties,  and  mak- 
ing an  appropriation  for  the  salary  and  expenditures  provided  for 
124 


Act  3812,  §§1-3 


GENTERAL  LAWS. 


1970 


and  authorized  by  this  act."  approved  April  1,  1897,  and  all  acts  or 
parts  of  acts  amendatory  thereof. 

[Approved  March  11,  1907.     Stats.  1907,  p.  215.] 
Amended   1909,   p.    558;    1911,   p.   823. 

The  amendments  of  1911  are  as  follows: 

Department  of  engineering.     Advisory  board. 

§  1.  A  department  of  aii-1  for  the  state  of  California  to  be  known  as 
the  department  of  engineering  is  hereby  created,  to  consist  of  an  ad- 
visory board  composed  of  the  governor  as  ex-oflRcio  member  and  chair- 
man of  said  board,  and  a  state  engineer  who  shall  be  the  chief  executive 
officer  of  the  department,  the  general  superintendent  of  state  hospitals, 
the  chairman  of  the  state  board  of  harbor  commissioners  of  San  Fran- 
cisco, and  three  other  members  to  be  appointed  by  the  governor,  which 
said  three  appointive  members  shall  hereafter  in  this  act  be  designated 
as  the  ajijiointed  members  of  said  advisory  board.  The  said  department, 
its  officers  and  employees,  shall  have  and  exerrise  the,  powers  and  duties 
hereinafter  set  forth  and  specifie<l.  and  such  as  are  or  may  be  hereafter 
I)rovided  hv  law.  [Amendment  approved  April  8,  1911;  Stats.  1911, 
p.  81'.-..] 

Consulting  board.     Meetings.     Beports. 

§  IVz.  Upon  this  act  becoming  effective  the  governor  shall  appoint 
five  persons  who  shall  be  known  as  a  consulting  board  to  the  department 
of  state  engineering  upon  all  matters  that  affect  irrigation,  drainage  and 
river  improvement.  Such  board  shall  meet  at  such  times  as  the  work 
requires  and  shall  meet  at  least  once  in  two  months.  They  may  re[>ort 
to  the  advisory  board  on  all  matters  relating  to  irrigation,  dniinage  and 
river  improvement  together  with  their  conclusions  thereon,  and  may  ren- 
der a  report  to  the  advisorv  board  ujkju  all  plans  for  river  improvenienta. 
lAniendnient    approved    Ap'ril    S,   1011;    Stats.    1911.    p.    S'Jl).] 

Head  of  department. 

§  2.  Upon  this  net  becoming  effective  the  governor  shall  appoint  a 
competent  civil  engineer  as  the  head  of  the  department  of  engineering. 
and  such  person  shall  be  known  as  the  state  engineer.  The  state  engi- 
neer sliall  devote  his  entire  time  to  the  services  of  the  state  and  shall  not 
actively  engage  in  any  other  pursuit  while  serving  as  such  state  official. 
He  shall  have  charge  of  all  the  engineering  and  structural  work  of  the 
department  and  may  receive  by  and  through  the  approval  of  the  ad- 
visory board  such  special  assistance  of  a  technical  character  beyond  the 
emjiloyees  hereinafter  specified  as  they  shall  allow  for  the  proper  con- 
duct of  the  business  of  the  department,  [.\mcndnient  approved  .\pril  8, 
1911;   Stats.   1911,  p.  S26.] 

Hold  office  at  pleasure  of  governor. 

§  3.  Tlie  state  engineer  ami  tlie  appoirted  members  of  said  advisory 
board  shall  hold  office  at   the  will  and  pleasure  of  the  governor.     Imnie- 


1971  STATE  ENGINEERING.  Act  3812,  §§  Cn\,  7 

diatoly  after  qualifying,  the  advisory  board  shall  meet  and  organize  and 
shall  adopt  a  seal  for  the  authentication  of  its  acts  and  records. 
[Amendment  approved  April  8,   1911;   Stats.  1911,  p.  826.] 

HighvT-ay  engineer. 

§  6a.  The  department  of  engineering  by  and  through  the  chairman 
of  said  ailvisory  board  shall  have  the  power  to  appoint  one  engineer  who 
shall  be  particularly  skilled  and  qualified  by  experience  in  highway  con- 
Btruction  and  who  shall  be  de.signatcd  highway  engineer,  and  such 
assistant  engineers,  designers,  draftsmen,  clerks,  stenographers,  and  such 
other  technical  assistants  and  help  as  the  advisory  board  may,  in  its 
judgment,  deem  necessary  and  said  advisory  board  shall  fix  their  salaries 
and  compensation  and  prescribe  their  duties.  [New  section  approved 
April  8,  1911;  Stats.  1911,  p.  826.] 

Meetings,  powers,  etc.,  of  advisory  board. 

§  7.  The  advisory  board  shall  meet  at  such  times  as  the  work  of  the 
department  may  require  and  shall  meet  at  least  once  in  two  months. 
Said  board  shall  advise  with  the  state  engineer,  highway  engineer  or 
state  architect  as  necessity  requires  and  may  advise  with  the  boards  of 
managers  or  trustees  of  the  various  state  institutions  requiring  engi- 
neering or  structural  work,  and  with  any  state  commission  regarding  all 
•works  wherein  such  commission  may  be  interested.  The  advisory  board 
shall  api>rove  all  plans  and  specifications  for  all  public  work  and  shall 
determine  the  kind,  quality  and  extent  of  all  public  work  of  the  state. 
All  boards  of  managers,  trustees  and  state  commissions  of  state  institu- 
tions shall  apply  to  the  department  of  engineering  for  plans  and  speci- 
fications for  all  public  work  coming  under  their  charge,  and  before 
accepting  any  such  work  done  under  contract  shall  have  a  certificate 
from  the  state  engineer  who  shall  examine  and  certify  to  its  completion. 
All  public  work  coming  under  the  full  control  of  the  department  of 
engineering  may  ui>on  the  discretion  of  the  advisory  board  be  eithen 
contracted  for  or  done  by  day's  labor.  The  advisory  board  shall  have 
the  power,  on  the  approval  of  plans  and  specifications  by  the  state  engi- 
neer, to  direct  whether  any  building  or  structure  at  any  state  institution 
shall  be  let  by  contract  in  part  or  in  whole,  or  whether  said  building  or 
structure  shall  be  built  by  day's  labor  in  part  or  in  whole,  but  after 
approval  of  the  plans,  specifications  and  estimates  by  the  advisory  board 
of  the  department  of  engineering,  if,  in  the  opinion  of  such  department 
of  engineering,  the  acceptance  of  any  bid  or  bids  shall  not  be  for  the 
best  interests  of  the  state,  or  if  in  the  opinion  of  such  department  of 
engineering  the  acceptance  of  any  further  bids  after  the  rejection  of 
all  bids  submitted  shall  not  be  for  the  best  interests  of  the  state,  it  may 
be  legal  for  them  to  direct  that  the  work  or  improvement  of  any  state 
building,  road  or  any  other  improvement  be  done  upon  a  day's  labor 
basis.  Whenever  any  public  work  to  be  done  by  the  state  except  work 
on  property  of  the  state  on  the  waterfront  of  the  city  and  county  of  San 
Francisco,  \inder   the  jurisdiction   of  the   board   of  state    harbor   comniis- 


Act  3812,  §  9  GENERAL   LAWS.  1972 

sioners  is  placed  upon  a  day's  labor  basis,  it  is  especially  exempted  from 
any  law  on  or  relating  to  contracts  of  the  state.  The  full  control  of 
siif  li  day's  labor  work  is  placed  under  the  department  of  engineering  and 
KJiid  dejiartmpnt  shall  do  all  things  necessary  to  properly  carry  out  the 
work.  Whon  such  work  is  so  placed  upon  a  day's  labor  basis,  any  appro- 
juiation  which  is  now  available  or  which  is  now  or  may  be  appropriated 
to  become  available,  is  by  this  act  taken  out  of  the  control  of  any  board 
of  tnistees,  directors,  commissioners,  officers  or  other  body  to  whom  it 
lias  been  appropriated,  and  placed  exclusively  under  the  control  of  the 
department  of  engineering,  and  the  claims  for  said  work  shall  be  ap- 
pr(/vpd  by  the  department  of  engineering,  and  audited  by  the  board  of 
exjiminors,  u})on  whose  audit  the  controller  shall  draw  his  warrant  and 
the  trea.surer  shall  pay  the  same.  The  department  of  engineering  shall 
ha\o  jMJwer  to  receive  informal  bids  upon  any  subdivision  of  the  day's 
labor  work  and  the  state  engineer  m:iy  upon  the  approval  of  the  advisory 
board  enter  into  an  agreement  for  any  such  subdivisional  work  of  the 
dav's  labor  work.  [Amendment  approved  April  8,  1911;  Stats.  1911, 
p.  820.) 

Control  of  state  highways.  Expeuditiires.  Power  to  condemn  rights  of 
way.  Superintendents  of  highways. 
§  9.  The  <lepartiiiei)t  of  engineering  shall  take  full  possession  and 
control  of  all  roads  which  have  been  declared  state  highways  enumerated 
as  follows;  The  Lake  Tahoe  wagon  road,  the  Sonera  and  Mono  road,  the 
Mono  Lake  basin  road  and  all  other  state  highways  which  may  hereafter 
be  constructed  and  all  public  work  being  done  or  now  completed  by  the 
dejiartment  of  highways.  All  expenditures  by  the  state  for  highway 
purposes  except  as  otherwise  hereafter  provided  by  law  shall  be  under 
the  full  charge  of  the  de|)artnient  of  engineering,  and  all  moneys  appro- 
priated for  such  purpose  shall  be  made  pay:ible  upon  the  proper  order  of 
said  dejtartint'iit  and  shall  be  audited  by  the  state  board  of  examiners. 
The  department  of  engineering,  in  the  name  of  the  people  of  the  state 
of  ('.ilifoniia,  shall  have  the  power  to  obtain  or  condemn  necessary  rights 
of  way  for  any  authorized  state  highway  or  for  the  change  of  any  exist- 
ing state  highway  or  for  any  road  jdaced  under  the  department's  charge 
bv  law  unless  otherwise  provided.  It  shall  have  power  to  alter  or  change 
the  route  of  a  road  and  shall  do  all  things  necessary,  and  obtain  all  tools 
and  implements  required  to  properly  care  for  and  manage  the  roads 
under  the  charge  of  the  dopartmont.  The  department  may.  in  its  dis- 
cretion, and  bv  and  through  its  chairman,  appoint  superintendents  of  the 
state  highways  who  shall  hold  ofTice  at  the  pleasure  of  the  ••  •  >  n»'ve 
power.     Thev  shall  be  specially  <pialifieil  in  road  work.     All  ■  1 

balances  of  money  Jiow  existing  by  law  for  improvements  or  ti  .'e 

of  whatever  kind  under  the  department  of  highways,  and  the  Lake  Tahoe 
wagon  road  commissioner  shall  be  placed  un«ler  the  control  of  the  depart- 
ment of  engineering,  and  the  state  controller  shall  transfer  said  funds  to 
the  credit  of  the  department  of  engineering.     Whenever  under  any  stat- 


1973  STATE   ENGINEERING.  Act  3812,  §§  11,  17 

ntes  of  this  state  the  performance  of  any  duty  or  obligation  is  imposed 
upon  the  department  of  highways,  the  same  shall  be  assumed  by  and 
the  performance  of  the  same  shall  devolve  upon  the  department  of  en- 
gineering.    [Amendment  approved  April  8,  1911;  Stats.  1911,  p.  828.] 

State  architect. 

§  11.  All  architectural  work  of  the  dejiartment  shall  be  under  the 
charge  of  the  state  architect,  and  it  shall  he  the  duty  of  said  architect 
to  make  plans  and  specifications  and  estimates  for  all  work  for  state 
buildings.  He  shall,  in  company  with  the  state  engineer,  visit  and  in- 
spect all  completed  architectural  work,  and  shall  certify  to  the  state 
engineer  its  proper  or  improper  completion.  The  state  architect  shall 
have  general  charge  under  the  state  engineer  of  the  erection  of  all  build- 
ings and  must  have  an  inspector  at  each  building  during  the  whole  time 
of  its  construction.  [Amendment  approved  April  8,  1911;  Stats.  1911, 
p.  828.] 

Salaries.     Bonds.     Salary  of  advisory  board.     Expenses. 

§  17.  The  highway  engineer  shall  receive  not  to  exceed  the  sum  of 
ton  thousand  dollars  ($10,000)  per  annum;  the  state  engineer  shall  re- 
ceive the  sum  of  five  thousand  dollars  ($5,000)  per  annum;  and  the 
officers  and  emploj'ees  enumerated  in  section  6  of  this  act  shall  receive 
the  following  sums:  Each  assistant  state  engineer  shall  receive  the  sum 
of  three  thousand  dollars  ($3,000)  per  annum;  the  state  architect  shall 
receive  forty-eight  hundred  dollars  ($4,800)  per  annum;  each  of  the  five 
draftsmen  shall  receive  two  thousand  dollars  ($2,000)  per  annum;  the 
architectural  designer  shall  receive  twenty-four  hundred  dollars  ($2,400) 
per  annum;  the  mechanical  engineer  shall  receive  twenty-seven  hundred 
dollars  ($2,700)  per  annum;  the  testing  engineer  shall  receive  twenty- 
one  hundred  dollars  ($2,100)  per  annum;  each  of  the  two  filing  clerks 
shall  receive  eighteen  hundred  dollars  ($1,800)  per  annum;  the  secretary 
shall  receive  twenty-four  hundred  dollars  ($2,400)  per  annum;  the  blue- 
print pressman  shafl  receive  fifteen  hundred  dollars  ($1,500)  per  annum; 
each  clerk  and  stenographer  shall  receive  fifteen  hundred  dollars  ($1,500) 
per  annum;  and  the  porter  and  messenger  shall  receive  nine  hundred 
dollars  ($900)  per  annum.  Such  salaries  shall  be  paid  at  the  same 
time  and  in  the  same  manner  as  are  the  salaries  of  other  state  officers. 
The  highway  engineer  shall  furnish  the  state  with  a  bond  in  the  sum 
of  twenty  thousand  dollars  ($20,000);  the  two  assistant  engineers  and 
the  state  architect  shall  each  furnish  the  state  with  a  bond  in  the 
sum  of  ten  thousand  dollars  ($10,000)  for  the  faithful  performance  of 
their  duties.  Said  bonds  must  be  approved  by  the  governor  of  the  state 
of  California  and  filed  in  the  office  of  the  secretary  of  state,  ^ach  of 
the  three  appointed  members  of  said  advisory  board  shall  receive  the 
sum  of  three  thousand  six  hundred  dollars  ($3,600)  per  annum,  payable 
in  equal  monthlv  installments.  Each  and  every  one  of  the  above-men- 
tioned officers  shall  take  the  oath  of  office  as  prescribed  for  other  state 


Act;i815a,  §§  1, 2  general  laws.  1074 

officers.  The  members  of  the  advisory  board,  the  state  engineer  and  the 
officers  and  employees  of  the  department  of  engineering  shall  be  allowed 
their  necessary  traveling  expenses  while  engaged  in  the  discharge  of 
their  duties  within  the  state.  [Amendment  approved  April  8,  1911: 
Sfats.   1911,  p.  828.] 

Eevolvlng  fund. 

§  19.  The  sum  of  ten  thousand  dollars  ($10,000)  is  hereby  appropri- 
ated out  of  any  money  in  the  state  treasury  not  otherwise  appropriated 
to  provide  and  maintain  a  permanent  revolving  fund  for  the  payment 
of  salaries  and  wages  of  employees  in  the  department  of  engineering 
when  emjiloyed  upon  public  work  at  or  for  any  state  institution,  other 
than  those  employees  whose  salaries  are  fixed  and  determined  by  section 
17  ot  this  act.  Such  payment  so  made  for  salaries  and  wages  shall  be 
charged  against  the  institutions  for  which  said  act  is  performed  and  in 
favor  of  the  department  of  engineering,  and  when  collected  by  said 
dei>artm<>nt,  shall  be  paid  into  the  revolving  fund  hereby  created. 
[Amendment  approved  April  8,  1911;  Stats.  1911,  p.  829.] 

ACT  3815a. 

An  act  appropriating  money  to  be  expended  by  and  under  the  direction 
of  the  department  of  engineering  for  the  purpose  of  rectifying  the 
channels  of  the  Sacramento,  San  .Toaquin  and  Feather  rivers,  and 
other  river  channels  of  the  state,  and  improving  the  navigability 
of  such  streams  and  for  acquiriijg  land  for  necessary  rights  of  way. 
[Ai>proved  June  7,   191.3.     Stats.   1913,  p.  889.] 

Appropriation:  Rectifying  channels  Sacramento,  San  Joaquin  and 
Feather  rivers.  Work  to  be  approved  by  United  States  government. 
§  1.  Tiie  sum  of  one  hundred  and  fifty  thousand  dollars  is  hereby 
ap[)ropriatcd  out  of  any  moneys  in  the  state  treasury  not  otherwise 
appropriated,  to  be  expen<led  by  the  department  of  engineering  for  the 
purpo.se  of  rectifying  and  improving  the  channels  of  the  Sacramento,  San 
Joaquin  and  Feather  rivers,  and  such  other  river  channels  of  the  state 
as  the  department  of  engineering  may  determine,  and  to  improve  the 
navigability  of  said  streams,  and  for  acquiring  land  for  necessary  rights 
of  way  for  such  improvements;  provided,  however,  that  before  any  ex 
penditure  shall  be  made  or  contracts  awarded  by  said  department,  thr 
work  to  be  done  shall  be  approved  by  the  proper  officers  of  the  govern 
mcnt  of  the  I'nited  States  having  charge  of  river  work  in  California. 

§  2.  All  expenditures  hereunder  for  rights  of  way.  labor,  material?. 
machinery,  or  in  payment,  in  whole  or  in  part,  of  any  contract  shall, 
before  being  paid,  be  auditad  by  the  state  board  of  control  as  provided 
by  law. 


1975  STATE  ENGINEERING.  Acts  3816a,  3818 

When  available. 

§  3.  Of  tlic  sum  of  money  herein  appropriated  fifty  thousand  dollars 
thereof  shall  become  available  on  the  first  day  of  -Tuly,  1913,  and  the 
remaining  one  hundred  thousand  dollars  thereof  on  the  first  day  of  July, 
1914. 

ACT  3816a. 

An  act  enabling  the  expenditure  of  moneys  appropriated  by  an  act 
entitled  "An  act  to  provide  for  the  accomplishment  of  the  work  of 
the  direct  improvement  of  the  navigation  of  the  Sacramento,  San 
Joaquin,  and  Feather  rivers  of  the  state  of  California,  as  recom- 
mended in  the  special  report  of  the  'California  debris  commission, 
dated  June  thirtieth,  nineteen  hundred  seven,  and  made  by  Johu 
Biddle,  lieutenant  colonel,  corps  of  engineers,  C.  H.  McKinstry, 
major,  corps  of  engineers,  and  Thomas  H.  Jackson,  corps  of  engineers 
of  the  United  States  army,  and  printed  with  the  annual  report  of 
the  chief  engineer  of  the  United  States  army,  for  the  fiscal  year 
ending  .Tune  thirtieth,  nineteen  hundred  seven,  and  making  an  appro- 
priation for  such  work,"  approved  March  10,  1909,  by  removing  .cer- 
tain conditions  contained  in  and  stipulated  by  said  act. 
[Approved  June  11,   1913.     Stats.   1913,  p.  595.] 

Money  appropriated  for  improvement  of  Sacramento,  San  Joaquin  and 
Feather  rivers  freed  from  conditions. 
S  1.  Any  and  all  moneys  appropriated  by  an  act  entitled  "An  act 
to  provide  for  the  aceomi/lishment  of  the  work  of  the  direct  improve- 
ment of  the  navigation  of  the  Sacramento,  San  Joaquin  and  Feather 
rivers  of  the  state  of  California,  as  recommended  in  the  special  report 
of  the  California  debris  commission  dated  June  thirtieth,  nineteen  hun- 
dred "seven,  and  made  by  John  Biddle,  lieutenant  colonel,  corps  of  en- 
gineers, C.  H.  McKinstry,  major,  corps  of  engineers,  and  Thomas  H. 
Jackson,  corps  of  engineers  of  the  United  States  army,  and  printed  with 
the  annual  report  of  the  chief  engineer  of  the  United  States  army  for 
the  fiscal  year  ending  June  thirtieth,  nineteen  hundred  seven,  and  making 
an  appropriation  for  such  work,"  approved  March  10,  1909,  are  hereby 
made  available  for  the  purposes  specified  in  said  act,  wholly  free  of  the 
condition  therein  set  forth  that  the  United  States  government  must  first 
undertake  said  work  or  assume  control  or  appropriate  a  specific  sum  of 
money  therefor, 

ACT  3818. 

An  act  to  provide  for  the  accomplishment  of  the  work  of  the  direct 
improvement  of  the  navigation  of  the  Sacramento,  San  .Joaquin  and 
Feather  rivers  of  the  state  of  California,  as  recommended  in  the 
special  report   of   the   California  debris   commission,   dated  June  30, 


Act  3818,  §§  1-4  GENERAL   LAWS.  1976 

1907,  and  made  jointly  by  Brigadier  General  A.  Mackenzie,  chief  of 
engineers,  C.  H.  McKinstry,  major,  corps  of  engineers,  and  Thomas 
H.  Jackson,  captain,  corps  of  engineers,  of  the  United  States  army, 
and  printed  with  the  annual  report  of  the  chief  of  engineers  of  the 
United  States  army,  for  the  fiscal  year  ending  June  30,  1907,  and 
making  an  appropriation  for  such  work. 

[Approved  June  7,   1913.     Stats.    1913,  p.   882.] 

Appropriation:  Improvement  Sacramento,  San  Joaquin  and  Feather 
rivers. 
§  1.  Tlie  sum  of  two  hundred  thousand  dollars  is  hereby  appropriated 
out  of  any  moneys  in  the  state  treasury  not  otherwise  appropriated^ 
which  shall  be  available  July  1,  1914,  for  the  accomplishment  of  the 
work  of  the  direct  improvement  of  navigation  of  the  Sacramento,  San 
Joaquin  and  Feather  rivers  of  the  state  of  California  as  recommended 
in  the  special  report  of  the  California  debris  commission,  dated  June  30, 
1907,  and  made  jointly  by  Brigadier  General  A.  Mackenzie,  chief  of 
engineers,  C.  II.  McKinstry,  major,  corps  of  engineers,  anrl  Thomas  H. 
Jackson,  captain  corps  of  engineers,  of  the  United  States  army,  and 
printe<l  with  the  annual  report  of  the  chief  of  engineers,  of  the  United 
States  army   for  the  fiscal  year  ending  .lune   30,   1907. 

Governor  to  contract  with  United  States  government. 

§  2.  Tlip  governor  of  the  state  of  California  shall  have  charge  and 
control  of  the  exjicnditure  of  all  moneys  appropriated  hereunder,  and  he 
is  hereby  authorized  to  enter  into  and  to  execute  any  contract  or  con- 
tracts with  the  United  States  government,  or  any  department  thereof. 
for  the  performance  of  the  work,  or  any  part  thereof,  provided  for  by 
this  act,  or  to  purchase  materials,  machinery,  power,  labor  or  any  other 
things  necessary  for  such  work,  and  generally  to  do  any  and  all  things 
necessary  or  proper  to  efTcctually  carry  into  operation  the  work  sought 
fo  be  accomplished   hereby. 

Only  one-half  expense  to  be  borne  by  state. 

§  3.  .Ml  contracts  made  hereunder  shall  provide  specifically  that  only 
one -half  of  the  contract  price  of  any  work  performed,  or  to  be  jht 
formeil  under  this  act.  shall  be  paid  by  tlie  state,  and  in  case  said  work 
or  any  part  thereof,  shall  he  performed  in  any  other  manner  than  by 
contract,  only  one-half  of  the  expense  of  such  work  or  of  any  matters 
incident  thereto  shall  be  paid  by  the  state. 

United  States  government  to  have  charge  of  work. 

§  4.  This  act  sliall  become  operative  only  upon  condition  that  the 
government  of  the  United  States  shall,  under,  by  and  through  the  war 
department,  assume  full  charge  and  control  of  all  work  to  be  done  as 
proviiled  bv  this  act,  and  also  upon  condition  that  a  like  sum  of  two 
luindred  thousaud  dollars  be  appropriated  by  the  United  States  for  such 
work. 


1977  STATE  LANDS.  Acts  3834a-3840 

To  appropriate  two  hundred  thousand  dollars. 

§  5.  The  controller  of  tlie  state  of  California  is  heroby  authorized 
and  dirceted,  upon  request  of  the  governor,  to  draw  his  warrant  on  the 
state  treasurer  from  time  to  time  and  for  such  portion  of  said  sum  of 
two  hundred  thousand  dollars,  and  in  favor  of  such  person,  corporation, 
or  other  parties,  as  the  governor  may  designate,  and  the  state  treasurer 
is  hereby  directed  and  empowered  to  pay  such  warrants. 

TITLE  486. 

STATE  LANDS. 
ACT  3834a, 

An  act  for  the  relief  of  purchasers  of  school  lands. 
[Approved  .June  3,  1913.     Stats.   1913,  p.  376.] 

Eelief  of  school  land  purchasers. 

§  1.  When  application  has  been  made  to  purchase  lands  from  this 
state  and  payment  of  the  full  purchase  price  or  twenty  per  cent  thereof 
has  been  made  to  the  treasurer  of  the  proper  count}'  for  the  same  and 
a  certificate  of  purchase  was  issued  on  or  after  May  1,  1911,  to  the 
applicant  therefor  and  such  applicant  has  failed  to  pay  the  interest  on 
the  unpaid  balance  of  the  purchase  price  of  such  land,  said  certificate 
shall  be  in  full  force  and  effect;  provided,  all  interest  due  on  the  bal- 
ance of  the  purchase  price  is  paid  to  the  proper  county  treasurer  on  or 
before  December  31,  1913. 

ACT  3835. 

Citations.      App.   15/440,  442,  443. 

ACT  3840. 

An  act  to  provide  for  the  cancellation  of  application  for  lieu  lands  made 
prior  to  March  24,  1909,  wherein  selections  were  not  made  and  for- 
warded to  the  United  States  land  office  by  the  surveyor  general  on 
or  before  March  24,  1909,  and  for  the  cancellation  of  all  applica- 
tions for  such  lieu  lands  made  prior  to  March  24,  1909,  where  the 
selections  of  the  lands  described  therein  were  not  duly  forwarded 
to  and  received  by  the  register  and  receiver  of  the  local  United 
States  land  office  and  given  a  register  and  receiver's  number,  and 
forwarded  to  the  general  land  office,  at  Washington,  D.  C,  and  of 
record  therein. 

[Approved  March  8,  1911.     Stats.  1911,  p.  310.] 

Cancellation  of  lieu  lands  applications. 

§  1.  Anv  and  all  applications  for  lieu  lands,  made  prior  to  March  24, 
1909.  wherein  the  selections  of  the  lands  applied  for  were  not  made  and 
forwarded  by  the  survevor  general  to  the  United  States  land  office  on 
or  before  March  24,  1909,  are  hereby  declared  to  be  null  and  void,  and 


Act  3841,  §  1 


GENERAL   LAWS. 


1978 


shall  be  canceled  by  the  surveyor  general;  and,  likewise,  any  and  all 
applications  for  lieu  lands  made  prior  to  March  24,  1909,  where  the  selec- 
tions of  the  lands  described  in  said  applications  were  not  duly  received 
by  tlie  register  and  receiver  of  the  local  United  States  land  office,  and 
given  a  register  and  receiver's  number,  and  which  were  not  duly  for- 
warded to  the  general  land  office  at  Washington,  D.  C,  and  which  did  not 
become  and  are  not  now  a  part  of  the  records  of  such  general  land  office 
at  Washington,  D.  C,  are  hereby  declared  to  be  null  and  void  and  of 
no  force  or  effect  and  shall  be  canceled  of  record  by  the  surveyor  general. 

§  2.  All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby  re- 
pealed. 

§  3.     This  act  shall  take  efifect  immediately  from  and  after  its  passage. 

ACT  3841. 

An  ait  providing  for  the  cancellation  of  all  liens  for  taxes  on  any  six- 
teenth or  thirty  sixth  sei'tion,  or  legal  subdivision  thereof,  which 
sixteenth  or  thirty-sixth  section,  or  legal  subdivision  thereof,  has 
been  or  may  hereafter  be  used  as  bases  for  Heu  selections,  in  ac- 
cordance with  the  provisions  of  section  34tl6  of  the  Political  Code. 

[Approved  May  1,  1911.     Stats.  1911,  p.   1416.] 
AniPiided   1913,   p.  43. 

Cancellation  of  liens  for  taxes  on  sixteenth  and  thirty-sixth  sections. 

§  1.  It  shall  be  the  duty  of  the  board  of  sujiorvisors  of  each  county 
in  the  stat<'.  upon  petition  of  the  surveyor  general  of  the  state  of  Cali- 
fornia, at  the  first  meeting  of  the  board  following  the  receipt  of  said 
petition,  to  order  the  cancellation  of  all  liens  for  taxes  on  any  sixteenth 
or  thirty-sixth  section,  or  legal  subdivision  thereof,  which  sixteenth  or 
thirty  sixth  section,  or  legal  subdivision  thereof,  has  been,  subsequent 
to  M.irch  21,  1909,  or  may  hereafter  be,  used  as  bases  for  lieu  selections, 
or  which  are  to  be  used  as  bases  for  selections  or  conveyed  to  the  federal 
government  in  accordance  with,  or  pursuant  to,  the  provisions  of  an  act 
entitled  ".\n  act  to  authorize  the  adjustment  and  settlement  of  a  con- 
troversy existing  between  the  United  States  and  the  state  of  California. 
in  relation  to  the  grants  made  by  Congress  to  the  state  of  California 
for  the  benefit  of  the  public  schools,  and  internal  improvements,  a\i- 
thorizing  the  conveyance  of  land  by  officers  of  the  state  for  the  purpose 
of  making  s'.ich  adjustment  and  settlement,  and  making  an  appropriation 
to  carry  out  the  provisions  hereof,"  approved  Decetnber  24.  1911.  A  cer- 
tificate from  the  surveyor  general  setting  forth  the  fact  that  any  six- 
teenth or  thirty-sixth  section  is  necessary  to  be  used  as  bases  for  lieu 
selections,  or  is  intended  to  be  conveyed  to  the  federal  government  in 
pursuance  of  the  provisions  of  the  act  last  hereinbefore  referred  to,  shall 
be  anthdrity  for  the  action  of  the  board  of  supervisors  in  ordering  the 
cMiicellation  of  liens  for  taxes  on  such  lands.  [Amendment  approved 
April  21.   IDi;?;  Stats.   19i:<,  p.  44.] 


1979  STATE  LANDS.        Act  3842,  §§  1-5 

Report  of  cancellation  of  liens, 

§  2.  The  cancellatiou  of  the  liens  shall  be  reported  by  the  board  of 
supervisors  to  the  surveyor  general  of  the  state  of  California  and  to 
the  county  recorder  to  be  noted  by  him  upon  his  records. 

§  3.     This  act  shall  take  effect  immediately  from  and  after  its  passage. 

ACT  3842. 

An  act  withdrawing  from  sale  all  sixteenth  and  thirty-sixth  sections  of 
school  land  belonging  to  the  state  of  California,  situated  within  the 
exterior  boundaries  of  a  military,  Indian  or  forest  reservation  created 
by  authority  of  the  United  States,  or  of  a  national  forest,  national 
park  or  national  monument,  or  within  the  exterior  boundaries  of 
lands  withdrawn  from  public  entry  for  forest  purposes,  and  pro- 
viding for  the  cancellation  of  all  applications  for  such  lands  on 
which  certificates  of  purchase  have  not  been  issued,  and  prescribing 
the  duties  of  the  surveyor  general  in  relation  thereto,  and  repealing 
all  acts  and  parts  of  acts  in  conflict  herewith. 

[Approved  May  1,  1911.     Stats.  1911,  p.  1408.] 

School  sections  withdrawn  from  sale. 

§  1.  All  sixteenth  aud  thirty-sixth  sections  of  school  land,  belonging 
to  the  state  of  California,  and  situated  within  the  exterior  boundaries 
uf  a  military,  Indian  or  forest  reservation  created  by  authority  of  the 
United  States,  or  of  a  national  forest,  national  park  or  national  monu- 
ment, or  within  the  exterior  boundaries  of  lands  withdrawn  from  public 
t  iitry,  for  forest  purposes,  are  hereby  withdrawn  from  sale  by  the  state 
of  California. 

Applications  null  and  void. 

§  2.  Any  and  all  api)lications  heretofore  filed  in  the  oflSce  of  the 
surveyor  general  for  any  of  the  lands  mentioned  in  section  1  of  this  act, 
or  tendered  or  presented  for  filing,  and  upon  w-hich  said  applications  no 
cortificutes  of  purchase  have  been  issued,  are  hereby  declared  to  be  null 
and  void,  and  shall  be  canceled  by  the  surveyor  general,  and  the  sur- 
veyor general  is  hereby  prohibited  from  taking  any  further  action  on 
said  applications  other  than  canceling  the  same. 

Does  not  prevent  indemnity  selection. 

§  3.  Nothing  in  this  act  contained  shall  be  construed  as  preventing 
the  use  of  said  sixteenth  and  thirty-sixth  sections  as  bases  for  indemnity 
selections,  as  provided  by  law,  and,  likewise,  nothing  in  this  act  con- 
tained shall  be  construed  as  a  recognition  that  prior  to  the  passage  hereof 
the  said  sixteenth  and  thirty-sixth  sections,  in  section  1  hereof  referred 
to,  have  not  heretofore  been  w-ithdrawn  from  sale  by  the  state. 

§  4,  All  acts  aud  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 

§  5,     This  act  shall  take  effect  immediately  from  and  after  its  passage. 


Act  3867,  §§  1-5  GENERAL  LAWS.  1980 

TITLE   489. 

STATE  PKiyOXS. 
ACT  3867. 

Ad  act  to  authorize  and  regulate  the  oniployment  of  prison<^rs  in  the 
state  prisons  of  this  state  and  to  provide  for  the  disposition  of  the 
products  of  their  8i<ill  and  labor. 

[Approved  February  23,  1911.     Stats.  1911,  p.  71.] 

Employment  of  prisoners.    Purchase  of  tools,  etc. 

§  1.  The  state  board  of  prism  directors  are  hereby  authorized  and 
ciii|iovveied  to  cause  the  prisoners  in  the  state  prisons  of  this  state  to  be 
employed  in  the  production  and  manufacture  of  such  articles,  materials, 
and  8U[)pIies  as  are  now,  or  may  hereafter  be,  needed  by  the  state,  or 
an}'  political  subdivision  thereof,  or  that  may  be  needed  for  any  state, 
county,  district,  municipal,  school,  or  other  public  use,  or  that  may  be 
needed  by  any  public  institution  of  the  state  or  of  any  political  subdi- 
vision thereof.  The  state  board  of  prison  directors  are  further  author- 
ized and  empowered  to  jiurchase,  install,  and  equip,  such  machinery,  tools, 
supplies,  materials,  and  equipment  as  may  be  necessary  to  carry  out 
the  [irovisions  of  this  act. 

Kind,  price,  etc.,  of  articles  made. 

§  2.  The  state  board  of  prison  directors,  in  conjunction  with  the  state 
board  of  examiners,  and  subject  to  the  approval  of  the  governor,  shall, 
from  time  to  time,  determine  the  kind,  quality,  and  quantity,  of  the  sev- 
eral artiiles,  materials,  and  supjdies  to  be  thus  produced  and  manufac- 
tured, and  shall  also,  from  time  to  time,  determine  the  jTice  at  which 
such  articles,  materials,  and  supj)lies,  shall  be  sold,  which  price  shall  bo 
as  near  the  jirevailing  market  price  as  pos.'^ible. 

Purchase  of  product. 

§  3.  After  the  passage  of  this  act  all  articles,  materials,  and  supplies, 
herein  authorized  to  be  produced  or  manufactured,  shall  be  purchased 
from  the  state  prisons  of  this  state,  ami  ut  the  jtrices  fixed  in  the  man- 
ner herein  provided,  excepting  such  articles,  materials,  and  supplies  as 
the  state  jirisons  are  unable  to  furnish. 

List  of  articles. 

§  -1.  The  state  board  of  prison  directors  shall,  from  time  to  time, 
file  with  the  state  board  of  examiners  a  stateuient  showing  the  kinds 
of  articles,  materials,  and  supplies  produced  or  manufactured  at  the  state 
l)visous. 

Rules  of  sale. 

§  5.  The  state  board  of  examiners,  subject  to  the  approval  of  the 
governor,  shall  establish  and  enforce  rules  and  regulations  under  whi.  li 
the  s.ile,  purchase,  aud  delivery  of  "said  articles,  materials,  and  supjlics 
may   be   made. 


i^Sl  STREETS.  Acts  3899-3924 

System  of  payment.         • 

§  6.  The  state  board  of  examiners,  in  conjunction  with  the  controller, 
;iii(l  subject  to  the  approval  of  the  governor,  shall  establish  and  enforce 
a  method  and  system  of  payments  and  accounts  in  connection  with  said 
j'urchases,   sales,  and   deliveries. 

Product  for  public  use. 

§  7.  All  articles,  materials,  and  supplies,  produced  or  manufactured 
under  the  provisions  of  this  act  shall  be  solely  and  exclusively  for  pub- 
lic use  and  no  article,  material,  or  sup[)lies,  produced  or  manufactured 
under  the  provisions  of  this  act  shall  ever  be  sold,  supplied,  furnished, 
exchanged,  or  given  away,  for  any  private  use  or  profit  whatever. 

Branding. 

§  8.  Each  and  every  article  manufactured  under  the  provisions  of  this 
act  shall  have  plainly  marked  or  stanijjed  thereon  either  the  wor<ls  "San 
Quentiu  prison"  or  the  words  "l-'olsom  prison,"  according  as  such  article 
may  be  manufactured  at  one  or  the  other  of  said  prisons. 

Jute  products  exempt. 

§  9.  Nothing  in  this  act  contained  shall  repeal,  or  in  any  manner 
.irt'ect,  any  of  the  provisions  of  any  existing  act  or  law  relating  to  the 
jiurchase,  manufacture,  or  sale  of  jute  or  jute  products;  nor  shall  any- 
thing contained  in  this  act  repeal,  or  in  any  manner  affect,  any  of  the 
provisions  of  any  act  or  law  relating  to  the  crushing  of  rock  or  stone 
or  the  sale  thereof. 

§  10.     This  act  shall  take  effect  immediately. 

TITLE  495. 
STOCKTON". 
ACT  3899 

Charter  of  Stockton.     [Stats.  1889,  p.  578.] 
Citations.      Cal.   157/484,  485,  486. 
A  new  charter  was  adopted  in  1911.      See  next  act. 

ACT  3899a. 

Charter  of  Stockton.     [Adopted  December  20,  1911.     Stats.  Ex.  Sess.  1911. 

p.  254.] 

TITLE   499. 

STREETS. 
ACT  3924. 

An  act  to  provide  for  the  planting,  protection  and  care,  and  the  removal 
and  change,  of  shade  trees  and  ornamental  shrubs  along  and  in 
public  streets,  avenues,  lanes,  alleys,  courts  and  places  within  munici- 


Act  3924,  §§1-3  GENERAL  LAWS.  1982 

palities,  and  for  the  assessment  of  the  cotti  and  expcnsRs  thereof 
upon  the  lots,  parts  of  lots  and  lands  fronting  on  the  puhilic  strePt*. 
avenues,  lanes,  alleys,  courts  or  places  where  such  work  is  to  be 
done. 

[Approved  June  11,  1913.     Ftats.  1913,  p.  596.] 

Planting  trees,  etc.,  on  open  public  streets. 

§  1.     All   streets,  avenues,  lanes,   alleys,   courts  and   places  within   the 
municipalities  of  this  state,  now  open  or  dedicated,  or  which   may  here 
after  be   opened   or  dedicated   to   public   use,  shall   be   deemed   an<l   held 
to  be  open  public  streets,  avenues,  lanes,  alleys,  courts,  and  places  for  the 
purfioses  of  this  act,  and  the   city   council   of  each   municipality  of  this 
state  is  horolty   emfiowered   to  cause   shade   trees   and   ornamental   shrults 
to  be  planted,  [irotocted  and  cared  for,  and  removed  and  changed,  nion? 
and  in   said  streets,  avenues,  lanes,  alleys,  courts  and   places,  for  which 
grades   have   been   oflRcially   established,   and    which    have    been    r.rtnilv 
graded  in  conformity  therewith,  and  is  hereby  invested  with 
to  order  to  be  done  thereon   and  therein  any  of  the   work  ni- 
section   2  of  this  act  iu   the   manner  and   uuder  the  proceediugd  herein- 
after described. 

City  council  given  authority. 

§  2.  Whenever  the  public  interest  or  convenience  may  r<<iin'r,  the 
city  council  of  any  nuiiiicipality  of  this  state  is  hereby  authorir.eil  and 
empowered  to  onler  shade  trees  and  om.imental  shrubs  to  be  planted, 
protected,  and  cared  for,  and  to  be  removed  and  changed,  along  and  in 
the  whole  or  any  part  of  any  such  public  street,  avenue,  lane,  alley, 
court  or  place  in  such  municijiality ;  also  to  order  suitable  guards,  cover- 
ing or  grating  for  the  j)rotection  of  said  trees  and  shrubs,  and  to  ortler 
any  other  work  to  be  done  which  shall  be  necessary  to  plant,  protect 
and  care  for,  and  to  remove  and  change,  shade  trees  and  ornamental 
shrubs  along  and  in  the  whole  or  any  part  of  any  such  public  street, 
avenue,  lane,  alley,  court  or  place  in  such  municipa'ltv. 

Resolution  of  intention.     Kinds  of  work.     Plans.     Cost.     Diagram.     As- 
sessment. 
§  3.     Before  ordering  any  improvement  to  be  made  which  is  authorised 
by  section  2  of  this  act,  the  city  council  shall  adopt  a  resolution  declaring 
its    intention    to    do    so,    briefly    describing    the    proposed    improveniei.* 
which   may  include  the  whole  or  any  part   of  one  or  more  such  street- 
avenues,   lanes,  {illeys,  courts  or  places   in   any  such   municipality.     Sa?  : 
proposed  improvement  may  include  any  or  all   of  the  different   kinds  i ' 
work    mentionetl    in    section    2    of   this   a(t;    provided,   however,    tb    '    ' 
care  of  said  trees  and  shrubs  shall  be  for  a  period  stated  in  the  re^ 
of   intention,  which   shall   not  exceed   five  years;   and   provided,   f... ;...., 
that   it   shall   not   be   necessary   to  specify   or  describe   in   said   resolution 
of   intention   the   kind    nf   trees   or   shrubs    to   be    planted   or   removed    or 


1983  STREETS.  Act3924,  §§4, 5 

changed,  their  size  or  age  or  the  method  or  manner  of  planting  or  re- 
moving or  changiifji:  them.  The  city  council  shall  also,  in  the  same 
resolution,  refer  the  proposed  improvement  to  the  city  engineer,  and 
direct  him  to  make  and  file  with  the  clerk  of  the  city  council  a  report 
in   writing,   presenting  the  following: 

1.  Pliius  and  specifications  for  the  work  required  in  order  to  make  said 
improvement,  which  shall  include  a  specification  of  the  kind  of  trees  or 
shrubs  to  be  used  in  and  covered  by  the  improvement,  their  approximate 
age,  size  and  the  general  method  or  manner  of  making  the  improvement. 

2.  An  estimate  of  the  cost  of  said  improvement,  and  of  the  incidental 
expenses   in   connection   therewith. 

3.  A  diagram,  exhibiting  the  streets,  avenues,  lanes,  alleys,  courts  and 
places,  or  the  parts  thereof,  along  and  in  which  said  improvement  is 
proposed  to  be  made,  and  showing  the  boundaries  and  frontage  of  the 
lots,  parts  of  lots  and  lands  fronting  thereon,  each  of  which  subdivisions 
shall  be  given  a  separate  number  in  red  ink  upon  said  diagram. 

4.  A  proposed  assessment  of  the  total  amount  of  the  costs  and  ex- 
penses of  the  proposed  improvement  (including  all  incidental  expenses) 
upon  the  lots,  parts  of  lots  and  lands  fronting  upon  the  streets,  avenues, 
lanes,  alleys,  courts  and  places,  or  parts  thereof,  along  and  in  which 
said  improvement  is  to  be  made,  at  a  rate  per  front  foot  sufficient  to 
cover  the  total  expenses  of  the  improvement.  Each  subdivision  shall  be 
sejarately  assessed  in  proportion  to  its  frontage.  Said  assessment  shall 
refer  to  said  subdivisions  upon  said  diagram  by  the  respective  red  ink 
numbers  thereof,  and  shall  show  the  names  of  the  owners,  if  known, 
otherwise  designating  them  as  unknown.  No  mistake  in  the  name  of 
the  owner  of  any  subdivision  of  hmd  shall  affect  the  validity  of  the 
assessment  thereon. 

Commission  in  tree  planting. 

§  -L  In  any  municipality  having  a  board,  commission  or  officer  in 
charge  of  tree  planting,  created  by  its  charter  or  by  law,  the  proposed 
improvement  shall  be  referred  to  said  board,  commission  or  officer,  and 
the  report  provided  for  in  section  3  of  this  act  shall  be  made  and  filed 
by  said  board,  commission  or  officer. 

Hearing  on  report. 

§  5.  Upon  the  filing  of  the  report  provided  for  in  section  3  of  this 
act,  the  said  clerk  shall  present  the  same  to  the  city  council  for  con- 
sideration, and  said  council  may  modify  the  same  in  any  respect,  and,  in 
case  of  any  such  modification,  the  report  as  modified  shall  stand  as  the 
report  for  "the  purpose  of  all  subsequent  proceedings.  Thereafter,  the 
council,  by  resolution,  shall  appoint  a  time  and  place  for  hearing  pro- 
tests in  relation  to  the  proposed  improvement,  which  time  shall  not  be 
less  than  twentv  davs  from  the  date  of  the  passage  of  said  resolution, 
and  shall  direct"  the  "clerk  of  the  city  council  to  give  notice  of  said  hear- 
ing, and  shall  designate  the  newspaper  in  which  such  notice  shall  be 
published. 


Act  3924,  §§  6, 7  gexeral  laws.  19S4 

Notice  of  local  improvement  posted.     Publication. 

§  6.  After  the  passage  of  the  resolution  nientinued  in  section  .5  of 
this  act,  the  clerk  of  said  city  council  shall  cause  to  be  conspicuously 
posted  along  all  streets,  avenues,  lanes,  alleys,  courts  and  places,  or  parts 
thereof,  included  in  said  resolution  of  intention,  at  not  more  than  three 
hundred  feet  in  distance  apart,  notices  (not  less  than  three  in  all),  of 
the  jiassage  of  said  resolution  of  intention  and  of  the  filing  of  said 
report.  Said  notices  shall  be  headed  "Notice  of  local  improveraeut," 
in  letters  not  less  than  one  inch  in  length,  shall  be  in  legible  characters, 
and  phall  state  the  fact  and  date  of  the  passage  of  said  resolution  of 
intention  and  of  the  filing  of  said  report  and  the  date  set  for  the  hearing 
of  said  protests,  and  brietly  describe  the  improvement  projiosed  and  refer 
to  said  resolution  and  report  for  further  particulars.  He  shall  also 
cause  a  notice  similar  in  substance  to  be  published  for  a  period  of  two 
days  in  a  daily  newspaper  published  and  circulated  in  said  municipality 
and  designated  by  said  council  for  that  purpose,  or  if  there  is  no  daily 
newsfiaper  in  said  municipality,  then  by  two  successive  insertions  in  a 
weekly  paper,  so  published,  circulated  and  designated.  Said  notices  must 
be  posted  and  pulditihcd,  as  above  proviiled,  at  least  ten  days  before  the 
date  set  for  the  hearing  of  said  protests.  In  case  there  is  no  daily  or 
weekly  newspaper  puldished  and  circulated  in  said  city,  then  said  notice 
shall  be  posted  in  three  of  the  most  public  places  in  such  city  at  least 
ten  days  before  the  dates  set  for  the  hearing  of  said  protest. 

Written  protests.     Hearing  when  less  than  majority  protest. 

§  7.  Any  person  interested,  objecting  to  said  imjirovement,  or  to  the 
projiosed  assessment  provided  for  in  section  3  hereof,  may  file  a  written 
protest  with  the  clerk  of  the  city  council  at  or  before  the  time  set  for 
the  hearing  referred  to  in  section  5  hereof.  The  clerk  shall  indorse  on 
every  such  protest  the  date  of  its  reception  by  him,  and  at  the  time 
appointed  for  said  hearing  shall  present  to  said  city  council  all  protests 
so  filed  with  him.  If  such  protests  are  against  said  improvement,  and 
said  city  council  finds  that  the  same  are  signed  by  the  owners  of  a 
majority  of  the  frontage  of  the  property  fronting  on  said  proposed  im- 
provement, all  further  proceedings  under  said  resolution  of  intention  shall 
be  barred  and  no  new  resolution  of  intention  for  the  same  iwipnivement 
shall  be  jiassed  within  six  months  after  the  presentation  of  such  protests 
to  the  city  council,  unless  the  owners  of  a  majority  of  the  frontage  of 
the  property  fronting  on  said  proposed  improvement  shall  in  the  mean- 
time jietition  therefor.  If  such  protests  are  against  the  improvement, 
and  the  council  finds  that  they  are  not  signed  by  the  owners  of  a  majority 
of  the  frontage  of  the  projierty  fronting  on  said  proposed  improvement, 
the  council  shall  hear  said  protests  at  the  time  appointed  therefor,  as 
above  provided,  or  at  any  time  to  which  the  hearing  thereof  may  be  ad- 
journed, and  pass  ujjon  the  same,  and  its  decision  shall  be  final  and 
conclusive,  and  if  such  protests  are  sustained  the  proceedings  shall  be 
abandoned,  but  may  be   renewed   at   any   time,  and   if  such   protests  are 


1985  STREETS.  Act  3924,  §§8-11 

denied,  the  proposed  assessment  shall  be  confirmed.  If  such  protests  are 
against  the  proposed  assessment,  the  council  shall  hear  said  protests  at 
the  time  apjiointed  therefor,  as  above  provided,  or  at  any  time  to  which 
the  hearing  thereof  may  be  adjourned,  and  may  confirm  or  correct  said 
proposed  assessment.  When,  upon  the  hearing,  said  proposed  assessment 
is  confirmed  or  corrected,  or  in  case  no  protests  are  filed,  the  report  pro- 
vided for  in  section  3  hereof  shall  be  adopted  as  a  whole,  with  any 
modifications  or  corrections  that  have  been  made  therein  and  the  city 
council  shall,  by  resolution,  order  said  proposed  improvement  to  be  made, 
and  declare  its  action  upon  said  report  and  assessment,  which  resolution 
shall  be  final  and  conclusive  On  all  persons,  and  the  assessment  shall  be 
thereby  levied  ujion  the  lots,  parts  of  lots  and  lands  fronting  upon  the 
streets,  avenues,  lanes,  alleys,  courts  and  places,  or  parts  thereof,  along 
and  in  which  said  improvement  is  to  be  made. 

Validity  of  assessment. 

§  8.  The  validity  of  an  assessment  levied  under  this  act  shall  not  be 
contested  in  any  action  or  proceeding  unless  the  same  is  commenced 
within  thirty  days  after  the  time  said  assessment  is  levied,  and  any 
appeal  from  a  final  judgment  in  such  an  action  or  proceeding  must  be 
perfected  within  thirty  days  after  the  entry  of  such  judgment. 

Diagram  to  tax  collector. 

§  9.  Upon  the  passage  of  the  resolution  provided  for  in  section  7 
hereof,  the  clerk  of  said  city  council  shall  transmit  to  the  tax  collector 
of  the  municipality,  the  diagram  and  assessment  provided  for  in  sub- 
divisions 3  and  4  of  section  3  hereof,  and  any  corrections  thereof  made 
by  the  city  council. 

Diagram  recorded.    Assessments  delinquent. 

§  10.  Upon  the  receipt  of  the  diagram  and  assessment  referred  to 
in  the  last  preceding  section,  the  tax  collector  of  the  municipality  shall 
record  the  same  in  a  substantial  book,  to  be  kept  for  that  purpose,  in 
his  office,  and  shall  thereupon  fix  a  day  not  less  than  twenty,  nor  more 
than  thirty,  days  from  the  date  of  the  receipt  by  him  of  said  diagram 
and  assessment,  after  which  all  assessments  unpaid  shall  become  delin- 
quent and  ten  per  cent  shall  be  added  to  the  amount  thereof,  and  shall 
also  fix  a  day  for  the  sale  of  the  various  parcels  of  land  upon  which 
the  assessments  are  unpaid,  which  said  date  shall  be  not  less  than  fifty 
days  nor  more  than  sixty  days  from  the  date  of  the  receipt  by  him  of 
said  diagram  and  assessment. 

Notice  of  sale.     Sale. 

§  11.  Notice  of  the  sale  of  property  upon  which  the  said  assessments 
are  delinquent  shall  be  given  by  said  tax  collector  by  posting  and  pub- 
\ication  in  the  manner  now  provided  by  the  general  laws  of  the  state 
of  California,  for  giving  notice  of  sale  of  real  estate  upon  execution; 
provided,  however,  that  the  descriptions  of  the  various  parcels  of  land 
125 


Act3924,§§  12-15  general  laws.  1986 

need  not  be  set  out  at  length,  but  only  by  the  respective  numbers  of 
the  same  as  they  appear  upon  the  assessment  and  diagram,  whit-h  shall 
be  properly  referred  to  in  said  notice,  and  said  descriptions  shall  al! 
be  contained  in  one  notice.  At  the  time  and  place  fixed  for  the  sale 
of  said  property,  the  tax  collector  shall  separately  sell  the  respective 
parcels  of  land,  the  assessments  against  which  have  not  been  paid,  or 
80  much  of  each  jiarcel  as  shall  be  necessary  to  realize  the  amount 
assessed  against  said  parcel,  said  ten  per  cent  penalty  for  delinquency, 
and  its  proportion  of  the  expenses  of  sale,  in  the  order  of  their  numbers 
upon  said  diagram.     At  said  sale  the  municipality   may  be  a  parchaser. 

Certificate  of  sale. 

§  12.  The  tax  collector  shall  issue  for  each  sale  an  original  and  a 
duplicate  certificate  of  sale,  referring  to  the  proceedings,  describing  the 
parcel  sold,  and  giving  tlie  name  of  the  purchaser  and  the  amount  for 
which  said  parcel  was  sold.  The  original  certificate  he  shall  deliver  to 
the  purchaser,  and  the  duplicate  he  shall  keep  on  file  in  bis  office  in  the 
form  of  a  stub  in  the  certificate  book. 

Redemption  of  property  sold. 

§  13.  At  any  time  before  the  expiration  of  one  year  from  the  date 
of  the  sale,  any  property  sold  under  tlie  provisions  of  the  preceding 
sections  may  be  redocnicd  by  the  i>aynient  to  the  tax  collector  of  the 
amount  for  which  the  property  was  sold,  with  an  adiiitional  penalty  of 
twenty-five  per  cent  of  said  amount.  Said  redemption  money  shall  be 
paid  by  the  tax  collector  to  the  person  holding  the  original  certificate 
of  sale  upon  his  delivering  up  the  same  and  receipting  for  the  amount 
received  from  the  tax  collector  therefor.  Upon  redemption  of  any  parcel 
of  land  the  tax  collector  shall  enter  the  fact  and  date  uf  such  redemption 
upon  the  duplicate  certificate  of  sale  thereof. 

Deed  after  one  year. 

§  14.  If  the  property  is  sold,  and  is  not  redeemed  within  said  period 
of  one  year  from  the  date  of  the  sale,  the  tax  collector  shall  execute 
to  the  person  named  in  the  original  certificate,  or  to  his  assignee,  a  deed 
of  the  property  described  in  said  certificate,  which  said  deed  shall 
refer  in  general  terms  to  the  proceedings  under  which  the  same  is  issued, 
and  shall  contain  a  description  of  the  property.  Such  deed  shall  convey 
title  in  fee  to  said  property,  and  the  grantee  is  immediately,  upon  the 
re^-eipt  thereof,  entitled  to  possession  of  the  property  described  therein. 

Special  fund.     Loan  to  special  fund. 

§  15.  The  funds  collected  by  the  tax  collector  under  the  proceedings 
herein  provided  for,  either  upon  voluntary  payment,  or  as  the  result 
of  sales,  shall  be  paid  by  said  tax  collector  as  fast  as  collected  to  the 
treasurer  of  said  municipalities,  who  shall  place  the  same  in  a  special 
fund  designated  by  the  city  council,  and  payments  shall  be  made  out 
of    said   special    fund    enly    for    the    purposes    provided    for    in    this   act. 


1987  STREETS.  Act  3924,  §§  16-19 

To  expedite  the  maldng  of  any  such  improvement,  the  city  council 
may  at  any  time  transfer  into  said  special  fund,  out  of  any  money  in 
the  general  fund,  such  sums  as  it  may  deem  necessary,  and  the  sums  so 
transferred  shall  be  deemed  a  loan  to  such  special  fund  and  shall  be 
repaid  out  of  the  proceeds  of  the  assessments  provided  for  in  this  act. 

City  to  execute  plans. 

§  16.  At  any  time  after  the  funds  for  the  work,  or  any  part  of  the 
work,  shall  be  in  the  hands  of  said  treasurer,  the  municipality  shall 
itself  execute  and  perform  the  work  embraced  in  the  plans  and  specifica- 
tions contained  in  the  report  provided  for  in  sections  3  and  4  of  this 
act,  in  accordance  with  said  plans  and  specifications,  and  employ  the 
labor,  and  provide  the  nursery  stock,  material  and  supplies  necessary 
therefor.  Tlie  cost  and  expenses  of  such  work  shall  be  paid  out  of  said 
special  fund;  and  in  case  of  a  deficiency  in  the  fund  for  such  improve- 
ment, the  city  council,  in  its  discretion,  may  provide  for  such  deficiency 
by  an  appropriation  out  of  the  general  fund  of  the  treasury,  or  by 
ordering  a  supplementary  assessment  to  be  made  upon  the  same  prop- 
erty, in  the  same  manner  and  form,  and  subject  to  the  same  procedure 
as  tlie  original  assessment;  and  in  the  last-named  case,  in  order  to  avoid 
delay,  the  city  council  may  advance  such  deficiency  out  of  any  money 
in  the  general  fund  of  the  trcasurj',  and  reimburse  the  treasury  from 
the  collections  under  such  supplementary  assessment.  The  work  must 
be  done  under  the  supervision,  direction  and  control  of  the  board,  com- 
mission or  officer  by  whom  tlie  report  provided  for  in  section  3  of  this 
act  was  made,  and  no  work  shall  be  paid  for  except  upon  the  order  and 
approval  of  said  board,  commission  or  officer. 

Pro  rata  refund  of  surplus. 

§  17.  If  at  any  time  an  assessment  for  any  such  improvement  shall 
realize  a  larger  sum  than  is  necessary  therefor,  the  excess  shall  be 
refunded  pro  rata  to  the  parties  by  whom  it  was  paid. 

Assessment  lien  on  land. 

§  18.  Every  special  assessment  levied  under  this  act  shall,  from  the 
date  of  the  levy  thereof,  be  a  lien  upon  the  land  upon  which  it  is 
levied  paramount  to  all  other  liens,  except  prior  assessments  and  taxa- 
tion, and  such  lien  shall  continue  until  such  special  assessment  is  paid, 
or  until  the  property  is  sold  and  a  deed  is  made  therefor  to  the  pur- 
chaser as  hereinbefore  provided,  and  all  parties  shall  have  constructive 
notice  of  such  lien  from  the  date  of  the  passage  of  the  resolution  re- 
ferred  to  in   section  7   hereof. 

Definitions. 

§  19.  The  following  words  and  phrases  shall,  where  used  in  this  act, 
have  the  following  meanings: 

(1)  The  terms  "municipality"  and  "city"  include  all  corporations  here- 
tofore organized  and  now  existing,  and  those  hereafter  organized,  for 
municipal  purposes. 


Act  3924,  §§  20, 21  general  laws.  1988 

(2)  The  terms  "council"  and  "city  council"  include  any  body  or  board 
in  which  by  law  is  vested  the  legislative  power  of  any  city. 

(3)  The  terms  "treasurer"  and  "city  treasurer"  include  any  person  or 
officer,  who  has  charge  and  makes  payments  of  the  city  funds. 

(4)  The  term  "city  engineer"  includes  any  person  or  officer,  who  has 
charge  of  the  surveying  and  engineering  work  of  said  city. 

(5)  The  terms  "clerk"  and  "city  clerk"  include  any  person  or  officer 
who  shall  be  clerk  of  the  said  council. 

(6)  The  term  "improvement"  includes  all  work  and  improvements 
mentioned  in   section   2   of   this  act. 

(7)  The  term  "incidental  expenses"  shall  include  the  cost  and  expense 
of  making  the  report  mentioned  in  sections  3  and  4  hereof,  including 
fees  for  surveying  and  engineering  work;  also  the  cost  of  printing  and 
publisliing  as  provided  herein;  also  the  expenses  of  making  the  assess- 
ment for  any  work  authorized  by  this  act. 

(8)  The  terms  "owner"  and  "any  person  interested"  include  the  per- 
son owning  the  fee,  or  the  person  in  whom,  on  the  day  any  protest 
or  petition  is  filed,  the  legal  title  to  real  property  appears,  by  deeds 
duly  recorded  in  the  county  recorder's  office  of  the  county  in  which 
said  city  is  situated,  or  any  person  in  possession  of  real  property,  as 
the  executor,  administrator,  trustee  under  an  express  trust,  guardian  or 
other  legal  representative  of  the  owner,  or  any  person  in  possession  of 
real  property  under  a  written  contract  of  purchase  thereof  duly  recorded, 
or  any  person  in  possession  of  real  property,  as  lessee  thereof  under 
a  lease  duly  recorded,  which  shall  require  such  lessee  to  pay  or  dis- 
charge all  assessments  for  street  or  other  public  improvements,  that 
may   be  levied   or  assessed   against   such   real  property. 

Proof  of  publication. 

§  20.  Proof  of  publication  of  any  notice  required  by  this  act  shall 
be  made  by  affidavit,  as  provided  in  the  f'ode  of  Civil  Procedure,  and 
proof  of  the  posting  of  any  such  notice  shall  be  made  by  the  affidavit  of 
the  person  posting  the  same,  setting  forth  the  facts  regarding  such 
posting.  It  shall  be  the  duty  of  any  officer  who  is  required  by  this 
act  to  have  any  notice  published  or  posted,  to  obtain  and  file  in  his 
office  the  affidavit  or  affidavits  in  proof  thereof;  provided,  that  his 
failure  so  to  do  shall  not  affect  the  validity  of  any  proceedings  under 
this  act.  Any  such  affidavit  so  filed  shall  be  prima  facie  evidence  of 
the  facts  therein  stated  regarding  such  publication  or  posting. 

Act  of  1893  not  affected. 

§  21.  This  act  sliall  in  no  wise  affect  an  act  entitled  "An  act  to 
provide  for  the  planting,  maintenance,  and  care  of  shade  trees  upon 
streets  lanes,  alleys,  courts  and  places  within  municipalities,  and  of 
hedges' upon  the  lines  thereof;  also,  for  the  eradication  of  certain  weeds 
within  city  limits,"  approved  March  11,  1S93,  or  any  act  amendatory 
thereof   or   supplementary   thereto,   or   any   other   acts   on    the   «r,.„e   sub- 


1989  STREETS.  Act  3927,  §  20 

ject,  or  apply  to  proceedings  had  thereunder,  but  it  is  intended  to  and 
does  provide  an  alternate  system  of  proceedings  for  making  the  im- 
provements provided  for  by  this  act;  and  it  shall  be  within  the  dis- 
cretion of  the  city  council  of  any  municipality  to  proceed  in  making 
such  improvements,  eitlier  under  the  provisions  of  this  act,  or  under 
the  provisions  of  such  otlier  acts;  but  when  any  proceedings  are  com- 
menced under  this  act,  the  provisions  of  this  act,  and  of  such  amend- 
ments thereof  as  may  be  hereafter  adopted,  and  no  other,  shall  apply 
to  all  such  proceedings,  and  any  provisions  contained  in  said  acts  or 
any  acts  in  conflict  with  the  provisions  hereof  shall  be  void  and  of 
no  effect  as  to  the  proceedings  commenced  under  the  provisions  of  this 
act.  The  election  of  the  city  council  to  proceed  under  the  provisions 
of  this  act  shall  be  expressed  in  its  resolution  of  intention  to  order 
the  work  done. 

How  constructed.     Title  of  act. 

§  22.  The  provisions  of  this  act  shall  be  liberally  construed  to  pro- 
mote the  objects  thereof,  and  no  publication  or  notice  other  than  that 
provided  for  in  this  act  shall  be  necessary  to  give  validity  to  any  pro- 
ceedings had  thereunder.  This  act  may  be  designated  and  referred  to  as 
the  "tree  planting  act  of   1913." 

ACT  3927. 

An  act  to  provide  for  laying  out,  opening,  extending,  widening,  straight- 
ening, or  closing  up  in  whole  or  in  part  any  street,  square,  lane, 
alley,  court,  or  place  within  municipalities,  and  to  condemn  and 
acquire  any  and  all  land  and  property  necessary  or  convenient  for 
that  purpose. 

[Approved  March  6,  1889.     Stats.  1889,  p.  70.] 

Amended   1913,   p.   376. 
The  amendment  of  1913  follows: 

Supplementary  assessment  to  meet  delinquency.    Pro  rata  dividend. 

§  20.  If  after  the  sale  of  the  property  for  delinquent  assessments 
there  should  be  a  deficiency,  and  there  should  be  unreasonable  delay 
in  collecting  the  same,  or  if  for  the  purpose  of  equalizing  the  assess- 
ments supplying  a  deficiency,  or  for  any  cause  it  appear  desirable,  the 
commissioners  may  so  report  to  the  city  council,  who  may  order  them 
to  make  a  supplementary  assessment  and  report  the  same  in  manner 
and  form  as  the  original,  and  subject  to  the  same  procedure.  If  by 
reason  of  such  supplementary  assessment,  or  for  any  cause,  a  surplus 
should  remain  after  all  claims  against  the  improvement  fund  have  been 
paid,  the  city  council  may  appropriate  said  surplus  and  declare  a  divi- 
dend pro  rata  to  the  parties  paying  the  same,  and  they,  upon  demand, 
shall  have  the  right  to  have  the  amount  of  such  pro  rata  dividends 
refunded  to  them,  or  credited  upon  any  subsequent  assessment  for  taxes 


Act  3928,  §§  2, 3  genthlvl  laws.  1990 

made  against  said  parties  in  favor  of  said  city;  provided,  tbe  city 
council  may  appropriate  and  transfer  the  said  surplus  to  the  general 
fund  of  the  fiscal  year  in  which  the  surplus  exists,  if  said  surplus  does 
not  exceed  five  per  cent  of  the  total  amount  expended  out  of  the  improve- 
ment fund;  and  provided,  further,  that  said  surplus  so  transferred  shall 
in  no  case  exceed  one  thousand  dollars.  [Ameadment  approved  June  3, 
1913;   Stats.   1913,  p.  377.] 

Citations.      Cal.    157/74.   76,   82;    159/244.   245;    162/103;    (55  3-5)    159/244; 

a  6)    159/246;    (j«>   159/245;    (5  10)      150/245,  249;    (5  13;    159/245;    (85  1-*, 

15;    159/246. 

ACT  3928. 

An  act  to  provide  for  the  laying  ent,  epeninf;,  extendinff.  widening,  or 
straightening,  in  whole  or  in  part,  of  public  streets,  squares,  lanes, 
alleys,  courts,  and  places,  within  municipalities,  for  the  condemna- 
tion of  property  necessary  or  convenient  for  snch  purposes,  and  for 
the  establishment  of  assessment  districts  and  the  assessment  of  prop- 
erty therein  to  pay  the  expense  of  such  improvement. 

[Approved  March  24,  1903.     Stats.  1903,  p.  37G.] 
Amended   1909,  p.   1035;    1911.  pp.   855,   894;    IDIJ,    p.   429. 

The  amendments  of  1911  and   1913   follow: 

Declaration  of  intention.    City  may  pay  percentage. 

§  2.  Before  ordering  any  improvement  to  be  made  which  is  author- 
ized by  section  1  of  this  act,  the  city  council  sIkiH  pass  an  ordinance 
declaring  its  intention  to  do  so,  describing  the  improvement  and  the 
land  necessary  or  convenient  to  be  taken  therefor,  and  specifying  the 
l)oundaries  of  the  district  to  be  benefited  by  said  improvement  and  to 
be  assessed  to  pay  the  ex{H>nse  thereof  and  to  be  known  as  the  assess- 
ment district.  Said  city  council  may  also  in  its  discretion  declare  in 
said  ordinance  of  intention  that  the  city  shall  pay  a  percentage  of  the 
expense  of  said  improvement  where  the  same  is  for  the  opening  or 
widening  of  a  public  street  or  boulevard  as  follows:  Where  said  street 
or  boulevard  after  being  opened  or  widened  as  proposed  will  be  not 
loi^s  than  one  hundred  feet  wide,  the  city  may  contribute  not  more  than 
ten  per  cent  of  the  total  expense  of  such  improvement,  and  where  said 
street  or  boulevard  after  being  opened  or  widened  as  proposed  will 
be  not  less  than  one  hundred  twenty  feet  wide,  the  city  may  con- 
tribute not  more  than  twenty-five  per  cent  of  the  total  cost  of  such 
improvement.      [Amendment  approved  .Tune  10,  1913;  Stats.  1913,  p.  429.] 

Notice    to    b©    posted.     Publication.     Notice    mailed    owners.     Affidavit 
of  clerk. 
§  3.     The  street  superiiitenilent    shall   thereuptin  cause  to  be  conspicu- 
ously jtosted  along  all  streets  and  parts  of  streets  or  other  public  places 
or   rights  of  way   where  any   property   is   to  be   taken   for   the  widening 


1991  STREETS.  Act  3928,  §  3 

or  straightening  thereof,  and  along  or  upon  any  private  unimproved 
property  which  is  to  to  be  taken  for  the  opening  or  extending  of  any 
street  or  other  public  place,  at  not  more  than  three  hundred  feet  apart, 
notices  (not  less  than  three  in  all)  of  the  passage  of  said  ordinance. 
Said  notices  sliall  be  headed,  "Notice  of  public  work,"  in  letters  not 
less  than  one  inch  in  length,  shall  be  in  legible  characters,  and  shall 
state  the  fact  and  date  of  the  passage  of  said  ordinance  and  briefly 
describe  the  improvement  proposed,  and  refer  to  said  ordinance  of  in- 
tention for  a  description  of  the  assessment  district  and  for  further 
jiartieulars.  He  should  also  cause  a  notice  similar  in  substance  to  be 
published  by  two  insertions  in  a  daily,  weokl}'  or  semi-weekly  newspaper 
publisliod  and  circulated  in  said  city  and  designated  by  the  city  council 
for  that  purpose.  The  city  clerk  shall,  immediately  upon  the  publication 
of  the  notice  required  by  this  section,  mail,  postage  prepaid,  to  each 
property  owner  in  the  assessment  district,  at  his  last  known  address 
as  the  same  appears  on  the  tax-rolls  of  said  city,  or  when  no  address 
so  appears,  to  the  general  delivery,  a  postal  card  containing  a  notice 
which  shall  be  in  the  following  or  substantially  the  following  form 
(filling   blanks),   to   wit: 

"You  are  hereby  notified  that  on  the  day  of  19 — ,  the  legis- 
lative body  of  the  city  of  ,  California,  by  virtue  of  the  street  open- 
ing  act   of   1903,   passed   an   ordinance   of   intention   numbered  ,   for 

the  opening  and  widening  of  street  between  street  and  

street.     Written   protests  may  be  filed  with   the   city  clerk   within  • 

days  after  the  day  of  19 — .     Your  property  is  in  the  district 

to  be  assessed  for  this  improvement. 

City  Clerk." 
If  any  lots  or  parcels  of  land  in  the  assessment  district  be  assessed 
to  "unknown  owners"  on  the  tax-rolls  of  said  city,  no  postal  cards  shall 
be  mailed  to  the  owners  thereof,  but  the  notice  of  public  work  by  the 
publication  as  herein  provided  shall  be  deemed  legal  notice  to  such 
owners  of  such  contemplated  improvement.  The  city  clerk  shall  im- 
mediately upon  the  completion  of  the  mailing  of  said  postal  cards  file, 
or  cause  to  be  filed  in  the  office  of  the  superintendent  of  streets  an  affi- 
davit stating  the  time  and  manner  of  compliance  within  this  require- 
ment, but  the  names  of  the  persons  to  whom  said  postal  cards  were 
addressed  need  not  be  set  forth  in  said  affidavit.  The  failure  of  the 
city  clerk  to  address  said  postal  cards  or  any  thereof  to  the  proper 
owners  of  said  property  or  to  mail  said  cards,  or  the  failure  of  said 
property  owners  to  receive  the  same  shall  not  affect  the  validity  of 
the  proceedings  or  prevent  the  legislative  body  from  acquiring  jurisdic- 
tion to  order  the  work;  provided,  that  the  legislative  body  shall  not 
pass  any  ordinance  ordering  the  improvement  until  such  affidavit  is 
made  and  filed  as  herein  prescribed.  [Amendment  approved  June  10, 
1913;    Stats.   1913,  p.   430.] 


Act  3928,  §  4  GENERAL   LAWS.  1092 

Written  protest.  When  majority  protests.  City  deemed  owner  of  per- 
centage. Protest  not  signed  by  majority.  Hearing  protests.  Deci- 
sion. 
§  4.  .Any  person  interpstod,  objecting  to  said  improvement,  or  to  the 
extent  of  the  asscssmont  district,  deFcrihed  in  said  ordinance  of  inten- 
tion, may  file  a  written  prot-est  with  the  clerk  of  the  city  council,  within 
thirty  days  after  the  first  publication  of  the  notice  required  by  section  3  of 
this  act.  Every  such  protest  must  contain  a  description  of  the  prof^erty  in 
which  each  signer  thereof  is  interested,  sufficient  to  identify  the  same, 
and  must  set  forth  tlie  nature  of  his  interest  therein,  and  must  be  ac- 
companied by  the  affidavit  of  one  of  the  signers  thereof  that  each  signa- 
ture thereof  is  the  genuine  signature  of  the  person  whose  name  is  thereto 
subscribed;  and  in  case  any  signature  is  made,  by  an  agent,  there  must 
be  attaclicd  to  the  protest  the  aHidavit  of  the  agent  that  he  is  duly 
authorized  to  sign  such  protest.  Any  protest  not  complying  ..with  the 
foregoing  requirements,  shall  not  be  considered  by  the  city  council.  In 
the  case  of  property  held  by  tenancy  in  common,  if  any  cotenant  sign 
such  protest,  only  the  proportionate  share  of  the  frentagc  thereof  repre 
sented  by  his  interest  therein,  shall  be  counted  in  determining  the 
amount  of  frontage  represented  by  such  protest.  The  clerk  shall  in<lorse 
on  every  such  protest  the  date  of  its  reception  by  him,  and,  at  the  next 
regular  meeting  of  the  city  council,  after  the  expiration  of  the  time 
for  filing  protests,  he  shall  present  to  said  city  council  all  protests  so 
filed  with  him.  If  such  protests  are  against  said  improvement,  and  said 
city  council  finds  that  the  same  are  signed  by  the  owners  of  a  majority 
of  the  frontage  of  the  pro]ierty  fronting  on  streets  or  parts  of  street* 
within  said  assessment  district,  all  further  proceedings  under  said  or- 
dinance of  intention,  excepting  in  the  cases  hereinafter  otherwise  pro- 
vided, shall  bo  barred,  and  no  new  ordinance  of  intention  for  the  same 
improvement  shall  be  passed  within  six  months  after  the  presentation 
of  such  protest  to  the  city  council,  unless  the  owners  of  a  majority  of 
the  property  fronting  on  streets  or  parts  of  streets  within  said  assess- 
ment district  shall  in  the  meantime  petition  therefor.  For  the  purpose 
of  passing  upon  and  determining  the  sufficiency  of  such  protests  in  cases 
where  by  a  resolution  of  intention  it  is  declared  that  the  city  shall 
pay  a  percentage  of  the  expense  of  the  imjirovement,  the  city  shall  be 
deemed  to  be  the  owner  of  frontage  within  the  assessment  district  bear- 
ing the  same  i>roportion  to  the  whole  frontage  therein  as  the  proportion 
of  the  expense  which  it  is  to  pay,  and  the  actual  frontage  of  property 
within  such  district  shall  be  increased  by  the  addition  of  such  amount  as 
is  necessarv  to  produce  said  result,  and  the  amount  of  frontage  as  so 
increased  shall  be  the  tot-al  frontage  to  be  used  in  determining  whetlier 
a  protest  is  signed  by  the  owners  of  a  majority  of  the  frontage  of  the 
property  fronting  on  streets  or  parts  of  streets  within  the  said  assesj;ment 
district.  If  such  protests  are  again.<;t  the  improvement,  and  the  council 
finds  that  they  are  not  signed  by  the  owners  of  a  majority  of  the  f'  •  • 
ago  of  the  property  fronting  ou  streets  or  parts  of  streets  wiihin  said  a^-    - 


J-^93  STREETS.  'Act  3928,  §14 

iiipnt  distrirt,  or  if  surh  protests  are  only  against  the  extent  of  .said 
assessment  district,  or  if  the  proposed  improvement  is  for  the  op,^ning 
or  extending  of  a  street  for  a  distance  of  not  more  than  two  blocks  in- 
tervening between  the  terminations  of  two  different  streets,  or  two 
portions  of  the  same  street,  existing  at  the  time  of  the  jmssage  of  the 
ordinance  of  intention  for  the  proposed  improvement,  each  of  said  dif- 
ferent streets  or  said  portions  of  the  same  street  being  at  least  five 
blocks  in  length,  and  the  opening  or  extending  of  the  street  described 
in  the  ordinance  of  intention  through  such  intervening  block  or  blocks  will, 
together  with  such  different  streets  or  portions  of  the  same  street  so 
existing,  make  one  connecting  or  continuous  street,  as  nearly  as  may 
be  practicable,  or  if  the  proposed  improvement  is  for  the  opening  or 
extending  of  a  street  into  a  different  street,  for  a  distance  of  not  more 
than  one  block  intervening  between  the  termination  of  such  street  so 
proposed  to  be  opened  or  extended  and  such  different  street,  when  the 
street  so  proposed  to  be  opened  or  e3?tended  through  such  intervening 
block  exists,  at  the  time  of  the  passage  of  the  ordinance  of  intention, 
for  a  distance  of  at  least  five  blocks,  or  if  the  proposed  improvement 
is  for  the  opening  or  extending  of  a  public  street,  lane,  alley,  court  or 
place  through  the  remainder  of  a  block  when  such  public  street,  lane, 
alley,  court  or  place  exists,  at  the  time  of  the  passage  of  the  ordinance 
of  intention  for  the  proposed  improvement,  for  at  least  one-half  of  the 
distance  through  such  block,  the  city  council  shall  thereupon  fix  a  time 
for  hearing  said  protests,  not  less  than  ten  days  after  the  meeting  of 
the  council  at  which  such  time  is  so  fixed,  and  shall  cause  notice  of 
the  time  of  such  hearing  to  be  published  for  at  least  five  days  in  a  daily 
newspaper  published  and  circulated  in  said  city,  or  if  there  be  no  such 
daily  newspaper,  by  at  least  two  insertions  in  a  weekly  newspaper  so 
published  and  circulated,  the  city  council  shall  hear  said  protests  at 
the  time  appointed,  or  at  any  time  to  which  the  hearing  thereof  may  be 
adjourned,  and  pass  upon  the  same,  and  its  decision  thereon  shall  be 
final  and  conclusive.  If  any  such  protests  are  sustained,  no  further 
proceedings  shall  be  had  under  said  ordinance  of  intention,  but  a  new 
ordinance  of  intention  for  the  same  improvement  may  be  passed  at  any 
time.  If  the  protests  are  denied,  the  proceedings  shall  continue  as  if 
such  protests  had  not  been  made.  At  the  expiration  of  the  time  within 
which  protests  may  be  filed,  if  none  are  filed,  or  if  protests  are  filed, 
and  after  hearing  are  denied,  as  above  provided,  then  upon  such  denial, 
the  city  council  shall  acquire  jurisdiction  to  order  the  improvement 
described  in  the  ordinance  of  intention.  [Amendment  approved  June  10, 
1913;   Stats.  1913,  p.  431.] 

Abandonment  of  proceedings, 

§  14.  The  city  council  jnay,  at  any  time  prior  to  the  payment  of  the 
compensation  aw'arded  the  defendants,  abandon  the  proceedings,  by  ordi- 
nance, and  cause  the  said  action  to  be  dismissed,  without  prejudice;  and 
if   any   of   the   assessments   levied   to   pay   the   expense   of   the   improve- 


Act  3928,  §§  16,26a  general  laws.  1994 

ments,  as  hereinafter  proviJed,  shall  have  been  actually  paid  in  money 
at  the  time  of  such  abandonment,  the  same  shall  be  refunded  to  the 
persons  by  whom  they  were  paid.  If  the  proceedings  be  abandoned  or 
the  action  dismissed  no  attorneys'  fees  shall  be  awarded  the  defendants 
or  either  or  any  of  them.  [Amendment  approved  April  12,  1911;  Stats. 
1911,   p.   894.] 

Delivery  of  diagram.     Completed  a-ssessment. 

§  16.  The  city  engineer  shall  deliver  said  diagram  to  the  street  su- 
perintendent and  shall  indorse  thereon  the  date  of  such  delivery.  The 
street  superintendent  upon  receiving  the  said  diagram  shall  proceed  to 
assess  the  total  expenses  of  the  projiosed  improvement  (first  deducting 
from  such  total  expenses  such  percentage  thereof,  if  any,  as  the  city 
council  may  have  declared  by  the  ordinance  of  intention  that  the  city 
shall  pay)  upon  and  against  the  lands,  including  the  property  of  any 
railroad  or  street  railroad,  within  said  assessment  district,  except  the 
land  to  be  taken  for  such  improvement,  in  proportion  to  the  benefits 
to  be  derived  from  said  improvement.  The  street  superintendent  shall 
complete  said  as.sessment  within  sixty  days  after  the  receipt  by  him 
of  said  diagram;  provided,  however,  that  the  city  council  may  by  order 
extend  the  time  for  completing  said  assessment  for  a  period  not  exceed- 
ing ninety  days  additional.  The  total  expense  of  the  improvements  bo 
to  be  assessed  shall  include  the  amounts  awarded  to  the  defendants  by 
the  interlocutory  judgment  in  the  action  for  condemnation,  together  with 
their  costs,  the  comju-nsation  and  expenses  of  the  referees,  as  allowed 
by  the  court,  and  all  other  costs  of  the  plaintiff  in  such  action,  the 
expenses  of  making  the  assessment,  and  all  expenses  necessarily  incurred 
bj'  said  city,  in  connection  with  the  |>roposed  improvement,  for  the  pub- 
lication of  ordinances,  posting  and  publication  of  notices,  for  maps, 
diagrams,  plans,  surveys,  searches  and  certificates  of  title  to  the  prop- 
erty to  be  taken,  and  all  other  matters  incident  thereto,  [.\mendment 
approved   .Tune    10,    1913;    Stats.    UiL-^,    p.   433.) 

New  assessment  when  first  Invalid.  Court  to  point  out  defects.  Ee- 
assessment  based  on  benefits.  Charge  on  property.  Reassessment, 
how  made. 
§  26a.  Whenever  any  assessment  made  and  issued  under  the  pro- 
visions of  this  act,  or  whenever  any  bond  or  bonds  issued  to  represent 
the  amount  of  any  such  assessment  in  accordance  with  the  provisions 
of  "An  act  providing  for  the  issuance  of  improvement  bonds  to  represent 
certain  special  assessments  for  public  improvements,  and  providing  for 
the  elTi'ct  and  enfon«Miient  of  such  bonds,"  ap[>roved  .\pril  27,  1911.  and 
all  acts  supplcniontary  thereto  or  amendatory  thereof,  have  been  set 
aside  bv  any  court  of  comj)etent  jurisdiction,  or  such  court  has  refused 
to  enforce  any  assessment,  or  has  decreed  any  such  bond  or  bonds  is- 
sued under  the  above-mentioned  statute.  api>roved  February  27,  1911, 
not  to  constitute  valid  and  suKsisting  lions  against  the  lots,  pieces  or 
parcels   of  land   upon   which   the   assessments   represented   by   them   hav« 


1995  STREETS.  Act  392S,  §  26a 

been  levied,  tlion  the  suporintendent  of  streets  shall  cause  a  new  assess- 
ment to  be  made  for  tlie  same  purpose  for  which  the  former  assessment 
was  made,  whether  any  of  the  assessments  have  been  paid  or  not,  and 
new  bonds  shall  in  regular  course  thereafter  issue  in  the  event  that 
bonds  were  issued  under  or  provided  for  in  the  original  assessment.  It 
is  hereby  made  the  duty  of  any  court  of  competent  jurisdiction  in  ren- 
dering its  judgment  holding  invalid  any  assessment  or  assessments  here- 
after made  or  issued,  or  of  any  bond  or  bonds  hereafter  made  or  issued 
to  represent  the  amount  or  amounts  of  any  such  assessment,  to  make 
a  finding  as  to  whether  or  not  the  issuing  of  such  assessment  was  entirely 
without  the  power  of  the  said  city  to  issue,  and  if  not,  then  what  omis- 
sion, irregularity,  illegality,  informality  or  noncompliance  with  the  re- 
quirements of  the  statutes  of  which  this  is  amendatory  has  occurred  in 
the  proceedings  upon  which  said  assessment  or  assessments  and  bonds 
rest,  and  what  effect  shall  be  given  to  them  in  making  the  reassessment. 
In  the  event  that  the  court  shall  find  that  the  improvement,  the  expenses 
of  which  are  represented  by  said  assessment  or  bonds,  was  commenced 
in  good  faith  and  carried  on  pursuant  to  an  ordinance  or  resolution  of 
the  city  council  providing  for  such  improvement  to  be  paid  for  by  a 
special  assessment,  it  shall  be  the  duty  of  the  said  court  to  order  the 
making  of  a  new  assessment.  The  city  council  may,  at  the  request  of 
any  interested  party,  or  on  its  own  motion,  by  resolution  duly  passed, 
set  aside  any  assessment  or  assessments  and  bonds,  as  the  case  may  be, 
and  order  a  new  assessment  or  assessments  and  bonds,  to  be  made  and 
issued  without  any  decree  having  been  obtained  of  or  from  any  court 
regarding  said  matter,  if  in  its  opinion  the  assessment  be  invalid,  and  it 
may  take  all  necessary  steps  and  make  and  pass  all  necessary  orders, 
resolutions  or  ordinances  to  reassess  and  relevy  such  assessment,  and 
may  reassess  and  relevy  the  same  with  the  same  force  and  effect  as  an 
original  levy.  Such  reassessment,  whether  made  after  decree  of  court 
has  been  rendered,  or  pursuant  to  a  resolution  of  the  council,  shall  be 
based  upon  the  special  and  peculiar  benefit  of  the  proposed  improvement 
to  the  respective  lots,  pieces  or  parcels  of  land  assessed'.  The  total 
amount  of  the  reassessment  shall  not  exceed  the  total  amount  of  the 
original  assessment.  Such  reassessment  so  made  shall  become  a  charge 
upon  the  property  upon  which  the  same  is  levied,  notwithstanding  any 
omission,  failure  or  neglect  of  any  officer,  body  or  person  to  comply  with 
the  provisions  of  this  statute,  and  notwithstanding  the  fact  that  the 
proceedings  of  the  city  council,  board  of  public  works  or  any  officer  of 
the  city  or  other  person  connected  with  such  proceedings,  may  have  been 
irregular,  illegal,  informal,  or  defective,  or  not  in  full  conformity  with 
the  "requirements  of  this  statute.  It  is  hereby  declared  to  be  the  true 
intent  and  meaning  of  this  section  to  make  the  cost  and  expense  of  all 
local  improvements  actually  made  or  proposed  to  be  made  in  the  at- 
tempted exercise  of  the  powers  conferred  upon  municipalities  under  this 
statute,  payable  by  the  real  estate  benefited  or  to  be  benefited  by  such 
improvements    by    making    a    reassessment    therefor    which    shall    b«    equi- 


Act  3928,  §  26a       general  laws.  1996 

tably  proportioned  to  each  lot,  each  piece  or  parcel  of  land  thereby  bene- 
fited the  amount  of  the  actual  benefits  derived  or  to  be  derived  from  said 
improvement,  notwithstanding  that  the  proceedings  of  the  city  council 
or  other  officers  or  agents  of  the  city,  or  other  persons  connected  there- 
with may  have  been  irregular,  illegal  or  defective,  or  not  in  full  con- 
formity with  the  requirements  of  this  statute.  Such  reassessment  shall 
be  made  without  a  repetition  of  the  proceedings  had  prior  to  the  issu- 
ance of  the  assessment  and  shall  be  made  and  issued  in  the  following 
manner:  The  superintendent  of  streets  shall,  upon  the  entering  of  a 
decree  of  court  directing  the  reassessment,  or  upon  the  passage  of  a 
resolution  of  the  city  council  directing  a  reassessment,  proceed  at  once 
to  make  a  reassessment  in  accordance  with  the  said  decree  of  court,  or 
said  resolution  of  the  city  council.  Such  reassessment  shall  be  made 
upon  the  district  described  in  the  ordinance  of  intention  for  said  im- 
provement, and  in  the  event  that  there  shall  have  been  informalities, 
uncertainties  or  ambiguities  in  the  description  of  the  limits  of  said  dis- 
trict, then  u[ion  the  district  which  the  court  or  council  shall  find  to  be 
that  actually  ben*fitcil  by  said  improvement,  but  in  so  fiu'Iing  said  court 
or  council  shall  follow  the  lines  described  in  the  ordinance  of  intention 
so  far  as  the  same  can  be  ascertained,  and  in  all  cases  of  uncertainty 
or  ambiguity  they  shall  give  regard  to  the  lines  described  and  make 
such  a  determination  as  to  the  lines  where  there  is  any  uncertainty  or 
ambiguity  in  the  ordinance  of  intention  as  may  be  just  and  equitable. 
In  tiie  event  that  a  portion  of  the  improvement  has  been  found  to  be 
entirely  without  the  power  of  said  city  to  order,  then  said  assessment 
shall  be  for  the  remainder  of  the  imi>rovement  only,  and  the  benefits 
arising  from  the  improvement  entirely  without  the  jurisdiction  of  the 
city  to  order  shall  not  be  considered  in  making  the  reassessment.  Upon 
the  completion  of  the  reassessment  it  shall  be  presented  to  the  city  coun- 
cil and  a  day  of  hearing  shall  be  fixed  by  it  which  shall  be  at  least 
twenty  (20)  days  after  the  filing  of  the  reassessment.  The  city  clerk 
shall  then  advertise  the  fact  of  filing  by  publishing  a  notice  in  the  offi- 
cial newspaper,  or  in  such  other  paper  as  the  council  may  direct,  by  five 
(5)  insertions  if  the  paper  be  a  daily,  or  by  two  (2)  insertions  if  it  be 
a  weekly  or  semi-weekly  newspaper,  stating  the  fact  that  the  reassess- 
ment has  been  filed  with  him  and  that  objections  to  said  reassessment 
will  be  hoard  at  the  time  specified  by  the  city  council.  .At  the  time  fixed 
for  such  hearing,  or  at  such  time  or  times  to  which  the  same  may  be 
thereafter  adjourned,  the  city  council  shall  consider  the  objections  to 
said  reassessment  and  in  its  discretion  revise,  correct  and  modify  such 
reassessment  in  such  manner  as  is  most  equitable,  and  it  shall  thereupon 
pass  a  resolution  approving  and  confirming  such  reassessment  and  such 
decision  shall  be  a  final  determination  of  all  matters  relating  to  the 
actual  benefits  derived  or  to  be  derived  from  the  improvement  by  the 
respective  lots,  pieces  and  parcels  of  land  enumerated  in  the  reasjess- 
mont.  Said  reassessment  sliall  tlicreupon  be  recorded  by  the  street  su- 
perintendent and  it  shall  in  all  respects  have  the  same  effect  and  weight 


1997  STREETS.  Act  3928,  §§30, 33 

as  the  original  assessment,  and  shall  be  enforced  in  the  same  manner. 
All  payments  made  upon  the  original  assessment  shall  be  credited  upon 
the  reassessment  and  in  the  event  that  the  reassessment  in  anj^  instance 
is  less  than  the  amount  of  the  original  assessment,  the  excess  shall  be 
payable  to  the  persons  who  paid  the  original  assessments.  [New  sec- 
tion approved  June  10,  1913;  Stats.  1913,  p.  433.] 

Receipts  paid  into  special  fund. 

§  30.  The  street  superintendent  shall  from  time  to  time  pay  over  to 
the  city  treasurer  all  moneys  collected  by  him  on  account  of  any  as- 
sessment made  under  the  provisions  of  this  act.  The  city  treasurer 
shall  on  receipt  thereof  place  the  same  in  a  special  fund,  designating 
such  fund  by  the  name  of  the  improvement  for  which  the  assessment 
was  made.  The  city  council  shall  on  or  before  the  time  when  said  assess- 
ments become  delinquent,  cause  to  be  transferred  from  the  general  or 
other  appropriate  fund  of  the  city  to  said  special  fund  the  percentage 
of  the  total  expense  of  such  improvement  to  be  paid  by  the  city  as 
provided  in  the  ordinance  of  intention.  [Amendment  approved  June 
10,   1913;   Stats.   1913,  p.  436.] 

Definitions. 

§  33.  The  following  words  and  phrases  shall,  where  used  in  this  act, 
have   the  following  meanings: 

(1)  The  term  "improvement"  includes  all  of  the  improvements  men- 
tioned in  section   1   of  this  act. 

(2)  The  terms  "municipality"  and  "city"  include  all  incorporated 
cities,  cities  and  counties,  and  other  corporations  organized  for  municipal 
purposes. 

(3)  The  terms  "city  council"  and  "council"  include  any  body  or  board 
in  which  by  law  is  vested  the  legislative  power  of  any  municipality. 

(4)  The  terms  "clerk"  and  "city  clerk"  include  any  person  or  officer 
who  acts  as  clerk  of  said  city  council. 

(5)  The  terms  "treasurer"  and  "city  treasurer"  include  any  person  or 
officer  who  has  charge  and  makes  payment  of  the  city  funds. 

(6)  The  term  "street  superintendent"  includes  any  officer  or  board 
whose  duty  it  is  by  law  to  have  the  care  or  charge  of  streets,  or  the 
improvement  thereof,  in  any  city.  In  any  city  where  there  is  no  street 
superintendent,  or  no  such  board,  the  city  council  thereof  is  hereby 
authorized  to  appoint  a  suitable  person  to  perform  the  duties  imposed 
bv  this  act  on  the  street  superintendent,  and  all  the  provisions  hereof 
ajpplicable  to  the  street  superintendent  shall  apply  to  the  person  so 
appointed. 

(7)  The  terms  "owner"  and  "any  person  interested"  include  the  person 
owning  the  fee,  or  the  person  in  whom,  on  the  day  any  protest  or  petition 
is  filed,  the  legal  title  to  real  property  appears,  by  deeds  duly  recorded 
in  the  county  recorder's  office  of  the  county  in  which  said  city  is  situ- 
ated, or  any  person  in  possession  of  real  property,  as  the  executor,  ad- 


Act  3929  GEXERAL  LAWS.  1998 

ministrator.  trustee  unfler  an  express  trust,  ^lardian  or  other  legal 
representative  of  the  owner,  or  any  person  in  possession  of  real  property 
unrler  a  written  contract  of  purchase  thereof  duly  recorded,  or  any 
person  in  possession  of  real  property,  as  lessee  thereof  under  a  lease  duly 
recorded,  which  shall  require  such  lessee  to  pay  or  discharge  all  assess- 
ments for  street  or  other  public  improvements,  that  may  be  levied  or 
assessed  against  such   real   property. 

(8)  The  term  "property  of  any  railroad  or  street  railroad"  shall  be 
deemed  to  include  and  shall  include  property  owned  or  controlleil  by  any 
person,  firm  or  corporation,  as  a  railroad,  street  railroad  or  interurban 
railroad  right  of  way  whether  such  right  of  way  be  owned  or  controlled 
in  fee  or  as  an  easement  or  by  virtue  of  a  franchise  or  otherwise,  also 
tlie  roadbed,  ties  and  rails  located  on  such  right  of  way;  and  such 
]iropcrty  sliall  be  assessed  and  the  assessment  thereof  enforced  in  the 
same  manner  and  to  the  same  efTect  as  other  lands  and  property  in  the 
assessment  district.  [Amendment  approved  April  10,  1911;  Stats.  1911, 
p.    855.] 

The  amendatory  act  of  April  12,  1911,  contained  the  folk'wincr  pro- 
vision: 

§  2.  The  provisions  of  this  act  shall  not  apply  to  or  aflfcct  any  pro- 
ceedings taken  under  the  att  to  whiih  this  act  is  amendatory,  and  pend- 
ing at  the  time  this  act  takes  eflfect,  an<l  in  which  the  interlocutory 
.TiiilgmcTit  has  been  entered.  [Amendment  approved  April  12,  1911; 
Stats.    1911,   p.   894.] 

Description  by  reference  sufficient. 

§  33a.  In  all  resolutions,  notices,  orders  and  determinations  subse- 
quent to  the  ordinance  of  intention  a  description  of  the  assessment 
district  by  reference  to  the  ordinance  of  intention  shall  be  sufficient, 
and  in  all  resolutions,  notices,  orders,  and  determinations  subsequent 
to  tlio  "notice  of  street  work"  a  description  of  the  work  by  reference 
to  the  ordinance  of  intention  shall  be  sulTicient.  [New  section  ap 
proved   ,lune    10,   1913;    Stats.   1913,   p.   436.] 

Citations.      C«l.    157/76.    82;    16.3/328.      App.   8/608.    609,    610;    10/379,    380. 

381;   14/760,  761.  762;   15/360,  362,  704;    17/648,  650.   652;   18/629.  635.   636; 

(§3)     15/703;     (§6)     15/360;     (§8)     18/630;     (jH)     15/361;     18/630.     635; 

(§14)    15/361;    18/636,    638;    (5  15)    17/649;    (§16)    17/648;    (§17)    17/649; 

18/631;     (§18)     18/636;     (§19)     15/361.    362;     17/652:    18/630.    636;     (§20) 

17/649;    18/630,    632.    633;    (§23)    17/649;    (§25)    17/652;    (| 26)    17/649. 

ACT   3929. 

Citations.      Cal.    158/14,    15,    16,    17,    19,    20,    21;    162/99. 


I'.'OD  STREETS.  Act  3930,  §  2 

ACT  3930. 

Au  act  to  provide  for  work  upon  streets,  lanes,  alleys,  courts,  places, 
anfl  sidewalks,  and  for  the  construction  of  sewers  within  munici- 
palities. 

[Approved  March  18,  1885.     Stats.  1885,  p.  147.] 
Amended   1887,  p.   148;   1889,  p.   157;    1891,  pp.   116,   196,   461;    189.?,   pp.   33, 
89,  172;   1899,  p.  23;   1903,  p.  88;   1905,  pp.  15,   63;   1907,  pp.  126,   1000;   1909, 
pp.  31,   399,   1017;    1911,  pp.   626,   849;    1913,  pp.   353,  402. 

This  act  was  repealed,  in  so  far  as  it  related  to  sidewalks,  by  the  act  of 
Mari-h  9,  1909  (Stats.  1909,  p.  167).  See  General  Laws,  Act  3935.  The  repeal- 
ing act  of  1909  was  itself  repealed  in  1911  (Statutes  1911,  page  618),  and  the 
repealing  act  expressly  revived  the  provisions  of  this  act  relating  tu  sidewalks. 
See  post,  Act  3935. 

The  amendments  of  1911  and  1913  are  as  follows: 

City  council  may  order  streets  Improved,  Acquisition  of  public  utility. 
§  2.  Whenever  the  public  interest  or  convenience  may  require,  the 
city  council  is  hereby  authorized  and  empowered  to  order  the  whole 
or  any  portion,  either  in  length  or  width,  of  any  one  or  more  of  the 
streets,  avenues,  lanes,  alleys,  courts,  places,  boulevards,  highways,  cross- 
ings, intersections  or  public  ways  of  any  such  city  graded  or  regraded 
to  the  official  grade,  planked  or  replanked,  paved  or  repaved,  macadam- 
i7;ed  or  remacadamized,  graveled  or  regraveled,  piled  or  repiled,  capped 
or  recapped,  oiled  or  reoiled,  and  to  order  the  construction  or  recon- 
struction therein  of  sidewalks,  crosswalks,  culverts,  bridges,  gutters, 
curbs,  steps,  parkings  and  parkways,  sewers,  ditches,  drains,  conduits 
and  channels  for  sanitary  and  drainage  purposes  or  either  or  both 
thereof,  with  outlets,  cesspools,  manholes,  catch-basins,  flush  tanks, 
septic  tanks,  connecting  sewers,  ditches,  drains,  conduits,  channels  and 
other  appurtenances,  pipes,  hydrants  and  appliances  for  fire  protection, 
tunnels,  viaducts,  conduits  and  subways,  breakwaters,  levees,  bulk- 
heads and  walls  of  rock  or  other  material  to  protect  the  same  from  over- 
flow or  injury  by  water,  and  poles,  posts,  wires,  pipes,  conduits,  lamps 
and  other  suitable  or  necessary  appliances  for  the  purpose  of  lighting 
the  same,  the  planting  of  trees  thereon,  and  the  construction  or  recon- 
struction in,  over  or  through  property  or  rights  of  way  owned  by  such 
city,  of  tunnels,  sewers,  ditches,  drains,  conduits  and  channels  for  sani- 
tary and  drainage  purposes  or  either  or  both  thereof,  with  necessary 
outlets,  cesspools,  manholes,  catch-basins,  flush  tanks,  septic  tanks,  con- 
necting sewers,  ditches,  drains,  conduits,  channels  and  other  appurte- 
nances, pipes,  hydrants  and  appliances  for  fire  protection  and  break- 
watersl  levees,  bulkheads  and  walls  of  rock  or  other  material  to  protect 
the  streets,  avenues,  lanes,  alleys,  courts,  places,  public  ways  and  other 
property  in  any  such  city,  from  overflow  by  water,  and  to  order  any 
work  to  be  done  which  shall  be  deemed  necessary  to  improve  the  whole 
or  any  portion  of  such  streets,  avenues,  sidewalks,  lanes,  alleys,  courts, 


Act  3930,  §  3  GENERAL   LAWS.  2000 

places  or  puVjlic  ways  or  property  or  rights  of  way  of  such  city,  inclnd- 
ing  the  acquisition,  construction,  reconstruction,  extension,  maintenance 
or  repair  of  any  public  utility  owned  or  proposed  to  be  acquired  by  any 
municipal  corporation,  or  the  pipes,  wires,  conduits  and  othi»r  appliances 
and  appurtenances  for  the  operation  thereof;  provided,  that  such  acqui- 
sition of  any  public  utility  already  installed;  and  any  of  the  appliances 
and  appurtenances  thereof  shall  not  be  included  in  the  same  proceed- 
ing with  :iny  of  the  other  improvements  mentioned  in  this  section. 
[AmeiMlment' approved  .June  6,  191.3;  8tats.  1913,  p.  402.J 
Also  amended  April   5,   19U    (Stats.   1911,  p.  626). 

Resolution  of  intention.  Fablication  notices.  Unknown  owners.  Pro- 
te.sts.  Hearing.  Where  not  more  than  two  blocks  unimproved. 
Jurisdiction.  Plans  and  specifications.  Expenses  charged  against 
district. 
§  3.  Before  ordering  any  work  done  or  improvonient  made,  which 
is  authorized  by  section  2  of  this  act,  the  city  council  shall  pass  a  reso- 
lution of  intention  so  to  do,  and  describing  the  work,  which  shall  be 
posted  conspicuously  for  two  days  on  or  near  the  chamber  door  of  said 
council,  and  p+*biishpd  by  two  insertions  in  one  or  more  daily,  semi- 
woekly  or  weekly  newsjiapers  published  and  circulator!  in  said  city  and 
designated  by  said  council  for  tliat  purpose.  Whenever  the  construc- 
tion of  culverts,  briilges,  gutters,  curbs,  steps,  parkings  and  parkways, 
sewers,  ditches,  drains,  conduits  and  channels  for  sanitary  and  drainage 
purposes,  or  eitlier  or  both  thereof,  together  with  appurtenances,  pipes, 
wires,  conduits  and  other  appliances  aud  appurtenances,  constitutes  the 
work  or  improvement  or  any  porticn  thereof  mentioned  in  the  resolu- 
tion of  intention,  such  res(dution  of  intention  shall  be  sufficient  if  it 
mentions  the  fact  that  the  construction  of  said  improvements,  or  such 
of  them  as  it  be  desired  to  have  done  in  the  work  or  improvement,  is 
embraced  in  the  said  work  or  improvement,  briefly  describes  the  sam»; 
and  refers  to  plans  and  specifications  on  file  with  the  city  engineer  or 
city  clerk  for  ynirt iculars.  The  street  superintendent  shall,  after  the 
passage  of  the  resolution  of  intention,  cause  to  be  conspicuously  posted 
along  all  streets  and  parts  of  streets  or  other  public  places  and  rights 
of  way  where  any  work  is  to  be  done  or  improvement  made  at  not 
more  than  three  hundred  (300)  feet  apart  but  not  less  than  three  in 
all,  or  when  the  work  to  be  done  is  only  upon  an  entire  crossing  or 
any  part  thereof,  in  front  of  each  quarter  block  and  irregular  block 
liable  to  be  assessed,  notices  of  the  jiassage  of  said  resolution.  Said 
notices  shall  be  headed  "notice  of  street  work."  in  letters  of  not  less 
than  one  inch  in  length,  and  shall,  in  legible  characters,  state  the  fact 
of  the  passage  of  the  resolution,  its  date  and  briefly  describe  the  work 
or  iniprovomont  projiosed,  aud  refer  to  the  resolution  for  further  jiar- 
ticulars.  ITe  shall  also  cause  a  notice  similar  in  substance,  to  be  pub- 
lished by  two  insertions  in  one  or  more  daily  newspapers  published  and 


2001  STREETS.  Act  3930,  §  3 

circulated  in  said  city,  and  designated  by  said  city  council,  or  in  cities 
where  there  is  no  daily  newspaper  by  one  insertion  in  a  semi-weekly 
or  weekly  newspaper  so  published,  circulated  and  designated.  In  case 
there  is  no  such  paper  published  in  said  city,  said  notice  shall  be  posted 
tor  six  days  on  or  near  the  chamber  door  of  said  council,  and  in  two 
other  cons])icuous  places  in  said  city,  as  hereinafter  provided.  The  city 
clerk  shall  immediately  upon  the  passage  of  said  resolution  of  inten- 
tion mail,  postage  prepaid,  to  each  property  owner  whose  property  is  to 
be  assessed  to  pay  the  costs  and  expenses  of  said  improvement  at  his 
last  known  address  as  the  same  appears  upon  the  tax-rolls  of  said  city, 
or  when  no  address  so  appears,  to  the  general  delivery,  a  postal  card 
containing  a  notice  which  shall  be  in  the  following  or  substantially  the 
following  form  (filling  blanks): 

"You  are  hereby  notified  that  on  the  day  of ,  19 — ,  the  council 

of  the  <:ity  of ,  California,  by  virtue  of  an  act  commonly  known  as 

'the  Vrooman  act,'  passed  a  resolution  of  intention  providing  for  the  im- 
provement of  street  between  street  and  street.     You  are 

hereby  referred  to  the  said  resolution  for  further  particulars.  Property 
belonging  to  you  is  to  be  assessed  for  this  improvement. 

City  Clerk." 
If  any  lots  or  parcels  of  land  in  the  assessment  district  be  assessed 
to  "unknown  owners"  on  the  tax-rolls  of  said  city,  no  postal  cards  con- 
taining such  notice  need  be  mailed  to  the  owners  thereof.  The  city  clerk 
shall,  upon  the  completion  of  the  mailing  of  said  postal  cards,  file  in 
the  ofliee  of  the  superintendent  of  streets  an  affidavit  setting  forth  the 
time  and  manner  of  the  compliance  with  this  requirement;  provided, 
tlvat  the  failure  of  the  city  clerk  to  mail  said  cards,  or  the  failure  of 
the  property  owners  to  receive  the  same,  or  the  failure  of  the  superin- 
tendent of  streets  to  post  the  notices  of  street  work,  shall  in  no  wise 
affect  the  validity  of  the  proceedings  or  prevent  the  city  council  from 
acquiring  jurisdiction  to  order  the  work;  provided,  however,  that  the 
city  council  may  require  affidavits  to  be  filed  showing  the  posting  and 
mailing  of  notices  before  it  adopts  the  resolution  ordering  the  work. 
The  owners  of  a  majority  of  the  frontage  of  the  property  fronting  on 
said  proposed  work  or  improvement  where  the  same  is  for  one  block  or 
more,  may  make  a  written  objection  to  the  same  within  ten  days  after 
the  expiration  of  the  time  of  the  publication  and  posting  of  said  notice, 
which  objection  shall  be  delivered  to  the  clerk  of  the  city  council  who 
shall  ind^orse  thereon  the  date  of  its  reception  by  him,  and  such  objec- 
tions so  delivered  and  indorsed  shall  be  a  bar  for  six  months  to  any 
further  proceedings  in  relation  to  the  doing  of  said  work  or  making 
said  improvements,  unless  the  owners  of  one-half  or  more  of  the  front- 
age, as  aforesaid,  shall  meanwhile  petition  for  the  same  to  be  done.  At 
any  time  before  the  issuance  of  the  assessment-roll,  all  owners  of  lots 
or  lauds  liable  to  assessment  therein,  who,  after  the  first  publication  of 
12G 


Act  3930,  §  3  GENERAL   LAWS.  2002 

said  resolution  of  intention,  may  feel  aggrievef],  or  who  may  have  ob- 
.lections  to  any  of  the  subsequent  proceedings  of  said  council  in  rela- 
tion to  the  performance  of  the  work  mentioned  in  said  notice  of  inten- 
tion, shall  file  with  the  clerk  a  petition  of  remonstrance,  wherein  they 
shall  state  in  what  respect  they  feel  aggrieved,  or  the  proceedings  to 
which  they  object;  such  petition  or  reniunstrance  shall  be  passed  upon 
by  the  said  city  council,  and  its  decision  therein  shall  be  final  and  con- 
clusive. But  when  the  work  or  improvement  proposed  to  be  done  is  the 
construction  of  sewers,  manholes,  culverts,  or  cesspoola,  crosswalks,  or 
sidewalks,  curbs  and  gutters,  and  the  objection  thereto  is  signed  by  the 
owners  of  a  majority  of  the  frontage  liable  to  be  assessed  for  the  ex- 
pense of  said  work,  as  aforesaid,  the  city  c<iuncil  shall,  at  its  next  meet 
iiig,  fix  a  time  for  hearing  said  objections,  not  jess  than  one  week 
thereafter.  The  city  clerk  shall  thereupon  notify  the  persons  making 
such  objections,  by  depositing  a  notice  thereof  in  the  postofliice  of  said 
city,  postage  prepaid,  addressed  to  each  objector,  or  his  agent,  when  he 
appears  for  such  objector.  At  the  time  specified  said  city  council  shall 
hear  the  objections  urged,  and  pass  upon  the  same,  and  its  decision 
shall  be  final  and  conclusive,  and  the  said  bar  for  six  months  to  any 
further  proceedings  shall  not  be  applicable  thereto.  And  when  not 
more  than  two  bhuks,  including  street  crossings,  remain  ungraded  to  the 
ofruial  grade,  or  otlicrwise  unimproved,  in  whole  or  in  part,  and  a  block 
or  more  on  each  side  ujion  said  street  has  been  so  graded  or  otherwise 
improved,  or  when  not  more  than  two  blocks  at  the  end  of  a  street  re- 
)naiii  so  ungraded  or  otherwise  unimprove*!,  said  city  council  may  order 
;iny  of  tlie  work  mentioned  in  this  act  to  be  done  upon  said  intervening 
ungraded  or  unimproved  part  of  said  street,  or  at  the  end  of  a  street, 
and  said  work  upon  said  intervening  part,  or  at  the  end  of  a  street, 
shall  not  bo  stayed  or  prevented  by  any  written  or  other  objection 
unless  such  council  shall  deem  proper.  And  if  one-half  or  more  in  width 
or  in  length,  or  as  to  grading,  one-half  or  more  of  the  grading  work  of 
any  street  lying  and  being  between  two  successive  main  street  crossings, 
or  if  a  crossing  has  already  been  partially  grade<i  or  improved  as  afore- 
said, said  council  may  order  the  remainder  improveil,  graded  or  otherwi.xe, 
rotwithstanding  such  objections  of  property  owners.  At  the  expiration 
of  twenty  days  after  the  expiration  of  the  time  of  said  publication  by 
said  street  superintendent,  and  at  the  ex])iration  of  twenty-five  days 
afti'r  the  advertising  and  posting,  as  aforesaid,  of  any  resolution  of  in- 
tention, if  no  written  objection  to  the  work  therein  described  has  been 
delivered,  as  aforesaid,  by  the  owners  of  a  major  frontage  of  the  prop- 
erty fronting  on  said  proposed  work  or  improvement,  or  if  any  written 
objection  purporting  to  be  signed  by  the  owners  of  a  major  frontage  is 
disallowed  by  said  council,  as  not  of  itself  barring  said  work  for  six 
months,  because  in  its  judgment,  said  objection  has  not  been  legally 
signed  by  the  owners  of  a  majority  of  said  frontage,  the  city  council 
shall  lie  deemed  to  have  acquired  jurisdiction  to  order  any  of  tl>e  work 
to   be   done,   or   iinjirovemeut   to   be   made,   which   is   authorized   by   this 


2U03  STREETS.  Act  3930,  §  5 

lit;  which  orrler,  -when  made,  shall  be  published  for  two  days,  the 
:iine  as  provided  for  the  publication  of  the  resolution  of  intention, 
Before  passing  any  resolution  for  the  construction  of  said  improvements, 
plans  and  specifications  and  careful  estimates  of  the  costs  and  expenses 
I  hereof  shall  be  furnished  to  said  city  council,  if  required  by  it,  by  the 
ity  engineer  of  said  city;  and  for  the  work  of  constructing  sewers, 
specifications  shall  always  be  furnished  by  him.  Whenever  the  contem- 
plated work  or  improvement  in  the  opinion  of  the  city  council,  is  of  more 
than  local  or  ordinary  public  benefit,  or  whenever,  according  to  esti- 
mates to  be  furnished  by  the  city  engineer,  the  total  estimated  costs 
and  expenses  thereof  would  exceed  one-half  the  total  assessed  value  of 
the  lots  and  lands  assessed,  if  assessed  upon  the  lots  or  land  fronting 
upon  said  proposed  work  or  improvement,  according  to  the  valuation 
fixed  by  the  last  assessment-roll  whereon  it  was  assessed  for  taxes  for 
municipal  purposes,  and  allowing  a  reasonable  depth  from  such  frontage 
for  lots  or  lands  assessed  in  bulk,  the  city  council  may  make  the  ex- 
pense of  such  work  or  improvement  chargeable  upon  a  district,  which 
said  city  council  shall,  in  its  resolution  of  intention,  declare  to  be  as- 
sessed to  pay  the  costs  and  expenses  thereof.  Said  resolution  of  inten- 
tion shall  in  general  terms  describe  the  said  district  and  refer  to  a  plat 
or  map  approved  by  the  city  council,  which  shall  indicate  by  a  boundary 
line  the  extent  of  the  territory  to  be  included  in  said  assessment  dis- 
trict, which  plat  or  map  shall  be  on  file  in  the  office  of  the  city  engineer 
before  said"  superintendent  of  streets  shall  proceed  with  the  publication 
and  posting  of  the  notices  of  street  work,  and  shall  govern  for  all  de- 
tails as  to  the  extent  of  the  said  assessment  district.  Objections  to  the 
extent  of  the  district  of  lands  to  be  affected  or  benefited  by  said  w*rk 
or  improvement,  and  to  be  assessed  to  pay  the  cost  and  expenses  thereof, 
may  be  made  by  interested  parties,  in  writing,  within  ten  days  after 
the  expiration  of  the  time  of  the  publication  of  the  uotice  of  the  passage 
of  the  resolution  of  intention.  The  city  clerk  shall  lay  such  objections 
before  the  city  council,  which  shall,  at' its  next  meeting,  fix  a  time  for 
hearing  said  objections  not  less  than  one  week  thereafter.  The  city 
clerk  shall  thereupon  notify  the  persons  making  such  objections  by  de- 
positing a  notice  thereof  in  the  postoffice  of  said  city,  postage  prepaid, 
addressed  to  each  objector.  At  the  time  specified  the  city  council  shall 
hear  the  objections  urged,  and  pass  upon  the  same,  and  its  decision  shall 
be  final  and  conclusive.  If  the  objections  are  sustained,  all  proceedings 
shall  be  stopped;  but  proceedings  may  be  immediately  again  commenced 
by  giving  the  notice  of  intention  to  do  the  said  work  or  make  said 
improvements.  If  the  objections  are  overruled  by  the  city  council,  the 
proceedings  shall  continue  the  same  as  if  such  objections  had  not  been 
made.     [Amendment   approved  June   6,   1913;   Stats.   1913,  p.   403.] 

Procedure  preliminary  to  letting  contracts.    Award  of  contract,  etc. 

§  5.     Before  the  awarding  of  any  contract  by  the  city  council  for  do- 
ing anv  work  authorized  by  this  act,  the  city  council  shall  cause  notice, 


Act  3930,  §  5  GENERAL   LAWS.  2004 

with  spocifioations,  to  be  posted  conspicuously  for  five  days  on  or  near 
the  eounfil  chamber  door  of  said  council,  inviting  sealed  proposals  or 
V>iilfi  for  doing  the  work  ordered,  and  shall  also  cause  notice  of  said  work 
invitinfj  said  profiosal,  and  referring  to  the  specifications  posted  or  on 
file,  to  be  published  for  two  days  in  a  daily,  semi-weekly,  or  weekly 
newHf)aper,  published  and  circulated  in  said  city,  designated  by  the 
council  for  the  purpose,  and  in  case  there  is  no  newspaper  published 
in  said  city,  then  it  shall  only  be  posted  as  hereinbefore  provided.  All 
proposals  or  bids  offered  shall  be  accompanied  by  a  check  piayable  to  the 
order  of  the  mayor  of  the  city,  certified  by  a  responsible  bank,  for  an 
amount  which  shall  not  be  less  than  ten  per  cent  of  the  aggregate  of 
the  profiosaj,  or  by  a  bond  for  the  said  amount  and  so  payable,  signed 
by  the  bidder  and  by  two  sureties,  who  shall  justify,  before  any  officer 
coiiij)etent  to  administer  an  oath,  in  double  the  said  amount,  and  over 
and  above  all  statutory  exemjitions.  Said  proposals  or  bids  shall  be 
delivered  to  the  clerk  of  the  said  city  council,  and  said  council 
shall,  in  open  session,  examine  and  publicly  declare  the  same;  provided, 
however,  that  no  proposal  or  bid  shall  be  considered  unless  accompanied 
by  said  check  or  bond  satisfactory  to  the  council.  The  city  council  may 
reject  any  and  all  proposals  or  bids  should  it  deem  this  for  the  public 
good,  and  also  the  bid  of  any  party  who  has  been  delinquent  and  nn- 
fnilliful  in  any  former  contract  with  tlie  municipality,  and  shall  reject 
ail  proposals  or  bids  other  than  the  lowest  regular  proposal  or  bid  of  any 
responsible  bidder,  and  may  award  the  contract  for  said  work  or  im- 
provement to  the  lowest  resjionsible  bidder  at  the  prices  named  in  his 
bid,  which  award  shall  be  aiii)roveil  by  the  mayor  or  a  three-fourths  vote 
ot  the  city  council.  If  not  ajiprovod  by  him,  or  a  three-fourths  vote 
of  the  city  council,  without  further  proceedings,  the  city  council  may 
rendvertise  for  proposals  or  bids  for  the  jierformance  of  the  work  as 
in  the  first  instance,  and  thereafter  proceed  in  the  manner  in  this  section 
provided,  .ind  shall  thereupon  return  to  the  pro[.er  parties  the  respective 
checks  and  bonds  corresjionding  to  tiie  bids  so  rejected.  But  the  checks 
accompanying  such  accepted  proposals  or  bids  shall  be  held  by  the  clerk 
of  said  city  until  the  contract  for  doing  said  work,  as  hereinafter  pro- 
vided, has  been  entered  into,  either  by  said  lowest  bidder  or  by  the 
owners  of  three-fourths  part  of  the  frontage,  whereupon  said  certified 
check  shall  be  returned  to  said  bidder.  But  if  said  bidder  fails,  neglects 
or  refuse.s  to  enter  into  the  contract  to  perform  said  work  or  improve- 
ment, as  hereinafter  provided,  then  the  certified  check  accompanjing  his 
bid  and  the  amount  tlierein  mentioned,  shall  be  declared  to  be  forfeited 
to  said  city,  and  shall  be  collected  by  it  and  paid  into  its  fund  for  repairs 
of  streets;  any  bond  forfeited  may  be  prosecuted,  and  the  amount  due 
thereon  collected  and  jujid  into  said  fund.  Notice  of  such  awards  of 
contracts  shall  be  ]»osted  for  five  days,  in  the  same  manner  as  herein- 
before i)rovided  for  the  ])Osting  of  proposals  for  said  work.  It  shall  be 
puliiishrd  for  two  days  in  a  daily  newspaper  published  and  circulated  in 
said  city  and  designated  by  said  city  council,  or  in  cities  where  there  is 


2005  STREETS.  Act  3930,  |.  5 

no  daily  newspnper,  hy  one  insertion  in  a  semi-weekly  or  weekly  news- 
jiaper  so  published,  circulated  and  designated;  provided,  however,  that 
in  case  there  is  no  newspaper  printed  or  published  in  any  such  city,  then 
Buch  notice  of  award  shall  only  be  kept  posted  as  hereinbefore  provided. 
The  owners  of  three-fourths  of  the  frontage  of  lots  and  lands  upon  the 
stleet  whereon  said  work  is  to  be  done,  or  their  agents,  and  who  shall 
make  oath  that  they  are  such  owners  or  agents,  shall  not  be  required 
to  present  sealed  proposals  or  bids,  but  may^  within  ten  days  after  the 
first  posting  and  publication  of  said  notice  of  said  award,  elect  to  take 
said  work  and  enter  into  a  written  contract  to  do  the  whole  work  at 
the  price  at  which  the  same  has  been  awarded.  Should  the  said  owners 
fail  to  elect  to  take  said  work,  and  to  enter  into  a  written  contract 
therefor  within  ten  days,  or  to  commence  the  work  within  fifteen  days 
after  the  first  posting  and  publication  of  said  award,  and  to  prosecute 
the  same  with  diligence  to  completion,  it  shall  be  the  duty  of  the  super- 
intendent of  streets  to  enter  into  a  contract  with  the  original  bidder  to 
whom  the  contract  was  awarded,  and  at  the  prices  specified  in  his  bid. 
But  if  such  original  bidder  neglects,  fails  or  refuses,  for  fifteen  days 
after  the  first  posting  and  publication  of  notice  of  award,  to  enter  into 
the  contract,  then  the  city  council,  without  further  proceedings,  shall 
again  advertise  for  proposals  or  bills  as  in  the  first  instance,  and  award 
the  contract  of  said  work  to  the  then  lowest  regular  bidder.  The  bids 
of  all  persons  and  the  election  of  all  owners,  as  aforesaid,  who  have 
failed  to  enter  into  the  contract  as  herein  provided,  shall  be  rejected 
in  any  bidding  or  election  subsequent  to  the  first  for  the  same  work. 
If,  however,  the  owner  or  contractor,  who  may  have  taken  any  contract, 
do  not  complete  the  same  within  the  time  limited  in  the  contract,  or 
within  such  further  time  as  the  city  council  may  give  them,  the  superin- 
tendent of  streets  shall  report  such  delinquency  to  the  city  council, 
which  may  relet  the  unfinished  portion  of  said  work,  after  pursuing  the 
formalities  prescribed  hereinbefore  for  the  letting  of  the  whole  in  the 
first  instance.  All  contractors,  contracting  owners  included,  shall,  at  the 
time  of  executing  any  contract  for  street  work,  execute  a  bond  to  the 
satisfaction  and  approval  of  the  superintendent  of  streets  of  said  city, 
with  two  or  more  sureties  and  payable  to  such  city,  in  such  sums  as  the 
mayor  shall  deem  adequate,  conditioned  for  the  faithful  performance  of 
the  contract;  and  the  sureties  shall  justify  before  any  person  competent 
to  administer  an  oath,  in  double  the  amount  mentioned  in  said  bond, 
over  and  above  all  statutory  exemptions.  Before  being  entitled  to  a 
contract,  the  bidder  to  whom  the  award  was  made,  or  the  owners  who 
have  elected  to  take  the  contract,  must  advance  to  the  superintendent 
ot  streets,  for  payment  by  him,  the  cost  of  publication  of  notices,  reso- 
lutions, orders,  or  other  incidental  expenses  and  matters  required  under 
the  proceedings  prescribed  in  this  act,  and  such  other  notices  as  may 
be  deemed  requisite  by  the  city  council;  provided,  however,  that  all 
contracts    entered   into   between    tLe   owners    of    any   property    and   the 


Mi  3930,  §  7  GENERAL   LAWS.  2006 

contractor  or  his  agents  to  perform  the  work  of  improvement  on  any 
street,  alley,  lane,  avenue,  place,  or  court,  shall  be  in  triplicate  and  shall 
contain  all  items  of  expense  and  the  total  contract  price  therefor,  and 
no  other  payment  shall  be  allowed  to  or  recovered  by  such  contractor, 
other  than  as  itemized  and  set  forth  in  said  contract.  The  original  of 
Buch  contract  shall  be  held  by  the  city,  one  copy  thereof  shall  be  held 
by  the  contractor  or  his  agent,  and  one  copy  thereof  duplicate  shall  be 
held  by  the  owners.  And  in  case  the  work  is  abandoned  by  the  city 
before  the  letting  of  the  contract,  the  incidental  expenses  incurred  pre- 
vious to  such  abandonment  shall  be  paid  out  of  the  city  treasury. 
[Amendment  approved    April   10,   1911;   Stat'*.    1911,   p.   S49.] 

£zi>enses  of  work. 

§  7.  Subdivision  One. — The  expenses  incurred  for  any  work  author- 
ized by  this  act  (which  expense  shall  not  include  the  cost  of  any  work 
done  in  such  portion  of  any  street  as  is  required  by  law  to  be  kept  in 
order  or  repair  by  any  person  or  comjiany  having  railroad  tracks  thereon, 
nor  include  work  which  shall  have  been  declared  in  the  resolution  of 
intention  to  be  as.sessed  on  a  di.strict  benefited)  shall  be  assessed  upon 
the  lots  and  lands  fronting  thereon,  except  as  her»in  specificaiiy  pro- 
vided; each  lot  or  portion  of  a  lot  being  separately  assessed,  in  pro- 
portion to  the  frontage,  at  a  rate  per  front  foot  siitTui.>nt  to  cover  the 
total  expense   of   the   work. 

Street  crossings. 

Sulidiv  ision  Two. — The  expense  of  the  work  done  on  main  street  cross- 
ings shall  be  assessed  at  a  uniform  rate  per  front  foot  of  the  quarter 
blocks  and  irregular  blocks  adjoining  and  cornering  upon  the  crossings, 
and  sei^arately  upon  tlie  whole  of  each  lot  or  portion  of  a  lot  having  any 
frontage  in  the  said  blocks  fronting  on  said  main  streets,  halfway  to 
the  next  main  street  crossing,  and  all  the  way  on  said  blocks  to  a  bound- 
ary line  of  the  city  where  no  such  crossing  intervenes,  but  only  accord- 
ing to  its  frontage  in  said  quarter  blocks  and  irregular  blocks. 

One  street  terminating  in  another. 

Subdivision  Three. — Where  a  main  street  terminates  in  another  main 
street,  the  expenses  of  the  work  done  on  one  half  of  the  width  of  the 
street  opposite  the  termination  shall  be  assessed  upon  the  lots  in  each 
of  the  two  quarter  blocks  adjoining  and  cornering  on  the  same,  accord- 
ing to  the  frontage  of  such  lots  on  said  main  streets,  and  the  expense 
of  the  other  half  of  the  width  of  said  street  upon  the  lot  or  lota  fronting 
on   the   latter  half  of  the  street   at   such   termination. 

Alley  crossings. 

Subdivision  Four. —  Where  any  alley  or  subdivision  street  crosses  a 
main  street  the  expense  of  all  work  done  on  said  crossing  shall  be 
iissosscd   on   all   lots  or  portions  of  lots  halfway   on   said  alley   or  subdi- 


2007  STREETS.  Act  3930,  §  7 

vision  street  to  the  next  crossing  or  intersection,  or  to  the  end  of  each 
aJley  or  sulxlivision  street,  if  it  does  not  meet  another. 

Alley  crossings. 

Subdivision  Five. — The  expense  of  work  done  on  alleys  or  subdivision 
street  crossings  shall  be  assessed  upon  the  lots  fronting  upon  such  alley 
or  subdivision  streets  on  eacli  side  thereof,  in  all  directions,  halfway  to 
the  next  street,  place  or  court,  on  either  side,  respectively,  or  to  the  end 
of  such  alley  or  subdivision  street,  if  it  does  not  meet  another. 

One  alley,  etc.,  terminating  in  another. 

Subdivision  Six. — Where  a  subdivision  street,  avenue,  lane,  alley,  place 
or  court  terminates  in  another  street,  avenue,  lane,  alley,  place  or  court, 
the  exjiense  of  the  work  done  on  one-half  of  the  width  of  the  subdivision 
street,  avenue,  lane,  alley,  place  or  court  opposite  the  termination,  shall 
be  assessed  ui>o'u  the  lot  or  lots  fronting  on  such  subdivision  street, 
avenue,  lane,  alley,  place  or  court  so  terminating,  according  to  its  front- 
age thereon,  halfway,  on  each  side,  respectively,  to  the  next  street, 
avenue,  lane,  alley,  place  or  court  or  to  the  end  of  such  street,  avenue, 
lane,  alley,  place  or  court,  if  it  does  not  meet  another,  and  the  other 
one-half  of  the  width  upon  the  lots  fronting  such  termination. 

Work  on  one  side  of  street. 

Subdivision  Seven. — Where  any  work  mentioned  in  this  act  (manholes, 
sewers,  cesspools,  culverts,  crosswalks,  piling  and  capping  excepted)  is 
done  on  one  side  of  the  center  line  of  any  street,  or  sewering  or  re- 
sewering  is  ordered  to  be  done  under  the  sidewalk  on  only  one  side  of 
any  street  for  any  length  thereof,  the  assessment  for  the  expenses  thereof 
shall  be  made  only  upon  the  lots  and  lands,  fronting  nearest  upon  that 
side  of  the  street  and  for  intervening  intersections  only  upon  the  two 
quarter  blocks  adjoining  and  cornering  upon  that  side. 

When  lots  belonging  to  state,  United  States  or  city  front  on  work. 

Subdivision  Eight. — Whenever  any  lot,  piece  or  parcel  of  land  belong- 
ing to  the  United  States  or  to  the  state  of  California,  or  any  lot,  piece 
or  parcel  of  land  belonging  to  any  county,  city,  public  agent,  mandatory 
of  the  government,  school  board,  educational,  penal  or  reform  institution 
or  institution  for  the  feeble-minded  or  the  insane,  and  being  in  use  in 
the  performance  of  any  public  function,  fronts  upon  the  proposed  work 
or  improvement  or  is  included  within  the  district  declared  by  the  city 
council  in  the  resolution  of  intention  to  be  the  district  to  be  assessed 
to  pay  the  costs  and  expenses  thereof,  the  city  council  may,  in  its  dis- 
cretion, in  the  resolution  of  intention,  declare  that  said  lots,  pieces  or 
parcels  of  land  so  owned  and  in  use,  or  any  of  them,  shall  be  omitted 
from  the  assessment  to  be  made  to  cover  the  costs  and  expenses  of  said 
work  or  improvement.  In  the  event  that  said  lots,  pieces  or  parcels  of 
land,  or  any  of  them,  shall,  by  said  resolution  be  omitted  from  the 
assessment,   then   the   total   expense   of   all   work  done   shall   be   assessed 


Act  3930,  §  7  GENERAL   LAWS.  2008 

on  the  remaining  lots  fronting  on  the  work  or  improvement  or  lying 
within  the  limits  of  the  assessment  district  without  regard  to  such  omitted 
lots,  pieces  or  parcels  of  lanfIT  In  the  event  the  city  council  shall,  in 
its  resolution  of  intention,  declare  that  the  said  lots,  pieces  or  parcels 
of  land  so  owned  and  in  use.  or  any  of  them,  shall  be  included  in  the 
assessment,  or  in  the  event  that  no  dci'lnration  is  made  respecting  such 
lots,  pieces  or  parcels  of  land,  then  such  sum  or  sums  as  thereafter  may 
he  assessed  against  such  lots,  pieces  or  parcels  of  land,  so  owned  and 
used,  shall  be  payable  by  the  city  out  of  the  general  fund,  unless  the 
council  shall  in  its  resolution  of  intention  designate  another  fund  and 
the  contract  for  said  work  or  improvement  thereafter  made  shall  coo- 
tain  a  provision  to  that  effect. 

Owners  may  do  grading. 

Siilidi vision  Nine. — It  shall  be  lawful  for  the  owner  or  owners  of  lots 
or  lands  fronting  upon  any  street,  tho  wiilth  and  grade  of  which  have 
been  estjiblished  by  the  city  council,  to  i)orform,  at  his  or  their  own  ex- 
pense (after  obtaining  permission  from  tlie  council  so  to  do,  but  before 
said  council  has  passed  its  resolution  of  intention  to  order  grading 
inclusive  of  this),  any  grading  upon  said  street,  to  its  full  width,  or  to 
the  center  line  thereof,  and  to  its  grade  as  then  established,  and  there- 
upon to  procure,  at  his  or  their  own  expense,  a  certificate  from  the  city 
engineer,  setting  forth  the  number  of  cubic  yards  of  cutting  and  filling 
maile  bj  him  or  them  in  said  gr.iding,  and  the  proportions  performed  bt 
each  owner,  and  tliat  the  same  is  done  to  the  established  width  and  grade 
of  said  f'reet,  or  to  the  center  line  thereof,  and  thereafter  to  file  said 
certificate  with  the  superintendent  of  streets,  which  certificate  fhe  super- 
intendent shall  record  in  a  book  kept  for  that  purpose  in  his  office, 
[iroperly  indexed.  Whenever  thereafter  the  city  council  orders  the 
grading  of  said  street,  or  any  portion  thereof,  on  which  any  grading 
certified  as  aforesaid  has  been  done,  the  bids  and  contracts  must  express 
the  i>rice  by  the  cubic  yard  for  cutting  and  filling  in  grading;  and  the 
said  owner  or  owners  and  his  or  their  successors  in  interest,  shall  he 
entitled  to  credit  on  fhe  assessment  upon  his  or  their  lots  and  lands 
fronting  on  said  streets  for  the  grading  thereof,  to  the  amount  of  tho 
cubic  yards  of  cutting  and  filling  set  forth  in  his  or  their  certificate,  .nt 
the  prices  named  in  the  contract  for  said  cutting  and  filling:  or,  if  the 
grade  meanwhile  has  been  duly  altered,  only  for  so  much  of  said  certified 
work  as  would  be  required  for  grading  to  the  altered  grade;  provided, 
however,  that  such  owner  or  owners  shall  not  be  entitled  to  such  credit 
as  may  be  in  excess  of  the  assessments  for  grading  upon  the  lots  and 
lands  owned  by  him  or  them,  and  proportionatoly  assessed  for  the  whole 
of  said  grading;  and  the  superintendent  of  streets  shall  include  in  the 
assessnuMit  for  the  whole  of  said  grading  ujion  the  same  grade  the  number 
of  cubic  yards  of  cutting  and  filling  set  forth  in  any  and  all  certificates 
so  recorded  in  his  ofTiee,  or  for  the  whole  of  said  grading  to  the  <lnly 
altered  grnde  so  much  of  said  certified  work  as  wouhf  be  required  for 
grading    thereto,    and    shall    enter    corresponding    credits,   deducting    the 


-'009  STREETS.  Act  3930,  §  7 

same  as  payments  upon  the  amounts  assessed  against  the  lots  and  lands 
owned,  respectively,  by  said  certified  owners  and  their  successors  in 
interest;  provided,  however,  that  he  shall  not  so  inchide  any  grading 
quantities  or  credit  any  sums  in  excess  of  the  proportionate  assessments 
for  tlie  wliole  of  the  grading  which  are  made  upon  any  lots  and  lands 
fronting  upon  said  street  and  belonging  to  any  such  certified  owners  or 
tlieir  successors  in  interest.  Whenever  any  owner  or  owners  of  any  lots 
■iihI  lands  fronting  on  any  street  shall  have  heretofore  done,  or  shall 
hereafter  do  any  work  (except  grading)  on  such  street,  in  front  of  any 
block,  at  his  or  their  own  expense,  and  the  city  council  shall  have  subse- 
quently ordered  any  work  to  be  done  of  the  same  class  in  front  of  the 
same  block,  said  work  so  done  at  the  expense  of  such  owner  or  owners 
shall  be  excepted  from  the  order  ordering  work  to  be  done;  provided, 
that  the  work  so  done  at  the  expense  of  such  owner  or  owners  shall  be 
upon  the  official  grade,  and  in  condition  satisfactory  to  the  street  super- 
intendent at  the  time  said  order  is  passed. 

Diagfram  of  district.     Plan  of  assessment. 

Subdivision  Ten. — Whenever  the  resolution  of  intention  declares  that 
the  cost  and  expenses  of  the  work  and  improvement  are  to  be  assessed 
upon  a  district,  the  city  council  shall  direct  the  city  engineer  to  make  a 
diagram  of  the  property  affected  or  benefited  by  the  proposed  work  or  im- 
provement, as  described  in  the  resolution  of  intention,  and  to  be  assessed 
to  pay  the  expenses  thereof.  Such  diagram  shall  show  each  separate  lot, 
piece  or  parcel  of  land,  the  area  in  square  feet  of  each  of  such  lots, 
pieces  or  parcels  of  land,  and  the  relative  location  of  the  same  to  the 
work  proposed  to  be  done,  all  within  the  limits  of  the  assessment  district; 
and  when  said  diagram  shall  have  been  approved  by  the  city  council,  the 
clerk  shall,  at  the  time  of  such  approval,  certify  the  fact  and  date 
thereof.  Immediately  thereafter  the  said  diagram  shall  be  delivered 
to  the  superintendent  of  streets  of  said  city,  who  shall,  after  the  con- 
tractor of  any  street  work  has  fulfilled  his  contract  to  the  satisfaction 
of  said  superintendent  of  streets  or  city  council,  on  appeal,  proceed  to 
estimate  upon  the  lands,  lots  or  portions  of  lots  within  said  assessment 
district,  as  shown  by  said  diagram,  the  benefits  arising  from  such  work, 
and  to  be  received  by  each  such  lot,  portion  of  such  lot,  piece,  or  sub- 
division of  land,  and  shall  thereupon  assess  upon  and  against  said  lands 
in  said  assessment  district  the  total  amount  of  the  costs  and  expenses 
of  such  work,  and  in  so  doing  shall  assess  said  total  sum  upon  the  several 
pieces,  parcels,  lots,  or  portions  of  lots,  and  subdivisions  of  land  in  said 
assessment  district  benefited  thereby,  to  wit:  Upon  each  respectively, 
in  proportion  to  the  estimated  benefits  to  be  received  by  each  of  said 
several  lots,  portions  of  lots,  or  siibdivisions  of  land.  In  other  respects 
the  assessment  shall  be  as  provided  in  the  next  section. 

Railroad  subject  to  assessment. 

Subdivision  Eleven.— The  terms  lot,  lots,  lands,  piece  or  parcel  of  land 
wherever   mentioned   in   this    act   shall   be   deemed   to   include   and   shall 


Act  3930,  §  7  CENER.VL  L.VWS.  2010 

inrlufle  property  owncl  or  controlled  b_y  any  person,  firm  or  corporation 
as  a  railroad,  street  or  interurban  railroad,  right  of  way,  and  whenever 
a  railroad,  street  or  interurban  railroad  right  of  way  shall  front  or  abut 
on  any  street  inijiroved  under  the  provisions  of  this  act  or  shall  be  in- 
cludnd  within  any  district  to  be  assessed  for  the  cost  of  any  improvement 
j)rovidcd  in  this  act,  such  railroad  right  of  way  (whether  the  same  is 
owned  in  fee  or  as  an  easement)  shall  be  included  in  the  warrant, 
assessments,  and  diagram  and  shall  be  assessed  in  the  same  manner  and 
with  the  same  effect  as  other  lots,  lands  or  pieces  or  parcels  of  land  are 
assessed  as  jirovidcd  in  this  act  and  such  railroad  right  of  way  shall  be 
subject   to  sale  for  nonpayment  of  assessments  aa  in  this  act  provided. 

Railroads  to  improve  streets  between  tracks. 

Subdivision  Twelve. — Wiienever  any  niiiroad  trank  or  tracks  of  any 
descrij)tion  exist  upon  the  street  or  streets  upon  which  the  city  council 
of  any  city  has  ordered  an  improvement  to  be  made,  and  has  excepted 
therefrom  the  [>ortions  use<l  by  the  tra«k,  between  the  rails  and  for  two 
feet  on  each  side  thereof,  and  between  the  tracks  if  there  be  more  than 
one,  the  saiil  order,  unless  said  city  council  shall  by  resolution  thereto- 
fore passed  liave  declared  the  contrary,  shall  be  deemed  to  be  and  con- 
stitute a  requirement  that  the  person  or  company  having  said  railroad 
track  or  trat  ks  tiiereon  shall  improve  the  said  portion  with  improvements 
siiiiiliir  in  all  respects  to,  with  the  same  materials,  under  the  same  specifi- 
cations and  su|>erintendence,  and  to  the  like  satisfaction  as  those  ordereil 
to  be  performed  by  said  order  ordering  the  work,  and  the  resolution  of 
intention  ancl  notice  of  proposed  improvement  shall  be  construed  and  are 
hereby  declared  to  be  notice  to  said  person  or  company  of  the  intention 
to  order  the  same.  Thereupon  it  shall  be  the  duty  of  said  person  or  com- 
pany having  such  track  or  tracks  on  such  street  or  streets  to  notify  in 
writing  the  superintendent  of  streets  if  such  person  or  company  electa  to 
]ierf<>rm  such  work  at  its  own  diarge  and  expense  and  under  its  own 
direction;  said  notice  must  be  delivered  to  the  superintendent  of  streets 
within  ten  days  after  the  first  publication  of  notice  or  award  of  contract. 
The  omission  or  neglect  to  make  such  election  shall  be  construed  as  con- 
stituting tiie  sui>erinten<ient  of  streets  the  agent  of  the  owner  of  said 
track  or  tracks,  with  authority  to  enter  into  a  contract  made  in  accord- 
ance with  the  jtrovisions  of  this  section  for  making  the  said  improve- 
ments. Said  superintendent  of  streets  shall  advertise  for  bids  for  the 
improvement  of  said  portions  of  street  or  streets  lying  between  the  rails 
and  for  two  feet  ou  each  side  thereof,  and  between  the  tracks,  if  there 
be  more  than  one.  It  shall  be  the  duty  of  said  city  council  to  award 
tlie  contract  for  the  making  of  said  improvements  to  the  lowest  regular 
responsible  bidder.  Such  bidding  and  awarding  of  contracts  shall  be 
made  in  the  same  manner  hereinbefore  provided  for  the  awarding  of  con 
tracts  for  improvements,  excepting  that  r.o  notice  of  award  shall  be  pub 
lislied.  Immediately  upon  the  award,  the  superintendent  of  streets  shall 
enter  into  a  contract  with  the  person  to  whom  said  contract  was  awarded 


L'llll  STREETS.  Act  3930,  §  7 

ti/r  the  making  of  said  improvement  or  improvements  upon  the  portions 
■  t  the  street  or  streets  described  in  said  notice  inviting  bids,  and  at  the 
I'lire  stated  in  said  bid.  The  contractor  shall  execute  bonds  in  the 
manner  required  for  the  execution  of  contracts  for  improvements.  Upon 
the  completion  of  the  work  and  its  acceptance,  the  street  superintendent 
shall  make  a  certificate  of  such  completion  together  with  a  statement  of 
fhe  amount  due  under  the  terms  of  said  contract  for  the  performance  of 
said  work.  Such  certificate  shall  be  countersigned  by  the  mayor  of  said 
I  ity,  and  shall  be  recorded  in  the  office  of  said  superintendent  of  streets. 
The  contractor  shall  thereupon  be  entitled  to  payment  of  the  full  amount 
if  said  contract  price,  and  the  recording  of  such  certificate  shall  be  suffi- 
cient notice  to  the  owner  of  such  track  or  tracks  that  said  contract  price 
is  due  and  payable.  In  the  event  that  such  amoiuit  is  not  paid  within 
thirty  days  from  the  date  of  the  recording  of  said  certificate,  the  con- 
tractor may  file  a  sworn  statement  to  that  effect  with  the  superintendent 
of  streets,  who  shall  record  the  same  in  his  office  in  the  book  in  which  the 
I  citificate  of  acceptance  has  been  recorded.  Said  contractor  shall  there- 
u|>(in  have  a  cause  of  action  against  said  person  or  company  owning  said 
track  or  tracks  for  the  amount  of  said  contract,  together  with  a  reason- 
able attorney's  fee,  and  shall  also  have  as  security  for  the  recovery  of 
such  amount,  a  first  lien  upon  the  track  and  franchises  of  said  person  or 
company,  between  whose  rails  or  tracks  the  said  work  has  been  performed, 
contained  within  the  corporate  limits  of  the  said  city.  In  such  suit,  the 
certificate  of  the  superintendent  of  streets,  hereinbefore  mentioned,  shall 
lie  and  constitute  prima  facie  evidence  of  the  regularity  of  all  proceed- 
ings, and  of  the  right  of  the  contractor  to  recover  judgment  against  said 
person  or  company.  Execution  may  be  taken  out  upon  the  entry  of  judg- 
iiioiit,  and  levied  upon  any  property  of  said  person  or  company  subject 
to  execution.  In  the  event  that  said  person  or  company  shall  file  the 
written  election  to  perform  such  work  at  its  own  cost  and  expense  and 
uuder  its  own  direction,  no  further  proceedings  shall  be  taken  in  the 
matter  unless  such  person  or  company  neglects  or  fails  for  thirty  days, 
or  for  such  further  time  as  the  city  council  may  grant,  to  make  said  im- 
provement. In  the  event  that  the  improvement  of  the  portions  of  the 
street  or  streets  above  described,  between  the  rails  and  for  two  feet  on 
each  side  thereof,  and  between  the  tracks  if  there  be  more  than  one,  shall 
not  be  made  with  diligence,  or  in  all  respects  similar  to  the  improvement 
of  the  rest  of  the  street,  or  with  the  same  materials  or  under  the  same 
specifications,  and  to  the  satisfaction  of  the  superintendent  of  streets,  the 
city  council  of  said  city  may,  by  resolution  entered  in  its  minutes,  pre- 
scribe such  terms  and  conditions' as  to  it  may  seem  fit  and  proper  before 
permitting  the  said  person  or  company  to  continue  with  the  said  improve- 
ment. If  the  said  person  or  company  shall,  after  three  days'  notice  of 
the  adoption  of  said  resolution,  fail  to  comply  with  the  terms  and  con- 
ditions so  prescribed,  the  said  city  council  may  declare  said  person  or 
company  to  have  forfeited  its  privilege  of  performing  such  work  under 
its  own  direction.     Whereupon  the  street  superintendent  shall  advertise 


Act  3930,  §  10  GENERAL  LAWS.  2012 

for  bids  for  the  performanre  of  such  work,  or  snch  portions  thereof  as 
may  remain  uncompleted,  and  the  contract  therefor  shall  be  awarded  and 
entered  into  in  the  same  manner  hereinbefore  provided  for  the  awarding 
and  execution  of  contracts  w^here  said  person  or  company  has  not  elected 
to  make  the  improvement  under  its  own  direction;  and  upon  the  comple- 
tion of  the  iniiirovement,  the  contractor  to  whpm  snch  contract  may  be 
awarded,  or  his  assij^ns,  shall  be  entitled  to  a  certificate  from  the  street 
superintendent  similar  to  that  hereinbefore  provided  for.  and  shall  have 
the  right  to  collect  from  said  person  or  company  by  suit  the  amount  speci- 
fied in  Kuch  certificate  in  all  respects  the  same  as  is  hereinbefore  pro- 
vided where  tlie  contract  is  let  for  such  improvement  in  the  first  instance. 

Council  may  include  different  kinds  of  work  in  its  order. 

Subdivision  Thirteen. — The  said  loiuicil  may  include  in  one  resolution 
of  intention  and  onler  any  of  the  different  kinds  of  work  mentioned  in 
this  act,  and  may  include  any  number  of  streets  and  rights  of  way  or 
jiortion  thereof  in  one  proceeding  and  one  contract,  and  it  may  except 
therefrom  any  of  said  work  already  done  upon  the  street  to  the  oflScial 
grade.  The  lots  and  portions  of  lots  fronting  upon  said  accepted  work 
already  done  shall  not  be  included  in  the  frontage  assessment  for  the 
class  of  work  from  which  the  exception  is  made;  provided,  that  this  shall 
not  be  construed  so  as  to  affect  the  special  provisions  as  to  grading 
contained  in  this  act.  [Amendment  approved  April  5,  1911;  Stats.  1911, 
p.  627.] 

Demand  for  payment  of  a-ssessment.  Return  of  warrant  to  superintend- 
ent. Failure  to  return  warrant.  Extension  of  time.  Interest  'on 
assessments 
§  10.  The  contractor,  or  his  assigns,  or  some  person  in  bis  or  their 
behalf,  shall  call  upon  the  persons  assessed,  or  their  agents,  if  they  can 
conveniently  bo  found,  and  deujiind  payment  of  the  amount  assessed  to 
each.  If  any  payment  be  made,  tlie  contractor,  his  assigns,  or  some  per- 
son in  his  or  their  behalf,  shall  re<oi|it  the  same  upon  the  asse.'wment  in 
presence  of  the  jierson  making  such  payment,  and  shall  also  give  a 
se]Virate  receipt  if  dem.nnded.  Whenever  the  person  so  assessed,  or  his 
agent,  caunot  conveniently  be  found,  or  whenever  the  name  of  the  owner 
of  the  lot  is  stated  as  "unknown"  on  the  assessment,  then  the  said  con- 
tractor, or  his  assigns,  or  some  person  in  his  or  their  behalf,  shall  pub- 
licly demand  paj-ment  on  the  premises  assessed.  The  warrant  shall  be 
returned  to  the  superintendent  of  streets  within  thirty  days  after  its 
date,  with  a  return  indorsed  thereon,  signed  by  the  contractor,  or  hj» 
assigns,  or  some  person  in  his  or  their  behalf,  verified  upon  oath,  stating 
the  nature  and  character  of  the  demand,  and  whether  any  of  the  assess- 
ments remain  uiij>ai(l.  in  whole  or  in  part,  and  the  amount  thereof. 
ThereniKni  the  .xuiieiintendent  of  streets  shall  reiord  the  return  so  made, 
in  the  margin  of  the  record  of  the  warrant  and  assessment,  and  also  the 
original  contract  referred  to  therein,  if  it  has  not  already  been  recorded 


2013  STREETS.  Act  3930,  §  12 

at  full  length  in  a  hook  to  be  kept  for  that  purpose  in  his  office,  and 
shall  sign  the  record.  The  said  superintendent  of  streets  is  authorized 
at  any  time  to  receive  the  amount  due  upon  any  assessment  list  and  war- 
laiit  issued  by  him,  and  give  a  good  and  sufficient  discharge  therefor; 
provided,  that  no  such  payment  so  made  after  suit  has  been  commenced, 
without  the  consent  of  the  plaintiflf  in  the  action,  shall  operate  as  a  com- 
l'li>te  discharge  of  the  lien  until  the  costs  in  the  action  shall  be  refunded 
to  the  plaintiff;  and  he  may  release  any  assessment  upon  the  books  of 
his  office,  on  the  payment  to  him  of  the  amount  of  the  assessment  against 
:iiiy  lot  with  interest,  or  on  the  production  to  him  of  the  receipt 
111'  the  party  or  his  assigns  to  whom  the  assessment  and  warrant  were 
i^^ueii;  and  if  any  contractor  shall  fail  to  return  his  warrant  within  the 
time  and  in  the  form  provided  in  this  sex>tion,  he  shall  thenceforth  have 
no  lien  upon  the  property  assessed;  provided,  however,  that  in  case 
any  warrant  is  lost  upon  proof  of  such  loss  a  duplicate  can  be  issued, 
upon  which  a  return  may  be  made,  with  the  same  effect  as  if  the  orig- 
inal had  been  so  returned;  provided,  further,  that  the  street  superintend- 
ent may  for  cause  shown  on  written  petition  from  the  contractor  or  his 
assigns  filed  in  his  office  prior  to  the  expiration  of  said  thirty  days  fr,om 
the  date  of  the  warrant,  extend  the  time  for  the  making  of  said  return 
for  a  period  not  to  exceed  thirty  days  additional,  which  extension  shall, 
with  its  date,  be  noted  on  the  warrant.  After  the  return  of  the  assess- 
ment and  warrant  as  aforesaid,  all  amounts  remaining  due  thereon  shall 
draw  interest  at  the  rate  of  ten  per  cent  per  annum  until  paid.  [Amend- 
ment approved  June  6,  1913;  Stats.  1913,  p.  407.] 

Contractor  may  sue  on  overdue  assessment.  Attorneys'  fees.  Demand  in 
writing  prerequisite.  Proof  of  service.  Consolidation  of  actions. 
Evidence  of  regularity.  Redemption. 
§  12.  At  any  time  after  the  period  of  thirty-five  days  from  the  day 
of  the  date  of  the  warrant  as  herein  provided  or  if  an  appeal  is  taken 
to  the  city  council  as  provided  in  section  11  of  this  act,  or  an  extension 
of  time  is  granted  to  the  contractor  in  which  to  make  his  return  as 
provided  in  section  10  of  this  act,  at  any  time  after  five  days  from  either 
the  decision  of  said  council  or  the  expiration  of  said  extension  or  after 
the  return  of  the  warrant  or  assessment,  after  the  same  may  have  been 
corrected,  altered  or  modified  as  provided  in  said  section  11  (but  not 
less  than  thirty-five  days  from  the  date  of  the  warrant),  the  contractor 
or  his  assignee  may  sue,  in  his  own  name,  the  owner  of  the  land,  lots,  or 
portions  of  lots,  assessed  on  the  day  of  the  date  of  the  recording  of  the 
warrant,  assessment,  and  diagram,  or  any  day  thereafter  during  the  con- 
tinuance of  the  lien  of  said  assessment,  and  recover  the  amount  of  any 
assessment  remaining  unpaid,  with  interest  thereon  at  the  rate  of  ten 
per  cent  per  annum  until  paid.  And  in  all  cases  of  recovery  under  the 
provisions  of  this  act,  where  suit  has  been  brought  after  one  year  from 
the  date  of  the  assessment  or  after  personal  demand  has  been  made  on 
the   owner   as  hereinafter  provided,  the   plaintiff   shall  recover   the   sum 


Act  3930,  §  12  GENER.VL   LAWS.  2014 

of  fifteen  dollars,  in  addition  to  the  taxable  costs  as  attorney's  fees,  but 
not  any  percentage  upon  said  recovery;  but  no  suit  shall  be  brought 
for  the  recovery  of  any  such  assessment  and  no  attorneys'  fees  or  costs 
shall  be  recovered  until  a  demand  in  writing  has  been  served  personally 
on  the  ovrner  of  the  lot  or  parcel  of  land  assessed  and  such  owner  has 
failed  to  pay  such  assessment  before  the  expiration  of  ten  days  after 
the  service  of  such  demand,  or  unless  one  year  has  elapsed  from  the  date 
of  the  assessment.  Proof  of  service  of  such  demand  shall  be  made  by 
affidavit  in  like  manner  as  proof  of  service  of  summons  in  a  civil  action. 
If  the  contractor  or  his  agent  or  any  pcr.«on  acting  in  behalf  of  the  con- 
tractor shall,  prior  to  the  filing  of  a  complaint  for  the  recovery  of  any 
assessment  as  herein  provided,  make  any  written  demand  upon  or  present 
any  hill  or  notice  in  writing  to  such  owner,  demanding,  requesting  or 
notifying  such  owner  to  pay  or  that  there  is  due,  attorneys'  fees  or  court 
costs  in  connection  with  the  collection  of  such  asses.Mment,  then  the 
contractor  shall  forfeit  to  such  owner  the  amount  of  such  assessment  and 
the  superintendent  of  streets  is  authorized,  upon  written  demand  of  such 
owner,  accomjvanied  by  the  affidavit  of  such  owner,  that  such  written 
demand,  bill  or  notice  for  the  [layment  of  attorneys'  fees  and  costs,  or 
either  thereof,  prior  to  the  commencement  of  suit,  to  mark  said  assessment 
"paid,"  and  such  assessment  shall  thereby  be  deemed  to  be  paid  and  the 
lien  thereof  released.  When  the  ownership  of  two  or  more  lots  or  par- 
cels of  land  on  which  assessments  in  the  same  proceeiling  have  not  been 
paid  is  identical,  one  action  may  be  brought  to  collect  the  assessments  on 
all  of  said  lots  or  parcels  of  land,  and  in  case  more  than  one  action  is 
brought  against  the  owner  of  more  than  one  lot  or  parcel  of  land  where 
the  ownership  is  identical,  as  aforesaid,  the  court  shall,  upon  the  motion 
of  such  owner  or  owners,  consolidate  such  actions,  and  in  the  event  of 
such  consolidation  of  actions  and  recovery  therein,  only  fifteen  dollars 
as  attorneys'  fee  shall,  unless  otherwise  ordered  by  the  court,  be  recov- 
ere<l;  ami  when  suit  has  been  brought  as  in  this  section  provided,  the 
])laintilT  sliall  be  entitled  to  have  and  recover  said  attorney's  fee,  and 
taxable  costs,  notwithstanding  that  the  suit  may  be  settled  or  a  tender 
may  be  made  before  a  recovery  in  said  action,  and  he  may  have  ju<ig- 
niont  therefor.  Suit  may  be  brouglvt  in  the  superior  court  within  whose 
jurisdiction  the  city  is  in  which  said  work  has  been  done,  and  in  case 
any  of  tlie  assessments  are  made  against  lots,  portions  of  lots,  or  lands 
the  owners  of  which  cannot,  with  due  diligence  be  found,  tlie  service 
of  summons  in  each  of  such  actions  may  be  had  in  such  manner  as  is 
prescribed  in  the  codes  and  laws  of  this  state.  The  said  warrant,  assess- 
ment, certificate,  and  diagram,  with  the  affidavit  of  service  of  demand 
and  nonpayment  shall  be  hold  prima  facie  ev  idence  of  the  regularity  and 
correctness  of  the  assessment  and  of  the  prior  proceedings,  and  acts  of 
the  superintendent  of  streets  and  city  council  upon  which  said  war- 
rant, assessment  and  diagram  are  based,  and  like  evidence  of  the  right 
of  the  plaintiff  to  recover  in  the  action.  The  court  in  which  said  suit 
shall    be   cunuueuccd    shall    have    power    to    adjudge   and    decree   a   lien 


I 


-'015  STREETS.  Act  3930,  §  1214 

ill,^1inst  the  promises  assesscfl,  nnd  to  order  Bu<!h  premises  to  be  sold  on 
execution,  as  in  other  cases  of  the  sale  of  real  estate  by  the  process  of 
said  court;  and  on  appeal,  the  appellate  courts  shall  be  vested  with  tlie 
same  power  to  adjudge  and  decree  a  lion  and  to  order  such  premises 
to  be  sold  on  execution  or  decree  as  is  conferred  on  the  court  from  which 
an  appeal  is  tai<en.  Such  premises,  if  sold,  may  be  redeemed  as  in  other 
cases.  In  all  suits  now  pending,  or  hereafter  brought  to  recover  street 
assessments,  the  proceedings  therein  shall  be  governed  and  regulated 
by  the  provisions  of  this  act,  and  also,  when  not  in  conflict  herewith,  by 
the  codes  of  this  state.  This  act  shall  be  liberally  construed  to  effect  the 
ends  of  justice.      [Amendment  approved  June  6,  1913;  Stats.  1913,  p.  408.] 

New  assessments  and  bonds,  when  old  have  been  declared  invalid.  Re- 
assessment charge  on  property.  Making  of  reassessment.  Hearing. 
Payments  on  original. 
§  I2V4.  Wlienover  any  assessment  made  and  issued  under  the  provi- 
sions of  this  act,  or  whenever  any  bond  or  bonds  issued  to  represent  the 
amount  of  any  such  assessment  in  accordance  with  the  provisions  of 
"An  act  to  provide  a  system  of  street  improvement  bonds,  to  represent 
certain  asses^sments  for  the  costs  of  street  work  and  improvement  within 
municipalities,  and  also  for  the  paynient  of  such  bonds,"  approved 
February  27,  1893,  and  all  acts  supplementary  thereto  or  amendatory 
thereof,  have  been  set  aside  by  any  court  of  competent  jurisdiction,  or 
such  court  has  refused  to  enforce  any  assessment,  or  has  decreed  any 
bond  or  bonds  issued  under  the  above-mentioned  statute  approved  Febru- 
ary 27,  1893,  not  to  constitute  valid  and  subsisting  liens  against  the  lots, 
pieces  or  parcels  of  land  upon  which  the  assessments  represented  by 
them  have  been  levied,  then  the  superintendent  of  streets  shall  cause  a 
new  assessment  to  be  made  for  the  same  purpose  for  which  the  former 
assessment  was  made,  whether  any  of  the  assessments  have  been  paid 
or  not,  and  new  bonds  shall  in  regular  course  thereafter  issue  in  the  event 
that  bonds  were  issued  under  or  provided  for  in  the  original  assessment. 
It  is  hereby  made  the  duty  of  any  court  of  competent  jurisdiction  in 
rendering  its  judgment  holding  invalid  any  assessment  or  assessments 
hereafter  made  or  issued,  or  of  any  bond  or  bonds  hereafter  made  or 
issued  to  represent  the  amount  or  amounts  of  any  such  assessment,  to 
make  a  finding  as  to  whether  or  not  the  issuing  of  such  assessment  was 
entirely  without  the  power  of  the  said  city  to  issue,  and  if  not,  then 
what  omission,  irregularity,  illegality,  informality  or  noncompliance  with 
the  requirements  of  the  statute  of  which  this  is  amendatory  has  occurred 
in  the  proceedings  upon  which  said  assessment  or  assessments,  and  bonds 
rest,  and  what  effect  shall  be  given  to  them  in  making  the  reassessment. 
In  the  event  that  the  court  shall  find  that  the  work,  the  expenses  of 
which  are  represented  by  said  assessment  or  bonds,  was  done  in  good 
faith  under  the  contract  "made  pursuant  to  a  resolution  of  the  city  coun- 
cil providing  for  such  improvement  to  be  paid  for  by  a  special  assess- 
ment, it  shall  be  the  duty  of  the  said   court  to  order  the  making  of  a 


Act  3930,  §  1214  GENERAL   LAWS.  2016 

new  assessment,  which  assessment  shall  be  delivered  to  tlie  contractor 
or  his  assigns,  or  the  holder  or  holders  of  the  bonds  representing  the 
assessments,  as  the  case  may  be.  The  city  council  may,  at  the  request  of 
the  contractor,  his  assigns  or  the  holder  of  the  bonds  representing  the 
assessments,  by  resolution  duly  passed,  set  aside  any  assessment  or  assess- 
ments and  bond,  as  the  case  may  be,  and  order  a  new  assessment  or 
assessments  and  bonds,  to  be  made  and  issued  without  any  decree  having 
been  obtained  of  or  from  any  court  regarding  said  matter,  if  in  its  opin- 
ion the  assessment  be  invalid,  and  it  may  take  all  necessary  steps  and 
niake  and  pass  all  necosstiry  orilers  or  ordinances  to  reassocj  and  relevy 
such  assesssmfnt,  and  may  rcassrss  and  rclevy  the  same  with  the  same 
force  and  r-irpct  as  an  ori;jinal  levy.  Su<h  reassessment,  whether  made 
after  decree  of  court  has  been  rendered,  or  pursuant  to  a  resolution  of 
the  conn. •11,  shall  be  based  upon  tlie  special  and  peculiar  benefit  of  the 
work  or  improvement  to  the  respictive  lots,  pieces  or  parcels  of  land 
assessed  at  the  time  of  the  making  of  the  reassessment,  and  its  total 
amount  shall  not  exceed  the  total  amount  of  the  original  assessments. 
Such  reassessment  so  maile  shall  become  a  charge  upon  the  proj>erty  upon 
whicli  the  same  is  levied,  notwith.'^tanding  any  omission,  failure  or  neglect 
of  any  ollicer,  body  or  person  to  comply  with  the  provisions  of  this  statute. 
relating  to  or  connected  with  the  improvement  and  tlie  issuing  of  the 
assessment  or  the  bonds,  and  notwithstanding  the  fact  that  the  proceed- 
ings of  the  city  council,  board  of  j  ublic  works  or  any  oflicer  of  the  city  or 
agent  of  the  contractor  or  other  person  connected  with  such  work,  may 
have  been  irregular,  illegal,  informal,  or  defective,  or  not  in  full  con- 
formity with  the  requirements  of  this  statute.  It  is  hereby  declared  to  be 
the  true  intent  and  meaning  of  this  section  to  make  the  cost  and  expense 
of  all  local  improvements  actualh-  made  in  the  attempted  exercise  of  the 
powers  conferred  upon  niunici]«alitics  under  this  statute,  jiayatile  by  the 
real  estate  benefited  by  such  improvement  by  making  a  reassessment 
therefor  which  shall  equitably  apportion  to  each  lot.  piece  or  j^arcel  of 
land  thereby  benefited  the  amount  of  the  actual  benefits  derived  from 
said  improvement,  notwithstanding  that  the  proceedings  of  the  city  coun- 
cil and  other  oflicera  or  agents  of  the  city,  or  of  the  contractor,  may  have 
been  irregular,  illegal  or  defective,  or  not  in  full  conformity  with  the 
requirements  of  this  statute.  Such  reassessment  shall  be  made  without 
a  repetition  of  the  |>rticiedings  had  prior  to  the  issuance  of  the  assessment 
and  shall  bo  made  and  issued  in  the  following  manner:  The  superintend- 
ent of  streets  shall,  upon  the  entering  of  a  decree  of  court  directing  the 
reassessment,  or  upon  the  passage  of  a  resolution  of  the  city  council 
directing  a  re^assessment,  jiroceed  a-t  once  to  make  a  reassessment  in  ac- 
cordance with  the  said  decree  of  court,  or  said  lesolution  of  tiie  city  coun- 
cil. Such  reasses.^sment  shall  be  made  upon  the  property  fronting  on  the 
improvement  or  uj^on  the  district  described  in  the  resolution  of  intention 
for  said  work  or  improvement,  as  the  case  may  be,  and  in  the  event  that 
there  shall  have  been  informalities,  uncertainties  or  ambiguities  in  the 
doHCiq)tion   of  the   limits   of   said   district,   then   upon    the   district   which 


2017  STREETS.  Act  3930,  §  13 

the  court  or  council  shall  finj  to  be  that  actually  benefited  by  said  im- 
provement, but  in  so  finding  said  court  or  council  shall  follow  the  lines 
described  in  the  resolution  of  intention  so  far  as  the  same  can  be  ascer- 
tained, and  in  all  cases  of  uncertainty  or  ambiguity  they  shall  give  re- 
gard to  the  lines  described  and  make  such  determination  as  to  the  lines 
where  there  is  any  uncertainty  or  ambiguity  in  the  resolution  of  intention 
as  may  be  just  and  equitable.  In  the  event  that  a  portion  of  the  work 
or  improvement  has  been  found  to  have  been  entirely  without  the  power 
of  said  city  to  order  done,  then  said  assessment  shall  be  for  the  remainder 
of  the  work  or  imjirovement  only,  and  the  benefits  arising  from  the  work 
entirely  without  the  jurisdiction  of  the  city  to  order  shall  not  be  con- 
sidered in  making  the  reassessment.  Upon  the  completion  of  the  reassess- 
ment it  shall  be  presented  to  the  city  council  and  a  day  of  hearing  shall 
be  fixed  by  it  which  shall  be  at  least  twenty  (20)  days  after  the  filing 
of  the  reassessment.  The  city  clerk  shall  then  advertise  the  fact  of  said 
filing  by  publishing  a  notice  in  the  newspaper  in  which  the  notice  of 
award  of  contract  was  published,  or  in  such  other  paper  as  the  council  may 
direct,  by  five  (5)  insertions  if  the  paper  be  a  daily,  or  by  two  (2)  in- 
sertions if  it  be  a  weekly  or  semi-weekly  newspaper,  stating  the  fact  that 
the  reassessment  has  been  filed  with  him  and  that  objections  to  said  re- 
assessment will  be  heard  at  the  time  specified  .by  the  city  council.  At 
the  time  fixed  for  said  hearing,  or  at  such  time  or  times  to  which  the 
»anie  may  be  thereafter  adjourned,  the  city  council  shall  consider  the 
objections  to  said  reassessment  and  in  its  discretion  revise,  correct  and 
modify  such  reassessment  in  such  manner  as  is  most  equitable,  and  it  shall 
thereupon  pass  a  resolution  approving  and  confirming  such  reassessment 
and  such  decision  shall  be  a  final  determination  of  all  matters  relating  to 
the  actual  benefits  derived  from  the  improvement  by  the  respective  lots, 
pieces  and  parcels  of  land  enumerated  in  the  reassessment.  Said  re- 
assessment shall  thereupon  be  recorded  by  the  street  superintendent  and 
it  shall  in  all  respects  have  the  same  effect  and  weight  as  the  original 
assessment,  and  shall  be  enforced  in  the  same  manner.  All  payments 
made  upon  the  original  assessment  shall  be  credited  upon  the  reassessment 
and  in  the  event  that  the  reassessment  in  any  instance  is  less  than  the 
amount  of  the  original  assessment,  the  excess  shall  be  payable  to  the 
owner  by  the  contractor.  [New  section  approved  June  6,  1913;  Stats. 
1913,  p.  409.] 

Eepairs.     Contract  for  repairs  may  be  let.     Contractor  may  sue  owners. 

Penalties  for  neglecting  repairs. 

§  13.     When   any  portion  of  any  street,  alley  or  public  place  in  said 

citv  shall  be  out  of  repair  or  needing  reconstruction,  or  in  a  condition  to 

interfere  with  the  public  convenience  in  the  use  thereof,  it  shall  be  the 

duty  of  the  superintendent  of  streets  to  notify  the  owner  of  any  lot  or 

portion  of  a  lot,  fronting  on  the  portion  of  such  street,  alley,  or  public 

place,  so  out  of  repair  or  needing  reconstruction,  to  repair  or  reconstruct 

such  portion  of  said   street,  alley,  or  public  place,  to  the  center  line  of 

said  street,  alley,  or  public  place,  in  front  of  the  property  of  which  he 

127 


'Act  3930,  §§  20, 35     general  laws.  2018 

is  the  owner,  or  to  repair  the  sidewalk  in  front  of  nwrh  proprrty  in  case 
BiK'h  sidewalk  shall  need  repair  or  reconstruction,  and  he  shall  state  in 
Buch  notice  what  work  is  required  to  be  done,  and  what  materials  shall 
be  usrd  in  said  work  and  how  the  same  shall  be  done.  If  said  repairs  or 
reconstruction  be  not  commenced  within  ten  days  after  notice  given,  as 
aforesaid,  and  prosecuted  to  completion  diligently,  the  said  superintend- 
ent of  streets  may  under  authority  from  said  city  council  let  a  contract 
for  the  performance  of  such  work.  He  shall  post  notice  at  his  office  for 
two  days  inviting  bids  for  the  doing  of  said  work  of  repair  or  recon- 
struction, and  the  contract  shall  be  awarded  by  him  to  the  lowest  bidder, 
and  a  contra.t  in  writing  shall  be  entered  into  with  the  successful  bidder. 
Upon  the  completion  of  said  repairs  or  reconstruction  to  the  satisfaction 
of  said  superintendent  of  streets,  he  shall  make  and  deliver  to  said  con- 
tractor a  certificate  to  the  effect  that  said  repairs  or  reconstruction,  or 
both,  have  been  properly  made,  and  state  what  amount  is  payable  by 
each  owner  for  the  same,  which  certificate  shall  be  recorded  in  the  office 
of  said  superintendent  of  streets  in  a  book  kept  for  that  purpose,  and  all 
owners  of  property  in  front  of  which  such  improvement  shall  have  been 
performed,  shall  be  deemed  to  have  notice  of  the  contents  of  the  record 
thereof.  The  contractor  may  make  demand  for  the  amount  due  by  serv- 
ing written  notice  upon  the  owners  referring  to  the  certificate  so  re- 
corded, and  if  the  contractor  be  not  paid  on  demand,  he  shall  have  the 
right  to  sue  each  owner  for  the  amount  due  and  j>:iyable  from  each  re- 
spectively, and  the  said  certificate  of  the  superintcmlent  of  streets  shall 
be  prima  fncie  evidence  of  the  amount  claimed  for  the  work  and  mate- 
rials and  of  the  right  of  the  contractor  to  recover  for  the  same  in  such 
action,  and  the  amount  so  due  and  payable  shall  be  a  first  lien  upon  the 
respective  lots,  pieces  or  parcels  of  land  against  which  it  may  be  charged 
an<l  shall  have  the  same  effect  as  the  lien  hereinbefore  provided  for  io 
eection  J)  of  this  act  and  may  be  enforced  in  the  same  manner. 

Tn  addition,  the  city  council  shall  have  power  by  oriiinance  to  prescribe 
the  penalties  that  shall  be  incurred  by  any  owner  for  uej;lecting  or  refus 
ing  to  make  repairs  when  required,  which  penalties  shall  be  recovered 
for  the  use  of  the  city  by  prosecution  in  the  name  of  the  people  of  the 
state  of  California,  in  the  court  havinj;  jurisdiction  thereof,  and  may  be 
apjdied,  if  deemed  expedient,  by  the  said  city  council  in  the  payment  of 
tlu>  expense  of  any  such  repairs  not  otherwise  provided  for.  [Ainend- 
mout  approved  April  o,  1911;  Stats.  1911,  p.  633.] 

City  to  keep  streets  in  repair. 

§  20.      f  Repealed  April  fi,  1911;  Ptats.  1911,  p.  (i3.5.] 

Superintendent  of  construction.     Compensation. 

§  35.  The  superintendent  of  streets  shall,  when  in  his  iudgmont  it  is 
necessary,  appoint  a  suitable  person  to  take  charge  of  and  superintend 
the  construction  and  im]>rovement  of  each  and  every  sewer  constructed 
or  iin|iroved  under  the  ]in)vi<ions  of  this  act.  and  of  piling  and  capping 
sidewalks,  or  of  the  paving  of  whatever  character  heretofore  mentioned, 


2019  STREETS.  Act  3930,  §§53-57 

in  whole  or  in  part,  of  one  block  or  more,  whose  duty  it  shall  be  to  see 
that  the  contract  mafic  for  the  doing  of  said  work  is  strictly  fulfilled  in 
every  respect,  and  in  case  of  any  departure  therefrom  to  report  the  same 
to  the  superintendent  of  streets.  Such  person  shall  be  allowed  for  his 
time  actually  employed  in  the  discharge  of  his  duties  such  comj>ensation 
as  shall  be  just,  but  not  to  exceed  five  dollars  per  day.  The  sum  to  which 
the  party  so  employed  shall  be  entitled  shall  be  deemed  to  be  incidental 
expenses  witliin  the  meaning  of  those  words  as  defined  by  this  act.  [Amend- 
ment approved  April  5,  1911;  Stats.  1911,  p.  634.] 

Act  liberally  construed. 

§  53,  This  act  shall  be  liberally  construed  to  the  end  that  its  purposes 
may  be  efl'e.ted.  No  error,  irrej^ularity,  informality,  and  no  neglect  or 
omission  of  any  ofiiccr  of  the  city,  in  any  proceeding  taken  hereunder 
which  docs  not  directly  affect  the  jurisdiction  of  the  city  council  to  order 
the  work  or  improvement,  shall  avoid  or  invalidate  such  proceeding  or 
any  assessment  for  the  cost  of  work  done  thereunder.  The  exclusive 
remedy  of  any  person  affected  or  aggrieved  thereby  shall  be  by  appeal  to 
the  city  council  as  herein  provided.  [Amendment  approved  April  5,  1911; 
Stats.   1911,  p.  G34.] 

Council  fixes  time  and  place  of  hearings, 

§  54.  Whenever  in  proceedings  hereunder  the  time  and  place  for  hear- 
ing by  the  city  council  is  fixed  and  from  any  cause  the  hearing  is  not 
then  aud  there  held  or  regularly  adjourned  to  a  time  and  place  fixed,  the 
power  of  the  city  council  in  the  premises  shall  not  thereby  be  devested 
or  lost.  The  city  council  may  fix  a  time  and  place  for  the  hearing  and 
cause  notice  thereof  to  be  given  by  publication  by  at  least  one  insertion 
in  a  daily,,  semi-weekly  or  weekly  newspaper  published  and  circulated  in 
said  city  and  designated  by  the  council  for  that  purpose,  such  publica- 
tion to  be  at  least  five  days  before  the  date  of  the  hearing,  and  thereupon 
the  city  council  shall  have  power  to  act  as  in  the  first  instance.  [New 
section  approved  A^til  5,  1911;  Stats.  1911,  p.  634.] 

Description  by  reference  sufficient, 

§  55.  In  all  resolutions,  notices,  orders  and  determinations  subsequent 
to  the  resolution  of  intention  a  description  of  the  assessment  district  by 
reference  to  the  resolution  of  intention  shall  be  sufficient,  and  in  all 
resolutions,  notices,  orders,  and  determinations  subsequent  to  the  "notice 
of  street  work"  a  description  of  the  work  by  reference  to  the  resolution 
of  intention  shall  be  sufficient.  [Amendment  approved  June  6,  1913; 
Stats.  1913,  p.  412.] 

This  section  was  added  April  5,  1911  (Stats.  1911,  p.  635). 

Public  work  in  unincorporated  territory.     Terms  interchangeable. 

§  57.  The  public  work  provided  to  be  done  under  this  act  may  be 
performed  under  the  provisions  of  this  act  in  unincorporated  territory 


Act  3930,  §  58  general  laws.  2020 

in  counties,  and  all  of  the  provisions  of  this  act  shall  apply  with  equal 
force  to  such  work  subject  to  the  flefinitions  and  modifications  herein- 
after contained.  Wherever  the  words  "municipality,"  "municipalities"  or 
"city"  shall  apjiear  in  this  act,  they  shall  be  and  are  hereby  defined  as 
including  cities,  cities  and  counties  and  counties,  and  are  hereby  ex 
pressly  declared  to  be  interchangeable  with  any  or  either  of  these  terms. 
Wherever  the  terms  "city  council"  or  "council"  shall  appear  in  this  act, 
they  shall  be  and  are  hereby  defined  as  including  the  board  of  supervisors 
of  a  county,  and  are  hereby  expressly  declared  to  be  interchangeable 
with  these  terms;  and  all  of  the  provisions  of  this  act  extending  au- 
thority to  or  imposing  duties  or  f)l)]igations  upon  the  city  council  or 
council  shall  apply  with  equal  force  to  the  board  of  supervisors.  Wher- 
ever the  term  "city  engineer"  shall  apj'oar  in  this  ai^t,  it  shall  be  and 
is  hereby  defined  as  including  the  county  surveyor  of  a  county,  and  is 
hereby  expressly'  declared  to  be  interfhangeable  therewith;  and  all 
of  the  provisions  isf  this  act  extending  authority  to  or  imjiosing  duties 
or  obligations  upon  the  city  engineer  shall  apply  with  equal  force  to  the 
county  surveyor.  Wherever  the  terms  "city  clerk,"  "clerk  of  the  city 
council,"  "clerk  of  the  council"  or  "clerk"  shall  appear  in  this  act,  they 
8h;ill  be  and  are  hereby  defined  as  including  the  county  clerk  of  a  county, 
and  are  hereby  expressly  declared  to  be  interchangeable  therewith;  and 
all  of  the  pr<ivisi<>ns  of  this  act  extending  authority  to  or  imjiosing 
duties  or  obligations  upon  the  city  clerk,  clerk  of  the  city  council,  clerk 
of  the  council  or  clerk  shall  ajiply  with  equal  force  to  the  county  clerk. 
Wherever  the  terms  "city  treasury"  or  "municipal  treasury"  shall  ap 
pear  in  this  act,  they  shall  be  and  are  hereby  defined  as  inchi<ling  the 
county  treasury,  and  are  hereby  expressly  declared  to  be  interchangeable 
with  any  or  either  of  these  terms.  Wherever  the  terms  "treasurer"  or 
"city  treasurer"  shall  appear  in  this  act,  they  shall  be  and  are  hereby 
defined  as  including  the  county  treasurer  of  a  county,  and  are  hereby 
expressly  declared  to  be  interchangeable  therewith;  and  all  of  the  pro 
visions  of- this  act  exteniling  authnrity  to  or  imposing  duties  or  obliga- 
tions upon  the  treasurer  or  city  treasurer  shull  apply  with  equal  force 
to  the  county  treasurer.  Wherever  the  terms  "mayor"  or  "mayor  of 
said  city"  shall  appear  in  this  act,  they  shall  be  and  are  hereby  defined 
as  including  the  chairman  of  the  board  of  supervisors  of  a  county,  and 
are  expressly  declared  to  be  interchangerible  therewith;  and  all  of  the 
provisions  of  this  act  extending  authority  to  or  imjiosing  duties  or  obli- 
gations upon  the  mayor  or  mayor  of  said  city  shall  apply  with  equal 
force  to  the  chairman  of  the  board  of  supervisors.  [New  section  ap 
proved  May  30,  1913;  Stats.  1913,  p.  353.] 

County  street  superintendent.     Compensation. 

§  58.  The  boaiii  of  supervisors  of  any  county  in  which  it  is  desired 
to  perform  work  under  the  provisions  of  this  net  shall  be  and  they  are 
hereby  authorized  to  appoint  a  person  to  be  known  as  the  street  supcrin- 


2021  STREETS.  Act  3930,  §§  59-61 

temlent  of  the  said  county  who  shall  have  all  of  the  authority  and 
I)erform  all  of  the  duties  aud  obligations  herein  imposed  upon  the  street 
superintendent,  and  shall  be  considered  as  designated  wherever  the 
words  "street  sujierintendent"  or  "superintendent  of  streets"  are  used 
in  this  act;  and  the  board  of  supervisors  may  appoint  as  many  deputies 
for  the  said  street  superintendent  of  the  county  as  in  their  judgment 
may  be  proper  and  necessary,  the  said  street  superintendent  to  receive  a 
compensation  of  six  dollars  per  day  and  his  deputies  to  receive  a  com- 
pensation of  four  dollars  per  day  for  their  time  actually  expended.  The 
ottice  of  the  street  superintendent  shall  be  the  office  of  the  county  sur- 
veyor, and,  at  any  time  when  no  work  is  actually  being  conducted  under 
the  provisions  of  this  act,  or  when  the  street  superintendent  shall  not 
be  in  his  office,  the  county  surveyor  shall  have  charge  of  the  records 
in  the  street  superintendent's  office  and  perform  such  duties  as  are  herein 
imposed  upon  the  street  superintendent,  and  have  such  other  authority 
as  is  herein  granted  to  the  street  superintendent;  and  all  of  the  pro- 
visions of  this  act  extending  authority  to  or  imposing  duties  or  obliga- 
tions ui)on  the  street  superintendent  or  superintendent  of  streets  shall 
apiily  with  equal  force  to  the  superintendent  of  streets  appointed  by  the 
board  of  supervisors.  [New  section  approved  May  30,  1913;  Stats.  1913, 
p.  354.] 

Phraseology  of  bonds  changed. 

§  59.  in  any  bonds  provided  to  be  issued  under  the  terms  of  this  act, 
the  j)hraseology  of  the  said  bonds  shall  be  changed  to  conform  to  the 
designation  of  a  county  instead  of  city,  and  the  officers  hereinbefore 
mentioned  on  the  part  of  the  county  shall  be  and  they  are  hereby  au- 
thorized to  perform  all  of  the  duties  herein  by  the  provisions  of  this  act 
or  the  provisions  of  the  said  bond  specified  to  be  performed.  [New  sec- 
tion approved  May  30,  1913;  Stats.  1913,  p.  354.] 

Payment  from  general  fund. 

§  60.  If  the  board  of  supervisors  shall  determine  that  the  whole  or 
any  part  of  the  cost  and  expenses  of  the  work  mentioned  in  this  act 
shall  be  paid  out  of  the  treasury  of  the  county,  such  payment,  or  any 
part  of  the  same,  may  be  made  from  the  general  fund  of  the  county  or 
general  road  fund  of  the  county  or  from  the  road  district  fund  of  the 
road  district  in  which  the  said  improvement  shall  be  constructed.  [New 
section  approved  May  30,  1913;  Stats.  1913,  p.  355.] 

Highway  lighting  system.     Ordinance  to  describe  district.     Tax  for  main- 

§  61.  If  any  public  highway  lighting  system  shall  be  installed  under 
the  provisions  of  this  act,  the  board  of  supervisors  may,  by  ordinance, 
provide,  at  any  time  before,  after  or  during  the  proceedings  under  this 
act,  that  the 'cost  of  maintaining  the  said  public  highway  lighting 
system,  including  the  cost  of  necessary  repairs,  replacements,  fuel,  cur- 


Act  3930,  §  62  general  laws.  2022 

rent,  care  and  other  items  of  like  nature,  shall  be  paid,  eitber  partlv  or 
wholly,  by  the  district  upon  which  the  assossnit-nt  shall  be  levied  to  "par 
the  fot-t  of  the  installation  of  the  same.  The  ordinanfo  shall  contain  a 
description  of  the  district  to  be  assf  sscd  to  pay  for  the  installation  of 
the  said  lifjhting  system  and  to  be  assessed  to  jpay  for  the  maintenance 
thereof,  and  also  shall  contnin  a  designation  or  name  of  the  said  district 
by  which  it  may  be  referred  to  in  all  suhsccjuent  proceedings,  and  a  coj^y 
of  the  said  ordinance  shall  be  filed  in  the  office  of  the  county  assessor. 
The  county  assessor  shall  thereafter,  in  makings  up  the  assessment-roll, 
segregate  the  property  included  within  the  district  described  in  the  said 
ordinance  on  the  assessment-roll  under  the  desi-^nation  contained  in  the 
said  ordinance.  The  board  of  supervisors  shall  thereafter,  in  each  year 
prior  to  the  time  of  fixing  the  county  tax  rate,  estimate  the  cost  of  main- 
taining the  said  public  highway  lighting  system  during  the  ensuing  year, 
and  shall  decide  whether  or  not  the  cost  of  the  same  shall  be  borne 
wholly  or  partially  by  the  said  assessment  district,  and  shall,  in  addition 
to  all  other  taxes,  fix  a  epccial  tax  rate  for  the  property  within  said  as- 
sessment district  sufllcient  to  raise  an  amount  of  money  to  cover  all  of 
the  portion  of  the  expense  of  maintaining  the  said  public  highway  light 
ing  system  to  be  borne  by  said  district  as  the  board  of  supervisors  may 
determine.     [New  section  approved  May   30,   1913;   Stnts.   1913,  p.  35').] 

Names  for  roads. 

§  62.  The  board  of  supervisors  of  any  connty  arc  here'ny  aiiilicn/id 
by  ordinance  to  adopt  a  name  for  any  roail,  highway,  avenue  or  other 
public  way  iu  the  county  for  which  a  name  has  not  been  provided  under 
the  provisions  of  section  2G.!6  of  the  Political  Code,  and  are  hereby  au- 
thorized by  ordinance  to  establish  the  official  grade  of  any  road,  highway, 
avenue  or  other  jtnblic  way  iu  the  county  for  which  no  official  grade 
hits  theretofore  been  established  by  ordinance.  [New  section  approved 
May  ;5i),  1913;  Stats.   19i;},  p.  355.] 

Act  not  affected. 

This  act  shall  not  be  construed  aa  amending  or  repealing  the  provisions 
of  an  act  of  the  legislature,  entitled,  "An  net  relating  to  the  liability  of 
public  officers  for  damages  resulting  from  defects  and  dangers  in  streets, 
liighnays,  ]iul^lic  buildings,  public  work  or  projierty";  nor  as  in  any  way 
limiting,  modifying  or  qualifying  the  operation  of  the  provisionB  thereof. 
Citations.      Cnl.    155/4C9,    471.    472;    15?/16.    20.    22,    26,    27.    SO.    81.    35,    37. 

38,   711,   7ia,   714,   715.   71G,   717,   718,   719;    159/243,   245.   437;    160/291.   295; 

162/424;     ($12)     161/679;     (§26)    159/438;     (8  38>    160/8«.    291;     (J8  3».    40, 

44,    46,    48,    49,    5J)     100 '288.    'Jiia.    29.i.      .Xpp.     10    411.    412,    4ia.    414,    613; 

ll/.Tf^4.  806,  307;  12/303,  367.  369:  13/157,  249.  250,  608:  16/681:  17/651; 

18/633;  19/489;  (§6Vs)  19/318;  (§23)  10/630;  ({34.  «ubd.  8>  19/493. 


2023  STREETS.         Act  3932,  §§  2, 3 

ACT  3932. 

An  act  to  provide  a  system  of  street  improvement  bonds  to  represent 
certain  assessments  for  the  cost  of  street  worlc  and  improvement 
within  municipalities,  and  also  for  the  payment  of  Such  bonds. 

[Approved  February  7,  1893.     Stats.  1893,  p.  33.] 
Amended  1899,   p.  40;   1911,  p.  1201;    1913,  pp.  351,  845. 

The  amendments  of  1911  and  1913  are  as  follows: 

Bonds  for  street  work.     Interest.     Treasurer's  register. 

§  2.  The  city  council  of  any  municipality  in  this  state  shall  have  the 
power,  in  its  discretion,  to  determine  that  serial  bonds  shall  be  issued 
in  the  manner  and  form  hereinafter  provided  to  represent  assessments 
of  twenty-five  dollars  or  more  for  the  cost  of  any  work  or  improvement 
authorized  by  the  said  street  work  act.  Said  serial  bonds  shall  extend 
over  a  period  not  to  exceed  fifteen  years  from  the  second  day  of  January 
next  succeeding  the  issuance  of  said  bonds,  and  an  even  annual  propor- 
tion of  the  principal  sum  thereof  shall  be  payable  by  coupon  on  the 
second  day  of  .January  every  year  after  their  date  until  the  whole  is 
paid;  provided,  that  if  the  period  over  which  said  bonds  are  to  extend 
exceeds  ten  years,  one  tenth  part  of  the  principal  sum  thereof  shall  be 
payable  by  coupon  on  the  second  day  of  January  of  each  of  the  last 
ten  years  of  said  period.  The  interest  on  said  bonds  shall  be  payable 
semi  annually  by  coupon  on  the  second  days  of  January  and  .July  respec- 
tively, of  each  year,  at  the  rate  of  not  to  exceed  ten  per  cent  per  annum 
on  ail  sums  unpaid,  until  the  whole  of  said  principal  and  interest  is  paid. 
Said  bonds  and  interest  thereon  shall  be  paid  at  the  office  of  the  city 
treasurer  of  said  municipality,  who  shall  keep  a  fund  designated  by  the 
name  of  said  bonds,  into  which  he  shall  receive  all  sums  paid  him  for 
the  principal  of  said  bonds  and  the  interest  thereon,  and  from  which  he 
shall  disburse  such  sums  upon  the  presentation  of  said  coupons;  and  under 
no  circumstances  shall  said  bonds  or  the  interest  thereon  be  paid  out 
of  anv  other  fund.  Said  city  treasurer  shall  keep  a  register  in  his  office 
which  shall  show  the  series,  number,  date,  amount,  rate  of  interest,  payee 
and  indorsees  of  each  bond,  and  the  number  and  amount  of  each  coupon 
of  principal  or  interest  paid  bv  him,  and  shall  cancel  and  file  each  coupon 
so  paid.  [Amendment  approved  June' 14,  1913;  Stats.  1913,  p.  846.] 
Also  amended  April  27,   1911    (Stats.  1911,  p.  1201). 

Resolution  of  intention  and  description  of  bonds. 

§  3.  When  said  citv  council  shall  determine  that  serial  bonds  shall 
be  issued  to  represent  the  expenses  of  any  proposed  work  or  improvement 
under  said  street  work  act,  it  shall  so  declare  in  the  resolution  of  inten- 
tion to  do  said  work,  and  shall  specify  the  rate  of  interest  which  they 
shall  bear  and  the  period  of  time  o^er  which  they  are  to  extend.  A  like 
description  of  said  bonds  shall  be  inserted  in  the  notice  of  award,  and 
a  notice  that  a  bond  will  issue  to  represent  each  assessment  of  twenty- 


Act  3932,  §  4  GENERAL  LAWS.  2024 

five  dollars  or  more  remaining  unpaid  for  thirty  days  after  the  date  of 
the  warrant,  or  such  further  time  as  may  be  thereafter  granted  by  way 
of  an  extension,  or  five  days  after  the  decision  of  the  city  council  upon 
an  appeal,  or  thirty  days  after  the  recording  of  a  reassessment  in  the 
event  that  one  be  made,  and  describing  the  bonds,  shall  be  included  in 
the  warrant  provided  for  in  section  9  of  said  street  work  act.  [Amend- 
ment approved  June  14,  1913;  Stats.  1913,  p.  84G.] 

Certificate   of   assessments   unpaid.     Street   improvement   bonds.     When 
assessment  less  than  twenty-five  dollars.     Lien  of  assessment. 

§  4.  After  the  full  exjiiration  of  thirty  days  fruin  the  date  of  the 
warrant,  or  if  an  appeal  be  taken  to  the  city  council,  or  an  extension 
of  time  be  granted  the  contractor  in  which  to  make  his  return  as  pro- 
vided in  section  10  of  said  street  work  act,  then  five  days  after  the  final 
decision  of  said  city  council,  or  the  expiration  of  the  extension,  or  after 
the  full  expiration  of  thirty  days  from  the  recording  of  a  reassessment 
in  the  event  that  such  be  made,  and  after  the  street  superintendent  shall 
have  recorded  the  return,  and  in  the  event  that  a  reassessment  is  ordered, 
after  all  previous  payments  have  been  credited  on  the  reassessment,  the 
street  superintendent  .shall  make  aiiil  certify  to  the  city  treasurer  a  com- 
plete list  of  all  assessments  unjiaid,  which  amount  to  twenty  five  dollars 
or  over  upon  any  asscssnunt  or  diagram  number;  and  saiil  treasurer  hhall 
thereupon  make  out,  sign  and  issue  to  the  contractor,  or  his  assigns, 
payee  of  the  warrant  and  as.sessment,  a  separate  bond,  representing  upon 
each  lot  or  parcel  of  land  upon  said  list  the  total  amount  of  the  assess- 
ments, or  reassessments  as  the  case  may  be.  against  the  same  as  thereon 
shown.  And  if  said  lot  or  parcel  of  land  is  described  upon  said  assess- 
ment and  diagram  by  its  number  or  block,  or  both,  upon  the  official 
map  of  said  municipality,  or  upon  any  map  on  file  in  the  office  of  the 
county  recorder  of  the  county  in  which  said  municipality  is  situated, 
then  it  shall  be  in  said  bond  a  suflicient  description  of  said  lot  or  parcel 
of  bunl  to  designate  it  by  said  number  or  block,  or  both,  as  it  appears 
on  said  otficial  or  recorded  map.  Said  bond  shall  be  sulistanf i:illv  in  the 
following  form: 

Street  Improvement  Bond. 

Series  (designating  it)   in  the  city  (or  other  form  of  municipality)  of 
(naming  it). 
$  No. 

ITmler  and  by  virtue  of  an  act  of  the  legislature  of  the  state  of  Tali- 
fornia    (title  of   said  act),  I,  out  of   the   fund   for  the  above  designated 

street  improvement  bonds,  series  will  pay  to  .  or  order,  the  sum 

of  dollars,   ($ ),  with  interest  at  the  rate  of  per  cent   per 

annum,  all  as  hereinafter  specified,  and  at  the  office  of  the  treasurer  of 
the  of  ,  state  of  California. 

This  bond  is  issued  to  represent  the  cost  of  certain  street  work  upon 
in  tiie of ,  as  the  same  is  more  fully  des*'ribed  in  assessment 


2025  '  STREETS.  Act  3932,  §  4 

No.  ,  issued  by  the  street  superintendent  of  said  ,  after  ac- 
ceptance of  said  work,  and  recorded  in  his  office  (or  if  there  has  been 
a  rcasscssnient  then  the  reference  shall  be  to  such  reassessment).  Its 
amount  is  the  anunint  assessed  in  said  assessment  (or  reassessment  if 
such  be  made)  against  the  lot  or  parcel  of  land  numbered  therein,  and 
in  the  diagram  attached  thereto,  as  No.  — ' — ,  and  which  now  remains 
unpaid,  but  until  paid, -with  accrued  interest,  is  a  first  lien  ujion  the  prop- 
erty affected  thereby,  as  the  same  is  described  herein,  and  in  said  re- 
corded assessment  with  its  diagram,  to  wit: 

That  certain  lot  or  parcel  of  land  in  said  of  county  of  

and  state  of  California,  described  as  follows: 

This  bond  is  payable  exclusively  from  said  fund  and  neither  the 
municijiality  nor  any  officer  thereof  is  to  be  holden  for  payment  other- 
wise for  its  princijial  or  interest.     The  term  of  this  bond  is  years 

from  the  second  day  of  January  next  succeeding  its  date,  and  at  the 
expiration  of  said  time  the  whole  sum  then  unpaid  shall  be  due  and  pay- 
able; but  on  the  secoml  day  of  January  of  each  year  after  its  date  an 
even  annual  proportion  of  its  whole  amount  is  due  and  payable  upon  pre- 
sentation of  the  coupon  therefor  until  the  whole  is  paid  (or  if  said  bonds 
are  to  extend  over  a  period  exceeding  ten  years  from  their  date,  insert 
in  place  of  the  last  statement  the  following:  But  on  the  second  day  of 
January  of  each  of  the  last  ten  years  of  the  term  of  this  bond  an  even 
one-tenth  part  of  the  whole  amount  of  the  principal  of  said  bond  shall 
be  due  and  payable  upon  presentation  of  the  coupon  therefor),  with  all 

accrued  interest  at  the  rate  of per  centum  per  annum.     The  interest 

is  payable  semi-annually,  to  wit:  on  the  second  days  of  January  and  July 
in  each  year  hereafter",  upon  presentation  of  the  coupons  therefor,  the 
first  of  which  is  for  the  interest  from   date  to  the   next  second  day  of 

,   and   thereafter  the   interest   coupons   are   for  semi-annual   interest. 

Should  default  be  made  in  the  annual  payment  upon  the  principal,  or  in 
any  payment  of  interest,  by  the  owner  of  said  lot  or  parcel  of  land,  or 
anyone  in  his  behalf,  the  holder  of  this  bond  is  entitled  to  declare  the 
whole  unpaid  amount  to  be  due  and  payable  and  to  have  said  lot  or  parcel 
of  land  advertised  and  sold  forthwith,  in  the  manner  provided  by  law 

At  said  of  ,  this  day  of  in  the  year  one  thousand 

nine  hundred  and  . 

> 
City  treasurer  of  the  of  . 

In  case  the  amount  of  the  unpaid  assessment  or  reassessment  upon  any 
lot  or  parcel  of  land  shall  be  less  than  twenty-five  dollars,  then  the  same 
shall  be  collected  as  is  provided  in  said  street  work  act.  If  any  person, 
or  his  authorized  agent,  shall  at  any  time  before  the  issuance  of  the 
bond  for  said  assessment  or  reassessment  upon  his  lot  or  parcel  of  land 
present  to  the  citv  treasurer  his  affidavit  made  before  a  competent  officer 
that  he  is  the  owner  of  a  lot  or  parcel  of  land  in  said  list,  accompanied 
by  the  certificate  of  a  searcher  of  records  that  he  is  such  owner  of  record, 


Act  3932,  §  5  GENERAL  LAWS.  2026 

anrl  shall  with  such  affidavit  and  certificate  notify  said  treasurer  in 
writing  that  he  dfsires  no  bond  to  be  issued  for  the  assessment  upon  said 
lot  or  parcel  of  land,  then  no  such  bond  shall  be  issued  therefor  and  the 
payee  of  the  warrant,  or  his  assigns,  shall  retain  his  right  for  enforcing 
collection  of  said  assessment  or  reassessment  as  if  said  lot  or  parcel  of 
land  had  not  been  so  listed  by  the  street  superintendent.  The  bonds  so 
issued  by  said  treasurer  shall  be  payable  to  the  party  to  whom  they 
issue,  or  order,  and  shall  be  serial  bonds,  as  is  hereinbefore  described,  and 
ehall  bear  interest  at  the  rate  specified  in  the  resolution  of  intention  to 
do  said  work.  They  shall  have  annual  coupons  attached  thereto,  payable 
in  annual  order  on  the  second  day  of  January  in  each  year  after  the  ilate 
of  the  bonds  until  all  are  paid,  or  if  the  term  of  said  bonds  be  more 
than  ten  years,  then  said  coupons  shall  be  payable  on  the  second  day  of 
January  of  each  of  the  last  ten  years  of  the  term  of  the  bonds;  and 
each  couimn  shall  be  for  an  even  annual  proportion  of  the  princi{)al 
of  the  bond.  They  shall  have  semi  annual  interest  coupons  thereto  at- 
tached, the  first  of  which  shall  be  payable  upon  the  secoml  day  of  Jan- 
uary or  July,  as  the  case  may  be,  next  after  its  date,  and  shall  be  for 
the  interest  accrued  at  that  time,  and  the  rest  of  which  shall  be  for  the 
semi-annual  interest  accruing  from  the  secouil  day  of  January  or  July,  as 
the  case  may  be.  The  owner  of,  or  any  jterson  interested  in,  any  lot  or 
parcel  of  land  upon  which  a  bond  has  been  issued,  under  the  terms  of 
this  act,  niiiy  at  any  time  pay  off  such  bond  antl  discharge  his  land  from 
the  lien  of  the  assissmont,  by  paying  to  the  city  treasurer  for  the  hoMer 
of  such  bond  the  amount  then  unpaiil  on  the  principal  sum  thereof,  and 
all  intcrcj^t  thereon  which  has  acirued  and  is  unpaid,  together  with  the 
semi-annual  installment  of  interest  which  will  next  become  due  there- 
after, and  in  addition  thereto,  interest  for  two  years  at  the  rate  specified 
in  the  bond  ujion  the  unjiaid  amount  of  the  princij>al.  The  treasurer  shall 
theriMipon  make  an  entry  upon  his  boml  register  that  such  bond  has  been 
paid  in  full.  When  all  the  coujions  of  principal  and  interest  are  paid 
or  the  bond  is  surrendered  or  satisfied,  the  city  treasurer  shall  re|>ort 
the  fact  to  the  street  s^uperintcndent,  who  shall  forthwith  indorse  the 
same  on  the  margin  of  the  record  of  the  assessment  to  the  credit  of 
which  the  same  is  ]>aid.  The  assessment  upon  which  a  bond  is  issued  shall 
be  a  first  lion  uiion  the  property  afifccted  thereby  until  the  bond  issued 
for  the  ]iayiuent  thereof  and  the  accrued  interest  thereon  shall  be  fully 
paid.  Said  bonds  by  their  issuance  shall  be  conclusive  evidence  of  the 
regularity  of  all  proceedings  leading  up  thereto  under  said  street  work 
act  and  under  this  act,  and  of  the  validity  of  said  lien.  [Aniendraent 
approved  June  14,  1913;  Stats.  1913,  p.  847.] 

Also  .imonded   .'^pril  27.    1911    (Stata.  1911.  p.   1202). 

Failure  to  pay  interest  and  principal  on  bonds  as  due. 

§  5.  Whonover,  through  the  default  of  the  owner  of  any  lot  or  parcel 
of  land  to  represent  the  afisessment  upon  which  such  bond  has  been,  or 
may  horo;\ftcr  be,  iss^uod,  any  pnyment,  either  upon  the  principal,  or  of 


2027  STREETS.  Act  3932,  §  5 

the  interest,  has  not  been,  or  shall  not  be,  made  when  the  same  has  be- 
come, or  shall  become  due,  and  the  holder  of  the  bond  thereupon  de- 
mands, in  writing,  that  the  said  city  treasurer  proceed  to  advertise  and 
sell  said  lot  or  parcel  of  land  as  herein  provided,  then  the  whole  bond 
or  its  unpaid  remainder,  with  its  accrued  interest,  as  expressed  in  said 
bond,  shall  become  due  and  payable  immediately,  and  on  the  day  follow- 
ing shall  become  delinquent. 

Publication  of  notice  of  delinquency. 

Subdivision  a.  Upon  the  ai>plication  of  the  holder  of  any  bond  that  is 
now  or  shall  hereafter  become  delinquent  as  provided  in  this  section, 
the  said  city  treasurer  shall  publish  for  two  weeks  in  a  newspaper  of 
general  circulation,  to  be  designated  by  him,  published  in  the  city  where 
his  office  is  situated,  a  notice  which  must  contain  the  date,  number,  and 
series  of  the  delinquent  bond,  a  description  of  the  property  mentioned 
in  said  bond  and  the  name  of  the  owner  of  such  property  (if  known), 
and  if  unknown,  the  fact  shall  be  so  stated,  the  amount  due  thereon,  and 
a  statement  that  unless  the  amount  of  said  bond  and  the  interest  thereon, 
together  with  the  cost  of  publication  of  such  notice  are  paid,  the  real 
property  described  in  said  bond  will  be  sold  at  public  auction  on  a  day 
to  be  therein  fixed,  which  shall  not  be  less  than  fifteen  nor  more  than 
thirty  days  from  the  date  of  the  first  publication  of  said  notice,  and  the 
place  of  such  sale,  which  must  be  the  office  of  the  said  city  treasurer. 

Affidavit  of  publication. 

Sulidivision  b.  The  city  treasurer,  before  the  day  of  sale  herein- 
after provided  for,  must  file  with  the  city  clerk  a  copy  of  the  publication, 
with  an  affidavit  of  the  publisher  of  such  newspaper  or  someone  in  his 
behalf,  attached  thereto,  that  it  is  a  true  copy  of  the  same;  that  the 
publication  was  made  in  a  newspaper,  stating  its  name  and  place  of  publi- 
cation and  the  date  of  each  appearance  in  which  the  said  publication 
was  made,  which  affidavit  is  primary  evidence  of  all  the  facts  stated 
therein. 

Cost  of  publication. 

Subdivision  c.  The  city  treasurer  must  collect,  in  addition  to  the 
amount  due  on  such  bond",  the  cost  of  publication  of  such  notice,  and 
fifty  cents  for  the  certificate  of  sale,  as  hereinafter  provided. 

Owner  may  pay  before  sale. 

Subdivision  d.  At  any  time  prior  to  the  sale,  the  owner  or  person  in 
possession  of  any  real  estate  offered  for  sale  under  the  provisions  of  this 
act  may  pay  the  whole  amount  of  said  bond  then  due,  with  costs,  and 
such  bond  shall  thereupon  be  canceled;  but  in  case  such  payment  is  not 
made  by  such  owner,  or  person  in  possession,  or  by  someone  in  behalf  of 
such  owner,  or  person  in  possession,  the  property  subject  thereto  shall  be 
sold  as  herein  provided. 


Act  3932,  §  5 


GENERAL   LAWS. 


2028 


Sale  of  property. 

Suljiiivision  e.  At  the  sale,  the  property  (IPsrriT)^^  in  the  hond  shall 
be  sold  to  the  purchaser  who  will  take  the  Ipast  amount  thereof  and  pay 
the  amount  due  on  the  bond  together  with  jienalties  and  coats. 

Eecord  kept  by  city  treastirer. 

Subdivision  f.  The  fity  treasurer,  before  delivering:  any  certificate, 
must,  in  a  book  kept  in  his  office  for  that  purpose,  enter  the  date,  number, 
and  series  of  the  bond,  a  description  of  the  land  sold  corresponding  with 
the  desfription  of  the  certificate,  the  date  of  sale,  purchasers'  name,  the 
amount  paid,  regularly  number  the  descriptions  on  the  margin  of  the 
book,  and  put  a  corresponding  number  on  each  certificate.  Such  book 
must  be  open  to  public  inspection  durine  office  hours  when  not  in  actual 
use,  and  ho  shall  enter  on  the  re^'ord  of  the  bond  the  words  "Canceled  bj 
sale  of  the  pro|>erty,"  giving  the  date  of  such  sale. 

Purchaser  vested  with  lien. 

Siilidivision  g.  Imnie<liately  on  the  sale,  the  purchaser  shall  become 
vested  with  a  lien  on  the  pr>ii>erty,  so  sold  to  him,  to  the  extent  of  his 
bid,  an<l  is  only  devested  of  such  lien  by  the  payment  to  the  city  treas- 
urer of  the  purchase  money,  including  costs  herein  provided  for,  with 
interest  thereon  at  the  rate  of  one  per  cent  per  month  from  the  date  of 
sale. 

Redemption  of  property. 

Sulxlivision  h.  A  nslcmption  of  the  property  sold  may  be  made  by 
the  owner  of  the  pro|iorty,  or  any  party  in  interest,  within  twelve  month? 
from  the  date  of  purchase,  or  at  any  time  prior  to  the  application  for  a 
decil,  as  hereinafter  provided. 

Same. 

Subdivision  i.  Redemption  must  be  made  in  lawful  money  of  the 
Ignited  States,  and  when  made  to  the  city  treasurer  he  must  mark 
the  word  'IJodcemed,"  the  date  and  by  whom  redeemcil  on  the  margin 
of  the  book  where  the  entry  of  the  certificate  is  maile,  and  credit  the 
amount  paid  to  the  purchaser  named  in  the  certificate,  and  pay  the 
same  to  such  purchaser,  or  his  assignee,  upon  the  surrender  of  the  certifi 
cate  of  sale,  and  upon  satisfactory  proof  of  an  assignment  thereof,  if 
any. 

Deed  to  purchase.  Notice  to  owner  prior  to  expiration  of  time.  Notic* 
posted.  Purchaser's  fee  for  notice. 
Subdivision  ].  If  the  I'loicrty  is  not  redeemed  within  the  time  al- 
lowed by  subdivision  h  hereof  for  its  redemption,  the  city  treasurer,  or 
his  successor  in  office,  upon  application  of  the  purchaser  or  his  assignee, 
must  make  to  said  purchaser,  or  his  assignee,  a  deed  to  the  property,  re- 
citing in  the  deed,  substantially,  the  matter  contained  in  the  certificate, 
and  that  no  person  has  redeemed  the  property  during  the  time  allowed 


I 

2029  STREETS.  Act  3932,  §  10 

for  its  redemption;  the  treasurer  shall  be  cntitlefl  to  receive  from  the 
purchaser  two  dollars  for  making  said  deed,  which  shall  be  deposited  in 
the  city  treasury  for  the  use  of  the  city  after  payment  has  been  made 
tlierefrom  for  tlie  acknovvloilfjment  of  said  deed;  provided,  however,  that 
the  purchaser  of  the  properly,  or  his  assignee  must,  thirty  days  prior  to 
the  ex{)iration  of  the  time  of  the  redemption,  or  thirty  days  before  his 
application  for  a  deed,  serve  upon  the  owner  or  agent  of  the  property 
purchased,  if  named  in  such  certificate,  and  upon  the  party  occupying 
the  property,  if  the  j)roperty  is  occupied,  a  written  notice,  stating  that 
said  property  or  a  portion  thereof,  has  been  sold  to  satisfy  the  bond 
lien,  the  date  of  sale,  the  date  number,  and  series  of  the  bond,  the  amount 
then  due,  and  the  time  when  the  right  of  redemption  will  expire,  or  when 
the  jnirchaser  will  apjdy  for  a  deed,  and  the  owner  of  the  property  shall 
have  the  right  of  redemption  indefinitely,  until  such  notice  shall  have 
been  given  and  said  deed  applied  for,  upon  the  payment  of  the  fees, 
penalties  and  costs  in  this  act  required.  In  case  of  unoccupied  property, 
a  similar  notice  must  be  posted  in  a  conspicuous  "place  upon  the  property 
at  least  thirty  days  before  the  expiration  of  the  time  for  redemption, 
or  thirty  days  before  the  purchaser  applies  for  a  deed;  and  no  deed  to 
the  property  sold,  in  accordance  with  the  provisions  of  this  act,  shall 
be  issued  by  the  city  treasurer  to  the  purchaser  of  such  property,  until 
such  purchaser  shall  have  filed  with  such  treasurer  an  aflfidavit  showing 
that  the  notice  hereinbefore  required  to  be  given  has  been  given  as  herein 
required,  which  said  affidavit  shall  be  filed  and  preserved  by  the  said 
treasurer  as  other  records  kept  by  him  in  his  office.  Such  purchaser  shall 
be  entitled  to  receive  the  sum  of  fifty  cents  for  his  service  of  such  notice 
and  the  making  of  said  affidavit,  which  sum  of  fifty  cents  shall  be  paid 
by  the  redeinptioner  at  the  time  and  in  the  same  manner  as  the  other 
sums,  costs  and  fees  are  paid. 

Deed  evidence  of  regularity. 

Subdivision  k.  The  deed,  when  duly  acknowledged  or  proved,  is 
primary  evidence  of  the  regularity  of  all  proceedings  theretofore  had, 
and  convevs  to  the  grantee  the  absolute  title  to  the  lands  described 
therein,  as'of  the  date  of  the  expiration  of  the  period  for  redemption,  free 
of  all  encumbrances,  except  the  lien  for  state,  county  and  municipal  taxes. 
[Amendment  approved  June  14,  1913;  Stats.  1913,  p.  849.] 

PubUc  work  in  unincorporated  territory.     Terms  interchangeable. 

§  10  The  public  work  provided  to  be  done  under  the  act  may  be 
performed  under  the  provisions  of  this  act  in  unincorporated  territory 
in  counties,  and  all  of  the  provisions  of  this  act  shall  apply  with  equal 
force  to  such  work  subject  to  the  definitions  and  modifications  herein- 
after contained.  Wherever  the  words  "municipality,  mumcipalities 
or  "city"  shall  appear  in  this  act,  they  shall  be  and  are  hereby  defined 
as  including  cities,  cities  and  counties  and  counties,  and  are  hereby  ex- 
pressly   declared    to    be    interchangeable    with    any    or    either    of    these 


I 

Act  3932,  §  11  GENERAL   LAWS.  2030 

terms.  Wherever  the  terms  "city  coiin<il"  or  "conncfl"  shall  appear 
in  this  act,  they  shall  be  and  are  hereby  defined  as  including  the  board 
of  supervisors  of  a  county,  and  are  hereby  expressly  declared  to  be  inter- 
changeable with  these  terms;  and  all  of  the  provisions  of  this  act  extend 
inf;^  authority  to  or  imposing  duties  or  obligations  upon  the  city  council 
or  council  shall  apply  with  equal  force  to  the  board  of  supervisors. 
Wherever  the  terms  "street"  or  "streets"  shall  appear  in  this  act,  they 
shall  be  and  are  hereby  defined  as  including  highway,  or  highways,  and 
are  hereby  expressly  declared  to  be  interchangeable  therewith;  and  all 
of  the  provisions  of  this  act  relating  to  street  or  streets  shall  apply  with 
equal  force  to  highway  or  highways.  Wherever  the  terms  "city  clerk" 
"clerk  of  the  city  council,"  "clerk  of  the  council"  or  "clerk"  shall  appear 
in  this  act,  they  shall  be  and  are  hereby  defined  as  including  the  county 
clerk  of  a  county,  and  are  hereby  exjiressly  declared  to  be  interchange- 
able therewith;  and  all  the  provisions  of.  this  act  extending  authority 
to  or  inii»osing  duties  pr  obligations  upon  the  city  clerk,  clerk  of  the 
city  council,  clerk  of  the  council  or  clerk  shall  apply  with  equal  force 
to  the  county  clerk.  Wherever  the  terms  "city  treasury"  or  "municipal 
treasury"  shall  appear  in  this  act,  they  shall  be  and  are  hereby  defined 
as  including  the  county  treasury,  and  are  hereby  expressly  declared  to  be 
intcrcJiangeable  with  any  or  either  of  these  terms.  Wherever  the  terms 
"treasurer"  or  ''city  treasurer"'  shall  appear  in  this  act,  they  shall  be 
and  are  hereby  defined  as  including  the  county  treasurer  of  a  county, 
and  are  hcriby  expressly  declared  to  be  interchangeable  therewith;  and 
all  of  the  provisions  of  this  act  extending  authority  to  or  imposing 
duties  or  obligations  upon  the  treasurer  or  city  treasurer  shall  apply 
with  equal  force  to  the  county  treasurer.  Wherever  the  term  "corporate 
limits"  shall  appear  in  this  act,  it  shall  be  and  is  hereby  defined  as 
iniliiding  the  county  boundary;  and  is  hereby  expressly  declared  to  be 
interchangeable  therewith;  and  all  of  the  provisions  of  tliLs  act  refer- 
ring to  corporate  limits  shall  npjdy  with  equal  force  to  the  county 
boundary.     [New  section  approved  May  30,  1913;  Stats.  1913,  p.  351.] 

County  street  superintendent.     Compensation. 

§  11.  The  board  of  supervisors  of  any  county  in  which  it  is  desired 
to  perform  work  under  the  provisions  of  this  act  shall  be  and  they  are 
hereby  authorized  to  appoint  a  person  to  be  known  as  the  street  super- 
intendent of  the  said  county  who  shall  have  all  of  the  authority  and 
perform  all  of  the  duties  and  obligations  herein  imposed  upon  the  street 
superintendent,  and  shall  be  considered  as  designated  wherever  the  words 
'■street  superintendent"  or  "superintendent  of  streets,"  are  used  in  this 
act;  and  the  board  of  supervisors  may  appoint  as  many  deputies  for 
the  said  street  superintendent  of  the  county  as  in  their  judgment  may 
be  |)roper  and  necessary,  the  said  street  superintendent  to  receive  a 
compensation  of  six  dollars  per  dav',  and  his  deputies  to  receive  A 
comiicnsation  of  four  dollars  jier  day  for  their  time  actually  expended. 
The  ofticc  of  the  street  superintendent  shall  be  the  office  of  the  county 


2031  STREETS.  Act  393-1- 

surveyor,  and,  at  any  time  when  no  work  is  actually  being  conducted 
under  the  provisions  of  this  act,  or  when  the  street  superintendent  shall 
not  be  in  his  office,  the  county  surveyor  shall  have  charge  of  the  records 
in  the  street  superintendent's  ofiice  and  perform  such  duties  as  are 
herein  imposed  upon  the  street  superintendent,  and  have  such  other  au- 
thority as  is  herein  granted  to  the  street  superintendent;  and  all  of  the 
provisions  of  this  act  extending  authority  to  or  imposing  duties  or 
obligations  upon  the  street  superintendent  oi;  superintendent  of  streets 
shall  apply  with  equal  force  to  the  superintendent  of  streets  appointed 
by  the  board  of  supervisors.  [New  section  approved  May  30,  1913;  Stats. 
li)13,   p.   332.] 

Phraseology  of  bonds  changed. 

§  12.  In  any  bonds  provided  to  be  issued  under  the  terms  of  this 
act,  the  phraseology  of  the  said  bonds  shall  be  changed  to  conform  to 
the  designation  of  a  county  instead  of  city,  and  the  officers  hereinbefore 
mentioned  on  the  part  of  the  county  shall  be  and  they  are  hereby 
authorized  to  perform  all  of  the  duties  herein  by  the  provisions  of  this 
act  or  the  provisions  of  the  said  bond  specified  to  be  performed.  [New 
section  approved  May  30,  1913;  Stats.  1913,  p.  352.] 

Pajrment  from  general  fund. 

§  13.  If  the  board  of  supervisors  shall  determine  that  the  whole  or 
any  part  of  the  cost  and  expenses  of  the  work  mentioned  in  this  act  shall 
be  paid  out  of  the  treasurj-  of  the  county,  such  payment,  or  any  part 
of  the  same,  may  be  made  from  the  general  fund  of  the  county  or 
general  road  fund  of  the  count}',  or  from  the  road  district  fund  of  the 
road  district  in  which  the  said  improvement  shall  be  constructed.  [New 
section  approved  May  30,  1913;  Stats.  1913,  p.  352.] 

Citations.   Cal.  155/202,  205;  160/11,  293,  294;  161/193;  (§§39,  40)  160/ 

294;  (§§46,  48,  49,  52)  160/295.   App.  17/587,  588,  589. 

ACT  3934. 

An  act  to  provide  for  the  improvement  of  public  streets,  lanes,  alleys, 
courts  and  places  in  municipalities,  in  cases  where  any  damage  to 
private  property  would  result  from  such  improvement,  and  for  the 
assessment  of  the  costs,  damages  and  expenses  thereof  upon  the 
property  benefited  thereby. 

[Approved   April   21,   1909.     Stats.   1909,  p.   1042.] 

Amended   1911.  p.   1191. 

Repealed  June  16,  1918  (Stats.  1913,  p.  979).      See  post.  Act  3937c. 


Acts  3935,  3936 


GENERAL    LAWS. 


2032 


ACT  3935. 

An  act  to  provide  for  work  upon  ami  the  ronstriiotion  of  sidewalks  and 
rurbing  within   munif ipalities. 
[Approved    March    6,    1909.     Stats.    1909,    p.    167.] 
Repealed  Stats.  1911,  p.  618. 

The  repealing  act  of  1911   contained   the   following  provision: 

Act  of  1885  providing  for  construction  of  sidewalks,  etc.,  revived. 

The  repeal  of  said  act  shall  revive  each  and  every  portion  and  provi- 
sion of  the  act  entitled  ".An  act  to  provide  for  work  upon  streets,  lanes, 
alleys,  courts,  places  and  sidewalk;!,  and  for  the  construction  of  sewers 
within  municipalities,"  approved  March  18,  1885,  and  the  several  acts 
amendatory  thereof  and  supplementary  thereto,  relatinjj  to  sidewalks, 
and  the  construction  thereof,  and  to  the  assessments  to  he  made,  and  the 
enforcement  of  payments  for  the  expense  of  the  construction  of  such 
sidewalks,  and  all  other  provisions  thereof  repealed  expressly  or  by  im- 
plication by  the  act  hereby  repealed,  together  with  the  provisions  of  all 
acts  and  parts  of  acts  repealed  expressly  or  by  implication  by  the  act 
hereby  repealed.  Proceedings  under  the  act  hereby  repealed,  commenced 
prior  to  the  taking  efTect  of  this  act,  may  be  continued  to  completion 
under  the  provisions  thereof  with  the  same  force  and  effect  as  if  said 
act  were  not  hereby  repealed  and  such  proceedings  and  assessments  levied 
therein  shall  be  valid,  and  such  assessments  may  be  enforced  and  col- 
lected under  the  provisions  thereof. 
Citations.     App.  11/304,  305. 

ACT  3936. 

An  act  to  provide  for  changing  or  modifying  the  grade  of  pubiir   streets, 
lanes,  alleys,  courts  or  other  places  within  municipalities. 
[Approved  April  21,  1909.     Stats.   1909,  p.  1018.] 
Amended   1911,  Statutes  of  1911.  page   854,  as  follows: 

Affidavits  of  publication  and  posting  of  notices. 

§  5a.  Proof  of  publication  of  any  notice  reqiiiretl  by  this  act  shall 
be  made  by  affidavit,  as  provided  in  the  Code  of  Civil  Procedure,  and 
proof  of  the  posting  of  any  such  notice  shall  be  made  by  the  afliilavit 
of  the  person  posting  the  same,  setting  forth  the  facts  regarding  such 
posting.  It  shall  be  the  duty  of  any  officer  who  is  required  by  this  act 
to  have  any  notice  published  or  i)Osted,  to  obtain  and  file  in  his  office  the 
affidavit  or  affidavits  in  proof  thereof;  provided,  that  his  failure  so  to  do 
shall  not  affect  the  validity  of  any  proceedings  under  this  act.  Any 
such  affidavit  so  filed  shall  be  prima  facie  evidence  of  the  facts  therein 
stated  regarding  such  publication  or  posting.  [Now  section  approved 
April  10,   1911;  Stats.   1911,  p.   854.] 


2033  STREETS.  Act  3937 

ACT  3937. 

Au  act  to  provide  for  work  in  and  upon  streets,  avenues,  lanes,  alleys, 
courts,  places  and  sidewalks  witliin  municipalities,  and  upon  prop- 
erty and  ri^l'ts  of  way  owned  by  municipalities,  and  for  establish- 
ing and  changing  the  grades  of  any  such  streets,  avenues,  lanes, 
alleys,  courts,  places  and  sidewalks,  and  providing  for  the  issuance 
and  pa>nient  of  street  improvement  bonds  to  represent  certain  assess- 
ments for  the  cost  thereof  and  providing  a  method  for  the  payment 
of  such  bonds. 

[Approved  April  7,  1911.     Stats.  1911,  p.  730.] 
Amended   1913,  pp.  57,   78,  356,  540. 

PART   I, 

§     1.     Public  streets  defined. 

§     2.     What  work  may  be  done. 

§     3.     Resolution  of  intention. 

§     4.     When  chargeable  on  district. 

§     5.     Notice  of  improvement. 

§     6.     Protest  and  hearing. 

§     7.     Jurisdiction — When  acquired. 

§     8.     Plans  and  specifications. 

§     9.     Descriptions  by  reference. 

§  10.     Inviting  sealed  proposals. 

§   11.     Notice  of  awarding  contract. 

§   12.     Owners  may  take  contract. 

§   13.     Readvertising  for  bids. 

§   14.     Delinquent  contractors. 

§   15.     Bond  for  faithful  performance. 

§   16.     Protesting  erroneous  proceedings. 

§  17.     Advancing  incidental  expenses. 

§  18.     Conditions  in  contract. 

§  19.     Bond  for  labor  and  material. 

§  20.     Methods  of  assessment. 

Subd.     1.     Frontage   assessment. 

2.  Main  street  crossings. 

3.  Main  street  terminations. 

4.  Allev   and  main   street  crossings. 

5.  Alley   and  subdivision  street  crossings. 

6.  Alley  terminations. 

7.  One 'side  of  street. 

8.  Public  property. 

9.  When  owners  may  grade. 

10.  Diagram  of  assessment  district. 

11.  Railroad  property. 
§  21.     Making  the  assessment. 

§  22.     Warrant. 
128 


Act  3937 


QENER.\L   LAWS. 


203:1 


§  23. 
§  24. 
§  25. 
§  26. 
S  27. 
§  28. 
§  29. 
§  30. 
§  31. 
§  32. 
§  33. 
§  34. 
5  35. 
§  36. 
§  37. 
§  38. 
§  39. 
§  40. 
§  41. 
§   42. 

§  43. 
§  44. 
§   45. 

§  in. 

§  47. 

§  48. 

§  49. 

§  50. 

§  51. 

§  52. 

§  53. 

§  54. 

§  55. 

§  56. 

§  57. 

S  58. 


§  59. 
§  60. 
§  61. 
§  62. 
§  63. 
§  64. 
§  65. 
§  (i6. 


Recording  warrant,  etc 

Demanding  payment. 

Contractor's  return. 

Final  objections. 

Contractor's  suit. 

New  assessment  permitted. 

vSelling  promises  on  execution. 

Partial  assessment. 

Repair.s. 

Suit  for  repairs. 

Additional  penalty  for  neglect. 

Tenant  may  pass  assessment. 

Service  of  notice. 

Accepted  streets. 

Records  of  street  stiperintendent. 

Duty  of  street  superintendent. 

Damages — Defective  streets. 

Partial  expense  from  treasury. 

City  engineer. 

Inspector. 

PART  IL 
Change  of  grade. 
Claiming  damages. 
Commissioners. 
Damages  and  benefits. 
Rejiort  of  commissioners. 
Notice  of  hearing  report. 
Objections  to  report. 
Advertising  for  bids. 
Making  assessment. 
Assessiiu'iitroll. 
Collecting  assessments. 
Sale  of  projierty. 
Redeemable  within   one  year. 
Separate  funds. 
Notice  of  damages  awarded. 
Condemnation  proceedings. 

PART  III. 
Serial  bonds  may  be  issued. 
When   and  where  payable. 
Notice  in   resolution  of  intention. 
Notification  to  treasurer. 
Form  of  bond. 

Limitation,  twenty-five  dollars. 
Owner  may  stop  issuance. 
Description  of  bonds. 


§ 

67. 

§ 

6S. 

§ 

69. 

§ 

70. 

§ 

71. 

§ 

72. 

§ 

73. 

§ 

74. 

s 

75. 

§ 

76. 

§ 

77. 

§ 

77a 

§ 

78. 

-^035  STREETS.  Act  3937,  §§  1,2 

Penalty  for  default. 

Sale  of  property. 

Treasurer's  affidavit. 

Costa  and  fees. 

Certifirate  of  treasurer. 

Lien  on  the  property. 

RediMnption. 

Recording  cerbifipate. 

Deed  to  purchaser. 

Absolute  title. 

Railroad  property. 

Ordering  railroad  companies  to  improve  roadbed. 

No  protests. 

PART  IV. 

§  79.     Definitions. 

§  79a.  Places  defined. 

§  80.     Hearings. 

§  81.     Publication  and  posting. 

§  82.     Construction  of  act. 

§  83.     Saving  clause. 

§  84.     Public  work  in  unincorporated  territory. 

§  85.     County  street  superintendent.     Compensation. 

§  86.     Phraseology  of  bonds  changed. 

§  87,     Payment  from  general  fund. 

§  88.     Highway  lighting  district.     Ordinance  to  describe  district. 

Tax  for  maintenance. 

§  89.     Names  for  roads. 

PART   I. 
Public  streets  defined. 

§  1.  All  streets,  lanes,  alleys,  places  or  courts,  in  the  municipalities  of 
this  state  now  open  or  dedicated,  or  which  may  hereafter  be  open  or 
dedicated  to  public  use,  shall  be  deemed  and  held  to  be  open  public 
streets,  lanes,  alleys,  places  or  courts,  for  the  purpose  of  this  act,  and 
the  city  council  of  each  municipality  is  hereby  empowered  to  establish 
and  change  the  grades  of  said  streets,  lanes,  alleys,  places,  or  courts,  and 
fix  the  width  thereof,  and  is  hereby  invested  with  jurisdiction  to  order 
to  be  done  thereon  any  of  the  work  mentioned  in  this  act  under  the  pro- 
ceedings hereinafter  described. 

-What  work  may  be  done. 

§  2.  Whenever  the  public  interest  or  convenience  may  require,  the 
city  council  is  hereby  authorized  and  empowered  to  order  the  whole  or 
any  portion  or  portions,  either  in  length  or  width  of  any  one  or  more 
of  the  streets,  avenues,  lanes,  alleys,  courts,  places  or  public  ways  of  any 
such  city  graded  or  regraded  to  the  official  grade,  planked  or  replanked, 
paved  or  repaved,  macadamized  or  remaeadamized,  graveled  or  Tegraveled, 


Act  3937,  §§3,4  general  laws.  2036 

piled  or  replied,  capped  or  recapped,  oiled  or  reoiled,  and  to  order  the 
r-on  struct  ion  or  recoDstruction  therein  of  sidewalks,  crosswalks,  culverts, 
hridj(es,  gutters,  curbs,  steps,  parkings  and  parkways,  sewers,  ditches, 
<lr;iiiia,  conduits  and  channels  for  sanitary  and  drainage  purjioses  or  either 
or  both  thereof,  with  outlets,  cesspools,  manholes,  catch  basins,  flush 
tanks,  septic  tanks,  connecting  sewers,  ditches,  drains,  conduits,  channels 
and  other  appurtenances;  pipes,  hydrants  and  appliances  for  fire  pro- 
trftion;  tunnels,  viaducts,  conduits  and  subways,  breakwaters,  levees, 
bulkheads  and  walls  of  rock  or  other  material  to  protect  the  same  from 
ovorflow  or  injury  by  water;  and  poles,  [posts,  wires,  pipes,  conduits,  lamps 
and  other  suitable  or  necessary  appliances  for  the  purpose  of  lighting 
said  streets,  avenues,  lanes,  alleys,  courts,  places  or  public  ways;  the 
planting  of  trees  thereon,  and  the  runstrm-tion  or  reconstruction  in,  over 
or  through  property  or  rights  of  way  owned  by  such  city,  of  tunnels, 
sewers,  ditches,  drains,  conduits,  and  channels  for  sanitary  and  drainage 
pur[)oses  or  either  or  both  thereof,  with  necessary  outlets,  ce8sj>ools,  man- 
holes, catch  basins,  flush  tanks,  septic  tanks,  connecting  sewers,  ditches, 
drain.s,  conduits,  channels  and  other  appurtenances,  pipes,  hydrants  anl 
appliances  for  fire  protection  and  breakwaters,  levees,  bulkheads  an  1 
walls  of  rock  or  other  material  to  protect  the  streets,  avenues,  lanes, 
alleys,  courts,  places,  public  ways  and  other  jiroperty  in  any  such  city, 
from  overflow  by  water,  and  to  order  any  work  to  be  done  which  shall 
be  deetiicfl  necessary  to  improve  the  whole  or  any  portion  of  sach  streets, 
avenues,  sidewalks,  lanes,  alleys,  courts,  places,  or  public  ways  or  prop- 
erty or  rights  of  way  of  such  city. 

Resolution  of  intention. 

§  3.  Hcfore  ordering  any  work  done  or  improTcment  made,  which  is 
authorized  by  this  act,  the  city  council  shall  pass  a  resolution  of  intention 
so  to  ilo  referring  to  the  street  by  its  lawful  or  ofticial  name,  or  the  name 
by  which  it  is  commonly  known,  and  briefly  describing  the  work.  Said 
rosolufion  of  intention  shall  be  publislie<l  twice  in  one  or  more  daily, 
semi-weekly,  or  weekly  newspapers  published  and  circulated  in  said  city, 
and  designated  by  said  council  for  that  purpose.  The  city  council  may 
include  in  one  proceeding,  under  one  resolution  of  intention  and  in  one 
contract,  any  of  the  different  kinds  of  work  mentioned  in  this  act  and 
anv  number  of  streets  and  rights  of  way  or  portions  thereof,  and  it  may 
except  therefronj  any  of  said  work  already  done  upon  a  street  to  the 
official  grade.  The  lots  and  portions  of  lots  fronting  upon  said  excepted 
work  already  done  shall  not  be  included  in  the  frontage  assessment  for 
the  class  of  work  from  which  the  exception  is  made;  provided,  that  this 
shall  not  be  construed  so  as  to  affect  the  special  provisions  as  to  grad- 
ing contained  in  subdivision  9  of  section  '20  of  this  act. 

When  chargeable  on  district. 

§  4.  Wiu  never  tlie  contemplated  work  or  im|>rovement,  in  the  opinion 
of  tho  city  council,  is  of  more  than  local  or  ordinary  public   benefit,  or 


2037  STREETS.  Act  3937,  §§  5, 6 

whenever,  according  to  estimate  to  be  furnished  by  the  city  engineer,  the 

tut;il  ostiniatod  t-osis  and  expenses  thereof  would  exceed  one-half  the 
total  assessed  value  of  the  lots  and  lands  assessed,  if  assessed  upon  the 
lots  or  land  fronting  upon  said  proposed  work  or  improvement,  according 
to  the  valuation  fixed  by  the  last  assessment-roll  whereon  it  was  assessed 
for  taxes  for  municipal  purposes,  and  allowing  a  reasonable  depth  from 
such  frontage  for  lots  or  lands  assessed  in  bulk,  the  city  council  may 
make  the  expense  of  such  work  or  improvement  chargeable  upon  a  dis- 
trict, which  the  said  city  council  shall,  in  its  resolution  of  intention,  de- 
clare to  be  the  district  benefited  by  said  work  or  improvement,  and  to  be 
assessed  to  pay  the  costs  and  expenses  thereof. 

Notice  of  improvement. 

§  5.  The  street  superintendent  shall  immediately  after  the  adoption  of 
the  resolution  of  intention,  cause  to  be  conspicuously  posted  along  the 
line  of  said  contemplated  work  or  improvement,  at  not  more  than  three 
hundred  feet  in  distance  apart,  but  not  less  than  three  in  all,  or  when 
the  work  to  be  done  is  only  upon  an  entire  crossing  or  intersection  or 
any  part  thereof,  in  front  of  each  quarter  block  or  irregular  block  liable 
to  be  assessed,  notices  of  the  passage  of  said  resolution.  In  case  the 
work  is  chargeable  upon  a  district  as  herein  provided,  copies  of  said 
notice  shall  also  be  posted  along  all  the  streets  within  such  district  at 
not  more  than  three  hundred  feet  in  distance  apart  but  not  less  than 
three  in  all  on  each  street. 

Said  notice  shall  be  headed  "Notice  of  improvement,"  in  letters  of  not 
less  than  one  inch  in  length;  and  shall,  in  legible  characters,  state  the 
fact  of  the  x>assage  of  the  resolution  of  intention,  its  date,  and  briefly, 
the  work  or  improvement  proposed,  and  refer  to  the  resolution  of  inten- 
tion for  further  particulars.  Upon  the  completion  of  the  posting  of  the 
notices  of  improvement  the  superintendent  of  streets  shall  forthwith  cause 
to  be  filed  in  the  office  of  the  cit}  clerk  an  affidavit  stating  the  fact  of 
the  completion  of  the  posting  of  such  notices  and  the  date  of  such  com- 
pletion and  thereafter  all  persons  shall  be  deemed  to  have  notice  of  the 
date  of  the  completion  of  such  posting. 

Protest  and  hearing. 

§  6.  At  any  time  within  fifteen  days  after  the  date  of  the  second 
publication  of" the  resolution  of  intention,  or  if  the  posting  of  the  notice 
of  improvement  has  been  completed  after  the  second  publication  of  the 
resolution  of  intention,  then  w-ithin  fifteen  days  after  the  date  of  the 
completion  of  the  posting  of  the  said  notice  of  improvement,  any  owner 
of  property  liable  to  be  assessed  for  said  work  may  make  written  protest 
against  the  proposed  work  or  against  the  extent  of  the  district  to  be 
assessed,  or  both.  Such  protest  must  be  in  writing  and  be  delivered  to 
the  said  clerk  of  the  city  council,  who  shall  indorse  thereon  the  date  of 
its  receipt  by  him.  At  the  next  regular  meeting  of  the  city  council  after 
the  expiration  of  the  time  within  which  said  protest  may  be  so  made,  the 


Act  3937,  §§  7-10  general  laws.  2038 

city  council  shall  proceed  to  hear  and  pass  upon  all  protests  so  made  and 
its  decision  shall  be  final  and  conclusive;  provided,  however,  that  when 
the  protest  is  against  the  proposed  work,  and  the  cost  thereof  is  to  be 
assessed  upon  the  property  fronting  thereon,  and  the  city  council  finds 
tliat  such  protest  is  made  by  the  owners  of  a  majority  of  the  property 
fronting  on  the  projtosed  work,  or  wlirn  the  protest  is  against  the  pro- 
posoil  work  and  the  cost  thereof  is  to  be  assessed  upon  the  property 
witliin  a  district,  and  the  city  council  finds  that  such  protest  is  made  by 
the  owners  of  more  than  one-half  of  the  area  of  the  property  to  be 
assessed  for  said  improvements,  no  further  proceedings  shall  be  taken  for 
a  period  of  six  months  from  the  date  when  said  protest  was  received  by 
tlio  said  clerk  of  said  city  council,  unless  the  said  protest  be  ovcrrul<  d 
by  an  afTirmati-ve  vote  of  four-fifths  of  the  members  of  the  city  council. 
The  city  council  may  adjourn  said  hearing  from  time  to  time. 

Jurisdiction — When  acquired. 

§  7.  When  no  protests  have  been  delivered  to  the  clerk  of  the  city 
council  within  fifteen  days  after  the  date  of  the  second  publication  of 
the  resolution  of  intention,  or  if  the  posting  of  the  notice  of  improvemer.t 
has  been  completed  after  the  second  publication  of  the  resolution  of  in 
tcMition,  then  within  fifteen  days  after  the  date  of  the  completion  of  th^^ 
l>ostirig  of  the  said  notice  of  imiirovement,  or  when  a  protest  shall  hav, 
been  found  by  said  city  council  to  be  insufTicient,  or  shall  have  been  over 
ruled,  or,  when  a  protest  against  the  extent  of  the  proposed  district,  shall 
h.ivo  been  heard  and  denied,  imnieiliatcly  thereupon  the  city  council  shall 
be  deemed  to  have  acquired  jurisdiction  to  order  the  proposed  improve- 
uients. 

Plans  and  specifications. 

§  8.  Before  passing;  any  resolution  for  tlie  cnn«tructif»n  of  improvr- 
iiionts,  ])lans  and  specifications  and  careful  estimates  of  the  costs  and 
expenses  thereof  shall  bo  furnished  to  said  city  council,  if  required  by  it. 
by  tlie  city  engineer  of  said  city;  and  for  the  work  of  constructing 
sewers,  specifications  shall  always  be  furnished  bv   him. 

Descriptions  by  reference. 

§  9.  In  all  n  solutions.  n(,iti('es.  or«lers  and  det«rminations  subsequent 
to  resolution  of  intention  and  notice  of  improvement,  it  shall  be  sutfi 
cient  to  briefly  describe  the  work  or  the  assessment  district  or  both  and 
to  refer  to  the  resolution  of  intention  for  further  particulars. 

Inviting  sealed  proposals. 

§  10.  r.cfiiic  tiu>  awarding  of  any  contract  by  the  city  rouncil  for 
doing  any  work  authorized  by  this  act.  the  city  council  shall  pass  a 
resolution  ordering  the  work.  Notice,  with  specifications,  shall  be  posted 
conspicuously  for  five  days  on  or  near  the  council  chamber  door  of  '■  ' 
council,  inviting  sealed  proposals  or  bids  for  doing  the  work  or 
Notice  inviting  such  proposals,  and  referring  to  the  specifications  j 


2039  STREETS.  Act  3937,  §§  11 

or  on  file,  shall  be  published  twice  in  a  daily,  semi-weekly,  or  weekly 
newspajier  published  and  circulated  in  said  city,  designated  by  the  coun- 
cil for  that  purpose,  and  in  case  there  is  no  newspaper  published  in  said 
city,  then  it  shall  only  be  posted  as  hereinbefore  provided.  The  time 
fixed  for  the  opening  of  bids  shall  be  not  less  than  ten  days  from  the 
time  of  the  first  publication  or  posting  of  said  notice.  All  "proposals  or 
bids  offered  shall  be  accompanied  by  a  check  payable  to  the  city  certified 
by  a  responsible  bank,  for  an  amount  which  shall  not  be  less  than  ten 
per  cent  of  the  aggregate  of  the  proposal,  or  by  a  bond  for  the  said 
amount  and  so  pa^'ablo,  signed  by  the  bidder  and  two  sureties,  who  shall 
justify,  before  any  officer  competent  to  administer  an  oath,  in  double  the 
said  amount,  and  over  and  above  all  statutory  exemptions.  Said  pro- 
posals or  bids  shall  be  delivered  to  the  clerk  of  the  said  city  council, 
and  said  council  shall,  in  open  session  publicly  open,  examine  and  de- 
clare the  same;  provided,  however,  that  no  proposal  or  bid  shall  be  con- 
sidered unless  accompanied  by  said  check  or  bond  satisfactory  to  the 
council.  The  city  council  may  reject  any  and  all  proposals  or  bids  should 
it  deem  this  for  the  public  good,  and  also  the  bid  of  any  party  who  has 
been   delinquent   or  unfaithful   in   any  former   contract   with   the   munici- 

f»ality,  and  shall  reject  all  proposals  or  bids  other  than  the  lowest  regu- 
ar  proposal  or  bid  of  any  responsible  bidder,  and  may  award  the  contract 
for  said  work  or  improvement  to  the  lowest  responsible  bidder  at  the 
prices  named  in  his  bid.  If  the  bids  are  rejected  or  no  bids  received 
the  city  council  may  within  six  months  thereafter  readvertise  for  pro- 
posals or  bids  for  the  performance  of  the  work  as  in  the  first  instance, 
without  further  proceedings,  and  thereafter  proceed  in  the  manner  in 
this  section  provided,  and  shall  thereupon  return  to  the  proper  parties 
the  respective  checks  and  bonds  corresponding  to  the  bid  so  rejected. 
But  the  cheeks  accompanying  such  accepted  proposals  or  bids  shall  be 
held  by  the  city  clerk  of  said  city  until  the  contract  for  doing  said  work, 
as  hereinafter  provided,  has  been  entered  into,  either  by  said  low-est 
bidder  or  by  the  owners  of  three-fourths  part  of  the  frontage,  whereupon 
said  certified  check  shall  be  returned  to  said  bidder.  But  if  said  bidder 
fails,  neglects  or  refuses  to  enter  into  the  contract  to  perform  said  work 
or  iuiprovement,  as  hereinafter  provided,  then  the  certified  check  accom- 
panying his  bid  and  the  amount  therein  mentioned,  shall  be  declared  to 
be  forfeited  to  said  city  and  shall  be  collected  by  it  and  paid  into  the 
general  fund,  and  any  bond  forfeited  may  be  prosecuted,  and  the  amount 
due  thereon  collected  and  paid  into  said  fund. 

Notice  of  awarding  contract. 

§  11.  Notice  of  such  award  of  contracts  shall  be  posted  for  five  days, 
in  the  same  manner  as  hereinbefc're  provided  for  the  posting  of  proposals 
for  said  work,  and  shall  be  published  twice  in  a  daily  newspaper  pub- 
lished and  circulated  in  said  city  and  designated  by  said  city  council,  or 
in  cities  where  there  is  no  daily  newspaper  by  one  insertion  in  a  semi- 
weekly  or  weekly  newspaper  so  published,  circulated  and  designated;  pro- 


Act  3937,  §§  12-14  general  l.\ws.  2040 

vided,  however,  that  in  case  there  is  no  newspaper  printed  or  published 
in  any  such  city,  then  such  notice  of  award  shall  only  be  kept  posted 
as  hereinbefore  provided. 

Owners  may  take  contract. 

§  12.  The  owners  of  three-fourths  of  the  frontage  of  lots  and  lands 
liable  to  be  assessed,  or  their  agents,  and  who  shall  make  oath  that  they 
are  such  owners  or  agents,  shall  not  be  required  to  present  sealed  pro- 
posals or  bids,  but  may,  within  ten  <lays  after  the  first  publication  of  said 
notice  of  said  award,  elect  to  take  said  work  and  enter  into  a  written 
contract  to  do  the  whole  work  at  the  price  at  which  the  same  has  been 
awarded,  and  all  work  done  under  such  contract  shall  be  subject  to  such 
regulations  as  may  be  jircacribed  by  ordinance  of  the  city  council.  Should 
the  said  owners  fail  to  elect  to  take  said  work,  and  to  enter  into  a  writ- 
ten contract  therefor  within  ten  days,  or  to  commence  the  work  within 
fifteen  days  after  the  date  of  such  written  contract,  and  to  prosecute  the 
same  with  diligence  to  completion,  it  shall  be  the  duty  of  the  superin- 
tendent of  streets  to  enter  into  a  contract  with  the  original  bidder  to 
whom  the  contract  was  awarded,  and  at  the  prices  specified  in  his  bid. 

All  contracts  entereil  into  between  the  owners  of  any  property  and  the 
contractor  or  his  agents  shall  be  in  duplicate  and  shall  contain  all  items 
of  exjicnse  and  the  total  contract  price  therefor,  and  no  other  payment 
shall  be  allowed  to  or  recovered  by  such  contractor,  other  than  as  item- 
ized and  act  forth  in  said  contract.  The  original  of  such  contract  shall 
be  held  by  the  contractor  or  his  agent,  and  the  duplicate  shall  be  held  by 
the  owners,  who  must  receipt  to  the  agent  or  contractor  therefor. 

Readvertislng  for  bida. 

§  13.  But  if  such  original  bidder  neglects,  fails  ot  refuses,  for  flffeeu 
(lays  after  the  first  publication  of  the  notice  of  award,  to  enter  into  the 
contratt,  then  the  city  council,  without  further  proceedings,  shall  again 
advertise  for  proposals  or  bids,  as  in  the  first  instance,  anil  award  the 
contract  for  said  work  to  the  then  lowest  regular  bid<ler.  Should  no  bids 
be  received  in  response  to  this  second  call  for  proposals,  the  council  may 
again  advertise  for  bids  under  the  same  proceedings,  at  any  time  within 
six  months  from  the  time  set  for  the  last  reception  of  bids,  and  let  the 
contract  to  the  then  lowest  bidder,  and  such  delay  shall  in  no  way  affect 
the  validity  of  any  of  the  proceedings  or  assessments  levied  thereunder. 
The  bids  of  all  persons  and  the  election  of  ail  owners,  as  aforesaid,  who 
have  failed  to  enter  into  the  contract,  as  herein  jirovided.  shall  be  re- 
jected in  any  bidding  or  election  subsequent  to  the  first  for  the  same 
work. 

Delinquent  contractors. 

§   14.      If   tlio  owner  or  contractor  who  may  have  taken  any  contract, 
does  not   complete  tlie  same  within   the   time   limited   in   the  contract,  or 
within   such  further  time  as  the  city   council   may  give  him.  the  suporin 
tendent  of  streets  shall  report  such  delinquency  to  the  city  council  which 


2041  STREETS.  Act  3937,  §§  15-18 

may  relet  the  iinfinislied  portion  of  said  work,  after  pursuing  the  formali- 
ties prescribed  hereinbefore  for  the  letting  of  the  whole  in  the  first 
instance. 

Bond  for  faithful  performance. 

§  15.  All  contractors,  contracting  owners  included,  shall,  at  the  time 
of  executing  any  contract  for  street  work,  execute  a  bond  to  the  satis- 
faction and  apjiroval  of  the  superintendent  of  streets  of  said  city,  with 
two  or  more  sureties  and  payable  to  such  city,  in  a  sum  not  less  than 
twenty  five  per  cent  of  the  amount  of  the  contract,  conditioned  for  the 
faithful  performance  of  tiie  contract;  and  the  sureties  shall  justify  be- 
fore any  person  competent  to  administer  an  oath,  in  double  the  amount 
mentioned  in  said  bond,  over  and  above  all  statutory  exemptions. 

Protesting  erroneous  proceedings. 

§  16.  At  any  time  within  ten  days  from  the  date  of  the  first  publica- 
tion of  the  notice  of  award  of  contract,  any  owner  of,  or  other  person 
having  any  interest  in  any  lot  or  land  liable  to  assessment,  who  claims 
that  any  of  the  previous  acts  or  proceedings,  relating  to  said  improve- 
ment are  irregular,  defective,  erroneous  or  faulty,  may  file  with  the  clerk 
of  the  city  council  a  written  notice  specifying  in  what  respect  said  acts 
and  proceedings  are  irregular,  defective,  erroneous  or  faulty.  Said  notice 
shall  state  that  it  is  made  in  pursuance  of  this  section.  All  objections 
to  any  act  or  proceeding  occurring  prior  to  the  date  of  the  first  publication 
of  the  aforesaid  notice  of  award,  in  relation  to  said  improvement,  not 
made  in  writing  and  in  the  manner  and  at  the  time  aforesaid,  shall  be 
waived,  provided,  the  resolution  of  intention  to  do  the  work  has  been 
actually  published  and  the  notices  of  improvement  posted  as  provided  in 
this  act. 

Advancing  incidental  expenses. 

§  17.  Before  being  entitled  to  a  contract,  the  bidder  to  whom  the 
award  was  made,  or  the  owners  who  have  elected  to  take  the  contract, 
must  advance  to  the  superintendent  of  streets,  for  payment  by  him,  the 
cost  of  publication  of  the  notices,  resolutions,  orders  and  matters  re- 
quired under  the  proceedings  prescribed  in  this  act,  and  of  such  other 
notices  as  may  be  deemed  requisite  by  the  city  council,  together  with  all 
other  incidental  expenses.  And  in  case  the  work  is  abandoned  by  the 
city  before  the  letting  of  the  contract  the  incidental  expenses  incurred 
previous  to  such  abandonment  shall  be  paid  out  of  the  city  treasury. 

Conditions  in  contract.  . 

§  18.  The  superintendent  of  streets  is  hereby  authorized,  in  his  official 
capacitv,  to  make  all  written  contracts,  and  to  receive  all  bonds  author- 
ized by  this  act.  and  to  do  any  other  act,  either  express  or  implied,  that 
pertains  to  the  street  department  under  this  act;  and  he  shall  fix  the 
time  for  the  commencement,  which  shall  not  be  more  than  fifteen  days 
from  the  date  of  the  contract,  and  for  the  completion  of  the  work  under 


Act  3937,  §  19 


GENERAL  LAWS. 


2042 


all  contracts  entered  into  by  him,  which  work  shall  be  prosecuted  with 
diligence  from  day  to  day  thereafter  to  completion,  and  he  may  extend 
the  time  so  fixed  from  time  to  time,  under  the  direction  of  the  city  coun- 
cil. The  work  must,  in  all  cases,  be  done  under  the  direction  and  to  the 
satisfaction  of  the  superintendent  of  streets  and  the  materials  used 
shall  comply  with  the  specifications  and  be  to  the  satisfaction  of  said 
superintendent  of  streets,  and  all  contracts  made  therefor  must  contain 
a  provision  to  that  effect,  and  also  expros^s  notice  that,  in  no  case,  except 
where  it  is  otherwise  provided  by  law  or  the  city  charter  will  the  city, 
or  any  officer  thereof,  be  liable  for  any  |X)rtion  of  the  expense,  nor  for 
any  delinquency  of  persons  or  property  assessed.  The  city  council  may, 
by  ordinance,  prescribe  general  rules  directing  the  superintendent  of 
streets  and  the  contractor  as  to  the  materials  to  be  used,  and  the  mode 
of  executing  the  work,  under  all  contracts  thereafter  made.  The  assess- 
ment and  apportionment  of  the  expenses  of  all  such  work,  or  improve- 
ment shall  be  made  by  the  superintendent  of  streets  in  the  mode  pro- 
vided by  this  act. 

Bond  for  labor  and  material. 

§  19.  Every  contr.ictor,  person,  company,  or  corporation,  including 
contracting  owners,  to  whom  is  awarded  any  contract  for  street  work 
under  this  act,  shall,  before  executing  the  said  contract,  file  with  the 
superintendent  of  streets  a  good  and  sufficient  bond,  approved  by  the 
piavor.  in  a  sum  not  less  than  one  half  of  the  total  amount  payable  by 
the*  terms  of  said  contract;  such  bond  shall  be  executed  by  the  principal 
and  at  least  two  sureties,  who  shall  qualify  for  double  the  sum  specific.! 
in  said  bond,  and  shall  be  made  to  inure  to  the  benefit  of  any  and  all 
persons,  companies  or  corporations  who  perform  labor  on,  or  furnish 
materials  to  be  used  in  the  said  work  or  improvement,  and  shall  provide 
tliat  if  tlie  contractor,  person,  company  or  corporation  to  whom  said  con- 
tract was  awarded  fails  to  i>ay  for  any  materials  so  furnished  for  the 
said  work  or  improvement,  or  for  any  work  or  labor  done  thereon  of 
any  kind,  that  the  sureties  will  pay  the  same,  to  an  amount  not  exceed- 
ing the  sum  specified  in  said  bond'  Any  materialman,  person,  company 
or  corporation,  furnishing  materials  to  be  used  in  the  performance  of 
said  work  specified  in  said  contract,  or  who  jwrformed  work  or  labor 
upon  the  said  iuii>rovement,  whose  claim  has  not  been  paid  by  the  said 
contractor,  companv  or  corporation,  to  whom  the  said  contract  was 
awarded,  may,  within  thirty  days  from  tlie  time  said  i^nprovement  is 
completed,  file  with  the  superintendent  of  streets  a  verified  statement  of 
his  or  its  claim,  together  with  a  statement  that  the  same,  or  some  part 
thereof,  has  not  been  paid.  At  any  time  within  ninety  days  after  the 
filing  of  such  claim,  the  person,  company  or  corporation,  filing  the  same, 
or  their  assigns,  may  commence  an  action  on  said  bond  for  the  recov- 
ery of  the  amount  due  on  said  claim,  together  with  the  costs  incurred 
in"  said  action,  and  a  reasonable  attoruey  fee,  to  be  fixed  by  the  court, 
for  the  prosecution   thereof. 


2043  STREETS.  Act  3937,  §  20 

Assessment  for  street  improvement. 

§  20.  Subdivision  1.  The  expenses  incurred  for  any  work  authorized 
liv  this  act  (which  expense  shall  not  inolude  the  cost  of  any  work  done 
III  such  pt>rtion  of  any  street  as  is  required  by  law  to  be  kept  in  order 
or  repair  by  any  person  or  company  having  railroad  tracks  thereon,  nor 
include  work  which  shall  have  been  declared  in  the  resolution  of  inten- 
tion to  be  assessed  on  a  district  benefited)  shall  be  assessed  upon  the  lots 
and  lands  fronting  thereon,  except  as  otherwise  in  this  act  specifically 
provided;  each  lot  or  portion  of  a  lot  being  separately  assessed,  in  pro- 
portion to  the  frontage,  at  a  rate  per  front  foot  sufficient  to  cover  the 
total  expense  of  the  work. 

Street  crossings. 

Subdivision  2.  The  expense  of  the  work  done  on  main  street  cross- 
ings shall  be  assessed  at  a  uniform  rate  per  fronts  foot  of  the  quarter 
blocks  and  irregular  blocks  adjoining  and  cornering  upon  the  crossings, 
and  separately  upon  the  whole  of  each  lot  or  portion  of  a  lot  having 
any  frontage  in  the  said  blocks  fronting  on  said  main  streets,  halfway 
to  the  next  main  street  crossing,  or  to  the  end  of  such  street  if  it 
does  not  meet  another,  and  all  the  way  on  said  blocks  to  a  boundary 
line  of  the  city  where  no  such  crossing  intervenes,  but  only  according  to 
its  frontage  in  said  quarter  blocks  and  irregular  blocks. 

When  street  terminates  in  main  street. 

Subdivision  3.  Where  a  main  street  terminates  in  another  main 
street,  the  expenses  of  the  work  done  on  one-half  of  the  width  of  the 
street  opposite  the  termination  shall  be  assessed  upon  the  lots  in  each 
■of  the  two  quarter  blocks  adjoining  and  cornering  on  that  side,  accord- 
ing to  the  frontage  of  such  lots  on  said  main  streets,  and  the  expense 
of  the  work  on  the  other  half  of  the  width  of  said  street  when  the 
work  is  sewering  of  the  terminating  street  only,  shall  be  assessed 
upon  the  lots  fronting  on  the  termination  and  the  lots  adjacent  to  said 
lots  on  each  side  halfway  from  the  termination  to  the  next  terminat- 
ing or  intersecting  street,  according  to  the  frontage  of  such  lots  on 
that  side,  and  in  all  other  work  done  on  the  termination,  the  property 
fronting  on  the  termination  shall  be  considered  frontage  and  be  assessed 
as  set  forth  in  subdivision  1  of  this  section. 

Alley  and  main  street  crossings. 

Subdivision  4.  Where  any  alley  or  subdivision  street  crosses  a  main 
street,  the  expense  of  all  w"ork  done  on  said  crossing  shall  be  assessed 
on  all  lots  or  portions  of  lots  halfway  on  said  alley  or  subdivision 
street  to  the  next  crossing  or  intersection,  or  to  the  end  of  such  alley 
or  subdivision  street,  if  it  does  not  meet  another. 

Alley  and  subdivision  crossings. 

Subdivision  5.  The  expense  of  vrork  done  on  alley  or  subdivision 
street  crossings  shall  be  assessed  upon  the  lots  fronting  upon  such  alley 


Act  3937,  §  20  general  laws.  2044 

or  subdivision  streets  on  each  side  thereof,  in  all  directions,  halfway 
to  the  next  street,  place  or  court,  on  either  side,  respectivelv,  or  to  the 
end  of  such  alley  or  subdivision  street,  if  it  does  not  meet  another. 

When  alley  terminates  in  street. 

.Subdivision  <>.  Where  a  subdivision  street,  avenue,  lane,  alley,  place 
or  i-ourt  terminates  in  another  street,  avenue,  lane,  alley,  place  or 
court,  the  expense  of  the  work  done  on  one-half  of  the  width  of  the 
sulidivision  street,  avenue,  lane,  alley,  place  or  court  opposite  the  ter- 
mination, shall  be  assessed  upon  the  lot  or  lots  fronting  on  such  sub- 
division street,  avenue,  lane,  alley,  place  or  court  so  termiinating,  ac- 
cording to  its  frontage  thereon,  halfway,  on  each  side  respectively,  to 
the  next  street,  avenue,  lane,  alley,  place  or  court,  or  to  the  end  of 
such  street,  avenue,  lane,  alley,  place  or  court,  if  it  does  not  meet 
another,  and  the  expanse  of  the  work  on  the  other  half  of  the  width 
when  the  work  is  sewering  of  the  terminating  subdivision  street, 
avenue,  lane,  alley,  place  or  court,  shall  be  assessed  upon  the  lots  front- 
ing on  the  termination  and  the  lots  adjacent  to  said  lotfl  on  each  side 
halfway  from  the  termination  to  the  next  terminating  or  intersecting 
street,  accoriling  to  the  frontage  of  such  lots  on  that  side,  and  in  all 
other  work  done  on  the  termin.ation  the  property  fronting  on  the  ter- 
mination shall  be  considered  frontage  and  be  assessed  as  set  forth 
in  subdivision  1  of  this  section. 

Work  on  one  side  of  street. 

Snbdivision  7.  \\  her.'  any  work  mentioned  in  this  act  (manholes, 
sewers,  cesspools,  culvt  rts.  crosswalks,  piling  and  capping  excepted)  is 
done  on  one  .tide  of  the  cent.^r  line  of  any  street,  or  *'\vering  or  re 
sewering  is  ordered  to  be  done  under  the  sidewalk  on  only  one  side  of 
any  street  for  any  length  thereof,  the  assessment  for  the  expenses 
thereof  shall  be  made  only  upon  the  lot-s  and  lands  fronting  nearest 
upon  that  side  of  the  street  and  for  intervening  inters«»<'tion8  only 
upon  the  two  quarter  blocks  adjoining  and  cornering  upon  that  side. 

Land  belonging  to  United  States  or  to  state. 

Subdivision  8.  NVhenover  any  lot,  piece  or  parcel  of  land  belonging 
to  the  Ignited  States,  or  to  the  state  of  California,  or  any  lot,  piece  or 
parcel  of  land  belonging  to  any  county,  city,  public  agent,  mandatory 
of  the  government,  school  board,  educational,  penal  or  reform  insti- 
tution, or  institution  for  the  feeble-minded  or  the  insane,  and  being  in 
use  in  the  performance  of  any  public  function,  shall  front  upon  the  pro- 
posed work  or  improvement,  or  be  included  within  the  district  declared 
by  the  city  council  in  its  resolution  of  intention  to  be  the  district  to 
be  assessed  to  pay  the  costs  and  exju^nses  thereof,  said  city  council 
may,  in  the  resolution  of  intention.  de>lare  that  said  lots,  pieces  or 
parcels  of  land,  or  any  of  them,  shall  be  omitted  from  the  assessment 
thereafter  to  be  made  to  cover  the  costs  anil  expenses  of  said  work  or 
improvement.     In  the  event   that   said  lots,  pieces  or  parcels  of  land,  or 


2045  STREETS.  Act  3937,  §  20 

any  of  them,  shall  by  said  resolution  be  omitted  from  the  assessment, 
then  the  total  expense  of  all  work  done  shall  be  assessed  on  the  remain- 
ing  lots  fronting  on  the  work  or  improvement,  or  lying  within  the  limits 
of  the  assessment  district,  without  regard  to  such  omitted  lots,  pieces 
or  parcels  of  land.  In  the  event  that  the  council  shall,  in  such  resolu- 
tion of  intention,  declare  that  said  lots,  pieces  or  parcels  of  land  so 
owned  as  aforesaid,  or  any  of  them,  shall  be  included  in  the  assess- 
ment, or  in  the  event  that  no  declaration  is  made  respecting  such  lots, 
pieces  or  parcels  of  land,  or  any  of  them,  then  said  city  shall  be  liable 
for  such  sum  or  sums  as  may  thereafter  be  assessed  against  any  such 
lots,  pieces  or  parcels  of  land  so  owned  and  used,  and  so  included  in 
the  assessment  by  reason  of  the  aforesaid  declaration,  or  such  lots, 
pieces  or  parcels  of  land  so  owned  and  used  respecting  which  the 
resolution  of  intention  makes  no  declaration,  which  shall  be  payable 
by  the  said  city  out  of  the  general  fund  unless  the  legislative  body  shall 
in  its  resolution  of  intention  designate  another  fund. 

Owners  may  improve  street.     Owner  entitled,  to  credit. 

Subdivision  9.  It  shall  be  lawful  for  the  owner  or  owners  of  lots 
or  lands  fronting  upon  any  street,  the  width  and  grade  of  which  have 
been  established  by  the  city  eouneil,  to  perform,  at  his  or  their  own 
expense  (after  obtaining  permission  from  the  council  so  to  do,  but 
before  said  council  has  passed  its  resolution  of  intention  to  order  grad- 
ing inclusive  of  this),  any  grading  upon  said  street,  to  its  full  width, 
or  to  the  center  line  thereof,  and  to  its  grade  as  then  established,  and 
thereupon  to  procure,  at  his  or  their  own  expense,  a  certificate  from 
the  city  engineer,  setting  forth  the  number  of  cubic  yards  of  cutting 
and  filling  made  by  him  or  them  in  said  grading,  and  the  proportions 
performed  by  each  owner,  and  that  the  same  is  done  to  the  established 
width  and  grade  of  said  street,  or  to  the  center  line  thereof,  and  there- 
after to  file  said  certificate  with  the  superintendent  of  streets,  which 
certificate  the  superintendent  shall  record  in  a  book  kept  for  that  pur- 
pose in  his  office,  properly  indexed.  Whenever  thereafter  the  city 
council  orders  the  grading  of  said  street,  or  any  portion  thereof,  on 
which  any  grading  certified  as  aforesaid  has  been  done,  the  bids  and 
contracts  "must  express  the  price  by  the  cubic  yard  for  cutting  and  fill- 
ing in  grading;  and  the  said  owner  or  owners  and  his  or  their  suc- 
cessors in  interest,  shall  be  entitled  to  credit,  on  the  assessment  upon 
his  or  their  lots  and  lands  fronting  on  said  streets  for  the  grading 
thereof,  to  the  amount  of  the  cubic  yards  of  cutting  and  filling  set  forth 
in  his  or  their  certificate,  at  the  prices  named  in  the  contract  for  said 
cutting  and  filling;  or.  if  the  grade  meanwhile  has  been  duly  altered, 
only  for  so  much  of  said  certified  work  as  would  be  required  for  grad- 
ing to  the  altered  grade;  provided,  however,  that  such  owner  or  owners 
shall  not  be  entitled  to  such  credit  as  may  be  in  excess  of  the  assess- 
ments for  grading  upon  the  lots  and  lands  owned  by  him  or  them,  and 
proportionately  assessed  for  the  whole  of  said  grading;  and  the  superin- 
tendent of  streets  shall  include  in  the  assessment  for  the  whole  of  said 


Act  3937,  §  20  general  laws.  2046 

grading  upon  the  same  grade  the  number  of  cubic  yards  of  cutting  and 
filling  set  forth  in  any  and  all  certificates  so  recorded  in  his  office,  or 
for  the  whole  of  said  grading  to  the  duly  altered  grade  so  much  of 
said  certified  work  as  would  be  required  for  grading  thereto,  and  sh.ill 
enter  corresponding  credits,  deducting  the  fame  as  payments  npon  the 
amounts  asHesKcd  against  the  lots  and  lands  owned,  respectively,  by 
said  certified  owners  and  their  successors  in  interest;  provided,  how- 
ever, that  he  shall  not  so  include  any  grading  quantities  or  credit  any 
sums  in  excess  of  the  proportionate  assessments  for  the  whole  of  the 
grading  which  are  made  upon  any  lots  and  lands  fronting  npon  said 
street  and  belonging  to  any  such  certified  owners  or  their  successors  in 
interest.  Whenever  any  owner  or  owners  of  any  lots  and  lands  front- 
ing on  any  street  shall  have  heretofore  done,  or  shall  hereafter  do  any 
work,  (except  grading)  on  such  street,  in  front  of  any  block,  at  his  or 
their  own  cxjtense,  and  the  city  council  shall  subsequently  order  any 
work  to  be  done  of  the  same  class  in  front  of  the  same  block,  said 
work  so  done  at  the  expense  of  such  owner  or  owners  shall  be  excepted 
from  the  order  ordering  work  to  be  done;  provided,  that  the  work  so 
done  at  the  expense  of  such  owner  or  owners,  shall  bo  upon  the  oflSiial 
grade,  and  in  condition  satisfactory  to  the  street  superioteDdent  at  tbo 
time  said  order  is  passed. 

Diagram  of  property  affected.     Asseseraent. 

•Sulxlivisiiin  In.  Whenever  the  resdlution  of  intention  declares  that 
the  cost  and  expenses  of  the  work  and  improvement  are  to  be  assessed 
upon  a  district,  the  city  engineer  shall  make  a  diagram  of  the  property 
affected  or  benefited  by  the  proposed  work  or  improvement,  a«  described 
in  resolution  of  intention,  and  to  be  assessed  to  pay  the  expenses 
thereof.  Such  diagram  shall  5how  each  separate  lot.  piece  or  parcel 
of  land,  the  area  in  square  feet  of  each  of  such  lots,  pieces  or  parcels 
of  land,  and  the  relative  location  of  the  same  to  the  work  proposed  to 
be  (lone,  all  within  the  limits  of  the"  assessment  district;  and  when 
said  diagram  shall  have  been  approved  by  the  city  council,  the  clerk 
shall  certify  the  fact  and  date  thereof.  Immedialely  thereafter  the 
said  diagram  shall  be  delivereil  to  the  superintendent  of  streets  of  said 
city,  who  shall,  after  the  contractor  of  any  street  work  has  fnlfilled 
his  contract  to  the  satisfaction  of  said  superintendent  of  streets  or  city 
council  on  appeal,  proceed  to  estimate  upon  the  lands,  lots  or  portions 
of  lots  within  said  assessment  district,  as  shown  by  said  diagram,  the 
benefits  arising  from  such  work,  and  to  be  received  by  each  such  lot, 
portion  of  such  lot,  piece  or  subdivision  of  land,  and  shall  thereupon 
assess  upon  and  against  said  lands  in  said  assessment  district  the  total 
amount  of  the  costs  and  expenses  of  such  work,  and  in  so  doing  shall 
assess  said  total  sum  upon  the  several  pieces,  parcels,  lots  or  portions 
of  lots,  and  subdivisions  of  land  in  said  assessment  district  benefited 
thereby,  to  wit:  Upon  each  respectively,  in  proportion  to  the  estimated 
benefits  to  be  received  by  each  of  said  several  lots,  portions  of  lots, 
or  subdivisions   of  land.     In   other   respects   the   assessment   shall   be   as 


2047  STREETS.        Act  3937,  §§  21, 22 

provided  in  the  next  section,  and  the  provisions  of  subdivisions  1,  2,  3, 
4,  5,  6  and  7  of  tiiis  section  shall  not  be  applicable  to  the  work  or 
improvement   provided   for   in   this  subdivision. 

Railroad  property. 

Siil)(li\'ision  11.  The  terms,  lot,  lots,  lands,  piece  or  parcel  of  land 
wherever  mentioned  in  this  act  shall  be  deemed  to  include  and  shall 
include  property  owned  or  controlled  by  any  person,  firm  or  corporation 
as  a  railroad,  street  or  intenirban  railroad  right  of  way,  and  whenever 
a  railroad,  street  or  intenirban  railroad  right  of  way  shall  front  on  or 
abut  or  parallel  or  be  included  with  or  divide  longitudinally  any  street 
improved  under  the  provisions  of  this  act  or  shall  be  included  within 
any  district  to  be  assessed  for  the  cost  of  any  improvement  provided 
in  this  act,  such  railroad  right  of  way  (whether  the  same  is  owned  in 
fee  or  as  an  easement)  shall  be  included  in  the  warrant,  assessment  and 
diagram  and  shall  be  assessed  in  the  manner  and  with  the  same  effect 
as  other  lots,  lands  or  pieces  or  parcels  of  land  are  assessed  as  provided 
in  this  act,  and  such  railroad,  street  or  interurban  railroad  right  of  way 
shall  be  subject  to  sale  for  nonpayment  of  assessments  as  in  this  act 
provided,      [.\mendment  approved  April  25,   1913;  Stats.   1913,  p.   79.] 

Making  the  assessment. 

§  21.  After  the  contractor  of  any  street  work  has  fulfilled  his  con- 
tract to  the  satisfaction  of  the  street  superintendent  of  said  city,  or 
city  council  on  appeal,  the  street  superintendent  shall  make  an  assess- 
ment to  cover  the  sum  due  for  the  work  performed  and  specified  in  said 
contract  (including  all  incidental  expenses),  in  conformity  with  the  pro- 
visions of  the  preceding  section  according  to  the  character  of  the  work 
done;  or,  if  any  direction  and  decision  be  given  by  said  council  on  ap- 
peal, then  in  conformity  with  such  direction  and  decision,  which  assess- 
ment shall  briefly  refer  to  the  contract,  the  work  contracted  for  and 
performed,  and  shall  show  the  amount  to  be  paid  therefor,  together  with 
all  incidental  expenses,  the  rate  per  front  foot  assessed,  if  the  assess- 
ment be  made  per  front  foot,  the  amount  of  each  assessment,  the  name 
of  the  owner  of  each  lot,  or  portions  of  a  lot  (if  known  to  the  street 
superintendent);  if  unknown  the  word  "Unknown"  shall  be  written 
opposite  the  number  of  the  lot,  and  the  amount  assessed  thereon,  the 
number  of  each  lot  or  portion  or  portions  of  a  lot  assessed,  and  shall 
have  attached  thereto  a  diagram  exhibiting  each  street  or  street  cross- 
ing, lane,  alley,  place  or  court,  on  which  any  work  has  been  done,  and 
showing  the  relative  location  of  each  district,  lot,  or  portion  of  lot  to 
the  work  done,  numbered  to  correspond  with  the  numbers  in  the  assess- 
ments, and  showing  the  number  of  feet  fronting,  or  number  of  lots 
assessed,  for  said  work  contracted  for  and  performed. 

Warrant. 

§  22.  To  said  assessment  shall  be  attached  a  warrant,  which  shall  be 
signed  by  the  superintendent  of  streets,  and  countersigned  by  the  mayor 


Act  3937,  §§  23, 24  general  laws.  2018 

of  said  city.  The  said  warrant  shall  be  substantially  in  the  following 
form: 

Form  of  Warrant. 

By   virtue   hereof,  I    (name   of   the   superintendent   of  streeto),   of   the 

city   of  ,   county   of  (or   city   and    county  of  ),   and   state 

of  California,  by  virtue  of  the  authority  veated  in  me  as  said  super- 
intendent of  streets,  do  authorize  and  empower  (name  of  contractor) 
(his  or  their)  agents  or  assigns,  to  demand  and  receive,  the  several 
assessments  upon  the  assessment  and  diagram  hereto  attached  and  this 
sliuli  be   (his  or  their)   warrant  for  the  same. 

(Date)   

(Name    of   superintendent    of   streets.) 
Countersigned   by   (name   of   mayor.) 

Recording  warrant,  etc. 

§  23.  S.iid  warrant,  and  assessment,  together  with  the  certificate,  if 
any,  of  the  city  engineer  of  the  quantity  and  character  of  the  work 
done,  shall  bo  recorded  in  the  ofiice  of  said  superintendent  of  streets, 
the  diagram  shall  there  be  filed.  When  so  recorded  the  several  amounts 
assessed  shall  be  a  lien  upon  the  lands,  lots,  or  portions  of  lotA  asaessed, 
respectively,  for  the  period  of  two  years  from  the  date  of  said  record- 
ing, unless  sooner  discharged;  and  from  and  after  the  date  of  said 
recording  of  any  warrant,  assessment  and  certificate,  all  persons  shall 
be  deemed  to  have  notii-e  of  the  contents  of  the  record  thereof.  After 
said  warrant,  assessment,  and  certificate  are  recorded,  the  same  shall 
be  delivered  to  the  contractor,  or  his  agent,  or  assigns,  on  demand,  but 
not  until  after  the  j>ayment  to  the  said  superintendent  of  streets  of  the 
incidental  ex|>euses  not  previously  paid  by  the  contractor,  or  hi*  assigns; 
and  by  virtue  of  said  warrant  said  contraetor,  or  his  agent  or  assigns, 
shall  bo  authorized  to  demand  and  receive  the  amount  of  the  several 
assessments  made  to  cover  the  sum  duo  for  the  work  specified  in  such 
contr.icts  and  as.sessments. 

Demanding  payment. 

§  24.  The  contractor  or  his  assigns,  or  some  person  in  his  or  their 
behalf,  shall  call  upon  the  persons  assessed,  or  their  agents,  if  they  can 
conveniently  be  found,  and  demand  payment  of  the  amount  assessed  to 
each.  If  any  payment  be  made,  the  contractor,  his  assigns,  or  some  per- 
son in  his  or  their  behalf,  shall  receipt  the  sjime  upon  the  assessment 
in  presence  of  the  person  making  such  payment,  and  shall  also  give  a 
separate  receipt  if  demanded.  Whenever  the  person  so  assessed,  or  their 
agents  cannot  conveniently  be  found,  or  whenever  the  name  of  the 
owner  of  the  lot  is  .stated  as  '"Unknown"  on  the  assessment,  then  the 
said  contractor,  or  his  assigns,  or  some  person  in  his  or  their  behalf, 
shall  pubLiily  demand  payment   on  the  premises  assessed. 


2049  STREETS.  Act  3937,  §§25, 2G 

Contractor's  return. 

§  25.  Tho  warrant  shall  be  returned  to  the  superintendent  of  streets 
■within  thirty  days  after  its  date,  with  a  return  indorsed  thereon,  signed 
by  the  contractor,  or  his  assigns,  or  some  person  in  his  or  their  behalf, 
verified  upon  oath,  stating  the  nature  and  character  of  the  demand,  and 
whether  any  of  the  assessments  remain  unpaid,  in  whole  or  in  part,  and 
the  amount  thereof.  Thereupon  the  superintendent  of  streets  shall  re- 
cord the  return  S'O  made,  in  the  margin  of  the  record  of  the  warrant  and 
assessment,  and  also  the  original  contract  referred  to  therein,  if  it  has 
not  already  lieon  recorded  at  full  length  in  a  book  to  be  kept  for  that 
purpose  in  his  otlice,  and  shall  sign  the  record.  The  said  superintendent 
of  streets  is  authorized  at  any  time  to  receive  the  amount  due  upon  any 
assessment  list  and  warrant  issued  by  him,  and  give  a  good  and  suificient 
discharge  therefor;  provided,  that  no  such  payment  so  made  after  suit 
has  been  commenced,  without  the  consent  of  the  plaintiff  in  the  action, 
shall  operate  as  a  complete  discharge  of  the  lien  until  the  costs  in  the 
action  shall  be  refunded  to  the  plaintiff;  and  he  may  release  any  assess- 
ment upon  the  books  of  his  office,  on  the  payment  to  him  of  the  amount 
of  the  assessment  against  any  lot  with  interest,  or  on  the  production 
to  him  of  the  receipt  of  the  party  or  his  assigns  to  whom  the  assessment 
and  warrant  were  issued;  and  if  any  contractor  shall  fail  to  return  his 
warrant  within  the  time  and  in  the  form  provided  in  this  section,  he 
shall  thenceforth  have  no  lien  upon  the  property  assessed;  provided,  how- 
ever, that  in  case  any  warrant  is  lost,  upon  proof  of  such  loss  a  dupli- 
cate can  be  issued,  upon  which  a  return  may  be  made,  with  the  same 
effect  as  if  the  original  had  been  so  returned.  After  the  return  of  the 
assessment  and  warrant  as  aforesaid,  all  amounts  remaining  due  thereon 
shall  draw  interest  at  the  rate  of  ten  per  cent  per  annum  until  paid, 
said  interest  to  be  computed  from  the  date  of  the  recording  of  the 
return. 

Final  objections. 

§  26.  The  owners,  whether  named  in  the  assessment  or  not,  the  con- 
tractor, or  his  assigns,  and  all  other  persons  directly  interested  in  any 
work  done  under  this  act,  or  in  the  assessment,  feeling  aggrieved  by  any 
act  or  determination  of  the  superintendent  of  streets  in  relation  thereto, 
or  who  claim  that  the  work  has  not  been  performed  according  to  the 
contract  in  a  good  and  substantial  manner,  or  having  or  making  any 
objection  to  the  correctness  or  legality  of  the  assessment  or  other  act, 
determination,  or  proceedings  of  the  superintendent  of  streets,  shall, 
within  thirty  days  after  the  date  of  the  warrant,  appeal  to  the  city 
council,  as  provided  in  this  section,  by  briefly  stating  their  objections 
in  writing,  and  filing  the  same  with  the  clerk  of  said  city  council. 
Notice  of  the  time  and  place  of  the  hearing,  as  fixed  by  the  council, 
briefly  referring  to  the  work  contracted  to  be  done,  or  other  subject  of 
appeal,  and  to  the  acts,  determinations,  or  proceedings  objected  to  or  com- 
plained of,  shall  be  posted  conspicuously  by  the  clerk,  on  or  near  the 
129 


Act  3937,  §  27  -general  laws.  2050 

chamber  door  of  the  council  chambers,  for  five  "laj-g.  Upon  sncli  appeal, 
the  said  city  council  may  remedy  and  correct  any  error  or  informality  in 
the  proccedinfTs,  and  revise  and  correct  any  of  the  acts  or  determinations 
of  the  superintendent  of  streets  relative  to  said  work;  may  confirm, 
amend,  set  aside,  alter,  modify  or  correct  the  assessment  in  such  manner 
as  to  tliem  bhall  seem  just,  and  require  the  work  to  be  completed  accord- 
inf(  to  the  directions  of  the  city  council;  and  may  instruct  and  direct 
the  sujierintcndent  of  streets  to  correct  the  warrant,  assessment,  or  dia- 
gram in  any  particul.ir,  or  to  make  and  issue  a  new  warrant,  assessment, 
ami  diagjain,  to  conform  to  the  de<  isions  of  said  city  council  in  relation 
thereto,  at  tlieir  of>tinn.  All  the  decisions  and  determinations  of  said 
city  council,  upon  notice  and  hearing  as  afore.naid.  shall  be  final  and 
coiuhisi\e  upon  all  persons  entitled  to  appeal  under  the  provisions  of  this 
section,  as  to  all  errors,  informalities,  and  irregularities  which  said  city 
council  might  have  avoidcfl,  or  have  remedied,  during  the  progress  of  the 
proceedings,  or  which  it  can  at  that  time  remedy.  No  assessment,  war- 
rant, diagram  or  affidavit  of  demand  and  nonpayment,  after  the  issue  of 
the  same,  ami  no  proceedings  prior  to  the  assessment,  shall  be  held  in- 
valid by  any  court  for  any  error,  informality,  or  other  defect  in  the 
same,  where  the  resolution  of  intention  of  the  council  to  do  the  work, 
has  been  actually  published  as  herein  provided,  and  said  notices  of  im- 
provement have  been  posted  along  the  line  of  the  work,  as  provided  in 
section  5  of  this  act,  before  the  passage  of  the  resolution  ordering  the 
work  to  be  done. 

Contractor's  suit. 

§  27.  At  any  time  after  the  period  of  thirty-five  days  from  the  day 
of  the  flate  of  the  warrants,  as  herein  provided,  or  if  an  appeal  is  taken 
to  the  city  council,  as  provided  in  section  26  of  this  act,  at  any  time 
after  five  days  from  the  decision  of  said  council,  or  after  the  return 
of  the  warrant  or  assessment,*  after  the  same  may  have  been  corrected, 
altered,  or  modified,  as  provided  in  said  section  26  (but  not  less  than 
thirty-five  days  from  the  date  of  the  warrant),  the  contractor  or  his 
assignee  may  sue,  in  his  own  name,  the  owner  of  the  land.  lots,  or  por- 
tions of  lots,  assessed  on  the  day  of  the  date  of  the  recording  of  the 
warrant,  assessment,  and  diagram,  or  any  day  thereafter  during  the 
continuance  of  the  lien  of  said  assessment,  and  recover  the  amount  of 
anv  assessment  remaining  unpaid,  with  interest  thereon  at  the  rate  of 
ten  per  cent  i>er  annum  until  paid.  And  in  all  cases  of  recovery  under 
the  provisions  of  this  act,  where  personal  demand  has  been  made  ujion 
the  owner  or  his  agent  but  not  otherwise,  the  plaintiff  shall  recover  such 
sum  as  the  court  may  fix,  in  addition  to  the  taxable  cost  as  attorney's 
fees,  but  not  any  percentage  upon  said  recovery.  And  when  suit  has 
been  brought,  after  a  personal  demand  has  been  made  and  a  refusal  to 
pay  such  assessment  so  demanded,  the  plaintiff  shall  be  entitled  to  have 
and  recover  the  sum  of  fifteen  dollars  as  attorney's  fees,  in  addition  to 
all    taxable    costs,    notwithstanding   that    the    suit    may    be    settled    or    a 


2051  STREETS.        Act  3937,  §§  28, 29 

tender  may  be  made  before  a  recovery  in  said  action,  and  he  may  have 
judgment  therefor.  Suit  may  be  brought  in  the  superior  court  within 
whose  jurisdiction  the  city  is  in  which  said  work  has  been  done,  and  in 
case  any  of  the  assessments  are  made  against  lots,  portions  of  lots,  or 
lands,  the  owners  thereof  cannot,  with  due  diligence,  be  found,  the  ser- 
vice of  each  of  said  actions  may  be  had  in  such  manner  as  is  prescribed 
in  the  codes  and  laws  of  this  state.  It  shall  be  competent  to  bring  a 
single  action  umler  any.  such  assessment  irrespective  of  the  number  of 
lots  assessed  where  the  parties  defendant  are  identical,  and  where  sep- 
arate actions  are  brouglit,  the  same  may  be  consolidated  by  order  of  the 
court.  The  said  warrant,  assessment,  certificate  and  diagram,  with  the 
attidavit  of  demnnd  and  nonpayment,  shall  be  held  prima  facie  evidence 
of  the  regularity  and  correctness  of  the  a.ssessment  and  of  the  prior  pro- 
ceedings and  acts  of  the  superintendent  of  streets  and  city  council  upon 
which  said  warrant,  assessment,  and  diagram  are  based,  and  like  evi- 
dence of  the   right   of  the  plaintiflF  to  recover   in   the   action. 

New  assessment  permitted. 

§  28.  Whenever,  in  any  suit,  the  lien  of  an  assessment  or  reassess- 
ment, or  of  a  bond  issued  for  the  cost  of  such  work,  shall  be  held  invalid 
for  any  cause  arising  subsequent  to  the  publication  and  posting  of  the 
resolution  of  intention  and  the  posting  of  the  notices  of  improvement 
along  the  line  of  work,  or  because  the  work  or  any  part  thereof  is  not 
sufficiently  described  in  the  resolution  of  intention,  the  contractor  or  his 
assigns,  or  the  holder  of  such  bond,  shall  have  the  right,  within  sixty 
days  thereafter,  to  apply  for  and  receive  a  new  assessment  for  the  cost 
of  the  work  done  and  sufficiently  described  in  the  resolution  of  intention, 
or  specifications  on  file,  such  cost  to  be  assessed  upon  the  property  and 
in  the  same  manner  as  provided  in  sections  20  and  21  of  this  act;  and 
the  street  superintendent  shall,  within  twenty  days  after  such  applica- 
tion, make  and  deliver  to  said  applicant  a  new  assessment,  warrant  and 
diagram  in  accordance  with  the  law  governing  the  issuance  of  originals 
of  such  documents,  and  the  mayor  shall  in  like  manner  countersign  the 
said  warrant,  which  reassessment  shall  be  a  lien  on  the  property  so 
assessed  for  two  years  from  the  date  of  the  recording  of  said  reassess- 
m'ent  and  warrant  and  be  enforced  in  the  same  manner  as  an  original 
assessment  would  be  enforced.  If  an  appeal  be  taken  from  the  judgment 
in  which  such  an  assessment  is  held  invalid,  the  time  herein  provided 
for  making  application  for  a  new  assessment  shall  not  begin  until  such 
case    be    in    some    manner    finally    disposed    of. 

Selling  premises  on  execution. 

§  29.  The  court  in  which  said  suit  shall  be  commenced  shall  have 
power  to  adjudge  and  decree  a  lien  against  the  premises  assessed,  and  to 
order  such  premises  to  be  sold  on  execution,  as  in  other  cases  of  the  sale 
of  real  estate  by  the  process  of  said  courts;  and  on  appeal,  the  appellate 
courts  shall  be  vested  with  the  same  power  to  adjudge  and  decree  a  lien 


Act  3937,  §§  30, 31  general  laws.  2052 

and  to  order  such  premises  to  be  sold  on  execution  or  decree  as  is  con- 
ferred on  the  court  from  which  an  appeal  is  taken.  Such  premises,  if 
sold,  may  be  redeemed  as  in  other  cases.  In  all  suits  now  pending  or 
hereafter  brought  uD<ier  this  act  to  recover  street  assessments,  the  pro- 
ceedings therein  shall  be  governed  and  regulated  by  the  provisions  of 
this  act,  and  also,  when  not  in  conflict  herewith,  by  the  codes  of  this 
state. 

Partial  assessment. 

§  30,  The  city  council,  instead  of  waiting  until  the  completion  of  ti  • 
ini|>roven)ent,  may,  in  its  tliscretion,  and  not  otherwise,  upon  the  coir 
piction  of  two  blocks  or  more  of  any  improvement,  order  the  strr.  • 
snperintendent  to  make  an  assessment  for  the  proportionate  amount  '■: 
the  contract  comjdeted.  and  thereupon  proceedings  and  rights  of  col 
lection  of  such  proportionate  amount  shall  be  had  as  provided  in  the 
preceding  sections. 

Repairs. 

§  31.  When  any  portion  of  any  improved  street,  avenue,  lane,  alley, 
court,  or  place  in  said  city,  or  any  sidewalk  constructed  thereon  shall  be 
out  of  repair,  or  pending  reconstruction,  and  in  condition  to  en<langer 
persons  or  property  passing  thereon,  or  in  condition  to  interfere  with 
the  public  convenience  in  the  use  thereof,  it  shall  be  the  duty  of  said 
superintendent  of  streets  to  re<juire,  by  notice  in  writing,  to  be  delivered 
to  them  or  to  their  agents  personally,  or  left  on  the  premises,  the  owners 
or  occupants  of  lots  or  portions  of  lots  fronting  on  paid  portion  of  said 
stroot,  avenue,  alley,  lane,  court,  or  place,  or  said  portion  of  said  side- 
walks so  out  of  re|iair  or  needing  reconstruction  as  aforesaid,  to  repair 
or  reconstruct,  or  to  do  both,  forthwith,  said  portion  of  said  street, 
avenue,  lane,  alley,  court,  or  place,  to  the  center  line  of  said  street  in 
front  of  the  property  of  which  he  is  the  owner,  or  tenant,  or  occupant; 
and  said  superintendent  of  streets  shall  particularly  specify  in  said 
notice  what  work  is  required  to  be  done,  and  how  the  same  is  to  be  done, 
and  what  material  shall  be  used  in  said  repairs,  or  reconstructions,  or 
both.  If  said  repairs,  or  reconstr\ictions.  or  both,  be  not  commenced 
within  three  days  after  notice  given  as  aforesaid,  and  diligently  and 
without  interruption  jirosecuted  to  completion,  the  said  superintendent  of 
streets  niav,  under  authority  from  said  city  council,  make  such  repairs, 
reconstructions,  or  both,  or  enter  into  a  contract  with  any  suitable  per- 
son, at  the  expense  of  the  owner,  tenant,  or  occupant,  after  the  spocinca- 
tion  for  the  doing  of  said  work  shall  hare  been  conspicuously  posted  by 
him  in  his  office  for  two  days,  inviting  bids  for  the  doing  of  said  work, 
which  bids  shall  be  delivered  to  him  at  his  office  on  or  before  the  second 
day  of  sail!  posting,  and  ojiened  by  him  on  the  next  day  following  the 
expiration  of  said  two  days  of  posting,  and  the  contract  bv  him  be 
awarded  to  the  lowest  bidder,  if  such  lowest  bid,  in  the  .iudgment  of  said 
street  superintendent,  shall  be  reii>>"iiihlc      All  of  sai.l  bids  shall  be  pre- 


-'053  STREETS.  Act  3937,  §§  32-34 

scived  in  his  office  and  open  at  all  times  after  the  letting  of  the  contract 
to  the  inspection  of  all  persons,  and  such  owner,  tenant,  or  occupant  shall 
ho  liable  to  pay  said  contract  price.  Such  work  shall  be  commenced 
within  twenty-four  hours  after  the  contract  shall  have  been  signed,  and 
completed  without  delay  to  the  satisfaction  of  said  street  superintendent. 
Upon  the  comjiletion  of  said  repairs,  or  reconstruction,  or  both,  by  said 
contractors  as  aforesaid,  to  the  satisfaction  of  said  superintendent  of 
streets,  said  superintendent  of  streets  shall  make  and  deliver  to  said 
contractor  a  certificate  to  the  effect  that  said  repairs,  or  reconstruction, 
or  both,  have  been  properly  made  by  said  contractor  to  the  grade,  and 
that  the  charges  for  the  same  are  reasonable  and  just,  and  that  he,  said 
superintendent,  has  accepted  the  same. 

Suit  for  repairs. 

§  32.  If  the  expenses  of  the  work  and  material  for  such  improvement, 
after  the  completion  thereof,  and  the  delivery  to  said  contractor  of  said 
certificate,  be  not  paid  to  the  contractor  so  employed,  or  his  agent  or 
assignee,  on  demand,  the  said  contractor,  or  his  assignee,  shall  have  the 
right  to  sue  such  owner,  tenant,  or  occupant,  for  the  amount  contracted 
to  be  paid;  and  saitl  certificate  of  the  superintendent  of  streets  shall  be 
prima  facie  evidence  of  the  amount  claimed  for  said  work  and  materials, 
and  of  the  right  of  the  contractor  to  recover  for  the  same  in  such  action. 
Said  certificate  shall  be  recorded  by  the  said  superintendent  of  streets 
in  a  book  kept  by  him  in  his  office  for  that  purpose,  properly  indexed, 
and  the  sum  contracted  to  be  paid  shall  be  a  lien,  the  same  as  provided 
in  section  23  of  this  act,  and  may  be  enforced  in  the  same  manner. 

Additional  penalty  for  neglect. 

§  33.  In  addition,  and  as  cumulative  to  the  remedies  above  given,  the 
city  council  shall  have  power,  by  resolution  or  ordinance,  to  prescribe 
the  penalties  that  shall  be  incurred  by  any  owner  or  person  liable,  or 
neglecting,  or  refusing  to  make  repairs  when  required,  as  provided  in 
section  31  of  this  act,  which  fines  and  penalties  shall  be  recovered  for 
the  use  of  the  city  by  prosecution  in  the  name  of  the  people  of  the 
state  of  California  in  the  court  having  jurisdiction  thereof,  and  may 
be  applied,  if  deemed  expedient  by  the  said  council,  in  the  payment 
of  the  expenses  of  any  such  repairs  not  otherwise  provided  for. 

Tenant  may  pay  assessment, 

§  34.  Any  tenant  or  lessee  of  the  lands  or  lots  liable  may  pay  the 
amount  assessed  against  the  property  of  which  he  is  the  tenant  or  lessee 
under  the  provisions  of  this  act,  or  he  may  pay  the  price  agreed  on  to 
be  paid  under  the  provisions  of  section  30  of  this  act,  either  before  or 
after  suit  brought,  together  with  costs,  to  the  contractor,  or  his  assigns, 
or  he  mav  redeem  the  property,  if  sold  on  execution  or  decree  for  the 
benefit  of  the  owner,  within  the  time  prescribed  by  law,  and  deduct  the 
amount  so  paid  from  the  rents  due  and  to  become  due  from  him,  and  for 
any  sums  so  paid  beyond  the  rents  due  from  him,  he  shall  have  a  lien 


Act  3937,  §§35,36 


GENERAL   LAWS. 


2054 


upon  and  may  retain  possession  of  the  sai*l  land  and  lots  until  the 
amount  so  paid  and  advanced  be  satisfied,  with  legal  interest,  fVom  acoru- 
inpr  rents,   or  by   payment  by   the   owner. 

Service  of  notice. 

§  35.  Notices  in  writing  whi<'h  are  required  to  be  given  by  the  snper- 
interident  of  streets,  under  the  provisions  of  this  act.  may  be  served  by 
any  person,  with  the  permission  of  the  su[>erintendent  of  streets,  and 
the  fact  of  suirli  service  shall  be  verified  by  the  oath  of  the  person 
making  it,  taken  before  the  superintendent  of  streets,  who  for  that  pur- 
[»osc,  and  for  all  other  purposes,  and  in  all  eases  where  a  verification 
is  required  under  the  provisions  of  this  act,  is  hereby  authorized  to 
admini.ster  oaths,  or  other  person  authorized  to  administer  oaths  or  suoh 
notices  may  be  delivered  by  the  superintendent  of  streets  himself,  who 
must  also  verify  the  service  thereof,  and  who  shall  keep  a  record,  of  the 
tact  of  giving  such  notices,  when  delivered  by  himself  personally,  and 
.ilso  of  the  notices  and  proof  of  service  when  delivered  by  any  other 
person. 

Accepted  streets. 

§  36,  Wliiiiever  any  street,  or  portion  of  a  ?treet,  has  been  or  shall 
hereafter  be  fully  constructed  and  substantially  paved  in  accordance 
with  specifications  adopted  by  the  council,  and  to  the  satisfaction  of  the 
sui)erinten(!ent  of  streets  and  of  the  city  council,  and  is  in  good  condi- 
tion throughout,  and  a  sewer,  gas-pipes,  and  water-pipes  are  laid  therein, 
under  such  regulations  as  the  city  council  shall  adopt,  the  same  may  be 
a<-ci'pted  by  the  city  council,  by  oidinance,  for  all  time  or  for  a  term  of 
years,  as  the  council  may  determine,  and  thereafter  the  same  shall  be 
kept  in  repair  and  improved  by  the  said  municipality  for  the  period  of 
such  acceptance;  the  exjHMise  thereof,  together  with  the  assessment  for 
street  work  done  in  front  of  city  property,  to  be  paid  out  of  a  fund  to 
he  provided  by  said  council  for  that  purpose;  provided,  that  the  city 
council  shall  not  accept  any  portion  of  the  street  less  than  the  entire 
width  of  the  roadway  (including  the  curbing),  and  one  block  in  length, 
or  one  entire  crossing;  and  provided  further,  that  the  city  council  may 
])artially  or  conditionally  accept  any  street,  or  portion  of  a  street,  with- 
out a  sewer,  or  gas-pipes,  or  water-pipes  therein,  if  the  or<linance  of  ac- 
ce]»tance  expressly  states  that  the  council  deems  such  sewer,  or  gas  pipes, 
or  water-pipes,  to  be  then  unnecessary,  but  the  lots  of  land  previously. 
or  at  any  time,  assessable  for  the  cost  of  constructing  a  sewer,  shall 
remain  and  be  assessable  for  such  cost,  and  for  the  cost  of  repairs  and 
restoration  of  the  street  damaged  in  the  said  construction,  whenever  said 
council  shall  deem  a  sewer  to  be  necessary,  and  shall  order  it  to  be  con- 
structed, the  same  as  if  no  partial  or  conditional  acceptance  had  ever 
been  made.  The  superintendent  of  streets  shall  keep  in  his  office  a  regis- 
ter of  all  streets  accepted  by  the  city  council  under  this  section,  which 
register  shall  be  indexed  for  easy  reference  thereto. 


-055  STREi-rrs.  Act  3937,  §§  37^0 

Records  of  street  superintendent. 

§  37.  The  siiiKiiiitcndent  of  streets  shall  keep  a  public  oface  in  some 
cuinenieiit  place  within  the  municii)ality,  and  such  records  as  may  be 
required  by  the  provisions  of  this  act.  The  records  so  kept  and  signed 
by  him,  shall  have  the  same  force  and  effect  as  other  public  records,  and 
copies  therefrom  duly  certified,  may  be  used  in  evidence  with  the  same 
effect  as  the  originals.  The  said  records  shall,  during  all  oflBce  hours, 
be  open  to  the  inspection  of  any  person  wishing  to  examine  them,  free 
of  charge. 

Duty  of  street  superintendent. 

§  38.  It  shall  be  the  duty  of  the  superintendent  of  streets  to  see  that 
the  laws,  onlinances,  orders,  and  regulations  relating  to  the  public  streets 
and  highways  be  fully  carried  into  execution,  and  that  the  penalties 
thereof  are  rigidly  enforced.  He  shall  keep  himself  informed  of  the  con- 
dition of  all  the  public  streets  and  highways,  and  also  of  all  public 
buildings,  parks,  lots,  and  grounds  of  said  city,  as  may  be  prescribed  by 
the  city  council.  He  shall,  before  entering  upon  the  duties  of  his  office, 
give  bonds  to  the  municipality,  with  such  sureties  and  for  such  sums  as 
may  be  required  by  the  city  council;  and  should  he  fail  to  see  the  laws, 
ordinances,  orders,  and  regulations  relative  to  the  public  streets  or  high- 
ways carried  into  execution,  after  notice  from  any  citizen  of  a  violation 
thereof,  he  and  his  sureties  shall  be  liable  upon  his  official  bond  to  any 
person  injured  in  his  person  or  property  in  consequence  of  said  official 
neglect.  He  shall  superintend  and  direct  the  cleaning  of  all  sewers,  and 
the  expense  of  the  same  shall  be  paid  out  of  the  street  or  sewer  fund  of 
said    city. 

Damages — Defective  streets. 

§  39.  If,  in  consequence  of  any  graded  street  or  public  highway  or 
sidewalk,  being  out  of  repair  and  in  condition  to  endanger  persons  or 
property  passing  thereon,  any  person,  while  carefully  using  said  street 
or  public  highway,  or  sidewalk  and  exercising  ordinary  care  to  avoid 
the  danger,  suffer  damage  to  his  person  or  property,  through  any  such 
defect  therein,  no  recourse  for  damages  thus  suffered  shall  be  had  against 
such  city;  but  if  such  defect  in  the  street  or  public  highway  shall  have 
existed  for  the  period  of  twenty-four  hours  or  more  after  written  notice 
thereof  to  the  said  superintendent  of  streets,  then  the  person  or  persons 
on  whom  the  law  may  have  imposed  the  obligations  to  repair  such  defect 
in  the  street  or  public  highway,  and  also  the  officer  or  officers  through 
whose  official  negligence  such  defect  remains  unrepaired,  shall  be  jointly 
and  severally  liable  to  the  party  injured  for  the  damage  sustained;  pro- 
vided, that  said  superintendent"  has  the  authority  to  make  said  repairs, 
under  the  direction  of  the  city  council,  at  the  expense  of  the  city. 

Partial  expense  from  treasury. 

§  40.  The  city  council  may,  in  its  discretion,  order,  by  resolution  that 
the  whole  or  any  part  of  the'^cost  and  expenses  of  any  of  the  work  men- 


Act  3937,  §§41-43  gen er.u.  laws.  2056 

tioned  in  this  act  be  paid  out  of  the  treasury  of  tbe  municipality  from 
such  fund  as  the  rounril  may  designate,  in  which  cape  it  shall  bo  so 
fitated  in  the  resolution  of  intention.  Whenever  a  part  of  such  cost  and 
expenses  is  so  ordered  to  be  paid,  the  superintendent  of  streets,  in  mak- 
ing up  the  assessment  heretofore  provided  for  such  cost  and  expenses, 
shall  first  deduct  from  the  whole  eost  and  expenses  such  part  thereof  as 
has  been  so  ordered  to  be  paid  out  of  the  municipal  treasury,  and  shall 
asFcss  the  remainder  of  said  costs  and  expenses  proportionately  upon 
the  lots,  parts  of  lots  and  lands  fronting  on  the  stret-ts  where  said  work 
was  done,  or  liable  to  be  assessed  for  such  work,  and  in  the  manner 
heretofore  provided. 

City  engineer. 

§  41.  The  city  engineer,  or  where  there  is  no  city  engineer,  the  county 
or  city  and  county  surveyor,  shall  be  the  proper  ofticer  to  do  the  sur- 
veying and  other  engineering  work  necessary  to  be  done  under  this  aft. 
and  to  survey  and  measure  the  work  to  be  done  under  contracts  for 
grailiiig  and  macadamizing  streets,  and  to  estimate  the  costs  and  ex- 
jKMisos  thereof;  and  every  certificate  signed  by  him  in  bis  oflicial  char- 
acter shall  be  prinm  facie  evidence  in  all  courts  in  this  state  of  the 
truth  of  its  contents.  He  shall  also  keep  a  record  of  all  surveys  made 
under  the  provisions  of  this  act,  aa  in  other  cases.  In  all  those  cities 
where  there  is  no  city  engineer,  the  city  council  thereof  is  hereby 
authorized  and  empowered  to  appoint  a  suitable  person  to  di-scharge  the 
duties  herein  laiil  down  as  those  of  city  engineer,  and  all  the  provisions 
hereof  apjilicalile  to  the  city  engineer  shall  apply  to  such  person  so 
.•i|)poiiited.  Said  city  council  is  hereby  em|>owereJ  to  fix  his  compensa- 
tion   for  such   services. 

Inspector. 

§  42.  The  sufierintendent  of  streets  shall,  when  in  his  judgment  it  is 
necessary,  ajijuiint  a  suitable  per.sun  or  persons  to  take  charge  of  and 
superinteiul  tlie  construttion  and  improvement  of  any  work  authorizt'd 
by  this  act,  whose  duty  it  shall  be  to  see  that  the  contract  made  for  the 
doing  of  said  work  is  strictly  fulfilled  in  every  respect,  and  in  case  ot 
any  departure  therefrom  to  report  the  same  to  the  superintendent  of 
streets.  Such  p)erson  shall  be  allowed  for  his  time  actually  employed 
iu  the  discharge  of  his  duties  such  compensation  as  shall  be  just,  but  not 
to  exceeil  five  dollars  per  day.  The  sum  to  which  the  party  so  employed 
shall  be  entitleil  shall  be  deemed  to  be  incidental  exp<?nees,  witliiu  the 
meaning  uf  those   words  as  defined  by  this  uut. 

P.\RT  II. 
Change  of  grade. 

§  43.  The  city  council  is  hereby  empowered  to  change  or  modify  the 
grade  of  any  pulilic  street,  lane,  alley,  place  or  court,  and  to  regrnde  or 
repave  the  same,  so  as  to  conform  to  such  modifie<l  grade,  in  the  manner 
as  hereinafter  i)rovided.     Before  any  change  of  grade  is  ordered  the  city 


2057  STREETS.        Act  3937,  §§  44, 45 

council  shall  pass  a  resolution  of  intention  to  make  such  change  or 
modification  of  giade,  and  it  shall  have  power  at  the  same  time  and  in 
the  same  resolution  to  ]>rovide  for  the  actual  cost  of  performing  the 
work  of  regrading,  repavitig,  sewering,  sidewalking,  or  curbing  of  said 
street  or  jiortion  of  street,  with  the  same  or  other  material  with  which 
it  was  foriMcily  graded,  i)aveu,  sewered,  sidewalked,  or  curbed;  and  that 
the  cost  of  the  same  shall  also  be  assessed  upon  the  same  district  which 
is  declared  ,to  be  benefited  by  such  changed  or  modified  grade.  One  or 
more  streets  or  blocks  of  streets  may  be  embraced  in  the  same  resolu- 
tion. Such  resolution  shall  be  published  twice  in  the  newspaper  in 
which  the  official  notices  of  the  city  council  are  usually  printed  and  pub- 
lished, to  be  designated  in  such  resolution  and  shall  describe  the  pro- 
posed change  or  modification  of  grade  or  regrading,  and  shall  designate 
and  cstablisli  the  district  to  be  benefited  by  such  change  or  modification 
of  grade  or  regrading,  and  to  be  assessed  for  the  cost  of  the  same.  The 
superintendent  of  streets  shall  also  cause  to  be  conspicuously  posted 
within  the  district  designated  in  the  resolution,  notice  of  the  passage  of 
said  resolution.  Said  notice  shall  be  the  same  in  all  requirements  of 
contents  and  posting  as  the  "notices  of  improvement"  provided  for  in 
section  4  of  this  act.  If  no  objection  to  said  proposed  change  or  changes, 
or  modifications  of  grade,  shall  be  filed  with  the  clerk  of  the  council 
within  thirty  days  from  the  first  publication  of  the  resolution  of  inten- 
tion hereinbefore  mentioned,  or,  if  objections  are  presented  and  after 
due  notice  and  hearing  are  overruled  by  the  council,  the  city  council 
shall  have  power  to  order  and  declare  such  grades  to  be  changed  and 
established  in  conformity  to  said  resolution,  w^hich  order  shall  be  posted 
by  the  clerk  on  the  chamber  door  of  the  council  for  five  days. 

Claiming  damages. 

§  a.  Within  thirty  days  after  the  first  posting  of  said  order,  as 
aforesaid,  any  person  owning  property  fronting  upon  said  portions  of 
the  street  or  streets  where  such  change  of  grade  is  made,  may  file  a 
petition  with  the  clerk  of  the  city  council  showing  the  fact  of  such 
ownership,  the  description  and  situation  of  the  property,  its  market 
value,  and  the  estimated  amount  of  damages  over  and  above  all  benefits 
which  the  property  would  sustain  by  the  proposed  change  if  completed. 
Such  petition  shall  be  verified  by  the  oath  of  the  petitioners  or  their 
agents. 

Commissioners. 

§  45.  Whenever  such  petition  or  petitions  have  been  filed,  the  mayor, 
engineer  or  surveyor,  and  superintendent  of  streets  of  the  city,  or  city 
and  county,  or  board  of  public  works  if  there  be  such  a  board  acting  as 
a  board  of  commissioners,  shall  assess  the  benefits,  damages,  and  costs 
of  the  proposed  change  of  grade  upon  each  separate  lot  of  land  situated 
within  such  assessment  district  showing  the  same  by  a  plat  as  said  lot 
appears  of  record  upon  the  last  city,  or  city  and  county  assessment-roll. 
The  commissioners  shall  be  sworn  to  make  the   assessments   of  benefits 


Act  3937,  §§  46-49  general  laws.  2058 

and  .lamages  to  the  bpst  of  their  judgment  and  ability,  withont  f«ar  or 
favor.  The  commissioners  shall  have  power  to  gubpocna  witnesses  to 
appear  before  them  to  be  examined  under  oath,  which  any  one  of  said 
commipsioners  is  authorized  to  administer. 

Damages  and  benefits. 

§  46.  The  commissioners  having  determined  the  damage  which  would 
be  sustained  by  each  petitioner,  in  excess  of  all  benefits,  shall  proceed 
to  assess  the  total  amount  thereof,  together  with  the  costs,  charges,  and 
expenses  of  the  proceedings,  upon  the  several  lots  of  land  benefiteil 
within  the  district  of  assessment,  so  that  each  of  the  lots  shall  be 
assosscfl  in  accorrlance  with  its  benefits  caused  by  such  work  or  improve- 
ment; and  during  the  progress  of  their  work  shall  make  a  report  to 
such  city  council  as  often  as  it  may  be  required. 

Report  of  commissioners. 

§  47.  Tlie  commissioners  shall  make  their  report  in  writing,  and  shall 
subscribe  to  the  same  and  file  it  with  the  city  council.  In  their  saiii 
report  they  shall  <lescribe  separately  each  piece  of  property  whioh  will 
sustain  damage,  stating  the  amount  of  damages  each  will  sustain  over 
and  above  all  benefits.  They  shall  also  give  a  brief  description  of  each 
lot  benefited  within  said  assessment  district,  the  name  of  the  owner,  if 
known,  and  the  amount  of  benefits  in  excess  of  damages  assessed  against 
the  same.  Tn  case  the  three  commissioners  do  not  agree,  the  award 
agreed  upon  by  a  majority  of  them  shall  be  sufBcient.  In  designating 
the  lots  to  be  assessed,  reference  may  be  had  to  a  diagram  of  the  prop- 
erty in  the  district  alTected;  such  diagram  to  be  attached  to  and  ma^e 
a  part  of  the  ro])ort  of  the  commissioners.  If  in  case  the  commissioners 
find  that  conllicting  claims  of  title  exist,  or  shall  be  in  ignorance  or 
lioubt  of  the  ownership  of  any  lot  or  land,  or  any  improvement  thereon, 
or  any  interest  therein,  it  shall  be  set  down  as  belonging  to  unknown 
owners.  Krror  in  the  designation  of  the  owner  or  owners  of  any  laml 
or  imjirovements,  or  particulars  of  their  interest,  shall  not  affect  the 
Aalidity   of   the  assessment. 

Notice  of  hearing  report. 

§  48.  On  tlio  filing  of  said  report,  the  clerk  of  said  city  council  shall 
give  notice  of  such  filing  by  publication  twice  in  one  or  more  daily 
newsjiapers,  or  in  a  weekly  or  semi-weekly  newspaper  so  published  and 
circulated;  and  said  notice  shall  require  all  persons  interested  to  show 
cause,  if  any,  why  such  report  should  not  be  confirmed,  before  the  city 
council,  on  a  day  to  be  fixed  by  the  city  council  and  state<l  in  said 
notice,  which  day  shall  not  be  less  than  twenty  days  from  the  first  publi- 
cation  thereof. 

Objections  to  report. 

§  49.  .MI  objections  shall  be  in  writing  and  filed  with  the  clerk  of 
the  city  council,  who  shall,  at  the  next  meeting  after  the  date  fixed  in 
the    notice   to   show    cause,   lay    the   said   objections,   if   any,   before    the 


2059  STREETS.  Act  3937,  §  50 

council,  which  shall  fix  a  time  for  hearing  the  same;  of  which  time  the 
clerk  shall  notify  the  objectors  in  the  same  manner  as  are  notified 
objectors  to  the  original  resolution  of  intention.  At  the  time  set,  or 
at  such  other  time  as  the  hearing  may  be  adjourned,  the  city  council 
shall  hear  such  objections  and  pass  upon  the  same,  and  at  such  time 
shall  proceed  to  pass  upon  such  report,  and  may  confirm,  correct,  or 
uiofiify  the  same,  or  may  order  the  commissioners  to  make  a  new  assess- 
ment, report,  and  plat.  Which  shall  be  filed,  notice  given  and  had,  as  in 
tiie  case  of  an  original  report. 

Advertising  for  bids. 

§  50.  In  case  the  resolution  of  intention  also  provides  for  the  assess- 
ing upon  the  district  the  cost  of  regrading  or  repaving  such  street  or 
streets  to  such  changed  or  modified  grade,  after  the  report  of  the  com- 
missioners as  to  the  damages  caused  b}'  such  change  of  grade  has  been 
passed  upon  by  the  city  council,  it  shall  then  advertise  for  bids  to 
perform  the  work  of  regrading,  repaving,  sewering,  side  walking  or  curb 
ing  such  street  or  streets  with  the  same  or  other  material  with  which  the 
same  had  been  formerly  graded,  paved,  sewered,  sidewalked,  or  curbed; 
first  causing  a  notice,  with  specifications,  to  be  posted  conspicuously  foi 
five  days  on  or  near  the  council  chamber  door,  inviting  sealed  proposals 
or  bids  for  doing  such  work,  and  shall  also  cause  notices  of  said  work, 
inviting  said  proposals  and  referring  to  the  specifications  posted  or  on 
file,  to  be  published  twice,  in  a  daily,  semi-weekly,  or  weekly  newspaper 
published  and  circulated  in  said  city,  and  designated  by  the  city  coun- 
cil for  that  purpose.  All  proposals  or  bids  offered  shall  be  accompanied 
by  a  check,  payable  to  the  city,  and  certified  by  a  responsible  bank, 
which  shall  not' be  less  than  ten  per  cent  of  the  aggregate  of  the  pro- 
posals; or  by  a  bond  for  said  amount,  signed  by  the  bidder  and  two 
sureties,  who  shall  justify  under  oath  in  double  said  amount  over  and 
above  all  statutory  exemptions.  Said  proposals  or  bids  shall  be  deliv- 
ered to  the  clerk  of  the  said  city  council,  and  said  council  shall  in  open 
session  publicly  open,  examine  and  declare  the  same;  provided,  however, 
that  no  proposal  or  bid  shall  be  considered  unless  accompanied  by  a 
check  or  a  bond  satisfactory  to  the  council.  The  city  council  may  reject 
any  and  all  bids,  and  mav 'award  the  contract  to  the  lowest  responsible 
bidder.  If  not  accepted  the  citv  council  may  readvertise  for  proposals 
or  bids  as  in  the  first  instance,  and  thereafter  proceed  in  the  manner  in 
this  section  provided.  All  checks  accompanying  bids  shall  be  held  by 
the  clerk  until  such  successful  bidder  has  entered  into  a  contract,  as 
herein  provided;  and  in  case  he  refuses  so  to  do,  then  the  amount  of 
his  certified  check  shall  be  declared  forfeited  to  the  city,  and  shall  be 
collected  and  paid  into  its  general  fund,  and  all  bonds  so  forfeited  shall 
be  prosecuted  and  the  amount  thereof  collected  and  paid  into  such  fund. 
Notice  of  the  awards  of  the  contracts  shall  be  published  and  posted  in 
the  same  manner  as  hereinbefore  in  this  section  provided  for  the  posting 
of  proposals  for  said  work. 


Act  3937,  §§51-53 


GENERAL   LAWS. 


2060 


Making  assessment. 

§  51.  After  such  contract  has  been  awarded  and  entered  into,  the 
clerk  of  the  city  council  shall  certify  to  the  city  council  that  fact, 
together  with  the  total  amount  of  the  cost  of  the  same,  whereupon  the 
city  council  shall  cause  to  be  forwarde<l  to  the  commissioners  a  copv  of 
such  certificate;  whereupon  such  commissioners  shall  proceed  to  assess 
the  cost  of  doing  such  work  upon  all  the  lots  and  land  lying  within  the 
district  to  be  assessed,  distributing  the  same  so  that  each  lot  will  be 
assessed  for  its  proportion  of  the  same,  according  to  the  benefits  it 
receives  from  the  work,  and  in  the  same  manner  in  which  the  damages 
caused  by  the  change  of  grade  were  assessed  upon  the  same.  Such  com- 
missioners in  making  such  assessment  shall  show  the  total  amount  for 
which  each  lot  or  tract  is  assessed,  in  excess  of  ail  benefits,  for  the  total 
cost  of  changing  and  modifying  tlie  grade  of  the  street,  as  well  as  the 
rcgrading,  repaving,  sewering,  sidcwalking,  and  curbing  of  the  same,  and 
costs  or  damages  connected  therewith.  The  provisions  of  part  1  of  this 
act  in  regard  to  the  mode  or  manner  of  the  assessment  of  the  cost  of 
such  work  shall  not  apply  to  the  work  in  this  part  contemplated;  neither 
shall  the  provisions  of  this  act  in  regard  to  the  issuing  of  bonds  to 
represent  the  cost  of  the  same,  nor  the  provisions  in  regard  to  the  right 
of   protest  against  the  work   apply. 

Assessment-roll. 

§  52.  The  clerk  of  said  city  council  shall  forward  to  the  street  super- 
intendent of  the  city  a  certified  copy  of  the  report,  assessment,  and  plat, 
tis  finally  confirmctl  and  adopted  by  the  city  council.  Such  certificl 
copy  shall   tiiereupon  be  the  assessment-roll,  the  cost  of  which  shall  be 


therein 


Collecting  assessments. 

§  53.  The  superintendent  of  streets  sh^ll  thereupon  give  notice,  b- 
publicntion  twice  in  one  or  more  daily  news|>apers  published  and  circu- 
lated in  said  city,  or  city  and  county,  or  in  a  weekly  or  semi-weekly 
newspaper  so  published  nnd  circulated,  that  he  has  received  said  assess- 
niont-roll,  and  that  all  sums  levied  and  assessed  in  said  assessment-roll 
arc  due  and  payable  immediately,  and  that  the  payment  of  said  sums  is 
to  be  made  to  him  within  thirty  days  from  the  «late  of  the  first  publica- 
tion of  said  notice.  Said  notice  shall  also  contain  a  statement  that  all 
asses.«ments  not  paid  before  the  expiration  of  said  thirty  days  will  he 
declared  to  be  delinquent,  and  that  thereafter  the  sum  of  five  per  cent 
ujion  the  amount  of  such  delinquent  assessment,  together  with  the  cost 
of  advertising  each  delinquent  assessment  will  be  added  thereto.  When 
payment  of  any  assessment  is  made  to  said  superintendent  of  streets, 
he   shall   write  the  word   "Paid"  and   the  date  of  payment   opposite   the 


2061  STREETS.  Act  3937,  §§54-56 

respective  assessment  so  paid,  and  the  name  of  the  persons  by  or  for 
whom  said  assessment  is  paid,  and  shall  give  a  receipt  therefor.  On 
the  ex])iration  of  said  thirty  days,  all  assessments  then  unpaid  shall  be 
and  boi'ome  dcliiuiuent,  ami  said  superintendent  of  streets  shall  certify 
swch  fact  at  the  foot  of  said  assessment-roll,  and  shall  add  five  per  cent 
to  the  amount  of  each  assessment  so  delinquent.  After  the  date  of  said 
delinquency  no  assessment  shall  be  received  unless  said  five  per  cent 
together  with  all  costs  be  paid  therewith. 

Sale  of  property. 

§  54.  The  said  superintendent  of  streets  shall,  within  five  days  from 
the  date  of  such  delinquency,  proceed  to  advertise  the  various  sums 
delinquent,  and  the  whole  thereof,  including  the  cost  of  advertising, 
which  last  shall  not  exceed  the  sum  of  fifty  cents  for  each  lot,  piece  or 
parcel  of  land  separately  assessed.  Said  list  of  delinquent  assessments, 
with  a  notice  of  the  time  and  place  of  sale  of  the  property  affected 
thereby,  shall  be  published  twice  in  one  or  more  daily  newspapers  pub- 
lished and  circulated  in  such  city,  or  in  a  weekly  newspaper  so  pub- 
lished and  circulated  before  the  day  of  sale  for  such  delinquent  assess- 
ment. Said  time  of  sale  must  not  be  less  than  seven  days  from  the  date 
of  the  first  publication  of  said  delinquent  assessment  list,  and  the  place 
must  be  in  or  in  front  of  the  office  of  said  superintendent  of  streets.  If 
any  assessment  together  with  said  penalty  and  costs  be  not  paid  before 
the  time  of  sale  the  street  superintendent  shall  proceed  to  sell  and  shall 
sell  each  lot,  piece  or  parcel  of  land  separately  assessed  at  public  auction 
to  the  bidder  offering  to  pay  the  amount  due  for  the  least  portion  of 
such  lot,  piece  or  parcel  of  land  so  offered  for  sale,  and  shall  issue  a 
certificate  therefor.  If  there  be  no  bidder  said  property  shall  be  struck 
off  to  the  municipality. 

Redeemable  within  one  year. 

§  55.  All  property  sold  shall  be  subject  to  redemption  for  one  year 
by  the  payment  of  the  amount  of  the  assessment,  penalty  and  costs  and 
interest  thereon  at  the  rate  of  ten  per  cent  per  annum  from  the  date  of 
sale.  The  superintendent  of  streets  shall,  if  there  is  no  redemption, 
make  and  deliver  to  the  purchaser  at  such  sale,  or  his  consignee,  a  deed 
conveving  the  property  sold,  and  shall  collect  for  each  deed  one  dollar. 
The  deed  of  the  street  superintendent,  made  after  such  sale,  in  case  of 
failure  to  redeem,  shall  be  prima  facie  evidence  of  the  regularity  of  all 
proceedings  hereunder,  and  of  title  in  the  grantee. 

Separate  funds. 

§  56.  The  superintendent  of  streets  shall  from  time  to  time  pay 
over  to  the  citv  treasurer  all  moneys  collected  by  him  on  account  of  any 
such  assessments.  The  city  treasurer  shall,  upon  receipt  thereof,  place 
the  same  in  a  separate  fund,  designating  each  fund  by  the  name  of  the 
street,  square,  lane,  alley,  court,  or  place  for  the  change  of  grade  for 
which   the   assessment   was   made.     Payments   shall   be   made    from   said 


Act  3937,  §§  57, 58  gexkilvl  laws.  2062 

fund  to  the  parties  entitled  thereto,  upon   warrants  signed  by  the  com- 
missioners or  a  majority   of  them. 

Notice   of  damages  awarded. 

§  57.  Wlif'fi  siinicieiit  money  is  in  the  hands  of  the  city  treasurer, 
in  the  fund  voted  for  the  proposed  work  or  improvement,  to  pay  the 
total  eost  for  damages,  as  well  as  for  the  cost  of  doing  the  work,  and 
all  other  expenses  connected  therewith,  it  shall  be  the  duty  of  the  com- 
missioners to  notify  the  owner,  possessor,  or  occupant  of  the  premises 
<l.im,'igcd,  and  to  whom  damages  have  been  awarded,  that  a  warrant  has 
been  drawn  for  the  payment  of  the  same,  which  can  be  received  at  the 
oflice  of  such  commissioners.  Such  notification  may  be  made  by  de- 
positing a  notice,  postage  prepaid,  in  the  postoffice,  addressed  to  his  last 
krmwn  place  of  residence.  If,  after  the  expiration  of  three  days  from  the 
service  or  de|)osit  of  the  notice  in  the  postoffice,  he  shall  not  have 
applied  for  such  warrant,  the  same  shall  be  drawn  and  deposited  with  the 
<ity   treasurer,   to  be  delivered  to  him   upon   demand. 

Condemnation  proceedings. 

§  58.  If  the  owner  of  any  jvremises  <Iamagcd  neglects  or  refuses,  for 
ten  days  after  the  warrant  has  been  placed  in  the  bands  of  the  city 
treasurer,  subject  to  his  demand,  to  accept  the  same,  the  city  coum-il 
may  cause  proceedings  to  be  commenced,  in  the  name  of  the  city,  to  con 
demn  said  premises,  as  provided  by  law  under  the  right  of  eminent 
(luiiKiin.  The  resolution  of  intention  shall  be  conclusive  evidence  of  the 
neiossity  of  the  same.  Such  proceedings  shall  have  precedence,  so  far 
as  the  business  of  the  court  will  permit,  and  anv  juilgment  for  damages 
tlu'rein  rendereil  shall  be  payable  out  of  a  special  fund  in  the  treasury 
for  that  purpose.  .At  any  time  after  the  trial  and  judgment  entered, 
or  pending  appeal,  tiie  court  may  order  the  city  treasurer  to  set  apart  in 
the  city  treasury  a  suflicient  sum  from  said  fund  to  answer  the  judg- 
ment, and  thereupon  may  authorize  or  order  tl>c  munici[Kility  to  proceed 
with  the  proposed  work  or  im|>rovements.  In  case  of  a  deficiency  in 
said  fund  to  pay  the  whole  assessed  judgment  and  damages,  the  city 
council  may.  in  its  discretion,  order  the  balance  thereof  to  be  paid  out 
of  the  general  fund  of  tiie  treasury,  or  to  t>e  distributed  by  the  com- 
missioners over  the  property  assessed  by  a  supplementary  assessment: 
but  in  tlie  last-named  case,  in  order  to  avoid  delay,  the  city  council  may 
advance  such  balance  out  of  any  available  fund  in  the  treasury,  ami 
reimburse  the  same  from  the  collection  of  assessments.  The  treasurer 
shall  jiay  such  warrants  in  the  order  of  their  presentation;  provided, 
tliat  warrants  for  damages  and  for  costs  of  performing  the  work  shall 
have  ])riority  over  warrants  for  charges  and  expenses,  and  the  treasurer 
shall  see  that  sulticient  money  remains  in  the  fund  to  pay  all  warrants 
of  the  first  class  before  paying  any  of  the  second.  The  provisions  of 
section  11251  of  the  Code  of  (.'ivil  Procedure.  re<piiring  the  payment  of 
damages  within  thirty  days  after  the  entry  of  judgment,  shall  not  apply 
to  damages  rendered  in  proceedings  under  this  act.     All  provisions  con- 


I 


20G3  STREETS.  Act  3937,  §§  59-62 

taincd  in  parts  1  and  4  of  this  act,  which  provisions  are  not  in  conflict 
herewith,  shall  apply  to  all  matters  herein  contained. 

PART  III. 
Serial  bonds  may  be  issued. 

§  59.  The  city  council  of  any  municipality  in  this  state  shall  have 
the  power,  in  its  discretion,  to  determine  that  serial  bonds  shall  be 
issued  in  the  manner  and  form  hereinafter  provided  to  represent  assess- 
ments of  twenty-five  dollars  or  over  for  the  cost  of  any  work  or  improve- 
ment authorized  in  part  1  of  this  act. 

When  and  where  payable. 

§  60.  Said  serial  bouds  shall  extend  over  a  period  not  to  exceed  nine 
years  from  the  second  day  of  January  next  succeeding  their  date,  and 
an  even  annual  proportion  of  the  principal  sum  thereof  shall  be  payable, 
by  coupon,  on  the  second  day  of  January  every  year  after  their  date, 
until  the  whole  is  paid,  and  the  interest  shall  be  payable  semiannually, 
by  coupon,  on  the  second  days  of  .Tanuary  and  July,  respectively,  of 
each  year,  at  the  rate  of  not  to  exceed  ten  per  cent  per  annum  on  all 
sums  unpaid,  until  the  whole   of  said  principal   and  interest  are  paid. 

Said  bonds  and  interest  thereon  shall  be  paid  at  the  office  of  the  city 
treasurer  of  said  municipality,  who  shall  keep  a  fund  designated  by  the 
name  of  said  bonds,  into  which  he  shall  receive  all  sums  paid  him  for  the 
principal  of  said  bonds  and  the  interest  thereon,  and  from  which  he 
shall  disburse  such  sums,  upon  the  presentation  of  said  coupons;  and 
under  no  circumstances  shall  said  bonds  or  the  interest  thereon  be  paid 
out  of  any  other  fund.  Said  city  treasurer  shall  keep  a  register  in  his 
office,  which  shall  show  the  series,  number,  date,  amount,  rate  of  interest, 
payee  and  indorsees  of  each  bond,  and  the  number  and  amount  of  each 
coupon  of  principal  or  interest  paid  by  hipi,  and  shall  cancel  and  tile 
each   coupon   so   paid. 

Notice  in  resolution  of  intention. 

§  61.  When  said  city  council  shall  determine  that  serial  bonds  shall 
be  issued  to  represent  the  expenses  of  any  proposed  work  or  improve- 
ment under  this  act,  it  shall  so  declare  in  the  resolution  of  intention  to 
do  said  work,  and  shall  specify  the  rate  of  interest  which  they  shall 
bear.  The  like  description  of  said  bonds  shall  be  inserted  in  the  resolu- 
tion ordering  the  work,  in  the  resolution  of  award,  and  in  all  notices  of 
said  proceedings  required  by  this  act  to  be  either  posted  or  published; 
and  also  a  notice  that  a  bond  will  issue  to  represent  each  assessment  of 
twentv-five  dollars  or  more  remaining  unpaid  for  thirty  days  after  the 
date  of  the  warrant,  or  five  days  after  the  decision  of  said  council  upon 
an  appeal,  shall  be  included  in  the  warrant  provided  for  in  section  22 
of  this   act. 

Notification  to  treasurer. 

§  62.  After  the  full  expiration  of  thirty  days  from  the  date  of  the 
warrant,  or  if  an  appeal  be  taken  to  the  city  council  as  provided  in  this 


Act  3937,  §  63  general  laws.  2064 

act,  then  five  days  aftor  the  final  deoision  of  said  counoil.  and  aftor  the 
street  superintendent  shall  have  recorded  tlie  return,  as  provided  in 
section  25  hereof,  the  street  superintendent  shall  make  and  certify  to 
the  city  treasurer  a  complete  list  of  all  as-essments  unpaid,  which  amount 
to  twenty-five  dollars  or  over,  upon  any  assessment  or  diagram  number; 
and  said  treasurer  shall  thoreupon  make  out,  sign,  and  i.ssue  to  the  con- 
trartor,  or  his  assigns,  fiayee  of  the  warrant  and  assessment,  a  separate 
bond,  representing  upon  each  lot  or  parf^el  of  land  upon  said  list  the 
total  amount  of  the  assessments  against  the  same,  as  thereon  shown. 
And  if  said  lot  or  parnel  of  land  is  described  upon  said  assessment  and 
diagram  by  its  number  or  block,  or  both,  and  is  also  designated  by  its 
number  or  block,  or  both,  upon  the  ofli -ial  map  of  said  mnnicipality,  or 
iijion  any  map  on  file  in  the  office  of  the  county  recorder  of  the  i^ounty 
in  which  said  municii)ality  is  situated,  then  it  sh:ill  be  in  said  bond  a 
HiilTicient  description  of  said  lot  or  pari-el  of  land  to  designate  it  by  said 
number  or  block,  or  both,  as  it  appears  on  said  official  or  recorded  map. 

Fonii  of  bond. 

§  63.     Said  bond  shall  be  subsf .nntially  in  the  following  form: 

Street    Improvement    Bond. 

Series  (designating  it),  in  the  city  (or  other  form  of  the  municipality) 
of   (naming  it). 

$ 100.  Xo. . 

Under  and  by  virtue  of  an  act  of  the  legislature  of  the  state  of  Cali- 
fornia (title  of  this  act),  I,  out  of  the  fund  for  the  above  designated 

street   improvement   bonds,   series  ,  will    pay   to  ,  or  order,  the 

sum  of dollars  (.$  )   with  interest  at  the  rate  of  per  cent 

per  annum,  all  as  is  hereinafter  specified,  and  at  the  oflSee  of  the  

treasurer  of  the of  '  state  uf  California.     This  bond  is  issued  to 

ropresiiit  the  cost  of  certain  street  work  upon  ,  in  the  of  . 

as  tlie  same   is   more  fully  described   in   assessment   number  ,  issued 

by  the  street  superintendent  of  said  ,  after  his   acoeptanee  of  said 

work,  and  recorded  in  his  office.  Its  amount  is  the  amount  assessed  in 
said  assessment  against  the  lot  or  jiarcel  of  land  numbered  therein,  and 

in  the  diagram  attached  thereto,  as  number  ,  and  which  now  remains 

unpaid,  but  until  paid,  with  accrued  interest,  is  a  first  lien  upon  the 
]>ropertv  affected  thereby,  as  the  same  is  described  herein,  and  in  said 
recorded  assessment  with  its  diagram,  to  wit:  tlie  lot  or  parcel  of  land 
in  said  of  ,  county  of  ,  state  of  California,  . 

This  bond  is  payable  exclusively  from  said  fund,  and  neither  the 
nuiniiipality  nor  any  officer  thereof  is  to  be  hoMcn  for  payment  other- 
wise of  its   principal  or  interest.     The  term   of  this  bond   is years 

from  the  second  day  of  January  next  succeeding  its  date,  and  at  the 
expiration  of  sjiid  time  the  whole  sum  then  unpaid  shall  be  due  and  pay- 
able; but  on  the  second  day  of  .Tanu:iry  of  each  year  after  its  date  an 
even  annual  proportion  of  its  wliole  amount  is  due  and  payable,  upon 


2065  STREETS.  Act  3937,  §§  64-66 

presentation  of  the  coupon  therefor,  until  the  whole  is  paid,  with  all 
accrued  interest  at  the  rate  of  per  centum  per  annum. 

The  interest  is  payable  semi-annually,  to  wit:  On  the  second  days  of 
January  and  of  July  in  each  year  hereafter,  upon  presentation  of  the 
coupons  therefor,  the  first  of  which  is  for  the  interest  from  date  to  the 

next   second   day   of  ,   and   thereafter   the   interest   coupons   are   for 

semi-annual  interest,  except  the  last,  which  is  for  interest  from  the 
semi-annual  payment  next  preceding  and  to  the  date  of  the  final  ma- 
turity of  this  bond. 

Should  default  be  made  in  the  annual  payment  upon  the  principal, 
or  in  any  fiayment  of  interest  from  the  owner  of  said  lot  or  parcel 
of  land,  or  anyone  in  his  behalf,  the  holder  of  this  bond  is  entitled  to 
declare  the  whole  unpaiil  amount  to  be  due  and  payable,  and  to  have 
said  lot  or  parcel  of  land  advertised  and  sold  fortliwith,  in  the  manner 
provided  by  law. 

At  said  of  this  day  of  ,  in  the  year  one  thousand 

hundred  and  . 

City  Treasurer  of  the  of . 

Limitation  twenty-five  dollars. 

§  64.  In  case  the  amount  of  unpaid  assessments  upon  any  lot  or  par- 
cel of  land  shall  be  less  than  twenty-five  dollars,  then  the  same  shall 
be  collected  as  is  hereinbefore  provided  in  part  1  of  this  act. 

Owner  may  stop  issuance. 

§  65.  If  any  person,  or  his  authorized  agent,  shall  at  any  time  be- 
fore the  issuance  of  the  bond  for  said  assessment  upon  his  lot  or  parcel 
of  land  j>resent  to  the  city  treasurer  his  aflSdavit,  made  before  a  com 
petent  officer,  that  he  is  the  owner  of  a  lot  or  parcel  of  land  in  said  list, 
accompanied  by  the  certificate  of  a  searcher  of  records  that  he  is  such 
owner  of  record,  and  with  such  afiidavit  and  certificate  such  person 
notifies  said  treasurer  in  writing  that  he  desires  no  bond  to  be  issued 
for  the  assessments  upon  said  lot  or  parcel  of  land,  then  no  such  bond 
shall  be  issued  therefor,  and  the  payee  of  the  warrant,  or  his  assigns, 
shall  retain  his  right  for  enforcing  collection  as  if  said  lot  or  parcel 
of  land  had  not  been  so  listed  by  the  street  superintendent. 

Description  of  bonds. 

§  66.  The  bonds  so  issued  by  said  treasurer  shall  be  payable  to  the 
party  to  whom  they  issue,  or  order,  and  shall  be  serial  bonds,  as  is  here- 
inbefore described,"  and  shall  bear  interest  at  the  rate  specified  in  the 
resolution  of  intention  to  do  said  work.  They  shall  have  annual  cou- 
pons attached  thereto,  payable  in  annual  order,  on  the  second  day  of 
January  in  each  year  after  the  date  of  the  bond,  until  all  are  paid,  and 
each  coupon  shall  be  for  an  even  annual  proportion  of  the  principal  of 
the  bond.  They  shall  have  semi-annual  interest  coupons  thereto  at- 
tached, the  first"^  of  which  shall  be  payable  upon  the  second  day  of  Jan- 

130 


Act3D37,  §§G7,  68 


GENERAL   LAWS. 


206G 


nary  or  July,  as  the  case  may  be,  next  after  its  date,  anJ  shall  be  for 
the  interest  acfruerl  at  tliat  time,  ami  the  last  of  which  shall  be  for  the 
amount  of  interest  accruing  from  the  second  day  of  January  or  July,  as 
the  case  may  be,  next  preceding  the  maturity  of  said  bonds  to  the  ma- 
turity thereof.  The  city  treasurer  shall,  in  addition  to  his  other  duties 
in  the  premises,  report  all  coupon  payments  of  principal  upon  said  bonds 
ro  the  street  superintendent,  who  shall  forthwith  imlorse  the  same  upon 
the  margin  of  the  record  of  the  assessment  to  the  credit  of  which  the 
same  is  jiaid,  and  said  assessment  shall  be  a  first  lien  upon  the  i»rop- 
erty  affected  thereby  until  the  bond  issued  for  the  payment  thereof, 
and  the  accrued  interest  thereon,  shall  be  fully  paid.  Said  bunds,  by 
their  issuance,  shall  be  conclusive  evidence  of  the  regularity  of  al! 
jtroceediugs  thereto  under  this  act. 

Penalty  for  default. 

§  67.  Whenever,  through  the  default  of  the  owner  of  any  lot  or 
jiarccl  of  land  to  represent  the  assessment  upon  which  such  bond  has 
been,  or  may  hereafter  be,  issued,  and  payment,  either  upon  the  prin- 
cipal, or  of  the  interest,  has  not  been,  or  shall  not  be  ma«le  when  the 
same  h:is  become,  or  shall  become  due.  and  the  holder  of  the  bond  there 
upon  (leniands,  in  writing,  that  the  said  city  treasurer  proceed  to  adver 
tise  and  sell  said  lot  or  parrel  of  land  as  herein  provided,  then  the 
whole  bond  or  its  unpaid  remainder,  with  its  accrued  interest,  as  ex- 
jiressed  in  said  bond,  shall  become  due  and  payable  immediately,  and  on 
the  day   following  shall   become  delinquent. 

Sale  of  property. 

§  68.  rpon  the  application  of  the  holder  of  any  b<>nd  that  is  now  or 
shall  hereafter  become  deiinipient  as  hereinbefore  i>rovided,  the  said 
<  ity  treasurer  shall  putdish  twice  in  a  newspaper  of  general  circulation, 
to  be  designated  by  him,  published  in  the  city  where  his  office  is  situ- 
attMJ,  a  notice  which  must  contain  the  date,  number,  and  series  of  the 
deliri(]uent  bond,  a  description  of  the  property  mentioned  in  said  bon<l, 
and  the  name  of  the  owner  of  such  property  (if  known),  and  if  un- 
kn<iwn,  the  fact  shall  be  so  stated,  the  amount  due  thereon,  and  a  state- 
ment that  unless  the  amount  of  saiil  bond  and  the  interest  due  thereon, 
together  with  the  cost  of  publication  of  such  notice  are  paid,  the  real 
projierty  described  in  sai<l  bund  will  he  sold  at  public  auction  on  a  day 
to  be  therein  fixed,  which  shall  not  be  less  than  fifteen  nor  more  than 
thirty  days  from  the  day  of  the  first  publication  of  said  notice,  and  the 
]>lace  of  such  sale,  which  must  be  the  oflice  of  the  said  city  treasurer. 
A  like  notice  shall  not  less  than  fifteen  days  before  the  day  of  sale  so 
fixed  be  served  upon  any  such  owner  if  known,  either  personally  or  by 
depositing  the  same  in  the  postoffice  at  such  city,  addressed  to  such 
owner  at  his  address,  if  known,  with  the  postage  thereon  prepaid.  At 
any  time  prior  to  the  sale,  the  owner  or  person  in  possession  of  any 
real  estate  offered  for  sale  under  the  provisions  of  this  act  may  pay  the 


20G7  STREETS.  Act  3937  J  §69-73 

whole  amount  of  said  bond  then  due,  with  costs,  and  such  bond  shall 
thereupon  be  canceled;  but  in  case  such  payment  is  not  made  by  such 
owner,  or  person  in  possession,  or  by  someone  in  behalf  of  such  owner, 
or  person  in  jjossession,  the  property  sul^ject  thereto  shall  be  sold  at 
public  auction  to  the  bidder  offering  to  j)ay  the  amount  due  on  the  bond 
with  costs  for  the  least  portion  of  such  lot  or  parcel  of  land  offered 
for  sale. 

Treasurer's  affidavit. 

§  69,  The  city  treasurer,  before  the  day  of  sale  hereinafter  provided 
for,  must  file  with  the  city  clerk  a  copy  of  the  publication  with  an 
alliduvit  of  the  pjublisher  of  such  newspaper,  or  someone  in  its  behalf, 
attached  thereto,  that  it  is  a  true  copy  of  the  same;  that  the  publication 
was  maile  in  a  newspaper,  stating  its  name  and  place  of  publication  and 
the  date  of  each  appearance  in  which  such  jiublication  was  made,  which 
affidavit  is  prima  facie  evidence  of  all  the  facts  stated  therein. 

Costs  and  fees. 

§  70.  The  city  treasurer  must  collect,  in  addition  to  the  amount  due 
on  such  bond,  the  cost  of  the  publication  of  such  notice,  and  fifty  cents 
for  the  certificate  of  sale  delivered  to  the  purchaser  as  hereinafter  pro- 
vided. 

Certificate  of  treasurer. 

§  71.  The  city  treasurer,  before  delivering  any  certificate  of  sale 
must,  in  a  book  kept  in  his  office  for  that  purpose,  enter  the  date,  number 
and  series  of  the  bond,  a  description  of  the  laud  sold  corresponding  with 
the  description  in  the  certificate,  the  date  of  sale,  purchaser's  name,  the 
amount  paid,  regularly  number  the  descriptions  on  the  margin  of  the 
book,  and  put  a  corresponding  number  on  each  certificate.  Such  book 
must  be  open  to  public  inspection  during  office  hours  when  not  in  actual 
use,  and  he  shall  enter  on  the  record  of  the  bond  the  words  "canceled 
by  sale  of  the  property,"  giving  the  date  of  such  sale. 

Lien  on  the  property. 

§  72.  Immediately  on  the  sale,  the  purchaser  shall  become  vested 
with  a  lien  on  the  property,  so  sold  to  him,  to  the  extent  of  his  bid,  and 
is  only  devested  of  such  lien  by  the  payment  to  the  city  treasurer  of  the 
purchase  money,  including  costs  herein  provided  for,  with  interest 
thereon  at  the  rate  of  one  per  cent  per  month  from  the  date  of  sale. 

Redemption. 

§  73.  A  redemption  of  the  property  sold  may  be  made  by  the  owner 
of  the  propertv,  or  anv  party  in  interest,  within  twelve  months  from  the 
date  of  purchase,  or  at  any  time  prior  to  the  application  for  a  deed, 
as  hereinafter  provided.  Redemption  must  be  made  in  lawful  money  ot 
the  United  States,  and  when  made  to  the  city  treasurer  he  must  credit 


Act  3937,  §§  74,75 


GENERAL   LAWS. 


20GS 


the   aniount   paid  to  the   person  named   in   his   certificate,   and   pay  it  on 
demand  to  him  or  bis  assignees. 

Recording  certificate. 

§  74.  On  rpfc'iving  the  certificate  of  sale,  the  recorder  must  file  it, 
r.iid  iiiako  an  entry  in  a  book  similar  to  that  required  of  the  city  treas- 
urer, the  fee  for  which  shall  be  fifty  cents,  and  on  presentation  of  the 
receiiU  of  the  city  treasurer  for  the  total  amount  of  the  redemption 
money,  the  recorder  must,  without  charge,  mark  the  word  "redeemed." 
the  date,  and  by  whom  redeemed,  on  the  margin  of  the  book  where  the 
entry  of  the  certificate  is  made. 

Deed  to  purchaser. 

§  7.'}.  If  tho  property  is  not  redeemed  within  the  time  allowed  by  the 
j)rovision8  of  section  7.3  hereof  for  its  redemption,  the  city  treasurer, 
or  his  successor  in  office,  ujion  application  of  the  purchaser  or  his  a* 
signec,  must  make  to  said  purchaser,  or  his  assignee,  a  deed  to  the  prop 
erty,  reciting  in  the  deed,  substantially,  the  matter  contained  in  the 
certificate  and  that  no  jierson  has  redeemed  the  property  during  the  time 
.■lUowf'd  for  its  redemption;  the  treasurer  shall  be  entitled  to  receive 
from  the  purchaser  two  dollars  for  making  saiil  deed,  which  shall  be  de- 
posited in  the  city  treasury  for  the  use  of  the  city  after  payment  has 
iiocn  iiiiiiic  thorofroni  for  the  acknowledgment  of  said  deed;  provided, 
however,  that  the  jiurchaser  of  the  property,  or  his  assi(n>ce,  or  agent 
must,  thirty  days  prior  to  the  expiration  of  the  time  of  the  redemption, 
or  thirty  days  before  his  application  for  a  deed,  serve  upon  the  owner 
or  agent  of  the  projterty  purchased,  if  named  in  such  certificate  of  sale, 
and  upon  the  party  occupying  the  property,  if  the  property  is  occupied, 
:i  written  notice,  stating  that  said  property,  or  a  portion  thereof,  has 
been  sold  to  satisfy  the  bond  lien,  the  date  of  sale,  the  date,  number, 
and  series  of  tho  bond,  the  auiount  then  due,  and  the  time  when  the 
right  of  redemption  will  expire,  or  when  the  purchaser  will  apply  for  a 
deed,  and  the  owner  of  the  property  shall  have  the  right  of  redemption 
iiidelinitely,  until  such  notice  shall  have  been  given  and  said  deed  ap- 
jilied  for,  ujion  the  payment  of  the  fees,  penalties,  and  costs  in  this  act 
required.  In  case  of  unoccupied  property,  a  similar  notice  must  be 
jiosted  in  a  cons|»icuous  place  upon  the  property  at  least  thirty  days 
])efore  the  expiration  of  the  time  for  redemption,  or  thirty  days  before 
the  purchaser  applies  for  a  deed;  and  no  deed  to  the  property  sold,  in 
accordance  with  the  provisions  of  this  act,  shall  be  issued  by  tho  city 
treasurer  to  the  purchaser  of  such  property  until  such  purchaser  shall 
have  filed  with  such  treasurer  an  affiilavit  showing  that  the  notice 
hereinbefore  required  to  be  given  has  been  given  as  herein  req\iired, 
which  said  affidavit  shall  be  filed  and  jireserved  by  the  said  treasurer 
as  other  records  kept  by  him  in  his  office.  Such  purchaser  shall  be 
entitled  to  receive  the  sum  of  fifty  cents  for  his  service  of  such  notice 
and  the  making  of  such  affidavit,  which  sum  of  fifty  cents  shall  be  paid 


^069  STREETS.  Act  3937,  §§  76, 77 

l>y  the  redeinptioner  at  the   time  and  in  the  same  manner  as  the  other 
sums,  costs,  and  fees  are  paid. 

Absolute  title. 

§  76.  The  deed,  when  duly  acknowledged  or  proved,  is  primary  evi- 
ilem-e  of  the  rcf;ularity  of  all  proceedings  theretofore  had  and  shall  be 
lonchisive  evidence  of  all  things  of  which  the  bond  upon  which  it  is 
based  is  conclusive  evidence,  and  prima  facie  evidence  of  the  regularity 
of  all  proceedings  subsequent  to  the  issue  of  the  bond,  and  conveys  to 
the  grantee  the  absolute  title  to  the  lands  described  therein,  free  of  all 
encumbrances,   excej>t    the    lien   for   state,   county,   and   municipal   taxes. 

Railroad  property. 

§  77.  Whenever  any  railroad  track  or  tracks  of  any  description  exist 
upon  the  street  or  streets  upon  which  the  city  council  of  any  city  has 
ordered  an  improvement  to  be  made,  and  has  excepted  therefrom  the 
portions  used  by  the  track,  between  the  rails  and  for  two  feet  on  each 
side  thereof,  and  between  the  tracks  if  there  is  more  than  one,  the  said 
order,  unless  said  city  council  shall  by  resolution  theretofore  passed 
have  declared  the  contrary,  shall  be  deemed  to  be  and  constitute  a  re 
quiremont  that  the  person  or  company  having  said  railroad  track  or 
tracks  thereon  shall  improve  the  said  portion  with  improvements  similar 
in  all  respects  to,  with  the  same  materials,  under  the  same  specifications 
an«l  superintendence,  and  to  the  like  inspection  and  satisfaction  as 
those  ordered  to  be  performed  by  said  order  ordering  the  work;  pro- 
vided, however,  that  the  city  council  may  by  ordinance  require  in- 
creased depth  of  concrete  between,  to  the  full  depth  of,  or  under  the 
ties,  or  both,  where  and  whenever  the  city  council  shall,  in  its  judg- 
ment decide  that  this  method  of  construction  is  necessary.  The  city 
council  may  also  require  by  ordinance  or  otherwise,  any  person  or  com- 
pany aforesaid,  to  pave  alongside  of  and  contiguous  to  its  rails  with 
special  types  of  brick  or  paving  blocks.  The  resolution  of  intention  and 
notice  of  proposed  improvement  shall  be  construed  and  are  hereby  de- 
clared to  be  notice  to  said  person  or  company  of  the  intention  to  order 
the  same.  Thereupon  it  shall  be  the  duty  of  said  person  or  company 
having  such  track  or  tracks  on  such  street  or  streets  to  notify  in  writ- 
ing the  superintendent  of  streets  if  such  person  or  company  elects  to 
enter  upon  the  direct  performance  of  such  work  at  its  own  charge  and 
expense;  said  notice  must  be  delivered  to  the  superintendent  of  streets 
within  ten  days  after  the  first  publication  of  notice  of  award  of  con- 
tract. The  omission  or  neglect  to  make  such  election  shall  be  construed 
as  constituting  the  superintendent  of  streets  the  agent  of  the  owner  of 
said  track  or  tracks,  with  authority  to  enter  into  a  contract  made  in 
accordance  with  the  provisions  of  this  section  for  making  the  said  im- 
piovements.  Said  superintendent  of  streets  shall  advertise  for  bids 
for  the  improvement  of  said  portions  of  the  street  or  streets  lying 
between  the   rails   and  for  two  feet   on  each  side  thereof,   and  between 


Act  3937,  §  77  general  laws.  2070 

the  tracks,  if  there  be  more  than  one.  It  shall  be  the  duty  of  said  city 
conncil  to  award  the  contract  for  the  making  of  said  improvements  to 
the  lowest  regular  responsible  bidder.  Such  bidding  and  awarding  of 
font;;!'ts  shall  be  made  in  the  same  manner  hereinbefore  provided  for 
the  ;i\v;ir'ling  of  contracts  for  improvements  excepting  that  no  notice  of 
award  shall  be  published.  Immediately  upon  the  award,  the  sui>erintend- 
ent  of  streets  shall  enter  into  a  contract  with  the  person  to  whom  said  con- 
duct was  awarded  for  the  making  of  said  improvement  or  improvements 
upon  the  portions  of  the  street  or  streets  described  in  said  notice  in- 
viting bids,  and  at  the  price  stated  in  said  bid.  The  contractor  shall 
rxocute  boixis  in  the  manner  required  V>v  section  15  of  this  act.  I'pon 
the  coniidotion  of  the  work  and  its  accpjitance,  the  street  superintendent 
fhall  make  a  certificate  of  such  completion,  together  with  a  statement 
of  the  amount  due  under  the  terms  of  said  contract  for  the  perfor- 
mance of  said  work.  Such  certificate  shall  be  countersigned  by  the 
mayor  of  said  city,  and  shall  be  recorded  in  the  office  of  said  superin- 
tendent of  streets.  The  contractor  thereupon  shall  he  entitled  to  pay 
ment  of  the  full  amount  of  s.iid  contract  price,  and  the  recortling  of 
such  certificate  shall  be  suf!icient  notice  to  the  owner  of  such  track  or 
tracks  that  said  contract  price  is  due  and  payable.  In  the  event  that 
such  amount  is  not  paid  within  thirty  days  from  the  date  of  the  record 
ing  of  said  certificate,  the  contractor  may  file  a  sworn  statement  to 
that  effect  with  the  superintendent  of  streets,  who  shall  record  the 
same  in  his  office  in  the  book  in  whirh  the  certificate  of  acceptance  has 
been  recorded.  Said  contractor  shall  thereupon  have  a  cause  of  artton 
against  said  person  or  company  owning  said  tracks  for  the  amount  of 
?aid  contract,  together  with  a  reasonable  attorney's  fee,  and  shall  also 
have  as  a  security  for  the  recovery  of  su>-h  amount,  a  first  lien  upon  the 
track  and  franchises  of  said  railroad,  between  whose  rails  or  tracks 
the  said  work  has  been  performed,  contained  within  the  corjiorate 
limits  of  the  said  city.  In  such  suit,  the  certificate  of  the  superintend- 
ent of  streets,  hereinbefore  mentioned,  shall  be  and  constitute  prima 
facie  evidence  of  the  regularity  of  all  proceedings,  and  of  the  right 
C'f  the  contractor  to  recover  judgment  against  said  person  or  company. 
Kxecution  may  be  taken  out  upon  the  entry  of  judgment,  and  levied 
u|ion  any  property  of  said  person  or  comjmny  subject  to  execution. 
In  the  event  that  said  person  or  company  shall  file  the  written  election 
to  enter  upon  the  direct  performance  of  such  work  at  its  own  cost  and 
expense,  no  further  proceedings  shall  be  taken  in  the  matter  unless  such 
person  or  company  neglc  ts  or  fails  for  thirty  days,  or  for  such  furthc*- 
time  as  the  city  council  may  grant,  to  make  said  improvement.  !• 
the  event  that  the  improvement  of  the  portions  of  the  street  or  street- 
above  described  between  the  rails  an<i  for  two  feet  on  each  side  thereof, 
and  between  the  tracks,  if  there  be  more  than  one,  shall  not  be  matle  with 
diligence,  as  herein  provided  or  in  all  respects  similar  to  the  improve- 
ment of  the  rest  of  the  street,  or  with  the  same  materials  or  under  the 
fame    specifications,    and    to    the    satisfaction    of    the    superintendent    of 


^<^'^1  STREETS.  Act  3937,  §  77a 

streets,  the  city  council  of  said  city  may,  fey  resolution  entered  in  its 
minutes,  prescribe  such  terms  and  conditions  as  to  it  may  seem  fit  and 
]. roper  before  permitting  the  said  person  or  company  to  continue  with 
the  said  improvement.  If  the  said  person  or  company  shall,  after 
three  days'  notice  of  the  adoption  of  said  resolution,  fail  to  comply 
with  the  terms  and  conditions  so  prescribed,  the  city  council  may  de- 
clare said  person  or  company  to  have  forfeited  its  privilege  of  per 
forming  such  work  under  its  own  direction.  Whereupon  the  street 
superintendent  shall  advertise  for  bids  for  the  performance  of  such 
work,  or  such  portion  thereof  as  may  remain  uncompleted,  and  the 
contract  therefor  shall  be  awarded  and  entered  into  in  the  same  manner 
hereinbefore  provided  for  the  awarding  and  execution  of  contracts 
where  said  person  or  company  has  not  elected  to  make  the  improvements 
under  its  own  direction;  and  upon  the  completion  of  the  imi)rovement, 
the  contractor  to  whom  such  contract  may  be  awarded,  or  his  assigns, 
shall  be  entitled  to  a  certificate  from  the  street  superintendent  similar 
to  that  hereinabove  provided  for,  and  shall  have  the  right  to  collect 
from  said  person  or  company  by  suit  the  amount  specified  in  said  cer- 
tificate in  all  respects  the  same  as  hereinbefore  provided  where  the  con- 
tract is  let  for  such  improvement  in  the  first  instance.  The  city 
council  may,  by  ordinance,  prescribe  and  enforce  such  additional  reg- 
ulations and  penalties  as  it  may  deem  necessary  to  compel  the  im 
provements  as  herein  provided  of  any  portion  or  portions  of  any  such 
street  or  streets  so   occupied  by  any  such  railroad  track  or  tracks. 

City  council  may  order  railroad  companies  to  improve  roadbed,  etc.,  in 
streets.  Awarding  work  by  superintendent.  Procedure. 
§  77a.  Whenever  any  railroad  track  or  tracks  of  any  description 
exist  upon  any  street  in  any  city  which  has  been  paved,  macadamized, 
graveled,  capped,  or  oiled  either  for  the  whole  or  any  portion  of  the 
width  of  the  roadway  thereof  along  or  near  the  line  of  such  railroad 
track  or  tracks,  and  the  roadbed  thereof  has  not  been  improved  similar 
in  all  respects  to  and  with  the  same  materials  as  such  street  along 
the  line  of  such  track  or  tracks;  or  where  any  portion  of  such  road- 
bed, whether  so  improved  or  not  is  out  of  repair  or  is  not  on  the  official 
grade  of  such  street  or  has  small  hummocks  or  ridges  or  loose  rock 
upon  or  along  such  roadbed  or  the  materials  composing  such  roadbed 
next  to  the  rails  of  such  track  or  tracks  are  not  flush  with  the  top  of  such 
rails  or  the  sides  thereof,  the  city  council  of  any  city  may,  by  resolution, 
require  and  order  the  person  or  company  having  or  owning  such  rail- 
road track  or  tracks  to  improve  the  roadbed  thereof  by  making  re- 
pairs or  by  bringing  the  roadbed  to  the  ofiBcial  grade  or  removing  the 
hummocks  or  ridges  or  loose  rock  upon  or  along  such  roadbed  or  mak- 
ing the  roadbed  and  the  materials  thereof  flush  with  the  top  or  sides 
of  the  rails  of  such  track  or  tracks.  Such  city  council  may  require  and 
order  any  or  all  of  said  work  or  improvement  as  may  be  designated 
in  such   resolution  and  to  be   done  in  the   manner  therein   designated. 


Act  3937,  §  77a       general  laws.  2072 

The  city  council  may  also  require,  by  resolution,  any  person  or  com. 
pany  aforesaid  to  pave  alongside  of  and  contiguous  to  its  rails  with 
special  type  of  brick  or  paving  blocks  or  other  material. 

The  resolution  to  require  and  order  said  work  or  improvement  shall 
be  personally  served  upon  the  person  or  company  having  or  owning 
such  railroad  track  or  tracks,  or  service  thereof  may  be  made  upon 
any  agent  or  representative  of  such  person  or  company  or  any  officer  of 
such  company,  and  upon  such  service  being  made,  such  resolution  shall 
be  construed  and  is  herebj'  declared  to  be  notice  to  said  person  or  com- 
pany of  the  intention  to  order  the  work  or  improvement  as  designated  in 
such  resolution. 

Thereupon,  it  shall  be  the  duty  of  said  person  or  company  to  notify, 
in  writing,  the  su[)crintendent  of  streets  of  the  city  where  such  work 
or  iniprovi'inent  is  to  be  done,  if  such  person  or  company  elects  to  ent«r 
upon  the  direct  performance  of  such  work  or  improvemeDt  at  his  or 
its  own  charge  or  expense.  Said  notice  must  be  delivered  to  the  said 
superintendent  of  streets  within  ten  days  after  the  service  of  such  res- 
olution as  aforesaid. 

The  omission  or  neglect  to  make  such  election  by  delivering  such  no- 
tice shall  be  construed  as  constituting  the  superintendent  of  streets 
the  agent  of  the  owner  of  said  track  or  tracks  with  authority  to  entei 
into  a  contract  made  in  accordance  with  the  provisions  of  this  section 
for  doing  said  work   and   making  said   improvements. 

»Said  superintendent  of  streets  .shall  thereupon  be  vested  with  au- 
thority to  and  he  shall  advertise  for  bids  for  said  work  or  improvement 
for  at  least  two  days  in  some  newspaper  published  and  circulated  in 
such  city,  and  fix  the  time  in  such  noti<e  for  receiving  bids  not  less 
than   five   days   from   the   first   publication   thereof. 

It  shall  be  the  duty  of  such  city  council  to  award  the  contract  for 
doing  said  work  or  making  said  improvements  to  the  lowest  regular. 
resjionsible   bidder. 

.\11  bids  offered  shall  be  accompanied  by  a  check  or  by  a  bond  and 
shall  be  delivered,  oj'cned  and  award  of  contract  made,  all  as  provided 
bv  section  10  of  said  act,  except  that  no  notice  of  award  shall  be 
published. 

Upon  the  award  being  made,  the  superintendent  of  streets  shall 
enter  into  a  contract  with  the  person  to  whom  said  contract  was 
awarded  for  doing  said  work  or  making  said  improvement  described  in 
said  notice  inviting  bids,  and  at  the  price  state.!   in  said   bid. 

The  contractor  shall  execute  bonds  in  the  manner  required  by  section 
Iri  of  said  act.  I'pon  the  comjiletion  of  the  work  and  its  acceptance, 
the  street  superintendent  shall  make  a  certificate  of  such  completion, 
together  with  a  statement  of  the  amount  due  under  the  terms  of  said 
contract  for  the  performance  of  said  work.  Such  certificate  shall  be 
countersigned  bv  the  mayor  of  said  city,  and  sha^l  be  recorded  in  the 
office  of  said  superintendent  of  streets.  The  contractor  thereupon  shall 
be  outitlcd   to  imyment  for  the  full   amount   of  said  contract  price,  and 


2073  STREETS.  Act  3937,  §  77a 

the  recording  of  sueh  certificate  shall  be  suflScient  notice  to  the  owner 
of  such  track  or  tracks  that  sairl  contract  is  due  and  payable.  In  the 
event  that  such  amount  is  not  paid  within  thirty  days  from  the  date 
of  the  recordinj?  of  said  certificate,  the  contractor  may  file  a  sworn  state- 
ment to  that  effect  with  the  superintendent  of  streets,  who  shall  record 
the  same  in  his  office  in  the  book  in  which  the  certificate  of  acceptance 
has  been  recorded.  Said  contractor  shall  thereupon  have  a  cause  of 
action  against  said  person  or  company  owning  said  tracks  for  the  amount 
of  said  contract,  together  with  a  reasonable  attorney's  fee,  to  be  fixed 
by  the  court,  and  shall  also  have  as  a  security  for  the  recovery  of  such 
amount,  a  first  lien  upon  the  track  and  franchises  of  said  railroad  con- 
tained within  the  corporate  limits  of  the  said  city.  In  such  suit,  the 
certificate  of  the  superintendent  of  streets,  hereinbefore  mentioned,  shall 
be  and  constitute  prima  facie  evidence  of  the  regularity  of  all  pro- 
ceedings, and  of  the  right  of  the  contractor  to  recover  judgment  against 
said  person  or  company.  Execution  may  be  taken  out  upon  the  entry 
of  judgment,  and  levied  upon  any  property  of  said  person  or  company 
sxibject  to  execution.  In  the  event  that  said  person  or  company  shall 
file  the  written  election  to  enter  upon  the  direct  performance  of.  such 
work  at  its  own  cost  and  expense,  no  further  proceedings  shall  be  taken 
in  the  matter  unless  such  person  or  company  neglects  or  fails  for 
thirty  da3s,  or  for  such  further  time  as  the  city  council  may,  by  resolu- 
tion, grant,  to  make  and  complete  said  work  or  improvement. 

In  the  event  that  the  said  work  or  improvement  shall  not  be  made 
with  diligence  as  herein  provided,  the  city  council  of  said  city  may,  by 
resolution  entered  upon  its  minutes,  prescribe  such  terms  and  conditions 
as  to  it  may  seem  fit  and  proper  before  permitting  the  said  person  or 
company  to  continue  with  the  said  improvement.  If  the  said  person  or 
company  shall,  after  three  days'  notice  of  the  adoption  of  said  resolution, 
fail  to  comply  with  the  terms  and  conditions  so  prescribed,  the  city 
council  may,  at  any  time  thereafter,  declare  said  person  or  company  to 
have  forfeited  its  privilege  of  performing  such  work  or  improvement 
under  its  own  direction.  Whereupon  the  street  superintendent  shall 
advertise  for  bids  for  the  performance  of  such  work,  or  such  portion 
thereof  as  may  remain  uncompleted,  and  the  contract  therefor  shall  be 
awarded  and  entered  into  in  the  same  manner  hereinbefore  provided 
for  the  awarding  and  execution  of  contracts  where  said  person  or  com- 
pany has  not  elected  to  make  the  improvements  under  its  own  direction; 
and  upon  the  completion  of  the  improvement,  the  contractor  to  whom 
such  contract  may  be  awarded,  or  his  assigns,  shall  be  entitled  to  a 
certificate  from  the  street  superintendent  similar  to  that  hereinabove 
provided  for,  and  shall  have  the  right  to  collect  from  said  person  or 
company  by  suit  the  amount  specified  in  said  certificate  in  all  respects 
the  same  as  hereinbefore  provided  where  the  contract  is  let  for  such 
work  or  improvement  in  the  first  instance.  The  city  council  may,  by 
ordinance,  prescribe  and  enforce  such  additional  regulations  and  penal- 
ties as  it'  may   deem   necessary  to  compel   the  work  or  improvement   as 


Act3937,  §§78,  79 


GEXEBAL  LAWS. 


2074 


terein  provirled  of  any  portion  or  portions  of  any  such  street  or  streets 
so  occupied  by  any  such   railroad  track   or  tracks. 

The  word  "roadbed"  herein  used  shall  be  deemed  to  embrace  that 
portion  of  any  street  vised  by  the  track  of  any  railroad  between  the 
rails  and  for  two  feet  on  each  side  thereof  and  between  the  tracks  if 
there  is  more  than  one,  including  the  rails  of  such  track  or  tracks. 
[Xew  section  approved  June  10,  1913;  Stats.  1913,  p.  540.] 

No  protests. 

§  78.  None  of  the  provisions  of  part  1  of  this  act  in  regard  to  a  pro- 
test against  the  work  shall  apply  to  any  work  contemplatt'd  by  the  pre- 
ceding section.  All  provisions  of  jiart  1  of  this  aet  not  inconsistent 
with  the  provisions  hereof  shall  apjtiy  hereto. 

PART  IV. 
Definitions. 

§  79.  First.  The  person  owning  tlie  fee,  or  the  person  in  whom,  on 
tlu-  day  the  action  is  coninienifd,  appears  the  legal  title  to  the  lots  and 
lands,  by  deeds  duly  recorded  in  the  county  recorder's  office  of  each 
('(ninty,  or  the  person  in  possession  of  lands,  lots,  or  portions  of  lots  or 
buildings  under  claim,  or  exercising  acts  of  ownership  over  the  s.'ime  for 
liiiiisclf,  or  as  tlie  executor,  administrator,  or  guardian  of  the  owner,  shall 
lie  regarded,  treated,  and  deemed  to  be  the  "owner"  (for  the  purjiose  of 
tliis  law),  according  to  the  intent  and  meaning  of  that  word  as  used  in 
tliis  act.  And  in  case  of  property  leased,  the  possession  of  the  tenant 
or  lessee  holding  and  occupying  under  such  persons  shall  be  deemed  to 
l)e  the  possession  of  such  owner. 

Second.  The  words  "work."  "improve,"  "imjiroved"  and  "improve- 
ment," as  used  in  this  act  shall  include  all  work  mentioned  in  this  act, 
;ind  also  the  construction,  reconstruction  and  repairs,  of  all  or  any  por- 
tion of  said  work.. 

Tliinl.  The  term  "incidental  expenses,"  as  used  in  this  act,  shall  in- 
clude tlie  compensation  of  the  city  engineer  for  work  done  by  him;  also 
the  cost  of  [irinting  and  adverti-<ing  as  provided  in  this  act;  also,  the 
compensation  of  the  person  api>ointed  by  the  superintemlent  of  streets 
to  take  charge  of  and  sui>erintenil  any  of  the  work  mentioned  in  this 
act;  also  the  expenses  of  making  the  assessment  for  any  work  author- 
ized bv  this  act.  -Ml  demands  for  incidental  expenses  mentioned  in  this 
subdivision  shall  be  presented  to  the  street  superintendent  by  itemized 
bill,  dulv   verified   by  oath  of  the  demandant. 

Fourth.  The  notices,  resolutions,  onlers  or  other  matter  required  to  be 
jiublishe.l  by  the  provisions  of  this  act.  shall  be  published  in  a  daily 
newsjiaper,  "in  cities  where  such  there  is,  and  where  there  is  no  daily 
newspajier,  in  a  semi-weekly  or  weekly  newspajier.  to  be  designated  by 
the  council  of  such  citv,  as  often  as  the  same  is  issued,  and  no  other 
statute  shall  govern  or  be  applicable  to  the  publications  herein  provided 
for-   provided,   however,  that  in  case  there  is   no  daily,  semi-weekly,  or 


2075  STREETS.  Act  3937,  §  79 

weekly  newspaper  printed  or  circulated  in  any  such  city,  then  such 
notices,  resolutions,  orders  or  other  matters  as  are  herein  required  to  be 
published  in  a  newsj.aper,  shall  be  posted  and  kept  posted  for  the  same 
length  of  time  as  required  herein  for  the  publication  of  the  same  in  a 
daily,  semi-woekiy  or  weekly  newspaper,  in  three  of  the  most  public 
places  in  such  city  except  where  herein  otherwise  specitically  provided. 
Proiif  of  the  publication  or  posting  of  any  notice  provided  for  herein 
shall  be  made  by  affidavit  of  the  owner,  publisher,  printer  or  clerk  of 
the  newspaper,  or  of  the  poster  of  the  notice.  No  publication  or  notice, 
other  than  that  provided  for  in  this  act,  shall  be  necessary  to  give 
validity  to  any  of  the  proceedings  provided  for  therein.  The  word 
"twice"  as  used  in  this  act,  referring  to  the  number  of  times  notices, 
resolutions  or  other  matters  shall  be  published,  shall  be  held  to  mean  the 
publication  of  the  same  in  two  entire  issues  of  a  newspaper,  one  being 
on  one  day  and  the  other  issue  being  on  a  subsequent  day  of  the  same 
or  a  subsequent   week. 

Fifth.  The  word  "municipality"  and  the  word  "city,"  as  used  in  this 
act,  shall  be  understood  and  so  construed  as  to  include,  and  is  hereby 
declared  to  include,  all  corporations  heretofore  organized  and  now  exist- 
ing, and  those  hereafter  organized,  for  municipal  purposes. 

Sixth.  The  words  "paved"  or  "repaved,"  as  used  in  this  act,  shall 
be  held  to  mean  and  include  pavement  of  stone,  whether  paving  blocks 
or  macadamizing,  or  of  bituminous  rock  or  asphalt,  or  of  iron,  wood  or 
other  material,  whether  patented  or  not,  which  the  city  council  shall  by 
ordinance  or  resolution  adopt. 

Seventh.  The  word  "street,"  as  used  in  this  act,  shall  be  deemed  to, 
and  is  hereby  declared  to,  include  avenues,  highways,  lanes,  alleys, 
crossings,  or  intersections,  courts  and  places,  which  have  been  dedicated 
and  accepted  according  to  law  or  in  common  and  undisputed  use  by  the 
public  for  a  period  of  not  less  than  five  years  next  preceding,  and  the 
term  "main  street"  means  such  actually  opened  street  or  streets  as  bound 
a  block;  and  the  word  "blocks,"  whether  regular  or  irregular,  shall  mean 
such  blocks  as  are  bounded  by  main  streets,  or  partially  by  a  boundary 
line  of  the  city. 

Eighth.  The  terms  "street  superintendent"  and  "superintendent  of 
streets,"  as  used  in  this  act,  shall  be  understood  and  so  construed  as 
to  include,  and  are  hereby  declared  to  include,  any  person  or  officer 
whose  duty  it  is,  under  the  law,  to  have  the  care  or  charge  of  the 
streets,  or  the  improvement  thereof  in  any  city.  In  all  those  cities 
where  there  is  no  street  superintendent  or  superintendent  of  streets, 
the  city  council  thereof  is  hereby  authorized  and  empowered  to  ap- 
point a  suitable  person  to  discharge  the  duties  herein  laid  down  as 
those  of  street  superintendent  or  superintendent  of  streets;  and  all  pro- 
visions hereof  applicable  to  the  street  superintendent  or  superintendent 
of  streets  shall  apply  to  such  person  so  appointed. 

Ninth.  The  term'  "city  council"  is  hereby  declared  to  include  any 
body  or  board  which,  under  the  law,  is  the  legislative  department  of  the 
government   of   any   city. 


Act3937,  §§  79a-82  general  laws.  2076 

Tenth.  In  munieipalitifs  in  which  there  is  no  mayor,  then  the  duties 
iinpo.sed  upon  sai.l  ofTicer  by  the  provisions  of  this  act  shall  be  performed 
by  tho  president  of  the  board  of  trustees,  or  other  chief  executive  officer 
of  the  nuiuicipality. 

Eleventh.  The  terms  "clerk"  and  "city  clerk,"  as  nsfd  in  this  act. 
are  hereby  declared  to  include  any  person  or  officer  who  shall  be  clerk  of 
tlio    said    city    council. 

Twelfth.  The  term  "quarter  block."  as  used  in  this  act.  as  to  irregu- 
l;ir  blocks,  shall  be  deemed  to  include  all  lots  or  portions  of  lots  having 
any  frontage  on  either  intersecting  street  halfway  from  such  intersec- 
tion to  the  next  main  street,  or,  when  no  main  street  intervenes,  all  the 
way  to  a  bounrlary  line  of  the  city. 

'i'liirteenth.  The  term  "city  treasurer"  as  used  in  this  act  shall  be 
held  to  mean  and  include  any  person  who,  under  whatever  name  or  title, 
is   the  custodian   of  the  funds  of  the   municipality. 

"Places,"  defined. 

§  79a.  The  word  "jdaces"  as  used  in  this  act,  shall  be  deemed  tn. 
and  is  hereby  declared  to  include  any  public  pleasure  ground  and  com 
nion  which  has  been  dedicated  and  accepteu  according  to  law,  and 
this  act  shall  include  the  improvement  of  a  public  pleasure  ground  and 
cunimon.     [New  section  approved   .\pril  22,  1913;  Stats.   1913,  p.  57.] 

Hearings. 

§  80.  Whenever  in  proceedings  hereunder,  a  time  and  place  for  hear 
'"K  Ijy  tlie  city  council  is  fixed,  ami.  from  any  cause,  the  hearing  is  not 
then  and  there  held  or  regularly  adjourneil  to  a  time  and  place  fixed,  the 
power  of  the  city  council  in  the  premises  shall  not  thereby  be  devested 
or  lost  but  the  city  council  may  proceed  anew  to  fix  a  time  and  place  for 
the  hearing,  and  cause  notice  thereof  to  be  given  by  publication  by  at 
Ic.ist  one  insertion  in  a  daily,  semi-weekly  or  weekly  newspaper,  such 
publication  to  be  at  least  five  tinys  bi-forc  the  date  of  the  hearing,  and 
tlicrcupon  the  city  coum'il  ^linll  lii\i'  ip.,«.r  tn  rut  as  in  tlii>  flrvt  inst .inrf. 

Publication  and  posting. 

§  81.  Whenever  any  resolution,  oriltr,  notice,  or  determination  is 
rctpiired  to  be  published  or  posted  and  the  duty  of  posting  or  procur- 
ing the  7)ublication  or  posting  of  the  same  is  not  specifically  enjoined 
ii|'(ni  any  oflicer  of  the  city,  it  shall  be  the  duty  of  the  city  clerk  to 
I'ost  or  jirocure  the  i>ublication  or  posting  thereof,  as  the  case  may  he. 
No  proceeding  or  step  herein  shall  be  invalidated  or  affected  by  any 
error  or  mistake  or  departure  therefrom  as  to  the  officer  or  person  post- 
ing, or  pro<'uring  the  publication  or  posting,  of  any  resolution,  notice, 
order  or  determination  hereunder  when  the  same  is  actually  published  or 
jiosted  for  the  time  herein  required. 

Construction  of  act. 

§  8*2.  This  act  shall  be  liberally  construed  to  the  end  that  its  purposes 
in.iy  be  efl'ectivc.     No  error,  irregularity,  informality,  anil   no  neglect  or 


2077  STREETS.        Act  3937,  §§  83, 84 

omission  of  any  officer  of  the  city,  in  any  procedure  taken  hereunder, 
which  does  not  directly  affect  the  jurisdiction  of  the  city  council  to 
order  the  improvement,  shall  avoid  or  invalidate  such  proceeding  or  any 
assessment  for  the  cost  of  work  done  thereunder.  The  exclusive  remedy 
of  any  person  affected  or  aggrieved  thereby  shall  be  by  appeal  to  the 
city  council  as  herein  provided. 

Saving  clause. 

§  83.  This  act  shall  in  no  wise  affect  an  act  entitled  "An  act  to 
provide  for  work  upon  streets,  lanes,  alleys,  courts,  places  and  side- 
walks, and  for  the  construction  of  sewers  within  municipalities,"  ap- 
proved M.irch  18.  1885;  or  an  act  entitled  "An  act  to  provide  a  system 
of  street  improvement  bonds  to  represent  certain  assessments  for  the 
cost  of  street  work  and  improvement  within  municipalities,  and  also  for 
payment  of  said  bonds,"  approved  February  27,  1893;  or  an  act  entitled 
"An  act  to  provide  for  local  improvements  upon  streets,  lanes,  alleys, 
courts,  places  and  sidewalks,  and  for  the  construction  of  sewers  within 
municipalities,  such  act  to  be  known  as  the  'Local  Improvement  Act  of 
l&Ol,'  "  which  became  a  law  February  26,  1901,  or  an  act  entitled  "An 
act  to  provide  for  the  improvement  of  public  streets,  lanes,  alleys,  courts, 
and  places  in  municipalities,  in  eases  where  any  damage  to  private  prop- 
erty would  result  from  such  improvement,  and  for  the  assessment  of  the 
costs,  damages  and  expenses  thereof  upon  the  property  benefited  there- 
by," which  became  a  law  April  21,  1909,  or  amendments  to  any  of  said 
acts,  or  any  other  acts  on  the  same  subject,  or  apply  to  proceedings 
had  thereunder,  but  is  intended  to  and  does  provide  an  alternate  sys- 
tem for  making  the  improvements  provided  for  by  this  act;  and  it  shall 
be  in  the  discretion  of  the  legislative  body  of  any  city  to  proceed, 
under  the  provisions  either  of  this  act  or  of  such  other  acts;  but  when 
any  proceedings  are  commenced  under  this  act,  the  provisions  of  this 
act,  and  of  such  amendments  thereof  as  may  be  hereafter  adopted,  and 
no  other,  shall  apply  to  all  such  proceedings,  and  any  provisions  con- 
tained in  said  acts  or  any  acts  in  conflict  herewith  shall  be  void  and 
of  no  effect  as  to  the  proceedings  commenced  under  this  act.  This  act 
may  be  designated  and  referred  to  as  the  "Improvement  Act  of  1911," 
and  shall  take  effect  and  be  in  force  on  its  passage  and  approval. 

Public  work  in  unincorporated  territory.     Terms  interchangeable. 

§  84.  The  public  work  provided  to  be  done  under  this  act  may  be 
performed  under  the  provisions  of  this  act  in  unincorporated  territory 
in  counties,  and  all  of  the  provisions  of  this  act  shall  apply  with  equal 
force  to  such  work  subject  to  the  definitions  and  modifications  herein- 
after contained.  Wherever  the  words  "municipality,"  "municipalities" 
or  "citv"  shall  appear  in  this  act,  they  shall  be  and  are  hereby  defined 
as  including  cities,  cities  and  counties  and  counties,  and  are  hereby 
expre'=;sly  declared  to  be  interchangeable  with  any  or  either  of  these 
terms  Wherever  the  terra  "city  council'  shall  appear  in  this  act,  it 
shall  be  and  is  hereby  defined  as  including  the  board  of  supervisors  of 


Act  3937,  §  85  gexeral  laws.  2078 

a  county  and  is  hereby  expressly  declared  to  be  interchangeable  with 
this  term;  and  all  of  the  provisions  of  this  act  extending  authority  to 
or  imposing  duties  or  obligations  upon  the  city  council  shall  apply  with 
equal  force  to  the  board  of  suf)ervisors.  Wherever  the  term  "city  en- 
gineer" shall  appear  in  this  act,  it  shall  be  and  is  hereby  defined  as 
including  the  county  surveyor  of  a  county,  and  is  hereby  expressly 
(icflarod  to  be  interchangeable  therewith;  and  all  of  the  provisions  of 
tliis  act  extending  authority  to  or  imposing  duties  or  obligations  upon 
the  city  engineer  shall  apply  with  equal  force  to  the  county  surveyor. 
Wherever  the  terms  "city  ejerk,"  "clerk  of  the  city  council"  or  "clerk 
of  the  council"  shall  appear  in  this  act.  they  shall  be  and  are  hereby 
defined  as  including  the  county  clerk  of  a  county,  and  are  hereby  ex 
|)ressly  declared  to  be  interchangeable  therewith;  and  all  of  the  pro- 
visions of  this  act  extending  authority  to  or  imposing  duties  or  obliga 
tions  upon  the  city  clerk,  clerk  of  the  city  council  or  clerk  of  the  coun- 
cil ^^hall  a[)[ily  with  equal  force  to  the  county  clerk.  Wherever  the 
terms  "city  treasury"  or  "municipal  treasury"  shall  appear  in  this  act, 
they  shall  be  an<l  are  hereby  defined  as  including  the  county  treasury, 
ami  are  hereby  expressly  declared  to  be  interchangeable  with  any  or 
either  of  these  terms.  Wherever  the  terms  "treasurer"  or  "city  treas- 
urei"  shall  appear  in  this  act,  they  shall  be  and  are  hereby  defined 
as  in'iniling  the  county  treasurer  of  a  county,  and  are  hereby  expressly 
declared  to  be  interchangeable  therewith;  and  all  of  the  provisions  of 
this  act  extending  authority  to  or  imposing  duties  or  obligations  upon 
the  treasurer  or  city  treasurer  shall  apply  with  equal  force  to  the  countv 
treasurer.  Wherever  the  terms  "mayor"  or  "mayor  of  said  city"  sh:ill 
a[)pear  in  this  act,  they  shall  be  and  are  hereby  defined  as  inclmliiig 
the  chairman  of  the  board  of  sujiervisors  of  a  county,  and  are  expressly 
decl.-ired  to  be  interchangealde  therewith;  and  all  of  the  provisions  of 
tliis  act  extending  authority  to  or  imjiosing  <luties  or  obligations  upon 
the  mayor  or  mayor  of  said  city  shall  a|>ply  with  equal  force  to  the 
chairman  of  the  board  of  supervisors.  [New  section  approved  Mav  30, 
10i:5;   Stats.   1913,  p.   3.^6.] 

County  street  superintendent.     Compensation. 

§  85.  'I'he  board  ol  suptT\  isors  of  any  county  in  which  it  is  desired 
to  perform  work  under  the  provi.^ions  of  this  act  shall  be  and  they 
are  hereby  authorized  to  appoint  a  person  to  be  known  as  the  street 
su]ierintende:it  of  the  said  county  who  shall  have  all  of  the  authority 
and  perform  all  of  the  duties  and  obligations  herein  imposed  upon  the 
street  superintendent,  and  shall  be  considered  as  designated  wherever 
tlie  words  "street  superintendent"  or  "superintendent  of  streets"  are 
used  in  this  act;  and  the  board  of  supervisors  may  apfwint  as  many 
deputies  for  the  said  street  su|>erintendent  of  the  county  as  in  their 
judgment  may  be  proper  and  necessary,  the  said  street  superintendent 
to  receive  a  com{>ensation  of  six  dollars  per  day,  and  his  deputies  to 
receive  a  compensation  of  four  dollars  per  day  for  their  time  actually 
expended.     The  office  of  the  street  superintendent  shall  be  the  office  of 


'2079  STREETS.  Act  3937,  §§  86-88 

the  county  surveyor,  and,  at  any  time  when  no  work  is  actually  boing 
conducted  under  the  provisions  of  this  act,  or  when  the  street  superin- 
tendent shall  not  be  in  his  office,  the  county  surveyor  shall  have  charge 
of  the  records  in  the  street  superintendent's  office  and  perform  such 
duties  as  are  herein  imposed  upon  the  street  superintendent,  and  have 
such  other  authority  as  is  herein  granted  to  the  street  superintendent; 
and  all  of  the  provisions  of  this  act  extending  authority  to  or  imposing 
duties  or  obligations  upon  the  street  superintendent  or  superintendent  of 
streets  shall  ajiply  with  equal  force  to  the  superintendent  of  streets  ap 
pointed  bv  the  board  of  supervisors.  [New  section  approved  May  30, 
1913;   Stats.    1918,   p.  357.] 

Phraseology   of   bonds   changed. 

§  86.  In  any  bonds  provided  to  be  issued  under  the  terms  of  this 
act,  the  phraseology  of  the  said  bonds  shall  be  changed  to  conform  to 
the  designation  of  a  county  instead  of  city,  and  the  officers  herein- 
licfore  mentioned  on  the  part  of  the  county  shall  be  and  they  are  hereby 
authorized  to  perform  all  of  the  duties  herein  by  the  provisions  of  this 
act  or  the  provisions  of  the  said  bond  specified  to  be  performed.  [New 
section  approved  May  30.   1913;  Stats.  1913,  p.  357.] 

Payment  from  general  fund. 

§  87.  If  the  board  of  supervisors  shall  determine  that  the  whole  or 
any  jiart  of  the  cost,  and  expenses  of  the  work  mentioned  in  this  act 
shall  be  paid  out  of  the  treasury  of  the  county,  such  payment,  or  any 
part  of  the  same,  may  be  made  from  the  general  fund  of  the  county  or 
i^eneral  road  fund  of  the  county,  or  from  the  road  district  fund  of  the 
Kiad  district  in  which  the  said  improvement  shall  be  constructed.  [New 
section  approved  May   30,   1913;   Stats.   1913,  p.  .358.] 

Highway  lighting  system.  Ordinance  to  describe  district.  Tax  for 
maintenance. 
§  88.  If  any  public  highway  lighting  system  shall  be  installed  under 
the  provisions  of  this  act,  the  board  of  supervisors  may,  by  ordinance, 
provide,  at  any  time  before,  after  or  during  the  proceedings  under  this 
act,  that  the  cost  of  maintaining  the  said  public  highway  lighting  sys- 
tem, including  the  cost  of  necessary  repairs,  replacements,  fuel,  current, 
care  and  other  items  of  like  nature,  shall  be  paid,  either  partly  or 
wholly,  by  the  district  upon  which  the  assessment  shall  be  levied  to 
jiay  the  cost  of  the  installation  of  the  same.  The  ordinance  shall  con- 
tain a  description  of  the  district  to  be  assessed  to  pay  for  the  installa- 
tion of  the  said  lighting  system  and  to  be  assessed  to  pay  for  the 
maintenance  thereof,  and  also  shall  contain  a  designation  or  name  of 
the  said  district  by  which  it  may  be  referred  to  in  all  subsequent  pro- 
ceedings, and  a  copy  of  the  said  ordinance  shall  be  filed  in  the  office  of 
the  county  assessor.  The  county  assessor  shall  thereafter,  m  making 
np  the  assessment-roll,  segregate  the  property  included  within  the  dis- 
trict  described   in   the   said   ordinance   on   the   assessment-roll   under   the 


Act  3937a,  §  1  general  laws.  20S0 

designation  contained  in  the  said  ordinance.  The  board  of  8ur>€rvisor8 
shall  thereafter,  in  each  year  prior  to  the  time  of  fixing  the  county  tax 
rate,  estimate  the  cost  of  maintaining  the  said  public  highway  lighting 
system  during  the  ensuing  year,  and  shall  decide  whether  or  not  the 
cost  of  thf  same  shall  be  borne  wholly  or  partially  by  the  said  asses? 
raent  district,  and  shall,  in  ad<lition  to  all  other  taxes,  fix  a  special  tax 
rate  for  the  property  within  said  assessment  district  sufficient  to  raise 
an  amount  of  money  to  cover  all  of  the  portion  of  the  expense  of  main- 
taining the  said  public  highway  lighting  system  to  be  borne  by  said 
district  as  the  board  of  sujjervisorg  may  determine.  [New  section  a; 
proved  May  30,  1913;  Stats.  1913,  p.  358.J 

Names  for  roads. 

§  89.  The  board  of  supervisors  of  .any  county  are  hereby  anthorir.cd 
by  ordinance  to  adopt  a  name  for  any  road,  highway,  avenue  or  other 
jiublic  way  in  the  county  for  which  a  name  has  not  been  provided  under 
the  provisions  of  section  2636  of  the  Political  Code,  and  are  hereby 
authorized  by  ordinance  to  establish  the  official  grade  of  any  road, 
highway,  avenue  or  other  public  way  in  the  county  for  which  no  official 
grade  has  theretofore  been  established  bv  ordinance.  [New  section  ap- 
proved May  30,  1913;   Stats.   1913,  p.  358.] 

Act  not  affected. 

This  act  shall  not  be  construed  as  amending  or  repealing  the  provisions 
of  an  act  of  the  legislature,  entitled,  "An  act  re4ating  to  the  liability 
of  public  offii'ers  for  damages  resulting  from  defects  and  dangers  in 
streets,  highways,  public  buildings,  public  work  or  property";  nor  as 
in  any  way  limiting,  modifying  or  (pialifying  the  operation  of  the  pro- 
visions  thereof. 

ACT  3937a. 

An  act  to  provide  for  work  ujion  streets,  avenues,  lanes,  alleys,  courts 
and  places  forming  the  exterior  boundaries  of  any  nuinicipality, 
whether  partly,  or  wholly,  within  or  without  saiil  boundnries,  and 
providing  for  the  construction  of  sewers,  drains  and  sidewalks 
thereon  and   in  connection  therewith. 

[Approved  April  21,   1911.     Stats.   1911,  p.  1018.] 
Ampndi'd   1913.  p.   371. 

Streets  forming  boundaries  of  cities  deemed  public  streets. 

§  1.  .-Ml  streets,  avenues,  lanes,  alleys,  eourts,  or  places  forming  the 
exterior  boundaries  of  any  municipality  of  this  state,  whether  p:trtly, 
or  wholly,  within  or  without  said  boundaries,  now  open  or  dedicated,  OT 
which  may  hereafter  be  ojn^ned  or  dedicated  to  public  use,  shall  be 
deemed  and  held  to  be  open  public  streets,  avenues,  lanes,  alleys,  places 
or  courts  for  the  purposes  of  this  act,  and  the  city  council  of  each  muni<'i 
palitv,  and  the  hoard  of  supervisors  of  the  county  in  which  said  mnni>  i 
pality   is   located,   are    hereby   empowered   to    establish   and   change    the 


-"■^1  STREETS.  Act  3937a,  §§  2-4 

I  !es   of  said   streets,  lanes,  alleys,  avenues,  places,   or  courts,  and  fix 
width  tlieroof,  and  are  hereby  invested  with  jurisdiction  to  order  to 
i..    done  thereon  any  of  the  work  mentioned  in  section  2  of  this  act,  under 
till'    proceedings    hereinafter    described. 

Council  and  supervisors  may  order  such  streets  improved. 

§  2.  Whenever  the  public  interest  or  convenience  may  require,  said 
council  and  said  board  of  supervisors  are  hereby  authorized  and  em- 
powered to  order  the  whole,  or  any  portion,  either  in  length  or  width,  of 
any  streets,  avenues,  lanes,  alleys,  places  or  courts  forming  the  exterior 
boundaries  of  any  municipality,  whether  partly,  or  wholly,  within  or 
without  said  boundaries,  graded  or  regraded  to  the  official  grade,  planked 
or  replankcd,  paved  or  rcpaved,  macadamized  or  reniacadamized,  grav- 
eled, or  regravelcd,  piled  or  repilcd,  capped  or  recapped,  oiled  or  reoiled, 
sewered  or  resewered,  and  to  order  sidewalks,  manholes,  culverts,  bridges, 
cesspools,  gutters,  tunnels,  curbing  and  crosswalks  to  be  constructed 
therein,  and  to  order  storm-water  ditches,  channels,  breakwaters,  levees 
or  walks  of  rock  or  other  material  to  protect  the  same  from  overflow  or 
injury,  and  to  order  any  other  work  to  be  done,  which  shall  be  necessary 
to  complete  the  whole,  or  any  portion  of  said  streets,  avenues,  lanes, 
alleys,  courts,  places  or  sidewalks,  and  they  may  order  any  of  said  work 
to  be  improved;  and  also  to  order  a  sewer  or  sewers  with  outlets  for 
drainage  or  sanitary  purposes,  in,  over,  or  through  any  right  of  way 
granted   or  obtained   for  such  purposes. 

Council  and  supervisors  have  concurrent  jurisdiction. 

§  3.  The  council  of  each  municipality,  and  the  board  of  supervisors  of 
the  county  in  which  said  municipality  is  located,  shall  have  concurrent 
jurisdiction  of  all  proceedings  under  this  act,  and  the  council,  or  board, 
passing  the  resolution  of  intention  hereinafter  provided  for  shall  there- 
affer  have  exclusive  jurisdiction  of  all  work  and  proceedings  covered  by 
said  resolution,  except  as   herein  otherwise  provided. 

Posting  and  publication  of  resolution  of  intention.  Majority  may  object. 
Plans  and  estimates.  When  expense  chargeable  against  district. 
§  i.  Before  ordering  any  work  done,  or  improvement  made,  which  is 
nuthorized  by  section  2  of  this  act,  the  said  council,  or  the  said  board 
of  supervisors,  shall  pass  a  resolution  of  intention  so  to  do  and  describing 
tlie  work,  which  shall  be  posted  conspicuously  for  two  days  on  or  near 
the  chamber  door  of  said  council,  or  board,  and  published  by  two  inser- 
tions in  one  or  more  daily,  semi-weekly,  or  weekly  newspapers  published 
and  circulated  in  said  municipality,  and  designated  by  said  council,  or 
board,  for  that  purpose.  The  street  superintendent  of  said  municipality, 
when  the  resolution  is  passed  by  said  coimcil,  or  the  county  surveyor, 
when  the  resolution  is  passed  by  said  board,  shall  thereupon  cause  to  be 
conspicuously  posted  along  the  line  of  said  contemplated  work  or  im- 
provement, at  not  more  than  one  hundred  feet  in  distance  apart,  but 
not  less  than  three  in  all,  or  when  the  work  to  be  done  is  only  upon  an 
131 


Act  3937a,  §  4 


GENERAL  LAWS. 


2082 


entire  crossing,  or  any  part  thereof,  in  front  of  eact  quarter  block  and 
irregular  blofk  liable  to  be  assessed,  notices  of  the  passage  of  said  reso- 
lution. Said  notice  shall  be  headed  "Notice  of  Street  Work,"  in  letters 
of  not  less  tiian  one  inch  in  length,  and  shall,  in  legible  characters,  state 
the  fact  of  the  passage  of  the  resolution,  its  date,  and  briefly  the  work 
or  improvement  proposed,  and  refer  to  the  resolution  for  further  particu- 
lars. He  shall  also  cause  a  notice,  similar  in  substance,  to  be  publish.  1 
for  six  days  in  one  or  more  daily  newspapers  published  and  circulated 
said  municipality,  and  designated  by  said  council,  or  board,  or  in  rauni*  i- 
palities  where  there  is  no  daily  newspaper,  by  one  insertion  in  a  semi- 
weekly  or  weekly  newspaper  so  published,  circulated  and  designated.  In 
case  there  is  no  such  paper  published  in  said  municipality,  said  notice 
shall  be  posted  for  six  days  on  or  near  the  chamber  door  of  said  council, 
or  board,  and  in  two  other  conspicuous  places  in  said  municipality.  Tt  • 
owners  of  a  majority  of  the  frontage  of  the  proj>erty  fronting  on  sa  ' 
proposeil  work  or  improvement,  where  the  same  is  for  one  block  or  more, 
may  iiiiike  a  written  objection  to  the  same  within  ten  days  after  the  ex- 
piration of  tiie  time  of  the  publication  and  posting  of  said  notice,  whi'^b 
objection  shall  be  delivered  to  the  clerk  of  the  council,  or  board,  w: 
shall  indorse  thereon  the  date  of  its  reception  by  him.  Said  council,  i  r 
board  shall,  at  its  next  meeting,  fix  a  time  for  hearing  said  objections 
not  less  than  one  week  thereafter.  The  clerk  of  said  council,  or  board, 
shall  thereupon  notify  the  persons  making  such  objections,  by  depositing 
a  notice  of  the  time  and  place  fixed  for  the  hearing  of  said  objections 
in  the  ]>ostofl[i(e  of  Faid  municipality,  postage  prepaid,  addressed  to  each 
objector,  or  his  agent,  when  he  appears  for  such  objector.  At  the  time 
specified  said  council,  or  board,  shall  hear  the  objections  urged,  and  pass 
upon  tlie  same,  and  its  decision  thereon  shall  be  final  and  conclusive,  .^t 
the  exjiiration  of  twenty  days  after  the  expiration  of  the  time  of  said 
publication  of  said  notice  given  by  said  street  superintenclent,  or  county 
surveyor,  and  at  the  expiration  of  twenty-five  days  after  the  advertising 
and  i>ostiiig.  as  aforesaid,  of  any  resolution  of  intention,  if  no  written 
objection  to  the  work  therein  described  has  been  delivered,  as  aforesaid, 
by  the  owi\era  of  the  majority  of  the  frontage  of  the  property  fronting 
on  said  proposed  work  or  improvement  or  if  any  written  objeotion  has 
been  oveirnled  by  the  said  council,  or  board,  the  said  council,  or  board, 
shall  bo  ileemed  to  have  acquired  jurisdiction  to  order  any  of  the  work 
to  be  (lone,  or  improvement  to  be  made,  which  is  authorized  by  this  act; 
which  order  or  resolution,  when  made,  shall  be  published  for  two  days, 
the  same  as  provided  for  the  publication  of  the  resolution  of  intention. 
Before  passing  any  resolution  for  the  construction  of  said  improvements, 
plans  and  s|>ecifications  anil  careful  estimates  of  the  costs  and  exjvnses 
thereof  shall  be  furnished  to  said  council,  or  board,  if  required,  by  the 
city  engineer  of  said  municipality,  or  the  county  surveyor,  and  for  the 
work  of  constructing  sewers,  specifications  shall  always  be  furnished  by 
him.  Whenever  the  contemplated  work  of  improvement,  in  the  opinion 
of  the  council,  or  board,  is  of  more  than  local  or  ordinary  public  benefit, 
or  whenever,  according  to  estimate  to  bo  furnished  by  the  city  engineer, 


2083  STREETS.         Act  3937a,  §§  5, 6 

or  county  surveyor,  the  total  estimated  costs  and  expenses  thereof  would 
exceed  one-half  of  the  total  assessed  value  of  the  lots  and  lands  assessed, 
if  assessed  upon  the  lots  or  land  fronting  upon  said  proposed  work  or 
improvement,  according  to  the  valuation  fixed  by  the  last  assessment-roll 
whereon  it  was  assessed  for  taxes  for  county  purposes,  and  allowing  a 
reasonable  depth  from  such  frontage  for  lots  or  lands  assessed  in  bulk, 
tlie  council,  or  board,  may  make  the  expense  of  such  work  or  improve- 
ment chargeable  upon  a  district,  which  the  said  council,  or  board,  shall, 
in  its  resolution  of  intention,  declare  to  be  the  district  benefited  by  said 
work  or  improvement,  and  to  be  assessed  to  pay  the  costs  and  expenses 
thereof.  Objections  to  the  extent  of  the  district  of  lands  to  be  affected 
or  benefited  by  said  work  or  improvement,  and  to  be  assessed  to  pay  the 
costs  and  expenses  thereof,  may  be  made  by  interested  parties  in  writing, 
within  ten  days  after  the  expiration  of  the  time  of  the  publication  of 
the  notice  of  the  passage  of  the  resolution  of  intention.  The  council,  or 
board,  shall,  at  its  next  meeting,  fix  a  time  for  hearing  said  objections 
not  less  than  one  week  thereafter.  The  clerk  thereof  shall  thereupon 
notify  the  persons  making  such  objections  by  depositing  a  notice  thereof 
in  the  postoffice  of  said  municipality,  postage  prepaid,  addressed  to  each 
objector.  At  the  time  specified  the  council,  or  board,  shall  hear  the  ob- 
jections urged,  and  pass  upon  the  same,  and  its  decision  shall  be  final 
and  conclusive.  If  the  objections  are  sustained,  all  proceedings  shall  be 
stopped;  but  proceedings  may  be  immediately  again  commenced  by  giv- 
ing the  notice  of  intention  to  do  the  said  work  or  make  said  improve- 
ments. If  the  objections  are  overruled  by  the  council,  or  board,  the 
proceedings  shall  continue  the  same  as  if  such  objections  had  not  been 
made. 

Majority  of  owners  may  petition. 

§  5.  The  owners  of  a  majority  in  frontage  of  lots  and  lands  fronting 
on  any  street,  avenue,  lane,  alley,  place  or  court,  or  of  lots  or  lands  liable 
to  be  assessed  for  the  expense  of  the  work  petitioned  to  be  done,  or  their 
duly  authorized  agents,  may  petition  the  council,  or  board,  to  order  any 
of  the  work  mentioned  in  this  act  to  be  done,  and  the  council,  or  board, 
may  order  the  work  mentioned  in  said  petition  to  be  done,  after  notice 
of  its  intention  so  to  do  has  been  posted  and  published  as  provided  in 
section  4  of  this  act. 

Notice  inviting  bids.     Certified  check.     Bids,  contracts,   etc. 

§  6.  Before  the  a.warding  of  any  contract  by  the  council,  or  board, 
for  doing  any  work  "authorized  by  'this  act,  the  councij,  or  board,  shall 
cause  notice,  with  specifications,  to  be  posted  conspicuously  for  five  days 
■  on  or  near  the  council,  or  board,  chamber  door,  inviting  sealed  proposals 
or  bids  for  doing  the  work  ordered,  and  shall  also  cause  notice  of  said 
work,  inviting  said  proposal,  and  referring  to  the  specifications  posted 
or  on'  file  to  be  published  for  two  days  in  a  daily,  semi-weekly,  or  weekly 
newspaper  published  and  circulated  in  said  municipality,  designated  by 
the  council,  or  board,  for  that  purpose,  and  in  case  there  is  no  newspaper 
published  in   said   municipality,  then  it   shall   only  be   posted  as  herein- 


Act  3937a,  §  6 


GENERAL  LAWS. 


2084 


before  provided.  All  proposals  or  bids  offered  sliaTl  be  aerompanied  by 
a  cbefk  jiayable  to  the  order  of  the  mayor  of  the  niuDioij)aIity,  or  presi- 
dent of  the  board  of  supervisors,  certified  by  a  responsible  bank,  for  an 
amount  whifh  sliali  not  be  less  than  ten  per  cent  of  the  aggregate  of 
the  i>roposal,  or  by  a  bond  for  the  said  amount  and  so  payable,  signed  by 
the  bidder  and  by  two  surtvties,  who  shall  justify,  before  any  officer  com 
petent  to  administer  an  oath,  in  double  the  said  amount,  over  and  above 
all  statutory  exemptions.  Said  proposals  or  bids  shall  be  delivered  to  the 
clerk  of  said  council,  or  board,  and  said  council,  or  board,  shall,  in  ojien 
session,  examine  and  publicly  declare  the  same;  provided,  however,  that 
no  proposal  or  bid  shall  be  considered  unless  accompanied  by  said  check 
or  bond  satisfactor}-  to  the  council,  or  board.  The  council,  or  board,  may 
reject  any  and  all  jToposals  or  bids  should  it  deem  this  for  the  public 
pood,  and  also  the  bid  of  any  party  who  has  been  delinquent  and  un- 
faithful in  any  former  contract  with  the  municipality  or  county,  and  shall 
reject  all  proposals  or  bids  other  than  the  lowest  regular  proposal  or  bid 
of  any  responsible  bidder,  and  may  award  the  contract  for  said  work 
or  improvement  to  the  lowest  responsible  bidder  at  the  prices  named  in 
his  bid.  If  not  approved  by  the  council,  or  board,  without  further  pro- 
ceedings, the  council,  or  board,  may  readvertise  for  proposals  or  bids 
for  the  performance  of  the  work  as  in  the  first  instance,  and  thereafter 
proceed  in  the  manner  in  this  section  provided,  and  shall  thereupon 
return  to  the  proper  parties  the  respective  checks  and  bonds  corres;  :  1 
ing  to  the  bid  so  rejected.  But  the  checks  accompanying  such  act -^  •  i 
proposals  or  bids  shall  be  held  by  the  clerk  of  said  council,  or  boarii, 
until  the  contract  for  doing  said  work,  as  hereinafter  provided,  has  been 
entered  into,  cither  by  said  lowest  bidrler  or  by  the  owners  of  three 
fourths  part  of  the  frontage,  whereujton  said  certifie*!  check  shall  be  re- 
turned  to  said  bidiler.  But  if  said  bidder  fails,  neglects  or  refuses  to 
enter  into  the  contract  to  perform  said  work  or  improvement,  as  here- 
inafter proviiicd,  then  the  certified  check  accompanying  his  bid  and  the 
;imount  therein  mentioned,  sh:ill  be  declared  to  be  forfeited  to  said 
municipality,  or  county,  and  shall  be  colie<'ted  by  it  and  paid  into  its 
funii  for  rei>airs  of  streets,  avenues,  lanes,  alleys,  courts  and  plaees 
htreiii  mentioned,  and  any  bond  forfeited  may  be  projiecuted,  and  the 
amount  due  thereon  collected  and  i>aiil  into  said  fund.  Notice  of  snch 
awards  of  contracts  shall  be  postpil  for  five  days,  in  the  same  manner 
ns  hereinbefore  provided  for  the  posting  of  proposals  for  saiil  work,  and 
sh.Tll  be  published  for  two  days  in  a  daily  newspaper  published  and  cir- 
culated in  said  municipality  and  designated  by  said  council,  or  board, 
or  in  municipalities  where  there  is  no  daily  newspaj^er,  by  one  insertion 
in  a  semi-weekly  or  weekly  newspaper  so  published,  circulated  and  des- 
ignated; provided,  however,  that  in  case  there  is  no  newspaper  printed 
or  published  in  any  such  municipality,  then  such  notice  of  award  shall 
oulv  be  kept  posted  ns  hereinbefore,  proviiled.  The  owners  of  three- 
fourths  of  the  frontage  of  lots  and  lands  upon  the  street  whereoa  said 


2085  STREETS.  Act  3937a,  §  6 

work  is  to  he  done,  or  their  agents,  and  who  shall  make  oath  that  they 
are  such  owners  or  agents,  shall  not  be  required  to  present  sealed  pro- 
posals or  bids,  but  may,  within  ten  days  after  the  first  posting  and  pub- 
lication of  said  notice  of  said  award,  elect  to  take  said  work  and  enter 
into  a  written  contract  to  do  the  whole  work  at  the  price  at  which  the 
same  has  been  awarded.  Should  the  said  owners  fail  to  elect  to  take  said 
work,  and  to  enter  into  a  written  contract  therefor  within  ten  days, 
or  to  commence  the  work  within  fifteen  days  after  the  first  posting  and 
publication  of  said  award,  and  to  prosecute  the  same  with  diligence  to 
completion,  it  shall  be  the  duty  of  the  superintendent  of  streets,  or 
county  surveyor,  to  enter  into  a  contract  with  the  original  bidder  to 
whom  the  contract  was  awarded,  and  at  the  prices  specified  in  his  bid. 
But  if  such  original  bidder  neglects,  fails  or  refuses,  for  fifteen  days 
after  the  first  posting  and  publication  of  the  notice  of  award,  to  enter 
into  the  contract,  then  the  council,  or  board,  without  further  proceedings, , 
shall  again  advertise  for  proposals  or  bids,  as  in  the  first  instance,  and 
award  the  contract  for  said  work  to  the  then  lowest  regular  bidder. 
The  bids  of  all  persons  and  the  election  of  all  owners,  as  aforesaid, 
who  have  failed  to  enter  into  the  contract  as  herein  provided,  shall  be 
rejected  in  any  bidding  or  election  subsequent  to  the  first  for  the  same 
work.  If  the-  owner,  or  contractor,  who  may  have  taken  any  contract, 
does  not  complete  the  same  within  the  time  limited  in  the  contract,  or 
within  such  further  times  as  the  council,  or  board,  may  give  them,  the 
superintendent  of  streets,  or  county  siirveyor,  shall  report  such  delin 
quency  to  the  council,  or  board,  which  may  relet  the  unfinished  portion 
of  said  work,  after  pursuing  the  formalities  prescribed  hereinbefore  for 
the  letting  of  the  whole  in  the  first  instance.  All  contractors,  contract- 
ing owners  included,  shall,  at  the  time  of  executing  any  contract  for 
street  work,  execute  a  bond  to  the  satisfaction  and  approval  of  the 
superintendent  of  streets,  or  county  surveyor,  with  two  or  more  sureties 
and  payable  to  such  municipality,  or  county,  in  such  sums  as  the  coun- 
cil, or  board,  shall  deem  adequate,  conditioned  for  the  faithful  perform- 
ance of  the  contract;  and  the  sureties  shall  justify  before  any  person 
competent  to  administer  an  oath,  in  double  the  amount  mentioned  in 
said  bond,  over  and  above  all  statutory  exemptions.  Before  being  en- 
titled to  a  contract,  the  bidder  to  whom  the  award  was  made,  or  the 
owners  who  have  elected  to  take  the  contract,  must  advance  to  the 
superintendent  of  streets,  or  county  surveyor,  for  payment  by  him,  the 
cost  of  publication  of  the  notices,  resolutions,  orders,  or  other  incidental 
expenses  and  matters  required  under  the  proceedings  described  in  this 
act,  and  such  other  notices  as  may  be  deemed  requisite  by  the  council,  or 
board.  And  in  case  the  work  is  abandoned  by  the  council,  or  board, 
before  the  letting  of  the  contract,  the  incidental  expenses  incurred 
previous  to  such  abandonment  shall  be  paid  out  of  the  treasury  of  the 
municipality,  or  county. 


Act  3937a,  §§7,8 


GENERAL  LAWS. 


208G 


Duties  of  superintendent  of  streets. 

§  7.  The  supcrinteiKicnt  of  streets,  or  county  surveyor,  is  hprcV>y 
authorized,  in  his  official  capacity,  to  make  all  written  contracts,  and 
receive  all  bonds  authorized  by  this  act.  i^nd  to  do  any  other  act,  either 
cx[(res8  or  implied,  that  pertains  to  the  street  departpient  under  this  act; 
and  he  shall  fix  the  time  for  the  commencement,  which  shall  not  be  more 
than  fifteen  days  from  the  date  of  the  contract,  and  for  the  completion 
of  the  work  under  all  contracts  entered  into  by  him,  which  work  shall 
1)6  prosecuted  with  diligence  from  day  to  day  thereafter  to  completion, 
;uid  he  may  extend  the  time  so  fixed  from  time  to  time,  uttder  the  direc- 
tion of  the  council,  or  board.  The  work  provided  for  in  section  2  of  this 
act  must,  in  all  cases,  be  done  under  the  direction  and  to  the  satisfaction 
of  the  suj>erinteudent  of  streets,  or  county  surveyor,  and  the  materials 
used  shall  comply  with  the  specifications  and  be  to  the  satisfaction  of 
.■faid  sniioriDtendent  of  streets,  or  county  surveyor,  and  all  contracts  made 
therefor  must  contain  a  provision  to  that  effect,  and  also  express  notice 
that,  in  no  case,  except  where  it  is  otherwise  provided  in  this  act.  will 
the  municijiality,  or  county,  or  any  ofTicer  thereof,  be  liable  for  any  j»or- 
tiop  of  the  expense,  nor  for  any  delim^uency  of  persons  or  property 
assessed.  The  council,  or  board,  m.iy,  by  ortlinance,  prescribe  general 
rules  directing  the  superintendent  of  streets,  or  county  surveyor  and  the 
contractor,  as  to  the  materials  to  be  used,  and  the  mode  of  executing  the 
work,  under  all  contracts  thereafter  made.  The  assessment  and  apfMir- 
tionriient  of  the  expenses  of  all  such  work  or  improvement  shall  be  made 
by  the  superintenilent  of  streets,  or  county  surveyor,  in  the  mode  herein 
])rovided. 

Contractor's  bond  covering  labor  and  materials. 

§  8.  I'lvery  contractor,  person,  com|':iiiy,  or  corporation.  inclu<ring 
contracting  owners,  to  whom  is  awarded  any  contract  for  street  work 
under  this  act,  shall,  before  executing  the  said  contract,  file  with  the 
sujierintendent  of  streets,  or  county  surveyor,  a  good  anu  suflRcient 
bond,  approved  by  him,  in  a  sum  not  less  than  onohalf  of  the  total 
amount  jiaynMe  according  to  the  terms  of  said  contract,  such  bond  shall 
be  made  to  inure  to  the  benefit  of  any  and  all  i>ersons,  companies,  or  cor- 
porations who  perform  labor  on.  or  furnish  materials  to  be  used  in  the 
said  work  of  improvement,  aud  shall  provide  th;it  if  the  contractor,  per- 
son, company,  or  corjioration  to  whom  saiil  contract  was  awarded  fails  to 
pay  for  any  materials  so  furnished  for  the  said  work  of  improvement,  or 
for  any  work  or  labor  done  thereon  of  any  kind,  that  the  sureties  will 
pay  the  same,  to  an  amount  not  exceeding  the  sum  specified  in  said  bond. 
Any  materialman,  person,  company  or  corporation,  furnishing  materials 
to  be  used  in  the  performance  of  said  work  specified  in  said  contract,  or 
who  performed  work  or  labor  upon  the  said  improvement,  whose  claim 
has  not  been  paid  by  the  said  contractor,  company,  or  corporation,  to 
whom  the  said  contract  was  awarded,  may,  within  thirty  days  from  the 
time    said    improvement    is    com|ileted,    file    with    the    superintendent    of 


2087  STREETS.  Act  3937a,  §  9 

streets  or  county  surveyor,  a  verified  statement  of  his  or  its  claim, 
together  with  a  statement  that  the  same,  or  some  part  thereof,  has  not 
been  paid.  At  any  time  within  ninety  days  after  the  filing  of  such  claim, 
the  person,  company,  or  corporation  filing  the  same,  or  their  assigns, 
may  commence  an  action  on  said  bond  for  the  recovery  of  the  amount 
due  on  said  claim,  together  with  the  costs  incurred  in  said  action,  and  a 
reasonable  attorney  fee,  to  be  fixed  by  the  court,  for  the  prosecution 
thereof. 

Assessment  of  expenses. 

§  9.  Sul).  1.  The  expenses  incurred  for  any  work  authorized  by  this 
act  (which  expense  shall  not  include  the  cost  of  any  work  done  in  such 
portion  of  any  street  as  is  required  by  law  to  be  kept  in  order  or  repair 
by  any  person  or  comjiany  having  railroad  tracks  thereon,  nor  include 
work  which  shall  have  been  declared  in  the  resolution  of  intention  to  be 
assessed  on  a  district  benefited)  shall  be  assessed  upon  the  lots  and  lands 
fronting  thereon,  except  as  hereinafter  specifically  provided;  each  lot  or 
portion  of  a  lot  being  separately  assessed,  in  proportion  to  the  frontage, 
at  a  rate  per  front  foot  sufiScient  to  cover  the  total  expense  of  the  work. 

Expenses  after  completion  to  be  borne  by  city. 

Sub.  2.  The  expense  of  all  improvements,  until  the  streets,  avenues, 
street  crossings,  lanes,  alleys,  places,  or  courts,  are  finally  accepted,  as 
provided  in  section  18  of  this  act  shall  be  assessed  upon  the  lots  and 
lands,  as  provided  in  this  section,  according  to  the  nature  and  character 
of  the  work.  And  after  such  acceptance  the  expense  of  all  work  there- 
after done  on  the  portion  thereof  lying  within  the  municipality  shall  be 
paid  by  said  municipality  out  of  the  street  department  fund,  and  all  work 
thereafter  done  on  the  portion  thereof  lying  without  the  boundaries  of 
the  municipality  shall  be  paid  by  said  county  out  of  the  general  road 
fund,  and  if  at  any  time  thereafter  the  portion  thereof  lying  without  the 
boundaries  of  the  said  municipality  shall  be  included  within  its  bound- 
aries, then  the  expense  of  all  work  thereafter  done  thereon  shall  be  paid 
by  said  municipality,  out  of  the  said  street  department  fund. 

Main  street  crossings. 

Sub.  3.  The  expense  of  the  work  done  on  main  street  crossings  shall 
be  assessed  at  a  uniform  rate  per  front  foot  of  the  quarter  blocks  and 
irregular  blocks  adjoining  and  cornering  upon  the  Crossings,  and  sepa- 
rately upon  the  whole  of  each  lot  or  portion  of  a  lot  having  any  frontage 
in  the  said  blocks  fronting  on  said  main  streets,  halfway  to  the  next 
main  street  crossing,  and  three  hundred  feet  on  blocks  where  no  such 
crossing  intervenes  within  six  hundred  feet  of  such  street  crossing,  but 
onJy  according  to  its  frontage  in  5aid  quarter  blocks  and  irregular  blocks. 

One  main  street  terminating  in  another. 

Sub.  4.  Where  a  main  street  terminates  in  another  main  street,  the 
expenses  of  the  work  done  on  one-half  of  the  width  of  the  street  opposite 


Act  3937a,  §  9  general  laws  20S8 

the  termination  shall  be  assessed  upon  the  lots  in  each  of  the  two  quarter 
blocks  adjoining  and  corneringf  on  the  same,  according  to  the  frontage  of 
euch  lots  on  said  main  street;  provided,  that  lots  and  land?  more  th:iii 
three  hundred  feot  from  such  termination  on  such  cross  street  shall  not 
he  assessed  for  any  [lortion  of  such  ex[iense  at  siuh  termination,  and  ihi- 
expense  of  the  oth^^r  half  of  the  width  of  said  street  upon  the  lot  or  lots 
fronting  on  the  latter  half  of  the  street  at  such  termination. 

Alley  crossings. 

Sub.  5.  \\'h('re  an  alley  or  subdivision  street  crosses  a  main  street, 
the  expense  of  all  work  done  on  said  crossing  shall  be  assessed  on  all  lots 
or  portions  of  lots  halfway  on  said  alley  or  subdivision  street  to  the  next 
crossing  or  intersection,  or  to  the  end  of  such  alley  or  subdivision  street, 
if  it  does  not  meet  another. 

Expense  of  work  done  on  alley  or  subdivision  street  crossings. 

Sub.  6.  The  expense  of  work  done  on  alley  or  subdivision  street  cross- 
ings shall  be  assessed  upon  the  lots  fronting  upon  such  alley  or  subdivi- 
sion streets  on  each  side  thereof,  in  all  directions,  halfway  to  the  next 
street,  place  or  court,  on  either  side,  respectively,  or  to  the  end  of  such 
alley  or  subdivision  street,  if  it  does  not  meet  another;  provided,  that 
lots  and  lands  more  than  three  hundred  feet  from  such  crossing  on  such 
alley  or  subdivision  street  shall  not  be  assessed  therefor. 

One  alley  terminating  in  another. 

Sul).  7.   \\  here  a  subdivision  street,  avenue.  Inne,  alley,  place,  or  court 
terminates  in  another  street,  avenue,  lane,  alley,  place  or  court,  the  ex 
pcnse  of  the  work  done  on  one  half  of  the  width  of  the  subdivision  stroi  •. 
avenue,  lane,  alley,  place,  or  court  opposite  the  termination,  shall  be  :i 
sessed  upon  the  lot  or  lots  fronting  on  such  subdivision  street,  or  aven  ,■ 
lane,    alley,    ]dace,    or    court    so    terniin.nting,    according    to    its    front;i_' 
thereon,   halfway   on   each   side   respectively   to   the   next   street,  avenu' 
lane,  alley,  court,  or   place,   or  to   the  end   of  such  street,  avenue,  la' 
alley,  place,  or  court,  if  it  does  not  meet  another;  provided,  that  lots  :ii 
lands   located    more    than    three    hundred    feet    from    such    termination    ■ 
such  subdivision  street  shall  not  be  assessed  therefor,  and  the  other  oi.. 
half  of   the   width   upon   the   lots   fronting  such   termination. 

Work  done  on  one  side  of  street  center. 

Sub.  S.     Where  any  work   mentioned   in   this  act   (manholes,  cesspoi'  - 
culverts,  crosswalks,  piling,  and  caj^jiing  excepted)   is  done  on  either  ■ 
both   sides  of   the   center   line  of  any   street   for   one  block   or  less,  ai 
further  work   opposite   to   the   work   of   the   same   class   already   done    i- 
ordored  to  be  done  to  complete  the  unimproveil  portion  of  said  street,  tl 
assessment  to  cover  the  total  expenses  of  said  work  so  ordered  shall   1 
made   upon   the  lots,  or   portions   of  the   lots   only   fronting  the   portio'  - 
of  the  work  so  ordered. 


2089  STREETS.  Act  3937a,  §  9 

Act  of  1859  not  applicable. 

Sub.  9.  Section  1  of  fhapter  325  of  the  laws  of  this  state,  entitled 
"An  act  anieiKliitorv  of  and  supplementary  to  an  act  to  provide  revenue 
for  the  support  of  the  government  of  this  state,  approved  April  tvpenty- 
ninth,  eighteen  hundred  and  fifty-seven,"  approved  April  19,  1859,  shall 
not  be  apjilicnble  to  the  provisions  of  this  section;  but  the  property 
herein  mentioned  shall  be  subject  to  the  provisions  of  this  act,  and  be 
assessed  for  work  done  under  the  provisions  of  this  section. 

Different  kinds  of  work  may  be  included  in  resolution. 

Sub.  10.  The  council,  or  board,  may  include  in  one  resolution  of  in- 
tention and  order  any  of  the  different  kinds  of  work  mentioned  in  this 
act,  and  it  may  except  therefrom  any  of  said  work  already  done  upon 
the  street  to  the  olficial  grade.  The  lots  and  portions  of  lots  fronting 
upon  said  excejited  work  already  done  shall  not  be  included  in  the  front- 
age assessment  for  the  class  of  work  from  which  the  exception  is  made. 

Engineer  to  make  diagram  of  district.  Superintendent  of  streets  to  esti- 
mate assessment. 
Sub.  11.  Whenever  the  resolution  of  intention  declares  that  the  costs 
and  expenses  of  the  work  and  improvement  are  to  be  assessed  upon  a 
district,  the  council,  or  board,  shall  direct  the  city  engineer,  or  county 
surveyor,  to  make  a  diagram  of  the  property  affected  or  benefited  by  the 
proposed  work  or  improvement,  as  described  in  the  resolution  of  inten- 
tion, and  to  be  assessed  to  pa}-  the  expenses  thereof.  Such  diagram  shall 
show  each  separate  lot,  piece  or  parcel  of  land,  the  area  in  square  feet 
of  each  of  such  lots,  pieces,  or  parcels  of  land,  and  the  relative  location 
of  the  same  to  the  work  proposed  to  be  done,  all  within  the  limits  of  the 
assessment  district;  and  when  said  diagram  shall  have  been  approved  by 
the  council,  or  board,  the  clerk  shall,  at  the  time  of  such  approval,  cer 
tify  the  fact  and  date  thereof.  Immediately  thereafter  the  said  diagram 
shall  be  delivered  to  the  superintendent  of  streets,  or  county  surveyor,  of 
said  municipality,  or  county,  who  shall,  after  the  contractor  of  any  street 
work  has  fulfilled  his  contract  to  the  satisfaction  of  said  superintendent 
of  streets,  or  county  surveyor,  and  council  or  board  on  appeal,  if  an 
appeal  is  taken,  proceed  to  estimate  upon  the  lands,  lots  or  portions  of 
lots  within  said  assessment  district,  as  shown  by  said  diagram,  the  bene- 
fits arising  from  such  work,  and  to  be  received  by  each  such  lot,  portion 
of  such  lot,  piece  or  subdivision  of  land,  and  shall  thereupon  assess  upon 
and  against  said  lands  in  said  assessment  district  the  total  amount  of 
the  costs  and  expenses  of  such  proposed  work,  and  in  so  doing  shall  assess 
said  total  sum  upon  the  several  pieces,  parcels,  lots,  or  portions  of  lots, 
and  subdivisions  of  land  in  said  district  benefited  thereby,  to  wit:  upon 
each  respectively  in  proportion  to  the  estimated  benefits  to  be  received 
by  each  of  said  several  lots,  portions  of  lots,  or  subdivisions  of  land. 
In  other  respects  the  assessments  shall  be  as  provided  in  the  next  section 
and  the  provisions  of  subdivisions  3,  4,  5,  6,  7  and  8  of  this  section  shall 


Act  3937a,  §§  10, 11  general  laws.  2090 

not  be  applicable  to  the  work  or  improvement  provided  for  in  this  sub- 
division. 

Street  superintendent  to  make  assessment. 

§  10.  After  the  rontractor  of  any  street  work  has  fulfilled  his  con- 
tract to  the  satisfartion  of  the  street  superintendent,  or  county  surveyor, 
and  council,  or  board,  on  appeal,  if  an  aiipeal  is  taken,  the  street  supfr- 
intendont,  or  county  surveyor,  shall  make  an  assessment  to  cover  the 
sum  due  for  the  work  performed  and  specified  in  said  contract  (including 
any  incidental  exjienses),  in  conformity  with  the  provisions  of  the  pre 
cedinp  section  according  to  the  character  of  the  work  done;  or,  if  any 
direction  and  decision  be  given  by  said  council,  or  board,  on  appeal,  then 
:n  conformity  with  such  direction  and  decision,  which  assessment  shall 
briefly  refer  to  the  contract,  the  work  contracted  for  and  performed,  and 
shall  show  the  amount  to  be  paid  therefor,  together  with  any  incidental 
expenses,  the  rate  per  front  foot  assessed,  if  the  assessment  be  made 
jier  front  foot,  the  amount  of  each  assessment,  the  name  of  the  owner  of 
each  lot  or  portion  of  a  lot  (if  known  to  the  street  superintendent,  or 
county  surveyor,  if  unknown  the  word  "unknown"  shall  be  written  oppo 
site  the  nunil)or  of  the  lot),  ancl  the  amount  assessed  thereon,  the  number 
of  each  lot  or  portion  or  portions  of  a  lot  assessed,  and  shall  have 
attiulied  thereto  a  diagram  exhibiting  each  street  or  street  crossing, 
lane,  alley,  place,  or  court,  on  which  any  work  has  been  done,  and  show- 
ing the  relative  location  of  each  district  lot,  or  portion  of  lot  to  the 
work  done,  numbered  to  correspond  with  the  numbers  in  the  assessments, 
and  showing  the  number  of  feet  fronting,  or  number  of  lots  assessed, 
for  said  work   contracted  for  and  performed. 

Warrant.  Form  of  warrant.  Warrant,  etc.,  recorded.  Assessment  lien 
upon  land.  When  action  to  foreclose  is  defeated  by  error. 
§  11.  To  said  assessment  sliall  be  attached  a  warrant,  which  shall  be 
signed  by  the  superintendent  of  streets,  or  county  surveyor,  anil  counter- 
signed by  the  mayor  of  said  municifality,  or  the  president  of  said  board. 
The  said  warrant  shall  be  substantially  in  the  following  form: 

Form   of  the   Warrant. 

By  virtue  hereof,  I  (name  of  the  superintendeiii  ^i  .->i.  its)  of  the  city 

of ,  count v  of  .  (or  county  surveyor  of  county,  or  city  and  county 

of ),  and  state  of  California,  by  virtue  of  the  authority  vested  in  me 

as  said  superintendent  of  streets,  or  county  surveyor,  do  authorize  and 
emjiower  (name  of  contractor),  (his  or  their)  agents  or  assigns,  to  de- 
mand and  receive  the  several  assessments  upon  the  assessment  and  dia- 
gram hereto  attached,  and  this  shall  be  (his  or  their)  warrant  for  the 
same. 

(Date.) 

Countersigned    by    (name    of    mayor    of    municipality    or    president    of 
board). 

(Name  of  superintendent  of  streets  or  county  surveyor.) 


-091  STREETS.  Act  3937a,  §  12 

Said  warrant,  assessment,  and  diagram,  together  with  the  certificate  of 
tlic  city  engineer,  or  county  surveyor,  shall  be  recorded  in  the  office  of 
said  superintendent  of  streets,  or  county  surveyor.  When  so  recorded, 
the  several  amounts  assessed  shall  be  a  lien  upon  the  lands,  lots,  or  por- 
tions of  lots  assessed,  respectively,  for  the  period  of  two  years  from 
the  date  of  said  recording,  unless  sooner  discharged;  and  from  and  after 
the  date  of  said  recording  of  any  warrant,  assessment^  diagram  and 
certificate,  all  persons  mentioned  in  section  13  of  this  act  shall  be 
deemed  to  have  notice  of  the  contents  of  the  record  thereof.  After  said 
w.irrant,  assessment,  diagram,  and  certificate  are  recorded,  the  same  shall 
be  deli\cri'il  to  the  contractor,  or  his  agent,  or  assigns,  on  demand,  but 
not  until  after  the  payment  to  the  said  superintendent  of  streets,  or 
county  surveyor,  of  the  incidental  expenses  not  previously  paid  by  the 
contractor,  or  his  assigns;  and  by  virtue  of  said  warrant  said  contractor, 
or  his  agent,  or  assigns,  sha-ll  be  authorized  to  demand  and  receive  the 
amount  of  the  several  assessments  made  to  cover  the  sum  due  for  the 
work  specified  in  such  contracts  and  assessments.  Whenever  it  shall 
appear  by  any  final  judgment  of  any  court  of  this  state,  that  any  suit 
brought  to  foreclose  the  lien  of  any  sum  of  money  assessed  to  cover  the 
expense  of  said  street  work  done  under  the  provisions  of  this  act  has 
been  defeated  by  reason  of  any  defect,  error,  informality,  omission,  ir- 
regularity, or  illegality  in  any  assessment  hereafter  to  be  made  and 
issued,  or  in  the  recording  thereof,  or  in  the  return  ^hereof  made  to,  or 
recorded  by  said  superintendent  of  streets,  or  county  surveyor,  any  per- 
son interested  therein  may,  at  anj'  time  within  three  months  after  the 
entry  of  said  final  judgment,  apply  to  said  superintendent  of  streets,  or 
county  survej'or,  who  issued  the  same,  or  to  any  superintendent  of  streets, 
or  count.v  surveyor,  in  office  at  the  time  of  said  application,  for  another 
assessment  to  be  issued  in  conformity  to  law;  and  said  superintendent 
of  streets,  or  county  surveyor,  shall,  within  fifteen  days  after  the  date 
of  said  ai>plication,  make  and  deliver  to  said  applicant  a  new  assessment, 
diagram,  and  warrant  in  accordance  w'ith  law;  and  the  acting  mayor 
of  the  municipality,  or  president  of  the  board,  shall  countersign  the 
same  as  now  provided  by  law,  which  assessment  shall  be  a  lien  for  the 
period  of  two  years  from  the  date  of  said  assessment,  and  be  enforced  as 
provided  in  section  9  of  this  act. 

Contractor  demands  payment.     Demanding  payment  on  premises.     Return 
of  warrant.     Superintendent  may  receive  payments.     Failure  to  re- 
turn warrant.     Interest  on  delinquent  amounts. 
§  12.     The   contractor,   or  his  assigns,  or  some   person  in  his,  or  their 
behalf,  shall  call  upon  the  persons  assessed,  or  their  agents,  if  they  can 
conveniently  be  found,  and  demand  payment  of  the  amount  assessed  to 
each.     If ■  aiiy  payment  be  made  the  contractor,  his  assigns,  or  some  per- 
son in  his  or  their  behalf,  shall  receipt  the  same  upon  the  assessment  in 
presence  of  the  person  jnaking  such  payment,  and  shall  also  give  a  sepa- 
rate  receipt   if   demanded.     Whenever   the   persons   so   assessed,   or   their 
agents,    cannot    conveniently   be    found,   or  whenever   the   name   of   the 


Act  3937a,  §  13 


GENERAL   LAWS. 


2002 


owner  of  the  lot  is  stated  as  "unknown"  on  the  assessment,  then  the  sai>i 
contractor,  or  his  assigns,  or  some  person  in  his  or  their  behalf,  shall 
publicly  flemanrl  payment  on  the  premises  assessed.  The  warrant  shall 
be  returned  to  the  suf>erintendent  of  streets,  or  county  surveyor,  within 
thirty  days  after  its  date,  with  a  return  indorsed  thereon,  signed  by  the 
contractor,  or  his  assigns,  or  some  person  in  his  or  their  behalf,  verified 
upon  oath,  stating  the  nature  and  character  of  the  demand,  and  whether 
any  of  the  assessments  remain  unpaid,  in  whole  or  in  part,  and  the 
amount  thereof.  Thereupon  the  superintendent  of  streets,  or  county  sur- 
veyor, shall  record  the  return  so  made,  in  the  margin  of  the  record  of 
the  warrant  and  assessment,  and  also  the  original  contract  referred  to 
therein,  if  it  has  not  already  been  recorded  at  full  length  in  a  book  to  bo 
kr[it  for  that  ])urpose  in  his  oflRi^e,  and  shall  sign  the  record.  The  said 
superintendent  of  streets,  or  county  surveyor,  is  authorized  at  any  time 
to  receive  the  amount  due  upon  any  assessment  list  and  warrant  issued 
by  him,  and  give  a  good  and  sufficient  discharge  therefor;  provided,  that 
no  such  payment  so  made  after  suit  has  been  commenced,  without  the 
consent  of  the  plaintiff  in  the  action,  shall  operate  as  a  complete  dis- 
charge of  the  lien  until  the  costs  in  the  action  shall  be  refunded  to  the 
pl;iiritiff;  and  he  may  release  any  assessment  upon  the  books  of  his  ofti<e, 
on  tlie  payment  to  him  of  the  amount  of  the  assessment  against  any  lot 
with  interest,  or  on  the  production  to  him  of  the  receipt  of  the  party  or 
his  assigns  to  whom  the  assessment  and  warrant  were  issued;  and  if  any 
contractor  shall  fail  to  return  his  warrant  within  the  time  and  in  the 
form  jtrovided  in  this  section  he  shall  thenceforth  have  no  lien  upon  the 
property  assessed;  provideil,  however,  that  in  case  any  warrant  is  l«st, 
upon  proof  of  such  loss  a  duplicate  can  be  issued,  upon  which  a  return 
may  be  made,  with  the  same  effect  as  if  the  original  had  been  so  re- 
turned. After  the  return  of  the  assessment  and  warrant  as  aforesaid, 
all  amounts  remaining  due  thereon  shall  draw  interest  at  t'  <>  -■»^  of  ten 
per  cent  per  annum  until  paid. 

Owners  feeling  aggrieved  may  appeal  to  council.  Notice  of  hearing  pub- 
lished. Decisions  of  council  finaL 
§  13.  The  owners,  wlietlier  named  in  the  assessment  or  not.  the  con- 
tractor, or  his  assigns,  and  all  otlier  persons  directly  interested  in  any 
work  ])roviiled  for  in  this  act.  or  in  the  assessment,  feeling  aggrieved 
by  any  act  or  determination  of  the  superintendent  of  streets,  or  county 
surveyor,  in  relation  thereto,  or  who  claim  that  the  work  has  not  been 
])erformcd  according  to  the  contract  in  a  good  and  substantial  manner, 
or  h.aving  or  making  any  objection  to  the  correctness  or  legality  of  the 
assessment  or  other  act,  determination,  or  procee<lings  of  the  su]>erin- 
tcndent  of  streets,  or  county  surveyor,  shall,  witJiin  thirty  days  after 
the  date  of  the  warrant,  appeal  to  the  <ounciI,  or  board,  by  briefly  stat- 
ing their  objections  in  writing,  and  tiling  the  same  with  the  clerk  of 
said  I'ouncil,  or  board.  Notice  of  the  time  an(i  place  of  the  hearing, 
brieflv  referring  to  the  work  contracted  to  be  done,  or  other  subject  ot 
appeal,   and   to   the   acts,   determinations   or   proceedings   objecte<l    to   or 


2093  STREETS.  Act  3937a,  §  14 

complained  of,  sliall  be  published  for  five  days.  Upon  such  appeal,  the 
said  council,  or  boanl,  may  remedy  and  correct  any  error  or  informality 
in  the  proceedings,  and  revise  and  correct  any  of  the  acts  or  determina- 
tions of  the  superintendent  of  streets,  or  county  survej'or,  relative  to 
said  work;  may  confirm,  amend,  set  aside,  alter,  modify,  or  correct  the 
assessment  in  such  manner  as  to  them  shall  seem  just,  and  require  the 
work  to  be  completed  according  to  the  directions  of  the  council,  or  board; 
and  may  instruct  and  direct  tlie  superintendent  of  streets,  or  county  sur- 
veyor, to  correct  the  warrant,  assessment,  or  diagram  in  any  particular, 
or  to  make  and  issue  a  new  warrant,  assessment,  and  diagram,  to  conform 
to  the  decisions  of  said  council,  or  board,  in  relation  thereto,  at  their 
option.  All  the  decisions  and  determinations  of  said  council,  or  board, 
upon  notice  and  hearing  as  aforesaid,  shall  be  final  and  conclusive  upon 
all  persons  entitled  to  appeal  under  the  provisions  of  this  section,  as  to 
all  errors,  informalities,  and  irregularities  which  said  council,  or  board, 
might  have  remedied  and  avoided;  and  no  assessment  shall  be  held  in- 
valid, except  upon  appeal  to  said  council,  or  board,  as  provided  in  this 
section  for  any  error,  informality,  or  other  defect  in  any  of  the  pro- 
ceedings prior  to  the  assessment,  or  in  the  assessment  itself,  where  notice 
of  the  intention  of  the  council,  or  board,  to  order  the  work  to  be  done, 
for  which  the  assessment  is  made,  has  been  actually  published  in  any 
designated  newspaper  of  said  city  for  the  length  of  time  prescribed  by 
law,  before  the  passage  of  the  resolution  ordering  the  work  to  bo  done. 

Contractor  may  sue.  Attorney's  fees.  Suit  brought  in  superior  court. 
Premises  may  be  ordered  sold.  Act  to  be  liberally  construed. 
§  1-4.  At  any  time  after  the  period  of  thirty-five  days  from  the  date 
of  the  warrants,  as  herein  provided,  or  if  an  appeal  is  taken  to  said 
council,  or  board,  as  provided  in  section  13  of  this  act,  at  any  time  after 
five  days  from  the  decision  of  said  council,  or  board,  or  after  the  return 
of  the  warrant  or  assessment,  after  the  same  may  have  been  corrected, 
altered,  or  modified,  as  provided  in  said  section  13  (but  not  less  than 
thirty-five  days  from  the  date  of  the  warrant),  the  contractor  or  his  as- 
signee may  sue,  in  his  own  name,  the  owner  of  the  land,  lots,  or  portions 
of  lots,  assessed  on  the  day  of  the  date  of  the  recording  of  the  warrant, 
assessment,  and  diagram,  or  any  day  thereafter  during  the  continuance 
of  the  lien  of  said  assessment,  and  recover  the  amount  of  any  assess- 
ment remaining  unpaid,  with  interest  thereon  at  the  rate  of  ten  per  cent 
per  annum  until  paid.  And  in  all  cases  of  recovery  under  the  provisions 
of  this  act,  the  plaintiff  shall  recover  the  sum  of  fifteen  dollars,  in  addi- 
tion to  the  taxable  costs  as  attorney's  fees,  but  not  any  percentage  upon 
said  recoverv.  And  when  suit  has  been  brought,  after  a  personal  de- 
mand has  been  made  and  a  refusal  to  pay  such  assessment  so  demanded, 
the  plaintiff  shall  also  be  entitled  to  have  and  recover  said  sum  of  fifteen 
dollars,  as  attornev's  fees,  in  addition  to  all  taxable  costs,'  notwithstand- 
ing that  the  suit  may  be  settled  or  a  tender  may  be  made  before  a  re- 
covery in  said  action,  and  he  may  have  judgment  therefor.  Suit  may  be 
brought  in  the  superior  court   of  the   county  within   whose  jurisdiction 


Act  3937a,  §§  15-17  general  laws.  2094 

the  said  work  has  been  done,  and  in  ca«e  any  of  the  assessments  are 
made  against  lots,  portions  or  lots,  or  lan-ls  the  owners  whereof  cannot, 
with  due  diligf*nce,  be  found,  the  service  in  each  of  such  actions  may  be 
had  in  such  manner  as  is  prescribed  in  the  coiles  and  laws  of  this  state. 
The  said  warrant,  assessment,  certificate,  an<]  diagram,  with  the  affidavit 
of  demand  and  nonpayment,  shall  be  held  prima  facie  evideno  of  thp 
rrgnlarity  and  correctness  of  the  assessment  and  of  the  prior  j 
and  acts  of  the  superintendent  of  streets,  or  county  surveyor 
cil,    or    board,    upon    which    said    warrant,    :  ■•   — t.    and    d:.if;:.iii    .'i^- 

based,  and   like  evidence  of  the   right   of  t  ;T  to  recover  in   the 

action.     The    court    in    which    said    suit    sha :iimenced    shall    have 

jMjwor  to  adjudge  and  decree  a  lien  again«t  the  premises  assessed,  and  to 
orrlcr  such  |)remise8  to  be  sold  on  execution,  as  in  other  cases  of  the  sale 
of  real  estate  by  the  process  of  said  courts;  and  on  appeal,  the  appellate 
courts  siiall  be  vested  with  the  same  power  to  adjudge  and  decree  a 
lion  and  to  order  such  promises  to  be  S"ld  on  execution  or  decree  as  is 
conferred  on  the  court  from  which  an  appeal  is  taken.     Such  premises,  if 

sold,  may  be  roilcemed  as  in  other  c:\-  '"   nil  suits  r'^"    •    '    '^•■ 

lioronftor  brought  to  recover  street  a>  the  pro 

sliall  be  governed  and  regulated  by  t;      ,       —  'ns  of  th  ~ 

when  not  in  conflict  herewith,  by  the  codes  of  this  state.     This  act  shall 

be    liberally    construed    to    effect    the   ends    of   justice. 

Assessraenta  before  completion  of  improvement 

§  15.     The    council,   or   board,    instead   of  waltui:  i. .♦.-», 

of  the  improvement,  may,  in  its  discretion,  and  not 

completion  of  two  blocks  or  more  of  any  imjirove".-  • 

superintendent,  or  county  surveyor,  to  make  ai 

jiortionate  amount  of  the  contract  completed,  ai       • 

and    rij;hts   of  collection   of  such   proportionate   aiuouut   btiall    be   bad   a» 

provided  herein. 

Records  of  superintendent  of  streets. 

§   16.      The    rei-ords    kept    l.y    the    sup.    . ,  i .  ..ii  nt    of    streets.    ,■;     ■ 

surveyor  in  conformity  with  the  provisions  of  this  act,  and  «i^'ned  by 
him,  shall  have  the  same  force  and  effect  .ns  other  public  reords.  and 
copies  therefrom,  duly  certified,  may  be  used  in  tvi.lence  with  the  same 
effect  as  the  originals.  The  said  records  sh.ill,  during  all  office  hours,  be 
ojien  to  the  inspection  of  any  citizen  wishing  to  examine  them,  free  ol 
char>io. 

Service  of  notices  In  writing. 

§  17.      Notices  in  writing  which  are  required  to  b«>  -'iv,  n  hv  »l  ..  «iir  .r 
iiitendent  of  streets,  or  county  surveyor,  under  the  p 
mav  be  served  by  any  person  with  the  permission  o  . 

of  streets,  or  county  surveyor,  ami  the  fact  of  such  seivic«*  yUnW  b«  \eri- 
tied  by  the  oath  of  the  person  making  it,  taken  before  the  superintendent 
of  streets,  or  county  surveyor,  who  for  that  purpose,  and  for  all  other 


2095  STREETS.  Act  3937a,  §§  18-20 

purposes,  and  in  all  cases  where  a  verification  is  required  under  the 
provisions  of  this  act,  is  hereby  autliorized  to  administer  oaths,  or  other 
jiersons  authorized  to  administer  oaths,  or  such  notices  may  be  delivered 
by  the  sujierintendent  of  streets,  or  county  surveyor,  himself,  who  must 
also  verify  the  service  thereof,  and  who  shall  keep  a  record  of  the  fact  of 
giving  such  notices,  wlien  delivered  by  himself  personally,  and  also  of 
the  notices  and  proof  of  service  when  delivered  by  any  other  person. 

Streets  accepted  by  council.  Lands  may  be  assessed  to  construct  sewer. 
§  18.  WliiMiover  any  street,  or  portion  of  a  street,  has  been  or  shal\ 
hereafter  be  fully  constructed  to  the  satisfaction  of  the  superintendent 
of  streets,  or  county  surveyor,  and  of  the  council,  or  board,  and  is  in 
good  condition  throughout  and  a  sewer,  gas-pipes,  and  water-pipes  are 
laid  therein,  umler  such  regulations  as  the  council,  or  board,  shall  adopt, 
the  same  shall  be  accepted  by  the  council,  or  board,  by  ordinance,  and 
thereafter  shall  be  kept  in  repair  and  improved  by  the  said  municipality 
or  county  as  herein  directed;  jirovided,  that  the  council,  or  board,  may 
partially  or  con<iitionally  accept  any  street,  or  portion  of  a  street,  with- 
out a  sewer,  or  gas  pipes,  or  water-pipes  therein,  if  the  ordinance  of  ac- 
ceptance expressly  states  that -the  council,  or  board,  deems  such  sewer,  or 
gas-pipes,  or  water-pipes  to  be  then  unnecessary,  but  the  lots  of  land 
previously,  or  at  any  time,  assessable  for  the  cost  of  constructing  a  sewer 
shall  remain  and  be  assessable  for  such  cost,  and  for  the  cost  of  repairs 
and  restoration  of  the  street  damaged  in  the  said  construction,  whenever 
said  council,  or  board,  shall  deem  a  sewer  to  be  necessary,  and  shall  order 
it  to  be  constructed,  the  same  as  if  no  partial  or  conditional  acceptance 
had  ever  been  made.  The  superintendent  of  streets,  or  county  surveyor, 
shall  keep  in  his  office  a  register  of  all  streets,  accepted  by  the  council, 
or  board,  under  this  section,  which  register  shall  be  indexed  for  easy 
reference  thereto. 

Council  has  authority  to  construct  sewers,  etc. 

§  19.  The  council,  or  board,  shall  have  full  power  and  authority  to 
construct  sewers,  gutters,  and  manholes  and  provide  for  the  cleaning  of 
the  same,  and  culverts  or  cesspools,  or  crosswalks  or  sidewalks,  or  ainy 
portion  of  any  sidewalk  upon  or  in  any  of  such  streets,  avenues,  lanes, 
alleys,  courts  or  places,  and  also  for  drainage  purposes  over  or  through 
any  right  of  way  obtained  or  granted  for  such  purposes,  with  necessary 
and  proper  outlet  or  outlets  to  the  same,  of  such  materials,  in.  such  a 
manner,  and  upon  such  terms  as  it  may  be  deemed  proper. 

Costs  may  he  paid  from  treasury. 

§  20.  The  said  council,  or  board,  may,  in  its  discretion,  order  by  reso- 
lution that  the  whole  or  any  part  of  the  cost  and  expenses  of  any  of 
the  work  mentioned  in  this  act  be  paid  out  of  the  treasury  of  the 
municipality,  or  county,  from  such  fund  as  the  council,  or  board,  may 
designate.  Whenever  "the  work  to  be  done  is  situated  partly  within  and 
partly   without  the   municipality,  both   the  council  and   the   board   may, 


Act  3937a,  §§  21-24  general  laws.  2096 

in  their  discretion,  order,  by  resolution,  that  the  wTiole,  or  any  part  of 
the  costs  and  expenses  of  the  work  mentioned  .in  this  act.  be  paid  out 
of  the  treasury  of  said  municipality,  or  county,  or  both,  and  when  the 
whole  or  a  portion  thereof  is  to  be  paid  out  of  both,  each  shall  pay  such 
proportion  thereof  as  may  be  agreed  upon,  from  such  funds  as  the  said 
council  or  board  may  designate. 

Assessment  when  improvements  are  partly  within  city. 

§  21.  Whenever  a  part  of  such  cost  and  expenses  is  so  ordered  to  be 
paid,  the  superintendent  of  streets,  or  county  surveyor,  in  making  up  the 
assessment  heretofore  provided  for  such  cost  and  expenses,  shall  first 
deduct  from  the  whole  cost  and  expense  such  part  thereof  as  has  been 
so  ordered  to  be  paid  out  of  the  municipal  treasury  or  county  treasury,  as 
the  case  may  be,  and  shall  assess  the  remainder  of  said  cost  and  expense 
proportionately  upon  the  lots,  parts  of  lots,  and  lauds  fronting  on  the 
streets  where  said  work  was  done,  or  liable  to  be  assessed  for  such  work, 
and  in  the  manner  heretofore  provided. 

Proper  officer  to  do  surveying,  etc. 

§  22.  The  city  engineer,  or  where  there  is  no  city  engineer,  or  the 
proceedings  hereunder  are  before  the  board  of  supervisors,  the  county,  or 
city  and  count}'  surveyor  shall  be  the  proper  officer  to  do  the  surveying 

t 
a 
a 

prima  racie  evidence  m  an  courts  in  mis  state  oi  tue  trum  oi  its  con- 
tents. He  shall  also  keep  a  record  of  all  surveys  made  under  the  pro- 
visions of  this  act,  as  in  other  cases. 

"Incidental  expenses"  defined. 

§  23.  The  term  "incidental  expenses,"  as  used  in  this  act,  shall  include' 
the  compensation  of  the  city  engineer  or  county  surveyor  for  work  done 
by  him  to  be  fixed  by  said  council  or  board;  also  the  cost  of  printing 
and  advertising  as  provided  in  this  act,  and  not  otherwise.  All  demands 
for  incidental  expenses  mentioned  in  this  section  shall  be  presented  to 
the  street  superintendent,  or  county  surveyor,  by  itemized  bill,  duly 
verified  by  oath  of  the  demandant. 

Publication   of  notices,   etc.     Proof  of   publication. 

§  24.  The  notices,  resolutions,  orders  or  other  matter  required  to  be 
published  by  the  provisions  of  this  act,  shall  be  published  in  a  daily 
newspaper,  in  municipalities  where  such  there  is,  and  where  there  is  no 
daily  newspaper,  in  a  semi-weekly  or  weekly  newspaper,  to  be  designated 
by  the  council,  or  board,  as  often  as  the  same  is  issued,  and  no  other 
statute  shall  govern  or  be  applicable  to  the  publications  herein  provided 
for;  provided,  however,  that  only  in  case  there  is  no  daily,  semi-weekly 
or  weekly  newspaper  printed  or  circulated  in  any  such  municipality  then 
such  notices,  resolutions,  orders  or  other  matters  as  are  herein   required 


2097  STREETS.  Act  3937a,  §§  25-29 

to  be  published  in  a  newspaper,  shall  be  posted  and  kept  posted  for  the 
same  length  of  time  as  required  herein  for  the  publication  of  the  same 
in  a  daily,  semi-weekly  or  weekly  newspaper,  in  three  of  the  most  public 
places  in  such  municipality.  Proof  of  the  publication  or  posting  of  any 
notice  provided  for  herein  shall  be  made  by  affidavit  of  the  owner,  pub- 
lisher or  clerk  of  the  newspaper,  or  of  the  poster  of  the  notice.  No 
p\iblication  or  notice,  other  than  that  provided  for  in  this  act,  shall  be 
ueeeKsary  to  give  validity  to  any  of  the  proceedings  provided  for  herein. 

Definitions:  'Council."     "Board." 

§  25.  Whenever  the  words  "council"  or  "board'  are  used  herein  only 
that  word  applying  to  the  body  before  which  the  proceedings  are  pending 
shall  be  used  in  the  reading  and  construction  of  the  provisions  of  this 
act  in  relation  to  proceedings  before  such  body.  The  word  "council"  is 
hereby  declared  to  includ^  any  body  or  board  which,  under  the  law  is 
the  legislative  department  of  the  government  of  any  municipality.  The 
word  "board"  is  hereby  declared  to  include  the  board  of  supervisors  of 
any  county,  or  city  and  county. 

"Superintendent  of  streets."     "County  surveyor." 

§  26.  The  words  "superintendent  of  streets,"  "street  superintendent" 
or  "city  engineer"  used  herein,  shall  be  used  in  the  application  and  con- 
struction of  this  act  only  when  the  resolution  of  intention  and  the  pro- 
ceedings are  under  the  jurisdiction  of  the  council  of  the  municipality, 
and  this  act  shall  then  be  read  and  construed  as  if  the  words  "or  county 
surveyor,"  were  not  incorporated  herein,  and  when  the  resolution  of  in- 
tention and  the  proceedings  are  under  the  jurisdiction  of  the  board  of 
supervisors,  the  county  surveyor  shall  perform  all  of  the  acts  and  duties 
herein  required  of  the  superintendent  of  streets  and  city  engineer,  and 
this  act  shall  be  read  and  construed,  when  said  proceedings  are  under 
the  jurisdiction  of  the  board  of  supervisors,  as  if  the  said  words  "street 
superintendent,"  "superintendent  of  streets"  and  "city  engineer"  were 
not  incorporated  herein,  and  the  words  "county  surveyor"  only  were 
used. 

"Work."     "Improved." 

§  27.  The  words  "work,"  "improved,"  and  "improvement,"  as  used  in 
this  act  shall  include  all  work  mentioned  in  this  act,  and  also  the  con- 
struction, reconstruction  and  repairs  of  all  or  any  portion  of  said  work. 

"Municipality." 

§  28.  The  word  "municipality,"  as  used  in  this  act,  shall  be  under- 
stood and  so  construed  as  to  include  and  is  hereby  declared  to  include, 
all  corporations  heretofore  organized  and  now  existing,  and  those  here- 
after organized,  for  municipal  purposes. 

"Paved." 

§  29.     The  words  "paved"  or  "repaved,"  as  used  in  this  act,  shall  be 
held  to  mean  and  include  pavement  of  stone,  whether  paving  blocks  or 
132 


Act  3937a,  §§  30-35  general  laws.  2098 

macadamizing,  or  of  bituminous  rock  or  asphalt,  or  of  iron,  wood  or  other 
material,  whether  patented  or  not,  which  the  council  or  board  shall  by 
ordinance  adopt. 

"Street."     "Blocks." 

§  30.  The  word  "street,"  as  used  in  this  act,  shall  be  deemed  to,  and 
is  hereby  declared  to,  include  avenues,  highways,  lanes,  alleys,  crossings, 
or  intersections,  courts  and  places,  and  the  terra  "main  street"  means 
such  actually  opened  street  or  streets  as  bound  a  block;  and  the  word 
"blocks"  whether  regular  or  irregular,  shall  mean  such  blocks  as  are 
bounded  by  main  streets,  or  partially  by  a  boundary  line  of  the  munici- 
pality. 

"Street  superintendent." 

§  31.  The  term  "street  superintendent'*  and  "superintendent  of 
streets,"  as  used  in  this  act,  shall  be  understood  and  so  construed  as  to 
include,  and  are  hereby  declared  to  include,  any  person  or  officer  who.-^e 
duty  it  is,  under  the  law,  to  have  the  care  or  charge  of  the  streets,  or 
the  improvement  thereof  in  any  municipality.  In  ail  those  municipalities 
where  there  is  not  a  street  superintendent  or  superintendent  of  streets 
the  council  thereof  is  hereby  authorized  and  empowered  to  appoint  a 
suitable  person  to  discharge  the  duties  herein  laid  down  as  those  of 
street  superintendent,  or  superintendent  of  streets;  and  all  provisions 
hereof  applicable  to  the  street  superintendent,  or  superintendent  of 
streets    shall    apply    to    such    person    so    appointed. 

"Clerk." 

§  32.  The  term  "clerk"  as  used  in  this  act,  is  hereby  declared  to  in- 
clude any  person  or  officer  who  shall  be  clerk  of  the  said  council,  or 
board. 

"Quarter  block." 

§  33.  The  term  "quarter  block"  as  used  in  this  act  as  to  irregular 
blocks,  shall  be  deemed  to  inehule  all  lots  or  portions  of  lots  having  any 
frontage  on  either  intersecting  street  halfway  from  such  intersection  to 
the  next  main  street  or,  v.'licn  no  main  street  intervenes  within  six  hun- 
dred feet  of  such  intersection,  only  those  lots  or  portions  of  lots  or  lands 
within  a  distance  of  three  hundred  feet  therefrom  shall  be  considered 
as  being  within   the   quarter  block. 

"One    year." 

§  3-4.  The  term  "one  year,"  as  used  in  this  act,  shall  be  deemed  to 
include  the  time  beginning  with  January  first  and  ending  with  the  thirty- 
first   day   of  December  of  the  same  year. 

Time  of  taking  effect  of  act. 

§  35.  Thr.t  said  act  shall  take  effect  and  be  in  force  immediately 
upon  its  passage. 


2099  STREETS.  Act  3937b  J  §  1-3 

Improvement  of  street  on  boundary  line. 

§  36.  The  provisions  of  this  act  shall  apply  to  and  authorize  the 
improvement  of  any  street  in  or  along  which  the  boundary  line  between 
two  municipalities  extends.  The  city  councils  of  such  municipalities 
sliall  have  concurrent  jurisdiction  of  all  proceedings  under  the  act  to 
effect  the  improvement  of  such  streets  to  the  same  extent  and  in  the 
same  manner  and  form  as  herein  provided  for  the  council  and  the  board 
of  supervisors  in  respect  to  streets  referred  to  in  the  act.  The  council 
passing  the  resolution  of  intention  shall  thereafter  have  exclusive  juris- 
diction of  all  work  and  proceedings  covered  by  said  resolution,  the 
same  as  provided  in  section  3  of  the  act.  [Amendment  approved 
June  2,   1913;   Stats.   1913,  p.  371.] 

ACT  3937b. 

An  act  to  provide  for  the  disposition  of  lands  abandoned  or  closed  up  as 
public  streets,  authorizing  the  execution  of  deeds  therefor  by  officers 
of  municipalities  and  providing  for  the  acceptance  of  deeds  for  new 
streets   opened   in  lieu   of  such   abandoned   streets. 

[Approved  May  1,   1911.     Stats.   1911,  p.   1346.] 

City  may  convey  interest  in  closed  street. 

§  1.  Whenever  any  citj'  or  city  and  county  shall  deem  it  advisable  to 
close  and  abandon  any  street  or  portion  the/eof  in  said  city  or  city  and 
county,  and  open  a  new  street  or  streets  in  lieu  of  those  so  closed  or 
abandoned,  and  pursuant  thereto  the  council,  board  of  supervisors  or 
other  governing  body  of  the  municipality  shall  have  taken  proceedings 
under  any  general  law  of  this  stare  or  pursuant  to  the  provisions  of  the 
charter  of  any  such  city  or  city  and  county  and  closed  up  or  abandoned 
such  street  or  streets  or  portions  thereof,  the  council,  board  of  super- 
visors or  other  governing  body  of  the  municipality  in  which  such  street 
or  portion  of  siich  street  is  located,  shall  have  the  power  by  ordinance  or 
resolution  (unless  otherwise  in  the  charter  of  such  municipality  provided) 
to  convey  by  deed  its  interest  in  such  street  or  portions  of  street  so 
abandoned  or  closed,  to  the  owners  of  the  lands  adjacent  thereto  or 
fronting  on  such  street  in  such  manner  as  said  council,  board  of  super- 
visors or  other  governing  body  shall  deem  that  equity  requires. 

Compensation. 

§  2.  Such  resolution  or  ordinance  shall  provide  for  the  execution  of 
any  such  deed  or  deeds  in  the  name  of  such  municipality  by  at  least  two 
officials  of  the  municipality,  and  said  council  or  other  governing  body 
may  in  its  discretion  im]iose  any  reasonable  conditions,  or  demand  com- 
pensation by  exchange  of  lands,  or  otherwise,  before  conveying  land,  the 
fee  of  which  has  reverted  to  such  municipality. 

Deeds  not  to  be  delivered  until  city  has  new  street, 

§  3.  The  deeds  provided  for  in  the  preceding  section  shall  not  in  any 
case  be  delivered  to  the  grantees  therein  named  until  good  and  sufficient 


Act  3937c,  §  1  GENERAL   LAWS.  2100 

conveyances  shall  have  been  delivered  to  such  municipality  vesting  in 
such  municipality  the  title  to  such  new  street  or  streets  so  opened  in  lieu 
of  such  streets  so  closed  or  abandoned. 

§  4.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this 
act  are  hereby  repealed. 

ACT  3937c. 

An  act  to  provide  for  the  establishment  and  change  of  grade  of  public 
streets,  lands,  allej-s,  courts,  places  and  rights  of  ways  in  munici- 
palities, and  providing  for  the  improvement  thereof,  in  cases  where 
any  damage  to  private  property  would  result  from  such  improve- 
ment, and  for  the  assessment  of  the  costs,  damages  and  expenses 
thereof  upon  the  property  benefited  thereby,  and  to  provide  a  system 
of  local  imi»rovenient  bonds  to  represent  the  assessments  for  the 
costs,  damages  and  expenses  of  such  improvement,  and  for  the  pay- 
ment and  effect  of  such  bonds. 

[Approved    June    16,    1913.     Stats.    1913,    p.    954.] 

Cities  may  improve  streets. 

§  1.  Whenever  the  public  interest  or  convenience  may  require,  the 
legislative  body  of  any  citj'  is  hereby  empowered  to  establish  or  change 
or  modify  the  grade  of  any  public  street,  lane,  alley,  court,  place,  or 
rdght  of  way  in  said  city,  or  any  portion  thereof,  and  in  any  case  where 
in  the  opinion  of  said  legislative  body  any  damage  to  private  property 
would  result  from  the  improvement  thereof,  to  order  the  whole,  or  any 
part,  either  in  length  or  width,  of  such  juiblic  street,  lane,  alley,  court, 
place,  or  right  of  wa^'  to  be  improved  to  conform  to  such  oflicial  grade  by 
grading  or  regrading,  paving  or  repaving,  planking  or  replanking.  ma- 
cadamizing or  remacadamizing,  piling  or  repiling,  capping  or  recapping, 
graveling  or  regraveling,  oiling  or  reoiliug,  sewering  or  resewering,  side- 
walking  or  residewalking,  curbing  or  recurbing,  guttering  or  reguttering. 
or  by  the  building  of  storm  water  ditches  or  tunnels  or  breakwaters, 
levees,  walls  of  rock,  or  of  other  materials,  to  protect  the  same  from 
overflow  or  injury,  or  by  the  construction  of  manholes,  culverts,  bridges, 
cessjjools,  tunnels,  viaducts,  conduits,  subways,  cross-walks,  steps,  park- 
ing or  park  ways,  and  the  construction  or  reconstruction  in,  over  or 
through  property  or  rights  of  way  owned  by  such  city  of  retaining  walls, 
tunnels,  sewers,  ditches,  drains,  conduits,  viaducts,  subways,  and  channels 
for  sanitary  and  drainage  purposes,  or  either,  or  both  thereof,  with 
necessary  outlets,  cesspools,  manholes,  catch-basins,  flush  tanks,  septic 
tanks,  connecting  sewers,  ditches,  drains,  conduits,  channels  and  other 
appurtenances  and  breakwaters,  levees,  bulkheads  and  walls  of  rock,  or 
other  material,  to  protect  the  streets,  lanes,  alleys,  courts,  places,  public 
ways,  and  other  property  in  any  such  city  from  overflow  or  injury  by 
water,  or  otherwise,  or  by  the  doing  of  any  other  work  which  shall  be 


2101  STREETS.         Act  3937c,  §§  2, 3 

necessary  to   improve  the  whole,  or   any  portion   of   such   streets,   lanes, 
alloys,  courts,  places,  or  rights  of  way  of  such  city. 

Resolution  of  intention.     Boundaries  of  district. 

§  2.  Before  ordering  any  establishment,  change  or  modification  of 
grade  or  any  improvement  described  in  section  1  hereof,  the  sa^id  legis- 
lative body  shall  pass  an  ordinance  or  resolution,  declaring  its  intention 
so  to  do,  and  that,  in  its  opinion,  damage  to  private  property  would  re- 
sult from  such  improvement,  designating  the  proposed  grade,  describing 
the  proposed  improvement,  fixing  a.  time  and  place  for  the  hearing  of 
protests  in  relation  thereto  by  said  legislative  body,  which  shall  be  not 
less  than  thirty  da^s  from  the  date  of  the  passage  of  said  ordinance  or 
resolution  of  intention,  and  specifying  the  exterior  boundaries  of  the 
district  of  land  to  be  benefited  by  said  improvement,  and  to  be  specially 
assessed  to  pay  the  costs  and  expenses  thereof,  and  the  damages  caused 
by  said  improvement,  which  shall  be  known  as  the  assessment  district. 
Such  legislative  body  may  include  in  one  improvement,  under  one 
ordinance  or  resolution  of  intention  and  order  and  under  one  contract, 
the  whole,  or  any  portion  of  one  or  more  streets,  lanes,  alleys,  courts, 
places,  or  rights  of  way,  and  the  establishment,  change  or  modification 
of  grade  of  all,  or  any,  or  any  portion  thereof  and  any  and  all  of  the 
different  kinds  of  work  mentioned  iu  section  1  hereof,  and  may  exclude 
therefrom  any  of  said  work  already  done,  either  to  the  official  grade 
or  in  any  other  designated  manner. 

Resolution  posted  and  published.  "Notice  of  street  work."  Resolution 
mailed  to  owners.  Fonn  of  notice.  Clerk's  affidavit  of  mailing 
notices. 
§  3.  Said  ordinance  or  resolution  of  intention  shall  be  conspicuously 
posted  for  two  days  on  or  near  the  chamber  door  of  said  legislative  body 
and  published  by  two  insertions  in  a  daily  or  weekly  newspaper  published 
and  circulated  in  said  city,  and  designated  by  said  legislative  body  for 
the  purpose.  If  no  such  newspaper  be  so  published  and  circulated  in  said 
city,  such  posting  of  said  ordinance  or  resolution  of  intention  shall  be 
sufficient.  The  superintendent  of  streets  shall  thereupon  cause  to  be 
conspicuously  posted  along  all  streets  and  parts  of  streets  or  other  public 
places  or  rights  of  way  where  any  work  is  to  be  done  or  improvement 
made,  at  not  more  than  three  hundred  feet  apart,  notices  (not  less  than 
three  in  all)  of  the  passage  of  such  ordinance  or  resolution.  Said  notices 
shall  be  headed  "Notice  of  street  work"  in  letters  not  less  than  one 
inch  in  length,  shall  be  in  legible  characters,  and  shall  state  the  fact 
and  date  of  the  passage  of  said  ordinance  or  resolution  of  intention, 
and  the  time  and  place  fixed  for  the  hearing  of  protests,  and  notify  all 
persons  interested  to  appear  at  said  time  and  place  with  their  objections 
to  said  improvement,  if  anj-  they  have,  and  briefly  describe  the  proposed 
improvement,  and  refer  to  the  ordinance  or  resolution  of  intention  for 
further  particulars.  He  shall  also  cause  a  notice  of  similar  substance 
to  be  published  by  two  insertions  in  a  daily  newspaper  published  and 


Act  3937e,  §  4  general  laws.  2102 

circulated  in  said  city,  or,  if  there  is  no  such  daily  newspaper,  then  by 
two  successive  insertions  in  a  weekly  newspaper  so  published  and  cir- 
culated. If  no  such  newspaper  be  so  published  and  circulated  in  said 
eity  such  notice  shall  be  also  posted  on  or  near  the  chamber  door  of 
the  legislative  body  of  said  city,  and  in  two  other  public  places  in  «aid 
city.  Such  posting  and  publication  shall  be  completed  at  least  ten  days 
before  the  day  set  for  the  hearing  of  protests.  The  city  clerk  shall  im- 
mediately upon  the  passage  of  said  ordinance  or  resolution  of  intention 
mail,  postage  prepaid,  to  each  property  owner  in  the  district  to  be 
assessed  to  pay  the  costs  and  expenses  of  the  improvement,  at  his  last 
known  address  as  the  same  appears  on  the  tax-rolls  of  said  city,  or 
where  no  address  so  appears,  to  the  general  delivery,  a  postal  card  con- 
taining a  notice,  which  shall  be  in  the  following  or  substantially  the 
following  form    (filling  blanks): 

You  are  hereby  notified  that  on  the  day  of  ,  19 — .  the  legis- 
lative  body    of   the    city    of   ,    California,   by    virtue   of    the   street 

improvement  act  of  1913,  passed  an  ordinance,  (resolution  of  intention) 

numbered ,  for  the  improvement  of  street  between  street 

and street.     Protests  will  be  heard  on  the  day  of  ,  19 — , 

at  the  hour  of in  the  council  chamber  of  said  city. 

Your  property  is  in  the  district  to  be  assessed  for  this  improvement. 

City  Clerk. 

If  any  lots  or  parcels  of  land  in  the  assessment  district  be  assessed  to 
"unknown  owners"  on  the  tax-rolls  of  said  city,  no  such  postal  cards 
need  be  mai]e<l  to  the  owners  thereof. 

The  city  clerk  shall  immediately  upon  the  completion  of  the  mailing 
of  said  cards  file  in  the  office  of  the  superintendent  of  streets  an  affi- 
davit setting  forth  the  time  and  manner  of  his  compliance  with  this 
requirement;  provided,  that  the  failure  of  the  city  clerk  to  address  said 
cards  or  any  of  them  to  the  true  owners  of  said  property,  or  to  mail 
said  cards,  or  the  failure  of  the  property  owners  to  receive  the  same, 
shall  in  no  wise  affect  the  validity  of  the  proi-eedings  or  prevent  the 
legislative  body  from  acquiring  jurisdiction  to  order  the  work;  provided, 
however,  that  the  logislativo  laody  shall  not  pass  any  ordinance  or 
resolution  ordering  the  work  until  such  affidavit  is  made  and  filed  as 
herein   prescribed. 

Objections  to  improvements.     Hearing  on  protests. 

§  4.  At  or  before  the  time  fixed  for  the  hearing,  any  person  inter- 
ested, objecting  to  the  proposed  improvement  or  to  the  extent  of  the 
assessment  district  described  in  the  ordinance  or  resolution  of  intention, 
may  file  a  written  protest  with  the  clerk  (5f  said  legislative  body.  Every 
protest  must  contain  a  description  of  the  proyerty  in  which  each  signer 
thereof  is  interested  and  set  forth  the  nature  of  his  interest  therein  and 
must  be  accompanied  by  the  affidavit  of  ont  of  the  signers  thereof  that 
each  signature  thereto  is  the  genuine  signature  of  the  person  whose  name 


2103  STREETS.  Act  3937c,  §§  5, 6 

is  thereto  subscriber!,  anrl  in  case  any  signature  is  macJe  by  an  agent, 
there  must  be  attached  to  the  protest  the  affidavit  of  the  agent  that  he 
is  duly  authorized  to  sign  such  protest.  Any  protest  not  complying  with 
the  foregoing  requirements  shall  not  be  considered  by  said  legislative 
body.  The  clerk  shall  indorse  on  every  such  protest  the  date  of  its 
reception  by  him,  and  at  the  time  fixed  for  the  hearing,  or  at  any  other 
time  to  which  the  hearing  may  be  adjourned,  he  shall  present  to  said 
legislative  body  all  protests  so  filed  with  him.  Before  the  hearing  of 
any  protest  there  shall  be  filed  with  such  legislative  body  affidavits 
showing  that  the  said  notices  have  been  posted  and  published  as  herein- 
before required,  and  the  said  legislative  body  shall  thereupon  cause  to 
be  entered  in  its  minutes  an  order  reciting  that  notice  of  said  hearing 
has  been  posted  and  published  as  required  by  law,  and  such  order  shall 
be  prima  facie  evidence  of  the  truth  of  the  facts  therein  recited.  The 
legislative  body  shall  hear  said  protests  at  said  meeting,  or  at  any  time 
to  which  the  hearing  thereof  may  be  continued,  and  pass  upon  the  same, 
and  its  decision  shall  be  final  and  conclusive.  If  such  protests  are  sus- 
tained, no  further  proceedings  shall  be  had  under  said  ordinance  or 
resolution  of  intention,  but  a  new  ordinance  or  resolution  of  intenti^on 
for  the  same  improvement  may  be  passed  at  any  time.  If  such  protests 
are  denied,  the  proceedings  shall  continue  as  if  such  protests  had  not 
been  made. 

Jurisdiction  to  order  improvements. 

§  5.  If  no  protests  are  filed  at  or  before  the  time  fixed  for  the  hear- 
ing thereof  by  the  ordinance  or  resolution  of  intention,  or  if  protests 
are  filed,  and  after  hearing  are  denied,  as  above  provided,  the  legislative 
body  shall  have  jurisdiction  to  order  the  establishment,  change  or 
modification  of  grade  and  the  improvement  described  in  the  ordinance 
or  resolution  of  intention.  Having  acquired  such  jurisdiction,  it  shall 
by  ordinance  or  resolution  order  establishment,  change  or  modification 
of  grade  and  such  improvement  to  be  made,  and  refer  the  same  to  the 
commission  hereinafter  provided  for,  to  estimate  the  damages  caused 
thereby,  and  report  an  assessment  of  said  damages,  and  of  all  costs  and 
expenses  of  the  improvement,  on  the  property  benefited  thereby. 

Commission  to  estimate  damages. 

§  6.  In  any  city  having  a  board  of  public  works  created  by  its  char- 
ter or  by  law,  such  board,  and  in  other  cities  the  mayor,  city  engineer 
or  surveyor  and  superintendent  of  streets,  or  if  all  of  such  officers  last 
mentioned  do  not  exist  in  cities  having  no  board  of  public  works,  any 
three  competent  and  disinterested  persons  appointed  by  said  legislative 
body,  shall  act  as  a  commission  to  estimate  the  damages  caused  by  said 
proposed  improvement  and  to  assess  the  same,  and  all  costs  and  expenses 
of  said  proposed  improvement  upon  the  property  benefited  thereb)'. 
Such  commissioners,  if  they  are  appointed  by  said  legislative  body  as 
aforesaid,  shall  be  sworn  to  make  the  assessment  of  benefits  and  dam- 
ages faithfully,  impartially  and  to  the  best  of  their  ability.     Said  com- 


Act  3937c,  §§  7-9  general  laws.  2104 

mission  shall  have  power  to  subpoena  witnesses  to  appear  before  it  to 
be  examined  under  oath,  which  any  of  said  commissioners  may  admin- 
ister. 

Hearing  of  petitions  for  damages. 

§  7.  Upon  the  passage  of  the  final  ordinance  or  resolution  i;eferred 
to  in  section  5  hereof,  said  commission  shall  appoint  a  time  and  place 
for  the  hearing  of  petitions  for  damages  caused  by  said  improvement, 
and  shall  cause  notice  of  such  time  and  place  to  be  published  for  at 
least  five  days  in  a  daily  newspaper,  or  three  times  in  a  weekly  news- 
paper, published  in  said  city,  or  if  no  such  newspaper  is  so  published 
and  circulated,  then  by  posting  for  two  daj-s  in  three  public  places  in 
said  city.  The  time  set  for  hearing  such  petitions  shall  be  not  less 
than  thirty  days  from  the  first  publication  or  posting  of  such  notice. 
Before  said  hearing  said  commission  shall  view  the  location  of  the  pro- 
posed improvement,  and  the  property  affected  thereby.  Said  hearing 
may  be  continued  from  time  to  time  b)-  said  commission. 

Petition  of  owners  damaged.    Determination  of  damages. 

§  8.  At  or  before  the  time  set  for  the  hearing  of  petitions  for  dam- 
ages any  person  owning  property,  and  claiming  that  the  same  will  be 
damaged  by  said  proposed  improvement,  shall  file  with  the  superintend- 
ent of  streets,  who  shall  transmit  the  same  to  the  commission,  a  petition 
showing  the  fact  of  such  ownership,  a  description  of  the  property 
claimed  to  be  damaged,  its  market  value,  and  the  amount  of  damages 
which  it  is  claimed  such  property  will  sustain  by  the  proposed  improve- 
ment, and  the  postoflRce  address  of  such  petitioner,  or  his  agent.  Every 
such  petition  shall  be  verified  by  the  oath  of  the  petitioner  or  his  agent. 
After  considering  the  petitions  filed  as  herein  provided,  and  after  hear- 
ing the  petitioners  who  may  appear,  and  after  viewing  the  location  of 
the  proposed  improvement  and  the  property  affected  thereby,  said  com- 
mission shall  proceed  to  determine  the  amount  of'damages,  if  any,  which 
will  be  sustained  by  each  such  petitioner  because  of  the  proposed  im- 
provement. No  damages  or  compensation  whatsoever  shall  be  allowed 
or  awarded  to  the  owner  of  any  property  affected  by  said  improvement 
unless  a  ]>etition  therefor  be  filed  as  provided  in  this  section,  and  any 
property  owner  who  fails  to  file  a  petition  for  damages  as  hereinbefore 
provided,  shall  be  deemed  to  have  waived  any  and  all  claims  for  dam- 
ages caused  by  said  improvement. 

Notice  before  awarding  contracts.     Bids.     Application  for  acceptance  of 
work.     Commencement    and    abandonment    of    work.     Contractor's 
bond.     Materialmen's  clr,ims. 
§  9.     Before  the  awarding  of  any  contract  by  the  legislative  body  for 
doing  any  work  authorized  by  this  act,  said  legislative  body  shall  cause 
notice,  with  s])ecifications,  to  be   posted   consjiicuously  for   five   days  on 
or  near  the  chamber  door  of  said  legislative  body,   inviting  sealed   pro- 
posals or  bids  for  doing  the  work  ordered,  and  shall  also  cause  notice  of 


2105  STREETS.  Act  3937c,  §  9 

said  work  inviting  said  proposal,  and  referring  to  the  specifications 
posted  or  on  file,  to  be  published  for  two  days  in  a  daily,  or  weekly 
newspaper  published  and  circulated  in  said  city,  designated  loy  said  legis- 
lative body  for  that  purpose,  and  in  ease  there  is  no  newspaper  published 
in  said  city,  then  it  shall  only  be  posted  as  hereinbefore  provided. 
Every  bid  shall  be  delivered  to  the  clerk  of  the  legislative  body  and 
shall  be  accompanied  by  a  check  certified  by  a  responsible  bank,  amount- 
ing to  ten  per  cent  of  the  amount  of  the  bid,  payable  to  the  order  of 
the  said  clerk,  or  by  a  bond  for  the  said  amount,  and  so  payable,  signed 
by  the  bidder  and  by  two  sureties  who  shall  justify  before  any  officer 
competent  to  administer  an  oath,  in  double  the  said  amount,  and  over 
and  above  all  statutory  exemptions,  and  said  amount  shall  be  forfeited 
to  the  city  in  case  the  bidder  depositing  the  same  does  not,  within  ten 
days  after  written  notice  that  the  contract  has  been  awarded  to  him, 
enter  into  a  contract  with  the  city  to  do  the  work,  with  the  bonds  here- 
inafter required.  Said  bids  shall  be  opened  by  the  legislative  body  in 
public  session  and  publicly  declared,  and  no  bid  shall  be  considered 
unless  accompanied  by  said  bond  or  said  certified  check.  The  legislative 
body  must  let  the  contract  to  the  lowest  responsible  bidder,  who  shall 
give  bond  for  the  faithful  performance  of  the  work  in  such  sum  as  may 
be  required  by  it,  with  sureties  satisfactory  to  said  legislative  body; 
provided,  however,  that  the  legislative  body  may  reject  any  and  all  bids, 
should  it  deem  this  for  the  public  good,  and  also  the  bid  of  any  person 
who  has  been  delinquent  or  unfaithful  in  the  performance  of  any  former 
contract  with  the  city,  or  of  any  other  contract  let  by  or  under  the 
authority  thereof.  The  contract  must  provide  that  the  work  shall  be 
done  under  the  supervision  of  the  superintendent  of  streets,  and  no  work 
shall  be  paid  for  until  it  has  been  accepted  by  the  legislative  body. 
Whenever  the  contractor  desires  the  work,  or  part  thereof,  to  be  ac- 
cepted, he  must  make  written  application  to  that  effect  to  the  legislative 
bodj'.  Upon  the  filing  of  such  application  for  acceptance,  the  clerk  of 
the  legislative  body  shall  give  not  less  than  five  days'  notice  by  pub- 
lication by  two  insertions  in  a  daily  or  weekly  newspaper,  published 
and  circulated  in  the  city,  or  by  posting  for  two  daj's  in  three  public 
places  in  the  city,  in  case  no  such  newspaper  is  published  and  circulated 
therein,  that  at  a  certain  time  and  place,  to  be  named  in  said  notice, 
the  legislative  body  of  the  city  will  hear  and  consider  any  objections 
to  the  acceptance  of  the  work,  or  part  of  the  work,  for  the  acceptance 
of  which  said  contractor  has  made  such  application,  and  only  after 
such  hearing  shall  any  work  be  accepted.  If  upon  such  hearing  any 
objections  to  the  acceptance  are  made,  and  are  sustained  by  the  legisla- 
tive body,  the  legislative  body  must  require  the  contractor  to  take  such 
steps  as  will  remove  such  objections;  and  in  the  event  of  his  failure 
to  do  so,  within  such  time  as  the  legislative  body  shall  prescribe,  the 
legislative  body  may  relet  such  portion  of  the  work,  and  charge  the  con- 
tractor the  cost  thereof,  together  with  all  expenses  incident  to  said 
reletting,  and  retain  the  same  out  of  any  moneys  due,  or  to  become  due, 
to  him  under  the  contract,  and  also  hold  him  and  his  sureties  responsi- 


Act  3937c,  §  10  GENERAL   LAWS.  2106 

ble  therefor  upon  his  bond.  The  contract  shall  provide  that  the  work 
must  be  commenced  within  twent}'  days  after  the  contractor  receives 
written  notice  from  the  superintendent  of  streets  that  there  is  sufficient 
money  or  bonds,  or  money  and  bonds  in  the  special  fund  devoted  to 
the  proposed  improvement  to  pay  the  contract  price,  and  completed 
within  such  time  as  the  superintendent  of  streets  shall  prescribe.  If 
the  contractor  abandons  the  work  or  fails  to  proceed  with  the  same  as 
rapidly  as  required  by  his  contract,  the  legislative  body  may  relet  the 
contract,  or  any  portion  thereof,  and  pay  the  cost  of  the  same,  and 
also  any  expenses  incident  to  the  reletting,  out  of  any  funds  due,  or 
to  become  due  the  contractor,  and  also  hold  him  and  his  sureties  respon- 
sible upon  his  bond  for  such  costs  and  expenses,  and  also  any  damages 
resulting  from  such  al)andonment.  At  the  time  of  executing  said  con- 
tract the  contractor  shall  file  with  the  superintendent  of  streets  a  good 
and  sufficient  bond,  approved  by  the  superintendent  of  streets,  in  a 
sum  not  less  than  one-half  the  total  amount  payable  by  the  terms  of 
said  contract.  Such  bond  shall  be  executed  by  the  principal  and  at  least 
two  sureties  who  shall  qualify  for  double  the  sum  specified  in  said  bond, 
and  shall  be  made  to  inure  to  the  benefit  of  any  and  all  persons,  com- 
panies, or  corporations  who  performed  labor  on  or  furnished  materials 
to  be  used  in  the  said  work  or  improvement,  and  shall  provide  that  if 
the  contractor  to  whom  said  contract  was  awarded  fails  to  pay  for  any 
material  so  furnished  for  the  said  work,  or  for  any  work  or  labor  done 
thereon  of  any  kind  that  the  sureties  will  pay  the  same  to  an  amount 
not  exceeding  the  sum  specified  in  said  bond.  .\ny  materialman,  person, 
company  or  corporation  furnishing  materials  to  be  used  in  the  perform- 
ance of  said  work  specified  in  said  contract  or  who  performed  work  or 
labor  upon  the  said  iinprovenient  whose  claim  has  not  been  paid  by  the 
said  contractor  to  vvliom  the  said  contract  was  awariied,  may,  within 
thirty  days  from  the  time  said  improvement  is  finally  accejited,  filg 
with  the  superintendent  of  streets  a  verified  statement  of  his  or  its  claim, 
together  with  a  statement  that  the  same,  or  some  part  thereof,  has  not 
been  paid.  At  any  time  within  ninety  days  after  the  filing  of  such 
claim  the  person,  company  or  corporation  filing  the  same,  or  their  as- 
signs, may  commence  an  action  on  .^aid  bond  for  the  recovery  of  the 
amount  due  on  said  claim,  together  with  the  costs  incurred  in  said 
action  and  a  rtasouable  attorney  fee  to  be  fixed  by  the  court  for  the 
prosecution  thereof.  Upon  the  signing  of  the  contract  for  the  doing 
of  the  work  the  clerk  of  the  legislative  body,  if  there  be  no  board 
of  public  works  in  said  city,  shall  certify  to  such  commission  the  amount 
of  the  contract  price. 

Assessment  for  incidental  expenses.     Report. 

§  10.  The  commission  shall,  as  soon  as  practicable,  after  determining 
what  damages  will  be  caused  by  said  improvement,  and,  after  the  sign- 
intr  of  the  contract  for  the  work,  assess  the  total  amount  of  all  the 
incidental  expenses  of  such  improvement,  which  shall  include  the  neces- 
sary expenses  and  disbursements  of  the  commission,  the  cost  of  making 


2107  STREETS.  Act  3937c,  §  11 

the  assessment,  and  all  expenses  necessarily  incurred  by  tbe  city  in  con- 
nection with  the  proposed  improvement  for  maps,  diagrams,  plans,  sur- 
veys and  other  matters  incident  thereto,  upon  the  respective  lots  or 
parcels  of  land  in  the  assessment  district  described  in  the  ordinance  or 
resolution  of  intention,  in  proportion  to  the  benefits  to  be  received  by 
such  lots  or  parcels  of  land,  respectively,  from  the  said  improvement,  and 
shall  make  and  file  with  the  clerk  of*  the  legislative  body  a  report  in 
writing  containing   the   following: 

Lots  damaged. 

1.  A  schedule  describing  the  lots  or  parcels  of  land  belonging  to  each 
petitioner  for  damages  and  which  will  be  damaged  by  said  proposed 
improvement,  stating  the  amount  of  damage  to  each  lot  or  parcel  as 
determined  by  the  commission,  and  the  name  of  the  owner  of  each  such 
lot  or  parcel  of  land  so  damaged. 

Diagram  of  district. 

2.  A  diagram  showing  the  assessment  district,  and  also  the  boundaries 
and  dimensions  of  the  respective  lots  or  parcels  of  land  within  said  dis- 
trict, and  each  of  such  lots  or  parcels  of  land  shall  be  given  a  separate 
number  in  red   ink  upon   said  diagram. 

Proposed  assessment. 

3.  A  proposed  assessment  of  the  total  amount  of  damages  that  will 
be  caused  by  said  improvement,  as  determined  by  the  commission,  the 
total  amount  of  contract  price  for  the  work  and  the  total  amount 
of  the  incidental  expenses  thereof  as  above  specified,  upon  the  respective 
lots  or  parcels  of  land  in  said  district  in  proportion  to  the  benefits  to  be 
received  by  such  lots  or  parcels  of  land,  respectively,  from  said  im- 
provement.' Said  assessment  shall  refer  to  such  lots  or  parcels  of  land 
upon  said  diagram  by  the  red  ink  numbers  thereof,  and  need  contain  no 
other  description  thereof,  and  shall  show  the  names  of  the  owners,  if 
known,  otherwise  designating  them  as  unknown;  but  no  mistake  in 
the  name  of  the  owner  of  any  lot  or  parcel  of  land  shall  affect  the 
validity  of  the  assessment  thereon. 

In  case  the  commissioners  do  not  all  agree,  a  majority  of  the  whole 
number  may  make  such  report. 

Hearing  on  report. 

§  11.  Upon  the  filing  of  the  report  provided  for  in  section  10  hereof, 
the  clerk  of  the  legislative  body  shall  present  such  report  to  the  leg- 
islative body,  which  shall  fix  a  day  for  the  hearing  thereof  by  said 
legislative  body,  which  day  shall  not  be  less  than  twenty  days  from  the 
date  of  filing  "such  report,  and  shall  cause  a  notice  of  such  hearing 
to  be  published  by  the  clerk  thereof,  by  three  insertions  in  a  daily  news- 
[laper  published  and  circulated  in  said  city,  or  if  there  be  no  daily  news- 
paper in  said  city,  then  by  two  successive  insertions  in  a  weekly  news 
paper  so  published  and  circulated;   or  if  no   newspaper  is   so  published 


Act  3937c,  §12  general  laws.  2108 

and  circulated,  then  by  posting  for  two  days  in  three  public  places  in 
said  city.  Such  publication  shall  be  completed  at  least  ten  days  before 
the  date  fixed  for  the  hearing.  Said  notice  shall  state  the  fact  that 
such  report  has  been  filed,  and  the  date  set  for  the  hearing  thereof,  and 
require  all  persons  interested  to  file  with  the  clerk  their  objections,  it 
any  they  have,  to  the  confirmation  of  said  report  at  or  before  the  time 
fixed  for  the  hearing. 

Objections  to  report.  Decision  on  report.  Recording  of  assessment  and 
diagram.  When  assessment  becomes  delinquent. 
§  12.  Any  objection  to  said  report  shall  be  in  writing  signed  bj-  the 
objector,  or  his  agent,  and  shall  comply  with  the  requirements  of  section 
4  hereof  for  the  form  and  substance  of  jirotests,  and  shall  be  filed  with 
the  clerk  of  the  legislative  body  at  or  before  the  time  fixed  for  the 
hearing.  At  the  time  fixed,  or  at  any  other  time  to  which  the  hearing 
may  be  continued,  the  legislative  body  shall  hear  said  report  and  any 
objections  thereto,  and  any  person  interested  may  appear  and  be  heard 
upon  said  rejiort  and  objections.  After  such  hearing  the  legislative 
body  shall  pass  upon  the  report,  and  may  confirm,  modify,  or  correct  the 
same,  or  may  confirm  the  report  as  modified  or  corrected,  or  order  the 
commission  to  make  and  file  a  new  report  which  shall  be  heard  in  like 
manner  as  the  first  report  and  after  like  notice  of  hearing.  If  no  ob- 
jections are  filed,  or  if  the  objections  filed  are  not  sustained,  the  legis- 
lative body  shall  confirm  the  rei>ort.  The  action  of  the .  legislative 
body  upon  said  report  shall  be  declared  bj'  resolution  entered  upon  its 
miiuites,  and  shall  be  final  and  font-lusive,  except  as  to  the  damages  to 
be  caused  by  tlie  proposed  improvement;  and  when  such  report  is  con- 
firmed, or  is  confirmed  as  modified  or  corrected,  the  clerk  of  the  legis- 
lative body  shall  transmit  the  diagram  and  assessment  provided  for  in 
section  10  hereof,  as  finally  confirmed,  to  the  superintendent  of  streets. 
The  superintendent  of  streets  sliall  thereupon  record  such  assessment 
and  diagram  in  his  office,  in  a  suitable  book  to  be  kept  for  that  purpose, 
and  a]ipend  thereto  his  certificate  of  the  date  of  such  recording,  and 
such  record  shall  be  the  assessment  roll.  From  the  date  of  such  record- 
ing all  persons  shall  be  deemed  to  have  notice  of  the  contents  of  such 
assessment-roll.  Immediately  upon  such  recording  the  several  assess- 
ments contained  in  such  assessment-roll  shall  become  due  and  payaV>le. 
and  each  of  such  assessments  shall  be  a  lien  upon  the  property  against 
which  it  is  made,  jjaramount  to  all  other  liens,  except  liens  for  state, 
county  and  municipal  taxes;  and  such  liens  shall  only  be  discharged  by 
payment  of  the  assessment  or  by  redemption  of  the  land  after  sale  for 
delinquency.  The  superintendent  of  streets  shall,  upon  the  recording  of 
said  assessment,  give  notice  by  publication  for  five  days  in  a  ilaily 
newspaper  published  and  circulated  in  said  city,  or  by  two  insertions 
in  a  weekly  newspaper  so  published  and  circulated;  or  in  case  no  such 
daily  or  weekly  newspaper  is  so  pulilislied  and  circulated  in  said  city, 
then  by  posting  such  notice  for  four  days  in  three  public  places  in  said 


2109  STREETS.       Act  3937c,  §§  13, 14 

city,  that  said  assessment  has  been  recorded  in  his  office  and  that  all 
sums  assessed  therein  are  due  and  payable  immediately,  and  that  pay- 
ment of  the  said  sums  must  be  made  to  him  within  thirty  days  after 
the  date  of  the  first  publication  or  posting,  which  date  shall  be  stated 
in  the  notice.  Said  notice  shall  also  contain  a  statement  that  all  assess- 
ments not  paid  before  the  expiration  of  the  said  thirty  da3-s  shall  be- 
come delinquent,  and  that  thereupon  five  per  cent  upon  the  amount  of 
each  such  assessment  will  be  added  thereto.  When  payment  of  any 
assessment  is  made  the  superintendent  of  streets  shall  mark  opposite 
such  assessment  the  word  "paid,"  the  date  of  payment,  and  the  name  of 
the  person  by  or  for  whom  the  same  is  paid,  and  shall  give  a  receipt 
therefor.  Upon  the  expiration  of  said  period  of  thirty  days,  all  assess- 
ments then  unpaid  shall  become  delinquent,  and  the  superintendent  of 
streets  shall  mark  each  such  assessment  "delinquent"  on  said  assessment 
roll,  and  add  five  per  cent  to  the  amount  thereof. 

Publication  of  delinquent  list. 

§  13.  The  superintendent  of  streets  shall  within  thirty  days  from  the 
date  of  such  delinquency  begin  the  publication  of  a  list  of  the  delin- 
quent assessments,  which  list  must  contain  a  description  of  each  lot  or 
parcel  of  land  delinquent,  and  opposite  each  description  the  name  of  the 
owner  stated  in  the  assessment-roll,  and  the  amount  of  the  assessment 
and  costs  due,  including  the  cost  of  advertisement,  which  cost  of  adver- 
tisement shall  not  exceed  the  sum  of  fifty  cents  for  each  parcel  of  land 
separately  assessed.  He  shall  append  to  and  publish  with  said  delin- 
quent list  a  notice  that  unless  each  assessment  delinquent,  together  with 
the  penalty  and  costs  thereon,  is  paid,  the  property  upon  which  such 
assessment  is  a  lien  will  be  sold  at  public  auction  at  a  time  and  place  to 
be  specified  in  the  notice.  Such  publication  must  be  made  by  five  in- 
sertions in  some  daily  newspaper  published  and  circulated  in.  the  city, 
or  by  two  insertions  in  a  weekly  news]iaper  so  published  and  circulated, 
or,  in  case  no  such  newspaper  is  so  published  and  circulated  in  said  city, 
such  list  of  delinquent  assessments  and  notice  shall  be  posted  in  three 
public  places  in  said  city  for  five  days.  The  time  of  sale  must  not  be 
less  than  five  days  nor  more  than  ten  days  after  the  last  publication  of 
said  list  or  after  the  completion  of  such  posting,  as  the  case  may  be, 
and  the  place  of  sale  must  be  in  or  in  front  of  the  office  of  the  super 
intendent  of  street.  At  any  time  after  such  delinquency  and  prior  to 
the  sale  of  any  piece  of  property  assessed  and  delinquent,  any  person 
.may  pay  the  assessment  on  such  piece  of  property,  together  with  the 
penalties  and  costs  due  thereon,  including  the  cost  of  advertising,  if 
such  payment  is  made  after  the  first  publication  of  the  list  of  delinquent 
assessments. 

Sale  of  property. 

§  14.     At  the  time  and  place  fixed  for  the  sale  the  superintendent  of 
streets  must  commence  the  sale  of  the  property  advertised,  commencing 


Act  3937c,  §§  15, 16  general  laws.  2110 

at  the  head  of  the  list,  and  continuing  in  numerical  order  of  lots  or 
parcels  of  land  until  all  are  sold;  provided,  that  he  may  postpone  or 
continue  the  sale  from  day  to  day  until  all  the  property  is  sold.  Each 
lot  or  parcel  of  land  separately  assessed  must  be  offered  for  sale  scp 
.'irately,  and  the  person  who  will  take  the  least  quantity  of  land  and  then 
and  there  pay  the  amount  of  the  assessment,  penalty  and  cost?  due, 
inoluding  fifty  cents  to  the  superintendent  of  streets  for  a  certificate 
of  sale,  shall  become  the  purchaser.  Tn  case  there  is  no  other  purchaser 
for  any  lot  or  parcel  of  land  offered  for  sale,  the  same  shall  be  struck  off 
to  the  city  as  purchaser. 

Certificate  of  sale.     Lien  vests  in  purchaser, 

§  15.  After  making  the  sale  the  superintendent  of  streets  must  ex- 
ecute in  dujdicate  a  certificate  of  sale  setting  forth  a  description  of  the 
property  sold,  the  name  of  the  owner  thereof  as  given  in  the  assessment- 
roll,  that  said  property  was  sold  for  a  delinquent  assessment  (sjiceifying 
the  inijirovenient  for  which  the  same  was  made),  the  amount  for  which 
such  property  was  sold,  the  date  of  sale,  the  name  of  the  purchaser, 
and  the  time  when  the  purchaser  will  be  entitled  to  a  deed.  The  super- 
intendent of  streets  must  file  one  copy  of  such  certificate  in  his  office, 
and  deliver  the  other  to  the  purchaser,  or  if  the  city  is  the  purchaser, 
to  the  clerk  of  the  legislative  body,  who  shall  file  the  same  in  his  office. 
Upon  the  filing  of  the  copy  of  such  certificate  in  the  office  of  the  super 
intendent  of  streets,  the  lien  of  the  assessment  shall  vest  in  the  pur- 
chaser and  is  only  devested  by  a  redemption  of  the  property  as  in  this 
act  provided.  The  superintendent  of  streets  shall  also  enter  upon  the 
assessment-roll  opposite  the  description  of  each  piece  of  property  offered 
for  sale,  the  description  of  the  portion  thereof  sold,  the  amount  for 
which  the  same  was  sold,  the  date  of  the  sale,  and  the  name  of  the 
purchaser. 

Redemption  of  property  sold. 

§  16.  At  any  time  before  the  expiration  of  one  year  from  the  date 
of  the  sale,  any  lot  or  parcel  of  land  sold  for  a  delinquent  assessment 
may  be  redeemed  by  any  party  in  interest  by  the  payment  to  the  super- 
intendent of  streets  of  the  amount  for  which  the  property  was  sold, 
and  in  addition  thereto,  ten  per  cent  thereon  if  paid  within  six  months 
from  the  date  of  sale;  and  twenty-five  per  cent  if  paid  within  twelve 
months.  When  redemption  is  made  the  superintendent  of  streets  shall 
rote  that  fact  and  the  date  thereof  on  the  duplicate  certificate  of  sale 
on  file  in  his  office,  and  deposit  the  amount  paid  with  the  city  treasurer, 
who  shall  credit  the  purchaser  named  in  the  certificate  of  sale  with  the 
sai^  amount  and  pay  the  same  to  such  purchaser,  or  to  his  assigns,  upon 
the  surrender  of  the  certificate  of  sale  and  upon  satisfactory  proof  of 
assignment  thereof,  if  any.  When  the  city  is  the  purchaser,  the  superin- 
tendent of  streets  shall  notify  the  elerk  of  the  legislative  body  of  the  re- 


I 


2111  STREETS.       Act  3937c,  §§  17, 18 

demption,   and  such  clerk   shall   thereupon   cancel   the   certificate   of  sale 
thereof  on  file  in  his  office. 

Deed  after  twelve  months.  Notice  served  on  owner.  Provisions  to  he 
complied  with. 
§  17.  At  any  time  after  the  expiration  of  twelve  months  from  the 
date  of  sale  the  superintendent  of  streets  must  execute  to  the  purchaser, 
or  to  his  assignee  on  his  application,  if  such  purchaser  or  assignee  has 
complied  with  the  provisions  of  this  section,  a  deed  of  the  property 
sold,  in  which  shall  be  recited  substantially  the  matters  contained  in  the 
certificate,  also  any  assignment  thereof,  and  the  fact  that  no  person 
has  redeemed  the  property.  The  superintendent  of  streets  shall  receive 
from  the  applicant  for  a  deed,  one  dollar  for  making  such  deed,  unless 
the  city  is  the  purchaser,  in  which  case  no  charge  shall  be  made  therefor. 
The  purchaser  of  his  assignee,  must  at  least  thirty  days  before  he  ap- 
plies for  a  deed,  serve  upon  the  owner  of  the  property,  and  upon  the 
occupant  of  such  property,  if  the  same  is  occupied,  a  written  notice,  set- 
ting forth  a  description  of  the  property,  that  said  property  has  been 
sold  for  a  delinquent  assessment  (specifying  the  improvement  for  which 
the  same  was  made),  the  amount  for  which  it  was  sold,  the  amount 
necessary  to  redeem  at  the  time  of  giving  notice  and  the  time  when  such 
purchaser  or  assignee  will  apply  to  the  superintendent  of  streets  for  a 
deed.  If  the  said  owner  cannot  be  found,  after  due  diligence,  said 
notice  must  be  posted  in  a  conspicuous  place  upon  said  property  at 
least  thirty  days  before  the  time  stated  therein,  at  which  the  application 
for  a  deecf  will  be  made.  The  person  applying  for  a  deed  must  file  with 
the  superintendent  of  streets  an  affidavit  or  affidavits,  showing  that 
notice  of  such  application  has  been  given,  as  herein  required,  and  if  the 
notice  was  not  served  on  the  owner  of  the  property  personally,  that  due 
diligence  was  used  to  find  said  owner;  which  affidavit  or  affidavits  must  be 
filed  by  the  superintendent  of  streets  in  his  office.  If  redemption  of  the 
property  is  made  after  such  affidavits  are  filed,  and  more  than  eleven 
months  from  the  date  of  sale,  the  person  making  such  redemption  must 
pay,  in  addition  to  the  other  amounts  required,  three  dollars  for  the 
service  of  notice  and  the  making  of  such  affidavits,  which  amount  shall 
be  paid  over  to  the  purchaser,  or  his  assignee,  in  the  same  manner  as 
other  sums  paid  for  redemption.  No  deed  for  any  property  sold  for  de- 
linquent assessment  shall  be  made  until  the  purchaser,  or  his  assignee, 
has  complied  with  all  of  the  provisions  of  this  section,  and  filed  the 
proper  affidavits  with  the  superintendent  of  streets.  Such  deed  shall  be 
prima  facie  evidence  of  the  truth  of  all  matters  recited  therein,  and  of 
the  regularity  of  all  proceedings  prior  to  the  execution  thereof,  and  of 
title  in  the  grantee. 

Special  fund.     Loan  to  special  fund. 

§  18.     The  funds  collected  by  the  superintendent  of  streets  under  the 
proceedings   herein   provided  for,   either   upon   voluntary   payment   or   as 


Act  3937c,  §19  general  laws.  2112 

the  result  of  sales,  shall  be  paid  by  said  superintendent  of  streets  as 
fast  as  collected  to  the  treasurer  of  said  city,  who  shall  place  the  same 
in  a  special  fund  designated  by  the  number  or  name  of  the  proceedings, 
and  payment  shall  be  made  out  of  said  special  fund  only  for  the  pur- 
poses provided  for  in  this  act.  To  expedite  the  making  of  any  such 
improvement  the  legislative  body  may  at  any  time  transfer  into  said 
special  fund  out  of  any  money  in  the  general  fund  such  sums  as  it  may 
deem  necessary,  and  the  sums  so  transferred  shall  be  deemed  a  loan  to 
such  special  fund,  and  shall  be  repaid  out  of  the  proceeds  of  the  assess- 
ments provided  for  in  this  act;  provided,  however,  that  the  legislative 
body  of  any  municipality  may,  in  its  discretion,  order  by  resolution 
entered  upon  its  minutes  that  the  whole,  or  any  part,  of  the  costs  and 
expenses  of  any  of  the  work  mentioned  in  this  act  shall  be  paid  out  of 
the  treasury  of  the  municipality  from  such  fund  as  the  legislative  body 
may  designate,  and  whenever  a  part  of  such  cost  and  expenses  is  so 
ordered  to  be  paid  the  commission  in  making  up  the  assessment  hereto- 
fore provided  for  such  cost  and  ex]ionses  shall  first  deduct  from  the 
whole  cost  and  expenses  such  part  thereof  as  has  been  so  ordered  to 
be  paid  out  of  the  municipal  treasury,  and  shall  assess  the  remainder  of 
said  costs  and  expenses  proportionately  upon  the  lots,  part  of  lots  and 
lands  within  the  district  to  be  assessed  for  such  work,  and  in  the  manner 
heretofore  provided. 

Lots  owned  by  United  States,  etc.,  may  be  omitted  from  assessment. 
Lots  may  be  assessed. 
§  19.  Whenever  any  lot,  piece  or  parcel  of  land  belonging  to  the 
United  States  or  to  the  state  of  California,  or  to  any  county,  city, 
public  agent,  mandatory  of  the  government,  school  board,  public  ed- 
ucational, penal,  or  reform  institution,  or  institution  for  the  feeble- 
minded or  the  insane,  and  being  in  use  in  the  performance  of  any 
public  function,  is  included  within  the  district  declared  by  the  legis- 
lative body  in  the  resolution  of  intention  to  be  the  district  to  be  assessed 
to  pay  the  costs  and  expenses  of  the  improvement,  the  legislative  body 
may,  in  its  discretion,  in  the  resolution  of  intention  declare  that  such 
lots,  pieces,  or  parcels  of  land  so  owned  and  in  use,  or  any  of  them,  shall 
be  omitted  from  the  assessment  to  be  made  to  cover  the  costs  and  ex- 
penses of  said  work  or  improvement.  In  the  event  that  said  lots,  pieces, 
or  parcels  of  land,  or  any  of  them,  shall  by  said  resolution  be  omitted 
from  the  assessment,  then  the  total  expense  of  all  work  done  shall  be 
assessed  on  the  remaining  lots  lying  within  the  limits  of  the  assessment 
district  without  regard  to  such  omitted  lots,  pieces  or  parcels  of  land. 
In  the  event  the  legislative  body  shall  in  its  resolution  of  intention  de- 
clare that  the  said  lots,  pieces  or  jnircels  of  land  so  owned  and  in  use, 
or  any  of  them,  shall  be  included  in  the  assessment,  or  in  the  event  that 
iio  declaration  is  made  respecting  such  lots,  pieces  or  parcels  of  land, 
then  such  sum  or  sums  as  thereafter  may  be  assessed  against  such  lots, 
pieces  or  parcels  of  land  so  owned  and  used  shall  be  payable  by  the  city, 


2113  STREETS.  Act  3937c,  §§20-22 

out  of  its  general  funti,  unless  the  legislative  body  shall  in  its  resolution 
of  intention  designate  another  fund,  aiiii  the  contract  for  said  work  or 
improvement  thereafter  made  shall  contain  a  provision  to  that  effect. 
After  all  sales  provided  for  in  section  14  of  this  act  have  been  made 
the  superintendent  of  streets  shall  report  to  the  city  treasurer  the 
amount  collected. 

When  awards  of  damages  are  payable. 

§  20.  When  sufficient  money  is  in  the  hands  of  the  city  treasurer  in 
the  special  fund  devoted  to  the  proposed  improvement  to  pay  the  total 
amount  of  estimated  damages  therefrom,  all  expenses  of  the  proceedings 
and  the  cost  of  doing  the  work,  it  shall  be  the  duty  of  the  superintend- 
ent of  streets  to  notify  the  contractor  for  the  work  of  that  fact,  and  to 
draw  demands  on  said  special  fund  for  the  respective  amounts  of 
damages  awarded  by  the  report,  and  to  notify  the  owner  of  each  parcel 
of  land  declared  by  the  report  to  be  damaged,  if  the  name  of  such 
owner  is  stated  in  the  report,  that  the  awards  of  damages  are  payable, 
and  that  he  may  receive  the  sum  awarded  to  him  on  executing  a  release 
to  the  city  of  all  liability  for  damages  caused  by  said  improvement.  Such 
notification  may  be  given  by  depositing  a  notice,  postage  prepaid,  in  the 
postoffice  addressed  to  such  person  at  his  last  known  place  of  residence. 

Refusal  to  accept  award.    Actions  to  recover  amount  claimed. 

§  21.  If  any  owner  of  property  that  will  be  damaged  by  the  proposed 
improvement  shall  fail  or  refuse  to  accept  the  amount  awarded  to  him 
by  the  report  provided  for  in  section  10  hereof,  the  legislative  body 
may  cause  proceedings  to  be  brought  against  him  in  the  name  of  the 
city,  in  the  proper  superior  court,  to  have  the  amount  of  damage  to  such 
property  determined.  Such  proceedings  shall  conform,  as  nearly  as 
may  be,  to  the  provisions  of  the  Code  of  Civil  Procedure,  regarding 
eminent  domain;  provided,  however,  that  the  plaintiff  shall  not  be  re- 
quired to  pay  the  amount  of  damages  awarded  within  thirty  days  after 
judgment.  In  such  proceeding  the  ordinance  ordering  the  improvement 
shall  be  conclusive  evidence  of  the  necessity  of  the  same.  If  no  such 
proceeding  is  brought  against  him  any  owner  of  property  that  is  dam- 
aged by  the  proposed  improvement  may  decline  to  accept  the  amount 
awarded  him,  if  any,  and  bring  an  action  against  the  city  to  recover 
the  amount  to  which  he  claims  to  be  entitled.  Any  such  action  must 
be  brought  within  thirty  days  after  the  final  completion  of  the  improve- 
ment. If  in  such  action  he  fails  to  recover  more  than  the  amount 
awarded  to  him  by  the  report  aforesaid,  he  shall  not  recover  costs. 

When  assessments  raise  Insufficient  amount. 

§  22.  If  the  first  assessment  for  any  improvement  under  this  act,  or 
if  the  sale  of  any  bonds  issued  to  represent  assessments  under  this  act 
as  hereinafter  provided,  fails  to  raise  a  sufficient  amount  of  money  to  pay 
all  costs,  damages  and  expenses  of  the  improvement,  including  any  judg- 

'  133 


Act3937c,§§  23-25  general  laws.  21U 

ments  rendered  in  the  action  and  proceedings  mentioned  in  section  21 
and  the  costs  and  expenses  of  such  action  or  proceedings,  the  legislative 
body  may  pay  the  deficit  out  of  the  general  fund,  or  may  order  a  sup- 
plemental assessment  to  raise  such  deficit,  which  shall  be  made  and 
collected  in  the  same  manner,  as  nearly  as  may  be,  as  the  first  assess- 
ment, and  so  on  until  suflBcient  money  shall  have  been  raised  to  pay 
for  such  improvement. 

Improvement  bonds. 

§  23.  The  legislative  body  of  any  municipal  corporation  of  this  state 
may,  in  its  discretion,  determine  that  improvement  bonds  may  issue  to 
represent  assessments  for  the  costs  and  expenses  of  improvements  under 
this  act.  Such  determination  together  with  the  term  of  such  bonds, 
which  shall  not  exceed  twenty-five  years  from  the  second  day  of  .Jan- 
uary next  succeeding  the  date  of  such  bonds,  shall  be  declared  in  the 
ordinance  of  resolution  of  intention  to  do  said  work. 

Owner  may  elect  to  have  bond  issued. 

§  24.  Whenever  it  is  determined  as  provided  in  section  23  hereof 
that  improvement  bonds  may  be  issued  to  represent  assessments,  the 
owner  of  any  lot  or  parcel  of  land  against  which  an  assessment  has 
been  made  when  the  amount  of  such  assessment  is  fifty  dollars  (.$.30.00), 
or  over,  may  at  any  time  prior  to  delinquency,  elect  to  pay  such  assessment 
in  installments  and  to  have  an  improvement  bond  issued  against  said  lot 
or  parcel  of  land,  in  the  form  and  manner  and  with  the  effect  provided 
in  this  act;  provided,  there  be  no  other  bond  or  bonds  outstanding 
against  said  lot  or  parcel  of  land  representing  any  special  assessment. 

Method  of  making  election  to  have  bond  issued.     Defatdt  in  pasrment. 

Form     of     agreement.     Record     of     election.     Improvement     bond. 

Owner  may  pay  off. 
§  25.  Such  election  shall  be  made  by  such  owner,  or  his  agent  there- 
unto duly  authorized  in  writing,  by  filing  with  the  superintendent  of 
streets  an  affidavit  made  before  a  competent  officer  that  he  or  his  prin- 
cipal, as  the  case  may  be,  is  the  owner  of  the  lot  or  parcel  of  land  in 
question,  and  that  there  is  no  other  bond  outstanding  against  said  lot 
or  parcel  of  land  representing  any  special  assessment,  which  affidavit 
must  be  accompanied  by  a  certificate  of  a  searcher  of  records  that  he  or 
his  principal  is  such  owner,  and  that  there  is  no  other  bond  outstanding 
against  said  lot  or  parcel  of  land  representing  any  special  assessment, 
and  also  by  filing  with  such  officer  a  written  agreement  upxjn  the  form 
hereinafter  provided,  waiving  all  objections  of  whatsoever  kind  or  nature 
against  the  assessment  and  all  proceedings  thereto  and  undertaking  to 
pay  the  amount  of  such  assessment  in  such  number  of  equal  annual  install- 
ments as  shall  be  provided  in  the  ordinance  or  resolution  of  intention, 
each  of  which  installments  shall  be  due  on  the  second  day  of  January  next 
following  the  date  of  such  bond,  with  such  rate  of  interest  per  annum 
as  shall ''be  designated  in  the   ordinance   or  resolution   of  intention   and 


2115  STREETS.  Act  3937c,  §  25 

which  shall  be  payable  semi-annually  on  the  second  day  of  January,  and 
July  thereafter.  Said  agreement  shall  contain  a  provision  to  the  effect 
that  in  case  of  default  in  the  payment  of  any  installment  of  the  principal 
provided  for  therein,  or  interest  accrued  on  deferred  payments,  at  the 
time  called  for  by  said  agreement,  then,  and  in  that  event,  the  entire 
romaining  unpaid  installments  shall  become  immediately  due  and  pay- 
able, and  that  the  same,  and  all  liens  and  agreements  which  are  security 
therefor,  may  be  collected  and  enforced  as  in  this  act  provided.  Said 
agreement  shall  be  in  the  following  or  substantially  the  following  form 
(filling  blanks) : 

The  undersigned,  being  the  owner  of  a  certain  lot  assessed  in  the  pro- 
ceeding for  said   lot  being  assessed   therein   for   the   sum   of  

($ — — )  dollars,  does  hereby  expressly  waive  and  release  all  objections 
of  whatsoever  kind  or  nature  against  the  said  assessment  and  all  pro- 
ceedings prior  thereto  and  in  consideration  of  the  benefit  of  said  im- 
provement and  of  the  extension  of  time  for  paying  therefor  herein 
requested,  do  undertake  and  agree  to  pay  the  amount  of  said  assess- 
ment, to  wit:  the  sum  of  ($ )  dollars  in  yearly  install- 
ments, at  the  time,  and  in  the   manner   specified  and  provided  in  

(title  of  act),  and  do  request  and  elect  to  have  a  bond  issued  against 
said  lot  in  the  manner  and  form  and  with  the  effect  provided  in  said 
act,  and  do  expressly  agree  that  in  the  case  of  default  in  the  payment 
of  any  installment  of  the  principal  provided  for  in  said  bond,  or  interest 
accrued  on  deferred  payment,  then,  and  in  that  event,  that  the  entire 
remaining  unpaid  installments  shall  become  immediately  due  and  pay- 
able, and  that  the  same  and  all  liens  and  agreements  which  are  security 
therefor,  may  be  collected,  and  enforced  as  in  said  act  provided. 

Upon  an  election  being  effected  as  herein  provided  the  superintend- 
ent of  streets  or  other  officer  having  in  his  custody  said  assessment  shall 
make  a  note  thereof  in  his  records  opposite  the  assessment  as  to  which 
such  election  is  made.  All  agreements  and  affidavits  made  and  filed 
hereunder  shall  be  bound  in  a  substantial  book  and  kept  among  the 
records  of  the  superintendent  of  streets,  or  other  officer  having  custody 
of  such  assessments  At  the  time  of  delinquency,  such  officer  shall  ad- 
vise, in  writing,  the  city  treasurer  respecting  the  assessments  as  to 
which  the  owners  have  elected  to  pay  in  installments.  The  city  treas- 
urer shall  thereupon  prepare  a  separate  bond  representing  each  assess- 
ment as  to  which  such  right  of  election  has  been  exercised,  as  specified 
in  the  agreement  made  as  herein  provided,  which  bond  shall  be  in  the 
following  or  substantially  the  following  form   (filling  blanks): 

Improvement  Bond. 

Series  

$ •.  No.  . 

Under  and  by  virtue  of  and  pursuant  to  the  provisions  of (title 

of    act),    I,    out    of    the    fund    for    the    above    designated    improvement 


Act  3937c,  §  25  general  laws.  2116 

bonds,  series will  pay  to  bearer  the  sum  of  ($ )  dollars  with 

interest  at  the  rate  of per  cent  per  annum,  as  is  hereinafter  speci- 
fied,  at   the    office   of   the    city   treasurer   of  the   city  of   .   state   of 

California.     This    bond    is   issued    to    represent    an    assessment  for  

in  the  city  of  ,  as  the  same  is  more  fully  described  in  the  assess- 
ment  therefor.     Its   amount  is   the   amount   assessed   in   said  assessment 

againt    the    lot    numbered therein    and    in    the    diagram    attached 

thereto,  and  which  now  remains  unpaid;  but  until  paid,  with  accrued 
interest,  is  a  first  lien  upon  the  property  affected  thereby,  as  the  same 
is   described   herein,  and   in   said   recorded   assessment   with   its   diagram, 

to  wit:  the  jot  or  parcel  of  land  in  the  city  of county  of  state 

of  California,   described  as  follows: 


and  it  is  issued  in  accordance  with  the  written  request  therefor  on  file 
in  the  office  of  the of  said   city. 

This  bond  is  payable  exclusively  from  said  fund,  and  neither  the  city 
of  ,  nor  any  officer  thereof  is  to  be  holdcn  otherwise  for  its  prin- 
cipal  or   interest.     The  term   of   this   bond   is  years   from  January 

second,  19 — ,  and  at  the  expiration  of  said  time  the  whole  sum  then 
unpaid  shall  be  due  and  payable;  but  on  the  second  day  of  .Tannary 
of  each  year,  after  the  date  hereof,  an  e\en  annual  proportion  of  its 
principal  is  due  and  paj'able  upon   presentation  of  the  coupon   therefor. 

until  the  whole  is  paid,  with   accrued  interest,  at  the  rate  of  per 

cent   per  annum. 

The  interest  is  payable  semi-annually  on  the  second  day  of  January 
and  July  in  each  year  hereafter  upon  presentation  of  the  coupons  there- 
for, the  first  of  which  is  for  the  interest  from  date  to  the  second  day 
of  ,  19 — ,  and  thereafter  the  interest  coupons  are  for  the  semi- 
annual interest. 

Should  default  be  made  in  the  first,  or  any  succeeding  payment  of  the 
principal,  or  in  any  payment  of  interest,  by  the  owner  of  said  lot.  or 
anyone  in  his  behalf,  the  holder  of  this  bond  is  entitled  to  declare  the 
whole  unpaid  amount  to  be  due  and  payable,  and  shall  thereupon  have 
a  right  to  collect  the  same  and  to  enforce  all  liens  and  agreements 
which  are  security  therefor  as  in  said  act  provided. 

At  said  city  of  ,  this  day  of  in  the  year  one  thousand 

nine  hundred  and  . 

City   treasurer  of  the   city  of  . 

Said  bonds  shal"  be  payable  to  the  bearer  and  no  mistake  or  error 
in  the  descrijttion  in  the  bond  of  the  lot  assessed  shall  aflFect  the  validity 
or  lien  of  the  bond,  unless  the  mistake  or  error  is  sucli  that  the  lot 
cannot  be  identified,  and  in  such  event  the  holder  pf  such  bond  may 
have  the  same  corrected  upon  application  to  tlie  city  treasurer  and 
the  officers  or  board  who  or  which  made  the  assessment  to  represent 
which  such  bond  is  issued.     The  owner  of,  or  any  person  interested  in, 


2117  STREETS.  Act  3937c,  §  26 

any  lot  or  parcel  of  land  upon  which  a  bond  has  been  issued  under 
the  terms  of  this  act,  may  at  any  time  pay  off  such  bond  and  discharge 
his  land  from  the  lien  of  the  assessment,  by  paying  to  the  city  treas- 
urer, for  the  holder  of  such  bond,  the  amount  then  unpaid  or  the  prin- 
cipal sum  th'^reof,  and  all  interest  thereon  which  has  accrued  and  is 
unpaid,  together  with  the  semi-annual  installment  of  interest  which  will 
next  become  due  thereafter,  and  in  addition  thereto,  interest  for  two 
years  at  the  rate  specified  in  the  bond  upon  the  unpaid  amount  of  the 
principal. 

New  assessment.  When  court  declares  assessment  invalid.  City  may  set 
aside  assessment  and  make  reassessment.  Procedure.  Payments  on 
original  assessment  credited. 

§  26.  Whenever  any  assessment  or  any  bond  to  represent  the  amount 
of  such  assessment,  made  or  issued  under  the  provisions  of  this  act,  has 
been  set  aside  by  any  court  of  competent  jurisdiction,  or  such  court  has 
refused  to  enforce  any  assessment,  or  has  decreed  any  such  bond  not 
to  constitute  a  valid  and  subsisting  lien  against  the  lot,  piece  or  parcel 
of  land  upon  which  such  assessment  has  been  levied,  then  the  superin- 
tendent of  streets  shall  cause  a  new  assessment  to  be  made  for  the  same 
purpose  for  which  the  former  assessment  was  made,  whether  any  of  the 
assessments  have  been  paid  or  not,  and  new  bonds  shall  in  regular  course 
thereafter  issue  in  the  event  that  bonds  were  issued  under  or  provided 
for  in  the  original  assessment.  It  is  hereby  made  the  duty  of  any  court 
of  competent  jurisdiction  in  rendering  its  judgment  holding  invalid  any 
assessment  hereafter  made,  or  of  any  bond  hereafter  issued  to  represent 
the  amount  of  any  such  assessment,  to  make  a  finding  as  to  whether 
or  not  the  making  of  such  assessment  was  entirely  without  the  power 
of  the  said  city,  and  if  not,  then  what  omission,  irregularity,  illegality, 
informality  or  noncompliance  with  the  requirements  of  this  act  has 
occurred  in  the  proceedings  upon  which  said  assessment  or  assessments 
and  bonds  rest,  and  what  effect  shall  be  given  to  them  in  making  the 
reassessment.  In  the  event  that  the  court  shall  find  that  the  proceed- 
ing, the  expenses  of  which  are  represented  by  said  assessment  or  bonds, 
was  commenced  in  good  faith  and  carried  on  pursuant  to  an  ordinance 
or  resolution  of  the  city  council  providing  for  such  improvement  to 
be  paid  for  by  a  special  assessment,  it  shall  be  the  duty  of  the  said 
court  to  order  the  making  of  a  new  assessment.  The  city  council  may, 
at  the  request  of  any  interested  party,  or  on  its  own  motion,  by  resolu- 
tion duly  passed,  set  aside  any  assessment  or  assessments  and  bonds, 
to  be  made  and  issued  without  any  decree  having  been  obtained  of  or 
from  any  court  regarding  said  matter,  if  in  its  opinion  the  assessment  be 
invalid,  and  it  may  take  all  necessary  steps  and  make  and  pass  all  neces- 
sary orders,  resolutions  or  ordinances  to  reassess  and  relevy  such  assess- 
ment, and  may  reassess  and  relevy  the  same  with  the  same  force  and 
effect   as  an  original  levy. 

Such  reassessment,  whether  made  after  decree  of  court  has  been  ren- 
dered, or  pursuant  to  a  resolution  of  the  council,  shall  be  based  upon  the 


Act  3937c,  §26  general  laws.  2118 

special  and  peculiar  benefit  of  the  proposed  improvement  to  the  respec- 
tive lots,  pieces  or  parcels  of  land  assessed.  The  total  amount  of  the 
reassessment  shall  not  exceed  the  total  amount  of  the  original  assess- 
ment. Such  reassessment  so  made  shall  become  a  charge  upon  the  proi>- 
erty  upon  which  the  same  is  levied,  notwithstanding  any  omission, 
failure  or  neglect  of  any  officer,  body  or  person  to  comply  with  the 
provisions  of  this  act,  and  notwithstanding  the  fact  that  the  proceed- 
ings of  the  city  council,  board  of  public  works  or  any  officer  of  the  city 
or  other  person  connected  with  such  proceedings,  may  have  been  irregu- 
lar, illegal,  informal  or  defective,  or  not  in  full  conformity  with  the 
requirements  of  this  act.  It  is  hereby  declared  to  be  the  true  intent 
and  meaning  of  this  section  to  make  the  cost  and  expense  of  all  local 
imj)rovements  actually  made  or  proposed  to  be  made  in  the  attempted 
exercise  of  the  powers  conferred  upon  municipalities  under  this  act, 
payable  by  the  real  estate  benefited  or  to  be  benefited  by  such  improve- 
ments by  making  a  reassessment  therefor  which  shall  equitably  propor- 
tion to  each  lot,  each  piece  or  parcel  of  land  thereby  benefited  the 
amount  of  the  actual  benefits  derived  or  to  be  derived  from  said  im- 
provement, notwithstanding  that  the  proceedings  of  the  city  council  or 
other  officers  or  agents  of  the  city,  or  other  persons  connected  there- 
with may  have  been  irregular,  illegal  or  defective,  or  not  in  full  con- 
formity with  the  requirements  of  this  act.  Such  reassessment  shall  be 
made  without  a  repetition  of  the  proceedings  had  prior  to  the  issuance 
of  the  assessment  and  shall  be  made  and  issued  in  the  following  manner: 
The  superintendent  of  streets  shall,  upon  the  entering  of  a  decree  of 
court  directing  the  reassessment,  or  upon  the  passage  of  a  resolution 
of  the  city  council  directing  a  reassessment,  proceed  at  once  to  make  a 
reassessment  in  accbrtlance  with  the  said  decree  of  court  or  said  resolu- 
tion of  the  city  council  thereof.  Such  reassessment  shall  be  made  upon 
the  district  described  in  the  ordinance  of  intention  for  said  improvement, 
£ind  in  the  event  that  there  shall  have  been  informalities,  uncertainties 
or  ambiguities  in  the  description  of  the  limits  of  said  district,  then  upon 
the  district  which  the  court  or  council  shall  find  to  be  that  actually 
benefited  by  said  improvement,  but  in  so  finding  said  court  or  council 
shall  follow  the  lines  described  in  the  ordinance  of  intention  so  far  as 
the  same  can  be  ascertained,  and  in  all  cases  of  uncertainty  or  ambiguity 
they  shall  give  regard  to  the  lines  described  and  make  such  determina- 
tion as  to  the  lines  where  there  is  any  uncertainty  or  ambiguity  in  the 
ordinance  of  intention  as  may  be  just  and  equitable.  In  the  event  that 
a  portion  of  the  improvement  has  been  found  to  be  entirely  without 
the  power  of  said  city  to  order,  then  said  assessment  shall  be  for  the 
remainder  of  the  improvement  only,  and  the  benefits  arising  from  the 
improvement  entirely  without  the  jurisdiction  of  the  city  to  order  shall 
not  be  considered  in  making  the  reassessment.  Upon  the  completion  of 
the  reassessment  it  shall  be  presented  to  the  city  council  and  a  day  of 
hearing  sliall  be  fixed  by  it  which  shall  be  at  least  twenty  days  after 
the  filing  of  tlie  reassessment.  The  city  clerk  shall  then  advertise  the 
fact   of   the   filing   by   publishing  a   notice    in    the    official    newspaper,   or 


i 


2119  STREETS.  Act  3937c,  §§27-29 

in  such  other  paper  as  the  council  may  direct,  by  five  insertions,  if  the 
paper  be  a  daily,  or  by  two  insertions,  if  it  be  a  weekly  or  semi-weekly 
newspaper,  stating  the  fact  that  the  reassessment  has  been  filed  with 
him  and  that  objections  to  said  reassessment  will  be  heard  at  the  time 
specified  by  the  city  council.  At  the  time  fixed  for  said  hearing,  or  at 
such  time  or  times  to  which  the  same  may  be  adjourned,  the  city  council 
shall  consider  the  objections  to  said  reassessment  and  in  its  diseretiA 
revise,  correct  and  modify  such  reassessment  in  such  manner  as  is  most 
equitable,  and  it  shall  thereupon  pass  a  resolution  approving  the  confirm- 
ing such  reassessment  and  such  decision  shall  be  a  final  determination 
of  all  matters  relating  to  the  actual  benefits  derived  or  to  be  derived 
from  the  improvement  by  the  respective  lots,  pieces  and  parcels  of  land 
enumerated  in  the  reassessment.  Said  reassessment  shall  thereupon  be 
recorded  by  the  street  superintendent  and  it  shall  in  all  respects  have 
the  same  effect  and  weight  as  the  original  assessment,  and  shall  be  en- 
forced in  the  same  manner.  All  payments  made  upon  the  original  assess- 
ment shall  be  credited  upon  the  reassessment  and  in  the  event  that  the 
reassessment  in  any  instance  is  less  than  the  amount  of  the  original 
assessment,  the  excess  shall  be  payable  to  the  persons  who  paid  the 
original   assessments. 

Record  of  bonds  issued. 

§  27.  The  city  treasurer  shall  enter  in  a  book  kept  for  that  purpose 
in  his  ofiice,  a  record  of  each  bond  issued  hereunder,  specifying  the  date 
of  its  issue,  the  amount  for  which  issued,  to  whom  delivered,  its  dura- 
tion and  a  description  of  the  lot  against  which  issued.  Payments  of 
principal  and  interest  on  account  of  any  bond  issued  hereunder  shall  be 
made  to  the  city  treasurer,  who  shall  keep  a  separate  account  of  all 
such  payments,  (entering  the  same  in  the  record  herein  required  to  be 
kept)  and  place  the  same  in  appropriate  funds  for  the  payment  of  prin- 
cipal and  interest  of  the  bends  on  account  of  which  paid,  and  who  shall, 
upon  the  surrender  of  the  coupons  attached  to  said  bond,  pay  to  the 
holder  thereof,  or  his  order,  the  amount  called  for  by  said  coupons  out 
of  the  funds  in  his  possession   applicable   thereto. 

Bonds  lien  on  property. 

§  28.  The  improvement  bonds  issued  hereunder  shall  take  the  place 
of  and  have  the  same  force,  validity  and  effect  as  assessment  liens  that 
the  assessments  would  have  had  if  no  bonds  had  been  issued,  and  the 
lien  of  said  bonds  shall  not  be  held  or  construed  to  be  merely  con- 
tractual. Said  bonds  shall  by  their  issuance  be  conclusive  evidence  of 
the  regularity  and  validity  of  all  proceedings  leading  up  thereto.  The 
amount  due  upon  any  such  bond  shall  be  a  lien  upon  the  lot  described 
in  such  bond  superior  to  all  other  liens,  charges  and  encumbrances, 
except  the  liens  of  prior  assessment  and  of  municipal,  state  and  county 
taxes. 

Sale  of  bonds. 

§  29.  Improvement  bonds  or  any  number  of  such  bonds,  issued  here- 
under,  except   as   otherwise   provided   in   this   act,   shall   be   sold   to    the 


Act  3937c,  §§  30, 31  general  laws.  2120 

highest  cash  bidder,  after  advertisement  for  bids,  whieh  advertisement 
shall  be  published  for  at  least  three  times  in  a  daily  newspaper  pub- 
lished and  circulated  in  said  city,  or  if  there  be  no  such  daily  news- 
paper, then  such  advertisement  shall  be  published  at  least  once  in  a 
weekly  or  semi-weekly  newspaper  so  published  and  circulated,  or  shall 
be  sold  in  such  other  manner  as  the  legislative  body  may  determine. 
It  any  bond  he  sold  for  an  amount  in  excess  of  par  such  excess  shall 
be  paid  into  such  fund  of  the  city  as  the  legislative  body  thereof  may 
prescribe.  The  proceeds  of  the  sale  of  such  improvement  bond  shall 
be  paid  into  the  fund  of  the  proceeding  to  represent  assessments  in 
which  said  bonds  were  issued. 

Unsold  bonds  turned  into  fund.  Contractor  may  advance  incidental  ex- 
penses. 
§  30.  .Any  bonds  not  sold  at  the  full  expiration  of  fifteen  days  after 
the  completion  of  the  publication  of  the  advertisement  provided  for  in 
the  preceding  section  shall  be  turned  into  the  fund  for  the  improve- 
ment for  which  the  assessment  is  made,  and  shall  be  deemed  and  treated 
as  so  much  money  in  said  fund,  and  shall  upon  final  acceptance  of  said 
improvement  be  issued  to  and  accepted  by  the  contractor  for  the  work, 
or  his  assigns,  in  payment  pro  tanto  of  the  contract  price  of  said  im- 
provement, provided  tiiere  is  suflicicnt  money  in  the  said  fund  to  pay 
all  incidental  expenses  and  all  awards  of  damages  that  must  be  paid 
prior  to  the  doing  of  the  work.  Whenever  in  the  proceedings  for  any 
improvement  bonds  are  authorized  under  the  provisions  of  this  act,  and 
at  the  expiration  of  fifteen  days  after  the  completion  of  the  publication 
of  said  advertisement,  there  is  not  sufficient  money  in  the  fund  for  the 
improvement  to  pay  the  incidental  expenses  and  the  amount  of  any 
award  or  awards  of  damages  that  must  be  paid  prior  to  the  doing  of  the 
work,  the  contractor  may  advance  to  the. fund  for  said  improvement  an 
amount  sufficient  to  pay  said  incidental  expenses  and  damages,  and  re- 
ceive therefor  bonds  in  sufficient  amount,  at  their  par  value,  exclusive 
of  any  accrued  interest  thereon,  to  equal  the  amount  so  advanced  by 
him.  If  the  said  contractor  in  such  event  fails,  neglects  or  refuses 
for  a  period  of  ten  days  after  written  notice  from  the  city  treasurer 
that  said  fifteen  days  from  the  completion  of  the  publication  of  said 
advertisement  has  exjiired,  and  that  there  is  not  sufficient  money  in  said 
fund  to  pay  said  incidental  expenses  and  said  awards  of  damages,  to 
advance  to  said  fund  a  sum  sufficient  for  said 'purj>oses,  the  legislative 
body  of  the  nunicipality  may,  in  its  discretion,  declare  said  contracts 
forfeited,  and  said  contractor  shall  thereupon  lose  all  rights  under  said 
contract. 

Bonds  in  satisfaction  of  damages. 

§  31.  The  (iwuir  of  any  jiroperty  assessed,  to  whom  damages  have 
been  awarded,  as  provided  in  this  act,  may  take  such  bonds,  or  any 
thereof,  in  lieu  of,  or  in  satisfaction  pro  tanto  of,  such  damages.  When 
so   taken   such   bond  shall   be  deemed   to   have  been  sold   to  such   owner 


I 


2121  STREETS.  Act  3937e,  §§  32-34 

and  the  amount  of  damages  to  which  he  is  entitled  shall  be  reduced 
by  the  amount  of  such  bonds  so  taken  at  their  par  value.  Such  owner 
may,  also,  at  any  time  after  such  assessment  becomes  paj'able,  and 
before  the  sale  of  said  property  for  nonpayment  thereof,  demand  of  the 
street  superintendent  that  such  assessment,  or  any  number  of  such  assess- 
ments, be  offset  against  the  amount  of  damages  to  which  he  is  entitled. 
Thereupon,  if  the  amount  of  such  damages  be  equal  to  or  greater  than 
such  assessments,  including  any  penalties  and  costs  due  thereon,  the 
assessments  shall  be  marked  "paid  by  offset";  and  if  said  amount  be 
less  than  said  assessments,  and  any  penalties  and  costs  due  thereon,  the 
person  demanding  such  offset  shall  at  the  same  time  pay  the  difference 
to  the  street  superintendent  in  money,  and  the  assessments  shall,  on  such 
payment,  be  marked  paid,  the  entry  showing  what  part  thereof  is  paid 
Ijy  offset   and  what  part  in  money. 

Advance  from  general  fund  to  pay  incidental  expenses. 

§  32.  The  legislative  body  of  any  municipality  may,  in  its  discre- 
tion, upon  the  failure  of  any  contractor  to  advance  sufficient  money  to 
the  fund  devoted  to  any  improvement  to  pay  the  incidental  expenses 
and  the  awards  of  damages  as  hereinabove  provided,  advance  from  the 
general  fund,  or  from  such  fund  as  said  legislative  body  may  designate, 
to  said  fund  the  amount  necessary  for  such  purposes.  Whereupon  the 
city  treasurer  shall  issue  to  said  city  bonds  of  the  improvement  in  an 
amount  equal  at  their  par  value  to  the  amount  of  money  so  advanced 
by  the  said  city,  and  in  any  event  it  shall  be  competent  for  the  city  to 
advance  to  the  appropriate  fund  the  par  value  of  all  or  any  part  of 
said  bonds,  in  which  ease  the  said  bonds  shall  be  issued  to  the  city,  and 
the  said  city  shall  have  the  same  rights  in  respect  to  the  enforcement 
and  collection  thereof  as  other  purchasers.  Where  the  city  advances 
money  as  in  this  section  provided,  it  shall  have  full  authority  at  any 
time  to  sell  said  bonds  at  a  point  acceptable  to  the  legislative  body 
thereof. 

Remaining  bonds  treated  as  cash, 

§  33.  Whenever  the  contractor  or  the  city  has  advanced  to  the  appro- 
priate fund  an  amount  sufficient  to  pay  the  incidental  expenses  and 
awards,  and  has  received  bonds  at  their  par  value  in  an  amount  equal 
to  the  sum  so  advanced,  as  hereinbefore  provided,  the  bonds  remaining 
shall  b.e  turned  into  said  fund,  and  shall  be  treated  and  regarded  as  so 
much  money  in  said  fund,  and  shall  upon  final  acceptance  of  the  work 
be  issued  to  and  received  by  the  contractor  in  payment  pro  tanto  of 
the  contract   price   of  the   said  improvement. 

Sale  of  lots  for  delinquent  interest  on  bonds. 

§  34.  Whenever,  through  the  default  of  the  owner  of  any  lot  or 
parcel  of  land  upon  which  such  bond  is  issued  to  represent  the  assess- 
ment, payment,  either  of  the  principal  or  of  the  interest,  is  not  made 
when  the  same  has  become   due,  and  the  holder  of  the  bond  thereupon 


Act  3937c,  §§35-37  general  laws.  2122 

demands,  in  writing,  that  the  city  treasurer  proceed  to  advertise  and 
sell  said  lot  or  parcel  of  land  as  herein  provided,  then  the  whole  bond  or 
its  unpaid  remainder,  with  its  accrued  interest,  as  expressed  in  said 
bond,  shall  become  due  and  payable  immediately,  and  on  the  day  follow- 
ing shall   become   delinquent. 

Publication  of  notice.     Notice  served  on  owner. 

§  35.  Upon  the  application  of  the  holder  of  any  bond  that  is  now 
or  shall  hereafter  become  delinquent  as  hereinbefore  provided  the  said 
city  treasurer  shall  publish  twice  in  a  newspaper  of  general  circulation, 
to  be  designated  by  him,  published  in  the  city  where  his  office  is  situ- 
ated, a  notice  which  must  contain  the  date,  number,  and  series  of  the 
delinquent  bond,  a  description  of  the  property  mentioned  in  said  bond, 
and  the  name  of  the  owner  of  such  property  (if  known),  and  if  un- 
known, the  fact  shall  be  so  stated,  the  amount  due  thereon,  and  a  state- 
ment that  unless  the  amount  of  said  bond  and  the  interest  due  thereon, 
together  with  the  cost  of  publication  of  such  notice  are  paid,  the  real 
jiroperty  described  in  said  bond  will  be  sold  at  public  auction  on  a  day 
to  be  therein  fixed,  which  shall  not  be  less  than  fifteen  nor  more  than 
thirty  days  from  the  date  of  the  first  publication  of  said  notice,  and 
the  place  of  such  sale,  which  must  be  in  or  in  front  of  the  office  of  the 
said  city  treasurer.  A  like  notice  shall  not  less  than  fifteen  days  before 
the  day  of  sale  so  fixed  be  served  upon  any  such  owner  if  known  eitlier 
personally  or  by  depositing  the  same  in  the  postoffice  at  such  city  ad- 
dressed to  such  owner  at  his  address  if  known  with  the  postage  thereon 
prepaid.  At  any  time  prior  to  the  sale,  the  owner  or  person  in  posses- 
sion of  any  real  estate  offered  for  sale  unrler  the  provisions  of  this  act 
may  pay  the  whole  amount  of  said  bond  then  due,  with  costs,  and  such 
bond  shall  thereupon  be  canceled;  but  in  case  such  payment  is  not  made 
by  such  owner  or  person  in  possession,  or  by  someone  in  behalf  of  such 
owner,  or  person  in  possession,  the  property  subject  thereto  shall  be  sold 
at  public  auction  to  the  bidder  offering  to  pay  the  amount  due  on  the 
bond  with  costs  for  the  least  portion  of  such  lot  or  parcel  of  land 
offered  for  sale. 

Affidavit  of  publication. 

§  36.  The  city  treasurer,  before  the  day  of  sale  hereinafter  provided 
for,  must  file  with  the  city  clerk  a  copy  of  the  publication,  with  an 
affidavit  of  the  publisher  of  such  newspaper,  or  some  one  in  his  behalf, 
attached  thereto,  that  it  is  a  true  copy  of  the  same;  that  the  publication 
was  made  in  a  newspaper,  stating  its  name  and  place  of  publication  and 
the  date  of  each  issue  thereof  in  which  such  publication  was  made,  on 
which  affidavit  is  prima  facie  evidence  of  all  the  facts  stated  therein. 

Expenses. 

§  37.  The  city  treasurer  must  collect,  in  addition  to  the  amount  due 
on  such  bond,  the  cost  of  the  publication  of  such  notice,  and  fifty  cents 
for   the    certificate    of    sale    delivered    to    the    purchaser    as    hereinafter 

provided. 


2123  STREETS.  Act  3937c,  §§38-^1 

City  treasurer's  record. 

§  38.  The  city  treasurer,  before  delivering  any  certificate  of  sale,  must, 
in  a  boolc  kept  in  his  office  for  that  purpose,  enter  the  date,  number  and 
series  of  the  bond,  description  of  the  lands  sold,  corresponding  with  the 
description  in  the  certificate,  the  date  of  sale,  purchaser's  name,  the 
amount  paid,  regularly  number  the  descriptions  on  the  margin  of  the 
book,  and  put  a  corresponding  number  on  each  certificate.  Such  book 
must  be  open  to  public  inspection  during  office  hours,  when  not  in  actual 
use,  and  he  shall  enter  on  the  record  of  the  bond  the  words  "canceled 
by  sale  of  the  property,"  giving  the  date  of  such  sale. 

Purchaser's  lien  on  property. 

§  39.  Immediately  on  the  sale,  the  purchaser  shall  become  vested 
with  a  lien  on  the  property,  so  sold  to  him,  to  the  extent  of  his  bid,  and 
is  only  devested  of  such  lien  by  the  payment  to  the  city  treasurer  of 
the  purchase  money,  including  costs  herein  provided  for,  with  interest 
thereon,  at  the  rate  of  one  per  cent  per  month  from  the  date  of  sale. 

Redemption  of  property. 

§  40.  A  redemption  of  the  property  sold  may  be  made  by  the  owner 
of  the  property,  or  any  party  in  interest,  within  twelve  months  from 
the  date  of  purchase,  or  at  any  time,  prior  to  the  application  for 
a  deed,  as  hereinafter  provided.  Redemption  must  be  made  in  lawful 
money  of  the  United  States,  and  when  made  to  the  city  treasurer  he  must 
mark  the  word  "Eedeemed,"  the  date  and  by  whom  redeemed  on  the 
margin  of  the  book  where  the  entry  of  the  certificate  is  made,  and  credit 
the  amount  paid  to  the  purchaser  named  in  the  certificate,  and  pay  the 
same  to  such  purchaser,  or  his  assignee,  upon  the  surrender  of  the 
certificate  of  sale,  and  upon  satisfactory  proof  of  an  assignment  thereof, 
if  any. 

Deed  after  one  year.     Notice  to  owner.     Fee  for  service. 

§  41.  If  the  property  is  not  redeemed  within  the  time  allowed  by  the 
provisions  of  the  foregoing  section,  the  city  treasurer,  or  his  successor 
in  office,  upon  application  of  the  purchaser,  or  his  assignee,  must  make 
to  said  purchaser,  or  his  assignee,  a  deed  to  the  property,  reciting  in 
the  deed,  substantially,  the  matter  contained  in  the  certificate,  and  that 
no  person  has  redeemed  the  property  during  the  time  allowed  for  its 
redemption.  The  treasurer  shall  be  entitled  to  receive  from  the  pur- 
chaser two  dollars  for  making  said  deed,  which  shall  be  deposited  in 
the  city  treasury  for  the  use  of  the  city  after  payment  has  been  made 
therefrom  for  the  acknowledgment  of  said  deed;  provided,  however, 
that  the  purchaser  of  the  property,  or  his  assignee,  or  agent,  must, 
thirty  days  prior  to  the  expiration  of  the  time  of  the  redemption,  or 
thirty  days  before  his  application  for  a  deed,  s€rve  upon  the  owner 
or  agent  of  the  property  purchased,  if  named  in  such  certificate  of  sale, 
and  upon  the  party  occupying  the  property,  if  the  property  is  occupied, 
a  written   notice,   stating  that   said   property,   or   a  portion  thereof,  has 


Act  3937c,  §§  42, 43  general  laws.  2124 

been  sold  to  satisfy  the  bond  lien,  the  date  of  sale,  the  date,  number, 
and  series  of  the  bond,  the  amount  then  due,  and  the  time  when  the 
right  of  redemption  will  expire,  cr  when  the  purchaser  will  apply  for  a 
deed,  and  the  owner  of  the  property  shall  have  the  right  of  redemption 
indefinitely,  until  such  notice  shall  have  been  given  and  said  deed  ap- 
jiiied  for,  upon  the  payment  of  the  fees,  penalties,  and  costs  in  this  act 
required.  In  case  of  unoccupied  property,  a  similar  notice  must  be 
jiosted  in  a  conspicuous  place  upon  the  property  at  least  thirty  days 
before  the  purchaser  applies  for  a  deed;  and  no  deed  to  the  property 
sold,  in  accordance  with  the  provisions  of  this  act,  shall  be  issued  by 
the  city  treasurer  to  the  purchaser  of  such  property  until  such  purchaser 
shall  have  filed  with  such  treasurer  an  affidavit  showing  that  the  notice 
hereinbefore  required  to  be  given  has  been  given  as  herein  required, 
which  said  affidavit  shall  be  filed  and  preserved  by  the  said  treasurer 
as  other  records  kept  by  him  in  his  office.  Such  'purchaser  shall  be  en- 
titled to  receive  the  sum  of  fifty  cents  for  his  service  of  such  notice  and 
the  making  of  such  affidavit,  which  sum  of  fifty  cents  shall  be  paid 
by  the  redemptioner  at  the  time  and  in  the  same  manner  as  the  other 
sums,  costs  and  fees  are  paid. 

Deed  as  evidence. 

§  42.  The  deed,  when  duly  acknowledged  or  proved,  shall  be  con- 
clusive evidence  of  all  things  which  the  bond  upon  which  it  is  based 
is  conclusive  evidence,  and  prima  facie  evidence  of  the  regularity  of  all 
j)rocpedings  subsequent  to  the  issue  of  the  bond,  and  conveys  to  the 
grantee  the  absolute  title  to  the  lands  described  therein,  free  of  all 
encumbrances,  except  the  lien   for  state,  county   and  municipal   taxes. 

Abandonment  of  proceedings.     Readvertisement  for  bids. 

§  43.  The  legislative  body  of  any  municijiality  may,  in  its  discretion, 
at  any  time  prior  to  the  letting  of  the  contract  for  any  improvement 
under  this  act,  determine  that  said  proceedings  shall  be  abandoned, 
which  determination  shall  be  declared  by  ordinance  or  by  resolution 
entered  upon  its  minutes.  Such  legislative  body  may  in  like  manner 
abandon  such  proceedings  after  the  letting  of  such  contract  in  any  case 
where  the  contractor  has  failed  to  begin  work  within  the  time  pro- 
vided in  this  act,  or  has  failed  to  complete  the  same  within  the  time 
specified  in  the  contract,  or  has  failed  to  diligently  prosecute  the  said 
work  after  beginning  the  same.  Such  legislative  body  may  also  in  like 
manner  abandon  said  proceedings  when  the  contractor  has  failed, 
neglected  or  refused  for  a  jieriod  of  ten  days  after  receiving  the  notice 
from  the  city  treasurer  that  there  is  not  enough  money  in  the  fund  for 
the  improvement  to  pa}'  incidental  expenses  and  the  awards  of  damages, 
as  hereinbefore  provided,  to  advance  to  said  fund  an  amount  sufficient 
for  such  jnirposes.  Such  legislative  body  may  in  any  of  the  contin- 
gencies specified  in  this  section,  instead  of  abandoning  the  said  proceed- 
ings, direct  the  superintendent  of  streets  to  readvertise  for  bids  for  the 


2125  STREETS.  Act  3937c,  §§44-46 

doiug  of  said  work,  or  any  part  thereof,  and  the  said  contract  may  be 
relet  as  in  the  first  instance,  but  the  bid  of  any  contractor  who  has 
failed  in  any  of  the  obligations  imposed  iijjon  him  by  this  act,  or  by  his 
contract,  shall  not  be  considered  in  any  subsequent  bidding  for  the  same 
work. 

Description  by  reference. 

§  44.  In  all  resolutions,  notices,  orders  and  determinations  subse- 
quent to  the  ordinance  or  resolution  of  intPntion  a  description  of  the 
assessment  district  by  reference  to  the  ordinance  or  resolution  of  in- 
tention shall  be  sufficient,  and  in  all  resolutions,  notices,  orders,  and 
determinations  subsequent  to  the  "Notice  of  street  work"  a  descrip- 
tion of  the  work  by  reference  to  the  ordinance  or  resolution  of  intention 
shall  be  sufficient. 

Definitions:  "Lots  or  parcels  of  land." 

§  45.  The  term  "lots  or  parcels  of  land"  whenever  mentioned  in  this 
act  shall  be  deemed  to  include,  and  shall  include,  property  owned  or  con- 
trolled by  any  person,  firm  or  corporation,  as  a  railroad,  street,  or 
interurban  railroad  right  of  way,  and  whenever  a  railroad,  street,  or 
interurban  railroad  right  of  way  shall  be  included  within  any  district  to 
be  assessed  for  the  cost  of  any  improvement  provided  for  in  this  act 
such  railroad  right  of  way  (whether  the  same  is  owned  in  fee  or  as 
an  easement  or  under  a  franchise)  shall  be  included  in  the  assessment, 
and  shall  be  assessed  in  the  same  manner  and  with  the  same  effect  as 
other  lots  or  parcels  of  land  are  assessed,  as  provided  in  this  act,  and 
such  railroad,  street,  or.  interurban  railroad  right  of  way  shall  be  sub- 
ject to  sale  for  nonpayment  of  assessments  as  in  this  act  provided. 

§  46.  The  following  words  and  phrases  shall,  where  used  in  this  act, 
have  the  following  meaning: 

"Improvement." 

1.  The  term  "improvement"  includes  the  establishment,  change  or  mod- 
ification of  grade,  if  any,  and  all  the  improvements  mentioned  in  section 
1  of  this  act. 

"City." 

2.  The  term  "city"  includes  every  incorporated  city,  city  and  county, 
or  other  corporation  organized  for  municipal  purposes. 

"City  treasurer." 

3.  The  term  "city  treasurer"  includes  any  officer  who  has  charge  and 
ma"kes  payment  of  the  city  funds. 

"Superintendent  of  streets." 

4.  The  term  "superintendent  of  streets"  includes  any  officer  or  board 
whose  duty  it  is  by  law  to  have  the  care  or  charge  of  streets  or  the 
improvement  thereof  in  any  city.     In  any  city  where  there  is  no  super- 


Act  3937c,  §§  47, 48  gexeral  laws.  2126 

intendent  of  streets,  or  such  board,  the  legislative  body  is  hereby  au- 
thorized to  designate  some  other  officer  of  the  city,  or  other  person,  to 
perform  the  duties  imposed  by  this  act  on  the  superintendent  of  streets, 
and  all  of  the  provisions  hereof  applicable  to  the  superintendent  of 
streets  shall  apply  to  the  officer  so  designated. 

"Owner." 

5.  The  term  "owner"  or  the  term  "any  person  interested"  is  deemed  to 
be  the  person  owning  the  fee,  or  the  person  in  whom  on  the  day  any 
I)rotest  is  filed,  the  legal  title  to  real  property  ai)pears  by  deeds  duly 
recorded  in  the  county  recorder's  office  of  the  county  in  which  said  city 
is  situate;  or  any  person  in  possession  of  real  property  as  the  executor, 
administrator,  trustee  under  an  express  trust,  guardian  or  other  legal 
representative  of  the  owner,  or  any  person  in  possession  of  real  property 
under  written  contract  of  purchase,  duly  recorded. 

"Incidental  expenses." 

(5.  The  term  "incidental  expenses"  shall  be  held  to  mean  and  include 
all  the  necessary  expenses  and  disbursements  of  the  comniission.  the 
cost  of  making  the  assessment,  and  all  expenses,  necessarily  incurred  by 
the  city  in  connection  with  the  proposed  improvement  for  maps,  dia- 
grams, plans,  surveys,  the  mailing  of  any  notices,  and  other  matters  in- 
cident thereto. 

"Delinquency." 

7.  The  term  "delinquency"  as  herein  used  shall  mean  delinquency  in 
the  jiayment  of  an  assessment  made  under  the  provisions  of  this  act, 
and  the  expression  "time  of  delinquency"  shall  mean  the  time  in  this 
act  fixed  when  assessments  become  delinquent. 

Act  1909  repealed. 

§  47.  .\n  ;ut  entitled  "An  act  to  provide  for  the  improvement  of 
j'lililic  streets,  lanes,  alleys,  courts  and  places  in  municipalities,  in  cases 
where  any  damage  to  private  property  would  result  from  such  improve- 
ment, and  for  the  assessment  of  the  costs,  damages,  and  expenses  thereof 
upon  the  property  benefited  thereby,"  approved  .Vpril  21,  1909,  is  hereby 
rejtealed;  provided,  that  proceedings  taken  under  the  act  hereby  repealed, 
commenced  prior  to  the  taking  effect  of  this  act,  may  be  continued  to 
comidetion  under  the  provisions  thereof  with  the  same  force  and  eflfect  as 
if  said  act  were  not  hereby  repealed. 

Acts  not  repealed. 

§  -18.  Kxcopt  as  to  the  act  hereby  expressly  repealed  this  act  shall 
in  no  wise  affect  any  other  act  or  acts  on  the  same  subject,  nor  apply 
to  any  jiroccedings  taken  thereunder,  but  is  intended  to  and  does  jiro- 
vide  .in  alternative  system  for  making  the  improvements  provided  for 
bv  this  act;  and  it  shall  be  wnthin  the  discretion  of  the  legislative  body 
of   any   city   to   proceed,   in   making   said   improvements,   under   the   pro- 


2127  SUBWAYS.  Act  3937(1,  §§  1, 2 

visions  either  of  this  act  or  of  such  other  acts;  but  when  any  proceed- 
ings are  commenced  under  this  act,  the  provisions  of  this  act,  and  of  such 
amendments  thereof  as  may  be  hereafter  adopted,  and  no  other,  shall 
apply  to  all  such  proceedings,  and  any  provisions  contained  in  such  other 
acts  or  any  acts  in  conflict  herewith  shall  be  void  and  of  no  effect 
as  to  the  proceedings  commenced  under  this  act. 

Title  of  act. 

§  49.  The  provisions  of  this  act  shall  be  liberally  construed  to  pro- 
mote the  objects  thereof.  This  act  msij  be  designated  and  referred  to  as 
the  "Street  Improvement  Act  of  1913." 

TITLE  449a. 

SUBWAYS. 
ACT  3937d. 

An  act  concerning  tunnels,  tubes  and  subways  under  navigable  streams 
and  bodies  of  water  in  the  state  of  California. 
[Approved  March  23,  1911.     Stats.  1911,  p.  474.] 

Construction  of  tunnels  under  navigable  streams. 

§  1.  Whenever,  in  the  judgment  of  the  board  of  supervisors  of  any 
county,  it  shall  be  deemed  advisable  in  the  interests  of  commerce,  or  for 
the  benefit  of  the  residents  of  said  county,  or  for  the  purpose  of  expe- 
diting travel  between  points  on  opposite  sides  of  any  navigable  stream 
or  body  of  water,  to  build  and  construct  tubes,  tunnels  or  subways  under 
such  navigable  streams  or  bodies  of  water  for  the  public  use,  at  such 
point  or  place  under  said  navigable  stream  or  body  of  water  as  shall  be 
determined  upon  by  the  said  board  of  supervisors,  the  said  board  of 
supervisors  must  call  an  election  and  submit  to  the  electors  of  said  county 
the  question  whether  bonds  of  said  county  shall  be  issued  and  sold  for 
the  purpose  of  building  and  constructing  said  tube,  tunnel  or  subway. 
The  order  calling  such  election  shall  be  valid  and  effectual  when  signed 
by  two-thirds  of  said  board  of  supervisors,  and  said  election  shall  be  held 
and  said  bonds  issued,  in  accordance  with  the  terms  and  provisions  of 
title  2,  part  4,  of  the  Political  Code  of  the  state  of  California. 

Expenses  of  ascertaining  cost  of  tunnel. 

§  2.  The  board  of  supervisors  of  any  county  in  this  state  may,  for 
the  purpose  of  ascertaining  the  probable  cost  of  any  proposed  tube,  tun- 
nel or  subway,  expend  out  of  the  general  fund  of  said  county  not  other- 
wise appropriated,  a  sum  not  exceeding  thirty-five  hundred  dollars; 
provided,  that  when  any  such  proposed  tube,  tunnel  or  subway  shall 
reach  partly  in  one  county  and  partly  in  another,  said  counties  shall 
equally  divide  the  expenditure  necessary  to  ascertain  the  probable  cost 
of  any  such  proposed  tube,  tunnel  or  subway,  not  exceeding  in  the  aggre- 
gate the  sum  of  thirty-five  hundred  dollars. 


Act  4018,  §  2  GENEp.\L   LAWS.  2128 

Division  of  cost  between  counties  joined  by  tunnel. 

§  3.  Whenever  any  such  tube,  tunnel  or  suliway  is  proposed  to  be 
built  or  constructed  under  navigable  streams  or  waterways  forming  the 
dividing  line  between  counties,  the  boards  of  supervisors  of  eaf'^  of  tbf> 
counties  into  which  any  of  such  tubes,  tunnels  or  subways  will  reach 
shall  first  agree  as  to  what  portions  of  the  cost  of  such  tube^,  tunnels 
or  subways  shall  be  paid  by  each  of  said  counties,  and  thereafter  the 
ijoards  of  supervisors  of  each  of  such  counties  shall  have  power  to  take 
such  proceedings  as  they  may  deem  proper  under  section  1  of  this  act; 
provided,  however,  that  no  such  tube,  tunnel  or  subway  shall  be  built  or 
constructed  under  navigable  streams  or  waterways  forming  the  dividing 
line  between  counties,  unless  all  thA  counties  into  which  such  tubes,  tun- 
nels or  subways  reach  shall  first  authorize  that  such  work  be  done  and 
bonds  therefor  issued  in  the  manner  provided  in  section  1  of  this  act. 

When  tunnel  reaches  within  limits  of  city. 

§  4.  Whenever  any  such  tube,  tunnel  or  subway,  or  any  part  thereof, 
shall  reach  within  the  limits  of  any  incorporated  town,  or  city,  or  city 
and  county,  and  the  governing  body  of  each  of  such  incorporated  towns, 
or  cities,  or  cities  and  counties,  and  the  board  of  supervisors  of  the 
county  in  which  such  incorporatecl  towns,  or  cities,  are  situated  shall  first 
fto  agree,  the  board  of  supervisors  shall  have  the  power  to  call  an  election 
and  submit  to  the  electors  of  said  county  the  question  whether  bonds  of 
said  county  shall  be  issued  and  sold  for  the  purpose  of  building  and 
constructing  such  tube,  tunnel  or  subway  in  the  manner  prescribed  in 
section  1  of  this  act;  provided,  however,  that  in  the  event  of  such  bonds 
being  authorized  and  sold,  the  construction  of  such  tubes,  tunnels  or 
subways  shall  be  under  the  direction  and  control  of  a  commission  which 
is  hereby  created,  consisting  of  the  chairman  of  said  board  of  supervisors 
and  the  mayor  of  each  of  such  incorporated  towns,  cities,  or  cities  and 
counties,  within  the  limits  of  which  such  tube,  tunnel  or  subway,  or  any 
part  thereof,  shall  reach. 

§  6.     This  act  shall  take  effect   immediately. 
I 

TITLE  512. 

SUTTER'S  FORT. 
ACT  4018. 

An  act  authorizing  the  board  of  Sutter's  Fort  trustees  to  appoint  a  gar- 
dener  for   the   purpose    of    caring   for    the   grounds   around   Sutter's 
Fort,  and  providing  for  the  compensation  of  said  gardener. 
[Approved  March  21,  1907.     Stats.  1907,  p.  776.] 

Amended  1911,  page  1148,  as  follows: 

Salary  of  Sutter's  Fort  gardener. 

§  2.  The  gardener  ]irovidod  for  in  section  1  of  this  act  shall  receive 
an  annual  salary  of  one  thousiuul  two  hundred  dollars,  to  be  paid  at  the 


2129  TAXATION.  Acts  4034^035a 

same  time  anr!  in  the  same  manner  as  other  state  officers.     [Amendment 
approved  April  27,  1911;  Stats.  1911,  p.  1148.] 

TITLE  514. 
TAXATION, 
ACT  4034. 

An  act  to  authorize  the  controller  of  state  to  appoint  an  inheritance  tax 
deputy,  prescribing  his   duties,   and  making   an   appropriation   there- 
for.    ^Approved  March  20,  1909.     Stats.  1909,  p.  557.] 
Repealed  June  16,   1913   (Stats.  1913,  p.   1066).      See   subd.  2  of  §445  of  the  _ 
Political  Code  as  amended  June  16,  1913    (Stats.   1913,  p.   1065). 

ACT  4035. 

An  act  to  establish  a  tax  on  gifts,  legacies,  inheritances,  bequests,  de- 
vises, successions  and  transfers,  to  provide  for  its  collection,  and  to 
direct  the  disposition  of  its  proceeds;  to  provide  for  the  enforce- 
ment of  liens  created  by  this  act  and  for  suits  to  quiet  title  against 
claims  of  lien  arising  hereunder;  to  repeal  an  act  entitled  "An  act 
to  establish  a  tax  on  collateral  inheritances,  bequests,  and  devises, 
to  provide  for  the  collection,  and  to  direct  the  disposition  of  its 
proceeds,"  approved  March  23,  1893,  and  all  amendments  thereto, 
and  all  acts  and  parts  of  acts  in  conflict  with'  this  act.  [Approved 
March   20,   1905;   Stats.   1905,  p.  341.]  j 

Repealed   1911,  p.   713. 

See  post.  Act  4035a. 

Citations.      Cal.  157/518,    519,    520,    521,    526,    551;    158/51,    52,    53.     App. 
8/132,   133,   134;    12/28. 

ACT  4035a. 

An  act  to  establish  a  tax  on  gifts,  legacies,  inheritances,  bequests,  de- 
vises, successions  and  transfers,  to  provide  for  its  collection,  and  to 
direct  the  disposition  of  its  proceeds;  to  provide  for  the  enforcement 
of  liens  created  by  this  act  and  for  suits  to  quiet  title  against  claims 
of  lien  arising  hereunder;  to  repeal  an  act  entitled  "An  act  to  es- 
tablish a  tax  on  gifts,  legacies,  inheritances,  bequests,  devises,  suc- 
cessions and  transfers,  to  provide  for  its  collection,  and  to  direct  the 
disposition  of  its  proceeds;  to  provide  for  the  enforcement  of  liens 
created  by  this  act  and  for  suits  to  quiet  title  against  claims  of  lien 
arising  hereunder;  to  repeal  an  act  entitled  'An  act  to  establish  a 
tax  on  collateral  inheritances,  bequests,  and  devises,  to  provide  for 
the  collection,  and  to  direct  the  disposition  of  its  proceeds,'  approved 
March  23,  1893,  and  all  amendments  thereto,  and  to  repeal  all  acts 
and  parts  of  acts  in  conflict  with  this  act,"  approved  March  20,  1905, 
and  all  amendments  thereto  and  all  acts  and  parts  of  acts  in  conflict 
with  this  act.  [Approved  April  7,  1911.  Stats.  1911,  p.  713.] 
Repealed  June  16,  1913  (Stats.  1913,  p.  1083).  .  See  post,  Act  4035b. 
134 


Act  4035b,  §  1  GENERAL  LAWS.  2130 

ACT  4035b. 

An  act  to  establish  a  tax  on  gifts,  legacies,  inheritances,  bequests, 
devises,  successions  and  transfers,  to  provide  for  its  collection 
and  to  direct  the  disposition  of  its  jiroceeds;  to  provide  for  the 
enforfement  of  liens  created  by  this  act  and  by  any  act  hereby 
repealed*  and  for  suits  to  quiet  title  against  claims  of  liens  arising 
hereunder  or  under  an  act  hereby  repealed,  to  be  known  as  the 
"Inheritance  Tax  Act";  to  repeal  an  act  entitled  "An  act  to  est:ih- 
lish  a  tax  on  gifts,  legacies,  inheritances,  bequests,  devises,  succes- 
sions and  transfers,  to  provide  for  its  collection,  and  to  direct  the 
disposition  of  its  proceeds;  to  provide  for  the  enforcement  of  liens 
created  by  this  act  and  for  suits  to  quiet  title  against  claims  of 
liens,  arising  hereunder;  to  repeal  an  act  entitled  'An  act  to  es- 
tablish a  tax  on  gifts,  legacies,  inheritances,  bequests,  devises,  suc- 
cessions and  transfers;  to  provide  for  its  collection,  and  to  direct 
the  disposition  of  its  proceeds;  to  provide  for  the  enforcement  of 
liens  created  by  this  act  and  for  suits  to  quiet  title  against  claims 
of  liens  arising  hereunder";  to  repeal  an  act  entitled  'An  act  to 
establish  a  tax  on  collateral  inheritances,  bequests,  and  devises,  to 
provide  for  the  collection  and  to  direct  the'  disposition  of  its  pro- 
ceeds,' approved  March  23,  1893,  and  all  amendments  thereto,  and 
to  repeal  all  acts  and  parts  of  acts  in  conflict  with  this  act.  approved 
March  20,  1905,  and  all  amendments  thereto,  and  all  acts  and  parts 
of  acts  in  conflict  with  this  act,"  approved  April  7,  1911. 
[Aj)proved  June  16, 1913.     Stats.  1913,  p.  1066.] 

§  1.     (a)   This  act  shall  be  known  as  the  "Inheritance  tax  act." 

Definitions. 

(b)  The  words  "estate"  and  "property"  as  used  in  this  act  shall  be 
taken  to  mean  the  real  and  personal  property  or  interest  therein  of 
the  testator,  intestate,  grantor,  bargainor,  vendor,  or  donor  passing  or 
transferred  to  individual  legatees,  devisees,  heir  next  of  kin,  grantees, 
donees,  vendees,  or  successors,  and  shall  include  all  personal  property 
within  or  without  the  state. 

(c)  The  word  "transfer"  as  used  in  this  act  shall  be  taken  to  include 
the  passing  of  jiroperty  or  any  interest  therein,  in  possession  or  enjoy- 
ment, present  or  future,  by  inheritance,  descent,  devise,  succession,  be- 
quest, grant,  deed,  bargain,  sale,  gift,  or  appointment  in  the  manner 
herein,   described. 

(d)  The  word  "decedent"  as  used  in  this  act  shall  include  the  testator, 
intestate,  grantor,  bargainor,  vendor,  or  donor. 

(e)  The  words  "county  treasurer"  and  "district  attorney"  and  "inherit- 
ance tax  appraiser."  as  used  in  this  act,  shall  be  taken  to  mean  the 
treasurer  or  the  district  attorney  or  the  inheritance  tax  appraiser  of 
tiie  county  of  the  superior  court  having  jurisdiction,  as  provided  in  sec- 
t'i<fh>j,^5  of  this  act. 


I 


2131  TAXATION.  Act  4035b,  §§  2, 3 

(f)  The  words  "contemplation  of  death,"  as  used  in  this  act,  shall  be 
taken  to  include  that  expectancy  of  death,  which  actuates  the  mind  of 
a  person  on  the  execution  of  his  will,  and  in  nowise  shall  said  words 
be  limited  and  restricted  to  that  expectancy  of  death  which  actuates 
the  mind  of  a  person  in  making  a  f,nft  causa  mortis;  and  it  is  hereby 
declared  to  be  the  intent  and  purpose  of 'this  act  to  tax  any  and  all 
transfers  wiiich  are  made  in  lieu  of  or  to  avoid  the  passing  of  property 
transferred  by  testator  or  intestate  laws. 

Property  taxable. 

§  2.  A  tax  shall  be  and  is  hereby  imposed  upon  the  transfer  of  any 
property,  real,  personal  or  mixed,  or  of  any  interest  therein  or  income 
therefrom  in  trust  or  otherwise,  to  persons,  institutions  or  corporations, 
not  hereinafter  exempted,  to  be  paid  to  the  treasurer  of  the  proper 
county,  as  hereinafter  directed,  for  the  use  of  the  state,  in  the  following 
cases: 

Resident  decedents. 

(1)  When  the  transfer  is  by  will  or  by  the  intestate  or  homestead 
laws  of  this  state,  from  any  person  dying  seised  or  possessed  of  the 
property  while  a  resident  of  the  state,  or  by  any  probate  homestead  set 
apart  from  said  property. 

Nonresident  decedents. 

(2)  When  the  transfer  is  by  will  or  intestate  laws  of  property  within 
this  state  and  the  decedent  was  a  nonresident  of  the  state  at  the  time 
of  his  death. 

Contemplation  of  death.     Transfer  to  take  effect  after  death. 

(3)  ^^'hen  the  transfer  is  of  property  made  by  a  resident,  or  by  a 
nonresident  when  such  nonresident's  property  is  within  this  state,  by 
deed,  grant,  bargain,  sale,  assignment  or  gift,  made  without  valuable 
and  adequate  consideration  in  contemplation  of  the  death  of  the  grantor, 
vendor,  assignor  or  donor,  or  intended  to  take  efiFect  in  possession  or 
enjoyment  at  or  after  such  death.  When  such  person,  institution  or 
corporation  becomes  beneficially  entitled  in  possession  or  expectancy  to 
any  property  or  the  income  therefrom,  by  any  such  transfer,  whether 
made  before  or  after  the  passage  of  this  act. 

Power  of  appointment. 

§  3.  (a)  Whenever  any  person  or  corporation  shall  be  given  a  power 
of  appointment  by  virtue  of  any  disposition  of  property  made  before 
or  after  the  passage  of  this  act,  such  gift  of  power  of  appointment  shall, 
under  the  provisions  of  this  act,  be  deemed  a  transfer  made  from  the 
donor  of  said  power  to  the  donee  thereof  and  taxable  upon  said  donor's 
death. 

Excessive  commissions  to  executors. 

(b)   Whenever    a   decedent   appoints    or   names    one    or   more   executors  "^^ 
or  trustees,  and  makes  a  bequest  or  devise  of  property  to  them  in 'lieu 


Act  4035b,  §§  4, 5  gen-eral  laws.  2132 

of  commissions  6r  allowances,  which  otherwise  would  be  liable  to  said 
tax,  or  appoints  them  his  residuary  legatees,  and  said  bequest,  devise, 
or  residuary  legacies  exceeds  what  would  be  a  reasonable  compensation 
for  their  services,  such  excess  over  and  above  the  exemptions  herein 
provided  for  shall  be  liable  to  said  tax;  and  the  superior  court  in  which 
the   probate   proceedings  are   pending  shall   fix   the   compensation. 

Estates  determinable  by  reference  to  death  taxable. 

{(■)  Where  any  property  shall,  after  the  passage  of  this  act,  be  trans- 
ferred subject  to  any  charge,  estate  or  interest,  determinable  by  the 
death  of  any  person,  or  at  any  period  ascertainable  only  by  reference 
to  death,  the  increase  accruing  to  any  person  or  corporation  upon  the 
extinction  or  determination  of  such  charge,  estate  or  interest,  shall  be 
deemed  a  transfer  of  property  taxable  under  the  provisions  of  this  act 
in  the  same  manner  as  though  the  person  or  corporation  beneficially 
entitled  thereto  had  then  acquired  such  increase  from  the  person  from 
whom   the   title  to  their  respective  estates  or   interests  is  derived. 

Ifien.     Limitation. 

§  4.  Such  taxes  .shall  be  and  remain  a  lien  upon  the  property  passed 
or  transferred  until  paid,  and  the  person  to  whom  the  property  passes 
or  is  transferred,  and  all  administrators,  executors  and  trustees  of  every 
estate  so  transferred  or  passed,  shall  be  liable  for  any  and  all  such  taxes 
until  the  same  shall  have  been  ]>aid  as  hereinafter  directed.  The  pro- 
visions of  the  Code  of  Civil  Procedure  relative  to  the  limitation  of  time 
of  enforcing  a  civil  remedy  shall  not  apply  to  any  proceeding  or  action 
taken  to  levy,  appraise,  assess,  determine,  or  enforce  the  collection  of 
any  tax  or  penalty  prescribed  by  this  article,  and  this  section  shall  be 
construed  as  having  been  in  effect  as  of  date  of  the  original  enactment 
of  the  inheritance  tax  law;  provided,  that  unless  sued  for  within  five 
years  after  they  are  due  and  legally  demandable,  such  taxes,  or  any  taxes 
accruing  under  any  act  herein  repealed,  shall  cease  to  be  a  lien  as  against 
any  bona  fide  purchaser  of  real  property;  and  provided^  that  no  such 
lien  shall  cease  within  five  years  from  the  date  of  the  passage  of  this 
act.  The  tax  so  imposed  shall  be  upon  the  market  value  of  such  prop- 
erty at  the  rates  hereinafter  prescribed  and  only  upon  the  excess  over 
the  exemptions  hereinafter  granted;  and  provided,  that  in  determining 
said  market  value  no  deduction  shall  be  made  for  any  family  allowance 
made  out  of  said  estate. 

Primary  rates. 

§  5.  When  the  property  or  any  beneficial  interest  there  so  passed  or 
transferreil  exceeds  in  value  the  exemption  hereinafter  specified  and  shall 
not  exceed  in  value  twenty  five  thousand  dollars,  the  tax  hereby  imposed 
shall   be : 

Husband,  wife,  children,  parents. 

(1)  Wliere  the  person  or  persons  entitled  to  any  beneficial  interest  in 
SVlcK  property  shall  be  the  husband,  wife,  lineal  issue,  lineal  ancestor  of 


2133  TAXATION.  Act  4035b,  §6 

the  decedent  or  any  child  adopted  as  such  in  conformity  with  the  laws 
of  this  state,  or  any  child  to  whom  such  decedent  for  not  less  than  ten 
years  prior  t,o  such  transfer  stood  in  the  mutually  acknowledged  relation 
of  a  parent  (provided,  however,  such  relationship  began  at  or  before  the 
child's  fifteenth  birthday,  and  was  continuous  for  said  ten  j^ears  there- 
after,) or  any  lineal  issue  of  such  adopted  or  mutually  acknowledged 
child,  at  the  rate  of  one  per  centum  of  clear  value  of  such  interest  in 
such  property. 

Brother,  sister,  their  descendants,  son  in  law,  etc. 

(2)  Where  the  person  or  persons  entitled  to  any  beneficial  interest  in 
such  property  shall  be  the  brother  or  sister  or  a  descendant  of  a  brother 
or  sister  of  a  decedent,  a  wife  or  widow  or  son,  or  the  husban<l  of  a 
daughter  of  the  decedent,  at  the  rate  of  two  per  centum  of  the  clear 
value   of  such   interests   in  sucli   property. 

Uncle,  aunt,  their  descendants. 

(3)  Where  the  person  or  persons  entitled  to  any  beneficial  interest 
in  such  property  shall  be  the  brother  or  sister  of  the  father  or  mother 
or  a  descendant  of  a  brother  or  sister  of  the  father  or  mother  of  the 
decedent,  at  the  rate  of  three  per  centum  of  the  clear  value  of  such 
interest  in   such  property. 

Grandimcle,  or  aunt,  their  descendants. 

(4)  Where  the  person  or  persons  entitled  to  any  beneficial  interest 
in  such  property  shall  be  the  brother  or  sister  of  the  grandfather  or 
grandmother  of  the  decedent,  at  the  rate  of  four  per  centum  of  the  clear 
value  of  such  interest  in  such  property. 

Other  persons. 

(5)  Where  the  person  or  persons  entitled  to  any  beneficial  interest 
in  such  property  shall  be  in  any  other  degree  of  collateral  consanguinity 
than  is  hereinbefore  stated,  or  shall  be  a  stranger  in  blood  to  the  de- 
cedent, or  shall  be  a  body  politic  or  corporate,  at  the  rate  of  five  per 
centum  of  the  clear  value  of  such  interest  in   such   property. 

Secondary  rates. 

§  6.  The  foregoing  rates  in  section  5  are  for  convenience  termed 
the  primary  rates.  When  the  market  value  of  such  property  or  interest 
exceeds  twenty-five  thousand  dollars,  the  rates  of  tax  upon  such  excess 
shall  be  as  follows: 

(1)  Upon  all  in  excess  of  twenty-five  thousand  dollars  and  up  to  fift 
thousand  dollars,  two  times  the  primary  rates. 

(2)  Upon   all  in   excess   of  fifty  thousand   dollars   and  up  to   one  hun 
dred  thousand  dollars,  three  times  the  primary  rates. 

(3)  Upon  all  in  excess  of  one  hundred  thousand  dollars  and  up  to  two 
hundred   and   fifty   thousand   dollars,    four   times    the   primary   rates. 

(4)  Upon  all  in  excess  of  two  hundred  and  fifty  thousand  dollars  and 
up  to  five  hundred  thousand  dollars,  five  times  the  primary  rates. 


Act  4035b,  §  7  general  laws.  2134 

(5)  Upon  all  in  excess  of  five  hundred  thousand  dollars  and  np  to 
one  million  dollars,  five  times  the  primary  rate  and  in  addition  thereto 
two  and  one  half  per  centum  of  the  clear  market  value  of  such  interest 
in   such   property. 

(G)  Upon  all  in  excess  of  one  million  dollars,  five  times  the  primary 
rate  and  in  addition  thereto  five  per  centum  of  the  clear  market  value 
of   such   interest    in    such    property. 

Exemptions. 

§  7.     The  following  exemptions  from  the  tax  are  hereby  allowed: 

Charities. 

(1)  All  property  transferred  to  societies,  corporations,  and  institutions 
now  or  hereafter  exempted  by  law  from  taxation,  or  to  any  public  cor- 
poration, or  to  any  society,  corporation,  institution,  or  association  of 
persons  engaged  in  or  devoted  to  any  charitable,  benevolent,  educational, 
public,  or  other  like  work  (pecuniary  profit  not  being  its  object  or 
purpose),  or  to  any  person,  society,  corporation,  institution,  or  associa- 
tion of  persons  in  trust  for  or  to  be  devoted  to  any  charitable,  benevolent, 
educational,  or  public  purpose,  by  reason  whereof  anj-  such  person  or 
corporation  shall  become  beneficially  entitled,  in  possession  or  expec- 
tancy, to  any  such  property  or  to  the  income  thereof,  shall  be  exempt. 

Persons  named  in  subdivision  1,  section  5. 

(2)  Property  of  the  clear  value  of  twenty-four  thousand  ($24,000) 
dollars  transferred  to  the  widow  or  to  a  minor  child  of  the  decedent, 
and  of  ten  thousand  ($10,000)  dollars  transferred  to  each  of  the  other 
persons  described  in  the  first  subdivision  of  section  5,  shall  be  exempt. 

Subdivision  2,  section  5. 

(3)  Property  of  the  clear  value  of  two  thousand  (.$2,000)  dollars  trans- 
ferred to  each  of  the  persons  described  in  the  second  subdivision  of  sec- 
tion   5,   shall   be   exempt. 

Subdivision  3,  section  5. 

(4)  Property  of  the  clear  value  of  one  thousand  five  hundred  ($1,500) 
dollars  transferred  to  each  of  the  persons  described  in  the  third  sub- 
division of  section  5,  shall  be  exempt. 

Subdivision  4,  section  5. 

(5)  Pro]icrty  of  the  clear  value  of  one  thousand  ($1,000)  dollars  trans- 
ferred to  each  of  the  persons  described  in  the  fourth  subdivision  of  sec- 
tion 5,  shall  be  exempt. 

Subdivision  5,  section  5. 

(6)  Property  of  the  clear  value  of  five  hundred  ($500)  dollars  trans- 
ferred to  each  of  the  persons  and  corporations  described  in  the  fifth  sub- 
division  of  section   5,   shall  be   exempt. 


2135  TAXATION.  Act4035b,  §§  8, 9 

Tax  due  at  death.     Rebate. 

§  8.  (a)  All  taxes  imposed  by  this  act,  unless  otherwise  herein  pro- 
vided for,  shall  be  due  and  payable  at  the  death  of  the  decedent,  and  if 
the  same  are  paid  within  eighteen  months,  no  interest  shall  be  charged 
and  collected  thereon,  but  if  not  so  paid,  interest  at  the  rate  of  ten  per 
centum  per  annum  shall  be  charged  and  collected  from  the  time  said 
tax  accrued  ;  provided,  that  if  said  tax  is  paid  within  six  months  from 
the  accruing  thereof  a  discount  of  five  per  centum  shall  be  allowed  and 
deducted  from  said  tax.  And  in  all  cases  where  the  executors,  adminis- 
trators, or  trustees  do  not  pay  such  tax  within  eighteen  months  from  the 
death  of  the  decedent,  they  shall  be  required  to  give  a  bond  in  the 
form  and  to  the  effect  prescribed  in  subdivision  (a)  of  section  9  of  this 
act  for  the  payment  of  said  tax,  together  with  interest. 

Penalty  for  nonpa3rment. 

(b)  The  penalty  of  ten  per  cent  per  annum  imposed  by  subdivision 
(a)  of  this  section,  for  the  nonpayment  of  said  tax,  shall  not  be  charged 
in  cases  where,  in  the  judgment  of  the  court,  by  reason  of  claims  made 
upon  the  estate  necessary  litigation,  or  other  unavoidable  cause  of  de- 
lay, the  estate  of  any  decedent,  or  a  part  thereof,  cannot  be  settled  at 
the  end  of  eighteen  months  from  the  death  of  the  decedent ;  but  in  such 
cases  seven  per  cent  per  annum  shall  be  charged  upon  the  said  tax  from 
the  expiration  of  said  eighteen  months  until  the  cause  of  such  delay 
is  removed,  after  which  ten  per  cent  interest  per  annum  shall  again 
be  charged  until  the  tax  is  paid;  but  litigation  to  defeat  the  payment 
of  the  tax  shall  not  be  considered  necessary  litigation. 

Tax  on  limited  estate  due  at  death. 

§  9.  (a)  Wlien  any  grant,  gift,  legacy,  devise  or  succession  upon 
which  a  tax  is  imposed  by  section  2  of  this  act  shall  be  an  estate,  in- 
come, or  interest  for  a  term  of  years,  or  for  life,  or  determinable  upon 
any  future  or  contingent  event,  or  shall  be  a  remainder,  reversion,  or 
other  expectancy,  real  or  personal,  the  entire  property  or  fund  by  which 
such  estate,  income,  or  interest  is  supported,  or  of  which  it  is  a  part, 
shall  be  appraised  immediately  after  the  death  of  the  decedent,  and 
the  market  value  thereof  determined,  in  the  manner  provided  in  section 
16  or  17  of  this  act,  and  the  tax  prescribed  by  this  act  shall  be  im- 
mediately due  and  payable  to  the  treasurer  of  the  proper  county,  and, 
together  with  the  interest  thereon,  shall  be  and  remain  a  lien  on  said 
property  until  the  same  is  paid;  provided,  that  the  person  or  persons, 
or  body  politic  or  corporate,  beneficially  interested  in  the  property 
chargeable  with  said  tax,  may  elect  not  to  pay  the  same  until  they  shall 
come  into  the  actual  possession  or  enjoyment  of  such  property,  and  in 
that  case  such  person  or  persons,  or  body  politic  or  corporate,  shall  exe- 
cute a  bond  to  the  people  of  the  state  of  California,  in  a  penalty  of 
twice  the  amount  of  tax  arising  upon  personal  estate,  with  such  sureties 
as  the  said  superior  court  may  approve,  conditioned  for  the  payment  of 


Act  4035b,  §  9  general  laws.  2136 

said  tax  and  interest  thereon  at  such  time  or  period  as  they  or  their 
representatives  may  come  into  actual  possession  or  enjoyment  of  such 
property,  and  conditioned  further,  that  if  said  bond  be  not  renewed,  as 
herein  provided,  the  amount  of  said  tax  and  interest  thereon  shall  im- 
mediately become  due  and  jyiyable.  Said  bond  shall  be  filed  in  the  office 
of  the  county  clerk  of  the  proper  county  and  a  certified  copy  thereof 
shall  be  immediately  transmitted  to  the  state  controller;  provided,  fur- 
ther, that  such  person  shall  make  a  full  and  verified  return  of  such 
property  to  said  court,  and  file  the  same  in  the  office  of  the  county  clerk 
within  one  year  from  the  death  of  the  decedent^  and  within  that  period 
enter  into  such  security,  and  renew  the  same  every  five  years.  If  the 
same  shall  not  be  so  renewed  before  the  expiration  of  each  five  year 
period  the  bond  shall  immediately  become  due  and  payable,  and  if  the 
same  be  not  paid  forthwith  the  attorney  general  shall  file  an  action  in 
the  name  of  the  people  of  the  state,  on  the  relation  of  the  controller,  to 
recover   the   same. 

No  allowance  on  account  of  contingent  encumbrance. 

(b)  In  estimating  the  value  of  anv  estate  or  interest  in  property,  to 
the  beneficial  enjoyment  or  possession  whereof  there  are  persons  or  cor- 
porations presently  entitled  thereto,  no  allowance  shall  be  made  on  ac- 
count of  any  contingent  encumbrance  thereon,  nor  on  account  of  any 
contingency  upon  the  happening  of  which  the  estate  or  property  or  some 
part  thereof  or  interest  therein  might  be  abridged,  defeated  or  diminished; 
provided,  however,  that  in  the  event  of  such  encumbrance  taking  effect 
as  an  actual  burden  upon  the  interest  of  the  beneficiary,  or  in  the  event 
of  the  abridgment,  defeat  or  diminution  of  said  estate  or  property  or 
interest  therein  as  aforesaid,  a  return  shall  be  made  to  the  person  prop- 
erly entitled  thereto  of  a  jjroportionate  amount  of  such  tax  on  account 
of  the  encumbrance  when  taking  effect,  or  so  much  as  will  reiluce  the 
same  to  the  amount  which  would  have  been  assessed  on  account  of  the 
actual  duration  or  extent  of  the  estate  or  interest  enjoyed.  Such  re- 
turn of  tax  shall  be  made  in  the  manner  provided  by  section  12  hereof 
upon  order  of  the  court  having  jurisdiction. 

Conditional  estates  taxable  at  highest  rate. 

(c)  When  property  is  transferred  in  trust  or  otherwise,  and  the  rights, 
interest  or  estates  of  the  transferees  are  dependent  uf>on  oontingencits 
or  conditions  whereby  they  may  be  wholly  or  in  part  created,  defeated, 
extended  or  abridged,  a  tax  shall  be  imposed  upon  said  transfer  at  the 
highest  rate  which,  on  the  happening  of  any  of  the  said  contingencies 
or  conditions,  would  be  possible  under  the  provisions  of  this  act,  and 
such  tax  so  imposed  shall  be  due  and  payable  forthwith  by  the  executors 
or  trustees  out  of  the  property  transferred;  provided,  however,  that 
on  the  happening  of  any  contingency  whereby  the  said  property,  or  any 
part  thereof,  is  transferred  to  a  person  or  corporation  exempt  from  tax- 
ation under  the  provisions  of  this  act,  or  to  any  person  taxable  at  a 
rate   less   than   the   rate   imposed   and   paid,   such   person   or   corporation 


I 


2137  TAXATION.  Act  4035b,  §  10 

shall  be  entitled  to  a  return  of  so  much  of  the  tax  imposed  and  paid 
as  the  difference  between  the  amount  paid  and  the  amount  which  said 
person  or  corporation  should  pay  under  the  provisions  of  this  act.  Such 
return  of  overpayment  shall  be  made  in  the  manner  provided  by  section 
12  of  this  act,  upon  order  of  the  court  having  jurisdiction. 

Estates  in  expectancy. 

(d)  Estates  in  expectancy  which  are  contingent  or  defeasible  and  in 
which  proceedings  for  the  determination  of  the  tax  have  not  been  taken 
or  where  the  taxation  thereof  has  been  held  in  abej'ance,  shall  be  ap- 
praised at  their  full,  undiminished  value  when  the  persons  entitled 
thereto  shall  come  into  the  beneficial  enjoyment  or  possession  thereof, 
without  diminution  for  or  on  account  of  any  valuation  theretofore  made 
of  the  particular  estates  for  purposes  of  taxation,  upon  which  said 
estates  in  expectancy  may  have  been  limited. 

Defeasible  estates. 

(e)  Where  an  estate  for  life  or  for  years  can  be  devested  by  the  act 
or  omission  of  the  legatee  or  devisee  it  shall  be  taxed  as  if  there  were 
no  possibility  of  sueh  devesting. 

Determination  of  value  of  limited  estates. 

(f)  The  value  of  every  future,  or  contingent  or  limited  estate,  income 
or  interest,  shall,  for  the  purposes  of  this  act  be  determined  by  the  rule, 
methods  and  standards  of  mortality  and  of  value  that  are  set  forth  in 
the  actuaries'  combined  experience  tables  of  mortality  for  ascertaining 
the  value  of  policies  of  life  insurance  and  annuities  and  for  the  deter- 
mination of  the  liabilities  of  life  insurance  companies,  save  that  the 
rate  of  interest  to  be  assessed  in  computing  the  present  value  of  all 
future  interest  and  contingencies  shall  be  five  (5)  per  cent  per  annum. 
The  insurance  commissioner  shall  without  a  fee  on  the  application  of  any 
superior  court  or  of  any  inheritance  tax  appraiser  determine  the  value 
of  any  future  or  contingent  estate,  income  or  interest  therein  limited, 
contingent,  dependent  or  determinable  upon  the  life  or  lives  of  persons 
in  beijng,  upon  the  facts  contained  in  any  such  appraiser's  application 
or  other  facts  to  him  submitted  by  said  appraiser  or  said  court  and  cer- 
tify the  same  in  duplicate  to  such  court  or  appraiser,  and  his  certificate 
thereof  shall  be  conclusive  evidence  that  the  method  of  computation 
t'herein  is  correct. 

Executor  to  deduct  tax  from  legacy. 

§  10.  (a)  Any  administrator,  executor,  or  trustee  having  in  charge 
or  trust  any  legacy  or  property  for  distribution,  subject  to  the  said  tax, 
shall  deduct  the  tax  therefrom,  or  if  the  legacy  or  property  be  not 
money  he  shall  collect  the  tax  thereon,  upon  the  market  value  thereof, 
from  the  legatee  or  person  entitled  to  such  property,  and  he  shall  not 
deliver,  or  be  compelled  to  deliver,  anj^  specific  legacy  or  property  sub- 
ject to  tax  to  any  person  until  he  shall  have  collected  the  tax  thereon; 


Act  4035b,  §§  11, 12  general  laws.  2138 

and  whenever  any  such  legacy  shall  be  charged  upon  or  payable  out  of 
real  estate,  the  executor,  administrator,  or  trustee  shall  collect  said  tax 
from  the  distributee  thereof,  and  the  same  shall  remain  a  charge  on 
such  real  estate  until  paid;  if,  however,  such  legacy  be  given  in  money 
to  any  person  for  a  limited  period,  the  executor,  administrator,  or 
trustee  shall  retain  the  tax  upon  the  whole  amount;  but  if  it  be  not 
in  money  he  shall  make  apf)lication  to  the  superior  court  to  make  ac 
apportionment,  if  the  case  require  it,  of  the  sum  to  be  paid  into  his 
hands  by  such  legatees,  and  for  such  further  order  relative  thereto  as 
the  case  may  require. 

Sale  of  property  to  pay  tax. 

(b)  All  executors,  administrators,  and  trustees  shall  have  full  power 
to  sell  so  much  of  the  property  of  the  decedent  as  will  enable  them  to 
pay  said  tax,  in  the  same  manner  as  they  may  be  enabled  by  law  to  do 
for  the  payment  of  debts  of  the  estate,  and  the  amount  of  said  tax  shall 
be  paid  as  hereinafter  directed. 

Tax  payable  to  county  treasurer. 

(c)  p]very  sum  of  money  retained  by  an  executor,  administrator,  or 
trustee,  or  ])aid  into  liis  hands,  for  any  tax  on  property,  shall  be  paid 
by  him,  within  thirty  days  thereafter,  to  the  treasurer  of  the  county  in 
wliieh  the  probate  proceedings  are  pending. 

Receipt. 

§  11.  Upon  the  payment  to  any  county  treasurer  of  any  tax  due 
under  this  act,  such  treasurer  shall  issue  a  receipt  therefor,  in  triplicate, 
one  copy  of  which  he  shall  deliver  to  the  person  paying  said  tax,  and 
the  original  and  one  copy  thereof  he  shall  inimeiliately  send  to  the  con- 
troller of  state,  whose  duty  it  shall  be  to  charge  the  treasurer  so  receiv- 
ing the  tax  with  the  amount  thereof,  and  said  controller  shall  retain 
one  of  said  receipts,  and  the  other  he  shall  countersign  and  seal  with 
the  seal  of  his  office,  and  immediately  transmit  to  the  clerk  of  the  court 
lixing  such  tax.  And  an  executor,  administrator,  or  trustee  shall  not 
be  entitled  to  credits  in  his  accounts,  nor  be  discharged  from  liability 
for  such  tax,  nor  shall  said  estate  be  distributed,  unless  a  receipt  so 
sealed  and  countersigned  by  the  controller,  or  a  copy  thereof,  certified 
by  him,  shall  have  been  filed  with  the  court.  Any  person  shall,  upon 
payment  to  the  county  treasurer  of  the  sum  of  fifty  cents,  be  entitled 
to  a  duplicate,  or  copy,  of  any  receipt  that  may  have  been  given  by  said 
treasurer  for  the   payment  of  any  tax   under  this   act. 

Refund. 

§  12.     If  any  debts  shall  be  proven  against  the  estate  of  a  decedent 

after   the    payment    of   any    legacy    or    distributive    share    thereof,    from 

which  any  such  tax  has  been  deducted  or  upon  which  it   has  been   paid 

;:,^.C- by  the  person  entitled  to  such  legacy  or  distributive  share,  and  such  per- 

^'k'Sson  is   required   by   order  of   the   superior   court   having  jurisdiction,   on 


2139  TAXATION.  Act  4035b,  §  13 

notice  to  the  state  controller,  to  refund  the  amount  of  such  debts  or 
any  part  thereof,  an  equitable  pro})ortion  of  the  tax  shall  be  repaid 
to  him  by  the  executor,  administrator,  or  trustee,  if  the  tax  has  not 
been  paid  to  the  county  treasurer;  or  if  such  tax  has  been  paid  to  such 
county  treasurer,  such  officer  shall  refund  out  of  any  inheritance  tax 
moneys  in  his  hands  or  custody  such  equitable  proportion  of  the  tax, 
and  credit  himself  with  the  same  in  the  account  required  to  be  rendered 
by  him  under  this  act.  If,  after  the  payment  of  any  tax  in  pursuance 
cf  an  order  fixing  such  tax,  made  by  the  superior  court  having  jurisdic- 
tion, such  order  be  modified  or  reversed  by  the  superior  court  having 
jurisdiction  within  two  years  from  and  after  the  date  of  entry  of  the 
order  fixing  the  tax,  or  be  modified  or  reversed  at  any  time  on  an  appeal 
taken  therefrom  within  the  time  allowed  by  law  on  due  notice  to  the 
state  controller,  the  county  treasurer  shall  refund  to  the  executor,  ad- 
ministrator, trustee,  person  or  persons  b}'  whom  such  tax  was  paid,  the 
amount  of  any  moneys  paid  or  deposited  on  account  of  such  tax  in  excess 
of  the  amount  of  tax  fixed  by  the  order  modified  or  reversed,  out  of 
any  inheritance  tax  moneys,  in  his  hands  or  custody,  and  credit  him- 
self with  the  same  in  the  account  required  to  be  rendered  by  him  to 
the  controller  on  his  semi-annual  settlement;  but  no  application  for  such 
refund  shall  be  made  after  one  year  from  such  reversal  or  modification, 
unless  an  appeal  shall  be  taken  therefrom,  in  which  case  no  such  applica- 
tion shall  be  made  after  one  year  from  the  final  determination  of  such 
appeal  or  of  an  appeal  taken  therefrom,  and  the  representatives  of  the 
estate,  legatees,  devisees  or  distributees  entitled  to  any  refund  under 
this  section  shall  not  be  entitled  to  any  interest  upon  such  refund,  and 
the  state  controller  shall  deduct  from  the  fees  allowed  by  this  act  to 
the  county  treasurer  the  amount  theretofore  allowed  him  upon  such  over- 
payment. Where  it  shall  be  proved  to  the  satisfaction  of  the  superior 
court  that  deductions  for  debts  were  allowed  upon  the  appraisal,  since 
proved  to  have  been  erroneously  allowed,  it  shall  be  lawful  for  such 
superior  court  to  enter  an  order  assessing  the  tax  upon  the  amount 
wrongfully  or  erroneously  deducted.  This  section,  as  amended,  shall 
apply  to  appeals  and  proceedings  now  pending  and  taxes  heretofore  paid 
in  relation  to  which  the  period  of  one  year  from  such  reversal  or  modi- 
fication has  not  expired  when  this  section,  as  amended,  takes  effect. 

Noticfi  of  transfer  of  property  of  decedent  to  be  given  by  banks,  execu- 
tors, etc.  Consent  of  controller.  Examination.  Penalty. 
§  13.  If  a  foreign  executor,  administrator  or  trustee  shall  assign  or 
transfer  any  stock  or  obligation  in  this  state  standing  in  the  name  of 
a  decedent,  or  in  trust  for  a  decedent,  liable  to  any  such  tax,  the  tax 
shall  be  paid  to  the  treasurer  of  the  proper  county  on  the  transfer 
thereof.  No  safe  deposit  company,  trust  company,  corporation,  bank  or 
other  institution,  person  or  persons  having  in  possession  or  under  con- 
trol securities,  deposits,  or  other  assets,  belonging  to  cr  standing  in  the 
name  of  a  decedent  who  was  a  resident  or  nonresident  or  belonging  to, 


Act  4035b,  §  14  general  laws.  2140 

or  standing  in  the  joint  names  of  such  a  decedent  and  one  or  more  per- 
sons, including  the  shares  of  the  capital  stock  of,  or  other  interest  in, 
the  safe  deposit  company,  trust  company,  corporation,  bank  or  other 
institution  making  the  delivery  or  transfer  herein  provided,  shall  deliver 
or  transfer  the  same  to  the  executors,  administrators  or  legal  representa- 
tives of  said  decedent,  or  to  the  survivor  or  survivors  when  held  in  the 
joint  names  of  a  decedent  and  one  or  more  persons,  or  upon  their  order  or 
request,  without  retaining  a  sufficient  portion  or  amount  thereof  to  pay 
any  tax  and  interest  which  may  thereafter  be  assessed  thereon  under 
this  act  and  unless  notice  of  the  time  and  place  of  such  delivery  or  trans- 
fer be  served  upon  the  state  controller  and  county  treasurer  at  least  ten 
days  prior  to  said  delivery  or  transfer;  provided,  that  the  state  con- 
troller, or  person  by  him  in  writing  authorized  so  to  do,  may  consent 
in  writing  to  said  delivery  or  transfer,  and  such  consent  shall  relieve 
said  safe  deposit  company,  trust  company,  corporation,  bank  or  othei 
institution,  person  or  persons  from  the  obligation  hereunder  to  give 
such  notice  or  to  retain  any  portion  of  said  securities,  deposits  or  other 
assets  in  their  possession  or  control.  And  it  shall  be  lawful  for  the 
state  controller  or  county  treasurer,  personally  or  bj-  representatives,  to 
examine  said  securities,  deposits  or  assets  at  the  time  of  said  delivery 
or  otherwise.  Failure  to  comply  with  the  provisions  of  this  section  shall 
render  such  safe  deposit  company,  trust  company,  corporation,  bank  or 
other  institution,  person  or  persons,  liable  to  a  penalty  of  not  less  than 
one  thousand  (1,000)  dollars,  nor  more  than  twenty  thousand  ($20,000) 
dollars,  and  in  addition  thereto  said  safe  deposit  company,  trust  com- 
pany, corporation,  bank  or  other  institution,  person  or  persons  shall  be 
liable  for  the  amount  of  the  taxes,  interest  and  penalties  due  under 
this  act  on  said  securities,  deposits,  or  other  assets  above  mentioned, 
and  said  penalties  and  liabilities  of  said  safe  deposit  company,  corpora- 
tion, bank  or  other  institution,  person  or  persons  for  the  violation  of 
this  section  may  be  enforced  in  an  action  brought  by  the  state  controller 
or  county  treasurer  in  any  court  of  competent  jurisdiction. 

Appraisers.     Compensation. 

§  14.  The  state  controller  shall  appoint,  and  may  at  his  pleasure  re- 
move, one  or  more  persons  in  each  county  of  the  state  to  act  as  inher- 
itance tax  appraisers  therein.  Every  such  inhoritame  tax  appraiser  (in 
:i(ltlition  to  any  fees  paid  him  as  appraiser  under  section  1444  of  the 
Code  of  Civil  Procedure)  shall  be  paid  by  the  county  treasurer  out  of 
any  funds  that  he  may  have  in  his  hands  on  account  of  said  tax,  on 
presentation  of  a  sworn  itemized  account  and  on  the  certificate  of  the 
superior  court,  at  the  rate  of  five  dollars  per  day  for  every  day  actually 
and  necessarily  emplo\'ed  in  said  inheritance  tax  appraisement,  together 
with  his  actual  and  necessary  traveling  and  other  incidental  expenses, 
and  the  fees  paid  such  witnc-^ses  as  he  shall  subpoena  before  him  which 
fees  shall  be  the  same  as  those  now  paid  to  witnesses  subpoenaed  to 
attend   iri+^iourts   of  record;   provided,   that   in    any    probate   proceeding 


i 


2141  TAXATION.  Act  4035b,  §§  15,  IS 

in  which  the  executor  or  administrator  shall  have  failed  to  have  had 
the  inheritance  tax  appraiser  act  as  one  of  the  appraisers  under  section 
1444  of  the  Code  of  Civil  Procedure  and  to  have  paid  him  his  fees 
therefor,  the  expense  of  making  the  inheritance  tax  appraisement  in 
this  act  provided  for  shall  be  paid  out  of  said  estate,  and  the  executor 
or  administrator  thereof  shall  be  liable  for  said  fee.  Any  such  appraiser 
wlio  shall  take  anj'  fee  or  reward,  other  than  such  as  may  be  allowed 
him  by  law,  from  any  executor,  administrator,  trustee,  legatee,  next  of 
kin,  or  heir  of  any  decedent,  or  from  any  other  person  liable  to  pay 
said  tax,  or  any  portion  thereof,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  not  less  than  two  hundred  and 
fifty  dollars  nor  more  than  five  hundred  dollars,  or  be  imprisoned  in  the 
county  jail  ninety  days,  or  both,  and  in  addition  thereto  the  court  shall 
dismiss   him  from   such   service. 

Jvrisdiction  of  the  superior  court. 

§  15.  The  superior  court  in  the  county  in  which  is  situate  the  real 
property  of  a  decedent,  who  was  not  a  resident  of  the  state,  or  if  there 
be  no  real  property,  then  in  the  county  in  which  any  of  the  personal 
property  of  such  nonresident  is  situate,  or  in  the  county  of  which  the 
decedent  was  a  resident  at  the  time  of  his  death,  shall  have  jurisdiction 
to  hear  and  determine  all  questions  in  relation  to  the  tax  arising  under 
the  provisions  of  this  act;  the  court  first  acquiring  jurisdiction  here- 
under shall  ret?an  the  same,  to  the  exclusion  of  every  other;  provided, 
that  the  superior  court  having  acquired  jurisdiction  in  probate  of  the 
estate  of  a  decedent  shall  hear  and  determine  in  said  probate  proceed- 
ings all  questions  in  relation  to  any  tax  arising  under  the  provisions 
of  this  act:  (a)  Upon  property  passing  in  said  probate  proceedings, 
(b)  Upon  any  other  property  transferred,  within  the  meaning  of  sub- 
division 3  of  section  2  of  this  act,  to  any  person,  institution  or  corpora- 
tion taking  any  property  under  and  by  virtue  of  said  probate  pro- 
ceedings. 

Procedure  by  appraiser  in  probate.     Report  of  market  value. 

§  16.  (a)  When  any  superior  court,  having  jurisdiction  in  probate  of 
the  estate  of  any  decedent,  or  a  judge  of  such  court,  shall,  in  accordance 
with  the  section  1444  of  the  Code  of  Civil  Procedure,  appoint  the  ap- 
praiser or  appraisers  in  said  section  provided  for,  said  superior  court  or 
judge  thereof  shall  also  at  the  same  time  designate  and  appoint  an  in- 
heritance tax  appraiser  (unless  such  designation  and  appointment  be 
previously  made  to  ascertain  and  report  to  said  superior  court  the 
amount  of  inheritance  tax  due  upon  any  property  passing  in  said  probate 
proceeding,  or  a  lien  thereon,  or  upon  any  other  property  transferred 
within  the  meaning  of  subdivision  3  of  section  2  of  this  act,  to  any 
person,  institution  or  corporation  taking  property  under  and  by  virtue 
of  said  probate  proceedings,  together  with  such  other  or  additional  in- 
formation as  shall  assist  said  court  in  the  determination  of  said  tax. 
Thereupon  said  inheritance  tax  appraiser  shall  have  all  the  powers  of  a 


Act  4035b,  §16  general  laws.  2U2 

referee  of  said  superior  court,  and  shall  have  jurisdiction  to  require  the 
attendance  before  him  of  the  executor  or  administrator  of  said  estate, 
or  any  person  interested  therein,  or  any  other  person  whom  he  may  have 
reason  to  believe  possesses  knowledge  of  the  estate  of  said  decedent, 
or  knowledge  of  any  property  transferred  by  said  decedent  within  the 
meaning  of  this  act.  or  knowledge  of  any  facts  that  will  aid  said  ap- 
praiser or  the  court  in  the  determination  of  said  tax.  For  the  purpose 
of  compelling  the  attendance  of  such  person  or  persons  before  him,  and 
for  the  purpose  of  appraising  any  property  or  interest  subject  to,  or 
liable  for  any  inheritance  tax  hereunder,  and  for  the  purpose  of  deter- 
mining the  amount  of  tax  due  thereon,  the  said  inheritance  tax  appraiser 
is  hereby  authorized  to  issue  subpoenas  compelling  the  attendance  of 
witnesses  before  him.  And  he  may  examine  and  take  the  evidence  of 
such  witnesses  or  of  such  executor  or  administrator,  or  other  person 
under  oath  concerning  such  property  and  the  value  thereof,  and  con- 
cerning the  property  or  the  estate  of  such  decedent  subject  to  probate, 
and  concerning  any  transfer  made  by  such  decedent  within  the  meaning 
of  this  act.  Upon  the  completion  of  his  inheritance  tax  appraisement 
in  any  probate  proceeding,  the  inheritance  tax  appraiser  shall  make  a 
report  in  writing  to  the  superior  court  of  the  clear  market  value  of  the 
several  interests  in  the  estate  of  the  decedent,  and  shall  report  the 
amount  of  inheritance  or  transfer  tax  chargeable  against,  or  a  lien  upon 
such  interests,  acquired  by  virtue  of  said  probate  proceedings  or  by 
any  transfer  within  the  meaning  of  this  act  to  any  person,  institution  or 
corporation  acquiring  any  property  by  virtue  of  said  probate  proceedings 
together  with  such  other  facts  as  may  advise  the  court  in  regard  thereto, 
or  which  the  court  may  require,  and  may  return  to  said  superior  court 
such  depositions  as  he  may  have  had  reduced  to  writing,  exhibits,  or 
other  testimony  or  information  taken  before  him,  or  submitted  to   him. 

Notice  of  filing.     Order  fixing  tax.     Objections. 

(b)  Upon  the  filing  of  said  report  said  appraiser  shall  mail  a  copy 
thereof  to  the  state  controller  and  the  clerk  of  said  superior  court  shall 
forthwith  give  notice  of  such  filing  to  all  persons  interested  in  such 
proceedings,  by  posting,  and  in  addition  thereto  shall  forthwith  mail 
to  the  state  controller  and  to  the  county  treasurer,  and  to  all  persons 
chargeable  with  any  tax  in  said  report  who  Lave  appeared  in  such  pro- 
ceeding, a  copy  of  said  notice.  At  any  time  after  the  expiration  of  ten 
days  thereafter,  if  no  objection  to  said  report  be  filed,  the  said  superior 
court  may  give  and  make  its  order  confirming  said  report  and  fixing 
the  tax  in  accordance  therewith.  At  any  time  prior  to  the  making  of 
said  order,  any  person  interested  in  said  proceeding  (including  the  state 
controller  or  the  county  treasurer)  may  file  objections  in  writing  to 
said  report.  Thereupon  said  superior  court  shall,  by  order,  fix  a  time,  not 
less  than  ten  days  thereafter,  for  the  hearing  thereof,  and  shall  direct 
the  clerk  of  said  superior  court  to  give  such  notice  thereof  as  it  shall 
deem  necessary;  provided,  that  a  copy  of  such  notice  and  of  such  ob- 


2143  TAXATION.  Act  4035b,  §  17 

jeetions  shall  be  forthwith  mailed  to  the  state  controller,  county  treasurer 
and  inheritance  tax  appraiser.  Upon  the  hearing  of  said  objections, 
said  court  may  make  such  order  as  to  it  may  seem  meet  and  proper 
in   the  premises. 

Certificate  of  no  tax  due. 

(c)  Provided  that,  if,  upon  examination  of  the  executor  or  adminis- 
trator of  said  estate  or  other  persons  familiar  with  the  affairs  of  such 
decedent,  or  from  other  information  before  him,  it  shall  appear  to  the 
inheritance  tax  appraiser  that  there  is  no  inheritance  tax  due  out  of 
said  estate  or  a  lien  upon  any  property  or  interest  therein,  said  appraiser 
may  so  certify  to  the  superior  court,  and  at  any  time  thereafter,  said 
superior  court  may  order  or  decree  that  there  are  no  inheritance  taxes 
due  out  of  said  estate  or  upon  any  interest  therein  or  may  make  such 
ditferent  order  as  may  to  it  seem  meet  in  the  premises. 

Citation  to  parties  in  cases  of  transfer  without  probate.  Appearance 
before  appraiser.     Procedure.     Appearance  before  court. 

§  17,  If  it  shall  appear  to  the  superior  court  upon  petition  of  the 
state  controller  or  the  county  treasurer  or  any  other  interested  person 
that  any  transfer  has  been  made  within  the  meaning  of  this  act,  and  the 
taxability  thereof,  and  the  liability  for  such  tax  and  the  amount  thereof 
have  not  been  determined,  and  that  no  proceedings  are  pending  in  any 
court  in  this  state  wherein  the  taxability  of  such  transfer  and  the  lia- 
bility therefor  and  the  am.ount  hereof  may  be  determined,  said  court 
shall  issue  a  citation  ordering  and  directing  the  persons  who  may  appear 
liable  therefor  or  known  to  own  any  interest  in  or  part  of  the  prop- 
erty transferred,  to  appear  before  said  court  or  before  an  inheritance 
tax  appraiser  to  be  designated  by  said  order  at  a  time  and  place  in 
said  order  named,  not  less  than  ten  days  nor  more  than  ninety  days 
from  the  date  of  such  order,  to  be  examined  under  oath  by  said  ■court 
or  by  said  appraiser  as  the  case  maj'^  be,  concerning  said  transfer  and 
all  facts  connected  therewith,  and  concerning  the  property  transferred 
and  the  character  and   value  thereof. 

If  said  person  or  persons  shall  be  directed  to  appear  before  said  ap- 
praiser, said  appraiser  shall,  at  the  time  and  place  in  said  order  named, 
or  at  such  time  and  place  to  which  said  appraiser  may  adjourn  said  hear- 
ing, proceed  to  examine  said  person  or  persons  and  such  witnesses  as 
said  appraiser  may  subpoena  before  him.  and  for  the  purpose  of  said 
hearing,  and  for  the  purpose  of  ascertaining  any  facts  concerning  the 
taxability  of  said  transfer  or  any  taxes  due  on  account  of  such  transfer, 
said  appraiser  shall  have  the  powers  of  a  referee  of  said  court,  and,  is 
hereby  authorized  to  issue  subpoenas  compelling  the  attendance  of  wit- 
nesses before  him,  and  to  administer"  oath,  and  to  take  the  evidence  of 
such  witnesses  under  oath  concerning  such  property  and  the  value  thereof 
and  concerning  such  transfer.  Said  appraiser  shall  report  to  said  court 
his  findings  and  conclusions  in  relation  to  said  transfer  and  said  tax, 
and   may  return  to  said  court,  any   depositions,   exhibits  or   other  testi- 


Act  4035b,  §  18  general  laws.  2144 

mony  or  information  taken  before  him  or  exhibited  to  him.  The  pro- 
cedure subsequent  to  the  filing  of  said  report  shall  conform  to  subdivision 
(b)  of  section  16  of  this  act. 

Except  as  herein  otherwise  provided,  the  service  of  such  citation  and 
the  time,  manner  and  proof  thereof,  and  the  hearing  and  determination 
thereon,  and  the  hearing  and  determination  upon  the  facts  returned  in 
such  report,  and  the  enforcement  of  the  determination  or  decree,  shall 
confor-m  to  the  provisions  of  chapter  12  of  title  11  of  part  3  of  the 
Code  of  Civil  Procedure,  and  the  clerk  of  the  court  shall,  upon  the  re- 
quest of  the  state  controller  or  the  treasurer  of  the  county,  furnish, 
without  fee,  one  or  more  transcripts  of  such  decree,  and  the  same  shall 
be  docketed  and  filed  by  the  county  clerk  of  any  county  in  the  state, 
without  fee,  in  the  same  manner  and  with  the  same  effect  as  provided 
by  section  674  of  said  Code  of  Civil  Procedure  for  filing  a  transcript  of 
afl  original   docket. 

The  superior  court  may  hear  the  said  cause  upon  the  relation  of  the 
parties  and  the  testimony  of  witnesses,  and  evidence  produced  in  open 
court,  and,  if  the  court  shall  find  said  property  is  not  subject  to  any 
tax,  as  herein  provided,  the  court  shall,  by  order,  so  determine;  but  if 
it  shall  appear  that  said  property,  or  part  thereof,  is  subject  to  any 
such  tax,  the  same  shall  be  appraised  and  taxed   as  in   other  cases. 

Action  to  collect  tax. 

§  18.  If,  after  the  expiration  of  eighteen  months  from  the  accrual  of 
any  tax  under  this  article,  such  tax  shall  remain  due  and  unpaid,  after 
the  refusal  or  neglect  of  the  persons  liable  therefor  to  pay  the  same,  the 
county  treasurer  shall  notify,  or  the  state  controller  may  notify,  the 
district  attorney  of  the  county  in  writing  of  such  failure  or  neglect,  and 
such  district  attorney  shall  bring  and  prosecute  an  action  or  actions  in 
the  name  of  the  state  as  plaintiff,  for  the  recovery  of  such  tax  and  for 
the  purpose  of  enforcing  any  lien  or  liens  against  all  or  any  of  the  prop- 
erty subject  thereto.  In  any  such  action  the  owner  of  any  property 
or  of  any  interest  in  property  against  which  the  lien  of  any  such  tax  is 
sought  to  be  enforced,  and  any  predecessor  in  interest  of  any  such  owner 
whose  title  or  interest  was  deraigned  through  any  such  decedent  by  will 
or  succession  or  by  decree  of  distribution  of  the  estate  of  such  decedent, 
and  any  lienor  or  encumbrancer  subsequent  to  the  lien  of  such  tax  may 
be  made  a  party  defendant.  The  enumeration  in  this  section  of  the 
persons  who  may  be  made  defendants  shall  not  be  deemed  to  be  exclusive, 
but  the  joinder  or  nonjoinder  of  parties,  except  when  otherwise  herein 
provided,  shall  be  governed  by  the  rules  in  equity  in  similar  cases. 

Quieting  title. 

(a)  Actions  may  be  brought  agaihst  the  state  for  the  purpose  of  quiet- 
ing the  title  to  any  property,  aguinst  the  lien  or  claim  of  lien  of  any 
tax  or  taxes  under  this  act,  or  for  the  purpose  of  having  it  determined 
that  any  property  is  not  subject  to  any  lien  for  taxes  under  this  act. 
In  any  such  action,  the  plaintiffs  may  be  any  administrator  or  executor 


f 

1 


2145  TAXATION.  Act  4035b,  §  18 

of  the  estate  or  will  of  any  decedent,  whether  the  said  estate  shall  have 
been  fully  administered  and  the  estate  settled  and  closed  or  not,  and 
any  heir,  legatee  or  devisee  of  any  such  decedent,  or  trustee  of  the 
estate  or  of  any  part  of  the  estate  of  such  decedent,  or  distributee  of  the 
estate  or  of  any  part  of  the  estate  of  any  such  decedent,  and  any  as- 
signee, grantee  or  successor  in  interest  of  any  of  such  persons,  and  all 
or  any  other  persons  who  might  be  made  parties  defendant  in  any  action 
brought  by  the  state  under  the  provisions  of  this  section,  and  notwith- 
standing that  all  or  any  of  the  persons  enumerated  in  this  section  shall 
or  may  have  assigned,  granted,  conveyed  or  otherwise  parted  with  all 
or  any  interest  in  or  title  to  the  projterty,  or  any  thereof,  involved  in 
any  such  claim  of  lien  before  the  commencement  of  such  action.  All  or 
any  of  the  persons  in  this  action  enumerated  may  be  joined  or  united 
as  parties  plaintiff.  The  enumeration  in  this  section  of  the  persons  who 
may  be  made  parties  shall  not  be  deemed  to  be  exclusive,  but  the  joinder 
or  nonjoinder  of  parties,  except  when  otherwise  herein  provided,  shall 
be  governed  by  the  rules  in  equity  in  similar  cases.  In  all  cases  any 
person  who  might  properly  be  a  party  plaintiff  in  any  such  action  who 
refuses  to  join  as  plaintiff  may  be  made  a  defendant. 

Jurisdiction. 

(b)  All  actions  under  this  section  shall  be  commenced  in  the  superior 
court  of  the  county  in  which  is  situated  any  part  of  any  real  property 
against  which  any  lien  is  sought  to  be  enforced,  or  to  which  title  is 
sought  to  be  quieted  against  any  lien,  or  claim  of  lien;  but  if  in  said 
action  no  lien  against  real  property  is  sought  to  be  enforced,  the  action 
shall  be  brought  in  the  superior  court  of  the  county  which  has  or  which 
had  jurisdiction  of  the  administration  of  the  estate  of  the  decedent 
mentioned  herein. 

Service  of  summons. 

(c)  Service  of  summons  in  the  actions  brought  against  the  state  shall 
be  made  on  the  controller  of  state  and  on  the  district  attorney  of  the 
county  in  which  the  estate  of  the  decedent  mentioned  herein  is  being 
administered,  or  has  been  administered  in  probate  proceedings,  and 
it  shall  be  the  duty  of  said  district  attorney  to  defend  all  such  actions. 

Procedure. 

(d)  The  procedure  and  practice  in  all  actions  brought  under  this 
section,  except  as  otherwise  provided  in  this  act,  shall  be  governed  by 
the  provisions  of  the  Code  of  Civil  Procedure  in  relation  to  civil  actions, 
so  far  as  the  same  shall  or  may  be  applicable,  including  all  provisions 
relating  to  motions  for  new  trials  and  appeals. 

Remedies  additional. 

(e)  The  remedies  provided  in  this  section  shall  be  in  addition  to  and 
not  exclusive  of  any  remedies  provided  in  the  sections  preceding  this 
section. 

135 


Act  4035b,  §§  19-22      '    general  laws.  2146 

Duties  of  district  attorney. 

§  19.  ^Vhcnever  the  treasurer  of  any  county  or  an  inheritance  tax 
appraiser  therein,  or  the  controller  shall  have  reason  to  believe  that  any 
transfer  has  been  made  within  the  meaning  of  this  act  and  that  a  tax 
due  thereon  remains  undetermined  and  unpaid,  he  may  notify  the  district 
attorney  in  writing  of  such  transfer,  and  the  district  attorney,  if  he  have 
probable  cause  to  believe  a  tax  is  due,  and  remains  undetermined,  shall 
prosecute  the  necessary  proceeding  in  the  superior  court  to  determine 
and  fix  such  tax  and  for  the  enforcement  and  collection  thereof.  Said 
district  attorney  shall  be  allowed  his  actual  and  necessary  expenses 
incurred  in  such  proceeding  out  of  any  inheritance  tax  moneys  in  the 
hands  of  the  county  treasurer  or  order  of  the  superior  court. 

Duties  of  county  treasurer. 

§  20.  The  treasurer  of  each  county  shall  collect  and  pay  the  state 
treasurer  all  taxes  that  may  be  due  and  payable  under  this  act,  who  shall 
give  him  a  receipt  therefor;  of  which  collection  and  payment  he  shall 
make  a  report,  under  oath,  to  the  controller,  between  the  first  and 
fifteenth  days  of  May  and  December  of  each  year,  stating  for  what  estate 
paid,  and  in  such  form  and  containing  such  particulars  as  the  controller 
may  prescribe;  and  for  all  such  taxes  collected  by  him  and  not  paid  to 
the  state  treasurer  by  the  first  day  of  June  and  January  of  each  year 
he  shall  pay  interest  at  the  rate  of  ten  per  centum  per  annum. 

Fees  of  county  treasurer. 

§  21.  The  treasurer  of  each  county  shall  be  allowed  to  retain,  on  all 
taxes  paid  and  accounted  for  by  him  each  year  under  this  act,  in  addi- 
tion to  his  salary  or  fees  now  allowed  by  law,  three  per  centum  of  the 
first  fifty  thousand  dollars  so  paid  and  accounted  for  by  him,  one  and 
cne-half  per  centum  on  the  next  fifty  thousand  dollars  so  paid  and 
accounted  for  by  him,  and  one-half  of  one  per  centum  on  all  additional 
sums  so  paid  and  accounted  for  by  him;  provided,  that  no  county 
treasurer  shall  be  entitled  to  retain  to  his  own  use  more  than  the  sum 
of  two  hundred  dollars  out  of  the  inheritance  taxes  paid  on  account 
of  any  transfer  or  transfers  made  by,  or  resulting  from  the  death  of, 
any  one  decedent,  nor  more  than  three  thousand  dollars  out  of  the  total 
inheritance  taxes  accounted  for  in  any  one  year. 

EmplojTnent  by  controller  of  special  attorneys,  etc. 

§  22.  The  state  controller,  whenever  ho  shall  be  cited  as  a  party  in 
any  proceeding  or  action  to  determine  any  tax  under  this  act  provided, 
or  whenever  he  shall  deem  it  necessary  for  the  better  enforcement  of 
this  act  to  make  any  special  employment  to  secure  evidence  of  evasion  of 
said  tax,  or  to  commence  or  appear  in  any  proceeding  or  action  to 
detornune  any  tax  hereunder,  may,  by  and  with  consent  and  approval 
of  the  attorney  general,  make  such  special  employment  or  designate  and 
employ  counsel  or  attorney  in   or  out  of  this  state  to  represent  him  on 


2U7  TAXATION.  Act  4035b,  §§23-26 

behalf  of  the  state,  and,  by  and  with  such  consent  of  the  attorney  gen- 
eral, he  is  hereby  authorized  to  incur  the  necessary  expense  for  such 
employment  and  any  reasonable  and  necessary  expense  incident  thereto. 
And  the  county  treasurer  is  hereby  authorized  and  directed  to  pay 
out  of  any  funds  which  may  be  in  his  hands  on  account  of  this  tax,  on 
jiresentation  of  a  sworn  itemized  account  and  on  certificate  of  the  state 
controller  and  attorney  general,  all  expenses  incurred  as  in  this  section 
above  provided,  but  no  expense  for  such  special  employment  or  legal 
services,  up  to  and  including  the  entry  of  the  order  of  the  court  fixing 
the  tax  and  the  same  becoming  final,  shall  exceed  ten  per  centum  of 
the  tax  and  penalties  collected;  provided,  that  all  reasonable  and  neces- 
sary expenses  incurred,  in  any  legal  action  or  proceeding  in  any  court 
of  this  state  or  on  any  appeal  therefrom,  other  than  attorney's  fees, 
including  expense  of  serving  processes  and  printing  and  preparing  of 
necessary  legal  papers,  may  be  allowed  and  paid  in  the  manner  above 
provided,  even  though  no  tax  be  recovered  in  such  action  or  proceeding, 
and  the  limitations  herein  made   shall   not   apply  thereto. 

Disposition  of  taxes  collected. 

§  23.  All  taxes  levied  and  collected  under  this  act,  up  to  the  amount 
of  two  hundred  and  fifty  thousand  dollars  annually,  shall  be  paid  into  the 
treasury  of  the  state,  for  the  uses  of  the  state  school  fund,  and  all  taxes 
levied  and  collected  in  excess  of  two  hundred  and  fifty  thousand  dollars 
annually  shall  be  paid  into  the  state  treasury  to  the  credit  of  the  general 
fund   thereof. 

Delinquency  of  officials. 

§  24.  Every  officer  who  fails  or  refuses  to  perform,  within  a  reason- 
able time,  any  and  every  duty  required  by  the  provisions  of  this  act, 
or  who  fails  or  refuses  to  make  and  deliver  within  a  reasonable  time 
any  statement  or  record  required  by  this  act,  shall  forfeit  to  the  state 
of  California  the  sum  of  one  thousand  dollars,  to  be  recovered  in  an 
action  brought  by  the  attorney  general  in  the  name  of  the  people  of 
the  state  on  the  relation  of  the  controller. 

Oonstltutionality  of  act. 

§  25.  If  any  section,  subsection,  sentence,  clause  or  phrase  of  this 
act  is  for  any  reason  held  to  be  unconstitutional,  such  decision  shall  not 
affect  the  validity  of  the  remaining  portions  of  this  act.  The  legislature 
hereby  declares  that  it  would  have  passed  this  act,  and  each  section, 
subsection,  sentence,  clause  and  phrase  thereof,  irrespective  of  the  fact 
that  any  one  or  more  other  sections,  subsections,  sentences,  clauses  or 
j)hrases  be   declared  unconstitutional. 

Repealed.     Saving  clauses. 

§  26.  An  act  entitled  "An  act  to  establish  a  tax  on  gifts,  legacies, 
inheritances,  bequests,  devises,  successions  and  transfers;  to  provide 
for  its  collection,  and  to  direct  the  disposition  of  its  proceeds;  to  provide 


Acts  4036^043  general  l.v.ws.  2148 

for  the  enforcement  of  liens  created  by  this  act  and  for  suits  to  quiet 
title  against  claims  of  lien  arising  hereunder;  to  repeal  an  act  entitled 
'An  act  to  establish  a  tax  on  gifts,  legacies,  inheritances,  bequests, 
devises,  successions  and  transfers;  to  provide  for  its  collection,  and  to 
direct  the  disjiosition  of  its  proceeds;  to  provide  for  the  enforcement 
of  liens  created  by  this  act  and  for  suits  to  quiet  title  against  claims 
of  liens  arising  hereunder;  to  repeal  an  act  entitled  "An  act  to  establish 
a  tax  on  collateral  inheritances,  bequests  and  devises;  to  provide  for  the 
collection,  and  to  direct  the  disposition  of  its  proceeds,"  approved  March 
23,  1893,  and  all  amendments  thereto,  and  to  repeal  all  acts  and  parts 
of  acts  in  conflict  with  this  act,'  apjiroved  March  20,  1905,  and  all  amend- 
ments thereto  and  all  acts  and  parts  of  acts  in  conflict  with  this  act," 
approved  April  7,  1911,  and  all  amendments  thereto,  and  all  acts  and 
{•arts  of  acts  in  conflict  with  this  act  are  hereby  expressly  repealed; 
provided,  however,  that  such  repeal  shall  in  nowise  afifect  any  suit,  prose- 
cution or  court  proceeding  pending  at  the  time  this  act  shall  take  effect, 
or  any  right  which  the  state  of  California  may  have  at  the  time  of  the 
taking  effect  of  this  act,  to  claim  a  tax  upon  any  property  under  the 
provisions  of  the  act  or  acts  hereby  repealed,  for  which  no  proceeding 
has  been  commenced;  nor  afl'ect  any  ai)peal,  right  of  appeal  in  any 
suit  pending,  or  orders  fixing  tax,  existing  in  this  state  at  the  time  of 
the  taking  effect  of  this  act. 

ACT  4036. 

Citations.      Cal.   159/393. 

ACT  4040. 

Citations.      App.   8/133;    12/28. 

ACT  4043, 

An  act  to  provide  for  the  levy  and  collection  of  taxes  by  and  for  the 
use  of  municipal  corporations  and  cities  incorporated  under  the  laws 
of  the  state  of  California,  exce]>t  municipal  corporations  of  the  first 
class,  and  to  provide  for  the  consolidation  and  abolition  of  certain 
municipal  offices  and  to  provide  that  their  duties  may  be  performed 
by  certain  officers  of  the  county,  and  fixing  the  compensation  to  be 
allowed  for  such  county  officers  for  the  services  so  rendered  to  such 
municipal   corporations. 

[Approved   March   27,   1895.     Stats.   1895,  p.   219.] 
Amended  1905,  p.  429;    1913,   p.  441. 
The  amendments  of  1913   follow: 

Levy  and  collection  of  city  tax  by  county  ofi&cials  permitted.     To  fix 
amount  to  be  raised. 
§  1.     Any  nninicipal  corporation  or  city  in  this  state,  except  municipal 
corporations  of   the   first  class,   shall  have  power   to   elect,   by  ordinance 


2149  TAXATION.  Act  4043,  §  1 

adopted  by  the  board  of  trustees,  common  council,  or  other  legislative 
body,  or  the  electors,  of  such  city  or  municipal  corj)oration,  that  the 
duties  of  assessing  property  and  collecting  taxes  provided  by  law  to  be 
jicrformed  by  the  assessor  and  tax  collector  of  such  city  or  municipal 
corporation  shall  be  performed  by  the  county  assessor  and  the  county  tax 
collector  of  the  county  in  which  such  city  or  municipal  corporation  is 
situated.  A  certified  Copy  of  such  ordinance  shall  be  filed  with  the 
auditor  of  the  county  in  which  such  city  or  municipal  corporation  is 
situated  on  or  before  the  first  Monday  in  the  month  of  February  im- 
mediately following  the  adoption  of  such  ordinance,  and  thereafter 
all'  assessments  made  by  the  county  assessor,  as  the  same  may  be 
equalized  or  corrected  by  the  board  of  supervisors  or  state  board  of 
equalization,  shall  be  used  as  a  basis  for  the  levy  of  the  taxes  of  such 
city  or  municipal  corporation,  and  said  taxes  shall  be  collected  by  the 
assessor  and  tax  collector  of  such  county  at  the  same  time  and  in  the 
manner  county  taxes  are  collected,  until  such  city  or  municipal  corpo- 
ration shall  by  ordinance  elect  not  to  have  such  duties  performed  by  said 
assessor  and  tax  collector  for  any  longer  time.  Whenever  any  city  or 
municipal  corporation  shall  elect  to  avail  itself  of  the  provisions  of  this 
act  relative  to  assessments  and  collection  of  taxes,  the  board  of  trustees, 
common  council  or  other  legislative  body  of  such  city  or  municipal 
corporation  shall  have  the  power,  and  it  shall  be  their  duty,  before  mak- 
ing the  levy  provided  to  be  made  by  section  4  hereof,  to  fix  by  ordinance 
the  amount  of  money  necessary  to  be  raised  by  taxation  upon  the  tax- 
able property  therein  as  a  revenue  to  carry  on  the  various  departments 
of  such  municipal  corporation  or  city  for  the  current  year,  not  to 
exceed  the  limit  fixed  by  law,  and  to  pay  the  bonded  or  other  indebt- 
edness of  such  municipal  corporation  or  city,  or  any  portion  or  district 
thereof;  and,  whenever,  in  any  municipal  corporation  or  city  electing  to 
avail  itself  of  the  provisions  of  this  act  relative  to  assessment  and  col- 
lection of  taxes,  there  is  any  district  or  portion  of  said  municipal  corpo- 
ration or  city  in  which  there  must  be  levied  a  rate  of  taxation  different 
from  the  rate  to  be  levied  in  any  other  district  or  portion  of  such 
municipal  corporation  or  city,  the  board  of  trustees,  common  council,  or 
other  legislative  body  of  such  municipal  corporation  or  city  shall  cause 
to  be  filed  on  or  before  the  first  Monday  of  July  of  each  year  with  the 
county  auditor  of  the  county  in  which  such  municipal  corporation  or 
city  is  situated,  a,  description  of  the  exterior  boundaries  of  each  dis- 
trict or  portion  of  such  municipal  corporation  or  city  in  which  there 
must  be  levied  a  rate  different  from  the  rate  to  be  levied  in  any  other 
district  or  portion  of  such  municipal  corporation  or  city,  and  the  said 
county  auditor  shall  transmit  to  the  said  board  of  trustees,  common 
council  or  other  legislative  body,  at  the  same  time  that  he  shall  transmit 
a  statement  in  writing  of  the  total  assessed  valuation  of  all  property 
within  said  municipal  corporation  or  city,  as  required  by  section  3  hereof, 
a  statement  in  writing  showing  separately  the  total  assessed  valuation 
of  all  property   in   each   of  said    districts   or  portions   of   such   municipal 


Act  4043,  §§4-9  general  l.vws.  2150 

corporation   or  city.     [Amendment  approved  May  31,   1913;   Stats.   1913 
p.  441.] 

Rates  fixed  each  year. 

§  4.  Each  board  of  trustees,  common  council,  or  other  legislative  bod^ 
of  such  city  or  municipal  corporation,  shall,  not  later  than  the  last 
Tuesday  in  August  of  each  year,  fix  the  rate  of  taxes,  or  rates  of  taxes, 
if  different  portions  or  districts  require  different  rates,  designated  in 
the  number  of  cents  upon  each  one  hundred  dollars,  using  as  a  basis 
the  value  of  the  property  as  assessed  by  the  county  assessor  as  the 
same  may  be  equalized,  and  so  returned  to  such  board  by  the  county 
auditor  as  required  by  section  3  of  this  act,  which  rate,  or  rates,  of  tax- 
ation shall  be  sufficient  to  raise  the  amount  so  fixed  by  such  board  as 
required  by  section  1  of  this  act,  and  the  expense  of  colleition,  whiih 
acts  by  said  board  are  declared  to  be  a  valid  assessment  of  such  property 
and  a  valid  levy  of  such  rates  so  fixed.  Such  city  or  municipal  board 
must  immediately  thereafter  transmit  to  the  county  auditor  of  thd 
county  in  which  such  city  or  municipal  corporation  is  situated  a  state- 
ment of  such  rate  or  rates  so  fixed  by  said  body.  [Amendment  approved 
May  31,  1913;   Stats.   1913,  p.  443.] 

Duties  of  assessor  and  collector  transferred.     Offices  abolished. 

§  8.  Whenever  any  municipal  corporation  or  city  shall  have  availed 
itself  of  the  provisions  of  this  act  relative  to  assessments  and  collection 
of  taxes,  all  duties  other  than  the  assessing  of  the  property  of  such  city 
or  municipal  corporation  theretofore  performed  by  the  city  assessor 
shall  be  transferred  to,  and  be  performed  by,  the  clerk  of  such  city  or 
municipal  corporation,  or  such  other  officer  as  such  city  or  municipal 
corporation  by  ordinance  shall  determine,  and  all  duties  other  than  the 
collection  of  taxes  theretofore  performed  by  the  city  tax  collector  shall 
be  transferred  to,  and  be  performed  by,  the  city  marshal  or  chief  of 
police  of  such  city  or  municipal  corporation,  or  such  other  officer  as  such 
city  or  municipal  corporation  shall  by  ordinance  determine;  and  there- 
after the  offices  of  city  assessor  and  tax  collector  may  by  ordinance 
be  abolished.  And  whenever  any  city  or  municipal  corporation  shall 
have  availed  itself  of  the  provisions  of  section  2  of  this  act  the  office 
of  city  treasurer  may  be  by  ordinance  abolished.  [Amendment  approved 
May  31,  1913;  Stats.  1913,  p.  443.] 

Collection  of  unpaid  taxes. 

§  9.  The  collection  of  unpaid  taxes  levied  on  any  property  by  any 
city  or  municipal  corporation  that  shall  have  elected  to  avail  itself  of 
the  provisions  of  this  act  relative  to  assessments  and  collection  of  taxes, 
shall  be  enforced  by  the  sale  of  such  property  in  the  same  manner  and 
at  the  same  time,  and  upon  the  same  penalties,  as  property  sold  for 
nonpayment  of  county  taxes,  and  real  property  so  sold  may  be  redeemed 
within   the   same   time   and    upon    the    same   terms   as   property   sold    for 


2151  TAXATION.  Acts  4059-4065 

the  nonpayment  of  county  taxes;  and  whenever  any  real  property  situate 
in  such  city  or  municipal  corporation  has  been  sold  for  taxes  and  has 
been  redeemed,  the  money  paid  for  such  redemption  shall  be  appor- 
tioned by  the  county  auditor  to  such  city  or  municipal  corporation  in 
the  proportion  which  the  tax  due  such  city  or  municipal  corporation 
bears  to  the  total  tax  for  which  such  real  property  was  sold.  [Amend- 
ment  approved  May  31,   1913;    Stats.   1913,   p.  443.] 

Consolidation  of  offices  with  counties  under  charter. 

§  9a.  Any  county  organized  under  a  charter  for  its  own  government, 
framed  under  the  provisions  of  section  IVj  of  article  11  of  the  con- 
stitution of  the  state  of  California;  or  any  city  or  town  situated  within 
said  county,  organized  or  incorporated  under  the  provisions  of  section 
6  of  said  article;  or  any  city  or  town  situated  within  said  county  here- 
tofore or  hereafter  organized  by  charter  authorized  by  section  8  of  said 
article  shall  have  the  power  to  prescribe,  whenever  such  county  charter 
so  provides  and  the  said  county  consents  thereto,  such  other  consolida- 
tion of  county  and  municipal  officers  and  the  assumption  and  discharge 
of  such  functions  thereof,  as  may  be  consistent  with,  and  subject  to 
said  constitution.  [New  section  approved  May  31,  1913;  Stats.  1913, 
p.  444.] 

ACT  4059. 

Citations.      Cal.   157/656.     App.   10/266. 

ACT  4061. 

Citations.     App.  17/588. 

ACT  4063. 

Citations.      Cal.   163/255. 

ACT  4065. 

An  act  to  carry  into  effect  the  provisions  of  section  14  of  article  13 
of  the  constitution  of  the  state  of  California  as  said  constitution  was 
amended  November  8,  1910,  providing  for  the  separation  of  state 
from  local  taxation,  and  providing  for  the  taxation  of  public  service 
and  other  corporations,  banks  and  insurance  companies  for  the  bene- 
fit of  the  state,  all  relating  to  revenue  and  taxation. 

[Approved  April  1,  1911.     Stats.  1911,  p.  530.] 
Amended  1913,  pp.  3,  615. 

Subjects  taxed  exclusively  for  state  purposes.     "Company"  defined. 

§  1.  Taxes  levied,  assessed  and  collected  as  hereinafter  provided  upon 
railroads,  including  street  railways,  whether  operated  in  one  or  more 
counties;  sleeping-car,  dining-car,  drawing-room  car  and  palace  car  com- 
panies, refrigerator,  oil,  stock,  fruit,  and  other  car-loaning  and  other  car 


Act  4065,  §2  GENERAL  LAWS.  2152 

companies  operating  upon  railroads  in  this  state;  companies  doing  express 
business  on  any  railroad,  steamboat,  vessel,  or  stage  line  in  this  state; 
telegraph  companies;  telephone  companies;  companies  engaged  in  the 
transmission  or  sale  of  gas  or  electricity;  insurance  companies;  banks, 
banking  associations,  savings  and  loan  societies,  and  trust  companies; 
and  taxes  upon  all  franchises  of  every  kind  and  nature,  shall  be  entirely 
and  exclusively  for  state  purposes,  and  shall  be  assessed  and  levied  by 
the  state  board  of  equalization,  and  collected  in  the  manner  hereinafter 
provided.  The  word  "company"  and  the  word  "companies"  as  used  in 
this  act  shall  include  persons,  partnerships,  joint  stock  associations,  com- 
panies, and  corporations. 

Public  service  corporatioiLS,  how  taxed.  State  and  interstate  business. 
Percentages.  "Municipal"  defined. 
§  2.  All  railroad  companies,  including  street  railways,  whether  oper- 
ated in  one  or  more  counties;  all  sleeping-car,  dining-car,  drawing-room 
car  and  palace-car  companies,  all  refrigerator,  oil,  stock,  fruit,  and  other 
car-loaning,  and  other  car  companies,  operating  upon  the  railroads  in 
this  state;  all  companies  doing  express  business  on  any  railroad,  steam- 
boat, vessel,  or  stage  line  in  this  state;  all  telegraph  and  telephone  com- 
panies; and  all  companies  engaged  in  the  transmission  or  sale  of  rn*?  or 
electricity  shall  annually  pay  to  the  state  a  tax  upon  their  fianchiscs, 
roadways,  roadbeds,  rails,  rolling  stock,  jioles,  wires,  pipes,  canals,  con- 
duits, rights  of  way,  and  other  property,  or  any  part  thereof,  used 
exclusively  in  the  operation  of  their  business  in  this  state,  computed 
as  follows:  Said  tax  shall  be  equal  to  the  percentages  hereinafter  fixed 
upon  the  gross  receipts  from  operation  of  such  companies  and  each 
thereof  within  this  state.  When  such  companies  are  operating  partly 
within  and  partly  without  this  state,  the  gross  receipts  within  this  state 
shall  be  deemed  to  be  all  recei|>ts  on  business  beginning  and  emUni; 
within  this  state,  and  a  proportion,  based  upon  the  proportion  of  the 
mileage  within  this  state  to  the  entire  mileage  over  which  such  business 
is  done,  of  receipts  on  all  business  passing  through,  into,  or  out  of  this 
state.  The  jiercentages  above  mentioned  shall  be  as  follows:  On  all 
railroad  coni]i:inics,  including  street  railways  four  and  three  fourths  per 
cent;  on  all  sleeping-ear,  dining-car,  drawing-room  car,  palace-car  com- 
panies, refrigerator,  oil,  stock,  fruit,  and  other  car  loaning,  and  other 
ear  comi)anies  four  per  cent;  on  all  companies  doing  express  business  on 
any  railroad,  steamboat,  vessel  or  stage  line,  two  per  cent;  on  all 
telegraph  and  telephone  companies,  four  and  two-tenths  per  cent;  on  all 
companies  engaged  in  the  transmission  or  sale  of  gas  or  electricity, 
four  and  six-tenths  per  cent.  Such  taxes  shall  be  in  lieu  of  all  other 
taxes  and  licenses,  state,  county,  and  municipal  upon  the  property  above 
enumerated  of  such  companies  except  as  otherwise  provided  in  section 
14  of  article  13  of  the  constitution  of  this  state,  and  as  provided  in 
section  22  of  article  4  of  said  constitution.  The  word  "municipal"  as 
used   in   this   act   shall   apply   to   incorporated    towns    and    cities    formed 


2153  TAXATION.  Act  4065,  §§  3, 4 

under  article  11  of  the  constitution  of  this  state  and  to  none  other. 
[Amendniont  approved  February  3,  1913;  Stats.  1913,  p.  4.  In  effect 
immediately.] 

Tax  on  insurance  companies.     Retaliatory  provision. 

§  3.  Every  iiiPiirance  company  or  association  doing  business  in  this 
state  shall  annually  pay  to  the  state  a  tax  of  one  and  three-fourths  per 
cent  upon  the  amount  of  the  gross  premiums  received  upon  its  business 
done  in  this  state,  less  return  premiums  and  reinsurance  in  companies  or 
associations  authorized  to  do  business  in  this  state;  provided,  that  there 
shall  be  deducted  from  said  one  and  three-fourths  per  cent  upon  the 
gross  jtremiums  the  amount  of  any  county  and  municipal  taxes  paid  by 
such  companies  on  real  estate  owned  by  them  in  this  state.  This  tax 
shall  be  in  lieu  of  all  other  taxes  and  licenses,  state,  county,  and 
municipal,  upon  the  property  of  such  companies,  except  county  and 
municipal  taxes  on  real  estate,  and  except  as  otherwise  provided  in  the 
constitution  of  this  state;  provided,  that  when  by  the  laws  of  any  other 
state  or  county,  any  taxes,  fines,  penalties,  licenses,  fees,  deposits  of 
money,  or  of  securities,  or  other  obligations  or  prohibitions,  are  imposed 
on  insurance  companies  of  this  state,  doing  business  in  such  other  state 
or  country,  or  upon  their  agents  therein,  in  excess  of  such  taxes,  fines, 
penalties,  licenses,  fees,  deposits  of  money,  or  of  securities,  or  other 
obligations  or  prohibitions,  imposed  upon  insurance  companies  of  such 
other  state  or  country,  so  long  as  such  laws  continue  in  force,  the  same 
obligations  and  prohibitions  of  whatsoever  kind  must  be  imposed  by  the 
insurance  commissioner  upon  insurance  companies  of  such  other  state 
or  coinitry  doing  business  in  this  state.  [Amendment  approved  February 
3,  1913;  Stats.  1913,  p.  4.     In  effect  immediately.] 

Tax  on  banks.  Real  estate  deducted.  Branch  of  foreign  bank.  "Banks" 
defined. 
§  4.  The  shares  of  capital  stock  of  all  banks,  organized  under  the 
laws  of  this  state,  or  of  the  United  States,  or  of  any  other  state  and 
located  in  this  state,  shall  be  assessed  and  taxed  to  the  owners  or  holders 
thereof  by  the  state  board  of  equalization,  in  the  manner  hereinafter 
provided,  in  the  city  or  town  where  the  bank  is  located  and  not  else- 
where. There  shall  be  levied  and  assessed  upon  such  shares  of  capital 
stock  an  annual  tax,  payable  to  the  state,  of  one  per  centum  upon  the 
value  thereof.  The  value  of  each  share  of  stock  in  each  bank,  except 
such  as  are  in  liquidation,  shall  be  taken  to  be  the  amount  paid  in 
thereon,  together  with  its  pro  rata  of  the  accumulated  surplus  and  un- 
divided profits.  The  value  of  each  share  of  stock  in  each  bank  which  is 
in  liquidation  shall  be  taken  to  be  its  pro  rata  of  the  actual  assets  of 
such  bank.  This  tax  shall  be  in  lieu  of  all  other  taxes  and  licenses, 
state,  county,  and  municipal,  upon  such  shares  of  stock  and  upon  the 
property  of  such  bank,  except  county  and  municipal  taxes  on  real  estate 
and  except  as  other-w^ise  provided  in  the  constitution   of  this  state.     In 


Act  4065,  §  4  GENERAL  LAWS.  2154 

determining  the  value  of  the  capital  stock  of  any  bank  there  shall  be 
deducted  from  the  value,  as  defined  above,  the  Value,  as  assessed  for 
county  taxes,  of  any  real  estate,  other  than  mortgage  interests  therein, 
owned  by  such  bank  and  taxed  for  county  purposes.  The  banks  shall 
be  liable  to  the  state  for  this  tax  and  the  same  shall  be  paid  to  the 
state  by  them  on  behalf  of  the  stockholders  in  the  manner  and  at 
the  time  hereinafter  provided,  and  they  shall  have  a  lien  upon  the  shares 
of  stock  and  upon  any  dividends  declared  thereon  to  secure  the  amount 
so  paid.  The  moneyed  capital,  reserve,  surplus,  undivided  profits,  and 
all  other  property  belonging  to  unincorporated  banks  or  bankers  of  this 
state,  or  held  by  any  bank  located  in  this  state  which  has  no  shares 
of  capital  stock,  or  employed  in  this  state  by  any  branches,  agencies,  or 
other  representatives  of  any  banks  doing  business  outside  of  the  state 
of  California,  shall  be  likewise  assessed  and  taxed  to  such  banks  or 
bankers  by  the  said  board  of  equalization,  in  the  same  manner  as  above 
provided  for  incorporated  banks,  and  taxed  at  the  same  rate  that  is 
levied  upon  the  shares  of  capital  stock  of  incorporated  banks,  as  pro- 
vided in  the  first  paragraph  of  this  section.  In  the  case  of  a  branch,  an 
agency,  or  other  representative  of  any  bank  doing  business  outside  of  this 
state,  the  capital  of  said  branch,  agency,  or  representative  used  in  this 
state  shall  be  taken  to  be  the  average  amount  owed  by  the  said  branch, 
agency,  or  representative  to  the  bank  of  which  it  is  a  branch,  agency,  or 
representative  during  the  j'ear  ending  the  first  Monday  in  March.  The 
value  of  said  property  shall  be  determined  by  taking  the  entire  prop- 
erty invested  in  such  business,  together  with  all  reserve,  surplus,  and 
undivided  profits,  at  their  full  cash  value,  and  deducting  therefrom  the 
value  as  assessed  for  county  ta.xes  of  any  real  estate,  other  than  mort- 
gage interests  therein,  owned  by  such  bank  or  banker  and  taxed  for 
county  purposes.  Such  taxes  shall  be  in  lieu  of  all  other  taxes  and 
licenses,  state,  county,  and  municipal,  upon  the  property  of  the  banks 
and  bankers  mentioned  in  this  section,  except  county  and  municipal  taxes 
on  real  estate,  and  except  as  otherwise  provided  in  the  constitution  of 
this  state.  All  moneyed  capital  and  property  of  the  banks  and  bankers 
mojitioned  in  this  paragraph  shall  be  assessed  and  taxed  at  the  same 
rate  as  an  incorporated  bank,  provided  for  in  this  section.  In  deter- 
mining the  value  of  the  moneyed  capital  and  property  of  the  banks 
and  bankers  mentioned  in  this  section,  the  said  state  board  of  equal- 
ization shall  include  and  assess  to  such  banks  all  propert}'  and  every 
thing  of  value  owned  or  held  by  them  which  would  go  to  make  up  the 
value  of  the  capital  stock  of  such  banks  and  bankers,  if  the  same  were 
incorporated  and  had  shares  of  capital  stock.  The  word  "banks"  as 
used  in  this  act  shall  include  banking  associations,  unincorporated  banks 
and  bankers,  branches,  agencies  or  other  representatives  of  any  banks 
doing  business  outside  of  the  state  of  California,  savings  and  loan 
societies,  and  such  trust  companies,  as  conduct  the  business  of  receiving 
money  on  deposit,  but  shall  not  include  building  and  loan   associations. 


2155  TAXATION.  Act  4065,  §§  5-7 

[Amendment  approved  February  3,  1913;   Stats.  1913,  p.  5.     In  effect  im- 
mediately.] 

Tax  on  franchises. 

§  5.  All  franchises,  other  than  those  of  the  companies  mentioned 
in  sections  2,  3  and  4  of  this  act,  shall  be  assessed  at  their  actual  cash 
value,  after  making  due  deduction  for  goodwill,  in  the  manner  herein- 
after provided,  and  shall  be  taxed  at  the  rate  of  one  per  centum  each 
year,  and  the  taxes  collected  theron  shall  be  exclusivly  for  the  benefit 
of  the  state.  These  franchises  shall  include  the  actual  exercise  of  the 
right  to  be  a  corporation  and  to  do  business  as  a  corporation  under 
the  laws  of  this  state  and  the  actual  exercise  of  the  right  to  do  business 
as  a  corporation  in  this  state  when  such  right  is  exercised  by  a  cor- 
poration incorporated  under  the  laws  of  any  other  state  or  country,  also 
the  right,  authority,  privilege,  or  permission  to  maintain  wharves, 
ferries,  toll  roads,  and  toll  bridges,  and  to  construct,  maintain  or  op- 
erate, in,  under,  above,  upon,  through  or  along  any  streets,  highways, 
public  places,  or  waters,  any  mains,  pipes,  canals,  ditches,  tanks,  con- 
duits or  other  means  for  conducting  water,  oil,  or  other  substances. 
[Amendment  approved  February  3,  1913;  Stats.  1913,  p.  6.  In  effect 
immediately.] 

Municipal  charges  for  special  franchises  not  released. 

§  6.  Nothing  in  this  act  shall  be  construed  to  release  any  company 
from  the  payment  of  any  amount  agreed  to  be  paid  or  required  by  law 
to  be  paid,  now  or  hereafter,  for  any  special  privilege  or  franchise 
granted  by  any  of  the  municipal  authorities  of  this  state. 

"Gross  receipts  from  operation"  defined.  Interstate  business.  No  deduc- 
tions allowed. 

§  7.  The  term  "gross  receipts  from  operation"  as  used  in  section  2 
of  this  act  is  hereby  defined  to  include  all  sums  received  from  business 
done  within  this  state,  during  the  year  ending  the  thirty-first  day  of 
December  last  preceding,  including  the  company's  proportion  of  gross  re- 
ceipts from  any  and  all  sources  on  account  of  business  done  by  it  within 
this  state,  in  connectdon  with  other  companies  described  in  section  2  of 
this  act. 

In  case  of  companies  operating  partly  within  and  partly  without  this 
state,  the  gross  receipts  within  this  state  shall  be  deemed  to  be  all  re- 
ceipts on  business  beginning  and  ending  within  this  state,  and  the  pro- 
portion based  upon  the  proportion  of  the  mileage  within  this  state  to 
the  entire  mileage  over  which  such  business  is  done,  of  receipts  on  all 
business  passing  through,"  into  or  out  of  this  state. 

No  deduction  shall  be  allowed  from  the  gross  receipts  from  operation 
for  commissions,  rebates,  or  other  repayments,  except  only  such  refunds 
as  arise  from  errors  or  overcharges;  nor  shall  any  deduction  be  allowed 
for  payments  from  gross  receipts  to  other  companies  for  any  purpose 
whatsoever,  except  such  refunds  as  arise  from  errors  or  overcharges. 


Act  4065,  §  8  GENERAL   LAWS.  2156 

Income  derived  from  property  not  defined  in  this  act  as  operative 
property  shall  not  be  included  in  the  gross  receipts  for  the  purpose  of 
determining  the  tax  on  the  property  and  franchises  provided  for  in 
section  2  of  this  act. 

"Operative  property."    Railroad  franchises,  roadways,  etc. 

§  8.  1.  The  term  "operative  property"  as  used  in  this  act  shall  in- 
clude: 

(a)  In  the  case  of  railroad  companies,  including  street  railways:  The 
franchises,  roadwray,  roadbed,  rails,  rolling  stock,  rights  of  way.  sid- 
ings, spur  tracks,  switches,  signal  systems,  cranes  and  structures  used 
in  loading  and  unloading  cars,  fences  along  the  right  of  way,  poles, 
wires,  conduits,  power  lines,  piers,  used  exclusively  in  the  operation  of 
the  railroad  business,  depot  grounds  and  buildings,  ferry-boats,  tugs 
and  car-floats  used  exclusively  in  the  operation  of  the  railroad  business; 
machine-shops,  repair-.'-hops,  roundhouses,  car  barns,  power-houses,  sub- 
stations, and  other  buildings,  used  in  the  oj>eration  of  the  railroad  busi- 
ness and  so  much  of  the  land  on  which  said  shops,  houses,  barns,  and 
other  buildings  are  situate  as  may  be  required  for  the  convenient  use 
and  occuj^ation  of  said  buildings. 

Sleeping-cars,  etc. 

(b)  In  the  case  of  sleeping-car,  dining-car.  drawing-room  car  and 
palace-car  companies,  refrigerator,  oil,  stock,  fruit,  and  other  car-loaning, 
and  other  car  companies  operating  upon  railromls  in  this  state:  The 
franchises,  cars,  and  other  rolling  stock. 

Express  business. 

(«•)  In  the  case  of  companies  doing  express  business  on  any  railroad, 
steamboat,  vessel,  or  stage  line  in  this  state:  The  franchises,  cars, 
trucks,  wagons,   horses,   harness,   and   safes. 

Telegraph  and  telephone. 

(d)  In  the  case  of  telegraph  and  telephone  companies  doing  business 
in  this  state:  The  franchises,  rights  of  way,  poles,  wires,  pipes,  con- 
duits, cables,  switchboards,  telegraph  and  telephone  instruments,  bat- 
teries, generators,  and  other  electrical  appliances,  and  exchange  and  other 
buildings  used  in  the  telegraph  and  telephone  business  and  so  much  of 
the  land  on  which  said  buildings  are  situate  as  may  be  required  for  the 
convenient  use  and  occupation  of  said  buildings. 

Gas  and  electricity.     Operative  property  not  subject  to  local  taxation. 

(e)  In  tlio  cnse  of  companies  engaged  in  th'c  transmission  or  sale  of 
gas  or  electricity:  The  franchises,  towers,  poles,  wires,  pipes,  canals, 
tunnels,  ditches,  flumes,  aqueducts,  conduits,  rights  of  way,  dams,  reser- 
voirs, water  and  water  rights  used  exclusively  in  the  business  of  the 
transmission  or  sale  of  gas  or  electricity;  transformers,  substations,  gas- 
holders, gas  and  electric  generators,  switches,  switchboards,  meters,  elec- 


2157  TAXATION.  Act  4065,  §  8 

trical  and  gas  appliances,  oil  tanks,  power  plants,  power  houses,  and 
other  buildings  and  structures  used  in  the  operation  of  the  business  of 
the  transmission  or  sale  of  gas  or  electricity  and  so  much  of  the  land  on 
which  said  buildings  and  structures  are  situate  as  may  be  required  for 
the  convenient  use  and  operation  of  said  buildings;  provided,  that  the 
ojiorative  property  of  the  companies  enumerated  in  this  section,  shall 
also  inclucle  anj"^  other  property  not  above  enumerated  that  may  be 
reasonably  necessary  for  use  by  said  companies  exclusively  in  the  opera- 
tion and  conduct  of  the  particular  kinds  of  business  enumerated  in  sec- 
tion 2  of  this  act.  The  ojierative  property  mentioned  in  subdivisions 
(a),  (b),  (c),  (d),  and  (e),  of  this  section  shall  not  be  subject  to  taxa- 
tion for  county,  municipal,  or  district  purposes  except  as  otherwise  pro- 
vided for  in  the  constitution  and  laws  of  this  state;  provided,  however, 
that  when  any  piece  or  parcel  of  property  in  this  state  owned  by  any  of 
the  companies  mentioned  in  section  2  of  this  act  is  used  partially  by 
such  company  for  any  use  reasonably  necessary  to  the  operation  of  any 
of  the  lines  of  business  enumerated  in  section  2  of  this  act,  and  such 
property  is  also  partially  rented  to  or  used  by  others  or  is  partially  used 
by  the  company  for  some  other  lines  of  business  not  among  those  so 
enumerated,  or  for  purposes  not  reasonably  necessary  to  the  operation 
of  any  of  said  enumerated  lines  of  business,  it  shall  be  considered  oper- 
ative property  in  that  proportion  only  which  that  part  of  the  property 
mentioned  in  this  proviso  used  by  the  company  in  the  operation  of  any 
of  said  enumerated  lines  of  business  bears  to  the  whole  of  the  property 
mentioned  in  this  proviso. 

Construction  property  not  operative. 

2.  Any  property  of  the  classes  mentioned  in  this  section  owned  by  a 
company  constructing  a  new  railroad,  street  railway,  telegraph  or  tele- 
phone system,  or  plant  or  system  for  the  transmission  or  sale  of  gas 
or  electricity,  no  part  of  which  new  road,  line,  plant,  or  system  is  in 
operation,  and  the  same  classes  of  property  when  held  by  an  operat- 
ing company  solely  for  the  construction  of  a  new  railroad  or  railway 
line,  a  new  telegraph  or  telephone  system,  or  a  new  plant  or  system  for 
the  transmission  or  sale  of  gas  or  electricity,  and  not  to  be  used  for 
betterments  or  additions  to  roads,  lines,  plants,  or  systems  already  under 
operation,  shall  not  be  considered  operative  property  and  shall  be  sub- 
ject to  assessment  and  taxation  for  county,  municipal,  and  district  pur- 
poses. Any  part  of  such  property  of  any  company  mentioned  in  this 
section  shall  be  classed  and  assessed  as  operative  property  when  the  state 
board  of  equalization  shall  determine  that  such  property  is  rendering 
a  substantial  public  service. 

Property  rendering  no  service. 

3.  When  any  property  in  this  state  belonging  to  a  company  of  the 
classes  named'  in  this  section  is  rendering  no  service  to  the  public  in 
this  state,  even  though  it  may  be  rendering  service  to  the  public  in  some 
other  state  or  states,  such  property  shall  not  be  considered  as  operative 


Act  4065,  §  9  GENERAL   LAWS.  2158 

property,   and  shall  be   subject   to   assessment   and   taxation   for   county, 
municipal,  and  district  purposes. 

Rules  for  assessors. 

4.  The  state  board  of  equalization  shall  have  power  to  make  rules  and 
issue  instructions  not  inconsistent  with  the  constitution  and  laws  of 
this  state  for  the  guidance  of  assessors  in  determining  what  is  operative 
property  and  what  is  nonoperative  property  of  companies  named  in  this 
section.     [Amendment  approved  June  12,  1913;  Stats.  1913,  p.  615.] 

Annual  report. 

§  9.  Such  person  or  officer,  as  the  state  board  of  equalization  may 
designate,  of  each  of  the  companies  mentioned  in  section  2  of  this 
act,  shall  within  ten  days  after  the  first  Monday  in  March  of  each  year, 
file  with  the  said  board  a  report  signed  and  sworn  to  by  one  or  more 
of  said  persons  or  officers,  showing  in  detail  for  the  year  ending  the 
thirty-first  day  of  December  last  preceding,  the  various  items  as  fol- 
lows: 

Name  of  company,  nature  of  business,  etc. 

1.  The  name  of  the  company,  its  nature,  whether  a  person  or  persons, 
a  partnership  (with  names  of  partners),  an  association,  or  corporation, 
and  under  the  laws  of  what  state,  territory  or  country  organized,  the 
nature  of  its  business,  the  location  of  its  principal  place  of  Tjusiness, 
the  names  and  postoffice  addresses  of  its  presi<lent,  secretary,  auditor, 
treasurer,  superintendent,  and  general  manager,  the  location  of  its  prin- 
cipal place  of  business  in  this  state,  the  name  and  postoffice  address  of 
its  chief  officer  or  managing  agent  in  this  state,  and  the  names  and 
addresses  of  all  subsidiary  companies  whose  property  and  business  are 
operated  by  it  and  the  names  and  addresses  of  any  company  of  which  it 
may  be  subsidiary. 

Description  of  property,  etc. 

2.  Each  of  the  companies  mentioned  in  section  2  of  this  act  shall 
report,  in  such  detail  as  the  state  board  of  equalization  shall  prescribe, 
all  of  its  property  in  this  state  which  comes  under  the  definition  of 
operative  property  in  section  8  of  this  act.  When  any  such  company 
operates  both  within  and  without  this  state  it  shall  report  the  mileage 
over  which  it  operates  both  within  and  without  this  state.  It  shall  also 
report  the  location  of  said  property  within  this  state  by  counties,  cities 
and  counties,  municipalities,  and  districts,  in  such  manner  and  in  such 
detail  as  said  board  of  equalization  shall  prescribe.  It  shall  also,  at 
the  same  time,  furnish  a  duplicate  of  the  report  covering  so  much  of 
said  property  as  is  located  in  any  county,  city  and  county,  municipality, 
or  district,  to  the  assessor  of  the  county,  city  and  county,  city,  or  dis- 
trict in  which  such  property  is  located. 

Maps. 

The  state  board  of  equalization  may  require  the  filing  in  its  office  of 
maps  descriptive  of  all  the  operative  property   of  any  such   companies, 


2159  TAXATION.  Act  4065,  §  9 

and  may  prescribe  the  form  and  size  of  such  maps  and  details  to  be 
shown  therein,  and  may  require  that  similar  maps  descriptive  of  the 
operative  property  within  each  county,  city  and  county,  municipality, 
or  district,  shall  be  filed  in  the  assessor's  office  in  each  county,  city 
and  county,  city,  or  district  in  which  any  of  said  property  is  located. 

Capital  stock. 

3.  The  amount  of  capital  stock  issued,  and  the  amount  of  money  re- 
ceived therefor,  showing  separately  the  capital  stock  issued  and  the 
money  received  therefor  of  the  operating  company  and  of  each  sub- 
sidiary company  in  this  state. 

Dividends. 

4.  The  dividends  paid  during  the  year  ending  the  thirty-first  day  of 
December  last  preceding,  the  surplus  fund,  if  any  on  said  thirty-first 
day  of  December,  or  between  such  periods  as  the  state  board  of  equaliza- 
tion may  determine,  those  of  the  operating  company  and  of  each  sub- 
sidiary company  in  this  state  to  be  shown  separately. 

Debts. 

5.  The  funded  and  floating  debts  and  the  rate  of  interest  thereon, 
showing  separately  the  debts  of  the  operating  company  and  of  each 
subsidiary  company  in  this  state,  on  the  thirty-first  day  of  December 
last  preceding. 

Value  of  stock. 

6.  The  market  value  of  the  stock  and  of  the  outstanding  bonds,  or, 
when  said  stock  or  bonds  have  no  market  value,  the  actual  value  thereof, 
for  such  periods  and  for  such  dates  as  the  state  board  of  equalization 
shall   prescribe. 

Improvements. 

7.  The  amounts  expended  for  improvements  during  the  year  ending 
the  thirty-first  day  of  December  last  preceding,  how  expended  and  the 
character  of  the  improvements. 

Receipts, 

8.  The  gross  receipts  from  operation  within  this  state  for  the  year 
ending  the  thirty-first  day  of  December  last  preceding,  the  gross  receipts 
from  such  classes  of  business  as  the  state  board  of  equalization  may- 
designate,  to  be  reported  separately;  aho.  where  the  property  and  busi- 
ness are  partly  within  and  partly  without  this  state,  the  gross  receipts 
for  said  period  on  all  business  beginning  and  ending  entirely  within  this 
state,  and  that  proportion  of  the  gross  receipts  from  all  business  passing 
through,  into,  or  out  of  this  state,  w^hich  the  mileage  within  this  state 
bears  to  the  total  mileage  over  which  such  interstate  business  is  done 
as  further  defined  in  section  7  of  this  act. 

Expenses. 

9.  The   operating  and  other  expenses. 


Act  4065,  §  10  GENERAL   LAWS.  2160 

Profit  and  loss. 

10.  The  balanres  of  profit  and  loss,  between  such  perioils  as  the  state 
board   of   equalization    may   determine. 

Other  matters.    Property  of  subsidiary  companies  included.      'Subsidiary 
company"  defined.     Report  of  receipts  separately. 

11.  Such  other  matters  as  the  state  board  of  equalization  may  deem 
necessary  in  order  to  enable  it  to  assess  and  lew  the  taxes  providol 
for  in  section  14  of  article  13  of  the  constitution  of  this  state. 

Each  such  company  shall  include  in  its  report  the  property  and  busi- 
ness of  all  subsidiary  companies  as  that  term  is  hereinafter  defined  in  this 
section,  whose  property  and  business  are  operated  by  it,  whether  by 
virtue  of  a  lease,  an  oiierating  contract  or  agreement,  or  by  virtue  of 
c/ntrol  through  the  ownership  of  stock  or  otherwise,  even  though  such 
subsidiary  companies  maintain  an  independent  legal  existence  and 
separate   accounts. 

The  term  "subsidiary  company"  is  hereby  defined  as  applying  to  a 
company  which  is  merged  in  the  operating  system  of  an  operating  com- 
pany in  any  of  the  ways  above  stated,  whose  property  and  franchises 
would  be  taxable  under  section  2  of  this  act  if  the  same  were  operated 
independently.  No  separate  report  need  be  rendered  by  a  subsidiary 
com[)any  whose  property,  franchises,  and  operations  are  "fully  and  com- 
pletely covered  by  the  report  of  an  operating  company,  unless  the  state 
board  of  equalization  shall  deem  such  a  separate  report  necessary. 

Each  such  company  operating  the  property  and  business  of  a  sub- 
sidiary company  in  some  line  of  business  to  which  a  different  percentage 
of  the  gross  receipts  is  applied  by  section  2  of  this  act  from  that  ap- 
plied by  said  section  2  to  the  gross  receipts  of  the  operating  company, 
shall  report  such  receipts  of  the  subsidiary  comjiany  separately. 
[Amendment  approved  .Tune   12,   191.3;   Stats.   19'l3.  p.  GIT.] 

Assessor  to  report  to  state  board  property  improperly  claimed  as  oper- 
ative property.  Notice  to  company.  State  board  to  investigate. 
Hearing  and  decision  by  state  board. 
§  10.  It  any  assessor  finds  in  the  report  of  the  operative  property  in 
his  county,  city  and  county,  municipality,  or  district,  furnished  to  him  by 
any  of  the  companies  as  required  in  section  9  of  this  act,  any  piece  or 
parcel  of  property  which  he  regards  as  nonoperative  property,  or  par- 
tially operative  and  partially  nonoperative.  he  shall,  within  thirty  days 
after  receiving  such  re]iort,  notify  the  state  board  of  equalization  thereof 
by  mail,  which  notice  shall  contain  a  general  description  of  the  property 
and  the  assessor's  reasons  for  regarding  the  same  as  nonoperative  prop- 
erty. He  shall  also  mail  a  copy  of  the  notice  to  the  company  whose 
property  is  involved.  The  said  board  shall  investigate  the  nature  of  the 
property  and  its  use.  and,  if  an  agreement  between  the  saiil  board,  the 
assessor,  and  the  company  as  to  the  projier  classification  of  such  proi>erty 
cannot  be  reached,  then  the  said  board  shall,  under  such  rules  of  notice 
as   it   may    deem    reasonable,    set    a    date    for    a   hearing,    at    which    the 


2161  '     TAXATION,  Act  4065,  §  11 

assessor  and  the  company  may  be  present  or  represented.  At  such  hear- 
ing the  board  shall,  from  the  evidence  presented  and  from  the  best  infor- 
mation it  can  obtain,  decide  the  matter  in  dispute,  and  determine  whether 
such  property  is  operative  or  nonoperative  or  in  what  proportion  oper- 
ative and  in  what  proportion  nonoperative.  The  said  board  shall  enter 
its  decision  in  its  minutes,  and  shall  send  a  copy  thereof  to  the  assessor 
and  the  company,  and  also  to  the  i)roper  officer  of  any  city  affected 
^hoioby.  Said  decision  shall  be  binding  upon  all  parties,  the  state,  the 
county,  city  and  county,  municipality,  or  district,  and  the  company, 
unless  set  aside  by  a  court  of  competent  jurisdiction,  and  each  such 
assessor  must  note  the  decision  on  his  assessment-roll,  and  must  assess 
such  property  accordingly. 

If  the  state  board  of  equalization  shall  find  in  the  report  of  operative 
property  furnished  to  said  board  by  any  company  under  the  provisions 
of  section  9  of  this  act,  any  piece  or  parcel  of  property  which  said  board 
regards  as  nonoperative  property,  or  partially  operative  and  partially 
nonoperative,  the  board  shall,  within  thirty  days  after  receiving  such 
report,  notify  said  company  thereof  in  writing,  which  notice  shall  con- 
tain a  general  description  of  the  property  and  the  reasons  for  regarding 
the  same  as  nonoperative.  It  shall  also  mail  a  copy  of  the  notice  to  any 
assessor  in  whose  county,  city  and  county,  municipality,  or  district  the 
property  is  located.  If  an  agreement  between  the  said  board,  the 
assessor,  and  the  company  as  to  the  proper  classification  of  such  property 
cannot  be  reached,  then  the  said  board  shall,  under  such  rules  of  notice 
as  it  may  deem  reasonable,  set  a  date  for  a  hearing,  at  which  the  assessor 
and  the  company  may  be  present  or  represented.  At  such  hearing  the 
board  shall,  from  the  evidence  presented  and  from  the  best  information 
it  can  obtain,  decide  the  matter  in  dispute,  and  determine  whether  such 
property  is  operative  or  nonoperative,  or  in  what  proportion  operative 
and  in  what  proportion  nonoperative.  The  said  board  shall  enter  its 
decision  in  its  minutes,  and  shall  send  a  copy  thereof  to  the  assessor 
and  the  company,  and  also  to  the  proper  officer  of  any  city  affected 
thereby.  Said  decision  shall  be  binding  upon  all  parties,  the  state,  the 
county,  city  and  county,  municipality,  or  district,  and  the  company,  un- 
less set  aside  by  a  court  of  competent  jurisdiction,  and  each  such 
assessor  must  note  the  decision  on  his  assessment-roll  and  must  assess 
the  property  accordingly. 

Insurance  commissioner  to  report.     Companies.     Gross  premiums.     Return 
premiums  and  reinsurance.     Local  taxes.     Companies  subject  to  re- 
taliatory law.     Additional  statements  by  insurance  companies. 
§  11.     The  insurance  commissioner  of  this  state  must  on  or  before  the 
last  day  of  March  in  each  year,  make  and  file  with  the  state  board  of 
equalization  a  report  showing: 

1.  All  companies,   domestic  and  foreign,  and  all  firms,  associations,  or 
persons,  engaged  in  the  business  of  insurance  in  this  state. 
136 


Act  4065,  §  12  GENERAL  LAWS.  2162 

2.  The  total  amouct  of  the  gross  premiums  received  from  its  business 
in  this  state  by  each  of  said  companies,  firms,  associations,  and  persons 
during  the  year  ending  the  thirty-first  day  of  December  last  preceding. 

3.  The  amount  of  return  premiums  paid  on  business  done  in  this  state, 
and  the  amount  of  reinsurance  on  business  done  in  this  state  paid  to 
other  insurance  companies  or  associations  authorized  to  do  business  in 
this  state,  by  said  companies,  firms,  associations,  and  persons,  durin» 
said  year.  * 

4.  The  amount  of  any  county  and  municipal  taxes  paid  during  said 
year  by  such  companies  on  real  estate  owned  by  them  in  this  state,  and 
where  said  real  estate  is  located. 

In  making  this  report  he  shall  list  separately  all  those  companies, 
firms,  associations,  or  persons,  which,  under  the  second  proviso  in  sub- 
division (b)  of  section  14  of  article  13  of  the  constitution  and  of  sec- 
tion 3  of  this  act,  are  subject  to  a  tax  at  a  rate  higher  than  one  and 
one-half  per  cent  on  their  gross  premiums,  or  to  any  additional  tax  or 
burden,  and  shall  indicate  in  each  case  the  amount  and  character  of  said 
tax  or  burden. 

Every  company,  firm,  association,  or  person  engaged  in  the  business 
of  in.surance  in  this  state  shall  file  with  the  insurance  commissioner  on 
or  before  the  first  Monday  in  March  of  each  year  such  statements  in 
addition  to,  or  in  modification  of,  the  statements  required  to  be  rendered 
under  the  provisions  of  article  16  of  chapter  3  of  title  1  of  part  3  of 
the  Political  Code  as  said  insurance  commissioner  shall  deem  necessary 
to  enable  him  to  prei>are  the  report  required  of  him  in  this  section  and 
said  statements  shall  be  verified  in  the  same  manner  as  is  provided  for 
the  verification  of  other  statements  by  insurance  companies  in  section 
610  of  the  Political  Code,  except  that  those  filed  by  foreign  companies 
shall  be  verified  by  the  oath  of  the  manager  thereof  residing  within 
this  state. 

Bank  reports.    Unincorporated  banks,  branches,  etc.    Form  of  reports. 

§  12.  The  jiresident,  secretary,  treasurer,  cashier,  or  such  other  otlii'tr 
as  the  state  board  of  equalization  may  determine,  of  every  bank  referroii 
to  in  section  14  of  article  13  of  the  constitution  of  this  state,  shall 
on  the  first  Monday  in  March  or  within  ten  days  thereafter  make  and 
file  with  the  state  board  of  equalization  a  sworn  statement  showing  the 
condition  of  said  bank  at  the  close  of  business  on  the  first  Monday  in 
March,  and  showing  the  amount  of  its  authorized  capital  stock,  the  num- 
ber of  shares  issued  and  the  par  value  thereof,  the  amount  received  for 
stock  issued,  the  amount  of  its  surplus  and  undivided  profits,  if  any.  a 
complete  list  of  the  names  and  residences  of  its  stockholders  and  the 
number  of  shares  held  by  each  as  of  record  on  the  books  of  the  bank 
at  the  close  of  business  on  the  first  Monday  in  March;  or,  in  the  case  of 
unincorporated  banks  and  bankers,  of  banks  having  no  capital  stock 
and  of  branches,  agencies,  or  other  representatives  of  banks  doing  bnsi 
ness  outside  of  this  state,  the  money  capital,  reserve,  surplus,  undivided 


1 


2163  TAXATION.  Act4065,  §§  13, 14 

profits,  and  other  taxable  property,  as  further  defined  in  section  14  of 
article  13  of  the  constitution  of  this  state,  used  by  them  in  the  bank- 
ing business  in  this  state,  also  a  description  of  the  real  estate,  other  than 
mortgage  interests  therein,  and  the  value  of  each  piece  thereof  as  assessed 
for  the  purpose  of  county  taxation  for  the  then  current  fiscal  year. 
Branches,  agencies,  or  other  representatives  of  banks  doing  business  out- 
side of  this  state,  shall  report  the  average  amount  owed  by  said  branches, 
agencies,  or  other  representatives,  to  the  banks  of  which  they  are 
branches,  agencies,  or  representatives,  during  the  year  ending  the  first 
Monday  in  March,  also  a  description  of  the  real  estate  other  than  mort- 
gage interests  therein,  and  the  value  of  each  piece  thereof  as  assessed 
for  the  purpose  of  county  taxation  for  the  then  current  fiscal  year.  The 
state  board  of  equalization  shall  prescribe  the  form  of  reports,  the 
manner  of  their  verification,  and  may  require  the  submission  of  tax 
receipts,  or  copies  thereof  certified  to  be  correct  by  any  notary  public, 
in  order  to  verify  the  statements  as  to  the  assessed  value  of  the  real 
estate,  and  may  require  such  further  information  or  statements  as  said 
board  may  deem  necessary. 

Secretary  of  state  to  report  corporations,  etc. 

§  13.  The  secretary  of  state  shall  before  the  first  day  of  April  in  the 
year  1911  report  to  the  state  board  of  equalization  the  names,  principal 
place  of  business,  date  of  incorporaation,  term  of  existence,  number  of 
charter,  and  the  funded  debt,  if  any,  and  the  then  authorized  capital  stock 
of  all  corporations,  whether  formed  under  the  laws  of  this  state  or  of  some 
other  state  or  country,  a  copy  of  whose  articles  of  incorporation  is  on  file 
in  his  office,  and  which  are  authorized  tx)  do  business  in  this  state,  and  at 
such  times  thereafter  and  as  often  as  the  state  board  of  equalization  shall 
determine,  report  to  said  board  the  same  information  concerning  all  new 
corporations,  whether  formed  under  the  laws  of  this  state  or  of  any  other 
state  or  country,  a  copy  of  whose  articles  of  incorporation  shall  have  been 
filed  in  his  oflSce,  together  with  the  amount  of  the  capital  stock  thereof, 
and  also  the  names  and  principal  place  of  business  of  all  corporations  filing 
designation  of  agents  or  certificates  of  increase  or  decrease  of  capital 
stock  in  his  office  with  the  amount  of  the  increase  or  decrease  of  the 
capital  stock  thereof. 

Annual  report  by  holders  of  franchises. 

§  14.  The  owner  or  holder  of  every  franchise  subject  to  taxation  as 
provided  in  section  5  of  this  act,  shall  within  ten  days  after  the  first 
Monday  in  March  in  each  year  make  a  written  report  to  the  state 
board  of  equalization,  signed  and  sworn  to  by  the  holder  or  owner  him- 
self, if  an  individual,  or  by  one  of  the  copartners  if  such  owner  or 
holder  is  a  copartnership,  or  by  the  president  or  vice-president  and  the 
treasurer  or  secretary  if  the  owner  is  a  corporation,  containing  such 
a  concise  statement  or  description  of  every  franchise  possessed  or  enjoyed 
on  said  day  by  such  owner  or  holder,  as  the  statt  board  of  equaliza- 
tion may  prescribe,  a  copy  of  the  law,  grant,  ordinance,  or  contract  under 


Act  4065,  §  14  GENERAL   LAWS.  2164 

which  the  same  is  hold,  or  if  possessed  or  enjoyed  under  a  general  law. 
a  reference  to  such  law,  a  statement  of  any  condition,  obligation,  or 
burden  imposed  upon  such  franchise,  or  under  which  the  same  is  enjoyed, 
and  containing  also: 

Name  of  company,  its  nature,  etc. 

1.  Tiie  name  of  the  company,  its  nature,  whether  a  person  or  persons, 
a  partnership  (with  names  of  partners),  an  association,  or  corporation, 
and  under  the  laws  of  what  state,  territory,  or  country  organized,  the 
nature  of  its  business,  the  location  of  its  principal  place  of  business, 
the  names  and  postofBee  addresses  of  its  president,  secretary,  auditor, 
treasurer,  superintendent,  and  general  manager,  the  location  of  its  prin- 
cipal place  of  business  in  this  state,  the  name  and  postoffiee  address  of 
its  chief  officer  or  managing  agent  in  this  state,  and  the  names  and 
addresses  of  all  subsidiary  companies  whose  property  and  business  are 
operated  b^  it. 

Capital  stock. 

2.  The  amount  of  its  authorized  capital  stock,  the  amount  thereof 
issued  and  outstanding  on  the  first  Monday  in  March,  and  the  amouut 
paid   in   thereon   or   the   value   of   the   property   received   therefor. 

Debts. 

3.  The  funded  and  floating  debts  and  the  interest  paid  thereon  show- 
ing separately  the  debts  of  the  operating  company  an(i  of  any  subsidiary 
companies  in  this  state  on  the  thirty-first  day  of  December  last  preced- 
ing. 

Value  of  stock. 

4.  The  market  value  of  the  stock  and  of  the  outstanding  bonds,  or, 
when  said  stock  or  bonds  have  no  market  value,  tlie  actual  value 
thereof,  for  such  periods  and  for  such  dates  aa  the  state  board  of 
ecjualization   shall  prescribe. 

Value  of  property. 

5.  The  assessed  value  of  its  property  as  shown  by  the  last  completed 
assessment-roll  in  each  county,  city  and  county,  and  city  in  the  state 
for  <;he  purj)oses  of  taxation,  and  if  any  property  of  such  corporation 
be  assessed  and  taxed  outside  of  the  state  of  California  the  place  where 
assessed,  the  amount  of  such  assessment  and  taxes  there  paid  the  cur- 
rent  fiscal   year. 

5a.  The  market  and  actual  value  of  all  nonassessable  real  and  personal 
property  owu'hI  by  such  company. 

.5b.  The  amount  and  actual  value  of  all  of  said  real  and  personal  prop- 
erty referred  to  in  the  last  two  preceding  sections,  that  is  owned  and 
jiossessed  by  the  company  at  the  date  of  its  report;  also,  the  amount 
and  actual  value  of  any  otlier  and  additional  real  or  personal  property 
owned  by  the  company  at  the  date  of  said  report. 


2165  TAXATION.       Act  4065,  §§  15, 16 

Dividends. 

6.  The  dividenrls  paid  during  the  year  ending  the  thirty-first  day  of 
December  last  preceding,  the  surplus  fund,  if  any,  on  said  thirty-first 
day  of  December,  or  between  such  periods  as  the  state  board  of  equal- 
ization may  determine.  Those  of  the  ojierating  company  and  of  each 
subsidiary  company  in  this  state  to  be  shown  separately. 

Receipts. 

7.  The  gross  receipts  from  all  sources  for  the  year  ending  the  thirty- 
first  of  December  last  preceding,  from  the  entire  property  and  business, 
the  gross  receipts  from  such  classes  of  business  as  the  state  board  may 
designate,  to  be  reported  separately;  also,  the  total  gross  receipts  from 
intrastate  business  and  from  interstate  business  so  far  as  the  same 
relate   to  this  state,  the  same  to  be  separately  stated. 

Expenses. 

8.  The  operating  and   other  expenses. 

Profit  and  loss. 

9.  The  balances  of  profit  and  loss,  between  such  periods  as  the  state 
board  of  equalization  may  determine. 

Other  necessary  matters. 

10.  Siich  other  matters  as  the  state  board  of  equalization  may  deem 
necessary  in  order  to  enable  it  to  assess  and  levy  the  taxes  provided 
for  in  section  14  of  article  13  of  the  constitution  of  this  state.  The 
state  board  06  equalization  shall  ascertain  and  determine  from  the  fore- 
going reports  or  from  the  best  information  it  can  obtain  the  actual  cash 
value  on  the  first  Monday  in  March  of  each  such  franchise,  and  shall 
assess  and  levy  the  taxes  thereon  in  accordance  with  the  provisions 
of  subdivision  (d)  of  section  14  of  article  13  of  the  constitution  of  this 
state.     [Amendment  approved  June  12,   1913;   Stats.  1913,  p.  619.] 

Assessor  to  report  to  state  board. 

§  15.  Every  assessor  or  auditor  shall,  in  the  manner,  at  the  times,  and 
for  the  year  required  by  the  state  board  of  equalization,  report  to  said 
board  upon  such  forms  as  may  be  prescribed  by  said  board  the  valuation 
placed  by  him  upon  the  property  of  any  company  subject  to  an  assess- 
ment upon  its  franchise  under  the  provisions  of  this  act. 

Arbitrary  assessment  in  case  of  failure  or  refusal  to  report.  Penalty  for 
failure  or  refusal  to  report.  Penalty  for  false  report. 
§  16.  If  any  company  mentioned  in  section  1  of  this  act  shall  fail 
or  refuse  to  furnish  to  the  state  board  of  equalization  within  the  time 
prescribed  in  this  act  the  verified  report  provided  for  in  this  act,  the 
state  board  of  equalization  must  note  such  failure  or  refusal  in  the  record 
of  assessments  for  state  taxes  hereinafter  in  this  act  provided  for,  and 
must  make  an  estimate  of  the  amount  of  the  gross  receipts,  gross  pre- 
miums, value  of  the  shares  of  capital  stock,  or  value   of  the  franchises 


Act  4065,  §§  17, 18     general  laws.  2166 

of  such  company  and  must  assess  the  same  at  the  amount  thus  estimated, 
which  assessment  shall  be  the  assessment  upon  which  the  taxes  upon  the 
property  or  franchise  of  the  company  for  such  year  shall  be  levied  and 
collected  as  provided  for  in  this  act.  And  if  in  the  succeeding  year  any 
Buch  company  shall  again  fail  or  refuse  to  furnish  the  verified  report 
required  by  this  act,  the  state  board  shall  make  an  estimate  of  the 
amount  of  the  gross  receipts,  gross  premiums,  ralue  of  the  shares  of 
capital  stock,  or  value  of  the  franchise  of  such  company,  which  estimate 
shall  not  be  less  than  twice  the  amount  of  the  estimate  made  by  said 
board  in  the  previous  year,  and  shall  note  such  failure  or  refusal  as 
above  provided,  and  the  said  estimate  so  made  shall  be  the  assessment 
upon  which  the  taxes  upon  the  property  or  franchise  of  the  company  for 
such  year  shall  be  levied  and  collected  as  provided  for  in  this  act.  In 
case  of  each  succeeding  consecutive  failure  or  refusal  the  said  board 
shall  follow  the  same  procedure  until  a  true  statement  shall  be  furnished. 

Any  company  failing  or  refusing  to  make  and  furnish  any  report  pre- 
scribed in  this  act  or  rendering  a  false  or  fraudulent  report  shall  be 
guilty  of  a  misdemeanor  and  subject  to  a  fine  of  not  less  than  three  hun- 
dred dollars  and  not  exceeding  five  thousand  dollars  for  each  such  ofifense. 

Any  person  required  to  make,  render,  sign,  or  verify  any  report,  who 
makes  any  false  or  fraudulent  report,  with  intent  to  defeat  or  evade  the 
assessment  required  by  this  act  to  be  maile,  shall  be  guilty  of  a  mis- 
demeanor, and  shall  for  each  such  offense  be  fined  not  less  than  three 
hundred  dollars  and  not  more  than  five  thousand  dollars,  or  be  im- 
prisoned not  exceeding  one  year  in  the  county  jail  of  the  county  where 
said  report  was  verified,  or  be  subject  to  both  said  fine  ^nd  imprison- 
ment, at  the  discretion  of  the  court. 

Extension  of  time  for  filing  report. 

§  17.  The  state  board  of  equalization  may,  for  good  cause  shown,  by 
order  entered  upon  its  minutes,  extend  for  not  exceeding  thirty  days, 
the  time  fixed  in  this  act  for  filing  any  report  herein  provided  for; 
provided,  however,  that  for  the  year  1911  the  said  board  may  extend  the 
period  herein  mentioned  for  not  exceeding  sixty  days. 

Meetings  of  board  of  equalization.     Assessment  and  levy  of  tax.     Bank 

shares,  taxation  of.     Notice  of  completion  of  assessment.     Power  to 

correct  record. 

§  18.     The   state   board   of   equalization   must    meet   at   the   state   cap- 

itol   on   the  first   Monday  in   March   in   each   year,   and   continue   in    open 

session  from  day  to  day,  Sundays  anil  holidays  excepted,  until  the  first 

Monday    in    .luly.     Between    the    first    Moniiay    in    March    and    the    third 

Monday  before  the  first  Mon<lay  in  July  the  board  must  assess  and  levy 

the  taxes  as  and  in  the  manner  provided   for  in  this  act  and   in  section 

14  of  article  13  of  the  constitution  of  this  state.     The  assessments  must 

be  made  to  the  company,  person,  or  association   owning  or  operating  the 

property  subject  to  said  tax,  or,  in  the  case  of  banks,  banking  associa- 


1 


2167  TAXATION.         Act  4065,  §  18 

tions,  savings  and  loan  societies  and  trust  companies,  to  the  stock- 
holders therein;  provided,  however,  that  in  the  case  of  banks  in  liqui- 
dation the  assessment  shall  be  made  to  the  receiver,  trustee  or  officer  in 
charge  of  such  liquidation,  as  the  case  may  be,  as  the  representative 
of  the  stockholders  thereof.  If  the  name  of  the  owner  is  unknown  to 
the  board,  such  assessment  must  be  made  to  upknown  owners.  Clerical 
errors  occurring  or  appearing  in  the  name  of  any  company,  person,  asso- 
ciation, or  stockholder  whose  property  is  correctly  assessed,  or  in  the 
making,  or  extension  of  any  assessment  upon  the  records  of  the  state 
board  of  equalization,  which  do  not  affect  the  substantial  rights  of  the 
taxpayer,  shall  not  invalidate  the  assessment;  provided,  however,  that  if 
any  bank  shall  by  resolution  of  its  board  of  directors,  request  the  state 
board  of  equalization  to  assess  to  and  in  the  name  of  such  bank  so  re- 
questing, the  entire  taxable  value  of  all  the  shares  of  the  capital  stock 
of  such  bank,  as  determined  by  said  state  board,  instead  of  assessing 
such  shares  to  and  in  the  name  of  the  individual  stockholders  or  share- 
holders owning  the  same,  and  if  such  bank  shall  promise  that  it  will 
upon  being  notified  by  said  state  board,  of  such  assessment  thereof  to  said 
bank,  and  of  the  amount  of  taxes  to  be  paid  upon  such  assessment,  pay 
such  taxes  at  the  times  when  taxes  assessed  and  levied  under  this  act 
are  due  and  payable,  which  request  to  assess  said  bank  and  promise  to 
pay  said  tax  shall  be  in  substantially  the  following  form: 

The  state  board  of  equalization  is  hereby  instructed  to  assess  in  the 
name  of  this  bank  and  not  to  the  individual  stockholders  or  shareholders 
therein,  the  taxable  value  of  all  the  shares  of  capital  stock  in  this  bank 
and  such  bank  hereby  promises  to  pay  to  the  state  treasurer  the  amount 
of  the  tax  levied  upon  such  assessment  when  such  taxes  are  due  and  pay- 
able under  the  laws  of  this  state. 

By  (here  insert  title  of  official  signing.) 
Then  the  state  board  may  assess  the  capital  stock  to  and  in  the 
name  of  such  bank  and  said  promise  to  pay  the  taxes  shall  be  binding 
upon  such  bank  and  collection  of  such  taxes  from  such  bank  may  be  en- 
forced in  the  manner  and  by  the  same  method  as  is  provided  for  the 
collection  of  other  taxes  assessed  and  levied  under  this  act.  On  the 
third  Monday  before  the  first  Monday  in  July  the  said  board  shall  pub- 
lish a  notice  in  one  daily  newspaper  of  general  circulation  published 
at  the  state  capital,  in  one  daily  newspaper  of  general  circulation  pub 
lished  in  the  city  and  county  of  San  Francisco,  and  in  one  daily  news- 
paper of  general  circulation  published  in  the  city  of  Los  Angeles,  that 
the  assessment  of  property  for  state  taxes  has  been  completed,  and  that 
the  record  of  assessments  for  state  taxes  will  be  delivered  to  the  con- 
troller on  the  first  Monday  in  July,  and  that  if  any  company,  person, 
or  association  is  dissatisfied  with  the  assessment  made  by  the  board,  it 
may,  at  any  time  before  the  taxes  thereon  shall  become  due  and  pay- 
able, apply  to  the  board  to  have  the  same  corrected  in  any  particular. 


Act  4065,  §§  19, 20  general  laws.  2168 

The  board  shall  have  power  at  any  time  on  or  before  the  first  Monday  in 
July  to  correct  the  record  of  assessments  for  state  taxes  and  may  in- 
crease or  decrease  any  assessment  therein  if  in  its  judgment  the  evi- 
dence presented  or  obtained  warrants  such  action.  [Amendment 
approved  June  12,   1913;   Stats.   1913,  p.  621.] 

Record  of  assessments  for  state  taxes.  Certifying  to  assessment-roll. 
Taxes  when  due  and  when  delinquent.  Taxes  not  secured  by  real 
estate  may  be  collected  on  assessment.     Sale  for  taxes. 

§  19.  The  state  board  of  equalization  must  prepare  each  year  a  book, 
in  one  or  more  volumes,  to  be  called  the  "record  of  assessments  for  state 
taxes,"  in  which  must  be  entered,  either  in  writing  or  printing,  or  by 
both  writing  and  printing,  each  assessment  and  levy  made  by  saiil  board 
upon  the  i)ro])erty  and  franchises  mentioned  in  section  1  of  this  act,  de- 
scribiag  the  i)roi>erty  assessed,  and  such  assessments  shall  be  classified 
and  entered,  in  such  separate  parts  of  said  record  as  the  board  shall  pre- 
scribe. On  the  first  Monday  in  July  the  secretary  of  the  state  board  of 
equalization  must  deliver  to  the  controller  of  state  the  record  of  assess- 
ments for  state  taxes,  certified  to  by  the  chairman  and  secretary  of  the 
board,  which   certificate   shall  be  substantially  as  follows: 

"We,  ,  chairman,  and  ,  secretary,  of  the  state  boird  of  equal- 
ization of  the  state  of  California  do  hereby  certify  that  between  the  first 
Monday  in  March  and  the  first  Monday  in  July,  19 — ,  the  state  board 
of  equalization  made  diligent  inquiry  and  examination  to  ascertain  all 
property  and  comjianies  suljjcct  to  assessment  and  taxation  for  state 
purposes,  as  required  by  the  constitution  of  this  state;  that  said  board 
has  faithfully  complied  with  all  the  duties  imposed  upon  it  by  the  con- 
stitution and  laws  of  the  state  of  California;  that  said  board  has  not 
imposed  any  unjust  or  double  assessment  through  malice  or  ill-will,  or 
otherwise;  nor  allowed  any  company  or  property  to  escape  a  just  assess- 
ment through  favor  or  reward,  or  otherwise." 

But  the  failure  to  subscribe  such  certificate  to  such  record  of  assess- 
ments for  state  taxes,  or  any  certificate,  shall  not  in  any  manner  affect 
the  validity  of  any  assessment.  Such  record  of  assessments  shall  con- 
stitute the  warrant  for  the  controller  to  collect  the  taxes  assessed  and 
levied  upon  the  property  and  franchises  infMitif^ned  in  sei"tion  1  of  this 
act. 

Taxes,  when  due  and  when  delinquent.  Taxes  not  secured  by  real  estate. 
Sale  for  taxes.  Residue  of  property.  Notice  when  taxes  due. 
§  20.  The  taxes  assessed  and  levied  as  provided  in  section  14  of  arti- 
cle 13  of  the  constitution  of  this  state,  and  in  and  by  the  provisions 
of  this  act,  shall  be  due  and  payable  on  the  first  Monday  in  July  in 
each  year,  and  one-half  thereof  shall  be  delinquent  on  the  sixth  Monday 
after  said  first  ^fonday  in  .Tuly  at  6  o'clock  P.  M.,  and  unless  paid  prior 
thereto,  fifteen  per  cent  shall  be  added  to  the  amount  thereof,  and  unless 
paid  prior  to  the  first  Monday  in  February  next  thereafter  at  6  o'clock 


I 


2169  TAXATION.  Act  4065,  §20 

P.  M.,  an  additional  five  per  cent  shall  be  arlded  to  the  amount  thereof; 
and  the  iin[)aid  portion,  or  the  remaining  one-half  of  said  taxes  shall 
become  delinquent  on  the  first  Monday  in  February  next  succeeding  the 
day  upon  which  they  became  due  and  payable  at  6  o'clock  P.  M.;  and 
if  not  paid  prior  thereto  five  per  cent  shall  be  added  to  the  amount 
thereof;  provided,  that  all  taxes  provided  for  or  levied  under  this  act 
which  are  not  fully  secured  by  real  property  are  due  and  payable  at  the 
time  the  assessment  is  made.  When  in  the  opinion  of  the  state  board 
of  equalization  any  of  the  taxes  provided  for  in  this  section  are  not  a 
lien  upon  real  property  suflicient  to  secure  the  payment  of  the  taxes, 
said  board  niav  direct  the  controller,  or  his  duly  authorized  representa- 
tive, to  collect  the  same  at  any  time  before  the  first  Monday  in  August 
thereafter,  and  the  controller  may  collect  the  taxes  by  seizure  and  sale 
of  any  property  owned  by  the  company  against  whom  the  tax  is  assessed. 

The  sale  of  any  property  so  seized  shall  be  made  at  public  auction  and 
of  a  sufficient  amount  of  the  property  to  pay  the  taxes,  penalties  and 
costs,  and  be  made  after  one  week's  notice  of  the  time  and  place  of  such 
sale  given  by  publication  in  a  newspaper  of  general  circulation  published 
in  the  county  where  the  property  seized  is  situate,  or  if  there  be  no 
newspaper  of  general  circulation  published  in  such  county,  then  by  post- 
ing such  notice  in  three  public  places  in  such  county.  Said  notice 
shall  contain  a  description  of  the  property  to  be  sold  together  with  a 
statement  of  the  amount  of  the  taxes,  penalties  and  costs  due  thereon 
and  the  name  of  the  owner  of  said  property  and  a  further  statement 
that  unless  the  taxes,  penalties  and  costs  are  paid  on  or  before  the  day 
fixed  in  said  notice  for  such  sale  of  said  property,  or  so  much  thereof  as 
may  be  necessary  to  pay  said  taxes,  penalties  and  costs,  said  property 
will  be  sold  in  accordance  with  law  and  said  notice.  On  payment  of  the 
price  bid  for  any  property  sold,  the  delivery  thereof  with  bill  of  sale 
executed  by  the  controller  vests  the  title  in  the  purchaser.  The  unsold 
portion  of  any  property  so  seized,  may  be  left  at  the  pla,ce  of  sale  at 
the  risk  of  the  owner.  All  of  the  proceeds  of  any  such  sale  in  excess  of 
the  taxes,  penalties,  and  costs,  must  be  returned  to  the"  owner  of  the 
property  sold,  and  until  claimed  must  be  deposited  in  the  state  treasury 
subject  to  the  order  of  the  owner  thereof,  his  heirs,  or  assigns. 

Within  ten  days  after  the  receipt  of  the  record  of  assessments  for 
state  taxes,  the  controller  must  begin  the  publication  of  a  notice  to  ap- 
pear daily  for  two  weeks,  in  one  daily  newspaper  of  general  circulation 
published  at  the  state  capital,  in  one  daily  newspaper  of  general  cir- 
culation published  in  the  city  and  county  of  San  Francisco,  and  in  one 
daily  newspaper  of  general  circulation  published  in  the  city  of  Los 
Angeles,  specifying: 

1.  That  he  has  received  from  the  state  board  of  equalization  the 
record  of  assessments  for  state  taxes. 

2.  That  the  taxes  therein  assessed  are  due  and  payable  on  the  first 
Monday  in  July  and  that  one-half  thereof  will  be  delinquent  on  the  sixth 


Act  4065,  §§  21, 22     general  laws.  2170 

Monday  after  the  first  Monday  in  July  at  6  o'clock  P.  M.,  and  that, 
unless  paid  to  the  state  treasurer  at  the  capitol  prior  thereto,  fifteen 
per  cent  will  be  a(^ded  to  the  amount  thereof,  and  unless  paid  prior  to 
the  first  Monday  in  P'ebruary  next  thereafter  at  6  o'clock  P.  M.,  an 
additional  five  per  cent  will  be  added  to  the  amount  thereof;  and  that 
the  remaining  one  half  of  said  taxes  will  become  delinquent  on  the  first 
Monday  in  February  next  succeeding  the  day  upon  which  they  become 
due  and  payable  at  G  o'clock  P.  M.;  and  if  not  paid  to  the  state  treas- 
urer at  the  capitol  prior  thereto,  five  per  cent  will  be  added  to  the 
amount  thereof. 

Taxes  lien  on  property. 

§  21.  The  taxes  levied  under  the  provisions  of  this  act  shall  con- 
stitute a  lien  upon  all  the  property  and  franchises  of  every  kind  and 
nature  belonging  to  the  companies  subject  to  taxation  for  state  pur- 
poses, which  lien  shall  attach  on  the  first  Monday  in  March  of  each 
year.  Every  tax  herein  provided  for  has  the  effect  of  a  judgment 
against  the  company,  and  every  lien  created  by  this  act  has  the  effect 
of  an  execution  duly  levied  against  all  property  of  the  delinquent;  the 
judgment  is  not  satisfied  nor  the  lien  removed  until  such  taxes,  penalties, 
and  costs  are  paid,  or  the  property  sold  for  the  payment  thereof.  No 
final  discharge  in  bankruptcy  or  decree  of  dissolution  shall  be  made 
and  entered  W  an}-  court  until  all  taxes,  penalties,  and  costs  due  on 
assessments  made  under  the  jirovisions  of  this  act  shall  have  been  paid 
and  discharged.  [Amendment  approved  June  12,  1913;  Stats.  1913, 
p.  622.] 

Taxes  paid  to  state  treasurer.  Controller's  receipt.  Credit  for  erro- 
neous payments. 
§  22.  All  taxes  assessed  and  levied  as  provided  in  this  act  shall  be 
paid  to  the  state  treasurer,  upon  the  order  of  the  controller,  without 
deduction  for  any  taxes  assessed  and  levicl  to  pay  the  principal  and 
interest  of  any  bonded  indebtedness  mentioned  in  subdivision  (e)  of 
section  14  of  article  13  of  the  constitution  of  this  state,  and  the  amount 
due  to  the  cities,  cities  and  counties,  counties,  towns,  townships,  and  dis- 
tricts on  account  of  said  taxes  assessed  and  levied  for  such  bonded  indebt- 
edness shall  be  paid  to  said  cities,  cities  and  counties,  counties,  towns, 
townsliips,  or  distri<'ts  in  the  manner  hereinafter  in  this  act  provided. 
The  controller  must  mark  the  date  of  payment  of  any  tax  on  the  record 
of  assessments  for  state  taxes.  He  must  give  a  receipt  to  the  person 
paying  any  tax,  or  any  part  of  any  tax,  specifying  the  amount  of  the 
assessment  and  the  tax,  or  part  of  tax,  paid,  and  the  amount  remaining 
unpaid,  if  any,  with  a  descrijdion  of  the  property  assessed;  provided, 
that  the  receipt  for  the  second  half  of  the  taxes  may  refer,  by  number 
or  in  any  other  intelligible  manner,  to  the  receipt  given  for  the  first 
half  of  said  taxes,  in  lieu  of  a  description  of  the  property  assessed. 
Whenever  any  taxes,  penalties,  or  costs  collected  and  paid  to  the  state 


i 


2171  TAXATION.  Act  4065,  §  23 

treasurer  under  the  provisions  of  this  act,  shall  have  been  paid  more 
than  once,  or  shall  have  been  erroneously  or  illegally  collected,  or  when 
any  taxes  shall  have  been  collected  and  paid  pursuant  to  this  act  upon 
a  computation  erroneously  made  by  reason  of  clerical  mistake  of  the 
officers  or  employees  of  the  state  board  of  equalization,  or  shall  have 
been  computed  in  a  manner  contrary  to  law,  the  state  board  of  equali- 
zation shall  certify  to  the  state  board  of  control  the  amount  of  such 
taxes,  penalties,  or  costs,  collected  in  excess  of  what  was  legally  due, 
from  whom  they  were  collected  or  by  whom  paid,  and  if  approved  by 
said  board  of  control,  the  same  shall  be  credited  to  the  company  or 
person  to  whom  it  rightfully  belongs,  at  the  time  of  the  next  payment 
of  taxes.  No  claim  for  such  credit  shall  be  so  audited,  approved,  al- 
lowed, or  paid  unless  presented  within  one  year  after  the  payment 
sought  to  be  refunded.  In  case  the  assessment  of  any  property  or  any 
company  is  duplicated  upon  the  state  assessment  roll,  or  there  appears 
thereon  the  assessment  of  any  company  whose  charter  has  been  for- 
feited or  right  to  do  business  in  this  state  has  been  forfeited,  or  the 
assessment  of  any  company  which,  for  any  reason,  could  not  be  legally 
assessed,  the  state  board  of  equalization  or  the  controller  shall  certify 
such  fact  to  the  state  board  of  control  and  said  board  of  control  shall 
authorize  the  cancellation  of  such  assessment.  [Amendment  approved 
June  12,  1913;  Stats.  1913,  p.  622.] 

Actions  for  recovery  of  void  taxes. 

§  23.  Any  company,  person  or  association  claiming  and  protesting 
as  herein  provided  that  the  assessment  made  against  him  or  it  by  the 
state  board  of  equalization  is  void  in  whole  or  in  part  may  bring  an 
action  against  the  state  treasurer  for  the  recovery  of  the  whole  or 
any  part  of  such  tax,  penalties  or  costs  paid  on  such  assessment  upon 
the  grounds  stated  in  such  protest,  but  no  such  action  may  be  brought 
later  than  the  third  Monday  in  February  next  following  the  day  on 
which  the  taxes  were  due,  nor  unless  such  company,  person  or  asso- 
ciation shall  have  filed  with  the  state  controller  at  the  time  of  payment 
of  such  taxes  a  written  protest  stating  whether  the  whole  assessment 
is  claimed  to  be  void,  or  if  a  part  only,  what  part,  and  the  grounds  upon 
which  such  claim  is  founded;  and  when  so  paid  under  protest  the 
payment  shall  in  no  case  be  regarded  as  voluntary.  Whenever  under 
the  provisions  of  this  section  an  action  is  commenced  against  the  state 
treasurer,  a  copy  of  the  complaint  and  of  the  summons  must  be  served 
upon  the  treasurer,  or  his  deputy.  At  the  time  the  treasurer  demurs 
or  answers,  he  may  demand  that  the  action  be  tried  in  the  superior 
court  of  the  county  of  Sacramento,  which  demand  must  be  granted. 
The  attorney  general  must  defend  the  action.  The  provisions  of  the 
Code  of  Civil  Procedure  relating  to  pleadings,  proofs,  trials,  and  ap- 
peals are  applicable  to  the  proceedings  herein  provided  for.  A  failure 
to  begin  such  action  within  the  time  herein  specified  shall  be  a  bar 
against  the  recovery  of  such  taxes.     In  any  such  action  the  court  shall 


Act  4065,  §  23a       general  laws.  2172 

have  power  to  render  judgment  for  plaintifif  for  any  part  or  portion 
of  the  tax,  penalties  or  costs  found  to  be  void  and  so  paid  by  plaintiff 
upon  such  assessment.  [Amendment  approved  June  12,  1913;  Stats.  1913, 
p.  623.] 

Reassessment  because  of  invalidity. 

§  23a.  1.  Every  assesment  of  property  made  after  November  8,  1910, 
under  the  provisions  of  section  14,  article  13  of  the  constitution  and 
the  provision  of  this  act  which  is,  or  may  hereafter  be  adjudged  to 
be  invalid  by  reason  of  any  illegality,  invalidity,  or  irregularity,  de- 
clared or  existing,  in  the  assessment  of  such  property,  or  in  the  mode 
pro\i(led  for  the  assessment  thereof,  shall  be  remade  and  the  property 
reassessed  and  equalized  for  each  year  for  which  such  assessment  is 
invalid  as  aforesaid,  and  for  the  year  for  which  the  assessment  of  such 
property  was  invalid  as  aforesaid,  and  such  reassessment  and  equalization 
shall  be  made  Vjv  the  same  oflicers  and  boards,  at  the  same  time  or 
times,  as  are  prescribed  by  law  for  the  assessment  and  equalization 
of  projierty,  of  the  same  classes  or  kinds  as  the  property  which  hereby 
is  required  to  be  reassessed.  The  assessment  and  equalized  assessment 
of  such  property  shall  be  entered  on  the  several  assessment-rolls  or  books 
in  the  same  manner  that  assessments  of  such  property  are  or  were  re- 
quired by  law  to  be  entered  for  the  year  or  jears  for  which  such 
assessments  shall  be  made.  And  there  is  hereby  levied  for  state  pur 
poses  the  same  rates  of  taxation  for  each  of  such  respective  years 
as  were  levied  upon  such  property  for  each  of  said  years  for  said  state 
purposes. 

Reassessment  and  equalization. 

2.  -Ml  jiroperty  authorized  to  be  reassessed  by  this  act  shall  be  re- 
assessed and  equalized  by  the  proper  officers  an«l  boards  at  the  value 
to  which  and  to  the  person  or  corporation  to  whom  or  to  which  such 
property  ought,  for  each  of  such  years,  to  have  been  assessed,  under 
such  rules  of  notice  and  at  the  times  and  in  the  modes  as  are  prescribed 
for  the  assessment  and  equalization  of  like  classes  of  property;  and  the 
assessment  and  equalization  thereof,  and  the  levy  and  collection  of 
taxes  thereunder,  shall  be  made  by  the  proper  officers  at  the  time, 
upon  like  notice  and  in  the  manner  now  or  hereafter  provided  by  law 
for  making  assessments  and  equalizing  the  same,  and  for  the  levy  and 
collection  of  taxes  on  like  classes  of  property;  and  if  the  taxes  so 
relevied  shall  become  delinquent,  there  shall  be  added  thereto  and  the 
amount  thereof  the  same  percentage  as  a  penalty  for  such  delinquency 
as  is  added  to  other  delinquent  taxes  on  like  classes  of.  property;  and 
such  delinquent  taxes  and  penalties  added  thereto  shall  be  collected 
by  the  proper  officers  in  the  manner  now  or  hereafter  provided  by 
law  for  the  collection  of  delinquent  taxes  and  penalties  upon  like 
classes  of  property,  the  collectors  of  such  taxes  to  allow  as  credits 
thereon    all   payments    theretofore    made    on    tlie    tax    as    first    levied. 


2173  TAXATION.  Act  4065,  §24 

No  limitation  as  to  time. 

'.->.  There  shall  be  no  limitation  or  limitations  as  to  the  time  in  which 
actious  for  the  collections  of  taxes  levied  under  this  section  may  be 
(Oinmenced,  and  all  the  provisions  of  law  now  or  hereafter  provided 
in  respect  to  assessments,  equalization,  levy,  and  collection  of  taxes 
shall,  where  applicable,  apply  to  reassessments,  equalization,  and  re- 
levies  and  collections  of  taxes  made  under  the  provisions  of  this  act. 
[New  section  approved  June  12,  1913;  Stats.  1913,  p.  624.] 

Notice  to  delinquent  companies.  Charter  forfeited.  Governor's  proc- 
lamation. Relief  from  forfeiture.  Name  of  revived  company.  Ac- 
tion to  collect  tax.  Attachment. 
§  24.  Within  ten  days  after  the  first  Monday  in  February,  the  con- 
troller shall  send  by  mail  to  the  last  known  address  of  any  company 
whose  taxes  are  delinquent  a  notice  of  the  amount  of  said  taxes,  penal- 
ties, and  costs,  and  that  if  the  said  taxes,  penalties,  and  costs  are  not 
paid  on  or  before  the  Saturday  preceding  the  first  Monday  in  March 
next  thereafter  at  6  o'clock  P.  M.  of  said  day,  the  delinquent  company 
if  it  be  a  domestic  corporation  will  forfeit  its  charter  to  the  state, 
and  that  if  the  delinquent  company  be  a  foreign  corporation  it  will 
forfeit  its  right  to  do  business  in  this  state.  If  the  taxes,  penalties, 
and  costs  are  not  paid  within  the  time  specified  in  said  notice,  the 
controller  shall,  on  said  Saturday  preceding  the  first  Monday  in  March 
at  6  o'clock  P.  M.  of  said  day,  mark  on  the  record  of  assessments  for 
state  taxes  opposite  the  assessment  of  the  delinquent  company  the  words 
"charter  forfeited  to  the  state,"  if  the  delinquent  company  be  a  domestic 
corporation,  and  thereupon  said  charter  shall  be  so  forfeited,  and  if  the 
delinquent  company  be  a  foreign  corporation  the  words  "right  to  do 
business  forfeited"  and  thereupon  said  right  to  do  business  shall  be  so 
forfeited.  He  shall  at  once  report  to  the  secretary  of  state  the  name 
and  number  of  charter  of  each  corporation  whose  charter  or  right  to  do 
business  has  been  forfeited  for  nonpayment  of  taxes,  and  the  secretary 
of  state  shall  at  once  report  the  same  to  the  governor.  The  governor 
shall  forthwith  issue  his  proclamation,  declaring  that  the  charters  of 
such  domestic  corporations  have  been  forfeited  and  the  right  of  such 
foreign  corporations  to  do  business  in  this  state  has  been  forfeited. 
Said  proclamation  shall  be  filed  immediately  in  the  office  of  the  secretary 
of  state,  and  immediately  thereafter  a  copy  of  said  proclamation  shall 
be  published  in  the  manner  provided  by  law  in  one  issue  of  one  daily 
newspaper  of  general  circulation  published  at  the  state  capital,  of  one 
daily  newspaper  of  general  circulation  published  in  the  city  and  county 
of  San  Francisco,  and  of  one  daily  newspaper  of  general  circulation 
published  in  the  city  of  Los  Angeles.  The  secretary  of  state  shall 
thereupon  transmit  a  certified  copy  of  the  proclamation  to  each  county 
clerk  in  this  state,  who  shall  file  the  same  in  his  office.  Any  such  cor- 
poration making  subsequent  payment  of  all  taxes,  penalties,  and  costs 
due   the   state,   and   in   addition   thereto   an   amount   equal   to   the   taxes 


Act  4065,  §24  general  laws.  2174 

levied  under  this  act  for  the  year  in  which  such  forfeiture  occurred, 
for  each  year  subsequent  to  such  forfeiture  and  to  the  time  of  such 
redemption,  shall  be  relieved  of  such  forfeiture,  and  the  controller  shall 
notify  the  secretary  of  state  thereof,  and  the  secretary  of  state  shall 
annually  on  the  first  Monday  in  April  transmit  to  the  county  clerk  of 
each  county  in  this  state  a  list  of  the  corporations  so  paying,  and  which 
have  been  relieved  of  such  forfeiture,  which  list  shall  be  by  said  county 
clerk  filed  in  his  oflSce;  provided,  the  rehabilitation  of  a  corporation 
under  the  provisions  of  this  act  shall  be  without  prejudice  to  any 
action,  defense  or  right  which  accrued  by  reason  of  the  original  for- 
feiture; and  provided,  that  in  case  the  name  of  any  corporation  which 
has  suffered  the  forfeiture  prescribed  in  this  act,  or  a  name  so  closely 
resembling  the  name  of  such  corporation  as  will  tend  to  deceive,  has 
been  adopted  by  any  other  corporation  since  the  date  of  said  forfeiture, 
then  said  corporation  having  suffered  such  forfeiture  shall  be  relieved 
therefrom  pursuant  to  the  terms  of  this  section  only  upon  the  adoption 
by  said  corporation  seeking  revivor  of  a  new  name,  and  in  such  case 
nothing  in  this  act  contained  shall  be  construed  as  permitting  such  cor- 
poration to  be  revived  or  carry  on  any  business  under  its  former  name; 
and  such  corporation  shall  have  the  right  to  use  its  former  name  or 
take  such  new  name  only  upon  filing  an  application  therefor  with  the 
secretary  of  state  and  upon  the  issuing  of  a  certificate  to  such  corpo- 
ration by  the  secretary  of  state  setting  forth  the  right  of  such 
corporation  to  take  such  new  name  or  use  its  former  name,  as  the  case 
may  be;  j>rovided,  however,  that  the  secretary  of  state  shall  not  issue 
any  certificate  permitting  any  corporation  to  t^ke  or  use  the  name  of  any 
corporation  heretofore  organized  in  this  state,  and  which  has  not  suffered 
a  forfeiture  prescribed  by  this  act,  or  to  make  or  use  a  name  so  closely 
resembling  the  name  of  such  corporation  heretofore  organized  in  this 
state  as  will  tend  to  deceive.  The  provisions  of  title  9,  part  3  of  the 
Code  of  Civil  Procedure,  in  so  far  as  they  conflict  with  this  section, 
are  not  applicable  to  corporations  seeking  revivor  under  this  act.  The 
controller  may,  on  or  before  the  thirtieth  day  of  April  ne.Tt  following 
said  delinquency  and  forfeiture,  bring  an  action  in  a  court  of  compe- 
tent jurisdiction  in  the  county  of  Sacramento  in  the  name  of  the  people 
of  the  state  of  California,  to  collect  any  delinquent  taxes,  together  with 
any  penalties,  or  costs,  which  have  not  been  paid  in  accordance  with 
the  provisions  of  this  act  and  appearing  delinquent  upon  the  record 
of  assessments  for  state  taxes  hereinbefore  in  this  act  provided  for. 
The  attorney  general  must  prosecute  such  action,  and  the  provisions  of 
the  Code  of  Civil  Procedure  relating  to  service  of  summons,  pleadings, 
proofs,  trials,  and  appeals  are  applicable  to  the  proceedings  herein 
provided  for.  In  such  action  a  writ  of  attachment  may  be  issued,  and 
no  bond  or  affidavit  previous  to  the  issuing  of  said  attachment  is  re 
quired.  In  the  case  of  companies  whose  charters  or  right  to  do  business 
has  been  forfeited  under  the  provisions  of  this  act,  service  of  summons 
may  be  made  upon  the  persons  now  provided  for  by  law  to  be  served 


2175  TAXATION.  Act  4065,  §§  24a,  25 

as  agents  or  officers  of  any  of  such  companies  and  such  persons  shall  be 
deemed  to  be  the  agents  of  such  companies  for  all  purposes  necessary 
in  order  to  prosecute  such  action.  Payment  of  the  taxes  and  penalties, 
or  amount  of  the  judgment  recovered  in  such  action  must  be  made  to 
the  state  treasurer.  In  such  actions  the  record  of  assessments  for  state 
taxes,  or  a  copy  of  so  much  thereof  as  is  applicable  in  said  action,  duly 
certified  by  the  controller,  or  by  the  secretary  of  the  state  board  of 
equalization,  showing  unpaid  taxes  against  any  company,  person  or 
association  assessed  by  the  state  board  of  equalization,  is  prima  facie 
evidence  of  the  assessment  upon  the  property  and  franchises,  the  de- 
linquency, the  amount  of  the  taxes,  penalties,  and  costs  due  and  unpaid 
to  the  state,  and  that  the  company,  person,  or  association  is  indebted 
to  the  people  of  the  state  of  California  in  the  amount  of  taxes  and 
penalties  therein  appearing  unpaid,  and  that  all  the  forms  of  law  in 
relation  to  the  assessment  and  levy  of  such  taxes  have  been  complied 
with.  [Amendment  approved  February  3,  1913;  Stats.  1913,  p.  7.  In 
effect  immediately.] 

Unlawful  for  companies  which  have  not  paid  tax  to  operate.  Penalty. 
§  24a.  It  shall  be  unlawful  for  any  company,  either  domestic  or 
foreign,  which  has  not  paid  to  the  state  all  taxes,  penalties  and  costs 
as  in  this  act  prescribed  and  levied,  to  exercise  the  powers  of  such 
company,  or  to  transact  any  business  in  this  state,  after  the  Saturday 
preceding  the  first  Monday  in  March  following  its  delinquency.  Each 
and  every  person  exercising  any  of  the  powers  of  such  delinquent 
company  or  transacting  any  business  for  or  in  behalf  of  such  company 
after  the  Saturday  preceding  the  first  Monday  in  March  following  the 
delinquency  of  such  company  as  provided  in  this  act,  except  to  settle 
the  affairs  of  such  company,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than  twenty- 
five  dollars  nor  more  than  one  hundred  dollars  for  each  day  such 
violation  of  the  law  continues,  which  fine  shall  be  paid  into  the  general 
fund  of  the  state  treasury.  [New  section  approved  June  12,  1913;  Stats. 
1913,  p.  625.] 

Powers  and  duties  of  state  board. 

§  25.  In  addition  to  the  powers  and  duties  prescribed  in  the  Political 
Code,  it  is  the  duty  of  the  state  board  of  equalization,  and  the  said  board 
shall  have  power  for  carrying  this  act  into  effect: 

1.  To  prescribe  the  forms  upon  which  ihe  reports  required  by  sections 
9,  12  and  14  of  this  act  shall  be  made. 

2.  "Whenever  deemed  necessary,  to  visit  as  a  board,  or  by  the  indi- 
vidual members  thereof,  or  to  send  its  secretary  or  duly  appointed  repre- 
sentative to  any  portion  of  this  state  for  the  purpose  of  inspecting 
property  and  learning  the  value  thereof,  and  of  collecting  information  to 
enable  it  to  justly  assess  and  levy  the   taxes  provided  for   in   this   act. 

3.  To  call  before  it,  or  any  member  thereof,  or  before  its   secretary 


Act  4065,  §25  general  laws.  2176 

or  duly  appointed  representative  on  such  visit,  any  public  officials,  and 
to  require  them  to  produce  any  public  record,  papers  or  documents  in 
their  custody. 

4.  To  issue  subpoenas  for  the  attendance  of  witnesses  or  the  produc- 
tion of  books  before  the  board,  or  any  member  thereof;  which  subpoenas 
must  be  signed  by  a  member  of  the  board,  and  may  be  served  by  any 
person. 

o.  To  require  any  person  having  knowledge  of  the  business  of  any  of 
the  companies  mentioned  in  section  14  of  article  IS  of  the  constitution 
of  this  state,  or  having  the  custody  of  the  books  and  accounts  of  such 
companies,  to  attend  before  the  board  or  any  member  thereof,  or  before 
the  secretary  or  the  duly  appointed  rejiresentative  of  said  board,  and 
bring  with  him  for  inspection  any  books,  or  papers,  of  such  company  in 
his  possession  or  under  his  control,  and  to  testify  under  oath  touching 
any  matter  relating  to  the  assessment  to  be  made  under  this  act.  A 
member  of  the  board,  its  secretary,  or  duly  appointed  representative  is 
authorized  to  administer  such  oath. 

6.  Said  board  of  equalization  is  hereby  authorized  and  empowered  to 
examine  the  books  and  accounts  of  all  companies  required  by  law  to 
report  to  it,  and  to  employ  an  expert  accountant  or  accountants  to  assist 
in  the  examination  of  the  books  and  accounts  of  any  such  companies 
when  in  the  judgment  of  said  board  the  exigencies  of  the  case  may  so 
require. 

7.  It  shall  be  unlawful  for  any  member  or  ex-member  of  the  state 
board  of  equalization,  or  for  any  agent  employed  by  it,  or  for  the  con- 
troller, or  ex-controller,  or  for  any  person  employed  by  him  or  for  any 
person  who  may  at  any  time  have  obtained  such  knowledge  from  any 
of  the  foregoing  officers  or  jiersons,  to  divulge  or  make  known  in  any 
manner  whatever  not  provided  by  law,  any  of  the  following  items  of 
information  concerning  the  business  affairs  of  companies  reporting  to  the 
said   board: 

(a)  Anj'  information  concerning  the  business  affairs  of  any  company 
which  is  gained  during  an  examination  of  its  books  and  accounts  or  in 
any  other  manner,  and  which  information  is  not  required  to  be  reported 
to  the  state  board  of  equalization  in  the  reports  or  statements  provided 
for  in  paragraphs  numbered  1  to  10  of  section  9  and  paragraphs  num- 
bered 1  to   10  of  section  14  of  this  act. 

(b)  Any  information,  other  than  the  assessment  and  the  amount  of 
taxes  levied,  obtained  by  the  state  board  of  equalization  in  accordance 
with  the  provisions  of  this  act,  from  any  company  other  than  any  of 
those  enumerated  in  sections  2,  3  and  4  of  this  act. 

(c)  Any  particular  item  or  items  of  information  relating  to  the  dispo- 
sition of  its  earnings  contained  in  the  report  of  a  quasi-public  corpora- 
tion which  any  such  corporation  may,  by  written  communication  specify- 
ing the  items  and  presented  at  the  time  when  it  files  its  report,  request 
shall  be  treated  as  confidential. 


'zni  TAXATION.  Act  4065,  §§  26, 27 

Provided,  however,  that  if  the  governor  shall  direct  that  any  of  the 
information  herein  referred  to  be  made  public,  then  it  shall  no  longer 
be  unlawful  to  divulge  or  make  known  the  same. 

Any  violation  of  the  provisions  of  this  subdivision,  shall  be  a  misde- 
meanor, and  shall  be  punished  by  a  fine  not  exceeding  five  hundred 
dollars,  or  by  imprisonment  not  exceeding  six  months,  or  both,  at  the 
discretion   of  the   court. 

County  auditors  to  report  assessments  of  real  estate  of  banks.  State 
board  to  equalize  such  assessments.  Equalized  value. 
§  26.  On  the  second  Monday  in  August  of  each  year  the  auditor  of 
each  county  must  report  to  the  state  board  of  equalization,  in  addition 
to  the  items  required  to  be  so  reported  by  him  under  section  3728  of 
the  Political  Code,  the  value  of  each  piece  of  real  estate  other  than 
mortgage  interests  therein  belonging  to  each  bank  in  his  county  as 
assessed  and  equalized  for  purposes  of  county  taxation.  Whenever  the 
state  board  of  equalization  is  satisfied  after  investigation  that  any 
county  assessor,  or  board  of  equalization,  has  assessed  any  real  estate 
belonging  to  any  bank  above  its  full  cash  value  and  has  thereby  unjustly 
reduced  the  amount  of  taxes  due  the  state  from  said  bank,  said  state 
board  shall,  under  such  rules  of  notice  to  the  clerk  of  the  board  of 
supervisors  of  the  county  affected  thereby  as  the  said  state  board  shall 
deem  reasonable,  equalize  the  assessed  value  of  such  real  estate  and  shall 
upon  completion  of  said  equalization  issue  an  order  to  said  assessor  or 
board  of  equalization  and  to  the  county  auditor  of  the  county  in  which 
said  real  estate  is  located,  fixing  the  assessed  value  of  said  real  estate. 
The  value  so  equalized  and  fixed,  and  no  other,  shall  be  deemed  the 
value,  as  assessed  for  county  taxes,  of  such  real  estate,  and  the  sole 
basis  of  taxation  upon  such  real  estate  for  county  taxes.  A  copy  of 
the  order  certified  by  the  secretarj^  of  the  state  board  of  equalization 
shall  be  prima  facie  evidence  of  the  regularity  of  all  proceedings  of  the 
board  resulting  in  the  action  which  is  the  subject  matter  of  the  order. 

State  board  to  equalize  assessments  of  real  estate  of  insurance  companies. 
Equalized  value. 
§  27.  The  state  board  of  equalization  shall  immediately  after  the 
county  and  city  assessments  have  been  completed,  ascertain  the  value  of 
any  real  estate  belonging  to  an  insurance  company  as  assessed  and  equal- 
ized for  purposes  of  county  and  of  city  taxation.  Whenever  the  state 
board  of  equalization  is  satisfied  after  investigation  that  any  county, 
city  and  county,  city,  or  district  assessor,  or  board  of  equalization,  has 
assessed  any  real  estate  belonging  to  any  insurance  company  above  its 
full  cash  value  and  has  thereby  unjustly  reduced  the  amount  of  taxes  due 
the  state  from  said  insurance  company,  said  state  board  shall,  under  such 
rules  of  notice  to  the  clerk  of  the  board  of  supervisors  of  the  county 
or  the  proper  officer  of  the  city  affected  as  the  board  shall  deem  reason- 
able, equalize  the  assessed  value  of  such  real  estate  and  shall,  upon  the 
137 


Act  4065,  §  28  general  laws.  2178 

completion  of  said  equalization,  issue  an  order  to  said  assessor  or  board 
of  equalization  and  to  the  county,  city  and  county,  city,  or  district 
auditor  or  clerk  of  the  county,  city  and  county,  city,  or  district  in  which 
said  roal  estate  is  located,  fixing  the  assessed  value  of  said  real  estate. 
The  value  so  equalized  and  fixed,  and  no  other,  shall  be  deemed  the 
value,  as  assessed  for  county,  city  and  county,  city,  or  district  taxes,  of 
such  real  estate,  and  the  sole  basis  of  taxation  upon  such  real  estate, 
for  county,  municipal  and  district  taxes.  A  copy  of  the  order  certified 
by  the  secretary  of  the  state  board  of  equalization  shall  be  prima  facie 
evidence  of  the  regularity  of  all  proceedings  of  the  board  resulting  in 
the  action   which  is  the  subject  matter   of  the  order. 

Assessors  to  segregate  on  assessment-roll.     Duplicate  to  be  sent  to  state 
board.     State  board  to  equalize  assessments  made  for  bond  purposes. 
Tax  rate  for  bonds  to  be  separate.     Same  rate  for  all  property  for 
bond  purposes. 
§  28.     Each  county,  city  and  county,  city,  and  district  assessor   must 
segregate  on  his  assessment-roll,  as  directed  by  the  state  board  of  equal- 
ization: 

1.  The  assessments  made  by  the  state  board  of  equalization,  and 
apportioned  to  the  county,  city  and  county,  city,  town,  township,  or  dis 
trict,  upon  the  franchises,  roadway,  roadbed,  rails  and  rolling  stock  of 
all  railroads  operated  in  more  than  one  county  in  this  state  under  the 
provisions  of  the  Political  Code  as  the  same  existed  and  were  in  force 
on  the  seventh  day  of  November  in  the  year  1910;  and 

2.  The  assessments  made  by  said  assessors  of  any  other  property 
enumerated  in  subdivisions  (a),  (b)  and  (d)  of  section  14  of  article  13 
of  the  constitution  of  this  state,  which  is  located  in  the  county,  or  city 
and  county,  or  any  city,  town,  township,  or  district  in  which  it  is  subject 
to  taxation  for  paying  the  principal  and  interest  of  any  bonded  indebt- 
edness created  and  outstanding  by  any  city,  city  and  county,  county, 
town,  township,  or  district  prior  to  the  eighth  day  of  November  in  the 
year  1910,  as  provided  in  subdivision  (e)  of  section  14  of  article  13  of  the 
constitution  of  this  state. 

Immediately  upon  completion  of  the  assessment  and  equalization  of 
property  for  the  purposes  of  taxation  in  each  year  the  amlitor  or  clerk 
of  each  county,  city  and  county,  city,  town,  or  district  must  transmit 
to  the  state  board  of  equalization  a  duplicate  of  that  part  of  the  assess- 
ment-roll containing  the  assessments  and  apportionments  referred  to  in 
paragraphs  1  and  2  of  this  section. 

Whenever  the  state  board  of  equalization  is  satisfied  after  investiga- 
tion, that  any  county,  city,  or  other  assessor,  or  board  of  equalization, 
has  assessed  for  taxation  to  pay  the  principal  and  interest  of  any  bonded 


2179  TAXATION.  'Act  4065,  §  28 

indebtedness  created  and  outstanding  by  any  county,  city  and  county, 
city,  town,  township,  or  district  prior  to  the  eighth  day  of  November 
in  the  year  1910,  as  provided  in  subdivision  (e)  of  section  14  of  article  13 
of  the  •constitution  of  this  state,  any  of  the  property  taxed  exclusively  for 
state  purposes  as  provided  in  subdivisions  (a),  (b)  and  (d)  of  section  14 
of  article  13  of  the  constitution  of  this  state,  or  has  assessed  for  purposes 
of  county,  city  and  county,  city,  or  district  taxation  the  property  other 
than  the  franchise  of  any  company  taxable  for  a  franchise  under  subdivi- 
sion (d)  of  said  section  and  article  of  the  constitution^  above  its  full  cash 
value  and  has  thereby  unjustly  reduced  the  amount  of  taxes  due  the  state 
on  siu'h  property,  said  state  board  shall,  under  such  rules  of  notice  to  the 
dork  of  the  board  of  supervisors  of  the  county,  or  city  and  county,  or  to 
the  city  clerk  of  the  city,  affected  thereby  as  the  board  shall  deem  reason- 
able, equalize  the  assessed  value  of  such  property,  and  shall  issue  an 
order  to  said  assessor  or  board  of  equalization  and  to  the  county  or  city 
auditor  or  clerk  of  the  county,  city  and  county,  or  city  in  which  the 
property  is  located,  fixing  the  assessed  value  of  such  property.  The  value 
so  equalized  and  assessed,  and  no  other,  shall  be  deemed  the  value  of 
said  property,  and  its  assessment  for  taxes  levied  to  pay  the  principal 
and  interest  of  any  such  outstanding  bonded  indebtedness,  and  in  the 
case  of  companies  taxable  for  a  franchise  under  said  subdivision  (d)  of 
said  section  and  article  of  the  constitution  shall  be  deemed  the  value  of 
the  said  property,  and  its  assessment  for  taxes  for  county,  city  and 
county,  municipal  and  district  purposes. 

When  making  the  tax  levy  and  fixing  the  rates  of  taxation  for  county, 
city  and  county,  city,  town,  township,  or  district  purposes,  the  board  of 
supervisors  of  any  county,  or  city  and  county,  and  the  corresponding 
authority  in  any  city,  having  bonded  indebtedness  issued  and  outstand- 
ing on  the  eighth  day  of  November  in  the  year  1910,  shall  fix  the  tax  rate 
for  such  bonded  indebtedness  separate  and  apart  from  all  other  tax  rates, 
whether  for  subsequent  bonded  indebtedness  or  for  other  purposes. 

The  county,  city  and  county,  or  city  auditor  or  clerk  shall  extend  on 
the  assessment-roll  against  the  assessments  segregated  as  herein  provided, 
the  taxes  necessary  to  pay  the  principal  and  interest  of  said  bonded 
indebtedness  at  the  same  rate  as  said  taxes  for  payment  of  principal  and 
interest  of  said  outstanding  bonded  indebtedness  shall  be  levied  upon 
the  other  classes  of  property  within  the  same  county,  city  and  county, 
city,  town,  township,  or  district,  and  the  amount  of  each  such  taxes  shall 
be  certified  by  said  auditor  or  clerk  to  the  controller  and  the  amount  so 
certified  shall  then  be  credited  by  the  controller  to  the  county,  city  and 
county,  city,  town,  township,  or  district  to  which  it  is  due;  and  said 
amount  shall  be  paid  by  said  controller  to  the  treasurer  of  such  county, 
or  city  and  county  as  provided  in  section  29  of  this  act,  and  upon  such 


Act  4065,  §  29  general  laws.  2180 

payment  said  treasurer  shall  forthwith  certify  such  fact  to  the  tax 
collector  who  shall  thereupon  mark  upon  the  assessment-roll  the  date  of 
payment  and  the  words  '"paid  by  the  state  treasurer."  The  city  clerk 
or  auditor  shall  in  the  certificate  mentioned  in  this  paragraph  also  state 
the  date  when  taxes  in  such  city  shall  become  delinquent. 

State  to  pay  part  of  principal  and  interest  of  outstanding  bond  debts. 
Controller  to  settle  in  October  and  March.  Excess  paid  by  state. 
§  29.  The  controller  shall  out  of  the  taxes  collected  by  him  as  pro- 
vided in  this  act  credit  to  the  fund  created  by  an  act  of  the  thirty-ninth 
session  of  the  legislature  entitled:  "An  act  appropriating  money  for  the 
purpose  of  payment  of  that  part  of  the  principal  and  interest  of  any 
bonded  indebtedness  created  and  outstanding  by  any  city,  city  and 
county,  county,  town,  township  or  di.strict  on  the  eighth  day  of  November 
in  the  year  1910,  which  is  provided  for  in  section  14  of  article  13  of  the 
constitution  of  this  state,  and  as  provided  in  an  act  of  the  thirty-ninth  ses- 
sion of  the  legislature  entitled  'An  act  to  carry  into  effect  the  provisions 
of  section  14  of  article  13  of  the  constitution  of  the  state  of  California,  as 
said  constitution  was  amended  November  8,  1910,  providing  for  the  separa- 
tion of  state  from  local  taxation,  and  providing  for  the  taxation  of  public 
service  and  other  corporations  for  the  benefit  of  the  state,  all  relating  to 
revenue  and  taxation,'  "  the  money  due  to  each  county,  city  and  county, 
city,  town,  township,  or  district  on  account  of  taxes  to  pay  the  principal 
and  interest  of  any  bonded  indebtedness  created  and  outstanding  by  any 
city,  city  and  county,  county,  town,  township  or  district,  on  the  eighth  day 
of  November  in  the  year  1910.  The  controller  shall  in  the  months  of 
October  and  March  in  each  year  settle  with  the  treasurer  of  each  county 
and  city  and  county  for  the  money  collected  by  said  controller  under 
this  section,  for  the  moneys  due  said  county  or  city  and  county  and 
the  townships  and  districts  within  such  county  or  city  and  county,  in 
the  same  manner  as  settlements  are  made  between  the  county  or  city 
and  county  treasurers  and  the  controller  as  provided  for  in  section  3Sti6 
of  the  Political  Code.  The  controller  shall  at  the  same  times,  settle 
with  each  city  and  town  for  the  moneys  due  such  city  or  town  for  the 
purposes  mentioned  in  this  section,  and  when  ready  for  such  settle- 
ment shall  notif}'^  the  city  or  town  treasurer  of  the  amount  of  money 
due  the  city  or  town  for  said  purposes,  and  that  upon  receipt  of 
proper  authority  so  to  do,  he  will  forward  to  said  city  or  town  treasurer 
a  warrant  for  the  amount  thereof;  provided,  however,  that  upon  receipt 
of  notice  from  any  such  city  or  town  treasurer  that  any  bond  issue  ma 
tures  for  principal  or  interest  before  the  date  of  such  settlement,  which 
notice  shall  state  the  amount  thereof  due  from  the  state  and  the  date  of 
maturity,  and  that  said  amount  due  from  the  state  is  required  in  order 
to  pay  the  same,  the  said  controller  must,  before  said  date  of  maturity, 
forward  his  warrant  to  such  city  or  town  treasurer  in  the  manner  above 
provided  for  the  amount  ascertained  by  him  to  be   due.     The   treasurer 


2181'  TAXATION.  Act  4065,  §§  30-33 

of  the  county  or  city  and  county  shall  forthwith,  upon  receipt  by  him 
of  the  moneys  so  hereinbefore  directed  to  be  paid  by  said  controller, 
credit  the  amount  so  received  by  him  to  the  county,  city  and  county, 
township  or  district,  respectively  entitled  thereto,  and  pay  the  same  in 
the  manner  provided  by  law. 

Any  excess  paid  by  the  controller  to  a  county,  city  and  county,  city, 
town,  or  to  a  county  or  city  and  county  or  any  township  or  district,  over 
and  above  the  state's  share  of  the  amount  actually  expended  by  such 
county,  city  and  county,  city,  town,  township  or  district,  to  pay  the  in- 
terest and  principal  of  said  bonded  indebtedness  in  any  year,  shall  be 
repaid  to  the  state  in  such  manner  as  the   controller   shall   direct. 

State  to  reimburse  counties. 

§  30.  Until  the  year  1918  the  state  shall  reimburse  any  and  all  counties 
which  sustain  loss  of  revenue  by  the  withdrawal  of  railroad  property  from 
county  taxation  for  the  net  loss  in  county  revenue  occasioned  by  the  with- 
drawal of  railroad  property  from  county  taxation  in  the  manner,  at  the 
times,  and  in  the  amounts  specified  in  an  act  of  the  thirty-ninth  session  of 
the  legislature  entitled  "An  act  to  provide  for  the  reimbursement  of  coun-' 
ties  in  this  state  which  sustain  net  loss  of  revenue  by  the  withdrawal  of 
railroad  property  from  county  taxation,  under  the  provisions  of  section  14 
of  article  13  of  the  constitution  of  this  state." 

State  not  to  pay  county  treasurers'  expenses. 

§  31.  The  provisions  of  section  3S76  of  the  Political  Code  shall  not 
apply  to  the  settlements  made  with  the  state  treasurer  under  sections 
29  and  30  of  this  act,  but  the  county  board  of  supervisors  may  if  it  deem 
necessary  allow  the  county  treasurer  the  actual  expenses  incurred  in 
collecting  the  money  due  the  county  from  the   state. 

Counties  to  reimburse  loss  to  districts. 

§  32.  The  board  of  supervisors  of  each  county  shall  in  the  month  of 
September  of  each  year  determine  the  amount  of  loss  to  each  district  in 
the  county  where  loss  is  occasioned  in  such  district  by  the  withdrawal 
from  local  taxation  of  property  taxed  for  state  purposes  only,  and  in  the 
month  of  December  next  thereafter  shall  reimburse  such  district  from 
the  general  funds  of  the  county  for  one-half  of  such  loss,  and  in  the 
month  of  May  next  thereafter  shall  reimburse  such  district  from  the 
general  fund  of  the  county  for  the  remaining  one-half  of  such  loss. 

All  property  in  state  subject  to  deficiency  tax. 

§  33.  Any  tax  required  to  be  levied  for  state  purposes  as  provided  in 
subdivision  (e)  of  section  14  of  article  13  of  the  constitution  as  amended 
the  eighth  day  of  November  in  the  j'ear  1910,  to  meet  any  deficiency  in  the 
state  revenue  shall  be  assessed,  levied  and  collected  on  all  property  in  the 
state,  not  exempt  from  taxation,  including  the  classes  of  property  enum- 
erated in  this  act,  under  the  provisions  of  the  Political  Code  relating  to  the 


Act  4065,  §§  34, 35  general  laws.  "  2182 

assessment,  levy  and  collection  of  state  and  county  taxes  as  said  provisions 
were  in  force  on  the  seventh  day  of  November  in  the  year  1910. 

Prior  laws  not  repealed  for  certain  purposes. 

§  34.  Nothing  in  this  act  shall  be  construed  as  repealing  any  laws  in 
force  prior  to  the  eighth  day  of  November  in  the  year  1910,  relating  to 
taxation,  in  so  far  as  said  laws  may  be  necessary  for  the  assessment, 
levy,  and  collection  of  state,  county,  city  and  county,  municipal  or  dis- 
trict taxes,  or  in  so  far  as  said  laws  may  be  necessary  for  the  assessment, 
levy  and  collection  of  the  taxes  provided  for  in  section  22  of  article  4  of 
the  constitution  as  amended  on  the  eighth  day  of  November  in  the  year 
1910;  or  in  so  far  as  said  laws  may  be  necessary  for  the  assessment,  levy 
and  collection  of  the  taxes  for  state  purposes,  on  all  the  property  in  the 
state,  not  exempt  from  taxation,  to  meet  a  deficiency  in  the  revenues  for 
the  support  of  the  state  government,  or  to  pay  the  principal  and  interest 
of  any  bonded  indebtedness  created  and  outstanding  by  any  city,  city 
and  county,  county,  town,  township,  or  district,  both  as  provided  in  sub- 
division (e)  of  section  14  of  article  13  of  the  constitution  as  amended 
on  the  eighth  day  of  November  in  the  year  1910. 

Rates  changed.     Rates  fixed  after  public  hearing. 

§  35.  In  so  far  as  the  rates  of  taxation  upon  the  property  and  fran- 
chises described  and  enumerated  in  section  14  of  article  13  of  the 
constitution  of  the  state  of  California  and  in  section  1  of  the  act  of 
which  this  act  is  in  part  amendatory,  differ  from  the  rates  of  taxation 
upon  such  property  and  franchises  as  fixed  and  defined  by  this  act,  it  is 
hereby  declared  to  be  the  intent  and  purpose  of  the  legislature,  two- 
thirds  of  all  the  members  elected  to  each  of  the  two  houses  voting  in 
favor  thereof,  by  virtue  of  the  authority  conferred  upon  the  legislature 
by  subdivision  (f)  of  section  14  of  article  13  of  the  constitution  to 
change  the  rates  of  taxation  heretofore  fixed  and  imposed  by  said  section 
of  the  constitution  and  enumerated  and  specified  in  the  act  of  which  this 
act  is  amendatory  to  the  rates  fixed,  determined,  established  and  set 
forth  by  and  in  this  act. 

This  tax  levy,  and  each  and  every  of  the  percentages  or  rates  of  tax- 
ation herein  and  hereby  determined,  made,  fixed  and  established  to  be 
paid  by  the  jiersons,  firms,  companies  and  corporations  specified,  de- 
scribed or  included  in  section  14  of  article  13  of  the  constitution,  are 
and  have  been  determined,  made,  fixed  and  established  after  a  full, 
complete,  open  and  public  investigation  and  hearing  by  and  before  this 
legislature  upon  and  respecting  the  value  of  each  and  all  of  the  prop- 
erties and  franchises  included  within  or  enumerated  in  section  14  of 
article  13  of  the  constitution,  and  of  all  other  and  different  property 
subject  to  taxation  of  any  kind  within  the  state  of  California,  of  which 


2183'  TAXATION.  Act  4066 

investigation  and  hearing  every  and  all  persons,  firms,  companies  and 
corporatious  concorned  therein  or  affected  thereby  had  due  notice;  and 
at  which  investigation  and  hearing  the  legislature  took  oral  and  written 
evidence  and  at  which  hearing  every  and  all  persons,  firms,  companies 
and  corporations  concerned  therein  or  affected  thereby  and  who  desired 
so  to  do,  were  given  an  opportunity  to  and  did  appear  and  were  heard 
and  introduced  evidence  before  this  legislature  respecting  and  showing 
the  value  of  said  properties  and  franchises  included  within  or  enum- 
erated in  said  section  14  of  article  13  of  the  constitution  and  also 
respecting  and  showing  the  value  of  all  other  and  different  property 
subject  to  taxation  of  any  kind  within  the  state  of  California,  and 
after  the  due  consideration  of  all  of  said  evidence  by  this  legislature 
and  its  ascertainment  and  determination  therefrom  and  thereon  of  the 
value  of  said  and  all  of  said  hereinbefore  mentioned  properties  and 
franchises;  and  the  percentages  or  rates  of  taxation  herein  and  hereby 
determined,  fixed  and  established  have  been  and  are  determined,  fixed 
and  established,  and  have  been  and  are  based,  upon  the  value  of  each, 
all  and  every  of  the  properties  and  franchises  included  within  or  enum- 
erated in  said  section  1-4  of  article  13  of  the  constitution  as  ascertained 
and  determined  as  aforesaid  by  this  legislature  and  constitute  and  are 
the  percentages  or  rates  of  taxation  ascertained  and  determined  by  this 
legislature  which  when  applied  in  the  manner  provided  and  required  by 
law,  do  and  will  levy  a  tax  upon  said  properties  and  franchises  in- 
cluded within  or  enumerated  in  said  section  14  of  article  13  of  the 
constitution  in  proportion  to  the  value  of  the  same  and  in  proportion  to 
the  value  of  every  and  all  other  and  different  property  subject  to  tax- 
ation of  any  kind  within  the  state  of  California  as  ascertained  and  de- 
termined as  aforesaid  by  this  legislature.  [Amendment  approved 
February  3,  1913;  Stats.  1913,  p.  9.] 

This  act,  inasmuch  as  it  provides  for  a  tax  levy,  shall,  under  the  pro- 
visions of  section  1  of  article  4  of  the  constitution,  take  effect  im- 
mediately. 

ACT  4066. 

An  act  to  carry  into  effect  the  provisions  of  subdivision  (e)  of  section 
14  of  article  13  of  the  constitution  of  the  state  of  California  as  the 
said  article  was  amended  on  the  eighth  day  of  November  in  the  year 
1910,  in  so  far  as  the  same  relates  to  the  state  university;  and  also  to 
provide  for  the  permanent  support  and  improvement  of  the  University 
of  California;  and  to  that  end  making  a  continuing  appropriation  and 
creating  an  annual  fund  therefor;  and  repealing  an  act  entitled:  "An 
act  to  provide  for  the  permanent  support  and  improvement  of  the 
University  of  California  by  the  levy  of  a  rate  of  taxation   and  the 


Act  4066,  §§  1-3  GENERAL   LAWS.  21S4 

creation  of  a  fund  therefor,  and  to  repeal  an  act  approved  February 
14,  1887,  entitled:  'An  act  to  provide  for  the  permanent  support  and 
improvement  of  the  University  of  California  by  the  levy  of  a  rate  of 
taxation  and  the  creation  of  a  fund  therefor,'  and  also  to  repeal  an 
act  approved  February  27,  1897,  entitled  'An  act  to  provide  additional 
support  and  maintenance,  and  for  the  acquisition  of  necessary  property 
and  improvements  of  the  University  of  California,  by  the  levy  of  a 
rate  of  taxation,  and  the  creation  of  a  fund  therefor,'  "  approved 
March  20,  1909. 

[Approved  April  25,  1911.     Stats.  1911,  p.  1104.] 

State  university  fund  created. 

§  1.  In  order  to  carry  into  eflFcct  the  provisions  of  subdivision  (e)  of 
section  14  of  article  13  of  the  constitution  of  the  state  of  California, 
as  the  said  article  was  amended  on  the  eighth  day  of  November  in  the 
year  1910,  in  so  far  as  the  same  relates  to  the  state  university,  and  to 
provide  for  the  permanent  support  and  improvement  of  the  University  of 
California,  there  is  hereby  created  an  annual  fund,  to  be  called  "the  state 
university  fund."  Said  fund  for  the  sixty-third  fiscal  year  shall  be  equal 
to  but  not  more  than  seven  per  cent  in  excess  of  the  amount  received  by 
the  university  under  the  provisions  of  chapter  329  of  the  statutes  of  1900 
for  the  fiscal  year  ending  June  30th  in  the  year  1911;  and  provided, 
further,  that  such  fund  for  each  of  the  sixty-fourth,  sixty-fifth  and  sixty- 
sixth  fiscal  years  shall  be  equal  to  but  not  more  than  seven  per  cent  in 
excess  of  the  amount  received  by  the  university  under  this  act  for  the 
immediately  preceding  respective  fiscal  year. 

Treasurer  to  transfer  funds. 

§  2.  The  state  treasurer  shall  each  year  transfer  from  the  revenues 
from  the  taxes  provided  for  in  section  14  of  article  13  of  the  constitu- 
tion of  this  state  as  paid  article  was  amended  on  the  eighth  day  of  No- 
vember in  the  year  1910,  together  with  all  other  state  revenues,  to  the 
separate  fund  created  by  section  1  of  this  act,  to  be  called  the  "state 
university  fund,"  the  amount  of  money  provided  for  under  the  provisions 
of  this  act. 

Fund  appropriated  without  reference  to  fiscal  years. 

§  3.  The  money  paid  into  the  said  "state  university  fund"  is  hereby 
appropriated,  without  reference  to  fiscal  years,  for  the  use  and  support 
of  the  University  of  California,  and  is  exempted  from  the  provisions  of 
part  3,  title  1,  article  18,  of  an  act  entitled  "An  act  to  establish  a  Political 
Code,"  approved  March  12,  1872,  relating  to  the  board  of  examiners. 
When  there  is  any  money  in  the  said  fund,  the  same  may  be  drawn  out 
upon  the  order  of  the  board  of  regents  of  the  University  of  California,  or 
such  officers  of  the  board  as  may  be  duly  authorized  thereto.  Upon  the 
receipt  of  the  order,  the  controller  must  draw  his  warrant  upon  the  state 
treasurer,  payable  to  the  order  of  the  treasurer  of  the  University  of  Cali- 
fornia, out  of  the  said  "state  university  fund." 


2185  TAXATION.  Act  4067,  §  1 

Disposition  of  funds. 

§  -i.  The  inonc.v  derived  from  said  fund  must  be  applied  only  to  the 
support  and  permanent  improvement  of  the  university;  provided,  how- 
ever, that  not  less  than  one-fourth  of  the  said  "state  university  fund" 
shall,  until  the  close  of  the  seventy-first  fiscal  year,  be  placed  in  a  fund 
to  be  known  and  designated  as  the  permanent  building  fund  and  which 
said  fund  must  be  devoted  solely  to  the  purposes  of  buildings  and  pro- 
viding permanent  improvements  for  the  university.  The  board  of  re- 
gents must  include  in  its  biennial  report  to  the  governor  the  statement 
of  the  manner  and  for  what  purpose  all  of  the  moneys  referred  to  and 
raised  under  this  act  were  expended. 

Repealed. 

§  5.  An  act  entitled  "An  act  to  provide  for  the  permanent  support 
and  improvement  of  the  University  of  California  by  the  levy  of  a  rate  of 
taxation  and  the  creation  of  a  fund  therefor,  and  to  repeal  an  act  ap- 
proved February  14,  1887,  entitled  'An  act  to  provide  for  the  permanent 
support  and  improvement  of  the  University  of  California  by  the  levy  of 
a  rate  of  taxation  and  the  creation  of  a  fund,  therefor,'  and  also  to  re- 
peal an  act  approved  February  27,  1887,  entitled  'An  act  to  provide 
additional  support  and  maintenance,  and  for  the  acquisition  of  necessary 
property  and  improvements  of  the  University  of  California,  by  the  levy 
of  a  rate  of  taxation,  and  the  creation  of  a  fund  therefor,'  "  approved 
March  20,  1909,  is  hereby  repealed.  This  act  shall  not  be  construed  as 
in  any  way  repealing  or  amending  any  other  existing  law  which  provides 
for  the  support,  maintenance  or  improvement  of  the  state  university. 

§  6.     This   act   shall   take   effect   immediately. 

ACT  4067. 

An  act  to  provide  for  the  reimbursement  of  counties  in  this  state,  which 
sustain  net  loss  of  revenue  by  the  withdrawal  of  railroad  property 
from  county  taxation,  under  the  provisions  of  section  14  of  article 
13  of  the  constitution  of  this  state. 

[Approved  April  26,  1911.     Stats.  1911,  p.  1133.] 

Appropriation:  Eeimbursement  of  counties  for  loss  of  railroad  taxes. 

§  1.  There  is  hereby  appropriated  out  of  any  money  in  the  state 
treasury  not  otherwise  appropriated,  for  each  fiscal  year  hereafter  to  and 
including  the  fiscal  year  ending  June  30,  1918,  the  sum  of  one  hundred  and 
thirty  thousand  eight  hundred  and  ninety-seven  dollars  for  the  purpose  of 
reimbursement  of  counties  in  this  state  which  sustain  net  loss  of  revenue 
by  the  withdrawal  of  railroad  property  from  county  taxation  under  the 
provisions  of  section  14  of  article  13  of  the  constitution  of  this  state,  and 
as  provided  in  section  30  of  an  act  of  the  thirty-ninth  session  of  the  legis- 
lature entitled,  "An  act  to  carry  into  effect  the  provisions  of  section  14 


Act  4067a  general  laws.  2186 

of  article  13  of  the  constitution  of  the  state  of  California  as  said  con- 
stitution was  amended  November  S,  1910.  providing  for  the  separation 
of  state  from  local  taxation,  and  providing  for  the  taxation  of  public 
service  and  other  corporations  for  the  benefit  of  the  state,  all  relating 
to  revenue  and  taxation." 

Counties. 

§  2.  The  counties  which  sustain  net  loss  of  revenue,  by  the  with- 
drawal of  railroad  property  from  county  taxation  under  the  provisions  of 
section  14  of  article  1.3  of  the  constitution  of  this  state  are  the  coun- 
ties of  Imperial,  Madera,  Nevada,  Placer,  San  Bernardino,  Siskiyou,  and 
Yuba,  and  the  amount  of  net  loss  of  revenue  which  said  counties  sustain 
by  the  withdrawal  of  railroad  propertv  from  county  taxation  is  as  fol- 
lows: Imperial,  $21,054;  Madera,  $2,478;  Nevada,  $5,861;  Placer,  $36,304; 
San   Bernardino,  $52,987;   Siskiyou,  $5,045;    Yuba,   $7,172. 

§  3.  The  controller  is  hereby  directed  to  draw  his  warrant  in  favor 
of  each  of  said  counties  for  the  amount  of  net  loss  of  revenue  to  said 
counties  respectively,  in  equal  installments  at  the  time  and  in  the  man- 
ner provided  for  settlement  between  treasurers  of  the  counties  or  cities 
and  counties  and  the  state  controller,  by  section  3866  of  the  Political 
Code  and  as  is  required  by  the  provisions  of  section  30  of  an  act  of  the 
thirty-ninth  session  of  the  legislature  entitled,  "An  act  to  carry  into 
effect  the  provisions  of  section  14  of  article  13  of  the  constitution  of 
the  state  of  California  as  said  constitution  was  amended  November  8, 
J910,  providing  for  the  separation  of  state  from  local  taxation,  and  pro- 
viding for  the  taxation  of  public  service  and  other  corporations  for  the 
benefit  of  the  state,  all  relating  to  revenue  and  taxation"  and  the  state 
treasurer  is  directed  to  pay  the  same. 

§  4.     This  act  shall  take  effect  immediately. 

ACT  4G67a. 

An  act  appropriating  money  for  the  purpose  of  payment  of  that  part  of 
the  jirincipal  and  interest  of  any  bonded  indebtedness  created  and  out- 
standing by  any  city,  city  and  county,  county,  town,  township  or  dis- 
trict, on  the  eighth  day  of  November  in  the  year  1910  which  is  provided 
in  section  14  of  article  13  of  the  constitution  of  this  state  and  as  pro- 
vided in  an  act  of  the  thirty-ninth  session  of  the  legislature  entitled 
"An  act  to  carry  into  effect  the  provisions  of  section  14  of  article  13  of 
the  constitution  of  the  state  of  California  as  said  constitution  was 
amended  November  8,  1910,  providing  for  the  separation  of  state 
from  local  taxation,  and  providing  for  the  taxation  of  public  ser- 
vice and  other  corporations  for  the  benefit  of  the  state,  all  relating 
to  revenue  and  taxation." 

[Approved  June  7,  1913.     Stats.   1913,  p.  916.] 


2187  TAXATION.  Act  4067b,  §  1 

Appropriation:  Indebtedness  account  separation  of  taxes.  When  avail- 
able. 
§  1.  There  is  hereby  appropriated  out  of  any  money  not  otherwise 
appropriated  the  sum  of  one  million  four  hundred  thousand  dollars  for 
the  purpose  of  payment  of  that  part  of  the  principal  and  interest  of  any 
bonded  indebtedness  created  and  outstanding  by  any  city,  city  and 
county,  county,  town,  township  or  district,  on  the  eighth  day  of  Novem- 
ber in  the  year  1910,  as  is  provided  in  section  14  of  article  13  of  the 
constitution  of  this  state  and  as  provided  in  an  act  of  the  thirty-ninth 
session  of  the  legislature  entitled  "An  act  to  carry  into  effect  the  pro- 
visions of  section  14  of  article  13  of  the  constitution  of  the  state  of 
California  as  said  constitution  was  amended  November  8,  1910,  provid- 
ing for  the  separation  of  state  from  local  taxation,  and  providing  for  the 
taxation  of  public  service  and  other  corporations  for  the  benefit  of  the 
state,  all  relating  to  revenue  and  taxation,"  and  of  said  moneys  hereby 
appropriated,  the  sum  of  seven  hundred  thousand  dollars  shall  become 
available  July  1,  1913,  and  the  sum  of  seven  hundred  thousand  dollars 
shall  become  available  July  1,  1914. 

§  2.  The  state  controller  is  hereby  directed  to  draw  his  warrant  for 
said  sum,  or  so  much  thereof  as  may  be  necessary  for  said  fiscal  years, 
in  the  manner  and  at  the  times  and  as  is  required  by  the  provisions  of 
section  29  of  an  act  of  the  thirty-ninth  session  of  the  legislature  en- 
titled "An  act  to  carry  into  effect  the  provisions  of  section  14  of 
article  13  of  the  constitution  of  the  state  of  California  as  said  con- 
stitution v/as  amended  November  S,  1910,  providing  for  the  separation 
of  state  from  local  taxation,  and  providing  for  the  taxation  of  public 
service  and  other  corporations  for  the  benefit  of  the  state,  all  relating 
to  revenue  and  taxation,"  and  the  state  treasurer  is  hereby  directed  to 
pay  the  same.  ^ 

Former   act:    See    Stats.    1911,    p.    1134;    amended   December   24,    1911    (S'tats. 

Ex.  Sess.  1911,  p.  115). 

ACT  4067b. 

An  act  to  provide  for  the  levy  and  collection  of  taxes  for  the  support 

of   the    state    government    for   the    sixty-fifth    and    sixty-sixth    fiscal 

years. 
[Approved  June  16,  1913.     Stats.  1913,  p.  1083.     In  effect  immediately.] 

Tax  levy  for  support  of  state  government  for  sixty-fifth  fiscal  year. 
Ad  valorem  tax. 
§  1.  The  state  board  of  equalization  shall,  between  the  first  Monday 
in  March  and  the  first  Monday  in  July  in  the  year  1913,  for  the  sup- 
port of  the  state  government  assess  and  levy  the  taxes  upon  the  prop- 
erty in  the  manner  and  upon  the  rates  of  taxation  as  provided  for  in 
subdivisions  a,  b,  c,  and  d,  of  section  14  of  article  13  of  the  con- 
stitution   of   the    state    of    California,   or   if   any    rate    of   taxation    shall 


Act  4067b,  §  2  general  laws.  2188 

have  been  changed  by  the  legislature  pursuant  to  subdivision  (f)  of  sai'l 
section  and  article,  then  upon  such  rate  of  taxation  as  so  changed  and 
fixed,  for  the  purpose  of  raising  the  sum  of  fourteen  million  seven  hun- 
dred forty  eight  thousand  eight  hundred  dollars  for  annual  expenditure 
for  the  support  of  the  state  government  for  the  sixty-fifth  fiscal  year 
and  in  the  event  that  the  taxes  so  assessed  and  levied  together  with 
all  available  revenues  other  than  those  revenues  required  by  law  to  be 
used  for  special  uses,  shall  not  raise  said  sum  of  fourteen  million  seven 
hundred  forty-eight  thousand  eight  hundred  dollars,  then  said  above- 
named  revenues  shall  be  deemed  insufficient  to  meet  the  annual  ex- 
penditures of  the  state  for  the  sixty-fifth  fiscal  year,  which  deficiency 
if  hereby  declared  to  be  the  difference  between  the  amount  of  taxes 
assessed  and  levied  upon  the  property  and  in  the  manner  and  upon  the 
rates  of  taxation  as  provided  for  in  subdivisions  a,  b,  c,  and  d  of 
section  14  of  article  13  of  said  constitution,  or  if  any  rate  of  taxation 
shall  have  been  changed  by  the  legislature  pursuant  to  subdivision  f 
of  said  section  and  article,  then  upon  such  rate  of  taxation  as  so  changed 
and  fixed,  together  with  all  other  state  revenues,  other  than  those 
revenues  required  by  law  to  be  used  for  special  uses,  and  said  sum  of 
fourteen  million  seven  hundred  forty-eight  thousand  eight  hundred  dol- 
lars, then  said  state  board  of  equalization  shall  in  accordance  with  the 
provisions  of  subdivision  e  of  said  section  14  of  article  13  of  the 
constitution  of  the  state  of  California,  between  the  first  and  second 
Mondays  in  September  of  the  said  sixty-fifth  fiscal  year,  fix  such  an  ad 
valorem  rate  of  taxation  upon  each  one  hundred  dollars  in  value  of  tax 
able  property,  ujton  all  the  projicrty  in  the  state  of  California  not  exempt 
from  taxation  under  the  law  and  subject  to  taxation  for  state  purposes 
on  the  seventh  day  of  November  in  the  year  1910,  as,  after  allowing  five 
per  cent  for  delinquencies,  will  raise  for  said  sixty-fifth  fiscal  year  the 
amount  of  said  deficiency. 

Tax  levy  for  support  of  state  government  for  sixty-sixth  fiscal  year. 
Ad  valorem  tax. 
§  2.  Tlio  state  board  of  equalization  shall,  between  the  first  Monday 
in  March  and  the  first  Monday  in  July  in  the  year  1914  for  the  support 
of  the  state  government,  assess  and  levy  the  taxes  upon  the  property  in 
the  manner  and  upon  the  rates  of  taxation  as  provided  for  in  subdi\i 
sions  a,  b,  c,  and  d  of  section  14  of  article  13  of  the  constitution  of 
the  state  of  California,  or  if  any  rate  of  taxation  shall  have  been 
changed  by  the  legislature  pursuant  to  subdivision  f  of  said  section 
and  article,  then  upon  such  rate  of  taxation  as  so  changed  and  fixed, 
for  the  purpose  of  raising  the  sum  of  fourteen  million  nine  hundred 
eight  thousand  nine  hundred  dollars  for  annual  expenditure  for  the  sup- 
port of  the  state  government  for  the  sixty-sixth  fiscal  year  and  in  the 
event  that  the  taxes  so  assessed  and  levied  together  with  all  available 
revenues  other  than  those  revenues  required  by  law  to  be  used  for  special 
uses,   shall   not   raise   said   sum   of   fourteen   million   nine   hundred   eight 


2189  TAXATION.  Act  4067b,  §§  3, 4 

thousand  nine  hiindred  dollars,  then  said  above  named  revenues  shall 
be  deemed  insufficient  to  meet  the  annual  expenditures  of  the  state  for 
the  sixty-sixth  fiscal  year,  which  deficiency  is  hereby  declared  to  be 
the  difference  between  the  amount  of  taxes  assessed  and  levied  upon  the 
jiroperty  and  in  the  manner  and  upon  the  rates  of  taxation  as  provided 
for  in  subdivisions  a,  b,  c,  and  d  of  section  14  of  article  13  of  said 
constitution,  or  if  any  rate  of  taxation  shall  have  been  changed  by  the 
legislature  pursuant  to  subdivision  f  of  said  section  and  article,  then 
upon  such  rate  of  taxation  as  so  changed  and  fixed,  together  with  all 
other  state  revenues  other  than  those  revenues  required  by  law  to  be 
used  for  special  uses,  and  said  sum  of  fourteen  million  nine  hundred 
eight  thousand  nine  hundred  dollars,  then  said  state  board  of  equaliza- 
tion shall  in  accordance  with  the  provisions  of  subdivision  e  of  said 
section  14  of  article  13  of  the  constitution  of  the  state  of  California, 
between  the  first  and  second  Mondays  in  September  of  said  sixty-sixth 
fiscal  year,  fix  such  an  ad  valorem  rate  of  taxation  upon  each  one  hundred 
dollars  in  value  of  taxable  property,  upon  all  the  property  in  the  state 
of  California  not  exempt  from  taxation  under  the  law  and  subject  to 
taxation  for  state  purposes  on  the  seventh  day  of  November  in  the  year 
1910  as,  after  allowing  five  per  cent  for  delinquencies,  will  raise  for  said 
sixty-sixth  fis-cal  year,  the  amount  of  said  deficiency. 

Valuations  of  property  on  which  levies  are  made. 

§  3.  The  taxes  by  this  act  directed  to  be  levied  as  provided  for 
in  subdivision  e  of  section  14  of  article  13  of  the  constitution  of  the 
state  of  California  shall  for  the  sixty-fifth  fiscal  year  be  levied  upon  the 
assessed  valuation  of  all  the  property  in  the  state  of  California  subject 
to  taxation  as  said  assessment  thereof  was  made  and  returned  for  said 
sixty-fifth  fiscal  year  for  the  purpose  of  levying  and  collecting  the  taxes 
required  to  be  levied  and  collected  under  the  provisions  of  section 
22  of  article  4  of  said  constitution  as  that  section  was  amended  on  the 
eighth  day  of  November  in  the  year  1910  and  the  taxes  by  this  act  directed 
to  be  levied  as  provided  for  in  subdivision  e  of  section  14  of  article  13  of 
the  constitution  of  the  state  of  California  shall,  for  the  sixty-sixth  fiscal 
year,  be  levied  upon  the  assessed  valuation  of  all  property  in  the  state  of 
California  subject  to  taxation  as  said  assessment  thereof  was  made  and  re- 
turned for  said  sixty-sixth  fiscal  year  for  the  purpose  of  levying  and 
collecting  the  taxes  under  the  provisions  of  said  section  22  of  article 
4  of  said  constitution. 

Collection  of  taxes. 

§  4.  The  taxes  directed  to  be  levied  and  collected  by  this  act  in  con- 
formity with  the  provisions  of  subdivision  e  of  section  14  of  article 
13  of  the  constitution  of  the  state  of  California  shall,  for  each  of  said 
fiscal  years,  be  collected  and  paid  over  to  the  state  treasurer  in  the  manner 
and  at  the  times  provided  for  in  title  9,  part  3   of  the  Political  Code, 


Act  4067c,  §§  1,2  GENERAL  LAWS.  2190 

as  said  title  and  part  of  said  code  were  in  force  on  the  seventh  day  of 
November  in  the  year  1910  in  so  far  as  the  sections  thereof  provide  for 
the  collection  and  payment  to  the  state  treasurer  of  taxes  heretofore 
levied  and  collected  for  state  purposes. 

Current  expenses. 

§  5.  This  act,  inasmuch  as  it  provides  for  a  tax  levy  for  the  usual 
current  expenses  of  the  state  shall,  under  the  provisions  of  section  1 
of  article  4  of  the  constitution  of  the  state  of  California,  take  effect 
imnieiliately. 

Former  act:    See   Stats.   1911,   p.   557. 

ACT  4067c. 

An  act  to  provide  for  the  assessment  of  property  in  cities  governed 
under  freeholders'  charters,  framed  under  the  provisions  of  the 
constitution  of  this  state,  for  the  municijial  taxes  of  such  cities, 
and  for  the  equalization  and  correction  of  such  assessment  by 
county  officers,  for  the  collection  and  enforcement  of  the  payment 
of  such  taxes,  including  delinquent  taxes,  by  such  officers,  for  the 
sale  and  redemption  from  sale  of  property  sold  for  the  nonpayment 
of  such  taxes,  and  for  the  performance  by  county  officers  of  the 
duties  of  officers  of  such  cities  respecting  said  matters;  and  to 
provide  for  the  compensation  to  be  paid  to  counties  by  such  cities 
for  the  services  performed  by  such  county  officers  for  such  cities 
under  the  provisions  of  this  act. 

[Approved  June  6,  1913.     Stats.  1913,  p.  499.] 

Assessment,  collection,  etc.,  of  city  taxes  by  county  officers  authorized. 
§  1.  The  ihities  of  the  officers  of  any  city  governed  under  .i  free- 
holders' charter  framed,  ratified  and  approved  in  accordance  with  the 
provisions  of  the  constitution  of  this  state,  with  respect  to  the  assess 
ment  of  property  in  such  city  for  the  municipal  taxes  thereof,  to  the 
equalization  and  correction  of  such  assessment,  to  the  collection,  pay- 
ment and  enforcement  of  such  taxes,  including  delinquent  taxes,  and  to 
the  redemption  of  such  property  from  sale  or  other  penalty  for  the 
non])ayment  of  such  municipal  taxes,  shall  be  performed  by  officers 
of  the  county  in  which  such  city  is  situated,  when  such  performance  is 
required   of  them   as  in   this  act   provided. 

Duty  of  county  officers  to  assess,  collect,  etc.,  city  taxes. 

§  2.  "Whenever  the  charter  of  any  city  mentioned  in  section  1  of 
this  act,  or  any  amendment  to  such  charter,  or  any  ordinance  of  such 
city  authorized  by  and  adopted  under  such  charter  or  amendment 
thereto,  shall  provide  that  the  duties  of  the  council,  or  other  legislative 
body,  assessor,  tax  collector  or  other  officers  of  such  city  with  respect 
to  the  assessment  of  property  in  such  city  for  the  municipal  taxes  thereof. 


^191  TAXATION.  Act  4067e,  §  3 

to  the  pqualization  and  correction  of  such  assessment,  to  the  collection, 
I-aynient  and  enforcement  of  such  taxes,  including  delinquent  taxes, 
and  to  the  redemption  of  such  property  from  sale  or  other  penalty  for 
nonpayment  of  the  municipal  taxes  of  such  city,  shall  be  performed 
by  certain  designated  officers  of  the  county  in  which  such  city  is 
situated,  as  set  forth  in  such  charter,  or  amendment  thereto,  or  in 
such  ordinance,  it  shall  be  the  duty  of  such  county  officers  so  desig- 
nated to  perform  such  duties  in  accordance  with  the  provisions  of  this 
act;  provided,  however,  that  the  several  county  officers  so  designated 
to  perform  such  duties  for  such  city  shall  be  officers  who  respectively 
j)erform  duties  of  the  same  character  as  the  officers  of  such  city  whose 
duties   are  to  be  performed  by   such   county  officers. 

Copy  of  charter,  etc.,  filed  with  supervisors.  Separate  list  of  property 
in  annexed  territory.  Statement  showing  separate  boundaries. 
§  3.  Upon  the  taking  effect  of  any  such  charter,  charter  amendment 
or  ordinance  of  such  city,  providing  that  the  duties  of  the  officers  of 
such  city  with  respect  to  the  matters  mentioned  in  section  2  of  this 
act  shall  be  performed  hj  the  officers  of  the  county  in  which  such  city 
i?  situated,  a  copy  thereof,  certified  by  the  city  clerk  of  such  city, 
shall  be  filed  with  the  board  of  supervisors  of  such  county,  on  or  be- 
fore the  first  Monday  in  February  immediately  following  the  taking 
effect  of  such  charter,  charter  amendment  or  ordinance.  The  board 
of  supervisors  shall  thereupon  cause  notice  of  such  charter,  charter 
amendment  or  ordinance  to  be  given  to  the  several  county  officers 
designated  therein,  and  thereafter  the  assessment  list  of  all  property 
within  such  city,  as  contained  in  the  assessment-roll  made  annually  by 
the  county  assessor  and  equalized  and  corrected  by  the  county  board  of 
supervisors,  of  all  property  assessed  for  taxation  for  county  purposes 
in  such  county  shall  be  the  assessment-roll  of  the  property  within  such 
city  assessed  for  the  purpose  of  the  municiiial  taxes  of  such  city,  and 
such  assessment-roll  shall  be  used  as  the  basis  for  the  levy  of  such 
municipal  taxes.  If,  subsequent  to  the  incorporation  of  such  city,  ad 
ditional  territory  has  been  added  thereto,  as  originally  incorporated, 
either  by  annexation  of  new  territory  thereto,  or  by  the  consolidation 
of  other  municipal  corporations  therewith,  it  shall  be  the  duty  of  the 
county  assessor  in  making  the  assessment  of  the  property  in  such  city, 
to  list  separately  the  property  situated  within  the  limits  of  such  city 
as  originally  incorporated,  and  the  property  situated  within  the  bound- 
aries of  each  such  subsequent  addition  of  territory  thereto,  and  each 
such  separate  list  shall  be  so  headed  and  indicated  in  such  assessment- 
roll  that  all  property  within  the  original  limits  of  such  city  shall  ap- 
pear therein  as  being  so  situated,  and  all  propertj^  situated  within  any 
territory  subsequently  added  thereto  by  any  such  annexation  or  con- 
solidation, shall  appear  therein  as  being  so  situated,  and  the  date  of 
each  such  addition  of  territory  shall  also  be  specified  therein.  As  soon 
as   practicable    after    the    first    Monday    in    March    next    succeeding    the 


Act  4067c,  §4  GENERAL   LAWS.  2192 

taking  effect  of  such  charter,  charter  amendment  or  orilinance,  the  city 
clerk  of  such  city  shall  rleliver  to  the  county  assessor  of  such  county,  a 
statement  in  writing  showing,  separately,  the  exterior  boundaries  of 
said  city,  as  originally  incorporated,  and  the  exterior  boundaries  of 
each  body  of  new  territory  subsequently  added  thereto,  as  aforesaid, 
together  with  the  date  of  each  such  addition  of  new  territory;  and 
as  soon  as  practicable  after  the  first  Monday  in  March  of  each  succeeding 
3ear,  a  like  statement  shall  be  so  delivered  showing  the  boundaries  of  any 
new  territory  so  added  to  such  city  since  the  delivery  of  the  last 
preceding  statement,  together  with  the  date  of  such  addition  of  new 
territory. 

County  auditor's  statement  of  property  valuations.  Rates*  Collection. 
Weekly  payments  to  city  treasurer. 
§  4.  The  count}'  auditor  of  the  county  in  which  such  city  is  situated 
must,  on  or  before  the  second  Monday  in  August  of  each  year,  trans- 
mit to  the  council  or  other  legislative  body  of  such  city  a  statement 
in  writing  showing  the  total  assessed  valuation  of  all  property  within 
such  city,  which  value  shall  be  ascertained  from  the  assessment-roll 
of  such  county,  equalized  and  corrected  by  the  board  of  supervisors 
thereof  in  the  manner  provided  by  law,  and  showing  the  total  assessed 
valuation  of  all  property  within  the  limits  of  such  city  as  originally 
incorporated,  and  the  total  assessed  valuation,  separately,  of  all  prop- 
erty in  each  body  of  new  territory  so  added  to  such  city  subsequent 
to  the  original  incorporation  thereof.  Upon  the  delivery  to  the  county 
auditor,  not  later  than^the  first  day  of  September,  of  each  year,  of  a 
statement  certified  by  the  city  clerk  of  such  city,  showing  the  levy,  or 
rate  or  rates  per  cent  of  taxes  levied  by  the  council  or  other  legislative 
body  of  such  city,  for  all  municipal  purj)oses  for  such  year,  including 
amounts  required  for  the  payment  of  interest  and  sinking  funds  for  the 
bonded  indebtedness  of  such  city,  and  showing  separately,  the  rate 
of  taxes  so  levied  upon  all  property  within  the  limits  of  such  city  as 
originally  incorporated,  and  the  rate  upon  all  property  within  the 
boundaries  of  each  portion  of  such  city  added  thereto  subsequent  to 
the  original  incorporation  thereof  as  aforesaid,  the  county  auditor 
must  compute  and  enter  in  a  separate  column  in  the  assessment-books 
of   the   property   in    such   city,   for   such   year,   to   be   headed   "City   tax, 

city    of ,"    (stating    name    of    city),    the    several    sums    in    dollars 

and  cents  to  be  paid  as  a  municipal  tax  on  the  property  therein  enum- 
erated and  assessed  as  being  in  such  city,  using  the  rate  or  rates  of 
levy  as  fixed  by  the  legislative  body  thereof,  and  the  assessed  value 
as  found  in  such  assessment-books.  Such  taxes  so  levied  shall  be 
collected  by  the  county  tax  collector,  at  the  same  time  and  in  the  same 
manner  as  the  county  taxes  of  such  county.  On  Monday  of  each  week, 
the  county  tax  collector  shall  pay  to  the  treasurer  of  such  city,  the 
amount  of  all  taxes  so  collected  by  such  county  tax  collector  for  and 
on   behalf   of   such   city,   during  the   preceding   week,   after   making   the 


2193  TAXATION.  Act  4067c,  §§  5, 6 

deduction  thorefiom  hereinafter  specified;  and  whenever  any  delinquent 
city  taxes,  together  with  costs  and  penalties  thereon,  have  been  paid 
to  the  county  treasurer,  or  whenever  any  property  in  such  city  has 
])een  sold  for  the  nonpayment  of  the  city  taxes  thereon,  and  has  been 
redeemed,  the  county  treasurer  shall  likewise  pay  to  the  treasurer  of 
such  city,  on  Monday  of  each  week,  the  amount  of  such  delinquent 
taxes,  and  all  costs  and  penalties  thereon  so  collected  by  such  county 
treasurer  during  the  [)receding  week,  and  the  money  collected  for  any 
such  redemption,  after  making  the  deductions  therefrom  hereinafter 
specified. 

Sale  of  city  property  for  taxes. 

§  5.  Whenever  the  duties  of  the  officers  of  any  city  with  respect 
to  the  assessment  of  property  therein  for  the  municipal  taxes  of  such 
city  and  to  the  collection  of  such  taxes,  are  performed  by  county  officers 
under  the  provisions  of  this  act,  the  collection  of  unpaid  municipal 
taxes  of  such  cit}',  levied  on  any  property  by  such  city,  shall  be  en- 
forced by  the  sale  of  such  property  in  the  same  manner  and  at  the 
same  time,  and  upon  the  same  penalties,  as  property  sold  for  non- 
payment of  county  taxes,  and  real  property  so  sold  may  be  redeemed 
within  the  same  time  and  upon  the  same  terms  as  property  sold  for 
the  nonpayment  of  county  taxes;  and  whenever  any  real  property 
situate  in  such  city  has  been  sold  for  taxes  and  has  been  redeemed, 
the  money  paid  for  such  redemption  shall  be  apportioned  by  the 
county  auditor  to,  and  shall  be  paid  to,  such  city  in  the  proportion 
which  the  tax  due  such  city  bears  to  the  total  tax  for  which  such 
real  property  was  sold;  provided,  however,  that  upon  the  taking  effect 
of  any  charter,  charter  amendment,  or  ordinance  to  the  effect  men- 
tioned in  section  2  of  this  act,  all  taxes  of  such  city  that  shall  have 
been  levied  prior  thereto,  including  delinquent  taxes,  shall  be  collected, 
the  payment  thereof  enforced  in  the  same  manner  and  upon  the  same 
penalties,  and  property  may  be  sold  for  the  nonpayment  thereof  and 
may  be  redeemed  from  such  sale  in  the  same  manner  and  under  the 
same  conditions  as  provided  by  the  laws  in  force  in  said  city  at  the 
time  of  the  taking  effect  of  such  charter,  charter  amendment  or  ordi- 
nance; and  such  officers  of  such  city  as  may  be  provided  under  the 
charter  or  ordinance  thereof,  shall  collect  and  enforce  the  payment  of 
such  taxes,  including  delinquent  taxes,  and  do  any  and  all  things  that 
may  be  necessary  in  the  sale  of  property  for  the  nonpayment  of  such 
taxes  and  in  the  redemption  thereof  from  such  sale. 

Repeal  of  ordinance. 

§  6.  Whenever  any  charter  provision,  or  any  ordinance  of  the  char- 
acter mentioned  in  section  2  of  this  act  shall  be  repealed,  the  duties 
authorized  by  such  charter  provision  or  ordinance  so  repealed  to 
be  performed  by  officers  of  the  county  in  which  such  city  is 
situated,  shall  thereupon  cease  to  be  performed  by  such  officers;  pro- 
138 


Act4067c,  §§7,  8 


GENERAL  LAWS. 


2194 


vided,  however,  that  upon  such  repeal,  all  taxes  of  said  city  that  shall 
have  Vjeen  levied  prior  thereto,  including  delinquent  taxes,  shall,  as  in 
this  act  provided,  be  collected,  the  pa^-ment  thereof  enforced  in  tht 
same  manner  and  upon  the  same  penalties,  and  property  may  be  sold 
for  the  nonpayment  thereof  and  may  be  redeemed  from  such  sale,  in  the 
same  manner  and  under  the  same  conditions  as  provided  by  laws 
applicable  to  the  collection  and  enforcement  of  the  payment  of  county 
taxes,  including  delinquent  taxes,  and  to  the  sale  and  redemption 
from  sale  of  property  sold  for  the  nonpayment  of  county  taxes;  and 
the  officers  of  such  county  shall  have  all  the  powers  and  perform  all 
the  duties  relative  thereto  as  may  be  provided  by  law  in  the  case 
of  county  taxes  and  the  sale  and  redemi>tion  from  sale  of  property  for 
the   nonpayment   thereof. 

Compensation  of  county.     Limit. 

§  7.  The  amount  of  comjiensation  to  be  charged  by  and  paid  to 
any  county  for  the  performance  of  services  contemplated  by  the  pro- 
visions of  this  act,  for  and  on  behalf  of  any  city  in  such  county,  shall 
be  fixed  by  agreement  between  the  board  of  supervisors  of  such  county 
and  the  legislative  body  of  such  city;  provided,  however,  that  such 
compensation  shall  in  no  event  exceed  one-half  of  one  per  cent  of  all 
moneys  collected  for  such  city  as  in  this  act  i)rovided.  The  board  of 
supervisors  shall,  by  an  order  sjiread  upon  its  minutes,  direct  that  the 
county  tax  collector  and  the  county  treasurer  shall  deduct  from  all 
taxes  or  moneys  in  their  hands,  collected  for  or  on  behalf  of  such 
city,  and  before  the  payment  thereof  to  the  treasurer  of  such  city  as 
in  this  act  provided,  the  percentage  thereof  to  be  charged  by  such 
county  for  the  services  mentioned  in  this  act.  and  such  percentage  so 
deducted  shall  be  paid  into  or  transferred  to  such  fund  of  the  county 
and  in  such  manner  as  the  board  of  supervisors  shall  direct. 

Act  provides  alternative  method. 

§  8.  This  act  shall  in  no  wise  affect  any  other  act  or  acts  providing 
that  duties  of  officers  of  cities  may  be  performed  by  county  officers; 
and  if  any  such  act  or  acts  provide  for  or  apply  to  the  performance 
by  county  officers  of  the  duties  of  officers  of  cities  governed  under 
freeholders'  charters,  this  act  is  intended  to,  and  does  provide  an 
alternative  method  by  which  the  duties  of  the  officers  of  any  such 
city  with  respect  to  the  matters  mentioned  in  section  2  of  this  act 
may  be  performed  by  officers  of  the  county  in  which  such  city  is 
situated. 


2195  TENEMENT  HOUSES.  Acts  4097,  4098 

TITLE   518. 

TENEMENT    HOUSES. 
ACT  4097. 
Au   act   to   regulate   the   building   and   oocupaney   of   tenement  honses   in 

incorporated  towns,  incorjiorated   cities  and  cities  and  counties,  and 

to  provide  penalties  for  the  violation  thereof.     [Approved  April  16, 

1909.     Stats.    1909,   p.   948.] 

Repealed   1911,   p.   860. 

See  Act    4098,  post. 

Citations.     App.   13/369. 

ACT  4098. 

An  act  to  regulate  the  building  and  occupancy  of  tenement  houses  in  in- 
corporated towns,  incorporated  cities,  and  cities  and  counties,  and  to 
provide  penalties  for  the  violation  thereof  and  repealing  an  act  en- 
titled, "An  act  to  regulate  the  building  and  occupancy  of  tenement 
houses  in  incorporated  towns,  incorporated  cities,  and  cities  and 
counties,  and  to  provide  penalties  for  the  violation  thereof,"  ap- 
proved April  16,  1909,  Statutes  of  California,  of  1909,  page  948. 

[Approved  April   10,   1911.     Stats.   1911,  p.   860.] 
The    entire    act  was   amended   June    13,    1913    (Stats.    1913,    p.    737),    to   read 
as  follows : 

Title  of  act.     Enforcement. 

§  1.  This  act  shall  be  known  as  the  tenement  house  act,  and  its 
provisions  shall  apply  to  all  incorporated  towns,  incorporated  cities, 
cities  and  counties  in  the  state  of  California.  It  shall  be  the  duty  of  the 
department  of  health  of  incorporated  towns,  incorporated  cities  and 
cities  and  counties  to  enforce  all  the  provisions  of  this  act;  provided, 
however,  that  incorporated  towns,  incorporated  cities,  cities  and 
counties  in  the  state  of  California  shall  have  and  are  hereby  given 
authority  to  designate  and  charge  by  ordinance,  any  other  department 
than  the  department  of  health  with  the  enforcement  of  this  act  or  any 
portion  thereof;  provided,  that  the  department  of  health  of  incorporated 
towns,  incorporated  cities  and  cities  and  counties  shall  always  have 
supervision  over  and  shall  enforce  the  provisions  of  this  act  relating 
to  sanitation,  ventilation  and  health  in  all  tenement  buildings  not  in 
course  of  actual  construction  or  alteration,  and  shall  issue  the  permit 
hereinafter  mentioned,  entitled  "Permit  of  occupancy  upon  completion 
of  construction."  In  the  event  that  an  incorporated  town,  incorporated 
city  or  city  and  county  shall  by  municipal  ordinance  designate  another 
and  diiferent  department  than  the  department  of  health  to  enforce 
the  provisions  of  this  act  or  any  of  them  which  by  the  provisions  of 
this  act  may  by  such  ordinance  be  transferred  to  the  control  of  another 
department  than  the  department  of  health  all  powers  not  so  transferred 
shall  be  and  remain  in  the  department  of  health, 


Act  4098,  §  2 


GENERAL    LAWS. 


2196 


Definitions . 

§  2.  For  the  purpose  of  this  act  certain  words  and  phrases  are  de- 
fined as  follows: 

A,  tenement  house  is  any  house  or  building,  or  portion  thereof,  of 
more  than  one  story,  which  is  designed,  built,  rented,  leased,  let  or 
hired  out,  to  be  occupied  or  is  occupied  as  the  home  or  residence  of 
four  families  or  more  living  independently  of  each  other,  and  doing 
their  cooking  upon  the  premises,  or  by  three  families  so  living  and 
cooking  and  having  a  common  right  in  the  halls,  stairways,  yards,  water- 
closets,   or   some    or   any   of   them. 

Provided,  that  a  building  of  not  more  than  two  stories  in  height, 
which  is  designed,  built,  rented,  leased,  let  or  hired  out,  to  be  occupied 
or  is  occupied  as  the  home  or  residence  of  not  more  than  four  families 
living  independently  of  each  other,  and  so  constructed  that  each  section 
is  arranged  to  be  occupied  as  the  home  or  residence  of  a  separate 
family  and  each  section  having  an  entirely  independent  and  separate 
entrance  and  stairway  from  the  street  or  from  an  outside  vestibule  on 
the  level  of  the  first  floor  of  said  building  and  with  no  room,  hall, 
bathroom,  waterdoset,  kitchen  or  other  convenience  used  in  common 
by  two  or  more  families  occupying  said  building,  shall  not  come  within 
the   definition   of   a  tenement   house   contained   in   this   act. 

An  "apartment"  in  a  tenement  house  is  a  room  or  a  suite  of  rooms 
which  is  occupied,  or  is  intended  or  designed  to  be  occupied  as  a 
family  domicile. 

A  "yard"  is  an  open,  unoccupied  space  on  the  same  lot  with  a  tene 
ment  house,  situated  in  the  rear  of  said  tenement  house;  provided,  that 
in  case  of  a  corner  lot  the  yard  may  be  placed  in  the  rear  of  either 
frontage. 

A  "court"  is  an  open,  unoccupied  space,  other  than  a  yard,  on  the 
same  lot  with  a  tenement  house.  A  court  not  extending  to  the  street 
or  yard  is  an  inner  court.  A  court  extending  to  the  street  or  yard 
and  bounded  on  three  sides  by  a  tenement  house  on  the  same  lot  is  an 
outer  court.  If  it  extends  to  the  street  it  is  a  street  court.  If  it 
extends  to  the  yard  it  is  a  yard  court.  If  it  extends  from  the  street 
to  the  yard  it  is  a  street-to  yard  court.  A  court  bounded  on  one  side 
and  both  ends  by  a  tenement  house  and  on  the  remaining  side  by  a 
lot  line  is  a  "lot-line"  court. 

A  "court"  bounded  on  one  side  and  one  end  by  a  tenement  house  and 
on  the  remaining  side  by  lot  line  and  the  remaining  end  open  to  the 
etreet  or  yard  is  a  lot-line  outer  court. 

A  "shaft"  includes  exterior  and  interior  shafts,  whether  for  air, 
light,  elevator,  dumbwaiter,  or  any  other  purpose.  A  vent  shaft  is 
one  used  solely  to  ventilate  or  light  a  water-closet  compartment  or 
bathroom. 

A  "public  hall"  is  a  hall,  corridor  or  passageway  not  within  an 
apartment. 


2197  TENEMENT  HOUSES-  Act  4098,  §§  3, 4 

A  "private  hall"  is  a  hall,  passageway,  corridor  or  vestibule  vpithin 
an  apartment. 

A  "stair  hall"  includes  the  stairs,  stair  landings  and  those  portions 
of  the  public  halls  through  which  it  is  necessary  to  pass  in  going 
between  the  entrance  hall  and  the  roof. 

A  "basement"  is  a  storj'  partly  below  the  level  of  the  curb,  the  ceil- 
ing of  which  is  not  less  than  seven  feet  above  the  curb  level. 

A  "cellar"  is  any  story  partly  or  wholly  below  the  level  of  the  curb, 
the  ceiling  of  which  is  less. than  seven  feet  above  the  curb  level. 

A  fireproof  tenement  house  is  one  the  walls  of  which  are  constructed 
of  brick,  stone,  iron  or  other  incombustible  material,  and  in  which 
there  are  no  wooden  beams  or  lintels,  and  in  which  the  floors,  roofs, 
stair  halls  and  public  halls  are  built  entirely  of  brick,  stone,  iron,  or 
other  hard  incombustible  material,  and  in  which  no  woodwork  or  other 
inflammable  material  is  used  in  any  of  the  partitions,  furrings  or  ceil- 
ings. But  this  definition  shall  not  be  construed  as  prohibiting  else- 
where than  in  the  stair  halls  or  entrance  halls,  the  use  of  wooden 
flooring  on  top  of  the  fireproof  floors  or  the  use  of  wooden  sleepers,  nor 
as  prohibiting  wooden  handrails,  and  hardwood  treads. 

A  "wooden  tenement"  is  a  tenement  of  which  the  exterior  walls  or 
a  portion  thereof  are  of  wood.  Wooden  buildings  covered  with  metal, 
plaster,  terra  cotta,  or  veneered  with  masonry  are  wooden  structures. 

For  the  purpose  of  this  act  the  greatest  horizontal  linear  dimension 
of  any  building  shall  be  its  length,  and  the  next  greatest  horizontal 
linear  dimension  its  width. 

The  height  of  buildings  shall  be  measured  from  the  curb  level  at 
the  center  of  the  main  front  of  the  building  to  the  top  of  the  highest 
point  of  the  roof  beams  in  case  of  flat  roofs,  and  for  high  pitched 
roofs  the  average  height  of  the  gable  shall  be  taken  as  the  highest 
point  of  the  building. 

For  a  building  erected  upon  a  street  corner,  the  measurements  shall 
be  taken  from  the  curb  level  opposite  the  center  of  either  front. 

When  the  ground  upon  which  the  walls  of  a  structure  are  built  is 
above  the  street  level,  the  average  level  for  the  ground  adjoining  the 
walls  may  be  taken  instead  of  the  curb  level  for  the  height  of  such 
structure. 

Buildings  altered  subject  to  act. 

§  3.  A  building  not  erected  for  use  as  a  tenement  house,  if  here- 
after altered  ox  converted  to  such  use,  shall  thereupon  become  subject 
to  all  of  the  provisions  of  this  act  affecting  tenement  houses  hereafter 
erected. 

Unlawful  structures. 

§  i.  No  tenement  house  shall  at  any  time  be  altered  so  as  to  be 
in  violation  of  any  provision  of  this  act.  If  any  tenement  house  or 
any  part  thereof  be  erected,   altered  or   occupied  contrary  to  law,   such 


Act  4098,  §§5-9 


GENERAL   LAWS. 


2198 


tenement  house  shall  be  deemed  an  unlawful  structure,  and  the  de- 
partment of  health,  or  the  department  charged  with  the  enforcement 
of  this  act,  may  cause  such  building  to  be  vacated,  and  such  building 
shall  not  again  be  occupied  until  it  or  its  occupation,  as  the  case  may 
be,  has  been  made  to  conform  with  the  law. 

Area  of  lot  covered. 

§  5.  No  tenement  house  hereafter  erected  shall  occupy  more  than 
ninety  per  cent  of  a  corner  lot  or  more  than  sevent^'-five  per  cent  of 
any  other  lot,  except  as  otherwise  provided  in  this  act;  provided,  that 
the  space  occupied  by  open  iron  fire-escapes  erected  and  constructed 
according  to  law  shall  not  be  deemed  a  part  of  the  lot  occupied,  but 
that  the  space  occupied  by  fireproof  stairs,  and  by  vent  shafts  thirty- 
two  square  feet  or  less  in  area,  shall  be  considered  as  part  of  the  lot 
occupied.  For  the  purposes  of  this  section  the  measurements  may  be 
taken  at  the  level  of  the  second  tier  of  beams  (the  second  floor  level), 
except  where  rooms  on  the  ground  floor  are  to  be  used  for  sleeping 
apartments. 

Comer  lots. 

§  6.  By  corner  lot  is  meant  a  lot  situated  at  the  junction  of  two 
streets,  or  of  a  street  and  public  alley  or  other  public  thoroughfare  or 
public  park,  not  less  than  sixteen  feet  in  wi<lth.  Any  portion  of  the 
width  of  such  lot  distant  more  than  fifty  feet  from  such  junction 
shall  not  be  regarded  as  part  of  a  corner  lot,  but  shall  be  subject  to 
the  provisions  of  this  act  respecting  other  than  corner  lots.  Where,  in 
any  corner  lot,  the  two  frontages  are  of  unequal  length,  either  street 
frontage  may  be  taken  as  the  width  of  the  lot.  Street  frontage  alone 
and  not  alley  frontage  shall  be  considered  in  determining  such  lesser 
frontage. 

Limit  of  height. 

§  7.  The  height  of  no  tenement  house  hereafter  erected  shall  by 
more  than  one-half  exceed  the  width  of  the  widest  street  upon  which 

it    stands. 

Yard  behind  each  house. 

§  8.  Behind  every  tenement  house  hereafter  erected,  there  shall  be 
a  yard  extending  across  the  entire  width  of  the  lot  and  at  every  point 
open  from  the  ground  to  the  sky,  unobstructed,  except  that  open  iron 
fire-escapes  may  project  not  over  four  feet  from  the  rear  line  of  the 
house.  The  depth  of  said  yard,  measured  from  the  extreme  rear  wall 
of  the  house  toward  the  rea.r  line  of  the  lot,  shall  be  as  provided  in 
the  following  sections. 

Depth  of  yard;  lot  not  on  comer. 

§  9.  Except  upon  a  corner  lot,  as  provided  in  section  10,  or  upon 
a  lot  running  through  from  street  to  street  or  street  to  public  alley, 
or  public  park  as  provided  in  section  11,  the  depth  of  the  yard  behind 
every   tenement   house   hereafter   erected   sixty   feet   in   height   shall   not 


2199  TENEMENT   HOUSES,  Act  4098,  §§  10,  11 

be  less  than  twelve  feet  in  every  part.  Said  yard  shall  be  increased 
in  depth  two  feet  for  every  additional  twelve  feet  in  height  of  the 
building  or  fraction  thereof,  and  may  be  decreased  in  depth  one  foot 
for  every  twelve  feet  in  height  of  the  building  less  than  sixty  feet; 
but  it  shall  never  be  less  than  ten  feet  in  depth  in  every  part. 

In  the  event  that  two  tenement  houses  or  a  tenement  house  and 
another  structure  of  more  than  one  story  in  height  are  constructed  or 
erected  upon  the  same  lot,  then  and  in  that  event  the  full  yard  space 
as  set  forth  in  this  section  shall  be  provided  for  each  of  such  buildings. 
In  no  case  shall  two  buildings  of  more  than  one  story  in  height  abut 
upon  the  yard  of  a  width  as  herein  provided  for  a  single  tenement 
house. 

To  determine  the  depth  of  yard  as  described  in  this  section,  the 
measuremejit  shall  be  taken  of  the  rear  wall  of  such  tenement  house 
abutting  on  said  yard  and  from  the  top  of  such  wall  to  the  level  of 
the  floor  of  the  yard  at  such  rear  wall. 

Depth  of  yard;  lot  on  comer. 

§  10.  The  depth  of  the  yard  behind  every  tenement  house  hereafter 
erected  upon  a  corner  lot  shall  be  not  less  than  ten  feet  in  every  part 
and  at  every  point  open  and  unobstructed  from  the  level  of  the  second 
tier  of  beams  (the  second  floor  level);  provided,  that  where  any  such  lot 
is  less  than  one  hundred  feet  in  depth  the  depth  of  the  yard  be  not  less 
than  ten  per  centum  of  the  greatest  depth  of  such  lot,  but  shall  never 
be  less  than  five  feet  in  every  part,  nor  less  than  the  minimum  width 
of  an  outer  court  on  the  lot  line  as  prescribed  by  this  act.  Tf  rooms 
on  the  ground  floor  are  used  as  sleeping  apartments  the  yard  shall  be 
taken  from  the  ground  up.  When  a  corner  lot  is  more  than  fifty  feet 
in  width,  the  yard  for  that  portion  in  excess  of  fifty  feet  shall  conform 
t(k  the  provisions  of  section  9  of  this  act. 

One-half  of  alley  Included.     Lot  surrounded  by  streets. 

§  11.  Whenever  a  tenement  house  is  hereafter  erected  upon  a  lot  which 
runs  through  from  one  street  to  another  street  or  public  alley  or  public 
park  and  said  lot  is  not  more  than  one  hundred  and  fifty  feet  in  depth 
one-half  of  the  width  of  the  street  or  alley  upon  which  the  yard  abuts 
may  be  included  in  the  depth  of  the  yard  required  by  sections  9  and 
10,'  but  said  one-half  not  to  exceed  in  width  the  depth  of  the  yard 
for  such  lot  provided  in  sections  9  and  10;  provided,  that  on  such  lot 
no  tenement  house  hereafter  erected  shall  occupy  more  than  ninety  per 
centum  of  a  corner  lot,  or  more  than  seventy-five  per  centum  of  any 
other  lot. 

One-half  the  width  of  the  rear  street  or  public  alley  or  public  park, 
immediately  behind  said  lot,  may  be  included  in  the  portion  of  lot 
that  is  left  uncovered  in  computing  the  percentage;  provided,  that 
whenever  said  one-half  the  width  of  said  rear  street,  or  public  allev 
or  public  park  equals  or  exceeds  the  depth  of  yard  required  in  section 
10,  if  the  lot  be  a  corner  lot,  or  in  section  9,  if  the  lot  be  not  a  corner 


Act  4098,  §§  12, 13  general  laws.  2200 

lot,  only  such  portion  of  such  street,  or  public  alley  or  public  park  may 
be  included  in  computing  the  percentage  to  be  left  uncovered  as  will 
equal  the  depth  of  yard  required  for  said  lot. 

When  one-half  the  width  of  such  rear  street,  or  public  alley  or  public 
park  is  less  than  the  depth  of  the  yard  required  for  such  lot  by  the 
provisions  of  sections  9  and  10  it  may  be  included  in  computing  the 
percentage  of  the  lot  to  remain  uncovered. 

If  the  lot  is  surrounded  upon  its  four  sides  by  streets  or  streets  and 
public  alleys  twenty  feet  or  more  wide  or  public  parks  over  twenty- 
four  feet  wide,  the  provisions  relating  to  yards  in  sections  8,  9,  10  and 
11  need  not  be  complied  with;  provided,  that  the  tenement  house  to 
be  constructed  on  such  lot  does  not  occupy  more  than  seventy-five  per 
centum  of  the  lot  and  contains  an  outer  court  at  least  eighty  feet 
deep  and  of  a  width  twice  as  great  as  the  depth  prescribed  for  yards 
in  section  9  and  open  to  one  of  the  surrounding  streets,  public  alleys, 
or  public  parks;  provided,  that  said  outer  court  shall  not  be  required 
to  be  of  a  depth  which  shall  leave  less  than  fifty  feet  between  the 
rear  line  of  said  court  and  the  line  of  said  lot  immediately  behind 
said    court. 

Courts  not  to  be  covered. 

§  12.  No  court  or  vent  shaft  of  a  tenement  house  hereafter  erected 
shall  be  covered  by  a  roof  or  skylight,  but  every  such  vent  .shaft  or 
cpurt  shall  be  at  every  point  open  from  at  least  two  feet  above  the  floor 
of  the  lowest  apartment  abutting  upon  such  vent  shaft  or  court  to  tli<' 
sky,  unobstructed,  except  that  open  iron  fire-escapes,  as  required  by  law. 
or  by  ordinances  or  regulations  of  incorporated  towns,  incorporated  citic- 
or  cities  and  counties,  may  project  into  the  court,  but  not  more  than 
four  feet  from  the  wall  of  the  house.  All  courts  in  tenement  houses 
hereafter  erected  shall  conform  to  the  requirements  of  the  followi^ii: 
sections. 

Except  that  recesses  may  be  built  on  the  street  or  yard  or  a  court, 
provided  the  depth  of  same  is  no  greater  than  the  width  and  th:it 
their  area  be  not  counted  in  computing  the  area  of  the  court. 

Outer  courts. 

§  13.  The  outer  courts  of  all  tenement  houses  hereafter  erectd 
shall  have  not  less  than  the  following  minimum  widths  nor  more  than 
the  following  maximum  lengths: 

Building:.  Least  width.  Maximum  length. 

2  stories 4  feet 16  feet. 

3  stories 4  feet  6  inches 2o  feet. 

4  stories 5  feet  6  inches 30  feet. 

5  stories 6  feet 35  feet. 

6  stories 8  feet 35  feet. 

7  stories 10  feet 40  feet. 

8  stories  or  more 12  feet 40  feet. 


2201  TENEMENT  HOUSES.  Act  4098,  §§  14, 15 

The  length  of  outer  courts  shall  not  be  more  than  the  maximum 
lengths  given  in  the  above  table  unless  six  inches  be  added  to  the 
minimum  widths  for  each  additional  five  feet  or  fraction,  thereof  in 
length.  The  lot-line  outer  courts  and  street  to-yard  courts  shall  have 
the  same  minimum  width  as  outer  courts  but  are  not  governed  by  the 
provision  in   this  section  regarding  maximum  lengths. 

Inner  courts.     Courts  on  which  only  kitchen  windows  open. 

§  14.  The  inner  courts  of  all  tenement  houses  hereafter  erected  shall 
have  areas  and  minimum  widths  in  all  parts,  not  less  than  the  widths 
and   areas   as  follows: 

Building.  Area  in  square  feet.  Least  width. 

2  stories 75 6  feet. 

3  stories 120 7  feet. 

4  stories 160 8  feet. 

5  stories 250 12  feet. 

6  stories 400 16  feet. 

7  stories 625 20  feet. 

8  stories  or  more 840 '. 24  feet. 

Provided,  that  when  only  the  windows  of  kitchens  containing  not 
more  than  seventj^-five  square  feet  of  floor  area  or  of  bathrooms  or 
toilets  open  or  are  designed  to  open  upon  an  inner  court  and  said  court 
is  entirely  open  and  free  from  obstruction  from  the  bottom  thereof 
to  the  sky,  said  court  shall  have  areas  and  minimum  widths  in  all 
parts  not  less  than  the  areas  and  widths  specified  in  the  following 
table: 

Building.  Area  in  square  feet.  Least  width. 

2  stories 75 6  feet  0  inches. 

3  stories 84 7  feet  0  inches. 

4  stories 112 8  feet  0  inches. 

5  stories 144 12  feet  0  inches. 

6  stories 240 16  feet  0  inches. 

7  stories 360 20  feet  0  inches. 

8  stories  or  more 400 20  feet  0  inches. 

Lot-line  courts.     Lot-line  courts  on  which  only  kitchen  windows  open. 

§  15.  Lot-line  courts  in  tenement  houses  hereafter  erected  shall  have 
areas  and  minimum  widths  in  all  parts  not  less  than  those  specified  in 
the  following   table: 

Building.  Area  in  square  feet.  Least  width. 

2  stories 50 4  feet  0  inches. 

3  stories 72 6  feet  0  inches. 

4  stories 105 7  feet  0  inches. 

5  stories 180 9  feet  0  inches. 

6  stories 300 12  feet  0  inches. 

7  stories 490 14  feet  0  inches. 

8  stories  or  more -j'.'.j 17  feet  0  inches. 


Act  4098,  §§  16,17 


gener.'Uj  laws. 


2202 


Provided,  that  when  only  the  windows  of  kitchens  containing  not 
more  than  seventy-five  square  feet  of  floor  area  or  of  bathrooms  or 
toilets  open  or  are  designed  to  open  upon  a  lot  line  court  and  said 
court  is  entirely  open  and  free  from  obstruction  from  the  bottom 
thereof  to  the  sky,  said  court  shall  have  areas  and  minimum  widths 
in  all  parts  not  less  than  the  areas  and  widths  specified  in  the  following 
table: 

Building.  Area  in  square  feet.  Least  width. 

2  stories 50 4  feet  0  inches. 

3  stories 50 4  feet  0  inches. 

4  stories 60 C  feet  0  inches. 

5  stories 108 9  feet  0  inches, 

6  stories 144 12  feet  0  inches. 

7  stories 1(JS 14  feet  0  inches. 

8  stories  or  more 225 15  feet  0  inches. 

Air  intakes  in  inner  courts. 

§  16.  Every  inner  court,  including  lot-line  courts,  shall  be  provided 
with  one  or  more  horizontal  air  intakes  at  the  bottom.  Such  intakes 
shall  always  communicate  directly  with  the  street  or  yard,  and  shall 
consist  of  an  unobstructed  i)assagewa3',  not  less  than  three  feet  wide 
and  six  feet  six  inches  high,  which  shall  be  left  open,  or  if  not  open, 
there  shall  always  be  provided  in  said  passageway  open  grilles  or  tran- 
soms one  at  each  end  of  a  size  not  less  than  ten  square  feet  each,  and 
such  open  grilles  or  transoms  shall  never  be  covered  with  glass  or  in 
any  other  way.  In  case  the  court  does  not  go  down  below  the  second 
floor  level,  the  intake  shall  consist  of  unobstructed  open  ducts  having 
an  open  interior  area  of  not  less  than  sixteen  square  feet  at  any  point, 
and  covered  at  each  end  with  a  wire  screen  of  not  less  than  one-inch 
mesh.  Such  duct  shall  be  so  arranged  as  to  be  easily  cleaned  out. 
These  ducts  or  intakes  must  in  any  case  be  either  of  fireproof  con- 
struction  or  lined   with   No.   26  galvanized   iron   on    inside. 

Reducing  yard  of  tenements  prohibited.  Rear  tenements  to  have  access 
to  street. 
§  17.  No  existing  tenement  house  shall  (unless  the  rear  of  the  lot 
upon  which  it  stands  abuts  upon  a  public  alley  at  least  ten  feet  wide) 
hereafter  be  enlarged  or  its  lot  be  diminished  so  that  there  will  not  be  a 
yard  immediately  behind  said  tenement  house  building  of  the  size 
required  by  this  act  for  tenement  house  buildings  hereafter  constructed. 
Where  a  tenement  house,  now  or  hereafter  erected,  stands  upon  a  lot, 
other  than  a  corner  lot.  no  other  building  shall  hereafter  be  placed  upon 
the  front  or  rear  of  that  lot,  unless  the  minimum  distance  between 
such  buildings  shall  be  at  least  ten  feet,  if  neither  building  exceeds 
the  height  of  one  story;  or  twelve  feet  if  either  building  exceeds  the 
height  of  one  story,  but  not  the  height  of  two  stories,  and  so  on,  two 
additional  feet  to  be   added  to  such   minimum   distance   of  ten   feet   for 


2203  TENEMENT  HOUSES.  Act  4098,  §§  18-21 

every  story  more  than  one  in  height  of  the  highest  building  on  such 
lot.  Every  rear  tenement  hereafter  erected,  or  every  tenement  that 
hereafter  becomes  a  rear  tenement  by  the  erection  of  a  building  or 
buildings  on  the  front  of  the  same  lot,  shall  have  direct  access  to  a 
street,  or  to  a  public  alley  at  least  sixteen  feet  wide,  by  a  passageway 
not  less   than  five   feet   wide   by   seven   feet   high. 

Windows. 

§  18.  In  every  tenement  house  hereafter  erected  every  room,  except 
water-closet  compartments  and  bathrooms  shall  have  a  window  or  win- 
dows of  the  area  required  by  section  19  of  this  act,  opening  directly 
upon  the  street  or  upon  a  yard  or  a  court  of  the  dimensions  specified 
in  sections  8  to  16  of  this  act,  and  such  windows  shall  be  located  so  as 
to  properly  light  all  portions  of  such  rooms. 

Total  window  area. 

§  19.  In  every  tenement  house  hereafter  erected,  the  total  window 
area  of  each  room  within  each  apartment,  except  water-closet  compart- 
ments and  bathrooms,  shall  be  at  least  one  eighth  of  the  superficial  area 
of  the  room,  except  in  the  cellar  or  basement,  where  it  shall  be  one- 
sixth,  and  the  upper  half  of  all  windows  shall  be  made  so  as  to  open 
the  full  width.  The  total  window  area  of  any  such  room  shall  never 
be  less  than  twelve  square  feet,  measured  to  outside  of  sash. 

Dimensions  of  rooms. 

§  20.  In  every  tenement  house  hereafter  erected,  all  rooms,  except 
water-closet  compartments  and  bathrooms,  shall  be  of  the  following 
dimensions:  In  each  apartment  there  shall  be  at  least  one  room  con- 
taining not  less  than  one  hundred  and  twenty  square  feet  of  floor  area, 
and  each  other  room  shall  contain  at  least  ninety  square  feet  of  floor 
area.  Each  room  shall  be  in  every  part  not  less  than  nine  feet  from  the 
finished  floor  to  the  finished  ceiling;  provided,  that  an  attic  room  need 
be  but  nine  feet  high  in  but  half  its  area.  Except  that  small  closets, 
and  water-closet  compartments,  and  bathrooms  may  be  not  less  than 
seven  feet  six  inches  in  height  and  except  that  kitchens  or  pantries 
may  be  less  than  ninety  square  feet  of  area;  provided,  that  same  are 
not  occupied  or  intended  or  designed  to  be  occupied  as  bedrooms. 

Alcoves.     Curtains. 

§  21.  In  every  tenement  house  hereafter  erected  an  alcove  in  any 
room  shall  be  separately  lighted  and  ventilated  and  must  conform  to 
all  the  requirements  of  other  rooms,  and  shall  not  be  less  than  ninety 
square  feet  in  area.  No  part  of  any  room  in  a  tenement  house  hereafter 
erected  shall  be  inclosed  or  subdivided  at  any  time,  wholly  or  in  part 
by  a  curtain  or  portiere,  fixed  or  movable  partition,  or  other  contrivance 
or  device,  unless  such  part  of  the  room  so  inclosed  or  subdivided  shall 
contain  a  separate   window   as   herein   required,   and   shall   have   a  floor 


Act  4098,  §§22-25  gent:ral  laws.  2204 

area  of  not  less  than  ninety  square  feet;  provided,  however,  that  closets 
or  alcoves  of  not  more  than  twenty-five  square  feet  floor  area  do  not 
come  within  the  provisions  of  this  section;  provided,  further,  that  it 
shall  be  unlawful  to  do  any  cooking  or  prepare  anj'  food  in  clpsets 
or  alcoves  unless  they  conform  to  all  the  provisions  of  sections  18  and 
19  of  this  act  relative  to  windows. 

Windows  in  public  halls.     Skylights  over  public  halls. 

§  22.  In  every  tenement  house  which  is  hereafter  erected,  which 
is  occufiied  or  arranged  to  be  occupied  by  more  than  two  families  on 
any  floor,  or  which  exceeds  four  stories  and  cellar  in  height,  every 
public  hall  or  stair  hall  shall  have  at  least  one  window  at  each  floor 
opening  directly  upon  the  street  or  upon  a  yard  or  court,  except  as 
otherwise  provided  in  this  section.  Any  part  of  a  hall  divided  off  from 
any  other  part  of  said  hall  by  a  door  or  doors  shall  be  deemed  a  separate 
hall  within  the  meaning  of  this  section;  and  if  no  window  from  such 
hall  opens  directly  upon  a  street  or  upon  a  yard  or  court,  there  shall 
be  a  skylight  over  each  such  public  hall  with  louvres  and  at  least 
twenty  square  feet  of  glass  area  over  buildings  two  stories  in  height. 
The  area  of  glass  in  such  skylight  shall  be  increased  at  a  ratio  of 
six  square  feet  for  each  additional  story  in  height  of  the  building,  and 
a  stair  well  be  provided.  The  clear  open  area  of  such  stair  well  at  each 
floor  to  be  equal  to  one-third  of  the  area  of  the  glass  in  such  skylight, 
and  all  doors  leading  from  such  public  halls  shall  be  provided  with 
translucent  glass  panel  of  an  area  of  not  less  than  five  square  feet  for 
each  door  and  also  with  fixed  transoms  of  translucent  glass  over  each 
door;  provided,  that  in  a  stair  hall  that  does  not  have  a  window  open- 
ing directly  upon  a  street  or  upon  a  yard  or  court  in  lieu  of  such 
window  a  skylight  with  louvres  and  at  least  twenty  square  feet  of 
glass  area  shall  be  constructed  in  the  roof  over  such  stairway. 

Area  of  hall  windows. 

§  23.  In  every  tenement  house  hereafter  erected,  one  at  least  of 
the  windows  provided  to  light  each  public  hall  or  part  thereof  shall 
have  an  area  of  at  least  twelve  square  feet  measured  to  outside  of  sash. 

Area  of  stair  hall  windows. 

§  24.  In  evcrj'  ten(Mnent  house  hereafter  erected,  the  windows  re- 
quired by  law  on  each  floor  to  light  or  ventilate  stair  halls,  shall  be 
at  least  fifteen  square  feet  of  area  measured  to  outside  of  sash.  Sash 
doors  in  entrance  halls  and  public  halls  shall  be  deemed  the  equivalent 
of  a  window  for  lighting  purposes; 'provided,  that  such  doors  contain 
the  amount   of  glazed  surface  prescribed  for  windows. 

Area  of  vent  shafts. 

§  25.  Every  vent  shaft  hereafter  constructed  in  a  tenement  house 
shall  be   at  leir^t  sixteen   square   feet   in   area,   and   the   least   dimension 


2205  TENEMENT  HOUSES.  Act  4098,  §§  26,  27 

of  such  vent  shaft  shall  be  at  least  four  feet;  and,  if  such  vent  shaft 
is  above  fifty  feet  in  height  measured  from  the  bottom  to  the  top  of 
said  shaft,  such  vent  shaft  shall  throughout  its  entire  height  be  in- 
creased in  area  three  square  feet  for  each  addition  of  twelve  feet  or 
fraction  thereof  above  fifty  feet. 

Vent  shafts  of  fireproof  material. 

Every  such  vent  shaft  shall  be  constructed  of  fireproof  materials  or 
shall  be  covered  on  the  outside  (weatherside)  with  metal  and  on  the 
inside  (room  side)  with  metal  lath  and  plaster,  excepting  that  portion 
of  such  vent  shaft  extending  from  the  ceiling  of  the  topmost  story 
of  the  building  may  be  covered  with  metal  on  both  sides  in  lieu  of 
metal   lath   and   plaster. 

Air  intakes  in  vent  shafts.     Plumbing  in  vent  shafts. 

Every  such  vent  shaft  shall  be  provided  with  an  air  intake  or  duct  at 
the  bottom,  communicating  with  the  street  or  yard,  or  a  court;  such  air 
intake  shall  be  three  square  feet  in  total  area;  such  air  intake  may  be 
divided  into  not  more  than  three  separate  ducts  running  between  the 
joists  or  otherwise,  and  shall  in  all  eases  be  placed  as  nearly  horizontal 
as  possible.  Such  ducts  shall  be  constructed  of  fireproof  material  and 
shall  enter  the  shaft  at  or  near  the  bottom  thereof,  and  shall  be  pro- 
vided wuth  a  wire  screen  of  not  more  than  one-inch  mesh  at  each  end. 
Plumbing,  gas,  steam  or  other  similar  pipes  may  be  placed  in  a  vent 
shaft. 

Water-closets. 

§  26.  In  every  apartment  of  four  or  more  rooms  in  a  tenement  house 
hereafter  erected,  access  to  every  living  room  and  bedroom  and  to  at 
least  one  water-closet  compartment  shall  be  had  without  passing 
through   any   bedroom. 

No  living  rooms  in  cellars.     Living  rooms  in  basements. 

§  27.  In  no  tenement  house  hereafter  erected,  shall  any  room  in 
the  cellar  be  constructed,  altered,  converted  or  occupied  for  living 
purposes;  and  no  room  in  the  basement  of  a  tenement  house  shall  be 
constructed,  altered,  converted,  or  occupied  for  living  purposes,  unless 
all  of  the  following  conditions  of  this  act  be  complied  with,  and  at 
least  two-thirds  of  the  basement  shall  be  above  grade  for  building; 
provided,  in  each  case  of  each  such  room  the  ceiling  shall  be  at  least 
seven  feet  above  the   adjoining  street   grades   and  actual  ground  levels. 

(1)  Such  rooms  shall  be  at  least  nine  feet  in  every  part  from  the 
floor  to  the  ceiling. 

(2)  There  shall  be  appurtenant  to  such  room  or  apartment  a  water- 
closet  conforming  to  the  regulations  and  ordinances  relating  to  water- 
closets,  of  the  incorporated  town,  incorporated  city  or  city  and  county 
in  which  the  tenement  house  is  or  is  to  be  built. 


Act  4098,  §§28-31  general  laws.  2206 

Damp-proofed  walls. 

§  28.  If  the  basement  of  any  tenement  house  hereafter  erected  is 
used  or  designed  to  be  used  for  living  purposes  it  shall  have  all  walls 
below  the  ground  level  and  all  cellar  or  lower  floors  damp-proofed  and 
waterproofed.  When  necessary  to  make  such  floors  and  walls  damp 
proof  and  waterproof,  the  damp-proofing  and  waterproofing  shall  run 
through  the  walls  as  high  as  the  ground  level  and  continue  throughout 
the  floor.  All  cellars  and  basements  in  such  tenement  houses  shall 
be  properly  lighted  and  ventilated  to  the  satisfaction  of  the  department 
charged   with  the  enforcement  of  this  act. 

Drainage  of  courts,  shafts,  etc. 

§  29.  In  e\ery  tenement  house  hereafter  erected  the  bottom  of  all 
shafts,  courts,  areas,  and  yards  which  extend  to  the  basement  for  light- 
er ventilation  of  living  rooms,  shall  not  be  more  than  two  feet  above 
the  floor  of  the  lowest  apartment  abutting  on  such  court,  shaft,  area 
or  yard.  In  every  tenement  house  all  shafts,  courts,  areas  and  yards 
shall  be  properly  graded  and  drained  and  connected  with  the  street  or 
sewer  so  that  all  water  may  pass  freely  through  into  it,  and  when 
required  by  the  department  charged  with  the  enforcement  of  this  act, 
shall  be  properly   concreted. 

Sinks. 

§  30.  In  every  tenement  house  hereafter  erected,  there  shall  be  in 
each  apartment  a  proper  sink  with  running  water. 

Water-closets,  bathtubs,  etc.  Water-closet  windows.  Lighting.  Floor 
waterproof. 

§  31.  lu  every  tenement  house  hereafter  erected  there  shall  be  a 
sejiarate  water-closet  in  a  separate  compartment  within  each  apart- 
ment, and  one  shower-bath  or  bathtub  in  a  separate  compartment,  shall 
be  provided  on  each  floor  for  every  ten  rooms  or  fraction  thereof  and 
arranged  so  that  one  bathtub  or  shower  is  accessible  to  each  apartment; 
provided,  that  where  there  are  apartments  consisting  of  but  one  or  two 
rooms  there  may  be  one  water-closet  compartment  for  every  two  such 
apartments  accessible  from  each  such  apartment  through  the  public  hall, 
and  not  more  than  twenty  feet  distant  from  an  entrance  of  each  such 
apartment. 

Each  compartment  shall  not  be  less  than  two  feet  four  inches  wide 
and  shall  be  inclosed  with  plastered  partitions  which  shall  extend  to  the 
ceiling. 

Every  such  water-closet  compartment  shall  have  a  window  or  windows 
of  at  least  six  square  feet  total  area  opening  directly  upon  a  vent  shaft, 
court,  street  or  yard. 

However,  a  bathtub  or  shower  may  be  placed  in  a  separate  water- 
closet  compartment  where  neither  bathtub  or  shower,  or  water-closet 
are  to  be  used  by  more  than  one  apartment. 


2207  TENEMENT  HOUSES.  Act  4098,  §§  32,  33 

Every  water  closet  compartment  shall  be  provided  with  proper  means 
for  lighting  same  by  night. 

The  floor  of  every  such  water-closet  compartment  shall  be  made  water- 
proof with  asphalt,  tile,  cement  or  some  other  nonabsorbent  waterproof 
material,  which  shall  be  satisfactory  to  the  department  charged  with  the 
enforcement  of  this  act. 

Number  of  rooms  in  wooden  tenement. 

§  32.  No  wooden  tenement  house  shall  hereafter  be  erected  which 
shall  contain  more  than  one  hundred  and  fifty  rooms  exclusive  of  bath- 
rooms. 

Height  of  wooden  tenement.  No  stores.  Amusement  rooms  in  base- 
ment.    Window  area.     Basement  with  living  rooms  deemed  a  story. 

§  33.  No  wooden  tenement  house  exceeding  three  stories  in  height, 
exclusive  of  cellar,  shall  hereafter  be  erected.  However,  the  building 
may  step  up  or  down  to  follow  the  grade;  provided,  no  part  of  the  said 
building  is  over  three  stories  in  height;  provided,  however,  that  a 
wooden  tenement  containing  a  basement  or  a  full  first  story  the  floor  of 
which  is  not  below  the  level  of  the  curb  may,  where  such  basement 
or  story  is  not  used  or  designed  to  be  used  for  living  purposes,  be 
constructed  with  not  more  than  three  stories  of  living  apartments  above 
such  basement  or  such  first  story;  and  provided,  further,  that  when 
three  stories  of  living  apartments  are  constructed  or  designed  to  be  con- 
structed or  occupied  above  such  first  story  or  basement  of  a  wooden 
tenement  such  first  story  or  basement  shall  not  be  of  such  height  as  to 
have  more  than  fourteen  feet  or  less  than  nine  feet  between  the  fin- 
ished  floor   and   finished   ceiling. 

Where  such  wooden  tenement  contains  three  stories  designed  for 
living  purposes  no  stores  shall  be  placed  therein. 

Whenever  in  a  wooden  tenement  three  stories  of  apartments  de- 
signed for  living  purposes  are  constructed  above  such  last-mentioned 
basement  or  story,  such  basement  er  story  may  contain  reception  or 
amusement  rooms,  not  to  exceed  five  in  number,  which  shall  be  for  the 
use  of  the  tenants  of  the  building  and  are  not  to  be  used  for  commercial 
])urposes,  and  shall  not  contain  apartments  used  or  designed  to  be  used 
for  living  purposes. 

Every  tenement  house  may  contain  not  to  exceed  five  such  reception 
or  amusement  rooms  for  tht  use  of  the  tenants  of  the  building  and  not  to 
be  used  for  commercial  purposes.  Every  reception  or  amusement  room 
shall  have  a  minimum  floor  area  of  not  less  than  one  hundred  and  fifty 
square  feet  and  a  minimum  width  of  not  less  than  ten  feet  and  shall 
have  a  window  or  windows  therein,  opening  upon  a  street  or  public 
alley,  or  other  public  thoroughfare  or  public  park,  or  court  or  yard, 
as  follows: 

When  such  room  contains  not  more  than  one  hundred  and  eighty 
square  feet  of  floor  area  the  window  area,  if  said  room  is  not  a  basement 


Act  4098,  §§  34-36  general  laws.  2208 

room,  shall  be  not  less  than  one-eighth  the  superficial  area  of  said  room, 
and  if  located  in  a  basement  shall  be  not  less  than  one-sixth  the  super- 
ficial area  of  such  room,  and  the  upper  half  of  the  windows  shall  be 
made  so  as  to  open  the  full  width. 

No  reception  or  amusement  room  containing  more  than  one  hundred 
and  eighty  square  feet  of  floor  area  shall  have  a  lesser  window  area 
than  that  provided  for  such  rooms  containing  one  hundred  and  eighty 
square  feet  of  floor  area. 

No  such  reception  or  amusement  room  shall  be  used  for  lodgings, 
sleeping  a[)artments  or  family  domicile. 

Whenever  such  reception  or  amusement  rooms  are  placed  in  a  wooden 
tenement  building  or  in  a  tenement  which  is  not  a  wooden  tenement, 
the  story  or  basement  in  which  such  rooms  are  located  shall  have  a 
minimum  height  between  the  finished  floor  and  finished  ceiling  of  not 
less  than  nine  feet. 

No  wooden  tenement  shall  contain  more  than  three  stories  used  or  de- 
signed to  be  used  for  living  purposes  and  a  basement  containing  living 
apartments  shall  be  counted  as  a  story  in  determining  the  number  of 
stories  of  a  tenement  house.  Such  tenement  house  may  step  up  or  down 
to  follow  the  grade. 

Nonfireproof  tenement  may  be  four  stories  high. 

§  34,  A  nonfire]>roof  tenement  house  may  be  built  four  stories  in 
height;  provided,  the  exterior  walls  are  all  of  brick  or  stone  or  concrete 
and  all  other  municipal  requirements  for  this  class  of  building  are  com- 
plied with.  If  in  addition  to  above  requirements  all  joists,  girders, 
studding,  furring  and  the  soflits  of  stairs  be  lathed  with  metal  lath  and 
plastered,  such  tenement  houses  may  be  built  not  to  exceed  six  stories; 
jirovided,  the  height  limits  imposed  by  municipal  ordinance  for  all 
buildings  of  this  particular  class  be  not  exceeded.  A  cellar  is  not  a 
story  within  the  meaning  of  this  section.  However,  the  building  may 
step  up  or  down  to  follow  the  grade,  provided  that  no  part  of  said 
building  exceeds  the  number  of  stories  provided   for  in   this  section. 

Tenements  over  six  stories  to  be  fireproof, 

§  35.  Every  tenement  house  hereafter  erected  exceeding  six  storie* 
or  parts  of  stories  in  height  (above  the  curb)  shall  be  a  fireproof  tene- 
ment house.     A  cellar  is  not  a  story  within  the  meaning  of  this  section. 

Stand-pipes  and  fire-escapes. 

§  36.  Every  tenement  house  shall  be  provided  and  equipped  with 
stand  pipes  and  with  metallic  fire-escapes,  combined  with  suitable 
metallic  balconies,  ])latforms  and  railings,  as  provided  for,  or  which 
shall  be  provided  for  by  the  ordinances  of  the  incorporated  town,  in- 
corporated city  or  city  and  county  in  which  the  tenement  house  is 
situated.  No  encumbrance  of  any  kind  shall  at  any  time  be  placed  be- 
fore, upon  or  against  any  stairway,  steps  or  landings  or  fire-escapes  in 


2209  TENEMENT  HOUSES.  Act  4098,  §§  37-40 

or  upon  any  tenement  house.  All  fire-escapes  upon  tenement  houses 
shall  be  kept  in  good  order  and  repair,  and  every  exposed  part  thereof 
shall  at  all  times  be  protected  against  rust  by  durable  paint. 

Stairway  to  roof. 

§  37.  Every  tenement  house  hereafter  erected,  more  than  two  stories 
in  height,  shall  have  a  stairway  not  less  than  three  feet  in  width  lead- 
ing to  an  opening  on  to  the  roof  and  provided  with  a  penthouse  over 
such  a  stairway  (such  penthouse  to  be  constructed  on  the  inside  and 
ceiling  of  same  materials  as  required  in  this  section  for  the  walls  in- 
closing stairway,  and  provided  with  a  door).  Such  stairway  shall  be 
provided  with  proper  handrail  and  be  inclosed  with  walls  of  fireproof 
materials  or  wood  studs  lathed  on  the  stair  side  with  metal  lath  and 
plaster,  or  such  wood  studs  may  be  covered  with  metal  in  lieu  of  metal  lath 
and  plaster.  Any  door  opening  from  such  stairway  to  the  roof  space 
shall  be  covered  on  the  stair  side  with  metal.  The  soHHr;  of  all  such 
stairs  shall  be  covered  with  metal  or  metal  lath  plastered. 

Stairs  from  entrance  to  roof. 

§  38.  Every  tenement  house  hereafter  erected,  more  than  two  stories 
in  height,  shall  have  at  least  one  flight  of  stairs,  extending  from  the  en- 
trance floor  to  the  roof  and  the  stairs  and  public  halls  therein  shall  be 
at  least  three  feet  wide  in  the  clear  and  every  nonfireproof  tenement 
house  containing  not  more  than  fifty  rooms  shall  have  a  secondary  flight 
of  stairs  running  from  the  top  floor  down  to  the  second  floor  and  not 
less  than  two  feet  six  inches  wide.  A  fire-escape  may  take  the  place 
of  this  second  stairway,  provided  said  fire-escape  connects  directly  with 
a  public  hallway  or  is  accessible  to  each  apartment. 

Stairs  in  nonfireproof  tenements. 

§  39.  Every  nonfireproof  tenement  house  hereafter  erected  contain- 
ing over  fifty"  rooms,  exclusive  of  bathrooms,  above  the  entrance  story, 
shall  also  have  an  additional  flight  of  stairs  for  every  additional  eighty 
rooms  or  fraction  thereof,  if  said  house  contains  not  more  than  one 
hundred  rooms  above  the  entrance  story,  in  lieu  of  an  additional  stair- 
way, the  stairs,  stair  halls  and  entrance  halls  throughout  the  entire 
building  shall  be  at  least  one-half  wider  than  is  specified  in  sections 
38  and  42  of  this  act.  However,  where  an  additional  flight  of  stairs 
is  added  in  accordance  with  the  provisions  of  this  section,  the  secondary 
stairway  required  in  section  39  may  be  omitted. 

Additional  stairs  in  fireproof  tenements  having  more  than  one  hundred 
and  twenty  rooms. 
§  40.     Every    fireproof    tenement    house    hereafter    erected    containing 
over  one  hundred  and  twenty  rooms  above  the  entrance  story,  exclusive 
of   bathrooms,   shall   have    an    additional   flight   of   stairs   for   every   ad- 
ditional one  hundred  and  twenty  rooms  or  fraction  thereof,  but  if  said 
139 


Act  4098,  §§  41^5  general  laws.  2210 

house  contains  not  more  than  one  hundred  and  eighty  rooms  above  the 
entrance  story,  exclusive  of  bathrooms,  in  lieu  of  an  additional  stair- 
way the  stairs,  stair  halls  and  entrance  halls  throughout  the  entire 
building  may  each  be  at  least  one-half  wider  than  is  specified  in  sections 
38  and  42  of  this  act,  and  if  such  house  contains  not  more  than  three 
hundred  rooms  above  entrance  story,  exclusive  of  bathrooms,  in  lieu 
of  four  stairways  there  may  be  but  three  stairways;  provided,  that  one 
of  such  stairways  and  the  stair  halls  and  entrance  halls  connected  there- 
with are  at  least  one-half  wider  than  is  specified  in  sections  38  and  42 
of  this  act. 

Construction  of  stairs. 

§  41.  Each  flight  of  stairs  mentioned  in  the  last  two  sections  shall 
have  an  entrance  on  the  entrance  floor  from  the  street  or  street  court, 
or  from  an  inner  court  which  connects  directly  with  the  street.  All 
stairs  shall  be  constructed  with  a  rise  of  not  more  than  eight  inches, 
and  with  treads  not  less  than  nine  inches  wide,  exclusive  of  nosings. 
Where  winders  are  used  all  treads  at  a  point  eighteen  inches  from  the 
strings  on  the  wall  side  shall  be  at  least  ten  inches  wide. 

Entrance  halls. 

§  42.  Every  entrance  hall  in  a  tenement  house  hereafter  erected 
shall  beat  least  three  feet  six  inches  in  the  clear  from  the  entrance  up  to 
and  including  the  stair  closure,  and  beyond  this  point  three  feet  wide 
in  the  clear.  In  every  tenement  house  hereafter  erected,  access  shall 
be  had  from  the  street  to  the  yard,  either  in  a  direct  line  or  through 
a  court. 

No  closets  under  stairways. 

§  43.  In  noufircproof  tenement  houses  hereafter  erected  no  closet  of 
any  kind  shall  be  constructed  under  any  stairway  leading  from  the  first 
story  exclusive  of  the  cellar,  to  the  upper  stories,  but  such  space  shall 
be  left  entirely  open  and  kept  clear  and  free  from  encumbrance. 

Cellar  entrances. 

§  44.  In  every  tenement  house  hereafter  erected  there  shall  be  an 
entrance  to  the  cellar  or  other  lowest  story  from  the  outside  of  said 
building. 

Tenements  not  to  be  increased  in  height. 

§  45.  No  tenement  house  shall  be  increased  in  height  or  its  lot 
decreased  so  that  its  yard  shall  be  diminished  to  less  than  is  required 
by  sections  8  to  11  inclusive  of  this  act,  or  so  that  a  greater  percentage 
of  the  lot  shall  be  occupied  by  buildings  or  structures  than  provided  for 
in  section  5  of  this  act.  For  the  purpose  of  this  section,  the  measure- 
ments for  computing  the  percentage  of  lot  to  be  occupied  may  be  taken 
at  the  level  of  the  second  tier  of  beams,  the  second  floor  level,  except 
in  tenement  houses  where  rooms  on  the  ground  floor  are  to  be  occupied 


2211  TENEMENT  HOUSES.  Act  4098,  §§  46-51 

as  sleeping  apartments;  provided,  that  the  space  occupied  bv  open  iron 
fire-escapes  and  by  chimneys  or  flues  located  in  yards  and  attached  to 
the  house,  which  do  not  exceed  five  square  feet  in  area  and  do  not  ob- 
struct the  light  or  ventilation,  shall  not  be  deemed  part  of  the  lot 
occupied. 

Height  limited  to  one-half  width  of  street. 

§  46.  No  tenement  house  shall  be  increased  in  height  so  that  said 
building  shall  exceed  in  height  by  more  than  one-half  the  width  of 
the  widest  street  on  which  it  stands. 

Area  of  shafts  or  courts. 

§  47.  Any  shaft  or  court  used  or  intended  to  be  used  to  light  or 
ventilate  rooms  intended  to  be  used  for  living  purposes,  and  which  may 
hereafter  be  placed  in  tenement  houses  erected  prior  to  the  passage  of 
this  act,  shall  not  be  less  in  area  than  twenty-five  square  feet,  or  less 
than  four  feet  in  width  in  any  part,  and  such  shaft  shall  under  no  circum- 
stances  be   roofed   or  covered  over  at  the   top  with   a  roof   or   skylight. 

Additional  rooms  to  comply  with  a«t. 

§  48.  Any  additional  room  or  hall  that  is  hereafter  constructed  or 
created  in  a  tenement  house  shall  apply  in  all  respects  with  the  pro- 
visions of  this  act  applicable  to  tenement  houses  to  be  erected  here- 
after, except  that  such  rooms  may  be  the  same  height  as  the  other 
rooms   of  the   same   story  of  the   house. 

Light  or  ventilation  not  to  be  diminished. 

§  49.  No  tenement  house  shall  be  so  altered  that  any  room  or  pub- 
lie  hall  or  stairs  shall  have  its  light  or  ventilation  diminished  in  any 
way  not  approved  by  the  health  department  or  other  department  des- 
ignated by  municipal  ordinance  for  that  purpose. 

Rooms  not  to  be  subdivided  by  curtains. 

§  50.  No  part  of  anj'  room  in  any  tenement  house  shall  hereafter  be 
inclosed  or  subdivided  wholly  or  in  part,  by  a  curtain,  portiere,  fixed  or 
movable  partition,  or  other  contrivance  or  device,  unless  such  part  of  the 
room  so  inclosed  or  subdivided,  shall  contain  a  window  as  required  by 
section  18  of  this  act,  and  have  a  floor  area  of  not  less  than  ninety 
square  feet;  provided,  however,  that  closets  or  alcoves  of  not  more  than 
twenty  five  square  feet  in  area  do  not  come  within  the  provisions  of 
this  section. 

New  water-closets. 

§  51.  Every  new  water-closet  hereafter  placed  in  a  tenement  house, 
except  one  provided  to  replace  a  defective  or  antiquated  fixture  in  the 
same  location,  shall  comply  with  the  provisions  of  section  31  of  this 
act  relative  to  water-closets  in  tenement  houses  hereafter  erected. 


Act  4098,  §§52-58  general  laws.  2212 

Wooden  tenements  limited  to  one  hundred  and  fifty  rooms. 

§  52.  No  existing  wooden  tenement  house  shall  hereafter  be  in- 
creased in  size  so  as  to  contain  more  than  one  hundred  and  fifty  rooms 
exclusive  of  bathrooms. 

Not  to  exceed  three  stories  high. 

§  53.  No  wooden  tenement  house  shall  be  increased  in  height  so  as 
to  exceed  three  stories,  exclusive  of  the  cellar.  However,  the  building 
may  step  up  or  down  to  follow  the  grade;  provided  no  part  of  said 
building  is  over  three  stories  in  height. 

Alteration  of  nonfireproof  tenements. 

§  54.  A  nonfireiiroof  tenement  house  may  hereafter  be  altered  to  be 
four  stories  in  height;  provided,  the  exterior  walls  are  all  brick  or  stone 
or  concrete  and  all  other  municipal  requirements  for  this  class  of  build- 
ing are  complied  with.  If  in  addition  to  the  above  requirements  all 
joists,  girders,  studding,  furring  and  the  soffits  of  stairs  be  lathed  with 
metal  lath  and  plastered,  such  tenement  houses  may  be  built  not  to 
exceed  six  stories;  provided,  the  height  limits  imposed  by  municipal 
ordinances  for  all  buildings  of  this  particular  class  be  not  exceeded. 
A  cellar  is  not  a  story  within  the  meaning  of  this  section.  However, 
the  building  may  step  up  or  down  to  follow  the  grade;  provided  no 
part  of  the  said  building  exceeds  the  number  of  stories  provided  for 
in   this  section. 

Only  fireproof  tenements  over  six  stories. 

§  55.  No  tenement  house  shall  hereafter  be  altered  to  exceed  six 
stories  or  parts  of  stories  in  height  unless  it  is  a  fireproof  tenement 
house.     A   cellar  is  not  a  story  within   the   meaning  of   this   section. 

Stairs  to  roof  not  to  be  removed. 

§  56.  No  stairs  leading  to  the  roof  in  any  tenement  house  shall  be 
removed  or  replaced  with  a  ladder,  unless  a  new  stairway  is  built  in 
conformity  with  the  requirements  of  section  37. 

Public  halls  not  to  be  reduced. 

§  57.  No  public  hall  or  stairs  in  a  tenement  house  shall  be  reduced 
in  width  so  as  to  be  less  than  the  minimum  width  prescribed  in  sections 
38  and  42  of  this  act. 

Light  burning  in  hall. 

§  58.     In    every    tenement    house    containing    fifteen    rooms    or    more, 

where  the  public   halls  and  stairs  are  not   in  the   opinion  of  the  health 

department    or    other    department    designated    by    municipal  ordinance 

for  that  purpose,  sufficiently  lighted,  the  owner  of  such  house  shall  keep 

a   proper   light  burning  in   the  hallway   near   the   stairs   upon  each   floor 
from  sunrise  to  sunset. 


2213  TENEMENT  HOUSES.         Act  4098,  §§  59-62 

Light  in  hall  from  sunset  to  sunrise. 

§  59.  In  every  tenenieut  house  containing  fifteen  rooms  or  more,  a 
proper  light  shall  be  kept  burning  by  the  owner  in  the  public  hallways, 
near  the  stairs,  upon  the  entrance  floor,  and  upon  the  second  floor  above 
the  entrance  floor  of  said  house  every  night  from  sunset  to  sunrise 
throughout  the  year,  and  upon  all  other  floors  of  the  said  house  from 
sunset  until  10  o'clock  in  the  evening. 

Water-closets  in  cellar. 

§  60.  No  water-closets  shall  be  maintained  in  the  cellar  of  any  ten- 
ement house  without  a  special  permit  in  writing  from  the  health  de- 
partment, or  other  department  designated  by  municipal  ordinance  for 
that  purpose  which  shall  have  power  to  make  rules  and  regulations 
governing   the   maintenance   of   such   closets. 

One  water-closet  to  two  families. 

§  61.  In  every  tenement  house  existing  prior  to  the  passage  of 
this  act,  at  least  one  water-closet  shall  be  provided  for  every  two  fam- 
ilies; provided,  however,  that  the  health  department  or  other  depart- 
ment designated  by  municipal  ordinance  for  that  purpose  may  exempt 
any  tenement  house  existing  prior  to  the  passage  of  this  act  from  the 
provision  in  this  section  above  contained,  whenever,  in  the  judgment 
of  said  department,  it  would  not  be  detrimental  to  the  health  of  the 
occupants  of  said  tenement  house  and  the  written  permit  be_  signed  by 
an  officer  of  said  department  authorized  so  to  do  and  filed  in  said  de- 
partment as  a  part  of  its  records;  provided,  further,  that  the  above 
exemption  shall  not  apply  to  extensions  of  or  additions  to  tenement 
houses  existing  prior  to   the  passage  of  this   act. 

No  living  rooms  in  cellar  except  on  certain  conditions. 

§  62.  In  no  now  existing  tenement  house  shall  any  room  in  the  cellar 
be  constructed,  altered,  converted  or  occupied  for  living  purposes;  and 
no  room  in  the  basement  of  a  tenement  house  shall  be  constructed, 
altered,  or  converted  to  be  occupied  for  living  purposes,  unless  all  of 
the  following  conditions  of  this  act  be  complied  with,  and  at  least 
two  thirds  of  the  basement  shall  be  above  grade  for  building;  provided, 
in  each  case  it  shall  be  at  least  seven  feet  above  the  street  grade  and 
actual  ground  level.  Such  rooms  shall  be  at  least  eight  feet  six  inches 
high  in  all  now  existing  tenement  houses  in  every  part,  from  the  floor 
to  the  ceiling.  There  shall  be  appurtenant  to  such  room  or  apartment 
a  water-closet  conforming  to  the  regulations  and  ordinances  relating 
to  water-closets,  of  the  incorporated  town,  incorporated  city,  or  city 
and  county  in  which  the  tenement  house  is  or  is  to  be  built.  All  walls 
shall  be  damp-proofed,  and  there  shall  be  an  open  areaway  extending 
to  bottom  of  basement  floor  and  running  dear  across  outside  of  at  least 
one  room  in  each  apartment. 


Act  4098,  §§63-70  general  laws.  2214 

Floors  around  water-closets  to  be  kept  m  repair. 

§  63.  In  all  tenemeut  houses  the  floor  and  wall  surfaces  beneath  and 
around  all  water-closets  and  sinks  shall  be  maintained  in  good  order 
and  repair,  and  if  of  wood  shall  be  kept  well  painted  with  light  colored 
paint. 

Roof  kept  in  repair. 

§  64.  The  owner  of  every  tenement  house  shall  see  that  such  house 
and  all  parts  thereof  shall  be  kept  in  good  order  and  the  roof  shall  be 
kept  so  as  not  to  leak,  and  all  rain  water  shall  be  so  drained  and  con- 
veyed therefrom  as  to  prevent  its  dripping  on  the  ground  or  causing 
dampness  in  the  walls,  ceilings,  yards,  or  areas. 

To  be  kept  clean. 

§  65.  The  owner  of  every  tenement  house  shall  see  that  such  house 
and  every  part  thereof  shall  be  kept  clean  and  free  from  any  accumula- 
tion of  dirt,  filth  or  garbage  or  other  matter  in  or  on  the  same,  or  in 
the  yards,  courts,  passages,  areas  or  alleys  connected  or  belonging  to 
the  same. 

Court  walls  whitewashed. 

§  66.  The  walls  of  all  yard  courts,  inner  courts  and  shafts,  unless 
built  of  light  colored  brick  or  stone,  shall  be  thoroughly  whitewashed 
by  the  owner,  lessee  or  tenant,  or  shall  be  painted  a  light  color  and 
so  maintained. 

Paint  to  improve  lighting  of  rooms. 

§  67.  In  all  tenement  houses,  the  health  department  or  other  de- 
partment designated  by  municipal  ordinance  for  that  purpose  may 
require  the  walls  and  ceilings  of  every  room  that  does  not  open  directly 
on  the  street  to  be  kalsomined  white  or  painted  with  white  paint  when 
necessary  to  improve  the  lighting  of  such  rooms,  and  may  require  this 
to  be  renewed  as  often  as  may  be  necessary. 

Wallpaper. 

§  68.  No  wallpaper  shall  be  placed  upon  a  wall  or  ceiling  of  any 
tenement  house  unless  all  wallpaper  shall  be  first  removed  therefrom 
and  said  wall  and  ceiling  thoroughly  cleaned. 

Garbage  receptacles. 

§  69.  The  owner  of  every  tenement  house  shall  provide  for  said 
building  proper  and  suitable  conveniences  or  receptacles  for  ashes, 
rubbish,  garbage,  refuse  and  other  matter. 

Animals  not  to  be  kept  in  tenements. 

§  70.  No  horse,  cow,  calf,  swine,  goat,  rabbit,  or  sheep,  chickens 
or  i>oultry  shall  be  kept  in  a  tenemeut  house,  or  within  twenty  feet 
thereof  on  the  same  lot,  and  no  tenement  house  or  the  lot  or  premises 


2215  TENEMENT  HOUSES.        Act  4098,  §§  71-75 

thereof,  shall  be  used  for  a  lodging  house  or  stable,  or  for  the  storage 
or  handling  of  rags. 

Janitor. 

§  71.  Whenever  there  shall  be  more  than  eight  families  living  in 
any  tenement  house,  in  which  the  owner  does  not  reside,  there  shall 
be  a  janitor,  housekeeper,  or  some  resi)ousible  person  who  shall  reside 
in  said  house  and  have  charge  of  same,  as  the  department  charged 
with  the  enforcement  of  this  act  shall  so  require. 

Four  hundred  cubic  feet  of  air  to  each  person. 

§  72.  No  room  in  any  tenement  house  shall  be  so  overcrowded  that 
there  shall  be  afforded  less  than  four  hundred  cubic  feet  of  air  to  each 
person   occupying  such  room. 

Combustible  articles  not  to  be  stored  in  tenements. 

§  73.  No  tenement  house  or  any  part  thereof,  nor  of  the  lot  upon 
which  it  is  situated,  shall  be  used  as  a  place  of  storage,  keeping  or 
handling  of  any  combustible  article  except  under  such  conditions  as 
may  be  prescribed  by  the  department  of  any  incorporated  town,  in- 
corporated city,  or  city  and  county  to  which  this  act  applies,  which 
are  now  charged  with  the  enforcement  of  laws,  ordinances,  or  regu- 
lations, relating  to  the  erection  of  buildings,  the  protection  of  public 
health,  and  police  and  fire  protection.  No  tenement  house  nor  any 
part  thereof,  nor  of  the  lot  upon  which  it  is  situated,  shall  be  used 
as  a  place  of  storage,  keeping  or  handling  of  any  article  dangerous  or 
detrimental  to  life  or  health,  nor  for  the  storage,  keeping  or  handling 
of  feed,   hay,  straw,   excelsior,  cotton,  pa£er  stock,  feathers  or  rags. 

Bakery  in  tenements. 

§  74.  No  bakery,  and  no  place  of  business  in  which  fat  is  boiled 
shall  be  maintained  in  any  tenement  house  which  is  not  fireproof 
throughout,  unless  the  ceilings  and  side  walls  of  said  bakery  or  place 
where  fat  boiling  is  done  are  made  safe  by  fireproof  materials 
around  the  same,  and  there  shall  be  no  openings  either  by  door  or 
window,  dumb-waiter  shafts  or  otherwise,  between  said  bakery  or  said 
place  where  fat  is  boiled  in  any  tenement  house  and  the  other  parts 
of  said  building. 

Transoms  where  paints  are  stored. 

§  75.  All  transoms  and  windows  opening  into  halls  from  any  portion 
of  a  tenement  house  where  paint,  oil,  spirituous  liquors  or  drugs  are 
stored  for  the  purpose  of  sale  or  otherwise,  shall  be  glazed  with  wire 
glass  or  they  shall  be  removed  and  closed  up  solidly  as  the  rest  of  the 
wall.  And  all  doors  leading  into  such  hall  from  such  portion  shall  be 
made  fireproof, 


Act  4098,  §§76-79 


GENER.VL.   LAWS. 


2216 


Scuttles  and  penthouses. 

§  76.  All  scuttles  and  penthouses  and  all  stairs  or  ladders  leading 
thereto  shall  be  easily  accessible  to  all  tenants  of  the  building,  and 
kept  free  from  encumbrance,  and  ready  for  use  at  all  times.  No 
scuttle  and  no  penthouse  door  shall  at  any  time  be  locked  with  a  key, 
but  either  may  be  fastened  on  the  inside  by  movable  bolts  or  hooks. 

Sleeping-rooms  to  have  windows  on  streets,  etc. 

§  77.  Xo  room  in  a  tenement  house  erected  prior  to  the  passage  of 
this  act  shall  hereafter  be  occupied  for  sleeping  purposes,  unless  it 
shall  have  a  window  o[>ening  directly  upon  the  street,  or  upon  a  yard 
not  less  than  ten  feet  deep,  or  above  the  roof  of  an  adjoining  building, 
or  upon  a  court  of  not  less  than  twenty  square  feet  in  area,  open  to  the 
sky  without  roof  or  skylight,  unless  such  room  is  located  on  the  top 
floor  and  is  adequately  lighted  and  ventilated  by  a  skylight  opening 
directly  to  the  outer  air,  or  is  on  the  top  floor  and  has  a  window  open- 
ing upon  a  court  not  less  than  ten  square  feet  in  area  and  not  more 
than  three  feet  below  the  top  of  the  walls  of  said  court.  Every  room 
in  such  tenement  house,  regardless  of  the  use  thereof,  shall  comply 
with  the  above  provisions;  or,  if  the  room  be  not  used  for  sleeping 
purposes,  shall  be  provided  with  a  sash  window,  opening  into  an  ad- 
joining room  in  the  same  apartment  which  latter  room  either  opens 
directly  on  the  street  or  on  a  yard  of  the  above  dimensions.  Said  sash 
window  shall  be  a  vertically  sliding  pulley,  hung  sash  not  less  than 
tliree  feet  by  five  feet  between  stop  beads;  both  halves  shall  be  made 
so  as  to  readily  open,  and  shall  be  glazed  with  translucent  glass,  and  so 
far  as  possible  it  shall  be  in  line  with  windows  in  outer  rooms  opening 
on  the  street  or  yard  as  to  afford  a  maximum  of  light  and  ventilation. 

Glass  may  be  req,uired  in  doors  of  public  halls. 

§  78.  In  all  now  existing  teiiomont  houses  whenever  a  public  hall 
on  any  floor  is  not  light  enough  in  the  daytime  to  permit  a  person  to 
read  in  every  part  thereof  without  the  aid  of  artificial  light,  the  wooden 
panels  in  the  doors  located  at  the  ends  of  the  public  halls  and  opening 
into  rooms  shall  be  removed,  and  ground  glass  or  other  translucent  glass 
or  wire  glass  panels  of  an  aggregate  area  of  not  less  than  four  square 
feet  for  each  door  shall  be  substituted;  or  said  public  hall  may  be 
lighted  by  a  window  at  the  end  thereof  with  the  plane  of  the  window  at 
right  angles  to  the  axis  of  the  said  hall,  said  window  opening  upou  the 
street  or  upon  a  yard  or  court. 

Space  under  water-closet  seats  open. 

§  79.  In  all  now  existing  tenement  houses,  the  woodwork  inclosing 
all  water-closets  shall  be  removed  from  the  front  of  said  closets  and  the 
space  underneath  the  seat  shall  be  left  open.  The  floor  and  other  sur- 
face beneath  and  around  the  closet  shall  be  maintained  in  good  order 
and  repair  and  if  of  wood  shall  be  kept  well  painted  with  light  colored 
paint. 


2217  TENEMENT  HOUSES.  Act  4098,  §§  80-83 

Space  under  sinks  open. 

§  80.  In  all  now  existing  tenement  houses  the  woodwork  inclosing 
sinks  or  lavatories,  located  in  rooms,  located  in  public  halls  or  stairs 
shall  be  removed,  and  the  space  underneath  sink  or  lavatory,  shall  be 
left  open.  The  floors  and  wall  surface  beneath  and  around  the  sink 
or  lavatory  shall  be  maintained  in  good  order  and  repair,  and  if  of 
wood  shall  be  well  painted. 

Access  to  shafts  for  cleaning. 

§  81.  In  all  now  existing  tenement  houses  there  shall  be  at  the 
bottom  of  every  shaft  or  inner  court,  a  door  or  window  giving  sufficient 
access  to  each  shaft  or  court  to  enable  it  to  be  properly  cleaned  out. 

School  sinks  to  be  removed.  Water-closet  compartments.  One  water- 
closet  to  two  families. 
§  82.  In  all  tenement  houses  erected  prior  to  the  passage  of  this  act, 
where  a  connection  with  a  sewer  is  possible,  all  school  sinks,  privy  vaults 
or  other  similar  receptacles  used  to  receive  fecal  matter,  urine  or  sewage, 
shall  be  completelj"  removed  and  the  place  where  they  are  located  prop- 
erly disinfected  under  the  direction  of  the  health  department  or  other 
department  designated  by  municipal  ordinance  for  that  purpose.  Such 
appliances  shall  be  replaced  by  individual  water-closets  of  durable  non- 
absorbent  material,  properly  sewer-counected,  and  with  individual  traps, 
and  properly  connected  flush  tanks  providing  an  ample  flush  of  water 
to  thoroughly  cleanse  the  bowl.  Each  water  closet  shall  be  located  in 
a  compartment  completely  separated  from  every  other  water-closet,  and 
such  compartment  shall  contain  a  window  of  not  less  than  three  square 
feet  in  area  opening  directly  to  the  street,  or  yard,  or  on  a  court  of 
the  minimum  size  prescribed  in  section  25  of  this  act.  The  floors  of 
the  water-closet  compartments  shall  be  waterproof  as  provided  in  sec- 
tion 31  of  this  act.  Where  water-closets  are  placed  in  the  yard  to 
replace  school  sinks  or  privy  vaults,  the  structure  containing  the  water- 
closets  shall  not  exceed  ten  feet  in  height;  such  structure  shall  be 
provided  with  a  ventilating  skylight  in  the  roof,  of  adequate  size, 
and  each  water-closet  shall  be  located  in  a  compartment  separated 
completely  from  every  other  water-closet.  Proper  and  adequate  means 
for  lighting  the  structure  at  night  shall  be  provided.  There  shall  be 
provided  at  least  one  water-closet  for  every  two  families  in  every 
tenement  house  existing  on  the  day  this  act  takes  effect  subject  to  the 
provisions  of  section  61  of  this  act.  Except  as  in  this  section  otherwise 
provided  such  water-closets  and  all  plumbing  in  connection  therewith 
shall  be  in  accordance  with  the  ordinances  and  regulations  in  relation  to 
plumbing  and  drainage. 

Penthouse  in  roof.     Scuttles  not  to  be  locked. 

§  83.  Every  tenement  house  of  more  than  two  stories  in  height  erected 
prior  to  the  passage  of  this  act,  shall  have  in  the  roof  a  penthouse  or 
R  scuttle  which  shall  not  be  less  than  twenty-one  by  twenty-eight  inches, 


Act  4098,  §  84 


GENERAL   LAWS. 


2218 


and  located  in  the  ceiling  of  a  public  hall.  All  scuttles  shall  be  covered 
on  the  outside  with  metal  and  shall  be  provided  with  stairs  or  station- 
ary ladders  leading  thereto  and  easily  accessible  to  all  tenements  of 
the  building.  No  scuttle  and  no  bulkhead  door  shall  at  any  time  be 
locked  with  a  key,  but  either  may  be  fastened  on  the  inside  by  movable 
bolts  or  locks.  All  key  locks  on  scuttles  and  on  penthouse  doors  shall 
be  removed. 

Plans  to  be  submitted  to  health  department.  Revoking  permit.  Changes 
in  plans.  Permit  for  repairs.  Permit  suspended  after  ninety  days. 
§  84.  Before  the  construction  or  alteration  of  a  tenement  house  or 
the  alteration  or  conversion  of  a  building  for  the  use  of  a  tenement 
house  is  commenced,  and  before  the  construction  or  alteration  of  any 
building  or  structure  on  the  same  lot  with  a  tenement  house,  the  owner 
or  his  agent  or  architect  shall  submit  to  the  health  department  or  other 
department  designated  for  that  purpose  by  ordinance  of  the  municipality 
in  which  said  work  is  contemplated,  a  detailed  statement  in  writing, 
verified  by  the  affidavit  of  the  person  making  the  same,  of  the  construc- 
tion of  such  tenement  house  or  building  or  of  such  alterations  proposed 
to  be  made  to  the  said  tenement  house  or  building,  upon  blanks  or  forms 
to  be  furnished  by  such  department.  Also  a  full  and  complete  copy  of 
the  plans  and  specifications  of  the  tenement  house  or  building  proposed 
to  be  erected  or  altered,  as  the  case  may  be,  together  with  a  plan  of 
the  lot  on  which  such  building  is  proposed  to  be  erected  or  altered  or 
such  portion  of  the  lot  as  will  be  set  aside  exclusively  for  and  under 
the  control  of  the  said  tenement  house  building.  Such  statement  shall 
give  in  full  the  name  and  residence  by  street  and  number  of  the  owner 
or  owner.s  of  such  tenement  house  or  building.  Also  the  name  and  busi- 
ness address  by  street  and  number  of  the  architect  and  the  contractor. 
Said  affidavit  shall  allege  that  said  plans,  specifications  and  lot  plan 
arc  true  and  contain  a  correct  description  of  such  tenement  house, 
building,  lot,  structure  and  proposed  work.  The  statements  and  affi- 
davits herein  provided  for  may  be  made  by  the  owner  or  his  agent 
or  archite'ct.  No  person,  however,  shall  be  recognized  as  the  agent  of 
the  owner  unless  he  shall  file  with  said  department  an  affidavit  alleging 
that  he  is  authorized  by  the  said  owner  to  act  for  him  and  to  sign 
the  required  affidavit.  Any  false  swearing  in  a  material  point  in  such 
affidavit  shall  be  deemed  perjury.  Such  plans,  specifications  and  state- 
ments shall  be  filed  in  said  department  and  shall  be  deemed  public 
records.  Said  department  charged  with  the  enforcement  of  this  act 
shall  cause  all  such  plans  and  specifications  to  be  examined  and  if  such 
plans  and  specifications  conform  to  the  jirovisions  of  this  act  shall  issue 
a  written  certificate  to  that  effect  to  the  person  submitting  the  same. 
Such  certificate  shall  state  that  "Tenement  house  act  has  been  com- 
plied with."  Said  department  may  from  time  to  time  approve  changes 
in  any  plans  or  specifications  previously  apj>roved  by  it;  provided,  plans 
and    specifications    w^hen    so    changed    shall    be    in    conformity    with    the 


2219  TENEMENT   HOUSES  Act  4098,  §  85 

provisions  of  this  act.  Said  department  shall  have  power  to  revoke  or 
cancel  any  permit  or  approval  that  has  been  previously  issued  in  case 
of  any  failure  or  neglect  to  comply  with  any  of  the  provisions  of  this 
act  or  in  case  any  false  statement  or  misrepresentation  is  made  in  any 
of  the  said  plans,  specifications  or  statements  submitted  or  filed  for 
such  permit  or  approval.  The  construction,  alteration  or  conversion  of 
such  tenement  house,  building  or  structure  or  any  part  thereof,  shall 
not  be  commenced  until  the  filing  of  such  specifications,  plans  and  state- 
ments, and  the  approval  thereof,  as  above  provided.  The  construction, 
alteration  or  conversion  of  such  house,  building  or  structure,  shall  be 
in  accordance  with  such  approved  specifications  and  plans.  When  the 
original  plans  are  filed  a  copy  shall  be  presented  to  the  department 
with  which  the  plans  are  filed  and  when  the  permit  to  construct  or 
alter  is  issued  said  copy  shall  be  certified  thereon  by  said  department 
as  a  true  copy  of  said  plans  and  delivered  to  the  person  applying  for 
said  permit  and  shall  be  kept  upon  the  premises  upon  which  the  tene- 
ment house  or  building  is  to  be  constructed  or  altered  from  the  com- 
mencement of  the  work  thereon  to  the  final  completion  of  the  construc- 
tion or  alteration  and  be  subject  to  inspection  at  all  times  by  all 
proper  authorities. 

A  copy  of  all  changes  or  alterations  in  the  original  plans  duly  author- 
ized shall  also  be  kept  upon  the  premises  or  said  changes  or  alterations 
shall  be  noted  upon  the  original  copy  so  issued  and  certified  by  the 
department  with  which  the  original  plans  were  filed.  The  department 
charged  with  the  enforcement  of  this  act  may  at  its  discretion,  issue 
a  permit  in  case  of  nominal  alterations  and  repairs,  when  application 
is  made  therefor  in  writing  by  the  owner,  his  agent  or  architect,  when 
the  making  of  said  nominal  alterations  and  repairs  do  not  affect  any 
structural  feature,  light  or  sanitation  of  a  tenement  house  building, 
without  requiring  the  filing  of  plans,  specifications  or  lot  plan.  Any 
permit  or  approval  which  may  be  issued  by  said  department  but  under 
which  no  work  has  been  done  within  ninety  days  from  the  date  of  issu- 
ance of  such  permit  or  approval  or  where  work  has  been  suspended  for 
a  period  of  ninety  days  shall  expire  by  limitation,  and  a  new  permit 
shall  be  obtained  before  the  work  may  be  prosecuted. 

Certificate  of  completion  of  tenement  in  conformity  with  act.  Permit 
of  occupancy. 
§  85.  Upon  the  completion  of  the  construction  or  alteration  of  a 
tenement  house  or  alteration  of  a  building  into  a  tenement  house  and 
the  making  of  a  written  application  therefor  by  the  owner,  his  agent, 
architect  or  contractor  to  the  health  department  or  other  department 
designated  by  municipal  ordinance  to  enforce  the  provisions  of  this  act 
regarding  actual  construction  or  alteration  of  a  tenement  house  or  build- 
ing, said  department,  if  said  building  at  the  date  of  such  application 
is  entitled  thereto,  shall,  within  ten  days  from  the  date  of  application, 
issue    a    certificate    that    the    tenement    house    or   building    or    alteration 


Act  4098,  §§  86-89  genebai.  laws.  2220 

thereof  is  completed  in  conformity  with  the  tenement  house  act,  which 
certificate  shall  be  entitled  "Certificate  of  final  completion,"  and  upon 
presentation  of  said  certificate  to  the  department  of  health  of  the 
incorporated  town,  incorporated  city,  or  city  and  county  in  which  the 
building  is  located  and  filing  the  same  with  such  department  the  de- 
partment of  health  shall  issue  a  permit  to  occupy  such  tenement  house, 
which  last-mentioned  permit  shall  be  entitled  "Permit  of  occupancy  upon 
completion   of   construction." 

Said  certificate  and  said  permit  shall  each  be  made  in  duplicate  and 
one  copy  of  each   shall  remain  on   file  in  the   department   issuing  it. 

No  tenement  house  shall  be  occupied  in  whole  or  in  part  for  human 
habitation  until  the  issuance  of  the  said  "Certificate  of  final  completion" 
and  of  said   "Permit   of   occupancy   upon   completion   of   construction." 

Building  in  violation  of  act  deemed  unfit  for  habitation. 

§  86.  Tf  any  building  hereafter  constructed  as  or  altered  into  a  tene- 
ment house,  be  occupied  in  whole  or  in  part  for  human  habitation  in 
violation  of  the  last  section,  during  such  unlawful  occupancy  said  prem- 
ises shall  be  deemed  unfit  for  human  habitation  and  the  department 
of  health  or  other  department  charged  with  the  enforcement  of  this  act 
may  cause  them  to  be  vacated  accordingly. 

Enforcement   of   act.     "Department   of  health"   defined. 

§  87.  Except  as  herein  otherwise  provided,  the  provisions  of  this  act 
shall  be  enforced  by  the  departments  of  any  incorporated  town,  in- 
corporated city,  or  city  and  count}-  to  which  this  act  applies,  which  are 
charged  with  the  enforcement  of  laws,  ordinances,  and  regulations  re- 
lating to  the  protection  of  public  health  and  the  erection  of  buildings. 

By  the  term  "department  of  health"  used  in  this  act  is  meant  any 
department,  portion  or  part  of  the  government  of  any  incorporated 
town,  incorporated  city  or  city  and  county  to  which  this  act  applies 
which  is  charged  with  the  enforcement  of  laws,  ordinances  and  regula- 
tions relating  to  the  protection  of  public  health. 

Right  to  enter  tenements  for  inspection. 

§  88.  The  department  of  health  or  other  department  charged  with 
the  enforcement  of  this  act  in  any  incorporated  town,  incorporated  city 
or  city  and  county  to  which  this  act  applies  and  the  officers  and  agents 
of  such  departments  shall  have  the  right  and  it  shall  be  its  and  their 
duty  to  enter  into  tenement  houses  and  buildings  within  the  said  muni- 
cipal corporation  for  the  purpose  of  inspecting  such  houses  and  build 
ings  to  secure  compliance  with  the  provisions  of  this  act,  and  to 
prevent  violations  thereof. 

Local  building  regulations  not  impaired.     Act  provides  minimum  require- 
ments. 
§  89.     Nothing  in   this   act   shall   be   construed   to   abrogate    or   imp.iir 
the  powers  of  the  department  of  health,  the  department  of  public  works 


2221  TENEMENT   HOUSES.  Act  4098,  §§  90,  91 

or  of  the  courts,  to  enforce  any  provisions  of  the  charter  or  building 
oidinances  and  regulations  of  any  incorporated  town,  incorporated  city, 
or  city  and  county,  not  inconsistent  with  this  act,  or  to  prevent  or 
l)unish  violations  thereof. 

The  provisions  of  this  act  shall  be  held  to  be  the  minimum  require- 
ments adopted  for  the  protection,  health  and  safety  of  the  community. 
Nothing  in  this  act  contained  shall  be  construed  as  prohibiting  the  local 
legislative  body  of  any  incorporated  town,  incorporated  city  or  city  and 
county,  from  enacting  from  time  to  time  supplementary  ordinances  im- 
posing further  restrictions.  But  no  ordinance,  regulation  or  ruling  of 
any  municipal  authority  shall  repeal,  amend,  modify  or  dispense  with 
any  provision  of  this  act. 

Penalty. 

§  90.  Every  person  who  shall  violate  or  assist  in  violation  of  any 
provision  of  this  act  shall  be  guilty  of  a  misdemeanor  punishable  by 
imprisonment  in  a  county  jail  not  exceeding  six  months  or  by  a  fine 
not  exceeding  five  hundred  dollars  or  by  both,  and  in  addition  to  the 
penalty  therefor,  shall  be  liable  for  all  costs,  expense  and  disbursements 
paid  or  incurred  by  the  department,  by  any  of  the  officers  thereof,  or 
by  any  agent,  employee  or  contractor  of  the  same,  in  the  prosecution 
of  such  violation. 

Procedure  for  preventing  violations.     Application   to   superior   court. 

§  91.  Except  as  herein  otherwise  specified  the  procedure  for  the 
prevention  of  violations  of  this  act,  or  for  the  vacation  of  premises 
unlawfully  occupied,  or  for  other  abatement  of  nuisance  in  connection 
with  a  tenement  house,  shall  be  as  set  forth  in  charter  and  ordinances 
of  the  municipality  in  which  the  procedure  is  taken.  In  case  any 
tenement  house,  building  or  structure  or  any  part  thereof  is  constructed, 
altered,  converted  or  maintained  in  violation  of  any  provision  of  this  act 
or  of  any  order  or  notice  of  the  departments  charged  with  its  enforce 
ment,  or  in  case  a  nuisance  exists  in  any  such  tenement  house,  building 
or  structure  or  upon  the  lot  on  which  it  is  situated,  said  departments 
may  institute  any  appropriate  action  or  proceeding  to  prevent  such  un- 
lawful construction,  alteration,  conversion  or  maintenance,  to  restrain, 
correct  or  abate  such  violation  or  nuisance,  to  prevent  the  occupation 
of  said  tenement  house,  building  or  structure,  or  to  prevent  any  illegal 
act,  conduct  or  business  in  or  about  such  tenement  house  or  lot.  In 
any  such  action  or  proceeding  said  department  may,  by  affidavit  setting 
forth  the  facts,  apply  to  the  superior  court,  or  to  any  judge  thereof, 
for  an  order  granting  the  relief  for  which  said  action  or  proceeding  is 
brought,  or  for  an  order  enjoining  all  persons  from  doing  or  permitting 
to  be  done  any  work  in  or  about  such  tenement  house,  building,  struc- 
ture or  lot,  or  from  occupying  or  using  the  same  for  any  purpose, 
until  the  entry  of  final  judgment  or  order.  In  case  any  notice  or 
order  issued  by  said  departments  is  not  complied  with,  said  departments 


Act  4098,  8  S  92-94 


GENERAL   LAWS. 


2222 


may  apply  to  the  superior  court,  or  to  any  judge  thereof,  for  an  order 
authorizing  said  departments  to  execute  and  carry  out  the  provisions 
of  said  notice  or  order,  to  remove  any  violation  specified  in  said  order 
or  notice,  or  to  abate  any  nuisance  in  or  about  such  tenement  house, 
building  or  structure,  or  the  lot  upon  Avbich  it  is  situated.  The  court, 
or  any  judge  thereof,  is  hereby  authorized  to  make  any  order  specified 
in  this  section.  In  no  case  shall  the  said  department  or  any  officer 
thereof  or  the  municipal  corporation  be  liable  for  costs  in  any  action  or 
proceeding  that  may  be  commenced  in  pursuance  of  this  act. 

Fine  lien  on  building. 

§  92.  Every  fine  imposed  by  judgment  under  section  90  of  this  act 
upon  a  tenement  house  owner  shall  be  a  lien  upon  the  house  in  relation 
to  which  the  fine  is  imposed  from  the  time  of  the  filing  of  a  certified 
copy  ^f  said  judgment  in  the  office  of  the  recorder  of  the  county  in 
which  said  tenement  house  is  situated,  subject  only  to  taxes  and  assess- 
ments and  water  rates,  and  to  such  mortgage  and  mechanics'  liens 
as  may  exist  thereon  prior  to  such  filing;  and  it  shall  be  the  duty  of 
the  department  of  health  or  other  department  by  municipal  ordinance 
designated  for  that  purpose,  upon  the  entry  of  such  judgment,  to  forth- 
with file  the  copy  as  aforesaid,  and  such  copy  upon  filing  shall  be 
forthwith  indexed  by  the  recorder  in  the  index  of  mechanics'  liens. 

Notice  of  pendency  of  action. 

§  93.  In  any  action  or  jiroceding  instituted  by  the  departments 
charged  with  the  enforcement  of  this  act,  the  plaintiff  or  petitioner  may 
file  in  the  county  recorder's  office  of  the  county  where  the  property 
affected  by  such  action  or  proceeding  is  situated,  a  notice  of  the  pend- 
ency of  such  action  or  proceeding.  Said  notice  may  be  filed  at  the 
time  of  the  commenccinent  of  the  action  or  proceeding,  or  at  any  time 
afterward  before  final  judgment  or  order,  or  at  any  time  after  the 
service  of  any  notice  or  order  issued  by  said  department.  Such  notice 
shall  have  the  same  force  and  effect  as  the  notice  of  pendency  of 
action  jirovided  for  in  the  Code  of  Civil  Procedure.  Each  county  re- 
corder with  whom  such  notice  is  filed  shall  record  it,  and  shall  index 
it  in  the  name  of  each  person  specified  in  a  direction  subscribed  by  an 
officer  of  the  department  instituting  such  action  or  proceeding.  Any 
such  notice  may  be  vacated  upon  the  order  of  a  judge  of  the  court,  in 
which  such  action  or  proceeding  was  instituted  or  is  pending.  The  re- 
corder of  the  county  where  such  notice  is  filed  is  hereby  directed  to 
mark  such  notice  and  any  record  or  docket  thereof  as  canceled  of 
record,  upon  the   presentation  and  filing  a  certified   copy  of  such   order. 

Owners    of    tenements    to    file    names    and    addresses,    etc.     In    case    of 
transfer  of  tenements,  etc. 
§  9-i.     Every  owner  of  a  tenement  house  and  every  lessee  of  the  whole 
house,  or  other  person  having  control  of  a  tenement  house,  shall  file  in 


2223  TENEMENT  HOUSES.        Act  4098,  §§  95-98 

the  department  of  health  a  notice  containing  his  name  and  address, 
and  also  a  description  of  the  property,  by  street  and  number,  and  other- 
wise, as  the  case  may  be,  in  such  manner  as  will  enable  the  departments 
charged  with  the  enforcement  of  this  act  to  easily  find  the  same;  and 
also  the  number  of  apartments  in  each  house,  the  number  of  rooms  in 
each  apartment,  and  the  number  of  families  occupying  the  apartments. 
In  case  of  a  transfer  of  any  tenement  house,  it  shall  be  the  duty  of 
the  grantee  of  said  tenement  house  to  file  in  the  department  of  health 
a  notice  of  such  transfer,  stating  the  name  of  the  new  owner,  within 
thirty  days  after  such  transfer.  In  case  of  the  devolution  of  the  said 
property  by  will,  it  shall  be  the  duty  of  the  executor  and  the  devisee, 
if  more  than  twenty-one  years  of  age,  and  in  the  case  of  devolution  of 
such  property  by  inheritance  without  a  will,  it  shall  be  the  duties  of 
the  heirs,  or  in  case  all  the  heirs  are  under  age,  it  shall  be  the  duty 
of  the  administrator  of  the  deceased  owner  of  said  property  to  file  in 
said  department  a  notice,  stating  the  death  of  said  owner  and  the  names 
of  those  who  have  succeeded  to  his  interests,  within  thirty  days  after 
the  death  of  the  decedent,  in  case  he  died  intestate,  and  within  thirty 
days  after  the  probate  of  his  will,  if  he  died  testate. 

Notice  of  agents  for  receiving  service  of  process. 

§  95.  Every  owner,  agent  or  lessee  of  a  tenement  house  shall  file  in 
the  department  of  health  a  notice  containing  the  name  and  address  of 
such  agent  of  such  house,  for  the  purpose  of  receiving  service  of  pro- 
cess, and  also  a  description  of  the  property,  by  street  and  number  or 
otherwise,  as  the  case  may  be,  in  such  manner  as  will  enable  the  depart- 
ment charged  with  the  enforcement  of  this  act  to  easily  find  tlie  same. 
The  name  of  the  owner  or  lessee  may  be  tiled  as  agent  for  this  purpose. 

Names  and  addresses  indexed. 

§  96.  The  names  and  addresses  filed  in  accordance  with  sections  94 
and  95  shall  be  indexed  by  the  department  of  health  in  such  a  manner 
that  all  of  those  filed  in  relation  to  each  tenement  house  shall  be  to- 
gether and  readily  ascertainable.  The  department  of  health  shall  pro- 
vide the  necessary  books  and  clerical  assistance  for  that  purpose,  and 
the  expense  thereof  shall  be  paid  by  the  municipality.  .Said  indexes 
shall  be  public  records,  open  to  public  inspection  during  business  hours. 

Five  days'  notice. 

§  97.  Every  notice  or  order  in  relation  to  a  tenement  house  shall  be 
served  five  days  before  the  time  for  doing  the  thing  in  relation  to  which 
it  shall  have  been  issued. 

Sufficiency  of  service  of  summons, 

§  98.  In  any  action  brought  by  any  department  charged  with  the  en- 
forcement of  this  act  in  relation  to  a  tenement  house  for  injunction, 
vacation  of  the  premises,  or  other  abatement  of  nuisance,  or  to  establish 
a  lien  thereon,   it   shall   be   sufiicieut   service   of   summons   to   serve   the 


Act  4098,  §§99-104  general  laws.  2224 

same  as  notices  and  orders  are  served  under  the  provisions  of  the  Code 
of  Civil  Procedure. 

Penalty  for  using  as  house  of  prostitution. 

§  99.  A  tenement  house  shall  be  subject  to  a  penalty  of  one  thousand 
dollars,  if  it  or  any  part  of  it  shall  be  used  for  the  purposes  of  a  house 
of  prostitution  or  assignation  of  any  description,  with  the  permission 
of  the  owner  thereof,  or  his  agent,  and  said  penalty  shall  be  a  lien 
upon  the  house  and  the  lot  upon  which  the  house  is  situated. 

When  deemed  used  as  house  of  prostitution. 

§  100.  A  tenement  house  shall  be  deemed  to  have  been  used  for  the 
purposes  specified  in  the  last  section  with  the  permission  of  the  owner 
or  lessee  thereof,  if  summary  proceedings  for  the  removal  of  the  tenants 
of  said  tenement  house,  or  so  much  thereof  as  is  unlawfully  used,  shall 
not  have  been  commenced  within  five  days  after  notice  of  such  unlawful 
use,  served  by  a  department  charged  with  the  enforcement  of  this  act  in 
the  manner  prescribed  by  law  for  the  service  of  notices  and  orders  in  re- 
lation to  tenement  houses. 

Eeputation  in  neighborhood  competent  evidence. 

§  101.  In  a  prosecution  aj,'aiii;<t  an  owner  or  agent  of  a  tenement 
house  under  section  1^16  of  the  Penal  Code,  or  in  an  action  to  establish 
a  lien  under  section  99  of  this  act,  the  general  reputation  of  the  prem- 
ises in  the  neighborhood  shall  l)e  competent  eviilence,  but  shall  not  be 
sufficient  to  support  a  judgment  without  corroborative  evidence,  and 
it  shall  be  presumed  that  their  use  was  with  the  permission  of  the  owner 
or  lessee;  provided,  that  such  presumption  may  be  rebutted  by  evidence. 

Tenement  as  defendant. 

§  102.  Said  action  shall  be  brought  against  the  tenement  house  as 
defendant.  Said  house  may  be  designated  in  the  title  of  the  action 
by  the  street  and  number  or  in  any  other  method  sufBciently  precise 
to  secure  identification.  The  property  shall  be  described  in  the  com- 
plaint. The  plaintiff,  except  as  hereinafter  provided,  shall  be  any  de- 
partment  charged   with   the   enforcement   of   this   act. 

Action  brought  in  superior  court. 

§  103.  Said  action  shall  be  brought  in  the  superior  court  in  the 
county  or  city  and  county  in  which  the  property  is  situated.  At,  or 
before  the  commencement  of  the  action,  the  complaint  shall  be  filed  in 
the  office  of  the  clerk  of  the  county  or  city  and  county,  together  with  a 
notice  of  the  pendency  of  the  action,  containing  the  names  of  the  parties, 
the  object  of  the  action,  and  a  brief  description  of  the  property  affected 
thereby. 

Judgment  establishes  penalty  as  lien. 

§  104.  The  judgment  in  such  action,  if  in  favor  of  the  plaintiff,  shall 
establish   the   penalty   sued   for   as   a    lien    upon   said   premises,   subject 


2225  TENEMENT  HOUSES.     Act  4098,  §§  105-100 

only  to  taxes,  assessments,  and  to  such  mortgages  and  mechanics'  liens 
as  may  exist  thereon  prior  to  the  filing  of  the  notice  of  pendency  of  the 
action. 

Inconsistent  statutes  repealed,  except  those  further  restricting. 

§  105.  All  statutes  of  the  state  and  ordinances  of  incorporated  towns, 
incorporated  cities  and  cities  and  counties,  as  far  as  inconsistent  with 
the  provisions  of  this  act,  are  hereby  repealed;  provided,  that  nothing 
ill  this  act  contained  shall  be  construed  as  repealing  or  abrogating  any 
present  law  or  ordinance  in  any  incorporated  town,  incorporated  city  or 
city  and  county  of  the  state,  further  restricting  the  percentage  of  the 
lot  to  be  covered  by  a  tenement  house,  the  number  of  stories  of  the  height 
of  such  house,  the  number  of  apartments  therein,  the  occupation  thereof, 
the  materials  to  be  used  in  its  construction,  or  increasing  the  size  of 
yards  or  courts,  the  air  space  to  each  individual  occupj-ing  a  room,  the 
requirements  as  to  sanitation,  ventilation,  light,   protection  against  fire. 

Cities  may  further  restrict. 

§  106.  Nothing  in  this  act  contained  shall  be  construed  as  abrogat- 
ing, diminishing,  minimizing  or  denying  the  power  of  any  incorporated 
town,  incorporated  city  or  city  and  county  by  ordinance  to  further  re- 
strict the  percentage  of  the  lot  to  be  covered  by  a  tenement  house  within 
said  municipality,  the  number  of  stories  or  the  height  of  such  house,  the 
number  of  apartments  therein,  the  occupation  thereof,  the  materials  to 
.  be  used  in  its  construction  or  increasing  the  size  of  yards  or  courts,  the 
air  space  to  each  individual  occupying  a  room,  the  requirements  as  to 
sanitation,   ventilation,   light,   protection   against   fire. 

Tenements  to  conform  with  law. 

§  107.  Except  as  herein  otherwise  provided,  every  tenement  house 
shall  be  constructed  and  maintained  in  conformity  with  the  existing 
law,  but  no  ordinance,  regulation  or  ruling  of  any  municipal  authority 
•shall  repeal,  modify  or  dispense  with  any  provisions  of  this  act. 

Improvements  required  to  be  made  within  one  year. 

§  108.  All  improvements  specifically  required  by  this  act  upon  tene- 
ment houses  erected  prior  to  its  date  of  passage,  shall  be  made  within 
one  year  from  said  date,  or  at  such  earlier  period  as  may  be  fixed  by 
the  boards  of  health  charged  with  the  enforcement  of  this  act. 

Boiler-rooms  to  have  masonry  walls.    Windows  and  doors.    Hinges.    Where 
oil  is  burned.     Fire-escapes. 
§  109.     All   steam   boilers,    heating   furnaces,    or   water-heating   appar- 
atus, using  any  fuel  other  than  coal  gas  or  natural  gas,  installed  in  the 
basement    or    cellar    of    any    tenement    building,    shall    be    inclosed   in    a 
room    with    walls    of   masonry,    reinforced    concrete,    terra-cotta    or    tile 
from  the  basement  or  cellar  floor  to  the  bottom  of  the  first  floor  joists, 
and  the   ceiling  of  same   construction   or   of   not  less  than   three-fourths 
(%)   inch  plaster  on  metal  lath. 
140 


Act  4098,  §  110         GENERAL  LAWS.  2226 

All  windows  shall  be  of  wire  glass  not  less  than  one-quarter  of  an 
inch  thick  in  metal  frames  and  sashes.  All  doors  leading  from  said 
room  shall  be  fire  doors  and  either  run  on  tracks  or. arranged  to  swing 
out  and  to  close  automatically. 

All  fire  doors  shall  overlap  the  wall  at  least  three  inches  at  side  and 
top.  Sills  shall  be  of  metal  at  least  one-quarter  of  an  inch  thick  on 
masonry,  or  of  masonry,  and  have  horizontal  faces  extending  under 
fire  doors  and  outer  edges  flush  with  outer  surface  of  fire  doors. 

Top  of  sliding  door  shall  conform  to  incline  on  the  track,  which  shall 
be  three-quarters  inch  to  the  foot.  No  door  shall  be  hung  on  wooden 
frames  or  in  contact  with  any  woodwork. 

Doors  shall  be  made  of  three  (3)  thicknesses  of  seven-eighths  inch 
by  six  (6)  inch  tongued  and  grooved  redwood  boards,  surfaced  both 
sides,  the  outer  thickness  to  be  placed  vertical  or  diagonal  and  the 
inner  thickness  to  be  horizontal,  nailed  with  clinched  nails. 

Doors  shall  be  entirely  covered  with  good  tin  plate  ("IC"  charcoal, 
109  lbs.  to  the  box),  not  over  fourteen  (14)  inches  by  twenty  (20) 
inches  in  size,  laid  with  locked  joints  covering  nail  heads,  and  all 
vertical  seams  shall  be  double-locked.     No  solder  shall  be  used. 

All  doors  shall  have  hinges,  hangers,  latches  and  chafing  strips  of 
wrought  iron  bolted  to  the  doors,  and  shall  have  steel  tracks,  (when 
sliding  doors)  and  wroupht-iron  stops  and  bimlers  bolted  through  the 
wall.  Swinging  doors  sliall  have  wall  eye  of  wrought  iron  built  into 
or  bolted  through  the  wall. 

Where  oil  is  burned,  every  doorway  shall  have  a  masonry  sill  rising- 
not  less  than  six   (6)   inches  from  the  floor. 

Where  oil  is  burned  the  oil  shall  not  be  fed  to  the  furnace  by  a 
gravity  flow. 

All  tenement  houses  hereafter  constructed  of  more  than  two  stories 
in  height  shall  have  at  least  two  standard  fire-escapes  one  of  which 
shall  be  on  the  front  of  said  tenement  house.  Tenement  houses  over 
two  stories  in  height  hereafter  constructed  located  on  corner  lots  shall 
have  at  least  one  standard  fire  escape,  constructed  as  hereinafter  de- 
scribed, placed  upon  each  front  of  the  building  upon  each  frontage  upon 
each  street. 

The  fire-escape  balconies  of  said  standard  fire-escape  shall  commence 
at  the  level  of  the  second  floor  and  one  such  fire-escape  balcony  shall 
be  placed  at  the  level  of  each  floor  above  such  floor  and  from  the 
topmost  balcony  shall  extend  an  iron  gooseneck  ladder  over  the  firewall 
to  the  roof. 

Permit  to  build.     Annual  license. 

§  110.  Every  person  desiring  to  construct  or  alter  a  tenement  house 
shall  obtain  a  permit  from  the  department  charged  with  the  enforce- 
ment of  this  act.  Every  owner  or  lessee  of  a  tenement  house  shall  ob- 
tain at  the  beginning  of  each  year  a  license  from  the  health  department 


2227  TRADEMARKS.        Acts  4121, 4122 

of  the  incorporated  town,  incorporated  city,  or  city  and  county  in  which 
said  tenement  house  is  situated. 

TITLE  524. 

TRADEMARKS. 
ACT  4121. 

To  protect  owners  of  bottles,  boxes,  siphons  and  kegs  used  in  the  sale 
of  soda  waters,  mineral  waters,  porter,  ale,  cider,  milk,  beer,  and 
other  beverages,  etc.     [Stats.  1801,  p.  217.] 

Amended   1903,  p.   83. 
Repealed   1911,   p.   416. 
See   post.    Act   4122. 

ACT  4122. 

An  act  to  protect  the  owners  of  bottles,  boxes,  siphons  and  kegs  used  in 
the  sale  of  olives,  olive  oil,  salad  oil,  soda  waters,  mineral  or  aerated 
water,  porter,  ale,  cider,  ginger  ale,  milk,  cream,  small  beer,  lager 
beer,  weiss  beer,  white  beer  or  other  beverages  repealing  "An  act 
to  protect  the  owners  of  bottles,  boxes,  siphons,  and  kegs  used  in  the 
sale  of  soda  waters,  mineral  or  aerated  waters,  porter,  ale,  cider, 
ginger  ale,  milk,  cream,  small  beer,  lager  beer,  weiss  beer,  beer, 
white  beer,  or  other  beverages,"  approved  March  .31,  1891,  also  re- 
pealing "An  act  to  amend  an  act  entitled  an  act  to  protect  the  own- 
ers of  bottles,  boxes,  siphons,  and  kegs,  used  in  the  sale  of  soda 
waters,  mineral  and  aerated  waters,  porter,  ale,  cider,  ginger  ale, 
milk,  cream,  small  beer,  lager  beer,  weiss  beer,  beer,  white  beer  or 
other  beverages  (approved  March  31,  1S91)  by  adding  thereto  a  new 
section  after  section  4  thereof  relating  to  deposits,  to  be  numbered 
as  section  5  of  said  act,  by  renumbering  section  5  of  said  act  as 
section  6  thereof,  and  amending  the  same  relating  to  assignments, 
and  by  renumbering  section  6  of  said  act  as  section  7  thereof,"  ap- 
proved March  5,  1903. 

[Approved   March   21,   1911.     Stats.   1911,   p.   416.] 

Name  or  device  filed  with  secretary  of  state. 

§  1.  Any  and  all  persons  engaged  in  manufacturing,  bottling,  or 
selling  olives,  olive  oil,  salad  oil,  soda  waters,  mineral  or  aerated  waters, 
porter,  ale,  beer,  cider,  ginger  ale,  milk,  cream,  small  beer,  lager  beer, 
weiss  beer,  white  beer,  or  other  Ijeverages  or  Worcestershire  or  other 
sauce  or  sauces  in  bottles,  siphons,  or  kegs,  with  his,  her,  or  their  name 
or  names,  or  other  marks  or  devices,  branded,  stamped,  engraved,  etched, 
and  blown,  impressed,  or  otherwise  produced  upon  such  bottles,  siphons, 
or  kegs  or  the  boxes  used  by  him,  her,  it,  or  them,  may  file  in  the  office 
of  the  clerk  of  the  county  in  which  his,  her,  its,  or  their  principal  place 
of  business  is  situated,  and  also  in  the  office  of  the  secretary  of  state,  a 


Act  4122,  §§  2,  3  GENERAL  LAWS.  2228 

description  of  the  name  or  names,  marks  or  devices,  so  used  by  him,  her, 
it  or  them,  respectively,  and  cause  such  description  to  be  printed  once 
in  each  week  for  three  weeks  successively,  in  a  newspaper  published  in 
the  county  in  which  said  notice  may  have  been  filed  as  aforesaid. 

Refilling  bottles,  etc.  Used  bottles  not  to  be  used  for  other  purposes. 
Penalty. 

§  2.  It  is  hereby  declared  to  be  unlawful  for  any  person  or  persons, 
corporation  or  corporations,  to  fill  with  olive  oil,  salad  oil,  or  any  substi- 
tution for,  or  similar  to  olive  oil,  ripe  or  green  olives,  soda  waters,  min- 
eral or  aerated  waters,  port,  ale,  cider,  ginger  ale,  milk,  cream,  beer, 
small  beer,  lager  beer,  weiss  beer,  white  beer,  or  other  beverages  or 
Worcestershire  or  other  sauce  or  sauces  or  with  medicine,  compounds,  or 
mixtures,  any  bottle,  box,  siphon  or  keg,  so  marked  or  distinguished  as 
aforesaid,  with  or  by  any  name,  mark  or  device,  of  which  a  description 
shall  have  been  filed  and  published,  as  provided  in  section  1  of  this  act, 
or  deface,  erase,  obliterate,  cover  up,  or  otherwise  remove  or  conceal  any 
such  name,  mark  or  device  thereon,  or  to  sell,  buy,  give,  take  or  other- 
wise dispose  of  or  traffic  in  the  same,  without  the  written  consent  of,  or 
unless  the  same  shall  have  been  purchased  from  the  person  or  persons, 
corporation  or  corporations,  whose  mark  or  device  shall  be  or  shall  have 
been  in  or  upon  the  bottIe,^box,  siphon,  or  keg  so  filled,  trafficked  in, 
used,  or  handled  as  aforesaid.  It  is  hereby  declared  to  be  unlawful  for 
any  person,  firm, 'or  corjioration  engaged  in  the  manufacture,  preparation 
or  selling  of  drugs,  or  food  products  to  use  bottles,  in  bottling  or  pack- 
ing their  products  that  have  been  previously  used  for  other  purposes. 

Any  person  or  persons  or  corporation  offending  against  the  provisions 
•of  this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be 
punished  for  the  first  offense  by  imprisonment  of  not  less  than  ten  days 
nor  more  than  six  months  or  by  a  fine  of  fifty  cents  for  each  and  every 
such  bottle,  box,  siphon  or  keg  so  filled,  sold,  used,  disposed  of,  bought, 
or  trafficked  in,  or  b}'  both  such  fine  and  imprisonment;  and  for  each 
subsequent  offense  by  imprisonment  not  less  than  twenty  days  nor  more 
than  one  year,  or  by  a  fine  of  not  less  than  one  dollar  nor  more  than  five 
dollars  for  each  and  every  bottle,  box,  siphon,  and  keg  so  filled,  soM, 
used,  disposed  of,  bought  or  trafficked  in,  or  by  both  such  fine  and  im- 
prisonment, in  the  discretion  of  the  magistrate  before  whom  the  offense 
shall  be  tried. 

Use  and  traffic  in  such  bottles  without  consent,  prohibited. 

§  3.  The  use  by  any  person  other  than  the  person  or  persons,  cor- 
poration or  corporations,  whose  device,  name  or  mark  shall  be  or  shall 
have  been  upon  the  same,  without  such  written  consent  or  purchase,  as 
aforesaid,  or  any  such  mark  or  distinguished  bottle,  box,  siphon,  or  keg, 
a  descrijition  of  the  name,  mark,  or  device  whereon  shall  have  been  filed 
and  published,  as  herein  provided,  for  the  sale  therein  of  olives,  olive  oil, 
salad  oil,  soda  waters,  mineral  or  aerated  waters,  porter,  ale,  cider,  gin 


I 


2229  TRADEMARKS.  Act  4122,  §  §  4-G 

ger  ale,  milk,  cream,  beer,  small  beer,  lager  beer,  weiss  beer,  white  beer, 
or  other  beverages,  or  Worcestershire  or  other  sauce  or  sauces  or  any  article 
of  merchandise,  medicines,  compounds,  or  preparations,  or  for  the  fur- 
nishing of  such  or  similar  beverages  to  "customers,  or  the  buying,  selling, 
using,  disposing  of,  or  trafficking  in  of  any  such  bottles,  boxes,  siphons, 
or  kegs,  by  any  person  other  than  said  persons  or  corporations  having 
a  name,  mark,  or  device  thereon,  or  such  ovt^ner,  without  such  written 
consent,  or  the  having  by  any  junk-dealer,  or  dealer  in  second-hand 
articles,  possession  of  any  such  bottles,  boxes,  siphons,  or  kegs,  a  de- 
scription of  the  marks,  names,  or  devices  wherein  shall  have  been  so  filed 
and  published  as  aforesaid,  without  such  written  consent,  shall  and  is 
hereby  declared  to  be  presumptive  evidence  of  the  said  unlawful  use, 
purchase  or  traffic  in  of  such  bottles,  boxes,  siphons,  or  kegs. 

Search-warrant  to  discover  bottles,  etc. 

§  4.  Whenever  any  person,  persons,  or  corporations,  mentioned  in 
section  1  of  this  act,  or  his,  her,  its  or  their  agent,  shall  make  oath  be- 
fore any  magistrate  that  he,  she  or  it  has  reason  to  believe,  and  does 
believe,  that  any  of  his,  her,  or  their  bottles,  boxes,  siphons,  or  kegs,  a 
description  of  the  names,  marks  or  devices,  wherein  has  been  so  filed  and 
published,  as  aforesaid,  are  being  unlawfully  used  or  filled,  or  had  by 
any  person  or  corporation  manufacturing  or  selling  olives,  olive  oil, 
salad  oil,  soda,  mineral,  or  aerated  waters,  porter,  ale,  cider,  ginger  ale, 
milk,  cream,  small  beer,  lager  beer,  weiss  beer,  white  beer,  and  other 
beverages,  or  Worcestershire  sauce  or  sauces  or  that  any  junk-dealer,  or 
dealer  in  second-hand  articles,  vendor  of  bottles,  or  any  other  person 
or  corporation,  has  any  such  bottles,  boxes,  siphons,  or  kegs,  in  his  or 
her,  or  its  possession,  or  secreted  in  any  place,  the  said  magistrate  must 
thereupon  issue  a  search-warrant  to  discover  and  obtain  the  same  and 
may  also  cause  to  be  brought  before  him  the  person  in  whose  possession 
such  bottles,  boxes,  siphons,  or  kegs  may  be  found,  and  then  inquire 
into  the  circumstances  of  such  possession,  and  if  said  magistrate  finds 
that  such  person  has  been  guilty  of  a  violation  of  section  2  of  this  act, 
he  must  impose  the  punishment  therein  prescribed,  and  he  shall  also 
award  possession  of  the  property  taken  upon  such  search-warrant  to  the 
owner   thereof. 

Deposit  not  deemed  sale. 

§  5.  The  requiring,  taking,  or  accepting  of  any  deposit  for  any  pur- 
pose, upon  any  bottle,  box,  siphon,  or  keg,  shall  not  be  deemed  or  con- 
stitute a  sale  of  such  property,  either  optional  or  otherwise,  in  any 
proceeding  under  this  act. 

One  filing  sufficient.     Transfer  of  right. 

§  6.  Any  person,  or  persons,  corporation  or  corporations  that  has  or 
have  heretofore  filed  in  the  offices  mentioned  in  section  1  of  this  act, 
a  description   of  the   name   or   names,   marks,   or   devices,  upon   his,   her, 


Act  4122,  §  7 


GENERAL   LAWS. 


2230 


their  or  its  property  therein  mentioned,  and  has  caused  the  same  to  be 
published  according  to  the  laws  existing  at  the  time  of  such  filing  and 
publications,  shall  not  be  required  to  again  file  and  publish  such  descrip- 
tion to  be  entitled  to  the  benefits" of  this  act;  and  any  person  or  persons, 
corporation  or  corporations,  having  complied  with  the  provisions  of  this 
act,  may  as  a  part  of  the  sale,  assignment  or  transfer  of  all  his,  her, 
their,  or  its  said  bottles,  boxes,  siphons,  or  kegs,  used  as  aforesaid,  with 
his,  her,  their  or  its  name  or  names  or  other  marks  or  devices,  branded, 
stamped,  engraved,  etched,  and  blown,  impressed  or  otherwise  produced 
upon  such  bottles,  boxes,  siphons,  and  kegs,  to  any  other  person  or  per- 
sons, corporation  or  corporations,  engaged  in  manufacturing,  bottling 
or  selling  of  olives,  olive  oil,  salad  oil,  soda  waters,  mineral  or  aerated 
waters,  porter,  ale,  beer,  cider,  ginger  ale,  milk,  cream,  small  beer,  lager 
beer,  weiss  beer,  white  beer,  or  other  beverages,  or  Worcestershire  or 
other  sauce  or  sauces  sell,  assign,  and  transfer  the  sole  and  exclusive 
right  of  using  said  name  or  names,  mark  or  devices  in  said  business. 
And  in  the  event  of  such  sale,  transfer  or  assignment  as  aforesaid,  or  in 
the  event  of  the  transfer  by  operation  of  law  or  by  sale  under  order  of 
any  court  of  the  entire  business  of  such  person  or  persons,  corporation  or 
corporations,  of  the  entire  stock  of  bottles,  boxes,  siphons  or  kegs, 
belonging  to  them,  him,  her  or  it,  to  any  person  or  persons,  corporation 
or  corporations,  engaged  in  the  manufacturing,  bottling,  or  soiling  olives, 
olive  oil,  salad  oil,  soda  waters,  mineral  or  aerated  waters,  porter,  ale, 
beer,  cider,  ginger  ale,  milk,  cream,  small  beer,  lager  beer,  weiss  beer, 
white  beer,  or  other  beverages,  such  person  or  persons,  corporation  or 
corporations,  shall  not  be  again  required  to  file  ancl  publish  a  description 
of  said  name  or  names,  marks,  or  devices,  hereunder,  but  shall  be  en- 
titled to  all  the  benefits  of  this  act  immediately  upon  acquiring  such 
bottles,  boxes,  siphons  or  kegs  or  such  business  as  aforesaid. 

Acts  repealed. 

§  7.  An  act  entitled  "An  act  to  protect  the  owners  of  bottles,  boxes, 
siphons,  and  kegs  used  in  the  sale  of  soda  waters,  mineral  or  aerated 
waters,  porter,  ale,  cider,  ginger  ale,  milk,  cream,  small  beer,  lager  beer, 
weiss  beer,  white  beer,  or  other  beverages,"  approved  March  31,  1891, 
also  an  act  entitled  "An  act  to  amend  an  act  entitled  an  act  to  protect 
the  owners  of  bottles,  boxes,  siphons,  and  kegs  used  in  the  sale  of  soda 
waters,  mineral  and  aerated  waters,  porter,  ale,  cider,  ginger  ale,  milk, 
cream,  small  beer,  lager  beer,  weiss  beer,  beer,  white  beer,  or  other 
beverages  (approved  March  31,  1S91)  by  adding  thereto  a  new  section 
after  section  4  thereof  relating  to  deposits,  to  be  numbered  as  section  5j 
of  said  act,  by  renumbering  section  .5  of  said  act  as  section  6  thereo  ~ 
and  amending  the  same  relating  to  assignments,  and  by  renumberii 
section  6  of  said  act  as  section  7  thereof."  approved  March  5,  1903,  al 
all  acts  or  parts  of  acts,  inconsistent  with  the  provisions  of  this  act, 
are  hereby  repealed. 


2231  TREASURERS.         Act  4134,  §§  1, 3 

TITLE  528. 

TEEASURERS. 
ACT  4134. 

An  act  to  authorize  the  deposit  of  state  moneys  in  banks  in  this  state, 
and  to  repeal  all  acts  or  parts  of  acts  in  conflict  with  this  act. 

[Approved  February  28,  1907.     Stats.   1907,  p.  67.] 
Amended  1911,  p.  482;    1913,  p.  108. 
The  amendments  of  1911  and   1913  follow: 

Money  of  state  may  be  deposited  in  approved  banks. 

§  1.  All  money's  under  the  control  of  the  state  treasurer,  belonging 
to  the  state,  may  be  deposited  by  the  state  treasurer  to  the  credit  of 
the  state  in  such  state  or  national  bank,  or  banks,  in  the  state  as  the 
treasurer,  with  the  approval  of  the  governor  and  state  controller,  shall 
select  for  the  safekeeping  of  such  deposits,  and  any  sum  so  deposited 
shall  be  deemed  to  be  in  the  state  treasury;  provided  that  the  bank  or 
banks  in  which  such  money  is  deposited  shall  furnish  security  as  here- 
inafter provided;  and  provided  further,  that  such  depositary  bank  or 
banks  be  selected  from  those  agreeing  to  pay  the  highest  rate  of  interest, 
not  less  than  two  per  cent  per  annum,  for  such  deposits,  as  may  be  de- 
termined by  bids  to  be  submitted  at  such  times  and  in  such  manner 
as  the  treasurer,  with  the  approval  of  the  governor  and  the  state  con- 
troller shall  direct;  provided,  that  not  more  than  one-tenth  of  the  aggre 
gate  amount  of  state  moneys  available  for  deposit  and  on  deposit  shall 
be  deposited  in  any  one  bank;  and  provided,  further,  that  such  deposit 
shall  not  exceed  fifty  per  cent  of  the  paid-up  capital,  exclusive  of  reserve 
and  surplus,  of  any  depositary  bank.  Any  and  all  bids  may  be  rejected 
by  the  treasurer,  with  the  approval  of  the  governor  and  state  controller, 
and  new  bids  asked  for.  The  expense  of  transportation  of  moneys  to 
and  from  the  state  treasury  to  such  depositaries  shall  be  borne  by  such 
dejiositaries.  Said  deposits,  with  interest  thereon,  shall  be  subject  to 
withdrawal  at  any  time  upon  the  demand  of  the  state  treasurer,  unless 
the  treasurer,  with  the  consent  of  the  governor  and  controller,  shall 
deposit  any  part  of  such  moneys  upon  different  terms;  provided  that  no 
agreement  for  the  deposit  of  said  moneys  shall  be  for  a  longer  period 
than  one  year.  [Amendment  approved  March  24,  1911;  Stats.  1911, 
p.  4S2.] 

Security  for  state  fmids  deposited  in  banks. 

§  3.  For  the  security  of  the  funds  deposited  by  the  state  treasurer 
under  the  provisions  of  this  act,  there  shall  be  deposited  with  the  treas- 
urer bonds  of  the  United  States,  or  of  this  state,  or  any  county,  munici- 
pality, school  district  or  irrigation  district  within  this  state,  which  bonds 
shall  be  approved  by  the  governor,  controller  and  treasurer,  to  an  amount 
in   value   at  least  ten  per  cent  in  excess   of  the   amount   of  the   deposit 


Acts  4166, 4182 


GENERAL  LAWS. 


2232 


with  such  bank  or  hanks;  and  if  in  any  case,  or  at  any  time,  such  bonds 
are  not  deemed  satisfactory  security  to  the  governor,  controller  and 
treasurer,  they  may  require  such  additional  security  as  may  be  satisfac- 
tory to  them.  Said  bonds,  or  any  part  thereof,  may  be  withdrawn  on 
the  written  consent  of  the  governor,  controller  and  treasurer;  provided, 
that  a  sufficient  amount  of  said  bonds  to  secure  said  deposits  shall  al- 
ways be  kept  in  the  treasury;  and  in  the  event  that  said  bank  or  banks 
of  deposit  shall  fail  to  pay  such  deposits,  or  any  part  thereof,  on  the 
demand  of  the  state  treasurer,  then  it  shall  be  the  duty  of  the  state 
treasurer  to  forthwith  convert  said  bonds  into  money  and  to  disburse 
the  same  according  to  law.  [Amendment  approved  April  29,  1913; 
Stats.  191.3,  p.  108.] 

Algo  amended  March  24,   1911    (Stats.  1911,  p.  482). 

Receipt  for  money  deposited. 

§  7.  At  the  time  of  depositing  state  moneys  in  any  bank,  designated 
as  a  depositary,  the  state  treasurer  shall  take  and  preserve  a  receipt 
therefor,  stating  the  amount  deposited  and  referring  to  the  contract 
made  between  the  depositary  banks  and  the  treasurer.  The  moneys  so 
deposited  mav  be  drawn  out  by  the  check  or  order  of  the  state  treasurer. 
[Amendment"  approved  March' 24,  1911;  Stats.  1911,  p,  482.] 

TITLE  531. 
TRUSTS. 
ACT  4166. 

Citations.      Cal.   156/616.     App.   9/539;    11/359.  360,   363;    12/475,  476. 


TITLE  532. 

TULARE  COUNTY. 
ACT  4182. 

An   act   to  increase  the  number   of  judges   of  the  superior   court   of   thej 
county  of  Tulare,  and  to  provide   for  the   appointment   of   an   addi- 
tional judge. 

[Approved  March  1,  1911.     Stats.  1911,  p.  259.] 

Additional  judge  for  Tulare  county. 

§  1.  The  niunbor  of  judges  of  the  superior  court  of  the  county  of 
Tulare  is  hereby  increased  from  one  to  two. 

§  2.  "Within  thirty  days  after  the  taking  effect  of  this  act.  the  gov- 
ernor shall  ap]ioint  one  additional  judge  of  the  superior  court  of  the 
county  of  Tularo,  state  of  California,  who  shall  hold  office  until  the  first 
Monday  after  the  first  day  of  .lanuary,  A.  D.  nineteen  hundred  and 
thirteen.  At  the  general  election  to  be  held  in  November,  1912,  a  judge 
of   the   superior   court   of   said   county   shall   be   elected   in    said    county, 


2233  UNFAIR  COMPETITION,  Acts  4203, 4207a 

who   shall   be   the   successor   of   the  judge   appointed  hereunder,   to   hold 
office  for  the  term  prescribed  by  the  constitution  and  by  law. 

§  3.  The  salary  of  said  additional  judge  shall  be  the  same  in  amount, 
and  shall  be  paid  at  the  same  time  and  in  the  same  manner,  as  the 
salary  of  the  other  judge  of  the  superior  court  of  said  county  now 
authorized  by  law. 

TITLE  535. 

TURNPIKE  CORPOEATIONS. 
ACT  4203. 

Granting   .Tohn   Lawley   and    his    associates    authority    to    construct    and 
maintain  a  turnpike  road  in  Lake  county.     [Stats.  1865-Gtj,  p.  277.] 
Amended  1867-68,   p.    138. 
Citations.     App.  17/334,  335. 

TITLE  536a. 

UNFAIR  COMPETITION. 

ACT  4207a. 

An  act  relating  to  unfair  competition  and  discrimination,  making  certain 
unfair  and  discriminatory  practices  unlawful,  defining  the  duties  of 
the  attorney  general  in  regard  thereto,  declaring  certain  contracts 
illegal  and  forbidding  recovery  thereon,  providing  for  actions  to 
enjoin  unfair  competition  and  discrimination  and  to  recover  dam 
ages  therefor,  making  the  violation  of  the  provisions  of  this  act  a 
misdemeanor  and  providing  penalties. 

[Approved   June    10,    1913.     Stats.    1913,   p.    508.] 

Unlawful  to  discriminate  between  different  sections  in  sale  of  commod- 
ities. Act  does  not  prevent  competitive  rate.  Officers  responsible. 
§  1.  It  shall  be  unlawful  for  any  person,  firm  or  corporation,  doing 
T)usiness  in  the  state  of  California  and  engaged  in  the  production,  man- 
ufacture, distribution  or  sale  of  any  commodity  of  general  use  or  con- 
sumption, or  the  product  or  service  of  any  public  utility,  with  the  intent 
to  destroy  the  competition  of  any  regular  established  dealer  in  such 
commodity,  product  or  service,  or  to  prevent  the  competition  of  any 
person,  firm,  private  corporation,  or  municipal  or  other  public  corpora- 
tion, who  or  which,  in  good  faith,  intends  and  attempts  to  become  such 
dealer,  to  discriminate  between  different  sections,  communities  or  cities 
or  portions  thereof  of  this  state,  by  selling  or  furnishing  such  commodity, 
product  or  service  at  a  lower  rate  in  one  section,  community  or  city,  or 
any  portion  thereof,  than  in  another,  after  making  allowance  for  differ- 
ence, if  any,  in  the  grade,  quality  or  quantity,  and  for  cost  differences 
between  such  places  due  to  distance  from  the  point  of  production,  man- 
ufacture or  distribution  and  expense  of  distribution  and  operation.  This 
act  is  not  intended  to  prohibit  the  meeting  in  good  faith  of  a  competitive 


Act  4207a,  §§2-4  general  laws.  2234 

rate,  or  to  prevent  a  reasonable  classification  of  service  by  public 
utilities  for  the  purpose  of  establishing  rates.  The  inhibition  hereof  against 
locality  discrimination  shall  embrace  any  scheme  of  special  rebates, 
collateral  contracts  or  an}'  device  of  any  nature  whereby  such  discrimiu 
ation  is,  in  substance  or  fact,  effected  in  violation  of  the  spirit  and 
intent  of  this   act. 

Any  person,  who,  either  as  director,  officer  or  agent  of  any  firm  or 
corporation  or  as  a^ent  of  any  person,  violating  the  provisions  hereof, 
assists  or  aids,  directly  or  indirectly,  in  such  violation  shall  be  respon- 
sible therefor  equally  with  the  person,  firm  or  corporation  for  whom 
or  which  he  acts.  In  the  j)rosecution  of  any  person  as  officer,  director 
or  agent  it  shall  be  sufficient  to  allege  and  i)rove  the  unlawful  intent 
of  the  person,  firm  or  corporation  for  whom  or  which  he  acts. 

Duty  of  attoimey  general  to  prosecute. 

§  2.  If  complaint  shall  be  niaiie  to  the  attorney  general  that  any 
corporation  is  violating  section  1  of  this  act,  he  shall  investigate  such 
comjilaint  and  if,  in  his  opinion,  sufficient  grounds  exist  therefor,  he 
shall  prosecute  an  action  in  the  name  of  the  people  of  the  state  of 
California  in  the  proper  court  to  annul  the  charter  or  revoke  the  license 
of  such  corporation  to  do  business  in  this  state,  as  the  case  may  be, 
and  to  permanently  enjoin  such  corporation  from  doing  business  in 
this  state;  and  if  in  such  action  the  court  shall  find  that  such  corpo- 
ration is  violating  this  act,  it  may  enjoin  said  corporation  from  doing 
business  in  this  state  for  such  time  as  the  court  shall  order,  or  may 
annul  the  charter,  or  revoke  the  license  of  such  corporation,  and  per- 
manently enjoin   it  from  transacting  business  in  this  state. 

Illegal  contract  defined. 

§  3.  Any  contract,  express  or  imi'lied,  made  by  any  person,  firm  or 
corporation  in  violation  of  the  provisions  of  section  1  of  this  act  for 
the  sale  or  furnishing  of  any  commodity,  product  or  service  at  a  rate 
greater  than  the  lowest  rate  charged  therefor  by  such  person,  firm  or 
corjjoration  in  any  other  section,  community  or  city  in  this  state,  after 
making  allowante  for  the  cost  differences  between  such  place  and  the 
jilace  whore  under  the  contract  such  commodity,  i>roduct  or  service  is 
delivered  or  furnished  and  for  difference,  if  any,  in  grade,  quality  or 
quantity,  is  declared  to  be  an  illegal  contract,  and  no  recovery  thereon 
shall  be  had. 

Person  injured  may  maintain  action. 

§  4.  Any  poison,  lirni.  private  corporation  or  municipal  or  other  pub- 
lic corporation,  may  maintain  an  action  to  enjoin  a  continuance  of  any 
act  or  acts  in  violation  of  section  1  of  this  act  and,  if  injured  thereby, 
for  the  recovery  of  damages.  If,  in  such  action,  the  court  shall  find 
that  the  defendant  is  violating  section  1  of  this  act,  it  shall  enjoin 
the    defendant    from    a    continuance    thereof;    it    shall    not    be    uecessarj 


2235  UNINCORPORATED  ASSOCIATIONS.  Act  4208,  §  1 

that  actual  damage  to  the  plaintiff  be  alleged  or  proved.  In  addition 
to  such  injunctive  relief,  the  plaintiff  in  said  action  shall  be  entitled 
to  recover  from  the  defendant  three  times  the  amount  of  the  actual 
damages,  if  any,  sustained. 

Penalty. 

§  5.  Any  person,  whether  as  principal,  agent,  oflScer  or  director,  for 
liimself  or  for  another  person,  or  for  any  firm  or  corporation,  or  any 
corporation,  who  or  which  shall  vTolate  section  1  of  this  act,  is  guilty 
of  a  misdemeanor  and  upon  conviction  thereof,  shall,  if  a  person,  be  pun- 
ished by  a  fine  of  not  exceeding  one  thousand  dollars,  or  by  imprison- 
ment in  a  county  jail  not  exceeding  one  year,  or  by  both  such  fine  and 
imprisonment,  and,  if  a  corporation,  by  a  fine  of  not  more  than  five 
thousand  dollars. 

Constitutionality  of  act. 

§  6.  If  any  section,  sentence,  clause  or  phrase  of  this  act  is  for  any 
reason  held  to  be  unconstitutional,  such  decision  shall  not  affect  the 
\alidity  of  the  remaining  portions  of  the  act.  The  legislature  hereby 
declares  that  it  would  have  passed  this  act,  and  each  section,  sentence, 
clause  or  phrase  thereof,  irrespective  of  the  fact  that  any  one  or  more 
other  sections,  sentences,  clauses  or  phrases  be  declared  unconstitutional. 
The  remedies  herein  prescribed  are  cumulative  and  in  addition  to  the 
remedies  prescribed  by  the  public  utilities  act  for  discriminations  by  pub- 
lic utilities.  If  any  contiiet  shall  arise  between  this  act  and  the  public 
utilities  act,  the  latter  shall  prevail. 

Purpose  of  act. 

§  7.  The  legislature  declares  that  the  purpose  of  this  act  is  to  safe- 
guard the  public  against  the  creation  or  perpetuation  of  monopolies  and 
to  foster  and  encourage  competition,  by  prohibiting  unfair  and  discrim- 
inatory practices  by  which  fair  and  honest  competition  is  destroyed  or 
jjrevented.  The  act  shall  be  liberally  construed  that  its  beneficial  pur- 
poses may  be  subserved. 

TITLE  5361). 
UNINCORPORATED  ASSOCIATIONS. 
ACT  4208. 

An  act  authorizing  and  empowering  unincorporated,  benevolent  or  frater- 
nal societies  to  purchase,  receive,  manage  and  sell  real  estate  without 
incorporating. 

[Approved  April  24,   1911.     Stats.   1911,  p.   1093.] 

§  1.  All  unincorporated  benevolent  or  fraternal  societies  or  associa- 
tions are  and  every  loSge  or  branch  of  such  society  or  association  is 
hereby  authorized  and  empowered,  without  incorporation,  to  purchase, 
receive,  own,  hold,  mortgage,  manage  and  sell  all  real  estate  and  other 


Act  4216,  §§  1-3  GENERAL   LAWS.  2236 

property  as  may  be  necessary  for  the  business  purposes  and  objects  of 
the  said  society  or  association  or  lodge  or  branch,  subject  to  the  laws 
and  ref^ulations  of  said  society  or  association  or  lodge  or  branch  and  of 
the  grand  lodge  thereof;  and  also  to  take  and  receive  by  will  or  deed 
all  projierty  not  so  necessary,  and  to  hold  the  same  until  disposed  of 
within  a  period  of  ten  years  from  the  acquisition  thereof,  provided,  that 
all  conveyances  transferring  or  in  any  manner  affecting  the  title  to 
real  estate  owned  or  held  by  said  society  or  association  shall  be  executed 
by  its  presiding  officer  and  recording  secretary  under  its  seal  after 
resolution  duly  adopted  by  said  society  or  association  authorizing  such 
conveyance. 

TITLE  538. 

UNITED  STATES. 
ACT  4216. 

An  act  to  cede  to  the  United  States  of  America  upon  certain  conditions 
and  reservations  certain  lands  in  possession  of  the  United  States 
to  which  the  state  of  California  holds  a  tax  title. 

[Approved   May    1,    1911.     Stats.    1911,   p.    1304.] 

Grant  of  land  for  Soboda  Indians. 

§  1.  The  state  of  ('aliforuia  hereby  grants  and  cedes  to  the  United 
States  of  America,  for  the  use  of  the  Soboda  Indians,  all  the  right,  title 
and  interest  of  the  state  of  California,  in  and  to  that  certain  tract  ot 
land  situate  in  Riverside  county,  state  of  California,  and  described  as 
Tract  No.  8,  Rancho  San  Jacinto  Viejo  in  said  Riverside  county,  other 
wise  described  as  fractional  section  31  and  fractional  section  32,  lu 
township  4  south  of  range  1  cast,  San  Bernardino  base  and  meridian, 
and  fractional  section  4,  fractional  section  .5,  fractional  section  6  in 
townshijt  5  south  of  range  1  east,  San  Bernardino  base  and  meridian,  in 
California;  provided,  that  the  sum  of  seven  hundred  and  seventy-five 
dollars  due  for  taxes  thereon  be  jiaid  to  the  state  controller  before  letters 
patent  issue  as  hereinafter  provided;  and  provided,  further,  that  this 
state  reserves  the  right  to  serve  and  execute  in  said  lands,  all  civil 
process  not  incompatible  with  this  section,  and  such  criminal  process  as 
may  lawfully  issue  under  the  authority  of  this  state  against  any  person 
or  persons  charged  with  crimes. 

Issuance  of  letters  patent. 

§  2.  Letters  jiatent  to  the  United  States  of  America  for  the  land 
above  designated  shall  be  issued  in  the  manner  prescribed  by  the  con- 
stitution and  laws. 

§  3.  This  act  shall  take  ell'ect  aud  be  in  force  from  and  after  its 
passage.  ' 


i 


12237  UNITED  STATES.  Acts  4217, 4218 

ACT  4217. 

An  act  providing  for  the  conveyance  by  quitclaim  deed,  from  the  state 
of  California  ta  the  government  of  the  United  States,  of  certain 
lands  erroneously  conveyed  or  patented  to  said  state  by  said  govern- 
ment. 

[Approved  May  1,  1911.     Stats.  1911,  p.  1415.] 
Amended  1913,  p.  47. 

Quitclaim  deed  to  laxids  erroneously  conveyed  to  state. 

§  1.  In  all  cases  where  it  appears  to  the  register  of  the  state  land 
odice  that  the  government  of  the  United  States  has,  through  error  or 
misdescription,  conveyed  to  the  state  of  California  any  lands,  the  said 
register  of  the  state  land  office  shall  certify  said  facts  to  the  governor, 
and  it  shall  be  the  duty  of  the  governor  of  this  state  to  cause  to  be 
executed  and  delivered  to  the  government  of  the  United  States,  a  con- 
veyance by  quitclaim  deed,  of  all  such  land  so  erroneously  convej'ed  or 
patented.  Such  deed  shall  be  executed  on  behalf  of  the  state  of  Cali- 
fornia by  the  hands  of  the  governor  and  of  the  secretary  of  state,  and 
shall  be  attested  by  the  great  seal  of  state,  and  recorded  in  the  office 
of  the  register  of  the  state  land  office.  [Amendment  approved  April  21, 
1913;  Stats.  1913,  p.  47.] 

§  2.     This  act  shall  take  effect  immediately  from  and  after  its  passage. 

ACT  4218. 

An  act  to  authorize  the  adjustment  and  settlement  of  a  controversy 
existing  between  the  United  States  and  the  state  of  California,  in 
relation  to  the  grants  made  by  Congress  to  the  state  of  California 
for  the  benefit  of  the  public  schools,  and  internal  improvements, 
authorizing  the  conveyance  of  land  by  oflScers  of  the  state  for  the 
purpose  of  making  such  adjustment  and  settlement,  and  making  an 
appropriation  to  carry  out  the  provisions  hereof. 
[Approved  December  24,  1911.     Stats.  Ex.   Sess.  1911,  p.   108.] 

Whereas,  Under  the  terms  and  provisions  of  certain  acts  of  Congress 
of  the  United  States  500,000  acres  of  land  were  granted  to  the  state  for 
internal  improvement,  and  the  sixteenth  and  thirty-sixth  sections  in 
each  township,  and  lands  in  lieu  thereof,  were  granted  to  the  state  of 
California  for  school  purposes;  and. 

Whereas,  It  is  claimed  by  the  United  States  that  prior  to  March  1, 
1877,  there  were  listed  to  the  state  of  California  approximately  16,000 
acres  of  land,  in  excess  of  the  amount  of  land  to  which  the  state  was 
justly  entitled;  also  that  the  state  has  received  indemnity  for  certain 
sixteenth  and  thirty-sixth  sections  of  land  assumed  to  be  within  the 
exterior  boundaries  of  Mexican  grants,  which  sixteenth  and  thirty-sixth 
sections  were  subsequently  either  wholly  or  partially  excluded  from  such 
grants  and  subsequently  sold  by  the  state,  the  total  area  being  approxi- 


Act  4218,  §§  1-3  GENER.\L  LAWS.  2238 

mately  10,151  acres;  also  that  the  state  has  received  indemnity  for 
certain  sixteenth  and  thirty-sixth  sections  alleged  to  be  mineral  in 
character  which  said  school  sections  the  state  sold  in  place,  either  be- 
fore or  after  receiving  indemnity  therefor,  the  total  area  being  ap- 
proximately 8,715  acres;  also  that  the  state  received  approximately 
2,028  acres  in  excess  of  the  500,00t)  acre  grant;  and, 

Whereas,  The  department  of  the  interior  has  for  many  years  with- 
held from  certification  the  greater  part  of  the  lieu  land  selected  by  the 
state,  pending  a  settlement  of  said  mattors,  and  there  remains  to  be 
listed  to  the  state  upward  of  450,000  acres,  which,  if  listed  would  be 
subject  to  taxation;  now,  therefore, 

The  people  of  the  state  of  California  do  enact  as  follows: 

Payments  to  be  made  to  federal  government. 

§  1.  There  shall  be  paid  to  the  federal  government  by  the  state  of 
California,  acting  through  the  officers  hereinafter  mentioned  and  in  tho 
manner  and  upon  the  terms  and  conditions  hereinafter  set  forth,  the 
sum  of  one  and  twenty-five  one  hundredths  dollars  per  acre  for  all 
excess  certifications  of  indemnity  school  lands,  which  occurred  prior  to 
March  1,  1877,  and  for  which  said  lands  no  payment  has  as  yet  been 
made  to  the  United  States. 

Conveyance  of  land  to  federal  government. 

§  2.  The  officers  of  the  state  of  California  mentioned  in  sections  3519 
and  3520  of  the  Political  Code  of  said  state,  are  hereby  authorized,  em- 
powered and  directed,  in  the  manner  in  said  sections  provided,  to  con- 
vey to  the  United  States  by  patent,  or  otherwise,  such  an  amount  of 
land  in  sections  16  and  36,  situated  in  national  forests  or  other  reser 
vations,  as  will  equal  in  area  all  selections  that  have  been  heretofore 
listed  or  certified  by  the  government  to  the  state  of  California,  made 
in  lieu  of  sections  16  and  36  claimed  or  reported  to  be  mineral  in  ch;ir- 
acter  or  embraced  in  forest  or  other  reservations  and  wherein  swh 
base  tracts  have  been  or  may  be  sold  or  encumbered  by  the  state;  jiro- 
vided,  however,  that  no  lands  shall  be  patented  in  any  case  wherein 
it  shall  be  found  that  the  United  States  has  disposed,  by  patent  or  other- 
wise, of  the  tract  in  lieu  of  which  indemnity  was  claimed  and  granted. 

Additional  conveyances.     Surveyor  general  to  make  Indemnity  selections. 

§  3.  The  officers  of  the  state  referred  to  in  section  2  hereof  are 
hereby  authorizeil  and  directed  to  convey  by  patent  or  otherwise  to  the 
United  States,  in  addition  to  the  12.000  acres  heretofore  granted,  an 
amount  of  land  equal  in  area  to  any  additional  excess  in  certifications 
occurring  since   March   1,   1877. 

The  surveyor  general  of  the  state  of  California  is  hereby  authorized 
and  empowered  to  locate  and  select  in  the  United  States  land  offices,  for 
the  benefit  of  persons  having  certificates  of  purchase  or  patents  from 
the  state,  lands  in  sections  16  and  36,  which,  under  the  provisions  of  the 


ll 


2239  UNITED  STATES.  Act  4218,  §§  4, 5 

act  of  Congress,  approved  March  ],  1877,  and  commonly  known  as  the 
"Hoolh  Act"  are  claimed  to  be  property  of  the  United  States,  but  which 
said  lands  have  been  heretofore  sold  or  encumbered  by  the  state.  The 
yaid  lands  hereby  authorized  to  be  selected  are  lands  which  have  been 
heretofore  used  or  designated  by  the  state  of  California,  as  bases  for 
indemnity  selections,  and  for  which  the  state  of  California  received  in- 
demnity, but  which  said  lands  in  said  sections  16  and  36  the  said  state 
also  sold  or  encumbered.  For  the  purpose  of  making  the  selections 
hereby  authorized  to  be  made  the  said  surveyor  general  is  hereby  au- 
thorized and  empowered  to  use  and  designate  any  bases  or  lands  men- 
tioned in  section  3406a  of  the  Political  Code  of  the  state  of  California, 
or  any  other  bases,  which  may  be  proper  or  valid  in  making  indemnity 
selections. 

Determination  of  acreage.     Settlement  of  claims. 

§  4.  For  the  purpose  of  carrying  into  effect  the  terms  and  provisions 
of  this  act,  the  surveyor  general  of  the  state  of  California  is  authorized 
and  directed  to  ascertain  and  determine  from  the  records  of  his  office 
and  the  records  of  the  department  of  the  interior  the  amount  of  lands 
which  should  be  conveyed  to  the  United  States  and  likewise  the  number 
of  acres  of  land  as  in  this  act  provided  for  which  the  state  has  by 
the  terms  of  this  act  authorized  and  directed  paj'ment  to  be  made,  and 
after  said  facts  have  been  ascertained  and  determined,  the  said  officers 
of  said  state,  referred  to  in  sections  2  and  3  hereof,  are  hereby  au- 
thorized and  directed  to  make,  execute  and  deliver  for  said  state,  in 
its  name  and  as  its  act  and  deed,  any  and  all  written  agreements,  deeds, 
patents  or  conveyances  necessary  to  carry  out  and  consummate  the 
terms  of  this  act. 

Appropriation. 

§  5.  The  sum  of  twenty-five  thousand  (25,000)  dollars  is  hereby  ap 
propriated,  out  of  any  moneys  in  the  state  treasury  not  otherwise  ap- 
jiropriated,  for  the  purpose  of  carrj-ing  out  the  provisions  of  this  act 
and  paying  all  necessary  expenses  of  the  surveyor  general  and  attorney 
general  in  connection  herewith  and  the  state  controller  is  hereby  au- 
thorized and  directed  to  draw  his  warrant  or  warrants  in  favor  of  the 
United  States,  or  the  proper  officers  thereof,  for  such  amount  as  may  be 
payable  to  said  United  States  under  the  terms  hereof,  and  also  to  draw 
his  warrant  or  warrants  for  the  necessary  expenses  of  the  surveyor 
general  and  attorney  general  in  carrying  out  the  provisions  of  this  act, 
and  the  state  treasurer  is  hereby  directed  to  pay  the  same. 


Acts  4231, 4232  general  laws.  2240 

TITLE  541. 
UNITED   STATES   SENATORS. 
ACT  4231. 

An  act  providing  for  placing  the  names  of  candidates  for  United  States 
senator  in  Congress  upon  the  oflRcial  ballot  at  general  elections,  for 
counting,  canvassing  and  making  returns  of  the  votes  therefor,  pro- 
viding the  method  of  notifying  the  legislature  of  the  results  of  such 
election,  and  defining  the  duties  of  certain  officers  in  relation 
thereto.  [Approved  April  7,  1911.  Stats.  1911,  p.  704.] 
Repealed  May  20,   1913    (Stats.   1913,   p.   238). 

See    section    3   of   the   act    amending   sections   of    the   Political    Code   relatine    tn 
the    election    of    senators    in    Congress.      Approved    May    20,    1913      (Stats.   1913, 
*    p.  237). 

ACT  4232. 

An  act  to  provide  for  the  expression  by  the  qualified  electors  of  the 
several  political  parties  of  their  choice  for  nomination  by  their 
party  for  President  of  the  T'nited  States,  and  to  provide  for  the 
election  of  the  delegates  of  said  political  parties  to  their  respective 
national  conventions,  and  to  call  an  election  in  conformity  with 
the  provisions  of  this  act. 

[Approved  December  24,  1911.  Stats.  Ex.  Sess.  1911,  p.  85.  In  effect  im- 
mediately.] 

Presidential  primary  election.  Expression  of  preference,  and  election 
of  delegates  to  party  conventions. 
§  1.  On  Tuesday,  May  14th,  1912,  and  on  the  second  Tuesday  in  May 
of  every  fourth  year  thereafter,  there  shall  be  held  a  primary  nomina 
ting  election,  to  be  known  as  the  May  presidential  primary  election, 
at  which  the  qualified  electors  of  the  several  political  parties  shall  have 
opportunity,  on  separate  iKirty  ballots  provided  for  that  purpose,  to  ex- 
press their  preference  as  to  the  nominees  of  their  respective  parties  for 
President  of  the  United  States,  and  also  to  elect  the  delegates  of  their 
respective  parties  to  their  respective  national  conventions  for  the  nomina- 
tion of  their  partv  candidates  for  President  and  Vice-President  of  the 
United  States. 

Method  of  nomination.     AiRdavit  from  candidate.     Statement  of  person 
not   a   candidate.     Verification  deputies.     Printing   names   of   candi- 
dates.    Headings. 
§  2.     The  names  of  the  candidates  for  nomination  as  President  of  the 
United   States  shall  be  printed  upon  the  ballots,  upon   the   filing  of  the 
nomination    pajiers    substantially    as    provided    in    section    .5    of    the    ait 
entitled  "An  act  to  provide  for  and  regulate  primary  elections,  and  pro- 
viding  the    method    whereby    electors    of    political    parties    may    express 
their   choice   at   such   primaj-y   elections   for   United   States   senator,   and 
to   repeal   an   act   entitled   an   act   to   provide   for   and   regulate   primary 
elections,  and   providing  the   method  whereby   the   electors   of   political 


I 


ii 


2241  UNITED  STATES  SENATORS.  Act  4232,  §  3 

parties  may  express  their  choice  at  such  primary  elections  for  United 
States  senator,  approved  March  24,  1909,"  approved  April  7,  1911,  said 
act  being  also  known  and  hereinafter  referred  to  in  this  act  as  the 
"direct  primary  law";  provided,  that  nomination  papers  for  each  of  said 
candidates  must  be  signed  by  not  less  than  one  per  centum  of  the 
voters  of  his  party  in  each  congressional  district  of  the  state;  and  fur- 
ther provided,  that  no  candidate  for  nomination  for  President  need  sign 
or  file  any  petition,  affidavit,  declaration,  statement  or  paper  of  any 
kind  to  get  his  name  upon  the  ballot,  but  that  in  event  that  any  per- 
son who  is  presented  as  a  candidate  for  nomination  for  President  by 
filing  of  nomination  papers  as  herein  provided  for,  shall,  on  or  before  the 
thirty-fifth  day  before  the  date  of  the  presidential  primary  election, 
announce  by  an  affidavit,  declaration,  or  statement  filed  in  the  office  of 
the  secretary  of  state,  that  he  is  not  a  candidate  for  nomination  for 
President,  and  that  he  does  not  wish  his  name  to  be  printed  upon  the 
ballot  for  said  election,  the  said  secretary  of  state  shall  not  certify 
or  transmit  the  name  of  such  candidate  to  the  respective  county  clerks 
or  registrars  of  voters,  and  such  name  shall  not  be  printed  upon  the  bal- 
lots; and  provided,  also,  that  verification  deputies  may  be  designated 
by  any  party  supporter  of  any  candidate  for  President,  and  the  name 
of  such  supporter,  followed  by  the  words  "a  party  supporter  of"  shall 
precede  the  name  of  the  candidate  in  the  form  of  affidavit  for  verifi- 
cation deputies  provided  for  in  said  section  5  of  said  "direct  primary 
law."  The  names  of  the  several  candidates  for  nomination  for  Pres 
ident  together  with  the  blank  space  for  writing  the  name  of  such  a  can- 
didate, and  the  headings  for  the  same  shall  appear  at  the  top  and  center 
of  the  ballot  immediately  below  the  instructions  to  voters,  and  shall 
be  printed  in  heavy  face,  eight  point,  capital  type.  The  order  in  which 
the  names  of  the  candidates  for  presidential  nominee  shall  be  printed 
upon  the  ballot,  shall  be  the  order  in  which  the  nomination  papers  of 
such  candidates  are  filed  with  the  secretary  of  state;  and  such  names  shall 
be  printed  one  after  the  other  in  a  horizontal  line,  each  name  being 
followed  by  a  voting  square,  the  space  for  the  name  and  voting  square 
together  being  headed  by  the  words  "For  Presidential  Nominee,"  printed 
in  heavy  face  ten  point  gothic  type,  and  occupying  no  less  than  two  and 
one-half  inches  of  horizontal  space.  This  space  shall  be  left  blank 
above  the  "No  Preference  Column"  provided  for  in  section  5  of  this 
act.  Below  the  words  "For  Presidential  Nominee"  heading  the  blank 
space  hereinbefore  provided  for,  shall  be  the  words  "Blank  Space"  in 
six  point  gothic  type.  Above  the  words  and  spaces  herein  described 
shall  be  printed  in  heavy  face  twelve  point  gothic  type  the  words 
"Vote  for  One  as  Your  Choice  for  Presidential  Nominee." 

Delegates  to  party  conventions.     Number  of,  how  ascertained.     Elected 
at  large.     Parties  entitled  to  participate. 
§  3.     The  chairman  of  the  state  central  committee  of  each  of  the  po- 
litical parties  qualified  to  participate  in  the  election  provided  for  in  this 
141 


i 


Act  4232,  §  4  GENERAL  LAWS.  2242 

act  shall  notify  the  secretary  of  state  on  or  before  the  first  day  of  March 
of  each  bissextile  or  leap  year  as  to  the  number  of  delegates  to  rep- 
resent the  state  in  the  next  national  convention  of  his  said  party.  If 
the  state  chairmen,  or  any  of  them,  fail  to  file  such  notice,  it  shall  be 
the  duty  of  the  secretary  of  state  to  ascertain  the  said  number  of  dele- 
gates from  the  call  for  said  national  convention  issued  by  the  national 
committee  of  each  party  whose  chairman  has  failed  to  notify  him  as 
aforesaid. 

The  delegates  who  shall  represent  each  political  party  at  its  national 
convention  shall  all  be  elected  by  the  voters  of  the  state  at  large.  The 
secretary  of  state  shall,  on  or  before  the  tenth  day  of  March  of  the 
year  of  the  May  presidential  primary  election,  certify  to  the  county 
clerk  or  registrar  of  voters  of  each  county,  or  city  and  county,  the  num- 
ber of  delegates  to  be  so  elected  by  each  of  the  political  parties  qualifii-  1 
to  partiei|>ate  in  the  said  election.  Any  political  party  shall  be  qualifii  i 
to  participate  in  the  May  jjresidential  primary  election  which  is  qualifi<  1 
to  participate  in  the  September  primary  election  according  to  the  pro- 
visions of  the  "direct   primary   law." 

Method  of  nominating  delegates.     Percentage.     Grouping  of  candidates. 

Apportionment  of  candidates.     Indorsement  of  group  by  candidate. 

Affidavit  and  statement  by  candidate. 
§  4.  The  names  of  persons  to  be  voted  upon  as  delegates  to  the  re 
spective  national  conventions  of  the  several  political  parties  shall  1"' 
printed  upon  the  ballots  of  their  respective  parties  upon  the  filing  it 
nomination  pajiers  substantially  in  the  form  provided  in  section  c^  ot 
the  "direct  primary  law";  provided,  that,  in  the  case  of  each  party, 
nomination  papers  for  candidates  for  delegates  must  be  signed  by  n^t 
less  than  one  per  centum  of  the  voters  of  said  jiarty  in  each  congre> 
sional  district  of  the  state;  and  jirovided,  also,  that  whenever  a  numlur 
of  candidates  for  delegates  join  together  in  appointing  the  same  vcri 
fication  deputies,  and  in  filing  statements  with  the  secretary  of  stat<'. 
as  hereinafter  provided  in  this  section,  setting  forth  that  said  candidaf."- 
for  delegates  prefer  the  same  person  as  candidate  for  presidenti.il 
nominee,  there  may  be  filed  upon  the  same  nomination  paper  the  nanus 
of  as  great  a  number  of  candidates  for  delegates  from  any  j>arty  as 
the  total  number  of  delegates  to  be  elected  by  said  party,  and  no  nuTo 
than  such  number;  and  provided,  further,  that  when  the  number  ot 
names  of  candidates  printed  ujion  the  same  nomination  paper  exceeds 
the  number  of  congressional  districts  in  the  state,  but  is  less  than 
twice  the  number  of  such  districts,  the  names  of  such  candidates  thus 
grouped  together  shall  be  so  selected  that  not  more  than  three  and 
not  less  than  one  of  such  candidates  shall  reside  in  any  one  congressional 
district,  and  that  when  the  number  of  names  of  candidates  printed  upon 
the  same  nomination  paper  exceeds  twice  the  number  of  congressional 
districts  in  the  state,  the  names  of  such  candidates  thus  grouped  to- 
gether shall  be  so  selected  that  not  more  than  four  and  not  less  than  two 


2243  UNITED  STATES  SENATORS.  Act  4232,  §  5 

of  such  canrlidates  shall  reside  in  any  one  congressional  district;  and  if 
not  so  selected  said  names  shall  not  be  grouped  together  on  the  ballot, 
but  shall  appear  as  individuals. 

Candidates  for  delegates  grouped  together  on  the  same  nomination 
paper  selected  as  aforesaid  shall  be  similarly  grouped,  in  the  same 
order  of  names,  upon  the  ballots  of  their  party;  provided,  that  such 
group  of  candidates  for  delegate  has  the  indorsement  of  that  candidate 
for  presidential  nomination  for  whom  the  members  of  said  group  have 
filed  a  preference,  or  the  indorsement  of  such  a  state  political  organ- 
ization created  in  support  of  the  candidacy  of  said  presidential  nomi- 
nee as  shall  not  be  repudiated  by  him  as  lacking  authority  to  make 
such  indorsement;  said  indorsement,  either  of  the  candidate  or  of  the 
organization  supporting  him,  to  be  filed  -with  the  secretary  of  state. 
No  candidates  for  delegate  not  thus  indorsed  shall  have  their  names 
printed  upon  the  ballot  in  a  group,  but  such  candidates  must  appear  as 
individuals;  and  further  provided,  that  the  name  of  no  candidate  shall 
appear  more  than  once  on  the  ballot,  and  that  any  candidate  whose 
nomination  paper  is  filed  in  more  than  one  group,  or  in  the  same  group 
differently  arranged  shall  have  his  name  printed  on  the  ballot  as  a 
part  of  that  group  which  has  received  the  indorsement  as  herein  recited; 
provided,  that  one  of  the  groups  in  which  his  name  occurs  has  received 
such  indorsement. 

Each  candidate  for  election  as  delegate  to  his  national  party  con- 
vention must  file  with  the  secretary  of  state  not  later  than  the  time  of 
filing  of  the  nomination  papers  containing  his  name,  an  affidavit  sub- 
stantially as  provided  in  section  5  of  the  "direct  primary  law,"  and 
may  also   include   with  his   affidavit  the   statement   "I  personally  prefer 

as   the  nominee   of   my   party  for   President   of  the   United    States" 

(filling  in  the  blank  by  inserting  his  choice  for  such  nominee).  But 
his  failure  to  include  such  statement  shall  not  be  a  A-alid  ground  on  the 
part  of  the  secretary  of  state  for  refusal  to  receive  and  file  the  nom- 
ination papers   containing  his  name. 

Arrangement  of  names  in  parallel  columns.  Headings,  Style  of  print- 
ing names.  Arrangement  for  voting. 
§  5.  The  names  of  the  candidates  for  delegate  in  any  political  party 
shall  be  arranged  upon  the  ballots  of  such  party  in  parallel  columns  each 
column  standing  directly  underneath  the  space  headed  by  the  words, 
"For  Presidential  Nominee,"  and  the  various  candidates  for  delegate 
appearing  in  these  columns  as  determined  by  their  preference  for 
President,  according  to  the  provisions  of  section  4  of  this  act.  The 
left-hand  column  shall  be  headed  in  heavy  face,  ten  point,  gothic  type, 

"Candidate  Preferring  "   (the  blank  being  filled  out  by  the  surname 

of  the  first  candidate  for  presidential  nominee  on  the  ballot,  as  deter- 
mined by  section  2  of  this  act).  The  second  column  shall  be  similarly 
headed,  except  that  the  surname  of  the  candidate  for  presidential  nom- 
inee shall  be  for  the  name  second  in  the  list  of  candidates  for  presiden- 


Act  4232,  §  5  GENERAL  LAWS.  2244 

tial  nominee,  and  so  on  for  as  many  candidates  for  presidential  nominee 
as  are  printed  at  the  top  of  the  ballot  in  the  list  of  such  candidates. 
To  the  right  of  the  last  column  headed  by  the  surname  of  a  candidate 
for  presidential  nominee  shall  be  a  column  headed  "No  Preference  Col- 
umn," in  which  shall  appear  the  names  of  all  candidates  for  delegate 
who  have  expressed  no  preference  for  presidential  nominee  or  who  have 
expressed  a  preference  for  a  candidate  for  presidential  nominee  other 
than  the  candidates  for  presidential  nominee  printed  at  the  top  of  the 
ballot.  Above  this  "No  Preference  Column,"  neither  the  words  "For 
Presidential  Nominee,"  nor  the  space  for  the  name  of  such  nominee  shall 
appear.  To  the  right  of  this  last  column  shall  V)e  a  column  headed 
"Blank  Column,"  which  shall  contain  as  many  blank  spaces  as  there  are 
delegates  to  be  elected  by  the  political  party  concerned.  In  case  that 
there  are  no  names  of  candidates  for  delegate  to  be  placed  in  a  "No 
Preference  Column,"  euch  "No  Preference  Column"  shall  be  omitted 
from  the  ballot,  and  the  "Blank  Column"  as  herein  provicled  for  shall  be 
placed  to  the  right  of  and  contiguous  to  the  last  column  headed  by  tlie 
surname  of  a  candidate  for  presi<iential  nominee.  In  the  event  that  two 
or  more  candidates  for  presidential  nominee  whose  names  are  printed 
upon  the  same  ballot  have  the  same  surname,  the  distinguishing  names 
or  initials  of  such  candidates  shall  be  prefixed  to  their  respective  sur- 
names on  said  ballot,  following  the   words   "Candidates   Preferring." 

The  names  of  the  various  candidates  for  delegate  shall  be  printed 
in  eight  point,  roman  capital  type,  under  their  re8j>ective  preferences 
for  presidential  nominee  or  in  the  no  preference  column,  as  heretofore 
provided  in  this  act.  The  names  of  each  group  on  the  ballot  shall  be 
numbered  in  heavy  face,  eight  point  ty[ie.  The  order  of  names  for  ea<'h 
column  upon  the  liallot  shall  he  the  same  as  the  order  in  which  such 
names  were  filed  with  the  secretary  of  state;  provided,  that  above  the 
indi\idual  names  in  each  column  sliall  apjiear  the  group  of  names,  if 
any,  which  has  received  the  indorsement  referred  to  in  section  4  of 
this  act. 

A  blank  column  one-half  inch  wide  shall  be  left  upon  the  ballot  op 
posite  each  group  of  names  and  to  the  right  of  the  column  of  voting 
squares  for  the  individual  names  and  separated  from  it  by  a  light  dotteil 
line,  which  blank  column  shall  contain  a  square  in  which  may  bo 
stamped  a  cross  (X)  which  shall  be  counted  as  a  vote  for  each  and 
every  name  in  the  group  opposite.  Lengthwise  along  this  blank  col 
umn  shall  be  printed  "A  cross  (X)  stamped  in  this  square  shall 
be  counted  for  each  name  of  the  group  to  the  left."  The  line  separating 
any  name  from  any  other  name  not  in  a  group  or  from  any  group  of 
names  shall  be  heavier  than  any  line  separating  the  individual  names 
in  such  group,  and  shall  extend  across  the  blank  column  provided  for  in 
this  paragraph.  Below  the  top  line  of  this  extension  shall  be  printed 
in  small  heavy  face  type  the  words  "toji  of  group."  and  above  the  bot- 
tom line  of  the  extension,  the  words  "end  of  group." 


2245  UNITED  STATES  SENATORS.      Act  4232,  §§  6-8 

Statement  "by  candidate  as  to  his  action  if  elected. 

§  6.  P^ac'h  candidate  for  election  as  delegate  to  his  national  party 
convention  may  include  with  his  affidavit  the  statement  hereinafter  set 
forth  in  this  section;  but  his  failure  to  include  such  statement  shall  not 
be  a  valid  ground  on  the  part  of  the  secretary  of  state  for  refusal  to 
receive  and  file  his  nomination  pajjer  or  papers. 

Such  statement,  if  any  be  made,  shall  be  in  substantially  the  follow- 
ing form: 

DELEGATE'S  STATEMENT. 

I  hereby  declare  to  the  voters  of  my  political  party  in  the  state  of 
California  that  if  elected  as  delegate  to  their  national  party  convention, 
I  shaH,  to  the  best  of  my  judgment  and  ability,  support  that  candidate 
for  President  of  the  United  States  who  shall  have  received  the  highest 
number  of  votes  cast  throughout  the  entire  state  by  the  voters  of  my 
party  for  said  office,  at  the  May  presidential  primary  election. 

'  ) 

Signature  of  candidate  for  delegate. 

Alternate  delegates. 

§  7.  The  delegates  to  each  national  party  convention  elected  at  the 
May  presidential  primary  election,  shall,  before  leaving  the  state  to 
attend  the  convention,  meet  together  and  select  alternates  to  the  con- 
vention. The  number  of  alternates  to  be  selected  shall  be  no  greater 
than  one  for  each  delegate,  and  each  alternate  must  be  selected  from 
the  congressional  district  of  the  delegate  for  whom  he  is  an  alternate; 
and  the  method  of  selection  shall  be  as  determined  upon  by  the  majority 
of  the  whole  number  of  delegates  who  have  been  elected  to  the  con- 
vention. The  duties  of  an  alternate  shall  be  those  usually  appertaining 
to  that  position,  and  as  prescribed  by  each  party  in  the  call  for  its 
national  convention.  The  alternate  of  any  such  delegate  as  may  be 
unable  to  attend  the  convention,  shall  attend  the  convention  in  his 
jilace,  and  shall  otherwise  discharge  the  duties  of  said  delegate. 

Registration  for  use  at  presidential  primary.  Qualification  for  signing 
nomination  paper. 
§  8.  For  purposes  of  the  May  presidential  primary  election,  the 
original  affidavits  of  registration  and  indexes  used  in  the  last  general 
election  in  any  county  or  city  and  county  in  this  state  may  be  used, 
together  with  the  original  affidavits  of  registration  since  the  last  elec- 
tion, and  supplemental  indexes,  showing  all  additional  registrations, 
changes  and  corrections  made  since  the  registration  for  the  last  general 
election,  completed  to  and  including  the  thirty  first  day  prior  to  said 
May  presidential  primary  election,  which  shall  be  the  last  day  on  which 
any  person  may  register  or  transfer  registration  so  as  to  entitle  said  person 
to  a  vote  at  such  primary.  Any  person  registered  in  accordance  with  the 
provisions  of  this  section,  and  who  has  stated  his  political  affiliation  in 
accordance  with  section  1096  of  the  Political  Code,  shall  be  qualified  to 


Act  4232,  §  9  GEXERAL  LAWS.  2246 

vote  at  such  election,  and  shall  receive  the  ticket  of  that  political  party 
only  with  which  he  has  declared  himself  affiliated.  Any  person  qualified 
by  the  provisions  of  this  section  to  vote  at  any  May  presidential  primary 
election  shall  also  be  qualified  to  sign  the  nomination  papers  of  any  person 
to  be  voted  upon  at  such  primary  election. 

Preparation  and  form  of  ballot.     Instructions  to  voters.     Form. 

§  9.  The  ballot  to  be  used  at  the  May  presidential  primary  election 
shall  be  prepared  according  to  the  provisions  of  sections  2,  4  and  5  of 
this  act,  and  also  according  to  such  provisions  of  section  12  of  the 
"direct  primary  law"  as  are  applicable  to  this  act  and  not  in  conflict 
with  its  provisions;  provided,  that  the  words  at  the  top  of  the  ballot 
shall  be  "Official  Presidential  Primary  Election  Ballot,"  and  tliat  the 
iiistructions  to  voters  shall  be  as  follows:  To  vote  for  a  person  whose 
name  apj>€ars  on  the  ballot,  stamp  a  cross  (X)  in  the  square  at  the 
right  of  the  name  of  the  person  for  whoui  you  desire  to  vote;  or  if  you 
wish  to  vote  for  all  of  a  group  of  persons,  stamp  a  cross  (X)  in  the 
sipiare  opi)Osite  such  group,  which  cross  shall  be  counted  for  each  naiue 
of  the  group.  A  group  consists  of  candidates  for  <lelegate  nominated 
on  the  same  nomination  paper.  To  vote  for  a  person  whose  name  is  not 
jirinted  on  the  ballot,  write  his  name  in  the  blank  space  provided  for 
that  purpose.  There  shall  be  printed  in  heavy  face,  twelve  point,  gothic 
tyj)e,  across  the  page  above  the  column  of  candidates  for  delegates,  the 

words,  "For  Delegates  to  National  Convention   Vote  for  ,  either  as 

individuals    or    by    group,    but    do    not    vote    for    more    than   "    (the 

blanks  being  filled  in  by  the  number  of  delegates  to  be  elected  by  the 
political  jiarty  concerned). 

The  ballot  shall  be  printed  substantially  in  the  following  form: 


2247 


UNITED  STATES  SENATORS. 


Act  4232,  §  9 


OrnCIAL  PRESIDENTIAL  PRIMARY   ELECTION  BALLOT 


REPUBLICAN    PARTY 

Third  Astcmbly  Dillrict,  Mair  M,  1913. 


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Act  4232,  §§  10-12  general  laws.  2248 

Biographical  sketches  of  candidates  for  presidential  nomination. 

§  10.  AccomjiaDying  the  sample  ballot  for  the  May  presidential  pri- 
mary eleftion  mailed  to  the  voters  of  each  political  party,  there  shall 
be  incliule.l  for  such  party  a  sheet  with  the  following  title  in  twenty- 
four  point  capital  type,  "Biographical  Sketches  of  Presidential  Camii- 
dates."  Under  this  hea<ling  there  shall  appear  in  twelve  point  ca[>ital 
type  the  name  of  each  candidate  of  such  party  for  nomination  for 
President  for  whom  a  liiographica]  sketch  is  furnished,  and  below  such 
name  shall  be  printed  in  ten  point  type  the  biography  of  such  candidate 
in  no  more  than  three  hundred  words.  The  biograjihical  sketch  of  each 
candidate  for  [presidential  nomination  shall  be  furnished  by  such  can- 
didate or  by  such  state  political  organization  created  in  support  of  his 
candidacy  as  shall  not  be  repudiated  by  him  in  lacking  authority  to 
furnish  such  biographical  sketch.  Such  biographical  sketch  shall  be  sent 
to  the  secretary  of  state  together  with  the  sum  of  two  hundred  dollars  to 
defray  the  cost  of  its  publication,  at  least  forty  days  prior  to  the  date 
of  the  May  presidential  primary  election,  and  it  shall  be  printed  at  the 
state  printing  office  and  sent  to  the  county  clerks  or  registrars  of  voters 
to  be  mailed  with  the  sample  ballots  as  aforesaid.  The  biographical 
sketches  of  all  the  candidates  for  presidential  nomination  of  any  party 
who  api)ear  upon  the  ballot  of  such  i>arty,  and  none  other,  shall  In- 
printed  upon  the  same  sheet,  and  shall  appear  in  the  same  order  as  they 
ajjpear  upon  the  ballot.  The  sheet  mailed  to  the  voters  by  the  county 
clerks  or  registrars  of  voters  shall  be  the  one  which  contains  the  bio:,' 
raphies  of  such  candidates  for  presidential  nomination  as  appear  up<in 
the  ballots  mailed  to  the  voters  in  the  same  envelope  and  no  other  she<  t 
shall  be  mailed.  In  the  case  of  any  political  party  for  none  of  whn.-e 
candidates  any  biographical  sketch  has  been  furnished,  no  sheet  as 
hereinbefore  provided   shall  be  prepare<l   or  mailed. 

Provisions  of  direct  primary  law  to  govern. 

§  11.  The  provisions  of  the  direct  primary  law  as  amended  by  the 
legislature  of  the  state  of  California  at  its  sj)ecial  session  commencing 
on  the  twenty-seventh  day  of  November.  1911,  shall  govern  the  May 
presidential  primary  election  in  so  far  as  said  provisions  are  applicable 
to  said  election  and  are  not  inconsistent  with  or  in  conflict  with  the  pro- 
visions of  this  act. 


First  election  called  under  this  act. 

§  12.  The  first  election  under  the  provisions  of  this  act  Is  bereby 
called  for,  and  shall  be  held  throughout  the  state  of  California,  on  Tues 
day,  the  fourteenth  day  of  May,  1912.  It  shall  be  the  duty  of  the  sec- 
retary of  state  and  attorney  general  to  prepare,  on  or  before  the  first 
day  of  February,  1912,  all  forms  necessary  to  carry  out  the  jirovisions 
of  this  act,  which  forms  shall  be  substantially  followed  in  all  presiden- 
tial primary  elections  held  in  pursuance  hereof. 


11 


2249  UNIVERSITY  OF  CALIFORNIA.      Acts  4240-424:5a 

Title  of  act. 

§  13.     This  act  shall  be  known  as  the  presidential  primary  act. 

Time  of  taking  effect. 

§  14.  This  act,  inasmuch  as  it  calls  an  election  and  provides  the  pro- 
cedure therefor,  shall,  under  the  provisions  of  article  4,  section  1  of 
the  constitution,  take  effect  immediately. 

§  15.  All  acts  and  parts  of  acts  inconsistent  with  or  in  conflict  with 
the  provisions  of  this  act  are  hereby  repealed. 

TITLE  542.  , 

UNIVERSITY   OF   CALIFORNIA. 
ACT  4240. 

Citations.      Cal.   163/707. 

ACT  4244. 

An  act  to  provide  for  the  permanent  support  and  improvement  of  the 
University  of  California  by  the  levy  of  a  rate  of  taxation  and  the 
creation  of  a  fund  therefor,  and  to  repeal  an  act  approved  Feb- 
ruary 14,  1887,  entitled:  "An  act  to  provide  for  the  permanent  sup- 
port and  improvement  of  the  University  of  California  by  the  levy  of 
a  rate  of  taxation  and  the  creation  of  a  fund  therefor,"  and  also  to 
repeal  an  act  approved  February  27,  1897,  entitled  "An  act  to  pro- 
vide additional  support  and  maintenance,  and  for  the  acquisition  of 
necessary  property  and  improvements  of  the  University  of  Cali- 
fornia, bv  the  levy  of  a  rate  of  taxation,  and  the  creation  of  a  fund 
therefor."  [Approved  March  20,  1909.  Stats.  1909,  p.  543.] 
Repealed  1911,  p.  1104. 
See  Act  4066. 

ACT  4245. 

An  act  to  provide  for   a   continuous   appropriation   for   the  support   and 

maintenance  of  the  University  of  California,  to  be  an  item  of  the 

general  appropriation  bill.     [Approved  March  15,  1901.     Stats.  1901, 

p.  307.] 

Repealed  June  6,   1913    (Stats.  1913,  p.  905). 

See  Act   4245a,  post. 

ACT  4245a. 

An  act  providing  for  a  continuous  appropriation  for  the  support  and 
maintenance  of  the  University  of  California  to  be  an  item  of  the 
general  appropriation  bill  and  repealing  the  act  entitled  "An  act 
to  provide  a  continuous  appropriation  for  the  support  and  mainte- 
nance of  the  University  of  California  to  be  an  item  of  the  general 
appropriation  bill,"   approved  March   15,   1901. 

[Approved  June  6,  1913.     Stats.  1913,  p.  905.] 


Act  4252a,  §§  1-3  general  laws.  2250 

§  1.  It  is  hereby  declared  that  it  is  necessary  and  expedient  for  the 
state  of  California  to  provide  a  permanent  increase  of  the  funds  of  the 
University  of  California. 

Appropriation:  Maintenance,  University  of  California. 

§  2.  In  addition  to  all  other  sums  of  mi»ney  or  funds  provided  for  the 
8n[)[»ort  and  maintenance  of  the  University  of  California,  and-  commen- 
cing with  the  sixty-fifth  fiscal  year,  there  shall  be  an  appropriation  bi- 
ennially for  the  sum  of  four  hundred  thousand  dollars  ($4013,000)  there- 
for, which  sum  shall  be  carried  into  the  general  appropriation  bill  as  are 
the  items  of  appropriation  for  other  state  institutions,  and  be  an  item 
thereof. 

Repealed. 

§  3.  An  act  entitled  "An  act  to  provide  a  continuous  appropriation 
for  the  support  and  maintenance  of  the  University  of  California,  to  be 
an  item  of  the  general  appropriation  bill,"  approved  March  15,  1901, 
is  hereby   repealed. 

ACT  4252a. 

An  act  authorizing  the  regents  of  the  ITniversity  of  California  to   hold 

farmers'    institutes,    and    making    an    apjiropriation    therefor. 

[Approved   March   23,    1911.     Stats.    1911,  p.   438.] 

Farmers'  institutes. 

§  1.  The  boanl  of  regents  of  the  University  of  California  is  hereby 
authorized  to  hold  institutes  for  the  instruction  of  citizens  of  this  state 
in  the  various  branches  of  agriculture.  JSuch  institutes  shall  be  held 
at  such  times  and  at  such  places  in  this  state  as  said  board  may  direct. 
The  said  board  shall  make  such  rules  and  regulation  as  it  may  deem 
proper  for  organizing  and  conducting  such  institutes,  and  may  employ 
an  agent  or  agents  to  perform  such  work  in  connection  therewith  as 
they  may  deem  best.  The  course  of  instruction  at  such  institutes  shall 
be  so  arranged  as  to  present  to  those  in  attendance  the  results  of  the 
most   recent    investigations   in   theoretical   and   practical   agriculture. 

Appropriation. 

§  2.  The  sura  of  thirty  thousand  dollars  is  hereby  appropriated  out 
of  any  money  in  the  state  treasury,  not  otherwise  appropriated,  for  thi 
use  of  the  regents  of  the  I'niversity  of  California  as  herein  provided 
and  for  the  purposes  of  this  act,  during  the  two  fiscal  years  following  the 
passage  of  this  act.  Fifteen  thousan.i  dollars  shall  be  paid  on  the  firsi 
day  of  Julv,  1911,  and  fifteen  thousand  dollars  on  the  first  dav  of  Juh 
19i2. 

§  3.     The  controller  shall  draw  his  warrants  for  said  sums  in  favor  o  | 
the  treasurer  of  said  board  of  regents,  and  the  state  treasurer  shall  pa 
the  same. 


2251  UNIVERSITY  OF  CALIFORNIA.       Acts  4256b,  4260 

§  4.  This  act  is  hereby  exempted  from  the  provisions  of  section  672 
of  the  Political  Code. 

§  5.     This  act  shall  take  effect  iinmediatelj. 

ACT  4256b. 

An  act  providing  for  the  completion  of  construction,  and  for  moving, 
changing  and  improving  the  buildings  of,  and  for  the  purchase  of 
equipment,  apparatus,  furnishings  and  supplies  for,  the  Los  Angeles 
department  of  the  college  of  medicine  of  the  University  of  Cali- 
fornia,  and   making  an   appropriation   therefor. 

[Approved   June    7,    1913.     Stats.    1913,    p.    872.] 

Appropriation:  Los  Angeles  department  of  college  of  medicine,  Uni- 
versity of  California. 
§  1.  The  sum  of  twenty-five  thousand  dollars  is  hereby  appropriated 
out  of  any  moneys  in  the  state  treasury  not  otherwise  appropriated,  to 
be  paid  to  the  regents  of  the  University  of  California,  to  be  by  them 
expended  as  follows:  For  the  completion  of  the  hospital  buildings  for 
the  Los  Angeles  department  of  the  college  of  medicine  of  the  Uni- 
versity of  California  on  the  property  held  by  the  regents  of  the  Uni- 
versity of  California  and  situated  on  North  Broadway  and  Castelar 
streets,  between  Ord  and  Alpine  streets,  in  the  city  of  Los  Angeles, 
county  of  Los  Angeles,  ^tate  of  California;  and  for  the  expense  incurred 
in  the  moving,  changing  and  improving  of  the  buildings  at  present 
located  on  said  property;  and  for  the  purchase  of  such  equipment,  ap- 
paratus, furnishings  and  supplies  as  are  necessary  for  the  use  and 
operation  of  the  aforementioned  buildings. 

§  2.  The  state  controller  is  hereby  authorized  and  directed  to  draw 
his  warrants  in  favor  of  the  said  the  regents  of  the  University  of  Cali- 
fornia for  the  moneys  herein  appropriated,  at  such  time  and  in  such 
manner  as  the  expenditure  of  the  same  shall  be  required,  and  the  state 
treasurer  is  hereby  directed  to  pay  said  warrants. 

ACT  4260. 

An  act  to  establish  and  maintain  a  state  hygienic  laboratory  for  bac- 
teriological and  chemical  analysis  for  the  use  of  the  state  board  of 
health,  providing  for  the  appointment  of  a  director  thereof,  and 
assistants;  making  an  appropriation  therefor  and  prescribing  the 
duties  of  the  state  controller  and  state  treasurer  in  relation  thereto. 
[Approved  March  18,  1905.  Stats.  1905,  p.  209.] 
Amended  1911,  Statutes  of  1911,  page  320,  as  follows: 

State  hygienic  laboratory  established. 

§  1.  There  shall  be  established  and  maintained  at  the  University  of 
California,  at  Berkeley,  for  the  use  of  the  state  board  of  health,  a  state 


Act  4261a,  §§  1, 2  general  laws.  2252 

hygienic  laboratory  for  bacteriological  and  chemical  analysis,  which  shall 
be  under  the  management  and  control  of  the  state  board  of  health;  anil 
branches  of  said  laboratory  may  be  established  and  maintained  by  said 
board  from  time  to  time,  at  such  other  places  within  the  state  of  Cali- 
fornia as  the  said  board  may  determine  to  be  necessary  for  the  pro- 
jection of  the  public  health.  [Amendment  approved  March  9,  1911; 
Stats.  1911,  p.  320.] 

Director.     Assistajit.     Salaries. 

§  2.  The  state  board  of  health  shall  appoint  a  director  of  said  state 
laboratory  who  shall  be  a  skilled  bacteriologist  and  chemist,  and,  sub- 
ject to  the  control  of  said  board,  shall  have  general  supervision  of  said 
laboratory  and  any  branch  laboratories  that  may  be  established  here 
under.  Said  board  shall  also  appoint  an  assistant  director  for  each 
branch  laboratory  established,  who  shall  likewise  be  a  skilled  bacteriolo- 
gist and  chemist,  and  shall  also  appoint  such  other  assistants  as  may 
from  time  to  time  be  necessary  to  carry  on  the  work  of  said  laboratory 
and  the  branches  thereof.  The  salaries  of  the  director,  assistant  direct- 
ors, and  other  assistants  shall  be  fixed  by  the  state  board  of  health  and 
they  shall  hold  office  at  the  pleasure  of  said  board;  provided,  however, 
that  all  such  salaries  and  all  exjienses  incurred  for  equipment,  rent, 
materials,  traveling  expenses,  and  other  things  incidental  to  the  main- 
tenance and  operation  of  such  laboratories,  shall  be  paid  out  of  the 
money  approjtriated  for  bacteriological  laboratory  support  by  the  terms 
of  the  general  ajipropriation  act.  [Amendment  approved  March  9,  1911; 
Stats.  1911,  p.  320.] 

§  3.  The  state  controller  is  hereby  authorized  to  draw  his  warrants 
for  the  sums  so  appropriated  in  favor  of  the  8e<?retary  of  the  state  board 
of  health  and  the  state  treasurer  is  hereby  directed  to  pay  the  same. 
I  Amendment  approved  March  9,  1911;   Stats.   1911,  p.  320.] 

ACT  4261a. 

An   act   providing  for  the  construction  and  equipment  of  one  ilormitory 

at  the  university  farm  and  agricultural  school  at  Davis,  and  making 

an  appropriation  therefor. 

[Approved  June  7,  1913.     Stats.  1013,  p.  873.] 

Appropriation:  Dormitory,  university  farm,  Davis. 

§  1.  The  sum  of  forty  thousand  dollars  is  hereby  appropriated  out 
of  any  moneys  in  the  state  treasury  not  otherwise  appropriated,  to  be 
paid  to  the  regents  of  the  University  of  California,  to  be  used  by  them 
in  the  construction  and  equipment  of  one  dormitory  at  the  university 
farm   and   agricultural  school   at   Davis. 

§  2.  The  state  controller  is  hereby  authorized  and  directed  to  draw 
bis  warrants  in  favor  of  the  regents  of  the  University  of  California  for 
the  moneys  herein  appropriated,  and  the  state  treasurer  is  hereby  di- 
rected to  pay  said  warrants. 


I 


2253  UNIVERSITY  OP  CALIFORNIA.     Acts  4261b-4263b 

ACT  42611). 

.\n   act   providing   for   the   construction   and   equipment   of   a   class-room 

and  library  building  at  the  university  farm  and  agricultural  school 

at  Davis  and   making  an   appropriation   therefor. 

[Approved  June  7,  1913.     Stats.- 1913,  p.  873.] 

Appropriation:  Class-room  and  library  building,  university  farm,  Davis. 
§  1.  The  sum  of  sixty  five  thousand  dollars  is  hereby  appropriated 
out  of  any  moneys  in  the  state  treasury  not  otherwise  api>ropriated,  to 
be  paid  to  the  regents  of  the  University  of  California,  to  be  used  by 
them  for  the  construction  and  equipment  of  a  class-room  and  library 
building  at  the  university  farm  and  agricultural  school  at  Davis. 

§  2.  The  state  controller  is  hereby  authorized  and  directed  to  draw 
his  warrants  in  favor  of  the  regents  of  the  University  of  California  for 
the  moneys  herein  appropriated  and  the  state  treasurer  is  hereby 
directed  to  pay  said  warrants. 

ACT  4263a. 

An  act  appropriating  the  sum  of  sixty-two  thousand  dollars  for  the  use 
and  benefit  of  the  University  of  California,  and  specifying  the 
duties  of  the  controller  and  treasurer  of  the  state  in  relation 
thereto. 

[Approved  June  7,  1913.     Stats.   1913,  p.   S76.] 

Appropriation:  Restore  income,  University  of  California. 

§  1.  The  sum  of  sixty-two  thousand  dollars  is  hereby  appropriated 
for  the  use  and  benefit  of  the  Uaiversity  of  California  out  of  any  moneys 
in  the  state  treasury  not  otherwise  appropriated,  to  replace  and  restore 
income  of  said  university  lost  through  disaster  and  fire. 

§  2.  The  state  controller  is  hereby  authorized  and  directed  to  draw 
his  warrants  in  favor  of  the  regents  of  the  University  of  California  for 
the  moneys  herein  appropriated  and  the  state  treasurer  is  hereby 
directed  to  pay  said  warrants. 

ACT  4263b. 

An  act  providing  for  the  construction  and  equipment  of  a  laboratory 
building  for  the  use  of  the  department  of  agriculture  of  the  Uni- 
versity of  California  in  any  or  either  of  the  counties  of  Los  Angeles, 
Riverside,  Orange,  San  Bernardino,  San  Diego,  Imperial,  Ventura, 
or  Santa  Barbara  and  making  an  appropriation  therefor. 
'^Approved  June  7,  1913.     Stats.  1913,  p.  856.] 

Appropriation:  Iiaboratory    University    of    California     department    of 
agriculture.     In  southern  county. 
§  1.     The  sum  of  one  hundred  thousand  dollars  is  hereby  appropriated 
out  of  any  moneys  in  the  state  treasury  not  otherwise  appropriated,  to 


Acts  4263e,  4263d  general  laws.  2254 

be  paid  to  the  regents  of  the  University  of  California,  and  to  be  nsed 
by  them  in  the  construction  of  a  laboratory  building  for  the  department 
of  agriculture  of  the  University  of  California,  and  in  the  equipment 
thereof.  Said  laboratory  building  shall  be  constructed  upon  lands 
dcmated  or  purchased  for  the  use  of  the  said  department  of  agriculture 
in  any  or  either  of  the  counties  of  Los  Angeles,  Riverside,  Orange,  San 
Bernardino,  San  Diego,  Imperial,   Ventura,  or  Santa  Barbara. 

'•  §  2.  The  state  controller  is  hereby  authorized  and  directed  to  draw 
his  warrants  in  favor  of  said  the  regents  of  the  University  of  California 
for  the  money.s  herein  apjiropriated  at  such  time  and  in  such  manner  as 
the  exjienditure  of  the  same  shall  be  required,  and  the  state  treasurer 
is  hereby  directed  to  pay  said  warrants. 

ACT  4263c. 

An  act  to  reimburse  the  regents  of  the  University  of  California  for  mon- 
eys expendeil  by  them  in  the  construction  of  buildings,  and  provid 
ing  for  the  completion  and  e(iui|imtMit  thereof,  for  the  Lick  Observa- 
tory at  Mt.  Hamilton,  to  rei)la(e  property  destroyed  by  earthquake 
July  1st,  1911,  and  making  an  appropriation  therefor. 

[Approved  June  6,   1913.     Stats.  1913,  p.  895.] 

Appropriation:  Replace  destroyed  property,  Lick  Observatory. 

§  1.  The  sum  of  fifty  thiuis.ind  cjolhirs  ($r)(>,OOU)  is  hereby  appro- 
j)riate(l  out  of  any  moneys  in  tlie  state  treasury  not  otherwise  appro- 
])riated,  to  be  paid  to  the  regents  of  the  University  of  California  to 
reimburse  them  for  moneys  already  exjiended  by  them  iu  the  construc- 
tion of  buildings  for  the  Lick  Observatory  on  Mt.  Hamilton,  to  replace 
pro])erty  destroyed  by  the  earthquake  of  July  1st,  1911,  and  with  which 
to  complete  the  said  buildings  and  the  purchase  of  equijiment   therefor. 

§  2.  The  state  controller  is  hereby  authorized  and  dir-ected  to  draw 
his  warrants  in  favor  of  the  regents  of  the  University  of  California  for 
tlie  moneys  herein  ajiprojiriated,  and  the  state  treasurer  is  hereby  di- 
rected to  pay  said  warrants. 

ACT  4263d. 

An  act  providing  for  the  purchase,  for  the  use  of  the  department  of 
agriculture  of  the  I'niversity  of  California,  of  laud  and  water  rights 
in  any  of  the  counties  of  Los  Angeles,  Riverside,  Orange,  San 
Bernardino,  San  Diego,  Imperial,  Ventura,  or  Santa  Barbara,  and 
for  the  planting  of  said  lands  and  making  an  appropriation  therefor. 
[Approved  June  9,  1913.     Stats.   1913,  p.  875.] 

Appropriation:  Land  and  water  rights,  department  of  agriculture,  Uni- 
versity of  California.     In  southern  county. 
§   1.     The  s\im  of  sixty  thou--an(l  tlullars  or  so  much  thereof  as  may  he 
required,  is  hereby  appropriated  out  of  any  moneys  in  the  state  treasury 


11 


2255  UNIVERSITY  OP  CALIFORNIA.     Acts  42G3e.  42631' 

not  otherwise  appropriated,  to  be  paid  to  the  regents  of  the  Uuiversity 
of  California,  to  be  used  by  them  for  the  piirrhase,  for  the  use  of  the 
department  of  agriculture  of  the  University  of  California,  of  a  tract  or 
tracts  of  land,  waters  and  water  rights  therefor,  situate  in  any  of  the 
counties  of  Los  Angeles,  Riverside,  Orange,  San  Bernardino,  San  Diego, 
Imperial,  Ventura,  or  Santa  Barbara,  as  they  may  select,  and  for  the 
planting  of  said  land,  or  lands. 

§  2.  The  state  controller  is  hereby  authorized  and  directed  to  draw 
his  warrants  in  favor  of  said  the  regents  of  the  University  of  California 
for  the  moneys  herein  appropriated,  at  such  time  and  in  such  manner  as 
the  expenditure  of  the  same  shall  be  required,  and  the  state  treasurer 
is  hereby  directed  to  pay  said  warrants. 

ACT   4263e. 

An  act  j)roviding  for  the  construction  and  equipment  of  a  residence, 
barns  and  necessary  small  buildings  for  the  use  of  the  department 
of  agriculture  of  the  University  of  California,  in  any  or  either  of 
the  counties  of  Los  Angeles,  Riverside,  Orange,  San  Bernardino, 
San  Diego,  Imperial,  Ventura,  or  Santa  Barbara,  and  making  an 
appropriation  therefor. 

[Approved  June  7,  1913.     Stats.  1913,  p.  861.] 

Appropriation:  Residence,  etc..  University  of  California  department  of 
agriculture.  In  southern  county. 
§  1.  The  sum  of  twenty  five  thousand  ($25,000)  dollars  is  hereby 
appropriated  out  of  any  moneys  in  the  state  treasury  not  otherwise  ap- 
propriated, to  be  paid  to  the  regents  of  the  University  of  California, 
to  be  by  them  expended  in  the  construction  and  equipment  of  a  resi- 
dence, barns,  and  necessary  small  buildings  for  the  department  of 
agriculture  of  said  University.  Said  residence,  barns  and  necessary 
small  buildings  shall  be  constructed  upon  lands  donated  or  purchased 
for  the  use  of  said  department  of  agriculture  in  any  or  either  of  the 
counties  of  Los  Angeles,  Riverside,  Orange,  San  Bernardino,  San  Diego, 
Imperial,  Ventura,  or  Santa  Barbara. 

§  2.  The  state  controller  is  hereby  authorized  and  directed  to  draw 
his  warrants  in  favor  of  said,  the  regents  of  the  University  of  Cali- 
fornia for  moneys  herein  appropriated,  at  such  time  and  in  such  manner 
as  the  expenditure  of  the  same  shall  be  required,  and  the  state  treas- 
urer is  hereby  directed  to  pay  said  warrants. 

ACT  4263f. 

An  act  making  an  appropriation  for  the  equipment,  support  and  main- 
tenance of  the  branch  agricultural  experiment  station  in  Imperial 
county. 

[Approved  May  1,  1911.     Stats.  1911,  p.  1390.] 


Acts  4263g-4269 


GENERAL   LAWS. 


2250 


Appropriation:  Agricultural  experiment  staticn  In  Imperial  county. 

§  1.  Thf  «nni  of  fifteen  thousand  dollars  is  hereby  approjiriated  out 
of  the  money  in  the  state  treasury,  not  otherwise  appropriated,  to  be 
expended  by  the  regents  of  the  University  of  California  for  the  equip- 
ment, support  and  maintenance  of  the  branch  agricultural  experiment 
station  in  Imperial  county. 

Controller  authorized  to  draw  warrant. 

§  2.  The  state  controller  is  hereby  authorized  to  draw  warrant  for 
fifteen  thousand  dollars,  payable  to  the  regents  of  the  University  of 
California,  and  the  treasurer  of  the  state  is  hereb^^  directed  to  paj  such 
warrant. 

ACT  4263g. 

An  act  ap|)ropriating  money  for  the  erection  of  buildings  on,  and  acquir 
ing  title  to  the  land  of,  the  state  branch  agricultural  experiment 
station,  located  at  Riverside,  California,  and  for  general  improve- 
ments thereon. 

[Approved  May  1,   IPll.     Stats.   1911,  p.  1394.] 

Appropriation:  Agricultural  experiment  station  at  Riverside. 

§  1.  There  is  ht'rel)y  ajifiropriated  out  of  any  inoucy  in  the  state 
treasury  not  otherwise  appropriated,  the  sum  of  twenty-five  thousand 
($2.5,000)  dollars,  to  be  used  by  the  regents  of  the  University  of  Cali- 
fornia for  the  purpose  of  erecting  a  building  or  buildings  at  the  branch 
agricultural  experiment  station  located  at  Riverside,  (alifornia.  acquir- 
ing title  to  the  land  upon  which  the  station  is  now  located,  and  for 
general  improvements  thereon. 

Controller  to  draw  warrant. 

§  2.  The  controller  nf  the  state  is  hereby  directed  to  draw  his  war- 
rant for  said  sum  of  twenty-five  thousand  ($"J.">,000)  dollars,  and  the 
treasurer  of  the  state  is  hereby  directed  to  pay  the  same. 


ACT  4265. 
Citations. 

ACT  4267. 
Citations. 


TITLE  544. 
[VALLEJO. 


Cal.   157/319. 


Cal.  161/673,  674;  (subds.  10,  13)  161/673. 


ACT  4269. 

An  act  conveying  to  the  city  of  Vallejo  certain  tide  lands  and  lands  of 
the  state  of  California  lying  under  inland  navigable  waters  within 
the  boundaries  of  the  said  city,  situate  in  th«  Napa  creek,  the  Mare 


2257  VALLEjo.  Act  4269,  §  1 

island  straits  and  the  Straits  of  Carquinez,  incliuling  the  rir'ht  to 
wharf  out  tiierefrom  to  the  city  of  Vallejo,  in  furtherance  of  nav- 
igation and  commerce  and  the  fisheries,  and  providing  for  the  gov- 
ernment,  management   and  control   thereof. 

[Approved  June  11,  1913.  Stats.  1913,  p.  57.5.] 
Whereas,  Since  the  admission  of  California  into  the  Union,  all  tide 
lands  along  navigable  waters  of  this  state  and  all  lauds  lying  beneath 
the  navigable  waters  of  the  state  have  been  and  now  are  held  in  trust 
by  the  state  for  the  benefit  of  all  the  inhabitants  thereof,  for  the  pur 
poses  of  navigation,  commerce   and   fishing;   and 

Whereas,  It  is  the  duty  of  the  state  to  govern,  administer  and  control 
such  lands  and  to  improve  and  develop  navigation,  commerce  and  fishing 
thereon  and  thereover;  and 

Whereas,  The  state  has  not  the  general  power  of  alienation  of  such 
lands  but  may,  when  the  interests  of  commerce,  navigation  and  fishing 
require  it,  convey  to  municipalities  limited  and  defined  areas  of  such 
lands  with  the  power  to  govern,  control,  improve  and  develop  the  same 
in  the  interests  of  all  the  inhabitants  of  the  state;  and 

Whereas,  The  conveyance  to  the  city  of  Vallejo  of  the  lands  herein- 
after described,  together  with  the  right  to  govern,  control,  improve  and 
develop  the  same  will  result  in  great  advantage  and  benefit  to  all  the 
inhabitants  of  the  state,  it  is  provided: 

Tide  lands  conveyed  to  Vallejo.     Conditions. 

§  1.  There  is  hereby  granted  and  conveyed  to  the  city  of  Vallejo,  a 
municipal  corporation,  in  the  county  of  Solano,  state  of  California,  and 
to  its  successors,  all  the  right,  title  and  interest  of  the  state  of  Cali- 
fornia held  by  said  state  by  virtue  of  its  sovereignty  in  and  to  all  the 
tide  lands  and  lands  lying  under  inland  navigable  waters  within  the 
boundaries  of  the  present  city  of  Vallejo,  situate  in  the  Napa  creek, 
the  Mare  Island  straits  and  the  Straits  of  Carquinez,  lying  and  being 
between  the  line  of  mean  high  tide  and  the  pier-head  line  in  said 
straits,  as  the  same  has  been  or  may  hereafter  be  established  by  the 
federal  government,  and  the  right  to  wharf  out  therefrom  to  the  city 
of  Vallejo,  to  be  forever  held  by  said  city  and  by  its  successors  in  trust 
for  the  uses  and  purposes  and  upon  the  expressed  conditions  following 
to  wit:  That  said  lands  shall  be  used  by  said  city  and  its  successors, 
only  for  the  establishment,  improvement  and  conduct  of  a  harbor,  and 
for  the  construction,  maintenance  and  operation  thereon  of  wharves, 
docks,  piers,  slips,  quays  and  other  utilities,  structures  and  appliances 
necessary  or  convenient  for  the  promotion  and  accommodation  of  com- 
merce and  navigation,  and  said  city,  or  its  successors  shall  not,  at  any 
time,  grant,  convey,  give  or  alien  said  lands,  or  any  part  thereof,  to 
any  individual,  firm  or  corporation  for  any  purposes  whatever;  provided, 
that  said  city,  or  its  successors,  may  grant  franchises  thereon,  for  lim- 
142 


Act  4269,  §  1  GENERAL  LAWS.  2258 

ited  periods,  for  wharves  and  other  public  uses  and  purposes,  and  may 
lease  said  lands,  or  any  part  thereof,  for  limited  period;!,  for  purposes 
consistent  with  the  trusts  upon  which  said  lands  are  held  by  the  state 
of  California,  and  with  the  requirements  of  commerce  and  navigation 
at  said  harbor,  for  a  term  not  exceeding  twenty-five  years,  and  on  such 
other  terms  and  conditions  as  said  city  may  determine,  including  a 
right  to  renew  such  lease  or  leases  for  a  further  term  not  exceeding 
twenty-five  years  or  to  terminate  the  same  on  such  terms,  reservations 
and  conditions  as  may  be  stipulated  in  such  lease  or  leases,  and  said 
lease  or  leases  may  be  for  any  and  all  j)urposes  which  shall  not  inter 
fere  with  navigation  or  commerce,  with  reversion  to  the  said  city  on 
the  termination  of  said  lease  or  leases  of  any  and  all  improvements 
tliereon,  and  on  such  other  terms  and  conditions  as  the  said  city  may  de- 
termine, but  for  no  purpose  which  will  interfere  with  navigation  or  com- 
merce; subject  also  to  a  reservation  in  all  such  leases  or  such  wharving 
out  privileges  of  a  street,  or  of  such  other  reservation  as  the  said  city 
may  (Ictermine  for  a  belt  line  railroad  or  other  railroad  where  the  same 
may  be  deemed  necessary  by  the  said  city;  and  such  other  reservations 
as  the  city  may  require,  and  for  sewer  outlets,  ami  for  gas  and  oil 
mains  and  water  mains,  and  for  hydrants,  and  for  electric  cables  and 
wires,  and  for  such  other  concluits  for  municipal  purposes,  and  for  such 
j)ulilic  and  municipal  purposes  and  uses  as  may  be  deemed  necessary 
by  the  city;  provided,  however,  that  each  person,  firm  or  corporation 
or  their  heirs,  successors  or  assigns  now  in  possession  of  land  or  lands 
within  the  boundaries  of  the  said  city  of  Vallejo  as  hereinbefore  firstly 
described,  situate  in  the  Napa  creek,  the  Mare  Island  straits  and  the 
Straits  of  Carqtiinez,  and  lying  and  being  between  the  line  of  mean 
high  tide  and  the  iiierhea<i  line  in  said  straits,  as  the  same  has  been  or 
may  hereafter  be  established  by  the  federal  government,  shall  have  a 
riijht  to  obtain  a  lease  for  a  term  of  twenty-five  years  from  said  city 
of  said  land  and  wharfing  out  privileges  therefrom  with  a  right  of  re- 
newal for  a  further  term  of  twenty-five  years  pursuant  to  the  provisions 
of  this  act  and  on  such  terms  and  con<litions  as  said  city  may  determine 
and  specify,  and  said  renewal  lease  may  be  terminated  at  any  time  by 
mutual  agreement  of  the  city  and  the  lessee,  on  such  just  and  reason- 
able terms  for  compensation  for  improvements  as  may  be  mutually 
agreed  upon.  Upon  obtaining  such  lease  and  wharfing  out  privileges 
such  person,  firm  or  corporation,  their  heirs  or  assigns,  shall  quitd.-iim 
to  said  city  any  right  they  or  any  of  them  may  claim  or  have  to  the 
said  lands  hereby  granted.  This  grant  shall  carry  the  right  to  such 
city  of  the  rents,  issues  and  profits  in  any  manner  hereafter  arising 
from  the  lands  or  wharfing  out  privileges  hereby  granted.  The  state 
of  Oalifornia  shall  have  at  all  times,  the  right  to  use,  without  charge, 
all  wharves,  docks,  piers,  slips,  quays  and  other  improvements  constructed 
on  said  lands  or  any  part  thereof,  for  any  vessel  or  other  watercraft, 
or  railroad,  owned  or  operated  by  the  state  of  California.  No  discrim 
inatiou  in  rates,  tolls  or  charges  or  in  facilities  for  any  use  or  service  in 


2259  veterans'  home.  Acts  4282, 4283 

connection  therewith  shall  ever  be  made,  authorized  or  permitted  by 
said  city  or  its  successors  in  the  management,  conduct  or  operation 
of  any  of  the  utilities,  structures  or  appliances  mentioned  in  this  section. 
There  is  hereby  reserved  in  the  people  of  the  state  of  California  the 
right  to  fish  in  the  waters  on  which  said  lands  may  front  with  the  right 
of  convenient  access  to  said  waters  over  said  lands  for  said  purpose. 

Conveyance  made  on  condition  that  harbor  be  improved. 

§  2.  The  foregoing  con\eyance  is  made  upon  the  condition  that  the 
city  of  Vallejo  shall,  within  five  years  from  the  approval  of  this  act, 
exclusive  of  such  time  as  said  city  may  be  restrained  from  so  doing  by 
injunction  issued  out  of  any  court  of  this  state  or  of  the  United  States, 
and  exclusive  of  such  further  delay  as  may  be  caused  by  unavoidable 
misfortune  or  great  public  or  municipal  calamity,  cause  to  be  expended 
for  harbor  improvement  j)urposes  an  amount  not  less  than  twenty-five 
thousand  ($2.3,000)  dollars.  If  said  harbor  improvement  work  be  not 
done  and  if  said  amount  be  not  expended  for  harbor  improvement  as 
herein  provided,  then  the  lands  by  this  act  conveyed  to  the  city  of 
Vallejo  shall  revert  to  the  state  of  California. 

TITLE  546. 

VETERANS'  HOME. 
ACT  4282. 

Citations.      App.   8/532,    534. 

ACT  4283. 

To  accept  from  the  Veterans'  Home  Association  the  conveyance  of,  and 
to  A'est  the  title  in  the  state  of  California,  to  the  tract  of  land  in 
Napa  county  known  as  the  Veterans'  Home,  with  the  improvements 
and  furnishings  therein,  to  make  the  same  a  state  home  for  United 
States  soldiers,  sailors,  and  marines,  and  to  provide  for  the  govern- 
ment thereof  by  the  state. 

[Approved  March  11,  1897.     Stats.  1897,  p.  106.] 
Amended  1903,   p.   321;    1905,   p.   471;   1907,  pp.    59,   330;    1911,   p.   1447. 

The  amendment  of  1911  is  as  follows: 

Money  turned  over  to  treasurer.     Monthly  forwarding  to  state  treas- 
urer.    Balance  of  pension  money  on  death   of  pensioner.     Deposits 
and  withdrawals.     Personal  effects. 
§  10.     All  moneys  received  by  the  directors,  or  by  any  officer  of  the 
home    (except   such  as   may  be   paid  to  them  bj'  the  state   for   disburse- 
ment), including  pension  and  other  moneys  belonging  to  the  members  in 
the  home,  and  other  trust  moneys,  shall  be  immediately  paid  over  to  the 
treasurer  of  the  home.     On   or  before  the  tenth   day  of  each   and   every 
month  the  treasurer  of  the  home  shall  forward  to  the  state  treasurer  all 


Act  4283,  §  10  GEXERAL  LAWS.  2260 

moneys  in  his  possession,  except  pension  and  other  moneys  belonging  to 
members,  and  other  trust  funds,  the  post  fund,  and  the  moneys  herein- 
after referred  to  as  subject  to  their  direct  disbursement,  and  designated 
the  "emergency  fund,"  together  with  a  statement  of  the  source  Iron; 
which  the  same  has  been  received.  Said  moneys  shall  be  immediately 
deposited  by  the  state  treasurer  to  the  credit  of  the  fund  hereinafter  des- 
ignated "fund  for  the  support  and  maintenance  of  the  Veterans'  Home 
of  California."  Any  V)alance  of  pension  moneys  held  by  the  board,  or  by 
its  authority,  upon  the  death  of  the  pensioner,  undisposed  of  by  will,  or 
any  moneys  belonging  to  the  members  of  the  home,  and  deposited  with 
the  board,  or  with  any  of  its  officers,  as  hereinafter  provided  for,  and 
undisposed  of  by  will,  shall,  upon  the  death  of  the  member,  be  held  as 
a  trust  fund,  to  be  paid  by  the  board,  or  upon  its  order,  directly  and 
without  probate,  to  the  heirs  at  law  entitled  thereto,  and  in  the  pro- 
portions to  which  they  may  be  entitled;  should  none  of  the  heirs  at  law 
be  discovered,  or  should  the  heirs  at  law  discovered  within  such  time 
be  not  entitled  to  the  whole  thereof,  the  balance  of  moneys  not  so  paid 
to  the  heirs  at  law,  and  undisposed  of  by  will,  shall  be  paid  to  the  post 
fund  of  the  home  to  be  used  for  the  common  benefit  of  the  members  of 
the  home,  under  the  direction  of  the  board,  subject  to  future  reclamation 
by  the  heirs  at  law  entitled  thereto  upon  application  filed  within  five 
years  after  the  death  of  such  member,  and  upon  jiroper  proof.  Subject 
to  the  above  provisions  as  to  the  disjjosition  thereof,  the  members  of 
the  home  may  voluntarily  deposit  any  of  their  moneys  with  the  board,  or 
with  the  oflicer  authorized  to  receive  the  same,  and  the  board,  or  such 
officer,  shall  be  obligated  to  receive  such  moneys,  and  shall  keep  the  same 
without  charge  as  a  trust  fund  for  the  member  depositing  the  same,  to  be 
withdrawn  by  him  in  whole,  or  in  part,  during  his  life,  and  at  his 
jileasure,  and  the  balance,  if  any,  unilisposed  of  by  will,  shall  be  subject 
to  the  above  trusts,  and  retained  by  the  board  for  the  common  benefit  of 
the  members  of  the  home  as  above  provided,  if  not  paid  to  the  heirs  at 
law  within  the  time  and  in  the  manner  above  provided.  The  moneys 
now  in  the  hands  of  the  board,  or  the  treasurer  of  the  home,  belonging 
to  the  members  thereof,  and  heretofore  deposited  for  safekeeping,  may 
lie  witlulrawn,  in  whole  or  in  part,  at  the  will  of  the  member  during  his 
life,  and  in  case  of  any  balance  remaining  upon  his  death,  undisposed  of 
by  will,  the  same  shall  be  subject  to  said  trust,  to  be  disposed  of  as  here 
inbefore  provided.  Nothing  herein  containe<l  shall  in  any  manner  affect 
the  moneys  of  the  members  now  deceased,  which  moneys  are  now  held  in 
trust  under  the  laws  of  this  state,  the  rules,  regulations  and  by-laws  of 
the  home.  The  personal  effects  of  deceased  members  of  the  home  shall 
he  held  for  the  heirs  at  law  above  mentioned  for  the  period  of  one  year 
from  the  date  of  the  death  of  the  member,  and  if  not  claimed  within 
said  time,  shall  be  turned  over  to  the  commandant,  or  the  officer  in 
charge,  who,  on  a  day  and  hour  to  be  fixed  by  him,  and  after  jiosting  no- 
tices of  the  same  in  three  conspicuous  places  at  the  home,  shall  sell  at 


I 


2261  VETERINARY  SURGERY.  Acts  4294,  4295 

public  sale  said  personal  effects,  the  proceeds  of  which  sale  shall  go  to 
the  post  fund,  to  be  used  for  the  common  benefit  of  the  members,  as  here- 
inbefore provided  for  pension  and  other  moneys,  and  subject  to  future 
reclamation  within  a  period  of  five  years  from  the  date  of  the  death  of 
the  member,  as  hereinbefore  mentioned.  The  board  of  directors  shall 
make  proper  rules  and  regulations  to  carry  into  effect  the  provisions  of 
this  section.  [Amendment  approved  May  1,  1911;  Stats.  1911,  p.  1447. J 
Oltationa.      App.    14/77,    78,    80,    81,    82,    83,    84,    85. 

TITLE  547. 

VETERINARY   SURGERY. 
ACT  4294. 

An  act  to  insure  the  better  education  of  practitioners  of  veterinary  med- 
icine, and  to  regulate  the  practice  of  veterinary  medicine  in  the 
state  of  California,  to  provide  for  the  creation  of  a  board  of  five 
members  who  shall  act  under  and  in  accordance  with  the  provisions 
of  this  act;  to  provide  for  their  appointment,  and  define  their  powers, 
duties  and  compensation;  to  define  offenses  committed  by  acts  done 
contrary  to  the  provisions  of  this  act,  and  providing  penalties  for  the 
violation  thereof;  providing  for  the  revocation  or  suspension,  in  cer- 
tain cases,  of  licenses  issued  hereunder,  and  to  repeal  an  act  entitled 
'An  act  to  regulate  the  practice  of  veterinary  medicine  and  surgery 
in  the  state  of  California,'  approved  March  23,  1893,  amended  and  ap- 
proved March  20,  1903,  and  all  other  laws  in  conflict  herewith. 

[Approved  March  23,  1907.     Stats.  1907,  p.  919.] 
Amended   1913,  p.  572. 

The  amendment  of  1913  is  as  follows:  , 

Fees  paid  into  state  treasury  each  month. 

§  13.  All  fees  collected  under  section  3  of  this  act  and  all  other 
fees,  collections  and  receipts  of  all  kinds  coming  into  the  possession  of  the 
board  of  examiners  in  veterinary  medicine  shall  be  reported,  at  the 
beginning  of  each  month,  for  the  preceding  month,  to  the  controller  of 
state,  and  at  the  same  time  the  entire  amount  of  such  collections  shall 
be  paid  into  the  state  treasury  and  shall  be  credited  to  a  fund  to  be 
known  as  the  contingent  fund  of  the  board  of  examiners  in  veterinary 
medicine.  All  salaries  and  expenses  of  every  kind  incurred  by  the  board 
of  examiners  in  veterinary  medicine  shall  be  paid  out  of  said  contingent 
fund  upon  claims  to  be  presented  and  audited  in  the  usual  manner.  [New 
section  approved  June  11,  1913;  Stats.  1913,  p.  573.] 

ACT  4295. 

An  act  authorizing  the  state  veterinarian  to  employ  throughout  the  sixty- 
third  and  sixty-fourth  fiscal  years  such  inspectors  as  he  mav'  deem 
necessary   to   inspect   and   supervise   the    dipping   of   sheep   infected 


Act  4308,  §  1  GENERAL   LAWS.  2262 

and  exposed  to  the  disease  known  as  sf-abies;  providing  for  the  com- 
pensation and  expenses  of  such  inspectors,  and  making  an  appro- 
priation therefor. 

[Approved  April  21,  191].     Stats.  1911,  p.  1077.] 

State  veterinarian  to  employ  sheep  inspectors.     Compensation. 

§  1.  The  state  veterinarian  of  the  state  of  California  is  hereby  au- 
thorized to  employ  such  inspectors,  from  time  to  time,  throughout  the 
sixty-third  and  sixty-fourth  fiscal  years,  as  he  may  deem  necessary  for  the 
purpose  of  inspecting  and  supervising  the  dipping  of  sheep  exposed  to 
an<l  infected  with  the  disease  known  as  scabies.  Such  inspectors  shnll 
be  subject  to  removal  at  any  time  by  said  state  veterinarian.  The  said 
state  veterinarian  shall  fix  the  compensation  of  such  inspectors  which 
shall  on  no  account  exceed  the  sum  of  four  dollars  per  day,  exclusive  of 
their  necessary  and  actual  exjjenses.  Such  comjiensation  and  necessary 
expenses  shall  be  allowed  and  paid  out  of  the  appropriation  herein  made. 

Appropriation. 

§  2.  There  is  hereby  approjiriated  out  of  any  moneys  in  the  state 
treasury,  not  otherwise  appropriated,  the  sum  of  ten  thousand  dollars,  or 
su<h  portion  of  same  as  may  be  necessary,  to  be  used  in  paying  the  wages 
and  necessary  actual  expenses  of  the  inspectors  herein  provided  for,  six 
thousand  dollars  of  which  shall  be  available  during  the  sixty-third  fiscal 
year,  and  four  thousand  dollars  of  which  shall  be  available  during  the 
sixty-fourth  fiscal  year;  and  the  state  controller  is  directed  to  draw  his 
warrants  in  favor  of  the  person  or  persons  entitled  to  the  same,  and  the 
state  treasurer  is  directed  to  pay  the  same. 

TITLE  549. 

VITICULTURE. 
ACT  4308. 

An  act  to  provide  for  experiment  and  research  work  in  viticulture, 
directing  publication  of  the  results  of  experiments  and  investiga- 
tions, making  an  appropriation  therefor  and  prescribing  the  duties  of 
the  controller  and  treasurer  in  relation  thereto. 

[A]. proved  April  21,  1911.     Stats.  1911,  p.  1050.] 

University  to  do  experiment  work  in  viticulture.  Handling,  etc.  Pub- 
lishing results.  Assistants.  Equipments. 
§  1.  The  ro};onts  of  the  University  of  (.'alifornia  are  hereby  directed 
to  cause  to  be  prosecuted  with  all  possible  diligence,  in  connection  with 
and  in  addition  to  the  work  heretofore  carried  on  by  the  agricultural 
experiment  station,  experiment  and  research  work  in  viticulture,  includ- 
ing both  cultural  and  industrial  processes.  They  are  directed  to  ascer 
tain  the  adaptations  of  the  various  kinds  of  vines  to  the  several  climatic 
and  soil  conditions  of  the  state,  with  special  reference  to  stocks  resistant 


2263  VITICULTURE.  Act  4309,  §  1 

to  the  phylloxera  and  to  further  their  utility  as  grafting  stocks  for  wine, 
raisin  and  t;il)]e  grapes.  They  are  directed  to  ascertain  the  best  methods 
of  grafting  and  propagating  said  stocks  and  vines,  together  with  the 
most  important  methods  of  vinification  and  of  the  preparation,  manu- 
facture and  application  of  yeasts  in  vinification  and  distillation.  They 
are  further  directed  to  report  upon  the  handling,  packing  and  trans- 
portation of  table  grapes,  the  preparation  and  curing  of  raisins,  the  util- 
ization of  the  by-products  of  the  vineyard  and  winery,  the  study  and 
treatment  of  vine  diseases,  and  all  matters  appertaining  to  the  viticul- 
tural  industry  pertinent  to  the  successful  conduct  of  the  business  that 
may  be  of  general  public  interest,  use  and  profit. 

They  are  further  directed  to  publish  the  result  of  said  experiments  and 
investigations  in  form  of  bulletins  from  time  to  time,  as  may  seem 
advisable  and  not  less  than  two  bulletins  showing  the  progress  and  result 
of  the  work  shall  be  issued  in  any  fiscal  year. 

The  director  of  the  agricultural  experiment  station  shall  obtain  and 
establish  such  assistants,  equipment,  materials,  appliances,  apparatus  and 
other  incidentals  as  may  be  necessary  to  the  successful  protection  of  the 
work,  within  the  appropriation  specified. 

Appropriation. 

§  2.  There  is  hereby  appropriated  for  the  use  of  said  experiment 
station,  for  the  purpose  set  forth  in  this  act  for  the  sixty-third  and  sixty- 
fourth  fiscal  years,  the  sum  of  fifteen  thousand  dollars  (.$15,001)),  and 
the  said  appropriation  shall  thereafter  be  carried  in  the  general  appropri 
ation  bill  for  each  succeeding  biennial  period,  and  the  state  controller  is 
hereby  authorized  and  directed  to  draw  his  warrant  for  the  same,  and 
the  treasurer  of  the  state  is  hereby  directed  to  pay  such  warrant. 

§  3.  All  money  appropriated  under  this  act  shall  be  paid  to  the  re- 
gents of  the  University  of  California,  and  expended  under  the  direction 
of  the  director  of  the  agricultural  experiment  station  of  said  university 
for  the  specific  purpose  herein  named. 

§  4.  This  act  is  hereby  exempted  from  the  provisions  of  section  672 
of  the  Political  Code. 

ACT  4309. 

An  act  for  the  promotion  of  the  vitieultural  industries  of  the  ^tate; 
dividing  the  state  into  vitieultural  districts;  appointing  a  state 
board  of  vitieultural  commissioners;  providing  for  the  selection  of 
its  officers;  defining  its  powers  and  duties;  and  making  an  appro- 
priation therefor. 

[Approved  May  28,  1913.     Stats.  1913,  p.  340.] 

Vitieultural  commissioners.     Six  distrlct'3. 

§  1.  There  shall  be  appointed  by  the  governor  a  state  board  of  viti- 
eultural commissioners  to  consist  of  nine  members,  three  to  be  appointed 


Act  4309,  §§2-4 


GENERAL    LAWS. 


2264 


from  the  state  at  large,  and  one  to  be  appointed  from  each  of  the  six 
viticultural  districts,  which  shall  be  designated  and  constituted  as  fol- 
lows: 

First — The  Sonoma  district,  which  shall  include  the  counties  of  Sono- 
ma, Marin,  Lake,  Mendocino,  Humboldt,  Dei  Norte,  Trinity,  and  Siski- 
vou. 

Second — The  Napa  district,  which  shall  include  the  counties  of  Napa. 
Solano  and  Contra  Costa. 

Third — The  San  Francisco  district,  which  shall  include  the  city  and 
county  of  San  Francisco,  and  the  counties  of  San  Mateo,  Alameda,  Santa 
Clara,  Santa  Cruz,  San  Benito,  and   Monterey. 

Fourth — The  Los  Angeles  district,  which  shall  include  the  counties  of 
Los  Angeles,  Riverside,  Orange,  Ventura,  Santa  Barbara,  San  Luis  Obispo, 
San  Bernardino,  San  Diego,  and  Im|iprial. 

Fifth — The  Sacramento  district,  which  shall  include  the  counties  of 
Sacramento,  Yolo,  Sutter,  Colusa,  Butte,  Tehama.  Shasta,  El  Dorado, 
Amador,  Calaveras,  Tuolumne,  Mariposa,  Placer,  Nevada,  Yuba,  Sierra, 
Plumas,  Lassen,  Modoc,  Alpine.  Mono,  and   Inyo. 

Sixth — The  San  Joaquin  district,  which  shall  include  the  counties  of 
San  Joaquin,  Stanislaus,  Merced,  Fresno,   Kings,  Tulare,  and   Kern. 

Residence  and  qualifications  of  commissioners.     Term. 

§  2.  The  nine  (•omriiissioncrs,  cxii'iiting  the  three  appointed  by  the 
state  at  large,  shall  be  residents  of  the  district  from  which  they  are  ap- 
jiointed,  and  shall  be  specially  qualified  by  practical  experience  and 
study  in  connection  with  the  industries  dependent  upon  the  culture  of 
the  grape-vine  in  this  state.  They  shall  each  hold  office  for  the  terra 
of  four  years,  excepting  four,  to  be  determined  by  lot,  of  the  first  nine 
appointed,  who  at  the  end  of  two  years  shall  retire  when  their  succes- 
sors shall  be  appointed   by  the  governor. 

Officers. 

§  3.  The  state  board  of  viticultural  commissioners  shall  elect  from 
nmong  their  own  number,  a  president,  a  vice-president,  and  a  treasurer 
and  they  shall  have  a  secretary,  who  shall  not  be  one  of  their  number, 
and  whose  salary  shall  not  exceed  two  hundred  dollars  per  month,  .^nd 
the  board  shall  determine  and  fi.x  the  amount  of  bonds  that  shall  be 
given  by  the  treasurer  and  secretary  for  the  faithful  performance  of 
their   duties. 

Meetings.     Duties.     Reports. 

§  4.  It  shall  be  the  duty  of  the  board  to  meet  not  less  often  than 
eemi-annualiy  to  consult  and  to  adopt  such  measures  as  may  best  promote 
the  progress  of  the  viticultural  industries  of  the  state.  It  shall  be  their 
duty  to  collect  and  disseminate  useful  information  relating  to  viticulture, 
including  the  best  methods  of  growing  grapes  and  handling  the  grape 
and  its   products.     It  shall  be  its  duty  to  select  and  appoint  competent 


2265  VITICULTURE.  Act  4309,  §§5-8 

and  qualified  persons  to  deliver  at  least  one  lecture  each  year  in  each 
of  the  viticultural  districts  as  named  and  designated  in  section  1  of  this 
aft;  to  give  especial  attention  to  the  diseases  and  pests  of  the  vineyards 
and  methods  of  control;  to  collect  viticultural  statistics  of  the  state; 
to  stnily  and  foster  methods  of  co-operation  among  grape-growers  and 
manufacturers  of  grape  products;  to  arrange  for  meetings,  shows  and 
conventions,  where  those  interested  in  the  viticultural  industries  of  the 
state  may  meet  to  further  their  mutual  interests.  The  board  shall  issue 
semi-annual  reports  of  its  various  activities  and  make  such  recommenda- 
tions as  in  its  judgment  it  may  deem  best  for  the  protection  and  for 
furthering  the  interests  of  the  table,  raisin  and  wine  grape  vineyards. 

Compensation. 

§  5.  The  commissioners  constituting  the  board  shall  serve  without 
compensation  and  shall  be  allowed  only  their  actual  traveling  expenses 
to  and  from  their  places  of  residence  when  attending  the  meetings  of 
the  board.  In  no  event,  however,  shall  allowance  be  made  to  them 
for  more  than  seven  meetings  during  a  year.  If  the  board  finds  it  neces- 
sarj--  to  hold  meetings  to  a  greater  number  than  seven  during  a  year,  no 
allowance  will  be  made  for  any  meetings  in  excess  of  seven. 

Office. 

§  6.  The  office  of  the  board  shall  be  in  the  city  of  Sacramento,  and 
shall  be  kept  open  to  the  public,  subject  to  the  rules  of  the  board,  every 
day,  excepting  legal  holidays  and  shall  be  in  charge  of  the  secretary 
during  the  absence  of  the  board. 

\  Duties  of  secretary. 

§  7.  It  shall  be  the  duty  of  the  secretary  to  attend  all  meetings  of 
the  board,  and  to  preserve  records  of  proceedings  and  correspondence, 
to  collect  books,  pamphlets,  periodicals,  and  other  documents  containing 
valuable  information  relating  to  viticulture,  and  to  preserve  the  same;  to 
collect  statistics  and  other  information  showing  the  actual  condition  and 
progress  of  viticulture  in  this  state  and  elsewhere;  to  collect  information 
concerning  lands  suitable  for  viticulture,  and  to  impart  to  the  public, 
upon  proper  demand  being  made,  information  concerning  localities  of 
such  lands,  prices,  cost  of  cultivation,  and  means  of  transportation;  pro- 
vided, that  he  shall  receive  no  fees  for  such  services;  to  correspond  with 
agricultural  and  viticultural  societies,  colleges,  schools  of  agriculture  and 
particularly  the  University  of  California  and  the  university  farms,  and 
to  disseminate  information,  printed  or  otherwise,  as  he  may  be  directed 
by  the  board  of  viticulture  commissioners;  and  to  prepare  as  required 
by  the  board,  semi  annual  reports  for  publication. 

University  to  co-operate. 

§  8.  And  for  the  further  promotion  of  the  viticultural  interests,  it 
shall  be  the  duty  of  the  board  of  regents  of  the  University  of  California 


Act  4340  GENERAL  LAWS.  2266 

to  co-operate  in  every  way  possible  with  the  state  board  of  viticultural 
commissioners;  to  continue  and  extend  the  work  of  instruction  and  in- 
vestigation which  they  are  now  carrying  out,  and  to  aid  the  state  board 
of  viticultural  commissioners  by  making  such  needful  analyses  and 
laboratory  researches  as  their  laboratories  and  experiment  stations  render 
possible. 

Appropriation. 

§  9.  There  is  hereby  appropriated  for  the  purpose  mentioned  in  this 
act  the  sum  of  seven  thousand  five  hundred  dollars  annually  and  the 
state  controller  shall  draw  his  warrants  upon  the  state  treasurer  in  favor 
of  the  treasurer  of  the  said  state  board  of  viticultural  commissioners, 
ujiou  proper  demand  being  ma<le  for  same. 

TITLE    555. 

WATER   COMMISSIONERS. 

ACT  43iO, 

An  act  to  regulate  the  use  of  water  which  is  subject  to  such  control  by 
the  state  of  California,  and  in  that  behalf  creating  a  state  water 
commission;  specifying  and  providing  for  the  appointment  of  the 
members  of  said  commission;  fixing  the  terms  of  office  and  com- 
pensation of  the  members  of  said  commission;  fixing  the  powers, 
duties  and  autliority  of  said  commission  and  its  members;  jtroviding 
for  the  filling  of  vacancies  in  the  membership  of  said  commission; 
providing  for  the  removal  from  oflice  of  the  appointed  members  of 
said  commission;  jiroviding  for  the  cooperation  of  courts  with  said 
commission;  providing  that  certain  courts  shall  take  judicial  notice 
of  certain  acts  of  the  state  water  commission;  specifying  the  duties 
of  all  persons  summoned  as  witnesses  before  said  commission  or  any 
of  its  members;  apj)rojiriating  money  for  carrying  out  the  provisions 
of  this  act;  providing  for  the  payment  of  the  indebtedness  and  ex- 
jienses  of  said  commission,  its  members  and  employees;  declaring 
wliat  water  is  unappropriated;  jiroviding  for  the  utilization  of  water 
and  the  works  necessary  to  such  utilization  to  the  full  cajiacity  of 
streams  or  of  such  portion  or  jiortions  of  such  capacity  as  the  public 
good  may  require,  declaring  what  water  may  be  appropriated;  declar- 
ing that  the  nonapplication  for  ten  consecutive  years  of  any  portion 
of  the  waters  of  any  stream  to  lands  rijiarian  to  such  stream  shall  be 
conclusive  presumption  that  the  use  of  such  nonapplied  water  is  not 
needed  on  said  rijtarian  lands  for  a  useful  or  beneficial  purpose;  de- 
claring that  such  nonapplied  water  shall  be  deemed  to  be  in  the 
use  of  the  state  and  subject  to  appropriation;  declaring  the  duties 
of  those  who  desire  to  approj>riate  water;  declaring  the  periods  for 
which  water  may  be  appropriated  and  the  conditions  under  which 
water  may  be  appropriated;  providing  for  the  payment  of  fees  an.l 
charges  by  the  applicants  for  permission  to  appropriate  water  and 


L'267  WATER  COMMISSIONERS.  Act  4340,  §  1 

by  the  appropriators  of  water;  providing  for  the  ascertainment  and 
adjudication  of  water  rights;  j>ruviding  for  the  bringing  of  actions 
by  certain  persons,  or,  upon  the  direction  of  the  state  water  com- 
mission, by  the  attorney  general,  for  the  quieting  of  title  to  water 
rights;  specifying  certain  duties  of  the  claimants,  possessors  or  users 
of  water  or  water  rights;  declaring  water  rights  forfeited  under 
certain  conditions;  regulating  the  approjjriation  of  water;  except- 
ing cities,  cities  and  counties,  municii)al  water  districts,  irrigation 
districts  and  lighting  districts  from  certain  provisions  of  this  act; 
defining  certain  words  and  terms  used  in  this  act;  repealing  all  acts 
or  parts  of  acts  in  conflict  with  this  act;  declaring  how  this  act 
shall  be  known;  making  legislative  declaration  concerning  those 
parts   of   this  act  which   may   not   be   declared   unconstitutional. 

[Approved   June    16,    1913.     Stats.    1913,   p.    1012.] 
See   in   connection   with   this   act   the   act   of   January   2,    1912    (Stats.  Ex.  Sess. 
1011,  p.   175).      See  post,  Act  43()8c. 

Water  commission  created.  Qualifications.  Salary.  Pro  tempore  com- 
missioners. 
§  1.  For  rhe  purpose  of  carrAing  out  the  provisions  of  this  act  a  state 
water  commission  consisting  of  five  persons  is  hereby  created  and  es- 
tablished. Two  members  of  said  commission  shall  be,  ex  officio,  the 
governor  of  the  state  and  the  state  engineer,  respectively.  Three  mem- 
bers of  said  commission  shall  be  appointed  by  the  governor  for  the 
term  of  four  years;  provided,  however,  that  of  the  members  first  ap- 
pointed one  shall  be  appointed  to  hold  office  until  the  first  day  in  January, 
1914,  one  until  the  first  day  in  January,  1915,  and  one  until  the  first  day 
in  January,  1916.  Such  appointive  commissioners  shall  be  men  of  prac- 
tical knowledge  or  experience  in  the  application  and  use  of  waters  for 
irrigation,  mining  and  municipal  purposes,  and  shall  be  so  appointed  that 
at  least  one  thereof  shall  have  had  practical  knowledge  and  experience  in 
the  use  of  water  for  agricultural  purposes,  and  one  thereof  shall  have  had 
practical  knowledge  and  experience  in  the  use  of  water  for  mining  pur- 
poses, and  one  thereof  shall  have  had  practical  knowledge  and  experience 
in  the  use  of  water  for  municipal  purposes.  The  commissioners  shall 
elect  one  of  their  number  president  of  the  commission.  The  appointed 
members  of  said  commission  shall  each  receive  as  compensation  for  his 
services  the  sum  of  five  thousand  dollars  per  annum.  No  commissioner 
who  is  directly  or  indirectly  interested  in  any  matter  before  the  com- 
mission shall  sit  with  the  commission  during  the  hearing  of  such  matter; 
nor  shall  he  be  detailed  by  the  commission  to  investigate  or  report  on 
any  such  matter;  nor  shall  he  take  part  in  any  determination  of  any 
such  matter.  But  the  governor  shall  have  the  power  and  authority,  upon 
request  of  the  commission,  to  appoint  pro  tempore  some  disinterested 
person  to  sit  and  act  in  the  place  and  stead  of  such  interested  com- 
missioner. Such  pro  tempore  commissioner  shall  have  compensation  for 
the  time  of  service  equal  to  the  compensation  of  a  commissioner  during 


Act  4340,  §§2-4  general  laws.  2268 

such  service  and  shall  have  the  power  and  authority  of  the  same,  only 
in  the  matter  for  the  investigation  and  determination  of  which  he  shall 
have  been  appointed  and  his  connection  with  the  commission  shall  cease 
and  determine  upon  the  completion  of  the  investigation  and  determina- 
tion for  which  he  was  appointed.  But  the  commissioner  in  whose  place 
and  stead  he  sits  shall  have  jiower,  compensation  and  authority  in  all 
other    cases. 

Vacancies.     Seal. 

§  2.  Whenever  a  vacancy  in  the  state  water  commission  shall  occur, 
the  governor  shall  forthwith  appoint  a  qualified  person  to  fill  the  same 
for  tiie  unexi)ired  term.  The  legislature,  by  a  two-thirds  vote  of  all 
members  elected  to  each  house,  or  the  governor,  may  remove  any  one  or 
more  of  the  appointed  commissioners  from  office.  The  commission  shall 
have  a  seal  bearing  the  following  inscription:  State  water  commission 
of  California.  The  seal  shall  he  atlixed  to  all  authentications  of  copies 
of  records  and  to  such  other  instruments  as  the  commission  may  direct. 
All   courts  shall  take  judicial  notice  of  said  seal. 

Quorum. 

§  3.  A  majority  of  the  appointed  commissioners  shall  constitute  a 
quorum  for  the  transaction  of  any  business,  for  the  performance  of  any 
duty,  or  for  the  exercise  of  any  power  of  the  commission.  No  vacancy 
in  the  commission  shall  imjiair  the  right  of  the  remaining  conimissioncr> 
to  exercise  all  the  powers  of  the  commission.  The  act  of  a  majority 
of  the  commissiimers  present,  when  in  session  as  a  board,  shall  be  dcemcl 
to  be  the  act  of  the  commission;  but  an}'  investigations,  inquiry  or 
hearing  which  the  commission  has  power  to  undertake  or  hold  may  be 
umiortaltpii  or  held  by  or  before  any  commissioners  or  commissioner 
designated  for  the  purpose  by  the  commission;  and  every  finding,  order, 
ascertainment  or  decision  made  by  the  lommissioners  or  the  commis- 
sioner so  designated  jmrsuant  to  such  investigation,  inquiry  or  hearing, 
when  approved  by  the  commission  and  ordered  filed  in  its  ollice,  shall 
be  and  be  deemed  to  be  the  finding,  onler,  ascertainment  or  decision 
of  the  commission. 

Powers.     Witness'  fees. 

§  i.  (a)  Kach  commissioner  shall  have  power  to  administer  oaths, 
certify  to  all  official  acts,  and  to  issue  subpoenas  for  the  attendance  of 
witnesses  and  the  jiroduction  of  papers,  books,  maps,  accounts,  documents 
and  testimony  in  any  inquiry,  investigation,  hearing,  ascertainment  or 
jiroceeding  ordered  or  undertaken  by  the  commission  in  any  part  of 
the  state.  Each  witness  who  shall  appear  by  order  of  the  commission  or 
any  commissioners  or  a  commissioner  shall  receive  for  his  attendance 
the  same  fees  and  mileage  allowed  by  law  to  witnesses  in  civil  cases, 
which  amount  shall  be  ]iaid  by  the  party  at  whose  request  such  witness 
is   subpoenaed.     When    any    witness    who    has    not    been    required    to   at- 


2269  WATER  COMMISSIONERS.  Act  4340,  §  4 

tend  at  the  request  of  any  party  shall  be  subpoenaed  by  the  commission 
his  fees  and  milcafie  shall  be  paid  from  the  funds  appropriated  for  the 
use  of  the  commission  in  the  same  manner  as  other  expenses  of  the 
commission  are  paid.  Any  witness  subpoenaed,  except  one  whose  fees 
and  mileajje  may  be  paid  from  the  funds  of  the  commission,  may,  at 
the  time  of  service,  demand  the  fee  to  which  he  is  entitled  for  travel 
to  and  from  the  place  at  which  he  is  required  to  appear  and  one  day's 
attendance.  If  such  witness  demand  such  fees  at  the  time  of  service, 
and  they  are  not  at  that  time  paid  or  tendered,  he  shall  not  be  required 
to  attend  before  the  commission  or  commissioners  as  directed  in  the 
subpoena.  All  fees  and  mileage  to  which  any  witness  is  entitled  under 
the  provisions  of  this  section  may  be  collected  by  action  therefor  in- 
stituted by  the  person  to  whom  such  fees  are  payable.  But  no  witness 
shall  be  compelled  to  attend  as  a  witness  before  the  water  commission 
or  any  water  commissioner  or  water  commissioners  out  of  the  county 
in  which  he  resides,  unless  the  distance  be  less  than  thirty  miles  from 
his  place  of  residence  to  the  place  of  hearing. 

Superior  court  may  compel  attendance  of  witnesses,  etc. 

(b)  The  superior  court  of  the  county  or  city  and  county  in  which  any 
inquiry,  investigation,  hearing  or  proceedings  may  be  held  by  the  com- 
mission or  any  commissioner  or  commissioners  shall  have  the  power 
to  compel  the  attendance  of  witnesses  and  the  production  of  papers, 
maps,  books,  accounts,  documents  and  testimony  as  required  by  any 
subpoena  issued  by  the  commission  or  any  commissioner  or  commissioners. 
The  commission,  commissioners,  or  commissioner  before  whom  the  testi- 
mony is  to  be  given  or  produced  may,  in  case  of  the  refusal  of  any 
witness  to  attend  or  testify  or  produce  any  papers,  maps,  books,  ac- 
counts or  documents  required  by  such  subpoena,  report  to  the  superior 
court  in  and  for  the  county  or  city  and  county  in  which  the  proceeding 
is  pending  by  petition,  setting  forth  that  due  notice  has  been  given  of 
the  time  and  place  of  attendance  of  said  witness,  or  for  the  production 
of  said  papers,  maps,  books,  accounts  or  documents  and  that  the  wit- 
ness has  been  summoned  in  the  manner  prescribed  in  this  act,  and  that 
the  witness  has  failed  and  refused  to  attend  or  produce  the  papers, 
maps,  books,  accounts,  or  documents  required  by  the  subpoena  before 
the  commission,  com?nissioners,  or  commissioner  in  the  cause  or  proceed- 
ing named  in  the  notice  and  subpoena,  or  has  refused  to  answer  ques- 
tions propounded  to  him  in  the  course  of  such  cause  or  proceeding,  and 
ask  an  order  of  said  court,  compelling  the  witness  to  attend,  testify, 
and  produce^  said  papers,  maps,  books,  accounts  or  documents  before 
the  commission,  or  commissioners,  or  commissioner.  The  court,  upon  the 
petition  of  the  commission  or  commissioner  or  commissioners  shall  enter 
an  order  directing  the  witness  to  appear  before  the  court  at  a  time  and 
place  to  be  fixed  by  the  court  in  such  order,  the  time  to  be  not  more 
than  ten  days  from  the  date  of  the  order,  and  then  and  there  show 
cause,  if  any  he  have,  why  he  refused  to  obey  said  subpoena,  or  refused 


Act  4340,  §§  5, 6  general  laws.  2270 

to  answer  questions  propounded  to  him  by  said  connmission,  or  any  com- 
missioners or  any  commissioner,  or  neglected,  failed  or  refused  to  pro- 
duce before  said  commission,  or  any  commissioners  or  any  commissioner 
the  books,  papers,  maps,  accounts  or  documents  called  for  in  said  sub- 
poena. A  coj»y  of  said  order  and  the  petition  therefor  shall  be  served 
upon  said  witness.  If  it  sliall  appear  to  the  court  that  said  subpoena 
was  regularly  issued  by  the  commission  or  any  commissioners  or  a 
commissioner,  the  court  shall  thereupon  enter  an  order  that  said  witness 
appear  before  the  commission  or  commissioners  or  commissioner  at  the 
time  and  place  fixed  in  said  order,  and  testify  or  proiluce  the  requiro'i 
papers,  majis,  books,  accounts  or  <locuments,  or  both  testify  and  pm 
duce;  and  upon  failure  to  obey  said  order  said  witness  shall  be  dcait 
with  as  for  contempt  of  court. 

Depositions. 

(c)  The  state  water  commission  or  any  commissioners  or  commissioner, 
or  any  party  to  a  proceeding  before  the  commission  or  any  commissioner?, 
or  any  commissioner,  may  in  any  investigation  or  hearing  before  the  com- 
mission or  any  commissioners  or  any  commissioner  cause  the  <loposition 
of  witnesses  residing  within  or  without  the  state  to  be  taken  in  the  manni^r 
prescribed  by  law  for  depositions  in  civil  actions  in  the  superior  courts  of 
this  state. 

Witness  may  not  refuse  to  testify. 

((!)  No  person  sliall  be  <>xcusfc|  from  testifying  or  from  producing  an\ 
book,  map,  document,  paper  or  account  in  any  investigation  or  inquiry  hv 
or  hearing  before  the  commission  or  any  commissioners  or  rommissior>  r 
upon  the  ground  that  the  testimony  or  eviflence,  book,  map,  document,  pap*  r 
or  account  required  of  him  may  tend  to  incriminate  him  or  subject  hirr 
to  penalty  or  forfeiture.  But  no  person  shall  be  prosecuted,  punished  or 
subjected  to  any  penalty  or  forfeiture  for  or  on  account  of  any  ac'. 
transaction,  matter  or  thing  material  to  the  matter  uniler  investigation  bv 
said  commission,  or  any  commissioners,  or  any  commissioner  concerning 
which  he  shall  have  been  compelled  to  testify  or  to  produce  documentary 
evidence;  provided,  that  no  person  so  testifying  or  producing  shall  be  ex- 
empt from  prosecution  and  punishment  for  any  perjury  committed  by 
him  in  his  testimony. 

Record  of  business. 

§  5.  A  full  and  accurate  record  of  business  or  acts  performed  or  of 
testimony  taken  by  the  commission  or  any  member  or  members  thereof  in 
pursuance  of  the  provisions  of  this  act  shall  be  kept  and  be  placed  on  file 
in  the  office  of  said    water  commission. 

Fees. 

§  6.  The  state  water  commission  shall  take,  charge  and  collect  the  fol- 
lowing fees:  for  copies  and  records  not  retiuircil  to  be  certified  or  other- 
wise authenticated  by  the  commission,  ten  cents  for  each  folio  j  for  certified 


2271  WATER  COMMISSIONERS.         Act  4340,  §§  7-10 

copies  of  official  documents  and  orders  filed  in  its  office,  fifteen  cents  for 
each  folio,  and  one  dollar  for  every  certificate  under  seal  affixed  thereto; 
for  certified  copies  of  evidence  and  proceedings  before  the  commission 
fifteen  cents  for  each  folio.  The  commission  may  fix  reasonable  charges 
for  publications  issued  under  its  authority.  All  fees  charged  and  collected 
under  this  section  shall  be  jmid,  at  least  once  each  week,  accompanied  by  a 
detailed  statement  thereof,  into  the  treasury  of  the  state. 

Eules.     Secretary. 

§  7.  For  the  purpose  of  carrying  out  the  provisions  of  this  act  the  state 
water  commission  is  authorized  to  pass  such  necessary  rules  and  regulations 
as  it  may  from  time  to  time  deem  advisable,  and  to  appoint  and  remove 
at  its  pleasure  a  secretary  who  shall  have  charge  of  its  books  and  records 
and  perform  such  other  duties  as  from  time  to  time  may  be  prescribed  and 
whose  salary  shall  be  fixed  by  the  water  commission;  and  the  state  water 
commission  may  also  emploj'  such  expert,  technical  and  clerical  assistance, 
and  upon  such  terms,  as  it  may  deem  proper. 

Appropriation. 

§  8.  For  the  purpose  of  carrying  out  the  provisions  of  this  act  the 
sum  of  fifty  thousand  dollars  is  hereby  appropriated  for  the  fiscal  years 
1913-1914  and  1914-1915  out  of  any  money  in  the  state  treasury  not  other- 
wise appropriated ;  and  the  state  controller  is  hereby  authorized  ami  directed 
to  draw  warrants  upon  such  sum  from  time  to  time  upon  the  requisition 
of  the  state  water  commission  approved  by  the  state  board  of  control,  and 
the  state  treasurer  is  hereby  authorized  and  directed  to  pay  such  warrants. 

Payments  from  fund. 

§  9.  All  indebtedness  incurred  for  salaries,  and  all  necessary  costs  in 
traveling  and  other  expenses  of  said  commission,  and  each  of  its  members 
and  persons  employed  by  it,  while  actually  engaged  in  the  business  of  said 
commission,  shall  be  paid  by  the  state  out  of  the  funds  hereby  appropriated, 
upon  the  sworn  statement  of  the  person  or  persons  incurring  such  indebted- 
ness, and  upon  the  requisition  of  the  state  w^ter  commission,  approved  by 
the  state  board  of  control,  and  the  state  controller  is  hereby  authorized 
to  draw  warrants  upon  the  state  treasurer  for  said  indebtedness,  salaries, 
costs  and  expenses,  as  provided  by  law  for  the  payment  of  similar  costs 
and   expenses   and   the   drawing  of  similar   warrants. 

To  investigate  streams,  etc. 

§  10.  The  state  water  commission  is  hereby  authorized  and  empowered 
to  investigate  for  the  purpose  of  this  act  all  streams,  stream  systems,  por- 
tions of  stream  systems,  lakes,  or  other  bodies  of  water,  and  to  take  testi- 
mony in  regard  to  the  rights  to  water  or  the  use  of  water  thereon  or  therein, 
and  to  ascertain  whether  or  not  such  water,  or  any  portion  thereof,  or  the 
use  of  said  water  or  any  portion  thereof,  heretofore  filed  upon  or  attempterl 
to  be  appropriated  by  any  person,  firm,  association,  or  corporation,  is  ap- 
propriated under  the  laws  of  this  state. 


Act  4340,  §  11  GENERAL  LAWS.  2272 

Water  declared  unappropriated.  Public  waters.  Eeservoirs  may  con- 
stitute single  system. 
§  11.  All  water  or  the  use  of  water  which  has  never  been  appropriated, 
or  which  has  been  heretofore  appropriateil  and  which  has  not  been  in  process, 
from  the  date  of  the  initial  act  of  appropriation,  of  being  put,  with  due 
diligence  in  proportion  to  the  magnitude  of  the  work  necessary  properly  to 
utilize  for  the  purpose  of  such  appropriation  such  water  or  the  use  of  water, 
or  which  has  not  been  put,  or  which  has  et-ascd  to  be  put  to  some  useful 
or  beneficial  purpose,  or  which  may  hereafter  be  appropriated  and  cease  to 
be  put,  to  the  useful  or  beneficial  purpose  for  which  it  was  appropriated, 
or  which  in  the  future  may  be  appropriated  and  not  be.  in  the  process 
of  being  put,  from  the  date  of  the  initial  act  of  appropriation,  to  the 
useful  or  beneficial  pur|)ose  for  which  it  was  appropriated,  with  due  dili- 
gence in  proportion  to  the  magnitude  of  the  work  necessary  properly  to 
utilize  for  the  j)urpose  of  such  appro[iriation  such  water  or  the  use  of 
water,  is  hereby  declared  to  be  unappr(ij)riated.  And  all -waters  flowing  in 
any  river,  stream,  canyon,  ravine  or  other  natural  channel,  excepting  so 
far  as  such  waters  have  been  or  are  being  applied  to  useful  and  beneficial 
purpose  upon,  or  in  so  far  as  such  waters  are  or  may  be  reasonably  needed 
for  useful,  and  beneficial  purposes  upon  lands  riparian  thereto,  or  other- 
wise apj>ropriated,  is  and  are  hereby  declared  to  be  public  waters  of  the 
state  of  California  and  subject  to  appropriation  in  accordance  with  the 
provisions  of  this  act.  If  any  portion  of  the  waters  of  any  stream  shall 
not  be  put  to  a  useful  or  beneficial  purj)ose  to  or  upon  lands  ri|iarian  to 
such  stream  for  any  continuous  period  of  ten  consecutive  years  after  the 
]>assage  of  this  act.  such  nonapplication  shall  be  deemed  to  be  conclusive 
presumption  that  the  use  of  such  portions  of  the  waters  of  such  stream 
is  not  needed  upon  said  riparian  lands  for  any  useful  or  beneficial  pur- 
pose; and  such  portion  of  the  waters  of  any  stream  so  nonapplied,  unless 
otherwise  appropriated  for  a  useful  and  beneficial  purpose  is  hereby 
declared  to  be  in  the  use  of  the  state  and  subject  to  appropriation  in 
accordance  with  the  jirovisions  of  this  act.  In  any  case  where  a  reser- 
voir or  reservoirs  have  been  or  shall  hereafter  under  the  provisions  of 
tliis  act  be  constructed  or  surveyed,  laid  out  and  proposed  to  be  con- 
structed for  the  storage  of  water  for  a  system,  which  water  is  to  be 
used  at  one  or  more  points  under  appropriations  of  water  heretofore  or 
hereafter  made,  which  ajipropriations  and  rights  thereuniler  are  nmv, 
or  shall  hereafter  be  held  and  owned  by  the  person  or  corporation  own- 
ing such  reservoir  site  or  sites  and  constructing  such  reservoir  or  reser- 
voirs, such  reservoir  or  reservoirs  an<l  appropriations  and  rights  shall, 
in  the  discretion  of  the  state  water  commission,  constitute  a  single  enter- 
prise and  unit,  and  work  of  constructing  such  reservoir  or  reservoirs,  or 
any  of  them,  or  work  on  any  one  of  such  ajipropriations  shall,  in  the 
discretion  of  said  commission,  be  sufficient  to  maintain  and  preserv*  all 
such  applications  for  appropriations  and  rights  thereunder. 


2273  WATER  COMMISSIONERS.  Act  4340,  §  12 

Time  within  which  water  must  be  applied.  Joint  use  when  original  user 
unable  to  develop  to  full  capacity.  Cost  and  maintenance.  Addmg 
to  dams,  etc. 

§  12.  The  state  water  commission  shall  have  authority  to,  and  may, 
for  good  cause  shown,  upon  the  application  of  any  appiopriator  or  user 
of  water  under  an  appropriation  made  and  maintained  according  to  law 
prior  to  the  passage  of  this  act,  prescribe  the  time  within  which  the 
full  amount  of  the  water  appropriated  shall  be  applied  to  a  useful  or 
beneficial  purpose;  provided,  that  said  appropriator  or  user  shall  have 
proceeded,  with  due  diligence  in  proportion  to  the  magnitude  of  the 
project,  to  carry  on  the  work  necessary  to  put  the  water  to  a  beneficial 
use;  and  in  determining  said  time  said  eonuiiission  shall  grant  a  reason- 
able time  after  the  construction  of  the  works  or  canal  or  ditch  or  con- 
duits or  storage  system  used  for  the  diversion,  conveyance  or  storage 
of  water;  and  in  doing  so  said  commission  shall  also  take  into  considera- 
tion the  cost  of  tlie  application  of  such  water  to  the  useful  or  beneficial 
purpose,  the  good  faith  of  the  ap])ropriator,  the  market  for  water  or 
power  to  be  supplied,  the  present  demand  therefor,  and  the  income  or 
use  that  may  be  required  to  provide  fair  and  reasonable  returns  upon 
the  investment  and  any  other  facts  or  matters  pertinent  to  the  inquiry. 
Upon  prescribing  such  time  the  state  water  commission  shall  issue  a 
certificate  showing  its  determination  of  the  matter.  For  good  cause 
shown,  the  state  water  commission  may  extend  the  time  by  granting 
further  certificates.  And,  for  the  time  so  prescribed  or  extended,  the 
said  appropriator  or  user  shall  be  deemed  to  be  putting  said  water  to 
a  beneficial  use. 

And  if  at  any  time  it  shall  appear  to  the  state  water  commission, 
after  a  hearing  of  the  parties  interested  and  an  investigation,  that  the 
full  capacity  of  the  works  built  or  constructed,  or  being  built  or  con- 
structed, under  an  appropriation  of  water  or  the  use  thereof  made  under 
the  provisions  of  this  act  has  not  developed  or  cannot  develop  the  full 
capacity  of  the  stream  at  the  point  where  said  works  have  been  or  are 
being  built  or  constructed,  and  that  the  holder  of  the  said  appropriation 
will  not  or  cannot,  within  a  period  deemed  to  be  reasonable  by  the 
commission,  develop  the  said  stream  at  said  point  to  such  a  capacity 
as  the  commission  deems  to  be  required  by  the  public  good,  then  and 
in  that  case  the  said  commission,  in  its  discretion,  may  permit  the 
joint  occupancy  and  use,  with  the  holder  of  the  appropriation,  to  the 
extent  necessary  to  develop  the  stream  to  its  full  capacity  or  to  such 
portion  of  said  capacity  as  may  appear  to  the  state  water  commission 
to  be  advisable,  by  any  and  all  persons,  firms,  associations,  or  corpora- 
tions applying  therefor,  of  any  dam,  tunnel,  diversion  works,  ditch,  or 
other  works  or  constructions  already  built  or  constructed  or  in  process 
of  being  built  or  constructed  under  this  act;  provided,  that  said  com- 
mission shall  take  into  consideration  the  reasonable  cost  of  the  original 
and  new  work,  the  good  faith  of  the  applicant,  the  market  for  water 
143 


Act  4340,  §  12  GENERAL  LAWS.  2274 

or  power  to  be  supplied  by  the  original  and  the  new  work,  and  the  in- 
come or  use  that  may  be  required  to  provide  fair  and  reasonable  returns 
ujion  such  cost;  provided,  further,  that  the  applicant  or  applicants  shall 
be  required  to  pay  to  the  party  or  parties  owning  said  dam,  tunnel, 
diversion  works,  ditch,  or  other  works  or  constructions  a  pro  rata  por- 
tion of  the  total  cost  of  the  old  and  the  new  works,  said  pro  rata  por- 
tion to  be  based  upon  the  proportion  of  the  water  used  by  the  original 
and  the  subsequent  users  of  said  dam,  tunnel,  diversion  works,  ditch,  or 
other  works  or  constructions,  if  the  water  is  used  or  to  be  used  for 
irrigation  or  domestic  purposes;  or,  if  the  water  is  used  or  to  be  used 
for  the  generation  of  electricity,  or  electrical  or  other  power,  the  said 
pro  rata  portion  shall  be  based  upon  the  relative  amount  of  electricity 
or  electrical  or  other  power  capable  of  being  ileveloped  by  the  original 
and  the  new  works;  or,  if  a  portion  of  the  water  utilized  under  a  joint 
occupancy  of  any  dam,  tunnel,  diversion  works,  ditch,  or  other  works  or 
construction,  shall  be  used  for  the  purpose  of  irrigation  and  another 
portion  of  said  water  shall  be  used  for  the  generation  of  electricity  or 
electrical  or  other  jiower,  then  and  in  that  case  the  applicant  or  appli- 
cants for  joint  occupancy  shall  be  required  to  pay  to  the  party  or  par 
tics  owning  said  dam,  tunnel,  diversion  works,  ditch,  or  other  works 
or  constructions  a  pro  rata  portion  of  the  total  cost  of  the  old  and  new 
works,  said  pro  rata  portion  to  be  based  upon  the  proportion  of  the 
relative  amount  of  water  used  by  each  joint  occupant  and  the  income 
d'crived  by  each  said  joint  occupant  from  said  joint  occupancy;  or,  if 
any  of  the  waters  used  under  such  joint  occupancy  shall  be  utilized  for 
purposes  other  than  those  specified  above,  then  and  in  that  case  the 
applicant  or  applicants  for  such  joint  occupancy  shall  be  required  to 
pay  to  the  party  or  parties  owning  said  dam,  tunnel,  tliversion  works, 
ditch,  or  other  works  or  constructions,  such  a  pro  rata  portion  of  the 
total  cost  of  the  old  and  new  works  as  shall  appear  to  the  state  water 
commission  to  be  just  and  equitable.  Said  applicant  or  api)licants  shall 
also  be  required  to  pay  a  proper  pro  rata  share,  based  as  above,  of 
the  cost  of  maintaining  said  dam,  tunnel,  diversion  works,  ditch  or  other 
works  or  constructions,  on  and  after  beginning  ti»e  occupancy  and  use 
thereof.  Furthermore,  the  state  water  commission  if  it  appears  to  the 
said  commission  that  the  full  capacity  of  the  works  built  or  constructed, 
or  being  built  or  constructed,  under  an  appropriation  of  water  or  the 
use  thereof  under  this  act,  will  not  develop  the  full  capacity  of  the 
stream  at  that  point,  and  it  appears  to  the  commission  that  the  public 
good  requires  it,  and  the  commission  specifically  so  fintls  after  investiga- 
tion and  hearing  of  the  parties  interested,  may  permit  any  person,  firm, 
association  or  corporation  to  repair,  improve,  add  to,  supplement,  or 
enlarge,  at  his  or  its  proper  cost,  charge  and  expense,  any  dam.  tunnel, 
diversion  works,  ditch,  or  other  works  or  constructions  already  built 
or  constructed  or  in  process  of  being  built  or  constructed  under  the 
provisions  of  this  act,  and  to  use  the  same  jointly  with  the  owners 
thereof;   provided,   that   the   said   repairing,    improving,   adding   to,   sup- 


2275  WATER  COMMISSIONERS.       Act  4340,  §§  13-16 

plenicnting,  or  enlarging,  shall  not  materially  interfere  with  the  proper 
use  thereof  by  the  owner  of  said  dam,  tunnel,  diversion  works,  ditch, 
or  other  works  or  constructions  or  shall  not  materially  injure  said  dam, 
tunnel,  diversion  works,  ditch  or  other  works  or  constructions.  And  the 
state  water  commission  shall  determine  the  pro  rata  and  other  costs 
provided  for  in  this  section. 

Adjudication  of  rights. 

§  13.  All  rights  granted  or  declared  by  this  act  shall  he  ascertained, 
adjudicated  and  determined  in  the  manner  and  by  the  tribunals  as  pro- 
vided in  this  act. 

Rights  bestowed. 

§  14.  This  act  shall  not  be  held  to  bestow,  except  as  expressly  pro- 
vided in  this  act,  upon  any  person,  firm,  association  or  corporation,  any 
right  where  no  such  right  existed  prior  to  the  time  this  act  takes  efifect. 

Use  of  unappropriated  water. 

§  15.  The  state  water  commission  shall  allow,  under  the  provisions 
of  this  act,  the  appropriation  of  unappropriated  w-ater  or  of  the  use 
thereof,  or  of  water  or  of  the  use  thereof  which  may  hereafter  cease 
to  be  appropriated,  or  which  may  hereafter  be  declared  to  be  unappro- 
priated, or  which,  having  been  used  under  claim  of  riparian  proprietor- 
ship or  appropriation  finds  its  way  back  into  a  stream,  lake  or  other 
body  of  water  and  also  such  water  as  is  declared  under  section  11  of  this 
act  to  be  subject  to  appropriation. 

Application  for  permit.     Maps.     Change  of  point  of  diversion. 

§  16.  Every  application  for  a  permit  to  appropriate  water  shall  set 
forth  the  name  and  postoffice  address  of  the  applicant,  the  source  of 
water  supply,  the  nature  and  amount  of  the  proposed  use,  the  location 
and  description  of  the  proposed  headworks,  ditch,  canal  and  other 
works;  the  proposed  place  of  diversion  and  the  place  where  it  is  in- 
tended to  use  the  water;  the  time  within  which  it  is  proposed  to  begin 
construction,  the  time  required  for  completion  of  the  construction,  and 
the  time  for  the  complete  application  of  the  water  to  the  proposed  use. 
if  for  agricultural  purposes,  the  application  shall,  besides  the  above 
general  requirements,  give  the  legal  subdivisions  of  the  land  and  the 
acreage  to  be  irrigated,  as  near  as  may  be;  if  for  power  purposes,  it 
shall  give,  besides  the  general  requirements  prescribed  above,  the  nature 
of  the  works  by  means  of  which  the  power  is  to  be  developed,  the  head 
and  amount  of  water  to  be  utilized,  and  the  use  to  which  the  power 
is  to  be  applied;  if  for  storage  in  a  reservoir,  it  shall  give,  in  addition 
to  the  general  requirements  prescribed  above,  the  height  of  dam-,  the 
capacity  of  the  reservoir,  and  the  use  to  be  made  of  the  impounded 
waters;  if  for  municipal  water  supply,  it  shall  give,  besides  the  general 
requirements  specified  above,  the  present  population  to  be  served,  and, 
as  near  as  may  be,  the  future  requirements  of  the  city;  if  for  mining 


Act  4340,  §  17 


GENERAL   LAWS. 


2276 


purposes,  it  shall  give,  in  adrlition  to  the  general  requirements  prescribed 
above,  the  nature  and  location  of  the  mines  to  be  served  and  the 
methods  of  supplying  and  utilizing  the  water.  All  applications  shall  bo 
accompanied  by  as  many  copies  of  such  maps,  drawings,  and  other  data 
as  may  be  prescribed  or  required  by  the  state  water  commission,  and 
such  maps,  drawings,  and  other  data  shall  be  considered  as  part  of  the 
application.  If  any  permittee  or  licensee,  or  the  heirs,  8ucce?=5ors,  or 
assigns  of  any  permittee  or  licensee,  desire  to  change  the  point  of  diver- 
sion from  the  point  of  diversion  specified  in  the  original  application,  or 
after  the  granting  of  any  permit  or  license,  such  change  or  changes  may 
be  made  only  upon  the  permission  of  the  state  water  commission;  pro- 
vided, that,  before  granting  such  permission,  such  applicant  must  estab- 
lisli,  to  the  satisfaction  of  the  state  water  commission,  and  such  com- 
mission must  so  find,  that  such  change  in  the  place  of  diversion  will  not 
ojicrate  to  the  injury  of  any  other  appropriator  or  legal  user  of  such 
waters  before  permitting  such  change  in  the  place  of  the  diversion. 
Upon  receipt  of  application  for  permission  to  make  such  change  in  the 
place  of  diversion,  the  commission  shall,  by  order,  fix  a  time  within 
which  any  person  interested  may  appear  in  opposition  to  such  applica- 
tion, and  such  applicant  shall,  if  the  coiumission  bo  require,  cause  to  be 
published  at  least  once  a  week  for  four  consecutive  weeks,  in  a  news- 
paper or  newspapers  of  general  circulation  in  the  county  in  which  is 
situ.ated  both  the  old  and  new  ]ioints  of  diversion,  a  copy  of  said  order. 
Proof  of  such  publication  shall  be  by  affidavit  of  the  publisher  of  such 
nf\vs|)a])er.  Should  any  olijectiun  be  made  to  the  change  in  point  of 
diversion  so  applied  for.  the  state  water  commission  shall  fix  a  time  for 
the  hearing  of  said  application  and  of  the  objections  thereto,  which 
time  shall  be  not  less  than  thirty  days  nor  more  than  sixty  days  after 
the  period  of  said  publication,  and  u|ion  such  hearing  the  said  commis- 
sion shall  grant  or  refuse,  as  the  facts  shall  warrant,  such  permission  to 
cliange  place  of  diversion. 

Pennit.     Priority  of  right.     Amended  application. 

§  17.  Any  person,  firm,  association  or  corporation  may  apply  for  and 
secure  from  the  state  water  commission,  in  conformity  with  this  act. 
and  in  conformity  with  reasonable  rules  and  regulations  adopted  frt)m 
time  to  time  by  the  state  water  commission,  a  permit  for  any  unappro- 
priated water  or  for  water  which  having  been  appropriated  or  used  flows 
back  into  a  stream,  lake  or  other  body  of  water  within  this  state. 
And  any  application  so  made  shall  give  to  the  applicant  a  priority  of 
right  as  of  the  date  of  said  application  to  such  water  or  the  use  thereof 
until  such  application  shall  have  been  approved  or  rejected  by  said 
commission;  provided,  that  such  priority  shall  continue  only  so  long 
as  the  provisions  of  law  and  the  rules  and  regulations  of  the  water  com- 
mission shall  be  followed  by  the  applicant.  Upon  the  approval  of  any 
application  by  the  commission,  said  approval  shall  give  priority  of  right 
as  of  the  date  of  said  application,  and  shall  give  the  right  to  take  and 


2277  WATER  COMMISSIONERS.  Act  4340,  §  18 

use  the  amount  of  water  specifiied  in  said  approval  until  the  issuance  by 
the  state  water  couimission  of  a  license  for  the  use  of  said  amount  of 
water,  or  until  the  said  commission  refuses  to  issue  said  license.  But 
the  approval  of  any  application  shall  give  the  right  to  take  and  use 
water  only  to  the  extent  and  for  the  pvirpose  allowed  in  snid  approval; 
l)rovided,  tliat  any  defective  apjdication  made  in  a  bona  fide  attempt 
to  conform  to  the  rules  and  regulations  of  the  state  water  commission 
and  to  the  law  sliall  secure  to  the  apjdicant  a  priority  of  right  as  of  the 
date  of  said  application  until  he  shall  have  been  notified  by  said  com- 
mission in  what  respect  his  application  is  defective.  And  said  applicant 
shall  be  allowed  sixty  days  after  notice  of  said  defect  in  which  to  file 
an  amended  and  perfected  application.  If,  within  said  sixty  days,  said 
applicant  shall  not  file  an  amended  and  perfected  application,  said 
priority  of  right  shall  cease  and  determine,  unless  for  good  cause  shown 
the  state  water  commission  shall  allow  said  applicant  to  file  a  further 
amended  and  perfected  application;  provided,  also,  that  any  priority  of 
right  secured  under  this  section  shall  not  be  effective  for  more  than 
thirty  days  after  service  of  notice  of  such  approval,  personally  or  by 
registered  mail,  on  the  applicant,  unless  within  said  period  of  thirty 
days  a  true  copy  of  said  approval  upon  which  such  priority  is  based 
shall  have  been  filed  in  the  office  of  the  recorder  of  the  county  or  city 
and  county  in  which  the  water  is  to  be  diverted,  and,  within  ten  days 
thereafter,  a  certificate  of  such  filing  by  the  countj'^  recorder  is  also 
filed  with  the  state  water  commission. 

Beginning  of  construction  work.  Revocation  of  permit.  Review  of 
order. 
§  18.  Actual  construction  work  upon  any  project  shall  begin  within 
such  time  after  the  date  of  the  approval  of  the  application  as  shall  be 
specified  in  said  approval,  which  time  shall  not  be  less  than  sixty  days 
from  date  of  said  approval,  and  the  construction  of  the  work  there- 
after shall  be  prosecuted  with  due  diligence  in  accordance  with  this  act, 
the  terms  of  the  approved  application,  and  the  rules  and  regulations  of 
said  commission;  and  said  work  shall  be  completed  in  accordance  with 
law,  the  rules  and  regulations  of  the  state  water  commission,  and  the 
terms  of  the  approved  application  and  within  a  period  specified  in  the 
permit;  but  the  period  of  completion  specified  in  the  permit  may,  for 
good  cause  shown,  be  extended  by  the  state  water  commission.  And  if 
such  work  be  not  so  commenced,  prosecuted  and  completed,  the  water 
commission  shall,  after  notice  in  writing  and  mailed  in  a  sealed,  postage- 
prepaid  and  registered  letter  addressed  to  the  applicant  at  the  address 
given  in  his  application  for  a  permit  to  appropriate  water,  and  a  hearing 
before  the  commission,  revoke  its  approval  of  the  application.  But  any 
applicant,  the  approval  of  whose  application  shall  have  been  thus  re- 
voked, shall  have  the  right  to  bring  an  action  in  the  superior  court  of 
the  county  in  which  is  situated  tae  point  of  proposed  diversion  of  the 
water  for  a  review  of  the   order   of   the   commission   revoking  said   ap- 


Act  4340,  §  19  GENER-\L  LAWS.  2278 

proval  of  the  application.  And  thirty  Jays  after  the  revocation  of  said 
permit  all  rights  of  the  said  permittee  under  said  permit  shall  cease 
and  lajise,  unless  said  permittee  shall  within  said  thirty  days  after  said 
revocation  bring  an  action  in  the  superior  court  for  a  review  of  the 
order  of  revocation.  The  priority  of  right  of  any  permittee  so  bringing 
an  action  shall  continue  under  said  jiermit  until  a  final  judgment  is 
rendered  as  to  the  reasonableness  of  the  revocation  of  said  permit. 
But  until  and  unless  the  revocation  of  the  permit  shall  be  finally  (lecrccd 
by  such  court,  the  permittee  shall  not  take  or  use  any  of  the  water  the 
right  to  take  and  use  which  is  granted  by  said  permit. 

Report  on  completion  of  works.  License  to  take  water,  lifay  refuse 
license. 
§  19.  Immediately  upon  completion,  in  accordance  with  law.  the  rules 
and  regulations  of  the  state  water  commission,  anil  the  terms  of  the  jier- 
mit, of  the  project  under  such  application,  the  holder  of  a  permit  for 
the  right  to  appropriate  water  shall  report  said  completion  to  the  state 
water  commission.  The  said  commission  shall  immediately  thereafter 
cause  to  be  made  a  full  inspection  and  examination  of  the  works  con- 
structed and  shall  determine  whether  the  construction  of  said  works 
is  in  conformity  with  law,  the  terms  of  the  approved  application,  the 
rules  and  regulations  of  the  state  water  commission,  and  the  permit. 
The  said  water  commission  shall,  if  said  determination  is  favorable  to 
the  ap|)licant,  issue  a  license  which  shall  give  the  right  to  the  diversion 
of  such  an  amount  of  water  and  to  the  use  thereof  as  may  be  necessary 
to  fulfill  the  purpose  of  the  approved  ajiplication.  Said  license  shall  be 
in  sucli  form  as  may  be  prescribed  by  the  state  water  commission  under 
tiio  provisions  of  tliis  act.  But  if  the  said  commission  shall  find,  upon 
insjiection  and  examination  of  the  works  constructed,  that  the  construc- 
tion and  condition  of  said  works  are  not  in  conformity  with  the  law, 
tlio  rules  and  regulations  of  the  state  water  commission,  the  terms  of  the 
approved  application  and  the  terms  of  the  permit,  then  and  in  that  case 
tlie  said  commission  may,  after  due  notice  in  writing  and  in  the  man- 
ner provided  in  sections  1011,  1012.  and  101.3  of  the  Cotle  of  fivil  Pro- 
cedure to  the  applicant  or  the  holder  of  the  permit,  and  a  public  hear- 
ing thereon,  refuse  to  issue  said  license.  And  thirty  days  after  the 
refusal  of  said  commission  to  issue  said  license  all  rights  of  the  applicant 
and  the  holder  of  the  permit  under  said  application  and  permit  shall 
lajise  and  cease.  But  the  holder  of  any  permit  to  whom  the  said  water 
commission  may  have  refused  to  issue  said  license,  shall  have  the  right 
to  bring  an  action  within  thirty  days  after  the  said  refusal,  in  the 
superior  court  to  review  said  order  and  to  obtain  a  decree  requiring  t'le 
issuance  of  such  license.  .\iid  the  rigiits-  of  the  holder  of  any  permit  so 
bringing  an  action  shall  continue  under  said  permit  until  the  decree  in 
such  action  has  been  entered  and  become  final.  But  until  the  refusal 
of  the  commission  to  issue  said  license  shall  be  finally  determined  by 
the   courts,  the   permittee   shall   not  take  or   use   any  of  the  water,   the 


1 


2279  WATER  COMMISSIONERS.  Act  4340,  §  20 

taking  and  using  of  which  is  granted  to  him  by  said  permit.  And  if 
the  holder  of  any  permit  which  has  been  revoked  by  the  state  water 
eoiiiniission  sliall  not  bring  an  action  witliin  said  thirty  days  in  the 
siijierior  court  to  determine  the  validity  of  said  revocation,  then  and 
in  that  case  all  rights  of  the  applicant  and  of  the  holder  of  said  per- 
mit shall  lapse  and  cease. 

Terms  and  conditions  of  permits  and  licenses.  Rights  of  cities,  coun- 
ties, etc.  Revoking  license.  Value  of  license. 
§  20.  All  permits  and  licenses  for  the  appropriation  of  water  shall 
be  under  the  terms  and  conditions  of  this  act,  and  shall  be  effective 
for  such  time  as  the  water  actually  appropriated  under  such  permits  and 
licenses  shall  actually  be  used  for  the  useful  and  beneficial  purpose  for 
which  said  water  was  approjiriated,  but  no  longer;  and  every  such  per- 
mit or  license  shall  include  tlie  enumeration  of  conditions  therein  which 
in  substance  shall  include  all  of  the  provisions  of  this  section  and  like- 
wise the  statement  that  any  appropriator  of  water,  to  whom  said  per- 
mit or  license  may  be  issued,  shall  take  the  same  subject  to  such  con- 
ditions as  therein  expressed;  provided,  that  at  any  time  after  the 
expiration  of  twenty  years  after  the  granting  of  a  license,  the  state, 
or  any  city,  city  and  county,  municipal  water  district,  irrigation  dis- 
trict, lighting  district,  or  any  political  subdivision  of  the  state  shall 
have  the  right  to  purchase  the  works  and  property  occupied  and  used 
under  said  license  and  the  works  built  or  constructed  for  the  enjoy- 
ment of  the  rights  granted  under  said  license;  and  in  the  event  that 
the  said  state,  city,  city  and  county,  municipal  water  district,  irrigation 
district,  lighting  district  or  political  subdivision  of  the  state  so  desiring 
to  purchase  and  the  said  owner  of  said  works  and  property  cannot  agree 
upon  said  purchase  price,  said  price  shall  be  determined  in  such  manner 
as  is  now  or  may  hereafter  be  determined  in  eminent  domain  proceed- 
ings. If  it  shall  appear  to  the  state  water  commission  at  any  time 
after  a  permit  or  license  is  issued  as  in  this  act  provided  that  the  per- 
mittee or  licensee,  or  the  heirs,  successors,  or  assigns  of  said  permittee 
or  licensee,  has  not  put  the  water  granted  under  said  permit  or  license 
to  the  useful  or  beneficial  purpose  for  which  the  permit  or  license  was 
granted,  or  that  the  permittee  or  licensee,  or  the  heirs,  successors,  or 
assigns  of  said  permittee  or  licensee,  has  ceased  to  put  said  water  to 
such  useful  or  beneficial  purpose,  or  that  the  permittee  or  licensee,  or 
the  heirs,  successors  or  assigns  of  said  permittee  or  licensee,  has  failed 
to  observe  any  of  the  terms  and  conditions  in  the  permit  or  license  as 
issued,  then  and  in  that  case  the  said  commission,  after  due  notice  to 
the  permittee,  licensee,  or  the  heirs,  successors  or  assigns  of  such  per- 
mittee or  licensee,  and  a  hearing  thereon,  may  revoke  said  permit  or 
license  and  declare  the  water  to  be  unappropriated  and  open  to  fur- 
ther appropriation  in  accordance  with  the  terms  of  this  act.  And  the 
findings  and  declaration  of  said  commission  shall  be  deemed  to  be  prima 
facie  correct  until  modified  or  set  aside  by  a  court  of  competent  juris- 


Act  4340,  §  20 


GENERAL   LAWS. 


2280 


diction;  provided,  that  any  action  brought  so  to  modify  or  set  aside 
8uch  finding  or  declaration  must  be  commenced  within  thirty  days  after 
the  service  of  notice  of  said  revocation  on  said  permittee  or  licensee,  Lis 
heirs,  successors  or  assigns.  And  every  licensee  or  permittee  under  the 
provisions  of  this  act  if  he  accepts  such  permit  or  license  shall  accept 
tlic  same  under  the  conditions  precedent  that  no  value  whatsoever  in 
excess  of  the  ai-tual  amount  paid  to  the  state  therefor  shall  at  any  time 
be  assigned  to  or  claimed  for  any  permit  or  license  granted  or  issued 
under  the  provisions  of  this  act,  or  for  any  rights  granted  or  acquired 
under  the  provisions  of  this  act,  in  respect  to  the  regulation  by  any 
oiuipeteut  jniblic  authority  of  the  services  or  the  price  of  the  services 
to  be  rendered  by  any  permittee  or  licensee,  his  heirs,  successors  or 
assigns  or  by  the  holder  of  any  rights  granted  or  acquired  under  the 
j)rovisi()ns  of  this  act,  or  in  respect  to  any  valuation  for  purposes  of  sale 
to  or  purchase,  whether  through  condemnation  proceeding^  or  otherwise, 
by  the  state  or  any  city,  city  and  county,  municipal  water  district,  irriga- 
tion district,  lighting  district  or  any  ])olitical  subdivision  of  the  state,  of 
the  rights  and  property  of  any  [lermittee  or  licensee,  or  the  possessor  of  any 
rights  granted,  issued,  or  acquired  under  the  provisions  of  this  act.  The 
a[ij)li(ation  for  a  permit  by  municipalities  for  the  use  of  water  for  said 
nuinicipalities  or  the  inhabitants  thereof  for  domestic  purposes  shall  be 
considered  first  in  right,  irrespective  of  whether  they  are  first  in  time; 
provided,  however,  that  such  application  for  a  permit  or  the  granting 
thereafter  of  permission  to  any  municipality  to  appropriate  waters, 
shall  not  authorize  the  appropriation  of  any  water  for  other  than  muni- 
cipal purjinses.  and  providing  further  that  where  permission  to  appro- 
jiriatc  is  granted  by  the  state  water  commission  to  any  municipality 
for  any  quantity  of  water  in  excess  of  tlie  existing  municipal  needs 
therefor,  that  pending  the  api)lication  of  the  entire  appropriation  per- 
mitted, the  state  water  commission  shall  have  the  power  to  issue  permits 
for  the  temporary  appropriation  of  the  excess  of  such  permitted  appro- 
priation over  and  above  the  quantity  being  applied  from  time  to  time 
by  such  municipality;  and  providing  further,  that  in  lieu  of  the  grant- 
ing of  such  temporary  permits  for  approi)riation,  the  sLite  water  com- 
mission jnay  authorize  such  municipality  to  become  as  to  such  surplus  a 
public  utility,  subject  to  the  .iurisdiction  and  control  of  the  railroad 
commission  of  the  state  of  California  for  such  period  or  periods  from 
and  after  the  date  of  the  issuance  of  such  permission  to  appropriate,  as 
may  be  allowed  for  the  application  to  municipal  uses  of  the  entire  ap- 
]iropriation  permitted;  and  provided,  further,  that  when  such  municipal- 
ity shall  desire  to  use  the  additional  water  granted  in  its  said  applica- 
tion it  may  so  do  uj)0n  making  just  couipeiisation  for  the  facilities  for 
taking,  conveying  and  storing  such  additional  water  rendered  valueless 
for  said  purposes,  to  the  jierson,  firm  or  corporation  which  constructed 
said  facilities  for  the  temjtorary  use  of  said  excess  waters,  and  which 
compensation,  if  not  agreed  upon  between  the  municipality  and  said 
person,  firm  or  corporation,  may  be  determined  in   the  manner  provided 


2281  WATER  COMMISSIONERS.       Act  4340,  §§  21-23 

by   law    for   dctermiuiug   the   value   of   property   takeu   by   and    through 
cininont    domain    proceedings. 

Eight  to  acquire  by  eminent  domain  proceedings. 

§  21.  Nothing  herein  contained  shall  be  construed  to  deprive  the 
state  or  any  city,  city  and  county,  municipal  water  district,  irrigation 
district,  lighting  district  or  political  subdivision  of  the  state,  or  any 
person,  company  or  corporation  of  any  rights  which,  under  the  law  of 
this  state  they"  may  have,  to  acquire' property  by  or  through  eminent 
domain   proceedings. 

Right  to  impose  fees. 

§  22.  Licenses  hereafter  granted  for  water  or  use  of  water  shall  he 
subject  to  the  right  of  the  state  to  impose  the  fees  and  charges  pro- 
vided in  this  act. 

Fees.  For  electrical  power.  Annual  fee.  No  charge  for  irrigation, 
etc. 
§  23.  Every  person,  firm,  association,  or  corporation  making  applica- 
tion for  a  permit  to  appropriate  water  or  the  use  of  water  under  this 
act  shall  pay  to  the  state  water  commission,  at  the  time  of  filing  said 
application,  If  the  purpose  or  use  is  for  the  generation  of  electricity,  or 
electrical  or  other  jiower,  a  fee  of  two  dollars  and  fifty  cents  for  each 
theoretical  horse-power  capable  of  being  developed  by  the  works  up  to 
one  hundred  theoretical  horse-power,  with  a  minimum  fee  of  twenty- 
five  dollars,  and  above  said  one  hundred  theoretical  horse-power  the  fee 
shall  be  five  hundred  dollars  up  to  and  including  ten  thousand  theoreti- 
cal horse-power,  and  one  thousand  dollars  above  ten  thousand  theoretical 
horse-power  capable  of  being  so  developed  or  a  fee  of  ten  dollars  if  the 
purpose  be  other  than  for  the  generation  of  electricity,  or  electrical 
or  other  power.  Every  person,  firm,  association  or  corporation  at  the 
time  of  receiving  a  license  to  appropriate  water  or  the  use  of  water,  if 
the  purpose  be  for  the  generation  of  electricity,  or  electrical  or  other 
power,  shall  pay  to  said  commission  when  the  said  license  is  issued, 
and  annually  thereafter,  a  charge  of  twenty-fi^ve  cents  for  each  theoreti- 
cal horse-power  capable  of  being  developed  by  the  proposed  works. 
If  the  purpose  or  use  is  for  other  than  the  generation  of  electricity,  or 
electrical  or  other  power,  every  person,  firm,  association  or  corporation 
receiving  a  license  to  appropriate  water  shall  pay  to  the  said  commis- 
sion when  said  license  is  issued,  and  annually  thereafter,  a  charge  of 
ten  cents  per  miner's  inch  for  each  miner's  inch  specified  in  the  license, 
and  for  the  purpose  of  this  act  forty  miner's  inches  shall  be  equivalent 
to  one  cubic  foot  per  second.  Provided,  however,  that  no  annual  charge 
shall  be  made  when  the  appropriation  is  made  for  use  for  irrigation  pur- 
poses upon  lands  not  exceeding  one  hundred  and  sixty  acres  in  area, 
to  be  actually  occupied  by  such  appropriator  and  cultivated  in  whole 
or  in  part  by  him.  or  when  said  water  is  used  for  mining  purposes,  and 
the  amount  of  water  so  used  for  such  mining  purposes  does  not  exceed 


Ac4  4340,  §§  24-26  general  laws.  2282 

five  hundred  miner's  inches,  or  when  the  water  is  nsed  for  the  genera- 
tion of  power  when  the  same  does  not  exceed  fifty  horse-power  and 
is  for  the  private  use  of  the  appropriator.  And  all  such  fees  and 
charges  shall  forthwith  be  paid  into  the  state  treasury  by  the  state 
water  commission,  and  the  fee  ard  annual  charges  provided  in  this 
section  shall  be  subject  to  change  by  law  at  not  less  than  ten  years  inter- 
vals, beginning  with  the  date  of  the  license  issued  by  the  state  water 
commission. 

Ascertainment  of  rights  of  conflicting  claims.  Courts  may  transfer  cases 
to  commission. 
§  24.  Upon  its  own  initiative  or  upon  petition  signed  by  one  or 
more  claimants  to  water  or  the  use  of  water  upon  any  stream,  stream 
system,  lake,  or  other  body  of  water,  requesting  the  ascertainment  of 
the  relative  rights  of  the  various  claimants  to  the  water  or  the  use  of 
water  of  that  stream,  stream  system,  lake  or  other  body  of  water,  it 
shall  be  the  duty  of  the  state  water  commission,  if,  upon  investigation, 
it  finds  tiic  facts  and  conditions  are  such  as  to  justify,  to  make  an 
asccrtainnu'iit  of  the  said  rights,  fixing  a  time  for  the  beginning  of  the 
taking  of  testimony  and  the  making  of  such  investigation  as  will 
enable  it  to  ascertain  the  rights  of  the  various  claimants.  In  case  suit 
is  brought  in  the  superior  court  for  determination  of  rights  to  water 
or  the  use  of  water,  the  case  may,  in  the  discretion  of  the  court,  be 
transferred  to  the  state  water  commission  for  investigation,  as  referee. 
In  any  case  wherein  the  water  commission  shall  proceed  to  investigate 
or  ascertain  water  rights  the  said  commission  shall  notify  in  writing 
in  the  manner  provided  in  sections  1011,  1012,  and  1013  of  the  Code  of 
I'ivil  Procedure  all  jiersons,  firms,  associations  or  corporations  claiming 
or  possessing  any  water  rights  which  are  to  be  the  subject  of  ascertain- 
ment by  the  said  commission. 

Notice  that  testimony  is  open  to  public  inspection. 

§  25.  rpoii  tlie  comjiK'tion  of  the  taking  of  testimony  and  evidence 
by  the  state  water  commission,  tlie  said  commission  shall  immediately 
give  notice  by  registered  mail  to  the  various  claimants  or  possessors 
of  water  rights  that,  at  a  date  and  place  named  in  the  said  notices, 
which  date  shall  not  be  less  than  fifteen  days  nor  more  than  thirty 
days  later  than  the  date  of  said  notice,  all  of  said  testimony  and  evi- 
dence will  be  open  to  public  inspection.  And  said  testimony  and  evi- 
dence shall  be  held  open  to  public  inspection  at  said  places  for  a  specified 
period  of  not  less  than  thirty  days  nor  more  than  ninety  days,  and 
thereafter  the  said  commission  shall  cause  its  findings  and  ascertain- 
ment of  tiie  rights  of  the  respective  claimants  to  said  water  to  be  made 
and  filetl  in  the  superior  court  in  each  of  the  counties  where  said  water 
is  api>ropriated. 

Contests  of  right  to  water. 

§  26.  If  any  person,  firm,  association  or  corporation  claiming  or 
possessing  any  interest  in  or  right  to  the  waters  of  any  stream,  stream 


2283  WATER  COMMISSIONERS.      Act  4340,  §§  27-29 

system,  lake  or  other  body  of  water  involved  in  any  investigation  or 
ascertaininunt  by  the  state  water  commission  of  the  rights  to  the  water 
of  said  stream,  stream  system,  lake  or  other  body  of  water,  desires  to 
contest  any  of  the  interests  in  or  rights  to  any  of  the  said  waters  of 
any  other  person,  firm,  association  or  corporation  such  person,  firm,  asso- 
ciation or  corporation  desiring  so  to  contest  shall  within  ten  days  after 
the  expiration  of  the  period  for  public  inspection  prescribed  in  section 
25  of  this  act,  notify,  in  writing,  the  state  water  commission  of  said 
desire  so  to  contest.  Said  notice  shall  state  the  ground  of  contest, 
which  shall  be  verified  by  the  oath  of  the  contestant,  his  agent  or  attor- 
ney. Within  ten  days  of  the  receipt  of  the  notice  of  contest  the  state 
water  commission  shall  notify  the  contestant  and  the  person,  firm,  asso- 
ciation or  corporation  whose  rights  are  contested  to  appear  before  it  at 
a  time  and  place  specified  in  said  notice,  and  that  at  said  time  and  place 
said  contest  will  be  heard;  provided,  that  said  time  shall  not  be  less 
than  thirty  days  nor  more  than  sixty  days  from  the  date  of  the  service 
of  the  notice  of  the  commission;  provided,  further,  that  if  any  person, 
firm,  association  or  corporation  desires  to  contest  an}'  such  ascertain- 
ment by  the  state  water  commission  as  hereinbefore  provided,  such 
contest  maj'  be  brought  as  provided  in  sections  31  and  32  hereof. 

Service  of  notice. 

§  27.  Said  notice  by  said  water  commission  shall  be  served  and 
return  made  thereon  in  the  same  manner  in  which  summons  and  return 
thereon  are  made  in  civil  actions  in  the  superior  courts  of  this  state. 
The  water  commission  shall  have  power  to  adjourn  hearings  of  contest 
from  time  to  time  upon  reasonable  notice  to  all  parties  in  interest,  and 
to  issue  subpoenas  for  and  compel  the  attendance  of  witnesses  to  tes- 
tify before  it  and  produce  papers,  books,  maps  and  other  documents. 

Deposit. 

§  28.  The  state  water  commission  shall  require  from  the  party  bring- 
ing the  contest  before  it  under  section  26  of  this  act  a  deposit  of  five 
dollars  for  each  day  it  shall  be  engaged  in  taking  testimony  in  such 
contest.  Upon  the  final  ascertainment  bj'  the  state  water  commission 
in  any  contest,  the  said  commission  shall  enter  an  order  directing  the 
return  of  the  deposit  to  the  depositor  if  the  contest  shall  be  determined 
in  his  favor,  but,  if  the  contest  shall  be  determined  against  the  per- 
son bringing  it,  the  said  deposit  shall  be  immediately  paid  into  the 
state  treasury. 

Testimony  and  evidence  filed. 

§  29.  Xot  less  than  fifteen  days  nor  more  than  thirty  days  after  the 
expiration  of  the  period  during  which  the  testimony  and  evidence  is 
to  be  kept  open  for  public  inspection,  or  if  anj'  contest  shall  be  made, 
not  less  than  fifteen  days  nor  more  than  thirty  days  after  the  settle- 
ment of  said  contest  by  the  water  commission,  the  testimony  and  evi- 
dence in  the  original  hearing  and  the  testimony  and  evidence  taken  in 
said  contest  shall  be  filed  in  the  office  of  the  water  commission. 


Act  4340,  §§30-32 


GENERAL   LAWS. 


2284 


Examination  of  stream,  etc. 

§  30.  The  water  commission  may,  in  its  discretion  and  in  addition 
to  the  testimony  and  evidence  submitted  to  it  by  the  parties  claimant  to 
or  possessors  of  water  rights  on  any  stream,  stream  system,  lake  or 
other  body  of  water  cause  to  be  made  an  examination  of  said  stream, 
stream  system,  lake  or  other  bod}'  of  water  and  the  works  diverting 
or  utilizing  water  therefrom.  Said  examination  may  include  the 
gathering  of  whatever  data  covering  said  stream,  stream  system,  lake 
or  other  body  of  water  and  the  various  ditehes  and  canals  taking  water 
therefrom  as  the  said  commission  may  require,  as  well  as  such  other 
data  and  information  as  may,  in  the  discretion  of  the  said  commission, 
be  necessary  to  enable  it  properly  to  ascertain  the  relative  rights  of  the 
[lartics  claiming  rights  to  use  the  waters  of  said  stream,  stream  system, 
lake,  or  other  body  of  water.  The  results  of  said  examination  shall  be 
filed  in  tlie  office  of  said  commission  and  be  open  to  public  inspection 
as  provided  in  this  act  for  the  filing  and  public  inspection  of  other 
evidence  of  a  like  nature. 

Findings. 

§  31.  As  soon  as  practicable  after  the  hearing  of  testimony  and  evi- 
dence, _the  hearing  of  contest,  and  the  gathering  and  filing  of  such 
data  and  information  as  the  water  commission  shall,  of  its  own  motion, 
direct  to  be  gathered,  the  said  water  commission  shall  record  in  its 
oHice  its  ascertainment  of  and  specific  findings  upon  the  rights  of  the 
several  claimants  to  the  use  of  the  waters  of  any  stream,  stream  sys- 
tem, lake  or  other  body  of  water.  Immediately  thereafter,  the  said 
water  commission  sliall  file  a  certified  cojiy  of  said  ascertainment  and 
spciific  findings  together  with  the  original  evidence  and  testimony  taken 
before  it  and  all  data  and  information  gathered  by  its  order  with  the 
clerk  of  the  superior  court  in  and  for  the  county  in  which  such  stream, 
stream  system,  lake  or  other  body  of  water  or  any  part  thereof  is 
situated. 

Findings,  evidence  of  facts.     Action  in  superior  court. 

§  32.  After  the  filing  with  the  clerk  of  the  superior  court  of  the 
evidence,  data,  information,  specific  findings  and  ascertainment  as  re- 
quired by  section  31  of  this  act,  the  same  shall  be  received  in  the 
Bujierior  court  as  prima  facie  evidence  of  the  facts,  specific  findings  anil 
ascertainment  therein  set  forth.  And  at  any  time  within  one  year  after 
such  filing  an  action  may  be  brought,  upon  the  direction  of  the  state 
water  commission,  by  the  attorney  general  in  said  superior  court  in 
which  said  evidence,  data,  information,  specific  findings  and  ascertain- 
ment shall  have  been  so  filed.  Or  an  action  may  be  brought  in  said 
court  by  any  one  or  more  of  the  possessors  or  claimants  concerning 
whose  rights  to  any  of  the  waters  of  the  stream,  stream  system,  lake 
or  otiier  bodv  of  water  the  state  water  commission  shall  have  made 
(),,.  V    ,    ;;,    |;)i,i;i.    -;  and   ascertainment  filed  in  said  court.     Said   action 


2285  WATER  COMMISSIONERS.       Act  43-iO,  §§  33.  34 

if  brought  by  the  attorney  general  shall  be  brought  in  the  name  and 
behalf  of  the  people  of  the  state  of  California  to  quiet  the  title  of  the 
state  of  California  or  the  people  thereof  to  any  and  all  water  or  water 
rights  which  it  may  have  in  or  on  said  stream,  stream  system,  lake 
or  other  body  of  water,  and,  to  cause  all  parties  whose  rights  have  been 
so  ascertained  to  appear  and  inter|)lead  in  said  action  in  defense  and 
determination  of  each  and  all  of  their  respective  riglits,  which  rights, 
as  against  the  state  and  with  regard  to  the  different  rights  and  priori- 
ties of  said  rights  among  themselves,  shall  be  determined  by  the  court 
in  said  action.  And  if  an  action  be  brought  by  any  one  or  more  of 
said  claimants  or  possessors,  said  action  may  be  brought  in  the  name  of 
the  said  possessor  or  claimant  and  to  cause  all  parties,  whose  rights 
have  been  ascertained,  to  appear  and  interplead  in  said  action  in  defense 
and  determination  of  each  and  all  of  their  respective  rights,  which 
rights,  as  against  the  state  or  the  people  thereof,  and  with  regard  to 
tlie  different  rights  and  priorities  of  said  rights  among  themselves  shall 
be  deterinined  by  the  court  in  said  action.  And  from  and  after  the 
filing  of  the  complaint  in  such  action,  the  proceedings  therein  shall  be 
as  in  other  cases  heard  and  determined  in  said  court,  and  in  accord- 
ance with  the  provisions  of  the  Code  of  Civil  Procedure  of  this  state; 
provided,  that  the  evidence,  data,  information,  specific  findings,  and 
ascertainments  so  filed  with  the  superior  court  as  provided  in  section 
31  of  this  act  must  be  considered  by  said  court  in  its  determination  of 
both  or  either  of  said  actions,  and  the  court  may  affirm,  modify  or  reject 
such  specific  findings  and  ascertainment  and  may  make  other  or  different 
findings  as  in  its  judgment   the  evidence  justifies. 

Lawful  appropriations  respected. 

§  33.  All  existing  lawful  appropriations  of  water  or  the  use  thereof, 
shall  be  and  hereby  are  respected  and  upheld  to  extent  of  the  amount 
of  water  appropriated  and  actually  put  or  in  process  of  being  put,  from 
the  initial  date  of  the  act  of  appropriation,  with  due  diligence  in  pro- 
portion to  the  magnitude  of  the  work  necessary  properly  to  utilize  the 
water  for  the  useful  or  beneficial  purpose  for  which  it  was  appropriated, 
or  for  which  it  is  being  used. 

Duty  of  claimants  to  appear. 

§  34.  Whenever  proceedings  shall  be  instituted  for  the  ascertainment 
by  the  state  water  commission  of  rights  to  water  or  the  use  of  water, 
it  shall  be  the  duty  of  all  claimants  interested  therein  and  having 
notice  thereof  as  in  this  act  provided  to  appear  and  submit  proof  of 
their  respective  claims  at  the  time  and  in  the  manner  required  by  law; 
and  any  such  claimant  who  shall  fail  to  appear  in  such  proceedings  and 
submit  proof  of  his  claim  shall  be  barred  and  estopped  from  subse- 
quently asserting  any  rights  theretofore  acquired  upon  the  stream,  stream 
system,  lake  or  other  body  of  water,  or  portion  of  such  stream,  stream 
system,  lake  or  other  body  of  water,  embraced  in  such  proceedings,  and 
shall  be  held  to  have  forfeited  all  rights  to  said  water  or  the  use  of 


Act  4340,  §§  35-37  general  laws.  2286 

water  theretofore  claimed  by  him  on  such  stream,  stream  svstem.  late 
or  other  body  of  water,  unless  entitled  to  relief  under  the  laws  of  this 
state;  provided,  that  such  jtroceedings  shall  result  in  an  ascertainment 
by  the  state  water  commission  and  a  decree  by  the  superior  court  based 
ujion  such  ascertainment  and  specific  findings  or  a  modification  of  said 
ascertainment  or  specific  findings. 

Parties  to  suits.     Hydrographic  survey. 

§  35.  In  any  suit  wherein  the  state  is  or  the  people  of  the  state  are 
a  party  for  the  determination  of  a  right  to  the  use  of  the  water  of  any 
stream,  stream  system,  lake  or  other  body  of  water,  or  of  any  portion 
of  any  stream,  stream  system,  lake  or  other  body  of  water,  all  who  claim 
the  right  to  use  such  water  shall  be  made  parties.  When  any  such  suit 
has  been  filed  the  court  may  call  upon  the  state  water  commission  to 
make  or  furnish  a  comjdete  hydrograi)hic  survey  of  such  stream,  stream 
.system,  lake  or  otlier  body  of  water,  in  order  to  obtain  all  the  data 
necessary  to  the  determination  of  the  rights  involved.  The  disburse- 
ments made  in  litigating  the  rights  involved  in  such  suit  may  be  taxed 
by  the  court  as  in  other  equity  suits,  exclusive  of  the  cost  of  such 
hydrographic  survey. 

Copy  of  decree  filed  with  commission. 

§  36.  Ujion  the  adjudication  of  the  rights  to  the  use  of  the  water  of 
a  stream,  or  stream  system,  lake  or  other  body  of  water,  or  any  portion 
of  a  stream,  stream  system,  lake  or  other  body  of  water,  a  certified 
cojiy  of  the  decree  shall  be  prepared  by  the  clerk  of  the  court,  without 
charge,  and  fileil  in  the  o(!ice  of  the  state  water  commission,  and  said 
commission  sliall  deliver  to  every  party  in  such  decree  a  certified  copy 
thereof  upon  demand  and  the  payment  of  the  fees  provided  in  this  act. 
And  the  said  commission  shall  file,  for  record,  in  the  office  of  the  re- 
corder of  each  county  in  which  any  portion  of  said  stream,  stream 
system,  lake  or  other  body  of  water  is  situated,  a  certified  copy  of  said 
decree.  Said  decree  sliall  in  every  case  declare  as  to  the  water  right 
adjudged  to  each  party,  whether  riparian  or  by  appropriations,  the  extent, 
the  jiriority,  amount,  juirpose  of  use.  point  of  diversion,  and  place  of 
use  of  said  water;  and,  as  to  water  used  for  irrigation,  such  decree  shall 
also  declare  the  specific  tracts  of  land  to  which  it  shall  be  appurtenant, 
together  with  such  other  conditions  as  may  be  necessary  to  define  tiie 
right  and  its  priority.  But  the  failure  of  any  party  entitled  thereto, 
to  demand  or  receive  a  copy  of  said  decree  shall  not  be  considered  to 
have  prejudiced  him  or  his  rights  in  any  way. 

Power  to  supervise  distribution  of  water. 

§  37.  The  power  to  supervise  the  distribution  of  water  in  accord- 
ance with  the  priorities  established  under  this  act,  when  such  super- 
vision does  not  contravene  the  authority  vested  in  the  judiciary  of  the 
state,  is  hereby  vested  in  the  state  water  commission. 


2287  WATER  COMMISSIONERS,      Act  4340,  §§  38-41 

Unauthorized  diversion,  trespass. 

§  38.  The  diversion  or  use  of  water  subject  to  the  provisions  of  this 
act  other  than  as  it  is  in  this  act  authorized  is  hereby  declared  to  be 
a  tresjiass,  and  the  state  watjer  commission  is  iiereby  authorized  to  in- 
stitute in  tiie  superior  court  in  and  for  any  county  wherein  such  diver- 
sion or  use  is  attempted  appropriate  action  to  have  such  trespass 
enjoined. 

Water  appropriated  for  specific  purpose. 

§  39.  Water  or  the  use  of  water  which  has  heretofore  been  appro- 
priated or  acquired,  or  which  shall  hereafter  be  appropriated  or  ac- 
quired for  one  specific  purpose  shall  not  be  deemed  to  be  appropriated 
or  acquired  for  any  other  or  difl'erent  purp<ise.  And  any  person,  firm, 
association  or  corporation  applying  to  the  state  water  commission  for 
a  license  to  appropriate  water  or  the  use  of  water  shall  state  in  the 
application  for  said  license  the  specific  purpose  to  which  it  is  proposed 
to  put  such  water  or  the  use  thereof.  Water  heretofore  or  hereafter 
appropriated  for  other  than  domestic  use,  may  be  applied  to  domestic 
use,  in  whole  or  in  part,  without  a  separate  and  distiuct  appropriation 
being  made  therefor.  And  water  appropriated  for  one  purpose  under 
the  provisions  of  this  act  may  be  subsequently  appropriated  for  other 
purposes  under  the  provisions  of  this  act;  provided,  that  such  subsequent 
appropriation  shall  not  injure  any  previous  appropriation. 

Reservoir  investigation. 

§  40.  The  state  water  commission  is  also  authorized  and  empowered 
to  investigate  any  natural  situation  available  for  reservoirs  or  reservoir 
systems  for  gathering  and  distributing  flood  or  other  waters  not  under 
beneficial  use  in  any  stream,  stream  system  or  lake  or  other  body  of 
water,  and  to  ascertain  the  feasibility  of  such  projects,  including  the 
supply  of  water  that  may  thereby  be  made  available,  the  extent  and 
character  of  the  areas  that  may  be  thereby  irrigated,  and  make  estimate 
of  the  cost  of  such  project. 

Eights  of  cities,  etc.,  not  limited, 

§  41.  Nothing  in  this  act  shall  be  construed  as  depriving  any  city, 
city  and  county,  municipal  water  district,  irrigation  district  or  lighting 
district  of  the  benefit  of  any  law  heretofore  or  hereafter  passed  for  their 
bapefit  in  regard  to  the  appropriation  or  acquisition  of  water  or  the  use 
oTwater;  and  nothing  in  this  act  shall  affect  or  limit  in  any  manner 
whatsoever  the  right  or  power  of  any  municipality  which  has  heretofore 
appropriated  or  acquired  water  or  the  use  of  water  for  municipal  pur- 
poses, to  use  or  to  sell  or  otherwise  dispose  of  such  water  or  the  use 
thereof,  either  within  or  without  its  limits  for  domestic,  irrigation  or 
other  purposes,  in  accordance  with  laws  in  effect  at  the  time  of  the 
passage  of  this  act. 


Acts  4347-4348a 


GENERAL  LAWS. 


2288 


"Water."     "Useful  or  beneficial  purposes." 

§  42.  The  word  "water"  in  this  act  shall  be  construed  as  embracing 
the  term  "or  use  of  water";  anrl  the  term  "or  use  of  water"  in  this  act 
shall  be  construed  as  embracing  the  word  "water."  Whenever  the  terms 
stream,  stream  system,  lake  or  other  body  of  water  or  water  occurs  in 
this  act,  such  term  shall  be  interpreted  to  refer  only  to  surface  water, 
and  to  subterranean  streams  flowing  through  known  and  definite  chan- 
nels. But  nothing  in  this  act  shall  be  construed  as  giving  or  confirm- 
ing any  right,  or  title,  or  interest  to  or  in  the  corpus  of  any  water; 
provided,  that  the  term  "useful  or  beneficial  purposes"  as  used  in  this 
act  shall  not  be  construed  to  mean  the  use  in  any  one  year  of  more  than 
two  and  one-half  acre  feet  of  water  per  acre  in  the  irrigation  of  unculti- 
vated areas  of  land  not  devoted  to  cultivated  crops. 

Right  of  appeal. 

§  43.  Nothing  in  this  act  shall  be  construed  as  depriving  any  per- 
son, firm,  association  or  corporation  of  the  right  of  appeal  conferred 
under  the  laws  of  this  state. 

§  44.  All  acts  or  parts  of  acts  in  conflict  herewith  are  hereby  re- 
pealed. 

Title  of  act, 

§  45.     This  act  shall  be  known  as  the  "water  commission  act." 

Constitutionality  of  act. 

§  46.  If  any  section,  subsection,  sentence,  clause  or  phrase  of  this 
act  is  for  any  reason  held  to  be  unconstitutional,  such  decision  shall 
not  affect  the  validity  of  the  remaining  portions  of  this  act.  The  legis- 
l.'iture  hereby  declares  that  it  would  have  passed  this  act,  and  each  sec- 
tion, subsection,  sentence,  clause  and  phrase  thereof,  irrespective  of  the 
fact  that  any  one  or  more  other  sections,  subsections^  sentences,  clauses 
or  phrases  be  declared  unconstitutional. 


TITLE  556. 

WATER  COMPANIES. 
ACT  4347. 

Citation!.      Cal.   155/23,    26,    27,    23;    157/93,    50C,    507,    513.      App.    8/169, 
170,   173,   174. 

ACT  4348.  • 

CiUtlons.      Cal.   159/312.   345.  > 

ACT  4348a. 

An  act  providing  for  the  regulation  of  water  companies,  defining  their 
powers  and  duties,  defining  the  powers  and  duties  of  the  railroad 
commission  with  reference  thereto,  and  defining  the  conditions  under 
which   such   water   companies   become   subjei:t   to   the   provisions   of 


2289  WATER  COMPANIES.  Act  4348a,  §§  1-5 

the  public  utilities  act  and  the  railroad  coniniission  of  the  state  of 
California. 

[Approved  April  25,  1913.     Stats.  1913,  p.  84.] 

Water  company,  public  utility. 

§  1.  Whenever  any  person,  tirm  or  -private  corporation,  their  lessees, 
trustees,  receivers  or  trustees  appointed  by  any  court  whatsoever,  own- 
ing, controlling,  operating  or  managing  any  water  system  within  this 
state,  sells,  leases,  rents  or  delivers  water  to  any  person,  firm,  private 
corporation,  municipality  or  any  other  political  subdivision  of  the  state 
whatsoever,  except  as  limited  by  section  2  hereof,  whether  under  con- 
tract or  otherwise,  such  person,  firm  or  private  corporation  is  a  public 
utility,  and  subject  to  the  provisions  of  the  public  utilities  act  of  this 
state  and  the  jurisdiction,  control  and  regulation  of  the  railroad  commis- 
sion of  the  state  of  California. 

Private  company  not  public  utility. 

§  2.  Whenever  any  private  corporation  or  association  is  organized  for 
the  purpose  solely  of  delivering  water  to  its  stockholders  or  members 
at  cost,  and  delivers  water  to  no  one  except  its  stockholders  or  members 
at  cost,  such  private  corporation  or  association  is  not  a  public  utility, 
and  is  not  subject  to  the  jurisdiction,  control  or  regulation  of  the  rail- 
road  commission   of  the   state   of   California. 

When  private  company  becomes  public  utility. 

§  3.  Whenever  any  private  corporation  or  association  organized  for 
the  purpose  of  delivering  water  solely  to  its  stockholders  or  members 
at  cost  does  deliver  water  to  others  than  its  stockholders  or  members 
for  compensation,  such  private  corporation  or  association  becomes  a 
public  utility  and  subject  to  the  terms  of  the  public  utilities  act  and  the 
jurisdiction,  control  and  regulation  of  the  railroad  commission  of  the 
state  of  California. 

Private  company,  public  utility. 

§  4.  Whenever  any  private  corporation  or  association  is  organized 
both  for  the  purpose  of  delivering  water  to  its  stockholders  or  members 
at  cost  and  to  persons,  firms,  corporations,  municipalities  or  other  polit- 
ical subdivisions  of  the  state  in  addition  thereto,  such  private  corpora- 
tion or  association  is  a  public  utility  and  subject  to  the  provisions  of 
the  public  utilities  act  and  to  the  jurisdiction,  control  and  regulation 
of  the  railroad  commission  of  the  state  of  California. 

Limitation  on  service  of  water  company. 

§  5.     Whenever   the    railroad   commission,    after   a   hearing   had   upon 

its  own  motion   or  upon  complaint,   shall  find  that  any  water   company 

which   is   a  public   utility   operating  within   this   state   has   reached   the 

limit  of  its  capacity  to  supply  water  and  that  no  further  consumers  of 

144 


Act  4348a,  §§  6, 7  general  laws.  2290 

water  can  be  supplied  from  the  system  of  such  utility  without  injuriously 
withdrawing  the  supply  wholly  or  in  part  from  those  who  have  thereto- 
fore been  supplied  by  such  corporation,  the  railroad  commission  may 
order  and  require  that  no  such  corporation  shall  furnish  water  to  any 
new  or  additional  consumers  until  such  order  is  vacated  or  modified  by 
the  said  commission.  The  commission  shall  likewise  have  the  power  afttr 
hearing  upon  its  own  motion  or  u[ion  complaint,  to  require  any  such 
water  company  to  allow  additional  consumers  to  be  served  when  it  shall 
ap[)oar  that  to  supply  such  additional  consumers  will  not  injuriously 
withdraw  the  supply  wholly  or  in  part  from  those  who  theretofore  had 
been  supi)lied  by  such  public  utility. 

Report  to  railroad  commission. 

§  6.  The  railroad  commission  shall  have  the  power  to  require  any 
and  all  water  corporations  to  file  with  the  commission  a  statement  in 
writing  defining  arid  describing  the  lands  and  territory  to  be  supplied 
by  such  corporation  with  water,  and  when  such  territory  is  described 
and  defined  in  the  articles  of  incorjioration  of  any  such  corporation 
or  in  the  places  of  designated  use  in  the  notices  of  appropriation  under 
which  the  rights  of  such  corporation  to  appropriated  water  are  initiated 
in  accordance  with  section  1415  of  the  Civil  Code,  and  it  shall  appear 
either  from  said  statement  filed  by  such  water  corporation  or  from  said 
articles  of  incorporation  or  said  notices  of  appropriation  that  such  water 
corj)oration  has  undertaken  to  su|iply  more  consumers  or  a  greater  num- 
ber of  acres  than  it  can  adequately  sujtply,  the  commission  may  require 
such  corporation  to  limit  the  number  of  consumers  or  acres  of  land  which 
it  has  undertaken  to  supply  or  which  is  set  out  in  its  articles  of  incor- 
poration or  notices  of  ai)propriation  to  such  a  limited  number  of  con 
sumers  or  acres  of  land  as  the  commission  shall  find,  after  hearing,  such 
water  corporation  may  a<Icquately  supidy.  This  provision  does  not  ap- 
ply to  territory  or  consumers  whidi  have  once  been  served  by  said 
corporation,  and  as  between  consumers  who  have  been  voluntarily  ail- 
niitted  to  participate  by  the  corporation  in  its  supply  of  water  or  been 
required  to  be  supplied  by  an  order  of  the  railroad  commission,  in  times 
of  shortage  there  shall  be  no  priority  or  preference,  and  such  corporation 
in  times  of  shortage  shall  be  required  to  apportion  such  supply  ratably 
among  its   consumers. 

Language  construed. 

§  7.  The  language  in  section  1  of  this  act  "whether  under  contract 
or  otherwise"  shall  not  be  construed  as  authorizing  a  contract  by  a  per- 
son or  cor])oration  defined  herein  as  a  public  utility  which  shall  in 
anywise  deprive  the  state  or  the  railroad  commission  or  other  compe- 
tent authority  of  power  to  regulate  the  rates  and  service  of  any  such 
public  utility. 


2291  WATER  COMPANIES.  Act  4348b,  §§1,2 

ACT  4348b. 

An  act  to  prevent  the  supply  of  water  dangerous  to  health  for  domestic 
j)urposes  and  to  provide  for  the  installation  of  sanitary  water 
systems. 

[Approved  June  13,  1913.     Stats.  1913,  p.  793.] 

Unlawful  for  public  utility  to  supply  polluted  water. 

§  1.  It  shall  be  unlawful  for  any  person,  firm,  corporation,  public 
utility,  municipality  or  other  public  body,  institution,  or  corporation  to 
furnish  or  supply  or  to  continue  to  furnish  or  supply  for  domestic  uses 
or  purposes  water  which  is  polluted  or  dangerous  to  health,  to  any  person 
in  any  county,  city  and  county,  municipal  corporation,  village,  district, 
community,  hotel,  temporary  or  permanent  resort,  institution  or  industrial 
camp. 

Petition  to  board  of  health  for  permission  to  supply  water.  Permits. 
Hearing.  Expenses. 
§  2.  Whenever  any  person,  firm,  cor[)oration,  public  utility,  munici- 
pality or  other  public  body,  institution,  or  corporation  shall  desire  to 
furnish  or  supply  or  continue  to  furnish  or  supply  water  for  domestic 
uses  or  purposes  to  any  person  in  any  county,  city  and  county,  municipal 
corporation,  village,  district,  community,  hotel,  temporary  or  permanent 
resort,  institution  or  industrial  camp,  it  or  he  shall  file  as  herein  pro- 
vided with  the  state  board  of  health  a  petition  for  permission  so  to  do, 
together  with  a  statement  containing  a  general  description  and  history 
of  the  existing  or  proposed  water  supph'  system  or  distribution  showing 
the  geographical  location  thereof  with  relation  to  the  source  of  the 
water  supply  and  all  the  sanitary  and  health  conditions  surrounding  and 
afifecting  said  supply  and  the  works,  system,  plant  and  distributing 
system,  such  general  statement  to  be  in  such  form  and  to  cover  such 
matters  as  the  state  board  shall  prescribe.  Thereupon  a  thorough  inves- 
tigation of  the  proposed  or  existing  works,  system,  plant,  water  supply 
and  all  other  circumstances  and  conditions  by  it  deemed  to  be  material 
may  be  made  under  the  direction  of  the  state  board  of  health;  provided, 
that  if  such  investigation  is  decided  upon  and  for  anj'  reason  the  board 
cannot  immediately  proceed  with  such  investigation,  a  temporary  permit 
shall  be  issued  to  the  petitioner  which  shall  continue  in  force  until  the 
final  action  is  taken  by  the  board  upon  the  completion  of  the  investiga- 
tion herein  specified;  and  provided,  further,  that  no  person,  firm  or  cor- 
poration supplying  water  for  domestic  purposes  or  use  on  his  or  its 
private  property  upon  which  there  is  no  industrial  camp,  hotel,  temporary 
or  permanent  resort  using  said  water,  or  supplying  less  than  two  hundred 
service  connections,  shall  be  required  to  apply  for  a  permit  under  the 
provisions  of  this  section,  except  upon  formal  complaint  filed  with  the 
state  board  of  health  by  a  person  receiving  such  water  or  by  some  duly 
authorized  public  officer. 


Act  4348b,  §  2 


GENERAL   LAWS. 


2292 


As  a  part  of  such  investigatioo,  and  after  ten  days'  notice  by  mail 
to  the  petitioner,  a  hearing  or  hearings  ma}'  be  had  before  said  board 
or  an  examiner  appointed  by  it  for  the  purpose.  At  such  hearing  or 
hearings  witnesses  who  testify  shall  be  sworn  by  the  person  conducting' 
the  hearing,  and  evidence,  oral  and  documentary,  may  be  received,  a 
record  of  which  shall  he  made  and  filed  with  said  board.  All  of  the 
expenses  of  such  investigation,  including  hearings,  excepting  the  com- 
])ensation  of  state  officers  participating  therein,  shall  be  borne,  and  paid 
as  they  accrue,  by  the  petitioner.  Upon  the  completion  of  such  investiga- 
tion, said  board: 

Petition  denied  when  water  Is  menace  to  health.     Temporary  permit  to 
continue  supply. 

(a)  If  it  shall  determine,  as  a  fact,  that  the  water  being  furnished 
or  to  l)e  furnished  or  sup]>lied  is  such  that  under  all  the  circumstances 
and  conditions  it  is  or  may  constitute  a  menace  or  danger  to  the  health 
or  lives  of  human  beings,  or  that  under  all  the  circumstances  and  con- 
ditions the  existing  or  proposed  works,  system,  plant  or  water  supply 
is  unhealthful  or  unsanitary,  it  shall  deny  the  prayer  of  such  petition; 
jtrovided,  however,  that  in  case  such  petition  shall  be  for  permission 
to  continue  to  furnish  or  sup^Jy  water  from  a  water  system  permanently 
constructed,  established  and  oi>orating  prior  to  the  passage  of  this  act, 
said  board  may  grant  the  petitioner  a  temporary  and  revocable  permit, 
authorizing  the  continuance  of  the  water  supply,  under  such  restrictions 
and  conditions  as  in  said  permit  may  be  sjiecified,  to  enable  the  peti- 
tioner to  appoint  an  expert  or  commission  to  investigate  and  report 
on  the  best  method  of  water  supply,  and  to  construct  and  put  into 
operation  a  new  or  altered  system,  plant,  water  supjdy  or  distributing 
system,  or  to  so  alter,  add  to,  repair,  or  modify  the  operation  of  the 
existing  water  supply,  plant,  works  or  system  that  the  water  furnished 
or  su])plied  shall  not  endanger  the  lives  or  health  of  human  beings. 

Petition  granted  when  water  is  pure.     Permits  revocable.     Making  ex- 
aminations.    Enjoining  supplying  impure  water.     Penalty. 

(b)  If  it  shall  determine,  as  a  fact,  that  the  water  being  furnished 
or  supplied  to  such  human  beings  is  such,  that  under  all  the  circum- 
stances and  conditions,  it  does  not  endanger  the  lives  or  health  of 
human  beings  and  that  under  all  the  circumstances  and  conditions  the 
water  being  supplied  is  the  purest  and  most  healthful  obtainable  or 
securable  under  all  the  circumstances  and  conditions,  it  shall  grant  to 
]ietitioner  a  permit  authorizing  petitioner  to  furnish  or  continue  to 
furnish  or  supply  such  water  to  such  human  beings;  provided,  however, 
that  all  jtermits  issued  hereunder  shall  be  revocable  or  subject  to  sus- 
pension by  said  board  at  any  time  that  it  shall  determine,  as  a  fact, 
that  the  water  being  supplied  or  furnished  or  intended  to  be  supplied 
or  furnished  does  or  will  endanger  the  lives  or  health  of  human  beings. 
The  state  board  of  health  and  its  inspectors  shall  at  :»ny  and  all  rea- 
sonable times  have  full  power  and  authority  to,  and  shall  be  permitted 


2293  WATER  DISTRICTS.  Act  4349,  §  1 

to,  enter  into  and  upon  any  and  all  places,  property,  inclosures  and 
structures  for  the  purpose  of  making  and  therein  or  thereon  to  make 
examinations  and  investigations  to  determine  whether  any  provision  of 
this  act  is  being  violated.  The  holder  of  any  permit  granted  by  said 
board  under  the  provisions  of  this  act  may  at  any  time  by  order  of 
said  board  be  re(|uired  to  furnish  to  said  board,  u[)on  demand,  a  com- 
plete re[)ort  uj)on  the  condition  and  operation  of  the  water  supply,  plant, 
works  or  system  owned,  operated  or  controlled  by  it,  which  report  shall 
be  made  by  some  competent  person  designated  for  the  purpose  by  said 
board,  and  at  the  sole  cost  and  expense  of  the  holder  of  the  permit. 
Any  person,  firm,  corporation,  public  utility,  municipality  or  other  public 
body,  institution  or  corporatioii  who  shall  furnish  or  supply  or  continue 
to  furnish  or  supply  water  used  or  intended  to  be  used  for  human  con- 
sumption or  for  domestic  purposes  without  having  an  unrevoked  permit 
from  the  state  board  of  health  so  to  do,  as  in  this  act  provided,  may  be 
enjoined  from  so  doing  by  any  court  of  competent  jurisdiction,  at  the 
suit  of  any  person  or  persons,  firm,  corporation,  municipal  or  other  public 
corporation  whflse  supply  of  water  for  human  consumption  or  for 
domestic  purposes  is  taken,  or  received,  from,  or  supplied  or  furnished 
by  any  such  water  furnishing  or  distributing  person,  firm,  corporation, 
public  utility  or  municipality  or  other  public  body,  institution  or  cor- 
poration, or  it  or  he  may  be  enjoined  at  the  suit  of  the  state  board 
of  health  in  the  same  manner;  provided,  further,  that  any  such  person, 
firm,  corporation,  public  utility,  municipality  or  other  boily,  institution 
or  corporation  subject  to  the  provisions  of  this  act  may  file  such  petition 
at  any  time  prior  to  January  1,  1914,  unless  sooner  required  so  to  do 
by  order  of  said  state  board  of  health.  Anything  done,  maintained 
or  suffered  in  violation  of  any  of  the  provisions  of  this  act  shall  be 
deemed  to  be  a  public  nuisance  dangerous  to  health  and  may  be  sum- 
marily abated  in  the  manner  provided  by  law  and  it  shall  be  the  duty 
of  all  and  every  public  officer  or  officers,  body  or  bodies  lawfully  em- 
powered so  to  do  to  immediately  abate  the  same. 

TITIiE   556a. 

WATER   DISTRICTS. 
ACT   4349. 

An  act  to  provide  for  the  incorporation  and  organization  and  manage- 
ment of  county  water  districts,  and  to  provide  for  the  acquisition 
of  water  rights  or  construction  thereby  of  waterworks  and  for  the 
acquisition  of  all  property  necessary  therefor,  and  also  to  provide 
for  the  distribution  and  sale  of  water  by  said  districts. 
[Approved   June   10,   1013.     Stats.   1913,   p.   1049.] 

Organization  of  county  water  districts. 

§  1.  A  county  water  district  may  be  organized  and  incorporated  and 
managed  as  herein  expressly  provided  and  may  exercise  the  powers 
herein  expressly  granted  or  necessarily  implied. 


Act  4349,  §§2,3 


GENERAL   LAWS. 


2294 


§  2.  The  people  of  any  county,  or  city  and  county,  or  portion  of  a 
county,  or  city  and  county,  whether  such  portion  includes  unincorporated 
territory  or  not,  in  the  state  of  California,  having  a  population  of  not 
less  than  one  thousand  inhabitants,  may  organize  a  county  water  dis- 
trict under  tlie  provisions  of  this  act  by  proceeding  as  herein  provided. 

Petition.  Boundaries.  Hearing.  Changes  in  boundaries.  Findings  of 
board  final.     Elections.     Certificate  of  incorporation. 

§  3.  A  petition,  which  may  consist  of  any  number  of  separate  instru- 
ments, shall  be  presented  at  a  regular  meeting  of  the  board  of  super- 
visors of  the  county  in  which  the  proposed  water  district  is  located, 
signed  by  the  registered  voters  within  the  boundaries  of  the  proposed 
water  district,  equal  in  number  to  at  least  ten  per  centum  of  the  num- 
ber of  votes  cast  in  said  proposed  county  water  district  for  the  office 
of  governor  of  this  state  at  the  last  general  election  prior  to  the  present- 
ing of  the  petition;  provide<l.  that  where  one  or  more  municijial  cor- 
j)()rati()ns  or  part  thereof  is  inchnled  Tn  such  proposed  water  district,  such 
petition  must  be  signed  by  at  least  ten  per  centum  of  the  qualified 
electors  of  each  such  municipal  corporations  or  part  thereof  and  of  the 
unincor[)orated  territory  included  in  such  proposed  water  <listrict  so  vot- 
ing at  such  election.  Such  petition  shall  set  forth  and  describe  the 
proposed  boundaries  of  such  water  district,  and  shall  pray  that  the  same 
be  incorporated  under  the  provisions  of  this  act,  and  the  text  of  such 
petition  shall  be  jmblished  for  at  least  two  weeks  before  the  time  at 
which  the  same  is  to  be  presented  in  at  least  one,  but  not  to  exceed 
three,  newspajiers  printed  and  published  in  such  county,  together  with 
a  notice  stating  the  time  of  the  meeting  at  which  same  will  be  presented. 
When  containe<l  upon  more  than  one  instrument,  one  copy  only  of  such 
petition  need  be  published.  No  more  than  five  of  the  names  attached 
to  said  peti^^ion  need  appear  in  such  publication  of  said  petition  and 
notice,  but  the   number  of  signers  shall   be   stated. 

Witli  such  publication  there  shall  also  be  published  a  notice  of  the 
time  of  the  meeting  of  the  board  when  such  petition  will  be  considered 
and  that  all  persons  interested  therein  may  then  appear  and  be  heard. 
At  such  tinie  the  board  of  supervisors  shall  hear  the  petition  and  those 
appearing  thereon  and  may  adjourn  such  hearing  from  time  to  time, 
not  exceeding  four  weeks  in  all.  Xo  defect  in  the  contents  of  the  peti- 
tion or  in  the  title  to  or  form  of  the  notice  or  signatures,  or  lack  of 
signatures,  thereto  shall  vitiate  any  proceedings  thereon,  provided  such 
petition  or  ]>etitions  have  a  sufficient  number  of  qualified  signatiires  at- 
tached thereto.  On  the  final  hearing  said  board  shall  make  such  changes 
in  the  projiosed  boundaries  as  may  be  deemed  advisable  and  shall  define 
and  establish  such  boundaries.  But  said  boar«l  shall  not  modify  said 
boundaries  so  as  to  exclude  from  su«Ji  proposed  ilistrict  any  territory 
which  would  be  benefited  by  the  formation  of  such  district;  nor  shall 
anv  lands  which  will  not,  in  the  .iuilgment  of  said  board,  be  benefited 
by  such  district,  by  means  of  any  of  said  systems  of  works,  be  included 


2295  WATER  DISTRICTS.  Act  4349,  §  3 

within  such  proposed  district.  Any  person  whose  lands  are  benefited 
by  such  district  may  upon  his  application,  in  the  discretion  of  said 
board,   have   sucli   lands   included   within   said    projwsed   district. 

Upon  such  hearing  of  said  petition,  the  board  of  supervisors  shall  de- 
termine whether  or  not  said  petition  complies  with  the  requirements 
of  the  provisions  of  this  act,  and  for  that  j)urpose  must  hear  all  com- 
petent and  relevant  testimony  offered  in  support  of  or  in  opposition 
thereto.  Such  determination  shall  be  entered  upon  the  minutes  of  said 
board  of  supervisors.  A  finding  of  the  board  of  supervisors  in  favor  of 
the  genuineness  and  sufficiency  of  the  petition  and  notice  shall  be  final 
and  conclusive  against  all  persons  except  the  state  of  California  upon 
suit  commenced  by  the  attornej''  general.  Any  such  suit  must  be  com- 
menced within  one  year  after  the  order  of  the  board  of  supervisors  de- 
claring such  district  organized  as  herein  provided,  and  not  otherwise. 
Upon  the  final  determination  of  the  boundaries  of  the  district  the  board 
of  supervisors  shall  give  notice  of  an  election  to  be  held  in  said  pro- 
posed water  district  for  the  purpose  of  determining  whether  or  not  the 
same  shall  be  incorporated.  Such  notice  shall  describe  the  boundaries 
so  established  and  shall  state  the  proposed  name  of  the  proposed  incor- 
poration (which  name  shall  contain  the  words  " county  water  dis- 
trict"), and  this  notice  shall  be  published  at  least  four  weeks  prior  to  such 
election  in  at  least  one,  but  not  to  exceed  three,  newspapers  printed  and 
published  in  said  county.  At  such  election  the  proposition  to  be  sub- 
mitted  shall  be:    "Shall  the  proposition   to   organize  county  water 

district  under  (naming  the  chapter  containing  this  act)  of  the  acts  of 
the  fortieth  session  of  the  California  legislature  be  adopted?"  And  the 
election  thereupon  shall  be  conducted,  the  vote  canvassed  and  the  result 
declared  in  the  same  manner  as  provided  by  law  in  respect  to  general 
elections,  so  far  as  they  may  be  applicable,  except  as  in  this  act  other- 
wise' provided.  No  person  shall  be  entitled  to  vote  at  any  election 
nnder  the  provisions  of  this  act  unless  such  person  possesses  all  the 
qualifications  required  of  electors  under  the  general  election  laws  of 
the  state.  Within  four  days  after  such  election  the  vote  shall  be  can- 
vassed by  the  board  of  supervisors.  If  a  majority  of  the  votes  cast  at 
sucli  election  in  each  municipal  corporation  or  part  thereof  and  in  the 
unincorporated  territory  included  in  such  proposed  water  district  shall 
be  in  favor  of  organizing  such  county  water  district,  said  board  shall 
by  an  order  entered  on  its  minutes  declare  the  territory  inclosed  within 
the  proposed  boundaries  duly  organized  as  a  county  water  district  under 
the  name  theretofore  designated,  and  the  county  clerk  shall  immediately 
cause  to  be  filed  with  the  secretary  of  state  and  shall  cause  to  be 
recorded  in  the  office  of  the  county  recorder  of  the  county  in  which 
such  district  is  situated,  each,  a  certificate  stating  that  such  a  proposi- 
tion was  adopted.  Upon  the  receipt  of  such  last-mentioned  certificate 
the  secretary  of  state  shall,  within  ten  days,  issue  his  certificate  reciting 
that  the  county  water  district  (naming  it)  has  been  duly  incorporated 
according  to  the  laws  of  the  state  of  California.     A  copy  of  such  cer- 


Act4349,  §§4,  5 


GENERAL   LAWS. 


2296 


tifioate  shall  be  transmitted  to  and  filed  with  the  county  clerk  of  the 
county  in  which  such  county  water  district  is  situated.  From  and  after 
the  date  of  such  certificate,  the  district  named  therein  shall  be  deemed 
incorporated  as  a  county  water  district,  with  all  the  rights,  privileges 
and  powers  set  forth  in  this  act  and  necessarily  incident  thereto.  In 
case  less  than  a  majority  of  the  votes  ca?t  are  in  favor  of  said  propo- 
sition the  organization  fails  but  without  prejudice  to  renewing  procer'd- 
ings  at  any  time  in  the  future. 

Election  of  directors.     Term  of  office. 

§  4.  At  an  cIim  tion  to  be  held  within  such  water  district  under  the 
provisions  of  this  act  and  the  laws  governing  general  elections  not  in- 
consistent herewith,  the  county  water  di+^trict  thus  organized  shall  pro- 
ceed within  ninety  daj's  after  its  formation  to  the  election  of  a  board 
of  directors  consi.^ting,  if  there  are  no  municipalities  within  the  bound- 
aries of  said  district,  of  five  members.  In  all  cases  where  the  bound- 
aries of  such  water  district  include  any  municipality  or  municipalities, 
said  board  of  directors,  in  addition  to  said  five  directors  to  be  elected  as 
aforesaid,  shall  consist  of  one  additional  director  for  each  one  of  said 
municipalities  wSthin  such  county  water  district,  each  such  additional 
director  to  be  appointed  by  the  mayor  of  the  municipality  for  which 
said  additional  director  is  allowed;  and  if  there  be  any  unincorporated 
territory  witliin  said  water  district,  of  one  additional  director,  to  be 
apjiniiitod  by  the  said  board  of  supervisors.  .\ny  director  so  appointed 
need  not  be  an  elector  or  resident  of  said  district.  All  directors,  elected 
or  appointed,  shall  hold  ofHce  until  the  election  and  qualification  or  ap- 
f)ointment  and  qualification  of  their  successors.  The  term  of  ollice  of 
directors  elected  under  the  jtrovisions  of  this  act  shall  be  four  years 
Irom  and  after  the  date  of  their  election;  provided,  that  the  direetors 
first  elected  after  the  passage  of  this  act  shall  hold  office  only  until 
the  election  and  qualification  of  their  successors  as  hereinafter  provided. 
The  term  of  office  of  directors  appointed  by  said  mayor  or  mayors  or  by 
said  lioard  of  supervisors  shall  be  six  years  from  and  after  the  date  of 
appointment.  Directors  to  be  first  appointed  under  the  provisions  of  this 
act  shall  be  appointed  within  ninety  days  after  the  formation  of  the 
district.  The  election  of  directors  of  such  county  water  district  shall 
be  in  every  fourth  year  after  its  organization,  on  the  fourth  Tuesday 
in  March,  and  shall  be  known  as  the  general  water  district  election.  A 
second  election  shall  be  held,  when  necessary,  as  hereinafter  provided, 
on  the  third  Tuesday  after  such  general  election,  and  shall  be  known 
as  the  second  water  district  election.  All  other  eloi-tions  which  may 
be  held  by  authority  of  this  act,  or  of  the  general  laws,  shall  be  known 
as   special    water   district   elections. 

Nomination  and  election  of  officers. 

§  5.  (1)  The  mode  of  nomination  and  election  of  all  elective  officers 
of  such  water  district  to  be  voted  for  at  any  water  district  election  and 


2297  WATER  DISTRICTS.  Act  4349,  §  5 

the  mode   of  appointment   of  a  director  or   directors  by   said   mayor   or 
mayors  or  by  said  board  of  supervisors  shall  be  as  follows  and  not  other- 


wise 


(2)  The  name  of  a  candidate  shall  he  printed  upon  the  ballot  when 
a  jjeiition  of  nomination  shall  have  been  filed  in  his  behalf  in  the 
manner  and  form  and  under  the  conditions  hereinafter  set  forth. 

(3)  The  petition  of  nomination  shall  consist  of  not  less  than  twenty- 
five  individual  certificates,  which  shall  read  substantially  as  follows: 

Petition   of   Nomination. 

Individual  Certificate. 
State  of  California, 

County  of  ,  — ss. 

Prect.    No.   . 

I,  the  undersigned,  certify  that  I  do  hereby  join  in  a  petition  for  the 

nomination  of  ,  whose  residence  is  at  No.  ,  -■ street,  for  the 

office  of  of  the  county  water  district  to  be  voted  for  at  the 

water  district  election  to  be  held  in  the  county  water  district  on 

the  day  of  ,  19 — ;  and  I  further  certify  that  I  am  a  qualified 

elector  residing  within  said  district,  and  am  not  at  this  time  a  signer 
of  any  other  petition  nominating  any  other  candidate  for  the  above- 
named  office,  or,  in  case  there  are  several  places  to  be  filled  in  the 
above-named  office,  that  I  have  not  signed  more  petitions  than  there  are 
places  to  be  filled  in  the   above-named   office;   that  my   residence   is   at 

No.  ,  street,  ,  and  that  my  occupation  is  . 

.    (Signed) . 

State  of  California, 

County  of  , — ss. 

being  duly  sworn,   deposes  and   says  that  he  is  the   person  who 

signed  the  foregoing  certificate  and  that  the  statements  therein  are  true 
and    correct. 

(Signed) ^ 

Subscribed  and  sworn  to  before  me  this  day  of  ,  19 — . 

"> 
Notary  Public  or  Verification  Deputy. 

The  petition  of  nomination  of  which  this  certificate  forms  a  part  shall, 

if  found  insufficient,  be  returned  to  at  No.  ,  street,  , 

California. 

(4)  It  shall  be  the  duty  of  the  county  clerk  to  furnish  upon  applica- 
tion a  reasonable  number  of  forms  of  individual  certificates  of  the  above 
character. 

(5)  Each  certificate  must  be  a  separate  paper.  All  certificates  must 
be  of  uniform  size  as  determined  by  the  county  clerk.  Each  certificate 
must  contain  the  name  of  one  signer  thereto  and  no  more.  Each  cer- 
tificate shall  contain  the  name  of  one  candidate  and  no  more.  Each 
signer  must  be  a  qualified  elector  residing  within  said  district,  must  not 


Act  4349,  §  5 


GENERAL  LAWS. 


2293 


at  the  time  of  signing  a  certificate  have  his  name  signed  to  any  other 
certificate  for  any  other  candidate  for  the  same  office,  nor,  in  case  there 
are  several  places  to  be  filled  in  the  same  office,  signed  to  more  cer- 
tificates for  candidates  for  that  oflice  than  there  are  places  to  be  filled 
in  such  office.  In  case  an  elector  has  signed  two  or  more  conflietinj; 
certificates,  all  such  certificates  shall  be  rejected.  Each  signer  must 
verify  his  certificate  and  make  oath  that  the  same  is  true,  before  a 
notary  public  or  a  verification  deputy,  as  provided  for  in  this  section. 
Each  certificate  shall  further  contain  the  name  and  address  of  the  per 
son  to  whom  the  jiotition  is  to  be  returned  in  case  said  petition  is  fouml 
insufficient. 

(6)  Verification  deputies,  under  this  section,  must  be  qualified  electors 
of  such  county  water  district,  and  shall  be  appointed  by  the  county 
clerk  upon  application  in  writing,  signed  by  not  less  than  five  qualified 
electors  of  such  county  water  district.  The  application  shall  set  forth 
that  the  signers  thereto  desire  to  procure  the  necessary  signatures  of 
electors  for  the  nomination  of  candidates  for  office  in  said  county  water 
district  at  an  election  therein  specified,  and  that  the  applicants  desire 
tile  jjorson  or  jiersons  whose  names  and  addresses  are  given  appointed 
as  verification  deputies,  who  shall  upon  appointment  be  authorized  and 
empowered  to  take  the  oath  of  verification  of  the  signers  of  petitions 
of  nomination.  Such  verification  deputies  need  not  use  a  seal,  and  shall 
not  have  power  to  take  oaths  for  any  other  purposes  whatsoever,  and  their 
apiiointments  shall  continue  only  until  all  jietitions  of  nomination,  under 
this  section,  shall  have  been  filed   by  the  county  clerk. 

(7)  A  petition  of  nomination,  consisting  of  not  less  than  twenty-five 
individual  certificates  for  any  one  candidate,  may  be  jiresented  to  the 
county  clerk  not  earlier  than  forty-five  days  nor  later  than  thirty  days 
before  the  election.  The  county  clerk  shall  indorse  thereon  the  date 
u])on  which  the  petition  was  presented  to  him. 

(S)  When  a  petition  of  nomination  is  presented  for  filing  to  the 
county  clerk,  he  shall  forthwith  examine  the  sjime,  and  ascertain  whether 
or  not  it  conforms  to  the  provisions  of  this  section.  If  found  not  to  con- 
form thereto,  he  shall  then  and  there  in  writing  designate  on  said  peti- 
tion the  defect  or  omission  or  reason  why  such  petition  cannot  be  filed, 
luul  shall  return  tlio  ]ietition  to  the  jierson  name«l  as  the  person  to  whom 
the  same  may  be  returned  in  accordance  with  this  section.  The  petition 
may  then  be  amended  and  again  presented  to  the  clerk  as  in  the  first 
instance.  The  clerk  shall  forthwith  proceed  to  examine  the  petition 
as  hereinbefore  provided.  If  necessary,  the  board  of  supervisors  shall 
provide  extra  help  to  enable  the  clerk  to  perform  satisfactorily  and 
promptly    the    duties    imposed   by    this   section. 

(9)  Any  signer  to  a  petition  of  nomination  and  certificate  may  with- 
draw his  name  from  the  same  by  filing  with  the  county  clerk  a  verified 
revocation  of  his  signature  before  the  filing  of  a  petition  by  the  clerk, 
and  not  otherwise.  He  shall  then  be  at  liberty  to  sign  a  petition  for 
another   candidate   for  the   same   office. 


2299  WATER  DISTRICTS.  Act  4349,  §  5 

(10)  Any  person  whose  name  has  been  presented  under  this  section 
as  a  candidate  may,  not  later  than  twenty-five  days  before  the  day  of 
election,  cause  his  name  to  be  withdrawn  from  nomination  by  filing 
with  the  county  clerk  a  request  therefor  in  writing,  and  no  name  so 
withdrawn  shall  be  printed  upon  the  ballot.  If,  upon  such  withdrawal, 
the  number  of  candidates  remaining  does  not  exceed  the  number  to  be 
elected,  then  other  nominations  may  be  made  by  filing  petitions  there- 
for not  later  than   twenty-five  days   prior  to   such   election. 

(11)  If  either  the  original  or  amended  petition  of  nomination  be 
found  sufficiently  signed  as  hereinbefore  provided,  the  clerk  shall  file 
the  same  twenty-five  days  before  the  date  of  the  election.  When  a 
petition  of  nomination  shall  have  been  filed  by  the  clerk  it  shall  not  be 
withdrawn  or  added  to  and  no  signature  shall  be  revoked  thereafter. 

(12)  The  county  clerk  shall  preserve  in  his  office  for  a"~period  of  two 
years,  all  petitions  of  nomination  and  all  certificates  belonging  thereto, 
filed  under  this  section. 

(13)  Immediately  after  such  petitions  are  filed,  the  county  clerk  shall 
enter  the  names  of  the  candidates  in  a  list,  with  the  offices  to  be  filled, 
and  shall  not  later  than  twenty-five  days  before  the  election  certify 
such  list  as  being  the  list  of  candidates  nominated  as  required  by  the 
provisions  of  this  act,  and  the  board  af  supervisors  shall  cause  said 
certified  list  of  names  and  the  offices  to  be  filled,  to  be  published  in 
the  proclamation  calling  the  election  at  least  ten  successive  days  before 
the  election  in  at  least  one  but  not  more  than  three  newspapers  of 
general  circulation  published  in  the  count}^  in  which  such  municipal 
water  district  is  located.  Such  proclamation  shall  conform  in  all  re- 
spects to  the  general  state  law  governing  the  conduct  of  general  elec- 
tions now  or  hereafter  in  force,  applicable  thereto,  except  as  otherwise 
herein  provided. 

(14)  The  county  clerk  shall  cause  the  ballots  to  be  printed  and  bound 
and  numbered  as  provided  by  said  general  state  law,  except  as  other- 
wise required  in  this  act.  The  ballots  shall  contain  the  list  of  names 
and  the  respective  offices  as  published  in  the  proclamation  and  shall  be 
in  substantially  the  following  form: 

General  (or  Special)   District  Election, 

County  Water  District, 

(Inserting  date  thereof.) 
Instructions  to  Voters:  To  vote,  stamp  or  write  a  cross  (X)  opposite 
the  name  of  the  candidate  for  whom  you  desire  to  vote.  All  marks 
otherw^ise  made  are  forbidden.  All  distinguishing  marks  are  forbidden 
and  make  the  ballot  void.  If  you  wrongly  mark,  tear  or  deface  this 
ballot,  return  it  to  the  inspector  of  election,  and  obtain  another. 

(15)  All  ballots  printed  shall  be  precisely  on  the  same  size,  quality, 
tint  of  paper,  kind  of  type,  and  color  of  ink,  so  that  without  the  num 
ber  it  would  'be  impossible  to  distinguish  one  ballot  from  another;   and 


Act  4349,  §  5 


GENERAL   LAWS. 


2300 


the  names  of  all  candidates  printed  upon  the  ballot  shall  be  in  type  of 
the  same  size  and  style.  A  column  may  be  provided  on  the  right  hand 
side  for  questions  to  be  voted  upon  at  municipal  water  district  elections, 
as  provided  for  under  this  act.  The  names  of  the  candidates  for  each 
ofTice  shall  be  arranged  in  alphabetical  order,  and  nothing  on  the  ballot 
shall  be  indicative  of  the  source  of  the  candidacy  or  of  the  support  of 
any   candidate. 

(16)  The  name  of  no  candidate  who  has  been  duly  and  regularly 
nominated,  and  who  has  not  withdrawn  his  name  as  herein  provided  shall 
be  omitted  from  the  ballot. 

(17)  The  otiices  to  be  filled  shall  be  arranged  in  the  following  order: 
"For  director  vote  for   (giving  number)." 

(IS)  Half-inch  square  shall  he  provided  at  the  right  of  the  name  of 
each  candidate  wherein  to  mark  the  cross. 

(19)  JIalf-inch  spaces  shall  be  left  below  the  printed  names  of  can- 
didates for  each  office  equal  in  number  to  the  number  to  be  voted  for, 
wherein  the  voter  may  write  the  name  of  any  person  or  persons  for 
wiiom  he  may  wish  to  vote. 

(20)  The  county  clerk  shall  cause  to  be  printed  sample  ballots,  iden- 
tical with  the  ballot  to  be  used  at  the  election,  and  shall  furnish  copies 
of  the  same  on  ai>[)liciition  to.  registered  voters  at  his  office  at  least 
five  days  before  the  date  fi.vod  for  such  election,  and  shall  mail  one 
such  ballot  to  each  voter  entitled  to  vote  at  such  election,  so  that  all 
of  said  samj)le  ballots  shall  have  been  mailed  at  least  three  whole  days 
before  said  election. 

(21)  In  case  there  is  but  one  person  to  be  elected  to  an  office,  the 
candidate  receiving  a  majority  of  the  votes  cast  for  all  the  candidates 
for  that  office  shall  be  declared  elected;  in  case  there  are  two  or  more 
j)ersons  to  be  elected  to  an  office,  as  thfit  of  director,  then  those  can- 
didates equal  in  number  to  the  number  to  be  elected,  who  receive  the 
highest  number  of  votes  for  such  office  shall  bo  declared  elected;  pro- 
viiled,  however,  that  no  person  shall  be  declared  elected  to  any  office 
at  such  first  election  unless  the  number  of  votes  received  by  him  shall 
be  greater  than  one-half  the  i>umber  of  ballots  cast  at  such  election. 

(22)  If  at  any  election  held  as  above  provided  there  be  any  office 
to  which  the  required  number  of  persons  was  not  elected,  then  as  to 
such  office  the  said  first  eleotion  shall  be  considered  to  have  been  a 
jirimary  election  for  the  nomination  of  candidates,  and  a  second  election 
shall  be  held  to  fill  said  office.  The  candiilatcs  not  elected  at  such  first 
election,  equal  in  number  to  twice  the  number  to  be  elected  to  any 
given  office,  or  less  if  so  there  be,  who  receive  the  highest  number  of 
votes  for  the  resi>ective  offices  at  such  first  election,  shall  be  the  only 
candidates  at  such  second  election;  provided,  that  if  there  be  any  per- 
son who,  under  the  provisions  of  this  sul  livision,  would  have  been  en- 
titled to  become  a  candidate  for  any  odice,  except  for  the  fact  that 
some  other  candidate  received  an  equal  number  of  votes  therefor,  then  all 
such    persons    receiving   such    eiiual    number    of    votes    shall    likewise    be- 


2301  WATER  DISTRICTS.  Act  4349,  §§  6-8 

come  candidates  for  such  office.  The  candidates  equal  in  number  to  the 
persons  to  be  elected  who  shall  receive  the  highest  number  of  votes 
at   such    second   election   shall   be   declared   elected   to   such   office. 

(23)  The  said  second  election,  if  necessary  to  be  held,  shall  be  held 
three  weeks  after  the  first  election. 

(24)  All  the  provisions  and  conditions  above  set  forth  as  to  the  con- 
duct of  an  election,  so  far  as  they  may  be  applicable,  shall  govern  the 
second  election,  except  that  notice  of  election  need  be  published  twice 
only;  and  provided,  also,  that  the  same  precincts  and  polling  places  shall, 
if  possible,  be  used. 

(25)  If  a  person  elected  fails  to  qualify,  the  office  shall  be  filled  as 
if  there  were  a  vacancy  in  such  office,  as  hereinafter  provided. 

(2fi)  The  mode  of  appointment  of  director  or  directors  by  a  mayor, 
or  by  a  board  of  supervisors  shall  be  by  certificate  of  appointment  signed 
by  said  mayor  or  mayors,  or  issued  by  said  board  of  supervisors,  and 
transmitted  to  the  board  of  directors  of  said  county  water  district. 

(27)  No  informality  in  conducting  county  water  district  elections  shall 
invalidate  the  same,  if  they  have  been  conducted  by  directors  to  fill  a 
vacancy,  or  appointed  by  a  mayor  or  by  this  act. 

Creneral  law  to  govern. 

§  6.  The  provisions  of  the  law  relating  to  the  qualifications  of  elec- 
tors, the  manner  of  voting,  the  duties  of  election  officers,  the  canvassing 
of  returns,  and  all  other  particulars  in  respect  to  the  management  of 
general  elections,  so  far  as  they  may  be  applicable,  shall  govern  all 
water  district  elections,  except  as  in  this  act  otherwise  provided;  pro- 
vided, that  the  board  of  supervisors  shall  canvass  the  returns  of  the 
first  election  and  that  thereafter,  except  as  herein  provided,  the  board 
of  directors  shall  meet  as  a  canvassing  board  and  duly  canvass  the  re- 
turns within  four  days  after  any  water  district  election,  including  any 
water  district  bond  election. 

Officers  subject  to  recall. 

§  7.  Every  incumbent  of  an  elective  office,  whether  elected  by  popu- 
lar vote  for  a  full  term,  or  elected  by  the  board  of  directors  to  fill  a 
vacancy,  or  appointed  bj''  a  mayor  or  by  said  board  of  supervisors  for 
a  full  term,  is  subject  to  recall  by  the  voters  of  any  county  water  dis- 
trict organized  under  the  provisions  of  this  act,  in  accordance  with  the 
recall  provisions  of  the  general  laws  of  the  state  applicable  to  officers  of 
counties. 

Organization  of  board. 

§  8.  The  board  of  directors  shall  be  the  governing  body  of  sucb 
county  water  district.  It  shall  hold  its  first  meeting  on  the  sixth  Monday 
after  the  first  general  election  for  the  election  of  directors  as  herein 
provided;  it  shall  choose  one  of  its  members  president,  and  shall  there- 
upon provide  for  the  time  and  place  of  holding  its  meetings  and  the 
inanner    in   which   its    special   meetings    may   be    called.     AU    legislative 


Act  4349,  §§9-12 


QEXERAL  LAWS. 


2302 


sessions  of  the  board  of  directors  whether  regular  or  special  shall  be 
open  to  the  public.  A  majority  of  the  board  of  directors  shall  consti- 
tute a  quorum  for  the  transaction  of  business.  The  board  of  directors 
sliall  establish  rules  for  its  proceedings. 

Ordinances.     Enacting  clause.     Compensation. 

§  9.  The  board  of  directors  shall  act  only  by  ordinance  or  re?<olution. 
The  ayes  and  noes  shall  be  taken  upon  the  passage  of  all  ordinances 
or  resolutions  and  entered  upon  the  journal  of  the  proceedings  of  the 
board  of  directors.  No  ordinance  or  resolution  shall  be  passed  or  be- 
come effective  without  the  aflSrmative  votes  of  at  least  a  majority  of 
the  members  of  the  board.  The  enacting  clause  of  all  ordinances 
]iassed  by  the  board  shall  be  in  these  words:  "Be  it  ordained  by  the 
board  of  directors  of  county  water  district  as  follows:"  All  resolu- 
tions and  ordinances  shall  be  signed  by  the  president  of  the  board  of 
directors  and  attested  by  the  secretary.  Each  of  the  members  of  the 
board  of  directors  shall  receive  for  each  attendance  at  the  meetings  of 
the  board  ten  dollars,  and  shall  receive  no  other  compensation.  No 
director,  however,  shall  receive  pay  for  more  than  three  meetings  in 
any  calendar  month.  Any  vacancy  in  the  board  of  directors,  whether 
the  vacant  office  is  elective  or  appointive,  shall  be  filled  by  the  remain- 
ing directors. 

General  manager,  secretary  and  auditor. 

§  10.  Tlie  board  of  directors  shall  at  its  first  meeting,  or  as  soon 
thereafter  as  practicable,  appoint,  by  a  majority  vote,  a  general  manager, 
a  secretary,  and  an  auditor.  No  director  shall  be  eligible  to  the  office  of 
general  manager,  secretary,  or  audit<ir.  The  general  manager,  secretary, 
and  auilitor,  shall  receive  such  compensation  as  the  board  of  directors 
sliiill  determine,  and  each  shall  serve  at  the  pleasure  of  the  board. 

Informality  not  to  invalidate. 

§  11.  No  informality  in  any  juoceeding  or  informality  in  the  con- 
duct of  any  election,  not  substantially  affecting  adversely  the  legal 
rights  of  any  citizen,  shall  be  held  to  invalidate  the  incorporation  of 
any  county  water  district,  and  any  jiroceeding  wherein  the  validity 
of  such  incorporation  is  denied  shall  be  commenced  within  three  months 
from  the  date  of  the  certificate  of  incorporation,  otherwise  said  incor- 
poration and  the  legal  existence  of  said  county  water  district,  and  all 
proceedings  in  respect  thereto,  shall  be  held  to  be  valid  and  in  every 
respect    legal    and    incontestable. 

Powers  of  district. 

§  12.  Any  county  water  district  incorporated  as  herein  provided, 
shall  have  power: 

1.  To  have  jierpetual  succession; 

2.  To  sue  and  be  sudl.  except  as  otherwise  provided  herein  or  by  law. 
in  all  actions  and  proceedings  in  all  courts  and  tribunals  of  competent 
jurisdiction; 


2303  WATER  DISTRICTS.  Act  4349,  §  12 

3.  To  ailopt  a  seal  and  alter  it  at  pleasure; 

4.  To  take  by  grant,  purchase,  gift,  devise,  or  lease,  hold,  use,  enjoy, 
and  to  lease  or  dispose  of  real  and  personal  property  of  every  kind, 
within  or  without  the  district,  necessary  to  the  full  exercise  of  its 
powers; 

5.  To  acquire,  by  purchase,  lease,  or  otherwise,  water  rights,,  water- 
works, canals,  conduits,  reservoirs,  storage  sites,  watersheds,  works, 
machinery,  lands,  rights  and  privileges,  useful  or  necessary  to  convey, 
supply,  store,  or  otherwise,  make  use  of  water  for  irrigation,  power,  or 
other  useful  purpose,  and  to  operate  and  maintain  such  water  rights, 
waterworks,  canals,  conduits,  reservoirs,  storage  sites,  watersheds,  works, 
machiner}',  lands,  rights  and  privileges,  for  the  uses  aforesaid,  for  the 
benefit  of  the  district; 

6.  To  store  water  for  the  benefit  of  the  district;  and  to  conserve  water 
for  future  use  and  to  appropriate,  acquire  and  preserve  water  and  water 
rights  and  for  this  purpose  to  sue,  intervene  and  compromise,  in  the 
name  of  the  district,  and  assume  the  costs  of  litigation  involving  the 
ownership  of  waters  or  water  rights  within  the  district  and  those  used 
and  useful  for  the  purposes  of  the  district  or  of  any  of  the  lands  situated 
therein; 

7.  To  lease  of  and  from  any  person,  firm,  or  public  or  private  cor- 
poration, with  the  privilege  of  purchase,  or  otherwise,  existing  water 
rights,  waterworks,  canals,  or  reservoir  systems;  and  to  carry  on  and 
maintain  the  same;  also  to  sell  water,  or  the  use  thereof,  for  irrigation, 
power,  or  other  useful  purposes,  and  whenever  there  is  a  surplus,  sell, 
or  otherwise,  dispose  of  the  same,  to  municipalities,  or  towns,  or  to  con- 
sumers, located  within  or  without  the  boundaries  of  the  district; 

8.  To  have  and  exercise  the  right  of  eminent  domain  in  the  manner 
provided  by  law  for  the  condemnation  of  private  property  for  public 
use,  to  take  anj^  property  necessary  to  supply  the  district  or  any  portion 
thereof  with  water,  whether  such  property  be  already  devoted  to  the 
same  use  or  otherwise,  and  may  condemn  any  existing  water  rights, 
canals,  reservoirs,  storage  sites,  watersheds,  waterworks  or  system,  or 
any  portion  thereof  owned  by  any  person,  firm  or  corporation;  provided, 
that  property  and  water  rights  of  municipal  corporations  shall  not  be 
subject  to  the  provisions  of  this  section.  In  proceedings  relative  to 
the  exercise  of  such  right,  the  district  shall  have  the  same  rights, 
powers  and  privileges  as  a  municipal   corporation; 

9.  To  borrow  money  and  incur  indebtedness  and  to  issue  bonds  or 
other  evidences  of  such  indebtedness;  also  to  refund  or  retire  any  in- 
debtedness or  lien  that  may  exist  against  the  district  or  property  thereof; 

10.  To  cause  taxes  to  be  levied  for  the  purpose  of  paying  any  obliga- 
tion of  the  district  and  to  accomplish  the  purposes  of  this  act  in  the 
manner  herein  provided; 

11.  To  make  contracts,  to  employ  labor  and  to  do  all  acts  necessary 
for  the  full  fxercise  of  the  foregoing  powers. 


Act  4349,  §§13-15 


gent:ral  laws. 


2304 


Powers  exercised  by  board. 

§  13.  The  powers  herein  enumerated  shall,  except  as  herein  other- 
wise provided,  be  exercised  by  the  board  of  directors  above  provided 
for  auf]  elected  and  appointed  as  described  herein. 

Duties  of  oflacers  of  board. 

§  14.  The  president  sliall  sign  all  contracts  on  behalf  of  the  district 
and  perform  such  other  duties  as  may  be  imposed  by  the  board  of  di- 
rectors. The  secretary  shall  countersign  all  contracts  on  behalf  of  the 
district  and  perform  such  other  duties  as  may  be  imposed  by  the  board 
of  directors.  The  secretary'  shall  give  his  full  time  during  office  hours 
to  the  affairs  of  the  district.  The  general  manager  shall  have  full 
charge  and  control  of  the  maintenance,  operation  and  construction  of 
the  waterworks  or  waterworks  system  of  said  water  district,  with  full 
power  and  autliority  to  employ  and  discharge  all  einployces  and  as- 
sistants at  i)leasure,  prescribe  their  duties,  and  shall,  subject  to  the 
approval  of  the  board  of  directors,  fix  their  compensation.  The  gen- 
eral manager  shall  perform  such  other  duties  as  may  be  imposed  upon 
him  by  the  board  of  directors.  The  general  manager  shall  report  to  the 
board  of  directors  in  accordance  with  such  rules  and  regulations  as  they 
may  adopt.  The  auditor  shall  be  charged  with  the  duty  of  installing 
and  maintaining  a  system  of  auditing  and  accounting  that  shall  com- 
pleteh''  and  at  all  times  show  the  financial  condition  of  the  district, 
lie  shall  draw  warrants  to  pay  demands  made  against  the  district  when 
such  demands  have  been  first  approved  by  at  least  three  members  of 
the  board  of  directors  and  by  the  general  manager.  The  board  of  di- 
rectors shall  also  designate  a  depositary  or  depositaries  to  have  the 
custody  of  the  funds  of  the  district,  all  of  which  depositaries  shall  give 
security  sufficient  to  secure  tJie  district  against  possible  loss,  and  who 
shall  pay  the  warrants  drawn  by  the  auditor  for  demands  against  the 
district  undet  such  rules  as  the  directors  may  prescribe.  The  general 
manager,  secretarj'  and  auditor,  and  all  other  employees  or  assistants 
of  said  district  who  may  be  required  so  to  do  by  the  board  of  directors, 
shall  give  bonds  to  the  district  conditioned  for  the  faithful  performance 
of  their  duties  as  the  board  of  directors  from  time  to  time  may  provide. 

Bonded  indebtedness.  Election.  Notice.  Publication.  Canvass  of  re- 
turns. 
§  15.  Whenever  the  board  of  directors  deem  it  necessary  for  the 
district  to  incur  a  lionded  indebtedness,  it  shall,  by  resolution,  so  de- 
clare and  state  the  proposition  to  be  submitted  to  the  electors,  the  pur- 
pose for  wliieh  the  proi>osed  debt  is  to  be  inmrrod,  the  amount  of  debt 
to  be  incurred,  the  maximum  term  the  bonds  proposed  to  be  issued  shall 
run  before  maturity,  which  shall  not  exceed  forty  years,  anil  the  maxi- 
imim  rate  of  interest  to  be  paid,  which  shall  not  exceed  seven  per  cent 
per  annum.  The  board  of  directors  shall  fix  a  date  upon  which  an 
election  shall  be  held  for  the  purpose  of  authorizing  said  bonded  indebt- 
edness to   be  incurred.     It   shall  be   the   duty  of   the   board  of  directors 


2305  WATER  DISTRICTS.  Act  4349,  §§  16-18 

to  provide  for  holding  such  special  election  on  the  day  so  fixed  and  in 
accordance  with  the  general  election  laws  of  the  state  so  far  as  the 
same  shall  be  applicable,  except  as  herein  otherwise  provided.  Such 
board  of  directors  shall  give  notice  of  the  holding  of  such  election, 
which  notice  shall  contain  the  resolution  adopted  by  the  board  of  di- 
rectors of  the  water  district,  boundaries  of  precincts,  the  location  of 
polling  places,  and  the  names  of  the  officers  selected  to  conduct  the 
election,  who  shall  consist  of  one  judge,  one  inspector  and  two  clerks 
in  each  precinct.  Such  notice  shall  be  published  for  two  weeks  in  at 
least  one  newsjiaper  and  not  more  than  three  newspapers  published  in 
such  water  district,  which  newspaper  or  newspapers  shall  be  designated 
by  the  board  of  directors;  and  if  there  is  no  newspaper  printed  in  such 
water  disti'ict,  then  by  posting  such  notice  in  three  public  places  therein. 
All  the  expenses  of  holding  such  election  shall  be  borne  by  the  district. 
The  returns  of  such  election  shall  be  made,  the  votes  canvassed  by  said 
board  of  directors  on  the  first  Monday  following  said  election,  and  the 
results  thereof  ascertained  and  declared  in  accordance  with  the  general 
election  laws  of  the  state  so  far  as  they  may  be  applicable,  except  aa 
herein  otherwise  provided.  The  secretary  of  the  board  of  directors,  as 
soon  as  the  result  is  declared,  shall  enter  in  the  records  of  such  board 
a  statement  of  such  results.  No  irregularities  or  informalities  in  con- 
ducting such  election  shall  invalidate  tlie  same,  if  the  election  shall  have 
otherwise  been  fairly  conducted.  In  all  respects  not  otherwise  provided 
for  herein  said  election  shall  be  called,  managed  and  directed  as  is  by 
law  provided  for  general  elections  in  this  state  applicable  thereto,  except 
as  herein  otherwise  provided. 

Two-thirds  vote  necessary. 

§  16.  If  from  such  returns  it  appears  that  more  than  two'thirds 
of  the  votes  cast  at  such  election  were  in  favor  of  and  assented  to  the 
incurring  of  such  indebtedness,  then  the  board  of  directors  may,  by 
resolution,  at  such  time  or  times  as  it  deems  proper,  provide  for  the 
form  and  execution  of  such  bonds  and  for  .the  issuance  of  any  part 
thereof,  and  may  sell  or  dispose  of  the  bonds  so  issued  at  such  times  or 
in  such  manner  as  it  may  deem  to  be  to  the  public  interest. 

Value  of  bonds  issued. 

§  17.  Any  bonds  issued  by  any  district  organized  under  the  provisions 
of  this  act  are  hereby  given  the  same  force,  value  and  use  as  bonds 
issued  by  any  municipality  and  shall  be  exempt  from  all  taxation  within 
the  state  of  California. 

Power  to  construct  works   across   streets,    etc.    Right   of   way   through 
state  lands. 
§  18.     The   board    of   directors   shall    have   power   to    construct   works 
across  any  stream  of  water,  watercourse,  street,  avenue,  highway,  rail- 
way, canal,  ditch,  or  flume  which  the  route  of  said  works  may  intersect 
145 


Act  4349,  §§  19-22  general  laws.  2306 

or  crosj;  provided,  such  works  are  constructed  in  snch  manner  as  to 
afford  security  for  life  and  property,  and  said  board  of  directors  shall 
restore  the  crossings  and  intersections  to  their  former  state  as  near  as 
may  be,  or  in  manner  not  to  hav3  impaired  unnecessarily  their  useful- 
ness. Every  company  whose  right  of  way  shall  be  intersected  or  crossed 
by  said  works  shall  unite  with  said  board  of  directors  in  forming  said 
intersections  and  crossings  and  grant  the  rights  therefor.  The  right 
of  way  is  hereby  given,  dedicated  and  set  apart  to  locate,  construct 
and  maintain  said  works  over  and  through  any  of  the  lands  which  are 
now  or  may  be  the  property  of  this  state,  and  to  have  the  same  right? 
and  privileges  appertaining  thereto  as  have  been  or  may  be  granted  tu 
the  municipalities  within  the  state. 

Water  rates. 

§  19.  The  board  of  directors  shall  fix  all  water  rates  and  through  th^^ 
general  manager  collect  the  charges  for  the  sale  and  distribution  of 
water  to  all  consumers. 

Rate  to  pay  operating  expenses. 

§  20.  The  board  of  dirccturs  in  the  furnishing  of  water  shall  fix  su'^h 
rate  as  will  j)ay  the  operating  expenses  of  the  district,  provide  for  re 
pairs  and  depreciation  of  works  owned  or  operated  by  it.  pay  the  inter- 
est on  any  bonded  debt,  and,  so  far  as  possible,  provide  a  sinking  or 
other  fund  for  the  pa^'nient  of  the  principal  of  such  debt  as  it  may 
become  due;  it  being  the  intention  of  this  section  to  require  the  district 
to  pay  the  interest  and  principal  of  its  bonded  debt  from  the  revenues 
of  the  district. 

Tax  levy  to  pay  deficit. 

§  21.  If,  from  any  cause  the  revenues  of  the  district  shall  be  in 
adequate  to  pay  the  principal  or  interest  on  any  bonded  debt  as  it 
becomes  due,  then  the  board  of  directors  must  at  least  fifteen  day> 
before  the  first  day  of  the  month  in  which  the  board  of  supervisors  of 
the  county  or  city  and  county  in  which  such  water  district  is  locatcu 
is  required  by  law  to  levy  the  amount  of  taxes  required  for  county  or 
city  and  county  purjioses  and  furnish  to  the  board  of  supervisors  and 
to  the  auditor  respectively  an  estimate  in  writing  of  the  minimum 
amount  of  the  money  required  by  the  district  for  that  purpose,  and  the 
board  of  supervisors  of  such  county  or  city  and  county,  must  annually, 
at  the  time  and  in  the  manner  of  levying  other  county  or  city  and 
county  taxes,  levy  and  cause  to  be  collected  a  tax  to  be  known  as  the 
" county  district  water  tax." 

Levy  and  collection  of  tax. 

§  22.  Such  tax  shall  bo  levied  on  all  property  in  the  territory  com- 
prising the  district  and  shall  be  collected  at  the  same  time  and  in  the 
same  manner  and  form  as  county  tr.xes  are  collected  and  when  collected, 
shall  be  paid  to  the  district  for  "which  such  tax  was  levied  and  collected. 


2307  WATER  DISTRICTS.  Act  4349,  §§  23-26 

Such  tax  shall  be  a  lien  on  aU  the  property  within  the  territory  com- 
prising the  district  and  of  the  same  force  and  effect  as  other  liens  for 
taxes  and  lis  collection  shall  be  enforced  by  the  same  means  as  pro- 
vided for  in  the  enforcement  of  liens  for  state  and  county  taxes. 

Initiative. 

§  23.  Ordinances  may  be  passed  by  the  electors  of  any  county  water 
district  organized  under  the  provisions  of  this  act  in  accordance  with 
the  methods  provided  by  the  general  laws  of  the  state  for  direct  legis- 
lation applicable  to  counties. 

Referendum, 

§  24.  Ordinances  may  be  disapproved  and  thereby  vetoed  by  the 
electors  of  any  such  county  water  district  by  proceeding  in  accordance 
with  the  methods  provided  by  the  general  laws  of  the  state  for  protest- 
ing  against  legislation   by   counties. 

Adding  to  district. 

§  25.  Any  portion  of  a  county  or  any  municipality,  or  both,  may  be 
added  to  any  county  water  district  organized  under  the  provisions  of 
this  act,  at  any  time,  upon  petition  presented  in  the  manner  herein  pro- 
vided for  the  organization  of  such  water  district,  which  petition  may  be 
granted  by  ordinance  of  the  board  of  directors  of  such  water  district. 
Such  ordinance  shall  be  submitted  for  adoption  or  rejection  to  the  vote 
of  the  electors  in  such  water  district  and  in  the  proposed  addition,  at 
a  general  or  special  election  hald  as  herein  provided,  within  seventy  days 
after  the  adoption  of  such  ordinance.  If  such  ordinance  is  approved, 
the  president  and  secretary  of  the  board  of  directors  shall  certify  that 
fact  to  the  secretary  of  state  and  to  the  county  recorder  of  the  county 
in  which  such  water  district  is  located.  Upon  the  receipt  of  such  last- 
mentioned  certificate  the  secretary  of  state  shall,  within  ten  days,  issue 
his  certificate,  reciting  the  passage  of  said  ordinance  and  the  addition 
of  said  territory  to  said  district.  A  copy  of  such  certificate  shall  be 
transmitted  to  and  filed  with  the  county  clerk  of  the  county  in  which 
such  county  water  district  is  situated.  From  and  after  the  date  of  such 
certificate  the  territory  named  therein  shall  be  deemed  added  to  and 
form  a  part  of  said  county  water  district,  with  all  the  rights,  privileges 
and  powers  set  forth  in  this  act  and  necessarily  incident  thereto. 

Other  water  acts  not  repealed. 

§  26.  Nothing  in  this  act  shall  be  so  construed  as  repealing  or  in  any 
wise  modifying  the  provisions  of  any  other  act  relating  to  water  or 
the  supply  of  water  to,  or  the  acquisition  thereof  by  counties  or  muni- 
cipalities within  this  state.  The  term  "municipality,"  as  used  in  this 
act,  shall  include  a  consolidated  city  and  county,  city  or  town,  and  shall 
be  understood  and  so  construed  as  to  include,  and  is  hereby  declared  to 
include,  all  corporations  heretofore  organized  and  now  existing  and  those 
hereafter  organized  for  municipal  purposes  within  such  water  districts. 


Act  4349a,  §  1  gener.vl  laws.  2308 

The  term  "county"  shall  be  understood  and  construed  to  include  "city 
and  county."  In  municipalities  in  which  there  is  no  mayor  the  duty 
imposed  upon  said  officer  by  the  provisions  of  this  act  'shall  be  per- 
formed by  the  president  of  the  board  of  trustees  or  other  chief  execu- 
tive of  the  municipality.  The  word  "district"  shall  apply,  unless  other- 
wise expressed  or  used,  to  a  water  district  formed  under  the  provisions 
of  this  act,  and  the  word  "board"  and  the  words  "board  of  directors" 
shall  apply  to  the  board  of  directors  of  such  district. 

Duties  performed  by  registrar  of  voters. 

§  27.  Whoiievcr  a  rcj,M.str;ir  of  voters  in  any  county,  or  city  and 
county,  shall  be  appointed,  or  elected,  under  the  provisions  of  law,  or 
charter  providing  therefor,  the  duties  imposed  on  the  county  clerk  by 
the  provisions  of  this  act  shall  be  performed  by  the  registrar  of  voters 
with  like  effect,  and  in  such  case  all  papers  or  documents  required  to 
be  filed  with  the  county  clerk  s-hall  be  filed  with  said  registrar  of 
voters  when  so  appointed  or  elected. 

ACT  4349a. 

An  act  providing  for  the  organization  of  water  districts  by  the  board 
of  supervisors  of  the  different  counties  of  the  state  upon  petition 
therefor  by  the  land  owners;  providing  for  the  joint  government 
and  control  thereof  by  the  land  owners  thereof  and  the  board  of 
supervisors  of  the  county  in  which  the  same  are  formed;  providing 
for  the  duties  in  connection  therewith  of  the  county  officials  of  each 
county  in  which  any  of  the  lands  contained  in  said  district  are 
located;  providing  for  the  acquisition  and  construction  by  said  dis- 
trict of  irrigation  works,  for  the  irrigation  of  the  lands  embraced 
therein  and  for  the  distribution  thereby  of  water  for  irrigation  pur- 
poses; providing  for  the  payment  of  the  debts  thereof  by  a  tax 
levied  on  the  lands  embraced  therein;  providing  for  the  issuance 
and  sale  of  bonds  thereby;  providing  that  said  bonds  may  be  in- 
vestigated by  an  appointive  board  of  three  hydratilic  engineers; 
providing  for  the  ajiproval  of  said  bonds  by  the  state  superin- 
tendent of  banks  in  case  said  investigation  is  favorably  reported 
and  that  thereafter  said  bonds  may  be  lawfully  purchased,  or  re 
ceived  in  pledge  as  security  for  any  money  or  deposits  or  for  the 
performance  of  any  act,  by  banks,  banking  institutions,  insurance 
companies,  trust  companies,  guardians,  executors,  administrators  and 
special  administrators;  provi<ling  in  certain  cases  for  the  transfer  of 
districts  from  the  supervision  of  one  county  board  of  supervisors 
to  another;  and  providing  for  the  dissolution  of  said  districts  for 
nonuser  of  corporate  power. 

[Approved   .June    13,   1913.     Stats.    11)13,    p.   81.1.] 

Organization  of  water  districts.     Petition.     "Evidence  of  title." 

§  1.  The  holders  of  title  or  eviilence  of  title  to  a  majority  in  area 
of  lands  which  are  susceptible  of  irrigation  from  a  common  source  and 


2309  WATER  DISTRICTS.  Act  4349a,  §  2 

by  the  same  system  of  works  may  propose  the  organization  of  a  water 
district  by  signing  and  presenting  to  the  board  of  supervisors  of  the 
county  in  which  the  lands  or  the  greater  part  thereof  are  situated,  at 
any  of  its  regular  meetings,  a  petition  setting  forth  the  following 
facts, — that  tlipy  propose  to  form  under  the  provisions  of  this  act  a 
water  district  to  be  known  as  the  "( )  Water  District";  the  bound- 
aries thereof;  a  description  of  the  lands  contained  therein  Ijy  legal  sub- 
divisions or  other  boundaries,  specifying  the  county  in  which  the  same 
are  located;  the  number  of  acres  in  the  proposed  district  and  in  each 
parcel  or  tract  of  land  contained  therein  with  the  names,  if  known,  of 
the  owners  thereof,  and,  if  not,  designating  them  as  "unknown";  the 
place  where  the  principal  business  thereof  is  proposed  to  be  transacted; 
and  the  source  or  sources  (which  may  be  in  the  alternative)  from  which 
said  lands  are  proposed  to  be  irrigated.  The  words  "title  or  evidence 
of  title"  as  used  in  this  section  include  the  possessory  rights  of  entry- 
men  or  purcliasers  of  public  lands  under  any  law  of  the  United  States 
or  of  this  state  whether  evidenced  by  receipts  or  otherwise.  The 
records  of  the  United  States  land  office  for  the  district  in  which  said 
lands  are  located;  the  records  of  the  state  land  office;  and  the  records 
in  the  office  of  the  county  recorder  of  the  county  in  which  said  lands 
are  situated  shall  be  conclusive  evidence  of  ownership  for  the  purposes 
of  this  section. 

Publication  of  petition.  Fixing  boundaries.  District  declared  organized. 
§  2.  A  cop}'  of  said  petitioii  and  a  notice  signed  by  one  or  more 
of  the  petitioners  stating  the  time  and  place  at  which  the  petition  will 
be  presented  to  and  heard  by  the  board  of  supervisors  shall  be  published 
once  a  week  for  four  weeks  in  some  newspaper  of  general  circulation 
published  in  the  county  where  sai4  proceedings  are  to  be  held.  Proof 
of  publication  must  be  attached  to  the  petition  and  filed  with  the  clerk 
of  the  board  on  or  before  the  day  on  which  the  petition  is  presented. 
During  the  hearing,  or  any  continuations  thereof  until  concluded,  the 
board  must  keep  a  full  and  complete  record  of  all  the  proceedings  and 
shall  preserve  the  evidence  of  all  persons  appearing  and  testifying 
therein.  If,  at  the  hearing,  it  shall  appear  that  the  petition  has  been 
prepared  and  presented  in  the  manner  required  by  law  and  that  it  con- 
tains the  required  and  properly  qualified  signatures  thereto,  the  board 
shall  enter  its  order  approving  the  same.  Thereupon  the  board  shall 
fix  the  boundaries  of  the  district  and  to  that  end  may  exclude  there- 
from any  lands  improperly  included  therein  by  the  petitioners;  and  after 
a  hearing  thereon  pursuant  to  a  notice  thereof  published  for  the  time 
and  in  the  manner  required  for  the  publication  of  the  petition  (proof 
whereof  has  been  filed  with  the  clerk  of  the  board  on  or  before  the  date 
of  said  hearing)  shall  include  in  said  district  any  land  which  shall  ap- 
pear to  have  been  improperly  excluded  therefrom  by  the  petitioners; 
and  the  board  shall  appoint  until  such  time  as  their  successors  are 
elected  and  shall  have  qualified  as  in  this  act  provided  and  from  among 


Aet4349a,  §§3,  4 


GENERAL  LAWS. 


2310 


those  qualified  to  serve,  a  board  of  directors  and  an  assessor.  The 
various  orders  of  the  board  approving  the  petition,  fixing  the  boundaries 
of  the  district  and  appointing  its  officials  shall  be  indorsed  upon  or  at- 
tached to  the  petition,  and  be  signed  by  the  president  and  attested  by 
the  clerk  of  the  board  and  it  must  then  be  by  them  filed  for  record  with 
the  county  recorder  of  each  county  in  whicli  any  of  the  lands  contained 
in  Eaid  district  are  located,  and  by  him  recorded  in  a  book  kept  by 
him  for  the  purpose  of  recording  instruments  and  writings  relating  to 
said  district.  When  said  documents  have  been  so  recorded,  the  district 
shall  be  and  is  hereby  declared  to  be  legally  organized  and  shall  have 
power  to  sue  and  be  sued. 

Determination  of  legality  of  district. 

§  3.  Any  district  formed  hereunder,  in  order  to  determine  the  legal- 
ity of  its  e.xistence,  may  institute  a  procee<ling  therefor  in  the  superior 
court  of  the  county  in  which  it  was  organized  by  filing  witli  the  clerk 
of  said  county  a  complaint  setting  forth  the  name  of  the  district,  its 
exterior  boundaries,  the  date  of  its  organization  and  a  prayer  that  it  be 
adjudged  a  legal  water  district  formed  under  the  provisions  of  this  act. 
Tiie  summons  in  such  proceeding  shall  be  served  by  publishing  a  copy 
thereof  once  a  week  for  four  weeks  in  some  newspaper  of  general  cir- 
culation published  in  each  county  in  which  any  of  the  lands  contained 
in  said  district  are  located.  Within  thirty  days  after  the  last  publica- 
tion thereof  shall  have  been  completed  and  proof  thereof  fikd  with  the 
complaint  any  person  interested  may  appear  and  answer  said  complaint, 
in  which  case  said  answer  shall  set  fortii  the  facts  relied  upon  to  show 
the  invalidity  of  the  district.  If  no  answer  shall  be  filed  within  said 
time  the  court  must  render  judgment  as  prayed  for  in  the  complaint. 
If  an  answer  be  filed  the  court  shall  proceed  as  in  other  civil  cases. 
Said  proceeding  is  hereby  declared  to  be  a  proceeding  in  rem  and  the 
judgment  rendered  therein  shall  be  conclusive  against  all  persons  whom 
soever  and  against  the  state  of  California. 

By-laws.    Evidence  of  ownership. 

§  4.  The  district  must  adopt  for  the  government  and  control  of  its 
atTairs  a  code  of  by-laws,  not  inconsistent  with  the  constitution  and  laws 
of  the  state  or  the  provisions  of  this  act.  Sixty  days  after  they  shall 
have  qualified  for  office  the  board  of  directors  shall  prepare  by-laws  for 
the  written  approval  of  the  board  of  supervisors  of  the  county  in  which 
the  district  was  organized,  and,  when  said  bylaws  are  approved,  shall 
adopt  the  same  by  resolution  entered  in  the  minutes  of  the  meeting, 
unless,  i>rior  thereto,  by-laws  shall  have  been  adopted  and  filed  with  the 
secretary  of  the  district  by  the  written  assent  of  the  holders  of  title 
or  evidence  of  title,  including  such  aforesaid  possessory  rights,  to  a 
majority  in  area  of  the  lands  embraced  in  said  district.  The  records  of 
the  United  States  land  ofTice  for  the  district  in  which  said  lands  are 
located;  the  records  of  the  state  land  office;  and  the  records  in  the 
office  of  the  countv  recorder  of  the  county  in  which  said  lands  are  situ- 


2311  WATER  DISTRICTS.  Act  4349a,  §  5 

ated  shall  be  eonelusive  evidence  of  ownership  for  the  purposes  of  this 
section.  The  by-laws  shall  provide  for:  the  manner  of  calling,  and  the 
time,  place  and  manner  of  conducting  all  elections  and  the  manner  of 
givinfj  notice  thereof;  the  mode  of  voting  in  person  or  by  proxy;  the 
qualifications  and  duties  of  officers,  the  tenure  of  their  office,  the  time 
and  manner  of  their  apj)ointment  or  election;  their  compensation;  the 
place  at  which  the  princijial  business  of  the  district  is  to  be  transacted 
and  the  mode  of  changing  the  same;  the  mode  of  amending  or  repealing 
the  by-laws  and  suitable  penalties  for  the  violation  of  the  by-laws  not 
to  exceed  in  any  one  case  two  hundred  dollars  for  any  one  offense. 
The  by-laws  may  be  repealed  or  amended,  or  new  by-laws  may  be 
adopted  by  the  assent  of  two-thirds  of  the  total  vote  of  the  district 
given  either  in  writing  or  by  ballot  cast  at  an  election  of  the  district. 
The  by-laws  in  their  original  form,  and  any  repeal  thereof,  or  amend- 
ment or  addition  thereto,  must,  together  with  the  approval  of  the  board 
of  supervisors  and  the  resolution  of  the  directors,  or  the  written  assent 
thereto  or  a  memorandum  of  the  returns  of  the  election  at  which  the 
assent  was  given,  be  certified  by  a  majority  of  the  directors  and  the 
secretary  of  the  district  and  must  be  filed  for  rel?ord  with  the  county 
recorder  of  each  county  in  which  any  of  the  lalds  contained  in  said 
district  are  located  and  by  him  recorded  in  a  book  Kept  by  him  for  the 
purpose  of  recording  instruments  and  writings  relating  to  said  district. 
Until  so  recorded,  no  by-law,  addition  thereto,  amendment  or  repeal 
thereof,  can  be  enforced  against  any  person  not  having  actual  notice  of 
the  same. 

Officers  of  district.     Vacancies.     Salaries. 

§  5.  The  officers  of  the  district  shall  be  a  board  of  five  directors,  a 
secretary,  and  an  assessor,  all  of  whom  shall,  except  as  herein  otherwise 
provided,  be  elected  by  ballot,  except  the  secretary  who  shall  be  ap- 
pointed by  the  board  of  directors.  No  person  shall  be  qualified  to  hold 
any  of  said  offices,  except  that  of  secretary,  unless  he  is  a  holder  of 
title  or  evidence  of  title,  including  such  aforesaid  possessory  rights,  to 
lands  contained  in  the  district.  Each  appointee  to  office  or  officer-elect 
shall  forfeit  his  office  unless  within  ten  days  after  he  has  notice  of  his 
election  or  appointment  or  before  the  expiration  of  ten  days  from  the 
commencement  of  his  term  of  office,  when  no  such  notice  is  given,  he 
shall  have  filed  for  record  with  the  county  recorder  of  each  county  in 
which  any  of  the  lands  contained  in  said  district  are  located,  a  written 
acceptance  of  his  office  which  shall  be  recorded  in  a  book  kept  for  the 
purpose  of  recording  instruments  and  writings  relating  to  the  district. 
If  any  office  shall  become  vacant  by  forfeiture,  death,  resignation,  or 
from  any  other  cause,  the  same  shall  be  filled  by  appointment, — by  the 
board  of  directors  in  case  of  vacancy  in  the  office  of  secretarj-,  and  by 
the  board  of  supervisors  of  the  county  in  which  the  district  was  organ- 
ized in  all  other  cases.  Until  such  time  as  their  salaries  shall  have  been 
fixed  by  the  adoption  of  by-laws,  the  officers  of  the  district  shall  receive 


Act  4349a,  §§6,7 


GENERAL  LAWS. 


2312 


the  following  compensation  for  their  services:  the  secretary  and  assessor 
siK'li  sum  each  as  shall  he  fixed  by  the  boari]  of  directors;  and  the 
directors  five  dollars  each  for  each  directorj;'  meeting  attended  or  for 
each  day's  service  ren<lcred  as  a  director  by  order  of  the  board  of 
directors,  together  with  any  expenses  incident  to  such  service,  except 
expenses  incurreil  in  traveling  between  his  place  of  residence  and  the 
place  at  which  dircrktrs'  meetings  are  lield. 

Organization  of  board;  meetings,  etc.  Quorum.  Records  open  to  inspec- 
tion. 
§  6.  The  board  of  directors  shall  choose  from  among  its  members  a 
president;  shall  appoint  the  secretary  of  the  district;  shall  select  and 
maintain  an  oUice  for  the  district  in  the  principal  place  of  business 
thereof  and  shall  hold  regular  meetings  therein  at  such  time  and  place 
as  may  be  agreed  upon  by  resolution  adopted,  and  shall  hold  therein 
such  other  meetings  as,  from  time  to  time,  may  be  deemed  advisable; 
provided,  that  no  meetings,  except  regular  meetings,  shall  be  valid  un- 
less prior  thereto  each  director  shall  have  filed  with  the  secretary  his 
written  consent  to  the  same,  or  unless  the  president,  or  three  members 
of  the  board  of  directors,  shall  have  called  the  same  by  giving  each  of 
said  directors  five  dflys'  written  notice  thereof,  or  unless  said  directors 
shall  have  authorized  the  same  by  resolution  adopted  at  a  former  meet- 
ing and  shall  have  caused  five  days'  written  notice  thereof  to  be  given 
by  the  secretary  to  each  director  not  joining  therein.  A  majority  of 
the  board  of  directors  shall  constitute  a  quorum  for  the  transaction  of 
business.  The  vote  of  a  majority  of  those  present  at  any  meeting  where 
a  quorum  is  had  shall  be  necessary  to  determine  any  proposition  or 
resolution  presented.  The  secretary  shall  keep  a  record  of  all  the  pro- 
ceedings had  at  meetings  of  the  board  of  directors.  The  books,  maps, 
]ia|i(Ms,  contracts,  records  and  other  documents  pertaining  to  tl\e  affairs 
of  the  district  sliall  be  tiled  in  the  oflice  of  the  district  with  the  secre- 
tary and  must  be  open  to  inspection  at  all  times  by  any  persons  inter- 
ested. 

Duties  and  powers  of  board.  Not  to  let  contracts  until  bonds  are  sold. 
§  7.  It  shall  be  the  duty  of  the  board  of  directors  to  manage  and 
conduct  the  alVairs  of  the  district  and  to  that  end  it  shall,  in  the  name 
of  the  district,  have  i>o\ver  to  plan,  construct,  maintain  and  keep  in 
repair  the  irrigation  works  necessary  or  proper  to  supply  the  lands  con- 
tained therein  with  sufficient  water  for  irrigation  purposes;  to  acquire 
hv  purchase,  condemnation  or  other  legal  means  all  water,  water  rights, 
hinds,  properties  or  rights  in  properties  necessary  or  proper  therefor;  to 
lease  or  sell  for  a  valuable  consideration  any  property,  or  right  in  prop 
erty,  belonging  to  the  district  and  no  longer  necessary  to  its  use  and 
purpose;  to  take  conveyances,  contracts,  leases  or  other  assurances  for 
propertv  acquired  by  tiie  district  under  the  provisions  of  this  act;  to 
execute  by  its  president  and  secretary  all  contracts,  leases,  conveyances 
and  other  documents  uecetsary  to  carry  out  the  duties  and  powers  speci- 


2313  WATER  DISTRICTS.  Act  4349a,  §  8 

fied  heroin;  to  institute,  maintain  and  defend  in  person,  or  by  attorneys, 
all  actions,  proceedings  or  suits  at  law  or  in  equity  necessary  or  proper 
to  carry  out  the  provisions  of  this  act,  or  to  enforce,  maintain,  protect 
or  preserve  the  riglits,  privileges  and  immunities  created  by  or  acquired 
in  pursuance  thereof;  to  establish,  print  and  distribute  among  the  land 
owners  of  the  district  equitable  rules  and  regulations  for  the  distribu- 
tion of  water;  to  enter,  for  the  above  purposes,  either  in  person  or  by 
its  agents  or  employees,  in  and  upon  any  lands  contained  in  the  district; 
.to  employ  or  fix  the  salary  of  such  persons  as  may  be  necessary  or  proper 
to  fully  carry  out  the  uses  and  purposes  of  the  district;  and  to  do  any 
other  lawful  thing  necessary  or  proper  to  carry  out  the  provisions  of 
this  act  or  the  uses  and  purposes  for  which  the  district  is  formed;  pro- 
vided, however,  that  the  board  of  directors  shall  not  let,  or  enter  into, 
a  contract  for  the  construction  of  irrigation  works,  nor  shall  said  board 
of  directors  construct  the  same  by  employees  of  the  district  until  an 
election  has  been  called  and  held  to  determine  whether  or  not  bonds  of 
the  district  shall  be  issued  as  provided  in  section  13  of  this  act,  nor, 
in  case  bonds  are  voted,  until  eighty-five  per  cent  of  the  total  amount 
of  said  bond  issue  has  been  sold  and  the  money  received  thereon,  as 
provided  in  section  18  hereof. 

Annual  estimate  of  funds  needed.     Assessment.     Hearing  of  objections. 

Tax    rate.     Charge    against    each    paxcel    computed.     Appeal    from 

decision  of  supervisors. 
§  8.  Between  thirty  and  ninety  days  after  the  organization  of  the 
district,  and  between  said  dates  annually  thereafter,  the  board  of 
directors  must  file  with  the  clerk  of  the  board  of  supervisors  of  the 
county  in  which  said  district  was  organized  an  estimate  of  the  sum  re- 
quired by  the  district  to  discharge  the  unpaid  matured  obligations 
thereof  at  that  date  and  the  obligations  thereof  that  will  mature  or 
that  it  is  probable  will  be  incurred  and  mature  during  the  two  years 
next  following,  specifying  that  portion  of  said  estimate  which  will  be 
required  for  the  payment  of  bonds  and  of  the  interest  on  bonds.  Be- 
tween the  date  on  which  the  district  was  organized  and  ninety  da.ys 
thereafter,  and  between  said  dates  in  each  succeeding  year,  the  assessor 
must  view  the  lands  of  the  district  and  assess  each  parcel  or  tract  of 
land  contained  therein  at  the  cash  value  of  the  benefit  derived  by  it 
from  the  construction  and  maintenance  or  proposed  construction  and 
maintenance  of  irrigation  works  and  said  assessor  must,  within  said 
time,  file  with  the  clerk  of  said  board  of  supervisors,  an  assessment- 
book,  with  appropriate  headings,  in  which  must  be  listed  each  parcel  or 
tract  of  land  within  the  district,  specifying, —  (1)  the  name,  if  known, 
(and,  if  unknown,  stating  that  fact)  of  the  holder  of  title  or  evidence 
of  title,  including  such  aforesaid  possessory  rights,  thereto;  (2)  the 
description  thereof  by  legal  subdivisions,  metes  and  bounds,  or  other 
boundaries  sufficient  to  identify  the  same;  and  (3)  the  value  assessed 
thereon.  If  the  district  is  contained  in  more  than  one  county,  then  the 
assessment-book   shall   be   prepared  with   a   separate   part   in  a   separate 


Act  4349a,  §  8 


GENERAL   LAWS. 


2314 


volume  for  the  lands  of  each  county.  Within  sirtv  days  after  the  said 
estimate  and  the  said  assessment  list  shall  have  been  filod  as  above  pro- 
vided, the  said  board  of  supervisors,  acting  as  a  board  of  equalization, 
shall  meet  and  hear  any  verified,  written  objections,  stating  the  ground 
therefor,  to  the  assessment  as  made,  which  objections  shall,  prior  to  the 
hearing,  be  filed  with  the  clerk  of  said  board.  Prior  to  the  hearing, 
and  during  the  office  hours  of  said  board  of  supervisors,  the  assessment 
list  shall  be  open  to  public  inspection.  At  the  hearing,  which  must  be 
continued  from  time  to  time  until  completed,  the  said  board  of  super- 
visors shall  hear  the  evidence  offered  in  support  of  the  objections  pre- 
sented and  shall  add  to  or  deduct  from  the  valuation  assessed  to  any 
tract  or  parcel  of  land  such  per  centum  thereof  as  shall  be  sufficient 
to  raise  it  or  reduce  it  to  the  full  ca.'sh  value  of  the  benefit  deri\ed 
by  said  tract  or  parcel  of  land  from  the  construction  or  maintt-nauce 
or  proposed  construction  and  maintenance  of  irrigation  works  and  shall 
fix  the  value  of  any  lands  contained  in  said  district  that  shall  not 
have  been  so  assessed.  Thereupon,  and  before  said  hearing  is  closed, 
the  assessor  shall  have  the  total  valuation  of  all  the  lands  assessed 
extended  into  columns,  ailded  and  a  statement  thereof  made.  When 
said  statement  is  completed,  the  board  of  supervisors  must  fix  such  ad 
valorem  rate  of  taxation  upon  each  hundred  dollars  in  value  of  the  lands 
so  assessed  as  will  raise  the  sum  specified  in  said  estimate.  Any  charges 
in  or  additions  to  said  list  shall  be  entered  in  said  assessment-book  in 
the  projier  place  therefor  and  the  order  therefor  shall  be  indorsed  on 
the  margin  of  the  entry  and  signed  by  the  ['resident  and  attested  by 
the  secretary  of  said  boarl  of  supervisors.  The  order  of  the  board 
of  supervisors  apj>roving  the  assessment,  the  statement  of  the  assessor 
showing  the  total  valuation  of  the  property  assessed,  the  order  fixing 
the  rate  of  taxation  thereon,  and  the  estimate  of  the  sum  required  by 
the  board  of  directors  of  the  district  for  the  expense  thereof  during 
the  two  years  next  following  shall  be  signed  by  the  president  and  at- 
tested by  the  secretary  of  the  district  and  shall  be  attached  to  the 
assessment-book  on  the  last  volume  thereof,  unless  the  lands  of  the 
district  are  contained  in  more  th.Tn  one  county,  in  which  case  a  copy 
thereof  shall  be  signed  and  attached  in  a  similar  manner  to  each  sepa 
rate  part  of  the  assessment-book.  Within  ten  ilays  after  the  hearing 
is  coniplctod,  the  assessor  shall  compute  and  ch:irge  in  the  assessment- 
book  in  a  place  provided  therefor  in  the  record  of  each  parcel  or  tract 
of  land  assessed  the  amount  of  the  tax  due  thereon  and  shall  file  each 
said  separate  part  of  the  assessment-book  with  the  county  tax  collector 
of  the  county  in  which  the  lands  therein  assesse.l  are  located  and  there- 
after the  charges  therein  taxed  shall  be  due  and  payable  to  the  county 
tax  collector  of  the  county  in  which  the  lands  on  which  they  are  taxed 
are  situated.  The  various  orders  of  the  board  of  supervisors  made  at 
the  hearing  shall  be  final  and  when  inilorsed  on  or  attached  to  the 
assessment-book  shall  be  couclusive  evidence  that  the  assessment  was 
made   and   the   tax   levied   in   accordance   with   the   law;    provided,   how- 


2315  WATER  DISTRICTS.  Act  4349a,  §§  9, 10 

ever,  that  any  person  interested  in  lands  of  the  district  and  agfjricved  by 
the  decision  ot  the  board  of  supervisors  may,  in  order  to  have  said 
assessment,  or  the  tax  levied  thereon,  corrected,  modified,  or  annulled,  in- 
stitute an  action  therefor  in  the  superior  court  of  the  county  in  which 
said  district  was  organized.  No  action  to  determine  the  validity  in 
any  respect  of  any  such  assessment,  or  tax  levied  thereon,  shall  be 
maintained  unless  the  same  shall  have  been  commenced  within  thirty 
days  after  the  assessment-book,  or  each  separate  part  thereof,  is  filed 
with  said  county  tax  collector  as  above  provided,  and  no  objection  to 
the  assessment  shall  be  considered  by  said  board  of  supervisors  or 
.allowed  in  any  otlier  action,  or  proceeding,  unless  such  objection  shall 
have  been  made  in  writing,  verified  and  presented  to  the  clerk  of  the 
board  of  supervisors  in  the  manner  herein  required. 

Assessment  lien  on  property. 

§  9.  From  and  after  the  filing  of  the  assessment-bonk,  or  separate 
part  thereof,  with  said  county  tax  collector,  as  provided  in  section 
8  of  this  act,  the  charges  therein  taxed  upon  any  tract  or  parcel  of  land 
within  the  county  for  which  he  is  the  tax  collector  and  any  penalties 
added  thereto  as  hereafter  provided  shall  constitute  a  lien  thereon  and 
shall  impart  notice  thereof  to  all  persons. 

Delinquency  notice.     Publication. 

§  10.  Within  ten  days  after  each  tax  shall  have  become  due  and 
payable,  the  assessor  shall  publish  in  some  newspaper  of  general  cir- 
culation published  in  the  county  in  which  the  district  was  organized, 
a  notice  stating  that  the  same  became  due  and  payable  on  (inserting 
date)  to  the  county  tax  collector  of  the  county  in  which  the  lands 
on  which  the  charge  therefor  is  a  lien  are  located  and  that  unless  paid 
within  six  calendar  months  from  said  date  the  same  will  become  delin- 
quent, an  additional  charge  of  ten  per  cent  thereof  added  thereto  and 
the  delinquent  property  sold  at  public  auction.  The  tax  must  be  paid 
in  United  States  gold  coin  and  the  tax  collector  must  mark  the  date 
of  payment  in  the  assessment-book  opposite  the  name  of  the  person 
paying,  and  must  give  to  such  person  a  receipt,  specifying  the  property 
taxed,  the  amount  of  the  charge  thereon  and  the  amount  paid,  and  there- 
after must  pay  the  moneys  so  received  to  the  county  treasurer  of  said 
county,  who  must  pay  the  same  to  the  county  treasurer  of  the  county 
in  which  said  district  was  organized,  and  he  shall  place  the  same  to 
the  credit  of  the  district.  As  soon  as  possible  after  the  tax  shall  be- 
come delinquent  the  assessment-book  and  each  separate  part  thereof 
shall  be  returned  to  the  secretary  of  the  district  and  the  board  of 
directors  thereof  shall  publish  once  a  week  for  three  weeks  in  some 
newspaper  of  general  circulation  published  in  the  county  in  which  said 
district  was  organized  a  notice  containing  a  description  of  the  delin- 
quent property;  the  name,  if  known,  and,  if  unknown,  stating  that  fact, 
of   the  person   to   whom  it  is   assessed;    the  amount   of   the   taxes  and 


Act  4349a,  §11 


GENERAL   LAWS. 


2316 


penalties  due  thereon;  and  a  statement  that  the  delinquent  property 
will  be  sold  therefor  in  front  of  the  courthouse  of  said  county  on  a  date 
im. e,ii  Miite'i,  wnicii  unist  be  not  less  than  twenty-one  or  more  than 
twenty-eight  days  from  the  first  publication,  unless  an  error  is  made  in 
the  publication  and  discovered  prior  to  the  sale,  in  which  case  the 
notice  shall  be  republished  in  the  same  manner,  specifying  the  sale 
for  a  date  not  less  than  twenty-one  or  more  than  twenty-eight  days 
from  the  first  republication. 

Purchaser.  Certificates  of  sale.  Eedemption  of  property.  Deed  after 
one  year.  Sale  by  district  purchasing. 
§  11.  At  the  time  and  place  stated  in  said  notice  or  at  such  other 
time  (written  notice  whereof  has  been  posted  at  the  place  of  sale)  to 
which  the  board  of  directors  may  have  postponed  it,  not  exceeding  thirty 
days  in  all  from  the  original  date  of  sale,  that  person  is  the  purchaser 
who  will  immediately  pay  in  gold  coin  of  the  United  States  the  delin- 
quent tax  and  the  penalty  thereon  for  the  smallest  portion  of  the  delin 
quent  projierty,  or  in  case  an  undivided  interest  is  taxed,  then  the 
smallest  portion  of  the  interest.  In  case  there  is  no  purchaser  in  good 
faith  for  the  same  the  whole  amount  of  the  delinquent  property  shall, 
for  the  amount  of  the  tax  and  penalty  thereon,  be  struck  off  to  the 
district  as  the  purchaser.  A  certificate  of  sale  shall  be  executed  in 
duplicate  by  the  board  of  directors,  one  of  which  shall  be  delivered  to 
the  purchaser  or  to  the  district,  if  the  property  shall  have  been  struck 
off  to  the  district,  and  the  other  of  which  shall  be  reconled  in  the  office 
of  the  county  recorder  of  the  county  in  which  the  property  sold  is 
located.  The  certificate  shall  be  ilated  the  day  of  the  sale  and  shall 
specify — the  descrijttion  of  the  pro|>erty  sold;  the  name,  if  known,  and 
if  not,  stating  that  fact,  of  the  i»erson  to  whom  it  was  assessed;  the  fact 
that  it  was  sold  for  the  amount  of  the  tax  an«l  penalty  thereon,  giving 
the  amount  and  year  of  said  tax;  and  the  date  on  which  the  purchaser 
will  be  entitled  to  a  deed.  The  recorder  upon  receiving  the  certificates 
of  sale  must,  when  he  records  the  same,  enter,  in  a  book  provided  for 
that  purpose  and  kept  with  the  book  provided  for  the  purjiose  of  re- 
cording instruments  and  writings  relating  to  the  district,  a  description 
of  the  land  sold,  corresponding  with  the  description  in  the  certificate, 
the  date  of  sale,  the  name  of  the  purchaser,  and  the  amount  paid.  The 
entries  in  said  book  shall  be  numbered  consecutively  on  the  margin 
thereof  and  a  corresponding  number  shall  be  indorsed  on  the  certificate. 
At  the  time  of  the  sale  the  board  of  directors  shall  indorse  in  tha 
assessment-book  opposite  the  description  of  Ihe  property,  the  portion 
of  the  same  sold  for  taxes  and  penalties,  with  the  date  of  sale  and 
name  of  purchaser,  and  shall  thereafter  jniy  to  the  tax  collector  of  the 
county  in  which  the  lands  sold  are  located  the  amount  received  on  the 
sale  thereof  and  shall  return  said  assessment-book,  or  any  such  separate 
l>art  thereof,  to  the  county  tax  collector  from  whom  the  same  was  re- 
ceived, who  must  keep  and  file  the  same  for  the  use  and  benefit  of  the 
district.     Any   person   interested   in   any   property   sold   may   redeem   the 


2317  WATER  DISTRICTS.  Act  4349a,  §  12 

same  within  one  year  from  the  date  of  sale  by  paying  in  gold  coin  of 
the  United  States  to  the  county  tax  collector  of  tlie  county  in  which  the 
property  is  located,  and  in  trust  for  the  purchaser  or  his  assignees,  the 
amount  for  which  the  same  was  sold,  together  with  interest  thereon  at 
the  rate  of  two  per  cent  per  month  from  the  date  of  sale,  and  the  tax 
collector  must  give  him  a  receipt  tiierefor,  specifying  therein  a  description 
of  the  property  redeemed,  the  name  of  the  purchaser  and  the  date  of  sale, 
and  he  shall  credit  the  amount  so  paid  to  the  purchaser  and  shall  there 
after  pay  the  same  on  demand  to  the  purchaser  or  his  assignee.  The 
county  recorder  of  the  county  in  which  is  located  the  property  redeemed 
shall,  upon  presentation  of  the  tax  collector's  receipt  for  said  amount, 
mark  the  word  "redeemed,"  the  date  and  by  whom  redeemed  on  both  the 
record  of  the  certificate  of  sale  of  said  property  and  on  the  margin  of 
xhe  memorandum  thereof  made  in  the  book  kept  for  that  purpose.  If 
no  redemption  shall  be  made  within  said  one  year,  the  purchaser,  or 
the  district,  if  said  property  shall  have  been  sold  to  the  district,  shall  be 
entitled  to  a  deed  executed  by  the  board  of  directors,  and  said  deed 
shall  contain  all  the  recitals  of  the  certificate,  and  when  duly  ac- 
knowledged shall  be  (except  as  against  actual  fraud)  conclusive  evidence 
of  the  regularity  of  all  proceedings  from  the  assessment  to  the  execution 
of  said  deed,  inclusive,  and  said  deed  will  convey  to  the  grantee  the 
absolute  title  to  the  lands  described  therein,  free  of  all  encumbrances, 
except  state,  county,  municipal  or  subsequent  district  taxes,  and  ex- 
cept when  the  land  is  owned  by  the  United  States  or  this  state,  in 
which  case  it  is  the  prima  facie  evidence  of  the  right  of  possession. 
All  property  sold  for  taxes  to  the  district  shall  subsequently  be  assessed 
for  district  taxation  as  though  it  had  never  been  sold,  but  it  shall 
not  again  be  sold  for  delinquent  tax,  as  long  as  it  is  owned  by  the  dis- 
trict. The  title  acquired  by  the  district,  in  case  it  becomes  the  pur- 
chaser at  a  delinquent  tax  sale  of  the  district,  may,  subject  to  the 
right  of  redemption  herein  provided,  be  sold  at  public  auction  or 
private  sale,  but  such  sale  shall  not  be  made  for  less  than  the  reason- 
able market  value  of  the  property,  or  for  less  than  the  amount  of  the 
taxes  levied  thereon,  plus  any  penalties  that  may  have  been  added 
'  thereto. 

Additional  tax  in  case  of  failure  or  error. 

§  12.  If  for  any  reason  any  tract  or  parcel  of  land  contained  within 
the  district  shall  not  have  been  charged  with  its  portion  of  any  tax 
levied,  or  if  the  tax  levied  on  any  tract  or  parcel  of  land  shall  be 
adjudged  invalid  by  any  court  of  competent  jurisdiction,  then  such 
tract  or  parcel  of  land  shall  at  the  hearing  in  any  subsequent  tax 
levy  be  additionally  taxed  and  charged  by  the  board  of  supervisors  of 
the  county  in  which  said  district  was  organized  in  a  sum  which  bears  the 
same  proportion  to  the  total  amount  of  said  former  tax  as  its  then 
assessed  valuation  bears  to  the  total  amount  of  the  assessed  valuation 
placed  on  all  the  lands  in  the  district  at  the  time  said  former  tax  was 
levied. 


Act4349a,  §§13, 14 


GENERAL  LAWS. 


231S 


Plan  of  irrigation  works.     Special  bond  election.    Notice.     Ballots. 

§  13.  The  lioarfl  of  ilin*<'t<jrs.  shall,  as  soon  alter  the  orjianizat ion  of 
the  district  as  is  practicable,  prepare  and  adopt  a  plan  of  irrigation 
works  and  shall  estimate  the  cost  of  constructing  the  same  and  of  ac- 
quiring the  lanrls,  property,  property  rights,  water,  and  water  rights 
necessary  or  proper  therefor  and  to  supply  the  lands  contained  in  the 
district  with  siiflicient  water  for  irrigation  purposes,  together  with  every 
other  expense  of  the  district  that  it  is  probable  will  be  incurred  and  be- 
come payable  before  the  expiration  of  one  year  from  the  completion 
of  said  works,  for  which  the  funds  of  the  district  then  in  the  treasury 
or  thereafter  to  be  received  from  a  tax  jtreviously  levied,  are  inade- 
quate, including  the  interest  on  any  bonds  of  the  district  due  and 
payable  prior  to  said  date.  Thereafter,  when  it  is  considered  by  the 
board  of  directors  for  the  best  interest  of  the  district  that  bonds 
thereof  shall  be  issued  for  the  jmrpose  of  obtaining  all  of  the  money 
necessary  to  pay  the  costs  and  expenses  S[)ecified  in  the  estimate  ac- 
companying the  plan  of  the  irrigation  works  or  when  the  holders  of 
title,  or  evidence  of  title,  including  such  aforesaid  possessory  rights, 
to  a  majority  in  area  of  the  land  contained  in  the  district,  shall  sign 
and  file  with  the  secretary  of  the  district  a  petition  therefor,  the  said 
board  of  directors  shall,  by  resolution  adopted  and  entered  in  its  minutes, 
order  a  special  election  to  be  held  at  the  time  designated  by  said 
board  at  which  shall  be  submitted  to  the  land  owners  the  question  of 
whether  or  not  bonds  of  the  district  shall  be  issued  in  said  amount. 
A  notice  of  said,  election,  specifying  the  time  ami  place  at  which  the 
same  will  be  held,  the  amount  of  the  bonds  proposed  to  be  issued, 
the  interest  rate  and  purpose  thereof,  shall  be  published  once  a  week 
for  four  weeks  in  some  newspaper  of  general  circulation  published  in 
each  county  in  which  any  of  the  lands  contained  in  said  district  are 
located,  and  proof  thereof  must  be  filed  with  the  secretary  of  the 
district  prior  to  the  date  on  which  said  election  is  held.  The  ballots 
cast  at  such  election  shall  specify  the  amount  and  purpose  of  the 
projiosed  bond  issue  and  the  rate  of  interest  proposed.  Tf  two-thirds 
of  the  votes  cast  thereat  are  in  favor  of  the  issuance  of  bonds,  the 
board  of  directors  shall  cause  bonds  in  the  amount  specified  in  the 
order  for  the  election  to  be  executed  and  delivered  to  the  county  treasurer 
of  the  county  in  which  said  district  was  organized. 

Term,  denomination,  etc..  of  bonds.  Interest.  Coupons.  Form.  Bonds 
placed  to  credit  of  district. 
§  14.  Bonds  of  the  district,  when  issued,  shall  be  payable  in  gold 
coin  of  the  United  States  in  twenty  series  as  follows,  five  per  cent  of 
the  whole  amount  of  said  bonds  at  the  expiration  of  eleven  years  and 
at  the  expiration  of  each  succeeding  year  to  and  including  the  expira- 
tion of  thirty  years  from  the  date  of  execution  thereof;  they  shall  be 
of  the  denomination  of  not  less  than  one  hundred  dollars  nor  more 
than  one  thousand  dollars  each;  and  they  shall  be  signed  by  the  presi- 


2319  WATER  DISTRICTS.  Act  4349a,  ^  1  i 

dent  of  the  hoard  of  directors  and  attested  hy  the  county  auditor 
of  the  county  in  whicli  the  district  was  organized.  Each  bond  must 
be  made  payable  at  a  given  time  for  its  entire  amount  and  not  for  a 
percentage;  shall  bear  interest  at  a  rate  not  in  excess  of  seven  per  cent 
per  annum,  payable  semi-annually  on  the  dates  therein  named  at  the 
office  of  said  county  treasurer  upon  the  presentation  and  surrender  of 
the  proper  coupons  therefor,  and  the  j)rincipal  thereof  shall  be  payable 
when  due  upon  the  presentation  and  surrender  thereof  to  said  county 
treasurer  by  the  holder  of  the  same.  Each  issue  shall  be  numbered  con- 
secutively and  the  bonds  of  each  issue  shall  be  numbered  consecutively 
and  bear  date  at  the  time  of  their  issue.  Coupons  for  each  installment 
of  interest  shall  be  attached  to  the  bonds  and  shall  be  numbereil  the 
same  as  the  bonds,  and  attested  by  the  fac-simile  signature  of  the  county 
auditor  of  the  county  in  which  said  district  was  organized. 
The  bonds  shall  be  substantially  in  the  following  form: 

"Issue  No.  For  value  received,  water  district  situated 

in   the  county  of  ,   state   of  California,  promises   to  pay  the  holder 

hereof  at  the  office  of  the  treasurer  of  said  count}',  on  the  day  of 

,  19 — ,   the  sum   of  dollars   in  gold   coin   of   the   United   States 

with  interest  in  like  gold  coin  at  the  rate  of per  centum  per  annum, 

payable  at  the  office  of  said  treasurer  semi-annually,  on  the  day  of 

and  the day  of in  each  year,  on  presentation  and  surrender 

of  the  interest  coupons  hereto  attached.  This  bond  is  issued  pursuant 
to  an  election  held  by  said  district  on  the  day ,  19 — ,  authoriz- 
ing its  issuance,  and  by  authority  of  an  act  entitled  (specifying  the  title 
and  date  of  approval  of  this  act). 

In  witness  whereof,  the  said  district,  by  its  board  of  directors,  has 
caused  this  bond  to  be  signed  by  the  president  of  said  board  and  at- 
tested by  the  auditor  of  said  county,  with  his  seal  of  office  attached, 
this  of  ,  19—. 

President  of  said  Board. 

Attest:  , 

Auditor   of  county." 

The  interest  coupons  shall  be  substantially  in  the  following  form: 
"No.  . 

The  treasurer  of  county,  state  of  California,  will  pay  the  holder 

hereof,  on  the  day  of  ,  19 — ,  at  his  office  in  ,  dollars, 

gold  coin  of  the  United  States,  out  of  the  funds  of  Water  District 

for  interest  on  bond  numbered  of  said  district. 

Attest:  , 

County   Auditor." 

The  county  treasurer  of  the  county  in  which  said  district  was  organ- 
ized shall,  when  he  receives  the  same,  place  the  said  bonds  to  the  credit 
of  the  district  and  he  shall,  in  a  book  provided  for  that  purpose,  keep 
a  record  of  said  bonds  and  of  the  payment  thereof  and  the  interest 
thereon.     "When    filed    with    said    county    treasurer,    as    above    provided, 


Act  4349a,  §§  15-17  general  laws. 


2320 


the  bonds  of  the  district  and  the  interest  thereon  shall  be  and  reniaiu 
until  paid  a  lien  on  the  lands  of  the  district,  and  a  lien  for  the  bonds  of 
any  issue  shall  he  a  fircfeired  lien  to  that  of  any  subsequent  issue. 

Test  of  validity  of  bonds. 

§  15.  As  soon  as  said  bonds  shall  have  Vjeen  delivered  to  said  county 
treasurer,  the  board  of  directors,  or  any  holder  of  title,  or  evidence  of 
title,  including  such  aforesaid  possessory  rights,  to  lands  contained  in 
the  district,  may,  in  onler  to  determine  that  said  bonds  are  a  legal  obli 
gation  of  the  district,  institute  a  proceeding  therefor  in  the  superior 
court  of  the  county  in  which  the  district  was  organized  by  filing  with 
the  clerk  of  said  county  a  complaint  setting  forth  that  on  a  date  therein 
named  bonds  of  said  district  were  delivered  to  the  said  treasurer,  stating 
the  amount  of  such  bonds,  and  praying  that  such  bonds  be  adjudged  to 
b«'  a  valiil  legal  obligation  of  such  district.  The  summons  in  such  pro- 
ceeding shall  be  served  by  publishing  a  copy  thereof  once  a  week  for 
four  weeks  in  some  newsjiaper  of  general  circulation  published  in  each 
county  in  which  any  of  the  lands  contained  in  said  district  are  located. 
Within  thirty  days  after  the  last  publication  thereof  shall  have  been 
completed  and  proof  thereof  filed  with  the  court,  any  person  interested 
may  appear  and  answer  said  complaint,  in  which  case  said  answer  shall 
set  forth  the  facts  relied  uiion  to  show  the  invalidity  of  said  bonds.  If 
no  answer  shall  be  filed  within  said  time,  the  court  must  render  judg- 
ment as  jirayed  for  in  the  comjilaint.  If  an  answer  be  filed  the  court 
shall  proceed  as  in  other  civil  cases.  Said  jjroceeding  is  hereby  declared 
to  be  a  proceeding  in  rem  and  the  judgment  rendered  therein  shall  be 
couclusive  against  all  persons  whomsoever  and  against  the  state  of  Cali- 
fornia. 

Issue  of  additional  bonds. 

§  16.  Fur  the  purpose  of  comjiloting  the  irrigation  works  and  of  ac- 
quiring the  lands,  jjroperty,  jjroporty  rights,  water  and  water  rights 
necessary  or  i)ro{)er  therefor  and  to  sujiply  the  lands  contained  in  the 
ilistrict  with  sufficient  water  for  irrigation  purposes,  or  for  the  purpose 
of  making  additions  to  said  irrigation  works,  or  for  the  purpose  of  pay- 
ing for  and  retiring  any  issue  of  bonds  previously  made,  the  district  may. 
when  it  is  necessary  or  proper  therefor,  issue  additional  bonds  in  the 
same  manner  as  is  hereinbefore  provided  for  the  original  issue  of  bonds. 

Sale  of  bonds. 

§  17.  The  board  of  directors  shall  provide  ways  and  means  for  the 
sale  of  said  bonds  or  for  the  exchange  thereof  dollar  for  dollar  for  bonds 
of  the  state  of  California.  Said  board  shall  in  no  event  sell  or  exchange, 
as  above  provided,  ajiy  of  said  bonds  for  less  than  the  par  value  thereof, 
plus  the  accrued  interest  thereon,  nor  shall  any  of  said  bonds  he  sold  or 
exchanged  nor  shall  said  treasurer  deliver  any  of  the  same  unless  the 
total  proceeds  thereof,  either  in  gold  coin  of  the  United  States  or  bonds 
of  the  state  of  California  at  their  par  value,  shall  be  at  least  eighty 


2321  WATER  DISTRICTS.  Act  4349a,  §  18 

five  per  centum  of  the  total  amount  of  said  bond  issue,  nor  unless  said 
bonds  shall  first  have  been  approved  as  provided  in  seel  ion  18  of  this 
act.  When  any  of  said  bonds  arc  sold  b}'  the  board  of  directors,  the 
county  treasurer  of  the  county  in  which  the  district  was  or^antzed  shall 
transfer  the  bonds  purchased  to  the  purchaser  upon  receiving  the  pur- 
chase price,  and  the  moneys  received  therefrom  shall  be  placed  to  the 
credit  of  the  district  and  in  a  similar  manner  bonds  of  the  state  of 
California  that  may  be  received  for  bonds  of  the  district  shall  be  placed 
to  the  credit  thereof  to  be  sold  as  the  board  of  directors  may  direct,  in 
no  case,  however,  for  less  than  the  par  value  thereof. 

Water  district  bonds  lawful  investment  of  trust  funds,  etc.  Appoint- 
ment of  engineer.  Board  of  investigation.  Approval  of  superin- 
tendent of  banks.  Expense  of  investigation. 
§  18.  When  approved  as  provided  in  this  section  the  bonds  of  any 
■water  district  issued  in  pursuance  of  this  act  may  be  lawfully  jmrchased, 
or  received  in  pledge  as  security  for  any  money  or  deposits  or  for  the 
performance  of  any  act,  by  banks,  banking  institutions,  insurance  com- 
panies and  trust  companies,  and,  when  thereunto  duly  authorized  by  the 
court,  by  guardians,  executors,  administrators  and  special  administrators. 
When  requested  therefor  in  writing  by  a  majority  of  the  board  of 
directors  of  any  water  district  formed  hereunder,  the  governor  must 
select  and  appoint  one  hydraulic  engineer,  who,  with  one  such  engineer 
appointed  by  said  board  of  directors  and  oije  such  engineer  mutually 
agreed  upon  and  jointly  appointed  by  the  governor  and  said  board  of 
directors,  shall  constitute  a  board  of  investigation  to  determine  whether 
or  not  the  total  cost  of  acquiring  the  water  rights  and  the  system  of 
works  that  may  be  necessary  to  supply  the  lands  of  the  district  with 
water  in  sufficient  quantities  for  irrigation  purposes  will  be  in  excess  of 
one  hundred  per  centum  of  the  total  amount  of  the  bonds  theretofore 
issued  by  such  district.  Within  ninety  days  after  the  third  and  last 
member  thereof  is  chosen,  unless  said  time  shall  be  extended  by  the 
board  of  directors,  in  which  case  within  said  extension  of  time,  each 
member  of  said  board  of  investigation  shall  prepare  his  separate  written 
report  and  shall  file  the  same  with  the  state  superintendent  of  banks 
and  shall  certify  and  file  a  copy  thereof  with  the  board  of  directors  of 
said  district,  which  report  shall  specif}^  whether  or  not  said  cost  will 
be  in  excess  of  one  hundred  per  centum  of  the  total  amount  of  the  said 
bonds  so  issued.  If  two  members  of  said  board  of  investigation  shall 
find  that  said  cost  will  not  be  in  excess  of  an  amount  equal  to  one  hun- 
dred per  centum  of  the  total  amount  of  the  said  bonds  so  issued,  the 
state  superintendent  of  banks  must,  when  so  requested  by  the  board  of 
directors  of  said  district,  indorse  upon  the  face  of  each  of  said  bonds 
the  word  "approved"  and  shall  affix  thereunder  his  signature  and  the 
title  of  his  office.  The  said  district  shall  bear  and  pay  for  all  expenses 
incident  to  the  investigation  and  the  governor,  before  appointing  any 
member  of  the  board  of  investigation  which  he  is  hereby  empowered  to 
146 


Act  4349a,  §§  19-21  general  laws. 


2322 


select  and  appoint,  may  require  that  the  said  district  provide,  subject 
to  his  apfiroval,  a  good  and  sufticient  undertaking  in  an  amount  not 
in  excess  of  six  thousand  dollars,  conditioned  that  said  district,  or  its 
sureties,  which  shall  V)e  two  in  number,  will  pay  the  salary  and  neces- 
sary expenses. of  that  member  of  said  board  of  investigation  appointed 
by  him,  not  to  exceed,  however,  the  total  sum  of  five  thousand  dollars. 

Destruction  of  unused  bonds. 

§  19.  Whcncxer  thiTc  remains  in  the  hands  of  the  treasurer  of  the 
county  in  which  the  district  was  organized  any  unsold  bonds  of  the 
district  which  it  is  not  necessary  to  sell  for  the  purpose  of  raising 
funds  for  the  district,  the  board  of  directors  nia^'  call  a  special  election 
to  determine  whether  said  bonds  shall  bo  destroyed  or  not,  or  may  sub 
niit  such  proposition  at  a  general  election.  The  notice  thereof  shall 
8i)ecify,  in  addition  to  the  requirements  therefor  as  provided  in  section 
2.*?  of  this  act.  the  amount  of  the  bonded  indebtedness  authorizeil,  the 
amount  of  the  bonds  remaining  unsold  and  the  amount  thereof  proposed 
to  be  destroyed.  When  the  vote  cast  at  said  election  is  canvassed  by 
the  board  of  election,  if  a  two-thirds  majority  of  the  votes  cast  siiall  be 
found  to  be  in  favor  of  the  ilestruction  of  said  bonds,  then  the  presi- 
dent of  the  board  of  directors,  in  the  presence  of  a  majority  of  the 
members  thereof,  must  destroy  the  bonds  so  voted  to  be  destroyed  and 
the  amount  thereof  shall  be  deducted  from  the  total  amount  authorized 
to  be  issued,  and  no  part  thereof  shall  thereafter  be  reprinted  or  reissued. 

Use  of  excess  money  to  redeem  bonds. 

§  20.  Whenever  the  fuiivl«  of  the  district  are  in  excess  of  the  amount 
necessary  to  complete  the  construction  of  the  irrigation  works  or  to 
acquire  the  necessary  water,  water  rights,  property  and  rights  in  projc 
erty  therefor  and  to  supjily  all  the  lands  contained  in  the  district  with 
sufticient  water  for  irrigation  purposes  and  in  addition  thereto  to  pay 
every  obligation  of  the  district  that  is  due  and  payable  or  that  will 
become  due  and  i>ayable  or  that  it  is  probable  will  become  due  and  pay- 
able before  the  expiration  of  two  years  from  the  date  on  which  the 
next  preceding  tax  of  the  district  was  le\  led,  the  board  of  directors  may 
direct  the  treasurer  of  the  county  in  which  said  district  was  organized 
to  pay  with  said  excess  (specifying  the  amount  thereof)  such  an  amount 
of  the  sold  bonds  of  the  district  as  said  excess  sum  of  money  will 
redeem  at  the  lowest  value  at  which  they  may  be  obtained  for  liquida- 
tion, in  no  case  for  more  than  the  par  value  thereof. 

Comity  treasurer  to  receive  funds  for  district.  Bond  fund.  General 
fund.  Payments  from  fund. 
§  21.  The  county  treasurer  of  the  county  in  which  the  district  was 
organized  shall  receive  to  the  credit  of  the  district  and  in  trust  for  the 
uses  and  benefits  thereof  all  the  funds  thereof,  and  all  such  funds  or 
moneys  belonging  to  the  district,  or  to  which  the  district  is  entitietl, 
shall,   when   received,   except   as  herein   otherwise   provided,  be   paid   by 


2323  WATER  DISTRICTS.  Act  4349a,  §  22 

the  persoTi  so  receiving  them  to  the  said  treasurer.  The  said  treasurer 
shall  estaljlish  for  the  district  two  funds,  to  wit,  a  bond  fund  and  a 
general  fund,  and  shall  apportion  the  moneys  of  the  district  to  said  funds, 
as  follows:  to  the  bond  fund,  that  portion  of  the  moneys  received  from 
the  collection  of  taxes  or  from  the  sale  of  proj)erty  for  delinquent  taxes 
■which  bears  the  same  proportion  to  the  total  amount  so  received  from 
the  collection  of  taxes  or  from  the  sale  of  property  for  delinquent  taxes 
as  that  portion  of  the  estimate  of  the  board  of  directors  (on  which  said 
tax  was  based)  which  is  required  for  the  payment  of  bonds  and  of  the 
interest  on  bonds  bears  to  the  whole  amount  of  said  estimate;  to  the 
general  fund,  the  balance  of  all  moneys  or  funds  so  received.  In  case 
lands  of  the  district,  when  sold  for  delinquent  taxes,  are  struck  off  to 
the  district  as  the  purchaser,  the  tax  collector  of  the  county  in  which 
said  lands  are  located  shall,  in  making  his  accounting  with  the  treasurer 
of  said  county,  furnish  a  statement  of  the  lands  so  sold  to  the  district 
and  of  the  amount  for  which  the  same  were  sold,  and  said  treasurer 
shall  deliver  the  same  to  the  treasurer  of  the  county  in  which  said  dis- 
trict was  organized  and  said  last-named  treasurer  shall  thereupon  esti- 
mate that  portion  of  said  amount  belonging  to  the  bond  fund  and  shall 
charge  the  general  fund  with  said  portion  and  shall  pay  the  same  from 
the  general  fund  into  the  bond  fund.  The  moneys  placed  in  the  Viond 
fund  shall  be  used  for  the  payment  of  bonds  and  of  the  interest  thereon, 
and,  until  the  total  bonded  indebtedness  of  the  district  is  discharged, 
shall  not  be  used  for  any  other  purpose.  The  funds  of  the  district  shall 
not,  except  for  the  pajnuent  of  bonds  and  the  interest  thereon,  be  paid 
out  by  the  treasurer  of  the  county  in  which  said  district  was  organized, 
unless  a  warrant  therefor  shall  have  been  drawn  and  executed  by  the 
board  of  directors  and  approved  by  the  board  of  supervisors  of  said 
county.  Such  warrants  are  and  shall  be  considered  as  contracts  in 
writing  for  the  payment  of  money,  and  the  period  prescribed  for  the 
commencement  of  an  action  based  thereon,  or  connected  therewith,  is 
and  shall  be  the  term  of  four  years  from  the  date  of  their  issuance.  In 
any  proceeding  for  a  writ  of  mandate  to  compel  the  board  of  directors 
to  issue  a  warrant,  the  court  must  determine  the  controversy  in  the  man- 
ner provided  for  determining  controversies  in  other  civil  actions,  and 
shall  cause  a  writ  to  issue  foi-  such  sum  as  may  be  found  to  be  due. 

Voters. 

§  22.  Except  as  herein  otherwise  provided,  every  holder  of  t.itle  or 
evidence  of  title  (including  the  aforesaid  possessory  rights)  to  land  con- 
tained in  said  district,  and  no  other,  shall  be  qualified  and  entitled  to 
vote  either  in  person  or  by  proxy  at  any  election  held  by  said  district. 
J^ach  person  entitled  thereto  shall  have  one  vote  for  each  dollar's  worth 
of  land,  the  title  to  which  is  held  by  him  as  above  provided.  The  next 
I)receding  assessment-book  of  said  district  shall,  for  the  purposes  of  this 
section,  be  conclusive  evidence  of  ownership  and  of  the  value  of  the 
property  so  owned. 


Act  4349a,  §  23  general  laws.  2324 

Conduct  of  elections.     Election  oflacers.     Contest  of  election.     Proxies. 

§  23.  ICxcpjit  as  herein  other'.viso  iiroviikJ,  all  cir'tions  hel.l  un.ler 
the  [.rovisioiis  of  this  act  shall  be  ealled,  hehl  an>l  conducted  at  the  time, 
place  and  in  the  manner  provided  bv  the  by-laws  of  the  district;  pro-' 
vided,  however,  that  no  such  elei-tion  shall  be  valid  unless  the  place  at 
which  the  same  is  held  is  at  the  prin<ijial  jda<-e  of  business  of  the  dis- 
trict and  unless  notice  thereof  shall  first  have  been  given  in  the  follow- 
ing manner:  by  publication  thereof  once  a  week  for  at  least  two  weeks 
in  some  newspaper  of  general  circulation  published  in  each  county  in 
which  any  of  the  lands  contained  in  said  district  are  located.  The  said 
notice  of  election  shall  state  the  time,  place  and  purposes  thereof.  At 
least  ten  days  before  any  election,  the  board  of  directors  must  appoint 
from  among  those  persons  qualified  and  entitled  to  vote  at  said  election 
an  insj)ector  and  two  judges,  who  shall  constitute  a  board  of  election, 
and  three  alternates  who  shall,  in  the  order  in  which  they  are  appointed, 
fill  any  vacancies  on  said  board  if  any  members  thereof  do  not  attend 
at  the  opening  of  the  polls.  Each  member  of  such  board  of  election,  or 
his  successor,  must,  before  entering  upon  his  duties  as  such,  take  an 
official  oath  as  such  member  of  the  board  of  election,  which  may  be 
administered  by  any  officer  authorized  to  administer  oaths  or  by  any 
landholder  in  the  district.  The  inspector  is  chairman  of  the  election 
board  and  shall  appoint  the  necessary  clerks,  and  if  during  the  progress 
of  the  election  any  judge  or  clerk  shall  cease  to  act,  he  shall  appoint 
his  successor.  The  polls  shall  be  kept  open  for  the  reception  of  votes 
from  10  o'clock  A.  M.  until  5  o'clock  P.  M.,  when  the  same  must  be 
closed.  The  election  board  shall,  before  the  opening  of  the  polls,  post 
in  a  conspicuous  place  thereat  a  list  of  all  persons  entitled  to  vote  at 
said  election  with  the  number  of  votes  they  are  entitled  to  cast.  The 
ballots  used  at  the  election  shall  be  i>rovided  by  the  board  of  director-; 
and  one  of  the  clerks  of  election  shall  deliver  one  of  them  to  each  person 
qualified  to  cast  a  vote  or  to  his  representative  by  proxy.  The  Aus 
tralian  ballot  shall  be  used  and  the  clerk  of  the  election  board  at  the 
time  of  delivering  the  same  to  the  voter,  or  his  representative  by  proxy, 
shall  mark  thereon  in  a  place  provided  for  that  purpose  the  name  of  th.- 
person  casting  the  ballot  and  the  number  of  votes  which  he  is  entitli  i 
to  cast.  The  person  casting  the  ballot  shall  stamp  a  cross  with  a  ru!' 
ber  stamp,  to  be  provided  by  the  board  of  directors,  in  the  square  behin  i 
the  name  of  each  candidate  or  proposition  he  wishes  to  vote  for.  Thi 
election  board  shall  retain  and  file  with  the  returns  of  the  election  all 
proxies  presented  at  said  election.  A  list  of  the  ballots  cast  shall  be 
made  by  the  board  of  election,  containing  the  name  of  the  voter  and, 
if  the  ballot  be  cast  by  proxy  or  by  the  legal  representative  of  the 
voter,  the  name  of  the  person  casting  it;  the  number  of  votes  cast;  and 
how  the  person  voted  on  the  different  matters  presented  at  the  election. 
At  the  close  of  the  polls  the  board  of  election  shall  at  once  proceed  to 
canvass  the  votes  and  declare  the  result,  and  shall  forward  a  certificate, 
showing  the  same  aud  the  number  of  votes  cast  for  or  against  each  can- 


2325  WATER  DISTRICTS.         Act  4349a,  §§  24, 25 

didate  or  proposition  nnd  shall  forward  said  certificate,  together  with 
all  ballots  used  and  all  documents  and  papers  used  at  such  election,  to 
the  clerk  of  the  board  of  supervisors  of  the  county  in  which  the  district 
was  organized,  and  a  duplicate  copy  thereof  to  the  secretary  of  the 
district.  A  copy  of  said  certificate,  certified  by  said  clerk  of  the  board 
of  supervisors,  shall  be  by  him  filed  for  record  with  the  county  recorder 
of  each  county  in  which  any  of  the  lands  contained  in  said  district  are 
located,  and  by  him  recorded  in  a  book  kept  by  him  for  the  purpose 
of  recording  instruments  and  writings  relating  to  said  district.  Any 
person  interested  may  contest  such  election,  within  twenty  days  after 
the  result  thereof  has  been  declared,  by  filing  a  complaint  in  the  superior 
court  of  the  county  where  such  election  was  held,  and  if  no  contest  shall 
be  commenced  within  said  time,  the  declaration  of  the  result  by  the 
board  of  election  shall  be  final  and  conclusive.  No  proxy  shall  be  valid 
and  no  proxy  shall  be  accepted  or  vote  allowed  thereon  at  any  election 
held  under  the  provisions  of  this  act  unless  the  same  be  executed  in 
writing  by  the  person  or  corporation  who,  according  to  the  next  preced- 
ing assessment-book  of  the  district,  is  entitled  to  the  votes  for  which 
the  proxy  is  given.  The  said  proxy  shall  be  acknowledged  before  some 
person  authorized  to  take  certified  acknowledgments  of  conveyances  of 
real  property  and  shall  specify  the  election  for  which  it  is  given  and  shall 
only  be  used  at  such  election.  Every  proxy  shall  be  revocable  at  the 
pleasure  of  the  person  executing  it. 

Rights  may  be  exercised  by  legal  representative. 

§  2-1.  The  rights,  privileges  and  immunities  created  by  this  act  in 
favor  of  anj^  holder  of  title  or  evidence  of  title,  including  such  afore- 
said possessory  rights,  to  lands  contained  in  the  district  may  for  his 
benefit  and  on  his  behalf  be  exercised  by,  and  are  hereby  extended  to, 
his  legal  representative  in  all  cases  where  said  legal  representative  is 
an  official  of  a  corporation  owning  land  within  the  district  or  is  a 
gxiardian,  executor  or  administrator  of  an  estate  who  is  appointed  as 
such  under  the  laws  of  this  state  and  who  as  such  is  entitled  to  the 
possession  of  lands  included  within  said  water  district  belonging  to  the 
estate  which  he  represents  and  who  has  been  by  the  court  duly  authorized 
to  exercise  the  particular  Tight,  privilege  or  immunity  which  he  seeks 
to  exercise;  provided,  however,  that  he  must,  before  he  casts  a  ballot 
at  any  election  of  the  district,  present  the  board  of  election  or  some  clerk 
thereof  with  a  certified  copy  of  his  authority,  which  must  be  kept  and 
filed  with  the  returns  of  the  election. 

Use  of  water  for  district  declared  public  use. 

§  25.  The  use  of  all  water  required  for  the  irrigation  of  the  lands  of 
any  district  formed  under  the  provisions  of  this  act,  and  for  domestic, 
and  other  incidental  and  other  beneficial  uses,  within  such  district,  to- 
gether with  the  rights  of  way  for  canals  and  ditches,  sites  for  reservoirs 
and  all  other  property  required  in  fully  carrying  out  the  provisions  of 


Act  4349a,  §§26-29  general  laws.  2326 

this  act,  is  hereby  declared  to  be  a  public  use,  subject  to  the  regulatiou 
and  control  of  the  state  in  the  manner  prescribed  by  law. 

Power  to  construct  works  across  streets,  etc.     Right  of  way  through  state 
lands. 
§  26.     The  board  of  directors  shall  have  power  to  construct  the  irrign- 
tion  works  across  any  stream  of  water,  watercourse,  street,  avenue,  hiyh 
way,  railway,  canal,  ditch,  or  flume  which  the  route  of  a  canal  or  can.i!- 
of  said  works  may  intersect  or  cross,  in  such  manner  as  to  afford  securi; 
for  life   and  property;   but   said  board   .shall  restore   the  same,  when   >»> 
crossed   or  intersected,   to   its  former  state   as  near  as   may   be,  or  in   a 
sufficient  manner  not  to  have  impaired  unnecessarily  its  usefulness;  an  ; 
every  comiiany   whose   railroad   shall   be   intersected   or   crossed   by   sai  1 
works  shall  unite  witli  said  board  in  forming  said  intersections  and  cross 
ings  and  shall  grant  the  privileges  aforesaid;   and  if  such  railroad  coi>. 
pany   and    said    board    or   the   owners   and    controllers   of   said    propert  n  . 
thing  or  franchise  so  to  be  crossed,  cannot  agree  upon  the  amount  to  In' 
paid  therefor,  or  the  points  or  the  matter  of  said  crossings  or  interse 
tions,  the  same  shall   be   ascertained   and   determined   in   all   respects  as 
is  herein  provided  in  respect  to  the  taking  of  land.     A  right  of  way  is 
hereby  given,  dedicated,  and  set  apart  to  locate,  construct,  and  maintain 
said  works  over  and  through  any  of  the  lands  which  are  now  or  may   be 
the   property   of   this  state;    ami   also   there   is   given,   dedicated,   and   set 
apart  for  the  uses   and   purposes   aforesaid,  all    waters  and   water   rights 
belonging  to  this  state  within  the  district.     The  rights  of  way,  ditches. 
flumes,   pipe  lines,   dams,  water  rights,  reservoirs   and   other   property   of 
like  character  belonging  to  any  district  organized   under  this  act  shall 
not  be   taxed  for  state  and  county  or  municipal  purposes. 

Condemnation  proceedings. 

§  27.  In  case  of  condemnation  proceedings,  the  board  of  directors 
shall  jirocecd  in  the  name  of  the  district  under  the  provisions  of  title 
7,  part  3  of  the  Code  of  Civil  Procedure. 

Officers  not  to  be  interested  in  contracts. 

§  128.  No  oflicer  of  tlie  distrit  shall  in  any  manner  be  interested, 
directlv  or  indirectly,  in  any  contract  awarded  or  to  be  awarded,  or  in 
the  profits  to  be  derived  therefrom;  and  for  any  violation  of  thi.s  pro- 
vision such  officer  shall  be  deemed  guilty  of  a  misdemeanor  and  such 
conviction  shall  work  a  forfeiture  of  his  office,  and  he  shall  be  punished 
bv  a  fine  not  cxceeiling  five  hundred  dollars,  or  by  imprisonment  in  the 
countv  jail  not  exceeding  six  months,  or  by  both  such  fine  and  imprison- 
ment. 

Apportionment  of  waters.     Penalty. 

§  29.  It  is  hereby  expressly  provided  that  all  waters  distributed  for 
irrigation  purposes  shall  be  apjiortioned  ratably  to  each  land  owner  upon 
the  basis  of  the  ratio  which  the  last  assessment  of  such  owner  for  dis- 


2327  WATER  DISTRICTS.         Act  4349a,  §§  30, 31 

trict  purposes  within  said  district  bears  to  the  whole  acreage  assessed 
upon  the  district.  When  the  equitable  rules  and  regulations  for  the 
distribution  of  water  have  been  jirovided  by  the  board  of  directors  and 
published  once  a  week  for  two  weeks  in  some  newspaper  of  general 
circulation  published  in  each  county  in  which  any  of  the  lands  contained 
in  said  district  are  located,  any  violation  thereof  shall  be  and  is  hereby 
declared  to  be  a  misdemeanor,  and  the  ])erson  committing  the  same 
shall,  upon  conviction  thereof,  be  subject  to  a  fine  of  not  less  than 
twenty-five   dollars   nor  more   than   one   hundred   dollars. 

No  fees  for  services  of  county  officers. 

§  30.  No  supervisor,  recorder,  tax  collector,  treasurer,  auditor  or 
clerk  of  any  county  shall  receive  any  fee  for  any  service  required  to  be 
performed  by  him  under  the  provisions  of  this  act;  provided,  however, 
that  the  tax  collector  of  each  county  in  which  SlUv  of  the  lands  con- 
tained in  the  district  are  located,  during  the  time  for  the  collection  of 
the  taxes  of  the  district,  may  require  the  board  of  directors  to  provide 
and  pay  for  a  deputy  tax  collector  whose  duty  it  shall  be  to  care  for 
the  matters  relating  to  the  collection  of  the  said  taxes  of  the  district. 

In  case  of  division  of  a  county  excluding  lands  of  district. 

§  31.  If  at  any  time  after  the  organization  of  any  district  here- 
under, the  boundaries  of  the  county  in  which  the  same  was  organized 
shall  be  so  changed  or  modified  as  to  exclude  therefrom  all  of  the  lands 
contained  in  said  district,  then  in  that  event  the  records  and  docu- 
ments of  said  district  in  the  possession  and  care  of  the  board  of  super- 
visors of  said  county,  together  with  a  certified  copy  of  the  proceedings 
had  by  the  district  under  the  jurisdiction  of  said  board  of  supervisors, 
shall  be  transferred  and  filed  with  the  clerk  of  the  board  of  supervisors 
of  the  county  in  which  the  greater  portion  of  the  lands  contained  in 
said  distrfct  are  located.  All  proceedings,  petitions,  orders  or  other  docu- 
ments which  have  been  filed  with  the  recorder  of  the  county  in  which 
said  district  was  organized,  and  which,  or  a  certified  copy  thereof,  have 
not  been  recorded  in  the  county  to  which  said  district  is  transferred, 
shall  be  certified  to  by  said  county  recorder  and  filed  for  record  with 
the  county  recorder  of  the  county  to  which  said  district  has  been  trans- 
ferred, and  bj'  him  recorded  in  a  book  kept  by  him  for  the  purpose  of 
recording  instruments  and  writings  relating  to  said  district.  The  treas- 
urer and  the  auditor  of  the  county  in  which  said  district  was  organized 
shall  draw  their  warrant  upon  said  treasurer  for  all  of  the  funds  of  such 
district  in  the  treasury  of  said  county  and  the  said  treasurer  shall  pay 
such  warrant  and  said  funds,  together  with  all  unsold  bonds  of  the 
district  and  the  bond  record  kept  by  him,  shall  be  transferred  by  him 
to  the  treasurer  of  the  county  to  which  the  district  has  been  so  trans- 
ferred. From  and  after  the  transfer  in  the  manner  above  specified  the 
board  of  supervisors  of  the  county  to  which  the  district  is  transferred 
shall  have  and  exercise  all  of  the  jurisdiction,  power  and  authority  ovei» 
said   district  as  was  theretofore   exercised  by   the  board   of  supervisors 


Act  4349a,  §  32 


GENERAL   LAWS. 


2328 


of  the  county  wherein  such  district  was  originally  formed  and  there- 
after any  act  or  duty  which  is  herein  required  to  be  done  by  the  boarl 
of  supervisors  or  any  oflBcer  of  the  county  in  which  said  district  was 
organized  shall  be  performed  by  the  corresponding  board  of  supervisor^ 
or  other  official  of  the  county  to  which  said  district  has  been  transferre<l. 
and  in  general  the  said  district  shall  thereafter  conduct  and  manage  it- 
affairs  through  its  proj'cr  officials  and  in  conjunction  with  the  proper 
officials  of  each  county  in  which  any  of  the  lands  contained  in  said  dis 
trict  are  located  as  though  said  district  was  originally  organized  in  the 
county  to  which  it  was  transferred. 

Action  for  dissolution  of  district.     Hearing. 

§  32.  All  .iction  may  be  brou;,'ht  \<y  the  attorney  genera]  in  the  name 
of  the  people  of  this  state,  upon  his  own  information,  or  that  of  a 
private  party,  for  the  dissolution  of  any  district  forme<l  hereunder  for 
a  nonusor  of  its  corporate  powers.  In  such  action  the  complaint  and 
summons  shall  be  personally  served  upon  said  district  by  delivery  of  a 
copy  thereof  to  either  the  president  of  the  board  of  (jirectors  or  the 
secretary  of  the  district.  When  service  has  been  made  upon  the  defend- 
ant and  an  appearance  has  been  entered  or  a  default  of  the  defendant 
entered,  the  court,  upon  the  apjilication  of  any  of  the  parties,  shall 
thereupon  enter  an  order  fixing  a  day  for  a  hearing,  which  shall  not 
bo  less  than  twenty-five  days  from  the  ilate  of  the  ortler  and  shall,  also, 
enter  an  order  directing  notice  by  publication  to  be  given  by  the  clerk 
to  all  persons  interested  in  said  district  either  as  the  owners  of  land 
or  interests  in  land  in  said  district  or  as  creditors  of  said  district,  or 
otherwise,  requiring  them  to  be  and  apjiear  on  the  day  fixed  for  the 
hearing  and  show  cause,  if  any  they  have,  why  the  district  named  in 
the  complaint  as  defendant  should  not  be  dissolved.  The  notice  shall 
be  iiublislied  in  some  newspaper  of  general  circulation  published  in  each 
county  in  which  any  of  the  lands  contained  in  said  tlistrict  are  located, 
for  a  period  of  not  less  than  twenty-  days.  On  the  day  fixed  for  a  hear- 
ing, or  some  later  date  to  wliich  the  cause  may  be  continued,  the  court 
may  proceed  with  the  hearing,  due  proof  having  been  first  made  of  the 
service  of  the  notice  by  jiublication  for  the  length  of  time  required  by 
the  order.  Any  jierson  interested  in  the  district  that  is  defendant,  shall, 
upon  showing  his  interest,  be  allowed  to  file  an  answer  or  objections  to 
the  dissolution  of  the  defendant  ami  shall  from  the  filing  of  said  answer 
or  objections  become  a  party  defendant,  and  be  entitled  to  all  the  rights 
of  a  defendant  in  any  civil  action.  If  upon  the  trial  of  any  such  action 
it  be  determined  by  the  court:  that  the  district  is  not  in  debt,  or  if  in 
debt,  tiiat  all  claims  are  barred  by  the  statute  of  limitations  and  that 
in  a<ldition  thereto  said  district,  or  the  board  of  directors  thereof,  are 
not  proceeding  to  place  the  lands  of  the  district  under  irrigation  .and 
are  not  exercising  the  powers  of  the  corporation  and  have  not  been  so 
doing  for  a  period  of  one  year  prior  thereto,  the  court  shall  then  enter 
a  decree  dissolving  the  corporation,  or  make  such  further  order  as  may 
be  deemed  necessary  to  protect  the  rights  of  all   partiejj  interested. 


I 


2329  WATERS.  Act  4350 

Constitutionality  of  act. 

§  33.  If  any  section,  subsertion,  sentence,  clause  or  phrase  of  this 
act  is  for  any  reason  held  to  be  unconstitutional,  such  decision  shall  not 
affect  the  validity  of  the  remaining,'  portions  of  this  act.  The  legisla- 
ture hereby  declares  that  it  would  have  i)assed  this  act,  and  each  of 
said  parts  thereof,  irrespective  of  the  fact  that  any  one  or  more  other 
sections,  subsections,  sentences,  clauses  or  phrases'  be  declared  uncon- 
stitutional. 

Nothing  repealed. 

§  34.  This  act  does  not  change,  modify,  add  to  or  repeal  any  other 
act  or  law   of  this  state. 

TITLE  557. 

WATERS. 
ACT  4350. 

An  act  regulating  and  limiting  the  appropriation  of  water  for  generating 
electricity  or  electrical  or  other  power;  fixing  the  terms  and  condi- 
tions and  providing  the  manner  and  procedure  upon  which  water 
for  generating  electricity  or  electrical  or  other  power  may  be  appro- 
priated and  providing  for  the  renewal  of  licenses  granted  hereunder; 
providing  for  the  issuing  of  licenses  for  the  use  of  water  for  gener 
ating  electricity  or  electrical  or  other  power  and  limiting  rights 
under  such  licenses;  prohibiting  the  appropriation  of  water  or  the 
use  of  water  for  generating  electricity  or  electrical  or  other  power 
for  a  longer  period  than  twenty-five  years;  limiting  the  right  to  the 
use  of  water  appropriated  for  generating  electricity  or  electrical 
or  other  power  to  the  specific  purposes  for  which  it  is  appropriated; 
declaring  certain  water  to  be  unappropriated;  providing  for  the 
granting  of  licenses  to  divert  and  store  surplus  and  flood  waters  for 
generating  electricity,  or  electrical  or  other  power  and  declaring 
what  is  surplus  water;  reserving  to  the  state  the  right  to  regulate 
and  fix  the  rates  of  compensation  for  which  electricity  or  electrical 
or  other  power  generated  by  water  appropriated  may  be  sold,  rented 
or  distributed;  reserving  to  the  state  the  right  to  impose  charges  for 
the  use  of  water  appropriated  for  electricity  or  electrical  or  other 
power  and  fixing  fees  and  charges;  preventing  the  combination  or 
formation  of  any  unlawful  trust  by  appropriators  of  water  or  the  use 
of  water  for  generating  electricity  or  electrical  or  other  power  and 
providing  a  penalty  therefor;  creating  and  establishing  a  state  board 
of  control;  providing  the  powers  and  duties  of  said  board  of  control 
and  fixing  their  compensation;  compelling  persons,  firms,  associations 
and  corporations  supplj-ing  electricity  or  electrical  or  other  power 
generated  by  the  use  of  appropriated  water  to  keep  their  plants  and 
systems  in  repair  and  requiring  an  annual  report  from  them  to  said 
board  of  control;  providing  for  the  appointment  and  compensation 
of  employees  and  assistants   to  said  board  of  control;   limiting  the 


Acts  4351^368  general  laws.  2330 

expenses  of  said  board  of  control  and  providing  for  the  payment 
thereof;  fixing  the  fiiace  of  business  of  said  board  of  control;  declar- 
ing the  diversion  or  use  of  water  for  generating  electricity,  or  elec- 
trical or  other  i>ower,  otherwise  than  jirovided  in  this  act,  to  be  a 
misdemeanor  and  providing  a  penalty  therefor,  and  also  providing 
penalties  for  other  violations  of  this  act ;  repealing  all  acts  and  parts 
of  acts  in  conflict  with  this  act.  [Approved  April  8,  1911.  Stats. 
3911,  p.  813.] 

Repeuled   January   2,    1912    (Stats.   £x.    Stt&s.   1911,    p.   164).      See   Act   43G6c, 
post. 

ACT   4351. 

An  ait  to  preserve  and  maintain  the  lakes,  ponds,  brooks,  creeks,  rivers, 
and  streams  of  this  state,  and  to  prevent  the  waters  thereof  from 
being  carried  by  pipes,  conduit?,  ditches,  tunnels  or  canals  into  other 
states,  for  use  therein. 

[Approved  March  3,  1911.     Stats.  1011,  p.  271.] 

Piping  water  from  this  to  another  state. 

§  1.  It  shall  be  luiiawt'iij  lOr  any  person,  firm,  association  or  corpora- 
tion to  transjiort  or  carry  through  pipes,  conduits,  ditches,  tunnels  or 
canals,  the  waters  of  any  freshwater  lake,  pond,  brook,  creek,  river  or 
stream  of  this  state  into  any  other  state,  for   use  therein. 

Duty  of  governor. 

§  2.  It  shall  be  the  duty  of  the  governor  to  keep  a  general  oversight 
o\cr  the  fresh-water  lakes,  ponds,  brooks,  creeks,  rivers  and  streams  oi 
this  state  and  to  see  that  the  same  are  preserved  for  the  use  and  beneli! 
of  the  citizens  and  inhabitants  of  this  state  and  to  prevent  the  water- 
thereof  from  being  carried  or  transported  by  pipes,  conduits,  ditchc>, 
tunnels  or  canals  into  other  states  for  use  therein;  when  it  is  brought 
to  the  attention  of  the  governor  that  it  is  the  intention  of  any  per.>*un. 
firm,  association  or  corjioration  to  so  carry  or  transport  into  any  other 
state  for  use  therein,  the  waters  of  any  such  freshwater  lake.  ponl. 
brook,  creek,  river  or  striam  of  this  state,  it  shall  be  his  duty,  through 
the  attorney  general  of  the  state  to  bring  such  action  in  the  name  of  thr 
people  of  the  state  in  the  courts  of  tliis  state  or  of  the  United  State> 
as  may  be  necessar\-  to  prevent  such  carrying  away  or  transporting  ol 
such  waters  into  another  state. 

§  3.     This  act  shall  take  effect  immediately. 

ACT  4355. 

Citations.      Cal.   159/59C, 

ACT  4368. 

Citations.      App.    13/734. 


2331  WATERS.  Act  4368a,  §§1-3 

ACT  4368a. 

An  act  to  provide  for  the  investigation  of  the  practicability  of  the  con 
struction  of  canals  and  the  canalization  of  rivers,  their  tributaries, 
and  other  waterways  in  California  in  aid  of  commerce;  to  define  the 
duties  of  the  department  of  engineering  and  of  the  governor,  in  rela- 
tion thereto,  and  to  make  an  appropriation  to  defray  the  cost  of  such 
investigation. 

[Approved  May  1,  1911.     vStats.  1911,  p.  1445.] 

Department  of  engineering  to  investigate  practicability  of  canals  along 
Sacramento  and  San  Joaquin  rivers.  Subjects  embraced. 
§  1.  The  department  of  engineering  is  hereby  authorized  and  directed 
to  investigate  the  practicability  of  the  construction  of  canals,  with  dams, 
locks  and  other  structures  required  for  their  operation,  in,  along,  or  adja- 
cent to,  the  Sacramento  and  San  Joaquin  rivers,  their  tributaries,  and 
other  waterways,  and  of  the  canalization  thereof,  where  necessary,  and 
also  of  the  construction  of  such  canals,  with  dams,  locks  and  other 
structures  required  for  their  operation,  inland  in  the  Sacramento,  San 
.Joaquin  and  Santa  Clara  valleys,  with  the  view  of  determining  the  utility 
thereof  in  aid  of  commerce  and  navigation.  Such  investigation  to  be 
made  as  complete  as  possible  and  to  embrace  all  of  said  rivers,  their 
tributaries,  and  other  waterways  and  all  of  said  valleys,  wherever  therein, 
canal  navigation  can  be  maintained.  The  investigation  shall  also  em- 
brace the  following  subjects: 

1.  Water  supply  and  sources  thereof; 

2.  Duration  of  period  during  year  when  water  would  be  available  for 
canal  navigation  and  other  purposes; 

3.  Quantity  of  water  obtainable  by  storage; 

4.  Feasibility  of  use  of  electrical  energy  for  propulsion  of  boats  in 
canal   navigation   and   other  purposes; 

5.  Probable  depth  obtainable  for  canals  in  the  various  rivers,  water- 
ways and  sections  to  be  investigated,  and  the  cargo  capacity  of  boats 
suitable   for   different   portions   of   such   canals. 

Report. 

§  2.  The  said  department  shall  complete  such  investigation  as  soon 
as  practicable,  consistent  with  eflBciency  and  accuracy.  Its  report  and 
recommendations  shall  be  prepared  in  duplicate  and  one  copy  thereof 
transmitted  to  the  governor  on  or  before  December  1,  1912,  whereupon 
the  governor  shall  submit  the  same  with  his  recommendations  thereon, 
to  the  legislature  on  or  before  January  10,  1913. 

May  confer  with  United  States  engineers.     Construction  of  canals. 

§  3.  The  said  department,  when  thereto  directed  by  the  advisory 
board  thereof,  may  confer  with  the  board  of  officers  of  the  engineer  corps. 
United  States  army,  stationed  at  San  Francisco,  California,  the  California 
debris  commission,  and  the  official  representatives  and  engineers  of 
reclamation  and  drainage  districts,  concerning  the  investigation  contem- 
plated by  this  act.     When  appropriations  are  available  therefor,  the  de- 


Act  4368b,  §§1-3 


GENERAL  LAWS. 


2332 


partment  of  engineering,  when  thereto  directed  bv  said  advisory  board, 
shall  proceed  to  construct  canals  and  other  works  in  connection  therewith, 
in  the  manner  and  at  the  place,  or  places,  specified  by  law. 

Appropriation. 

§  4.  Tlifre  is  hereby  appropriated  the  sum  of  two  thousand  five  hun- 
dred dollars  out  of  any  moneys  in  the  state  treasury  not  otherwise  appro 
priated,  for  the  purpose  of  carrying  into  effect  the  provisions  of  this  act. 
to"  be  ex[)endpd  under  the  supervision  of  said  department  of  engineerinir. 

Controller  to  draw  warrant. 

§  5.  The  controller  of  state  is  hereby  directed  to  draw  his  warrant  for 
the  amount  herein  appropriate<l  in  favor  of  the  officers  of  said  department 
of  engineering  authorized  by  law  to  receive  the  same,  in  such  amounts 
and  at  such  times  as  may  be  approved  by  the  state  board  of  examiners, 
and  the  state  treasurer  is  directed   to  pay  the  same. 

§  6.  This  act  shall  take  effect  and  be  in  force  from  and  after  July 
1,   1911. 

ACT  4368b. 

An  act  appropriating  money  to  be  expended  by  and  under  the  direction 
of  the  department  of  engineering  for  the  purpose  of  rectifying  the 
channels  of  the  Sacramento,  San  Joaquin  and  Feather  rivers,  and 
other  river  channels  of  the  state,  and  improving  the  navigability  of 
such  streams  and  for  acquiring  land  for  necessary  rights  of  way. 
[Approved  April  21,  1911.     Stats.  1911,  p.  1072.] 

Appropriation:  Improving  Sacramento,  San  Joaquin,  and  Feather  rivers. 

§  1.  The  sum  of  two  hundred  tlmusancl  dollars  is  hereby  appropriated 
out  of  moneys  in  the  state  treasury  not  otherwise  appropriated,  to  be 
expended  by  the  department  of  engineering  for  the  purpose  of  rectifying 
and  improving  the  channels  of  the  Sacramento,  Pan  Joaquin  and  Feather 
rivers,  and  such  other  river  channels  of  the  state  as  the  department  of 
engineering  may  determine,  and  to  improve  the  navigability  of  said 
streams,  and  for  acquiring  land  for  necessary  rights  of  way  for  such 
improvements;  provided,  however,  that  before  any  expenditure  shall  he 
made  or  contracts  awarded  by  said  department,  the  work  to  be  done  shall 
be  approved  by  the  proper  officers  of  the  government  of  the  United 
States    having   charge    of    river    work    in    California. 

§  2.  All  expenditures  hereunder  for  rights  of  way,  labor,  materials, 
macliinery,  or  in  payment,  in  whole  or  in  part,  of  any  contract  shall,  be- 
fore being  paid,  be  audited  by  the  state  board  of  examiners  as  jirovided 
by  law. 

§  3.  Of  the  sum  of  money  herein  appropriated  fifty  thousand  dollars 
thereof  shall  become  availalile  on  the  first  day  of  .luly,  1911,  and  the 
remaining  one  hundred  and  tifty  thousand  dollars  thereof  on  the  first 
day  of  July,   1912. 


2333  WATERS.  Act  4368c 

ACT  4368c. 

An  act  regulating  anrl  limiting  the  appropriation  of  water  and  the  use 
of  water  for  generating  electricity  or  electrical  or  other  power;  fix- 
ing the  terms  and  conditions  and  providing  the  manner  and  proce- 
dure upon  which  water  or  the  use  of  water  for  generating  electricity 
or  electrical  or  other  power  may  be  appropriated  and  providing  for 
the  renewal  of  licenses  granted  hereunder;  providing  for  the  issu- 
ing of  licenses  for  water  or  the  use  of  water  for  generating  elec- 
tricity or  electrical  or  other  power  and  limiting  rights  under  such 
licenses;  prohibiting  the  appropriation  of  water  or  the  use  of  water 
for  generating  electricity  or  electrical  or  other  power  for  a  longer 
period  than  forty  j-ears;  limiting  the  right  to  water  or  the  use  of 
water  appropriated  for  generating  electricity  or  electrical  or  other 
power  to  the  specific  purposes  for  which  it  is  appropriated;  declar- 
ing certain  water  to  be  unappropriated;  providing  for  the  granting 
of  licenses  to  divert  and  store  surplus  and  flood  waters  for  generat- 
ing electricity,  or  electrical  or  other  power  and  declaring  what  is 
surplus  water;  reserving  to  the  state  the  right  to  regulate  and  fix 
the  rates  of  compensation  for  which  electricity  or  electrical  or  other 
power  generated  by  water  or  the  use  of  water  appropriated  may  be 
sold,  rented  or  distributed;  reserving  to  the  state  the  right  to  im- 
pose charges  for  water  or  the  use  of  water  appropriated  for  elec- 
tricity or  electrical  or  other  power  and  fixing  fees  and  charges; 
preventing  the  combination  or  formation  of  any  unlawful  trust  by 
appropriators  of  water  or  the  use  of  water  for  generating  electricity 
or  electrical  or  other  power  and  providing  a  penalty  therefor;  creat- 
ing and  establishing  a  state  water  commission;  providing  the  powers 
and  duties  of  said  water  commission  and  fixing  their  compensation; 
compelling  persons,  firms,  associations  and  corporations  supplying 
electricity  or  electrical  or  other  power  generated  by  the  use  of  ap- 
propriated water  to  keep  their  plants  and  systems  in  repair  and  re- 
quiring an  annual  report  from  them  to  said  water  commission;  pro- 
viding for  the  appointment  and  compensation  of  employees  and 
assistants  to  said  water  commission;  limiting  the  expenses  of  said 
water  commission  and  providing  for  the  payment  thereof;  making  an 
appropriation  to  carry  out  the  provisions  of  this  act;  fixing  the  place 
of  business  of  said  water  commission;  declaring  the  diversion  of 
water  or  use  of  water  for  generating  electricity,  or  electrical  or  other 
power,  otherwise  than  provided  in  this  act,  to  be  a  misdemeanor  and 
providing  a  penalty  therefor,  and  also  pro^^ding  penalties  for  other 
violations  of  this  act;  repealing  an  act  entitled  "An  act  regulating 
and  limiting  the  appropriation  of  water  for  generating  electriety  or 
electrical  or  other  power;  fixing  the  terms  and  conditions  and  provid- 
ing the  manner  and  procedure  upon  which  water  for  generating  elec- 
tricity or  electrical  or  other  power  may  be  appropriated  and  provid- 
ing for  the  renewal  of  licenses  granted  hereunder;  providing  for  the 
issuing  of  licenses  for  the  use  of  water  for  generating  electricity  or 
electrical   or   other  power   and  limiting   rights   under   such   licenses; 


Act  4368c,  §§1,2 


GENERAL   LAWS, 


2334 


prohibiting  the  appropriation  of  water  or  the  use  of  water  for  gener- 
ating electricity  or  electrical  or  other  power  for  a  longer  j^eriod  than 
twenty-five  years;  limiting  the  right  to  the  use  of  water  appropriated 
for  generating  electricity  or  electrical  or  other  power  to  the  specific 
purposes  for  which  it  is  appropriated;  declaring  certain  water  to  be 
unappropriated;  providing  for  the  granting  of  licenses  to  divert  and 
store  surplus  and  flood  waters  for  generating  electricity,  or  electrical 
or  ofccr  power  and  declaring  what  is  surplus  water;  reserving  to  the 
state  tiie  right  to  regulate  and  fix  the  rates  of  compensation  for 
which  electricity  or  electrical  or  other  power  generated  by  water  ap- 
propriated may  be  sold,  rented  or  distributed;  reserving  to  the  state 
the  right  to  impose  charges  for  the  use  of  water  appropriated  fr 
electricity  or  electrical  or  other  power  and  fixing  fees  and  chargi-. 
preventing  the  combination  or  formation  of  any  unlawful  trust  1  ' 
appropriators  of  water  or  the  use  of  water  for  generating  electricit\ 
or  electrical  or  other  power  and  providing  a  penalty  therefor;  creat- 
ing and  establishing  a  state  board  of  control;  providing  the  powers 
and  duties  of  said  board  of  control  and  fixing  their  compensation; 
comiiclling  persons,  firms,  associations  and  corporations  supply- 
ing electricity  or  electrical  or  other  power  generated  by  the  use  of 
apjiropriated  water  to  keep  their  plants  and  systems  in  repair  and 
requiring  an  annual  report  from  them  to  said  board  of  control;  pro 
viding  for  the  appointment  and  compensation  of  employees  and  as- 
sistants to  said  board  of  control;  limiting  the  expenses  of  said  board 
of  control  and  providing  for  the  payment  thereof;  fixing  the  place 
of  business  of  said  board  of  control;  declaring  the  diversion  or  use 
of  water  for  generating  electricity,  or  electrical  or  other  power, 
otherwise  than  provided  in  this  act,  to  be  a  misdemeanor  and  provid- 
ing a  penalty  therefor,  and  also  providing  penalties  for  other  viola- 
tions of  this  act;  repealing  all  acts  and  parts  of  acts  in  conflict  with 
this  act,"  approved  April  8,  1911,  and  all  acts  and  parts  of  acts  iu 
conflict  with  this  act. 

[Approved  January  2,  1012.     Stats.  Ex.  Sess.  1911,  p.  17.5.] 
See    in    connection    with    this    act    the    act    of    June    16,    1913    (Stats.    1913,    p. 
1012).      See  ante,   Act  4340. 

Period,  of  appropriation. 

§  1.  Water  or  the  use  of  water  for  the  generation  of  electricity  or  of 
electrical  or  other  power  shall  not  be  appropriated  for  a  longer  period 
than  forty  years. 

General  application  of  act. 

§  2.     Subject   to   vested   and  existing  rights,  in   so  far   as  such   vested 
and  existing  rights  are  based  upon  actual  needs  and  application  to  useful 
or  beneficial  purposes,  the  apjiropriation  of  water  or  of  the  use  of  wat-  •• 
for  the  genention  of  electricity  or  of  electrical  or  other  power  shall   ' 
made  as  provided  by  this  act,  and  not  othcrwi.se;  provided,  however,  th:i: 


2335  WATERS.  Act  4368c,  §§3-7 

nothing  in  this  act  shall  be  construed  to  validate  any  right  or  privilege 
now  invalid  or  hereafter  becoming  invalid  under  any  law  of  this  state. 

Restrictions  on  use  of  appropriated  water. 

§  3.  Water  or  the  use  of  water  appropriated  for  purposes  other  than 
the  generation  of  electricity  or  of  electrical  or  other  power  shall  not  be 
used  for  the  generation  of  electricity  or  of  electrical  or  other  power  ex- 
cept under  a  separate  and  distinct  appropriation  made  as  provided  in 
this  act  for  such  purpose. 

Declaration  of  what  is  unappropriated  water. 

§  4.  All  water  or  the  use  of  water  which  has  been  heretofore  appro- 
priated and  which  has  n.)t  been  put,  or  which  has  ceased  to  be  juit  to 
some  useful  or  beneficial  purpose,  or  which  is  not  now  in  process  of  being 
put  to  some  useful  or  beneficial  purpose  with  due  diligence  in  proportion 
to  the  magnitude  of  the  work  necessary  properly  to  utilize  for  the  pur 
pose  of  such  appropriation  such  water  or  such  use  of  water,  is  hereby 
declared   to   be  unappropriated. 

Right  of  state  to  fix  rates. 

§  5.  All  appropriations  of  water  or  the  use  of  water  for  generating 
electricity  or  electrical  or  other  power  shall  be  subject  to  the  right  of 
the  state  to  regulate  and  fix  the  rates  of  compensation  for  which  such 
electricity  or  electrical  or  other  power  may  be  sold,  rented  or  distributed. 

Application  for  permit  to  make  appropriation  of  water. 

§  6.  Any  person,  firm,  association  or  corporation  hereafter  intending 
to  appropriate  water  or  the  use  of  water  for  the  generation  of  electricity, 
or  of  electrical  or  other  power,  before  commencing  the  construction  or 
enlargement  or  extension  of  any  building,  power-house,  ditch,  canal  or 
any  distributing  or  controlling  works,  or  performing  any  work  in  connec- 
tion with  said  appropriation  or  ]iroposed  appropriation,  shall  make  an 
application  in  duplicate  to  the  state  water  commission,  provided  for  in 
this  act,  for  a  permit  to  make  such  appropriation.  No  person,  firm,  as- 
sociation or  corporation  shall  willfully  divert  or  use  water  or  shall  will- 
fully attempt  to  divert  or  use  water  for  generating  electricity  or  elec- 
trical or  other  power  without  first  complying  with  the  provisions  of  this 
act.  The  possession  or  use  of  water  for  generating  electricity  or  elec- 
trical or  other  power,  except  when  a  right  to  said  water  or  the  use  thereof 
shall  have  been  acquired  in  accordance  with  law,  shall  be  prima  facie 
evidence  of  such  willful  diversion  or  use  or  attempted  diversion  or  use 
of  such  water. 

Contents  of  application  for  permit  to  make  appropriation  of  water, 

§  7.  Every  application  for  a  permit  to  appropriate  water  or  the  use  of 
water  for  the  generation  of  electricity  or  of  electrical  or  other  power 
shall  set  forth  the  residence,  or  principal  place  of  business  if  the  applicant 
be  a  corporation,  the  postofiice  address  of  the  applicant,  the  source  of  the 
water  or  the  use   of  water  to  be  appropriated  or  used,  the   nature  and 


Act  4368c,  §§8,9 


GENERAL   LAWS. 


2336 


amount  of  the  proposed  use,  the  head  of  and  amount  of  water  to  be 
utilized,  the  uses  to  which  the  water  and  electricity  or  electrical  or  other 
power  are  to  be  applied,  the  nature,  the  location  (which  may  be  changed 
by  permission  of  the  state  water  commission),  the  character,  the  esti- 
mated capacity,  and  the  estimated  cost  of  the  works,  and  whether  the 
water  is  to  be  and  will  he  returned  to  the  stream  or  source  from  which 
it  is  to  be  taken,  and  if  so  at  what  point  on  the  stream  or  source  it  is  pro- 
posed to  return  said  water  to  said  stream  or  source.  If  the  application 
is  for  the  construction  of  a  reservoir  for  the  purpose  of  storing  water  to 
be  used  for  the  generation  of  electricity  or  of  electrical  or  other  power, 
it  shall  give  the  estimated  height  of  the  dam  and  the  estimated  capacity 
of  the  reservoir  in  addition  to  the  other  requirements  above  set  forth. 
All  applications  shall  be  accompanied  by  such  maps  and  drawings  in 
duplicate  and  such  other  data  in  duplicate  as  may  be  prescribed  by  the 
water  commission,  and  such  accompanying  data  shall  be  considered  as 
a  part  of  the  application.  A  true  copy  of  such  application  without  such 
accompanying  data  and  maps  and  drawings  shall  be  recorded  by  the  ap- 
plicant in  the  office  of  the  recorder  of  the  county,  or  city  and  county, 
in  which  the  proposed  works  are  to  be  erected,  within  ten  days  after  said 
application  is  filed  with  said  commission. 

Examination  of  application.     Supplemental  application. 

§  8.  Upon  receipt  of  an  application  under  this  act,  it  shall  be  the 
duty  of  the  water  commission  immediately  to  cause  to  be  made  an  in- 
dorsement thereon  of  the  date  of  its  receipt,  and  to  keep  the  duplicate 
of  said  application  and  its  indorsement  on  tile  as  a  record  of  the  same. 
The  water  commission  shall  immediately  examine  the  said  application 
after  it  has  been  filed.  If,  upon  such  examination,  the  application  is 
found  to  be  defective,  one  copy  of  it  and  its  accompanying  data,  maps 
and  drawings  shall  be  returned  to  the  applicant  for  correction  or  com- 
pletion, and  the  date  of  and  reasons  for  the  return  thereof  shall  be 
indorsed  thereon,  and  a  record  kejit  of  such  indorsement  in  the  office 
of  the  water  commission.  No  application  shall  lose  its  priority  of  filing 
on  account  of  such  defect;  provided,  a  pro|>er  application  is  fib  d  in  the 
office  of  the  water  commission  within  tliirty  days  of  the  date  of  said 
return  to  the  apidicant.  It  shall  be  the  duty  of  the  water  commission 
within  six  months  to  enter  an  order  directing  the  rejection  of  such  ap- 
plication if  after  further  hearing  the  public  interests  shall  seem  to  the 
water  commission  so  to  demand.  Applications  may  be  approved  for  a 
less  amount  of  water  or  the  use  of  water  than  that  applied  for,  if  there 
exist  substantial  reasons  therefor,  but  in  any  event  shall  not  be  ap- 
proved for  more  water  or  the  use  of  water  than  can  be  applied  to  the 
use  for  which  apjilication  is  made  under  an  efficient  and  economical 
use  thereof. 

Indorsement  of  application.     Duties  and  rights  of  applicant  in  case  of 
approval. 
§  9.     The   apjiroval    or   rejection    of   an    application    shall    be    indorsed 
thereon  and  a  record  made  of  such  indorsement  in  the  office  of  the  water 


2337  WATERS.  Act  4368c,  §§10-12 

commission.  One  copy  of  the  application  so  indorsed  shall  be  returned 
immediately  to  the  applicant  in  person  or  by  registered  mail.  If  said 
application  be  approved,  the  applicant  shall  immediately  record  said  ap- 
jiroved  application,  together  with  the  indorsement  thereon,  in  the  office 
of  the  recorder  of  the  county,  or  city  and  county,  in  which  the  proposed 
works  are  to  be  constructed,  and  shall  be  authorized  on  receipt  of  said 
approval  and  on  recording  the  same,  to  proceed  with  the  construction  of 
the  necessary  works,  and  to  take  all  steps  required  to  apply  the  water 
or  the  use  of  the  water  to  the  purpose  of  generating  electricity  or 
electrical  or  other  power,  as  provided  in  the  approved  application,  and  to 
jirrfect  the  projiosed  appropriation;  provideil,  however,  that  no  right  in 
II r  to  such  water  or  the  use  thereof  shall  vest  in  or  accrue  to  the  said 
ipplicant  until  the  final  permit  is  issued  as  is  hereinafter  provided. 

Approval  of  application  may  be  revoked  for  failure  to  do  work.  Ex- 
tension of  time. 
§  10.  Actual  construction  work  shall  begin  within  six  months  from 
fhe  date  of  the  approval  of  the  application,  and  the  construction  of  the 
work  shall  thereafter  be  prosecuted  with  reasonable  diligence  in  propor- 
tion to  the  magnitude  of  the  undertaking,  and  if  such  work  is  not  so  com- 
menced and  prosecuted,  the  water  commission  may  revoke  its  approval 
of  the  application;  and  such  work  shall  be  completed  within  a  reason- 
able time  as  fixed  in  the  permit  not  to  exceed  five  years  from  the  date 
of  such  approval.  Upon  application  of  the  proposed  appropriator  the 
water  commission  may  for  good  cause  shown  extend  the  time  within 
which  such  work  shall  be  completed  under  any  permit,  but  no  such  ex- 
tension shall  be  for  a  longer  period  than  one  year,  beyond  the  period 
fixed  in  the  permit. 

Examination  upon  completion  of  works. 

§  11.  Upon  the  completion  of  the  works  for  the  diversion  and  appli- 
cation of  water  or  the  use  of  water  under  this  act,  the  holder  of  such 
permit,  or  his  assigns,  shall  report  such  completion  to  the  water  com- 
mission, and  the  water  commission  without  delay  shall  cause  to  be 
made  a  full  inspection  and  examination  of  the  works  constructed  and 
a  report  upon  their  construction  and  condition,  and  whether  or  not  they 
conform  to  the  terms  of  the  application  and  permit  and  are  adequate 
for  the  purposes  intended. 

Final  permit.     License. 

§  12.  Upon  the  receipt  of  such  report,  the  commission  shall,  if  the 
law  has  been  fully  complied  with,  and  if  the  work  shall  have  been  com- 
pleted in  accordance  with  the  application,  issue  a  license  to  the  appli- 
cant or  his  assigns,  allowing  him  or  them  to  divert  and  use  said  water, 
or  so  much  thereof  as  may  be  necessary,  for  the  use  proposed,  for  a 
certain  period  of  time  therein  specified,  but  in  no  case  for  more  than 
forty  years.  Licenses  granted  upon  application  made  under  this  act 
147 


Act4368c,§§  13-17  general  laws.  2338 

for  water  or  the  use  of  water  shall  be  numbered  consecutively  as  to 
each  stream  or  other  source  in  the  order  as  to  the  dates  when  such  ap- 
plications are  filed. 

Contents  of  license. 

§  13.  Said  license  shall  set  forth  the  name  of  the  licensee,  his  place 
of  residence,  and  if  a  corporation  or  firm  or  association  the  date  of  its 
organization  and  its  principal  place  of  business,  the  stream  or  source 
from  which  the  water  is  to  be  diverted  or  used,  the  quantity  of  water 
the  licensee  is  authorized  to  divert  from  the  stream  or  source,  the  poirt 
or  points  on  said  stream  or  source  at  which  said  water  is  to  be  diverts.; 
or  used,  the  location  of  the  proposed  works,  the  period  of  time  for 
which  the  water  may  be  used,  which  in  no  case  shall  be  for  more  than 
forty  years,  by  what  means,  and  the  purposes  for  which  the  licensee  is 
authorized  to  use  the  same. 

Bights  of  licensee. 

§  li.  Any  license  issued  as  above  provided  for  water  or  the  use  of 
water  approj>riated  under  this  act  shall  vest  in  the  licensee  the  right  t" 
the  use  of  the  amount  of  water  mentioned  therein  for  the  period  nf 
time  therein  set  forth,  in  the  manner  and  for  the  purj)oses  therein  men 
tioned  and  not  otherwise;  provided,  that  smh  lii-ense  shall  not  impair  or 
affect  any  rights  to  water  or  the  use  of  water  which  shall  have  becoiin' 
vested  prior  to  the  making  of  the  application  above  provided  for. 

Renewal  of  license. 

§  15.  Any  appro]>riator  of  water  or  the  use  of  water  under  the  pm 
visions  of  this  act  for  the  purpose  of  generating  electricity  or  electri-  al 
or  other  power,  or  the  successor  or  assigns  of  said  appropriator,  if  a 
renewal  or  extension  of  the  license  herein  provided  for  is  ilesired,  shall, 
not  less  than  one  or  more  than  two  years  prior  to  the  termination  of 
the  license  granted  as  herein  provided,  notify  the  water  commission  that 
a  renewal  and  extension  of  such  licenst-  is  desired.  The  water  com- 
mission shall  thereupon  issue  to  said  appropriator  a  renewal  and  ex- 
tension of  said  license  for  a  fixeil  period,  but  in  no  case  for  more  than 
a  period  of  fortj'  years  from  the  date  of  such  renewal  in  compliance 
with  such  laws  of  the  state  as  shall  then  be  in  force  regulating  the  re- 
newal, issuing  and  granting  of  any  license  for  water  or  the  use  of  water 
for  generating  electricity  or  electrical  or  other  power. 

Excess  capacity  of  works. 

§  16.  No  license  for  the  appropriation  of  water  or  the  use  of  water 
as  herein  provided  shall  be  valid  as  to  any  excess  of  the  capacity  of 
the  works  actually  constructed. 

Use  of  surplus  water. 

§  17.  The  water  commission  may,  upon  application  made  therefor  in 
the  manner  provided  in  this  act  and  upon  like  procedure,  grant  to  any 
person,  firm,  association  or  corporation  a  license  to  divert  and  store  for 


2339  WATERS.  Act  4368c,  §§18-21 

the  purpose  of  peneratinjy  electricity  or  electrical  or  other  power  the 
surplus  waters  of  any  stream  during  floods  or  high  water,  or  during 
those  portions  of  the  year  when  such  water  is  not  required  or  being 
stored  for  irrigation  purposes,  and  for  the  purpose  of  this  act  all  water 
which  is  not  used  during  the  season  of  flood  or  high  water  is  declared 
to  be  surplus  water. 

Bight  of  state  to  fix  fees  and  charges  to  appropriators. 

§  18.  All  appropriation  of  water  or  the  use  of  water  for  generating 
electricity  or  electrical  or  other  power  heretofore  or  hereafter  made 
shall  be  subject  to  the  right  of  the  state  to  impose  the  fees  and  charges 
herein  provided,  and  shall  also  be  subject  to  the  right  of  the  state  to 
increase  or  decrease  such  fees  and  charges  from  time  to  time  thereafter. 

Fee  for  applicants.  Fee  and  charge  for  licensees.  Disposition  of  fees 
collected. 
§  19.  Every  person,  firm,  association  or  corporation  making  applica 
tion  for  permission  to  appropriate  water  or  the  use  of  water  under  this 
act  shall,  at  the  time  of  filing  the  said  application,  pay  to  said  water 
commission  a  fee  of  ten  dollars.  Every  person,  firm,  association  or  cor- 
poration at  the  time  of  receiving  a  license  to  appropriate  water  or  the 
use  of  water,  as  provided  in  this  act,  shall  pay  to  said  commission  a 
fee  of  one  hundred  dollars,  and  shall  also  pay  to  said  commission  when 
the  said  license  is  issued,  and,  in  addition  thereto  and  annually  thereafter, 
shall  pay  to  said  commission  a  charge  for  each  theoretical  horse-power 
of  the  works  estimated  as  follows:  For  the  first  one  hundred  (100)  horse- 
power there  shall  be  no  charge;  and  for  all  above  one  hundred  (100) 
horsepower  ten  (10)  cents  for  each  horse-power.  All  fees  collected  shall 
be  accounted  for  at  the  following  regular  meeting  of  the  water  com- 
mission and  paid  by  said  commission  into  the  general  fund  of  the  state 
treasury  within  thirty  days  thereafter. 

Water  commission,  how  constituted  and  term  of  members.  Compensation. 
§  20.  For  the  purpose  of  carrying  out  the  provisions  of  this  act.  a 
commission,  to  consist  of  five  persons,  is  hereby  created  and  established 
to  be  known  as  the  state  water  commission.  Three  members  of  said 
commission  shall  be  appointed  by  the  governor  for  a  term  of  four  years; 
provided,  that  the  members  first  appointed  shall  be  appointed  so  that  one 
of  them  shall  go  out  of  office  at  the  end  of  one  year,  one  at  the  end 
of  two  years,  and  one  at  the  end  of  three  years.  The  governor  and 
the  state  engineer  are  liereby  made  ex-officio  members  of  said  commission 
in  addition  to  the  three  members  appointed  by  the  governor.  The  ap- 
pointed members  of  said  commission  shall  receive  as  compensation  for 
services  rendered  by  them,  as  such  members,  the  sum  of  ten  (16)  dollars 
per  day  for  each  day's  service  actually  rendered. 

General  powers  and  duties. 

§  21.  The  water  commission  is  hereby  authorized  and  empowered  to 
do   and  perform  the   acts  and  things  required  of  it  by  this  act  and  to 


Act  4368c,  §§22-26 


GENERAL   LAWS. 


2340 


adopt  rules  and  regulations  necessary  to  carry  out  the  provisions  of  this 
act,  and  it  shall  be  the  duty  of  the  commission  to  provide  for  the  public 
hearing  upon  the  merits  of  all  applications  filed  with  the  commission 
and  to  prescribe  the  rules  of  procedure  to  be  observed  at  such  hearings. 

Authority  to  administer  oaths  and  issue  process. 

§  22.  E\cry  m_C'm])pr  of  said  water  commission  is  hereby  authorized 
to  administer  oaths  and  to  cause  the  production  of  persons,  papers,  rec- 
ords and  books  in  all  matters  of  business  transacted  before  said  com- 
mission. 

Record  of  commission. 

§  23.  A  full  and  accurate  record  of  the  business  transacted  or  arts 
performed  by  any  member  of  the  water  commission,  and  the  proceed- 
ings  of   the   meetings   of   said   commission,   shall   be    kept   and   shall   be 

placed  on  file  in  the  office  of  said  water  commission. 

Power  to  employ  assistants.     Eeappropriation. 

§  24.  Said  commission  is  hereby  granted  power  tn  employ  such  per- 
sons and  to  engage  such  assistants,  clerical,  professional  and  other, 
as  it  may  see  fit,  and  at  such  salaries  or  compensation  a?  the  commis- 
sion may  determine.  And  for  the  purpose  of  carrying  out  the  provisions 
of  this  act  so  much  of  the  sum  appropriated  by  chajiter  406  of  the  laws 
of  1911,  approved  April  8,  1911,  entitled  "An  act  regulating  and  limit- 
ing the  appropriation  of  water  for  generating  electricity,"  etc.,  as  may 
not  have  been  expended  is  hereby  reappropriated,  and  the  state  con- 
troller is  hereby  authorized  and  directed  to  draw  his  warrants  from  time 
to  time  on  the  requisition  of  the  state  water  commission  approved  by 
the  state  board  of  control,  and  the  state  treasurer  is  hereby  authorized 
and  directed  to  pay  such  warrants. 

Payment  of  salaries  and  expenses. 

§  25.  All  indebtedness  incurred  for  salaries,  and  all  necessary  costs 
and  traveling  and  other  expenses  of  said  commission,  and  each  of  its 
members  and  persons  employed  by  it,  while  actually  engaged  in  the  busi- 
ness of  said  commission,  shall  be  paid  by  the  state  out  of  the  funds 
hereby  appropriated  upon  a  sworn  statement  of  the  person  or  persons 
incurring  such  indebtedness  and  upon  the  approval  of  the  water  commis- 
sion and  the  state  board  of  control  upon  warrants  drawn  upon  the  state 
treasurer  as  provided  by  law  for  the  payment  of  similar  costs  and  ex- 
penses and  the  drawing  of  similar  warrants. 


2341  WATERS.  Act  4368e,  §§27-29 

commission  the  condition  of  their  ])lants  and  distributing  systems,  the 
number  of  kilowatt  iiours  of  electricity  or  electrical  or  other  power 
generated  during  each  month  of  said  year,  the  number  of  kilowatt  hours 
of  electricity  or  electrical  or  other  power  rented,  sold  or  distributed 
during  each  month  of  said  year,  and  the  names  of  the  persons,  firms, 
associations  or  corporations  to  whom  said  power  has  been  rented,  sold  or 
distributed. 

Of8.ce  of  commission,  location. 

§  27.  The  water  commission  shall  maintain  its  office  at  Sacramento, 
California.  The  superintendent  of  capitol  building  and  grounds  shall 
furnish  and  set  aside  in  the  capitol  rooms  suitable  for  offices  for  said 
■water  commission,  and  if  the  superintendent  of  capitol  building  and 
grounds  shall  make  and  file  an  affidavit  with  the  said  commission  that 
it  is  not  possible  for  him  as  such  superintendent  of  capitol  building  and 
grounds  to  provide  offices  for  said  commission  in  the  capitol,  then  the 
said  commission  may  rent  rooms  suitable  for  offices  in  the  city  of  Sacra- 
mento, and  said  rental  shall  be  deemed  a  necessary  expense  of  said  com- 
mission. 

Combinations  in  restraint  of  trade  forbidden.     Forfeiture  of  rights. 

§  28.  No  person,  firm,  association  or  corporation  appropriating  water 
or  the  use  of  water  hereunder  shall  enter  into  any  agreement,  com- 
bination or  trust  in  restraint  uf  trade  contrary  to  law,  and  if  any  of  the 
works  owned  or  operated  by  any  licensee  under  this  act  or  his  assign 
or  assigns  shall  be  owned,  leased,  trusteed,  possessed  or  controlled  by 
any  device,  permanently,  temporarily,  directly  or  indirectly,  tacitly,  or 
in  any  manner  whatsoever,  so  that  it  or  they  form  a  part  of  or  in  any 
way  efi'ect  any  combination,  or  if  it  or  they  are  in  anywise  controlled 
by  any  combination  or  conspiracy  to  limit  the  output  of  electricity  or 
electrical  or  other  power,  or  to  increase  the  price  at  which  electricity 
or  electrical  or  other  power  is  sold,  rented  or  distributed,  or  to  prevent 
the  lowering  of  said  price  or  in  restraint  of  trade  with  foreign  nations, 
or  between  two  or  more  states  or  territories  or  with  any  state  or  territory, 
in  the  generation,  sale,  distribution  of  electricity  or  electrical  or  other 
power,  all  rights  to  the  appropriation  of  water  or  the  use  of  water  shall 
cease  and  be  forfeited  to  the  people  of  the  state  by  proceedings  in- 
stituted in  the  courts  for  that  purpose  by  the  attorney  general  of  the 
state  either  upon  his  own  initiative  or  upon  demand  of  the  water  com- 
mission. 

Penalty  for  violations  of  this  act 

§  29.  Any  violation  of  the  provisions  of  this  act,  or  of  any  order 
or  regulation  of  the  water  commission,  is  hereby  declared  to  be  a  mis- 
demeanor, and  shall  be  punished  by  a  fine  not  exceeding  five  thousand 
(5,000)  dollars  or  by  imprisonment  in  the  county  jail  not  exceeding  one 
(1)  year,  or  by  both  such  fine  and  imprisonment.  It  shall  be  the  duty 
of  the  water  commission  to   enforce   the  provisions  of   this  act,  and  to 


Act  4368c,  §§30,31 


GENERAL,  LAWS. 


2342 


prosecute  violations  tliereof  by  proceeding  in  a  conrt  of  competent  juris- 
diction against  any  person,  firm,  association  or  corporation  violating 
any  such  provisions,  or  failing  or  refusing  to  comply  with  any  regulatifm 
or  requirement  of  the  water  commission  made  pursuant  to  the  provisions 
of  this  act. 

Application  of  act  to  municipal  corporations,  irrigation  districts,  and 
lighting  districts. 
§  30.  Xone  of  the  provisions  of  this  act  shall  apply  to  municipal 
corporations,  other  than  irrigation  districts  or  lighting  districts,  nor  to 
the  use  by  any  irrigation  district  of  water  for  the  generation  of  electri- 
city, electrical  or  other  power  only  for  use  and  ilistribution  within  its 
own  limits,  and  as  subsidiary  to  and  mainly  for  the  purpose  of  serving 
and  carrying  out  irrigation,  nor  to  the  hsc  by  any  lighting  district  of 
water  for  the  generation  of  electricity,  electrical  or  other  power  only 
for  use  and  distribution  within  its  own  limits;  provided,  however,  that 
all  municii)al  corporations,  other  than  irrigation  districts  and  lighting 
districts,  desiring  to  approjniate  wa.ter  for  the  generation  of  electricity, 
electrical  or  other  power,  and  all  irrigation  districts  and  lighting  dis- 
tricts desiring  to  apiiropriate  water  for  the  generation  of  electricity, 
electrical  or  other  power,  and  all  irrigation  districts  and  lighting  dis- 
tricts desiring  to  appropriate  water  for  the  generation  of  electricity,  elec- 
trical or  other  power,  for  the  uses  hereinabove  in  this  section  specified 
shall  within  ten  days  from  the  time  that  they  post  and  record  notices 
of  appropriation,  as  required  by  law,  file  with  the  water  commission  a 
notice  of  said  ap]>ropriation  together  with  the  name  and  postoffice  adilress 
of  the  appropriator.  the  source  of  the  water  to  be  appropriated  or  used, 
the  nature  and  amount  of  the  proposed  use,  the  head  of  an[d]  amount 
of  water  proposed  to  be  utilized,  the  uses  to  which  the  water  and  jiower 
are  to  be  applied,  the  nature,  location,  character,  estimated  capacity  and 
estimated  cost  of  the  works  and  whether  the  water  is  to  be  and  will  be 
returned  to  the  stream  or  source  from  which  it  is  to  be  taken  and,  if 
so,  at  what  point  on  said  stream  or  source.  If  the  appropriation  con- 
templates the  construction  of  a  reservoir  for  the  purpose  of  storing  water 
to  be  used  for  the  generation  of  electricity  or  electrical  or  other  power, 
the  notices  filed  with  the  commission  shall  also  give  the  estimated  height 
of  the  dam  and  the  estimated  capacity  of  the  reservoir  in  addition  to 
the  other  reciuiremoiits  above  set  forth. 

Liability  of  persons  participating  in  violations  of  this  act 

§  31.  Whenever  in  this  act  the  performance  or  doing  of  certain  acts 
or  things  by  any  firm,  association  or  corporation  is  made  a  misdemeanor, 
and  a  penalty  provided  therefor,  the  person,  officer,  member,  manager, 
agent,  director  or  employee  of  any  such  firm,  association  or  corporation 
who  bv  vote,  act,  authorization,  direction,  order  or  request  shall  have 
caused  such  act  or  thing  to  be  done  is  likewise  and  in  the  same  manner 
guiltv  of  a  misdemeanor,  and  shall  be  punished  likewise  and  in  the  same 
manner  as  the  person  actually  performing  or  doing  the  act  or  thing. 


2343  WATERS.  Act  4368c,  §§  32, 33 

Repeal  of  other  acts. 

§  32.  An  act  entitled  "An  ac4;  regulating  and  limiting  the  appropria- 
tion of  water  for  generating  electricity  or  electrical  or  other  power; 
fixing  the  terms  and  conditions  and  providing  the  manner  and  procedure 
upon  which  water  for  generating  electricity  or  electrical  or  other  power 
may  be  appropriated  and  providing  for  the  renewal  of  licenses  granted 
hereunder;  providing  for  the  issuing  of  licenses  for  the  use  of  water 
for  generating  electricity  or  electrical  or  other  power  and  limiting 
rights  under  such  licenses;  prohibiting  the  appropriation  of  water  or 
the  use  of  water  for  generating  electricity  or  electrical  or  other  power 
for  a  longer  period  than  twenty-five  years;  limiting  the  right  to  the  use 
of  water  appropriated  for  generating  electricity  or  electrical  or  other 
power  to  the  specific  purposes  for  which  it  is  appropriated;  declaring 
certain  water  to  be  unappropriated;  j)roviding  for  the  granting  of 
licenses  to  divert  and  store  surplus  and  flood  waters  for  generating  elec- 
tricity, or  electrical  or  other  power  and  declaring  what  is  surplus  water; 
reserving  to  the  state  the  right  to  regulate  and  fix  the  rates  of  com- 
pensation for  which  electricity  or  electrical  or  other  power  generated 
by  water  appropriated  may  be  sold,  rented  or  distributed;  reserving 
to  the  state  the  right  to  impose  charges  for  the  use  of  water  appropriated 
for  electricity  or  electrical  or  other  power  and  fixing  fees  and  charges; 
preventing  the  combination  or  formation  of  any  unlawful  trust  by  ap- 
propriators  of  water  or  the  use  of  water  for  generating  electricity  or 
electrical  or  other  power  and  providing  a  penalty  therefor;  creating  and 
establishing  a  state  board  of  control;  providing  the  powers  and  duties  of 
said  board  of  control  and  fixing  their  compensation;  compelling  persons, 
firms,  associations  and  corporations  supplying  electricity  or  electrical  or 
other  power  generated  by  the  use  of  appropriated  water  to  keep  their 
plants  and  systems  in  repair  and  requiring  an  annual  report  from  them 
to  said  board  of  control;  providing  for  the  appointment  and  compensation 
of  employees  and  assistants  to  said  board  of  control;  limiting  the  ex- 
penses of  said  board  of  control  and  providing  for  the  payment  thereof; 
fixing  the  place  of  business  of  said  board  of  control;  declaring  the 
diversion  or  use  of  water  for  generating  electricity,  or  electrical  or  other 
power,  otherwise  than  provided  in  this  act,  to  be  a  misdemeanor  and 
providing  a  penalty  therefor,  and  also  providing  penalties  for  other 
violations  of  this  act;  repealing  all  acts  and  parts  of  acts  in  conflict  with 
this  act,"  approved  April  8,  1911,  and  all  acts  or  parts  of  acts  in  con- 
flict herewith  are  hereby  repealed. 

§  33.  This  act  shall  take  effect  ninety  days  after  the  final  adjourn- 
ment of  this  session  of  the  legislature. 


Acts  4369a,  4384 


GENERAL   LAWS. 


2344 


TITLE  558. 

WATERING  BESORTS. 
ACT  4369a. 

An  act  to  regulate  the  keeping  of  bathing  places  and  swimming  resorts 

on    rivers   and   streams. 

[Approved  April  6,  1911.     Stats.  1911,  p.  685.] 

Keepers  of  public  bathing  resorts  to  provide  for  safety  of  bathers. 

§  1.  It  shall  ]j(?  unlawful  for  any  person,  firm  or  t;or]iorat ion  to  main 
tain  any  public  Vjatliing  or  swimming  jilace  or  resort  on  the  rivers  ai,  1 
streams  of  this  state  unless  they  shall  carefully  sound  the  depths  vf 
water  and  locate  the  eddies  and  pools  and  determine  the  presence  an  1 
nature  of  dangerous  currents  or  sunken  logs,  rocks  or  obstructions  in  su'  " 
streams  or  rivers.  Signs  indicating  in  plain  letters  the  depth  of  water 
the  location  of  pools  or  eddies,  and  the  presence  and  direction  of  currents 
of  water  shall  be  placed  and  maintained  in  the  streams  and  rivers  during 
the  season  when  bathing  and  swimming  is  permitted  or  invited  in  said 
streams  or  rivers.  Safety  ropes  shall  he  stretched  wherever  neces- 
sary to  show  the  line  of  eddies,  pools,  sunken  obstructions  and  other  hid- 
den dangers  to  bathers  in  such  streams  and  rivers. 

Any  violation  of  this  act  shall  be  a  misdemeanor. 


TITLE  561. 

WEIGHTS   AND   MEASURES. 

ACT  4384. 

An  act  to  establish  a  standard  of  weights  and  measures  in  the  state  of 
California;  to  regulate  weights  and  measures  and  weighing  and 
measuring  instruments  and  devices  and  providing  for  the  inspection 
and  sealing  thereof;  to  prevent  the  use  and  sale  of  false  weights  and 
measures  and  weighing  and  measuring  instruments  and  devices;  to 
prevent  the  sale  of  goods,  wares  and  merchandise  by  false  weights 
or  measure;  authorizing  counties,  incorporated  cities,  incorporated 
towns,  and  incorporated  cities  and  counties  of  the  state  of  California 
to  appoint  sealers  of  weights  and  measures  and  to  define  the  powers 
and  duties  of  such  scalers;  to  provide  jienalties  for  violation  of  the 
provisions  of  this  act  relating  to  the  foregoing  and  for  the  admis- 
sion in  eviilence  of  copies  of  the  state's  standard  of  weights  and 
measures  furnished  under  the  provisions  of  this  act. 

[Approved   March   18,   1911.     Stats.   1911.  p.   383.] 
See    in    connection    with    this    act    the    Weights    and    Measures    Act    of    1913. 
See  post.   Act  4385. 

United  States  standards  adopted. 

§  1.  The  statidiird  of  wci^lits  and  measures  received  from  the  United 
States  under  a  resolution  of  congress  approved  June  14,  1836.  and  snob 
new  weights  and  measures  as  shall  be  received  from  the  United  States 


2'.U5  WEIGHTS  AND  MEASURES.  Act  4384,  §§  2-5 

as  standard  weights  and  measures  in  addition  thereto  or  renewal  thereof, 
.Mul  such  as  shall  be  procured  by  the  state  in  conformity  therewith  and 
(■(Mtified  by  the  national  bureau  of  standards,  shall  be  the  state  standards, 
by  which  all  county  and  municipal  standards  of  weights  and  measures 
sliall  be  tried,  proved  and  sealed. 

Kept  by  secretary  of  state, 

§  2.  The  weights  and  measures  referred  to  in  section  1  of  this  act 
shall  be  kept  by  the  secretary  of  state  in  a  safe  and  suitable  place  in  his 
office,  from  which  they  shall  not  bo  removed  except  for  repairs  or  for 
certification.  He  shall  maintain  said  standards  of  the  state  in  good 
order  and  shall  submit  them  at  least  once  in  ten  years  to  the  national 
bureau  of  standards  for  certification. 

Copies  for  counties,  etc. 

§  3.  The  secretary  of  state,  upon  request  of  any  county,  incorporated 
city,  or  incorporated  town,  or  incorporated  city  and  county  shall  furnish 
to  said  county,  incorporated,  city,  incorporated  town  or  incorporated  city 
nnd  county  copies  of  the  standard  weights  and  measures  of  this  state. 
All  such  copies  furnished  under  the  provisions  of  this  act  shall  first  be 
tried  and  aeeui'ately  proved  by  the  secretary  of  state  and  shall  be  sealed 
and  certified  to  by  the  secretary  of  state  and  stamped  with  the  letter 
"C."  Such  copies  shall  be  furnished  at  the  expense  of  the  county,  incor- 
porated city,  incorporated  town  or  incorporated  city  and  county  roqtiiring 
the  same.  Copies  furnished  under  the  provisions  of  this  section  need  not 
be  of  the  same  material  or  construction  as  the  standards  of  the  state,  but 
such  copies  may  be  furnished  in  any  suitable  materials  or  construction 
that  the  secretary  of  state  may  specify. 

Sealers  of  \. 'eights. 

§  4  The  respective  counties,  incorporated  cities,  incorporated  towns 
and  incorporated  cities  and  counties  of  the  state  are  hereby  authorized 
to   appoint   sealers   of  weights  and   measures. 

Jurisdiction  of  sealers.     Compensation.     Additional  duties, 

§  5.  The  jurisdiction  of  the  sealers  of  weights  and  measures  of  the 
various  counties  of  the  state  shall  extend  over  the  entire  territorial  limits 
of  the  counties  appointing  such  officers,  except  in  the  incorporated  cities 
and  incorporated  towns  that  have  appointed  or  may  appoint  sealers  of 
weights  and  measures  under  the  provisions  of  this  act.  The  jurisdiction 
of  the  sealers  of  weights  and  measures  appointed  by  the  various  incor- 
porated cities,  incorporated  towns  and  incorporated  cities  and  counties 
under  the  provisions  of  this  act,  shall  extend  over  the  entire  territorial 
limits  of  the  incorporated  city  or  incorporated  town  or  incorporated  city 
and  county  appointing  such  oflScer. 

Any  county,  incorporated  city,  incorporated  town  or  incorporated  city 
and  county  appointing  a  sealer  of  weights  and  measures  under  the  provi 
sions  of  this  act  shall  fix  the  compensation  of  such  officer  and  may  provide 
deputies  for  such   officer  and  fix  their  compensation. 


Act  4384,  §§  6-9  GENERAL  LAWS,  2346 

Any  county,  incorporated  city,  incorporated  town  or  incorporated  city 
ana  count.v  ajjpoiutiiig  sealers  of  weights  and  measures  under  the  provi- 
sions of  this  act  may  also  prescribe  duties  to  be  performed  by  such  officer 
in  addition  to  the  duties  prescribed  by  this  act,  but  no  additional  duties 
can  be  prescribed  which  are  in  conflict  with  the  provisions  of  this  act. 

Sealers  have  charge  of  weights.     Biennial  test  of  weights. 

§  6.  The  various  sealers  of  weights  and  measures  appointed  under  the 
provisions  of  this  act  shall  have  charge  of  and  take  possession  of  the 
copies  of  the  standards  of  weights  and  measures  of  the  state  procurrl 
from  the  secretary  of  state  in  accordance  with  the  provisions  of  secti'  :. 
3  of  this  act. 

The  sealers  of  weights  and  measures  shall,  every  two  years,  cause  t  ■ 
be  proved  and  tested  by  the  secretary  of  state,  and  it  shall  be  the  duty 
of  the  secretary  of  state  to  so  prove  and  test,  copies  of  the  stan<!ards  "f 
weights  and  measures  of  the  state  furnished  the  secretary  of  state  und'  r 
the  foregoing  provisions.  If  any  of  the  copies  of  the  weights  and  mea- 
urcs  so  tested  shall  be  found  to  be  incorrect  the  same  shall  be  adjusti  i 
if  the  same  are  suscejitible  of  being  adjusted,  but  if  the  same  are  n't 
8uScej)tible  of  being  adjusted  new  copies  shall  be  furnished  at  the  expen^ 
of  the  county  or  incorporated  city  or  incorporated  town  or  incorporati  1 
city  and  county  requiring  the  same. 

Copies  deemed  correct. 

§  7.  In  any  prosecution  for  a  violation  of  any  of  the  provisions  of  tli)!» 
act  any  cojiv  of  the  standards  of  weights  and  measures  of  the  state  fur 
nishcd  by  tlie  seirotary  of  state  under  the  provisions  of  this  act  shall 
be  admitted  in  evidence  upon  the  trial  and  such  copies  shall  conclusivelv 
be  deemed  true  and  correct. 

Preservation  of  copies. 

§  8.  It  shall  bo  the  duty  of  all  sealers  of  weights  ami  measures  to 
carefully  preserve  all  copies  of  the  standards  of  weights  and  measures 
of  the  state  furnished  under  the  provisions  of  this  act  and  to  kee]>  th>' 
same  in  a  safe  and  suitable  place  when  not  actually  in  use. 

Testing  weights  and  measures. 

§  9.  Kvory  person  using  or  keeping  for  use  or  having  or  oflFering  for 
sale  weights,  scales,  beams,  measures  of  every  kind,  instruments  or  m<- 
chanical  device  for  measurement,  and  tools,  appliances  or  accessories 
connected  with  any  or  all  such  instruments  or  measures  within  a  county, 
incoriioratcil  city,  incorporated  town,  or  incorporated  city  and  county  in 
which  there  has  been  appointed  under  the  provisions  of  this  act  a  seaU-r 
of  weights  and  measures,  shall,  within  three  months  after  the  apjniint 
ment  of  such  sealer  of  weights  and  measures,  cause  all  such  weights, 
scales,  beams,  measures  of  every  kind,  instruments  or  mechanical  device 
for  measurement,  and  tools,  appliances  or  accessories  connected  with  any 
or  all  such  instruments  or  measures  used,  kept  for  use  or  had  or  offered 


234^7  WEIGHTS  AND   MEASURES.      Act  4384,  §§  10-12 

for  sale  by  him,  to  ho  sealed  and  marked  by  the  sealer  of  weights  and 
measures  of  the  count}-,  incorporated  city,  incorporated  town  or  incorpo- 
rated city  and  county  in  which  the  same  are  used,  kept  for  use  or  kept  or 
offered  for  sale. 

Untested  weights,  etc.,  not  to  be  used. 

§  10.  No  weight,  scale,  beam,  measure  of  any  kind,  instrument  or 
meelianical  device  for  measurement,  and  tools,  ap[)lianees  or  accessories 
connected  with  any  or  all  such  instruments  or  measures  shall  be  used, 
kept  for  use,  sold,  offered  for  sale  or  kept  for  sale  in  any  county,  incor- 
porated city,  incorporated  town  or  incorporated  city  and  county  in  which 
there  is  a  sealer  of  weights  and  measures  appointed  under  the  provisions 
of  this  act  and  in  whicn  there  has  been  continuously  in  office  in  such 
county,  incorporated  city,  incorporated  town  or  incorporated  city  and 
county  a  sealer  of  weights  and  measures  foV  three  months,  unless  such 
weight,  scale,  beam,  measure  of  any  kind,  instrument  or  mechanical  de- 
vice for  measurement,  and  tools,  appliances  or  accessories  connected  with 
any  or  all  such  instruments  or  measures  has  been  sealed  and  tested  as 
herein  provided. 

Approved  weights,  etc.     Weights,  etc.,  approved  by  national  bureau. 

§  11.  Where  any  weight,  scale,  beam,  measure  of  any  kind,  instrument 
or  mechanical  device  for  nieasurempnt,  and  tools,  appliances,  or  acces- 
sories connected  with  any  or  all  such  instruments  or  measurements  have 
been  tested  and  found  correct  by  any  sealer  of  weights  and  measures 
appointed  under  the  provisions  of  this  act,  the  same  may  be  used,  kept 
for  use,  offered  for  sale,  sold,  or  kept  for  sale  within  any  county,  incor- 
porated city,  incorporated  town  or  incorporated  city  and  county  of  this 
state  without  any  further  test. 

Any  weight,  scale,  beam,  measure  of  any  kind,  instrument  or  mechani- 
cal device  for  measurement,  and  tools,  appliances  or  accessories  connected 
with  any  or  all  such  instruments  or  measures,  which  have  been  tested 
and  sealed  and  certified  to  as  correct  by  the  national  bureau  of  standards, 
may  be  kept  for  sale,  sold  or  offered  for  sale  without  being  first  tested 
and  sealed  by  a  sealer  of  weights  and  measures  as  in  this  act  provided. 
But  all  such  weights,  scales,  beams,  measures  of  any  kind,  instruments 
or  mechanical  devices  for  measurement,  and  tools,  appliances  or  acces- 
sories connected  with  any  or  all  such  instruments  or  measures  shall 
always  be  subject  to  inspection  as  herein  provided,  notwithstanding  that 
the  same  have  been  tested  and  sealed  either  by  a  sealer  of  weights  and 
measures  appointed  under  the  provisions  of  this  act  or  by  the  national 
bureau  of  standards. 

Scale,  etc.,  which  must  be  assembled. 

§  12.  Any  scale,  beam  or  mechanical  device  for  weighing  or  measur- 
ing, which  after  being  sold  and  before  being  used  for  weighing,  must  be 
assembled  or  set  up,  may  be  sold,  kept  for  sale,  or  offered  for  sale  without 
being  first  tested  and  sealed  as  in  this  act  provided;  but  such  scale,  beam, 


Act  4384,  §§  13, 14     general  laws.  2348 

or  mechanical  device  for  weighing  or  measuring  must  before  being  used 
for  weighing  or  measuring  be  tested  and  sealed  as  in  this  act  provided. 

Tests  made  upon  request. 

§  13.  Upon  a  written  request  of  any  resident  of  a  county,  incorpo 
rated  city,  incorporated  town  or  incorporated  city  and  county  in  which 
there  has  been  appointed  a  scaler  of  weights  and  measures  under  the 
provisions  of  this  act,  the  sealer  of  weights  and  measures  for  such  county, 
ineorjiorated  city,  incorporated  town  or  incorporated  city  and  county 
shall  test  or  cause  to  be  tested,  as  soon  thereafter  as  is  practicable,  the 
weights,  scales,  beams,  measures  of  any  kind,  instruments  or  mechanical 
device  for  measurement,  tools,  appliances  or  accessories  connected  with 
any  or  all  such  instruments  or  measures  used  in  buying  or  selling  by  the 
person,  firm  or  corjioration  designated  in  such  request.  Upon  the  written 
request  of  any  person,  firm  or  corporation,  using,  having  for  use,  selling, 
keeping  or  offering  for  sale  any  weight,  scale,  beam,  measure  or  any 
kind  of  instrument  or  mechanical  device  for  measurement,  tools,  appli- 
ances or  accessories  connected  with  any  or  all  such  instruments  or  meas- 
ures, in  any  county,  incorporated  city,  incorporated  town,  or  incorporated 
city  and  county  in  which  there  has  been  appointed  a  sealer  of  weights  and 
measures  under  the  provisions  of  this  act,  the  sealer  of  weights  and  meas- 
ures for  such  county,  incorporated  city,  incorporated  town  or  incorporated 
city  and  county  shall  test  or  cause  to  be  tested,  as  soon  thereafter  as  is 
practicable,  the  weights,  scales,  beams,  measures  of  any  kind,  instrument 
or  mechanical  device  for  measurement,  tools,  appliances  or  accessories 
connected  with  any  or  all  such  instruments  or  measures  belonging  to  or 
used  by  such  person,  firm,  or  corporation,  providing  that  such  written 
request  shall  not  relieve  the  person,  firm  or  corporation  making  it  from 
any  violation  of  the  provisions  of  this  act  or  of  the  responsibility  pro- 
vided in  this  act  for  using,  keeping  for  use,  selling  or  offering  to  sell,  or 
keeping  for  sale,  any  false  weight,  scale,  beam,  measure  of  any  kind, 
instruincnt  or  mechanical  device  for  measurement,  tools,  appliances  or 
accessories  connected  with  any  or  all  such  instruments  or  measures. 

Inspection  of  weights  and  measures.     Twice  yearly. 

§  14.  The  scaler  of  woii,'hts  and  nioasures  shall,  within  his  county, 
incorporated  city,  incorporated  town  or  incor|K)ratcd  city  and  county,  in- 
spect, tost,  try  and  ascertain  if  they  are  correct  all  weights,  scales,  beams, 
measures  of  any  kiml,  instruments  or  mechanical  devices  for  measure- 
Hionts,  and  tools,  appliances,  or  accessories  connected  with  any  or  all  such 
instruments  or  measures,  kept  for  the  purpose  of  sale,  sold,  or  used  or 
employed  within  the  respective  county,  incorporated  city,  incorporated 
town  or  incorporated  city  and  county  by  any  proprietor,  agent,  lessee  or 
emiilovee  in  proving  the'  size,  quantity,  extent,  area  or  measurement  of 
quantities,  things,  produce,  articles  for  distribution  or  consumption  offered 
or  siiliMiittotl  by  such  person  or  persons  for  sale,  hire  or  award;  and  he 
shall  have  the  power  to  and  shall,  from  time  to  time,  weigh  or  measure 
packages  or  amounts  of  commodities  of  whatsoever  kind  kept  for   the 


2349  WEIGHTS  AND  MEASURES.      Act  4384,  §§  15,  IG 

purpose  of  sale,  offvMed  for  sale  or  sold  or  in  the  process  of  delivery  in 
order  to  determine  whether  the  same  contains  the  amount  represented 
and  whether  they  are  being  offered  for  sale  or  sold  in  a  manner  in  accord- 
ance with  the  law.  He  shall,  at  least  twice  in  each  year,  or  as  much 
oftener  as  he  deems  necessary,  see  that  the  weights,  measures  and  all 
weighing  and  measuring  apparatus,  used  in  his  respective  county,  incor- 
porated city,  incorporated  town  or  incorporated  city  and  county,  are 
correct.  He  may,  for  the  purpose  above  mentioned,  and  in  the  general 
performance  of  his  duty,  enter  or  go  into  or  upon,  and  without  formal 
warrant,  any  stand,  place,  building  or  premises  or  stop  any  vendor, 
peddler,  junk  dealer,  driver  of  a  coal  wagon,  ice  wagon  or  delivery  wagon 
or  any  dealer  whatsoever,  and,  if  necessary,  require  him  to  proceed  to 
some  place  which  the  sealer  of  weights  and  measures  may  specify  for  the 
purpose  of  making  the  proper  tests. 

Prosecute  violator. 

§  15.  Whenever  a  sealer  of  weights  and  measures  finds  a  violation 
of  any  of  the  statutes  relating  to  weights  and  measures  he  shall  cause 
the  violator  to  be  prosecuted. 

Seal  of  approval.     Seizure  of  incorrect  weights.     "Out  of  order." 

§  16.  Wherever  a  sealer  of  weights  and  measures  com[)ares  weights 
and  measures  or  weighing  or  measuring  instruments  and  finds  that  they 
correspond,  or  causes  them  to  correspond  to  the  standard  in  his  posses- 
sion, he  shall  seal  or  mark,  under  his  name,  such  weight  or  measure  or 
weighing  or  measuring  instrument  with  an  appropriate  device  showing 
that  the  weight  or  measure  or  weighing  or  measuring  instrument  is  cor- 
rect and  the  date  of  the  inspection,  which  device  shall  be  so  placed  as  to 
be  easily  seen. 

He  shall  condemn  and  seize  and  may  destroy  incorrect  weights  and 
measures  and  weighing  and  measuring  instruments  which  cannot  be  re- 
paired, but  any  weight,  measure  or  weighing  or  measuring  instrument 
which  shall  be  found  to  be  incorrect,  but  which  can  be  repaired,  he  shall 
cause  to  be  marked  with  a  tag  or  other  suitable  device  with  the  words 
"Out  of  Order."  The  owners  or  users  of  any  weights  or  measures  or 
weighing  or  measuring  instruments  which  have  been  marked  "Out  of 
Order,"  as  in  this  section  provided,  shall  have  the  same  repaired  or  cor- 
rected within  ten  days,  but  until  the  same  have  been  repaired  or  corrected 
and  tested  as  herein  provided  the  owners  or  users  thereof  may  neither  use 
nor  dispose  of  the  same  in  any  way,  but  shall  hold  the  same  at  the  dis- 
posal of  the  sealer  of  weights  and  measures.  When  the  same  have  been 
repaired  or  corrected  the  owner  or  user  thereof  shall  notify  the  sealer 
of  weights  and  measures  and  the  sealer  of  weights  and  measures  shall 
again  test  and  prove  the  weight,  measure  or  weighing  or  measuring  in- 
strument which  has  been  found  incorrect  and  marked  as  in  this  section 
provided,  and  until  such  weight,  measure  or  weighing  or  measuring  in- 
strument has  been  inspected  by  the  sealer  of  weights  and  measures  and 
found  correct  the  same  shall  not  be  used. 


Act  4384,  §§  17-20  general  laws.  2350 

Any  person   who  removes  or  obliterates  any  tag  or  device  with  the 

words  "Out  of  order"  or  any  tag,  mark,  seal  or  device  placed  upon  any 
weight,  measure  or  weijjhing  or  measuring  in.^trument,  as  in  this  act  pro 
\ided,  shall  be  guilty  of  a  misdemeanor. 

When  any  weight,  measure  or  weighing  or  measuring  instrument  has 
lieen  repaired  and  corrected,  as  in  this  section  y>rovide<l,  nnd  has  been 
iusjiected  and  found  correct  by  the  sealer  of  weights  and  measures,  as  in 
this  section  jtrovided,  the  sealer  of  weights  and  measures  shall  remove  the 
tag  or  device  with  the  words  "Out  of  order"  and  shall  seal  and  mark 
such  weight,  measure  or  weighing  or  measuring  instrument  in  the  manner 
provided   in  this  section. 

Penalty  for  use  of  false  weights. 

§  17.  Any  person  who,  by  himself,  or  his  employee  or  agent  or  as  the 
emfilo3ee  or  agent  of  another,  shall  use,  in  the  buying  or  selling  of  any 
commodity,  or  retain  in  his  j)ossession  a  false  weight  or  measure  or 
weighing  or  measuring  instrument,  or  use  or  retain  in  his  possession  any 
weight  or  measure  or  weighing  or  measuring  instrument  in  any  county, 
incorporated  city,  incorporated  town  or  incorporated  city  nnd  county  in 
which  there  has  beeu  ajipoiiited  a  sealer  of  weights  and  measures  in 
accordance  with  the  provisions  of  this  act,  which  has  not  been  sealed  by 
a  sealer  of  weights  and  measures  within  one  year,  or  who  shall  dispose  of 
any  condemned  weight  or  measure  or  weighing  or  measuring  instrument 
contrary  to  law,  or  any  person  who,  by  himself,  or  his  employee  or  agent, 
or  as  the  employee  or  agent  of  another,  shall  sell  or  offer  for  sale  or  have 
in  his  jiossession  for  the  purjtosc  of  selling,  any  device  or  instrument  to 
be  used  to  or  calculated  to  falsify  any  weight  or  measure,  and  any  person 
who,  by  himself  or  his  enijiloyee  or  agent,  or  as  the  employee  or  agent  of 
anotlier,  shall  sell  or  offer  or  expose  for  sale  any  commodity,  produce, 
article  or  thing  in  a  less  quantity  than  that  he  represents  it  to  be  or 
contain,  shall  be  guilty  of  a  misdemeanor. 

Powers  of  sealer. 

§  18.  A  sealer  of  weights  and  measures,  in  the  performance  of  his 
official   duties,   shall   have   the   same   powers   as   are   possessed   by   police 

oflicers  of  this  state. 

Obstructing  or  hindering  sealer  a  misdemeanor. 

§  19.  Any  person  who  shall  hinder  or  obstruct  in  any  way  a  sealer 
of  weights  and  measures  in  the  performance  of  his  oflicial  duties  shall  be 

guilty  of  a  misdeiuonnur. 

Refusal  to  exhibit  weights. 

§  20.  No  jierson  shall  neglect  or  refuse  to  exhibit  any  weight,  measure 
or  weighing  or  measuring  instrument  of  an}-  kind,  or  appliances  or  ac 
cessories  connected  with  any  or  all  of  such  instruments  or  measures  whiih 
is  in  his  possession  or  under  his  control,  to  any  sealer  of  weights  and 
measures  within   the  territorial  limits  of  the  jurisdiction  of  such  sealer 


2351  WEIGHTS  AND  MEASURES.      Act  4384,  §§  21-26 

of   weifjlits    and    measures   for    the    [nirpose    of   allowing   the   same   to   be 
inspected  and  examined  l)_v  the  sealer  of  weights  and  measures. 

Refusal  to  exhibit  commodity. 

§  21.  No  person,  by  himself,  or  his  employee  or  agent,  or  as  a  pro- 
prietor or  manager,  shall  refuse  to  exhibit  any  article,  commodity,  prod- 
uce or  thing  being  sold  or  offered  for  sale  at  a  given  weight  or  quantity, 
or  ordinarily  so  sold,  to  a  sealer  of  weights  and  measures  within  the 
territorial  jurisdiction'  of  such  sealer  of  weights  and  measures  for  the 
purpose  of  allowing  the  same  to  be  tested  and  proved  as  to  the  quantity 
therein  contained  by  the  sealer  of  weights  and  measures. 

Record  of  tests. 

§  22.  Every  sealer  of  weights  and  measures  appointed  under  the  pro- 
visions of  this  act  shall  carefully  keep  a  record  of  all  tests  made  by  him, 
of  all  measures  or  weights  and  of  all  weighing  or  measuring  instruments 
which  have  been  tested  and  found  correr-t,  or  which  have  been  tested 
and  found  incorrect,  of  all  arrests  made  by  him  for  violations  of  the  pro- 
visions of  this  act,  and  of  all  of  his  official  acts,  which  record  shall  always 
be  open  to  public  inspection. 

Neglect  of  duty.     Sealing  before  testing. 

§  23.  Any  sealer  of  weights  and  measures  who  willfully  neglects  to 
perform  any  of  his  duties,  as  provided  by  this  act,  may  be  removed  by 
the  same  power  which  appointed  him  and  the  said  appointing  power  shall 
be  sole  judge  of  the  existence  of  the  cause  for  such  removal. 

Any  sealer  who  shall  seal  any  weight,  measure,  balance  or  apparatus 
before  first  testing  and  making  the  same  conform  with  the  authorized 
standard,  or  who  shall  condemn  any  weight,  measure,  balance  or  appara- 
tus withput  first  testing  the  same,  shall  be  deemed  guilty  of  a  misde- 
meanor. 

Penalty. 

§  24.  Any  person  violating  any  of  the  provisions  of  this  act  shall 
be  guilty  of  a  misdemeanor. 

"Person." 

§  25.  The  word  "person,"  as  used  in  this  act,  shall  be  deemed  to  in 
elude  person,  firm  or  corporation. 

Duty  of  corporation  officer. 

§  26.  It  shall  be  the  duty  of  all  officers,  directors  and  managers  of 
corporations,  whose  respective  corporations  use  or  keep  for  use  or  sell 
or  offer  for  sale  any  weights,  measures  or  weighing  or  measuring  instru- 
ments which  are  subject  to  inspection  by  the  provisions  of  this  act,  to 
comply  with  the  provisions  of  this  act  on  behalf  of  their  respective  cor- 
porations, and  it  shall  be  the  duty  of  all  officers,  directors  and  managers 
of  corporations,  whose  respective  corporations  offer  for  sale  or  keep  for 
sale  any  commodity,  produce,  article  or  thing  which  is  subject  to  inspec- 
tion by  the  provisions  of  this  act,  to  comply  with  the  provisions  of  this  act 


Act  4385  GENERAL   LAWS.  2352 

on  behalf  of  their  respective  corporations.  In  case  anv  corporation  shall 
violate  any  of  the  provisions  of  this*  act  the  officers,  directors  and  man- 
agers of  the  same  shall  be  responsible  for  such  violation  and  shall  be 
guilty  of  a  misdemeanor. 

One  sealer  for  two  counties. 

§  27.  Two  or  more  counties  of  this  state  may,  by  agreement,  appoint 
one  sealer  of  weights  and  measures  an<l  may  fix  his  compensation  and 
provide  for  his  deputies  and  fix  their  compensation.  A  sealer  of  weiglits 
and  measures  so  appointed  shall  have  jurisdiction  over  the  counties  ap 
pointing  him.  In  case  two  or  more  counties  appoint  a  sealer  of  weight- 
and  measures,  under  the  provisions  of  this  section,  such  sealer  of  w<'it;lit- 
and  measures  shall  perform  the  duties  and  have  the  powers  of  sealers  ct 
weights  and  measures  appointed  under  the  foregoing  provisions  of  thi~ 
act. 

Fees  for  sealing. 

§  28.  Any  county  or  counties,  incorporated  city,  incorporated  town  or 
incorjiorated  city  and  county  ajijiointing  a  sealer  of  weights  and  measure- 
under  the  provisions  of  this  att  may  provide  the  fees  or  charges  that 
may  be  exacted  by  the  sealer  of  weights  and  measures  for  sealing  an  i 
making  each  weight,  measure  or  weighing  or  measuring  instrument  and 
may  provide  for  the  proper  disposition  of  such  fees  and  charges. 

Repeal  of  prior  conflicting  acts. 

§  29.  All  acts  and  laws  and  parts  of  acts  and  laws  in  conflict  with 
the,  or  any  of  the  provisions  of  this,  act  are  hereby  repealed. 

ACT  4385. 

An  act  to  establish  a  standard  of  weights  and  measures  in  the*  state  of 
(.'alifornia;  to  regulate  weights  and  measures  and  weighing  an  1 
measuring  instruments  and  devices  and  providing  for  the  inspection 
and  sealing  thereof;  to  prevent  the  use  and  sale  of  false  weights 
and  measures  and  weighing  and  measuring  instruments  ami  deviie<: 
providing  for  the  inspection,  measurement  and  weighing  of  goods, 
commodities,  wares,  packages  and  amounts  of  commodities  kept  f"r 
sale  or  in  process  of  delivery;  to  pre\ent  the  sale  of  goods.  wari> 
and  merchandise  by  false  weights  and  measures;  to  provide  penaltie-^ 
for  the  violation  of  the  provisions  of  this  act;  for  the  admission  jn 
evidence  of  copies  of  the  state's  stan<lard  of  weights  and  measures: 
providing  for  the  appointment  of  officers  to  enforce  and  carry  into 
effect  the  provisions  of  this  act.  including  a  state  superintendent  of 
weights  and  measures  and  his  deputy,  sealers  of  weights  and 
measures  and  their  deputies;  defining  the  powers  and  duties  of  such 
officers;  and  making  an  appropriation  to  carry  this  act  into  effect. 

[Approved  June  16,  1913.     Stats.   1913.  p.   1086.] 
See   in    connection   with    this   act   the    act    of    March    18,    1911    (Stats.    I91I.   p. 
883).       See  ante,  Act  4384. 


2353  WEIGHTS   AND  MEASURES.  Act  ■4385,  §§  1-5 

Office  of  superintendent  of  weights  and  measures  created. 

§  1.  There  is  hereby  created  the  office  of  state  superintendent  of 
weights  and  measures.  Within  thirty  days  after  this  act  becomes  ef- 
fective, the  fjovernor  shall  appoint  a  suitable  person  as  state  superin- 
tendent of  weights  and  measures.  Wherever  in  this  act  the  term  super 
intendent  or  state  superintendent  is  used,  it  shall  be  taken  as  referring 
to  and  meaning  state  superintendent  of  weights  and  measures. 

Term.     Salary.     Bond. 

§  2.  The  term  of  office  of  state  superintendent  of  weights  and  meas- 
ures shall  be  four  years,  or  until  his  successor  shall  have  been  appointed 
and  qualified,  but  he  shall  always  be  subject  to  removal  at  the  pleasure 
of  the  governor.  The  salary  of  state  superintendent  of  weights  and 
measures  shall  be  thirty-six  hundred  dollars  per  annum,  payable  in  the 
same  manner  as  other  state  officers  are  paid.  Before  entering  upon  his 
duties  he  shall  execute  a  bond  to  the  state  in  the  sum  of  five  thousand 
dollars  conditional  upon  the  faithful  performance  of  his  duties. 

Deputies. 

§  3.  The  state  superintendent  may  appoint  a  deputy  who  shall  have 
the  same  powers  as  the  state  superintendent.  Such  deputy  shall  receive 
a  salary  of  eighteen  hundred  dollars  per  annum,  payable  in  the  same 
manner  as  other  state  officers  are  paid.  He  shall  be  at  all  times  subject 
to  removal  at  the  pleasure  of  the  state  superintendent.  The  state  super- 
intendent may  also  appoint  additional  deputies  from  time  to  time  to 
serve  as  sealers  of  weights  and  measures  at  the  request  of  counties,  as 
provided  in  section  16  of  this  act.  Such  deputies  when  actually  em- 
ployed shall  be  paid  at  the  rate  of  one  hundred  and  fifty  ($150)  dollars 
per  month  by  the  county  engaging  their  services  and  not  by  the  state. 
They  also  shall  receive  their  actual  traveling  expenses  from  such  county. 

Traveling  and  office  expenses. 

§  4.  The  state  superintendent  and  his  deputy  shall  each  be  allowed 
their  actual  traveling  expenses,  to  be  approved  by  the  state  board  of 
control  in  the  same  manner  as  other  claims  against  the  state.  The  state 
superintendent  shall  also  be  allowed  necessary  office  expenses  to  be  ap- 
proved by  the  state  board  of  control  in  the  same  manner  as  other  claims 
against  the  state. 

Standards  of  weights  and  measures. 

§  5.  The  standards  of  weights  and  measures  received  from  the  United 
States  under  a  resolution  of  congress  approved  June  14,  1836,  and  such 
new  weights  and  measures  as  shall  be  received  from  the  United  States 
as  standard  weights  and  measures  in  addition  thereto  or  renewal  thereof, 
and  such  as  shall  be  procured  by  the  state  in  conformity  therewith  and 
certified  by  the  national  bureau  of  standards,  shall  be  the  state  standards 
by  which  all  state,  county  and  municipal  standards  of  weights  and  meas- 
ures shall  be  tried,  proved  and  sealed. 
148 


Act4385,  §§  6-9  general  laws.  2354 

Custody  of  standards.     Tolerances. 

§  6.  The  standanls  relerrcil  to  in  the  preceding  section  shall  be  kept 
by  the  state  superintendent  in  a  safe  and  suitable  place  in  his  office 
from  which  they  shall  not  be  removed  except  for  repairs  or  certification. 
He  shall  maintain  such  stamlards  in  good  order  and  shall  submit  them 
at  least  once  in  ten  years  to  the  national  bureau  of  standards  for  cer- 
tification. Upon  demand  the  secretary  of  state  shall  deliver  to  the  state 
superintendent  all  standanls  now  under  the  control  and  in  the  possession 
of  the  secretary  of  state  in  his  capacity  of  ex-officio  state  sealer  of 
weights  and  measures.  The  state  superintendent  shall  thereupon  submit 
such  standards  received  from  the  secretary  of  state  to  the  national  bureau 
of  standards  for  certification,  and  he  shall  replace  such  standards  as 
are  incorrect  and  {)urchase  such  additional  standards  as  shall  be  neces- 
sary to  comj)lete  and  make  uji  a  complete  standard  of  weights  and  meas- 
ures as  required  by  this  act.  He  shall  also  purchase  such  api>aratus  as 
shall  be  found  necessary  to  a  proper  prosecution  of  the  work  of  the 
office.  The  state  superintendent  of  weights  and  measures  may  establish 
tolerances  for  use  in  the  state  of  California  similar  to  the  tolerances 
established  by  the  national  bureau  of  standards. 

Copies  furnished  cities,  etc.     Testing. 

§  8.  The  state  superintendent  shall,  at  the  request  of  the  legislative 
body  of  any  county,  city,  town,  or  city  and  county,  furnish  to  said 
county,  city,  town  or  city  and  county,  copies  of  the  standard  weights 
and  measures  of  the  state;  such  copies  shall  be  furnished  at  the  expense 
of  the  county,  city,  town  or  city  and  county  requesting  the  same.  He 
shall  upon  request  of  the  legislative  body  of  any  county,  city,  town, 
city  and  county  or  upon  the  request  of  a  sealer  of  weights  and  measures 
of  any  such  county,  city,  town  or  city  and  county,  appointed  pursuant 
to  the  ]irovisions  of  this  act,  test  and  accurately  ap]>rove  copies  of  the 
state's  standards  of  weights  and  measures  procured  by  any  such  county, 
city,  town  or  city  and  county  to  be  used  by  a  sealer  of  weights  and 
measures  in  the  performance  and  discharge  of  his  duties.  Copies  fur 
nished  under  the  provisions  of  this  section  or  copies  tested  and  approved 
by  the  state  suiierintemient  under  the  provisions  of  this  section  shall 
be  true  and  correct;  shall  be  sealed  and  certified  to  by  the  state  super- 
intendent and  stampeil  with  the  letter  "C."  Such  copies  need  not  be 
of  the  same  material  or  construction  as  the  staudarils  of  the  state  and 
such  coi>ies  may  be  furnished  in  any  suitable  materials  or  construction 
that  the  county,  city,  town,  or  city  and  county  requiring  the  same  may 
specify,  subject  to  the  approval   of  the  state   superintendent. 

Inspection  of  standards  used  by  cities,  etc.     Expense  of  testing.     Com- 
plete  set   of  copies. 
§  ^.     The  state  sujierintendent  shall  inspect  and  correct  the  standards 
used    by   each    county,   city,   town    and    incorporatetl    city   and    county    of 
the  state,  and  at  least   one  in  two  years  compare   the  same   with   those 


2355  WEIGHTS  AND  MEASURES.      Act  4385,  §§  10-12 

in  his  possession  and  keep  a  record  of  the  same,  and  where  not  other- 
wise provided  by  law  he  shall  have  general  supervision  of  the  weights 
and  measures  anfl  weighing  and  measuring  devices  offered  for  sale,  sold 
or  in  use  in  the  state.  Healers  of  weights  and  measures  appointed  under 
the  provisions  of  this  act  shall,  upon  the  request  of  the  state  superin- 
tendent, deliver  to  the  state  superintendent  at  his  office  the  copies  of 
the  state's  standards  of  weights  and  measures  in  their  possession,  and 
used  in  the  discharge  and  performance  of  their  duties,  for  verification 
:iud  certification  by  the  state  superintendent.  The  actual  expense  of 
such  comparison  and  verification  shall  be  borne  by  the  county,  city,  town 
or  city  and  county  whose  weights  and  measures  are  compared  and  veri- 
fied. In  addition  to  the  standards  heretofore  referred  to  and  required 
to  be  kept  by  the  state,  the  state  shall  also  have  a  complete  set  of 
copies  of  said  original  standards  of  weights  and  measures  ado])ted  by 
this  act,  which  shall  be  used  for  adjusting  county  and  municipal  stand- 
ards by  the  state  superintendent  and  his  deputy  in  the  performance 
of  their  duties,  and  the  original  standards  shall  not  be  usctl  except  for 
the  adjustment  of  this  set  of  copies  and  for  certification  purposes.  Ad- 
ditional complete  sets  of  copies  of  such  original  standards  of  weights 
and  measures  may  be  purchased  by  the  superintendent  when  the  same 
are  necessary  for  use  by  any  dej)uty  state  superintendent  employed  by 
counties  under  section  16  of  this  act.  The  state,  however,  shall  be  re- 
imbursed for  the  purchase  of  such  copies  by  the  county  in  which  the 
same  are  used,  in  the  manner  hereinafter  provided. 

Testing  of  weights  and  measures  used  by  state  institutions. 

§  10.  The  state  superintendent  or  his  deputy  shall,  at  least  once  an- 
nually and  as  often  as  requested  by  the  state  board  of  control  or  the 
executive  officers  of  the  institutions  herein  referred  to,  test  the  scales, 
weights  and  measures  used  in  checking  the  receipt  and  disbursement  of 
supplies  in  every  institution  conducted  by  the  state,  and  he  shall  report 
in  writing  his  findings  to  the  executive  officer  of  the  institution  con- 
cerned  and  to  the   state  board   of  control. 

Inspecting  work  of  local  sealers. 

§  11.  The  state  superintendent  or  his  deputy  shall  at  least  once  in 
two  years  visit  the  various  cities  and  counties  of  the  state  and  inspect 
the  work  of  the  local  sealers  of  weights  and  measures,  and  in  the  per- 
formance of  said  duties  he  or  his  deputy  may  inspect  the  weights,  meas- 
ures, balances  or  any  other  weighing  or  measuring  devices  of  any  person, 
firm  or  corporation.  The  state  superintendent  and  his  deputy  shall  have 
all  the  powers  of  sealers  of  weights  and  measures  provided  for  in  this 
act. 

Report  on  sealers  neglecting  duties.     Not  to  sell  weighing  instruments. 

§  12.  The  state  superintendent,  if  he  discovers  that  any  sealer  of 
weights  and  measures  appointed  under  the  provisions  of  this  act  has  re- 
fused  or  neglected  to   perform   the   duties   of   his   office,   or  is   guilty  of 


Act4385,§§  13-16  general  laws.  2356 

any  malfeasance  in  office,  shall  reiport  such  failure,  neglect  or  malfeasance 
to  the  bofly,  officer  or  board  having  the  power  to  remove  such  sealer  of 
weights  and  measures.  It  shall  be  unlawful  for  the  state  superintend- 
ent, his  defiuties,  or  any  sealer  of  weights  and  measures  to  keep  for  sale, 
or  offer  or  expose  for  sale,  or  to  sell  to  any  person,  firm,  or  corporation, 
or  dealer  in  goods,  wares  and  merchandise,  doing  or  intending  to  do 
business  in  the  state  of  California  any  weighing  or  measuring  instru- 
ment, or  to  be  interested  directly  or  indirectly  in  the  sale  of  any  weigh- 
ing or  measuring  instrument. 

Investigate  conditions  in  state.     Annual  report. 

§  13.  It  shall  be  the  duty  of  the  st:ite  superintendent  to  investigate 
conditions  in  the  various  counties,  cities  and  towns  of  the  state  in  re 
sjiect  to  weights  and  measures,  and  to  the  sale  of  goods,  wares  and 
merchandise,  commodities  and  foodstuffs  in  containers.  Tlje  state  su 
perintendont  shall  annually  report  to  the  governor,  and  shall  prior  to 
each  regular  session  re]iort  to  the  legislature  the  work  of  his  office,  and 
shall  make  such  recunimeudations  as  he  shall  deem  proper  and  necessary. 

Instructions  to  sealers. 

§  14.  The  state  superintendent  shall  issue  instructions  and  make  rec- 
ommendations to  the  county  and  municipal  sealers  of  weights  and  meas- 
ures, appointed  under  the  provisions  of  this  act,  and  such  instruction-* 
and  recommendations  shall  govern  the  jirocedure  to  be  followed  by  the 
aforesaid  officers  in  the  discharge  of  their  duties. 

Record   of   acts   done. 

§  15.  The  state  superintendent  shall  keep  in  his  office  a  complete 
record  of  all  acts  done  by  him  and  a  record  of  all  prosecutions  for  viola 
tion  of  the  provisions  of  this  act,  and  the  reports  of  the  various  sealers 
of  weights  and  measuies  ap{>ointed  under  the  provisions  of  this  act, 
which   records   and   rejiorts   shall    always   be   open   to  the   public. 

Oflace  of  sealer  of  weights  and  measures  created.  Term.  Deputies. 
Superintendent  may  act  for  counties. 
§  16.  The  olliie  of  sealer  of  weights  and  measures  is  hereby  created. 
Whenever  in  this  act  the  term  "sealer"  is  used,  the  same  shall  be  taken 
to  mean  and  refer  to  sealer  of  weights  and  measures.  Within  one  hun- 
dred and  twenty  days  after  the  approval  of  this  act  by  the  governor, 
it  shall  be  the  duty  of  the  board  of  supervisors  of  each  of  the  counties 
of  the  state  except  as  lieroinafter  provided,  to  appoint  a  sealer  of  weights 
and  measures  for  their  respective  counties,  who  shall  receive  as  com- 
pensation the  sum  of  five  dollars  per  day  for  each  day  actually  employed 
in  the  service  of  the  county,  to  be  audited  and  paid  as  other  claims 
against  the  county.  He  shall  be  allowed  his  traveling  expenses  actually 
and  necessarily  incurred  in  the  performance  of  his  duties.  The  term 
of  oflice  of  such  sealer  of  weights  and  measures  shall  be  four  years,  but 
he  shall  be  subject  to  removal  at  the  will  of  such  board.  A  sealer  ap- 
pointed under  this  act  may,  with  the  consent  of  the  board  of  supervisors 


2357  WEIGHTS  AND   MEASURES.      Act  4385,  §§  17,  18 

of  the  pountv  appointing  him,  appoint  a  deputy  or  deputies  when  neces- 
eary  or  expedient  to  carry  out  the  provisions  of  this  act.  The  com 
•pensation  of  such  deputies  shall  be  the  same  as  the  county  sealer  and 
paid  in  the  same  manner.  Such  deputies  shall  always  be  subject  to 
removal  by  the  sealer  of  weights  and  measures.  In  ease  the  legislative 
body  of  any  county  shall  not  appoint  a  sealer  for  such  county,  such  body 
must  apply  in  writing  to  the  state  superintendent  for  the  assignment  of 
a  deputy  superintendent,  who  shall  perform  all  the  duties  of  sealer  in 
such  county,  as  provided  in  this  act  to  be  performed  by  county  sealers. 
And  it  shall  be  the  duty  of  such  superintendent  on  such  application,  as 
soon  as  practicable,  to  make  such  assignment  and  to  provide  copies  of  the 
original  standard  of  weights  and  measures  for  use  by  said  deputy  in 
such  county,  The  actual  cost  of  such  services  shall  be  paid  by  the 
county  in  the  same  manner  in  which  other  claims  against  the  county 
are  paid.  The  amount  to  be  paid  shall  be  at  the  rate  of  one  hundred 
and  fifty  ($150)  dollars  per  month  for  the  time  such  deputy  superin- 
tendent is  employed  in  such  county  in  addition  to  the  actual  traveling 
expenses  of  such  deputy  made  necessary  by  such  appointment.  The 
county  shall  also  stand  its  proportionate  share  of  the  actual  cost  of  the 
set  of  copies  to  be  used  in  such  county  by  such  deputy,  at  the  rate  of 
one-twelfth  of  the  cost  thereof  for  every  month  such  copies  are  em- 
ployed therein  during  the  first  year  of  their  use,  and  in  that  event  such 
county  may  at  any  time  pay  the  balance  of  the  cost  of  such  copies  and 
become  the  owner  thereof,  or  the  "county  may  pay  rental  to  the  state 
for  the  use  of  such  copies  at  the  rate  of  ten  per  cent  per  annum  of  the 
cost  price  thereof. 

Appointment  of  sealers.     Term.     In  counties  of  second  class. 

§  17.  The  legislative  body  of  any  county,  or  city  and  county  or  of 
any  city  or  town  may  appoint  a  sealer  of  weights  and  measures,  fix  his 
compensation  and  provide  for  the  appointment  by  the  sealer  of  such 
number  of  deputies  as  the  said  legislative  bodies  may  deem  necessary 
and  expedient.  Such  sealer  and  deputies  shall  each  receive  as  compensa- 
tion the  sum  of  five  dollars  per  day  for  each  day  actually  employed  in 
the  service  of  such  county  or  city  and  county  or  city  or  town.  The  term 
of  oflSce  of  sealer  of  weights  and  measures  appointed  under  the  provisions 
of  this  section  shall  be  four  years.  He  shall  be  subject  to  removal  by 
the  power  appointing  him.  Deputies  appointed  under  the  provisions  of 
this  section  shall  be  subject  to  removal  by  the  sealer.  In  counties  of 
the  second  class  and  cities  of  the  first  class  the  sealer  shall  receive  as 
compensation  the  sum  of  twenty-four  hundred  dollars  per  year  and  shall 
be  allowed  four  deputies,  who  shall  receive  as  compensation  the  sum  of 
eighteen  hundred  dollars  per  annum,  each  payable  in  the  same  manner 
as  the  salaries  of  other  county  officers  are  paid. 

Jurisdiction  of  sealers. 

§  18.  The  jurisdiction  of  a  sealer  appointed  or  a  deputy  state  sealer 
employed  for  a  county  shall  extend  over  the  entire  territorial  limits  of 


Act  4385,  §§  19-23  geneflvl  laws.  2358 

the  county  appointing  such  sealer,  except  within  the  territorial  limits 
of  those  cities  and  towns  within  which  sealers  have  been  appointed  under 
the  provisions  of  this  act.  The  jurisdiction  of  the  sealer  of  weights 
and  measures  appointed  by  the  legislative  body  of  any  city  or  town 
under  the  provisions  of  this  act  shall  extend  ever  the  entire  territorial 
limits  of  such  city  or  town. 

Sealers  appointed  heretofore  not  affected. 

§  19.  This  act  shall  not  affect  the  appointment  of  any  sealer  of 
weights  and  measures  heretofore  appointed  for  any  city,  town  or  city 
and  county  under  any  law,  but  such  sealers  shall  perform  the  duties  o: 
the  office  under  the  provisions  of  this  act,  and  shall  possess  the  sanir 
powers  and  duties  as  sealers  appointed  under  the  provieions  of  this  act. 

Copies  of  standards  for  counties,  etc. 

§  20.  Except  as  herein  otherwise  provided  the  hoard  of  supervisor-^ 
or  legislative  boily  of  each  county,  city,  town  and  city  and  county  nt 
the  state  shall,  upon  the  appointment  of  a  sealer  under  the  provisior- 
of  this  act,  provide  and  procure  for  their  respective  county,  city,  tow 
and  city  and  county,  copies  of  the  state's  standards  of  weights  and  me.n- 
ures  at  the  expense  of  such  county,  city,  town  or  city  and  county;  su'  h 
copies  shall  be  verified  and  certified  to  by  the  state  superintendent  ol 
weights  and  measures  as  in  section  8  of  this  act  provided. 

Copies  to  be  tested. 

§  21.  Sealers  appointed  under  the  provisions  of  this  act  shall,  at 
least  every  two  years,  cause  to  be  proved  and  tested  by  the  state  super 
intendent  copies  of  the  state's  standards  in  their  possession.  If,  upon 
Buch  inspection,  or  any  inspection  by  the  state  superintendent,  the  copie> 
of  the  weights  and  measures  tested  shall  be  found  to  be  incorrect,  thi 
same  shall  be  ad,justed,  if  the  same  are  susceptible  of  being  adjusted,  but 
if  not,  new  copies  shall  be  procured  and  certified  to  in  the  same  manner 
as   original   cojiies. 

Copies  deemed  correct. 

§  22.  In  any  prosecution  for  a  violation  of  any  of  the  provisions  of 
this  act  any  copy  of  the  standards  of  weights  and  measures  of  the  state 
furnished,  procured  and  certified  to  under  the  provisions  of  this  art. 
shall  be  admitted  in  evidence  upon  the  trial,  and  such  copy  shall  be 
deemed  prima   facie  true  and  correct. 

Duties  of  sealers. 

§  23.  It  shall  be  the  duty  of  any  sealer  of  weights  and  measures  tc 
carefully  preserve  all  copies  of  the  standards  of  weights  and  measnr«s 
in  his  possession,  and  to  keep  the  same  in  a  safe  and  suital>le  |>la<'e  when 
not  actually  in  use;  and  it  shall  be  his  duty  annually  and  at  such  other 
times  as  the  state  superintendent  may  require,  to  file  with  sui-h  superin 
teudent  a  written  report  of  the  work  done  by  him  of  the  weights,  mea> 


2359  WEIGHTS  AND  MEASURES,      Act  4385,  §§  24-26 

ures,  weigliinjj  and  measuring  instruments  inspected  or  tested  by  him 
and  of  tlie  result  of  such  inspection,  of  all,  prosecutions  instituted  by 
him  for  violations  of  the  provisions  of  this  act  and  of  all  other  matters 
and  things  pertaining  to  his  duties  or  which  may  be  required  by  tJie 
state    superintendent. 

Dealers  in  weighing  and  measuring  instruments  to  have  same  tested. 

§  24.  Every  person  using  or  keeping  for  use  or  having  or  offering 
for  sale  weights,  scales,  beams,  measures  of  every  kind,  instruments  or 
mechanical  devices  for  weighing  or  measurement,  and  tools,  api>liance3 
and  accessories  connected  with  any  or  all  such  instruments  or  measures 
within  a  county,  city,  town,  or  city  and  county  in  which  there  has  been 
appointed  a  sealer  under  the  provisions  of  this  act,  shall  within  three 
months  after  the  appointment  of  such  sealer  cause  all  such  weights, 
scales,  beams,  measures  of  every  kind,  instruments  or  mechanical  device 
for  weighing  or  measurement,  and  tools,  appliances  and  accessories  con- 
nected with  any  or  all  such  instruments  or  measures  to  be  sealed  and 
marked  by  the  sealer  of  weights  and  measures  of  the  county,  city,  town 
or  city  and  county  in  which  the  same  are  used,  kept  for  use  or  kept  or 
offered   for   sale. 

Instruments  must  be  tested  before  sale. 

§  25.  No  weight,  scale,  beam,  measure  of  any  kind,  instrument  or 
mechanical  device  for  weighing  or  measurement,  nor  tools,  appliances 
or  accessories  connected  with  any  or  all  of  such  instruments  or  measures 
shall  be  used,  kept  for  use,  sold,  offered  for  sale  or  kept  for  sale  in  any 
county,  city,  town  or  city  and  county,  in  which  there  is  a  sealer  ap- 
pointed under  the  provisions  of  this  act  and  in  which  for  three  months 
there  has  been  continuously  in  office  in  such  count}'',  city,  town  or  city 
and  countj'  a  sealer,  unless  such  weight,  scale,  beam,  measure  of  any 
kind,  instrument,  or  mechanical  device  for  weighing  or  measurement, 
and  tools,  appliances  and  accessories  connected  with  any  or  all  such  in- 
struments or  measures  shall  have  been  sealed  and  tested  as  in  this  act 
provided. 

Instruments  which  may  be  sold.     Subject  to  inspection. 

§  26.  When  any  weight  scale,  beam,  measure  of  any  kind,  instru- 
ment or  mechanical  device  for  weighing  or  measurement,  and  tools,  ap- 
pliances and  accessories  connected  with  any  or  all  such  instruments  or 
measurements  have  been  tested  and  found  correct  by  any  sealer  ap 
pointed  under  the  provisions  of  this  act,  the  same  may  be  used,  kept 
for  use,  offered  for  sale,  sold,  or  kept  for  sale  within  any  county,  city, 
town  or  city  and  county  of  this  state  for  one  year  without  any  further 
test.  Any  weight,  scale,  beam,  measure  of  any  kind,  instrument  or 
mechanical  device  for  weighing  or  measurement,  and  tools,  appliances 
and  accessories  connected  with  any  or  all  such  instruments  or  measures, 
which  have  been  tested  and  sealed  and  certified  to  as  correct  by  the 
national  bureau  of  standards,  may  be  kej)t  for  sale,  sold  or  offered  for 


Act  4385,  §§  27, 28  general  laws.  2360 

sale  without  being  first  tested  and  sealed  by  a  sealer  as  in  this  act 
pro\ided.  But  all  such  weights,  scales,  beams,  measures  of  any  kind, 
instruments  or  mechanical  devices  for  weighing  or  measurement,  and 
tools,  appliances  and  accessories  connected  with  any  or  all  such  instru- 
ments or  measures  shall  always  be  subject  to  inspection  and  testing 
AS  herein  provided,  notwithstanding  that  the  same  have  been  tested  and 
sealed  either  by  a  sealer  appointed  under  the  provisions  of  this  act  or 
by  the  national  bureau  of  standards. 

Testing  of  devices  which  must  be  assembled  before  use. 

§  27.  Any  scale,  beam  or  mechanical  devire  for  weighing  or  measur- 
ing, which,  after  being  sold  and  before  being  used  for  weighing  or  meas- 
uring it  is  necessary  to  assemble  or  set  uj),  may  be  sold,  kept  for  sale, 
or  offered  for  sale  without  first  being  tested  and  sealed  as  in  this  act 
provided;  but  such  scale,  beam  or  mechanical  device  for  weighing  or 
measuring,  before  being  used  for  weighing  or  measuring,  must  be  tested 
and  scaled  as  in   this  act  proviiled. 

Testing  upon  request  of  resident.  Testing  upon  request  of  firm,  etc., 
using.  Not  relieved  from  violation. 
§  28.  Upon  a  written  request  of  any  resident  of  a  county,  city,  town 
or  citj'  and  county,  in  which  there  has  been  appointed  a  sealer  under 
the  provisions  of  this  act  there  appearing  reasonable  ground  therefor, 
the  scaler  for  such  county,  city,  town  or  city  and  county  shall  test  or 
cause  to  be  tested,  as  soon  thereafter  as  is  practicable,  the  weights, 
scales,  beams,  measures  of  any  kind,  instruments  or  mechanical  devices 
for  weighing  or  measurement,  tools,  appliances  and  accessories  con- 
nected with  any  or  all  such  instruments  or  measurements  used  in  buy- 
ing or  selling  by  the  person,  firm  or  corporation,  designated  in  such  re- 
quest. Upon  the  written  request  of  any  person,  firm  or  corporation, 
using,  having  for  use,  selling,  keeping  or  offering  for  sale  any  weight, 
scale,  beam,  measure  of  any  kind  or  instrument  or  mechanical  device 
for  weighing  or  measurement,  tools,  appliances  and  accessories  connected 
with  any  or  all  such  instruments  or  measures,  in  any  county,  city,  town, 
or  city  and  county  in  which  there  has  been  appointed  a  sealer  under 
the  provisions  of  this  act,  the  sealer  for  such  county,  city,  town  or  city 
and  county  shall  test  or  cause  to  be  tested,  as  soon  thereafter  as  is 
practicable,  the  weights,  scales,  beams,  measures  of  any  kind,  instru- 
ment or  mechanical  device  for  weighing  or  measurement,  tools,  appli 
ances  and  accessories  connected  with  any  or  all  such  instruments  or 
measures  belonging  to  or  used  by  such  person,  firm  or  corporation;  but 
such  written  request  shall  not  relieve  the  person,  firm  or  corporation 
making  it  from  any  violation  of  the  provisions  of  this  act  or  of  the 
responsibility  provided  in  this  act  for  using,  keeping  for  use,  selling 
or  offering  to  sell,  or  keeping  for  sale,  any  false  weight,  scale,  beam, 
measure  of  any  kinil,  instrument  or  mechanical  device  for  weighing  or 
measurement,  tools,  appliances  and  accessories  connected  with  any  or 
all   such   instruments   or   measures. 


2361  WEIGHTS  AND  MEASURES.      Act  4385,  §§  29-31 

Drities  of   sealers.     Weigh   packages. 

§  29.  The  sealer  shall,  within  his  county,  city,  town  or  city  and 
county,  inspect,  try,  test  all  weights,  scales,  beams,  measures  of  any  kind, 
instruments  or  mechanical  devices  for  weighing  or  measurements,  and 
tools,  appliances  and  accessories  connected  with  any  or  all  such  instru- 
ments or  measures,  kept  for  the  purpose  of  sale,  sold,  or  useil  by  any 
proprietor,  agent,  lessee  or  employee  in  proving  the  size,  quantity,  ex- 
tent, area,  weight  or  measurement  of  quantities,  things,  produce,  articles 
for  distribution  or  consumption,  purchased  or  offered  or  submitted  by 
such  person  or  persons  for  sale,  hire  or  award  and  ascertain  if  the  same 
are  correct;  and  he  shall  have  the  power  to  and  shall,  from  time  to  time, 
weigh  or  measure  packages  or  amounts  of  commodities  of  whatsoever 
kind  kept  for  the  purpose  of  sale,  offered  for  sale  or  sold,  or  in  the 
process  of  delivery,  in  order  to  determine  whether  the  same  contain  the 
quantity  or  amount  represented  and  whether  they  are  being  offered  for 
sale  or  sold  in  accordance  witR  law  and  may  seize  for  use  as  evidence 
any  such  amounts  of  commodities  or  package  or  packages  which  shall 
be  found  to  contain  a  less  amount  than  that  represented.  He  shall,  at 
least  once  in  each  year,  or  as  much  oftener  as  he  deems  necessary,  see 
that  the  weights,  measures  and  all  weighing  and  measuring  apparatus, 
used  in  his  county,  city,  town,  or  city  and  county,  are  correct.  He  may, 
for  the  purpose  above  mentioned,  and  in  the  general  performance  of  his 
duty,  without  formal  warrant,  enter  or  go  into  or  upon,  any  stand,  place, 
building  or  premises  or  stop  afiy  vendor,  peddler,  junk-dealer,  driver  of 
a  coal  wagon,  ice  wagon,  or  delivery  wagon  or  the  driver  of  any  wagon 
containing  commodities  for  sale  or  delivery  and,  if  necessary,  require 
him  to  proceed  to  some  place  which  the  sealer  may  specify  for  the  pur- 
pose of  making  the  proper  tests. 

Violators  prosecuted. 

§  30.  Any  sealer  having  knowledge  of  a  violation  of  any  of  the  pro- 
visions of  this  act,  or  of  any  law  relating  to  weights  and  measures  shall 
cause  the  violator  to  be  prosecuted. 

Marking  weights  and  measures  tested,  etc.  "Out  of  order."  Removal  of 
tags  prohibited. 
§  31.  Whenever  a  sealer  compares  weights  and  measures  or  weigh- 
ing or  measuring  instruments  and  finds  that  they  correspond,  or  causes 
them  to  correspond,  to  the  standards  in  his  possession,  he  shall  seal  or 
mark,  under  his  name,  such  weight  or  measure  or  weighing  or  measur- 
ing instrument  with  an  appropriate  device  showing  that  the  weight  or 
measure  or  weighing  or  measuring  instrument  is  correct  and  the  date  of 
the  inspection,  which  device  shall  be  placed  so  as  to  be  easily  seen.  He 
shall  condemn  and  seize  and  may  destroy  incorrect  weights  and  meas- 
ures and  weighing  and  measuring  instruments  which  in  his  best  judg- 
ment are  not  susceptible  of  repair,  but  any  weight,  measure  or  weigh- 
ing or  measuring  instrument  which  shall  be  found  to  be  incorrect,  but 
which  in  his  best  judgment  are  susceptible  of  repair,  he  shall  cause  to 


Act  4385,  §  32  general  laws.  2362 

be  marked  with  a  tag  or  other  suitable  device  with  the  words  "Out  of 
Order."  The  owners  or  users  of  any  weights  or  measures  or  weighing 
or  measuring  instruments  which  have  been  marked  "Out  of  Order,"  as 
in  this  section  provided,  may  have  the  same  repaired  or  corrected  within 
thirty  days,  but  until  the  same  have  been  repaired  or  corrected  and 
tested  as  herein  provided  the  owners  or  users  thereof  may  neither  use 
nor  disfiose  of  the  same  in  any  way,  Init  shall  hold  the  same  at  the  <lis- 
posal  of  the  sealer.  When  the  same  have  been  repaired  or  corrected 
the  owner  or  user  thereof  shall  notify  the  sealer  and  the  sealer  shall 
again  test  and  firove  the  weight,  measure  or  weighing  or  measuring  instru- 
ment, which  had  been  found  in-orrect  and  marked  as  in  this  section 
provided,  and  until  such  weight,  measure,  or  measuring  or  weighing  in- 
striiinent  has  been  reinspecteil  by  the  sealer  and  found  correct,  the  same 
shall  not  be  used  or  in  any  way  disposed  of  by  the  owner.  Any  person 
who  removes  or  obliterates  any  tag  or  device  placed  ujion  any  weight, 
measure,  or  weighing  or  measuring  iustrfiment  by  the  sealer  as  in  this 
act  provided,  shall  be  guilty  of  a  misdemeanor.  When  any  weight,  meas- 
ure or  weighing  or  measuring  instrument  has  been  repaired  and  cor- 
rected, as  in  this  act  provided,  and  has  been  reinspected  and  found  cor 
rect  by  the  sealer  of  weights  and  measures,  as  in  this  act  provided,  the 
sealer  of  weights  and  measures  shall  r<Mnove  the  tag  or  device  with  the 
words  "Out  of  Oriler,"  and  sh:ill  seal  and  mark  such  weight,  measure, 
or  weighing  or  measuring  instrument  in  the  manner  provided  for  the 
marking  of  the  same  where  ujion  inspectton  they  are  found  correct. 

Penalty  for  possessing  or  using  false  weights  and  measures. 

§  32.  .\uy  person  who,  by  himself,  or  his  emj  loyee  or  agent,  or  as 
the  employee  or  agent  of  another,  shall  use,  in  the  buying  or  selling 
of  any  commodity,  or  retain  in  his  ixissession  a  false  weight  or  measure 
or  weighing  or  measuring  instrument,  or  shall  offer  or  expose  for  sale, 
or  sell  except  as  heretofore  specifically  allowed  in  section  27  of  this 
act,  or  use  or  retain  :n  his  possession  any  weight  or  measure  or  weighing 
or  measuring  instrument  in  any  county,  city,  town,  or  city  and  county 
in  which  there  has  been  appointed  a  sealer  of  weights  and  measures  in 
accordance  with  the  provisions  of  this  act,  which  has  not  been  sealed 
by  a  sealer  within  one  year,  or  who  shall  disjiose  of  any  condemned 
weight  or  measure,  or  weighing  or  measuring  instrument  contrary  ti> 
law,  or  any  person  who,  by  himself,  or  his  employee  or  agent,  or  as  the 
employee  or  agent  of  another,  shall  sell  or  offer  or  exjiose  for  sale  or 
use  or  have  in  his  possession  for  the  purjtose  of  selling  or  using  any 
device  or  instrument  to  be  used  to  or  calculated  to  falsify  any  weight 
or  measure,  and  any  person  who,  by  himself  or  his  employee  or  agent, 
or  as  the  employer  or  agent  of  another,  shall  sell  or  offer  or  expose 
for  sale  any  commodity,  produce,  article  or  thing  in  a  less  quantity 
than  be  represents  it  to  be  or  contain,  shall  be  guilty  of  a  misdemeanor. 
Possession  of  such  false  weights  or  measures  or  weighing  or  measuring 
instruments  shall  be  prima  facie  evidence  of  the  fact  that  they  were 
intended  to  be  used  in  the  violation  of  law. 


2363  WEIGHTS  AND  MEASURES.     Act  4385,  §§  33-40 

Power  of  peace  oificers. 

§  33.  The  state  siipeiintendeut,  his  deputy,  all  sealers  and  their 
deputies,  in  the  perforniaiice  of  thoir  official  duties,  shall  have  the  same 
powers  as  are  possessed  by  peace  oflicers  of  this  state. 

Hindering  sealers. 

§  34.  Any  person  who  shall  hinder  or  obstruct  in  any  way  the  state 
superintendent,  or  his  deputy,  or  a  sealer  or  his  deputy,  in  the  perform- 
ance of  their  official  duties,  sliall   be   guilty  of   a   misdemeanor.  ^ 

Eefusing  to  exhibit  weights  or  measures. 

§  35.  Any  person  neglecting  or  refusing  to  exhibit  any  weight,  meas- 
ure, or  weighing  or  measuring  instrument  of  any  kind,  or  appliances  and 
accessories  connected  with  any  or  all  of  such  instruments  or  measures 
which  is  in  his  possession  or  under  his  control,  to  the  state  superintend- 
ent, or  his  deputy,  or  to  a  sealer  or  his  deputy,  for  the  purpose  of  al- 
lowing the  same  to  be  inspected  and  examined  as  in  this  act  provided, 
shall  be  guilty   of  a  misdeameanor. 

Refusing  to  exhibit  commodities. 

§  36.  Any  person,  who  by  himself,  or  his  employee  or  agent,  or  as  a 
proprietor  or  manager,  shall  refuse  to  exhibit  any  article,  commodity, 
produce  or  anything  being  sold  or  offered  for  sale  at  a  given  weight  or 
quantity,  or  ordinarily  so  sold,  to  the  state  superintendent,  or  to  his 
deputy,  or  to  a  sealer  or  his  deputy,  for  the  purpose  of  allowing  the 
same  to  be  tested  and  proved  as  to  the  quantity  contained  therein  as  in 
this  act  provided,  shall  be  guilty  of  a  misdemeanor. 

Penalty,  for  false  sealing. 

§  37.  Any  sealer  who  shall  seal  any  weight,  measure,  balance  or  ap 
paratus  before  first  testing  and  making  the  same  conform  with  tha 
standards  of  the  state,  or  who  shall  condemn  any  weight,  measure,  bal 
anee  or  apparatus  without  first  testing  the  same,  shall  be  deemed  guilty 
of  a  misdemeanor. 

§  38.  An}^  person  violating  any  of  the  provisions  of  this  act  shall  be 
guilty   of   a   misdemeanor. 

"Person." 

■§  39.  The  word  "person,"  as  used  in  this  act,  shall  be  deemed  to  in- 
clude  person,  firm   or   corporation. 

Duty  of  officers  of  corporations. 

§  40.  It  shall  be  the  duty  of  all  officers,  directors  and  managers  of 
corporations,  whose  respective  corporations  use  or  keep  for  use,  sell  or 
offer  for  sale,  any  weights,  measures,  or  weighing  or  measuring  instru- 
ments which  are  subject  to  inspection  by  the  provisions  of  this  act,  to 
comply  with  the  provisions  of  this  act  on  behalf  of  their  respective  cor- 
porations; and  it  shall  be  the  duty  of  all  officers,  directors  and  managers 


Acts  4408, 4420  general  laws.  2364 

of  corporations,  whose  respective  corporations  offer  for  sale  or  keep  for 
sale  any  commodit}',  produce,  article  or  thing  which  is  subject  to  in^ipec- 
tion  by  the  provisions  of  this  act,  to  conifdy  therewith  on  behalf  of 
their  respective  corporations.  In  case  any  corporation  shall  violate 
any  of  the  provisions  of  this  act,  the  corjioration  and  the  officers  therpof 
directly  concerned  with  the  act  or  acta  constituting  such  violation  shall 
be  severally  guilty  of  a  misdemeanor. 

§  41.'  Any  sealing  or  testing  of  any  weight,  measure,  weighing  or 
measuring  instrument  by  the  state  sui»<'rintendent  or  his  def)uty  shall 
have  the  same  force  and  effect  as  a  sealing  or  testing  by  a  sealer  or 
his  deputy. 

Appropriation, 

§  42.  There  is  hereby  appropriated  out  of  the  general  fund  of  the 
state  the  sum  of  twelve  thousand  doUurs  for  carrying  into  effect  the 
provisions  of  this  act. 

Title  of  act. 

§  43.     This  act  shall  be  known  as  the  Weights  and  Measures  Act. 

TITLE  566. 

WIIITTIER  STATK   SCHOOL. 
ACT    4408. 

To  establish  the  Whittier  Reform  School  for  Juvenile  Offenders.     [Stats. 

1889,  p.  111.] 
Amended    1893,    p.    328;    1905,    p.    80:    1907,    p.    3;    1909,    p.    988.      Sup»rsedrd 
1911,   p.    673.    and   again    in    1913    (Stats.    1913,   p.    1304).      S«c  anU,   Act   1770. 
Tlie   superseding  acts   superseded   this  act   as   to  th«  mode  of  eoininltment   but   left 
tlie  net  in  force  as  tu  all  matters  concerniu);  the   management  of  the  inttitutiuo. 
Citationi.     App.   l'J/GUt>,   607.   608;    (S5  16,    16a)    19/60!i,   60a.   610. 

TITLE    568. 

WOMAN'S  RELIEF  CORPS. 
ACT  4420. 

Citations.      App.   8/529,   530,   531,   532,   537. 


INDEX. 

(2365) 


INDEX. 


ABAIiONE.     See  Game  Laws. 

ABANDONMENT. 

Condemnation  proceedings,  of.      See  Eminent  Domain. 
Child,  of.      See  Adoption;  Parent  and  Child. 
Streets,  of.      See  Streets. 
Wife,  of.      See  Husband  and  Wife. 

ABATEMENT. 

Partition  proceedings,  effect  of  death  or  insolvency  of  party,  p.  34,  §  763. 

ABSTRACTS  OF  TITLE. 

Admissibility  as  evidence,  where  records  burnt  or  destroyed,  p.  95,  §  1855a. 

ACCIDENT   INSURANCE   COMPANIES. 

Capital  stock  required  of,   p.  309,  §  h04,  subd.  16. 
What  included  in,  p.   309,  §  594,   subd.   6. 

ACCIDENTS.      See  Master  and  Servant;   Public  Utilities,  II. 

ACCOMPLICE. 

Conviction  on   testimony  of,   p.   242,  §  1111. 

ACCOUNTING.      See  Board  of  Control. 

Certified  accountants  from  other  states,  admission  of  to  practice,  p.  823,  Act  11. 

ACCOUNTS. 

Executor  or  administrator,  of.      See  Executors  and  Administrators. 
Guardians.      See   Guardian   and  Ward. 
Public  utilities,  of.      See  Public  Utilities,  II. 

ACCUSATION.      See   Attorney   and  Client. 

ACKNOWLEDGMENTS. 

Articles  of  incorporation,   of,   p.   113,  §  292. 
Defective,  validating,  p.  156,  §  1207. 

Instrument  recorded  without,  validating,  p.  156,  §  1207. 
Who  may  take,  p.  155,  §  1181. 

ACTIONS.      See  Infants;   Insane  Persons;    Statute   of  Limitations, 
Death,  for  wrongful  causing  of,   p.   1060,   Act  896.  , 

Joinder  of.      See  Joinder  of  Actions. 
Place  of   trial   of,   p.    16,  §  395. 

Public  utility  commission,  by,  p.   1786,  Act  2886,  §  75. 
State,  against.      See  State.  ^ 

Taxpayer  cannot  enjoin  issuance  of  bonds  by  officer,  p.  22,  §  526a. 
Taxpayer  may  sue  to  enjoin  illegal  expenditure  or  waste,  p.  22,  §  526a. 

(2367) 


2368  INDEX. 

ADJUTANT  GENERAL. 

Absence  or  inability  of,  who  to  act,  p.  462,  !  1928,  (ubd.  12. 

Allowance   to   for  target  practice,   p.   473,  S  2079. 

Cash  revolving  fund  for  use  of,   p.  1609,  §  2433c. 

Claims,   auditing,   etc.,   procedure,   p.   473,  §  2079. 

Control  of  military  department,  provision  as  to  repealed,  p.  457,  5  192S. 

Department,    brigadier    general    is    chief   of,    p.    458,  J  1927. 

Department,    chief   of,   duties   of   enumerated,    p.    459,  S  1928. 

Department,   colonel   of,    duty   and   qualifications,    p.    458,  S  1927. 

Department  of,   brigadier   general,   appointment  of   aud   term  of   office,   p.   458. 

S  1927. 
Department  of,  brigadier  general,  qualifications  of,  p.  458,  I  1927. 
Department  of,   chiof,    powers   of  enumerated,   p.   459,  J  1928. 
Department   of,   chief,   rank,   p.   458,  j  192S. 
Department  of.   confnrming    to   orders   and   regulations   of   United    States   army, 

p.  462,  5  1928,   subd.   12. 
Department  of,   employees  of,  p.   458,  §  1927. 
Department,  officers  of,  p.  458,  {  1927. 
Department,    officers,    appointment,    qualifications    and    terms   of    office,    p.    456. 

5  1927. 
Department,  officers  of,  duties  of,  p.  462,  S  1928,  snbd.   12. 
Dep.irtment,   officers  of,   title  of,   p.   458,  5  1927. 
Dulios  of,  provision  as  to  repealed,  p.  457,  J  1923. 
Military-roll,   delivery  of  cerlitiod  copy  of  to,   p.  456.  J  1900. 
Muster-roll,   dtity  to   make   and  time   of  making,   p.  456,  §  1902. 
Muster-roll,   signing   and   filing,   p.   456,  5  1902. 
Muster-roll,  what  to  show,  p.  456,  S  1902. 

ADMINISTRATORS.      See   Executors  and   Administrators. 
Public.      See   Public  Administrators. 

ADOPTION. 

Abandoned,  child  may  be  determined  to  be,  by  order  of  juvenile  court,  p.  109. 

§  224. 
Abandoned  child,  who  is,  p.   109,  §  224. 
Consent   of   parent,    necessity   of,    p.    109,  §  224. 
Consent  to,  managers  of  orphan  asylum  may  give,  when,  p.  109,  S  224. 

ADULTERATION. 

Adiiltcriitfd   food  to  be  destroyed,  p.   824,   Act  29. 

Butter,  ret'ulntion  of  production  of,  p.   826,   Act    47a. 

Cheese,   regulation  of  production  of,  p.   826,   Act  47a. 

Cheese.      See  Cheese. 

Cream,  regulation  of  production  of,  p.  826,  Act  47a. 

Drugs,  adulterated,  mislabeled  or  misbrauded,  prevention  of  mannfactnre,  sail- 
or  transportation    of.    p.    825,   Act   30. 

Foods,  manufacture,  sale  or  transportation  of  adulterated,  prevention  of,  p.  824. 
Act  29. 

Fungicides,  regulation  of  manufacture,  sale,  adulteration  and  misbranding  of, 
p.   827.   Act   48. 

Guaranties  a  protection  in  prosecution  for,  p.   824,   Act  29;   p.  827,  .\ct  48.  S  9. 

Ice  cream,   regulation   of  production   of.   p.   82P,   .Vet   47a. 

Insecticides,  regulation  of  manufacture,  sale,  adulteration  and  misbranding  of, 
p.  827,  Act  48. 


INDEX.  2369 

ADULTERATION   (Continued). 

Liquors,    manufacture,    sale    or    transportation    of    adulterated,    prevention    of, 

p.  824,  Act  29. 
Milk,  certified,  act  of  1909  regulating  production  and  sale  of  repealed,  p.  826, 

Act  47. 
Milk,   certified,  regulation  of  production  of,  p.   826,    Act   47a. 
Violation   of   statute   against,   punishment,   p.   824,    Act   29. 
Wine,    act    prohibiting   adulteration    of,    and   to    prevent   fraud    in    manufacture 

of,  repealed,  p.  826,  Act  44. 

ADULTERY. 

Competency  of  husband  or  wife  as  witness,  p.   251,  §  1322. 

Living  in   state   of   is   a    inisdomeanor,   p.    196,  §  269a. 

Living  in  state  of,  punishment  of,   p.   196,  §  269a. 

Married  persons,  by,  a  felony,  p.   196,  §  269b. 

Married  persons,   by,  proof  of  marriage  on  prosecution  for,  p.  196,  §  269b. 

Married   persons,   by,   punishment  of,   p.   196,  §  269b. 

ADVERTISEIHENTS. 

Cities  authorized  to  levy  tax  for  advertising,  p.   1563,   Act   2389a. 

County   resources,    tax    for    advertising,    power   of    supervisors,    p.    582,  §  4041, 

subd.   33. 
Putting  on  private  property  without  consent,  prevention  of,  p.  834,   Act  52. 
Putting  on  public  property  without  consent,  prevention   of,  p.   834,   Act   52. 
Regulations  of  advertisements  for  employees  during  strikes  or  lockouts,  p.  1409, 

Act   2140a. 
State  officers  or  board,  by,  to  be  under  direction  of  board  of  control,  p.  1603, 

Act  2503. 

AGENCY. 

Insurance  companies,  for.     See  Insurance  Companies. 

AGISTORS. 

Lien   of,   p.    183,  §  3051. 

AGRICULTURAL   PARK. 

At    Sacramento.      See   State  Agricultural   Society;    State  Fair, 

AGRICULTURE.      See  Horticulture;   University  of  California. 

Cereal  crops,  investigation  and  experiments  for  improvement  of,  p.  842,  Act  76. 
Commission  to  investigate  European  system  of  rural  credits  and  report,  creation 

of,  p.   845,   Act  78c. 
Experiment  station  at  Riverside,  establishment  of,  p.  2253,  Act  4263b. 
Experiment   station,   establishment  of  in  Imperial  county,  p.  2255,  Act  4263f. 
Expert   in,    governing   boards   of   irrigation,    reclamation   and   drainage    districts 

authorized  to   employ,  p.   845,   Act  78b. 
Fertilizers,  regulation  of  sale  of,  p.  1168,  Act  1157. 

Insecticides  or  fungicides,  prevention  of  adulteration  of.      See  Adulteration. 
Investigation   of  nature  and  means   of  control  of  diseases  of  cultivated  plants, 

p.   842,   Act   77. 
Power  of  attorney  to  collect  wages  is  revocable  at  any  time,  p.  152,  §  955. 
Smelters.      See   Smelters. 
State  agricultural  society.      See   State  Agricultural  Society. 

149 


2370 


INDEX. 


AGRICULTUBE    (Continnedl. 

State   board  of,  management  and  control  of,  p.  840,  Act  67, 

State    fair.      See   State  Fair. 

Statistics,    agricultural,    collection,    compilation    and    publication    of    for    «tate, 

p.   1967,   Act   3798c. 
Viticulture,    experimental    and    research    work    in    and    publicatioa    of    reiults, 

p.   2262,   Act  4308. 

AIDES-DE-CAMP.      See  National  Guard, 

ALAMEDA  CITY. 

Charter  of,  amendment  of,  p.  846,  Act  85. 
Waterfront  of,  granting  of  to,  p.  846,  Act  86. 

ALAMEDA  COUNTY. 

Assessor,  commissions  not  allowed  to  for  collection  of  personal  property  or  poll 
taxes,  p.  815,  5  4290. 

Assessor,    deputies,    clerks    and    assistants,    number,    enumermtion,    appointment 
and  salaries  of,  p.  620,  5  4232.  subd.  8. 

Assessor,   maps,   plats   and    block-books,    preparation   of   and   powers   and   duties 
AS  to,  p.  620,  §  4232,  subd.  8. 

Assessor,    no    compensation    allowed    to    for    making    out    military-roll,    p.    815, 
S  4290. 

Assessor,  salary  of,  and  commissions,  p.  620,  S  4232,  subd.  8. 

Auditor,    additional    assistants,    allowance    of    and    report    of    amount    expended 
for,  p.  618.  §  4232,  subd.  4. 

Auditor,    deputies   and    assistants,    number, 
aries,  p.  618,  S  4232,  subd.  4. 

Auditor,   report  of,   p.  618,  i  4232,  subd.  4. 

Auditor,    salary  of,   p.   618,  5  4232,   subd.   4. 

Classifioation   of,   p.   566,  J  4006. 

Constables,    fees    and    expenses,    and    how    allowed    and    paid, 
subd.  15. 

Constables,   number  and  enumeration  of,  p.   626,  {  4232,   subd. 

Constables,   population   of  townships,  how  determined,  p.   626,  8  4232,   subd.   15. 

Constables,    salaries  of,  p.  626,  |  4232,  subd.   15. 

Coroner,    deputy    and    stenographer,    appointment    and    eompen<niiiin      p.    622, 
§  4232,   subd.   10. 

Coroner,   powers  and  duties  of,  p.   622,  $  4232,  subd.   10. 

Coroner,    salary,   fees  and  expenses  of,   p.  622,  S  4232,   subd.   10. 

Coroner,     stenographer,    appointment    and    compensation    of,     p.     622.    J    4232, 
subd.  10. 

Coroner,   stenographer,  transcription  of  testimony  constitutes  deposition   of  wit- 
nesses, p.  622,  §  4232,  subd.   10. 

County    clerk,    deputies,    clerks    and    assistants,    number,    enumeration,    appoint- 
ment  and   salaries,   p.   616.  §4232,   sulul.    1. 

County  clerk,  salary  of,  p.  616,  §  4232.  subd.  1. 

District    attorney,    deputies,    clerks    and    assistants,    number,    enumeration,    ap- 
pointment and  salaries,  p.  622,  §  4232,   subd.  9. 

District  attorney,   salary   of,    p.   622,  S  4232,   subd.   9. 

Fish  and  game  warden,   salary  and  expenses  and  how  paid,   p.   594,  {  4149d. 

Jurors,   grand,   fees  and  mileage  of.   p.   627.  §  42T2.   subd.    17. 

Jurors,   trial,  fees  and  mileage  of,  p.  627,  S  4232,   lubd.   17, 


enumeration,    appointment    and    sal- 


p.     626,  5  4232, 
15. 


INDEX.  2371 

ALAMEDA  COUNTY   (Continued). 

Justices,  clerk,  appointment,  oath,  powers,  duties  and  bond,  p.  624,  §  4232, 
subd.  14. 

Justices,   offices  for,   duty  to   provide,   p.   624,  §  4232,    subd.    14. 

Justices,    population  of  townships,   how  determined,   p.   624,  §  4232,   subd.   14. 

Justices,  register,  duty  to  keep,  what  to  show  and  right  of  inspection,  p.  624, 
§  4232,   subd.   14. 

Justices,   salaries  and  fees  of,  p.  624,  §  4232,  subd.  14. 

License  collector,  receives  fifteen  per  cent  of  collections,  p.  620,  §  4232,  subd.  7. 

Poll  and  road  taxes,  commissions  for  collecting  to  be  allowed  county  in  settle- 
ment with  state,  p.  620,  §  4232,  subd.  8. 

Population  of,   p.   56."),  §  4005c. 

Public  administrator,   fe-s  of,  p.  623,  §  4232,  subd.  11. 

Recorder,  deputies,  number,  enumeration  of  and  salaries,  p.  618,  §  4232,  subd.  3. 

Recorder,  monthly  report  of,  p.  618,  §  4232,   subd.  3. 

Recorder,  salary  and  allowances,  p.  618,  §  4232,  subd.  3. 

Registrar  of  voters,  salary,  fees,  allowances,  deputies  and  assistants,  pp.  595, 
60],  §  4149e. 

Sheriff,  deputies,  clerks  and  assistants,  number,  enumeration,  appointment  and 
salaries,  p.  617,  §  4232,  subd.  2. 

Sheriff,  salary  and  expenses  of,  p.  617,  §  4232.  subd.  2. 

Special  counsel,  power  to  employ,  p.  622,  §  4232,  subd.  9. 

Superintendent  of  schools,  deputies  and  assistants,  number,  appointment  and 
salaries,  p.  623,  §  4232,  subd.  12. 

Superintendent  of  schools,   salary  of,  p.  623,  §  4232,  subd.   12. 

Supervisors,   expenses  of,  allowance  of,  p.  626,  §  4232,  subd.  16. 

Supervisors,    salaries  of,  p.  626,  §  4232,  subd.  16. 

Surveyor,    charge  for  work  done,   duty  as  to,  p.   624,  §  4232,   subd.   13. 

Surveyor,    compensation   and  expenses,   p.   624,  §  4232,   subd.    13. 

Surveyor,  maps,  plats  or  block-books,  making  for  county,  rights  and  duties  as 
to,   p.    624,  §  4232,   subd.    13. 

Tax  collector,  deputies,  clerks  and  assistants,  number,  enumeration,  appoint- 
ment, salaries  and  duties,  p.  613,  §  4232,  subd.  6. 

Tax  collector,  indexes  of  assessment-roll,  powers  and  duties  regarding,  p.  613, 
§  4232,  subd.  6. 

Tax  collector,  salary  of,  p.  613,  §  4232,  subd.  6. 

Treasurer,   deputies,  number,  appointment  and  salaries,  p.  619,  §  4232,  subd.  5. 

Treasurer,  fees  and  commissions  to  be  paid  into  general  fund,  p.  619,  §  4232, 
subd.  5. 

Treasurer,  salary  of,  p.  619,  §  4232,  subd.  5. 

ALCOHOL.      See  Intoxicating  Liquors. 

ALIENS. 

Immigration.      See  Immigration. 

Rights,  powers  and  disabilities  in  relation  to  acquiring  and  holding  land,  p.  848, 
Act  128. 

ALPINE   COUNTY. 

Assessor,  salary  of,  p.  815,  §  4287,  subd.  7. 
Auditor,  salary  of,  p.  815.  §  4287,  subd.  4. 
Classification  of,  p.  570,  §  4006. 


2372 


INDEX. 


ALPINE  COXTNTT  (Continued). 

Constables,  fees  of,  p.  815,  }  4287,  subd.  14. 

Coroner,  fees  of,  p.  815,  §  4287,   subd.  9. 

County  clerk,   salary  of,   p.   814,  §  4287,  8ubd.   1. 

District  attorney,  salary  of,  p.  815.  §  4287,  subd.  8. 

Fish  and  game  warden,  salary  and  expenses  and  how  paid,  p.   594,  S  4149d. 

Justices,   fees  of,   p.   815,  §  4287,   subd.   13. 

Population  of,  p.  566,  §  1005c. 

Public  administrator,   fees  of,  p.  815,  S  4287,   subd.   10. 

Rfcorder,  salary  of,  p.   814,  §  4287,   subd.   3. 

Registrar   of   voters,    salary,    fees,    allowances,    deputies   and   assistant's,   p.    595. 

§  4149e. 
Sheriff,   sal.iry  of,  p.  814,  J  4287,  subd.  2. 

Superintendent  of  schools,   salary  of,  p.  815,  J  4287,   subd.   11. 
Supervisors,    compensation   and   mileaee   of,   p.    815,  {  4287,    subd.    15. 
Supervisors,    compensation   as    road    commissioner,   p.   815,  §  4287,   subd.    15. 
Surveyor,  fees  of,  p.  815,  §  4287,  subd.   12. 
Tax  collector,  salary  of,   p.   815,  §  4287,   subd.  6. 
Treasurer,  salary  of,  p.  815,  §  4287,  subd.  5. 

ALPINE   STATE  HIGHWAY. 

Course  (if,  defined,  p.   1229,   Act   1457e. 

Establishment  of,  p.   1229,  Act   1457e. 

Supervision,   construction,  repair  and  maintenance  of,  p.   1229,   Act    1457e. 

AMADOR  COUNTY. 

Assessor,    deputies  and   salaries   of,   p.    782,  {  4270,   subd.   7. 

Assessor,    salary   of,   p.   782.  §  4270,   subd.   7. 

Auditor,   salary  of.  p.   781.  §  4270.  subd.  4. 

Classification   of,   p.   569.  §  4006. 

Constables,  population,  how  ascertained  for  purpose  of  fixing  salaries  of,  p.  782, 

§  4270,  subd.   13. 
Constables,  salaries,  expenses  and  fees  of,  p.  782,  S  4270,  subd.   13. 
Coroner,  fees  of,  p.   782,  §  4270,  subd.  9. 

County   clerk,   deputy,   appointment   and   salary  of,  p.   781,  5  4270,    subd.   1. 
County   clerk,    salary   of,   p.    781,  §  4270,   subd.    1. 
District  attorney,   salary  and  expenses,   p.   782,  5  4270.  subd.   8. 
Fish  and  pame  warden,   salary  and   expenses   and  how  paid,   p.   594,  J  4149d. 
Jurors,   grand,   fees  and   mileage,   p.    782.  S  4270,   subd.   15. 
Jurors,   trial,   fees   and  mileage,   p.   782,  §  4270,   subd.    15. 
Justices,    population,    how    ascertained    for   purpose    of    fixing    salaries,    p.    783, 

§  4270,   subd.    13. 
Justices,   salaries  and  fees  of,  p.   782,  §  4270,   subd.   13. 
Population  of,  p.   566,  J  4005c. 

Public  administrator,   fees  of,  p.   782,  §  4270,   subd.   10. 
Recorder,   salary  of.  p.  781,  §  4270,   subd.   3. 
Registrar  of   voters,    salary,    fees,    allowances,    deputies   and    assistants,  pp.    599. 

601.  §  4149e. 
Sheriff,  salary,  expenses,  commissions,  fees  and  mileage,  p.  781,  5  4270.  snbd.  2. 
Superintendent  of  schools,   salary  and  expenses,  p.   782,  §  4270,   subd.   11. 
Suiiervisors,   compensation   as   road   commissioner,   p.   782,  §  4270,   subd.   14. 
Supervisors,    salaries  and  mile.ige.   p.   782,  5  4270.   subd.    14. 
Surveyor  to  be  given  all  county  work,  p.  782,  §  4270,  subd.  12. 


INDEX.  2373 

AMADOR  COUNTY  (Continued). 

Surveyor,   fees  of,  p.   782,  §  4270,   subd.   12. 

Tax   collector,    commission.s   on   licenses   collected,   p.    782,  §  4270,   subd.   6. 

Tax   collector,    salary  of,  p.  782,  §  4270,   subd.  6. 

Treasurer,   salary  of,  p.  781,  §  4270,   subd.  5. 

AMENDMENTS.      See  Bills  of  Exceptions;  Pleadings. 
Constitution,  of.      See   Constitution. 
Indictment,    of.      See    Indictment. 
Information,  of.      See  Information. 

ANDERSON. 

Provision  for  issuance  of  patent  to  Peter  Anderson  for  certain  land,  p.  1724, 
Act  2867a. 

ANGELES  NATIONAL  FOREST. 

Cutting  of  fire  lanes  and   tire   trails  in,  p.   1172,   Act   1223. 
Reforestration  of,  appropriation  for,  p.   1172,  Act  1223. 

ANIMALS.      See  Game  Laws. 

County  livestock   inspector.      See   Livestock   Inspector. 

Cruelty  to.  See  Corporations  for  Prevention  of  Cruelty  to  Children  and  Ani- 
mals. 

Hog  cholera,  preparation  and  distribution  of  serums  and  vaccines  to  prevent, 
p.  851,  Act  195. 

Importation  of  horses,  mules  and  asses  affected  with  glanders,  act  of  1911  for 
prevention  of  repealed,  p.  851,  Act  194. 

Importation  of  horses,  mules,  asses  or  cattle  aflicted  with  disease,  prevention 
of,  p.  852,  Act  196. 

Importation  of  neat  cattle  affected  with  tuberculosis,  act  of  1911  for  preven- 
tion of  repealed,  p.   850,  Act   193. 

Inspection  of  horses,  mules,  asses  or  cattle  before  they  are  brought  into  state, 
p.  852,  Act  196. 

Jacks.      See  Jacks. 

Lien  of  persons  pasturing,   boarding,   etc.,   p.   183,  §  3051. 

Poundmaster.      See  Poundmaster. 

Rabies  or  other  diseases  dangerous  to  human  beings,  prevention  of  introduction 
of,  p.  854,  Act  196a. 

Sheep.      See  Sheep. 

Stallions.      See  Stallions. 

Veterinary   surgery.      See   Veterinary   Surgery. 

APARTMENTS. 

Act  regulating  building  and  occupancy  of  tenements.      See  Tenement  Houses. 

APPEALS.      See  Bills  of  Exceptions. 

Attorney's  fee  in  probate,   appeal  from  order  making  allowance  on  account   of, 

p.  83,  §  1616. 
Costs,   prevailing  party   entitled  to,  p.  45,  §  1027. 
Costs,  what  allowed  as,  p.  45,  §  1027. 
Costs,   where  judgment  is  modified,  p.   45,  §  1027. 

Criminal  case,    eflfeet   of   failure  to   fili   application  in  time,   p.   249,  §  1247. 
Criminal  case,   filing  grounds  of  appeal,  time  for,  p.  249,  §  1247. 


2374  INDEX. 

APPEALS  (Continued). 

Crjminal   case,    transcription    of   testimony,   proceedings   in   relation    to.   P-    249, 

§  1247. 
In  probate  proceedings.      See   Estates  of  Decedents. 
Justices'   courts,   in.      See  Justices'   Courts. 

Notice  of,  nerd  not  be  served  on  party  defaulting  or  not  appearing,  p.  30,  §  650 
Police  oflRcers.  ripht  of  appeal  on   trial  of,  p.   1670,   Act  27.37. 
Supreme   court,    appeal   to   from   order  or  decision   of   public  utility   commis.sion. 
pp.   1779,   1780,  §§  66,   67;   p.   1781,   Act  2886,  §  68;  p.   1786.   Act  2886,  }  75. 
To  legislature  on  claim  disapproved  by  board  of  control,  p.  328,  5  671. 

APPEARANCE. 

Bill  of  exceptions  need  not  be  served  on  party  not  appearing,  p.  30,  §  650. 

Infants.      See  Infants. 

Insane  persons.      See  Insane  Persons. 

Justices'  courts  in  townships  of  two  hundred  and  fifty  thousand,  appearance  in, 

p.  4,  §  100. 
I^egislature,  before.      See  Legislature. 

APPRAISEMENTS. 

Estate  of  ward.      See  Guardian  and  Ward. 

Homestead,  of,  on  execution  against  homestead,  p.  157,  St  1245,  1246. 

APPRAISERS.      See   Estates  of  Decedents. 

APPROPRIATIONS. 

Funds.      See   Funds. 

Particular  purpose,  for.      See  particular  title. 

ARCATA. 

Waterfront,  granting  of  to  city  of,  p.  857,  Act  222. 

ARCHITECT. 

State.      See  Department  of  Engineering. 

ARMORY. 

Xational  guard,   for.      See   National  Guard. 

ARMY.      See   Soldiers  and   Sailors. 

ARRAIGNMENT.      See   Criminal   Practice. 

ARREST. 

Power  of  labor  commissioner  or  his  deputies  to  make  arrests,  p.  1403,  Act  20C2. 

ARTICLES   OF  INCORPORATION.      See   Corporations. 

ARTILLERY. 

Coast.      See  National  Guard. 

ASEXUALIZATION. 

.Vet  of   1909   providing  for  repealed,  p.  859.  Act  247. 

Provisiou  for  asexualizatiou  of  certain  persons,  p.  859.  Act  248. 


INDEX,  2375 

ASSAULT. 

Punishment   of,   p.   195,  §  241. 
Assembly  districts,  p.  272,  §  90. 

ASSES.      Soe  Animals. 

ASSESSMENTS.      See  Mutual  Benefit  Associations;   Taxation. 

Notices    to    be    printed    on    cover    of    policies    relating    to    future    assessments, 
p.  1296,  Act  1672g. 

ASSESSOR.      See  Taxation. 

Consolidation  of  offices  of  tax  collector  and  assessor,  p.  571,  §  4017. 

ASSIGNEES. 

Deposit  of  funds  with  trust  company,  ordering  by  court  and  reduction  of  bonds, 

p.  907,  Act  297,  §  93. 
Deposit  of  trust  funds  with  trust  company  under  order  of  court   and  discharge 

from  liability,  p.  906,  Act  297,  §  91. 

ASSIGNMENTS. 

Claim  under  employers'   liability  law  not   assignable  before  payment,   p.    1432, 

Act  2144a,  §  29a. 
Election  officers,  assignment  by  of  compensation  or  receiving  assignment  from, 

a  misdemeanor,  p.  340,  §  1072a. 
Wages,  provision  relating  to,  p.   152,  §  955.      See  Master  and   Servant. 

ASSOCIATIONS.      See  Benefit  Associations;   Unincorporated  Associations;   Building 
and   Loan  Associations. 
Indemnity,    associations    for    exchange    of    contracts    providing    for.      See    In- 
-     demnity. 

ASYIjUMS.      See   Orphan   Asylums. 

ATTACHMENTS. 

Allowance  to  sheriff  for  expenses  of  keeping  property,  p.  815,  §  4290. 

Building  and  loan  associations,  exemption  of  property  of,  p.  972,  Act  428. 

Expenses  of  keeping  and  preserving,   allowance  of  to  sheriff,  p.   815,  §  4290. 

Exemption  of  cemetery  lands  from,   p.   1020,  Act  549. 

Justices'  courts,  in.      See  Justices'   Courts. 

Mechanic's  lien,  in  personal  action  for  debt,  p.  56,  §  1197. 

ATTORNEY. 

Powers  of.      See  Agency. 

ATTORNEY  AND  CLIENT. 

Accusation,  contents  of  and  what  to  recite,  p.  11,  §  292. 

Accusation,   service  by  publication,   when  allowed  and  manner  of,  p.  11,  §  292. 
Accusation,   service  of  and  answer  to,  p.  11,  §  292. 

Admission   of  students   to  practice   without  examination  on  diplomas  from  cer- 
tain institutions,  p.   10,  §  280b. 
Attendance  of  attorney  at  legislature,   continuance  of  trial,  p.  27,  §  595. 
Defendant  in   criminal  action,   right  of  to  counsel,  p.  232,  §  686. 
Executor,    attorney   for.      See    Executors   and   Administrators. 
Pees,  allowance  of  on  abandonment  of  condemnation  proceedings,  p.  70,  §  1255a. 


2376  INDEX. 

ATTOENEY  HLJB  CLIENT    (Continued). 

Fef:s   of  attoriif-ys   in   partition   proceedings   as   costs,   p.   34,  5  763. 

Fees  recoverable  in  action  on  bond  given  by  railroad  in  condemnation  proceed- 
ings, p.  69,  §  1251. 

Infant,  attorneys'   fees  for.      See  Infancy. 

Justice  not  to  practice  before  another  justice,   p.  6.  §  103. 

Priviletred   communications   between   attorney   and   client,   p.   96.  f  1881. 

Privileged  communications,  communications  between  attorney  and  clerk,  secre- 
tary or  stenographer,   p.   96,  §  1881. 

Removal  or   suspension,   grounds   for,   p.   11,  §  287. 

Removal  or  suspension,   order  may  be  reviewed  on  appeal,   p.   11,  §  287. 

Removal   or   suspension,    what   courts   may   order,   p.   11,  5  287. 

What   officers  may   not  practice   law  or  have   law   partner,   p.   820,  §  4316. 

ATTORNEY   GENERAL. 

Bonds  purchased  by  board  of  control   from  state   treasurer,   to  approve  TAlidity 

of   issue,   p.   330,  J  679. 
Clerks,   reporters   and   stenographers   of.    enumerated,    p.   302,  S  475. 
Clerks,    reporters   and  stenographers,  salaries  uf  and  how  and  when  paid,  p.  302, 

§  475. 
Deputies   are   civil   executive   officers,    p.    302,  5  472. 
Deputies  of,   enumerated,   p.   302,  }  472. 

Deputies,  salaries  of,  and  time  and  manner  of  payment  of,  p.   302,  S  472. 
Duty  to  prepare  forms  of  questions  or  propositions   for  ballots,  p.   366,  }  1197, 

subd.   3. 
Has  charge  of  legal  matters  of  state  except  for  certain  boards,  p.  302,  I  472. 
Investment    company,   action   by   to  withdraw  deposit,   to  defend,   p.   321,  S  6.3.')i 
Investment    companies,    duty    of    attorney    general    when    deficiency    of    assets. 

p.    32rt,  §  G.T.'-.i. 
Investment   company,    duty   on    receiving   notice   of    noncompliance    with    statute. 

p.   321,  §  635d. 
Investment  companies,  duty   to  examine   into,  p.   323,  {  635i. 
Public  utility  act,   duty  to  aid  in   enforcement,   p.   1785,   Act  2886,  J  72. 
Special   counsel,   officers  of  state  not   to  employ  except  with   consent  of,  p.  302. 

§  472. 
Special    counsel,    may    employ    on    disiiunlification    of    district    attorney,    p.    302. 

§  472. 
Special  counsel,  power  to  employ,  p.  302.  S  472.  ' 

Unfair  competition,  duty  in  case  of,  p.  2233,  Act  4207a. 

AUBURN. 

County  seat  of  Placer  county,  p.  563,  §  3924. 

AUDITOR. 

Certificate  of  recjuired  before  treasurer  receives  money,  p.   593,  J  4102. 
Consolidation   of   offices   of   auditor   and   recorder,   p.   571,  §4017. 
Consolidation   of   offices   of   coiinty    clerk   and   auditor,   p.   571.  {  4017. 
Consolidation  of  offices   of  county  clerk,    auditor    and    recorder,    p.    571,  j^Ol". 
County  clerk  to  supply  auditor  with  commitments  to  public  institutions,  p.  1056, 

Act   831. 
County  officer,   is,  p.   570,  §  4013. 
Moneys    due    state    for   commitments    to    Home    for    Feeble-minded,    duty    as    to, 

p.   482,  §  2193. 


INDEX.  2377 

AUDITOR    (Continued). 

Monthly  count  of  money  in   treasury,   p.   592,  §  4097. 
Particular  county,  of.      See  particular  county. 

Report  on   firemen's   relief   and  pension   fund,   p.    1169,   Act    1173. 
Settlement    with   (lel)fors   of   counties,   p.    591,  §  4093. 

AUTOMOBILE   INSURANCE.      Provisions   as   to,   p.    308,  §  394,    subd.    14;    p.    309, 
§  394.  subd.  16. 

AUTOMOBILES. 

Act   of  1913  regulating  use  and  operation  of,  p.   1496,  Act  2331a. 

Bonus    or    discount    for   purchase    of    supplies    or   for   work   or    repair,    p.    149G, 

Act   2331a. 
Collision,   duty  of  driver  in   case  of,  p.  201,  §  367c. 

Collision,   failure  of  driver  to  assist   in   case  of,   punishment,   p.   201,  §  367c. 
Disposition  of  fines,   fees  or  forfeitures,  p.   1496,  Act  2331a. 
Driving  automobile  while  intoxicated,   punishment   of,   p.  202,  §  367d. 
Intoxicated   driver  injuring  person,   punishment   of,   p.   202,  §  367e. 
License,  p.    1496,   Act  2331a. 

Liens  of  keepers  of  garages   for   services,   p.    183,  §  3051. 
Operation    of    machines    on    public    highways    by    certain    persons    prohibited, 

p.  1496,  Act  2331a. 
Possession  and  use  of  without  consent  of  owner  prohibited,  p.  1496,  Act  2331a. 
Registration   and  identification   of,  p.   1496,   Act  2331a. 
Registration   fees,  p.   1496,   Act   2331a. 
Repeal  of  act  of  1905  regulating  the  operation  of,  p.  1496,  Act  2331. 

AUTO   STAGE   LINES. 

Fixing  rates  for,  p.   1752,   Act   2886,  §  33, 

B 

BAGGAGE. 

Bicycle  carried  as  luggage  need  not  be  crated,  p.  174,  §  2181. 

Bicycles,   passenger   not   entitled   to    carry   more   than   one    as   luggage,    p.    174, 

§"2181. 
Defined,  p.  174,  §  2181. 

Samples,   wares,    etc.,   of   commercial   traveler,   p.    174,  §  2181. 
What  includes,  p.  174,  §  2181. 

BAILMENTS. 

Lien   on  personalty  for  services  performed  on,   p.   183,  §  3051. 

BAKERSFIELD. 

Highway  between  and  San  Buenaventura  declared  to  be  state  highway,  p.  1230, 
Act  1457h. 

BALBOA   PARK. 

San  Diego,  granted  for  use  of  exposition,  p.  1158,  Act  1093a. 

BALLOTS.      See  Elections. 

BANKING  CORPORATIONS. 

Capital  stock  required  in  cities  of  more  than  5,000  and  less  than  25,000,  p.  112, 
§  290a,  subd.  b. 


2378 


INDEX. 


BANKING  CORPORATIONS   (Continued). 

Capital   stock  required  in  cities  of  more  than  25,000  and  less   100,000,  p.   112, 

§  290a,   Bubd.   c. 
Capital   stock   required   in   cities   of   more   than    100,000  and  less   than   200,000, 

p.   112,  I  290a,   Bubd.  d. 
Capital  stock  required  in  cities  over  200,000,  p.   112,  §  290a,   Bubd.  e. 
Capital  stock  required  in  cities  of  less  than  5,000,  p.  112,  {  290a,  subd.  a. 
Capital    stock    required    in    cities    of    more    than    5,000    and    less    tkan    100,000, 

p.   112,  §  290a,   subd.  h. 
Capital  stock  required  in  cities  more  than  10,000  and  more  than  25,000,  p.  112, 

§  290a,   subd.  c. 
Population,    how    ascertained    in    determining    capital    stock    required,    p.    112, 

§  290a,   subd.   e. 
Population,   how  determined  where  principal  place  of  business  is  outside  city, 

p.    1  12,  §  290a,   subd.  e. 

BANKRUPTCY. 

Costs  and  disburBements,  allowance  of  in,  p.  860,  Act  283. 

BAITKS  AND  BANKING. 

Action  under  bank  act,  court  of  county  of  principal  place  of  bnsiness  has  exclu- 
sive jurisdiction,   p.  927,   Act   297,  §  136b. 
Action   under  bank  act,   no  dnmnpes  to  be  awarded,   p.  927,   Act  297,  5  136b. 
Action    under  bank,    tried   and    determined   according   to   cod«,    p.    927,    Act   297, 

§  136b. 
Action  under  bank  act,   what   proceedings   and   papers   made   part    of   record   of, 

p.  927,  Act  297,  §  136b. 
Act  to  be  known  as  "bank  act,"  p.  861,   Act  297,  {  1. 
Advertising  as   a   bank,   penalties   and   remedy    for   Tiolation   of   statute    relating 

to,   p.   868,   Act   297,  §  12a. 
Advertising  as  a  bank,  prerequisites  to,  p.   867,   Act  297,  }  12a. 
Advertising  capital,   resources,   liabilities,   etc.,  provision  as  to,  p.   869,   Act  297, 

§  14. 
Advertising  or  doing  business  as  a  bank,  p.  866,  Act  297,  {  12. 
Advertisements,    stationery,   etc.,    to   show   character   of   banking   business   done, 

p.   878,   Act   297,  §  28. 
Affidavit,   certified   copy   of,   filing  of  before   certificate   issued,   p.    864.    Act    297, 

§  8. 
Articles  of  incorporation,   filing  certified  copy  of   with   superintendent  of  banks, 

p.   864,   Act   297,  §  8. 
Bad  debts,  what  debts  are,  p.  875,  Act   297,  §  21a. 
Bank   ceasing  to  exist,   deposits  or  dividends,   unclaimed,   disposition   of,   p.   927, 

Act  297,  §  136a. 
Bank   ceasing   to   exist,   authority   of   superintendent    of   banks   as   to   and   rights 

of  bank,  p.  927,   Act  297.  §  136a. 
Bank  ceasing  to  exist,  liquidation  of  afTiiirs  of,  p.  027,  Act   297,  §  136a. 
"Bank,"   definition    of,   p.    861,    Act    297.  §  2. 

Banking   to  be  done  only  by  corporations  duly  organized,   p.   861,   Act  297,  J  2. 
Banking,  what  deemed  to  be,   p.   861,   Act  297,  §  2. 
Board    of    directors    of    bank,    duty    to    examine    into    affairs    of    bank,    p.    928, 

Act  297,  §  139. 
Bonds,  investigation  of  by  superintendent  of  banks,  p.  895,  Act  297.  §  61a. 
Borrowed  money,  public  moneys  deposited  with  are   not,  p.   874,   Act  297,  5  21*. 


INDEX.  2379 

BANKS  AND   BANKING   (Continued). 

Borrowing  money   and  pledging  assets,   right  of,  p.   874,   Act  297,  §  21a. 

Branch  oflices,   opening  of,   p.   865,   Act  297,  §  9. 

Building  and   loan  associations  exempted  from  provisions  of  banli  act,  p.   868, 

Act   297,  §  12a. 
Building  and  loan  association,   not  to  advertise  itself  as  savings  bank,   p.   867, 

Act   297,  §  12. 
Building  and  loan  association,  provisions  of  banking  law  do  not  apply  to,  p.  867, 

Act  297,  i  12,  p.  868,  §  12a. 
Business  of  banking  to  be  transacted  under  bank  act,  p.  868,  Act  297,  §  12a. 
Business,  proceedings  where  bank  is  doing  dangerous  or  unsafe,  p.  920,  Act  297, 

§  134. 
By-laws,  filing  certified  copy  of  with  superintendent  of  banks,  p.  864,  Act  297, 

§  8. 
Capital  and  assets  are  security  to  depositors  and  stockholders,  p.  874,  Act  297, 

§  21. 
Capital,  impairment  of,  asse.ssment  and  sale  of  stock  in  case  of,  p.  919,  Act  297, 

§  133. 
Capital,  impairment  of,  powers  and  duties  of  superintendent  of  banks,  p.  919, 

Act  297,  §  153. 
Capital   stock   of   commercial   banks,  p.   902,   Act  297,  §  82. 
Capital   stock,   of   savings  banks,   p.   888,  Act  297,  §  60. 
Capital   stock   paid  in,  must  have,  p.  868,  Act  297,  §  12a. 
Capital  stock,  paid-up  value  to  be  indorsed  on,  p.  885,  Act  297,  §  53. 
Capital   stock,   par  value  of,  p.   885,  Act  297,  §  53. 
Certiticate  obtained  from  superintendent  of  banks,  posting  of,  p.  885,  Act  297, 

§  50. 
Certificates  of  deposit,  partial  payments  not  to  be  made  on,  p.   875,   Act  297, 

§  21a. 
Certificate   to   do    business    by    superintendent   necessary   before    banks   do   busi- 
ness, p.  916,   Act  297,  §  127. 
Certificate  to  do  business,  examination  as  to  capital  and  surplus  before  issuing, 

p.  916,  Act  297,  §  127. 
Certificate   to  do  business,   examination   as  to   character  of   stockholders   before 

issuing,   p.   916,    Act   297,  §  128. 
Certificate    to    do    business,    filing    duplicates    in    county    of    principal    place     of 

business   and   in    superintendent's   office,    p.   916,    Act    297,  §  128. 
Certificate  to  do  business,  superintendent  may  withhold,  when,  p.  916,  Act  297, 

§  127. 
Certificate   to  do  business,   withholding  where  name   similar  to  name  of  another 

bank,   p.  916,   Act   297,  §  127. 
Checks,   certified,   amount  to  be  charged  against  account,  p.  885,  Act  297,  §  52. 
Checks,   certified,  not  to  be  certified  unless  drawer  has  amount  on  deposit  equal 

to  check,  p.  885,  Act  297,  §  52. 
Checks,  certified,  violation  of  statute  relating  to  a  felony,  p.  885,  Act  297,  §  52. 
Claim  against  bank,  action  on  when  to  be  brought,  p.  923,  Act  297,  §  136. 
Claims  against  bank,  distribution  of  assets  amongst  claimants,  p.   923,   Act  297, 

§  136. 
Claims   against   bank,   lists  of,  making  and  filing  of,  p.   923.   Act  297,  §  136. 
Claims  against  banks,   lists  of,  open   to   inspection,   p.   924,   Act   297,  §  136. 
Claims   against   banks,   objections   to,   p.   924,   Act   297,  §  136. 
Claims   against   banks,   presentation   of,   p.   923,   Act   297,  §  136. 


2380  INDEX. 

BANKS  AND  BANKING  (Continued). 

Claims,  liens  or  rharges  against  bank  after  saperintendent  of  banking  has  tak«n 

possession,  p.  921,   Art  297.  §  1.36. 
Classes  of  banks,  p.  861,  Act  297,  i  2. 
Combinations   of   savings   and   commercial    banks    and   trust   companies,    p.    87^, 

Act  297,  !  22. 
Commercial  banks,   building,   furniture,    fixtures,    vaults,   etc.,   amonnt   that   may 

be  invested  in,  p.  904,   Act  297,  }  84. 
Commercial  banks,  buildings,   investment  in,  two-thirds  vote  of  directors  neces- 
sary, p.  904,  Act  297,  S  84. 
Commercial   banks,   capital  stock  of,  p.  902,  Act  297,  §  82.      See,   also,  Bankin,; 

Corporations. 
Commercial  banks,   limit  on  loans  by,  p.   001.   Act  297,  I  80. 
Commercial   banks,    loans   by,   regulation    i>f,   p.    901,    Act   297,  {  80. 
Commercial   banks,   loans  on  real  estate  by,  regulations  as  to,  p.  864,  Act  297. 

§  47. 
Commercial  banks,  loans  to  ofRcers,  agents  or  employees,  regulations  gorernin^-. 

p.   903,   Act   297,  §  83. 
Commercial   banks,    loans   to   officers,    agents   or   employees,   violation   of   regula- 
tions governing,  punishment  for,  p.   903.  Act  297,  i  83. 
Commercial  banks  not  to  advertise  or  receive  deposits  as  savings  banks,  p.  884, 

Act   297,  §  49. 
Commercial   banks,   reserves  required  of,   p.   873,   Art   297.  t  20. 
Commercial   bank  violating  provivion   as  to  advertising  or  receiving  deposits  ai 

savings   banks,    penalty,   p.    884,    Art    297.  }  -19. 
Consolidation   of  banks,  p.   879,  Act   297,  S  3Ia. 
Corporations,  to  what,   act   applicable,  p.  861,   Act   297,  9  1. 
Debts,    creation    of,    receiving    deposits,    issuing   certificates   of   deposits,    checks, 

etc.,  is  not,  p.   887.  Act   297,  5  55. 
Definition  of   "bank."   p.  861,  Act   297,  i  2. 
Departmental    banks,    assets    of    departments    to    be    peserved    for    departmental 

depositors  and  creditors,  p.  878.  Act  297,  S  27. 
Departmental    banks,    capital    and    surplus,    segregation    and    apporliunment    of 

and  change  of,   p.   875,   Art   297,  {  23. 
Departmental   banks,   capital,   increase  of,  p.   875,   Act  297,  i  23. 
Departmental   banks,   capital    stock,    increase   or   decrease   of,    p.    877,    Act    297, 

§  23,   subd.  e. 
Departmental   banks,   capital    stock    required   of,    p.    875,    Act    297,  {  23. 
Dopartmental   banks,    interchange    of    deposits,    bonds,    securities,    etc.,    between 

departments,  p.  877,   Act   297,  §  25. 
Departmental    banks,    reserves,    p.    877,    .\ct   297,  S  25. 
Departmental   banks,   what    necessary   before   doing   business,    p.    875,    Act    U'.'T, 

§23. 
Department,  new,  opening  of,  procedure  and  fee,  p.  877,  Act  297,  S  24. 
Depositary  of  funds  of  bank,  designation  of,   p.   883.   Act   297.  {  43. 
Deposit    of   funds  in   another  bank,   right  of.  p.   883.  Act  297.  S  43. 
Deposit   of   state  funds  in  banks,  p.  2231,  Act  4134. 
Depositors  have  priority  over  stockholders,  p.  874,   Act  297,  J  21. 
Deposits    of    decedents    in    savings    banks.      See    Estates    of    Decedents:    rul'i.- 

Administrators. 
Deposits  by  decedents  under   five  hundred  dollars,    withdrawing  without    adnn 

istration,  p.   S71.   Act  297,  §  16. 
Deposits  by  infants,   p.   871,   Act   297,  J  16. 


11 


INDEX.  2381 

BANKS  AND  BANKING  (Continued). 

'  Deposits   by   married  women,   p.   871,  Act  297,  §  16. 
Deposits   in    trust   in,  p.   871,   Act  297,  §  16. 
Deposits,   joint,   p.    871,   Act  297,  §  16. 

Deposits,   time  of,  what  deemed  to  be,  p.  869,  Aft  297,  §  15. 
Deposits   unclaimed   for   twenty   years,   dejjosit    of  with   state    treasurer,    p.    869, 

Act  297,  §  1.5. 
Deposits  unclaimed  in  hands  of  superintendent  of  banks,  disposition  of,  p.  926,- 

Act   297,  §  136. 
Deposits  unclaimed,  statements  as  to,  p.  869,  Act  297,  §  15. 
Directors,    loans  to  by   commercial   banks,   p.   90.3,   Act  297,  §  83. 
Directors,   meeting  of,  p.  866,  Act  297,  §  11. 
Directors  not   to  become  obligors  for  loans  by  bank,   section   repealed,  p.    831, 

Act  297,  §  33. 
Directors,   oath  of,  p.  866,  Act  297,  §  11. 
Directors,   overdrawing  account  or  receiving  benefit  for  procuring  loan,  etc.,   a 

felony,  p.   882,   Act  297,  §  39.  ' 

Directors,   qualifications  of,  p.   865,  Act  297,  §  10. 
Directors,   report  by,   what  to  show,   p.   929,   Act  297,  §  139. 
Directors,    report,    duty    to    make    and    power    of    superintendent   of    banks    on 

failure  to  make,  p.  929,  Act  297,  §  139. 
Directors,  transfer  of  mortgage  of  or  contract  for  sale  of  realty  to  bank,  p.  882, 

Act   297,  §  35. 
Dissolution  of  banks,  dividends,  uncalled  for,  payment  into  county  treasury  and 

discharge   of  receiver,   p.   927,   Act  297,  §  137. 
Dissolution    of    banks,    escheat    of    moneys    deposited    with    state    treasurer    and 

uncalled  for,  p.  928,  Act  297,  §  137. 
Dissolution   of   banks,   funds,   payment   of   into   state    treasury   after   five    years, 

p.  928,  Act  297.  §  137. 
Dissolution   of   banks,    furnishing    county    treasurer   with   list   of    depositors    or 

claimants,  p.  928,  Act  297,  §  137. 
Dissolution  of  banks,  investment  of  moneys  deposited  in  state  treasury,  p.  928, 

Act  297,  §  137. 
Dissolution  of  banks,  list  of  depositors,  furnishing  to  countv  treasurers,  p.  928, 

Act  297,  §  137. 
Dissolution  of  banks,  payments  of  escheated  money  to  state  treasurer  by  county 

treasurer,   p.   928,   Act   297,  §  137. 
Dissolution  of  banks,   procedure,  p.   927,   Act  297,  §  137. 
Dissolution   of  banks,    right  of,  p.   927,   Act  297,  §  137. 
Dissolution    of    bank,    superintendent    of    banks    may    bring    action    for,    when, 

p.   920,  Act  297,  §  135a. 
Dissolution    of   banks,    withdrawal    of    moneys    deposited   with    state   or   county 

treasurer,  p.  928,  Act  297,  §  137,  subd.  4. 
Dividends,   declaring,   p.    874,   Act    297,  §  21. 

Dividends,    declaring  by  superintendent   of  banks,  p.   924,   Act   297,  §  136. 
Dividends  unclaimed,  disposition  of  by  superintendent  of  banks,  p.  926,  Act  297, 

§  136. 
Doing  business  as  a  bank,  prohibition   as  to,  p.   866,   Act  297,  §  12. 
Foreign  banking  corporations,  right  to  do  business,  p.  862,  Act  297,  §  7. 
Foreign  corporations,  not  affected  by  provisions  of  bank  act,  p.  869,  Act  297, 

§  12c. 
Formation   of   banks,    any   number   of   persons    not   less    than    three    may   form, 

p.  862,   Act  297,  §  3. 


2382  INDEX. 

BANKS  AND   BANKING   (Continued). 

Funds  may  be  in  veiled  in  bonds  of  reclamation  district,  p.  534,  {  3480;  p.  1847, 

Act  17r;2b,  §  7. 
Inspection    and   examination   of   banks,    agencies   of   foreign   banks,    examination 

of,   p.  915,   Act   297,  5  124. 
Inspection    and    examination    of    banks,    appraifiement    of    securities    of    donbtfal 

value,  p.  915,  Act  297.  §  124. 
Inspection    and   examination   of   banks,    auditor,    appointment    of   to    make   audit, 

p.   915,   Act    297,  S  124. 
Inspection  and  examination  of  banks,  powers  and  duties  in  relation  to,  p.  915, 

Act  297,  §  124. 
Inspection   and  examination  of  title  insurance   companies.      See  Title   Insurance 

Companies. 
Inspection   and   examination   of   trust   companies.      See   Trust   Oompanies. 
Investments   before   passage   of  bank   act.   how   affected,   p.   929,   Act   297,  |  145. 
Life  insurance  companies,  bankini:  act  does  not  apply  to.  p.  869,  Act  297,  {  12b. 
Loans  on  stock  uf  another  bank,  restrictions  as  to,  p.  883,  Act  297,  S  44. 
Losses,   charging   to.   p.   874,   Act   297.  5  21. 
Misdemeanor,    violating  provisirms   of  bank   act   in   relation   to   adTertising  M   ft 

bank,   p.   866,   Act  297,  §  12a. 
National  banks,  expense  of  examination   to  be  paid  by  banks,  p.   884,   Act  297, 

S  48. 
National   banks   receiving   deposits   to   submit    to   examination,   p.   884,    Act    297, 

§48. 
National    banks,   refusal    to    submit   to    examination,    deposits   hj   state   banks   t« 

be   withdrawn    from,   p.   884,   Act   297,  J  48. 
National  reserve  association,  banks  authorized  to  join  or  associate  with,  p.  887, 

Act  297,  5  56. 
National  reserve   association,   bank  joining  may  conform   business   to  provisiont 

of  act  of  Congress  creating  it.  p.  887,  Act  297,  5  56. 
National  reserve  association,   right  of  banks   to  invest   in   stock  of,   p.   887,   Act 

297,  §  56. 
Notes  or  bonds,   sale   of   to   bank  by  officer,   employee  or  stockholder,   •   felony, 

p.   882,   Act  297,  5  ^^■ 
Officer,   agent  or  employee  not   to  purchase  asset!  at  discount,  p.   883,   Act  297, 

§  42. 
Ofliccr,    iifrent    or    employee    not    to    purchase    obligations    at    discount,    p.    888, 

Act    JOT,  §  41. 
Officer,   agent   or  employee  overdrawing  account  by,   a   felony,  p.   882,   Act   297, 

§  39. 
Officer,    agent    or    employee    purchasing    assets    at    discount,    penalty,    p.    883, 

Act   297,  §  42. 
Officer,    agent    or    employee    purchasing    obligations    at    discount,    penalty    for, 

p.  883,   Act  297,  §  41. 
Officer,    agent    or   employee,    receiving   reward    for    procuring   loan    or   accommo- 
dation, a   felony,  p.  882,  Act  297,  §  39. 
Officers   or   employees   not   to   become   borrowers  or   obligors,    repeal   of   aection, 

p.  881,   Act   297,  §  33. 
Officer  or  employee  overdrawing  account  or  receiving  benefit  for  procuring  loan, 

etc.,  a  felony,  p.  882,  Act  297,  §  39. 
Officer  or  employee,  transfer  of  mortgage  or  contract  for  sale  of  realty  to  bank, 

p.   882,   Act   297.  S  35. 


INDEX.  2383 

BANKS  AND   BANKING   (Continued). 

Otllci'is    <ir   t'uipluyees    violating   provisions   of   statute    against   borrower,    etc.,    a 

misdemeanor,  p.  881,   Act  297,  §  33. 
Officers,  provision  as  to  borrowing  funds  repealed,  p.  881,  Act  297,  §  33. 
Overdrafts    of    over    ninety    days    not    allowed    to    stand    as    an    asset,    p.    874, 

Act   297,  §  21a. 
Partnership,   list   of  partners,   provision   as  to  repealed,  p.   872,   Act  297,  §  18. 
Penalties   for   violation   of   banking  act,   p.   868,    Act   297,  §  12a. 
"Personal   property,"  meaning  of,  p.  887,  Act  297,  §  55. 
Powers,    privileges,    duties    and    restrictions    conferred    on    banks,    enlargement, 

modification  or  restriction  of  to  conform  to  bank  act,  p.   929,  Act  297,  §  145. 
Preferences  not  to  be  given  to  depositors  or  creditors  by  pledging  assets,  p.  874, 

Act  297,  §  21a. 
Provisions  of  bank  act  apply  equally  to  all  bank  corporations,  p.  929,  Act  297, 

§  145. 
"Real  estate"  or  "real  property,"  meaning  of,  p.  887,  Act  297,  §  55. 
Real    estate   purchased   by,   purchase    of    by   third    persons,    procedure,    p.    885, 

Act  297,  §  54. 
Real  estate     purchased  by,  to  be  sold  within  five  years,  p.   885,  Act  297,  §  54. 
Real   estate   purchased,  right  of  third  person  to  purchase,  p.  885,  Act  297,  §  54. 
Real  estate,  writing  down  of  the  value  of  by  superintendent  of  banks,  p.   885, 

Act  297,  §  54. 
Report  to  superintendent  of  banks  by  foreign  banks,  p.   918,   Act   297,  §  130. 
Report  to  superintendent  of  banks,  penalty  for  failure  to  make,  p.  928,  Act  297, 

§  138. 
Report  to  superintendent  of  banks,   special  reports,  p.  918,   Act  297,  §  130a. 
Reports  to  superintendent  of   banks,   three   to  be  made  each   year,   p.   918,   Act 

297,  §  131. 
Report  to  superintendent  of  banks,  verification  of,  p.  917,  Act  297,  §  130. 
Report   to   superintendent   of  banks,  what   to   show,  p.   917,   Act  297,  §  130. 
Reports   to  superintendent  of   banks,    when    to   make,   p.    917,   Act   297,  §  130. 
Reserve  falling  below  requirements,   proceedings,  p.   873,   Act  297,  §  20. 
Reserves  required  of  banks,  p.  873,   Act  297,  §  20. 
Resumption    of    business   by   bank    after   superintendent   has    taken    possession, 

p.   921,   Act  297,  §  136. 
Sale  of  business,   right  of  and  procedure,  p.   878,   Act  297,  §  31. 
Sale   of  business,    rights   of   creditors,   p.   878,   Act   297,  §  31. 
Savings  banks,  assets  a  security  to  depositors,  p.  896,  Act  297,  §  64. 
Savings   banks,   bonds   or  notes   of   public   utility   commission,   right   to  purchase 

or  loan  money   on,   p.    894,   Act   297,  §  61. 
Savings  banks,   capital   stock,  increase  or  decrease  of,  p.  888,  Act  297,  §  60. 
Savings    banks,    capital    stock    of,    p.    888,    Act    297,  §  60.      See,    also.    Savings 

Banks. 
Savings  banks,  deposits,  notice  of  intention  to  withdraw,  p.  896,  Act  297,  §  64. 
Savings  banks,   deposits  of  decedents    in,     authority    of    public    administrator, 

p.   900,   Act   297,  §  68%. 
Savings   banks,    deposits   of   decedent  in  may  remain  in,  p.  900,  Act  297,  §  68%. 
Savings   banks,    deposits,   receiving  from  other  banks,  p.  900,   Act  297,  §  68. 
Savings  banks,   deposits,    time    and    condition    of    repayments,    p.    896,    Act    297, 

§  64. 
Savings   banks,    deposits  with  other  banks  not  loans,  p.  900,  Act  297,  §  68. 
Savings  banks,   deposits   with   other  banks,   power   to   make,    p.    900,   Act   297, 

§  68. 


2384 


INDEX. 


BANKS  AND   BANKING   (Continued). 

Savinfcs   banks,    investments   made  prior  not   affected,   p.   898.   Act   297.  S  66. 
Savings  banks,    investments,  -what  property  may  invest  in,  p.  898.  Act  297,  5  67. 
Savings  banks,   loans,   indorser  or  guarantor  deemed  to  be  a  borrower,  p.   898, 

Act   297,  §  66. 
Savings   banks,    loans,   limit   on   amount   of,   p.   898,   Act   297.  5  6-t. 
Savings  banks,    loans   or  investments   in   violation   of   statute   »   felony,   p.   899, 

Act   297,  §  67.    subd.   5. 
Savings   banks,    loans  or  investments  not  to  be  made  where  calls  exceed  deposit! 

available,   p.   896,   Act   297,  §  65. 
Savings  banks,   loans,    renewals   not    affected   by    provisions    of    statute,    p.    898, 

Act   297,  5  66. 
Savings  banks,   loans    to    officers    or   employees    in    violation   of   statute,    penalty 

for,   p.   897,   Act   297,  i  65. 
Savings   banks,    loans    to    officers    or    employees,    regulations    governing,    p.    897, 

Act  297,  §  65. 
Savings  banks,   loans,    what   realty   or   personalty  may   loan   money   on,   p.    898, 

Act   297,  §  67. 
Savings  banks,  losses  may  be  charged  to  and  paid  out  of  reserve  fund,  p.  896, 

Act  297,  §  64. 
Savings  banks,    paid-up   capital    and    surplus,    amount    of   required,    p.    872,    Act 

297,  §  19. 
Savings   banks,    paying   depositors    by    drafts    upon    deposits    and    charging    cur- 
rent rates  of  exchange,  p.   896,   Act   297,  }  62. 
Savings  banks,   personal   property,   puwor  to   deal  in,   p.  889,   Act   297,  S  61- 
Savings   bank,   personal  property,   what   may   be   purchaaed  or  held  by,   p.   889, 

Act  297,  §  61. 
Savings   banks,   property,   what   may  be  purchased  or  held  by,  p.   889,  Act  297, 

§  61. 
Savings  banks,   real   property,   power  to   deal  in,  p.   896,   Act  297,  $  62. 
Savings  banks,  real   property,    what    may    be    purchased    and    held    by,    p.    889, 

Act  297,  5  61. 
Savings   banks,    reserves,   amount   of,   p.   9l)0.    Act    297.  S  68. 
Savings   banks,    reserves,  how  kept,  p.  900,  Act  297,  §  68. 
Savings   banks,    reserves,  larger  may  be  created,  p.  896,  Act  297,  S  64. 
Savings  banks,      reserves,    new    loans    not    to    be    mad*    during    deficiency    in, 

p.   900,   Act    297,  §  68. 
Savings  banks,   right   to   borrow   money  or  hypothecate   securities,    p.    896,    Act 

297,  §  62. 
Savings  banks,   right  to  borrow  public  moneys,  p.  896,  Act  297,  S  62. 
Savings  bank,  unlawful  for  commercial  banks  to  advertise  as,  p.  884,   Act  297, 

§  49. 
Savings   banks  without    capital   stock,    dividends,    amount    to    be    carried    to    re- 
serve before   declaring,   p.   876.   Act   297,  §  64. 
Savings  banks,   without   capital   stock,    reserve   of,   p.   888,    Act  297,  S  60. 
Savings   banks   without   capital   stuck,    reserve,   excess,   disposal   of,  p.    896,    Act 

297.  §  64. 
Savings   bank  without   capital  stock,  reserve  or  balance,  disposal  of  on  dissolu- 
tion,  p.   896,   Act    297,  §  64. 
Schools,   savings  banks  in,   p.   865,   Act  297.  §  9. 
State   banking  department,  creation  of,  p.  91. S,   Act  297.  §  120. 
State   banking   fund,    contributions   to   by   banks,   p.   914,    Act  297,  |  123. 
State   banking   fund,    creation   of,   p.   914,    Act   297,  §  123. 


INDEX.  2385 

BANKS  AND   BANKING   (Continued). 

State   bunkijig  fund,   expenses  of  banking  department  paid  out  of,   p.  914,   Act 

297,  §  123. 
State  banking  fund,  moneys  received  for  deposited  in  state  treasury  to  credit  of, 

p.   914,   Act  297,  §  123. 
State  banking   fund,   unexpended  balances  become  part  of  fund,  p.  914,  Act  297, 

§  123. 
Statement  of  resources  and  liabilities,  what  to   show,   p.   869,   Act  297,  §  14. 
Stock,    bank    purchasing    its    own,    stock    to    be    sold   within   what    time,    p.    882, 

Act   297,  §  37. 
Stock,    capital,   of   savings  banks,   p.   888,   Act   297,  §60;   p.   902,   Act  297,  §  82. 
Stock,   capital,  par  value  of,  p.  885,  Act  297,  §  53. 

Stock,   capital,   paid  up,  value  to  be  indorsed  on,  p.  885,  Act  297,  §  53. 
Stock,   loans  upon   its  own,   provision  as  to,  p.   882,   Act   297,  §  34. 
Stock,   preferred,  banks  not   to  have,   p.   885,   Act  297,  §  53. 
Stock,   purchase  of  or  investment  in  its  own,  provision  as  to,  p.  882,  Act  297, 

§§  34,   37. 
Stock,  violation   of   provision   as   to   purchase   of   or   loan    upon    its    own    stock, 

penalty  for,  p.   882,   Act   297,  §§  34,   37. 
Stockholders,   limitatiou  of  actions  against  by  superintendent   of  bank,   p.   922, 

Act   297,  §  136. 
Stockholders'  meeting,  calling  of  by  superintendent  of  banks,  p.  920,  Act  297, 

§  135. 
Superintendent  of  banks,    appointment    and    term    of    office,    p.    913,    Act    297, 

§  120. 
Superintendent  of  banks,   authority   of   where  bank  ceases   to   do  business   and 

rights  of  bank,  p.  927,  Act  297,  §  136a. 
Superintendent   of  banks,  chief  deputy  or  examiner  not  to  be  borrowers,  p.  913, 

Act   297,  §  121. 
Superintendent  of  banks,    chief   deputy   of,    qualifications   of,    p.    913,   Act   297, 

§  121. 
Superintendent   of  banks,    chief   deputy,   powers   and   duty   in   absence   of   super- 
intendent,  inability  or  vacancy,  p.  913,   Act  297,  §  121. 
Superintendent   of   banks,  chief  deputy,  salary  and  oath,  p.  913,  Act  297,  §  121. 
Superintendent  of  banks,    chief    officer    of    state    banking    department,    p.    913, 

Act   297,  §  120. 
Superintendent   of   banks,    employees   of    enumerated,   p.    913,    Act    297,  §  121. 
Superintendent   of  banks,    employees    of,    limit    upon    expenditures    for,    p.    913, 

Act    297,  §  121. 
Superintendent  of  banks,   employees  of  not  to  be  interested  in  banks,  p.   913, 

Act  297,  §  121. 
Superintendent  of  banks,   employees   of,    salaries   of,   p.   913,   Act   297,  I  121. 
Superintendent  of  banks  may  take  possession  of  bank,  when,  p.  921,  Act  297, 

§  136. 
Superintendent  of  banks,  neglect  by,  provision  as  to  repealed,  p.  929,  Act  297, 

§  143. 
Superintendent  of  banks,   not  to  be   interested  in  any  bank,   p.   913,    Act  297, 

§  120. 
Superintendent  of  banks,   oath  and  bond  of,  p.   913,  Act  297,  §  120. 
Superintendent   of  banks,   salary  of,  p.  913,  Act  297,  §  120. 
Superintendent   of  banks    taking    possession    of    bank,    powers    and    duties    of, 

p.   921,   Act   297,  §  136.     • 

150 


2386  INDEX. 

BANKS  AND   BANKING   f Continued). 

Superintendent   of   banks   taking  possession,   right   of  bank  to   apply  to   superior 

court  to   enjoin,   p.   925,    Act  297,  §  136. 
Surplus,  charging  losses  to,  p.  874,  Act  297,  §  21. 

Surplus,   converting  into   paid-up   capital   stock,   p.   874,   Act  297,  S  21. 
Surplus,  larger,   creation  of,  p.   874,   Act  297,  §  21. 
Taxation   of   hanks   for  benefit  of   state,    p.   21. "il.   Act   4065. 
Title  insurance  companies.      See  Title  Insurance  Companies. 
Trust  companies.      See  Trust  Companies. 
Trust  companies    doing    title    insurance    business   not    to    do    banking   business, 

p.   875,  Act  297,  §  22. 
Trust   funds   not   to  he  counted  as  part  of  reserve  of  bank,  p.  881,  Act  297,  §  32. 
Trust  funds  not  to  be  mingled  with  other  assets  of  bank,  p.  881,  Act  297,  §  32. 
Trust   funds,   violation   ot  provision   as   to   mingling   a   felony,   p.   881,    Act   297, 

S  32. 
Unincorporated,   provision   as   to  repealed,   p.   869,   Act  297,  §  13. 
Violation  of  law  by  bank,   proceedings  in   case  of,  p.  920.   Act   297,  S  134. 
Who   subject   to   provisions  of   bank   act,  p.   867,   Act   297,  §  12a. 

BAR. 

Dismissal  of  indictment  or  information  as,  p.   239,  {  1008. 

BASS.     See  Game  Laws. 

BASTARDS.      See  Legitimacy. 

BATHERS. 

Duty  of  keepers  of  watering  resorts  to  provide  for  safety  of,  p.  2344,  Act  4369a. 

BEAR  FLAG. 

Adopted  as  state  flag,  p.   1169,  Act   1199. 

Monument    *o    commemorate    raising    of    in    Sonoma    City,    appropriation    for, 
p.   1953,   Act   3706. 

BEAVER.      See  Game  Laws. 

BENEFIT  ASSOCIATIONS.      See  Benefit   Societies;   Mutual  Benefit   Associations. 

BENEFIT  SOCIETIES. 

Authorized  to   purchase,  hold  and  manage  real  estate,  p.  2235,  Art  4208. 
Authorized   to   purchase,    receive,    manage    and    sell    real    estate,    without    incor- 
porating, p.   945,   Act   314. 
Organization  of,  regulation   of,  p.   946,   Act   315. 
Regulation  and  control  of  fraternal  benefit   societies,  p.  930,   Kct  313. 

BENEVOLENT   CORPORATIONS.      See   Religious,    Social   and    Benevolent   Corpora- 
tions. 

BERKELEY. 

Charter  of,  p.  948,   Act   332. 

Tide  lands  granted  to,   p.  948,  Act  331. 

BETTING.      See   Gambling. 

BICYCLE.      See  Baggage. 


INDEX.  2387 

SILL  or  EXCEPTIONS. 

Ameiidmeiits   tu,   if  none  prepared,  bill  may  be  presented  without  notice,  p.  30, 

§  650. 
^Amerdnieiits   to,  time  to  prepare  and  serve,  p.   30,  §  650. 
Decision  by  tribunal   other  than   a  judge,  presentment,   settlement  and  signing, 

p.  29,  §  649. 
Decision   other   than  by  judicial   officer,   presentment   and   settlement   of,   p.   29, 

.§  650. 
Delivery  to  clerk  and  duty  of  clerk,  p.  30,  §  650. 
Presentment   of,   notice   of,   p.   30,  §  650. 
Presentment  of,   time  of,  p.   29,  §  649. 

Referee,  presentment  and  settlement  where  case  tried  before,  p.  30,  §  650. 
Service   not  necessary  on  party  defaulting  or  not  appearing,   p.   30,  §  650. 
Settlement  of,   engrossing   and   certifying,   p.    30,  §  650. 
Settlement   of,    notice  of,   p.  30,  §  650. 
Settlement   of,   procedure,   p.   30,  §  650. 
Settlement  of,    signing   and   filing  of,   p.    30,  §  650. 

Settlement   of,   striking  out   redundant    and  useless  matter,   p.   30,  §  650. 
Settlement   of,   time  of,   p.   30,  §  650. 
Signing  and  filing  of,   p.   29,  §  649. 

Time  of  settlement,   designation  and  notice  of,  p.   30,  §  050. 
Time   to   prepare    and   serve,    p.    30,  §  050. 
Time   to   present,   p.   30,  §  649. 

Time  to  present  proposed  bill  and  amendments  to  judge,  p.   30,  §  650. 
What   to   contain,   p.   30,  §  650. 

BIRDS. 

Game.      See  Game  Laws. 

BLACKLISTING.      See  Master  and  Servant. 
BLACK  SEA  BRANT.      See  Game  Laws. 

BLIND. 

Pupils,    instruction    of     in    University    of     California    and    in    Normal    schools, 
p.   1924,    Act   3574b. 

BLIND   ASYLUM.      See    Deaf    and   Blind   Asylum. 

BLUE   SKY  LAW. 

Regulation,    supervision    an*?    licensing    of    investment    companies,    brokers    and 
agents,  p.   1308,   Act   1699. 

BOARD  OF  CONTROL. 

Advertisements,    notices    or    publications    by    state    officers    or    boards    to    be 

under  direction   of,  p.   1603,   Act  2503. 
Appointed  by  governor  and  hold  at  his  pleasure,  p.   324,  §  654. 
Appointees,    enumerated,  p.   324,  §  654. 

Appointees,    salaries   of  and  when  and  how  paid,   p.   325,  §  655. 
Appointees,  what  are  civil  executive  oflicers,  p.   324,  §  654. 
Appropriations,  power  of  board  to  create  deficiencies  in,  p.   331,  §  680. 
"Board  of  examiners,"  when  used  in   statute,  means  board  of   control,  p.   332, 

§  684. 
Bond  of  members,  p.  324,  §  654. 


23«8 


INDEX. 


BOAED   OF  CONTEOL  (Continued). 

Bonds   purcliased  by,  from  state  treasurer,  attorney  general  to  approve  validity. 

p.   330,  §  679. 
Bonds   sold  by  state  treasurer,  may  purchase,  p.  330,  {  679- 
Books  of  state  institutions,  to  examine,  p.  325,  §  660. 
Books,   papers   and  records,   officers  of  state   institutions   to   furnish   to,   p.    326. 

i  660. 
Business,    private,    members    not    to    engage    in    between    certain    hours    in    day, 

p.  324,  §  C.')4. 
Chairman,  governor  to  designate,  p.  324,  §  654. 
Civil  cxerutive   officers,   are,   p.   324,  §  6.54. 
Claims  against  state  must  be  presented  to,   p.  326,  §  663. 
Claims   against   state,  right   to  postpone  action  on,  p.   326,  {  663. 
Claims,   approval  of  procedure  on,  p.   325,  {  665. 
Claims,   board   to   give   controller  statement   as   to   recommendations   on   demand, 

p.    328,  §  670. 
Claims,   controller  not  to  draw  warrant  for  until  approval  by,  p.  329,  S  672, 
Claims,   dating,   numbering   and   filing   of,   p.    327,  S  664. 
Claims,    disapproval   of,   appeal    to   legislature,    procedure,    p.   328,  S  671. 
Claims,    disapproval   of,    proceedings   on,    p.    327,  $  666. 
Claims,   disapproval,   rehearing   on    claim   once   rejected,   p     328,  S  671. 
Claims   for     salaries  exempt   from   provisions  of  code,   p.   329,  }  674. 
Claims   for    which    no    appropriation    made    or    where    appropriation    eshansted, 

proceedings   on    approval,   p.    327,  §  667. 
Claims,    hearing,   evidence,  and  proceedings,  p.  328,  S  669. 
Claims,    hearing  on   and   notice  of   time   and  place  of,   p.   328,  9  669. 
Claims,   majority   of  board   may   allow,   p.   327,  {  664. 

Claims   may   be  presented   in    form   of   account   or   petition,  p.   327,  §  664. 
Claims,   presentation    and    auditing    of,    rules    for,    printing    and    distribution, 

p.   327,  §  668. 
Claims,   rejection  by  controller  after  approval  by  board,  proceedings  on,  p.  327, 

§  665. 
Claims,   report  to   legisl.itnre,    time    to    make,    p.    328,  §  670. 
Claims,    report    to   legislature  with   recommendations,   p.   328,  5  669. 
Claims,   rules  for  presentation    and  auditing  of,   p.   827,  i  668. 
Claims,    statements   accompanying,    p.    328,  S  669. 
Claims,    time   for  allowance   or  rejection,   p.   327,  }  664. 
Claims   to    be    presented    at    least    four    months    before    meeting    of   legislature, 

p.    328,  §  669. 
Claims  upon    contingent    fund    of    legislature    exempt    from    provisions    of    code, 

p.   329,  §  674. 
Creation   and   establishment  of,  p.  324,  §  654. 
Creation    and    establishment    of    board    of    control    for    conservation    of    watert. 

See   Waters. 
Decedents,    money    of    in    state    treasury,    investment    of    in    bonds    and    deposit 

with   slate   treasurer,   p.   330,  §  677. 
Deficiencies    in    appropriations,    power    to    create,    p.    331,  {  680. 
Depositions,   members   may   take,   p.    325.  §  659. 
Department    of   accounting,    establishment   of.   p.    333,  J  686. 

Department   of  accounting,    failure    of    officers    to    file    reports,    permit    examina- 
tion  or   adopt   system   of  accounting,    punishment,    p.    334.  |  690. 
Department   of  accounting,     financial    and    statistical     reports,     requiring    from 

officers,   p.   333,  §  688. 


INDEX.  2389 

BOARD   OF  CONTROL  (Continued). 

Dopartment  of  accounting,  officers  of  arc  civil  executive  officers,  p.  333,  §  686. 
Department   of   accounting,   ofTiccrs   of,   enumerated,   p.    333,  §  686. 
Department  of  accounting,  officers  of,  how  chosen,  p.  333,  §  686. 
Department   of   accounting,   officers   of  may  administer  oaths,   p.   333,  §  686. 
Department  of  accounting,  officers  of,   qualifications,  salaries  and  bond,  p.  333, 

§  686. 
Department  of  accounting,    right   of   officers   to    examine   books,    etc.,    of   public 

officers,   p.   334,  §  689. 
Department  of  accounting,    uniform    system    of    accounting    for    state    officers, 

to  establish,  p.  333,  §  687. 
Duties  and  powers  of  board  of  examiners  conferred  upon,  p.  332,  §  684. 
Investigation  of  public  institutions  of  state,  p.  331,  §  682. 
Meetings,  where  may  be  held,  p.   325,  §  656. 

Notice  to  by  public  authorities  of  bonds  for  sale,  p.  330,  §  678. 
Notifying  treasurer  not  to  pay  warrant  drawn  by  controller  without  authority, 

p.   329,  §  673. 
Number  of,  p.  324,  §  654. 
Oaths,   may  administer,   p.   324,  §  654. 

Orphan    asylums,    authority   as   to.      See   Orphan    Asylums. 
Public  buildings  in  course  of  construction,   visiting,   p.   327,  §  661. 
Record,   member  may  have  dissent   entered   in,  p.   325,  §  657. 
Record   of  proceedings  to  be  kept,  p.   325,  §  657. 
Report,  biennial,  of,  p.  334,  §  691. 

Reports  upon   examination  of  state   institutions   and  buildings,  p.   326,  §  662. 
Rules  and  regulations,   establishment  and  recording  of,  p.   325,  §  658. 
Rules    for   presentation    and    auditing   of    claims,    printing    and    distribution    of, 

p.   327,  §  668. 
Salaries   of  members   of,   and   when   and   how  paid,    p.    325,  §  655. 
Sale  or  exchange  of  property  belonging  to   state,  p.   331,  §  681. 
School   funds,   investment  of  by,  p.  329,  §  676. 

School  lands,    bonds   purchased    with    proceeds    of,    deposited   with    state    treas- 
urer, p.   329,  §  676. 
School  lands,   investment   of   funds   from,    in  bonds,   p.    329,  §  676. 
Session,  board,   when  in,  p.   325,  §  656. 

State   institutions,   visiting  and   examining,   p.   326,  §  661. 
Subpoenas,   issuance  of,  p.   325,  §  659. 

Supervision  over  financial   and  business  policies  of  state,  p.   331,  §  682. 
Supplies  for  officers,  contracts  for,  to  be  submitted  to,  p.  332,  §  683. 
Supplies   for  officers   not   to   be   bought   in   open   market  unless   with   consent   of, 

p.    332,  §  683. 
Supplies  purchased  by   state   officers,   report  of  to,  p.  332,  §  685. 
Treasury,  affidavit  as  to  monthly  count  of  money  in,  publication  and  filing  of, 

p.    329,  §  675. 
Treasury,   monthly   count   of  money   in,   p.   329,  §  675. 
Vacancies  in,   governor  to   fill,   p.   324,  §  654. 
Vice-chairman,   election   and   authority  of,   p.   325,  §  658. 
Waters,  for  preservation  of.      See  Waters. 
Witnesses,    allowances  to,   p.   325,  §  659. 
Witnesses,    compelling  attendance  before,  p.  325,  §  659. 

BOARD   OF  EDUCATION.      See    Schools. 

BOARD  OF  EQUALIZATION.      See  Ststc  Board  of  Equalization. 


2300 


INDEX. 


BOARD   or  EXAMINERS.      See   Board    of   Control. 

"Jiiiard   of   examiTJcrg,"    when   used   in   statute,   means  board   of   control,   p.    333, 

§  684. 
Provision  as  to  repealfd,  p.  291,  S  364. 

BOARD   OF  HEALTH.      See    Public   Health. 


BOILER  INSURANCE  COMPANIES. 

What    included   in   bojlpr   insurance,    p.   307,  ?  594,    subd.   9. 
Capital  stock  required  of,  p.  309,  S  594,  subd.  16. 

BONDS.     See  Mechanics'   Liens;   Public  Utilities,  II. 
Appeal  in  justice's  court,  on.      See  Justices'  Courts. 
Appropriation   to   pay   bonded   indebtedness   existing  on   separation   of  state    snd 

local    taxes,    p.    2185,    Act    40f)7n. 
Banking,    trust    or    public    funds    maj"    be    invested    in    bonds    of    irrigation    dis- 
trict, p.  534,  5  3480;  p.   1847,   .\ct    1732b.  {  7. 
Board    of   control   may    purchase    bunds    tu    be   sold    by   state    treasurer,    p.    330, 

§  f.78. 
Board  of  control,  of  members  of,  p.   324,  S  654. 
Bonds  of  school  districts  validated,  p.   1935,  Act  3586d. 
Boulevard."!,    for,   p.    1218,    Act    1449a. 

City,   pnirepdinps   on    consolidation   of   cities,   p.    1548,   Act   2383. 
Consolidated   school   districts,   of,   validated  and   approved,   p.    1915,   Act   3537a; 

p.   193t>,   Act  a'lStie. 
Contractor   for   public   works,    bond   tu   secure   payment   of  materisls   and   labor, 

p.    1811,   Act   2895. 
County  horticullural   commissioner,   of,   p.   493,  {  2322. 
County,   silEnature    of    auditor    on    coupons    valid    although    bonds    attested    by 

different    auditor,    p.    591,  §  4088a. 
County,   valid  though  officer  signing  ceases  to  be  officer  before  delivery,  p.  591, 

§  4088a. 
Decedents,    moneys    of    in    treasury,    investment    of    in    bonds    and    deposit    with 

treasurer,   p.   330,  §  677. 
Fiscal   apency   in   city   of   New   York,    establishment   of,   p.   969,   Act   3911. 
Fiseal   agency   in   city  of  New   York,   duties  of,   p,   969,   Act  3911. 
Funds,   public,   deposit   of  in   banks,   p.    1184,   Act    1290a. 
Guardian   of   insane   persons,   of,   p.   92.  §  1765. 

Ilarlior   improvements,   issuance  of  bonds  for  by  cities,  p.   1566,   Act  2389c. 
Harbor   of    San    Francisco,    subuiissiun    to    people    uf    question    of    issuance    of 

bonds   for   improvement   of,   p.    1206.    .\ct    14:<6a. 
High  school  bonds,   issuance  of,   p.  441,  J  1745;   p.   443,  }  1749. 
Highway    commissioners,    of,    p.    1216,   Act    1448. 
Highways,    for.      See   llichways. 
Improvement    lionds,    act    of    ^913    providing    for    system    of,    where    change    or 

establishment   of  grades  of  streets  causes  damages,   p.   2100,   Act   3937c. 
Improvement       bonds,    issuance    to    represent    certain    special    assessments    for 

public   inii)rovenienIs.   p.   950.  Act   390. 
luveslicalion   of   by   superinlendent  of   banks,    p.    895,    Act    297,  }  61a. 
Investment   of  school  funds  in,   p.  331,  §  680. 

Invpslnient   of   sinking  funds  of  city   or  county   in,   p.    1181,    Act   1284a. 
Irrigation.      See   Irrigation   Districts. 


INDEX.  2391 

BONDS  (Continued). 

Issuaiirp  of  by  cities   for  improvcmcntg,    amcnclmcnt   of   act   of    1901,   p.    1530, 

Act  2371. 
Issuance  of  state   bonds   for   buildings    in    Sacramento,    submission    of   question 

of   to   people,   p.    965,   Act   391h. 
Levee   districts   authorized    to   incur   bonded    indebtedness    for   certain    purposes, 

p.    1391,   Act   1923. 
Municipal,   payment   of   before   maturity,    p.    961,    Act    391d. 
Municipal,   validation   of  and  provision   for   collection   of   taxes   to   pay,   p.   960, 

Act   391c. 
Municipal,  validation  of  where  authorized  by  two-thirds  vote,  pp.  957-959,  Acts 

391,  391a,  391b. 
Public  utility  districts,  of,  p.   1799,   Act  2887a. 

School  bonds,   elections,   "pening  and  closing  of  polls,  p.  410,  5  1597. 
School  funds,   investment  in  bonds  and  deposit   with   treasurer,   p.   329,  §  676. 
Secretary  of   state  board  of  charities  and  corrections,  of,  p.  1021,  Act  573,  S  2. 
Secretary  of  state,   of,   p.    295,  §  416. 

Sewer  districts  in  cities,  bonds  for,  p.  1938.  Act  3594;  p.  1944,  Act  3598. 
Signature   by  officer  whose   term  expired,   effect   on,   p.   591,  §  4093. 
Signatures,    different    auditor    signing    coupons    and    bonds,    effect    of,    p.    591» 

§  4088a. 
Sold    by    state    treasurer,    to    board    of    control,    attorney    general    to    approve 

validity,    p.   330,  §  679. 
State  building  in  San  Francisco,   submission  of  issuance  of  to  people,  p.   1699, 

Act   2822a. 
Notice  to  board  of  control  and  state  treasurer  of  bonds  for  sale,  p.  330,  §  678. 
Officers   of   department   of   accounting,   of,   p.    333.  §  686. 
Ordering  deposit   of   trust   moneys  in   trust   company   by   court   and  reduction   of 

bonds,   p.   907,   Act  297,  §  93. 
Particular  officers,  of.      See  particular  title. 
Payment   of,    cities,   cities   and   counties   and   counties   authorized   to   levy    tax   to 

pay,  p.  962,  Act  391c. 
Public    libraries    established    by   union   high    school    district,    of,    p.    1931,    Act 

3586b,  §  12   et  seq. 
Reclamation  districts,  of.      See  Reclamation  Districts. 
Registration    of,    provision    for,    p.    962,    Act    391f. 

Sale  of  bonds  for  public  improvements  cannot  be  enjoined,   p.   22,  §  526s. 
Savings  banks   may   hold  w^hat   bonds,   p.   889,   Act    297,  §  61. 
Savings  banks  may  purchase   and  hold  what  bonds,  p.   889,   Act   297,  §  60. 
State  fair,  bonds  for  improvement  and  extension  and  for  erection  of  buildings, 

submission   to  people,   p.    836,   Act    63b. 
State  highway,  payment  of  interest  on  by  counties,  p.   1241,   Act  1468b. 
State,  transfer  of  funds  in  state  treasury  to  pay  interest  and  principal,  p.  1180, 

Act    1276. 
Street    improvement    bonds    for    paying    cost    of    improvements,    act    of    1911, 

p.  2033.   Act   3937. 
Superintendent   of  banks,    chief   deputy  of,   bond  of,   p.   913,   Act   297,  §  121. 
Superintendent   of  banks,   of,  p.   913,   Act   120,  §  120. 
Superintendent   of   capitol  building,   of,  p.   334.  §  716. 
Superintendent   of   state  printing,   of.  p.    305,  §  530. 
Surety  companies.      See   Surety  Companies. 

Surplus   city   and    county   funds,    investment   of,    p.    1184,    Act    1290a. 
Surplus   state  funds  may  be  invested  in  what  bonds,  p.  1182,  Act   1284o. 


2392  INDEX. 

BONDS  (Continued). 

Trust  company,   bond   not  rpquirpd  of,   p.   907,    Act   297.  S  94. 
Validation   of  bonds  of  school   districts  and  high   school  districts  and  proTiston 
for  levy  of  taxes  for,   p.   1924.   Act  3084a. 

BOOKMAKING. 

Proliitjition  of  and  punishment  for,  p.  200,  $  337a. 

BOOKS. 

School.      See  Schools. 

BOTTLES. 

Blowing  trademark  in,  protection  of  owner,  p.  2227,  Act   4122. 
Protection  of  owners  against   refilling,   p.   2227,   Acts  4121,    4122. 

BOXTLEVAEDS. 

Act  of   190.5  relating  to,  repealed,  p.   1218,   Acts   1449,   1449a. 

Bonds  for,   p.   1218,  Act   1449a. 

Boulevard  commission,   creation  of,   p.    1218,   Act    1449a. 

Boulevard   commission,   election   and   terms  of  office,   p.   1218,    Act    1449a. 

Boulevard    commission,    powers    of,    p.    1218,    .\ct    1449a. 

Boulevard   districts,    elections    in,    p.    1218.    Act    1440a. 

Boulevard   districts,    formation    and   establishment   of.   p.    1218,    .\ct    14498. 

Construction,  acquisition,   maintenance,  control  and  use  of  bonlcTards,  p.   1218, 

Act    1449a. 
Definition   of,   p.   1218,   Act    14498. 
Taxes,  lev.ving  for  acquisition,  construction,  maintenance  and  repair  of,  p.  1218. 

Act   1449a. 

BOUNDARIES. 

Cities,  of.      See  Municipal   Corporations. 

BRANT?.      See   Game   Laws. 

BRIDGES. 

JSotwoen    cities,    towns    or    districts,    construction,    repair    and    maintenance    of. 

p.  .'507.  §  2714. 
Bonds    for    acquisition,    construction    or   completion    of,    how   may    be    expended. 

p.   507.  §  2714. 
Driving  or   riding   over   faster   than    a    walk    a   misdemeanor,    p.   209,  {  590b. 
Provision   as   to   who   may  repair   when   overseer  fails   to   act,   repealed,   p.   508, 

§  2741. 
Supervisors  authorized   to  pay  part  of  construction   out  of  general  fund,  when, 

p.   506.  §  2712. 
Toll,   application   for  establishment  within  one  mile  of  established  ferry,   service 

of  notice  of,   p.   509,  §  2853. 
Toll,   erection  of  within  one  mile  of  established  toll  bridge,  p.  509,  j  2853. 

BROKERS.      See   Insurance   Cnmpnnies. 

BUILDING  AND   LOAN  ASSOCIATIONS. 

Articles  of   incorporation,  what   to   set   forth,   p.   142,  S  633. 

Assessments,  duty  to  pay,  p.  972,  Act  428. 

Banking  business,  not  to  hold  itself  out  as  doing,  p.  867,   Act  297.  5  12. 


INDEX.  2393 

BUILDING  AND  LOAN  ASSOCIATIONS   (Continued). 

Bankiiij;   act,    provisions    of    not    applicable    to,    p.    867,    Act    297,  §  12;    p.    868, 

§  12a. 
Bureau   of  building   and  loan    supervision,     act    of     1905    relating    to,     repealed, 

p.  984.   Act  429. 
Bureau   of   building   and   loan   supervision,     art     of     1911     relating    to,     p      973, 

Act   428. 
Bureau  of  building   and   loan    supervision,    creation    of,    p.    972,    Act    428. 
Bureau  of  building  and  loan    supervision,    license    fees    to    meet    expenses    of, 

p.    972,   Act   428. 
Bureau  of  building  and  loan   supervision,   offices  for,   p.  972,   Act  428. 
Bureau  of  building  and  loan  supervision,  secretary,  creation,  powers  and  duties 

of,  p.   972,   Act  428. 
Bureau  of  building  and   loan  supervision,  traveling  and  office  expenses,  p.  972, 

Act  428. 
Capital    divided    into    shares,    p.    143,  §  634. 

Capital,   of   what   consists   and  how   accumulated,   p.    143,  §  634. 
Capital   stock,    guaranty    or    nonwithdtawable,    amount    to    be    issued    before    in- 
stallment  or   full   paid    investment   certificates    issued,   p.    144,  §  634,    subd.    e. 
Capital  stock.      See  post.   Shares,   this  subject. 
Certificates  of,  what  to   state,   p.   142,  §  633. 
Checking  accounts  not  to  be  carried  by,  p.   142,  §  633. 
Commissioner,    appointment  of,   p.   972,   Act  428. 

Commissioner,    duties,   powers   and   compensation,   p.   972,   Act   428. 
Directors,    illegal    loans    by,    punishment    for,    p.    144,  §  637. 
Directors,   loans  to  forbidden,  p.   144,  §  637. 
Directors,   majority  may  be   selected   from   holders  of   guarantee   stock,    p.   144, 

§  634,    subd.   f. 
E.^empt  from  provisions  of  bank   act,  p.  866,  Act  297,  §  12a. 
Exemption   of   property   in   liquidation   from   attachments,   executions   and   liens, 

p.  972,   Act  428. 
Fees,   what  only  may  be   charged,   p.   144,  §  634,    subd.   g. 
Involuntary   liquidation   by    trustees   and   proceedings   in    connection    therewith, 

p.   972,    Act   428. 
Licenses,  procuring  of  by,'p.  972,  Act  428. 
Loans  by,  p.   144,  §  637. 
Loans,   interest  on,  p.  145,  §  638. 
Loans,  repayment   of,   p.    145,  §  638. 
Loans,    security  for,  p.   145,  §  638. 

Officers,   loans   illegal  by,   punishment   for,   p.   144,  §  637. 
Officers,   loans  to,   forbidden,   p.   144,  §  637. 

Penalties  for  violations  of  law  and  orders  of  commissioner,  p.  972,   Act  428. 
Powers  of,   enumerated,   p.    142,  §  633. 

Procedure   in   case   of   violation   of   law,   p.   972,    Act   428. 
Procedure  where  unsafe  practices   are   reported,   p.   972,   Act   428. 
Repeal  of  acts  relating  to,  p.   972,   Act  428;   p.   984,   Act  429. 
Reports  by,  p.  972,  Act  428. 

Reserve  fund  required  of,  p.   144,  §  634,   subd.  e. 
Shareholders,    issuance   of   certificates    to,   p.    143,  §  634. 
Shares,    capital   to  be   divided   into,   p.    143,  §  634. 
Shares,  dividends    on,    p.    143,  §  634. 
Shares,   free,   what   are,   p.   143,  §  634. 
Shares,   full  paid,   issuance  of  in   classes,  p.   143,  §  634. 


2354  INDEX. 

BUILDIKG  AND  LOAN  ASSOCIATIONS   (Continued). 

Shares,    full   paid,   rights   uf   holder  of,   p.    143,  §  034. 

Shares,    full   paid,   what    are,    p.    143,  §  634. 

Shares,   guaraYiteed  stock,  conditions  and  liabilities  attaching  to.   p     144.  5  ''^•l- 

Kubd.  d. 
Shares,   guaranteed    stock,    remains   as   fixed,    permanent   and   guarantee    capital, 

p.   144,  §  634,   subd.   d. 
Shares,   guarantee  stock,  to  be  kept  unimpaired,  p.   144,  {  634,   subd.  d. 
Shares,    guarantee   stuck,   what   in,  p.   144,  §  634,  subd.  d. 
Shares,    how  paid   fur,   p.    143,  S  634. 

Shares,    installment,    either   serial   or   permanent,   p.    143,  i  634. 
Shares,    in   what   furm   may  be  issued,   p.   143,  §  634. 
Shares,   juvenile,    what   are,    p.    143,  §  634. 
Shares,   pass  books  or  juvenile,  fees,  fines  or  forfeitures  not  chargeable  against, 

p.    143,  §  G34,    subd.    c. 
Shares,   passbooks   or  juvenile,  matured  value   of,   p.    143,  S  634,   subd.   c. 
Shares,    pass-books   or  juvenile,    what    are,   p.    143,  i  634.    subd.   e. 
Shares,   puss-books   or  juvenile,   withdrawal   of,   p.    143,  {  634,   subd.   c. 
Shares,    pass-book,    what    are,    p.    143,  §  034. 
Shares,    permanent,  dividends  may  be  credited  in  pass-books  of  members,  p.   14?. 

§  634. 
Shares,   permanent,    may   be   issued   any   time,   p.    143,  {  634. 
Shares,   prior  series,  not  to  be  issued  after  issue  of  shares  of  new  serit-s,  p.   14  3. 

8  634. 
Shares,   pledged,  what  are,  p.   143.  §  634. 
.Shares,    serial,   dues  on,   p.    143,  {  634. 

Shares,    serial   or   permanent,    issuance    in   classes,    p.    143,  {  634. 
Shares    surrendered    or    canceled    become    property    of    association    and    msy    be 

reissued,    p.    143,  §  034. 
Stock,   guarantee,  majority  of  directors  may  be  selected  from  holders  of,  p.  144. 

§  634,  subd.  f. 

BUILDINGS.      See    Pablic    Buildings. 

Construction,  maintenance  and  operation  of  elevators  in  buildings  being  con- 
structed,   regulation    of,    p.    1143,    Act    1025a.* 

Protection  of  workmen  employed  in,  provisions    for,  p.   1410,   .\ct  2141. 

Scaffolding  and  staging  for  protection  of  workmen,  regulation  of,  p.  1411,  .\ct 
•2141a. 

Temporary  floors,   failure   to  provide   a   misdemeanor,   p.    1410,   Act   2141. 

Temporary  floors  in  buildings  over  two  stories,   p.   1410,   Act  2141. 

Tenement   houses.      See   Tenement    Houses. 

BUREAU   OF  LABOR   STATISTICS.      See   Labor   Statistics. 

BURGLAR    INSURANCE    COMPANIES. 

Capital    stock    reiiuircd    of,    p.    309,  §  594,    subd.    Iti. 

What  included  in  burglary  insurance,  p.  307,  J  594,   subd.   10. 

BURGLARY. 

AVhat   constitutes,   p.    206,  §  459. 

BURIAL.      See   Cemeteries:    Cemetery   Corporations;    Soldiers   and    Sailori. 
K.xpeuses   of.      See    Public    Administrators. 
Uucluimed   bodies,    of.      See    Coroner. 


INDEX,  2395 

BURNT  OR  DESTROYED  RECORDS  AND  DOCUMENTS.      See  McEnerney  Act. 
Adniissibility  of  abstracts  of  title  in   case  of,   p.   95,  §  18,")5a. 
Patents   for   swamp   land.      See    Swamp   and   Overflowed   Lands. 

BUTTE  COUNTY. 

Assessor,    deputies,   number,   appointment   and   salaries,   p.   709,  §  4248,    subd.   7. 

Assessor,    salary,  commissions  and  fees  of,  p.   709,  §  4248,  subd.  7. 

Auditor,   salary  of,   p.   709,  §  4248,   subd.   4. 

Board  of   education,   compensation  and  mileage,   p.   711,    §  4248,   subd.   15. 

Classification  of,   p.   567,  §  4006. 

Constables,    salaries   and  fees  of,  p.   710,  §  4248,   subd.    13. 

Coroner,   fees  of,  p.   709,  §  4248,   subd.  9. 

County   clerk,   deputy,   appnintment   and  salary,  p.  708,   §  4248,   subd.  1, 

County   clerk,    salary  and  allowances  of,  p.   708,  §  4248,   subd.   1. 

District   attorney,    assistant,    salary    of,    p.    709,  §  4248,    subd.    8. 

District   attorney,   salary  of,   p.    709,  §  4248,   subd.   8. 

District   attorney,  stenographer,  appointment  and  salary,  p.  709,  §  4248,  subd.  8. 

Fish  and  game  warden,   salary  and  expenses  and  how  paid,   p.  594,  §  4149d. 

Jurors,  grand,  fees  and  mileage,  p.   711,  §  4248,   subd.    16. 

Jurors,   trial,   fees  and  mileage,  p.   711,  §  4248,   subd.    16. 

Justices,   salaries   and  fees   of,   p.   710,  §  4248,   subd.   13. 

Population   of,  p.   565,  §  4005c. 

Population   of  townships,   how   determined,   p.   710,  §  4248,   subd.   13. 

Provisions  of  code,  when  become  operative,  p.   711,  §  4248,   subd.   17. 

Public   administrator,    fees   of,   p.    709,  §  4248,    subd.   10. 

Recorder,   copyist,  appointment  and  salary,  p.   708,  §  424g,  subd.  3. 

Recorder,    salary   of,   p.    708,  §  4248,    subd.    3. 

Registrar   of  voters,   salary,   fees,   allowances,   deputies   and  assistants,  pp.  597, 

601,  §  4149e. 
Sheriff,  salary  of,  p.  708,  §  4248,   subd.  2. 
Superintendent  of  schools,    deputy,    appointment    and    salary,    p.    709,  §  4248, 

subd.   11. 
Superintendent   of   schools,    salary   and  expenses   of,  p.   709,  §  4248,    subd.   11. 
Supervisors,  mileage  as  road  commissioner,  p.  711,  §  4248,   subd.   14. 
Supervisors,    salary  of,   p.    711,  §  4248,    subd.    14. 
Surveyor,  fees  of,  p.   710,  §  4248,   subd.   12. 
Tax   collector,    salary   of,    p.    709,  §  4248,    subd.    6. 
Treasurer,   salary  of,  p.   709,  §  4248,  subd.  5. 

BUTTER.      See   Adulteration:    Dairies;    Oleomargarine. 

Certified,  penalty  for  violation  of  law  regulating  production  and  sale  of,  p.  985, 
Act  472. 

Certified,  regulation  of  production  and  sale  of,  p.   985,   Act  472. 

Cold  storage,  regulation  of  sale  of,  pp.   1043,   1044,  Acts  625,   626. 

Deception  or  fraud  in  manufacture  and  sale  of,  prevention  of,  p.  985,  Act  471; 
p.  986,  Act  473. 

Enforcement  of  provisions  regulating  manufacture,  buying  or  selling  and  pun- 
ishment for  violation  of,  p.  986,  Act  473. 

Manufacture  or  sale  of,  from  unhealthy  animals,  prevention  of,  p.  986,  Act  473. 

Manufacture  or  sale  of,  from  unsanitary  conditions,  prevention  of,  p.  986, 
Act  473. 

Regulation  of  sale  of  butter  that  has  been  in  cold  storage,  pp.  1043,  1044, 
Acts  625  and  626. 


23.&6  INDEX. 

BUTTEB  (Continued). 

Renovated,  fraud  in  manufacture  and  sale  of,  prevention  of,  p.  986,  Act  473. 
Renovated,   licensing  manufacture  and  sale  of,   p.   986,   Act  473. 
Renovated,    regulating   business   of   producing,    buying   and   selling,    p.    986,    Act 
4  73. 

BY-LAWS.      See  Religious,  Social  and  Benevolent  Corporations. 

c 

CACHE   CREEK. 

Use  of  ueis,  seines,  weirs  or  traps  in  Cache  creek  or  its  tributaries,  prohibited, 
p.   1198,   Act   1340i. 

CALAVERAS   COUNTY. 

Assessor,    deputifs    and    compensation   of,    p.    779,  {  42G9,    subd.    7. 

Assessor,    salary  of,  p.  779,  $  42(i9.   subd.  7. 

Auditor,  salary  of,  p.   779,  i  4'269,  subd.  4. 

Classification   of,   p.   569,  5  4006. 

Constables,    population    of    townships,    how    ascertained    for    purpose    of    fixing 

salaries,    p.    780,  $  4269,    subd.    13. 
Constables,   salaries,   fees  and   expenses  of,  p.   780,  }  4269,  subd.   13. 
Coroner,   fees  of.   p.   779,  5  42r,0.   subd.   9. 
County  clerk,    salary   of,   p.    779,  J  4269,   subd.    1. 
District  attorney,   salary   and   expenses   of.   p.   779,  $  4269.   subd.   8. 
Fish  and  game  warden,   salary  and  expenses  and  how  paid,  p.   594,  §  4I49d. 
Jurors,   grand,    fees   and   mileage   of,   p.   781.  $  4269.   subd.    15. 
Jurors,    trial,    fees   and   mileage   of,   p.   781,  }  4269.    subd.    15. 
Justices,  pupulnlion   of  counties,   how  ascertained   for  purpose  of  fixing  salaries, 

p.  780,  S  42(")9,  subd.   13. 
Justices,   salaries  and   fees   of.   p.   780,  §  4269.    subd.    13. 
Population   of,    p.    566,  §  40U5c. 

Public    administrator,    fees   of.    p.    779,  5  4269,    subd.    10. 
Recorder,   copyist,    appointment    and    salary,    p.    779,  5  4269.    subd.    3. 
Recorder,    salary  of,   p.   779.  5  4269,   subd.   3. 
Reei.strar  of   voters,   salary,   fees,   allowances,   deputies   and   assistants,   pp.    599, 

601,  §  4149e. 
Sheriff,  jailer,   salary  of,   p.   779,  5  4269,   subd.   2. 

Sheriff,   salary,  expenses,  commissions,  fees  and  mileage,  p.  779,  I  4269.  subd.  2. 
Superintendent   of   school,    salary   and   expenses   of,   p.    780,5  4269,    subd.    11. 
Supervisors,  salaries  and  mileajre.  p.  781.  §  4269,  subd.  14. 
Surveyor,    fees  of.   p.   780,  S  4269,   subd.   12. 

Surveyor,    to  be  given  all  county  work,  p.  780,  $  4269.   snbd.   12. 
Tax   collector,   deputy   and  compensation   of,  p.   779,  §  4269,   subd.   6. 
Tax   collector,   salary   and   commissions  on   licenses,   p.   779,  }  4269.    subd.   6. 
Treasurer,  salary  of,  p.  779,  {  4269,  subd.  5. 

CALENDAR. 

Court,   preference  of  causes  arising  under  public  utility  act,  p.   1783,  Act  288( 

§  C9. 

CALirORNLA   HIGHWAY    COMMISSION. 

Appropriation   to   p;iy   claim  of  against   slate,   p.    Iy67.    Act   3798d. 


INDEX.  2397 

CALIFORNIA    INSTITUTION    FOR    DEAF    AND    BLIND.      See    Deaf    and    Blind 

Asylum. 

CALIFORNIA   PIONEERS. 

Acceptance  of  gifts  and  levy  of  taxes  for  monuments  to,  p.  1201,  Act  1356a. 
Appropriation  for  monument  to  memory  of,  near  Donner  Lake,  p.  1006,  Act  502. 

CALIFORNIA   REDWOOD   PARK. 

Board  of  commissioners  for,   creation   of,   p.   1006,   Act  511. 

Commissioners,    number,    appointment,    term   of   office   and   powers    of,    p.    1006, 

Act  511. 
Management  of,  p.   1006,  Act  511. 
State    iiighway    from    Saratoga    Gap    to,    survey    and    construction    of,    p.    1009, 

Act    511a. 
Warden  and  assistants,  appointment,  duties  and  salary  of,  p.  1006,  Act  511. 

CALIFORNIA   SCHOOL  FOR   DEAF  AND   BLIND. 

Name  of  Deaf,  Dumb  and  Blind  Asylum  in  Berkeley  changed  to,  p.  483,  §§  2236, 

2237. 
Derives  no  revenue  from  public  school  fund,  p.  483,  §  2237. 
Object  of,   p.   483,  §  2237. 
Part  of  school  system  of  California,  p.  483,  §  2237. 

CALIFORNIA    SCHOOL    FOR    GIRLS. 

Appropriation   for,   p.    1008,   Act   511b. 

Maintenance  and  management  of,  p.  1008,  Act  511b. 

Establishment  of,  p.  1008,  Act  511b. 

CALIFORNIA   STATE   BOARD   OF   PHARMACY. 

Inspectors  of  as  peace   officers,   p.   234,  §  817. 

CALIFORNIA    STATE   REFORMATORY. 

Buildings  and  other  improvements,   construction  of,  p.   1012,  Act  512. 

Commitments   to,   p.    1012,   Act   512. 

Conduct  and  management  of,  p.   1012,  Act  512. 

Equipment  for,  p.   1012,  Act  512. 

Establishment   of,  p.   1012,   Act   512. 

First  offenders,   setiding  to,  p.   1012,   Act   512. 

Purchase   of  land  for,   p.   1012,   Act   512. 

Transfer  of  prisoners  to,  p.  1012,  Act  512. 

CALIFORNIA  STATE  TRADE  AND  TRAINING   SCHOOL. 

Act  authorizing  the  establishment  of  repealed,   p.   1018,   Act   513. 

CANALS. 

Highway,  laying  out  across  canals  or  ditches,  procedure  and  damages,  p.   505, 

§  2694. 
Private  way  for,  laying  out,  procedure,  p.  504,  §  2692. 

Rivers,    canalization    of,   investigation    into    and    duty    of   governor    and    depart- 
ment of  engineering,  p.  2331,  Act  4363a, 

CANCELLATION. 

Registration,   of.      See   Elections. 

CANDIDATES.      See    Elections. 


23Q8  INDEX. 

CAPITOL. 

Decoration   of  rotunda   on   main    floor,   appropriation   for,   p.   1968,   Act  3808. 

Intoxicating  liquors,  8(*lling  or  giving  away  of  within  or  on  grounds  of,  pun- 
ishment of,  p.   193,  J  172. 

Rooms  for  Orand  Army  of  the  Republic  in.  p.   1203,  Act  1393. 

Rules  and  regulations  guverning  building  and  punishment  for  Tiolating,  p.  335, 
§  717. 

Superintendent,   appointees  of  enumerated,  p.  335.  {  718:   p.   3.Sfl.  }  719. 

Superintendent,    appointees  of,   salaries  of,  p.   33.5,  }  718:   p.  336,  8  'IS- 

Superintendent  of,  appointment  and  term  of  office,  p.  335,  i  716. 

Superintendent  of  authorized  to  employ  extra  help  during  extra  session  of 
1911,  p.   1968,  Act   3808. 

Superintendent,   bond   of,    p.   334,  S  716. 

Superintendent  is  a  civil  executive  officer,  p.  334,  $  716. 

Superintendent,  powers  and  duties,  pp.   334,  335,  §S  716,   717. 

Superintendent,   salary  of  and  how  paid,  p.  334,  {  716. 

CARRIERS.      See   Bapentre. 

CASUALTY  INSURANCE  COMPANIES. 

Capital  slock   required  of,  p.  307,  9  594,   snbd.   16. 
AVhal  includes,  p.  307,  §  594,  snbd.  8. 

CATALINA  ISLAND.      See  Santa  Catalina  IslandL. 

CATFISH.      See    Game    Laws. 

CATTLE.      See   Animals. 

CAVALRY.      See  National  Gnnrd. 

CEMETERIES. 

Burial,    permits    for   use    in    an'Mhcr    coniitv.    issuinp,    p.    .t12.  §  30S4. 

Burial,   permit.s    for  use   in    another   county,    report    of,    p.    512,  §  3084. 

Burials,   regulations  governinp.  p.   513,  {  3084. 

Cemetery  corporations.      See  Cemetery  Curporalionc. 

Control   of,   p.   513,  5  3109. 

Disinterments,    regulations   governing,    p.    512.  §  30S4. 

Public   cemetery   districts,    provision    for.   p.    1018.   Act    546. 

Public   cemetery   districts,    trustees  for.  appointment,  powers  and  term  of  office, 

p.   1018,   Act  546. 
Public,   inclosing   and  laying  off   info   lots,   p.    513,  J  3109. 
Public,    mnnapcment,   conduct   and   regulation  of,   p.   513,  J  3109. 
Removal  of   bodies   from,   p.   1019,   Act  547. 
Rules  for,  p.   513.  §  3110. 

Sextons  and  officers,   appointment  of,  p.  513,  §  3110. 
Streets  throuiib.   opening  of,  p.   1020,   Act   548. 
Superintendents,    reports   of,   p.    512,  §  3084. 

CEMETERY    CORPORATIONS. 

Borrowing  funds  of  in  violation  of  statute,   punishment  of,  p.  209.  {  573. 
Corporation   of   which   director  or  officer   it   »,  stockholder  not   to  borrow   funds 
of,  p.  209.  §  573. 


INDEX.  2399 

CEMETERY  CORPORATIONS    (Continued). 

Exemptiun    of    property    from   taxes,    assessments,    execution,    etc.,   p.    1020,    Act 

549. 
Officer  or   director   not   to   become   obligor   for   moneys   borrowed   from,    p.    209, 

§  573. 
Officer  or  director  not  to  borrow  funds  of,  p.  209,  §  573. 

CEREAL  CROPS.      See   Agriculture. 

CERTIFICATES. 

Partnership.      See  Partnership. 

CERTIFICATES   OF   DEPOSIT.      See   Banks   and   Banking. 

CERTIFIED  COPIES. 

Patents,  of,   effect  of,   p.   546,  §  3571. 

CHALLENGE.      See  Jury. 

Grand  jurors,   to.      See  Grand  Jury. 
Voters,   to,   p.   377,  §  1230. 

CHARITIES.      See    State   Board    of   Charities   and   Corrections. 

CHARTERS. 

Counties,    of.      See   particular   title. 
Particular   cities,   of.      See   particular   title. 

CHECKS.      See   Banks   and  Banking. 

CHEESE.      See  Adulterations;   Dairies. 

Deception    in   manufacture    and    sale   of,    repeal   of    act    of    1897    for   prevention 

of,  p.  985,  Act  471. 
Imitation,    licensing   the   producing,   buying   and   selling   of,   p.   986,   Act   473. 

CHILD.      See   Infants;    Parent  and   Child. 

CHOLERA.      See    Animals. 

CITIES.      See  Municipal  Corporations. 

CIVIL   SERVICE. 

Assistant    superintendents    of    public    instruction    not    subject    to    provision    of 

act   providing   for,  p.    386,  5  1519,   subd.   4. 
Commi.sision,    creation    of,    p.    1025,    Act    606. 
Commission,   powers  and  duties  of,  p.   1025,  Act  606. 
Commission,   violation   of   provisions   of   act   a   misdemeanor,   p.   1025,    Act   606. 

CLAIM  AND   DELIVERY. 

Protection    of    plaintiff    in    possession    of    property    after    its    delivery    to    him, 
p.    22,  §  521. 

CLAIMS. 

Counties,   against.      See  Counties. 
State,    against.      See   Board   of   Control. 

CLAMS.      See   Game  Laws. 


2400  INDEX. 

CLASSiriCATION. 

Counties,   of,   p.   566,  {  4006. 

Particular  couDties,  of.     See  partienlar  county. 

CLZEGYMAN. 

Privileged   communication   between   clergyman   and   ptriihioner.   p.   96,  {  1881. 

CLEEK   OF   COUKT. 

Acknowledtjment,   clerk   of   court   of  record  may   t«ke,  p.  153,  }  1181. 

CLEVELAJiD   NATIONAL  FOREST. 

liuntiiiB    in   forbi'idin.    p.    172."),    Act   2875*. 

COAST  ARTILLEEY.      See  National  Guard. 

COCAINE.      8e«    DruBS. 

COHABITATION.      See   Adultery. 

COU}    STORAGE. 

Dispogition   or  sale   of  food    kept  or   preserved   therein,    rejculation   of,    p     I'^l^'. 

Act    624. 
Refrulation   of  refrigeration   warehousea,   p.    1040,   Act  624. 
Regulation    of    sale    of    butter    and    egja    that    hate    been    In.    pp.    1043,    1044, 

Acta    625.    626. 
State   board   of   health,   dutiea   in   relation   to,   p.    1040,   Act   624. 

COLLECTORS. 

Whut   ((luiity  officers  may  not  act  ai  or  for  collection  asency,  p.  820,  i  4316. 

COLLEGE   OF   MEDICINE.      8*«   University  of   Californi*. 

COLLEGES.      See   I'nivi-rsitiea. 

Any    number    o(    persona    may    incorporalr.    p.    146,  {  649. 

Articles   of   incorporation,    contents   of.    p.    146,  |  649. 

OtHce    of,    where    located,    p.    146.  i  650. 

Trusteea,   number  of,   p.    146,  $  G49. 

Trusteea,    powors    of,    enumerated,    p.    146,  {  650. 

Trustees,    quorum,    p.    116,  S  650. 

Trustees,    term    of    office,    p     146,  {  650. 

Trustees,    vacancies,   how   filled,   p.    146,  {  650. 

Trustees,   vacancies,  right  of  graduates  to  fill,  p.  146,  |  650,  inbd.  2. 

COLLISIONS.      See   Automobiles;   Motorcycles. 

COLUSA    COUNTY. 

Assissor,  saliiry  of,  p.  790,  §  4273,  aubd.  7. 

Auditor,    salary   of,    p.    790,  §  4273,   subd.    4. 

Classification    of,    p.    569,  §  4006. 

Constables,   salaiies.   expen.sea  and  fees,  p.   791,  }  4273,   rabd.   14. 

Owroner,    fees   of,    p.    790,  {  4J73,    subd.    9. 

County    clerk,    deputy,    appointment    and    salary    of,    p.    789,  {  4273.    subd     1. 

County    clerk,   salary   of.   p.    789,  5  4273,    suM.    1. 

Di.strict    attorney,    salary    of.    p.    790.  §  427:?.    subd.    8. 

Fish   and   game   warden,   salary   and  c.\pensea  and   how   paid,   p.   594,  §  4149d. 


INDEX.  2401 

COLUSA  COUNTY  (Continued). 

Justicps,  salaries  and  fees  of,  p.  791,  §  4273,  suhd.   13. 

OflRcinl   reporter,   fees  of,   p.   791,  §  4273,   subd.   16. 

Population   of,   p.    566,  §  4005c. 

Public   administrator,   fees   of,   p.   790,  §  4273,    subd.    10. 

Recorder,   salary  and   fees  of,   p.   790,  §  4273,   subd.   3. 

Registrar   of   voters,    salary   fees,   allowances,   deputies  and   assistants,   pp.    599, 

601,  §  4149e. 
Sheriff,    deputy,    appointment   and   salary,    p.    790,  §  4273,    subd.    2. 
Sheriff,  salary,  commissions,  fees  and    e.xpenses   of,    p.    790,  §  4273,    subd.    2. 
Superintendent    of    schools,    salary    and    expenses    of,    p.    790,  §  4273,    subd.    11. 
Supervisors,   salaries   aud   mileage,   p.    791,  §  4273,    subd.    15. 
Surveyor,  assistants,  employment,  compensation  and  expenses  of,  p.  791,  §  4273, 

subd.  17. 
Surveyor,   salary  and  e.xpenses  of,   p.   791,  §  4273,   subd.   12. 
Tax  collector,   salary   of,   p.   790,  §  427:?,    subd.    6. 
Treasurer,   salary   of,  p.    790,  §  4273,    subd.    5. 

COMBINATIONS.      See  Trusts. 

COMMANDER-IN-CHIEF.      See  National  Guard. 

COMMERCE.      See    Foreign    Commerce;    Interstate    Commerce. 

COMMERCIAL   BANKS.      See   Banks  and   Banking. 

COMMERCIAL  TRAVELERS.      See  Licenses. 

COMMISSIONER   OF   HORTICULTURE.      See   County   Horticultural   Commissioner; 

State    Horticultural    Commissioner. 

COMMISSION   GOVERNMENT. 

In    certain    cities.      See    ilunicipal    Corporations. 

COMMON  CARRIERS.      See  Baggage:   Railroad  Companies. 
Passes.      See  Railroad  Commissioners. 
Pipelines.      See  Pipe-lines. 
Rates,   changes  in,   p.   1742,   Act  2886,  §  15. 
Rates,  limit  on  amount  of,   p.  1742,  Act   2886,  §  14b. 
Rates,   schedule   only    can   be   charged,    p.    1743,    Act    2886,  §  17,    subd.   2.      See 

Public   Utilities. 
Rebates  not  to  be  given,  p.   1743,  Act  2886,  §  17,   subd.   2. 
Regulations   concerning  under   public   utility   law.      See   Public   Utilities. 

COIMMON    COUNCIL.      See    Supervisors. 

COMPETITION.      See   Unfair   Competition. 

COMPLAINT. 

Service  of  in   condemnation  proceedings  against  state   or  United   States,  p.   62. 
§  1240,   subds.  8,   9. 

COMPROMISE. 

Guardians  or  guardians  ad  litem,  authority  to  compromise  claim,  p.  15,  §  372. 

151 


2402  INDEX. 

CONDEMNATION.      See  Eminent  Domain. 

CONGRESS.      See    United    States    Senators. 
CongressioDal  districts,  p.  289,  S  117. 

CONSEEVATION   COMMISSION. 

Creation    and   estaldishmcnt    of,    p.   1044,    Act    6R9. 
Expenses    of    and    appropriation    for,    p.    1044,    Art    689. 
Powers  and   duties  of,   p.    1044,   Act   680. 
Waters,   board   of   control    for.      See   NVatf-rs. 

CONSOLIDATION. 

Actions  to   enforce  mechanics'   liens,  of.   p.   .56,  {  1195. 

Banks,   consolidation  of,   p.   879,   Act   2<)7,  }  31«. 

Cities,    of.      See    Municipal    Corporations. 

County   officers,    what    may   be   consolidated,   p.    571,  i  4017. 

Elections,   of,   p.    1134,    Act    1022. 

Eminent  domain,   of  proceedings  in,   p.   66,  {  1244. 

Oflicers,   consolidation   of  officers  under  charters  authoriied.  p.   2148,   Act   4043. 

Oflices   not  consolidated   to   be   filled  by  election  or  appointment,   p.   571,  S  4020. 

Public   utilities,    consolidation    of,    p.    1768,    Act    2886,  {  51*. 

Keclamation    districts,    of.      See    Reclamation    Districts. 

School  districts,  o(.      See  Schools. 

CONSTABLES. 

Additional,  petition  required  before  appointment  by  supervisors,  p.   571,  {  4014 

Cannot   act    as   collector   or   for   collection    aBenry,    p     820,  {  4316. 

Cannot  practice   law  or  have   law  partn'T    i>     '*'2i),  J  4316. 

Duties   ot,    p.    6f>3.  5  41«7. 

Fees    of,    p.    603,  §  41H7. 

Limitation    of   actions    apainst.    p.    13,  i  'A"iO. 

Number   of    in    t.ownships,    p.    571.  {  4014. 

Particular  county,   of.      See   particular  title. 

Peace    officers,    are,    p.    234,  5  *117. 

Poundmaster,    constable    acting    as.    fees    of,    p.    603,  {  4187. 

Poundniaster,   when  to  act   as,   p.   803.  }  41 1*7. 

Townsliip   officers,   are.   p.   571,  §  4014. 

Writs,    process   or   notncs,    constal.h-  of   township    to   serve,   when.   p.    603.  J  41 S9. 

CONSTITUTION. 

Amendments,  copies  of   conytilulion    to    be    kept    at    pollwif;   places,    for  consuIl!\ 

tion,    p.    362.  5  UO.Sa. 

Amendments,  p.imphlet      containing,      for     advertising,      contents     of,      p.     3'Vj 

1195a. 

Amendments,  pamphlet    for    advertisinp.    how    printed,    p.    362,  |1 195*. 

Amendmeuts,  provision   for  dissemination  of  knowledge  as  to,  p.   1047,  Act   706. 

Amendments,  publication   of,   p.    1047.    -Vet    707. 

Amendments,  special  election  for,   p.   1047,   .\cl   707. 

Amendments,  statements   for  and  against,   preparation  of,  p.  .161.  }  1195. 

Amendments,  stAtements   for  and   against,   printing   and   distribution   of,   p,    361. 

S  1195. 

CONTEMPT.      See    Public    I'tilities.    II. 

Power  of  legislature  in,   pp.  290,  291,  §|  302,   303. 


INDEX.  2403 

CONTEIMPT    (Continupd). 

Power  of  public  utility  commiBsion  in,   p.   1773,    Act   2886,  §  54. 

Recovery    of    damagres    against    public    utility    does    not    affect    liability    for, 

p.    1785,   Act   2886,  §  73b. 
Recovery  of  penalties  against  public  utility  no  bar  to  proceedings  for,  p.  1786, 

Act    2886.  §  74b. 

CONTINTJANCE. 

Absence   of   evidence,   showing   necessary,    p.    27,  §  595. 

Absence   of   witness,    procedure,    p.    27,  §  595. 

Attendance  of  attorney  at  legislature,   p.   27,  §  595. 

Mining    property,    continuance    of    action    involving,    to    do    development    work, 

p.    27,  §  595.  ' 
Temporary  restraining  order,  continuance  of  hearing,  p.  22,  §  527. 

OONTEA    COSTA    COUNTY. 

Assessor,    deputies,    number,    appointment   and    salarie^s.   p.    698,  §  4245,   subd.    9. 

Assessor,   no    compensation   for   collection    of   personal    property    taxes,    p.    698, 
§  4245,  subd.   9. 

Assessor,      no    compensation   for   collecting   poll   taxes   or   making   out  military- 
roll,    p.    698,  §  4245,    subd.   9. 

Assessor,  salary  of,  p.  698,  §  4245,  subd.  9. 

Auditor,    clerks,    appointment    and    salaries,    p.    696,  §  4245,    subd.    4. 

Auditor,   salary  of,   p.   696,  §  4245,    subd.   4. 

Classification    of,    p.    567,  §  4006. 

Commissions   for  collecting  poll   taxes  to   be  allowed  county  in   settlement  with 
state,    p.    698,  §  4245,    subd.    9. 

Constables,    determination    of    population    of    townships    for    purpose    of    fixing 
salaries,   p.   700,  §  4245,   subd.   15. 

Constables,  salaries,   expenses  and  fees  of,   p.   700,  §  4245,   subd.   14. 

Coroner,   fees  of,  p.  699,  §  4245,  subd.   10. 

Coroner,  stenographer,    appointment   and    salary,   p.   699,  §  4245.    .subd.    10. 

County  clerk,  clerks,  deputies  and  assistants,  number,  enumeration  of,   appoint- 
ment and  salaries,  p.  695,  §  4245,  subd.  1. 

County  clerk,  salary  and  allowances,  p.  695,  §  4245,  subd.  1. 

District   attorney,    deputies  and  stenographer,   appointment  and   salary,   p.   697, 
§  4245,    stibd.    7. 

District  attorney,  salary,  p.  697,  §  4245,  subd.  7. 

Fish  and  game  warden,  salary  and  expenses  and  how  paid,  p.  594,  §  4149d. 

Judge,   additional,   for,  p.    1050,   Act   726. 

Jurors,   compensation   and   mileage,   p.    701,  §  4245,    subd.    17. 

Justices,    fines,    payment'    of    into    treasury    monthly,    and    report    of,    p.    699, 
§  42  45,    subd.    13. 
~        Justices,   salaries  and  fees  of,  p.   699,  §  4245,   subd.  13. 

Population  of,  p.  565,  §  4005c. 

Population  of  townships,   fixing  of  by  supervisors,  p.  700,  §  4245,   subd.   15. 

Public  administrator,   fees  of,  p.   699,  §  4245,   subd.   11. 

Recorder,   deputy,    appointment   and    salary,    p.    696,  §  4245,    subd.    3. 

Recorder,   salary   and   allowances   of,    p.    696,  §  4245,    subd.    3. 

Registrar    of    voters,     salary,    fees    and    allowances,    deputies    and    assistants, 
pp.   596,    601,  §  4149e. 

Sheriff,   allowance    for   feeding   of   prisoners,    p.   696,  §  4245.    subd.    2. 

Sheriff,   deputies,    clerks,   and   employees,    salaries   of,    p.    696,  §  4245,    subd.   2. 


2404  INDEX. 

CONTRA  COSTA  COUNTY  (Continned). 

Sheriff,      salary,    miUage,    expenses   and   fees.   p.    606.  }  4245.    subd.    2. 
Superintendent   of   (chools,   deputy,     ippointment     and     salary,     p.     698,  9  4245, 

subd.    8. 
Superintendent  of  srhools,  salary  and  expenses,  p.  698,  }  4245.   subd.   8. 
Supervisors,    fixing  of  popnlntion  of  town.ships   by,   p.    700.  S  4245.   subd.   15. 
Supervisors,  salaries  and  mileage  as  supervisor  and  road  commissi. iner.   p.  700, 

S  4245.    subd.    16. 
Knrvej"or,   fees  and  expenses  of,  p.  699,  S  4245,  snbd.   12. 
Tax  rollector  and    Iiren8<>    collector,    salary,    p.    697,  I  4245,    subd.    6. 
Tax    riillertor.    deputy    and   copyists,    appointment    and    salaries,    p.    697.  {  4245, 

subd.    6. 
Treasurer,   bond   of,   p.   697.  J  4245,   subd.    5. 

Treasurer,    bond  of,    cost  of   premium  a   roiintv   rhar(t#,   p.   697,  |  4245,   snbd.    5. 
Treasurer,    bund   of  to  be   executed   by   surety   company,   p.  697,  i  4245,  subd.   5. 
Treasurer,    rlrrk.   nppolnlmrnt   and   salary,   p.    696,  {  4245.   snbd.   5. 
Treasurer,    salary   of.   p.    697,  S  424S,    subd.    5. 

CONTRACTORS.      See    Buildings;    Mechanics'    Liens;    Public    Works. 

CONTRACTS. 

Death  of  vendor  before  conveyance,  rompletion  of  Mle  by  guardian  of  minor, 
p.    93.  5  IrtlOn. 

Indemnity,  associations  for  exchange  of  contracts  proTiding  for.  See  In- 
demnity. 

CONTRIBUTORY    NEGLIGENCE.      See    Master    and   Servant. 

CONTROL,      bee    Board    of    Control. 

CONTROLLER. 

Api)'iii\l<>os   of,    enumerated,    p     297,  J  4119. 

Api>ointoes   of,   salaries   of   and   how    paid.   p.   298.  J  440. 

Appointees  of,    what   are    civil    executive    officers,    p.    297,  |  439. 

Board  of  control   to  give   statement   of   recommendations  to  on   demand,   p.   328, 

§  670. 
Claims   over  $20,000,  proceediiiRS  in  case  of,  p.  29,  {  4.13. 
Claims   to  be  approved  by  board  of  control  before   warrant,   p.   .T28,  S  672. 
Duties   of.    enumerated,    p.   295.  {  438. 
Inheritance   tax.      See  Taxation. 
Tax   deeds.      See    Taxation. 
Time    ^>^   setllfuient    with,    by   connty   treasurer   extended    where    school   moneys 

misappropriated,   p.    1055,   Act   805 
Transfer    to    school    fund    of    thirteen    dollars    for    each    pupil    in    daily    aver.ite 

attendance,   p.   298.  5  443. 
Warrant,    drawinc    without    authority,    board    of   control    to    notify   treasurer   not 

to   pay.   p.    329.  §  673. 
Warrant    for    rlaiin,    not    to   draw    until    approval    by    board   of   control,    p.    328. 

8  (572. 

CONVENTIONS. 

Choo.sinK   delepates   for  political   parties   to.   p.    1084.    Act    1010. 

CONVICTION. 

Accomplice,    conviction   on   testimony    of,    p.    2t'2,  §   1111. 


INDEX.  2405 


COITVICTS.      See   Prisoners. 


CORONER. 

Cunsulidation    of    offices  of  district  attorney  and  coroner,  p.   S71,  §  4017. 

Consolidation    of    ofliccs   of  yjiiblic   administrator  and   coroner,   p.   571,  §  4017. 

Contagious  diseases,   duty  in  cases  of,  p.  510,  §  2979a. 

County   officer,    is,   p.   570,  §  4013. 

Limitation   of  actions   against,   p.   13,  §  339. 

Particular    county,    of.      See    particular    title. 

Sale    of    property    of    decedent    or    withdrawing    of    money    from    bank,    without 

administration,  p.   594,  §4144.      See  Estates  of  Decedents. 
Statement   of   amount   of   money   or   property    that   came   to   his   hands,    filiLg   of, 

p.    594,  §  4144. 
Unclaimed   body,   duty    to   bury,   p.    594,  §  4144. 
Unclaimed   body,    expense   of  burying,   how   met,   p.   594,  §  4144. 

CORPORATIONS. 

Animals,   corporations  for  prevention   of  cruelty   to   animals.      See   Corporations 

for  Prevention  of  Cruelty  to  Children  and  Animals. 
Articles  of  incorporation,   signatures  and  acknowledgments  of  directors,  p.  113, 

§  292. 
Articles  of  incorporation,   subscribers,     majority    must     be     residents,     p.    113, 

§  292. 
Articles   of   incorporation,    subscription   and   acknowledgment,   p.    113,  §  292. 
Banking.      See    Banks    and    Banking. 
Banking    corporations.      See    Banking    Corporations. 
Blacklisting   by.      See   Master   and   Servant. 
Cemetery   corporations.      See  Cemetery  Corporations. 
Colleges.      See  Colleges. 
Cruelty    to    children    and   animals,    corporations    to    prevent.      See    Corporations 

for  Prevention   of   Cruelty    to   Children   and   Animals. 
Delinquent   stock  sale,    extension   of   time   of,   how   made,    p.    116,  §  345. 
Delinquent   stock   sale,    extension  of   time   of,   who   may   make.    p.    116,  §  345. 
Delinquent   stock   sale,    time   of  may   be   extended,   p.    116,  §  345. 
Electric   corporations.      See   Electric    Corporations. 

False   representations   as   to   financial  condition   a  misdemeanor,   p.   207,  §  532a. 
Fees  required  of,   p.   292,  §  409. 

Foreign  corporations,    failure    to   file    articles,    penalty,    p.    118,  §  410. 
Foreign  corporations,    proceedings   on   failure  to   file   articles,   p.    118,  §410. 
Foreign    corporations,    what    exempted   from  provisions    of    Civil    Code,   p.    118, 

§  410. 
Gas  companies.      See   Gas  Companies. 
Heating   corporations.      See    Heating   Corporations. 
Investment   companies.      See  Investment   Companies. 
License,   failure   to   pay,   provision   for  settling  affairs   of  corporation,   p.   1052, 

Act   758. 
License,  failure  to  pay,  rehabilitation  of  corporation,   p.   1052,  Act   758. 
License  upon,   repeal  of  act   relating  to,  p.   1052,  Acts   757,   758. 
Meetings,  members,  who  may  vote  at,  p.  115,  §  321b. 
Meetings,   proxies,   executors,   administrators,  guardians  and  trustees  may   give, 

p.   115,  §  321b. 
Meetings,   proxies,   how   executed,   p.    115,  §  321b. 

Meetings,   proxies,   length    of   time    for   which    valid,    p.    115,  §  321b. 
Meetings,  proxies,  revocation   of,   p.    115,  §  321b. 


2406  INDEX. 

COEPORATIONS    (Continued), 

^leetinjjs,   proxies,  who  may  act  as  where  no  capital  stock,  p.   115.  }  321b. 

Meetings,   stockholders,   who   may   vote  at,   p.    115.  $  321b. 

Mortgage  insurance  corporations.      See  Morleage  Insurance  Corporations. 

Mutual    benefit    ariKociations.      See    Mutual    Beiiffit    Associations. 

OfTensfH    against   p\iblic  utility   art  by   corporations   other   than    public   utilities, 

penally    for,    p.    ITi^T,    Act    2«H6,  §  78. 
OfTonsfs    aeainst    puMic    utility    act    by    officers    or    employees   of    eorporations 

other   than   public    utilities,   penally  for,   p.   1788,   Act   2886,  $  79. 
Public   utilities.      See    Public    Utilities. 
Keligioua,       social     and     benevolent     corporations.      See    Religious,     Social     and 

Benevolent   Corporations. 
Seminaries  of  learning.      See   Seminaries  of   Learning. 

Kervice   of   sumnions  on  may  be   made   by   public^ition   when,   p.    17.  J -412. 
Htock    in   name   of   pledgee   or  tnislee,    how   represented,   p.    114.  5  313. 
.Slock    of  minor,    insane   person  or   decedent,   hi)w    represented,   p.    IM,  §  313. 
Stuck   of  public   utility   corporations.      Sec   Public   Utilities. 
Surety   comjianies.      See   Surety    Companies. 
Taxation   ot   for  benefit  of   state,   p.  2151,    Act   4065. 
Trust  companies.      Bee  Trust   Companies. 
Trust   corporations.      See   Trust  Corporations. 

CORPORATIONS  FOB  PREVENTION  OF  CRUELTY  TO  CHnJ)REN  AND 

ANIMALS. 
Alkiwuiices    to    by    city,    amount    of   and    how    paid.   p.   139,  i  (iu7f. 
Ihunane   oflicer,    acting  as  without  nuthurity   a   misdemeanor,   p.    140,  |607f. 
Humane    officers,    appointment,    filing    certified    copy    of    approval    with    county 

clerk,    p.    140,  §  COli. 
Iluniane   oflicer.s,    appointments,    how   made,    p.    140,  {  607(. 
Humane   officers,   appointment,    report   of   to   judge   and   duly    of   juilire     r>     111. 

§  607f. 
Ilntnane   officers,  arresting  ofTender,  showing  badge,  p.  140.  {  607f. 
ilnuiane   officers,    issuing   false   statements  as   to  a   misdemeanor,   p.    14u,  J  i.nTf, 
lluinaim   officers,    number   that   may   be   appointed,   p.   140,  i  607f. 
lluniano   officers,    oath    ot,    p.    140,  S  007f. 
Humane   officers,  powers   of,   p.   140,  J  607f. 
Humane   officers,   (lualifications   of,   p.    140,  §  607f. 
Hninane   officers,    record    of   by   county    clerk,    duty    as   to   and    fee    for,   p.    14''. 

§  (i<i7f. 
Huiuanu   officers,   revocation    of    appointment,    right     of     and     prurcedings     on, 

p.    140,  §  607f. 
Humane   officer,  resisting   a   misdemeanor,    p.    140,  (  607f. 
Hiiinaiie   officers,   right    to  carry  weapons,   p.   140,  (  607f. 

CORRECTIONS.      See  State  Board  of  Charities  and  Corrections. 

COSTS. 

Abandonment    of    condemnation    proceedings,    on,    p.    70,  }  1255a. 

Appeal,   costs  on.      See   .\ppenl8. 

Attorneys'   fees   in   partition   proceedings,   p.   34.  §  763. 

Hankniptcy,   allowance   of   costs   in,   p.   860,   Act   283. 

Mniutamus,    in.      See    Maiulnmus. 

Meehnnics'   liens,   in  suits   to   foreclose,  p.   56,  §  1195. 

Partial  distribution  of  estate,  applicant  to  bear,  p.  86,  S  1661. 


INDEX.  2407 

COTENANCY. 

Purtilioii.      See   Partition, 

COUNTIES. 

Acceptaiico  of  gifts  and  levy  of  taxes  for  monuments  to  California  Pioneers, 
p.   1201,  Act  1356a. 

Authorized  to  acquire  rights  of  way  for  and  to  construct  state  highways, 
p.   1233,   Act   1458a. 

Bonded  indebtedness  existing  on  separation  of  state  and  local  taxes,  appropri- 
ation to  pay,  p.  2185,  Act  4067a. 

Burial  of  ex-Union  soldiers,  sailors  and  marines  at  public  expense,  p.  1951, 
Act  3693. 

Charter,   county  adopting,   tenure  of  existing  officers,  p.  512,  §  4021. 

Charter,  officers  first  appointed  under,  successors  of  existing  olficers,  p.  571, 
S  4021. 

Charter,   officers,  terms  of  where  charter  adopted,  p.  571,  §  4021. 

Claim   against    approval   by   officer  directing   expenditure,   p.    588,  §  407C. 

Claims   against,   approval  of  and  proceedings   on,   p.   589,  §  4076. 

Claims   against,    form   of,   p.    589,  §  4076. 

Claims  against,  power  of  supervisors  to  modify  procedure  for  presentment  and 
allowance  of  claims,  p.   588,  §  4076. 

Claims  against,  proceedings  where  claim  not  considered  because  not  itemized, 
p.   588,  §  4075. 

Claims  against,   time  to  present  and  file,  p.  588,  §  4075. 

Claims  against,  to  be  filed  with  clerk  three  days  prior  to  meeting  of  super- 
visors,   p.    588,  §  4076. 

Claims  against  to  be  itemized,   p.   588,  §  4075. 

Claims   against,  verification  of,  p.  588,  §  4075. 

Classification  of,  p.   566,  §  4006. 

Compilation  and  publication  of  reports  of  financial  transactions  of,  p.  1054 
Act   804. 

Condemning  plant  of  public  utility,  right  of  and  procedure,  p.  1759,  Act  2886 
§  47. 

County  government.      See    County    Government. 

Debtors  of,   settlement  with  by  auditor,  p.   591,  §  4093. 

Funds.      See    Funds. 

Interest  on  state  highway  bonds,  payment  of  by  counties,  p.  1241,  Act  1468b. 

Notice  to  board  of  control  and  treasurer  of  bonds  for  sale,  p.  330,  §  678. 

Officers,  county,  what  offices  are,  p.  570,  §  4013. 

Offices,  what  offices  may  be  consolidated,  p.  571,  §  4017. 

Officers  of  particular  county.      See  particular  title. 

Officers  of.      See  Offices  and  Officers. 

Offices,    consolidation  of  where   organized  under   charter,   p.   2148,    Act   4043. 

Orphans.      See   Orphans;    Orphan   Asylums. 

Parks.      See  Parks. 

Parole   commissioners  for  counties.      See  Parole   Commissioners. 

Particular  counties.      See  particular  title. 

Playgrounds.      See  Playgrounds. 

Public  buildings,  cities  and  counties  authorized  to  join  in  constructing,  p.  1698, 
Acts  2821,  2822. 

Reimbursement  of  for  losses  in  railroad  taxes,  p.  2185,  Act  4067;  p.  2186, 
Act   4067a. 

Sealer  of  weights  and  measures,   appointment  of,  p.  2344,  Act  4384. 


2408  INDEX. 

COUNTIES  (Continued). 

State  highway  bonds,  payment  of  interest  on  by  counties,   p.   1241,  Act  14C8b. 

Wiping  rags,  regulation  of  use  of,  p.   1720,  Act  2840b. 

First  class.      See   Los  Angeles  County. 

Second  class.      .See  San  Francisco. 

Third  class.      See  Alameda  County. 

Fourth   class.      See    .Santa    Clara    County. 

Fifth   class.      See   P'resno   County. 

Sixth  class.      See   Sacramento  County. 

Seventh    class.      Sec    San    Diego    County. 

PJighth  class.      See  San   Bernardino  County. 

Ninth  class.      See  San  Joaquin  County. 

Tenth  class.      See   Sonoma  County. 

Eleventh    class.      See    Kern    County. 

Twelfth    class.      See    Tulare    County. 

Thirteenth   class.      See    Riverside    County. 

Fourteenth  class.      See  Orange  County. 

Fifteenth   class.      See   Ilunibotdt   County. 

Sixteenth    class.      See   Contra    CorIu   County. 

Seventeenth  class.      See  Santa  liurbara  County, 

Eighteenth   class.      See   Solano   County. 

Nineteenth  class.      See  Butte  County. 

Twentieth  class.      See   San   Mateo  County. 

Twenty  first   class.      See   Santa   Crui   County. 

Twenty-second  class.      See   Marin  County. 

Twenty-third  class.      See  Monterey  County. 

Twenty-fourth  class.      See  Mendocino  County. 

Twenty  fifth   class.      See   Stanislaus   County. 

Twenty-sixth   class.      See   Napa   County. 

Twenty-seventh    class.      See    San    Luis   Obispo    County. 

Twenty  eighth   class.      See   Shasta   County. 

Twenty-ninth    class.      See    Siskiyou    Couuty. 

Thirtieth   class.      See   Ventura   County. 

Thirty  first   class.      See  I'lacer  County. 

Thirty  second    class.       See    Kings    County, 

Thirty-third  class.      See   Merce<l  County. 

Thirty  fourth   class.      See    Nevada   County. 

Thirty  fifth    class.      See    Yolo    County. 

Thirty  sixth    class.      See   Imperial   County. 

Thirty  seventh   class.      See  Tehama   County. 

Thirty-eighth    class.      See    Yuba    County. 

Thirty-ninth  class.      See  Tuolumne  County. 

Fortieth   class.      See   Calaveras    County. 

Forty  first   class.      See   .-\inador  County. 

Forty-second  class.      See   Madera   County. 

Forty  third   class.      See    San   Benito    County. 

Forty  fourth   class.      See    Colusa    County. 

Forty  fifth   class.      See  El   Dorado  County. 

Forty  sixth   class.      See  tilenn   County. 

Forty-seventh    class.      See    Inyo    County. 

Forty-eighth   class.      See    Sutter   County. 

Forty  ninth  class.      See  Modoc  County. 

Fiftieth  class.      See  Lake  County. 


INDEX.  2409 


COUNTIES  (Continued) . 

Fifty-first  class.      See  Plumas  County. 
Fifty-second  class.      See   Lasstn   County. 
Fifty-third  class.      See   Sierra  County. 
Fifty-fourth  class.      See  Mariposa  County. 
Fifty-fifth  class.      See  Trinity  County. 
Fifty-sixth  class.      See  Del   N'orte   County. 
Fifty-seventh  class.      See   Mono  County. 
Fifty-eighth  class.      See  Alpine  County. 

COUNTY  BOARD  OF  HORTICULTURE. 

Continues    in    office    until    appointment    of    county    horticultural    commissioner, 

p.  493,  §  2322. 
County  horticultural   commissioners.      See   County    Horticultural   Commissioners. 
Succeeded  by   county  horticultural   commissioner,   p.  493,  §  2322. 

COUNTY  CLERK. 

Afknowledpment,  may  take,  p.  155,  §  1181. 

Additional   deputies   on   creation   of   new   judgeships,    p.    816,  §4290. 

Additional   help   for,  provision   for  compensation  of,   p.   1056,    Act  830. 

Ballots,  duly   as   to,  p.   362,  §  1196. 

Collections,  payment  of  into   tre.isury,  p.   593,  §  4101a. 

Collector,  county  clerk  or  deputies  cannot  act  as,  or  for  collection  agency, 
p.   820,  §  4316. 

Consolidation   of   offices   of   county   clerk    and   auditor,    p.   571,  §  4017. 

Consolidation   of   offices   of   county   clerk   and  recorder,  p.   571,  §  4017. 

Consolidation    of   offices   of   county   clerk,    auditor    and    recorder,    p.    571,  §  4017. 

County  officer,  is,  p.   570,  §  4013. 

Deputies,   additional,   where  new  judgeships  created,  p.   815,  §  4290. 

Examination  of  records  of  convictions  of  crimes  and  cancellation  of  registra- 
tions,  p.   353,  §§  1106.   1106a. 

Fees,   accounting  for  and  payment  into  treasury,  p.  819,  §  4300c. 

Fees  of,  p.  817,  §  4300a. 

Fictitious  names,  filing  with  and  register  of.      See  Names;    Partnership. 

Humane  officers,  record  of  appointments,  duties  as  to  and  fees  for,  p.  140, 
§  607f. 

Law,  county  clerk  or  deputies  cannot  practice,  or  have  law  partner,  p.  820, 
§  4316. 

Particular  county,  of.      See  particular  county. 

Supplying  auditor  with  report  of  commitments  to  public  institutions,  p.  1056, 
Act    831. 

COUNTY  FIRE  INSURANCE  COIMP ANTES. 

Limit  on  risks  outside  of  counties  and  in  cities,  p.  1286,  Act  1667. 

COUNTY  FORESTRY.      See  Forestry. 

COUNTY    FREE    LIBRARIES.      See    Free   Libraries. 

COUNTY    GOVERNMENT. 

County    ofticers    performing    municipal    duties,    apportionment    of    compensation 

and  expenses,   p.   817,  §  4290. 
Deputies  paid  by  principals  out  of   their  salaries,   p.   815,  §  4290. 


2410  INDEX. 

COXTNTY  GOVERNMENT    (Continued). 

Direct   tax  for   salaries   where  fees  insuffirient,   p.   820.  §  4305. 

Fees   constitute  salafy  fund,   p.   820,  $  4305. 

OfficerB,   what   not   to   act   as   collectors,   p.   820,  {  4316. 

Officers,   what  not   to   act   as   notary,  p.  820.  i  4316. 

Officers,   what   not   to   practice   law  or  have    law   partner,   p.   820,  J  4316. 

Particular  county.      See  particular  county. 

Repeal  of  act  of  1897  relating  to.  p.  1057,  Act  837. 

Salaries  and  fees  to  be  in  full  compensation,  p.   815,  {  4290. 

COUNTY  HORTICULTURAL  COMMISSIONER.      See  State   Board  of  Horticnltnral 

Examiners;    State   Horticultural  Coramifsioner. 
Appointees   of,    p.   495,  §  2322b. 
Appointment  of  by  supervisora  from  list  of  elii;ible8,  on  petition  of  freeholders, 

p.   493,  5  2322. 
Appointment    where    no    persons    present    themselves    for    examination    or    none 

qualified,   p.   493.  $  2322. 
Bond  of,  p.  493,  j  2322. 

Deputies  and  inspectors,   appointment  of  and   term  of  office,  p;  495,  )  2322b. 
Duty   to  advise  himself  as  to  diseases,   pests,   etc..   p.   49«.  J  2322c. 
Examinations   of   candidates   for   appointment    as.   p.   493,  J  2322. 
Meetings    of    horticultural    commissioners,    duty    to    attend,    p.    498,  J  2322c. 
Office   and    expenses   of,    p.    493,  }  2322. 
Powers  of,  p.  495,  §  2322b. 
QunliBcations  of.  p.  493,  J  2322. 
Q\iaranline    puardian.    issuance    of    commission    to    by    stale    commissioner    and 

powers  as.  p.  495.  j)  23?2b. 
Record  of  official  arts,  to  keep.  p.  496.  5  2322c:  p.  497,  J  2322e. 
Report  of  to  state  commissioner,  p.  496.  {  2322c. 
Report  to  supervisors,  p.  497.  i  2322e. 

Salary   and   expenses  of.   p.   493,  {  2322:    p.   496.  i  2322d. 
Salary    and   expenses   of   deputies   and    inspectors,    p.    496.  |  2322d. 
State   horticultural   comniissionrr  is.   ex   officio,   p.   492.  f  2319f. 
Successor  to  county  boards  of  horticultore.  p.  493,  (  2322. 
Term  of  office  of,  p.  40.T.  $  232'J. 
Vacancy,   flllinp  of,   and   term  of  office  of  appointee,   p.  493.  }  2322. 

COUNTY   IRRIGATION   DISTRICTS. 

Kormalion,   maiiai;i>meiit    and  dissolution   of,   p.    1350.    Act    1732f. 

COUNTY   JAILS.       See   .Tails 

COUNTY   LIVESTOCK   INSPECTOR.      See   Livestock    Inspector. 

COUNTY  WATER   DISTRICTS.      See   Water  Districts. 

COURT    COMMISSIONER. 

Acknowlcdenieiit,    may   take,   p.   155,  5  1181. 

COURT  REPORTERS.      See  Shorthand  Reporters. 

COURTS.      See     district    Courts    of    Appeal;     .ludfres;     Superior    Judges;     Supreme 

Court. 
Preference  of  cnu.«es  arisii>K  under  public  utility  act  on  court  calendar,  p.   17S.1. 

Act   2886.  i  60. 
Rules  of.      See  Rules  of  Court. 


INDEX.  2411 

CRABS.     See  Game  Laws. 
CRAPPIE.      See  Game  Laws. 
CRAWFISH.      See  Game  Laws. 

CREDIT. 

Commission  to  investifrate  European  system  of  rural  credits,  creation  of,  p.  845, 

Act  78c. 

CREDIT  INSURANCE  COMPANIES. 

Capital   stock   required  of,   p.   309,  §  .594,   subd.   16. 

What  included  in  credit  insurance,  p.  307,  §  594,  subd.  11. 

CRIMES. 

Particular   crime.      See   particular   title. 

Cancellation   of  registration   of  persons   convicted  of   crimes,   p.   353,  §  1106a. 

CRIMINAL  LAW. 

Cancellation   of  registration   of   persons   convicted  of  infamous   crimes,   pp.   353, 

354,  §§  1106,  1106a. 
Particular  crimes.      See  particular  title. 
Prisoners.      See  Prisoners. 
VThittier  State   School.      See  Whittier  State  School. 

CRIMINAL  PLEADING.      See  Indictment ;- Information. 

CRIMINAL  PRACTICE. 

Accomplice,    conviction   on   testimony   of,    p.   242,  §  1111. 

Appeal.      See  Appeal. 

Arraignment,   consists  in  what,  p.  238,  §  988. 

Arraignment,   who  to  make,  p.  238,  5  988. 

Counsel,  right  |f  defendant  to,  p.  232,  §  686. 

Defendants  in  A-iminal  actions,  rights  of,  p.  232,  §  686. 

Grand  jurors.      See  Grand  Jury. 

Husband    and    wife,    competency    of    as    witnesses    in    criminal    actions,    p.    96, 

§  1881:   p.   1279,  §  1322. 
Judge,   substituted,  powers  of,   p.   240,  §  1053. 
Judge,    substitution    of   on    death   or   illness    of   judge    or   inability    to   proceed, 

p.  240,  §  1053. 
Judgment,    inquiry   into    history,    antecedents,    environment,    etc.,    of   defendant, 

p.   247,  I  1203,   subd.   8. 
Judgment,  time  for  pronouncing,  generally,  p.  244,  §  1191. 
Judgment,   time   for  pronouncing  where   defendant's   sanity  questioned    p.   244, 

§  1191. 
Juvenile  court.      See  Juvenile  Court. 
Probation.      See   Probation;   Juvenile   Court. 
Sentence,    first    offenders,    sending    to    California    State    Reformatory,    p.    1012, 

Act  512. 
Trial,  speedy,  defendant  has  right  to,  p.  232,  §  686. 

What  offenses  prosecuted  by  indictment  or  information,   p.   232,  |  682. 
Witnesses,  right  of  defendant  to  be  confronted  with.  p.  232,  §  686. 
Witness,  testimony  of  at  former  trial,  when  may  be  read,  p.  232,  §  686. 
Witnesses,  testimony  of  taken  at  preliminary  examination,  when  may  be  read, 

p.  232,  §  686. 


2412  INDEX. 

CROPS.      See  Agriculture. 

CROSS-COMPLAINT. 

Divorce,   in.      See  Divorce. 

CROSSINGS.      See  Public  Utilities,  TT;  Railroads. 

CEXXELTT  TO  ANIMALS.      See  Corporations  for  Prevention  of  Cruelty  to  Children 

and   Animalx. 

CURATIVE  ACTS.      See  Acknowledgments;  Regivtration. 
CURLEW.      See   fiame   Laws. 

D 

DAIRIES.      See   Butter:    Cheese. 
Itiitter.      See    Adulteration. 
Cheese.      See    Adulteration. 
Cold    storace.      See    Cold    StoraRe. 
Cream.      See    Adulteration. 
Deception    or    fraud    in    production    and    sale    of   dairy    products,    preTenlion   of, 

p.   986.   Act    473. 
Manufacture   or  sale  of  dairy   products    from  unhealthy   animals,   prevention   of, 

p.    '.M<),    Act    47:1. 
Manufacture  or   sale   of  dairy   produri*    fmni    uiis.-«iiii«ry    cundiiionx.     prevention 

of,    p.    98(5.    Act    473. 
Milk.      See    Adulteration. 
Oleomarpnrine.      See  Olenmarirari'ie. 
Punishment   for  violation  of  law  reKulating  producing,  buying  and  selling  dair; 

products,    p.    986,    Act    473. 
Regulation     of    businesa    of     producing,     selling    and    baying    dairy     produ'-'*. 

p.    iMfi,    Act    473.  . 

Standard   for   evaporated   milk   and   condensed   milk,   eat«blsbment   of,    p.    lu'>.<. 

Act  878. 

DAMAGES. 

HIaiklislinp,    for,    p.    231,    $  653e. 

llichwnys    crossing    railroads,    street    railways,    canals    or   ditches,    damages    on, 

p.    SO.-i.    S  2(i94. 
Mandnmus,    in.      See    Mandamus. 
Public    utility,    liability    for    unlawful    acts    or    omissions,    p.    I'S.S,    Act    2*"'" 

i  73a. 
Public  utility,   punitive   damages   may   be   awarded   againat,   when,   p.    1785,    A-: 

2886,    §  73a. 

DAVIS. 

I'niversily    farm    at.      See    I'niversity    of    Calif"rnia. 

DEADLY   WEAPONS.      See   Weapons. 

DEAF  AND  BLIND  ASYLUM. 

.\piioiiilinfnt   of  directors  by  governor,   p.   291.  §  368. 

Berkeley,    luiililiii!;    for    instruction    in    manual    and    industrial    arts     erection    s'    i 
equipment  of,  p.   10,">9.   .Vet  895. 


INDEX.  2413 

DEAF  AND  BLIND  ASYLUM  (Continued). 

Berkfli'.v,    iiniiripvi'iiients   upon    grounds   and   streets   adjacent   thereto   authorized, 

p.    1059,   Act  894. 
Berkeley,    name    changed   to   California    School   for   the   Deaf   and   Blind,   p.   483, 
§§  2236,  2237. 

DEATHS.      See  Cemeteries:   Estates  of  Decedents;   Guardian   and  Ward. 

Applicant  for  public  land,  death  of  before  patent  issued,  proceedings  to  deter- 
mine  who   are  heirs,   p.   90,    §  1724. 

Certified   copies  of  death  record,   duty  to  furnish,   p.   1060,   Act  897. 

Certified  copy  of  death  record  as  evidence,   p.   1060,   Act  897. 

Child,  death  of,  pending  administration  of  estate,  proceedings  in  case  of, 
p.   87,   §  1665. 

Compensation  for  wrongful  causing  of,   p.   1060,   Act  896. 

Executor,  of.      See  Executors  and  Administrators. 

Executor  or  guardian,    of,   settlement   of   accounts,   p.   85,  §  1639. 

Fees  for  furnishing  certified  copies  of  death  record,  p.   1060,  Act  897. 

Guardian,   of.      See  Guardian  and  Ward. 

Parent,  custody  of  child  on,  p.  109,  §  197. 

Partition,  effect  of  death  pending,  p.  34,  §  763;  p.  36,  §  766. 

Partition  proceedings,  death  of  party,  effect  of  and  proceedings  on,  p.  34, 
§  763. 

Spouse,  of,  effect  on  homestead.      See  Homesteads. 

Vendor,  death  of  before  conveyance,  completion  of  sale  by  guardian  of  infant, 
p.  93,  §  1810a. 

DECEDENT'S  ESTATES.      See  Estates  of  Decedents. 

DEEDS. 

Executed  under  court  process  as  evidence  of  transfer,  p.  98,  §  1928. 
Lost,  actions  against  state  to  quiet  title  in  case  of.      See  State. 
Provision  against  additional  recording  of  instruments,  p.  593,  §  4135b. 

DEER.      See  Game  Laws. 

DEFAULT. 

Bill  of  exceptions  need  not  be  served  on  party  defaulting,  p.  30,  §  650. 
What  papers  need  not  be  served  on  party  defaulting,  p.  30,  §  650. 

DEFENDANTS. 

Criminal  actions,  in,  rights  of,  p.  232,  §  686.      See   Criminal  Practice. 
Criminal  actions,  testimony  before  grand  jury,   service  of  on,  p.  236,  §  925. 

DEFLMITIONS. 

Baggage,   p.   174,  §  2181. 

Bank.  p.  861,  Act  297,  §  2. 

Boulevard,  p.   121S,  Act    1449a. 

Mutual   fire   insurance    companies,    p.    1286,    Act    1672b. 

Pandering,   p.    1057,    Act    865. 

Pimping,  p.  1058,  Act  866. 

Policy  of  title  insurance,  definition  of,  p.  124,  §  453v. 

Surplus  line  broker,  p.  311,  §  596. 

Trust   companies,    p.    862,    Act    297.  §  6. 

Trusts,   court,  p.  911,   Act   297,  §  101. 


2414  INDEX. 

DEFINITIONS    (Continued). 

TruBt.s,    private,   p.    911,   Act   297,  S  101. 

Words  used  in  Political  Code  defined,  p.  260,  5  7. 

DELINQUENT   CHILDEEN.      See  Juvenile   Court. 

DEL  NOETE   COUNTY. 

Assessor,  salary  of,  p.  812,  S  4285,  gubd.  7. 

Auditor,  salary  of,   p.  812,  }  4285,  subd.  4. 

Classification  of,   p.  570,  S  4U06. 

Constables,   fees  of,   p.   812,  S  4285.   subd.    14. 

Coroner,  fees  of,  p.  812,  S  42 H5,  subd.  9. 

County  clerk,  deputy,  appointment  and  salary,  p.   912,  §  4285,  subd.  1. 

County   clerk,    salary   and   allowances  of,   p.   bl2,  S  4285,    subd.    1. 

District  attorney,    salary   and   fees  of,  p.   812.  i  4285,   subd.   8. 

Fish  and  game  warden,  salary  aiid  expenses  and  huw  paid,  p.  594,  J  4149d. 

Jurors,   ^rand,   fees   and   mileage,   p.   813,  S  4285,   subd.    17. 

Jurors,   trial,   fees  and   mileage,    p.   813,  {  4285,  aubd.   17. 

Justices,    fees   of,   p.   812,  $  42H5,    subd.    13. 

OfTicial   reporter,  salary  and  fees  of,  p.  813,  i  4285.  subd.    16. 

Population   of,   p.   5GC,  $  4005c. 

Public  administrator,   fees  of.  p.   812.  S  4285,   subd.   10, 

Recorder,    co|)yist,  appointment  and  salary  of,  p.  812,  S  4285,  subd.  8. 

Recorder,    salary  of,  p.   812,  {  4285,  subd.   .1. 

Registrar   of    voters,    salary,    fees,    allowauces,    deputies    and    assislants,    p.    COl, 

§  4149e. 
.SherifT,  jailer,   appointment  and   salary  at,  p.  812,  I  4285,   tlibd.  2. 
Sheriff,    salary  of,  p.  812,  {  42S5,  subd.  2. 

Superintendent  of  schools,  salary  of,  p.  812,  {  4285,   snbd.   11. 
Supervisors,   salary  and  mileaco  i>f,   p.   812.  }  4285,   subd.    15. 
Surveyor,    fees   of,   p.   812,  5  428."),    snbd.    12. 
Tax   collector,   salary  of,   p.   812.  S  4285,   subd.   6. 
'rrek."turir,   salary   of,   p.   812,  5  4285,   subd.    5. 

DENTISTRY. 

Kesulation  of  practice  of,   amemlnicnt  of  act   relating  to,  p.   1061,   .\rl  <»22. 

DEPARTMENT  OF  ENGINEERING. 

.\(lsis..ry    iM.jiril.    nuiiinc    powers   and   duties  of,   p.    1971.    .\ct    3812,  J  7. 

Advisory   board,   or;;anizntion   and   se.-il,    p.    1970,   Act    3812,  {  3. 

Advi.sory  board,  i)ower  as  repards  public  works,  p.    1971,   Act  3812.  J  7. 

Advisory  board,   who   to  constitute,  p.    1970,   Act   3812,  J  1- 

Appointment  of,   p.    1970.   .\ct   3812.  5  1- 

Architect,   state,  powers,  duties   and  bond,   p.   1973,   Act   3812,$  11. 

Cunnlization  of  rivers,   investigation   into  practicability  of,  p.  2331.   .\ct   4368a. 

Consists  of  whom.  p.   1970,  Act  3812,  S  1. 

Consulting  board,  number,  appointment,  powers  and  duties,  p.  1970.  Act  3812, 

§  IS. 
Cre.ition  of,  p.  1970,   Act  3812.  §  1. 
Hichway    engineer    and    assistants,    8ppointro<"i«     .Imiofi    and    salari-<<     p.    1971, 

Act  3812.  §  tia. 
Powers  and  duties  of.  p.  1970.  Act  3812,  S  1 
Public  works,  power  of  advisory  board  as  to,   p.    U'Tl,    Act    3812,  {  7. 


INDEX.  2415 

DEPARTMENT   OF  ENGINEERING  (Continued). 

Kcrtif  \  iii(,'  cIkiuiii'Ik  of  SacraiiiiMito,   San  Joaquin  and  Feather  rivers  and  appro- 

priiltion  for,   p.  233'J,   Act  4368b. 
Salaries  and  expenses  of  officers  and  assistants,  p.  1973,  Act  3812,  §  17. 
Salaries  and  wages,  revolving  fund  for,  p.   1974,  Act  3812,  §  19^ 
State  highways,  authority  and  power  regarding,   p.   1972,   Act  3812,  §  9. 
State  engineer,   appointment,   powers  and  duties  of,   p.   1970,   Act  3812,  §  2. 
State  engineer,   head   of  department,   p.   1970.   Act   3H12,  §  2. 
State  engineer  holds  at  pleasure  of  governor,  p.  1970,  Act  3812,  §  3. 

DEPENDENT  CHILDREN.      See  Juvenile  Court. 

DEPOSITIONS. 

Members  of  board  of  control  may  take,   p.   325,  §  659. 

Public  utility  commission  may   take,   p.   1774,  Act  2886,  §  56c. 

DEPOSITS. 

Hanks,   in.      See  Banks  and  Banking. 

DEPUTIES.      See  Offices  and  Officers. 

DESERTION. 

Seamen,   of,   provision   as   to   repealed,,   p.   230,  §  644. 

DICE. 

Use  of  dice  having  more  than  six  faces,  punishment'  of,  p.  199,  S  330a. 

DIPLOMAS.      See   Schools. 

DIRECT   LEGISLATION.      See   Initiative;   Referendum. 

DIRECT  PRIMARY  LAW.      See  Elections. 

DIRECTORS. 

Bank,  of.      See  Banks  and  Banking. 

Number  of,  in  corporations  not  organized  for  profit,  p.  13G,  §  593. 

DISCRIMINATION.      See  Unfair  Competition. 

DISEASE.      See  Animals;   Public  Health. 

Occupational,  reporting,  p.  1706,  Act  2827. 

DISINTERMENT.      See   Cemeteries. 

DISMISSAL. 

Dismissal  of  action  after  transfer  where  fees  not  paid,  p.  26,  §  581b. 

Filing  transferred  pleadings   anew  without   fee   after  dismissal,   p.   26.  §  581b. 

Indictment  or  information,  of,  as  a  bar,  p.  239,  §  1008. 

Proceedings  under  mechanic's  lien  law  for  want  of  prosecution,  p.  54,  §  1190. 

DISSOLUTION. 

Banks,   dissolution  of.      See  Banks  and  Banking. 

DISTRIBUTION. 

Estate  of  decedent,  of.      See  Estates  of  Decedents. 


2416  INDEX. 

DISTEICT  ATTORNEY. 

ConBolidation  of  oflices  of  district  attorney  and  coroner,   p.   571,  S  4020. 

County   officer,   is,   p.   570,  §  4013. 

Disqualification  of,   attorney  general  may  employ   special  counsel,   p.   302,  S  472. 

Duty   to  aid   in  enforcement  of  public  utility  act,   p.   1785,   Act   2986,  5  72. 

Election   officer  violating   law,  prosecution  of,  p.   347,  {  1095a. 

Monthly  count  of  money   in   treasury,   p.  592,  {  4097. 

Must  have   been   admitted   to  practice  in   the   supreme  court,   p.   575.  §  4023. 

Not  to  defend  any  person,  association  or  corporation  charged  with  crime,  p.  602, 

§  41.''>(ib. 
Particular  county,  of.      See  particular  county. 
Powers  and  duties  as  to  g^rand  jurors.      See  Grand  Jury. 

DISTEICT  COURT  OF  APPEAL. 

OfliccrR   of,   enumerated,   p.   337,  {  758. 
Officers  of,  salaries  of,  p.  337,  8  758. 

DITCHES.      See   Canals. 

DIVIDEND.      See   Fire  and  Marine   Insurance   Corporations;   Till*   Iniuraoce   Corpo 
rations. 
Banks,   by.      See  Banks   and   Banking. 

DIVORCE. 

Coniitlnint,   facts   required   to   be   Rtated.   p.    19.  $  42Ca. 

("ro.ssconiplaint  in,  crosscomplHinant  must  personally  Terify,  p.  106,  )  128. 
Crosscomplnint  in,  cross  coniiilainaiit  need  lu.t  be  a  resident,  p.  106,  }  128. 
Residence    of    plaintiff,    what    necessary,    p.    li'O,  i  128. 

DOCTORS.      See  Medicine. 

DONNER  LAKE. 

A|ipropri!ition    for   monument   in    memory   of   California   pioneers   near,   p.    1008, 

Act  502. 

DOVE.      See   Game   Laws. 

DRATNAOE   DISTRICTS. 

Knii'lo.vnent  of  expert   in  ajrriculture  by.  p.   845,   .\ct   78b. 

Knight's  Landing  ridpe   driiiiiacc   district,   act   relating  to,  p.   1062,   Act  977. 
Sacramento  and   Snu   Joac|uia  draina^re  district,   p.    1867,   Act   3035. 
Sacramento  draitiage   district,  repeal  of  act  creating,  p.    1083,   Act.  979. 

DRUGS. 

Adulterated,    mislabeled    or    misbrauded,    prevention    of    manuiacture,    sale    or 

transporlation,  p.  825,   Act   30. 
Arrest  of  drug  hn)>itues.  hearing  and  commitment  to  asylum,  p.  481,  ]  2185c. 
Bringing   into   prison,  jail   or  reformatory   a   felony,    p.   193,  $  171a. 
Prug  habitues  committed  to  asylum,  discharge  and  parole  of,  p.  481,  {  2185c. 
Poisons.      S'eo   Poisons. 
Regulation  of  sale  of,  p.  1664,  Act  2724. 

DRYDOCKS. 

Harbor   commissioners   authorized    to   construct    dryJocks   and   to   regulate    tolls, 
p.  1205,  Act  1430a. 


INDEX.  2417 

DUCKS.      See  Game  Laws. 
DYNAMITE,      See    Explosives. 


EDUCATION.      See   Schools. 

EaGS. 

Ould  storage,  regulation  of  sale  of,  pp.   1043,   1044,    Acts  625,  626. 

EL  DORADO  COUNTY. 

Assessor,   fees   and  salary   of,  p.   793,  §  4274,    suhd.    7. 
Auditor,   salary  and  allowances  of,   p.   793,  5  4274,   subd.  4. 
Board  of  education,  compensation  and  mileage  of,  p.  795,  §  4274,   subd.  16. 
Boundaries  of,  p.  564,  §  3927. 
Classification   of,  p.   569,  §  4006. 

Constables,   fees   and  expenses   of,   p.   794,  §  4274,   subd.   14. 
Coroner,  fees  of,  p.  793,  §  4274,   subd.  9. 

County  clerk,  deputy,   appointment  and  salary,  p.  792,  §  4274,   subd.  1. 
County   clerk,   salary   and   allowances   of,   p.    792,  §  4274,   subd.    1. 
District  attorney,   salary  of,  p.  793,  §  4274,   subd.   8. 

Fish  and  game  warden,   salary  and  expenses  and  how  paid,  p.   594,  §  4149d. 
Jurors,  grand,   compensation   and  mileage  of,   p.   795,  §  4274,   subd.   17. 
•  Jurors,   trial,   compensation   and  mileage  of,  p.   795,  §  4274,   subd.   17. 
Justices,  fees  to  be  turned  into  treasury,  p.  793,  §  4274,  subd.  13. 
Justices,   salaries   of,   p.   793,  §  4274,   subd.   13. 
Placerville  is  county  seat  of,  p.  564,  §  3927. 
Population  of,  p.  566,  §  4005c. 

Public  administrator,   fees  of,   p.   793,  |  4274.   subd.   10. 
Recorder,   copyist,  appointment   and  salary  of,   p.   792,  §  4274,  subd.   3. 
Recorder,   salary,  fees  and  allowances  of,  p.   792,  §  4274.   subd.   3. 
Registrar  of  voters,   salary,   fees,   allowances,   deputies  and   assistants,  pp.   600, 

601,  §  4149e. 
Sheriff,    salary,    fees,    commissions,    mileage    and    expenses    of,    p.    792,  §  4274, 

subd.  2. 
Superintendent  of  schools,   salary  and  expenses  of,  p.   793,  §  4274,   amhd.   11. 
Supervisors,    salaries   and  mileage  of,   and  expenses   as   road  overseers,  p.   794, 

§  4274,   subd.   15. 
Surveyor,  fees  of,  p.  793,  §  4274,  subd.  12. 
Tax    collector,    salary    and    commissions    on    licenses    collected,    p.    793,  §  4274, 

subd.  6. 
Treasurer,   salary   and  allowances  of,   p.    793,  §  4274,    subd.    5. 
Witness,  fees  of,  p.  795,  §  4274,  subd.  17. 

ELECTIONS.      See  Referendum. 

Affidavits.      See  post,  this  title.  Registration. 

Affidavits   and    indexes,    what    may    be   used    in    election    between    January    1st 

and  April   1st  of  year  of  new  registration,  p.   344,  §  1094. 
Affidavits,   before  whom   made,   generally,   p.   348,  §  1097,   subd.   5. 
Affidavits,  names  must  be  entered  in  duplicate,  p.   346,  §  1095. 
152 


2418 


INDEX. 


ELECTIONS   (Continued). 

Ballots   all   to   be   of   same   size,   arrangement,   paper,    type,   etc.,   p.    369.  ]  1197, 

subd.   7. 
Biillots,  ballot  pads  to  contain  not  less  than  ten  ballots,  p.  373.  {  1199. 
Ballots,   binding   of    in    books,    p.    373,  S  1198. 
Ballots,   blank   sparps   in    for  writing  names,    p.    362,  {  1196. 
Ballots,    books  of,  number  of  ballots  in,  p.  37.'t.  {  1198. 

Ballots,    duly   of   county   rlt-rk    to  furnish,    p.    a6'2,  {  1196;    p.   373,  S  1199. 
Ballots,    form    of,    p.    363,  {  1197. 

Ballots,   instructions   to   Toters   on,   p.   370,  J  1197.    subd.    10. 
Ballots,    length    of,    p.    3r,'J,  ;  1196;    p.    :if)4,  5  1197,    subd.    4. 
Ballots,    marking   of,    ballot    when    void   and    when    not.    p.    376.  I  1211, 
Ballots,    markH,    distingtiiKhing     not    to    be   plarod   on,    p.   376,  }  1215. 
Jiallots,    marks,    unauthorized,    when    only    invalidate,    p.    376,  {  1211. 
Ballots,   names   of   all   candidates    to   be   on,   p.    363,  S  1197,    subd.    1. 
Ballots,    names  to  be  printed  on,   p.   3r.2.  {  1196. 
Ballots,    none   but   officer    to    rcreive.    j).    376.  (  1215. 

liullots,   no  one   but   officer  to  exomino  or  U*  ask   to  aee,   p.   376.  }  1215. 
Ballots,    no  other  person   than  an  ofliror  to  dolivcr,   p.   376,  i  121.5. 
Ballots  not    printed    by    county     clerk    or    under    other    aulhuritjr    not     to    b- 

counted,    p.    362,  $  1196. 
Ballots   not  to  be   shown  after  they  arc   marked,   p.   376,  S  1215. 
Ballots  not  to  bo  removed  from  polling  place  before  closins  of  polls,   p.   37C. 

§  1215. 
Ballots,   number   to  be   furnished,   p.   373,  S  1199. 
Ballots,   one   form   of,    p.   303,}  1107,    subd.    1. 

Ballots,    order  of   names  of  officers,   pp.   364,   365.  S  1197,  subd.  2. 
Ballots,    order    of    questions    and    propositions,    p.    366,  |  1197,    subd.    8. 
Ballots,    paper  for,   p.   3(52,5  ll'.'ti. 
BalloLs,   printinR    names    of    candidates    for    United    States    senator    on.    p.    362, 

§  1106. 
Ballots,   questions    or    propositions    on.    attorney    general    to    prepare    form    of, 

p.   306,  §  1197,   subd.   3. 
Ballots,   (luestions    or    propositions    on,    distinguishing    ballot    title    from    legis- 

lativo   title,   p.    300,  §  1197,    subd.   3. 
Ballots,   questions   or    propositions   on,    duty    of    attorney    general    in    preparing. 

p.  3()0,  §  1197,  subd.  3. 
Ballots,   questions    or    propositions    on,    mailing    form   of   to    persons    interested. 

p.    3 00.  §  1197,    subd.    3. 
Ballots,   questions    or    propositions   on,    objections    to    form    of    and    proceedings 

on,   p.    360,  §  1197,   subd.    3. 
Ballots,   questions    or    propositions    on,     propositions    column,    p.     370,1  1197, 

subd.    9. 
Ballots,    questions    or    propositions    on,    statement   of    purpose,    p.    366,11197, 

subd.   3. 
Ballots,    questions   or   propositions   on,    submission    of   form   of   by    person   inter- 
ested, p.  366,  S  1197.  subd.  3. 
Ballots,    receiving  of  after  closing  of  polls,  p.   359,  i  1164. 
Ballots,    record   of.   p.   373,  §  1198. 
Ballots,    sample,   mailing   of,    p.    375,  §  1210. 
Ballots,    sample,    number    of,    p.    375,  5  1210. 
Ballots,    sample,   printing  of,  p.   375.  §  1210. 
Ballots,    separate,   for  every  election,   p.   362,    S  1196. 


INDEX.  2419 

ELECTIONS   (Continued). 

Ballott,,    titles  of  officers  to  be  on,  p.  363,  §  1197,  subd.  1. 

Ballut8,    to   contain   names  of   all   candidates,   p.   362,  §  1196. 

Ballots,   unused,   destruction   of,   p.   373,  §  1199. 

Ballots,   void,  to  be  preserved  and   returned  with  other  ballots,  p.   376,  §  1211. 

Ballots,   void,  when,  p.   376,  §  1211. 

Ballots,   voter  how  to  prepare,   mark  or  stamp,  p.   374,  §  1205. 

Ballots,  voter  may  write  in  name  of  any  person,  p.   362,  §  1196. 

Ballot,   voter   not   to   deliver  any   ballot   other   than   one   he   receives   to   officer, 

p.  ;n6,  §  1215. 

Ballot,   voter  not  to  receive  from  other  than  officer,  p.  376,  §  1215. 

Ballots,   where   office   to   be   filled   for   full   term   and  also   for   vacancy,   p.    369, 

§  1197,  subd.   8. 
Ballots,   where  two  or  more  officers   to   be  elected  for  same   office   for   different 

terms,  p.   369,  §  1197,   subd.   8. 
Ballots,  width  of,  p.  362,  §  1196;  p.  367,  §  1197,  subd.  4. 
Ballots,   writing    names    on,    p.    362,  §  1196. 
Ballots,   written    names   to   be   counted   when,   p.    376,  §  1211. 
Board  of  elections,    acting    as    officer    without    qualifications,    punishment    of, 

p.   357,  §  1142. 
Board  of  elections,    appointment  of,   p.    357,  §  1142. 
Board  of  elections,  apportionment  between  two  parties,  p.  357,  §  1142. 
Board  of  elections,  canvass  of  votes,  number  that  may  conduct,  p.  357,  §  1142. 
Board  of  elections,   consists  of  what  officers,  p.   357,  §  1142. 
Board   of   elections,    duties    of,   p.    357,  §  1142. 

Board  of  elections,   duties,   how  apportioned  among  officers,   p.    357,  §  1142. 
Board   of   elections,    eligibility  and  qualifications  of  members,  p.   357,  §  1142. 
Board  of  elections,   final  certificate  to  be  signed  by  majority,  p.  357,  |  1142. 
Board   of  elections,  notice  of  appointment,   p.   357,  §  1142. 
Board  of  elections,  not  more  than  two  members  to  be  absent  at  any  one  time, 

p.   357,  §  1142. 
Board  of  elections,  officers,  how  apportioned  among  parties,  p.   357,  §  1142. 
Board  of   elections,   person   acting  without   necessary  qualifications   or   refusing 

to  act,   punishment  of,  p.   357,  §  1142. 
Board  of   elections,  publication  of  names  of,   p.   357,  §  1142. 
Board  of  elections,   qualifications   of  officers,   p.   357,  §  1142. 
Board  of  elections,   refusal   to  act  as  officer  of,  punishment  of,  p.   357,  §  1142. 
Board   of   elections,   what   officers   constitute,   p.   357,  §  1142. 
Boulevard   districts,   in.      See   Boulevards. 

Candidates,    certificates  of  nomination,   filing  of,  p.   360,  §  1192. 
Candidates,   certificates   of  nomination,   time   of  filing,   p.   360,  §  1192. 
Candidates,   certifying   lists    by    secretary    of    state    to    county    clerks,    p.    365, 

§  1197,   subd.   2-a. 
Candidates,   certifying  names   of   candidates,   provision   as   to    repealed,   p.    361, 

§  1193. 
Candidates,   filing  of  certificates  of  nomination,  provision  as  to  repealed,  p.  359, 

§  1189. 
Candidates,   how  nominated  other  than  at  a  primary  election,  p.   359,  §  1188. 
Candidates,  limitations    upon    nominations,    provision    as    to    repealed,    p.    360, 

§  1190. 
Candidates,   nomination  of,  provision  as  to  repealed,  p.  359,  §  1186. 
Candidates,   nomination   otherwise   than   by  primary,   manner  of,   p.   359,  §  1188. 
Candidates,   nominations,    certifying    of,    provision    repealed,    p.    359,  §  1187. 


2420  INDEX. 

ELECTIONS    (Continued). 

Candidates,   nominations  in   lieu  of  primary,   manner  of,  p.   359,  S  1188. 
Candidates,   nominations    sent    to    county    committee,    provision    as    to    repealed, 

p.    .361,  §  1194. 
Canvass  of  returns,  additional  clerks  where  over  five  hundred  precincts,  p.  379, 

i  1280. 
Canvass  of  return,  notice  of  place  of  making,  p.  379,  {  1280. 
Canvass  of  returns     not   to  begin   until  all  returns  are  received,  p.   379,  i  1280. 
Canvass  of   returns,   place   where   made,    p.   379.  i  1280. 
Canvass   of    returns,    to   be    made    in    public,    p.    379,  {  1280. 
Canvass   of   returns,    when   to  begin,   p.   379,  J  1280. 

Cards  of  instructions  for  voters,  printing  and  posting  of,   p.   375,  S  1210. 
Challenge,   grounds   for,   p.   377,  i  1230. 
Challenge,  how  determined  or  tested,   p.  378,  S  1235. 
Challenge,  may  be  oral,  p.  377,  }  12.30. 

Challenge,   proceedings  on  determination   of,   section   repealed,   p.   378,  S  1258. 
Challenge   of   vote,   right   of,   p.    373,  {  1204. 
Choosing  delegates  for  political  parties,  p.  1084,  Art   1010. 
Clerk,  duties  of,  p.  342,  $  1078. 

Commissioners  in   cities  and  counties  over  400.000.      See  S«n   Francisco. 
Commissioners   of,  city,   clerk  or  secretary  of  common  council  is  es-officio  clerk 

or  secretary  of,  p.   342,  S  1077. 
Commissioners  of,  city,  common  council  are,  p.  340,  {  1075. 
Commissioners  of    county,  county  clerk  is  exofficio  clerk  of,  p.  342,  i  1077. 
Commissioners  of    county,   county   supervisors  are,  p.  340.  |  1075. 
Commissioners  of,  deputies  and  clerks,  •ppoiniment,  qualificalions,  salaries  and 

clerks,   p.   342,  i   1077. 
Commissioners  of  in  San  Francisco.      See  San  Francisco. 
Congressional    election    returns,    abstract    of,    clerk    to    seal,    indorse    and    trans 

mil  to  secretary  of  state,  p.  381,  }  1345. 
Consolidation   of,    authnrized,    p.    1134,    .\ct    1022. 
Consolidation  of,   procedure,  p.   1134,   Act   1022. 
Constitutional    amendments.      See    Constitution. 

Kleclioneering  within   one  hundred  feet  of  polls  forbidden,  p.  876,  i  121S. 
Elector,  certified  copy  of  uncanceled  registration  is  evidence  that  one  ia,  p.  355. 

§  1117. 
Elector  not   to  apply  for  or  receive  ballot   except  at   precinct  where  entitled   to 

vote,   p.   37(5,  S  1215. 
Electors  of  President  and  Vice  President,  nomination  of,  p.   1084,  Act   1010. 
Electors,    qunliflcations    of,    p.    343,8  1083;    p.    347.  S8  1096,    1097. 
Electors,    qualified,    who   are.    p.    343,  J  1U83. 
Electors,  who  entitled  to  vote,  p.  355.  {  1120;   p.  356,  S  1121. 
Evidence  that  one  is  an  elector,  copy  of  uncanceled  registration,  p.  355,  (1117 
Expenditures    for   election    purposes,    control    and   supervision    over    by    coram  ;^ 

sioners,    p.    343.  §  1079. 
Expenditures  over  $500,  duty  to  call  for  bids,  p.  843,  $  1079. 
Holding  between  January    Ist  and   April   1st   of  year  of  new   registration,   what 

atfidavits  may  be  used,  p.  344,  {  1094. 
Initiative  petitions,  who  may  sign,  p.  344,  §  1083a. 
Tnspectors,   powers  of,   p.   S.SS,  §  1145. 

Instructions  to  voters,  cards  of,   mailing  and  posting,  p.  375,  |  1210. 
Landlords,  duty  to  furnish  lists  of  lodgers  and  penalty  for  refusal,  or  for  falsa 

list,   p.   344,  S  1094. 


INDEX.  2421 

ELECTIONS    (Continued). 

Lists   furnished   by   landlords   or   lodging-house   keepers,    duty   of   officers    in   re- 
lation to,  p.  344,  §  1094. 
Lists  of  persons  whose  votes  are  to  be  challenged,  furnishing  to  officers,  p.  344, 

§  1094. 
Lists   of   voters   and   tally   lists   to   be   retained   and   open    to   inspection   for   six 

months,  p.   379,  §  1216. 
Local  option,  election  on  question   of,   p.   1301,  Act  1696. 
Lodging-house  keepers,  duty  to  furnish  lists  of  lodgers  and  penalty  for  refusal 

or  for  false   list,   p.   346,  §  1094. 
Mailing  sample  ballots  to  electors,  p.  375,  §  1210. 
Mailing  voting  number  of  elector  and  location  of  polling-place  to  voters,  p.  375, 

§  1210. 
Marriage,   change   of  name   by,   manner  of   voting,   p.   373,  §  1204. 
Municipal,  how  conducted,  p.  339,  §  1044.  * 

Municipal,   registers  to  be  used  at,  p.   356,  §  1121. 
Municipal    registration,    necessity    of    and    how    made,    p.    355.  §  1120;    p.    356, 

§  1121. 
Municipal,  who  entitled  to  vote  at,  p.  355,  §  1120:   p.   356,  §  1121. 
N6niinating  petitions,  who  may  sign,  p.  344,  §  1083a. 
Number  of  voles  necessary  to   elect,  p.   339,  §  1066. 
Oath,  false,  is  perjury,  p.  342,  §  1077. 
Oaths,  what  oificers  may  administer,  p.  342,  §  1077. 
Officers,    assigning    or    receiving    assignment    of    compensation    a    misdemeanor 

when,  p.  340,  §  1072a. 
Officers,   electioneering  on   election   days   within   one  hundred   feet   of   polls   for- 
bidden, p.  376,  §  1215. 
Officers,    not    to    disclose    names    of    candidates    for    whom    electors    have    voted, 

p.  376,  §  1215. 
Officers  of.      See  Offices  and  Officers. 

Official  matter  only  to  be  mailed  to  elector,   p.   375,  §  1210. 
Paper  for  election  ballots,  duty  as  to,  p.   362,  §  1196. 
Party  county  central  committees,  election  of,  p.   1084,  Act  1010. 
Petitions,  qualifications  for  signing,  p.  344,  §  1083a. 
Polls,   closing  of,   proclamation  at,  p.   359,  §  1164. 
Polls,   closing  of,   receiving  ballots   after,   p.   359,  §  1164. 
Polls,   opening   and   closing  of,   time   of,   p.    359,  §  1160. 
Presidential   election   returns,   duty   of   clerk   to    seal   and   transmit   to    secretary 

of  state,  p.   380,  §  1309. 
Presidential  electors,   form  of  ballots,  p.   364.  |  1197.   subd.   2-a. 
Presidential  electors,   voting  for,  p.   364,  §  1197,   subd.   2— a. 
President,   provision  for  expressing  choice   of   electors  for  at   election,   p.    2240, 

Act   4232. 
Primary,  act  of  1909  providing  for  and  regulating,  repeal  of,  p.  1122,  Act  1013. 
Primary,   act  of   1911,   repeal   of,   p.    1083,   Act    1009. 
Primary,  act  of  1913  providing  for  and  regulating,  p.  1084.  Act  1010. 
Primary,   number   of   indexes    to    registration    affidavits    to    be    printed,    p.    355, 

§  1115. 
Primary,  presidential,  act  relating  to,  p.  2240.  Act  4232. 
Primary,  provisions  as  to  repealed,  pp.  382,   383,  §§  1357—1375. 
Primary,  repeal  of  provision  as  to  keeping  office  open  fifty  days,  p.  355.  §  lllO. 
Primary,   repeal    of   provisions   for   qualifications    and   registration    of    voters    at, 

p.   355,  §  1118. 
Proportion  of  votes  necessary  to  elect,   p.   339,  §  1066. 


2422  INDEX. 

ELECTIONS   (Continued). 

Public  utilities,  on  surrender  or  control  of  by  cities,  p.  1790,  Act  2886a. 

Recall  petitions,  who  may  sign,  p.   344,  §  1083a. 

Referendum  petitions,  who  may  sign,  p.  344,  {  1083a. 

Referendum,   under.      See  Referendum. 

Registers  used  at  special  or  consolidated  election,  p.  356,  {  1121. 

Registrar,   appointment,    term   of  ofRce   and   compensation,   p.   .S9.S.  {  4149e. 

Registrar,  county  clerk  acts  nntil  appointment  of.  p.  602.  S  4149f. 

Registrar,  deputies    of    succeed    to    powers    of    deputy    county    clerk,    p.    602, 

5  4149f. 
Registrar,  is  county  officer,  p.  570.  {  4013. 
Registrar,  oath  and  bond  of,  p.  595,  S  4140e. 
Registrar,  powers  and  duties  of,  p.  377,  5  1216. 
Registrar,  particular  county,  of.      See  particular  title. 
Tiegislriw,  provisions  as  to  powers  and  duties  of  county  clerk  apply  to.  p.   377. 

J  1216. 
Registrar,   succeeds    to    the    powers    and    duties    of    the    county    clerk,    p.    60J. 

§  4149f. 
Registrar    to  perform  duties   imposed  upon  county  clerk,  p.  588,  i  4068. 
Registration,  affidavits,  arrangement   and  binding  of,  p.  354.  {  1113. 
Registration,   affidavits,    before    whom    made    where    voter    absent    from    county. 

p.   348,  §  1097,  subd.  5. 
Registration,  affidavits,  blanks  for,  form  of  and  what  to  contain,  p.  347,  {  1095a 
Registration,  affidavits,  blank  forms  for,  binding  in  pads  of  one  hundred,  p.  347. 

§  1095a. 
Regi8tration,  affidavits,  contents  of,  p.  347,  I  1096;   p.  348,  i  1097.   subd.  7. 
Registration,  affidavits,  deputies  to  receipt  for  books  of  and  to  be  charged  with. 

p.    347,  §  1095a. 
Registration,  affidavits,  duty  to  return  when  registration  closed  and  penalty  for 

failure,   p.    317.  §  1095a. 
Registration,  .iffidavits.  facts  to  be  stated,  p.  348,  S  1097,  subd.  7. 
Registration,    affidavits,   form  of,   p.   348.  S  1097.   subd.   7. 

Registration,    affidavits,    index,    fees    for    copies    furnished    candidates,    how    dis- 
posed of,  p.  355,  §  1115. 
Registration,    affidavits,    index,    furnishing    copies    to    candidates    and    fees    for. 

p.   355,  §  1115. 
Registration,    affidavits,    index,    general,    arrangement    and    binding    of,    p.    35'>. 

5  1115. 
Registration,   affidavits,   index,   general,    keeping   in    ofRre   for   general   referencv 

p.   355,  §  1115. 
Registration,  affidavits,  index,  preparation  and  contents  of,  p.  355.  $  1115. 
Registration,   affidavits,   index,   printing   and   distributing,   p.   355,  {1115. 
Registration,  affidavits,  numbering,   p. ^47,  S  1095a. 
Registration,    affidavits     of   persons   gaining   citizenship    through    father,    p.    S.^*^. 

§  1097a. 
Registration,  affidavits,  original  and  duplicates,  p.  347,  {  1095a. 
Registration,  affidavits,  printing  controlled  by  writing,  p.  348,  {  1097.  subd.  7. 
Registration,   affidavits,  what  to  contain,  p.   347,  J  10;16. 
Registration,    cancellation    of,    cases    in    which    registration    must    be    canceled, 

p.  353,  §  11  or.. 
Registration,   cancellation  of,   how   made.   p.   353.  J  1105. 
Registration,   cancellation   of   illegal   registration,   compelling   by    action,   p.   354, 

§  1109. 


INDEX.  2423 

ELECTIONS   (Continued). 

Registration,    cancellation    of    registration    of    insane    person,    p.    335,  §  liofi, 

subd.  9. 
Registration,     cancellation     of    registration     of    persons     convicted     of     crimes, 

pp.   354,   355,  §§  1106,   1106a. 
Registration,    cancellation    of    where    voter    refuses    to    obey    citation,    p.    344, 

§  1094. 
Registration,   certified   copy   of  uncanceled  registration  is   evidence   that   one   is 

an   elector,   p.   355,  §  1117. 
Registration,   citation   of  voter  and  landlord  or  lodging-house  keepers  and  pen- 
alty for  refusal  to  appear,  p.  344,  §  1094. 
Registration,  compelling  by  action  where  refused  registration,  p.  354,  §  1108. 
Registration,    compelling    cancellation    by    action,    elector    registered    as    party, 

p.   354,  §  1109. 
Registration,    duty   of   landlords   and   lodging-house   keepers    to    furnish    lists   of 

lodgers,   p.  344,  §  1094. 
Registration,  entries,  provisions  of  code  as  to  mandatory,  p.  346,  §  1095. 
Registration,  entries  to  show  what,  p.  347,  §  1096. 

Registration,  for  special  or  municipal  elections,  how  made,  p.  355,  §  1120. 
Registration    for  municipal   or  special  elections,   necessity  of,   p.   355,  §  1120. 
Registration,    how    effected    where    voter    absent    from    county,    p.    348.  §  1097, 

subd.  5. 
Registration,   index,    general,    to    books    of    affidavits,    preparing    and    binding, 

p.  355,  §  1115. 
Registration,  index  to  books  of  affidavits,  p.  355,  §  1115. 
Registration  of  electors,   legalized,  p.  1135,  Act  1022a. 
Registration,  manner  of,  p.  347,  §  1095a. 
Registration,    marriage,    proceedings    where    name    changed    by,    p.    348,  §  1097, 

subd.  6. 
Registration,    marriage,    showing     required     where     citizenship     is     by,     p.     348, 

§  1097. 
Registration,   names  must  be  entered  in  duplicate,  p.  346,  §  1095. 
Registration,   naturalized  voters,    showing  required,   p.   348,  §  1097. 
Registration,   neglect   or  refusal   of   officer   to   do   duty   a   misdemeanor,   p.    344, 

§  1095. 
Registration,  new,  on  each  even-numbered  year,  p.  344,  §  1094. 
Registration,   new,   what   affidavits  may  be  used  where   election   between   Janu- 
ary 1st  and  April   1st  of  year  of,  p.   344.  §  1094. 
Registration,   outside  of  office  of  county  clerk  or  of  registrar,   power  of  board, 

p.   344,  §  1094. 
Registration,  place  of,   generally,   p.   344,  §  1094. 
Registration,  place  of,  outside  of  office  where  registration  over  85,000,  p.   344. 

§  1094. 
Registration,  precinct,  p.  344,  |  1094. 

Registration    proceedings  where  affidavits   spoiled,   p.   347,  §  1095a. 
Registration,   qualifications   for.   pp.   347,    348,  §§  1096,   1097. 
Registration,   showing  required,  p.   348,  §  1097. 
Registration,  stjatement  of  political  party,  p.  348,  §  1096. 
Registration,  time  for  commencement  and  closing  of,  p.   344,  §  1094. 
Registration,   transfer  of.   affidavit  on,   p.   344.  §  1094. 
Registration,    transfer   of,    citing  voter   to    appear   on   question   of   residence    and 

proceedings  on  failure  to  appear,  p.   344,  §  1094. 
Registration,  transfer  of,  within  what  time  may  be  made,  p.   344,  §  1094. 


2424 


INDEX, 


ELECTIONS    r  Con  tinned). 

Kepisiration,  who  to  be  registered  to  be  entitled  to  rote,  p.  355.  {  1120. 

Keturns,  district  elprtion.   abs'.:-.i-»   of,  p.  380.  5  128.i. 

Rt'turns,  duty  of  clerk  to  seal,  indorse,  and  transmit  certified  abstract  ot,  p.  360, 

§§  1286,   1289,   1309;   p.   381,  iS  1334,   133.5,   1345. 
Returns,  incomplete  or  ambi^ous,  correction  of,   p.  379,  S  1281a. 
Returns,   incomplete  or  amhi^ous,   subpoenaing  and  examining  officers,  p.   379, 

S  1281a. 
Secretary  of  election   commission,   duties  of,   p.   342,  }  1078. 
School.      See   Schools. 

Special,   boards   of  election   for,  p.   358,  J  1151. 
Special,   boards   of   election,    apportionment    of   among   political    parties,   p.    358, 

S  1151. 
Special,    boards   of   election,   apportionment   of   work,   p.    358,!  1151. 
Special,   boards   of  election,   consist   of  what   officer*,   p.   358,  {  1151. 
Special,  book  of  aflidavils  of  recislrntii'n   and   liils,   return  of,   p.   358,  i  1161. 
Special,  one  book  of  original  affidavits  of  registration  only  need  b«  kept,  p.  358, 

§  1158. 
Special,    one   poll    list    and    one   tally    list    and   copy   only    need    be    kept,    p.    358, 

§  1151. 
Special,  registers  to  be  used  at,  p.  357,  {  1121. 
Special,     registration,     neccsitity    of    and     how     made,    p.     355,  |  1120;     p.     356, 

§  1121. 
Special,   what  paper  may  be  used  at,  p.  362.  {  119«. 
Special,   who  entitled   to   vote,   p.   355.  {  1120:   p.   356.  {  1121. 
Statement   of   campaign   expenses,    p.    1133,    Act    li>21. 
Supervisors,   authority  of  over,  pp.  575,   576,  JJ  2.   3. 
Supplies  for,   election  officers  to  fuurnish,  p.  374.  {  1205. 
Tally    lists    to    be    returned    and    open    for    inspection    for    sis    months,    p.    !t79, 

S  1262. 
Tally  of  votes,  ballot   read  and   tally   sheet   to  be   within   view,  p.   378,  S  1258. 
Tally  of  votes,   clerks  must   keep.  p.   378,  (  1258. 
Tally  of  votes,   how  made,   p.   378.  J  1258. 
United    States   senators,    abstract    of    returns,    clerk    to    make   out,   indorse,    seal 

and   transmit   to   si-cretary   of  .^tnte.    p.    381.  |}  1334,    1335. 
United   States   senators,   estimating   and  declaring   rote  and   certifying  result    to 

gi«ernor,   p.   381,  §  1336. 
United    States    senator,    govenior   to    transmit   sealed    and   attested   certificate    of 

election,    p.    381,  §  1337. 
United   Sl.ites  senators,   repeal  of  act  providing  for  placing  names  of  cindidates 

on   ballot,   p.  2240,   .\cl    4231. 
United   States   senators,    vacancy   in   term,   time  of  holding  election    for,   p.    381, 

§  1.T33. 
United  States  senators,   time  of  holding  election  for,  p.  381.  t  1332. 
Voters,   how   to  prepare,   mark   or  stamp   ballot,   p.   374,  J  1205. 
Voter  not  to  be  nsked  for  whom  he  votes  at   polling-place,   p.  376.  {  1215. 
Voter  not  to  be  solicited  or  spoken  to  within  one  hundred  feet  of  pulls,  p.  376, 

§  1215. 
Voters,   who   entitled  to   vole.   p.   355.  {  1120. 
Voting,   ballot,   how   prepared   by   voter,   p.    374,  §  1205. 
Voting,   folding  ballot,   p.   374.  }  1205. 

Voting    machines,    amendments   of    1911    and   1913    of    Act   of    1903    relating   to, 
p.    1122,   Act   1020. 


INDEX.  2425 

ELECTIONS    (Continued). 

Voting,    maiiri.T  of,    p.   373,  5  1204;    p.   375,  §  1205. 

Voting,    marking   ballot,    p.    374,  §  1205. 

"Who   entitled   to  vote,   p.  355,  5  1120;   p.   356,  §  1121. 

ELECTEIC   CORPORATIONS.      See   Electricity;    Public   Utilities. 

Duty  to  supply  electricity  oa  application  and  penalty  for  refusal,  p.  142, 
S  629. 

ELECTRICITY. 

Appropriation  of  water  for  generation  of,  act  of  1913,  regulating  and  limiting, 
p.   2333,   Act  4368c. 

Appropriation  of  water  for  generation  of,  repeal  of  act  of  1911  relating  to, 
p.   2329,   Act  4350. 

Appropriation  of  water  for  generation  of,  time  for  development  of  works,  p.  163, 
§  1416. 

Limit  of  time  of  appropriation  of  water  for  development  of,  p.  162,  §  1410. 

Poles,  wires,  cables  and  appliances,  regulation  of  the  placing,  erection,  use 
and  maintenance  of,   p.   1136,   Act     1024. 

Poles,  wires,  cables  and  appliances,  violation  of  provisions  regulating,  punish- 
ment of,  p.   1136,  Act  1024. 

Provision  giving  lien  for  repealed,  p.  52,  §  1183a. 

Subways,  manholes,  underground  rooms  containing  wires,  etc.,  regulation  of 
and  punishment  for  violation  of,  p.  1141,  Act  1025. 

ELEVATORS. 

Construction,  maintenance  and  operation  in  buildings  being  constructed,  regu- 
lation of,  p.   1143,   Act   1025a. 

EMIGRANT  GAP  ROAD. 

Changing  so  as  to  eliminate  grade  crossing  over  railroad,  p.  1230,  Act  1457g, 

EMINXNT  DOMAIN.      See  Irrigation. 

Abandonment   of  proceedings,   attorneys'  fees  on,  p.   70,  §  1255a. 

Abandonment   of  proceedings,   costs,   what   allowed  on,   p.    70.  §  1255a. 

Abandonment   of  proceedings,    implied,   what    constitutes,    p.    70,  $  1255a. 

Abandonment   of  proceedings,   judgment   on,   p.    70,  §  1255a. 

Abandonment   of   proceedings,    manner  of,   p.   70,  §  1255a. 

Abandonment   of  proceedings,   right   of,   p.    70,  §  1255a. 

Abandonment   of   proceedings,    time    of,    p.    70,  §  1255a. 

Abandonment   of   proceedings,   what   constitutes,   p.   70,  §  1255a. 

Action,    all   parcels    in    county   may   be    included    at    option    of   plaintiff,    p.    66, 

§  1244. 
Action   by    city   to    condemn    land   for    sewerage,    supervisors    may    be    plaintiff, 

p.  66,  §  1244. 
Actions,   change  of  place  of  trial,  code  provisions  applying,  p.   66,  §  1243. 
Actions,   consolidation   or   separation   of,    p.    66,  §  1244. 
Actions,   how  commenced,  p.  66,  §  1243. 
Actions,    lis    pendens,    filing    of,    p.    66,  §  1243. 
""  Actions,   where   to  be   brought   generally,   p     66,  §  1243. 

Actions,   where   to   be  brought  when   city,   county  or  municipal   water  district   a 

plaintiff,  p.  66,  §  1243. 
Actions,    where    to    be    brought    when    property    in    different    counties,    p.    66. 

§  1243. 


2426  INDEX. 

EMINENT  DOMAIN  (Continued). 

Cominuii  u.sc,   cuurt  may  provide  for,  p.  67,  §  12474. 

Complaint   in,   what   to   contain,   p.   66.  {  1244. 

Damages,   assessment  of,  ruleg  governing,   p.   67,  S  1248. 

Damages,   compensation   on   removal  of  railroads   from   rights   of   way   taken    for 

roads,   p.   68.  S  1248a. 
Damages,   improvements  subsequent  to  institution  of  action  not  included,  p.  69, 

§  1249. 
Damages,   interest   on   where   plaintiff  let  into   possession,  p.   69.  S  1249. 
Damages,  proceedings  where  property  encumbered,  p.  07,  $  124<i. 
Damages,   time   at   which  assessed,   p.   69,  {  1249. 
Damages,  time  of  payment  of  generally,  p.   69,  }  1251. 
Damages,  time  of  payment,  where  state  or  public  corporation  is  plaintiff,  p.  69, 

§  1251. 
Estates   subject   to  public  use,   p.   5R,  }  1239. 

Kxercise  of  ri>:ht  of  by  irrigation  districts,  p.  1343,  Act  1732a. 
Facts  necessary  to  be  found  before  condemnation,  p.  64,  i  1241. 
Highways,    condemnation    for,   city,    county   or   state   may   elect   to    build    fsnces, 

p.   tiit.  §  12.51. 
Highways,  deposit  of  money  on  election  by  city,  cuuiity  or  state  to  build  f«?nces 

and  disposition  of,  p.  69,  S  1251. 
Lis  pendens,   filing  of,   p.   66,  {  1243. 

Pending  litigation  not  affected  by  amemlmriit   of  ststiitn.   p.   69.  S  1249. 
Property  I'uit  may  be  taken  for  public  use.  p    62.  |  1240:  p.  64.  {  1241.  subd.  3. 
Public  use,  resolution   or  ordinance  of  mi]..  r\  i»..rs  as   to  C(Mn-l',i>iviiif»s  of.   p.   64, 

§  1241. 
Public  uses,  what   are,  p.  58,  {  1238. 

Public  use.   what   are   more  necessary  puMic  uses,   p.  62.  }  1240:    p    64.  }  124  1. 
Public  utility,    condemning    by   city,    county   or   municipal    water   district,    rifht 

of  and  proci'diiri>,  p.    1759.   .Vet  2886,  i  47. 
Purposes  for  which  right  may  be  exercised,  p.  58,  S  1238. 
Railroad    commissi<in.    jurisdiction    to    fix    compensation    not   n/fected    by    pruv. 

sions  relating  to  eminent   domain,  p.   66,  {  1243. 
Railroads,  condemnation  proceedings  by,  cost  of  fences  and  cattle-guards,  p.  68, 

8  1248a. 
Railroads,    proceedings   by,    bond   to   build    fences    and    cattle  guards,    attorneys' 

fees  recoverable  in  actions  on,  p.  69,  i  1251. 
Railroads,    proceedings   by,    bond    to    build    fences   and    cattle  guards,    giring   of, 

p.    69,  §  1251. 
Railroads,   proceedings  by,   may   elect   to   build  fences   and   cattle  puanls.    p.   09. 

§  1251. 
Railroads,   removal   and  relocation   of,   complaint,   p.   68.  S  1248a. 
Railroads,   removal   and  relocation  of.   damages.   ass»»s»ment  of,  p.  68.  5  124.*a. 
Railro.ids.  renmv.il   from  rights  of  way   taken   for  highway,  boulevard,   etc..   and 

relocation   of,   p.   68,  §  1248«. 
Railroads,  renioral  from  rights  of  way  taken   for  roads,  p.  68,  5  1248a. 
Reference    in.    provi.<iioiis    as    to    do    not    affect    jurisdiction    of    railroad    comm:i» 

sion,  p.  29.  §  640. 
Reference  in,  residence  of  referees  where  public  body  is  plaintiff,  p.  29,  S  64i' 
Removal  or  relocation  of  structures  or  improvements,  court  may  regulate,  p.  67. 

§  1247a. 
St.ife.    proceedings    to    condemn    land    belonging    to.    aotborised,    p.    62,  i  r24ii. 

subd.   8. 


INDEX.  2427 

EMINENT  DOMAIN  (Continued). 

State,  piutecilings  to  condemn  land  belonging  to,  how  maintained  and  con- 
ducted,   p.    G2,  §  1240,   subd.    8. 

United  States,  proceedings  to  condemn  property  of  authorized,  p.  62,  §  1240, 
subd.   9. 

United  States,  proceedings  to  condemn  property  of,  how  maintained  and  con- 
ducted,  p.   62,  §  1240,   subd.   9. 

Uses,   pul)lic,  for  which  may  be  exercised,  p.  58,  I  1238. 

EMPLOYERS'  LIABILITY. 

Act   of   1911    repealed,   p.    1415,    Act    2144. 
Act  of  1913   regulating,  p.  1415,  Act  2144a. 

EMPLOYMENT.      See   Master  and   Servant. 

EMPLOYMENT  AGENCY. 

Charges    for    registering    or    filing    applications    for    help    prohibited,    p.    1144, 

Act    1038. 
Commissioner  of  bureau  of  labor  statistics  may  prescribe  rules  and  regulations, 

p.   1144,   Act   1038. 
Fees    and   expenses,    refunding   where    employment   not   obtained,   p.    1144,    Act 

1038. 
Fees,   dividing  prohibited,  p.   1144,   Act   1038. 
Forms  of  receipts  and  registers  to  be  kept,  p.  1144,  Act  1038. 
License  for  operating,   p.   1144,   Act    1038. 
Regulation  of,  act  providing  for,  p.  1144,  Act  1038. 

ENGINEERING.     See  Department   of   Engineering. 

ENTICEMENT. 

Desertion  of  seamen,  provision  as  to  enticement  of  repealed,  p.  230,  §  644. 

EQUALIZATION.      See   State   Board  of   Equalization. 

ESCAPE. 

Limitation  of  action  for,  p.  13,  |  339, 

ESCHEAT. 

Moneys  deposited  with  state  treasurer  on  dissolution  of  bank,  escheat  of,  p.  927, 
Act  297,  §  137. 

ESTABLISHMENT  OF  TITLES.      See  McEnerney  Act. 

ESTATES  AT  WILL. 

How  may  be  terminated,  p.  150,  §  789. 

ESTATES   OF  DECEDENTS.      See  Executors  and  Administrators;   Public   Adminis- 
trator; Wills. 
Administration  of  estates  \mder  $1,500,  p.  76,  §  1469. 

Appeals,  provisions  how  far  applicable  to  probate  proceedings,  p.  89,  §  1714. 
Appeal,  time  of  taking,  p.  89,  §  1715. 

Appraisers,   appointment  of  for  property  in  another  county,  p.   75,  §  1444. 
Appraisers,   compensation  of,  p.  75,  §  1444. 
Appraisers,  who  incompetent  and  cannot  be  appointed  to  act,  p.   75,  §  1444. 


a428  INDEX. 

ESTATES  or  DECEDENTS   (Continued). 

A|;prai.s<'r.s,    luhentauce   tax    appraiber   may   be   appointed    sole   appraiser,   p.    75, 

§  1444. 
Appraisers,   number  and  appointment  of,  p.  75.  j  1444. 
Appraisers,    one   to   be   an   inheritance   tax   appraiser,   p.   75,  S  1444. 
Appraisers,    to  file  account  of  aervices  and  disbursements  with  inrentory,  p.  75, 

S  1444. 
Claims   a(,'ainst,   effect  of  failure  to  file,  p.   78,  S  1403. 
Claims   against,    time   to   present,  generally,  p.   78,  {  1493. 
Claims   against,   time   to   present,   where  claimant   without  notice  because   absent 

from   state,   p.   IS,  j  1493. 
Death   of  applicant   for  public  lands  before  patent   issued,   proeeedinf  to   deter- 
mine who  are  heirs,  p.  90,  }  1724. 
Death  nf  child   pending  administration,   proceedings  In   case  of,  p.   87,  {  166.1 
Deposit    in   bank  under  foUU,   withdrawing  without   administration,  p.   871,   A<  : 

297,  §  10. 
DepoHils   in   savings  banks,   authority  of  public  administrator.      See   Public   Ad 

ministrator. 
Deposits   of  decedents   in    savings   banks,    permitting   them    to    remain    in    bank, 

p.   900,   Act   297,  S  68H. 
Deposits  of  decedents  in   savings  banks,  withdrawal  of,  p.  900,   Act  297,  {  68^. 
Distribution,  final,  granting  of,  p.  87,  }  16fi5. 

Distribution,    final,   proceedings   where   decedent   a   nonresident,    p.   87.  J  1667. 
Distribution,  final,  receipts  and  disbursements  since  final  account,  settlement  of, 

p.   87,  5  1665. 
Distribution,   partial,   bond,    requirement    of    and    when    may    be    waived,    p.    86. 

§  lf.61. 
Distribution,   partial,    costs   of,    applicant   to   bear,    p.    86.  $  1661. 
Distribution,    partial,   heir  may   pelilinn   for  after  four  months,  p.   66,  |  1658. 
Distribution,    partial,   order   fur,   granting  uf.   p.   86,  t  1661. 
Distribution,   ])artial,   partition   on.  p.   8fi.  {  Ifit^l. 
T>istribution,    partial,   provision   for,   p.  86.  i  1658. 
Distribution,    partial,    time   for,  p.   86.  $  1658. 
Homestead,   decree   terminating,   p.   89.  $  1723. 
Ifoniestead,    liability   for  debts,   p.   77.  }  1474. 

Honiestond,   power  to   assign   to   family  of  deceased,   p.   77.  }  1474. 
Homestead,    right  of  survivor  to,   p.   77,  5  1474. 
Homestead    selected    in    lifetime    of    spouses,    disposition    of    on    death,    p.    158, 

5  126,'->. 
Inheritance  taxes.      See  Taxation. 

Investment  of  moneys  in  deceased  person's  fund,  p.  880,  |  677. 
Lease   of   property,   power  to  order,  p.   80,  5  1577. 
I^ease   of   property,    procedure,   p.   80,  J  1577. 
Life  estate,   decree  terminating,   p.   89,  §  1723. 
Money  belonging  to  in  state  treasury,  investment  of  in  bonds  and  deposit  with 

treasurer,   p.   330,  8  677. 
Mortgage  of  property,  power  to  order,   p.   80,  J  1577. 
Mortgage  of  property,  procedure  on,  p.  80.  }  1577. 
Kew   trial   granted   in  what   proceedings   only,   p.   89,  |  1714. 

New    trials,  provisions,  how  far  applicable  to  probate  proceedings,  p.  89,  J  1714. 
Nonresident,   distribution   of  <  state  where   dece.ised   was.  p.   87.  S  1667. 
Notice    to   creditors,    additional,   posting   or   publication   of,   p.   78,  |  1490. 
Notice   to   creditors,    filing   printed   copy   of,   p.   78.  §  1491a. 


INDEX.  2429 

ESTATES  OF  DECEDENTS   (Continued). 

Notice    to   creditors,    publication   of,   p.   78,  §  1490. 

Notice    to   creditors,    where   executor  resigns  or  is  removed,   p.  .78,  §  1490. 

Payment  of  bequest  after  four  months,  provision  for,  p.  86,  §  1658. 

Probate,  wills  proved   in   other  states,   allowing  and  recording  of,  p.  73,  §  1322. 

Public   administrators.      See    Public   Administrators. 

Sale   of   mining   property   or   option   on,   power  to  authorize,   p.   80,  §  1577. 

Sale   of   mining   property   or  giving   option   on,   procedure,   p.   80,  §§  1577,   1580. 

Shares  of  stock   of  decedent,   how  represented,   p.   114,  §  313. 

Summary   administration   of   estates   under   $1,500,  'procedure,   p.   76,  §  1469. 

Vendor,   death  of  before  conveyance,   completion  of  sale  by  guardian   of  minor, 

p.   93,  §  1810a. 
Will   detained  outside  of  state,   copy  may  be  probated,  when,  p.  72,  §  1310. 
Will  detained  outside  of  state,   probating   copy,    proceedings,   p.    72,  §  1310. 
Wills  proved  in  other  states,  allowing  and  recording  of,  p.  73,  §  1322. 

EUKEKA. 

Charter  of,  p.   1152,  Act  1083. 

EVIDENCE.      See  Privileged  Communications. 

Admis.sibility  of  abstracts  of  'title  where  records  burnt  or  lost,  p.  95,  §  1855a. 
Certified  copy  of  entry  in  great  register,  p.  355,  §  1117. 

Certified   copy   of   record  of  instrument  defectively  executed,  p.  156,  §  1207. 
Competency  of  husband  or  wife  as  witnesses  in  criminal  actions,  p.  96,  §  1881  ; 

p.   251,  §  1322. 
Copies    of    state's    standard   of   weights    and    measures    admissible    in    evidence, 

p.  2344,  Act  4384. 
Criminal.      See  Criminal  Practice. 

Deed  under  court   process  as  evidence  of  transfer,  p.  98,  §  1928. 
Privileged  communications.      See  Privileged  Communications. 
Tax   deed  is  evidence  of  what   facts,  p.   553,  §  3786. 

EXAMINERS. 

Board  of,  provision  as  to  repealed,  p.  291,  §  364. 

EXCEPTIONS.      See  Bills  of  Exceptions. 

EXECUTIONS. 

Allowance  to  sheriff  for  expenses  of  keeping  property,  p.  816,  §  4290. 
Building  and  loan  associations,   exemption  of  property  of,  p.  972,  Act  428. 
Exemption  of  cemetery  lands  from,  p.  1020,  Act  549. 
Expenses  of  keeping  and  preserving  property,  allowance  of  to   sheriff,   p.   815, 

§  4290. 
Homesteads,   against.      See  Homesteads. 
Homesteads,   exemption  of.      See  Homesteads. 
Stay  of,  power  of  court  as   to,  p.   32,  §  681a. 

EXECUTORS  AND  ADMINISTRATORS.      See  Estates  of  Decedents. 

Allowance   for   expenditures   where   no   voucher  produced,   p.   84,  §  1632. 
Allowance   for   expenditure  where   voucher  lost   or  destroyed,  p.   84,  §  1632. 
Allowance   for   necessary  expenses,  p.  83,  §  1616. 

Appeal  by,   from   justice's   judgment,    dispensing  with  bond,  p.   42,  §  94S. 
Attorney,  compensation  of,  appeal  lies  from  order  making  allowance  on  account 
of,  p."  83,  §  1616. 


2430  INDEX. 

EXECUTORS  AND  ADMINISTRATOES   (Continned^. 

Attorney,   fonipeiisation  on  account  of  may  he  allowed,  p.  83,  {  1616. 

Claims   paid. without   affidavit   and   allowance,   when   allowed,   p.   84,  I  1632. 

Compcnhation,  allowance  on  account  of  commissioas,  p.  83,  {  1616. 

Compensation  of,  fees  allowed  to,  p.  83,  §  1616. 

Compensation,   provis^jn   in   will   for,   effect  of.   p.   63,  |  1616. 

Death  of,   settlement  of  accounts  of,   p.   85,  {  1639. 

Delivery   of    estate    to    executor   of    nonresident    decedent    by    resident   kdnainis' 

trator,   p.   87,  J  1667. 
Dcpo.sit  of  funds  with  triist  company,  ordering  by  coart  and  redaction  of  bonds, 

p.   907,   Act  297,  i  93. 
Dt'posit  of  trust   funds   with   trust  company  under  order  of  court  and  discharge 

from   liability,   p.   906.    Act   297.  }  91. 
Foreign   corporation,   acting;  as,   rights  of,   p.   862.   Art   297,  }  78. 
P'orr-ifcn,   satisfaction   of   mortgage  by.      See   Mortgages. 
Funds  ma.v  be  invested  in  bonds  of  reclamation  district,  p.  534,  |  3480;  p.  134-1, 

Act    l-32b. 
Proxies,   may  give,   p.   115,  S  321b. 
Piihlic  administrator.      See   Public   Administrator. 

Ucrcipts   and   disburspments   since   final   account,    ftfi-ipmrnt   nf.   p.    87,  i  166.S. 
Relatives   of   whole   blood   preferred   to   half   blood   to   administer,   p.   73,  |  1366. 
Shares  of   stuck  of  decedent,   executor  represents,   p.   114.  5  313. 

EXEMPTIONS. 

liiiililiiiK  and  loan  associations,  of  property  of  in  liquidation,  p.  972,   Act  428. 
Cemetery   lands,   exemption   of,   p.    1020,   Act  649. 
Homesteads,   of.      See    Homesteads. 

EXHIBITIONS. 

I'uwer  of  supervisors  to  levy  tax  I-t  .■Thi>iiiinn..  ,.f  i.r.wli.ns  nf  r.ninfio*    r>     '^S' 
S  4056b. 

EXPERTS. 

Agriculture,    expert    in,    boards   of    irrigation,    reclamatioa   or   drainage   diatricts 

authorized  to  employ,  p.  84.'>,   Act  78b. 
Orniid  jury,   for.      See  Grand  Jury. 

EXPLOSIVES. 

llriiii,-iiic  into  prison,  jail  or  reformatory  a  felony,   p.   193,  |  171a. 
Malicious  use  of  dynamite  or  other  explosive  a  misdemeanor,  p.  209,  5  fiOl, 
Transportation,   storage  and  selling  of.   regulation  of,  p.   1153,  Act   1092. 
Violation    of   provisions    for    transporting,    storing    and    selling,    panishment    of, 
p.   11.13.   Act    1092. 

EXPOSITIONS.      See    Panama  California    Kxposition;    Panama-Pacific    International 

Exposition. 
Ghent,  appropriation   for  California  exhibit  at  exposition  in,  p.  1167,  Act  109'-f 
Italian    International    Fxposition,   provision    for   California    exhibit    at,    p     '!•   ■ 

Act   10930. 
Los  Angeles,  exposition  building  at.      See  Los  .\ngele8  City. 
Panama-California    Exposition,    appropriation    to    complete    construction    of    -v 

position   huildinc,  p.   1166,   .\ct   1093e. 
Panama  California    Exposition,    state    exhibit    at,    provision    for,    p.    II.IS,    Act 

1093b. 


INDEX.  2431 

EXPOSITIONS    (Continupd). 

Panama  Pacific    International    Exposition,    powers    and    duties    of    directors    of, 

p.    IlfiO,    Act    1093U. 
San    Diego,    park    commissioners    authorized    to    give    use    of    Balboa    Park    for 

exposition,  p.  1158,  Act  1093a. 
State  Fair.      See   State  Fair. 
Supervisors  authorized  to  levy   tax   to   make   exhibit  at,  p.   58.5,  §  4056b. 

EXPRESS  COMPANIES.      See  Public  Utilities,  II. 

EXTRADITION. 

Account  of   expenses   in   bringing  bark    fugitive,   how   audited   and   paid,   p.   255, 

§  1557. 
Expenses,    of   bringing    back   a    county    charge    if    fugitive    not    placed    on    trial, 
p.  255,  §  1557. 


FACTORIES.      See  Manufactures. 

FAIRS.     See  Expositions;   State  Fair. 

FALSE  PRETENSES.      See  False  Representations. 

Labor   employed   in   producing  goods,    misrepresentations   as   to    a    misdemeanor, 

p.   207,  §  532a. 
Statements  as  to  financial  conditions,  when  a  misdemeanor,  p.  207,  §  532a. 

FARMERS. 

Commission  to  investigate  European  system  of  rural  credits,  creation  of,  p.  845, 
Act   78c. 

FARMERS'  INSTITUTES. 

Appropriation  for,  p.  2550,   Act  4252a. 

Regents  of  university  authorized  to  hold,  p.  2550,  Act  4252a. 

FARMS. 

Registration   of  names  of,  p.   1597,   Act  2390a. 

FEATHER  RIVER. 

Accomplishment  of  work  of  direct  improvement   of  navigation  of,   appropriation 

for,   p.   1975,   Act   3818. 
Appropriation  for  rectifying   channel  of,  p.   1974,   Act    3815a. 
Expenditure  of  money  to  improve  navigation,  act  to  enable,  p.  1973,  Act  3816a. 
Rectifying  channel  of,  p.  2333,  Act  4368b. 

FEEBLE-MINDED  CHILDREN.      See  Sonoma  State  Home. 

FEES. 

Accounting  for  and  payment  into  treasury,  p.  819,  §  4300c. 

Applicant   for  teachers'    credentials,    certificate    or   diploma    to   pay   two    dollars, 

p.  388,  §  1519,  subd.  5  (d). 
Building    and   loan    associations,    what    fees    only    may    be    charged    by,    p.    144, 

§  634.    siibd.   g. 
Copies    of    indexes    of    registration    affidavits,    fees    for,    disposition    of,    p.    355, 

§  1115. 


2432  INDEX. 

TEES  (Continued). 

County   clerk,  p.  817.  S  430fya. 

County   clerk,   of.      See   C-ounty   Clerk. 

County  officers,  of,  paid  into  salary  fund  for  officerf.  p.  820,  5  4305. 

Deaths,  for  certified  copies  of  records  of,  p.   1060,   Act  897. 

Dismissal   of  action   after   transfer  where   fees   not   paid.   p.   26.  5  581b. 

Filini;  transferred  pleadini^a  anew   withont   fee  after  dismitsal,   p.   26.  i  581h. 

Investment   companies,    fees   to    be   paid   by  -en   filing   articlei   with    secretary   of 

state,    p.    320,  §  6.35r. 
Justices'  courts  in  townships  of  two  hundred  and  fifty  th.uiiiarid.      See  Justicos" 

Courts. 
Justices,   of,  p.   819,  S  4300e.      See  Justices'   Courts. 
Justices,    fees  of,   report  of  and  payment   info  treasury,  p.   6,  I  103. 
Justices  in   cities  of  second  class,  of,  p.   .5.  S  102a. 
Licenses  for  pipelines,   p.    1614,   Act   ^^hM*. 
License  to  raise  Rame  animals  or  birds,   for.  p.  218,  }  631d. 
Notice   of   completion   of   buildinfr,   fee    for   filing,   p.    53,  |  1187. 
Officers,   (jenerfllly.      See  Offices  and  Officers. 
Officers   in   particular  counties,   of.      .S«^e   particular   title. 
Particular  officer,   of.      See   particular   title. 
Public   utility  commission,  of.      See   Public   Utilities,   II. 
Recorders,   fees  of.  p.   819,  }  4300c. 
Recording   notice   of   completion   of  building   under   mechanics'   Hen    law,   p.    53, 

5  1187. 
TapKinfc  animals  or  birds  by  eame  commission,   p.  222.  J  631d,  anbd.   12. 
Secretary    of  state,    of,   p.    292.  5  409.      See    Secretary   of  State. 
Sot  apart  for  salary  fund.   p.   820,  i  4305. 

FELONIES. 

Adultery,   livinR   in   stale   of   by   m.Trried   peri'ons.   p.    196,  f  269b. 
Automobiles,   failure  of  driver  to  assist   in   case  of  collision,   p.   201,  |  367c. 
Automobiles,   intoxicated    driver   iiijurini;   person,    p.   201,  S  367e. 
Banks,    commercial,    violation   of   regulationa  governing   loans   to   officers,   agents 

or  employees,  p.  903,  Act  297,  {  83. 
Banks,  officer,  agent  or  employee  overdrawing  account,  p.  882.  Act  297,  i  89. 
Banks,  officer,  agent  or  rmployre  receiving  reward  for  procuring  loan  or  accom- 
modation, p.  882,   Act  297,  S  39. 
Banks,  officer  or  employee  transferring  mortgage  or  contract   for  tale  of  realty 

to  bank,  p.   882,   Act  297,  J  35. 
Banks,    rniployee    or    controlling    stockholder    selling    note    or   bond    to,    p.    8'^2, 

Act  297,  5  35. 
Banks,    savings,    loans   to   officers   or   employees   in   violation   of   statute,   p.    807. 

Act  297.  §  r>r.. 
Banks,  savings,  officer  making  investment  or  loan  in  riolatlon  of  statute,  p.  890. 

.\ct   297.  §  67,   sulul.   .">. 
Bookniakiiig,   p.   201,  §  337a. 
Building    and    loan    associations,   illegal    loans    by    oflScers   or   directors,    p.    144. 

§  637. 
Checks,  certified,  violation  of  statute  relating  to,  p.  885,  Act  397,  §  52. 
Explosive,  malicious  use  of,  p.  209.  S  601. 

Molorcvde,    intoxicnti-d    driver    injuring    person,    p.    202.  S  367e. 
Motorcycles,   failure  of  driver  to  assist  in  ease  of  collision,  p.  201,  |  367c. 


INDEX.  2433 

FELONIES   (Continued). 

Officers    of    public    utility    violating   provisions    of   public    utility    act,   p.    1771, 

Act   2886,  §  52f. 
Pandering,  p.   1057,  Act  865. 
Pimping,   p.   1058,  Act  866. 
Prison,   jail    or   reformatory,    bringing   drug,    weapon,    liquor   or    explosive    into, 

p.   193,  iS  171a. 
Trust  funds,  violation  of  provision  of  bank  act  as  to  mingling,  p.  881,  Act  297, 

§  32. 

FEMALES. 

Female    employees.      See   Master   and    Servant. 

FENCES. 

High,  erected  to  annoy,  remedy  in  case  of,  p.   1168,  Act   1142. 

FERRIES. 

Application  for  authority  to  erect  within   one  mile  of  established  ferry,   service 

•of  notice  of,   p.   509,  §  2853. 
Employers    or    employees,    right    tg    establish    within    one    mile    of    established 

ferry,   p.    509,  §  2853. 
Establishment  of  within  one  mile  of  established  ferry,  provision  as  to,   p.   509, 

§  2853. 
Public,   provisions   of   code    not    applicable    thereto,   p.    509,  §  2896. 

FERTILIZERS. 

Repulation  of  sale  of,  p.   1168,  Act  1157. 

FICTITIOUS  NAMES.      See   Names;  Partnership. 

FIDELITY   INSURANCE    COMPANIES. 

Capital    stock   required   of,   p.    307,  §  594,    subd.   5. 
What  included  in  fidelity  insurance,   p.  309,  §  594. 

FIELD  ARTILLERY.      See  National  Guard. 

FINDINGS. 

Fact,  how  may  be  waived,  p.  28,  §  634. 

Judge  not  to  sign  until  five  days  after  service  of  on  other  parties,  p.  28,  §  634. 

Service  of,  p.   28,  §  634. 

FINES.      See  Probation. 

Blacklisting,  for,  p.  231,  §  653e. 
Game   laws,   violation   of.      See   Game   Laws. 

Imposed  by  justices  in  cities  of  second  class,  disposition  of,  p.  5,  §  102a. 
Imposed   for  nonsupport   of  wife  or  child  may  be  paid  to   wife  or  custodian   of 
child,  p.   197,  §  270d. 

FIRE  AND  MARINE  INSURANCE   CORPORATIONS. 

Fire  insurance.      See  Fire  Insurance. 

Dividends  to  be  declared  from  profits  only,  p.   121,  §  429. 

Marine  insurance.      See  Marine  Insurance. 

FIREARMS.      See  Weapons. 
153 


2434  INDEX. 

FIRE   INSUBANCE.      See   County   Fire   Insurance   Companiea. 
Capital   Ftook   required,  p.  309,  S  594,   subd.   16. 

Mutual  fire  insuranre  companieg.      See  Mutual  Fire  Insarance  Oompanies. 
What  included  in,  p.  306,  i  591,  subd.  2. 

riREMEN. 

Hi'lit-r,    health,    life   inKurance    and   pengion    fund,    auditor's   report   on,   p.    1169, 
Act   1173. 

FIRES.      See  Kxplosiveg. 

Admissibility  of  abgtrartg  of  title   where  rrrordg  burnt,  p.   95,  S  1855«. 

County   supervisors   may   rpplare   indexes  destroyed   by   fire,   p.   584,  {  4043a. 

Forests,    protection   of.   neainst.      See    Forests. 

Indemnity  associations  for  protection  acainst.      See  Indemnity. 

Indexes   to   records   destroyed   by,    supervisors   may   replace,   p.  584,  (  4043a. 

Provision  for  prevention  of  fireg  and  puniahment  for  violation  of,  p.  204,  (  .TR4. 

Provisions  for  protection  against,   do   not   apply   to   fires  set  on   lands  in   cities. 

p.  204,  9  384. 
Refusing   assistance    in    combating,    punishment    of,    p.    204.  i  384. 
Tax     for    protection    against,    power    of    supervisors    to    levy,    p.    583,  |  404  1. 

subd.    40. 
What  acts  in  relation  to  forbidden,  p.  204,  |  384. 

FISH.      See  Game  Laws. 

FISH  AND  GAME  WARDEN.      See  Game   Laws. 

FLAGS. 

Hear   flag  adopted  as  state  flag,  p.  1169.   Act   1199. 

Hear  flag,    appropriation    for    monument    to    commemorate    raising    In    Sonoma 
City,  p.   1953,   Act  3706, 

FOLSOM.     See  State  Prisons. 

FOOD.      See  Cold  Storage. 

Adulteration   of.      See   Adulteration. 
Destruction    of    a   misdenieanor,   i>.    1170,   Act    1205. 
Destruction    of  prohibited,   p.    1170.   .\cl    120.'>. 
Net  container  bill,  p.  1601,  Act  2453. 

Provision    for    indicating   net    quantity    of    foodstuff   prepared    for    use    for    food 
when    sold    in   containers,    p.    1601,    Act    2453. 

FOREIGN   BANKING   CORPORATIONS. 

RiRht  to  do  business,  p.  8l>J,  Act  297,  S  7. 

Examinations  of  agencies  of,   p.   915.   Act   297,  S  124. 

Reports  hy  to  superintendent  of  banks,  p.  917,   Act  29"    ?  '''■"' 

FOREIGN  COMMERCE. 

Public  utility   ait    <b>es   not   affect   foreign   commerce,   p.    IT'.xi,    ,\ct   288".  |  85. 

FOREIGN   CORPORATIONS.      See   Corporations. 

Banking  act  does  not   affect   right   to  loan    money  or  to   sue  or  be  sued,  p.   8G9, 

Act  297,  §  12c. 
Banking  corporations.      See  Banks  and  Banking. 
Trustees,   power  to  act   as,   p.  906,   Act   297,  S  90. 


INDEX,  2435 


rOEEIONERS.      Spp   Aliens. 


FOREIGN    EXECUTORS    AND    ADMINISTRATORS.     See    Executors    and    Admin- 
istrators. 

FOREIGN  GUARDIANS.      See   Guardian   and   Ward. 

FOREIGN  WILLS. 

Allowing    and    recording    of,    p.    73,  §  1322. 

Wills  proved  in  other  states,  probate  of,  p.  73,  §  1322, 

FORESTS. 

Appropriation   for   fire   lanes   and   trails   to   preserve   timber  on   San   Bernardino 

mountains,  p.  1172,  Act  1223. 
Cleveland  National  Forest,  hunting  in  forbidden,  p.  1725,  Act  2875a. 
County  board  of  forestry,    creation   of,   p.    1238,    Act  1468. 
County   board   of   forestry,   rights,   powers   and   duties  of,   p.    1238,   Aqt  1468. 
County   forester,   appointment,   powers   and   duties,   p.    1238,   Act    1468. 
Expense  of  cleaning  up  forest  area,  how  met,  p.   1170,  Act  1216. 
Fires,   provision    for    prevention    of    and   punishment    for    violation    of,    p.    204, 

§  384. 
Fires,  refusing  assistance  in  combating,  punishment  of,  p.  204,   §  384. 
Fires.      See  Fires. 

Inadequately  protected  forest  area  declared  a  nuisance,  p.  1170,   Act   1216. 
Notice   to  owner  to  clean   up  forest   area,  p.   1170,   Act   1216. 
Service  upon  owner  of  forest  of  notice  of  intention  to  inspect,  p.  1170,  Act  1216. 

rORFEITUHE. 

Forfeiture  of  lien  for  false  statement  in  claim  of,  p.  57,  §  1202. 
Water  rights,  of,  p.  2266,  Act  4340. 

rORMS. 

Deed  by  state  to  purchaser  of  property  sold  for  taxes,  p.   562,  §  3898. 
Deed  to  state  of  property  sold  for  taxes,  p.  551,  §  3785. 
Demand   against    county,    p.    589,  §  4076. 
Notice  of  trial  in  justices'  courts,  p.  38,  §  850. 
Tax  deed,  p.  552,  §  3785b. 

rbANCHISES.      See  Public  Utilities. 

Heating  purposes,  cities  authorized  to  grant  franchise  to  lay  pipes  for,  p.  1565, 

Act   2389c. 
Ordinance  granting,  time  of  talcing  effect  of,  p.  588,  §  4068. 
Power  of  supervisors  to  grant,  p.   582,  §  4041,   subd.   35. 
Taxation  of  for  state  purposes,  p.  2151,   Act  4065. 
Water  for  power  purposes,  limit  on  franchise,  p.  2329,  Act  4350. 

FRATERNAL  BENEFIT    SOCIETY.      See   Benefit   Societies. 

FRAUD.      See  Butter;  Dairies. 

Act  to  prevent  fraud  in  sale  of  paris  green  repealed,  p.  1651,  Act  2614. 
Misrepresenting    kind    of    labor    employed    in   producing   goods,    punishment    of, 
p.   201,  §  349a. 


24.36  INDEX. 

FBEE  LIBBABIES. 

County  free  librarips.  psfablishment  and  maintensnce  of,  p.  1173,  Act  1248a. 
County  library  systpms,  repeal  of  act  relating  to,  p.  1173,  Acta  1248,   124^«. 
Establishment  of  public   libraries  by  anion   high   achool  districts,   p.   1928,   Act 

3586c. 
Unincorporated   cities,    in,   bonds,   issuance   of,   p.   1180,   Act    1249. 

FEESNO  CITY. 

Xoraial  school  at,   appropriation  for  construction   and  equipment,  p.   1921,   Act 

3558b. 
N'irmal    school,    establishment   of   at,   p.    1920,   Act   3558a. 

FEESNO  COtTNTT. 

Assessor,   all    collections    by    to    be    paid    to    county    treasury,    p.    637,  }  4234, 

subd.  7. 
Assessor,   deputies    and    assistants,    appointment,    number,    duties    and    talariea, 

p.  637,  S  4234,  suM.  7. 
Assessor,  salary  of,  p.  637,  S  42.T4,   subd.  7. 

Auditor,   deputy   and   clerk,   appointmi-nt   and   salaries,  p.   636,    |  4234,   subd.  4. 
Auditor,   salary  of,   p.  636,  J  4234.   subd.  4. 
Classification  of,   p.   .5(3G,  S  4006. 
Constable,    classificntion    of    townships    for   purpose    of    Uxln^   salaries,    p.    640, 

S  4234,    subd.    14a. 
Constables,   population    of    townships,    how    determined    for    purposes    of    fixing 

salaries,   p.   63<),  $  4234.   sahd.    14. 
Constables,  salaries   determined   by  population,   p.    639,  |  4234,   sobd.    14. 
Constables,    salnries,    fees,   miU-atre    and   expenses,   of.    p.   641,  J  4234,  subd.   IS. 
Coroner,    fees   of,    p.   C3M,  {  4234,    subd.    10. 
County  olork,   deputies   and   clerks,   number,   appointment  and  salaries,   p.   635, 

S  4234,   Bubd.    1. 
County   clerk,   fees  to  be  paid  into  treasury  monthly,  p.  635,  |  4234,  subd.  1. 
County   clerk,  salary  of,   p.   635,  }  4234,  subd.   1. 
District  attorney,  deputy  and  ssslntant,  appointment  and  salary,  p.  638,  {  4234, 

subd.    9. 
District   attorney,   salary   of,   p.   fi.TS.  J  4234,   subd.  9. 

FiKh  and  gnnio  wardeu,  salary  arid   expenses  and  bow  paid,  p.  594,  i  4149d. 
Jurors,    grand,   compensation   and   mileage,   p.   63)*,  }  4234,   subd.   8. 
Jurors,    trial,    compensation    and   mileage,    p.    638,  }  4234.    subd.    8. 
Justices,   classification    of    townships    for    purpose    of    fixing    salaries,    p.    640, 

i  4234.    subd.   14a. 
Justices,    fines  to  be   paid  to   treasury   monthly,  p.   640,  S  4234^  subd.   14b. 
Justices,   salaries  and  fees  of,  p.  640,  {  4234,   subd.  14b. 
Justices,   salaries   include  office   rent,   p.   640.  i  4234,    subd.    14b. 
Population    of,    p.    J05,  §  4005c. 
Population,   determination   uf,    for   purpose   of   fixing   salaries   of   constables    and 

ju.slices,    p.    (>:iil.  §  4234,    subd.    14. 
Public  administnitor.   fees  of,  p.  638.  §  4234,  subd.  11. 
Recorders,    deputy,    statistician,    clerk    and    copyists,    appointment,    number   sod 

salaries,  p.   686.  J  4234,   subd.   3. 
Recorders,    salary   of.   p.   036.  §  4234,   subd.   3. 
Repistrar   of   voters,    salary,    fees,    allowances,    deputies   and   assistants,   pp.    59.S, 

HOI,  5  4  Mile, 
Salaries  of  oflicers,   when   and  how   payable,   p.   641,  $  4234,   subd.   17. 


INDEX.  24H7 

FRESNO  COUNTY   (Conlinued). 

Sli.TilV,   deputies,  clerks  and  assistants,   number,   enumeration,   appointment  and 

salurles,    p.    635,  §  4234,    subd.    2. 
Sheriff,   fees  to  be  paid  into  county  treasury,  p.  635,  §  4234,  subd.  2. 
Sheriff,    salary   and  fees,  p.   635,  §  4234,   subd.   2. 
Superintendent    of    schools,    deputy    and    assistant,    appointment    and    salaries, 

p.   638,  §  4234,    subd.    12. 
Superintendent   of   schools,   salary  and  expenses  of,   p.   638,  §  4234,   subd.    12. 
Supervisors,   salaries   of,  p.   641,  §  4234,   subd.   16. 
Surveyor,   deputy,   salary  of,  p.   639,  §  4234,   subd.   13. 
Surveyor,    salary  of,  p.   639,  §  4234,   subd.   13. 
Tax    collector,    deputies,    clerks    and    assistants,    appointment,    enumeration    of, 

number  and   salaries,   p.   637,  §  4234,   subd.   6. 
Tax  collector,  salary  and  fees  of,  p.  637,  |  4234,  subd.  6. 
Treasurer,  deputy,   salary  of,  p.   637,  §  4234,  subd.   5. 
Treasurer,    salary  of,  p.  637,  §  4234,  subd.  5. 

PEUIT  TEEES.      See  Horticulture. 

rUliL  CREW  ACT.      See  Railroads. 

FUNDS. 

Deposit   of   city   and   county   funds   in  banks,  p.   1184,    Act   1290a. 

Deposit  of  state  moneys  in  banks,  p.  2231,  Act  4134. 

Fish  and  game  preservation  fund.      See  Game  Laws. 

Investment  of  corporate,  trust  or  public  funds  in  bonds  of  irrigation  districts, 

p.   534,  §  3480;   p.   1344,   Act   1732b. 
May  be  invested  in  bonds  of  reclamation  district,  p.  534,  §  3480. 
Particular  fund.      See  particular  title. 
Reversion  of  unexpended  balances,  p.  1182,  Act  1284b. 
Right  of  savings  banks  to   borrow  public  moneys,   p.   896,  Act   297,  §  62. 
Salary  fund,   fees   set  apart   as,  p.   820,  §  4305. 
School.      See   Funds. 

Sinking  funds  of  cities  or  counties,  investment  of  in  bonds,  p.  1181,  Act  1284a. 
Sinking  funds  of  cities  or  counties,   repeal  of  act   of   1909   relating  to,   p.   1181, 

Act   1284. 
Special  fund  for  insurance   commissioner,  p.   306,  §  591. 
State  banking  fund.      See  Banks  and  Banking. 
State,  deposit  of  in  banks,  p.   2231,   Act  4134. 

Surplus  moneys  may  be  invested  in  what  bonds,  p.  1182,  Act  1284c. 
Surplus,   investment  of,  p.   1182,  Act   1284c;   p.   1184,   Act   1290a. 
Transfer  of  funds    in    state    treasury    to    pay    interest    and    principal    of    state 

bonds,  p.   1180,   Act  1276. 
Transfer  of  funds  in  state  treasury  to   pay   interest  on  diverted  funds  of   state 

university,  p.    1180,   Act   1276. 

FUNERAL  EXPENSES.      See  Public  Administrators. 

FUNGICIDES. 

Regulation    of    manufacture,    sale,    adulteration    and    misbranding    of,    p.    827, 
Act  48. 


2438  INDEX. 

G 

GAMBLING. 

Betting  upon  contests  of  skill,  speed  or  endurance,  prohibition  and  punish- 
ment   of,   p.   200.  S  3.T7a. 

Bookmaki'ng,   prohibition  of  and  punishment  for,   p.  200,  S  337a. 

Card  marhiues,   use   of   prohibited,    p.    199.  {  330a. 

Dice  having  more   than   six   (aces,  use  of,   punishment   for,   p.   199,  S  330a. 

Machines,   use   of  what   prohibited,   p.    199,  S  33Ua. 

Owner  permitting  property  to  be  used  for,  punishment  of,  p.  199,  S  330a; 
p.   200,  5  337a. 

Pool-selling,   liability  of  owner  of  premises  where  carried  on,  p.  200,  S  337a. 

Pool-gelling,    prohibition    of    and    punishment    fur,    p.    200,  |  337*. 

Slot  machines,   use  of  prohibited,   p.   199,  S  330s. 

GAME  LAWS. 

.\balone,    limit   on   catch,   p.   215,  S  628. 

Abalone,    protection    of,    p.    214.  §628;    p.    218.  |  628k. 

Animals,    game,    killing   at    night    a    misdemeanor,   p.    213,  {626m. 

Animals,   use  of  as  blinds  a   misdi-meanor,   p.  213,  i  626a. 

Bait,  use  of  salmon  or  steel  head  trout  as,  proTision  repealed,   p.  225.  J  632b-3. 

Bass,   black,   limit   on   crtch,    p.   216.  {  628b. 

Bass,   black,   protection   of,   p.   217,  S  628b. 

Bass,   striped,    fine    for    violation    of    lawa    relating    to,    disposition    of,    p.    22:>. 

i  634. 
Bass,   striped,   limit  on   catch,  p.   225,  9  684. 
Bass,    striped,    protection  of,  p.  215,  }  628a:  p.  225,  |  6S4. 
Bass,   striped,    right   of   United    Slates   and    state   game   commission    to   chip   out 

of   state,    p.    135,  {{  628a,    628f. 
Bass,    striped.    United    States    or    state    commission    may    take    for    propagation. 

p.   2'_>.'j.  §  634. 
Bass,    striped,    violation   of   law   for  protection   of,   punishment   of,   p.   227,  i  634. 
Beaver,   protection   of,   p.   214.  {  C20p. 

Birds,    game,   killing   at   night   a    misdemeanor,    p.   213,  i  C26ai. 
Blinds,    use    of   animals    as    a    misdemeanor,    p.    213,  J  626a. 
Brant,    black    sea,    limit   on    bags,    p.    211.  S  626d. 
Brant,   black   sea,   protection  of,   p.  211,  i  626d:   p.  218.  {  626p. 
Business  of  dealing  in  fish,  game  or  auimals,  license  for,  p.  136,  |  680;  p.  1192. 

Act    1340f. 
Business    of   dealing   in    fish,    game,    or   animals,    register   of   purchases,    keepini: 

of   and   contents   of,   p.   21H,  §  (i3l)a. 
Bnsinpss    of    dealini:    in    fish,    game    or   animals,    register    of    purchases,    refusal 

to   produce   a   misdemeanor,    p.   218,  {  63ub. 
Business    of   dealing    in    fish,    wild    game    and    animals,    regulation    of,    p.    1192. 

Act    1340f. 
Cache   creek   or   its   tributaries,    use   of   nets,    seines,    traps   or   weirs   in    prohib- 
ited,   p.    1198,    Act    13401. 
Catfish,   protection   of,   p.   215.  $  628. 
Clums,   pismo,   protection   of,   p.   217,  S  628f. 

Cleveland   National    Forest,   hunting   in   forbidden,   p.    1725,    Act    2875a. 
Couiiuissioners,    fish    and    game,    governor   appoints,    p.    291,  §  368. 
Crab,    protection    of,   p.    214.  5  liJH. 


i 


INDEX.  2439 

GAME   LAWS    (Continued). 

Crappie,   limit  on   catch,  p.  216,  §  628b. 

Grapple,    protection   of,   p.   216,  §  628b. 

Crawfish,   protection   of,  p.  214,  §  628. 

Curlew,    limit   on    bags,    p.    211,  §  626d. 

Curlew,   protection  of,  p.  210,  §  626;   p.  21.^,  §  626n. 

Dealer  in  fish  and  game,  neglect  or  refusal  to  produce  register  a  misdemeanor, 

p.    218,  §  filSOb. 
Deer,   protection  of,  p.   212,  §  626f. 

Deer,    tracking  with   more   than   one   dog   a   misdemeanor,  p.   212,  §  626j. 
Division  of  state  into   fish  and  game   districts,   p.   1185,   Act    1295a. 
Dogs,    use   of   in   approaching  certain   birds   permitted,   p.   213,  §  626n. 
Dogs,   use   of   more    than   one   in    trailing   deer,    forbidden,    p.    212,  §  62&j. 
Doves,  limit  on  bags,  p.  211,  §  626d. 
Doves,   protection  of,  p.  211,  §  626a. 
Ducks,    limit   on   bags,   p.  211,  §  626d. 
Ducks,   protection   of,   p.   210,  §  626;   p.  213,  §  626n. 
Duck,   sale  of,  what  permitted,  p.  213,  §  626k. 

Fee  for  license  to  raise  game  animals  or  birds,  p.  218,  §  631d,  subd.  1. 
Fees  for  tagging  animals  or  birds  by  game  commission,  p.  222,  §  631d,  subd.  12. 
Fines  for  violation  of  game  laws,  disposition  of,  p.  213,  §  626k;  p.  221,  §  631d, 
Bubd.    9;     p.    223,  §632;     p.    224,  §632%:     p.    227, §634;    p.    227,  §  634  %  ; 
p.   228,  §§635%,    636;    p.    229, §§636%,    636b. 
Fines  for  violation  of  law  where  license  issued   to  raise  game  animals  or  birds, 

p.  222,  §  631d,   subd.   13. 
Fish  and  game  preservation  fund,  creation  of,  p.  1192,  Act  1340e. 
Pish   and  game  preservation   fund,    to   what   purposes   applicable,    p.    1192,    Act 

1340e. 
Pishing,  license  on,  p.  1186,  Act  1298;  p.  1187,  Act  1298a. 

Fishing  near   Santa   Catalina   island  limited  to  hook  and  line,   p.  227,  §634%. 
Fishing,    power   of    supervisors    to    declare    innavigable    streams     highways    for, 

p.   591,  §  4085%. 
Fish,   licensing   persons    engaged    in    business    of   propagating,    rearing,    selling, 

etc.,  p.   1194,   Act  1340h. 
Fish,  regulating  possession,  use,  sale,  etc.,  by  persons  in  business  of  propagat- 
ing, rearing  and  selling,  p.   1194,  Act   1340h. 
Game  commission,    receipts    from    sale    of    animals    or    birds,    disposition    of, 

p.  221,  §  631d,   subd.  9. 
Game   commissions,  right  to  take  fish  for  science  or  propagation,  p.  216,  §  628a; 

p.  224,  §  632%  ;  p.  227,  §§  634,   634%. 
Game   commission,  right  to  trap  game  to  dispose  of  for  domestic?°ion  or  prop- 
agation, p.  221,  §  631d,   subd.   8. 
Geese  may  be  hunted  with  blinds,  p.   213,  §  626n. 
Grouse,    limit   on   bags,    p.    211,  §  626d. 
Grouse,  protection  of,  p.  210,  §  626. 
Ibis,   limit  on  bags,  p.   211,  §  626d. 
Ibis,  pro*ction   of,   p.   210,  §626;    p.    213,  §  626n. 
,     Ice,   fishing  through   ice    forbidden,   p.   224,  §  632    (4). 

Innavigable   streams,   power  to  declare  highways   for  fishing,   p.    591,  §4085%, 
Killing  game   at   night     forbidden,    p.    212,  §  626m. 

License  for  fishing,   acts  imposing,  p.    1186,   Act  1298;   p.    1187,   Act   1298a. 
License  necessary  to  carry  on  business  of  dealing  in  fish  or  game,  p.  218,  §  630. 


2440  INDEX. 

GAME   LAWS    (Continued). 

License  on  vocation  of  dealing  in   fi«h  and  in   wild  game  and  animals,  p.   1192, 

Act  1340f. 
License   to   raise    game    animals    or    birdR,    fees    for    lagging,    p.    221,S631d, 

Bubd.   12. 
License   to   raise  game   animals   or  birds,   issuance  of,   p.  218,  §  631d. 
License   to   raise   game   animals   and    birds,    reports   by    licensee,    p.    221,8  63Id, 

subd.   6. 
License    to   raise   game    animals   or   birds,  right  to  kill  in  case  of,  p.  219,  i  fi.Tld, 

subd.   2. 
License  to  raise  game  animals  or  birds,  sale  of,  regulation*  govemiDg,  pp.  219, 

220,  221,  S  631d,  subds.  3-7. 
License   to   raise   game   animals  or  birds,  ri-voration  of,  p.  221,  S  631d.  subd.  11. 
License   to   raise    game   animals   or   birils.     tagging     of     animals     traiikpurted     or 

sold  and  report  on,  p.  219,  I  Cild,   subd.  3;   p.  220,  {  G31d,  subd.  4. 
License   to   raise   game   animals   or   birds,    transportation,    regulations   govemiog, 

p.    219,  J  «31d,    subd.    3;    p.    220,  5  <i31d.    subd.    4. 
Licensing   persons  engaged   in   business  of  propagatiitg,   rraring  aod  selling  fish, 

p.    1194,    Act   1340h. 
Lines,    use  of  what  prohibited,   p.   228,  I  638. 

Lines,    violation  of  provisions  us  to,   punishment  of,  p.  228,  {  636. 
Lobster,   protection   of,   p.   214,  J  (528. 
Mendocino    county,    taking    of    fish    by    weira,    daraa.    nets,    traps    or    seines    in, 

p.    1189,   Act   1339. 
Mokelumne  river,  fine  for  violating  statute  regulating  fiahing  in,  disposition  of. 

p.    229,  S  C3Gb.  I- 

Mokelumne    river,    fishing   with    weirs,    nela,    traps,    etc.,    in    forbidden,    p.    229, 

5  636b. 
Mokelumne    river,    fishing    with    weirs,    nets,    traps,    etc.,    in,    punishment    for 

violating  provision   as   to,   p.   229,  i  6.t6b. 
Monterey  hay.      See  post.   Nets,   this  subject. 
Monterey   bay,   fishing  by   weirs,   dams,   nets,    traps   or  seines  is.   preTention   of, 

p.    1194.   Act    134Ug. 
Monterey   bay,  preserve  for  shell  fish  and   invertebrate  animals  within,  p.   1191, 

Act    1340d. 
Napa   river    ond    its    tributaries,    use   of    nets,    s«ines,    traps   or   weirs   in    prohib- 
ited,   p.    1199,    Act    1340J. 
Nets,    fines    for    violation    of    law    regulating,    disposition    of,    p.    238,  SI  63-^ '■ 

636. 
Nets,    not   to  remain   fixed   more   than   si.x   hours,  p.  228,  {  f.36. 
Nets,    pnoiiizella,   using   in   Monterey    bay,    forbidden,    p.    229,  S636Vi. 
Nets,    paraiizella,    using   in  Monterey    bay,    punishment    for,    p.    229.  i636H 
Nets,   regulations  of,  where  used  for  salmon,  shad  or  striped  bass,  p.  225,  |  *'  '  i 
Nets,   set,  what  are,   p.  228,  §  636. 
Nets,   use    of,    on    Saturday    nights    and    Sundays    for    salmon,    shad    or    stri|"  1 

bass    forbidden,    p.    225,  $  634. 
Net,   use   of  two-inch   mesh   fish  net   a   misdemeanor,  p.   228,  i63£^4. 
Nets,   use   of   what   prohibited,   p.    228,  55  '>35  V4,    636. 
Nets,    violation   of  provisions  as   to.  punishment   of,   p.   228,  {  636. 
Night,  killing  game  at   night,   forbidden,  p.  213,  §  620m. 
Otter.   s«;a,   protection   of,   p.  214,  §  62t>q. 
Partridge,    protection    of,    p.    211,  §U12c. 


INDEX,  2441 

GAME    LAWS    (rnntinupcl). 

Perch,    Sacramento,    limit  on  catch,  p.  216,  §  628b. 

Perch,    Sacramento,  protection   of,   p.   216,  §  628b. 

Perch,   salt  water,  protection   of,   p.   218,  §  628g. 

Pheasants,   propagated  in   captivity,   sale  of,  p.  211,  §  626c. 

Pheasants,    protection  of,  p.   211,  §  G26c. 

Pheasants,   right  to  import,   rear  and  sell,   p.  211,  §  626c. 

Plover,   limit   on  bags,   p.  211,  §  626d. 

Plover,    protection   of,   p.   210,  §  626;    p.    213,  §  626n. 

Preservation     and    protection     of     wild    game    on     patented    land,     transfer    b> 

owners  to   state  of  right  of,  p.  1190,   Act   1340c. 
Preserve    for    shell-fish    and   invertebrate    animals    in    Monterey    bay,    p.    1191, 

Act  1340d. 
Preserves  for  breeding  elk  or  deer,  fencing  of,  p.  221,  §  631d,  Bubd.   10. 
Quail,    bob   white,    protection   of,   p.    211,  §  626c. 
Quail,   desert,   limit  on   bags,  p.  211,  §  626d. 
Quail,   desert,  protection  of,  p.  210,  §  626. 
Quail,   imported,   protection  of,   p.  211,  §  626c. 
Quail,   mountain,  limit  on  bag,  p.   211,  §  626d. 
Quail,   mountain,   protection    of,   p.    210,  §  626. 
Quail,   valley,    limit   on  bags,   p.   211,  §  626d. 
Quail,   valley,    protection    of,    p.    210,  §  626. 
Rabbit,   limit  on  bag,  p.  211,  §  626d. 
Rabbit,   bush,    protection    of,    p.    210,  §  626. 
Rabbit,   cotton-tail,    limit  on   bag,   p.   211,  §  626d. 
Rab"bit,   cotton-tail,   protection  of,  p.  210,  §  626. 
Rail,   limit  on  bags,   p.  211,  §  626d. 
Rail,   protection   of,   p.   210,  §  626. 
Sage-hen,  limit  on  bags,  p.  211,  §  626d. 
Sage-hen,   protection   of.   p.   210.  §  626. 
Sale  of  wild  ducks,    when   permitted,    p.    213,  §  626k. 
Sale  of  wild  game  prohibited,  p.  212,  §  626k. 
Sale  of  wild  game,    punishment    of,    p.    212,  §  626k. 

Salmon,   fines  for  violation  of  laws   relating  to,   disposition  of,   p.   22.5,  §  634. 
Salmon,   limit  on  catch,  p.  225,  §  634. 
Salmon,  protection   of,    p.   225,  §  634. 

Salmon  roe,  prohibition  against  use  of  as  bait  repealed,  p.  224,  §  632b3. 
Salmon,   sale   of  provisions   as   to,  p.   227,  §  634. 
Salmon,   United  States  or  state  commission  may  take  for  propagation,  p.   227, 

§  634. 
Salmon,  violation  of  law  for  protection  of,  punishment  of,  p.  227,  §  634. 
Santa  Catalina  island,  fishing  near  limited  to  hook  and  line,  p.  227,  §  634%. 
Santa    Catalina    island,    punishment    for    violating    statute    as    to    fishing    near, 

p.    227,  §  634  lA. 
Sea  otter,   protection   of,   p.   214,  §  626q. 

Season,   supervisors  may  shorten  but  cannot  lengthen,  p.  581,  §  4041,   subd.   28. 
Shad,    fine   for   violation   of   laws   relating   to,   disposition   of,   p.   225,  §  634. 
Shad,    limit   on    catch,    p.    225,  §  634. 
Shad,   protection  of,  p.  225,  §  634. 
Shad,    United    States    or    state    commission    may    take    for    propagation,    p.    227, 

§  634. 
Shad,   violation   of  law  for  protection   of,   punishment   of,   p.   227,  §  634. 


2442  INDEX. 

GAME   LAWS    fContinned). 

.Shorn    birds,    limit   on  h»e».   p.   211,  J  626d. 

Shore   birds,   protection   of,   p.   210,  }  626;    p.   213,  }  626a. 

Shrimp,   protection   of,   p.   214,  i  628. 

Snipe,   limit  on   bags,   p.   211,  S  626d. 

Snipe,    protection    of,    p.    211,  $  626d. 

Snipe,    Wilson,    protection    of,    p.    210,  5  626. 

Squirrel,    tree,    limit   on    bag,   p.   212,  i  626r. 

Squirrel,    tree,    protection   of,   p.   212,  I  62fi(t. 

Squirrel,  tree,  provisions  as  to  do  not  apply  to  Mendocino  roonly,  p.  212, 
J  626g. 

Steel  head   roe,   prohibition   against   Dse  of   as   bait    r«>pealed.   p.   224,  S  632b:i. 

Steel-head  trout,  fines  imposed  for  riolation  of  statute,  disposition  of,  p.  224, 
5  632  V4. 

Steel  head   trout,    protection   of,   p.   222,  {  632;   p.   224,  J  6S2H. 

Sturgeon,    protection    of.    p.    214,  }  62H. 

Sunfish,    blue  gill    or   itreen,    limit    on   cafeh,    p.    216,  }  628b. 

Sunfigh,   bluegill   or   (treen,   protection  of,   p.   216.  |  628b. 

Supervisors  may   pa.ss   ordinances  for  protection  of.   p.   581.  |  4041,   »oM.   28. 

Supervisors  may  shorten  seaiions  fixed  by  general  law,  p.  581,  8  4041,  sobd    28. 

Swan,    protection   of,   p.   211,  J  fi26c. 

Traps,   use  of,  prohibited,   p.   228,  {  636. 

Traps,   violation   of  provisions   as   to,   punishment   ot.   p.   228,  |  636. 

Trout,    catching   at    night    a    misdemeanor,    p.    213.  J  62Am. 

Trout,   fines   for  violation   of  laws  relating  to,   disposition   of,   p.   222.  |  632. 

Trout,    limit   on    catch,    p.    222.  }  632. 

Trout,    protection    of,    p.    222,  {  632. 

Trout,  regulation  of  catching  in  streams  flowing  into  I.ske  Tahne,  p.  223,  }  6.12. 

Trout,  steel-head,  fine  imposed  for  violation  of  statute,  disposition  of,  p.  224, 
§  632%. 

Trout,    steel-head,   limit  on   catch,   p.   224,8  632  4. 

Trout,    steel  head,   protection   of,    p.   222,  8  632;    p     224,  8  632  4. 

Trout,    steel-head,    punishment   for  violation   of  stsliile,   p.   224.  8  632  4. 

Trout,  I'nited  States  or  state  game  commission  may  take  for  science  or  prop- 
agation, p.  222,  8  632;   p.  224.  8  632  4. 

Trout,  violation  of  law  relating  to  catching  of,  disposition  of  fines,  p.  222, 
8    632. 

Turkeys,    wild,    protection   of,    p.    211.  8  626c. 

United  States  or  state  game  commission  may  take  fish  for  science  or  propaga- 
tion,  p.   222,  8  632;    p.   224,  8  632  4  :    p.   225,  8  634. 

Wardens,   fish   and   game,   are  county   officers,   p.   570,5  4013. 

Warden,   salary   and   expenses  of,   in   particular   county.      See  particular  county. 

Wilson   snipe,  protection  of,  p.  210,5  626. 

OARAGES. 

l.iens  of  proprietors  of,  p.   183,  5  3051. 

GARBAGE.      See    Pacific    Ocean;    Waters. 

GAS.       See   Gas   Corporations. 

Nalural,    capping  or  closing  of  wells  from   which   it   flows,  p.   1199,   Act    1345. 

Nnlural,    wasting  of,    prohibition    of,  p.    ll'Jii.    .\ct    1345. 

Naturnl,   wasting   of,   punishment   of,  p.   1190,    Act    1343. 


INDEX.  2443 

GAS   CORPORATIONS.      See   Public  Utilities. 

Duty   to  supply  gas  on  application  and  penalty  for  refusal,   p.    142,  §  629. 

GEESE.      See  Game   Laws. 

GENERAL.      See   Adjutant  General. 

GETTYSBURG. 

Provision  for  celebration  of  fiftieth  anniversary,  p.   1200,  Act  1353. 

GIFTS.      See  Treasurer,   State. 

Acceptance  by  cities  or  counties  of  gifts   and  levy  of  taxes   for  monuments  to 
California  pioneers,  p.  1201,  Act  1356a. 

GLANDERS.      See  Animals. 

GLASS. 

Throwing  upon  highway,   punishment  of,    p.   209,  S  588a. 

GLENN  COUNTY. 

Assessor,   salary  of,   p.   796,  §  4275,    subd.   7. 

Auditor,    salary    of,    p.    796,  §  4275,    subd.    4. 

Classification   of,   p.    569,  §  4006. 

Constables,  salaries,  expenses  and  fees  of,  p.  797,  §  4275,   subd.  14. 

Coroner,   fees  of,   p.   796,  §  4275,    subd.   9. 

County  clerk,  salary  of,  p.  796,  §  4275,  subd.  1. 

District  attorney  not  to  practice  law,  p.  796,  §  4275,  subd.  8. 

District    attorney,    salary   of,   p.    796,  §  4275.    subd.    8. 

District   attorney,    stenographer,    allowance    for,    p.    796,  §  4275.    subd.    9. 

Fish  and  game  warden,  salary  and  expenses  and  how  paid,  p.  594,  §  4149d, 

Jurors,   grand,   fees   and  mileage,   p.   797,  §  4275,   subd.    17. 

Jurors,    trial,    fees    and   mileage,    p.    797.  §  4275,    subd.    17. 

Justices,   salaries   and   fees,  p.   797,  §  4275,    subd.   13. 

Official    reporters,    fees    of,    p.    797,  §  4275,    subd.    16. 

Population  of,  p.   566,  §  4005c. 

Public   administrator,   fees   of,   p.    796,  §  4275,   subd.    10. 

Recorder,   salary  and  fees  of,  p.   796,  §  4275,   subd.   3. 

Registrar  of  voters,   salary,  fees,   allowances,   deputies  and   assistants,   pp.   600, 

601,  §  4149e. 
Sheriff,  salary,  fees,  commissions  and  expenses,  p.  796,  §  4275,  subd.  2. 
Superintendent  of  schools,   salary,   expenses   and  allowances  of,  p.   796,  §  4275, 

subd.    11. 
Supervisors,   salaries   and  mileage,   p.   797,  §  4275,   subd.   15. 
Surveyor,   fees   of,   p.    797,  §  4275,    subd.    12. 
Tax   collector,   salary  of,   p.    796,  §  4275,    subd.   6. 
Treasurer,    salary   of,   p.    796,  §  4275,    subd.    5. 

GOVERNOR. 

Authorized  to  issue  licenses  to  men  to  organize  as  military  companies,  p.   1484, 

Act    2203. 
Board  of  control,   appoints  members  of,   and  fills  vacancies,  p.   324,  §  654.. 
Canalization     of    rivers,    duty    of    governor    in    relation     to    investigation    into, 

p.   2331,   Act   4368a. 
Notaries,  number  that  may  be  commissioned  for  various  counties,  p.  338,  §  791. 


2444  INDEX. 

GOVERNOR   (Continued). 

OfRrprs,   what   appointed  by,   p.   291,  $  368. 

Quarantine,    approval    by    governor,    p.    490,  $S  2319s,    2319b. 

Quarantine   lines   and   rules,   proclamation   by   as   to,   p.    491,  S  2319e. 

State  horticultural   commissioner,    considerations    guiding   governor    in    tppoint- 

ing,   p.   488,  §  2319. 
State  horticultural   commissioner,    may   remove,   p.   488,  {  2319. 
State    horticultural    commissioner,    vacancy    iu    office,    governor    to    ftll,    p.    488, 

S  2319. 
Superintendent    of    banks,    appointed    by    governor    mnd    holds    st    pleasure    of, 

p.    913,    Act   297,  S  120. 
Superintendent   of   capitol,   appointment   and   term  of  office,   p.   334,  |  716. 
Superintendent  of  state  printing,  appointed  by  snd  holds  st  plessure  of,  p.  3i''' 

5  530. 
^Vaters,  carrying  into  another  itste,  duty  to  prevent,  p.  2330,  Act  4331. 

GRADES.      See    Railroads. 

ORAND  ARMY  OF  THE  REPUBLIC. 

ApppDpriatiun   for   exptiifers   of   natinnal   encampment,    p.    1203.    Act    1394. 
Rooms   for  in   capitol   building  st   Sacramento,   p.   1203,   Act    1393. 

GRAND  JURY. 

Ai'iinc  after  challenge  allowed,  provision  as  to  repealed,  p.  194,  S  164. 

Aflviro  of  judce  or  district  sttorney.  msy  aak,  p.  236,  I  925. 

Challenge  to  juror,  ground  for,  p.  2.T5,  {  S95. 

Challenge    to    jurors,    sections    896-901    of    Penal    Code    relating    to,    repealed. 

p.    235.  5  5  896-901. 
Challenge   to   panel,    not  allowed,   p.   235,  5  895. 
Charge   of   court    to.   p.   237,  5  928. 
District   attorney   may    sppenr   before,    advise    snd   ezsmine   witnesses,    p.   236. 

5  925. 
Excusing  after  juror  drawn  and  found  Qnalifled,  p.  235.  5  894. 
Experts   and   assistants,    compcnsaticm    of    and   how   paid,    p.   237,  {  928. 
KxpcrtR   and   assistants,   power   to   employ,    p.    237,  |  928. 
Koninan    to    state    matter    for    consideration    and    request    prejudiced    juror    to 

retire,   p.   285,  5  907. 
Intfrpreler,    may    subpoena,    p.    230,  5  925. 
Inlpri)reler,   services   of  are   •   county   charge,   p.   236,  5  925. 
Interpreter  subpoenaed  by  may  be  present  at   examination  of  wituesirs,  p.  2  36. 

5  925. 
Judge   not   to   he   present   at    sessions  of,    p.   236,  $  925. 
Juror   found   to   be   qualified,    duty    to   accept,   p.   235.  5  894. 
Juror  must  be  found  to  bo  ((uslified  before  arri-pled,   p.  235,  i  894. 
Odicers.    investigation    and    reports   as    to,    p.    •_'.H7.  §  928. 
Oflicers,    report   and   recunnnt  iiilalion   as   to,    p     •j:i7.  5  928. 
Officers,    n-port    as   to,   comnn-nts   in    not   privilij;ed,    p.   237,  {  928. 
Officers,   report    as    to,    copies    to    be    sent    to    legislators    representing    county. 

p.   237.  5  928. 
Officers,   to  examine  books,   records  and  accounts  of.  p.  227,  |  923. 
Particular   counties,    of.      See    particular   county. 
Powers    and   duties   of,   p.   237,  $  9'J8. 


INDEX.  2445 

GRAND  JURY  (Continued). 

Prejudiced  juror,  duty  of  foreman  and  punishment  for  neglect  of  duty,  p.  235, 

§  907. 
Prejudiced,   duty  to  retire   and  punishment  for  failure,   p.   235,  §  907. 
Present,   no  one  permitted   to  be  durinp  deliberations  and  voting,  p.  236,  S  925. 
Present,   wh.,   only  may   be,  during  sessions  of,   p.  236,  §  925. 
Proceedings   and   deliberations,    p.    23b,  §  925. 
Qualifications  and  acceptance  of,   p.  1235,  §  894. 
Stenographer,   appointment  of,   p.   236,  §  9'25. 

Stenographer,   cost  of   services  of   is   a   county   charge,   p.   236,  §  925. 
Testimony,   transcription  of  and  service  of  copy  on  defendant,  p.   236,  S  925. 

GROUSE.      See  Game  Laws. 

GROWING  TREES.      See   Forestry. 

Highways,    trees   on,    amendments   of    act    of    1909    providing   for    the    planting, 
protection  and  preservation  of,  p.  1238,  Act   1468. 

GUTlRANTY. 

Food,   liquors   or  drugs,   guaranty  as  a   protection   in   prosecution   for  adultera- 
tion or  mislabeling,  p.  824,  Act  29;  p.  831,  Act  48,  §  9. 
Mortgage   insurance.      See   Mortgage   Insurance;    Corporations. 

GUARDIAN  AD  LITEM.      See  Infants;   Insane  Persons. 

Compromise  of  case  by,  authority  of  guardian  ad  litem  as  to,  p.  15,  §  372. 
When  may  be  appointed,  p.   13,  §  372. 

GUARDIAN  AND  WARD.      See  Infants;   Insane   Persons. 

Abandonment   of  child  by  parent,    compelling  parent   to  work   and   paying  pro- 
ceeds   to    guardian,    p.    197,  §  273h. 
Account,   failure  to   file,  revocation   of  letters,   p.   92,  §  1773. 
Account,    how    often    to    be    rendered,    p.    93,  §  1774. 
Account,   termination  of  guardianship  does  not  affect  jurisdiction  of  court  over, 

p.   93,  §  1774. 
Account,   verified,  to  be  filed  annually,  p.  92,  §  1773. 
Appraisement   of   estate,    how   made,    p.    92,  §  1773. 
Appraisement   of   estate,   making  and  filing  of,   p.   92,  §  1773. 
Compromise  of  case,   authority   as   to,   p.   15,  §  372. 
Conveyance  by  guardian  of  minor  succeeding  to  estate  of  person   dying  before 

making  conveyance,   p.   93,  §  1810a. 
Death  of  guardian,   settlement  of  accounts  of,   p.   85,  §  1639. 
Death  of  vendor  before   conveyance,  completion   of  sale  by  guardian  of  infant, 

p.   93,  §  1810a. 
Deposit  of  funds    with    trust    company,    ordering    by    court    and    reduction    of 

bonds,   p.    907,   Act   297,  §  93. 
Deposit  of  trust  funds  with  trust  company  under  order  of  court  and  discharge 

from  liability,  p.  906,   Act  297,  §  91. 
Fine  imposed  for  nonsupport   of  child  may  be  paid  to  guardian,   p.   197,  §  270d. 
Foreign  guardians,   satisfaction  of  mortgage  by.      See  Mortgages. 
Funds  may  be  invested  in  bonds  of  reclamation  districts,  p.  534,  §  3480;  p.  1344, 

Act    1732b. 
Illegitimate   child,   guardian   may   sue   father   for   support,   p.    108,  §  196a. 
Insane  persons,  of.      See  Insane  Persons. 


2446  INDEX. 

GUARDIAN  AND  WARD    f  Continued) . 

Inventory,  duly  to  tile  and  time  of  filinf:,  p.  92.  §  1779. 

Inventory,    failure    to    return,    revoking    letters,    p.    92,  §  1773. 

Inventory,   property  received  after  filing  of,  duty  as   to,  p.   92.  5  1773. 

Inventory,    recording   of.    p.    92.5  1773. 

Juderncnt   in    favor  of   infant,   payment   of  to  guardian,   p.   94,  i  1810b. 

Lease    of   property,    power    to    order,    p.    80,  §  1577. 

Mortgage    of '  property,    power   to   order,    p.    80.  }  1577. 

Mortgage  of  property,   procedure,  p.  80,  {  1577. 

Proxies,    guardian    may    give,    p.    115,5  321b. 

Sale   of   mining   property   or  option   on,   power  to   aathorit«,  p.   80,  |  1577. 

Sale   of   mining   property   or  option   on,    procedure,   p.    80,  5i  1577,    1580. 

Sale   of   property   where   income   insufficient,    p.    93.  J  1777. 

Shares  of  stuck  of  mino|^  or  insane  person,  guardian  to  represent,  p.  114,  {  3in. 

Trust   company   as   guardian    applies   to   estate   only   and   not   to  person,   p.   90G, 

Act    297,  5  90. 
Wages,    as.sigiiment    of   by    infant,    written    consent   of    ward   necessary,    p.    IS?. 

5  955. 

GUNPOWDER.      See   Kxplosivea. 

H 

HARBOR    COMMISSIONERS. 

tian    Kraiicisro,  authorized   to  construct  drydoeki  and  to  regulate  tolls,  p.   120r>. 

Act    1430a. 
San   Francisco,  bonds  for  improvement  of  harbor,   submission  of  issuance  of  to 

people,   p.    1206,   Act   1436a. 
San   Krancisco,     creation,    appointment,     term    of    office,     organisation,    powers 

duties,    etc.,    p.    499,  5  2520. 
San    Francisco,   city   authorized   to  construct   railroad  on   landa  of.   p.   1904,  Act 

3347. 
San    Francisco,    president,    election,    powers    and   duties,    p.    499,  5  2520. 
San    Francisco,   railroads,   authorized   to   locate,   construct,   maintain   and  operate, 

p.    1203,    Act    l-12ia. 

HARBORS. 

Cities,   authority  of   as  to.      See   M  uiu.-ip.ii   t'orpcrations. 
Improvement   of  by  cities,   funds  fur,   p.    15G6,   .\ct   2389e. 
Particular   harbor.      See  particular  title. 

HEALTH.      See  Hoard  of  Health;    Public   Health;   State  Board  of  Health. 

HEALTH  INSURANCE. 

Capital    sto,-k   reciuired   of,    p.   309,  5  16. 
What    iiuhulid   in,   p.   307,  5  594. 

HEALTH   OFFICERS.      S.e    Fublic    Health. 

HEAT. 

Cities    suthori/ed    to    grant     t ranriiises    to    lay    Ftc.^m  besting    pipes    in    streets. 

p.    l.".(;.^>.   Act   jasoc. 
Companies   to   furnish    for   buildings   within   one   hundred   feet   of   main,   p.    142, 

S  629 


INDEX.  2447 

HEATING  CORPORATIONS. 

Duly   to  supijly  heat  on  application  and  penalty  for  refusal,  p.   142,  S  629. 
rranchisc  for  laying  pipe,   cities  authorized  to  grant,  p.   1565,   Act  23U9C, 

HEIRS.      See   Estates   of   Decedents. 

HIGH   SCHOOL  CADET   COMPANIES.      Bee   Military   Companies. 

HIGH   SCHOOLS.      See    Schools. 

HIGHWAYS. 

Bonds,  election,  notice  for,  contents  of,  p.  508,   §  2761. 

Bonds    for,    form   of,    p.    508,  §  2764. 

Boulevard   districts.      See    Boulevards. 

Bridges.      See   Bridges. 

Canal    or   ditch,    laying   out   highway    across,    procedure    and    damages,    p.    505, 

§  2694. 
Cities   authorized  to   construct,    maintain   and  operate   pipes,    lines,   etc.,    across, 

p.    1564,   Act   2389b. 
Condemnation   of  land  for.      &'ee    Eminent   Domain. 
Construction,   supervisors  authorized  to   pay  part   of  out  of  general  fund,   when, 

p.    506,  §  2712. 
Connecting  counties  of  Trinity,   Tehama  and   Shasta   counties  with   road  system 

of  Humboldt  county,  p.  1233,  Act  14571. 
County,   supervisors,  powers  of  over  enumerated,  p.   500,  §  2643. 
Glass,   tacks,   etc.,   throwing  upon  highway,   punishment   of,   p.  209,  §  588a. 
Highway    commission,    appointment    of,    p.    1216,    Act    1448. 
Highway    commission,    bonds   of   commissioners,    p.    1216,    Act    1443. 
Highway  commission,   existence  ends,  when,   p.   1216,   Act   1448. 
Highway   commission,    of  whom   consists,   p.    1216,    Act   1448. 
Highway  commission,    qualifications  of  members,  p.   1216,   Act   1448. 
Highway  commission,   term  of  office  of  members,  p.    1216,   Act   1448. 
Highway  commission,   vacancy,  filling  of,   p.   1216,   Act  1448. 
Highway    engineer.      See    Department   of   Engineering. 
Improved  under  bond    issues,    maintenance   of,    p.    1241,   Act    1463a. 
Improved  under  bond  issues,   supervisors  authorized  to  levy  ta.xes  for,  p.   1241, 

Act  1468a. 
Improvements,   advertisements  for  bids   for  performance   of   work,    when   neces- 
sary,  and  how  made,  p.  502,  §  2643,   subd.  11. 
Improvements,    completion   of    contract  for,    certificate    by   surveyor,    acceptance 

and   payment,    p.    503,  §  2643,    subd.    12. 
Improvements,   kinds  and   character  of,  p.    1217,   Act    1448,  §  10. 
Improvements,    letting    out    work    by   contract    and   part   payments    on,   p.    502, 

§  2643,    subd.    11. 
Lights   on.      See  Lighting  Districts. 
Naming  of,  procedure,  p.   500,  §  2636. 

Officers,  liability  for  injuries  from  defects  in,   p.  1611,  Act  2554. 
Power  of  supervisors  to  declare  innavigable  streams  highways  for  fishing,  p.  591, 

§  4085  1^. 
Private  roads,  opening,   laying  out  or  altering,  procedure,  p.   504,  §  2692. 
Railroad  not  permitted  on  improved  highway,  p.   1217,  Act   1448,  §  10. 
Railroad  or  street  railroad,  laying  out  highway  across,  procedure  and  damages, 

p.   505,  §  2694. 


2448  INDEX. 

HIGHWAYS   CContinupd). 

Road    ilistrict    improvement    tet   of    1907,    officers    and    employees,    ippointtnent, 

qualifications  and  salaries,   p.   1234,  Act   1463. 
State    aid,    construction    and    maintenance    in    cities    and    towns,    p.    1242,    Act 

1468c. 
State,  Alpine,  course  of  defined,  p.  1229,  Act   1457e. 
State,  Alpine,  estahliKhment  of,   p.  1229,   Act   1457e. 
State,    Alpine,    supervisi<in,    construction,    repair   and    maintenance   of,    p.    1229, 

Act   14.57e. 
State,    authority   and   power   of   department    of    engineering   orer,    p.    1972,    Act 

3812,  S  9. 
State,  changing  Emigrant  Gap  road  so  as  to  eliminate  grmde  crossing  over  high- 
way,  p.    1230.   Act    14.S7g. 
State,  counties  authorized  to  acquire  rights  of  way  for  and  to  construct,  p.  1233, 

Act  1468a. 
State,     from     Bakersfield     to     San     Buenaventara     declared     to     be,     p.     1230, 

Act  1457h. 
State,    from    Meyers    Station    in    El    Dorado    county    to    McKinney's    in    Placer 

county,  p.   1230,  Act   1457f:   p.   13ii5,  Act   1865. 
State,  from  Saratoga  Gap  tu  California  Redwood  Park,  p.^1006.  Act  511a. 
State,    from    Shasta    county    line   through   Lassen   county   to   Modoc   county    line, 

p.   1228,   Act   1457d. 
State  highway   bonds,   payment  of  interest  on  by  counties,   p.   1241,   Act   1468b. 
State  highways,   highway   engineer.      See   Department   of  Engineering. 
State,    Lake    Tahoe    wagon    ruad,    apprupriation    for    impruvement    of,    p.    1335, 

Act  1864. 
Streets.      See  Streets. 

Streets  in  city,  use  of  as  part  of  highway  system,  p.  1560,  Act  2366. 
Supervisors  authorized   to   pay   part  of  constructing  out   of  general   fund,   when, 

p.    506,  {  2712. 
Supervisors  have  chargr   of  maintenance  and   repair  of,   p.  503,  ]  2646. 
Supervisors,    powers    and    duties   of    oTer    enumerated,    p.    501,  {2643;    p.    503, 

{  2646. 
Supervisors  to  call  for  bids  for  improvements  when,  p.  502.  |  2C43,  subd.  11. 
Tax,  road  fund,  power  of  supervisors  to   levy,  p.  583,  {  4041,   subd.  38. 
TaT,   road   fund,   purposes   for  which   used.   p.   583,  $  4041.   subd.   38. 
Trees    on,    amendment    of    act     of    !;mo.i    providing    for    planting,    protection    itd 

preservation  of,  p.   1238,  Act  14C:i. 


HIRING.      See  Master  and  Servant. 

HOGS.      See   Animals. 

HOLIDAYS. 

Last  day   (ailing  on,   next  day  a  holiday,  p.   1,  I  10. 

Primary  election,   general,  day  of  holding  a   legal  holiday,  p.   1086,   Act  lOli 

13. 
Saturday   afternoon   a   holiday,   p.    1.  §  10;    p.   103,  {  7. 
Saturday  afternoon  a  holiday  in  public  oflRcos,  p.   103,  {  7. 
Saturday  afternoon,  what  acts  may  be  done  on,  p.   1,  |  10;   p.   103,  S  7;  p.  2^9 

§  10. 
Saturday  afternoon,  process  may  be  issued,   filed  or  served  on,  p.  1,  |  10 


I 


i 


INDEX.  2449 

HOLIDAYS   (Continued). 

Saturilay  afternoon,  what  acts  may  be  done  on,  p.  1,  §  10. 

Saturday   afternoon,    written  instruments   may  be   executed,    served   or   filed   on, 

p.  1,  §  10. 
Saturday,   schools  to  be  closed  on,   p.   259,  §  10. 
School   holidays.      See   Schools. 
School    holidays   enumcrati'd,    p.    1,  §  10. 
School,  power  of  school  boards  to  declare,  p.   1,  §  10. 
Schools,  exercises  to  be  held  on  holidays  by,  p.  1,  §  10. 

Sunday,  holiday  falling  on,  Monday  is  celebrated,  p.  103,  §  7;   p.  259,  §  10. 
What  "days  are,  p.   1,  §  10;   p.  103,  §  7  ;   p.  259,  §  10. 

HOME  OF  FEEBLE-MINDED.      See  Insane   Asylums. 

HOMESTEADS. 

Death  of  spouse,  assigning  homestead  to  use  of  family,  p.  158,  §  1265. 

Death  of  spouse,  in  whom  vests,  p.  158,  §  1265. 

Death  of  spouse,  proceedings  on.      See  Estates  of  Decedents. 

Decree   terminating  on   death  of  party,  p.   89,  §  1723. 

Execution   against,  appraisement  of,  application  for,  how  made,  p.   157,  §  1246. 

Execution  against,  appraisement  of,  creditor  may  apply  for,  p.   157,  §  1245. 

Execution  against,  appraisement  of,  notice  of  time  and  place  of  hearing,  p.  157, 

§  1248. 
Execution  against,  appraisement  of,  petition  for,  service  of  and  time  for,  p.  157, 

§  1248. 
Execution   against,   appraisement   of,   time   to  apply  for,  p.   157,  §  1245. 
Exemption  of  from  debts,  p.  158,  §  1265. 
Exemption   of  proceeds   on   sale   of,   p.    158,  §  1265. 

Premises  constitute  homestead  from  time  declaration  filed,  p.   158,  §  1265, 
Rights  of   survivor  in.      See   Estates  of   Decedents. 

HORSERACING. 

Pool-selling  and  bookmaking,  prohibition  and  punishment  of,  p.   200,  §  337a. 

HORSES.      See  Animals. 

HORTICULTURAL    COMMISSIONER.      See     County    Horticultural     Commissioner; 
State  Horticultural   Commissioner. 

HORTICULTURE. 

County  horticultural  commissioner.      See  County  Honicultura!  Commissioner. 
Protection   of   and  prevention  of   introduction   of   injurious   insects   or   diseases, 

Act  of   1912,  relating  to,   p.   1245,   Act   1517a. 
Protection   of   and  prevention   of   introduction   of  injurious   insects   or   diseases, 

repeal  of  act  of  1899,  relating  to,  p.  1245,  Act   1517. 
Quarantine  for  protection  of  fruit  trees,  vines,  bushes,  etc.,  p.  1245,  Act  1517a. 
Smelters.      See  Smelters. 
State    board    of    horticultural    examiners.      See    State    Board    of    Horticultural 

Examiners. 
State   horticultural   commissioner.      See   State  Horticultural   Commissioner, 

154 


2450  INDEX. 

HOSPITALS. 

M:it(rnity   hospital*    and   lying-in    asylums,    licensing,    inspecting   and    regnlating 
by  state  board  of  charities   and   correctiona,  p.   1398,   Act   1943. 

HOTELS. 

Exit    and    stairway    signs,    duty    to    post    and    penalty    for    neglect,    p.     12.tO. 

Act   1.529. 
Building   and   occupancy   of   hotels   and    lodging  houses,    regulation   of,    p.    I'JJl. 

Act  1.530. 

HOURS  OF  LABOR. 

(•■finals  cmpluyees,  limit  on,  p.  1260,  Act   1537. 
Iijfnnts,   fur,   regulation  of,  p.   1273.  Act   1611. 
Railroad  employees,  for,  p.   1M19,  Act  293C. 
Uiidtr^round  mines,   in,  p.    1490,   Acts  2230,   2230a. 

HOUSES.      .See  Tenement  Houses. 

HOUSES   OF   PROSTITUTION.      See   Prostitution. 

HUMANE    SOCIETIES.      See    Corporation!    for    hr.  v.ntijn    of    Cruelty    t«    Children 
and  Animals. 

HUMBOLDT  COUNTY. 

AsMss'ir,    nunmis.sions  to  be  paid  into  county  treasury,  p.  690,  |  4244,  snbd    « 
AsNeKKur,   (It-putii-s   and    assistants,    number,   appoinimeni    and    salariea,    p.    690. 

§  4244,   subd.    8. 
AsiiPHsnr,   may  employ   assistance   in   making   maps.   pUts  and  drawiufs,  p.  690, 

§  4244,   subd.   8. 
Assessor,  salary  of.  p.   690,  i  4244.  subd.  8. 
Auditor,   salary  of.  p.   686,  }  4244,  subd.  4. 
Classification   of,    p.    .567.  S  4006. 

Constables,   fees,   what   allowed   to,   p.   693.  f  4244.   tnbd.   17. 
Constables,   number,  salaries  and  fees.  p.  688.  |  4244,   subd.   17. 
Coroner,  fees  of,  p.  692.  $  4244.   subd.   10. 
County    clerk,    deputies,     number,     appointment    and    salaries,    p.     0«9.  J  4244, 

Rubd.   1. 
County  clerk,  salary  of.   p.  689.  5  4244.   subd.   1. 

District   attorney,   deputy,   appointmi-nt    and   salary,   p.   «90.  t  4244.    subd.    9. 
District  attorney,   not   to  practice  law   while   in   office,  p.  690,  |  4244,   subd.   9. 
District    attorney,   salary   of.   p.    C90,  J  4244,   subd.   9. 

Ki.sh   and  game  warden,   salary   and   expenses  and  how  paid.   p.   .S94,  5  4l49d. 
Highway   connecting  Trinity,  Tehama   and   Shasta   counties  with   road   system   of 

Humboldt  county,   p.    1233,   Act    14571. 
Jurors,    grand,   compensation   and   mileage,   p.  694.  |  4244,  vabd     18. 
.lurors  in  justices'  courts,  fees  and  mileage,  p.  694.  5  4244.  subd     ID. 
.Turors,   trial,   compensation   and   mileage,   p.   694.  5  4244.   subd.    18. 
Justice,   fees,   what   allowed   to,   p.   092.  §  4244.   subd.    16. 
Justices,  number,  salaries  and  fees  of.  p.  692.  J  4244,  aubd.  16. 
License   collector,    allowed   ten    per   cent    of   collections,    p.   690.  f  4244,   tubd.    7 
Ofticial  shorthand  rejiorler,  salary  and  fees,  p.   692,  8  4244.   subd.   15. 
Population    of.   p.    5(>,5,  5  4005c. 
Public   administrator,    fees   of.    p.   691,  8  4244,   subd.    11. 


I 


INDEX.  2451 

HUMBOLDT  COUNTY  (Continupd). 

lifccirdcr,   ilt'imtifs,   numljor,   appointment   and  salary,  p.   690,  §  4244,  subd.   3. 
Recorder,   fees,   what  to   pay  into   treasury  and  what  may  keep,   p.   690,  §  4244, 

subd.   3. 
Recdider,    salary   of,    p.   690,  §  4244,    subd.    3. 
RpK'strar  of   voters,    salary,   fees,   allowances,    deputies   and  assistants,    pp.   596, 

601,  §  4149e. 
Salaries  and  fees,  how  and  when  paid,  p.   695,  §  4244,   subd.  20. 
Sheriff,   deputy,    appointment,    and   salary,    p.    690,  §  4244,   subd.   2. 
Sheriff,    salary   of,   p.   690,  §  4244,    subd.   2. 

Shorthand   reporter,   salary  and  allowances,  p.   692,  §  4244,    subd.    15. 
State  normal  school,  establishment  of  in,  p.  1916,  Act  3553a. 
Superintendent    of    schools,    deputy,    appointment    and    salary,    p.    691,  §  4244, 

subd.   12. 
Superintendent  of  schools,  salary  of,  p.  691,  §  4244,   subd.   12. 
Supervisors,   mileage  as  road  commissioners,  p.  692,  §  4244,   subd.    14. 
Supervisors,  salary  and  mileage,  p.  692,  §  4244,  subd.  14. 
Surveyor,   salary  and  expenses,   p.   692,  §  424-1,   subd.    13. 
Tax  collector,   deputy,   appointment   and  salary,   p.   090,  §  4244,   subd.   6. 
Tax  collector,   salary  of,   p.  690,  §  4244,   subd.   6. 
Treasurer,    salary  of,   p.   690,  §  4244,   subd.   5. 

HUSBAND  AND  WIFE. 

Abandonment  or  neglect  of  wife,  compelling  husband  to  work  and  paying  pro- 
ceeds to  wife,  p.   197,  I  273h. 

Abandonment  or  neglect  of  wife,  competency  of  wife  as  witness,  p.  251,  §  1322. 

Action  by  for  damages  to  wife,  consequential  damages  to  husband  recoverable 
without   separate  statement,  p.   19,  §  427. 

Assignment  of  wages  or  salary,  written  consent  of  wife  or  husband  necessary, 
p.   152,  §  955. 

Competency  of  as  witnesses  in  criminal  actions,  p.  251,  §  1322. 

Fine  imposed  for  nonsupport  of  wife  may  be  paid  to  wife,  p.   197,  §  270d. 

Infants.      See  Infants. 

Married  women  as  parties.      See  Married  Women. 

Nonsupport  of  wife,  abandonment  or  neglect  is  prima  facie  willful,  p.  197, 
§  270e. 

Nonsupport  of  wife,  proof  of  marriage,  p.  197,  §  270e. 

Nonsupport  of  wife,  rule  as  to  privileged  communications  between  does  nov 
apply,  p.  197,  §  270e. 

Privileged  communications  between,  what  are,  p.  96,  §  1881. 

Torts  of  wife,  liability  of  husband  for,  p.  108,  §  171a. 

HYGIENIC  LABOEATOEY.      See  State  Board  of  Health. 


IBIS.      See  Game  Laws. 

ILLEGITIMACY.     See  Legitimacy. 

IMMIGRATION. 

Act  of  1913,  relating  to  immigrants  and  immigration,  p.  1261,  Act   1589. 


2452  INT)EX. 

IMMIGRATION   (Confinu<>d). 

Cfjinmisgion   of,   creation   of,  p.   1201,   Act   1589. 

Commission,  duties  of,  p.   1261,  Act   1589. 

Commission    of,    number    of    commissioners,    appointment    and    terms    of    oflRce, 

p.    12G1,   Act    1589. 
Commission    of,     officers    and    employees    of    and    compensation    of,    p.     1261, 

Act  1589. 

IMPEEIAI,  COUNTY. 

Agricultural   e.vpcriment   station   in,   estahri.<ihmrnt   of,  p.   2255,   Act   4263f. 

Assessor,  deputies,  number,  appointment,  salaries  and  fees,  p.  769,  {  4265, 
Bubd.  7. 

Assessor,  not  allowed  fees  for  collection  of  personal  property  taxes,  p.  769, 
S  4265,  suhd.   7. 

Assessor,   salary  of,  p.  769,  i  4265,  subd.  7. 

Auditor,   salary  of,  p.   769.  S  4265,   subd.   4. 

Classificution  of,  p.  569.  S  4006. 

Constables,  duties  of,   p.   770,  J  4265,   tubd.   14. 

Constables,  population  of  rountirs,  huw  ascertained  for  purpose  of  flxlnf  sal- 
aries, p.  771,  i  4265.  subd.  16. 

Constables,   salaries,   milenfre   and   fees   of,   p.   770,  J  4265,   subd.    15. 

Coroner,  fees  of,  p.  770.  §  42C.'>,   subd.  9. 

County   clerk,   deputies,   salaries  of,   p.   768.  {  4265,   subd.    1. 

County  clerk,  salary  of,  p.  768,  {4265,  subd.   1. 

District   attorney,   deputy,   salary   of.   p.   769,  I  426.'!.   subd.   8. 

District   attorney,   salary   of,   p.    769,  {  42G.i,   subd.   8. 

District  attorney,  stenographer,  appointment,  compensation  and  duties,  p.  769, 
§  4265,  subd.   8. 

Expenses,  ofKcors  are  allowed  unles6  olberwiae  provided,  p.  771,  ]  4265, 
subd.    20. 

Yinh  and   trame  warden,  salary  and  expenses  and  how  paid,  p.   594,  {  4149d. 

Health   officer   and  county   physician,   salary  of.  p.   771.  }  4265,   subd.    18. 

Horticultural  commissioner,  inspt'cturs,  number,  appointment  and  aalarlea, 
p.   771,  5  4265,  subd.   17. 

Horticultural   commissioner,   salary   of.   p.   771.  {  4265,   subd.   17. 

Jurors,   crarui.   fees   and   mileaRe,   p.   771.  J  426,'),   subd.   21. 

Jurors,   trial,   fees  and  mileage  of,  p.   771,  §  4265,   subd.  21. 

Justices,  population  of  townships,  how  ascertained  for  purpose  of  fixing  sal- 
aries, p.  771,  §  4265,  subd.  15. 

Justices,    salaries   of,   p.   770,  $  4265,    subd.    13. 

Population   of,  p.   5Cf,  §  4005c. 

Public   adininistrator,    fees   of,   p.   770,  §  426.'».    subd.    10. 

Recorder,  deputy  and  copyists,  appointment  and  compenaation,  p.  769.  {  4265. 
subd.  3. 

Recorder,  salary  of,  p.   769,  S  4265,  subd.  3. 

RcKistrar  of  voters,  salary,  fees,  allowam-es.  deputies  and  assistants,  p.  509. 
§  4149e. 

Sanitary   inspector,   duties   and   salary,   p.    771,  5  4265,   snbd.   18. 

Sheriff,   salary   and  mileage,    p.    768,  S  4265,   subd.   2. 

Sheriff,  under  sheriff  and  deputies,  appointment  and  salaries  of,  p.  768.  {  426.'. 
subd.  2. 

Superintendent  of  schools,  deputy,  appointment  and  salary  of,  p.  770,  }  4265, 
subd.    11. 


INDEX.  2453 

IMPERIAL  COUNTY   (Con finned). 

Suporiiiffiident    of    scluxils,    receives   no   compensation    as   member    of   board   of 

education  or  as  secretary,  p.  770,  §  4265,  subd.  11. 
Superintendent  of  schools,   salary  of,   p.   770,  §  4265,   subd.   11. 
Supervisors,   salaries  of,  p.   771,  §  4205,   subd.   16. 
Surveyor,    duty    to    prepare    maps,    plats    or   block-books    for    assessor,    p.    770, 

§  42G5,   subd.   12. 
Surveyor,   salary  of,  p.   770,  §  4265,   subd.   12. 
Tax    collector,    salary    and    commissions    on    licenses    collected,    p.    769,  §  4265, 

subd.   6. 
Treasurer,   salary  of,  p.   769,  §  4265,   subd.   5. 

Veterinarian,  deputies,  number  and  salaries,  p.  771,  §  4265,  subd.  19. 
Veterinarian,    salary   of,   p.   771,  §  4265,   subd.    19. 

IMPERIAi  IRRIGATION  DISTRICT. 
Boundaries  of,  p.  1319,  Act  1725b. 
Formation  and  organization  of  validated,  p.  1319,  Act  1725b. 

IMPROVEMENT  BONDS. 

Sale  of  cannot  be  enjoined  by   taxpayer,   p.   22,  §  526a. 

To    represent    certain    special    assessments    for    public    improvements,    p.    950, 
Act  390. 

INDEMNITY. 

Act    of    1911,    providing   for   contracts    for    exchange    of    indemnity    superseded, 

p.   1295,   Act   1672d. 
Associations    for    exchange    of    contracts    providing    for    authorized,    p.    1291, 

Act  1672c. 
Associations    for    exchange    of    contracts    providing    for,    license    of,    p.    1291, 

Act  1672c. 
Associations   for   ejcchange   of   contracts   providing   for,   regulation    of,    p.    1291, 

Act  1672c. 

INDIANS.      See   Soboda  Indians. 

Sale  of  firearms  and  ammunition  to,  section  relating  to  repealed,  p.  205,  §  398. 

INDICTMENTS. 

Amendment   changing  offense  not   allowed,  p.   239,  §  1008. 

Amendment   of,   right   of,   p.   239.  §  1008. 

Amendment  to,  time  of,  p.  239,  §  1008. 

Dismissal  as  a  bar,  p.  239,  §  1008. 

Dismissal,  resubmission  of  case  after,  proceedings  on,  p.  239.  §  1008. 

Dismissal    to    be    ordered   where    demurrer    sustained   without   leave    to    amend, 

p.  239,  §  1008. 
Setting  aside,  grounds  for,  p.  238,  §  995. 
What  offenses  prosecuted  by,   p.   232,  §  682. 

INDUSTRIAL  ACCIDENT  BOARD.      See  Master  and  Servant. 

INDUSTRIAL  WELFARE  COMMISSION. 

Creation  of,   appointment  and  term  of  office,  p.   1257,  Act  1G08. 
Investigation   of   employment   of  women   and   children,    p.   1267,    .^ct   1603. 
Minimum  wages  for  women,   investigation  of,  p.    1267,   Act  1603. 
Powers  and  duties  of,  p.  1267,  Act  1608. 


2454  INDEX. 

INEBRIATES. 

Arn-st  of,  hearing  nnd  commitment   to  asylum,   p.   481.  S218Se. 
Committed  to  asylum,  parole  and  discharge  of,  p.  4tll,  S  2185c. 

INFANTRY.      See   National    Guard. 

INFANTS.      See   Adoption:    Guardian    and    Ward;    Industrial   Welfare    Commission; 

I'arpiit  and  Child;  Tobacco. 
Abandonment  of.      See  Adoption. 
Adoption.      .See  Adoption. 

Appear  either  by  general  guardian  or  guardian  ad  litem,  p.  15,  {  372. 
AttorneyH*  fees  against   to  be  fixed  by  court,   p.  94,  }  1810b. 
Attorneys'    fees,   contract   fur  by   infant  is   void,   p.   94,  i  1810b. 
Cruelty,   societies   for   prevention   of.      See   Corporations   for    PreTention   of   Cm- 

elty   to    Children    and    Animals. 
Custody  of  infant.      See  Parent  and  Child. 
Death  of   vendor  before   conveyance,   completion  of   aale   by   (uardian   of  minor, 

p.    93,  S  1810a. 
Delinquent   children.      See  Juvenile   Conrt. 
Dependent    children.      See   Juvenile    Court:    State    Board   of   Charities   and    CVr 

rections. 
Deposits   in   banks  by  or  in  name  of,   p.   871,   Act   297,  S  16. 
P>mployment   of  illiterate  minors   prohibited,  p.    1273,   Act    1611. 
Employment  of   minors  under  certain   ages  prohibited,   p.    1273,   Act    1611. 
Feeble  minded   children.      See    Sonoma    Stale   Hom>'. 
Gnardinn    nd    litem,    when   may   be   appointed,    p.    13,  |  372. 
Hours  of  labor  for,  regulation  of,  p.   1273,  Act   161 1. 

Judgment   in   fnvor  of  infant,   payment   of   to   guardian,   p.   94,  |  1810b. 
Juvenile   court.      See  Juvenile  Court, 
liegitimnry.       .See    l.eKitimnry. 

Limit  on  length  of  lease  of  property  of  infant,  p.   149,  |  718. 
Mortgage,   lease  or  sale   of   property     of  infai'.t       See  (iuartlian   and   Ward. 
Orphan   asylums.      See  Orphan   Asylums. 
Orplinns.      See  Orphans. 

Regulation  of  employment  of.  p.    1273,   Act    1611. 
Repeal   of   net   of    1903    relating   to   dependent   and  delinqnent   children,   p.   1360, 

Act   1769:    p.   1381,   Act   1770,  9  32. 
Shares   of   stock   of  infant,   how   represented,   p.    114,  }  313. 
Tobacco,   selling  to.      See  Tobacco. 

Under  eighteen   not  to  work   between  certain  hours  in   night,  p.   1280,   Act   1' 
Under  eighteen,  penalty  for  pennittmK  them  to  work  at  night,  p.  1280,  Act  1' 
Violation   of  law    regulating  employment    of,   punishment  of,   p.    1273,   Act    1'      . 
Wages,    nssignment    of    by,    written    consent    of    parent    or   guardian    necesMtr,\. 

p.  i.ie,  5  o.is. 

INFORMATION. 

Amondniont  cliiirging  olTeuse  not  shown  at  preliminary  esaminatton  not  al- 
lowed, p.  239.  §  1008. 

Amendment   of,   right   of,  p.   239,  $  1008. 

Amendment  to.   time  of.  p.  239,  }  1008. 

Dismis.sHi  as  a  bar,  p.  239,  i  100.><. 

Disini.>isal  to  be  ordered  where  demurrer  sustained  without  leave  to  amerd, 
p.  239,  §  1008. 


INDEX.  2455 

INFORMATION    (Continued). 

Settin-  aside  of,  grounds  for,  p.  238,  §  995. 
What  ofTeiises  prosecuted  by,  p.  232,  §  682. 

INHERITANCES. 

Taxes  on.      See  Taxation. 

INITIATIVE.      See  Referendum. 
In  cities,  p.   1280,   Act   1624. 

In  cities  under  municipal  corporation  bill,  p.  1.520,   Act  2348,  §  11. 
Ordinances,  for,  in  counties,  p.  585,  |  4058. 
Ordinances,   may  be  proposed  by,   p.  585,  §  4058. 

Ordinances,   proposing  by   means   of  initiative,  procedure,   p.   585,  {  4058. 
Provisions  of  law  to  be  liberally   construed,  p.  587,  §  4058. 

INJUNCTION. 

Bonds  for  public  improvements,  sale  of  cannot  be  enjoined,  p.  22,  §  526a. 

Preliminary,   granting   of,   procedure,   p.   22,  §  527. 

Preliminary  notice  of,  p.  22,  §  527. 

Public  utility  commission,   injunction  proceedings  by,  p.   1786,   Act  2886,  §  75. 

Temporary  cause  to  be  set  for  trial  at  earliest  possible  date  and  have  precedence, 

p.   22,  §  527. 
Temporary  restraining  order,  continuance  of  hearing,  p.  22,  §  527. 
Temporary  restraining  order  granted  without    notice,  time    of    return  of,  p.  22, 

§  527. 
Temporary    restraining    order,    hearing    given    precedence    over    other    matters, 

p.  22,   §  527. 
Temporary  restraining  order,  hearing  on,  duty  to  proceed  and  dismissal,  p.  22, 

§  527. 
Temporary  restraining  order,  notice  of,  p.  22,  §  527. 
Temporary   restraining   order,    procedure,    p.    22,  §  527. 
Trademark,   protection  of  by,   p.    514,  §  3199. 

"Waste  of  public  money  or  property  by  officer,  right  to  enjoin,  p.  22,  5  526a. 
Waters,    enjoining    diversion   or    use    of,    refusing    injunction,    on    giving    bond, 

p.  23,  §  530. 
Waters,  injunction  against  diversion  or  use  of,  notice  of  application  for,  p.  23, 

§  530. 

INNAVIGABLE   STREAMS.      See  Waters. 

INSANE  ASYLUM. 

Agnews   State  Hospital,   appropriation  for  cottage  for  female  working  patients, 

p.   1284,   Act   1628a. 
Asexualization   of  inmates  of,  p.   859,   Act  248. 
Cost    of   determining    insanity    and    of    commitment,    action    by    commission    for 

against  estate,  p.  482,  §  2197. 
Cost    of    maintenance    of    patient,    recovery    of    from    county    or    from    estate    of 

patient  or  from  person  liable,  p.  482,  §  2197. 
Directors,  governor  appoints,  p.   291,  §  368. 

Drug  habitues,   arrest  of,  hearing  and  commitment   of  to,   p.  481,  §  2185c. 
Drug  habitue  committed  to,  discharge  of,  p.  481,  §  2185c. 
Drug  habitues,   parole  and  discharge  of,  p.  481,  §  2185c. 
Establishment  of  state  hospital  in  Southern  California,  p.  1285,  Act  1637c. 


2456  INDEX. 

IKSANE   ASYLXTM    (Continupd). 

"Family"   of  officer  inrludes  only  wife  and  minor  rhildren,  p.  477,  5  2154. 
Home    for    feeble-minded,    amounts    dne    state    from    counties    for    conunitinents 

and  method  of  collection,  p.  482,  §  2193. 
Inebriates,  arrest  of,  hearing  and  commitment   to,  p.  481,  §  2185c. 
Inebriates,   parole    and  dischari^e   of.   p.    481,     J  2185c. 

Psychopathic  parole  act,  act  to  be  liberally  construed,  p.  479,  }  2167b,  snbd.   >~ 
Psychopathic   parole   act,   cost   of   support   of   paroled  patients,    p.   479,  i  2167b 

subd.  5. 
Psychopathic  parole  act.  placing  patients  on  parole,  p.  479,  J  2167b.   snhd.  5. 
Psychopathic   parole   act,   to   whom   applies,   p.    478,  5  2167b. 
Psychopathic    probation    officers    and    deputies,    appointment   and    term   of   offic* 

p.   478,  §  2167b,   subds.    1,   3. 
Psychopnthic   probation   officers,   notice   to    where   patient   bronitht   before   court 

p.   478,  }  2167b. 
Psychopathic  probation   officers,   salaries  of  and   expenses,   pp.   47^,   479,  |  2167. 

subds.   3,  4. 
Psychopathic  probation  officers,   to  give  entire  time  to  office,  p.  479,  i  2167b. 
Itooms.  furniture,  provisions,  etc.,  furnished  to  oflleer«  and  their  families,  p.  477. 

:  21.54. 
Suliiries  of  officers  and  employees,   included  in  monthly  estimate*  and  paid  like 

other   expenses,   p.   477,  S  2154. 
Separate    accounts    kept    of    allowances    to    officers    and    their    families,    p.    477, 

§  2154. 
Sonoma   .Stale  Home.      See   .Sonoma   State  Home. 

Voluntary  patients,   charces  for  care  and  keepinc  of.  p.  480,  t  2185b. 
Voluntary   pulirnts   may   be   recoiv.-d   in,   p.   480.  J  2185b. 
Voluntary   patient,    not   to   be   detained   after  written   notice   of   desire   to   leave, 

p.   480,  §  21H.'".h. 
Voluntary    patients,    record    as    to.    forwarding    to    state    commission    in    Innacy, 

p.  480,  §  2185b. 
Voluntary  patients,   rules   and   regulations   governinf,  p.  480,  '  ■V"*' 
Voluntary  patients,   who  are,  p.   480,  }  2185b. 

INSANE   PERSONS. 

Adjudication   of   insanity,   court    to   file   certificate  of  with    clerk,   p.   853,1  1106, 

subd.    <J. 
Allowance  to  sheriff  for  expenses  of  transporting,  p.  816,  t  4290. 
Appear  either  by   guardians  or  guardians   ad   litem,   p.    15,  |  S72. 
Asexualization  of  idiots,  p.   8.19,   Act  248. 
Criminal    action,    e.xteiiding    time    for    judgment    in    where    defendant's    sanity 

questioned,   p.   244,  {  1191. 
Guardians   generally.      See  Ouardian   and   Ward. 
Guardian,    amount   of   notice   of   settlement    of   to   secretary   of   state   commission 

in    lunacy,    p.    9'.\,  §  1774. 
Guardian   ad   litem,   when   may  be   appointed,   p.    13.  S  372. 
(iu:ir(lian,   uppointment  of,  court   to   tile  certificate  of  with  county   clerk,   p.  353, 

§   1  10(5,    subd.    y. 
Guardian,  appraisement  of  estate,  p.  92,  S  1773. 
Guardian   of,    bond,   of,   p.   92,  5  17ri5. 

(Juardinn,  inventory  of  estate,  returning  and  recording,  p.  92.  J  177" 
Guardian,    inventory,    serving    copy    of    upon    secretary    of    slate    conini>.'i.>n    in 

lunacy,  p.  92,  §  177,1. 


INDEX. 


2457 


INSANE   PERSONS    (Continued). 

(huudiuii,  powers  and  duties  of,   p.  91,  §  1764;   p.  92,  §  1765. 

Guardian,  sale  of  property  when  income  insufficient,  notice  of  to  secretary  of 
state   commission   in  lunacy,   p.   93,  §  1777. 

Guardian,  sale  of  property  when  income  insufficient,  right  of,  p.  93,  §  1777. 

Guardian,   when   appointed,    p.    91,  §  1764. 

Insane  asylums.      See  Insane   Asylums. 

Lease   of   property,   power   to   order,   p.    80,  §  1577. 

Lease  of  property,  procedure,  p.  80,  §  1577. 

Limit  on  length  of  lease  of  property  of,  p.   149,  §  718. 

Mortgage  of  property,  power  to  order,  p.  80,  §  1577. 

Mortgage   of  property,   procedure  on,   p.    80,  §  1577. 

Partition  proceedings,  death  of  party,  effect  of  and  proceedings  on,  p.  34, 
S  763. 

Psychopathic  parole  act,  permitting  patients  to  remain  at  home  or  commit- 
ting  to   institution,   p.  479,  §  2167b,   subd.   5. 

Sale  of  mining  property  or  option  on,  power  to  authorize,  p.  80,  §  1577. 

Sale  of  mining  property  or  option  on,  procedure,  p.  80,  §§  1577,  1580. 

Shares  of  stock  of,  how  represented,  p.  114,  §  313. 

INSECTICIDES. 

Regulation    of    manufacture,    sale,    adulteration    and    misbranding    of,    p.    827, 

Act  48. 
Repeal  of  act  to  prevent  fraud  in  sale  of  paris  green,  p.  1651,  Act  2614. 

INSECTS.      See   Insecticides;    State   Horticultural   Commissioner. 

INSOLVENCY.      See  Bankruptcy  and  Insolvency. 

INSPECTOBS. 

Livestock  inspector.      See  Livestock  Inspector. 

INSTRUCTION.     See   Schools. 

INSURANCE. 

Agents.      See  Insurance  Companies. 

Appropriation  to  the  use  of  the  state  compensation  fund,  p.  1295,  Act  1672e. 
Casualty  insurance,  regulation  of,  p.  1415,   Act  2144a. 
Classitieation   and   kinds   of   insurance  business,   p.    306,  §  594. 
''  Commissioner.      See   Insurance   Commissioner. 

County  fire  insurance   companies.      See   County  Fire  InsMranee   Companies. 
Indemnity,   associations  for  exchange  of  contracts  providing  for.     See  Indemnity. 
Investments  must  not  exceed  market  value  of  securities,  p.  119,  §  421,  subd.   6. 
Liability  of  employer  for  injuries  from  negligence,  insurance  against,  p.   1415, 

Act  2144a. 
Life,    provision    for   paid-up    policy    on    default    after   three    payments,    p.    121, 

§  450. 
Life,  provision  for  paid-up  policy  on  default,  effect  of  failure  to  insert,  p.  121, 

§  450. 
Life,  provision  for  paid-up  policy  on   default,  not  waived  by  contract,   p.   121, 

§  450. 
Life,    requirement    of   paid-up   policy    on    default    does    not    apply   to    annuities, 

industrial  policies  or  term   contracts,   p.   121,  §  450. 


2458  INDEX. 

INStlEANCE  rConllnued). 

Life,    surieiidtr  of  policy  for  cash  sum  on  default  after  three  payments,  p.  121, 

§  450. 
Mutual   benefit   associations.      See   Mutual   Benefit    Associations. 
Mutual   fire  insurance  companies.      See  Mutual  Fire  Insurance  Companies. 
Notice   to   of  injury,   accident,   etc.,   provision    in   policy   limiting   time   for   where 

void,   p.   179,  S  2633a. 
Notice  to  of  injury,   accident,  etc.,  when  may  be  given,  p.   179,  {  2633a. 
Particular   kind   of    insurance.      See    particular    title. 
State   compensation   insurance    fund,    p.    14.!9,   Act   2144a,  S  36   et   seq. 
Title.      See   Title    Insurance. 

rNSITRANCE    COMMISSIONEHS.      See    Insurance    Companies;    Insurance    Corpora 

ti.ilis. 

Authority  over  investments  by  insurance  companies.  See  Insurance  Corpora- 
lions. 

Examination  of  companies,  expense  of,  p.   313,  |  597. 

Examination   of   companies   on   petition   of   interested   persons,   p.    313,1597. 

Examination    of   companies   organized   outside   of   state,   p.   313,  $597. 

Examination   of  companies,  power  and  duty  as  to,  p.  313,  \  597. 

Examination  of  companies,  powers  in  making  and  duties  of  compaDiea,  p.  313, 
§  597. 

R.xumination    of   companies,   publication    of    proceedings,    p.    313,  S  597. 

Examination   of   companies,   where  and   how   conducted,   p.   313,  {  597. 

Expenditures,   how   audited   and   paid,   p.   306,  i  591. 

Governor  appoints,   p.  291,  S  368. 

Mortgage  insurance  corporations,  power  and  authority  orer.  See  Mortgag* 
Insurance   Corporations. 

Papers   to   be    filed    with    by    insurance    companies,    p.    317,  i  607. 

Rooms  and  furniture  for,  p.   30(i,  J  591. 

Special   fund   for,    p.   306,  5  591. 

Statements  filed  with  by  companies,  publication  of  synopsis' of,  p.  318,  {  611. 

Statements  filed  with  by  companies,  what  to  show,  p.  31S,  J  fill. 

Statements  to  be  filed  with  by  companies  annually,  p.  318,  {  611. 

Stationery,   fuel,   printing,   and  other  conveniences,  p.  306,  S  591. 

Traveling  and  other  exj)ense8,   p.  306.  {  591. 

Title  insurance  corporations,  pi^wt  r  and  authority  over.  See  Title  Insurance 
Corporations. 

INSURANCE    COMPAKIES.      See     Insurnnn  :     Insurance    Commusiontr ;     hmurstue 

Corporation!!. 
Agent,    one   cannot   act    as   for   company    not    authorised   to   do   business,    p.    310. 

§  596. 
Antl.   rixed  companies,  wh.it  are,   p.  310,  5  596. 

Borrowing  of  money   from   by  officers  prohibited,   p.    1295,    Act    lti72f. 
Capital   stock   required   of,   p.   309,  §  504.   subd.    16. 
Certificate  of  authority,   duration  of,   p.  310.  ;  596. 

Certificate   of  authority,   examination  of  before  issuance  of.   p.  313,  {  597. 
Certificate  of  authority,   must  obtain   from  insurance  commissioner  before  d.'i:  _• 

business,  p.  310,  §  596. 
Certificate    of    authority    not    granted    or    renewed    where    company    in    defsii' 

p.    310,  §  596. 
Certificate   of   authority  not  to  be  issued,  when,  p.  313,  §  597. 


INDEX.  2459 

INSURANCE  COMPANIES    (Continued). 

(kimpliance  with   statute  necessary  before  doing  business,  p.   310,  §  596. 
Corporations.      See  Insurance  Corporations. 

County  fire   insurance  companies.      See   County  Fire   Insurance   Companies. 
Examination  of.      See   Insurance   Commissioner. 

Investment  of  funds  of  in  bonds  of  irrigation  districts,  p.  1344,  Act  1732b. 
Life  insurance.      See  Insurance. 

Liability   insurance   companies.      See   Liability   Insurance   Companies. 
Mutual    workmen's    compensation    insurance    companies,    organization    and    man- 
agement  of,   p.   1296,   Act   1672h. 
Noncompliance   with   statute,   duty   of   attorney   general   on   receiving   notice   of, 

p.   321,  §  635d. 
Noncompliance  with  statute,  state  treasurer  to  notify  attorney  general,  p.  321, 

§  635d. 
Notices    to    be    printed    on    cover    of    policies    relating    to    future    assessments, 

p.   1296,   Act   1672g. 
Policies  issued  without  compliance  with  law  are  Toid,  p.  396,  §  596. 
Procuring  insurance  from   companies  not   authorized   to  do  business,   conditions 

of,   p.   396,  I  596. 
Statement  to  be  filed  with  articles,  what  to  show,  p.  320,  §  635c. 
Surplus  line  broker  defined,  p.   396,  §  596. 
Surplus    line    broker,    license,    renewal    of    after    revocation,    conditions    as    to, 

p.  396,  §  596. 
Surplus  line  broker,  license,  revocation  of,  grounds  for,  p.  396,  §  596. 
Surplus  line  broker,  license,   revocation  of,   what   acts  amount  to,   p.   396,  §  596. 
Surplus  line  broker,   license  to,  conditions  of  issuance,  p.  396,  §  596. 
Surplus    line    broker,    license    to,    insurance    commissioner    may    issue,    p.    396, 

§  596. 
Surplus  line  broker,  rights  and  duties  of,  p.  396,  §  596. 
Ta.\alion  of  for  benefit  of  state,   act  relating  to,   p.   2151,   Act  4065. 
Tax  upon,   retaliatory  provisions,   p.   2153,  Act  4065,  §  3. 
ITnauthorized  companies,  persons  insured  in,  duty  to  produce  policies,   disclose 

premiums,   etc.,  p.   396,  §  596. 
Unauthorized  companies,  power  to  place  insurance  with,  p.  390,  §  596. 
Unauthorized   companies,    what    are,   p.    396,  §  596. 

INSURANCE     CORPORATIONS.      See     Insurance     Commissioner;     Insurance     Com- 
panies. 
Cannot   do   any  kind   of   insurance  unless  authorized  by   charter,   p.   309,  §  594, 

subd.   16. 
Capital    stock,    amount    to    be    paid    up    before    doing    business,    p.    309,  §  594, 

subd.  16. 
Capital  stock  required  to  do  business,  p.  309,  §  594,  subd.  16. 
Capital   stock   to   be    exclusive   of   liabilities   for  losses,    expenses,    etc.,    p.    309, 

§  594,  subd.  16. 
Fire    and    marine    insurance    corporations.      See    Fire    and    Marine    Insurance 

Corporations. 
Investments,    funds,   how  may  be   invested,   p.    118,  §  421. 
Investments,    life    insurance    companies,    loans   upon    its    own    policies,    p.    119. 

§  421,    subd.  7. 
Investments,    life    insurance    company,    policy   loans,    cancellation   of   registration 

of  policy,  p.  119,  §  421,  subd.  7. 


2460  INDEX. 

INSIXBANCE  COEPOEATIONS   (Continued). 

Invt-slnieots,    life    insurance    companies,    policy    loans    not    secnrity    which    m»y 

be   deposited  with   insurance   commissioner,   p.   119,  $421,   subd.   7. 
Investments,   power  oi  insurance  commissioner  over.   p.    119,  {421,   subd.   6. 
Investments,   report  on   stocks  and  bonds,   insurance  commissioner  may  require, 

p.  120,  }  422. 
Inveslireii'ii.  Btocks  and  bonds,   authority  of  insurance  commissioner  in   valuing 

and   finality   of  finding,   p.    120,  S  422. 
Investments,    stork.s    and   bonds,    how   vahiod.   p.    120.  i  422. 

Investments,    to   be   reported  to   insurance  commissioner,   p.    119,  {421,   subd.    6. 
Liability  insurance   companies.      See   Liability   Insurance   Companies. 
Mortgage   insurance   corporations.      See   Mortgage   Insurance   Corpurationa. 
Taxation  of  for  benefit  of  state,  p.  2151,  Act  4065. 
Title   insurance   corporations.      See   Title   Insurance   Corporations. 

INTEREST. 

Iiamnces  in  rnndemna'-ioa  proceedings,  interest  on  where  plaintiff  let  into  pos- 
session, p.  69,  S  1251. 

Demands  agiiiiist   school  districts,  interest  on,  p.  400,  {  1543a. 

Deposits  with   trust  company,   interest   on,   p.   907,   Act  297.  |  95. 

Reelamiitinn    district    asHessmeiils,    interest    on,    p.    525,  J  3466. 

Reuulutiiin  of  rate  of  interest  that  can  be  charged  by  personal  property  brokers, 
p.   1655,  Act  2C37. 

University,   interest   on   diverted   funds   of,   p.   1100,   Act    1276. 

INTERPRETERS.      See   Grand   Jury. 

INTERSTATE   COMMERCE. 

Till, lie   utility    ,,.  I    does   not   aflTect,   p.    1790.    Act  2888.(85. 

INTERURBAN  RAILROADS. 

K.k'iiliiti'>ii    "f   iiinKr   i.\iMic   utility   act.      See   Public   Dtilitieg.   TI. 

INTERVENTION. 

Troii  ciliiiKs    before    roilroad    commission,    intenrention    in,    p.    1777,    Act    2?^6, 

§  Ola.  • 

INTOXICATING  LIQUOR. 

.\(hillernti<>n  of.      See  Adulteration. 

Bringing  into  jail,  state  prison  or  reformatory  •  felony,  p.   193,  |  171a. 

Driving    nutonmbile    or    motorcycle    while    intoxicated,    punishAent    of,    p.    203, 

§  3fi7d.  ' 

Ineliriiites,  arrest  of,  hearing  and  commitment  to  asylum,  p.  481,  |  218Sc. 
Inebriates   committed   to   Hsylum.    p.trole   and   discharge   of.    p.  481,  {  2185c. 
Ijocal  option,  elections  upon  question  of,   p.    1301.   Act    1696. 

Local  option,  regulation  of  traflic   in   li(|unrs  by  establifihing.   p.   1301.   Act    1 '   ">. 
No    license    territory,    duty    to    declare    territory    to    be    unless    majority    f.'i\'>r 

license,   p.   1301,  Act   1696. 
No    license    territory,    licenses    or    permits    to    sell    in    declared    voiii 

Act   1696. 
No   license   territory,   permits   or  licenses   to   sell   not   to   be  franted   in,   p.    '. 

Act  1696. 
No  license  territory,  sale  or  gift  of  liquors  in,  punishmeut  of,  p.  1301,  Act  ! 


j  INDEX.  2461 

INTOXICATING  LIQUOR    (Continued). 

Sale  of  between  2  and  6  o'clock  A.  M.,  a  misdemeanor,  p.  205,  §  397c. 

Sale  of   between  2   and  6  o'clock   A.   M.   prohibited,   p.   205,  §  397c. 

Selling  or  giving  in  or  near  certain  state  institutions,  punishment,  p.  193,  §  172. 

Viticulture,   experimental  and  research   work  in.      See  Viticulture. 

INVENTORY.      See  Guardian  and  Ward. 

INVESTMENT  COMPANIES. 

Articles    of    incorporation,    fees    to    be    paid    on    filing   with    secretary    of    state, 

p.   320,  §  635c. 
Articles  of  incorporation  to  be  filed  with  secretary  of  state,  p.   320,  S  635c. 
Attorney  general,  duty  of  to  examine,  p.  323,  §  635i. 
Attorney  general,  duty  of  where  deficiency  of  assets,  p.   321,  §  635e. 
Blue  sky  law  regulating,  supervising  and  licensing,  p.   1308,  Act  1699. 
Defined,  p.  319,  §  635a. 
Deposit,    action    for   withdrawal   on    ceasing   to   do   business   and   defense   of   by 

attorney  general,  p.   320,  §  635e. 
Deposit  by,  action  to  withdraw,  company  to  pay  expenses  of,  p.  321,  §  635e. 
Deposit,   company  may  use  dividends,   profits  or  interest  of,  p.   322,  §  635f. 
Deposit,   not  to  do  business  until  made,  p.  324,  §  635k. 
Deposit  of  securities  and  cash  with   state   treasurer  by   companies  not  licensed 

by  bank   commissioners,  p.   319,  §  635b. 
Deposit,    right    to    substitute    securities    for    cash    or    other    securities,    p.    322, 

§  635f. 
Deposit   with    state   treasurer,    collateral    to    secure   loans   may   be    deposited   as 

part  of,  p.   322,  §  635g. 
Loans,    collateral  to   secure  may  be   deposited  with  treasurer  of  state,   p.   322, 

§  635g. 
Loans,  note  and  collateral  to  be  given  to  secure,  p.   322,  §  635g. 
Loans   out  of  reserve  fund,   limitations  upon,  p.   322,  §  635g. 
Noncompliance  with  statute  by,  punishment  of,  p.  323,  §  635]. 
'.Provisions   of  statute,   to  whom   applies,  p.   323.  §6351. 
Regulation,  supervision  and  licensinjj  of   (blue  sky  law),  p.  1308,  Act  1699, 
Reserve   fund,    investment  of,   p.   323,  §  635h. 
Reserve  fund,   what  to  be  apportioned  to,  p.  323,  §  635h. 
What  companies  are,  p.  319,  §  635a. 

DIVESTMENTS.      See  Title  Insurance  Corporations. 

Banks,  investments  by,  how  affected  by  bank  act,  p.  929,  Act  297,  §  145. 

Insurance  companies,  by.      See  Insurance. 

Irrigation   bonds,   investment   of   corporate,    trust   or   public   funds   in,   p.    1344, 

Act  1732b. 
Savings  banks  may  invest  in  what  property,  p.  898,  Act  297,  §  67. 
Savings  banks  may  make  what,   p.   889,    Act  297,  §  61. 
Surplus  state  funds  may  be  invested  in  what  bonds,  p.  1182,  Act  1284c. 
Trust   companies,   how   to   invest   capital,   surplus   and  trust  funds,  p.   912,   Act 

297,  §  105. 
Trust   company,    liability  for,  p.   907,   Act   ?97,  §  94. 
Trust  funds.      See  Mortgage  Insurance  Corporations. 

[NYO  COUNTY. 

Assessor,   salary  of,  p.  798,  §  4276,   subd.  7. 


2462  INDEX. 

INYO  COUNTY  (Continued). 

Auditor,   salary  ol,  p.  798.  i  4276,  subd.  4. 

ClasKification  of,   p.   569.  $  4006. 

Constablps,   fees  of,  p.   798,  {  4276,   Bubd.   14. 

Copyists,   appointment,   number  and  compensation  of,  p.  798,  S  4276.   lubd.  3. 

Coroner,  fees  of,   p.   798,  i  4276,   subd.  9. 

County   clerk,   salary  of,   p.    798,  {  4276,    subd.    1. 

District   attorney,   salary  of,   p.   798,  i  4276,   subd.    8. 

Fish   and   game   warden,   salary   and   expenses   and   how   paid,   p.   594.  |  4149d. 

Jurors,  grand,  fees  and  mileage,  p.  800,  i  4277,   subd.   18. 

Jurors,    trial,   fees   and   mileage,   p.  800.- {  4277,   subd.    18. 

Justices,   salaries   and   fees  of,   p.   798,  }  4276,   sabd.    13. 

Juslii-cK,   supervisors    determine    population   of   townshipa   for  purpose   of   fixing 

salaries,   p.   799,  }  4276.   subd.    16. 
Oflfirial    reporter,    compensation,    allowance!    and    expenses    of,    p.    799,  |  4276, 

subd.    16. 
Population   of,  p.  566,  5  4005e. 
Population   of   townships,    supervisors   determine   for  purpoae   of   flzin^   aalaries, 

p.  800,  S  4276,  subd.   16. 
Public  administrator,  fees  of,  p.  798,  (  42T6,  anbd.   10. 

Recorder,    copyists,    appointment    and   compensation    of,   p.    798,  |  4276,    tnbd.   3. 
Recorder,    fees   to   be  paid   into   county   treasury,   p.   798,  |  4276,   subd.   3. 
Recorder,    salary  of,   p.   798,  J  4276,   snbd.   8. 
Registrar  of   voters,   salary,   fees,   allowaneea,   depntiei  and   •aaiatanla,   pp.    000, 

(iOI,  §  4  14 9c. 
Sheriff,    salary  and  mileage,  p.  798,  {  4276,  aubd,  2. 
Sheriff,    to  pay  salaries  <if  deputies,   p.   798,  }  4276,  snbd.  2. 
Superintendent  of  schools,  salary  of,  p.  798.  |  4376,  «ubd.    11. 
Supervisors,  salary  and  mileage  of.  p.  799.  }  4276,  subd.   lo. 
Surveyor,   fees  of,   p.   798,  }  4276.   subd.    12. 
Tax   collector,   salary  of,   p.   708.  {  427rt.   sabd.   6. 
Treasurer,   salary  of,  p.   79H.  §  427«.  sulid    .">. 

Witnesses,   demanding  fees  and  mileage  in   advance,  p.  800,  |  4277,   snbd.    19. 
Witnesses,   fees  and  mileage,   p.   800,  S  4277,   aubd.   19. 

IRRIGATION.      See  Irrigation  Districts. 

('<iiisi'ivntion  commission  to  investigate,  p.   1044.  Act  689. 

Declared  to  be  a   public  use,   p.    1347,   Act    1732c. 

Duty   of   company   condemning  waters   to   supply   water   (or   irrigation,   p.    1341 

Act  1732c. 
Eminent  domain,  right  of  may  be  exercised   in  behalf  of,  p.   1347,  Act   1733c. 

IRRIGATION    DISTRICTS. 

iioiul.s,    fundi)    of    liaiiks,    insurance    companies,    trust    companies,    etc..    na^ 

invested   in.   p.   .'jIU,  5  3480 ;   p.    1344.    Act   1732b. 
Bonds,    repeal    of    acts   of    1911,    authorizing   investment   of   funds    in,   p.    1S4| 

Act    1732c;   p.    1348.   Act    1732d. 
Bonds,   when   may   be   taken  as   security   fur   performance   of  acta,   p.    1344, 

1732b. 
County   irrigation  districts,   formation,   management  and  dissolution  of,  p     ' 

Act    1732f. 
Dissolution    of,    amendments    of    act    of    February,    1903,    relating    to.    p. 

Act    1731. 


INDEX.  2463 

IRRIGATION  DISTRICTS    (Confinued). 

Eminent  dmnain,  exorcise  of  right  of  by,  p.   1343,  Act  1732a. 
Kmployment  of  expert  in  agriculture  by,  authoriied,  p.  845,  Act  78b. 
Exempt   from   provisions   of   act   relating   to   waters,   p.   2266,   Act   4340. 
Imperial   irrigation   district,   boundaries  of,  p.   1319,   Act   1725b. 
Imperial    irrigation   district,   organization   of   validated,  p.   1319,   Act   1725b. 
Modesto   irrigation   district,   orgaiiiz-ution   of   validated,    p.    1318,   Act    1714. 
Oakdnle   irrigation   district,   organization   of   validated,   p.    1317,   Act    1712. 
Provisions   amending    law   of   1897    providing   for   organization    and   government, 

p.   1321,    Act   1726. 
Release  of  claims  and  liens  arising  from   irrigation  district  bonds   and  coupons, 

p.   1348,  Act  1732b. 
South    San  Joaquin   irrigation   district,   organization   of  validated,   p.    1318,   Act 

1715. 
South   Y.'iidro   irrigation   district,   organization  of  validated,   p.    1318,   Act   1725a. 
Turlock   irrigation   district,  organization   of   validated,   p.   1317,  Act  1713. 

ITALIAN   INTERNATIONAL   EXPOSITION. 

Provision  for  exhibit  at,   p.   1060,  Act   1093c. 


J 

JACKS. 

Regulation  of  public  service  of,  p.  1956,  Act  3750. 

JAILS. 

Bringing  drugs,  liquors,  weapons  or  explosives  into,   a  felony,  p.  103,  §  171a. 
Female  prisoners  in,   appointment  of  woman   to  have  care  of,  p.  257.  §  1616. 
Female  prisoners,  male  officer  not  to  enter  room  or  cell  of,  p.  257,  §  1616. 
Female  prisoners,  male  officer  not  to  search,  p.  257,  §  1616. 
Female  prisoners,  to  be  kept  separate  from  male  prisoners,  p.  257,  §  1616. 

JOINDER  OF  ACTIONS. 

Actions   to    foreclose   mechanics'    liens,   p.    56,  §  1195. 
What   causes   of  action  may  be  joined,   p.   19,  §  427. 

JOINT  DEPOSITS. 

Tn  banks,  p.   861,  Act  297,  §  16. 

JOINT   TENANTS. 

Partition.      See  Partition. 

JUDGES.      See  Superior  Judges. 

Substituted  judge  in  criminal  action,  powers  of,  p.  240,  §  1053. 
Substitution  of  in  criminal  action  on  death,  illness  or  inability  of  judge,  p.  240 
I  1053. 

JUDGMENTS. 

Criminal   action,   in.      See  Criminal   Practice. 

Criminal  cases,  probation.      See  Probation. 

Justice's  court,  in;      See  Justices'  Courts. 

Power  of  judge  to  stay  execution  of,  p.  92,  §  681a. 

Referee's  report  in  partition,  judgment  in.      See  Partition, 


2464  INDEX. 

JUDICTAX  NOTICE. 

Acts  of  water  commigsion,  p.  2266,  Act  4340. 

JXmOES.      See  Grand  Jury. 

Challenge  of  juror  for  cause,   ^oands  of,   p.   27,  J  602. 
Particular  counties,  of.     See  particular  county. 

JUSTICE'S  CLERK.      See  Justices"   Courts. 

JUSTICES'  COURTS. 

Appeal,   attachment  when  only  continued  in  force  by,  p.  42,  S  946. 

Appeal,   bond,  dispensing  with  on  appeal  liy  executor,  trustee,  etc.,  p.  42,  }  946. 

Appeal,   power  of  lower  court  to  proceed  after,  p.  42,  J  946. 

Appeal,   property  levied  on,  release  of,   where  sureties  excepted  to,  p.  42,  i  946. 

Appeal,   property   released  from  execution,  p.  42,  |  946. 

Appeal,    stays  all  proceedings  upon  judgnient  or  order,  p.  42,  I  946. 

Appearance  at  trial,  parties  entitled  to  one  hour,  p.   3S,  {  850. 

Atturhment,   affidavit   to   state   what    facts,    p.    39,  {  666. 

Attachment    in,   issuance  of,   p.   39,  {  86G. 

Attarliment   in,    time    of    issuance,    p.    39,  {  866. 

Attachnient,   in  what  cases   issued,   p.  39,  t  866. 

Cities,   jurisdiction  of,  p.  6,  8  lu3. 

Cities,    officers  to  he  provided  for,  p.  6,  |  103. 

Cities   of   first  class,    fees,   report  of  and  payment   into  treasury,  p.   6,  J  103. 

Cities   of   first   class,   justices    must    have    been    admitted    to    practice    law,    p.    '>. 
§  103. 

Cities  of  first  class,  justices  not  to  practice  before  aaother  Justice  or  hjire  law 
partner,    p.   6,  $  103. 

Cities  of  first  class,  justices,  salaries  are  sole  eompeniation,  p.  6,  |  103. 

Cities  of  first  class,  salaries,  how  paid.  p.  6,  i  108. 

Cities  of  first  and  one-half  class,  fees,  report  of  and  payment  into  treasury,  p.  6, 
§  103. 

Cities  of   first   and   one  hnlf   class,   justices   in,   number  of,   p.   6,  {  103. 

Cities   of   first   and   one-half   class,   justices,  jurisdiction  and  powers,  p.  6,  {  lOt. 

Cities  of  first   and   one-half   class,    justices,    mutt   hare    been    admitted    to    prac- 
tice, p.  6,  S  103. 

Cities  of  first  and  one-half  class,  justices  not   to  practice  before  another  Jaatitij 
or  have  liiw  partner,  p.  6,  $  103. 

Cities   of   first   and   one-half  class,   salaries    are    sole    compensation,    p.    6,  |  1'^-'* 

Cities   of    first    and   one-half   class,   justices,   salaries  of,   p.   6,  {  103. 

Cities  of   second   class,   clerks,   appointment,    term    of    office,    bond    and    po«('I^ 
p.   4,  §  101. 

Cities  of   second   class,   clerks,  dutiea  of,  pp.  4,  5,  (f  101,  102. 

Cities   of   second   class,   clerk,   fees,   fines  and  penalties,  p.  5,  {  102a. 

Cities   of   second   class,   clerk,    office   hours,   \>.   4.  §  99. 

Cities   of   second   duss,    clerk,    offices  and  rooms   for,  p.  4,  {  99. 

Cities   of   second    class,   clerks,    salaries  of,  p.  5,  §  lO'Jb. 

Cities   of   second   class,   clerks,   salaries  to  be  in  lieu  of  feea,  p.  5,  (  102b. 

Cities   of  second   class,   fees,'  report  of  and  paynuut  into  treaaury,  p.  6,  |  103. 

Cities  of  second   class,  justices,  jurisdiction   and  powers,  p.  6,  {  103. 


INDEX.  2465 

JUSTICES'  COURTS    (Continued). 

Cities  of   second   class,  justices  not   to   practice  before   another  justice   or  have 

law  partner,  p.  6,  §  103. 
Cities    of    second    class,    justices    must    have    been    admitted    to    practice,    p.    6, 

§  103. 
Cities  of   second  class,  justices,   number    of,    p.    4,  §99;    p.    6,  §  103;    p.    571, 

§  4014. 
Cities  of  seeond  class,  justices,   office  hours,  p.  4,  §  99. 

Cities  of  second  class,   justices,   powers,  jurisdiction  and  authority,  p.  4,  §  100. 
Cities  of  second  class,  justices,   salaries  of,  p.   6,  §  103. 

Cities   of   second   dnss,   justices,    salaries   are   sole   compensation,   p.   6,  §  103. 
Cities   of   second   clas.s,   justices,   salaries   to   be  in   lieu  of   fees,   p.   5,  §  102b. 
Cities   of   second   class,   offices  and   rooms   for,   p.   4,  §  99. 
Cities   of   second   class,    powers  and  jurisdiction,  p.   4,  §  99. 
Cities  of  second  class,   presiding  justice,  p.  4,  §  99. 
Cities  of   second   class,    process,  return   of,   p.   4,  §  100. 
Cities  of  second   class,   sessions  of,  p.  4,  §  99. 
Cities  of  second   and   one-half   class,   clerk,    appointment,    confirmation,    term   of 

office  and  bond,  p.  7,  §  103V2. 
Cities  of  second  and   one-half  class,   clerk,  powers  and  duties  of,  p.  7,  §  103%. 
Cities  of  second   and  one-half  class,   clerk,   salary  of,  p.   7,  §  103  Vi. 
Cities  of  second  and  one-half   class,  fees,  report  of  and  payment  into  treasury, 

p.   6,  §  103. 
Cities  of  second  and  one-half  class,  justices  not  to  practice  before  another  jus- 

.tice  or  have  law  partner,  p.  6,  §  103. 
Cities  of  second  and  one-half  class,   justices  must  have  been  admitted  to  prac- 
tice, p.  6,  §  103. 
Cities  of  second  and  one-half  class,   justices,   number  of,  p.  6,  §  103. 
Cities  of  second  and  one  half  class,  justices,  salaries  of,  p.  6,  §  103. 
Cities    of    second    and    one  half    class,    justices,    salaries    are    sole    compensation, 

p.  6,  §  103;   p.  7,  §  103  i/i. 
Cities  of  third  class,  clerk,  appointment,  confirmation,  term  of  office  and  bond, 

p.  7,  §  103%. 
Cities  of  third  class,   clerk,  powers  and  duties  of,  p.   7,  §  103%. 
Cities   of   third   class,    clerk,    salary  of,   p.   7,  §  103%. 

Cities  of   third   class,   fees,  report  of  and  payment  into  treasury,  p.  6,  §  103. 
Cities   of   third   class,   justices,   jurisdiction   and   powers,   p.    6,  §  103. 
Cities  of  third  class,   justices   not    to    practice    before    another    or   to    have    law 

partner,  p.  6,  §  103. 
Cities  of  third  class,  justices  must  have  been  admitted  to  practice,  p.  6,  §  103. 
Cities   of   third   class,   justices,    number   and   election   of,   p.   6,  §  103. 
Cities   of   third   class,   justices,    sal.Tries  of,  p.   6,  §  103. 
Cities  of  third  class,  justices,   salaries  are  sole  compensation,  p.  6,  §  103;  p.  7, 

§  103%. 
Cities  of  fourth   class,   fees,   report   of   and  payment   into   treasury,   p.   6,  §  103. 
Cities   of   fourth   class,   jurisdiction  and  powers,  p.  6,  §  103. 
Cities   of  fourth   class,   justices,   number   and   election   of,   p.    6,  §  103. 
Cities   of   fourth   class,   justices,   salaries  of,   p.   6,  §  103. 
Cities   of   fourth   class,    salaries   ai^e   sole   compensation,   p.   6,  §  103. 
Judgment  a  lien  on  land  from  time  of  filing  abstract,  p.  40,  §  900. 

155 


2466  INDEX. 

JUSTICES'  COURTS    (Continned). 

Judement,    lien   of,   duration   of,  p.  40,  {  900. 

JudKmeiit,   lien   of,   filing  successiTe  abstracts  and  continuing  lien,  p.  40.  S  900. 

Judgment  not  lien  on  land  unless  abstract  filed  in  county,  p.  40,  J  900. 

Judgment  to  be  entered  within   thirty  days  of   submission,   p.   40,  {  892. 

Justices,    election    of,   p.    6,  {  103. 

Justices   in  certain  cities  not  eligible  unless  admitted  to  practice  law,  p.  6,  i  103. 

Justices   not   to   have  law  partner,  p.  6,  S  103.  , 

Justices  not   to   practice  before  another  justice,  p.  6,  §  103. 

Justices,   salaries,   how   paid,  p.   6,  S  103. 

Justices  to  be  provided  with  suitable  offices,  p.  6,  {  103. 

Justices.      .See  Justices  of  the    Peace. 

Offenses  need  not  be  prosecuted  by  indictment  or  information,  p.   232,  {  682. 

One  justicp's  court  at  least  in  each   township,   p.  6,  {  103. 

Salary,   oath    that   no   cases   undecided   over   thirty   days   before   drawing,   p.   40, 

5  8<I2. 
Townships    containing    cities    or   parts    of    citiei    of    certain    classes,    number    of 

jiiKtices  in,  p.   .571,  S  4014. 
Townships,    number  of  justices    in,   p.   6,  8  103;   p.   .'j71,  S  4014. 
Townships,   justices  in,  election  of,  p.  6.  i  103. 

Townships   of   two   hundred   and    fifty   thousand,   appearance  in,   p.   4,  {  100. 
Townships  of  two  hundred  and  fifty  thousand,  clerk  and  deputies,   appointment 

and  terra   of  office,   p.   4,  8  101. 
Townships  of   two   hundred  and   fifty   thousand,   clerk   and  deputiea.   salaries  of, 

p.   .^,  §  102b. 
Townships  of  two  hundred   and   fifty   thousand,   composed  of   four  justices,  p.  4, 

8  99. 
Townships  of  two  hundred  and  fifty  thousand,  fees,  accounting  for  and  payment 

into  treasury,  p.  .">.  {  102a. 
Townships  of  two  hundred   and  fifty  thousand,  fees,   flnet  and   penalties  become 

property  of  county,   p.   ."i,  8  102a. 
Townships  of  two  hundred  and  fifty  thousand,  feet  to  be  paid  in  advance,  p.  5, 

8  1028. 
Townships  of  two  hundred  and  fifty  thousand,  office  hours,   p.  4,  8  99- 
Townships  of  two  hundred  and  fifty  thousand,  papers,  transcripts  or  records  in. 

issuing,   signing  and   certifying,   p.   S,  8  102. 
Townships  of  two  hundred   and  fifty  thousand,  pleadings  and  papers  filing  atul 

record   of,   p.   5,  8  102. 
Townships  of  two  hundred  and  fifty   thousand,   powers  and  duties  of,   pp.   4,    .'. 

88  100.    101,    102. 
Townships   of   two   hundred   and   fifty   thousand,   powers   and  jurisdiction   of  jus 

tices.   p.   4,  8  S'9. 
Townships  of  two  hundred  and  fifty  thousand,  presiding  justice  of.  p.  4.  8  ^^■ 
Townships  of  two  hundred   and   fifty  thousand,   process,   issuance  and   return   of. 

pp.  4,   5.  88  100,   101,   10_*. 
Townships  of  two   hundred  and   fifty    thousand,    rooms   for,   duty   of  supervis'>r^ 

p.  4.  §  99. 
Townships   of   two   hundred  and  fifty   thousand,   salary  is   in   lien   of   fees,   p. 

8  102b. 
Townships  of  two  hundred  and  fifty  thousand,  salary  of  justices,  p.  5,  f  102b. 
Townships  of  two  hundred   and   fifty   thousand,    sessions  of   court,   p.   4,  J  99. 
Trial,   date  of,   to  be  entered   in  docket,  p.   3S,  §  ?50. 


INDEX.  24G7 

JUSTICES'  COURTS   (Continued). 

'I'rial,    notice   of,    entry  of  service  in  docket,  p.  38,  S  850. 

Trial,    notice   of,   evidence  of  service,  p.  38,  §  850. 

Trial,   notice  of,   form  of,  p.  38,  §  850.  i 

Trial,   notice  of,   how  served,  p.  38,  §  8.')0. 

Trial,   notice  of,   how    served   where    party    has    appeared    by    attorney,    p.    38, 

§  850. 
Trial,   notice   of,   time  of  service  of,  p.   38,  §  850. 
Trial,   notice  of  to  be  given,  p.  38,  §  850. 
Trial,   notice  of,   to  whom  given,  p.  38,  §  850. 
Trial,  notice  of,   return  and  filing  of,  p.  38,  §  850. 
Trial,   notice  of,   when  may  be  served  by  mail,  p.   38,  §  850. 
Trial,    notice   of,   who  may  serve,   p.   38,  §  850. 

Trial,  parties  entitled  to  one  hour  in  which  to  appear,  p.  38,  §  850. 
Two  may  be  established  in  townships  by  supervisors  when,  p.   6,  §  103. 
Writs,    notices   or    process    to    be    served   by    constables    of    townships,    p.    603/ 

§  4189. 

JUSTICES  OF  THE  PEACE.      See  Justices'  Courts. 
.Vcknowledgnirnt,   may   take,  p.   155,  §  1181. 

Codes,   stationery,   blanks  and  forms  furnished  to,  p.  807,  §  4281,   subd.   13. 
Fees  of,  p.  819,  §  4300e. 

Number  of  in  townships,  p.  571,  §  4014.      See  Justices'  Courts. 
Particular  counties,  of.      See  particular  title. 
Township,   additional,   petition   required   before   appointment   of   by   supervisors, 

p.  571,  §  4014. 
Township  officers,   are,  p.   571,  §  4014. 

JUSTIFICATION. 

By  surety  companies,  p.  46,  §  1057a. 

JUTE.      See  State  Prisons. 

JUVENILE  COURT. 

Child  may  be  determined  to  be  abandoned  by,  p.   109,  §  224. 

Delinquent  children,  who  are,  p.  1360,   Act   1770,  §  1. 

Dependent  and  delinquent  children,  care,  custody  and  maintenance  of,  p.  1360, 
Act  1770. 

Dependent  and  delinquent  children,  commitment  and  release  of,  manner  of, 
p.  1360,  Act  1770. 

Dependent  and  delinquent  children,  commitment  to  and  release  from  institu- 
tions, p.   1360,  Act  1770. 

Dependent  and  delinquent  children,  detention  homes  for,  p.  1360,  Act  1770. 

Dependent  and  delinquent  children,  punishment  of  persons  responsible  for  de- 
pendency or  delinquency,   p.   1360,   Act   1770. 

Dependent  children,  who  are,  p.  1360,  Act  1770,  §  1. 

Jurisdiction  of  superior  court  over  offenses,  p.  1360,  Act  1770. 

Juvenile  court  law  of  1909  as  amended,  p.  1360,  Act  1770. 

Misdemeanors  need  not'  be  prosecuted  by  indictment  or  information,  p.  232, 
§  682. 

Probationary  treatment  of  juvenile  offenders,  p.  1360,  Act   1770. 

Probation   committee,  establishment  of,  p.  1360,   Act  1770. 

Probation   officers,   salaries  of  in  various  counties,  p.   1360,  Act  1770. 


2468  INDEX. 

JUVENILE  COtJET    (Continued). 
Proredure  in,  p.   1360,  §  1770. 

Repeal  of  juvenile  court,  act  of  1903,  p.  1360,  Act   1769. 
Whittier  State  School.      See  Whittier  State  School. 

K 

KERN    COUNTY. 

AHKf'sBor,     dpputifs    and    asitislants,    appointment,     number    and    compenaation. 

p.    671,  5  4240.    subd.    7. 
Assessor,    fees  and  cnmraissions  to  be  paid  into  treasury,  p.  671,  i  4240.  subd.  7. 
AsbesRor.   receives  no  compensation  for  making  ont  military-roll,  p.  671,  }  4240 

Ruhd.   7. 
AhRessor,   salary  of.   p.  671.  S  4240.   subd.  7. 

Auditor,   di'puty,   appointment   and  salary  of,   p.   670,  8  4240,   subd.   4. 
Auditor,    galary   of.   p.   670.  }  4240.   subd.   4. 
Clnssifioalion  of.   p.   567.  5  4<;06. 
ConRtables,    population    of    townshipn,    how    ascertained    for    purpoars    of    fixing 

Ralnries.   p.   674.  §4240.   subd.    14. 
Constables,   salaries  and  expenses,   p.   674,  J  4240.   subd.   14. 

Coroner  and  public  administrator,  powers  and  duties,  p.  672,  t  4240.  subd.  0. 
Coroner  and  public  ndministrator.  salary  and  expenses,  p.  672,  ^  4240,  subd.  f> 
('oroner,  deputy,  appointment,  powers,  duties  and  compensation,  p.   672.  I  4'Jli' 

subd.   9. 
Coroner,  fees  and  commissions  to  be  paid  into  treasury,  p.  672,  |  4240,  subd    '.• 
County     clerk,     deputies,     numlier,     appointment     and     salaries,    p.     669,  }  4- 1" 

subd.   1. 
County   clerk,   salary   and  allowances,   p.   669,  {  4240,   subd.    1. 
District    attorney,    deputy    and    stenographer,    appoiatment.    terms    of    ofHce    and 

salaries,  p.  672,  {  4240,  subd.   8. 
District  attorney,   salary   of.   p.   672.  i  4240,   aubd.  8. 
Game  warden,   salary   and  expcnKts  nf,   p.   S9i.  |  4149d. 
•Turors,    prnnd,   fees   of,   p.   674.  }  4240,    subd.    14. 
.lurofR,    trial,    fees   of.    p.    674.  {  4240.    subd.    14. 
Justice.s,    population    of   townshijis,    how    ascertained    for    purpose    of    fixing    sal 

aries.    p.   674,  5  4240,    subd.    14. 
.Tuslires.    snlnries  and   fees.   p.   674.  S  4240.   subd.    14. 
Population    of,    p.    505.  8  4005c. 
Recorder,    deputies,   assistants,    number,    appointment    th.I    rninppr.mii.ni     n     t'T" 

8  4240,   subd.  3. 
Recorder,    expenses  of.  p.  670,  8  4240.   subd.   3. 
Recorder,    salary,    p.    670,  8  4240,    aubd.   3. 
Ref;istrnr  of  voters,    salary,    fees,   allowances,   deputies   and   ataistanis,   pp.    5<.m 

601.  §  4140e. 
Salaries  of  superior  judges  of.  p.   1382,   Act   1794. 
Salaries,    provisions    increasing    do    not    apply    to    incumbents,    p.    674.  8  4241"' 

subd.    It. 
SherifT,    ili'puties.    number,    appointment    and    duties,    p.    669.  8  4240.    subd.    2. 
Sheriff,    sal.iry,    fees   and   mileage,   p.   669.  §  4240,    subd.   2. 

Superintendent   of   schools,    deputies   and    salaries    of,    p.    672.8  4240.    sabd.    11. 
Superintrndeiit    of  schools,   salary   and   expenses,   p.   672.  §  4240,   subd.   11. 
Superior  judges,  increase  of  in.  p.   1382.  .\ct   1790a. 


INDEX.  24C9 

K£RN  COtTNTT  (Continued). 

Siip.rvisors,    salary   and   mileage,   p.   673,  §  4240,   subd.    13. 

Survc.vcir,   sulury   and   expenses,    p.    673,  §  4240,    subd.    12. 

Tax   and   license   collertnr,    deputies   and   clerks,    number,   appointment    and    rom- 

pensation,  p.  671,  §  4240,   subd.   6. 
Tax   and    license   collector,     fees    and    cummissions    to    be    paid     into     treasury, 

p.   071,  §  4240,   subd.  6. 
Tax  and  license  collector,   salary  of,  p.   671,  §  4240,   subd.   6. 
Treasurer,   deputy,   appointment   and   salary   of,   p.   67U,  §  4240,   subd.   5. 
Treasurer,   fees  and  commission  to  be  paid  into  county  treasury,  p.  671,  §  4240, 

subd.   5. 
Treasurer,   salary   of,   p.   670,  §  4240,   subd.   5. 

KINGS  COUNTY. 

Assessor,    commissions  to  be  paid  into  county  treasury,   p.   7.58,  §  4261,  subd.   7. 
Assessor,   deputies    and    copyist,    appointment     and     salaries,    p.     738,  §  4261, 

subd.   7. 
Auditor,  deputy,  salary  of,  p.   758,  §  4261,   subd.  4. 
Assessor,   salary  of,  p.  7.58,  §  4261,  subd.  7. 
Auditor,  salary  of,  p.  758,  §  4261,  subd.  4. 
Classification  of,   p.   568,  §  4006. 

Constables,   salaries   and   fees  of,   p.   759,  §  4261,   subd.    14. 
Coroner,  fees  of,  p.  758,  §  4261,  subd.  9. 

County   clerk,   deputy,   appointment   and   salary   of,   p.   758,  §  4261.   subd.   1. 
County  clerk,   salary  of,  p.   758,  §  4261,   subd.   1. 
District    attorney,   salary  of,   p.   758,  §  4261,   subd.   8. 

Fish  and  game  warden,   salary  and  expenses  of,   and  how  paid,  p.   594,  §  4149d. 
Jurors,   grand,  fees  and  mileage,  p.  759,  §  4261,  subd.  15. 
Jurors,   trial,  fees  and  mileage,  p.  759,  §  4261,  subd.  15. 
Justices,  salaries  and  fees  of,  p.  759,  §  4261,  subd.  14. 
Population    of,   p.    566,  §  4005c. 

Public  administrator,  fees  of,  p.  758,  §  4261,  subd.  10. 
Recorder,    copyist,    appointment    and   salary,   p.   757,  §  4261,    subd.    3. 
Recorder,   salary  of,   p.   757,  §  4261,   subd.   3. 
Registrar  of  voters,   salary,   fees,   allowances,   deputies  and  assistants,   pp.   598, 

601,  §  4149e. 
Sheriff,   bailiff,   salary  of,  p.   757,  §  4261,  subd.   2. 
Sheriff,  jailer,   salary  of,   p.   757,  §  4261,   subd.   2. 
Sheriff,    salary   of,   p.    757,  §  4261,   subd.    2. 

Superintendent  of  schools,   salary  of,  p.   759,  §  4261,   subd.  11. 
Supervisors,   salaries   of,   p.   759,  §  4261,   subd.    13. 
Surveyor,  fees  of,  p.  759,  §  4261,   subd.   12. 
Tax   collector,    deputy,    salary    of,   p.    758,  §  4261,    subd.    6. 
Tax  collector,   salary  of,  p.   758,  §  4261,  subd.   6. 
Treasurer,    salary   of,   p.    758,  §  4261,    subd.    5. 

KNIGHTS  LANDING  DRAINAGE   DISTRICT. 

Act  relating  to,  p.  1062,  Act  977. 


2470  INDEX. 

L 

LABELS. 

Guaranty  as  •  defense  in  prosecution  for  mislabeling  goods,  p.  824,  Act  29; 
p.   831,   Act  48,  §  9. 

Insecticides  or  fungicides,  misbranding  of,  prevention  of,   p.   827,   Act  48. 

Labeling  of  furniture  stuffed  with  second-hand  material,  duty  of  labor  com- 
missioner, p.   1403,   Act   2062. 

Mislabeling  of  food  or  drugs,   prevention   of,   p.    824,   Act   29. 

Protection  of  owners  of  bottles  used  in  sale  of  liquids,  p.  2227,  Acts  4121, 
4122. 

LABOR. 

Hours  of.      See  Hours  of  Labor. 

Misrepresentation  of  kind  of  labor  employed  in  producing  goods,  punishment 
of,  p.   201,  §  349a. 

LABORATORY.      See  State  Board  of  Health. 

LABOR   COMMISSIONER.      See   Labor   Statistics. 

Enforcement   of   law  requiring   labeling   of   furniture    stuffed   with    second-hand 

material,  p.  1403,   Act  2062. 
Power  of  commissioner  or  his  deputies  to  make  arrests,  p.   1403,  Act  2062. 

LABOR  STATISTICS. 

Act  of  1905  directing  commissioner  of  bureau  of  to  collect  certain  statistics  re 
pealed,  p.  1383,  Act  1827. 

Attorney  for  bureau  of,  p.   1384,   Act  1829. 

Commissioner   of  bureau   of,   appointment  of,  p.   1383,   Act  1828. 

Commissioner  of  bureau  of,   appointments,  what  may  make,  p.  1383,  Act  1828. 

Commissioner  of  bureau  of,  deputies  of,  number  of  and  where  to  reside, 
p.    1383,   Act   1828. 

Commissioner  of  bureau  of,  headquarters  of  at  San  Francisco,  p.  1383,  Act 
1828. 

Commissioner  of  bureau  of,  may  make  rules  and  regulations  governing  employ- 
ment agencies,  p.   1144,  Act   1038. 

Commissioner   of  bureau   of,  oifices  for,  p.   1383,  Act   1828. 

Commissioner  of  bureau  of,  to  enforce  law  regulating  houts  of  labor  for 
infants,   p.   1273,  Act   1611. 

Salary  of  commissioner  of  bureau  of  and  of  his  deputies  and  assistants,  p.  1383, 
Act  1828. 

LAKE   COUNTY. 

Assessor,   salary  of,   p.   805,  §  4279,   subd.   7. 

Auditor,   salary  of,  p.   805,  §  4279,   subd.   4. 

Board  of  education,    members,    compensation    and    mileage    of,    p.    805,  §  4279, 

subd.  16. 
Board  of  education,  secretary,  compensation  of,  p.  805,  §  4279,  subd.  16. 
Classification   of,   p.   569,  §  4006. 
Constables,   fees   of,   p.   805,  §  4279,   subd.   14. 
Coroner,   fees  of,   p.   805,  §  4279,    subd.   9. 
County  clerk,   salary  of,   p.   805,  §  4279,   subd.   1. 
District  attorney,   salary  of,   p.   805,  §  4279,   subd.   8. 


INDEX.  2471 

LAKE  COUNTY  (Continued). 

Fish  and  game  warden,   salary  and  expenses  and  how  paid,  p.   594,  §  4149d. 

Justices,   fees  of,  p.   805,  §  4279,   subd.    13. 

Population    of.    p.    566,  §  4005c. 

Public  administrator,   fees   of,   p.   805,  §  4279,    subd.   10. 

Recorder,    salary   of,    p.    805,  §  4279,    subd.    3. 

Registrar  of  voters,   salary,   fees,    allowances,   deputies   and   assistant's,   pp.    600, 

601,  §  4149e. 
Sheriff,   salary,   fees,    commissions   and   expenses   of,    p.    805,  §  4279,    subd.    2. 
Superintendent    of    schools,    salary,    allowances,    and    expenses,    p.    805,  §  4279, 

subd.   11. 
Supervisors,   compensation  and  expenses  as  road  commissioner,  p.   805,  §  4279, 

subd.  15. 
Supervisors,   compensation   and  mileage,  p.   805,  §  4279,   subd.   15. 
Surveyor,   fees  of,   p.   805,  §  4279,    subd.    12. 
Tax   collector,    salary   of,    p.    805,  §  4279,    subd.    6. 
Treasurer,   salary  of,  p.   805,  §  4279,    subd.   5. 

LAKES.      See  Lake  Tahoe. 

Extraction   of  minerals  from,   regulation  of,   p.   1491,  Acts  2231,   2232. 

Lands   uncovered  by    recession   of,    containing    minerals,    to    be    leased,    p.    540, 

§  3493m. 
Lands  uncovered  by  recession  of,   sale   of,  p.   540,  §  3493m. 
Piping  waters  from  into  another  state,  prevention  of,  p.  2330,  Act  4351. 

LAKE  TAHOE. 

Appropriation  for  improvement  of  Lake  Tahoe  wagon  road,  p.  1385,   Act  1864. 
Catching  trout   in   streams  running  into,   regulation   of,   p.  222,  §  632. 

LANDLORD  AND  TENANT. 

Duties  in  relation  to  registration  of  voters.      See   Elections. 

Gambling,   liability  of  lessor  where  premises  used  for,  p.   199,  §  330a. 

Leases.      See  Leases. 

Limit  on  length  of  lease  of  city  property,  p.   149,  §  718. 

Limit   on   length   of   lease   of  insane  person,  p.   149,  §  718. 

Limit  on  length  of  lease  of  property  of  minor,   p.   149,  §  718. 

Tenancy  at  will,  how  may  be  terminated,  p.  150,  §  789. 

LASSEN  COUNTY. 

Assessor,  deputy,  appointment  and  salary,  p.  807,  §  1281,  subd.  7. 

Assessor,   salary  of,  p.   807,  §  4281,   subd.   7. 

Auditor,    salary   of,   p.    807,  §  4281,    subd.   4. 

Classification  of,  p.   570,  §  4006. 

Constables,  fees  of,  p.  807, §  4281,  subd.  14. 

Coroner,  fees  of,  p.  807,  §  4281,   subd.   9. 

County   clerk,    salary  of,   p.   806,  §  4281,    subd.   1. 

District   attorney,    salary   of,   p.   807,5  4281,    subd.    8. 

Fish  and  game  warden,  salary  and  expenses  and  huw  paid,  p.  594.  §  4149d. 

Jurors,  fees  of,  provision  as  to  repealed,  p.   808,  §  4281h. 

Justices,   salaries   of,  p.   807,  §  4281,   subd.    13. 

Official  reporter,  per  diem,  fees  and  expenses  of,   p.   807,  §  4281,  subd.   1ft. 

Population   of,  p.  566,  §  4005c. 

Public  administrator,   fees  of,  p.   807,  §  4281,  subd.   10. 


2472  INDEX. 

LASSEN  COUNTY    (Continued). 

Recorder,    salary   of,   p.    807,  §  4281,    subd.    3. 

Registrar   of   voters,    salary,    fees,    allowances,    deputies   and    assistants,    p.    601, 

§  4149e. 
Sheriff,   no   expenses,   fees  or  mileage   allowed   to,  p.   806,  §  4281,   subd.  2. 
Sheriff,    salary  of,  p.  806,  §  4281,  subd.  2. 

Superintendent  of   schools,    salary  and  expenses  of,   p.   807,  §  4281,   subd.   11. 
Supervisors,    salary   and   mileage,    p.    807,  §  4281,    subd.    15. 
Surveyor,   fees   of,   p.    807,  §  4281,   subd.    12. 
Tax    collector,     salary    and    percentage    on    licenses    collected,     p.     807,  §  4281, 

subd.   6. 
Treasurer,   salary   of,  p.   807,  §  4281,   subd.   5. 

LAUNDRIES. 

Lien   of  proprietors  of,  p.   183,  §  3051. 

LAURITZEN   COMPANY. 

Act   authorizing   it   to   sue   state   repealed,   p.    1962,    Act   3795. 

LAWLEY. 

Authority  to  construct  turnpike  road  in  Lake  county  granted  to  John  Lawley, 
p.   2233,   Act  4203. 

LEARNING.      See   Seminary   of  Learning. 

LEASES.      See   Landlord   and  Tenant. 

Mineral   lands,   p.   540,  §  3493m.      See  Mines   and  Mining. 

Property   of  decedent.      See   Estates  of   Decedents. 

Property  of   infant.      See   Guardian   and   Ward. 

Property  of  insane  persons.      See  Insane  Persons. 

Right   to   take   minerals   from   waters,    leasing   of,   p.    1491,  §§  2231,    2232. 

LEGACIES.      See   Wills. 

LEGISLATION.      See    Initiative;    Referendum. 

Legislative   counsel   bureau,  creation  of,  p.  1386,  Act  1901. 

Legislative   counsel   bureau,   functions,   powers,    duties,    etc.,   p.    1386,    Act   1901. 

LEGISLATURE. 

Acts  of  1891  and  1901  dividing  state  into  legislative  districts  repealed,  p.  1389, 

Acts   1908,   1909. 
Assembly  districts,  p.  272,  §  90. 

Attorney,    attendance    of   on,    continuance    of    trial,    p.    27,  §  595. 
Fees  not  to  be   charged  legislators  by   secretary  of   state,   p.   292,  §  409. 
Notifying   legislature   of   results   where   names   of   candidates   for   senator   placed 

on  ballot   and  duty  of  officers,  repeal  of  act,  p.  2240,  Act  4231. 
Senatorial   districts,   p.   261,  §  78. 

Witnesses   neglecting   or  refusing  to  appear,   arrest  of,  p.  291,  §  303. 
Witnesses  neglecting   or   refusing    to    appear,    contempt    proceedings    against,    p. 

290,  §  302. 


LEGITIMACY. 

Ad(j]jtion  of  illegitimate   child,   consent  of  mother,   p.   109,  §  224. 
Court    may   make    and   enforce   order  for   maintenance   of   illegitimate   by   father, 
p.   108,  §  196a. 


I 


t 


INDEX.  2473 

LEGITIMACY  (Continued). 

Father  as   well   as   motlier  of   illegitimate    child   liable   for  maintenance,   p.    108, 

§  196a. 
Guardian    or   mother   of    illegitimate    may    sue    father    for   maintenance,    p.    109, 

§  196a. 

LELAIID    STANFORD    JTJNIOE   UNIVERSITY. 

Admission   of   graduates   to   practice   law   without  examination,    p.    10,  §  280b. 

LEVEE   DISTRICT.      See  Reclamation  Districts. 

Bonded    indebtedness,    authorized    to    incur    for   certain    purposes,    p.    1391,    Act 

1923. 
Bonds,   issuance  of  by,  p.   1391,  Act   1923. 

Formation  of  district  from  lands  in  different  counties,  p.   1389,   Act   1922. 
No.    1,    Sutter   county,    amendment  of  act   relating  to,  p.   1825,   Act   2944. 
No.   2,    Sutter   county,   funds   of  and   disposition  of,   p.   1830,    Act  2946. 

LIABILITY  INSURANCE    COMPANIES. 

Capital   stock   required  of,  p.   307,  §  594,   subd.   8. 

What  included  in  liability  insurance,   p.   309,  §  594,   subd.   16. 

LIBRARIES.      See  Free  Libraries;    State  Library. 
Indebtedness,  how  estimated,  p.  314,  §  602a. 

LICENSE    COLLECTOR. 

Allowances  to,  p.  816,  §  4290. 
County   officer,    is,   p.   570,  §  4013. 
Particular  counties,  of.      See  particular  title. 
Tax  collector  is,  ex  officio,  p.  570,  §  4013. 

LICENSES. 

Associations  for  exchange  of  contracts  providing  for  indemnity,  licensing, 
p.    1291,    Act    1672c. 

Automobile,    p.    1496,    Act    2331a. 

Building  and   loan   associations,   license   on,  p.   972,   Act   428. 

Cheese,   imitation,   licensing  producing,   buying  and   selling  of,   p.   986,   Act   473. 

Commercial  travelers  dealing  in  goods  at  wholesale,  license  not  required  of, 
p.   580,  §  4041,   subd.   25. 

Commercial  traveler,  license  cannot  be  required  of  where  dealing  at  wholesale, 
p.   580,  §  4041,   subd.  23. 

Corporations,  on.      See   Corporations. 

Corporations,   license   tax   upon.      See   Corporations. 

Employment  agents,  license  for  operating,  p.   1144,  Act   1038. 

Fish,  licensing  persons  engaged  in  propagating,  rearing  and  selling,  p.  1194, 
Act   1340h. 

Fishing,   license   on,  p.   1186,   Act   1298:   p.    1187,   Act  1298a. 

Fish  or  game,  license  necessary  to  deal  in,  p.   218,  S  630. 

Free,   to  ex-soldiers,   sailors  and  marines,   p.   580,  §  4041,   subd.  13. 

Game   animals  or  birds,   to  raise.      See  Game   I^aws. 

Governor  authorized  to  issue  licenses  to  men  to  organize  as  military  com- 
panies,  p.    1485,    Act   2203. 

Jacks  let   to   service,   license   of,   p.    1956,    Act   3750. 

License  collectors,  particular  counties,   iu.      See  particular  title. 


2474  INDEX. 

LICENSES    (Continued). 

License  collector,  percentage  allowed  to  on  licenses  collected,  p.  815,  §  4290. 
Maternity  hospitals,   lying-in  asylums  and  orphan  asylums,  licensing  of  by  state 

board  of  charities  and  corrections,  p.   1398,  Act  1943. 
Motor  vehicles,  .p.  1496,  Act  2331a. 

Oleomargarine,   licensing  manufacture  and  sale  of,   p.  986,   Act  473. 
Pipe-lines,  for,  p.  1614,  Act  2558. 

Renovated  butter,  licensing  manufacture  of,  p.  986,  Act   473. 

Right  of  ex-soldiers,  sailors  or  marines  to  sell  without,  p.  580,  §  4041,   subd.  25. 
Stallions  let  to  public  service,  of,  p.   1956,  Act  3750. 
Supervisors,   authority  of  over,   p.   580,  §  4041,   subd.   25. 
Surplus  line  broker,   to.      See  Insurance  Companies. 

Toll-roads,  power  of  supervisors  over,  p.  582,  §  4041,  subds.  35  and  36. 
Vocation  of  dealing  in  fish  and  in  wild  game  and  animals,  licensing  of,  p.  1192, 

Act   1340f. 
Water,  for  use  of,   repeal  of  act  relating  to  issuance   and  renewal  of,  p.  2329, 

Act  4350. 

LICK   OBSERVATORY.      See   University  of   California. 

LIEN'S.      See  Mechanics'  Liens. 

Building  and  loan  associations,  exemption  of  property  of  from,  p.  972,  Act  428. 
Enforcement   of   liens   under  inheritance   tax  law,   pp.   2129,    2130,    Acts    4035a, 

4035b. 
Irrigation  district  bonds,  release  of  lien  arising  from,  p.   1348,   Act  1732b. 
Judgments   in   justices'    courts,   of.      See   Justices'    Courts. 
Personal  properly,   lien  on  for  services  performed  on,  p.   183,  §  3051. 
Reclamation   assessments   become,   p.   525,  §  3463. 
School  lands,   cancellation  of  lien  for  taxes  on,  p.   1978,   Act  3841. 

LIEU  LANDS.      See  State  Lands. 

LIFE  ESTATE. 

Decree  terminating  on  death  of  party,  p.   89,  §  1723. 

LIFE  INSURANCE.      See  Insurance;  Life  Insurance  Companies. 
What   included   in   life   insurance,    p.    306,  §  594,    subd.   2. 

LIFE  INSURANCE   COMPANIES. 

Capital  stock  required  before   doing  business,  p.   309,  §  594,   subd.   16. 

LIGHTING  COMPANIES.      See  Gas  Companies;   Electric  Companies. 

LIGHTING   DISTRICTS. 

Formation,   government   and  operation   of  by  unincorporated   cities,   amendments 

of  act  of  1909  relating  to,  p.  1235,  Act  1466. 
Exempt   from  provisions  of   act   relating   to   waters,   p.   2266,   Act   4340. 

LIGHTNING  INSURANCE  COMPANIES. 

Capital  stock  required  of,  p.  309,  §  594,   subd.   16. 

LIGHTS.      See  Municipal  Corporations. 

LIMITATION    OF   ACTIONS.      See    Statute   of   Limitations. 


INDEX.  2475 

LIQUORS.      See  Intoxicating  Liquors. 

LIS  PENDENS. 

Filing   of   in    condemnation   proceedings,    p.    66,  §  1243. 

LIVEEY-STABLE  KEEPERS. 

Lien  of,   p.   183,  §  3051. 

LIVESTOCK  INSPECTOR.  y 

Must   be   a  duly  qualified  livestock   inspector,   p.   575,  §  4023. 
Must   have    certificate    issued   by    state    veterinary    medical    board    on    file   with 
county   clerk,  p.   575,  §  4023. 

LOAN  ASSOCIATIONS.      See   Building   and  Loan   Associations. 

LOBSTER.      See  Game  Laws. 

LOCAL  OPTION.      See  Intoxicating  Liquors. 

LOCKOUTS.      See  Master  and  Servant. 

LODGING-HOUSE  KEEPERS. 

Duties   in   relation   to   registration   of   voters.      See   Elections. 

Exit    and   stairway   signs,    duty    to    post   and   penalty    for   neglect,    p.    1250,    Act 
1529.     . 

LODGING-HOUSES.      See  Hotels. 

LONG  BEACH. 

>Charter   of,   p.   1399,   Act    1973. 
Grant  of  tide  lands  to  by  state,  p.  1399,  Act  1974. 

LOS  ANGELES  CITY. 

Act  of   1909   for  dedication   to  public  use   for   street  purposes  of  certain   lands 

of  state  normal  school  repealed,  p.   1400,   Act   1989. 
Charter  of,   amendments  to,  p.   1400,   Act   1975. 
Dedication  of   land  of   state   normal   school    to   widen   Vermont   avenue,   p.    1401, 

Act   1991a. 
Exposition   building   at,    appropriation    for   furnishing,    equipping    and    maintain- 
ing at,  p.   1402,   Act   1992b. 
Exposition   building  at,  provision  for  maintaining  permanent  exhibit  at,  p.  1402, 

Act  1992b. 
Grant  of  tide  lands  to  by  state,  p.  1400,  Act  1991. 
Justice's  clerk   in.      See   Justice's   Courts. 
Justice's  court  in.      See  Justices'   Courts. 
Justices  of   the   peace   in.      See  Justices'   Courts. 
Normal   school,    appropriation    for    purchase    of    additional    land,    p.    191fi,    Act 

3554b. 
Normal   school,  sale  of  land  of  by  trustees  confirmed,  p.  1919,   -Act   3551c. 
Normal   school,    sale    of    site    by    trustees    and    purchase    of    new    site,    j).     1917, 

Act   3554a. 
Pilots   for   Wilmington    and    San    Pedro,    repeal   of   act  providing   for,    p.    1063, 

Act  2672. 
Police  courts  in,  p.  1674,  Acts  2741,  3742. 


2476  INDEX. 

LOS  ANGELES  CITY  (Continued). 

Tide  lands,  acts  of  attorney  general  in  prosecuting  suits  for  recovery  of  con- 
firmed,  p.   1402,   Act   1992c. 

Tide  lands  in,  declaration  that  they  are  required  for  commerce,  navigation 
and  fishing,  p.  1402,  Act  1992c. 

Tide  lands,  grant  of  to,  p.  1400,  Act  1991. 

LOS  ANGELES  COUNTY. 

Assessor,    allowances   of,   p.   609,  §  4230,   subd.   8. 

Assessor,    commissions    not    allowed    to    for    collection    of    personal    property    or 

poll-taxes,  p.  815,  §  4290. 
Assessor,   cost  of  maps,   plats,  block-books,   etc.,   allowance   for  and  accounting, 

p.   609,  §  4230,   subd.   8. 
Assessor,   deputies,    clerks    and    assistants,    number,    enumeration,    appointment 

and    salaries,   p.    609,  §  42.30,    subd.    8. 
Assessor,  no  compensation  allowed  to  for  making  out  military-roll,  p.  609,  §  4230, 

subd.   8;   p.   815,  §  4290. 
Assessor    receives    no    compensation    for    collecting    personal    property    or    poll 

taxes,   p.    609,  §  4230,    subd.   8. 
Assessor,   salary,   p.   609,  §  4230,   subd.   8. 

Assessor  to  receive  no  commissions  or  allowances  in,  p.  609,  §  4230,  subd.  8. 
Auditor  of,   deputies,    clerks   and   assistants,   number,    enumeration,    appointment 

and   salaries,   p.   606,  §  4230,   subd.   4. 
Auditor   of,   salary  of,   p.    606.  §  4230,    subd.  4. 
Board   of  education,    compensation   and   mileage   of   members    of,   p.    611,  §  4230, 

subd.   12%. 
Charter  of,  p.   1403,  Act   1992. 
Classification  of,  p.  566,  §  4006. 
Constables,    deputies  of,    p.    614,  §  4230,    subd.    16. 
Constables,   fees   and   expenses,    of,   p.   614,  §  4230,    subd.    16. 
Constables,   fees,    what    allowed,    report    of    and    disposition    of,    p.    614,  5  4230, 

subd.    16. 
Coroner,    deputy    clerk    and    stenographer,    appointment,    salaries   and    duties    of, 

p.   610,  §  4230,   subd.   9. 
Coroner,    duties  of,  p.    610,  §  4230,    subd.   9. 
Coroner,   powers   of,   p.    610,  §  4230,    subd.    9. 
Coroner,    salary  and  expenses  of,  p.   610,  §  4230,   subd.  9. 
County    board    of    education,    compensation    and    mileage    of    members,    p.    611, 

§  4230,   subd.  121^. 
County   clerk,    clerks,    number,    appointment    and    salaries,    when    great   register 

to  be  made,  p.  604,  §  4230,  subd.  1. 
County   clerk,  deputies,  clerks  and  employees,  number,  enumeration  of,  appoint- 
ment  and   salaries,   p.    604,  §  4230,    subd.    1. 
County   clerk,   salary  of,  p.   604,  §  4230,   subd.   1. 
District   attorney,     deputies,    employees    and    assistants,    number,     enumeration, 

appointment   and   salaries   of,   p.   608,  §  4230,   subd.    7. 
District   attorney,  salary  of,  p.  608,  §  4230,   subd.  7. 
District   attorney  to  devote  entire  time  to  office,  p.  602,  §  4156b. 
Fish   and   game   warden,    salary    and    expenses   and    how    paid,   p.    594,  §  4149d; 

p.   615,  §  4230,   subd.   17. 
Health   officer,  salary  of,  p.  611,  §  4230,  subd.  12. 
Health  officers,   special,   compensation  of,   p.   611,  §  4230,    subd.    12. 


INDEX.  2477 

LOS  ANGELES  COUNTY  (Continued). 

Health   officers,   special,  limit  on  expenditure   for  in  single   year,  p.   611,  §  4230, 

subd.   12. 
Justices,    clerks  of,   appointment   and  salaries,   p.   613,  §  4230,   subd.   15. 
Justices,    clerks  of.   powers   and   duties  of,   p.   613,  §  4230,    subd.    15. 
Justices,   fees  of,  disposition  of  and  report  of.  p.  613,  §  4230,  subd.  15. 
Justices,   offices,     furniture     and     supplies,     duty     to     provide,     p.     613,  §  4230, 

subd.   15. 
Justices,    salaries  are  in  lieu  of  fees,   p.    613,  §  4230,   subd.   I.t. 
Justices,    salaries  of,   p.    613,  §  4230,   subd.    15. 
License    collector,    no    commissions    for    collecting    licenses    allowed    to,    p.    41d, 

§  4290. 
Poll    taxes   and   road  poll   taxes,    commissions    on    allowed    county    in    settlement 

with   state,   p.   609,  §  4230,   subd.    8. 
Population   of,   p.    565,  §  4005c. 
Public   administrator,     deputy,     appointment     and     salary     of,     p.     611,  §  4230, 

subd.   10. 
Public   administrator   of,    salary   of,   p.    611,  §  4230,    subd.    10. 
Recorder  of,   deputies    and  copyists,    number,    enumeration   of,    appointment    and 

salaries,   p.   606,  §  4230,   subd.   3. 
Recorder  of,   salary  of,   p.   606,  §  4230,    subd.   3. 
Registrar   of   voters,   salary,   fees,   allowances,   deputies   and   assistants,   pp.    595, 

601,  §  4149e. 
Sheriff,    deputies   and    employees,    number   of,    enumeration    of,    appointment    and 

salaries,   p.   605,  §  4230,   subd.   2. 
Sheriff,    salary  and  expenses  of,  p.  605,  §  4230,  subd.  2. 
Sheriff,   under-sheriff,    appointment  and  salary,   p.   605.  §  4230,    subd.   2. 
Special   counsel,  power  to  employ,  p.  608,  §  4230,   subd.   7. 

Superintendent   of   schools,    deputies    and    assistants,    number,    enumeration,    ap- 
pointment  and   salaries,   p.    611,  §  4230,    subd.    11. 
Superintendent   of   schools,    salary   and   expenses  of,  p.   611,  §  4230,   subd.   11. 
Superior   court,  any  one  or  more  of  judges  may  hold  court,  p.   3,  §  67a. 
Superior   court,    judgments    and    orders    of    any    session    as    effective    as    if    all 

judges   presided,   p.    3,  §  67a. 
Superior   court,  number  of  judges  of,   p.  3,  §  67a. 
Superior   court,    number   of   sessions  of,   p.   3,  §  67a. 

Superior   court,  presiding  judge,   selection   and  removal  of,  p.   3,  §  67a. 
Superior  court,  six  additional  judges,  appointment,  terms  of  office  and  salaries, 

p.   3,  I  67a. 
Supervisors,     deputies,     clerks     and    assistants,    number,     enumeration,     appoint- 
ment  and  salaries   of,    p.    612,  §  4230,    subd.    14. 
Supervisors,    salaries,   fees    and   mileage,    p.    612,  §  4230,    subd.    14. 
Surveyor,     deputies     and     assistants,     number,     enumeration,     appointment     and 

salaries,  p.   612,  §  4230,   subd.   13. 
Surveyor,    salary   and   expenses   of,   p.    612,  §  4230,    subd.    13. 

Tax    collector,    deputies,    stenographers    and    clerks,    number,    enumeration,    ap- 
pointment  and   salaries,   p.    607,  §  4230,    subd.    6. 
Tax  collector,   salary  and   expenses  of,   p.   607,  §  4230,   subd.   6. 
Treasurer  of,   deputies,   number,   enumeration,   appointment  and   salaries,  p.  007, 

§  4230,   subd.   5. 
Treasurer  of,   salary  of,  p.   607,  §  42;!t),   subd.   5. 


2478 


INDEX. 


LOST  CERTIFICATES. 

Proceedings  iu   case   of  loss  of  lieu  land  certificates,  p.   515,  §  3408d. 

LOST  DEEDS. 

Actions  against'  state  to  quiet  title  in  case  of.      See   State. 

LOST  DOCUMENTS. 

Admissibility    of    abstracts    of    title    where    records    lost    or    des,troyed.    p.    95, 
§  1855a. 

LOST  PROPERTY.      See  Unclaimed  Property. 

LOST  RECORDS. 

Patints  for  swamp  and  overflowed  lands.      See   Swamp   and  Overflowed  Lands. 

LOTTERIES. 

Giving  of  lot  with  a  ticket  a  misdemeanor,  p.  208,  §  532a. 

LUNACY.      See   Insane   Asylums;    Insane   Persons. 


M 

MACHINERY  INSURANCE  COMPANIES. 

Capital  stock  required  of,  p.   309     §  594,  subd.  16. 

What  included  iu,  machinery  insurance,  p.   307,  §  594,   suhd.   9. 

MADERA  COUNTY. 

Assessor,   deputies,   number,  appointment  and  salaries,   p.   785,  §  4271,   subd.   7. 

Assessor,    salary  of,    p.    785,  §  4271,    subd.    7. 

Auditor,   deputy,   appointment   and   salary,  p.   784,  §  4271,    subd.   4. 

Auditor,   salary  of,   p.   784,  §  4271,   subd.  4. 

Classification    of,    p.    569,  §  4006. 

Constables,   salaries  and   fees   of,   p.   786,  §  4271,   subd.   14. 

Coroner,   fees   of,   p.   785,  §  4271,    subd.    9. 

County   clerk,   deputy,   appointment   and  salary  of,  p.   784,  §  4271,    subd.   1. 

County   clerk,    salary   of,   p.    784,  §  4271,    subd.    1. 

District   attorney,    salary    of,    p.    785,  §  4271,    subd.    8. 

District  attorney,  stenographer,  appointment  and  salary,  p.  785,  §  4271,  subd.  8. 

Fish  and  game  warden,  salary  and  e.xpenses  and  how  paid,  p.  594,  §  41<,9d. 

Justices  of  the  peace,   salaries   and  fees   of,  p.   786,  §  4271,   subd.   14. 

Official   reporter,    fees   of,    p.    786,  §  4271,    subd.    16. 

Population   of,   p.   566,  §  4005c. 

Public   administrator,   fees   of,   p.   785,  §  4271,    subd.   10. 

Recorder,   deputy,   appointment  and  salary,   p.   784,  §  4271,   subd.    3. 

Recorder,   fees,  what  portion  to  pay  into  treasury,   and  what  may   keep,   p.   784, 

§  4271,   subd.   3. 
Recorder,    salary   of,   p.   784,  §  4271,   subd.   3. 
Registrar  of  voters,    salary,   fees,    allowances,   deputies   and   assistants,    pp.    599.      • 

601,  §  4149e. 
Sheriff,    salary,    fees,    mileage,    commissions    and    expenses    of,    p.    784.  §  4271, 

subd.  2. 
Superintendent   of   schools,     deputy,     appointment    and    salary,     p.     785,  §  4271, 

subd.^11. 


I 


INDEX.  2479 

MADERA  COUNTY   (Continued). 

.Superintendent   of  schools,   salary   of,  p.   785,  §  4271,   subd.   11. 

Supervisors,    compensation   as  road  commissioners,   p.    786,  §  4271,    subd.    15. 

Supervisors,    salary   and  mileage,   p.    786,  §  4271,   subd.   15. 

Supervisors,    to  act  as  road  commissioners,  p.  786,  §  4271,  subd.  15. 

Surveyor,   assistants   to,   provision   as  to   repealed,    p.    786,  §  4271a. 

Surveyor,    compensation    and   expenses,   p.    785,  §  4271,    subd.    12. 

Tax   collector,   deputy,  appointment   and  salary,   p.   784,  §  4271,  subd.   6. 

Tax   collector,    salary   of,    p.    784,  §  4271,    subd.    6. 

Treasurer,    salary   of,    p.    784,  §  4271,    subd.   3. 

MAIL. 

Service   of  notice  in  justices'   courts  by  mail,  p.  38,  §  850. 

MANDAMUS. 

Damages   and   costs,   execution  may  issue,   p.   47,  §  1095. 

Damages   and   costs,   recovery  of  where  judgment  for  applicant,  p.  47,  §  1095. 
Damages   and   costs    where    state,    county   or   city    officer   a   party,    p.    47,  §  1095. 
Peremptory   writ   to    issue    where   judgment    given    for   applicant,    p.    47,  §  1095. 
Public   utility  commission,    by,   p.   1786,   Act   2886,  §  75. 

MANUFACTURES.      See  Adulteration. 

Adulterated  food  or  liquors,  manufacture  of,  prevention  of,  p.  824,  Act  29. 

Butter.      See  Butter. 

Cheese.      See  Cheese. 

Keeping  of  medical  and  surgical  appliances  in  factories,  p.  1405,  Act'  2063a. 

Labeling  of  furniture  stuffed  with  secondhand  material,  duty  of  labor  com- 
missioner to   enforce   law,   p.    1403,   Act   2062. 

Misrepresentation  of  kind  of  labor  employed  in  producing  goods,  punishment 
of,    p.    201,  §  349a. 

Owners   of   bottles,    kegs,    etc.,   protection   of,    p.    2227,    Act   4122. 

Registration  of  factories,  workshops,  mills  and  other  manufacturing  establish- 
ments,  p.   1404,   Act   2063. 

MAPS. 

Act  of  1893,  providing  for  recording  of  maps  of  tracts  subdivided  for  sale, 
repealed,  p.   1405,  Act  2064. 

Amendments  of  act  of  1913,  providing  for  recording  of  maps  of  tracts  sub- 
divided for  sale,   p.   1406,   Act  2065. 

MARLN  COUNTY. 

Assessor,   deputy  and  copyist,  appointment  and  salary,  p.  721,  §  4251,  subd.   7. 

Assessor,    salary,   commissions  and  fees,   p.   721,  §  4251,   subd.   7. 

Auditor,    deputy   and   salary   of,   p.   720,  §  4251,    subd.   4. 

Auditor,    salary  of,   p.    720,  |  4251,    subd.    4. 

Board  of  education,   compensation   and  mileage,   p.    721,  §  4251,   subd.    16. 

Classification   of,   p.   568,  §  4006. 

Constables,   allowances  and  fees  of,   p.   721,  §  4251,  subd.   14. 

Coroner,   fees  of,   p.   721,  §  4251,   subd.   10. 

County   clerk,   deimties,    appointment   and   salary,   p.    719,  §  4251,    subd.    1. 

County  clerk,   salary  and  allowances,   p.   719,  S  4251,    subd.    1. 

District   attorney,    salary   of,   p.    721,  §4251,    subd.    8. 

Fish  and  game  warden,   salary  and  expenses  of  and  how   paid,   p.   594,  J  4149d. 


2J80  INDEX. 

MAKIN  COUNTY   (Continuea). 

Justices,  fees  of,  p.   721,  §  4251,   subd.  13. 

Population    of,    p.    565,  §  4005c. 

Public  administrator,   fees  of,   p.   721,  §  4251,   subd.   11. 

Recorder,   deputy  and  copyists,  appointment  and  salary  of,  pp.  720,  729,  §  4251, 

subd.   3. 
Recorder,    salary  of,   p.   720,  §  4251,  subd.   3. 
Registrar  of   voters,    salary,   fees,   allowances,   deputies   and   assistants,    pp.    597, 

601,  §  4149e. 
Sheriff,   deputy,    appointment    and   salary,    p.    720,  §  4251,    subd,   2. 
Sheriff,    salary   and   fees   of,    p.    720,  §  4251,    subd.   2. 

Superintendent   of   schools,  deputy,  appointment  and  salary,  p.  721,  §  4251. 
Superintendent   of   schools,   salary   and   expenses,   p.    721,  §  4251,    subd.   9. 
Supervisors,   mileage  as  road  overseer,  p.  721,  §  4251,  subd.  15. 
Supervisors,    salary    and    mileage    of,    p.    721,  §  4251,    subd.    15. 
Surveyor,   fees   of,   p.    721,  §  4251,    subd.    12. 
Tax   collector,    deputy    and    copyist,    appointment    and    salaries,    p.    720,  §  4251, 

subd.    6. 
Tax   collector,    salary  of,   p.   720,  §  4251,   subd.   6. 
Treasurer,    salary   of,   p.    720,  §  4251,    subd.   5. 

IklARINE   INSURANCE   COMPANIES. 

Capital   stock   required   of,   p.   309,  §  594,    subd.   16. 

What   included  in  marine  insurance,  p.   306,  §  594,   subd.   3. 

MARINE    INSURANCE    CORPORATIONS.      See    Fire    and    Marine    Insurance    Cor- 
porations. 

MARINES.      See   Soldiers  and   Sailors. 

MARIPOSA   COUNTY. 

Assessor,    salary   of,   p.    810,  §  4283,    subd.    7. 

Auditor,   salary  of,   p.   810,  §  4283,   subd.   4. 

Classification  of,   p.   570,  §  4006. 

Constables,   fees  of,  p.    810,  §  4283,   subd.   14. 

Coroner,    fees  of,   p.   810,  §  4283,    subd.   9. 

County  clerk,   salary  of,  p.   809,  §  4283,   subd.   1. 

District   attorney,    salary   of,    p.    810,  §  4283,    subd.    8. 

Fish  and  game  warden,  salary  and  expenses  and  how  paid,  p.  594,  §  4149d. 

Jurors,   grand,   fees   and   mileage,   p.    810,  §  4283,    subd.    16. 

Jurors,    trial,   fees   and  mileage,   p.   810,  §  4283,   subd.    16. 

Justices,   compensation   of,   p.   810,  §  4283,   subd.   13. 

Population   of,   p.   566,  I  4005c. 

Public  administrator,  fees  of,  p.   810,  §  4283,   subd.   10. 

Recorder,    fees,   what   may  retain   and  what   to   pay   to    treasury,   p.    809,  §  4283, 

subd.   3. 
Recorder,   salary  of,  p.  809,  §  4283,  subd.  3. 
Registrar   of  voters,   salary,    allowances,   fees,   deputies   and   assistants,    p.    601, 

§  4149e. 
Sheriff,   salary  of,   p.    809,  §  4283,   subd.   2. 

Superintendent    of    schools,    salary    and    expenses   of,    p.  810,  §  4283,   subd.   11, 
Supervisors,    compensation   and  mileage,   p.   810,  §  4283,   subd.   15. 
Supervisors,    compensation   as   road   commissioner,   p.   810,  §  4283,- subd.    15. 


INDEX.  2481 

MARIPOSA  COUNTY  (Continued). 

Surveyor,    fees   of,   p.    810,  §  4283,    subd.    12. 

Tax    collector,     salary    and    percentage    on    licenses    collected,     p.     810,  §  4283, 

subd.   6. 
Treasurer,   salary  of,   p.   810,  §  4283,   subd.   5. 

MARRIAGE. 

Divorce.      See  Divorce. 

Proof   of   on   prosecution   for   adtiltery,  p.   196,  §  269b. 

Proof   of   on   prosecution   for   nonsupport    of    wife,    p.    197,  §  270e. 

MARRIED   WOMEN. 

Deposits  in  banks  by,   or  in  name  of,  p.  871.  Act  297,  §  16. 

Husband,   liability   of   for  torts  of   wife,   p.   108,  §  171a. 

May  be   sued   alone  for  civil   injuries,   p.   108,  §  171a. 

Parties,   married  women  as,  husbands  must  be  joined,  when,  p.   14,  §  370. 

MARSHALS. 

Peace  officers,  are,  p.  234,  §  817. 

MASTER  AND   SERVANT.      See   Mechanics'   Liens. 
Accidents,    report    of,    p.    1415,    Act   2144a. 
Advertisements    and     solicitations    for    employees    during    strikes    or    lockouts, 

regulation   of,   p.    1409,    Act   2140a. 
Blacklisting  by  agent  or  employee  of  master,   liability  for,  p.  231,  §  653e. 
Blacklisting,    punishment   for,    p.    231,  §  653e. 
Blacklisting,  statements  of  reason  for  discharge,  when  is  and  when  not,  p.  231, 

§  653e. 
Buildings,  protection  of  workmen   employed  in,  p.   1410,   Act  2141. 
Building,    temporary   floors   in   building   more    than   three   stories   high,   p.    1410, 

Act   2141. 
Employers'    liability   act  of    1911   repealed,   p.  1415,   Act  2144. 
Employers'    liability   law   of    1913,   p.    1415,    Act   2144a. 
Employment  agencies.      See  Employment  Agencies. 

Evidence   of   indebtedness,  issuance  of  for  wages  prohibited,  p.  1413,   Act  2142. 
Evidence   of   indebtedness,    issuance  of  for  wages,   punishment   of,   p.    1413,   Act 

2142. 
Female   employees,    duty   to   provide   seats   for,   p.    1260,    Act    1537. 
Female   employees,   limit   on   hours  of  labor  of,   p.   1260,   Act    1537. 
Female  employees,   penalty   where   employer   fails   to    comply   with   act   relating 

to,   p.   1260,   Act   1537. 
Hours  of  labor.      See  Hours  of  Labor. 

Hours   of   labor  in  underground  mines,   p.   1490,   Acts  2230,   2230a. 
Industrial   accident   board  abolished,   p.   1465,   Act  2144c. 
Industrial   accident  board,    report    of    and    publication    of    statistics,    p.     1463, 

Act    2144b. 
Industrial   accident  board  succeeded  by  industrial  accident  commission,   p.  140.5, 

Act   2144c. 
Industrial   accident   commission,     act    creating    and    governing,     p.     1417,     Act 

2144a,  §  3. 
Industrial   accident   commission,    additional    duties    imposed    on,    p.     1463,     Act 

2144b. 

158 


2482  INDEX. 

MASTER  AND  SERVANT   (Continued). 

Industrial   accident   commission,  duty  to  give  information  to,  p.  1463,  Act  2144b. 
Industrial   accident   commission,  powers  and  duties  of,  p.   1415,  Act  2144a. 
Industrial   accident   commission,    powers    of   industrial   accident   board   conferred 

on,   p.   1465,   Act  2144c. 
Industrial   accident  commission,   researches   and  investigations  by,   p.   1463,   Act 

2144b. 
Industrial   accident   commission,  review  of  orders,  decisions  and  awards,  p.  1415, 

Act  2144a. 
Industrial   accident  fund,   creation  of  and  appropriation  of  money,  p.   1468,  Act 

2144f. 
Industrial  welfare  commission.      See   Industrial  Welfare   Commission. 
Infants,  employment  of.      See  Industrial  Welfare  Commission;   Infants. 
Injuries,   record   of   claims   for   and   of   settlements   and   compromises   and  report 

of  to   industrial  accident  board,  p.   1466,   Act  2144d. 
Injuries    to    employees,    record    of    and    report    of   to    industrial    accident    board, 

p.    1466,    Act   2144d. 
Minimum  wage  for  women.      See  Industrial  Welfare  Commission. 
Misrepresenting    kind    of    labor    employed    in    producing    goods,    punishment    of, 

p.   201,  §  349a. 
Mutual   workmen's    compensation    companies,    organization    and    management    of, 

p.   1296,  Act  1672h. 
Occupational  diseases,  reporting  of,  p.  1706,  Act  2827. 

Sanitation    and   ventilation    in    and    at    camps    where    five    or   more    persons    em- 
ployed,  p.   1412,   Act   2141b. 
Scaffolding  and  staging  for  protection  of  workmen,  regulation  of,  p.   1411,   Act 

2141a. 
State  compensation  insurance  fund,  p.  1439,  Act  2144a,  §  36  et  seq. 
Time  for  payment  of  wages,  p.  1413,  Act  2143. 
Wages,    assignment   of,   provision   relating  to,   p.    152.  §  955. 
Wiping   rags,    regulation    of   use   of,    p.    1720,    Act    2840b. 
Women,    employment    of.      See    Industrial    Welfare    Commission. 

MATERIALMEN.      See   Mechanics'   Liens;    Public  Works. 

MATRONS. 

Female  prisoners,  for.      See  Jails. 

McENERNEY  ACT. 

Repeal   of  limitation  upon  time  in  which   action  may  be  brought,  p.  1152,  Act 

1048. 

MEASURES.      See    Weights    and   Measures. 

MECHANICS'  LIENS. 

Actions,   any   number   of  persons   claiming  liens   may  join,   p.   56,  §  1195. 

Actions,    consolidation   of.    p.    56,  §  1195. 

Actions,  costs,  money  paid  for  verifying  and  recording  claims,  p.  56,  §  1195. 

Action,   dismissal  for  want  of  prosecution,  p.   54,  §  1190. 

Action,   dismissal  of  or  judgment   that  no  lien  exists,   effect  of,  p.  54,  §  1190. 

Actions,   judgment   may   be   docketed    for   deficiency    of    proceeds   of    sale    under 

foreclosure,   p.   56,  §  1194. 
Actions,   personal,   attachment  in,   affidavit  need  not  state  demand  not   secured, 
p.  56,  §  1197. 


INDEX.  2483 

MECHANICS'  LIENS    (Continued). 

Actions,   personal,    attach jient  may  be  taken  out,  p.  56,  §  1197. 

Actions,   personal,   judgment  does  not  affect  lien,  p.   56,  §  1197. 

Actions,   personal,   may  be  brought  for  debt,  p.  56,  §  1197. 

Actions,   personal,   money  collected  on  to  be   credited  on  lien,  p.   56,  §  1197. 

Action,  time  within  which  to  be  brought,  p.  54,  §  1190. 

Agent  of  owner,  who   is  within   mechanic's   lien   law,  p.   50,  §  1183. 

All    persons    performing    labor   or    furnishing    materials    are    entitled    to,    p.    50, 

§  1183. 
Alteration   of  work  or  modification  of  contract  does  not  release  sureties,  p.   50, 

§  1183. 
Amount  of,  not  limited  by  contract  price,  p.  50,  §  1183. 
Amount  of,  not  to  exceed  reasonable  value  of  labor  done  or  material   furnished 

or  price   agreed,   p.   50,  §  1183. 
Amount,   purpose  of  statute  is  to  limit  owner's  liability  to  contract  price,  when, 

p.    50,  §  1183. 
Amount,   recovery  restricted  to  amount  due  from  owner,  when,  p.   50,  §  1183. 
Bond,   amount  and  conditions  of,  p.  50,  §  1183. 
Bond,    owner  may  require  of  contractor,  p.  50,  §  1183. 
Bond,    to  whose  benefit  inures,  p.  50,  §  1183. 

Bond,   sureties   not  released   by   alterations   or  modifications,   p.    50,  §  1183. 
Bond,   sureties  not  released  by  what  acts  of  owner,   p.   55,  §  1193. 
Cessation   from  labor,  effect  of,  p.   53,  §  1187. 
Cessation   from   labor,  notice  of,   filing  of,  p.   53,  §  1187. 
Claim   of,   contents  of,  p.   53,  §  1187. 

Claim   of,   false  notice  of,   forfeiture   of  lien  for,  p.  57,  §  1202. 
Claim   of,    including   work    or   materials   not    furnished   or    performed,    effect    of, 

p.   57,  §  1202. 
Claim   of   mistakes  or  errors  in,  effect  of,  p.  57,  §§  1203,   1203a. 
Claim   of   lien,   place  of   filing,   p.   53,  §  1187. 
Claim   of   lien,   time   to   file,   p.   53,  §  1187. 
Claim  of  lien,   time   to   file,   where   work   subject  to   approval   by   public   officer, 

p.  54,  §  1191. 
Claim   of   lien,    verification    of,    p.    53,  §  1187. 
Completion   of   building,  notice  of,  contents  of,  p.  53,  §  1187. 
Completion   of   building,   notice   of,   estoppel  from  failure  to  file,  p.  53,  §  1187. 
Completion   of   building,    notice   of   may    be   filed,   p.    53,  §  1187. 
Completion   of   building,   notice   of,    time   to   file,   p.    53,  §  1187. 
Completion    of   building,   notice   of,   verification   of,   p.   53,  §  1187. 
Completion   of   building,    trivial   imperfection,   effect  of,   p.   53,  §1187. 
Completion   of   building,    what    constitutes,    p.    53,  §  1187. 
Construction   of   act  is  to  be  liberal,  p.  50,  §  1183,  note. 

Construction   of   act,  policy  and  purpose  of   legislature,  p.   50,  §  1183,   note. 
Contract,    change  or  modification   of,   do  not   release   sureties,   p.    50,  §  1183. 
Contract,    filing  of  is  equivalent  to  actual   notice,  p.   50,  §  1183. 
Contract,   labor  or  materials  not  covered  by,  p.   50,  §  11H3. 
Contract  price,  note  to  exceed,   p.  50,  §  1183. 
Contractor,    deduction    from    payments    due    to    on    recovery    by    lien    claimants 

against  owner,   p.   5.5,  §  1193. 
Contractor  failing  to  perform  contract,   provision  of  code  as  to,   repealed,   p.  57, 

§  1200. 
Contractor,   judgment  rendered   against   for  deficiency,   when,   p.   50,  §  1183. 
Contractor,    limit  of  amount  of  recovery  by,  p.   55,  §  1193. 


2484  INDEX. 

MECHANICS'  LIENS    (Continued). 

Contractor,    owner  may  require  bond  of,  p.  50,  §  1183. 

Contractor,   recovery   from   by   owner   wliere   payments   to   lien    claimants   exceed 

amount  due   to,   p.    55,  §  1193. 
Contractor  to   defend   actions   on    liens   filed  against   owner,   p.    55,  §  1193. 
Contractor,  withholding  payments  where  liens  filed  against  owner,  p.  55,  §  1193. 
Direct,  liens  are,   p.  50,  §  1183. 

Foreclosure,  deficiency  of  proceeds,  judgment  may  be  docketed  for,  p.  55,  §  1194. 
Improvements   on   lots  at  request  of  owner,  lien   for,  p.   54,  §  1191. 
Improvements   on   lots   at   request  of   owner,    time   to   file   lien   where    subject   to 

approval   by   public    officer,    p.    54,  §  1191. 
Judgment   limited   to   amount  remaining  due   to   (Contractor,   when,  p.   50,  §  1183. 
Judgment   rendered   against   contractor  for  deficiency,   when,   p.   50,  §  1183. 
Land   subject   to   lien,   extent   of,   p.   52,  §  1185. 

Land   subject   to   lien  where  owner  owns  less  than  fee,   p.  52,  §  1185. 
Mines,    agent   of   owner,    who   is   under   mechanic's   lien   law,   p.    50,  §  1183. 
Mines,  persons  performing  labor  or  furnishing  materials  have  lien,  p.  50,  §  1183. 
Notice  of  completion  of  building,   filing  of,   place  of  and   fee   for,   p.   53,  §  1187. 
Notice   of   completion    of   building   on    cessation    of   labor,   p.    53,  §  1187. 
Notice   of   contract,  filing  of  contract  in  recorder's  office  is  equivalent  to,  p.   50, 

§  1183. 
Notice   of   labor  performed  or   materials   furnished,    form   of,   p.    52,  §  1184. 
Notice   of   labor    performed    or   materials    furnished,    form,    defect    in,    effect    of, 

p.   52,  §  1184. 
Notice   of   labor  performed   or  materials   furnished,   how   given,   p.    52,  §  1184. 
Notice  of  labor  performed  or  materials   furnished  may  be  given  owner,   p.   52, 

•§  1184. 
Notice   of   labor  performed   or  materials    furnished,    owner  may   demand,    p.    52, 

i  1184. 
Notice   of   labor  performed   or   materials  furnished,  refusal  to  give  owner,   effect 

of,   p.   52,  §  1184. 
Notice   of   labor  performed  or  materials  furnished,  withholding  payment  in  case 

of,  p.   52,  §  1184. 
Notice   of   want  of    responsibility,    contents   of,    p.   55,  §  1192. 

Notice   of  want   of  responsibility,  effect  of  failure  to  post  and  file,  p.  55,  §  1192. 
Notice   of  want   of  responsibility  may  be  posted,   p.   55,  §  1192. 
Notice   of  want   of   responsibility,   verification   and   filing  of,   p.   55,  §  1192. 
Not  to  extend  to  labor  or  materials  not  within  original  contract  or  modification 

of  which  claima7it  had  notice,  p.  50,  §  1183. 
Power  companies,  provision  giving  lien  to  repealed,  p.  52,  §  1183a. 
Prevention  of  performance  by  owner,  what  acts  do  not  amount  to,  p.  55,  §  1193. 
Public  building,  on.      See  Public  Works. 
Purpose   of   statute   is   to   limit   owner's   liability   to   contract   price   when,    p.   50, 

§  1183. 
Structures  upon  which   may  be   filed,  p.   50,  §  1183. 
Time  of  continuance  of  lien,  generally,  p.  54,  §  1190. 
Time  of  continuance  of  lien  where  credit  given,  p.   54,  §  1190. 
Who   entitled  to,   p.   50,  §  1183. 

MEDICINE.      See  University  of  California. 

Act   of    1913,   regulating   admission    to    practice    and   the    practice   of  medicine, 

p.  1460,  Act  2164. 
Optometry.      See   Optometry. 


INDEX.  2485 

MEDICINE    (Continued). 

Privileged    communications    between    physician    or    surgeon    and    patient,    p.    96, 

§  1881. 
Privileged   communication  between   physician   or   surgeon   and  patient,   who   may 

waive  in  action  for  death,  p.  96,  §  1881. 
Repeal  of   act  of    1907   regulating   practice   of   medicine   and   surgery,   p.   1469, 

Act  2163. 

MENDOCINO   COUNTY. 

Assessor,   salary  of,   p.   727,  §  4253,   subd.   7. 

Auditor,  salary  of,  p.  726,  §  4253,  subd.  4. 

Classificalion  of,  p.   568,  §  4006. 

Constables,  population  of  counties,  how  ascertained,  for  purpose  of  fixing  sal- 
aries, p.   728,  §  4253,  subd.   15. 

Constables,    salaries,   allowances,  fees  and  expenses  of,  p.   728,  §  4253,   subd.   15. 

Constables,  temporary  guard,  employment  and  compensation  of,  p.  728,  §  4253, 
subd.   15. 

Coroner,  fees  of,  p.  727,  §  4253,  subd.  9. 

County  clerk,   salary  and  allowances,  p.   726,  §  4253,   subd.   1. 

District  attorney,  salary  and  expenses,  p.   727,  §  4253,  subd.  8. 

Fish  and  game  warden,  salary  and  expenses  of  and  how  paid,  p.  594,  §  4149d. 

Jurors,   grand,  fees  and  mileage  of,  p.  728,  §  4253,  subd.   16. 

Jurors  in  civil  cases,  fees,  how  paid,  p.   728,  §  4253,   subd.   16. 

Jurors,  trial,   fees  and  mileage  of,   p.   728,  §  4253,   subd.   16. 

Justices,  salaries  and  fees  of,  p.  727,  §  4253,  subd.  13. 

Population  of,   p.   565,  §  4005c. 

Public  administrator,   fees  of,  p.  727,  §  4253,   subd.   10. 

Recorder,   salary  of,  p.   726,  §  4253,   subd.   3. 

Registrar  of  voters,  salary,  fees,  allowances,  deputies  and  assistants,  pp.  597, 
601,  §  4149e. 

Sheriff,  prisoners,  expenses  of  keeping  and  transporting,  p.  726,  §  4253,  subd.  2. 

Sheriff,  salary,  mileage,  allowances  and  expenses  of,  p.  726,  §  4253,  subd.  2. 

Squirrels,  tree,  provisions  of  game  laws  as  to,  do  not  apply  to,  p.  212,  §  626g. 

Superintendent  of  schools,   salary  and  expenses  of,  p.  727,  §  4253,  subd.  11. 

Supervisors,  compensation  for  services  as  road  commissioner,  p.  727,  §  4253, 
subd.  14. 

Supervisors,  salary  and  mileage,  p.  727,  §  4253,  subd.  14. 

Surveyor,    fees  of,    p.    727,  §  4253,   subd.    12. 

Taking  of  fish  by  weirs,  dams,  nets,   traps  or  seines  in,  p.   1189,   Act   1339. 

Tax  collector  and  license  collector,  salary  of,  p.   726,  §  4253,  subd.  6. 

Treasurer,   salary  of,  p.  726,  §  4253,  subd.  5. 

MERCED   COUNTY. 

Assessor,  deputies,  number,  appointment,  duties  ind  salaries,  p.  701,  §  4262, 
subd.  7. 

Assessor,  salary  and  fees  of,  p.  761,  §  4262,  subd.  7. 

Auditor,  deputy,  appointment  and  salary,   p.  760,  §  4262,  subd.  4. 

Auditor,  salary  of,  p.  760,  §  4262,  subd.  4. 

Classification  of,  p.   568,  §  4006. 

Constables,  classification  of  townships  and  ascertaining  of  population  for  pur- 
pose of   fixing  salaries  of,   p.   762,  §  4262,   subd.   I't. 

Constables,  salaries,  fees  and  expenses  of,  p.   762,  §  4262,  subd.   14. 

Coroner,  fees  of,  p.  761,  §  4262.  subd.  9. 


2486  INDEX. 

MERCED   COUNTY  (Continued). 

County  clerk,  deputies,  appointment  and  salaries,  p.  760,  §  4262,  subd.  1, 

County  clerk,   salary  and  allowance  of,  p.   760,  §  4262,   subd.   1. 

District   attorney,    salary  of,  p.   761,  §  4262,   subd.   8. 

District  attorney,  stenographer,  appointment  and  salary,  p.  761,  §  4262,  subd.  8. 

Fish   and  game  warden,   salary  and  expenses  of  and  how  paid,   p.   594,  §  4149d. 

Jurors,   grand,   fees  and  mileage,   p.   763,  §  4262,   subd.   18. 

Jurors,    trial,  fees  and  mileage,  p.  763,  §  4262,   subd.  18. 

Justices,   classification  of  townships  and  ascertaining  of  population   for  purpose 

of  fixing  salaries,  p.  762,  §  4262,  subd.  13. 
Justices,  salaries  and  fees,  p.  762,  §  4262,  subd.  13. 
Official  reporter  of  superior  court,  fees  of,  p.  763,  §  4262,  subd.  16. 
Population  of,  p.   566,  §  4005c. 

Public  administrator,  fees  of,  p.  762,  §  4262,  subd.   10. 
Purchasing  agent,  creation  of  office  of,  p.  763,  §  4262,  subd.  17. 
Purchasing  agent,  salary  and  expenses  of,  p.  763,  §  4262,  subd.   17. 
Recorder,    copyists,   appointment   and   salaries,  p.   760,  §  4262,   subd.   3. 
Becorder,    salary  of,  p.   760,  §  4262,   subd.   3. 
Registrar  of  voters,   salary,   fees,   allowances,   deputies   and  assistants,  pp.   598, 

601,  §  4149e. 
Sheriff,    deputy,    appointment  and   salary,  p.   760,  §  4262,   subd.   2. 
Sheriff,    salary  and  expenses  of,   p.   760,  §  4262,   subd.   2. 
Superintendent'    of    schools,    deputy,    appointment    and    salary,    p.    762,  §  4262, 

subd.  11. 
Superintendent  of  schools,  salary  and  expenses  of,  p.  762,  §  4262,  subd.  11. 
Supervisors,    classification    of   townships   by,   p.    762,  §  4262.    subd.    13. 
Supervisors,   mileage  as  road  commissioners,  p.   763,  §  4262,   subd.   15. 
Supervisors,    salaries  and  mileage,  p.  763,  §  4262,  subd.  15. 
Surveyor,   fees  of,  p.  762,  §  4262,   subd.   12. 
Surveyor,    revising    plats    for    assessor    and    compensation    for,    p.    762,  §  4262, 

subd.   12. 
Tax   collector,   deputies,   appointment  and  salaries  of,  p.   761,  §  4262,   subd.   6. 
Tax   collector,    salary  of,  p.  761,  §  4262,  subd.  6. 
Treasurer,  salary  of,  p.  761,  §  4262,  subd.  5. 

MILITARY.      See  Military  Companies;  National  Guard;   Soldiers  and  Sailors. 

MILITARY  COMPANIES. 

Governor  authorized  to  issue  licenses  to  men  to  organize  as,  p,   1484,  Act  2203. 
High    school    cadet    companies,    appropriation    for    defraying    expenses    of   during 

65th  and  66th  fiscal  years,  p.  1927,  Act  3586b. 
High  school  cadet  companies,  appropriation  for,  p.  1925,  Act  3586a. 
High    school    cadet    companies,    officers,     commissions,     drills,     inspection,     etc., 

p.   1925,  §  3586a. 
High   school  cadet   companies,   organization,   control  and  equipment  of,   p.   1925, 

Act   3586a. 
High  school   cadet   companies,   rifle  practice,   promotion   of,   p.   1925,   Act   3586a. 

MILITARY-ROLL. 

Assessor,  failure  to  do  duty,  penalty,  p.  456,  §  1898. 
Certified  copy  of,  delivery  to  adjutant  general,  p.  456,  §  1900. 
Compensation  for  making,  p.  456,  §  1901. 

Failure   of   head   of   educatioral    institution   to   report   pupils   subject   to   military 
duty  a  misdemeanor,  p.  456,  §  1898. 


INDEX.  2487 

IfQLITARY-ROLL  (Continued). 

Powers  and  duties  of  assessor  in  relation  to,  p.  455,  §  1897. 

Report  of  pupils  subject  to  military  duty  by  heads  of  educational  institutions, 

p.  455,  §  1897. 
State,  what  constitutes,  p.  456,  §  1902. 

MILITIA.      See  National  Guard. 

MILK.      See  Adulteration;  Dairies. 

MILLS.      See   Manufactures. 

MINERALS.      See  Mines  and  Mining. 

MINES  AND  MINING. 

Agent  of  owner,  who  is  under  law  providing  for  meohanic's  lien,   p.  50.  §  1183. 
Continuance  of  action  involving,  to  do  development  work,   p.  27,  §  595. 
Extraction  of  minerals  from  waters,  regulation  of,   p.  1491,  Acts  2231,   2232. 
Hours  of  labor  in  underground  mines,  p.  1490,   Acts  2230,  2230a. 
Lands    covered    with    water    and    containing    minerals,    withdrawal    from    sale, 

p.  1491,  Act  2232. 
Lands  uncovered  by  recession  of  lakes  containing  minerals  to  be  leased,  p.  540, 

§  3493m. 
Leasing  of  right  to  take  minerals  from  waters,   p.   1491,   Acts  2231,   2232. 
Persons  performing  labor  or  furnishing  materials   have  lien,  p.   50.  §  1183. 
Sale   of   or   option   for  by  guardian  of  infant.      See  Guardian  and  Ward. 
Sale  of  or  option  for  mining  property  by  executor.      See  Estates  of  Decedents. 
Sale  of  or  option  for  mining  property  by  guardian  of  insane  person.      See  Insane 

Persons. 
Sale  of  or  option  for  mining  property  by  guardian  of  infant.      See  Guardian  and 

Ward. 
Smelters.      See  Smelters. 
State  Mining  Bureau.      See  State  Mining  Bureau. 

MINING  BUREAU.      See  State  Mining  Bureau. 

MINISTER. 

Privileged    communication    between    minister    and    parishioner,    p.    97,  §  1881, 
subd.  4. 

MINORS.      See  Infants. 

anSDEMEANOR. 

Adiilt<r;it(>d,  misbranded  or  mislabeled  food,  violation  of  statute,  p.  824,  Act  29. 

Adulteration  of  insecticides  or  fungicides,  p.  828,  Act  48. 

Adulteration,  violation  of  statute  against,   p.  824,  Act  29. 

Adultery,  living  in  slate  of,  p.  190,  §  2f;9a. 

Advertisements  or  sigiis,  placing  on  public  or  private  property  without  consent, 

p.  834,  Act  52. 
Animals,  use  of  as  blind  in  approaching  certain  water  fowl,  p.  213,  §  r)26n. 
Assault,  p.  195,  §  241. 

Automobile,  driving  while  intoxicated,  p.  201,  S  367d. 

Automobiles,   failure  of  driver  to  assist   in  case  of  collisions,   p.   201,  §  307c. 
Automobile,  intoxicated  driver  injuring  person,  p.  201,  §  367e. 


2488  INDEX. 

MISDEMEANOR   (Continued). 

Bank   act,   violating  provisions   of.      See  Banks  and  Banking. 

Batliers,  failure  of  keeper  of  watering  resort  to  provide  for  safety  of,  p.  2344, 

Act   4369a. 
Betting  upon  contests  of  skill,  speed  or  endurance,  p.  200,  §  337a. 
Bockmaking,  p.  200,  §  337a. 

Bottles,  boxes,  kegs,   etc.,  refilling,  p.  2227,  Act  4122. 
Bridges,  driving  or  riding  over  faster  than  a  walk,  p.  209,  §  590b. 
Buildings    over    three    stories,    failure    to    provide    temporary    flooring,    p.    1410, 

Act   2141. 
Capitol,  violation  of  rules  and  regulations  governing,  p.  835,  §  717. 
Cattle,    neat,    affected  with  tuberculosis,   importation  of,  p.  852,  Act  196. 
Cattle,  neat,  importation  of  without  certificate,  p.  852,  Act   196. 
Cemetery  corporations,  borrowing  funds  of  in  violation  of  statute,  p.  209,  §  573. 
Certified  butter,  violation  of  law  regulating,  p.  985,  Act  472. 
Cold   storage  eggs  and  butter,   violation   of  statute  regulating  sale  of,  pp.   1043, 

1044,  Acts  625,  626. 
Dairy  products,  violation  of  law  regulating  producing,  selling  and  buying,  p.  9So, 

Act  473. 
Dice  having  more  than   six  faces,  use  of,  punishment  of,  p.   199,  §  330a. 
Eight-hour  law  for  women,  failure  to  obey,  p.  1280,  Act  1537. 
Election   officer  acting  as  without   qualifications,   p.   357,  §  1142. 
Election   officer,    assignment   of   compensation   by   or   receiving   assignment    from, 

p.   340,  §  1072a. 
Election   officer  failing  to  comply  with  statute,  p.   347,  §  1095a. 
Election   officer,   failure  to  do  duty,  p.   346,  §  1095. 
Election   officer,   refusal  to  act  as,  p.  357,  §  1142. 
Elections,    failure   of   landlord    or   lodging-house    keeper   to    give    list    of   lodgers, 

p.   344,  §  1094. 
Electric   poles,   wires,   cables   and  appliances,   violation   of   provisions   governing, 

p.   1136,   Act    1024. 
Electric  wires,  etc.,  violation  of  act  regulating  subways,  manholes,  etc.,  p.  1141, 

Act  1025. 
Exit    and    stairway    signs,    failure    of    hotel    or    lodging-house    keeper    to    post, 

p.   1250,   Act  1529. 
Explosives,   violation   of  provision   regulating   transportation,    storing   or   selling, 

p.   1153,   Act   1092. 
False  statements  as  to  financial  condition,  p.  207,  §  532a. 
Farm  or  villa  names,  illegal  registration  of,  p.  1597,  Act  2390a. 
Female  employees,  failure  of  employer  to  comply  with  act  relating  to,  p.   1200 

Act   1537. 
Fires,    refusing  assistance  in  combating,  p.  204,  §  384. 
Fires,    violation  of  provision  for  prevention  of  fires,  p.  204,  §  384. 
Food,   destruction  of,  p.  1170,  Act  1205. 

Foods  or  liquors,  adulteration  or  mislabeling  of,  p.  824,  Act  29. 
Gambling  machines,  use  of,  p.   199,  §  330a. 

Gambling,   owner  permitting  property  to  be  used  for,  p.   199,  §  337a. 
Game  laws,   violation   of.      See   Game  Laws. 
Game    laws,    violation    of,    pp.    210-229,  §§  626,    626a,    626c.    626d,    626f,    626g, 

626j,  626k,  626m,  626n,  626p,  626q,  628,  628a,   628b,  628f,  628g,  630,  630a. 

630b,  631d,  632,  6321^,  632  (4),  634.  634%,  635%,  636,  636%,  636b. 
Garbage,   deposit  of  in  navigable  waters,  p.  203,  §  374a. 


INDEX.  2489 

MISDEMEANOE  (Continued). 

Garbage,    violation  of  law  regulating  deposit  of  in  Pacific  Ocean,  p.  203,  §  374a. 

Gas,  natural,  waste  of,  p.  1199,  Act  1345. 

Grand   juror,  prejudiced,  failure  to  retire,  p.  235,  §  907. 

Grand   jury,   foreman   failing   to  make  statement  to  jury  and  request  prejudiced 

juror  to  retire,  p.  235,  §  907. 
Hatch-tender,   failure  to  employ  in  loading  and  unloading  ships,   p.   202,  §  368a. 
Health,  public,  violation  of  law  for  preservation  of,  p.  1718,  Act  2830,  §  21. 
Highways,  glass,  tacks,  etc.,  throwing  upon,  p.  209,  §  588a. 
Hog  cholera,  sale  or  misuse  of  serums  to  prevent,  p.  851,  Act  195,  §  5. 
Horses,  mules  or  asses,  affected  with  glanders,  importation  of,  p.  852,  Act   196. 
Horses,  mules  or  asses,  importation  of  without  certificate,  p.  852,  Act  196. 
Humane   officer,    acting  as  without  authority,  p.  140,  §  607f. 
Humane   officer,    issuing  false  certificate  as  to,  p.  140,  §  607f. 
Humane   officer,   resisting,  p.   140,  §  607f. 
Infants  under  eighteen,  permitting  them  to  work  between  certain  hours  at  night, 

p.  1280,  Act  1623. 
Infants,  violation  of  law  regulating  employment  of,  p.  1273,  Act  1611. 
Insecticides  or  fungicides,  violation  of  law  regulating  sale,  etc.,  p.  827,  Act  48. 
Interest,   illegal,  charging  by  personal  property  brokers,  p.   1655,   Act  2637. 
Intoxicating  liquors,  sale  of  between  2   and  5  o'clock  A.  M.,  p.  205,  §  397c. 
Intoxicating    liquors,    selling    or    giving    away    near    certain    public    institutions, 

p.  193,  §  172. 
Intoxicating  liquors,  violation  of  local  option  law,  p.  1301,  Act  1696. 
Investment   company,   noncompliance  with   statute   by,   p.   323,  §  635j. 
Labor  employed  in  producing  goods,  misrepresentation  of,   p.  201,  §  349a. 
Landlord  giving  wrong  list   to   election   commissioners,   p.    344,  §  1094. 
Landlord  or  lodging-house  keeper,  refusal  to  furnish  list  or  furnishing  false  list 

of  lodgers  on  petition  of  election  officers,  p.  344,  §  1094. 
Landlord  refusing  or  neglecting  to   comply  with  election   law,   p.   344,  §  1094. 
Loans  by  title  insurance  companies  in  violation  of  statute,  p.  127,  |  453z. 
Local  option  law,   violation  of,   p.   1301,   Act   1696. 
Lottery,  giving  of  lot  with  a  ticket,  p.  208,  §  532a. 
Master,    issuance  of  evidence  of  indebtedness  by,  p.  1413,  Act  2142. 
Master,    violation  of  law  as  to  time  for  payment  of  wages,  p.   1413,   Act  2143. 
Military  duty,  failure  of  head  of  educational  institution  to  report  pupils  subject 

to,  p.  456,  §  1898. 
■Misbranding  insecticides  or  fungicides,  p.   827,  Act  48. 
Motorcycle,  driving  while  intoxicated,  p.  203,  §  367d. 

Motorcycle,  failure  of  driver  to  assist  in  case  of  collision,  p.  201,  §  367c. 
Motorcycle,   intoxicated  driver  injuring  person,  p.  202,  §  367e. 
Napa  river,  fishing  by  nets,  seines  or  weirs  in,  p.  1199,  Act  1340j. 
Officer  failing  to  obey  rules  of  board  of  accounting,  p.  334,  §  690. 
Officers  obstructing  officers  of  department  of  accounting,  p.  334,  §  690. 
Opium  pipes,  possession  of,  p.  894,  Act   1666,  §  8n. 

Physician,  failure  of  to  report  occupational  diseases,   p.  1706,   Act   2827. 
Pool-selling,   p.  200,  §  337a. 

Pool-selling,    liability  of  owner  of  premises  where  carried  on,  p.  200,  §  337a. 
Prisoners,  exposure  of  or  attempt  to  e.vlort  from,  p.  230,  §  C50a. 
Prosecution  of  what  need  not  be  by   indictment  or  informulion,   p.  232.  §  082. 
Prisoners,  paroled,  exposure  of  or  attempt  to  extort  from,  p.  230,  §  650a. 
Public  utility,  offenses  by  officers  or  agents  of,  p.  1787,  Act  2886,  §  77. 


2490  INDEX. 

MISDEMEANOR   (Continued). 

Kailroad,    violation   of   full   crew  act  by,  p.  1817,  Act  2935. 

Railroad,   violation  of  law  regulating  hours  of  labor  of  employees,  p.   1819,   Act 

2936. 
Serums  or  vaccines,  for  hog  cholera,  misuse  of,  p.  851,  Act  195. 
Slot  machines,  having  in  one's  possession  or  under  one's  control,  p.  199,  §  330a. 
Stallions  or  jacks,  violating  law  regulating  public  service  of,  p.  1956,  Act  3750. 
State  school  text-books,  refusal  to  use,  p.  389,  §  1519,  subd.  9. 
Supervisors,  failure  to  publish  proceedings,  p.  584,  §  4049. 
Tenement  house  law,  violations  of  provisions  of,  p.  2195,  Act  4098. 
Tobacco,   etc.,  selling  to  minor  under  eighteen,  p.  198,  §  308. 
Tobacco,   failure  to  post  act  forbidding  sale  of  to  minors  under  eighteen,  p.  198, 

§  308. 
Vagrancy,  p.  230,  §  647. 

Wages  of  employees,  failure  to  pay  on  time,  p.  1413,  Act  2143. 
Weights  and  measures,  violation  of  provisions  of  act  relating  to,  p.  2344,   Act 

4384a. 

MISREPRESENTATIONS.      See  False  Representations. 

Labor   employed   in   producing   goods,   misrepresentations   as    to    a   misdemeanor, 
p.  201,  §  349a. 

MODESTO. 

Charter  of,  p.  1495,  Act  2255. 

MODESTO  IRRIGATION  DISTRICT. 

Organization  of  validated,  p.  1318,   Act  1714. 

MODOC   COUNTY. 

Assessor,  deputy,   appointment  and  salary,  p.  802,  §  4278,  subd.  7. 

Assessor,    salary  of,  p.  802,  |  4278,  subd.  7. 

Auditor,  salary  of,  p.  802,  §  4278,   subd.  4. 

Classification  of,  p.   569,  §  4006. 

Constables,   fees  of,  p.  804,  §  4278,  subd.  14. 

Coroner,  fees  of,  p.   802,  §  4278,  subd.  9. 

County   clerk,    copyist,   appointment  and  salary,  p.  802,  §  4278,   subd.   1. 

County   clerk,    salary  and  allowance  of,  p.  802,  §  4278,  subd.   1. 

District  attorney,  salary  of,  p.  802,  §  4278,  subd.  8. 

Fish  and  game  warden,  salary  and   e.xpenses  and  how  paid,  p.   594,  §  4149d. 

Juror,   grand,   fees  and  mileage,  p.   804,  §  4278,  subd.   17. 

Juror,    trial,  fees  and  mileage,  p.  804,  §  4278,   subd.  17. 

Justices,    codes,  stationery,  blanks  and  forms  to  be  furnished  to,  p.  803,  §  4279, 

subd.  13. 
Justices,   salaries  of,  p.   803,  §  4279,   subd.    13. 

Official  reporter,   allowances,   fees   and  expenses,   p.   804,  §  4278,    subd.   16. 
Population  of,  p.  566,  §  4005c. 

Public  administrator,  fees  of,  p.  802,  §  4278,  subd.  10. 
Recorder,    copyist,  appointment  and  salary,  p.  802,  §  4278,   subd.  3. 
Recorder,   salary  of,  p.   802,  §  4278,   subd.   3. 
Registrar  of   voters,    salary   fees,    allowances,    deputies   and   assistants,   pp.    600, 

601,  §  4149e. 
Sheriff,   salary  of,  p.  802,  §  4278,  subd.  2. 
Superintendent  of  schools,   salary  and  expenses   of,   p.   802,  §  4278,   subd.   11. 


INDEX. 


2491 


MODOC  COUNTY  (Continued). 

Supervisors,   compensation  of,  p.   804,  §  4278.  subd.   15. 

Surveyor,  fees  of,  p.  802,  §  4278,   subd.   12. 

Tax    collector,    assistant,    appointment    and    compensation     of,    p.     803,  §  4278, 

subd.  6. 
Tax    collector,    salary   of    and    percentage    on   licenses    collected,    p.    803,  §  4278, 

subd.  6. 
Treasurer,   salary  of,  p.   802,  §  4278,   subd.   5. 

MOKELUMNB   KIVER. 

Fine  for  violation  of  statute  regulating  fishing  in,  disposition  of,  p.  229,  §  636b. 
Fishing  by  weir,  dam,  net,  trap  or  seine  in,  punishment  of,  p.  229,  §  636b, 
Fishing  in.      See  Game  Laws. 

MONO   COUNTY. 

Assessor,   salary  of,  p.  813,  §  4286,   subd.  7, 

Auditor,  salary  of,  p.  813,  §  4286,  subd.  4. 

Classification  of,  p.  570,  §  4006. 

Constables,  fees  of,  p.  814,  §  4286,  subd.  14. 

Coroner,   fees  of,  p.  814,  §  4286,   subd.  9. 

County  clerk,  salary  of,  p.  813,  §  4286,  subd.  1. 

District  attorney,  salary  of,  p.  813,  §  4286,   subd.  8. 

Fish  and  game  warden,   salary  and  expenses  and  how  paid,  p.   594,  §  4149d. 

Jurors,   grand,  fees  and  mileage  of,  p.  814,  §  4286,  subd.  17. 

Jurors,   trial,   fees  and  mileage  of,  p.  814,  §  4286,   subd.  17. 

Justices,  fees  of,  p.  814,  §  4286,  subd.  13. 

Official  reporter,  allowances  and  fees  of,  p.  814,  §  4286,   subd.  16. 

Population  of,  p.  566,  §  4005c. 

Public  administrator,   fees  of,  p.   814,  §  4286,   subd.   10. 

Recorder,    copyist,  appointment  and  salary  of,  p.  813,  §  4286,  subd.  3. 

Recorder,    salary  of,  p.  813,  §  4286,  subd.  3. 

Registrar   of   voters,    salary,   fees,    allowances,    deputies    and    assistants,    p.    601, 

§  4149e. 
Sheriflf,  salary  of,  p.  813,  §  4286,  subd.  2. 

Superintendent  of  schools,   salary  of,  p.  814,  §  4286,  subd.   11. 
Supervisors,   compensation   and  mileage  of,  p.  814,  §  4286.   subd.   15. 
Supervisors,   compensation  as  road  overseer,  p.  814,  §  428G,  subd.  15. 
Surveyor,   fees  of,  p.   814,  §  4286,   subd.   12. 
Tax  collector,   salary  of,  p.  813,  §  4286,   subd.  6. 
Treasurer,  salary  of,  p.  813,  §  4286,  subd.  5. 

MONTEREY   BAY. 

Breakwater   in,    appropriation   for,  p.   1495,   Act  2317. 

Breakwater  in,   provision  for,  p.   1495,  Act  2317. 

Fishing  in  by  weirs,   dams,  nets,   traps  or  seines,   prevention   of,   p.    1194,   Act 

1340g. 
Paranzella   nets,   use   of   in   for  fishing  forbidden,  p.   229,  §  636  i/i. 
Paranzella  nets,   use   of  in   fishing  in,   punishment  of,   p.  229,  §  636%. 
Preserve  for  shell-fish   and  invertebrate   animals  in,   p.   1191,   Act   1340d. 

MONTEREY  CITY. 

Charter  of,  p.  1495,  Act  2301. 


2492  INDEX. 

MONTEREY    COUNTY. 

Assessor,   deputy,   appointment   and   salary  of,   p.   723,  §  4252,   subd.   7. 

Assessor,    salary  and  fees  of,  p.  723,  §  4252,   subd.   7. 

Auditor,    appointment  and  salary,  p.   723,  §  4252,   subd.  4. 

Auditor,    salary  of,  p.  723,  §  4252,  subd.  4. 

Classification  of,  p.   568,  §  4006. 

Constables,  population  of  townships,  how  ascertained  for  purpose  of  fixing  sal- 
aries, p.  725,  §  4252,  subd.  16. 

Constables,   salaries,  expenses,  mileage  and  fees  of,  p.  725,  §  4252,   subd.  14. 

Coroner,  fees  of,  p.  724,  §  4252,  subd.  9. 

County   clerk,    extra  compensation  as  registrar,  p.  722,  §  4252,  subd.  1. 

County   clerk,   deputy,   appointment  and  salary,  p.  722,  §  4252,  subd.   1. 

County   clerk,    salary  of,  p.   722,  §  4252,   subd.   1. 

District   attorney,   deputies,    appointment   and   salaries,   p.    724,  §  4252,    subd.    8. 

District   attorney,    salary  of,  p.   724,  §  4252,   subd.   8. 

Fish  and  game  warden,  salary  and  expenses  of  and  how  paid,  p.  594,  §  4149d. 

Justices,    fines  to  be  paid  to   treasurer,  monthly,  p.   724,  §  4252,   subd.   13. 

Justices,   salaries  and  fees  of,  p.  724,  §  4252,   subd.  13. 

Justices,  population  of  counties,  how  ascertained  for  purpose  of  fixing  salaries, 
p.  725,  §  4252,  subd.  16. 

Population  of,  p.  565,  §  4005c. 

Public  administrator,   fees  of,   p.  724,  §  4252,   subd.  10. 

Kecorder,    salary  of,  p.   723,  §  4252,   subd.   3. 

Recorder,   deputy,   appointment  and   salary  of,  p.  723,  §  4252,   subd.   3. 

Registrar  of  voters,  salary,  fees,  allowances,  deputies  and  assistants,  pp.  597, 
601,  §  4149e. 

Sheriff,   deputies,  appointment  and  salaries  of,  p.  723,  §  4252,  subd.  2. 

Sheriff,    fees,   commissions,  mileage  and  salary  of,  p.   723,  §  4252,   subd.  2. 

Superintendent  of  schools,  deputy,  appointment  and  salary,  p.  724,  §  4252, 
subd.  11. 

Superintendent  of  schools,  salary  and  expenses  of,  p.  724,  §  4252,   subd.   11. 

Supervisors,  compensation  of,  p.   725,  §  4252,   subd.  15. 

Supervisors,   mileage  for  services  as  road  commissioner,  p.  725.  §  4252,  subd.  15. 

Surveyor,  salary,  e.xpenses,  and  allowance  of,  p.  724.  §  4252,  subd.   12. 

Tax   collector,   deputy,   appointment  and  salary,  p.   723,  §  4252,   subd.   6. 

Tax   collector,  salary,  p.  723,  §  4252,  subd.  6, 

Treasurer,   salary  of,  p.   723,  §  4252,   subd.   5. 

MORPHINE.      See  Drugs. 

MORTGAGE  INSURANCE. 

Provisions  as  to,  p.  308,  §  594,  subd.  15;  p.  309,  §  594,  subd.  16. 

MORTGAGE  INSURANCE   CORPORATIONS. 

Capital  stock  required  before   issuing  policy,  p.   129,  §  453cc. 

Certificate   of   insurance    commissioner   required   before    doing   business,   p.    130, 

§  453fl. 
Certificate  of  insurance  commissioner,  what  to  state,  p.  130,  §  453ff. 
Certificate    of    insurance    commissioner,    where    company    doing    business    before 

passage  of  statute,  p.   130,  §  453ff. 
Certificate  representing  an  entire  interest  designated  as  a   "mortgage  guaranty" 

or  an   "entire  mortgage  guaranty,"  p.   128,  §  453bb. 


INDEX.  2493 

MORTGAGE  INSURANCE   CORPORATIONS  (Continued). 

Certificate  representing  a  partial  or  undivided  interest  designated  as  a  "mort- 
gage  participation   interest,"   p.    128,  §  453bb. 

First  lien  securities  only  to  be  guaranteed  by,  p.   129,  §  453dd. 

Insurance   commissioner,   may  examine  into  affairs  of,  p.   128,  §  453aa. 

Insurance   commissioner,   power  and  authority  over,   p.   128,  §  453aa. 

Investment,  funds  of.  how  may  be  invested,  p.   130,  §  453gg. 

Investment  in  guaranties  and  certificates,  premium  may  be  paid  out  of  income, 
p.   129,  §  453ee. 

Investment  of  trust  or  other  funds  in  guaranties  or  certificates,  conditions 
accompanying,   p.   129,  §  4.53ee. 

Investment  in  guaranties  or  certificates,  copy  of  appraisement  and  certificate  of 
directors   to   accompany,   p.    129,  §  453ee. 

Investment  in  mortgage  participation  certificates,  deposit  of  mortgages  or  deeds 
with  trust  company  and  duty  of  trust  company,  p.  129,  §  453ee. 

Investments,  mortgages  or  deeds  of  trust  guaranteed  by  are  legal  investments 
of  trust  and  other  funds,  p.  129,  §  453ee. 

Investments,  trust  and  other  funds  may  be  invested  in  guaranties  and  certifi- 
cates of,   p.   129,  §  453ee. 

Limit'  on  amount  of  policies  issued  by,  p.   129,  §  453dd. 

Loans  not  to  be  made  to  officers  or  directors,  p.   129,  §  453dd. 

Policies   issued   by,   liability  of  directors  on,  p.   129,  §  453dd. 

Policies  issued  by  not  deemed  to  be  debts  created  by  directors  in  violation  of 
code,  p.   129,  §  453dd. 

Policy  of  mortgage  insurance  defined,  p.   128,  §  453bb. 

Report  to  insurance  commissioner,  appraisement  accompanying,  p.  131,  §  453hh. 

Report   to   insurance   commissioner,   failure  to   file,  penalty,   p.   131,  §  453hh. 

Report   to   insurance   commissioner  to  be  made  quarterly,  p.   131.  §  453hh. 

Report   to   insurance    commissioner,   verification  of,  p.   131,  §  453hh. 

Report   to   insurance   commissioner  what    to    show,    p.    131,  §  4.53hh. 

Sixty  per  cent  of  market  value  of  real  estate  limit  of  amount  of  guaranty  by, 
p.   129,  §  453dd. 

Violation  of  code  does  not  avoid  policies  or  guaranties,  p.  129,  §  453dd. 

Violation  of  code,  officers,  agent  or  employees  guilty  of  misdemeanor,  p.  129, 
§  4.53dd. 

What   agreements  regarded  as  policies  of  mortgage  insurance,  p.   128,  §  453bb. 

MORTGAGES. 

Mortgage  insurance.      See  Mortgage  Insurance. 

Mortgage   insurance   corporations.      See   Mortgage   Insurance   Corporations. 

Property   of   decedent.      See  Estates  of  Decedents. 

Property   of   infant.      See  Guardian  and  Ward. 

Property   of   insane  person.      See  Insane   Persons. 

Satisfaction  of  by  foreign  executor,  administrator  or  guardian,  manner  of,  p.  181, 

§  2939%. 
Satisfaction  of,  foreign  executor,  administrator  or  guardian  may  satisfy,  p.  181, 

§2939Vz. 
Violation  of  rode  provisions  by  officer,  employee  or  agent  of  mortgage  insurance 

corporation,  p.  129,  §  453dd. 

MOTORCYCLES. 

Collision,   duty  of  driver  in  case  of,  p.  201,  S  367c. 

Collision,   failure  of  driver  to  assist  in  case  of,  punishment,  p.  202,  §  367c. 


2494  INDEX. 

MOTORCYCLES    (Continued). 

Driving  while  intoxicated,  punishment  of,  p.  202,  §  367d. 
Intoxicated  driver  injuring  person,  punishment  of,  p.  202,  §  367e. 

MOTOR  VEHICLES.      See  Automobiles;  Motorcycles. 

Regulation  of  use  and  operation  of,  p.  1496,  Act  2331a. 

MULES.      See  Animals. 

MUNICIPAL   CORPORATIONS. 

Acceptance   of  gifts    and   levy   of   taxes   for   monuments   to   California   pioneers, 

p.   1201,  Act  1356a. 
Acquiring   site   and   donating   to    state   for   erection  of  public   building,   p.    1705, 

Act  2822c. 
Action  by  to  condemn  land  for  sewerage,   supervisors  may  be  plainfiflf,   p.   66, 

§  1244. 
Advertisements,    putting   on    property    of    city    without    consent,    prevention    of, 

p.  834,  Act  52. 
Advertising  purposes,  tax  for  by  cities,  p.  1563,  Act  2389a. 
Alleys,  cities  authorized  to  grant  permits  for  passages  under  or  structures  over, 

p.   1579,   Act  2389f. 
Annexation   act  of  1913,  p.   1537,   Act  2374a. 

Annexation   of   new   territory  to,   proceedings,   p.   1533,   Act   2374. 
Annexation   of   territory  to,  validation  of  proceedings  for,  p.  1529,  Act  2358b. 
Annexed   territory,    districting,    government    and   municipal    control   of,   p.    1533, 

Act  2374. 
Annexed  territory,  incorporation  in  as  part  of  city,  p.  1533,   Act  2374. 
Appropriation  of  water  by.      See  Waters. 
Authorized  to  construct,  maintain  and  operate  pipes,  lines,   etc.,  along  or  across 

highways,  railroads,  etc.,  p.  1564,  Act  2389b. 
Autborized  to   grant  franchises  to  lay  steam-heating  pipes  in   streets,  p.   1565, 

Act  2389c. 
Authorized    to    levy   tax    for    park,    music    and    advertising    purposes,    p.    1563, 

Act  2389a. 
Authorized  to  make  allowance   to   society  for  prevention  of  cruelty  to   children 

and  animals,  p.  139,  §  607e. 
Authorized    to   permit   other   cities   to   construct   sewers,    water-mains    and    other 

conduits  in,  p.  1560,  Act  2389. 
Bonded   indebtedness   existing  on    separation   of   state   and   county   taxes,   appro- 
priation to  pay,  p.  2186,  Act  4067a. 
Bonds.      See  Bonds. 
Boundaries   of    and    annexation    of    territory,    act    of    1913    relating    to,    p.    1537, 

Act  2374a. 
Boundaries  of,  alteration  of  and  annexation  of  territory,   amendments  of  act  of 

1889    relating  to,  p.  1533,  Act  2374. 
Boundaries   of,    alteration    of    and   exclusion    of   uninhabited    territory,    p.    1545, 

Act  2379a. 
Cities  authorized  to  grant  permits  for  passages  under^  or  structures  over  alleys, 

p.  1579,  Act  2389f. 
Classification   of   according  to  population,   p.   1517,  Act  2347. 
Classification   of,   census,  how  far  governs,   p.   1517,   Act  2347. 
Compilation  and  publications  of  reports  of  financial  transactions  of,  p.  1054. 

Act  804. 


INDEX.  2495 

MUNICIPAL   CORPORATIONS   (Continued). 

Consolidation   of,    act  of  1913  relating  to,  p.  1549,  Act  2383a. 

Consolidation   of,    amendment  of  act  of  1909    relating  to,  p.  1548,  Act  2383. 

Consolidation   of   offices  of  city  organized  under  charter,  p.  2148,  Act  4043. 

County  officers  performing  municipal  duties,  apportionment  of  compensation  and 
expenses,   p.   815,  §  4290. 

Elections  in  cities,  how  conducted,  p.  939,  §  1044.      See  Elections. 

Exempt  from  provision  of  act  relating  to  waters,  p.  2266,  Act  4340. 

Fifth  class,  declaring  weeds  on  streets  a  nuisance  and  abatement  of,  p.  1578, 
Act  2347a. 

Fifth  class  under  municipal  corporation  bill,  election  for  adoption  of  commission 
form  of  government,  p.  1520,  Act  2348,  §  752a. 

Fifth  class  under  municipal  corporation  bill,  election  on  question  of  appoint- 
ment of  city  officers,  p.   1521,   Act   2348,  §  752b. 

P"'ires,  provision  for  protection  against  does  not  apply  to  fires  set  in  cities,  p.  204, 
§  384. 

Funds.      See  Funds. 

Harbor  lines,  authorized  to  establish,  p.   1567,  Act  2389f. 

Harbor  lines,  validation  of,  p.   1567,  Act  2389f. 

Harbors,  improvement  of,  levy  of  taxes  and  issuance  of  bonds,  p.  1566,  Act 
2389e. 

Incurring  of  indebtedness  for  improvements  and  regulating  acquisition,  con- 
struction and  completion,  amendments  of  act  of   1901,  p.   1530,   Act  2371. 

Initiative   and   referendum,   p.   1280,   Act   1624. 

Initiative,  provision  for  repealed,   p.   1520,   Act  2348,  §  11. 

Lighting  districts.      See   Lighting  Districts. 

Lights   in  streets,  repeal  of  act  of  1905  relating  to,  p.  1516,   Act  2333. 

Lights  on  public  highways,  amendment  of  act  of  1909  authorizing  unincorpo- 
rated cities  to  establish,  p.   1235,   Act  1466.  \ 

Limit  on  length   of  lease   of   city  property,   p.    149,  §  718. 

Municipal   annexation   act   of   1913,   p.    1549,   Act  2383a. 

Municipal  corporation  bill,  amendments  of  1911  and  1913,  relating  to  cities  of 
sixth  class,   pp.   1520-1526,   Act   2348. 

Municipal  corporation  bill,  recall,  initiative  and  referendum  in,  p.  1520,  Act 
2348,  §§  10-12. 

Music,   tax   for  by  cities,  p.   J 563,   Act  2389a. 

Notice  to  board  of  control  and  treasurer  of  bonds  for  sale,  p.  330,  §  678. 

Orphan   children.      See   Orphans;   Orphan  Asylums. 

Parks.      See   Parks. 

Parks,  tax  for,  cities  authorized  to  levy,  p.  1563,   Act  2389a. 

Partition,  proceedings  in  where  site  of  city  or  town  included  within  exterior 
boundaries  of  property,  p.  34,  §  763. 

Permitting  two  or  more  street  railways  to  use  same  tracks,  p.   134,  §  499. 

Playgrounds.      See  Playgrounds. 

Public  buildings,  cities  and  counties  authorized  to  join  in  constructing,  p.  1698, 
Acts,  2821,  2822. 

Public  utilities,  acquisition,  construction  and  maintenance  of  by  cities,  p.  1570, 
Act  2389g. 

Public   utilities,   condemning   plants   of,   right  of,  p.   1759,   Act  2886,  §  47. 

Public   utilities,    condemning  plants   of,   procedure,   p.    1759,   Act  2886,  §  47. 

Public   utilities,   acquisition,   construction  and  operation  of,   p.   1565,   Act  2380d. 

Public  utilities,  effect  of  public  utility  act  on  control  of  cities  over,  p.  1788, 
Act  2886,  {  82. 


2496  INDEX. 

MXJNICIPAL  CORPORATIONS   (Continued). 

Public   utilities,    election   on   reinvesting   control   of   in    cities   after    surrender   to 

public  utilities  commission,  p.   1790,  Act  2886a. 
Public  utilities,  election  on  surrender  of  control  of  to  public  utility  commission, 

p.    1790,   Act   2886a. 
Public   utilities,   may  retain   control  of,  p.   1790,  Act  2886a. 
Public   utilities,    surrender  of  control  over  to  public  utility  commission,  p.  1788, 

Act  2886,  §  82. 
Recall   of  officers  in,   p.   1619,  Act  2555. 
Recall,   provision  for  repealed,  p.   1520,  Act  2348,  §  10. 
Referendum,  provision  for  repealed,  p.  1520,  Act  2348,  §  12. 
Sealer  of  weights  and  measures,  appointment  of,  p.  2344,  Act  4384. 
Sewer  districts  in,   authorized,   p.   1944,   Act   3598. 
-     Sewer  districts  in  bonds  for,  p.  1938,  Act   3594;  p.   1944,  Act  3598. 

Sewer    districts    in,    construction,    acquisition    and    maintenance    of    sewers    in, 

p.  1938,  Act  3594. 
Sewer  districts,  division  of  cities  into  authorized,  p.  1938,  Act  3594. 
Sewers  constructed  in  by  other  cities,  proceedings  relating  to,  p.  1560,  Act  2389. 
Sixth  class,   declaring  weeds  on  streets  a  nuisance  and  abatement  of,  p.   1578, 

Act  2347a. 
Sixth   class,   incumbent  officers  hold  over  in   case  no   election  held,  p.   1527,   Act 

2353a. 
Sixth  class,  proceedings  where  no  officers  elected  and  none  to  call  an  election, 

p.   1527,   Act  2350. 
Street  railroads  operated  by.      See  Street  Railroads. 
Streets  in,  use  of  as  part  of  highway  system,  p.  1560,  Act  2386. 
Taxes  for  harbor  improvements  authorized,  p.  1566,  Act  2389e. 
Taxes  for  park,  music  and  other  advertising  purposes,  p.  1563,  Act  2389a. 
Taxes  in.      See  Taxation. 

Taxes,  levy  and  collection  of  in  cities  other  than  first  class,  p.  2148,   Act  4043. 
Tide  lands,  authorized  to  grant  to  United  States,  p.  1579,  Act  2389h. 
Tide  lands,  grants  of  by  cities  to  United  States  validated,  p.  1579,  Act  2389h. 
"Town"  in  corporate  name  may  be  changed  to  city,  p.  1516,  Act  2331a. 
"Town"   in  corporate  name,  procedure   on  changing  to  city,  p.  1516,  Act  2331a. 
Validation   of   organization  and  incorporation  of,  p.   1528,  Acts  2355b,   2355c. 
Validation   of  proceedings  for  annexation  of  territory  to,  p.   1529,  Act  2358b. 
Water    districts,     municipal,    incorporation,     organization    and    management    of, 

p.  1580,  Act  2390. 
Water   owned  by,    excess   of,   authorized  to  sell,  p.   1530,  Act  2363a. 
Water   owned   by,    excess   of,   provision    for    sale    of    repealed,    pp.    1529,    1530, 

Acts  2363,   2363a. 
Waters  of,  access  to  by  streets  or  highways,  provision  for,  p.  1567,  Act  2389f. 
Waters  of,  exclusion  or  obstruction  of,  prevention  of,  p.   1567,  Act  2389f. 
Waters    of,    filling    in    tidal    lands    between    main    land    and    tidal    harbor    lines, 

p.   1567,   Act  2389f. 
Waters  of,  provision  for  unobstructed  navigation  of,  p.   1567,  Act  2389f. 
Wiping  rags,   regulation   of  use  of,   p.   1720,   Act   2840b. 

MUNICIPAL  WATER  DISTRICTS. 

Exempt  from  provisions  of   act   relating  to  waters,  p.  2266,   Act  4340. 
Incorporation,  organization  and  management  of,  p.  1580,  Act  2390. 
Public  utility,  condemning  plant  of,  procedure,  p.  1759,  Act  2886,  §  47. 
Public   utility,   condemning  plant   of,   right  of,   p.   1759,   Act  2886,  §  47. 


INDEX.  2497 

MUSIC. 

Tax  for  by  cities,  p.  1563,  Act  2389a. 

MUSTEE-EOLL.      See   Adjutant   General. 

MTITUAIi  BENEFIT  ASSOCIATIONS. 

Articles   of   incorporation,    signing  and  acknowledging,  p.  123,  §  452a. 
Articles  of  incorporation,   what  to  state,  p.  123,  §  452a. 
Asse.s.snients  on  death,  limit  on.      See  Mutual  Benefit  Associations. 
Death  benefits,  limit  on,  p.   123,  §  452a. 
How  formed,   p.   123,  §  452a. 
Who  may  form,  p.  123,  §  452a. 

MUTUAL  BENEFIT  SOCIETIES.      See  Benefit  Societies. 

MUTUAL  FIKE   INSURANCE   COMPANIES. 

Act  of  1907  relating  to,  repealed,  p.   1286,  Acts   1672,   1672b. 
Definition   of,   p.   1286,    Act   1672b. 

Organiz,ation  and  management  of,  p.   1286,  Act  1672b. 
Regulation  of  the  transaction  of  business  of,  p.  1286,  Act   1672b. 

MUTUAL  WORKMEN'S  COMPENSATION  INSURANCE  COMPANIES. 

Organization  and  management  of,  p.  1296,  Act  1672h. 


N 

NAMES. 

Bank,    similarity   between    and    name    of    existing   bank,    withholding    certificate, 

p.  916,  Act  297,  §  127. 
Fictitious,    certificate,    contents  of,   p.   178,  §  2466. 
Fictitious,    certificate,   failure   to   file,  penalty,  p.   178,  §  2468. 
Fictitious,    certificate,   filing  with   county   clerk,   p.   178,  §§2466,   2468. 
Fictitious,    certificate,    publication   of,   p.    178,  §  2466. 

Fictitious,    certificate,    signature   to  and  acknowledgment  of,  p.   178,  §  2468. 
Fictitious,    county  clerk   to   keep  register  of,   p.   179,  §  2470. 
Highway,   name  for,   procedure   to   obtain,   p.   500,  §  2636. 
Partnership.      See  Partnership. 
Registration  of  farm,  ranch  or  villa  names,  p.  1597,  Act  23908. 

NAPA  COUNTY. 

Assessor,   commissions  and  fees  to  be  paid  into  treasury,  p.  736,  §  4255,  subd.  7. 

Assessor,   deputies,  number,   appointment  and  salaries,  p.   736,  §  4255,   subd.  7. 

Assessor,    salary  of,  p.  736,  §  4255,   subd.  7. 

Auditor,    deputy,   appointment  and  salary,  p.   735,  §  4255,   subd.  5. 

Auditor,   salary  of,  p.   735,  §  4255,  subd.  4. 

Classification  of,   p.   568,  §  4006. 

Constables,    classification    of    townships    for    purpose    of   fixing    salaries,    p.    738, 

§  4255,  subd.  13. 
Constables,   fees  of,  p.  738,  §  4255,  subd.   15. 
Constables,    salaries  and  expenses  of,  p.  738,  §  4255,  subd.  15. 
Coroner,  fees  of,  p.  737,  §  4255,  subd.  9. 

157 


2498  INDEX. 

NAPA  COUNTY  (Continued). 

County    clerk,     deputies,     number,     appointment     and     salaries,    p.     733,  §  4255, 

subd.  1. 
County  clerk,  fees,  salary  and  allowances,  p.   733,  §  4255,   subd.   1. 
District'  attorney,   deputy,   appointment  and  salary,  p.  736,  §  4255,  subd.  8. 
District   attorney,    salary  of,   p.  736,  §  4255,   subd.   8. 

District  attorney,  stenographer,  appointment  and  salary,  p.  736,  |  4255,  subd.  8. 
Fish  and  game  warden,  salary  and  expenses  of  and  how  paid,  p.  594,  §  4149d. 
Jurors,  grand,  fees  and  mileage  of,  p.  739,  §  4255,  subd.  17. 
Jurors,   trial,  fees  and  mileage,  p.  739,  §  4255,   subd.   17. 
Justices,  classification  of  townships  for  purpose  of  fixing  salaries,  p.  738,  §  4255, 

subd.  13. 
Justices,   salaries,   fees,   expenses  and  office  rent,  p.   738,  §  4255,   subd.   14. 
Population  of,  p.  566,  §  4005c. 

Public   administrator,    fees   of,   p.   737,  §  4255,   subd.   10. 
Recorder,    deputies    and    copyists,    number,    appointment    and    salaries,    p.    734, 

§  4255,   subd.   3. 
Recorder,  fees  and  commissions  to  be  paid  into  treasury,  p.  734,  §  4255,  subd.  3. 
Recorder,  report  as  to  amounts  paid  copyists,  p.  734,  §  4255,  subd!  3. 
Recorder,   salary  of,  p.   734,  §  4255,   subd.   3. 
Registrar  of  voters,   salary,  fees,   allowances,   deputies   and  assistants,   pp.   598, 

601,  §  4149e. 
Sheriff,    expenses   in  arresting  criminals   and  in   conveying  prisoners  and   insane 

persons,   allowance   of,  p.   734,  §  4255,   subd.  2. 
Sheriff,    salary,   fees   and  mileage,   p.    734,  §  4255,   subd.   2. 
Sheriff,   under-sheriff,    appointment  and   salary,   p.   734,  §  4255,   subd.   2. 
Superintendent   of   school,     deputy,     appointment     and      salary,     p.     737,  §  4255, 

subd.   11. 
Superintendent   of   schools,   salary  and  expenses  of,   p.   737,  §  4255,   subd.    11. 
Supervisors,    salaries  of,   p.   739,  §  4255,    subd.   16. 

Surveyor,   fees,  what  to  be  paid  into  treasury,  p.  737,  §  4255,  subd.   12. 
Surveyor,   salary   and   expenses   of,   p.    737.  §  4255,    subd.    12. 
Tax   collector,   deputy,    appointment   and   salary,   p.    736,  §  4255,    subd.   6. 
Tax   collector,   fees   and  commissions  to   be  paid   into   treasury,   p.    736,  §  4255, 

subd.   6. 
Tax   collector,   salary,  p.   736,  |  4255,  subd.   6. 

Treasurer,   deputy,    appointment   and   salary,   p.    735,  §  4255.    subd.   5. 
Treasurer,    fees  and  commissions  paid  into  treasury,   p.   735,  §  4255,   subd.   5. 
Treasurer,   salary  of,  p.   735,  §  4255,   subd.   5. 

NAPA  RIVER. 

Use  of  nets,  seines,  traps  or  weirs  in  Napa  river  or  its  tributaries,  prohibited, 
p.  1199,   Act   1340J. 

NARCOTICS.      See  Drugs. 

NATIONAL  BANKS.      See  Banks  and  Banking. 

NATIONAL  GUARD. 

Adjutant   general.      See  Adjutant  General. 

Aids-de-camp,   detail   of,   p.   457,  §  1908. 

Aids-de-camp,    no  allowance  to   for  uniforms,  p.   473,  §  2078. 

Aids-de-camp,   rank  and  grade  of,  p.  457,  §  1908. 


INDEX.  2499 

NATIONAL  GUARD   (Continued). 

Aidsde-camp,    relief  of  from  regular  duty,  p.  457,  §  1908. 

Allowances,    claims    against,    auditing,    etc.,    exempt    from    provisions    of    code, 

p.   474,  §  2085. 
Allowances,   demands   against,   auditing,   etc.,   procedure,   p.   473,  §  2079. 
Allowances   for  bands,   p.   473,  §  2079. 

Allowances  to   companies,    troops,   batteries,   and  divisions,   p.  474,  §  2080. 
Allowances   to   officers    for    rent,    clerks,    postage,    music,    target    practice,    etc., 

p.  473,  §  2079. 
Allowances   to   officers  for  uniforms  and  equipment,  p.  473,  §  2073. 
Armory   and   arsenal  site  for   in   Sacramento,   p.    1598,   Act  2433a. 
Armory  building  and  wharf  on  bay  of  San  Diego,  purchase  of  by  state,  p.  1599, 

Act   2433b,   p.    1902,    Act   3158b. 
Armory   at   San   Francisco,   appropriation  for  partial   completion  and  furnishing, 

p.   1598,  Act  2431b. 
Batteries,  allowances  to,  p.  474,  §  2080. 
Brigades,  provision  as   to  repealed,  p.  465,  §  1935. 
Brigadier  general.      See  Adjutant  General. 
Cavalry,   number  of  troops  in,   p.   464,  §  1933. 
Cavalry,   of   what    consists,    p.    464,  §  1933. 

Cavalry,   organization  conforms  to  that  of  United  States  army,  p.   464,  §  1933. 
Cavalry,     troops,   organization  of  into  squadron,  p.  464,  §  1933. 
Cavalry,    veterinarian,   appointment  and  compensation,   p.  465,  §  1933. 
Chaplains,  appointment  and  term  of  office,  p.  466,  §  1957. 
Chaplains,  qualifications  of,  p.  466,  §  1953. 
Coast   artillery,   p.  464,  §  1932. 

Coast   artillery,  allowance  to  chief  of,  p.  473,  §  2079. 
Coast   artillery,   chief,   relation,   powers  and  duties  of,  p.   464,  §  1932. 
Coast   artillery,  of  what  consists,  p.  464,  §  1932. 
Coast   artillery,   organized   as   a   corps,   p.   464,  §  1932. 
Commander-in-chief,   detail   of   aidsde-camp,    p.   457,  §  1908. 
Commander-in-chief    may    make    rules    and    regulations    governing    department, 

p.  458,  §  1^26. 
Commander-in-chief,    organization,    change   of,   power   and    duties   as   to,    p.    457, 

§  1925. 
Commander-in-chief,    staff   of,    p.    457,  §1908;    p.    466,  §  1956. 
Commissions,  issuance  of,  p.  467,  §  1958. 

Commissions,   lost   or  destroyed,   provision  as  to  repealed,  p.  469,  §  1966. 
Companies,    allowances  to,   p.  474,  §  2080. 
Companies,   number  of,   p.   457,  §  1925. 
Consists   of  what,   p.   457,  §  1925. 
Departments  of,   enumerated,   p.   457,  §  1925. 

Discharge  because   of  disbandment,   enlistment   in   esse   of,   p.  469,  §  1980. 
Discharge,    dishonorable,    when    issued,    p.    470,  §  1985. 

Discharge,   honorable,    before    expiration    of   term   of   enlistment,    p.    470,  §  1985. 
Discharge,   honorable,   on   expiration    of  term   of   enlistment,   p.   470,  §  1985. 
Discharge,   what  officers  may   issue,   p.   470,  §  1985. 
Discharge,   without   honor,   when    i.ssued,    p.    470,  §  1985. 
Divisions,  provision  as  to  repealed,  p.  465,  §  1935. 
Engineers'    corps,    conforming    to    organization    of    United    Stales    army,    p.    463, 

§  1930. 
Engineers'    corps,   officers,    qualifications    of,    p.    466,  §  1953. 


2500 


INDEX. 


NATIONAL  GUARD   (Continued). 

Engineers'  corps,  of  what  consists,   p.  463,  §  1930. 

Enlistments,   p.  469,  §  1980. 

Enlistment,  re-enlistment,  p.  469,  §  1980. 

Enlistments,  who  may  enlist,  p.  469,  §  1980. 

Field  artillery,   organization   conforms   to   that   of  United   States   army,   p.   464, 

§  1932  y2. 
Field  artillery,  veterinarian,  appointment  and  pay  of,  p.  464,  §  1932%. 
Field  battery,   of  what'  consists,  p.   464,  §  1932%. 
Independent  and  unattached  companies,  repeal  of  act  relating  to,  p.  1597,  Act 

2425. 
Infantry,   call  from  President  for  troops,  organization  into  division  on,  p.  465, 

§  1934. 
Infantry,   company,  minimum  strength  in  time  of  peace,  p.  465,  §  1934. 
Infantry,   division,  command  of,  p.  465,  §  1934. 
Infantry,    officers,  qualifications  of,  p.  465,  §  1934. 
Infantry,   of  what  consists,  p.  465,  §  1934. 

Infantry,   organization   conforms   to   that  of  United   States  army,  p.   465,  §  1934. 
Inspection,  annual,  of,  p.  471,  §  2008. 
Inspection,  » tnual,   to  be  made,  p.  471,  §  2008. 
Inspection,  annual,  inspection  by  United  States  government  in  place  of,  p.  471, 

§  2008. 
Inspector  general,  oflicers,  rank  and  duty,  p.  462,  §  1928a. 
Inspector  general's  department,  conforming  to  orders  and  regulations  of  United 

States  army,  p.  462,  §  1928a. 
Inspector  general's  department,   officers   composing,   p.   462,  §  1928a. 
Judge-advocate's  department,  conforming  to  regulations  of  United  States  army, 

p.   462,  §  1928b. 
Judge-advocate's    department,    officers    composing,    p.    462,  §  1928b. 
Judge-advocate's   department,   officers   of,   rank   and   duty,   p.   462,  §  1928b. 
Machine-gun   companies,   p.   465,  §  1934%. 
Machine-gun   companies,  conform  to  organization  in  United  States  army,  p.  465, 

§  19341/2.  * 

Machine-gun   companies,    organization    of,   p.    465,  §1934%. 
Machine-gun   companies,  of  what  consists,  p.  465,  §  1934%. 
Medical   corps,  medical  officers,  qualifications  of,  p.  466,  §  1953. 
Medical   department,   officers,  rank  and  duty,  p.  463,  §  1929. 
Medical   department,  of  what  consists,  p.  463,  §  1929. 
Military-roll.      See   Military   Roll. 

Militia  classified   into  organized  and  reserved,  p.   456,  §  1906. 
Militia,   organized,  what  constitutes,   p.  456,  §  1906. 
Militia,   reserved,   what   constitutes,   p.   456,  §  1906. 
Music,  allowance  for,  p.  473.  §  2079. 
Musicians,  enlistment  of,  p.  469,  §  1980. 
Muster-roll.      See   Muster-roll. 

Naval  militia,   annual   inspection   of,  p.  471,  §  2008. 
Xaval  militia,  band,  p.  477,  §  2112. 
Naval   militia,   chaplains,   p.   476,  §  2112,   subd.  2. 
Naval   militia,    court-martials,    p.    477,  §  2154. 
Naval  militia,  location  of,  p.  475,  §  2111. 

Naval   militia,   meaning   of   "division"    and    "company,"   p.    475,  §  2111. 
Naval  militia,  medical  department,  p.  476,  §  2112,  subd.  2. 


INDEX.  2501 

NATIONAL  GUARD    (Continued). 

Naval   militia,    numeiieal   strength,    rank,   titles,    etc.,    conform   to   regulations   of 

United   States  navy,  p.  475,  §  2112. 
Naval  militia,   otficers  of  and  rank   of,   p.   47.^,  §  2112. 
Naval  militia,    of  what    consists,   p.   475,  §  2111. 

Naval   militia,   organization  of  divisions   into   battalions,   p.   475,  §  2111. 
Naval   militia,   organization   to   conform  to  rules  of  United  States  navy,  p.   475, 

§  2112. 
Naval   militia,   pay  department,   p.   476,  §  2112,   subd.   2. 
Naval  militia,  power  of  commander-in-chief  over,  p.  477,  §  2154. 
Naval   militia,  retirement  of  otficers,  p.  476,  §  2112,  subd.  2. 
Naval   militia,    vessels   loaned   by   United   States   officers,    command   of,   pp.    475, 

477,  §  2112. 
Number  of  divisions,  companies,  troops,  batteries,  etc.,  in  time  ol  peace,  p.  458, 

§  1925. 
Oaths,   vi'ho  may  administer,  p.  474,  §  2106. 
Oaths,   no  fee  to  be  charged  for,  p.  474,  §  2106. 

Otienses  need  not  be  prosecuted  by  indictment  or  information,   p    232,  §  682. 
Officers,   allowances  for  uniforms  and  equipments,  p.  473,  §  2078. 
Officers,    election  of,  proceedings  where  there  is  no   choice,  p.  467,  §  1958. 
Officers,   election  of,   time   and  manner  of  holding,   p.   467,  §  1958. 
Officers,    elective,    terms  of  office,  p.  466,  §  1956. 

Officer,    failure   to   appear  before   examining  board,   effect   of,  p.   467,  §  1958. 
Officers  in  service  at  passage  of  act,  commissions  to,  p.  466,  §  1956. 
Officers,    line,    appointment,    confirmation    by    senate   and   term    of   office,    p.   466, 

§  1957. 
Officers  of,  what  elected,  p.  466,  §  1956. 
Officers,   persons  in  service  in  other  jurisdictions  and  not  honorably  discharged, 

not  to  be   appointed,   p.  466,  §  1953. 
Officers,   qualifications  of,  p.  466,  §  1953. 
Officers,    term  of  office  commences,  when,  p.  466,  §  1956. 
Officers,   what  exempt  from   examination,  p.   466,  §  1956. 
Offices,   vacancies  may  be   filled  without   election,   when,   p.   467,  §  1958. 
Ordnance  department,   of  what   consists,  p.  463,  §  1928c. 

Organization,  change  of,  power  and  duty  of  commander-in-chief,  p.  457,  §  1925. 
Organization,  conforming  to  United  States  laws  and  regulations,  p.  457,  §  1925. 
Pay,  apportionment  of  money,  where  legislature  makes  no  appropriation,  p.  472, 

§  2076. 
Pay  of  officers  and  men,  p.  472,  §  2076. 
Quartermaster's    corps,    conforming   to   orders   and   regulations   of   United    States 

army,   p.  463,  §  1928d. 
Quartermaster's   corps,  duties  of  officers,  men  and  employees,  p.  463,  §  1928d. 
Quartermaster's   corps,  enlistments  and  appointments  prescribed  by  commander- 
in-chief,  p.  463,  §  ia28d. 
Quartermaster's  corps,   of  what   consists,   p.   463,  §  1928d. 
Quartermaster's   corps,  titles,   grades   and  numbers  of  officers  and  enlisted   men, 

p.  463,  §  1928d. 
Re-enlistment,  p.  469,  5  1980. 

Retirement,  detail  for  duty,  compensation  in  case  of,  p.  468,  §  1963,   subd.  4. 
Retirement,   detail  of  retired  officers  for  duly,   p.  468,  {  1963,  subd.  4. 
Retirement,   grounds  for,  p.  468,  §  1963. 
Retirement,   proceedings,    p.    468,  §  1963. 


2502  INDEX. 

NATIONAL  GtJAED   (Continued). 

Retirement,   rank  of  retired  officers,  p.  469,  §  1963,   suTid.  6. 

Retirement,   return   to  active  service,  p.  469,  §  1963,  subd.   .5. 

Retirement,   roster  of  retired  officers,   p.  468.  §  196.3,   subd.   4. 

Retirement,    second    retirement     after    return     to     active    duty,     p.    469,  §  1963, 

subd.  5. 
Rules  and  regulations,  power  of  commander-in-chief  to  make,  p.  458,  §  1926. 
Service   medals,    p.    471,  §  2011. 
Signal  corps,  of  what  consists,  p.  464,  §  1931. 

Signal,  officers  and  enlisted  men,  number,  grade  and  ranks,  p.  464,  §  1931. 
Staff  departments,  enumerated,  p.  457,  §  1925. 
Staff   of   commander-in-chief,   p.   457,  §  1908. 
Staff  officers,   appointment  and  term  of  office,  p.  466,  §  1957. 
Target   practice,    allowance   for,   p.   473,  §  2079. 

Traveling  expenses   and  allowances   of  officers  and  men,   p.   472,  §  2077. 
Traveling  expenses  of    federal    officer    detailed    for    service    in    national    guard, 

p.  472,  §  2077. 

NAVAIi  MILITIA.      See  National  Guard. 

NAVIGABLE  STREAMS.      See  Waters. 

NAVIGABLE  WATERS.      See  Waters. 

NAVY.      See  Soldiers  and  Sailors. 

NEGLIGENCE.      See  Master  and  Servant. 

Action  for  by  husband  and  wife,  consequential  damages  to  husTsand  recoverable 

without   separate  statement,   p.   19,  §  427. 
Action  fur  causing  death  by  wrongful  act,  p.  1060,  Act  896. 
Officers,    liability    for    injuries    from    defects    in    streets,    public   buildings,    etc., 

p.  1611,  Act  2554. 
Place  of   trial  of  action  for,   p.    16,  §  395. 
Privileged   communication    between   physician   and  patient,   who    may   waive    in 

action   for  death,   p.  96,  §  1881. 

NET  CONTAINER  ACT. 

Penalty  fur  violation   of,  p.   1601,  Act  2453. 

Provision   for  indicating  net   quantity  of   foodstuffs  prepared  for  food,   p.   1601, 
Act  2453. 

NEVADA  COUNTY. 

Assessor,   salary  of,  p.   764,  §  4263,   subd.   7. 

Auditor,  salary  of,  p.  764,  §  4263,  subd.  4. 

Classification   of,   p.   568,  §  4006. 

Constables,   classification  of  townships  for  purpose  of  regulating  salaries,  p.  765, 

§  4263,   subd.   15. 
Constables,   expenses  of,  p.  765,  §  4263a. 
Constables,    salaries  and  fees  of,   p.   765,  §  4263,   subd.   15. 
Coroner,   fees   of,   p.   764,  §  4263,   subd.   9. 

County  clerk,  salary  and  allowances,  p.  764,  §  4263,  subd.  1. 
District   attorney,   deputy,   appointment  and   salary,   p.    764,  §  4263,    subd.   8. 
District   attorney,  salary  of,  p.  764,  §  4263,  subd.  8. 


I 


INDEX.  2503 

NEVADA  COUNTY   (Continued). 

Fish  and  game  warden,   salary  and  expenses  of  and  how   paid,   p.   594,  §  4149d. 

Jurors,   grand,    fees   and   mileage,    p.   765,  §  4263a. 

Jurors,    trial,   fees  and  mileage,  p.  765,  §  4263a. 

Justices,   classification   of   townships   for  purpose  of  regulating   salaries,   p.   765, 

§  4263,   subd.   15. 
Justices,    fines,   payment   into   treasury   and  report   of,   p.    764,  §  4263,   subd.   14. 
Justices,    salaries   and   fees,   p.   764,  §  4263,    subd.    14. 
Official  reporter,  fees  and  expenses  of,  p.   766,  §  4263,   subd.   16. 
Population   of,    p.    566,  §  4005c. 

Public   administrator,    salary   of,   p.    764,  §  4263,    subd.    10. 
Recorder,   salary  of,  p.   764,  §  4263,   subd.   3. 
Registrar  of   voters,    salary,   fees,    allowances,    deputies   and   assistants,   pp.    598, 

601,  I  4149e. 
Road   commissioners,   expenses  of,  p.   764,  §  4263,   subd.   13. 
Sheriflf,   salary  and  fees  of,  p.   763,  §  4263,   subd.  2. 
Superintendent    of    schools,     salary,    per    diem    and    expenses,    p.     764,  §  4263, 

subd.   11. 
Supervisors,  salaries,  mileage  and  expenses,  p.  764,  §  4263,  subd.  13. 
Surveyor,   fees   of,   p.    764,  §  4263,    subd.   12. 
Tax   collector,    salary   of,   p.    764,  §  4263,    subd.    6. 
Treasurer,   salary  of,   p.   764,  §  4263,   subd.   5. 

NEWTOWN  JETTIES. 

Owners  of   land   authorized   to   sue   state   for   injuries   caused  by,   p.    1965,    Act 
3798a. 

NEW  TRIAL.      See  Bills  of  Exceptions. 

In   probate  proceedings.      See  Estates  of  Decedents. 

Statement  need  not  be  served  on  parly  defaulting  or  not  appearing,  p.  30,  §  650. 

NICKEL  IN  THE  SLOT  MACHINES. 

Gambling   by   means   of,   prohibited,   p.    199,  §  330a. 

NOMINATION. 

Trustees,   of,   p.   176,  §  2287. 

NOMINATIONS.      See  Elections. 

NORMAL   SCHOOLS.      See   Schools. 

NOTARIES. 

Acknowledgments,  may  take,  p.  153,  §  1181. 

Number  that  may  be  appointed  in  various  counties,  p.  338,  $  791, 

What  county  officers  may  not  act  as,  p.  820,  §  4316. 

NOTICE.      See  Bill  of  Exceptions. 

Constable  of  township   to   serve,  when,  p.  603,  §  4189. 
Homestead,  notice  of  hearing  on  petition  to  sell,  p.  157,  §  1248. 
Injunction   against   diversion   of   water,    notice   of,    p.   23,  §  530. 
Injunction,   notice   of   application   for,   p.   22,  §  527;   p.   23,  §  530. 
Insurance   company,   to.      See   Insurance. 
Preliminary    injunction,    notice    of,    p.    22,  §  527. 


2504  INDEX. 

NOTICE   (Continued). 

Public   authorities   to   give   notice    to   board   of   control    and    state    treasurer   of 

bonds   for   sale,   p.   330,  §  678. 
Records  as.      See  Registration. 
State    officers    or   boards,    publication    of   notices    by   to    be   under    direction    of 

board  of   control,   p.   1603,   Act   2503. 
Temporary  restraining   order,    notice   of,   p.   22,  §  527. 
Trial  in  justice's  court,  notice  of.      See  Justices'   Courts. 
What  notices  need  not  be  served  on  parly  defaulting  or  not  appearing,  p.   30, 

§  650. 

NUISANCES. 

Advertisements    or    signs,    placing    on    public   or   private   property    without    con- 
sent, p.  834,  Act  52. 
Houses  of  prostitution  declared  nuisances,  p.  1687,  Act  2798. 

NURSES. 

Contagious   diseases,   duty  in    case   of,   p.    510,  §  2979a. 

Provisions  for  education,  examination  and  registration  of,  pp.  1604,  1605,  Acts 
2508a,   2508b. 


OAKDALE  IRRIGATION  DISTRICT. 

Organization   of   validated,    p.   1317,   Act   1712. 

OAKLAND. 

Act  enabling  city  of  to  settle  its  controversies,  p.  1607,  Act  2510a. 

Action    against    state    to    quiet    title    to    certain    realty    in    Oakland    authorized, 

p.    1964,    Act    3798. 
Charter  of  and  amendments  of,  p.   1607,  Act  2533. 
Incorporation   of,    former  acts   relating   to,   p.    1607,    Act   2510. 
Police  court  in,  establishment  of,  p.  1607,  Act  2510b. 
Tide   lands,   grant   of  to,  p.   1GU8,   Act  2533;   p.  1610,  Act  2534. 
Tide  lands  granted  to,  management,  use  and  control  of,  p.  1610,  Act  2534. 

OATHS.      See  Offices  and  OlBcers. 

Appointees    of    department   of   accounting    of    board   of    control    may    administer, 

p.   333,  §  686. 
Chief  deputy  of  superintendent  of  banks,   of,   p.  913,   Act  297,  §  121. 
Members  of  board  of  control  may  administer,  p.  324,  §  654. 
Office,  oath  of,  when  to  be   taken,  p.   338,  §  907. 
Particular  officers,   of.      See  particular   title. 
Superintendent  of  banks,  of,  p.  913,  Act  297,  §  120. 
What   election   officers   may   administer,   p.   342,  §  1077. 

OCEAN.      See  Pacific  Ocean. 

OFFICES  AND   OFFICERS. 

Advertisements,    publications    or   notices    by    officers    to    be    under    direction    of 

board    of   control,    p.    1603,    Act    2503. 
Attorneys,    officers   of   state   not   to    employ   special   counsel   except  with   consent 

of  attorney  general,  p.  302,  §  472. 


INDEX.  2505 

OFFICES   AND   OFFICERS   (Continued). 

Bond,   particular  officer,   of.      See  particular   title. 

Charter,    officers,   where    county   charter   adopted,   p.    571,  §  4021. 

Civil   service    commission.      See    Civil    Service   Commission. 

Civil   service,   establishment  of  for  state  officers,  p.   1025,   Act  606. 

Communications   to,  when  privileged,  p.   96,  §  1881. 

Consolidation  of  certain  offices,  p.  571,  §  4017. 

Consolidation  of  offices  under  charters  authorized,  p.  2148,  Act  4043: 

Consolidation,   what   county  officers   may  be   consolidated,   p.   571,  §  4017. 

County.      See   County   Government. 

County,   fees  paid  into   salary  fund  for  officers,  p.   820,  §  4305. 

County   officers,    deputies    and    assistants   paid    by    principals    out    of    their    own 

salaries,  p.  815,  §  4290. 
County   officers,  fees,   insufficiency  of  to  pay  salaries,  tax  by  supervisors  for  de- 
ficiency,  p.   820,  §  4305. 
County   officers   performing  municipal   functions,   apportionment  of  compensation 

and  expenses,   p.   816,  §  4290. 
County   officers,  recall   of,   p.   572,  §  4021a. 

County   officers,  salaries  and  fees  are  in  full  for  all  services,  p.  815,  §  4290. 
County  officers,   what  mav  not  act  as  collectors  or  for  collection  agency,  p.   820, 

§  4316. 
County   officers,  what  may  not  act  as  notary,  p.  820,  §  4316. 

County   officers,  what  may  not  practice  law  or  have  law  partner,  p.  820,  §  4316. 
County,  what  officers  are,  p.   570,  §  4013. 

Deputies  of  county  officers,  what  paid  out  of  salaries  of  officers,  p.  815,  §  4290. 
Deputies,    particular   officers,    of.      See   particular   title. 
Election   of   officers,    time   of,   p.   571,  §  4021. 
Failure  of  officers  to  file  reports  with,  permit  examination  by  or  obey  directions 

of  department   of   accounting,   punishment,    p.    334,  §  690. 
Fees  collected  set   apart  as   salary  fund,   p.   820,  §  4305. 
Fees  not   to  be   charged  officers   by   secretary   of   state,   p.   292.  §  409. 
Grand  jury,  powers  and  duties  as  to  public  officers,   p.   237,  §  9-8. 
Liability   of  for  injuries   from   defects   in    streets,   public  buildings,    works,    etc., 

p.    1611,   Act   2554. 
Governor  appoints  what  officers,  p.  291,  §  368.      See  Governor. 
Mandamus   against.      See   Mandamus. 
Notary,  what  officers  not  to  act  as,  p.  820,  §  4316. 
Oath   of   office,   when   to   be   taken,   p.    338,  §  907. 
Oath,   particular  officer,  of.      See  particular  title. 

Offices  not  consolidated  to  be  filled  by  election  or  appointment,  p.  571,  §  4020. 
Officers    hold    until    successors    are    elected    or    appointed    and    qualify,    p.    571, 

§  4021. 
Particular  officer.      See  particular  title. 
Qualifications  necessary   to  hold  office,   p.   575,  §  4023. 
Recall  of  officers.      See  Recall. 

Recall  of  officers  in  cities,  p.   1619,  Act  2555.      See  p.   1520,   Act  2348,  §  10. 
Removal,   proceedings  need   not  be  by  indictment  or  iiiforinalioii,   p.   232,  §  682. 
Reports,    financial    and    statistical,    department   of    accounting    may    require    from 

officers,  p.  333,  §  688. 
Right    of    members    of    department    of    accounting    to    examine    books,    etc.,    of 

officers,  p.   334,  §  689. 
Salaries  of  officers.      See  Salaries. 


2506  INDEX. 

OFFICES  AND  OFFICEBS  (Continued). 

Salaries   of   assistant  superintendents   of   school,   p.   392,  §  1521. 

Salaries  of  particular   officer.      See   particular   title. 

Salary   of   secretary  of   trustees  of   state  normal   schools,   p.    383,  §  1489. 

Sale  of  bonds  by  officers  for  public  improvements  cannot  be  enjoined,  p.  22, 
§  526a. 

Supervision  over  officers  by  supervisors,  p.  575,  §  4041,  subd.   1. 

Supplies,  contracts  by  officers  for,  to  be  submitted  to  board  of  control,  p.  332, 
§  683. 

Supplies,   officer,   right  of  to  purchase   in   open   market,  p.   332,  §  683. 

Supplies  purchased  by  officers,  report  of  to  board  of  control,  p.  832,  §  685. 

Time   of   taking   office,   p.    571,  §  4021. 

Township  officers,  additional,  petition  required  before  appointment  by  super- 
visors,  p.    571,  §  4014. 

Townships,  officers  of,  p.   571,  §  4014. 

Township  officers,  what  officers  are,  p.  571,  §  4014. 

Uniform  system  of  accounting  to  be  established  for  officers  by  department  of 
accounting,  p.  333,  §  687. 

Waste  of  public  money  or  property  by  officer,  right  to  enjoin,  p.  22,  §  526a. 

Witnesses,   competency  of  public  officers  as,   p.   96,  §  1881. 

OFFICIAL  REPORTERS.      See  Shorthand  Reporters. 

OIL.      See  Pipe-line  Corporations. 

OLEOMARGARINE.      See  Butter. 

Deception  and  fraud  in  manufacture  and  sale  of,  prevention  of,  p.  986,  Act  473. 
Enforcement   of   provisions   of   law   regulating   manufacturing,    buying   or   selling 

and   punishment'   for    violation    of,    p.    986,    Act    473. 
Licensing  manufacture  and  sale  of,  p.  986,  Act  473. 

OPIUM.      See  Drugs. 

OPTOMETRY. 

Act  of   1903,  regulating  practice  of,  repealed,  p.  1631,  Act  2573. 
Act   of   1913,  regulating  practice  of,  p.  1631,  Act  2574. 
Board  of,   appointment,  powers  and  duties  of,  p.   1631,   Act  2574. 
Penalty  for  violation  of  act'  regulating  practice  of,  p.   1631,  Act  2574. 

ORANGE  COXTNTY. 

Assessor,    all    commissions    to    be    paid    into    county    treasury,    p.    686,  §  4243, 

subd.   7. 
Assessor,   deputies,    number,    term   of   office,    appointment   and   salaries,    p.    686, 

§  4243,    subd.   7. 
Assessor,    salary  of,  p.   686,  §  4243,   subd.   7. 

Assessor,    statements  as  to  amounts  paid  for  assistance,  p.   686,  §  4243,   subd.  7. 
Auditor,   assistants,   appointment  and  salaries,   p.  686,  §  4243,   subd.   4. 
Auditor,    salary   of,   p.    686,  §  4243,    subd.   4. 

Auditor,  statement  of  amounts  paid  for  assistance,  p.  686,  §  4243,  subd.  4. 
Census,   taking  of  by  supervisors,  p.   689,  §  4243,   subd.   17. 
Classification   of,   p.    567,  §  4006. 

Constables,   salaries   and  fees  of,  p.   688,  §  4243,   subd.   14. 
Constitutionality  of  act,  effect  of  declaring  provision  of  unconstitutional,  p.  689, 

§  4243,  subd.   19. 


INDEX.  2507 

ORANGE   COUNTY   (Continued). 

Coroner,    fees   of,   p.   687,  §  4243,   subd.   9. 

County   clerk,   deputy,   appointment,   duties   and   salary,   p.    684,  §  4243,    subd.   1. 

County  clerk,    fees   and   commissions   to   be  paid  into   county   treasury,   p.   684, 

§  4243,   subd.  1. 
County   clerk,   salary  of,  p.   684,  §  4243,   subd.   1. 

District    attorney,    deputies,  appointment  and  salary,  p.   687,  §  4243,  subd.   8. 
District   attorney,  deputies  must  be  admitted  to  practice,  p.  686,  I  4243,  subd.  8. 
District   attorney,    salary    of,    p.    687,  §  4243,    subd.    8. 

District   attorney,  stenographer,  appointment  and  salary,  p.  687,  §  4243,  subd.  8. 
Fish  and  game  warden,   salary  and  e.xpenses  and  how  paid,  p.   594,  §  4149d. 
Jurors,    compensation   of,  provision    repealed,    p.    689,  §  4243a. 
Jurors,   fees  of,  who  to  pay,  p.   689,  §  4243,   subd.   18. 

Justices,   population    of   townships,   how   ascertained    for   purpose    of    fi.\ing    sal- 
aries,  p.   688,  §  4243,   subd.    16. 
Justices,    salaries   and  fees  of,   p.   688,  §  4243,   subd.    13. 
Jurors,    grand,    compensation   and  mileage,   p.   689,  §  4243,   subd.   19. 
Jurors,    trial,  compensation  and  mileage,  p.  689,  §  4243,   subd.  19. 
Livestock  inspector,    salary   of,   p.    688,  §  4243,    subd.    16. 
Population  of,  p.   565,  §  4005c. 

Population  of  townships,  how  determined,  p.   689,  §  4243,  subd.   17. 
Public  administrator,   fees  of,  p.   687,  §  4243,  subd.   10. 

Recorder,   deputies,   number,   appointment   and   salaries,  p.   685,  §  4243,   subd.   3. 
Recorder,  fees,  and  commissions  to  be  paid  into  treasury,  p.  685,  §  4243,  subd.  3. 
Recorder,   salary  and  fees  of,   p.   685,  §  4243,   subd.   3. 
Registrar  of   voters,    salary,   fees,    allowances,    deputies   and   assistants,   pp.    596, 

601,  §  4149e. 
Sheriff,    deputy,   appointment,   duties   and   salary,   p.    685,  §  4243,    subd.   2. 
Sheriff,    salary  and  fees  of,  p.   685,  §  4243,   subd.  2. 
Superintendent    of    schools,    deputy,    appointment     and     salary,    p.    687,  §  4243, 

subd.   11. 
Superintendent  of  schools,   salary  and  expenses  of,  p.   687,  §  4243,   subd.  11. 
Supervisors,   compensation   as  road   commissioner,   p.   688,  §  4243,   subd.   15. 
Supervisors,    salaries   and   mileage,    p.    688,  §  4243,    subd.    15. 
Surveyor,   salary  of,  p.   688,  §  4243,   subd.   12. 
Tax   collector,    deputy    and    assistants,    appointment    and    compensation,    p.    686, 

§  4243,  subd.  6. 
Tax   collector,   salary  of,  p.   686,  §  4243,   subd.  6. 
Tax   collector,    statement    as    to    amounts    paid    for    assistance,    p.    686,  §  4243, 

subd.  6. 
Treasurer,   deputy,   appointment   and   salary,    p.    686,  §  4243,    subd.   5. 
Treasurer,    salary   of,    p.    686,  §  4243,   subd.    5. 

ORDER. 

I'ower  of  judge  to  stay  execution  of,  p.   32,  §  681a. 

ORDINANCES. 

Any  number  may  be  submitted  to  people  at  same  election,  p.  587,  §  4058. 
Direct  legislation  for,  including  initiative  and  referendum,  p.  585,  §  4058. 
Enacting  by  means   of   initiative  and   referendum,   p.    585,  §  4058;   p.    1280,   Act 

1624.      See  Initiative;   Referendum. 
Reference  of  to  vote  of  people.      See  Referendum. 


I 


2508  INDEX. 

ORDINANCES  (Continued). 

Suspension  of  on  petition  of  voters,  p.   588,  §  4068. 
Time   of   taking  effect  of,  p.  588,  §  4068. 

ORPHAN  ASYLUM.      See  State  Board  of  Charities  and  Corrections. 

Abandoned  children  must  have  been  inmates  one  year  before  receiving  support, 

p.   483,  §  2283. 
Adoption  of  child,   managers  may  consent  to,  p.   109,  §  224. 
Advisory   committee,   appointment,   number  and  duties,   p.   485,  §  2286. 
Appropriations   by   state,    city    or   county    for   orphan    and    abandoned    children 

supported  in,  p.   483,  §  2283. 
Board  of  control,   appointment   of    children's    agents    and    advisory    committees, 

p.  484,  §  2286. 
Board  of  control,   authority  of  over,  p.  484,  §  2286. 
Board  of  control,  books  open  to  inspection  of,  p.  484,  §  2285. 
Board  of  control,  refusal  to  comply  with  orders  or  demands,  no  public  aid  to, 

p.  484,  §  2286. 
Books,    to   whom   open,   p.    484,  §  2285. 
Books,  what,   to  be  kept  by,  p.  484,  §  2285. 
Books,   what  to  show,  p.  484,  §  2285. 
Child  need  not  be  surrendered  to  person  of  different  faith  from  parents,  p.  486, 

§  2287,   subd.   5. 
Child   not    orphaned   or   abandoned  unless   parents   resided   in   state   three    years 

or  have  become  citizens  of  state,  p.  486,  §  2280,  subd.  4. 
Child   over   fourteen  not   deemed   to   be   orphaned  or   abandoned,   p.   486,  §  2289, 

subd.  2. 
Child,  to  whom  home  offered  is  not  subject  of  state  aid,  p.  486,  §  2289,  subd.  4. 
Child  whose  maintenance  paid  not  deemed  orphan  or  abandoned,  p.  486,  §  2289, 

subd.   3. 
Children's    agents,    number,    appointment,    duties,    salaries,    and    expenses    of, 

p.   485,  §  2286. 
Claims   for  aid,   contents  of,   p.  485,  §  2287. 

Claims  for  aid,  presenting,   auditing  and  allowing,   p.  485,  §  2287. 
Claims   for  aid,  requiring  production  of  books  to   sustain,  p.  485,  §  2287. 
Claims   for  aid,  verification  of,  p.  485,  §  2287. 
Inmates,  must  have  twenty  to  be  entitled  to  aid,  p.  485,  §  2289. 
Licensing,  inspecting  and  regulating  by  state  board  of  charities  and  corrections, 

p.  1398,  Act  1943. 
Managers   may   consent   to   adoption   of   child,   when,   p.   109,  §  224. 
Twenty    inmates    necessary    before    institution    entitled    to    aid,    p.    486,  §  2289, 

subd.  1. 

ORPHANS. 

Appropriations  by  city,   county  or   state   for  half-orphans  maintained   at  home. 

p.  483,  §  2283. 
Denial   of   support   to   half-orphan   maintained   at   home,    appeal   to    state   board 

of   control,   p.   483,  §  2283, 

OSTEOPATHY.      See  Medicine. 

OTTER. 

Sea.     See  Game  Laws. 


INDEX.  2509 

OVERFLOW  DISTRICTS.      See  Levee  Districts;   Reclamation  Districts. 
Formation,  government  and  control  of,  p.  1639,  Act  2604. 
Protection  districts.      See   Protection  Districts. 


P 

PACIFIC  OCEAN. 

Garbage,  refuse,  etc.,  dumping  in,  regulation  of,  p.  203,  §  374a. 
Garbage,   refuse,   etc.,    dumping   in,   violation    of   law   regulating,   punishment   of, 
p.  203,  §  374a. 

PALO   ALTO. 

Charter  of,  p.  1651,  Act  2612. 

PANAMA-CALIFORNIA  EXPOSITION.      See   Expositions. 
PANAMA-PACIFIC    INTERNATIONAL   EXPOSITION.     See    Expositions. 

PANDERING. 

Definition  of,  p.   1057,   Act  865. 

Evidence,   competency  of,   on  prosecution  for,  p.   1057,  Act  865. 

Punishment  of,  p.  1057,  Act  865. 

PANEL.      See  Grand  Jury. 

PARENT  AND  CHILD.      See  Adoption. 

Abandonment   or   neglect   of   child,    compelling   parent   to   work   and   paying   pro- 
ceeds to   custodian  of  child,  p.   197,  §  273h. 
Adoption.     See   Adoption. 
Custod}',  services  and  earnings,  right  to  as  between  father  and  mother,  p.  109, 

§  197. 
Custody,   services  and    earnings,    right    to,    on    death,    desertion    or    neglect    of 

parent,   p.   109,  §  197. 
Nonsupport   of   child,    abandonment    or   neglect    is    prima    facie    willful,    p.    197, 

§  270e. 
Nonsupport  of  child,   evidence   of  parentage,   p.   197,  §  270e. 
Nonsupport  of  child,  fine  imposed  for  may  be  paid  to  custodian  of  child,  p.  197, 

§  270d. 
Nonsupport  of  child,  rule  as  to  privileged  communications  between  husband  and 

wife  does  not  apply,  p.   197,  §  270e. 
Orphans.      See   Orphans. 
Wages,    assignment   of   by   child,   written   consent   of   parent   necessary,   p.    152, 

§  955. 

PARIS  GREEN. 

Fraud  in  sale  of,  repeal  of  act  relating  to,  p.  1651,  Act  2614. 
Sale  of  as  insecticide,  regulation  of,  p.   827,   Act  48. 

PARKS.      See  California  Redwood  Park;   Panama-California  Exposition. 

Acquisition  of  by  cities  or  counties  and  forming  assessment  dislrict.s  for,  p.  1725, 

Act   2884. 
Bonds  for  acquisition  of,   act  of  1911   rtlating  to,  p.  950,  Act  :J90. 
Tax  for  by  cities,  p.   1563,  Act  2389a. 


2510  INDEX. 

PAROLE.      See  Parole  Commissioners. 
Prisoners.      See  Prisoners. 
Psychopathic  parole  act.      See  Insane  Asylums. 

PAROLE  COMMISSIONERS. 

Act  of  1893  establishing  board  of,  repealed,  p.  1651,  Act  2619. 

Act   of   1913,   relating   to,   p.    1651,   Act  2619a. 

County,   amendment  of  act  of   1909,   relating  to,   p.   1652,   Act   2620. 

State  schools  and  reformatories,  parole  headquarters  for,  p.  1653,  Act  2621. 

PARTIES.      See  Death;  Insane  Persons. 
Infants  as.      See  Infants. 
Insane  person   as.      See   Insane  Persons. 

Joinder  of  in  action  to  enforce  mechanic's  lien,  p.  56,  §  1195. 
Married  woman  as.      See  Married  Women. 

Married  woman  as,  husband  must  be  joined  when  and  when  not,  p.  14,  §  370. 
Particular  proceeding.      See  particular  title. 

Political,  choosing  delegates  to  state  conventions,  p.  1084,  Act  1010. 
Place  of  trial  where  person   improperly  joined  as   a  defendant,   p.   16,  §  395. 
Political,   election  of  parly  county  central  committees,  p.   1084,   Act  1010. 

PARTITION. 

Attorney  appointed  to  represent  party  allowed  reasonable  compensation  tax- 
able as  costs,  p.  34,  §  763. 

Conveyance  by  cotenant  pending,   effect  of,   p.   36,  §  766. 

Death   pending  proceedings,    effect   of,   p.   36,  §  766. 

Improvements  by  tenant,  rights  where  site  of  city  included  in  property,  p.  34, 
§  763. 

Judgment  confirming  report,  protection  of  rights  of  persons  not  in  being, 
p.   36,  §  766. 

Judgment  on  report  of  referee,  upon  whom  binding,  p.   36,  §  766. 

Judgment  on  report   of  referee,   conclusiveness  of,  p.   36,  §  766. 

Judgment   to  be  entered  on   confirmation  of  report  of  referee,  p.   36,  §  766. 

Partial   distribution   of   estate,    on,   p.    86,  §  1661. 

Proceedings  where  parly  dies  or  becomes  incompetent,  p.   34,  §  763. 

Proceedings  where  site  of  city  or  town  included  within  interior  limits  of  prop- 
erty,  p.   34,  §  763. 

Referees,   new,   appointment   of,   p.   34,  §  763;   p.   36,  §  766. 

Referees,    one  to  be  appointed,  when,  p.   34,  §  763. 

Referees,    qualifications  of,  p.  34,  §  763. 

Referees,   report  may  be   confirmed,   modified,   or   set   aside,   p.   36,  §  766. 

Referees,    single    referee,    powers   and   duties    of,   p.    34,  §  763. 

Referees,    three   to   be   appointed,   p.    34,  §  763. 

Report  may  be  confirmed,  changed,  modified  or  set  aside,  p.  34,  §  763;  p.  36, 
§  766. 

Sale  of  property  when  ordered  where  site  of  city  or  town  included  in  property, 
p.  34,  §  763. 

Sale,  when  ordered,  p.  34,  §  763. 

Unknown  or  unascertained  owners,  rights,  how  protected,  p.  34,  §  763;  p.  36, 
§  766. 

PARTNERSHIP. 

Fictitious  names,   certificate,  contents  of,  p.  178,  §  2466. 


INDEX.  2511 

PARTNERSHIP   (Continued). 

Fictitious  names,  certificate,    failure    to    file,    cannot    maintain    action,    p.     178, 

§  2468. 

Fictitious  names,  certificate,   filing  with  county   clerk,   p.    178,  §§  2466,   2468. 

Fictitious  names,  certificate,   publication   of,   p.   178,  §  2466. 

Fictitious  name,  certificate,     signature     to     and     acknowledgment     of,     p.     178, 

§  2468. 

Fictitious  names,  county  clerk  to  keep  register  of,   p.   179,  §  2470. 

PARTRIDGES.      See  Game  Laws. 

PASADENA. 

Charter  of,  p.  1654,  Act  2627. 

PASSENGER  CARRIERS.      See  Baggage.. 

PASSES.      See  Railroad  Commissioners;   Public  Utilities,  II. 

PATENT.      See   State  Lands. 

PAWNBROKERS. 

Regulation  of  rate  of  interest  that  can  be  charged  by,  p.  1655,  Act  2637. 

PEACE  OFFICERS.      See  Police. 

PENALTIES.      See  Public  Utilities,   11. 

PENSIONS.      See  Firemen. 

Old  age,  investigation   as  to  system  of  and  report  on,  p.  1656,  Act  2642. 

Teachers,  for,  act  regulating,  p.  1657,  Act  2643. 

Teachers,  repeal  of  act  of  1895,  relating  to,  p.  1922,  Act  3570. 

PERCH.      See  Game  Laws. 

PERJURY.     False  oath  before  election  officer  is,  p.  342,  §  1077. 

False   statement  in  report  by  foreign  banks,   p.  918,  Act  297,  §  130. 
False  statements  in  special  reports  to  superintendent  of  banks,  p.  918,  Act  297, 
§  130a. 

PERSONAL  PROPERTY. 

Banks,   power  to  deal  in.      See   Banks  and  Banking. 
Lien  on  for  services  performed,  p.  183,  §  3051. 

PETALUMA. 

Charter  of  city  of,  p.  1663,  Act  2650. 

PETROLEUM. 

Pipe-lines.      See  Pipe-lines. 

PHARMACY.      See  California  State  Board  of  Pharmacy. 
PHEASANTS.      See  Game  Laws. 


2512  INDEX. 

PHYSICIANS.      See  Medicine. 

Contagious  diseases,  duty  of  physician  in  case  of,  p.  510,  §  2979a. 
Dentistry.      See  Dentistry. 

Occupational  diseases,  duty  of  physician  to  report,  p.  1706,  Act  2827. 
Privileged  communications  between  physician  and  patient,  p.   96,  §  1881. 
Privileged:^  communication  between  physician  and  patient,   who  may  waive  privi- 
lege in  action  for  death,  p.  96,  §  1881. 

PILOTS. 

San  Diego  harbor,  for.      See  San  Diego  Harbor. 

Wilmington  and  bay  of   San  Pedro,   for,   repeal  of  act  relating  to,  p.   1663,   Act 

2672. 
Governor  appoints  pilot  commissioners  and  pilots,  p.  291,  §  368. 

PIMPING. 

Definition  of,  p.  1058,  Act    866. 

Evidence,  competency  of  on  prosecution  for,  p.  1058,  Act  866. 

Punishment  of,  p.  1058,  Act  866. 

PIONEERS.      See  California  Pioneers. 

PIPE-LINE  CORPORATIONS.      See  Public  Utilities,  II. 

Combinations  between  and  railroads  declared  to  be  illegal,  p.  1622,  Act  2560. 
Common  carriers,  declared  to  be,  p.  1620,  Act  2559. 
Licenses  for,   fees  for,  p.  1614,   Act  2558. 
License  required  to  maintain,  p.   1614,  Act  2558. 
Private,   not  to  be  built,   p.    1614,   Act   2558. 

Railroad  commission,  authority  as  to,  p.  1614,  Act  2558;  p.  1620,  Act  2559. 
To  become   common   carriers  or  to  procure  license   and  pay  fees,   p.   1622,  Act 
2560. 

PISMO  CLAMS.      See  Game  Laws. 

PLACE  OF  TRIAL.      See  Venue. 

Dismissal  of  actions  after  transfer  for  nonpayment  of  fees,  p.  26,  §  5811j. 
Filing   anew   transferred   pleadings   without   fee   where   action   dismissed,    p.    26, 
§  581b. 

PLACER  COXTNTY. 

Assessor,  field  deputy,  appointment  and  salary,  p.  755,  §  4260,  subd.  7. 
Assessor,  salary  of,  p.  755,  §  4260,  siibd.  7. 

Assessor  to  make  annual  verified  statement  of  receipts,  p.  757,  §  4260,  subd.  17. 
Auburn  is  county  seat  of,  p.  563,  §  3924. 
Auditor,  salary  of,  p.  755,  §  4260,  subd.  4. 
Boundaries  of,  p.  563,  §  3924. 
Classification  of,  p.  568,  §  4006. 

Constable  to  make  annual  verified  statement  of  receipts,  p.  757,  i  4260,  subd.  17. 
Constables,  fees,  expenses  and  mileage,  p.   755,  §  4260,  subd.   14. 
Coroner,  fees  of,  p.  755,  §  4260,  subd.  9. 

Coroner  to  make  annual  verified  statement  of  receipts,  p.  757,  §  4260,  subd.  17, 
County  clerk,  deputy,  appointment  and  salary,  p.   754,  §  4260,  subd.  1. 
County  clerk,  salary  and  allowances,  p.  754,  §  4260,  subd.  1. 

County   clerk,    to   make    annual   verified   statement   of   receipts,   p.    757,  5  4260, 
Bubd.  17. 


INDEX.  2513 

PLACEE  COUNTY  (Continued). 

District  attorney,  deputy,  appointment  and  salary,  p.  755,  §  4260,  subd.  8. 

District  attorney,  salary  of,  p.  755,  §  4260,  subd.  8. 

District  attorney  to  make  annual  verified  statement  of  receipts,  p.  757,  §  4260, 

subd.  17. 
Fish  and  game  warden,  salary  and  expenses  of  and  how  paid,  p.  594,  §  4149d. 
Jurors,  grand,  fees  and  mileage  of,  p.  757,  §  4260,  subd.  16. 
Jurors,   trial,  fees  and  mileage,  p.  757,  §  4260,   subd.   16. 
Justices,  fees  and  allowances  of,  p.  755,  §  4260,  subd.  13. 

Justices  to  make  annual  verified  statement  of  receipts,  p.  757,  §  4260,   subd.  17. 
Population  of.  p.   566,  §  4005c. 
Public    administrator    to    make    annual    verified    statement    of    receipts,    p.    757, 

§  4260,  subd.  17. 
Public  administrator,  fees  of,  p.  755,  §  4260,  subd.  10. 
Recorder,  copyists,   appointment  and  salaries,  p.'  754,  §  4260,   subd.  3. 
Recorder,   fees,   what   proportion   to   pay    to   treasury   and   what    proportion    may 

retain,  p.  754,  §  4260,  subd.  3. 
Recorder,  salary  of,  p.  754,  §  4260,  subd.  3. 

Recorder  to  make  annual  verified  statement  of  receipts,  p.  757,  §  4260,   subd.  17. 
Registrar  of  voters,   salary,   fees,   allowances,   deputies  and  assistants,  pp.   598, 

601,  §  4149e. 
Sheriff,  salary  of,  p.  754,  §  4260,  subd.  2. 
Sheriff    to    make    annually    a    verified    statement    of    receipts,    p.    757,  §  4260, 

subd.  17.  «*• 

Superintendent    of    schools,    deputy,    appointment    and    salary,    p.    755,  §  4260, 

subd.  11. 
Superintendent  of  schools,  office  hours,  p.  755,  §  4260,  subd.  11. 
Superintendent  of  schools,  salary  and  expenses  of,  p.  755,  §  4260,  subd.  11. 
Supervisors,    compensation   and   mileage   as   road   commissioner,   p.    756,  §  4260, 

subd.  15. 
Supervisors,  salary  and  mileage  of,  p.  756,  §  4260,  subd.  15. 
Surveyor,  compensation  and  expenses,  p.  755,  §  4260,  subd.  12. 
Tax  collector,  salary  of,  p.  754,  §  4260,  subd.  6. 
Tax    collector,    to   make   annual   verified   statement   of   receipts,   p.    757,  §  4260, 

subd.  17. 
Treasurer,  salary  of,  p.  755,  §  4260,  subd.  5. 

PLACEEVILLE. 

County  seat  of  El  Dorado  county,  p.  564,  §  3927. 

PLATE  GLASS  INSURANCE  COMPANIES. 

Capital  stock  required  of,  p.  307,  §  594,  subd.  16. 

What  included  in  plate  glass  insurance,  p.  309,  §  594,  subd.  7. 

PLAYGROUNDS. 

Acquisition  of  by  cities  or  counties   and  forming  assessment   districts,   p.   1725, 

Act  2884. 
Bonds  for  acquisition  of,  act  of  1911    relating  to,  p.  950,  Act  390. 

PLEADINGS. 

Amendments,  service  of  on  party  cpfaulfiiig,  or  not  appearing,  p.  30,  §  050. 
Particular  action,   in.      See  particular   title. 

158 


2514  INDEX. 

PLEDGES. 

Shares  of  stock  in  name  of  pledgee,  how  represented,  p.  114,  §  313. 

PLOYiSE.      See  Game  Laws. 

PLUMAS  COUNTY. 

Assessor,  salary  of,  p.  806,  §  4280,  subd.  7. 

Auditor,  salary  of,  p.  806,  §  4280,  subd.  4. 

Classification  of,  p.  569,  §  4006. 

Constables,  fees  of,  p.  806,  §  4280,  subd.  14. 

Coroner,  fees  of,  p.  806,  §  4280,   subd.  9. 

County  clerk,  salary  of,  p.  806,  §  4280,   subd.  1. 

District  attorney,  salary  of,  p.  806,  §  4280,  subd.  8. 

Fish  and  game  warden,  salary  and  expenses  and  how  paid,  p.  594,  §  4149d. 

Justices,  fees  of,  p.  806,  §  4280,  subd.  13. 

License  collector,  percentage  on  licenses  collected,  p.  806,  §  4280,  subd.  16. 

Population  of,  p.  566,  §  4005c. 

Public  administrator,  fees  of,  p.  806,  §  4280,  subd.  10. 

Recorder,  salary  of,  p.  806,  §  4280,  subd.  3. 

Registrar   of   voters,    salary,    fees,    allowances,    deputies    and    assistants,    p.    601, 

§  4149e. 
Sheriff,  salary  of,  p.  806,  §  4280,   subd.  2. 

Superintendent  of  schools,  salary  and  expenses  of,  p.  806,  §  4280,  subd.  11. 
Supervisors,  compensation  and  mileage,  p.  806,  §  4280,   subd.  15. 
Supervisors,   mileage   as   road   commissioners,   p.   806,  §  4280,   subd.  15, 
Surveyor,  fees  of,  p.  806,  §  4280,   subd.  12. 
Tax  collector,   salary  of,  p.  806,  §  4280,   subd.  6. 
Treasurer,  salary  of,  p.  806,  §  4280,   subd.  5. 

POISONS. 

Paris  green,  repeal  of  act  to  prevent  fraud  in  sale  of,  p.  1651,  Act  2614.      See 

Paris  Green. 
Regulation  of  sale  of,  p.  1664,  Act  2724, 

POLICE. 

Peace  officers,  are,  p.  234,  §  817. 

Rules   governing   oflScers,    trial   of,    penalties   and   right   of   appeal,   p.    1670,    Act 

2737. 
What  officers  are  peace  officers,  p.  234,  §  817. 

POLICE  COURTS. 

Cities  of  first  and  one-half  class,  act  of  1913  relating  to,  p.  1674,  Act  2741a. 
Cities  of  first  and  one-half  class,  repeal  of  act  of  1901  relating  to,  p.  1674,  Act 

2741. 
Offenses  need  not  be  prosecuted  by  indictment  or  information,  p.  232,  §  682. 

POLLS.      See  Elections. 

POMONA. 

Charter  of,  p.   1684,  Act  2746. 

POOL-SELLING. 

Prohibition  of  and  punishment  for,  p.  200,  §  337a. 

Liability  of  owner  of  premises  where  carried  on,  p.  200,  §  3378. 


INDEX.  2515 


POPtriiATION. 

Counties,  of,  p.  565,  §  4005c. 

Counties.      See  particular  county. 

Townships,   of,  how  determined,   p.   571,  §  4014, 

Townships.      See  Townships. 

PORT  WARDENS. 

Governor  appoints,  when,  p.  292,  §  368. 
Number  and  appointment  of,  p.  499,  §  2501, 

POSTPONEMENTS.      See  Continuance. 

POUNDMASTER. 

Constable  acting  as,  fees  of,  p.  603,  §  4187, 
Constable,  when  to  act  as,  p.  603,  §  4187. 

POWER.      See  Electricity;  Power  Companies. 

Appropriation   of  water  for  generation   of,   repeal  of  act  of  1911   for  regulation 

of,  p.  2329,  Act  4350. 
Limit  of  time  for  appropriation  of  water  for  development  of,  p.  1G2,  §  1410. 

POWER  COMPANIES. 

Provision  giving  lien  to,  repealed,  p.  52,  §  1183a. 

POWERS  OF  ATTORNEY.      See  Agency. 

PRACTICE. 

Bills  of  exception.      See  Bills  of  Exception. 

Criminal.      See  Criminal  Practice. 

Particular  proceeding,    in.      See   particular   title. 

Preference  of  causes  arising  under  public  utility  act  on  court  calendar,  p.  1783, 

Act  2886,  §  69. 
Rules  of  court.      See  Rules  of  Court. 

PREFERENCE. 

Causes  arising  under  public  utility  act,  preference  of  on  court  calendars,  p.  1783, 
Act  2886,  §  69. 

PRESIDENT.      See   Elections. 

Presidential  primary  election  law,  p.  2240,  Act  4232. 

Provision   for  expression  by  electors  of  choice  for,  p.  2240,  Act  4232, 

PRESIDENTIAL  ELECTORS. 

Nomination  of,  provision  for,  p.  1084,  Act   1010. 

PRESTON  SCHOOL  OF  INDtTSTRY. 

Act  relating  to  superseded  as  to  commitments,  p.  1C85,   Act  2753. 
Transfer  of  inmates,  p.  1685,  Act  2758. 

PRIEST. 

Privileged  communicationB  between  priest  and  parishioner,  p.  96,  §  1881. 

PRIMARY  ELECTIONS.      See  Elections. 

PRINTER. 

State.      See  State  Printer. 


2516  INDEX. 

PRINTING.      See  Superintendent  of  State  Printing. 

PRISONERS.      See  Jails. 

Allowance   to  sheriff  for  expenses  of  pursuing,   feeding  or  transporting,   p.   816, 

§  4290. 
Convicts,  attempt  to  extort  from  a  misdemeanor,  p.  230,  §  650a. 
Convicts,  exposure  of,  a  misdemeanor,  p.  230,  §  650a. 
Female,  in  county  jails.      See  Jails. 

Indemnity  to  persons  erroneously  convicted  of  felonies,  p.  1050,  Act  740. 
Parole,   attempt  to  extort  from  a  misdemeanor,  p.  230,  §  650a. 
Parole  commissioners.      See   Parole   Commissioners. 
Parole,   exposure  of  a   misdemeanor,   p.   230,  §  650a. 
Punishment,  cruel,  forbidden,  p.  232,  §  681. 
Punishment,  what  methods  of  forbidden,  p.  232,  §  681. 

Supervisors  providing  for  working  of  prisoners,  p.  581,  §  4041,  subd.  29. 
Transfer  of  to  California  State  Reformatory,  p.  1012,  Act  512. 
Witness,    prisoner    as,    discretion    of   court   as    to    ordering   attendance,    p.    252, 

§  1333. 
Witness,  prisoner  as,  proceedings  in  obtaining  attendance,  p.  252,  §  1333. 

PRISONS.      See   California   State  Reformatory;    Jails;    Preston   School   of   Industry; 
Prisoners;   State  Prisons;  Whittier  Slate  School. 

PRIVILEGED  COMMUNICATIONS. 

Comments  of  grand  jury  in  report  are  not  privileged,   p.  237,  §  928. 
Communications  between  what  persons  are,  p.  96,  §  1881. 

Husband  or  wife,  competency  of  as  witnesses  in  criminal  actions,  p.  96,  §  1881; 
p.  251,  §  1322. 

PRIVILEGE  OF  WITNESSES.      See  Witnesses. 

PROBATE    PROCEEDINGS.      See    Estates    of   Decedents;    Executors    and   Adminis- 
trators; Wills. 

PROBATION.      See  Juvenile  Court. 

Authority  to  place  prisoner  on,  p.  245, §  1203,  subd.  1. 

Bond   on,   p.   245,  §  1203,   subd.   1. 

Conditions  of,  p.  245,  §  1203,  subd.  1. 

Conditions  of,  written   statement  of   to  be  furnished  defendant",  p.  248,  §  1203, 

subd.  9. 
Discharge  of  defendant  at  end  of  period  of  probation,  p.  246,  §  1203,  subd.  4. 
Discharge  of  prisoner  on  probation  where  conduct  justifies  it,  power  of  court, 

p.  246,  §  1203,   subd.  4. 
Dismissal   of   information   or  accusation   and   discharge   of   defendant,    effect   of, 

p.  246,  §  1203,  subd.  5. 
Fine,  suspension  of  sentence  where  judgment  is  to  pay,  p.  245,  §  1203,  subd.  2. 
Hearing  of  motion,  p.  244,  §  1203. 
Inquiry  into  antecedents,  history,  environment,  etc.,  of  defendant,  p.  247,  §  1203, 

subd.  8. 
Judgment,   extending  time   for  pronouncing  where  probation  considered,   p.   244, 

§  1191. 
Officers,   court  may  call  on  for  services,   p.  247,  §  1203,    subd.   7. 
Officer  to  have  powers  of  peace  officer,  p.  248,  §  1203,  subd.  10. 


INDEX.  2517 

PROBATION  (Continued). 

Officers,  who  to  serve  as,  under  statute  providing  for  pro'bation,  p.  247,  §  1203, 

subd.  6. 
Placing  defendant  on,  discretion  of  court',  p.  245,  §  1203,   subds.   1,    2, 
Placing  defendant  on,  proceedings,  p.  245,  §  1203,  subds.  1,  2. 
Psychopathic  parole  act.      See  Insane  Asylums. 
Rearrest  of  defendant,  grounds  of,  p.  246,  §  1203,  subd.  3. 
Rearrest  of  defendant,  judgment  after,  p.   246,  §  1203,   subd.   3. 
Record   of   case,   duty   of  probation   officer   to   keep   and   what    to    show,    p.    247, 

§  1203,  subd.  8. 
Records  of  probation  officer,  books  for  to  be  furnished  by  county,  p.  247,  §  1203, 

subd.  8. 
Records  of  probation  otiieer  part  of  records  of  case,  p.  247,  §  1203,  subd.  8. 
Records  of  probation  officer,  right  to  inspect,  p.  247,  §  1203,  subd.  8. 
Referring  case  to  probation  officer  for  investigation  and  report,  p.  244,  §  1203. 
Report  of  officer,  to  whom  case  referred,  as  to  probation,  p.  244,  §  1203;  p.  247, 

§  1203,  subd.  8. 
Reports,  officers,  copies  to  whom  furnished,  p.  248,  §  1203,  subd.  8a. 
Reports,   officers,  what  to   show,  p.   248,  §  1203,   subd.   8a. 
Reports,  officers,  when  to  make,  p.  248,  §  1203,  subd.  8a. 
Reports,  (Officers,  with  whom  filed,  p.  248,  §  1203,  subd.  8a. 
Revoking  or  modifying  order  of  suspension  of,  p.  246,  §  1203,   subd.  4. 
Suspending  sentence  and  placing  defendant  on  probation,  p.  244,  §  1203. 
Suspending  sentence  pending  investigation  by  probation  officer,  p.  244,  §  1203. 
Suspension  of  sentence,  authority  of  court  as  to,  p.  245,  §  1203,   subds.  1,   2. 
Termination  of  period  of  and  discharge  of  defendant,  p.  246,  §  1203,  subd.  4. 
Transfer  of  case,  power  of  judge  of  court  to  which  transferred,  p.  247,  §  1203, 

subd.  7. 
Transfer  of  case   to   county  where   defendant   resides   or  to   which  he  removes, 

p.  247,  §  1203,  subd.  7. 
Violations  of  terms  of,  officer  to  report,  p.  248,  §  1203,  subd.  9. 
Withdrawal   of   plea    of   guilty,    setting   aside   verdict   and   dismissing   indictment 

where  conditions  fulfilled,  p.  246,  §  1203,  subd.  5. 

PEOCEDUEE. 

Criminal.      See  Criminal  Procedure. 

PROCESS.      See  Public  Utilities;   Summons. 

Constable  of  township  to  serve,  when,  p.  603,  §  4189. 

Deed    executed   under    court    process    as    evidence    of    transfer    of    title,    p.    98, 

§  1928. 
Issuance  and  return  of  in  justices'  courts  in  townships  of  two  hundred  and  fifty 

thousand,  p.  45,  §§  100,  101,  102. 
Issuance,    service   and   filing   of   on    Saturday   afternoon,   p.    1,  §  10;    p.    103,  §  7; 

p.  259,  §  10. 
Mileage  to  sheriff  for  service  of,  p.  816,  §  4290. 

PEODUCTION  OF  DOCUMENTS. 

Before  public  utility  commis.sion.      See  Public  Utilities,  II. 

PEOSTITUTION.      See  Pandering;  Pimping. 

Houses  of,  abatement  of  as  nuisances,  p.  1C87,  Act  2798. 
Houses  of,  declared  nuisances,  p.  1687,  Act  2798. 


2518  INDEX. 

PROTECTION  DISTRICTS.      See  Levee  Districts;   Overflow  Districts;   Reclamation 
Districts;   Storm  Water  Districts. 
Assessments   on   property   benefited   to   pay   expenses,    supervisors    authorized   to 

levy,  p.  1689,  Act  2804. 
District  No.  10  of  Yuba  county,  dissolution  of,  p.  1822,  Act  2938. 
Formation  of,  act  providing  for,  p.  1689,  Act  2804. 

PROTEST. 

Payment  of  taxes  under.      See  Taxation. 

PROXIES.      See  Corporations. 

PUBLIC  ADMINISTRATORS. 

Burial  expenses,  no  fee  for  services  in  proceedings  for  order  relating  to,  p.  91, 

§  1726a. 
Burial  expenses,  order  for  sale  of  property  or  withdrawal  of  bank  deposit',  etc., 

p.  91,  §  1726a. 
Burial    expenses,    statement    as    to    receipt    and    disbursements    with    vouchers, 

p.  91,  §  1726a. 
Consolidation  of  offices  of  public  administrator  and  coroner,  p.  571,  §  4017. 
Consolidation  of  offices  of  sheriff  and  public  administrator,  p.  571,  §  4017. 
County  officer,  is,  p.  570,  §  4013. 

Deposit   of   funds   of   decedent   in   savings   bank  by,   p.   900,   Act   297,  §  68%. 
Deposit  of  funds  by  with  trust  company  under  order  of  court'  and  withdrawal  of, 

p.  907,  Act  297,  §  92. 
Deposits  of  decedents  in  savings  banks,  may  permit  to  remain,  p.  900,  Act  297, 

§  68%. 
Deposits  of  decedents  in  savings  banks,  withdrawal  of,  p.  900,  Act  297,  §  68%. 
Moneys  of  decedent  in   savings  bank,   right  to  draw  against,  p.   900,  Act  297, 

§  68%. 
No  administration  on  estate  under  seventy-five  dollars,  p.  91,  §  1726a. 
Particular  county,  of.      See  particular  title. 
Statement  as  to  receipts  and  disbursements,  p.  91,  §  1726a. 

PUBLICATION. 

Summons,    of.      See    Summons. 

PUBLIC  BUILDINGS.      See  Public  Works. 

Acquiring  site  by  city  and  donating  to  state  for,  p.  1705,  Act  2822c. 

Cities  and  counties  authorized  to  join  in  constructing,  p.  1698,  Acts  2821,  2822. 

Contract   on  behalf   of   state  in   relation   to,   amendments  of  act  of   1909   relating 

to,  p.   1812,  Act  2901. 
Liability  of  officers  for  injuries  from  defects  in,  p.  1611,  Act  2554. 
State  building  in  San  Francisco,  construction,  erection,  equipment  and  furnishing 

of,  p.   1703,  Act  2822b. 
State   building   in    San   Francisco,   provisional   repeal  of  act  relating  to,  p.  IfiO-^. 

Act  2819. 
State  building  in  San  Francisco,  submission  of  issuance  of  bonds  for  to  pcopic 

p.  1699,  Act  2822a. 

PUBLIC  HEALTH.      See  Animals;  Board  of  Health;   State  Board  of  Hoaltli:   W'ai-.v 
Companies. 
Adulteration.      See  Adulteration. 


INDEX.  2519 

PUBLIC  HEALTH   (Continued). 

Animals,   importation  of.      See  Animals, 

Burial.      See   Cemeteries. 

Cemeteries.      See  Cemeteries. 

Cold  storage.      See  Cold  Storage. 

Contagious  diseases,  duty  in  case  of,  p.  510,  §  2979a. 

Contagious  diseases,  powers  and  duties  of  coroner,  physicians,  nurses  and  boards 

of  health,  p.  510,  §  2979a. 
Contagious    or    infectious    diseases,    investigation    and    suppression    of,    p.    1718, 

Act  2836a. 
Contagious   or  infectious  diseases,  prevention  of  introduction   of,   p.   1718,   Act 

2836a. 
Health  officer  of  particular  county.      See  particular  title. 
Occupational  diseases,  duty  to  report,  p.   1706,  Act  2827. 
Quarantine.      See   Quarantine. 
Sanitary  districts.      See  Sanitary  Districts. 

Sewage,  regulation  of  deposit  of  in  waters,  p.  1707,  Act  2830. 
Stale  board  of  health.      See  State  Board  of  Health. 
Tax,   sanitary,  power  of  supervisors  to  levy,  p.  583,  §  4041,  subd.  38. 
Tax,  sanitary,  purposes  for  which  used,  p.  583,  §  4041,  subd.  38. 
Tuberculosis,  appropriation  to  carry  out  act  for  investigation  of,  etc.,  p.  1722, 

Act  2844a. 
Tuberculosis,    dissemination   of   knowledge   as   to   means   of  preventing,   p.    1722, 

Act  2844a. 
Tuberculosis,   establishment   and   maintenance   of   department    under   state   board 

of  health,  p.  1722,  Act  2844b. 
Tuberculosis,   investigation  of  prevalence  of,  p.  1722,  Act  2844a. 
Vaccination  of  all  school  children,  provision  for,  p.  1716,   Act  2840a. 
Vaccination,    repeal    of    act    of    1889    relating    to,    pp.    1715,    1716,    Acts    2840, 

2840a. 
Wiping  rags,  regulation  of  use  of,  p.  1720,  Act  2840b. 

PUBLIC  LANDS.      See  State  Lands. 

Death  of  applicant  before  patent  issued,  proceedings  to  determine  who  are  heirs, 

p.  90,  §  1724. 
Patent,  certified  copy  of,  effect  of,  p.  546,  §  3571. 

PUBLIC  LIBRAEIES.      See  Free  Libraries. 

PUBLIC  OFFICERS.      See  Offices  and  Officers. 

PUBLIC  PARKS.      See  California  Redwood  Park;  Parks. 

PUBLIC  SERVICE  COEPOEATIONS. 

Rates,   for  long  and  short  distance  service  by  telegraph   corporations,   p.    1749, 

Act   2886,  §  24b. 
Taxation    of   for   benefit   of    state,   p.   2151,    Act   4065. 

PUBLIC  USE.      See  Eminent  Domain. 

Irrigation  declared  to  be,  p.  1347,  Act  1732c. 


2520  INDEX. 

PUBLIC  UTILITIES.      See  Municipal  Corporations. 

I.     Generally. 
Appropriation    for   purposes    of    carrying    out   provisions    of   public    utility    act, 

p.   1798,  Act  2887. 
Municipal  corporations,   election  on  question  of  surrendering  control  of  utilities 

to  commission,  p.  1790,  Act  2886a. 
Municipal    corporations,    election    on    reinvesting    control    of   public    utilities    in, 

p.  1790,   Act  2886a. 
Municipal    corporations,    retention    of    control    of    public    utilities    by,    p.    1790, 

Act  2886a. 
Public    utility    districts,    bonded    indebtedness,    incurring    of   by,    p.    1799,    Act 

2887a. 
Public  utility  districts,  incorporation  and  organization  of,  p.  1799,  Act  2887a. 
Public  utility   districts,    powers,    management   and   government   of,   p.    1799,   Act 

2887a. 
Subjecting  vrater  companies  to  public  utilities  act,  p.  2288,  Act  4348a. 

II.     Act   of  1911. 
Accidents,  investigation  of  and  power  as  to,  p.  1757,   Act  2886,  §  44. 
Accidents,   reports  of   and  orders   and  recommendations  as   to  not   admissible   in 

evidence,  p.  1757,  Act  2886,  §  44. 
Accidents,  reports  of,  filing  with  commission,  p,  1757,  Act  2886,  §  44. 
Accounts,  commissioners  and  employees  may  inspect,  p.  1776,  Act  2886,  §  58. 
Accounts,  depreciation,  p.  1766,  Act  2886,  §  49. 
Accounts,  establishing  a  system  of,  p.   1765,  Act  2886,  §  48. 
Accounts,   general  supervision  over,  p.   1765,  Act  2886,  §  48. 
Acquiring  public  utility  by  city,  county  or  municipal  water  district,  procedure, 

p.  1759,  Act  2886,  §47. 
Actions   accruing  under  certain  prior  laws  not  to  abate  because  of  public  utility 

act,  p.  1789,  Act  2886,  §  83b. 
Actions   against    utilities    under    other    laws    not    affected    by    public    utility    act, 

p.  1785,  Act  2886, §  74. 
Actions  by  commission,  appeal  from  judgment,  p.  1786,   Act  2886,  §  75. 
Actions  by  commission,  judgments  in,  p.  1786,  Act  2886,  §  75. 
Actions  by  commission,  procedure,  p.  1786,  Act  2886,  §  75. 
Actions  by  commission,  right  to  institute,  p.   1786,  Act  2886,  §  75. 
Actions  by  commission,  venue  of,  p.   1786,  Act  2886,  §  75. 
Actions,  compromise  or  discontinuance  of,  p.  1788,  Act  2886,  §  80. 
Action  for  penalties,   how  prosecuted,   p.   1788,   Act  2886,  §  80. 
Actions   for   penalties   no   bar   to   criminal   prosecution   or   contempt    proceedings, 

p.   1786,   Act  2886,  §  74b. 
Action  for  penalties  no  bar  to  recovery  of  other  penalties,  p.  1786,  Act  3886, 

§  74b. 
Action  for  penalties,  procedure,  p.  1788,  Act  2886,  §  80. 
Actions  for  penalties,  where  brought,  p.   1788,  Act  2886,  §  80.      ' 
Actions  pending  not  affected  by  act,  p.   1789,  Act  2886.  §  83a. 
Act  of   1911,   effect   of   on   pending   actions   or   proceedings   or   causes   of   action, 

p.  1789,  Act  2886,  §§  83a,  83b. 
Act  1911,  how  far  a  continuation  of  prior  act,  p.   1789,   Act  2886,  §  83d. 
Appeal  to  supreme  court  from  order  or  decision  of  commission,  right  of  and  pro- 
cedure, p.  1780,  Act  2886,  §  67. 


INDEX.  2521 

PUBLIC  UTILITIES   (Continued). 

Appeal  to  supreme  court,  grounds  not  set  forth  in  petition  for  rehearing  cannot 

be  urged,  p.   1780,  Act  2886,  §  66. 
Appeal  to  supreme  court,  pendency  does  not  suspend  order  or  decision,  p.  1781, 

Act  2886,  §  68   (a). 
Appeal   to   supreme   court',   suspension   of   order   or  decision,   bond,   p.    1781,   Act 

2886,  §  68c. 
Appeal    to    supreme    court,    suspension    of   order   or   decision,    disposition    of   im- 
pounded moneys  on  final  decision,  p.  1782,  Act  2886,  §  68d. 
Appeal  to  supreme  court,  suspension  of  order  or  decision,  impounding  excessive 

rates  collected,  p.  1781,  Act  2886,  §  68c. 
Appeal    to    supreme   court,    suspension    of   order   or   decree,    accounts    of   excess 

charges,  duty  to  keep  and  power  of  commission,  p.  1782,  Act  2886,  §  68d. 
Apppeal    to    supreme    court,    suspension    of    order    or    decree,    bond,    additional, 

p.   1782,   Act  2886,  §  68d. 
Appeal   to   supreme   court,   suspension   of  order  or   decree,   hearing   and   finding 

as  to  injury,  p.   1781,   Act  2886,  §  68b. 
Appeal   to    supreme    court,    suspension   of   order   or   decree,    notice   of,    p.    1781, 

Act  2886,  §  68b. 
Appeals,  rehearing.      See  post,  'Rehearing,"  this  title. 
Attorney   general,    duty   of   to    aid   in    enforcement   of   law,   p.    1785,    Act   2886, 

§  72. 
Auto-stage  lines,  fixing  rates  for,  p.  1752,  Act  2886,  §  33. 
Blanks   received   from   commission,    duty   of   public  utility   to    fill  up,    p.    1750, 

Act  2886,  §  28b. 
Bonds,  act  applies  to  all  issues  after  act  takes  effect,  p.  1772,  Act  2886,  §  52h. 
Bonds,   issuing    contrary    to    conditions,    effect    of,    p.    1770,    Act    2886,  §  52d; 

p.   1771,  §§  52e,   52f. 
Bonds,  issuing  without  permission,  effect  of,  p.  1770,  Act  2886,  §  52d;   p.  1771, 

§§  52e,   52f. 
Bonds,  right  to  issue  and  proceedings  on  issuance,  p.    1769,  Act  2886,  §§  52a, 

52b. 
Capitalization,  limit  on,  p.  1770,  Act  2886,  §  52b. 
Cars,   insufficient,   authority   as   to,   p.    1754,   Act   2886,  §  37. 
Certified  copies  of  official  documents  or  orders  as  evidence,   p.   1774,   Act  2886, 

§  56a. 
Charges  must  be  reasonable,  p.  1740,  Act  2886,  §  13a. 
Common   carriers  interchanging  traffic  facilities  with  other  carriers,  joint  rates, 

p.  1747,  Act  2886,  §  22a. 
Common   carriers,   rates  for  long  and  short  haul  by,   p.   1748,   Act   2886,  §  24a. 
Common  carriers  to  afford  proper  facilities  for  interchange  of  traffic  with  other 

carriers,  p.   1747,  Act  2886,  §  22a. 
Complaint   against,   hearing,  p.   1776,   Act  2886,  §60;   p.   1777,  §  61a. 
Complaint   against,   procedure,   p.   1776,   Act  2886,  §  60;    p.   1777,  §  61a. 
Complaint   against,   right   to   file,  p.   1776,   Act  2886,  §  60. 
Complaint   by  public  utility,  procedure,  p.  1778,  Act  2886,  §  6S. 
Complaint   by   public   utility,    right   to   file,   p.    1778,    Act    2886,  §  62. 
Condemnation  of  public  utility  by  city,  county  or  municipal  water  district,  right 

of  and  procedure,  p.  1759,  Act  2886,  §  47. 
Connecting  railroad  corporation,   switching  cars  of,  p.   1755,   Act  2886,  §  .TDb. 
Connections  between   telegraph  or  telephone  lines,  ordering,   p.   1756,   Act  2886, 

!  40. 


2522  INDEX. 

PUBLIC  UTILITIES   (Continued). 

Coiuiections  between  tracks  of  railroads  or  street   railroads,   ordering,  p.   1755, 

Act  2886,  §  38. 
Connections   between    tracks    of   railroads    or    street   railroads,    refusal    to    make, 

proceedings,  p.   1755,   Act  2886,  §  38. 
Consolidation  of  utilities,   approval  of  commission  necessary,  p.  1768,  Act  2886, 

§  51a. 
Constitutionality   of    act,    effect    of    declaring    section    unconstitutional    on    other 

sections,  p.  1789,  Act  2886,  §  84. 
Construction    work    affecting    existing    utility,    power    of    commission,    p.    17G6, 

Act   2886,  §  50a. 
Construction   work,   issuance  of   certificate,   hearing  before   commission,   p.   1767, 

Act  2886,  §  50c. 
Construction    work,    necessity   of    approval    of    commission,    p.    1766,    Act    2886, 

§  50a. 
Contempt,  failure  to  obey  order  or  requirement  of  commission   is,  p.   1788,   Act 

2886,  §  81. 
Contempt,   power  to  enforce  orders  and  compel  obedience  by,  p.  1773,  Act  2886, 

§  54. 
Contempt,   punishment  of,  p.   1788,  Act  2886,  §  81. 
Contempt,    recovery    of    damages    against    utility    does    not    affect    liability    for, 

p.   1785,   Act   2886,  §  73b. 
Contempt,   recovery   of  penalties   no  bar  to  proceedings  for,   p.   1786,   Act   2886, 

§  74b. 
Contempt,   remedy  cumulative,  p.    1788,  Act  2886,  §  81. 

Copies  of  maps,  contracts,  reports,  accounts,  records,  etc.,  to  be  furnished  com- 
mission as  required,  p.   1751,  Act  2886,  §  28c. 
Corporations,   other   than   public  utilities,   penalty  for  offenses  by,  p.    1787,   Act 

2886,  §  78. 
Courts   cannot   review,   annul  or  interfere  with  any  order  or  decree   of   commis- 
sion, p.   1781,  Act  2886,  §  67. 
Criminal  prosecutions,  recovery  of  penalties  no  bar  to,  p.  1786,  Act  2886,  §  74b. 
Crossings,    alteration  or  abolition  of,  p.  1757,  Act  2886,  §  43b. 
Crossings,   manner  of  making,   p.   1757,   Act  2886,  §  43b. 
Crossings,   permit  before   constructing,  p.   1757,   Act   2886,  §  43a. 
Crossings,    separation  of  grades,  p.   1757,  Act  2886,  §  43b. 
Cumulative,   penalties  under  act  are,  p.   1786,   Act  2886,  §  74b. 
Cumulative  remedies  under  public  utility  act  are,  p.   1784,   Act  2886,  §  71b. 
Damages   for   unlawful   acts   or   omissions,    liability   of   utility   for,    p.    1785,    Act 

2886,  §  73a. 
Damages,  punitive,  may  be  awarded  against  utility,  when,   p.   1785,  Act  2886, 

§  73a. 
Decision,    conclusiveness  of,  p.  1779,  Act  2886,  |  65. 
Decision,   rendition  and  service  of,  p.  1777,  Act  2886,  §  61a. 
Decision,   when  takes  effect,  and  compliance  with,   p.   1777,   Act  2886,  §  61a. 
Definitions  of  terms  used  in  act,  p.   1732,  Act  2886,  §  2. 
Demurrage,   charges  for,   p.   1758,   Act  2886,  §  45a. 
Depositions   of  witnesses,   taking  of,  p.    1774,   Act  2886,  |  56c. 
Depreciation  fund,   p.   1766,  Act  2886,  §  49. 
Discrimination  by  means  of  false  billing,  weighing,  classification,  etc.,  forbidden, 

p.   1748,  Act  2886,  §  23a. 
Discrimination    by    means    of    false    claim    for    damages   forbidden,    p.    1748,    Act 

2886,  §  23b. 


INDEX.  2523 

PUBLIC  XTTIXITIES   (Continued). 

District  attorney,  duty  to  aid  in   enforcement  of  act,  p.   1785,   Act  2886,  §  72. 
Dividends,  p.  1746,   Act  2886,  §  20. 

Documents,    power  to  compel  production  of,  p.  1773,  Act  2886,  §  55a. 
Documents,  proceedings  in  superior  court  to  compel  production  of,  p.  1773,  Act 

2886,  §  55a. 
Duty   to  enforce  provisions  of  law  not   specifically  vested  in   some  other  officer, 

p.   1785,   Act  2886,  §  72. 
Economies,  efficiencies  or  improvements  not  prohibited,  p.  1746,  Act  2886,  §  20. 
Electrical  corporations,   authority   and  power  of  commission  as  to,   p.   1758,  Act 

2886,  §  46a. 
Entrance  upon   premises  of  public  utility,  right  of,  p.   1759,   Act  2886,  §  46b. 
Equipment,    appliances,    etc.,    right    of    customer    to    have    tested,    p.    1759,    Act 

2886,  §  46c. 
Equipment,  appliances,  etc.,  testing  of  by  commission,  p.  1759,  Act  2886,  §  46b. 
Equipment  of  public  utility  corporation,  authority  of  commission  as  to,  p.  1753, 

Act   2886,  §  35. 
Equipment,    sufficient,   must   be  provided,   p.   1740,   Act  2886,  §  13b. 
Equipment,   use  of  by  another  company,   ordering,   p.   1756,  Act  2886,  §  41. 
Evidence,   certified  copies   of  official   documents,   p.    1774,   Act  2886,  §  56a. 
Examination  of  officers  or  employees  of  public  utility  under  oath,   p.   1776,   Act 

2886,  §  58. 
Exercise  of  right  or  privilege  not  heretofore  exercised,  approval  of  commission, 

p.   1767,   Act  2886,  §§  50b,   50c. 
Express    companies,    receiving,    transporting   and    delivering    packages,    p.    1758, 

Act  2886,  §  45b. 
Extensions   affecting  existing  utility,   power   of   commission,   p.   1766,   Aot   2886, 

§  50a. 
Extensions,    issuance    of    certificate,    hearing    before    commission,    p.    1767,    Act 

2886,  §  50c. 
Extensions,   necessity  of  approval  of  commission,   p.   1766,   Act  2886,  §  50a. 
False   billing,  weighing  or  classification  forbidden,  p.   1748,   Act  2886,  §  23a. 
False   claims  for  damages  forbidden,  p.  1748,  Act  2886,  §  23b. 
Fees,   disposition   of,  p.   1775,    Act   2886,  §  57. 
Fees  not  to  be  charged  public  officers,  p.  1775,  Act'  2886,  §  57. 
Fees   of,  p.  1775,  Act  2886,  |  57. 
Fines,   disposition  of,  p.   1788,  Act  2886,  |  80. 
Foreign    commerce,   act   does   not   affect,  p.   1790,   Act   2886,  §  85. 
Foreign   corporations,  conduct  of  public  utility  business,  p.  1750,  Act  2886,  §  26. 
Franchises   not   to   be   disposed   of   or  encumbered   without   permission,    p.   1768, 

§  51a. 
Freight,   demurrage,   charges  for,  p.   1758,   Act  2886,  §  45a. 
Freight,   handling  of,   rules  and  regulations  as  to,  p.    1758,   Act  288G,  §  45a. 
Freight,   loading  and   unloading,   p.    1758,    Act  2886,  S  45a. 
Fund,    railroad    commission,    appropriation    to    use   of   commission,    p.    1790,    Act 

2886,  §  86. 
Fund,  railroad   commission,   how  drawn  upon,   p.   1790,   Act   2886,  5  86. 
Gas  corporations,  authority  and  power  of  commission  as   to,   p.   1758,  Act  2886, 

§  46a. 
Hearing  on  complaint,   p.   1776,   Act  2886,  §  61. 
Hearing,   record  on,  what  constitutes,  p.   1777,   Act  2886,  §  61a. 
Hearing,   review  of,  record  of  proceeding*  what  constitute.-*,  p.  1777,   Act  2886, 

S  61a. 


2524  INDEX. 

PUBLIC   UTILITIES   (Continued). 

Hearing,   review  of,   stipulation  as  to  record  and  as  t'o  questions  to  be  consid- 
ered, p.  1777,  Act  2886,  §  61a. 
Hearing,  rules  for,  p.   1772,  Act  2886,  §  53. 
Indebtedness,    act    applies    to    all    evidences    of,    issued    after    act    takes    effect, 

p.   1772,  Act  2886,  §  52h. 
Indebtedness,  certificates  of,  right  to  issue  and  proceedings  on  issuance,  p.  1769, 

Act  2886,  §§  52a,  52b. 
Indebtedness,    evidences    of,    issuing    contrary    to    conditions    imposed,    effect    of, 

p.   1770,   Act  2886,  §  52d;   p.   1771,  §§  52e,    52f. 
Indebtedness,    evidences  of,   issuing  without  permission,    effect   of,   p.   1770,    Act 

2886,  Act  52d;  p.  1771,  §§  52e,   52f. 
Information  given   to   commission  confidential,  p.   1751,   Act   28d. 
Information   given    to    commission,    divulgence    of   a   misdemeanor,   p.    1751,    Act 

2886,  §  28d. 
Information  to  be  furnished  to  commission,  p.   1751,   Act  2886,  §  28a. 
Injunction  proceedings  where   utility   acts   in   violation   of   orders,   p.    1786,    Act 

2886,  §  75. 
Inspection   of   accounts,   books,    records,    etc.,    by    commissioners   or   employees, 

p.  1776,  Act  2886,  §  58. 
Interstate  commerce,  act  does  not  affect,  p.  1790,  Act  2886,  §  65. 
Interurban  railroads,   limitation   on  rates,   p.   1750,   Act  2886,  §  27. 
Interurban  railroads,  transfers,  p.   1750,   Act  2886,  §  27. 
Intervention  in  proceedings  before   commission,   p.    1777,   Act  2886,  §  61a. 
Mandamus,   proceedings  by,  where  utility  acts  in  violation  of  orders,   p.    1786, 

Act  2886,  §  75. 
Motive  power,  insufficient,  authority  as  to,  p.  1754,  Act  2886,  §  37. 
Municipal   corporations,   effect  of  act  on  powers  of  over  utilities,  p.  1788,   Act 

2886,  §  82. 
Municipal  corporations,  surrendering  power  over  utilities  to  commission,  p.  1788, 

Act  2886,  §  82.      See  ante,  I. 
Notes,  act  applies  to  all  issues  after  act  takes  effect,  p.  1772,  Act  2886,  §  52h. 
Notes,    issuing   contrary    to    conditions   imposed,    effect   of,   p.    1770,    Act    2886, 

§  52d;  p.  1771,  §§  52e,   52f. 
Notes,  issuing  without  permission,   effect  of,  p.  1770,  Act  2886,  §  52d;  p.  1771, 

§§  52e,  52f. 
Notes,   right   to   issue   and  proceedings   on   issuance,   p.    1769,    Act   2886,  §§  52a, 

52b. 
Oaths,   commissioners  may  administer,  p.  1773,  Act  2886,  §  55a. 
Offense,  acts  or  omissions  of  officers  or  agents  are  acts  or  omissions  of  utility, 

p.  1787,  Act  2886,  §  76c. 
Offense  by  officers  or  employees  of  corporations   other  than  utilities,   p.   1788, 

Act  2886,  §  79. 
Offense,    continuing,    each   day's   continuance    a    separate   offense,   p.    1787,    Act 

2886,  §  76a. 
Offenses   by   officers  or  employees,  penalty,  p.   17B7,   Act  2886,  §  77. 
Offenses  by  utility,  each  violation  a  separate  offense,  p.  1787,  Act  2886,  §  76a. 
Offenses   by  utility,  penalties  for,  p.   1787,   Act  2886,  §  76a. 
Ofiice,  keeping  of,  p.  1776,  Act  2886,  §  59a. 
Officers,  liability  for  participation  in  unlawful  issuance  of  stocks,  bonds,  notes, 

etc.,  p.  1771,  Act  2886,  §  52f. 
Officers,   liability   for  unlawful    disposition    of  proceeds   of   stocks,   bonds,   notes, 

etc.,   p.    1771,    Act    2886,  §  52f. 


INDEX.  2525 

PUBLIC  UTILITIES   (Continued). 

Officers    or    employees,    acts   or   omissions   of   are    acts   or   omissions   of   utility, 

p.  1787,  Act  2886,  §  76c. 
Officers   or  employees   of   corporations   other   than   public   utilities,    penalties    for 

offenses  by,  p.   1788,    Act   2886,  §  79. 
Officers  or  employees,   penalties  for  offenses   by,   p.   1787,   Act   2886,  §  77. 
Orders,  authorizations  and  certificates,  certificates  that  they  have  not  been  sus- 
pended or  stayed,  recording  of,  p.   1775,  Act  2886,  §  56b. 
Orders,    authorizations   and   certificates,    certified   copies   may   be   filed   in    county 

of  principal  place  of  business,  p.   1775,  Act  2886,  §  56b. 
Orders,    authorizations    and    certificates,    record    of    certified    copy    of    as    notice, 

p.   1775,   Act   2886,  §  56b. 
Orders,  authorizations  and  certificates  to  be  in  writing  and  entered  on  records, 

p.   1775,  Act  2886,  §  56b. 
Orders,   conclusiveness  of  in  collateral  proceedings,  p.  1779,  Act  2886,  §  65. 
Orders,   rescinding,   altering  or  amending,  p.   1779,  Act  2886,  §  64. 
Passes,  regulations  concerning,  p.  1743,  Act  2886,  §  17,  subd.  3;  p.  1745,  Act 

2886,  §  17,  subd.  4. 
Penalties,   actions  for.     See  ante.  Actions,  this  section. 
Penalties,   disposition  of,   p.   1788,   Act  2886,  §  80. 
Penalties  for  offenses  by   corporations  other  than  public   utilities,   p.    1787,   Act 

2886,  §  78. 
Penalties  for  offenses  by  officer  or  employee,  p.  1787,  Act  2886,  §  77. 
Penalties  for  offenses  by  officers  or  emploj-ees  of  corporations  other  than  public 

utilities,  p.   1788,   Act  2886,  §  79. 
Penalties  for  offenses  by  utilities,  p.   1787,  Act  2886,  §  76a. 
Penalties,  recovery  of  no  bar  to  criminal  prosecution  or  contempt  proceedings, 

p.   1786,   Act   2886,  §  74b. 
Penalties  under  act  are   cumulative,   p.    1785,   act   2886,  §  74a. 
Pending  proceedings  not  affected  by  act  but   may  be  prosecuted   to   final  deter- 
mination, p.  1789,   Act  2886,  §  83a. 
Physical   property  of  public  utilities,    additions   to   or   changes   in,   p.   1753,   Act 

2886,  §  36. 
Pipe-line  companies  subject  to  provisions  of,  p.   1620,  Act  2559. 
Power  and  jurisdiction  over  every  public  utility  vested  in,   p.   1751,   Act  2886, 

§  31. 
Practice  on  hearings,  rules  governing,  p.  1772,  Act  2886,  §  53. 
Preference   over  other  causes   on   court   calendar   of  actions  under  public   utility 

act,  p.  1783,  Act  2886,  §  69. 
Preferences  or  advantages,  question  of,   commission  to  determine,  p.   1746,   Act 

2886,  §  19. 
Private  tracks  of  another  company,  right'  to  use,  p.   1755,   Act  2886,  §  39a. 
Proceeds  of  stocks,   bonds,   notes,   etc.,   accounting  for   disposition   of,  p.   1770, 

Act   2886,  §  52c. 
Proceeds  of  stocks,  bonds,  notes,  etc.,  how  applied,  p.  1769,  Act  2886,  §  52b. 
Proceeds,   unlawful  disposition   of,  penalty,  p.   1771,   Act"  2886,  §§  52e,   52f. 
Process,    extends  to  all  parts  of  state,   p.   1772,   Act  2886,  §  54. 
Process,   power  to   issue,   p.   1772,   Act   2886,  §  54. 
Process,   service  of  and  fees  for,  p.  1772,   Act  2880,  §  54. 
Production  of  records,  books,  accounts,  etc.,  or  of  certified  copio."!  of,   roquiring, 

p.   1776,   Act  2886,  §  59a. 
Property    not    to    be    disposed    of    or    encumbered    without    permission,- p.    1768, 

Act  2886,  §  51a. 


2526  INDEX. 

PUBLIC   UTILITIES   (Continued). 

Publications  of,   charges  for,   p.   1775,   Act   2886,  §  57. 

Publications  of,   no  charges  to  be  made  to  public  officers  for,  p.  1775,  Act  2886, 

§  57. 
Railroad  commission.      See  Railroad   Commission. 
Railroads,   connections  to  be  made  between   at  request  of  shipper,  p.   1749,   Act 

2886,  §  25a. 
Railroads,    construction  of   spur   tracks   on   application   of  shipper,   p.    1749,    Act 

2886,  §  25b. 
Rates   by   interurban  railroads,  p.   1750,  Act   2886,  §  2J. 
Rates   by   public  utilities,   changes  in,   p.   1742,    Act  2886,  §  15. 
Rates   by   street  railroads,  limitation  on,  p.  1750,  Act  2886,  §  27. 
Rates,    establishment  of  schedule  of  by  commission,  p.  1778,  Act  2886,  §  63b. 
Rates,    fixed  by  commission,  time  of  going  into   effect,  p.   1778,   Act  2886,  §  63b. 
Rales,   for  long   and   short   distance   service   by  telephone   corporations,   p.    1749, 

Act  2886,  §  24b. 
Bates  for  long  and  short  haul  by  common  carrier,  p.   1748,   Act  2886,  §  24a. 
Rates,    increase    of,    prohibited   unless    by   finding   of   commission,    p.    1778,    Act 

2886,  §  63a. 
Rates,   interstate,  power  and  authority  of  commission  as  to,  p.  1753,  Act  2886, 

§  34. 
Rates,   investigation   of,   p.    1752,   Act   2886,  §  32b. 
Rates,    joint,    between    telegraph    and    telephone    companies,    disagreement    as    to 

division,  authority  of  commission,  p.   1756,   Act  2886,  §  41. 
Rates,   joint,    dispute   as   to   division,   power   of   commission,   p.    1752,    Act   2886, 

§  33. 
Rates,   joint',   establishing  between   telephone  and   telegraph  lines,   p.   1756,   Act 

2886,  §  40. 
Rates,  joint,  establishing  for  several  common   carriers,  p.   1752,  Act  2886,  §  33. 
Rates,   just  and  reasonable,  commission   to  determine,  p.   1752,   Act   2886,  §  32a. 
Rates,   limit  on  amount   that   can  be  charged,   p.   1742,   Act   2886,  §  14b. 
Rates,   new,   fixing  of,  p.   1752,  Act'  2886,  §  32b. 
Rates,   no  other  rate   than  that  in  schedule  to   be   charged,  p.    1745,  Act   2886, 

§  17b. 
Bates,   no  preference  or  advantage  to  be  given,  p.   1746,   Act  2886,  §  19. 
Rates,    overcharges,    action   to    recover    and   time    to   bring,    p.    1784,    Act    2886, 

§  71b. 
Rates,   overcharges,    complaint  of,   time  to  file,  p.  1784,  Act  2886,  §  71b. 
Rates,   overcharges,   ordering  reparation,  p.  1784,  Act  2886,  §  71a. 
Rates,   overcharges,    remedy    to    recover   given    in    public   utility   act    cumulative, 

p.   1784,  Act  2886,  §  71b. 
Rates,    reduced,    to    whom    may    be    given,    p.    1743,    Act    2886,  §  17,    subd.    3; 

p.   1745,  Act  2886,  §  17,  subd.  4. 
Rates,  schedule  only  can  be  charged,  p.  1743,  Act  2886,  §  17,  subd.  2. 
Rates,   schedule   submitted  by  utility,   hearing   as   to   propriety   of,   p.    1778,   Act 

2886,  §  63b. 
Bates,   schedules.      See  post   "Schedules,"   this   title. 

Rates,    sliding  scale   of   charges,   when   allowable,   p.   1742,   Act   2886,  §  21. 
Rates,    suspension  of  pending  hearing,  p.   1778,  Act  2886,  §  63b. 
Rates,   tolls,   rentals  or  charges,   fixing  of,  p.   1742,   Act  2886,  §  14b. 
Rates,  unreasonable  difference  in  prohibited,  p.   1746,  Act  2886,  §  19. 


INDEX.  2527 

PUBLIC  UTILITIES   (Continued). 

Ratification    of   previous  proceedings,    orders,    rules,    decisions,    etc.,   by   commis- 
sion, p.   1789,  Act  2886,  §§  83a,   83b. 
Rebates  not  to  be  given,   p.  1743,   Act  2886,  §  17,   subd.  2. 
Records,  books,  accounts,  etc.,  not  to  be  removed  from  state,  p.  1776,  Act  2886, 

§  59a. 
Records,   books,   accounts,   etc.,   requiring  production  of  or  of  certified  copies  of, 

p.   1776,  Act  2886,  §  59a. 
Records,   books,  accounts,  etc.,   to  be  kept  in  office  in  state,   p.   1776,  Act  2886, 

§  59a. 
Refunds  prohibited,  p.  1745,  Act  2886,  §  17b. 
Rehearing   of  orders  or  decisions   by   commission,   application   for,    p.   1779,    Act 

2886,  §  65. 
Rehearing  of  order  or  decision  by  commission,  order  or  decision  made  after  rul- 
ing on,  effect  of,  p.   1779,  Act  2886,  §  66. 
Rehearing  of   order  or  decision,   by   commission,   procedure,   p.    1779,    Act   2886, 

§  65. 
Rehearing   of   order   or   decision   by   commission,   ruling   on,   p.   1779,    Act    2886, 

§  66. 
Rehearing,  orders  of  commission  to  be  obeyed  pending  application  for,  p.  1779, 

Act  2886,  §  66. 
Repeal  of  prior  acts,  p.  1790,  Act  2886,  §  87. 

Reports  by   public  utilities  to   commission,   p.   1751,   Act   2886,  §  29. 
Routes,  through,  establishing  where  there  are  several  common  carriers,  p.  1752, 

Act  2886,  §  33. 
Routes,    through,    order   that    freight   be    carried   without   transfer,   p.    1752,    Act 

2886,  §  33. 
Rules    and    regulations    for    public    service    corporations,    prescribing,    p.    1753, 

Act   2886,  §  35. 
Rules  and  regulations  must  be  reasonable,  p.   1741,  Act  2886,  |  13e. 
Rules  and  regulations  of  public  utility   corporation,   authority  of  commission   as 

to,  p.   1753,  Act  2886,  §  35. 
Rules,    orders    and    regulations    of    commission    to    be    strictly    complied    with, 

p.  1752,  Act  2886,  §  30. 
Safety  devices,  p.   1756,   Act   2S86,  §  42. 

Schedule  of  rates  within   and  without  state,  p.  1746,   Act  2886,  §  18. 
Schedules  by  public  utilities   other  than   common   carriers,  p.    1741,   Act   2886, 

§  14a. 
Schedules,   changes  in  form  of,   p.   1742,   Act   2886,  §  14c. 
Schedules  of  charges  by  common  carriers,  p.  1741,  Act  2886,  §  14a. 
Schedules,  joint,  p.  1743,   Act  2886,  §  16. 
Schedules,   rate,    no   business   to   be   engaged   in    until    filed,    p.    1743,    Act    2886, 

§  17a. 
Schedules,    rate,    no    business    to    be    transacted    until    filed,    p.    1743,    Act    2886, 

17a. 
Service    of   public   utility    corporation,    authority   of    commission    as    to,    p..  1753, 

Act  2836.  §  35. 
Special    facilities    or    privileges    not    to    be    granted,    p.    1745,    Act    2886,  §171>; 

p.   1746,   Act  2886,  §  19. 
Special  privileges  not  to  be  given,  p.   1743,   Act  2886,  §  17,  subd.  2. 
Spur  tracks  of  another  company,  right  to  use,  p.   1755,  Act  2886,  iS  39a. 
Stage  lines,  fixing  rates  for,  p.  1752,  Act  2886,  S  33. 


2528  INDEX. 

PUBLIC  UTILITIES   (Continued). 

State   does  not  guarantee  payment  of   stocks,   bonds,  notes,   etc.,   p.   1772,   Act 

2886,  §  52g. 
Stock,  act  applies  to  all  issues  after  act  takes  effect,  p.  1772,  Act  2886,  §  52h. 
Stock  issued  contrary  to  conditions  imposed,  effect  of,  p.  1770,  Act  2886,  §  52d; 

p.   1771,  §§  52e,   52f. 
Stock  issued  wittiout  permission,  validity  of,  p.  1770,  Act  2886,  §  52d;  p.  1771, 

§§  52e,  52f. 
Stock,   right   to   hold,  p.   1768,  Act  2886,  §  51b. 
Stock,   right   to  issue   and  proceedings   on  issuance,   p.   1769,   Act   2886,  §§52a, 

52b. 
Stock,    transfer   of    between    public   utilities,    regulations    as    to,    p.    1768,    Act 

2886,  §  52b. 
Stopping   places,    changing,   p.    1754,   Act   2886,  §  37. 
Street  railroads,   limitation   on   rates,   p.   1750,   Act  2886,  §  27. 
Street   railroads,    transfers,  p.   1750,   Act  2886,  §  27. 
Switching    cars    of    connecting    carrier,    duty    as    to    and    power    of    commission, 

p.  1755,  Act  2886,  §  39b. 
Telegraph    companies,    duty    to    interchange    facilities    with    other    companies, 

p.   1747,   Act   2886,  §  22b. 
Telegraph    companies,    gathering    and    delivery    of    messages    by,    p.    1758,    Act 

2886,  §  45b. 
Telegraph   companies,  joint  rates  between,  p.   1756,   Act  2886,  §  40. 
Telegraph   companies,   rates   for  long   and  short   distance   service,   p.   1749,   Act 

2886,  §  24b. 
Telephone    companies,    duty    to    interchange    facilities    with    other    companies, 

p.    1747,   Act   2886,  §  22b. 
Telephone  companies,  gathering  and  delivery  of  messages  by,  p.  1758,  Act  2886, 

§  45b. 
Telephone  companies,  joint  rates  between,  p.  1756,  Act  2886,  §  40. 
Telephone  companies,  rates  for  long  and  short  distance  service  by,  p.  1749,  Act 

2886,  §  24b. 
Time  of  taking  effect  of  act,  p.  1790,  Act  2886,  §  88. 
Time  schedules,  authority  as  to,  p.  1754,  Act  2886,  §  37. 
Title   of  act,   p.   1732,   Act  2886,  §  1. 

Trains,  insufficient,   authority  as  to,  p.   1754,   Act  2886,  §  37. 
Use  of  equipment  by  another  company,  ordering,  p.  1756,  Act  2886,  §  41. 
Valuation   of  utility,   evidence,   p.    1783,   Act   2886,  §  70. 
Valuation   of  utility,   findings,   admissibility  as   evidence  and  conclusiveness    of, 

p.  1783,  Act  2886,  §  70. 
Valuation   of   utility,   findings  of  commission,  p.  1783,  Act  2886,  §  70. 
Valuation   of  utility,   findings,   supplemental,   p.    1783,    Act  2886,  §  70. 
Valuation   of  utility,   hearing,   p.   1783,    Act   2886,  §  70. 
Valuation  of  utility,  hearings,   supplemental,  to  make  revaluations  or  in  case  of 

betterments  or  extensions,  p.  1783,  Act  2886,  §  70. 
Valuation   of   utility,   power   of  commission   as   to,   p.   1759,   Act  2886,  §  47. 
Valuation   of  utility,   procedure,  p.  1783,  Act  2886,  §  70. 
Water  companies,  authority  and  power  of  commission  as  to,  p.  1758,  Act  2886, 

§  46a. 
Witnesses,  depositions  of,   taking  of,  p.  1774,  Act  2886,  §  56c. 
Witnesses,    exemption   of   from    prosecution    for    testimony    given,    p.    1774,     ^ct 

2886,  §  56d. 
Witnesses,  fees  and  mileage,  p.  1773,  Act  2886,  §  55a. 


INDEX.  2529 

PUBLIC  UTILITIES  (Continued). 

Witnesses,  not  excused  from  testifying  because  of  criminal  prosecution,  p.  1774, 
Act  2886,  §  56d. 

Witnesses,  power  to  subpoena,  p.  1773,  Act  2886,  §  55a. 

Witnesses,  proceedings  in  superior  court  to  compel  attendance  and  give  testi- 
mony,   p.   1773,   Act  2886,  §  55b. 

PUBLIC  WORKS. 

Contract  on  behalf  of  state  in  relation  to,  amendments  of  act   of  1909  relating 

to,  p.  1812,  Act  2901. 
Contractor  to  give  bond  to   secure   payment  of   materials,   labor,   etc.,   p.    1811, 

Act  2895. 
Liability  of   officers  for  injuries  from   defects   in,   p.   1611,   Act  2554. 
Materialmen    and   laborers,   filing   of   statement   by   and   action   on,    p.    1811,    Act 

2895. 
Power   and   authority   of   advisory    board   of   department   of   engineering   as   to, 

p.  1971,   Act  3812,  §  7. 


QUAIL.      See  Game  LawB. 

QUARANTINE.      See   State   Horticultural   Commissioner. 

Protection  of  fruit  trees,  vines,  bushes,  etc.,  by  means  of,  p.   1245,  Act  1517a. 
Rules  in  case  of,  p.  1710,  Act  2830,  §  13. 

QUIETING  TITLE.      See  McEnerney  Act. 

QUO   WARRANTO. 

Not  lo  be  maintained  against  reclamation  district  after  five  years,  p.  520,  S  3453. 
Reclamation  districts,  not  maintainable  against  after  five  years,  p.  520,  S  3453. 

R 

RABBITS.      See  Game  Laws. 
RAIL.      See  Game  Laws. 

RAILROAD  COMMISSIONERS. 

Acts  of  1909  and  1911,  relating  to  organization,  powers,  duties,  etc.,  repealed, 
pp.   1814  and  1815,  Acts  2921    and  2921a. 

Appointment  and  term  of  office  of,  p.  1737,  Act  2886,  §  3a. 

Attorney,    appointment,  and  term  of  office,  p.  1737,  Act  2886,  §  4. 

Attorney,   duties  of,  p.   1737,   Act  2886,  §  4. 

Civil  executive  officers,  commissioners,  attorney,  secretary,  rate  expert'  and  as- 
sistant secretary  are,  p.  1739,  Act  2886,  §  10a. 

Employees  of,   qualifications  and  oath,  p.  1738,   Act  2886,  5  7. 

Employees,  power  of  commission  to  engage,  p.  1738,  Act  2886,  §  6. 

Expenses  of,  how  met,  p.   1740,   Act  2880,  §  10b. 

Free   transportation   for  commissioners  and   employees,   p.    1740,   Act   2886,  5  11. 

Furniture,   stationery  and   supplies,   p.   1739,   Act  2886,  §  8c. 

•Turisdiction  to  fix  compensation  not  affected  by  provisions  relaling  to  eminent 
domain,  p.  66,  §  1243. 

159 


2530  INDEX. 

KAILROAD   COMMISSIONERS    (Continued). 

Main   track  crossing  outside  city  limits,  when  only  al'  grade,  p.   157,  §  1240, 

Majority,   act  of,  deemed  act  of  board,  p.   1739,  Act  2886,  §  9a. 

Number  of,  p.  1737,  Act  2886,  §  3a. 

Office,  located  in   San  Francisco,  p.  1739,  Act  2886,  §  8a. 

Pipe-lines,   authority  as  to,   p.   1614,  Act  2558. 

Powers  and  jurisdiction  as  to  public  utilities.      See  Public  Utilities,  II. 

Power   and  jurisdiction   over  public  utilities,  extent  of,  p.  1751,  Act  2886,  §  31. 

Power  and  jurisdiction  over  every  public  utility  vested  in,  p.  1751,  Act  2886, 
§  31. 

President  of,  p.  1737,  Act  2886,  §  3a. 

Provisions  as  to  reference  in  eminent  domain  proceedings  do  not'  affect  juris- 
diction of,  p.   29,  §  640. 

Public  utilities,  rights,  powers  and  duties  as  to.      See  Public  Utilities. 

Qualifications   and  oaths,  p.   1738,  Act  2886,  §  7. 

Quorum,  p.   1739,  Act  2886,  §  9. 

Removal   of  commissioner,  p.   1737,   Act  2886,  §  3b. 

Report,   annual,   to  be   made,   p.   1740,   Act  2886,  §  1.2. 

Report,   what  to  contain,  p.  1740,   Act  2886,  §  12. 

Salaries  of  officers  and  employees  of,  p.   1739,   Act  2886,  §  10a. 

Salary  of  commissioners,  p.  1739,  Act  2886,  §  10a. 

Seal,  p.  1739,  Act  2886,  §  8b. 

Secretary  and  assistant  secretary,  appointment,  term  of  office,  powers,  and 
duties,  p.   1737,   Act   2886,  §  5. 

Sessions  to  be  public,  p.  1739,  Act  2886,  §  8a. 

Sessions,   where  may  be  held,   p.   1739,   Act   2886,  §  8a. 

Single   commissioner  may   act    when,   p.    1739,   Act   2886,  §  9. 

Vacancies,  how  filled,  p.  1737,  Act  2886,  §  3b. 

Vacancy,   remaining  commissioners  may  act,  p.   1739,  Act  2886,  §  9. 

Water  companies,   subjecting  to,  p.   2288,  Act  4348a. 

BAILROADS.      See  Railroad  Commissioners. 

Cities  authorized  to  construct,  maintain  and  operate  pipes,  lines,  etc.,  across, 
p.   1564,  Act  2389b. 

Combinations  between  railroads  and  pipelines  declared  to  be  illegal,  p.  1622, 
Act  2560. 

Condemnation  proceedings  by  or  against.      See  Eminent  Domain. 

Conditional  sale  of  equipment  and  rolling  stock,  act  of  1913  relating  to,  p.  1815, 
Act  2931a. 

Crossings,  how  to  be   made,   p.   62,  §  1240,   subd.   6. 

Crossings,    separation  of  grades,  p.  62,  §  1240,  subd.  6. 

Crossings,   when  only  deemed  to  be  at  grade,  p.  62,  §  1240,   subd.  6. 

Crossings.      See  Public  Utilities,  II. 

Demurrage.      See  Public  Utilities. 

Full   crews   on   trains,   duty  to   carry,  p.  1817,  Act  2935. 

Full   crews   on   trains,   what   constitute,   p.    1817,  Act  2935. 

Harbor  commissioners  of  San  Francisco  authorized  to  locate,  construct,  main- 
tain and  operate,  p.  1203,  Act  1424a. 

Headlights  on  locomotives,  provision  as  to,  p.   1821,  Act  2936a. 

Highway,   laying  out  across,  procedure  and  damages,  p.  505,  §  2694. 

Hours  of  labor  for  employees,  p.   1819,  Act  2936. 

Improved  highway,  not  permitted  on,  p.   1217,   Act   1448,  §  10. 

Passes.      See  Railroad  Commissioners. 


INDEX.  2531 

RAILROADS  (Continued). 

Railroad   commission.      See   Railroad  Commissioners. 

Rates,    changes  in,   p.   1742,  Act  2886,  §  15. 

Rates,   limit  on  amount  of,  p.  1742,  Act  2886,  §  14b. 

Rates,    schedule  only  can  be  changed,  p.  1743,  Act  2886,  §  17,  subd.  2. 

Rates.      See   Public  Utilities. 

Rebates  not  to  be  given,  p.   1743,   Act  2886,  §  17,   subd.  2. 

Regulations   concerning  under  public  utility  law.      See   Public  Utilities,   II. 

Reimbursement  of  counties  for  losses  in  railroad  taxes,  p.  2185,  Act  4067. 

Removal  of  from  rights  of  way  taken  for  roads  in  condemnation  proceedings, 
p.   68,  §  1248a. 

Repeal  of  act  requiring  companies  to  furnish  cars  on  application,  p.  1817,  Act 
2933. 

San  Francisco  authorized  to  construct  railroad  along  lands  of  harbor  commis- 
sion, p.  1904,  Act  3347. 

Schedules  of  charges  by,   p.   1741,   Act  2886,  §  14a. 

Schedules,   joint,   p.   1743,   Act  2886,  §  16. 

Schedules,  rate,  business  not  to  be  transacted  until  filed,  p.  1743,  Act  2886, 
§  17a, 

Schedules.      Sfie  Public  Utilities,  II. 

Separation  of  grades  at  crossing,  p.  63,  §  1240,  subd.  6. 

Special  privileges  not  to  be  given,  p.  1743,   Act  2886,  §  17,  subd.  2. 

Street  railroads.      See  Street  Railroads. 

Switches.      See  Public  Utilities. 

Taxation  of  for  benefit  of  state,  p.  2151,  Act  4065. 

RAPE. 

Defined,   p.   195,  §  261. 

Jury  may  determine   punishment  of,  when,   p.   196,  §  264. 

Punishment  of,  p.   196,  §  264. 

What  acts  constitute,  p.  195,  §  261. 

BATES.      See  Common  Carriers;  Public  Utilities;  Railroads. 

EEAIi  ESTATE. 

Unincorporated  associations  authorized  to  hold  and  manage,  p.  2235,  Act  4208. 

REAL  PROPERTY. 

Banks,  power  to  deal  in.      See  Banks  and  Banking. 

RECALL. 

All  elective  officers  subject  to  recall,  p.  572,  §  4021a. 

County  officers,  of,  p.   572,  §  4021a. 

Failure  of  successful  officer  to  qualify,  effect  of,  p.  574,  §  4021a. 

Irregularity  does  not  affect  proceedings,  p.  572,  §  4021a. 

Officers  of  city,  re.call  of,  p.  1612,  Act  2555. 

Of   municipal    officers   in    cities   under   municipal    corporation    bill,    p.    1520,    Act 

2348,  §  10. 
Procedure  to  effect  recall,  p.  572,  §  4021a. 

Several  officials  may  be  recalled  at  same  election,  p.  574,  §  4021a. 
Vacancy   pending  proceedings,   effect  of,   p.   574,  §  4021a. 

RECEIVERS. 

Dfposit  of  funds  with  trust  companies,  ordering  by  court  and  reduction  of 
bonds,  p.  907,  Act  297,  §  93. 


2532  INDEX. 

EECEIVERS   (Continued). 

Deposit  of  trust  funds  with  trust  company  under  order  of  court  and  discharge 

from  liability,   p.   906,   Act  297,  §  91. 
Unclaimed   fund,    disposition   of,   p.   25,  §  570. 
Unclaimed  fund  in  hands  of,  publication  of  notice  of,  p.  25,  §  570. 

RECLAMATION   DISTRICTS.      See   Drainage    Districts;    Levee   Districts;    Overflow 

Districts;    Protection  Districts. 
Action   against   in  nature  of  quo  warranto   not   to   be  brought   after  five  years, 

p.  520,  §  3453. 
Action   may  be  brought  by  to  determine   validity,   p.   520,  §  3453. 
Action   to  determine   validity,  nature   of  and  eflfect  of  judgment,  p.   520,  §  3453. 
Action    to    determine    validity    of   assessment,   provision   as   to    repealed,    p.    540, 

§  34931/2. 
Action   to   determine   validity  of  organization,   procedure,   p.   520,  §  3453. 
Assessments,  action  in  superior  court  to  annul,  modify  or  correct,  p.  524,  §  3462. 
Assessments,  actions  to  determine  validity  of,  provision  as  to  repealed,  p.  540, 

§3493%. 
Assessments,    approval  of,   effect  of,  p.  524,  §  3462. 
Assessments,    approval   of,   proceedings  on,  p.   524,  §  3462.    ■ 
Assessments,    change   of   and  proceedings   on,   p.    524,  §  3462. 
Assessments,    collection  and  disposition  of,  p.  522,  §  3456.  • 
Assessments,  commissioners  to  levy,  appointment,  qualifications  and  oath,  p.  522, 

§  3456. 
Assessments,   commissioners  to   levy,   duties  of,  p.  522,  §  3456. 
Assessment,  delinquent  list,   contents  of  and  publication  of,  p.  525,  §  3466. 
Assessments,    delinquent,  penalties,  p.  525,  §  3466. 
Assessments,   delinquent  when,  p.   525,  §  3466. 

Assessments,    errors  or  mistakes  in,   correction  of,  p.   522,  §  3460. 
Assessment,   failure     to     charge    land    with,     subsequent    reassessment,     p.     527, 

§  3466%. 
Assessments,   how  apportioned  and  estimated,  p.   522,  §  3456. 

Assessments,    installments,  failure  to  pay,   interest  and  penalties,  p.  525,  §  3466. 
Assessments,    installments,    failure    to   pay,    proceedings,   p.    525,  §  3466. 
Assessments,    installments,   payment   of  in,  p.   525,  §  3466. 
Assessments,   interest  on,   p.   525,  §  3466. 

Assessments,    invalid,   reassessment   of  land   subsequently,  p.   527,  §  3466%. 
Assessments,   in  what  payable,  p.   525,  §  3465. 

Assessments  in  where  bonds  have  been  issued,  p.  1851,  Act  2975a. 
•  Assessments,    lien,   assessment  becomes  and  imparts  notice,  p.  525,  §  3463. 
Assessments,   list,   commissioners  to  make,  p.  523,  §  3460. 
Assessments,   list,    filing  of,  p.  524,  §  3462. 

Assessments,   list,   mistakes  or  errors  in,   correction  of,  p.  523,  §  3460. 
Assessments,    list   to  remain   with   treasurer  thirty  days,   p.   525,  §  3465. 
Assessments,    list,    treasurer    to    return    to    trustees    after    thirty    days,    p.    525, 

§  3466. 
Assessments,    list  what   to   contain,   p.   524,  §  3461. 
Assessments,   objections   to,   and   hearing  of,   p.    524,  §  3462. 
Assessments,   ordering   collection   of   sufficient   amount   to   pay   warrants   for   two 

years,  p.  525,  §  3466. 
Assessments,    payment   by  warrants,   p.   522,  §  3457;   p.   525,  §  3465. 
Assessments,  payment  of,  p.  525,  §  3465. 


INDEX.  2533 

RECLAMATION  DISTRICTS  (Continued). 

Assessments,    provisiun    giving    credit    to    owner    of   land    who    has    paid    in    full 

repealed,  p.  525,  §  3464. 
Assessment,   repeal   of   law   providing   for   action    to   determine    validity,   p.    540, 

§  3493%. 
Assessments,  sale  of  property  for  delinquent,  proceedings  on  and  disposition  of 

proceeds,   p.   525,  §  3466. 
Assessments,    sale   of   property   for   delinquent,    redemption   of,   and   proceedings 

on  failure  to  redeem,  p.  525,  §  3466. 
Assessments,   subsequent  acts   of  trustees  do   not  affect,  p.   525,  §  3463. 
Bonds,   additional  assessments  to  pay  in   case  of  a   deficiency,  p.   528,  §  3480. 
Bonds,   bank,  trust  or  public  funds  may  be  invested  in,   p.  528,  §  3480. 
Bonds,    change  of  boundaries,  effect  of  on,  p.  537,  §  3489a. 
Bonds,    coupons,  p.  528,  §  3480. 

Bonds,    coupons  draw   interest  where  not  paid,  p.   528,  §  3480. 
Bonds,    denomination,  p.   528,  §  3480. 

Bonds,   elections  on  question  of  issuance  of,  p.  528,  §  3480. 
Bonds,   failure   to   present,    cease   to   bear  interest,   p.   528,  §  3480. 
Bonds,   form   of,  p.   528,  §  3480. 
Bonds,   interest,  rate  of,  p.  528,  §  3480. 
Bonds,   may  issue,  p.   528,  §  3480. 

Bonds,   payment  for  work  in  where  bonds  not  sold,  p.   528,  §  3480. 
Bonds,   payment   of,  p.   528,  |  3480. 

Bonds,   proceedings  to  determine  validity,  p.  528,  §  3480. 

Bonds,    revenue   for   payment   of,    set   apart   and   not   to   be   used   for   other   pur- 
poses,  p.  528,  §  3480. 
Bonds,    revenue  to  pay,  how  derived,  p.  528,  §  3480. 
Bonds,   rights  of  holders  on   change  of  boundaries,   p.   537,  §  3489a. 
Bonds,    sale   of,   p.   528,  §  3480. 

Bonds,    sale   of,    disposition   of  proceeds,  p.   528,  §  3480. 
Bonds,    special   election  on   question   of  issuance   in  place   of  assessment,   p.   528, 

§  3480. 
Bonds,    warrants   may  be  used   in   payment   of,   p.   528,  §  3480. 
Boundaries,   bondholders,   consent  of   to  change  in,    p.   537,  §  3489a. 
Boundaries,   bonds,  effect  of  change  of  on,  p.   537,  §  3489a. 
Boundaries,    change   of,    effect  of,  p.  536,  §  3489a. 
Boundaries,    change   of,    effect  of   on   indebtedness,   p.    537,  §  3489a. 
Boundaries,    change   of,   procedure,    p.    536,  §  3489a. 
Boundaries,    change   of,    right   of,   p.   536,  §  3489a. 
Completion   of   works,    distribution  of  surplus,  p.  527,  |  3476. 
Completion   of  work,    supervisors  to   certify   fact   to   register,   p.    527,  §  347$. 
Consolidation   of,  p.  535,  §  3489. 
Consolidation    of    districts    729    and    108,    boundaries    of    consolidated    district, 

p.  1830,  Act  2956a. 
Consolidation  of  districts  729  and  108,  legalized,  p.  1830,  Act  2956a. 
Consolidation  of  districts  729  and  108,  management  and  control  of  cunsolidnted 

district,  p.   1830,   Act  2956a. 
Consolidation  of,   number  of  district   in   case  of,  p.   534,  §  3483. 
Contract,    provision   giving  supervisors   power  to   let   repealed,   p.    527,  §  3475. 
Coupons,   form  of,   p.   528,  §  3480. 

Credits  to  be  given  to  owner  of  land,  provision  as  to  repealed,  p.  525,  §  3404. 
Delinquent  purchasers,   filing  copy  of  decree  against,  p.  545,  §  3550. 


2534  INDEX. 

RECLAMATION  DISTRICTS   (Continued). 

Emplo.viueut  of   expert   in   agriculture  by,   p.   845,   Act   78b. 

Exclusion   of   lands,    bondholders,   consent   of  to,   p.   537,  §  3489a. 

Exclusion   of   lands,   bonds,   effect  on,  p.   537,  §  3489a. 

Exclusion   of   lands,    effect  of,  p.   536,  §  3489a. 

Exclusion  of   land,   effect  on  indebtedness,   p.   537,  §  3489a. 

Exclusion   of  lands,   proceedings,   p.   536,  §  3489a. 

Exclusion   of   lands,   right  of,  p.   536,  §  3489a. 

Expenditure   of    two   dollars   per   acre,   supervisors   to    certify   fact    to    register, 
p.   527,  §  3476. 

Expenses  paid  out  of  money  in  treasury  except  bond  money,  p.   528,  §  3480. 

Fees,   county   officers  not  to  receive   for   services,    p.   528,  §  3480. 

Formation  of  by  owners  of  land  reclaimed  or  being  reclaimed  and  not  in  any 
district,  p.  539,  §  3492. 

Inclusion  or  exclusion  of  lands,  p.   519,  §  3449, 

May  sue  an*  be   sued,  p.  520,  §  3453. 

No.    10,   boundaries  of,  p.  1822,  Act  2938. 

No.    10,    creation  of,  p.  1822,  Act  2938. 

No.    10,   management  and  control  of,  p.  1822,  Act  2938. 

No.    108,    consolidation  with  District  No.   729,   p.   1830,   Act  2956a. 

No.   232,    creation,  boundaries  and  management  of,  p.   1837,  Act  '2966b, 

No.    348,   boundaries  of,  p.  1853,  Act  2980b. 

No.    348,   formation  and   organization   of,   validated,   p.    1853,   Act   2980b. 

No.   348,   management  and  control  of,  p.   1853,   Act  2980b. 

No.   535,   exclusion  of  lands,   excluded  lands  liable  for  proportion  of  indebted- 
ness, p.  1836,  Act  2966a. 

No.   535,   exclusion  of  lands  from,  p.  1836,  Act  2966a. 

No.   535,   exclusion  of   lands,   remaining   lands   to   continue   as   district,   p.   1836, 
Act  2966a. 

No.   548,  boundaries  of,  p.  1854,  Act  2980a. 

No.    548,   management  and  control  of,  p.   1854,  Act  2980a. 

No.    548,    organization  and  formation  of.   validated,   p.   1854,  Act  2980a. 

No.   729,   consolidation   of  with  district  No.   108,  p.   1830,   Act  2956a. 

No.   742,    consolidation  with  district   No.   900,   p.   1858,  Act  2981a. 

No.   800,   boundaries  of,  p.   1823,  Act   2940a. 

No.    800,   formation   and   organization  of  legalized,   p.   1823,   Act   2940a. 

No.   800,   management  and  control  of,  p.  1823,  Act  2940a. 

No.   802,   formation,  boundaries   and  management,  p.   1854,  Act  2980c. 

No.   812,    consolidated,  validation  of  proceedings,  p.   1848,  Act  29661, 

No.    830,    creation,   boundaries   and  management,  p.   1847,   Act  2966h. 

No.    831,   act   creating  repealed,  p.   1838,   Act   2966d. 

No.    833,    creation,  boundaries  and  management,  p.   1838,  Act  2966c. 

No.   900,   consolidation  with   district  No.   742,  p.   1858,   Act  2981a. 

No.   900,    creation,   boundaries   and   management,  p.   1845,   Act  2966g. 

No.   999,    creation,   boundaries   and  management   of,   p.   1848,   Act   2966J. 

No.    1000,    creation,   boundaries   and  management   of,   p.    1843,    Act   2966f. 

No.    1000,   dissolution   of   districts   within,   p.    1843,   Act   2966f. 

No.    1001,    creation,    boundaries    and    management,    p.    1839,    Act    2966e. 

No.   1001,   dissolution  of  districts  within,  p.   1839,   Act  2966e. 

No.    1400,    creation,   boundaries   and   management,  p.   1856,  Act  2980d. 
.  No.   1500,   creation,   boundaries   and   management,    p.    1858,   Act   2981b. 

No.  1500,  dissolution  and  winding  up  ot  districts  within,  p.  1858,  Act  2981b. 


INDEX.  2535 

RECLAMATION  DISTRICTS   (Continued). 

No.    1500,    exclusion    from    other    districts    of   lands    lying   within,    p.   1858,    Act 

2981b. 
No.    1600,    creation,  boundaries  and  management  of,  p.  1849,  Act  2966k. 
No.   1600,   dissolution  and  winding  up  of  districts  within,   p.   1849,   Act  2966k. 
No.    1600,   excluding    from    reclamation    districts    lands    lying    within,    p.    1849, 

Act  2966k. 
Number,    designation   of  district  by,   p.   .534,  §  3483. 
Number   of   where   districts   are    consolidated,    p.    534,  §  3483. 
Orders  on  treasury  for  legal   charges   and  payment  of,   p.   528,  §  3480. 
Owners  of  land  within,  right  to  have  lands  set  off.  in  separate  districts,  p.  534, 

§  3481. 
Petition   for,   approval  of  by  supervisors,  p.  519,  §  3449. 
Petition   fur   formation,    notice   of   hearing,    p.    519,  §  3447. 
Petition   for   formation,    publication    of,    p.    519,  §  3447. 
Petition   for  formation,   verification    of,   p.    519,  §  3447. 
Petition   for,  hearing,  p.  519,  §  3449. 

Petition   for,   notice   to   owners,   how   given   and   proof   of,   p.   519,  §  3440. 
Petition   for,   proceedings   where   lands   improperly   included   or   omitted,    p.   519, 

§  3449. 
Petition,    sending    copy    of    to    supervisors    when    district    in    different    counties, 

p.  519,  §  3448. 
Peiition,   recording  of,   p.   519,  §  3450. 

Petition,  sending  certified  copy  to  register  of  state  land  office,  p.  519,  §  3450. 
Petition   for,    verification   of,   p.   519,  §  3447. 
Plans  and  estimates  of  work,   p.   521,  §  3454. 
Plans   of  work,   p.    521,  §  3455. 

Political   Code,  how  far  subject   to  provisions  of,  p.   528,  §  3478. 
Proceedings   where   district   is   in   different   counties,   p.   519,  §  3448. 
Protection    districts.      See   Protection    Districts. 

Protection  district  No.  10  of  Yuba  county,  dissolution  of,  p.  1822,  Act  2938. 
Quo    warranto   proceedings   not   maintainable    against    after   five    years,    p.    520, 

§  3453. 
Reorganization   of,   p.    535,  §  3489. 
Sacramento     and    San     Joaquin     drainage    district.      See     Sacramento     and     San 

Joaquin   Drainage   District. 
Separate  district,   right   of  owners  to   have   land   set  off  in,   p.   534,  §  3481. 
Supervisors,  provision  giving  them  axithority  to  let  contracts,  p.  528,  §  3475. 
Trustees,    action   by   to    determine    validity   of   district,    nature    of    and   effect   of 

judgment,   p.   520,  §  3453. 
Trustees,   action   to    determine    validity   of    organization    of    district,    may    bring, 

p.   520,  §  3453. 
Trustees,   action   by   to    determine   validity    of   proceedings,    procedure,    p.    520, 

§  3453. 
Trustees,   books,   maps,   papers,    contracts,   etc.,   of,    open    for  inspection,   p.   520, 

§  3453. 
Trustees,    compensation   and   expenses   of,   p.    521,  §  3454. 
Trustees,   disqualifications  of,  p.   521,  §  3454;   p.   522,  §  3455. 
Truslces,    meetings   of,    p.    521,  §  3454. 

Trustees,   number,   election,   term  of  office  and  duties,   p.   520,  §  3453, 
Trustees,   office  of,   p.  520,  5  3453. 

Trustees,   plans   and   estimates   of   work,   p.    521,  §  3455. 
Trustees,   powers   of,    p.    521,  §  3454. 


2536  INDEX. 

RECLAMATION  DISTRICTS  (Continued). 

Validity,   action   to   determine,  nature  of  and  effect  of  judgment,  p.  520,  §  3453. 

Validit}-,   action   to   determine,   procedure,   p.    520,  §  3453. 

Validity,   action   to   determine,    trustees   may   bring,   p.   520,  §  3453. 

Validity  of,  quo  warranto  proceedings  not  maintainable  against  after  five  years, 

p.   520,  §  3453. 
Warrants,   p.   533,  §  3457. 

Warrants  may  be  used  in  payment  of  bonds,   p.   533,  §  3480. 
Warrants,  provisions  as  to,  p.  522,  §  3454. 

RECORDERS. 

Acknowledgment,   may  ta\e,  p.   155,  §  1181. 

Additional   recording   of    instruments   once    recorded,    provision    against,   p.    593, 

§  4135b. 
Collections,  payment  of  into  treasury,  p.   593,  §  4101a. 
Consolidation   of   offices   of   auditor  and  recorder,  p.  571,  §  4017. 
Consolidation   of   offices   of   county   clerk   and  recorder,   p.    571,  §  4017. 
Consolidation   of   offices   of    county    clerk,    auditor   and   recorder,    p.    571,  §  4017. 
Consolidation   of   offices   of   treasurer   and  recorder,   p.    571,  §  4017. 
County  officer,  is,  p.  570,  §  4013. 

Fees,  accounting  for  and  payment  into  treasury,  p.  819,  §  4300c. 
Fees  of,  p.   819,  §  4300c. 
Inde.xing    of    instruments    once    recorded   without    additional    recording,    p.    593, 

§  4135b. 
Particular  county,  of.      See  particular  county. 
To    furnish   surveyor   general    with    certificates    showing    status    of   school   lands, 

p.   1863,   Act   2986. 

RECORDING.      See  Registration. 

RECORDS. 

County   supervisors   may  replace   indexes   to   records   destroyed  by  fire,   p.   584, 

§  4043a. 
Indexes  to  destroyed  by  fire,   supervisors  may  replace,  p.   584,  §  4043a. 
Instruments   may   be    recorded   on    Saturday   afternoon,    p.    1,  §  10;    p.    103,  §  7; 

p.  259,  §  10. 
Probation   officer,   of.      See  Probation. 
Supervisors,   of.      See   Supervisors. 

RED   BLUFF. 

Plat  of  town  made  by  L.  B.   Healey  declared  to  be  official  map.  p.   1864,   Act 

2997. 
Streets  and  alleys  declared  to  be  public  highways,  p.  1864,  Act  2996. 

RED  LIGHT  BILL. 

Houses  of  prostitution  declared  nuisances,   p.   1687,    Act   2798. 

REFEREES. 

Bill    of    exceptions,    presentment    and    settlement    of    where    case    tried   before, 

p.  30,  §  650. 
Partition,    in.      See   Partition. 

REFERENCE. 

Eminent  domain,   in.      See  Eminent  Domain. 
Partition,  in.      See  Partition. 


INDEX.  2537 

REFERENCE   (Continued). 

Referees,   additional,   appointment   of  where   original   do   not   agree,   p.   29,  §  640. 

Referees,    number  of,  p.   29,  §  640. 

Referees,   proceedings  wliere   they  do  not  agree,   p.   29,  §  640. 

Referees,   residence   of,   p.   29,  §  640. 

REFERENDUM. 

Election  under,    time  of  holding,   p.   587,  §  4058. 

In  cities,  p.   1280,  Act  1624. 

Ordinances,  any  number  may  be  submitted  at  same  election,  p.   587,  §  4058. 

Ordinances,   for,   p.   587,  §  4058. 

Ordinances,   of,   procedure,   p.   587,  §  4058. 

Ordinance  referred  to  vote  of  people  to  receive  majority  of  vote,  p.  588,  §  4068. 

Ordinances   to  be   submitted  to   election   by  people   when,   p.   586,  §  4058. 

Ordinances,   when  to  be  referred  to  vote  of  people,   p.   588,  §  4068. 

Provisions  of  law  relating  to,  to  be  liberally  construed,  p.   587,  §  4058. 

Under  municipal  corporation  bill,   p.   1520,   Act   2348,  §  12. 

REFORMATORIES.      See  California  State  Reformatory;  Preston  School  of  Industry; 
California  School  for  Girls;   California   State  Trades   and   Training   School. 
Drugs,  liquors,  weapons  or  explosives,  bringing  into  a  felony,  p.  193,  §  171a. 
Intoxicating   liquor,    selling   or  giving   away   of   within   certain   distance   of,   pun- 
ishment of,  p.   193,  §  172. 
Parole,   headquarters   for,   p.    1653,   Act  2621. 
Preston   School   of   Industry.      See   Preston    School   of   Industry. 
Punishment,  cruel,  forbidden,   p.  232,  §  681. 
Punishment,   what  methods  of  forbidden,   p.   232,  §  681. 
Warden   of,   record   of  punishments,   duty   as   to,   p.   256,  §  1578,    subd.   6. 
Whittier   State   School.      See   Whittier   State   School. 

REGISTER  OF  THE   STATE  LAND  OFFICE. 

Appointees,    may  appoint  three  clerks,  p.  303,  §  500. 
Appointees   of   are   civil    executive   officers,    p.    303,  §  500. 
Appointees   of,  salaries  of  and  Vvhen  and  how  paid,  p.   303,  §  500. 
Deputy   surveyor  general   is  deputy  register,  p.   303,  §  485. 

REGISTRAR  OF  VOTERS.      See  Elections. 

REGISTRATION.      See   Recorders. 

Certiticd  copies  of  instruments  defectively  executed  as  evidence,   p.  155,  §  1207. 

Elections,   for.      See  Elections. 

Factories,   work-shops,  mills  and  other  manufacturing   instruments,   of,   p.   1404, 

Act   2063. 
Farm  or  villa  names,  registration  of,  p.   1597,  Act  2390a. 
Instruments    may   be    recorded   on    Saturday    afternoon,   p.    1,  §  10;    p.    103,  §  7; 

p.  259,  §  10. 
Notice    from    index   of   instruments    once    recorded    withinit    additional    recording, 

p.   593,  §  4135b. 
Notice,   defectively  executed   instrument,    when   is,   p.    156,  §  1207. 
Notice,    instrument   executed   without   acknowledgment,   when    is,    p.    156,  §1207. 
Recording   certified    copies    of   instruments   or   records   affecting   realty,    ri^'tit    of 

and   efTect  of,   p.    156,  §  J 218. 
Record    of    defectively    executed    instruments,     act    validating    does    not    afTcet 

prior  rights,   p.   156,  §  1207. 
Wills  proved  in  other  states,  recording  of,   p.   73,  §  1322. 


2538  INDEX. 

RELIGIOUS,    SOCIAL  AND   BENEVOLENT   ASSOCIATIONS. 

Annual   meetings,   where   held,   p.   138,  §  604. 

Any  number  of  persons  may  incorporate,  p.   136,  §  593. 

Articles  of  incorporation,  provision  as  to  what  they  must  show  repealed,  p.  136, 

§  594. 
By-laws,  what  may  provide  for,  p.  137,  §  599. 
Directors,   election   and  number  of,  p.   136,  §  593. 
Head  oflfice,  where  to  be  maintained,  p.   138,  §  604. 
Power   to    hold   and   administer   property,   p.    138,  §  604. 
Religious,    articles   of   incorporation,     contents    of,    p.     138,  §  603. 
Religious,   articles   of   incorporation,   subscription   and   acknowledgment,   p.   138, 

§  603. 
Religious,   by-laws  of,  p.  138,  §  604a. 
Religious,   directors   of,    election   of,    p.    138,  §  604a. 
Religious,   how    formed,    p.    138,  §  604a. 
Religious,   may   incorporate,   p.    138,  §  603. 
Religious,   real  estate,  right  to  hold,  p.  138,  §  604a. 
Religious,   rights,    powers,    duties    and    limitations,    p.    138,  §  604a. 
Religious,   what  bodies  may  form,   p.   138,  §  604a. 
Sale  or  mortgage  by,  proceedings  in  case  of,  p.  136,  §  598. 

REPLEVIN.      See   Claim  and  Delivery. 

REPORTERS.      See   Shorthand  Reporters. 

REPRESENTATIONS.      See   Misrepresentations. 

RESIDENCE. 

Divorce  cases,  in.      See  Divorce. 

REVENUE.      See  Ta.xation. 

RICHMOND. 

Charter  of,  p.   1864,  Act  3018. 

Tide  lands,  granting  of  to,  p.   1864,   Act  3019. 

RIVERS.      See  Waters. 

Particular  river.      See  particular  title. 

RIVERSIDE. 

Agricultural  experiment  station  at,  establishment  of,  p.  2253,  Act  4263b. 
Charter  of,  p.  1867,  Act  3021. 

RIVERSIDE  COUNTY. 

Assessor,    deputies    and    assistants,    number,    appointment    and    salaries,    p.    681, 

§  4242,   subd.    7. 
Assessor,   fees  and  commissions  to  be  paid  into  treasury,  p.  681,  §  4242,  subd.  7. 
Assessor,    salary  of,  p.  681,  §  4242,   subd.  7. 
Auditor,   deputies,     number,     appointment     and     compensation,     p.     680,  §  4242, 

suljd.  4. 
Auditor,    salary  of,  p.  680,  §  4242,  subd.  4. 

Auditor,    statement  of  expenses  for  extra  assistants,   p.   680,  §  4242,   subd.   4. 
Classification  of,   p.   567,  §  4006. 


INDEX,  2539 

RIVERSIDE   COUNTY  (Continued). 

Constables,    salaries,    fees,    allowances,    mileage    and    expenses,    p.    683,  §  4242, 

subd.  14.  •■ 

Constables,  township  officers,  are,  p.  682,  §  4242,   subd.   13. 
Coroner,  fees  of,  p.  681,  §  4242,  subd.  8. 
County   clerk,     deputies,     number,     appointment     and     salaries,     p.     679,  §  4242, 

subd.   1. 
County   clerk,    fees    and   commissions    to   be   paid   into    treasury,    p.    679,  §  4242, 

subd.  1. 
County   clerk,   salary   and   allowances   of,   p.    679,  §  4242,    subd.   1. 
District   attorney,    deputy    and    stenographer,    appointment    and    salary,    p.    681, 

§  4242,   subd.   10. 
District    attorney,  salary  and  expenses,  p.   681,  §  4242,   subd.   10. 
Fish  and  game  warden,  salary  and  expenses  and  how  paid,  p.  594,  §  4149d. 
Justices,   fees   and    fines,    payment    into    treasury    and   report   of,    p.    682,  §  4242, 

subd.   14. 
Justices,   fees  while  acting  as  coroner,   p.   682,  §  4242,   subd.   14. 
Justices,   salaries  and   fees  of,   p.   682,  §  4242,    subd.   14. 
Justices,    township   officers,   are,   p.  .682,  §  4242,  subd.   13. 
Population   of,   p.   565,  §  4005c. 
Population   of  counties  to  determine  compensation,  fixing  by  supervisors,  p.  683, 

§  4242,  subd.  16. 
Public  administrator,   fees  of,  p.   681,  §  4242,   subd.   9. 
Recorder,    deputy  and  assistants,  appointment,  number  and  compensation,  p.  679, 

§  4242,  subd.  3. 
Recorder,   fees  and  commissions  to  be  paid  into  treasury,  p.  679,  §  4242,  subd.  3. 
Recorder,   salary  and  allowances,  p.   679,  §  4242,   subd.   3. 
Registrar  of  voters,   salary,  fees,   allowances,   deputies  and  assistants,  pp.   596, 

601,  §  4149e. 
Sheriff,   salary,    commissions,    fees   and   mileage,   p.    679,  §  4242,    subd.   2. 
Sheriff,   under-sheriff    and    deputy,     appointment    and    salaries,    p.    679,  §  4242, 

subd.  2. 
Superintendent    of    schools,    deputy,    appointment    and    salary,    p.    682,  §  4242, 

subd.  11. 
Superintendent   of   schools,  office  hours,  p.  682,  §  4242,  subd.   11. 
Superintendent   of   schools,    salary   and   expenses,   p.    682,  §  4242,    subd.    11. 
Supervisors,   salary,   mileage   and   expenses  of,  p.   684,  §  4242,   subd.    17. 
Surveyor,    cost  of  assessor's  maps  a   county   charge,   p.   682,  §  4242,   subd.    12. 
Surveyor,   deputies   and   field   assistants,    appointment    and    salaries   of,   p.    682, 

§  4242,  subd.  12. 
Surveyor,    expenses  for  field  assistants  a  county  charge,  p.  682,  §  4242,  subd.  12. 
Surveyor,    salary  of,  p.   682,  §  4242,   subd.   12. 
Tax   collector,  deputies  and  assistants,  number,  appointment  and  salnrifs,  p.  680, 

§  4242,   subd.  6. 
Tax   collector,    .salary   of,    p.    680,  §  4242,    subd.    6. 
Township  officers  in,  what  officers  are,   p.   082,  §  42-12,   .liiibd.    iri. 
Treasurer,    deputy,    ai)pi)intment   and    salary,    p.    680,  §  42-12,    Kubd.    5. 
Treasurer,    fees    and    connnissions    to    be    paid    into    treasury,    p.     G80,  §  4242, 

subd.  5. 
Treasurer,    salary   of,   p.    680,  §  4242,   subd.    5. 

ROADS.      See  Highways. 


2540  INDEX. 

BULES.      See  Railroad  Commissioners. 

Board  of  control,  of.      See  Board  of  Control. 

RULES  OF  COURT. 

Allowances  to  officers  for  services  cannot  be  given  by,  p.  8,  §  129. 

Courts   of   record   may   make   for   their   government    and   government    of    officers, 

p.  8,  §  129. 
Taxes,  charges  or  penalties  cannot  be  imposed  by,  p.  8,  §  129. 
To  be  spread  upon  record,  printed  and  filed  with  clerk  of  court,  p.  8,  §  130. 
Superior   court,    time   of   taking   effect,   p.   8,  §  130. 
Supreme   court,   time   of   taking  effect,   p.   8,  §  130. 

EURAL  CEMETERY  DISTRICTS. 

Lands  of  exempt  from  execution,  p.  1020,  Act  549. 

RURAL  CREDITS. 

Commission  to  investigate  European  system  of  and  to  report,  creation  of,  p.  845, 
Act  78c. 

s 

SACRAMENTO  AND   SAN  JOAQUIN  DRAINAGE   DISTRICT. 

Provisions  relating  to,   p.   1867,   Act   3035. 

SACRAMENTO   CITY. 

Armory  and  arsenal   site  for  national  guard  in,  p.   1598,  Act   2433a. 

Charter  of,  p.   1893,  Act   3039. 

State  Agricultural  Park  at.      See  State  Agricultural  Society. 

State   capitol.      See   Capitol. 

State   Fair  ground.      See  State  Fair. 

SACRAMENTO   COUNTY. 

Assessor,  commissions  for  collecting  poll  or  personal  property  taxes,  not  allowed 
to,  p.   645,  §  4235,   subd.  8. 

Assessor,  deputies  and  assistants,  number,  enumeration,  appointment  and  sal- 
aries, p.   645,  §  4235,   subd.  8. 

Assessor,    salary  of,  p.  645,  §  4235,  subd.  8. 

Auditor  and  recorder  separated  and  not  to  be  consolidated,  p.  650,  §  4235, 
subd.   17. 

Auditor,  assistants  and  clerks,  appointment,  number  and  salary,  p.  643,  §  4235, 
subd.  4. 

Auditor,  report  as  to  additional  assistants,  p.   643,  §  4235,   subd.  4. 

Auditor,  salary  of,  p.   643,  §  4235,   subd.  4. 

Board  of  education,  compensation  and  mileage  and  how  claims  presented,  audited 
and  paid,  p.  647,  §  4235,   subd.   12. 

Classification  of,  p.  567,  §  4006. 

Constables,   offices   for,   p.    650,  §  4235,   subd.   20. 

Constables,    salaries,   compensation,   fees   and  mileage,   p.   649,  §  4235,    subd.    15. 

Conveyance  of  certain  property  to  by  state   to  perfect  title,   p.   1893,   Act   3082. 

Coroner,  deputy  and  stenographer,  appointment,  powers,  duties  and  salary  of, 
p.   645,  §  4235,   subd.   10. 

Coroner,  fees  of,  p.  645,  §  4235,  subd.  10. 

Coroner,  powers  and  duties  of,  p.  645,  §  4235,   subd.  10. 


INDEX.  2541 

SACRAMENTO  COUNTY  (Continued). 

County   analyst,    appointment,    qualifications,    duties    and    salary,    p.    650,  §  4235, 

subd.  19. 
County   clerk,    deputies    and    clerks,    number,    appointment,    enumeration    of    and 

salaries,    p.    642,  §  4235,    subd.    1. 
County   clerk,   salary  of,   p.   642,  §  4235,   subd.    1. 

County   detective,   appointment,   duties   and   salary,   p.   645.  §  4235,   subd.   9. 
District    attorney,  deputies  and  clerks,  number,  appointment  and  salaries,  p.  645, 

§  4235,  subd.  9. 
District   attorney,   expenses  of,    allowance   of,   p.    645,  §  4235,   subd.   9. 
District   attorney,    salary  of,   p.   645,  §  4235,   subd.   9. 

Fish  and  game  warden,  salary  and  e.xpenses  and  how  paid,  p.   594,  §  4149d. 
Jurors,  fees  and  mileage,  p.   650,  §  4235,  subd.   18. 
Justices,   fees,   payment   into   treasury,   p.    648,  §  4235,   subd.    14. 
Justices,  offices  for,  p.  650,  §  4235,   subd.  20. 
Justices,    population,    for   fixing    compensation,    how   determined,    p.    648,  §  4235, 

subd.   14. 
Justices,  salaries  and  fees  of,  p.  648,  §  4235,  subd.  14. 
License   collector,  fees  to  be  paid  to  treasury,  p.  645,  §  4235,   subd.   7. 
License   collector,    salary  and   expenses,   p.    645,  §  4235,   subd.    7. 
Population  of,  p.  565,  §  4005c. 
Recorder    and    auditor    separated    and    not    to    be    consolidated,    p.    650,  §  4235, 

subd.    17. 
Recorder,   deputies,    assistants    and    clerks,    number,    appointment    and    salaries, 

p.  643,  §  4235,  subd.  3. 
Recorder,  salary  of,  p.  643,  §  4235,   subd.  3. 
Registrar   of  voters,    salary,    fees,   allowances,    deputies   and   assistants,   pp.    595, 

601,  §  4149e. 
SheriiT,    deputies    and    assistants,     number,     enumeration     of,     appointment     and 

salaries,   p.   642,  §  4235,   subd.   2. 
Sheriff,   salary,   expenses,   fees,   commissions  and  allowances  of,   p.    642,  §  4235, 

subd.  2. 
Superintendent  of  schools,    deputy,    appointment    and    salary,    p.    647,  §  4235, 

subd.  12. 
Superintendent  of   schools,   salary  and  expenses  of,   p.   647,  §  4235,   subd.    12. 
Supervisors,   salaries  and  mileage   of,   p.    650,  §  4235,    subd.   16. 
Surveyor,    compensation,  where  required  to  make  assessor's  map  or  block-books, 

p.   647,  §  4235,   subd.   13. 
Surveyor,   salary  and  expenses,   p.   647,  §  4235,   subd.    13. 
Tax   collector,  deputy  and  assistants,  number,  appointment  and  salaries,  p.   644, 

§  4235,  subd.  6. 
Tax  collector,  salary  of,  p.  644,  §  4235,  subd.  6. 
Treasurer,    commissions  of,  p.   644,  §  4235,   subd.   5. 
Treasurer,    deputy,   appointment   and   salary,   p.   644,  §  4235,   subd.   5, 
Treasurer,    salary,  p.   644,  §  4235,   subd.   5. 

SACRAMENTO   DRAINAGE   DISTRICT. 

Repeal  of  act  creating,  p.  1083,  Act  979. 

SACRAMENTO  PERCH.      See   Game   T>aws. 

SACRAMENTO  RIVER. 

Accomplishment    of    work    for   iinprovcment   of    navigation,    appropriation    for.    ]). 
1975,  Act  3818. 


2542  INDEX. 

SACRAMENTO   RIVER   (Continued). 

Appropriation  for  rectifying  channel  of,  p.  1974,  Act  3815a. 

Expenditure  of  money  to  improve  navigation,  act  to  enable,  p.  1973,  Act  3816a. 

Owners   of    land   authorized   to   sue    state    for   injuries   from    "Newtown    ietties" 

in,  p.   1965,   Act   3798a. 
Reclamation  of  lands  along,  provisions  relating  to,  p.   1867,  Act  3035 
Rectifying  channel  of,  p.  2332,  Act  4368b. 

SAGE-HEN.      See  Game  Laws. 

SAILORS.      See  Soldiers  and  Sailors. 

SALARIES.      See  Offices  and  Officers. 

Assignment  of,  provision  relating  to,  p.   152,  §  955. 

Attorney  general,    clerks,  reporters  and  stenographers  of,  p.   302,  §  475. 

Attorney  general,    deputies  of,   p.   302,  §  472. 

Banks,   employees  of   superintendent  of  banks,  p.   913,   Act  297,  §  121. 

Banks,    superintendent  of,  p.  913,   Act  297,  §  120. 

Board   of   control,   appointees  of,   p.   325,  §  655. 

Board   of   control,  of  members  of,  p.  325.  §  655. 

Building  and  loan   commissioner,  p.  972,   Act  428. 

Bureau  of  labor  statistics,   salary  of  commissioner  of  and  of  his   deputies  and 

assistants,  p.  1383,  Act  1828. 
California  Redwood  Park,   of  warden  of,  p.   1006,   Act   511. 
Claims    for    exempt    from    provisions    relating    to    allowance    of    claims,    p.    329, 

§  674. 
Controller,  o'f  appointees  of,  p.  298,  §  440. 

County  horticultural   commissioner,    of,   p.    493,  §  2322 ;    p.    496,  §  2322d. 
County  horticultural    commissioner,    of   inspectors    or   deputies,    p.    496,  §  2322d. 
County   officers,  of,   to  be  in  full   compensation  for  services,  p.  815,  |  4290. 
Department  of   accounting,   of  officers  of,  p.   333,  §  686. 

Department   of   engineering,   of   officers   and   assistants,   p.   1973,   Act   3812,  §  17. 
Deputy  superintendent  of  schools,  of,  p.  402,  §  1550. 
Deputies,  what  paid  out  of  salaries  of  principals,  p.   815,  §  4290. 
District   courts   of  appeal,   of   officers   of,   p.    337,  §  758. 
Election   commissioners   of   San   Francisco,  of,  p.  342,  §  1077. 
Election   commissioners   of   San    Francisco,    of   secretary   of,   p.    342,  §  1077. 
Fish   and   game  wardens,   of,   p.   594,  |  4149d. 

Industrial   accident  board,   of  members  of,  p.   1417,  Act  2144a,  §  3. 
Industrial   accident   commission,  of  officers  and  employees  of,  p.  1419,  Act  2144a, 

§  8. 
Justices'   clerks  in   cities  of  the   second  class,   of,  p.   5,  §  102b. 
Justices   of   the   peace   of  cities  of  certain   classes,   of,  p.   6,  §  103. 
Justices   of  the   peace  in  cities  of  the  second  class,  of,  p.   5,  §  102b. 
Officers,  of.      See  Offices  and  Officers. 
Particular  officer.      See  particular  title. 
Probation  officers,   of,   p.   1368,   Act   1770,  §  14a  et   seq. 
Railroad  commissioners,   of.      See   Public  Utilities,   II. 

Railroad  commissioners,   officers  and  employees  of,  p.   1739,  Act  2886,  §  10a. 
Railroad   commissioners,    of,    p.    1739,    Act   2886,  §  10a.        ';  j.':^IT  O^ 
Salary  fund,  fees  collected  set  apart  as,  p.   820,  §  4305. 
School  trustees,  of  clerk  of,  p.  406,  §  1576a. 
Secretary  of   state,   of,   p.   295,  §  415. 


INDEX.  2543 

SALARIES  (Continued). 

Secretary   of   state,    of   appointees   of,    p.   294,    §§    413,   414.      See,   also,   p.   295, 

§§  417-426. 
Sheep  inspectors,  of,  p.  2261,   Act  4295. 

State   board  of   health,  assistant  secretary  of,  p.  511,  §  2982. 
State   board   of  health,  of  secretary  of,  p.  511,  §  2982. 

State   capitol,   of  appointees  of  superintendent,   p.   335,  §  718;   p.   336,  §  719. 
State   capitol,  superintendent  of,  of,  p.  334,  §  716. 
State   horticultural     commissioners,     deputies     and     assistants     of,     enumerated, 

p.  488,   §  2319. 
State   horticultural   commissioner,   of,   p.   488,  §  2319. 
Superior  judges,   of,   p.   336,  §  737. 

Superior  judge  of  Kern  county,  of,  p.  1382,  Act  1794. 
Supreme  court,  officers  of,  p.  336,  §  739. 
Surveyor  general,  appointees  of,  p.  303,  §  485. 
Sutter's  Fort,  gardener  for,  p.   2128,  Act  4018. 
Treasurer,  state,  deputies  and  assistants  of,  p.  301,  §  456. 

SALES.      See  Adulteration. 

False    weights    and    measures,    use    of    in,    prevention    of    and    punishment    for, 

p.   2344,  Act  4384. 
Labels   on   furniture   stuffed  with   shoddy,   duty  of  labor  commissioner,   p.   1403, 

Act  2062. 
Mislabeled  or  misbranded  foods,   drugs,   insecticides,   fungicides,  etc.,   prevention 

of,   p.    824,    Act   29;    p.    827,    Act    48. 
Misrepresentation    of   kind   of   labor   employed   in   producing   goods,    punishment 

of,  p.  124,  §  349a. 
Net  container  bill,  p.   1601,  Act  2453. 
Provision  for  indicating  net  quantity  of  foodstuffs  prepared  for  food  when  sold 

in   containers,   p.   1601,   Act  2453. 
Unfair  competition.      See  Unfair  Competition. 

SALINAS  CITY. 

Charter  of,  p.  1895,  Act  3088. 

SALMON.      See  Game  Laws. 

SAN  BENITO  COUNTY. 

Assessor,   commissions    paid    into    treasury    for   benefit    of    salary    fund,    p.    787, 

§  4272,   subd.   7. 
Assessor,   deputies,    number,   appointment   and   salaries,   p.   787,  §  4272,   subd.   7. 
Assessor,    salary   of,    p.    787,  §  4272,    subd.    7. 
Auditor,   salary  of,   p.   787,  §  4272,   subd.   4. 

Board   of   education,   salaries  and  mileage,  p.  789,  §4272,   subd.   16. 
Board   of   education,  secretary,  salary  and  e.xpenses  oi,  p.  789,  §  4272,  subd.   16. 
Classification   of,    p.   5G9,  §  4006. 
Constables,  population,  how  ascertained  for  purpose  of  fl.xing  salaries  of,  p.   789, 

§  4272,  subd.   17. 
Constables,   salaries,   fees  and  expenses  of,  p.   789,  §  4272,  subd.   14. 
Coroner,   fees  of,   p.   788,  §  4272,    subd.    9. 

County   clerk,    deputy,   appointment  and   salary  of,   p.   786,  §  4272,   subd.    1. 
County   clerk,    salary   and    fees   of,    p.    786,  §  4272,    subd.    1. 
District   attorney,    salary    of,    p.    788,  §  4272,    subd.    8. 


2544  INDEX. 

SAJJ  BENITO   COUNTY   (Continued). 

Fish   and  game  -warden,   salary  and  expenses  and  how  paid,   p.  594,  5  4'l49d. 
Justice.s,   population,    how    ascertained    for    purpose    of    fixing    salaries,    p.    789, 

§  4272,    subd.    17. 
Justices,    saiariep  and   fees  of,   p.   788,  §  4272,   subd.    13. 
Populafion   of,   p.    566,  §  4005c. 

Public   administrator,    fees    of,    p.    788,  §  4272,    subd.    10. 
Recorder,    copyists,  appointment  and  salary  of,  p.  787,  §  4272,  subd.  3. 
Recorder,   salary   of,   p.    787,  §  4272,   subd.    3. 
Registrar  of  voters,   salary,   fees,   allowances,   deputies   and  assistants,   pp.    599, 

601,  §  4149e. 
Sheriff,  salary,  fees,  commissions  and  mileage,  p.  787,  §  4272,  subd,  2. 
Superintendent   of   schools,    expenses   of,   p.    788,  §  4272,    subd.    11. 
Superintendent   of   schools,   salary  of,  p.  788,  §  4272,   subd.   11. 
Supervisors,   salary  and   mileage,   p.   788,  §  4272,   subd.   15. 
Survejror,  fees  of,  p.  788,  §  4272,  subd.   12. 
Tax  collector,  salary  of,  p.  787,  §  4272,   subd.  6. 
Treasurer,   salary  of,   p.   787,  §  4272,    subd.  5. 

SAN   BERNARDINO   CITY. 

Charter  of,  p.   1895,   Act   3088. 

SAN  BERNARDINO  COUNTY. 

Assessor,   deputy,   appointment  and   salary,   p.    658.  §  4237,    subd.    7. 

Assessor,    salary  and  percentages,   p.   658,  §  4237,    subd.    7. 

Auditor,    deputy  and  clerks,    appointment,   number  and  salaries,   p.   657,  §  4237, 

subd.  4. 
Auditor,   duties   of,   p.    657,  §  4237,    subd.   4. 
Auditor,   salary  of,  p.   657,  §  4237,   subd.   4. 
Board  of   education,  claims  of,  how  presented,  audited  and  paid,  p.  659,  §  4237, 

subd.   12. 
Board   of   education,   compensation   and  mileage,   p.   659,  §  4237,   subd.   12. 
Board   of   education,   secretary   of,   salary  of,   p.   659,  §  4237,    subd.   12. 
Charter  of,  p.   1895,   Act   3110. 
Classification  of,  p.   567,  §  4006. 

Constables,   salaries   and  fees   of,  p.   660,  §  4237,   subd.   15. 
Coroner,  fees  of,  p.   658,  §  4237,   subd.   9. 

County   clerk,   deputies,   appointment   and   salaries,   p.   657,  §  4237,    subd.   1. 
County   clerk,  salary,  fees  and  allowances,  p.  657,  §  4237,  subd.  1. 
District   attorney,    deputies,    appointment,    number,    qualifications    and    salaries, 

p.   658,  §  4237,   subd.   8. 
District   attorney,  salary  of,  p.  658,  §  4237,  subd.  8. 

Fish  and  game  warden,  salary  and  expenses  and  how  paid,  p.  594,  §  4149d. 
Jurors,    grand,   compensation   and  mileage,  p.   660,  §  4237,   subd.    17. 
Jurors,    trial,   compensation  and  mileage  of,  p.   660.  §  4237,  subd.  17. 
Justices,   salaries  and  fees  of,  p.   659,  §  4237,   subd.   14. 
Population   of,   p.   565,  §  4005c. 

Population   of  townships  in,   how   determined,   p.   660.  §  4237,   subd.   18. 
Public   administrator,   fees   of,   p.   659,  §  4237,    subd.    10. 
Recorder,    deputy,   appointment   and   salary,   p.   657.  §  4237,    subd.   3. 
Recorder,    salary  of,  p.   657,  §  4237,   subd.   3. 
Registrar  of   voters,   salary,   fees,    allowances,    deputies   and   assistants,    pp.    595, 

601,  §  4149e. 


INDEX.  2545 

SAN   BEENAEDINO   COUNTY    (Continued). 

Sheriff,  deputies  and  assistants,  number,  enumeration,  appointment  and  salaries, 

p.   657,  §  4237,   subd.   2. 
Sheriff,   salary,   fees,   commissions  and  mileage,   p.   657,  §  4237,   subd.   2. 
Superintendent   of   schools,     deputy,     appointment     and    salary,    p.     659>  §  4237, 

subd.   11. 
Superintendent   of   schools,   office   hours   of,   p.   659,  §  4237,    subd.   H. 
Superintendent   of   schools,  salary  of,   p.  659,  §  4237,   subd.   11. 
Supervisors,    salaries   and   expenses   of,   p.    660,  §  4237,    subd.    16. 
Surveyor,   deputies    and   assistants,   number,    appointment    and    salaries,    p.    659, 

§  4237,   subd.   13. 
Surveyor,    salary  and   expenses,   of,   p.   659,  §  4237,   subd.    13. 
Tax   collector,     deputies     and     assistants,     appointment,     number     and     salaries, 

p.  658,  §  4237,  subd.  6. 
Tax   collector,   salary   of,  p.   658,  §  4237,   subd.   6. 
Tax   collector  to  receive  no  fees  or  commissions  for  collection  of  taxes,  p.  658, 

§  4237,   subd.   6. 
Treasurer,    deputy,   appointment   and   salary,   p.   658,  §  4237,   subd.   5. 
Treasurer,  salary  of,  p.  658,  §  4237,  subd.  5. 

SAN  BUENAVENTURA. 

Highway  between  Bakersfield  and  San  Buenaventura  declared  to  be,  p.  1230, 
Act   1457h. 

SAN  DIEGO  CITY.      See  Panama-California  Exposition;   San  Diego  Harbor. 
Armory  and  wharf  at,  purchase   of  by  state,   p.   1902,   Act  3158b. 
Armory  building  and  wharf  in  San   Diego  bay,  purchase  of  by  state,  p.   1599, 

Act   2433b. 
Charter   of   and   amendments   to,   p.    1896,   Act    3145. 
Exposition  at.      See  Expositions. 

Grant  of  tide  lands  to  by  state,  p.  1899,  Act  3158a. 
Normal  school  at.      See   Schools. 

SAN  DIEGO  COUNTY. 

Additional  assistance  to  incumbent  where  work  not  brought  down  to  date 
by   predecessor,    p.    656,  §  4236,    subd.    17. 

Assessor,  deputies  and  clerks,  number,  enumeration  of,  appointment  and  sal- 
aries,   p.    653,  §  4236,    subd.    7. 

Assessor,   salary  of,  p.   653,  §  4236,   subd.   7. 

Assessor,  tcJ  receive  no  commissions  or  compensation  outside  of  salary,  p.  653, 
§  4236,   subd.   7. 

Auditor,   deputies,   number,   appointment   and   salaries,   p.   652,  §  4236,   subd.   4. 

Auditor,    salary  of,  p.   652,  §  4236,   subd.   4. 

Board  of  education,  secretary  to  receive  no  compensation,  p.  654,  5  4236, 
subd.   9. 

Classification   of,  p.  567,  §  4006. 

Clerks,  copyists  and  employees,  time  and  manner  of  payment  of,  p.  656,  §  4236, 
subd.    17. 

Constables,   offices   and   furniture   for,   p.   655,  §4236,   subd.    IS. 

Constables,    salaries,   fees,   expenses   and   allowances,   p.   655,  §  4236,   subd.    13. 

Coroner,  assistants  of  and  salariss  and   fees  of,  p.   655,  §  4236,  subd.   11. 

Coroner,   salary  and  expenseii  of,  p.  655,  §  423C,  subd.  11. 

160 


2546  INDEX. 

SAN  DIEGO   COUNTY   (Continued). 

County  clerk,  deputies,  clerl£S  and  assistants,  number,  appointment  and  sal- 
aries,  p.    650,  §  4236,   subd.   1. 

County   clerlf,   salary  of,   p.    650,  §  4236,   subd.   1. 

Deputies,    time   and  manner  of  payment   of  salary,   p.   656,  §  4236,   subd.   17. 

District  attorney,  deputies  and  stenographer,  number,  appointment  and  salaries, 
p.   654,  §  4236,   subd.   8. 

District   attorney,    salary   of,   p.    654,  §  4236,    subd.    8. 

Fish   and  game  warden,   salary  ancl  expenses  and  how  paid,  p.   594,  §  4149d. 

Justices,   offices  and  furniture,   p.   655,  §  4236,   subd.   14. 

Justices,   salaries   and  fees  of,   p.   655,  §  4236,    subd.   14. 

License  collector,  salary  of,  p.  653,  §  4236,  subd.   7. 

Poll  taxes  and  road  poll  taxes,  commissions  for  collecting  to  be  allowed  county 
on   settlement   with    state,    p.    653,  §  4236,    subd.    7. 

Population   of,   p.   565,  §  4005c. 

Public  administrator,  fees  of,  p.  655,  §  4236,  subd.  10. 

Recorder,  deputies  and  assistants,  number,  appointment  and  salaries,  p.  652, 
§  4236,    subd.    3. 

Recorder,   salary  of,  p.   652,  §  4236,   subd.   3. 

Registrar  of  voters,  salary,  fees,  allowances,  deputies  and  assistants,  pp.  595, 
601,  §  4149e. 

Sheriff,  deputies,  clerks,  and  assistants,  nuinber,  enumeration,  appointment, 
and  salaries,  p.  651,  §  4236,  subd.  2. 

Sheriff,    payment  of  fees  into  county  treasury,  p.   651,  §  4236,   subd.  2. 

Sheriff,    salary,  allowances  and  expenses  of,  p.  651,  §  4236,  subd.  2. 

Superintendent  of  schools,  deputy  and  bookkeeper,  appointment  and  salary, 
p.    654,  §  4236,    subd.    9. 

Superintendent   of   schools,    salary    of,    p.    654,  §  4236,    subd.    9. 

Superior  judges,  increase  in  number  of,  p.  1902,  Act  3172a:  p.  1903,  Act  3173. 

Supervisors,   salary  and  mileage  as,  p.   656,  §  4236,   subd.   15. 

Supervisors,  salary  and  mileage  for  acting  as  road  overseer,  p.  656,  §  4236, 
subd.    15. 

Surveyor,  deputy  and  assistants,  number,  enumeration,  appointment  and  sal- 
aries, p.   655,  §  4236,   subd.   12. 

Surveyor,    salary   of,   p.   655,  §  4236,    subd.    12. 

Tax  collector,  deputies,  clerks  and  assistants,  appointment,  number  and  salaries, 
p.    653,  §  4236,    subd.    6. 

Tax   collector,    salary   and    fees,    p.    653,  §  4236,    subd.    6. 

Treasurer,   deputy,   salary  of,   p.   653,  §  4236,   subd.   5. 

Treasurer,   fees  to  be  paid  to   county    treasury,  p.    653,  §  4236,    subd.   5. 

Treasurer,    salary  of,   p.   653,  §  4236,   subd.   5. 

Treasurer,  to  receive  no  compensation  for  services  in  connection  with  inheritance 
tax,   p.   653,  §  4236,   subd.   5. 

SAN  DIEGO  HARBOR. 

Pilot   commissioners  for,   creation   of  board  of,  p.   1896,   Act   3158. 
Pilot   commissioners  for,   duty  and  compensation,   p.   1896,   Act   3158. 
Pilots  for,  law  governing,   p.   1896,   Act   3158. 

Purchase  by  state  of  armory  building  and  wharf  on  San  Diego  bay,  p.  1902. 
Act  3158b. 

SAN  FRANCISCO. 

Armory  for  national  guard  at,  appropriation  for  partial  completion  and  fur- 
nishing,   p.    1598,    Act   2431b. 


,  INDEX.  2547 

SAN  FBANCISCO  (Continued). 

Assessor,    commissions    for    collection    of    personal    property    or    poll    taxes    not 

allowed  to,   p.   815,  §  4290. 
Assessor,    no    compensation    allowed    to    for    making    out    military-roll,    p.    815, 

§  4290. 
Assessor  to  receive  no  commissions  or  allowances  in,   p.   816,  §  4290. 
Authorized   to   construct  railroad  on   lands  of   harbor   commission,   p.    1904,   Act 

3347. 
Bonds    for    improvement    of    harbor    of,    submission    of    question    of    to    people, 

p.  1206,  Act  1436a. 
Charter  of  and  amendments  of,  p.  1903,  Act  3177. 
Classification  of,  p.  566,  §  4006. 
Consent    of    city    attorney    to    cancellation    of    erroneous    assessment    or    sale    of 

property   for 'taxes,    p.    558,  §  3804a. 
Election   commissioners  of,    chairman   of,   p.   340,  §  1075. 
Election   commissioners    of,     deputies     and    clerks,     appointment,     qualifications, 

salaries  and  powers  of,  p.   342,  §  1077. 
Election   commissioners,     expenditures,    control    and    supervision    over,    p.    343, 

§  1079. 
Election   commissioners   of,    expenditures,    duty   and   discretion   as   to    calling  for 

bids,   p.   343.  §  1079. 
Election   commissioners   of,   ineligibility   to   other   office,   p.   340,  §  1075. 
Election    commissioners   of,    number   of,    qualifications   and   appointment,    p.   340, 

§  1075. 
Election   commissioners   of,   oaths   of,   p.    342,  §  1077. 
Election   commissioners   of,    protest    against    appointment    for    want    of   political 

affiliations  and  proceedings   on,   p.   340,  §  1075. 
Election   commissioners   of,    salaries   of,   p.    342,  §  1077. 
Election   commissioners   of,    secretary,    appointment,    term    of    office    and    salary, 

p.    342,  §  1077. 
Election  commissioners  of,    secretary,    disobedience   of   statute,   removal   of   and 

filling  of  vacancy,  p.   342,  §  1077. 
Election   commissioners   of,    secretary   of,    ineligible   to   be   candidate   for   conven- 
tion or  for  an  office,  p.  342,  §  1077. 
Election   commissioners   of,   secretary  of,  not  to  engage  in  other  calling,   p.   342, 

§  1077. 
Election  commissioners  of,   secretary  of,   oath  of,  p.   342,  §  1077. 
Election   commissioners   of,  secretary  of,  powers  and  duties  of,  p.  342,  §  1078. 
Election  commissioners   of,   term   of   office   of,    p.   340,  §  1075. 
Election   commissioners   of,    two    to    Vje    selected    for    political    affiliations    from 

parties  casting  highest  votes,  p.  340,  §  1075. 
Election    commissioners   of,   vacancy,   filling   of,   qualifications   and    term   of   office 

of  appointee,  p.   342,  §  1077. 
Elections,  generally.      See  Elections. 
Elections,   oalh,    false,    is   perjury,    p.    342,  §  1077. 
Elections,   oaths,   what  officers  may  administer,  p.  342,  §  1077. 
Erroneous   tax    assessment,    conse.it    of    city    attorney    to    cuntellntinn    of,    or   of 

certificate   or  deed,  p.   558,  §  3804a. 
Exchange   of    lands    belonging   to    stale   for   lands    belonging    to    city    authorized, 

p.   1905,   Act   3348a. 
Fish  and  game  warden,  salary  and  expenses  and  how  paid,  p.  594,  §  4149d. 
Harbor  commissioners  for.      See  Harbor  CommiRsioners. 
Harbor  commission   for,  creation  of,   powers,  duties,  etc.,  p.   1212,   Act   1439. 


2548  INDEX. 

SAN  FEANCISCO   (Continued). 

License    collector,    no    commissions    for    collecting    licenses    allowed    to,    p.    815, 

S  4290. 
Notaries,   number  of  that  may  be  appointed  in,   p.   338,  §  791. 
Officers,   salaries  and  fees  of,  p.  615,  §  4231. 
Part   of   expense   of   maintaining   fire   boats   to   be   borne   by   state,   p.    1905,    Act 

3348. 
Police,  rules  governing  officers,   trial  of,  penalties  and  right  of  appeal,  p.   1670, 

Act  2737. 
Population  of,  p.  565,  §  4005c. 

Port  wardens  for,  number  and  appointment  of,  p.  499,  §  2501. 
Registrar  of   voters,    salary,   fees,    allowances,   deputies   and   assistants,   pp.    595, 

601,  §  41496. 
Salaries  of  officers  of,  p.   615,  §  4231. 
State   building   in,   construction,   erection,  equipment  and  furbishing  of,  p.    1704, 

Act  2822b. 
State   building  in,  provisional  repeal  of  act  providing  for,  p.   1698,  Act  2819. 
State   building  in,    submission    of    issuance    of    bonds    for    to    people,    p.  ,1699, 

Act   2822a. 
Superior   court,   any  one  or  more  of  judges  may  hold  court,   p.   2,  §  67. 
Superior   court,  four  additional  judges,  appointment,  term  of  office  and  salaries, 

p.  2,  §  67. 
Superior   court  of,    number   of  'judges,    p.   2,  §  67. 
Superior   court   of,   number  of   sessions  of,  p.   2,  §  67. 

Superior   court   of,  presiding  judge,   election   and  removal   of,  p.   2,  §  67. 
Superior   court,   presiding  judge,   duties  of,  p.   2,  §  67. 
Superior   court,  proceedings  of  one  session  as  effective  as  if  all  judges  presided, 

p.   2,  §  67. 

SANITARY  DISTRICTS. 

Amendment   of   act  of   1891   relating  to,   p.   1906,   Act   3349. 

SANITATION.      See  Public  Health. 

SANITY.      See  Insane  Persons. 

SAN  JOAQUIN  COUNTY. 

Assessor,    deputies  and  assistants  and  salaries  of,  p.   663,  §  4238,   subd.  17. 

Assessor,    salary   and   expenses  of,   p.   661,  §  4238,   subd.   7. 

Auditor,   deputies   and   assistants,    p.    663,  §  4238,    subd.    17. 

Auditor,    salary  of,  p.   661,  §  4238,   subd.  4. 

Bonds   of   officers     of     to     be     executed    by    bonding    company,     p.     663,  §  4238, 

subd.   16. 
Bonds   of  officers,  premium  for  a  county  charge,  p.  663,  §  4238,   subd.   16. 
Classification   of,    p.    567,  §  4006. 

Constables,    salaries,   fees,   mileage  and  allowances  of,  p.   662,  §  4238,   subd.   14. 
Coroner,  fees  of,   p.   661,  §  4238,   subd.  9. 

Coroner,  one  deputy  for,  to  be  paid  from  coroner's  fees,  p.  663,  §  4238.  subd.  17. 
County   clerk,    deputies    of,    number,    appointment    and    salaries,    p.    663,  §  4238, 

subd.   17. 
County   clerk,    salary,   allowances   and  fees,   p.    661,  |  4238,    subd.    1. 
District   attorney,    assistanl    and   deputy    and   stenographer,    salaries   of,    p.    663, 

§  4238,  subd.  17. 


INDEX.  2549 

SAN  JOAQTHN   COUNTY   (Continued). 

District  attorney,  salary  of,  p.   661,  §  4238,   subd.   8. 

Fees,    commissions,   mileage,   etc.,   except   as  otherwise  provided   to  be   paid   into 

county  treasury,  p.   665,  §  4238.   subd.   18. 
Fish  and   game,   salary  and   expenses   and  how  paid,   p.    594,  §  4149d. 
Jurors,   grand,   compensation  and  mileage  of,  p.   665,  §  4238,   subd.   19. 
Jurors,   trial,   compensation  and  mileage  of,  p.   665,  §  4288,   subd.   19. 
Justices,    clerk,    appointment,    term    of    office,    duties,    compensation    and    bond, 

p.   661,  §  4238,   subd.   13. 
Justices,    salaries   and   fees   of,   p.    661,  §  4238,    subd.    13. 
Population   of,   p.   565,  §  4005c. 

Public   administrator,    fees   of,   p.    661,  §  4238,   subd.    10. 
Recorder,    deputies    and   assistants,    number,    appointment    and    salaries,    p.    664, 

§  4238,   subd.   17. 
Recorder,   salary  of,  p.   661,  §  4238,   subd.   3. 
Registrar   of   voters,    salary,    fees,    allowances,    deputies   and   assistants,   pp.    595, 

601,  §  4149e. 
Salaries,  fees,  mileage  and  commissions  to  be  in  full  for  official  services,  p.  665, 

§  4238,   subd.    18. 
Salaries  not  to  be  paid  until  fees,   commissions,  etc.,  paid  into  treasury  p.  663, 

§  4238,  subd.   18. 
Sheriff,   deputies    and    assistants,    appointment,    number,    enumeration    and    sal- 
aries, p.  663,  §  4238,  subd.   17. 
Sheriff,   salary   and  expenses  of,   p.   661,  §  4238,    subd.   2. 
Superintendent    of    schools,    salary    and    traveling    expenses    of,    p.    661,  §  4238, 

subd.   11. 
Supervisors,   salaries,   expenses   and  mileage,   p.   663,  §  4238,   subd.   15. 
Surveyor,   deputy  and  salary  of,  p.   663,  §  4238,  subd.   17. 
Surveyor,   salary  and  expenses  of,  p.   661,  §  4238,   subd.   12. 
Tax   collector,    salary   of,   p.   661,  §  4238,    subd.    6. 

Tax   collector,   to   pay   his  own   traveling  expenses,   p.   661,  §  4238,   subd.   6. 
Treasurer,    deputies   and  salaries   of,   p.   663,  §  4238,   subd.   17. 
Treasurer,    salary   of,    p.    661,  §  4238,    subd.    5. 

SAN  JOAQUIN  DRAINAGE  DISTRICT.      See  Sacramento  and  San  Joaquin  Drainage 
District. 

SAN  JOAQUIN  RIVER. 

Accomplishment  of  work  of  direct  improvement  of,  appropriation  for,  p.    1975, 

Act   3818. 
Acquisition    by    state    of    rights    of    way    for    rectification    and    improvement    of, 

p.  1913,  Act  3372. 
Appropriation   for  rectifying  channel  of,  p.    1974,   Act'  3815a. 

Expenditure  of  money  to  improve  navigation,  act  to  enable,  p.   1975,  Act   381Ga. 
Reclamation  of  lands  along,   provisions  as  to,  p.   1867,  Act  3035. 
Rectifying  channel  of,  p.  2332,  Act  4.'5f,8b. 

SAN  JOSE. 

Harbor    commission,    creation,    apiioiii'nient,    powers,    duliis,    etc.,    p.     Ij  IJ,    Acl. 
1439. 

SAN  LUIS  OBISPO  CITY. 

Ch.Trter   ami   ameinlmentg,   p.   1914,   Act   3417. 


2550  INDEX. 

SAN  LtnS   OBISPO   COUNTY. 

Assessor,   deputy,   salary   of,   p.   740,  §  4256,   subd.   7. 

Assessor,   salary  of,   p.    740,  §  4256,   subd.    7. 

Auditor,   deputy,   appointment   and   salary  of,  p.   740,  §  4256,   subd.  4. 

Auditor,    salary   of,   p.    740,  §  4256,    subd.   4. 

Classification  of,  p.  568,  §  4006. 

Constables,  fees  of,  p.   741,  §  4256,   subd.   14. 

Coroner,   fees  of,   p.    740,  §  4256,    subd.   9. 

County   clerk,    deputies,    number,    appointment,    salaries   and   allowances,   p.    739, 

§  4256,    subd.   1. 
County   clerk,    salary    of,    p.    739,  §  4256,    subd.    1. 
District   attorney,    deputy    and    clerk,    appointment    and    salary,    p.    740,  §  4256, 

subd.   8. 
District   attorney,   salary  of,   p.   740,  §  4256,    subd.   8. 

Fish  and  game  warden,  salary  and  expenses  of  and  h»w  paid,  p.  594,  §  4i49d. 
Jurors,    grand,  compensation  and  mileage,  p.  742,  §  4256,   subd.  16. 
Jurors,   trial,    compensation   and  mileage,   p.   742,  §  4256,   subd.   16. 
Justices,    salaries    and  offices,   p.   741,  §  4256,   subd.   13. 
Justices,   supervisors    to    furnish    codes    and    amendments     to,    p.     741,  §  4256 

subd.    13. 
Population    of,    p.    566,  §  4005c. 

Public   administrator,   fees   of,    p.    740,  §  4256,   subd.    10. 
Recorder,   salary   and  allowances   of,   p.   740,  §  4256,   subd.   3. 
Registrar   of   voters,    salary,   fees,    allowances,    deputies   and   assistants,   pp.    598, 

601,  §  4149e. 
Sheriff,  salary  of,  p.  740,  §  4256,  subd.  2. 

Superintendent   of   schools,   deputy,   salary  of,  p.   741,  §  4256,   subd.    11. 
Superintendent    of   schools,    salary    and    expenses    of,    p.    741,  §  4256,    subd.    11. 
Supervisors,    salaries,  e.xpenses  and  mileage,   p.  741,  §  4256,   subd.   15. 
Supervisors,    salary  and  expenses  as  road  overseer,  p.   741,  §  4256,  subd.  15. 
Surveyor,   assistant,    appointment   and   salary,   p.    741,  §  4256,   subd.    12. 
Surveyor,   salary,    expenses   and   allowances   of,   p.    741,  §  4256,    subd.    12. 
Tax   collector,   deputy,   salary  of,  p.   740,  §  4256,   subd.   6. 
Tax   collector,    salary   of,   p.   740.  §  4256,   subd.   6. 
Treasurer,   salary  of,  p.  740,  §  4256,   subd.  5. 

SAN   MATEO    COUNTY. 

Assessor,    draftsman,   appointment   and  salary,  p.   712,  §  4249,   subd.   7. 

Assessor,    salary  of,  p.   712,  §  4249,   subd.   7. 

Auditor,   deputy  and  copyist,   appointment  and  salaries,  p.  7t2,  §  4249,   subd.  4. 

Auditor,   salary  of,  p.   712,  §  4249,   subd.  4. 

Auditor   to   withhold  justice's  warrant   until   statement   filed   by,   p.    715,  §  4249, 

subd.   19. 
Board  of   education,     members,     compensation     and     mileage,     p.     714,  §  4249, 

subd.   15. 
Board   of   education,   secretary,   compensation  of,  p.   714,  §  4249,   subd.   15. 
Classification  of,   p.   568,  §  4006. 

Constables,  salaries,  e.xpenses  and  fees  of,  p.  713,  §  4249,  subd.  14. 
Coroner,   fees   of,   p.   713,  §  4249,   subd.   9. 

County   clerk,   deputy,   appointment  and  salary,   p.   711,  §  4249,   subd.   1. 
County   clerk,   salary,   fees  and  allo\*ances,  p.   711,  §  4249,   subd.   1. 
District  attorney,  salary  of,  p.   713,  §  4249,   subd.  8. 


INDEX.  2551 

SAN  MATEO  COUNTY  (Continued). 

f^ish  and  game  warden,   salary  and  expenses  and  how  paid,  p.   594,  §  4149d. 

Grand  jury,  comments  of  in  report  when  not  privileged,  p.  714,  §  4249,  subd.  18. 

Grand  jury,   duties  of,  p.   714,  §  4249,   subd.   18. 

Grand  jury,  duty  of  judge  to  charge,  p.  714,  §  4249,   subd.  18. 

Jurors,    grand,   compensation  and  mileage,  p.   714,  §  4249,   subd.   17. 

Jurors,   trial,  compensation  and  mileage  of,  p.  714,  §  4249,  subd.  17. 

Justices,   allowances,   p.   715,  §  4249,    subd.    19. 

Justices,    certain   fees   to   be   paid   to  -county   treasury,   p.    715,  §  4249,    subd.    19. 

Justices,   salaries  and  fees  of,  p.   713,  §  4249,  subd.   13. 

Population  of,  p.   565,  §  4005c. 

Public   administrator,   fees  of,   p.   713,  §  4249,    subd.    10. 

Recorder,    deputies    and    copyists,     appointment    and    salaries,    p.     712,  §  4249, 

subd.  3. 
Recorder,    salary   of,   p.    712,  §  4249,    subd.   3. 
Registrar  of  voters,  salary,  fees,  allowances,  deputies,  assistants,  pp.  597,  601, 

§  4149e. 
Sheriff,   salary  and  mileage  of,   p.   712,  §  4249,   subd.   2. 
Superintendent   of  schools,  salary  and  expenses,  p.  713,  §  4249,  subd.  11. 
Supervisors,     expenses    and    mileage    as    road    commissioner,    p.     714,    §    4249, 

subd.    16. 
Supervisors,  salary  and  mileage,  p.  714,  §  4249,  subd.   16. 
Surveyor,   salary,   expenses   and  allowances,  p.   713,  §  4249,   subd.   12. 
Tax  collector,  clerk  and  indexer,  appointment  and  salary,  p.  712,  §  4249,  subd.  6. 
Tax  collector,   salary  of,   p.   712,  §  4249,   subd.   6. 
Treasurer,  salary  of,  p.  712,  §  4249,   subd.  5. 

SAN  PEDRO. 

Repeal  of  act  providing  for  pilots  for,   p.   1663,   Act  2672. 

SAN  QUENTIN. 

State  prison  at.      See   Stale  Prisons. 

SAN  RAFAEL. 

Charter  of,  p.   1914,  Act  3446. 

SANTA  BARBARA  CITY. 

Amrndmcnts   of  churter  of,  p.   1915,  Act   3449. 

SANTA  BARBARA  COUNTY. 

AKSPSsor,    deputies,   apiiointment   and   salaries,   p.   702,  §  4246,   subd.   7. 

Assessor,    salary   of,    p.    702,  §  4246,    subd.    7. 

Auditor,   deputy,   appointment  and   salary,   p.   702.  §  4246,   subd.   4. 

Auditor,    extra   help   for,   allowance   of,   p.   702,  §  4246,   subd.   4. 

Auditor,    salary   of,   p.   702,  §  4246,    subd.   4. 

Classification  of,  p.  567,  §  4006. 

Constables,   population,    how   ascertained   for  purpose   of   determining   salary   of, 

p.   704,  §  424  0,   subd.   14. 
Constables,    salaries,   foes  and   expenses,  p.   704,  §  4246,   subd.    14. 
Coroner,   fees  of,  p.  703,  §  4246,   subd.  9. 
County   clerk,    deputies    and    clerk,    appointment    and    salarirs,    p.    701,  S  4240, 

subd.   1. 
County  clerk,   salary  and  allowamis  of,  p.   701,  §  4240,   subd.  1. 


2552  INDEX. 

SANTA   BARBARA   COUNTY   (Continued). 

District   attorney,    deputies,    appointment   and   salaries,   p.    702,  §  4246,    subd.    8. 
District   attorney,    salary   of,   p.    702,  §  4246,    subd.    8. 

Fish  and  game  warden,   salary  and  expenses  and  how  paid,  p.   594,  §  4149d. 
Justices,  population,  how  ascertained  for  purpose  of  determining  salary,  p.  703, 

§  4246,   subd.   13. 
Justices,   salaries  and  fees,  p.   703,  §  4246,   subd.   13. 
Population  of,  p.   56.5,  §  4005c. 

Public  administrator,   fees  of,  p.   703.  §  4246,   subd.   10. 
■   Recorder,    deputies,    appointment   and   salaries,    p.    701,  §  4246,    subd.    3. 
Recorder,    salary   of,   p.    701,  §  4246,    subd.    3. 
Registrar  of  voters,   salary,   fees,   allowances,   deputies,   and  assistants,   pp.   597, 

601,  §  4149e. 
Sheriff,  Salary  of,  p.  701,  §  4246,  subd.  2. 
Superintendent    of    schools,    deputy,    appointment    and    salary,    p.    703,  §  4246, 

subd.   11. 
Superintendent  of  schools,  salary  and  expenses  of,  p.  703,  §  4246,  subd.  11. 
Supervisors,    compensation  as  road  commissioner,  p.  704,  §  4246,  subd.  15. 
Supervisors,   salaries  and  mileage,   p.   704,  §  4246,   subd.   15. 
Surveyor,   salary,   expenses   and   allowances,   p.   703,  §  4246,   subd.    12. 
Tax   collector,   deputy,   appointment  and   salary,   p.   702,  §  4246,   subd.  6. 
Tax   collector,   extra  help,   allowance   of   to,   p.  702,  §  4246,   subd.   6. 
Tax   collector,   salary  of,   p.   702,  §  4246,   subd.   6. 
Treasurer,    salary   of,    p.    702,  §  4246,    subd.    5. 

SANTA  CATALINA  ISLANDS. 

Fishing   near.      See   Game    Laws. 

SANTA  CLARA   COUNTY. 

Additional  assistance  to  officers,  supervisors  may  allow,  p.  632,  §  4233,  subd.  14. 
Assessor,    commissions    for    collections    of    poll    or   personal    property    taxes    not 

allowed   to,   p.    630,  §  4233,    subd.    8. 
Assessor,    deputies    and    assistants,    number,    appointment    and    salaries,    p.    630, 

§  4233,   subd.   8. 
Assessor,   salary  and  expenses,  p.   630,  §  4233,   subd.   8. 

Auditor,   deputies,    number,    appointment    and    salaries,    p.    629,  §  4233,    subd.    4. 
Auditor,   what   fees   to   be  paid  into   county  treasury,   p.   629,  §  4233,   subd.   4. 
Auditor,   salary  of,  p.   629,  §  4233,   subd.   4. 
Classification   of,   p.    567,  §  4006. 
Constables,    fees,    when    may    retain    and    when    to    pay    into    treasury,    p.    633, 

§  4233,   subd.   15. 
Constables,   population  of  townships,  how  ascertained,  p.  633,  §  4233,    subd.   15. 
Constables,    salaries   and   expenses  of,   p.   633,  §  4233,   subd.  .15. 
Coroner,  fees  of,  p.   631,  §  4233,   subd.   10. 
County   clerk,  deputies  and  clerks,  number,  appointment  and  salaries  of,  p.  627, 

§  4233,   subd.    1. 
County   clerk,    salary   and   expenses   of,    p.    627,  §  4233,    subd.    1. 
County    cjerk,    to    pay    all    fees    received    into    county    treasury,    p.    627,  §  4233, 

subd.   1. 
District   attorney,     deputies     and     clerks,     number,     appointment'    and     salaries, 

p.    630,  §  4233,    subd.    9. 
District   attorney,    fees  and  commissions  to  be  paid  into  treasury,  p.  630,  §  4233, 

subd.   9. 


INDEX.  2553 

SANTA  CLARA  COUNTY  (Continued). 

District    attorney,   salary  and   expenses  of,  p.   631.  §  4233,   subd.   9. 

Fish   and   game    warden,    salary    and    expenses    and    how    paid,    p.    594,  §  4149d, 

p.   632,  §  4233,   siibd.   13. 
Jurors,   grand,  in,  compensation  and- fees  and  how  paid,  p.  63.5,  §  4233.  subd.  17. 
Jurors,    trial,  in,  compensation  and  fees  and  how  paid,  p.  63.5,  §  4233,  s!ibd.   17. 
Justices,  clerks  of,  appointment  and  salary,  p.   632.  §  4233,   subd.   14. 
Justices,    fees  of,  when  may  retain   and  when  to  be  paid  into   treasury,   p.   632, 

§  4233,    subd.    14. 
Justices,   number   of,   p.    632,  §  4233,    subd.    14. 
Justices,    salaries  of,   p.    632,  §  4233,    subd.   14. 
License   collector,    commissions   of,   p.    630,  §  4233,    subd.    7. 
License  collector,   limit  on   commissions   of,   p.   630,  §  4233,   subd.   7. 
Population  of,  p.   565,  §  4005c. 

Public   administrator,    fees  of,    p.   631,  §  4233,   subd.   10. 

Recorder,    deputies,   number,   appointment   and  salaries,   p.   629,  §  4233,   subd.   3. 
Recorder,   fees   to   be   paid   into    county   treasury,   p.   629,  §  4233,    subd.    3. 
Recorder,    salary   and   e.xpenseg   of,   p.    629,  §  4233,    subd.    3. 
Registrar  of   voters,   salary,    fees,   allowances,   deputies   and   assistants,   pp.   595, 

601,  §  4149e. 
Sheriff,    deputies,   number,   appointment  and  salaries,  p.   628,  §  4233,   subd.  2. 
Sheriff,    fees    and    mileage    to    be    paid    into    county    treasury,    p.    628,  §  4233, 

subd.  2. 
Sheriff,    salary   and   expenses  of,   p.   628,  §  4233,    subd.   2. 
Superintendent   of   schools,    deputy,    appointment   and   salary   of,   p.    631,  §  4233, 

subd.    11. 
Superintendent   of   schools,    salary    and    expenses    of,    p.    631,  §  4233,    subd.    11. 
Supervisors,    compensation   and   mileage,   p.    634,  §  4233,    subd.    16. 
Supervisors,    salaries   of,   p.    634,  §  4233,    subd.    16. 
Surveyor,   deputies,     number,     appointment     and     salaries     of,     p.     631,  §  4233, 

subd.    12. 
Surveyor,   fees  to  be  paid  to   treasury,   p.   631,  §  4233,   subd.   12. 
Surveyor,    salary   and   expenses   of,   p.    631,  §  4233,    subd.    12. 
Tax   collector,     deputies     and     assistants,     number,     appointment     and     salaries, 

p.   629,  §  4233,    subd.    6. 
Tax   collector,   fees  to  be  paid  into  treasury,  p.   G29,  §  4233,   subd.   6. 
Tax   collector,    salary   and   expenses   of,   p.    629,  §  4233,    subd.    6. 
Treasurer,   deputy,   appointment   and   salary   of,   p.   629,  §  4233,   subd.   5. 
Treasurer,   fees   and   commissions,   what    to   be   paid   to    treasury    and    what   may 

retain,  p.  629,  §  4233,   subd.   5. 
Treasurer,    salary   of,   p.    629,  §  4233,   subd.   5, 

SANTA  CRUZ  CITY. 

Charter  of,   p.   1915,   Act  3507. 

SANTA  CRUZ   COUNTY. 

Assessor,   deputy,    draftsman    and    copyists,    appointment    and    salaries,    p.    710, 

§  4250,   subd.   7. 
Assessor,    salary   and  fees  of,   p.  716,  §  4250,   subd.   7. 
Auditor,   salary   of,    p.    716,  §  4250,   subd.   4. 
Classification  of,  p.  568,  §  4006. 
Constables,    classification    of    townships    for   purpose    of    nxing    s.nlnrifs.    p.    717. 

§  4250,    subd.    14. 


2554  INDEX. 

SANTA  CETJZ   COUNTT  (Continued). 

Constables,   population,     how    ascertained    for    purpose    of    determining    salary, 

p.    717,  §  4250,   subd.    14. 
Constables,    salaries,    e.xpenses   and   fees  of,   p.   718,  §  4250,    subd.    151/^. 
Coroner,   fees   of,   p.   717,  §  4250,   subd.   9. 

County   clerk, ^assisfants,  appointment  and   salaries,  p.   715,  §  4250,   subd.   1. 
County   clerk,    copyist     and     clerk,     appointment     and     salary,    p.    715,    §   4250, 

subd.   1. 
County   clerk,    salary  and   allowances   of,   p.    715,  §  4250,    subd.    1. 
Court  reporter,   fees   of,  p.   718,  §  4250,   subd.   16. 

District   attorney,   deputy,    appointment    and   salary   of,   p.    716,  §  4250,    subd.   8. 
District   attorney,    salary   of,   p.    716,  §  4250,    subd.    8. 
Fees,  what  to  be  paid  into  county  treasury,  p.  718,  §  4250,  subd.  17. 
Fish  and  game  warden,  salary  and  expenses  of  and  how  paid,  p.  594,  §  4149d. 
Jurors,   per   diem   and  mileage,   provision   as   to   repealed,   p.    719,  §  4250a. 
Justices,     classification    of    townships    for    purpose    of    fixing    salaries,    p.    717, 

§  4250,   subd.    14. 
Justices,   offices   for,   p.    717,  |  4250,    subd.    15. 
Justices,   population,    how   ascertained   for   purpose   of    fixing    salary    of,    p.    717, 

§  4250,  subd.   14. 
Justices,    salaries  and  fees  of,  p.  717,  §  4250,   subd.   15. 
Justices,   salaries   when    two   justices    qualify    in    one    township,    p.    717,  §  4250, 

subd.   15. 
Population  of,  p.   565,  §  4005c. 
Provision    relating   to    county   officers,    when    goes    into    effect,    p.    719,    §    4250, 

subd.    18. 
Public   administrator,   fees   of,   p.    717,  §  4250,   subd.    10. 

Recorder,    salary   and   allowances   of   for  recording,   p.    716,  §  4250,    subd.    3. 
Recorder,  statement  showing  expens^es  for  recording,  p.   716,  §  4250,   subd.   3. 
Registrar  of   voters,   salary,   fees,   allowances,   deputies   and   assistants,    pp.    597, 

601,  §  4149e. 
Salaries  and  fees  of  officers  in  full  for  all  services,  p.  718,  §  4250,  subd.  17. 
Shorthand   reporter,   fees   of,   p.    718,  §  4250,    subd.    16. 
Superintendent   of   schools,    clerk,    appointment    and    salary    of,    p.    717,  §  4250, 

subd.  11. 
Superintendent   of   schools,    salary    and    expenses,    p.    717,  §  4250,    subd.    11. 
Supervisors,    salaries   and   mileage,    p.    717,  §  4250,    subd.    13. 
Surveyor,    fees    of,   p.    717,  §  4250,    subd.    12. 

Tax   collector,   deputy,   appointment    and   salary,   p.   715,  §  4250,    subd.   6. 
Tax   collector,   salary   of,    p.    715,  §  4250,    subd.    6. 
Townships   in,   classification   of,   p.   717,  §  4250,    subd.   14. 
Townships,    classification  of  for  fixing  salaries  of  constables  and  justices,  p.  717, 

§  4250,    subd.    14. 
Townships,   population  of,  how  determined,   p.   717,  §  4250,   subd.   14. 
Treasurer,    salary   of,   p.    716,  §  4250,    subd.    5. 

SANTA  MONICA. 

Charter  of,  p.   1915,  Act  3526. 

SARATOGA   GAP. 

State   highway   from   to    California   Redwood   Park,    survey   and   conslrudion    of, 
p.    1006,   Act   511a. 


INDEX.  2555 

SATURDAYS.      See  Holidays. 

SAVINGS   BANKS.      See   Banks  and  Banking. 

SCALES.      See   Weights   and   Measures. 

SCHEDULES.      See  Public  Utilities,  II. 

By  common  carriers,  p.  1741,  Act  2886,   §§  14,  14a.      See  Public  Utilities,  II. 

By  public  utilities  other  than   common  carriers,  p.   1742,   Act  2886,  §  14b. 

Form   of,    changes  in,   p.    1742,   Act   2886,  §  14c. 

Joint,  p.  1743,   Act   2886,  §  16. 

Rate,  no  business  to  be  transacted  until  filed,  p.  1743,  Act  2886,  §  17a. 

SCHOOL  LANDS.      See   State  Lands. 

SCHOOLS. 

Applicant  for  credentials,  diploma  or  certificate  to  pay  fee  of  two  dollars, 
p.   388,  §  1519,   subd.  fifth    (d). 

Attendance,   certificates  of,   duty  of  superintendent,  p.   429,  §  1696,   subd.    sixth. 

Binding,  printing  and  other  expenses,  authority  of  superintendent  as  to,  p.  401, 
§  1.548. 

Boards   of   education,   city,   fix  salaries  of  all   employees,  p.  450,  §  1793. 

Board  of  education  of  particular   county.      See  particular  county. 

Boards   of   examination,   powers   of,    enumerated,    p.    449,  §  1791. 

Board  of  examination,  report   of  results  of  examination,   p.  449,  §  1791. 

Bonds,    election  for,   opening  and  closing  of  polls,   p.  410,  §  1597. 

Bonds,   rate  of  interest,   p.  454,  §  1886. 

Bonds,   sale  of  and  disposition  of  proceeds,   p.  454,  §  1886. 

Bonds,   validating,   p.   454,  §  1886. 

Bonds,   validating  proceedings  for  issuance  of,  p.  454,  §  1886. 

Books,  appropriation  for  publication  and  distribution  of  free  text-books, 
p.    1922,    Act    3564b. 

Books   in  hands  of  dealers,   purchase  of.  p.   1921,   Act  35fi4a. 

Books,  report  of  books  used  to  superintendent  of  public  instruction,  p.  414, 
§  1617,    subd.    sixteenth. 

Books   sectarian   to   be   excluded,   p.   413,  §  1617,    subd.    twelfth. 

Buildings,    civic   centers   established   at,    p.    1937,    Act    3586f. 

Buildings,   free   use   of  provided,   p.    1937,   Act    3586f. 

Buildings,   granting   use    of   for   meelings,    p.    411,  §  1617,    subd.    fourth. 

California   school  for  girls.      See   California   School   for   Girls. 

Census  marshals,   repeal   of  provisions  as  to,  p.  417,  §§  1624—1641. 

Certificates,    duration  of,  p.   449,  §  1791. 

Certificates,  issuance  of  by  board  of  education  on  report  of  board  of  exam- 
iners,  p.   449,  §  1791. 

Certificates,   revocation   of,   grounds   of,   p.    449,  §1791. 

Certificates   special,   applicants   to    show   what,    p.    449,  §1701. 

Certificates,    special,    granted   for  what   studies  only,   p.   449,5  1791. 

Certificate,  temporary,  but  one  to  issue  to  same  person  in  same  county,  p.  398, 
§  1543,    subd.    seventh. 

Certificates,    temporary,   duration    of,   p.    398,  §1543,    subd.    seventh. 

Certificates,    temporary,    superintendent   may  issue,   p.   398.  §  1543,   subd.   7. 

Certificates,   what    may   be    issued   by    board    of   exiimination,    p.    449,  §  1791. 

Change  of  location    of   schooihouses,   p.    414,  §1617,    siilid.    eighteenth. 


2556  INDEX. 

SCHOOLS  (Continued). 

City,    annexed  territory  how  regarded  for  election  purposes,  p.  406,  §  1576. 
City,    annexed    territory    regarded    as   part   of    city    for   what    purposes,    p.    406, 

§  1576. 
City,    annexed  territory,   taxation  of,  p.  406,  §  1576. 
City,  annexing  territory  to  for  school  purposes,   p.   406,  §  1576. 
City,  every  city  except  of  sixth  class  a  separate  school   district,   p.   406,  §  1576 
City  high   school   district,   what  deemed   to   be,   p.   430,  §  1721. 
City   superintendents,    employment,    compensation    and    term    of    office,    p.    412 

§  1617,    subd.    seventh. 
City   superintendents,    deputy,    employment,    compensation    and    term    of    office, 

p.    412,  §  1617,    subd.    seventh. 
Civic  centers   established  at,   p.   1937,   Act   3586f. 
Classification   of,    p.   418,  §  1663,   subd.    1. 

Clerk,    appointment   by    superintendent   if   trustees   fail   to   elect,   p.   417,  §  1649 
Clerk,    election   of   by   trustees^,  p.   417,  §  1649. 
Clerk,    vacancy    in    office,     appointment    of    trustee    to    act    by    superintendent 

p.    417,  §  1649. 
Closing  of  schools,  notice  to  teacher  of,  p.  429,  §  1696,  subd.  second. 
Closing    of    schools,    teacher   to    notify    superintendent    of,    p.    429,  §  1696,    subd 

second. 
Commissioner  of   elementary   schools,   powers   and   duties   of,   p.    392,  §  1520. 
Commissioner  of   industrial    and    vocational    education,    powers    and     duties    of 

p.   392,  §  1520. 
Commissioner  of  secondary  schools,   powers  and  duties  of,  p.   392,  §  1520. 
Cosmopolitan,    establishment    of   in    cities    of   certain    classes,   p.    419,  §  1665a. 
Cosmopolitan,    languages    taught    in,    p.    419,  §  1665a. 
Cosmopolitan,    rules    and    regulations    governing,    p.    419,  §  1665a. 
Cosmopolitan   schools,   what   are,   p.   419,  §  1665a. 

County   high   school   districts,    additional    schools,    establishing,    p.    443,  §  1749 
County   high   school   districts,   bonds,   issuance  of,  p.  443,  §  1749. 
County   high   school   district,     building     and     lot,     filing     estimate     with     super 

visors,    p.    445,  §  1756. 
County  high   school   districts,    course  of   study,  p.    444,  §  1750. 
County   high   school   districts,    estimate,    failure    to    file,    superintendent    to    file 

p.   446,  §  1756. 
County   high   school   district,     e.stimate     of      funds     required     for     maintenance 

p.   446,  §  1756. 
County   high   school   district,    formation    of,    p.    439,  §  1738. 
County  high   school   district    included    in    term    "high    school    district,"    p.    430 

§  1721. 
County   high    school   district,   lot  and   building,   failure   to   file   estimate   for,    pro 

ceedings,    p.    445,  §  1755. 
County  high   school   districts,    post-graduate   course,    p.    444,  §  1750. 
County   high   school   districts,    properly,    how    only    disposed    of,    p.    440,  §  1739 
County   high   school   districts,  property  taken  in  name  of  county,  p.  440,  §  1739 
County   high   school   districts,    text-books,    p.   444,  §  1750. 
County   high   schools,    transportation   of   pupils,    p.    440,  §  1741. 
County   high   school   districts,    trustees   of,    p.    440,  §  1739. 
County   school  fund,   amount  of,   how  estimated,   p.   450,  §  1817. 
County   school    fund,    apportionment   of,    p.    395,  §  1543. 
County   school   fund,   county   sujjerintendent   to  estimate  amount  needed,  p.   450 

§  1817. 


INDEX.  2557 

SCHOOLS  (Continued). 

County   school  fund,   tax  rate   for,   limit   upon,   p.   450,  §  1817. 

Courses  of  study,  p.  418,  §  1663,  subds.  2  and  4. 

Course  of  study  in   high  schools,   p.  444,  §  1750. 

Consolidation   of  high   school   districts,   p.   434,  §  1729. 

Contract,  trustees  in  districts  of  not  more  than  two  teachers,  right  to  be  inter- 
ested in,  p.  454,  §  1876. 

Contract  in  which  trustee  or  member  of  board  of  education  interested  is  void, 
p.    454,  §  1876. 

Contracts,  trustees  or  members  of  board  of  education  not  to  be  interested  in, 
p.    454,  §  1876. 

Contracts,    letting   on   bids,    p.    415,  §  1617,    subd.   twentieth. 

Demands   against   district,   interest  on,   p.   400,  §  1543a. 

Demands   against   district,  monthly  reports  of  interest,   p.   400,  §  1543a.    . 

Demands   against   district,   notice  when  money   on  hand  to  pay,   p.  400,  §  1543a. 

Demands  against  district,  proceedings  on  failure  of  holder  of  order  to  pre- 
sent  it,   p.   400,  §  1543a. 

Demands  against  district,  procedure  where  not  approved  for  want  of  funds, 
p.   400,  §  1543a. 

Demand  against  district,  requisition  for  not  to  be  drawn  unless  money  in 
fund,    p.   400,  §  1543a. 

Deputy   superintendent,   salary   of,    p.   402,  §  1550. 

Diplomas    on    graduation,    p.    418,  §  1663,    subd.    3. 

Districts-,   admission    to   or   exclusion    from   high   school    district',    p.    436,  §  1734. 

Districts,    bonds     of,   validated,    p.    1935,   Act   3586d. 

Districts,  bonds  of,  validation  of  and  provision  for  levy  of  ta.xes  to  pay, 
p.    1924,    Act   3584a. 

Districts,   boundaries,   change   of,    p.   407,  §  1577. 

Districts,  consolidated,  bonds  of  validated  and  approved,  p.  1915,  Act  3537a; 
p.  1936,  Act  3586e. 

Districts,    consolidation    of  validated,   p.    1915,    Act    3537a;   p.    1936,   Act   3586e. 

Districts,    in   different   counties,    apportionment   of   funds,    p.   408,  §  1583. 

Districts   in   different   counties,    certificates   of    teachers,    p.    408,  §  1583. 

Districts,    in   different    counties,   reports   of   teachers,   p.   408,  §  1583. 

Districts   in   different   counties,   reports   of  trustees,  p.   408.  §  1583. 

Districts   in    different    counties,   textbooks  and  rules  in   cases  of,  p.  408,  §  1583. 

Districts,   joint,    attendance    of    children,    p.    407,  §  1577. 

Districts,   joint,    formation    of,    p.    407,  §  1577. 

Districts  lapsed.      See  post,   this  subject. 

Districts,   legality  of,   validated,   p.   1935,   Act  3586d. 

Districts,    new,    attendance    of    children,    p.    407,  §  1577. 

Districts,   new,   formation   of,   p.   407,  §  1577. 

Districts,    new,    time   of   election   of,   p.   410,  §  1593,    subd.   third. 

Districts,   organization  of  confirmed  and  validated,  p.   1914,   Act  3537b. 

District  partly  within  charter  city,  election  on  question  of  being  governed 
by   charter,    p.    409,  §  1584. 

District  partly   within    charter   city,    government    of,    p.    409,  §  1584. 

Districts,    suspended.      See   post,   this   subject. 

Districts,  transfer  of  funds  on  uniting  with  municipality  or  another  district, 
p.    407,  §  1577. 

Elections,   opening  and  closing  of  polls,   p.   410,  §  1597. 

Election,    trustees.      See  post,    this   section. 


2558  INDEX. 

SCHOOLS  (Continued). 

Employees,   employment,  compensation  and  term  of  office,  p.  412,  §  1617,   subd. 

seventh    (b). 
Funds,   apportionment  of,  p.  452,  §  1858.      See  post.  School  Funds,   this  title. 
Funds,    controller    to    transfer    to    school    fund    thirteen    dollars    for    each    pupil 

in   daily    average    attendance,   p.   298,  §  443. 
Funds,    deficiency   in,    transfer   of  moneys   to   from   other   funds,    p.    453,  §  1858, 

subd.    6. 
Funds,    district,   requisitions,  how  drawn   on,  p.   397,  §  1543,   subd.  third. 
Funds,   district,   requisitions  on,   authority   and  duty  of   auditor,   p.   397,  §  1543, 

subd.    third. 
Funds,    district,    requisitions,    register    of,    duty    to    keep,    p.    398,  §  1543,    subd. 

fourth. 
Runds,    district,    requisitions,    register  of    is   open    to    public    inspection,    p.    398, 

§  1543,    subd.    fourth. 
Funds  from  sale   of  school  lands,  investment  of,   p.   331,  §  680. 
Funds,   how   expended,    p.   417,  §  1622. 

Funds  of,   investment  in  bonds  of  irrigation  district',  p.   1344,   Act   1732b. 
Funds,   required    for    school    purposes,    duty   of    county    superintendent    to    esti- 
mate,  p.  450,  §  1817. 
Fund  required  for  school  purposes,   how  computed,  p.   450,  §  1817. 
Funds,    treasurer  to   transfer  fund   from   general   fund   to   school   fund,    p.    301, 

§  461. 
Grading,    authority    of    superintendent,    p.    399,  §  1543,    subd.    15.  . 
High,    admission   to   or  exclusion   of   school   district   from,   p.   436,  §  1734. 
High,    amount    paid    per    pupil    by    state    to    district,    how    determined,    p.    447, 

§  1758. 
High,    building,    lease   of,   p.    440,  §  1741. 
High,   building,   location  of,   p.   440,  §  1741. 
High,    building,  preference  given  to  rooms  in  public  school  building  for,  p.  440, 

§  1741. 
High,    course  of  study  in,   p.  444,  §  1750. 

High,    estimate    of    funds    required    for   maintenance    of   schools,    p.    446,  §  1756. 
High,   post-graduate    course,    p.    444,  §  1750. 
High,   post-graduate   course,    tuition   for  pupils  residing   out   of   district,   p.   444, 

§  1750. 
High,    pupils    attending    from    other    counties,    fund    for    and    apportionment    of, 

p.    448,  §  1759. 
High,   pupils,    cost   of    educating,    how   determined,    p.    447,  §  1758. 
High,   pupils   from   other    counties,    duties    of    superintendent,   p.    447,  §  1758. 
High,   pupils   from   cither  districts,    conditions   of  attendance,   p.   448,  §  1751. 
High,   pupils    not    in    any   district,    cost    of   education,    how    determined,    p.    447, 

§  1758. 
High,   pupils  not   in   any   district,   fund   for  education   of   and   apportionment    of, 

p.    448,  §  1759. 
High,   pupils    not    residing    in    any   district,    tax    for   cost   of    educating,    p.    447, 

§  1758;    p.   448,  §  1759. 
High,   pupils    not    residing    in    any   high    school    district,    conditions     of    attend- 
ance, p.  445.  §  1751. 
High,   pupils   not   residing   in    county,    tax    for   education    of,    and    apportionment 

of    fund,    p.    448,  §  1759. 
High,   pupils    residing    outside    of    county,     conditions    of    attendance,     p.    445, 

§  1751. 


INDEX.  2559 

SCHOOLS  (Continued). 

High,   pupils,    who   may   attend,    p.    445,  §  1751. 

High   school  board,   building   and   lot,    filing  estimate   of   cost   with   supervisors, 

p.   445,  §  1755. 
High   school   board,   building,    lease   of,   p.    446,  §  1756. 
High   school   board,    estimate    of   funds    required,    failure    to    file,    superintendent 

to    file,    p.    446,  §  1756. 
High   school   boards,    estimate    of    funds    required    for    maintenance    of    schools, 
*    p.    446,  §  1756. 

High   school   boards,    lease   of  school  property,   p.  440,  §  1741. 
-High   school   board,    lot    and    building,    estimate    of    amount    needed,    failure    to 

file,    proceedings,    p.    445,  §  1755. 
High   school   boards,    meetings   of,    p.    440,  §  1740. 

High   school   boards,    powers   and   duties   of,   generally,   p.    440,  §  1741. 
High   school   boards,    power   as   to    transportation   of   pupils,   p.   440,  §  1741. 
High   school   cadet    companies.      See    Military    Companies. 
High   school   district,    admission    or   e.xclusion    of   districts,   p.   436,  §  1734. 
High   school   districts,    bonds,    issuance   of,    p.   441,  §  1745;    p.    442,  §  1746. 
High  school  district,   city,  what  deemed  to  be,  p.  430,  §  1721. 
High   school   districts,    consolidation   of,   p.   434,  §  1729. 
High   school   districts,    disincorporation    of,    p.    438,  §  1736. 
High   school   district,    formation    of,    p.    431,  §  1725. 
High   school   districts,    petition,    affidavit    as    to    correctness    of    facts,    p.    431, 

§§  1722,    1725. 
High   school   districts,    petition,   who   may    sign,   p.   431,  §  1722. 
High   school   district,    term   includes   what    districts,    p.    430,  §  1721. 
High   school   districts,    validation   of    and   provision    for   levy   of   taxes,    p.    1924, 

Act   3584a. 
High,    state   high   school   fund,    amount,    how    estimated,    p.    449,  §  1760. 
High,    state   high   school   fund,    creation    of,    p.    449,  §  1760. 

High,    state   high   school   fund,     estimate     of     amount     necessary,     duty    of     con- 
troller, p.  449,  §  1760. 
High,    state   high   school    fund,    transfer    of   moneys    to,    p.    449,  §  1760. 
High   school,   tax  for,   limit  upon,   p.   446,  §  1756. 
High   schools,   text-books,   p.  444,  §  1750. 

High,  te.xf -books,  adoption  of  and  change  of,  p.  444,  §  1750. 
High,  textbooks,  contract  with  publisher  of,  p.  444,  §  ]7o0. 
High,  trustees,  election  of  and  terms  of  office,  p.  435,  §  1731. 
Holidays.      See  Holidays. 

Holidays,   commemorative  exercises  on,  p.   1,  §  10;  p.   103,  §  7;   p.   259,  §    10. 
Holidays,  power  of  school  trustees  or  boards  of  education  to  declare,  p.  1,  §  10; 

p.    103,  §  7:    p.    259,  §  10. 
Holidays,    schools  to  be   closed  on  what,  p.   1,  §  10;  p.    103,  §  7  ;   p.   259,  §  10. 
Holidays,    schools    to   hold   sessions   on   what   holidays,    p.    1.    §  10;    p.    103,    §  7; 

p.   259,  §  10. 
Holidays,    trustees  and  boards  of  education  may  declare,  p.   1,  §  10;   p.    103,  §  7; 

p.   259,  §  10. 
Holidays,    trustees  or  directors  may  declare,  p.  1,  §  10;  p.  103,  §  7  ;  p.  259,  §  10. 
Holidays,   what   days  are,   p.    1,  §  10;    p.    103,  §  7;    p.  259.  §  10. 
Indian  children,  contract   with   federal  government  for  teaching,   p.   399,  5  1543, 

subd.   sixteenth. 
Indian    children,    money    received    for    teaching,    disposition    of,    p.    399,8  1543, 

subd.  sixteenth. 


2560  INDEX. 

SCHOOLS  (Continued). 

Institutes,    duty   of   county   superintendent  as  to,   p.   398,  §  1543,   snbd.   sixth. 
Institutes,   joint,   expenses   of,   p.   403,  §  1560. 
Institutes,   joint,    holding    of,    p.    403,  §  1560. 

Institutes,   teacliers,   combining  annual  and  local,  p.  403,  §  1560. 
Institute,    teachers,    convening   during    1915    with   educational   department   of   in- 
ternational  exposition,   and  attendance   at,   p.   403,  §  1560. 
Institutes,    teachers,    duty    to    attend,    p.    403,  §  1560. 
Institutes,    teachers,    duty   to   hold,    p.   403,  §  1560. 
Institutes,   teachers,    expenses   of,   p.  403,  §  1560;  p.   404,  §  1564. 
Institutes,   teachers,    length    of,    p.    404,  §  1562. 

Institutes,   teachers,   local    institutes,    holding   in    lieu   of,   p.    403,  §  1560. 
Institutes,    teachers,     superintendent    failing    to    hold,    punishment    of,    p.    403, 

§  1560. 
Institutes,    teachers,    teachers    paid    for    time    covered    by    attendance,    p.    403, 

§  1560. 
Interest  on  demands  against  district,  p.  400,  §  1543a. 

Joint   union   high   school   districts,    boards,    meetings    of,    p.    440,  §  1740. 
Joint   union   high   school   districts,    consolidation    of    high    school    districts    into, 

p.   434,  §  1729. 
Joint   union   high   school   district,   course  of  study,  p.   444,  §  1750. 
Joint   union   high   school   district,    designation    of,    p.    430,  §  1721. 
Joint  union   high   school   district,   exclusion     of    school     district     from,     p.     436, 

§  1734. 
Joint   union   high   school   districts,    formation    of,   p.    433,  §  1728. 
Joint  union   high   school   districts     included     in     term     "high     school     district," 

p.    430,  §  1721. 
Joint   union   high   school   district,    post-graduate    course,   p.   444,  §  1750. 
Joint  union   high   school   districts,     provision      for      transportation      of      pupils, 

p.   440,  §  1741. 
Joint   union   high   school,    text-books,   p.   444,  §  1750. 
Joint  union   high   school   districts,     trustees,     election     of     and     term     of     office, 

p.   435,  §  1731. 
Joint   union   high   school   districts,    what    are,    p.    430,  §  1721. 
Joint  union    school   districts,    admission   of   new   districts,   p.   425,  §  1674,    subd. 

sixteenth    (1). 
Joint   union   school   districts,     admission     of    part     of     district,     p.     426,  §  1674, 

subd.  sixteenth    (2). 
Joint   union   school   district,    attendance   of   five   or   less,    lapse   or   suspension    of 

district,    p.   428,  §  1674,    subd.   eighteenth. 
Joint'  union   school   districts,    boards    of    trustees,    meetings    of,    p.    424,  §  1674, 

subd.   eleventh. 
Joint   union    school   districts,    boards    of    trustees,    powers    of,    p.    424,  §  1674, 

subd.   tenth. 
Joint  union   school   districts,    buildings,    erection    or    lease    of,    p.    423,  §  1674, 

subd.    sixth. 
Joint   union  school  districts,  change  of  location  of  schools,  p.  423,  §  1074,   subd. 

ninth. 
Joint  union   school   districts,    course   of   study,    p.    424,  §  1674,    suhd.   twelfth. 
Joint  union   school   district,    dissolution    of,    p.    427,  §  1674,    subd.    sevpnteejith. 
Joint   union   school   districts,    districts    have    separate    existences   for    what    pur- 
poses,  p.   425,  §  1674,   subd.   fifteenth    (2). 
Joint  union   school  district,  election  on  petition  for,  p.  421,  §  1674,  subd.  third. 


INDEX.  2561 

SCHOOLS  (Continued). 

Joint  union  school  district,    formation    of,    time    of    taking    effect    of,    p.    422, 

§  1674,   subd.   fourth. 
Joint   union   school    districts,    funds,    apportionment   of,    p.    425,    §    1674,    subd. 

fifteenth    (2). 
Joint  union   school   district,      funds,      transfer      of,      p.      425,    §    1674,      subd. 

fifteenth    (1). 
Joint   union   school   district,   location   of   schools,  p.   421,  §  1674,   subd.  third. 
Joint   union   school   district,    name   of,    p.    421,  §  1674,    subd.    third. 
Joint   union    school   districts,  reports  of  teachers  and  principals,   p.   425,  §  1674, 

subd.   fifteenth    (2). 
Joint  union   school   districts,     sale    of    property     and     disposition     of    proceeds, 

p.    422,  §  1674,    subd.    fourth. 
Joint  union   school   districts,   supervising  principal  for  several   districts,  p.  424, 

§  1674,   subd.    fourteenth. 
Joint   union    school   districts,    text-books,    p.    424,  §  1674,    subd.    twelfth. 
Joint   union   school   districts,     transportation    of    pupils,    p.    424,  §  1674,     subd. 

thirteenth. 
Joint  union   school    districts,    trustees   in,    pp.    422,    42.3,    §  1674,    subds.    fourth 

to   seventh. 
Joint   union   school   district,   what   is,   p.   421,  §  1674,    subd.   third. 
Joint  union   school   district,   withdrawal    of    district,    p.    425,  §  1674,    subd.    six- 
teenth (3). 
Kindergarten,    age  at   which  pupils  admitted,   p.    413,  §  1617,   subd.   ninth. 
Kindergarten,    discontinuance   of,    p.   416,  §  1617c. 
Kindergarten,    establishment   of,    p.    416,  §  1617c. 

Kindergarten,   estimate   of  fund   necessary  for  and  levy  of  tax,  p.  416,  §  1617c. 
Kindergarten   fund,   what   constitutes   and  how  drawn  upon,  p.   416,  §  1617c. 
Languages,   teaching  of  in   schools,   p.   419,  §  1665a. 

Lapsed,    attachment   of   territory   to   adjoining  districts,   p.   395,  §  1543,   subd.   2. 
Lapsed,   disposition     of    property    or    funds    where    district    declared,    p.     396, 

§  1543,   subd.   8. 
Lapsed,   declaration    that   suspended   district   is   lapsed,   p.   396,  §  1543,    subd.    6. 
Lapsed,    school    when    declared    to    be    for    want    of    attendance,    p.    395,  §  1543, 

subd.    2. 
Lapsed,   winding  up   affairs   of,   p.   396,  §1543,   subd.   8. 
Lapsed.      See  Suspended  Districts,  post,  this  title. 

Librarians,   appointment  and  compensation  of,   p.  413,  §  1617,  subd.   eleventh. 
Libraries,    fund   in   cities,   apportionment   of,  p.   430,  §  1714. 
Libraries,   fund   in   cities   not   divided    into   districts,    p.   430,  §  1714. 
Libraries,   government  of,  p.  413,  §  1617,   subd.   eleventh. 
Libraries,   public,    establishment    of,    by    union    high    school    district.s,    p.    1928, 

Act   3586c. 
Libraries,   sectarian  books  to  be  excluded,   p.  413,  §  1617,   subd.  twelfth. 
Life   diplomas,   grades   of,   p.    387,  §  1519,    subd.   fifth. 
Life   diplomas,    procedure    to    obtain,    p.    388,  §  1519. 
Life   diplomas,    revocation   of,   p.   388,  §  1519,    subd.    fifth    (e). 
Life   diplomas,    to   whom   only  granted,  p.   388,  §  1519,    subd.    fifth    (e). 
Life   diplomas,    valid    throughout   state,   p.    387,  §  1519,    subd.    fifth. 
Location   of   schoolhouse,    change  of,   p.   414,  §  1617,    subd.    18. 
Meetings  of  electors,     instructions     of      trustees      at,    p.     414,   S    1617,     subd. 

eighteenth. 

161 


2562  INDEX. 

SCHOOLS  (Continued). 

Meetings  of  electors,  purposes  for  which   may  be  called,  p.   414,  §  1617,   gnbd. 

eighteenth. 
Military   duty,   failure    of  head   of   educational  •institution   to   report   pupils   sub- 
ject  to   a   misdemeanor,    p.   456,  §  1898. 
Military  duty,  report  of   pupils   subject   to,   p.  455,  §  1897. 
Military-roll,    compensation    for    making,    p.    456,  §  1901. 
Normal,    Fresno,    appropriation    for    construction    and    equipment    of    buildingg, 

p.    1921,   Act   3558b. 
Normal   school,    Fresno,   establishment   of,    p.    1920,    Act    3558a. 
Normal,   Humboldt  county,   establishment  of,   p.   1916,    Act   3553a. 
Normal,    instruction    of   blind   pupils    in,    p.    1924,    Act    3574b. 
Normal,   Los  Angeles,   act  of   1909   for  dedication   of  certain  lands   of   for  street 

purposes  repealed,  p.   1401,  Act  1991a. 
Normal,    Los    Angeles,    appropriation   for   purchase    of   additional   land,    p.    1918, 

Act   3554b. 
Normal,   Los  Angeles,   dedication  of  lands  of  to  widen  Vermont  street,   p.   1401, 

Act   1991. 
Normal,  Log  Angeles,  sale  of  land  of  by  trustees  confirmed,  p.  1919,  Act  3554c. 
Normal    school,    Los    Angeles,    sale    of    site    by    trustees    and    purchase    of    new 

site,  p.  1917,  Act  3554a. 
Normal,    teachers,    revocation    of    diploma,    power    of    and    grounds    for,    p.    384, 

§  1489,   subd.   13. 
Normal,    trustees   of,   powers   and   duties   of,    enumerated,    p.    383,  §  1489. 
Normal,   trustees,    secretary,   appointment    and   compensation,   p.    383,  §  1489. 
Notice    by    school    districts    to    board    of    control    and    treasurer    of    bonds    for 

sale,   p.   330,  §  678. 
Plans    of    schoolhouse,    submission    of    to    and    authority    as    to,    p.    399,  §  1543, 

subd.    eleventh. 
Principals,    employment,   compensation   and   term  of  office,   p.   412,  §  1617,   subd. 

seventh. 
Principals,   supervising,    employment,    compensation   and    term   of   office,    p.    412, 

§  1617,    subd.    seventh. 
Principal,    supervising,    for    several    districts,    appointment    of,    p.    424,  §  1674, 

subd.   fourteenth. 
Principals,   when   may   be   employed,    p.    412,  §  1617,    subd.    7. 
Pupils,   age   of   admission   of   children   to   schools,   p.   413,  §  1617,    subd.   ninth. 
Pupils,   beginners,    rules   for   admission    to    schools,   p.   413,  §  1617,    subd.   ninth. 
Pupils,   blind,    instruction    of    in    University    of    California    and    Normal    schools, 

p.    1924,    Act    3574b. 
Pupils,    children   from   other   districts,   p.   414,  §  1617,   subd.   fourteenth. 
Pupils,    compulsory    attendance   between    certain    years,    p.    1923,    Act    3574. 
Pupils  from   other  districts,   attendance   of,   p.   414,  §  1617,    subd.    14. 
Pupils,   health   of,    attention    to,    p.   415,  §  1617,    subd.    twenty-first. 
Pupils,   register  of   and   order  of   admission,   p.   414,  §  1617,    subd.    thirteenth. 
Pupils,    suspending    or    expelling    for    misconduct,    p.    413,  §  1617,    subd.    eighth. 
Pupils,   transportation    of,    p.    415,  §  1617,    subd.    twenty-second. 
Rules  and  regulations,   adoption   and  publication  of,   p.   386,  §  1519,    subd.   first. 
Savings  banks   in,    p.    865,   Act   297,  §  9. 
School   fund,    apportionment,    abstract   of   to    be    furnished   to    what   ofScers    and 

boards,    p.    393,  §  1532,    subd.    fourth. 
School  fund,    how    apportioned,    p.    393,  §  1532,    subd.    fourth. 


INDEX.  2563 

SCHOOLS  (Continued). 

School  fund,   superintendent  of  public  instruction  to  apportion,  p.   393,  §  1532, 

subd.    fourth. 
School   lands.      See   State  Lands. 

Seminaries  of  learning.      See   Seminaries  of  Learning. 

State   board  of   education,   appointment  and   term   of   office,   p.    384,  §  1517. 
State   board   of   education,    changes   in    membership,    organization    after,    p.    385, 

§  1518. 
State   board  of   education,   compensation   and  allowances  of  members  of,  p.   391, 

§  1521. 
State   board  of   education,   consists   of   seven   members,   p.   384,  §  1517. 
State   board  of   education,    creation    of,    p.    384,  §  1517. 
State   board   of   education,    duties    of,    p.    385,  §  1518. 
State   board  of   education,    majority     necessary     to     validity    of     acts,     p.     385, 

§  1518. 
State  board   of   education,   meeting    of,   p.    385,  §  1518. 
State   board   of   education,   meeting  and  organization  of,   p.   385,  §  1518. 
State  board  of  education,   members  not   to  hold  salaried  educational   positions, 

p.   384,  §  1517. 
State   board   of   education,  powers  and  duties  of,   p.   386,  §  1519. 
State   board   of   education,  power  to  appoint   clerical  help,  p.  392,  §  1521. 
State  board  of  education,    secretary   of,   p.    385,  §  1518. 
State   board   of   education,     superintendent     of     public     instruction,     duties     of, 

p.    385,  §  1518. 
State  board  of  education,   superintendent  of  public  instruction   to  be  executive 

officer  of,   p.   385,  §  1518. 
State  board  of  education,   superintendent  of  public  instruction   to  be  secretary 

of,   p.   385,  §  1518. 
State  board  of  education,   traveling  expenses,  provision  as  to  repealed,  p.  393, 
.    §  1522. 
State  board  of  education,   vacancies,  filling  of  and  term  of  office  of  appointee, 

p.    385,  §  1517. 
State   school   book   fund,  claims,  how  drawn  on,  p.  391,  §  1519,  subd.  sixteenth. 
State   school   book      fund,   what   claims  subject,   p.   391,    §  1519,   subd.   sixteenth. 
State   school   book   fund,    what    constitutes,    p.    391,  §  1519,    subd.    sixteenth. 
Superintendents,     assistant,     appointment,     number,    designation,    and    qualifica- 
tions,  p.   386,  §  1519,   subd.   fourth. 
Superintendents,   assistant,    not    subject    to    civil    service    rules,    p.    386,  §  1519, 

subd.  fourth. 
Superintendents,    assistant,    salaries   and   allowances   of,    p.    392,  §  l.'i21. 
Superintendent,   binding,     expressage     and    incidental    expenses,     allowance    for 

and  authority   as  to,   p.   401,  §  1548. 
Superintendent,   city,    salary   of,    p.    450,  §  1793. 
Superintendent,   city,    term   of   office   of,    p.    450,  §  1793. 
Superintendent,    county,    apportionment  of  school   funds,  p.   395,  5  l.')43;   p.   452, 

§  1858. 
Superintendent,   county,  auditor  to  report  amount  of  moneys  on  hand  to,  p.  395, 

§  1543. 
Superintendent,    county,     boundaries    of    school    district,     duty     as     to,     p.    402, 

S 1551. 
Superintendents,   county,   certificates  of  attendance,   duty   as  to,  p.  429,  S  1696, 

subd.   sixth. 


2564  INDEX. 

SCHOOLS  (Continued). 

Superintendent,    county,    duties    of,    p.    400,  §1543;    p.    401,  §  1548. 

Superintendent,   county,    estimate   of   school   fund  needed,   duty   to   file,   p.   450, 
§  1817. 
,    Superintendent,    county,     fund    required    for    school    purposes,     how    computed, 
p.   450,  §  1817. 

Superintendent,    county,   is   county  officer,   p.   570,  §  4013. 

Superintendent,    county,    powers   and   duties   of,    enumerated,   p.    395,  §  1543. 

Superintendent,   county,    report,    annually,    to    superintendent    of   public    instruc- 
tion,  p.   402,  §  1551. 

Superintendent,   county,  report  of  schools  and   teachers,   p.   452,  §  1858. 

Superintendent,    deputy,    salary   of,    p.    402,  §  1550. 

Superintendent,   duty   to   keep   record  of   educational   and   life   diplomas,   p.   429, 
§  1696,    subd.    first. 

SuiJerintendent,    of   particular   county.      See    particular   county. 

Superintendent   of   public   instruction.      See     ante.     State     Board    of     Education, 
this   subject. 

Superintendent   of  public  instruction,     assistant,     reports     of,     p.     386,    §    1519, 
subd.  fourth. 

Superintendent   of  public   instruction,   duties    of   enumerated,    p.    385,  §1518;    p. 
393,  §  1532. 

Superintendent   of  public    instruction,    reports   of,   p.    386,  §  1519,    subd.    fourth. 

Superintendent,   traveling    expenses    of,    p.    402,  §  1552. 

Suspended   district,   apportionment  of  funds  to,  p.   396,  §  1543,   subd.  4. 

Suspended  district,   declaring  it  to  be  lapsed,  p.   396,  §  1543,   subd.   6. 

Suspended  district,     electing    trustees    and    taking    census    in,    p.     396,  §  1543. 
subd.  5. 

Suspended  district,  how  regarded  as  to  apportionment  of  funds  when  reopened, 
p.   396,  §  1543,  subd.   7. 

Suspended  district,  merger  of  in  other  districts,  p.   396,  §  1543,   subd.  7. 

Suspended   district,    re-establishraent   of,    p.    396,  §  1543,    subd.    3. 

Suspended  district,  when   declared  lapsed,   p.   396,  §  1543,    subd.   6. 

Suspending    school    district    when    daily    average    of    attendance   of    five   or    less, 
p.  395,  §  1543,    subd.    2. 

Tax,    computation,    entry,   collection   and   disposition   of,    p.   451,  §  1837. 

Tax,   election   voting,   failure   of   supervisors   to   levy  in   j'ear  voted,    levy   in   fol- 
lowing  year,   p.   452,  §  1858. 

Tax,    erroneously    collected,    refunding    of,    p.    557,  §  3804. 

Tax,   rate,    how   ascertained,   p.    451,  §  1837. 

Tax,    supervisors  to  levy,  p.  451,  §  1837. 

Teachers'   annuity  fund,  powers  of  board,  p.  1922,   Act   3570. 

Teachers,    certificates,  on  special  credentials  to  applicants  who  have-not  creden- 
tials   prescribed    by    board,    p.    387,  §  1519.    subd.    fifth. 

Teachers,   certificates,  what  required  of,   p.  418,  §  1663,   subd.   1. 

Teachers,    credentials   upon    which    certificates    may   be   granted,    p.    387,  §  1519, 
subd.    fifth. 

Teachers,    dismissal  of,  p.  412,  §  1617,  subd.  seventh   (b). 

Teachers,   dismissal,  what  only  grounds  for,  p.   450,  §  1793,   subds.   1,   3. 

Teachers,   duties  generally,  enumeration  of,  p.  429,  §  1696. 

Teachers,   employment,    compensation    and    term    of    office,   p.    412,  §  1617,    subd. 
seventh   (b). 

Teachers,   employment  of,  p.  412,  §  1617,  subd.  seventh  (b). 


INDEX.  25G5 

SCHOOLS  (Continued). 

Teatliers,    holders    of    city    or    city    and    county    certificates,    where    may    teach, 

p.  450,  §  1793. 
Teachers,   holders    of    special    city    or    citj-    and    county    certiticates,    where    may 

teach,    p.    450,  §  1793. 
Teacher  not  to  be  employed  for  higher  grade  than  she  holds  certificate,  p.   399, 

§  1543,    subd.    fifteenth. 
Teachers,    payment   by  calendar  month  instead  of  school  month,   j).  412,  §  1617, 
subd.  seventh   (b). 

Teachers,   pensions,   act  of   1895   repealed,   p.   1922,   Act   3570. 
Teachers,   pensions   for,    act   regulating,   p.    1657,    Act   2643. 
Teachers,   power  to  suspend  pupil,  p.  429,  §  1696,   subd.  fourth. 
Teachers,   re-election  of,  p.  412,  §  1617,   subd.   seventh   (b). 
Teachers,    what   grades  may   teach   in,   p.   418,  §  1663,   subd.   1. 
Textbook   committee,   provision   as   to   secretary  of   repealed,   p.   454,  §  1874a. 
Text-book  fund.      See  ante,  State  School  Book  Fund,  this  subject. 
Text-books,    additional   orders   for,   p.    391,  §  1519,    subd.   thirteenth. 
Text-book   appropriation    subject    to    drafts    for    expenses,    p.    391,  §  1519,    subd. 

fifteenth. 
Text-books,   claims  for  royally,   how  presented  and  paid,   p.   390,  §  1519,   subd. 

twelfth. 
Text-books,    compilation,     manufacturing,     sale,     and     supplying,     powers     and 

duties   of    state    board  of   education    as  to,    pp.    388—391,  subds.    sixth    to    six- 
teenth. 
Text-books,   desk  copies  for  teachers,   p.   391,  §  1519,   subd.   thirteenth. 
Text-books,    duty   of    state   printer    as    to    printing,    binding   and    reporting    cost, 

pp.  389,   390,  §  1590,   subds.   tenth  and  eleventh. 
Text-books,   no  change  in  for  four  years,  p.  444,  §  1750. 
Text-books,    orders    for,    duty    of    superintendent    on    receiving,    p.    391,  §  1519, 

subd.  fourteenth. 
Text-books,  preference  given  to  California  works,  p.  393,  §  1527. 
Text-books,   price  of,   pp.   389,   390,  §  1519,   subds.   tenth    and   eleventh. 
Text-books,   rules   governing  adoption,   provision  as   to   repealed,   p.   453,  §  1874. 
Text-books,   sale   of,   powers   and  duties   of   superintendent  of  public  instruction, 

p.    390,  §  1519,    subd.    twelfth. 
Text-books,    sale    of     to    private    schools    or    individuals,    p.    390,  §  1519,    subd. 

eleventh. 
Textbooks,    teachers'   requisition   for,   duty   to   prepare   and   penalty   for   neglect, 

p.   391,  §  1591,   subd.   thirteenth. 
Text-books,    state,    punishment    for   refusal    to   use,    p.    389,  §  1519,    subd.    ninth. 
Trustees,   annual   meetings   of,   p.   405,  §  1566. 

Trustees,   appointment   of   and   term   of   office,   p.    399,  §  1543,    subd.    twelfth. 
Trustees,    clerk,    duties    and   salary,    p.    406,  §  1576a. 
Trustees,   clerk,  when  may  appoint,  p.  406,  §  1576h. 
Trustees,    election,    arranging    for    secret    ballot,    p.    410,  §  1509. 
Trustees,    election,    electioneering    within    one    hundred    feet    of    polls    forbiddiMi, 

p.   410,  §  1599. 
Trustees,    election   of,   place   of  holding,   p.   410,  §  1593,   subd.    first. 
Trustees,   election    of,    lime    of   holding,    p.    410,  §  1593,    Bubds.    first,    third    and 

fifth. 
Trustees,    elections,    voting,  manner  of,  p.  4  1  0,  §  1509. 
Trustees,   elections,   voting   to  be   by   ballot,   p.   410,  $  1599. 


2566  INDEX. 

SCHOOLS  (Continued). 

Trustees,    failure    to    appoint    or    compensate    certain    employees,     authority    ol 

superintendent,    p.    399,  §  1543,    subd.    twelfth. 
Trustees,   no   disqualification   because   of   sex,   p.   410,  §  1593,    subd.    second. 
Trustees,   number    of,    p.    410,  §  1593,    subd.    second. 
Trustees,   powers   and   duties   of   enumerated,    p.    411,  §  1617. 
Trustees,    term  of  office,   p.   410,  §  1593,    subd.    fifth;   p.   411,  §  1613. 
Trustees,    vacancies,    filling,   p.  ^99,  §  1543,    subd.    twelfth. 
Trustees,   vacancies,    filling    of    and    term    of    appointee,    p.    410,  §  1593,    subd. 

fourth. 
Union    high    school    district,    annexing    to    high    school    district    of    city,    p.    434, 

§  1729. 
Union   high   school   districts,   boards,   meetings   of,   p.   440,  §  1740. 
Union   high   school   districts,   consolidation  of  high  school  districts  into,   p.   433, 

§  1729. 
Union   high   school   districts,   course  of   study,  p.   444,  §  1750. 
Union  high   school  district,   designation   of,   p.   430,  §  1721. 
Union  high   school   districts,   establishment   of  public   libraries  by,   p.   1928,    Act 

3586c. 
Union   high   school   districts,    exclusion    of    school    district    from,    p.    437,  §  1734. 
Union   high   school   districts,    formation  of,  p.  432,  §  1727. 
Union    high    school    district    included    in    term    "high    school    district,"    p.    430, 

§  1721. 
Union   high   school   districts,   post-graduate    course,    p.   444,  §  1750. 
Union    high    school    districts,    provision    for    transportation    of    pupils,    p.    440, 

§  1741. 
Union   high    school   districts,    text-books,   p.    444,  §  1750. 
Union  high   schools,    transportation   of   pupils,   p.    424,  §  1674,    subd.   thirteenth; 

p.  440,  §  1741. 
Union   high   school   districts,    trustees,    election    of    and    term    of    office,    p.    435, 

§  1731. 
Union  high   school   districts,   what  are,   p.   431,  §  1721. 
Union     school     districts,     admission     of     new     districts,     p.     425,  §  1674,     subd. 

sixteenth   (1). 
Union   school   districts,    admission    of    part    of    district,     p.    426,  §  1674,     subd. 

sixteenth   (2). 
Union  school  district,  attendance  of  five  or  less,   lapse  or  suspension  of  district, 

p.   428,  §  1674,   subd.   eighteenth. 
Union    school    districts,    boards    of    trustees,    meetings    of,    p.    424,  §  1674,    subd. 

elev.enth. 
Union    school    districts,    boards    of    trustees,    powers    of,    p.    424,  §  1674,    subd. 

tenth. 
Union    school    districts,    buildings,    erection    or    lease    of,    p.    423,  §  1674,    subd. 

sixth. 
Union  school  districts,   change  of  location    of    schools,     p.     423,  §  1674,     subd. 

ninth. 
Union   school   districts,  course  of  study,  p.  424,  §  1674,  subd.  twelfth. 
Union   school   district,    dissolution    of,   p.    427,  §  1674,    subd.    seventeenth. 
Union    school    districts,    districts    have    separate    existences    for    what    purposes, 

p.  425,  §  1674,   subd.  fifteenth    (2). 
Union   school   districts,   election   on  petition  for,  p.  419,  §  1674. 
Union   school   districts,   formation  of,  p.  419,  §  1673. 


INDEX.  2567 

SCHOOLS  (Continued). 

Union  school  district,  formation  of,  time  of  taking  effect  of,  p.  422,  §  1674, 
subd.   fourth. 

Union   school   district,  funds,   transfer  of,  p.   424,  §  1674,  *ubd.  fifteenth    (1). 

Union  school  districts,  funds,  apportionment  of,  p.  425,  §  1674,  subd.  fif- 
teenth   (2). 

Union   school   district,   location  of  schools,  p.  420,  §  1674,  subd.  second. 

Union    school   districts,   name  of,  p.  420,  §  1674,   subd.   second. 

Union  school  districts,  reports  of  teachers  and  principal,  p.  425,  §  1674,  subd. 
fifteenth    (2). 

Union  school  districts,  sale  of  property  and  disposition  of  proceeds,  p.  422, 
§  1674,  subd.  fourth. 

Union  school  districts,  supervising  principal  for  several  districts,  p.  424,  §  1674, 
subd.  fourteenth. 

Union   school   districts,    text-books,   p.   424,  §  1674,    subd.    twelfth. 

Union  school  districts,  trustees  in,  pp.  422,  423,  §  1674,  subds.  fourth  to 
seventh. 

Union   school  districts,  withdrawal   of  district,   p.   426,  §  1674,    subd.   3. 

Vaccination  of  all   school  children,  provision   for,  p.   1716,   Act   2840a. 

SEALERS  OF  WEIGHTS  AND  MEASURES.      See  Weights  and  Measures. 

SEAMEN. 

Desertion,   provision   as   to   enticing  of,   repealed,   p.   230,  §  644. 

SEA  OTTER.      See  Game  Laws. 

SECRETARY  OF   STATE. 

Appointees   of,    enumerated,   p.   293,  §  412  ;    p.   294,  §  414. 

Appointees   of,   salaries  of,  p.  294,  §  413;   p.  294,  §  414. 

Appointees   of,   what   are  civil  executive  officers,   p.  293,  §  412. 

Bond  of,  p.  295,  §  416. 

Copies  of  act  forbidding  sale  of  tobacco  to  minors  under  eighteen,  to  furnish, 

p.  198,  §  308. 
Corporation   deputy,    appointment  of,  p.  294,  §  414. 
Corporation   deputy,    powers  and  duties,   p.   294,  §  414. 
Corporation   deputy,    salary  of,   p.   294,  §  414. 
Fees,  disposition  of,  p.  292,  §  409. 
Fees  not  to  be  charged  legislators,  p.  292,  §  409. 
Fees   not   to   be   charged   officers,  p.  292,  §  409. 
Fees   of,  p.  292,  §  409. 

Repeal   of   sections   relating   to,   p.   295,  §  437   et   seq. 
Salary  of,  p.  295,  §  415. 

SEMINARY  OF  LEARNING. 

Any   number  of  persons   may   incorporate,   p.   146,  §  649. 

Articles  of   incorporation,   contents  of,   p.    146,  5  649. 

Office  of,   where   located,  p.   146,  §  650. 

Trustees,    number  of,  p.  146,  §  649. 

Trustees,   powers  of,   enumerated,   p.   146,  S  650. 

Trustees,   quorum,  p.   140,  §  650. 

Trustees,    term  of   office,   p.   146,  §  650. 

Trustees,    vacancies,  right  of  graduates  to   fill,   p.   146,  §  650,   snl.d.  2. 


2568  INDEX. 

SENATE.      See  Legislature;   Senatorial  Districts;   United   States  Senate. 

SENATORIAL   DISTRICTS. 

Enumeration  of,  p.  261,  §  78. 

SENATORS.      See  United  States  Senators. 
United   States.      See   Elections. 

SENTENCE.      See  Criminal  Practice. 

Criminal  action,   in.      See   Criminal   Practice. 
Probation.      See  Probation.  , 

Suspension  of.      See  Probation. 

SEPARATION. 

Proceedings  in   eminent  domain,   p.   66,  §  1244. 

SERVANTS.      See  Master  and  Servant. 

SERVICE. 

Accusation   against   attorney,   service   of  by  publication,   p.    11,  §292. 
Bill   of   exceptions  and  amendments.      See  Bill  of  Exceptions. 
Bill   of   exceptions,    of,    p.    30,  §  650. 
Summons.      See    Summons. 

What  papers  need  not  be  served  on  party  defaulting  or  not  appearing,  p.   30, 
§  650. 

SERVICES. 

Lien  on  personal  property  for  services  performed  on,  p.   183,  §  3051. 

SEWAGE. 

Regulation  of  deposit  of  in  waters,  p.  1707,  Act  2830. 

SEWERS.      See   Streets. 

Action    by    city   to    condemn    land   for    sewerage,    supervisors    may    be    plaintiff, 

p.   66,  §  1244. 
Cities    authorized   to    permit    other   cities   to    construct    sewers    in,    p.    1560,    Act 

2389. 
Constructed  in   one   city  by  another   city,   proceedings   relating   to,   p.    1560,    Act 

2389. 
Sewer  districts  in   cities.      See   Municipal   Corporations. 

SHAD.      See  Game  Laws. 

SHASTA  COUNTY. 

Assessor,   commissions  for  collection  of  personal  property  taxes  to  be  paid   into 

county   treasury,   p.   743,  §  4257,   subd.   7. 
Assessor,    deputies,   number,   appointment  and  salaries,   p.   743,  §  4257,    subd.    7. 
Assessor,    salary,   p.   743,  §  4257,   subd.  7. 
Auditor,    charges   for   making   estimates   of   tax   sale   and  disposition   of,   p.   742, 

§  4257,   subd.   4. 
Auditor,   salary  of,  p.   742,  §  4257,   subd.   4. 
Classification   of,  p.  568,  §  4006. 

Classification   of   townships   in,   p.   744,  §  4257,   subd.   13. 
Constables,  classification  of  townships  for  purijose  of  regulating  salaries,  p.  744, 

§  4257,   subd.   13. 


INDEX.  2569 

SHASTA  COUNTY  (Continued). 

Constables,   fees,  what  may  charge,  p.  745,   §  4257,  subd.   15. 

Constables,   population,   how   ascertained   for  purpose   of   fixing   salaries,   p.    747, 

§  4257,  subd.  16. 
Constables,  salaries,   expenses,  fees  and  mileage,  p.  745,  §  4257,  subd.   15. 
Coroner,  fees  of,  p.  743,  §  4257,   subd.  9. 

County  clerk,  increase  of  deputies  on  increase  of  judges,  p.  743,  §  4257,  subd.  19. 
County   clerk,    salary  and  allowances,   p.    742,  §  4257,    subd.    1. 
District    attorney,    allowance    of    tifteen    dollars    each    on    certain    suits    brought, 

p.   743,  §  4257,   subd.   8. 
District   attorney,   deputy,    appointment    and   salary   of,    p.    743,  §  4257,    subd.    8. 
District    attorney,    salary  of,   p.   743,  §  4257,   subd.   8. 

Fees,  officers  to  demand  payment  of  in  advance,  p.   747,  §  4257,   subd.   16. 
Fish  and  game  warden,   salary  and  expenses  of  and  how  i^aid,  p.   594,  §  4149d. 
Highway  connecting  Trinity,   Tehama   and  Shasta   counties  with  road  system  of 

Humboldt   county,   p.   1233,   Act    1457i. 
Jurors,   grand,   compensation   and   mileage,  p.    748,  §  4257,   subd.    18. 
Jurors,   trial,    compensation   and  mileage  of,  p.   748,  §  4257,   subd.    18. 
Justices,    classification   of   townships   for  purpose   of   regulating   salaries,  p.   744, 

§  4257,  subd.  13. 
Justices,    fees,   what  may  charge,   p.   744,  §  4257,   subd.   14. 
Justices,   payment   of   collections   into   treasury,   p.   747,  §  4257,   subd.   16. 
Justices,    salaries,   allowances   and  fees   of,  p.    744,  §4257,   subd.    14. 
Justices,    salary,    population,    how    determined    for    purpose    of    fixing,    p.    747, 

§  4257,   subd.  16. 
Population,   how  ascertained,   p.   747,  §  4257,   subd.    16. 
Population    of,   p.    566,  §  4005c. 

Public   administrator,    fees  of,   p.    743,  §  4257,    subd.    10. 
Recorder,   salary  of,  p.   742,  §  4257,   subd.   3. 
Registrar  of   voters,   salary,   fees,    allowances,    deputies   and   assistants,   pp.    598, 

601,  §  4149e. 
Sheriff,    increase  of  deputies  on   increase  of  judges,   p.   748,  g  4257,   subd.    19. 
Sheriff,    salary  and  fees,  p.   742,  §  4257,  subd.  2. 

Sheriff,    salary  includes  salary  of  under-sheriff,   p.  742,  §  4257,   subd.   2. 
Superintendent    of    schools,    clerk,    appointment    and    salary    of,    p.    743,  §  4257, 

subd.  11. 
Superintendent  of  schools,  salary  and  expenses  of,  p.  743,  §4257,   subd.    11. 
Supervisors,  salary  and  mileage  of,  p.  747,  §  4247,  subd.  17. 
Surveyor,  compensation  and  expenses  of,   p.   744,  §  4257,   subd.    12. 
Tax   and  license   collector,   one-half  of  commissions   for  licenses   to   be   paid   into 

county  treasury,  p.  743,  §  4257,  subd.  6. 
Tax  and  license  collector,  salary  of,  p.  743,  §  4257,   subd.  6. 
Treasurer,  commissions  for  collection  of  inheritance  taxes  to  be  paid  into  county 

treasury,  p.   743,  §  4257,  subd.   5. 
Treasurer,   salary  of,  p.   743,  §  4257,  subd.  5. 

SHEEP. 

Inspection   of,   act  providing  for  rcpcilcd,   p.   1950,    Act    3(i22. 
Inspector,   act  creating  otTice   of,   repealed,   p.    1950,    Acts   :!I120,    3022. 
Scab,  act  for  prevention  of  amongst  sheep  repealed,   p.   !!)50,   Act   :ti;20. 
Sheep  commissioners,   act  provifiing  for  Uonrd    "f,    ri'iii:ili'<l,    (i.    I9.'iO.     \.i 


2570  INDEX. 

SHERIFFS. 

Additional   deputies  on   creation  of  new  judgeships,  p.   816,  §  4290. 

Allowance  for  conveying  insane  persons  to  and  from  asylums,  p.  816,  §  4290. 

Allowance  for  e-xpenses  of  preserving  property  seized  on  attachment  or  execu- 
tion,  p.   816,  §  4290. 

Allowance  for  expenses  of  pursuing,  boarding  or  transporting  prisoners,  p.  816, 
§  4290. 

Collector,  sheriff  or  deputies  cannot  act  as  or  for  collection  agency,  p.  820, 
§  4316. 

Compensation  and  expenses  for  transporting  prisoners  or  insane  persons  to 
state  institutions,  p.   816,    §  4290. 

Consolidation  of  offices  of   sheriff  and  public  administrator,  p.   571,  §  4017. 

Constables.      See   Constables. 

County  officer,    is,   p.    570,  §  4013. 

Deputies,   additional,   where  new  judgeships   created,   p.   815,  §  4290. 

Expenses  for  pursuing  and  boarding  prisoners,   allowance   of,   p.   815,  §  4290. 

Expenses  of  keeping  and  preserving  property  seized  on  execution  or  attachment, 
allowance  of  to,  p.  815,  §  4290. 

Fees,    accounting   for  and   payment   into   treasury,   p.    819,  §  4300c. 

Law,   sheriff  or  deputies  cannot  practice  or  have  law  partner,  p.  820,  §  4316. 

Limitation  of  actions  against,  p.   13,  §  339. 

Mileage  for  service  of  papers  or  process,  p.  815,  §  4290. 

Not   to   act   as   collector,   p.   820,  §  4316. 

Particular   county,    of.      See   particular   title. 

Peace  officer,   is,  p.  234,  §  817. 

Tax  collector  and  sheriff,  consolidation  of  officers  of,  p.  571,  §  4017. 

SHIPPERS.      See  Railroad  Commissioners. 

SHIPPING. 

Desertion   of  seamen,   provision  as  to  repealed,  p.  230,  §  644. 

Hatch-tender,   duties  of,   p.   202,  §  368a. 

Hatch-tender,    duly  to  employ  while  loading  or  unloading  ships,   p.   202,  §  368a. 

Hatch-tender,  failure   to  employ,   punishment  of,  p.  202,  §  368a. 

SHODDY. 

Labeling  furniture  stuffed  with,  p.   1403,  Act   2062. 

SHORE  BIRDS.      See  Game  Laws. 

SHORTHAND   REPORTER. 

Judges    may    order    matter    taken    down    and    transcribed    and    charged    against 

county,   p.   10,  §  274a. 
Particular  counties,   of.      See  particular  county. 

SHRIMP.      See   Game   Laws. 

SIDEWALKS.      See   Streets. 

SIERRA  COUNTY. 

Assessor,  salary  of,  p.  808,  §  4282,  subd.  7. 
Auditor,  salary  of,  p.  808,  §  4282,  subd.  4. 
Classification  of,  p.  570,  §  4006. 
Constables,  fees  of,  p.  809,  §  4282,  subd.  14. 


INDEX.  2571 

SIERRA  COUNTY  (Continued). 

Coroner,   fees  of,  p.   808,  §  4282,   subd.  9. 

County  clerk,  salary  and  allowances  of,  p.  808,  §  4282,   subd.  1. 

District   attorney,   salary  and  expenses,   p.   808,  §  4282,   subd.   8. 

Fish  and  game  warden,   salary  and  expenses  and  how  paid,  p.   594,  §  4149d. 

Juror,   grand,   fees   and   mileage,   p.   809,  §  4282,    subd.    17. 

Juror,   trial,  fees  and  mileage,   p.   809,  §  4282,   subd.   17. 

Justices,  fees,  p.  809,  §  4282,  subd.  13. 

License   collector,   compensation   of,   p.   809,  §  4282,   subd.    16. 

Population   of,   p.   566,  §  4005c. 

Public   administrator,   fees  of,  p.   808,  §  4282,   subd.   10. 

Recorder,  salary  and  fees  of,  p.   808,  §  4282,   subd.  3. 

Registrar   of   voters,    salary,    fees,    allowances,    deputies    and    assistants,    p.    601, 

§  4149e. 
Sheriff,   salary  and  mileage,  p.  808,  §  4282,  subd.  2. 

Superintendent  of  schools,   salary  and  expenses,  p.  809,  §  4282,   subd.    11. 
Supervisors,    fees  as  road  commissioner,  p.   809,  §  4232,   subd.   15. 
Supervisors,   salary,   expenses  and  mileage  of,  p.   809,  §  4282,   subd.   15. 
Surveyor,  fees  of,  p.  809,  §  4282,   subd.  12. 
Tax   collector,   salary   of,    p.   808,  §  4282,   subd.   6. 
Treasurer,   salary   of,   p.   808,  §  4282,   subd.   5. 

SIGNATURES.      See  Bonds. 

SIGNS.      See  Advertisements. 

SISKIYOU  COUNTY. 

Assessor,   salary  of,  p.   748,  §  4258,   subd.  7. 

Auditor,   salary  of,   p.   748,  §  4258,   subd.   4. 

Classification   of,   p.    568,  §  4006. 

Constables,   salaries,   expenses,   and   fees  of,   p.    749,  §  4258,   subd.   14. 

Coroner,   fees  of,  p.   748,  §  4258,   subd.  9. 

County  clerk,  salary  of,  p.  748,  §  4258,  subd.   1. 

District  attorney,   salary  of,  p.   748,  §  4258,   subd.  8. 

Fish  and  game  warden,  salary  and  expenses  of  and  how  paid,  p.  594,  §  4149d. 

Jurors,    trial,    compensation    and    mileage    and    how    audited    and    paid,    p.    750, 

§  4258,   subd.    17. 
Jurors,    grand,    compensation    and   mileage    and    how    audited    and   paid,    p.    750, 

§  4258,   subd.   17. 
Justices,   monthly  reports,   to  make,  p.   749,  §  4258.   subd.   13. 
Justices,   salaries  of,  p.   749.  §4258,   subd.   13. 

Justices   to   pay  fines  to  treasurer  monthly,   p.  749,  §  4258,  subd.   13. 
Official  repnp**r,   salary  and  fees,  p.   750,  §  4258,   subd.   16. 
Population  of,  p.  566,  §  4005c. 

Public   administrator,   fees  of,  p.   749,  §  4258,   subd.    10. 
Recorder,   salary  of,  p.   748,  §  4258,   subd.   3. 
Registrar  of  voters,  salary,  fees  and  allowances,  deputies  and  assislniils.  pp.  .''lOfl, 

601,  §  4149e. 
Sheriff,  salary  of.  p.   748,  §  4258,   subd.  2. 

Sunerintendont   of  schools,   salary  and   ex))ensps  of,   p.   749,  §4258,   subd.    11. 
Supervisors,    meetings   of,   p.    749,  §  42.">S,    subd.    15. 
Supervisors,    salary  and   mileage,   p.   749,  §  4258,   subd.    15. 


2572  INDEX. 

SISKIYOU  COUNTY  (Continued). 

Surveyor,    duty    of    supervisors    to    employ    for    county    work,    p.     749,  §  4258, 

subd.   12. 
Surveyor,   fees  of,  p.   749,  §  4258,   subd.   12. 
Ta.x  collector,  salary  of,  p.   748,  §  4258,   subd.  6. 
Treasurer,  salary  of,  p.  748,  §  4258,  subd.  5. 

SLOT  MACHINES. 

Gambling  by  means  of  prohibited,  p.   199,  §  330a. 

SMELTERS. 

Investigation  of  injury  to  animal  life  and  vegetation  by,  p.  1950,  Act  3670. 

SNIPE.      See  Game  Laws. 

SOBODA  INDIANS. 

Cession  of  lands  by  state  to  United   States  for  use  of,  p.  2236,  Act  4216. 

SOCIAL    CORPORATIONS.      See    Religious,    Social    and    Benevolent    Corporations. 

SOCIETIES.      See  Benefit   Societies. 

SOCIETIES  FOR  PREVENTION  OF  CRUELTY  TO  ANIMALS.      See   Corporations 
for  Prevention  of   Cruelty   to   Children   and   Animals. 

SOLANO  COUNTY. 

Assessor,    deputy,   appointment  and  salary,   p.   706,  §  4247,  subd.  7. 

Assessor,    salary,    commissions   and  fees   of,   p.    706,  §  4247,   subd.   7. 

Auditor,    deputy,  appointment  and  salary,  p.   705,  §  4247,   subd.  4. 

Auditor,    salary  of,  p.  705,  §  4247,   subd.  4. 

Board  of  education,  mileage  of  members  of,  p.   708,  §  4247,  subd.  16. 

Classification   of,   p.    567,  §  4006. 

Constables,  population  of  townships,  how  ascertained  for  purpose  of  fixing  com- 
pensation, p.  707,  §  4247,  subd.  14. 

Constables,  salaries  and  fees  of,  p.  707,  §  4247,  subd.  14. 

Coroner,   fees  of,  p.   706,  §  4247,   subd.   9. 

County   clerk,    copyist,   appointment   and  salary,  p.  705,  §  4247,   subd.   1. 

County   clerk,    deputies,   p.    705,  §  4247,   subd.   1. 

County   clerk,    salary  and  allowance,  p.   705,  §  4247,   subd.   1. 

District    attorney,    salary  of,  p.   706,  §  4247,   subd.   8. 

District  attorney,  stenographer,  appointment  and  salary,  p.  706,  §  4247,  subd.  8. 

Fees,   what   to  be   paid  into   treasury,   p.    708,  §  4247,    subd.    17. 

Fish   and  game   warden,   salary  and  expenses   and  how  paid,   p.    594,  §  4149d. 

Justices,   fees,    salaries   and   expenses,   p.   707,  ■§  4247,   subd.  J,3. 

Justices,    fines,   to  pay  to   treasurer  monthly,   p.   707,  §  4247,   subd.   13. 

Population  of,  p.  565,  §  4005c. 

Public   administrator,   salary  of,   p.  706,  §  4247,   subd.   1.0. 

Ttecorder,    copyists,   appointment   and   compensation,   p.   705,  §  4247,   subd.   3. 

Recorder,    deputy,   appointment   and   salary,   p.   705,  §  4247,   subd.   3. 

Recorder,    salary  of,  p.   705,  §  4247,   subd.   3. 

Registrar  of  voters,  salary,  fees,  allowances,  deputies  and  assistants,  pp.  597, 
601,  §  4149e. 

Salaries  are  in  full  compensation  except  in  case  of  assessor,  p.  70S,  §  1247. 
subd.  17. 


INDEX.  2573 

SOLANO   COUNTY   (Continued). 

Sheriff,    jailer    and    deputy,    appointment,    duties    and    salaries,    p.    70o,  §  4247, 

subd.  2. 
Sheriff,    salary,   fees  and   commissions,   p.   705,  §  4247,    subd.    2. 
Superintendent    of    schools,    assistant,    appointment   and    salary,    p.    706,  §  4247, 

subd.  11. 
Superintendent   of  schools,   salary   and   expenses   of,   p.   706,  §4247,   subd.    11. 
Supervisors,    salary,   mileage   and  expenses,   p.   707,  §  4247,   subd.   15. 
Surveyor,  salary  and  expenses  of,  p.   706,  §  4247,   subd.   12. 
Tax  collector,   salary  of,   p.   706,  §  4247,   subd.   6. 

Treasurer,   deputy,   appointment  and  salary,   p.   706,  §  4247,  subd.  5. 
Treasurer,    salary  of,  p.  706,  §  4247,  subd.  5. 

SOLDIEES  AND  SAILORS. 

Burial    of   ex-Union    soldiers,    sailors    and   marines    at   public    expense,    p.    19.51, 

Act  3693. 
Grand  Army  of   the   Republic.      See   Grand  Army  of   the   Republic. 
Licenses,  free,   to   ex-soldiers,   sailors  and  marines,  p.   580,  §  4041,   subd.  25. 
Offenses  need  not  be  prosecuted  by  indictment  or  information,  p.  232,  §  682. 

SONOMA  CITY. 

Monument   to  commemorate   raising   of  bear  fiag  in,    appropriation    for,   p.   1953, 

Act  3706. 
Restoration   and   rebuilding   of   Mission   San   Francisco   de    Solano,   appropriation 

therefor,  p.  1953,  Act  3705. 

SONOMA  COUNTY. 

Assessor,    deputies,   number  of  and   appointment  of,   p.   667,  §  4239,   subd.   7. 
Assessor,    deputies,     salaries    paid    out    of    compensation    of    assessor,    p.     667, 

§  4239,  subd.   7. 
Assessor,   revenue   and   taxation  deputy,   salary  of,   p.   667,  §  4239,   subd.   7. 
Assessor,    salary  of,   p.   667,  §  4239,   subd.   7. 

Auditor,    deput)-,   appointment   and   compensation,   p.   666,  §  4239,   subd.   4. 
Auditor,  expenses  in  making  extensions  of  assessments  and  lax-rolls  to  be  paid 

out  of  salary,  p.  666,  §  4239,  subd.  4. 
Auditor,   salary  of,  p.  666,  §  4239,  subd.  4. 
Classification   of,   p.    567,  §  4006. 

Constables,  population   of  townships,   how   ascertained,   p.  668,  §4239,   subd.   14. 
Constables,  salaries,  fees  and  mileage  of,  p.   668,  §  4239,   subd.   14. 
Coroner,  fees  of,  p.  667,  §  4239,  subd.  9. 
Countj'    clerk,    deputies,    appointment,    number    and    salaries,    p.    666,  §  4230, 

subd.  1. 
County  clerk,  salary  of,  p.   666,  §  4239,  subd.   1. 
District   attorney,   deputy   and   stenographer,   appointment    and    salaries,    p.    067, 

§  4239,   subd.  8. 
District  attorney,   salary  of,   p.   667,  §  4239,   subd.   8. 

Fish  and  game  warden,  salary  and  expenses  and  how  paid,  p.  594,  §  4149d. 
Justices,  fines  to  be  paid  to  treasurer  monthly,  p.  668,  §  4239,  subd.   13. 
Justices,   population  of  townships,  how   ascertained,   p.   668,  §  4239,   subd.   13. 
Justices,   salaries  and  fees,  p.  668,  §  4239,  subd.   13. 
Population  of,   p.   565,  §  4005c. 

Public  administrator,   fees  of,  p.   667,  §  4239,   subd.   10. 

Recorder,    deputies,    appointment,   number  and   salaries,   p.   666,  §  4239,   subd.   3. 
Ricorder,    salary  of,  p.  666,  §  4239,  subd.  3.. 


2574  INDEX. 

SONOMA  COUNTY  (Continued). 

Registrar  of  voters,  salary,  fees,  allowances,  deputies  and  assistants,  pp.  596, 
601,  §  4149e.  ^ 

Salaries,   not  otherwise  provided  for,   how  paid,  p.   668,  §  4239,   subd.    16. 

Sheriff,    deputies,   number,   appoiutmeut   and  salaries,  p.   666,  §  4239,   subd.   2. 

Sheriff,    salary,   fees,   and  mileage  of,  p.  666,  §  4239,   subd.  2. 

Superintendent  of  schools,  deputj',  appointment  and  salary,  p.  667,  §  4239, 
subd.   11. 

Superintendent   of   schools,    salary  and   expenses,  p.   667,  §  4239,   subd.   11. 

Supervisors,    compensation   and    mileage,    p.    669,  §  4239,    subd.    15. 

Supervisors,    compensation   as  road  commissioner,   p.   669,  §  4239,   subd.   15. 

Surveyor,   deputy,   appointment   and   compensation,   p.    667,  §  4239,   subd.   12. 

Surveyor,  maps  or  block-books  for  assessor,  preparation  of  out  of  his  own  com- 
pensation,  p.    667,  §  4239,    subd.    12. 

Surveyor,   salary,  fees  and  expenses  of,  p.   667,  §  4239,   subd.  12. 

Tax   collector,   deputies,   number  and  appointment  of,   p.   666,  §  4239,   subd.  6. 

Tax  collector,  deputies,  salaries  paid  from  compensation  of  tax  collector,  p.  666, 
§  4239,   subd.   6. 

Tax   collector,   deputy,  what  to  be  paid  by  county,  p.   666,  §  4239,   subd.  6. 

Tax   collector,    salary  and  fees,  p.   66G,  §  4239,   subd.   6. 

Treasurer,    deputy,   appointment   and   salary  of,  p.   666,  §  4239,   subd.   5, 

Treasurer,    salary   and  fees  ot,   p.   666,  §  4239,   subd.   5. 

SONOMA  STATE  HOME. 

Appropriation  for  construction  of  nursery  for  males,  p.  1954,  Act  3730. 
Asexualization  of  inmates  of,  p.  859,  Act  248. 

SOUTH  SAN  FRANCISCO. 

Granting   of   tide   lands   to,   p.   1954,   Act   3741. 

SOUTH  SAN  JOAQUIN  IRRIGATION  DISTRICT. 

Organization   of  validated,   p.   1318,   Act   1715. 

SOUTH  YSIDRO  IRRIGATION  DISTRICT. 

Organization   of  validated,   p.   1318,   Act   17253. 

SPRINKLER   INSURANCE   COMPANIES. 

Capital  slock  required  of,   p.  308,  §  594,   subd.   12. 

What  included  in   sprinkler  insurance,  p.   308,  §  594,   subd.   16. 

SQUIRRELS.      See  Game  Laws. 

STAFF.      See  National  Guard. 

STAGE   LINES. 

Fixing  rates  for,  p.   1752,   Act   2886,  §  33. 

STALLIONS. 

Regulation  of  public  service  of,  p.   1956,  Act  3750. 

STANFORD   UNIVERSITY. 

Temporary  certificates,   issuance  of  to  graduates  of,  p.   398,  §  1543,   subd.  7. 


INDEX.  2575 

STANISLAUS  COUNTY. 

Assessor,   deputies,   appointment,   duties  and  salaries,  p.   730,  §  4254,  subd.   7. 
Assessor,     salary,    fees    and    commissions    and    allowances     of,    p.     730,  §  4254^ 

subd.  7. 
Auditor,   salary  of,  p.   729,  §  4254,   subd.  4. 
Classification  of,  p.   568,  §  4006. 
Constables,    classification    of    townships    for    purpose    of    fixing   salaries,    p.    731, 

§  4254,    subd.    13. 
Constables,   salaries,   fees,  mileage  and  expenses  of,  p.   732,  §  4254,   subd.   14. 
Coroner,   fees  of,   p.   730,  §  4254,   subd.  9. 
County   clerk,    allowances  of,   p.    792,  §  4254,    subd.   1. 

County   clerk,   deputy,    appointment   and   salary,   p.    729,  §  4254,    subd.    1. 
County   clerk,    salary   of,   p.   729,  §  4254.   subd.   1. 
District   attorney,   salary  of,  p.   730,  §  4254,   subd.   8. 

Fish  and  game  warden,   salary  and  e.xpenses  of  and  how  p.-'.id,  p.   594,  §  4149d. 
Jurors,   grand,    fees  and  mileage,   p.   733,  §  4254,   subd.   17. 
Jurors,    trial,   fees   and  mileage,   p.   733,  §  4254,   subd.    17. 
Justices,    classification   of   townships    for  purpose   of   fixing   salaries   of,   p.    731, 

§  4254,  subd.   13. 
Justices,    fines  to  be  paid  to  treasury  monthly,  p.   731,  §  4254,   subd.   13a. 
Justices,    office  hours,  p.   731,  §  4254,   subd.   13a. 
Justices,   office   rent,   allowance  for,  p.   731,  §  4254,   subd.   13a. 
Justices,    salaries   and  fees  of,   p.   731,  §  4254,    subd.    13a. 
Population  of,   p.   565,  §  4005c. 

Public  administrator,  fees  of,  p.  730,  §  4254,  subd.  10. 
Recorder,  fees,  what  proportion  to  pay  to  treasury  and  what  may  keep,  p.   729, 

§  4254,  subd.  3. 
Recorder,   salary  of,  p.   729,  §  4254,  subd.   3. 
Registrar  of  voters,   salary,  fees,   allowances,  deputies   and  assistants,   pp.   598, 

601,  §  4149e. 
Sheriff,   salary,   fees,   commissions  and   mileage,   p.  729,  §  4254,   subd.   2. 
Superintendent    of    schools,    deputy,    appointment    and    salary,    p.    730,  §  4254, 

subd.   11. 
Superintendent  of  schools,   salary  and   expenses,   p.   730,  §  4254,   subd.   11. 
Supervisors,   mileage   for  services  as  road  overseer,  p.   732.  §  4254,   subd.   15. 
Supervisors,    salaries   and  mileage  of,   p.   732,  §  4254,    subd.    15. 
Surveyor,    additional  assistance  for,  p.   730,  §  4254.   subd.   12. 

Surveyor,   deputy  and  clerk,  appointment  and  salaries,  p.   730,  §  4254,   subd.   12. 
Surveyor,    duties  of,  p.   730,  §4254,   subd.    12. 
Surveyor,   office  hours,   p.   730,  §  4254,   subd.   12. 

Surveyor,    salary,   expenses   and   allowances   of,   p.   730,  §  4254,    Ruhd.    12. 
Tax   collector,    salary,  fees  and  commissions  of,  p.   729,  §  4254,   subd.  6. 
Tax   collector,   deputy,   appointment  and  salary,  p    729,  §  4254,   subd.  6. 
Townships,   classification   and   consolidation   of   townships,   p.   731,  §  4254,    subd. 

13. 
Treasurer,    salary,    fees   and   commissions,    p.    729,  §  4254,    subd.    5. 
Witnesses,   fees  and  mileage  of,  p.   733,  §  4254,   subd.   16. 
Witness    unnecessarily    subpoenaed,     court    may    disallow    fee,     p.    733,  §  4254, 

subd.  16. 

STATE.      See  United   States. 

Acquiring   site   by   city   and   donating   to   state   for  public  building,   p.    17u5,    Act 
2822c. 


2576  INDEX. 

STATE    (Continued). 

Acquisition    by    of    rights    of    way    for    rectification    and    improvement    of    San 

Joaquin  river,  p.   1913,  Act  3372.  . 

Action  against -concerning  marsh  and  tide  lands  authorized,  p.   1962,   Act   3797. 
Action   against  to   quiet  title   to   certain   realty  in   Oakland   authorized,   p.   1964, 

Act  3798. 
Actions  against'  state   to   quiet   title   where   deeds   lost,   authorized,  p.    1966,   Act 

3798b. 
Actions   against   state   to   quiet   title   where   deeds   lost,   procedure,   p.    1966,    Act 

3798b. 
Advertisements,  putting  on  property  of  state  without  permission,  prevention   of, 

p.  834,  Act  52. 
Bonds.      See  Bonds. 
Cession  of  land  by  state  to  United  States  for  benefit  of  Soboda  Indians,  p.  2237, 

Act  4216. 
Claim  of  California  Highway  Commission  against,  appropriation  to  pay,  p.  1967, 

Act  3798d. 
Claims   against.      See   Board  of   Control. 
Condemnation  of  property  of.      See  Eminent  Domain. 
Conveyance   by   state   of   certain   realty   to    Sacramento   county   to   perfect   title, 

p.   1893,  Act  3082. 
Conveyance  to   United  States  by   state   of  lands  erroneously  patented  to   state, 

p.  2237,  Act  4217. 
Deposit   of  state  moneys  in   banks,   p.   2231,   Act   4134. 

Exchange  of  lands  belonging  to  state  in  San  Francisco  for  lands  of  city  author- 
ized, p.   1905,  Act  3348a. 
Lauritzen  Company,  act  authorizing  it  to  sue  state  repealed,  p.   1962,  Act  3795. 
"Newtown  jetties,"    owners    of  land   authorized   to    sue   state   for   injuries   from, 

p.   1965,   Act   3798a. 
Part  of  expense  of  maintaining  fire  boats  on  San  Francisco  bay  to  be  borne  by, 

p.  1904,  Act  3348. 
Purchase   of  armory  building   and   wharf   on   San   Diego   bay   by,   p.   1902,   Act 

5158b. 
Sale  or  exchange  of  property  belonging  to,  p.  331,  §  681. 
Secretary  of.      See  Secretary  of  State. 

Statistics,    agricultural    and    other   industrial,    collection,    compilation    and   publi- 
cation of,  p.   1967,  Act  3798c. 
Tide  lands,   actions  against  state  concerning,  authorized,  p.  1962,  Act  3797. 
Tide   lands,   grant  of  to  various  cities.      See  Tide  Lands. 

STATE  AGRICULTURAL  SOCIETY.      See  State  Fair. 

Authorized  to   construct   dairy  building  on  fair  grounds,  p.   844,   Act   78a. 
Directors  authorized  to  construct  dairy  and  dairy  buildings,  p.   844,  Act  78a. 
Provision   that  supervisors  furnish  data  to,  repealed,  p.  585,  §  4056. 

STATE    BOARD   OF   CHARITIES   AND   CORRECTIONS. 

Biennial  report,   p.   1021,  Act   573,  §  8. 

Compensation,   act  without,  but  allowed  expenses,  p.  1021,  Act  573,  §  2. 
Creation  of,  p.   1021,   Act  573,  §  1. 
Expenses,   limit  on,   p.   1021,   Act   573,  §  2. 

Forms  of  records  for  county    almshouses,   hospitals,   jails   and  prisons,    to   pre- 
scribe, p.  1025,  Act  575. 


INDEX.  2577 

STATE  BOARD  OF  CHARITIES   CORRECTIONS    (Continued). 

Investigating  charitable,  correctional  and  penal  institutions,  authority  and  duty, 

p.  1021,  Act  573,  §§  3,  5,   6. 
Licensing,   inspecting   and   regulating  maternity   hospitals,   lying-in   asylums   and 

orphan  asylums,  by,  p.  1398,  Act  1943. 
Number,   appointment,  eligibility  and  term  of  office,   p.   1021,   Act  573,  §  1. 
Powers  and  duties  of,  p.  1021,  Act  573,  §§  2,  5,  6. 
Records,  duty  of  superintendents  of  county  hospitals  and  almshouses  and  jailers 

to   furnish,   p.   1025,   Act  575. 
Refusal  to  give  information  to,  penalty,  p.   1021,   Act  573,  §  6. 
Secretary  and  assistants,  appointment  and  salaries  of,   p.   1021,   Act  573,  §  2. 
Secretary,  bond  of,  p.  1021,  Act  573,  §  2. 

Supervising  children's  home-finding  societies,  p.  1024,  Act  574. 
Supervising  placing  dependent  children  into  homes,  p.  1024,  Act  574. 

STATE   BOARD  OF  CONTROL.      See  Board  of  Control. 

STATE   BOARD  OF  EDUCATION.      See  Schools. 

STATE   BOARD  OF  EQUALIZATION. 

Chairman,   election  of  and  term  of  office,  p.   291,  §  352. 
Term   of  oflfice,   p.   291,  §  352. 
Who   constitute,   p.   291,  §  352. 

STATE   BOARD  OF  EXAMINERS. 

Provision   as  to   repealed,   p.   291,  §  364. 

STATE  BOARD  OF  HEALTH.      See  Public  Health. 

Contagious  diseases,   duty  in  ease  of,   p.   510,  §  2979a. 

Employees,   appointment,     terms    of     office,    duties    and    compensation,    p.    512, 
§  3075. 

Employees,   what  may  appoint,   p.   512,  §  3075. 

Establishment   and   maintenance   of   department   of   tuberculosis   under,   p.    1722, 
Act  2844b. 

Governor  appoints  members  of,  p.  291,  §  368. 

Meetings  of,  p.   511,  §  2981. 

Organization   of  and   election   of   officers,   p.    511,  §  2981. 

Purchase  preparation    and   distribution   of  anti-rabic   virus,  p.   1715,   Act   2837a. 

Quorum,   p.   511,  §  2981. 

Regulations  to  prevent   introduction  of  rabies  or  other   animal  diseases   danger- 
ous to  human  beings,  p.  854,  Act  196a. 

Secretary,   appointment,   duties,   powers,   salary,   p.   511,  §§2981,   2982. 

Secretary,   assistant,    appointment,    term    of    office,    duties    and    salary,    p.    511, 
§  2982. 

Secretary,   duties  of,  p.  511,  §2982. 

Secretary,    salary,    and   expenses,   p.    511,  §2982. 

State   hygienic  laboratory  for,  appropriation  for,  p.  2251,  Act  4260. 

State   hygienic  laboratory  for,   director   and   assistants,   p.   2251,    Act   4260. 

Slate   hygienic    laboratory    for,    duty   of    controller   and    treasurer,    p.    2251,    Act 
.   4260." 

State  hygienic  laboratory    for,    establishment    and    maiutenanco    at    university, 
p.   2251,   Act  4260. 
162 


2578  INDEX. 

STATE   BOARD   OF   HORTICULTURAL  EXAMINERS.      See    County   Horticultural 

Commissioners;    State  Horticultural  Commissioners. 
Consists  of  whom,  p.  493,  §  2322. 
Creation   of,  p.   493,  §  2322. 
Examinations    of    candidates    for    appointment    as    horticultural      commissioner, 

p.   493,  §  2322. 
Expenses  of,   p.   493,  §  2322. 

List  of  eligibles,   certifying  to   supervisors,   p.  493,  §  2322. 
Proceedings    where    no    persons    present    themselves    for    examiaation    or    none 

qualified,    p.   493,  §  2322. 
Serve  without   pay,  p.   493,  §  2322. 

STATE  BUILDINGS.      See  Public  Buildings. 

STATE  CAPITOL.      See  Capitol. 

STATE  CONTROLLER.      See   Controller, 

STATE  ENGINEER.      See   Department  of  Engineering. 

STATE   FAIR.      See   State  Agricultural   Society. 

Additional  ground  for,   appropriation  for  purchase  of,  p.  835,  Act  63a. 
Bonds    for    improvement    and    extension    of    grounds    and    for    erection    of   build- 
ings,   submission   to   people,   p.   836,   Act   63b. 
Memorial  buildings  in  fair  grounds,   erection  of,  p.  841,   Act   67c. 
Stale   agricultural    society   authorized   to   make   improvements   on   fair   grounds, 
p.   843,   Act  78. 

STATE  FLAG. 

Bear  flag  adopted  as,  p.   1169,  Act  1199. 

STATE   HIGHWAYS.      See   Highways. 

STATE  HORTICULTURAL  COMMISSIONER.  See  County  Horticultural  Commis- 
sioner;   State  Horticultural   Examiners. 

Annual   reports   of,    p.   493,  §  2319h. 

Appointment   of,   considerations   guiding  governor,   p.   488,  §  2319. 

Arrangement  of  office   into   divisions,   p.   488,  §  2319. 

Civil  executive  officer,   p.  488,  §  2319. 

County   horticultural  commissioner,  is,   ex  officio,  p.  492,  §  2319f. 

County  horticultural   commissioner.      See  County  Horticultural   Commissioner. 

County  horticultural   commissioner   to  make   annual   reports  to,   p.   492,  §  2322c. 

Deputies  and  assistants,  power  to  appoint  and  remove,  p.  488,  §  2319. 

Deputies   and   assistants,   qualifications,  duties  and  salaries,   p.  488,  §  2319. 

Duties  of,  enumerated,  p.  490,  §  2319a. 

Expenses  of,   payment   of,   p.   493,  §  2319j. 

Governor  may  remove,  p.  488,  §  2319. 

Infectious  diseases,  insects  or  pests,  duty  of  quarantine  officer  or  county  com- 
missioner  on    receiving   report   of,    p.    491,  §  2319d. 

Infectious  diseases,    insects  or  pests,   powers   and  duties  as  to,   p.   491,  §  2319c. 

Infectious  diseases,  insects  or  pest,  report  of  to  quarantine  guardian  or  county 
commissioner   with    directions   for    treatment,   p.    491,  §  2319d. 

Insectary,  power  and  duties  of  state  horticultural  commissioner  as  to,  p.  488, 
§  2319. 


INDEX.  2579 

STATE  HORTICULTURAL  COMMISSIONER    (Continued). 

Must   be   a   citizen   and  resident,    p.   488,  §  2319. 

Offices,   during  what   time  open,  p.   488,  §  2319. 

Offices,  where  located,  p.  488,  §  2319. 

Powers  of,  enumerated,  p.  490,  §  2319a. 

Quarantine,    approvals  hy  governor  of,  how  made  and  expressed,  p.  490,  §  2319b. 

Quarantine,  cannot  declare  without  consent  of  governor,  p.  490,  §§  2319a, 
2319b. 

Quarantine,  co-operation  with  United  States  authorities  in  establishing,  p.  492, 
§  2319e. 

Quarantine,  guardian,  issuance  of  commission  as  to  county  horticultural  com- 
missioner,  p.   490,  §  2322b. 

Quarantine  guardians,  may  issue  commissions  as  to  county  horticultural  com- 
missioners, p.  490,  §  2319a. 

Quarantine   lines,  notice  to  governor  of  and  proclamation  by,  p.  492,  §  2319e. 

Quarantine   officer,    regarded   as,   p.   490,  §  2319a. 

Quarantine  regulations,   power  to   establish   and  enforce,   p.   490,  §  2319b. 

Salary  of,  p.  488,  §  2319. 

Term  of  office,  p.   488,  §  2319. 

Traveling  and  other  expenses   incurred,  how  paid,  p.   488,  §  2319. 

Vacancy   in    office,    governor   to   till,    p.    488,  §  2319. 

STATE  HYGIENIC  LABORATORY.      See  State  Board  of  Health. 

STATE  LANDS.      See  Mines  and  Mining. 

Actions    against    state    concerning   marsh   and   tide    lands    authorized,    p.    1962, 

Act  3797. 
Adjustment  and  settlement  between  state  and  United  States  as  to,  p.  2237,  Act 

4218. 
Anderson,  Peter,  provision  for  issuance  of  patent  to  for  certain  land,   p.   1724, 

Act   2867a. 
Contest   of  right   to   purchase,  p.   543,  §  3513. 
Conveyance  by   state   to   United  States   of  lands   erroneously   patented   to   state, 

p.  2217,  Act  4217. 
Death  of  applicant  beiore  patent  issued,  proceedings  to  determine  who  are  heirs, 

p.  90,  §  1724. 
Delinquent  purchasers,   decree  against,   where  filed,   p.   545,  §  3550. 
Grant    of    certain    land    by    state    to    United    States    for   use    of    Soboda    Indians, 

p.  2236,  Act  4216. 
Lakes,    lands    uncovered    by    recession    of,    containing    minerals    to    be    leased, 

p.    540,  §  3493m. 
Lakes,   sale   of  lands  uncovered  by  recession   of,  p.   540,  §  3493m. 
Lieu    lands,   cancellation  of  certain   applications  for,   p.   1977,  Act  3840. 
Lieu   lands,  cancellation  of  liens  for  taxes  on  lands  used  as  basis  for  selections, 

p.   1978,  Act  3841. 
Lieu   land,    indemnity    certificate    or    scrip,    cancellation    and    restoration,    where 

holder  not  entitled  to  purchase,  p.   516,  |  340Hd. 
Lieu    land,    indemnity-    certificate    or    scrip,    death    of    purchaser    and    right    of 

successor,   p.   516,  §  3408d. 
Lieu   lands,    indemnity    certificates    or    scrip,     disposition     of     moneys     received 

from,  p.  516, .§  3408d. 
Lieu   lands,   indemnity  certificates   or  scrip,   general   provisions  of  code   Bl'p'y   to 

purchases  under,   p.   516,  §  3408d. 


2580  INDEX. 

STATE  LANDS  (Continued). 

Lieu   land,  indemnity  certificate  or  scrip,  loss  of,  proceedings  in  case  of,  p.  516, 

§  3408d. 
Lieu  land,    indemnity    certificate    or    scrip,    not    subject    to    sale    or    assignment, 

p.  516,  §  3408d. 
Lieu   lands,    indemnity    certificate    or    scrip,    number    of    acres    one    may    select, 

p.  516,  §  3408d. 
Lieu   land,   indemnity   certificate   or   scrip,   proceedings   where   holder   entitled   to 

recover  money  paid  for,   p.   516,  §  3408d. 
Lieu  land,    indemnity    certificate    or    scrip,    proceedings    where    in%'alid    or    will 

not  be  accepted,  p.   516,  §  3408d. 
Lieu   lands,   indemnity   certificates   or   scrip,    sale   of,   p.   516,  §  3408d. 
Lieu  land,   indemnity   certificate  or  scrip,   sale   of,   affidavit  and  fees  of  person 

selecting,    p.    516,  §  3408d. 
Lieu   land,    indemnity    certificate   or   scrip,    sale   of,    issuance   of   indemnity   cer- 
tificate of  location  and  form  of,  p.   516,  §  3408d. 
Lieu   land,    indemnity    certificate    or    scrip,     sale    of,    minimum    price,    p.     516, 

§  3408d. 
Lieu   land,   indemnity  certificate   or  scrip,    sale   of,   right  of  one   to  purchase   for 

another,  p.  516,  §  3408d. 
Lieu  land,   indemnity   certificate  or  scrip,   sale  of,  right  of  purchaser  to  locate 

on   United   States   land,   p.    516,  §  3408d. 
Lieu  land,    indemnity   certificate   or   scrip   to   be   accepted   in  payment,   p.    516, 

§  3408d. 
Lieu   lands,   indemnity  certificates  or  scrip,  who  may  purchase,  p.  516,  §  3408d. 
Lieu   lands,  no  selection  to  be  made  except  on  surrender  of  scrip,  p.  514,  §  3398. 
Lieu  land,    reselection    where    certificate    of    purchase    issued,    certificate    to    be 

surrendered,  p.  514,  §  3398. 
Lieu   lands,   sale  of,   p.   540,  §  3494. 

Lieu   land,   selection   of,   approval  of   and   issuance   of  certificate,   p.   515,  §  3407. 
Lieu   land,  selection  of,  perfecting,  amending  or  selecting,  conditions  of,  p.  514, 

§  3398. 
Lieu  lands,   surveyor  general  is  general  agent  of  state  for  location  of,  p.   514, 

§  3398. 
Patent,   certified  copy  of,  effect   of,  p.   546,    §  3571. 
Patents  for,   to  whose  benefit   accrue,   p.   544,  §  3519. 
Patents  for  when   to  issue,  p.   544,  §  3519. 
Payment,   failure  to  make,  effect  of,  p.  544,  §  3513. 
Payment,   how  made,   p.   544,  §  3513. 

Payment,    interest,    effect  of  failure  to  pay,   p.   544,  §  3513. 
Payment,    issuance  of  patent  after,   p.   oii    §  3519. 
Payment,    within   what   time   to   be   made,    p.    544.  §  3513. 
Recorders  to  furnish  surveyor  general  with  certificates  showing  status  of  school 

lands,  p.  1863,  Act  2986. 
Register   of   state   land  office.      See  Register  of   State  Land  Office. 
Sale  of  land  not  the  property  of  stale,  rights  of  purchaser,  p.  546,  §  3571. 
School   lands,  application  for,  approval  of,   p.   542,  §  3498. 
School   lands,  application  for,  within  what  time  to  be  made,  p.  543,  §  3499. 
School   lands,  bonds  purchased  from  proceeds  of  deposited  with  state  treasurer, 

p.  329,  §  676. 
School   lands,   funds  from,   investment    in   bond.*   of   irrigation   districts,   p    1344, 

Act  1732b. 
School   lands,   proceeds  of,  investment  of,  p.   329,  §  676;   p.   331,  §  680. 


INDEX.  2581 

STATE  LANDS  (Continued). 

School   lands,    recorders    to    furnish    surveyor    general   with    certificates    showing 

status  of,  p.  1863,  Act   2986. 
School  lands,  relief  of  purchasers  of  who  have  not  paid  interest,  p.  1977,   Act' 

3834a. 
School  land,    sale   of,    affidavit   where   applicant   a   woman,   provision    as   to    re- 
pealed,  p.    542,  §  3496;    p.    543,  §  3501. 
School   lands,   sale  of,  regulations  governing,  p.  540,  §  3494. 
School   lands   within  national  forest,  park  or  reservation,  withdrawal  of,  p.   540, 

§  3494;   p.   1979,   Act   3842. 
Surveyor  general.      See    Surveyor   General. 

Swamp  and  overflowed  lands.      See  Swamp  and  Overflowed  Lands. 
Taxes,   state  land  sold  to  state  for,  disposition  of  proceeds,  p.  554,  §  3788. 
Taxes,   state  land  sold  to  state  for,  former  owners  preferred  purchasers,  p.  554, 

§  3788. 
Taxes,   state    land    sold    to    state    for,    proceedings    thereafter,    p.    552,  §3785; 

p.   554,  §  3788. 
Taxes,   state  land  sold  to  state  for  taxes,  right  of  redemption  by  former  owners 

and  proceedings  on,  p.   554,  §  3788. 
Tide   lands.      See  Tide   Lands. 

STATE  LIBRARY. 

Duties   of  librarian   enumerated,   p.   486,  §  2295. 

Fees,   what  to  be  paid  into  fund  of,  p.  293,  §  409,   subd.   25. 

Fund  for,   p.   488,  §  2300. 

Librarian,   books  and  pamphlets  compiled  by,  cost  of  printing,  p.  487,  §  2295. 

Librarian,   books   and  pamphlets,    duty    to    compile    for    state    officers,    p.    487, 

§  2295,   subd.   10. 
Librarian,   compilation    of    books    and    pamphlets    for    state    officers,    submitting 

facts  to  state  board  of  control,  p.  487,  §  2295,  subd.  10. 
Librarian,    duties   of   enumerated,    p.   486,  §  2295. 
Publications   furnished   to,  p.  487,  §  2295a. 

Publications   furnished   to,   sale   and  distribution,   p.   487,  §  2295a. 
Salaries  of  deputies,  provision  as  to  repealed,  p.  488,  §  2303. 
Trustees,   duties  of   enumerated,   p.   486,  §  2293. 

STATE   MINERALOGIST.      See  State  Mining  Bureau. 

STATE  MINING  BUREAU. 

Act  of  1913  establishing  state  mining  bureau,  p.   1485,   Act  2213a. 
Investigation    of    mining    operations,    dealings    and    transactions,    p.    1485,    Act 

2213a. 
Officers  and  employees  of,  p.  1485,  Act  2213a. 
Prosecution  for  defrauding,  swindling  and  cheating  in  mining  operation,  p.  1485, 

Act  2213a. 
Repeal  of  act  of  1893  providing  for  establishment,  maintenance  and  support  of 

state   mining  bureau,    p.   1485,    Act  2213a. 
Reports  to  by  persons  in   charge  of  mining  operations,   p.   1485,  Act  2213a. 
State   mineralogist,   creation   of  ofTice  of,   p.   1485,  Act  2213a. 
Stale   mineralogist,   salary,  powers  and  duties  of,  p.   1485,   Act  2213a. 

STATE   PRINTER. 

State   .school    text-books,    duties    as    to,    pp.    389,    390,  §  1519,    siibds.    tOMlli    and 
eleventh. 


2582  INDEX. 

STATE  FEINTING.      See   Superintendent  of  State  Printing, 

STATE   PRISONS.      See   California    State   Reformatory. 

Appropriation  for  additional  cells,  buildings,  improvements,  el'c,  p.  1686,  Act 
2778a. 

Asexualization  of  convicts,   p.   859,   Act  248. 

Bringing  drugs,   liquors,   weapons  or  explosives   into   a   felony,   p.   193,  §  171a. 

California   state  reformatory,   commitment  of  prisoners  to,  p.   1012,   Act   512. 

Drafts  upon   controller  for  moneys   required,   and  payment'  of,  p.   256,  §  1584. 

Employment  of  prisoners  and  disposition   of  products,   p.   1980,   Act   3867. 

Folsom,   appropriation  for  cells  and  wall,  p.   1686,   Act  277a. 

Folsom,    receipt  of  moneys  by  warden  and  payment  into  treasury,  p.  256,  §  1584. 

Folsom,   rock-crushing  plant  at,   repeal  of  act  relating  to,  p.   1686,   Act  2772. 

Intoxicating  liquors,  selling  or  giving  away  of  within  certain  distance  of,  punish- 
ment of,  p.  193,  §  172. 

Jute,   appropriation   for  permanent  fund  for,  p.  1357,   Act   1763. 

Jute  goods,  price,   terms  and  conditions  of  sale  of,  p.   1358,   Act   1768a. 

Jute,   revolving   fund  for,   p.    1357,   Act   1763. 

Moneys   expended  by  warden,  vouchers  for,  p.  256,  §  1584. 

Moneys   received  at  San  Quentin,   disposition  of,  p.  256,  §  1584. 

Moneys   received  at  Folsom,  disposition  of,  p.  256,  §  1584. 

Moneys,  report  of  receipts  and  expenditures  by  warden,  p.  256,  §  1584. 

Moneys  required  by  wardens,   drafts  for,   p.   256,  §  1584. 

Parole  commissioners.      See  Parole   Commissioners. 

San  Quentin,  cells,  buildings,  electric  and  power  plants,  etc.,  appropriation  for, 
p.  1686,  Act  2778a. 

San  Quentin,  moneys  collected  by  warden,  report  of  and  payment  into  treasury, 
p.  256,  §  1584. 

Wardens,   duties  of,  enumerated,  p.  256,  §  1578. 

Warden,  quarterly  report  to  controller  of  moneys  retained  and  amounts  paid 
out',  p.   256,  §  1584. 

Wardens  to  take  and  file  vouchers  for  moneys  expended,  p.  256,  §  1584. 

STATE   RAILROAD  COMMISSION.      See   Railroad   Commission. 

STATE   TREASURER.      See  Treasurer,   State. 

STATE   VETERINARIAN.      See  Veterinary   Surgery. 

STATE  WATER  COMMISSIONERS.      See  Water  Commission. 

STATISTICS.      See  Labor   Statistics. 

Collection,  compilation  and  publication  of  agricultural  and  other  industrial 
statistics,   p.    1967,   Act  3798c. 

STATUTE  OF  LIMITATIONS. 

Bank,    claim   against,   action   within   what  time   to  be   brought,   p.   923,   Act  297, 

§  136. 
Constables,    actions   against,   p.    1."?,  §  339. 
Contract  not  in   writing,   p,   13,  §  339. 
Coroners,    actions   against,   p.    13,  §  339. 
Escape,   actions  for,  p.   13,  §  339. 
Obligations  not  in  writing,  p.  13,  §  339. 


INDEX.  2583 

STATUTE   OF  LIMITATIONS   (Continued). 

Overcharges  by  public  utility,   action  to   recover,  p.   1784,   Act  2886.  §  71b. 

Sheriffs,   actions  against,  p.   13,  §  339. 

Stockholders,  actions  against  by  superintendent  of  banks,  p.  922,  Act  297,  §  136. 

Taxes  paid  under  protest,   action  to  recover,  p.   5.58,  §  3819. 

Title   insurance   policy,   action   on,   when   accrues,   p.   13,  §  339. 

Title   insurance   policy,   actions  on,  when  barred,  p.   13,  §  339. 

STAY. 

Execution,  power  of  court  to  stay,  p.  32,  §  681a. 

STEEL-HEAD  TEOUT.      See  Game  Laws. 

STEVEDORES.      See   Shipping. 

STOCK.      See  Banks  and  Banking;   Corporations;   Public  Utilities,  II. 

STOCKTON. 

Charter  of,  p.  1981,  Acts  3899,  3899a. 

STORAGE.      See  Cold  Storage. 

STORM-WATER  DISTRICTS.      See  Protection  Districts. 

Amendments  of  act  providing  for  formation,  organization  and  government, 
p.    1695,   Act   2806. 

STREAMS.      See  Waters. 

STREET  RAILROADS. 

Authority  as  to,  p.   134,  §  499. 

City  owning  roads,   right   of  to  use  tracks  of  another  company,  p.  134,  §  499. 

Conditional  sale  of  equipment  and  rolling  stock,  act  of  1913  relating  to,  p.  1815, 
Act   2931a. 

Highways,  laying  out   across,   procedure  and  damages,  p.   505,  §  2694. 

Permitting  two  or  more  companies  to  use  same  track,  authority  as  to,  p.  134, 
§  499. 

Permitting  two  or  more  companies  to  use  same  tracks  where  tracks  are  of  dif- 
ferent  gauge,  p.   134,  §  499. 

Regulation  of  under  public  utility   act.      See  Public  Utilities. 

STREETS. 

Abandonment   of  proceedings   for  improvement   of,   p.    1990,   Act    3928. 
Abandonment   or   closing   up     of,     acceptance     of     new    streets     in     lieu     thereof, 

p.  2099,  Act  3937b. 
Abandonment   or   closing  up    of,    disposition    of    lands    and    execution    of    deeds 

by   cities,   p.   2099,    Act    3937b. 
Act   of    1885   providing   for   work   upon    streets,   lanes,   sidewalks,   etc.    (A'rooman 

act),   amendments   of   1911    and   1913,   p.   1999,   Act   3930. 
Act   of   1889   providing  for  layuig   out,   opening,    extending,    etc.,   aiiicinlinenls  of 

1913   of,   p.   1989,   Act   3927. 
Act   of   1903   providing   for  laying  nut,   opening,   extending,   etc.,   ainciidments   of 

1911   and   1913  of,  p.  1990,  Act  3928. 
Act   of    1903    providing    for    system    of    street    improvement    bondK    to    represent 

assessments,  amendments  of   1911   and   1913,   p.  2023,   Act  3932. 


2584  '  INDEX. 

STREETS  (Continued). 

Act  of  1909  for  changing  and  modifying  grade  of  streets,  lanes,  etc.,  amend- 
ment  of   1911,    p.    2032,    Act    3936. 

Act  of  1909  for  improvement  of  in  places  wliere  damage  results  from  improve- 
ments, amendment   and  repeal  of,  p.  2031,  Act   3934. 

Act  of  1909  providing  for  work  upon  and  construction  of  sidewalks  and  curb- 
ing repealed,  p.   2032,   Act   3935. 

Act  of  1911  for  establishment  and  change  of  grades  where  damages  result  and 
providing  for  bonds  to  meet  costs,  p.  2100,   Act   3937c. 

Act  of  1911  for  improvement  of  streets,  etc.,  establishing  or  changing  grades 
and  for  issuing  bonds,   p.   2033,   Act   3937. 

Act  of  1911  providing  for  issuance  of  improvement  bonds  for  street  improve- 
ments or  assessments,   p.   950,   Act   390. 

Act  of  1911  providing  for  work  on,  changing  grades  and  for  street  improve- 
ment bonds  for  assessments,  p.   2033,   Act   3937. 

Act'  of  1911  providing  for  work  on  streets  on  exterior  boundaries  of  cities 
and  construction  of  sewers  and  sidewalks,   p.  2080,   Act  3937a. 

Assessments,   issuance  of  improvement  bonds  to  represent,  p.   950,   Act  390. 

Bonds  for  street  improvements  or  assessments,  act  of  1911  relating  to,  p.  950, 
Act   390. 

Bonds,  improvement,  issuance  of,  to  represent  assessment,  under  act  of  April 
27,   1911,  p.  2033,   Act  3937. 

Bonds  to  represent  assessment,  issuance  of  under  act  of  1893,  p.  2023,  Act 
3932. 

Bonds  to  represent  assessment  issued  under  act  of  April  7,  1911,  p.  2033,  Act 
3937. 

Boulevards.      See  Boulevard  Districts. 

Cemeteries,   opening  of   streets   through,   p.    1020,   Act  548. 

Cities  authorized  to  construct,  maintain  and  operate  pipelines,  etc.,  across, 
p.    1564,   Act  2389b. 

Cities  authorized  to  grant  franchises  to  lay  steam-heating  pipes  in  streets, 
p.   1565,  Act  2389c. 

Disposition  of  lands  abandoned  or  closed  up  as  public  streets,  p.  2099,  Act 
3937b. 

Highway  system,  use  of  streets  as  part  of,  p.  1560,  Act  2386. 

Liability  of  officers  for  injuries  from  defects  in,  p.  1611,   Act  2554. 

Lighting  of,   act  of   1905   relating  to  repealed,  p.   1570,  Act  2389g. 

Lights  in.      See  Lighting  Districts:    Municipal  Corporations. 

Officers,   liability  of  for  injuries  from   defects   in,   p.   1611,   Act  2554. 

Shade  trees  and  ornamental  shrubs,  planting  along  streets  and  assessing  costs 
against  owners,  p.    1981,  Act   3924. 

Vrooman   act,   amendments   of,   p.   1999,   Act   3930. 

Vrooman   act,   revival   of  part  of   act   relating  to   sidewalks,   p.   2032,   Act   3935. 

Weeds  in,  cities  of  fifth  and  sixth  class  authorized  to  declare  a  nuisance  and 
to  abate,  p.  1518,  Act  2347a. 

STRIKES. 

Regulation  of  advertisements  or  solicitations  of  employees  during,  p.  1409,  Act 
2140a. 

STRIPED  BASS.      See  Game  Laws. 

STURGEON.      See   Game  Laws. 


INDEX. 


2585 


SUBPOENAS.      See  Witnesses. 

SUBWAYS. 

Under   navigable   streams   and   bodies   of   water,    provision    as   to,    p.    2127,    Act 
3937d. 


SUCCESSION. 

Succession  taxes. 


See  Taxation. 


SUMMONS. 

Publication,   affidavit  as  to   filing  of,   certificate   of  residence,   p.   17,  §  412. 
Publication  of,  certificate  of  residence,  effect  of  or  right  to,  p.   17,  §  412. 
Publication,   procedure  to  obtain  order  for,  p.  17,  §  412. 
Publication,   when  may  be  ordered,  p.  17,  §  412. 

Service   of  in   condemnation   proceedings   against   slate   or   United   States,   p.    62, 
§  1240,  subds.  8,  9. 

SUNDAYS.      See   Holidays. 

SUNFISH.      See  Game  Laws. 

SUPERINTENDENT   OF   PUBLIC   INSTRUCTION.      See    Schools. 

SUPERINTENDENT  OF  SCHOOLS.      See   Schools. 

SUPERINTENDENT  OF  STATE  PRINTING.      See   State  Printer. 
Appointed  by  governor  with  consent  of  senate,   p.   30.5,  §  530. 
Appointment  of,   term  of  incumbent   not  affected,   p.   305,  §  530. 
Bond  of,   p.  305,  §  530. 
Duties  of  enumerated,  p.   303,  §  526. 
Holds  at  pleasure   of  governor,   p.    305,  §  530. 
Qualifications  of,   p.   305,  §  530. 
Style  and  manner  of  printing,   to  decide,  p.   305,  §  529, 

SUPERIOR  COURT. 

Rules  of.      See  Rules  of  Court. 

SUPERIOR  JUDGES.      See  Judges. 

Additional,    one,    for   Contra    Costa    county,   p.    1050,    Act    726. 

Increase  of  number  of  in   Kern   county,  p.   1382,   Act  1790a. 

Increase  of  number  of  in  Tulare  county,  p.  2232,  Act  4182. 

May    order    matter    taken     down    in    shorthand    and    transcribed    and    charged 

against  county,   p.   10,  §  274a. 
Orange  county,  increase  in  number  of,   p.   1G39,   Act  2579. 
Particular  county,  of.      See  particular  title. 
Salaries  of,   p.   .336,  §  737. 

Salaries  of  superior  judges  of  Kern   county,  p.  1382,  Act'  1794. 
Salaries,  state  and  county  each  pay  one-half,  p.  336,  §  737. 
San   Diego,   increase  in  number  of   in,   p.   1902,   Act   3172a;    p.    igO.T,   Act    3173. 

SUPERVISORS. 

Chriiinian,   monthly  count  of  money  in   treasury,   p.  592,  S  4007. 

Claims   against   counties.      See   Counties. 

Classification  of  for  purposes  of  election,  p.  571,  8  4021. 

County,    duty   to   publish    proceedings   and   perinliv    fur   fiiilnrf,    p.    .''iKl    5   lnlO 


2586  INDEX. 

SUPERVISORS   (Continued). 

County,    general   powers   and  duties   of   enumerated,   p.   575,  §  4041. 

County,    may  replace  indexes  to  records  destroyed  by  fire,  p.  584,  §  4043a. 

County  officers,  are,  p.  570,  §  4013. 

County,   particular   county.      See  particular  title. 

County,  power  to  declare  innavigable  streams  highways  for  fishing,  p.  591, 
§4085%. 

County,  provision  requiring  report  of  data  to  state  agricultural  society  re- 
pealed, p.   585,  §  4056. 

County,  tax  authorized  for  fund  for  exhibiting  products*  or  encouraging  trade 
or  immigration,   p.   585,  §  4056b. 

Election    commissioners,    are,    p.    340,  §  1075. 

Election   of,   time  of,  p.   571,  §  4021. 

Highways,   power  of   supervisors  of  county   over,  p.   500,  §  2643. 

Highways,   powers  over.      See  Highways. 

Indexes  to  records  destroyed  by  fire,   may  replace,   p.   584,  §  4043a. 

Innavigable  streams,  power  to  declare  highways  for  fishing,  p.  591.  §  4085*/^. 

Ordinances,    initiative.      See   Ordinances. 

Particular  county,   of.      See   particular  county. 

Permitting  two  or  more  street  railways  to  use  same  tracks,  p.   134,  §  499. 

Powers   of   enumerated,   p.    575,  §  4041. 

Records   of,   duty   to  publish,   p.   584,  §  4049. 

Records   of,  failure  to  publish,  punishment  of,  p.  584,  §  4049. 

Records   of,    time   of   publishing,    p.    584,  §  4049. 

Registrars  of  election,   to  appoint,  p.   595,  §  4149e. 

State  agricultural  society,  provision  for  supervisors  to  furnish  data  to  repealed, 
p.  585,  §  4056. 

Tunnels,  tubes  and  subways  under  navigable  streams  or  bodies  of  water,  pro- 
vision as  to,  p.  2127,  Act    3937d. 

Wharves,  supervisors  may  grant  authority  to  erect  with  right  to  take  tolls, 
p.   509,  §  2906. 

SUPREME   COURT. 

Rules  of.      See  Rules  of  Court. 
Salaries  of  olficers  of,   p.   336,  §  739. 

SURETY  COMPANIES. 

Certitieate  of  authority  to  do  business,  p.  46,  §  1057a. 
Justification   by,    manner   of   and   procedure,    p.    46,  §  1057a. 
Justification,  when  complete,  p.  46,  §  1057a. 

SURETY  INSURANCE    COMPANIES. 

Capital   stuck  required  of,  p.  309,  §  594,   subd.   16. 

What   included   in   surety   insurance,   p.   307,  §  594,   subd.   5. 

SURETYSHIP.      See   Surety   Companies;    Surety   Insurance  Companies. 

SURGEONS. 

Privileged  communications  between   surgeon   and  patient,  p.   96,  §  1881. 

SURGERY.      See  Medicine;   Veterinary  Surgery. 

SURPLUS  LINE  BROKERS.      See  Insurance  Companies. 


INDEX.  2587 

SURVEYOR,  COUNTT. 

County  officer,   is,  p.   570,  §  4013. 
Particular  county,   of.      See  particular  title. 

SURVEYOR  GENERAL.      See  State  Lands.  s 

Appointees  of,   p.   303,  §  485. 

Appointees   of  are  civil  executive   officers,   p.   303,  §  485. 

Appointees,   salaries  of,   amount   of  and  when   and   how  paid,  p.   303,  §  485. 
Assistant  is  assistant  register  of  state   land  office,  p.   303,  §  485. 
Deputy  surveyor  general  is  exofficio  deputy  register  of  state  land  office,  p.  303, 

§  485. 
Indemnity  selections,   duty  as   to,   p.   515,  §  3408d. 
Lieu   lands,   is  general  agent  of  slate  for  location  of,  p.  514,  §  3398. 
Lieu   land  selections,   approval   of  and  issuance  of  certificate,   p.   515,  §  3407. 
Lieu   lands,   selection  of.      See   State  Lands. 

Register  of  state  land  office.      See  Register  of  State  Land  Office. 
School  land  within  reservation,  duty  as  to,  p.  1979,  Act  3842. 

SURVIVAL   OF  ACTIONS.      See  Abatement. 

SUTTER  COUNTY. 

Assessor,    deputy,    appointment   and   salary   of,   p.    801,  §  4277,    subd.    7. 

Assessor,    salary  of,  p.  801,  §  4277,  subd.  7. 

Auditor,    salary    of,   p.    801,  §  4277,   subd.   4. 

Classification   of,   p.   569,  §  4006. 

Constables,  population  of  townships,  how  ascertained  for  purpose  of  fixing  sal- 
aries, p.   801,  §  4277,   subd.   14. 

Constables,   salaries,   expenses  and  fees,   p.   801,  §  4277,   subd.   14. 

Coroner,   salary  and  expenses  of,  p.   801,  §  4277,   subd.  9. 

County   clerk,    salary   of,   p.   801,  §  4277,   subd.    1. 

District  attorney,   salary  of,   p.   801,  §  4277,   subd.   8. 

Fish  and  game  warden,   salary  and  expenses  and  how  paid,  p.  594,  §  4149d. 

Justices,  population  of  townships,  how  ascertained  for  purpose  of  fixing  salaries, 
p.  801,  §  4277,  subd.  14. 

Justices,  salaries  and  fees  of,  p.  801,  §  4277,  subd.  14. 

Population   of,  p.   566,  §  4005c. 

Public  administrator,  fees  of,  p.   801,  §  4277,   subd.   10. 

Recorder,    deputy,  appointment  and  salary  of,  p.  801,  §  4277,   subd.   3. 

Recorder,   salary  of,  p.  801,  §  4277,  subd.  3. 

Registrar  of  voters,  salary,  fees,  allowances,  deputies  and  assistants,  pp.  600, 
601,  §  4149e. 

Sheriff,   salary  and  expenses  of,  p.  800,  §  4277,  subd.  2. 

Superintendent  of  schools,   salary  and  expenses  of,  p.   801,  §  4277,   subd.   11. 

Supervisors,  mileage  for  services  as  road  commissioner,  p.  HOI,  §  4277,  subd.   13. 

Supervisors,  salary,  expenses  and  mileage,  p.  801,  §  4277,  subd.  13. 

Surveyor,   salary  and  expenses  of,  p.  801,  §  4277,   subd.   12. 

Tax  collector,   salary  of,   p.   801,  §  4277,   subd.   6. 

Treasurer,    salary   of,   p.   801,  §  4277,   subd.   5. 

SUTTER'S  FORT. 

Salary   of   gardener,   p.   2128,   Act   4018. 

SWAMP  AND  OVERFLOWED  LANDS.      See  Levee  Districts;  Rpclnmation  DJKtrlrtg; 
Tide   Lands. 


2588  INDEX. 

SWAMP  AND  OVERFLOWED  LANDS  (Continued). 

Actions    against    state    concerning    marsh    and    tide    lands    authorized,    p.    1962, 

Act  3797. 
Patent,    lost,   duplicate,    fee   for   issuing,   p.   545,  §  3524. 
Patent,    lost,   duplicate  patent,    effect  of,   p.   545,  §  3524. 
Patent,   lost,   isuance  of  duplicate  authorized,  p.   545,  §  3524. 
Patent,   lost,  issuance  of  duplicate,  procedure,  p.  545,  §  3524. 
Sale  of  land  that  had  not  been  segregated,  rights  of  purchasers,  p.  546,  §  3571. 
Tide  lands,  repeal  of  provision  defining,  p.  518,  §  3444. 

SWANS.      See  Game  Laws. 


TAXATION.      See   State  Board  of  Equalization. 

Appropriation  for  loss  of  taxes  because  of  state  and  county  taxes,  p.  2186, 
Act   4067a. 

Appropriation  to  pay  bonded  indebtedness  of  cities  or  counties  existing  on 
separation   of   state   and   local   taxes,  p.   2186,    Act  4067a. 

Assessment-book,  assessor  to  furnish  copies  to  cities  or  lighting,  water  or  irri- 
gation  districts,  p.   547,  §  3653. 

Assessment-boolf,   charge   for   copies  of,   p.   547,  §  3653. 

Assessment,  deductions  for  mortgages  where  part  payments  made  and  not 
released  from  record,  not  void,  p.  558,  §  3819. 

Assessments,    erroneous,    cancellation    of,    p.    558,  §  3804a. 

Assessor.      See   Assessor. 

Assessor,    allowance   for  making  military-roll,   p.   815,  §  4290. 

Assessor,  expenses  allowed  to  when  summoned  to  appear  before  board  of 
equalization,   p.   815,  §  4290. 

Assessor,   fees   and   mileage  for   selling  personal  property,   p.   556,  §  3793. 

Assessor,   military-roll,   compensation   for  making,    p.   456,  §  1901. 

Assessor,  military-roll,  failure  of  head  of  educational  institution  to  report  a 
misdemeanor,    p.   456,  §  1898. 

Assessor,  military-roll,  failure  to  perform  duty,  penalty,  p.  456,  §  1898. 

Assessor,  military-roll,  heads  of  educational  institutions  to  report  pupils  subject 
to  military  duty,  p.  455,  §  1897. 

Assessor,  military-roll,   powers  and  duties   in   relation   to,   p.   455,  §  1897. 

Assessor,  particular  county,  of.      See  particular  county. 

Assessor,   payment  of   collections   into   treasury,   p.   593,  §  4101a. 

Assessor,  percentages  and  allowances,  p.   816,  §  4290. 

Assessor,  percentages  allowed  to  on  personal  property  and  poll  taxes  collected, 
p.   815,  §  4290. 

Banks,  taxation  of  for  benefit  of  state,  p.  2151,   Act  4065. 

Cancellation  of  Hen  for  taxes  on  lands  used  as  basis  for  selection  of  lieu  lands, 
p.  1978,  Act   3841. 

Cities,  governed  by  freeholders'  charters,  assessment  of  property  in,  and  col- 
lection of  taxes,  p.  2190,   Act  4067c. 

City,   tax  by  for  park,  music  and  advertising  purposes,  p.   1562,   Act   2389a. 

Consolidation   of   offices  of  tax  collector  and  assessor,  p.   571,  §  4017. 

Consolidation   of   offices   of  treasurer  and  tax  collector,   p.   571,  §  4017. 

Corporations,   license   tax  upon.      See  Corporations. 

Corporations,  taxation  of  for  benefit  of  state,  p.  2151,  Act  4065. 


INDEX.  2589 

TAXATION   (Continued). 

Counties,   reimbursement   of   for   losses   in   railroad   taxes,    p.    2186,    Act   4067; 

p.   2187,   Act   4067a. 
Descriptions   of  personalty,   charge   for,   p.   547,  §  3653. 
Descriptions  of  personalty   with    names    and    addresses    of    owners,    assessor    to 

furnish  to  cities,  lighting,  water  and  irrigation  districts,  p.   547,  §  3653. 
Delinquent   taxes,   action   for   where   over  three   hundred  dollars,   p.   549,  §  3771. 
Delinquent   taxes,    deeds    after   being   recorded    to    be    sent    to    and    recorded    by 

controller,  p.   551,  §  3785. 
Delinquent   taxes,  deeds,   controller  to  furnish  forms  of,  p.   551,  §  3785. 
Delinquent   taxes,  deed  is  conclusive  of  what,  p.  554,  §  3787. 
Delinquent   taxes,  deed  is  primary  evidence  of  what,  p.  553,  §  3786. 
Delinquent   taxes,   deed   on   sale  to   purchaser  other  than  state,   form  of,   p.   552, 

§  3785b. 
Delinquent   taxes,    deed    on    sale    to    purchaser    other    than    state,    no    charge    for 

drawing  and  acknowledging,   p.   552,  §  3785b. 
Delinquent   taxes,   deed,   time   for  issuance  of  where   property   sold   to   purchaser 

other  than   state,  pp.   551,   552,   §§  3785,   3785b. 
Delinquent   taxes,   deed,   title  conveyed  by,  p.   554,  §  3787. 
Delinquent   taxes,   deed  to   state,  form  of,  p.  551,  §  3785. 
Delinquent   taxes,    deed   to    state    where   property    not    redeemed    in    five    years, 

p.  551,  §  3785. 
Delinquent   tax   list,   contents  of,  p.  549,  §  3764. 
Delinquent   tax   list,    designating    property    previously    sold    for    taxes,    p.    549, 

§  3764. 
Delinquent  taxes,  marking  property  "sold  to  the  state"  on  delinquent'  tax  list, 

p.   549,  §  3771. 
Delinquent   taxes,  owner  may  pay  on  day  of  sale,  p.  549,  §  3771. 
Delinquent   taxes,    sale    of    property    sold    to    state,    for    taxes,    distribution     of 

moneys  received,  p.  562,  §  3898,  subd.  1. 
Delinquent   taxes,  sale  of  property  sold  to  state  for  taxes,  duty  of  recorder  and 

assessor  on  report  of  to,  p.  562,  §  3898,  subd.  4. 
Delinquent  taxes,   sale  of  property   sold  to   state   for  taxes,   procedure,   p.   560, 

§  3897. 
Delinquent   taxes,  sale  of  property  sold  to  state  for  taxes,  report  of  to  assessor 

and  recorder,    p.   562,  §  3898,   subd.   3. 
Delinquent   taxes,   sale  of  property  to   state  for  taxes,   rights  where   proceedings 

void,  p.  562,  §  3898,   subd.   5. 
Delinquent   (axes,    sale   of  property  to   state,   p.   549,  §  3771. 
Delinquent   taxes,  sale  to  state,  cancellation  of  tax  sales,  p.  551,  §  3776. 
Delinquent  taxes,    sale    to    state,    improvements   not   to    be    removed    or    timber 

cut,    p.   549,  §  3773. 
Delinquent   taxes,    sale   to   state,   record   of   certificates   of   sale,   provision   as  to 

repealed,  p.  551,  §  3777. 
Delinquent  taxes,  sale  to  state,  record  of  sales  by  tax  collector,  p.  551,  5  3776 
Delinquent   taxes,   sale   to   state,  redemption,   record  of,  p.  551,  5  3776. 
Delinquent   taxes,     sale    where    properly    erroneously  assessed,    cancellation    of 

certificate  or  deed,  p.  558,  §  3804a. 
Delinquent    taxes,  state  lands  sold  to  state  for  taxes.      See  Stale  Tjands. 
Delinquent    taxes,    sale  by  state,  distribution  of  prciceeds,  p.   549,  5  .■!771. 
Delinquent    taxes,    sale    by    state,    notice    to    party    to    whom    land    last    assessed, 

p.   549,  §  3771. 


2590  INDEX. 

TAXATION  (Continued). 

Delinquent  taxes,  sale  by  state  of  property  that  has  not  been  redeemed,  p.  549, 

§  3771. 
Delinquent   taxes,   sale  by   state,   right   of  redemption  after,   p.   549,  §  3771. 
Delinquent   taxes,    sale   of  property    sold   to    state   for   taxes,    deed   to   purchaser, 

form  of,  p.  562,  §  3898,  subd.  2. 
Delinquent  taxes,  sale  of  property  sold  to  state,  deed  to  purchaser,  of  what  evi- 
dence, p.   562,  §  3898,   subd.   2. 
Delinquent   tax  list,  tax  collector  to  publish  annually,  p.  549,  §  3764. 
Delinquent   taxes,    personal    property,    fees    and    mileage    of    sheriff    for    selling, 

p.   556,  §  3793. 
Delinquent   taxes,   recording  of  and  fees  for,  p.   551,  §  3785. 
Erroneously   collected  taxes,   to  be  refunded,  p.   557,  §  3804. 
Erroneously   collected   taxes,    action   for,  who  only  can  bring,  p.   557,  §  3804. 
Erroneously   collected   taxes,   refunding  of,   procedure,   p.   557,  §  3804. 
Exemption   of   cemetery  lauds  from,  p.  1020,  Act  549. 

Exemption   of   funds   of  fraternal  benefit   society  from,  p.  944,   Act  313,  §  30. 
Exhibitions  of  products  of  counties,  power  of  supervisors  to  levy  tax  for,  p.  585, 

§  4056b. 
Fire,  tax  for  protection  against,  supervisors  may  levy,  p.  583,  §  4041,  subd.  40. 
Harbor  improvements,  tax  for  by  cities,  p.  1566,  Act  2889e. 
High  school  district,  limit  on  tax,  p.  445,  §  1755. 
Inheritance   tax  appraiser,  act  of  1909  authorizing  controller  to  appoint  repealed, 

p.  2129,  Act  4034. 
Inheritance   tax   department,    additional    attorneys   and    clerks,   p.    298,  §  445. 
Inheritance    tax    department,    attorneys    for,    appointment,    duties,    qualifications, 

residence,   salary  and  expenses,   p.  298,  §  445. 
Inheritance   tax   department,    clerk,    appointment,    duties,    salary    and    expenses, 

p.  298,  §  445. 
Inheritance    lax   department,   duties  of,  p.   298,  §  445. 
Inheritance   tax   department,   establishment  'Of,  p.  298,  §  445. 
Inheritance   tax   department,   maintained    by    and    under   direction    of    controller, 

p.   298,  §  445. 
Inheritance     taxes,  act  of  1913  relating  to,  p.  2130,  Act  4035b. 
Inheritance   taxes,   repeal   of  acts   of   1905   and   1911   relating   to,   p.   2129,    Acts 

4035,  4035a. 
Insurance  corporations,  taxation  of  for  benefit  of  state,  p.  2151,  Act  4065. 
Levy  and  collection  of  for  support  of  government  for  sixty-fifth  and  sixty-sixth 

fiscal  years,  p.  2187,  Act  4067b. 
Levy  and  collection  of,  in  cities  except  of  first  class,  p.  2148,   Act  4043. 
Lighting  district,  tax  to  support,  p.  1235,  Act  1466. 

Payment  under  protest,  action  for,  judgment  rendered  for  plaintiff  when,  p.  558, 
»  §  3819. 

Payment  under  protest,   action   to   recover,   time   to   bring,   p.   558,  §  3819. 

Payment   under   protest,    action   to   recover,  who  only  may  bring,  p.  558,  §  3819. 

Payment  under  protest,   how   made,   p.   558,  §  8819. 

Payment   under   protest,    owner  may  make,  p.  558,  §  3819. 

Payment   under   protest,    refunding   taxes,    settlement   between    county   and   state 

treasury,   p.   558,  §  3819. 
Personal  property  taxes,  rate  governing  in  collection  of,  p.  559,  §  3823. 
Public   service   corporations,   taxation  of,  p.  2151,  Act  4065. 
Public  service   corporations,   taxation  of  for  benefit  of  state,  p.  2151,  Act  4065. 


INDEX.  2591 

TAXATION  (Continued). 

River  banks,   tax   to   protect,   supervisors  may   levy,  p.   583,  §  4041,   subd.   40. 
Road  fund  tax,  power  of  supervisors  to  levy,  p.   583,  §  4041,   subd.  38. 
Separation  of  state  and  county  taxes,  provision  for  carrying  into  effect,  p.  2151, 

Act  4065. 
Sheriff  and  tax  collector,   consolidation  of  offices  of,   p.   571,  §  4017. 
Supervisors  of  county  authorized  to  levy  taxes  to  exhibit  products  or  encourage 

immigration  or  trade,  p.  2130,  §  4056b. 
Tax  collector,  payment  of  collections  into  treasury,  p.   593,  §  4101a. 
Taxpayer  cannot  enjoin  sale  of  bonds  for  public  improvements,  p.  22,  §  526a. 
Taxpayer,   right   of  to  enjoin  waste  of  public  money,  p.   22,  §  526a. 
University  of  California,   provision  for  permanent  support  and  improvement  of, 

p.  2183,  Act  4066. 
University  of   California,   repeal  of  act  providing  tax  for,  p.  2183,   Act  4066. 
University  of  California,   support   of.      See   University   of   California. 

TAX  COLLECTOR. 

County  officer,   is,  p.   570,  §  4013. 

License   collector,   is,   ex  officio,   p.   570,  §  4013. 

Particular  county,   of.      See  particular  county. 

TEAM  INSURANCE  COMPANIES. 

Capital   stock   required  of,   p.   309,  §  594,   subd.    16. 

What  included  in   team  insurance,   p.   308,  §  594,   subd.   14. 

TEHAMA  COUNTY. 

Assessor,   deputies  and  salary  of,  p.   773,  §  4266,   subd.  7. 

Assessor,    salary  of,  p.   773.  §  4266,   subd.   7. 

Auditor,   salary  of,  p.   772,  §  4266,   subd.  4. 

Classification   of,   p.    569,  §  4006. 

Constables,    population    of    townships,    how    ascertained    for    purpose    of    fixing 

salaries,  p.   774,  §  4266,   subd.   16. 
Constables,  salaries,  fees  and  expenses  of,  p.  774,  §  4266,  subd.   14. 
Coroner,  fees  of,  p.  773,  §  4266,  subd.  9. 

County   clerk,    deputy,  appointment  and  salary,  p.  772,  §  4206,  subd.  1. 
County   clerk,   salary  of,  p.   772,  §  4266,   subd.   1. 
District  attorney,  salary  of,  p.  773,  §  4266,  subd.  8. 

Fish  and  game  warden,  salary  and  expenses  and  how  paid,  p.   594,  §  4149d. 
Highway  connecting  Trinity,   Tehama   and   Shasta   counties   with  road   system   of 

Humboldt  counties,   p.   1233,   Act   14571. 
Jurors,   grand,  fees  and  mileage  of,  p.  774,  §  4266,   subd.    17. 
Jurors,    trial,  fees  and  mileage  of,  p.   774,  §4266,   subd.   17. 
Justices,  population  of  townships,  how  ascertained  for  purpose  of  fixing  salaries, 

p.  774,  §  4266,  subd.   16. 
Justices,   salaries  and  fees  of,  p.  773,  §  4206,   subd.    13. 
Population  of,  p.  566,  §  4005c. 

Public  administrator,  fees  of,  p.  773,  §  4266,  subd.  10. 
Recorder,   deputy,  salary  of,   p.   772,  §  4266,   subd.   3. 
Recorder,   salary  of,  p.  772,  §  4266,  subd.  3. 
Registrar  of   voters,    salary,   fees,    allowances,   deptitios   and    assisfantR,    pp.    .'iOO, 

601,  §  4149e. 
Salaries  payable  out  of   treasury  in   monthly   installments,   p.   774,  §  4266,   subd. 

18. 


2592  INDEX. 

TEHAMA  COUNTY   (Continued). 

Sheriff,  salary  and  mileage,  p.  772,  §  4266,  subd.  2. 
Supervisors,  expenses  of,  p.  774,  §  4266,  subd.  15. 
Superintendent    of    schools,    deputy,    appointment    and    salary,    p.    773,  §  4266, 

subd.  11. 
Superintendent  of  schools,   salary  and  expenses  of,   p.   773,  §  4266,    subd.   11. 
Supervisors,  salaries  of,  p.  774,  §  4266,  subd.  15. 

Surveyor,   salary,   expenses   and   allowances,  p.    773,  §  4266,   subd.    12. 
Tax   collector,    deputy,   appointment  and  salary,  p.  772,  §  4266,  subd.  6. 
Tax   collector,    salary,  p.   772,  §  4266,   subd.   6. 
Treasurer,   salary  of,   p.   772,  §  4266,   subd.   5. 

TELEGRAPH  COMPANIES. 

Rates   of.      See   Public   Utilities. 

Regulations  under  public  utility  law.      See  Public  Utilities. 

TELEPHONE   COMPANIES. 

Rates   of.      See  Public   Utilities. 

Regulations  under  public  utility  law.      See  Public  Utilities. 

TENANT.      See  Landlord  and  Tenant. 

TENANTS  IN  COMMON. 

Partition.      See  Partition. 

TENEMENT  HOUSES. 

Act   of   1909   regulating  building  and  occupancy  of  repealed,  p.  2195,  Act  4097. 
Act  of  1911   regulating  building  and  occupancy  of  and  amendments  of,  p.  2195, 
Act  4098. 

TEXT-BOOKS.      See  Schools. 

TIDE  LANDS.      See  Los  Angeles  City;   Swamp  and  Overflowed  Lands. 
Actions  against  state  concerning  authorized,  p.   1962,   Act  3797. 
Cities  .luthorized  to  grant  to  United  Slates,  p.  1579,  Act  2389h. 
Cities,  grants  of  by  to  United  States  validated,  p.   1579,  Act  2389h. 
Grant   of  by   state   to   city   of   Areata,   p.    857,    Act    222. 
Grant   of  by   state   to   city   of   Berkeley,   p.   948,   Act   351. 
Grant   of  by   state   to   city   of   Long  Beach,   p.   1399,  Act  1974. 
Grant   of  by   state   to   city   of  Los  Angeles,  p.  1400,  Act  1991. 
Grant  of   by   state   to   city  of   Oakland,   p.   1608,   Act   2533;    p.    1610.   Act   2534. 
Grant   of  by   state   to   city   of   San  Diego,  p.  1899,  Act  3158a. 
Grant   of  by   state   to   city   of   South   San   Francisco,   p.   1954,  Act  3741. 
Grant   of  by   state   to   city   of   Vallejo,  p.   2256,   Act  4269. 
Repeal  of  provision  delining,  p.  518,  §  3444. 
Richmond,  granting  of  to,  p.  1864,  Act  3019. 

TIME. 

Abandonment   of   condemnation   proceedings,   p.    70,  §  1255a. 

Action  to  annul,    modify    or    correct    reclamation    district    assessment,    p.    524, 

?  3462. 
Action  to  recover  taxes  paid  under  protest,  time  to  bring,   p.   558,  §  3819. 
Amendment  to   indictment  or  information,   of,  p.   239,  §  1008. 
Appeal  in  criminal  case,  filing  grounds  of  and  application  for,  p.  249,  §  1247. 


INDEX.  2593 

TIME  (Continued). 

Ajjpeal  in  probate  proceedings,  taking  of,  p.  89,  §  1715. 

Appraisement  of  homestead.,   notice  of  time  and  place  of  hearing,  time  to  serve, 
p.   157,  §  1248. 

Appraisement   of  homestead,    time   to    apply   for   on   execution   against,   p.    157, 
§  1245. 

Attachment  in  justices'  courts,  time  of  issuance  of,  p.  39,  §  866. 

Bequest,  payment  of,  p.  86,  §  1658. 

Bill  of   exceptions,    proceedings  in  relation   to.      See  Bills  of   Exceptions. 

Bill  of  exceptions,    time   to   prepare   and  serve,   p.   30,  §  650. 

Bill   of   exceptions,    time   to   prepare   and   serve   amendments,  p.  30,  §  650. 

Bill   of  exceptions,   time   to   present,  p.  29,  §  649;  p.  30,  §  650. 

Candidates,   certificates  of  nomination,  time  of  filing,  p.   360,  §  1192. 

Canvass   of   election   returns,   notice  of  place  of  making,  p.  379,  §  1280. 

Canvass  of  election   returns,   when   to  begin,  p.  379,  §  1280. 

Claims   against'   counties,   filing  of,  p.   588,  §  4076. 

Claims   against   counties,   presentment   and   filing   of,   p.    588,  §  4075, 

Claims   against   estate,   presentation   of,   p.   78,  §  1493. 

Claim  against   state,  for  allowance  or  rejection,  p.  327,  §  664. 

Claims   against  state,   hearing,   notice   of  time  and  place  of,   p.   328,  §  669. 

Claims  against  state,   time  to  present,  p.   328,  §  669. 

Condemnation  proceedings,   abandonment  of,   time  of,  p.   70.  §  r255a. 

Completion   of  building  by   owner,   filing  of  notice  of,   p.   53,  §  1187. 

Completion   of  building   or  cessation   of   labor  under  mechanics'    lien   law,    time 
to  file  notice  of,   p.   53,  §  1187. 

Criminal  appeal,   transcription  of   testimony,  proceedings  in  relation   to,   p.   249 
§  1247. 

Damages   in   condemnation   proceedings,    time   at  which  assessed,  p.  69,  5  1249. 

Damages   in   condemnation   proceedings,    time   of  payment  of,   p.   69,  §  1251. 

Delinquent  stock  sale,   extension  of  time  of,  p.   116,  §  345. 

Development  of  works  on  appropriation   of  water  for  power,   p.   163,  §  1416. 

Election  commissioner,  protest  against  appointment  for  want  of  political  affilia- 
tion, p.   340,  §  1075. 

Elections,   filing  certificates  of  nomination,  p.   360,  §  1192. 

Election  of  officers,  p.  571,  §  4021. 

Election  of  school  trustees,  p.  410,  §  1593,  subds.  first,  third  and  fifth. 

Election   of  United   Stales   senators,   p.   381,  §  1332. 

Election,   opening   and   closing  of,   p.   359,  §  1160. 

Election  under  referendum,   time  of  holding,   p.   587,  §  4008. 

Execution,   time  for  which  judge  may  stay, /^.   32,  §  681a. 

Final   distribution  of  estate,  p.   87,  §  1665. 

Findings,  time  of  service  of,  p.  28,  §  634. 

Homestead,   appraisement  of.  proceedings  for,  p.  157,  §§  1245,   1248. 

Inventory  by  guardian,  filing  of,  p.  92,  §  1773. 

Judgment  in  criminal  action,  pronouncing,  p.  244,  §  1191. 

Justices'   courts,  entry  of  judgment  in,  p.  40,  §  892. 

Justices'    court,    issuance  of  attachment  in,  p.  89,  §  866. 

Lien  of  judgment  in  justice's  court,  duration  of,  p.  40,  §  900, 

Mechanic's   lien,   action  to  enforce,  p.  54,  §  1190. 

Mechanic's  lien,    time   of   continuance   of,   p.   54,  §  1190. 

Mechanic's   lien,    time   of   filing  claim,  p.   53,  §  1187;   p.  54,  §  1191. 

Meetings,  proxy,  length  of  time  for  which  valid,  p.  115,  §  321b. 
163 


2594  INDEX. 

TIME   (Continued). 

Muster-roll,   time  of  making,  p.  456,  §  1902. 

Notice   of  trial  in  justices'  covirts,   service  of,  p.   38,  §  850. 

Notice   to   creditors,  filing  printed  copy  of,  p.   78,  §  1491a. 

Notice   to   insurance   company  of  accident  or  injury,   giving  of,  p.   179,  §  2633a. 

Oath  of  office,  time  to   take,  p.   338,  §  907. 

Ordinance,   time  of   taking  effect  of,   p.   558,  §  4058. 

Overcharges,    complaint   to  public  utility  commission  of,   filing   of,   p.   1784,   Act 

2886,  §  71b. 
Overcharges  by  public  utility,  time  to  bring  action  for,  p.  1784,  Act  2886,  §  71b. 
Partial  distribution  of  estate,  p.  86,  §  1658. 
Rates   fixed   by    public   utility    commission,    time    of    going    into    effect,    p.    1778, 

Act  2886,  §  63b. 
Records  of  supervisors,  publication  of,  p.  584,  §  4049. 
Registration  of  electors,  commencement  and  closing  of,  p.  344,  §  1094. 
Return  of  temporary  restraining  order  granted  without  notice,   p.   22,  §  527. 
Rules  of  court,  time  of  taking  effect,  p.   8,  §  130. 
Sample  ballots,  mailing  of,  p.  375,  §  1210. 
Settlement  ■with  state  treasurer  or  controller  by  county  treasurer,   extension  of 

time  for  where  school  moneys  misappropriated,  p.  1055,  Act  805. 
Tax  deeds,  time  to  issue,  p.  551,  §§  3785,  3785b. 
Tax  deed,  time  to  make,  p.  551,  §  3785. 
Tax   sale,  time  of,  p.  551,  §  3785. 

Testimony  before  grand  jury,   service  of  on  defendant,  p.  236,  §  925. 
United  States   senator,  declaration   of  vote  for,  p.  381,  §  1336. 

TITLE.      See  McEnerney  Act;   Title  Insurance  Corporations. 

Admissibility  of  abstracts   of  title  where   records  burnt  or  lost,   p.   95,  §  1855a. 
Deed  executed  under  court  process  as  evidence  <)f  transfer  of  title,  p.  98,  §  1928. 

TITLE  INSURANCE  CORPORATIONS. 

Action  on   policy,   limitation  of,   p.   13,  §  339. 

Capital  stock  required  of,  p.  309,  §  594,   subd.  16. 

Certificate  of  insurance  commissioner  necessary  before   issuing  policies,   p.   127, 

§  453y. 
Companies   heretofore   organized,   right   to   do   business   on   deposit   of   guarantee 

fund,   p.   127,  §  453y. 
Definition  of  policj'  of  title  insurance,  p.  125,  §  453v. 
Departmental   business  as   title   insurance   and   trust   company,   company   doing, 

provisions  of  law  governing,  p.  913,  Act  297,  §  107. 
Departmental   business    as    title    insurance    and    trust    company,    company    doing, 

subject   to    inspection   by    superintendent   of  banks,   p.   913,    Act   297,  §  107. 
Departmental   business,    title    insurance    company    doing,    compliance  with  provi- 
sions of  statute,  p.   912,  Act   297,  §  106. 
Dividends   to   be  made   from  profits  only,   p.    125,  §  453u. 
Guarantee  fund,   bonds   secured  by  mortgages   or  deeds  of  trust,   appraisement 

of  property,   p.   124,  §  453t. 
Guarantee  fund,  bonds  secured  by  mortgages  or  deeds  of  trust,  abstracts  of  title 

in  case  of,  p.  124,  §  453t. 
Guarantee  fund,  bonds   secured  by  mortgages  or  deeds  of  trust,   examination   of 

titles,  p.  124,  §  453t. 
Guarantee  fund,   exchange  of  securities  for  other  securities,  p.   124,  §  453t. 
Guarantee  fund,   interest  aid  dividends  on  securities,  p.  124,  §  4531. 


INDEX.  2595 

Title  insurance  CORPOEATIONS   (Continued). 

Guarantee    fund,    power   of    state    treasurer   to    transfer   and   dispose    of,   p.    124, 

§  453t. 
Guarantee  fund,  securities  in  which  may  be  invested  and  approval  of  insurance 

commissioner,  p.   124,  §  453t. 
Guarantee  fund,  to  be  deposited  with  state  treasurer,  p.  124,  §  453t. 
Inspection  or  supervision  of  by  superintendent  of  banks  not  authorized,  p.  915, 

Act   297,  §  124. 
Insurance   commissioner,  power  and  authority  over,  p.   123,  §  453s. 
Investments,    capital    and    accumulations    in    what    securities    may    be    invested, 

p.  126,  §  453x,  subd.  2. 
Loans  to  officers,  employees  or  members  of  family  of,   forbidden,  p.   127,  §  453z. 
Loans   to   officers,   employees  or  members  of   family  of,   penalty   for  violation   of 

provision   against,   p.   127,  §  453z. 
May  act  as  registrar  or  transfer  agents  of  bonds  or  stocks,  p.   125,  §  453w. 
May   guarantee    identity,    due    execution    and    validity    of    notes,    bonds    and    evi- 
dences of  indebtedness,  p.  125,  §  453w. 
Plant,  investment  of  portion  of  capital  stock  in,  p.  124,  §  453t. 
Plant  regarded  as  an  asset,  p.  124,  §  453t. 
Plant,  valuation  of,  p.   124,  §  453t. 
Subject    to    requirements    of    insurance     laws,    p.     123,  §  453s;    p.    126,  §  453x, 

subd.  2. 
Subject  to   rules    and    regulations    of    insurance    department,    p.    123,    §    453s; 

p.   126,  §  453x,  subd.  2. 
Surplus    fund,    amount,    maintenance,    impairment    and    restoration    of,    p.    125, 

§  453u. 
Surplus  fund,  setting  aside  of,  p.  125,  §  453u. 
Trust   business,    title    insurance    company    doing,    capital,    amount    required    and 

increase  of,   p.   912,   Act  297,  §  106. 
Trust  business,   title  insurance  company  doing,  requirements,   p.   912,   Act  297, 

§  106. 
Trust    company,    acting    as,    surplus    and    accumulations,    how    may    be    invested, 

p.    126,  §  453x,    subd.    3. 
Trust  company,   conditions  preliminary  to  acting  as,  p.   125,  §  453x. 
Trust   company,   may  act  as,  p.   126,  §  453x. 
Trust  company,   subject  to  banking  laws,  rules  and  regulations  when  acting  as, 

p.  126,  §  453x,  subd.  3. 
Trust  department  of,  inspection   and  examination   of,   p.  915,   Act  297,  §  124. 
What  deemed  to  be  title  insurance,  p.  307,  §  594,  subd.  4, 
What   included  in  title  insurance,  p.  307,  §  594. 

TOBACCO. 

Posting  act  forbidding  sale  to  persons  under  eighteen,   p.   198,  §  308. 
Secretary  of  state  to  furnish  copies  of  act  forbidding  sale  of  tobacco  to  minors, 

p.  198,  I  308. 
Selling  to  infants  under  eighteen,  punishment  of,  p.  198,  §  308. 

TOLL  BRIDGES.      See  Bridges. 

TOLL  ROADS.      See  Turnpikes. 

Licenses,  power  of  supervisors  to  grant,   p.  582,  }  4041,  subds.  35,  36. 

TOLLS. 

Wharves,    on.      See   Wharves. 


2596  INDEX. 

TOENADO  INSURANCE  COMPANIES. 

Capital  stuck  required  of,  p.   309,  §  594,   subd.  16, 

TORTS. 

By  married  women.      See   Married  Women. 

TOWNS.      See   Municipal   Corporations. 

TOWNSHIPS. 

Constables  in.      See   Constables. 

Justices  in.      See  Justices'  Courts. 

Officers,   additional   offices   created,   when   only   appointed,   p.    571,  §  4014. 

Officers,    additional,  petition  required  before  appointment  by  supervisors,  p.  571, 

§  4014. 
Officers  of,  enumerated,  p.  571,  §  4014. 
Population  of  determined  by  federal  census  of  1910,  p.  571,  §  4014, 

TRADE. 

Unfair.      See  Unfair  Competition. 

TRADEMARKS. 

Act  of  1891  for  protection  of  owners  of  bottles,  kegs,  etc.,  by  filing  of,  repeal 

of,  p.  2227,  Act  4121. 
Act  of  1911  for  protection  of  owners  of  bottles,  kegs,  etc.,  by  filing  of,  p.  2227, 

Act  4122. 
How  recorded,  p.  514,  §  3197. 
Misrepresenting    kind    of    labor    employed    in    producing    goods,    punishment    of, 

p.  201,  §  349a. 
Original  owner,  who  is,  p.  514,  §  3199. 
Protection   of   by  courts,  p. ^514,  §  3199. 
Protection   of   owners    of   bottles,    kegs,    etc.,    by    filing    of,   p.    2227,    Acts   4121, 

4122. 
Registration  of  farm,  ranch  or  villa  names,  p.  1597,  Act  2390a. 
Right  to  record,  p.  514,  §  3197. 
Transfer  of,  right  of,  p.  514,  §  3199. 

TRANSPORTATION.      See  Railroad  Commissioners. 

TREASURER,   COUNTY. 

Attorney  for  collection  of  inheritance  or  transfer  taxes  paid  out  of  commissions, 

p.   815,  §  4290. 
Auditor's  certificate  required  before  receiving  money,  p.  593,  §  4102. 
Collections  by  officers,  accounts  and  settlements  with  treasurer,  p.   593,  §  4101a. 
Collections   by   officers,   payments  into   treasury,   manner  of,  p.   593,  §  4101a. 
Commissions  on  inheritance  and  transfer  taxes,  p.  816,  §  4290. 
Consolidation   of   offices   of   treasurer   and  recorder,  p.   571,  §  4017. 
Consolidation   of   offices   of   treasurer   and   tax   collector,  p.  571,  §  4017. 
County  officer,   is,   p.   570,  §  4013. 
Debtors  of  county,  payments  by  into  treasury  and  discharge  of  debtors,  p.  591, 

I  4093. 
Duties  of  enumerated,  p.   592,  §  4101. 

Expenses   in    making   state    settlements,    allowance    for,    p.    815,  §  4290. 
Inheritance    and    transfer   taxes,    attorney    to    collect    to    be   paid    out    of    fees   of 

treasurer,  p.  815,  §  4290. 


INDEX.  2597 

TEEASUREE,  COUNTY  (Continued). 

Inheritance  and  tiansfei"  taxes  collected,   commissions  on,  p.  815,  §  4290. 
Mileage  and  expenses  in  making  settlements  with  state,  p.  815,  §  4290. 
Moneys  due  state  for  commitments  to  home  for  feeble-minded,  duty  as  to,  p.  482, 

§  2193. 
Moneys  payable  into  county  treasury  include  what  moneys,  p.  591,  §  4093. 
Monthly  count  of  money  in  treasury,  p.  592,  §  4097. 
Particular  county,  of.      See  particular  title. 
Statements  as  to  moneys  in  treasury,  p.   592,  §  4097. 
Time    for    settlement   with    state    controller   or    state    treasurer,    extended    where 

school  moneys  misappropriated,  p.   1055,  Act  805. 

TEEASXJEEE,  STATE. 

Board  of  control,  monthly  count  of  money  in  treasury,  p.  329,  §  675. 

Board  of  control  to  notify  treasurer  not  to  pay  warrant  drawn  by  controller 
without  authority,  p.  329,  §  673. 

Bonds  bought  with  proceeds  of  school  lands  deposited  with,  p.  329,  §  676. 

Bonds   of   treasurer  and  officers,   amount  of,  p.  301,  §  459a. 

Bonds   of   treasurer  and  of  officers,  state  pays  premium,  p.  301,  §  459a. 

Bonds   to   be  sold  by  board  of  control,  may  purchase,  p.  330,  §  679. 

Deposit  of  state  moneys  in  banks,  p.  2231,  Act   4134. 

Deposits  with   by   trust    companies,  p.    908,    Act    297,  §  96. 

Deputies   and   assistants   are  civil  executive  officers,  p.  301,  §  456. 

Deputies   and   assistants   enumerated,  p.  301,  §  456. 

Deputies  and  assistants,  salaries  of,  amount  of  and  when  and  how  paid,  p.  301, 
§  456. 

Donations,   authorized  to  receive,  p.  300,  §  453a. 

Donations,    to  what  fund  credited,  p.   300,  §  453a. 

Duties  of,  enumerated,  p.  299,  §  452. 

High  school  fund,  transfer  of,  p.  449,  §  1760. 

Investment  companies,  deposit  with  by  and  withdrawal  and  substitution  of, 
p.  320,  §  635b;   p.  321,  §  635e;  p.  322.  §  635f;  p.  322,  §  635g;   p.  324,  §  635k. 

Investment  company,  noncompliance  with  statute  by,  treasurer  to  notify  attor- 
ney general,  p.   321,  §  635d. 

Money  drawn  on  pay-roll  claims  and  returned,  subsequent  withdrawal  of,  ji.  iiOii, 
453a. 

Money  of  decedents  in  state  treasury,  investment  of  in  bonds  and  dcjjosit  with 
treasurer,  p.   330,  §  677. 

Notice  to  by  public  authorities  of  bonds  for  sale,  p.  330,  §  678. 

School  fund,   to   transfer  from  general   fund,   p.   301,  §  461. 

Time  for  settlement  with  by  county  treasurer  extended  where  school  moneys 
misappropriated,  p.  1055,  Act  805. 

Transfer  of  funds  in  state  treasury  to  pay  interest  and  principal^of  state  bonds, 
p.   1180,   Act   1270. 

Transfer  of  funds  in  state  treasury  to  ijay  interest  on  diverled  funds  of  Uni- 
versity of  California,  p.   1180,   Act   1276. 

Trust  funds,  payment  into  treasury  and  disposilion   of,  p.   300,  §  453a. 

TEEES.      See  Growing  Trees. 

Shade  trees,  planting  along  streets  and  asse.sNing  costs  against  owners,  p.  1981, 
Act  3924. 

TEEE  SQUIERELS.      See  Game  Laws. 


2598  Index. 

TRIALS. 

Criminal.      See  Criminal  Practice. 

Notice  of  trial  in  justice's  court.      See  Justices'  Courts, 

Postponement  of.      See  Continuance. 

TRINITY  COUNTY. 

Assessor,  fees  and  commissions  to  be  paid  into  county  treasury,  p.  811,  §  4284, 

subd.  5. 
Assessor,  salary  of,  p.  811,  |  4284,  subd.  7. 
Auditor,  salary  of,  p.  810,  §  4284,   subd.  4. 
Classification  of,   p.   570,  §  4006. 
Constables,  fees  of,  p.  811,  §  4284,  subd.  14. 
Coroner,  fees  of,  p.  811,  §  4284,  subd.  9. 
County  clerk,   salary  of,   p.  810,  §  4284,   subd.   1. 
District  attorney,   salary  of,  p.   811,  §  4284,   subd.   8. 

Fish  and  game  warden,  salary  and  expenses  and  how  paid,  p.  594,  §  4149d. 
Highway  connecting  Trinity,   Tehama  and   Shasta  counties  with  road   system  of 

Humboldf  county,  p.  1233,  Act   1457i. 
Jurors,   grand,   fees   and  mileage   of  and  how   allowed   and  paid,   p.   811,  §  4284, 

subd.  16. 
Jurors,   trial,   fees  and   mileage   of   and  how   allowed   and   paid,    p.   811,  §  4284, 

subd.  16. 
Justices,   fees  of,   p.    811,  §  4284,   subd.   13. 
Population  of,   p.   566,  §  4005c. 

Public  administrator,  fees  of,  p.  811,  §  4284,   subd.   10. 
Recorder,  salary  of,  p.  810,  §  4284,  subd.  3. 
Registrar    of   voters,    salary,    fees,    allowances,    deputies    and    assistants,    p.    601, 

§  4149e. 
Sheriff,  salary  of,  p.  810,  §  4284,  subd.  2. 

Superintendent  of  schools,  salary  of,  p.  811,  §  4284,   subd.   11. 
Supervisors,   compensation  and  expenses  as  road  commissioners,  p.   811,  §  4284, 

subd.  15. 
Supervisors,   salary  and  mileage,   p.   811,  §  4284,   subd.   15. 
Surveyor,   fees  of,  p.  811,  §  4284,  subd.  12. 
Tax  collector,  salary  of,  p.  811,  §  4284,  subd.  6. 

Treasurer,  fees   to   be   paid  into   treasury,   p.   810,  §  4284,    subd.   5. 
Treasurer,    salary  of,  p.   810,  §  4284,  subd.  5. 

TROUT.      See  Game  Laws. 

TRUST  COMPANIES.      See  Banks  and  Banking. 

Acts  and  proceedings  not  affected  by  failure  of  company  to  comply  with  statute, 

p.  910,  Act  297,  §  97. 
Affidavits*  what  officers  may  make,  p.  906,   Act  297,  §  90. 
Bond  or  security  not  required  of,  p.   907,   Act  297,  §  94. 
Capital    stock    required   in    cities    of    less    than    one    hundred    thousand,    p.    Ill, 

§  290a. 
Capital    stock   required    in    cities   of   more    than    one    hundred    thousand,    p.    Ill, 

§  290a. 
Commercial   business,    capital   required   where    trust    company   does,    p.    912,    Act 

297,  §  106. 
Corporations    doing    banking    arid    trust    business    combined.      See    Banking    and 

Trust    Corporations. 


INDEX.  2599 

TEUST  COMPANIES   (Oontinued) . 

Definition   of,   p.   862,   Act   297,  §  6. 

Departmental   business    as    title    insurance    and    trust   company,    company    doing, 

provisions  of  law  applicable,  p.   913,   Act  297,  §  107. 
Departmental    business    as    title    insurance    and    trust    company,    company    doing 

subject  to  inspection  by  superintendent  of  banks,  p.  913,  Act  297,  §  107. 
Departmental    business,    trust    company    doing,    compliance    with    provisions    of 

statute,   p.  912,  Act  297,  §  106. 
Deposit  of  trust  funds  with,  under  order  of  court  and  discharge  from   liability, 

p.  906,  Act  297,  §  91. 
Deposit  of  funds  with,  by  public   administrator  under  order  of  court  and  with- 
drawal of,   p.  907,   Act  297,  §  92. 
Deposit   with    state    treasurer   of   mortgages    or    deeds   of    trust,    of    abstracts    of 

title  or  insurance  policies  to  accompany,  p.  910,  Act  297,  §  99. 
Deposit  with  state  treasurer  of  mortgages  or  deeds  of  trusts,  fees  for  examining 

title,  p.  910,  Act  297,  §  99. 
Deposits  with  state  treasurer  to  secure  performance  of  trusts,  p.   908,   Act  297, 

§  96. 
Deposit  with   state   treasurer   to   secure  performance   of   trusts,    additional   where 

trusts  loaned  five  hundred  thousand  dollars,  p.  909,  Act  297,  §  98. 
Deposit   with    state    treasury   to    secure    performance   of   trusts,    withdrawal   per- 
mitted when,  p.   909,  Act  297,  §  98. 
Discontinuance  of  business,   proceedings,  p.   912,  Act  297,  §  103. 
Foreign   conditions  on  doing  business,  p.   862,  Act  297,  §  7. 
Foreign   corporations,  power  to  act  as   trustees,   p.   906,   Act  297,  §  90. 
Funds  may  be  invested  in  bonds  of  reclamation  district,  p.  534,  §  3480. 
Guardian,    appointment   of  trust   company   as   applies   only   to   estate   and   not   to 

person,  p.  906,  Act  297,  §  90. 
Interest   on  deposits  with,   p.   907,   Act   297,  §  95. 

Investment   of   capital  and  surplus,  how  made,  p.  912,  Act  297,  §  105. 
Investment   of   funds  of  in  bonds  of  irrigation  districts,  p.   1344,  Act  1732b. 
Investments,   liability  for,  p.  907,   Act  297,  §  94. 
Mortgage    of    building    with    state    treasurer    to    secure    performance    of    trusts, 

p.   909,   Act   297,  §  97. 
Oaths,  how  made,  p.  906,  Act  297,  §  90. 
Officers   or  employees   of,   liability  of  on  failure   of  trust   companies   to   perform, 

p.   906,   Act   297,  §  90. 
Ordering  deposit  of  funds  with  trust  company  by  court  and  reduction  of  bonds, 

p.   907,   Act  297,  §  93. 
Paid-up  capital  required,  provision  as  to  repealed,  p.  911,  Act  297,  §  100. 
Powers  of,  p.  905,  Act  297,  §  90. 

Report  by  to  superintendent   of  banks,  what  to  show,  p.   911,   Act  297,  §  101. 
Secrecy  of  communications  concerning  private  trusts,  p.  912,  Act  297,  §  103. 
Setting  aside  of  capital  as  security  for  performance  of  trusts,   p.  906,   Act  297, 

§  90. 
Title  insurance  company  doing  trust  business.      See  Title  Insurance  Oonipnnies. 
Trust    business,    private,    not    sub.iect    to    inspection    or    supervision    by    giiporin 

tendent  of  banks,  p.  915,  Act  297.  §  124. 
Trust  departments  of  title  insurance   companies,   inspection   and   examination   of, 

p.  915,  Act  297,  §  124. 
"Trust,"  effect  of  use  of  word,  provision  as  to  repealed,   p.  912,   Act  207,  §  104. 
Trusts   classified  as  private  trusts  and  court  truRls,  p.  911,   Act  297,  §  101. 


2600  INDEX. 

TRUST  COMPANIES  (Continued). 

Trusts,    court,    defined,   p.  911,  Act  297,  §  101. 

Trusts,  court,  subject  to  inspection  by  superintendent  of  banks,  p.  911,  Act  297, 

§  101. 
Trusts,   private,    defined,  p.   911,   Act  297,  §  101. 
Trusts,    private,   not   subject   to   inspection   by   superintendent   of  banks,   p.   911, 

Acf  297,  §  101. 
What  corporations  may  act  as,  p.  904,  Act  297,  §  90. 

TRUSTEES.      See  Trusts. 

Reclamation  district,  of.      See  Reclamation  Districts. 

Trustees,   vacancies,   superior  court  to  fill  when,  p.   176,  §  2287. 

TRUSTS.      See  Banking  and  Trust  Corporations;   Trust   Companies. 

Appeal  by  trustee  from  justice's  judgmeat,  dispensing  with   bond,   p.   42,  §  946. 

Combinations  by  appropriators  of  waters  for  generation  of  electricity,  preven- 
tion  of,  p.   2329,  Act  4350. 

Deposits  in  banks  in  trust,  p.  871,   Act  297,  §  16. 

Exprebs,   for  what  purposes  may  be  created,  p.   151,  §  857. 

Investment  of   trust  funds,   what  legal.      See   Mortgage   Insurance   Corporations. 

Proxies,  trustee  may  give,  p.   115,  §  321b. 

Shares  of  stock  in   name   of  trustee,  how  represented,   p.   114,  §  313. 

Trustees,  beneficiaries  may  nominate,  when,  p.  176,  §  2287. 

"Trust,"  prohibition  as  to  use  of  word,  provision  repealed,  p.  912,  Act  297, 
§  104. 

Unfair  competition.      See  Unfair  Competition. 

Vacancy  in  trusteeship,  beneficiary  over  fourteen  may  appoint  trustee,  p.  176, 
§  2287. 

Vacancy  in   trusteeship,   superior  court  may   appoint   trustee,   p.   176,  §  2287. 

TUBERCULOSIS.      See  Animals;  Public  Healtli. 

TUBES. 

Under  navigable  streams  and  bodies  of  water,  p.  2127,   Act  3937d. 

TULARE  COUNTY. 

Assessor,     deputies    and    assistants,     appointment,     duties    and    salary,    p.     675, 

§  4241,   subd.   7. 
Assessor,   salary  of,   p.    675,  §  4241,    subd.    7. 

Auditor,   deputy,  appointment  and  salary,  p.   675,  §  4241,   subd.  4. 
Auditor,    salary  of,  p.   675,  §  4241,  subd.  4. 
Classification  of,   p.  567,  §  4006. 
Constables,  monthly  verified  statements,  duty  to  file  and  what  to  contain,  p.  678, 

§  4241,  subd.  15. 
Constables,   salaries,  fees,  mileage   and  expenses  of,   p.   677,  §  4241,   subd.   14. 
Constables,   supervisors  determine  population  of  townships  for  purpose  of  fixing 

salaries,  p.  678,  §  4241,  subd.  16. 
Coroner,   fees   of,   p.   676,  §  4241,    subd.   9. 
County  clerk,  deputy,  salary  of,  p.  675,  §  4241,   subd.  1. 
County,  salary,  fees  and  alloj^'ances,  p.  675,  §  4241,   subd.  1. 
District   attorney,    salary  of,   p.   676,  §  4241,   subd.   8. 

District   attorney,    stenographer,  appointment  and  salary,  p.  676,  §  4241,  subd.  8. 
Fish  and  game  warden,   salary  and  expenses  and  how  paid,  p.  594,  §  4l'49d. 


INDEX.  2601 

TULARE  COUNTY  (Continued). 

Increase   of  number  of  superior  judges  in,   p.  2232,   Act  4182. 

Justices,  montlily  verified  statements,   duty   to  file  and   what  to  contain,  p.   678, 

§  4241,  subd.  15. 
Justices,    salaries  and  fees  of,  p.   677,  §  4241,   subd.   13. 
Justices,    supervisors    determine   population    of    townships    for   purjjose    of    fixing 

salaries,  p.  678,  §  4241,  subd.  16. 
Population  of,  p.  565,  §  4005c. 
Population    of    county    for   fixing   of   salaries,    supervisors    to    determine,    p.    678, 

§  4241,  subd.  16. 
Probation   officer,   salary  of,   p.   678,  §  4241,    subd.   18. 
Public  administrators,  fees  of,  p.  676,  §  4241,   subd.   10. 
Recorder,   deputy,  salary  of,  p.  675,  §  4241,  subd.  3. 

Recorder,    fees  to  be  paid  into  county  treasury,  p.  675,  §  4241,  subd.  3. 
Recorder,    salary,   p.   675,  §  4241,   subd.  3. 
Registrar   of   voters,    salary,    fees,    allowances,    deputies   and   assistants,    pp.   596, 

601,  §  4149e. 
Sheriff,    fees  not  allowed  to,  p.  678,  §  4241,  subd.  18. 
Sheriff,    salary   and  mileage,   p.    675,  §  4241,   subd.   2. 
Superintendent    of   schools,    deputy,    appointment   and   salary   of,   p.    67G,  §  4241, 

subd.  11. 
Superintendent  of  schools,   salary  and  expenses  of,  p.   676,  §  4241,   subd.   11. 
Superior  judges,   increase  of  number  of  judges  in,  p.   2232,   Act  4182. 
Supervisors   determine   population    of    townships   for   purpose    of    fixing   salaries, 

p.  678,  §  4241,  subd.   16. 
Supervisors,  salaries  and  expenses,  p.   678,  §  4241,   subd.   17. 
Surveyor,   compensation  and  expenses   of,   p.  676,  §  4241,   subd.   12. 
Surveyor,    deputies,    and    assistants,    appointment    and    salaries,    p.    676,  §  4241, 

subd.  12. 
Surveyor,    duty  to   give   entire  time   to   office,  p.   676,  §  4241,   subd.   12. 
Surveyor,   fees   earned   in   private   practice,   disposition  of,   p.   676,  §  4241,    suba. 

12. 
Tax   collector,   deputy   and   clerks,   salaries  of,   p.   675,  §  4241,   subd.   6. 
Tax   collector,   no   fees  for  collecting  licenses,   p.   678,  §  4241,   subd.   18. 
Tax   collector,    salary  of,   p.   675,  §  4241,   subd.   6. 
Treasurer,  salary  of,  p.  675,  §  4241,  subd.   5. 

TUNNELS. 

Supervisors  authorized  to  pay  part  of  construction  out  of  general  fund,   when, 

p.   506,  §  2712. 
Under  navigable   streams   and  bodies  of  water,   p.   2127,   Act   3937d. 

TUOLUMNE  COUNTY. 

Assessor,   deputy,  appointment,  term  of  office  and  oalary,  p.  777,  §  4208,  subd.  7. 

Assessor,    salary  of,  p.   777,  §  4268,   subd.   7. 

Auditor,  salary  of,  p.  777,  5  4268,  subd.  4. 

Classification   of,   p.    569,  §  4006. 

Constables,    classification    of    townships    for    purpose    of    fixing    saluries,    p.    777, 

§  4268,   subd.   14. 
Constables,  salaries,  expenses  and  fees  of,  p.  778,  §  4263,  subd.  16. 
Coroner,   salary  of,  p.   777,  §  4268,   subd.   9. 

County  clerk,   salary   and   allowances,   p.   776,  §  4208,    subd.    1. 
District  attorney,  salary  of,  p.  777,  §  4268,  subd.  8. 


2602  INDEX. 

TUOLUMNE  COUNTY  (Continued). 

Fish  and  game  warden,  salary  and  expenses  and  how  paid,  p.  594,  §  4149d. 

Jurors,   grand,  fees  and  mileage  of,  p.   778,  §  4268,   subd.   18. 

Jurors,    trial,   fees  and  mileage  of,   p.   778,  §  4268.   subd.   18. 

Justices,  classification  of  townships  for  purpose  of  fixing  salaries,  p.  777,  §  4268, 

subd.  14. 
Justices,   salaries  of,  p.  778,  §  4268,  subd.  15. 
Official  reporter,  fees  of.  p.  778,  §  4268,  subd.  17. 
Population  of,   p.   566,  §  4005c. 

Public  administrator,  fees  of,  p.   777,  §  4268,   subd.   10. 
Recorder,  fees,  what  portion  to  pay  into  treasury  and  what  may  keep,  p.   777, 

5  4268,   subd.   3. 
Recorder,  salary  of,  p.  777,  §  4268,  subd.   3. 
Registrar  of   voters,    salary,   fees,   allowances,    deputies   and   assistants,    pp.    599, 

601,  §  4149e. 
Sheriff,  salary,  fees,  mileage,  commissions  and  expenses,  p.  776,  §  4268,  subd.  2. 
Superintendent  of  schools,    salary  and  expenses  of,   p.    777,  §  4268,   subd.   11. 
Supervisors,  salary  and  mileage  of,  p.   777,  §  4268,  subd.  13. 
Surveyor,   fees  of,  p.   777,  §  4268,   subd.   12. 

Surveyor,    to  be  given  county  work,  p.  777,  §  4268,  subd.  12.  * 

Tax    collector,     salary    and    percentage    on     licenses    collected,    p.     777,  §  4268, 

subd.  6. 
Treasurer,    salary  of,   p.   777,  §  4268,   subd.   5. 
Witnesses,   disallowance  of  fees  where  unnecessarily  summoned,   p.   778,  §  4268, 

subd.  19. 
Witnesses,   fees  and  mileage  of,   p.   778,  §  4268,   subd.   19. 

TURKEYS.      See  Game  Laws. 

TURLOCK  IRRIGATION  DISTRICT. 

Organization   of   validated,   p.    1817,    Act    1713. 

TURNPIKES. 

Authority  to   construct    turnpike   road  in   Lake    county  granted   to  John   Lawley, 
p.  2233,   Act   4203. 

u 

UNCLAIMED  PROPERTY. 

Proceedings  in  case  of,  code  provisions  governing,  p.  513,  §  3158. 

UNFAIR  COMPETITION. 

Act   of   1913  relating  to,   p.  2233,   Act  4207a. 
Attorney  general,  duty  of  in  case  of,  p.  2233,  Act  4207a. 
Punishment  of  and  damages  for,  p.  2233,  Act  4207a. 
What   constitutes,   p.   2233,  Act  4207a. 

UNINCORPORATED   ASSOCIATIONS.      See   Benefit    Societies;    Building   and   Loan 

Associations. 
Authorized   to   purchase    and  manage   real   estate,   p.   2235     Act   4208. 
Authorized   to  receive,   manage,   purchase   and   sell   really    without   incorporating, 

p.  2235,   Act  4208. 


INDEX.  2603 

UNITED  STATES. 

Adjustment  and  settlement  of  controversy  between  United  States  and  state  over 

certain  lands,  p.  2237,  Act  4218. 
Cession  of  land  by  state  to   United   States  for  use   of   Soboda   Indians,   p.   2236, 

Act  4216. 
Condemnation   of  property  of.      See   Eminent   Domain. 

Conveyance  to  by  state  of  lands  erroneously  patented  to  state,  p.  2237,  Act  4217. 
Grants  of  tide  lands  to  by  cities,  p.   1579,  Act  2389h. 

XJNITED   STATES   SENATOR. 

Act  of  1909  providing  for  expressing  choice  for  at  primary  elections  repealed, 

p.  1122,   Act   1013. 
Act   of    1911    providing    for    expressing    choice    of    senators    at   primary    election 

repealed,  p.  1083,  Act  1009. 
Election  of.      See  United   States  Senators. 
Expressing  choice  for  United  States  senator  at  primary  election,  p.   1084,  Act 

1010. 
Notifying  legislature  of  results  where  names  of  candidates  on  ballots  and  duty 

of  officers,   p.   2240,   Act  4231. 
Placing   names   of   candidates   for   on   ballots   and   making   returns,   p.   2240,    Act 

4231. 
Printing  names  of   candidates  for  on  ballots,   p.   362,  §  1196. 
Repeal   of   act    providing   for   placing   names   of   candidates   on   ballots,   p.    2240, 

Act  4231. 

tJNIVEESITY  FARM.      See   University  of   California. 

UNIVERSITY  OF  CALIFORNIA. 

Admission   of  graduates   to   practice  law  without   examination,   p.    10,  §  280b. 
Agricultural    experiment    station    at   Riverside,    appropriation    for,    p.    2256,    Act 

4263g. 
Agricultural   experiment  station   in   Imperial  county,   appropriation   for,   p./0255, 

Act  4263f. 
Agricultural    experiment    station    at   Riverside,    establishment   of,   p.    2256,    Act 

4263g. 
Agricultural   experiment   station   in    Imperial   county,   establishment  of,   p.   2255, 

Act  4263f. 
Appropriation   for  purchase  of  land  and  water  rights  in   southern  California  and 

for  planting  land,  p.  2254,  Act  4263d. 
Appropriation    for    residence,    barns    and    buildings    in    southern    California    for 

department  of  agriculture,  p.  2255,  Act  4263e. 
Cereal  crops,  investigation  and  experiments  for  improvement  of  by  agricultural 

department,   p.   842,   Act   76. 
College  of  medicine   of  Los   Angeles  department,   appropriation   for  construction, 

apparatus,   etc.,  p.  2251,  Act  425(Jb. 
Davis,  university  farm  at,  construction  and  equipment  of  dormitory  at,  p.  2252, 

Act  4261a. 
Davis,    university    farm    at,    construction    of    class  room    and     library    building, 

p.  2253,   Act   4261b. 
Davis,    university   farm   at,    selling   or   giving    nway    li(|niir   near,    punisliincnt    of, 

p.   193. 
Farmers'   institutes,    appropriation    for,    p.   2250,   Act   4252a. 
Farmers'    institutes,    regents  authorized  to  hold,  p.  2250,  Act  4252a, 


2604  INDEX. 

UNIVERSITY  OF  CALIFORNIA    (Continued). 

Fund  for  support  of,  creation  of,  p.  2183,  Act  4066. 

Funds,  transfer  of  funds  in  state  treasury  to  paj-  interest  on  diverted  funds  of, 
p.  1180,  Act  1276.  / 

Hog  cholera,  regents  to  prepare  and  distribute  serums  for  prevention  of,  p.  851, 
Act   195. 

Income  of,  appropriation   to  restore,  p.   2253,   Act   4263a. 

Insecticides  and  fungicides,  examination  of  by,  p.  828,  Act  48,  §  3. 

Instruction  of  blind  pupils  in,  p.  1924,  Act  3574b. 

Intoxicating  liquors,  selling  or  giving  away  of  within  certain  distance  of,  pun- 
ishment of,  p.  193,  §  172. 

Investigation  of  nature  and  means  of  control  of  diseases  of  cultivated  plants, 
p.  842,  Act  77. 

Laboratory  for  investigation  of  nature  and  control  of  diseases  in  plants,  main- 
tenance of,  p.  842,  Act  77. 

Laboratory  for  use  of  department  of  agriculture,  construction  and  equipment  of 
in   one  of  southern   counties,  p.   2253,   Act   4263b. 

Lick  Observatory,  appropriation  to  replace  property  destroyed  by  earthquake 
at,  p.  2254,  Act  4263c. 

Military  duty,  failure  of  head  of  to  report  pupils  subject  to  a  misdemeanor, 
p.  456,  §  1898. 

Military-roll,    compensation   for  making,    p.    456,  §  1901. 

Report  of  pupils  subject  to  military  duty,  p.  455,  §  1897. 

State  hygienic  laboratory  at.      See  State  Board  of  Health. 

Support  and  maintenance  of,  act  of  1901  providing  for  repealed,  p.  2249,  Act 
4245. 

Support   and  maintenance  of,  act  of  1913  providing  for,  p.  2249,  Act  4245a. 

Support   and   maintenance   of,   provision   for,  p.  2183,  Act  4066. 

Tax  for  permanent  support  and  improvement  of,  act  providing  for  repealed, 
p.  2249,   Act  4244. 

Tax  for  support  of,  repeal  of  act  providing  for,  p.  2183,  Act  4066. 

Temporary  certificates,   issuance  of  to  graduates  of,  p.   398,  §  1543,   subd.   7. 

Viticulture,  experiment  and  research  work  in  and  publication  of  results,  p.  2262, 
Act   4308. 

UNIVERSITY  OF  SANTA  CLARA. 

Admission  of  graduates  to  practice  law  without  examination,  p.   10,  §  280b. 

UNIVERSITY   OF   SOUTHERN   CALIFORNIA. 

Admission  of  graduates  to  practice  law  without  examination,  p.  10,  §  280b. 

USURY.      See  Interest. 
UTILITIES.      See  Public  Utilities. 

V 

VACCINATION. 

Provision  for  vaccination  of  all  school  children,  p.  1716,  Act  2840a. 
Repeal  of  act  of  1889  relating  to,  pp.   1715,   1716,  Acts  2840,  2840a, 

VAGRANCY. 

Punishment   of,   p.    230,  §  647. 
Who  are  vagrants,  p.  230,  §  647. 


INDEX.  2G05 

VALLEJO. 

Waterfront,   conveyance  of  to,  p.  2256,  Act  4269. 

VEHICLE   INSURANCE   COMPANIES. 

Capital   stock   required   of,   p.   309,  §  594,    subd.    16. 

What  included  in  vehicle  insurance,  p.  308,  §  594,  subd.  13. 

VENDOR  AND  VENDEE. 

Death   of   vendor  before   conveyance,    completion    of   sale    by    guardian   of   minor, 

p.    93,  §  1810a. 
llaps  of  subdivisions.      See  Maps. 

VENTURA  COUNTY. 

Assessor,   commissions  to  be  paid  into  county  treasury,  p.  751,  §  4259,  subd.  6. 

Assessor,    deputies,   number,  and  salaries,  p.   751,  §  4259,   subd.   6. 

Assessor,    salary   of,   p.   751,  §  4259,   subd.   G. 

Auditor,    salary   of,    p.   751,  §  4259,    subd.    4. 

Board  of  education,   compensation   and  mileage  of  members  of,    p.   752,  §  4259, 

subd.   13. 
Classification   of,   p.   568,  §  4006. 
Constables,    classifications   of    townships    for   purpose    of    regulating    salaries    of, 

p.   753,  §  4259,   subd.   15. 
Constables,   population,   how   ascertained   for  purpose  of   fixing   salaries,    p.   753, 

§  4259,   subd.   16. 
Constables,    salaries,  fees  and  expenses  of,  p.   753,  §  4259,   subd.   15. 
Coroner,  fees  of,  p.  752,  §  4259,  subd.  9. 

County   clerk,   deputies,  appointment   and  salaries,  p.   750,  §  4259,   subd.  1. 
County   clerk,    salary   and   allowances,    p.    750,  §  4259,    subd.    1. 
District   attorney,  deputy,   appointment   and  salary,  p.   751,  §  4259,   subd.   8. 
District   attorney,    salary   of,   p.    751,  §  4259,    subd.    8. 

Fish  and  game  warden,   salary  and  expenses  of  and  how  paid,  p.   594,  §  4149d. 
Jurors,    grand,    fees   and   mileage,    p.    754,  §  4259,    subd.    19. 
Justices,   classification  of  townships  for  purpose  of  fi.xing  salary,  p.   753,  §  4259, 

subd.    14. 
Justices,   monthly  report  of  fines,   filing  of,  p.   753,  |  4259,   subd.  14. 
Justices   not  to  hold  office  of  recorder,   p.   753,  §  4259,   subd.   14. 
Justices,  offices  and  supplies  for,  p.  753,  §  4259,  subd.  14. 
Justices,  population,  how  ascertained  for  purpose  of  fi.xing  salary,  p.  753,  §  4259, 

subd.   16. 
Justices,   salaries,  p.   753,  §  4259,   subd.   14. 
Population  of,  p.   566,  §  4005c. 

Public   administrator,   fees   of,   p.    752,  §  4259,   subd.    10. 
Recorder,   copyist,   appointment  and  salary,   p.   751,  §  4259,   subd.   3, 
Recorder,   salary  of,   p.   751,  §  4259,   subd.   3. 
Registrar  of   voters,    salary,    fees,    allowances,   deputies   and   assistants,    pp.    598, 

601,  §  4149e. 
Salaries   payable   monthly,   p.    754,  §  4259,    subd.    18. 
Sheriff,   deputies    and    assistants,    appointment,    salaries,    mileage    and    expenses, 

p.   750,  §  4259,    subd.   2. 
Sheriff,   fees  to  be  paid  into   county,  p.   750,  §  4259,   subd.   2. 
Sheriff,    salary,   mileage  and   expenses  of,  p.   750,  §  4259,   subd.   2. 
Special  counsel,  power  of  supervisors  to  employ,  p.  751,  §  4259,  subd.  8.    ,' 


2606  INDEX. 

VENTURA  COUNTY  (CoiUiiiued). 

Superintendent   of   scliools,     deputy,     appoininient    and     salary,    p.     752,  §  4259, 

subd.  11. 
Superintendent   of   schools,   office   hours,   p.    752,  §  425P,    subd.    11. 
Superintendent   of   schools,    salary,    allowances   and   expenses   of,   p.    752,  §  4259, 

subd.   11.' 
Supervisors,   salary,    expenses   and  mileage,   p.   753,  §  4259,    subd.   17, 
Surveyor,  additional   help  for,   p.   752,  §  4259,   subd.    12. 
Surveyor,   salary  and  e.xpenses  of,  p.   752,  §  4259,   subd.    12. 
Surveyor   to   devote  entire  time  to  office,  p.  752,  §  4259,  subd.  12. 
Tax   collector,   deputy,   appointment   and  salary,  p.   751,  §  4259,   subd.   5. 
Tax   collector,   salary  of,   p.   751,  §  4259,   subd.   5. 

Treasurer,  commissions  to  be  paid  into  county  treasury,  p.  751,  §  4259,  subd.  7. 
Treasurer,    salary  of,   p.   751,  §  4259,   subd.   7. 

VENUE. 

Actions  by  public  utility  commission,  of,  p.   1786,  Act  2886,  §  75. 

Change  of,   code  provisions  applying  in  suits  in  condemnation,   p.   66,  §  1243. 

Dismissal  for  nonpayment  of  fees  after  trial.      See  Place  of  Trial. 

Place  of  trial  of  civil  actions,   p.   16,  §  395. 

Proceedings   in   eminent  domain,   p.   66,  §  1243. 

Public  utility  commission,   action   by  for  penalties,   of,   p.   1788,   Act  2886,  §  80. 

Where  person  improperly  joined  as  a  defendant,   p.   16,  §  395. 

VERIFICATION. 

Claim  of  mechanic's  lien,   of,  p.   53,  §  1187. 

Claims  against  counties,   verification  of,  p.   588,  §  4075. 

Claims  for  aid  by  orphan  asylum,   p.  485,  §  2287. 

Cross-complaint  in  divorce,    of,   p.    106,  §  128. 

Notice  of  completion  of  building  under  mechanic's  lien  law,  of,  p.  53,  §  1187. 

Petition  for  appraisement   of  homestead  must  be  verified,   p.    157,  §  1246. 

Petition  for  formation  of  reclamation   district,   of,  p.   519,  §  3447. 

VESSELS.      See   Shipping. 

VETERANS.      See    Grand   Army   of   the   Republic;    Soldiers   and    Sailors;    Veterans' 
Home. 
Celebration   of   fiftieth   anniversary  of  battle  of  Gettysburg,   p.   1200,   Act   1353. 

VETERANS'  HOME. 

Disposition   of  moneys  received,   p.  2259,  Act  4283. 

Intoxicating    liquor,    selling    or    giving    away    of    near,    punishment    of,    p.    193, 
§  172. 

VETERINARY  StTRGEON. 

Fees  collected,   disposition  of,  p.   2261,   Act  4294. 

Inspectors,   appropriation  for  salaries  of  inspectors,  p.  2261,  Act  4295. 

Inspectors,   authority  to  employ,  p.  2261,  Act  4295. 

Inspectors,   for  what  purpose  may  be  appointed,  p.  2261,  Act  4295. 

Inspectors,    salary   and   expenses   of,   p.   2261,    Act   4295. 

Lien  of  veterinary  proprietors  or  surgeons  for  services,   p.  183,  §  3051, 

VITICULTURE. 

Division   of   state   into  viticultural  districts,  p.   2263,   Act  4309. 


INDEX.  2607 

VITICULTURE    (Continued). 

Experiment  and  research  work  in  and  publication  of  results,  p.  2262,  Act  4308. 
Experiment  and  research  work   in,   appropriation   for,   p.  22G2,   Act  4308. 
Viticultural   commissioners,   board  of,   creation   of  and  appointment  of,   p.   2263, 

Act  4309. 
Viticultural   commissioners,   board  of,   officers  of,  p.  2263,   Act  4309. 
Viticultural   commissioners,   powers   and   duties  of,  p.   2263,   Act  4309. 

VOLUNTARY  ASSOCIATIONS.      See  Benefit  Societies. 

VOTERS.      See   Elections. 

VROOMAN  ACT.      See  Streets. 

w 

WAGERS.      See   Gambling. 
WAGES.      See  Master  and   Servant. 

WAIVER. 

Findings,  of.      See  Findings. 

WARDENS.      See  Reformatories;    State   Prisons. 
Fish  and  game.      See  Game  Laws. 
Port  wardens.      See  Port  Wardens. 
State  prison,   at.      See  State  Prison. 

WARDS.      See   Guardian  and  Ward. 

WAREHOUSES. 

Refrigeration  warehouses,  regulation  of,  p.  1040,  Act  624. 

WARRANTS. 

For  claims  against  state.      See  Board^f  Control;  Controller. 

WASTE. 

Public  money  or  property,  right  to  enjoin  waste  of  by  officer,  p.  22,  §  526a. 

WATER   COMMISSION. 

Actions   to   quiet   title  to  water  rights,   p.  2266,   Act  4340. 

Appointment  and  compensation  of  employees  and  assistants  to,  p.  2333,  Act 
4368c. 

Appointment  of  members,   p.   2266,   Act  4340. 

Appropriation,   length  of  time,   conditions  of  and  fees,  p.  2266,  Act  4340. 

Appropriation   of  waters,   regulation  of,   p.   2266,  Act  4340. 

Ascertainment  and  adjudication  of  water  rights,  p.  2266.  Act  4340. 

Cities,  counties,  municipal  water  districts,  irrigation  districts  and  lighting  dis- 
tricts exempt  from  provisions  of  act  relating  to  waters,  p.  2266,   Act  4340. 

Claimants,  possessors  or  users  of  waters,  duties  of,  p.  2206,  Act  4340. 

Compensation   of  members,   p.   2266,   Act   4340. 

Construction   of   act   creating,    p.   2266,    Act    4340. 

Construction  of  act  creating,  effect  of  declaring  provisions  unconstitutional, 
p.  2266,  Act  4340. 

Co-operation  of   courts   with,   p.   2266,   Act  4340. 


2608  INDEX. 

WATER  COMMISSION   (Continued). 

Counties  exempt  from  provisions  of  act  relating  to  waters,  p.  2266,  Act  4340. 

Creation  of,  p.  2266,  Act  4340;  p.  2333,  Act  4368c. 

Expenses  of,   payment  of,   p.   2266,   Act  4340. 

Forfeiture  of  water  rights,  p.  2266,  Act  4340. 

Judicial  notice  of  acts,  p.  2266,   Act  4340. 

Nonapplication  of  water,  effect  of,  p.  2266,  Act  4340. 

Place  of  business  of,  p.  2333,  Act  436Sc. 

Powers,   duties  and  authority,  p.  2266,   Act  4340. 

Powers,   duties   and   compensation   of,   p.   2333,    Act   4368c. 

Removal  of,   p.   2266,  Act  4340. 

Reports  of  power  companies  to,  p.  2333,   Act   4368c. 

Term  of  office,   p.   2266,   Act  4340. 

Title   of  act  creating,  p.   2266,   Act  4340. 

Unappropriated  water,  what  is,  p.  2266,  Act  4340. 

Utilization  of  water  to  full  capacity  of  stream,  p.  2266,   Act  4340. 

Vacancies,   filling,   p.   2266,   Act   4340. 

What   waters   may   be   appropriated,   p.    2266,   Act   4340. 

Witnesses  before,  duties  of,  p.  2266,  Act  4340. 

WATER  COMPANIES.      See  Public  Utilities. 
Powers  and  duties,  p.  2288,  Act  4348a. 
Regulation  of,   p.   2288,   Act   4348a. 

Sanitary  water  systems,  installation  of,   p.   2291,   Act  4348b. 

Subjecting  to  railroad  commission   and  public  utilities  act,  p.  2288,   Act  4348a. 
Supplying    water    dangerous    to    health    for    domestic    purposes,    prevention    of, 
p.   2291,  Act  4348b. 

WATER  DISTRICTS. 

C9unty,   acquisition   of   property   by   and   construction   of   waterworks,    p.   2293. 

Act  4349. 
County,    distribution   and   sale   of  water  by,   p.   2293,   Act  4349. 
County,   incorporation,   organization  and  management  of,  p.  2293,   Act  4349. 
Incorporation,     organization     and     management     of     municipal     water     districts, 

p.   1580,   Act  2390. 
Organization   of   by   supervisors   on    petition   of   land   owners,    provision    relating 

to,  p.   2308,   Act  4349a. 

WATERFRONT. 

Grant  of  to  various  cities.      See  Tide  Lands. 

WATERING  RESORTS. 

Duty  of  keepers  to  provide  for  safety  of  bathers,  p.  2344,  Act  4369a. 

WATERS.      See    Irrigation;    Levee    Districts;    Overflow    Districts;    Protection    Dis 

tricts;   Reclamation   Districts. 
Appropriation   and  use  of  waters  flowing  out   of   state,   p.   162,  §  1410a. 
Appropriation   by   cities,   confirmation  of,  p.   163,  §  1416. 
Appropriation  by  city,  work   to  be  done  in  case  of,  p.   163,  §  1416. 
Appropriation,    commencement   and   completion   of   work,   p.    163,  §  1416. 
Appropriation    for   generation    of    power,    act    of    1913    regulating    and    limiting, 

p.    2333,    Act    4368c. 


I 


INDEX.  2609 

WATERS    (Continued). 

Appropriation    for  generation  of  power,  limit  on  time  for  which  may  be  acquired, 

p.   162,  §  1410. 
Appropriation    for    generation    of    power,    repeal    of    act    of    1911    relating    to, 

p.  2329,  Act  4350. 
Appropriation  for  generation  of  power,  time  for  development  of  works,  p.   163, 

§  1416. 
Appropriation,   length   of   time,   condition   of   and  fees,   p.   2266,   Act  4340. 
Appropriation,   regulation   of,   p.   2266,   Act   4340. 
Appropriation,  right  to  acquire  use  of  by,  p.   163,  §  1410. 
Appropriation,   what  waters  may  be  appropriated,  p.  2266,  Act  4340. 
Canalization   of   rivers,  duty  of  governor  and  department  of  engineering,  p.  2331, 

Act  4368a. 
Canalization   of  rivers,   investigation   into  practicability  of,   p.   2331,  Act  4368a. 
CanaMzation   of   rivers,    investigation    into    practicability    of,    appropriation    for, 

p.   2331,   Act   4368a.      , 
City,  sale  of  e.xcess  of  water  owned  by,  pp.  1529,  1530,  Acts  2363,  2363a. 
Claimants,  possessors  or  users  of  waters,   duties  of,  p.  2266,   Act  4340. 
Condemnation   of,   rules   governing   award   of   damages,    p.    67,  §  1248. 
Deposit  of  sewage  in  waters,  regulation  of,  p.   1707,   Act  2830. 
Duty    of    company    condemning    to    furnish    water    for   irrigation,    p.    1347,    Act 

1732c. 
Enjoining  diversion  or  use  of.      See  Injunctions. 
Forfeiture  of  water  rights,  p.  2266,  Act  4340. 
Garbage,   rubbish,   etc.,  depositing  in  navigable   streams,   punishment  of,   p.   203, 

§  374a. 
Injunction  against  diversion.      See  Injunctions. 

Innavigable  streams,  power  to  declare  highways  for  fishing,  p.  591,  §  4085%. 
Lakes.      See  Lakes. 

Minerals,  extraction  of  from  waters,  regulation  of,  p.   1491,   Acts  2231,  2232. 
Municipal   corporations,   authority  of  as  to.      See   Municipal    Corporations. 
Municipal    water    districts,    incorporation,     organization     and     management     of, 

p.  1580,  Act  2390. 
Navigable,   what   waters   and   streams   are,   p.   497,  §  2349. 
Nonapplication  of  water,   effect  of,  p.  2266,  Act  4340. 
Overflow   districts.      See   Overflow   Districts. 
Pacific  Ocean.      See  Pacific  Ocean. 

Piping  or  diverting  into  another  state,  prevention  of,  p.   2330,  Act  4351. 
Power  of    supervisors    to    declare    innavigable    streams    highways    for    fishing, 

p.  591,  §  4085%. 
Property  of  people,   all  water  or  use  of  water  is,  p.  163,  §  1410. 
Rivers,   particular  river.      See  particular  title. 
Storm-water   districts.      See    Storm-water   Districts. 
Subways  under  navigable  waters,  provision  for,  p.  2127,  Act  3937d. 
Tax  to  protect  river  banks,  supervisors  may  levy,  p.  583,  §  4041,  siilxl.  40. 
Tide  lands.      .See   Tide    Lands. 
Tubes,  tunnels  or  subways  under  navigable  streams  or  bodies  of  water,  p.  2127, 

Act   3937d. 
Tubes  under  navigable  waters,   provision   for,   p.   2127,   Act   3937d. 
Tunnels  under,  provisions  concerning,  p.  2127,  Act  3937d. 
Unappropriated,   what  water  is,   p.  226G,   Act  4340. 
Utilization  of  water  to  full  capacity  of  stream,   p.  2266,   Act  4340. 
'      164 


2610  INDEX. 

WATERS    (Continued). 

Water    commission.      See   Water   Commission. 
Water  companies.      See   Water  Companies. 
Water  districts.      See   Water  Districts. 

Watering   resorts,    duty   of   keepers    to   provide    for    safety   of   bathers,    p.    2344, 
Act   4369a. 

WATERWORKS.      See  Water  Districts. 

WEAPONS. 

Bringing  into   jail,   state  prison   or  reformatory  a   felony,   p.   193,  §  171a. 

WEIGHTS  AND  MEASURES. 

County     sealer    of    weights     and    measures,     appointment,     powers    and    duti«8, 

p.  2344,  Act  4384. 
Regulation  of,   act  of   1911  providing  for,  p.  2344,   Act   4384. 
Regulation   of,   act   of   1913   providing  for,   p.   2352,   Act   4385. 
Sealer  of  is  county   officer,   p.   570,  §  4013. 
State   sealer   of,   deputies,   p.   2352,    Act   4385. 

State   superintendent  of,   creation  of  office  and  appointment,  p.  2352,   Act  4385. 
State   superintendent  of,  powers  and  duties,  p.  2352,  Act'  4385. 

WHARVES. 

Supervisors   may   grant   authority   to   construct   with  right   to   take   tolls,   p.   509, 
I  2906. 

WHITTIER   STATE   SCHOOL. 

How  far  superseded,  p.   2364,  Act  4408. 
Transfer  of  inmates,   p.   1685,   Act  2758. 

WILLS. 

Allowing   and  recording   of  wills  proved   in   other   states,   p.    73,  §  1322. 
Executed   in   sister  state   or  foreign   country,    allowing   and   recording   of,    p.   73, 

§  1322. 
Distribution   of  estate.      See   Estates   of  Decedents. 

Payment  of  bequest  after  four  months,   provision  for,   p.   86,  §§  1658,   1661, 
Probate  proceedings.      See  Estates  of  Decedents. 
Tenancy  at  will,  how  terminated,  p.   150,  §  789. 

WILMINGTON. 

Repeal   of   act  providing   for  pilots   for,   p.    1663,   Act   2672. 

WILSON  SNIPE.      See  Game  Laws. 

WINDSTORM  INSURANCE   COMPANIES. 

Capital   stock  required  of,  p.   309,  §  594,   subd.   16. 

WINES.      See   Adulteration;    Intoxicating  Liquors;    Viticulture. 

Experimental   and  research  work   in   viticulture.      See   Viticulture. 

WITNESSES.      See  Privileged   Communications. 

Board   of  -control   compelling  attendance  of  before,   p.   325,  §  659. 

Board   of   control  may  issue  subpoenas,  p.  325,  §  659. 

Defendant   in   criminal  action,   right   to   be   confronted   with,   p.   232,  §  686. 


INDEX.  2611 

WITNESSES   (Continued). 

Husl>and  or  wife,  competency  of  as  witnesses  in  criminal  actions,  p.  251,  §  1322. 

Legislature,  before.      See  Legislature. 

Prisoner   as,   discretion  of  court   as  to   ordering  attendance,  p.   252,  §  1333. 

Prisoner  as,   proceedings   in  obtaining   attendance,   p.   252,  §  1333. 

Privileged  communications.      See   Privileged   Communications. 

Privilege   of,   objection   to   testfying   by   witness,    what   sufficient,   p.   251,  §  1324. 

Privilege   of,   testimony  given   by  witness  may  be   used  against   him  if  privilege 

not   claimed,   p.   251,  §  1324. 
Privilege   of,   testimony  given  by  witness  not  to  be  used  against  him  except   for 

perjury  on   criminal   prosecution,   p.   251,  §  1324. 
Privilege   of,  witness  deemed  to  have  claimed  privilege  unless  code  section  read 

to   him,  p.   251,  §  1324. 
Privilege   of,    witness    not    excused    from     testifying    because    party    to    crime, 

p.   251,  §  1324. 
Public   utility   commission,   before.      See   Public   Utilities,   II. 

WORKMEN'S  COMPENSATION. 

Act   of    1911   repealed,  p.  1415,   Act  2144. 
Act  of   1913  regulating,  p.  1415,  Act  2144a. 

WORKMEN'S   COMPENSATION  INSURANCE   COMPANIES. 

Organization  and  management  of,  p.   1296,   Act   1672h. 

WRITS. 

Constable  of  township  to  serve  when,  p.   603,  §  4189. 

Issuance  of  in  justices'   courts  in  townships  of  two  hundred  and  fifty  thousand 
and   over,   p.   4,  §  101. 

Y 

YOLO  COUNTY. 

Assessor,   salary  and  expenses  of,  p.   766,  S  4264,   subd.   7. 

Auditor,   salary  of,  p.   766,  §  4264,   subd.  4. 

Classification  of,  p.   568,  §  4006. 

Constables,    ascertaining    population    of    townships    for    purpose    of    determining 

compensation,  p.   767,  §  4264,  subd.   14. 
Constables,    compensation    where    more    than    one    in    same    township,    p.    767, 

§  4264,    subd.    14. 
Constables,   salaries  and   fees  of,  p.   767,  §  4264,   subd.   14. 
Coroner,  fees  of,  p.  766,  §  4264,  subd.  9. 

County   clerk,   salary  and  allowance,   p.    766,  §  4264,   subd.   1. 
District    attorney,    salary   of,    p.    766,  §  4264,    subd.    8. 

Fish  and  game  warden,   salary  and  expenses  and  how  paid,   p.   504,  §  4149d. 
Jurors,   grand,   fees  and  mileage,   p.   768,  §  4264a. 
Jurors,   trial,    fees   and   mileage,    p.    768,  §  4264a. 
Justices,   ascertaining     population     of     lowiiships     for    purpose     of     determining 

salaries,   p.   767,  §  4264,   subd.   14. 
Justices,    compensation   where  more   than   one  in   same   township,   p.   767,  §  4264, 

subd.  13. 
Justices,    fines,    payment   into    treasury,    p.    767,  §  4204,    subd.    13. 
.Tustices,    salaries  and   fees,  p.   767,  §  4264,   subd.   13. 
Population    of,    p.    566,  }  4005c 


y 


2612  INDEX. 

YOLO  COUNTY  (Continued). 

Public   administrator,    fees   of,   p.   766,  §  4264,    subd.    10. 

Reeorder,   salary  of,   p.   766,  §  4264,   subd.   3. 

Registrar  of   voters,    salary,   fees,    allowances,    deputies   and  assistants,   pp.    599, 

601.  §  4149e. 
Sheriff,   salary  of,  p.   766,  §  4264,   subd.  2. 

Superintendent   of   schools,    salary   and   expenses,    p.    766,  §  4264,    subd.    11. 
Supervisors,   salary  of,   p.   768,  §  4264,   subd.   15. 

Surveyor,    county   work,   amount   of   required,   p.    767,  §  4264,    subd.    12. 
Surveyor,    salary   and    allowances,    p.    767,  §  4264,    subd.    12. 
Tax   collector,    salary  of,   p.   766,  §  4264,   subd.   6. 
Treasurer,   salary  of,  p.   766,  §  4264.   subd.   5. 

YUBA    COUNTY. 

Assessor,    deputy,  appointment  and  salary,  p.  775,  §  4267,  subd.  7. 

Assessor,    salary  of,  p.  775,  §  4267,   subd.   7. 

Auditor,    salary   of,   p.    775,  §  4267,    subd.   4. 

Classification   of,   p.   569,  §  4006. 

Constables,  population  of  townships,  how  ascertained  for  purpose  of  fixing 
salaries  of,   p.    776,  §  4267,   subd.   13. 

Constables,   salaries,   fees  and  expenses  of,  p.    776,  §  4267,   subd.   13. 

Coroner,   salary  and  expenses  of,   p.   775,  §  4267,   subd.   9. 

County   clerk,    deputy,    appointment    and    salary,    p.    775,  §  4267,    subd.    1. 

County   clerk,   salary  of,  p.   775,  §  4267,   subd.   1. 

District   attorney,   salary  of,  p.    775,  §  4267,   subd.   8. 

Fish  and  game  warden,   salary  and  expenses  and  how  paid,  p.  594,  §  4149d. 

Justices,  population  of  townships,  how  ascertained  for  purpose  of  fixing  sal- 
aries,  p.    776,  §  4267,   subd.   13. 

Justices,   salaries   and  fees   of,   p.  776,  §  4267,   subd.   13. 

Population   of,    p.    566,  §  4005c. 

Public   administrator,   fees   of,   p.    775,  §  4267,    subd.    10. 

Recorder,    deputy,  appointment  and  salary,  p.   775,  §  4267,  subd.   3. 

Recorder,    salary  of,  p.   775,  §  4267,   subd.   3. 

Registrar  of  voters,  salary,  fees,  allowances,  deputies  and  assistants,  pp.  599, 
601,  §  4149e. 

Sheriff,    salary   and   expenses   of,   p.   775,  §  4267,    subd.   2. 

Superintendent  of   schools,   salary   and  expenses   of,   p.    775,  §  4267,   subd.    11. 

Supervisors,    mileage  as  road  overseer,   p.   776,  §  4267,   subd.   14. 

Supervisors,    salary   of,   p.    776,  §  4267,    subd.    14. 

Surveyor,  salary  and  expanses  of,  p.  775,  §  4267,  subd.  12. 

Tax  collector,   salary  of,   p.   775,  §  4267,   subd.   6. 

Treasurer,    salary   of,    p.    775,  §  4267,    subd.    5. 


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